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HomeMy WebLinkAbout2006-04-17 (Regular) Meeting Agenda Packet·--- Regular City Council Meeting April 17, 2006 Ordinance# 6, 7 , 8, 9, 10, 11, 12 , 13 Resolution# ~ ~. 4'i., 44 , 45 , 46, 47 , 48 , 49 ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session April 17, 2006 1 . Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:35 p.m . 2. Invocation The invocation was given by Council Member Barrentine . 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 4 . Roll Call Present: Absen t: Council Members Tomasso, Moore, Barrentine, Oakley, Mccaslin. Woodward, Wolosyn None A quorum was present. Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty Deputy City Clerk Bush City Clerk Ellis Director Olson, Safety Services Director Fonda, Utilities Director Gryglewicz, Finance and Administrative Services Medical Services Chief Jim Ulrich , Safety Services Police Sergeant Watson , Safety Services Police Sergeant Condreay, Safety Services Fire Division Operations Chief Pattarozzi, Safety Services Fire Battalion Chief Ertle, Safety Services 5 . Consideration of Minutes of Previous Session (a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 3, 2006. Mayor Wolosyn asked if there were any comments . There were none . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward , Tomasso. Oakley Nays : None 6 . Recognition of Scheduled Public Comment Englewood City Council April 17, 2006 Page2 (a) Shelley Thompson, Englewood Housing Authority Chair, said Dawn Shepherd, Executive Director of Englewood Housing Authority, and Rodger Hara, a Vice-chairman of the Englewood Housing Authority are here with me tonight ... so we are thrilled to be here . Thank you for giving me the opportunity to address the Council. I am here to substantiate and re-enforce the letter dated March 8, 2006 from the Englewood Housing Authority's Board requesting the Mayor and the City Council waive the permit and development fees of $1,450.00 applicable to the PUD for our proposed Senior Development, at the corner of Highway 285 and South Pennsylvania Street. I'm hoping and quite sure that Jim has been keeping you updated on our plans, but we are very excited to have a proposed development that is a beautiful five story, 62 unit residence, which will be affordable to lower and moderate income seniors . Currently, our senior housing choices in Englewood are limited to the Meridian Retirement Community or Simon Center and Orchard Place and many seniors, who wish to downsize from single family homes, find that they will have assets or income exceeding the limits of subsidized housing but inadequate for Meridian's requirements . So they truly are falling in that no-mans land between the two options . Our development will offer those seniors an affordable option to stay in their own community . Our development will give Englewood seniors the option of remaining in Englewood as they downsize out of their homes and into their next option. Our development will offer the added benefit of aiding in the revitalization of the area surrounding Swedish Hospital and improving the landscape along Highway 285 and we are thrilled to be able to play a part in this notable effort. The Board wishes to reiterate our appreciation of ou,r cooperative working relationship with the City. It really has been a pleasure. And I think that it has really blossomed under Dawn Shepherd, OLJr current Executive Director. We are grateful for your past partnerships as evidenced by the waivers you have previously approved for both the Simon Center and Orchard Place . We sincerely hope that we can look forward to your continued partnership in this exciting new endeavor . Thank you very much for considering this request. Are there any questions or anything else for me this evening? Mayor Wolosyn said do you have a timeline on when you need to be notified after Council takes this under advisement? Ms . Thompson said let me defer to my Executive Director on that question. Dawn Shepherd , Director of the Englewood Housing Authority, said it would really enhance our application to the Colorado Housing Finance Authority for Tax Credits that would help to subsidize this development. So that application will be going in at the end of August. .. if we could know by then, it would be greatly appreciated. Mayor Wolosyn said oh yes, it will be in plenty of time for that. Council Member Woodward said I think you are going in front of Planning and Zoning tomorrow , is that correct? Ms. Shepherd said yes , that is correct. Ms . Thompson said this kind of support from the City is really a nice thing to be able to evidence when we are talking with the Authorities who are responsible for making the decision . They love to see that we are in close partnership with the City on these kinds of projects . Mayor Wolosyn asked if there were any other questions . Council Member Woodward said I will bring it up under Council Members Choice . Ms . Thompson said absolutely, please don't hesitate to call either Dawn or me with questions and of course , Jim is a wonderful, wonderful part of our Board and can answer any questions that you might have as well . Mayor Woloson said thank you guys for coming ... It's actually a great project. 7 . Recognition of Unscheduled Public Comment (a) Douglas Cohn , 3051 South Marion Street , said I have a couple of things to talk about tonight. The first one has to do w ith that brand new New York Sub Shop that opened right beside the Gothic Theater. I don 't know if you guys have pa id any attention to that. A couple of entrepreneurs came into town, bought an old build ing , worked on f ix ing it up , got all the permits , got the certificate of occupancy, opened the business and for a bout two days ha d a great business and now they are closed . I don't know exactly what happened here , but Englewood City Council April 17, 2006 Page 3 the City closed them down . It has something to do with the permits that have something to do with, I understand, the grease trap . I guess I am appalled that the guys went to all the trouble to get this place in order with all the permits and they got the CO and everything and then, whamo, something went wrong some place . I really would like you all to look into that one. Someone call the guys on the phone and say I'm sorry, we made a mistake here. The other issue ... the City of Aurora ... Aurora is working really hard on becoming the City and County of Aurora. And, I don't know if you guys have thought about that. .. the implications of that one . If that happens and when that happens, Aurora will cut Arapahoe County in half geographically. Even more than that. .. do they have 65 or 70 percent of the whole population of Arapahoe County? When they pull out and form their own separate County that is going to leave Centennial, Littleton, Englewood, Sheridan and Deer Trail as the funding for Arapahoe County. I think that might be a thing worth talking to the other City Councils about and making some kind of a contingency plan. That's all for tonight. Thank you. 8 . Communications, Proclamations and Appointments (a) considered . A Proclamation expressing support for the American Cancer Society's Relay For Life was COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION EXPRESSING SUPPORT FOR THE AMERICAN CANCER SOCIETY'S RELAY FOR LIFE. Mayor Wolosyn asked if there were any comments. There were none. Vote results: Ayes: Nays: Motion carried . 9 . Consent Agenda Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward, Tomasso, Oakley None (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading . (b) Approval of Ordinances on Second Reading There were no items submitted for approval on second reading . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (c) (i) AND (Ii). (c) Resolutions and Motions (i) A contract with Waste Management, Inc., for the Allen Water Filtration Plant Residuals Removal and Disposal Service Agreement, in the amount of $49,768.00. $38 ,000 .00 . Vote results : Motion carried . (ii) A study of an Initial Distribution System Evaluation model , by MacTec, in the amount of Ayes : Nays: Council Members Barrentine, McCaslin , Moore , Wolosyn, Woodward, Tomasso, Oakley None 1 O. Public Hearing Items Englewood City Council April 17, 2006 Page4 No public hearing was scheduled before Council. 11 . Ordinances, Resolutions and Motions Mayor Wolosyn said I would like to say before we get into this section that the City Attorney's Office and the Utilities Department has asked that we pull Agenda Item 11 (a) (ii). There are some details they want to work out on this agreement so that will becoming before us at another meeting . (a) Approval of Ordinances on First Reading (i) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to approve a bill for an ordinance amending the education requirements for reflexologists to allow an applicant a license if they possess a valid certificate from a state recognized reflexology certification board . He said as Council knows , this is a relatively recent ordinance . We have gathered quite a bit of input on this license and even in the short time that this license evolved, we have changed the language just slightly a couple of times to make this a little bit more inclusive . This would allow an applicant with a certificate from a State recognized reflexology certification board to apply for and obtain a license . I think this may affect one person that has practiced in the City under the supervision of a doctor so I think this person is more than qualified . Anyone who would be certified under a State recognized board would be qualified to practice in the City of Englewood . Mayor Wolosyn asked if there were any questions for Mr. Gryglewicz. There were none . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO . 6. COUNCIL BILL NO . 6 , INTRODUCED BY COUNCIL MEMBER TOMASSO A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 8, SECTION 3, SUBSECTION C , OF THE ENGLEWOOD MUNICIPAL CODE 2000 , WHICH PERTAINS TO REFLEXOLOGY EDUCATION REQUIREMENTS . Mayor Wolosyn asked if there was any discussion . There was none . Vote results : Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore, Wolosyn, Woodward, Tomasso , Oakley Nays: None Mayor Wolosyn said thank you Frank . (ii) A recom m endation from the Utiliti es Department to adopt a bill for an ordin an ce app rov ing an In tergovernmenta l Agreement for reimbursement of an overcharge to Southgate San itat ion Distri ct prope rt y own ers was pulled from the agenda . (b) Approval of O rdinances on Second Read ing There were no items submitt ed for app roval on second reading . (c) Resolutions and Motions (i) Director Gryglew icz presented a recommendation from the Department of Finance and Administrative Services to approve a Resolution authorizing a supplemental appropriation to the 2005 Year End Budget for various General Fund departments . He said this is a supplemental appropriation to the 2005 Budget Englewood City Council April 17, 2006 Page 5 for a number of departments and divisions. What often happens is until all the bills are in, we are really not sure what the total expenditure number will be for the year end . In this case, in the General Fund , the entire supplemental is $127,000 .00 and that includes from the Finance and Administrative Services Department, a sales tax auditor position (which I think you are aware of this), that has paid more in the total expenditure, in collections, that the position has collected in 2005. Parks and Recreation got hit with a lot higher energy bills and some utility costs . Public Works, of course, had a major impact in utility increases in 2005 and the City Manager's office had an unanticipated salary increase that was not in the original budget. So, those are the General Fund items. Unfortunately, we don't know exactly how the year will end but we come to Council, after the books are closed, and have this approved by you . In the Public Improvement Fund, what happened here was the revenues for that Fund have not been quite as estimated but the Capital Projects Fund had a little bit more money in its fund balance, so this is just a transfer to make that Fund whole . In the Donors Fund, there was an unanticipated expenditure from the Forfeiture Board, which was approved by the Forfeiture Board, for document scanning . That was $48,400.00 . The Sewer Fund, because the construction schedule has gone ahead better than planned, they expended $2 .2 million more for the project than they have but they made progress on that and that was not anticipated or budgeted for in 2005 . The Service Center because of increase cost of fuel, they increased their interdepartmental billings, but they also had an increase in their cost of fuel in 2005 of $80,000 .00 that was not anticipated . And the Risk Management Fund had an increase of $27,000 .00 and that was due to unanticipated excess property and liability claims . Mayor Wolosyn asked if there were any questions for Mr. Gryglewicz. There were none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i)-RESOLUTION NO. 41. RESOLUTION NO . 41 , SERIES OF 2006 A RESOLUTION APPROVING THE 2005 YEAR END SUPPLEMENTAL APPROPRIATIONS TO COMPLY WITH CITY CHARTER REQUIREMENTS. Mayor Wolosyn asked if there was any discussion . There was none. Vote results : Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward. Tomasso, Oakley Nays : None Motion carried . (ii) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to approve a Resolution authorizing a supplemental appropriation to the 2006 Budget for the Finance and Administrative Services Department. He said this is a supplemental to the 2006 Budget of $35 ,000 .00 to hire an Accountant II for half the year. Our Revenue and Budget Manager has been with the City for quite some time and she is going to retire in the first quarter of 2007. What we would like to do is move people internally into those positions , but when you have someone with 20 plus years of history with the City , we would like to be able to gather some of that knowledge and conduct some cross training prior to making that transition . This would allow everybody to move in, get cross trained and we will have a smooth transition in 2007 . As I noted in the Council Communication , this will only increase the employee count in Finance just for half a year , and then we will go back to our normal count. Mayor Wolosyn asked if there were any questions for Mr. Gryglewicz. Counc il Member Woodward said I just want to mention that I recall that during the 2006 Budget Retreat back in September, we had discussed it. It was a line item . It was also an item that Frank volunteered to pull out, not know ing what our financial situation was going to be , and I think that I had recommended, at that time, to leave it in and mark it as one of those items that could come out. So , I am certainly in support of this Agenda Item (c) (11). Englewood City Council April 17, 2006 Page 6 Mayor Wolosyn asked if there were any other questions. There were none. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) -RESOLUTION NO. 42. RESOLUTION NO. 42, SERIES OF 2006 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2006 BUDGET FOR THE FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT. Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward, Tomasso, Oakley Nays : None (iii) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to approve a Resolution authorizing a supplemental appropriation to the 2006 Budget for Safety Services , Fire Division , to upgrade the LifePak 12 diagnostic equipment. He said you are probably aware that we do quite a bit of transport of accident and other patients to the hospitals . This is to upgrade some of the equipment that is used in those transport services . To be honest with you, I'm not sure exactly what these do, so if you want the specifics; we have Jim Ulrich back there who could tell you . The total supplemental for this is $14 ,837 .00 and as Jim had given me a list, they are actually increasing some of their fees, which should more than cover this expenditure . But, regardless of that, these are upgrades that can protect and save lives, so it is a needed upgrade that will help our citizens. Mayor Wolosyn asked if there were any questions . There were none . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iii) -RESOLUTION NO. 43 . RESOLUTION NO . 43 , SERIES OF 2006 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2006 BUDGET FOR THE SAFETY SERVICES DEPARTMENT IN ORDER TO UPGRADE THE LIFEPAK 12 DIAGNOSTIC EQUIPMENT . Mayor Wolosyn asked if there was any discussion . Council Member Barrentine said, given the recent documentation that we had provided to us at the last Council meeting about the kudos given from the hospital, and just how well they are doing and all of this, I am glad they are upgrading this equipment to make it a little bit easier to do the kind of work they are doing. It is impressive . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None 12 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn said in 2004 our Community Development Department received the Governor's Award for Downtown Excellence and tomorrow they are finally getting around to receiving their Englewood City Council April 17, 2006 Page 7 awards from 2004 and I think 2005 at the State House . I am going to go down with Harold Stitt for that in the morning. I don 't know if Darren is going but I know that he played a large part in getting this award . (b) Council Members ' Choice (i) Council Member Barrentine : 1 . She said I had a chance to spend a little bit more time in the downtown area and was just really impressed with a lot of the energy that is going on down there . It is nice to see the kind of things that UnDici is doing and the Truck Stop, the Auld Dubliner, and Table Steaks . But Broadway ... I had a chance to talk to the gentleman who put a $100,000.00 investment into what was the Broadway Grill which is now George's Grill and Jerry's Artarama , just went in over there . I think we have some really good energy going on for this new project that is just around the corner on Acoma Street, that everybody is very excited about. So I just wanted to tell him, I don't think his name is George, but I wanted to thank him . The Broadway Grill was not an exemplary business on Broadway. It was something that people had complained about a lot and he is trying to turn that into more of a family venue and I got a nice tour there and I even felt comfortable having my son there . He was glad to have done the remodeling and removed the motorcycle marks off of the floor and I think that is really the trend we are going to see start to happen down in that area . 2 . She said I wanted to bring up that Positively Englewood is having their second annual golf tournament. That will be on June 12'h . There will be information in the Englewood Citizen . (ii) Council Member Tomasso said I want to thank the Police Department and the Fire Department for the excellent job they did on the accident on Elati two Saturdays ago , in their response time and how they handled the neighbors . The entire situation was really handled well and I would like to congratulate them on that. (iii) Council Member Woodward : 1. He said I want to make a motion to do a resolution to wa ive the $1,450 .00 PUD fees that Shelley Thompson and Dawn Shepherd had brought forward here for the Englewood Housing Project. This is in between the Meridian and Orchard and this is the type of project of affordable housing that seniors, in our community, are looking for. Anything that we, as a City, can do to support that , I am for and also being the liaison on that Committee , I have been very involved with it. Mayor Wolosyn said I have a question. Dan, is it a resolution that you would bring back? City Attorney Brotzman said yes, it would be a resolution and then they can use that in all their processes . Mayor Wolosyn said do we have a consensus on this vote? Council concurred .. 2 . He said Thursday at the ACE meeting, one of the members ... Katie from the Chamber of Commerce ... had announced that on September 9th there was approval for shutting down Broadway for Old Town Merchants and that, evidently, Laurett, you had helped and made that announcement at some sort of meeting and the consensus at that particular meeting, of the members that were there, was that it was not a good idea and how did we get there? My response was that it was the first time I had heard about it. I didn't know anything about it. One of the things that I just want to bring up is with something like this, isn't this something that we had discussed back in January as to our guidelines for Council and the appropriate venue would be to make a Council Request to the City Manager, so all Council members are aware of what this type of request would entail , which would certainly be Safety Services , Public Works and .... Council Member Barrentine said are you asking me a question? Mr. Woodward said I am presenting it to Council. Council Member Barrentine sa id there isn't anything to present until you know that you have an event. I am so sorry, but hopefully in the future , you will feel comfortable to come and talk to me before you bring it up In this kind of venue . Englewood City Council April 17, 2006 Pages Council Member Woodward said I intended to bring it up at Study Session but. .. Council Member Barrentine said you misunderstood . What we were trying to do ... and it will be in the Englewood Citizen , so I'm glad you brought it up ... , is an effort to explore the possibility of bringing back the parade and the potential of bringing back maybe Englewood Days ... , working on the Car Show that they had last year. Right now there is no event to bring to Council. So, what Rick Kahm was asked was, is there a potential, that if a potential exists that we could go back to them and tell them that the potential exists to close down Broadway, his answer was yes. Now, with that answered , then at least it could be explored whether we can do an event. So there really isn't anything to bring to Council yet, so it is just an exploratory thing, we are trying to find out whether there was any interest on the part of the businesses down there to share their events, whether we could get any citizens interested, what kind of energy we could get going in an effort to not try and stop that creativity and discussion . That was the first thing that was brought up . So you can 't bring up that maybe there might be some time in the future an event and I'm really sorry that you didn't come and ask about it. But I asked if the Chamber would be interested ... they had already voiced an interest in being part of the Car Show, would they be interested and I said we have at least got a commitment that they would consider closing down that two blocks of Broadway so until we have something to bring to Council ... , and I kind of have to object to your bringing it up as if something was being done behind peoples back and it was not. I am sorry that you perceived it that way, but that was not what was going on . Council Member Woodward said what was said was, that it was approved and it was presented . Ms . Barrentine said I can't speak for the verbiage that somebody else used in speaking to you, but I already answered your question as to how it was presented at the meeting ... like it was a done deal, so I would suggest maybe you may want to get with the Executive Director of the Chamber of Commerce. Mr. Woodward said Your Honor, she is out of order, I believe . Mayor Wolosyn said okay, I will just tell Katie that she obviously got it wrong and I will take care of it. Council Member Barrentine said that we are exploring the possibility of having an event that might include us being able to close Broadway down . Mayor Wolosyn said I will clear it up with Katie, thank you . Council Member Woodward said well again, I request that maybe that should go through the City Manager and then on to the rest of Council and then on to the appropriate departments. That's all. There is nothing else to say Laurett . Ms . Barrentine said and I don't believe ... that was not ever discussed that we couldn 't have ... Ms . Wolosyn said we ... Ms . Barrentine said no, I have to object to the way this is being brought up ... as if something, some conspiracy is going on . People have every right to go ahead and explore the possibilities of what they can do, in order to have an event that hasn't happened before and have conversations , without it all going through the bureaucracy of the City . Those conversations can happen, free speech still reins in Englewood, and we can bring ideas without it going through some process of micromanaging . I do not believe that was ever the intent. Nor was it my intent to do anything conspiratorial, Jim . I hope that in the future, you will bring those questions to me , so I can clear it up . Council Member Woodward said I was going to bring it up at Study Session, but as I said, we didn't have time and I wanted to bring it up . Mayor Wolosyn said this is where we like to discuss things in an open forum . Ms . Barrentine said my number is on there, so you can call me . 