HomeMy WebLinkAbout1995-05-01 (Regular) Meeting Agenda•
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1, 1995
REGULAR CITY COUNCIL MEETING
oaDIIIANCE I~~, 15, 16, 17, 18, 19
""80LIJTIOII 1~39, 40, 41, 42, 43, 44, 45, 46, 41
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ENGLEWOOD CITY COUNCO..
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
lleplarSelliea
May t, lffl
1. Call to Onler
The rquiar meeting of the Englewood City C-ouncil was called to order by Mayor Bums at 7 :36 p .m .
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The iJMJCalion -given by Council Member Wiggins.
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The PlcdF of Allegiance -led by Mayor Bums.
Present: C-ouncil Members Hathaway, Waldman, Wiggins, Habenicht,
Vormittag, Waggoner, Bums
Absent: None
A quorum was present.
Also present: City Manager Clark
City Attorney Brotzman
City Clcrlt Ellis
Planning Adminiltlator Stitt, Community De\dopmcnt
(a) COUNCO.. MEMIIER BATRA WAY MOVED, AND IT WAS SECONDED, TO
.APPROVE THE MINUTES OP THE REGULAR MEETING OP APRIL 17, tffl.
Ayes : Council Members Halbaway, Vormittag, Wiggins. Habenicht,
Waggoncr, Waldman. Bums
Nays : None
Motion carried.
6. Scllledllled Vltiton
1bcrc were no scheduled visitors .
(a) Dave Paschal, Englewood residenl and •-owner, spoke in favor of the Trolley
Square ~t Plan . He cxpn:acd dismay that the plan was not approw,d by the Planning and
1.oning Commission bccalllc of puking pn,blems and a wall tbal clocsn 't fit into the fabric of downlown
Englewood . He llalCd that downlown Englewood bal dderionled and feds thll -fabric is needed. not
just mending of the old. He feels a three foot wall ccwaed witb lhrullbery would make it look nicer along
that area. but remarked that a higher wall migbl attract lagen. He feels the comer of EDpCMIOd
Parkway and South Brmdway is an cxamplc of the CUITClll fabric of downloMt Enpwood tbal is
undesirable . Addreaing the puking imic, be llalCd the puking lo( bclwecn Hampden Aftl!UC and
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En&lewood City Council
May 1, 1995
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Englewood Parkway and Acoma Street and Broadway, though initially of a temporary nature, should be
kept by the City because it helps the busillCIIICS along Broadway.
(b) Fred Kaufman, owner of Kaufman's Tall and Big Shop, 3395 South Broadway, spoke in
favor of the Trolley Square Redevelopment Plan. He urged Council to do all they can to keep King
Soopcrs in Englewood.
(c) Dave Weber, 3141 South Clarkson SUm, spoke in opposition to the Trolley Square
Rcdc\-clopmcnt Plan. He feels that, with the redevelopment of Cinderella City, the Trolley Square
property might be occupied in a couple of years . He said properties in other areas, such as Cherry Creek
North. that haw the same configuration as Trolley Square, arc fillly occupied. He docs DOI feel it is a
good tndc off" to give up the c:urrcnt builcling for a view of King Soopers' parking lot.
(d) Harold Cdva, Exccutiw: Dircclor of the Englewood Downtown Development Authority
(EDDA), addressed the Trolley Square RcdeYclopmcnt Plan. He said that EDDA fully supports the
Redadopmcnt Plan. He said thal members of EDDA and their hired consultant gaw: testimony at the
rcccat Planning and 2-ing Commission IIICding rqarding -.c concerns related to the project. One of
the ~ ClOIICerlll Mr. Cdva cxpreaed is for awntaining the wwban feel" of the downtown area. EDDA
would like appn,val of the Redc\'ClopmcDt Plan ao be awi..,. upon an oo-going process to address the
wall, wbidl is inadoqualc, in their view. Other iaa include the right-in, right-Gill access to the property
and the lack of a QClll!pllliblc building design for the 2500 ..-e foot pad included in the proposal at the
northeast comer of the property . He feels thal none oftbac ClOIICUIIS shoulcl prohibit further discussions
with King Soopcrs to approve the project. while maintaining the integrity of the City Code.
(a)
considered.
A resolution appointing Susan MaJ1d to the Clean, Gn,cn and Proud Commission was
1bc raolutioa -assigned a number and rad by title:
RESOLUTION NO. 38, SERIES OF 1995
A RESOLUTION APPOINTING SUSAN MARTEL TO THE CLEAN, GREEN AND PROUD
COMMISSION FOR THE CllY OF ENGLEWCX>D, COLORADO .
COUNCIL MEMBER VORMl1TAG MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM I (a) -RESOLUTION NO. JI, Sir.IDES OF lffl.
Motion carried.
Ayes: Council Mcmbcrs Halbaway, Vonninag, Wiggins, Habenicht,
Wagoner, Waldman. Burns
Nays: None
(b) A proclamation declaring the week of May I through 7, 1995 as Crime Victims' Rights
Weck was considered.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION PROCLAIMING THE WEEK OF MAY 1 THROUGH 7, 1995 AS CRIME
VICTIMS' RIGHTS WEEK IN THE CITY OF ENGLEWOOD.
Motion carried.
Ayes : Council Mcmbcrs Halbaway, Vorminag, Wigins, Habenicht,
Wagoner, Waldman, Burns
Nays: None
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Ea&kwood City Council
May I, 1995
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Mayor Bums presented Bob Moore, Department of Safety Services Division Chief, with the proclamation .
Mr. Moon: commented on the proclamation. He recognized the caring employees and volunteers who
assist the victims of crimes and others in distress.
No public hearing was schc:dulcd before Council.
10. Coa-1 Aseada
COUNCil. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE ON
FOIST READING CONSENT AGENDA ITEMS 10 (a) (I), (ii), (iii) ud (iv).
(a) Approve on First Reading
(i) COUNCIL BILL NO. 17 , INTRODUCED BY COUNCIL MEMBER
HA1HAWAY
A Bll.L FOR AN ORDINANCE AU11fORIZING AN !NTERGOVERNMENTAL AGREEMENT
BE'JWEEN TIIE Cl1Y OF ENGLEWOOD, COLORADO AND TIIE CITY OF CHERRY Im.LS
VILLAGE, COLORADO WTlll RESPECT 10 TIIE CITY OF ENGLEWOOD'S MAINTENANCE OF
AN AREA IN TIIE CHERRY Im.LS VILLAGE WASTEWATER COLLECTION SYSTEM.
(ii) COUNCIL BILL NO. 16, INTRODUCED BY COUNCIL MEMBER
HA1HAWAY
A Bll.L FOR AN ORDINANCE AU11fORIZING AN !NTERGOVERNMENTAL AGREEMENT
BE'JWEEN TIIE CITY OF ENGLEWOOD, COLORADO, ARAPAHOE COUNTY BOARD OF
COUN1Y COMMISSIONERS AND WASTE MANAGEMENT OF COLORADO, INC . APPROVING
1lfE FIRST AMENDMENT 10 TIIE CONSOLIDATED AMENDMENTS 10 AGREEMENTS
DEALING WTlll TIIE CITY OF ENGLEWOOD PROVIDING TREATMENT FOR WASTEWATER
ORIGINATING AT 1lfE COUNTY LINE LANDFILL.
(iii) COJIITRACT WTlll E-Z GO COLORADO FOR TIIE PURCHASE OF I 5
MOTORIZED GOLF CARTS IN TIIE AMOUNT OF $44,700.00 .
(iv) COJIITRACT WTlll COMPETITIVE SPORTS SURFACES, INC . 10 REPAIR
TIIE TENNIS COURTS AT SINCLAIR MIDDLE SOfOOL IN TIIE AMOUNT OF $30,790 .00.
Ayes : Council Membcn Hllhaway , Vormiuag, Wiggins, Habenicht,
Wagoner, Waldnan. Bums
Nays : None
Motion carried.
COUNCIL Ml.Mar.a HATHAWA y MOVED, AND IT WAS SECONDED, TO APPROVE ON
SECOND READING CONSENT AGENDA ITI.MS II (II) (I) u4 (U).
(b) Approve on Second Reading
(i) ORDINANCE NO . 13, SERIES OF 1995 (COUNCIL BILL NO . 4,
INTRODUCED BY COUNCIL MEMBER HA1HAWAY)
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En&lewood City Council
May 1, 1995
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AN ORDINANCE AUTHORIZING AN INIBROOVERNMENTAL AGREEMENT BETWEEN THE
ARAPAHOE COUNTY DEPAR1MENT OF SOC:IAL SERVICES AND THE CITY OF ENGLEWOOD,
COLORAOO ENTITLED ~COMMUNITY WORK EXPERIENCE PROGRAM SPONSOR
AGREEMENT."
(ii) ORDINANCE NO. 14, SERIES OF 199S (COUNCIL BILL NO . 14,
INTRODUCED BY COUNCIL MEMBER HA111A WAY)
AN ORDINANCE REPEALING TlnE I, CHAPTER S, SECTION 2, SUBSECTION 12, OF THE
ENGLEWOOD MUNICIPAL CODE 198S, CONCERNING CAMPAIGN CONTRIBtmONS.
Ayes :
Nays :
Motion carried.
Council Members Hathaway, Vormittag, Wiggins, Habenicht,
Waggoner, Waldman. Bums
None
11. Onlilluca,.._lialllwlM.._.
(a) Approve on First Reading
(i) Planning Adminillnlklr Stitt praentcd a ra:ommcndation from the Department
or Community Development to approve a motion setting a dale for a public hearing to gather citizen input
on the Trolley Square rcdcvclopmcnt proposal. He rdalcd dial the Planning and .zoning Commission
bcld a public hearing on April 18 and 2S, l 99S, where tatinaly was recciwd and the Planned
~t was turned clown. In a>ntinuing the pn,cca. the matter is _. before Council where staff
rccommcnds the scheduling or a public hearing to CIOllliclcr the Planned Dc\'dopmcnt. He said there were
scvaal iaucs brought up at the Planning and :zoning C-miaion meeting <lOIICalling the design or the
wall, the right-in, right~ .:x:as to Broadway and the configunlion rl the pad sile on the northeast
ClOl'IICI' rl the property . He said that it is uff's '10lllidcred opinion tbal the plan tneds the criteria
illlpOICld by the planned devdopmcnt regulations and the underlying zone dislrict. The rccommcndation
ol staff is the approval ol the plan.
Council Member Hathaway asbd if scheduling a public hearing might kill the deal and if the timing is
still or conccm.
Jim Sullivan. developer for the King Soopcn project, asked, since he is pn,cludcd from making a
presentation this evening as this is not a public hearing. that an expedited hearing be held on May 22,
199S . The FDIC is involved in the ownership olthe property and the windows ol opportunity to close
with the Federal Oo\'cmmcm change rapidly. He llaled that this is a very complex deal and Dillon
Company is very COIICCl'IICld over the timing.
Council Member Wiggins asbd if Council can forep a public hearing on the rcdcvclopmcnt. City
Attorney Brotzman responded affifflllllivcly, advitin1 tbal public COIIUIICIIII can be taken during the
scbcdulcd and umcbcdulcd visitors portion of'the apnda. He said tbal on May 1', 199S, Council can
have the Resolution come before them on the PlanMd Dc\'dopmcnl wilhoul a public hearing. The tint
opportunity for a public hearing. c:onsidcring the publication IICbcdulc, is May 22. 199S .
Mayor Bums reminded Council that May 22nd is the Town Meeting and the pn:acntation of'thc Citizen of
the Year Award .
Rclponding to Council Member Hathaway, City Attorney Brotzman affirmed dial the public hearing can
be tebcdulcd OD any DOD-traditional meeting day, not just OIi Mondays .
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Ea&lewood City Council
May I, 1995
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Mr. Stitt, responding to Council Member Wiggins, Slalal that -,:n pcnons ancndcd the Planning and
1.oning Commission Public Hearing on April 25, 1995, and lllll*e in support o(the Planned Development,
with suggations. No one spoke in opposition to the clc\dopmellt. The -,:n were comprised of business
pc,oplc from the -. not citizens.
Council Member Waggoner suggcsled. radlcr than having a public bearing oo May 22 , 1995, that the
landlcapc an:hitect or site planner ICfVing OIi the Planning and l.oaing c-mimon and one other
member o( that Commission, med with the landscape architec:t or wtian design ClOIIIUltant of EDDA and
the developers landscape designer and one other member each from EDDA and the clevclopcr, and that
thoec six pc,oplc bring back a a>mbincd plan for Council's considcralioo. Council Member Waggoner
asked if a recommendation can be ready by May 15th.
Dilamion CIIIUCd regarding the group's ability to resolve fundamental ditfcrcnces about the dcvclopmcnt
by the 11'.-t date.
Council Member Habenicht asked if mfr is pn:pan,d to make recommendations to Council that take into
COlllideralioll CIOD'lmcnls made al the Planning and l.oaing Public Hearing. rather than go through a
a,mmittec: procas.
City Manapr Clark affirmed that mfr can make raxJIIIIIICllda. He feds the parties involved arc
generally in agn,cmcnt but vary in clcgrces OIi the i-in question. For imtanc:c:, he feels that all agree
that a wall will be built, but do IIOI nccasarily agree oo what it will look like.
Mr. Sullivan feds that King Soopcrs has addressed the QOIICel1IS of EDDA and feels they arc on the right
track. At the same time, he pointed out, King Soopcrs can't subject thcmsclves to an open check book
because their costs will increase significantly in buying the property, tearing it clown. and rcdcvcloping it.
He said that King Soopcrs is cxpcriencing declining sales and hopes that removing the impediment of
visibility and access will incrcasc sales, tbcrd,y insuring that King Soopcrs will Slay in Englewood for a
long time. He llated bis belief that a right-in. right.-aa::ess ii critical, but said EDDA feds that type o(
aa::ess inlcnupls the pedestrian pith along Broadway . Mr. Sullivan aid themn lies a fundamental
difl'cn:nce bclwccn the two entities . He docs IIOI fed the wall will be an iBIIIIIOWltlblc ditfcrcncc.
Council Member Hathaway rclared that, in lier apillioll. Kill& Soopcrs is • Foci neighbor and it has been
lier cxpcricnce that they CIOD'lC to the table with qgriewd partics in an IIIClllp( to mm: problems. She
agreed with Council Member Wagoner thal the parties lhould CIOD'lC tofdhcr to achieve resolution .
Council Member Habenicht aid that she IUppOl'tl ...._ will belp -this along, and address the
QOIICel1IS o( everyone involved, in the moll cfficicnt, cffecti~ and least C011tcntious way .
Council Member Wiggins feds that Council sbould folqo a public hearing.
COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO NOT SET A PUBUC
BEAltlNG TO GATHER CITIZEN INPUT ON THE TROu.EY SQUAB REDEVELOPMENT
PROPOSAL
Motion carried.
