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Home My WebLink About2009-01-05 (Regular) Meeting Agenda Packet1. Call to Order. ln,ocatlon . Agenda for the Regular Meeting of the Englewood City Council Monda y, January 5, 2009 7:30 pm Engle-, ood Cr\lC Center -Council Chambers I 000 Englewood Park\, a, Englewood. CO 80110 3. Pledge of AlleglAnce . 4. Roll Ca ll . 5. Consider at Ion oi Minu tes of Previous Session. a. Mlnul s rrom lhe Regular Cit\ Council Meeling oi December I 5. W08. 6. Recognition 01 Scheduled Publi Comment (Pl ease hmit vour presentation 10 1en m,nutes.) a_ E~sl~•ood re.,dent Sall Dawson "ill be present to address Cit, Coi;nc,I reg.ird1ng a nerg)lborhood med,auon suggestron . Recognlt,on 01 Unscheduled Pubhc Comment (Please limn vour presentation to &.e mrnute Time tor uns<"h~uled public comment ma · be lrmited to 45 minutes. ~nd Ii hmned , shall be conunu d 10 Genera• D1scuss1on. I 8. Commun, a1,ons. Proclan,a1ion and Appo,mmen~. 0 . Con ent Agenda Items . a. Appro,al 01 Ordinances on Fir s, Reading. b. App roval 01 Ordinances on Second Reading. r1l',l\f' oolt h \Ou hiil\ ., d1\..1hilil\ ,llid nt"ed au,ih,1n ,ud orst-r.Ic~ 1lle.i .. P 110111, th f' C1n o1 ln~k-\\Ood 1JOJ •;b:!•~·ICIS I .,1 lra\1 .aA hours lo .,th:.inc,. or \\hM sen,c~ o1re nei>dtad £ngw-., 1d < 1f\ (nvnul "\t<"11d.l lanUJI\ 5 .?Ol\tl P,g•~ Resolu uons and I\ 101,ons Recon1menda1ion rrom 1he Finance and Adn11ms1ra11,·e Se rvices Departmen 1 10 ap r,ro,e a resolullon designating the bulletin board on the north side of 1he second floor oi the Engle" ood Cn ic CfnlN as the Official Pos ung Place tor all Legai Notices oi the City of Engle,,ood 1or 2009 . STAFF SOURCES: Frank Cryglewicz, Director of Finance and Administ rative Services, and l oucrls hia A. Ellis, City Clerk. 10. Pubhc Hearing Items. {No Public Hea ring Sc heduled .) I 1. Ord inances, Resolutions and Mouons a. Approval of Ordinances on Flrs1 Reading. b. Appro,al oi Ordinances on Second Reading. c. Resolutions and Moiions. Recommendation nom the Utili ti es Departmen t to approve, b1• motion, rehabilitation projects for the Sherman and Zuni water tanks and a pipehne reh~biltration proJecl at Mc l ellan Rese" oir. Staff recommends awa rding the contracts 101 the lank repair, lo the lowest 1echnically acceptable bidder, TMI CoJatlngs, in ihe amoun t of $389,000 and awardi ng the contract for the pipeline rehabilitation to the lowest technically acceptable bidder, Thomas In du strial Coatin gs, in the amo unt oi S34,200. STAFF SOURCE: Bill McCormick. Utilities Operatinn s Superintendent. ii. Recomwenda11on from the Parks and Recrea11on Department 10 a pp rove, by motion, the purchase of globes for d1e decora11ve lights on South Broad\\a\, Staff recommends a1, arding the b,d 10 the lowest lechmcally acceplable bidder, Mountain Sta tes Ugh1ing. in the amount of 535. ~95, STAFF SOURa: Dave lee, Manager of Open Space. iii. 1'ecommendaf '" from 1he Depa rtmerll 01 Public Works to ap prove, by motion, the I ,se 01 a dump 1rucl. Stan recommends al\ arding lhe contract 10 Tram, est Truc ks in 1he amou nt of S 106,646, piggybacking on die City of Rifle'~ contract. STAFF SOURCE: Rick Kahm, Director of Public Work ,. ", Recommendation from the Department oi Public Works lo approve, b1 motion, the purchase of a s1reet S\,eeper. Staff recommend, awardi ng the bid hy piggyba cking on die CJ1y of Colorado Springs' con1rac~ to Faris Machinery Company in the amount of S 146,747. STAFF SOURCE: Rick Kahm, Director of Public Wo rks. Pie.1st nOll' If \OU hJ~f" ,) W.ilitkt\ ,tnJ need oliU'dtolt\ .aids or ~l<l"S ...... ~ nc:,llf\ •h~ Cit\ of EnP"'"ood l0l"'b1-..:-105i .u kasl ~8hou111 rn ad\.\ncf' ~ when ~mceJ ,1rr nt-ed<-d I r1gl"\WOd ( U\ C 1 •u"lnl -';N1d.t l.v1Uaf\ . .!tlOG f',lll{' l , , Recommendauon 1rom the Department oi Pubhc I\ orks 10 appro1 e, Ill mouon. th e purchase oi a bucket uucl Stan recommends a\\.irdong the bid to th e lo"es1 technicalh acceptable bidder, Trans"est GMC TrU<.ks. in the amount 01 s;J.068. STAFF SOURCE: Rick Kahm, Director of Public Works. 12 . General Discussion a. Ma, or's Ch01ct. b. Councll Members· Choice. 13. C11) Manager s Report. 14. Cuy Auorney's Report. 15. Adjournment The 1ollowong minutes were transmiu ed 10 Cit\ Council In Decembe1. W08. • Alliance for Commerce in Englewood Comm,nee meeting 01 1'01 ember 13. 2008. • Cultural Ans Commission meetings of October 1 and No, ember 5. 2008. • l.Jc;~or Licensing Authonr, telepho ne poll 01 November 19, 2008. • NonEmergenC\ Emplo)'ees Retirement Board meeting of August 12. 2008. • Planning and Zonin g Commission meeting ni No, ember 18. 2008. • Pubhc Librar1 Board meeung oi October 14, 2008 • Transportation Ad\ isory Committ ee meeting 01 r-.o, ember I 3. 2008. • \\ ate, and Se\\er Board meetings oi November I~ and December 9, 2008. Mr~ no1r 11 ,o,._ f\,hP .-dn.1h1hh ,,m1 l'IN-d -'U\d1;1" ,,,cf.. or s-e,"lt~. 1llf',,sti nolJt\ th1• CII\ nr ln~lt'\\(1nd 303· .. 62-J.~OS• .11 le.1~1 JA liour'I in ,uh.anr.-~ \\hPo V"I\IC~ .lrf" nN'Of'd • • • Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session December 15, 2008 The reguta, meellng of the Englewood Crty Council was called IO O<def by MaY()f Woodward at 7 37 p m 2 Invocation The invocation was given by Council Membe< McCastin 3 Pledge of Allegiance The Pledge of Allegiance was led by Council Member McCaslin. 4. Roll Call Present Absenl A quO<Um was present Council Members Moore. Penn, Oakley, MeCaslin, WIison. Woodward Councff Member Jeffel'100 Also present City Manager Sears C~y Attorney Brotzman Deputy City Manager Flaherty Deputy Ci\y Clffl Bush City Clerk Ellis Sales Tax Auditor Oebaillon, Flnance and Admll'ltStrallVe SeMCes Onc:tor White, ConYnunity Development PlaM,ng T echniclan Kirk, Community Development Commander Condreay, Police 5 Conalderatlon of Minutes of Previous SHsl on (a) COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER PENN SECONDED , TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF DECEMBER 01 , 2008. Mayor Woodward as ked U lhere are any cocrechons 0< modlficaUons There were none Vote results: Moooncamed Ayes· Nays· Absent· Council Members PeM, McCasOn, Moore, WOOdward, Wilson , Oakley None Council Member Jelle!$0n 6 Recognition of Scheduled Public Comment !Clerk's Note Council Member Jel lerson jOll18d the meebng at 7 39 p m ) (a) Mayor Woodward said To,n Rolhe, a representauw of the Keep Englewood Beaullfut Comm1ss10n wil l present lhe 2008 Holiday Lighbng Awards I saw Tom as I walked In I had been lh1nlung • • • Englewood City Council December 15, 2008 Page 2 earlier today I wonder 1f Tom will be wearing pants There was laughter I asked Tom about that and he said he compromised and wore a coat Five degrees I will give it to you and to Audra Kirk from Community Development Mayor Woodward said Bob do you want to paruc1pate too? Counc,I Member McCas1111 said I would like to say a rew things about KEB This Is a committee. Keep Englewood Beaubful. and we have anywhere from ten to thirteen citaens that WOik on this coovn1ttee We do the leaf and bre round.up the household hazardous waste, we work wrth the educa~on and public schools as lar as env,ronmental issues So this committee 1s very active, very stro1119 In the community and I appreciate all ol the hard work that they have done. It is just great lo be on this committee and I v,ant to thank everyone here Tom Rothe . KEB Chair, said every year we have to judge entries or people put In lor the holiday lighting and stuff like that and every year ii gets tougher and toug her The re are just getting to be so many people with so many interesting holiday decorations. It's a treat and we have a ba ll going out and doing It. We did 11 last Tuesday night. Now we are going to presenl the awards Audra Kirk said lor the Mayo~s Choice and the first l ew winners, there are signs 1n the back and a sign out sheet so ff you want to get your sign. Please come up here and get your award first Mayo,. Choice Council's Choice Sugar Plum Award City Spirit Award Santa'• Workshop Winter Wonder Honorable Mention, Cyndi Krieger and Robert Herberg Richard and Afice l<loewer The Miller Family Ron and Melanie Kloewer Doug Haas Ch alene, LIiiy and Jack Miller Dan and Peggy Steffens Esther Solman, Don and Darlene Patmore Sandi Unger Craig Hospital David Alfred Lemay Happy Holidays for Esther Rodger, Brad and Patty Fincham Patncla A. Lobb Samantha Davis The Bodikers . 2987 South Cherokee Street 4990 South Elati Street 4104 South Sherman Street 5041 South Elati Street 4536 South Sherman 5051 South Fox Street 3290 South Elatl Su-eel 2811 South Cherokee Street 3181 South Vine Street 3425 Soutn Clarkson Street 4600 South Sherman Street 4597 South Acoma Street 4900 Sou,~ Inca Drive 3270 West Gra nd Avenue 4085 South Jason Street 4005 South Inca Street Each award winner or honorable menbon received a round or applause Mayor Woodward said congratulations and thank you 10 everyone who received an awa/d There was another round of applause. 7 Recognition or Unscheduled Public Comment (a) Rick G1lht said Council and Mr Mayor, I am an Englewood resident. I am here tomght with concerns regarding Council Bill 79. I am going lo read a port10n of the bill that ooncems me the most with Is "Section 16-6-10.5.d (4) permitted driveway and parking pad paving materials Residential driveways and parking pads shall be improved with a hard durable surface of concrete, asphalt, brick pave rs or similar alternate matenals approved by the City Prohil>iled materials include dirt. gra vel, grasscrete or other porous material A zoning site plan review Is required priocr to the start of any residential dnveway or parking pad surfacing • I have done some search on thtS bill pretty thoroughly to try and find the verbiage thal Included grandfalhenng, or subject lo new permit requests, or any comments that ctanfies or states that U1,s Council Bill would not affect ou1 residents that presenUy have driveways that would not fit the new reqwement.s of this bill After much consideration, speaking with other Englewood residents and even seeking legal counsel, which is ror clanty, I am left with only one conclus10n lor the purpose or this bill and that is that the Council Bill 79 ls attempting lo do some ol the following #1 1s lo punish well-Intentioned and law-abiding c1Uzens who have done nothing wrong by mandotlng that they Improve their driveways, Implying that they did not meat some delegated public standa rd It must be noted that lo this poin t, other than to some of this Councilmen and women, these citizens have met all zoning requirements. broken no City rules, have been good citizens of th,s City and faithful tax payers Second Item, I believe that this bUI 1s trying to make Englewood similar to a covenant controlled community where excessive rules and regulatlClls are forced upon Its residents The issue with this 1s that many people have moved to Englewood because rt was not a covenant controlled and there was freedom to live a Mesty1e that met • • • Englewood City Council December 15, 2008 Pagel the homeownel's deijlfe within reason Th is includes buying properties that did not have paved driveways Th11d Item Is to legislate public standards that not all agree with In my discusS10nl th1s weekend with many of the citizens that do not have paved doves. they said that these drives have met their reqwrements and see no reason to upgrade But ,t has also brought a senous economical issue that I hope this Councd senousty conside11 The Kooy. the recess10n .. People are having a hard time gening loans . Money IS scarce I spoke w11h many retired citizens this weekend that have very nice homes that tell me that they have no funds to use lo upgrade to a paved dnveway One resident told me !hat slle has lived In her home for forty years and 11 has never been an Issue She asked why this Counal would do that to her She is one of the invited guests here this evemng and lam hop,ng th•s Councol gr,es her a good reason and a goOd answer. I also spoke with resldenls that were on disability One lady said she 's been disabled for nine months and hasn't been able to leave her house She sad how de. I get the funds to do this? I said I don't know You need to talk to your City Councilman He said third thing, residents also asK ii the Coty was going to force this upon its citizens. would they also pay for It. Good quesbon . Final lhoughl Whal would the harm ,n just making this Council Bill 79 address on ly new driveway permits? Seems like this would be a much better alternative Mr Mayor and Council Membe11, olease consider what you are doing wrth this bill and rts Implications on our fine citizens. I would also ask this Counc il to focus your efforts more on the City's ecJnomlc growth and economic recovery rather than spending lime on mandating unfair rules on tts cihzens. I must also ask where do these mandates end . Are we going to hear that only certa in trees are allowed In our City and all others must be tom down? Will we be required to have brick sided homes? w,n the City ten us that only cer1ain classes of people are allowed to live tn the City? Will we slart profiling what a goOd or acceptable citizen is? It seems silly to mention these items. doesn't tt? ll is also stay for our Coty to mandate to its fine citizens that only people with paved dnveways be considered desirable citize ns . I am sure that this fine Council has better things lo do with Its bme I would ask that Council Bill 79 be defeated as written or re-written lo include verbiage as grandfathering and/or applies to new permits only, Thank you for your lime, Mayor WoOdward said thank you. There was applause. City Attorney Brotzman said this Is actually out ol order, so I am going lo req uest a motion to respond lo that particular topic, since there are a number of people signed up lo speak regarding Counal BIM 79 and dnveways COUNCIL MEMBER MOORE MOVED, ANO COUNCIL MEMBER JEFFERSON SECONDED, TO ALLOW CITY ATTORNEY BROTZMAN TO ADDRESS COUNCIL BILL 79 OUT OF ORDER AND RESPOND ON THI S TOPIC . Mellon carried Ayes Council Membe11 Penn, McCashn, Moore, Woodward, Jefferson, Wilson, Oakley Nays None City Attorney Brotzman sa id this Is actually on second reading We had a first readlflQ There was a Public Heanng at our last meeting, and this Is now on second reading One of Council's concerns and quesUons is exactly the one yo u addressed II Is grandfathering Al the Public Hearing, the Community Development Department explained that this ,s grandfalhenng This is a very simple ordinance It Is coord1n at1ng two things One is there are a variety of defin1llons for pavers, brick and they didn't malch They coordinated those Second is there was a 6,000 and 7,000 pound truck weight hmrt. Thal has been coord1natad so Il all Ieads exactly the same ... all the signdge throughout Englewood Is 7,000 poun ; 11 coordinates that The dnveway issue ,s s,mply Cleaning up so all the defin1bons match The way that the Zoning Ordinance works Is 11 only applies lo new development All that came out In the Public Hearing Sadly , nobody was al the first reading or at the Pubhc Hearing, but that was clarified by CO staff So, what you have asked for on the grandfathering issue has been explained an:! 