3 . He said the only other item that I had was in the Council information that we received in the Newsletter in the Sheridan stuff and I guess maybe this is a question for Stu . These resolutions declaring the Sheridan City Council's intention to construct certain municipal water distribution improvements, and to establish South Sheridan Industrial Area Water Special Improvement District... do you know anything about that or what that means ? I'm just curious . I'm sure it has to do with their development, but how does it affects us? Englewood City Council April 17, 2006 Page9 Director Fonda said it doesn't affect the Water Utility. We don't serve in Sheridan ... any new taps. Mr. Woodward said okay. Mr. Fonda said they are principally served by Denver. Mr. Woodward said are they also their sanitary sewer then? Mr. Fonda said we handle the sanitary sewer on the east side of the river and we work with them on sanitary sewer ... largely, because of geographies, they have no other place to go. They are part of the regional plan to be served by the Bi-City Center. Council Member Woodward said okay ... so their resolution then ... their second one declaring Sheridan City Council's intent to construct certain sanitary sewer improvements ... Mr. Fonda said we have reviewed those . Mr . Woodward said okay, great. xxxxx Mayor Wolosyn said I just want to comment. Thank you, Jim, for bringing that issue up about ACE and thank you, Laurett, for your comments . These things happen in a town ... by the time we hear of them, they sound like they are law and this is a good place to clear it up. 13 . City Manager's Report (a) City Manager Sears said I just wanted to pass out the report that was finished by the Community Development Department on the Economic Development Retreat information . We will be happy to send it to DRCOG, CML and other communities if you would like. It is very expensive to put in the Citizen. Right now the Citizen is very full, so we basically are going to put in a piece within the Citizen that says this information is available ... a little bit of a review of that for citizens that were there. If Council would like us to put it into the Citizen, we can actually pull together a cost , but I believe it is going to be pretty expensive with the colored piece . Ms . Wolosyn said I'm wondering though, can it go on the web? Mr. Sears said yes and in fact, Bob has actually put together the full book ... the big book that you have . And the full book will now be put into the web site and on a disc and the disc is going to be made available . So, if you are interested in that book on a disc, I just want to let you know that it is there . We are very happy to at least have that done. (b) City Manager Sears said CML is coming up the first part of June, so if you are planning to go to that, fill out the report and get that information back in. (c) City Manager Sears said tomorrow we have a staff budget review . The staff is coming together to really take a look at our budget and focus on outcomes that focus also on revenues and expenditures so we can be prepared for the May 131h Council Budget Retreat discussion . So, we will not be around . We will be accessible tomorrow, but we need to get all the minds together to focus on the 2007 Budget. (d) C ity Manager Sears said, again, we did provide a report back to the Council on the New York Sub Shop with information from one of our Council requests and we will continue to keep Council posted on the status of that. .. of the Sub Shop . Council Member Woodward said Gary, I would like to just share mine with Doug Cohn after the meeting so he knows what happened . City Manager Sears said that would be fine and as we work with them on the myriad of issues that they have on that building, we will again try to promote , making sure that it is open , but that it also meets all of our requireme nts . (e) City Manager Sears said I also wanted to say thanks to Safety Services . I know they did some work on a recent fatality. I know that the Police and Fire staff worked to try to make that work and they are taking a look at that area to see if there are some things that can be improved on , in that vicinity . (f) City Manager Sears said we also received a very nice letter. It should be in the packet to you this Thursday on the All Saints issue on March 26 1h with the Baptist Church and again they were very pleased with the work that Safety Services did regarding that. Englewood City Council April 17, 2006 Page 10 14. City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15 . Adjournment MAYOR WOLOSYN MOVED TO ADJOURN . The meeting adjourned at 8:11 p.m . AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, April 17, 2006 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. '1: 35 pn-, 2. Invocation. M~ &urv~-hnv 3. Pledge of Allegiance. ~or--WoLos~ 4. Roll Call. 0 (VO SUt--+- 5. Consideration of Minutes of Previous Session . a. Minutes from the Regular City Co1:m(iil meeting of April 3, 2006. o.,pprD Ve.cl 7--0 i::omas5o h\.-0 v ep.._.. 6 . Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes.) 7. a. Shelley Thompson , Englewood Housing Authority Chair, will discuss waiver of development fees associated with the Senior Development Planned Unit Development on South Pennsylvania. ~h ~kvtd--a.A.so -5P (l._J(__L . Recognition of Uns cheduled Public Comment. (Please limit your presentation to five minutes. Time for un sch eduled publi c comment ma y be limited to 45 minutes and if limited shall be co ntinu ed to G en eral Di sc us sion.L f C-n 'f of-, p a~ bOU.q toH-N 305 I .S . Mtln 1>r1 S . Acl.t.o~ 1; N'/ 5().o ..Stb (8.U,c null../,j "\ ( t./~tl Co mmuni ca t ions , Pr o cl amati o ns , and App o intments. (Ary tJ C,tu1rty) a. Procl am~tion ex i:1r ess in g suppo t for th e Ameri can Cancer Society's Rela y For Life . vJoo o Wi v-rn o ve , 9. Co nse nt Age nd a It ems. a. A pp rova l of O rdin ances o n Fir st Rea din g. '& b . App rova l of O rd inances o n Seco nd Rea ding. '&. Ple,1 . e no te: If yo u h,1 e ii di ilbi lity and n ed ilU iliary ilid or rvic s, plea e no tify the City of Eng l ewood (3 0 -7 62 -240 7) at lea t 48 hour in ild an e of when servi es are needed . Thank you . Englewood City Council Agenda April 1 7, 2006 Page 2 ii. Recommendation from the Englewood Water and Sewer Board to approve, by MotionJ the Allen Water Filtration Plant Residuals Removal and Disposal Service Agreement. Staff recommends awarding the contract to the sole source, Waste Management, Inc., in the amount of $49,768 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Recommendation from the Utilities Department to approv e, by Motion, an Initial Distribution System Ev aluation model. Staff recommends awarding the bid for the study to the lowest acceptable bidder, MacTec, in the amount of $38,000. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. 10. Public Hearing Items. (No Public Hearing Scheduled .) ~ 11. Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading . ./'\ ,.. 0 (D I eO i. Council Bill No. 6 -Recommendation from the Department of Finance and ' I ~ 0 Administrative Serv ices to approv e a Bill for an Ordinance amending the C l, I ' education requirements for reflexologists to allow an applicant a license if the y /. l)'{'J\ \J possess a v alid certificate from a state recognized reflexology certification board. \ STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. b . C. 7.... - Council Bill No. 7 -Recommendation from the Utilities Department to adopt a Bill or an Ordinance approving an Intergovernmental Agreement for reimbursem ent of an o vercharge to Southgate Sanitation Distri c t property o w ners . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Approval of Ord in a~n Seco nd Rea din g. Resolu t ions and Motions. i. ii . Recommendation from th e D epartm ent of Fina nce and Adm inistrati ve Serv ices t o app rove a Reso lutio n auth o ri z in g a suppl em ental appro pri ati o n t o th e 2005 Yea r O End Bu dge t fo r va ri o us G eneral Fund dep artm ents. STAFF SOURCE: Frank '1 -f". J Gryglewicz, Director of finance an~ Administrative Services. t<.f pn) V "f} \/\.lOOO W ().£ () mov ed Re co mmendat ion from th e D epartm ent of Fin ance and Admini strat ive Services to app rove a Reso lut ion duth oriz in g a suppl em ental appro p ria t ion t o th e 2006 Budge t for th e Fi nance and Admin is t ra ti ve Se rvices D ep artm en t. STAFF SOURCE : l)_,,Q Frank Gryglewicz, Directpr of Financ j and Administrative Services . /\ Vf J vJOQO Wi Y(J {'(/()(Pr,.. u 0 l e : If yo u have a di abi li ty and need .1 uxili ary aid s or erv i es , plea notify th e ity of Eng lewood ( 0 -762 -2 40 7) at leas t 48 hour in advance of when ervi e are needed . Thank you. Englewood City Council Agenda April 1 7, 2006 Page 3 Recommendation from the Department of Finance and Administrative Services to -·· approve a Resolution authorizing a supplemental appropriation to the 2006 r)-0 a.pf¥() (eJ Budget for Safety Services, Fire Division to upgrade the LifePak 12 diagnostic equipment. STAFF SOURCE: Frank Gryglewicz, Directo~of Finance and Administrative Services. tO rY\tlSS0 m 0\1 (' U 12. General Discussion: a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. 15. Adjournment. The following minutes were transmitted to City Council between March 31 and April 13 , 2006. • Election Commission meeting of February 21, 2006. • Englewood Housing Authority meeting of January 4, 2006. • Liquor Licensing Authority telephone polls of February 15 and March 1, 2006. • Planning and Zoning Commission meeting of March 7, 2006. • Englewood Public Library meeting of March 14, 2006. PLEASE PRINT PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED VISITORS DATE: April 17, 2006 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES NAME ADDRESS TOPIC 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session April 3, 2006 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:31 p.m . 2. Invocation The invocation was given by Council Member Barrentine. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn. 4. Roll Call Present: Absent: l A quorum was present. Council Members Tomasso, Moore, Barrentine , Oakley, Mccaslin, Woodward, Wolosyn None Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Olson, Safety Services Director Gryglewicz, Finance and Administrative Services Engineering/Capital Projects Administrator Henderson, Public Works Research and Technology Manager Everhart, Safety Services Director Kahm, Public Works Director Long , Library Chief Building Inspector Smith, Safety Services Field Operations Administrator Nimmo , Public Works Open Space Manager Lee , Parks and Recreation Community Development Manager Stitt Police Commander Sanchez , Safety Serv ices Fire Division Operations Chief Pattarozz i, Safety Services Fire Battalion Chief Fox, Safety Services Police Sergeant Watson , Safety Services 5 . Consideration of Minutes of Previous Session (a) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MARCH 20, 2006. Mayor Wolosyn asked if there was any discussion . There was none . Vote results : Ayes : Counc il Members Barrentine , Mccasli n , Moore, Wolosyn , Woodward , Tomasso , Oakley Englewood City Council April 3, 2006 Page2 Nays : None Motion carried. 6 . Recognition of Scheduled Public Comment There were no scheduled visitors . 7. Recognition of Unscheduled Public Comment (a) Doug Cohn , 3051 South Marion Street, said tonight I wanted to come and say thank you. As you guys have been looking over the Acoma Street Development project, I, on behalf of the merchants on Broadway, really appreciated your willingness to consider some of our concerns as you were making the deliberations . And, I and the guys along Broadway think that you made a good choice . So I just wanted to come and say thank you . Well done! Mayor Wolosyn said thank you . 8 . Communications, Proclamations and Appointments (a) A letter from Joseph Christie announcing his resignation from the Englewood Transportation Advisory Committee effective March 24 , 2006 was considered . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO ACCEPT, WITH REGRET, THE RESIGNATION OF JOSEPH CHRISTIE FROM THE ENGLEWOOD TRANSPORTATION ADVISORY COMMITTEE EFFECTIVE MARCH 24, 2006. Mayor Wolosyn said I w ill add my regrets also. Vote results : Motion carried . Ayes : Council Members Barrent ine , Mccaslin , Moore, Wolosyn , Woodward , Tomasso, Oakley Nays : None Mayor Wolosyn said Joe was wonderful. He was one of the first people to step up and be involved in that committee and I think he made a great, positive first step . (b) considered . A proclamation honoring Chris Ransick as recently appointed Poet Laureate of Denver was COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING CHRIS RANSICK AS RECENTLY APPOINTED POET LAUREATE OF DENVER. Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward , Tomasso, Oakley Nays : None Mayor Wolosyn presented the proclamation to Director Hank Long . She stated I believe Chris is teaching tonight. I went down to see Chris honored by Mayor Hickenlooper in Denver ... as I know Hank did. Chris works hard no matter what and it is a great honor. Please extend that to him . Director Long said Chris asked me to pass along his appreciation for this proclamation , which we will share with him at the upcoming Library Board meeting . He is deeply touched and honored by this . (c) A proclamat ion declaring April 1 ih through Apr il 23'd as Community Development Awareness W k was consi dered . l Englewood City Council April 3, 2006 Page3 COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING APRIL 17TH THROUGH APRIL 23RD AS COMMUNITY DEVELOPMENT AWARENESS WEEK. Mayor Wolosyn asked if there was any discussion . There was none . Vote results: Motion carried. Ayes: Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays: None Mayor Wolosyn presented the proclamation to Community Development Manager Stitt. Mayor Wolosyn said this has to do with the Community Development Block Grants and I think it is really important that all municipalities recognize the great boon they are to our communities. Mr. Stitt said yes, I would just like to say thank you on behalf of the Community Development Department. (d) A proclamation declaring Friday, April 21st as Arbor Day was considered. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING FRIDAY, APRIL 21 5 T AS ARBOR DAY. Motion carried . Ayes: Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward, Tomasso, Oakley Nays: None Mayor Wolosyn presented the proclamation to Open Space Manager Lee . Mr. Lee said thank you Mayor Wolosyn . I want to invite you and the rest of the members of Council to our Arbor Day celebration on Saturday, April 22nd, 9:00 a.m. to 11 :00 a.m . at the Malley Center. We are doing a tree planting demonstration using proper tree planting techniques . We are going to have a tree give-away with Washington Hawthorns, Newport Plums, Springsnow Crabapples and Aristocrat Pears, for the public. So you are more than welcome to stop by. Mr. Woodward said Aristocrat Pears, do they produce? Mr . Lee said yes, Aristocrat Pears, they are fruitless, but they do flower . Thank you . (e) A proclamation declaring Sunday, April 23'd through Sunday, April 30th as Days of Remembrance in commemoration of the victims of the Holocaust was considered. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING SUNDAY, APRIL 23Ro THROUGH SUNDAY, APRIL 30TH AS DAYS OF REMEMBRANCE IN COMMEMORATION OF THE VICTIMS OF THE HOLOCAUST. Motion carried . Ayes : Council Members Barrentine , Mccasl in, Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None Mayor Wolosyn asked if there was someone present to accept this proclamation . If not , I accept it and we will make sure it goes to the right people . We all know that this is an important part of the history of all humans . I am glad that we honor it every year . (f) A resolution appointing Danielle Gregory as a Regular Member to the Transportation Advisory Committee was considered . Englewood City Council April 3, 2006 Page4 Council Member Tomasso said she is a citizen that was involved with the transportation issue and then joined the Board. She has been in the wings waiting as an alternative member. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (f) - RESOLUTION NO. 39, SERIES OF 2006. RESOLUTION NO . 39, SERIES OF 2006 A RESOLUTION APPOINTING DANIELLE GREGORY TO THE TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . Vote results: Motion carried. Ayes : Council Members Barrentine , Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays: None Mayor Wolosyn asked if Danielle was here tonight. She was not, so Ms. Wolosyn said then we will make sure that she gets this resolution with her pin . 9 . Consent Agenda (a) Approval of Ordinances on First Reading There were no items submitted for approval on first reading . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 9 (b) (I). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 5, SERIES OF 2006 (COUNCIL BILL NO . 5, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF AN INTERGOVERNMENTAL GRANT "THE JUSTICE ASSISTANCE GRANT" BETWEEN THE CITY OF ENGLEWOOD AND THE EDWARD BYRNE JUSTICE ASSISTANCE PROGRAM FOR THE PURCHASE OF A DUCTLESS EVIDENCE DRYING CABINET . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn, Woodward, Tomasso, Oakley Nays: None (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 11 .) 10 . Public Hearing Items No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Read ing ( Englewood City Council April 3, 2006 Page 5 There were no items submitted for approval on first reading. (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading. (See Agenda Item 9 -Consent Agenda.) (c) Resolutions and Motions (i) Director Gryglewicz presented a recommendation from the Finance and Administrative Services Department that Council approve a resolution for a Supplemental Appropriation to the 2006 Budget for additional overtime for Safety Services, Fire Division in the amount of $50,000.00. He said this supplemental appropriation for your consideration is due to training requirements, retirements, injuries, surgeries and some vacancies in the Fire Division, that were not known at the time that the 2006 budget was implemented. This is a request for $50,000.00 for Safety Services, Fire Division, which will come from the General Fund Unreserved/Undesignated Fund Balance. Mayor Wolosyn asked if there was any discussion or questions for Mr. Gryglewicz . There was none. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 40, SERIES OF 2006. RESOLUTION NO. 40, SERIES OF 2006 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2006 BUDGET FOR THE SAFETY SERVICES DEPARTMENT IN ORDER TO INCREASE FUNDING OF FIRE DIVISION OVERTIME EXPENDITURES. Vote results: Motion carried. Ayes: Council Members Barrentine, Mccaslin, Moore, Wolosyn , Woodward, Tomasso, Oakley Nays : None (ii) Engineering/Capital Projects Administrator Henderson presented a recommendation from the Public Works Department that Council approve, by motion , a negotiated extension of the 2003 Construction Contract in the amount of $474,720.00 for Concrete Utility 2006 , Concrete Program 2006 , and Sidewalk Missing Links 2006 . He said , as you may recall from past years , we combine all three of these into one contract to take care of the economy of scale and get us better pricing . The 2006 Concrete Utility will repair concrete in front of approximately 400 properties, the Concrete Program will install handicapped ramps at 43 intersections around the City and the Sidewalk Missing Links location is not finalized at this time. We would like to attend a City Council Study Session and discuss the priority list for the Sidewalk Missing Links. The Public Works recommendation is to continue to extend our current contract with Thoutt Brothers Concrete contractors . Thoutt Brothers provided excellent service in 2005. We were pleased with their quality of work, their pricing and their timel iness. Thoutt Brothers was flexible whenever we added work . Last year we added the Cushing Park Skate facility and we added the traffic medians that we installed on West Oxford Avenue and they held their unit pricing and worked with us very well. You may recall that last year there was a rather severe cement shortage and that caused concrete prices to increase as much as 25%. A lot of contractors couldn't even get concrete . Well, Thoutt Brothers did hold to their original bid pricing and they did complete our project on time. The increase this year is approximately 8% over 2005 . Staff feels like this is fair, and justified, based on the increases in fuel cost and also the increases in concrete costs . So, we believe it is in the best interest of the City to continue our relationship with Thoutt Brothers for the 2006 program and we ask for Council's concurrence in awarding this project in the amount of $474 ,720 .00 . He said I will be happy to answer any questions . Mayor Wolosyn asked if there were any questions . Englewood City Council April 3, 2006 Page& Council Member Woodward said on the 8% increase , is that for approximately the same amount of concrete and the second question is , do they perceive any shortages? I know right at the end of the season last year , with Hurricane Katrina , it was a major problem for the whole city and for the country. Mr. Henderson said you know we were quite concerned and , in fact, when we did est imating for this yea r we went ahead and we estimated 25% higher . The fact that Thoutt Brothers was able to offer us 8% and put th is in wr iting and we'll be able to sign a contract , wh ich they will honor ... we don't really have to worry if the prices go up . Though we don 't think they will be affected as much as we feared at first. Mr . Woodward said okay. Mayor Wolosyn asked if there were any other questions. There were none. COUNCIL MEMBER OAKLEY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii)- A NEGOTIATED EXTENSION OF THE 2003 CONSTRUCTION CONTRACT IN THE AMOUNT OF $474,720.00 FOR CONCRETE UTILITY 2006, CONCRETE PROGRAM 2006, AND SIDEWALK MISSING LINKS 2006. Mayor Wolosyn asked if there was any additiona l discussion . There was none. Vote results: Mot ion carried . Ayes : Council Members Barrentine , Mccaslin, Moore , Wolosyn, Woodward , Tomasso , Oakley Nays : None Mayor Wolosyn said thank you Dave . (ii i) Research and Technology Manager Everhart presented a recommendation from the Safety Services Department that Council approve , by motion , the replacement of previously purchased mobile radios with the more reliable Motorola 800 MHz model. The Motorola radios will be at the same cost , which is $114,671 .04 . She said as you are aware , we went live with the 800 MHz radio system on January 91 h of this yea r and all went well with the exception of our mobile radios , which are installed in our police and fire vehicles . They are EF Johnson radios . We discovered that they do have a ser ious issue with the radios ... that they drop partial or entire transmissions , thus they are not reliable for public safety. We did purchase those originally through a Homeland Security UASI Grant. We are asking to replace those radios with City funds . We would then go forward w ith re imbursement from EF Johnson , for the rad ios that we currently have. They have been off ic ially notif ied . Those letters were sent last week and they were notified prior to that , of our intent. When we real ized our issues with the rad ios , EF Johnson sent out several teams of eng ineers and between Safety Serv ices personnel a nd EF John son pe rsonnel, we have spen t countles s hours test ing , maki ng c ha nge s and waiting for EF Johnson to come up with a solution to this issue . They have been unable to do that so far . The Motorola radios currently do work on the State system and very well without this issue and that is why I'm respectfully asking for permission to replace the radios with the Motorola models and provide Safety Services personnel with rel iable communication in their vehicles . Mayor W olosyn asked if there we re any q uestions fo r Ms . Everha rt . Council Member Oakley sai d Trina , do you consider this a soft ware o r a hardware problem? Ms . Ev erhart said it is a little bit of both . What the radios are doing ... is they move about, they are not finding the right site and so it is a little bit of both . One fi nal solution that EF Johnson tried , was a f il ter on t he ra dio as an ad d itional part to the radio and that was unsuccessful as well . So even in talking with the State radio system enginee rs , they actually fee l, as well , that it is a combination of a hardware and software problem w ithin the radio . Mr . Oakley sa id is there any other EF Johnson rad ios in service in the State of Colorado that ar& work ing properly ? Ms . Everhart sa id there are rad ios in the Firestone Police Department and Franktown Fire and both of those ag encie s a re hav ing the same issues as we are . I was actually notified th is afternoon that Franktown Fi re will be re t urning their rad ios as well . l Englewood City Council April 3, 2006 Page7 So , Mr. Oakley said, what is our chance of getting our full refund? Ms. Everhart said I haven't heard back from EF Johnson since they have been notified. There was an entity in Taylorsville, Utah which had similar issues, returned their radios and did receive a refund . The radios are still under warranty. The local vendor , which is Wideband Communications, is supporting a full refund through EF Johnson and has notified EF Johnson that they expect that for us as well. However, worst case scenario , the funds of $114 ,000 .00 would come from the radio CERF funds from the Capital Projects Fund and the 800 MHz funds from the Public Improvement Fund that we have available. Mayor Wolosyn asked if there any other questions . Council Member Woodward said just this , Motorola radios, did I hear you say those have been tried out and those were working? Ms. Everhart said absolutely. Mr. Woodward said okay and then just following up on Wayne 's question about financing. We are expecting and hoping for a total reimbursement from EF Johnson and any shortfall? Did we have this contract through the State? Ms. Everhart said through the UASI Grant and the fiscal agent was in Denver. I have been in touch with them and they have advised me that after the grants , that any warranty issues fall back to the agencies that received the radios. Council Member Barrentine said I know the Homeland Security piece of it was so that everybody could keep in communication with each other and have similar equipment. Is that still being accomplished with this? Ms . Everhart said yes it is and , actually, there are 428 agencies that are currently on the State System . Using the Motorolas, switching out that equipment , would definitely facilitate reliable communication throughout the State . We do have Motorola portable hand-held radios and we have had no issues with those whatsoever since we have gone live . Council Member Woodward said we are still using our other system as backup right now anyway, right? Ms . Everhart said the VHF is still in place as well. Council Member Mccaslin said my question , maybe Dan can answer, is what would prevent us from getting a full refund? City Attorney Brotzman said for us to get a full refund ... the issue is the timing of getting the refund. Mr. Mccaslin said okay. Mayor Wolosyn asked if there were any more questions. There were none. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iii) -THE REPLACEMENT OF PREVIOUSLY PURCHASED MOBILE RADIOS WITH THE MORE RELIABLE MOTOROLA 800 MHz MODEL. THE MOTOROLA RADIOS WILL BE AT THE SAME COST, WHICH IS $114,671 .04 . Mayo r Wo losyn asked if there was any further disc ussion. There was none. Vote results : Motion carried . Ayes : Council Membe rs Barre nt ine, Mcc asl in , Moore , Wolo syn , Woodward , Tomasso , Oakle y Nays : None M s. Everhart said thank you. 12 . General Di scu ss ion (a) Mayor's Choice Englewood City Council April 3, 2006 Page8 (i) Mayor Wolosyn said I would like to address Mark Swanson 's concerns. I would l ike the follow ing read into the record : "Mr. Mark Swanson asked us to review the denial of his permit for a fence . Council reviewed Mr. Swanson 's case and agrees that the next steps for Mr. Swanson include administrative review by Community Development and if that is not satisfactory, appeal to the Board of Adjustments . This conclusion is based on section 106 .4.4 of our Un iform Building Code , where it says no permit shall be extended more than once. Records show that Mr. Swanson received a permit in 2004 and an extension in February 2005 . The fence is st ill not built , therefore , according to our Code , he may not have an additional extension of the or iginal permit." I would like to have this statement also forwarded to relevant staff of Community Development and also members of the Board of Adjustment , if it happens to come before them , so that they can fully understand Council's position ... just have that as background. Thank you . (ii) Mayor Wolosyn said I would like to congratulate Gary Condreay and Bill Young . They were honored at the Elks for their community service . I had been asked to attend that night , but my husband and I were out of town and I couldn 't. (b) co·uncil Members' Choice (i) Council Member Barrentine : 1. She said I just wanted to comment on the letter we received from the Metro Community Provider Network thanking Officers Ross and Christensen for their professionalism in handling a situation over there. Apparently , the person riding was an ex-police officer and was very impressed by the way they handled a patient , who apparently had some mental illness issues . They were just very complimentary about them . 2. She said I also wanted to thank Chr is , and his soon to be new commander , for all of their work on the fire alarm pol icy that we discussed in Study Sess ion . I have been receiving quite a few correspondences over the last couple of months , regarding this issue and I know that it was of some concern and there were some legitimate issues . One ... which a woman, in the foyer , just brought up ... is communication between the Police and Fire Departments and the alarm companies . I think she felt some comfort , because there is obviously some communication ... at least for our part of it. .. we can 't speak for them . So , I hope how this policy will be implemented , is communicated to them and they can go ahead and move forward . Director Olson said if I could just make a comment on that. At the end of the Study Session, we had some very signif icant discussions with the Alarm Association and they are going to be working with us ... actually doing qu ite a bit of the work ... to get this information out to the , approximately, 400 alarm companies that they have id ent ified so fa r. So , t hey are going to be doing quite a bit of that and we w ill work with them hand in glove on this to make sure that the information gets out there in a t imely manner. Ms . Barrentine said in that particular case , it was less of a n issue w ith our po licy, abo ut what we w e re goi ng to change , then it was about how this particular company had interpreted it...which, I don't believe, was accurate . Director Olson said that is correct. Ms . Barrentine said thank you very much . I'm glad you guys are following up on that. 3. She said I wanted to bring up a n incident that happened at the Re creat ion Center. I w as ove r the re th is past week and a woman came in with a wall et fu ll of money , a cell phon e a nd some equ ipme nt that looked li ke it had, potentially, just been d ro pped in the parking lot. I thou ght t he Re c re at ion staff did an excelle n t job ... Susan did an excellent job ... in going out to make sure and check to see if it had been take n o ut of a car, wh ether it had been taken from somewhere. And the woman ... Pat and her husband Mike Dryer are residents here, but it was Pat Dryer who brought that stuff in . I just really appreciated that and while intro du cing myself. .. and she had quite a group around her ... congratulating her on taking th e ti me to bring this stuff insi de ... as soo n as I said I was with the City , she said, I have an issue with Public W orks . And , then she called me again the very next night and I wanted to thank Rick Kahm for following up on that , because she called me the next night and said that Rick had called her immediately on that. I don't think citizens ever want to miss an opportunity when they have a chance to talk to somebody. But I wanted to thank her for her honesty , but also for just taking the time . A lot of times people just don't want to get involved and I'm really glad that we have these kinds of citizens in our community . Englewood City Council April 3, 2006 Page9 4 . She said I want to thank Community Developmen t...Tric ia. My neighbor was pouring a garage and after subm itting the ir plans, that had already been approved , and pouring this , they had somebody come out and they were surprised that there was a telephone pole there . The telephone pole was on the plan and they told them to just go ahead and if there is a problem with it , they would deal with it after they bu ilt the garage . Well , that didn 't make them feel comfortable and I can understand that. .. nobody wants to go to that kind of expense , pu t the effort and time in and maybe not have it approved . They want to follow the rules . Tricia was very nice to come out after work, drive by there ... since they had cement people waiting ... she was very nice to come out right away and take care of that , so that they felt comfortable to continue on with their work. And, I j ust wanted to tell her , thank you. 5. She said I know Community Development has been pretty busy, but I had given Darren a couple of requests from some Broadway businesses that were interested in doing some things with the Enterprise Zone and their signage . I just wanted to get a follow-up on some of those. One was the March Hare and the tattoo parlor, the update on the Liquor Barn sign and the auto dealer farther down on South Broadway . Darren knows who that is, and the Cricket business next to them. Also , our thanks from the Bruce Cairns property . I had seen him this weekend and they are very happy. They are moving forward and they have somebody leasing that property. (ii) Council Member Mccaslin: 1. He said we had an incident on my block last night. There was cause for police and fire response . I was out there and so were my neighbors and you guys did an excellent job . I have to commend you . I was really happy with what I saw happening with a d istraught man and he was handcuffed ... it went very well. Thank you l. fo r your help t he re. 2. He said I would like to thank Rick Kahm . I have had a couple of issues come in front of him and he has always been right on the money as far as returning my phone calls and getting things done ... so thank you. (ii i) Counci l Member Moore said I too would like to thank Safety Services for the effort and flexibility with respect to the alarm concerns, in addition to the ideas for communicating this back to the community and the alarm companies . I don 't know if we can get something into the Citizen the next go round? But , again , thanks very much . (iv) Council Member Oakley said I too had some concerns about getting the word out abou t our decision on the alarm system . We had a lot coming in and I hope a lot goes out now. (v) Council Member Tomasso : 1. He said I would like to congratulate Hawthorn Botanical on celebrating their 51 h anniversary in town this weekend . 2. He said I would like to recommend a new ... not exactly a restaurant...it's the New York Super Sub , which is located in the China Hou se next t o the Goth ic . They have a re ally nic e New Yo rk style s ub , as my wife att es ted to, tha t it was re a lly a New York s ub . T hey have been in busi ness for two wee ks and I wou ld rec omm end s upport ing them . (v i) Cou ncil Member Wood ward : 1. He said since we haven't had a reg u lar me eting since the Ha mpden Ha ll openi ng, I just wa nted to ment ion that , for the record , that was a really successful weekend . Having attended the Back to Bach Concert and sitting in the very back row , I was really pleased with the acoustics and I understand the mus icians were also . Rick Kahm , Dave Henderson and your group did a great job with what you and Denny Construction and the other subs have done . Englewood City Council April 3, 2006 Page 10 2 . He said I wanted to mention that Ray and I are meeting with the two School Board members and the City Manager and Superintendent of Schools on Thursday, for our second meeting. I know one of the items on the agenda is housing for teachers and Community Development is helping with some packets that I am going to be able to get together and give to the School Board . 3. He said also I believe the Jasmine restaurant over here at the Market Place, is in the process right now of making the move to the old March Hare building . ••••• Mayor Wolosyn said, regarding Acoma Street...last week the EURA made the decision, and directed staff, to begin negotiating with Centex. In forming their discussion was the fact that because Council did not make a formal public decision regarding the Acoma Street development during our Executive Session, the content of our discussion was relayed to EURA in an Executive Session and then they completed their discussion publicly. Still pending is the transfer of the City's lot to EURA and so that both parties have a good and common understanding of this decision and what it entails, I have asked the City Attorney's office to include two items in a future packet. I would like some background on what EURAs are and what powers the State gives a EURA and reasons that Englewood formed a EURA. And second, I would like the information that EURA requested at their February 15th meeting. They requested information about the process from their Attorney Benedetti. In addition, before we deliberate on this issue of transferring land, Council would like a detailed list of points that may be included in our contract when we transfer this and to address the way Council can influence and participate in the development of Acoma Street, so that it becomes an asset and possible catalyst to Broadway Development. *. * * * Mayor Wolosyn said I think we are in agreement regarding Relay for Life ... that we would like a proclamation like last year. And I am asking staff, what is the process that we have to go through to get the banner fee waived? Do they have to apply? City Manager Sears said I think we actually have to bring a request to Council for your approval, which we can do at the next meeting . Ms. Wolosyn said thank you . 13. City Manager's Report (a) City Manager Sears said we were just notified, from Representative Diana DeGette's office, that she will be here for lunch, as she did a year ago, on Tuesday, April 11th at noon in the Community Room . So, any Council members who could come ... that would be great. Staff will prepare some issues that we will send out to Council. .. some of the issues that we have involving some federal focus and if Council has some concerns that you would like us to put into an agenda, please let us know and we can put together an agenda for that meeting . So again , that is April 11th at noon. 14. City Attorney's Report (a) City Attorney Brotzman said Odabaie v. City of Englewood , Arapahoe County District Court Case No . 04CV3650 ... that was a traffic accident involving a police vehicle and I am requesting settlement of that case for $34,000 .00 . COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO SETTLE THE ODABAIE V. CITY OF ENGLEWOOD ARAPAHOE COUNTY DISTRICT COURT CASE NO. 04CV3650 FOR $34,000.00. Mayor Wolosyn asked if there was any discussion . There was none . Vote results : Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Englewood City Council April 3 , 2006 Page 11 Nays: None Motion carried . 15 . Adjournment LOSYN MOVED TO ADJOURN. The meeting adjourned at 8:08 p.m . ·d.~ C {' T y 0 F COMMUNITY ENGLEWOOD DEVELOPMENT To: Thru: Thru: From: Date: Subject: Mayor and City Council fii ~ Gary Sears, City Manager r Bob Simpson, Community deve opment Director\ Tricia Langon , Senior Planne~ 1.-' April 1 7, 2006 Englewood Housing Authority Fee Waiver On March 8, 2006 the Englewood Housing Authority (EHA ) submitted an application to rezone a .8 acre site from MU-R-3-B to Planned Unit Development (PUD) to allow construction of a sixty-two (62) unit residential development designed for age and income qualified seniors. The independent living facility is proposed at the northeast and northwest corners of South Penns y lvania Street and US Hwy. 285 . The PUD application fee of $1,450.00 is administered by Community Development under Title 16 : Unified Development Code. Title 8: Building and Safety Code of the Englewood Municipal Code exempts the Englewood Housing Authority from all permit fees required for construction allowed under Title 8 . The amount of waived permit fees is based on the valuation of the development project and thus has not been determined since a Building Permit application can not be submitted until the PUD application is considered. However, no provisions are made in Title 16 or the Development Re v iew Application Fee Schedule approv ed by City Council to waive PUD application fees . The Englewood Hou sin g Au thority submitted th e attac hed requ est to wa ive th e PUD rezon in g app li cation fee. Ms. She ll ey Thompson, Chair of the Eng l ewood Hou sing Authority will present this request during Scheduled Public Comment at th e April 1 7, 20 06 meeting. A tt ac hm ent 1000 Englewood Parkway Englewood, Colorado 80110 PHONE 303-762-2342 FAX 303 -783-6895 www .englewoodgov.org 6a Englewood Housing Authority March 8, 2006 Mayor and City Council Members City of Englewood Englewood Civic Center 1000 Englewood Parkway Englewood, Colorado 80110 Dear Mayor and Council Members: The Board of Commissioners of the Englewood Housing Authority respectfully requests that the City Council waive the permit and development fees in the amount of $1,450.00 applicable to the PUD for our proposed senior development at the comer of Highway 285 and Pennsylvania Street. We are developing a 62 unit residence for seniors and through the use of tax credit financing and other grants and donations we will make this beautiful, new senior community affordable to lower and moderate income seniors. The City's waiver of fees will help us achieve the goal of affordability while providing the highest quality development and will show the City's commitment to and support of our project. This gesture from the City will greatly enhance our future ability to obtain approvals from the federal and state partners who will participate in our project. We feel this building will help to keep our Englewood seniors in community as they "downsize" from their single family homes. It offers a choice that is currently not available in Englewood. We appreciate your partnership as evidenced by the waivers approved for the Simon Center and Orchard Place, the cooperative working environment with the City and appreciate all you do for and with the Englewood Housing Authority. 3460 South Sherman Street • Suite 101 • Englewood, Colorado 80113 • Phone : 303 -761 -6200 • Fax : 303 -781 -5503 TTD Relay 1-800 -659 -2656 • TDD Voice 1-800 -659-3656 website : www.englewoodhous,ng .homestead .com PROCLAMATION WHEREAS, the American Cancer Society's Relay For Life is a team event held in over 4200 communities nationwide to celebrate more than 500,000 survivors while raising over one billion dollars to fight the battle against cancer; and WHEREAS, Relay For Life is a positive, inspirational and emotionally engaging experience; and WHEREAS, Relay For Life is about being a community that takes up the fight to celebrate wellness and hope, to rejoice with cancer survivors and to honor loved ones who lost their battle with cancer; and WHEREAS, families , citizens, companies and organizations from all walks of life that have been touched by cancer come together in their local communities to join forces in this annual event; and WHEREAS, participation in Re lay For Life provides many benefits for organizations, families and individuals which include morale boosting and teambuilding experience outside of the workplace; and WHEREAS , Relay For Life business teams demonstrate to the community that they are eager and willing to get involved to support a worthy cause and to make a difference . NOW THEREFORE, I, Olga Wolosyn, Mayor of the City of Englewood, Colorado, proclaim June 16 through June 17, 2006 as the: RELAY FOR LIFE days in Englewood, Colorado . I urge all Englewood residents and businesses to join together to participate in this event, which will be held at Englewood High School in the City of Englewood, Colorado . GIVEN under my hand and seal this 17th day of April , 2006 Olga Wolosyn, Mayor Ba COUNCIL COMMUNICATION Date: Agenda Item: Subject: April 1 7, 2006 9 Ci Allen Plant Alum Residuals Removal and Disposal Initiated By: Staff Source: Utilities Department Ste wa rt H . Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved on Jul y 19, 2004 the bid for the Allen Water Filtration Plant Residuals Remova l and Disposal Service to Waste Management in the amount of $163,260 for disposal of one yea r of residuals. RECOMMENDED ACTION The Englewood Water and Sewer Board , at their March 14, 2006 m ee tin g, recommended Council approve, by Motion, awarding the Allen Water Filtration Plant Residuals Remo val and Disposal Service to Waste Management, Inc. in the amount of $49,768 for disposal of approximately 800 cubic ya rds of residuals. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Alum sludge is produced by the settling process and filter backwashing. Sludge builds up in the was h wa ter reservoir and the settled solids are pumped out by the sludge-handling barge. It then goes into th e belt press, w hi ch dewaters the residuals . This process allows us to stockpile 800 cubic ya rds of residuals annually. In the past, this sludge has been used in constructing golf course berms. Sludge is produce d ye ar-round, and it is imperati ve that the sludge be processed when the weather is amenable and stored until disposal. Storage space has since run out, and the Allen Filter Plant needs to dispose of this sludge in the quickest, most economical and lega ll y compliant method. The dewatering process concentrates a Naturally Occurring Radioacti e Material (NORM), also known as Technologically Enhanced Radioactive Material (TERM) that falls under State Health Department requirements wi th EPA guidelines. For a comparison of relative radiation exposu re - standin g n ex t t o th e residuals pile for 6 months produces 1 -2 mrem /yea r, wa tc hing TV produces 1 mrem/yea r and li ving in a brick or stone house produces 7 mrem/year (informa tion pro ided by Joseph Cattafe of COM). Resi dual s sludge disposal has been an on-going cha llenge and debate vvi th EPA for the past seve ral yea rs for Colorado Front Range utilities. Th bid is a sole source because the disposal si te must be approved b th e State H eal th D partmen t at an allowed site for properl dispo ing of residuals resulting from normal sludge r mova l operations at th e Allen Wat r Filt r Plant. FINANCIAL IMPACT A proposal was received and accepted from Waste Management for the amount of $49,768 for disposing of 800 yards of alum sludge . Engineer 's estimate is between $50,000 and $150,000 for one year of residual production. Waste Management is the recommended acceptable bidder at $49,768. The Utilities Department budgeted $80,000 in Account 40-1603-55 201 in the 2006 Budget for this project. Additional funds are available from the Water Fund and will be budgeted for 2007. LIST OF ATTACHMENTS Industrial Waste & Disposal Services Agreement Health Department Approval Letter INDUSTRIAL WASTE & DISPOSAL SERVICES AGREEMENT ( ;QMPANY: Waste Management of Colorado CUSTOMER: City of Englewood / Utilities Department ~ A WASTE IIANAGEIIENT COMPANY By: ~-~~-sSz-:::-:S Authorized Sianature By : Authorized Sianature Name: Matt Morris 3/9/2006 Name: Title : Major Account Manager Date Title : Date Effective Date of Agreement: Initial Term: 12 months This Industrial Waste & Disposal Services Agreement , consisting of the terms and conditions set forth herein, and Exhibit A, and/or Confirmation Letter(s) ar the Profile Sheet(s) entered into from and after the date hereof from time to time (all of the foregoing being collectively referred to as the 'Agreement"), is mao as of the Effective Date shown above by and between the Customer named above , on its and its subsidiaries and affiliates behalf (collectively, 'Customer and the Waste Management entity named above ("the Company"). TERMS AND CONDITIONS 1. SERVICES PROVIDED. The Company will provide Customer with collection, management, transportation, disposal, treatment, and recycling services ("Services") for Customer's non-hazardous solid waste, special waste, and/or hazardous waste (collectively "Industrial Waste") as described on Exhibit A and/or Confirmation Letter(s) and/or applicable Profile Sheets . Solid Waste means garbage, refuse and rubbish including those which are recyclable but excluding Special Waste and Hazardous Waste. Special Waste includes polychlorinated biphenyl ("PCB") wastes, industrial process wastes , asbestos containing material, petroleum contaminated soils, treated/de-characterized wastes , incinerator ash, medical wastes, demolition M,ris and other materials requiring special handling in accordance with t .icable federal , state , provincial or local laws or regulations . Hazardous Waste means any toxic or radioactive substances , as such terms are defined by applicable federal , state, provincial or local laws or regulations . All Industrial Waste that is generated, handled and/or collected by Customer shall be managed exclusively by Company during the term of this Agreement. When Company handles special or hazardous waste for Customer, Customer will provide Company with a Generator's Waste Profile Sheet ("Profile Sheet") describing all special or hazardous waste , and provide a representative sample of such waste on request. In the event this Agreement includes transportation by Company , Customer shall , at the time of tender, provide to Company accurate and complete documents , shipping papers or manifests as are required for the lawful transfer of the special or hazardous waste un der all app licable federal , state or local laws or regulations . Tender of delivery shall be considered nonconforming if not in accordance with this Paragraph . 