Ayes : Council Members Hathaway, Vormittag. Wiggins, Habenicht,
Wagoner, Waldman, Bums
Nays : Nooe
City AtlOnley Brotunan aid that, if anyooc wanu to wiclc an opi11ioa about the planned development,
they 1111111 apeak al the May 15, 1995 City Council llleelia& • a llCheduled visitor or an U111Chcdulcd
visitor.
Mr . Sullivan aid lhal he ii llllilfial with l&aff'1 .,,_... .. ioa to Council.
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Eactewood City Couacil
May l, lffl
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Mayor Bums said that Council has aln:ady shown their intcrat in the project by voting to forgive the loan
and renew the Deed of Trust.
Council Member Vormittag cxpn:aed his support o(the King Soopen rede\dopmelll project.
Rapoading to Council Member Wiggins. Mr. Sullivan coafinncd !bat approving the Planned
Dewlopmeat oa May 15, 1995 will allow tmn enough lime to pwdmc the property.
Council Member Habenicht ~ that she rardy wtes not to have a public hearing oa an issue and
the only -she wtcd that way this lime -because she has heard more QOIIIIIICllts oa this issue than
she has beard oa any issue. She feels that she has had a pod opportunity to hear from the public and the
public will allo have the opportunity to speak as prc-tChcduled or non-schcdulcd visitors al the May 15,
1995 Council mccling. She feels Council has their pulse oa the community right now and she feels it is
fim>nblc.
Council Member Hathaway suggalCd that noticlc he placed in the Englewood Herald advising the public
that the matter will be considered on May 15, 1995 11> that they can voice their aJ11CC111S if they wish to.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO AUTHORIZE
THE EXPENSE OF TWO ADS IN THE ENGLEWOOD HERALD, MAY 4, 1"5(D' POSSIBLE)
AND MAY 11, lffl, ADVISING CITIZENS THAT THE TROUEY SQUARE
REDEVELOPMENT PROPOSAL WILL BE CONSml.RED BY COUNCIL ON MAY 15, 1995.
Ayes: Council Members Hathaway, Vormittag, Wiggins, Habenicht,
Wagoner, Waldman, Bums
Nays: None
C4uM:il Member Waggoner staled thll his VOie oa May 151b will he aft'ectod by the extent that King
Soopcn .. to in Fltinl the duee gn,upl kJFlller to racb --
Mr. SullMa ~ appleCialion oa behalf of King Soopcn for Coullcil's lbaugbd'ulncss and
~ a staled thll they will be plqlaled oa May 151b.
Council Member Hathaway said that it -sugelled to her thal bricks from the existing Trolley Square
llrUclllR be IIICld in the building of the wall.
(b) Approve on Second Reading
Then: were no addilioaal ilems submitted for approval oa lDCIOnd reading. (See Agenda Item 10 (b) -
Coucnt Agenda.)
12 . Geaeral DilCllllioll
(a) Mayor's Choice
I . Mayor Bums advilcd he ancnded the Mdropolitan Mayor's Caucus oa Friday where he beard a
prac:ntalion about the dl'ects of air pollution on the human body.
2. He related that he attended the ~·1 Rcsi-) Growth Coafcrencc al the UIIMl'Sity of
Denver Law School . He said they brailllw.lllCd lbaul IUCb issues u air po11utioa. water pollution,
transpor1alion and diff'crcnt aspcc:11 of powlh.
fClcrk'1 note : Council Member Vormittag left the mccling at 8 :20 p.m.j
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Ea&lewood City C1111ac:il
May t, 1995
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3. On behalf of the Housing Authority, Mayor Bums presented Council with a check in the amount
oUJl,109.84 for payment in lieu of taxes for two years .
4 . Mayor Bums asked that Council approye bis attcodancc at the May 13, 199S CML Elected
Officials Workshop in Glenwood Springs. He explained that he is participating in the Elected Officials
c.ertifiadc Program through Colorado Municipal League (CML), wJucb requires thirty credits in three
yean. This ClOllferencc will allow seven credits toward that ciertificlllion .
COUNCil. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
MAYOR 8URNS' ATDNDANCE AT TIO ELECTED OfflCIALS CONFERENCE MAY ll,
lffl UNDER CML'S AUSPICES IN GLENWOOD SPlllNCS AND EXPENSES UP TO A
MAXIMUM OF SJ2S.N.
Ayes :
Nays:
Abllain:
Abacnl :
Motion curied.
Council Mcmbcn lfadlaway, Wiggins, Habenicbt, Waggoner,
Waldman
Noae
MayorBurm
Qiuacil Member Vonninag
(b) Council Member's Cboicle
(i) Council Member Hathaway llatcd she will attend a Denver Regional Council of
Cmemmcnls (DRCOG) Board worbbop in ~t Friday and Saturday. They will be furthering the
dilCUllions initiated at the GoYernor's Regional Growth Confermce relating them to the Metro 2020
Vision Plan. Tberc is no additional expemc to the City for the wortsbop.
IClert's DOie: Council Member Vonninag raumcd to the mceling at 1 :26 p.m .l
Ms. Hldlawlly and Mayor Burns clilC:u-a DRCOG ima.
Mayor Bums dilCUSled a lludy done by a class II the UIIMl'lity of Cdonldo on the growth potential for
the ........ axridor and bow Ille cities ilMIMd could wart ...-for. ClOIIUIIOII plan of
dcYelopmcnl . He and odlen in Ille tri-cilics group are illleRlled in wing if cities working in such a group
can extend that a,operalion to things other tban the South Sula Fe enhancements.
Council Member Hathaway fdt Ille City bu r=wd such a lludy in the put and n,qllaled that staff see
if that is still available.
(ii) Council Member Vorminag expraaed his appn,cialion for the handling of the
King Soopers matter and stated he is bopdul the paJties can reach agreement.
(iii) Council Member Wigia ,a:,opized lllat the pier, OD the IOUlb side of the lake
II CaMennial Part. is in place and he o&red kudal to Palb ud Roc:ratioa.
Council Member Hathaway IIOICld thlll Craig Halpilal is alrady llling the pier, 11 pan of their 1eheduled
n:aalion, • ii is IICICalible .
(iv) Council Member Walclawa :
I . He n,qUaled cilium be made nare throup Ille Englewood Hcralcl that Qiuacil Members may
be callod al home, rather tban II their place of employment
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Ea&lewood City Council
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2. He asked if anyone on Council will be attending the Public Hearing to be held regarding South
Suburban Parks and Recreation opening a miniature golf course and batting cages.
Discussion ensued regarding previous c:onvcrsations and actions relative to such facilities and whether
Council still holds the same opinion about their private versus public operation.
Council Member Wiggins volunteered to attend the hearing on Council's behalf. The Public Hearing is
tomorrow morning at 9 :00 a.m .
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO SUPPORT
COUNCIL MEMBER WIGGINS IN AN ENDEAVOR TO CONVEY TO THE COUNTY
COMMISSIONERS THAT COUNCIL HAS A PROBLEM WITH A PUBUC RUNNING 011' A
MINIATURE GOLII' COURSE, BATTING CAGE, ETC. AT THE NEW REGIONAL PARK.
Motion c:arricd.
Ayes: Council Members Halhaway, Vormittag. Wiggins, Habenicht,
Waggoner, Walcbun. Burns
Nays : None
(v) Council Member Waggoner addrClml the Trolley Square issue and requeskd
apccifics on the ncptivc impacts referred to in the Council Conununic:alioa relative to Agenda 11ml 11 (a)
(i). He requested that he be informed o( the pn,grea the poups make when they meet relative to King
Soopers. City Manager Clark assured Council that they will be kepi informed.
(vi) Council Member Habenichl :
I . She Slated she has RICCivcd a number oC calls, from businesses and citizens throughout
Englewood. regarding the Trolley Square iaue and no oae spoke against it.
2 . Sbc advilcd she aamdcd the GoYernor's Regional Growth ConfCRDCC on Saturday. She
cx,mplimeated the facilitalion and Slated she WB vcry impreslcd with the preseatation o(the Metro 2020
Vision Plan .
J . Sbc noted that the Bookmobile went back on the road today .
(vii) Council Member Waggoner Slated that the King Soopers iaue is quite
CIOlltl'oYCnial and he fdt that Council has a tendency at times to get a little mon: involved than they
should. He fdt Council went a little beyond their boundaries on this partic:ular iaue. Mr. Waggoner
CIOIIIIIICllled that he just wanted to caution Council.
13 . City Muqu'1 llepert
(a) City Manager Clark di--1 the llalul oC the Cinderella City ~-
Negotialions with Mercantile Company, the puenl complll)' for JOllins. are progn:aing and the City is
still waiting for a reply or decision on our propoul. He Slated he has nolhing new to report regarding
Equitable.
(b) City Manager Clark rccommendcd that Council go into Exccutivc Session immcdialely
following the regular City Council meeting to dilCUSI employcc usocialion nepliations.
COUNCIL MEMBER DATHA WAY MOVED, AND IT WAS SECONDED, TO GO INTO
EXECU11VI SESSION IMMEDIATELY FOLLOWING THI COUNCIL MUTING TO
DISCIJSS EMPLOYEE ASSOCIATION NEGOTIATIONS.
Ayes : Council Members Halhaway, Vormittag. Wiggins, Habenicht,
Wagoner, Walcbun. Burns
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Nays: None
Motion carried.
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(a) City Attorney BnllZmlll adviad Council of the lllllul of the Tbomu Plating issue. He
n:llled 11111 the Baud of~ 11111 Appcall apllcld bada the CcllC ad Daill Older ad the
remediel pnMded in 11111 Older. Scaff ii camatJy W01tiDa with 1'llomlt Plllilll, the EaviJollmenlll
l'nltec:lioll Apl/1:y and the State of Colorado to ramve the c:llemicalt from the lite and to adopt a clean-
up plan.
Reapoading to Council Member Wiggins. Mr. Brmman llid that Tbomu Plating is tchcdulcd to appear
befon: the WIiier and Sewer Baud in June, 1-ver, Mr. Thomas bas iDdiclted dlll be prablbly will not
be pRIICllt.
ID letpOIIIC to Council Member Waldman, City Attorney Brcll7.maa affirmed 11111 Thomas PlaliJlg will be
fiDlncially ftilll Dlllible for the c:leaiHp.
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
VIIIITOll8
DATE: MAY 1, 1995
NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FNE
MINUTES. PLEASE SIGN THIS PUBLIC COMMENT ROSTER, STATING
NAME, ADDRESS, AND TOPIC OF COMMENT.
PLEASE PRINT
NAME ADDRESS TOPIC
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MAY 1, 1995
7:30 P.M.
Call to order. '7: 3{, ~
Invocation. /JJJ1fM
Pledge of Allegiance . ~
Roll Call . atA, I/~
Minutes.
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a . Minutes from the Regular City Council Meeting of April 17. 1995.~
6 . Scheduled V isitors . (Please limit your presentation to ten minutes.I
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Non·thedied Visitors . (~ase limit louiJ'etentation to five minutes.) . 1-.,~~ r,s:~'f() .I/Ultl ~ ) ~"~,~/~1 ~)
e,.. /)A-1/E /JIii.UL ~ Ir LI ~-,--
Communications , Proclamations. and Appointments.
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8 .
/1J:. gr a .
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A resolut ion a9pointing Susan Martel to the Clean. Green. and Proud
Commission.{)~
A proclamation declaring ~e week of May 1 through 7. 1995 a, Nallonal
Crime Victims' Rights Week. ~ (}JfJ '7-D
9 . Public Hear ing . (None Scheduled!
Piute note: If you t..ve • diwbility ud need ••Hwy aids or..._,,._ notify lhe Clly of& ..... .., (762-2370) al
IHsl '8 houn in M\'•nce of when services -IINded. TilaNl you.
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Chy Council Agenda
May 1, 1995
Page 2
10. Consent Agenda.
a. Approve on First Readin~ JO · ·. · ·· 1·t/ ;r.., rhA~f/l~ -~ -fp /I ,._, 1 II I Ill 1-V/1.,tr-·---7
~commendation f the Utilities Department to adopt a bill for an
ii.
iii.
ordinance approving an Intergovernmental Agreement with Cherry
Hills Village for Wastewater Collection System Maintenance. STAFF
SOURCE: Stewart Fonda, Director of UtilltiH.
Recommendation from the Utilities Department to adopt a bill for an
ordinance amending the Wastewater Transmission Agreements with
Waste Management, South Arapahoe, and Arapahoe County. STAFF
SOURCE: Stewart Fonda, Director of Utllltiea.
Recommendation from the Recreation Services Department to
approve, by motion, the purchase of 15 mot.orized golf carts . Staff
recommends that the bid be awarded to the only bidder, E-Z Go
Colorado, in the amount of $44,700.00. STAFF SOURCE: Jerrell
Black, Director of Recreation Services.
iv. Recommendation from the Department of Public Works to approve, by
motion, a contract for the repair and resurfacing of the tennis courts
at Sinclair Middle School. Staff recommends awarding the bid to the
low bidder, Competitive Sports Surfaces, Inc ., in the amount of
$30,790.00. STAFF SOURCE: Chris Korba, Parka Administrator.
~9-o-~lln1,.,~tr~ /Olri 1-ii ~~~
b.1 '~:Vln Second Readind'.r ~ ------·11
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ii.
Council Bill No. 4, approving an Intergovernmental Agreement with
Arapahoe County authorizing a Community Work Experience Program
Sponsor Agreement.
Council Bill No. 14, repealing sections of the Englewood Municipal
Code relative to Political Action Campaign Contributions.
11 . Ordinances , Resolutions, and Motions .
AIJli'J-0 {A) .a .. Ar;;;;;;;va~ /NP ALJ-4.-~~~//t.i
7'., 'f~\ Recommendation from the Department of Community Development to
approve a motion setting a date for a public hearing to gather citizen
• input on the Trolley Square redevelopment proposal. STAFF SOURCE:
Harold Stitt, Planning Administrator. . . . · . Off'_ '1-0 I ~ . ,,1. ~ t°' th:,/l&t;._~~---
,.... note: If you hawe a dillblllty and nwl -111ary Iida or ilmca, plwe nodfy die City al & ... wood (7'2•2379111
INII 41 i-.. in advM1Ce of when Mmefl -......_ 1"-you.
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Chy Council Agenda
Mey 1, 1996
Page 3
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b. Approve on Second Reading .
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~Kl /JOT£.·. e{)IJ,Ji.Jl-h1MBE-l.... l/t}f8f l[!1§ Lefr (Jle _ ,tl~Pll!J 4( 8 -~ A,J)/)
12. General Discussion. ll~UJ) t-O A-r ~·At,;.,._)
City Manager's Report.
a. Redevelopment Report on Cinderella City .
Recommendation to go into Executive Session immediately following the
regular City Council meeting to discuss employee asso.ciation negotiations.~
14. City Attorney 's Report.
The following minutes were transmitted to Council from 04/14/95-04/27/96:
• Englewood Public Library Board meeting of March 14, 1995.
