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Home My WebLink About2008-01-22 (Regular) Meeting Agenda PacketCall to order. 2. Invocation. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Tuesday, January 22, 2008 7 :30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood , CO 80110 3. Pledge of Allegiance . 4, Roll Call . 5. Consideration of Minutes of Previous Session. a. Minutes from the Regular City Council meeting of January 7. 2008. 6. Recognition of Scheduled Public Comment. (Please Hmit your presentation to ten minutes.) a. Aid to Other Agencies recipients will be present to accept t~,e City's financial contributions for 2008. 7. Recognition of Unscheduled Public Comment (Please limit your presentation to five minutes. Time fOf unscheduled public comment may be limited to 45 minutes and n hmrted shall be continued to General Discussion.) 8 Communications, Proclamations. and Appointments . a Letter from Robert Zuccaro announcing his resignation from the Code Enforcement Advisory Committee. 9 Consent Agenda ltc,:ns. a. Approval of Ordinances on First Rea ding . Please note· If you have a disabihly and need aux,naiy aids°' services, please notify the City or Englewood (303,762-2407 at least 48 hours ,n advanoe of when services are needed Thank u. E nglewood (;1ty Cou ncil Agenda January 22 . 2008 Page 2 b Approval of Ordinances on Second Reading 1. Counctl Bill No. 1. authorizing the approval of a Waiver of Direct Subgranl Awards for the Colorado Division of Crim inal Justice Juvenile Accountabll1ty Incentive Block Grant Program. Council Bill No. 2, authorizing amendment of Trtle 7. Chapter SA. Subsect10n 4 of the Englewood Municipal Code 2000 pertaining lo Harassment to bring the City's ordinance an line with State Statutes. c. Resolutions and Motions. Recommendation from the Utilities Department to approve, by Motion, the purchase of one, new four-yard tandem dump truck. Staff recommends awarding the contract lo the lowest acceptable bidder , Transwest Trucks, Inc .• in the amount of $77,000. STAFF SOURCE: Stewart H. Fonda , Director of Utilities. 10. Public Hearing Items (None scheduled ) 11 Ordinances, Resolutions and Motions, a, Approval of Ordinances on First Reading, Council II No. 4 -Recommendation from the Water and Sewer Board ano the Utilities Department to adopt a Bill for an Ordinance approving the Agreement between South Arapahoe Santtation District , Southgate Sanitation District, South Englewood Sanitation District, and the City or Englewood for reimbursement of overcharged sanitation fees to property owners. STAFF SOURCE : Stewart H. Fonda, Director of Utilities. II. Council Bill No . 5 -Recommendation from the Water and Sewer Board and the Utiltties Department to adopt a Bill for an Ordinance approving an Intergovernmental Agreerrent enlttled Colorado's Water/V\/astewater Agency Response Network (CoWARN) Mutual Aid and Assistance Agreement between Municipal Ulllrties Departments to help Member Ut1htles Departm ents during emergencies. STAFF SOURCE : Stewart H. Fonda, Director of Utilities. b. Approval of Ordinances on Second Read ing . I. Council Bill No. 3, amending Trtle 1, Chapter 6 of the Englewood Municipal Code dissolving the Department or Safety Services and re-establishing separate Police and Fire Departments for the City or Englewood. Please note· If you have a dlsablhly and need aux iliary aids or services. please notify the C"y of Englewood 303-762-2407) at least 48 hours III advance of when sennces are needed Thank ·engleWOOd Crty Council Agenda January 22. 2008 Page 3 c Resolutions and Motions I. Recommendation from the Water and Sewer Board and the Utilities Department lo adopt a Resolution authorizing an amendment to the Agreement for the lease or three carbon filters for the Allen Waler Treatment Plant. STAFF SOURCE: Stewart H. Fonda, Direc tor of Utllltles. Recommendation from the Public WO/ks Department to approve a Resolution accepting easements for the Big Ory Creek Bicycle and Pedestrian Trail located between Lehow Avenue and Broadway. STAFF SOURCE: Rick Kahm , Director of Public Works. Iii. Recommendation from the Public Works Department to approve a Resolution accepting the dedication of three parcels of land located between Broadway and Cherokee for City of Englewood Public Right-of-Way purposes from the Englewood Urban Renewal Aut'lority. STAFF SOURCE: Rick Ka hm, Director of Public Works. 12. General Discussion . a. Mayor's Chcice . b. Council Members' Choice. Recommendation from the Community Development Department to approve a Resolution wa iving the Building Permit fees and the fee in lieu of Park Land Dedication for the Habitat for Humanity project at 2310 West Harvard Avenue . The estimated value of the fees being waived will be $8,700. ii. Approval of travel expenses to the National League of Cities Conference, March 8-1 2, 2008, in Washington , O.C. 13 City Ma nager's Report a. Financial Report 14. City Attorney's Report. · s. Adjournmenl Please note. If you have a disability and need auxfflary aids 01 s..rvices, please notify the Coty of Englewood 303-762-2407) at 1,asl 48 hours in adVance of when services are needed Thank PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT January 22, 2008 PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES PLEASE PRINT • Ca ll to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD , ARAPAHOE COUNTY , COLORADO Reg ular Sess ion January 7, 2008 The regular meelJng of Ille Englewood Crly Council was called 10 order by Mayot WOOdward ol 7 42 pm 2 Invocation The lnvocalion was g,ven by Council Member Mccaslin. 3 Pledge ol Allqglance The Pledge of Allegiance was led by Council Member Mccas li n. 4 . Roll Call Present : Ab senl: Council Members Jefferson , Moore, Penn , Oakley, McC ~slln , Wilson, Woodward None • A quorum was presenl • Also presenl ' Crly Manager Sears City Altorney Brotzman Deputy C11y Manager Flaherty Ctly Cletk Elhs Deputy C11y Clerk Bush DJeclor Gryglewlcz , Finance and Admin,slrahve Se1"1ce s Polrce lnlerim Drrector Van dermee, Salety SeMces Frre lnlerm Director Pattarozzl, Safely Sennces Polloe Commander Watson, Safety SeMces Training Services Chrel Sto val, Safely Services Fwe Battalion Chief Ertle , Safety Services D.-oclor Wh il e, Comll'unily Developm ent Engineering Technician I Dye. Publrc Works 5 Consideration of Minutes ol Previous Sess ion (a) COUNCIL MEMBER WILS "I MOVED , AND IT WAS SECONDED , TO APPROVE THE MINUTES OF THE REGULAR CITY COUNC IL MEETING OF DECEMBER 17, 2007. Mayor Woodward asked 11 lhero were any changes err modification s There were none Vote results : Mahon carried . Ayes : Nays . Ab stain: Council Mem bers Penn, McCashn, Woodward. Je ff erson, Wilson , 0 kloy None Counc11 11 ember Moore 6 Recognlllon ol Schodulad Public Cummont Englewood City Council January 7, 2008 Page 2 (a) Tom Ashbum. Xcel Enetgy reprcse111alM1, said !hanks f0t the opportunity to come and 1>,,el11· 9ave you a quack update on Xcel Energy I fake to eotr,e by ever / couple of ,-eAIS 30d say ha, and congr, alate the new Council people, Just 1n1rC'duce myself, and I have o couple of • ung• fd hi, ,o discuss very bnolly I am the area manager of Communrty and Local Governmental Affairs In tr.at •~1q, I •n •cspons,ble lo• all ol the lranch,se lssuos, resolving all of lh~ issues an,, reprcscnt inu Xcel Energy I .,~ C,ly an d lo all ~, our customers within Englewood I am also the representative 1n ecooomlC developme,,1. . ,olved with the Soutll Metro Chamber Economac Development Grour and the Englewooo Chamber of .::1mmw ., and the Southeast Business Pattnersh,p. So anytime there 1s an 1SM1e walh X<.et, or any questic ns 1ha1 yau may have, I'm yot.r go- to person and WIii attempt to resolve the issues when I can I want to Just br:911) • k a hide 011 aoout Xcel Energy end kind of what's go,ng on And for some of you, you may not be a1,a,e we are a maJot US ctectrac and natural gas company. We are pretty large. We have about ten b,thon d, ·1ars n\ annual revenue We're based in Mlnnea,>ot1s, Minnesota. Wd operate rn eight western and m1d-we51ern st~les and provad~ a lot or energy related products and servlc~s to obout 3.3 n11lllon oloctric customers ond about 1 .8 rr,1llion natu ral gas customers We have a very big presence an Colotado Pubhc Service Company of Colmado does business and 1s a wholly owned subsidiary of Xcel Energy We are engaged 1n the generallon. fhe purchase tho transmission, dlstnbution and safe of electnaty and we are also 1n the business of purchasing, transpol1ing and daslri>ut1ng natural g9s We own and operate a steam system, actually a chilled water system, 1n downtown Denver . We have about 1 3 mdhon electnc customers, about I 26 mi1ion natural gas rustomers-: Co'.lfado and about 3800 employees, about 3 8 billion dollars In revenue and we are regulaled, highly regulated, by lhe Colorado Public Util ities Commission , One or our key object ives is to meet our custor,,ers' needs ror re li able energy and reliable eleclricil y, keep the prices reasonable and reduce envirnnmon lal im pacts , One of our co1t, values al Xcel Energy 1s environmental leadership. Wo ere very proud of our efforts to sustain and prolect Colorado's natural resources. In 2007, the company achieved mult,pfe environmental milestones In tho Slate of Colotado We added 775 megawalls of wind generatton to our p;>rtfolio, through purchase power con~acts We • began purchasng about 8 megawalls or SOiar power from a plant down In Alamosa, wtloch ,s one of tho largest • cen~al station solar power plants In the United Slates We have added about 1000 new ctectnc customers that have taken advantage or our solar rewards program . We have rebated about 19 5 million dollars In rebates pdid ou t lo our customers that are a part of our solar program. Our 1000" nne, actuall y, was In unincorporated Arapahoe Cou nly, Just before Oecember ... mailing address is Englewood. We also are purchDslng aboul 3 'llegawalls of power from a landfill methane power plant. We are now testing hybrid electrical veh!Qes as a demonstration project, to see ff we can gel them on the grid, so that you power them up al mghl, whon p()Wf'r as cheaper, and run them dunng the day t thought I woold just bneny talk d t11he bal about Englewood stahslrcs lo give you some perspect,ve We have about 17.200 eleclne .:ustome,s., the City or Englewood and about t 2,800 gas customers We collect a franchise ree of about 1 2 mllhon dollars amiually and sales tax wo collect about 1.3 million dollars annually. My goal Is to wor k wrth lhe City of Englewood I am your haison and I Jm here to do anything I can do to solve ony of your problems. I know I have work\ld wllh staff on a number or issues over the years. The City Manager doesn't hesilato to call me any time you need something So , I am always here to do that. My goal Is to maintain the relallonshlp that we have with lhe Cit y on-going. Thal 1s really all of my •'lftlatks If you have any quest.ons, I wall try to answer them . I am not sure what your protocol as, but t have a packet of nfotmataon, lot each one of you, lhai deals with everything from when the oower goes off, to how to call 1n when a street light is out There Is a way to call them 1n that r1 easier than to hnve staff call ,Mand work through that process. I've got some infotmo1,on on that t have some lnform~llon on how to save ener\ly , energy conservation programs .. things that you con do al your house and any of your consti tuents can do lo .:ave enorgy. So. I've got theso l hat I would 1usl Ilka to give to the Clerk who ca11 pass thorn oul And v.llh that, tha~ks for lhe opportunity and Ir there Is anytl ,;ng I con do, don't hes1talo lo got In t ouch with me Mayor Woodward said lll3nk you Tom Counal Member McCasl1n said I would hke to say I have mot Tom personally, Ho hos really helped mo out w,th a couple of issues and also he Is very visible In the community, with the CML Conferences and so fotlh I appreciate him when he cou ld probably be sitting behind a desk, but you are re~lly out there with tho • community And ,I people don'I know that, all they ~nvc to do Is cr:1 you and you arc very receptive. I appreciate It as a consumer . lhat kind or response from a busmess li ke Xcol I appreciate II Thank you so much • • • Englewood City Council January 7, 200 8 Page 3 Mayor Woodward ~atd I would o:ke 10 second 1h31 In fact , I had 1us1 passed on a card ro Tom ton,ght, where a cuslomer was rry,ng 10 gel In louch w1lh Xcel and I sard Tom would be lhe guy for our area, so lh:lllk \'OU f0< com,ng 1onrghl Mr Ashburn said lharik you aga,n and 101 mo know rf there Is anyth,ng I can do to help. (b) Lynne Brown said I am lho O,roclor 1.:>r 1-1dmin1strat10n for Hab11al for Humanrly, I reside ,n Denver. Thank you so mudr for the opportunity lo a/Jdress you this evening Bef0<e I get slarted w,1~ my remarks, I wanted to tell you how much I appreciate Crty Hall be,ng o, lhe lluhl rail line Our office a, Hab,1at rs also on Iha hghl rai hne and g,ven lhe weather and what ,ot, I thought, ii •• going to be a lot easlOf 10 rake ll!lht '114 down here than dnve . so rt was a ve,y, very easy trip down. I reaily apprecllllO :hi, whole CMC Center, how everythmg looks and how easy It IS to access She said t th;nk that yo•J all have packets a, part of your p,eparation fO< thls evening's meelmg, so I am not going lo go over alf of the ,nfoonat,on that IS 111 there. Thal IS really badtsround f0< you. We are 111 tho proce:ss or developl'lg a prOJecl ve,y smiar lo the one thal we currenUy have under ronstruclion at Wesl Vassar and West Hillside. We were informed a few months ago about anolher parcel thal Is just withm a couple of bloc~s of this particular proiect, on West Harvard It rs al Wesr Harvard and Wyan<lot .. )usl to grve you an idea of lhe 10('.a!:on. And aga,n, It Is a large 101 ;hal '.:Sil be subdivided and ii V10uld support the building of four aUached single-family homes for a lotat of 8 homes. We are absolulaly thrilled w,th the project that we are doing ri gh l now on Vassar and HIiiside and have had really good Clly supporl for lha t pro1ect. There also have been people fr0<n the County out working on the proje.c t as well. We have lhe property under conlracl and are rook ing to buy ii some time in the forsl quarter of th rs year. As I said, ii will support lhe building of four ellachod single-family homes and we will work with 8 quotlfled, low income working famdles who w,11 buy lhose houses . Our families are selected based on lhoir w1lhngness lo nartner Nith Habitat, because, not only wrll lhey be vofunleer,ng a minimum of 250 hours to help build the • .. s, bul lhey also pay a mortgage once we sell lhe houses lo them. They are also selected on their abihty to pay a mortgage ... Habitat ,snot a give away program, but rather 11 ,s a program where we sell the house. they do pay zero percent interest on 11'11 mortgage So, that ,s one of the things that makes it so affordable to fami ,es. And the thlld cnteria th~. «e use IS, lher currlnl hous1119 n some way needs lo be substandard or they need to be paying more lhan 30% of their monthly income towards thE~ rental sltuatron. and we are fonding famiies that are paying upwards of 50% of their monthly income !Owards housin11 There ,ve a coui,:e of structures L~at are on the property nghl now We WIii bo demolishing those so lnat we have tho open space tt,at we need ,n order •, build the !louses h will be subdivided anti ft is currently zoned R•2 A, which means that we can burld without any kind of ,ezoning. The house sizes wlff be simrlar, belween 1000 ar,d 1200 square feel. The way thal we fund our projects Is we work with our government partners to help us with the purchase of the land and lo do In frastructure. Habllat does not accept any government money for other than land acquisition and tn fraslructure. Then we work with everybody In the private sector, whelhcr II be Individuals. fo ilh groups. corporolions, sometimes foundations an~ O!Ganlzalions to help us fund lh& purchase of building materials. They conlrlbule $85.000,00 lo buy lhe building materials we need lo construe! lhe houses. As I mentioned. we wil be purchasing lhrs property In the firsl quarter of this year and we wi!l lo.ik lo build on rt next year. By the hme we gel the property subdivided, house plons logolhor and n ,d fam i res for these unlls, It will lake the belier part of this yoar to do lhat and then we can start building w, 2009. What I am here to request of you lonlght IS a lellllf ol s~pport for '~is pr<"ect. We have applied to Arapahoe Courlty to help us fuod lhe purchase of the land and as part of lhal pr"'-"5S, ~.ey really want to know that thJS IS a p,oject that JS welcomed by tho City and so we neeo to gr,e Ar"pahoe County a letter of support So, that rs the frrsl lh.ig that I am 1equostor1g That leller of support would need to be avai!at-te wrlhin, probably, the next few days..~ust wit~ lhllr processes that they are workrng on and an lhe vanous lime lines thal would coordonare w,th thal, tt would be Important to gel that done~~- rather than later The second thing lhal I am nking l 'lf is waiving bui!d•"g permit fees and open space dedication fees. Those are the same fees that were waived when we d,J the Vassar and H1llsid9 proJecl. The projecl itself ,s going to be over a nllll~n dol lars and by waiving these foes, It does a couple of I/lings one, II helps make the homes more affordable lo our fem Ille•, so lhal we can sell them al a lower cost ond socondly, Arapahoe Cnunty likes to know lhal the local jurisdictions are also participating In the r ·oalion of affo,~'>!>!e housing. The 101a1 of what would bo waived wou l~ be very similar 10 whal was waived lhl~ dSI limo. It ,s In lhe nelghbomood of aboul $1.000 00 ... a ',Ille brl more lhan lhal...per unil. So, we are figuring lhat II will t3 approx,ma lely $8,700.00 thal we are asking 10 ha·,e wa,ved Thal really con::ludes my presenlatlon amJ I will slick around until later ,n the Council meehng, 5hould you have any queshoos Tha, ,k yw very rnuch Englewood City Council January 7, 2008 Page 4 Mayor Woodward sa,d thank you . Recognition of Unscheduled Public t:ommont (a) Laura 8ar1nck. dn Englewood resident . SOid I am t>ere tonoghl 10 request your assistance on nglll-,g a wrong which presenUy ex,sts .., En()lewood I have been researching tho hrsto,y of lhrs phenomenon of the zoning coda m the last couple of weel.s. because I wanted to know where I stood spoof,cally w,lh my rights and exactiy how for lhe rights of the government extend II seems that ~llhough the Supreme Court chose to allow States lo lnshlule planning and zo,1Ing ord,nances ,n lhe 1930's, they also Instituted a mandate lhal the zoning ordinances be recommended for ?fanning purposes primarily and hnlilod by all possible variances when Individuals complained of private losses. Variances were lo be hberally consirued for lhe benefit ol lhe ,ndovlduals whose property or personal prosperity suffered by •ho goneral planning and zoning codes. The Eng1ewood zoning ordinance states specrflCally that lls purposes apply only to land and lhe use of land II states specifically the word only Council, dod you know lhal Englewood zoning ordinance has no provis,on fo, roommates o, housemates beyond one urvetated pe,son? It eflectrvoly prohibit.; landlords from fully realizilg lhe rents they may collect on a lhree to rrve bodtoom home n lhe City Secondly, tt prohibits university students from seven lnshluhons surrounding Englewood and inside of Englewood. ACC, DU. CCD. Metro, Telkyo Lorello Heights, lhe Rocky Mountain Bibi~ Seminary and lhe Denver Seminary. from selhng up homes togelher in Englewood, II also prohrbils reasonable single adults from living 1ogother And mslead, II criminalizes all of these groups. No, nol for drugs, nude dancing, operating a house of proshlulion, housing too many an imals or hosting dog flghls, loud partying, bright obnoxious lighting, using up all the parking on the streets ... no it criminalizes I hem simply for being unrelalod. In our sit• ·ation, Englewood reviewed the plans for the building a five bedroom single family residence on Pearl SlreeL II approved lhem and charged us a hefly fee lo buHd lhat house and Code Enforcement has spec,fically driven by and !hanked us for lhe fine add1hon lo • Iha neighborhood v.'hen 11 was finished. II we had been a married couple with lhree choldren to r~I those • bedrooms, there would be no issue here tonlghL But we are a mamed couple w,thout natural children arod we prefer 10 take students and give them a family to come home to . Not all students are IOOk,ng for thal, bul many are Since our house was finished, way oulside lhe conlracled date or August s", we were loo late lo host for lhe school year, so we opened our home temporarily,~ a couple of other single pooplo who wanled a famiy atmosphere to come home to. A teacher al Telkyo Lor~ao Helghls referred a KQrean student l o us, because he was not able lo eal American cafeteria food and was constenlly sick. The noose of hvlng In a 5 x 6 concrete cubical next to the men's room wolh partiers coming In and out all hours was preventing him from sleeping. So, a student came lo live with us afler all •.. a montr after schO<II had already started. There is absolutely no difference in the lmpacl to the Englewood waler services. trash services o, any departmenl, whelher we IUI our bedrooms with OUf own teenage chlldren o, wtlh unrelated singles O~r home srl.? and purpose was approved by Englewood end Englewood should be stopped from preventmg us lo use lhe fun of 11 II is not the duty ol lhe Englewood Zon ng Ocprulmenl to soy in10 househol.: and determrne for Oieif own mallaous prosecuhon what lhe relahonships ore of tho people on Iha home. But Englewood has overstepped rls authonly on law and on ac110n. by laking away what mighl have been a special Thanksgrvong and Chnslmas holiday as a household and harassing us cease lessly. The relationships of lhe peoplo living In a household oro none of lhe go,·~rnme~ls bus,noss. un less lhe people or person living In the rosidonce ongayes in some public nuisance or crim inal act. We have specifically asked our neighbors whether we have done something to l1arm them and they have specifically denied any harm. yet they have conhnually on1or1a,ned themselves by gossip and slander, holding ne1ghborti<.od moelonys lnd001s end oul, harassing us by compla,n,ng to the City and by beginning the Coly's proserut,..n against us Bocause lllis Code was wrollcn, the way it was wntlen. when they saw a Soulh Korean student walkng lo and from lhe bus slop along their streol lhey ::onfronlcd US, that WO should be liable lo lhem fo, crimrnal baci<grcuoo chocl<s. see.-,g as ,twas a Soulh Ko,ean who shol up Virgrn1a Tech. They also ms.