2. CUSTOMER WARRANTIES . Customer hereby represents and war- rants that all waste material delivered by Customer to Company shall be in accordance with waste descriptions given in this Agreement and shall not be or contain any Nonconforming Waste . "Nonconforming Waste ' means : (a) non-hazardous Solid Waste that contains regulated Special Waste or Hazardous Waste ; (b) waste that is not in conformance with the description of the waste in Exhibit A, the Confirmation Letter(s) or the Profile Sheet incorporate d herein ; (c) waste that is or contains any infectious waste , radioactive , volatile , corrosive , flammable , explosive , biomed ical, biohazardous material, regulated medical or hazardous waste or toxic substances, as defined pursuant to or listed or regulated under applicable t 1, state or local law , except as stated on the Profile Sheet or C .. mation Letter ; or (d) waste that is prohibited from being received , managed or disposed of at the designated disposal facility by federal , state or local law , regulation , rule , code , ordinance, order , permit or permit co ndition . Customer (including its subcontractors) represents and warrants Waste Management. In c. (rev . 212003) Page 1 of 2 that it will comply with all applicable laws , ordinances , regulations, order~ permits or other legal requirements applicable to the Industrial Waste . 3. TERM OF AGREEMENT; RIGHT OF FIRST REFUSAL . The lnitia Term of this Agreement shall be 12 months , commencing on the Effectivt Date set forth above . This Agreement shall automatically renew thereafte 1 for additional terms of twelve (12) months each ("Renewal Term ") unles~ either party gives to the other party written notice of termination at leas t ninety (90) days prior to the termination of the then-existing term ; provided however, that the terms and conditions of this Agreement shall remain in full force and effect, in accordance with its terms , with respect to any uncom- pleted or unfinished Service provided for in an Exhibit A, Confirmation Letter and/or Profile Sheet until such Service is completed . Customer grants to Company a right of first refusal to match any offer which Customer receives or intends to make after the completion of any Term of this Agreement relat- ing to any services provided hereunder and further agrees to give Company prompt written notice of any such offer and a reasonable opportunity to re- spond to it. 4. INSPECTION; REJECTION OF WASTE. Title to and liability for Non- conforming Waste shall remain with Customer at all times. Company shall have the right to inspect , analyze or test any waste delivered by Customer . If Customer's lndusbial Waste is Nonconforming Waste , Company can, at its option, reject Nonconforming Waste and return it to Customer or require Cus - tomer to remove and dispose of the Nonconforming Waste at Customer's ex- pense . Customer shall indemnify , hold harmless (in accordance with Section 9) and pay or reimburse Company for any and all costs , damages and /or fines incurred as a result of or relating to Customer's tender or delivery of Nonconforming Waste or other failure to comply or conform to this Agree- ment, including costs of inspection , testing and analysis . 5. SPECIAL HANDLING; TITLE. If Company elects to handle , rather than reject. Nonconforming Waste , Company shall have the right to manage the same in the manner deemed most appropriate by Company given the characteristics of the Nonconform ing Waste . Company may assess and Customer shall pay additional fees associated with delivery of Nonconform- ing Waste , induding , but not limited to, special handling or disposal charges , and costs associated with different quantities of waste , different delivery dates , modifications in operations , specialized equipment, and other opera - tional , environmental , health , safety or regulatory requirements. TIiie to and ownership of acceptable Industrial Waste shaft transfer to Company upon its final acceptance of such waste . 6. COMPANY WARRANTIES . Company hereby represents and war- rants that (a) Company will manage the Industrial Waste in a safe and INDUSTRIAL. WASTE & DISPOSAL AGREEMENT wu1r.man11Ke manner in full compliance with all valid and applicable federal , state and local laws, ordinances, orders, rules and regulations ; and (b) it will use disposal facilities that have been issued permits, licenses , certificates or approvals required by valid and applicable laws , ordinances and regulations necessary to allow the facility to accept, treat and/or dispose of Industrial Waste. Except as provided herein , Company makes no other warranties and hereby disclaims any other warranty, whether implied or statutory . 7. LIMITED LICENSE TO ENTER. When a Customer is transporting In- dustrial Waste to a Company facility , Customer and its subcontractors shall have a limited license to enter a disposal facility for the sole purpose of off- loading Industrial Waste at an area designated , and in the manner directed, by Company . Customer shall , and shall ensure that its subcontractors , com- ply with all rules and regulations of the facility, as amended . Company may reject Industrial Waste, deny Customer or its subcontractors entry to its facility and/or terminate this Agreement in the event of Customer's or its subcontractors' failure to follow such rules and regulations . 8. CHARGES AND PAYMENTS . Customer shall pay the rates set forth on Exhibit A or a Confirmation Letter, which may be modified as provided in this Agreement. The rates may be adjusted by Company to account for : any increase in or to recoup all or any portion of, disposal, transportation, fuel or environmental compliance fees or costs; any change in the composition of the Industrial Waste; increased costs due to uncontrollable circumstances, including, without limitation , changes in local, state or federal laws or regulations , imposition of taxes, fees or surcharges and acts of God such as floods , fires, etc. Company may also increase the charges to reflect increases in the Consumer Price Index for the municipal or regional area in which the Services are rendered . Increases in charges for reasons other than as provided above require the consent of Customer which may be evidenced verbally , in writing or by the actions and practices of the parties . All rate adjustments as provided above and in Paragraph 5 shall take effect upon notification from Company to Customer. Customer shall pay the rates in full within 30 days of receipt of each invoice from Company . Customer shall pay a late fee on all past due amounts accruing from the date of the invoice at a rate of eighteen percent (18%) per annum or, if less , the maximum rate allowed by law. 9. INDEMNIFICATION. The Company agrees to indemnify, defend and save Customer harmless from and against any and all liability (including reasonable attorneys fees) which Customer may be responsible for or pay out as a result of bodily injuries (including death), property damage , or any violation or alleged violation of law, to the extent caused by Company's breach of this Agreement or by any negligent act, negligent omission or will- ful misconduct of the Company or its employees , which occurs (1) during the collection or transportation of Customer's Industrial Waste by Company , or (2) as a result of the disposal of Customer's Industrial Waste, after the date of this Agreement , in a facility owned by a subsidiary or affiliate of Waste Management, Inc ., provided that the Company's indemnification obligations will not apply to occurrences involving Nonconforming Waste . C11slemer agrees te iAae1RAify , aefeAa aAa save lhe Ce1RpaAy ~aFIRle&s fmm aAa agaiAsl aAy aAa all liability (iAGIYaiAg reaseAaele a~eys fees) wlliGll the CelRpaAy 1Ray 98 respeAsible fer er pay ewl as a reswlt ef 989ily iRjwFle& (iA61waiAg aealh), preperty aa1Rage, er aAY 'AelalieA er alleged 'Jiela tieA ef law le the eMleAI saws~ by Cw618Mer'& DreaGR ef lhis AgfeemeAt er Dy aAy AegligeAI 361 , AegligeAI 81Ri&&ieR er willful AW88Ad116t ef ~ Cws temer er its e1Rpleyees, ageAI& er 98Alraaef( iA lhe perfeffnaAee ef lhis \greemeAI er Cwst81R8F 's wse, epei:a~BA er pe&&e&&i8R ef aAY ~YiplR8At wrAished Dy the Ce1RpaAy . ~either party shall be liable to lhe other for consequential , incidental or puni- ve damages arising out of the perfonnanoe of this Agreement. 10. UNCONTROLLABLE CIRCUMSTANCES . Except for lhe obligation , make payments hereunder , neither party shall be in default for its failure , perform or delay in performance caused by events beyond its reasonable >ntrol , including , but not limited lo , strikes, riots , imposition of laws or gov- nmental orders , fires , acts of God , and inability to obtain equipment. permit ) Waste Management Inc. (rev 2/2003) Page 2 ol 2 changes and regulations , restrictions (including land use) therein, 8!:l affected party shall be excused from performance during the occurren such events . 11. ASSIGNMENT. This Agreement shall be binding on and to the benefit of the parties and their respective successors and a!:. s. 12. ENTIRE AGREEMENT . This Agreement represents the entire ur standing and agreement between the parties relating to the manageme waste and supersedes any and all prior agreements , whether written or , between the parties regarding the same ; provided that, the terms of national service agreement between the parties shall govern over any inc sistent terms herein . 13 . TiRMINATION; L.IQUll)AT&g DAMAGli&. CempaAy may imm, alely leFIRiAate this AgreemeAI , (a) iA the eveAI ef Cwstemer's breash af ; leFIR er pre•1isieR ef lhis AgreelReAI , iR6111eiAg failwre le pay eA a timely oc er (bl if CY&lemer he881Re& iA&alveAI, lhe s11Dj8Gt ef aA eraer fer reliel baAkFYplsy, reseivership, i:eergaAizatieA dissel11tieA, er similar law, er ma~ aA assigAIReAt fer tl:le heAefit ef its sreeilers er if CempaRy seems itself seGYre as le paYff\eAI ("Qefa111t"). Nelise ef leF1RiAatieA shall be iA wFitiAg a eee1Rea giveA wtleA aeliverea iA perseA er by aerlifiee mail , pestage pr paie, rel11FA F888ipl f8E!Yeslea . IA Ille eveAI C11ste1Rer leFIRiRales this Agre meAI prier le 11:le expiratieA ef aAy IAilial er ReAewal Term fer aAy reasc elller lhaA as pre'Jieee ~ereiA, er iA the eveAI Ce1RpaAy termiAates th ,A,greemeAI fer Cwslemer's t>efaYII, liEjwiealee eamages iA aEla~ieR le 111 CalRpaAy's legal fees shall be paid aAa GBIGYlatee as fellews : 1) if the re maiAiAg IAilial TeFIR WAIier lhis Agree1ReAI is &il< er mere meAll!s , C1:1sleme shall pay it& mast reseAI 1ReAlhly Gharges IRYllipliea by sill ; 2) if Ille reFAaiA iRg lAitial TeFIR 11Aeer lhis AgreelReAI is less lhaA silc meAlhs , Cwslemer slla l pay its 1Resl F868AI IReAIRly Gharges IRllllipli~ by the AllmDer ef IR9Rl11! remaiAiAg iA lhe TeFIR; 3) if the relRaiAiAg ReAewal TeFIR YAller this Agree FAeAI is three er FA8F8 FA8Alh6 , C11sle1Rer sllall pay its mesl F868AI merilllly sharges IRYltipliee by three : er 4) if lhe i:emaiAiAg ReAewal TeFIR 11Ac s AgreemeAt is less IRaR IRree meRth&, Cwsla1Rer shall pay its mast r868RI FAeAIRly Gharges FAYlliplied by lhe AllFA98r ef IReAth& relRaiAiAg iA !tie Re Aewal TeFIR . C11stemer a61rn&Wleeges that lhe aGIYal eamage le Cem~aRy iA the eveAI ef lerrAiAat'')A is aiffiGYlt le fill er preve, aAe the fei:egeiAg ~E111i aatea 931Ra!J86 ame11AI is reaseAable aRII 68FAIR8ASYrate wilR Ille aRtiGi pated 1866 18 C9fflP3AY F86YltiAg ffelR swGh leFIRiAalieA aAII is aA a!J1'*9 Yfl8A fee aAd is Aal impesea as a peAally. GelleslieA ef liE!wiElatea aamages by CempaAy shall 98 iA aaeiti8A le aAY Fight& er re1R~ies availaele le Cam paAy WAIier this AgreelReAI er al 691RIR8A law . 14. MISCELLANEOUS . (a) The prevaiUng party will be entitled to re- cover reasonable fees and court costs, including attorneys' fees , in interpret- ing or enforcing this Agreement In the event Customer fails lo pay Company all amounts due hereunder , Company will be entitled to collect all reasonable collection costs or expenses , including reasonable attorneys fees, court costs or hand li ng fees for returned checks from Customer ; (b) The validity , interpretation and performance of this Agreement shall be construed in accordance with lhe law of the state in which the Services are performed ; (c) If any provision of this Agreement is declared invalid or unenforceable, then such provision shall be deemed severable from and shall not affect the remainder of this Agreement. which shall remain in full force and effect ; (d) Customer's payment obligation for Services and the Warranties and Indem- nification made by each party shall survive termination of this Agreement. AgrHd & Accepfed COMPANY WASTE MANAGEMENT OF COLORADO Signed : CUSTOMER City of EnglewoodlUtllltiN Department Signed : IN.·· .... e INDUSTRIAL WASTE & DISPOSAL SERVICES AGREEMENT I WM Profile# ! 1005264 I CWM Profile# CUSTOMER BUltG ADDRESS CUSTOIER CONTRACTltG ADDRESS (If dilfetent from BJm Addmsl En lewood, CO Contact Phone: (303) 762-2652 Contact Phone: (303) 762-2636 WM Customer Service Phone: 303-886-9694 WM Contact: MlltMorris Service Information Generator: City of Englewood/Utilities Dept Ground Transporter: POI, SOI, Job t: Waste Description: Drinking Water Residuals Disposal Cost $59.06 / yd Price indudes transportation and disposal Profile Fee: ~dditlonal Cost: (describe) Liners -$60.00 each Additional Cost: (describe) Environmental Fee • $3 .00 / load Applicable Fuel Surcharges Taxes: Transportation Fee: Quantity: Size: QuantltY: Containers provided by WM: Quantity: Size: Quantity: Quantltv: Size: Quantity: Pick-up Frequency: Contract Expiration Datt: As per agreement Additional mtonnation: An Industrial Waste Disposal Manifest is Required for all loads . Englewood, CO Contact Phone: WM Contact Phone: Size: Size: Size: Exhibit A 303-886-969X -Code: Stitt 2 dialt codl: I Wlltl CAT: rllA DEV I W .... Tvat: OIi> DIP DID 0HZ THE WORK CONTEMPLATED BY THIS EXHIBIT A IS TO BE DONE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE INDUSTRIAL SERVICES AGREEMENT OR OTHER CONTRACTUAL AGREEMENT BETWEEN THE PARTIES DATED : ~~MPANY~~~----CUSTOMER 3/9/2006 By: 1 Matt Morris Date Name: Title Industrial Account Manager Title: ----------- Date = = 0 Waste Mlnlgemenl Inc. (19¥. 2/2003) Ellflllll A · NlUSTRIAL WASTE & DISPOSAL AGREEMENT STATE OF COLORI\DO Bill Owens, Governor Dennis E. Ellis, Executive Direct°' Dedicated to protecting and Improving lhe health and environment of the people of Colorado 4300 Cherry Creek Dr. S . Laboratory Services Division Denver, Colorado 80246-1530 8100 Lowry Blvd. Phone (303) 692·2000 Denver, Colorado 80230-6828 TDD Line (303) 681·7700 (303) 692·3080 Located in Glendale, Colorado http://www.cctphe.slate .co.us March 15, 2006 Mr. Bill McCormick Operations Superintendent -Utilities City of Englewood 1000 Englewood Parkway Englewood, CO 80110 c.olorado Department of Public Health and Enviroruncnt Subiect: Disposal of Charles Allen Water Filtration Plant residuals at CSI landfill. Docket #7258 Dear Mr. McCormick, Radiation Management Unit and Solid Waste Unit staffs have reviewed your letter dated February 14, 2006 relative to disposal of water treatment residuals at the CSI landfill. It contains information to support disposal of approximately 700 -800 cubic yards of the residuals at the CSI landfill based on analytical results and risk assessment review by Englewood's consultant, CDM. The sample is a composite of nine aliquots taken from the residuals pile. Previous disposals at CSI involved much larger quantities, but at somewhat lower concentrations. Englewood continues to experience an increase in uranium concentrations in its residuals, which is of concern to the Department. It is incumbent upon Englewood to discern the cause of the increase in radionuclide concentrations in the residuals, as they may reach source material concentrations, which would require a specific license from the Radiation Management Unit. The concentrations in the residuals are reported at about 300 mg/kg, which is still below the source material constraint of 500 mg/kg. Therefore, there is not a regulatory barrier to the disposal at this time with respect to the definition of source material. Your letter evaluates safety aspects based on the risk assessment conducted in 2004. Those assessments considered larger volumes than what is currently in the drying bed, and with similar, but slightly lower average concentrations. Individual data points in the earlier analyses are consistent with the current analytical result. Therefore, we can approve this disposal on a case-by-case basis . The approval does not extend for future residuals. Best management practices discussed in the previous approval letters shall be followed for handling, loading, and transport of the material. Transportation shall comply with appropriate DOT regulations . As you are aware, there is an ongoing stakeholder process relative to disposition of TENORM residuals, and a programmatic risk assessment by CSI is under review by the Department. Those two activities, Mr. Bill McCormick Page 2 of2 March 9, 2006 when complete, may preclude CSI from accepting residuals at these concentrations in the future. Therefore, alternatives should be evaluated by Englewood for disposition of its future residuals. Approval for disposal of the residuals must also be obtained from the permitting authority. If you have any additional questions, please contact either Phil Egidi of the Radiation Management Unit at (970) 248-7162, or Darrell Dearborn of the Solid Waste Unit at (303) 692-3349 . Sincerely, A~cr Radiation Management Unit Cc: Phil Egidi Darrell Dearborn ... -::<\ \;.,;t~ff l;}~r~lc C \ ; _,,... ......... .-_;,·\ '{_, .. > .... -/ · Ch es Johnson, Unit Leader .. ,,.~····< . ~······ :Solid Waste Unit ... ,,·· ' .,.· \ .... ,· ·~ .. ,-~ .. ~ •.. Craig Tessmer (Adams County) \,. ' .~ ... · ---.... _ . . .c"'···.,I'· ... .... ·-· ............ _ ... . \ ..... , .,..,r ..... ··,.,.~· .. •· ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: April 1 7, 2006 9 C ii Initial Distribution System Evaluation (IDSE) Model Initiated By: Staff Source: Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Board , at their March 14, 2006 meeting, recommended Council approve, by Motion, the bid for a hydraulic distribution system model of the Englewood potable water system. It is recommended this bid be awarded to MacTec in the amount of $38,000. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED A recent mandate from EPA /State Health Department suggests that all cities with a population over 10,000 conduct an Initial Distribution System Ev aluation (IDSE) study of their water distribution system to ensure the water system is complying with regulations concerning disinfection by- products. The key component of the study is a hydraulic model. The proposed study will develop a hydraulic model of the Englewood's distribution system to determine water age in the system and to create a monitoring plan to assist the City in meeting the intent of the IDSE mandate. The proposed model will show pressure zones, water flows, residuals , pipe sizes, looping along w ith every var iable within the distribution system. The model will ultimately be a working tool for the Utilities Departm ent and assist w ith future planning, deve lopment, an d maintaining Englewood's wa t er system. The study is expected to take approximately one year. FINANCIAL IMPACT Reques ts fo r Bids were sent to five vendors for th e water distribution system model proposal. A bid op ning was held on February 28 , 2006. The fo ll owing bids were received: MWH RTW Malcolm Pirnie Brown & Caldwell MacTe c $69,000 $59,740 $53 ,150 $42,975 $38,000 The Utilities Department staff has reviewed and deemed MacTec technically acceptable because they meet State approval standards . MacTec is the recommended low, acceptable bidder at $38,000. The Utilities Department budgeted $50,000 in the 2006 Budget for this project. LIST OF ATTACHMENTS Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT This Professional Se~ices Agreement (the "Agreement") is made as of this day of ______ , 2006t (the Eff~ctive Date") by MACTEC Engineering and Consulting, Inc ., a Delaware corporation (Contractor), and The City of Englewood, Colorado, a municipal corporation organized under the laws of the state of Colorado (City"). City desires that Contractor, from time to time, provide certain consulting services, systems integration services, data conversion services, training services, and/or related services as described herein, and Contractor desires to perform such services on behalf of City on the terms and conditions set forth herein. In consideration of the foregoing and the terms hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows : 1. Definitions. The terms set forth below shall be defined as follows: (a) ·intellectual Property Rights· shall mean any and all (by whatever name or term known or designated) tangible and intangible and now known or hereafter existing (1) rights associate with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask-works, (2) trademark and trade name rights and similar rights, (3) trade secret rights, (4) patents, designs, algorithms and other industrial property rights, 'c;) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated) (including logos, "rental" rights and rights to remuneration), whether arising by operation of law, contract, license, or otherwise, and (6) all registrations, initial applications, renewals , extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). (b) "Work Product" shall mean all patents , patent applications, inventions, designs, mask works , processes, methodologies , copyrights and copyrightable works, trade secrets including confidential information, data , designs , manuals, training materials and documentation, formulas , knowledge of manufacturing processes , methods , pri ces , financial and accounting data , products and product specifications and all other Intellectual Property Rights created , developed or prepared, documented and/or delivered by Contractor, pursuant to the provision of the Services. 2. Statements of Work. During the term hereof and subject to the terms and conditions contained herein, Contractor agrees to provide, on an as requested basis, the consulting services, systems integration services , data conversion services, training services, and related services (the ·services"} as further described in Schedule A (the "Statement of Work) for City, and in such additional Statements of Work as may be executed by each of the parties hereto from time to time pursuant to this Agreement. Each Statement of Work shall specify the scope of work, specifications, basis of compensation and payment schedule, estimated length of time required to complete each Statement of Work, including the estimated start/finish dates, and other relevant information and shall incorporate all terms and conditions conta ined in this Agreement 3. Performance of Services. (a) Performance. Contractor shall perform the Services necessary to complete all projects outlined in a Statement of Work in a timely and professional manner consistent with the specifications , if any, set forth in the Statement of Work , and in accordance with industry standards . Contractor agrees to exerc ise the highest degree of professionalism , and to utilize its expertise and creative talents in completing the projects outlined in a Statement of Work. (b) Delays. Contractor agrees to notify City promptly of any factor, occurrence, or event coming to its attention that may affect Contractor's ability to meet the requirements of the Agreement, or that is likely to occasion any material delay in completion of the projects contemplated by this Agreement or any Statement of Work . Such notice shall be given in the event of any loss or reassignment of key employees, threat of strike, or major equipment failure . Time is expressly made of the essence with respect to each and every term and provision of this Agreement. (c) Discrepancies. If anything necessary for the clear understanding of the Services has been omitted from the Agreement specifications or it appears that various instructions are in conflict, Vendor shall secure written instructions from City 's project director before proceeding with the performance of the Services affected by such omissions or discrepancies. 4. Invoices and Payment. Unless otherwise provided in a Statement of Work, City shall pay the amounts agreed to in a Statement of Work within thirty (30) days following the acceptance by City of the work called for in a Statement of Work by City . Acceptance procedures shall be outlined in the Statement of Work. If City disputes all or any portion of an invoice for charges , then City shall pay the undisputed portion of the invo ice by the due date and shall prov ide the following not ification with respect to t he disp uted portion of the invoice . City shall notify Con t ract or as soon as possible of the specific amount disputed and shall provide reasonable detail as to the basis for the dispute . The parties shall then attempt to reso lve the disputed port io n of suc h invoice as so on as possi ble . Upon re solut io n of th e dispute d port ion, City sha ll pay to Contracto r the resolve d amount. 