• Englewood Planning and Zoning Commission meeting of April 4, 1995.
• Englewood Parks and Recreation Commission meeting of April 13, 1995.
• Englewood Liquor Licensing Authority meeting of April 19, 1995.
Plew note: If you haw• dlubillty wl IINd auxlllary aide or.,._, plwe notify the City of Enpwood (762-2370) at
INlt 48 houn in ..tvance of when RmCes .. -.lld. ThlM you.
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ENGLEWOOD OTY COUNCB.
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
April 17, 1"5
1. Call to Order
Tbe regular meeting of the Englewood City Council -called to order by Mayor Burns It 7 :34 p.m.
2. lavocation
Tbe invocation was given by Council Member Wiggins.
3 . Pled&e of Allepance
The Pledge of Allcgiancc was led by Mayor Burns.
4. Roll Call
Present:
Absent :
Council Mcmbcn lfalllafty, Waldman, Wiggins, Habcnicbt,
Vormittag. Wagoacr, Burns
None
A quorum was p,-nt.
S. MiNtel
Also prcscnt: City Manqer Clark
City Auorncy 8ralZman
City Clcrt Ellis
Diniclor Ellerly, Public Worb
(1) COUNCO.MDDEllllATIIAWAYMOVED,ANDffWASSKCONDED, TO
APPROVE THE MINUTES or THE UGUIAll lllUTING OI' Al'IID.. J, 1"5.
Ayes : Council Melllben Hadllway, Vanaiaal, Wigial. Habaliclil,
W...-,,Waldlllaa,Buras
Nays : None
Motion carried.
(1) Becky AlfRy WU not placal II Kb $ led Mayor Bllrm ldvilld dial Ma. AlfRy mel
with City Manager Clark this ancr-.
7 .
Tberc were no non-scheduled visilOn.
8. c--•katiolla, Proc:1-adaml IINI Af,1lats ta
(1) A proclamation declariq tbe-'* of April 17 lllnlllp 22, 199511 Vollllllecr Week
was considered .
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Ea&lewood City c-11
April 17, 199!1
Pase2
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION PROCLAIMING, IN TBE CITY OF ENGLEWOOD, TBE WEEK OF APRIL
17 THROUGH APRIL 22, 1"5 AS VOLUNTEER WEEK IN HONOR OF ALL OF TBE
VOLUNTEERS TBA T WE HAVE, PARTICULAllLY IN TBE DEPARTMENT OF SAFETY
SERVICES.
Motion carried.
Ayes : Counc:il Mcmbcn ffldlaway, Varmiuag, Wigilll, Habcaidll,
Wagoner, Waldlma, 8urDs
Nays: None
The Safety ScrviCla VolUDtecn are:
Alice Amlluzio
Georgina Brown
Selina Christianson
Carol Cole
Kathleen F1ahcny
Kim Garver
RCYeRDd Dave Groen
Mn. Fred Hahn
RCYeRDd Fred Hahn
Mic:bael Hawkins
Ellen KIIIIClek
Sieve Kunst
TocldLinn
GuemcyMunn
Bill Naylor
Michael O'Coanor
Georgia PeUuaff
Nanltabi.-
MariaRojal
Donldly~
DamiDic: Saleh
RCYeRDd Olea Sallpier
Deailc T-1iHtoae
Darlene TerMIM
Norma Wier
MarioaWyatt
Mayor Bums presented the prodamalioa to !bole wlllllleen wllo -pnaelll: Ma. Wier, Ma. KIIIIClek,
Ms. Petranoff, Ms . Robimoa. Ma . Garwr, Ml. Pllllerty, Ml. ,_,_, Mr. ,_,_, Mr. Mwul, .. Mr .
Naylor.
Mayor Bums, on bebalf' ~ CGuncil, exprWld llil appnc:ildoD to die 'VOlumNn.
(b) A proclaP!llioo dec:lariD& Tueldly, April 25, 1995 as Nalioaal Youth Service Day 1995
WU considered .
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION PROCLAIMING TUESDAY, APRIL 2!I, 1"5 AS NA DONAL YOUTH
SERVICE DAY 1"5 IN TBE CITY OF ENGLEWOOD.
Motion carried.
Ayes : Council Mcmben Halbaway, Varmiaq, Wiuim. Habcaidll,
Wagoner. Waldlma, Burm
Nays : Noae
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En&lewood City CCN1ncll
April 17, 199!1
Pagel
(c) COUNCR. MEMBER HATHAWAY MOVED, AND ITWAS SECONDED, TO
ACCEPT WITH REGRET BEVERLY A. MAES' UTTER or RESIGNATION PROM THE
CLEAN, GREEN AND PROUD COMMISSION.
Motion carried.
Ayes : Council Members Halha,way, Vormittag, Wigias. Habcaicbl,
Wqgoaer, Walclmln, Bums
Nays : None
Council Member Hathaway roquatcd that Council review the lilt af applicaats who applied for a position
on the Clean. Green and Proud Commiuioa the lut time. She mgatod Council interview for the
vacancy on May I in order to bring the Commillion back up to 15 members as IIIOII • possible.
Mayor Bums agreed that would be a good idea.
9 . Public Huria1
No public bearing was scheduled before Council .
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO AnROVE ON
PIRST READING CONSENT AGENDA ITEMS 10 (a) (I), (U), (Ui), (Iv), (v), (vi) ud (vii).
(a) Approve on First Reading
(i) COl'ffllACT Wl1H FISHER SAFETY AMERICA FOR 11IE PURCHASE OF
SELF.CONT A1NED BREATIDNG APPARAnJS AND a»mlACT Wl1H COMPRESSOR
INDUSllUES FOR PURCHASE OF EAGLE HI-PRESSURE COMPRESSfCASCAD IN 11IE
AMOUNT OF $81,404 .10.
(ii) RESOUmON NO. 36. SERIES OF 1995
A RESOLlITION AMENDING 11IE APPROVED 1994 BUDGET AND APPROPRIATING MONIES
FOR 111E CITY OF ENGLEWOOD, COLORADO.
(iii) COl'ffllACT Wl1H GENERAL CHEMICAL CORPORATION FOR 11IE
PURCHASE OF APPROXIMATELY 440 TONS OF LIQUID ALUMINUM SULFA'm FOR 1995 IN
11IE AMOUNT OF $165 .00 PER TON .
(iv) COl'ffllACT Wl1H DATAMATIC, INC. FOR 11IE PURCHASE OF AN
AUTOMATED METER READING SYSTEM IN 11IE AMOUNT OF S2 l ,l l l .OO.
M COl'ffllACT Wl1H 11MBEltLINE ELEC11UC TO INSTALL AND
PROGRAM 11IE SECOND PHASE OF SCADA (SUPERVISORY CONTROL AND DATA
ACQUISmON SYS'mM) INSTALLATION FOR 11IE AU.EN Pn.TER PLAN1' IN 11IE AMOUNT
OF $43,290 .90 .
(vi) COUNCll. Bll.L NO . 4 • INTRODUCED BY COUNCll. MEMBER
HATHAWAY
A Bll.L FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN 11IE ARAPAHOE COUNTY DEPARTMENT OF SOCIAL SERVICES AND 11IE CITY
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Englewood City Council
April 17, 199!1
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OF ENGLEWOOD, COLORADO EN'JTil.ED "COMMUNITY WORK EXPERIENCE PROGRAM
SPONSOR AGREEMENT."
(vii) COUNCll.. Bll..L NO . 14, INnODUCED BY COUNCil. MEMBER
HATHAWAY
A Bll..L FOR AN ORDINANCE REPEALING 11TLE I, CHAPTER 5, SECTION 2, SUBSECTION 12,
OF 1llE ENGLEWOOD MUNICIPAL CODE 1915, CONCERNING CAMPAIGN CONTRIBtmONS.
Vote readtl:
Motion carried.
Ayes : Council Members Halbaway, Vonnittag, Wiggins, Habenicht,
Waggoner, Waldman. Burns
Nays : None
COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE ON
SECOND READING CONSENT AGENDA ITEMS 10 (b) (I), (II), (Iii) ud (iv).
(b) Approve on Second Reading
(i) ORDINANCE NO . 9, SERIES OF 1995 (COUNCil. Bll..L NO . 9,
INTRODUCED BY COUNCll.. MEMBER HATHAWAY)
AN ORDINANCE AUTiiORIZING AN AMENDMENT TO 1llE EMERGENCY
INTERCONNECTION AGREEMENT BETWEEN 1llE CITY AND COUNTY OF DENVER AND 1llE
CITY OF ENGLEWOOD, COLORADO
(ii) ORDINANCE NO. 10, SERIES OF 1995 (COUNCil. BllJ. NO. 10,
INTRODUCED BY COUNCil. MEMBER HATHAWAY)
AN ORDINANCE AtrrnORIZING VACATION OF CERTAIN tmLITY EASEMENTS LOCATED IN
1llE CITY OF LITTLETON BY TifE ruRF CLUB APARTMENTS ON 1llE BROWN DITCH BY
1llE CITY OF ENGLEWOOD, COLORADO.
(iii) ORDINANCE NO . 11, SERIES OF 1995 (COUNCil. Bll..L NO . 11,
INTRODUCED BY COUNCll.. MEMBER HATHAWAY)
AN ORDINANCE APPROVING SUPPLEMENT NO . 125 TO 1llE SOUTiiGATE SANITATION
DISTIUCT 'S CONNECTOR 'S AGREEMENT Wl11i 1llE CITY OF ENGLEWOOD, COLORADO
FOR 1llE INCLUSION OF LAND Wl11ilN 111EIR DISTIUCT BOUNDARIES .
(iv) ORDINANCE NO. 12, SERIES OF 1995 (COUNCil. BllJ. NO. 12,
INnODUCED BY COUNCll.. MEMBER HATHAWAY)
AN ORDINANCE APPROVING AND AIJl1K>RIZING 11IE EXECtmON OF AN
INTERGOVERNMENTAL SUBGRANTEE AGREEMl!HI' FOR 1llE 1995 ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN 11IE ARAPAHOE BOARD
OF COUNTY COMMISSIONERS AND 11IE CITY OF ENGLEWOOD .
Vote rnulh:
Ayes :
Nays :
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Council Members Halbaway, Vonnittq, Wigins, Habenicbt,
Wagoner, Wildman. Burns
None
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Enpewood City Council
April 17, 1995
Pages
Motion carried.
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11 . Onllnanca, RaollltkNII ud Mndnu
(a) Approve on Fint Raiding
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(i) Director Ellerly praellled a RQOID!Dffl'Wion &om die Deputment al Public
Works to adopt a resolution al intent to form CCIIICRle DilUic:t No. 1995 with a public bearing ICheduled
for May 15, 199S . He noted tbal in 1990 Council bemmc coacerned lboul die clclerionliDa condition al
ClOIICRte c:wtll and sidewalks tbraugbout Englewood and, nmpirina dllll npain are die raponsibility al
adjacent property owners. Council clirec:tecl llatr to dewlap plans deliped to 11e1p individuals meet tbeir
obligations. Staff, he Slated. recommended die c:nalion al Special Dillricu llllely for coacretc repain. u
a Special District permitted die issuance albonds tbal pn,vide fiDaaciDg CMr ten years for property
owners in need of an extenclcd payment plan. Mr. Ellerly pointed out tbal other fealura al an EDglewood
Special District include tree replacement in the right~f-way, an aaemncnt deferral program ior fixed or
low income property owners and voluntary additional conc:RIIC . He explained tbal CoDCRIIC Replacement
District 1991 amc:entrated on the southeul portion oC the City. bcJwe\,er anticipated economies al scale
and a compact project area were not realized and citizens expreaed concem tbal they were being made to
repair concrete in better condition than other loc:atioas lbrougbout tbe City . Director Eslcrly stated
Concrete Replacement District 1992 wu organized to target the concrete IDOlt in need of repair
throughout the City . A Concrcte T8* Fora: compoaed al citmm, Council members. llatr and other
interested parties WU formed in 1992 and, baled upon tbeir RQ01Dma,dation, Council propoNd a c:bange
in financial responsibility for concrete repairs after tbe IIIOII needed repairs were made . 1'IIOIC IIIOII
needed concrete repairs were identified for Concrete R.eplllCCIIICIII District 1993 . Mr . Ellerly stated that
due to delays associated with securing extended financing for relpOlllible property ownen, tbe 1993
District WU been postponed until-· He noted that duougboul tbe catirc proce11,apo,lliblc property
owners have been notified oC their COlllinuing responsibility al public meetiDp. lhrough tbe pras. via door
hangers and by direct mail .
Director Esterly stated that if Council elects to go fonwanl with tbe Diltricl, CIIIIIUUclioD will be
completed this year and a ballo( qualioD authorizing tbe iaaDCe al bonds will be submitted to tbe
adjacent property owners, who are also regiSleled eleclors. at tbe NCMlllber 199S electioll. He llated tbal
assessments would be due and effective January l, 1997 and, depending oa tbe outcome alNCMlllber's
election. the assessment amounts would either be due 100% with property taxes paid in 1997 or paid CMr
a ten year period .
In response to Council Member Vormittag. Mr. Ellerly confirmed tbal the Ii• al all'ected addraaes will be
published in the Englewood Herald u pan altbe raolutioa .
The resolution wu assigned a number and rad by title :
RESOLlITION NO . 37, SERIES OF 199S
A RESOLlITION DECLARING 1llE l!ffENTION OF 11IE CITY COUNCR. OF ENGLEWOOD,
COLORADO, TO CREATE A SPECIAL IMPROVEMENT DIS11UCT IN 11IE CITY, TO BE
DESIGNATED AS CONCRETE REPLACEMENT DIS11UCT NO. 199S, ADOPTING DETAD..S AND
SPECIFICATIONS FOR 11IE PROPOSED DIS11UCT, AND DIRECTING PUBLICATION AND
MAILING OF 1llE NOTICE OF HEARING TO 11IE OWNERS OF 11IE REAL PROPERTY IN 1llE
DISTIUCT .
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPllOVE
AGENDA ITEM 11 (a) (I)· RESOLUTION NO. 37, SERIES or 1"5.
Ayes : Council Members Vormittq. Wigim. Habcaldll, Wagoacr,
Waldman. Bums
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EasJewood City Council
April 17, 1995
Pase6
Nays :
Abstain :
Motion carried.
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Council Member Hathaway
Council Member Hathaway Slated she feels it is iupproprialc 10 CUI a vote on this resolution as her
property is included in the district.
(b) Approve: on Second Rtadina
There were no additional ilemS IUbmiacd for apprvYal on ~ radin&-(See Apnda Item 10 (b) •
Consent Apnda.)
12 . Geaeral DIICllllioa
(a) Mayor's Choice
I . Mayor Bums Slaled he left an extensM -cc with Senator Blic:kcmdcrfcr, cldailing bis
analysis of Senale Bill No . 95-149, c:oncerning "Just Compensation Obliptions of Local OcMrnmcnt"
and that the Senator has received material rdatM 10 the Bill fram the Colorado Municipal League .