-,d lhal we let an or lhe nelghbots know when we had guests and how many guests we were plannong 10 have We do not l,ve in Utopia. Neighbors do nol gel lo choose their neIghbors ... sadly for me II I~ not the right 01 the neighborhood 10 classify the color or lhe nationality of those who move in next door They do nol have the nghl to regulate our guests II Is nol okay lo stare down the person when he Is standing on 01or sidewalk in his ski • gear awaiting a ride to lhe slopos . II is not okay Io call the Zoning Department ceaselessly 10 complain . II Is not okay lo place duplicate coils harassing our Dlslricl reproscnlahve, simply for him agreeing lo bnng up the ordmance lor review tonight II ,s not okay for lhe City Pol,oe lo stand al lhe door tho w&ek of Chrislma: ..,id ring lho doorbell ceaselessly fo, five mrnules each morn,ng, wolh lhe llveals of ev,cllon II ,s appao "'0 ar~ ,s ropugnanl Why? Because Councrl. lhe Code lhal il!lows only two non-mlateo people 10 hve rn any s,ze o! • • • Englewood City Council January 7, 2008 Page 5 house, in any size of lol and any s12e of dwelling, Is simply oppressive America ,s 11,e place to prov1d~ for hope and opportunity and unless a criminal act occurs, a person ,s to be presumed 1nnocont, not prosecuted fo, not looking like lhe other households on lhe block It ,s our pos1hon and at.pa, 'lnlly by the way our petit,ons are p4Jng up aner only one week . I have lhree of them run, so far it ts lhe pos1hon of many people ., Englewood who also hve and work n Englewood, that Englewood's Code shows Englewood's colO<s Those ook)(s right now are nol as art1st1C as Englewood would like to behove It Is not within E11glt!w0od's authonty to go beyond lhe purpose of the zoning law, which 1s to apply only to land and use, as it's sell-described. The Code provides for same and similar uses to be approved by the Clly Manager One or the members of the Appeals CommI1:ee e-mailed me some or the history or the adoption or the Englewood Code and ,n II he reporls the Community Development Department knew and admilled the Code was not proven and that 11 had many kinks to be worked out. From such humb le beginnings, II certainly has been used in a treacherous way, to the teller of the law, against our household and really, how man)' other households In Englewood would be lying emply today and being repossessed by lhe bank, if lhe economy In Englewood enforced lhis Code less arbitrarily. So, I would ask this Cour.ci to take lrllo consideration lhe actions of the City of Lakewood which posted several Study Sessions on the web regardng this very ,ssue, because the ne,ghbors complaned againsl Colorado Chr,sllan Uruverslty students settflg up households togel/lef I tlmk lhat they came lo a more liberal conclusion, which Englewood mlghl benefil from reading, yet I believe there Is shll another choice thel exists, though farther away The City of Ames, Iowa came to my aHention last mghl while researching olher Municipal Codes. II simply says, 1n all single family and lwo-family dwellings, Iha maximum occupancy of a dwelling unit will be ellher one family or one more person than the number of bedrooms, up to five people, providing there Is one pa rking place per bedroom, for unlls with two bedrooms or more or In a university impacted area, 1.25 parking places . All I am asking is lhat lhe City Council be rea sonable and that II act quickly. Englewood has sufficientl y reasonable c.Jdes lo cover any 111~1 achvity in the City, should ii choose lo enforce those codes . They do nol need lo define households nor legally, should they. I am since<ely, Laura Bartnick for myself, for my husband Bin Bartnick and for our household, for the community who signed the pehlions so far just because they know us personally and will vouch for us, our righl to privacy and the pursuit for happfless and fl(osperlty Thank you. Mayor Woodward said thank you. Did you want to tum In lhose pelllions or did you wanl lo keep them? Ms. Bartnick said they are casual pelilions. They probab ly won't fulfill all your requirements, bul I don't mind lurning lhem in . (b) Douglas Cohn, an Englewood resident, said I came tonight Just for one reason, although I dldn'l know much about this olher lhing thal this lady, Laura, was jusl talking aboul probably 11eed to look Into that Anyway, I am here to talk aboul Englewood Days and lo make a presentation lo you all I brought along a Cerhficate of Appreclallon from the Englewood Days Commrttee and a copy of our poster from lhts years show. and we wanted to say thank you. We want lo say thank you to the Pubhc Works guys, and Safely Services, and Community Deveiopmenl. and lhe Finance guys and Perks and Rec. There are a whole lot of City folks who worked with us In pulling lhe show togelher. And lhe City Council, you guys did a whole lol of special lhlngs for us as well, so we just wanled to say thank you Several Council members !hanked Doug. (c) Greg Allen•Plcilell, an Englewood resident, said thank you for allowing me the opportunity to addiess thO Council thlS even,og My wde and I hav~ been proud residents of Englewood for four years . We boughl our fnl home here In Englewood and when we were considering where to buy a home. lhere were a number of important Issues thal came up for us. Pnce obviously was an mportont factor, bul there were other equally important faclors to be considered, Including the look and feet of lhe neighborhood, lhe perceived safely of the neighborhood and our potenlial for happiness •n the neighborhood. We ruled out homes that were in neighborhoods zoned R-2, despite the lower cost of these homes. You sec, for us, mulll•unlt dwellings and apartment complexes, lnlermixod with single family homes, change lhe look and reol of lhe neighborhood They bring in a less permanent or .Jre lranslenl population an~ people don'I always gol a chance to know lhe,r neighbors in places lhel have a rnix of R-2 zon ing So, with that. It also brings hlghor density housing, lhere can be more foot traffic and more aulomoblie tralfic throughout tho day and night. ,n those areas tnat are zoned R-2 So. we spent a great doal of time anld effort evatualing these th01gs as we looked for houses Once we found a ne•ghbothood we though! we may hke, with homes ., our pncc range, we would walk lhrough the nelghborhocld Englewood City Co uncil January 7. 2008 Page 6 • at different umes of the day and night lo see who was out and how we were greeted by the residents. Fortunately through this process. we found the homo that we live In on Pearl Street and we are very, very happy with that decision A" this work that we did was not ,n vain, I like to say that we sort of moved Into Englewood and we moved Into a Hormal Rockwell palnhng. Our block has developed a strong sense of community We regularly share meals together w,th our noe,ghbolS. play In the park together. bul we alt look out for one another Unfortunately, we now have a neighbor on our block who 1s acbvely WOfking lo undermine U11s flCred•ble sense of community that we createJ. The Bar1n 1cks have v10lated the City's zoning laws and opened up an unauthorized boarding house on our block. In the few short months that they have had renters, the feel or our neighborhood has changed. There Is more congesllon, with additional cars parked on tho street, there are more complete strangers living m our neighborhood. who have made no effort lo become a part of th,s community that we have created on the Pearl Street block. These renters are rent119 space month lo month w,thout tong term c;,ntracts or background checks. The Battnicks are actJvely vlOlaling the City's zoning ord11ance and m d0111g s,>. they are destroying our sense of community and security on Pea~ Street This is not e s,mple issue of 1ust vl,lallng zoning laws. You see, those zoning laws exis t for a reason and we have discovered that reason. The Bartnlcks have not only violated the le tter or the law, bu t they have also violated the spirit of the law, by bringing 1n a mutt,-unll dwelling. w,lh a transient and unstable populat,on. lo an area that is supposed lo be populated with single famdy homes. changing the nature and the 11trms,c charalCle<JSlJC of our neighbomood I urge the City Council to work in a c,viized way 10 bring !hrs VIOlallon or 11~ citizens and ,ts sense ol community and ,ts zoning laws lo an end and resp011g spec1ficalty to a row of lhe points lhal M5 Bartnick made, f~51, she !alks about there being a proh ibition or university students and under the current zoning laws, In R-1 zoning, that probably is truo. You cou ldn't have 5 or 6 roommates living in one house. I happen lo be a professor at the University of Denver and I like IMng ,n a neighborhood where I don't have college students living ne xt door 10 me, I spend enough lime With them on campus every day. And I used lo rent a house on G1lp11 Street veiy close lo campus and when I chose where I wanted to love. I lntentionaNy moved fur1her away from the University so tha t I wouldn't have l o live around COiiege students and moved into R-1 zoning, so that I dldn1 have to love in • a dormitory style setting, Ms. Bartnick staled that our laws allow a married couple w,th three children, but not a married couple with lhree single people and that is true, But a married couple with three children ideally have some control over their children, whore she has three adults unrelated living under their roof and they have no control over these people. and unfortunately that scates and underm"es the sense or serurrty In our ne;ghborhood. Ms Bartrlick staled there is no difference in mpact lo the City 111 terms of waler. trash or other City services and while that may be true , lhere is an impact to the nelghborhood ... to the sense of communily ... as I spoke about. Finally, she sa id that the neighborhood started the City's prosecution against them, well if II is the C,ty·s prosecution, then the City Is octuall y the ono who started the prosecuhon. II wasn't us, the neighbors, wno decided lo take them to c;ourt. The City realizes U,ey were ,n fact, v,olatlng the zoning laws and they did something about it. as llley should and I applaud the C~y for doing that and would urge you 10 cont11ue doing the same. Thank you. Mayor Woodward said thank you. (d) Miguel Drake , an Englewood reside nt, said I am also discussing what is happening on Pearl Street I have actually run across s1tua110ns where ,1 has ompacted my hie I feel less secure now and that Is pr,mariy due to the fact that the persons who we hvmg there do not have a vested 1111eres1 in the secunty of the block . There are µeople lllOVlng in and 001, whom I don't know and who don't know me. and that IS a great concern to me. There Is very hllle elso that I have to say I was at the f•st meeting with the Bartn,cks, when we allompted to resolve t11is In a neighborly rashion ... lhat Immediately collapsed and I consider lhal to be an unfortunate slate or off airs. I would odd this, over the course or the conslrucllon of the house, there has boon a consistent unwilhngness lo follow the feller or the law with regards lo zon,ng, with regards lo pormill1n9, end with regards lo construcbon. Beyond that. I have very hllle else to say. Thank you for your tmo this evening. Mayor Woodward said thank you. (e) Anno Drake. an Englewood resident. said my husband. my young so11 and myself live ,n D,strrcl • I. next door to the Bortnlcks. They are atlemplrng lo got a zonrng variance They want the variance to allow U1em lo have up to four rent pay,ng boarders ., lheU' house Currently. tho Bartnicks ore rentong out rooms 111 vootation or the current statutes I am opposed 10 a vanance or any change tu the zon,ng statutes that will allow the Barlmck.s to c;onhnue lo rent single rooms In thew t1ouse or to run a business next door to my home • • Englewood City Council January 7, 2008 Page 7 Recently, Ms Bartmck distributed a letter to the community Ms BarL ck stales thal she has helped divorcee, through IransI11on and drug abusers by removal from lernptallon The Bartmcks ronl rooms on a month to month bas,s with no lease agreements I can't allow a business based on rapid turnover of anonymous drug abusers and other transient clients to occur next to my home Thank you very much for letting me speak. Mayor Woodward said than k you. 8 Communications, Proclam1,tlons and Appointments There were no commun,cat1011s, p<oclamatlOfls or appointments 9. Consent Agenda (a) Approval of Ordinances on First Read ing There were no additional rtems submitted f<lf approval on r~st reading (See Agenda Hem 11.) COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (b) (I), (II) and 9 (c) (I). (b) Approval of Ordinances on Second Reading (I) ORDINANCE NO. 1, SERIES OF 2007/2008 (COUNCIL BILL NO. 74, INTRODUCED BY COUNCIL MEMBER OAKLEY) AN ORDINANCE AMENDING TITLE 4, CHAPTER 7, SECTION 11, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINI NG TO THE EXTENSION OF THE LIMITED WAIVER OF THE WASTE TRANSFER SURCHARGE. (11) ORDINANCE NO . 2, SERIES OF 200712008 (COUNCIL BILL NO. 75, INTRODUCED BY COUNCIL MEMBER OAKLEY) AN ORDINANCE AMENDING TITLE 5, CHAPTER 8. SECTION 3 (C) (2) (b). OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO REFLEXOLOGY LICENSING. (c) Resolutions and Motions (I) RESOLUTION NO 1. SERIES OF 2008 A RESOLUTION DESIGNATING THE BULLETIN BOARD ON THE NORTH SIDE OF THE SECOND FLOOR OF THE ENGLEWOCD CIVIC CENTER AS THE OFFICIAL POSTING PLACE FOR ALL LEGAL NOTICES OF THE CITY OF ENGLEWOOD FOR 2008 . Vote resulls: Moboncamed Ayes : Council Members Penn, McCasl1n, MoOle, Woodward. Jefferson, W~son, Oakley Nays. None 10. Public Hearing llems • No public hearln~ was scheduled before Council . 11 . Ordinances, Resolution and Mo tions (8) Approval of Ordinances on F•sl Readng Englewood City Council January 7, 2008 Page 8 {I) lnlerun Director Vandermce presented a recommendation from the Safety Serv,ces Department to adopt a blll for an ord,nance authorwng the approval or a Waiver of Direct Subgrant Awards for the Colorado Divtsoon or CromKlal Justice Juvenile Aceounlabfltty lncentJve Block Grant Program . He said the Police Division, of lhe Deparlment of Safety SeMccs II recommendJng the City Counc~ adopt a bdl for an ordinance that waives tts D11ect Subgrait Award, Juven~e Accountability lncenl,ve Grant, for the grant period of Octooer 1, 2007 to September 30, 2008, in favor of the t 8" Judicial D1slr,c1 Juvenie Assessment Center as described in the ordinance . By background, the Juven ile Assessment Center has been In operation for seven years. II provides, primarily 10 the Police Division, a source for when we come In contact with either Juvenile criminal offenders or juvenile status offenders ... 11 provides a location for the poltce officers lo transport these juveniles , drop them off In a reasonable amount of limo, transition them, release custody to the Juvenile Assessment Center and then allows the police off teer to gel back int o service. The fiscal year 2006 and 2007...Juty to June .. we transported 71 juveniles to tho Juvenile Assessmenl Center, and, again, those are both for status offenses and for criminal offenses Wrlhou1 that resource. officers would bo transporting those Juveniles to the station where they would have to matnla11 custody or them . Just lhe custody by Itself can lake up lo 3, 4 or 5 hoots, If you can't locate a parent or responsible person. To clarify, lhe Assessment Center Is prlmariy funded through two sources .. Federal Grant monies and match funds from the par1JC1pating agencies. What lhe ordinance will do Is automatically transfer the Federal Grant monies. that we would receive, directly to Arapahoe County, then without lhe transition of funds, we wouldn 't have to sign lhe waiver and then we Just pay our match funds, wh ich Is based on a 50% match, of lhe num ber of cli&nls that we provide and also on lhe population of the City of Englewood . He said if you have any questions, I would be happy lo try to answer those. Mayor WOOdward asked if there were any questions. There were none. COUNCIL MEMBER OAKLEY MOVED, ANO IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (IJ • COU NCIL BILL N0.1. COUNCIL BILL NO 1, INTRODUCED BY COUNCIL MEMBER OAKLEY A BILL FOR AN ORD INAN CE AUTHORIZ ING THE APPROVAL OF A WAIVER OF DIRECT SUBGRANT AWARDS FOR THE COLORADO DIVISION OF CRIMINAL JUSTI CE JUVENILE ACCOU NTABILITY INCENTIVE BLOCK GRANT PROGRAM. Mayor Woodward asked if there was any discussion. Mayor Woodward said I Just want to make the C01M1onl that the chart attached to lhe counal bill shows lhat JuvenHe Assessment Center Federal Grant Fund,ng was $429,231.00 In 2001 and S85,707 00 In 2008 quite the decrease Mayor Woodward asked If thore was any fur ther discussion. There was none. Vo to results: Ayes Council Members Penn. Mccaslin, Moo,e, Woodward, Jefferson. Wison, Oakley Nays None MollOll carried. Mayor Woodward said thank you Tom. • • (Ii) City Attorney Brotzman p resented a recommendation to adopt a bill for an ordinance • au thorizing the amendment of Ttlle 7, Chapter 6A, Subseclion 4 of the Englewood Municipal Code 2000 perlalning to Harassment, to bring the City's ordinance In lino wilh State Statutes. He said this ordinance Is an updale as to lwo mailers One Is, as lo technology .. there has been an Increase in computers. computer networks, whtch the J>l'IOt statute and/or ordinance did not take lllto account The Colorado Statutes were updated to correspond w,lh case law, pr,mar•y 1n the area of stafk,ng, which Is addressed The proposal under • • • Englewood City Council Jonuary 7, 2008 Page 9 lhe Englewood ordinance Is 10 mlffor lhe Slale language, whlCI , would lake 11110 accounl lhc changes on Colorado case law Mayor Woodward asked d lhore were ;my queshons or commonls for Dan There were none COUNCIL MEMB ER MOOR E MOVED, AND IT WAS SECONDED, TO APPROVE AG ENDA ITEM 11 (a) (II)· COUNCIL BILL NO. 2. COUNCIL BILL NO. 2, INTRODUCED BY COUNCIL MEMBER MOO~E A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 6A, SECTION 4 , OF THE S::NGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO HARASSMENT Mayor Woodward asked ii there was any discussion. Thero was none Vole resulls: Ayes: Council Members Penn, McCashn, Moore, Woodward , Joffersoo, w,son, Oakley Nays None Mo11on corrled. (oi) lnlenm Direct01 Vandermee p,esenled a recommendal,on lo approve a bill for an ord111aoce amending Title 1, Chapler 6 of tne Englewood Municipal Code, Departmenlal Organlzallon. The recomm ended change lo lhe ordinance would formalize a proposa l from lhe Departmenl of Safely Services lo re-eslabhsh separale Police and Fire Departmenls. He said lhts has been dtscusSed prev10Usly In a Sludy Session W1lh lhe re 1iremen1 ol lhe former Direclor or Safely Serv,ces, 11 pr01·1ded lhe Ctly wllh an opportun11y 10 evaluale and sludy whal lhe besl course of action was ... wh elher ii could proceed wilh replacing lhal poslllon or consider the reorgan lzalion or Emergency Services, back to a lrad1tlonal Police Departmenl and Fwe Oepartmcnl Again lhal has been discussed. He said I would be happy lo answer any specif,c queslt00s lhal anyone mighl have. COUNCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ill) • COU NCIL BILL NO. 3. COU NCIL BILL NO 3, INTRODUCED BY COUNCIL MEMBER OAKLEY A BILL FOR AN ORD INANCE AMENDING TITLE 1, CHAPTER 6, SECTIONS 1 AND 2. OF THE ENGLEWOOD MUNI CIPAL CODE 2000 , PERTAINING TO THE REORGANIZATION AND ESTABLISHMENT OF A FIRE DEPARTMENT AND A POLICE DEPARTMENT IN THE CITY OF ENGLEWOOD, COlORADO AND VARIOUS OTHER SECTIONS THAT REFERENCE SAFETY SERVICES. Mayor WoodWard asked tt !here was any discussion There was none Voto results: Ayes· Council Members Penn, McCaslu,, Moore, Woodward, Jefferson, Wilson, Oakley Nays None Mo1,on carried . (b) Approval ol Ordmances on Second Read,ng There were no addit ional items submltlcd for approval on second reading . (Seo Agenda lie Agenda) (c) Resolutions and Mol,ons • Consenl Englewood City Council January 7, 2008 Pago 10 I t11•rn wnro 110 ~dd111onP, rcsOlut,ons o, motions subm1Itcd for approval (See Aoonda Item 9 -Conscnl Aqt•f1da J I;, Oono rol Discussion (o ) Mayor's Cho1co (1) Mayor Woodward said I would like to bring up lhe Habrlal for Humanity request for a lrllo< OI ~uppo,I f'avmg been a wo,ker fo, Hnbllal fo, Humanity, I fully support what your mission Is and whal )'<>U do ho,o ,,na olsowhcro ocross tho world ts there any obJecllon to the leller of support 10 Arapahoe Coun1y? Ito said os there ,s nooo. I w,11 a sk to move that fo,ward. And then also, I would like lo ask that we bung fo,th a 11,sotut,on, at our next meeting oppr0V10g the warver of the pemut and Open Space ded,cahon fees IOI U,o p,qect that has been proposed • Council Member Penn said are we allowed to ask quesoons al lhis hme of Lynne ? Mr WOOdwa<d reploed yes. Mr Penn said lei me preface this by saying I did happen go over to Vassar and sneak Into the houses Uus weekend, actually they were open. and there was a very nice gentleman that showed me around A couple of quest1on3 ,.,lhe residents that you bring l,ito your houses , are they from the City of Englewood , Arapahoe County, Colorado ... where do you get most of your families Ms. Brown sa,d they are prima rily from lhe metro area Mr. Penn said from the metro area? Ms. Brown said yes . Mr. Penn said are there any slats on how successful these new own ers are and how long they slay In the houses? Ms. Brown said you bet. We have built, oh II will be somewhere In the nelghbo,hood or 335 houses in the history of Habitat Melro Denver. We have been in existence fo, 28 years now, and 15 lo 18 homeowners in lhal penod of time heve ever sOld their houses So 11 Is a very, very stable populatoon. Mr P eM sa.d ~ I could ask one more question one house that • I looked al was a twc bedroom and the other was a l our bedroom .. is there any Idea what type of houses you are gong lo put n th15 new development? Ms. Brown said it wll all depend on UlO famUy size, ii will be twos, uuees o< fours In all probabthly, R will probably be either Uvees or fours. We had some lamd,es that net.>ded lwc bedrooms and that Is why we did one of the paired homes as a two bedroom. but olhef houses on Hdlside a,e throe bedrooms. The ones on Vassar there Is one set of fours and one set of twos So, once lhe tamdies are selected that ,s when we determ,~e how many bedrooms will go on. Mr Pem said thank you . Council Member Penn said thank you Mayo< Moyor Woodward saod as I recall, al a Study Session going back when you were building lho Warren house. the numbers wrlh regard to default s or Habllol's chants lisl, was incred ibly low ... II was phonomonal, actua ll y. how low ,1 was Ms. Brown said I think we have had three In Iha history ol lhe orga111Lallon, lo dato. so wo are less than 1% on Iha foreclosure rate. Mr . Woodward said part of lhe buyer's 1nves1111ont ,s their sweat equities. so I lhmk that really says something. Mr WoodWard thanked Ms. Brown CouncU Member Perm thanked Ms. Brown Ms Brown said thank you (1) Mayor WoodWard said CML has a session class go,ng Friday and Saturday I know UlCro DIC some people on Counal that would like lo go 10 those. I know I would toke 10 ollorld the Fnday class behove ,1 Is $79 00 or $75 00 Council Member Peno said I would like to allend the Friday one also Council Member Wilson said I would loke to allond Salufday Mayor Woodward asked if lhere was anyone also. There was no one. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED , TO APPROVE THE EXPENSES FOR THE • CML CONFE RENCE FOR COUN CIL MEMBERS WOODWARD , PENN AND WILSON. Mnyo, WoocJward asked rf there was any d1scuss k>n There was none • • • Englewood City Council January 7, 2008 Page 11 Voto results: Mo!lor1 camed Ayes Council Members Penn. McCashn, Moore, Woodward, Jefferson , Wilson, Oakley Noys: Nono (111) Mayor Woodward sa id I )usl wan t to remind everybody ol l~n Nollonal league of Cities applicaf,ons I w,11 be filling out m,ne this week and would like :o get lhe numbers, so I can b~ng II forward In resoluhon form And whoever 1s planmng on allending that In Marcil, I think 111s to our cdvantage 11 we can ml them out and get them ,n together, so that wo can get Into the same holel and stuff It jusl WO<ks a little belier, I l>etlevo (b) Council Members' Choo:e (1) Counc,I Member Wilson said I have somelh,ng to bmg up its trash. I wanted lo see ~ I could get support from City Council to b11ng this up ... regarding having a single trash company pick up an the trash In Englewood. A constituent has e-ma,led me and I was going to bnng it with me and foiward that on to people. I had put lhis m as a Council Request and KEB said that they had looked Into this at the end of the 1990's. I would hke to look Into this and have some feedback from Public works about It and 1:oe If II could be brought up In Study Session. I was wondering tr I could get agreement from everyone or consensus . Mayor Woooward said lo bring lhal forward In a Study Session or pul I! on the age nda. W.s Wilson said because or the "gr~enness· or it and that you would have one company doing It, you have one set or trucks going and not all the rest. Council Member McCasLin said you are talking about the traffic pattern and helping save the side streets and so f011h And the alleys, Ms. Wilson said Mr. McCashn said ~f,n,tely, I would hke that discussion Counci Member Penn said I am f11& with n. Counc,I Member Moore said I do thmk It os a subtecl worth rcv,s1hng . II ls one of those times whe,e ,t has Ileen specifically addressed, so I would like to see 11 in a Stuoy Sess,on A little bit or hme invested In the history cl 11 ond maybe a little bit of time invested In whot 11 w ould mean to really move forward ... again being conscious of stofl lime Aga:n kind of really knowing, th is has been very consciously addressed, so we would need lo be lookmg at th is now and saying circumstances have chang~d enough that It is worth rev lsillng In more depth. Bui I wou ld love to have the discussion, bocouse t con tell there has been changes In the circumstances that weren 't there the last lime this was looked at Council Member Wilson said I think 1I wos 1999 Counci Member Moo<e said there are a lot more providers go,ng down my alley uvery week. Councl Member Wilson said e•ac1ly I thmk what I want to do, d d ,s okay, I c;ould semi everyone the e-mSII that t 1ecelved from the resrlent She hild some very good pomts and I could pass that on to Gary. and W Dao wMted a copy, and send that to ovuryone Mayor WOOdwatd said I thmk v,e have consensus to move 11 forward on to the agenda Council Member Oakley said I don't mind tho discussion I don'1 think that the opinion of the people war1hng their choices has changed, but I don't mind having the discussion . (ii) Council Member Penn. 1 Ho said I want to thank tho EnglcwOOd PollCo Ocpanmcnl tor my hllle visit Thursday T,1ank you Tom I hod a good nde -along with Sergeant Gary Coor' ,,ay and learned an awful tot about that Englewood City Council January 7, 2008 Page 12 2 He said I also had the opportunity to tour the three ce nters for the Englewood Housing Aulhorny. Dawn Sheplic rd did a great job informing me aiid gave me SQme great mformallon We got to go Into Gloria's house she lives 1n Orchard Place If yolJ gel a chance lo meel lh1s lady and I don't know her tasl name, but she is a sweelhean She lives up on lhe f1flh floo< She tn v11ed us mto hor hoose and we got to see lhe residence and she invited us for coffee It was xtually vory entertam,ng 3. Hr said and I don'I know If lhls Is for everybody, but I would hke lo know more about lhe volunleers that help •omove snow for the Clly. Is lhal something , Gary, wl1ere you cou ld make the reques l ? I just wanl to know whe,c, w,• 3/L w1lh thal and who we can help wilh lhal Clly Manager Sears said yes. Mr Penn said lhank you (111) Council Member McCastm 1. He said I want to thank tl1e Barlnfcks for coming to explain your sltuat,on, bul In some of lhe wnllen stuff, II was very negative ... ! was called a spider ... l tlon'l think I'm a spider and I thin k the com mcnls In your correspondence about lhe Cily Manager and some or lho Clly staff is real negative. In my line or work , as far as loachlOG e:n.)tionally disturbed kids, teactmg social skills and being an umpire for 39 years, f have leameo lhat you get more with honey than you dOwilh Vllegar, To me It was very negabve and I'm not a spKler. I've never heard from you, I've never talked to you and so putt,ng me in a gender as a spider was pretty offensive and I am sorry, And 10 be hones! with you, t would not want a house next to me w11h three or four unrelated people Thank you, 2. He said I also par1ic,paled In a ride-along lasl Wednesday, with Jason Pearson . I had to teach school • lhe next day and I saKl t have to get home early We were getting ready to leave and we had a bar fight 11 Englewood and or course, that toolc another hour and a half and I got home about 3-30 I slepl unti about S.30 But 111 tell you whal, Jason Pearson 1s great with grafhll. He's on lhe Task Force. I vlsilcd every graffiti slle In • Englewood thal nigh t, I really enjoyed It. I went on a suicide call. I went on a felony call, I mean, what an enjoyable evening. And these guys do a wonderful Job . II is open to anyone, I think as Council people we should do 11 on a regular basls, becal«0 :he guys love It, 11 can show you what Englewood Is about and you really get a true handle on d. You know, I grew up U'I Englewood ... in fact f was bom here .