11 Is exactly what you are asking for, Mayor Woodward sa,d I Just want to point out, that at the very first reading, when the staff Sernor Planner had presented th,s, I brought tt up about grandfathenng and wanted lo make sure that lh1s did "°' impact any ex1st1ng drr,eways of any clhzens that had gravel, aggregate .. exactly the things that yo1, are discussing That was conf~med by the staff member At second reading or at the Public Heanng, I had ,•sked to make sure that Is was part of the presentation and 11 Is In our meeI Ing minutes that were iust approved le night whlCh stale that there are no changes to the parking requuements and no changes to requ,nng dnveway,, lo be brought up to the • • • Englewood City Council Decembe r 15, 2008 Page 4 new code standards So 1n other wo<ds eXJSll>g d.,vewa,s and part,ng pads are grandfathered 1n until there IS some type of development acbon that requrres them 10 meet the new standards Mr GAi said Mr Mayor. I am only gotng by what was on Ille s•te as ol today There was no menbon of grandfathenng ex,sbng Has that been change<> City Attorney BrolZman said 11 1s the way the Zoning Ordinance actually works Is there a grandfathe!,ng clause ,n the ordinanoe·, No But the way that the 2onll1g Oldmance works IS rt only appltes rn the sect,ons thal are addressed It only applies to new development Mc Gillt said would• not be out I'' 'lrder 10 ask.. 10 help our otaens get a good warr.: :uzzy, that we add that verbiage 1n. just for clanty? I don·t think ol would bnng any harm May.-, Woodward said that IS for Council to come up wrth when we gel lo the bill Mt G6t Said I would ask that you consider that Thank you Mr Ma)'O( t.4.lyor Woodward said anything else Dan? Mt ll<Otzman said that IS all (b) Matthew Crabtree said wel good evening Cow,al I am before you lh1s evening with a senes of Slfflilat c:oncerns regarding Counc,I 8111 79 . but f~st I would like to address what Dan Btotzman had menllOOed Almost verbatim, when Tncia Langon p,esented the ~tatemenls, when I was s1tt,ng, nghl there, dur,ng the last Council Mee!Jng, dumg the Public Heanng And I ~eljeve this rs first read,ng rsn1 thrs f,csl reading that you are addressing this tonight? But either way Mayor Vvoodward said lhrs i s second reading Mr Crabtree said Public Heamg, fifst readmg, second reading Clly Al1omey 8rolman satd no first reading, Public Hear,ng second reading Mr Crabtree said oltay, either wav when Tricia Langon presented thlS 10 Council. and I was lrstening lo lhat presenlatlon . she dldn1 lldicate any of lhls al the last Publ.: Heanng She s,mply stated that this ordinance the changes IO lhe Englewood Municipal Code under this Ordinance were lo correct incons Istenc1es with the hard surface standa«ls There was no d1Scuss10n of remo1,Ing any item from the O<dlnance, nor was there a d1SCUss10n of any other sort. Now granted nobody showed up al that P. Jh:.C Hea~ng I didn't I was not aware of the extent that this ordinance wenl to, untd I went home ar<! read 1t Now Mr Woodward, rm sure you and I see the same poin: on lhtS The grandfathenng IS an ,mponar.• thing But I am going lo read you a secbon of tlus document and you tell me how you grandfathered thrs 11 s~-,r.,,, r,umber C no person shall park or store Mayor Woodward satd I'm sorry whal a:ea? Mr Crabtree sawl Its page number 2 and Sec:bon number C I'm gOIOg IO read Section number C and SubsecllOn number 2 o, page 2 Council Member Jefferson said I think you are lallung about t t-6-2 (C). is that correct? Mr Crabtr~ said that aJUld be l1S page number 2, C no person shaU park Iha! rs how~ starts Okay? No person shal park or store any vehicle on pnvate property in vl01a1,on of the following resl ric~Jns I'm go,ng 10 go to Subsecbon number 2 now No vehlde shaft be parked III the fr;xrt o, 1n front of the front setback of the pnnc1pal structure unless located on a hard dUJabte surlace of concrete, asph.1I1 brick pavers o, Simllar alternate matena!s What's stncken from the wording 1s gravel Go back and check the record Both times when T ncra Langon ptesen«cd lhlS twas under the terms of rectdy,ng inconsaslenaeS 11 the wording When I see or when I thmk of Incons1stenoes, I lhink of changing the wording from gravel to crushed aggregate or aggreua1e 10 crushed gravel not exdud,ng a nght that Is allowed to the Ol!Zens nghl now Now back to lhe topic of grandfathenng How can this be grandfathered in? No person I am a person n, vehicle I have a vehicle I park on a gr.r.et driveway This allows way too much mterpretat,on and as lh<$ IS wnhen nght now, ever person 1n thlS City that has ~ gravel dmeway, d could be mterpreted III a manner that they ace not allowed 10 pa,k 11 thew dnveway I won I argue with you that grandfathemg ,n lhe dnveway dself 1s probably not the problem The problem IS thrs part,cular wording here Ttus ,s my concern That thrs WO<d'1Q states speofically that no person shall park or no person shall park on the front basically gravel driveway of lhelf property Thal's whe!e my concern comes wrth this Grandfathemg I dOn't see how that can be grandfathered Think about d Do I have a lltlle b,t long« here? Mayor Woodward saxl I lhought you were hmshed Mr Crabtree said I ha,e another quick J)Otnl Now there seems lo be a lol of history w,fh thrs topic Speak1119 wtlh a previ, JS Counci Member eartref today this Counol member llld.caled that two years ago these were a series ol complaonls that were received to the Council Member lhal Code Enforcement had been lryIng to enl01ce parking on oerta,n surfaces .,.,~., lhe C1t I am nol enld'ely sure how :hill s pcySlble ~ lhlS ordinance rs belo,e us 1h15 8\"en,ng Bui • • • Englewood City Council DKtmber 15, 2008 Page 5 !hen again. SIIC monlhs ago, dumg a Study Sess,on, City Counol CkSCUSSed parlung surfaces II thlS City During that d1scuss1on 11 was discussed • won't tt prevent people Iron, parking on certain surfaces in the City wonl prevent people from par1mg their RVs on the s,de of the.-house Wei ra ten you what, Council Bdl 79 Will certalnly prevent people from doing !hat by the exact definitlon of that Now d there IS grandfathering, pal1l<:Ular1y thiS statement here, In Sectlon C there. thal I 11151 read IS as ,1 r&ads ... sounds like and certainly looks like Ifs go,ng lo be a relloacttve law for the people ,n lhlS communily We need danficabOn and lhe members or this convnunlty require clanfication on what that means and how that could possibly be grandfathered Thank you for your hme Mayor ••• ~ ,ward said thank you There W3S applause (c) Steve Yates, an Englewood reSlden~ said Couna. I reaille that you are stabng lhal this IS grandfathered In Thls Is In regards to Council Bin 79 We all know that when the Code Enl01cement person comes up and says you are in VIOla~on of a certain oohnance, they donl bother to explain all o! the Code Enforcement rules so d you have 11 011e sc.:tion that says lhis is grandfathered in, they are no1 going to show you that. What they are going lo show you Is something like this. Secl1on 16-6-10 (5) (d) (4) II reads ·pem11tted dnveWlly and parltmg pad paving materials, residential dnveways and parltrng pad shan be Improved' Those are the exact WOl1ls in there,' wrth hard durable surlace ol concrete bnck pavers 01 sunilar alternative materials approved by Ille City Prohibited materials include dirt, gravel, grasscrete or other porous materials' Tllal's wllal the person will see. They are nol going to see anolher seciJon that says .. oh, by the way, disregard everyihlng we say hefe You are grandfathered in Okay So, II Is poorly written I would also 111.e to men110n that I did speak to 50 people in a five blocl< radftlS Out of these 50 people, I ran across two lndMOU<l's that were mentally disabled, two that were physcally disabled and In al cases, you could obviously ,.,,, lhal they could not afford to make these type of improvements, nor could some of these guys handle the ac.."'-Utlons that they need to improve ,t So. here aga,n, It IS not ve,y Cle"1 Now I did find two mdMduals that were In faVOt of imprcMng the !>llrfaces but in both cases. they were rente;i, So. we are not t.alkJng aboul the people who ac1uany pay the taxes here Lei's see Someone has already mentioned lhal our economy IS that • makes k impossible for people lo lrve up to the way this bil IS presenOy wntten I WIii \Jfge Ille Counol 10 table th is bill or make it easy for the public to under5tand Nol an allorney. but the pubuc or the people llecalJse the people are the ones that give you the ability to do what you are do,ng up there And you are here to serve the people.. not rule the people Coty Council. please. table this btll Thank you There was applause. (d) Doug Cohn, an Englewood resident, said good evening I have several r, 1est10ns about Counal Bill 79 as wel Some about the dOV&ways and some aboct a couple ol e.rief pieces as wel The first one 16- 5-4 (0) ( 1) (b) the ·use of any motor vehicle 01 trailer out or whiCh or from which any goods are sold or stored any services performed, or other bus1AA.ss conducted, shal be proh•brted ,n all zone d1s1ricts· I said whal II lhe wor1d was that? Thal means that the Schwann s ice cteam 1ruck can't ma!<e a delrvery 10 my house My carpet cleaner can't come The UPS guy can't drive down my streel I don't think that's what you u,tend but lhal's the way~ IS wntten The second one, ·11-6-2 (C) (3) and 16-5-4 (0) (2) (c) (1) •·.,no event shan more than one commereial vehde be slored on property II any residenbal zone district. whelheJ II a pnvate garage, car porl or on the property anywhere • I got to thnlcing, pnvale garage? Are the Code Enforcement guys go og to come and look 11to the wmdows in my garage? That 1s kind of cteepy With respe,;t lo the residential dnveways and parking pads You menllOned Dan lhal ~ was talked about be ing grandfalh~red In What I'm doing IS reading the ordmanoe and theres nothing even h1n~ng thal I looked al the Sect1011, around lh1s, going all the way bad< to Sedlon 11. 01' Chaptef 11 and SectlOn 16, t cfidn1 find any dlSCUSSlon on that It mght be that I ~!didn't st'& 11 What I've discovered In the world of law shaft IS a very powerful word II Is a coercive sort or WOtd t have a sbCk and you·re gorng to do ~ I guess as t read the safety clause al the end of the thing here the safety clause says that the City Council hereby finallzl!$ and declares th~l lh,s ordll180Ce IS promulgated under general r,ohce power and promulgated for the health. sa!ety, and welfare of the public and this ordinance ,s necessary fo, the preservallllll ol heallh and safety and for the protedlon of pubic~ I asked myse~. how does this do that? Is a gravel driveway or a dtrl driveway and the other lh1ngs lhat we talked about here are those threats to pubf,c health and safe1y? I don't understand II iust seems kind of odd to me 1 did want to say one pos,tive • • • Engl ewood City Council December 15, 2008 Page 6 lhlng al lhe end You guys worked and wo•ked and worked on lhe Business lmprovemenl D1slncI flog Issue ano I apprecIale Iha: you worked lhal lhrough and 901 It all done I will say lhank you as one of lhe guys In lhe BID I guess one of lhe things that distressed me about that was lhat over three meebngs, you JUSI talked and lalked and lal!