5. Taxes . City is no t subject to taxation . No federal or other taxes (excise, luxury, transportation, sales, etc.) shall be included in quoted prices. City shall not be obligated to pay or reimburse Contractor for 2 any taxes attributable to the sale of any Services which are imposed on or measured by net or gross income , capital, net worth, franchise, privilege, any other taxes, or assessments, nor any of the foregoing imposed on or payable by Contractor. Upon written notification by City and subsequent verification by Contractor, Contractor shall reimburse or credit, as applicable, City in a timely manner, for any and all taxes erroneously paid by City. City shall provide Contractor with, and Contractor shall accept in good faith, resale, direct pay, or other exemption certificates, as applicable . 6. Out of Pocket Expenses. Contractor shall be reimbursed only for expenses which are expressly provided for in a Statement of Work or which have been approved in advance in writing by City , provided Contractor has furnished such documentation for authorized expenses as City may reasonably request. 7. Audits. Contractor shall provide such employees and independent auditors and inspectors as City may designate with reasonable access to all sites from which Services are performed for the purposes of performing audits or inspections of Contractor 's operations and compliance with this Agreement. Contractor shall provide such auditors and inspectors any reasonable assistance that they may require. Such audits shall be conducted in such a way so that the Services or services to any other customer of Contractor are not impacted adversely . 8. Term and Termination. The term of th is Agreement shall commence on the Effe cti ve Date and shall continue un le ss this Agree men t is te rmina ted as provi ded in this Section 8. (a) Convenience . City may, without cause and without penalty , terminate the provision of Services under any or all Statements of Work upon th irty (30 ) days pr ior written notice . Upon such term ination , City sha ll, upon receipt of an invoice fro m Cont ractor, pay Contr actor for Services act uall y re nd ere d pr io r to th e effective date of suc h termination. Ch arg es will be base d on time expended for all incomp lete tasks as listed in the applicable Statement of Work, and all completed tasks will be charged as indicated in the applicable Statement of Work. (b) No Outstanding Statements of Work. Either party may terminate this Agreement by providing the other party with at least thirty (30) days prior written notice of termination if there are no outstanding Statements of Work . (c) Payment Default. If City defaults in the payment of any amount due under any Statement of Work and does not cure the default within fifteen (15) days after receiving written notice of such default, then Contractor may terminate the affected Statement of Work by providing fifteen (15) days prior written notice of termination to City (d) Material Breach. If either party materially defaults in the performance of any term of a Statement of Work or this Agreement with respect to a specific Statement of Work (other than by nonpayment) and does not substantially cure such default within thirty (30) days after receiving written notice of such default, then the non-defaulting party may terminate this Agreement or any or all outstanding Statements of Work by providing ten (1 O) days prior written notice of termination to the defaulting party. (e) Bankruptcy or Insolvency. Either party may terminate this Agreement effective upon written notice stating its intention to terminate in the event the other party: (1) makes a general assignment of all or substantially all of its assets for the benefit of its creditors; (2) applies for, consents to, or acquiesces in the appointment of a receiver, trustee, custodian, or liquidator for its business or all or substantially all of its assets; (3) files, or consents to or acquiesces in, a petition seeking relief or reorganization under any bankruptcy or insolvency laws; or (4) files a petition seeking relief or reorganization under any bankruptcy or insolvency laws is filed against that other party and is not dismissed within sixty (60) days after it was filed . (f) TABOR. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution 3 ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in this Agreement to the contrary, all payment obligations of City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of City's current fiscal period ending upon the next succeeding December 31. Financial obligations of City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated . (g) Return of Property. Upon termination of this Agreement, both parties agree to return to the other all property (including any Confidential Information, as defined in Section 11) of the other party that it may have in its possession or control. 9. City Obligations. City will provide timely access to City personnel, systems and information required for Contractor to perform its obligations hereunder. City shall provide to Contractor's employees performing its obligations hereunder at City 's premises, without charge, a reasonable work environment in compliance with all applicable laws and regulations, including office space, furniture, telephone service, and reproduction, computer, facsimile , secretarial and other necessary equipment, supplies, and services. With respect to all third party hardware or software operated by or on behalf of City, City shall, at no expense to Contractor, obtain all consents, licenses and sublicenses necessary for Contractor to perform under the Statements of Work and shall pay any fees or other costs associated with obtaining such consents, licenses and sublicenses. Io . Staff. Contractor is an independent contractor and neither Contractor nor Contractor's staff is, or shall be deemed to be employed by City. City is hereby contracting with Contractor for the Services described in a Statement of Work and Contractor reserves the right to determine the method, manner and means by which the Services will be performed. The Services shall be performed by Contractor or Contractor's staff, and City shall not be required to hire, supervise or pay any assistants to help Contractor perform the Services under this Agreement. Except to the extent that Contractor's work must be performed on or with City's computers or City's existing software, all materials used in providing the Services shall be provided by Contractor. 11. Confidential Information. (a) Obligations. Each party hereto may receive from the other party information which relates to the other party's business, research, development, trade secrets or business affairs ("Confidential Information"). Subject to the provisions and exceptions set forth in the Colorado Open Records Act, CRS Section 24-72-101 et. seq ., each party shall protect all Confidential Information of the other party with the same degree of care as it uses to avoid unauthorized use, disclosure, publication or dissemination of its own confidential information of a similar nature, but in no event less than a reasonable degree of care . Without limiting the generality of the foregoing, each party hereto agrees not to disclose or permit any other person or entity access to the other party's Confidential Information except such disclosure or access shall be permitted to an employee, agent, representative or independent contractor of such party requiring access to the same in order to perform his or her employment or services . Each party shall insure that their employees, agents, representatives, and independent contractors are advised of the confidential nature of the Confidential Information and are precluded from taking any action prohibited under this Section 11. Further , each party agrees not to alter or remove any identification, copyright or other proprietary rights notice which indicates the ownership of any part of such Confidential Information by the other party. A party hereto shall undertake to immediately notify the other 4 party in writing of all circumstances surrounding any possession, use or knowledge of Confidential Information at any location or by any person or entity other than those authorized by this Agreement. Notwithstanding the foregoing, nothing in this Agreement shall restrict either party with respect to information or data identical or similar to that contained in the Confidential Information of the other party but which (1) that party rightfully possessed before it received such information from the other as evidenced by written documentation; (2) subsequently becomes publicly available through no fault of that party; (3) is subsequently furnished rightfully to that party by a third party without restrictions on use or disclosure; or (4) is required to be disclosed by law, provided that the disclosing party will exercise reasonable efforts to notify the other party prior to disclosure. (b) Know-How. For the avoidance of doubt neither City nor Contractor shall be prevented from making use of know-how and principles learned or experience gained of a non-proprietary and non-confidential nature. (c) Remedies. Each of the parties hereto agree that if any of them, their officers, employees or anyone obtaining access to the Confidential Information of the other party by, through or under them, breaches any provision of this Section 11, the non-breaching party shall be entitled to an accounting and repayment of all profits, compensation, comm1ss1ons, remunerations and benefits which the breaching party, its officers or employees directly or indirectly realize or may realize as a result of or growing out of, or in connection with any such breach . In addition to, and not in limitation of the foregoing, in the event of any breach of this Section 11, the parties agree that the non-breaching party will suffer irreparable harm and that the total amount of monetary damages for any such injury to the non-breaching party arising from a violation of this Section 11 would be impossible to calculate and would therefore be an inadequate remedy at law. Accordingly, the parties agree that the non-breaching party shall be entitled to temporary and permanent injunctive relief against the breaching party , its officers or employees and such other rights and remedies to which the non-breaching party may be entitled to at law, in equity or under this Agreement for any violation of this Section 11. The provisions of this Section 11 shall survive the expiration or termination of this Agreement for any reason. 12 . Project Managers. Each party shall designate one of its employees to be its Project Manager under each Statement of Work, who shall act for that party on all matters under the Statement of Work. Each party shall notify the other in writing of any replacement of a Project Manager. The Project Managers for each Statement of Work shall meet as often as either one request to review the status of the Statement of Work . 13. Warranties. (a.) Authority . Contractor represents and warrants that: ( 1 ) Contractor has the full corporate right, power and authority to enter into this Agreement and to perform the acts required of it hereunder; (2) the execution of this Agreement by Contractor, and the performance by Contractor of its obligations and duties hereunder, do not and will not violate any agreement to which Contractor is a party or by which it is otherwise bound under any applicable law, rule or regulation; (3) when executed and delivered by Contractor, this Agreement will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms; and (4) Contractor acknowledges that City makes no representations, warranties or agreements related to the subject matter hereof that are not expressly provided for in this Agreement (b) Service Warranty. Contractor warrants that its employees and contractors shall have sufficient skill, knowledge, and training to perform Services and that the Services shall be performed in a professional and workmanlike manner. (c) Personnel. Unless a specific number of employees is set forth in the Statement of Work , Contractor warrants it will provide sufficient employees to complete the 5 Services ordered within the applicable time frames established pursuant to this Agreement or as set forth in the Statement of Work . During the course of performance of Services, City may, for any or no reason, request replacement of an employee or a proposed employee . In such event, Contractor shall, within five (5) working days of receipt of such request from City, provide a substitute employee of sufficient skill, knowledge, and training to perform the applicable Services. Contractor shall require employees providing Services at a City location to comply with applicable City security and safety regulations and policies. ( d) Compensation and Benefits. Contractor shall provide for and pay the compensation of employees and shall pay all taxes, contributions, and benefits (such as, but not limited to, workers ' compensation benefits) which an employer is required to pay relating to the employment of employees. City shall not be liable to Contractor or to any employee for Contractor's failure to perform its compensation, benefit, or tax obligations . Contractor shall indemnify, defend and hold City harmless from and against all such taxes, contributions and benefits and will comply with all associated governmental regulations, including the filing of all necessary reports and returns. 14. Indemnification. (a) Contractor Indemnification. Contractor shall indemnify, defend and hold harmless City, its directors, officers, employees , and agents and the heirs , executors , successors , and permitted assigns of any of the foregoing (the "City lndemn itees ") from and against all losses, claims, obligations, demands , assessments , fines and penalties (whether civil or criminal), liabilities, expenses and costs (including reas onable fees and disbursements of legal counsel and accountants), bodily and other personal injuries , damage to tangible property, and other damages, of any kind or nature, suffered or incurred by a City lndemnitee to the extent arising from or related to : (1) any negligent act , error, or omission by Contractor or its representat ives in the performance of Contractor's obligations under this Agreement, or (2) any material breach in a representation, warranty, covenant or obligation of Contractor contained in this Agreement. (b) Infringement. Contractor will indemnify, defend, and hold City harmless from all lndemnifiable Losses arising from any third party claims that any Work Product or methodology supplied by Contractor infringes or misappropriates any Intellectual Property rights of any third party; provided, however, that the foregoing indemnification obligation shall not apply to any alleged infringement or misappropriation based on: (1) use of the Work Product in combination with products or services not provided by Contractor to the extent that such infringement or misappropriation would have been avoided if such other products or services had not been used; (2) any modification or enhancement to the Work Product made by City or anyone other than Contractor or its subcontractors; or (3) use of the Work Product other than as permitted under this Agreement. (c) Indemnification Procedures. Notwith-standing anything else contained in this Agreement, no obligation to indemnify which is set forth in this Section 14 shall apply unless the party claiming indemnification notifies the other party as soon as practicable to avoid any prejudice in the claim, suit or proceeding of any matters in respect of which the indemnity may apply and of which the notifying party has knowledge and gives the other party the opportunity to control the response thereto and the defense thereof; provided, however, that the party claiming indemnification shall have the right to participate in any legal proceedings to contest and defend a claim for indemnification involving a third party and to be represented by its own attorneys, all at such party's cost and expense; provided further, however, that no settlement or compromise of an asserted third- party claim other than the payment/money may be made without the prior written consent of the party claiming indemnification . (d) Immunity. City, its officers, and its employees, are relying on , and do not waive or 6 intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time to time amended, or otherwise available to City, its officers, or its employees. 15. Insurance. (a) Requirements. Contractor agrees to keep in full force and effect and maintain at its sole cost and expense the following policies of insurance during the term of this Agreement: (1) Statutory Worker's Compensation, including occupational disease, in accordance with law. (2) Commercial General Liability Insurance (including contractual liability insurance) providing coverage for bodily injury and property damage with a combined single limit of not less than three million dollars ($3,000,000) per occurrence. (3) Professional Liability/Errors and Omissions Insurance covering acts, errors and omissions arising out of Contractor's operations or Services in an amount not less than one million dollars ($1,000,000) per occurrence. (4) Employee Dishonesty and Computer Fraud Insurance covering losses arising out of or in connection with any fraudulent or dishonest acts committed by Contractor personnel , acting alone or with others, in an amount not less than one million dollars ($1,000,000} per occurrence . (b) Approved Companies. All such insurance shall be procured with such insurance companies of good standing, permitted to do business in the country, state or territory where the Services are being performed . (c) Certificates. Contractor shall provide City with certificates of insurance evidencing compliance with this Section 15 (including evidence of renewal of insurance) signed by authorized representatives of the ( respective carriers for each year that this Agreement is in effect. Each certificate of insurance shall provide that the issuing company shall not cancel, reduce, or otherwise materially change the insurance afforded ~nder the above policies unless thirty (30) days notice of such cancellation, reduction or material change has been provided to City. 16. Rights in Work Product. (a) Generally. Except as specifically agreed to the contrary in any Statement of Work, all Intellectual Property Rights in and to the Work Product produced or provided by Contractor under any Statement of Work shall remain the property of Contractor. With respect to the Work Product, Contractor unconditionally and irrevocably grants to City during the term of such Intellectual Property Rights, a non-exclusive, irrevocable, perpetual, worldwide , fully paid and royalty-free license, to reproduce, create derivative works of, distribute, publicly perform and publicly display by all means now known or later developed, such Intellectual property Rights . (b) Know-How. Notwithstanding anything to the contrary herein, each party and its respective personnel and contractors shall be free to use and employ its and their general skills, know-how, and expertise, and to use, disclose, and employ any generalized ideas, concepts, know-how, methods, techniques, or skills gained or learned during the course of any assignment, so long as it or they acquire and apply such information without disclosure of any Confidential Information of the other party. 17 . Relationship of Parties. Contractor is acting only as an independent contractor and does not undertake, by this Agreement, any Statement of Work or otherwise, to perform any obligation of City, whether regulatory or contractual, or to assume any responsibility for City 's business or operations . Neither party shall act or represent itself, directly or by implication, as an agent of the other, except as expressly authorized in a Statement of Work. 18 . Complete Agreement. This Agreement contains the entire agreement 7 between the parties hereto with respect to the matters covered herein. - 19 . Applicable Law. Contractor shall comply with all applicable laws in performing Services but shall be held harmless for violation of any governmental procurement regulation to which it may be subject but to which reference is not made in the applicable Statement of Work. This Agreement shall be construed in accordance with the laws of the State of Colorado . Any action or proceeding brought to interpret or enforce the provisions of this Agreement shall be brought before the state or federal court situated in Arapahoe County, Colorado and each party hereto consents to jurisdiction and venue before such courts. 20. Scope of Agreement. If the scope of any provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its fullest extent, then such provision shall be enforced to the maximum extent permitted by law, and the parties hereto consent to and agree that such scope may be judicially modified accordingly and that the whole of such provision of this Agreement shall not thereby fail, but that the scope of such provision shall be curtailed only to the extent necessary to conform to law. 21. Additional Work. After receipt of a Statement of Work, City, with Contractor's consent , may request Contractor to undertake additional work with respect to such Statement of Work . In such event, City and Contractor shall execute an addendum to the Statement of Work specifying such additional work and the compensation to be paid to Contractor for such additional work. 22 . Subcontractors. Contractor may not subcontract any of the Services to be provided hereunder without the prior written consent of City. In the event of any permitted subcontracting, the agreement with such third party shall provide that, with respect to the subcontracted work, such subcontractor shall be subject to all of the obligations of Contractor specified in this Agreement. 23. Notices. Any notice provided pursuant to this Agreement shall be in writing to the parties at the addresses set forth below and shall be deemed given (1) if by hand delivery, upon receipt thereof, (2) three (3) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested or (3) one (1) day after deposit with a nationally-recognized overnight courier, specifying overnight priority delivery. Either party may change its address for purposes of this Agreement at any time by giving written notice of such change to the other party hereto. 24. Assignment. This Agreement may not be assigned by Contractor without the prior written consent of City. Except for the prohibition of an assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. 25 . Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the parties hereto and shall not confer any rights upon any person or entity not a party to this Agreement. 26. Headings. The section headings in this Agreement are solely for convenience and shall not be considered in its interpretation. The recitals set forth on the first page of this Agreement are incorporated into the body of this Agreement. The exhibits referred to throughout this Agreement and any Statement of Work prepared in conformance with this Agreement are incorporated into this Agreement. 27 . Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall not effect in any way the full right to require such performance at any subsequent time; nor shall the waiver by either party of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself. 28 . Force Majeure. If performance by Contractor of any service or obligation under th is Agreement is prevented, restricted, 8 delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communications failures, earthquakes, war, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any governmental or judicial authority or representative of any such government, or any other act whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Contractor, then Contractor shall be excused from such performance to the extent of such prevention, restriction, delay or interference. If the period of such delay exceeds thirty (30) days, City may, without liability, terminate the affected Statement of Work(s) upon written notice to Contractor. 29. Time of Performance. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. 30. Permits. Contractor shall at its own expense secure any and all licenses, permits or certificates that may be required by any federal, state or local statute, ordinance or regulation for the performance of the Services under the Agreement. Contractor shall also comply with the provisions of all Applicable Laws in performing the Services under the Agreement. At its own expense and at no cost to City, Contractor shall make any change, alteration or modification that may be necessary to comply with any Applicable Laws that Contractor failed to comply with at the time of performance of the Services . 