• so I've seen the changes In Englewood But lhe Police otr,cers are so responsive and I would like Sam Watson to relate that to lhe s1aff .. I appreclale oil the work thal lhes omcers do And some of tho people lhey come across ... God Bless you . Than k you. 13 City Manager's Report (a) Crty Manager Sears said I would hke to Inform Councd lhal we have the auelrfors that have 1ust started to work on our finances from las1 year. It does toolc like our f"1ances al lhe end of lho ,ear were poslhve We will 1;q1 that Information lo you. Our sa les taxes did appear to bo up, bu l I know Frank hasn't finished tho report yet and I will be coming back to you . {b) Cdy Manager Sears said today we f,n,shed the budget calendar for this year already, ,rs already a now year And lhe fwst Item on lhe list ,s Janu;,,y 2a• That wit be lho C,ty Council Retreal d1scuss1011, whleh really ues V1 to our whoto budge! process and actually whal we send lo Inc Sl ate and what we send nal1onany to be occred1led . Tho budget really slarts w1lh goal selling by the Council on what needs to occur And so, tllot Is the first thong out of lho chule. so the re really is a purpo se for tha t. As a follow up, 1n the past, we gave a book out to Council. I'd havo to say lhal part of lne book i s actuo ll y prelly wolf wrillen and the other half, I'm nol sure it ties 1n with the back half. but the Counctl is given "The Price of Government, Gethng the Resulls We Need 1n The Age or Permanent Fiscal Cnsis·. We have ordered these books for lhe new Councd members and even a couple for lhe older Counc,I members, bas,cally to givo some flavor a:>out our Outcome Based Budgell1g process, so that the revenues tie into the goals that lhe Council sets up. And so, you will be seeing lhls rn a wh,te Again, I will have to say, . 1u might wa nt to skim some of 11, but from a ph,losophlcal viowpoinl. II has • boon lhe lhing thal hos kind of d ,en our staff and driven our budge! process . We arc really aclually looking forward lo reestabt1shrng lhal lhat 1s where we want lo go wtlh the now Counci . 14 c,1y Attorney's Report • • Englewood Cit y Council January 7, 2008 Page 13 (a) City Attorney Brotzman said Mr Garrell menlloned in the Study Session, I am requesting lhe appolntmenl of Michael A. Lisi Jmm Honlgman Miller Schwartz and Cohn LLP as Special Counsel for lhe renaming/trade marking al lhe Englewood Goll Course COUNCIL MEMBER MOORE MOVED, ANO IT WAS SECONDED, TO APPROVE THE APPOINTMEN T OF MICHAEL A. LISI FROM HONIGMAN MILLER SCHWARTZ AND COHN LLP AS SPECIAL COUNSEL ASSOCIATED WITH RENAMING/TRADE MARKING THE ENGLEWOOD GOLF COURSE. Mayor Woodward asked ii there was any discussion. There was none. Vote results: Motion carried. Ayes: Council Members Penn, McCasl11, Moore, WoodwarO, Jefferson, Wilson, Oakley Nays: None 15, Adjournment OWARO MOVED TO ADJOURN . The mealing adjourned at 6:44 p.m . . ti , . Page I nf3 Lou Ellis From: DOUGLAS & LINDA COHN (dougscnr@msn com) Sent: Toursday, Janua,y 24 , 2008 8 0t AM To: Lou Ellis Subject: Tuesday speech al City Council Lou. copied here is the tex1 ofm}' rcmnrks m C'i ty Counci l Tuesday nii;h1. Sorry I rJn om so fost. allcr a long day al work I was star,ing and ne1.'dcd some dinner. Decri111inali1,ing Code Enforcement One or the classic stories in Wes1cm Civilization wus "riltcn by Homer. h was called the Odyso;cy and th~ main charnclcr is Ulysses. Al one point during the sea journey, the ship needed 10 sail by lhc island inhabited by the Sirens , The Sirens sang sweet and irrcsistihlc songs thul prom1m.l wisdom, riches and glory and fame 10 those who woulu ju~I listen . All 1ha1 travelers n~edcd to do was slop at the island. The Siren songs were cruftcu so ~ach person would hear what they wanted 10 hear. The Siren songs were dL-ccitful, but sounded rc:1lly good. Uly.;scs lwd been warned 1ha1 listening to the siren songs "as a rcall) baJ and dangerous idea. so he ordered nll l11 s men 10 pul wax in their cars so lhcy cou ld not hear 1hc music and they got sakly hy the mens. Dccrin1inahting Code cnforce111c111 is u siren song . I. II promises 10 free you from 1hc stal11tu1} "line" lmuts 111 clTccl no", You could churgc us much as 1124/2008 you I\ ,1111 fo, , iola1ions . 2 h pronuscs lot, of nc\\ monc~ 11 could c, en help halan.-c the huJgcl . 3. II pmnuse, Ill 1mpro,c lhc look ofourlo\\11. -l II promises 10 be J new \\Capon 10 ,1,c ai,_ 11s1 the slJckers "ho Jo 1101 take care of1he1r respons,bihucs. S. It pronuscs 10 reduce the case load al lhc municipal court. The sirens smg :, ,cry S\\1.-CI S(lng. BUT I . II wi ll t.1kc U\\UY due process rig~ts guaranteed by the constitution and "due process" is the foundation of the lcg:11 relationship hetwccn citi1cns and their govcm ment. llut the song is very hard to rcsis1. 2. Almost everyone follows lhe rules. This plm1 would punish the compliant who make a mistake and the slackers will still be slackers. llut the song 1s very sw1.-c1 and hard to resist. 3. Our whole 1>0litkal and legal system works by the voluntary complimn·e of us all. This action\\ ill damage the law abiding and undcmunc confidence m government . But the song is \'Cl)' hard to resist. 4 Placing hens ofpeoptc·s homes is u tmiblc 1Jea. Rut the song is \'Cly swc~t . S, The cvidrncc is not conclusive 1hat this approach makes 1he cities look heller. hut it docs raise lots of money and the song is very hurd 10 resist. I 24/2008 I rcah ✓c 1hcrc 1s 1101 Cl'cn J hill hcforc you JI lhis lime. h 1s hcmg seriously d1 • ,usscd by lhc C"odc Enforccmcni Ad, isol) Commiucc and some nrc Ii 1c11ing lo 1hc son!! and 1hc song is •Cl)' S\\CCI and hanl 10 n.•.1.1. Dccnnunnh1mg Code Enrorccmcm is a Siren song. The ircns arc ingmg . Don'I do 1111s 1 Pu1 wa., in your cars. ail on hy lhc 1rcns· Island. Don ·1 Slop, 0011'1 lis1cn . II will danmgc our con11nuni 1y. urge you, Don '1 s1ur1 do\\ n lhi s sli ppery slo pe . Doug Cohn JOS I S. J\Jarlon t, F.nglell'ood, o. JOJ-762-887Jh JOJ-587-2407c L i ug en am 11.e,1111 Doug Cohn "uh an eye on Englewood 1/241200 Good evening. My name is Kar in Rosvall-Clausen and I am a long time cit izen of Englewood. About two weeks ago, I sent a letter via e-mail to all of you In which I proposed that the zoning laws In the R-l ·C di strict be changed to allow the creation of •small lots• as defined In the Unified Development Code and to allow the existence of multi-familv forsale homes. Between the time I sent my e-mail and tonight, It has kindly been pointed out to me that I did not mention my personal reasons for asking for these changes. So this Is why I have come here tonight. In the spring of 2005, my · usband and I learned about the potential problems buyers can face when ~~---u.u_ f.h.l/\C. \utUcl. dealing with non-conforming propertiet w~II p, ocen of ~ the 4-plex located at 4600 and 4606 S Delaware St.. adjaceo: lo Gla•,<loR Elerneo•aq, scheel During this process, two lenders pulled out of the transaction at the last minute, despite mine and my husband's excellent credit ratings, solely because of the propeny's non-conforming status. In the end, our loan officer was able to convince the second lender to follow through with the deal by producing a letter he sai d was from the Oty ,Whkh stated the property could be r~ilt despite the oon-conformlng status. At the dosing, I received a copy of this letter and It was not from the City on City letterhead, but a letter he had typed stating he had tal ked to a person with the title of Permit Tech who verified that If the property was destroyed the city will allow It to be reconstructed. As a result of our naivet~ and some questionable practices on the part of our loan offictr, we were now the owners of a non-conforming 4-plex. In the beginning, we managed the property our~elves, but soon realized with full-time jobs and a daughter under the age of one, we were not capable of the "hands on management• our prop~rty ~,LC l.. required . We then hired a property manager to cake care of the day to day managemen~thls lTnie, we have eval~ted this investment arid cleclded ,, Is no longer a good fit for our family. In June of 2007 we put the property up for sale, arid through OcttOber, In nearly all the feedback received from the showings, we were Informed Investors were not Interested in this property because the size and layout of the units were outdated, Also, it did not include many amenities newer rental properties offer such as washer and dryer hookups, and lnd lVldual meteri. for each unit. Faced with a non,onformlng label and the perception this property was •outdated", I began searching for creative so lutions. At this point, the Idea of dividing the property Into two lots, selling it, and having it developed, seemed like a practk al answer. Not bei ng an expert on the zoning laws, I thought I had two lots since I had two addresses and two aas and electric meters. However, when I contacted the City's Community Development department, I wai. Informed the minimum lot size for the R•l·C district Is 6,000 square feet with a minimum width of SO'. O' l,W ~, . fl..J,J.(-, The properties lot dimenslons~cordlng to the Ar.lpahoe County Assessor are 9949 square feet w ith a width of 75 .2' feet. This Is smaller then the minimum dimensions, therefore, I did not have enouah real estate 10 divide the properties Into two. This answer did not make sense to me because I still felt like at so me point I had two lots that were combined In to one, I decided to look at the zoning laws myself and th is Is when I saw the dimensions for a •small lot" In the R-1-<: district. These dimensions only required a lot to have 4500 square feet with a width of 37 feet. In the R-1-C district, there are approximately SO properties that cu11ently exist with t hese dimensions. These dimensions would allow me to dlvide my property Into two so I was confused why I was told that I had to have a minimum of 6,000 square feel wi th a width of SO'. t called the City Community De\-elopmenl department and asked a se r!H of questions, which I followed up with an e-mail and received a wrl1ten response . First, I asked why I could not use the definition of a •small lot" to be able to divide my property. The Community Development department Informed me that the •small lot" dimensions only apply to properties that existed on or before February 23, 2004. Second, I asked what dale the minimu m lot dimensions of 6000 square feet with a minimum width of SO' were established by the city. Aga in, I was Informed these minimum lot requirements were adopted In 1955. Then, I asked If I could set a variance on the minimum lot size . At this point, I was told a variance was not allowed because "The Board shall not consider a Zoning Variance application to allow additional dwelling units In resld-stlal districts above the maximum number permitted by zone district standards for lot area a,,d street frontage ,· I would hke to point out that this answer does not address my question, I'm not asking ror a variance to build additional dwelling units on my current lot, I'm asking for a variance on the ability to create a •small" lot . Finally, I asked the Community Deve lopment department for any help or advice they could provide to help me find some type of solution or compromise that would allow me to divide my property Into IWO. The flnal response I received was I could address city council and ask them to change the zoning laws. That Is why two weeks ago I sent my letter. That Is why I am here tonight. I need to tell all of you my story and to ask you to strongly consider my proposal. All I Intend to accompllsh, Is to be able to free my family rrom this property while minlmlz:ng our losses. This proposa l will help my family achieve these goals and at the same time the city can benefit from the potential Increase In revenue. If you have any questions or concerns, I would be more than happy to talk with you. Thank you for your time and consideration. • • • From : Sent : To : Subject: Roben Zuccaro Tue 1/1512 00& 9:54 AM Christian Contos Resignation Sgt . Como . I am writing because I need 10 resign my position on the CEAC . I am s1aning n new job next month which will have frequent night meetings, sometim es conflicting wil h th e CEAC Wednesday meeting schedule . Best wishes to 1he CEAC on your imponant work . inccrely, Robert Zuccaro 8a • • • ORDINANCE NO. SERIES OF 2008 BY AL 'THORITY COUNCIL BILL NO. I INTRODUCED BY COUNC IL Ml:MBER OAKLEY AN ORDINAKCE AlITHORIZJNG THE APPROVAL OF A WAIVER OF DIRECT SUBGRANT AW ARDS FOR THE COLORADO DMSION OF CRIMINAL JUSTICE JUVENTLE ACCOUNTAB II.ITY INCENTIVE BLOCK GRANT PROGRAM . WHEREAS. !he IS'" Judicial District Juvenile Assessment Center mo1·cd into its pcrmnnent facility os o J>3n of the Arnp3hoe County Detention Center comp?•v ::, 2002; 3nd WHEREAS, the facility is a "one stop shop" for youth, fomilics and law enforcement agencies within !he rs• Judicial Di,trict, wit!, outreach activities n1 local schools. law enforcement and community agencies: and WHEREAS, since its inception, the Juvenilr. Assessment Center hos pro1•ided a multi- agency focus 10 the individual needs of at-risk youth and their families: and WHEREAS. the Ju1·cnile Assessment Center continues 10 SCl\'e as a mglc point entry and s3ves law enforcement a s1gn1ficant amount of umc spent on processmgJu1enilcs: and WHI.:REAS. the Englewood City Cowicil authorized the Director of Snfoty Ser.fo:s to sign and anest 10 a wai,·er of Direct Sub grant A"·ord Ju1·enile Accountahihty Incentive Block Grant (JAfBG) together with the City's matching contribution transfcrnng the City's grant allocation 10 the is• Judicial District Juvenile Assessmc111 Center for the Federal Fiscal years of Oc tober 2003 -September 2004, with the passage of Resolution No. 55. Seri es 2004; and WHEREAS. in order for the Ju1crulc Assessment Center to pl'lll;dc the level of SCl\ice expected by all agencies and locnl governments. 111s expected that an additionol S-164,956 will be requ ired 10 maintain opcrntion through 2008; nnd WHEREAS. due to the decreases offederal 1,•nuu funding pm11dod 10 the Jul'cnile Assessment Center, the Is• Judicial O1s1ric1 local ln11 enforcement agencies agreed on the implementation of a funding fonnuln that is hascd UJl(ln 50°, usnge and 50% populntmn: and WI I EREAS, the J>3ssage of this proposed Ordmance will authorize a one ) car period nnd extensions for three additional one )'Car periods. 11 ith admimstrnt11 e approl':tl, of the subgrant waivers; and WHEREAS, the Englewood Safety Services Depanment hos included these nmtching funds in their aMual budget: NOW, 1 HEREFORE. BE IT ORDAINED BY TIIE CITY COUNC IL OF THE CITY OF ENGLEWOOD. COi ORADO, THAT: -1- 9 b i SJ.laJ2n...L The Cuy of EnglewlX'd. Colorado hereby \\a11·c, us Direct Subgrnnt Award Ju1cnile Accoumab,lity lncemile Block Grom (JAlBGl Grant Period: October 1.1007 • Scp1cml>tt 30. 1008. (Grant Cycle 8) m fo,or of the 18 Judicial District Ju,en,le Assessmnit Center, as described in the rcques1 attached hereto as Exhibit A. ~-111c Cuy Manager or his designee is authorized 10 extend the Wnivcr of Direct Subgrnm Awnrd Juvenile Accoun1abili1y lncentil'e Block Grants for 3 additional one )tar periods, for and OD behalf of the City of Englewood, Colorado. lntrodu,,ed, read in full. and passed on first reading on the 7th day of Jnnunry, 1008. Published as a Bill for an Ordinance OD the 11th day of January, 2008. Read by title nnd passed on final reading on the 22nd day of January, 2008 . Published by title as Ordinance No._, Serie! of 2008. on the 25" day of January, 2008. James K. Woodward. Ma)'Or ATTEST: loucrishia A. Ellis. City Clerk I, Loucrishia A, Ellis. City Clerk of the City of Englewood, Colorado, hereby ccnify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title JS Ordinance No.__, Series of 2008. Loucrishia A. Lllis -2- • • • • • OFFICE OF THE DI STRlC T ATT ORN EY CAROL CHAMBERS, D ISTRICT A TTORNEY SF.R\'INC AAAPAHOL. DOIJCLAS. ELBtRT & LIXCOL~ COt:IITlts -:"JK-S. ,...,cSL.5.t11: HOCc■tum1 t.CO&alJl (il'O}IT◄,l.stO fAX (TZO).,Wlll Novernba 7, 2007 1'13)'0l'0 1£a Wolo..·yn City Mwger Gary Sears City of Englewood I 000 Englewood Pkwy. Engleu-ood, CO 80110 Re: l) Status of the Juvenile Auessmienr Center ()AC) 2) 2008 Ju,-enile /\SlCSSIIICnt Ceoier Supplemental funding Request Ow Mayor \\'olosyn and Man.ii;er Gary Sears: I) S!!!!!1 o[lhe Juvcnilt A~•mmcnt Ccnier t.OV -S 'XXJ7 Tbc Ju,.cnllc Assessment Center completed its seventh year of opera1IOII m Juac -movmg IO its permanent farilrty at the A111pahoc County Detention Center complex. Tho facility is OJll'n twenty-four hours • day for law enforcement and Mond3)• through Friday from 1:00 a.m. until 7:00 p.m. far the gcncnl public. The facility Is a "one s10p shop" for youth, families, and law enforcement Srncc our move 10 the Arapahoe County Detention Cen1et, the JAC 1w e,wmem:ed an mer,:asc In the number of j uveniles brousht 10 us. Last )'Cit we~ J,OJ I juveniles between the ages of UH7 versus 2,964 juvcnilcs in 2006 Of this. 1.741 were dcuiined and l ,:?90 not demincd and released to a parenl/lei;al guardian wnh rccommatdatlOIIS and referrals. A goal for the upcoming )'Cat IS to continue increasing the nurnbcr of youth who arc nOI in110lvtd wi1h the loµI system but are referred by the communily and law cnforcemenL DIie IO !be JAC's ill(rasmg ab ihty to Identify and intervene wilh delinquent and nt risk Juveniles, it is impomnt the JAC remain a pi1tl of this Judic1AI Di>lrict's commitment to tht safe!)• of our community Since its mception, JAC has provid<d a mulli-.o;:cnc)• focus to lhc individual needs of al• risK )'Dlllh and their families The JAC 1ar,el3 the presenting issues with a sacc,ss:1w efToo tc max,mtze limited resources and n:ducc duplication of dTorts across p:u1leipa1ing neencics. Through the )AC e!Tons, we know over time, that most ar-risl. youth Ind lbcir pom,ts often do no1 know .. hat rcsoun:cs arc avai lable or how to access them. Often that lack of information becomes a b:irricr or c.\cusc for nol scttini; help. The JAC eliminatcS those barriers. The JAC ts a valuable resource to our communil) bcc,iuse • • Many of our )'OUth arc being direcwd 31\"ay from a life oflcpl problems. • More of our high-risk youth obtain the counseling and help that they need 10 become 51able community memhcn. , PolitL officers sovc 1um-,1round lune h) dropping )'U ulh orr :u tl1c !AC .iud 1ctumins ,~ th en ,l11f1 , qui kl)', as opposed to spend ins hours pro cmin~ cl\Ch r omh 011hr poli ce ,1a11on omm. !Il<QI 7,l romme , ftl tho J",C last \'Cl( The Ju,enil Asscssmen1 Center conunu<S 10 serve as a smglc en~ poin1 fur lo" enfon:c:r.ienl gc1 iei TI1e JAC "'orks close!) w11h 1hc school disine 10 idcnufi and •s.ess youth 11-r isl for trullll C), suspc11sion. dchnqucncy. The JAC has a full -time sc hool li al<OII worl:ing "1th the schoo: alSlrlCIS. T he JAC provides digl1ol mu g sho t capability and laser fingcrprintmi; for law enforccrncn1, mformM ion "'hich is then processed and distributed 10 CBI, FBI, nnd 1he an-esting agency 's re eords depnnmem , Th is has allowed the Juvenile Ass=s5!llcnt Ctnter 10 crea1c Md maintain an extensive mtnaged mfOfTD.ltion S)'Stem to track you th throughout multiple jurisdictions. 2) J11yenilr Asse ss ment Cem•c 2008 Supplemental Funding Re'l\Jest of$:164 956 .00 The Juvenile Accoun1~b1Jity Bl<'Ck Grom (JABG) for I 0/1/07-09130/0S will provide $TT, IJ6.00 in Federal Funds . The addition ofSS,571.00 In 1TU1lchins funds will provide SSS,707,00 In 10101 funds for lhe continued operation of the IAC. This is a 101al program decrease of $340,441.00 of fedora I funds since incept ion of !he program . Fo r the JAC 10 pro,idc the level of ~crvice expected by all ascncies and local go vernment s, ii is cxp"tod that nn addi tioMI $464 .956.00 will be required to maintain operations throu gh 2008 . Due to 1hc decreases ol'fcderal,E'anl funding pro,ided 10 JuvenileAssess menl Cen1cr, the Chi efs of Police nnd Sher iffs In the 18 Judicial District agreed on the impleme111a1ion of o fund ins fonnulo that is base d on 50% usage ond 50% population , Tht formula used to com pute Ille muni cipali ties' share of the costs of1he Juvenile Assessmeni Cen1er is co nsidcr~'CI lntcragency Grom Agreements (!GA). Anoched is the 2008 Calendar Year JAC Funding 11ropoiol. 11 reflects 12 months ofOp:n11ions . The IOtal amount request ed from 1he City of Englewood Is $14,68~.49 . Anne M. Ayers , lh c Juvenile Assessment Center's Executive Oim1or, ha.s prepared the two 1ttachmen I have included wilt, this ffilUCSL She lllld her nssistanl hove been In con tact wit h euch municipality 10 advise !hem of the amo unt owed for ~008 . Tho money is due January l, 2008 . The Juvenile A,scssment Centllf' will ,end an Invoice 10 you In mid-December 2007 as a reminder. • 2008 Caleodar YCM JAC Funding Proposal • Juvenile Assessment Center Grant Fund in: from 2000 2008 TIie future viability o(the J,m:nilt A.sscssrncn1 Ccn1cr i.s only possib le with your con1inucd suppon. I 1hank you and the Cit) ofEnslcwood for your continued suppon. Withou1 your gracious help this project would n01 be as successful in identifying and intervcnms ,v11h die :u ris~ )OUlh of our community If questions arise, feel free to cont :t me al 720-874-BSSS or Anno /\t ,\>m 01 J 0)-'lbl•96K7 . Ver)' ttuly y11urs , CAROL CHAMBE RS Oimlct Altomcy • • • • $500,000 $450,000 $400,000 $350,000 $300,000 C 0 .. ~ $250,000 u .2 < $200,000 $150,000 • I $100,00 0 $50,000 $0 0 0 0 N ... . r .... N 0 0 0 0 N N M 0 0 c,i Federal Grant Cycles :g 0 N .... 0 0 N a> 0 0 N • • 2008 C a lendar Year JAC Funding P roposal (12 Months of Opera ti ons)• Rev~ed 817 10 7 Popwtion FY06-07 A!j ency Pollth1Jo11 P1t1mntaa1t ACSO Un!ncotp/Ccnltad SeMca& 68,WJJ 771% 8ennatt (ConllKI w/ ACSO) ~ 0.29% Cenlermiol (Conllad w/ ACSO) 1C"'.a~9S5 11.62% DH< Tral CConttad w/ ACSO) $71 006% Fo,a-(Conltad wl ACSO) 890 0111% ,......,, (AraoCo & OougCo only) 291 ,843 32..G'3% BawMAr 813 0 ,09% Cherry Kb Vi"-B.211 0 .6 9 % Columbine V■loy 1,261 01 4 % Er,g!O\oood 32,432 3.63% Gf"ee.nwood VII 1~ 13 ,07◄ 1.48% Glendale ~.7 92 0 .54% Ullle lOn 4 0.~3 4.52Y. Sheridan e;.◄&4 0.6 1% OCSO Uruncorp1C on1 r1d S ervlcea 201,031 :u .◄8¾ Larts,,ur (Conlnld w l OCSO) 234 0.03% LoneTn:-e 8.5,4 0 .9 6 % Casile Rock 37,060 • 1•% Pat k•r 39.0•n 4.37% El>etlCOUoly 23,23~ 2 .50% Ehabelh 1,4:lC 016 % Kiowa 8 18 007V, Srnla 74 7 0.08% U1<:ol'n Co1M1ty 5,770 0.65% Arriba 23 1 0.03% Gema 198 0 .02% Hugo 837 0 .09% L.mon 2.055 0.23% To-I IS<.,3571 100.00% I - 1.Mri::ipll..:tCcud1~10n--9'100iACVirnutor1W,. 2..""-le ........ Clftpo,pldleiOn .. ua,a~ 111pgar...,...~on1,,.,..M001 period •;-.i~ $T1',1 3S Fed«n.1GBntc.sh M•t c.h 11 ,611 .Ado>lio Furl<I• N_.., $164,951 Tobl-ovnl $550,H 3 Ilsa!!& 8112 . 964 . 3 3 71 39 17 1 20 22 335 40 77 45 4 1 1 5 - 1 2,&40 I up 7% 50i50 Pr.rcmlage P.....nlage 33.79% 20.75% O.DD'!!, 0.1 ◄% OIIIJ'II, 5 .111% 0.00% 0 .03% 0 .001' 0.05% J8..52"f". 34.57% 0 .00% 0.05% 0. ,,,. 040% 0.11% 0 .1 3 % 2.-3 _1'3¾ L•8~ 1.H % 0 .6◄% O_S9'Y. ◄.55% 4 .53,~ G.83% 0 .72% 12.69% 1 1.56% 0 .00% 0 .0 1% 0.00% 0 .4 8% 152% 2 .83% 2..92.o/. 3 .6"% 1.70 ¾ 2.15 % 0 .1 5 ,.. 0.1 8 % 0 .04% 0 .05% 0.04 % o.os,. 0 . \9o/. 0 .4 2 ,.. 0.00% 0 .0 1% 0 .00% 0 .0 1% 0.00% 0 .05% 0 .04% 013% 1 00.00% I 10D.0D % 2008 JAC IGA FIA'ldirlg Fcrmula 18 1h Judicial Oislricl Olr,ca ol the Oislrid Allomey • en.er--, T o111 t4eeded CuhMa>c:h (50/50) Forlvna F,ame 54,543.00 '.li.-,46 -StO ,01054 I ~,1 ,◄1 $671.41 $27,021 63 517.0-~I .BJ $1'11.42 Sl 48.42 $231.3-0 5231.3-1 52_270 .QP $160.rou 1 ◄ $1 63.0.:'.U.1 ◄ S2 1 1.J3 $21 1 33 $1,8788'1 ,,.an&< $5811 ,38 >5119 36 :>14,682 4 9 li l ◄.682.49 >8,832.73 >6,63:<.73 $2,742 .83 u ,7◄2.63 $21,0 79.77 $2 1,079 .77 $3,3 6 5 .40 ~.36~.•D $1 ,7 5 8 .00 $81.755.,!0 $83,513.20 $S0.8 2 $6011:.1 S2,U8 .11 $2 228.17 :1 1~.1:,5 6 1 >l~.,oos1 >1 8,833.70 $1 8,SJJ 70 U O.U02.3D S I0,00230 $724 D9 $714 99 $248 .70 S248 70 $2.A:2..73 $26223 $1,-94U,1 3 S 1,lio4U 13 $50.05 -0-J SSl.47 $51 47 $217.57 $217 5 7 $522.23 $622.23 $5,571 .0U S484,1156 00 $473.5 27 .0 D • • • ORDINANCE NO. SERIES OF 1008 BY AL'TIIORITY COL'NC'II. BILL NO. 2 1.:-.'TRODUCED BY Cot:NCIL ME~!BER ~IOORC AN ORDINANCE AMENDING TITLE 7, CHAPTFR 6A. SECTION 4, Of THE ENGLEWOOD MUNICIPAL CODE 200G PFRTAINING TO HAR \SSMENT WIIEREAS. 