HomeMy WebLinkAbout1996-03-18 (Regular) Meeting Agenda-•
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ENGLEWOOD CITY COUNCD,
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Mardi 11, 1"'
l. Call to Onler
The rqular mceling o(the Englewood City Council was called to order by Mayor Bums at 7 :37 p .m.
2.
The inwc:ation was p-m by C.ouncil Member Wiggins.
3 . ,W.el.Alled-
Thc PledF o( Allegiancle -led by Mayor Bums.
Present : Couacil Members Halhaway, Clapp. Wiggins. Habeoichl.
Vormittag. Wagoner. Bums
Ablcnt: Nolle
A quorum was prcscol.
AllO prCICIII : City Maup Clark
S. Mt....
City Allonley 8nlUmln
Dq,aly City Clerk Cade
DumDr Gryslewicz. Finucial Semcel
DumDr FClllda. Utilities
(a) COIJNCD, MEIDD BATIIAWAY MOVED, AND ff WAS SECONDI.D, TO
APPROVE TIIE MIN1J'l'ES or THE UGIJLAll MEETING or MAllCll 4. 1"6.
Ayes : C.ouncil Members Halhaway, Vonniaag. Wigim. lflkDic:bl.
WIUIJDCI', Clapp. Bums
Nays : Nolle
The motion carried.
(a) Dr. Laurie McGcc, 1664 Eal Mommiudl Place, DeaYcr, -prCIClll with lier llulbud,
David Glahn, to discuss Cinderella City rede\ el CJ11 11 idePI. Mr. Glallll cxplaillod tlult lie ii a Denver
native and is cmploycd with DeaYcr Public Scllooll DqlPltaePt of' COIPpller Alll10mltioD . Dr. McOee
staled that she is I psychologilt and bas WOfUd iD Ellllc'Mlod far lweay ,-S. SIie told Coacil Ille ii
chaplain of'the Englewood Rotary Oub and will lie praidalt of'tlle c:lllb ia Jae, 1996 . Dr. McGee
diltributcd copies of' I pnipcml 10 Couacil outlinilll Can far Sale by Oner, ............ I --alley
would like to place in the Cinderella City puking lat. Mr. Glalul 11111111 tllll p,m111 apace1 Mlllld lie
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Englewood City Council
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sublet to individuals enabling them to present personal vehicles to the public in a convenient and
informative way. He asserted that there would be no salespersons and no sales offices. As an example,
Mr. Glahn said that unused parting spaces at Cinderella City by Broadway Southwesr <Xlllld be used for
profit for the City of Englewood as soon as April of 1996, and year around thereafter until the desbuction
of the parting structure. Cars for Sale by Owner, lnalrporatcd would advertise the cars and aid the
sellers. He went on to cite the requirements that would be placed on the owners of the vehicles being sold.
Dr. McGee described an example of the revenue the City would receive as a result of the propoal and
funher explained the contract that would be required of the sellers of the vehicles. She asked that Council
give consideration to the proposal, and responding the Mayor Bums, stated that she and her busbud have
100 percent ownership of the company .
Council Member Vormittag asked if they were certain that the parting structure would be able to handle
300 cars without caving in. Dr. McGee said that she was IIOl sure bow many cars it <Xlllld bold. but felt
that even 100 cars would make money .
Mayor Bums thanked them for coming.
Mayor Bums mnindcd the non-scbcdulcd speakers that presentations are limited to five minutes.
(a) Sandi Oslcma. 2843 South Grant Street, quoted PRSident Jefferson as saying that the
whole art of government consists in the art of being honest. She said the founding fathers rccognizcd that.,
no matter bow well structured our govanment is. it will llOl work unless its offices are held by people of
vinue. Public officials. they said, should possess a disinteratcd attachment to the public good. exclusive
and iiwk::pendeol of all privaae and selfish intcresls. Ms. Oslcma told Council there is one among them
wbo bas forgotten that and Slalcd her intention to pn,cecd witll a recall camplip apiml Council Member
Rita Halbaway. She ltatcd that if we. her alllllituenll, doll 't bold her rapomible for her miw of office.
tbell we ,ct exacdy whal we cleave. She said slle was told dull this is just politics, but doesn't feel that
makes it all right. People have allll told her it was a IDllla' of public ra:onl. but she -acd that she
~ of a citizen wbo asked for a copy of the FAX and was dcllicd it bacd on the fact dull Council bad
IIOl yet rec:eivcd a copy . Ms. Ollema said sbe fillds it bani to belieYe dull its public ieconl. She laid also,
on the cover sheet for dislribution of the day labor a,ency bill. COUDCil bill number five, FDCnlled by City
Attorney Brotzman on January 30• aowberc did it 1111)' dull Standby Pasonnd should Ft a copy . Nor did
the distribution portion of the memo 1111)' that Sandi Oltema should ,ct a copy . She maiOlaincd that
wasn't the intent, that it was a rough draft, and the impnJpcr ldealc of it is what brings her here tonight.
Ms. Oslema laid she worts for an estale lawyer and. when they do mmdhing that is public ra:onl. they
publish it in the newspaper as notices to creditors. She said this is for people wbo have died rcoendy to
inform their crcditors there may be money to pay them . She~ that that is when it is a public
rcconl. when its published. She said she doesn't think ajuqc or jury would diagrce with her as that's
bow they insisl that its done. She said this is in our judicial rules. Ms. Ollema laid tbal. in October of
1994 when the City library bolted its Council candidltc bum. Council Member Hathaway said that she
deleptcd this illue to Neigllborhood Wlleh . Ms . Oslcma laid she bas looked in City files and bas asked
many City employc,cs where it is written that she said she bad deleptcd il She said the City file on
Stand-By abruptly ends in NoYember of 1994 . She encounged Council to look at that as there is a lol of
information in there that they need to"-about., bccaulc ii lklpl abniplly in NoYember of 1994 and Ms .
Hathaway started working for Stand-By in Doc::ember of 1994. Ms. Oltema said that former Alliltanl City
Manqer Chuck Reid did a grail job and bas woaderflll -in the file QOYCring a lol of illUCI. She
asked why, after NcM:mber of 1994, the illue was not deleptcd to Clluck Reid's~-She alletcd
that 10111C011C dropped the ball . She laid she does not enjoy appearing before Council, writing a leaa of
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complaint and making their lives uncomfonablc. She said that. when Council is angry with her and want
to lash out at her and her neighbors. they should ask themselves who created the situation in the first
place. She asked how many times Council releases oouncil bills to instigate contro\'erSy . She said no one
can answer that, but, if it is their policy, then she will give a packet of postage stampS to City Clcrtt Lou
Ellis, because she wants a a,py of C\'Cl)'thing that a,mes out of their offices as soon as the ink dries, if that
is how it is going to be done. She said she didn't think thal was how they wanted it to be done and was
not pursuant to their policies. Ms. Ostcma llalcd that there is one little blurb in Council policies that says
Council won't create filibustering or will not personalize the issue. She asserted that Council Member
Halbaway had personalized the issue bccaulc she chose what side she was going to he on. She said it was
not that of her constituents, it was that of Stand-By. She said she would not have any problem with that,
and neither would the resiclcnts, if she backed off f10m any more of it. which she was asked to do, and did
not do. She said the citizcns are supposed to be her boss. Addressing Council Member Hathaway, Ms .
Oslcma said they have asked her not to be involved in this issue anymore .
Council Member Wiggins, the Sergeant at Arms. announad that Ms . Oslema's time had expired.
Mayor Bums asked that Ms. Ostcma not personalize her c:ommcnts and advised that her time was up .
Ms. Oslcma said she had one 11101C thing to say . She staled thal she takes pm insult in Mayor Bums
referring to this as a witch hunt. She said she did not stan this.
Mayor Burns asked what she was talking about.
Ms. Oslema said it was when they were in the Study Session. She rq,eated that she takes p-eat insult to
that .
Mayor Bums said that he did not say that, to which Ms. Oslema reasserted that he did say it. Mayor
Bums said that another member of Council had said it . Ms. Oslema said Mayor Bums had been in
control of the situation.
(b) Stan Lange. 3S3S South ClaJbon Stn:el, lpOkc on the issue of the Cinderdla City
Ridevdopmcnt. He cxprascd 0011CC111 that a lcacr had been ICIII IO City Council by the Englewood
Focusing on Tomorrow (EFOT) board of directors indicating the board unanimously supports proceeding
as quickly as possible toward the completion of the project as it is currently proposed. Mr. Lange said that
he is an EFOT board member, and, due to some misunderstandings at the last board meeting, from which
that lcacr emanated, he wanted Council to know the board is not unanimous in that regard. He advised
that four or five of the elcvcn members of the board are in favor of nx:onsidering the direction of the
redevelopment. He remarked that he personally takes much of the blame for their intcmal
misunderstandings. Mr. Lange said the SO 10 100 members of EFOT have spent over two years and
thousands of wluntcer boun to gather input f10m the citizens of Englewood aboul their vision for the city
for the next twenty plm ycan, and then dislill thole visions into a llnlCgic plan thal would illYoM a
putnership of citizens, busineacs, --profit orpniz.alions and goyernmenl thal would WOft
cooperalivcly together to implement crealivc and UIIICMllivc IOIUlions to Eaglcwood's ~ over the next
twenty plus years . He related that EFOT' s mission statcmcnt is to pdlcr blOld public input to identify
~ of Englewood and to develop a dynamic long term plan for the future of Englewood, including short
term stndcgic plans. Four or five members of the board fed the direction of the proposed plan is not in
keeping with that mission. Mr . Lange expreucd a second OOIICffll that, al the -time Mr. Miller and
Council stated that the redevelopment plans were open to input from the community, Mr. Miller reminded
m rqatedly that the ooncq,t is ICl as a big box power ccnlcr, with no bold, no llnlCtW'cd puking and it
cannot be unique . He said that Mr. Miller further Slalcs that a ten year old, nine million dollar building,
in excellent condition. must he~ to procccd with the dcvclopment. Mr . Lange said thal the first
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opportunity that a significant number of them bad 10 understand the direction of the Miller/Kitchell
development was last Monday night, • which time they also found out that Mr. Miller's plans arc set. He
commended Council, City staff" and architecu Klipp Colussy, et al, for the bard wort in planning what is
best for our community for the future. However, he feels the Miller/Kitchell plan docs no( come close to
addressing the summary of community input plbcral by EFOT. Mr. Lange explained that the
Miller/Kitchell plan docs no( tic in10 the properties 10 the easa between Broadway and the site and docs
no( enhance our business community along Broadway the way our cumn1 business would like . He fccls
wc should rccognizc that sales tax l'tMIIIICS arc twice what they were siXlecD 10 IWCDly years ago when
Cinderella City was alive and well and li&lcn to our cumnl business community who brought us that
double sales tax revenue. Thirdly, he asked Council 10 rccogni1.c that the fifteen or 1110R member group
charged with evaluating the developer's conceptual plan only bad one or two~ from the
gcncral population. which docs no( properly rq,racnt the 30,000 members of the community. The
majority of the members were City staff", with no outside pro(cssional city planncn or architects on this
panel. He said it appcan that the dcvclopcr evaluation group was convinced that Miller/Kitchell was open
10 community input, but in iality, it seems that the plan bas always been only big box, power center and
the plan is now set in <XIIICmC . Mr. Lange advised that Mr. Miller bas said that the big boxes along
lntcntate 70 in Arvada will probably be out of business in thrcc years. He IIUCSIICld that wc don't want a
clcvclopmcnt that wc hive to start over again three years after opening. He said he feels that, if
Millcr/Kitchell is the only viable cboicc IS a dcvclopcr, perhaps further efforts could have been made 10
procure other developcn or that the highly specialized Nalional American Institute of An:bitccts •
Regional Ultlan Design Assilllallcc Team could have been asked 10 help us. Mr. Lange m:allcd that they
successfully assiSlcd the Regional Transportalion District (RID) about twenty years ago with a complex
problem and that they have helped l 2S other cities and towns over the last thirty years 10 detcnninc what
is best for their communities. He said the team is a public service of the AJA and they arc non-profit. He
respectfully requcSlcd Council's consideration of these concerns which, he said, rcpn:scnt a significant
segment of the community.
(c) Selwyn Hewitt, 491S Soudl Pearl Street, said there is a growing pera:plion that Council
and the City administnlion have cmbarted on a counc of aaion embodying nccdlca baltc inwlving
concepts whicb may no( be in the best intcrcll of bodl die near and long-4Crlll fuhn wclm of die City of
Englewood. Mr. Hewitt said tbal, as a long time residenl and as an illlClaled and inYoM,d member of
this community, he bas been diappoilllcd in die applral wnrillinpcls of this Council and
administndion in dealing with die ~ of Cindeldla City 10 addras die cxpras dcsiJa of the
citi7.cns of Englewood. He rapecdully mgested that Council slow die process IUfficicntly 10 pc
adequate and reasonable COllliclcration to many of the issues being cxplallcd by CODOCrDcd and intcralcd
members of the community.
( d) Joan Aldretti, 400S South Jason Street, said she bas lived in Englewood for forty years.
She feels the question for the City of Englewood in the Cindcrdla City redcwlopmcnt is what do wc ially
want., and how long do wc want it 10 lasl? She ack-'eqcd that the City CCl1ainly needs the tax bac,
but wamcd that WC 1111111 be carcfid that WC don't take a sbortsipled IIJP"*b with big box rmiJ. Sbe
reminded Council that Englewood -• die fordiulll wllcn city hall -*'eloped frvm die Norpai
property. She said this is an example of being fanigllled. S-. wc keep hearing about the unique
qualities of our city. Ms . Alclretti urged Council to thiak about a unique IOlulion 10 this cballcngc. SIie
IIO(cd that WC have all heard of the limited life span of lllapping centers as WC "-them and lllflcd her
bopc that wc can look at altemativcs such as ~ Calthorpc bas mgested for the old Elitch 's. Ralhcr
than a shopping center, Ms . Alclretti -.tcd that wc nccd a lllltailllblc city community ClCDtcr. Sbe
asked how wc provide Dllething that isn't a box but provides a cliffeRnt at~ and IUgellcd an
old main strut look . She said she bclicYcs we nccd a design that looks like a dilbuned area, but provides
the retail space, community rooms and housing. while providing tlcxibility . Ms . Alclretti mainlaiDcd that
wc need alternatives to lhe dinosaur planned for this area that would be outdaled before it is completed.
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She asked that we develop something with a life span of more that just a few years and that will bring
people into the community for l1IOfC than just a quick shopping trip, such as theaters, restaurants and
meeting rooms . Ms. Aldretti opined that the developer does not have Englewood entirely in his best
interests.
(e) Carole Tomasso, 2998 South Bannock Street, said her CIODCCl'll is incrascd standards of
conduct for government officials. She rad from a memorandum lddlaacd to City Council as follows : "I
submit the following suggestions as possible legislation to support the best illla'clU al the citizens of
Englewood and aid government officials olthe City of Englewood in deliacaling pn,IOCIOI. Given the
recent behavior of my district (please see attached documentation), I have cloldy examined the State
Constitution and the Home Rule Charter of Englewood and found it lacking guidaace to prevent
ostraci7.llion of citi:zens by representatives and allows for conflict al intcrest to intClfere with the
imponant functions of government officials. Keeping in mind that this is a pa1IIIIClll al the people, for
the people and by the people, such ostraruation could be delineating prolOCol for conftict of interest to
maintain the representation of people . I rcqucsa that, if conflict of intcrest is evidenl. then it shall be
declared in Council, and Council will ascenain an appropriale repraea&alive within Council to maintain
representation of the people if it becomes evident. Such legislatioa would CIIOOlmF citizens to Ulili7.c:
their appointed representative rather than besiege Council in fonle to bear their problems, and citizens CIR
maintain their faith that they are being replCICDtcd in Council. I alto rcquell additional legislation
supporting equal access of the public information act. This IIClllitive issue CIR lead to abuse by CIOIIICllting
government officials to discriminate their dillClllination of information . Since rqll'CICllllliv CIR have
conflicts of interest and CIR discriminate by their actions, legislature should prolcct citizens from such
abuse and propaganda. Statutes support city IIIIDlgCl'S in developing protocol for diPCDJination of public
information and I encourage Council to wort with the City Manager to publish a pro1ocol for
dissemination of public information. Tbe only recommendation I CID offer, given my limited
comprehension of government resources, is that all information should be released from the City Clerk.
While I recogni:ze that this CID be an incrascd burden on a single individual or office, I strive to seek an
unbialcd and controlled IOURlC that would ~ undermining oqua1 access for all citizens. PlealC note
that I am incomplete support al the public informalioa act, and in DO way seek to UDdermine it, nor cemor
information to the public. I simply MDI to offer I prolOall to PRVCDl abuse and potallia1 c.. from la
of proloeol . Please <lOllsider my l'CICIO!Dmendalions in I timely fashion . J llllllcnand thal legislalure CIR
act on these matters, rather than my need to petition. My need to petition aiuld potcntially fw1her
diSWICIC the legislature body from its oomlituency, which would not be my inlended action." Ms.
Tomasso said that, at the study session, the City Attorney was discussing methods o{ cilallaling I
resolution . She reasserted that there IIClcds to be some definite prolocol . She submiltCld a copy al §24-18-
109, Colorado Revised Statutes. which is the rules of conduct for local government officials and
employees, with a copy of the memorandum and attachment. She stated that she feels that IOIDC rules
have been broken in standards of conduct for local government officials and employees.
(f) George H. Allen said be has lived at 2799 South Downing Street for the 1111 55 years.
He said be has taken a big interest in Englewood and was not before Council to help clcccrminc wbll
stores should go into the rcdcvclopment al Cinderella City . He ranindcd Council that be was involved in
its development and feels Cinderella City did a lot for Englewood and owes DO apologies. He said the
rcdcvelopment needs better access off of Sula Fe for the people piing IIOUth and cmphasi1.ed that we
should wort on light rail, stating that we need a DIOR vigorous lobbying group to p:t it in hen:. Mr . Allen
said big box mailers give an area a shoe in the arm, but it doesn't 1111 long. He feels we CID do better
than that, but allowed that big box is better than nothing. He urged Council to look fw1her down the road
for a more lasting cona:pe for redevelopment. Mr. Allen asserted. alto, that what we rally need is more
housing. He said n:tiring people move out of town and sugesled two or tbnc more Cberokec Kivi type
structures. He felt they would fit well into the redevelopment. He ranindcd Council that Von Frellick,
the developer of Cinderella City , planned to place about 2,000 dwelling units north of Cinderella City , but
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it became unfeasible when tbe housing market dropped off. He visualized tbe area being ~ into
Dice housing as far nonh as tbe old iron worts. He also aid 11atandanl housing is an emotional
problem that must be addressed. His departing thought was for Council to amsider keeping people in
Englewoocl and providing a plac:c for tbem to IM.
Mayor Bums asked if anyone else wished to speak, but no oae came forward.
8 . eo.-•icadau, ...... adluudA.f,11 ts la
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No pulllic belriag -ICbedaled befln COUIICil .
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(a) Appnwe Oil Finl RcadiDg
ThcR -no addilioaal itam for app&oval Oil fim n:adiDg. See Apada 11ml 11 (a) .
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COUNCD. MEMBER BATBAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (') (I) AND (U) ON SECOND llEADING.
(b) Appnwe oa Secoad RcadiDg
(i) ORDINANCE NO. I, SERIES OF 1996
AN ORDINANCE ESTABLISHING A CAPITAL PllOJECTS FUND .
(ii) ORDINANCE NO. 9. SERIES OF 1996
AN ORDINANCE AtrrHORIZING AN OO'ERGOVERNMENl'AL AGREEMENf EHITIU!D
"SOl1lll PLATl'E WilD AND SCENIC RIVER REVIEW PROJECT PARTICIPATION
AGREEME!rr'.
Ayes : Council Members Halhaway, Vormiaq. Wiaia, Habeaidlt,
Wqpaer, Clapp. Buras
None
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(a) Appnwe Oil Finl Radilla
(i) Director GryaScwicz pr....a a fflCDffl-nt111ioe hat die DlparW m
Fiaancial Servic:cs to adopt a l'elOlulioll lllUldariaa and lpplllpl'ilWla llllldl fbr capilal pnijlm idadled
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in the Five Year Capital Plan. He Slated that the resolution would transfer $18,000 from Donors' Fund
and $269,600 from the General Fund to the newly created Capital Projects Fund which Council just
approved on llCCOlld reading. Mr. Gryglewicz said that these funds were approvcd with the original 1996
Budget and, theref~ has no financial impact to the City. He pointed out that the Council packets
include information on the capital projects.
The resolution was assigned a number and read by title:
RESOLlTl'ION NO . 39, SERIES OF 1996
A RESOLtmON AMENDING nm APPROVED 1996 BUDGET AND APPROPRIATING MONIES
FOR nm CllY OF ENGLEWOOD, COLORAOO.
COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (a) (I) -RESOLUTION NO. Jt, SERIES OF 1"6.
. Ayes : Council Mcmben Hadllway, Vormiaag. Wigins. Habenicbl,
Waa-r, Clapp, Bums
Nays : None
The motion carried.
(ii) Director al Utilities Fonda ,-ealed. fflCXJIDmcndltion from the
Uttldoa,/Englewo w.--.r TNllaelll Pllllt Sapen,iwy Ca ;aoc IO adopt. bill for an ordinance
appn,YiDg the Sc:alemea ~ ad Stipallled Older for dllaeal limilllioa viollliom II the Plant.
He mted that it rqJI' C 11 I IJCldeme.-........ with Ille Colorado Dcpanmcal al Health for the
effluent viollliom wbicb occara during die _. up al die ... expeneion oldie Plaat. Mr. Foada said
iqolillioas were llllted al llbcllll a ball aillioa dollars for die pcaally, 11111, bec:aa al-lOIJd
c,ompli•noe bislory, dlecliYe ...-_ CllfflldM IClioa wl 8111 baviJII ID IIMl9e DIii*' Oil tbe mer,
thole were loM:Rld to a final_. alS62,410. ID fllnller -,atialioas, lie llid, tlley were willillg to
allow Ill to CXllllributc monies to Olber pnijecls whic:11-.111 tllea ledllce -............. tbe IIIIOUllt
altbe $62,410. By contributing to thne pn,jec:11. $130,000 fiaa die Bi-cily Fad lO die Big Dry en.
---*lrized bike path. $62,000 to bio-aidl n'9lllldl and $31,000 for amielt .-al by ......
aqualic planls, the fine is esscntialJy reduced to mo, be said. Wida dial, die ca •aiaee nawmrnded that
theae projects be funded and that we aaiep the prclpOled aJllbKl widl die Stale al Colondo.
Mayor Bums aaed for clarificaliOD that tbe admillillnliw ,-ally odlerwiae would be $62,410, wbicb
Mr. Foada CIOllfirmcd. Mr. Foada added tllll Ille tine pl'Ojem. llllalillg $230,000, 1R projccts dull we
would be doiJlg anyway . Mayor Burm llid thal. ill dull c:ae. we aca.lly will ha\'C a 11d pin oldie
amount al the fine . Mr. Foada CIOIICUfflld.
Mayor Bums adled if Ille Big Dry Creek Gleeeway PnljCICl t.c p,llt _. BR ill additiOD to wllal Ills
alrady been alloclled for that project . Mr. Foada said be belieYa Ille pnljecl Ills 8111 pown but tllll tllis
pays for pu1 al it and allows ~ so be .... ill adler .... al ii.
Tbe Clert was adled so read Council Bill No. 11 by tide:
COUNCIL BILL NO. 11, ImRODUCED BY COUNCIL MEMBER HA1HAWAY
A BILL FOR AN ORDINANCE AU'JHOIUZING AN INl'EROOVERNMENTAL AGRl!EMENI'
BETWEEN nm STATE OF COLORAOO DEPARTMENT OF HEAL 111 AND ENVIRONMENI',
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WATER QUALITY CONTROL DIVISION, 11iE CITY OF LITTLETON AND 1HE CITY OF
ENGLEWOOD, COLORADO.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM II (a) (U) • COUNCIL BILL NO. 11.
Ayes : Council Members Hathaway, Vonnittag. Wiggins, Habenicht.
Waggoner, Clapp, Bums
Nays : None
The motion earned .
(iii) Diffdor Fonda prcllClltcd a l'CICOIIIIIICII for the Utilities Department to
adopt a resolution approving an incrcuc in the water raacs lo fund improvemellls at the Allen Filler Plant
Mr. Fonda said the increase would fund approximatdy 1CD million dol1an WOl1h ofimpromnenls to the
water sySlem, lhe majority of ii being lo the water fillration plant He Slalcd lhal ii would build
flocculation sedimcnllllion basins, which is an cxua stage of IRalmClll. He advised lhal ii would a1ao
allow us to clean our mains, build pipelines for our raw water IUpplies and llllke Olher roiscella-
improvcmcnlS to the water plant Mr. Fonda said lhal Ibis would be an CMra11 rare increase of aboul 38
pera:nt. bul lhal would be enacled in four SlepS. wilh nine pcn:ml oo July I, 1996, nine pcrceDI oo
January I, 1997, cigbl pcrcaU oo January I, 1998 and cigb& pcn:al Oil,._, I. 1999. He informed
Council lhal there were IWO public meetings oo the iauc ~ after cxpllft#ion of the -and the
amounl of the ralc bike., ii WU m)' fawrably rcceiwd a-, lhoac in ........ DC)C. Abo. be said, there
have bClcn 1WO Council Sludy Scssioas oo the iauc and lhc WrAa and Sewer Board, after lfflCWing it. is
recommending ii IO lbc City Council. Mr. Fonda explained lhal Ibis amounl of a rate increase would
adequately provide for ddll SCIVicc and lhc boods would lhcn be IIUOicical to build lhc program.
Council Member Wagoner llllled why, oo lhc rate acbedulc. lbc rate aclUally decrcaacs if you use over
400,000 p1lons, COIIIIIICllling lhal ii doesn't aeem to promolc conservation. Mr. Fonda aid be does not
lhiDk ii promoleS. but does not lhiDk ii C11111eS a lack rA comervalion, cilher, bocauac al 400,000 you arc
far beyond wbal a typical raiclcncc would UIC. He feels lhclC would be m)' larF UICII who cloa'I iniptc
~ much. He advilCll lhal lbc ra1c for a typical household user wilh a lawn is CIIClllially llnighl. Mr.
Fonda said you can gel iDlo all kinds of argumenlS as 10 bow dl'CClive a aJIIICmllion rate is, bul be does
not bclicvc Ibey arc panicularly cffec:tiyc unleu you raise lhc rate IO high lhll ii foRlel people to cut bldt.
He added 1h11 Ibis is being doac more by COIIIIIIUDities lhat have a m-y ialrictcd water supply .
Council Member Wagoner llllled what would bappca if we dida'I have a break al all, jull dlar,e lhc id
rate all lhc way lhrough. Mr. Fonda said 1h11 would be _.... unfair to lhc 1arF iDdullrial amomcrs
because, when WC did lhc rate lillldy, WC a1Joca1a1 I ClOII baled Oil what ii OOIIS IO 11CFW, and IDOll of-
OOIIS arc inwlwd in peaking facilities. Faking facilities arc lied to lawn watering. be said, and Ille larF
cmtomcrs typically have a ~ low pcrccn1age m lawn watering in the amoun1 of lhcir water -,c. He
further explained 1h11 1h11 is rdlclClcd in lhc lower rate because ii does not lake II much IO --
who bas a mon: uniform usage .
Seeking clarification. Council Member Wagoner aid lhc peaking rate is caulCII by watcriDa ia Ille
summer. and 1111111 oflhc customcn cloa'I U1C 400,000 plloos. aayway . Mr. Fonda COllfir..a dllll lDOll
lawn WalCring CUllolllCrs do not gel to 1h11 lcwl, 10 IIIOII peaking occurs below dllll lcwl.
Council Member Wagoner aid appucady lhc -llwlg applia b c:llarpa b -.:rials, ia 11111 lhcy
cbarJc inwicc COIi plus 20 pcrccnl fN cvaything up IO lhrec quancr inch, and lhcn we drap dowD 10 10
pcrceDI or five pcrceol for anylhillg abcwc 1h11 . He aid ii -lib Ille mabp lllauld be Ille -b
all charges for malcrial . Mr. Fonda aid be is not IIR wby lhcre is a dil'aalte. bul mrmiaal dlll lllcR
musa be a reason for Ibis, possibly balCd oo lhc unounl lhat we order.
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Mayor Bums asked that Mr. Fonda obtain the answer to Council Member Waggoner's question.
Council Member Waggoner also asked, regarding fire protection IICIVicc, if the figures listed pertain to the
number of waler hydrants. Mr. Fonda confirmed that that is what is being refcmd to. He llicl be believes
we arc charging the general fund for the hydrant usc. Mr. Fonda llicl it amounts to a monthly charge of
$7.32 inside the City for 100 hydrants, which wc also maintain by painting them and so forth.
Council Member Waggoner asked what difference it would make in the amount of moaey the Utilities
Dcpmtmcnt would take in if the rate was comtant per tbouand gallons of water duougbout the ordinance.
Mr. Fonda rapondcd that be does not have the answer to tbal • it bas not been c:alaJlaled.