<ed about what should the flags look tike, wllal matenal and au that sort of stuff and maybe thal's a useful d1scussoon As a business guy , w!lat I was feeling was lhat we can't trust those business guys We need to supeMse lo make sure that lheor flags meet our specs As a business guy, I think you can trust us Al leas~ give us a chance If we do well , you do well. Thanks Mayor WoodWard said thank you There was applause. (e) Jerry Furman said at the last meeting I talked aboul the Rec Center declining us and saying that we could not play there, We fina ll y got to talk to the Englewood Rec Cenl er guy and he actually said we could do it at Malley Cenler and we are doing It Malley Cenler and Charles Hay. So. we have a schedule for the Southslder Tigers, so come join us H you guys want to come and watch a game Several Coone,! members thanked Jerry There was applause . (f) Colleen Chandler, an E:ngklWOOd reslJt nl, said I just wanted to voice that I agree with everJbody else here about the dnveways !, for one, can.101 affOfd rt I don't think I need to improve g I don't see a safely issue wrtn my driveway aod I Just wanted IO have my voice heard as well .. thal I would appreciate 11 H you guys wouid rethink this bill, IewrIIe this bill because you are saying lhal I am going to be grandfathered, but I also don't see that that is being addressed In the bill That Is all I have to say. Thank you ·1ery much Mayor Woodward said thank you There was applause (g) Donna Shanahan said mine Is, again, on the driveway I am a one Income pe rson. My driveway, yes, It needs lo be fixed . I was going to fix ii. II ls go,ng to cosl me $4,500,00 I'm sure thal there are a lot of people out here that can'I afford $4,500.00 IO have it fixed I keep It clean. I've got grass growing in there. My neighbors have grass and veg:s and ever;,thing growing In hers but anyway We cannot ac;cept that we have to put L, a cemenl driveway I was also told the other day. well. tf you don'I gel ,t put in. you'll have a warrantOU1 fOf your arrest Come on now ... fOf a drtveway? Mayor Woodward said may I ask who told you that? Ms. Shanahan said one of l hese gentlemen here I'm not sure I don't know exaclly who It was Mayor Woodward sa,d It was nobody from lhe CI1y, but one of .? Ms Shanahan said yes He was bnnging around a sheel of paper that was say,ng that this Is all by law and letting me . and he had his son with him, and he says if you don1 have thl$ done, lhey1f put out a warrant fOf your arrest and bring you .. you know fOf this Let's don'I do that Let's don't even go that far This ,s ridiculous [Clerk's note: Steve Yates spoke frocn lhe audience and part of his comments were nol dlscernable I Steve Y;ites said I would hke to say I don't recall saying warrant I would say that you "'OUld be ,n v,olalJon if they chose to enforce ti Mayor Woodward said okay, lei's lflt her complete Ms Shanahan said okay ... but, again, $4,500 00 and mine Is a small driveway. There are other people :hat have double wides It's going to cosl them 10 grand at least It Is nol worth il And of lhey have n,ce gravel ,n there or n,ce roc.s or whalever paved w,th slones °' wllalever. why change rt now It drains. rt WOfks Thal's II • • • Englewood City Council December 15, 2008 Pago 7 Mayor WoodWard said thank you There was applause (h) Randy Condit. an Englewood resident, said good evening Jim I think you actually met me this summer al our neighboltlood party I have a hltle yellow cottage I have spenl a lot of money kind of restonng 11 I actually took lhe driveway out and put gravel In because I am frying to turn the house into a cottage so every one keeps saying upgrade lo cement I don't get 11 I WOUid rather fall down on a pile of gravel, then fall down on a hard surface So, I don'I k now about the safety ,ssue Maybe some cJarificabon on what gravel 1s versus I'm using rocks that are a certain sae Is thJI gravel? Or Is gravel really sma» rocks? So, I Just got a sheet In froot of my house and saw the Issue, too and I just needed some clarity as lo kind of what wa~ going on Just because the reahty is I dldn't undelSland the upgrade I think that is an I really have to say I keep the weeds out of 11, The parking situation. that people have ment10ned here seems to not have a lot of clarity loo as lo whether I park a car In there . , whether thal would be against an ordinance or not grandfather or not I am not an anomey, so I am not sure But it sounds hke everyone Is raIs Ing some good Issues that you guys should consider Thal is all I have to say Mayor WoOdward said than k you. There was applause, (i) Thomas Kelly, an EnglewoOd reslden~ said I lived al my present address for the last 16 years I hava about 150 loo~ double wide driveway that's gravel It drops probably two to three feet from street level to my garage, which sits right along the City Ditch . If I was to pave that, I would have wate r now nghl from my garage every time It rained heavy Though you may not cooslder that something that that Is my problem, not youis However, my neighbor .. two feet away from my garage has a sunken yard that is four to five feet down below .. along City Di tch level I wou ld fill his backyard up with waler In a heavy rain, 11 I was lo pave 11 Now l kna.v you have site re-and planning as part of the Code and I am sure an engineer. which I am a professional eng ineer, would tell you that when he came to look at It Individual circumstances need to be taken Into account I know that you said this 1s grandfathered. I agree wrth people that have read the language thal 11 nee1s clarifying That Is all I have to say. Mayor Woodward said thank you There was applause (J) Erik Larson, an Englewood resident. said I don't have a whole lot more to say than whal has already been said It's been said pretty pO\ 4 ully and pretty clearly I spc.ke .,,,th my neighbor whO has a true gravel driveway and has bved there for 50 SG. .. e year~ Sha was not able tc. "1ake the meeting tonight I told her I would go on my behalf and her behalf and Infor m her as to what the deci!.lon was of the Councll ton1ghl I think there are many great things that go on in the Crty and this is something t:iat maybe, at one time, made more sense than 11 may have when you have some p ublic review and comment That Is all I have to say Thank you for your time Mayor Woodward said thank you There was ~pplause (k) Anita Bohrer, an Enylewood resident, said I have never been to a Council muting before I fll5t want to thank oor gr . .at clllZens lor bonging this to rr.y attenbon, as I have a dirt driveway I only found oul about 1t yesterday morning When I rolled ou t ol bed my husband to ld me I'm not that eloquent of a spearer, so I am just going to speak from my heart I had three quesllons when I wo!\e up yesterday moming and ht, showed me a notice and tokJ me whal was going on V\'hose brilliant Idea Is this? Becaus• I certainly won't be voling for them next time Who has a relative or faniuy member that ,s 1n the asphalt and flat wo(< business or accepted some campaign contnbut,ons from an asphalt and fial work company? Who is ge1t1119 hurt 01 has every golten hurt from my din driveway? In the 18 years I have lived ill Englewood, I have ne,er received or.~ complaint • • • Englewood City Council De cemb er 15, 2008 Pa ge 8 about my dirt driveway I feel hombly Judged by my City Council for this Whal dt , have against families thal live In humble circumstances? We have owned our house for 18 years We h . 9 not put money into unprovIng 11 We ve raised rou, children In a 700 square fool home I challenge ar -..ooy to do that We've done a fine jOb Two of them are grown One of them I'm sure you are not even ~v , is Jack Kent Cook Scholar He is the first student in the State of Colorado to be awarded thal honol H6 . ~nt around the world In 200712008 and he is now studymg over in Lugano, Switzerland II takes every pennf my fanvy has to keep that boy afloat He Is a nationally recognized scholar The other son has graduated from High Schoel one year early and is at ACC. II you force us to pave our driveway, he's going to lose out on a semeste(s tuttlon, maybe two Okay We are humble people We don't IOok like our neighbors. You don't know what my children are doing. They are doing great things and they come from here. I'm Just absolutely certain you know nothing of the citizen's struggles that have dirt driveways or gravel driveways or then houses are a httle run down But you are discriminating against us If you enforce this tt Is going to make us make some very difficult choices m my famtly I cannol believe that the C,ty of Englewood wishes to direct clltZen property Improvement and thus you are seizing conllOI r:,ve, our fam,ly budgets in a tune of economic recession In the past two years, two houses in my block have been foreclosed on One of them has a dirt driveway Do you think that dictabng atizens pave lhe,r dnveways wlil lmprr:,ve the,r pocketbook or their financial situallon or ther economic rondrttons? When I mr:,ved here 18 years ago, I was not aware I was moving into a covenant community This law is something you would find in a covenanl communtty. I believe, and I stin believe. that as long as I am paying my mortgage payment, paying my taxes and my pertinent obligations, the City of Englewood has no right to tell me how 10 Improve my property or how lo delegate my Income to do so. Than k you. Mayor Woodward said thank you. There was applause (I) Liz Frank said I appreciate the oppor1unity to speak tonlgM Like many people here lon1ghl. I am here for the paving of the driveway When I fwsl heard about this. ft was just very scary for me and very fearful I live In Englewood and I have a full-time job. but to come up with that kind or money to pave my drive.vay, would realty be a finanaal burden. Like it sounds like it would be for many people. I do my best to keep my property up , I don't let the driveway get full of weeds. In the summer, I make sure I pu ll !he weeds myself. I don't believe in using chemica ls, so I am oul there pulling I don't have weeds In my driveway, like many of us don't . bul to con Ie up with lhal kind of money in these hard economic ~mes lo redo my driveway coJldn'I do It and I don't think very many people could I do have a sleady ... I am fortunate to have a steady, secure Job I appreciate your bme and your attention and I hope that the people makmg this decision . w,I think aboul people like me Thank you Mayor WoodWard said thank you. There was ~pplause (m) Pau l Hendricks. an Englewood resident. said I Just wan ted 10 point something out to you guys 1f you know me and my occupation. you would know rea l quick why I would figure th ;s out I went to college m California, In Los Angeles. where ,t Is 112 square miles of pavemenl And that water all goes somewhere It goe:1 down a giant shoo! and goes out lo lhe offir.e They are In drought there We are In droughl here When you stan paving too much at some po,nl you wil reach a tipping pomt and all you &re go,ng to do ,s cause a lot of eros,on along the South Platte II Is good that the ,ain seeps ,n through gravel and through other m&lerials The fact of the matter, rt was po1n:ed out to me, that ,t does seep some mto concrete That is why concrete cracks But rt basically runs off of concrete Just for ecological reasons . 1, OP.I lhal subsod moisture up I wouldn't recommend concrele to anybody That's all I have 10 S3y Mayor Woodward sa id thank you . There was applause (n) Lourett Barrenbne, an Englewood resldenL said Matt Crabtree asked me a couple or quesllons when he had ,:ome to lhe CouilCII meelrng at>out what had happened on Council during the four years thal I • • Englewood City Council December 15, 2008 Page 9 sat on there and whether lh,s was somelhlng lhal had already been on there what the h,story of ,t was And the reason that there is some clanficatlOn here Is because for some l,me II has already been In there that you need lo park on a hard surface The thongs on your backyard need lo be parked on front , back ... n needs lo be on a hard surface. The clanfication lhal Is going on here is lo go ahead .;nd minimize what hard surface ,s. So, In a way, you were already grandfathered In , when II was just a hard surface . grave l counted Now we are puthng In tighter regulations. What you also don't realize, with th,s whole grandfathering issue. ,s lhal to a certain extent, this has already been being enforced on a hard surface depending on how It was Interpreted I also spent four years as liaison on Code Enforcement So. I am a little confused when you act smug and kind of giggle up there .. that you don't think that these people understand that there ,s concern here, because there has already been enforcement, by Code Enforcement. on the hard surface ossue for gravel and dut It has been somewhat selecllve and t understand why you are trying to clean rt up, so that you could go ahead and have ,t specdically state that you can't have dirt and gravel My other concern is that a couple of citizens got together and brougM people out here who had concern so chasbsing them for nol being part of the Public Healing last week ... when somebody JUSt spent a couple of days and put a few flyers out and found out that people had this kind of concern with this ossue .. Is somewhat Inappropriate. They have every nght to be Just as heard this time, as they woul<.f for the Public Hearing lhal they dodn'I know about Thal is all I have to say Mayor Woodward said thank you There was app lause. (o) Danielle Carr, an Englewood resident, said we also have a very long dirt driveway. We park multiple cars there. My husband was In the painting business for a number of years and we needed that room to accommodate They were 001 necessarily commercial vehicles. but we did have slgnage on them I agree with what has been spoken about being able lo nol live in a covenant We really hked Englewood for that nature Thal we felt that we could have our home and do what most people want to do In theor own home is live there and do what• takes to hve there With your own property So, when we saw the nobce on our door, we were very thankM that we would be able to be given a chance lo speak ;,gains! these changes For common people ~ke us we are raising five kids In a very small home and h1<e Anita said, 11 would be very d1lfocult for us to have lo put out a lot of money to pave or even do brick pave rs or any kond of upgrade 10 the house .. when we need to make sure we are meebng the needs of our children and doing what we can to run our household So, thank you for your consoderallon and ,r we had the money lo do and of Englewood was willing lo pay for lhal .sure, we would be happy lo do something different lo our driveway Bui as II stands, we are not able to do that So, thank you for your I,me. Mayor Woodward said thank you . There was applause (p) Lou Malsam, an Englewood resident, said f agree With the people that are speaking dnfocabon on some ol these issues. I would e:so hke lo bnng up lhe point that even when zoning Is well, let me explain recewed a notice about a dereloct vehocle about 18 months ago and I rect,fted the issue But, dunng that bme, when I asked the zomng offocer what constitutes a hard surface she would not answer my quesuons All she would do was read what was wrrtlen and she did not have the abihty. nor would take the opportunity, to clarify that for me Ano 11 was very ddfocull for me lo figure out what I needed lo do I would JUSl llke lo say lhal more clanflcatlon In these matters and also, when zoning perSOflne! come out and grve you the noloce thal they would have the abihty and would take the I1me lo clanly thongs a little b,I better for people, they would have a much better understanding of what they need to do lo take care of the srluatlons That's all I need lo say Thank you . • Mayor Woodward said thank you There was applause 8 Communications, Proclamations and Appointments • • • Englewood Cit) Council December 15, 2008 Page 10 n,ere were no commumcahons proclamations or appoIntmen1s 9 Consenl Agenda (a) Approval of Ordinances on Ftrsl Reading There were no oterl'S submllted for approval on forsl reading MAYOR WOODWARD REMOVED AGENDA ITEM 9 b (I ) -COUNCIL BILL NO. 79, FROM THE CONSENT AGENDA FOR sr0 ARATE DISCUSSIO N. COUNCIL MEMBE: .