31 . Media Releases. Except for any announcement intended solely for internal distribution by Contractor or any disclosure required by legal, accounting, or regulatory requirements beyond the reasonable control of Contractor, all media releases, public announcements , or public disclosures (including, but not limited to, promotional or marketing material) by Contractor or its employees or agents relating to this Agreement or its subject matter, or including the name , trade mark, or symbol of City , shall - ; ( be coordinated with and approved in writing by City prior to the release thereof. Contractor shall not represent directly or indirectly that any Services provided by Contractor to City has been approved or endorsed by City or include the name, trade mark, or symbol of City on a list of Contractor's customers without City's express written consent. 32. Nonexclusive Market and Purchase Rights. It is expressly understood and agreed that this Agreement does not grant to Contractor an exclusive right to provide to City any or all of the Services and shall not prevent City from acqumng from other suppliers services similar to the Services. Contractor agrees that acquisitions by City pursuant to this Agreement shall neither restrict the right of City to cease acquiring nor require City to continue any level of such acquisitions. Estimates or forecasts furnished by City to Contractor prior to or during the term of this Agreement shall not constitute commitments. 33. Survival. The provisions of Sections 5, 8(9), 10, 11, 13, 14, 16, 17, 19, 23, 25 and 31 shall survive any expiration or termination for any reason of this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their authorized officers as of the day and year first above written . This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. CITY OF ENGLEWOOD, COLORADO BY: Title: ------------- ATTEST: City Clerk MACTEC Engineering and Consulting, Inc. By: Title : _olf>'-'--'-..&...a:c,e _ _,_M:w.....-.-;e..,..-r __ _ 9 Schedule A STATEMENT OF WORK - g7MACTEC --+---engineering and constructing a better tomorrow February 28, 2006 PROP05DENV 061 Mr. Tom Brennan City of Englewood Utilities Office 1000 Englewood Parkway Englewood, CO 80110-1407 Response to Request for Proposal Invitation for Bid #RFP-05-148 Initial Distribution System Evaluation (IDSE) Dea r Mr. Brennan : MACTEC Engineering and Consulting Inc. (MACTEC) is pleased to submit this proposal to the City of Englewood (City) in response to Addendum No. 4 for Bid #RFP-05-148. This letter proposal addresses the modified scope of work the City has defined for the project, and it reflects our commitment to provide the City with value-focused services. Our locally based team will be led by a Professional Engineer and a Geographic Information System (GIS) specialist, with 27 and 29 years of experience, respectively, to provide the services that you need. Our Project Manager, Curt Thompson, P.E., has performed water distribution system modeling for water utilities ranging in size of population served from 6,000 to 300,000. Curt has used various software packages for distribution system modeling and has used GIS applications in numerous engineering projects. Our GIS specialist, Mickey Campbell, has spent his nearly 30-year career in applying computer software, modeling, and GIS applications for resolving engineering challenges. He has been responsible for implementing GIS systems and mapping for ci ties , utilities , and other consultants, and he has supervised and trained engineering, public works , and administrative staff in GIS software and applications. Curt and Mickey first worked together on a planning project in 1986, and have worked together on various projects since that time . The following work descriptions and cost proposal reflect our understanding that the City desires a hydraulic model of the distribution system that can be used by the City staff to analyze and study the system and to perform future detailed designs . Our proposal also includes a training program to assure that the City staff understands the modeling software and the model development methodology. We look forward to reviewing and refining these work tasks with you to develop a scope of work and budget that best suits your needs . MACTEC Eng ine e ring and Consulting , Inc . 14062 Denve r West Par kwa y, Sui l 300 • Gol den , CO 80401 '" Phone 30 3 292 5365 o 303 292 5411 www.madec.c om February 28, 2006 PROP05DENV 061 Mr. Torn Brennan City of Englewood Page 2 METHODOLOGY AND STATEMENT OF WORK Task 1 -Evaluate and purchase distribution system modeling software with two licenses. MACTEC proposes to use a software evaluation matrix, similar to the one shown below, to screen and evaluate the software packages. MACTEC will work with City staff to identify and prioritize the software evaluation criteria, and we will provide advice to the City on the advantages and disadvantages of each type of software package. Each software package will be ranked, relative to the others, to determine the package that best suits the City's needs . The costs of the software packages vary significantly, and our Cost Proposal reflects an assumed cost of $8,000 for the two software licenses. The final cost of our services for this project will be adjusted to reflect the actual cost of the software licenses that are purchased as part of the project. SOFTWARE EVALUATION MATRIX /'_/ / / /b / / / / -~e; / ~ / '~ ':_,\ / ,S-/ 0 ' /~ ~ ~ '\~ / -~ ?::---:s:,"' ~ ~t-~'t ~0 / r.:--8-4. / Rl§' Ro ,(~ . ~~ '- .,,, {:,'<) (//ii / ~"" / ~ .,.. / f~ ,l' / &" ~ c,~ ~'< / 0, ·.Pc:-. # / ~0 ':,.."'-/ ~0 cP , 1f ' ~c.; ~ / ,i-'li ~ o 6-'l> SOFTWARE 0~ / Q'<(l} / ~+~'li "'e,6' / ~~lS "il; / q..§ EPANET2 WaterCAD H20NET MIKE NET lnfoWORKS lnfoWater1" Following the selection of the distribution system modeling software, MACTEC will provide two days of technical training to two City staff as the first step in helping them to attain a "model maintainer level " of understanding of the software . The second step of training will occur after the hydraulic model of the City's system has been developed, and will involve one full day of interactive rev iew of modeling results , modification of input data, and iterative running of the model to develop an understanding of th e characteristics and nuances of the model. As the final ... __ _ ( February 28, 2006 PROP05DENV 061 Mr. Tom Brennan City of Englewood Page 3 -~---------~~- step in the training, MACTEC will perform a follow-up visit with City staff to review their work with the model and to assure that the model is running properly and correctly simulating the operation of the City's distribution system. Task 2 -Develop the distribution system hydraulic model. The distribution system hydraulic model will be developed to assure that it is appropriate for use in detailed system design and operational studies . The modeling efforts will involve developing data for the following components of the system: • The pipe network. The pipe network will include the pipe sizes and lengths as necessary to assure accurate hydraulic simulation of the network operating characteristics. The network will include, as a minimum, all pipes that are 8-inch diameter and larger, and all 4-inch and 6-inch diameter pipes that connect remote areas of the distribution system to the main portion of the system . The two pressure zones of the City's distribution system will be modeled either as two separate zones to simplify the model(s), or as a single zone with interconnecting valves and pumps between the two zones. The decision on which method to use for modeling the two zones will be made by the City. • The operating facilities. The operating facilities will include the storage facilities, the pump stations (high service pumps and booster pumps), and the control valves that influence the flows through the distribution system. All of these facilities will be represented in the model with their control and performance settings and their open/closed status as required and appropriate to simulate normal operations within the distribution system . • The system demand database. The system demand database is one of the most crucial aspects of creating an accurate water distribution system model. It is also the most labor- intensive task in developing the system model. Our approach to developing the database will involve combining the City's water meter accounting data, the land ownership data (i.e. parcel numbers), and the water distribution system network and nodes. This approach will allow the application of actual water use data for each property parcel to the water distribution system. GIS techniques will be used to allocate each property parcel to its respective node within the distribution system , and to connect the water usage data to each property parcel. A separate spreadsheet will be used to manipulate the water meter accounting data to calculate an average day demand value that is appropriate for use in the distribution system model. We will work with City staff during this process to familiarize and train them with the techniques used for February 28, 2006 PROP05DENV 061 Mr . Tom Brennan City of Englewood Page 4 calculating the demands for each node in the system and for developing the estimated demand for the scenario being analyzed (e .g . average day, maximum day, or peak hour). The average day demand for each property parcel will be calculated using the actual water meter records for the years 2004 and 2005. The use of additional years of meter records to calculate demands can be negotiated, if the City desires . MACTEC will also work with City staff to analyze the City's water usage records to determine appropriate factors for estimating maximum day and peak hour demands . The final work products for the database of system demands will include : • Spreadsheets for converting the water meter accounting data into a data base of property parcel water use . • An analysis of factors for estimating maximum day demand and peak hour demand as a ratio of the average day demand . • A GIS map of the distribution system network with water demands allocated to the nodes of the distribution system model. Task 3 -Calibrate the distribution system hydraulic model. The accuracy of the hydraulic model is highly dependent on the quality of the system demand database and the accuracy and detail of the values input for the pipeline, pumping, and control va lve system. Our approach is to develop the system demand database and the distribution system model to a higher level of detail than is standard , so that model calibration and verificat ion is facilitated. Calibration will be accomplished by comparing the calculated pressures within the distribution system with known pressure values at specific nodes. The nodes with known values will be the storage tanks and pump stations, as a minimum . Additionally , historical operating data will be used to verify actual pressures within the system . The calibration accuracy of the model will be achieved by modifying pipe roughness characteristics (within acceptable ranges), operating characteristics of the operating facilities , and the system demand database (as appropriate). The calibration step will be closely coordinated with City staff to assure that the model modifications are within the tolerances of the modeling techniques and assumptions. - February 28, 2006 PROP05DENV 061 Mr. Tom Brennan City of Englewood Page 5 Cost Proposal The cost proposal described below is based on the methodology and statement of work described herein, and on the following assumptions: 1. The distribution system hydraulic model will be prepared to simulate average day demand for 2005. 2. The distribution system hydraulic model will provide a "snapshot" of system operations (i.e. it will not be run in extended simulation mode). 3 . Hydraulic calibration and verification of the model will be performed by comparing known system pressures for average day conditions with the system pressures calculated by the model. The estimated costs do not include performing field hydrant tests. COST PROPOSAL Invitation for Bid #RFP-05-148 Item No. Description Price I. Evaluate and purchase distribution system modeling software with two licenses. 2. 3. Develop the distribution system hydraulic model. Calibrate the distribution system hydraulic model. TOT AL PROPOSED COST $14,000* $19,000 $ 5.000 $38,000 • This estimated cost includes $8 ,000 for purchase of two licenses for modeling software. The actual cost of purchasing the modeling software could vary significantly depending on the modeling software that is selected by the City . ... February 28, 2006 PROP05DENV 061 Mr. Tom Brennan City of Englewood Page 6 -~---------. Thank you for your consideration of this proposal. Please contact me Curt Thompson at 303-293-6070 if you have any questions or would like additional infonnation. We look forward to providing further explanation of our approach in our presentation to you on March 2, 2006. Sincerely, z;:z7:;z;;;/·;g;c. Curtis A. Thompson , P.E . Project Manager Kendall L. Dalton, P.E. Senior Principal Engineer CA T/KLD/cgh , COUNCIL COMMUNICATION Date: Agenda Item: Subject: April 1 7, 2006 11 a i Bill for an Ordinance Amending Title 5, Chapter 8 (Reflexology) of the Englewood Municipal Code Initiated By: Staff Source: Finance and Administrative Services Department Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has discussed this topic numerous times, including the September 19 and October 3, 2005 study sessions. Council passed Ordinance 54, Series of 2005 on November 11, 2005 which added Reflexology licensing to the Englewood Municipal Code. Council also passed Ordinance 3, Series of 2006 which amended the transitional period for reflexology licenses. RECOMMENDED ACTION Staff recommends Council approve the attached Bill for an Ordinance amending the education requiremen ts for reflexologists to allow an applicant a license if they possess a va lid certificate from a state recognized reflexology ce rtification board. The language in the Code would read as follows: 5-8-3-C-2: b. In the alternative, the applicant must possess a current, va lid certificate from a state recognized reflexology certification board. City staff has worked with a number of refle xologists in de ve loping this license to insure only qualified practitioners are allowed to be licensed and practice their profession in the City of Englewood. Staff believes a reflexologist holding a current, va lid certificate from fl state recogniz ed reflexology certification board has the necessary education and experience for li censing in the City of Englewood. FINANCIAL IMPACT This will not impact the City 's financial position. UST OF ATTACHMENTS Bill for an Ordinance - I ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO . 6 INTRODUCED BY COUNCIL MEMBER ------- A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 8, SECTION 3, SUBSECTION C, OF THE ENGLEWOOD MUNICIPAL CODE 2000, WHICH PERTAINS TO REFLEXOLOGY EDUCATION REQUIREMENTS . WHEREAS, the City Council of the City of Englewood passed Ordinance No . 54, Series of 2005, pertaining to Reflexology licensing in the City of Englewood, Colorado; and WHEREAS , the Englewood City Council amended the transitional period for Reflexology Licenses; and WHEREAS, the passage of this Ordinance will amend the education requirements for Retlexologists allowing applicants a lic:.:nse if they possess a valid certificate from any State recognized certification Board rather than limiting the certification to only one certification group; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The City Council of the City of Englewood hereby approves amending Title 5, Chapter 8, Subsection 3, Subsection C (2), of the Englewood Municipal Code 2000, which shall read as follows: Chapter 8 REFLEXOLOGY 5-8-3: Application for License. C. Education: 1. The applicant must provide complete disclosure of his or her education and experience as a reflexologist. 2 . To obtain a reflexologist license the applicant mu st have : a . Graduated from a school accredited by the State Educational Board or division charged with the responsibility of approving private occupational schools , or from a school with comparable approval or accreditation from another state with transcripts indicating completion of at least two hundred (200) hours of training , including a minimum one hundred ten (110) hours of supervised class instruction, in reflexology. For the purposes of this Chapter, a reflexology school may include an equivalency program approved by the State Educational Board or division charged with the responsibility of approving private occupational schools . b. In the alternative, the applicant must possess a current, valid c e rtificate from the Amerieafl RefleKelegy Certifieatiefl Beare a state recognized reflexology certification board. Section 2 . Safety Clauses. The City Council hereby finds , determines , and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and w e lfare of the public, and that this Ordinance is necess ary for the preservation of health and safety and for the protection of public conve nience and w e lfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . Section 3 . Severability. If any clause, sentence , paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other p ersons or circumstances. Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. Effect of repeal or modification. The repeal or modification of any prov ision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or liability , either civil or criminal , which shall have been incurred under such provision, and each provision shall be treated and held a s still remaining in force for the purposes of sustaining any and all proper actions , suits , proceedings, and prosecutions for the e nforcement of the penalty, forfeiture, or liability , as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered , entered, or made in such actions , s uits , proceedings, or prosecutions . Section 6 . Penalty . The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance . Introduced , read in full , and passed on fir st reading on the 17th day of April, 2006. Publi shed as a Bill for an Ordinance on th e 21st day of April , 2006 . Olga Wolosyn, Mayor ATTEST: Lo ucrishia A. E ll is, City C lerk 1, Louc ris h ia A. E lli s, City C le rk of the Ci ty of E ng lewood , Colorado, h ereb y certi fy th a t th e a bove and foregoi ng is a true cop y of a Bi ll for an O rd inan ce, introduced , read in fu ll , and passed on fi rst reading o n th e 17th day of April, 20 06. Loucrishia A . Ellis COUNCIL COMMUNICATION Date: Agenda Item: Subject: April 1 7, 2006 11 a ii Southgate /South Arapahoe Intergovernmental Agreement for Reimbursement Initiated By: Staff Source: Utilities Department Stewart H. Fonda, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their April 11, 2006 meeting, recommended Council approval of the Agreement for Reimbursement of Southgate Property Owners. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In the early 1990's, a clerical error caused 82 accounts that were in Southgate to be coded as being in the South Arapahoe Sanitation District. As a result, Southgate residents incurred the South Arapahoe Sanitation District Maintenance Charges, which where substantially higher than Southgate's charges. This situation was discovered when a homeowner observed that his property tax notice listed his residence in Southgate, but Englewood 's bill stated he was in the South Arapahoe Sanitation District. He called Englewood and brought it to the Utilities Department's attention . The Utilities Department reviewed all the accounts in the affected subdivision to insure that the codes are correct. Notices with instructions will be sent to the property residents on obtaining refunds . FINANCIAL IMPACT It is the goal of all involved parties to resolve this matter so the owner/residents of the properties are refunded th e ove rcharged amount, Southgate Sanitation Distri c t is reimbursed for its un co llected service charges and any remaining unclaimed funds be utilitized for the benefit of Southga te ustomers, if not claimed by December, 2007. Th South Arapahoe Sanitation District has calculated the amount of the refunds due the owners of th e properties, in luding int e res t rates based on rates earned by South Arapahoe during the time - period. The City of Englewood, Southgate and South Arapahoe have consulted their records and all concur with the amounts noted. LIST OF ATTACHMENTS Bill for Ordinance ORDINANCE NO . SERIES OF 2006 BY AUTHORITY COUNCIL BILL N INTRODUCED BY MEMBER ---- A BILL FOR AN ORDINANCE AUTHORIZING ENTERING AN INTERGOV ERNM ENT I. AGREEMENT BETWEEN THE SOUTH ARAPAHOE SANITATION DISTIO<:I. SOUTHGATE SANITATION DISTRICT AND THE CITY OF EN • WOOi> PERTAINING TO REIMBURSEMENT OF OVER CHARGED SANIT ATIO H+S BY SOUTH ARAPAHOE SANITATION DISTRICT TO THE SOUTH JAT ~ S IT 10 DISTRICT CUSTOMERS . WHEREAS, the City of Englewood Utilities Department ha s co nnc to ,c~·m ·11 1!1 w11h the South Arapahoe Sanitation District and Southgate Sanitation Dis1ri 1: md WHEREAS , as part of those agreements the City bills customers for lh · 1>1,111 '"' nnual maintenance fees along with the City's treatment fees and remit. 1h i.: m 11n1 ·n 111 ·c fci.:i. 10 the Districts; and WHEREAS, several houses on the border between 1he di . 1r ic1. Wl!ll' 1ncom· ·11 1 dt.:!l1gna1cd and billed for South Arapahoe Sanitation District fees in . lead of 1hc . m11h 11: . 11111111011 District fees; and WHEREAS , the City of Englewood, South Arapahoe Sun11a11on 1>1 111 ·1 11111 Sou 1h ga 1c Sanitation District have reached an agreement whereb 1h c h 11 ·~·i, coll ·cl ·d for . ou lh Arapahoe Sanitation District are to be refunded by ou lh raraho · San111 1111n Dn,1ric1 10 the Southgate Sanitation District customers, with inlerc . 1: and WHEREAS , South Arapahoe Sanitation Dis1ri I will dt.:JlllMI 1h · hmd "11h 1hi.: 'i1y and the City, as the billing party, will administer th refund Jlfll\' .,,., NOW, THEREFORE, BE IT ORDAIN ·D BY 1 111 · ('I Y ('Ol Cit . OF TH· ITV OF ENGLEWOOD, COLORADO, AS FOLL WS : Section I . The City Council of the ity of bl k" ood , 'ol11rad11 hcrch au th orizes entering into an Intergovernmental Agreement between 1hc . mllh , 'I' ho ' S n1tution District, Southgate Sanitation District and the ily f En •le" o )d r ·n 11n1n I the reimbur . ement of over charged Sanitation Fees by South Arapah e . nn11 11 0 11 1>1,111 ·1 Ill 1h • • oulhgate anitation District customers, attached hereto a Exhibit Section 2 . The Mayor is authorized 10 e e ·u1c nd lhc ·11 'lcrk lo attest and seal the Intergovernmental Agreement for and n behalf of lh • '1t of ·n lew od. olorado . Introduced , read in full , and pas ed on fin,t re Kim on lhc 17th day of April, 2006. Published as a Bill for an Ordinance on the 21st day of April , 2006 . Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 17th day of April, 2006. Loucrishia A . Ellis AGREEMENT THIS AGREEMENT entered into with an effective date of April 17, 2006 , by and between the SOUTH ARAPAHOE SANITATION DISTRICT , a Colorado special district (hereinafter "SASD "), the CITY OF ENGLEWOOD, a Colorado municipal corporation (hereinafter the "City"), and SOUTHGATE SANITATION DISTRICT , a Colorado special district (hereinafter "Southgate ") (collectively, the "Parties "). ' WITNESS ETH: WHEREAS, SASD and the City have an arrangement whereby the City bills and collects SASD annual customer service charges, and remits the collected amounts to SASD at specified times throughout the year; and WHEREAS, the City has, from the years 1994 through 2005, inclusive, inadvertently collected SASD service charges from the residential properties listed on the attached Exhibit A (the "Properties") which are not located within SASD's boundaries, and are in fact located within the Southgate Sanitation District ("Southgate"); and WHEREAS, the City has a similar arrangement for the billing and collection of Southgate 's annual service charges, and has not billed or collected the Southgate charges from the Properties ; and WHEREAS , Southgate 's annual service charge is considerably less that SASD 's service charge because SASD does not have an ad va/orem tax and relies on the service charge for its operating revenue, with the result that the owners of the Properties have been substantially overcharged for sewer services during the time above-referenced ; and WHEREAS, the Parties wish to resolve this matter so that a) the owners of the Properties are refunded the amounts overcharged, b) Southgate is reimbursed for its uncollected service charges from the Properties, and c) any remaining funds are utilized for the benefit of customers of Southgate ; and WHEREAS , SASD has calcu lated the amount of t he refu nd due the ow ners of each of the Properties and to Sou t hgate , and in total , including interest based upon the rates earned by SASD on the overcharges during the times in question, wh ich amounts are also included in the att ache d Ex hibit A ; and WH E REAS, t he Ci ty and Southg at e hav e re vi ewed Exh ib it A and consulte d t heir own re cords an d agree t hat SA S D's ca lcul at ion s are acc urate and base d upon a ppropriat e assumptions and princ iples . NOW , THEREFORE , in consideration of the facts set forth above an d t he mut ual co ve nants , terms , and cond itions set forth below , the Parties to this Agree men t agree as foll ow s : Pag e 1 of 5 .. I! X H I a I T A 1 . SASD to Pay Southgate. SASO will deliver a check to Southgate on or about April 18, 2006, in the amount of four thousand, eight hundred fifty-eight and ninety-seven one -hundredths dollars ($4,858 .97) in full and final settlement of all amounts due Southgate in connection with this matter. 