Council Member Habenicht asked if other water providers have the -kind of rate IIJUctuR and
whether there was information OD bow they make that brat, to which Mr. Fonda responded that it varies
broadly. He said some entities give cheaper rates for higher water imge, some break the charge into
different cuslOmer cla&lcs . He explained that the fact that the vesy high 111C1S generate less peaks is the
-for the rate difference in that wc arc Uying to charge OD a COil of acrvicc basis. Mr. Fonda asacrtcd
that, if you charge along a Oa& line. you will not be charging OD a COil of IICIVicc basis, unless you were to
do a sq,aratc rate for the different cmtomcrs. The smaller imge customers have the higher peaking
factor, so they arc assigned more of the peaking COIis . If you want to maintain a COil of service basis and
have increasing rates as you usc it. be llalcd, a design would be required involving a sq,aratc rate for each
CUllomcr class. That. be said, is vesy difficult. time a,np,ming and an administrative nightmare because
every customer would have to be rcvicwcd to dctcnninc whether they arc industrial or residential
customcn, and then they m1111 be aclminiSlercd scparaldy. Mr. Fonda llicl the current S)'IICIII bas the
advantage of doing CVCl)'lbing uadcr one rate ICbedulc and is, theff:fore, adminislralablc with a rcaaaablc
staff" and you have an equitable dislribution of COIIS. He poinlal out tbal cities that incrcalc the rate for
each unit Ulcd, in an altCIDpl to force cooacrvation, either have a rate that is DO( COil of ICMClC, or have
separate cbarp for the clift"crcat CUltolDer groups. He adviaed tlllll there arc many poaibilitiel, but rate
SIUdics to answer some oftbeac questions can COil up to SI00,000. Mr. Fonda reminded Council dial this
was not meant to be a full blown rate llUdy to try to addlas all the equitability questions wc have. He llicl
that CIOUld be done at a lalcr time if that is what Council wants to do. Cunently. the City is coaveniag
from Oa& rates to llldcls, during which WC have an unknown quantity of water that WC can DO( allocale. IO
anything that we come up with would be -ha& of a gums.
Council Member Habenicht asked if filter plant unprovemea11 arc mainly to inlpnM the quality cl the
drinking water and if thole same higher rate uacrs arc allO the primary 111cr1 of drinking water. Mr.
Fonda rapondcd that it is a drinking water safety isluc. He added tbal a rate llUdy migb( make ICnaC in
about five years once the City is about 90 pcn:,cnt metered, al which time the whole S)'IICIII CIOUld be
•udicd.
Council Member Habenicht asked which IIICIS proclucc the higbclt demand of the wastewater tnllmCnl
plant. Mr. Fonda said it is very difficult to tell a diffcrcnoe in alllOIDCr class or loadings aad there is
typically. single step rate . He llicl it is quite cliffcrcnt from water. Oeain& back to the Waler~ be
utcd fwtbcr tbal the peaking facilities arc a WJC c:amplGCnt of the MIier trcallllall plant. the .._ of
supply, the IJ'anlfflillion S)'IICIIIS aad the dillribution l)'IICIIII. He llicl you can idallif'y the ..... of
thole systems that go into providing the peak. aad then thole have been aiped baled OD Ille peaks
gcncraled by the different alllOIDCr ca-. dclcrmined in the p,evioul '* lludy.
Council Member Hathaway asked City Attonlcy Bromnan whether, ifwc decide to go toward tlle lllOR
equitable ra&c sy•cm later, it CIOUld be ara,mplilbed Cllily by RWO!ulion. Mr. Brotzman llicl wc -id,
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indeed, do another resolution in that case. Ms. Hathaway suggesled that we proceed, since this has been
studied for a year and a half and because it is a safety issue .
Council Member Wiggins asked how many aJSlomers we have who use over the 400,000 gallons. Mr.
Fonda responded that it is probat,ly about IS percent of the users, typically Swedish, Meadow Gold,~
Up and others.
Council Member Waggoner said 400,000 gallons seems to him like a lot of water and that be would lli11
like to see that straight through charge. He said be is not in favor of going out for a full blown rate ltUdy,
but said it seems that we are having resideotial units IUbsidizing COllllllelCia1 and indullria1 men by
dropping the rate for that IICCOlld tier. Mr. Fonda said be does not agree. He said a rlle lbldy wou1d show
there isn't much of a sublidy and that they have carefully calc,•I....,.. the COits anributlble to thole low
peaking users and that is the amount al COit we recc,ver from them. He opined that, if you do have a
straight across rate, there would be a lalJC lllblidy the other way with the c:ommercia1 and industrial
bcavily subsidizing the residcntials. Again, be said be is not looking at disturbing the relative charges
among customers while we are going through the increase.
Council Member Waggoner allowed that be is willing to go ahead and pass the raolution if eveiyoac else
is, but said that be would like to see 1D1DC information on the break between resideotial and c:ommercia1
and industrial and the 400,000 gallon quancrly usage. Mr. Fonda said be can provide the informalion .
The l'CIOlution -aaigaed • number and read by tide:
RESOU1110N NO . 40, SERIES OF 1996
A RESOU1l10N ESTABLISHING FEE SCHEDULES FOR WATER SERVICE .
COUNCIL IIURD WIGGINS IIOVU, AND IT WAS UCONltD, 10 Al'l'llOVE AGENDA
l1DI 11 (a) (ill) -aaGLUTION NO. .. SUDS CW 1"6.
A,es: c-:i1 Meallels Hadlaway, Vormiaag. Wiggia&, HalaicM, w...-,. Clapp, ...
Nays: .._
TIie ... carried.
COUNCIL MEMSD BA111AWAY MOVED, AND IT WAS SIECONDD, 10 All'IIOVE
AGIENDA ITIEMS 11 (II) (I) AND (Ii) -ODINANCIES NO. II AND 11, HallES CW 1"6.
(i) ORDINANCE NO. 10, SERIES OF 1996 (COUNCIL Blll. NO. I ,
INTRODUCED BY COUNCIL MEMBER WAGGONER)
AN ORDINANCE AMENDING Tl11..E 12, CHAP1ER 18, SECTIONS 2 AND 6, AS WELL AS
OIAPTl!R ID. SECTIONS 4 ANDS, OF TIU! ENGLEWOOD MUNICIPAL CODE 1915 REGARDING
MISCEU..ANEOUS WATER SERVICE FEES .
(ii) ORDINANCE NO. 11, SERIES OF 1996 (COUNCil. BllL NO. 10,
INTRODUCED BY COUNCIL MEMBER WAOOONER)
AN ORDINANCE ESTABLISHING NEW CRITERIA FOR FLASHINO 'lllAFFIC SIGNAL
OPERATIONS IN TIIE CITY OF ENGLEWOOD, COLORADO.
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Vote reaaltl:
Ayes :
Nays :
The motion carried.
12 . General Diacuuioll
(a) Mayor's Choice
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Council Members Hathaway, Vonnittag, Wiggins, Habenicht.
Waggoner, Clapp, Burns
None
I . Mayor Bums stated for the record that. regarding Cinderella City. be inquired of the City
Manager, after the meeting on March 11"', whether the ooncepts that were presented to the citi7.CIIS in
public meetings early in 1994 were included in the packets that were sent to the developers who responded
to the request for qualifications and ooncepts . He said be was told that they were . He reminded the
audience that twelve developers responded, and none of them even gave lip service to those other ooncepts
or responded to them in any way al all . All twelve proposed power retail, thereby telling us that that was
the market . Mayor Bums allowed that that was IS months ago and that there may be changes in the
desires of oonsumers and the market since then. He expressed curiosity as to whether that market bas,
indeed, changed and what else is out there. He felt that there would, therefore, be further inquiry into the
matter to see whether there might be some other approaches . Mayor Bums staled that Skip Miller's
proposal bas remained the same through this entire period of time. He advised that Council and Slaff
thought that the negotiations for the land transfer would go much quicker than they did and that we would
be into the public oomment phase on the development within a couple of months after the developer was
selected. Unfortunately, the transaction took a great deal longer than expected and Mayor Burns said if
any millakes have been made in the meantime, ii would be in not having a couple of public meetings with
the public to discuss the concep1 of the developer. He acknowledged that they bad gotten so focused oo
the land deal that they thought in due time they would have a conlrllct with the developer and then would
have the public oomment period. never intending to shut the public out anywhere along the process. He
said be would penonally love to see something more imaginative than what bas been submitted, but
somewhere out there, if the times have changed so much. there bas to be a developer and a banker and a
lender who will lend tens of millions of dollars 10 have some other ooncept advance.
2. Mayor Bums said we have sucx:eeded with the light rail projec:t . He stated that be was informed
ten days ago by the Department ofTransponation in Washington that last Wednelday there would be an
announcement and a cemnony conducted by the White House . The announcement would identify that the
southwest light rail project bad been selected by the Prelident of the United Stales as ooe of six projects
that be would m:ommend to the Congress for funding in fiscal 1997 . This included several large projects
in northern New Jersey, San Francisoo, Pueno Rico, Saint Louis and San Joie. Mayor Burns said be and
Mayor Dennis Reynolds of Littleton were asked to oome to Washingtoo and that they were asked for their
dales of birth and social security numbers for security clearance becaule there was a chance the meeting
would take place in the White Houle. He said that. although it was orcbellraled by the White Houle, it
took place in the Old Executive Office Building right next door. Chief of Staff Leon Panetta was the
speaker and Sccfflary Pella was present as well as the administrator for the Federal Tnnsit
Administration . Mayor Burns commented that the administration wanted to make a very big stalemellt
about alternative forms of transponation . He said all six delegations were in very high spirits for the
cemnony. Our deleption. be said, included many of the RTD officials and baud members,
Coapeuwomen Pat Schroeder wu there, u was Congraaman Dan Scbaefer. He said the meetinp be
attended two weeks prior bad gone very well and be WU getting signals from RTD dial this project looked
very good . He compared ii to a year ago when they bad a very difficult time in Wasbington . Since tbea,
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he advised, the envi-tal impacl lllllemcnt has been completed and now a record of clccision, which
is the final approval , has been issued. A full funding grant agrccmcnt, which is actually the oontract with
the Federal Govcmment to build the system, was submincd a couple of months ago and will now be
negotiated. Mayor Bums advised thal this proposal must be funded by Congress, but he was told thal
never has a project designated by the Praidcnt not been funded by the Congress . He also said perhaps, in
a couple of months, if this is negotiated completely and fully , there will be a ceremonial signing of the
contract here in Denver with Secretary Pcfta here for the session. Mayor Bums said the delegation felt
very privileged that the project came so far in just one year and said it in effect preserves light rail for the
area . He thanked the people in Englewood who have gone to RTD meetings and testified before the board
to help push the project.
(b) Council Member's Choice
(i) Council Member Hathaway :
I. She asked if there were expenses involved with Mayor Burns trip to Washington that need
Council approval .
Mayor Bums apologiz.cd to Council for taking the trip without prior approval, but cxplaincd that the
White House would not let them reveal this before they left because the White House wanted to make the
announcements and, therefore, he could not tell Council that he was leaving. He said that the airfare was
very high. approximately SI , I 00.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
MAYOR BURNS TRAVEL EXPENSES CONCERNING BIS TRIP TO WASHINGTON, D.C.
PENDING THE SUBMISSION or BIS TOTAL EXPENSES.
Ayes : Council Mcmbcn Halhaway, Vormittag. Wiggins, Habcnicbt,
Wagoner, Clapp, Bums
Nays : None
Tbc motion carried.
2 . Council Member HllllaMy said sbe appreciated Mayor Burns COllllllCIICs on the redcvclopmcnt of
Cmdcldla City, however sbe fdt Coullcil .madc a commitment at lut Monday night's meeting to take a
ror-1 vote on the recommcndalion to allow Skip Miller to proceed.
COUNCll.. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO TAKE A
FORMAL VOTE ON THE RECOMMENDATION TO ALLOW SKIP MD..LER TO PROCEED
WITH HIS CONCEPT.
Council Member Wagoner said that he is not at all ready to go with the conocpt. although he is ready to
go with the developer. He rccollcctod thal the Citi7.cns' Advisory Committee was unanimous in cbooling
him as the developer, but he feels the project and the area dclcrve a lot more imagination and excitement
in the development and a more innovative approach . Mr. Wagoner said he does not think the cooccpt
fits, nor is it what the citizens want. He said if we go with the cooccpt u propoaed, with nothing but big
boxes, we have stripped the idea that we ought to go with whit the City needs u far u shopping and will
have wasted the time of a lot of our citi7.cns thal appeared at those meetings to voice their opinion. He
said he would have to vote against the concept .
Council Member Clapp stated that she does not feel the developer has made bis cooccpt clear. She said if
ii is four stores and whit we have been presented. sbe can no( suppon that . She said the clevdopcr 1CC111S
very inflexible. Whal she had wanted 10 go forward with, u far u conc:ept. was the mail entertainment
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type of plan, not necessarily what be envisions big box to be. She asked for further definition of the
developer's concept of big box.
Council Member Habenicht questioned the wisdom of this vote. She expressed concern that tbcrc are a lot
of citizens who are interested in this matter, and said that. to take a vote that significant bucd on
something that wasn't published or on any agenda. docs not make any sense to her. She said the public
should have had an opportunity to recognize that a vote was going to be taken and she feels very
uncomfonable taking a vote at all.
Council Member Clapp felt that what we are doing is responding to the citizens at this point, and are
clearly not trying to leave anyone out. Sbc said we are questioning where wc are going with this and the
concept. She felt those were the concerns that were voiced.
Council Member Hathaway said that she is, indeed, responding to the citizens. She said Council has been
lobbied extremely heavily on both sides of this issue. She said wc need to Cllablisb wbetber wc are in
suppon of the concept of retail cntcrtainmcnt, or the big box cooccpt. Ms. Hathaway said Council needs
to establish either that wc have IOIIIC confidcncc that Skip Miller can deliver IOIIICthing on this propcny,
or that we have no confidence that Skip Miller can deliver anything that this community wants. She said
we owe that to Skip Miller and to the community. She stressed that is what she is asking for the vote on.
She asked why, if there isn't any confidcncc. wc are prooccding to negotiate on the developer's
agreement? Also, Ms . Hathaway said that. when we did the original public meetings with Klipp, Colussy,
DuBois and Jenks, they were, indeed, one of the bidders on this project. Their concept, she pointed out.
was big box, also. Although she fdl one of the bidders bad ofl'crcd an artisan• s colony concept, she said
the other eleven were all big box concepts. Ms . Hathaway said wc all have different ideas of what big box
can mean, and she feels big box is WORBble and can be made unique.
Council Member Vormiuag said be baliadly agn,cs with Council Member Hathaway and would like a
vote 10 that WC can 10C whal the blue prinls will look like from Skip Miller. He said be am)' not appl'O\'C
of them at that lime, bul wanll to be clear tbal be has a shot al it. Mr. Vormiuag said tbal whal they bad
1CC11 lall week was not Id in llOac, it -jull a a.:ept. He pointed out that wc don't even kmw whal
stora be is going to ~-
Council Member Clapp said she really docla ·1 care whal bis leallll mix is or what be pnlpOICI to bri.Dg in.
She cxprcaa C011CiCn1 for lbe ovaall layaul and plaa. saying dial she would like to 10C that lint. She
said if WC can 'I a,rec OIi a layaul and plan. lllcrc is IIO poilll ill llaving Mr. Miller IO out and -whal
busi-be can allnlel.
Council Member Habenicht said she thinks tbcrc is 10 mucll confusion C\'Cl)'Wherc bccaule of lbe
diffcn:llcc bdwccn lbe definition of a coacqll and a plan. She rcitentied tbal ii would not be an
approprialc VOie and she is not even 11ft what they are voting for. Ms. Habenicht opined that Council has
a rapomibility to listm to lbe public and asked ifwc are berc to advocale for lbe dcwloper's desire. or for
what nccdl to be clarifiod before pn,c:ealillg .
Council Member Hathaway said 1be question is Council 's coafidcncc 1ne1 with Skip Miller. She
reminded Council that Mr . Miller RqllCIICd last Monday night either direction to pn,cccd or not to
proceed. She said that. if Council docs not want to prooccd with Skip Miller, they need to say that now .
Responding to Mayor Bums' rcqUCll for clarificalion a to what lbe motion was, Council Member
Hathaway litalcd it is wbctbcr Mr. Miller should prooccd along with what be has lllbmiued • a coacqll .
She said that is what she beard lall week and that wc blsically gave him a COIIIC8II vote OIi tbal.
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Mayor Bums said his recollection was that we told him that we would proceed to further negoliale the
contracts with F.quitable and Mr. Miller on this project . Also, be undcnlood that they were ubd wbclher
they wanted to hold up the project at this point for a cultural center. He said be didn't know we were
going to take a vocc this evening and doesn't belic\'C that was dillCIIIICd last Monday and would like to
haw known that this was going to come up tonight.
Council Member Hathaway said if Council would like her to withdraw the molion, that is not a problem.
but what she was trying to express was that we should 11art biting the bullet and making some
commitn-as to the dewloper, CM:D if it is OD nothing more than a vocc of confidaK:e for Mr. Miller to
proceed with the contract u they sec it. She U&CrtCld that we need to at leall eslablish where we • going
right now .
Council Member Wagoner said be does not disagJee with that, but does not feel that now is the time to
vocc OD a CiODCCpt or to proceed. He agRICd that they should haw 10111e good. bard discussions, u Ms.
Hathaway mgesaed. He said Mr. Miller bu heard the same ciliz.cns that Council bu and, hued upon
what be bu heard so far, Mr. Waggoner said be is not willing to go with the paent concept.
Mr. Vormittag said it might be a,mpletdy different after what Mr. Miller heard last week, we don't know.
Mayor Bums agRICd with Council Manber Habcnicht's CXlllllllelltS.
Council Meanber Hathaway said she would withdraw the mouon. but that her intention was jllll to
ddcnninc if a commitment was made to Mr. Miller last Melt to proceed and to formalil.C that
commitment.
Mayor Bums recalled that Council pw Mr. Miller the -that be should proceed with his ncgotialions
OD the COlllnCII, and that Council wauld do die same. He llid be WII not 11ft tbal they -trying to put
a ump on a big box plan or a dmriag dlll they bad in &oal of them. He leilerlled dllll be apes with
Council Member Hamaidll tbal they mould aa1 take a wee this C\'Clliag 1h11 will !oak like they •
aca:pCiDg a CiODCCpt tbal they llill luM a lot of quelliolll ..._
Council Member Hadlaway alked City Attorney BW if it is appn,prialc to take a WT w YOtc to
proceed with tbelc aJllnCII. bcc:aa that would mallc it -formal . Mr. 8--llid it -..
neceaary, but they could do it if they waat. Ms. Hadlaway llid Ille waaled to aakc an dley WCR aa1
going to acw any ocgolillions 1h11 were going on willa Mr. Miller.
Mayor Bums llid die idea last Monday was 1h11 we -allllllly prormdillc ID Cllllllpllle ..--of
the contracts. the queslion was more of wbetber we .._.. llap. He fdt they llad illdicaled to Mr. Miller
tbal the pnx:as wauld CIOllli-. but it does not -c.a.cil -acccptilta exacdy .... lie -
pnlpOling II the time .
Council Member Hadlaway llid. bad wUled to mallc it clear tbal die~ tbal -made in
an informal ICllioll -. indeed, llill the commitmeals in a formal ICllioll sucb • this CWDiag. SIie llid
then: seems to be some commea11 by the public that Council tallll to mallc 10111C decisiolll in Study
Sessions that -not formal .
(ii) Council Manber Wiggim
I. He expreaed gra&itudc tbal Council Bill No . 10. i1Mllving OuhiDg traffic 1ipa1a, was appnMCL
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2. He thanked Mayor Bums for his untiring cffons regarding light rail, stating that be did a
wonderful job.
(iii) Council Member Clapp
l . She expn:ucd a,oc:em about ---liceasing and would like to aa with City Manqer
Clark this week on the maner.
2 . She said Carlene Walkr made a lllalanellt al the 1811 day labor llUdy meeting that she paid $5()0
for poli(le reports. Council Member Clapp said she would like to"-if that is tnac .
3. She said she would like to take a look al the tcmporUy labor ordinance and find out what
a,mpanblc liceming fees would be in other cities.
4. Sbe ukcd for a packet providing figures for the Cinderella City ~t which the
clcvclopcn bad given to Council and llafl'.
(iv) Council Member Habenicht
l . She thanked Ma)'ol' Buras for his dl'ol1S reprdiag ligbl rail and exlellded official thinks from
the City to the tri-ciliel group or Eaglewood. Lildetoa and SbcridaD who al11> worked bani on this c:ll'on,
u well u Eqlewood Focusing on Tomorrow (EFOT), the RTD Boud, eapeciaUy our repraenblliva Bob
Toasing and F.clie Blyant, our State~ Wayne Knox and Sealtor Tom Blickcllldafcr, the
entire Colonldo cldcption and eapeciaUy Rcpreleatative Dan Scbader. She said Mr. Blick.elllderfer Im
taken a lot of time away from his OWD _.. to ID and lallby vi,orously, eloquendy and IUCCClll'ully.
2. She commealed thll Council 1111 nmwd Idlers iDdividllally repntiDc die Cilldelella City
caagept w1 thll she feels this is die 1111111 important clecisioa 1h11 Council will be womaa. for die
COlllfflUl'ity a ycan to -· She llid • will be ialpor1a.-to iadlldc ill 111c __. 111 or die ,,
thll people Calle Ciac to .... .. SIie ...... dlll lcaen fnlm Dollald Mlnllall, a-,, LaPana, Geaqe
ADea w1 SllaroD 0--ad be placed with tbc __.or--··,,...,.....
3. She lad a quote from an aniclc entitled "Big Box • Time to 8* for Pclformwe 8-11" ha
die Nptjgpf' Citil Woab' iwe or 1-,y 15. 1996. h ia11 "ID its 1erm1 year1y .......,or ......
trelldl. tbc pmtigious New Yen llUcd Equitablc Real Ew ........... Firm RPJ111111 dlll 'die Ilia
box ilrmlls have clclrty peaud.' A dog CII dog cavinJmmal U110D1 IUdl .......... said Equillblc. ii
apecially dan,crous bcclulc the llllion is already heavily CMnUpplicd with mail outlds."
Council Manbcr Wiggins uked if that is the same Equitable that CIWllS Cindermlk. Council Mcmbcr
Hathaway l'ClpOlldcd that ii is.
13 . City M .... r'1 ......
(a) City Manqer Clark rocommended 11111 Council ID iDlo Ewudvc Seaioa immc,lillely
following die regular -. to dilCIIII a real atatc maaer umelaled to Cilldelella City.
(b) City Manqer Clark llid be would lillc to ID allclllll with tbc Ddy .._ thll -
lelltalivdy IChcdulcd for Monday night . He said be would lac COlllilMled cl,;-=-ioD orCilldelella City,
and llid, allo, that be would lillc to invite our Stale~ wt Stale Se.-. b a llllllt ~ to
clilam pending legislation .
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Englewood City CGuncil
Much 18, 1996
Page 16
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COUNCR. IDIDll:R HATHAWAY MOVll:D, AND IT WAS 511:CONDED, TO GO INTO
ltUCU11Vlt SESSION JOU.OWING 'l1U RltGULAll SltSSION TO DISCUU A UAL
ESTATltMATnR.
Ayes:
14. City AaaneJ'• .....
Coaacil Mcmben Hadlaway, Vormittag. Wiggins. Habenicbt. w...,..., Clapp. Bums
Nolle
(a) City Aaoraey Brotzman c1i1CU8m two letdement propcmls, the fint for South
Anpuoe Saailalioe Dillrict ilMllviDg impapcr ma:bank:a lieal tbll bad bcea p1acec1 oa 111e pnipaty m
laidenls in this dilUic:t.
(b) Tbe IIOCOlld ...,....._ pnipcml pcr1aias IO Souda Eoglewood Saailalioa DilUicl. He
aid it ii. S700 maaer wllele tbey witlllleld ..... 6-their ICIVice ........ to .. by defaalt. Mr.
Brotzmu mc:munended ...,....._ mbodl c:aa.
COUNCR. IDIDU HATHAWAY MOVll:D, AND IT WAS SltCONDltD, TO ACCEPT 'l1U
511:Tl'LDUNT AGRDIDNTS AS 5nCIJllltD aY 'l1U CITY A1TOIUUY IN AGll:NDA
ITltMS 14 (a) AND (').
Ayes :
Nays:
Tbe motioa carried.
15 . A,Ja..--
Coaacil Mcmben llldulway, Vonaiaag. Wiggins. lflllClliclll,
Waa-r. Clapp, Bums
Nolle
Tbe ........................ ,:Olp.a
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MARCH 18, 1998
7:30P.M.
1 • Call to order. 'l: 31 pm.
2. Invocation. a.}1'/VltO
3. Pledge of Allegiance. ,.f tiN'Jt<J
4. Roll Call. 1 ~
6.
8.
7.
Minutes.
a. Minutes from the Regular City Councl MNting of Mardi 4, 1898. !I~
Scheduled Visitors. (Pleue limit your pr111ntation to ta, minulN.)
a. Laurie McGN, a Denver reeldent, wil be In atlaldaiioe to ~ Council
with some Cinderella City rN9V9lopment idNa. -f ~ ,:fl!'/.,k
~eduled Visitor,. (Pleaae limi:!,ou~ to ~J
8.
~:~ ~ HoAr>a• ~
Commu~~ Proclamat~~~ntmenta. ..,_ /
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9. Public Hearing.
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Oty Council Apncla
Mardi 11, 1996
Pap2
10. Consent Agenda .
. , a. Approve on First Reading.¢>
·-111 fin~
/~ 1,0 b. Approve on Second Reading. 1 ,------/
{)J.',i<J i. Council Bill No. 2, establishing a Capital Projects Fund to track the
progress and funding of capital projects.
Council Bill No. 7, approving an Intergovernmental Agreement for
participation in the South Platte -wild and Scenic River Review
Project.•
11 . Ordinances, Resolutions, and Motions.
a. Approve on First Reading.
Recommendation from the Department of Financial Services to adopt
a resolution transferring and appropriating funds for capital projects
identified in the Five Year Capital Plan . STAFF SOURCE: Frank
Gryglewicz, Director of Financial 8r..-tc:ea. !J.J'f f V16a
ii. Recommendation from the Littleton/Englewood Wastewater Tl'Ntment
Plant Supervisory Committee to adopt a bill for en ordinance
approving the ·SettJiment Agreement and Stipulated Order for effluent
limitation violationa,!~~-.~TAFF SOURCE: Stewart Fonda,
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UtllltiN Director. N~7 1~0 iii. Recommendation from the Utilities Department to adopt a_.. far•· ,f~~ t ,/J) Qrdin II approving an incrNaa in water rates to fund improvements
fl-"'. If"' at the Allen Filt~r ~ant. STAFF SOURCE: Stewart Fonda, Ut11t1n
frJIU
1
,0 Director. {L)i!VftA
• . Approve on Second Reading.//~ 1b ; .. ;, ---. -I / o· .D . i, 10 i. Council Bill No. 8, approving changes to the Englewood Municipal
lfl1 Code relative to miscellaneous water Hrvice fees.
oJ·t ll ii.
Council Bill No. 10, establishing criteria for implementing Flashing
Traffic Lights.
Plwe nolr. If yau haw a dlul,lllty and 111111 amUary ... or ........... IIGtlfy .. 0, of ........ (7'2•U11t 11
INlt 41 hours In advance of when_... .. Mlllld. n..k you.
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Oty Council Apncla
March 11, 1996
Pap3
12. General Discussion.
Maliaa1o....-11urm· .........
a. Mayor's Choice. loW ........ D.C.reliplnil HA111AWAY7 ..
b . Council Members' Choice.
.................. _ ............... Skip
Millor ........... will, ....... Ciadonlla Cily
..... I g HA111AWAY
(Hall,nay:..wi!liMw-.)
13. City Manager's Report.
a. Recommendation to go into Executive Session immediately following the
regular City Council meeting to discuss a real estate matter •
14. City Attorney's Report.
a. Settlement with South Arapahoe Sanitation District.
b. Settlement with South Englewood Sanitation District.
Adjournment. t:/.'t>~ p-n,,
....................... ........,.
............ c... ......... .._
---· HA111AWAY7 .. .................... ..,_.
HA111AWAY7 ..
The following minutes were transmitted to Council from 02/29118 to 03/14/18:
• Englewood Parks end Recreation Commiuion fflNtitig of February 8, 1999
• Englewood Planning and Zoning Commiaion meetilig of February 6, 1999
• Englewood Uquor LioeMing Authority meeting of March 8, 1999
• Englewood Housing Authority fflNting o( .lanusy 31, 1996
• Englewood Housing Authority annual fflNtilig of Jerwy 31, 1998
• Englewood Public Ubrary Board meetilig of February 13, 1996
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9.
Call to order.
Invocation.
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AGENDA FOR THE
REGULAR MEETING OF
(•
THE ENGLEWOOD CITY COUNCIL
MARCH 18, 1996
7:30P.M.
'l:31 pm.
tUf!VA,O
Pledge of Allegiance . ../{J,NJf,,(J
Roll Call. 1~
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Minutes.
a. Minutes from the Regular City Councl M .. ting of March 4, 1996. !I~
Scheduled Visitors. (PINN limit your pr-lblticNI to t9l'I fflinutN.)
•• Laurie McGee, • Denver rNident, wll be In ..., .... to ~ Council
with some Cinderella City redevelopment idNa. + ~~IA.b,
Public Hearing.
;7'
Plwe nole: If you have• dlubllity and MIii aadlary aldl or---. ..... ....,, .. Clly el lllal1wood (762-2379.> II
lealt 41 houn In advance of when..,.. ......... n..k,-.
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City Council ...
March 11, 1996 ,.2
10. Consent Agenda.
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, .f ii •· App,ova on f;,st Rodmg. ft>, l~
/~ 1,0 b. Approve on Second Anding. {1(1) . _ _ /
()J.1'1, i. Council Bill No. 2, establishing• Capital Projects Fund to track the
progre11 and funding of capital projects.
Council Bill No. 7, approving an Intergovernmental AgrNffl9nt for
participation in the South Platte -wild and Scenic River Review
Project.•
11 . Ordinances, Resolutions, and Motions.
a. Approve on First Reading .
Recommendation from the Department of Financial Services to adopt
a resolution transferring and appropriating funds for capital pro;ectl
identified in the Five Yur Capital Plan. STAFF SOURCE: Frri
Gryglewlcz, Director of ,.__.. a...-..,... ll..J'f fV/60
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ii . Recommendation from the Uttleton/Englewood Wutewater Treatment
Plant Supervisory CommittN to adopt a bil for an ordinance
approving the ·Settlement Agreement and Stipulated Order for effluent
limitation violations,a,t:Snt. lTAFF SOURCE: Stewart Fonda,
UtllltiN Director. /{4
1,0 iii. Recommendation from the Uti Department to adopt aM fer., ,f..J,~ t ,/.J) QJdinn II approving an lncrNN in water rates to fund Improvements D _ "'· 'I"' at the Allen Filter Plant. STAFF SOURCE: Stewart Fonda, UtlltlN ~ 1 ,() Director. {U'i'/tALO
opr"'b~ Approve on Second RMding.~
i. Council Bill No . 8, approving dwlgel to the Englewood Municipal
Code relative to miscellaneous water aerYice fees.
t1b • .,..;i oJ ·''o
oJ·/., ll ii.
