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Home My WebLink About2006-11-20 (Regular) Meeting Agenda Packet-----·----- Regular City Council Meeting November 20 , 2006 Ordinance#~~ 46 , 47, 48, 49, 50, 51 , 52, 53 Resolution# 85, 86 , 87, 88 , 89, 90, 91 , 92, 93 i II • I ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session November 20, 2006 1 . Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7 :34 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: 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 City Clerk Ellis Deputy City Clerk Bush Director Olson , Safety Services Director Fonda, Utilities Senior Planner Graham, Commun ity Development Administration Manager Bock, Utilities 5 . Consideration of Minutes of Previous Session (a) COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED , TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 6, 2006. 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 6 . Recognition of Scheduled Public Comment (a) Calendar : City Council recognized the student artists whose artwork is included in the 2007 Englewood Mayor Wolosyn said tonight we're honoring students whose artwork is featured in the 2007 Englewood Calendar. Each year, the City holds an art contest that is open to all students who live or go to school in Englewood . This Englewood City Council November 20, 2006 Page 2 year, 17 pieces were chosen for the calendar . Sometimes we put more than one piece of art on one month . I want to thank the art teachers ... one of whom I see here ... Kate Dulaney of Maddox and Bishop . I also see Karen Miller , President of the School Board . Thank you for coming tonight. I want to thank all the parents for their support of these talented artists. I had the pleasure of serving on the Selection Panel, along with Mayor Pro Tern Jim Woodward, City Council Member Ray Tomasso, Eric Bertoluzzi , Chair of the Cultural Arts Commission, members of Cultural Arts Commission : Heather Bartunek, Janet Moore; and Donna Schnitzer, Rachel Miller and Tim Vacca from the Museum of Outdoor Arts and Kimberly Wendt, Manager of Jerry's Artarama . I'd also like to thank our generous sponsors: Englewood Arts, Jerry's Artarama, L & M Pressworks, A & B Custom Framing, Museum of Outdoor Arts, who every year gives the reception, Englewood Cultural Arts Commission, Pirates Cove, Metro Community Provider Network, Millennium Bank, Greater Englewood Chamber of Commerce , Mile High Coffee and Cornerstone Books . We're returning artists' artwork this evening -matted and framed . Artists will also receive a gift card, compliments of Jerry's Artarama , Englewood's new art supply store, located at 3473 South Broadway; a free pass to Pirates Cove that you can use next summer; and a classical music CD, compliments of Up Close & Musical. Mayor Pro Tern Jim Woodward and Council Member Ray Tomasso will help me with the presentation . I'd like each artist to come forward as your name is called . Please gather after the recognition for a group photograph with your artwork in the lobby outside Council Chambers . Council Member Woodward said the 2007 Calendar artists are : Sydney Hyde , a 4th Grader at Maddox Elementary School. Sydney's artwork 'Thick, Thorny Tree" appears on the Cover . Jamie Stewart, a 4th Grader at Maddox Elementary School. Jamie 's artwork, Skinny, Stubby Sapling also appears on the cover . Clara Gomez, another 4th Grader at Maddox Elementary. Clara 's artwork , "Sp ikey Tree" also appears on the cover of the 2007 calendar . Sheala Morrison , a senior at Colorado's Finest Alternative High School. Sheala's artwork appears in January. We have two artists featured in February : Leah Crane, a 2nd Grader at Maddox Elementary School. Leah 's artwork is entitled "Q is for Queen" and Issac Resinos , also a 2nd Grader at Maddox Elementary School. Issac's artwork is called "K is for King ." We also have two artists in March : Edwing Barroso, a 1 st Grader at Bishop Elementary School. Edwing 's artwork is entitled "Fi tter Fetter Feff' and Macaylla Nielsen, also a 1st Grader at Bishop Elementary . Her artwork is also called "Fitter Fetter Fett." These p ieces were part of a Dr . Seuss project at Bishop , and they appear in Dr. Seuss's birthday month . Next is Annessa DeAndrea , a Kindergartner at Charles Hay Elementary School. Her artwork , entitled "Two Bunnies," appears in April. Kaylie Johnson , a 5th Grader at