1his sec1ion of1hc Englewood Municipal Code hns 1101 been upda1ed since 1985: and WHEREAS, 1he current onlmance limits 1he effec1h·encss or prosecu1mg indl\ ,dua~ engaged m ac1S or Domcs1ic Violence spec,tieally when the suspect ·s actions do not meet 1he dciini11on of an assauh, or menacing nor do they involve the use of a 1elcphone: and WHEREAS. the CWTent Harassmcnl ordinance docs not lake in10 accoun1 the use of compu1ers. personal data assistanls and other electronic commumea1ion devices and 1hcir applica1,on which can be used 10 send harassing messages to others: and WHEREAS, the pnssngc of 1he proposed Ordinance would clarify and grca1ly enhance 1he nbili1y 10 properly prosecute domestic 1·iolence cases where 1he unda-lying fac1s indica1e harassment or stalking by an offender: and WHEREAS, 1he 1,assage of1his proposed Ordinance will upda1c 1he Ci1y·s Harassmem Ordinance and ndopl ponions of1hc Colorndo Revised S1a1u1cs 10 clarify and s1renb~hen 1he Ci1y's prohibi1ions regnrding Harassmcm and Stalking: NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF TI IE CITY OF ENGLEWOOD, COLORADO. AS FOLLOWS: ~ The Ci1y Council of 1be C11y of Englewood. Colorado hereby authorias amending Title 7. Chaplcr SA. Section 4. of the Englewood Municipal Code 2000. 10 read as follows: 7-6A-4: Harassment. A h &lulll ee Yflla, fwl fer a r•r,en, mi1h iRlonl 10 h8fflss. Bl',R8j' er alaffl\ 1Re1her peP-..eR. 10· a.xtson comnuts harassmcm ,c woh in1rn1 10 hnrass annov or alann aoothsr oerson be or ~ I. lnitia1ei communica1ion with a person. anonymously or otherwise. by 1dephonc. ~"MDPUl£C nstworlL or CQIDPYISC mtem in tt manner intendt..-d 10 harass or 1hrea1en bodily inJury or propeny damage, or makq any commen1. rcqucs1, suggcs1ion. or proposal by telephone computer comouter network or comouter svstem which is obscene: or 2. Makq a 1clcphonc call or uusq a telephone 10 ring rcpea1edly. \\ hethcr or 001 a conl'ersalion ensues, wilh no purpose oflegi1ima1e COol'ersalion; or 9 b Ii 3. Repeatedly 1nsuhi.1aUJ11J. or challcnccs or moka communkauoo, jg offqtsi)cly COQQS IPOSYase 19 nno1her m a 1naMtr hkcly 10 pro\'okc a ,io1ent or disorderly response,,. ;Ji. i. Strikes shoves kick:i or otbeoviss touches a pea;oo or subiSSt$ him or her 10 Phvsical ~ In , public nJacc directs pbs,cenc lqoguage or mks an obssnc sstucs to or at onoths ~ ~ EPllowa a osrson io or nbout a oublic olacc, B. l. As used in this Section, unless the context othc,wise requires. "obscene" means a patently offensive description or ultimate sexual acts or solicitation 10 commit ultimate sexual nets. whether or not said ultimate sexua l acts arc normal or pcrvcncd, actual or simulnted, including masturbation. cunn ilinb'IIS, rella1io, onilingus. or excretory functions. 2. Any act proluoi1cd by foregoing subparegraphs Al and A2 or this Sce1ion may be deemed to have occurred or to have been committed at the place at which the telephone call, Or COffiPUter COffiOUlGC network Pt COOOPYJeC SYStCm was ~ made or received. C. H&ra5SJllelll ~ , peNeA aeelfflilB herassll!11~1 b, staUlieg ireueb peF11ee; Wllllll rommiJS solldos ifdi cecJIY or mdiwlv thmusb aoothCT omon. such pqsqg koowiostx· I. Makes a credible threat to another person nnd, in connection with such lhrea1, repeatedly fella B tha, peFoen aooroacbes contacts or olnses under sun:emnnce that uersoo a mcmbcr of 1h01 person ·s irorossti8tc familv or someone with whom that osooo bA1 or has hod a continuinv cclatioo§hio: or 2. Makes a credible threat 10 another person and, in connection with such threat, repeat edly makes any fom1 or communica tion with 1ha1 pcr,on. • IDSDJx;r p(that pengo·s immesliate fomilv or someone wUh whom that oerson has or hos had;i ,;gptjpyjpg cslationshiP rssnrdlcu of whether or not a conversation ensues. J. &c~tedlY follows IPRCPISbs @DtactJ RIISS ypdq 3urycjll19SS: QC maw DOY !~n r~J "commuaisNion with aootbsrr PWon a, member of th?t PrnPP ·, immsstia1e a. i.L" or someone whb ~lil.bPm that Person hos or has hnd a continuing rclodonshio in U ·s ♦0cr 1hat w~su reasonable ocrson to suffer serious emotional distress. For PU®$CZ ofthi3 Subsstion J o vie1im nsxl Mt 1how that hs or she received omfessioDPI UJitOOI or counseHnR 10 1hgw 1h11 he or shr suffered a mi®$ £IDOliooel disces§.. ~ for 1bc numoscs of Ibis Subsection 3i i. Conduct ••jg @nnection wi1h·· a swiiblt. tbcea1 mAAni acts whiclt furthsr adx,pce ommote or have a con!inuitv oCPWPPS and max pccur before durins or aftq 1hc cmfihJs tbmat· "'ii. ~Credible Thrcn1:, A tl>."e&I that 1 •OYl d eaYse a ,eaee11ebl e pe,see te be iR leer fer •h• peF!oR'e life er aaf'.e1), Mc;ans a thrcal ohx5ical action or 2 • • • • • • 9, iii. repeated conduct 1hat would cauu; fC3SOPAblr vsooo m hs in fear for lbs nma..a· s safctY or tbs afcsv of hi$ or hs immcdiats famib or somwns »itb whom tb?J person has or bas bod a continuin@ relationshiP Such 1hrem,nwJ not be dircc1lv e;spresscd if the 101nlitv of the conduct would cau1" reasonable RSMP such feat "Repeated" or "Repeatedly~., (¾in more than one occasion, ~-"~!ft 8 ieletioR \Hldet6Uhsee1ieR C oft.tiis SHliOR is eenlffliu ed iR 88ftf1Mli8A 1,·i1II a -~eleriee efa CellA e,de ,. i•el•diAg, h•t eet lilllited 10, &A) ,estfai•ieg e,dor or any e,de, tliet sets fe111l the uenditie 1.,a efa bend. an1· se111eeee impesad re, s•eh '"ioialletl shell All'l aensee•1i ely aed ee1 ae-eatl)' u~tli •11) out•••• itttpeseil ieel•ding ••> HHl•Ree illlpesed ie. BOAll!!Mpt p,oeeed,ng re, violaliOA oftlie Co•A eRle,, ►lolll-iflg "' !his poR1grt1ph 3 shall he eoA5tA1 ed to ehoF BF dio1'.eisl, tile iRHefl!AI e•theFity of tho C'R•A le oefe1ee ils e,de1s th•e•gh ei ·ii or e,ie;inal eoetempl proeeedieg5, ~-Safety Clauses. The City Council hereby finds, dt1ennines, and declares that this Ordinance is promulgoted under the general pol ice power of the City of Englewood, 1h01 ii is promulgated for the health. safety, and welfare of1he public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public con,eniencc and welfare. The City Council funherdetcnnines 1ha1 the Ordinance bears a rational relation to 1he proper legisln1ivc object sought 10 be obtained, ~ Scvcrabilj\y. lfany clause, sentence. paragraph, or pan of this Ordinance or the application thereof 10 any person or circumstances shall for any reason be adjudged by a coun of compctenl jurisdiction invalid. such judgment shall not affect. impair or invalidate the remainder of this Ordinance or Its application to other persons or circumstances. ~ lnconsis1cm Ordinances. All ot her Ordi nances or pon ions thcre<>f inconsistent or conflicting with this Ordinance or any ponion hereof are hereby repealed to the c."ent of such inconsistency or conflict. ~ Errec1 of repeal or modjfic:nuon. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish. a.lier, modify, or change in whole or in pan any penalty, forfeiture. or liBbility, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, ot liability, as well as for the purpose of sus1ainin11 ony judgment, decree, or order which can or m.,y be rendered. entered, or made in such action>. suits. proceedin~s. or prosecutions. Sectjon 6. Penalty. The Penalty Pm,1s1on ofSechon 1-4--t EMC shall apply to each and e,·ery ,iolntion of this Ordinance. Introduced, read in full . and passed on first read.n~ on the 7th day of January, 2008 . 3 Published as a Bill for an Ordinance o n the 11th day of Jnnwu)', 2008. Read by utle and passed on final reading on the 22nd day of January. 200S. Published by 11tle as Ordinance No. _. Series of 2008. on the 25• day of January. 2008. James K . Woodward. Mayor ATTEST: Loucrishia A. l:llis. City Clerk l, Loucrishia A, Ellis. City Clerk of the City of Englewood, Colorado. hereby ccnify thnt the above and foregoing is a true copy of the Ordinance passed on final reading and published by tit le as Ordinance No._. Series of 2008. Loucrishin A. Elhs 4 • • • • • COUNC IL COMMUNICATION Date: Agenda Item: Subject : Ja nua ry 2~. 2008 9 c I Purchase of Four-Yard Dump Truc k Initiated By: Ulililies Oepar1men1 I Slaff Source: Stewa rt H. Fonda, Dl reclor of Ulil ities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Slaff recommends Council approve, by Mollon, lhe purchase of one, new fou r.yard tandem dump truc k from Transwesl Trucks, Inc. In 1he amount of $77,000. BACKG ROUN D, ANALYSIS, ANO ALTERNATIVES IDENTIFIED The proposed four-yard tandem dump truck is used for hauling dirt and fill malerfal for main construction and repair. II is also necessary for installing and repairing sectJons of the C,ry Ditch. The new truck is a replacement for the ex1st1ng truck # 1306, according to CERF replacement schedule. Requests for Bid were sent to rve ,endors; five responded: Transwest Trucks, Inc. McCandless lnternoliona l MHC Kenworth Burt Chev rolet Colorado Mack FINANCIAL IMPACT S 79,166.00 $ 82,82 1.00 $ 83,725.00 $ 85,79 1.00 $110,594.35 Transwest Trucks, Inc. is lhe recommended bidder at $77,000. The Tabulation Sheet bid is S7S,166. A change from a tandem •~el 10 a one axle truck adjusted lhe bid to $77,000. It has been approved in the 2008 Budge! for CERF replacemen~ under Sewer Acct. #4 11 605. LI ST O F ATTAC HMENTS • Bid Proposal Tabulalion and Quota tion shee t City o,.glewood B i d Tabulation Sheet Bid Opening: 3/15/07 10:00 a .m . ITEM: IFB-07-105, 53,200 GVW Tande m Axle Dump Truc k Adde n. 300 Hp Parts Vendor YIN Qty Dump Truck engine opt. Manual :"""-"'-llnd~ 1ntemationaJ Ron 303-365-5387 I $ 81.631.00 s 1.100.00 s -16704 E 32nd Ave AIJfOt3. CO 80011 Ellen Equipment Co Tamie 303-364-1838 1 18000 E22nd Aurota. CO 80011 Boyle Equiprnw,I Company Lany 303-287-1200 1 7550Oahlla St Commerce City. CO 80022 MHCK"""""'1h Mike 720-941-0833 I $ 83.125.00 S 30000 7007 Sandown Rd - Denver. CO 80216 Kois Brothers Gary 303-29&-7370 I 5200 Colorado Blvd Commerce City. CO 80022 Colorado Mack Lou 303-388-e225 1 $ 110.088.35 S 225.00 ◄850 Vasquez Blvd Denver. CO 80218 T ranswest Trucks John 303-289-3161 1 s n .93800 s 800.00 S 200.00 7626 Bljghlon Rd ~ce C[ty. CO 80022 Burt c.nevrolel John 303-789-6878 ' s 83,612.00 $ 1.999.00 s 5200 S Broadway 1 s IM,577.00 s 1.999.00 s Englewood,CO 801 10 1 $ 80.978.00 $ 1.999.00 s Shop Service Operator Manual M anual (3) T o tal B id Exce::t)on!J: NIC for manuals s $ s a2.aa 1.oo lnlemational Model 7 400 58A 6•4 See bid documenls s -NO BID s -NOBID Oki 1101 t;J 300 hp opllOnS S 300.00 s -s 83,725.00 KenworthT300 See bid documents s NOBID Did nol bid 300 hp Options $ 247.CO $ 34.00 s 110,SM.35 Mack cab & Chassis See bid docllments $ 200.00 s 30.00 s 79.111.00 Freighlllner See bid documents See bid documenls s 180.00 s s 15.791.00 ChevC8500 s 180.00 s -s 11,751.00 Allemale 11 with OJ Watson Bed s 180.00 s -s 83,155..00 1\11'""""' "-' WlVl laylOn ~ \~"'}v~1 • P,tp,r~ foe M•e 11'°°4"' S11te of CObc~o Ind Po.tic,) Subd..,..., 4201 EM•""• Oen,e, CO II0222 Phonl J03-757-97N ProPll,.dby: Kov'1Wtlg/11 TRANSWEST TRUCKS 7626 BRIGKTON RO COMMERCE CITY, CO 80022 Phone 303-JOl-708 QU O TAT I ON Ml lot CONI/EHTKlHAI. CHASSIS SET 81.CK AXLE • Tl!UCK CUM ISC-285 245 HP O 2000 RPM, 2200 G<N, 800 LS/FT 0 IJOORPM ALLISON J500 ROS AUTOMATIC TRANSMISSION WITH PTO PROVISION RS-23-160 2J,OOOII R-SERIES SINGLE REAR AXLE 2J,ooo, FLAT LEAF REAR SPR ING SUSPENSION WITH HELPER ANO RAOIUS ROO AF-13 3-31J,30I» FF1 71 5 KPI/J 74 OROP SINGLE FRONT AXLE 12,000t TAPERLEAF FRONT SUSPENSION 106"88C FLAT ROO~ ALUMINUM CONVENTIONAL CAB 39SOMM ( I 56") WHEELBASE 11132"X3-1/2'"X10-15116" STEE L FRAME (B.73MMX277 IIMM/J.«"X1 01M") 120!<S1 1600MM (63") REAR FRAME OVERHANG PER UNI T TOTAL VE HICLE PRICE EXTENOED WARRANTY DEALER INSTALLED OPTIONS CUSTOMER PRICE BEFORE TAX TOTAL I OF UNITS (11 IO Ft 0• Body Dump 65,676 $ 65,678 0 0 11,600 11,600 • TAXES AND FEES 77,176 n,11, • FEDE RAL EXCI SE TAX {FET) TAXES ANO FEES OTIIER CHARGES TRADE-IN TRADE-IN ALLOWANCE BALANCE DUE COMMENTS (176 0) 0 (0) (LOCAL CURRENCY! 77,000 Projected delive,y on _, _, _ provided the o,def Is received befO<e _ I _ I_ APPROVAL; Please Indicate )'OJI acceptance ol lhis quotation by s,gning below; Cuslomer )(, _______________ Date:_/_/_. Appllcollon Ver1lon 6 3.310 Dot, Vt11lon PRL-72C 004 City ol E"9"'-d 08 Sl"9lt .,,. dump ' (1780) 0 (OJ n.ooo 12111/2007 1 28 PM P•ge 12 ol 12 • COUNCIL COMMUNICATI ON Date: Agenda Item: Sub ject: lanuary 22, 2007 11.,1 Southgate/South Arap,,hoe Agreement for Reimbursement Initiated By: I Staff Source: Utilities Department Stewart H. Fonda, Director of Utilities CO UNCIL GOAL AND PREVIOUS COUNCIL ACTION In May, 2006 Council appro, ed the Agreement for Reimbursement of Southgate Property 01\ ners. RECOMMENDED ACTION The Englewood Water and Sewer Board, at th ei r January 8, 2008 meeting. recommended Council adopt a Bill for an Ordinance approving the Agreement between the City of Englewood, Sou th Arapahoe Sanitation Distric~ Southgate Sanitation Distri ct and South Eng1ewood Sanilatlon District. • BACKGRO UN D, ANALYSIS, ANO ALTERNATIVES IDENTIFIED In the early 1990's a clerical erro r caused 5 accounts that were in Southgate and South Englewood Sani tation Districts to be coded as being In the South Atapahoe Sanitation district. As a result Southgate and South Englewood Sanilation District's residents incurred the South Arapahoe Sanitation District's maintenance charges, which were higher than Southg.Jte's and South Englewood Sanitation Oistrict's charges. This situati on was discovered when a homeowner observe d that his property tax notice listed his residence in Southgate, but Englewood's bill stated he was in the South Arapahoe San itation District. He called Englewood and brought It to the attention of the Utilities Department. A similar issue was brought to r.ouncll In June, 2006 when 84 such accounts were discovered . South Arapahoe performed an audit and found these last 5 accounts. Notices with Instructions will be sent to the affected property residents on obtaining refunds. FINANCIAL IMPACT It is the goal of all involved parties to resolve thos matter so the owners/residents of ti .~ properties are refunded the overcharge amounts and Southgate Sanitation District is reimbursed ·or its uncollected service charges. One year after the date of the publication o{ notice, any remain ing unclaimed funds will be tur ned over to the State of Colorado. The South Arapahoe Sanitauon District has calculated the amount ot the refunds due the owners of • the propenies Including mterest rates based on rates eamed by South Arapahoe during the time period. The Cal)' of Englewt,o<l and South Arapahoe ha,e consulted their records and all concur "lth the amoun~ noted. LIST OFATTACHMfO\/TS Bill for Ordinance • • • • ORDIN ANCE NO. SERIES OF 2008 BY ALlT IIORln" COUNCll.. Bll..L NO, 4 INTRODUCED BY COUNCll. ~!EMBER ____ _ A BILL FOR AN ORDINANCE AUTHC~ :.'lNG '.:NTERING AN INTERGOVERNMENTAL AGREEMENT BE'IWEEN fhli '.;('•ITH ARAPAHOE SANITATION DISTRJCT,~- SOUTHGA TE SANITATION D,,,TRJCT, SOUTH ENGLEWOOD SANITATION I RJCT, AND THE CITY OP ENGLEWOOD PERTAINING TO REIMBURSEMENT OF 0 CHARGED SANITATION FEES BY SOUTH ARAPAHOE SANITATION DISTRICT TO THE SOUTHGATE SANITATION DISTRICT CUSTOMERS. WHEREAS, lhc City of Englewood Uulitics Dcpanmcnt bas connector agreements with the South Ampahoe Sanitation District. South Englewood Sanitation DiSlrict and the Southgate Sanitation District, and WHEREAS, as pan of those agreements the City bills customers for the Districts' annual maintenance fees nlong with the City 's treatment fees and remits the maintenance fees 10 the Districts: and WHEREAS. ,n the enrly J 990's a clerical error caused 5 accounts that were in Southgate aud South Englewood Sanitation Districts to be coded as being in the South Arapahoe Sanitation Dismct; ind WHEREAS , as a result, Southgate and South Englewood Sanitation District's residents incurred the South Arapahoe Sanitation District's maintenance clwgcs. which were higher than Sou1hgo1e ·s and South Englewood Sani tot ion Dis1rict's charges; on<l WHERMS, 1he City of Englewood. Sou1h Anlpahoe Sanitation District, South Englewood Sanitation D stnct and Southgate Sanitation District have reached an agreement whereby the charges colltctcd for South Arapahoe Sanitation District are to be refunded by South Arapahoe Sanitation Dt •rict to 1hc Southgate Sanitation DiSlrict and South Englewood Sanitauon District customers, wn h ,merest: and WHEREAS. Sou ,, .rapahoe Saoilation District will deposit the funds with the City of ewood and the City, as the bolling pany. will administer the refund process: 'IOW. THEREFORE, BE IT ORDA INED BY THE CITY COUNCIL OF THE CITY OF ...NGLEWOOD, COLORADO, AS FOLLOWS: ~-The Ci1y Council of the Ctty of Englewood, Colorado hereby authorizes entering into an Intergovernmental Agrc:cmcnt between the South Arapahoe Sam111ion District , Southgate Sarutation Distric1, South Englewood Sanitatton District and the City vi Englewood pcnatning to the reimbursemenl of over cbarg~ Sanitation Fees by South Arapahoe Sanitation District 10 the Southgate Sanitation District and South Englcwocd Sanitation District customers, auached here!o as Allachmcnt I, ~ TI1c Mayor 1s authorized 10 e~ccu1e and 1hc Ci1y Clerk to anrst and sc~I the ln1crgoven .mcntal Ab'fCCfflCIII for md on behalf of the City of Englewood , Colorado. IJ11roduced, rend in full. and pas ed on first reading on !he !2nd day of January, 200 . Published as a Bill far an Ordinance on the 15°" day of January, 2008 . James K. Woodward. Mayor ATTEST : Loucrishio A. Ellis. Ci ty Clerk I, Loucrishia A. Ellis, City Clerk of the Ci ty of Englewood , Colorado. hereby cenia'y 1h011hc abo ve and foregoing is n true copy of o Bill for an Ordinance. in1roduced, rend In full, nnd po sscd on first reading on 1hc 22 nd dny of January, 2008. Loucri•hia A. Ellis • • • • • • TIIIS i\CRC EME:"ff entered 11110 w11h an cffoct1ve duic of J:mu~ry I , WO~. by :ind b~twccn 1he SOUT II All-\l'1UIOC SAN11 A TIUN DISTRICT, a Colorado spcct.11 tl1~tric1 01crc11rnfi.:r "SASD"), the C:ITY OF liNGLEWOOll, a Colorndo 111unic1pal corporat1on (hcrcmafler!hc "City"), SOUTIIC';J\TE SANITAT ION u1s·1 Iller, a Colc-:-:ido spccml d1.irict 01creinaftcr"S011thg11te"), niul SOUTII ENC:LEWOOD SANITATION fl lSTRICT (hereinafter "South Englewood") (collccuvcly, 1he •ran1cs'l WITNESSETJI: WIIEREAS, SASD and the Cny have an ammgement whereby the City bills and collr-cts S/\SD annual customer service charges, and remits !he c<'llectcd amounts lo SASD nt sp::c1ficd times throughout the year, and WHEREAS , from the years 1999 through 2007, mclusivc, service charses for SASD were inadveMntl)• collected from the residential properties listed on the attached Exhibit /\ (th: "Southgate Properties") which arc not located within SASD's bour.dnries, and arc in fact locatcrl 1,•1thin Soulhple, and WOERF>I.S, from the years 1999 through 2007, mclusive, service charges for SASD wer~ inadvertently collected from the residential prope1tics listed on the altacbed Exhibit B (the "South Englewood l'ropcrt1es") which arc not lo:atcd wuhin SA&D's boundaries, and ~re in foci loc1•:cd within South Englewood; and WHEREAS, the City has n similar arrJngemc111 for the billing anti coll•.cuou of Southgate•~ and South Englewood's annual service clmrgcs, nncl hus not bi lied or collected the Sou1hgote charges from the Somhgatc Properties, 01 the S-1uth Englewood charges from the South Englewood Propcrt,cs; and WIIEIH:AS, So111hga1c's and Suuth Englewood's annual service rhurgcs arc lower than SAS D's service chargr with the r.:..~uh that the owners oftl1e Sou1hgatc 1'1 ,pertics and South Euglcwoud Properties lmvc been overcharge.! fur bCWCI scrvi.:cs tlurini; the ti111c ubo1·c- refc1 en ·t1I; and WIICRllAS, the l\1rt1cs w1;,h lo resolve tl11~ ma lier so thnt a) the owners of the So11thga1c l'w11c1t1cs un•l South Englewood l'ropc1tics nrc refunded the amouuts overcharged, b) Southg:ite and So11tl1 Englewood arc reimbursed for their u11cnllcctcd ~~rvic« chnrgcs from the Southgutc Propc,tics und SouU1 Englewood Properties; nnd WI IEREAS, SASD has cnlculatcd the amounl of the refund due the o vners of each of the Southgnlc Propc11ics and S0111h Englcwo~d l'ropc1ties ond to Southgate and South Ene,lewood, and m total, mcluding mtcn:st b; scd upon the rates camcd by SASD on the A T T A C I •I T c. i:rc! •. ,~J;;C'~ t.lu:-111~ 1f1r: tamt::s 111 q.J-11 •n w1 u.1 .1::1 , .. r,t; :..1e ~le; mclud.:d m t!i::-.1tt11 .. h:.!,I :: ,l11bn A and ",hib1t li n: pt", tivc:y, ano \\I I EltCA <;, 1he City, Sou:!1i:,,te, Jnd Sou:h E:igle·.vN>d hJ\'e rericwcd fal11b1t A ,md [ .h1b,t ll nn,I rnn~u. J ·heir c11,11 m;.,1d1 nnJ agree thnt SASD's ~alcul,1iu11, ,.:-:: accur,nc an.I l:-":<l upon .1ppr •1ni,11e a•sumptio:·~ :md prmc1plcs. ,'I/OW, I II El<l l om., in c,•IL\ldcrJtion oflhe fo.•s ~ct forth ,IIW\'C anJ the mutual C< vcnlnlS, tcm1s, ond co11d1t1ons ,c: forth below, the Parties 10 !111s Ai;,e.:mcnt ni;1cc a., full,,w ... I. SASn to Pny Sou•11gnt · SASD \\11! Jcliver a check to Sotithgatc nn or nbout D:ccmhcr '.!0, 2007, in th, .,. ,r,. :f. \,·n and eighl one-hundredths d~llars ($7.08) m ful l ~n,I fianl settlement of nll amount., c , •, •t1· in connection with this matter. 2. SAS D to l':1y So ut h Eng lewood: SASD will deliver a check to South Englewood on or about December 20, 2007, in the amou nt of two hundred seventy-ni ne nnd four one-l111ndrcdtl1 s dollars ($279.04) in full and final settlement ,,fall amounts clue South Englewood in co nnection wi•h this matter. 3. SAS!) to Deposit f1111ds: SASD will deliver a check to the C it ; :;in or about January 20, :?00S, in th e amount of three Lliousnnd eight hundred eighty-four and forty-two one hundredths dollars ($3.~84.42), (the "Funds"). rcpn,scnting three thousand three hundred ,ixty- ,:x nnd twenty-five one hundredths dolln~ ($3,366.25) as the totnl amount lo be rcfu ndc<l to !he owners of l11e Soul11gntc Pmpert1cs, including interest thereon through January 20, 2008, and fi"=•hundred eighteen und seventeen one-hundredths dollars ($518.17) as the total nmount 10 he re:Jnded to the cw . , of th, South Englewood Properties, including mtcrest thereon through fanunry 20, '.!008 . , he Funds wilt be paid in trust, to be disbursed by Ilic Cu y in nccordnnce with the tcmlS hereof ·rc111nf\cr, when rcfl ring to bolh the Southgate l'rorc111e.~ and the South Englewood Prop<:n,cs the tcnn "Jlrc,pertie~" shall be u«·d. 3. CU) to hn11lcmc11t llcimh11rse111en t: Subject to the tcnns .ind condnions ,e1 fl':1h in tins Ai;r~cmcnt, the City shall, .11 11s own sole cost and expense, 1mplemc11t and ;1<!rni111ster all a·;pcclS of the disbursc111c11t c,ftbe Funcls to lhe owners of the l'ropert1cs. Such im;,lcmcntntion and mlministr.itiun shall mdm'c wtthout limitation the follow ing duties :incl t;i. l.s :i. Oclcrminatwn of the com· t allocauon of the refund due for c.1ch of the 1'1 upc111cs 1111,oni• the r11rre11t 11ml fonner owners '1c11,,,f. b. Individual, u1rL'Ct 1mtilic.1tion to nll current and past owners of any ufthc l'ropc1tics at the Inst known service uml/or bill ing address of each owner within the time period set forth nh1wc that the Funds are ovnilob lc and the procedure and requi rements to obtai n rtim1bursc111 c11t, inclu ding n11proprfatc proof of ownership and the im u.11 date of owners hip. ·n1c • • City shn ll hnvc nn obligati on lo scn1e h for or oihc rwisc determine the current ma iling nddrcss of • 111:y lbm1c1 3w11cr of nny o f the Pro1,c1t1cs. 2 • • • c Pi:"hc.:1on of such no:ict by any =0•1~0 1 ~:c~ •~ It :s ngre::o th:ll p:.ibhrauon will be 1he oi,:y means of no::!i.;auon of fonucr owner :, "' y of :he PrC1p:rt1es, 01hcr 1h,111 mailing to the :ast 1:nown address ns ;,bovc provided. d. D::::rn1:na11on of :m Jppropnate r~imburs:~:cnt p;t ·ocol, mcludmg withou t l11m:at1on pro,1sion fo1 obtaini ng a 1deasc of claims fo, the p-.. . .i on of the City and SASD priorto the issum1cc of any check or other d1shurscmcnt cl'"'> -J'>ds. Such protocc,I shall he submitted to and appro ved by SASD, Southgat~. and South Enrlc .• 1•c,od 1in• ,f to 1mplemcntation. c. Disbu:·::emcnl of Pt.~rl s in aceo J ice with the app rcwcd protocol. f. Maintcitance of accounts showing thr disposition of the Funds, nnd rcponmg the sta1us of the accounts to SASO, Southgate, and South Englewood no less often than monthly. g. Keeping SASD, Southgate, and South Englewood apprised of an)' issues and conrems thnt arise during the implem entation of the re imbursement protoco l, or in connection with the City's duties hereunder. 4. Additional Interest: Immediately upon receipt oftbe Funds, the Cit)' shall deposit nnd hold the Funds in an interest-bearing account and a proportionate share of the interest earned thereon shall be added to the amount of each reimbursement check paid pur,uant 1,, llus Agreement, as of the date of such check. 5, Tcr111l11ation or Reimburs ement l'rogrn m and Disposition or Undi stributed Fu nd s: The City shall hold the Fund. and reimburse eligible panics pursuant to the approved rci:nbursement protocol until a date one year from the date of pubhcation of notice as provided in subsection 3.c, above, after which time the City shall tum over any remaining funds lo the State of Colorado in accordance with the provisions of the Unclaimed Property Act, C.R.S § 38- 13-101, Cl seq. 6, Enforccmcut/Remcd ics/Vc nu e: 111c terms and conditions of this Agreement may be enforced through judicial action brought in a coun of competent Jurisdiction. Avai lable n:im:die~ includi, specific pe1fo1111unce, al~1oui:h the 1espcctiv.: Pnrt1e:. each c~p1c:s:.ly wuiv" any right 10 consequentia l, exemplary or punitive damages against the other Parties individually and collectively. The prcvnil ing party to any judicial acti nn brought sha ll be entitled to recover reasonable attorney's fees and court costs from tbe other party. Venue for any judicial ,1ction shall be exclus1vcly in District Coun for Ar:1pahoe County, Colorado. 