Council Bill No . 10, establishing criteria for implementing Flashing
Traffic Lights .
Plwe note: "you haw. dhlblHty wl .... ....., ............ ...,, .. Clly ........ C7'2-ZS711 al
INII 41 '-s In advance of when Nl'Vices .. ....._ n.. ,eu.
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Oty Council Apncla
Mardi 11, 1996
Pap3
12. General Discussion .
a. Mayor's Choice .
·,
b. Council Members' Choice.
13. City Manager's Report.
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IDW ........ D.C.N ... n,il HATHAWAY7.0 .................. __ ............ ...
.... ................ cw.wlaCily
•• I I HATHAWAY
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a. Recommendation to go into Executive Seaion immediately folowing the
regular City Council meeting to di8Clm a ,... Ntate matter .
14. City Attorney's Report.
a. Settlement with South Arapahoe Sanitation District.
b. Settlement with South Englewood Sanitation District.
Adjournment. 1.'t><ljj fr'"?
............. l!aaiw ..... ........iy .......... c.-.;:_... .. .... .., ___ HATHAWAY7.0 .............. ...,_.-.
HATHAWAY7.0
The following minutes were transmitted to Council from 02/28/98 to 03/14/88:
• Englewood Parks and RecrNtion Commiuion meeting of February 8, 1896
• Englewood Planning and Zoning Commission meeting of February 8, 1888
• Englewood Liquor Uoenling Authority meeting of March 8, 1888
• Englewood Housing Authority fflNting o( January 31, 1888
• Englewood Housing Authority annual meeting of ~ 31, 1898
• Englewood Public Ubrary Board fflNting of February 13, 1888
....... nolr. If you Mft I dialllly wl ...... ...uilry ailk • .......... llllllfy .. Clly of Eiw1...a (762°2370) ll
..... 41 hol..111 advance of when_._ .. ......_ n.. you.
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ENGLEWOOD CITY COUNCll.
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Mardl4.I"'
I . Call to Order
The regular meeting of the Englewood City Council -called to order by Mayor Burm It 7 :31 p.m.
2. ----
The UMICalioll WU given by Cmncil Member Wigins.
3. l'ledae fl AllqlMce ·
The Plodge of Allegiance wu lod by Girl Scout Troop 1908.
Mayor Bums. OIi bebalf of Cauncil. tblllked the Girl Scouts.
4. RollCall
Praeal:
Abmlt:
A quorum WU present.
Coullcil Mmba'l lllllllway, aw. w--. rr, ·rte, Vonaiaaa.w.....-.a.a.
None
Allo praent: City M....-Clark
City Aaaney ..._
5 ......
__. IDdle City ....... Olace
City an Ellil
Dir.-8-ly, Nllic Worb
Dir.-,.... Ulililiel
M....-".•w ....... Bock, Ulililia
Dir.-0.,alna. ,. .... s.vm
(a) COUNCD. IIDDD IIA11L\WAY MOVED, AND IT WAS RCONDll:D, TO
APPROVE THE IIIN11TU OF TD ltlGUIAll llU11NG OF RaRUAllY 21, 1"6.
Molioa curied.
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7.
A,a: c:o..:il ....._. lfllllllway, V ........ w--.1 ........ w.,...,aw.a.r.
Nays : None
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Mardi,, 1'96
Paae2
There were DO ooo-scbeduled visitors.
B.
9. hblic Bearill1
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(a) COUNCU. MEMBER BATIIAWAY MOVED, AND ff WAS SECONDED, TO
OPEN THE PUBLIC BEARING TO RECEIVE CITll.EN INPUT ON FLASHING TRAfflC
LIGHT CRffl.RIA.
Aya: C.ouncil Members Hadlnay, Vormiaq. Wigins. Habenicht.
Waguacr, Clapp, Buns
Nays : None
MOlion carriod and tbc public bearing opened.
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Director Eltcrly. duly sworn. pn,vidcd proof of Noci<:e of Public Hearing. wbicb -publisbed iD tbc
Englewood Herald on Februuy B, 1996. He adYilCld dial C.ouncil bad RqllClllld adoption of criteria
a,ncemiDg Ouhing lipll and tbc City Charter pnMdes for IUCll a cbanF, but it requira an ordinance of
tbc City C.ouncil and leadiq up to dial we baYe die public bearing this ewaing. He noted tbat
information handouts, wbicb were iD C.ouncil'1 pacteu. are available for anyone iD tbc audience who ii
intcratcd. Mr. Eltcrly explained thal C.ouncil bas requated cllaqes iD two difl'crent ueu. Tbat Council
ii wantiD& to implement a main 11n1e1 bi~ tndlk: wlume oflea than 360 vebiclel an hour,
wbicb ii difl'CRDt from wbat llaff' .--, dM of 200 wlliclel per bour over a three hour period. And
on tbc minor llnet tbat tbc thne hour bi~ lndlic uw an aven,e tndlk: wlume of 90 Yehicles
per hour, as oppoNd to tbc 50 Yehicles per bour 11111 w NC a H by llaff'. He adviaed dial tbat ii
tbc IUllllance of tbc cllaqes tbat are beill& camidnd dlil---,. He aid lie w not mre if tbeR ii
any need for any ftudler dilCmliaa OB dlil W, bal lie 'WOllld lie &lad to WWCI' any quadcm.
Council Member Waguacr quellioDlld wlly Part A. VOLUME auTl!lllA. -1. Mlia 11re1t bi-clincliaul
traffic wiuaK lea than 100 VPH for at ... three~..._. Ina 9:00 p.m. IO 1:00 Lm.", OB tbc
applicalion., Im DOI been taitell out. DilQllllioa _. aad, llfts lffllWilll die ........ onliaua and
llffac:bmcnts, DiNC:tor Eltcrly advilld dial 'WOllld Ill aDOlber cllaap dlll die onliaua ilaelf'WOllld
implePM He IIOfed tbc CWllplc is iaconec:t. bal die onli...a will cllaap dial. ID ..,_ IO C.ouncil
Member Waguacr, Dinc:tar Eltcrly-6rmllll dlat, ader Part A. VOLUME CIUTl!IUA. ii will eidler Ill
one or two and thne.
Tbcre llling DO ftudler qllelliom and. as tbeR -DO one praeal to ... IO die ~ Mayor Burns
ubd for a mOlion to c:lole tbc public llearilla-
COUNCU. MEMBER WIGGINS MOVED, AND ff WAS Sl:CONDU, TO CLOSE TIIE PUaUC
BEARING REGARDING THE FLASHING TRAfflC UGBT CaJnm.\.
Aya: C.ouncil Members Ha&bnay, Vomlaaa, W--. lfllleaicbt.
Waguacr, Clapp, Bums
Nays : None
Motion carriod and tbc public bearing c:loa.
10 . C...Aae-a
(a) Approve OB finl readina-
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Ea&Sewood City c..dl
Mardi,, 1996
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COUNCIL MEMBER WAGGONER REMOVED ALL AGENDA ITEMS ON J'IRST READING
FROM THE CONSENT AGENDA.
(i) Direclor Fonda praeated a ,eonmmcndation fnlm die Utilities Deputmeat to
adopt a reaollllion appn,viDg a S75 .00 fee for lllarillp before die EDglcwood Waler and Sewer 8-d. He
adviled that die Water and Sewer Board ncxJIIMDends dial M impolC a S75.00 ldmillilUalive review and
appeal fee. He cxplaiDcd .... if lie .... decilioD and -.... wida it dl&y would U\'I: die
right 10 appeal 10 die WIier and Sewer Bani. He aid ftll die Waler ad Sewer Boanl ii _,.. in die
propoa reaolulioa is tbll, if dley bold• llcarin& and die applicalll dca -,-ail. ..... dley would
c:llarJe a S75 .00 fee . If die applicllll pmus. or if lie prevails cm appal. dleD lie would aot llc clll1pd I
fee .
Council Member Hallcaic:bl uked bow often, -die pall fiw years, dlere U\'I: .... appeals? Mr.
Fonda lilaled maybe OIIC I year.
Mayor Bums uked if they are requesling die rec to_. COIU. Direclor Fonda llalod that it is to cover
COit and noted that, in die lul eighteen years. NV applicams have pm,ailed. He llid die Boanl felt this
would be I clclermlt to long and windy appeals. He com!MDled dial ii allo takes up I lot al ltafrtime.
Council Member Habenicht lilaled she is not IWC dial she rec:alls die dilCUllion II die Water and Sewer
Board meeting back in October. SIie noted that 6am time IO time lbe kDOM dlere bas been I citi7.en that
bas I c:oncern and they MR encounpd to -before die Board IO just -and visit with them.
Director Fonda staled it does not _. that. He explained this would be an inltancc wbeR lie aid they
have to install a meter or their paymelll is this much or they have .._ deliaqueat this long and U\'I: not
paid, and they want to cblllcngc bis ruling. Council Member Habenidll llid die only ,-sbe brought
this up is because she bas rdt it bas always been I wry politM tbiq that ewry 011C1C in a wbi1e 101D0011e
a,mes before die Water and Sewer Board and dley UIUllly walk IWI)' fecliDa pnay good, but if dley bad
to pay S75 .00 to come before die Boanl they would DOI be feelina p,d any more. Direclor Faada
confirmed that this is only wbele lie 1111 naled .... them and dley Wlm ID ID over bis 1111d ID die
Water and Sewer Board and ifdley lme they can still appeal to Dillricl CGurt. lftbey 1me in Di1tric:t
Coun ii is over, if Ibey win dley would pay DO fee . AIIO, if die Boanl nales in mar of die applic:aDt then
111ey would pay DO rec .
Council Member Wagoner uked it: lll)"WbeR in die nalel and ftlPIMioN, dlere ii a definition al
indigent, u it 11ys die fee will be waived if die Board na1e1 in mar of die applicant or if die applicant is
proven to be indigeaL Diledor Fonda lapoaded dial dley have gcaaally IIIIIC ID allier lgcacies in die
City and used their definitions . He ldvi..s tbal it would be 10m11D11e wllo ii tnlly Ulllblc 10 pay became
dley are on some otllcr r-al relief and• would recopizc any of diem. Mr. Wqpaer uked if•
sbou1d UIClCllpOllle tbat into die pn,poaed reaolu&ion . City Aaonley BnllZman adviled dial M do DOI need
to became die llOlllt llaDdlnl is DOI .. out in -code eidler, but it ii die -accepced llaDdanl.
Council Member Wagoaer poialed out tbal Finance bu some defiaidw dley w for iDdigcal u far u
nfund oa some tbinp. Mr. Bw ..... dial paramedics do oe ambl•Jence bills. He llid dial ii
ping to be I decisioa for die Board illelf. Mr. Wqpaer quellioned wllclMr M are COlllillcal
tbroupout die City oa tbat deftnition . City Aacncy Bw llid die City is wry mmi.....,., and •
UIUllly bend over bllcbards for people oa iDdi,eacy .
Tbe resolution \\'IS assigned a DUlllber and lad by tide :
RESOLUTION NO . 31 , SERIES OF 1996
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Ea&lewood City Council
Man:~ 4, 1996
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COUNCll.. MEMBER WAGGONER REMOVED ALL AGENDA ITEMS ON FIRST READING
FROM THE CONSENT AGENDA.
(i) Director Fonda presented • recommendation from the Ulilities Depu1ment to
adopt• raolutioo approving• S7S.OO fee for bearings before the Englewood Wata ud ~ Board. He
advised that the Water and Se\lU Board recommends that we impoae a $7S .OO admiDisualive review and
appeal fee . He explained that ifbe made• decision and IOllleOllC disqrees with ii they would have the
right to appeal to the WIier and Se\lU Boud. He said what the Wata and Se\lU Boud is aying in the
proposed raolution is that, if they bold a bearing and the applicant cloes DO( prevail, then they 1WOU!d
charge a S7S .OO fee . If the applicant pRYails, or if be prevails oo appeal, then be would DO( be charged a
fee .
Counc:il Meinber Habenicht asked bow often, over the pul five years, there have been appeals? Mr.
Fooda stated maybe one a year .
Mayor Bums asked if they are requesting the fee to cover alltS. Director Fonda staled that it is to QOVCr
cost and noted that, in the last eighteen years, two applicants have prevailed. He said the Boud felt this
1WOU!d be a deterrent to long and windy appeals. He commented that it also takes up a lot of statr time .
Counc:il Member Habenicht stated she is DO( sure that she recalls the discussioo II the Water and Se\lU
Boud meeting back in October. Sbe noted that from time to time she knows there bas been a citizen that
bas a a>Dc:em and they were encouraged to cx,me before the Board to just a,me and visit with them .
Director Fonda staled it does DO( cowr that. He explained this 1WOUld be an inltance wbcre be said they
have to install a meter or their payment is this much or they have been delincp.imt this long and have DO(
paid, and they want to cballenge bis ruling. Counc:il Member Habenicbl said the only RMOD she brought
this up is became she bas fdt it bas always been a w,y positive thing that IMI)' OIK1C in a while someone
comes before the Water and ~ Boud ud they -11y walk away feeling pmty pod. bul if they bad
to pay $7S .OO to come before the Baud they would DOI be feeling pod any -· DilllCIOr Foada
amfinned that this is only where lie 1111 ruled apinll them and they want to go over bis 1118d to the
Water and~ Baud and if they lole they c:an still apprat to District Coun . If they lole ia Dillrict
Court it is over, if they win they would pay IIO fee . Also, if the Baud rules in fawr al the applicul then
they would pay IIO fee .
Counc:i1 Member Waggoaer uked if, anywhere in the rules and regulations. there is a defiaitioa al
indigent, • it says the fee will be waived if the Baud rules in fawr al the applicaal or if die applicul is
proven to be indigent. Director Foada ,apoadcd that they have generally goae to adler aee-:ia ia Ille
City and used their definitions. He ldvilDII that it would be 10ii1eOi1e no ii tnily U111b1e to pay'*-
they are oo some other form of relief and -would ra:iopiz.c any al them . Mr. W...-, uked if we
should incoiporale that into the propoNd raolutioa. City Aaonley e.-adviad .... -do ilOI ....
to became the aiurt IWldard is DO( Id out in our mdc either, bul it is the -aa:epllld lla8llanl
Council Member Waggoner pointed out that Finance 1111-dr:ftnitiolll tllcy -for iadi .. • fu a
rdimd oo some dungs. Mr . BW Uled lbal panmedics do oo .,..,..,.nee bills. He said tllal is
going to be a decision for the Board itldf. Mr. Waggoaer quatiODed wllelber -are COlllilleDI
throughout the City oo that definition. City Aaonley Bi'OIZIIIIII said Ille City ii w,y couilleDI, ud we
usually bend over backwards for people on indi~.
The 1CSOlution was assigned a number and .ad by tide:
RESOL\TTION NO . 38 , SERIES OF 1996
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Eaakwood City CouacU
Mardi 4, 1996
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A RESOLtmON ESTABLISHING FEES FOR HEARINGS BEFORE nm WA'IER AND SEWER
BOARD FOR nm CITY OF ENGLEWOOD, COLORADO.
COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 10 (a) (I)· RESOLUTION NO. JI, SERIES or 1"6, ON FIRST READING.
Motion c:arried.
Ayes : Council Members Halhaway, Vormittag. Wigins, Habenicbt,
Waggoner, Clapp, Bums
Nays : None
(ii) Direclor Fonda praented I rec:ommeodatioo from the Utilities Deputment to
adopt a bill for an ordinance approving an lnlerpcramcntal Agreement for participation in the South
Platte "Wild and Scenic RMr Review Project.· He advilcd that the Forest Service bu made I proposal
that large sections or the South Platte RMr be ckdaRd "Wild and Scenic:.• He noted M do not know
what this means, although following what they do, through all of their bearings and so fonh, would be
illCffilibly time consuming. Mr. Fonda staled that they do no1 feel it means much to Englewood, but they
want 10 follow it 10 find OUl if it does. He said tbcn: are a group of WIier entities, who have very similar
conc:ierns, that are far DIOR coac:emed than M are. He noted they bave formed a Cllllition so that one
attorney would represeot the cntin: group and then M would get fedlaclt through that group. Director
Fonda advilcd that our sbaR would be about $3,000, and that we would be splitting one of their
participant shares with Centennial WIier and Sanitation District. For that M CID go to any or their
meetings, we CID recci\'C all or their material and U they go through what will probably tum out 10 be I
very long and laborious proclCdure. Mr. Fonda Slated that bis ~ opinion, after reading a lllllllbcr of
the write-ups on it, is that IIIOlt or that is DOI legitimately "Wild and Scenic:•, it bu all been dammed up
already and that already contndicts the spirit of the thing, which WU meant for mas lib the Salmon
River in Idaho. He said that bu been pointed out already by a IUIIDbcr or the agencies and at this point
they are jllll going 10 go through the process . Director Fonda advilcd that this allows us, in a very
inexpensi\'C way, 10 have input or jusl monitor it Mayor Burns llid then Mare DOt designating
anything, we are jllll monitoring this study, this process. Mr. Fonda rapollded allirmalMly ad advilcd
that we could have an input if we form an opinion on anything they do, but M will have to wait and -
what tbey aime up with .
Council Member Waggoner staled that if any part or the South Platte RMr is designated "Wild and
Scenic" it is going to stop any kind or wa1er intake structures. dams or any ~tor any part or that
ri\'Cr . He said even if Director Fonda was intcrated in providing a clMrsion stnactuR on a part or the
river that would be designated "Wild and Scenic:", be would DOt be able to do IO al all . Mr. Waggoner
pointed out that that actually freu.es that section or the ri\'Cr, then: is no devdopment wua-, other
than the "Wild and Scenic• ponjoa or it. Direclor Fonda c:oncumd. Mayor Bums COIIUDellted that that is
why it is important to participate in monitoring this. Mr. Fonda agreed, stating that in looking out to the
future we do DOI -that we need 10 be tbcn:, but on the other band it could be a handicap aneday if we
ever wanted 10 and it was designated without good reason.
Council Member Vorrnittag asked when: this would be on a map, and ifit would be the MIOle South
Platte Ri\'Cr . Director Fonda staled it is DOI the whole South Platte Rnu. Mr. Vormittag med when: it
would start and when: it would end. Mr. Fonda advilcd that if you 10 up to Twin Forb it would be a
large part of the North Fork or the South Platte RMr u it 10C1 from TM Forb to approximalcly Bailey .
There are also a whole bunch or intermittent IOCtions --Two Forb up to Antcro Reaervoir in South
Park. He stated it is jllll a huge portion of that river and pioca would be claipatcd "Wild and Scenic."
Council Member Waggoner noted that includes that part where Two Forb is goina 10 be COllllnlClcd .
Director Fonda Slated yes, that that bu caught the at1eDtion or a aumber or entities.
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Ea&lewood City Council
Marci! 4, 1996
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The Clerk was asked to read the council bill by title:
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COUNCll. Bll.L NO. 7, INTRODUCED BY COUNCll. MEMBER HABENICHT
A Bll.L FOR AN ORDINANCE A1JIHORIZING AN INTERGOVERNMENTAL AGREEMENI'
EN'JTI1..ED MSO\TTH PLATIE WllD AND SCENIC RIVER REVIEW PROJECT PARTICIPATION
AGREEMENT ."
COUNCO.. MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 10 (a) (ii) -COUNCO.. BW. NO. 7 ON FIRST READING.
Council Member Waggoner stated he was reading City Attorney BW 's comD!CDIS OD tbis and he
asked Director Fonda if ours is a maximum $3,000 eontribution, -lhougll wc qreed to a pcn:cntagc in
the agreement. Director Fonda said yes and Ibey reali7.c that. City Attorney BW adviled that
Aurora bas qreed to change this agreement to meet all three oCtllolc conditions. Mr. Broczman noted
that the agreement that Council bas before them does not have that, that Aurora is redrafting that right
now . Council Member Waggoner stated that he does not have a problem with Marcia Hughes being
named in there, because she bas done a loc of the bacltground analysis on the MWild and Scenic" river for
the mctropoliWI water providers. City Auomey Brotzman said that is probably fine, but he does not know
Marcia Hughes and so he cannot recommcncl her to Council.
Vote raultl:
Motion carried.
Ayes : Council Members Hathaway, Vormittag. Wiggins, Habenicht,
Waggoner, Clapp, Bums
Nays : None
(iii) Director Fonda praented a recommcodation from the Utilities Department to
adopt a bill for an ordinance authorizin& two cuement qrecments for the City Ditch at 3000 and 3012
South Grant Street . He explained thal tbis is a cue wllere wc MW tlkm ower the ditch 111111h oCHarvard
Gulch from Denver a number oC yan ago . He adviled wc have enlend a ~ CIOIIUll:t with Demer that
involves the Ditch and the Ranch Creek Sys1e111 and put oC that C1011U11:t says Demer will put in capital
facilities if Ibey wish to iDcrcuc their CllplCity in thll lOClion oC tbc Ditdl. I>ilmor Fonda adviled 1h11
wc need to put those capital facilities in a little carlicr than Ibey anticiplled a-., lie cxplaiwl in
this CUC there WU no cuemcDl granted MY baclt in tbc ll70's, and then while Demer oned tbc Ditch
the then property owner put IOIDC CIOffllpled mccal pipe in wllere tbc clitdl was and built a ..._ wtually
over it. He said that corruplCd mccaI pipe lends to dillOM over time and tbis is CIUlin& all 111111 oC
disruption to her basement. Mr. Fonda lllled that they want to pt in and Ft it fixed and they want to do
this one first because it is one oC tbc -a pnlblcms on tbc Ditch. He poiDled out 1h11 in ~ tbc
City's right to go in, they found that no cuemcnt cxim III wc MW one by p,acriplion . He adviled 1h11
in this cue Ibey offered to help the owncn with the npain and restonlion oCtbc b1ndalion, nich is not
significant, and they will grant us an -nt. He said they will lie Mllltin& with tbc other owner on his
IIUllken step. Director Fonda staled that Iller, after this is all owr, lbcy will go baclt thnJu&b the entire
Ditch and do a title search. and for tllolc properties for which we do not have a recorded eacment, lbcy
will seek a quiet title and RICOf1I one. He poiDled out that tbcle two have to he done this year or the Ditch
will simply not run.
Council Member Waggoner COIIIIIICDlod that under the Grant oCf.Memenl, oacb w, in the title, Iden to
City of Englewood ,City") and down in the body oC the Ellement it Iden to MGranlec ." He ubd City
Attorney Brotzman if"City" should he changed to "Oraniec." City Attorney BW qreed that it
should he changed.
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Ellliewood Chy Cauac:U
Man:ll 4, 1996
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Council Member Waggoner noted that under MWarranty of Title" M refer to a dacriplion. He pointed
out that there are two casements, one for each party. but there is a Cllllllbilled dacriplion. He Med that
there is no way that one party can give you an -a CMr llllmllody cllc'1. City Attomey Brotzman
advued that the anachments that are going co-. lhat will be aaaclled to dlia. will come after die pipe
is actually in and the surveyor goes back out. Council Member Wauc-r aid thc:11 dial will be filed 11'ith
the casement itself and then there will be individual dacriplionl. City Attomey Bniczman aid lhat is
correct. Director Fonda advised that they 11'ill 111CM: the c:umnl pipe. dial they will 11111 put the -pipe
anywhere near the houlcs, although there is only ftfteen feet._ .... _
Council Member Waggoner stated then there is no indemnific:alio during CllllllnlClioa or after . City
Attorney Brotzman advued that M actually have a COIIIUUClion qreement 11'ith them aanmdy, due IO the
neceaity for speed. Council Member Waggoner aid okay, but MIii about after, wbat lbout any prablems
that might be caused afterwards? ffc asked if they will pc Ill ID indemniffcatioa for any duapl caused
after coastruction . City Attorney Brolmlall uked if be -referring IO dlmqa IO die pipe. Council
Member Waggoner clarified be is referring IO any damages caulCld IO their property, lddement, wbalem-.
City Attorney Brotzman advised that that is number five, Subjacent and Lateral Support. Council
Member Waggoner pointed out lhat that is during COIIIUUClion . City Aaomey Brotzman adviled that it is
permanent. Director Fonda advued that they took their property subject IO the Ditch. Council Member
Waggoner aid he underlitands that, but what be is talking lbout is indemni&alion for the City o(
Englewood . Director Fonda cited number five, MSubjacent and Laaeral Support." Council Member
Waggoner said that is during COllllruClion. wbll lbout any pn,blems that occur after. Director Fonda
asked the City Attorney if this is the Gnnt of Ealement. City Attorney Brolmlall confirmed lhat this is
the Grant of Easement, this is DOI the Collllnlcdon Grant.
Council Member Waggoner advised that, in the Grant afEuement for Carol Jacobs, under number two
MConsideration" o there should be a COlllllla after Morant."
Council Member Waggoner pointed out that the lepl dacriplion illelf lbould iDdude illformllion
identifying the propeny as being in the City of Eapwood. IUCll • CoWlly of Anlplhoe, City of
Englewood. Colorado . City Attorney BRllmlUI qned.
Council Member Wagoner Med that. wbea tllele are IUlllmaed lllllecp,eady, lie woald lilrc a_, wida
all of these that come forward . Council Member Vormiaq aid dial is wllll lie -f!Dl to all for ai.,.
Council Member Wagoner uked dial --.e cbeck the dacriplion . 8ecauK, be adviled, dlcy refer 10
the north twenty-two feet of Loe 4, but then when they leaw the corner they go up IWellly.ftw feet rather
than twenty-two feet . He aid it may be right, bejult doa 11111 "-w. Mr. Wacgoaer aid they refer 10 Loe
3 and north twenty-two feet of Loe 4, Block 5 and then they bepD II a poinl II the ICIUlnlll comer and
go -1heaslerly for approximllcly IWellly..fiw feet, to the .nil appraxiallely IWellly~ r.. So be
aid be is not 1UR wbelber dlolc are merled or wbelber you aclllally pt co dial prapeny line.
The Clerk -ubd IO read the council bill by title :
COUNCll. Blll. NO. 12, IN'J1l0DUCED BY COUNCll. MEMBER WAGOONER
A Bll.L FOR AN ORDINANCE AU11fORIZING AN EASEMEm AGREEMENT FOR 3000 SOU'J1f
GRANT AND AN EASEMENT AGREEMENT FOR 3012 SOUJ1I GRANT FOR 11IE CITY RJGKJ'.
OF-WAY ON 11IE CITY DITOf 111ROUGH B011f OF 11iESE PROPERTIES .
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Eapwwl City c.wu
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COUNCD. MEMBER WAGGONER MOVED, AND ITWAS RCONDED, TO APl'JlOVE
AGENDA ITEM It (a) (Ill)-COUNCD. aJLL NO. 12, W1111 'l'D CIIANGES TBAT HAVE
aEEN UQUES'nD, ON 1111ST HADING.
Ayes: CGuc:i1 Malberl llldiaway, VOlllliaq. Wiaim, lfllleaicllt,
Wau-r,Clpp,Bmm
Nays: None
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MAYOR aUllNS UMOVED AGENDA ITEM It (II) (II) ROM TD CONSENT AGENDA.
(b) Appn,¥e OIi Secoad Radiaa
(i) ORDINANCE NO. 6, SERIES OF 1996 (COUNCll. BILL NO. 6,
DffllODUCED BY COUNCll. MEMBER HA111AWA Y)
AN ORDINANCE AU'JHOIUZING AN JNrEROOVERNMENI'AL AGREEMENT BETWEEN 11IE
STATE OF COLORADO DEPAR1MENT OF TRANSPORTATION AND 11IE CITY OF
ENGLEWOOD, COLORADO FOR 11IE COST OF CONSTRUCTION AND CONS11lUCl10N
ENGINEERING FOR 11IE DARTMOUIH BIKE 11lAIL PROJECI'S.
COUNCD. MEMSER HATHAWAY IIOYD,AND ITWAS SECONDED, TO APPaOVE
CONSENT AGENDA ITDI It (II) (I)· ODINANCE NO. 6, aaBS OF I"', ON SECOND
HADING.
Ayes :
Nays:
(ii) Mlyar Bini ... dill dlil ilea ilMllva die BUllJ> Prqiec:t. lie aMlld 11111
llc wiU .... ,._ ..... llcdid ....... .._.Ila.a...,, ........ Alllllority.
ORDINANCE NO. 7, SERIES OF 1996 (COUNCIL BIU. NO. 9, INTRODUC2D BY COUNCIL
MEMBER VORMJTI'AG)
AN ORDINANCE APPROVING 11iE SALE OF POUR PROPER111!S, WIUOI W1!RE DEVBLOPED
FOR 11IE "BUILD" PROJECT, ON 11iE OPEN MARKET.
COUNCD. MEDER VORIIITTAG MOVED, AND ITWAS RCONDED, TO APPaOVE
AGENDA ITEM It (II) (II)· OllDINANCE NO. 7, sum OF I"', ON DCOND HADING.
Ayes : COIIIICil Memben Hldlaway, v......._ Wigial.111111 le .. ,
Wau-r,Clapp
Nays: NOiie
Allllaill: Nayar Burm
II. Ortl nn1,P ttlw•llldw
(a) A....,.. oa Finl Radilta
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E•&lewood City Ceucll
Maro,, 1996
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(i) Director Fonda praented a recommendalioo ftom Ille Utilities Deputmeot to
adopt a bill for an ordinance approving cbanga to Ille Englewood Municipal Code rela&M to
miscellaneous water .ervice fees . He stllled tllCle me bouldreq,qig items tbal change -ortbe fees of
Ille City and change 10111C policies. He aid the fint one is a charge. equal to tbc City's time and
materials, me due if an abandoned .ervice is DOt di1C011necled ftom Ille main . He commented tbal oddly
enough tbis was probably written a long time ago, and tbey could either do it witb a bonded or licensed
plumber, or tbey would have the City do it for $75.00. He aid tbey just did an abuldooed one in
Broadway and tbey immediately requesu,d our crew to do it, becaule it would have aJll many times tbal
amount . They felt, be aid, that tbcy could either use a plumber, or Ille recommendation was that Ille City
would keep track of tbe time and materials and bill them actual cost if tbey wanted to ua Ille City to make
the discomiection .