2 . SASD to Deposit Funds. SASD will deliver a check to the City on or about April 18, 2006, in the amount of fifty-one thousand, five hundred fifty-seven and twenty-one one hundredths dollars ($51,557 .21), representing the total amount to be refunded to the owners of the Properties, including interest thereon through April 17, 2006 (the "Funds"), in trust, to be disbursed by the City in accordance with the terms hereof. 3. City to Implement Reimbursement. Subject to the terms and conditions set forth in this Agreement, the City shall, at its own sole cost and expense, implement and administer all aspects of the disbursement of the Funds to the owners of the Properties. Such implementation and administration shall include without limitation the following duties and tasks : a. Identification and location of any and all former owners of each of the Properties to the extent reasonably practicable . b. Determination of the correct allocation of the refund due for each of the Properties among the current and former owners thereof. c. Individual, direct notification to all current and former owners of any of the Properties within the time period set forth above that the Funds are available and the procedure and requirements to obtain reimbursement, including appropriate proof of ownership . d. Publication of such notice by any reasonable means. e . Determination of an appropriate reimbursement protocol, including without limitation provision for obtaining a release of claims for the protection of the City and SASD prior to the issuance of any check or other disbursement of any Funds . Such protocol shall be submitted to and approved by SASD and Southgate prior to implementation . f. Disbursement of Funds in accordance with the approved protocol. g. Maintenance of accounts showing the disposition of the Funds, and reporting the status of the accounts to SASD and Southgate no less often than monthly. h. Keeping SASD and Southgate apprised of any issues and concerns that arise during the implementation of the reimbursement protocol, or in connection with the City's duties hereunder. Page 2 of 5 { \ 4 . Additional Interest. Immediately upon receipt of the Funds, the City shall deposit and hold the Funds in an interest-bearing account and a proportionate share of th e interest earned thereon shall be added to the amount of each reimbursement check paid pursuant to this Agreement, as of the date of such check. 5. Termination of Reimbursement Program and Disposition of Undistributed Funds. The City shall hold the Funds and reimburse eligible parties pursuant to the approved reimbursement protocol until December 31, 2007. By February 1, 2008, the City shall issue a check to Southgate in the amount of the Funds, if any, remaining as of that date. Southgate shall hold such amount for three years from the date when received and shall pay them out to any person entitled thereto proving his/her claim through any method satisfactory to Southgate. At the end of such three- year period, any remaining amount of the Funds shall become the property of Southgate . 6 . Enforcement/RemediesNenue. The terms and conditions of this Agreement may be enforced through judicial action brought in a court of competent jurisdiction. Available remedies include specific performance, although the respective Parties each expressly waive any right to consequential, exemplary or punitive damages against the other Parties individually and collectively . The prevailing party to any judicial action brought shall be entitled to recover reasonable attorney's fees and court costs from the other party . Venue for any judicial action shall be exclusively in (?istrict Court for Arapahoe County, Colorado . 7 . Settlement of Claims . Through the Parties' performance of the terms set forth herein, all claims any Party may have against any other Party with respect to the overcharge of the Properties and the failure to collect and remit Southgate's sewer charge are hereby stipulated to be settled, and each Party agrees hereby to release, acquit, and forever discharge any and all such claims upon full and faithful performance of the terms of this Agreement. 8. Parties' Liabilities . Nothing in this Agreement shall be construed or interpreted as a waiver of any provision of the Colorado Governmental Immunity Act, sections 24-10-101 et seq ., of the Colorado Revised Statutes . 9. Integration; Amendments. This Agreement is intended as the complete integration of all understandings between the Parties . No prior or contemporaneous addition , deletion or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written amendatory agreement executed by the Parties . 1 O. Third-Party Beneficiary . It is the intent of the Parties that no third party beneficiary interest is created in this Agreement , and specifically that no former or current owner of any of the Properties shall have standing to enforce this Agreement. Page 3 of 5 - 11. Financial Obligations . Notwithstanding the fact that the City's performance obligations will persist throughout the remainder of 2006 and all of 2007, all of the costs except incidental bookkeeping and administrative costs are anticipated to be complete within 2006 . This Agreement is not intended to create a multiple-fiscal year direct or indirect debt or financial obligation of any Party . 12. No Personal Liability. No elected official, director, officer, agent or employee of the City nor any elected official, director, officer, or agent of SASD or Southgate shall be charged personally or held contractually liable by or to any other party under any term or provision of this Agreement or because of any breach thereof or because of its or their execution, approval or attempted execution of this Agreement. 13. Paragraph Headings. The paragraph headings are inserted herein only as a matter of convenience and for reference and in no way are intended to be a part of this Agreement or to define, limit or describe the scope or intent of this Agreement or the particular paragraphs hereof to which they refer. 14. Legal Authority. The persons signing and executing this Agreement on behalf of each of the Parties, do hereby state and affirm that they have been fully authorized to execute this Agreement on behalf of the Party they represent, and to validly and legally bind the Party they represent , to all the terms , performances, and provisions herein set forth . 15. Counterparts . This Agreement may be executed in three (3) counterparts, each of which shall be deemed to be an original, but all of which shall together constitute one and the same document. [The remainder of the page deliberately left blank. Signature block starts on next page.] Page 4 of 5 IN WITNESS WHEREOF, each of the Parties has executed this Agreement to be effective on the date above written . ATTEST: Title: ---------- ATTEST: By:------------- City Clerk ATTEST: G :SASD :040606-Agreement SOUTH ARAPAHOE SANITATION DISTRICT By:------------- Steven Daldegan President, Board of Directors CITY OF ENGLEWOOD By:------------- Mayor SOUTHGATE SANITATION DISTRICT Title:------------ By: ------------- President, Board of Directors Page 5 of 5 - ( Exhibit A - 3 .12% ~....,_ ..... Dil'9Ctlon Strwl Poot Dir 2005 :s1S11MOn..a 7742 s --Cl s 92.38 S 31 !IIM077520 7752 s -Cl s 82.12 s 31-ffl10 7711 s --Cl s 82.12 s 31-m12 7771 s -Cl s 124.54 S 31-77723 7772 s -Cl s 82.12 S S1-ffl14 7711 s -Cl s 82.12 S 31-771ZS 7712 s -Cl s 111 .46 $ 31 .. 77111 7711 g -Cl s 82.12 s 319121771111 7780 s -Way s 82.12 S 31912178117 7831 s -Way s 82.12 S 3191317M1t 7141 s -Way s 82.12 S 319121171521 7152 s -Way $ 82.12 S 315ZJDn031 7703 s o,-Cl s 82.12 S 315ZJD77141 7714 s a._ Cl $ 131 .12 $ 315ZJD77 115 7718 s o,-Cl $ 85.23 $ ll5ZJD77Zl2 7723 s Gr.-Cl s 911 .37 $ 315ZJD773111 7731 s a._ Cl s 1 15.45 S 3152311n4111 7741 s a._ Cl s 82.12 $ 3 1~ 8034 s o._ Cl s 82.12 $ 31-.e 8063 s o._ Cl s 82.12 $ S15Z3lla*5 -s Or.-Cl s 82.12 $ 31~ 11113 s o._ Ct s 115.45 S ' 3154311771153 7705 s Hudson Cl s 85.23 S 3 154311771M 77111 s -Cl s 82.12 S 315431177257 77-z. s H-., Cl s 150.07 S 31S&31177all 772& s Hudson CL s s 3 154311774111 7741 s Hudoon Cl s 82.12 S 3 1-7UII 7120 s Hudson S l s 82.12 S ~-5 5435 E Unb Cr. s s -547a2 5479 E Unb Cr. s s --· 5537 E Linb Cr. $ s :911054l07 5420 E Long Pl. $ s '.m11054400 -e · Long Pl $ s 311133115271G 527& E Mineral Cr. s s 3111331152113 5291 E Minanol Cr. s s 3H331153317 53311 E Mineral Cr. s s --53911 E Minanol Cr. s s :.833054Gl5 54119 E Mineral Cr . $ s 3111133054219 5429 E Mineral Cr. $ s s.u.,._ San-lo cha,pd Soulh Arapahoe F•• SOUTH ARAPAHOE SANITATION DISTRICT Soulhgalo Prope<1ies Charged by Englewood ---. ----· .. 't;...., K: Aver-.i• Int.rest Rales· p.yn.u.10 : .: •~ • •n~ • u~ • n5'!1, 6 .06'!1, 4 .86'!1, 5.24% 5.29% 5.1 0'!1, 5.54'!1, 3 .8()11, · :'Amaiii,i . • 1,3070 '·"'"la 6 .06'!1, 4.86% 3 .9'~ 5.24% 5.29% 5.10% 5.54% bli~ ~ita~~ 2004 71 .41 s 71 .41 s 71.41 s 95 .31 s 71 .41 s 72 .88 S 95 .31 s 71 .41 s 71.41 s 71 .41 s 71 .41 s 71 .41 s 71.41 s 71 .41 s 71.41 $ 71 .41 s 123.34 $ 71 .41 s 71 .41 s 71 .41 s 71 .41 s 128 .95 $ 71 .41 s 71 .41 s 89 .70 $ 71 .41 s 71.41 s 71 .41 s 73.M S 73.M S 73.M $ 128.17 $ 74 .25 $ 74 .25 $ 81 .56 $ 75 .77 $ 74.25 $ 73.84 $ 74.25 $ 2003 01 2000 1999 1991 1991 1916 1995 1994 · -• .;.·1o SG '. 2000 1999 2001 1991 1997 1916 1995 62.58 S 52.15 'i'"""uos s 39.48 S 30.26 s 28.14 S 62.58 $ 52.15 $ 48.79 $ 43.43 $ 30.26 $ 38.90 S 82.58 S 52.15 s 36.56 S 39.48 $ Z7 .59 s Z7 .59 $ 98.26 $ 19.60 $ 48.79 S 55.77 s 32.42 s 28.14 S 62.58 $ 52.15 s 37.31 s 52.66 S 38.90 s 45.40 S 78.60 $ 52.15 $ 36.56 S 39.48 s 32.42 s 32.42 $ 93.35 $ 85.97 $ 74.&2 S 61.97 s 49.72 s 32.42 S 82.58 S 52.15 s 36.56 S 39.48 S 27 .59 $ 27 .59 $ 62.58 S 52.15 S 36 .56 S 39 .48 S Z7 .59 s 27.59 S 62.58 $ 57.32 S 54 .53 S 39 .48 $ 27 .59 $ 27 .59 $ 62.58 S 53.22 $ 36 .56 S 46.46 $ 32.42 S Z7 .59 $ 73.69 S 11 .40 $ 43.05 S 49.56 $ 30.26 S 27 .59 $ 83.51 $ 11.40 $ 51.66 S 46."6 S 36.75 S 27 .59 S 117.91 $ 911 .25 $ 51 .66 S 58 .87 $ 32.42 $ 32.42 S 73.19 $ 15 .50 S 45.12 $ 40.33 S 32.42 S 32.42 S 63.116 $ 19.60 $ 45.92 $ 49.56 $ 36.75 S 34.58 $ 62.58 S 77 .79 S 63.14 $ 71.28 S 38 .90 S 34.58 S 62.58 $ 52. 15 $ 37.31 s 43.43 S 30.28 S 30.28 S 62.58 $ 52.15 S 37.31 s 55.77 $ 34.58 $ 30.26 S 78.60 S 85.87 S 54.53 S 55.77 s 45.40 S 62.69 S 62.58 $ 52.15 s 36.56 S 46."6 S 27.59 $ 27.59 $ 98 .26 $ 77.79 $ 45.92 $ 40.33 $ 32.42 $ 32.42 $ 63.86 $ 52.15 $ 36.56 S 39.48 $ 27 .59 S 27 .59 $ 68.88 S 73.59 S 43.05 S 52.66 S 34.58 S 30.26 S 132.64 $ 106.44 S 68.88 S 74.38 $ M .30 $ 27 .59 $ 62.58 $ 52.15 $ 36 .56 S 39.48 $ 27 .59 S 27 .59 $ 63.86 S 52.15 S 36 .56 $ 39 .48 $ 38.90 S 27.59 $ 83.52 S 69.60 $ 36.56 S 39.48 S 27 .59 S 27 .59 S 61.92 $ 53.22 $ 36.56 S 47.38 s 27 .59 $ 32.42 S 61.92 S 52.15 S 36.56 S 47 .38 s 27 .59 $ 32 .42 $ 61.92 $ 52.15 $ 36.56 S 47.38 s 27 .59 S 27.59 $ 136.11 $ 122.82 $ 66.01 s 85.53 $ 27 .59 $ 28.14 $ 68.05 $ 52.15 $ 36.56 $ 47.38 s 27 .59 $ 30.26 S 63 .20 $ 53.22 $ 36.56 S 47.38 $ 27 .59 $ 27 .59 $ 97.23 $ 52.15 $ 43.0 5 s 63.20 $ 38 .90 S 27 .59 S 106.95 $ 73.69 $ 43.05 $ 55.75 $ 32.42 $ 41 .07 $ 81 .92 $ 53.22 $ 36.56 $ 52 .11 s 27 .59 $ 32.42 S n .18 s 69.60 $ 40 .18 $ 74 .36 $ 28.14 $ 27 .59 $ 63.20 $ 57 .32 S 63.14 $ 74.36 s 43.23 $ 45.40 S Page1ol6 Z7 .59 s 25.88 S 29.57 S 41 .07 $ 37.95 $ 37 .14 S 32.42 S 31 .05 $ 29 .57 S 28.14 $ Z7.60 $ 48.75 $ 43.23 $ 38.&8 S 29 .57 S 32.42 $ 21.97 $ 29 .57 $ 41.07 $ Z7 .IIO $ 41 .78 $ Z7 .59 $ 21.97 $ 39 ."6 S 27.59 $ 21.97 $ 29 .57 S 27 .59 S 21 .97 $ 32 .50 $ 27 .59 s 21.97 $ 30 .18 $ 27 .59 $ 22.43 $ 37 .14 $ 28 .14 S 21 .97 $ 29.57 S 28.14 $ 21 .97 $ 41 .78 S 30 .28 $ 34.50 $ 39."6 S 34.58 $ 22.43 $ 29 .57 S 32.42 $ 25.88 $ 30.18 $ 27 .59 S 21 .97 S 29.57 S 51.87 s 36.23 $ 29 .57 $ 45.40 S 34.50 $ 44.11 s 34.58 S 21 .97 $ 21.97 S 28.14 $ 22.43 S 41 .78 S 27 .59 $ 21.97 $ 27 .59 S 30 .26 $ 27 .60 S 32 .50 S 27.59 $ 21.97 $ 2!1 .57 S 27 .59 $ 21.97 S 30 .18 $ 36.75 S 21 .97 S 29.57 S 27.59 S 21.97 $ 29.57 S 34.58 S 21 .97 S 29 .57 S 28 .14 $ 21 .97 $ 32.50 S 27 .59 $ 21 .97 $ 29.57 S 27 .59 S 34.50 $ 39 .46 S 28.14 S 25.88 $ 37.14 $ 27.59 S 21 .97 $ 29 .57 S 30 .26 $ 22.43 $ 37 .14 S 34 .58 $ 31 .05 $ 44 .11 s 27 .59 S 21 .97 S 29 .57 $ 27 .59 $ 21 .97 $ 30 .18 $ 30.26 $ 31 .05 $ 44 .11 s 29.57 "6.42 30.18 41.78 29.57 32.50 44.11 30.18 29.57 29.57 41 .78 29.57 29.57 29.57 34.82 44.11 39.46 34.82 29.57 29.57 21 .97 37.14 27.59 34.82 29.57 37.14 32.50 29.57 29.57 29.57 29.57 53.39 29.57 29.57 39.48 30.18 29.57 32.50 29.57 f "• /,t5'-J5-.$ "t',,i ·' ·-~'-''' t)Jll~ l'):::fj::; :!J1 }:' 'II! i <F}SD.ts .-·· -~ r~!}g~~ r. .,:)ei· f ~i i 1:t ·:;::.::. a.,.•,· ·/511 ·15 ·$ ,. Dt.il s {A'st1!1 s . · i/m.tii ~Il:(f ;~ : . .<Ct~ ·~ .. ~ ,:;;;:'}!:! •· Ifi~:i5 t · ·miL ... • • .. $ . ~. $ ··45.49 , .. :•· s ·· ..a:,;· .:iiii _ _._;;,., :m:c • :.411A1 .. 393.IICi !!17-• _523,t~ il01.21 _..;2, ' .•. -$10.40 416/2006 SOUTH ARAPAHOE SANITATION DISTRICT Southgale Propertia Charged by Englowood lrureatEllfflingo: --· -· • Direction SlrNI Poat Dir 1194 11195 1996 1997 1998 1999 2000 21101 21102 21103 2004 21105 21106 ,,_n4211 n42 s -Cl 0 .49 2.17 3 .34 4 .116 6 .34 7 .42 11 .63 9 .49 5 .14 3.85 5.42 15.65 6 .96 31511,ecmszo n52 s Glancoa Cl a.a, 3 .35 4 .911 7 .34 9 .57 10.85 16 .24 12.116 1.75 4 .17 11.63 111 .47 1 .05 31911411n1 10 n,, s -Cl 0 .50 2.21 3 .50 5.31 1.92 7 .91 12.19 9.75 5 .20 3.119 5.46 15.11 6.118 3191141177712 n11 s -Cl 0 .72 3 .40 5.011 6 .12 11.40 9 .49 14.90 12.19 8 .59 5.06 7.25 21.02 9.38 ,1911411n1n m2 s -Ct 0 .49 2 .17 3 .69 8 .03 1 .43 10 .11 15.112 12.53 6 .49 4.71 8 .44 11.00 7 .88 3191141177114 n11 s -Cl 0 .54 2 .34 3 .40 4.15 11.117 7 .91 12.34 11.85 5.25 4.01 5.72 16.25 7.15 3151141177125 7712 s -Cl 0 .76 3 .34 4 .64 11.IIO 8 .94 10.54 17 .01 14.28 7.13 5 .97 1 .31 23 .40 10 .211 3151MD77118 n11 s -Ct 0 .50 2.48 3 .IIO 5.25 11.74 7 .73 11.96 9 .59 5.13 3.84 5 .41 15 .47 6.82 3111121177-77111 s -Way 0 .49 2.17 3.24 4 .M 11.10 7 .1 1 11.14 9 .03 4.87 3.68 5.21 14 .99 8 .63 31 !1112078317 1131 s -Way 0 .49 2.25 3 .39 4 .81 6 .21 7 .28 11.37 11.54 5 .31 3 .99 5.58 15.89 7.00 31!0Jll78419 7841 s -Way 0 .72 2.89 3.95 5 .42 11.91 1 .02 12 .69 10.24 5.44 4.04 5 .85 11.08 7 .07 311113171521 7852 s Glencoa Way 0 .49 2.38 3.65 5 .11 6 .58 7.65 12.23 10 .11 5.51 4.20 5.90 16 .68 7 .32 315Zl077031 7703 s Gr-Ct 0 .49 2.17 3.24 4.68 6 .13 7 .36 11 .97 10.114 5.55 4 .28 6 .06 17 .07 7 .48 315Zl077141 nM s ~ Cl D.49 2.51 3 .89 5 .37 6 .99 8 .22 13.34 11.23 8.43 5 .22 7.42 21 .15 9.48 315Zl077115 n18 s ~ Cl 0.59 2.75 4.31 8.29 8 .02 9 .22 14.09 11.26 8.10 4 .59 6 .38 17 .89 7 .83 :st5230n232 nn s Gr-Cl 0 .76 3 .00 4 .06 5.74 7 .61 8 .911 14 .19 11 .51 6.25 4.66 6 .39 18.13 8 .02 31523077319 7738 s ~ Cl 0 .67 2.75 3 .92 5 .62 7 .43 8 .66 14 .75 12.68 7.02 5.18 7 .35 21.55 9 .52 31523077480 "" s ~ Cl 0 .59 2.47 3.53 4 .96 6 .50 7.64 12 .03 9 .73 5.20 3.89 5.46 15.61 6.81 3 I 523D8D340 8034 s Gr-Cl 0 .49 2.17 3.60 6 .07 8 .31 9 .51 14 .99 12.02 6 .26 4 .56 6 .26 17.56 7 .68 31~ 8063 s ~ Cl 0 .49 2.57 4 .33 6 .65 9 .59 11 .82 18 .37 14 .69 7.94 5.90 7 .97 21.73 9 .39 31SZ!C*IIM5 8084 s Gr-Cl 0 .34 1.53 2.41 3 .93 5.54 6 .57 10 .64 8.82 4.78 3 .62 5 .14 14.81 6 .56 31S23Dal930 8093 s ar., Cl 0 .63 2.94 4.32 5.85 7 .50 8.72 13.42 10.80 6 .00 4 .73 7 .08 20.97 9.29 31543077053 7705 s Hudson Cl 0 .45 2.00 3 .02 4 .41 5.85 6 .87 10.83 8.81 4 .77 3.62 5.15 14 .119 6 .61 31543077111 7716 s Hudson Cl 0 .59 2.55 3.83 5.51 7.15 8 .37 13.41 10 .911 8 .02 4.56 6 .31 17 .67 7 .72 31543077257 7725 s Hudson Cl 0 .49 2.17 3 .24 4.64 6 .10 8.49 15 .77 13.56 7.73 6 .18 1 .77 25.04 11 .17 31S4l0772III 7726 s Hudson Cl 0 .63 2.62 3 .69 5 .14 6 .61 7 .62 11.IIO 9 .48 5.08 3 .11 5.37 14 .17 5 .80 31543077411 77411 s Hudson Cl 0 .54 2.34 3.40 5.08 6 .78 8 .05 12.73 10.12 5.37 4.00 5 .61 15.96 7 .03 315400712111 7120 s Hudson St 0 .49 2.17 3.24 4.64 6.10 7 .11 11.14 9.03 5.02 3.99 5 .72 16.23 7 .13 > -54365 5436 E Links Cr. 0 .49 2.17 3 .24 4 .83 8 .81 7 .73 12.19 9 .91 5.29 3 .94 5 .54 14 .82 5 .99 -54712 5478 E Links Cr . 0 .49 2.25 3 .39 4 .83 6 .43 7.56 11 .97 9.75 5.21 3 .89 5 .47 14 .46 5.92 -55379 5537 E Links Cr. 0.49 2.17 3.24 4 .64 6.10 7.11 11 .38 9 .35 5.02 3.77 5.33 14.11 5 .78 311111054207 5420 E Long PL 0 .94 3 .81 5 .41 7 .35 1 .94 9 .90 16.19 14.02 8.05 6 .'9 9 .43 24 .98 10 .23 31111105"MGO 5440 E Long Pl. 0 .49 2.38 3 .74 5.31 6 .11 7 .94 12.47 10 .10 5.37 4 .02 5 .68 14.96 6 .13 3&93l0527IIO 5276 E Mineral Cr. 0 .49 2.17 3 .24 4.64 6 .10 7 .11 11 .38 9.35 5.03 3 .79 5 .36 14.20 5.82 9331152913 5296 E Minaral Cr. 0 .67 2.95 4 .20 5 .78 7 .35 9 .61 14 .18 11 .73 6 .17 4 .69 6 .72 17 .63 7.22 319331153317 5331 E Mineral Cr. 0 .50 2 .61 4 .27 6 .21 1 .27 9 .69 15 .16 12.25 6 .60 5.14 7 .28 18.90 7 .74 3Rl31153981 53911 E Minonll Cr. 0 .49 2 .17 3.24 4 .64 6.23 7 .36 11.14 9.77 5.22 3.90 5.49 14 .52 5.95 311933054095 5409 E Mineral Cr. 0 .54 2 .36 3.43 4 .66 6.32 7 .34 12.52 10 .75 5.85 4 .48 6 .29 16.44 6 .74 311133054299 5429 E Mineral Cr . 0 .49 2 .57 4 .24 8.06 8 .11 9 .90 16 .J.4 13 .84 7 .37 5 .30 7 .17 18 .61 7 .62 Soulhgalo San Accounts charged Soulh Arapaho• Foss Page 2 ol6 416/2!)06 3.12" 1.30% Ao:ama,t Number -· • Dlrwctlon Slr•t Poot Dir 2005 2II04 :a:s:JIIS4302 5430 E -Cr. s s 87 .40 s 31D311543IIO 5439 E -Cr. $ $ 74 .25 $ -S'40 E .. -.. Cr • s s 75 .77 S 31D31154492 5448 E iwr-t Cr. s s 74.25 S 31al115451M 5459 E .. -.. Cr. $ $ 99.04 $ --5460 E --Cr. s $ 74.25 S 3lll30547N 5479 E Mineral Cr. $ s 93.22 $ JlalD~ 5419 E -Cr. s s 74.25 $ 31al1155010 5501 e MinmaJ Cr. $ s 74.25 S 31al1155214 5521 E .. -.. Cr. s $ 74.25 $ 31al11554 18 554 1 E .. -.. Cr. $ s 74.25 S 31al1155510 5551 e -Cr. s $ 74.25 S 31al1155611 5561 E M-.i Cr. $ s 74.25 s 31al1155713 5571 E .. -.. Cr. $ s 99.CM s 31al1155115 5581 e Mineral Cr. s s 74.25 $ 3lll3055817 5591 e Mine"" Cr. s $ 74.25 $ 3&11210542S2 5426 E .. -.. Ln s s 75.77 s 311121115411113 5486 e Minefal Ln s $ 74 .25 S -5505 E Mineral Ln s s 74.25 S 3612111551151 5565 E M-Ln s s 74 .25 $ 311211155662 5566 E ..... Ln $ s 74.25 s 31931055279 5527 E Minefal Pl s s 74.25 $ J8!1310552IIO 5521 E Mineral Pl s $ 74.25 s 36131055511 5 5558 E Minefal Pl s $ 87.40 s 361!131055IIO 5588 E Mineral Pl $ s 74.25 S llll54052017 5208 E Nichols Dr. s $ 74.25 $ llll540523112 5238 E -Dr. $ $ 93 .22 $ l&l5405211118 5261 E Nichols Dr . $ $ 81.56 S l6l54052ll3 5291 E Nichols Dr. $ $ 104.88 $ llll5405lll02 5300 e Nichols Dr. $ $ 74.25 $ l&l540531119 5390 E Nichols Dr. s s 75.77 s -1054031 5403 E Nichols Pl . s s 81 .56 $ 36151054 t44 5414 E Nichols Pl. s s 163.14 $ -1054235 5423 E Nichols Pl s s 74.25 $ llll510543411 5434 E Nichols Pl. s s 75.77 $ 311151054439 5443 e Nichols Pl $ $ 87.40 $ llll510S4530 54 53 e Nichols Pl s $ 87.40 $ 3195105454 1 5454 E Nichols Pl. s s 192.27 $ 31951054734 54 73 E Nic;hols Pl. s $ 74.25 $ 3615105474 5 5474 E Nichols Pl. $ $ $ 36151054938 5493 E Nichols Pl. $ $ 74.25 S Sou.,._.. San Accounlo charged South Arapahoe Foos ,............._ SOUTii ARAPAHOE SANITATION DISTRICT Sou"9a1e Properties O..ged by Englewood Average lnlofesl Rales: 1.10% 1.76% 3.95% 11.06% 4.116% ::,.~ .. .,.. ,_.,,..,. ::,.1u.,.. ::>.:>4"" 2003 2002 2001 2000 1999 1991 1997 1996 1995 --·-·-. -. ·--·---· 1~-li;.~}J·t:::::: 82.63 S 81.88 s 54.53 $ 89.25 $ 51.87 $ 61.05 $ 57 .32 $ 36.56 $ 47.31 $ 27 .59 $ 106.115 S 106.44 S 80.36 $ 104.14 S 58.37 S 1114.43 $ 121.11 s 129.15 $ 182.23 S 114 .30 $ 111.67 S 11.40 $ 43.05 $ 55 .75 $ 32.42 $ 11 .92 S 52.15 S 36.56 $ 47.31 $ 27 .59 $ 17.50 S 57 , $ 36.56 $ 47.31 $ 27.59 $ 61.12 $ ! z $ 36.56 S 70.M S 43.23 S 63.20 $ 7, .19 S 61.88 $ 70 .114 S 36.75 S 61 .92 $ 52.15 $ 36.56 S 41 .39 S 27 .58 S 61 .92 S 52.15 S 36.56 $ 47.31 $ 27 .59 $ 61.12 S 139.19 $ 36.56 s 104.14 $ 47.55 $ 11 .92 S 57.32 S 36.56 S 47.31 S 27.59 $ 97.23 S 52.15 $ 36.56 $ 47 .31 S 27.59 S 72.11 s as .so s 43.05 s 52.11 s 30 .21 S 61 .92 $ 52.15 $ 36.56 $ 47.31 $ 27.59 $ 82.63 S 11 .88 S 54 .53 S 70 .64 $ 41 .07 $ 61 .92 $ 52.15 S 36.56 $ 47.31 $ 31.90 S 81 .92 S 52.15 S 36.56 S 47.31 S 27 .59 $ 61.05 $ 57 .32 $ 40.11 $ 47.31 $ 27 .59 S 77.78 $ 102.35 $ 45.92 $ 70.64 $ 31.90 $ 92.37 $ 65.50 $ 41 .79 S 63.20 $ 32.42 $ 63.20 S 53.22 S 36.56 S 47.31 S 27.59 S 61.05 $ 81 .81 $ 45.92 $ 66.92 S 36.75 $ 61.92 $ 52.15 $ 61.88 $ 81.81 $ 49.72 $ 61.92 $ 52.15 $ 36.56 $ 411 .39 S 21.14 $ 82.63 $ 73.69 S 411 .79 $ 63.20 S 36.75 S 63.20 S 61 .40 S 43.05 $ 63.20 $ 34.58 $ 87.50 $ 90 .06 $ 57.40 s 59.47 $ 32 .42 $ 63.20 $ 85.97 $ 74.62 $ 92.98 $ 41.07 $ 63.20 $ 53.22 $ 37 .31 s 74 .36 S 43.23 $ 92.37 $ 52.15 $ 57 .40 $ 100.42 $ 58 .37 $ 165.27 $ 118.72 S 77.49 S 133.92 S 62.69 S 61 .92 $ 57 .32 $ 40.18 $ 411 .39 $ 43.23 $ 87 .50 $ 11.40 $ 36.56 $ 47.31 $ 27 .59 $ 63 .20 $ 53.22 S 40.18 $ 52 .11 34.58 $ 72.91 $ 119.60 s 41.79 $ 55.75 $ 30 .26 $ 136.11 s 85.97 $ 63.14 $ 122.75 S 43.23 $ 61.92 $ 53.22 $ 51.66 $ 66.92 $ 30 .26 $ s $ $ s $ 61 .92 $ 52.15 $ 74.62 $ 52 .11 $ 30 .26 $ Page 3 o r & 47 .55 $ 47.55 $ 21.97 s 32.42 $ 31.90 $ 21.97 s 58.37 S 49.72 S 41.40 s 49.72 $ 49.72 $ 29.33 $ 34 .58 S 34 .58 S 25.88 S 27 .59 $ 27 .59 $ 21 .97 s 30 .21 S 34 .58 $ 25.88 $ 27 .59 $ 30.26 S 22.43 $ 43.23 $ 41 .07 $ 31.05 $ 21.14 S 31.90 S 21.97 S 27 .59 $ 27 .59 $ 22.43 $ 51.17 $ 64.15 $ 46.58 S 27 .59 $ 27 .59 S 22.43 $ 21 .14 $ 27.59 S 21 .97 $ 32 .42 S 36.75 S 37.95 S 27 .59 $ 27 .59 S 21 .97 $ 21.14 $ 27.59 $ 21.97 $ 27 .59 S 27.59 S 24.15 $ 27 .59 S 27 .59 $ 21 .97 s 47 .55 S 47.55 S 25.88 S 30 .26 S 31.90 S 27.60 $ 77 .82 S 73.49 $ 69.00 s 27.59 S 27.59 S 21.97 s 47 .55 $ 49.72 $ 36.23 $ 43.23 S 47 .55 S 32.78 S 27 .59 $ 32.42 $ 24.15 S 36.75 S 45.40 $ 32.78 $ 21.14 $ 27 .59 $ 31 .05 s 32.42 $ 31.90 $ 32.78 $ 27 .59 $ 31.90 S 36.23 $ 34.58 $ 36.75 $ 29.33 $ 56 .20 $ 64.85 S 50.03 $ 45.40 S 51 .17 S 22.43 S 43.23 $ 45.40 $ 21 .97 s 27 .59 S 27.59 S 25.88 S 34 .58 $ 34.58 $ 27 .60 $ 43.23 $ 28.14 $ 22.43 $ 41.07 $ 45.40 $ 36.23 $ 31.90 $ 27 .59 $ 25.88 $ $ s $ 34.58 $ 30.26 $ 22.43 $ 51 .07 $ 29.57 S 60.35 S 41 .78 S 44.11 s 29.57 S 32.50 S 32.50 $ 41 .78 $ 37.14 S 29.57 S 76.80 S 44.11 s 29.57 S 55.71 s 29.57 S 29.57 S 34.82 S 29.57 $ 29.57 S 34.82 S 92.85 S 30.18 $ 51 .07 $ 48.75 $ 39.46 $ 44.11 s 34.82 $ 29.57 $ 67 .32 $ 44.11 s 53.39 $ 29.57 $ 60 .35 S 41.78 $ 37.14 $ 29.57 $ 58.03 S 51 .07 $ s 44.11 s ~:~ iflrii s ! , .::::;:15 ~~ rtt' l ir::r;, :ii ::: t )l::· :r::;: j:r: ; 1~11 :11:11;rr 1 :; ~i 111'/:::,:i;j~ ::: ·r f J; r :_ · t1:::: 30.1, L j\J ,, ~ ~~:" 46.42 i r:~t: r \:: E:E l JPis r ' ):IE. 48.75 J Y,/:.S.411 s "L'ni:4i 34.82 s t · e .411 s .. . '"1'11.00 s ' '.'.'.: ': s 29.57 $. . . ~"'-.$ ·,41111.n 4/6/2006 SOUTH ARAPAHOE SANITATION DISTRICT Southgate Propertiu Charged by Englewood lnterast Ewnlngo: AcaNnt......, House I Dlr.c:tlon Street Past Dir 1994 1995 1996 1997 1191 1999 2000 2001 2002 2003 2004 2005 200& ,..,IMhM gjj) E ...... Cr. 0 .85 3.87 5.44 7.58 10 .22 12 .22 20 .11 16 .56 8.77 8.43 8.73 22.63 9.27 3111S30543IO 5431 E MN!al Cr. 0.71 1.82 3.39 5.22 6 .38 10 .42 8.69 4 .76 3.67 5.25 13.92 5.70 ---E -I Cr. 0.98 4.52 6 .12 9 .67 12.74 15 .11 24.55 20 .43 10 .99 8.11 10 .13 27 .57 11.29 3111S31154412 5448 E M ...... 1 Cr. 0 .85 3.61 5.14 7.50 10 .26 13 .10 25.09 23.35 12.95 9.95 13 .59 34.29 14.05 3111SJDS45M 54511 E M-1 Cr. 0 .49 2.57 4 .11 5.89 7.77 9.03 14.30 11.66 6.22 4 .88 7.19 19 .04 7.80 ---E M ...... 1 Cr . 0 .49 2.17 3.24 4 .64 1 .10 7 .11 11 .38 9.35 5.02 3.77 5.33 14.13 5.79 -30547• 5479 E Minenl l Cr . D.49 2.25 3.49 5.21 11.95 8.01 12.56 10 .16 5.39 4 .15 6 .08 16.24 6 .85 ---E -I er . 0 .49 Z.25 3.40 4 .91 8 .45 7.83 13 .52 11 .29 5.92 4 .35 6 .03 15.82 8.41 3IIIS30S5010 5501 E -I er. 0 .83 2.94 4.54 6 .67 1.91 10 .54 16.86 14.24 7.78 5.67 7 .62 19.71 8.07 JIIIS3055214 5521 E -er. 0 .54 2.55 3.80 5.56 7.37 1 .37 13.06 10 .53 5.56 4 .11 5.75 15.13 620 319S3115k11 5541 E Mineral Cr . 0 .49 2.17 3.25 4 .87 1 .13 7 .14 11 .41 9.38 5.03 3.78 5.34 14.15 5.79 -»55510 5551 E Mineral er. 0 .49 3.47 8.36 9 .71 13.02 14.96 24 .01 19.20 10 .32 7.62 9.94 25 .36 10.39 J19331155811 5511 E -.1 er. 0 .49 2.57 4.02 5 .51 7.00 8.00 12.54 10.15 5.43 4.08 5.68 14 .98 8.13 3IIIS30S5713 5571 E -.1 Cr. 0 .49 2.17 3.24 4 .64 6.11 7.14 11.42 9.38 5.03 3.97 5.97 16.06 6 .58 :9a3055815 5581 E Mineral er. 0 .76 3.73 5.84 1 .16 10 .14 11 .24 17 .03 13 .46 7.09 5.22 7.14 18.53 7.59 JIIIS3055917 5511 E Mileral Cr. 0.50 2.21 3.27 4 .68 8.14 7.15 11 .43 9.39 5.04 3.78 5.35 14 .16 5.80 3l9Z9054252 5426 E -I Ln 0 .49 2.17 3.24 4 .64 8.11 7 .47 12 .97 11 .27 6.33 4 .88 6.80 17 .74 7.27 31!1291154813 5486 E -I Ln 0 .63 2.75 3.99 5.53 7.02 8.29 13.27 10.65 5.62 4 .15 5.79 15 .24 6.24 31!129115505II 5505 E Mineral Ln 0 .49 2.17 3.24 4 .64 1 .10 7.11 11.38 9.35 5.02 3.77 5.33 14 .13 5.79 ll82905541!11 5585 E MiMral Ln 0.76 3.00 4.14 6.27 8 .85 10 .30 15 .56 12 .30 6.46 4.74 6.54 17 .07 6.99 31929055882 5566 E Mineral Ln 0 .54 Z.48 3.82 5.73 7.61 8.93 14.112 12.38 6.94 5.35 7.33 19.00 7.78 31931055279 5527 E Mineral Pl 0 .72 4.62 8.47 12.85 17.21 19 .32 28 .03 21 .38 10 .79 7.67 10 .20 26.01 10 .66 31931055280 5528 E -Pl 0 .50 2.22 3.30 4 .72 6.17 7.19 11.41 9.4 2 5.06 3.81 5.39 14 .26 5.84 31931055515 55511 E Mineral Pl 0 .67 3.33 5.29 7.116 10.57 12.20 18.93 15 .1 3 8.03 5.88 7.98 20.79 8.52 3111310~ 551111 E -Pf 0 .63 3.14 4 .95 7.34 9 .85 11 .70 19.14 16 .03 8 .38 5.91 7.89 20.36 8.34 3l9540S20l7 520I E Nichols Dr. 0 .49 2.45 3.82 5 .46 7.08 8.09 12.71 10 .29 5.45 4.04 5.66 14 .92 6 .11 -52312 52311 E Nlchall Dr. 0 .81 3.54 522 7 .57 9.87 11 .25 17 .57 14 .18 7.54 5.60 7.79 20 .41 8 .38 3l954052tlllll 52611 E Nichols Dr . 