•~E MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE CONSENT AGENC , /AS 9 (b) (II) and 9 (c) (I), (ii), (b) Approval of Ordinances on Second Reading (11) ORDI NANCE 7l. SERIES OF 2008 (CO UNCIL BILL NO. 80, INTROD UCED BY COUNCIL MEMEBR MOORE) AN ORDINANCE AMENDING Tl rte 5 , BY DELETING CHAPTER 5, ANO AMENDING CHAPTER 8, SECTION G, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO MASSAGE THERAPY (c) ResolutJons and MoUons (1) RESOLUTION NO. 87 SER IES OF 2008 A RESOLUTION APPOINTING AND REAPPOINTING THE SOUTH BROADWAY ENGLEWOOD BUS INESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS (ii) A PROFESSIO NAL SERVICE CONT RACT FOR AN ENGLEWOOD DOWNTOWN AND MEDICAL DISTRICT MASTER URBAN DESIGN AND PUBLIC IMPROVEMENT PLAN Vote results: MotJon camed Ayes Council Membels PeM, McCashn, ,.1oore, WOOdward, JeffelSOfl, Wilson, Oakley Nays None 9 b (I) Mayor Woodward said now we wdl have dlSCUSSIOO on Council BIii No 79. which IS lhe bill which lhe ma)Onty of lhe speakers spoke of ll'mghl Mayor Woodward said there are a couple of thongs that I wwld like lo address The f11st os lhal there was no ond!vidual Councol Member lhal brought !hos fo,ward This was brought forward th rough Code Enforcemenl ano Community Development And ,t had to do with .. the purj)<>se ol lhe amendments for bolh sels Is for cooststency In lhe Tllles of the Municipal Code. Speafically, i •le 11 , Tolle 15 and Tolle 16, Which had different definohons for hard surfaces. So, that was lhe purpose of lh,s . Again, as I slaled earlier, in the very f1rs1 .. the first hearing I made the po1n1 or slating or asking the quesbon about grandfathering, because I wanted lo clanfy lhal Personalfy, I befieved 1 knew the answer, because ,1 has 10 do wtlh a zoning issue And as an examplo, rf and when we have changed building codes, things like thal . .for example electrical, plumbtng those sor1s of lhlngs ii doesn1 go back and say lhal your current sluff is grandfalhered In ll os grandfathered in , unless you come and change your eleclncal service or upgrade plumbing or do something like that then you upgrade lhat 10 lhe current eode And Ms Langon. lhe Senior Planner po,nled oul thal yes, this is grandfalhered 1n and ii would only go into effect of you were to pull a perm,1 and change some thong I here. which regard lo a~ I would undcrsland ,1 your driveway Al the Pub :oc Hearing I spec,f,cally asked Tncla • • • Englewood City Council December 15, 2008 Page 11 pru< to the meellng, lhal she be sure to poInI out IO her p<esentabon lhal this was grandfathered tn Now, II there I~ a place 111 ::OUncol 811 79 lo state something like that I thtnk It Is a given and I would like lo ask Dan , the c,Iy At'.omey, of that Is the fact what Is your opIn,on on that? City Attorney Brotzman said aga,n the currenl dnveways 11 was Planning and Zoning giving ,t 10 you Their lntenl was . the exacl undersland1ng of cosl and Issue Involved Council considered the exact same thing , which ,s not making 11 A burden on lhose with current drrveways this was s1111pty clarifying that was the whole idea If you w:iuld tike lo add a grandfalhenng clause as Section 12, you can do that It doesn't even require a second reading We can simply add a new Section 12 wrth the grandlathenng clause. ll IS non-subslanl1ve Thal rs why there Is no seconq reading , because the intent was Iha! these Items be grandfathered in. It 1s simply a clean-up ordinance to make all of the sections read the same I should address ... lt also changes one llem ... whlch Is the one zoning category thal was 6,000 pounds was changed to 7,000 ll's simply a clean-up ord1nanc~ not a subslanUve issue. Mayor Woodward said ,s there some language you would recommend for Secbon 121 City Attorney Brotzman said we can just put In our standard grandfather clause as to driveways Thal those w,th current driveways lhal are gravel or dirt would be allowed to contin ue. Mayor Woodward said existing dnveways wi ll be grandfathered In, basically . Mr Brotzman said right Mayor Woodward said with the new technology and Google Earth and those sorts of things, there are mant ways of see,ng what was there what is lhe<e at any given bme Mayor Woodward said Council, is there some discuss10n lhat you would like lo have regarding that? Council Member Penn said mine Is s111I on the enforcement. And granted we can get a map or everything , !lut leWng who has gol lhe~ current and who doesn't I think somehow we have to relay that to our Code Enfcroement City Atlorney Brotzman said the really nice lhing Is lhal you have a brand new comma nder sllUnp over there that understands that. Hopefully, the folks that went out and talked lo all the neighbors . I mean the• were ta lking to a lot of neighbors ... hopefully, when we put the grandfather clause back in SV1C8 you don't wa11t lo panic the neighbors about driveways, they Wlll go out and talk to the very same neighbors and say that th s iS grandfathered '" What's wanled, ts exactly whal Council considered and what they did. Mr Pinn sa,d thank you Mayor Woodward said I can assure you , in my optn!On, nobody up here intended lo make SJmebody change from lhetr exIsbng dnveway, to a concrete dnveway or pavers. Council Member Jefferson said I agree , I think that has sort or been the inlenlion all along . And In hearing from a lot of the folks In our community, I generally categorize their comments Into four separate categones I think each one warrants a ldUe bit of our discuss10n and/or some feedback This first 1Ssue, of course. was the grandfalhering ,ssue and I think we need to be very clear that ii you don't do anylhing to your p,operty, that you do not need lo upgrade to a cement drrveway So, I hope everyone Is clear on that gomg forward I w,11 corne back , actually, to that Issue on another Issue I am going to bring up, The other issues that I saw some of the comments in . were enforcement issues, clarification lo genera l lay people our citizens .on undersIand1ng the iaws lhal govern them and then finally, lhe ments of going with gravel or contfele I saw those as four separaIe issues The fnt one I think we an can agree tt was everyone's 11tenI on Council, I believe. to make sure that folks that have gravel driveways are not burdened and asked lo put in concrete dnveways The second Issue was enforcement and I will ask for some add1lional comment. I think I heard some comment s-yIng that some people were being en forced agai nst Can we gel some clarif,caUon on that ? Mayor Woodward said I am goir .g back to the onginal presenlatlOn and I believe ,t may have come rrorn our P & Z. .. on the work sessions that u,ey had on 11 Part of the problem was that because there was these different defin1hons coming from different Titles lhal Code was there was some confusion as to which definition fII where And that was one of the reasons for the consis tency, so there was a s,ngto definition and not different defin1f1ons In the three Gary would you have any Council Member Jefferson said definition ol hard surface you mean? Mayor WoodWard said yes Mr Jefferson said so some people some Code Enforcement Officers then were confused about what conshluled a ha<d surface and what didn't constitute a hard surface And gravel some of the Code Enforcement Officers mistakenly, I think nghl didn't think that gravel was included • • • Englewood City Council December 15, 2008 Page 12 •n lhal? So, lhose people were wnllen up, bul lhe un,male resull of lhat, I am assuming we did not enforce against that. because that was allowed to have gravel City Altomey Brotzman said the issue really came ,n new development plans Code Enforcement said gravel was allowed When rt got to Title 16 the zoning people, of you brought ,n a new plan, they basicaBy sa,d you can 't use gravel because gravel wasn 't included In Tolle 16, but rt was In other TiUes So. 11 was zomng thal was say,ng you can't have gravel Not Code Enforcemenl Counci l Member Jefferson saod okay But as ,t stood ... or as ii stands currently, you can have gravel, Correct? Mr Brotzman saod correc1 Council Membe• Jefferson said 1hat will bring me 10 my final comments on the ments or gravel versus cemenl But my next on~ fo, clanficabon purposes fo, our ClllZens. People want to under.;tand the laws that govern them They wanl to understand what they have to do and what they don't have to do, aCCOldIn9 to their local government That IS a bit of separate issue and I think lhat that is something that Councol needs to discuss or look at. You rea lly have to gel out your Code or decoder ring to read our Code book and to understand what you have to do and what you don't have to do So, I think that Is a totally separate Issue On this particular Ordinance, I have no p,oblem and I don't think anybody else on Council would or adding this grandlathenng clause as a non-substanbve amendment, just to be clear and to put 1t out there on that same piece or paper saying this is being grandfathered In. And people don't have to be concerned unless they are doing a new development or changing there conslr\lctlon of some sort that made them do that Maybe I can ask for some co,nments. I'm assuming nobody would really have a problem with some sort of non-substantive amendment, Just for clarification purposes. That being the case ... l think that gets us to my final area or comments, which I really t~ink is at the heart of this ordinance and really the substantive issue here ... ls do we want to mandate cement driveways on new constructJon and when people are changing things? Perhaps SOlnebody etse can hop In here and g,ve me an Idea of . My understanding is that this was more or an environmental concem that. you know porous gravel dnveways would allow for anhfreeze and o,t and these kind or things, to see~ Into our 9ro1md and whatnot. But heanng some of our comments from some or our cihzens here It does seem thal cement might do the same lhing ... not Just at that same location , but certa inly It would end up somewhere So, maybe somebody can discuss or we can begin to discuss the merits of gravel versus cement in our new constructJon Mayor Woodward saod Wayne, did you have some comments? Council Member Oakley said yes I certainly wouldn't have any objecllon to the grandfathering clause being staled. We all understood that, bul I certainly wouldn't have any obJecbons to that. It's the other concerns that the people have that are concerning me, as much as anything When you say. make Improvements that is very vagu W at kind of improvements ,s rt g01ng to take fo, them to have to spend $3,000 00 or $4,000 00 more lo, a \.Olnete dnveway You can landscape your front yard with crushed g ranite and other kinds of stone and It 1s considc<ed deco,alive, but If you put tt In your dnveway rt's a no, no So we are not being consistent Th•se people have got some very leg,tlm ale concerns. And based on whal we have done lhe last two or three ye.,. "hen we've h3d this kind or a turnout, this much concern we stepped back and took another look I thin~ that 1s •vh/lt we should do In this case Council Memoer Wilson said I would like to look at the ram1fcatJons of having gravel versus concrete and know how that would Impact the environmen t Also. I wanted to say (hat I lhought our Code Enforcement Officers always, if they approached someone about an issue, lhat there was always a friendly kind or reminder, or a friendly talking to that they wouldn't automatically Just write something, that there were be some kind of friendly no1oce So, I am hoping that that Is sbll happening I am assuming that It 1s And I don't think anyone ,s going to go to Jad d they don't do something about thew dnveway So. I think we are au safe there But those Sfe the issues t have Mayor Woodward sa id Dan could you descnbe a little bit aboul whal Code Enforcement the Tille that they enforce and for example . lhe zoning officer what they are enforcing Cily Attorney Brotzman said Code Enf0<eemer,1 Ottocers don't do general what we would conslde< general cnm,nal acts They don't do speeding lockets they don't do domestJc vlOlence Trtle 16 ,s zon,ng 01 they do the ,tems unde1 Tille 11 and Title 15 whoeh are basically aesthetic quality of Ille code issues • • • Englewood City Council December 15, 2008 Page 13 Council Member Wilson sa,d Dan I wanted to ask does one need a perm,!? I mean d someone ,s go ng to ,s that a way to monitor whal is going on or enforce1 City Atlorney Brotzman said lhe answer ,s there ,s a development plan that •s reqwed under T,tle 16 ~ you are domg cena1n types of redevelopment lo your property Mayo, Woodwa«I said usi.g I believe 1t was Wayne's example and I'm redoing tandscap,ng ,n my front yard and I'm putting in aggregate and some things, as fa r as flower beds would