Director Fonda Slated that Ille next major item is if pamnncl me requind to clean out a llop box, for
whatever reason, tbe City would charge $30.00 . He advised that tbis is the property owner's
responsibility . He DOied that in one cue it took almost a half day to c:kan one out. Mr. Fonda DOied that
tbis really ties up our people and tbeir time. It far exceeds, in many cues, Ille $30.00, but tbcy tbink tbis
may be an incentive for tbe property owners to maintain their stop boxes or III leut keep them c:leaned out
so that we can turn them on and off'when we have to.
Council Member Wiggins suggcsled that, tbe next time the water bills me IICllt out, residenls be advised of
tbis . He aid be feels that tbc number of residents, tbal me aware that the llop boxes have to be kept
clean. me very few . Director Fonda agreed and aid that tbey will gel Ille infonnalion, witb all Ille
particulars, out to tbe residents .
Director Fonda said tbey would like to -a 10% lllle fee on all cldinqaent waler bills. He advised that
Ill Ille current time there is DO penalty, and last ya, we bad_. 6,000 dial carried it all Ille way to Ille 45
day limit. He pointed out that tbis causes Ille City an incndiblc ---or office time paing out all ol
Ille cldinquent notices. He st111ec1 that. adding tbc 10% rce. tbey me llapiaa will nduce tbc aumber or
delinquent notices. Right _., be pointed out, tbere is DO UlllCIIIM .....__, IO c:am people to pay die
bill . He aid tbe City will DOt do anything die di&rent, laidatls will llill be Ible to go up to 75 days
before Ille City red tap the property.
Council Member Waggoae, asked when Ille 10% lite fee will be applied, if it will be after 30 days.
Director Fonda raponded that it would pnictic:ally lulppal after 45 days. however tbcy could leplly after
30 days. He aid ii is uawly 45 days before we would actually IClld it out. Manager or Administration
Bock advised that tbe fee would DOI be applied until we actually 1'1111 tbc computer program 111 45 days to
generate tbe notices.
Council Member Clapp uked bow tbey arrived III I 0%. Direclor Fonda aid it is IIIUally DOt a lot, that a
typical water bill is maybe $40 .00 IO tbere would be a $4 .00 c:llarte . He DOted ii is DOI meant to be a
heavy penalty, just I detenmt, because many people would D0t like gelling il
Council Member Waggoae, asked iftbat is only I one time cbarp and after anotbcr 45 days what would
tbey do tben. Director Fonda stllled that tben tbey have received a red tag and tbeir water bas been llhut
off. So yes, be aid, Ibis would be one time until tbe C)'Cle would repell illdf. c:ounai Member
Waggoner asked if it is until tbey get another bill. Director Fonda aid yes . He aid cbarges for turning
WIiier on and off, which is when tbcy would ~ to go and tum off for nonpayment, we would cJmae
S15 .00 instead ofS5 .00 . Also, be advised, tbey would be autbori7.ed to c:11arte S5 .00 when tbey have to
show up 10 deliver tbe tum off DOlice . He stllled that all or these me IMIIII to be llllall penalties, but die
actual tum off takes more time and dl'ort and tbey me just really noc gelling relpOll8CS.
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Ea&lewood City c-u
Man:1114, 1996 ... ,
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Council Member Waggoner uked about. lunl OD fee, if there is • tum OD fee. Dinlclor Fonda said DO,
they would just go tum it OD .
Council Member Habenicht asked if this will always be kicked in or is there -ClODSidcraliOD if
someone is working with the waler department, if there is IOIIIC indigent prublem or IOmething. Director
Fonda stated that if they arc working wilb 111 it does DOl bappen . He said if lOIIMIOlle calls up and says "I
am having trouble" they will spread out their Pl)'IIICIIII in any number of ingenious ways. -bave _,
had to do lhl!t wilb anyone who is rally workin& wilb us . Director Fonda uked Manager of
Administration Bock if we have ever had an iJlllaDlle wbeR -turned IDIIICODC off who has been working
with us . Mr. Bock said DO. Direclor Fonda aid this happened IO people who _, c:a1led.
Council Member Habenicht questioned wbelbcr the delinq-1 foe -.Id ltill apply CYCD if they arc
having uouble and working wilb us. Direc:IOr Fonda said yes .
Director Fonda stated that the final item is water cooled equipment. We just woold DOl allow any IDOft of
ii and if the equipment needs IO replaced ii would DOl be rq,lxed with water cooled equipment.
Mayor Bums asked if the reason is because ii is wuteful. Director Fonda stated that the ...-is because
ii goes into the sewer and that is very wutcful. He said ii is wutcful of the water and ii lhouJd DOl go into
the storm sewers. Council Member Wagoner asked ifbe IIICIIII storm sewers or IIDiwy sewers.
Director Fonda said storm sewers .
Council Member Vonnittag asked Direclor Fonda to give him an ·examp1e of what be COllliders waler
cooled equipment. Director Fonda said a swamp a>oler, or a water WUlillg air CXllldiliooer. Mr.
Vonnittag DIiled waler is recycled in a llWllllp c::oolcr. Director Fonda said theft arc mme wbeR it woold
not be or water cooled equipment wbeR the Wiler just runs all the lime. Mr. Vonaittag 8lbd ifbe meant
like equipment II an ice cram place. wberc they W-the ice cram ICOOpl in theft and the thing just
runs for eternity. He said be w that is what Mr. Fonda is talking about. ICJIIN'Cbina lib dial.
Council Member Hathafly felt dial wooid DOl be WIier cooled equipmenl . Dindar Fala llllell lie is DOI
ral familiar with moll of them • they -pretty much outlawed .
Manqer of Adminillnlion Bock advised lhll Ibis propaal -oripMlly ........ by • Phmbiq
lmpec:IOr in the Building Deputment. He said the inlpector -loakina. --cooled
a,mprean II a --oa South Kalamalb Street . He said they were old fMllicmed ~1, that
the WIier goes through the a,mpreaor -and then down the drain. Mr. Bock llid lie allO said dial
they do DOI manufacture this equipment ~ 11111 they mnufac:tuR lir cooled equipment. TIie
inspector, Mr . Bock advised, said it wooid help than IO put Ibis in -aide ID dial if a_.. wanb lO
repair or replace their existing onc,e through Wiler cooled equiF 7 willl -,.,,F 1 7 lib dlM, then
be can say DO . Mr . Bock llid the impec:IOr was Jookina 11 ~· dlll w oacic dlnlap war .
Council Member Wagoner said it -like there a,e halli 11111 ..... dill me in the.-of
culling blocks. bricks or llCd, that sometimes do need WIier dial nim through oe the -blade or
something like that. He said that maybe there needs 10 be a liSde -illwaipliOII iato dlil ad ma)'lle
they lhouJd withdraw that IIWllbcr oae ilem and ID with the .. of it. He said lie Im 110 prablea with the
rat of it. Director Fonda IIOIOd that if the equipment is there it cu llill .-in. <:ouKil Meacr
Waggoner said lie lllldenlandl that, bul there aae llill -dill be thim llill need -WIier 10 do the
job. He said that is DOI recimala7ed MSer, beclUle IOIIIC of that cads .. dirty CIIOUlll thll it ac:tualJy
should ID into the sanitary acwer .
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Ea&tewood City C-U
Mardi 4, 1996
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Director Fonda advised that they ue DOC aware m where the equipment is, that it just shows up from time
to time. He aid if it was to go that way then we would just a,ntinue to allow them, but there is DOC much
of it anymore. Council Member Waggoner aid that u be reads it this strictly prohibits it anywhere.
Council ~ Habenicht aid it prohibits any new ones . Director Fonda ClCIIICUmd.
Council Member Habenicht aid she does DOC own a lWllllp ClOOler, buwewr she knows a lat fl people
who like to Ille them. She uked if be is ll)'ing that they could DOC have IWllllp coolers lilylDOR.
Director Fonda stated be was referring to old WIier WIiting air condi~ cwponlM coolers fl_
sort that WUled the water. He Slid be bu new, NCO one, but be is DOC ll)'ing we will _. IIDd -·
Mayor Bums aid be does DOC know that this is that big fl a problem. He llid is -ID him that rarely
wiU you find this kind m equipment any more, and if it is in cxillcDcc, tben it can remaiD iD ... And, be
said, if it is repairecl, replaced or mowcl, it must be n:pllced.
Director Fonda said be would guess they could amsider a hardship cue if-WllltCd to claim a
hardship. He said we rarely find it, that the Building Department is the -that found this one .
Council Member Habenicht SIited that Council Member Waggoner brought up -interaling coocerns.
She Slid when the Water and Sewer Board discussed this they were really talking about antiqulled
equipment that 10mebody might be bringing in used and we rally lbould be prohibiting. But then, Ille
said, IODIC Uthe ideas that Council Member Waggoner brought forward she did DOC think is whll -ue
trying to address in this. She Slid maybe what we need is just a lillle bit more darific:l&ion in this pan.
Perhaps it could be brought back to Council, Ille llaled, just to duify that a lbc felt -pod eoocerns
have been raised . She told Council Member Waggoner if be were ping to ..-cl it, lhe would ~ it
Director Fonda Slid be would 1111( know !low to IIIICDd it II this point. He said ifwe do aat want to do it
then we llhould aat do it Council Member Habenic:bt said it is aat that * does aat think we llhould do it,
but maybe WC IR llllking ii too braid and maybe there IR IOIIIC lllillp that -U'e pn,bibiting that WC do
aat need to. Director Fonda said we would aat know wllat IMl is__. we oaly aee tbcle 011CC in a
"blue -·· He llid we do 1111( ewe know whll is out there ill repnll III lbia because 11111111 m ii is aooe .
Council Member Hllhaway ISbcl, if that is the QIIC. do we rally 111111 to have ii in tbere II ID . She said
if they do DOC know wbll is out tbcR, that we IR ICblllly pandfadleriDa in, and we do aat anticipate a lot
m new ones why do we bother to have the IJeClioa in there at ID . Direc:tor Fonda ltlled that that wu the
Building Department ' I point, they found one and without it they CIIIDOl llllke him change it, but there is
equipment available . Council Member Hadlaway poinled out that they c:anaat make him change it
anyway, becaulc ii is grandf'llhered in if be his bad it on tbere for awhile. Director Fonda ldvillld that
that is why they went for it in the repair, bccauK in this cue it would make NIIIC tben to put in the new
11y1e m equipment • opposec1 to maintaining the old and CODli-1ly dilclllrling.
Mayor Bums ltlled. ii -to bim, that this sh'a them a back-up in CIIIC dlcre is a repair or
replacement. He said be does aat have a problem with that.
Council Member Wigins said they only thing_ be CID think m, and maybe Council Member Waggoner
-allO thinking about, is a busiMa that cuts tile or._ wllere they run a blade where they c:annoc 1IIC
lll)'lhing but water to cool it. He lllked If we have uy M like dial apenliDa here . He DOied tbat
if we bad a busiMa liclcnle in dl'Cll.1 we would know wllat I-Iii we lllll Director Fonda raponded
tbat they do 1111( believe there are, but this is ID nddball that lllowed up .
Council Metnber Wigins said be feds the IIIIIC. the Mayor, lie does 1111( have a problem with this .
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Mara4, 1'96
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Mayor Bumi said that if'he is DOI repairing or nplacing it lie is CODtiDuina to UIC it. Director Fonda said
yes. Mayor Bumi pointed Cllll that it does DOt II)' thal you CUIIICII UIC a WIier cooled blade . Director
Fonda said unless it violaled or pollllled in -form . c.ouncil Member Halhaway aid that in wllicb
cae you bave OIiier ._ to pl diem . DilllCIOI' Fonda aid in wllidl cae dley-.ld ID thniap OIiier
anlinlnces.
c.ouncil Member w...-, aid ...... fllr a lie .... dlae ii -... i .. lkot, diat type of eqaipmeat.
1h11 is DOI de\'doped witll lir CIIOWII· ~ Mllllller Wigjal aid 11111 ii tnae. tbat tile or-*
alttin& -• WIier cooled blade ... ,. lad ii ... -dD .... cm. He aid the blade iD .... cuts
is all Wiler coolod. Mayor Burm aid dley 1111w .... oal • S.. Fe ript DOW. Counc:iJ Member
Wiggins aid dley also bave diem• Blaadway Md Bellmcw. Ml,or Burm DOied tbat is oa ajab, DOI a
fixed loc:alion.
c.ouncil Member Vonniuag uid 11111 wllal lie dlillb Dinclor Foadl ii talking about is IOlt of lib I
radiator in drect. That water just 111e1 tluaup.,;.. to-, die llead cool, and when it aimes out
probably perfectly clean, it 1De1 ripl don tlle ..._ He ..S Dinclor Fonda if' tbat is what he is
saying. Director Fonda aid dley -.Id rue, ii .... cmtiac ID c:in:alae. c.ouncil Member Vormiaa&
aid that is right. Director Fonda aid dlll ii wllll .-. _,-ii doiDa -He llllted that Ma,y Gardner
from Bi-City inspects most oftbelc people. and all ofdka a fllr a tlle -ii concerned, ID they are
DOt going there . He aid to go clown the ---· lie did .. dlillk alley ~ MIit to do thal ~.
8Clc:aule if they dump into the IIOml aewer. yau ~ aat _. it Filll iato the storm_. sy11em and
getting out into the mer . Mr . Fonda aid there ii wry lildc of it 1111d alley do aat aec a bi& pniblan. He
said he would guess the pcllCIII wbo WIS doiD& dais, they jlll1 did aat ... ID put the -equipmall in.
He uked Mr. Bock if that WIS true. Mr . Bock aid they rlUled die old WIiia ClOOlod equipmeal.
c.ouncil Member Waggoner said, the way the exilliDg onliDance nadl, ii 11111 the oaly way yau cu evea
put cooling WIier into spccific:ally designated storm _.. is by permillion or oomcat of die Dinclor of
Utilities. He uked City Attomey Broczman if that is eorrect. Mr. BRJUmu aid dlll ii camcL Mr.
Wagoaer aid that tbat -thal evea IIOW to allow coolin& WIier to ID iato a ... _. :,w llllw 10
bave the QOIIICllt of the Director of Utilities. Director Fonda aid our -*DI came out of die BllildiD&
Code.
The City Clerk wu med to rad c.ouncil Bill No. I by title :
COUNCll. BllJ. NO. 8, IN'J1l0DUCED BY COUNCll. MEMBER WAGGONER
A Bll.L FOR AN ORDINANCE AMENDING 1TJ1..E 12, CHAPraR 18, SECl10NS 2 AND 6, AS
WELL AS CHAP1ER ID, SECl10NS 4 AND 5, AND CHAPraR 2, SECl10N 2, PARAGRAPH 8 ,
NUMBER 4, OF 11fE ENGLEWOOD MUNICIPAL CODE 1985 REGARDING MISCELLANEOUS
WATER SERVICE FEES .
COUNCU. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM II (a) (I)· COUNCU. BD...L NO. I ON rotST READING.
COUNCU. MEMBER WAGGONER MOVED, AND ITWAS SECONDED, TO AMEND
COUNCU. BD...L NO. I BY DELETING SIC110N 5.
Ayes : Council Members Haabaway, Hlbellic:bt, Waggoner, Clapp
Nays : Council Members Vormittaa, Wigilll, Bumi
Molioa carried.
Vete naltl oa die app""8l rl Ceudl BW Ne. I•_..:
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Ea&lewood City Coudl
Marcia 4, 1996
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Ayes : Council Members Halha,ny, Vormittag, Wigills, H1beaicbt.
Waggoner, Clapp, Bums
Nays : None
Motion c:arricd.
(ii) Council aJIISidend I recommeodltion from the Department m_ Public Worb IO
adopt I bill for ID ordi11111Ce allblisbing criteria for implemenling Flashing Tndlic Signals.
1be Cily Clerk was asked IO rad Council Bill No . 10 by tide:
COUNCll. Bn.L NO . l0, IN11lODUCED BY COUNCll. MEMBER WAGGONER
A Bll.L FOR AN ORDINANCE ESTABLISHING NEW CRITERIA FOR FLASHING TRAFFIC
SIGNAL OPERATIONS IN 1HE CITY OF ENGLEWOOD, COLORADO.
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (1) (II) • COUNCIL BILL NO. 10.
Motion carried.
Ayes : Council Members Hadllway, Vormittag, Wigins, Hlbenicbl,
Waggoner, Clapp, Bums
Nays : None
(iii) Direc:ICII' Oryglewicz praeDled I ncommcndlliOII from the Deplrtmcat of
FilllllCill Services IO adopt I bill for ID onlilllllCe allblisbing I Capital Projcds Fund IO Uack the
prop:11 ud f\mdina ol capital pn,jeels. He lllled 1h11 dlis bill, if adopled, MJUld creale I new fund
called die Capital ProjclCII Fund. II MJUld MW die baic duties or accountiq for projecls identified iD die
FM Year Capilll Plan. Mr. Grypcwa cxpllilled dial wbcn Ibey pUI the FM Ye11 Capital Plan IOplhcr
iD 1995 dley rali1.ed dial M do DOI n:ally MW I Capital Fund lbll ll'acked lbele projec:ls. He aid l1afl'
pul ... die prapoaml onliDIDcc willl die Cily Aaarncy and IUbmiaed for Council'• appn,val • dlis
0-.
Mayor Burm llkod ifdlis will be I lllb-llalld oldie PIF Flllld. Direc:ICII' Oryglewicz aid ii ii 1mic:ally a
lul>-fllnd oldie PIF Fund. becaus die PIF, per die Cllancr, ii alloMd ID carry funds -year ID year. He
aid none oldie alher funds MW dial. He cxpllilled lllll. if llllder die Capilll Plan a pn,jec:t MJUld 111111
-dllll one year, Council MUld DOI MW IO apprapi ille lllole wiel adl year. He poillled OUl 1h11
ii baicllly llfcpards I pn,jeCls imqrily, dlll ii will IO forward Jcar lO year witbOUl fwlher Council
approval .
Council Member Hlbenichl llkod if dlis will in anyway atrec:I any kinds ol cbln,el iD die Capital Budget
or die cxpendihlre or beiDa Ible IO MW m IOfl ol CMnipl in icr.. al if _...bin& cbu,es. Direc:cor
Gry&Jcwicz aid DO, tbal baicllly wllal will happen ii wbcn pn,jeCls 1ft idallified and approved by
Council in the Budget, lllole wiel will 10 IO dlis fund IO be 11111d oaly for dial pn,ject. He aid dial wllal
ii allows is tbll lbose funds aft approprialed and llloMd IO be Ullld ower two or tbree ycan if)'OU MW a
,yery lar,e capital projecl . Basically, be adviaed, ii allows us IO track the propas olthe pn,jec:t and let
one amounl and allow lbll lO sp111 ower ycan. Direc:ICII' Oryglewicz advilDd 1h11 Council MJUld Fl a
periodic updale on any projecl 1h11 M MJUld MW .
Council Member Wagoner llked. if additional .-ies 1ft 1-iect 10 be lppnlpNled. dial MJUld '10IDe
back 10 Council . Direclor Gryglewicz lllled yes Ibey MJUld MW 10 '10IDe back lor a lllpplemeneal
appropriation .
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~ff! I I ,,d! I i I i 1id 1i!H UH U!Uh f ~lE t' l • ,~a I § i i 1 Jrih~i! Uli' I ril ,u It fl I ,, !5 § ~ i f . }llf Ji 111t!hil ti! . h 1 . = ~ I 1 ~ l!hh,r i!!U 1i!r!Jtl
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pun:IIISod exc:cpc for a a,uplc of small lraeb that were behind the Gala Rullber Company building. So
there are a couple of pps in the right.Gf-uy. He said chis-delcribed to the c-miaec • u
emergency because the Union and Southenl Pacific railraads are -siDI ud there w -OC111CCn1
that the price for chis -.Id remarkably iDcnale wlleD dlll map, -Mayor .... cxplaiDed dial
they are U)'il!I to pt the fint fedenl flaDds OD dlis prajec:l becae • llaft 1111d -lldore ad the
DROOG raolutioll sequins dlll dlis prajec:l be e+Ma#ially federally,..._ He aid dley lad a pod
visit and met with all oftllC mcmllen oftllC CoDpellimal dehplicle 6-CGlcndD • dley waated to,
exc:cpc for Seaalor Bl'OWII wbo w unavaillblc. He said tllCy met widl ~ Scllader, Sbnieder
and Skags. Repracntaliw Scbroeder iDtroduced diem to tllC Ca ·ne I llecw Rqw
Schader bad a coaflic:t • be -cbairin& another commiaee 1111m111 • die liac. He 11111111 tllCy bad a
very pod mee&ing with Senator Campbell wllo ncomwnded to llil aaiar aid•• draw Wither letter
of support for chis from him . Mayor Burm commaited dial tllCy urpd dleir 11111& to'*-adiw to
support us and to lobby the Committee . Tbe Cmunittec, be advilOd, is cblinld by llepraealalM Fnnk
Wolf from WCll Virginia and be decides if new art prajec:ls like chis oae will be flmded dlis year . He
said they think be will ftmd them . He DDled there -$660 million doUan ... year b -Dl1 prajec:ls .
That budget will be reduced. however they belicYe -haw • decent c:banc:e . He poilllal OUl dial the
environmenlal impact llalelDent is complete. the run ftmding pant agreemea1 bas been mlllnitled and
they belicYe that both of thole will be accepted in tllC next 30 to 60 days . He said we haw mowd up the
ladder, 10 to speak. in priority with the Fedcnl Tramit Adminillnlioa and dlis Committee. He aid dial
nolhing is certain, tllC Fedcnl Buqct bas to be accepCed or a continued raolutioa to ftmd thcae projec&s
for this year, and dial there is a lot of competition for tbelC prajec:ls but this oae shows very well and is
very well thought of by the llall'. Mayor Bums -led dial they are bopeful dial perllaps chis is the
year dial • will receive the initial clesipalioo for federal ftmding . He DDled they are Cllllioully
optimistic, but they haw to await Olher people's decision . He appreciated Council ICllding bim. He said
it went much more smoothly than last year and they just hope for the best.
2. Mayor Bums ofl'ered congratulations to Director Gtypcwic:z and tllC Department of Finuce for
the OFOA 's Ccrtific:ale of AchiewaMDt for Excellence in Financial Rcponiq and Chief' Amllm«anc
Stc\'e Dazzio for tllC special award be im=iwd for Financial Repaniaa Acbievement.
(b) Council Mcmben Cboice
(i) Council Member Clapp tllulied Mayor Bums b tllC time Md CIICl'IY be bas
put into his nceaa traYcl on the City '1 behalf.
(ii) Council Member Waggoner aid that be appreciated the cooling affc,ct M bad
tonight in the Council Chambers .
(a) City Muagcr Clark ,-mendod dial C.ouncil ID illto EWUliw ScaioD imT:cti!lely
following the replar meewia to clilCllll a penoanel maacr .
COUNCD.. MEMaER llilENICBT MOVED, AND rr WAS SECONDED, POR COUNCD. TO
GO INTO EXECU11VE SESSION IMMEDIATELY POLLOWING TBE UGULAa MD11NG
TO DISClJSS A PERSONNEL MATTER.
A~: C.ouncil Members Hathnly, Vormitla&, Wigial. Habellicht,
. Waggoner, Clapp, Burm
Nays : Noae
Molion carried.
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COIJNCIL 1UNNa IIA'IWAWAY 1110VD TOADIOUD. 'l'lieWiAl ...... •1:43 p.a. ~d~
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ORDINANCE NO. i_
SDIIS OP 1811
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BY AUTHORITY
10 bi
COUNCIL BILL NO. 2
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE ESTABUSIUNG A CAPITAL PROJBCTS FUND.
WHEREAS, the City ofEnclewood'a Public~ Pund WM created u put
of the CJrilinal City Chart.er in 1958; and
WHEREAS, during 1995 the City std developed a Fm YNr Capital Plan (FYCP)
during which it WU decided that a separate fund would be required to track projecta
that do not tit the typea of prqjec:ta that are account.eel fbr in the Public Improvemmt
Fund; and
WHEREAS, the Capital Projec:ta Fund will receive funda from otbm-pvemmental
funds and will be treat.eel u a aub-fund of the Public-Improvement Fund, 10 ita budpt
will be based on a project-length buia; and
WHEREAS, projecta that span years will only need to be appropriated in the initial
budget year; and
WHEREAS, the Englewood City Charter, Article X, Part I, Section 96 .Uowa City
Council to transfer from time to time to the Public Improvement Fund any portion of
the General Fund surplus not otherwise appropriated; and
WHEREAS, appropriatiom for conatructian of permanent improv-tll, from tbe
Public Improvement Fund, aball not lapae until the purpoee fbr which the
appropriation wu made ahall have been accompliabed or abadwd, prorided any
project ahall be deemed to have been abandoned if he 6-1 ,-n elapae without any
expenditure from the appropriation therefor;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY
OF ENGLEWOOD, COLORADO, AS FO~WS:
Sec;tign 1. The City Council of the City ofEnclewood, Colorado banby autbariw
the establishment of the Capital Projec:ta Fund for the City of Bql8wood.
Introduced, read in full, and paaaed on tint readinf an the 4th day of March, 1996.
Published u a Bill for aa Ordinance oa tbe 7th day of March, 1996.
Read by title and paaaed an tiaal readinr on tbe 18th day of March, 1996.
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--by ...... °"""-""--...... ., .............. .., ,, ........ 1996.
ATTEST:
'11io111U .J. Bunui, Ma,or -
i;.eriahia A. Ellis, City Clerk
I,._.._.._ £Ui,, CityClo,t .,._Cityof ......... "'"-io,......, -............... .._ .. __ ,,, ... """"--......
readinr and PubJiabed by title u Ordinance No . _, Seri• of 1996.
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ORDDWfCS NO . !J_
l!IIIIIIIIOPJ116
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BY AUTHORITY
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COUNCU. BILL NO. 7
INTRODUCED BY COUNCIL
MEMBER HABENICHT
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGllEEIIENT
ENTITLED "SOUTH PLATTE WILD AND SCENIC RIVER REVIEW PROJECT
PARTICIPATION AGREEIIEN'r-.
WHEREAS, the South Platte Wild and Sceaic: Biver Review Project iDvolvee a
collaborative effort in proridiq c:ommenta t.o the U.S. FOl'Nt Service and other
decision making agenc:iea reprdiJII the participatm, memben c:ollec:tive c:onc:erm
reprding the ability t.o prot.ec:t the wat.er aupply and relevant ftmc:ticm o(the North
Fork and mainstem of the South Platt.e Biver; and
WHEREAS, the -,-mt will allow the City t.o participate iD pt.berinc o( ·
relevant data, c:oordinatinc with partic:ipatinJ memben; attendjq hearinp and
meetinp; workinr with the Denver Wat.er Board o( C-ommiNionen for c:oordinated
c:ommenta ; c:oordinatm, Congreuicmal involvemmt and aplorinc alternativea:
and
WHEREAS, the Centemual Water and Sanitation l>iltrict bu propoaed t.o aplit a
participant'• abare with the City o( Eqlewood, wbenby Eqlewood'• portion would be
$3,000;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCU. OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sedim 1. The iDt.erpenuDmtal .,,.....t mtitW "Soat.b Platte Wild and
Sceaic: RiYer ea.-Project Participatiaa Alr-t" wl at&acbad bar'llto u
Emibit A, ia .....,., acc:ept.ed and aPllf'O"ll "' the ........ City <amen. The
Mayor ia authorised t.o aec:ute and the City Ca.It to attlllt and ...i the Acr-t for
and OD behalf al the City al Eqlewood, Colando.
Introduced, read iD full, and puaed OD flnt readiDc OD the '*il day al llan:b, 1996.
Publiabed U a Bill for 1111 OrdiDance OD the 7th day al llarc:b, 1996.
Read by title and puaed OD ftnal readiq OD the 18th day al llarc:b, 1996.
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Publiahed by title • Ordmance No. _. Seriea al 1996, CID tbe 2lat day al llarch,
1996.
Tbomu J. Burns, Mayor
ATTEST:
Louc:riahia A. Ellis, City Clerk
I, Loucriahia A. Ellis, City Clerk of the City al Eqlewood, Colando, liareby
certify that the above and f'orepiDg ii a true cop)' al the OnliDaDce puaed CID ftnal
readinc and pub1ilhecl by title u Ordmance No. _, Series al 1996.