Council Member Habenicht noted she spake 10 Senalor Blickcmderfcr and be indicated it w bis
thinking that the Bill will be sent bllc:k 10 committee. He indicatcd be bad supported the bill in its original
form and appreciated being brought up 10 speed. apecially with Englewood's concems.
(b) Council Member's Choice
(i) Council Member Hathaway :
I . She advised that the EDDA applied for and receiwd a Cultural Fac:ilities Grant in the -.it of
approximately $4,900, for the Sound of Summer concen IClies . Ms. Halhaway lllled that die conmu
will be scheduled basically every other Thursday and Council should be RICCivma that ldledule fairly
soon .
Council Member Habenicht Slaled that the Anpaboe County Cultural Council bas put fonll a
recommended list of organiDtions and amounts 10 be fimded wbich will be the lllbjcct of a public bearing
al their May meeting. Ms . Habenicht pointed OUI that their ,.,...,..,mendalions may cbanF after the public
hearing process . The Anpaboe County Cultural Council will then bwanl their l'ICIOD!mendalion 10 the
Arapahoe County Commissioners and she 5lalcd it is not until the C-millionm act that the grant
becomes final . Ms . Habenicht stated it is very excitin& .
Council Member Hathaway suggested that the Anpaboe County Cultural Council CIOlllider ,-diq
their letter as ii led her to believe that the grant bad been appruved.
Council Member Habenicht thanked Ms . Hathaway for sbarina that CXIIICCl1I and lllled she would la
into ii.
2. Ms . Hathaway advised staff that molt of the road ClOllltnlction sips aa DarUnoutb and Santa Fe
an: CO\'Crcd with graffiti .
3. She Slated the Planning and 1.oning Commission will consider -upects of the Trolley
Square reorganization tomonow night. She noted that she understood, due 10 the fact that IDIIIC of the
King Soopcrs plans may have changed. that the hearing may be continued . Ms. Hathaway Rqualed that
Council be kept informed of the process in a timely manner.
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Englewood City Council
April 17, 1995
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City Attorney Brotzman agn,cd to keep Council appriaed.
(ii) C.ouncil Member Wigins:
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bas been agn,cd upon but mllll be appn,Yed by lhc Boud.
2. He advised that South Subwtu is lookiDa co build a fourth ball field and purcbue lhc land
wheR Home Lumber is localed for parkilll, ClODlinpnt upon Home Lumber VIICaliDg tbe property. Mr.
Wiggins feds Council sbould be n1R lbal lhal is a pcUDtial loss of tax mcnue. He added that South
Suburban bas been unsucceaful in paiJII privlle pu11111 co build a miniatuR golf coune, amequently
they will approach lhc County Commigic,pm co cldcrmiDc if they can move ahead with lhc plans.
Discussion ensued regarding lhc oripaal Plallnod Dftdopment. City Attorney Broczman advited thal, if
the park encompasses the land where Home Lumber is localed, then the Planned ~ must be
amended. Also, Mr. Brotzman swed Cbal all minialun: golf courses must gee permission from the County
Commissioners, which South Subwtu mllll do if the private funding is lose.
In response to Council Member Vonniaag, Council Meinber Hathaway and Council Member Wigins
advised that land where Home Lumber and Araplboe Rental are situated was annexed inlo Enpewood
about two years ago.
Further discussion ensued.
Council Member Habenicht staled sbe feds ii is really iqNll1aDl to ranain informed of South Subwtu 's
progress and suggested Council may not co meet witb lbeir board.
Mayor Bums agn,cd that a mectin& ~ Council m lhc Soutb Suburbu Boud waald be bcncficial .
(iii) C.ouncil MClnbcr Habeaidll lllled tbe Bcrianat,ilc will be badt on lhc raid
May I , 199S . She invited C\'CtyOIIC 10 c:dclnlc on Sunday, April 23, 1995 from 1:00 p.m . co 3:00 p.m. in
the Library parking lot .
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Mayor Bums advised that, when be was in WasbiJl&lon D.C ., be met witb Seaalor BIVMI and bis Chief' of
Staff and in a letter asked Mr. Brown 10 write lcllers co lhc appropriale commiaees, i .e . lhc Trampor1alion
Committee. regarding the light rail funding . Mr. Burns Doted that Senator Brown is in lhc micldlc eut
right now , but he expressed his disappointment lhal lhc Scaalor's office bas not responded 10 bis
inquiries.
13 . City Muacer's Report
(a) City Manager Clark announced lhal Community ~clopmelll Dircclor Lee Merkel bas
been appointed the Town Manager of Dillon, Colorado and bis resignalion is dl'ec:lwe May S, 199S. He
stated be met with Mr. Merkel today 10 di-lhc trulilioa plan . Mr. Clark noted be inlendl 10
advertise: for his replacement u IOOD u poaiblc.
(b) Mr . Clark Slalcd lhal John Loss, Euculiw Vice PraideDI of Miller Dcvdopmeal, was
present to give Council an update on the Cinderella City ~ plw.
John Loss rcponed that he anlicipata an executed ......-, bctMen lhc City of Eqlcwood and Miller·
Ki1chcll , in approximately 30 days. He staled bis ftrm IClll OUl 50 aencnI lllllbtina pec:kqea and they
arc pleased with the positive rcspo111e . Mr. Loss llltecl lhal n:praenlatives ofMillcr-K.itchcll and City
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En&lewood City CCN1acll
April 17, 1995
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Manager Clark will attend a CXlll\'Clltion of tbe llllenlalioaal Counc:iJ of Sboppiaa Ceaten (JCSC) in Las
Yeps. He advised that virtually C\'CIY aalioaal nuiler llleDdl die~ 111d 111-.1 tbe value of
participating. Mr. Loa. citiaa tbe impor1ancc otdle eDla1liDaal •·• -• otdle projed. advised they
are WI)' eacourqed that they have ncciwd politiw leelliack ha two of die ..,._ tllalcr opcn,ton.
Mr. Loa llaled, far die City 111d Miller-Kitcliell IO NdeYelop Ciadenlla City,•• 1 !Mk deal lillllt be
--9 OU1 witll Equitable. He llllfed dill die aeptillicm widl l!qllillllle UMihe two -.0, CODCrml, die
eaviJoamealal clemHp oftbe lite 111d die exi11iDa Malllpa,ery WIid a-. Mr.1.-Cllllcluded liil
praealalioa by IIOtina that Miller-Kildlell CCllllilul to meel will, City Slldr, EDDA, die Ramy and RTD
repeaulMiws • they ClDlllider dlele kind of iWM lllllliDp lley to~ lawhemeDl. Alao,
be lllled. die iDpUI 111d pcnpeaive of aeipbo,t,ood paup1 are Yilll diirilll dlele wly plam,iq llap.
Mayor Banis llllfed dill a lri-pllty ......-belweeD Eqaillllle. die City and Miller-Kitcliell -
previously dia:uaed ... Ii ... of Mr. l.-'1 ...... dill die MWer-Kildicll 111www.t witll die City is
dole to beina fiaaliad. Mayor Bums qualioDed wl.edlcr Dlllltilliw witll Equitable will be ...,_ or
if they will C\'elllUally tie in fOlelber . Mr. Laa llaled tbe... b will be related.
Mayor Bums asked if tbe enviroammlal study illUll be CC mpleted befcR die dndopmcnt qnemeot can
be finalil.ed . Mr. Loa Slated he did not think 11>, that be believa die plan al this time is to illO\'C forward
with a cb'elopment agreement that probably bas IODIC c::ontiqcncics related to tbe ultimate outcome of
the environmental study.
City Manager Clark Slated the development qrecment is ac,ina to be lll1ICblnld around tbe City's ability
to deliver tbe property to Miller-Kildlell 111d part of tbat ability liia,es upon what die CIMIUlilllCllta
study indicates.
City Manager Clark advised that Counc:il's May I Sludy SeaioD will be clMllod to tllis ~ aad they will
walk Council t1uouab tbc dewlopmcal apeemeat.
Mayor Bums felt that tbc eaviJoamea1a1 study will have I llllrUi& OD llow die lilc will be .... don a
well as tbe method of clilpllliaa of die pn,clucU of dill deeolilion Mr. 1.-..,.._
Mayor Bums thanked Mr. Laa for liil update .
14 . City Atton,ey'1 Repon
City Attorney Brotzman did not have any liillltCn to llrilla bcfln c.c-cil.
15. Adjoun,mnt
COUNCIL MEMBER BA TBA WAY MOVED TO AIUOUM. TIie mcetiaa ....... II I : 14 p.m.
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-.>UJTION NO. i
SERmS OF 1996
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A DIOUJ'l'IOlf APPODffllfG 8lJUN 11Amm. 'IO ma CI.Ulf, GUIDI
AND PROUD COMMISSION FOR THB CITY OP BNGLBWOOD, COLORADO.
WIIBRBAS, there ii a vacancy in the Bqlewood Clean, 0-and Proud Commiuion;
and
WIIBBBAS, Suaan Martel bu applied to ..,.. u a member of the En,lewood Clean,
Green and Proud Commi11ion; and
WIIBBBAS, the Englewood City Council clesir9I to appoint Sman Martel to the
Bnclewoocl Clean, Green and Proud Commiuion;
NOW, THEREFORE, BE IT RESOLVED BY THB CITY COUNCIL OP THE CITY OP
ENGLEWOOD, COLORADO, THAT:
8ertim 1 Suaan Mart.el ii hereby appomt.ed to the Enpwood Clean. Orem and Proud
Commillion effective immediately with term apirinc December 10, 1998.
ADOPl'ED AND APPROVED this lat day of'Yay, 1996.
Thomu J. Bum,, Mayor
ATTEST:
Loucrilhia A. Bllil, City Clerk
I, Loucrilbia A. Bilis, City Clerk for the City of Bqlewoocl, Colorado, hereby certify
the above ii a true capy ofBeeolutian No._ Series of 1996.
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PROCLAMATION
WHEREAS, one violent crime is committed in America nery 18 -da; -d
WHEREAS, with 3S million Americana vietimiaecl in the United Stat.ea each year, crime
victims are rapidly becoming a majority; -d
WHEREAS, victims play -indispensable role in brinsinc oft'enden to justice and,
th1111, preventinc further violence; and
WHEREAS, u a nation dewted to liberty and justice for all, America must plant the
seeds of jlllltice to protect and restore crime victims' rights; -d
WHEREAS, harvestinc justice Oftl' the put two clecadea hu been accompliahed in part
by the millions of lllll'vivon cl crime, their familiu and advocates wh-commitment -d
spirit hu penevered while confrontinr -increaaincly violent nation; -d
WHEREAS, we join forces with victim service PJ'OIT8IDB, criminal jlllltice officials and
concerned cimena throuchout Colorado -d America to obNrve National Crime Victima'
Ripta Week, affirminc a commitment to addreu victims' ripta and criminal just.ice
iuuea throuchout the year;
NOW THEREFORE, I, 'nlomu J. Bum1, Mayor cl the City of Enclewood. Colorado,
hereby proclaim die week of May 1 · 7, 1-u:
CBDIE VIC'l'Dl8' BIGBTS WBBK
in the City of Ens)ewood, Colorado and urp all cimena and institutions, public and
private, to 1upport the utabliahmmt and enforcement cl victim ripta and NnieN in
Eqlewoocl and urp our citiunl to commemorate the OCC8lion under the theme "'Ylallaa'
llilbta: PladacSeedaBaau •••W.
GIVEN under my ~d and Mal thi1 lat day of'May, 1996
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PROCLAMATION
WHEREAS, one violent crime is committed in America every 16 seconds; and
WHEREAS, with 35 million Americans victimized in the United States each year, crime
victims are rapidly becoming a majority; and
WHEREAS, victims play an indispensable role in bringing offenders to justice and,
thus, preventing further violence; and
WHEREAS, as a nation devoted to liberty and justice for all, America must plant the
seeds of justice to protect and restore crime victims' rights ; and
WHEREAS, harvesting justice over the past two decades has been accomplished in part
by the millions of survivors of crime, their families and advocates whose commitment and
spirit has persevered while confronting an increasingly violent nation ; and
WHEREAS, we join forces with victim service programs, criminal justice officials and
concerned citizens throughout Colorado and America to observe National Crime Victims'
Rights Week, affirming a commitment to address victim s' rights and criminal justice
issues throughout the year;
NOW THEREFORE, I, Thomas J . Bums, Mayor of the City of Englewood , Colorado ,
hereby proclaim the week of May 1 · 7, 1995 as :
CRIME VICTIMS' RIGHTS WEEK
in the City of Englewood, Colorado and urge all citizens and institutions, public and
private, to support the establishment and enforcement of victim rights and services in
Englewood and urge our citizens to commemorate the occasion under the theme "Victims'
Rights: Planting Seeds Hanoesting Justice".
GIVEN under my hand and seal this 1st day of May , 1995
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t!Jtm?r~~
,/ Thomas J .~rns,Mayor
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PROCLAMATION
WHEREAS, one violent crime i• committed in America every 16 -c1a; and
WHEREAS, with 36 million American• vietimizecl in the United States each year, erime
victim• are rapidly beeominc a ma,jority; and
WHEREAS, victuu play an inclnpenuble role in brincinc offenclen to jUltice and,
thu, preventing further violence; and
WHEREAS, u a nation dewted to liberty and jUltice for all, America must plant the
Neda or justice to protect and rwton crime victims' ript.; and
WHEREAS, harvesting jUltice Oft!' the put two decadN bu been aecompliabed in part
by the million• of mrvivon or crime, their familin and advocates whON commitment and
•pirit hu penevered while confronting an inc:reuincly violent nation; and
WHEREAS, we join forces with victim Mrvice programs, criminal jutice offleial• and
concerned citiaem throqbout Colorado and America to obMrve National Crime Victims'
Ript. Week, affirminc a commitment to addnu victim•' ripu and criminal justice
iuuea throupout the year;
NOW THEREFORE, I, Thomu J. Bum•, Mayor m the City or Enclewood, Colorado,
hereby proclaim die weekol llay 1-7, 1• u:
CIIDIB VIC'11118' BIGBT8 WIIZK
in the City • Bn,lewood. Colorado and mp all citisml and iaatitutiom, public and
pmate, to npport the N&abliahmmt and enfolcs-t mvietim ript. and ..... in
Bnpawood and mp oar citisml to commemorate the occuion under the theme "'Vladaa' ...._,.... .... -,.·.w.