Bishop Elementary School. Kaylie's artwork , entitled "Matisse Window Painting" appears in May. Anna Schultz, a 5th Grader at Cherrelyn Elementary. Anna's artwork , "Hula Monkey," appears in June . Jackson Matthews , a 3•d Grader at Cherrelyn Elementary School. Jackson's artwork, "Explorer Ill ," appears in July . Destiny Hernandez. a 1 st Grader at Maddox Elementary School. Destiny's artwork , "Z is for Zebra ," appears in August. Rylee-Ann Forster, a 3•d Grader at Charles Hay Elementary School. Rylee-Ann 's artwork , "Dancing G iraffe ," appears in September. Englewood City Council November 20, 2006 Page 3 Anton io Flamenco , a senior at Englewood High School. Antonio's artwork , "The Faces that a Pumpk in Makes", appears in October. Coincidentally , Antonio 's brother Luis was featured in October in the 2006 calendar . Alandra DeAndrea , a 3 rd Grader at Charles Hay Elementary. Here 's another talented family . Alandra 's sister Annessa was recogn ized earlier. Alandra's artwork , "Rainbow Clown ," is featured in November. Sophia Vamvakias , a 3rd Grader at Cherrelyn Elementary . Soph ia 's artwork , "Cat ," is featured in December . Council Member Woodward said congratulations to our artists . Thanks for coming this even ing to help us recogn ize these talented artists . Let's give them another round of applause . Calendars are available on the table in the back of the room. And just a reminder , there will be a group photograph in the lobby outside Counc il Chambers . Mayor Wolosyn said thank you all for coming . The calendar is fabulous , so spread it around town . Mayor Wolosyn said thanks Jim and Ray . 7 . Recognition of Unscheduled Public Comment T here were no unscheduled visitors . 8 . Communications, Proclamations and Appointments T here were no communications , proclamations or appo intments . 9 . Consent Agenda COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (i), 9 (b) (i) and (ii). (a) Approval of Ord inances on First Read ing (i) COUNCIL BILL NO. 49 , INTRODUCED BY COUNCIL M EMB ER WOODWARD A BI LL FOR AN ORDINANC E APPROVING SUPPL EMENT NO . 3 7 TO TH E SOU T H ARAPAHOE SANITATION DI STRIC T CONNECTOR'S AGREEMENT FOR T HE INCLU SION OF LAND WI THI N T HE DIS T RICT BOUNDARIES . (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 44 , SERIES OF 2006 (COUNCIL BILL NO . 46 , INTRODUCED BY COU NCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO , ECONOMIC DEVELOPMENT COMMISSION FOR MARKETING AND ADMINISTRATIVE SUPPORT IN THE ENTERPRISE ZONE . (ii) ORDINANCE NO . 45 , SERIES OF 2006 (COUNCIL BILL NO . 48 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF TWO PERPETUAL CITY DITCH EASEMENTS AND RELEASE OF NOTICES ALONG THE CITY DITCH RIGHT-OF-WAY LOCATED AT 3034 SOUTH SHERMAN ANO 3066 SOUTH SHER MAN . Vote results : Ayes : Council Members Barrentine , Mccaslin, Moore , Wolo yn , Woodward , Englewood City Council November 20, 2006 Page4 Tomasso, Oakley Nays : None Motion carried . (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 11 (c).) 10 . Public Hearing Items No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Director Fonda presented a recommendation from the Utilities Department to adopt a bill for an ordinance modifying portions of the Water Utility and Sewer Utility Sections of the City Code. He said this was recommended to the Council by the Water and Sewer Board . It is a number of housekeeping items and areas where we are simply bringing the Code up to date with the practices that are currently going on and many of the practices we are already doing ... so some of it is clarification . The first issue is when we have a leak in someone 's plumbing and they repair it and we find it, we would go back and give them credits for 50% of the loss of water over normal consumption . The second item has to do with our new computer system, which calculates daily averages and figures winter time water usage on a bill , rather than monthly ... so we need to change the Code to recognize that. The third item relates to winter time reading calculations for multiple meters . If you have multiple meters on a property, this allows them to be counted as if they were one meter. That helps them when the rate blocks decline . It also specifies that the schools can do it , even though they aren 't on one property ... they get that break . The next one is that we give the schools a 76% normal rate of billing, based on