0 .49 2.32 3.75 5.45 8.95 8.13 13.41 11.20 6.01 4.46 6 .21 16.38 6 .71 3lll540S2983 5291 E Nlchall Dr . 0 .81 3.14 4.45 6 .56 8.53 9.72 15.32 12 .72 7.09 5.43 7 .89 20 .37 1 .34 -53002 5JOO E Nlchall Dr . 0 .49 3.22 5.60 7.91 9.11 11.07 11 .37 15.14 1 .65 8.27 8.33 21.44 1.78 3U5405-53911 E -Dr . 0 .50 2.61 4.23 6 .17 8.12 9 .64 16.00 13.09 6.76 4.89 6 .69 17.46 7.15 31951054031 5403 E Nichols Pl. 0 .81 3.80 6.15 9 .57 12 .99 15 .30 24.69 20.00 10 .11 7.17 9.65 24 .77 10 .15 :N951054144 5414 E -Pl. 0.71 1.83 3.76 8.30 8.60 17.05 15.81 8.95 7.20 10.69 28.61 11.72 39151054235 5423 E Nicholo Pl. 0 .94 4 .39 6.19 8 .34 10.85 12.52 18 .99 14 .611 7 .55 5.41 7.29 18.91 7.75 39151054348 5434 E -Pl. 0 .49 2.51 3.91 5.57 7.06 8 .05 12.61 10 .20 5.49 4.26 6.10 16.02 6.56 ll9510SMJ!I 5443 E Nichols Pl. 0 .49 2.38 3.78 5.58 7.44 8.77 13.91 11 .26 5.94 4.37 6 .14 16.31 6.68 :m510545311 5453 E Nichols Pl. 0 .49 2.17 3.25 4 .68 6.56 8.02 12.91 10 .82 5.96 4.52 6.39 16 .91 6.93 31851054541 5454 E Nichols Pl. a.as 4.06 8.18 8.71 11 .17 12.78 21 .59 18 .43 9.74 7.36 10 .81 29 .53 12.10 31951054734 5473 E Nicholo Pl . 0 .59 3.07 4.77 6 .42 1 .25 9 .56 15.27 12 .72 6.72 4.85 6.63 17 .29 7.08 lllll51054745 5474 E Nichols P l. 31851054931 54S3 E Nicholl P l. 0 .49 2.57 4.02 5.58 7.33 8.56 13.50 11.66 6 .42 4.66 6.40 16.73 6.85 Souf'9ale San Accounts charged South Arapahoe Fees Page4ol6 4/6/2006 .......... ,...-- SOUTH ARAPAHOE SANITATION DISTRICT Sou1hgalo Properties Cha,ged by Englewood A-• lnloresl Rales: 3.-;';~1:~. :z · 3 .12'11. 1.JO'JI, 1.10,i, 1.76"' 3.95'11, 6 .06'!1, 4.116'11, 5.24,t, 5.29'!1, 5.10,t, 5.54,t, Ac---I Direction SlrNI Past Dir 2005 20CM 2003 2002 2001 2000 1999 1991 1997 1991 1995 :.-1os.e 5494 E -Pl. s s 74.25 S 81.92 S 85.50 S 36.58 S 47.38 S 27 .59 S 27 .59 S 27 .58 S 21.97 S 30.19 S :.ll'I054$63 5'56 E Olan, Dr. s s 122.35 S 87.23 S 91.40 S 43.05 S 55.75 $ 38.90 S 38.90 S 34.511 S 32 .79 S 37.14 $ 30.19 :.1790547511 5'75 E Olero Dr. $ s 75.n s 8 1.92 $ 85.97 S 36.56 $ 122.75 S 211 .14 $ 28.14 S 43.23 $ 43.13 $ 51 .D7 $ 51 .07 :.1711154950 5495 E Olltra Dr. s s 74.25 S 83 .20 S 52.15 S 36.58 $ 41.39 S 30 .26 $ 27 .59 S 30.26 S 27 .111 S 41.75 S 37.14 2,505.34 $6,789 .35 $6,416.12 S 5,5011.91 $ 3.974.93 S 4 ,9811.48 S 2,938.43 $2,942.51 S 2.909.91 $ 2.295 .48 $ 3, 1~2.50 S Sou1llgale s.n Accounb charged South ,.,_pa _ Fea Page 5ol6 4/6/2006 lnle reol Eoml"II": -~ Hauo• f Direction Street P-Dlr 1994 1995 1996 ~t05iMI !54IM E llichols Pl. 0 .67 2.7 5 3.82 3078054563 5456 E ()taro Dr. 0.50 2.42 3.95 3078054758 5475 E Otani Dr. 0 .89 4 .00 S.1 1 31978054950 5495 E Otani Dr. 0.63 3.14 4.82 $ 47.53 $ 222.41 $ 340.70 Soulhgalo San -charged South Arapahoe FH s 1997 528 5 .90 8 .77 6 .59 SOUTH ARAPAHOE SANITATI ON DISTRICT Soulhgale Properties Chalged by Englewood 1991 1999 2000 2001 6 .76 7 .76 12.23 9.94 7 .89 9 .42 15.01 12.15 10.S4 11 .77 19.79 16.66 8.21 9 .23 14.28 11 .37 $ 483.02 $ 649.57 $ 759.74 $1,219.13 $ 1,003.11 Page6cl6 s 2002 2003 2004 2005 2006 5 .41 4 .09 5.72 15 .06 6.17 6 .45 4 .92 726 19.58 8.02 8 .69 6 .28 8.35 21.52 8.82 5.95 4 .37 6.06 15 .89 6.51 539.12 $ 404.11 $ 564.17 $ 1,515.71 $ S35.92 Southgale 4/6/2006 "" I COUNCIL COMMUNICATION Date: Agenda Item: Subject: April 1 7, 2006 11 C i Supplemental Appropriation to the 2005 Budget for Various General Fund Departments Initiated By: Staff Source: Finance and Administrative Services Department Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has not discussed this supplement specifically, but has discussed the activities of the various funds requiring the supplemental appropriation for Fiscal Year 2005. RECOMMENDED ACTION Staff recommends City Council approve the attached Resolution for a supplemental appropriation of funds for the following funds : GENERAL FUND: SOURCE OF FUNDS: Unreserved/Undesignated Fund Balan ce USE OF FUNDS: Finance and Administrati ve Servic es (Sales Ta x Auditor Position Not Budgeted ) Parks and Recreation (Energy and U tili ty Co sts ) Public Works (E nergy Costs ) City Manager's Office (Personnel Salary Incre ases) TOTAL USE OF FU NDS PUBLIC IMPROVEMENT FUND: SOURCE OF FUNDS: Tran sfer In From Capital Projects Fund USE OF FUNDS: U nreserve d/Undesignated Fund Balance CAPITAL PROJECTS FUND: SOURCE OF FUNDS : nre se rv e d/Undesignated Fund Balance USE OF FUNDS : Transfer Out to the Publi c Improvemen t Fund $12 7,000 $16,000 $70,000 $27,000 $14,000 $1 27,000 $350,000 $350,000 $350,000 $350,000 DONORS FUND: SOURCE OF FUNDS: Reserved Fund Balance -Forfeiture Board $48,400 USE OF FUNDS: Document Scanning $48,400 SEWER FUND: SOURCE OF FUNDS: Retained Earnings $2 ,200,000 USE OF FUNDS: Littleton /Englewood WWTP Expansion Accelerated Construction Schedule $2,200,000 SERVICENTER FUND: SOURCE OF FUNDS: Interdepartmental Billings $80,000 USE OF FUNDS: Cost of Goods Sold -Fuel $80,000 RISI< MANAGEMENT FUND: SOURCE OF FUNDS: Retained Earnings $2 7,000 USE OF FUNDS: Excess Property and Liability Claims $27,000 BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This supplemental appropriation is presented for Council's consideration because total expenditures for the year are not fully known until all expenditures are paid, which is often months after yea r-end . The approp riation for Finance and Administrati ve Services is a result of hiring an additional auditor that was not included in the 2005 Budget. The Parks and Recreation Department's 2005 appropriation was exceeded because utilities and energy costs were higher than expected. The Publi c Works Department appropriation was exceeded because of an unexpected and rapid increase in energy costs. The City Manager's Offi ce exceeded its 2005 appropriation due to increased personnel costs that were not known w hen the 2005 budget was approved in 2004_ The Public Improve ment Fund required additional funds from the Capital Projects Fund because of revenue shortfalls. The D onors Fund co nducted document scanning that was not appropriated in the 2005. The Sewer Fund requires additional funds appropriated because the expansion project at the Littleton/Englewood Wastewater Treatment Plant procee ded ahead of schedule and consequently more funds were paid than expec ted for the yea r. The ServiCenter Fund passed fuel increases on to its billed customers. The Risk Management Fund requires a supplemental appropriation to pay for excess property and liability claims that were not anticipated in 2005. FINANCIAL IMPACT This appropriation will reduce the General Fund 's unreserved/undesignated fund balance by $127,000. The Public Improvement Fund's unreserved/undesignated fund balance will increase $350,000 while the Capital Projects Fund will decrease by a like amount. The Donors Fund 's reserved fund balance will decrease by $48,400. The Sewer Fund's retained earnings will decrease $2,200,000 and the Risk Management Fund will have a decline of $27,000 in its Retained Earnings . LIST OF ATTACHMENTS Resolution RESOLUTION NO. SERIES OF 2006 A RESOLUTION APPROVING THE 2005 YEAR END SUPPLEMENT AL APPROPRIATIONS TO COMPLY WITH CITY CHARTER REQUIREMENTS . WHEREAS, all expenditures and expenses are often not known until all invoices and purchase orders are processed at or after year end; and WHEREAS, supplemental appropriations are often necessary after all expenses are processed; and WHEREAS, the City of Englewood is required by City charter to ensure that expenditures do not exceed legally adopted appropriations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The Budget for the City of Englewood , Colorado , is hereby amended for the year ending 2005, as follows: GENERAL FUND Source of Funds : Unreserved/Undesignated Fund Balance Use of Funds Finance and Administrative Services (Sales Tax Auditor Position Not Budgeted) Parks and Recreation (Energy and Utility Costs) Public Works (Energy Costs) City Managers Office (Personnel Salary Increases) Total Use Of Funds PUBLIC IMPROVEMENT FUND: Source of Funds: Transfer ln From Capital Projects Fund Use of Funds : Unreserved/Undesignated Fund Balance CAPITAL PROJECTS FUND: Source of Funds : Unreserved/Undesignated Fund Balance Use of Funds : Transfer Out to the Public Improvement Fund $127 ,000 $ 16 ,000 $ 70 ,000 $ 27 ,000 $ 14,000 $127 ,000 $350,000 $350,000 $350,000 $350,000 - A I I l_ J lJO Ok_.'!, F J\'JJ ~ ei>erv d Fu.n t J ,.., F .o .. ,ance -Ortenure Bo ar SE, \ Ek. F ,\'lJ ~ tdine ar.nln g ~ L,r '<on, n ewood W\Vyp Ex.nan.s;on ho, '• cce erate onsrrucrion ched111 , ~ Oi,l OJ Ooa , 4 40 <;;2 20n nn o o nn, n non , , nn r nn r fr:ll 1\ , , t' ., , , 1 , r'i , of Png/c11 •", /f!,1 ·,,/o 1. t ,·n, · C ".' Lie, fo th '1~ Of np 1 .,. ,, 1 e o ur,o . . -. . ti('. of., " 1'1'1• I 1'1 11!1' I 11 • CORRECTION THE PnECED ING DOCUMENT OR BLANK F RAME HAS EEEN REivTICROFILMED TO ASSURE LEGIB ILITY AND I TS /MA GE APPEARS I MMEDIATELY HEREAFTER. DONORS FUND: Source of Funds: Reserved Fund Balance -Forfeiture Board Use of Funds: Document Scanning SEWER FUND: Source of Funds: Retained Earnings Use of Funds: Littleton/Englewood WWTP Expansion Project Accelerated Construction Schedule SERVICENTER FUND: Source of Funds: Interdepartmental Billings Use of Funds: Cost of Goods Sold -Fuel RISK MANAGEMENT FUND: Source of Funds: Retained Earnings Use of Funds: Excess Property and Liability Claims $ 48,400 $ 48,400 $2,200,000 $2,200,000 $ 80,000 $ 80,000 $ 27,000 $ 27 ,000 Section 2. The City Manager and the Director of Finance and Administrative Services are hereby authorized to make the above changes to the 2005 Budget for the City of Englewood . ADOPTED AND APPROVED this 17th of April , 2006. ATTEST: Olga Wolosyn, 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 of Reso lution No . __ , Series of 2006. Loucrishia A. Ellis, City Clerk COUNCIL COMMUNICATION Date: Agenda Item: Subject: April 1 7, 2006 11 C ii Supplemental Appropriation to the 2006 Budget for the Finance and Administrati v e Services Department Initiated By: Staff Source: Finance and Administrati v e Serv ices Department Frank Gryglewicz, Direc tor COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has not discussed this supplemental appropriation specifically, but the topic of hiring the Accountant II to help transition departmental duties due to the impending retirement of the City's Revenue and Budget Manager in March of 2007 was discussed at the 2006 Budget Retreat. RECOMMENDED ACTION Staff recommends City Council approve the attached Resolution for a supplemental appropriation of funds: GENERAL FUND: SOURCE OF FUNDS: U nreserve d/Undesignated Fund Balance $35 ,000 USE OF FUNDS: Finance and Administrative Serv ices (Ac co untant II ) $35,000 BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City 's Revenue and Bud get Manager wi ll retir e in March 2007. This position w ill be filled internally, but to do this successfully, it will require on the job training in all the jobs affected to make a smooth transition. This position wi ll add an additional emp loyee for seven or eight months (depending on hire date), and then th e employee co unt w ill return to previous levels. FINANCIAL IMPACT This supp lemen tal appropriation will reduce the General Fund's unreserve d/undesignated fund balanc b $35,000. LIST OF ATTACHMENTS Re elution RESOLUTION NO . SERIES OF 2006 A RESOLUTION APPROVING A SUPPLEMENT AL APPROPRIATION TO THE 2006 BUDGET FOR THE FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT . WHEREAS , the City of Englewood is required by City Charter to ensure that expenditures do not exceed legally adopted appropriations ; and WHEREAS, this supplemental appropriation to the 2006 Budget will fund the Finance and Administrative Services Department Accountant II to help transition departmental duties due to impending retirement of the Revenue and Budget Manager in March 2007 ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The Budget for the City of Englewood, Colorado, is hereby amended for the year ending 2006, as follows : GENERAL FUND: SOURCE OF FUNDS: Unreserved/Undesignated Fund Balance $35 ,000 USE OF FUNDS: Finance and Administrati ve Services (Accountant II) $35 ,000 Section 2 . The City Manager and the Director of Finance and Administrati ve Services are hereby authorized to make the above changes to the 2006 Budget for the City of Englewood. ADOPTED AND APPROVED this 17th of April , 2006. ATTEST: Olga Wolosyn, Mayor Lo ucrishia A. Ell is, City Clerk I, Lo ucrishia A . Ell is, City C lerk fo r th e City of Eng lewood , Co lorado, here by ce rt ify the above is a true copy of Reso lu tio n No. __ , Se ries of 2006. Lo ucrishia A . E ll is, City Clerk COUNCIL COMMUNICATION Date: Agenda Item: Subject: April 1 7, 2006 11 C iii Supplemental Appropriation to the 2006 Budget for Safety Services, Fire Division to upgrade the LifePak 12 diagnostic equipment Initiated By: Staff Source: Finance and Administrati v e Services Department Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has not discussed this issue specifically, but upgrading the LifePak 12s will be important in maintaining "A safe, clean, healthy, and attractive City," one of the Outcomes that Council and staff built the 2006 Budget around. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City's LifePak 12s are an exceptional diagnostic tool that should continue to serve the City for another four or five y ears. Fire personnel believe it is necessary to add th e following upgrades to prov ide the "Stan dard of Care" defined by Den ver Metro Emergency Medical Services providers : • End Tidal Carbon Dioxide Detector is used to v erify endotracheael tube placement and critical diagnosis of acute respiratory and cardiac problems. Englewood is the only agency in the South Denver Metro Area without this ca pability. • Automated Blood Pressure Cuff is used to constantly monitor a patient's blood pressure at the scene and en route. This tool is critical in detecting sudden changes in the patient's c ondition, and it frees up personnel to do other tasks . • Built In Pulse Oximeter Monitor would replace handheld units. This tool continually m o nitors patient's oxygen saturation levels. Also , softwa re is ava ilable to dow nload the diagnostic information into the Fire Manager Medical Patient rep orts . Currently the ve nd or, Medtronic, has a sp ecia l offer provi ding a free upgrade if two o th ers are purchased. The total cos t of upgradin g th e two units is $14,837. RECOMMENDED ACTION Staff re co mmends City Council approve the attached Resolution for a supplemental appropriation of funds for th e Safety Services Department, Fire Di v ision : GENERAL FUND: SOURCE OF FUNDS: Unre erve d/Undesignated Fund Balance $14,837 USE OF FUNDS: afety ervices Depar tment, Fire Division LifePak 12 Upgrad s $14,837 FINANCIAL IMPACT This appropriation w ill reduce the General Fund 's unreserv ed/undesignated fund balance b y $14,837. LIST OF ATTACHMENTS Resolution RESOLUTION NO . SERIES OF 2006 A RESOLUTION APPROVING A SUPPLEMENT AL APPROPRIATION TO THE 2006 BUDGET FOR THE SAFETY SERVICES DEPARTMENT IN ORDER TO UPGRADE THE LIFEPAK 12 DIAGNOSTIC EQUIPMENT. WHEREAS , the City of Englewood is required by City Charter to ensure that expenditures do not exceed legally adopted appropriations; and WHEREAS, this supplemental appropriation to the 2006 Budget will fund upgrades for the LifePak 12 diagnostic equipment for the Safety Services Department, Fire Division ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section l. The Budget for the City of Englewood , Colorado , is hereby amended for the year ending 2006, as follows: GENERAL FUND: SOURCE OF FUNDS: Unreserved/Undesignated Fund Balance USE OF }'UNDS: Safety Services Department, Fire Di v ision LifePak 12 Upgrades $14 ,837 $14 ,837 Section 2 . The City Manager and the Director of Finance and Administrative Services are hereby authorized to make the above changes to the 2006 Budget for the City of Englewood. ADOPTED AND APPROVED this 17th of April, 2006 . ATTEST: Olga Wolosyn, Mayor Lo ucris hi a A. Elli s, City C lerk I , Lo ucrish ia A . Elli s, City C le rk fo r th e City of Eng lewood, Colorad o, hereby certify the above is a true copy of Resolution No . __ , Se ries of 2 00 6 . Loucrishia A . Ellis , City Clerk ( ()'~5 Call to order ' p.m. Invocation f,Q..,ryfAU)..w 1. 2. 3. Pledge of Allegiance ~6Y WOW£~ )\_. 4. Roll call and ___ '].....__present 5. cc at//oJ/tb minutes Members: Tomasso.,, Moore / Barrentine / Oakley ./ Mccaslin .,,,,- Woodward/ Mayor Wolosyn l'.X absent _Tl:._:.o_~.:__~...;,_.=.;w=---moved COUNCIL • M ting working notes ., 1. 2. 3. 4. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, April 17, 2006 7:30 p.m. Eng l ewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 ·I£ Call to order. rJ ' In voca tion . ~ Pled ge of Allegiance. ~ Roll Call. dJ/. ~ Consideration of Minutes of Previous Session. -, (!!j§)utes from the Regulac City Council meeting of Apdl 3, 200 ~ Recognition of Scheduled Public Comment. (P lease limit you r presentation to ten minutes.) Shelley Thompson , Englewood H ousing Authori ty Chair, wi ll dis c uss waiver of development fees associated with the Senior Development Planned Unit Development on South Pennsyl vania . 9 . Conse nt A ge nda It em s. a. b . Approv~ Ordinan ces o n Fir st Rea din g. Approva l o f Ordin an ces o n Sec ond Rea din g. fr Plc•,1 se no te: If ou ha \ e a di abi lity and ne d auxi liary aid or rvi , plea <' no tif the i t of Eng l ewood ( 03 -7 62 -2 40 7) .i t I a t 48 ho urs in ad c1n e of when . ervi e are ll<'C'd d . Th.ink yo u. Englewood C ity Council Agenda April 17, 2006 f l)Prhfi"'kr\ Page2 r(~U /0 ~/ 1-1! 10. 11. c. Res o lutions and Motions. i. ii. Recommendation from th e Englewood Water and Se we r Board to approv e, by Motion, the Allen Water Filtration Plant Residuals Remova l and Disposal Serv ice Agreement. Staff recommends awarding the co ntra c t to the sole source, Waste Management, Inc., in the amount of $49,768. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. . ~ecommendation from the Utilities Department to approve, by otion, an Initi al Distribution Sys tem Eva lu ation m o del. Staff rec o mmends awarding t 1e id for the study to the lowest acceptab le bidd er, MacTec, in th e amount of $38,000. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Pub~rin g Items. (No Publi c H ea ring Scheduled.) Ordinances, Reso lutions and Moti o ns . a. Approva l of Ordinances o n First Read in g. D epa rtm ent of Finance and n Ordinan ce amending the Englewood City Council Agenda April 1 7, 2006 Page 3 iii. Recommendation from the Department of Finance and Administrative Services to approve a Resolution authorizing a supplemental appropriation to the 2006 Budget for Safety Services, Fire Di visio n to upgrade the LifePak 12 diagnostic , f'i equipment. STAFF SOURCE: Frank Gryglewicz, Director of Finance and V Administrative Services.~ 12. Genecal Discussion , / '{'§ ~~{Jf!Pl.¢fn'41,_ t,) ~ a. Mayor's Choice. ~~ • . ?5'//1 . ~JJ~Mv~~tf/lU.-- b. Council Members' Choice. \J___ . 'l~''""fV\-IC,C#. ~ -·o~ ~~~~~ The following minutes were transmitted to City Council between March 31 and April 13, 2006. • Election Commission meeting of February 21, 2006. • Englewood Housing Authority meeting of January 4, 2006. • Liquor Licensing Authority telephone polls of February 15 and March 1, 2006. • Planning and Zoning Commission meeting of March 7, 2006. • Englewood Public Library meeting of March 14, 2006 . ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session April 17, 2006 1. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn ~m7;~ 2 . Invocation The invocation was given by Council Member Barrentine. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn. 4 . Roll Call Present: Woodward, Wolosyn ., Council Members Tomasso , Moore, Barrentine, Oakley, Mccaslin, ~-i} Absent: None ) A quorum was p:::n;resent: City Manager Sears ~ . ,r / Al /,L j.Jc~tJI 1,-V / City Attorney Brotzman V V / ,, ~ Deputy City Manager Flaherty ..pl,;-f 5 . ~ City Clerk Ellis · ~, IP ~""' tJ f) ~Deputy City Clerk Bush r V ~ Director Olson, Safety Servjces v" Director Fonda, Utilities v Director Gryglewicz, Finance and Administrative Services~ ~ Police ---------~ Wlz Fire_________ ~ Consideration of Minutes of ,r.,~1ous Session (a) COUNCIL MEMBE~44tl.) MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 3, 2006 . Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn, Woodward , Tomasso, Oakley Nays : None Motion carried . 6 . Recognition of Scheduled Public Comment "'~$~a) Shelley Thompson, Eng~ew Housing Authority Chair, will discuss wa iver of development ~ f asso~~e~ w~th !}J ~eyi~r crlop nt Planned nit De lopment on South Pennsylvania . 5-~ io~ Recognition of Unscheduled Public Comment Englewood City Council April 17, 2006 Page2 8 . Communications, Proclamations and Appointments (a) considered . A Proclamation expressing support for the American Cancer Society's Relay For Life was COUNCIL MEMBER ~ND IT WAS SECONDED, TO APPROVE A PROCLAMATION EXPRESSING SUPPORT FOR THE AMERICAN CANCER SOCIETY'S RELAY FOR LIFE. Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None 9 . Consent Agenda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading. (b) Approval of Ordinances on Second Reading There were no items s~ second reading. COUNCIL MEMBER ND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (c) (i) AND (ii). (c) Resolutions and Motions (i) Recommendation from the Englewood Water and Sewer Board to approve, by Motion, the Allen Water Filtration Plant Residuals Removal and Disposal Service Agreement. Staff recommends awarding the contract to the sole source, Waste Management, Inc., in the amount of $49,768 .00. (ii) Recommendation from the Utilities Department to approve , by Motion, an Initial Distribution System Evaluation model. Staff recommends awarding the bid for the study to the lowest acceptable bidder, MacTec, in the amount of $38,000 .00 . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin , Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None 10 . Public Hearing Items No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions (a)4.. Approval of Ordinances on First Reading ~ / 5~ U (i) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to approve a Bill for an Ordinance amending the education requirements for reflexologists to allow an applicant a license if they possess a valid certificate from a state recognized reflexology certification board . - Englewood City Council April 17, 2006 Page 3 COUNCIL MEMBER ~OVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 6. COUNCIL BILL NO . 6, INTRODUCED BY COUNCIL MEMBER ~ A BILL FOR AN ORDINANCE--------- Vote results: Ayes: Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None Motion carried . • (ii) OK.ectnr FgAEle i,resei:ite~recommendation from the Utilities Department to adopt a i for an inance approving an lntergovern:;!'~al ~~~,;i .. e~} for reimbursement of an over harge to outhgate Sanitation District property ownersvv ~ ~ ~ • NDA ITEM 11 (a) (b) Approval of Ordinances on Second Reading There were no items submitted for approval on second reading . (c) Resolutions and Motions (i) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to approve a Resolution authorizing a supplemental appropriation to the 2005 Year End Budget for various General Fund departments . COUNCIL MEMBER ~~D, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i)-RESOLUTION N~fflUYI; RESOLUTION NO . ii , SERIES OF 2006 A RESOLUTION ---------- Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None (ii) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to approve a Resolution authorizing a supplemental appropriation to the 2006 Budget for the Finance and Administrative Services Department. Englewood City Council April 17, 2006 Page 4 COUNCIL MEMBER ~D IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) -RESOLUTION NO. ~ RESOLUTION NO. ~. SERIES OF 2006 A RESOLUTION---------- Vote results : Motion carried . Ayes : Nays :. Council Members Barrentine , Mccaslin , Moore , Wolosyn, Woodward , Tomasso, Oakley None (iii) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to approve a Resolution authorizing a supplemental appropriation to the 2006 Budget for Safety Services, Fire Division to upgrade the LifePak 12 diagnostic equipment. COUNCIL MEMBER~ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 {c) {iii) -RESOLUTION~- RESOLUTION NO. t./3 , SERIES OF 2006 A RESOLUTION---------- Vote results : Motion carried . Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None 12 . General Discussion (a) Mayor's Choice l))Mayor Wolosyn ~ t,e..,e e11y 11,ette,s to brnig before Councll. Englewood City Council April 17, 2006 Pages 15 . Adjournment /?:f>"? (f? - MAYOR WOLOSYN MOVED TO ADJOURN. The meeting adjourned at cg:;..,?· Deputy City Clerk