GIVEN under my hand and Mal thi1 lit day allay, 1996
Thoma J . Bum1, Mayor
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Date
May 1, 1995
INITIATED BY
Utilities Department
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COUNCIL COMMUNICATION
Agenda Item
10 a i
Subject
Wastewater Collection
System Mainterwlce
Agreement with City of
Cherry Hills Village
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
Council approval of tl:le Wastewater Collection System Maintenance Agreement with the City
of Cherry Hills Village for taking over the sewer line maintenance for the area in the Cherry
Hills Village .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The proposed Wastewater System Maintenance Agreement with City of Cherry Hills Village,
states that Englewood will provide wastewater collection system maintenance for the .-ea in
the City of Cherry Hills Village that was formerly served by the Cherryridge Sanitation District
in exchange for an annual fee. Routine maintenance charges shall be divided among the
customers in each sewer service area as directed by Cherry Hills Village.
There are approximately 56 accounts and 8,343 feet of sanitary sewer line in the proposed
maintenance agreement area .
The City of Cherry Hills conveys to Englewood a license, but not ownership over the
wastewater collections facilities . Flushing and cleaning shall not exceed depths in excess of
1 O' and lengths longer than 1 o·. The City will annually clean and inspect all maintenance area
line and shall respond to all emergency calls and take corrective action, locate district lines
and answer inquiries concerning sanitary sewer service.
FINANCIAL IMPACT
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ORDINANCE NO. _
S~OF1995
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BY AUTHORITY
A BILL FOR --~ INTRODU CIL
NSNMB
AN OBDINANCB AUTBOIUZINO AN Dn'UOOftlUOISNTAL AGIIBPOPff
BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE CITY OF CHERRY
IIILUI VILLAOS, COLORADO wrra D8PIIC'I' TO TBS cm OP mfOl.8WOOD'8
MAINTENANCE OF AN AREA IN THE CHERRY HILLS VILLAGE WASTEWATER
OOu.acTION SY8TBII.
WHEREAS, the Wastewater System Maintenance Acreement with Cherry Hilla Villa,e
provide, for the City of Enpewood providinc wastewater collection ayatem maintenance for
an area in Cherry Hills Villa,e which baa been a aystem formerly aerved by the
Chenyridp Sanitation Di1trict for an annual fee; and
WHEREAS, Cherry Hills Villap conveys to EncJewood a licenae, but not ownerahip over
the wastewater collection facilitiea which conaiata of approximately 56 accounta and 8,3'3 feet
of aanitary aewer line within the maintenance qreement area; and
WHEREAS, En1lewood wi11 annually inapect, fluah and clean all maintenance area
Jinea and aha11 reapond to all emerpncy calls and take corrective action, locate diatrict
line, and anawer inquiriea concerning llallitary aewer service; and
WHEREAS, routine maintenance charp1 aha]) be divided among the cuatomen in each
sewer service area a1 directed by Cherry Hil11 Villap by the cuatomen on the Cherry Hilla
Villaee co11ection sy1tem having additional fee, added to their eJdltine wastewater
treatment bills to cover the colt or providing auch maintenance aervice by Englewood; and
WHEREAS, the amount added for normal, routine fluahine and maintenance aervicea
aha11 be at a rate which i, baaed on the aame eatimated annual coat per liner foot of_
main that Englewood experiencea for normal, routine fluahinc and cleanine with the
En,Jewood Waatewater Co11ection area; and
WHEREAS, the cost ofnonroutine repairs aha11 be charged clirectly to and put by Cherry
Hilla Village a, a aeparate item;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE cm OF
ENGLEWOOD, COLORADO, AS FOU.OWS:
5ec;tjpn 1 The interpvemmental qreement with reapect to the Cit;y of E.........,,
maintenance or an area in the Cherry Hi111 Villap Wut.ewater Collection &y.em,
attached hereto a, "Ellhibit A.· ia hereby accept.eel and approved by the Bnglewood Cit;y
Council The Mayor ia authoriaed to eucute and the Cit;y Clerk to attNt and Na) the
A,reement for and on behalf of the City of Englewood, Colorado.
Introduced, read in full, and puaed on ftnt readinc on the lat day of May, 1996.
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Publiahed u a Bill for an Ordinance on the 4th day of May, 1995.
Thoma J. Bum,, Mayor
ATTEST:
Loucriahia A. Ellie, City Clerk
I, Loucriahia A. Ellie, City Clerk or the City ol Enslewoocl, Colorado, henby certify
that the above and forepi• ii a true copy ol a em for an Ontinance, introduced, read in
full, and paned on ftnt readinc on the _ day or 1995.
Loucriahia A. Ellie
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Customers on the Cherry Hills Village collection system shall have additional fees added to
their existing wastewater treatment bills to cover the cost of providing this maintenance
service. The amount added for normal, routine flushing and maintenance services shall be at
a rate which is based on the same estimated annual cost per liner foot of sewer main that
Englewood experiences for normal, routine flushing and cleaning with the Englewood
Wastewater Collection area . These cost of norvoutine repairs shall be charged directly to and
paid by Cherry Hills Village as a separate item .
UST OF AffACHIIENTS
Wastewater Collection System Maintenance Agreement -City of Cherry Hilla Village
Map of Proposed Service Area
Proposed Ordinance
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EXHIBIT A
WASTEWATER COLLECTION SYSTEM MAINTENANCE AGREEMENT
CITY OF CHERRY HILLS VILLAGE
(Fonner Cherryridge San. Dist.)
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AN AGREEMENT, dated this __ day of ___ _, 1995, between the City of Cherry
Hills Village (Cherry Hills) and the City of Englewood (Englewood), regarding the
maintenance of a certain wastewater collection system:
WHEREAS : Cherry Hills is the owner of a wastewater collection system (Collection
System) within Chen'y Hills that hereto before has been a system owned and operated by
the Cherryridge Water and Sanitation District, shOIM"I in Attachment A. and
WHEREAS: Cherry Hills does not currently own or operate any wastewater collection
maintenance equipment, and
WHEREAS: Englewood owns and operates maintenance equipment for a wastewater
collection system located within the City of Englewood.
NOW, THEREFORE, Cherry Hills and Englewood hereby covenant and agree that:
1 . Englewood shall provide nonnal and routine, and extraordinary and nonroutine
maintenance, repair and replacement services for the Collection System, a shown in
Anac:hment A. as needed to inSl.n lfficient, continuous and economical .-vice within the
Cherry Hills Collection System. Flushing and cleaning of the 1ewer mains and point
repairs not deeper than 1 a and/or not longer than 1 a shall be consider9d normal and
routine maintenance repair and replacement. Pon ,-pairs dNper than 1'1 rtd/or longer
than 1 a. or Yttlere unusual conditions exist, such a, but not limited to, exc:euive ground
water, excessive slope, excessive vegetation, that limit or inhibit Englewood's ability to
fulfill its obligations under this agreement, shall be considered extraordinary and
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nonroutine repairs and replacements . Englewood shall respond to requests to locate the
sewer mains and manholes in this Collection Area . Englewood will not be responsible for
locating privately owned se-Mtr service laterals in this collection system other than to
indicate where the laterals are connected to the mains to the best of their knowledge as
indicated by its' records .
2. Cherry Hills agrees that it will assume ownership of any existing wastewater collection
system facilities within the Collection System to facilitate a maintenance agreement with
Englewood. Any additional service facilities needed to serve the area shall be construded
to Englewood standards, not at Englewood's expense, and Cherry Hills agrees to assume
ownership of the facilities of the Collection System upon deeding to Cherry Hills by the
property O'M'lers . Ownership shall be by written conveyance and each such conveyance
must be approved by Englewood.
3 . Cherry Hills shall continue to own the Collection System. Any rights-of-way utilized in
the Collection System shall continue to be held in Cherry Hills' name and shall be
maintained by Cherry Hills. Cherry Hills further agrHS to acquire and hold right~-ways
or easements of sufficient size to permit operation and maintenanc:e activities on any
public or private property where existing or future facilities are located, and to maintain
those easements ald ri~-'MIYS free of landscaping, structures or other obstructions
which would interfere with Englewood's maintenance obligations under this contrad.
Englewood shall not be obligated to maintain HW9r lines where adequate ri~-My
free and clear of landscaping or obstructions do not exist In such circumstances, if
authorized in writing by Cherry Hills Village, Englev.ood, at its option, may attempt to
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/ perform the maintenance without any liability YJhatsoever for damage to private property.
4 . Customers on the Collection System shall have additional fees added to their existing
wastewater treatment bills to cover the cost of providing this maintenance service. The
amount added for normal, routine flushing and cleaning maintenance services shall be at
a rate YJhich is based on the sane estimated annual cost per liner foot of S8'N9f' main that
Englewood experiences for normal. routine flushing and cleaning within the Englewood
Wastewater Collection area. The rate may be changed from time to time, but the amount
shall be the rate necessary for Englewood to recover its normal maintenance costs in this
sewer service area of Cherry Hills Village. It is the intent of this agreement that Englewood
recover from each sewer service area in Cherry Hills Village that amount of revenue
necessary to cover its reasonable maintenance costs and avoid a situation where the
citizens of Englewood subsidize those customers in Chef:ry Hills Village. The routine
maintenance charges shall be divided among the customers in each sewer service area
as directed by Cherry Hills Village. For this reason the customers in different sewer
service areas may have different maintenance charges on their annual bills. The cost of
nonroutine repairs shall be charged directly to and paid by Cherry Hills Village as a
separate item .
5 . Cherry Hills , by this agreement grants and conveys to Englewood a license, but not
ov.nership , over all the 'MISt8wlter facilities in the Collection System . Cherry Hills agrees
that it will not exercise any dominion YJhatsoever over any of the wastewater collection
facilities in the Collection System YJhich are inconsistent with the performance by
Engl9'M)Od of its' rights and obligations hereunder. It is agreed that "license", as used in
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this Agreement, shall mean the right to use, connect, disconnect, modify, rehabilitate,
extend, enlarge , replace, improve, convey, abandon, or otherwise dispose of any and all
of the wastewater facilities, but only in so far as is reasonably necessary to perform
Englewood's maintenance operations under this agreement. Should Cherry Hills not
approve the replacement or improvement of some portion of the Collection System which
does not meet Englewood minimum sta"ldards , EngltMOod may, at it s option, continue to
maintain that portion to the best of its ability, but shall not be held responsible for any
inadequacies or failures of said portion which may occur as a result of the substandard
condition.
6 . Cherry Hills shall issue street cut permits to Englewood at no charge when such permits
are necessary for Collection System maintenance work. Cherry Hills shall be responsible
for asphalt or conaete replacement in street cuts made by EngltMOod for Collection
System maintenance.
7 . Cherry Hills agrees that Englw,,ood is not obligated to enlarge or extend or bring up to
standards any existing facilities in the Collection System.
8 . This agreement is contingent on Cherry Hills having a current Standard Connectors
Agreement with Englewood. If the Standard Connectors Agreement expirn and is not
renewed, Englewood has the option of discontirung maintenance senrice to the Collection
System, and cease collecting fees for the maintenance H1Vice .
9 . All general rules and regulations and amendments therwto placed in force by
Englewood conceming the operation, canditions d service , and procedures relating to the
installation of new services in the Collection System, shall be a fully enforeeable in the
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Collection System as in Engl8'MJOCI . Cheny Hills agrees to exercise its' authority to assist
Englewood in enforcing its' applicable sanitary sewer system ordinances and rules
including those made to protect the collection and transport systems and the treatment
facilities, and to assure that any new installations in the Collection System are to the
standards of Englewood, and to assure collection of delinquent accounts.
10. The provision of maintenance service by Englewood for the Collection System does
not release Cherry Hills from satisfying the responsibilities and obligations set forward in
the Standard Connectors Agreement, nor does it incur upon Englewood any liability
resulting from the maintenance of the Collection System.
11 . No enlargement of the Collection System or any other amendment of this Agreement
shall be made unless it is by mutual agreement.
12. It is agreed that for failure of Cherry Hills to perform this Agreement in all its essential
parts, Engl8'M>Od may terminate wastewater collection maintenance to the Collection
System. Prior to such termination, Englewood shall provide written notice to Cherry Hills
of the deficiency and provide adequate time to correct these deficiencies, but not to
exceed one year.
13. The term of this agreement shall be for one year beginning from the effective date of
this agreement. At the end of one year both parties shall review this agreement and, if
both agree , shall extend it for three (3) years . After this first three year extension, unless
written notification is given by either party one year prior to the end of the term of this
agreement. this agreement shall automatically be renewad for four (4) subsequent three
year terms. Cherry Hills or Englewood may discontinue this agreement at any time with
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written notification not less than one year prior to the desired ending date. \
14. Cherry Hills shall have the ability to place appiopriate and legal charges on the sewer
bills sent to customers 'Nithin the service sea. Englewood agrees to collect such charges
and reimburse them to Cherry Hills. Englewood shall have the ability to charge Cherry
Hills a reasonable and customary administrative fee to bill and collect any such charges.
15. In the event that any provisions of this agreement .. in conflict with the Standard
Comec:tor's Agreement of Cheny Hills Village, the eor-.i.c:tor'1 AgrNrMnt shall govern.
16. The City of Englev.ood shall not be responaible or liable for d1111agn to any property
v.tlich may result from its connection to the Se>Mlr' Colledion System what9oever provided,
however, that the City of EngleY.ood shall have pelfonned u diligence in maintaining the
&,,.wr Collection System , which due diligence shall mean thlt Engte,M)od shall flush or
clean each sewer main not less than once per calendar year .
CHERRY HILLS VILLAGE
AITEST :
, Mayor
CITY OF ENGLEWOOD , COLORADO
ATIEST :
Loucrishia A. Ellis, City Clerk Thomas J . Burns, Mayor
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May 1, 1995
INITIATED BY
Utilities Department
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COUNCIL COMMUNICATION
Agenda Item Subject
10 a ii
First Amendment to the
Consolidated Amendments
to Agreements
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Waste Management, South Arapahoe, Arapahoe County and Englewood entered into an
Wastewater Transmission Agreement on January 21, 1985 for the treatment of collected
storm water from the landfill. The 1985 agreement was extended and modified by an
Amendment dated October 1, 1990 to allow a lift station and dewatering sump.
RECOMMENDED ACTION
Council approval of the First Amendment to the Consolidated Amendment to Agreements.
BACKGROUND, ANALYSIS, AND AL TERNATNES IDENTIRED
The County owns the County Line Landfill and Waste Management Company is the operator
and manager of the landfill . Rainfall and natural drainage have resulted in water containing
contaminants to collect at the landfill site .
The First Amendment to the Consolidated Amendments would modify the date from August
20, 1990 to May 15, 1999, and would be consistent with the Wastewater Transmission
Agreement and the permit which also will expire May 15, 1999. The Amendment also
provides that if flows exceed the flow for which the connection fees have the paid, Waste
Management would pay Englewood additional connection fees within 60 days. The
Amendment also addresses the agreed equivalent single family residential unit flow of 200
gallons per day, not to exceed 6,000 gallons per day.