the fact that they are closed in the summer ... but we think, with some of them going to summer school , that we would requ ire that they indicate they actually have a nine month status, to receive the discount. The next one would allow the City Manager or his representative to allow partial payments to be arranged, which we do as a matter of course anyway , for people who need that. And last, as a clarification , we have never repaired service lines for commercial properties , although we do , under certain circumstances, in the right-of-way, do it for homeowners. Council Member Woodward said I just need a li ttle clarification . On 12-2-1 and 12 -2-3 ... based on what I read here , I believe this is basically saying th is could result in lower charges to these people , that may have th is type of problem with our winter wat er meter reading per iod . Director Fonda said it expands the timeframe that we will consider it and we will take the lowest, falling within that timeframe . One group is always in the middle of winter , but two of the groups, because of their billing cycles, are on either side ... so it allows us to take the lowest of either side . We 're after the winter time water usage, that doesn't have irrigation with it. .. as the basis for billing what goes to the sewage plant. Counc il Member Woodward said , so then in fact, it would probably result in a lower charge for these people . Director Fonda said it could, yes . And we want the lowest charge over the winter period . Mr . Woodward said I just want to make sure that we are not in some way raising prices here without saying it. And the daily usage is the average ... right? Mr . Fonda said yes . We calculate a single day average for the 90 day billing period . rather than a monthly average . Mr. Woodward said that's all I have . 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 (a) (I) -COUNCIL BILL NO . 47 . COUN CIL BILL NO . 47 , INTRODUCED BY COUNCIL MEMBER WOODWARD Englewood City Council November 20, 2006 Page 5 A BILL FOR AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, SECTION D; CHAPTER 1 A, SECTION 8; AND CHAPTER 2, SECTIONS 1 AND 3 , OF THE ENGLEWOOD MUNICIPAL CODE 2000 . Vote results: Motion carried. Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None (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) Senior Planner Graham presented a recommendation by the Community Development Department to approve, by motion, the award of the Mary Carter Greenway public improvement construction contract. Staff recommends awarding the contract to the lowest qualified bidder, Sabelle's Enterprises, in the amount of $229,749 .00 . He said this project implements one component of the South Platte Open Space Plan. making trail connections from Denver down to Sheridan ... Denver north of Dartmouth, down to Sheridan, just north of the Hamilton Bridge . This is one of the three Open Space Projects that Arapahoe County has granted funds to Englewood to implement. In addition to that, South Suburban has posted the match money on this project, but requires us to hold what was originally our match money as a backstop in case there are cost over - runs on the project. But , if we are successful at building the project for the $229 ,749 .00 that Sabelle's bid then that should allow us to recycle that $125,000 .00 into the Open Space Fund. There were three bidders on the project. Sabelle's has also built most of the crusher fines trail from Chatfield north , up to Englewood . So , they are an experienced contractor . The letter in the file from ASCG, recommends them as both qualified and the lowest bidder . So we look forward to a Council motion to support this award of the contract. Mayor Wolosyn asked if there were any questions . There were none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -AWARDING THE MARY CARTER GREENWAY PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT TO SABELLE'S ENTERPRISES, IN THE AMOUNT OF $229,749.00. Mayor Wolosyn asked if there was any discussion . There was none . Vote results : Motion carr ied . Ayes : Council Members Barrentine, Mccaslin, Moore , Wolosyn, Wood ward, Tomasso, Oakley Nays : None Mayor W olos yn sai d th ank you Mark . 