Loucriabia A. Ellis
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SOUTH PLATl'E WILD AND SCENIC RIVER REVIEW
PROJECT PARTICIPATION AGREEMENT
TIDS AGREEMENT ia made ad ent.enNl iDto u of tbia _ day of ____ _,
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1998, by and between tbe UDdeniped mtitiN <beniDdllr nfernd to u "Partic:ipata•),
WITNBSSETH
WHEREAS, w:b oltbe andaniped mtitiN, pneraDy nfernd to u tbe "Partic:ipata•
are political or quui-political aubdmaiam al tbe state. or an a carporatian; and
WHEREAS, each participallt proridea wats to ita c:uatamen, which wat.er supply may be
advenely impac:ted by tbe wild and aceaic river lltudy ..-u well u tbe final dec:iaiOD
which may be made by tbe Fanat Serrice, tbe Praidmt, or ec..,n.;
WHEREAS, a coordinatad e8brt rapaadiD1 to tbe wild and aceaic river c:oaaideratiana
will best be addrNaed by a c:ollabarative e8brt U proricled UJlder tbia participatiOD
a,reement;
NOW, THEREFORE, tbe Puticipanta (beia, Ill tbe parties blnto, ad bereinafter
collectively referred to u 9Puti•·> for and in ccmaicleratiOD of tbe pnmiNI and mutual
proJDUN hereinafter CODtained and in tbe mutual reliance of Neb participant UJICID tbe
performance of tbia Apeemmt by each participant a,ree • follan:
1. 'DI• Pnitf;t. Tbe Project ia ,...Uy referncl to u tbe South Platte WDd and
Scenic River Review. Tbe Project will involYe a collabanthe .a.t in
providine commmta to tbe Fanat Service and any al:ba-decilim aaldq apacy
reprdjn, our collactiYe caaoeru and deaina ...-tliDe tbe allillty 1D pratiect tbe
wat.er supply and al:ba-relffant ftmctiana oltbe Nmtb Fa and eetnetaD oltbe
South Platte BiYer. Praject actiffliel will ind1lde tbe fo1lowm, .... will be
dinct.ecl by tbe Project Cammitt.-:
• meet with or have can....atlonl with Fanlt 8lnice staff people;
• ptber relevant data fram ailtiq Pmticipant docwDmta and mt:ltia;
• coordinate with Participant memben and ..........,.._t commmta;
• work with DWD to encourap effectiVII, timely, ud coardinated ODIIUDmta;
• coordinate Con,reuional involvement;
• attend hearinp/publie meetinp; .
• review and rebut (in coordinatian with DWD) commmta ~
dNipation; and
• nplore and perhapl uaiat in _...., a1tamatiffa to deelpattcm if tbe Praject
Committee ao deairw.
Thia Project ia limit.eel to a final daciaiaD UDdlr tbe Wild and Semic ~
coaaideratian proceN, which may be by tbe Fcnat a.me., c6er9 in tbe Bacutm
Branch, or eoa,... and ia limited to calmdar ,-r 1198.
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2. Project Com.
a . The t.erm "Project Coste· means all of the coata incurred in completing the
Project in 1996 up to the maximum of $6,000.00 per abare. The Centennial
Water and Sanitation District bu split a participant'• abare with the City
of Englewood, whereby Englewood'• porticm would be limited to $3,000.00.
Coate will be for a pro rata abare of all lepl coata incurred in relationabip
to the Project. It ia agreed that each individual entity will pay lepl c-
on a timely buia by making a one-time payment upon aipinl thia
Agreement. Payment will be made to the Metropolitan Water Proriden.
A monthly accounting will be made, and any amount DOt apent cm thia
effort will be returned by the Metropolitan Water Proriden.
b . It ia recognized that each entity aigning thia Agreement, and thereby
participating in the Project, ia relyinc upon cme; another to fully
participate throup completicm oftbe Project er December 31, 1996, wbic:h
ever ia earlier. The completion will either be iaauance of a final dec:iaion
by the Foreat Service, or othen in the Eirec:utive Branch or Congreu or a
deciaion to terminate the Project made in accordance with the proviaiona
of Paragraph 3 herein.
3 . J,ength of Projec;t(A.mepdmgt . Thia Project will run through December 31, 1996,
unleu thia Agreement ia amended in writing to continue beyond that time. Any
number of members may utend thia Agreement rec:opizing that any membera
who do not extend the contract will not be bound in any way by the atenaicm. Any
amendments to the Agreement during 1996 may cmly be made upon unanimoua
agreement.
,. Project CoJPmjtt,ee. There ia hereby created the South Platte Wild and Scenic
River Review Project Committee ('"lbe Project Committee•), which memberabip
aball coneiat of one desipated resw-tative by each Participant. Each
Participant may alao desipate an altaaate wbo may YOt.e at any time the
delegate ia not iw-t at a Project Commitliee ...em,. All actiona taken by the
Project Committee aball be deemed actiaD • all Partic:ipanta and aball be taken
in the name of all participanta. Vatinc by .-hen • the Project Committee
aball be one vote for one abare . A quorum a the Commitliee aball eziat when 5l'll,
of the aharea are represented.
5. Powea and Dutju of the Project (',gmmjtt,ee . The Project Committee may have
the power and duty to :
a . Elect a Chairman, Vice Chairman, Secretary and Treuunr, and eatabliah
organizational rulea.
b. Eatabliah a Project Budget.
c. Commence and proeecute to CODcluaion the litiption ct.aibed in
paragraph l above.
d . Solicit bida and award contracta or ratify aiating ccmtracta, far the
performance of all work n-ary for completicm a the Prqject.
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e . Make all dec:iaiona regarding the commen-ent, ..-tiGD ad
aettlement of any litigation, provided that any eettl-t amt be wovwcl
by the repreaentativee of Puticipanta wbicb bMe paid DGt ._ daaa '75
percent oft.be Project ea.ta.
f . Hire counael.
c. Take all other act.iom n--,. for full ad IIUCCWfal iapl a81tiwa aC
thia Project.
6. Mnve Pwr IbrreboJd . Tbe obliptiom of the Participuta bw d lboaJd
become effective u of January 1, 1996, reprd)w oft.be dat.e af Pla1ic:ipmf1
aecution and delivery of tbia Agreement.
7. Mi1ce))an19u1.
a. Eptiq Aanommt. 'l'hil Agreement repreaentl the mtire iDt.ep'ated
qreement amonc the Partiee with n,apect to the matt.era Nt forth therein
and npenede all prior neaotiatiom, repreNDtatiou or qnmaeDta
reapec:tmc thole matt.en, either written or oral.
b . Alnmdmmt yd Mqdjfjqtign. Amendmenta or modificatiom to tbia
Agreement may be made only by unanimoua qniemmt af all the Partiel,
or aubltituted lllip-. lipatory to any of the COUDterplrta benof and
lhall be evidmced only by a written inltrummt authorised and aecuted in
the 1ame manner u tbia Agreement.
C. Sa)g yd A•mmrnenta. A Puticipant may not ..n. leue, pledp or uaip
any righta it may acquire Mreuild• to any mtlty not a Party to tbia
Agreement (other than to that partidpanfa corpontie 111__., or to any
intergovernmental authority or other ~tal entity eatablilhed
in put for the benefit of IUCb putieipant) witboat the UDIDimOUI approval of
all the then Parti• to tbia Asr-mt.
d . Ymu&@ . Venue for the trial of any actiaD ariaiq oat of any diapute
hereunder lhall be in the Diatrict Court in and far the State of Coloraclo.
e. Sexeuhility. If for any NUOD any portioa afthia Asr-mt ii deemed
invalid by a Court of competent juriadicticm, u violatinc the Coaatitutioa of
the State of Colorado or law limitin, the authority of any af the Putiee
hereto, the remlininc portiom of tbia A,reemeat ahall NmaiD in full force
and effect.
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IN WITNESS WHEREOF, tbia Agreement, comiatiDf of multiple counterputa, all
identical aCllpt M to the CODtributioD of each Participant bu been eucut.ed OD behalf' al the
City al En,lewood, Colorado u of the day and year 6nt above written, notwitbatandiq the
date Mt forth below under the Puticipult'a aipature block.
PARTICIPANT
CITY OF ENGLEWOOD
'lbomu ,J. Burm, llayor
ATTEST:
Loucrishia A. Ellia, City Clerk
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IN WITNESS WHEREOF, tbia ,\p'eement, c:omisting of multiple counterparta, all
identical uc:ept u to the CCJDtributiaD of each Participant bu bNn uec:uted on behalf of the
City of Englewood, Colorado u of the day and year fint above written, notwit.batancliD the
date aet forth below under tbe Participant'• aipature block.
PARTICIPANT
CITY OF ENGLEWOOD
Tbomu J. Bums, Mayor
ATTEST :
Loucriahia A. Ellia, City Clerk
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COUNCIL COMMUNICATION
Data Agendabm Subject
March 18, 1998 Resolution transferring funds to
11 af the Fund
lnlliatad By Staff Source
Financial Services rtment Frank Oil'Ktor
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
This action wlU transfer and appropriate funds for c:apital projects identified in the Five Yw Capital
Plan. The funds will be expended out of the Capital Projects Fund. The Public Improvement Fund
was created as part of the original City Charter on July 8, 1958. On July 10 and July 24, 1995 City
Council reviewed the Five Yur Capital Pia\. The Council approved the 1998 budget on financial
reading on November 6, 1995. Council lldoptlld a biH for an ordinance creating the Capital Projects
Fund (CPF) on first reading on March 4, 1998.
RECOMMENDED ACTION
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Staff recommends Council approve this resolution transferring funds to, and appropriating funds in the
Capital Projec:ts Fund.
BACKGROUND, ANALYSIS, NE AL TERNATNES IDENTFIED
During 1995 staff developed a Five Yw Capital Plan (FYCP). As the FYCP WU developed, staff
rulized that a separate fund would be reqund ID track projects that do not tit the types of projects
that .. ac:counllld for in the Public I~ Fund. The Capital Projec:ts Fund r9Celves funds
from ott. governmental funds (e .g. General Fund, Donors Fund, etc.). This fund is nated as •
"sub-fund" of the Public-Improvement Fund, so b budget wil be based on • "project-length" buis.
Projec:ts that span years will only need to be appropiiallld In the Initial budget year
This rnolution, if approved transfers $18,000 from the Donors Fund. The 1DIIII appropriation in the
Capital Projec:ts Fund will be $287,600. The 1998 Budget previously approved $289,600 in transfers
for capital projects so a transfer is not nec:essa,y.
FINANCIAL IMPACT
This action will not have a financial impact u the funds..,. pr9Yiously budgeted. The total
appropriation for the CPF is $287,600.
UST OF ATIACHMENTS
Copy of resolution
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RBSOLUTION NO. tJ_
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A DSOLtmON AIIBNDING 1'118 ..JI M>VBD 1111 iiUDOB'1 AND APfaonlA'l'DIG
IIONIBS POR TD CITY OP BNGLBWOOD, OOLOIW>O.
WHEREAS, the City Council of the City of Englewood, Colorado, deairee to make certain
c:hanps to the 1996 :Annual Budget; and
WHEREAS, a Five Year Capital Plan wu developed and ia treated aa a 111~fund of the
Public Improvement Fund; and
WHEREAS, the Capital Projects Funda budget will be baaed on a project-length buia;
and
WHEREAS, the projects that IJ)8D yean will only need to be appropriated in the initial
budget year; and
WHEREAS, the total appropriatiOD in the Capital Projecta Fund will be $287,600; and
WHEREAS, tranafer of $18,000 ia requested from the Dooon Fund to tbe previoualy
approved $269,600 in the 1996 Budget from the General Fund for capital projecta;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OP THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Sw;tigp 1. The City of Englewood 1996 Budpt ia hereby ammded aa follows:
GENERAL FUND
ScNrcc pf Fvnde·
Donon Fund
General Fund
Uee of Funds ·
Capital Projecta Fund
Sw;tigp 2 . The City Manager and the Direc:tor of Financial Servicee an hereby
authorized to make the above cbanpa to tbe 1996 Budpt m the City • Eqlewood .
ADOPI'ED AND APPROVED thia 18th day of March, 1996.
ATTEST : Tbamaa J. Burm, llayor
Loucriahia A. Ellia, City Clerk
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I, Loucriabia A Ellis, City Clerk for the City of Bqlewood, Colando, .....,, cstify the
above ia a true copy of Reeoluticm No._, Seriee of 1996.
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General Fund
Total
Project 1• 1997 1• 1999 2000 2001 S~clfnl c, Hal Mqage P~ment 1'*"'5t 3,076 344 3,420
Lae PIIChase Oplcal Reconls Syslam 9,200 9,200
Fire CAD Syslam Lae 7,000 10,000 10,000 10,000 10,000 10,000 57,000 .... ~ Roof & Gl*9r Repairs-Various 16,000 15,000 22,000 53,000
RalloCERF 27,500 30,000 30,000 32,500 32,500 35,000 187,500
Hd War Tri Replace-Al C lly Facllles 9,500 9,500
Capet R8jkemenl-COIRI, Colli, FS, 10,000 7,000 17,000
Lbary Carpet Stal Antas 12,000 12,000
Pats Resmn Renovalons 16,000 17,600 19,300 21,200 10,000 84,100
Pats P111,p5 Replacemeli 10,000 8,000 10,000 22,500 10,000 60,500
Pats-Asplllll. Cllb & Guler Repairs 10,000 10,000 10,000 10,000 10,000 10,000 60,000 & I Plctic Shellar Roof Repails 5,000 5,250 5,500 5,800 21,550 l r 0 •
Welcome t> Englewood Sign 5,000 5,000
P ... .,.nl Adcllons & Renovalons 25,000 50,000 40,000 27,000 10,000 152,000
Pm Llndlclpe Renovalons 25,000 22,500 25,000 20,000 92,500
llnry Mlcdm/Flche Ecpprrllri 12,000 12,000 t,r;:, 7;
Gnge Doors-Fie Sllllans 10,500 7,000 5,000 22,500
llnry Cling & ~ Renovalon 70,000 70,000
llnry PIM: Fllristtlgs Replamall 48,500 46,500
I .. llnry SIii Flffllltlgs Repllcemn 20,000 20,000
Ccut Recaldng Ecpprrllri Repllcemn 7,000 7,000
Applance Repllcemn 6,500 7,700 14,200
Cowllt Mcd:mg SIIVelance Ecpprrllri 8,400 8,400
269,578 284,89' 185,800 160,500 90,200 55,000 1,025,770 -I
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COUNCIL COMMUNICATION
Daw
Marett 18, 1996
11 aii
INITIATED BY: STAFF SOURCE:
Subject:
Settlement Agreement and
Stipulated Order
Ultleton/Englewood Supervilory Committee Stewart Fonda, Utilities Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None .
RECOMMENDED ACTION
The recommended action is to approve by Oftlinance the Settlement Agreement and Stipulated Order between
the cities of Littleton and Englewood, and the Colorado Department of Public HNllh and Envlnlnment
concerning Colorado Pollutant Discharge System Permit effluent !imitation vlolalions for ammonia and chlorine
that occurred in 1992 at the Llltleton/Englewood Wastewater Treatment Plant.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The effluent from the Littleton/Englewood W8lleWaler Plant vlolllled permit conditions for ammonill from July
1992 through October 1992 and violated one dally umple for chloftne In Februllly 1992. The details of these
permit violationS were presented to Council at a joint •uc1y NUlon wllll the Llllleton Council In 1993. In
summary, the chlorine violation was due to operallonal error and the ammonill vlollltlons were the result of
•artup problems in the new ammonia removal proceu in.ailed in the Phase la construdlon project. These
ammonia removal process startup problems were l9IOlved in November 1992 and the process has performed
well since then . The operational enor was corrected and no further vlolatlons have occurred .
The CDPHE initiated enforcement adlon in 1993, inciudlng the IAIUment of a civil penalty for the violations .
Plant staff cooperated with CDPHE staff on the enforcement adlon and were able to take advantage of penalty
credits to reduce the amount of the penalty from over $500,000 to a finlll amount of 182,410. The credits
obtained were for:
Demonstration of good compliance history
Demonstration of timely and effective l'NIJOIIN to the conditions causing permit non,camplillnce
Demonstration of effective COfT9Clive action
Proof of response costs
Demonstration of no adverle impac:l on river water quality
Funding for several environmental projects wu pursued a an .. ematlve to the adminlltratlve penalty . The
projects and funding amounts are :
Big Dfy CINI! NmMnoloftwl TraMpOflallon and Cllwy Project· 1130,000 to a1i11 in the
construdion of a 'bike path' alOng Big Dry CINI! (portions In Ullleton and Englewood) thal inc:ludeS
riparian habitat rettorallon .
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llioaolida lle••~h -182,410 to Colorado Slate Unlvenlty to perform blOIOlidS l'IIINrCh in 1"8 at the
Kiowa and Bennett lites.
Nulrienl llanoval br Managed Aqulllc PIMla • 138,000 to L.andmartt Reclamlltion • suppol1ing
funding for. demolllbllliun projecl for ........ rwnoval from .........
The tolal COIi for the MWir'onmel1al prajeCls Is l230,410.
Two alematives wen, COlllidered:
1. Payment of penatty only • The penally amount could be paid dlredly to the general Mid of the -.. TIiis
altematlve would make a 1111811 con1r1bu11on to tile 11a1e general fund. This option does not benefit the
environment. does nol milt In the conltruction of the Ilg Dry CrNk projecl In Utllllton and EngklwoOd and
does not continue the blOIOllds l1INardl projecl.
2. Contest the lldmlnlstratlve penalty • The amount of the penally could be contead befor9 the WIiler Quality
Control Commllllon In an attempt to reduce or ellmlnale the penally. The CDPHE uff has follow9d their
policy on lldmlniltratlve penaltiN and lldjumnent downwanl ls nol problble. In llddltion, If the penalty wen,
IUbltantially reduelld, the EPA could Intervene and c:onduc:t their own enfolcement proclldunls, wlltl the
potential for. higher penalty.
PIIIANCIAL IMPACT
The cost of the envlnlnmelul prajeCls Is l230,410 and wlll be apll 50l!IO wlltl the City of Ullleton. rallllng In
S115,205 from NCtl c:ly'a -Mid. This amount Is nol lncludlld In the ,. bullgel and fundl .. avallable In
tile Engklwood ..........
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STATE OF COLORADO
Roy Romer. Govt-rnor
P.-i Shw.iyde-r, Actin, Executive Director
n..diu~d to pro<«~"I •nd impt0vin1 ~ he.ith Mid -,,,,,,_nt of the~ of Colorado
4100 Cherry Crttk Or . S.
Dmver, Coio,odo II0222-1S30
Phone 13031692-2000
March 4, 1996
Dennis W . Stowe
L•bou,to,y Building
4210(.11thA•enue
Oetwff. Colorado 80220-3716
(3031 691-4700
Littleton/Englewood Wastewater Treatment Plant
2900 S . Platte River Drive
Englewood, CO 80110
RE : Proposed Settlement Agreement and Stipulated Order
COPS Permit No. C0-0032999, Arapahoe County
Dear Mr. Stowe :
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ol Public flaldi
and~l
As per our telephone conversation. I have enclosed three unmarked copies of the last version of the
proposed settlement agreement . The names of the mayors for the cities have been added . Also. item 3
has been modified to indicate that the permit hu been extended .
As we are anxious to move forward on the issue of the settlement agreement. we request that a response
in the form of additional comments or the exectuted agreement be submitted no laler than Mardi 21,
1996 .
Your efforts in expediting this matter will be greatly appreciated.
Sincerely .. ~~
Domestic Unit Compliance Officer
Permits and Enforcement Section
WATER QUALITY CONTROL DIVISION
XC ' MS-3
ENCLOSURES
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ORDINANCE NO . _
SERIES OF 1996
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BY AUTHORITY
A BILL FOR
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE STATE OF COLORADO DEPARTMENT OF HEALTH AND
ENVIRONMENT, WATER QUALITY CONTROL DMSION, THE CITY OF
LITTLETON AND THE CITY OF ENGLEWOOD, COLORADO .
WHEREAS, the Littleton/Englewood Wutewater Treatment Plant operatee under
the Colorado Diacharge Permit System, permit number C0-0032999 which ia iNued by
the Colorado Department of Public Health and Environment; and
WHEREAS, the Littleton/Englewood Wutewater Treatment Plant violated its
Colorado Pollutant Diacharge System Permit iuued by the Colorado Department of
Public Health and Environment; and
WHEREAS , the effluent from the Littleton/Englewood Wutewater Treatment Plant
violated permit conditiona for ammonia from July 1992 through October 1992 and
violated one daily sample for chlorine in February 1992; and
WHEREAS, the chlorine violation was due to operatiaoal error and the ammoaia
violatiom were the result of ltutup problema in the new ammoaia removal ..-
inatalled at the Plant in the Pbue la comtructicm project and both problema bave
been reeolved; and
WHEREAS, aeveral environmental projec:ta were punued u an alternative to the
aclminiatrative penalty including the Big Dry Creek Non-motorized Transportation
and Greenway Project, the Biosolida Reeearch and the Nutrient Removal by
Managed Aquatic Plants; and
WHEREAS, the cost of these alternative environmental projec:ta ia $230,'10 which
lhall be split 50/50 between the City of Littleton ($115,205) and the City of Englewood
($115,205);
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
5ec;t:ipp 1. The intergovernmental a,reement between the State of Colorado
Department of Health and Environment Water Quality Control Division and the
Cities of Englewood and Littleton concernint Colorado Pollutant Diac:harp System
Permit effluent limitation violationa for ammonia and chlorine which occurred in
1992 at the Littleton/Enrlewood Wutewater Treatment Plant ii attached as "Eshibit
A".
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Sos:ticm 2. 1be iDterpvenunental a,rwment between the State of Colorado
Department of Health and Enviromnent Water Quality Control Diviaion and tbe
Cities of Eqlewoocl and Littlet.cm canc:enun, Colorado Pollutant Diac:barp 8,-t.em
Permit effluent limitation violatiom for ammoaia and cblorine which occarrecl iD
1992 at the Littleton/Enilewood Wutewatar Treatment Plant ia banby --,tm and
approved by tbe Enalewood City Council. The Mayor ia autboriud to aaeate and tbe
City Clerk to atte.t and aeal the A,reement for and GD babalf of tbe City al Eqlewood,
Colorado.
1998.
Introduced, read Ul full, and palled CID !nt readiq CID tbe 18th clay of llarcb,
Publiabed u a Bill a a Ordimmce CID tbe 211t clay alllarcb, 1998.
ATTEST :
Loucriabia A. SW., City a.It
l, L1 s · I f; A. aia, City a.It aCtbe City al ........... Calando,--,
__ ................... ii a --aapy ala am far a Onllaam,
iaata C • • ..ie ia W.. _. ,_. _ lrlt ........ tbe 18111 daya(llardl, 1111.
La vd t · a A. 11:Dis
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EXHIBIT A
THE DEPARTMENT OF HEALTH
WATER QUALITY CONTROL DMSION
STA TE OF COLORADO
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SETTLEMENT AGREEMENT AND STIPULATED ORDER
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IN THE MATTER OF: CITIES OF Ll1TLETON AND ENGLEWOOD
WASTEWATER TREATMENT FACil..lTY
PERMIT NO. C0-0032999
ARAPAHOE COUNTY, COLORADO
J . David Holm. Director of and on behalfofthe Water Quality Control Division of the
Colorado Depanment of Health and Thomas Bums. Mayor of and on behalfofthe City of Englewood
and Dennis Reynolds. Mayor of and on behalfofthe City of Littleton. hereby agree and state as
follows :
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I . The Water Quality Control Division ("the Division"). a section within the Colorado
Depanment of Health has primary responsibility pursuant to§ 25-8-301 through 308, C .R .S. to enforce
the provisions of the Colorado Water Quality Control Act,§ 25-8-101 through 703. C .R .S.
2 . The Cities of Littleton and Englewood ("Littleton/Englewood") own a joint use wastewater
treatment facility ("the facility") located at 2900 South Platte River Drive in Englewood. Colorado.
3 . The facility is the subject of Colorado Discharge Permit System. permit number C0-
0032999 ("the permit"). The permit renewal became effective on January I. 1991 and is due to expire
at midnight January 31, 1996. at which time it was extended until another renewal is issued .
4 . The permit authorizes Littleton/Englewood to discharge effluent trom outfall 00 I A to the
South Platte River subject to specific effluent limitations and conditions.
5. On February 8, 1994 the Division issued a Notice of Violation and Cease and Desist Order
to Littleton/Englewood for violations of the permit. A copy of the Notice of Violation and Cease and
Desist Order is attached hereto as Exhibit A and is incorporated herein by reference .
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6. Littleton/Englewood did not file a request for a hearing to challenge the validity of the
Notice of Violation and Cease and Desist Order pursuant to§ 25-8-603, C.R.S .
7. In settlement of all issues associated with the Notice of Violation and Cease and Desist
Order, Littleton/Englewood and the Division agree to the terms set fonh below in paragraphs 8.
through 21.
8. Littleton/Englewood agrees to make contributions toward supplemental environmental
projects as follows:
a. $130,000 .00 contribution to the Big Dry Creek Non-motorized Transponation
and Greenway Project as described in Exhibit B attached hereto and
incorporated herein by reference . This contribution shall be earmarked
specifically for construction and not planning or design activities .
b. $38,000 .00 contribution toward completion ofa controlled demonstration
project on the biological nutrient removal by managed aquatic plants
as described in Exhibit C attached hereto and incorporated herein by
reference.
c . $62.410 .00 contribution to the Colorado State University earmarked for
costs associated with their biosolids research on Colorado dryland winter
wheat to be conducted during the 1996 growing/harvesting season as
described in Exhibit D attached hereto and incorporated herein
by reference .
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9 . Littleton/Englewood agree to provide to the Division evidence of the cash contributions as
set forth in item 8. above within ninety (90) days after the effective date of this Settlement Agree-ment
and Stipulated Order. For the purposes of this agreement. evidence of the cash contribution will
consist of an ordinance from the respective city allocating funds for the cash contributions in the
aggregate amounts and for the purposes described in item 8. above .
10. Littleton/Englewood agree that in the event they cannot provide evidence that any of the
S 130,000 .00 cash contribution. as listed in item 8.a., has been made, they shall pay a cash civil penalty
to the State of Colorado in the amount fS33,79S .OO In the event that the Cities present evidence that
some portion of the said $130.000 .00 cash contribution is made. the said cash civil penalty shall be
reduced by the percentage obtained by dividing the amount actually contributed. as indicated by the
evidence presented. by 130 .000 . Such payment shall be made within ninety (90) days after the
issuance ofan order for civil penalty .
11 . Littleton/Englewood agree that in the event they cannot provide evidence that any of the
$38.000 .00 cash contribution. as listed in item 8.b .. has been made. they shall pay a cash civil penalty
to the State of Colorado in the amount ofS 19.000 .00 . In the event that the Cities present evidence
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that some ponion of the said $38,000.00 cash contribution is made. the cash civil penalty shall be
reduced by the percentage obtained by dividing the amount actually contributed. as indicated by the
evidence presented, by 38,000. Such payment shall be made within ninety (90) days after the issuance
ofan order for civil penalty .
12 . Littleton/Englewood agree that in the event they cannot provide evidence that any of the
$62,410 .00 cash contribution. as listed in item 8.c .• hu been made. they shall pay a cash civil penalty
to the State of Colorado in the amount ofS31.205.00 . In the event that the Cities present evidence that
some ponion of the said $62,410.00 cash contribution is made. the said cash civil penalty shall be
reduced by the percentage obtained by dividing the amount actually contributed, as indicated by the
evidence presented. by 62.410 . Such payment shall be made within ninety (90) days after issuance of
an order for civil penalty.
13. Littleton/Englewood agree to complete the study on the biological nutrient removal by
managed aquatic plants and to submit the findings of the study to the Water Quality Control Division
by May I. 1997 . Littleton/Englewood funher agree that if they make the cash contribution for the
study but it is not completed or if the findings of the study are not submitted to the Water Quality
Control Division by May I. 1997, a cash civil penalty in the amount ofSl9.000 00 will be paid by
Littleton/Englewood by June 15. 1997 .
14 . Littleton/Englewood agree that the ponion of the Biosolids Research on Colorado Dryland
Winter Wheat study which the contribution applies to will be performed over the 1996 growing/
harvesting season and funher agree to submit the results ofthis study to the Water Quality Control
Division in a technical repon by May I. 1997. Littleton/Englewood further agree that if they make the
cash contribution but the technical repon on the findings of the study performed during the 1996
growing/harvesting season is not submitted to the Water Quality Control Division by May I. 1997, a
cash civil penalty in the amount ofS31.205 .00 will be paid by Littleton/Englewood by June 15. 1997 .
15 . Littleton/Englewood agree that if they make the cash contribution but construction of the
Big Dry Creek Non-Motorized Transponation and Greenway Project has not begun by December 31.
1996. a cash civil penalty in the amount of $31.205 00 will be paid by Littleton/Englewood by January
15. 1997 .
16 . The Division agrees that once the actions described in items I through 15 of this
Settlement Agreement and Stipulated Order are completed . the Notice and Order of February 8. 1994.
will be assigned a closed status .
I 7. Littleton/Englewood agree not to exercise their right to appeal the civil penalties as
described in paragraphs IO . through 15 . to the Colorado Water Quality Control Commission pursuant
to ~ 25-8-608. C.R .S .
18 . Once Littleton/Englewood and the Division sign the Settlement Agreement and Stipulated
Order and the thiny (30) day public notice comment period elapses. the Division will petition the
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Executive Director, or her designee. to approve this Settlement Agreement and Stipulated Order and
to issue and Order for Civil Penalty imposing the stipulated civil penalties that Littleton/Englewood,
hereby agree to pay in the event that any of the circumstances set fonh above in paragraphs 10 .
through l S transpire .
19 . Littleton/Englewood agree that this Settlement Agreement and Stipulated Order hu the
same effect and force as a final Cease and Desist Order or Clean-up Order issued pursuant to § 2S-8-
606, C.R.S. and that violation of any term contained herein is subject to action under § 2S-8-60S to 2S-
8-608, C.R.S.
20 . This Settlement Agreement and Stipulated Order becomes effective upon the issuance of an
Order for Civil Penalty by the Executive Director, or her designee .
21 . If the Executive Director. or her designee. fails to approve the Settlement Agreement and
Stipulated Order and impose the penalties u stipulated herein. this Settlement Agreement and
Stipulated Order shall be rendered null and void and ofno effect . Littleton/Englewood and the
Division shall then be entitled to exercise any and all rights. options. procedures or appeals u
authorized by law .
ThomuBums
Mayor
CITY OF ENGLEWOOD
J. David Holm
Director
Date
Date
WATER QUALITY CONTROL DIVISION
Dennis Reynolds
Mayor
CITY OF LITTLETON
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COUNCL COMMlNCATION
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March 18, 1998
11 aii1
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Subject
Resolution for waler rate
inc:reue for Alen Flier Plant
Improvements
INITIATED BY
Utilities Department
STAFF SOURCE
Stawart H. Fonda, Dnc:tor of Utlliliu
COUNCIL GOAL AND PREVIOUS COi.iNCL ACTION
Resolution No. 88, November 20, 1989 wu the last walilr rate incruM. The c:unent inause
provides revenues to build faclllties needed 10 meet future Federal raqunments and provide
additional treatment plant improvements for the removal of certain pathogens.