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ORDINANCE NO. _
SERIES OF 1995
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BY AUTHORITY
A BILL FOR
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AN ORDINANCE AUTHORIZING AN INTBROOVBBNMENTAL AGBBBIIBNT
BETWEEN THE CITY OF ENGLEWOOD, COLORADO, ARAPAHOE COUNTY BOARD
OP COUNTY COIOIISSIONBBS AND WAS'l'B KANAGBIIBNT OP OOLOIIADO, INC.
APPROVING THE FIRST AMENDMENT TO THE CONSOLIDATED AMENDMENTS
TO MHtBBIIBNTS DBALING W1TR TRB CIT!' OP_....., IIIOVIDINO
TREATMENT FOR WASTEWATER ORIGINATING AT Tm! COUNTY LINE
LANDPILL.
WHEREAS, Arapahoe County is the owner of the County Line Landfill and Waste
Management Company is the operator and manager of the landfill; and
WHEREAS, rainfall and natural drainage have resulted in water containing
contaminants to collect at the landfill site; and
WHEREAS, Englewood entered into a Connector's Agreement with the County to provide
treatment for wastewater originating at the County Line Landfill on August 20, 1984; and
WHEREAS, Waste Management, South Arapahoe, Arapahoe County and Englewood
entered into a Wastewater Transmission Agreement in 1985 for the treatment of collected
storm water from the landfill; and
WHEREAS, the 1985 Agreement was extended and modified by amendment dated October
1, 1990 to allow a lift station and dewatering sump; and
WHEREAS, in 1987 the parties entered into an Amendment to the Connector's Agreement
which extended the provisions of the Connector's Agreement to August 20, 1990; and
WHEREAS, in 1990 Ene}ewood, the County and Waste Manapment ot'Colorado entered
into a Coneolidated Amendmenta to Agreementa which further utended the provisions of the
Connector's Acn,ement from Aucust 20, 1990 to Auguat 20, 1996; and
WHEREAS, in 1987 Enclewood initially authorised by permit, the County to diecharp
wastewater to the Sanitary Sewer System, in accordance with the effluent limitation,
monetary requirements and other conditions set forth in the Wutewater Contribution
Permit; and
WHEREAS, the Permit by ita terms will expire on May 15, 1996 and the deadline to apply
for permit rei11uance ii November 15, 1995; and
WHEREAS, in addition to the connection for the Landfill, the County and Waste
Management dnire a new and separate second connection to permit the discharp of
contaminated or potentially contaminated effluent from a ll'Oundwater collection, pumpinr
and transmiHion system located on Tract K, Fairways of South Suburban, Filinc No. 3
Subdivision, Arapahoe County, Colorado; and
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FINANCIAL IMPACT
All engineering, c:onstruction and c::on,,ect;on fees will be inamtd by Waste Management
Company. The City of Englewood will collect trutment charges based on usage from the
landfill site.
UST OF ATTACHMENTS
First Amendment to the Consolidated Amendments to Agreements.
Proposed Ordinance
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BY AUTHORITY
ORDINANCE NO. _
SERIES OF 1995
A BILL FOR
COUNcn. BILL NO. 16
=~CIL
AN ORDINANCE AUTHORIZING AN INTEBGOVBBNIIBNTAL AGllBBIIBNT
BE'l'WEEN THE CITY OF ENGLEWOOD, COLORADO, ARAPAHOE COUNTY BOARD
OP COUNTY COMJOSSIONBBS AND WASTB IIANAGBIIIINT OP COLOIW>O, INC.
APPROVING THE FIRST AMENDMENT TO THE CONSOLIDATED AMENDMENTS
TO AGRBBIIBNTS DBALING WITH THE CITY OP BNOLSIIOOD novmmo
TREATMENT FOR WASTEWATER ORIGINATING AT THE COUNTY LINE
LANDFILL.
WHEREAS, Arapahoe County is the owner of the County Line Landfill and Waste
Management Company is the operator and manager of the landfill; and
WHEREAS, rainfall and natural drainage have resulted in water containing
contaminants to collect at the landfill site; and
WHEREAS, Englewood entered into a Connector's Agreement with the County to provide
treatment for wastewater originating at the CoW)ty Line Landfill on August 20, 1984; and
WHEREAS, Waste Management, South Arapahoe, Arapahoe County and Englewood
entered into a Wastewater Transmission Agreement in 1985 for the treatment of collected
storm water from the landfill; and
WHEREAS, the 1985 Agreement was extended and modified by amendment dated October
1, 1990 to allow a lift station and dewatering sump; and
WHEREAS, in 1987 the parties entered into an Amendment to the Connector's A,reement
which extended the provisions of the Connector's Agreement to August 20, 1990; and
WHEREAS, in 1990 Englewood, the County and Waste Manapment of Colorado entered
into a Con10lidated Amendments to Agreements which further extended the provisions of the
Connector's Agreement from August 20, 1990 to August 20, 19915; and
WHEREAS, in 1987 Englewood initially authorized by permit, the County to diec:harge
wastewater to the Sanitary Sewer System, in accordance with the effluent limitation,
monetary requirements and other conditions set forth in the Wastewater Contribution
Permit; and
WHEREAS, the Permit by its terms will expire on May 15, 1996 and the deadline to apply
for permit reiBSuance is November 115, 19915; and
WHEREAS, in addition to the connection for the Landfill, the County and Waste
Management desire a new and separate second connection to permit the diacharp of
contaminated or potentially contaminated effluent from a rn,undwater collection, pumpine
and transmisaion system located on Tract K, Fairways of South Suburban, Filinc No. 3
Subdivision, Arapahoe County, Colorado; and
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WHEREAS, the Amendment alao provides that if flows eJ:oeed the flow for which the
connect.ion fees have been paid, Waste Manapment would pay Enclewood additional
connection fees within 60 days; and
WHEREAS, the Amendment alao addreues the qreed equivalent sincle family
residential unit flow of200 pllom per day, not to uceed 6,000 pllons per day;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS POLLOWS:
Sec;tipn 1 The interpvernmental aereement between the Cit;y of Bqlewood. Colorado,
Arapahoe County Board of County Commiuioaen and Wute llanapment of Colorado, Inc.
approvinc the Pint Amendment To The Comolidated Amendmenta To Acreementl dealing
with the City of Eqlewood proyidinc treatment for wastewater oriain•tinc at the Coant;y
Line Landfill, attached hereto u "Emmit A." ii hereby accept.ed and approved by the
Enclewood City Council.
Sertim 2 The Mayor ii authoriwl to ~ and the City Clerk to attest and seal the
Acreement for and on behalf of the City of Enclewoocl, Colorado.
Introduced, read in full, and paued on first readinc on the lat day aCMay, 19915.
Published u a Bill for an Ordinance on the 4th day of May, 19915.
Thomu .J. Bums, Mayor
ATTEST:
Loucriahia A. Bilis, City Clerk
I, Loucrilbia A. Bllil, Cit,J Clerk of the City of Enclewood, Colorado, benby certify that the
above and f'oneoinc ia a tiu copy of a Bm for an Ordinance, introduced. read in ftall, and
paued on first ftlldinc cm the ht day ofllay, 1111&.
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EXHIBIT A
FIRST A.\1:ENDMENT TO THE CONSOLIDATED AMEJ.'IDMENTS TO ·AGREEMENTS
THIS FIRST AMEJ.'IDMEJ.'IT to the Consolidated Amcndmcms to Agreements is made
and entered into this~ day of March 1995, by and among the CITY OF ENGLEWOOD
(•ENGLEWOOD "), a municipal corporation, THE BOARD OF COUNTY COMMISSIONERS
of the COUNTY OF ARAPAHOE ("COUNTY"), a body corporate and politic of the State of
Colorado , and WASTE MANAGEMENT OF COLORADO, INC. ("WMC·), a Colorado
corporation.
WHEREAS, ENGLEWOOD entered into a CollllCCtOr's Agreement with the COUNTY
to provide treatment for waste water originating at the County Linc Landfill (•l.aDdfill•) on
August 20, 1984; and
WHEREAS , the parties, on June 26, 1987, entered into an AmetJdrnent to the
CoDDeCtOr 's Agreement which extended the provisions of the Connector's Agreement to August
20, 1990, inrcralia;and
WHEREAS, ON JULY 2, 1990 , :fu"IJGLEWOOD, the COUNTY and WMC entered into
a Consolidated Amendments to Agreements which further extended the provisions of the
Connector's Agreement from August 20, 1990 to August 20, 1995.
WHEREAS, in accordance with the provisions of the City of Englewood Municipal
Code, Title 12, Chapter 2, as enacted November 21, 1983, the CITY did , effective May 15,
1987, initially authorize by permit, the COUNTY to discharge wastewater to the Sanitary Sewer
System. in accordance with the effluent limitation, monetary requirements and other conditions
set forth in the WASTEWATER. CONTRIBtmON PERMIT ("PERMIT"); and
WHEREAS , the PER.~ by its terms will expire on May 15, 1996 and the deadline to
apply for permit reissuance is November 15 , 1995, and
WHEREAS, in addition to the connection for the Landfill, the County and WMC desire a
new and separate second connection to permit the discharge of cooramimted or potentially
contaminated effluent from a groundwater collection, pumping, and transmission system located
on Tract K, fairways of South Suburban, Filing No. 3 Subdivision, Arapahoe County,
Colorado ;
NOW THEREFORE, in consideration of the mutual benefit to each, ENGLEWOOD, the
COUNTY and WMC agree as follows :
l. Toe August 20, 1995 expiration date of the provisions of the Consolidated
Amendments to AgreementS is hereby extended to May 15, 1999 to conform with the anticipated
PER.'-fiT expintion date of May 15, 1999 .
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2. All other terms and CODditiom of the August 20, 1984, Com:ctor's Agreement
tbe June 26, 1987 Arnendmrnr to the Connector's Agreemem not inconsistent with chis Fll"St
Amendmem to tbe July 2, 1990 Comotidaled Amend111ems CD A,reemems ~ reaffirmed and
shall remain in ftlll fora: and affect.
3. If tbe combined flow emeriD& tbe IIDimy sewer sysam from bocb the "I..mHDl Tap"
and die "Fairways Tap" exceeds tbe flow for which coaaeceioas fees baw: been paid to
ENGLEWOOD, the COUNTY and WMC shall pay ENGLEWOOD the connection fees for tbe
additional flow witbm 60 days from submiml of the quanerly compliance report required by tbe
Permit.
4 . It is acknowledged by the parties dJat based upon ID a,reed equivalent siqle family
residemial unit wasleWall:r flow of 200 pDom per day, tbe WUlr:Wller flow eureriDs the sy51em
from bodl the new and separm c:mmectioD shall not exceed 6,000 plloDs per day capacity
previously acquired by 1be COUNTY equivalem to 30 residemial units.
5. Flows shall be measured daily and copies of the flow records provided to
ENGLEWOOD.
IN WITNESS WHEREOF, the parties bave set their bands and seals etrective the day
and year first above wriaen.
ATIEST: BOARD OF COUNTY COMMISSIONERS,
COUNTY OF ARAPAHOE
Title
ClTY OF ENGLEWOOD, COLORADO
Mayor
Title
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COUNCIL COMMUNICATION
Date Agenda Item Subject
May 1, 1995 10 a iii Purchase of 1 5 Golf Carts
Initiated By Staff Source
Recreation Services Department Jerrell Black, Direction of Recreation
Dave Lee, Golf Superintendent
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
1 994 -1 5 E-Z Go Golf Carts were purchased
1993 -10 E-Z Go Golf Carts were purchased
1992 -10 E-Z Go Golf Carts were purchased
1987 -20 E-Z Go Golf Carts were purchased
1986 -21 E-Z Go Golf Carts were purchased
1985 -19 E-Z Go Golf Carts were purchased
1982 -60 E-Z Go Golf Carts were purchased
RECOMMENDED ACTION
Recommendation from the Recreation Services Department to award, by motion, a
contract to E-Z Go Colorado for the pwchm of 15 mo10rind golf carts.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFED
The Englewood Golf Course has a total fleet of 59 golf carts. The current
replacement schedule is based on complete replacement of all carts every 6 years.
This year we are purchasing 5 additional carts to meet the expected demands of the
new Par 3 Course. We plan to extend our fleet to 75 carts by the end of 1997.
Currently we are finalizing our Golf Cart Maintenance and Performance Test
Program. We began the test program in 1992. The results of the program will
assist us in making better informed decisions about future fleet purchases.
The bid process was coordinated under the direction of Ron McCulley, Buyer Ill.
Bids were sent to four vendors. Only one vendor responded with a bid, E-Z Go
Colorado. There was an increase of 2.5% over last year's purchase price on the
golf carts. This increase appears to be low compared to increases on other golf
course equipment purchased.
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CITY OF ENGLEWOOD BID PROPOSAL TABULATION •
BID ITEMSISI -E-Z-GO GOLF CARTS DATE OPENED -March 15, 1995
NO BIDDER E-Z-GO GOLF CARTS PARTS MJ\NUJ\L SERVICE MANUAL TRADE-IN TOTAL REMARKS
1 Goff Tournaments, Inc.
2 Goll -N-Soort1
3 E-Z-GO ~ City
Suspension : Rear leaf springs
with hydraulic shocks. Steering :
4 E-Z-GO Colorado •&2,200.00 N/C N/C lt7.500.00I .44.700.00 Single reduction rack and pinion
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COUNCIL COMMUNICATION
Date Agenda Item Subiect
May 1, 1995 10aiv Tennis Court Repair
Initiated ly Staff Source
Public Works/Parks Division Chris Korba, Parks Administrator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council has previously approved similar repairs on the tennis courts at Romans, Belleview, and
Duncan Parks .
RECOMMENDED ACTION
Staff seeks Council approval, by motion, of a mnlrad to repair the tennis courts at Sinclair Middle
Sc:heol. Staff recommends awarding the bid to the low bidder, Campetim,e Sports Swfaces, Inc.,
in the amount of $30,790.00.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The tennis courts at Sinclair Middle School are badly cracked and in need of immediate repair.
Similar conditions existed at Romans and Belleview Parks and were repaired satisfactorily through
the use of the divorced membrane system. The divorced membrane system employs a geo-textile
membrane that is laid down over the courts and then covered with an asphalt overlay and texture
layer with color. All cracks in the court are filled prior to adhering the membrane to the court
surface with a layer of AC-10 tack oil. This system bridges all the cracks and resists re-cracking.
There is no other repair system that will adequately repair these courts. A repair of this type
should last for approximately five years, but no guarantees exist. Cracks appear in tennis courts
due to soil movement below.
FINANCIAL IMPACT
Th is work is a budgeted item in the 1995 Budget in the Conservation Trust Fund, Special Revenue
Fund .
LIST OF ATTACHMENTS
Bid Sheet
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CITY OF ENGLEWOOD BID PROPOSAL TABULATION
BID ITEMSISI • Tennie Court Resurfacing DATE OPENED -March 14, 1996
NO BIDDER RESURFACING TOTAL REMARKS
1 COfflf)et11tlve Sport, °'\I> ~,10 .no ""., 1, 'I ·1 I) .I• I>
2 Coatings Inc.
3 Malott PetllfSOn 1 s,·,1io ,,, /) ~ S" '1(, () ,IJ ()
4 Southwestern Spor11
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ORDINANCE Noiff,l /_?