7. Se lll cmcnt of Claims : ·nirough the Parties' pcrfomiancc of Ute tenns set forth herein, all claims any Party may have against any other Pany with respect to the overcharge of U1e Propcnics and the failure to collect and remit Southgate's and South Englewood's sewer ch arge nre hereby stip ulated to be settled, a11d each Party agrees hereby lo release, acquit, nnd forever discharge nny and all such clanns upon full and faithful pcrfonnancc of the tcm1s of this Agreement. S. l'nrtic1' I i:ohilitic, "-11th111i; in thLs '.grce:ncm s h.,:! be ~on;tn:•d or 11.terprrt" l ;u a "~1,·cr ur any pro1·1 :ion of the Colm a.Jo <itw"m:nental lmmur.::y A~t. sections 1.: I 0-IOI " seq , 01 the C'ul, ,rado R ed S:arutcs. ?. lnl1•i:r:,tin 11: Amrudn1cnts 1 his Ai:r::m,ut" mtt-nded as tlll CM1plc1c 11;tct:ralinn or all u11d•·1.-1:0111lmr• h~IWL'CR the r.i:~:.,. :,-Jo prior r)r contcmpur:mcL>llS ~dd,11011, .Jelc1,on or udtcr amcndmont hc1ctu ,,hall ha1·e a11y force or effect whatsoever, unless c111huJ1 1·,I herein in wnting. No subscqucnl udd1 uon, deletion, or other amendment hereto ~hall have any force or effect unlc.ss c111hod11:d III a "'ntti:11 mncmblory agreement CXCC'Jlcd by the Pamc.s. I 0. Third-Pu, t)' Ucn cnci:uy It 1s the mt~nl of th e l'arties 1hat no third pa,ty beneficiary interest 1s created III tins Ai;rcemeut, and spcc1fica lly tliat no fom1er or current owacr of any or the Properties shall have stand ing lCI enforce this Agreement 11. Fir111 11cl11l Ohllgutions: Notwithstanding the fact lhat the City's performance ob lign1 ions will pcrsisl through more tilian one fi sca l )~~r. all of the costs except incidental bookkeeping and ndnuni strnl ivc COSIS are nnu cipated to be complete within 2008 . This Agreement is not intcnciccl lo crcnlc a multiple-fiscal )'ear direct or indirect deb t or finan cial c•bligution of u.ny !'arty. • 12. No Pmonn l Linhility: No elected official, directar, office r, agcn1 or employee • ur any Porty shn ll be chargccl personally or held contractually liable by or to any other party under any term or provision of 1h1s Agreement or because of any breach thereof or because or 11s or their exccu11on, approval or nncmptL'<l execution or this Ai;rc~mcnt 13 Pnrugra11h I fcnclin:;s : Titc paragraph headings are insl'rtcd herein only as a mailer of convcmcncc and for reference and m no wa)' arc intended to be a part ofth1s Ai;recmcnl or lo define, limit ,,r describe tl1e SCf>pe or intent of this Agreement or the pamcular pJrngr:11>11> hereof to wluch tl1cy refer. 14 , L1•~11l Anthorlty: ne I' .ons signmg and executing tlus Agn:emclll on bdulf 11f C'.>, h of tl1c 1'.1111cs, do hc1chy stute and Jffinn th:11 they have been fully aulho11zcd 10 cxc-cutc tins Apccment un behalf or the l'arty they represent, and to l'ahdly and legally b111d the l'arty they a·prcscnt, tO all the t. 11ns, pcrfonnance.1, ;md 11rovts1011s herein set forth. 15. C'o1111tcrp11rt1 : 111is Agreement may be cxccut·d III three (3) cc111nlcll)arts, c.1d1 of which .,h;,11 Ix: dccmcJ to he an original, but all of winch shall together constitute one a111l the same doc11111c11t. !Th~ rcma int lcr or lh o page dcll hcrnl clJ• left blnuk. Signa lnrc 1Jlorl1 st arts ou next 1rngc.J 4 • • • • I, \\'IT 'E S WIIEREOI • · h c,f the Pan1e-has r · • cffecu vc on the da1c a!-c1 \·c \\1 1ltco i\Tff:, .. T: Gerry Chartrand Tille : s~ rctnry i.TTE T: By: ,,---,c:--,------- C11y Clerk -Loucrishia A. Ell is ATTEST: Title : ________ _ ATTE T: Title : OUTH ARAPA IIO , A. 'IT/\TIO~ DISTfU By: --c------c=-:-:--------- S1even Daldegan President, Bonrd of Directors ~ITY OF E GLEWOOD By: ___ -:-:-------- Mayar -James I<. Woo cl warcl OUTHGATE 'lTATIO DI RICT By. __________ _ Presidt"Dt, Board of Din.-c torn IFru E GLEWOOD A. 1\1101 DISTRI By : _________ _ Pnidcnt, Board of Dircclora • • &OUTl➔ ... "-","'•m-~ So\Ulli,f.110:-J Oi9Trucr I bi-o.t,l'IC: AOorti,-, j5olt]'9•t•I Chws~tr,~ • 1 .• -=~~ .... ....,,.--.-..;,,;.;:...,..,+r='--r"':-----.,;;:;;;:.---r,:;;r,;r-.-,:.i-,c-T~TT'irn;,-,c=i;l,i,,--. "inz-.-~;,,-.,.:,;c;:;,,,--,..:.;,;,,-.,,..:.""·~•-.-;ri;~,-~m:P.e;;m'+r~~;:;;.i ~Jt.~Oue •~2 p._.1c.11 T"otll o..-n SOU'h;:a ilt2.C ~ ... .,.~ n..111 l.ess=~-..n:du9ff91',I~ ~ l h1du•~(lremlSuU"..r9a1-~ ,.__ __ ...._ ___ .. • Account Hausa tlumber No. Stfffl .!0201059102 5910 s Ogdon Ct s ,_ ~ s , ~.18W,. 5161, 2003 2007 -$168.~ 2.23 25 73 2.23 $214.35 • "El'.HIBI T B" SOUTH ARAPAHOE SANITATION DISTRICT Non-Oi:slnc;t Addr9:8H■ (Soulh Englmwod) Charged by Eng--,;:iod Average lntere,;t Rates 5U1'>o 3.01% 1j(J% 110% 116% 1006 2005 2004 2003 2002 S 84.68 5 96.17 S69.47 S8843 S52.15 2351 12.12 3.115 2.33 246 $1011.19 $1C8.29 Sh.AZ 590.76 S 54.61 'J.9-!J.G,_ 6.06,, .C..6o% 2001 20~0 19:9 5211.66 $39.48 S36.79 378 351 osg $32M $42.H ~37.68 2.23 S2U.35 5108.19 S108.29 ~93.42 S9(1_76 S5<.61 i32U S42.99 S37.Ga Soulh Englewood Soulh Englewood Interest Total duo le, South Eng lewood Pa,;o 1 ol I • lua· Payn;onls ~o Amount due 1.0 be reh.!:'lda':i SJ EnQt-ir.,ooc:s lo ~ff".:=G•:. jA•! .s 26679 s 437.66 69..51 $ 266.79 f 518.17 s 266.rn s S18.17 s 286.79 12 25 s 2.7904 • • • CO UNCIL COMM UNICATION Date: Agenda llem: Subject: January 22, 2007 11 a ii CoWAR'-1 Mutual Aid and As~istance Agreement lniti,1ted By: I Slaff Source: Utilities Depa rtment StewMt H, Fonda, Director of Ut,i!ti es COUNCIL COAL AND PREVIO US COUNCIL ACTION None . RECOMMENDED ACTION The Water and Sewer Board, at their Janua,y 8, 2007 meeting. recommended City Council adopt a Bill for an Ordinance app roving the Colo rado's Water/Wastewater Agency Response Network (CoWARN) Mu tual Aid and Assistance Agreement. BACKGROUND, ANALYSI S, ANO ALTERNATIVES IDENTIFIED The Colorado Water and . ;tewater Agency Response Nel\,ork (CoWARN) is a network fo r municipal utilities departmenis to liel p othe r utilities dep artments during emergencies. CoWARN would provide a method for water and wastewater uolllles that have sustained or anticipate damages to recehe lntrast.1te assista nce in a timely man ner. Pa rti cipa nts can then receive or provide support in the form of personnel, equlpmenl materials and other services. CoWAR N was e.tablished because in past disas ters, It was discovered that municipal uUlitles operations are a specialized field \\1th special requirements and the entity In need must be self• suftlc:le nt until th e arrival ol other government ai d. CoWARN enables quick response time at local and state le, ~Is of government during natural and human caused events. FI NANCIAL IMPACT The responding part, would provide an itemized bill within 90 days to the requesllng member for expenses incurred lor prov idi ng assista nce. The re qu~stlng member must pay the bill In full within -15 days following the billing. Any unpaid bills will a~crne interest at the bank prime loan rate. UST OF ATTACHMENTS Bill ior an Ordinance • • • . . 4. I l ORDINANCE NO. SERIES OF 2008 l!Y •\L'THORm· COUNCU. BILL NO . 5 C,,,'TRODCCEDBYCOUNC1L MEMBER ____ _ ABO..LFOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) EITTITLED"<'OLORADO'S WATEF.IWASTEWATER AGENCY RESPONSE NET\\<ORK (CoWARN) r-,,. t UAL AID AND ASS ISTANCE AGREEMENT' BETWEEN MUN!CIPAL UTILITIES DEPARTMENTS TO HELP MEMBER UTILlTIES DEPARTMENTS DURJNG EMERGENCIE~ \VI IEREAS. the Colorado Water and Wastewater Agency Response Network (Co\V ARN) 1s a network for municipal utilities dcpanments and pnl'ate Water and Wastewater U1tlities fonncd 111 help member utility dep3nmen1s before, during and nfter an emergency: and WHEREAS, CoW ARN would pro,ide n method for water and wastewater utilities that tu,,·c sustained or anticipate damages to receive intrastate nssistnnce in a timely mnnn.,r: and WHEREAS. CoW ARN was established bccalll,C m past disasters, 11 was d,scol'crcd that municipal utilities operations arc a ,pecializcd field with s~'Cial requirements and the entity Ill need must be self-sufficient un1tl the anfoil of olhcr govmuncnt aid; and WHEREAS. CoW ARN enables quick response time at local and state leve ls of government during rumual ond human caused cvenrs: and WHEREAS. CoW ARN recogllizcs that i,n,crgcncies may require assistance in the form of pcrsonnc,. equipment and supplies from outside the area of unpac1, the signntory uti l111cs established Co WARN; and WHEREAS, through Co\V ARN. members coordinate response actl\ nics and share resources during emergencies: and WHEREAS. the passage of thts Ordinance allows the Cny of Englewood, Colorado to join this network of mun icipal utilities dernn mcnts nnd other utility dcpanmen ts duri ng emergencies enabling quick response time at loco I and state le, els of government dunng natural nnd human caused cmergcnc1ts; NOW. I IIERf.FORE. BE rr ORDAINED BY THE CITY COUNCIL OF Tl IC CITY OF ENGi I \\'00D, COLORADO. AS FOLLOWS : ~-The Cny Council of Englewood, Colorado. hereby approves lhc lntergo, emmental Agrci,n1en1 i,n111lcd '"Colorado's Water/Wastewater A.gency Rcspos,e Network (Co WARN) Mutual Ald and Assistance Agreement" for mutual aid and assistance during emergencies, a copy of which is attached hereto as Exhibit A ~ l'hc Mayor 1s hereby authorized to sign and the City Clerk to an.st said Co WARN Mutual Aid nnd Assi<tance Agrccmc:nt for and on behalf of the City of Engle\\ ood, Introduced. read in full. and J>3Sscd un first rcadins on tlie 22"' day of Hr.Wll)', 2008. PuMished as a Bill for an Ordinance OI' the 2s• da) of JanU3f), 2008 , Mayor ATTEST: Loucrishia A. Ellis. City C!.rk I, Loucrishia A. Ellis, Coty Clerk of the City of Englewood, Colorado, hereby cenify that the above and forei;oing is n true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 22nd day of January, 2008. Loucrishia A. Ellis • • • • • • Colorado 's Water/Wastewater Ag ency Response Network (CoWAR ~) Mutual Aid and Assistance Agreement T'lis Agreement Is made and entered Into by pubrrc and pm,ate Water and Wastewater Utilities that have, by e~ecuting this Agreement, manifested their Intent lo participate In Co lorado's Waler/Wastewater Agency Respons~ Network (CoWARN). This Agr-~me,it Is authorized under Sections 24·32·2113 ond 24 ·11 0-101 , et seq,, of the ColorJdo Revised StoMtS. ARTICLE I. f.!IBfQg Recognizing that emergend~ may require asslstance ln the form of personnel, equipment, and supplies from ouiside the area of Impact, the signatory utilille~ established CoWARN. Through CoWARN, Members coordinate response activities and sha re resources during eme rgencies. This Agreement seis forth the procedures and ' standards for the adm,nlstrat,on 01 CoWARN. ARTICLEll. PEFINITTONS A, Emergency-A natural or manmade event that Is, or Is likely to be, beyond the control of the !;e™ces, personnel, equipment. and faciliUes of a Member. A shortage of untreated (raw) water, ~ dedlne In well yields, or inadequate capaoty for treatment or der.very of treated water IS not an Emergency. B. Member-Any public or private Water or Wastewater Utility :hat manifests ,nten l to partrdpale In CoWARN by executing tt,is Agreement. C. Authorized Official-An emplO')'ee of a Member that is alJthorized by the Member's governing board or managt>ment to request assistance or offer assistance under this Agreement. 0. Requesting Member-A Member who requests ass,~tance under CoWARN. E. Responding Member A Member that responds to a request for assrstance under CoWARN. F. Period of Assistance-A speofied period of time when a Responding Member assists a Requesting Member. ,71e period commences when persorn1el, equipment, or supplies depart from a Responding Member's facility and ends wnen the rl'SOUrces return to the11 foc:1hty (por1al tn portal). All protl!Ctions Identified ,., the Agreement apply during this period. The ~,fi,-d re-•od ot AssJStanre may occur «luring rs'SJ)Orise to or rec01,ery from an Emergency, as prevlou<;Jy dPfif'l<?d. G. National lnrldent Management System (NIM S)-A national, ~tandardlzed dpproach to Incident mJnagement and response that sets unilonn processes a,ld procedures for emergency r~ operations. http;//www.fema gowemcrgency/njms/iooex.sfJtm ARTICLE III. AD MINISTRATIO N CGWARN $!all be administered through Regional Committees and a Statewide Committee. The purpose of ~ Regional Com mittee is to provlce local co1,rdlnation of CoWARN before, during, and after an Emergency. The Statewide Committee l'lill estabnsh the regions pursuant to Its Bylaws, Eec~ Regional Committee, under the P.evr>ed 11/26/07 le.1d'?l'Sll1p of ilf1 clc!:ted Oia,rperson, shan meet al '1!ast annually to address CoWARN issues and 10 review • Emergency pre;iaredriess and ,-.;;,orse procedures. The ~ of eil<h RegiOnal Committtt ,, presents hb,'hcr Reg,ondl Commrttee's interests on the Stale1•~de Committee. In adoit!on to representing the Interests of the Membef';, the State-,ide Com:nittee inducles representatives from the Colorado Department or Publlc Health and EnJironment. the Rocky Mountain Section of the Amencan Water Works Association, the Rocky Mounl,aln Water Environmi:fll AssoclalJOn, the Colorado Rural Water Association, the Rural Community Assistance Parmersh1p, and the Colorado Departll1ent of Local Affair5 Division of Er:ie<gency Management PursU31ll to ils By'aws, the Statewide Committee may vote lo lndude representatives from add,tiOnal o:garmtions. Under the leadership of the Chakper-..on, the Statewide Committee members shall plan and coordinate Emergency plann,ng and response actJvil1es fo1 CoWARN. ARTICLE IV. REQUESTS FOR ASSISTANCE A. Member Contl!Cts: Upon execution of this Agreement. Members shaU identrfy an Authori2ed Official and altemates, provide comact information indud''1!j 2Hioor access, and maintain resource information made available by the Member fa mutual aid and assistance response. The Regional Committee Chairperson shall rraintain a list of all Members in the respecti\le region and lh;i~ contact information. The Sl.1te\Yide Committee Cllairper<on shall maintain a master list of all Member.i of r.tJWAAfl and t.hrir conll!ct lnformabon, 1-mktr s, n be avaITable to Members at www.cowam.org. B. Requests for Assistance: In the event of an Emergency, a Member's f,uthorized Offlcial may request mulual aid and assistance from partidpating Membe-s. RMlests for assistance can be made aally or in wnbng. When made orally, the request for personnel, equi~· ,ient. and supplies shall be prepared In writing as soon as pracbcable. Requests for assistllnce shaft be directed to the Authonzed Officials of the particrpa:Jng Members. The Requesting Member shall pr0llide the participating Members v,ilh the following • information: 1. a general descnpaon or the damage sustained; 2. the part of the water/wastewater S)'Stfrn for wtlich asslstlnce JS needed; 3. the amount and type of personnel, equipment, materials, and supplies nc .:ded and a reasonable estimate of the length rl time they 'Nil be needed; 4. the present weiilher conditions and the forecast for lhe next twenty-four (24) hours; 5. a specific lime and place for a represent,tr;e of the Requesting Member to meet the pe,somel and equipment of the Respoodlng Member(s); and li. the ld!!rRiflcation of wor1c concfitions and~ constraints, such as avaiability of fuel !lJl)plies, lodglrg/meal suppat, medical~. seamy, com;m.ncations, etc. C. Response co a Request for Assistilflce: Alta a Member receM?S a request for as51stance, the Authorized Official evaluates whether resources are available to respond to the request for assostance. Following lhc evalualiln, the Authorized OlflClill shall dorm, dS soon as posgble, the Reouestlng Member whether It has the resources to respond. If a MembE,r Is willing and able '.!> provide assistance, the Member sha~ provide the Reqoest;ng Member wrth the folowing Information: l. a complete desa111Uon of the personnel, equipment and matertals to be fooishec. to ttie Requesting Memk;; 2. the estimated length of time \tie personnel, equipment and matetfals will be a\lclllo!, ; 3. the work experience and abWty 'Jf the reinvlf!I and the capablffty d the equipment to be furnished; Revised 11126/111 • • 4. ·he nall'e of tr,e puw, or p<,rsons to t-c dc<-"':Jr,ated as 5'JP'?'VtSQr\' ~rsoenf'/; 3110 5. the ~imal"CI 1,me w~en the assist.ante provided w,11 amve ;it the locaoon d~gnated !J\· the Authorized Official of the Requesting Member. :,_ (),scre:,on of Resporiding Nen1jer"s Author,:ed Official: E.,ecut10n c;I •h,,; Agreement does not cr•lte any d.!lJ.Y~~~ When a Mcmoc-r recewes a request for assistance, the Authorized Official shall have absolute di~oetion as to the ava,lab,hty of re;ources. An Authorized Official's ,1eclsions on the availability of resources shall be Rnal. ARTlCI.EV. RESPONDING MEMBER PERSONNEL AND EQUIPME NT A Nattonal lnddenl Management System (NIMS): When providing asslst"clnce uno '· this Agreement, the Requesting Member and Responding Member shall be organIled aod shall f\Jncllon ~nder NIMS 3. Control: The personnel and equipment of the Responding Member shall remain, at all times, under the direct supervision and ~onlrol of t/le designated superv,sory personnel of the Responding Member. In instances where only equ,pment is provided by the Responding Member, the ownership of said eqU1pment shall remain with the responding ••ember, and said equipment shall be rerumed 10 the Respo~ding Member immediately upon request. Representatives of the Requesting Member shall suggest work assignments and schedu les for the personne l of the Responding Member; however, the designated supervisory personnel of the Responding Member shall have tile exclusive responsibility and autho,ity for assigning ~,ark and estabClshing wooc schedules tor the p,.-rsonnef or the Responding Member. The designated supervisory personnel shall maInta,n daily personnel tune records and a log of equipment houi s, be responsible for the operation and maintenance of the equipment furnished by the Responding • Member, and report work progress to the RequeSllng Member. • C. Food and Shelter: The Requesting Member shall supply reasonable food and shelter for Responding Member personnel during the Period of Assistance. If the Requesting Member fails to provide food and r.helter for Responding Member personnel, the Responding Member's designated supervisor is authorized to secure the resources necessary to meet the needs of Its personnel. The cost for such resources must not exceed the stilt!! pe1 d,em rates for that area. The Requesung Member remains rcspon9ble fO! reimbursing the Responding Member for all costs assoaated with pro111dlng food and shelter, if the Requesting Member does not provide such resources. 0 C=munieotion: The Requesting Member shdU prollid< Pe ,ponding !'ember personnel 1•~lh rad10 t>qu1pment as available, or radio frequency information, 1 .. o,dcI to faclll:7te communications with local responders ,ind utility person nel. E St.:Jtus: Unle,;s otherl'llse p,ov,dcd by l~w, the Re~po11d111g Membe.--s on1eer.; and employees Ictam the same p11vlleges, lmmunlUcs, rights, duties, and benefits as provided In their respective Jurisdictions. F. Ucenses and Permits: To the extent permitted by law, Responding Member personnel wh!> hOld licenses, certificates, or permits evidPllOng professional mechanical, or other skfls shall be allowed to carry out activities and tasks relevant and related to their respective creden~als during the specified Period of Assista nce . G Right tr : 1',tht1ra,•:: The Respon'1ing M~r 1b!1r'5 AJlhomcd Official retains Lhe rig·1t to \\ithdraw some or .u • or its rt-sourres ?I any t,rne. Notice or ,ntentoo to w,thdraw must be comm~, cated to the Requ...~ng Member's Auth<mea Offi!:ial as l-OOn as possm!e. ARlla.EVI. COST REIMBURSEM ENT Unless otherwise mutu"lly agreed 1n whofp or n part the Requesting Member shall r~lmburse the Responding Member for e111:h o/ lhr follol•,,ng categoncs "' .osts incurred while prov,r1Jng aid a11d assistance during the specified Penod or Assistance. r.. A.>rsonnel: R~ponding Member p<?rsonnel are to be paid for work completed dunng a specified Period d; A~slstanre accord,ng to the terms provided 111 their employment contracts t • other condlUons cl c11ploynienl. The Responding Member desig nated supervisor(s) must keep accurate records of work ., •rformed by perronnel during the specified Period of Assist.Jnce. Requesting Member re1mbursement to tt-, Responding Member must consider all p(!f'sonr,p• costs, i,11.luding salaries or hourly wages, costs for n 'oge benefits, and Indirect costs. B. i::,;uipment: llie Respondln3 Mt!n,ber shall be reim bursed for the use of its equipment during the Period of Asslst.Jnce acco,ding to th, 5chedu le of Eq11ipmen t Rates established an d publlshe4 ~I' the Federal Emergency Management J\gency (FEMA), http://www.fema .gov/xls/goyernment/grantlp~. Rates for equi11ment not referenced on the FEMA Schedule of Equipmen t Rates shall be developed based on actual , ecovery of costs. C. Materials nnd Suppl/es: The Requesting Member must reimburse tne Responding Member in kind or at • actua l replacement cost, plus handling charges, for use of expendable or non-returnable supphes. The Responding Member must oot charge direct fees or rental charges to the Requesting Member for other supplies and reusable Items that are retumeci to the f<esponding Member In a -clean, damage-free condition. Reusable supplies that arP returned to the Responding Member with damage must be !teated as expendable suppl/es for purposes of cost reimbursement D. Payment Penod: The Responding Member must provide an itemized bm to the Requesting Member for all e>1penses It lncurrt.'d as a result or providing assistance under this Agreement The Responding Member must send the l1emzed bill riot later than ninety (90) days rollowing the end of the Period of Assistance. The Requesting Member must pay the bill in run on or before the forty-fifth (<15th) day follwdng the bi!Png date. Unpaid bl/ls become delinqueht on the forty-sixth {46th) day follo\ving the bllllng date, and, once dehnqoent, the bill accrues 1terest at the bdnk prime Joan rate, as reported In the fedPral Reserve Statistical Reli>ase H 15, http;/ll\-,..w.federa lreserye.aovlreleasP<IH15/upd;ne/, for the dat<' the request 1s made, plus two percent (2%) per annum, computed on an actual days/actual days basis. ARllCLEVIl. w imm. IN SURAN CE. AN D IMMUNITY Nolwlthstand1ng Attlcles V and VJ, each Member shall bear tt:ie risk ofits own actions, as It does with Its day- lo-day operations, and d<'lermine for 1~e:r what kinds of insurance, and In what amounts, 1e should cany. Not hing contained herein will CO{IStltute ,1 waiver by aoy Member of lhe provisions or tne Colbrado Governmental Immunity Act, C.R.S. § 24-10-W!, et seq. Revised l J/26/07 • • • • ARTICLE vm. SIGNATORIES In l'le c-.er.t .,fa c·.1m, dc11',a~d. auc.n, or prot£'t!dtng of 1•,ha1e,~r IJnd or nature .. 11smg out ol a <l)N:it'!d F~nod ()f ~si tanc~, tl!O!• Memb<>Js w',c, receive ·'ld prov,ae ,~s-stance :Jiall be 101.ny re:,po~1bfc for •nv iabil,ty, dJ og,:s, or costs ThJse l·lembc"rS 1•,t,.,se mvOl,ement ~ lhe su!iject transaction or .._,Jrr"'1te .., limited to ex~-cutJon of th,s Agreement sh.ill r.ave oo hab,1 -;:y or respons,b<!ity ,·,1iatsoevcr for any such ck1,m, :ictoon, dl?fl'and, or othet proc..«fir19. ARTICLE IX. NOTICE A Member that becomes J"dre of a cla,m or suit that "' any way, direnly or indirc-cttv, cont,ng•ntly or othe wise, affects or might affrct other Members of lhlS Agreement sllall provide prompt and t,m•·ly notlr,i to the Memb<?rs that may be affected by lhe suit c,1 cla,m. Eadl Member reserves the nghl to participate In the d(>fe111e of such da1ms or suits as nece<..sary lo p,otea ,ts own interests. ARTICLE X. EFFECTIVE DATE AND TERM This Agreement shall be effective a~er the Member evecutes l~e Agreement and the applocable Regional Comnilllec Cha irperson rcrelves the Agreement. This Agreement 1hall continue In force and remain binding on each and every Member until December 31 st of 2027, This Agreement may be renewed for a period of twenty years upon tfle s,gnat ure of those Members who wish to participate. Any Member may terrmnate its pa,tic1patlon In this Agreement pursuant to Article XI. ARTICLE Xl. WITHDRAWAL A ~1ember may withdraw from CoWAP.N by pr011(f,ng written notice of 1ts ,ncenr to withdraw to the applicable Regional Comm1t1ee Chairp<·n;on. Withdrawal tokes effect sn,ty (60) da\'5 after the Regional Committee Cha,rperst'n receives notice. A 1• .. thdraw1n9 Member also shall prov,de copies d the notlee of withdrawal to the Sllltew,de Chairperson and all Reg,onal Members. Withdrawal of paruc,patlon In CoWARN by a Member shall not affect the continued operotJOn of tlus Agreffllent between and among the rernainong Members. {.[?TICLEXU. MCJ DfFICATION No prOli,;ion of th•s Agreement may be modified, altered, or resunded by ind,"'<!ull rllmbcrs. Modifications to llus Aw.-ement may be due to rrogrammatic OJ)!'