RECOMMENDED ACTION
The Englewood Water and S.W., Board recommended, at their Man::h 12, 1999 meeting, Council
approval of the propoMd resolution which lncnaMS .... raliN lo Mid a major capllal impro¥9ment
program. The incteues in waler services c:hargel .. 9.~ on .My 1, 1998, 9.~ on January 1,
1997, 8 .0% on January 1, 1998 and 8.0% on January 1, 1999.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTFIED
Changes in Federal regulations and the ina'Nslng ltnal of giarda and aypaporldlum
contamination have made it nec:asa,y for the City ID add addllional trNlment pn)CNW 10 its water
trutment plant. VVhlle the Alen Plant la currently operating at Ill optimal effic:ieney, It may not fflNt
the new requirements. Along with inc:ruslng the safety of the traat8d water, the upgradea may also
Improve the taste and odor of the water. The City also would like to start a program 10 clNn and
improve the water mains in the strNts of Englewood, and 10 incruM It's raw water supply. A rate
increase is necessary to fund these Improvements.
Camp, Dresser & McKee, Inc., (COM), completed a r9POft on the exlltlng water trutment fllcllitiel of
the City . It was their opinion that the City of Englewood la cunw,lly meeting al drtnldng war
regulations . Nevertheleaa, public CGnC*I\ over waler quality 11-... such a c:,yplOaportdlL and
giardia, together with the requirement to fflNt incrNaingly ltrliigent l'9glllalions rw,lling fram the
1986 Safe Drinking Water Act Amendmenll have pn,mpl8d eva1u1111on of tw cunn wa11r trulment
facilities .
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A water plant treating surface water is required to provide IUt'ficient treatment to insunt a given
percentage removal of organisms. The removal can be achieved by a combination of water treatment
processes such as flocculation/sedimentation and filtration and/or disinfection.
The Allen Filter Plant is currently classified u a dil'9d filtration plant, meaning that there is no cndlt
given to the physical removal process for tlocculation and sedimentation. As such, the planfs filters
are truly the only recognized physical proceu barrier for the rwnoval of organisms such as giardia.
To compensate for this defic:ieney, It is necessary to incrNse the dosage of chlorine to achieve the
required removals. Water utilities that use disinfection with chlorine have an added concern in that
chlorine reacts with a naturally occurring organic matter in the wat9r to form disinfection byproducts
which are regulated by the Disinfection, Disinfection By-products Rule (DIDBP Rule).
The addition of the flocculation/sedimentation process, resulting in a ful "conventional" treatment
would maximize the physical removal of polential waterborne disNse-carrying organisms. This
addition to the Allen Treatment Plant will also ,-quire that other changn be made in r-, water
handling facilities, sludge handling facilities and backwash facilities .
The second major process modification necessary is the upgrading of the planf s filters. The original
filters were constructed in 1952. The filter media was l'9J)laced with new sand-only media in 1992.
The filters have the original filter bottoms, troughs and conlrola as installed in 1952. The north filters
are used sparingly -only when necessary to meet peak summer demands. The south filters,
constructed in 1981, were installed with dual media : anttvactt. coal and sand with men modem
components . The south filters are the "wortt horM" filters of the Plant. It is NCOIMlended that the
dual media in the south filters should be evaluated and, If necessary, replaced. The north filers
should be upgraded with new dual media, filter bottoms, troughs and controls and surface wash and
turbidlmeters should be installed.
The third process modification wlll be year-round solids handing faclltiea . Cunnlly, the faciltiH ..
able to be operated susonaly during the SL'ffl1Mf' manlhl. Wilh the conatruc:tion of tloc/Nd, it is
anticipated that the seasonal operation can continue, but it is likely that a yur-round solids handing
facility will be required .
The above modifications are considered necessary di.-to the ttnat to raw water quality from the
incrNsed urbanized enviloiiment. WastNatere""*1t ftowwlll incnase in the South Platte River
upstream of the City's water intake at Union Avenue. Urban runoff from streets and other sources has
the polential to ~ impact water quality in both OW City Ditch and the South Platte River.
FINANCIAL.IMPACT
Attachment #2 is a report on financing planned waw syam Improvements by Public Finandal
Management, Inc. The report recommends incnases to water service charges of 9.0% on July 1,
1996, 9 .0% on January 1, 1997, 8.0% on January 1, 1998 and 8.0% on January 1, 1999. These
increases compound to a total inc:ruse of approximately 38.8%.
The report presents cash tlowa that demonltrate adequate revenues are produced to issue revenue
bonds to finance OW construction of the 110,800,000 capital improvement program usuming the
construction bids do not exCNd OW •iglnN(..',g eltirnMel of cost and lnler9lt raaa do not incrNH
dramatically before bonds .. issued. The cash flows lndical8 that Uli,g short tann flnandng IO delay
bond iuuance until 1999 is advantageous I.,..,_. raaa do not ina'NM men than 1'11. .
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Date
March 18, 1996
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COUNCILCOMMUN~ATION
Agenda Item
11 aiii
Subject
Resolution for water rate
increase for Allen Filter Plant
improvements
INITIATED BY
Utilities Department
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Resolution No. 66, November 20, 1989 was the last water rate increase. The current increase
provides revenues to build facilities needed to mHt future Federal 1'9quirements and provide
additional treatment plant improvements for the removal of certain pathogens.
RECOMMENDED ACTION
The Englewood Water and Sewer Board~. at their March 12, 1998 meeting, Council
approval of the proposed resolution which incrNMs water rates to fund a major capital Improvement
program . The increases in water services charges .. 9.0% on July 1, 1996, 9.~ on January 1,
1997, 8 .0% on January 1, 1998 and 8.0% on January 1, 1999.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Changes in Federal regulations and the inauling threat of giardia and c:ryptosporidiu
contamination have made it necessary for the City to add additional lrNlment proceues to its water
treatment plant. While the Allen Plant ii a.rT9ntly operating at Its optimal efficiency, It may not meet
the new requirements . Along with increasing the w.ety of the treatad water, the upgrades may also
improve the taste and odor of the water. The City also would like to start a program to clean and
improve the water mains in the strNts of Englewood, and to ina'NH it's raw water supply. A rate
increase is necessary to fund these improvements .
Camp, Dresser & McKee, Inc., (COM), complated a report on the existing water treatrnent facilities of
the City . It was their opinion that the City of Englewood Is cunwnlly fflHling al drtnklng water
regulations . Nevertheless, public concem over water quality luues such as c:ryplOlpOridium and
giardia, together with the requirement to meat inc:rNsingly Itri! igent regulations rnultlng from the
1986 Safe Drinking Water Ad Amendmenta have promptN evaluation of the current water treatment
facilities .
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It ii anticipated that periodic reviews of the financial plan and ....._ ra1N wil be pra 11nllc:I IO
Council until the bonds .. lldualy luued.
UST OF ATTACHMENTS
1. Reaolutlon
2. Public Financial Management, Inc Report
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RBSOLtn'ION NO. fL
1111:111180,-
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A ltB80UJTION BST.ABLISIIING PD SCIIBDUUIS POil WA'l'D SBRVIC&.
WHEREAS, Resolution No . 66, Series of 1989 wu the lut wat.er rate inc:nue; and
WHEREAS, the propoeed increase provides revenues t.o build facilitiel needed t.o meet future
federal requirements and provide additional treatment plant improvements for the removal of
certain pathogens; and
WHEREAS, changes in federal regulations and the increuinr threat of pardia and
cryptosporidium contamination have made it ~ for the City t.o add additional treatment
proceeN8 to its water treatment plant; and
WHEREAS, the Allen Plant is currently operating at its optimal efficiency, but it may not meet
the new requirements; and
WHEREAS, along with increuing the safety of the treated water, the UJICr&des may also
improve the taste and odor of the water; and
WHEREAS, the City alao would like t.o start a program t.o clean and improve the wat.er mains in
the etreeta of Englewood and t.o increase it'• raw wat.er aupply; and
WHEREAS, a rate increue is n-.ry to fund theee improvements; and
WHEREAS, the propoaed increase in water eervicea charpa are 9 .0'I> on July 1, 1996, 9 .0'I> on
January 1, 1997, 8 .0'I> on January 1, 1996 and 8.0'I> on January 1, 1999; and
WHEREAS, the Englewood Water and Sewer Board recommended, at their March 12, 1996
meeting, approval of the propoaed reeolution which in-water rat. to fund a mltjor capital
improvement program;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Sedigp l. Rates No .I and 2 • (Flat Rate and Metered Service) lnlide City; and Rate No . 3
(Metered Service) Outside City, are eetabliabed for the period beginning July l, 1996 u follows :
RESIDENCE RATES ·
Facility
BA'DNQ,l
JN8IDB CITY FLAT BAD SAYJCE
JglyLJMS
OUARTERI,Y RATE
1-3 Room• ....................................................................................... .
•-5 Rooms ...................................................................................... ..
6-7 Rooms ....................................................................................... .
8-9 Room, ....................................................................................... .
Each Additional 2 Room, Over 9 ............................................................. .
Bath ............................. : ................................................................ .
Bath and Shower ................................................................................ .
Separate Shower ................................................................................ .
Water Closet .................................................................................... .
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$7.68
$9.61
$11.17
$12.38
• uo
$ 7.70
$ 7.70
S 7.70
• 7.8'
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Automatic Washer ............................................................................. .
Dishwasher ..................................................................................... .
Garbage Disposal .............................................................................. .
1 or More Automobiles Per Family .......................................................... .
IRRIGATION RATES ·
•
$ 3 .68
$ 4.20
$ 2.81
$ 3 .68
Per front foot of property . ........ ........... ....... ...... .......... ....... .. .............. $ 0.3'15
(normal depth tracts -125 to 133 feet)
Per square foot of property .. .............. .......... .. .................... ............ .. . . $ 0.0027
(odd, irregular, over or undersized tracts)
RA'l"E NO, a
<Met.end Senice) INSIDE CDY
Drec,llw July 1, 1888
AVAILABILITY: Available to conaumen on meten taking service inside the corporate limits of
the City of Englewood, Colorado, as of July 1, 1996.
APPLICABILITY: Applicable for residential, commercial and industrial eervice u set forth
under the Rules and RegulatiODB adopted by the City Council and u amended from time to time.
Fint
Over
METER SIZE
5/8"
3/4"
l "
1-1/4"
1-1/2"
2"
3 " ,.
6"
QUARTERLY
QUARTERLY USAGE
(GALLONS)
RATE
PER 1000 GALLONS
400,000
400,000
QUARTERLY
$ 3.30
$ 3.52
$32.34
$40.57
$61.81
$97.18
$179.70
$297.60
$567.53
$1.27
$0.79
IQNllOJN tBABQIS
USAQI INCLJIDED IN IIINDIUM
RUJ, <1 000 Qellme>
None
None
Zl
31
Ci
'12
135
Zl5
415()
BADNQ.I
<ll1hnd Senice) Ol1l'lllDB CDY
IIBldlwe.Jaly 1, 1111
AVAILABILITY : Available to CODBumen on meters taking lel'Vice outeide the corporate limits of
the City of Englewood, Colorado, u of July 1, 1996.
APPLICABILITY: Applicable for residential, commercial and induatrial lervice u Ht forth
under the Rules and Regulations adopted by the City Council and u amended 6-time to time.
Fint
QUARTERLY
QUARTERLY USAGE
(GALLONS)
400,000
2
RATE
PER 1000 GALLONS
$1.78
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MEIER SIZE QUARTERLY
5/8" • 3.33
3/4" $ 3.57
l" $43.90
1-1/4" $55.38
1-1/2" $84.90
2" $134.13
3" $2'8.99
4" $413.08
6" • '197.80
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$1.27
MJNIMUM CHARGES
UMQE INCLUDED IN MJNl¥UM
BUJ, 0 QOO Gt11m•l
None
None
72
21
45
'1'l
135
225
4liO
PAYMENT: All billa are due and payable upon receipt of same and become delinquent 30 (thirty)
clays after elate of bill.
All requirements relative t.o met.en llhall be in accordance with the Rules and RegulatiODI
of the Water Department. No bill will be rendered for-ter while _.vice ia abut off at the curb
bo:a:.
CHARGES FOR MATERIALS:
CorporatiOD St.ope
Meters:
5/8":a:3/4"
314•
l"
1-1/2"
2" and over
All other materiah
FIRE PROTECTION SERVICE·
Ca) Hydranta (private) Neb.
Cb) Hydranta (public) Neb.
First 100
Ne:a:t 100
All over200
Invoice coat plua 20'I>
Invoice coat plua 20'I>
Invoice coat plua 2C)'I,
IDvoice coat plua lO'I>
lnwice coat plua lO'I,
lnwice coat plua K
lnwice coat plua lO'I,
MONTHLY CHABGB
JNSIDI CITY OJ1TSIDI CITY
14.611
7.32 ..
2.0
3
17.07
9.75
7.32
4.89
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Section 2 . Rates No .land 2 • (Flat Rate and Metered Service) Inside City; and Rate No . 3
(Metered Service) Outaide City, are eetabliahed for the period beginning January 1, 1997 as
follows :
RATENO.t
JMPPE CITY ft.AI RATE HBYJCE
rJeneer L lM7
RESIDENCE RATES· QJJABTEBJ,X RATE
Facility
1-3 Rooms .................................................................................... .
4-5 Rooms .................................................................................... .
6-7 Rooms .................................................................................... .
8-9 Rooms .................................................................................... .
Each Additional 2 Rooms Over 9 .......................................................... .
Bath ........................................................................................... .
Bath and Shower ............................................................................ .
Separate Shower ............................................................................ .
Water Clo1et ................................................................................ .
Automatic Washer ......................................................................... .
Dishwasher ................................................................................. .
Garbage Di1po1al .......................................................................... .
1 or More Automobile• Per Family ....................................................... .
IRRIGATION RATES ·
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$8.37
$10.47
$12.17
$13.49
• 1.52
$ 8.39
S 8.39
S 8.39
• 8.55
$ 4.01
$ 4.58
$ 3.06
$ 4.01
Per front foot of property ... . ..... .. ......... ..... .. ... . . ..... ..... ................. ...... .. $ 0.3723
(normal depth tracts • 125 t.o 133 feet)
Per square foot of property .... ... . .......... ..... .... ..... .. ..... ................... ....... $ O.OO'a
(odd, irregular, over or undenizecl tract&)
JL\'IZNQ.I
(111t 1nd 8ankle) ll'&IJB CDT
Blllladtw J MW)' 1, IN7
AVAILABILITY : Available t.o conaumen on meten takinc aervice inside the corporate limit& of
the City at Englewood, Colorado, u at January 1, 1997.
APPLICABILITY: Applicable for residential, commen:ial and induatrial Nrvice u aet forth
under the Rulea and RegulatiODB adopted by the City Council and u amended from time to time.
QUARTERLY
QUARTERLY USAGE
<GALLONS)
RATE
PER 1000 GALLONS
Firlt 400,000
Over 400,000
METER SIZE QUARTERLY
5/8"
3/4 "
• 3.&9
• 3.84
$1.38
$0.86
MJNJMJJM CUABQES
USAQE INCYIQEQ IN IIINDWN
4
BDJ (1 goo GtJJme>
None
None
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1-1/4"
1-1/2"
2·
3•
4•
6"
$35.25
$44.23
$67.37
$106.92
$195.87
$324.38
$618.61
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BUBNQ.1
(II I I eds.nice) OlfflllDB Cr1Y
Jallidiw.,__,.1, 111'7
AVAILABIL1TY: Available to CCJDSWDen OD met.en taking Nl'Vice out.aide the corporate limits of
the City of Englewood, Colorado, aa rA January l, 1997.
APPLICABIL1TY : Applicable for residential, commercial and induatrial aervice aa set forth
under the Rules and Replationa adopted by the City Council and aa amended &om time to time.
Fint
Over
QUARTERLY
QUARTERLY USAGE
(GALLONS)
400,000
400,000
RATE
PER 1000 GALLONS
$ I.IN
$1.38
MINIMUM CHARGES
METER SIZE QUARTERLY
5/8"
3/4"
1·
1-1/4"
1-1/2"
2·
3•
4•
6"
$ 3.63
• 3.89
$47.85
$60.36
$92.55
$146~
$271.40
$"50.26
$889.60
JJSAGE INCLUDED IN unmru:u
BPJ, <1 ooo r-ellme>
None
None
zz
31
45
'l'l
135
225
450
PAYMENT : All billa are due and payable upon receipt of-e and~ cleliaqumt 30 (thirty)
days aft.er date of bill .
All requirements relative to met.en llhall be in accordance with the Bulee and a.,ulatiom
of the Water Department. No bill will be rmdered for water while -.ice ia abut a« at the curb
box.
CHARGES FOR MATERIAi$:
Corporatioo St.ops
Meters:
5/8":13/4 "
3/4"
1 ·
1-1/2"
2" and over
All other materiala
5
Invoice coat plua 20'lf,
Invoice coat plua 20'lf,
Invoice coat plua 20'lf,
InYOice coat plua 101'
Invoice coat plua 101'
Invoice coat plua 5.,
Invo6ce coat plUI 101'
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FIRE PROTECTION SERVICE ·
(a) Hydranta (private) each.
(b) Hydranta (public) each.
Firat 100
Nezt 100
All over 200
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MONTHLY CHARGE
INSIDE CITY OUTSIDE CITY
15.95
7.98
5.33
2.65
18.61
10.63
7.98
5.33
Sectigp 3 . Rates No .l and 2 · (Flat Rate and Metered Service) lnaide City; and Rate No. 3
(Metered Service) Outaide City, are eatabliabed for the period beginning January l, 1998 u
follow,:
ll,\TIN0,1
Pl8IDE C1JY D.6T IL\'l"B SEBYJCJ:
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RESIDENCE RATES · QUARTERI,Y RATE
Facility
1-3 Roome .................................................................................... .
4-5 Rooms .................................................................................... .
6-7 Rooms .................................................................................... .
8 -9 Rooms .................................................................................... .
Each Additional 2 Rooms Over 9 ......................... : ................................ .
Bath ........................................................................................... .
Bath and Shower ............................................................................ .
Separate Shower ............................................................................. .
Water Closet ................................................................................. .
Automatic Washer .......................................................................... .
Dishwasher .................................................................................. .
Garbage Disposal ........................................................................... .
1 or More Automobiles Per Family ....................................................... .
IRRIGATION RATES ·
$9.04
$11.31
$13.14
$14.57
• 1.65
$ 9.06
$ 9 .06
$ 9 .06
• 9.23
• 4.33
• 4JN
• 3.30
• 4.33
Per front foot of property .............................................................. .
(normal depth tracta • 125 to 133 feet)
Per square foot of property ............................................................ .
$ 0.4021
$0.0031
(odd, irregular, over or undenized tracta)
BADNQ.I
<Net 1nid Senlce) 1N111DE Cffl'
...... J 1111'17 I. 1111
AVAILABILITY: Available to conaumen on meten takin& aervice inaide the corporate limita of
the City of Englewood , Colorado, u of January 1, 1998.
APPLICABILITY : Applicable for reaidential, commercial and induatrial aervice u aet forth
under the Rulea and Regulationa adopted by the City Council and u ammded from time to time.
QUARTERLY
QUARTERLY USAGE
6
RATE
PER 1000 GALLONS
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(GALLONS)
First 400,000
Over 400,000
METES SIZE Ql.Ib.BIEBLI:
5/8" $ 3.88
3/4" $ 4.15
l" $38.08
1-1/4" $47.76
1-1/2" $72.76
2" $114.40
3" $211.M
4" $350.33
6" $868.10
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$U9
$0.93
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MJNIMl.IM CH,UQES
J.JMGE INCLlIDED IN MJNIMJJM
Bill, U QOO GaJJcm•l
None
None zz
28
45
"l2
135
Z!5
411()
AVAILABILITY : Available to consumen on met.era taking aervice outaide the corporate limit.a of
the City of Englewood, Colorado, u of January 1, 1998.
APPLICABILITY: Applicable for residential, commercial and induatrial aervice u aet forth
under the Rules and Regulations adopted by the City Council and u amended from time to time.
QUARTERLY RATE
QUARTERLY USAGE PER 1000 GALLONS
(GALLONS)
First 400,000 $2.10
Over 400,000 $1.49
MINJIIUII Cff6BQF.S
MEIEBSIZE Qll.6.BIEBL:r LI&AGE INCJdlDID IN MlNIUUM
BU.I. ,1 ggg Gallaa1l
5/8" $ 3.9'l None
3/4" $ 4.2n None
l " $51.68 zz
1-1/4 " $65.19 28
1-1/2" $99.95 45
2 " $157.90 "l2
3 " $293.11 135
4 " $486.28 Z!5
6" $939.17 411()
PAYMENT: All bill• are due and payable upon ..-ipt of aame and become delinquent 30 (thirty)
day• after date of bill .
,._
All requirementa relative to met.en abal1 be in ~ with the Rulea and Rerulationa
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of the Water Department. No bill will be rendered for water while aervice ia abut off at the curb
box.
CHARGES FOR MATERIAi$:
Corporation Stops
Meters:
5/8"lt3/4"
314•
1·
1-1/2"
2" and over
All other materials
FIRE PROT£CTIQN SEBYJCE·
(a) Hydrant& (private) eKh.
(b) Hydrant& (public) -ti.
Fint 100
NatlOO
All over200
Invoice coat plua ~
Invoice coat phu ~
Invoice coat plua ~
Invoice coat plua 10..
Invoice coat plus lO'li
Invoice coat pbu 5'lf>
Invoice coat phu 10..
MQNTHLX CHARGE
PismE CITY OUTSIDE CITY
17.22
8.61
5.75
281
20.10
11.48
8.61
5.75
Sec;tigp ,. Rates No .1 and 2 -(Flat Rate and Metered Service) Inaide City; and Rate No. 3
(Metered Service) Outaide City, are establiahed for the period bepminc January 1, 1999 u
follows :
IL\DNQ, l
JNBQp; cm:DA'tMD P1IYICI
I +PW
RESIDENCE RATES · QQABIEBI,X RATE
Facility
1-3 Room• ...................................................................................... .
4-5 Room• ...................................................................................... .
6-7 Room• ...................................................................................... .
8-9 Room• ...................................................................................... .
Each Additional 2 Rooms Over 9 ............................................................ .
Bath ............................................................................................. .
Bath and Shower .............................................................................. .
Separate Shower ............................................................................. ..
Water Cloaet .................................................................................. .
Automatic Wa1her ........................................................................... .
Di1hwa1her ................................................................................... .
Garbage Di1po1al ............................................................................ .
1 or More Automobilea Per Family ........................................................ .
8
$9.76
$12.21
$14.19
$15.73
$ 1.78
$ 9 .79
$ 9 .79
$ 9.79
• 9.97
• 4.61
• 5.34
• 3..57
• 4.87
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IRRIGATION RATES ·
Per front foot of property . . . ... . .. .. . . ..... .. . ... ... .. . . ... . . ... . . .. .. ... . ... . . .. ..... .. ... $ 0.4342
(normal depth tract.a • 125 to 133 feet)
Per square foot of property ... .. ... . .... ....... ... .. ... .. . ... ..... ... . .......... .. ... .. ... . $ 0.0034
(odd, irregular, over or undersized tracts)
BA1J!NO,I
<Metered Senioe) INSIDE CITY lmeetiw.,_,. I. ...
AVAILABILITY : Available to consumers on meters taking aervice inside the corporate limits of
the City of Englewood, Colorado, 88 of January l, 1999.
APPLICABILITY: Applicable for residential, commen:ial and industrial aervice 88 set forth
under the Rules and Regulations adopted by the City Council and u •-ded from time to time.
First
Over
QUARTERLY
QUARTERLY USAGE
(GALLONS)
400,000
400,000
RATE
PER 1000 GAlLONS
$1.61
$1.00
MINIMUM CHARGES
METER SIZE QUARTERLY USAGE INCLJIDED IN MmU411ll
BIIJ, U OOQ GeUou1}
None 5/8"
3/4"
l"
1-1/4"
1-1/2"
2"
3"
4"
6"
$ 4.19
$ 4.78
$41.12
$51.58
$78.58
$123.55
$228.47
$378.36
$721.55
None
22
28
45
72
135
225
450
IADNQ.1
<Metered Senioe) OUl'lillDE CITY
Drediw .,_,. I. 1111
AVAILABILITY : Available to consumers on met.en taking Nl'Vice out.ide the corporate limits of
the City of Englewood, Colorado, 88 of January l, 1999.
APPLICABILITY: Applicable for residential, commercial and industrial aervice u eet forth
under the Rules and Regulations adopted by the City Council and u amended from time to time .
First
Over
QUARTERLY
QUARTERLY USAGE
(GALLONS)
400,000
400,000
9
RATE
PER 1000 GAlLONS
$2.26
$1.61
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METER S!ZE QUARTERLY
5/8" • 4.23
3/4" • '-54
1· $56.81
1-1/4" $70.40
1 -1/2" $107.!M
2· $170.53
3" $316.&6 ,. U21i.18
6" $1014.30
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MINIMUM CBABQM
USAGE INCLUDED IN MINUWM
BUJ., n ooo Qellm•>
None
None
22 • 45
'12
J35 -411D
PAYMENT: All bi1la are due and payable apan receipt al-and~ delinquent 30 (thirty)
days after date al bill.
All requirements relative to meters aball be in acc:ordance with the BuJea ud Reculatiam
of the Water Department. No bill will be rendered mr watw while .-vice ia abut off at the curl,
box.
CHARGES FOR MADRIAU>:
Corporation Stopa
Meters:
5/8"x3/4"
3/4"
1•
1-1/2"
2" ud over
All other materials
10
Invoice c:mt,plua 20'I>
lnvoica c:mt plua 20'I>
lnwice c:mt plua 20'I>
lnYGice c:mt plua lO'I,
lnwice c:mt plua lO'I,
lnwice c:mt plua 5'I,
lnwice c:mt plua lO'I,
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FIRE PROTECTION 5EBVJCE·
(a) Hydranta (private) each.
(b) Hydranta (public) each.
First 100
NatlOO
Allover200
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MONTHLY CHARGE
INSIDE CITY OUTSIDE CITY
18.60
9.30
6.21
3.09
21.71
12.39
9 .30
6.21
ADOPTED AND APPROVED this 18th day of II.arch, 1996.
ATTEST :
Loucriahia A. Ellis, Cit:, Clerk
...
I, Loucriabia A. Ellis, Cit:, Clerk for the Cit:, of Englewood, Colorado, hereby certify the above ia
a true copy of Rellolution No.~ Seriea of 1996.
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ORDINANCE NO.&..
SBRIBS OP 19118
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BY AUTHORITY
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COUNCIL BILL NO. 8
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE AMENDING TITLE 12, CHAPl'ER 18, SECl'IONS 2 AND 6, AS
WELL AS CHAPl'ER lD, SECTIONS 4 AND 5, OF THE ENGLEWOOD
MUNICIPAL CODE 1985 REGARDING MISCELLANEOUS WATER SERVICE
FEES.
WHEREAS, the propoeed amendments will result in inc:reuing the charges for
miscellaneous water aervice fees in the City of Englewood; and
WHEREAS, the propoeed fee inc:reaaes will help the Utilities Department lower
the number of delinquent accounts and recover the actual coeta of services
rendered; and
WHEREAS, the Englewood Water and Sewer Board reviewed these amendments
at their January 9, 1996 meeting and recommend adoption of the amendments;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
Sed;igp 1. The Englewood City Council hereby amends Title 12, Chapter 18, Section
2 of the Englewood Municipal Code, 1985, which shall read as follOWB:
12-J.B.Z: TAPPING AND CUTl1NG OFF IIIAINS:
A . The tapping of any main for the purpme of making a coanec:tioo shall he dooe
only by the Weter Di'Ni• CITY and at the apeme of the applicant. The
corporation valve inaert.ecl in the main and the Nffice pipe to be laid must he
of the size specified in the permit.
B . The cutting off &om mains may he performed by either a licenaed and bonded
plumber orb:, Willer Diuiai• CITY~-In the ffelltW....1Miai1a
CITY personnel perform the cutoi( a the.., ii• lie 11! EE •,u •. • .... el
ae,ea., &,e liellan !175.98~ will lie INe ...t ,-,aisle•-the "pli.raa41 A
CHARGE EQUAL TO THE CITY'S TIME AND MATERIALS WILL BE DUE
AND PAYABLE FROM THE APPLICANT. IF AN ABANDONED WATER
SERVICE IS NOT DISCONNECTED AT THE MAIN IN A TIMELY
MANNER, THE CITY MAY PERFORM THE DISCONNECTION AND
MAY CHARGE TIME AND MATERIALS AGAINST THE PROPERTY
EITHER THROUGH THE NEXT REGULAR QUARTERLY WATER BILL
OR BYLIEN.
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Section 2. The Englewood City Council hereby amends Title 12, Chapter lB, Section
6 of the Englewood Municipal Code, 1985, which shall read u follows:
12-lB-6: USER TO PROVIDE CURB S'roP:
Every owner of property using wat.er shall provide a curb stop with ••• WMet :: a,
A BALL VAL VE on the service pipe outside of his premises and protec:t.ed by a atop
box, by means of which the water may be turned on or off from the premilles by any
employeett of the \\TeMr 9i.illi• CITY, and shall maintain the aame in good
working order. The stop bo:s: shall be so maintained that at all times it will be
conveniently acceuible in good order for turning wat.er on and off with the cover at
the level of the adjacent ground. IF CITY PERSONNEL ARE REQUIRED TO
CLEAN OUT A PROPERTY OWNER'S STOP BOX, FOR WHATEVER REASON,
EITHER AT THE REQUEST OF THE PROPERTY OWNER, FOR AN
EMERGENCY OR FOR A DELINQUENT TURN.OFF; A FEE OF THIRTY
DOLLARS ($30.00) SHALL BE DUE AND PAYABLE BY THE PROPERTY
OWNER AND SHALL BE BILLED TO THE PROPERTY BY THE CITY WITHIN
TlilRTY (30) DAYS AFTER THE SERVICE HAS BEEN PERFORMED.