12 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn said I have to say that I have to thank Leigh Ann for the calendar . Every year she undertakes it, it is a tremendous amount of work , right down to the detailing . She puts it toge ther, she does the layout that goes to the printer and she does a fine job every year , both with the technical stuff and as a liaison to the community and we owe her a lot . I'm sorry I didn't say it when everyone was here . Englewood City Council November 20, 2006 Page 6 (ii) Mayor Wolosyn said she hopes everyone on Counc il and staff has a Happy Thanksgiving . (b) Council Members' Choice (i) Council Member Barrentine: 1. She said she also wanted to thank Leigh Ann. She does an awful lot of work on this. And I want to congratulate all of these young students for the excellent job they did . They were all very creative . 2 . She said she wanted to wish everyone a Happy Thanksgiving. (ii) Council Member Mccaslin said he wanted to wish everyone a Happy Thanksgiving . (iii) Council Member Oakley said I attended a seminar this week ent itled "Deploying Citywide Wi-Fi Networks : A Seminar for Municipalities" and it was quite enlightening, of course it was put on by SkyPilot Networks who is out to sell systems, but nevertheless they had some good speakers there . As we go forward , as I think we are going to in the future ... I have a couple of packets and I think some of the information will be valuable to us . Mayor Wolosyn said thank you Wayne, that is fabulous . (iv) Council Member Tomasso said I want to wish everyone a happy and safe Thanksgiving . (v) Council Member Woodward : 1. He said I would like to mention the lights out on Englewood Parkway and in the piazza . They are beautiful. 2. He said this memo from Commander Sam Watson , dated Thursday , November 16th, regarding the Enhanced Call Verification . Audible alarms being reduced from 776 to 517 ... 1 think that is quite an accompl ishment and should reflect in some real savings . So , it is interest ing that Sam put this together ... ! was go ing to make th is a Counc il request ton ight for this informa ti on . Mayor Wo losyn said I want to thank Safety Serv ices again for work ing with us to get someth ing that is so effecti ve . Thanks . 3. He sai d I want to wish everyon e a Happy T ha nksgiving . 13 . City M anager's Re port (a) City Manager Sears said I want to wish everyone a Happy Thanksgiving . I will be on my way to Chicago to see my son and daughter-in-law tomorrow night. Mike will be around on Wednesday, in case there is anything anybody should want. Have a great holiday . 14 . C ity Attorney's Report (a) City Attorney Brotzman said I want to wish everybody a Happy Thanksgiving . ••••• Council Member Oakley said when Jim mentioned the lights out front ... l too think it is a very nice display .. however , I did notice last year that with the festivities around the tree and all the pretty lights that there was this black thing , sitting 1n the background ... and it is our City Hall . I think our building is a very attractive building and 1f w could add Just a few inexpensive light on th front , 1t would help lend to th decor. We might w nt to cons1d r th t Ju t f w of thos that shine up the front or om thing like that Englewood City Council November 20, 2006 Page 7 Mayor Wolosyn said I think the first year we did have something like that. That's a good point. 15. Adjournment LOSY~ MO~E°J. ~~URN. The meeting adjourned at 8 :00 p .m . ·I AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, November 20, 2006 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. r;:!;tj ~ 2. Invocation. ~ 3. Pledge of Allegiance . ~ 4 . Roll Call. rJ1f '7 ~ 5. Con siderat io n of Minutes of Pr evio us Ses sio n. UfP/'7-0a , Minutes from the Regular City Council m eeting of Nov ember 6, 2006~ 6 . Recognition of Scheduled Publi c Comment. (Pl ease limit y our presentation to ten minutes.) a. City Council w ill re c ogni z e the stud ent artis ts w hose artwork is included in the 2 007 Engl ewood Calendar: • Cl ar a G o m ez, a Fo urth G rad er at Mad d ox Elementa ry Sc ho o l. • Sy dn ey H y d e, a Fo urt h Grader at Madd ox Elem enta ry Sc hool • Jamie Stewart a Fourth Grader at Maddox Elemen tary School • Sheala Morrison, a Senior at Colorado's Finest Alternative High School • Leah Crane, a Second Grader at Maddox Elementary School • Issac Resinos , a Second Grader at Maddo Elementary School • Edwing Barroso, a First Grader at Bishop Elementary School • Macaylla Nielsen , a First Grader at Bishop Elemen tary School • Annessa DeAndrea, a Kind