-ational changes to support the A .. •-ement. ModiflCiltlons requ11, a simple m.iior,ry vote o! Mcmb,>rs w>tl'l,n each reg,cn and .3 unarnmous .igre.:ment among the regions. The Stall'Wfde C<vnm,tt< •t Ch.:11,pcrson mu5t p<ovtdc written n(l{,ce to ~ft Mrmbe•~ i,f app,~ m11d1fica11ons to this Ag•l~mcnt. App,01,,::d mod,ficatlonS l~"-e effe(t s,,ty ,60) da,-s alter the d,,tc upm wh1rh oot,·c, 1< rnnt to thl: Mcmtx:rs. ARTICLE XCI. f!lli1.B.AGREEM E NTS This Agrlll.1nen t SllpcrsP.des all µrror ag,e~men ts between •~embers to the extent that such prior agreements are inconsistent wfth lhi s Ag,c,•mcnt. ARTICLE X::V. fBQlilll1l1Q.ttQli_fAB~IES AND ~SSIGN MENT OF RIGHTS/DUTIES Rwr.cd 11/?6/~7 This Agreement Is for the ~ole benefit of the Members, and no person or entity must have any rights undAr • this Agreement as a third-party beneficiary. Assignments or benefits and delegations of duties created by thi~ Agreement are prohibited and must be without effect. Now, therefore, In consideration of the covenants and obHgations set forth In this Agreement, the Water or Wastewater Utility listed here manifests its intent to be a Member of CoWARN by executing this Agreemen on this ___ day of ________ 20_. Water/Wast~water Utility: ________________________ _ By: _________________ _ rrtJe: __________________ _ Authorized Officials: Name: _______________ _ Phone: ___ _ Name: ________________ Phone: ________ _ Name: _____________ Phone: _________ _ Name: ________________ Phone: ________ _ 24-hour contact: ______________ Phone: ________ _ , . Revi!"-!d 11/26/07 •• (i • • • ORDINANCE NO. SERIES OF 2008 BY AUTHORITY COUNCIL BILL 1'0 3 IKTRODUCEO BY COU1'CI L MEMBER OAKLEY AN ORDL'IANCE AMENDING TITLE I. CHAPTER 6, SECTIONS I AND 2, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE REORGANlZA TION AND ESTABLISHMENT OF A FlRE DEPARTMENT AND A POLICE DEPARTMENT IN THE CITY OF ENGLEWOOD, COLORADO AND VARIOUS OTHER SECTIONS THAT REFERENCE SAFETY SERVICES. WHEREAS, 11:c j)assage of1h1s proposed Ordinance will dissol"e the Oepanment of Safely Services and re-establish a scpamte Police Oepanm,nt and a Fire Dcpann,ent for the City of Englewood, Colorado: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD. COLORADO, AS FOLLOWS : ~-The City Counci l of the City of Englewood. Colorad o hereby nu1hori1.cs amending Title 1, Chapter 6, Sect ion 1, of the Englewood Muni cipa l Code 2000 lo read as follows: 1-6-1: Oennltlons. SIC!ff or staff member: Includes the City Manager and assistants 10 the City Manager. dep:utmenl heads and any employee while acting m the capacity of City Manager or dcpanmen1 director. 1-6-2: Ocp1 t1mcn11l Org1nlutlon. A. The dcpanmcntal organi;,,alion 011~> r1:v shtll be dhid,-d under the C11y Manager into the following dep:utments : Comrnw1i1y Development Finance and Administmthe ~,cn•,c~ EiC£ Dg,wncm llwn:m Resources Information Technology L1bmry Scl"\·iccs Parks and Rccrcah on Police Pmwment Public Works S&r4t) Gef'•iees U1i111ies B. Reference 10 o dcpanmcnt director in this Code by any title other then set fonh in this Secti on ,hall be construed 10 refer 10 the dcpanment director as set fonh herein . -1- C. The Ci1y Manager may. on a 1c mpo ra ry basis , reassign du1ics and rcsp~ns ibilillcs 10 departments in the bes1 in1cres1s of the City . Sec tion 2. Tile City Council of th e City of Engl ewood , Co lora do hereby aut hori zes amend ing Ti1le I. Chapters 6-D: 6-E: 6-F: 6-G: 6-H: 6-1 : (,.J. of the Englewood Municipa l Code 2000 , by repea ling 1-6-1 EMC in its cmiret y and reenac ting the following to read os follows: ABII GJcE P FIRE PE=PABJMENI 1-6 D·J · Grocral Bc,pgo sil>ilitir s The Fire Drn anmenl shall oversee all fire related fup <·:ions includin g su nnression arevemion adminis1ration r·escuc and,,,,nmbulance seaices enforcement of regyJatOD' nmvisions fonnulate and comrol a baurdous ma,eci ?ls communitv reSMr l '•" nlao ond tmioio c The Fire Prnanment sboll also oversee al\ fu nc1ioos of1hs Bui ldir~ and Safety Divi sion. AR TICLED ,t;. DEPARTMENT OF H MAN R£ OURC ES l-6D£-1: General Responsibilities . Tile Departme nt ~f Human Resources sh~ll be responsible fo r all maners relating to: rec ru it ment and selection, organizational ,raini ng and development. compensation and class ification , employee and labo r rela tions. employee benefit and wellness programs, perso nnel policies and risk management. ART ICLE~ f. DEPARTM ENT OF INFORMATION TE CHNOLOGY 1-6E f ·I: General Responsibilities . Tile Depart menl of lnfonnation Technology shall be resJ)(lnsib le for info mllltio n technology and teleconununica tion issues. ARTI CLE J: {&. DEPARTM ENT OF LIBRARY SE RVICE i~M-1: General Responsibilitie s. Tile Depanmcnt of Library Services shal l operate the City's libraries and admi nister th e same in the interest of the entire commu nity. ARTI CLE G. 11. DEPARTME NT OF PARKS AND RECREATIO N 1-6G U-1: General Respon slblllt ies. The Depa rtm en1 of Parks and Rec rea tion shall provide recrea tio n programs and services utilizi ng the various rctreation facili ties in the communi ty and shall opera te and maintai n the golf course, ball fie lds, shelte r house s, playgro unds, beach, or any other open area owned and used by th e City devoted to or designated for ac tive or pass ive recreat iC'n. -2 - • • • 4.RIICJ EI POI ICf'. PECABIMtNJ: l-61 -1 · General Bc100P1ihiliJic, The Polisc Drnanmsm $hall o,·cmtJ.lll nolis, functiom mcludwg~ mYestisations admimstrn1ioo cgmmuoi1v cslntions traffic comm! and cods mfmcmrnt and crnnmuoicoillu,s And cssords ARTI CLE IJ J. DEPARTMENT OF PUBLIC WORKS 1-6U J-1: Grorral Responsibilities. The Dcp:inm<nt of Public Works shall be responsible for all matters relating 10 cons1n1ction. managem<nt, maintenance and opera tion of the physical propcnics of the City, including. 11ithou1 limitation. street and surfocc drainage maintenance. traffic sys tems. central giu-age facilities. engineering. :mJ huilding maintenance; the administration. design. inspection and coordination of the capital improvement progrnms of the City. as well as the contract admini s1r:11ion "ith reference to the review of spc,cificauons; the pro,·iding legal descriptions and surveys when necessary or required; providing estimates of value relating 10 rea l pmpeny and providing preliminary inves1ig111ions relatins 10 ownership ofland and buildm.1 Sllfcty. The Qo~aFIRloRl ef Safe!¥ S,Psioes sh•II e··ers•• ell pelieo filne11eRs. i110IYdi11g palfel. iR ea1iga1ieRs. the fo!m• • pohae KIN@. ail!niRisira1ieR, eommYR iti· nla1ie11s, epp01•tme,n efspeeiel (Mil -e,;il a11im11I aeatreh aed ell Ii,d f,rne11 0Hs, iReludiRg fil:IS]JJMSSiOA, f'Fe •en110R, • ,i151F81iBP t FeJe1:1e &IUI e,nhktl81~i!!i! Hfll'lees, et1r@Nl!fl1l'!RI er reg11l114 ef} pFO SsieRs. KIii ' .la1e oRd eeRtrol e he ... udeY5 H1&10Fials BB R11¥,lillhy respaR pleA. 1raiRing IIHd • aluRl.,Ri l &Rd ell eoRIF&I e8"'"1111110a1iell5. 11,e 111l es "Qiree10r of Saf:et¥ Sill ~eo," &ild "6&f<l4) SeP 10M Qire,1 er" e'" si,1eni·•·••s 1w1 "Chiefof Peliee", "PolieeCl\i< P'o "Chi efefFin ", &Ad "Fi,e Ck1el" re, el•~ ll!,deic the appliea~lo la 'Ol efthe S1a1 e oiGelerode &Rd He YRiud S1e1es 0f;>.,m1Aaa. ARTICLE .I i, DEPARTMENT OF UTILITIES 1-6.1,li;-1: Genera l RtsponslbUl!lu. The Depnnmcnt of Utilities shall be responsi'>lc for all matters relating 10 the managem<nt. mamtenancc. and opcmtion of the woter nnd sewer utilities, inc:luding s1onn drainage, and shall be responsible for all mnuers rcloti ng 10 the management. mnintcnancc. nnd operation of the Bi-City Westewnter Treatment Pion 1. -3 - Section 3. The Safety Services :)cpartmcnt shall be changed 10 Police Department in 1hc Englewood Municipa l Code :000. as follows: Title 2. Chapter I 0, Section I -"Code Enforcement Advisor)' Comm inee" Title 5, Chapter 3C. Section 2. Subsection B -"Officers to Search: Seizure. Arrest" Tit le 5. Chapter 9 -""Vehicle Wrecker and Towing Services ..... Tit le 5, Chapter 11, Section I -"Police and Fire Alarm System Requirements" Tit le 5, Chapter 15, Sections I and 4 -"Pawnbrokers a11d Secondhand Dealers" Tit le 5, Chapter 16, Sections I and 4, Paragraph H (2). lencr (ii)-"Automobi le Pawnbrokers" Title 7, Chapter 2, Section 4. Subsection I -"lost or Abandoned Property" Title 7, Chapter 6 (C). Section 6 -"Prohibition on the Open Carrying of Firearms" T itle 7, Chapter 7, Section 8 (Bl -;·Vehicle !de,ll ification Fees" Title 16. Chapter 5. Section 2 (A)-"Use-Specific Standards" Tit le 16, Chapter 11. Section 2 (B) -"Definition of Words. Tem,s. and Phrases" Section 4. The Safety Services Director shall be changed to Police Chief and/or Chief of Polic-e in the Englewood Mw,icipal Code 2000, as follows: Title 5, Chapter 11, Section I (C) -•·Police and Fire Alarm System Requ .remen1s" Tille 7. Chapter 2. Section 4, Subsection I -"lost or Abandoned Property" Section 5. The Safety Services Director shall be changed to "Fire Chief' and/or "Chief of Fire" in the Englewood Municipal Code 2000. as follows: Title 5, Chapter 10. Section 4. Subsection B (I) (b) · "Access Roads" and Subsec.ion C (4) \ii)-"Fire Protection" ~-fhe Safety Services Supplemental Disability Board shall be cha nged to the Police and Fire Supplemental Disability Board in Title 3, Chapter 5, Section 2, Subs,·ctions G, I, J and K and Title 3, Chapter 6, Section I, Subsection 2, G I J nnd K of the Encl.wood Municipal ,.. '<'e 2000. References to Division shall be changed to Department. Section 7. The Police Chief sl,311 address all issues related to th e Director of Safety Services in police contracts. The Fire Chief shall address all issues related to the Director of Safety Services in fire contract~. In circumstances where it is unclear whether the subject is that of police r,r fire th e City Mannger shall be designated and shall resolve all issu¢s to the contract. ~-11,e City ~fanager ,nail have authority to redesib'llate the d!Signee under the provisions of the Code where so referenced and in all ci rcumstances where a clear desib'llation is not ma-Je. the City Manager shall make the final determination. Section 9. Safety Clauses. The City Council hereby finds. determines, and declares th~t this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ord inane<: is necessary for the preservation of health and safety and for the protection of pu~lic convenience and welfare. The City Council further determine! that -4- • • • • • • 1hc Ord,n3nce bear. a ra11on.1I rclouoo 10 1he proper leg1sla1h·c obJ<el soui;h110 be /\b1a1ned. ~-Seym,bJ!jty. If nny clause. sen1cncc. paragraph. or pan of1h1s Onhnancc or the applicauon thereof 10 an) person or circums1anccs shall for an)' reason be adJudged by a coun of compc1cn1 Junsdic1ion in\'alid. such judgment shall not affect, 1,npair or 1n•-ahda1e the remainder oftlu• Ordinance or 11 applicauon 10 other persons or Clrclllll$1an ""\ ~ . Inconsis1en1 Ordinances. All olhcr Ordinances or ponions 1hercof 1nconsis1cn1 or conflictir.g with this Ordinance or any ponion hereof arc hereby repealed 10 1he e~1cn1 of •UCh inconsis1cncy or connic1. Ss£lli!n..U . E[ec) of repeal or modilica1ion. The repeal or modifica1ion of any provision of the Code of the Ci1y of Englewood by 1his Ordinance shall n01 release. cx1inguish. oiler, modify, or change in whole ,r in pan any penally, forfci1ure, or linbilily, ~i1her civil or criminal, which shall have been incurred under such provision, and each provision shall be 1rca1cd and held as s1ill remaining in force for 1he purposes ofsus1nining any and all proper actions. sui1s, proceedings. and pros<euliMs for lhe enforcemc m of the penally, forfcilurc. or liabili1y. as well as for the p, ose of ius1aining any judgmcn1, decree, or orde r which can or may be rcnJcrcd. cn1ercd. or made in such ac tions, sui1s. proceedings. or prosecu1ions. ln1rodt1~. read in full, and passed on firs1 reading on lhc 71h day of Jonua1y. 2008 . Publi shed as a Bill for an orc;nance on 1he I llh day of January. 2008. Read by t11lc and P3SsNI on fina, reading on the 12w.! day of January. 2008. Published by 1i1le as Ordinance No. _. Series of 1008. on the ].S" da)• of January. 2008 James K. Woodward. Ma)-or ATTEST· Loucrishia A. Ellis. C11y Clerk I. LoucrisniD A. Ellis, City Cleric of the Ci1y of Englewood. Colorndo, h~rcby cenify 1ha1 1hc above and foregoing is a 1rue copy of 1he Ordinance passed on final re.id in~ and putlishcd by 1illc ns Ordinance No._, Series of 2008. Loucrishia A. Ellis -5- • • • COUNCIL COMMUNICATION Date: I Agenda Item: lanua" 22 2007 11 c i I Subj ect: Granular Ac1i,a1ed Carbon Lease Agreement Initia ted By: Utilities Department I Slaff Source: Ste\, art H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved the GAC tGranular Activa1ed Carbon ) Lease Agreement wnh American Commonwealth Management Services, Inc. (ACMS) at their October 19, 1998 meeting, Council appro, ed a GAC lease Agreement with American Water Resource al their February 12, 2005 meeting. RECOMMENDED ACTION The Water and Sewer Board, at their lanuary 9, 1008 meeting, recommended City Council adopt a Res olution approving the GAC lease Agreement in th e amount of S2,450 per fil ter ior three fillers . BACKGROUND, ANALY SIS, AND ALTERNATIVES IDENTIFIED Seasonal algae events In the Allen Water T reatmenl Plant's raw wat•?r supplies lead 10 compla ints of musty tastes and odors from Englewood customers. Carbon filters have been used successfully for effec11ve taste and odor remo,al. The granular aelivat ed carbon removes the organic and Inorganic material 1, hlch causes the ta ste and odor problems. The GAC Is leased si nce ca rbon requires periodic regenPration and possibly correct disposal according to Colorado law. The existing ACMS lease Agreement has been providing these sel\ ices bu1 has expired. ACMS is no longer in existence, but 11s affiliated company, A.A.E.T. (American Anglian Environmental Technologies, LLC) has taken 0\ 11r that line of business. The ACMS 'A.A.E.T. GAC Lease Agreement, which began the fourth quarter of 1998 provides carbon for five filters, each requiring 2 700 cubic feel of GAC. The A.A.E.T. lease agreement provides for labor and equipmen t for 1he removal, regeneration and Installation Into th e filters a long with GAC testing every six months. Due to Increased cosl of fuel and increased ~.is ls for reactivation of the carbon, lhe parties wish to redo the lease agreement to provide for the incrt>ased expenses. The proposed increase over the existing cost Is SSOO per month for each filter, ma~ing replacement GAC for the three fillers $2,450 per month, per filter. To tal annual cost will be $88,200 . FINANC IAL IMPACT These increased expenses ha, e been budge1ed 10, in 2008 LIST Of ATTACHMENTS GAC Media Replacement Proposal Resolution • • • • • • ~ American ~Waters C~1bon Services Grou p December 12, 2007 Mr. Wilfiam McCOITTlick Superintendent of Water City of Englewood 1000 Englewood Parkway Englewood, CO 80110 RE : GAC Media Replacement Proposal-Fall 2007 Mr. McCormid<: The purpose of this letter is to confirm our pricing for the exchange of filters 2, 3, and 4 fo r this fall/winter of 200712008. American AngUan Environmental Technolog ies (AAET, LP). known as American Caltlon Services (ACS) is yout supplier of Activated Carbon and Reactiva1ion Servlces, have In their lnventOI)' a sufficient amount of GAC media, previously used by the City, to exchange one (1) of the three (3) fitters scheduled for exchange as noted In this letter. The spent GAC media from the three (3) filters will be Custom reactivated, screened to an 8' x 20' mesh , and placed either back into either filters 2 , 3 and 4 or placed in ACS inventory for the Cities Mure needs. Our price ID exctiange the (3) filters with Custom Readivated I Virgin GAC media blend wiU be $2,450.00 per filler. This price is effective starling on the 1111 day of the following month after the exchange of the noted three (3) filters . The terms and conditions of our curTent GAC Lease Agreement wll not ctiange and the te!Tll of the lease payments will stay at thirty equal payments over a thirty (30} month period. The start date of this Lease will be the 111 day of the new month following the exchange of filters 2, 3, and ◄. The increase in our price for these three (3) filters is a direct result of higher natural gas costs, diesel fuel prices, as well as the price we pay for virg in GAC used as makeup. ACS is sorty for this increase in our price but ciraJrnstances beyond our control forces this increase. I understand if you need to solicit other prices and I assure you that we wm remain your supplier gning forward. Please advise as lo your course of action or when th is work can commence and we will prep a schedule to complete these exchanges . A.A.E. T., LP (known as ACS) appreciates the 0PPortunlty to be of service to you and the City of Englewood. If you have any questions please give me a call. Very Truly Yours, ~----'N~i) IJ::~~ Fisher Managing Director Carbon Services Group • • • • • • RESOLlITTON NO. SERIES OF 2008 A RESOLlITTON AlITHORIZINO AN AMENDMEN l TO TIIE AGREEMENT FOR THF. LEASE OF THREE CARBON FILTERS FOR THE ALLEN \\'ATER TREATMENT PLANT. WHEREAS. seasonal algae C\'ents in 1he Allen Water Trca1mcn1 Pla..i·s raw water supphcs lead to complain1s of musty tastes and odors from Englewood customers: and WHEREAS, granular ac1iva1ed carbon (GAC) removes 1he organic ma1erial which causes 1he tas1c and odor problems and has been used successfully for effec1ive tas1c and odor removal: and WHEREAS. the granular acttvated carbon is leased because carbon requires periodic regeneration and correct disposal punuant 10 Colorndo law: and WHEREAS, the City Council oflhe CII)' of Englewood. Colorado awarded• negotiated Contrac1 for 1he lease of granular activa1ed cnrl)on filters in October 1998 for lhe Allen Waler Treatment Plant : and WHEREAS. in February of 2005 1hc Cily signed a Lease Agreement with American Anglian EnvirorunL'tllal Technologies, LLC (A.A.E.T .. LP). (formerly known as American Carbon Services and American Water Smiccs). for til'e granulnr acli\'alcd carb<>n (GAC) filters, including 1hc carbon and the scnicing concerning rcactiva1ion for n mon1hly fee: and WHEREAS. 1hc gninular actl\"Ulcd cnrbon lease agreement also prO\idcs for labor and equipmcn1 for lhe removal. regeneration and ins1alla1ion of 1he tillers along wi1h the pcnodic le.sling of1he filter medium: and WHEREAS. 1hc 2005 Agree ment allowed six one year tem1 renewals: and WIIEREAS. as o result of higher nnlural gas ond diesel fuel prices as well as 1he price for virgin GAC makeup. the cosls of exchanging 1hc GAC in lhrec of the filters will increase from SI ,950 per filler 10 S2.4SO per fi11cr monthly ror the falVwin1er of 200712008: and WI IEREAS. lhe panics wish 10 ornend 1he Lc-.ise Agrccmcnl 10 provide for lhc increased COSls for reacliva1ion of the carbon for three of1hc five filters: and WHEREAS, 1he passage of1his Resolu1ion wi ll amend the currcm Agrccmem 10 allow for 1hc r:icc inc!'Cllsc ofSSOO per momh for lhrcc of1he five tillers: NOW. THEREFORE. BE IT RFS, 11 'FD BY THE crrv COUNC IL OF THE cm· OF ENGLEWOOD, COLORADO.THAI . ~-TIie CII)' Council or the City of Englewood. Colorado hereby authorizes the p. ,e mcrcase forlhe .A E.T .. LP Lca5e Aym:mem forthcAIJcn WaterTreatmern Plam "s GAC fillers for three fillers from Sl.950 per filter per month to S2.450 per fiherpcr momh for the duration of the Leue. ADOPTED O APPROVED this 22nd day of January. ~00 . ATTEST: James K. Woodward, Mayor Lo ucris hia A. Ellis, City Clerk I, Lo ucris h.ln A. Ellis, City Cle rk for the City of Englewood, Colorado, hereby ce n ify the nbovc is a true copy or Resol ution o. __ • Series of 2008 . Loucrishia A. Ellis, City Clerk • • • • • COUNCIL COMMUNICATION Date: January 22. 1008 1 1\genda Item: 11 cli I Subject: Resolution to accept Big Ory Creek Trail Easements Initiated By: Staff Source : Department of Public Works Rick Kahm, Director COUNCIL GOAL AND PREVI OUS COUNC IL ACTION Council approved Ordinance No. 18, Series 2006 approving an lntergovemmental Agreement (IGA) wilh Urban Drainage and Flood Control District (UDFCD) regard ing funding participation by the District Council approved Ordinance No. 31, Serles 2006 authorizing a contract with the South Suburban Parks Foundation (SSPF) regarding their commitment to provide matching funds for the project Staff presented an update regarding the Right-of-Way status at the December 4, 2006 Study Session. Councll approved Resolution No. 83, Series 2007 concerning the Intent of the City to acquire neces1,ary easements for the Big Ory Creek Trail through the utilization of the City's power of eminent domain. RECOMME ND ED ACTION Staff recommends Cou ncil approve a Resolution accepting easements for the Big Ory Creek Trail between Lehow and Broadway. BACKG RO UND, ANALYS IS, AND ALTE RNATIVES IDENTIFIED Construction of the Big Dry Creek Trail through Englewood begnn In 1997. Seven segments of construction have been completed. The only remaining section within the City of Englewood is between Lehow and Broadway. Construction of this last segment ,viii complete the !lig Dry Creek Trail through the City of Englewood and provide a continuous link to the Mary Carter Greenway Trail al the Platte River {see attached aerial photo map), Th e South Suburban Parks Foundati on (SSPF) took the lead ro le In acquiring the necessary right-of• way for the trail S\'Stem. They successfully negotiated the acquisition of nineteen parcels of land between the Platte River and South Washington Street; however, they were not successful In negoti ating wltl two owners between Lehew and Broadway. The City received federal funding to assist with the construction of this trail system and we are o bligated to complete the missing link. In early 2005, It appeared negotlatlons with the two owners \\ere stalled and not likel\ to result in tlmely acquisil!on. Public Works staff, 1\ltl1 City Council • concurrence, ordered fonnal appraisals and the services of a professional negotiaung firm. lnfonnal negotiallons were not successful and our negotiator, H.C. Peck and Associates, recommended moving forward with the formal acquisition process. In Augus~ 2007, City Council approved a Resolution authorizing the use of Englewood ; power of emi nent domain, If necessary. Negotiations with the owner of the RWC parce l (Lehrer) proce e ded successfo lly without the need to file a Petition in Con demnati on. In November, 2007, the City 's co ndemnati on attorney, Corey Y. Hoffmann, Esq., recomme nded filing a Petition in Co ndemnation agains t the owners of the Li quor Control parcel (Meister). Subsequent to the filing, nego tiations with the Meister's, through their attorney, were successful. The negotiations were perfonned ir, good faith, per Colorado Revised Statue section 38-1·101, and have resulted In mutually acceptable agreements with both owners. The South Suburban Parlcs Foundation will be reimbursing Englewood for all costs associated with the acquisition, and they ha, e concurred with the final settlement The acquisition from the RWC Parcel (Lehrer) consists of two pennanent easements, one for the main trail and one for a ramp up to Broadway, along with one temporary easement to construct the ramp. The fair market value established for these three easements total $27,741. The final settlement agreement is for $50,000 (see the •Grant of Easement• contained in the attached Resolution). The acq uisition fro m the Liquor Control property (Me iste r) consists of one permanent easement fo r the main trail. The updated appraisal established a fai r market va lue of 554,361. The final settl ement agreement is for $99,500 (see attached ·final Rule and Order" in the Resolution). FI NANCIAL IMPACT Estimated costs to acquire the easements are as follows : RWCparcel Liquor Control parcel H.C. Peck (negotiator) Hayes, Phillips, Hoffman, and Carberry (attorney) Total S 50,000 99,500 10,755 _JQQQ $165,255 The UDFCD is contri buti ng SS0,000 toward these acquisitions (Ordinance No, 16, 2006). SSPF is paying for all other out of pocket costs, Including appraisals, negotiators, attorneys, easement puKhase, design, an~ construction of the trail system between Lehow and Broadway (Ordinance No. 31, 2006). LIST OF ATTACHMENTS Big Dry Creek Trail aerial photo map Resolution • • • • • RESOLUTION NO. SERIES OF 2008 A RESOLUTION APPROVING THE ACCEPTANCE OF EASEM8''1"S RELATED TO Tl IE BIG DRY CREEK BI CYCLE AND PEDESTRIAN TRAIL LOCATED BETWEEN LEHOW AVENUE ANDSROADWAY. WHEREAS. Ordinance No. 31. Scncs of 2006 authorized a Con1rnct regarding Jes,gn. casement acquisition and construcuon related 10 1he Big Dly Cttek Trail between the City of Englewood and South Suburban Parks foundation: and WHEREAS. in 1994 Englewood, Li11le1on 3.Jld South Subu:'ban Parks ~oundlltion cooperated m 1he preparation of a plan 10 install a bike trail along Big Dly Creek from the South Plane Rh·cr 10 the Highline Canal: and WHEREAS, o master plan was dc\'eloped wilh the proposed trail alignment: and WHEREAS, seven segments of eonsuuc1ion ha\'e taken place. completing 1he 1nil system from the Mary Carter Gttenway al the South Platte Rh-er 10 Lchow Avenue (Phase I); and WllERE,I.S. the segment from Lchow 10 Broadway (Phase II ) presented chllll cnges in obtaining right-of-way easements: and WHEREAS. the Englewood City Council authorized such acquisition of real property for the purpose of pro\'iding n mult i-use recrca1ional trail through 1he utilization of the City's power of eminent domain with the passage of Resolution No. 83. Series 2007: llld WHEREAS. the passage of 1lus Resolution authorizes the accc:p1ancc of 11:c l'hase 11 casements: (I) RWC, ltd [Leher] in which a Grant of Easement for a Bicycle and Pedestrian Trial was obtained by negotiation; and (2) Liquor Control. Inc. pursuant 10 a stipulated Rule and O:der of the Arapahoe County Dis1ric1 Cow, In an eminent domain case. WHEREAS. the South Suburban Parks Foundll1ion has agreed 10 rcimburs.: the City for the City's COSI in obtaining these <a$CfflCl11S. NOW, THEREFORE. BE IT RESO LVED BY HIE CITY COUNC IL OF TIIE CITY OF ENGLEWOOD. COLORADO. THAT: ~-The City Council of1he City of Englewood, Colorado, hereby approves the accep1ance of a Grant of Easement c~eo:u1ed by RWC Limi1ed [Rohen C. Lchcr] for the completion of the Bicycle nnd Pcdcs1rinn Trail Phase n from Lchow 10 Broadway and accompanying Temporary Cons1ructio11 Easement, anached hereto as Exhibit A Smi.2!11-The City Council of the City of Englewood. Colonido, hereby appro\'cs the acccplance of nn Easement across propcny owned by Liquor Con1rol, Inc. [M eister) pursuam 10 an Order of 1he Court fo r 1he completion of the Bicycle and Pcdes1rian Trail Phase 11 from Lehow to Broadway and accompanymg Temporary Construction Easement, lllachcd hereto as Exhibit B. ~-The 1113yor 1s authorized to execute auJ the City Clerk to attest and seal the easements for and on behalf of the City of Englewood. Colorado. ADOl'Tl:D AND APPROVED this :?2nd day of January. 