Section 3. The Englewood City Council hereby amends Title 12, Chapt.er lD,
Section 4 of the Englewood Municipal Code, 1985, which shall read as follows :
12-11)-4: DELINQUENT WATER BILLS:
Wat.er bills on met.ered rates and scheduled tlat rates become delinquent thirty (30)
days after the dat.e of billing AND SHALL BE ASSESSED A TEN PERCENT (lO'l,)
LATE FEE. Wat.er is subject to turn~ffwithout notice whenever a bill therefor bu
become delinquent; provided that the \\TeMF 9i.illi1111. CITY shall give a five (5)
working day written notice before actually turning off wat.er for nonpayment. Such
notice shall be effected by per110nal service or certified mail or registered mail,
return receipt requeated, to the owner or occupant of the premises for which the
charge is due. The obligation to pay promptly for water service is not in any way
affected by failure of the owner or occupant of the premises served to receive a bill
for the service.
Sectigp f. The Englewood City Council hereby amends Title 12, Chapt.er lD,
Section 5 of the Englewood Municipal Code, 1985, which shall read as follows :
12-11>-1: CBABGES FOR roRNING WATER ON AND OFF:
The \ltliliiie11 9epllfillle11.• CITY is authorized to chargefl¥e FIFTEEN dollan
(~15.00) for services rendered when A CUSTOMER SERVICE
REPRESENTATIVE VISITS A PREMISES TO TURN OFF THE WATER FOR
NON-PAYMENT. THE CITY IS AUTHORIZED TO CHARGE FIVE DOLLARS
($5 .00) FOR SERVICES RENDERED WHEN A CUSTOMER SERVICE
REPRESENTATIVE VISITS A PREMISES TO DELIVER A TURN.OFF NOTICE.
1rMer ill llltffleli eff .. .ate Fell'I• 11Uhe lieemu Ill'..._ a ,_.1mu -si1
uieiM tee pr!n i1e1 '8 lleliuer lhe Nl'll elf111ti11 er le lllnl ••"*'ill
eampliaaee ... .a. .ate l)IIFll.iai-afSeetiaa Y 19 a aflhia ,....,.,_ If water, WHICH
HAS BEEN turned off at the curb box by the W .... 9i,ili111. CITY, ia unlawfully
turned on again or IS cauaed to be turned Oil by the um', or if the waterway
controlling the service ia not readily acceuible, the service may be cut all at the
main by the Wa'9r 9i riai1111 CITY and, before the water shall be turned Oil apin,
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the U8S' -.iring the 1811l8 OD Aid pnmuN8 aball pay the coet and apmN of
turning Aid aenice off and on. and Yid coet aball ..._ adude acavatiOD and
street cut permita.
lntrodumd, read iD full, amended and paaaecl OD flnt readiDg OD the 4th day of
March, 1996.
Pubtiabed u amended u a Bill for an Ordinance OD the 7th clay of Ilardi, 1996.
Read by title and paaaecl OD final readiDg OD thel8tb clay ofllan:b. 1996.
Publiabecl by title • OntiDance No. __, SeriN of 1996, OD tbe 21.at day of lbrt:b,
1996.
Tbomu J. Bums, Mayor
ATTEST :
Louc:riabia A. Ellis, City Clerk
I, Loacriabia A. EDia, City Clerk of tbe City of BDclewood, Colando, .__,.
certify that tbe above and filreraml ia a tnle copy of the OntiDance puaed OD fiDal
readiDc and pubmbecl by title u OntinaDce No. __, Seriee of 1996 .
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BY AUTHORITY
OBDINANCB NO. /L
SIIBIBB OP 1111
COUNCIL BILL NO. 10
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE ESTABLISHING NEW CRITERIA FOR FLASHING TRAFFIC
SIGNAL OPERATIONS IN THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Englewood City Council bu reviewed the subject al t1ubiq
traffic signals on numerous occaaiona; and
WHEREAS, the Englewood Municipal Code provides for differentiation from the
Traffic Engineer's standards if certain conditions are met; and
WHEREAS, the City Council must hold a public hearing reprding the tlaabing
traffic signal criteria u it effectll the health, safety and welfare of the citizens of
Englewood; and
WHEREAS, the Englewood City Council feels that it ii in the bmt int.erest of the
health, safety and welfare of the citizens of Englewood to modify and eatabliah a new
criteria for flashing traffic signals;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
$ectigp 1. The City Council of the City of Englewood, Colorado bm-eby maba an
exception to the Volume Criteria, Part Ii. of "Flubing Operations· Criteria, with the
adoption of the following volume criteria for tluhiq traffic aipala in the City:
l. Main street bidirectional traffic volume 1-than 360 VPH (vehicles per
hour) and bidirectional aide street traffic volume 1-than 90 VPH
(vehicles per hour) for at leut three comecutne boun from 8:00 P .II. to 8:00
A.M.; and
2. Main street average weekday traffic volume leu than 35,000 vebidea per
day; and
3. No signals to tluh before 8:00 P.M ..
A Public Hearing was held on March 4, 1996.
Introduced, read in full, and paued on first reading on the 4th day of March, 1998.
Publiahed u a Bill for an Ordinance on the 7th day of March, 1998.
Read by title and paaaed on final reading on the 18th day al March, 1998.
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Publiabed by title• Onmwace No.__. Series of 1996, on the 2latday ofllarc:b,
1996.
'lbomM J. Burm, llayur
ATTEST:
Loucriabia A. Ellia, City Clerk
I, Louc:riabia A. EDia, City Clerk of the City of Bapewood. Colando, bmeby
certify that the abaft and ......... tn. copy of the Ordilllmce .--Oil final
reading and publiabed by title u Ordmance No . __. Series of 1996.
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BANTA. HOYT, EVERALL & FARRINGTON, LLC.
lllttCMAllltD .J .... NTA
STCVCH O . CYCllltALL.
OA .... 'YL L . ,, ... lllt.tNOTON
,.,c ... ••a L ...... ,. ... .i•. -
Mr. Stu Fonda
A.TTO~S A.T 11.A.W
9990 DTC IIOtlLEVA.aD, S'IJ'ITK a.a JU.ST
IID<OLZWOOI>, COLORA.I>O 80W•3a:>a
~BONE 1303> aao-eoo<>
r.ACSIXU.S 13031 aaoolS3
February 2, 1996
Director of utilities
City of Enq-levood
3400 Blati str .. t
Englewood, Colorado 80110
14 a
0" COMNaC&..
lllt. VAL NO'\rT
llltCMAlltD a . caltCCNC
C91At0 C . WAONCJI
Re: South Arapahoe Sanitation District/City of Englewood,
Unpaid Tap Fees
Dear Stu:
As indicated in rJ telephone -sNge on th• 16th, the South
Arapahoe Board approved the settleaent we discussed with Dan
Bratz.an and Toa Rice on January a. The eleaents of the
aqr•-ent are as follows:
1. The District will pay to the City the sua of
$10,934.38, being one-half the total current known unpaid tap
fees due the City by residents of the District.
2. As to future delinquent City tap f ... for
properties within the District, the City agrees to file tax liens
as to all such delinquent tap fees and c;ollect the s.-by that
aeans to the extent authorized by law.
J. Th• District agrees to be responsible for any such
fees that are not collectable by~ of the tax lien because
the statute of liaitations is inadvertently exceeded, or for any
reason other than the City's intentional and Jcnovinq failure or
refusal to tiaely file the tax lien. At the tiae of renewal of
the District's CoMector'• Aqreeaent, the District will •CJZ' .. to
aodify the Aqre.-nt fora to include a provision to the effect
stated in this paragraph 3.
4. The District will continue to aonitor the building
perait process with Arapahoe County to prevent nonpa~t of tap
fees and to •catch• and report to the City any delinquencies on a
timely basis, in accordance with the Meurer, Associates aeao
enclosed.
5. The City will release the District fro• any
further obligation or liability for any known unpaid tap f ... due
the City, and will withdraw the intentions listed on the second
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BANTA. BOYT. BVBBALI; 8t F.A.BlUNGTON, LLC.
paqe of your letter to -dated Deceaber 7, 1995. The City
repreaenta tbat it bu exaained ita records carefully and
beli.,,.. to a reaaonabl• certainty tbat there are no unpaid tap
f ... OlltatandinlJ except thoae included in th• total aaount of
$21,a,a.1, atatecl in th• .. id letter.
. .
I beli..,. tbat cover• it. If thi• letter auUicea to
aeaorialia• the agr..-nt, pl .... •iCJD below on one of th• extra
copi-and return it to -· b aoon u I recei'V9 it, I vill
requeat iaauance of the cbec:Jt, vhicb could be done u early u
February 20, vhicb 1a the next SOUth Arapahoe Board ... tinrJ. If
you f-1 tbat additional. work or diacuaaion 1a needed, pl ....
qive -a call. ·
... t reqarda,
A -u-V y:~~~~ oarr;i~~ Farrington J
DL!':lq
Encloaur•
cc: Dan Brotzaan, Baq
Kr. Gordon Neurer
Larry Beardaley, c.P.A.
Dr. Olarl•• a. Bruce
Ila. Betty Parker
ACCEPTED AND AGJIU:O TO 'l'lllS
~--DAY OF l"EBllUAllY, 199,:
cm OF DIGLDIOOD
By "'s'""t-u"""""F_o_ncii..--, ""'o""lr_acto ..... -r-o .. f,...,,ut,.....l .. il ... t,...I ..... -
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DISTRICT COURT, ARAPAHOE COUNTY, STATE OF COLORADO
C.. No. 95 CV 1800
CITY OF BNOLBWOOD, STATB OF COLORADO,
• Colando 8-Bale llmriripelity
11'.
SOUTII BMOLBWOOD SANITAflON DISTBICT No. 1,
'l1le ~ ... to t.be filllowias eetd mt alt.be ad:iall at:itlld Cit;y al....,__ ft. South....._. S-itetim Dialril:t No. l,° 95 CV 1800.
n.. Dmrict wm ..-11w 111e e.n bad. bJ ...._,.. 111e Dmict widlbald _..
clue rmder t.be Senice Air• ••mt .a.:t:m OdlalMr 1, 1993 iaplupw)y. 'l1le Cit;J' will naiD
t.be Two Baadr9d Dollan ($200) paid CID t.be tap .. far 4819 Saalb a.-ck 8lnl&,
Eaalewoad. Colando ad ...... apply it QI t.be qunalJ .......... willlbald bJ t.be
Diatric:t in fall Utimction aad WIUft may _.. mil .... CID t.be tllird qaartildy
paymmt filr 191M.
CITY OF DfOLBWOOD, COLOIADO
By:-----------Haq N. llaill, .... No. 10IN
t . C C '-ASS "I
Daill L • 1 r .... No.11819
at,Ala::..,
MIOSalllSlalll.siSS...
W aood, Colrndo 80110
(IGl)1IINIIO
SOUTH DfGUWOOD SANITAflON
DISTBICT NO. 1
By: ------------Dmuild B. ........... No. OGl'1l.
P.0.Ba-
........... CalandD I01ll
(3111) 197...,
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DISTBICT COURT, ARAPAHOE COUNTY, STATE OP COLORADO
C.. No. 915 CV 1800
CITY OP BNGLBWOOD, S'l'ATB OP COLORADO,
arColando a-11a1,e M,mkipelity ....
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SOUTB BNGLBWOOD SANITATION DISTBICT No. 1,
'lbe Putiea haft entered into. SstUIIDIDt Alr-t aad ltipllWe to the ctiamiwel of the
actiGD entitled City of Enp,wood •. South Eupwood Saitaaoa Diatrict No. 1.
~J IUbmitted,
CITY OP BNGLBWOOD, COLORADO
By: ---------.....,...-----Nm,q N. a.id, ... No. 1088'
Al121 .i1 Ci&y ~
Dmial L & ; = ... No.11919
Q&y Alllanay
MI0 ... 1111111 ....
W .... Calarwlo 80110
(111111)--
SOUTB &NGLSWOOD SANITATION
DUfflUCTN0.1
By: -----------Daaald I . lbrtanmo. a.,. No. OONll
P.O ... al
Udllm, Calando 80111
(3118) ffl,GJO
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Call to order.
Invocation.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MARCH 18, 1998
7:30P.M.
Pledge of Allegiance.
Roll Call.
Minutes.
a. Minutes from the llaglllar City Council MNting of March 4, 1888.
8. Scheduled Visitors. (PINN limit ycM.-pnu ltation to tan ....,.__,
•. Laurie McGee •• Denver lwlidalrt, .. be In ----to ....... Council
with some Cinder911a City......,,,~ idNs.
7. Non-Scheduled Visitors. (PINN limit ycM.-prw,talion to fiw ......... ,
8. Communications. ProclamatioM, Md Appointn*1tS.
9. Public Hearing .
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10. Consent Agenda.
a. Approve on Firlt Reading.
b. Approve on Second Reading.
i. Council Bill No. 2, ~ a Capital Projects Fund to track the
progrm and funding of capital proj9cts.
ii. Council Bill No. 7, approving an lntargovemmental Agreement for
participation in the South Platte -WIid and Scenic Riv9r Review
Project.•
11 . Ordinances, Resolutions, and Motions.
a. Approve on Firlt Reading.
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i. Recommendation from the Department of Financial Servicn to adopt
a resolution transferring and appropriating hnla for capital pro;ecta
identified in the Five Yur Capital Plan. STAFF IOURCE:,.... a.,..w1c:z, Dnctar of ............ .
ii. Recommandation from the unt.tonlEnglewo Wastewater Trutment
Plant 5uperviaory CommittN to adopt • bll for .. ordinance
approving the ·Settlemawt AgrNmalt and llipulatN Order for effluent
limitation violations at the Plant. STAFF IOUIICE: •wart Fonda,
UdlllaaDllliCtlui.
iii. Recommandation from the UtilitiN Department to adopt • bil for an
ordinance approving an i111cr1111 in water rates to fund ~
at the Allen Filter Plant. ITAFF SOURCE: .... art Fonda, Ulllllaa
Dnctar.
b. Approve on Second R11di111g.
i. Council Bill No. 8, approving changaa to the Englewood Municipal
Code relative to miacellaneoua water Nrvice fNa.
ii. Council Bill No. 10, Ntabllahing criteria for lmplenwltlng Flaehing
Traffic Lights.
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1 . Call to order.
2. Invocation.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MARCH 18, 1998
7:30 P.M.
3 . Pledge of Allegiance.
4. Roll Call.
5. Minutes.
a. Minutes from the Regular City Council MNtilig of March 4, 1998.
8. Scheduled Visitors. (PINN limit yow pr111 ration to 1-1 minutas.t
a. Laurie McGee, a Denver '91ident, wil be in att•ndanca to pr..ant Council
with some Cinder9118 City Nde¥'91apment idNs.
7. Non-Scheduled Visitors. (PINN limit yow pr...ution to fiv9 mlnutN.t
8. Communications, Proclamations, and Appointments.
9. Public Hearing.
........ ff,-.._ • ......, ..................... .._..., .. Clly.,1(1 •• ,oua,w ..
............... adwace ........................ ,...
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12. General Diacussion.
a. Mayor's Choice.
b. Council Members' Choice.
13. City Manager's Raport.
•. Recommencletion to go into Euc:utiv9 ...... immedialaly following the
regular City Council mNting to~ a ...i -mattar.
14. City Attorney's Report.
a . Settlement with South Arapahoe Sanitation District.
b. Settlement with South Englewood s.....itation District.
Adjournment.
The following minutes were tra111mitted to Council from 02/29/H to 03/14198:
• Englewood Parka and Recreation Commi11ion fflNtilig of Febrl*y 8. 11H
• Englewood Planning and Zoning Commi11ion fflNtilig of Febnarv e. 1111
• Englewood Liquor Liolll8irig Authority fflNtilig of March e. 11H
• Englewood Housing Authority fflNtilig o( ~ 31. 11H
• Englewood Housing Authority annual fflNtilig of~ 31.11H
• Englewood Public Library Board meetilig of Febnary 13. 11H
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Cars For Safe By Owner
Proposa(
l)ttltnttb to tbt
E119fewood Cio/ Council
Mardi 18, 1996
By
Davi4P. Gfahn
&
Dr. la.Urie McGee
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Projected Monthly and Yearly
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From
Cars For Sale By Owner, Inc .
100 CID 200 CID 300 CIQ
$ 1 20000 S 240000 $ 160000
a-•.,.., lffWM RIWM wwe
• one month fiaure is bued upc-. four C1C1 ma•e weeks
•• one )'al' fiaure is bued upc-. twehe ......
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CARS FOR SALE BY OWNER, INC.
LEASED SPACE BEGINS _______ AND ENDS ______ AT 6:00 P.H.
NAME: (please print ) ______________ Date: ______ _
ADDRESS : __________ CITY: _____ STATE: ZIP ___ _
PHONE _______ MAKE and MODEL OF VEHICLE ___________ _
YEAR of VEHICLE ____________ ASKING PRICE ________ _
RENTAL TERMS AND CONDITIONS
1. All sales and transactions are between You and the Buyer.
Cars For Sale By Owner, Inc. is not a party to such
transactions.
2. You agree to keep your vehicle insured for liability
purposes as required by State Law.
3. You accept full liability for your vehicle while it is
parked at Cars For Sale By Owner, Inc.
4. You agree to hold Cars For Sale By Owner, Inc. and the
land lessor harmless against any claims for loss or damage to
persons or property by reason of the use or occupancy of the
Cars For Sale By Owner, Inc. parking lot.
5. You understand and agree that this is merely the lease of a
parking space.
6. You agree that lease of space from Cars For Sale By Owner,
Inc. begins and ends, Monday ______ _
at 6:00 P.M.
7. You agree to pay $20.00 for each subsequent week rental on or
before Monday, at 6:00 P.M.
8. You understand and agree that vehicles left beyond the leased
time wi ll be b il led for an additional week 's fee .
I HAVE READ AND UNDERSTAND THE ABOVE TERMS AND CONDITIONS. I AGREE
TO THEM AND FURTHER AGREE THAT THIS AGREEMENT CONTAINS ALL OUR
UNDERSTANDINGS. I AGREE THAT ANY ALTERATIONS MUST BE IN WRITING
AND SIGNED BY BOTH ME AND FOR SALE BY OWNER,INC.
Signed: X-----,----------::-:-,-,--:--:----:--,---,----------------Signed: CARS FOR SALE BY OWNER,INC. x ______________ _
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cars For Sale By Owner, Inc.
This vehicle is authorized to park beginning
5:00 P.M.
___ , ending at
Owner: _______________ , Asking Price$ _______ _
Day Phone
Best time to call
Manufacture
Body Style
--------' Year
Transmission
Engine size
automatic,
Night Phone
-----' Model
Mileage
standard.
Other Comments:
Check Those which Apply
Cruise Control
Power Seats
Power Brakes
Tilt Wheel
Stereo FM/AN
CD Player
Alarm System
Anti Lock Brakes
Power Steering
Air Conditioning
Tinted Glass
Cassette Deck
Rear Defrost
Hitch
All tr-,;-;m,olvh,g the Ml• of this vehicle are be-the
bu),er . cars For sale 11)1 -•, Inc . has no ;nt-t or ;nvol-t
of the vehiclN parted on lNMd apacea . For aore detaHs allDut
with cars For lale 11)1 -.Inc. call T19-0711 .
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Among the residents of Englewood , who have become
interested in and aware of recent discussions within and
before this body, there is a growing perception that
Council and the City adtllinistration have embarked on a
course of action, eMbodying n .. dless haste, involving
concepts which may not be in the best interest of both
the near and long tenn future welfare of the City of
Englewood.
As a long time resident, as an interested and
involved lllefllber of this COIIIIIUnity, I have been disappointed
in the apparent unwillingness of this Council and
administration, in dealing with the redevelopment
of Cinderella City, to address the expressed desires
of the citizens of Englewood thereto .
Therefore, I aa here tonight to respectfully suggest
that you slow the process a bit, but only sufficiently to
give adequate and reasonable consideration to 111any of the
issues being expressed by concerned and interested
lllelltbers of the COIIIIIUnity.
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TO :City Counal DATE : 1& Mwch 96
FROM : C•ole Tomasso
RE : Posaible L~
I submit the folowing auggeetions a pollible legillalion to support the best
int•ests of the citizens of Englewood and lid gcMmment officials of the city of
Englewood in deli11ee1i11g protocol .
Given the rec:.nt behavior of the reprwdati .. of my da'id(pleue ...
attached documentation). I hive clollly examined the S1lle Conelilulion and the
Home Rule Chart• of Ef9IWOOd and fCUld it llding 9*1Ci1 to pr'°""t the
oencization of c:ilinna by r1pi ...-.-and llkMI far c:antlic:t of intereet to
int.-f•e with the impalad fwldionl of gMrnment Gllic:ilD . Keeping in mind 1hat this
18 I government of the people , fer lie people 111d by lhe people . IUCh OlhCizalion
cud be prewnted by dlli ... ig protocol far canlic:t GI in11r11t to ITlllintl.in
,.._ ltalion of lhe people . I ,...... M if c:antlic:t of in11rN1 ii evident 1hat it 1h11
be dldnd in cud and ccud wl IIICll1lin 111 1A1apillle itpiWi,lative within
cud to maintltin ,.._-..,. of the people if it becomN Ndlnt. Such
lelJalaan COl*i enmnge c:iRerll to ulize thli' appointed r•willlli.-e raltw
than beeiege city ccud in force to heir thli' pa otNme and c:ilinne can ffiliintltin ther
flllilh 1hat they .. being r.-illd in CCUICil .
I al8o recpllll adcitional legillatial: auppcrting ~ accw of the pdc
informalion act. Thia ..-ve ..,. that can lead to abla by ca-iliig gcMmment
officiall to dlc:riminlle ._ cilNminalion GI infcrmtllion . Since , .... .-... can
hive c:antlic:t of inter.. 111d can dlc:riminlle by 1IMli' ldiona. llgilllue lhcQd
protect citizens tom IUCh ._ ll'td prCJplgll'tdl. S... aippart City m1111ag11 a in
dlY1loping protocol fer the cilNminalion GI pdc ilfarnlllliou ll'td I enccuagt
Cud to wuk witt lie City Mini.gar to PIMah a protocol for fie d 111 millllion GI
Pl.mlic informalion . The only recomffllndllion 1hat I can olllr, ~ my imilld
coqnhenlion of govwnment rm. ii 1hat al itfanlllliun ~ be rellaled
tom the City Clert . While I r8ClC9lin M this can be III incr1111d tudan on a lir,gle
iN.hiclll:I , I lltiV9 to Nllt III ll'lbiaNd ll'td COiil'oled ICU'ce that would prevent
IMII mining ~ I.CCIII tom al cilizen8 . Plew noce 1hat I am on c:c,qJllte aupport
of the Public lnfcnnalion Ad 111d in no way Nik to wt111ilie it nor caneor-intorfflllion
to fie pdc; I INl1)ly Wll'tt to Olk a pnmcal to prevent.,_ ll'td pol9nlia dlloe
tom ladt of protocol .
Plew c:onlidlr my rec:ommtndllionl inanely faahian . I wta•ld 1hat
~ can act on ll"8e mann ,..._ lhan my nNd to IJ'llilion. My nNd to
Plifiol, cud potelitialy fw1w dlllnce fie legillalln body tom it 't rmalulncy
which would not be my intendld action .
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--rt,: Cu'i w....,.,e,..,(
trom ; Ct::;..~r..,._ """lomASSv
Re : ms . I-{ o...tt\c..,._, c...r A ct,o,, .,
Ad 1tep1te6enlalive ot Didl1tict 1 Rita Halha.,,,ay invited he1t
condliluency to a Tocud on Englewood •eeling in Augudl
1994. Atte1t nu•e1toud le6li•onied t11.o• neighlo1t6 alout
Stand By Pe1t6onel, a Neighlo1thood Action y11.oup wad e6lat-
lidhed in Seple•te11. 1994. ~d Hathaway •el with that 911.oup
until NOv. 30, 1994. At Thal li•e it wa6 tell that •o6l
p1tolle•d with Stand By we1te 6ea6ona,l and we would need lo
ttte-el in the Sp1ting lo •ake plan6 lo p1tevenl what happened
p1teviou6 su .. e11.4.
In Decl!.llle1t 1994 ~6. Halha.,,,ay legan e•ploy•enl with Stand
By and did not •eel with the Neighto11.hood Action 911.oup
ottici.ally again.
It L~ pu1tpo1tled lha_t ~6. Hataway did •eel with a tew
neighto1t6 and a police ottice1t in Janua1ty 1995 lul not the
Neighlo1thood Action 911.oup.
~a Hathaway neve1t did 11.econvene the Neighto11.hood Action
y1toup-no1t did 6he edlatlidh a Neighto11.hood watch A1tea lo
•eel al the ~ayf-lowe1t Chu1tch in 1995 ad wa6 didCU6ded al
the Nove•le1t 30, 1994 •eeling.
~6. Hathaway •ainlained lhe1te wad no contlict ot inle1te6l
al the ~eel the Candidale'6 To1tu• on Oclote1t 24, 1995.
On Tel1tua1tg 5, 1996 6he 6laled in City Council that lhe1te
wa6 alway4 a contlicl ot inle1te6l.
~d. Hathaway tlatantly de•on6l1taled he1t contlict ot inle1te6t
on Janua1ty 31, 1996 tg p1toviding a 1te6olution in p1tog1te66
lo he1t e•ploye1t al Stand By.
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C,orou.. jamc..ss u
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124-1~106 GOVEllNMENT-&TATB
(b) Accept or receive a benefit as an indirect consequence of transllClins
state business.
(Laws 1918, H.B.1133, I I.)
I ~1~107. Eddcal pdllclplea l'er a1mhH al 1M a-'111 111 trr
(I) The principles in this section are intended only as suides to a member
of the general assembly in determining whether or not his conduct is ethical.
(2) A member of the general assembly who bas a personal or private
interesl in any measure or bill proposed or pending before the general
assembly shall disclose the fact to the house of which he is a member and
shall not wte thereon. In deciding whether or not he bas such an interell, a
member shall consider, among other things, the following:
(a) Whether the interesl impedes his independence of judgment;
{b) The effect of his participation on public confidence in the inlqrity of
the general assembly; and
(c) Whether his participation is likely to have any significant effect on the
disposition of the matter.
(3) An interesl situation does not arise from leplation affecting the entire
membership of a class.
(4) If a member of the general assembly elects to discloee the interell, be
shall do so as provided in the rules of the house of repraentatives or the
senate, but in no case shall failure to disclose constitute a breach of the public
trust of legislative office.
(Laws 1988, H.B.1133, I I.)
I ~1~111. ...._al_._. l'er .... ..._. _. ...... .,1,,w
( I) Proof beyond a reaonable doubt of c:ommheioo al any eel eaumaaed
in this ledion is proof that the actor bas bleached bis fidudary duty.
(2) A public officer or a 1ta1e employee shall not:
(a) EDPF in a aubllantial financial traneedion for his priYllle busima
purpoees with a penon whom be lnspecll. replata, or mperviles in the
c::oune al his official duties;
(b) Assist any penon for a fee or other compenation in ohtainl111 any
contract, claim. 1iceme, or other economic benefit from his aamcy;
(c) Auist any penon for a cootinamt fee in obeeini111 any COlllnd, c:leim,
liceme, or other economic benefit from any state .-er. ar
(d) Perform an official eel directly and •-•ndelly affecdnc to its ec.
nomlc benefit a businell or other under1.ekins in wbich he ebber bas •
subltantlel financial ineer. ar ii ea..-• coumel. COD111kenl, ,ep. ........
live, or lllfflL
(3) A bead al a principal depuuneat ar a member al a queai,judidel or
nale-makh• aaency mey perform en affldel eel notwidlllaadlns ,.....ep1a
(d) of sublection (2) al this leClion if bis pal1idpadon ii necaary to the
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1~18-110
iniltration of a statute and if he complies with the voluntary disclosure
ures under section 24-18-110.
(4) Paragraph (c) of subsection (2) of this section docs not apply to a
ber of a board, commission, council. or committee if he complies with
YOluntary disclosure procedures under section 24-18-110 and if he is not a
me state employee.
1911, H .B.1133, § l .)
24-18-109. Rules of coaduct for local ...,...,at offldak and -
ploy-
(1) Proof beyond a reasonable doubt of commission of any act enumerated
lhis section is proof that the actor has breached his fiduciary duty and the
. trust.
(2) A local government official or local government employee shall not:
(a) Engage in a substantial financial transaction for his private business
with a person whom he inspects or supervises in the course of his
· duties; or
(b) Pafonn an official act directly and substantially affecting to its cco-
. benefit a business or other undenaking in which he either has a
· financial interest or is engaged as counsel, consultant. rcprcsenta-
Ol' IFOL
0)(1) A member of the governing body of a local government who has a
or private interest in any matter proposed or pending before the
·ng body shall disclose such interest to the governing body and shall
wee thereon and shall refrain from attempting to influence the decisions
lhe other members of the governing body in voting on the matter.
(b) A member of the governing body of a local government may vote
"thstanding paragraph (a) of this subsection (3) if his panicipation is
to obtain a quorum or otherwise enable the body to act and if he
lies with the voluntary disclosure procedures under section 24-18-110.
(4) It shall not be a breach of fiduciary duty and the public trust for a local
11MmD11CDt official or local government employee to:
(a) Use local government facilities or equipment to communicate or corre-
with a member's constituents, family members, or business associates;
(b) Accept or receive a benefit as an indirect consequence of transacting
,overnmcnt business.
1911, 11.8.1133, § l.)
A member of the general assembly, a public officer, a local government
or an employee may, prior to acting in a manner which may impinge
Iii fiduciary duty and the public trust, disclose the nature of his private
Members of the general assembly shall make disclosure as provided
die nda of the house of representatives and the senate, and all othen shall
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Big Box Retailers: Time To Ask For Perlonnance Bonds?