SERIES OF 1995
BY AUTHORITY
COUNCIL BILL NO. 4
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE ARAPAHOE COUNTY DEPARTMENT OF SOCIAL SERVICES AND
THE CITY OF ENGLEWOOD, COLORADO ENTITLED "COMMUNITY WORK
EXPERIENCE PROGRAM SPONSOR AGREEMENT."
WHEREAS, Arapahoe County Department of Social Services will reCer participants who
they believe are competent and capable of performinc work alignments within the City of
Englewood; and
WHEREAS, Arapahoe County Deputment at Social Services will auure that n_..y
and reasonable transportation and related work upenaea are provided; and
WHEREAS, the City of Englewood will provide work auignments which will mable
Community Work Esperience Procram participants to learn vocational uilla and pin
work esperience; and
WHEREAS, this PJ'OCl'Ull will not to replace replar full-time or put-time employees or
till vacancies with Community Work Esperience Procram participants; and
WHEREAS, this procram will not create auignments in situations remWnc from • labor
dispute, nor which, in any way, interfere with union rules; and
WHEREAS, the City of Englewood will accept only the number at Community Work
Esperience Procram participants who can be effecti'ftly aupeniNd and who can be utiliud
productively;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS POU.OWS:
8ertim 1 The "Community Work Esperience Prapam Sponaor .Apn rt· with the
Arapahoe County Department of Soc::ial Servaa is hereby wapt.ecl wl ..ppuoued by the
EncJewood City Council. The Mayor is authorized to eucute and the City Clerk to att.at and
seal the Apeement for and on behalf of the City of En,lewood. Celcndo.
Sertieo 2 The Community Work Eq>erience Proenm Spontor A,lwat u attached u
•Emibit A•.
Introduced, read in full, and puaed on first radinc on the 17th day at April, 1995.
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Publilhed u a Bill for an Ordinance on the 20th day of April, 1995.
Read by title and puled on final reading on the lat day of May, 1995.
Publilhed by title u Ordinance No._. Series of 1995, on the 4th day of May, 1995.
Thomu J . Bumi, Mayor
ATTEST:
Loucrilhia A. Elli1, City Clerk
I, Loucrilhia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foreeoinl ill a true copy of the Ordinance pueed on final readinc and
publilhed by title u Ordinance No. _. Series of 1995.
Loucrilhia A. Ellil
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EXHIBIT A
Cooperative Agreement Between
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CITY OF ENGLEWOOD ~governmental unitornon-profil01ganization,
concerning worl( expenence tor
COMMUNITY WORK EXPERIENCE PROGRAM SPONSOR AGREEMENT
*************** Thia non-financiaj Agr--,t is~ mada i.-, .. (ARAPAHOE COUNTY EMPLOY & TRNG,CONTRACTOR)ARAPAHOE Coun~
o.i--1 ol Social 5-as, '*9inaflar relan9d ID• .. DEPARTMENT and
CITY UF ENGLEwOOD .......,.,..,. ....._. ID a IIMI SPONSOR.
Sponsor in .. ···ai-• ol Cam-of bail: work habill, nplcnlion ol various oc-
To lhil end..,. following cooperawe 1na1111•-111-IQINd to :
DEPARTIIENT AGREES:
1. To ..., ~-who 11,ey ...... -compe11n1 and capable of perfa,ming WOii< · ,_,. wiflwi .. Sponao,'1 job dNc:riplion.
2. That no individual aaign"*" _. ellONd nine (9) months ....._ IIMI muimum number ~houri ol pll1icipalion ia no grwaw..., IIMl lamily'1
AFDC granl dividad by IIMI federal or -minimum wage or .. ,.. of pay tor individuall ...,plored wi IIMI -or similar occupelions by 11w --plorer ... _ ...
3 . To-that~ and lNaOllable SWWponalion and ..-dwaila.,_a,w pn,vided.
'· To pnwide imely noi6calion ID 1118 participant and .. Sponsor ol Ille !9qllnd number ol houri ol pncipalion.
5 . To lumish _._ and pe,tormanm ev-ion .,-. which .. Sponsor and panc:ipanr _. jointly complel9.
I . To mainlllin cammunicaDOn wilh 11M1 Sponsor oonm,ning panicipanr p,og,aa.
7. To -that WO!Mr'1 CClffllllMUO" -aiie tor 11M1 participant ia providad by Ille Sponsor, unlNa .. plllcemenl ia with an agency ol 1118
Federal Gov-~ in which cae ir1 providad by Ille Depanment.
SPONSOR AGREES:
1. To p,ovida WOlti aaaignmen• which wil enable CWEP panicipa,• to learn -=aional lkUls and gain work.......-.
2. Not to~ 199Ulat lull-lime or pan-lime ...,ployNI or Iii v-,cia with CWEP panicipan•.
3 . Notto_au,g_ in lia.aionl~ll'om alabordilpu•. nor which. in Myww,. in.,..wilh unionnAa.
,. To furnish all equip,Mnt and m--. by Ille pal1iea heNlo raaaanably ~to...,.. Iha ~I of the projec:l lalk.
5 . To accapt only IIMI ,.,mbe< of CWEP panic,pan• who can be~ .._.,ilad and uDlizad p,oducively.
6. To aaura compe*'I supe,vilion, induding adequate training when Ille job raqum the usa ol equipment errd/or prooadural unfamiliar Ill the par-
liapant.
7. To prapa,w wilh Ndl CWEP participant monlhly 1aandlnol 1N111 <*lilyW19 the days and number of ac8lal houri 1pen1 • 1118 worl<aile. T'-
rapo,,a will be lorwanled ID IIMI ~ no I-. than fl-(3} dayl alW Iha rapoft period.
8 . To grant ID .. ~ lime olf 10 l'8IIOI' tor employment in-.
II. To pnwide wail =v -....., Ille par9Cipent lllall aper,d coninuaua houri on a lingle day not ID .aid eight hours per dw,.
10. To -al CWEP parlCil** in .. ..,. -and under riw -NIN a employea of Ille Sponsor,.... ID such...-• houri ol warll
,......,_, oll 11111n per dlly). aalaly and job~. and ....... eadl ~ ol lheN ........... o1 ... .._...._
11 . To_ .. Def!-• inrn 111 1:, in .. _,...,_ ia a prableffl raga,ding 1aiSu1e III per9apea......,.,. _ ol llMI '-ig...-Ag,N-
-bJ IIMI ,.._.. or parlicipanlp,alllema, of'8f flan_.,,. ID periQpall.
12. To pr..-. a pe,fDI--......,_ NPOfl wilh eec:11 panapa,,r par•• ...... •• wilh the~ SIICll ........... ltlal be p,wperN • a
-. Iara penod nol ID_...,. (I)_,.,. and•lhe_,....,alpa ·r , • ... _....
13. To -'* Ille $1Mic:,pa,t = g •·•• wil be Ira o1..,. dncl or illCINcl rac:iaS, etri:. --'· wNlgiaua cfimiluina .. ,. 1,. n..a......,..._c..llt,ICl...__e~ dilNplil,e, orwllo~violaa IIMININ and,......... wil inrn1dl•1•; be
raleaNdand ......... ID ... 0--wilh ... .._ tor._ .....
15. To ra1pec1 Ille,.,._,.., rigllll ID_..,,.. on~ CWEP ..,......_
11. Top,ovidawm•\~A't'.'"ffftP~~wilbepnwidadbJ:
-OF liOIUIIIINCE COll#'Wf QII ~ pra F FliCEIW. *8C\'I
Number ol pe,icipa,11 lhal Scio,aor can p,ape,IJ .-ia. __________ _
If• CWEP pe,1ic:ipenl __,. .... abilily and dllilw. ia .... a~ ol emplof-at willl Iha Sponsor? ______ _
Typea ol jobl a,uallle wilh Sponsor tor CWEP pallCipan•:
1) JoDTl1e: _____________________________________ _
JoDDelcnpion: ___________________________________ _
2) Jab Tile. _____________________________________ _
Jab DelcnpDOn : ------------------------------------
3) Jab Tile: _____________________________________ _
JabDelcnpaon: ___________________________________ _
The ellac:live dell ol tt,,a ea-•·-------------
Sponsor· CITY OF E:-lGLEWOOD
Add.w· 3400 S. Er :\TJ ENGLEW0oO, CO 80110
"'·---,r:-,~,=-.......,..-:--:,:--------eon.iPw,son JEA~NE KELLY
T.....,_(303)76 2-?370 n....,_......, .. _..,_11,e...,_., ... o.a..-i., ..... --.1a.·t-·
JDIKWE'•C"--••1 0.-~ ~CWE,_,e .,_ ... OIi ~CWEP...,_ --
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ORDINANCE NO . B
SERIFS OF 1995
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BY AUTHORITY
COUNCIL BILL NO. 14
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE REPEALING TITLE 1, CHAPI'ER 5, SECTION 2, SUBSECTION 12, OF
THE ENGLEWOOD MUNICIPAL CODE 1985, CONCERNING CAMPAIGN
CONTRIBUTIONS.
WHEREAS, the State of Colorado currently has set forth regulations regarding campaign
contributions; and
WHEREAS , the City of Englewood's current regulation is more restrictive than State
regulations; and
WHEREAS, the City desires to reduce overlapping regulations for individuals that wish to
run for a position in the City of Englewood;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Scctioo 1. The Englewood Municipal Code 1985, Title 1, Cbapt.er 5, Section 2, Subsection 12,
is hereby repealed in its entirety.
Introduced, read in full, and pused on first readinc on the 17th day of April. 1995.
Published u a Bill for an Ordinance on the 20th day o.f April, 1995.
Read by title and passed on final readine on the lat day of May, 1995.
Published by title as Ordinance No. _, Series o.f 19915, on the 4th day o.fMay, 19915.
'l'homu J. Burm, llayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk o.f the City o.f Bnpwood, Colorado, hereby certify that
the above and forepinc is a true copy o.f the Ordinance pueed on ftnal nadins and
published by title u Ordinance No . _, Series o.f 1996.
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DATE: SUBJECT:
May 1, 1995
AGENDA ITEM:
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King Soopers Planned
Development
INITIATED BY: STAFF SOURCE:
City Planning and Zoning Commission Harold I. Stitt
Planning Administra1or
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION;
Goal -Economic Development Advance Englewood's pro-business commitment
There has been no previous Cowicil action on this proposed Planned Development
RECOMMENDED ACTION:
To ICbedule a ct. mr a Public Harina on die proposed Kina Soopers Planned Development
BACKGROUND. ANALYSIS. AND AJ.DRNATIVES IDENTimD;
The proposed King Soopers Planned DeveJopment encompasses 1he redeYelopment of 1he Trolley
Square retail center. The Trolley Square si1e is approximllely 5. S acres in area and is cumndy
comprised of the King Soopers, Trolley Square Liquors, FIIIIIIS1ic Sun's, Anita's Coffee Shop, and
Copy Masters .
This retail center was the first project undertabn as a pan of the urban renewal effort of the early
1980' s. The western por1ian of this si1e WIS oriaimlJy a City owned parking lot and the eastern portion
was comprised of a mix of retail uses . The Trolley Square project was completed in 1984 and included
the 51,000 squue fuot King Soopers as well as an additioml 57,000 square feet of retail space. Wdh
the exception of the King Soopers, the majority of the space bas remained unoccupied since i1s
construction .
Under the proposed Planned Development the site will be redeveloped in two phases. The first phase
will include the demolition of the Broadway shops and the parking structw"e, exlllllSion of the parking
lot into the demolition area, closure of the easternmost access to West Floyd Avenue, and the creation
of a right-in/right-out mid-block access on South Broadway. Phase two will include the expansion of
King Soopers and the development of the pad site at the nonheast comer of the sue. When completed
the development will be contain a total ofBB,000 square feet of retail space, or a reduction of20,000
square feet &om the original development size.
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The City Planning and Zoning Commission considered the Planned Development at a Public Hearing
on April 18 , 1995 . At that time the Applicant requested a continuance of the Hearing, until to April
25 , 1995 to allow additional time to prepare revisions to their plan. On April 25, 1995, the
Commission received testimony from the City, the Applicant, the Englewood Downtown Development
Authority (EDDA), and several downtown business people.
The public testimony received was in general support of the proposed redevelopment of the site
however, the EDDA and local businesses did express ccncem over several issues . The staff analysis
found that the proposed plan met both the B-1 zme disttic:t and the Planned Development
requirements . However, the EDDA and their urban design consultant questioned the adequacy of the
proposed redevelopment's treatment of the urban stree1scape along South Broadway and the
justification for the right-out movement on South Broadway as presented in the Applicant's traffic
impact analysis .
The Planning and Zoning Commission is required to use the standards set forth under EMC 16-4-15
(E) to review the proposed Planned Development. Discussion of the Commission centered upon
paragraphs 2, 3 and 6 of that Section. Specifically traffic circulation, site lighting, the proposed pad
site building, the urban design features incorporated into the Broadway stree1scape, and the site
landscaping . Concern was expressed by the Commission that the overall design as presented in the ~
plan was preliminary and not final . After discussion of these issues a motion to approve the King
Soopers Planned Development was made. After some discussion, the motion was defeated by a vote
of three to four with two members absent.
The options available to the City Council are the same as those for the Planning Commission namely,
approve the proposed planned Development, , conditional approval, or denial.
FINANCIAL IMPACT;
The proposed Planned Development will result in the revilalization of a commercial development that
has for many years not performed to its full potential. King Soopers has indicated that the perfurmance
of this store has decreased over the last three years . They men that the below average performance
can be linked to the access and viability issues . Thus the redevelopment is designed to address these
problems and result in improved performance of this store.
The anticipated inaease in sales will pnerate more sales tax fur the City and the proposed expansion
of King Soopers will further increase sales tax revenue to the City since the expansion will increase the
nwnber of nonfood item sold. While there is no guarantee that King Soopers will remain at this localed
if the P . D . is approved, it is reasonable to assume that ifit is not approved their incemive to remain at
this location would be diminished significantly. The viability of this development will have a major
impact on the overall economic health of the entire downtown area.
LIST or AITACHMJNTS;
Staff Report
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STAFF REPORT
CASE NO. 3-95
STAFF REPORT RE;
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King Soopers Trolley Square Development
DATE JO BE CONSIDERED;
April 25 , 1995
NAME AND ADDRESS OF APPUCANT;
Dillon Companies, Inc .
d/b/a /King Soopers
65 Tejon Street
Denver, CO 80223
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PLANNED DEVELOPMENT
PUBYC BEARING
NAME AND ADDRESS OF PRQPER:O: QWNERILESSQ;
McCullough Associates, Ltd.