thal require any type of perm1ll,ng or would ii effect the grandfathenng and cause me to have 10 put in a concrete driveway? City Allo,ney Brotzman said very simply pul .. no As lo the simple landscaping ,ssues. There 1s one item that Is less clear than the others ... which ,s re-graveling your drlvtwsy II is one of the difficult sub]8Cls, As to anything else .. you want to be careful . d you pul ,n a new fence. you need to pull a fence perm,! But If you are just doing simple l;,ndscaping, the answer 1s no. You wouldn't be doing a site plan, you wouldn't be pulhng a penmrt The really hard part here the tough line is r011ravehng o, re-doong your dnveway, Even 11 you went lo lhe requested piece, which Is concrete putting concrete In your driveway you should be com ng 1n a nd doing a development plan saying we changed the dnveway to now be cc,ncrete One of the reasons you do the srte plan 1s what our engineer spoke about .. winch is we want to look at drainage issues, so you are not harming your neighbor and so we can have the very conve($3tl0ns that were brou ght up about water and other issues Mayor Woodward said correcL .. storm drainage Mayor Woodward said when you say re-graveling .and If I am to go get 8 bags of gravel at Homo Depot and fdl In where gravel has pushed onto the sod or has been run off or whatever ,s the re-gravefing? Where ,s the line on re-graveling? Are you t~lking about scraping out and putting new gravel into the City Attorney Brotzman said I think that goes to Wayne's Issue of ctanficabon The ,dea 1s leaving gravel driveways as gravel, not making them upgrade lo one of the other permttted categoncs But. eventually, you wou ld hke the gravel dnveway to change ... al some point So, In the grandfathering . that would be a ni:ie discussion. Code Enfo,cement Officers would really like that clarified, because they have lo talk to these folks and that 1s an issue Yes, you should be able to r811'8V81, but al some point lhey are trying lo enforce thaL as w.,11 tay,ng let's go to something else Council Member McCas lo n sa id I kind of agree with Wayne I think that there have been so many Issues brought up that these are some Is sues we really need to s,1 down and talk about before we vote on something we can't en force If we pass something. k has lo be enforceable and 1ust looking out In the audience .. there are a lot of people out there that are saying we don't know what we are domg So, I lh1nk we really need to address this ,ssue before we vole on thos again And I agree wtth Wayne I th,nk it shou ld be tabled and brought up again Mayor Woodward said ,s there any further discussion Randy do you have any comments? Council Member Penn said I agree with that and I also need to work on the enforcement Issue of this who4e thing. I'm Just not sure that we are at that pomt where"'" could actually do ot correclly. Mayor Woodwa«I said .. John? Councll Member Moore said ,1 sounds hke a good opportunity lo make a mol,on to table this and ask lhe C,ty Attorney to bring back grandfathenng language that we can review , lo make sure 11 aods the clarity that was obvoously missing And JUSI for my clarification If we stop thete we can bong II off the table and bring 11 foiward with second reading. If we do address issues about the gravel o, not that may push us back to first reading But we can make that decision when we have our next dlscuss,on Council Member Oakley sa,d we certainly have precedence for that Council Member Moore saod I wou ld Joke to mak e a motoon to table It Mayor Woodward said may I ask a ques!IOO of Dan on this rs the way 10 do thos ,s table it or to delay k? Coty Atlorney Brotzman said you can do either If you table ol three quarters of Council has to vole lo bring It bac< up or you can simple set ot at th,s tome for a dale certao.n whatever meetong on 2009 • • • Englewood City Council Decemb er 15, 2008 Page 14 Mayor Woodward said I would suggesl lhal we sel ii for dale certain to come back up Gel ,1 on our schedule Council Member Penn said can we gel 11 on for Study Session aga ,n? Mayor Woodward sa ,d we w,11 have a Study Sess10n first Council Member Moore said I will mod ify lhal mo~on and we can sel lhal date. knowing lhere w,11 be a Sludy Sess10n In ilelWeen Mayor Woodward said Gary 1s laking a look al lhal nghl now C1Iy Manager Sears said January 5~ Is the next week and two weeks later we have Martm Luther King Hobday, so that meeting will be on January 20th Mayor Woodwar~ asked what was on lhat agenoa City Manager Sears said Board and Comm1Ss1011 interviews City Allorney Brotzman said we could have langu age for you at a Study Session on January 5"' We could lhen bMg tt bock ID Councd, at your regular meeting , on January 20 .. Council Member Jefferson said ii I could just ask a question. If we delay 11 until the 20"' that g,ves us a date certain when~ IS g04ng lo come back lo us However, d we were lo make substanllve changes or chose to make substantive changes .... City Attorney Brotzman said then ii would be back on first reading, Instead of second Mr Jefferson said on the 20"'? Mr Brotzmlln saia yes That way lhe people ,n lhe audience know what day it's going to come back here Council Member Jeffer.;on said that way they know when lo come back If they are Interested Mayor Woodward said 11 Is going to come back as second reading and with the changes, it will lhen beeome a fwst reading Council Member Jefferson said I see ii we chos£ to go that dsrecl1011 at that bme But we will have a Study Sess1011 and an opportunity to discuss some of these concerns ... enforcemenl.. the ambigu ity of enforcemenl.. gravel versus cement Counc,I Member Oakley said, again, we have done this just very rece nlly gone back to f,rst reading JO this Is not breaking new ground Council Member Jefferson said okay ... I Just wanted to get some clanfoca~on on the d1sbnct10n between delaying and tabling That being said I wil second the motl0n to delay for a date certain of January 20" COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER JEFFERSON SEC ONDED, TO DELAY SECOND READING ON AGENDA ITEM 9 (b) (I) • COUNCIL BILL NO. 79, UNTIL JANUARY 20, 2009, COUNCIL BILL NO 79 INTRODUCED BY COUNCIL MEMBER WILSON AN ORDINANCE AMEND ING TITLE 11 , CHAPTER 6, SECTION 2, TITLE 15, CHAPTER 1, SECTION 2 AND TITLE 16, CHAPTERS 5, 6 AND 11. OF THE ENGLEWOOO MUNICIPAL CODE 2000, REGARDING HARC SURFACE STANDARDS AND COMMERCIAL VEHICLE WEIGHT Council Member Penn said ,s there anyway that ,ie can have some kind of clanhcat10n belween concrete and grave l by the b"'? The environmental benefits? Council Membl,1 Jefferson said, hopefully, at that Sludy Session we can get some lnlormahon rationale for moving towards more concrete, rather than gravel Cily Manager Sea rs said ,f I can add I know the Planning and Zoning Commission spent a lot of time of this issue Also, pflOf' Council's have also taken a look at this issue and we can provide ddta to City Counc~ on lhe hr.;IOl'f of lhal Inlormahon Mayo, Woodward said lhe olher item Randy that thought you brought up was enlorcemenl So 1I we could also have enforcement on lhe s"' to discuss Englewood City Council December 15, 2008 Page 15 Cou'lCII Ml'mber Penn said nght The ways lhal we concretely put 11 I hate to use that word sony So that we have ~ 9.xxf plan on how we are going to enforce this Right now, I don'I believe we do Mayor Woo.1ward said If there ,s no further discussion . let's vote Vote results : Ayes Counc,I Members Penn, McCashn, Moore Woodward, Jeffe-son. Wilson, Oakley Nays: None Motion carried 10 Public ►!earing Items No Pubhc Heane,g was scheduled I! Ordinances, ResoluUon and Motions (a) Approval of Ordinances on First Reading There were no items submitted for approval on first reading. (b) Approval of Ordinances on Second Reading • There were no additional Items submitted for ap:,roval on second reading (See Consent Agenda llem 9.) (c) ResotutiOns and Mollons (i) Director While presented a resolution approving amendments to the DevelOprnent Review Application Fee Schedule He said this is a request to have Council approve a resolution approving new development fees for the various development review apphcatlons that we process In the Department You reviews~ the fees last week at Study SesSJOn We told you at that t,me that we set the new fees based upon a reasonable cost recovery lo., ·ecover staff t.rne involved ,n putting together and re111ew1ng the apphcabons And also, we surveyed several 1unsd1Cti0ns In the front range to make sure our fees aire reasonable and In hne with what olher Jurisdictions charge for those vanous apphcahons, Some of the fees are going up slightly, some are acluaily decreasing As we discussed last week, some of our processes have been streamlined and we find that we are spending less t,me with some of those applications than we used lo Some of the fees are actually deaeasmg slightly We would ask that Council would consider approving the resolullo/1 app,ovmg the fee sehedule Mayor Woodward sa id are lhPre any quest10ns for Alan? There were none. COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER WILSON SECONOED, TO APPROVE AGENDA ITEM 11 (cl (II • RESOLUTION NO. 88, SERIES OF 2008. RESOLUTION NO 66, SERIES OF 2006 A RESOLUTION APPROVING THE DEVELOPMENT REVIEW APPLICATION FEE SCHEDULE FOR COMMUNITY DEVELOPMENT • Mayor Woodward asked ,f there was any discussion There was none Vote results: Ayes Council Members Penn . McCashn. Moore. Woodward , Jefferson Wilson Oakley Nays None • • • Englewood City Council December 15, 2008 Page 16 MollOncamed (n) Dire<:lor While presenle<I a resolution extending the co nsohdaled servicr olan for Kent Place Metropo litan fl strict No 1 M d No 2 He said baci< on September 17 2007. Counc,I ap?r ,ad the Se,v,ce Plan tor Kent Plaoe Metropol1tR1 District No 1 and No 2 What thrse Dis tricts were ae ;zed to dO by the approval of those Service Plans 1s to finance the con~trucllon of pubhc improvements and ,nfrastructure on the Kent Place Development srte a nd, also, adjacent to that site there were ·~,1e Improvements neede<I to Hampden Avenue and Unwers,ty. as a resL•lt ~f the approval of the n avelopr,1e 11 Plan for thal particular development The Dis trict finances public Improvemen ts through the 1ssua•,u; of debt ..nd they retire that debt by assessing fees and taxes, only w1th1n that Distncl, whlc~ covers only th, •~ea, Place Development Parcel at Hampden and Unlvers1ty It doe s affect any other part of the Ctty, in te1•T1> JI ta> ·'19 or debt issued by that D1stnct. The developer of Kent Place, Continuum Partners, is asking for an e1'eot :J,1 of the approva l of the Service Plan One of the conditions of the approval was that a market study be approved by the City, by Oe<:embef of this year Certa,nly, you unde rstan d, that under the curre nt economic cond,tlons, that ,t wouldn't be very useful or fruitful to develop a market study under these economic conditions So, Conhnuum has requested a two year extens10n to the approval of the Service Plan and, certainly, they could come back v.lthln any time before the two years is up to request approval But we are ant1cipatm9 that rt 1s go,n~ to take awllole for the econom,c recovery to tak e place and for a market to reestablrsh ilsel l for the type or product that 1s being proposed ,n the Kent Place Oevelopmenl Staff rs recornmencf,ng approval of the resolution which grants a two year extension to the condibonal approval or the Service Plan Mayor Woodward sa id are the·e any quest10ns for Alan? Council Member Wilson said Is · ,ere an end date did you say for another year? Director Wh,te said thrs would extend the approval unh1 De<:ember 31, 2010 Ms. Wilson said okay COUNCIL MEMBER MOORE MOVED , ANO COU NCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Ill· RESOLUTION NO. 89, SERIES OF 2008. RESOLUTION NO 89. !:ERIES OF 2008 A RESOLUTION EXTENDING THE CONSOLIDATED SERVICE PLAN FOR KENT PLACE METROPOLITAN DISTRICT NO.1 AND NO 2 Mayor Woodward asked 1f there was any dlscuss,oo~ There was none Vote results: Mabon carried Ayes Counc il Members Penn. McCashn, Moore. Woodwa•d, Jellerson, Woson, Oakley Nays None Dtector Wh,te said thank you 12 General Discussion (a) Mayofs Choice (1) Mayor Woodward said w1th1n our packets !here was a te ller, a dralt letter from me 10 our Federal ,epresentatlves that is congress people regard<ng the infrastructure st,mulus package It was In draft form until Coun~1l approved It. I wou ld like to ask for Council approval on that so we can go ahead and se'ld that rorward Mike Flaherty, the Deputy Coty Manager, has sent some stuff lorward This ts a letler doreclli to our rep resentatives So , unless there is an obiect1on , I wou!d bke to go ah~ad and s,gn those letters and get them sent Helnng no objecllon I will go ahead and do that • • • Englewood City Council December 15, 2008 Page 17 M Mayor Woodward said I would like to mention tho Chamber business party on Friday nlghl II was the party held at the Alexan and 11 was open lo the businesses In Englewood and it was quite the success Ra:idy ce11ainly, as the Chaw of the Englewood Ch3mber, put a lot into It and did a superb Job I think everybody had a good lime sort ,njoyed ii (11) Mayor Woodward sad I would like to mention that today Lenny's Subs had lhelr grand opening at Floyd and Broadway This is the hrst lrancll1se to OPS" In the Slate or Colorado There will be somewhc a around 40 I know a ~umber of Council Members aad City staff were there lo help them celebrate lhal and do a ribbon cutting and eat some food, which I thought was prelly good. I would encourage people to give them a try That is LeMy's subs (rv) Mayor Woodward said Randy and I did a presentation today at Englewood High School to the Junior's regarding the youth partlc,pahon In the National League of Cities Conference held on Washington, DC in March We hOpe to gel a number