"r Neal lwa killera" fnr tJ..;. -----·
Beyond ita aparklinir
waterfront viewa and hururi-
oua irated communities, the
rHOrt town of Vero Beach,
Fla., hu an u,ly Jl'OOlem .
lt'a the hulk of a Wal-Mart
It.ore, vacated two yean, a,o,
ewimminir in the cuatomary
11Cn!11 of -,,halt. No aip 1111&'·
... the buildio« ia for '-
or nle. lt'a •aluation (and
real estate tu•> are plum-
meting. The county economic
de.elopment director hu no
idea at what will '-ne of iL
No one believe, Wal-Mart,
havin« built • -.........
by, ia •bout to lat any odiar-
retailer _,, up thia clepnd.
killer,·· 1ur 1 ....... J'UWer to
stock and price in a fashion
that etamJIB out nearby local
competiton,,
Locate toirether three or
more of the biir boaa, or cate-
irory killera and you iret a
ahoppinir "power center."
Indeed, for harried '90s con-
aumen, people without the
one atill C&rell, our remaining
city and town centen. Or that
they provide little retailing
convenience if you don't drive
11 car. Or that 118 they loaite
further and further out from
town, they fuel auto conpe-
tion, pollution and 11prawl.
retailers, quoted real estate
experts uying there are ao
many they11 incre11aingly be
killinir e.ch other off-the
combllt 11mong computer big-
box retailers in particular
likened to 'Scud mi•ila, over
Bqhdlld."
nuid , hydrauli c nuid. ga s.
crankca8e oil -eve rything lhnt
drips out of cars -big box1's 0
ma88ive parking lo!J;; generate
runoff that needs to be treated
and hauled off in an environ-
mentally responsible way .
Municipalitia, need compensa -
tion for the big sewer system
CBP11city they have to furnish .
•I.eel Jl"lla'ty.
Conventional wiadom •ya
the future of American retail-
in1-and our auburban via-
ta.-belonp to .. aupen1,orea•
such ae Wal-Mart and K-
mart. Then there are the ··bis
boa" retailen with a ain,la
apecialty-the lik• of Kida
"R" Ua, H-lllpot, Circuit
City, Crown Boob, StaplN,
the Coamatic Center. Soma-
timaa they're calJad "ca~
time to apend houn cruiaing 11
mall, oftentimee livinir on
ticht budpte, the big bone do
~ II quick, economical Wily
to ahop.
Collactively, power centan
are cannibalizinir market
ahara ao fMt that at leMt I&
flWClnt at the nation'• eanven-
tional malJa are npected to ao
out at bual._ In the 'SOI. In
a kind of Darwinian cycle,
malle that killed downtowna
are now thenwelwe imperiled
by bis boa111 rnanudin, aero.
the land like the din«.aun of
Juraaic timlll.
Yet u the retailin, cyclell
flaah by, communitiea need to
Mir: Do we need U-,uya?
Do we want them? And it'a
not juat that blir boaes may
kill off older mall&-«, If any-
The concern ia that biir
boaea, like dinoaaura, m11y
rule the earth for II time, but
then, like 1111 'fade, be gone.
And th11t their rotting hulks
will be left for the rait of ua
(i.e ., the lllaP11yersJ to clean
up and remove.
Lat year in New Jeniey,
bu tean-ap boya bnilre into
and llt fire to an abandoned
74,000-equve.foot Burlin,ton
Outlet Mart, $200,&44 in
IIM1!ara in priJperty tu.. 'lwo
hundred firefiirhtan and more
than one million irallona of
water were needed to eatin-
iruillh the blue.
In its recent yeuly
roundup of nationwide trenda,
the preetigioua New York-
baaed Equilllble Real Eelllte
)11n111ement firm reported
th11t .. the biir box formate
h11Ve clearly PMked." A .. dog-
eat-das environment" amonir
auch megutorea, aaid Equi-
table, ill lllpecially dan,eroua
becauae the n.tion ia already
henily oversupplied with
retail outleta.
So, what ahould a l'lllponai-
ble city or county irovemment
do • more and more big box,
power center mning 11nd aite-
pennjt 11pplicationa now in?
Of course there may be
other uses for big boxes .
Chain Store Age Executive
trade publication suggests
8enior citizen apartments, low-
or moderate-income housing,
community centers, or low-
risk dete.ntion centers.
Maybe clinics, offices, or
college satellite campuses
could be placed in these used
boxa, too-providing the new
tenants could tolerate their
blatantly sterile architecture.
Yet alternative U8e would
often involve major public
coat. Loca I taxpayers-espe-
cially the thousands who don 't
choose to patronize the big
boxea-shou ldn 't be shou 1-
dered with such costs.
K-mart, the nation'• num-
ber two retailer behind Wal-
Mart, laat ye11r 11nnounced it
waa cloainir 110 of its 2,200
lltorlll. The Houaton Chronicle,
reportin, thia October a con-
tinued eaploaion of "biir box"
NBC-LEO Again Sponson DiYenity Awards
br Mary Fiora Gardon
Here'a one idea: Dem11nd a
Jll!l'fi>nnllnce bond ao that any
firm thllt throwa up a big box
hq to 11gree in adv11noo that a
vi11ble ealllbliehment will be
mainlllined at the location for
a eubelllntial period of time,
or the aponaorinir corporation
will pay the C08t8 of tearing it
down.
Maybe cities and towns
should use zoning to force
such facilities into. or close to .
their urban cente rs in th e
first place. Lacking that. a
bond to cover future mitiga-
tion costs would be entirely
reasonable. Everyone know s
whoae interests the megn -
retnilers serve. Mn.vhe it's
time for localities to look aller
the interesl8 of their own citi -
zens.•
f, The NatJonal Dladi Caucus o(
Local Elected Offlclala (NBC.
LEO) ol the Nadonal 1-.,e ol
Clllea 111 ...... lfll lhinf an-
nual City Cultural Diversity
A...,., 1Jn9Wn for I 996 . The
... two ,_.. "-9 -. wry
8IICt."l!llful for NLC dUee wtlldl ~ -. Winnen In the pro.
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1orles: I) under 26,000;
2)26,001 -100,000; 3) 100,001
-400,000; 1111d 4) over 400,000
PllPUlatlon . Thill ,ear, an er111y
fee ill required to apply for the
IIWUd Pf'Otlhlnl to help cover
the IJnJlr'Un ~-Information 1--. fflllled to all NLC di-
rect member city nw.,on 1111d
city ITlllllltfl'en • well • NBc-
1..F..O members .
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February 9, 1996 hq been
moved to February 16, I 996. All
applications must be
IJOlltmarked no later than Febru-
ary 16 1111d mUllt be aijpled by
the Chief Executive Officer In
your conun~.
The IJnJlr'Un Jud8'II wtlJ de-
liberate In mid-February 1111d
award winners will be 11n-
nn11n('M !It 11,icr ,m~r·c:r IOOA r•.,,.1
The reHoning would be
etraightforward. Any big box
becomes a dominant local geo-
graphic feature. Roadways ere
inevilllbly built or altered lo
accommodate it !indeed each
big box generates thousands
of daily auto trips).
Then there'e the parking
lot . Contamin.l.ed with brake (cl 1995 Wa .,hinRtnn Pn .•I
Writers Group -......... , ,. ... --
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790 E. Belleview Ave .. Littleton . C O eo1 2 1 (30 3) 781 ~4 14?
March 10, 1996
To: All interested responsible citizens
FAX (303) 78 I .93c13
Cinderella~ stands as an embarrassing relic of the past.
What happened? Buildings don't wear out, concepts do. All
shopping malls, as we know them, are doomed to the same fate
as our once highly touted regional shopping center. The
.current concept is large warehouse retailing with all
inventory stored in the actual retail area with almost no
sales force to assist in a purchase. All of this results in
a lower retail price, for the moment that is. Wait and see
if these big sav~ngs hold up after all of the small retailers
have been driven out. Regardless of what we might think of
this concept, it is here to stay, for a while at least. The
computer internet will soon doainate all activities including
retailing, especially large ticket items such as automobiles
and real estate.
The City of Englewood faces a dilemma. They cannot allow
this assemblage of obsolete structure totaling more than a
million square feet to remain. It will cost many millions
to demolish these structures and parking facilities. If they
could accomplish this, then what? They couldn't turn it back
into a cow pasture or city park. There aust be a strong
profit driven development of this site. The "Big Box Power
Center" may not be attractive to many of us but it is the
current concept in retail merchandising and the wave of the
foreseeable future. Regardless of what path the City should
pursue, time is of the essence and basic decisions aust be
made without a great deal of delay.
The site should not be raped for the big profits to be gained
by developers, retailers and potential lucrative tax rewards
to the City. It should have soae semblance of attractive
planning and design to aaintain or raise the quality of life
rather than to quickly slip into decline and eventual blight.
Other needs of the City need to be considered such as
cultural and educational. The city has excellent physical
recreational facilities but almost totally lacks in cultural
facilities. This is a golden opportunity for the City to
correct this deficiency by eliainating the 20 screen a ovie
theater and retaining the Foley's building as a cultural arts
and conference center with the addition of a 2,000 seat
performing arts theater. This three story retail department
store constructed in 1985, is a stand alone building,
structurally and mechanically independent from the shopping
mall. The building when visited in 1995 appeared to be in
good to excellent conditi on . The building is estimated to
have a replacement value of 8.8 mill i on and would cost a
approximately 1.5 million for alterations to convert the use
to a cultural center. This would not include the costs of a
performing arts auditorium or automobile parking facil i ties.
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The facility would acco11111odate but not be limited to the following uses:
Conference rooms
Small convention and exhibit spaces.
Restaurant and food service for meeting rooms for such
organizations as service clubs, Englewood
Historical society and other groups.
Spaces and rooms for cultural activities such as fine
art, music, dance, crafts, citizen interest groups, adult education, etc.
A gallery for the display fine art and photography.
Performing arts theater for a wide variety of
performances including both professional and local
amateur productions. One of the most crying needs
is a home for the Arapahoe Philharmonic Orchestra.
The hour is late,.too late for the same mentality to dictate
as it did in the Trolley Square and Urban Re-Development
fiasco. Whatever the development of this site, it must .have
a strong economic base. A well conceived cultural center
would greatly enhance this base and at the same time
significantly enhance the quality of life not only in
Englewood but thru out the entire Metropolitan South Area. A
facility of this type is going to be built because it has to
be, and it is only a matter of where and when. Englewood has
always been the leader in Arapahoe County -I know because I
have lived here for 67 years and am confident that good judgement will prevail.
Sincerely,
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it u a cowmMyOllllar, r+raein1 City Hall, 1111.Lilnry? Would 1llml be a,_.. in
Ulilizil.s ....... buildilla lib Paley', ... ..,...,._, ........ there ........ to
naia the buildilll; but waullln't It be wordl ii? Could IIOl die mcwia ............. Nloalled
ellewhn calla rilll!
.... 11111D ....... *CilJof.,.._._ b die,-70 ,-a ('l1lil ,-ii
my20lla)~ ........ ,. to• lillrllllld ............ at ............... .., widl
C"nd llaCity. 'lllre'1 • unity iamy .... ., llr. DI "'OW T.,.... -~ --,t would....._aar.._. ..... .._.,. sw1e1 ................. .....
WllyGlllllda't wellSilial ......... U..,A Cilyllll ..... alllfarnlSlil? 11iloaulll
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___ ..._1111Dly0-al,_-Mor .... Pa, ood.__, ..... ,.. ..__ ...... --..... •MIier• no lfsc• •_. ........... •-to ............... ,
rw-..... ....... ,....._ __ .,.._.., • ...,. So ... .._
...... , . aBRJd &J . Olr ......... lDP J :ed....... ;i,I I
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We.,.alr C wappGl1UlnitJtollllllm:a-.wia ... ..._of6iuitJ. lt'n•
tDolalato1*_,._..._ W.Wieilleil'1611 4a1Jl'f71of .. Qwiltotdlt-**
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CINDERELLA CITY SMALLER BUT GREATOR
I have heard it said that "Cinderella City is a local embarrassment
to the local people". When you stop and alalyze all the new develop-
ments since the Center was built you will understand how and why all
the satelite development inthe area has been so great and successful
dur,ngq the last twenty years. I can not leave this until t mention
the clean up and redeve~epment of little Dry Creek
we should redevelop• with a mixture of Civic element• by the City of
Englewood and attract a Ntl. Department tfpe •tore. We have more than
adequate grocery and Drug service and the Rome Ba•• fill• a void in
the City and It does not aeed to be aoved to Cinderella City.It well
located for it's type of goods an ••rvices.
"' I think we should seriouslyAtrying to attract a Ntl~ Hotel chain
along with limited convention facili~l~~; With the completion of So.
satafe and the close proximatimity .. of I-25 And I-470 I believe a
Hotel frim would be interested.
Let's consider a limited sports center to include Bowling alleys,
Tennis complex and a Public Swimming pool.This type of development
would bring customejs with events during the day and night along with
some movie houses which brings people in at night.Wpmen like to go
out to eat and take in a movie.
The above type activities would bring people into the area and that
would also create interst from food .service businesses and other
related: type development.
We need to access motorist driving So.on San·tafe into the area Via
Dartmouth Ave. non stop into Cinderella City.
Von Frollick had planed to assemble and acquire land just North of
the redevelopment for 2000 family type homes, condos.and apartments.
Onfortunatly during the long process of conforming with all the gov-
ernment requirments at all levels, the housing market 'just about dis-
appeared and he had to abandon that idea.I believe we will be forced
to enlarge on this concept in order to maintain our honorable and env-
ied status in the family of metro Cities. This type of development
should extend North of Cinderalla City to include the General Iron
works location.This area would have good access and is high above
SantaFe Dr. and overlooking the Platte River and the Rocky Mountains.
Englewood needs several developments like Cherokee Kivas~ because
many people retire and grow weary of keeping up the place and the
lack of security are moving out of Englewood.These are good citizens
and we need to keep them.
SUMMARY
(1) Hake sure your developer has the financial ability to cover un-
expected cost overruns and to sustain the value and beauty of the
project until it gains momentum to support itself until the profit
structure becoms a reality.
(2) We are in a dense population area and if we redevelopment the
area in discussion properly we will be able to recapture the loyalty
of the people of Englewood.
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March 14, 1996 ------.:.._.~ .. 4•• -.:-...
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Mayor Tom Burns
City of Englewood
3400 S. Elati St.
Englewood CO 80110
cm ... :· ":. .. : :.~_:~.Jeri
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Dear Mayor Burns:
I am writing to you because of my sincere concerns about the
redevelopment of the Cinderella City site.
I only recently learned of the Big Box Power Center •concept•
that seems to be the direction being supported by our City Council
and the developer, Skip Miller.
I wish to state firmly ehat r do pot support this ccnceptl I
attended the meeting on Monday, March 11, 1996 and I was maazed at
the amount of information being given that was either 1) partial
and slanted toward the developer or 2) sillply not truth as I
understand it. Explanation tl .-stateaenta about what the City of
Greeley allocates to their fine Arts Center. It was not explained
that this is because the colleges and public schools supported this
center. The people of Greeley saw the need and wanted a facility
for the already tax-dollar supported educational facilities to have
a place to perform and use the talents they have spent all this
time and money to develop. It was not explained or shown how much
the Art Center has grossed or netted which is considerable,
considering its lack of other comunity resources. I feel that our
council is forgetting to consider the resources of financial
support we would draw from a cultural center in the Denver South
area.
I have talked with many people and organizations in Cherry
Creek, Greenwood Village, Douglas County, Highlands Ranch,
Jefferson County, Sheridan and Englewood that could benefit froa
renting the use of such a facility. This type of facility is going
to happen out of many needs. Englewood will pass up a golden
opportunity if we fail to recognize this need and respond. There
is so ::iuch neg~tiv.i.ty bf.!.ing reinforced in our culture -aovies, TV,
and video entertainment today. Why so auch crime, violence, and so
many dysfunctional families? Do we need to add to this already
existing problem, or can we do aoaething to help turn things
around. Create a place where families can work and do things
together. They can be involved in local theatrical and auaical
productions as a family, children can be encouraged to proceed in
areas not available to them because of cut backs in our public
schools, i.e. art, music and, by the way, sports is an art form.
There is also an art to communication. Soaehow, I feel that
our City of Englewood has not communicated as well as it could have
to the average personage living or maintaining a business in
Englewood. I do not feel that I have been able to have any voice
in this choice of the Big Box Concept and this is what I aa hearing
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CINDERELLA CITY SMALLER BUT GREATOR
I have heard it said that "Cinderella City is a local embarrassment
to the local people". When you stop and alalyze all the new develop-
ments since the Center was built you wi11 understand how and why all
the satelite development inthe area has been so great and successful
duringqthe last twenty years. I can not leave this until t aention
the clean up and redeve~Opment of little Dry Creek
we should redevelop• with a aixture of Civic eleaents by the City of
Englewood and attract a Ntl. Department tfpe store. We have acre than
adequate grocery and Drug service and the Ro•• Base fills a void in
the City and It does not aeed to be moved to Cinderella City.It well
located for it's type of goods an •ervices.
"' I think we should seriouslyAtrying to attract a Ntl~ Hotel chain
along with limited convention facilities·; With the completion of So.
satafe and the close proximatiaity .. of I-25 And I-470 I believe a
Hotel frim would be interested.
Let's consider a limited sports center to include Bowling alleys,
Tennis complex and a Public Swimming pool.This type of development
would bring customeds with events during the day and night along with
some movie houses which brings people in at night.Wpmen like to go
out to eat and take in a movie.
The above type activities would bring people into the area and that
would also create interst from food service businesses and other
related: type development.
We need to access motorist driving So.on Santafe into the area Via
Dartmouth Ave. non stop into Cinderella City.
Von Frollick had planed to assemble and acquire land just North of
the redevelopment for 2000 family type homes, condos.and apartments.
Onfortunatly during the long process of conforming with all the gov-
ernment requirments at all levels, the housing market ·just about dis-
appeared and he had to abandon that idea.I believe we will be forced
to enlarge on this concept in order to maintain our honorable and env-
ied status in the family of metro Cities. This type of development
should extend North of Cinderalla City to include the General Iron
works location.This area would have good access and is high above
SantaFe or. and overlooking the Platte River and the Rocky Mountains .
Englewood needs several developments like Cherokee Kivas~ because
many people retire and grow weary of keeping up the place and the
lack of security are moving out of Englewood.These are good citizens
and we need to keep them.
SUMMARY
Cl) Make sure your developer has the financial ability to cover un-
expected cost overruns and to sustain the value and beauty of the
project until it gains momentum to support itself until the proflt
structure becoms a reality.
(2) We are in a dense population area and if we redevelopment the
area in discussion properly we vill be able to recapture the loyalty
of the people of Englewood.
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page 2
(3) We need to have a strong lobbying force to work on and
expedite the completion of the Lite.Rail System.
(4) Install a co .. unication center for people that need to
go to the Denver Air Port, without having to aortgage the farm
in order to get there.
(5) And finally igl1:all auitable .restroo .. in the area that
parent• would not~afraid to take their children to do what ever
is neceaaary at the aoaent.
I have lived here aoat of ay life and that 1• OYer fifty rears
and this 1• •r honeat opinion that will of n~aaitr be the
only var to gurant .. a aucceaaful redeTelopaent of once great
Ci rally City.
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GIO.R.ALLllf
March 15,1996
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JPV~., ::-;;. !:~:~ ·~:-~~. r --r;, --.--.'1
Mayor Tom Burns
City of Englewood
3400 S. Elati St.
Englewood CO 80110
Dear Mayor Burns:
March 14, 1996 ----.::.._.~,-..... -. =---
• 5 ICC!)
C:T\;:· ·) . : ;._.:~j __ ,
I am writing to you because of my sincere concerns about the
redevelopment of the Cinderella City site.
I only recently learned of the Big Box Power Center •concept•
that seems to be the direction being supported by our City Council
and the developer, Skip Miller.
I wi•h to •tate firmly ehat I do not •upport thi• conceptt I
attended the meeting on Monday, March 11, 1996 and Iva• uaazed at
the amount of information being given that was either 1) partial
and slanted toward the developer or 2) simply not truth as I
understand it. Explanation 11 -statements about what the City of
Greeley allocates to their fine Arts Center. It va• not explained
that this i• because the colleges and public •chools •upported this
center. The people of Greeley saw the need and wanted a facility
for the already tax-dollar supported educational facilitie• to have
a place to perform and use the talent• they have spent all thia
time and money to develop. It was not explained or shown bow much
the Art Center has grossed or netted which is considerable,
considering its lack of other community resources. I feel that our
council is forgetting to consider the re•ources of financial
support we would draw from a cultural center in the Denver South
area.
I have talked with many people and organizations in Cherry
Creek, Greenwood Village, Dougla• County, Highland• Ranch,
Jefferson County, Sheridan and Englewood that could benefit from
renting the use of such a facility. Thi• type of facility is going
to happen out of many need•. Englewood will pa•• up a golden
opportunity if we fail to recognize this need and respond. There
is so l!luch negativity b4!.ing reinforced in our culture -aovie•, TV,
and video entertainment today. Why so much crillle, violence, and ao
many dysfunctional families? Do we need to add to this already
existing problem, or can we do something to help turn things
around. Create a place where familie• can work and do thing•
together. They can be involved in local theatrical and au•ical
productions as a family, children can be encouraged to proceed in
areas not available to them becau•e of cut back• in our public
schools, i.e. art, music and, by the way, sports is an art form.
There is also an art to communication. Somehow, I feel that
our City of Englewood has not communicated as well a• it could have
to the average personage living or maintaining a business in
Englewood. I do not feel that I have been able to have any voice
in this choice of the Big Box Concept and this is what I am hearing
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a. Big Box retail w
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not attract any one but our own people to~
spend their money and will not attract people from other places.
They will spend money in their own neighborhoods because they
already have a TARGET, MEDIA PLAY, HOME BASE, WALMART;
b. big screen multi (16-20) theatre movie complex -what kind of
people will come to use this area? (Parking is a question and if
light rail, what then) -people won't come from Highlands Ranch to
Englewood -they have their own sources closer to hoae. Of Course,
it will be more accessible to lower income areas out of the
downtown, north area. Is this the climate we want to bring to
Englewood?
c. What about our existing people that own a retail store in
Englewood? What will happen to already existing music stores when
we have a Big Box music-entertainment center at the Cinderella City
site or other Big Box stores? What happens to little businesses
like Barry's Paint Center?
d. Where do people go to buy· good quality shoes in Englewood?
e. Today there is no place for family oriented evening
entertainment in.Englewood where the family can be involved and in
touch with and cOJmUnicating with people. Movies and Big Box
stores are very sterile, impersonal, and non-interactive
environments.
3) The Foley's building is not sound and cannot be saved -not
true.
When are we as a society going to see that ve need to reach
out and listen to, talk with and touch one another? Thia is what
makes things work. If you are feeling frustrated with how things
are not coming together as perceived, let me suggest that what you
perceive others perceptions to be may not always be true and that
perceptions take different shapes when looked at froa varying
angles. The meeting Monday 3-11-96 was a demonstration of these
facts.
I urge you to reconsider making any definite decisions
involving this project until you have more input from the residents
and merchants of Englewood. I also would like to have more
information on why Skip Miller did not fulfill bis contract with
the Alameda , Broadway site. I want to know who else was
considered as a developer? Did they contact us? Why have we not,
or have we as a city, done our homework on other developers that
have developed other cities facing our situation. i.e. ( light rail
possibilities) -down trend of mall and Big Box era -over
population and sameness of Big Box stores and effects on small
businesses and already existing in the area. Who decided and when
was it decided that Big Box Power retail was the band-aid cure for
Englewood's Cinderella City site? Why? Why?? Why-----
Is it because we as a community have lost sight of our
American right to dream (to see a big picture of what we desire to
be) and build upon that dream. Perhaps this is why our children no
longer set goals and reach to strive for a better and bigger
tomorrow. They are too busy living within the comforts and
pleasures of today to take time to visualize a future.
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Have they adopted thi• behavior due to our adult lack of
ability to •ee the big picture a.nd be willing to take the risks
needed to work for it? Are we so comfortable with what we have
that we don't care about the other per•on that stand• to lose every
thing because of thoughtl•••·choicaa?
I respect you vary auch as a leader in our coaaunity and I am
aura that you will consider the issues I have rai•ad in this
latter. I call upon you to pl•••• listen and re-consider the Big
Box POIMr Canter concept and consider other alternatives that can
and will enhance and build upon the strength• within our city. We
need to build for the future, to uplift what we have and proaote
growth -educationally, financially, artistically, and in a ••n••
of coaaanity.
Sincerely,
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Call to order .
Invocation.
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AGENDA FOR THE
REGULAR MEETING OF
,~
THE ENGLEWOOD CITY COUNCIL
MARCH 18, 19H
7:30P.M.
?:31p-,rJ
fV77~
Pledge of Allegiance. ~
Roll Call. (~
Minutes. ,-0 Reh-
a. Minutes from the Regular City Council Meeting of March 4, 1998.
~~
Scheduled Visitors. (Pleaae Hmit your~ ~.t~n,.mirJute~/) !Jr / ,./J /J
{\.. j~(/. f:.. f>1r11~ P/. ~( ~_./ ....-_ S EL , .)1~
a . Y"uurie tJlcGee, a Denver resident, wil be In attendance to prnent Council
with some Cinderella City redewloprMnt ldeaa.
Non-Scheduled Visitors. (Pleaae limit your ~-to flva minutes.)
~ II:'"-~ ~ 0~ ..-1.--, . -
Co~~ ,ca ,~ , Proclamations, and Appol . p
Public Hearing.
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Mardi 11, 1"6
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10. Consent Agenda.
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Approve on First Reading .
Approve on Second Reading.
i. Council Bill No. 2, establishing• Capital Projects Fund to track the
progreH end funding of capital projects.
ii. Council Bill No. 7, approving en Intergovernmental Agreement for
participation in the South Piette "Wild end Scenic River Review
Project .·
1 1 . Ordinances, Resolutions, end Motions.
, ~-Approve on First Reeding.
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Recommendation from the Department of Financial Servicea to adopt
a resolution transferring end appropriating funds for capital projects
~~ Ynr Capital Plan. STAFF IOURCE: Frank
~offlnalClal .. .-..
Recommendation from the Littleton/Englewood Weateweter Trutment
Plant Supervisory CommittN to adopt a bill for an ordinance
approving the ·Settlemant A.-n*1t and StipulatN~
limitation violations et the Plant. STAFF IOURCE: Fonda,
UtlltlN Dnctor.
Recommendation from the Utilities Department to adopt a bill for en .R-'«'
o,llinenee approving en increue in water retn to fund improvements
et the Allen Filter Plant. STAFF SOURCE: Stewart Fonda, Ut111t1N
Director.
g b . Approve on Second Reading.
·~1.-0 ~jJ. JD i. Council Bill No. 8, approving changes to the Englewood Municipal tr· Code relative to miacellllneoua water eervice fees.
J I ii Council Bill No. 10, establishing criteria for implementing Fleshing
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AGENDA FOR THE
REGULAR MEETING OF
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THE ENGLEWOOD CITY COUNCIL
MARCH 18, 1998
7:30P.M.
1. Cell to order. ? : 31 p--,rJ
2. Invocation. {))tj'J"~
3. Pledge of Allegiance. ~
4. Roll Cell. / ~
6. Minutes. 1 -O R cb._,
a. Minutes from the Regular City CoW1cil Meeting of March 4, 1998.
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6. Scheduled Visitors. (Please limit your ~n ~o.ttn/Jmi']ut•~/) a:/., ;) J 1 I)
(\.. "i~ ti-£. fY},n~ Pl. ~ ( ~.o-£_..1 ----'CL . ~u./(An
7.
8.
9.
a. Y'Leurie ~cGee, • Denver resident, will be in attendance to pr ... nt Council
with some Cinderella City redevelopment ideas.
Non-Scheduled Visitors. (Pleaae limit your ~· n to five minutes.)
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Com~~ Proclamations, and Appoi .
ft'
Public Hearing.
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._. 41houn In advance of..__._ .. ......_ n.11,-.
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City C-.CII Apt,da
March 11, 1996
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12. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
13. City Manager's Report.
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J ~ ... a. Recommendation to go into Executive Senion immediately following the ) 2".'Y ,egWo,CityCcM>cl_to_·~--.~. /~~
~,O 14. CityAttorney'sRepon. ~<~~
a. Settlement -South A,-........., Dmrict. £~ L,vl4 ~,vf ·
b. Settlement with South Eng~Dmrict . .( /. ~
#~1>1 1,0 fl. Adjournment.
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The following minutes were transmitted to Council from 02/28/18 to 03/14/18:
• Englewood Parks and Recreation Commiaion meeting of February 8, 1888
• Englewood Planning and Zoning Commiaion mNting of February e, 1898
• Englewood Uquor Licensing Authority meeting of March e, 1898
• Englewood Housing Authority fflNting o( Janu.y 31, 1 IH
• Englewood Housing Authority annual fflNting of ~ 31, 1898
• Englewood Public Ubrary Board meeting of February 13, 1888
,.._ note: If you e..w • ......, and ..... ...., ....... ,._llllllfr .. Clly-'•-· 111•~-
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
NON-SCHEDULED VISITORS
MARCH 18, 1996
NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF
FIVE MINUTES. EACH SUCH PERSON SHOULD SIGN THIS PUBLIC
COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF
COMMENT.
PLEASE PRINT
NAME ADDRESS TOPIC
Sandi Osterna 2843 S. Grant St. Recall
':!,rA/./ LAl./~c 35'35 .S. t~S/;~4Pf:' ~ ~
~\wyld k\e'li1t tf31s ~J>eA4\St. C.~""~4aCI:(;
~aao J)J,d: flb•L ,C, ,fa.r,. " ,
Q "'"' ... T""' """" o1 qq q c. /!.<,n. ,ct c~ t " "", '1
r;, ./cJ, /J . ~ //0 i,q,. s, 011ld(!J>J4 $f
CCSIGNI
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April 8, 1996
SPECIAL CITY COUNCIL MEETING
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