2008 . ATTEST· James K. Woodward. Mayor Loucrishia A. Ellis. City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy ofResolu1ion No. __ . Series of 2008. Loucrishia A. E'lis, City Clerk • • • • • • GRA~T OF EAS EM E:-.'T FOR A IIIC\'CLE AND PEDESTRIAN TRAIL 11 llS GRANT OI-EASEMENT for a public bike path and pcJcslriJn 1rail ("Grnnl") mJe this ___Li__ day or ~7. by and bc1ween lhe Cili l'f Englewood. I 00 Englewood Pnrk~y,Englc~. CO 80110, ("Grap1ee"), and ("Granlor") whose addrcs1is ...:,.ffL s . 1::!!&1t ~ &f A~6d,:Y_ ~c> nic parlics co,•enunl and agree :is follows: Easement rrooerty. The "Eascmenl Property·• shalJ mean the real property loc.t!d in 1hc C'oulll)' or Arapahoe, Smte of Colorado, more particularly de.scribed in Altachmenl A. 2. Considcra1ion. As consideration for 1his Grant, Grantee has paid Grantor· he sum of Fifty Thousand Dollars ($50,000.00) and olher good and valuable considernlion, llic rc<:l'pt of which is hereby acknowledged by Granter. 3. Grunt or Eascmenl. Gra1uor hereby gran ts lo Gramee, ils successors md assigns. a pcnnanent nonexclusive casement (ll~a Easement Property) over, under, across md through the Ease111e11l Property for the purpose c,f construcling, operaling, ma imaini ng, repn i mg, replacing and remo1•ing o bikc/pedeslrian trail. 4. ~-Grantee sha ll have the r,ennanent nonexclusive righl of ingress and cg:ess in. over, 1hrough nnd across lhe Eosemenl Properly for any purpose necessary or desirable for 1he foll enjoymenl or1hc righls granled 10 Granlee under lhis Grant 5 Rcslomtion, Preservation and Maimcnance. Granlcc agrees, olher 1hnn as lolhc spccili< trail improvements. lhot after lhc conslruc1ion, maintenance, repair, rcploccmcnl or cnlari;~mcnl, if any, for lhe lrrul, Granlec shall restore the surface or lhc Enscmenl l'ropcrty as neirly as rca..<onably possible lo the grade and condilions il was in immediately prior lo said construcion, mainlcnant..~, rcp:iir, replacement or enlargement Granlcc agrees use its best efforts lo pa:rol, pn:scrw and maintnin the E.iscmcnl Property on a regular basis and keep lhc Eascmcnl Pmp:rty clear of lmsh, debris , or olhcr unsightly or unsafe conditions. 6. l:fo Improvements. Gm·ltor covcnanls and agrees not lo construcl, erect, pla~ or plun any impro,cmcnts on lhc ~mcnt Property wilhout obtaining lhe prior written conse1,l of Grantee 'Improvements" shall mean any s1ruc1urc or building. Gr.mice shall hnvc lhc rigt.t lo remove. w1 1houl uny linbility to Granlor, uny improvements constructed, creeled. ~laced or plant~'!! on the T'ascmcnl Property wilhoul Grantee's having obtained lhc prior written consent or Gr.mlor. 7. Subj:1ccn t and Ln tcrn l Suppor l. Granter covenants and agrees thal Grantee shall hnve lhe righl or subjncclll und lateral support within lhe Easemenl Property to whatever c~lCnl is necessary or desirublc for lhe full, com pl cle and und isturbed enjoyment of the right s gran ted lo Grnntec 11ndcr this r.rnnl. Snid righls shall not cx lend oulSide or the Ease ment Proµc 11y nrea . ~ l,,,1 h!5 ,f 1;1,,111,,, Cir.mlnr ts tn·cs the full ni;h1 10 1hc 11nclmurbcJ • •.vncrs.1ip1 u e, .ind occupJnt~ of lh-.: f:i$c::1l:1lt J'wpc-r:y :nsofur ·is Z:J1J ov.11::r ,hip. 11 e •. md x.cu;,..:1C)' is ctrustcn: \\1th aud docs nut anp.11; ~he :-1gh!.S g1aatt.-d lO Granll~ 1;; L~i~ lirant. ~ Ab.1ndn:inw1}!. In lhc even! 1ha1 Grnlllct ,hall ah 111.lr,11 the righ•s gramcd 10 11 m,dcr 1h1s Grnni, all righl, 1i1lc ond inicrcsl hc:cundcr of Gr.11 11,,,, ,hall censc and 1crminm~. Jnd l,10111ur ,lwll ho ld f'ascmc 111 l'ropcrty free frCJtn the rights uf the CirJmcc and :;!m il uwn iill ,naW• ,ls 111d ,truc111rcs of nr.mlcc ro ab~ndonc<l, pro1·i1bd 1ha1 Gr:m(c:e shttll have II rc,,•;nn:iblc ;vanvJ uf ume af1'7:'-11d 11!,;utdonmcnl in wluch lo remove any or .ill app,trten~ncc~ frc,m lhc Easc•ncl11 Pro;>.:n( llnul 1hc c;1.cmcn1 1s ubandoncd b) Grnnlee, Ciranlo r slu.11 have 1hr riglu, .11 ns sole oplion, 10 requii e Ci•n nl cc 10 remove or nculr~liie any 1mpmvcmen1S construeled in lhc Enscmcnl Prop~rly by Grantee ) Io. Rind ing Effect This Grant sha ll ex tend 10 and he bi ndi11g upon 1he heirs, personal 1eprescnta1ives, successo rs and assigns of the respective parties hereto . The tcm1.s, co,'Cllll!llS, agrremcnlS and conditions in this Gran! shall be construed as covenanlS nmmng with 1hc land. IN WITNESS WHEREOF, 1he par1ics hereto hnvc excc111ed this Gran! of Easement for Bicycle n11d ~Pcdcs1ria11 Trt l lhe day and year fir st above written. GRA 'TEE: L'ITY OF ENGLEWOOD, C'ULURAIJO James i:. Woodward, i•layor ~ °t} otv t A ATrEST· \o'i) ~ I .nucrislia A Ellis, I 'ily C'lcil.. • • • • • STATE OF COLORADO) ) ss. COUNTY OF ARAPAHOE) GRANTOR: RWC, LTD By: ildC.~ Robert C. Leber, Limited Liabilty Panncr Acknowledged before me this \~ ~8o+(lr C!. • l.t..h. ~· day of~r • 2007, by My Commission expires: /O)lf / ;i o 1D ~,. """'-· ~ \:-~ Public .__,..IMfflOI • • • EXHIB[T "A" A p:ircel or land bo,ng l plrt or lots IS, 16 and 17, Raffmy Gardcr.s, located tn the No11hwcs1 Qunner ,Jr Sec ti on 15, Townslnp 5 Sou1h, Range 68 Wcsi or the 6th Principal Meridi,n, Aru~oho e County, State c•f Colorado, being more pani cu larly dcscnoctl as follows: Nute: For lhe purpose of this description the be;uings arc based on the westerly line o r lot 3, Raffcny Gardens, also bc,ng the easterly line or lchow Avenue, bcoring No11h 63°3 I '05" Ensl, 402.4 8 feel. The soulhwcs·c, ly Wld northwosierly comers or said lot 3 being monumented with a I 1/4" Red Plastic Cap on 1 /14 rcbar stamped WSSI 23524 . Commencing at the nonhwcsl <:-Omer or Lot 15, Raffeny GJJdens al:;o being the nonhenst comer or Loi 14, Rafferty Gurdcns; Th ence along the westerly line or said lot I 5, Raffc:ny Ganlcns the following courses: TI1ence Nonh 75°30'36" East, 28.07 feel; Thence North 87°00'05" East, 20.00 feel; Thence Nonh 76"00'05" Ens1, 12.00 fect; Thence No,1h 54°00'05" Ensl, 15.00 ree1; Thence North 30"00'05" East, 15.00 reel; Thence North 02°29'55" West, 25.00 feet; Thence Norlh 24°59'55" V/eS1, 12 00 feet; Thence Nonh 59°59'55" West, 20.00 foet; Thence Nonh 37°59'55" V/est, 23 04 ree110 the Point ofBeg,nning; Thence continuing •long s1id westerly line of sold lo1 IS, RolTeny Gnrd:ns the following courses: Thence North 37•59·5~" West, 5.96 feet; Thence Nonh 79'59'55" V/est, 23.00 rect; Thence Nonh 50"29.S5" Hest, 20.00 feet; Thence Nonh 34'09'55" Went, 58 71 feet ; Thence leaving said wcstc, ly line of said Lot IS, Rafferty Gardens Nonh 89°57'50" East, 259 72 feet lo the westerly line or 1h01 lrac1 of land•• described in Book I 077 nt Puce 526 of the Arupahoe County f .ccords; Thence South 26°32'10" East, 67.39 feel along snid westerly line to a point or tangent curvature; TI1cnce along the ,.re ofa curve 10 the left having o central anule ofOU'J I '45", a rudius or 254.20 fee,, ru1 are 'cugth of2.35 feet, a chord bearing of South 26°48'13" Ens, and a chord dist:uice of2 35 feet 10 a point ofnon•t:uigcncy; TI1ence North 82°56'55" l''est, 44.55 feet lo a point ortangL'lll curvature; Thence olons the arc ofn eJrVe 10 the left having a central an&le of27°08'36", a mdius of 70 OU feet , nn arc lcnsth or 33.17 r.01, • chord beoring of South 83°28 '47" West und a chord dislPnre of 3; 86 feet 10 a point or reverse eurvuture: Thence along the ore ofo e11rvc 10 the righl ho vine a centrnl w1glc of 30°42'55", o rndius of 206.64 reel, an on: I :ngth of 110. 78 r.c1, 1 chord bearing of South 85° IS '53" Wcsc and a chord distnnee or IC9.45 feet 10 o point ofr•versc curva ture; S:19494008\LtplJIL,~<r doc Paac I nrJ I henc• along tl:c arc uf a curve I~ the lefl hnving a renlral angle of 17"39 '49", u radius of 70.00 feel, an arc lc nb'lh of2 l 58 feel, n chord hearing of North SS 'J4" Wcsl nnd a chord distance of 21 49 fee l ton poinl of reverse curvature; Thence along the arc o f a curve 10 the rish1 hoving a central angle of00°07 '03", a n,dius of 430119 feet, an arc l<ngth of 8.82 feet, a chord bearing of South 82°35 '57" West and a chord distance of 8.82 feel 10 lhc Po1n1 of Besinning. Containmg lG,598 square feel or 0 38 acres, mo,c or less. I hereby cemfy that the above legal descnp11on was prepared under my d11cc1 supcivisio11. WSSI Job#: 9494-008 Dale. March 16, 2005 For and on Behalf of WESTERN STATES SURVEYING, JN C. 12753 South Parker Road, Su it e 205 Parker CO 8013 4 303-841-7436 Alben V. Vallella, Jr. PLS 23524 NOTJCF.: Accordmi; 10 Colorado Lnw you mus1 commence Ort) legal acllon b~scd upon nny dc(ec1 in tlus rurvey wtthin three yc:in 11ntr yuu firsl duco,·er such defect. In no cvenl may any action b,.scd upon any defect m this survey be commenced more than ten ycan from the date of the cml6ca1ion shown hereon S \9494008\Lczoh\Lcher,doc • • • J . .. ... .. 7 ,_r--~~ ! ! ,,. / ./ ,, ,. .. / SOU TH SUBURBAN PARKS FOUNDATION REA OF PARCELS: 0 ,36 AC, • • LI:GAL DF. CRJPTION A parcel orlnnd bemr a pan cf Lots 16, 17, 18 111d 19, R.,ffr,ry """'"u. I, ,,. 1 m t he Nonhwcst Quancr of Sct t1on IS, Township 5 South, R.nge ,3 We ,1 ,,f 111 <11 h f'r111 ,, I McndiJn, Arapahoe County, S1ntc of Colorado, being more p3, 11c11l,1rly Jcm 11,l-rl ~$ follows Note For the purpose of rh;s dcscnption the bca11ngs nrc based on the wrs,erly line of Lor 3, Rnffeny G111drns, also being the caslcrly lme of I.chow Avenue, hc.n g , 111t h G3"3 I '05'' Ens 1, 402.48 fee t The sou 1hwe s1cr ly n11tl nonhwcs1crly co, ncr, of .,n ,d Lot 3 hcrng monumen ted by R 114 rcbar wi1h n I" Red Plns1ic Cop stam ped WSS I 23524 COMJ\'11::NC INC nl 1hc soulheast cor ner of a tract ufla nd described in 0ook I 007 al Puge 526 , snid cu 1 ner beins 1he ,nu1hca s1 corner of Lo , 19 as shown on th e pln1 of Ruffcny Clnrde us , Th ence S0111h 89"57' 50 " Wc~t. 25 .00 feet along 1hc so Ulh ti11c o r said rn c1 of la11d rlrm1be d 111 Bno k I 007 nt Pnge S26 nnd 1he ~o,11h lin e of sn id Lot 19, 7'hcucc No11h 00"02' IO" Wrst, 90 20 feet ulo11s lhc wes1cr ly line of said lruc t or lan d tlcscribcd in Book I 007 nl Pnge 526, Thc11ce Nonh 1~•04•10·• We~,. 3649 fee t nlo □g $aid westerly lrnc 10 the THUE l'OINT or IJEGfN IN G; Thence No11h 46"37'18" Wcs1, JO 99 feet, Thcucc J\onh ~ 1°S7'H" West, 53 SO feet, TI1cncc Nonh •19°28 '0)'' WcS1, 1~5 34fte110 n point of □o □ tangcs curvature, Tlm1tc 11onhwes1crly nlong the arc of a cun~ 10 111<: right, Ilic ra<lial line 10 the center pornt bears Nonh 41° 12·n • fast, a radrus of 65 .90 feet , 1hru J tcntJn! ~ngle of 16°55'23", an ar length of 19 47 f«t, whose chord bcJr$ Nouh )9°19'40" We~, J lcn~th ,,r 19 39 feet 1, • pouu of non tangency, 11,cnte S0U1h K2"S6'SS• Fast, 4J 14 feet 10 Slid wcstc1ly hoc and I porn1 of non 11ngc111 cun·a1urc, Tht:11cc •long sa11 I Wl:.Slcoly hnc tht following three (3) coum:s I s0t11licas1crly along 1hc nrc ofa cunc to the left, lhe radial hne tu the cen1cr pumt hc~r, No11h <,2•\5·54• Eu<t, a radius of2S4 20 feet, 1h111 a central angle or J~•s-rn•, 1111 11n: lu11g1h of 146 2S feet, ,-hose chord bears South 43•33•03• En21 a leng1h of 144 24 feel, Sou1h 60°02'10' Eus t, JS 00 fee,, Sou1h "1"04'10" F,nsi. I 0 1 fret to 1hc l'Ol 'T O r, REGJNNIN • S 1~949400Up01U.rcn1,1n n11 f!Jse n1e11 1 dot ·. •~.i,· ~-~ :---_:...:.-__ _:_ ~'$6'55"' ti~ "-¼ --:.... ---. ~ \ -~ ·-:-: .( ~,::~::-:::7~~s:· C..SU<CNl BOOK lllG PACC 195 0 ~1&'55'1.s· A•G-5 90' L:19 47• CJ-f BFtC •N 39·19•.cr W Ct◄, D.~l9.J9' LOT 15 lOl 16 LOT 11 5 "' I & ! :; ?: ::; 0 ~ /: ~ u :r 5 &l LOT 18 llW 1/• SCCllON IS T ss . R.&aw. RAFFERY GARDENS AVENUE (50') 14'0◄'10"' W l&.,9• s ~~6Ni~1fN~ic\u~rv~t~Rfs5t'1! OW NER: LEHER IN1£HDCO ONL~ 10 OCPICT lliE •n•cHtD DESC~IPTION, ASCG PARCELS O 070 AC . ALC: I.V DAit: 11 29 06 DRWN : AW ca .... ,,. NO, ./08 NO, 090 ◄-009,2 OWG. tllM[: troll Cao, SHCCT l or 3 • • • u :c11I IJCSCHll'TI ON T l~J\I l'Ol(A I!\' ('IJNST IW C"rHJN EASCM ENT I\ I .1m·I f l,ud h"rnlJ • pn, r vi' l.u1i 16, 17, 18 ,l!ld 19, Rnffc~y Gnr<l,ns, locnl rd in 1hc Northw:•11 (]unmr •f S,·<1is>n I}, Tow11,hi11 S South, Range 68 West of 1he 61h rnncipal Mcnd,nn Atap'1hn, C11'Jnt,, S·,,tc ~r Colorado, being more ranrcu'arly dcscnbcd as full,,ws No1t For the rrnp, .. ;~ or tl111: dcJC'up111>11 tl,c: bc:uings arc hasrJ on lhc: wes1t,ly line or Loe 3, R.lffcny Gardens, olso bcmu the cas1cily lrnc of u:how /\venue, hrann11 Nonh <,3•11 ·os• East, 402 48 rc,1 1·hc ~umhw,-:ic.dy ind nonhwes1erly comers or snid Lor J bdng monumcmcd ~ya /14 re~ni w,rh I I" Red Pia.nit Cap sramped WSSI 2JS:~ COM~Jl;NcLN (; nt the ,ourhc,w r <rnncr ofn rracr oflnnd described in Oook 1007 01 l'nne 526, sa,d c·orncr l>rn,u lhc ~outhcnsr co1ne1 o f" Lor 19 ns shown 011 the pint of Raffc:rr y Ga, dc11s. Thence South 69°S7'~O" W,•st, 2~ 00 feel nlony thcsot11h line of said 1rac1 ofln11d d•.:.scnbccl in Bonk 1007 DI l'ugc S~6 nnd lhc sourh line nfsoirl Lot 19, Thence Nunh ou•o2· IO" Wcsi, 90 W ferr nlon,s the wcsrcrly line or said lrRct or fond rlescnbed 111 I.l oo k 1007 DI Page 526, Th<ntc Nonh 14•04'10" \l't11, R61 frcl nlong said wc,re,fy line 10 11,t l'RUE l'0L'IT OF Ul'GINNINt;, Thence Nonh 46°37'16" Wt t, n 79 feet, Tl1c11ce Nonh St 0 57'3S" Wc.$1, ~J ,n 1< ... t, n,c= Nonb 49"28'0)· Wc51, IJS 8~ frcl 10 • pornr or non langcnt CUf\'RIUIC, 11,encc nonhwestcrly aloa8 the u,c urn,.,.,.· In 1he riuln, rhc 1od1,1I hue lo 1he tnllcr po1n1 bears Nonh 4:0 02'4 4' l',1:.1, a 11d1m of HO 90 fce1, 1hru a rc1111ul unult of 23°31'00", an a,c lcns1h or 11 21 fret, IYhost ci1u1d bears No11h 3<,"f I '4 6" Wcsl • length ofJ2 97 fee l 10 11 point nfnon 1011~c11 r c-urvntmc, Thence cns1crly nlo ng 11 ,c me of'n rnr ,,,, 111 rl,e 11r,h1, the iadml lme to 1hc t1·11tc1 Jl'Jilll hears South 05'4S'58" i,n~1 n radiu, uf"/0 ?•l fi·cl, 1l11ot11Jh ,, ce111rnl ""Ille of 13°~9'4 I"," d1,i,,n~c of 17 11 feel, whu,;e chu,d henrs South XH 0 5t '08" rns1 u lcnglh of 17 09 feel ton fl\Jllll of'nun tn11ge111 rurvntu,c, TI1cncc sou1hcas 1crly along lhc me vr a uuve lo 1lre lefl, 1hc rndml llllc 10 1hc c1·111ct poinl bears No,th S9°07'57' Ea,1, n rud11" of6S It() fccr, Ihm n ccnltol angle of 16°55'23', AO arc length or 19 ,17 fert, wtro ... d~,rJ hea,s Snn1h 39°19'46' l:aJI a lcng1h of l 9.J9 feel 10 • JK'llll ul non rM11e11cy, "Jllencc. Sou1h 49"28'03" East, I JS H fet'I, Thence Sou1b s1°s1•1s• i;;u1, 53 so fcei, S.\0949◄009p02\Lci;,tslTCJ,::.doc • • L[GAL llF.SCIUPl'ION A pa rcc: oflnnd b• 1,g • pan of'Lo1s 16, 17, 18 und 19, Rufforty Gardens, located on rho Nor!·we.;1 (iumer of Scct100 IS, Towe1hip 5 Sourh, Rance 68 Wc~I of the 6th l'nnc,pal Mtrr dian, Arapahoe County, S1<1te of Cnlorndo, being more pan,cularly described as foll ows Note For the purpo,e of rhis de1crip11o n the bea11ngs ore bnsed 011 t lte westedy line of Lot J, RalTcny Gui de ns, •l•o being the easterly ltnc of Lc how Avenue, he•ring North c,3 •31 ·os·• East, 402.◄8 feet The sou1hwtS1ctly and northwesterly corners of said Lor J bcmg moaun>ented b) a 1/4 rcbar with• I" Red Plastic Cap stom ped WSSI 23~24, CUMJ\1ENCING 01 the southeast corner ofa 1rae1 orlond described in Dock 1007 a1 Page S26, said corner being Ille M1u1hcas1 comer of Lot 19 ns shown on 1he plm of Rafferty Gardcm; Thence South 89°57' 50" West, 2S 00 feel along 1hc sau1h hue of sa,d lrnct of1111d des:rrbed m Book 1007 11 Page S26 •nd the ,aurh lrne of said Lot 19, Thtncc Nooth 00"02' IO" West, 90 20 feel •long 1/te westerly li ne of sniu Imel of lor,d described 111 Book 1007 Al Page 526 , Thence North 14°04'10" West, 36~9 fret along said west•rly hnc 10 1hc rnu~: l'OINT OF U£G!NN!NG, The nce Nooth 46"3','18" West, JO 99 fe el , Thence No:th 51°57'3S" West, 53 80 feet, Th,rn:e North 49°28'03 " West, 135 34 feet 10 • pnml of nou ta11ucn1 cu, 1111ure, Tim1cc 11orthwcs1erly nlong the nrc of a cun•e 10 the right, 11 ,e rmli al line 10 11,c center point bears North 42°12'3)" East, 1 rad,u, uf 65.90 feet, lhru • ccn11al •n1•le of I G 0 55"!J ·, 11n nrc length of 19 41 feet, whose chord lie Jr. No11h 39• I 9'4o" West a length llf I ,1 39 fee t 10 u point of non ta ngency, Thrnce South 82°56 '55" Easr, 43 14 feet 10 s;iid wcsic!ly hue :me a pu1111 of noo 11ngcu1 cun'l1urc, Thence alo ng snid westerly !me the following th,cc (J) cowsc.,. I ,ou1/1eas1e1 ly 11lons the arc of a c<1rvc 10 1/tc left, the radial hn, 10 rhc cent er poml l>cars North 62•55•54• E_.1, a radius of2!i4 20 feet, 1hm n ccnunl ani;le of ,~•57•51•, :m urc le11g 1h of 146 25 feet, whose cho1d bcnrn South 43°33'03" Ea:H n lcng1h of 144 2·1 fe et; South 60"02'10" F.ast, 35.00 feet, S:>111h M"04'10" East, JI 0 1 feel 10 rhc l'OINT OP-fll::GJNNING. • S I091P•009p07\Lrgols1Tmtl llllsemen\ doc Conlain,ng 3,028 square feel or O 070 ocn,s, more or less I hereby ccmfy •~•t 1he abol'e lcsal description was prepared under my dircCI supcrvisioo 0 WSSI Job No . 949~-009 2 Dnte, 11/2 9/061'rm l ecsemcnt For and on Bch•lf or Western Stnt e: Surveying. Inc 12753 S. Pukcr Road, Suite 205 Pukcr, CO 80134 (303) 841-7436 Alben V. Vallc111, Jr, PLS 23524 Notice· According to Colorado law you must com mence nny legal aci io ns based upon a defect in tl11s survey wubin 1hree years uner you first discovc, such defect ln 110 even1, mny a ny ,c1ion based upon any defec1 in !his survey be commen ce d mo re lhan 1cn yenrs from 1hc dn1c ofccr1,fi ca1ion shown hereon, S·\09494009fl02U.cSJ1ls1Trml Emmcn1 d0< • • • • • EXHIBIT -· :..:::.-:..-=----~::::--::....c:"'-_ --~ ---~ -.::...-:- 10' SANn ARr S[W(R CAS£M(NT Boo~ I lJG PAC[ 195 Oc 16'"'7J" R•~S.YD' Li!31U 47' CH 8RQ .. N Jg• 19'46" W Cl!, O.• 19.JI' Lor ,s -0:- LOT " IIW 1/• S[CllON I~ T 5S R.&811', i..~ -~ N/ · ... :· : . . '•. -D.;;z-s7'5J" l!=)st20· L=l•&2~· =s 43• Jl'oz• llclU.2\' -...__. --, ........ ,::--, ' ....... . ,r'-t--,";:::--..'-' ~d";o,..') LOT 17 "l1 ,j, JI ◄6'37'1&" w lO.vg' CllY or (NCL(WOOO RAFTERY GARDENS AVE~'UE (50') ' ! g ,... ~ f: ,.. ~ i :,; cl 6 "' m ~ => 0 "' ' ' ' ' ' N ltl'O ◄'IO., W l&,4 9' :o~~·Ni~1Jc~cssu':i~t(~R~SC>IJ OWNER: LEHER INT[NDCO ONLY TO O£PICT THE ATTACIICD D[SCRIPTION , ASCG '4LC: AVV OATC, 11 a 00 ' REI\ Of PARCELS O 070 AC , co .. 1.1I1, No. owe. N•i.ir : 1,011 tou.J.. SHtCl l or l ... • • • LEGAL 0ES Cllll'TIO 1T~ll'OR.'\ll\l CO 'Sl'RUCTJ0 'f:ASOJE NT 1\ p1rccl of l,11td 1 •rng J part ofl.01~ ;6, 17, IS a:Jd 19, RnfTc:1y G.,ttf,r:~. loutted rn the N:i,clm .s1 Q 1a11t1 of ScctJ:in 15, Township 5 Soutl~ Range G~ I>,, csl of rhe 61:1 l'nncrp~I Mcrrtlhn, Atnpal;oe C uniy, S:atc of ColorJdo, hem more j>,1111,uJnrly dtscn~ed as foflllWS No1e For rhc purpose of rlus description the bearings me basrJ 011 1!,c vcsrcrly hnr ,,f I 01 3, R41Tcrty Gnrdcns, also bema the caste,ly line of L:how /11'cnuc, hcnnn11 N,.,,Jt 63') I 'OS" l?ast, ~02 48 feel Th e southwe.1 1erJy and n~rthwc,rcrf y corne r~ of 1nid Lor J being mo11umcn1cd by a 44 rcbnr wi1 h a I" Red Pl..i,c Cap >ta mped WSS J 2HN CO~fMENC rNG Al lite so uthcus l corner of n Incl oflnnd described in Bool, 1007 DI Pnoe 526, S1 1d corner bcir111 1l1e so ul he•st corner of L01 IQ ns s hown 0 11 rht µln1 ar l(affc ny Gn,dcns, 1'hcnce South 89°57'50" Wesr , 25 00 fcc1 along tho sou1h line of said 1rnc1 oflan d dm rr~cd in Book I 007 01 P11gc 526 and 1ho soulb line of su,d Lot 19, Thence North 0(}''02'10" Wcs1, 90 20 feet alon g i/Jo weste rly lin e o f sai d 1rac1 oflond dc,cnbed in Book I 007 •I Page S26, fhtncc Nonh 14'04'10" Wcsl , 86/ fec1 along sa id w~.tei ly line 10 1110 'J'UUJ; 1'O 1.NT 01' UF'G I NNlNG, Thence No h 46°37'18" West, SJ 79 feer; Thcn r • No1 h S I 0 57'3 s• Wes1, Sl 43 feet, Thcn re North 49'~8'03" \\'est, 135 88 fc e110 a pom1 of non 1a11gc111 CUf'\'MUre, 1l1cnce no1thw~S1crly •Ion lltt .uc ofo curve 10 tl1e right, the rad , I /me lo lhc Ct'tller po1n1 beau North •f:"02'4<1" East, o r.~i11.1 of KO 90 feet, lhru a cenual "'W• of 2l°l 1'00", on arc length of 33 21 feet, whosr chotd bears North 36' 11 '46" Wrst a lcnglh of12 <17 fcc1101 poini of non 11t1gcm CUf"•a1u1e, TI1ence caslerly along rhc arc ofa curve lo lhc ri&J,r, the radial lone 10 the cr,ucr poi111 be11s South 0S"4.S'.S • East a radius of 70 99 feel, lh,0111,h a cenual nngle of 11•19•41 •. a d1s1111ce of 17 13 fecr, whose chord bears Sourh 88"51 '08" Eas1 u length f l7 09 feel to a f'<lim of non IIIJlgcm curvatu1c, Tii•nle sou 1hc~stcrly aJuns 1/tc u,c or• c11rvc 10 Ilic Jell, rhe rud,al line 10 1hc ccrucr po1111 bears Nor th 59'07'57" Ea.~t, a radius of 65 90 feet , lhru a ccn rrol angle of 16°SS'2J", nn arc lcnsrh of 19 47 feet , whose chord bears S11111h J9"19'46" Ea,t a f.,nglh of IQ J9 rccr 10 o pom1 of non 1ange11cy, '/'hence !>m ull 49"28'0)' E u 51, I 35 3 4 fee 1, Then~ Sou th 5J• 7'35" r,,,m, SJ 80 fce1; Tl,cnc, Sou1h 46' 37 18' Easl, 30.99 feel IO raid westerly lme ~ftha11rm ofland desc11btd 1n Bool I 007 a1 P•ge 526, Thence Suulh 14°().1'10" E3st, 27 88 feet alonf said westerly l111e 10 the l'OJNT OF BEGINNING Coniorn,ng J,876 ,iquarc feel orO 089 acreJ, mo,c or less I hereby certify lhM the above legal description was prepored under my direct surer-vision WSSI Job No · 9494-009 2 Date; I 1/29/0b TCE for and on Behalf of Western Stntcs Surveying. In c 12753 S Park er Road, Sune 205 Parker, CO 8013 4 (J0J) 841-7436 Alben V. Valletta, Jr, PLS 23 524 Notice According 10 Colorado law you must commence any lega l action.I based upon a defect in 1h1s survey within 1hree ycnrs •lier ye first discove, such defect In no cvem, may OIi)' action bnscd upon any defect in this survey be commenced more than ten yea,s from the dtne or ce n1fi cu 11on shown hereon S \09494009pOi1LcgnlslTC~.doc race '2 ofl • • • • C•1J••9·c1 lf.r?0.99' 1-17 U C>I ORC •S U'51'0~ Ct, 0,ir. 1:/ .. '0f' 0• 2J'3 I '00 " R•BO 90' L•J J.2 I' Cl<, DffO •N JQ'll'4 Cit O.cJ2,97' I OT 15 EXHIBIT l01 1G HW I /• SCCToO N 15 us uw. ,., '·-.,~ o:·~6:~;;2l'" R=CS .9 0' l::r 19 .47' 6-_=;,5 J2't9't 11· (. -1,..1)~1 9 .~'-....... ,,_ -' ' ' ' ' '°~--::::., ''·, "Cb;" ... , ·, t o r 17 J':r S: .. .,.J :.>:,,~- •J,S\ ...,_ lOl 18 N •6'l7'ta•· w ,5j 7g• ~ (lly lfl,OTS (P[R •SS[SSORS IMP) RAFT[RY GAR DENS AVENUE (50') :o~~N~~'lwi'c°l~u~~~~"frll~J•NY OWNER : L£HER IN) CN0[0 ONt Y TO DCPICT THC A11ACH(O DCSCRIP TION }: 0 .. 0 I r-; <> ► 3 . ~ :; ,., I: i u § 0 .. CALC : AVY UA1C1 11 29 OB DRWN: AW CO MM IT , NO , JOB NO. 09 ◄9 ◄ -009.2 owe , 1w,r, Tee surer l or J • • • I jlll 0/i•Mlo>WIII I IJ \1 l•11 ,1h•04• I 1tUIIJ,1 1\1, • M.'1 ( t11fl"i 1,111, .f, r::-=====c::-:-=-'.""C":-=====,-----,--"';"'";-,·Ut.u;.:..1\1~':.J:~~I' DISTRICTCO~Rr. /\Rllr'>IIOF COUlffY. , . .1:,,.1 ri•··· .,~, .. ., ,· ..... I ....... 'I• COLOR.-\DO !';"~;:-~~!~,~::·••· .. •· ,\,'.11·1 7J2 S S l'o101na: Stn:c< Cn~lc,.uod, CO 80112 Pttlllonct: {Tl"Y Ur CNQLt WOOD. COL (JRAOO. n (.'l.)lor,,do hotni: rul~ 111 unklp:tlit)· n .. po11dcot>: LIQllOR CON1"ROL. INC. 1 Colondo eutp0r1llion; SOlfTH ARAPAHOE SANITATIOK DISTRICT. • Colorado quas,•rnun,cip•I soniliU)' "'""' .i;stril.-r. SOUTH t NCiLEWOOO SANITATION Dl~TRIC.T. NO. I. o Colorlldn qu■si-municlp1d son111ry """' di,1rio1: rUDLIC SF.It VIC~ COMV/\NY OF COI.OR/100. a Colomdo curpon111on: ond DOLIOLAS O. MIL LlKC~. in his ntliclo l cep~cif) 0s Tn.:o..:.urrr tu,· /\r111p.ah.,e County. 1 Anomey: 1)1\\lnc: 1-"n. F-m>il: Con:) Y HolTm>nn. # 2~920 Gn-i:or> D Oroham.133992 lln)OS. Philhps. lloffm•M & Curbm). P.t". 1350 17"' Stn:<L Suiie4SO O.:nvcr. CO 80102-1317 )0)-821-(,44~ 303-825-126~ c:~:twrnnan11 (thpt, .. ·t,,,\ ►',•u ~Mitrl1nbdt.,, ro1n ;.(, ... , :t,, ... , ,,_, I.;•, .1,, COUR1' USE ONL V 4 Ca1< Number. 01.cv.12;1 L>,, 1siun: 202 STIPULATE D FINAi.RULE AND ORDER AND RELEASE OF LIS !'£NO ENS THIS MATTtR. ha\ling bL"cn ,c:i;olvet.l h:-, l'c1itioni.:r lhe Ch~ nr 1:11l'lc~\H,od. Culor:u1u (tl1< "Chy") ond Rcspn11d~n1 Liquor Co111rol. In<.• Calo11Jo cotpo101iun r Pond<nl°'). nnd the -»her n;amed Rtspondcnu d\:11 h11\l c be-en kni~ M~rding to C R S f .It j 103 havln~ no (~jc1,."1ion or l\a"io& C'\JN'ffll~ rtl!'