or applicat,ons coming out or the school I think it was falrty successru l and I think It is something that, In future. we should do as opposed lo just sending some things over and letting them know about It We did have the whole Junior class and every1hmg we have was handed oul (V) Mayor Woodward said I would ~ke to congratulate one of our members that was a youth member last year .. Shannon Eldridge ... she I$ a senior al Englewood High S.Jlool. She was a youth participant at NLC during 2008 and she received one of 300 Pres1denUal recognition awards for volunleerism. So, I would like lo congratulate her on that Mayor Woodward said I would like to congratulate. again, the holiday decorahng recipients (v11) Mayor Woocward said I want to mention that the Terraces at l'ennsytvania, the senior affordable housing complex, did get their Cdrtiftcation of Occupancy I believe It was tNO weeks ago. It IS now open And seniors are starting to move in and occupy that. II ls a very nice facility. Being on the Houswig Authority and having gone through the place. Council Is scheduled to go through 11 on January 12" It is lde?lly placed, as far as locetion ; close to Sareway, Swedish Hosp,tal and trans~. If people would 1,ke lurther lnformat,on on that, they can contact the Englewood Housing Authority (viii) Mayor Woodward said I would hke to wish my fellow Council member, and staff that are here, a Merry Chrisl/nas and to the clUzens of Englewood a Happy Hobday and a happy and prosperous New Year (b) Councd M~mbers' Choice (1) Council Member Penn 1, He said I would like to thank the City ol Englewood for he1ping support our Chamber holiday party we tlad last Fnday II was an excellent success and hopefully people will start rea1tzlng that the Chamber ,s com,ng back 2 He said holiday lighting those people really do a tot of WOii( I actually put one or two lights myself, so I kn01• wllal they go through 3 He said the visit with the JunlOl's today was excellent. We are going to go over to the Altern~tlve High School and check with student's to see If there are any students that would hke to apply 4 He said LeMy s was greal We had ,great rood over there today and I enco urage everyone to go there (h) Council Member McCaslln He said I want to wish everyone a Happy Holiday • • • Englewood City Councn December 15, 2008 Page 18 2 He said I wan1 10 thank the peOple who showed up al the meeting IOrught I apolog1Ze 10< the inconvenience and m1scommunicat1on Bui, hopefully. we will rectdy this to e-,eryone's sabsfaction 0< to most everJone's sabsfaction (iii) Council Member Moore 1. COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE RESOLUTIO N NO. 90, SERIES OF 2008. RESOLUTION NO 90, SERIES OF 2008 A RESOLUTION SPECIFYING AID TO OTHER AGENCIES FOR 2009 BY THE CITY OF ENGLEWOOD. COLORADO May0< Woodw.ud asked W there was any discussion Mayor Woodward said this is a resolution where City Counol from the C,ty Council budget, designates use of funds II the amount of S32,250 00 for Aid to Other Agencies. non-profrts r0< their use. which support the City of Englewood and its cibzens, Mayor Woodward asked ~ tnere w.is any further disc ;sslon Seemg none. please vote Vote mutts: Motion carried Ayes · Nays Council Members Penn. McCaslin, Moore, Woodward, Jellerson, Wtlson. Oakley None (Clerk's note· this resolution was listed on the Agenda as item 12 (bl (1) I 2 He said Happy Holidays to everyone. (ov) Couno,I Member Oakley· 1 He sa1d I too would like to than~ ever,bady for showing up tomgh~ espec,ally Wlth their concems regarding Council Boll 79 2. He said I would like to wish everybody a Merry Christma~ (v) Counc,t Member Wijson t Sile Said I a~e people commg IOIWafd arid heanng What they had to say They bfought up some good points I think this Council is very aware or wooong with the people and that 1s our intent So, I app<eciate that 2 She said I was at the Chamber party and Randy , thanks f0< doing so much work with thal and your family It was a lot or fun and very rnce I appreaate that 3 Sile SatCI I cSon1 know d peoplOI have nollced that there are new sculptures on the planters along South Broadway, along wijh the bicycle racks that BID has pur~sed So. I want to thank them They look wry ooe ~ She sa1d Happy Holidays (v,j Council Member Jefferson • • Englewood City Council December 15, 2008 Pago 19 1 He sa,d I 100 Just wanted to thank everybody for coming oul. It Is a b,g part of the democratic process, obviously,•~ having people concerned about Issues going on ,n their neighborhoods So, 11 ,s nice to hear that we have some folks who are concerned and bringing those concerns to us It was nice to see everyth ing work the way It should tonig ht 2 He satd I w,11 also second the idea that the hol,day party for Iha Chamber went greaL I also want to g,ve special thanks to Randy, as well as the rest ol the Chamber staff and board members II really went well and I think ii goes a long wa, ti) felting people know the Chamber ,s up and running again 3 He sa,d Happy Holldays to everyone 13 Cltf Man age(s Report (a) City Manager Sears said 2 few years ago, because of financial condmons pnmarily, we changed .he empl ,yee's holiday party I felt It was still Important todo and so we, just over the last several years and this year, we are hOsting at the City Managers office upstairs, in the Counctl meeting room We will bnng some food from about 11:00 in the morning to about 3 00 That Is this Wednesday and It Is a great opponunlty for me to ta lk to employees and I want to Invite the City Council, ff you have a chance, to come by. Again, It is pretty Informal, kind of a low key get-together, but 11's a great opportunity to talk to our employees. (b) City Manager Sears said I wish Council members a Happy Holiday, 14. City Attorney's Report (a) City Attorney Brotzman said I want to wish everybody a Happy Holiday 15 Adjournment DWARD MOVED TO ADJOURN The ~ting adjourned at 9 16 p rn ' PUBLIC CO MMENT ROS TER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT J anuary 5, 2009 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRl~.'T NAME ADDRE SS TOPIC • • • RESOunlON NO. SERIES OF 2009 A RESOLUTION DESIONA TING TIIE BULLETIN BOARD ON THE NORTH SIDE Of THE SECOND FLOOR OP TIU! l!NOLEWOOD CIVIC CENTER AS THE OFFICIAL POSTING PLACE FOR ALL LEGAL NOTICES OF TifE cm OF ENGLEWOOD FOR 2009 . WHEREAS, the "Open Mectings Law", State Statute §24~-402(2)(c) requires that the public place or places for posting legal notices shaU be designated annually at the local public body', first regular meeting of each calendar year, NOW, THEREFORE, BE IT RESOL YEO BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~. The official posting place for all legal notices of the City of Englewood for the year 2009, shall be lhe Bulletin Board on the nonh side of the secoud floor of lhc Englewood Civic Center and such notices shall be posted under the heading "OFFlClAL CITY NOTICES." This Resolution does not io any way of it.self create a requirement for notice. ADOPTED AND APPROVED this 5th day of January, 2009 . ATTEST: James K. Woodward, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby cettify the above is a true copy of Resolution No. __ • Series of2009. Loucrishia A. Ellis, City Clerk • • • COUNCIL COMMUNI CATION Date: Agenda Item: Subject January 5. 2009 9 c l Designation of Bulletin Board on the north side of the second floor of Englewood Cl\ le Center as the Official Posting Place for all Legal Notices of th e City of Englewood for 2009 Initiated By: Staff Source: Department of Finance and Adminlstra~ve Frank Gryglewkz, Director of Finar, _. ~nd Services Administrative Ser\ices Ory Clerk's Office loucrishia Ellis, City Clerk COUNCIL COAL ANO PREVIOUS COUNCIL ACTION For the past several years, City Council has adopted a resolution al Its first meeting In January designating the Official Posting Place for all Legal Notices of th e City of Englewood. RECOM Ml "'JEO ACTION Approve a resolution designa ting the bulletin board on the north side of the second floor of Englewood Civic Center as the Official Posting Place for an legal Notices of the City of Englewood for 2009. BACICCROUNO, ANALYSIS, ANO ALTERNATIVES IDENTIFIED The OPEN MEITINGS LAW, State Statute § 24-6-402 (2) (c) states that •a local public body shall be deemed 10 have given full and timely notice If the notice of the meeting is posted In a designated public place within the boundaries of the local public body no less than twenty-lour hours prior lo lhe holding of the meeting. The pubUc place or places foe 0051,ng such notice shall be design,ned annually at the local public body's first regular meeting or each calendar year: FINANCIAL IMPACT None LI STOF ATTACHMENTS Resolution • • • COUNCIL COMMU NICATI ON Date.: January 5. 2009 In itiated By: I Agenda Item : 11 ci Utilities Department Subject: Ell!\ ated Tanks & Pipe Rehabilitation Project I Staff Source: BIii McCormick. Operations Superintendent COUNCIL GOA L ANO PREVIOUS COUNCIL ACTION January 3, 1999, Council approved a rehabilitation of the 200,000 gallon Sherman Tank. The Sherman Tank was sandblasted, repaired and painted on the :nterior ol the tank. The 500,000 gallon Zuni Tank was completely rehabbed and painted in 199j, The tanks are inspected every two years. RECOMMENDED ACTION The Englewood Water and Sewer Board recommended, at their December 9, 2008 mee ting. approval, by motion, ol two bids. One for the rehabilitation of elevated tanks and another for pipe rehabilitation. The flrst accepted bid 1s to TMI Coatings in the amount of $389,000 for Zuni Tank Interior with 30% Ext enor Paint and for Sherman Tank full e,cterior pamL The second accepted bid is 10 Thomas Industrial Coatings in the amount of S34,200 for the Mclellan Pipeline full paint and crack repair with lead based paint removal. BACKGROUND, ANALYSIS, ANO ALTERNATIVE S IDENTIFIED During scheduled tank inspections on the Zuni and Sherman tanks, It \\as disco,ered that pain~ng and repairs were necessal) The Sherman tank ls a 200.000 gallon tank that "as put on-line In 1982 and sen es the southeast ponion of Englewood. The Zuni tank is a 500,000 gallon tank constructed In 1960 that sen es the nonhwest As pan of the tank rehabilitation projec~ It was originally proposed that the interior and 30% ol the exterior of the Zuni would be sandblasted, corrosion spots weldei:1 and repai red and lhe interior painted. The outside of the Sherman tank will be sandblasted, primed and painted. Photocells and light bulbs will be replaced o n both · Jnks. These preventive measures will de ter corrosion and extend the life of the tanks. The Mclellan pipeline tunnel is a 30" steel pipeline .,, a sealed concrete tunnel that provides the pump line in and drain tine out for the Mclellan Resen oir. The tunnel Is located under the reservoir dam. During the inspec11on, lead primer paint was discovered. The lead primer paint will have to be removed and properly disposed of according to hazardous materials regu l,1tlons. This quote I addresses the removal, disposal and recoating of the 30• steel pipe that Is approximately 300 lineal • feet long. Also, three concrete joints will be repaired to preve nt ground wa ter from entering the tunnel and dripping c,n the pipe. FI NANCIAL IMPACT The bid opening wa, held on Delember 2. 2008 and ten bids were received: 1A • Zun i Tank Interior w/JO"lo Exterio r Paint & Sherman Tank Full Exterior Zuni Tank lnL w/30% Sherman Tank Total !;;S21Dll~□li'. ~ Full ~!, eil1a1 .eL_ Purcell Painting & Coatings, LLC $338,000 S321 ,000 $659,700 The Gattway Company of Utah LLC No Bid No Bid No Bid Oasslc Protective Coatings S205,400 S252,100 S457,500 TMI Coatings Inc. $204,000 $185,000 S389,000 Ri ley Industrial Services Inc. $421 ,373 $633,)27 $1 ,054,700 HCllnc. $179,004 $363,358 S542,362 State Pa!n tlng Co Inc." $121,000 $250,000 $371,000 Thomas Industrial Coatings $160,000 $150,000 $410,000 Coblaco Services Inc. No Bid No Bid No Bid HallmarJ.. Inc. S449,524 Sl60,713 SBl0,237 •• State Painting Company, the apparent low bidder, did not acknowledge the addendums and, therefore, Is not an acceptable bid. 2 • Mdellan Pipeline Full Paint & Crack Repair with l ead Based Pa int Removal Coooi;,anv Purcell Painting & Coatings, LLC The Gateway Con,pany of Utah UC Classic Protec tiv~ Coatings TMI Coatings Inc. Riley Industrial Services Inc. HCI Inc. State Painting Co Inc. 71,omas Indus trial Coatings Col!laco Services, Inc. Hallmark Inc. ~ S 75,500 S 86,900 $ 60,100 S 99,000 $120,799 S 47,565 S 75,000 S 34.200 S 3'1,127 S 79,371 TMI Coatings Inc. is the recommended low bidder for the Zun i Tank interior with 30% exterior pain! and the Sherman tank full e~terior paint in the amount of S369,000. Thomas Industrial • • • • Coatlr•gs Is lhe recommended lo v bidder for Mclellan Pipeline full pain t and crack repair Mlh lead based paint remO\al In the amount oiS34,200. Camp Dresser & McKee Engineer$, 1he Technical Engineer, has reviewed and recommended acceptance of lhe 10\v bidder$, TMI Coatings, Inc. for Projects 1 and 2 and Thomas Industrial Coalings for lhe pipeline. The Utrlilies Department budgeted $200,000 for lhe painting of Zuni inlerior, 30% exterior and ,JO% ext.!rior of Sherman Tank. This mMeywas accotm 1ed fo r in lhe 2009 Budgei under accounl il ..0-1603-61251. 550,000 was budgeted under accoun1 #40-1601-6301 /or the repair$ and l)linting of the Mclellan Resel'llolr 30inch pipeline. Th 101al cos1 for the lhree projects Is S423,000. This is S 173,200 over the budgei for these , • ects. The ulillly will be seeking bond funds in the fim quart er of 2009 for about she projects to i, r ompleted over the nex t three year$. This Is one of the projects. If bond money Is no t available, tht 'und balance can pay fo r this project UST OF ATTAC'HMENTS Bid Pro posal Tab ula llon CO M Lener dated Dece mber 3, 2008 M/11 u1 es fr om th e Dece mbe r 9, 2008 Eng lewood Wale r and Sewer Boa rd Mee ting • • • City of Englewood B id Tabulation Sheet Bid Opening Dal e: December 2, 2008 10:00 AM Mtn ITEM BID t~8137 EJ vated W te T k & P l Rehabllltation : -• • r an , ... lv~r , ....... ,-Add/Bid !nwtcwwt30'!I. 2.S--nTank Bond EJdao'lorPalnt FuH~Palnt Total Bid -1 a. 2 Purcell PainUna & Coatinas LLC v .. s .... -.oo s :121700.00 6456 S 144th St Tukwila, WA 981 68 (206} 83 ~878 • t:19,700.00 The Gatewav Comnanv of Utah LLC v .. NoBlcl NoBlcl 1617 N Chir.Ann St ISalt Lal<.