8080 Nonh Central Expressway, Suite 1490
Dallas, TX 75206
ZONE DISTRICT;
B-1, Business District
RELATION JO COMPREHENSIVE PLAN;
The 1979 Generalized Land Use Map designates this area u part of the Central Business District .
LEGAL DESCRIPQON;
See Planned Development.
LOCATION Of PROPERTY;
The subject property is located in the area bounded by West Floyd Averaae on the north, South
Broadway on the east, Englewood Parkway on the south, and South Bannock Street on the west.
PROCEDURE;
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The Planning Commission is required to hold a Public Hearing on the proposed Planned
Development . The recommendation of the Planning Commission to approve, or deny the Planned
Development must be forwarded to City Council within thirty days of the Public Hearing. City
Council may choose to hold a Public Hearing on the proposed Planned Development or the City
Council may act upon the recommendation of the Planning Commission without holding a Public
Hearing.
COMMENTS FR.OM OTHER DEPARTMENTS:
Safety Services -Communjty Services: All construction must comply with applicable building
codes.
Public Works -Engineering Services :
All adjacent concrete must be brought up to City standards .
Increase in trip generation of 22%, or 1/5 increase is rather more than a modest increase
(as noted in the Traffic Impact Analysis.)
Level of service for the right out movement from the new Broadway entrance will depend
on sufficient gaps in Broadway traffic . The Broadway southbound traffic frequency backs
up from the Englewood Parkway intersection during the afternoon peak hour, which will
affect negatively level of service at the new entrance .
The City is requesting 9 feet of right-of-way along the south side of West Floyd Avenue
from the entrance to King Soopers to South Broadway, to be dedicated in the future for
anticipated roadway improvements. The need for roadway improvements could be
warranted not only by the eastbound right turn movements at South Broadway, but by
transportation conditions on West Floyd Avenue in general.
If the Trolley Square retail stores along the north side of Englewood Parkway are
removed in the future, approximately ten feet of right-of-way from the entrance to King
Soopers to South Broadway for improvements to Englewood Parkway. The
improvements could provide a right turn lane to the King Soopers, as well as a loading
zone for the existing Kaufman's men store.
If the existing water and sewer laterals are to be retained as a pan of the redevelopment of
Trolley Square they may be maintained in place. If any of these pipes are not go1Jl8 to be
used, then the unused pipes must be disconnected at the main .
DEPARDfENJ or COMMUNITY DEVELOPMENT ANALYSIS;
The King Soopers Planned Development is for the proposed redevelopment of the Trolley Square
center . The Trolley Square site is approximately S.5 acres in area and is comprised of the King
Soopers, Trolley Square Liquors, Fanwtic Sam's, Anita's Coffee Shop, and Copy Masters .
Under the proposed Planned Development the site will be redeveloped in two phases. The fint
phase will include the demolition of the Broadway shops and the parking structure, extension of
the parking lot into the demolition area, closure of the easternmost access t0 West Flord Avem.ie,
and a right-in/right-out mid-block access on South Broadway . Phase two will include the
expansion of King Soopers and the development of the pad site at the northeast corner of the site .
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In reviewing a Planned Development the following standards are to be applied :
1. Uses permitted . The use of the propeny which is the subject of the Planned Development,
shall be a Permitted Principal Use in the Zone District in which the Development is located,
or a use permitted pursuant to other provisions of the Zoning Ordinance.
The existing and proposed retail uses are permitted in the B-1 zone district.
2. The Planned Development shall be consistent with the intent of the Comprehensive Plan and
the policies therein.
As pan of a Central Business District, the proposed redevelopment of Trolley
Square is consistent with the goals and policies of the Comprehensive Plan.
3. The Planned Development's relationship to its surroundings shall be considered in order to
avoid adverse effects to the existing and possible future development caused by traffic
circulation, building height or bulk, lack of screening or intrusions of privacy.
The proposed redevelopment of the Trolley Square site will modify the access to
and the circulation within the site . The easternmost access point to the site from
West Floyd Avenue will be closed and a South Broadway right-in/right-out mid-
block access will be added . This mid-block access will require the elimination of
the on-street parking from this access point north to West Floyd Avenue to allow
for the necessary deceleration lane .
4 . Minimum requirements for usable open space shall be set through the overall design and
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amenities proposed for development.
When originally developed, the Trolley Square site did not meet the mininmm
landscape requirements. To address this problem the City entered into an
agreement with the developer whereby the deficit landscaping would be provided
on public right-of-way . Given this agreement, any redevelopment of this site must
result in no net loss of landscaping.
The number of off-street parking spaces in the proposed development shall not be less than
the requirement of Comprehensive Zoning Ordinance .
The proposed redevelopment will leave the majority of the existing structures in
place. With the demolition of the parking structure a net loss of parking relative to
the existing situation will result . However, with the demolition of the Broadway
shops additional surface parking will result and the area devoted to parking meets
the requirement of the zoning ordinance .
Site Plan . The approving agencies shall be satisfied that the site plan for the Planned
Development meets all the following requirements :
1.. If the proposed development includes multi-family or nonresidential buildings or
structures and is adjacent to a single family residential use district, the development shall
contain a buffer.
This development is not adjacent to a single-family residential use district .
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!:l Within the Planned Development, sufficient space must be provided between buildings
and structures, giving consideration to their intended use, their location, design and height,
the placement and extent of facing window areas, and the topography and other such
other natural features as will assure privacy and a pleasant environment.
The proposed redevelopment will result in the elimination of approximately 29,000
square feet of existing retail space. The ~ority of this space is WIOCCUpied. In
place of this space a 2,500 square foot pad sate will be developed. The onentation
and design of this pad and the future expansion ofKing Soopers will be consistent
and complimentary with the existing development
~ If the area of the development is such that an internal circulation system is necessary,
such a system shall be designed for the type of traffic that will be generated, and all curbs
at entrances and other access points shall have nmps to facilitate access for the
handicapped and bicycles .
The internal circulation system meets this criteria and bas been designed to provide
adequate access to the site .
d.. Bicycle and pedestrian trails are to be provided where the City bic:yde and/or trail plan
or the Regional Bicycle Transportation Plan shows such trail or trail corridor.
No trails are proposed for the subject site.
{. The site plan shall prov1de for the maimum prae:vation of nabnl drainage areas,
vegetation and other desirable feaiura .
Since the lite is CUffelll:ly de,.eloped du provision is not applicable.
RECOMMENDATION;
The Department of Comneeniry Devaap a recc ds tbat the Kini Soopen Plaaaed
Development be approved widl die folowaa C ae"irioa :
Dedication of nine feet oipropeny--. die IOUlb side ofWest~:vemae from the
entrance to Kini Soopen to Soudl Braadway far purpoees of improwmeall.
Dedication of this property wil aot be .....S Ulllil warrlllled by coaditioas u
documented by the DepllbDem oiPublic: Worb.
Dedication of ten feet of property uoaa the north side of Enpwood Parkway from the
entrance to Kins Soopen to Soud1 Braadway for purpoaes of roadway improvements.
Dedication of this will not be required until warranted by tnd!ic conditions u
documented by the~ of Public Worb.
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CITY OF ENGLEWOOD
COLORADO
PLANNED DEVELOPMENT APPLICATION
Address of Subject Property: Broadway to Bannock, Floyd ave to EnqJ ewood Pkwy
Applicant'sNune:Dillon companies, Inc,, d/h/a Kinq Soopers
Address: 65 Teion street Denyer. Colorado eo223
Telephone: ( 3 0 3) 7 7 8-3 0 4 7 ( Bob Letcher I
Property Owner's Name: McCullough Associates, Ltd. and oaoo Corporation
Address: 8080 North Central Expressway Suite 1490
Telephone: (2141 891-8258 (Randv P. Marxl
Proposed Use ofPropeny: .... R ..... e"-'t=a=i=l,__ ______________________ _
Submitted herewith is the required fee of ~ for this Planned DeYelopmeilt IPl)tic:ation. In addition, I
understand that I will be required to post the property ~ to specifications set ronb by the Department of
Commmity Development, and to pay for the cost of the p.lbticarion of the lep1 notice of the Public Hearing
before the City Planning & Zoning Commission and betbre the Caty Council, should the Council cletelmine that it
is to the public interest to bold a bearing on this application.
Dillon Companies. Inc,. d/b/a King Soopers
Applicant (Corporation or individual)
Russ P~e Corporate
Vice President ~f Beal tstate
Office or position held
McCullough Auociotes Xetd and aeaa Corp
Property Owner
March 31. U9S
Due
~ If the applicant is nm the owner of the property, the appticaaion must be ICCOIDpUied by the written
authorization for such action siped by the owner or owners of a land, ~ with a atement liped by the
owner or owners that they aaree to be bound by the reaulllionl and conditions which will be eft'ectM with the
approval and recording of the Development Plan .
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INFORMATION TO ACCOMPANY APPLICATION
A Preliminary Plans . A Preliminary Plan showing the major details of the proposed Planned Development at'
a scale of not less than l" = 50' and in sufficient detail to evaluate the land planning, building design, and
other features of the proposed development . The Preliminary Plans must contain. insofar as is applicable,
the following minimum information :
l . A boundary survey ;
2 . The existing topographic character of the land;
3 . The proposed land uses;
4 . The location of all e.'(jsting and proposed buildings, structures and improvements;
5. The density and type of dwellings, including typical elevations and showing maximum height;
6 . The major points of access to public rights-of-way, the internal traffic and circulation systems, if
applicable, off-street parking areas, service areas, and loading areas;
7. The location. height and size of proposed signs, fences, lighting and advertising devices including
typical elevations;
8. Areas which are to be conveyed, dedicated or reserved for public purposes, including, but not limited
to , parks and recreational purposes, including, but not limited to, parks and recreational areas,
schools, public buildings , or other public purposes;
9 . Areas subject to a l 00-year flooding cycle;
l O. A general landscape plan with major types of materials designated as to purpose;
l l . Designation of various stages for construction. if applicable .
B. Written Statement The Planned Development application shall contain the following minimum
information :
l . A statement of the present ownership and a legal description of all of the land included in the
Planned Development;
2 . An explanation of the objectives to be achieved by the development, including building
descriptions, sketches, or elevations as may be necessary to describe the objectives;
3. A development schedule indicating the approximate date when construction of the development or
stages of the development can be expected to begin and to be completed;
4 . Copies of any special agreements, conveyances, restrictions, or covenants which will govern the
use , maintenance and protection of the development and public areas .
C. The applicant may submit any other information or exlul>its deemed pertinent to the evaluation of the
proposed Development Plan .
DO NOT WRrrE IN THIS SPACE
Fee Paid : CueNumber: Date llcceiwd:
Pre-Application Conference Date : Jllaaaing Commission Hearing Date:
Action Taken:
Date Submitted to City Council : City Council Hearing ·
City Council Action :
Conditions Imposed :
Date Filed with Arapahoe County Clerk & Recorder:
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THE HOUSING AUTHORITY OF
THE CITY OF ENGLEWOOD
aaaAL ACCOUNT
~ S. SHERMAN ST ., SUITE 101 PH , 791-GIIO
ENGLEWOOD, COLO . 80110
MY 10 TIE ORDER Of:
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l'mT ~Aft -0, IIIIIUWOOO, N.A.
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ENGLEWOOD , CO 80110
12-411-1070
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AGENDA FOR THE
REGULAR MEETING OF
--THE ENGLEWOOD CITY COUNCIL
MAY 1, 1995
7:30 P.M.
1. Call to order. ? :X ~
2 . Invocation. /,()~
3 . Pledge of Allegiance.~
4. RollCall. tJll. 7~
5 . Minutes . c,J '7-{)•· M;nute, from the Regul" c•, Councn _.,. of April 17, 1995.~
6 . yisitors. (Please limit your presentation to ten minutes.I
7 . Non~~~d,~ne1:z~~~)ntofiveminute1.I . !).._~/! t·~ Ul-~~~tN/41/'
8 . Communications , oclamations , and Appointments . ~
0, ·t;JJ ,L ,,-,a . A resolut '.on app~nting Susan Martel to the Clean. Green, and Proud
~: 'J-O Comm i ssion . {)~
b . A proclamat ion declaring ttilw1
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tKJ c.wn.;:-;;:;~ -~-d.ff 9 . Public Hearing . (None Scheduled) y
Plew note: If you lwlwe • diubi!it, and Med ..,.lliary _. •---. ,.._ llalify Iha Clly el E11 .. 1atNNI (7'2-2J7W •
lust 41 tiour. in ach·ance of -.twn tenicft .. ...._ Tilali ,-.
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City Council Agenda
May 1, 1995
Page2
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10. Consent Agenda.
11 .
a . Approve on First Reading.
b .
i . Recommendation from the Utilities Department to adopt a bill for an
ordinance approving an Intergovernmental Agreement with Cherry
Hills Village for Wastewater Collection System Maintenance. STAFF
SOURCE: Stewat Fonda, Director of UlllliN.
ii. Recommendation from the Utilities Department to adopt a bill for an
ordinance amending the Wastewater Transmission Agreements with
Waste Management, South Arapahoe, and Arapahoe County . STAFF
SOURCE: Stewat Fonda, Director of UlllliN.
iii . Recommendation from the Recreation Services Department to
approve, by motion, the purchase of 15 motorized golf carts. Staff
recommends that the bid be awarded to the only bidder. E-Z Go
Colorado, in the amount of $44,700.00. STAFF SOURCE: Jerrell
Black. Director of Recreation Semces.
iv. Recommendation from the Department of Public Works to approve, by
motion, a contract for the repair and resurfacing of the tennis courts
at Sinclair Middle School. Staff recommends awarding the bid to the
low bidder. Competitive Sports Surfaces, Inc., in the amount of
$30, 790.~~TAFF SOURCE: Chris~ 7 "t~..ui;:~
Appro~ond Re~
Council Bill No. 4, approving an Intergovernmental Agreement with
Arapahoe County authorizing a Community Work Expelience Program
Sponsor Agreement .
Ordinances. Resolutions, and Motions.
a. Approve on First Reading .
i.
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City C-«:11 Agenda
May 1, 1995
Pege3
b. Approve on Second Reading.
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b . Recommendation to go into Executive Session immediately following the ,ri f}q) u_.....-!,!!SYIIL.U;if-1..Gl~Cil meeting to discuss employee association negotiations.
14. City Attorney s Report .
e following minutes were transmitted to Council from 04/14/95-04/27/95:
• Englewood Public Library Board meeting of March 14, 1995.
• Englewood Planning and Zoning Commission meeting of April 4, 1995.
• Englewood Parks and Recreation Commission meeting of April 13, 1995.
• Englewood Liquor Licensing Authority meeting of April 19, 1995.
,.._ IIGle: If,_ hive • ...., ........ ...., ............. MIiiy .. CJly., la ......... (7'2-2J79t ..
................ __ .................... n..11,-.
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MAY 15, 1995
REGULAR CITY COUNCIL MEETING
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