.lscd 30)' ink•fCSI In lM Subjl"l·t Prorcrt~. the Ctttul ,hcn:ft~ f1'\C'U 1hr 1011-,~ ,ni Stipulctd f'anaJ Rule-AnJ Oidn ind Htk'.s: vfli, ·n1dcn, I Ptlitiunrrthc O h uf EntltWt.1\ld has 11u: 11u1hnt1•)' p ur.11;~11110 Ankle IV. rn,1 111. Scc:1\011 7fJ or 1h1: <:it:, or t::ntlc n °"d Hmm: ltuli: C.11tart~1. und Article XX. § I uf 1hc tolom1h.) <.M~lihHion h1 l.'1Jndernn lhc J'ropen y which is \he ,11l.ljtt't 1Jf thi ~ 111,:1lun, n11d Pc1i1hN1c, hos 1111!1 lht' t1C'\'eS1llr) rc-ql1ire1m:nt.S undcrColor.1d1J l:.w it, 11th m:u 1cr . B 2 R~,:nl is Ill< rtcor.1 lt>lda nf r"' Ullt to lb~ propett; nlOI: p•mc.Lul) cksc11lted in C,hibi1 A lO the Ptt.1~ion U1 CM:1cmnau:,n {the: •subjc-~t Pmpcrl~ j \\hich c.,het,.1 k il!l:tthtd l~co and inootpo,JI~ M,ejn b~ this r•fet"'.ncc. 3. The Cil) ~us Rrspondcnr •~c th:u juSl compcns,u,on for 1hc-acq11isitt011 uf • pcrm:1J1.cnt cnscmtn1 far C'Ofl.SUuetin.: anJ pt0Yid111g • rr.uhi--usc n!'trt"a.rlonal trilil on. over. and •pon 1he Subj«i Pruptny is S99.SOO 00. IT IS ORDERED, ADJUL>GED AND DECREED: Pctltloni:r. rhc City or E.ngl~wt.Jod, h: here.by adjudged to ht tht 11bsolmc holcfr r and owner in 3JMI or a propctl~· rt~h1 murc panlrul:irl~ desc;Jlbcd as a pcrmt111en1 ta.sc1nc11t ror l'onsttuc 1ing and providinc a multi-use ret"rcotional 1r11.il ,\ hhin the Ch~· on. o"'cr llnd upon the propC11)' more pnrticulatl) Jcscrlbtd in E:,:hll,il :\, ttllnchcel hereto and incorporiltcd b) «ri:rcncc: b. Pcm loner is 1akin1:-said cascmc nl suhjc-ct lo cert.aln ri2l11~ end focilnh:~ within the cucnm'll llrea held ~y Public Service Cumpany of Colomdo b:-, virlue of ij document t~cordcd in the records of 1hc CIC'Tk And Rccurtlcr uf Arapl,hOC' C'u1ml)' on Jnnu11ry 11. I QS I. in Book 705 m Page 19<. c. Jun compc:n,,cion ro, 11,e Subj«1 />ropeny is 1hc omu u111 al' S9'1.S00 00 Said runounl \h3.II bt deposiu:d ,., 1th 1hc Coun upon ~provul of 1hh fine.I Ruic 4nd Order, and the panics 1!£:fCC 1h:11 such anKl u.nt s.h11II b-e \\hhdra\\n by R,·)jp0t1Liem on or oner Janu~· ?. 200:: ~d ~-A «nofocd cop) or1his Finsl Rul• and Onlcr >h•ll b< r«<Ndod ond indo.od In 11k: Office ofd,c C.1':11: ond R«ordcr oflhc CounlJ' or An,p:,J,oo, St.11c ol'Culu1>do ,n a lilt.:-numncr ond with likt effect ~ if ic \¥CfC 3 DetJ of Cott\'C:~ tm."t fmm krJPOrtdon to lht i'auioocr herein. C". Upon 1hr R"CQnl'u,go(thls Rule 3nd Ordt'r. '-itd 10 L'le e,r.:nt u,com,blrol ,\tlh 1blt Ruic and Onler. lhe Noti<c or Lb Pcnd<os. n:conlcd in oho CoWllJ ol' l\r.>pohor OIi November I, 2007, 01 Rcreption No. B714320 sir.Ill be r<kut'd ond 5'1j>erscdcd hy lhi, Ru!, •nd Onkr l'I IS ~0 OROCREO. ~•sn<d ~/4... ,~001. nv TIIE COURT: • • • • • HrT-'? UM FIRM LLC /1.l'rROVED AS TO FOltM: 11'1"'11 C,'l>OCIJl,(£Nn,l)ID3!TTJ~I/JIJOI/JI0'1'LOCALUl1'1Mn\~~r/YT&AArT F11.lin:OIITOrrW1'tl1<VU1rnsrrr.~uu.sNO.rMOU-1/>JOOC • • 1n,l:JHc11 , .. , ~xnmrT ... ,., : ~~\;·;t; . .', 7:;;~h:• ~:: ;. ,:. •r .iu i lu•· J 1·-..lt•J A p;.·::d ~r l:mJ a.c,n1 :a part -:( LotJ , 2 t:tld 3, Rl!fr.ny Gi4"«..~ tc.:o•c .!rl~ ,~ .lilvul;wo:~I Q\JL"'tU :! S::a:>,l u. :-awn h;, ' Sot.1th, R.a.ns;e cs West or 1.hc G"r~ r•nnclp:ll w. . 'tlhan. A!":lpD.h:>t Coumy, s,:w..~ of Colo do, bcins 1nott p1m~..:I.:.tl;t dt'teribd. :u fo'loW$! l'101c For a1e puq,01< o! 1h11 d<xn;rnon 1hc lxr,rini;, ..... hsal on •~• v.c;mty llnc of Loi l, :tarfc:rty Ci,:uh:n!I, 1ho bong Uu: c:iutc.-1)' line of J.c:how Avenu:, b,a.:ine No:"lh 6J•J \ "OS" £11~, 40'l ,s r~,. 111: aou:hwu,,~tly wut nonhwe lcdy corr.~ of ~1.J~ Lot l tieln}j m-,nu:mc:1ted wi~h o 1 t/11" R tl PlQ.1~k Ctip on :1114 tri,,u sumpi:d W!:Si :J.'i24 Dar r,.nh,a C1 I thr IOl!Ih Wt.!U:tl)" c.omcro(ui J Lc:i t J, 11\t e Nanh GJ•l l "03" E.Mr, 1015 SJ r~l ~lony ~uid 'wl:e.nc:ly hn:: or Lot J nnd ,~id ccstic:r1y lin e or Lchuw Avr.nu c:; TI·u:n:c !'.iaud, 721157'00" Eot.1'1 7!.13 fe r.I to II point af •~sen l CU1VD.h1rc: T hcncn otong the ~re ora curve to the rig}u hn.ving :1 c:ntra l .:nslc: of 12eo2,,•17·•, a radiu, or:z2s .oo fi:,:cl an Rl"G \e n5:1h nf ~S.'/J fee t,:. ch d be.D.ri ng o r sc u th 6G Q44'•1 2" Eon ru,d n chri rd dl!mm cc-or ws 64-(ir:c:t 10 :i, po{ni o fcom pc uud cu Natu re; Tiu:nce ~ICn,j I.he ~re u r i:i C\lJ"'VC l0 lhc ri,»111 having 3 CCOD'Cll :m ~lc or07°S7"17", a. rnd i u1 of 150.l? rci::i, M llt'C lcni!'h o r'.20 .SB rt'Ct, a. ehord bc:irir,g o rSou;h (i ,1 °) I "07" t!•n n.nd o cbur d dl•101 1cc of 20.97 r~c t lO:. pl1~u1 of re vers ~ c urv~n un::; 'lb~ntc: nl:,:,1 r11c arc u r 11:11rvi: 1 the lcft h :ivi nr!. n. ccnt:ul ll.ngle 0f 2 G•OS '25", i Ntliu1 of7S.00 reel, oo ore kngl h ofli 15 r,c1, n c honl beori n ~ o r Sou~, S0":!0"10'" E~t and 1,1 ChonJ dl11un:: of:!J 36 fett to ;i; pain: l1U1sc11ty: Tl~e:ic-r North EG"37'08u lan, S~.2l frc1 coo pai r:11 orc:.n5cnt c1.u·vuwn 1 Th::ncc olcn,g: 11\c a.re 0( 1.1 C' •!!! ia ib.c fie.hf having II tc~u-ul :.ngl c of lS .. Sl '2S .. 1 1. ~di~ al 175,00 foe1 , nn •re le,1 6~1 of 60 .76 fet, • ::hord be :,nn~ of Sou:h 36"26'0!)" E:111t."111d I c.'tord l!i#twct of60,45 reel 10 a:poll'J t.cins;:-nc-y. Thrnc:. South 7l"'29·2s•· Fm, 3.5.6 :Z fett '° a point of•:a=ttDt c.1m,a 1urc; 11,e•,c-c olont, the arc or I cune 10 the n,tn lul\'ing g cu1tr.aJ ::u:1glc of l J•so·n .. , a. n:.d1ur uf6l).tlU f«l. .Qn '"-...: lt"n th o(lS'~ 60 fc.cr, 3 ch~:,1 bc:-Ws cf South 6t.1•J11' !4" &ac:1 •••J • chtird t..,-■ncc ur I 9l.S I fttl ta a point of revcrx cu~otun,~ Thcct"c :.Ion) lhc :uC" oh c.~c to (be left b:ivins a cccnd .b\sJc or-n•.:3•s1 .. , a 1:1.di..ai Df 12S .(IO t"tc1, .,, a,o lon;;th ar 158.!6 fc<t, • ot.,ml be:uia!I ori-:cr.h S7"}6";?!" E;is1 and a cbonJ dls1ucc or 141JI Ct:..!1 loo po:nto!'rc-,,tt,e cun•u1urc; nu::1::e Alunc. ue arc or• ,urvc 10 1he nd,1 h11'Vl.ng a c:cnuul :u:slc or20•::,1•01 .. , ~ nulh.r, or 125.0D leet, •n t.'C l<'l>y~, of 4l.S9 fo:c1, • chonl b>orin~ o('lonh <,i "lS'Jl'" Eo:1 QllJ Q diC1d dhu.t1cz or 43 67 fotl lo D puU11 ofnun~:.ilngt.nc:.y: ·n,cnce Nonh OO•t J•,42" Wcsa, 26.2_. (u110 lnr r.it1erly lur. of sctd Loi l, R3tTir:rty G 1rdc"!s: Thmc:c •l•nJ s d C">lerly Jin< of Loi 1, Roffc:iy Cr.i:den• 1be followin~ co,.,.,., T1 1:ncaScuh 3•"09'SS' E"'~ Sl.71 f..i; Tb:aco Soulh S0"l9'5S" Eu~ 20 Oil feot; Thc:ncc Sou,h 79"'39-"J)" Eua. 23.00 r~r c: Tl.otltC' SO\Uh 37w59•))"' CUL, 19.00 rcct: l h.D\\.l'U Souch .5~19 1SS .. Cut, '20,00 (i:c~ 1"hr.-nrr ~O-'lh 2-.•s9•5,s·• Ga.s t. 1.::00 f1!t1, Tiu.nu SoUlh 0'2""2.St'SS .. nu1..'l.S .OO lii!ct: ,i,cnte Soum JO'"OO*OS'' c-t, U.00 rut. Tbcm:.c Soulh S11"00•0$" Wen. IS.Clo Ctt:1; TI1enc:s Soud\ 16•00'0.S" Wc.n. 12.00 Cttr. 'T1ltnec Sou.lh aroo·o, .. We.JI, ~;)O Ctc.t~ 'l'he1w:•SondJ ,~•30•14n Wt.n, 21.07 feet 10 the n:,nhtul comet or Lo, t ... lb/felt)' 011dcnt ; Tbcm:c North 1o•ss•41~• Wc=t, l01.2S rm to dl• n.onhwest comet of s:iid Lo: 1 ◄, .J\a!fcnj GA.tdc ni; Thence Nonh 11•:;1•29•• Wm 1.01 .!'0 recr lo d,c notthwut comarofLot 13, R.aCfcny OudCMI The.nee Nonb ,s7•59•40•• West. 71.!1$ (tu aloo1; 1}111:: northerly line 0(1.ot 12, :R.1.~ Oonlern tu th• ,outhcul camtr o f uld Lot 2, lla!futy G ■J"d•ms: l'htnco akmw tJu1: unad1~1y UH or 1,■[d t..Dta ~ and 3 the fott0win_g; c:01-ad: °MlcM)cc'NoNb 1?•57'0?" Woe. 39,04 In.I 11.lon1 u{d nonb~Jy Un.t of Lo,\~. R.1!Ccrty O 111letu ,o due nonbwc:st comer of sll.id Lot 12, .R:ifrerry Gimt.e.n;; 'T11enc1 NOr1h CS-l•l2' lP'' West. l08,S0 fi:CL 1-U 1be nortl'l'wat cciroi:r otl..o\ 1 l, lb!tr:t1)' Ootdi:.a,; 11,us1CeNonb 15"'0S'~S'" wu,, 41,43 Cur ~00Jth111 nor,bc.rly Unc of Lot 10, J;l.a.«i.u:ty 0•:rdc.ru to the ac;,w.hc11tl C!offler oCa:iJd Lot 3, Rufr!Jfly Qa.rdcM; 't'bcnc:• North 70•S0'42'" Wr11t. Gt.1i feu 11.l=ia H td nal\hcrly line oft.'til 10, R.D.ffmy OarcknJ to lhe nonhwcs:1 com:r gruid Lot \ 0, R.:l.ff~lt)' Oo..rden,; Toe.nee Non.h 1'1"l7'l 2" W••t. l 00.10 !'iut lO tho nonhwe1t con~« of1.ot 51, JU ffcny 011.tderu: Tl1oncc Horth s1•12•1 \" Weit. lOl.20 (t:!ct to the nonhwo.sr ..:ome.r 0flo1 .1, R.Atrcny Oa.rdelUJ 'r'he-nt• No1th SP•2l'27" We.It, 116.SI (oe-t a\1:11\S: th: ~crly tin• a l Loa 6 end 7 1 ll.:i!t-my 011 .Senf u, th• Ptrim o(Bcr.iMln1- 'con•klUlJ 7\1H J 1qwn Cl• or l.6S aucs., n.CR: or )i:n, l hcn:by c.cnit, tho.t d.\c ,bov1: k:J.al dcs.crip1loa. wu ptt:patcd u;,ck.t my dlrcc.t .r;upcn,i.sio n. WSSl Job#: 9494-00l c= M.,.; 16, 2005 Fora:>d.uaBchnlror WESTERN STATES SURVl!YINO, INC. 12753 Sculh l'wb.-lwad. Suite 205 ?arbr CO SDl34 lOJ.S•ll •7436 Albut V. V~1k11e.. Jr Pl.S 21Sl4 tiO'nCJ!: ACCOtdiug to Co\ondQ Law you must cancuii::oc:.r. 11t1.Y' lc_tDI ;acdor. b:ucd upon MY lklH\ tn chis s\&ney wbldn lfwt.c >'Nn eRe.r )OU 5.~ di~ottr r.Jch dd~d h 1 no CY-Cnl may &11)' t1C1fon b1tc:d upon aQ)' dc.&c, in lhb ■unc)' be: commenced more ,h.an tM yurt ftcun tbc. dare or '11• cc:c1i l'icraclou shown hc.tta& • • • ( EXH I BIT ,,... ~::/·y "' ~ ...___ ,.1 .• ;.;,., .-.,:...i:"" ® ~-s::: ~ ►• ~· _., -· ... • ~ C':":':.a:t ...... ' • 1:~ l-.. ,,. -... --.. ____ ~? __ Wrttf l"'---000 AltDIUI: (W) ----- ~~ffif\~,~~ OWHER: ~~ ~r,r 1,,c UOUOR CONlROL, INC • • --="-"======c....-P_A..:.n"'K"'s""'F"-O.llu"'N"'o"'."r"',o,,._N ___ l,._-~.-... ...__, JOI IOO. ~"'••-00 ~ DWQ, M hl.t LQI • • • • CO UNCIL COMM UN ICATIO N Date : Agenda Item: Subject: January 21, 2006 11 ciii Resolution to accept Right-of-Way Dedication from the EURA Initiated By: Staff Source: Department of Public Work• Rick Kahm, Director -- COUNCIL GOAL AND PREVIOU S COU NCIL ACTION No previous Council action. RECOMMENDED ACTION Staff recommends Council apprO\ e a Resoluuon to accept the dedication of three parcels of land for right-of-way purposes. BACKGROUND, ANALYSIS, AND ALTtRNATIVES IDENTIFIED The Englewood Par kway, between Broadway and Cherokee, was constructPd as part of the 1985 Englewood Dow11town Re development Plan. A portion of the Park"ay "a, constructed on Englewood Urban Renewal Authority (EURA) owned land and was never ottklaily dedicated to the City for public use. Recently, la nd survey plats were prenared for potential de, elopment on the Acom, Parking lot. These surveys and land title work highlighted ,n oversigl1t In the dedication of right-of-way for the Parkway, along with a small triangle of land at th, sou thwest corner of the Acoma lot that should be dedicated to the public. This Council actic,n is requested lo clean up d1e public right-of-way dedications around the site. The EURA has approved ,1 llesolutiun au thorizing their Chalr to execute documents. FINANCIAL IMPACT No financial impacts rela ted I , this transaction. USTOFATT '1ENTS Aerial phi tc ,cations EURA Re, 1lu .. on Resolution SCAU : i lftUI • 100 INC H.\P DATf ; JMUl ,Y t , lOOI ,ttOTO OATf; JON o.A,WNIY: Jl • • • Re solution No. 3 Series or 200 7 Cit y of E nglcwood, Colorado Urban Renewal Authority A l!ESOLUTION OF THE ENGLEWOOD URUAN RENEWAL AU TH O RITY AUTHOR IZING THE CHAIR TO EXECUTE THE DOCUMENTS REQU IRED TO DEDICATE PARCELS OF WRA OWNED LAND TO THE CITY OF ENGLEWOOD FOR ENGLEWOOD l'ARKW \Y AND ACOMA/HAMPD~N RIGHT OF WAY PURPOSES. WHEREAS The Englewood Urlian Renewal Au lhorily ("CURA'") owns ccrl.iln rea l propcny described in [xhibil A, Exhlbil 8, and [xh,b it C (allached), and;: WHEREA S The !Ubiect properties are alre,1Jy developed with public improvements mtluding street pavement, curb, gutter, sidewalk, land~caping ,ind ~ignagc. and; WHEllEAS The public 1111prove11ll'nts wcrt: installed on the EURA prope, t y ,1s part of thl' 1'185 Englewood Downtown Rt•dcvclopment Pl,1n, and; WHEREAS TI1e City of [nglt•wood maintJins the public i111p101 t·men ts ancl a1teµts thl! l1,1h ilit ies a,soci ,lled with their µuhlic use: EUR-\ Rc>0lu11011 '-o. 3 Sene, oi :!oo-OW THEREFORE, BE lT RESOLVED b1 Ihe Engh!\\OOcf Lrban Rene\\,ll Aulhortl\ Iha1 Ihe Ch,w of Ih.-EUR-\ is hereb1 au1horized to execule the documenls required It> declrLJle 1he li>1ed properties 10 the Cit\ of Engle11ood for public use. ADOPTED A~D APPROVED this .f 'l; d,1y 0 1 fl~~ 2007. ATTEST: ~r'./;JfL Alan C. While, Executrvt' Director Molion b\ Mr. Burns sc~ond b, I\ Ir. Weeks ·volrng in Fa,or: Mr. Roth, /\tr. Bums. Mr Gall,11do, Ms. Rogers, Ms. VI l'ddle, Mr. Weeks, Chair Ber1oluzz1 Voling in Oppos ition : No ne Members Abslaini ng: None Members •\bsent None • • • • • • RESOLUTION NO . SERIES OF 200S '\ iUl A RESOLUTION APPROVING Tl IE ACCEPTANCE OF THREE PARC ELS OF LAl--D FOR CITY OF ENGLEWOOD PUBLIC RIGHT-OF-WAY PURPOSES LOCATED ON ENGLEWOOD PARKWAY BETWEEN 13ROAO\\'AY AND CHEROKEE FROM TIIE ENGLEWOOD URBAN RENEW AL AUTHORITY (EURA). WHEREAS. the Englewood Parkway. between Broodway ond Cherokee. wns constructed as pan of the 1985 Englewood Downtown Redevelopment Pl:lll. and WHEREAS. a portion of Englewood Par'. way was constructed on Englewood Urban Rcno:wal Authority (EURA) owned land and was never oOieinlly dedicated to the City for public use, w d WHEREAS, recently land suf"\·ey pints were prepared for potenual development on the Acom., Street Parking IOI indicating the o,ersight in the dcdicatton of these three parcels for J)<•blic n r,t.;. of-woy for the Englewood Parl.-way. along with a small triangle of land at the Southwest ~om, · < 1 the Acoma 101 that should be dedicated 10 the public: and WHEREAS. the EnglC\\ood Urban Ret.cwal Authority authorized the Chair to execwc the doc:Ulllcnts required to dedicate the three parcels of EURA lnn<l to the City f, L1g lcwood Parkway and Acoma/I lompdcn public right-of-\\ ay purposes. on December 5 1•)07; and WHEREAS. the passage of this pr<>Jl0$cd Resolution "i ll allo" the Cny 10 accept the public Right-of-Way dcdicauons from EURA: NOW, THEREFORE. BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. THAT: ~-lbc City Council of the City of EnglC\,ood, Colorado. hereby appro,cs the acceptance of three p:ircels of land for public Right-of-Way as described in Exhibit A, Exlubit B and Exhibit C, ntlllchcd hereto. from th~ En~lcwood Urban R=·•I Authority to the City of Englewood. Colorado. ADOPTED AND APPROVED this 22nd day of January, 2008, ATTEST: James K. Wood\\Ard, Mayor Loucrishio A. Ellis. City Clerk I. Loucrishin A. Ellis. City Clerk for the City of Englewood. Colorado. hm-by ccnify the abo, c ,s o true copy of Resolution No . __ , Series of2008 . Loucrishio A. Ellis. City Clerk EX HI BIT A P<JNl Of 8£CIN'III-IC /~ NOl/fll'1!Sf CDP•,~ 01' l()f I s 9• E 12500' NO,;,,,_r~sT (:()!1•,£11 OF lOT I l! ..: >-.., w ::l < "'w 1--------------------------------' 0 N 89"50'22" W 125.00' 3: BLOCK 2. C TY C,l//1)£'/S DESCRIPTION: !HAT PART OF TH£ SE j SW j Of SECllOH J.I, TO'M'ISHIP 4 SOUTH. RANCE 68 WEST OF 111£ 61H P.M., BONC A PORTION OF LOTS 1 ANO 2, BLOCK 2, OTY CARO£NS SUB011o1Sl0N, BEJHC IIORE PARTICUlARL y DESCRIBED AS rouoWS: 8£CINNJlG AT TIIE NORlHWEST CORNER OF SAil LOT 1; lliENCE SOUTH 89 DECREES 50 ll!t.1/TES 22 SECOIDS EAST, ALONG THE SOUlli RIGHT-Of-WAY (R.O.W.) LINE Of ~!ST ctRARD Al/0/UE, 125.00 rEET TO THE NORriEAST CORNER Of SAID LOT 1; THEhCE SOUlli 00 OEGRUS 07 MINUTES 5J SECONDS WEST. ALONG 11\E EAST ltlE Of SAIO LOTS 1 AND 2. .l7.50 rEEl: THENCE NOR11i 89 DEGl!!ES 50 ILNUTES 22 SECONOS WEST, 125.00 rEET TO A POINT ON TH£ lltST UN( or SAID LOT 2 ANO 1liE £.6.ST R.O. w. l.ltlE Of SOOTH ACOIIA ST , lltENC( NOR11i CO OECl!EES 07 MoNUTES S.l SECONDS EAST, ALONG SAIi' EAST R.O.W. LINE or SOOTH ACOMA STREET, .l7.50 rEET r.:i THE PaNT Of BECIOONC. COUNTY Of ARAPAHOE. STATE Of CQ.ORADO. CONTAlh'lNC A TOTAL AREA Of 4,687.5 SOOARE F'EIT OR 0.1076 ACRE. o· 10' 20· JG' SCALE: 1" = 20' .-i!I NO. 2007-236()8 12-•-2007 > w ..J ..J <( !i! EX HI BIT B POINT or BEGINNING IN T£RstC1JON or lt(ST Ri'.:ilff er it-A 'f L •,t V ~s;t;:r;~:;r t;;.J~':11':". or m --S 89'50'2T E 125 00' ~ L ,., .. 5Q,Jlff R:GHT Of" lf"A Y L/.1. t r(Jfltltp W. GIRARtJ .a v! v\EST ENGLEWOOD PARKWAY ----- I ' !h ;:; o -,11. ---LxisJI ~it ~· --------------------------- -~ ---~'"~'.:""..".''.!: --~ ~ :~S;tM :::!$ 41 All{) 48L --~~I~ ~:~I[-~R;.7--------= --:.. --. r :'.5 Q. ~ EX!Sm.-C CCNC'!(T[ S,OCW~U( IICST /IJCIIT or .,, UN£ C, s Bfl(/,t)l>A r -• w 0 § 2 N ~~•50•22• W ,or .,, 12500' -----,o, "' Bd)CI< T. {NWOOO Af)OIT/ON TO l'h{ CITY OF ENGL£WOOO I DESCRIPTION: THAI PART Of THl SE l SW I OF S£CTI<»I 34, TOWNSHIP 4 SOUTH, R.vlGE 68 'l\t:ST Of THE 6TH P.M., BEING A PORTION OF LOTS 47 ANO 48. BLOCK I, ENWOOO ADDITION, BEING MORE PARTIC\,V,RLY DESCRIBED AS FOUDw.i: BEGINNING AT TH£ INTERSECTION OF THE WEST RICHT-Of-WAY (R.O.W.) LINE Of SOU111 BROADWAY, AN O THE SOUTH R.O.W. LINE Of WEST GIRARD AVENUE: THENct SOUTH CO DtGR£ES 07 MINUTES 53 SECONDS V.tST ALONG SAID \\HT R.O.W. LINE, 37.50 FEET; THENCE NOATH 89 DECREES 50 MINUTES 22 S°CONDS v.{ST, 12500 FEET; 111ENCE NORTH CO DEGREES 07 MINUTES 53 SECONDS EAST, ALONG THE WEST LINES Of SAID LOTS 47 ANO 48, 37.SO FEET TO A POINT ON SAID SOUTli R.O.W. LINE Of \\tST GIRARD AVENUE; THENct ,OUTli 89 DEGREES 50 MINUTES 22 SECONDS EAST, ALONG SAID SOUlH R.O.W. LINE. 12S.OO FEET TO THE POINT Of BEc.HNlNC, COUNTY Of ARAPAHOE. STATE Of COLORADO. CONTAINING A TOTAL AREA OF 4,687.5 SOUARE FEET OR 0.1076 ACRE. ( - I ' -."'.·' .. ~ .. · / :.,: ' ' . 10' 20' JO' SCALE: 1• = 20' •o· J08 NO. 2007-2J60A 12-4-2007 COLORADO ENGlt,EERING ANO SIJRll!YoNG, INC. 3470 SOU'll1 S,,(qMNl STREET 12. ENCU:IIOOO COLOl!AOQ eo11J JOJ-761 -e05 S Slhlhlll'.SI COI/Wl_/ or ,or ,, 0£SCRIPTION: A POR TI ON Of LOTS 1J ANO 14. 81.0CK 1. NIELSEN'S SUOOC'llSION, I.I""( PARllCUlAAl Y OEsat9EO AS fo..LOWS: COUIIENCINC AT THE NO'TH--CST CORtlER Of SAID LOT 1J; THEli CE SOUTH ALONG THE \\Bl LINE Of SAID LOT 1J, A OISIANC( Of 1 S 00 ffEl TO 1liE TRUE PONT Of B[Gl!,~.NG; THENC£ ON A CUR'IE TO TH( I.EFT MTH A RADIUS Of 4000 FUT, A onTA Of !!0"00'00", All() All ARC LmCTH Of 62.8J FUT, TO " PO,NT ON THE SOUlli UNE Of LOT 14; lliENC( ll£ST ANO ,',LONG THE SOUTH LINE Of SAID I.OT 14 , A 01STANCE Of 40.00 f E£T TO Tit£ SOUTH\\CST CORH(fl or SAID I.OT 14; THENCE NORTH, ALONG THE v.tST UNE Of SAID LOTS 1J ANO 14, A DISTANCE Of 40 00 FEET TO THE TRUE PONT or 11£CIHKIIG, CITY Of EN GU WOOD, COUNTY Of ~IJ' AHO£. STA TE Of C<l.ORAOO. CONTAINING A TOTAL ARE4 Of J4J SOU4RE FUT OR 0.0079 ACRE N ~ o· 10· 20· JO' 40• SCl,LE: 1 • = 20' --,a NO. 2007-2lo0 11-21-2001 COI.ORAOO O;ClNCTJllNG ANO SVR'Jt'llNC. INC 3<70 SOUTI! SHE•,..AN STREET (1. ENGLEWOOD COI.O~ADO 80113 303•761-8055 • • • COU Ol COMM UN ICATION Dale: Agenda llem: Subject: Janual) 11, 1008 12 bi A Resolu1ion Appro, ong the \Va" er of Building Pemut Fees and the Fee in Lieu of Park Land Dedication for Habi1a1 for Humanity of Metro Demer Initial~ By: Staff Souru: Communlt-, l)e,elopmenl D~ent Janet Gnmmeit Housing Finance Spedahsl COUNCIL G0At ANO PREVIOUS COU NCI L ACTION On January 7, 2008, Habitat for Humanit-, of Metre>Oerner (HFHlv'D) mel "11h Oty Council as a scheduled visitor .1 the CouncO mee ling to discuss their proposed housing project at 2310 Wes! Harvard Avenue. By decision. Council supported the submission or a grant application by HFHMD lo Arapahoe County to acquire and develop the si te Into eighl units of paired housing. Council agreed to consider HFH'-'\O's request to "'~e buikf111g p"ffl'lil lees and the fee 1n lieu of park land dedication associaled with this developmenl as part of 1he City's contribution to the project at the next Council meeting. A letter of support ~ted January 8, ~008 \\as signed by the Mayor • On )une 18, 2007, Council apprO\ed Resolutt0n No. 50, Series of 2007, waiving building permit fees assoclaied with the development of 2079 West Vassa.r Avenue inlo eight paired single family homes. RECOMMENDED ACTION Slaff recommends approving a Resolution waiving the b uilding permit fees and d,e fee in lieu of park land dedication assocuted "'ith the rede-elopment of 2310 West Harvard Avenue into eight units of paired housing proposed to be known by the foll01ving addresses: 2282, 2284, 2296, and 2298 West Harvird Avenue ind 22f3, 2285, 1297, and 2299 West ~""side Avenue. BACKG ROUND, ANALYS IS, AND ALTERNATIVES IDE NTIFIED Habi tat for Humanity or M ello Denser IHFHMD), a nor,.profit corporal ,,. :, a home ownership program that oners a constructl\ P means for fam ilies 10 break the cycle ot poverty. HFHMD builds and reno, ates single family detached homes. mgie family paired homes ind to,,n homes anywhere in the Den, er metropolitan area. Counc11 suppo rled the submittal of HFH MD's granl application to Arapahoe County at th e Janual)' 7, 2008 Council meeting. A letter of wpport dated January 6, 2008 was signed by the Mayor. Arapahoe County will be considering apprO\-al of HFHMD's grant applica tion In late January 2008 10 pu,chase the property loca ted at 2310 West Harvard Avenue. If lunds are approved by Arapahoe County, then the purchase of the property by HFHMD ls schPduled In March 1008. The e~1sling structure Is proposed 10 be demolished and HFHMD will app~• lo subdi"de the two large • lots into eight bu,ldable lots 1ha1 are In compliance with the current R·2·A zoning for that area. The new subdl\1Sion "ill create e,ghl lots proposed t.o be knO\, n as: 2282. 2284, 2296. and n98 West Harvard Avenue and 2283, 2285, 2297, and 2299 West Hillside A, enue. Paired single family homes are proposed to be built and each home "ill be sold to qualified low-income families. The home sizes will range from 1000 -1200 square feet and will be de5igned and built in compliance with the Englewood Unif•d Des eloprnent Code. HFHMD anticipates starting construction in late 2008. Cny staff is not in\lolved w,th the des elopmen; or the execution of this proJect except fo, the required subdivision. developmen~ and permitting reviesvs normally done for any development project. Other than forPgomg building permit fees and the fee in lieu of pa rk land dedication, no other moneta ry support is being provided by the City to HFHMD for this project. A Resolution is required to waive any ci ty fees. FINANCIAL I MPACT The City of Englewoo d will waive building permit fees and the fee in lieu of park land de di cation as Its contrl bulion to the pro)eL t. Based on the estimated square footage of th e ei ght housin g units and the siz e of the lot belns re deve lope d, the estimated total value of the fees being waived wil l be SS,700. LIST Of ATTACHMENTS Resolution Le tter of Support • • • • • RESOLUTIO'I NO . SERIES OF 2008 A RESOLUTION AUTHORIZING TH£ EXEMPTION OF THE HABIT AT FOR HUMANITY OF METRO-DENVER (HFHMD) FROM BUILO!NG PERMIT FEES AND THE FEE IN LIEU OF PARK LAND DEDICATION ASSOCIATED \\llll THE DEVELOPMENT OF EIGI-IT PAIRED SINOU ! FAMR.Y HOMES LOCATED AT 2310 WEST HARVARD AVENUE. PR(loOSED TO BE KNOWN AS 2282, 2284. !..'96 AND 2298 \\'EST HARV ARD A VENUE ~~• 2283. 228 S, 2297 AND 2299 WEST HILLSIDE A VENUE. WllEREAS. the Habi tat for Hwrumity of Metro Denver (HFHMD). a non-pro!i1 corporauon subnuucd a pm applicauoo 10 Arapahoe COlllll)' 10 purchase property loca1cJ at 2310 West Harvard Avenue: and WHEREAS. Arapahoe Cnunty is cxpcctcd to approve the gram application and HFHMD to purchase 1he propcny in March 2008; and \\'HEREAS, 1he HFHMD requested 1he ::ity 10 waive the Building Pcnnit Fees and the fee ID lieu of Park Land dedication associated ,.'Uh Ibis de\·clopmcnt at the Engle..-ood City Council Mce1ing Jonua~ · :008: an~ WHEREAS, the Engl ewood Ci ty Council supponcd HFHMD's grunt apphcauon and also appnl\"Cd by conv •J5 HFHMD's rcqlldl 10 \\"II''~ bllilding penrut fCC$ and the fee ID lieu of park land dedication associated with this development as pan ofEnglc..-ood's contribution 10 this project; NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO.THAT· ~-The City Council of the City of Englc..-ood. Colorado hereby authorizes an cxcmplton of the Hnbuat for Humanity of Metro Denver fro m the building pcnnit fees and the fee in lieu of parlr. land dedication associated -..ith 1hc development of eig)lt units of paired housing located at 2310 West Harvard Avenue, proposed to be lr.nown as 2282, 2284. 2296. and 2298 West Hm...-d A,'ffllle and 2283. 22ll5. 2297 and 2299 West Hillside Avenue. A001'1B) AND APPROVED tlus 22"' day of Janullt)'. 2008. ATfEST; James K. Wood..-anl. Ma)'Or Loucrishia A, Ellis, City Clerk L Loucnshia A Ellis, Ci ty Clerk for the City of Eoglc..-ood. Colorado. hereby ccnify the above is a true copy of RcsolUllOII No. __ • Series of 2008 . Loucrishia A. Ellis. City Cleric • • • {~ C T y 0 F E N C I T l C 0 I., January 8, 2008 Ms. Lynne Brown, Director of Administration Habitat for Humanity of Metro Denver 1500 W. 12:h Avenue Dem•er, CO 80204-3410 RE: Letter of Support Dear Ms. Brown: G L E \V 0 0 D '-l I l Tbnnk you for IT!eeting with the Englewood City Council to discuss your organizabon, Habitat for I iumanity of Metro Denver, and your proposed development in Englewood . It is our understanding that you are applying to Arapahoe County for funding for the acquisition and deYelopment of 2310 W. Harvard Avenue into eight units oi p~ired housing to I.le funded by the HOME Investment Partnership~ Act program (HOME). The decision of the City Council at their January 7, 2008 Council Meeting was to approve supporting your HOME application to Arapahoe County for the general development of the 8-unit project. As part of the City's contribution to your project, the City Council will consider your request to waive building permit fees and the fee in lieu of parkland dedication associated with this de\'elopment at the next Council meeting. We look forward to partnering "ith you on the development of 2310 W. 1-lar\'ard Avenue. Your presentation was l'ery informat ive and the senices your organization provides are needed and welcomed in oi:r community. Sincerely, -~\,J~ es K. Woodward ·or cc: Gary Sears, City Manager Alan White, C,mmunity Development Director Karinne Wiebold, Arapahoe County, HCDS A.U~o, ,..., \','tk>CM,Hd, -~ LIISt" • \l.11yo, P,o r~'l\ IMn H '-l')UII" l)o\(.J .! /Of' jll!'lfl"lli'ln D•W.ct I • Soh Mc(.a '-" Al Ur~• • \', l,~ (i~lt'"Y Ootncf ~ ■ ~ • .ncf)' l'r111t, 0 1\r11.:1 ) ■ hit\'\,/ .\t L,j•;,, IOO<J [ngk"ood f.irl..,,,y [n~lewood. Colorado 80110 PhonP 301,-62 ~310 f>,X JOJ ·5~.i.;oa • • • MEMORANDUM TO: THROUGH : Mayor Woodward and Members of City Council Gary Sears, City Manager FROM: DATE: SUBJ ECT: Sue Carlton-Smith, Executiv~ant January 17, 2008 NLC Conference Expenses You have requested expenses concerning the National League of Cities Conference, March 8-12, 2008, in Washington , D. C. Listed below are estimates per person for travel expenses for the conference. Expenses will vary depending registration, conference classes, length of stay, hotel assignment and per diem . Air Fare/Shuttle Registration & Classes Hotel Meals Total If you have any questions, please let me know . $500.00 600.00 1,250.00 3t!.sJl2 $2,735.00 12 bii