• City, UT &4116 (801 l 532-2600 NolSld Classic Protecllve CoaUn~ YN s --.00 s 252,100.00 N 7670 State Hiahwav 25 McNomonie. WI 54751 (715 } 233-6268 s "7,II00.00 TMI Coatinas Inc Yu s -.-.oo. 115.000.00 3291 TermUla l ~ ' Is• Paul, MN ss121 ---.. (651) 452~100 s ,..,_.00 Riley Ind ustrial Services Inc v .. s '21,37100 s .»,327.00 2615 San Juan Blvd Fannlnntnn, NM 87499 (505) 320-1140 s 1,054,700.00 HCI Inc v .. $ 179,-.00 $ JU.la.DO PO Box 1573 Brush Prairie, WA 98606 (360) 260-9250 s 5'2,3t2.00 State Palnllno Co Inc YBond $ 121,000.00 $ 2£11,IJIJ0,00 422 W 900 S NoAdd Salt Lake Cltv, UT 84101 81d Tab ShMtfTB-0&-137Jdo (801) 257-8799 $ 371,000.00 Thomas Industrial Coatinos y s 1IO,OOO.OO $ 2.Si0,000.00 2070 Hiahwav Z Pevelv, MO 63070 (816) 686-9283 s 410,000.00 Coblaco Seivices I nc y No Bid No Bid 700 Billinas St !Aurora, CO 80011 (303) 690-7148 No Bid Hallmark Inc y $ ~.52400 $ 360,713.00 5040 Tabor •~t ~O'!l ~;,:_:. ~t '... .•r,-033 {303) ti 23-8005 s 810,237.00 City of Englewood Bid Tabulation Sheet Bid Opening Date: December 2, 2008 10:00 AM Mtn ITEM BID· ITB--08 -137 El evated Water Tani<: & Pipe Rs habllltation '"" ~•u _,.ema1.e Total Bid • 1A & 21 Zuni Tank lnterio1 Add/Bid w / Full Exterior 2. Sherman Tank Vendor Bond Pa int Full Extc,. for Paint P urcell Painting & Coatings LLC y $ 291,509.00 $ 32·1,100.00 6456 S 144th St Tukwila, WA 98168 (206) 835-6878 s 813,209.00 The Gatewav Comoanv of Utah LL".; y No Bid No Bid 1617 N Chicaao St !Sall Lake City, UT 64116 (801) 532-2500 No Bid Classic Protective Coatinos y $ 357,100.00 $ 252,100.00 N 7670 State Hiahwav 25 McNomonie, WI 547ti1 (715) 233-6268 $ 609,200.00 Bid Tai> Sheol ITB-08-137 ,XIJ • • • • • • TMI Coatinos Inc y $ 3 73,000.00 $ 115,000.00 3291 Terminal Dr ISi Paul , MN 55121 (651) 452-6100 $ 558,000.00 Rilev Industrial Services Inc y $ 811,723.00 $ 633,327.00 2615 San Juan B lvd Farmington. NM 87499 (505) 320-1140 $ 1 ,412,050.00 HCI Inc y $ 513,7U.OO $ 363,3$8.00 PO Box 1573 Brush Prairie, WA 98606 (360) 260-9L:i0 $ I TT,1 23.00 State Painting Co Inc YBond S 3ll5,000.CO s ::.u.lJ00.00 422W 900 S No Add Salt Lake Citv, UT 84101 {801) 2:,7.9799 s 1145,000.00 Thomas I ndu strial Coatinos y s 340,000.00 s 250,000.00 2070 HiQhwav z Pevely, MO 63070 (816) 686-9283 s 590,000.00 Coblaco 3ervices Inc y No eld No Bid 700 Billinos St !Aurora, CO 80011 (303) 690-7148 N o Bid Hallmark Inc y s Sa.4,74 1.00 s 3 60,713.00 5v40 Tabor St (Wheat Ridge, co 80033 (303) 423-8005 s 945,45'.00 City of Englew ood B id Tabula tio n Sh eet B id O pen i ng Date: Decembe r 2 , 2008 10:00 A M Mtn ITEM BIO: ITB-08-1 37 Elevate d Wate r Tank & Pipe Rehabilitation Bid Tab ShNI fTB.08.137Jdl ---.euan run Paint & Crack Add/Bid Repair w / LSP Vendor Bond Removal Total Bid ._ .--"'oua Purcell F'a intina & Coatinas LLC y $ 75,500.00 Removal 6456 S 144th St Tukwila, WA 98168 (206) 835-6878 ffltn fhe Gatewav Comoanv of Utah LLC y s 16,900.00 Removal 16~7 N Chicaao St Salt Lake City, UT 84116 (801) 532-2500 s 88,900.00 'n'IUl~UUV& Classic Protective Coatinos y s 60,100.00 Removal N 7670 State Hiohwav 25 McNomonie, WI 54751 (l15) 233-6268 s 60,100.00 ... '"''u' nmraous TMI Coatinos In.: y s 99,000.00 Removal 3291 Termin al Dr St Paul, MN 55121 (651) 452,6100 s 99,000.00 '"''u' n.A.,uous Rilev Industrial Services Inc y $ 120,799.00 Rem(\vaf 2615 San Juan Blvd Farminoton, NM 87499 (505) 320-1 140 s 120,799.0 0 u1ui nazaraoua HCI Inc y s 47,565.00 Removal PO Box 1573 Brush Prairie, WA 98606 (360) 260-9250 s 47,565.00 Non ttazaraoua State Paintina Co Inc YBond $ 75,000.00 Remov·aJ 422W 900S N o A d d Salt Lake Citv. UT 84101 Oki Tab Sheet ITB-Olt.137.JLJ■ • • • • • • {801) 257-9799 -$ 75,000.00 YHUl n ~S Thomas ,~~•1strial Coatinas y s 34,200.00 Removal 2070 .Hianwav Z Pevelv, MO 63070 (816) 686-9283 s 3'.-~0.00 ..,-1u 1 na&A1fGOU■ Coblaco Services Inc y $ 39,127.00 Removal t,i"~o '3illinos St urora. CO 80011 (3031690-71 48 $ 39,127.00 •••u• ,._...,ou■ Hallmark Inc y $ 79,371.00 Removal 5040 Tabor SI !Wheat Ridge, CO 80033 (303) 423-8005 $ 79,371.00 8id TabSheel !TIM)8.t37M • • • mM Ui Uaftit'""'M" 1100 Drn-..-r.tflll«,KtglQ/01 1~ >IH)U1l00 tat.. KlaJOl)Oi>l December 3, 2008 Mr. DIii McConnick Gty or Englewood HIil() Englewood Pnrkwa)' Enp;lewood, Colorado 80110 Subject: Bid Ev~lo1Hon for Elevated Tank & Pipe Rehabilltalion City Proj~cl rn,.()ll..137 (COM Project #67390) De~ Mr. McConnkk: COM uttcnJ"d ll1<• bid op•,.hg for U,e above refcrl-ncrd project 01, December 2. 2(Xl8 at 10:00 am and receive.! one copy uf ,act, bid submitted. As r"'lue~ted, COM completed n br'.cf review of the low bid(s) m·••ved from Thom.is lnduslTiol Cootinb'S And TMI Coatings. In.:. for the various components ol ,. Bid Proposal. B0U1 bid pal·kage, hlt'.luded the required Bid Bond ana ,eltrence Information. Based on the evaluation of the bids r.-ttlwd, it is our opinion !Nt both companies lis ted above su1'mJlled responsi\•e hids with lump sum ,•alues ru1 noteJ. and thal penJb,g additional funding U1C following bids shall be awardtd re. d oo low bid for the> vnrious clemmb ul the pr0J<'<: I as listcJ in the Award Rt>Commcndntions Tublc ~low . • • • CDI\II Mr. Bill ~kCornuc~. City of Engl~wooJ BiJ Evaluation for Elevated Tank & Pipe Reh,bihtation December 3, 2())8 Pagel Awwd Recommondltlona T1blt Award No, Bid Kam No. l Ducrlpdon Co11trao10r 1A Ponding additlonal llldng: Bid 118m1 No. I & TMl~.lno 2 inculng Z... Tri lrferlcr w/30'-1.<1a!lor & ShlffllOn Tank lul oxtoriof -f B Under cur rent 1vallol,la funding only; Bid Item TI-oNislndu.arial No. \ ~ L.r,I Tank lnlotlor w/ 311% Coelingl OJdeno< 2 Bid """' No 3A ncluding McW.,, Pipe ltJII Tl'oomulndu5lllel pair, & ~ rei>alt wf llll' "~ intt.lclod Ccali,gs Low Bid Amounl (SI 1389,000 s1eo.ooo 134,200 Bastd on this evaluation. CDM recoa\11\C nds lhal ellher Award No. IA or 18 be awardl-d as appropriate bllsed oi, linol funding, n11d that Awnrd 1\/o. 2 be nwarded il5 described above lo complete the \'orlous asr,ecls ol lh<• above referenc?d r rn;«t as lncluJed. Pk•ase c,tll if i•ou have any questions. Sincerely, ~ ~ ll(~ Brian R. McKee. P.E. Camp Dresser & McKe<> Inc. cc: rr~«l Fik" John Rehring • • • WATER AND SEWER BOARD PRONE VOTE December 17, 2008 The Englewood Water and Sewer Board receiv -d the minutes of the December 9, 2008 Water and Sewer Board meeting. Mr. Cassidy moved: Mr. Habenicht seconded: Ayes: Members not reached: Nays: Abstain: Motion carried. To recommend approval oflhe December 9, 2008 Water and Sewer Board minutes. Wiggins, Habenicht, B.ms, Oakley, Cassidy, Woodward Higday None Moore, Clark The next meeting wiU be held October 14, 2008 al 5:00 p.m. Respectfully submiued, ~ ~11J'C, Cathy Burrage Recording Secretary • • • WATER AND SEWER BOARD MINUTES December 9, 2008 The meeting was called to order at 5:04 p.m. Members present : Member.; absent: Also present : Bums, Higday, Cassidy, Wiggins, Woodward, Oakley, Habenicht Moore, Clark Stewart Fonda, Director of Uti lities I. MINUTES OF THE NOVEMBER 12, 2008 MEETING. The Englewood Water and Sewer Boarcl received a copy of the minutes of the No"embcr 12, 200g meeting. Mr. Habenicht mo"cd; Mr. Wiggins seconded; Ayes: Nays: Members absent : Motion passed . To approve the minutes of the November 12, 2008 Water and Sewer Board meeting. Bums, Higday, Cassidy, Wiggins, Woodward, Oakley. Habenicht None Moore, Clark 2. BID FOR TM'K REPAIRS FOR ZU).11 AND SHERMAN TA.'>:KS AND PAINTING THE McLELLAN RESERVOIR LIJ\c. During scheduled tank inspections on the Zuni a!ld Shennan tanks, it was discovered that painting and repairs were necesslll)'. The Shem1an tank is a 200,000 galloo tank that was put on-line in 1982 and serves the southeast ponioo of Englewood. The Zuni tank is a 500,000 gallon tank consb'Ucted in 1960 that services the nonhwest part of Englewood, As pan of the tank rr.habilitation project, the interior and 30% of the exterior of the Zuni tank will be sandblasted, corrosion spots welded and repaired and the interior painted. The outside of the Sherman tank will be saodblasted, primed and painted. Photocells and light bulbs will be replaced on both tanks. These preventive measures will deter corrosion and extend the life of the tanks The Mcu:llan pipeline tunnel is a 30" steel pipeline in a sealed concrcte tunnel that provides the pump line in and drain line out for the Mcu:llan Reservoir. The runnel is located under the ,eservoir dam. During the inspection, lead primer paint was discovered. The lead primer paint will ha~e to be removed and properly disposed of according to hazard.>us materials regulations. This quote adrlresses the removal, di sposal and recoating of the 30" steel pipe that is approximately 300 lineal feet long. Also, three concrete jointt will be repaired to prevent ground water from entering the tunnel and dripping on the pipe. A bid opening was held on December 2, 2008. Camp Dresser & McKee F.ngincers recommended TM! Coating$, Inc as the recommended low bidder for the Zuni tank interior with 30% exterior paint and the Sherman tank full exterior paint in the amount of S389,000. Thomas Industrial Coatings is the recommended low bidder for the Mcu:llan pipeline full paint and crock repair with lead based paint removal in the amount of $34,200. Total cost for both projects is S423,000. Mr. Higday moved; Mr. Habenicht seconded; To recommend Council approval of the bids for the elevated 1anks and pipe rehab;litolion projects. TMI Coatings is 1hc rccorr.mended low bidder for the Zuni tank interior with 30¾ exterior paint and the Sherman tank full exterior paint for S389,000. Thomas Industrial Coatings is the recommended low bidder for the Mclellan pipeline full paint and crack repair with lead based paint remo\'al for S34,200. • • • • • Ayes: Nays: Members absent: Motion passed . Bums, Higday, Cassidy, Wiggins, Woodward , Oakley, Habenicht None Moore, Clark 3. TllANSFER OF WATER SERVICE FOR 4t01 S. SANTA FE DR. AND 1850 W. UNION A VE . Denver Water Department has requested Englewood's approval to transfer 1wo water services from Denver Water 10 !he Ciiy of Englewood. The addresses are 4601 S. Santa Fe Blvd. and 1850 W. Union Ave. The services are currently served by a privately owned 3-inch water main in W. Union Ave. that is owned and maintained by five customers rece iving service from !he waler main. The main is 70 years old and io poor condition . Three of 1he customers arc transfering to a new water main leaving !he remai ning 1wo, which are close to the existing Englewood main. Denver is proposing lo transfer these two services 10 Englewood's system rather lhan leave !hem on Denver's old 3" main . This transfer would be in agreement with !he 200 1 Ordinance #59 authorizing transfers of waler service between Denver Water Board and lhe City of Englewood. Mr. Bums moved; Mr. Higday seconded; Ayes Nnys: Members absent: To approve the iransfer of 1wo water services from Denver Water to !he Englewood water system for 1 ~50 W. Union Ave. and 4601 S. Santa Fe Blvd. Burns, Higday, Cassidy, Wiggins, Woodward, Oakley, Habenicht None Moo~.Clark • Motion passed . 4. GRANT APPLICATION ASS ISTANCE WITH BOYLE ENGINEERING . Mr. Steve Price of Boyle Engineering, submitted a scope of work to assist the City of Englewood prepare a gnnt application for the United State Bureau of Reclamation Program for funds for projects on the City Ditch. The consulting fee from Boyle Engineering is SS,994. The application for grant funds to the Bureau of Reclamation is due January 19, 2008. Mr. Haber;:ht moved; Mr. Bum~ seconded: Ayes : Nays: Members absent: Motion passed. 5. MARTIN & WOOD CONSENT. To direct the Utilities Department to retain Boyle Engineering to prepare a grant application for the United States Bureau of Reclamation Program for City Ditch projects. Burn~, Higday, Cassidy, Wiggins, Woodward, Oakley, Habenicht None Moore, Clark The Board received a letter from Joe Tom Wood r.P,1anir ar,d Wood requesting the Board's consent to represent an individual owning pr~perty north ofGlenmoor CounL,y Club along Greenwood Gulch. The owner is constr.; . tmg a pond that will use 12-acre feet per year. Martin and Wood will be making an inquiring to the Cherry Hills Country Club on behalf of the owner to purchase water for use of his property. Mr. Habenicht moved; Mr. Bums seconded: To grant conscn: for Martin & Wood to work with an individual to acquire water 1.1pstrea.m from Englewood's point of diversion. • • • • • • Ayes: Kays: Membm absent: Motion passed. Bums, Higday, Cassidy. Wiggins, Woodward, Oakley, Habenicht None Moore, Clari: The next Englewood Water and Sewer Board will be held Tuesday, January 13, 2009 at S:00 p.m. at the Community Development Conference Room. Respectfully submitted, G.:tt.., fit,~ Cathy suriae Recording Secretary • • • CO UNCI L COMMUNI CATI ON Dat e: January 5, 2009 Initiated By: I Agenda Item: 11 ell Department of Parks and Recreation I Subject: Globe Repla cement for Broadway Accen t lights I Staff Source: Dave lee, Manager of Open Space COUNCIL GOAL AND PREVIOUS COUN CIL ACTION Resolution Number 77, Series of 2008: City Council approved a supplemental appropriation In the amount of S69.000 for lighring Improvements (globes). electrical and concrete repairs, and holiday decorations. RECOMMENDED ACTION Staff recommends that Council awasd, by moti\ln, the purchase of 500 aluminum neck white acrylic globes from Mountain States lighting, the lowest technically acceptable blddtr. The bid amoum is for $35,795 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIF IED City Council has discussed the use of the landscape and Fine Art Funds at several different work sessions. From these discussions, Council reque~ted that the funds be appropriate..! cm the following projecu: globe replacemen~ Br~d\, ay electrical repairs, and holiday decorations. I request for bid for the purchase of the globes was sent out and six vendors responded with sent quotes. Only two bidders met the bid requlremmts for an aluminum neck at the base of the globe (Facility Solutions and Mountain States). The ah,mlnum neck allows for greater durability and stability for the set screws to 111ach to and holJ the globe in place. Two other vendors listed no exceptions. However, upon contacting then ,, they were only providing a plastic neck on their globes. FINANCIAL IMPACT Funds for the globe replacement 1re available in the Public lrnprovement Fund. LIST OF ATTACHMENTS Bia tabulation Sheet • City of Englewood B i d Tabula tio n S heet Bid Open in g : October 21, 2001 10 :00 a .m . ITEM: IFB4>1 -134 Str.et Light Globe• Bkl Price ContnctM Pric.Eacl, lor500 Vou Uahtlna II0.4C 25,200.00 4541 S -ClrlJnlt 100 c.ttennlM. CO M'111-fMU .-a-,.,,..(303) ZQ.55IU ~--~~ eon-A--,,._..,, 11,11£00 12DVMt.1n$t 0on .... co ,o-.,m --(IIOO}~ ,-abOcawtphti,ca com .,_.,_,Sol_ Gn>uo 11.IIO 35.750~00 tnV.,,_,.,St Owrvw. CO ,0~7 0,,,., Amokl • (120I 220-14 14 HOSu-y 52.34 M ,110.00 10J11 WHailnindianAwSN.4-100 ,.___,,_ CO 80227-4.JU ~-•(303),u.noo ' --·-n .a,, U,125..00 .. ISO Nome SI -. co ,02:JS,ZT29 IIMD kvln • ("'3) 31U1•2 on 235 ~ lilourtUJln Sc.tu Llallttna 10.50 35,916.00 f'OS0,,4411 Conlfw',CO ~ _,,_..,,,..(>OJ}-- FNlalrt lndudN - 4."1 2,100.00 lm:Judod -- lnclud«I • • n_,,.. R-,it of of --T-IBld um#'! urn "2 &cept;onr. 26,200.00 y y c om.,..ny llc!9d r.o u~U-but lhel no aluminum necb • a,,.200.00 1 1,12S.OO y y Bkl i. fo, blade """'cart>ona .. ..ck wl1tl aamnle to be deffvered • 11,11£00 35,150.00 y y None • 3'1,0II0.00 i.,1 10.00 y y - • H,1To.OO 1~.,zs.00 y y None · Vendors..-one"""" of the -1. She did not-where .. ..........,,.3~ lhave made 2 cOl)IH lor rour conYenlence. -Alie"' 35.TM.OO y y None • Js.,,S.,,O • COUNCIL COMMUN ICATION fte: Agenda Item: Subjed: January 5, 2009 11 clil Approval of Purchase of Replacemen1 Dump Truck Initiated By. I Staff Source: Department of Publtc WOl'ks Rick Kahm, Director COUNCIL COAL ANO PREVIOUS COUNCIL ACTION Oty Council approved the purchase of a replacemenl dump truck In th e 2009 Capital Equ ipment Replacemenl Fund (CERF). RECOMME NDED ACTIO N Approve, by motion, the purchase of an M2 106V Conventional Chassis dump truck from Transwes t Trucks In the total amount of $106,646. • BACKGROUND, ANALYSIS, AN D ALTrRNATIVES IDENTIFIED • The dump truck to be replaced, Unit No. 32 48, meets the mileage and years of service cri teria IOI' replacemen~ and k included in the 2009 CERF. This piece of equi pment is req t1lred to perform frequent roadway rel ated repairs and maintenance tasks. The new vehicle "ill indude a stainless steel bed and plow. FI NANCIAL IM PACT Piggybacking on the Rifle, Colo rado award contrac~ 1he total purchase price of $106,646 ls a belier price than what we would be able to get through our own individual bidding process. LIST OF ATTAC HMENTS Summary Specification Sheet Transwesl Q uotation • • • SE:RV ICENTE R GARAGE SUMMARY SPECIFICATION SIIEFT FOR NE\\' VEHCICLES STATE AWARD# _________________ _ ENGLEWOOD BID# __ Pui£1&&uv_.b..,ac..,k_ga.,,_w.!!lar.,._d -"fro..,m=Jh!li.e_,.Cc!.!.i1yz.:o,,..f_.R"'in"'e,_. C"'o"'-.---- MA NU F ACTURER OF VEI IICLE ...,F~re"'i..,gh=lle.,.in ... cr.._ ________ _ MODEL OF VEHIC LE ___ J;M'-"2,_I'-"0""6V.,__,.C,,,on,_,v.,.,cnae1j,,,_on..,a.,_l "'-Ch,...ass....,jsL_ ___ _ AIR CONDITIONING AUTOMATIC TRANSMISSION POWER WINDOWS POWER DOOR LOCKS 4 WHEEL DRIVE FLEX FUEL OPTION CERF REPLACEMENT NEW ADDITION TO FLEET YES YES YES YES YES YES YES YES NO NO NO NO NO NO NO NO DE PARTMENT VEHICLE ASSIGNED TO _ _,S,..1ree=Js...,D.,,i.!Jvj"'sj,,,on..__ ___ _ COMMENTS: This purchase replaces 1hc curren1 unit 3248. a 2000 GMC dump ~ Thjs uni1 has met the replacement crjJcrja o(boJh vc;nrs of scrvjce nnd mileage • Pn,-lor: Mltit Moore Stall al C-and PolUcal Sub<IMtons '4201 E Arhnot o.w.,coeo222 Ph0/11. 303-757•9796 QUOTATION Prtp1mfby. K""'WriQ'J lRANSWEST TRUCKS 7626 BRIGHTON RO. COMMERCE CITY, CO 80022 PN>no. 30►3')1-me ~2 1D!'!,ic~"lc~~:.~1.;, ; .n,,;,.~vw,m •~7~~'?~:z::.:n SET BACK AXLE -TRUCK Af.14,7,3 14,700il FF1 71.8 KPl/3,74 DROP SINGLE CUM ISC-2115 285 HP O 2000 RPM. 2200 GOV, 800 Ul,IFT FRONT AXLE 0 1300 Rl'M 14,GOO# TN'ERLEAF FROHT SUSPENSION AU.ISDN 3500ROSAUTOIMTIC TRANSMISSIONWITM 106" BBC A.AT ROOF ALUMINUM CONVENTIONAi. CAB PTO PROVISION 3"0MM (l~WHEEI..BASE RS-23-180 23,0IIOII R·SERIES SINGI.E REAR AXLE 11/32"JCl.'12"X1o-3/1F STEEL FRAME 23,ooc» RAT LEAF SPRING R£AR SUSPENSION WITM (8, 73MMX218.BMMl.:14'1'XI0.1;') 1:ioKSI HElPER ANO RADIUS ROO 1800MM 19T) REAR FRAME OVERHANG llallCl.EPRICE EXTENDED WARIWITY KOIS BROTHERS 800Y CUSTOMER ffiCE 8EFOIU! TAX TOTAi.i OF UN!n (I) s $ PER UNIT 87,3911 $ 0 $ 39,428 10,,111 FlcDERAL EXCISE TAX (FET) TAXES ANO Fe:ES (178.0) $ OTliER CHAAGES TIIADE-111 ALLOWANCE IIALANCEOUE (LOCAL CURIW«:Y) COMMENTS: Projedod dekry on_/_ I __ provided Iha order Is received before_/_/_. APPROVAL: Plea .. lodlcate y<>ur occeptance olthls ~lion by llgnlng below. ~x~ ____________ oate: ___ . ...,,.._Vtfllon8.&.e13 D111 Ver1'on PRL•72E 004 Engl■-dCl!yol $ TOTAL ~--0 39,426 roe,m (178,0) 11112/2008 e.o, AM • Poge 13 al 13 • COUNCIL COMMUNICATION Da te: Agenda Item: Subject: )Jnuary 5, ~009 11 C iv Approval ol Purcha1e of Replacemeni Street Sweeper Initiated By: Staff Source: Department of Public Works Rick Kahm, Director COUNCIL GOAL ANO PR EVIOUS COUNCIL ACTION City Council approved the purchase o( a replacemen t street sweeper in the 2009 Capital Equi pme nt Replacement Fund (CERF). RECOMM ENDED ACTI ON Approve, by modon, the purchase of a 2009 Elgin Pelican NP Street Sweeper from Faris Machinery Company In the total amount of S 146,74 7. • BACKGROUND, ANA LYSIS, AND ALTER NATIVES IDENTIFIED • The street sweeper to be replaced, Unit No. 3300, meets the mileage and years of service criteria for replacemenL and Is Included in the 2009 CERF. The lowest bidder, Faris Machinery Company, meets all of the minimum requirements. This piece of equipment is requirer to perform roadway cleanup and malnt~nance tasks. FINANCIAL IM PACT The total cost of die street S\\ eeper comes to S 146,747. Piggybacking on the City of Colorado Springs award contrac~ we were able to ac-quire this piece of equipment at a bette r pilce than what we would be able to get through our own indivi dual bidding process. LI ST O F ,&.TTACHMENTS Summary Speclfica t,on Shee t Proposal from Faris Machinery Company • • • SERV ICENTER GARAGE SUMMARY SPECIFICATION SHEET FOR NEW VEHCICLES A WARD# CilY of Colorado Springs Street Sweeper Alliance Contmc\ R00507 l ENGLEWOOD BID# _______________ _ MANUFACTURER OF VEHICLE El in MODEL OF VEHICLE Pelican NP AI R CON DITI ONING YES NO AUTOMATIC TRANSMISSION YES NO POWER WINDOWS YES NO POWER DOOR LOCKS YES NO 4 WHEELDRJVE YES NO FLEX FUEL OPTION YES NO CERF REPLACEMENT YES NO NEW ADDITION TO FLEET YES NO DEPARTMENT VEHICLE ASSIGNED TO Streets Di vision. 'l2 l 003 COMMENTS : Nonna! CERF replacement for current Uni•. 3300 a 2004 Elgin Pelican s1ree\ sweeper. Current unit has met both hours of use and years of service requircmem for replacement • • Fari .,. Machinery Compan ... • Con,iructi<,n F.q ■lpmul & 1ppliu )IIU CM ,naA,-c. c-c• ,0010022 lctq,ac W.21'1•5 •J Dcccmb.!r 17 , 2008 Mr . PuWh11c City o( Englewood 2800 S. Pl~nc River Drive Englewood, CO IIOI IU Dear Pot: n:v.-qa-, Onod J--. 00 IISOS Triqllloa< 910-242-4'197 Wtb1"-: -.lariamachlnery.com Proposal ;::v,c..-,..1D1~• c-Spn■ts. co -T~ 719-5»,1016 We ore plcHcd 10 qu01c prices on 1hc foUowing Elgm equipmcnl based on the trC<l weeper .'\Uionec, conll'1lGI R00507 I wi!h the Cty of Colorado Springs : One • Pdican NP Street ·,.-«per With dual ,idc brooms, and John Deere diesel cnginr. "~t.t"a,eiJ o.,uu,,~ Bostrom Scat RJ I idc Air Conchuonu T""u Sc.u or l<q, Paru Books S.,rvice ll.ioks Two LLD .c•obe lash« AM/FM lladso w/CD Lowtr Convqror Roller Flush Bostrom Scat LH ,de root Box w/B• ke1 rncc 1·00 rnglewood, CO·-·····-····-··-·--· 1146,747 .00 Prices arc firm unuJ December 29, 2008. Mier December 29th• 2% price incrrasc will opply to rhc above price . Pago I of2 • COUNC IL COMMUNICATION Dale: Agenda Item: Subject: January 5, 2009 11 CV Approval of Purchase of Replacemenl Buckel Truck ln iliated Br, Staff Source: Depar1men1 of Pubhc Works Rick Kahm, Director COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION City Council approved the purchase of a replacemenl buckel truck in the 2009 Capital Equlpmenl Replacement Fund (CERF), RECOMMENDED ACTION Approve, by motlo11, th e purchase of a 2009 30-foot bucke1 truck from Transwest GMC Trucks In the total amount o/ $73,068. • BACKGROUN D, ANALYSIS, ANO ALnRNATIVES IDENTIFIED • The bucket !ruck to be replaced, Unit No. 3050, meets the mileage and years of service criteria for replacemen~ and Is included In lhe 2009 CERF. The lowest bidder, Transwesl GMC Tr ucks, meets all of the minimum requirements. This piece of equipment is required to perform frequent roadway related repairs and maintenance tasks , This vehicle will include an insulated option. FINANCIAL IMPACT The City received four bids; Tr.nswest GMC Trucks provided the low bid of $69,193. The 1otal bid cost of $73,068 Includes $3,875 for the insula1ed option. UST OF ATTACHMENTS Bid Tabula1lon Sheer Summary Specification Sheer lnsula1ed Op1lon Spec. Sheet City o f En!wood Bid Tabulation Sheet Bid Opening: 12/09/08 10:00 a.m . ITEM: IFB-08-140 3 0ft Bucket Truck Vendor Qty 30 It Bucket Truck ,..,tee Inausmes i nc. :.!Ul Allee unve 1 $ ff,tilS.uu 1::nzaoemtown. "r 'l.:tul-4501 l", u) JtiU-uouu c nerv1.Kae11nraJa11ec.com 1 ranswest u MLl I r ucKs 11911 t 91:ilh Ave 1 :z, t>ll,1::,.>.UU IHenaerson, ... u ouo .. u-o;,,:::, I ,:uJ J:l:l·l:lUJ nmonr7«mranswest.com tsurt 1,;nevroIet -<.;ommercial I ruck! 1:uuu s Broaoway 1 $ t>ll,L0ll.UU IEnglewooa. GU tlUllJ \ I LU I ,:o.,·:>L:>ll Kois Bro thers Equipment Co. I0LUU Ll0torado t:SIV0 , $ (J,o.>.J.UU Commerce Citv, CO 80022 303) 298-7370 ekoism>K 0Isorothers.com 1 • l • • Parts Manual Operato r (2) Manual (2) Total Bid Exceptions: :see 1-'roposal uocuments $ / / ,IJlll.00 1:see l-'roposaI uocumenls $ o::,,lllJ,u u None L Istec:1 $ IJll ,289.00 See Proposal Documents $ IJ,t,:,:,.00 $ - $ - $ - C 'Documents and Settings\P'Wtnte\LOCIJI Setttngsffemponuy lnterMt Files\Ol.JU38\IFB-o8•140 30 fl Buc:htTn.,ClltaD •ti. - • • • s rnVICENn :n GA RAG E SU~l~IARY SPl'CIFIC1\TIO'l SHEET FOR NEW VEIIC ICLES STA1t AWARD # _________________ _ ENGLEWOOD lllD# ___ ..,_!F=B-0-=-8-.._)4..,.0 _________ _ MANUFACTURER OF VEHICLE _ __.."""''------------ MODEL OF VEHICLE TC 4500 with Versalifl 29 0 Telescopic Aerial Buckel AIR CONDITIONING YES NO AUTOMATIC TRANSMISSION YES NO POWER WINDOWS YES NO POWER DOOR LOCKS YES NO 4 WHEEL DRIVE YES NO FLEX FUEL OPTION YES NO CERF REPLACEMENT YES NO NEW ADDITION TO FLEET YES NO DEPARTMENT VEI IICLE ASSIGNED TO Imffic DivisiQD, 021004 COMMENTS: Replaces current uuil 3050. ~ 1999 GMC 3500 bucket truck . The curren\ unit has mcf both the mi!eagc and years of service requirement for replacement . • City Of Englewood Invitation To Bid# IFP-08-140 • • 30-Foot Aerial Device Section I General Specification CONTROLS-On a non-insulated unit {per spec's) our controls are seJf. centering weather resistant toggle switches. Our insulated unit has single handle controller, but you cannot have a 11 Q. volt electric circuit in an insulated boom. INSULATED OPTION••··-------ADD$ 3875.00 Section 2 Unit And Hydraulic Accessories Power distribution module-All items associated wi th aerial are in a custom box installed behind drivers seat rear wall . Section 3 Body Paint of aerial and service body is urethane Kerry Bush From: Kerry Bush Sr :: Tuesday , January 06 , 2009 9 28 AM To: Karen Main Subject: RE ELI members No problem . Thanks for the help. Kerry Kerry l u•h, CM C Oeputy City Cl.,k The City of Englewood 1000 ffttf•wood Partcw•y fn9lewood, Co aouo J0J•7U•2405 , .. , 303·713-6896 kbuehOenglewoodgoiit.oro office hours: M,W,f 7 •.t, T, Th 7•3 From: Karen Main Sent: Tuesday, January 06, 2009 9:27 AM To: Kerry Bush SUbje(tl RE: Ell members Page I of'.! HI Kerry -Tammy Wolle was not there as part of ELI, allhough she Is a member of the sleenng committee . There was also Pretreatment Speclahst Stephanie Gieck, WWTP and Supervisor Jerry Barton. Pa rks and Training Officer John Weigel , Fire Dept. I think that was ,t. Next ume t win try lo remember to wnte lhese down for you so you don't have to do the world Thank you for the recognition , . Karen From: Kerry Bush Sent: Monday, January OS, 2009 9:09 PM To : Karen Main subject: ELI members Karen, I am not certain I noted everyone from ELI who attended tonight's meeting. Kerry Bush From: Dave Lee Sent: Tuesday , Januaiy 06, 2009 7 50 AM To: Keny Bush Subject: RE· OuesUon for you Paru SupeMsor From: Kerry Bush Sent: Tuesday, January 06, 2009 7:49 AM To: Dave lee Subjed: RE: Quest1on for yoo Thank you very much. Is his title Parks Supervisor or Horticulture Specialist? Kerry lu1h, CMC Ooputy City Clork The City o f !nglawood 1000 ln9kwood hrll-y l nol.....,ood, Co 10110 J0J-762-2105 , .. , 303-713-6896 tdtu1hOtn1lewoodgov,org office houraI M,W ,F 7•4, T, Th 7~3 From: Dave Lee Sent: Tuesday, January 06, 2009 7:08 AM To: Kerry Bush Subject: Rf: Question for you Yes, lhal was Jerry Barton, our new Parlls SupeMsor From: Kerry Bush Sent: Tuesday, January 06, 2009 7:06 AM To: Dave Lee Subject: Question fDf yoo Page I or2