rgartn rat Charles Hay Elementary School • Kaylie Johnson , a Fifth Grader at Bi hop Elementary School • Anna Schultz , a Fifth Grad r t Ch rr I n Elementary School • I ckson Matthew , a Third Gr d r t Ch rrel n El mentary School • De tin H rn ndez, Fir t Gr d r t Maddo El m nt ry School • R lee-Ann Fo r t r, Th ird G r d r t h rl Ha El m nt ry chool Englewood City Council Agenda November 20 , 2006 Page 2 • Antonio Flamenco, a Senior at Englewood High School • Alandra DeAndrea, a Third Grader at Charles Hay Elementary School • Sophia Vamvakias , a Third Grader at Charles Hay Elementary School 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time for unscheduled public comment may be limited to 45 minutes and if limited shall be continued to General Discussion.) 1Y 8. Communications, Proclamations, and Appointments . g 9 · ~SA1l#Jd._ $t CIJJ~if #~Mir 1ru~ .. 0/Jfd 7--0 a. Approval of Ordinances on First Rea~ tJ(l)~ '1 (J-i Y-I I i. Council Bill No. 49 -Recommendation from the Water and Sewer Board and the Ot1hty Department to adopt a Bill for an Ordinance approving Supplement #37 to the South Arapahoe Sanitation District Connector's Agreement. STAFF SOURCE: Stewart H. Fonda, Director of Utilities . b . Approval of Ordinances on Second Reading. C. i. Council Bill No. 46 , accepting a $1 2,500 grant from the State of Colorado Economi c Dev elopment Commission . ii. Council Bill No. 48, approving Grants of Easement and Release of Notices for 3 066 and 3034 South Sherman Stre et. Reso lutions and Motions. 10 . No Public Hearing Scheduled . ff 11 . Ordinan ces, Resolutions and Motions. a. Approval of Ordinances on First Reading. i. Council Bill No. 47 -Recommendation from the Utilities Department to adopt a Bill for an Ordinance modifying portions of the Water Utility and Sewer Utility Sections of the City Code. STA FF SOURCE : Stewart H. Fonda , Director of Utiliti es.~ b. Approval o f Ordinan ces o n Seco nd Reading. ff Englewood City Council Agenda November 20, 2006 Page 3 c. Resolutions and Motions. i. Recommendation by the Community Development Department to approve, by Motion, the award of the Mary Carter Greenway public improvement construction contract. Staff recommends awarding the contract to the lowest qualified bidder, Sabelle's Enterprises, in the amount of $229,749. STAFF SOURCE: Mark Graham, Senior Planner.~ 12 . General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. 15. Adjournment g:oo~ 'I AGENDA FOR THE REGULAR MEETING OF ·- THE ENGLEWOOD CllY COUNCIL Monday, November 20, 2006 7:30 p.m. Englewood Civic Center -Council Chambers 1 000 Englewood Parkway Englewood, CO 80110 1. Call to order. fl:Jtj. ~ 2. Invocation. ~ · 3. Pledge of Allegiance . ~ 4. Roll Call. fJU '7 ~ 5. Consideration of Minutes of Previous Session. UfJP/1-0a. Minutes from the Regular City Council meeting of November 6, 2006~ 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes .) a. City Council will recognize the student artists whose artwork is included in the 2007 Englewood Calendar: • Clara Gomez, a Fourth Grader at Maddox Elementary School. • Sydney Hyde, a Fourth Grader at Maddox Elementary School • Jamie Stewart a Fourth Grader at Maddox Elementary School • Sheala Morrison, a Senior at Colorado 's Finest Alternative High School • Leah Crane , a Second Grader at Maddox Elementary School • Issac Resinos , a Second Grader at Maddox Elementary School • Edwing Barroso, a First Grader at Bishop Elementary School • Macaylla Nielsen, a First Grader at Bishop Elementary School • Annessa DeAndrea, a Kindergartner at Charles Hay Elementary School • Kaylie Johnson, a Fifth Grader at Bishop Elementary School • Anna Schultz, a Fifth Grader at Cherrelyn Elementary School • Jackson Matthews, a Third Grader at Cherrelyn Elementary School • Destiny Hernandez, a First Grader at Maddox Elementary School • Rylee-Ann Forster, a Third Grader at Charles Hay Elementary School Englewood City Council Agenda November 20, 2006 Page 2 • Antonio Flamenco, a Senior at Englewood High School • Alandra DeAndrea, a Third Grader at Charles Hay Elementary School • Sophia Vamvakias, a Third Grader at Charles Hay Elementary School 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time for unscheduled public comment may be limited to 45 minutes and if limited shall be continued to General Discussion.) fr 8 . Communications, Proclamations, and Appointments. g 9 ' ~s~ ~ C/J)~ lrr1~J!ilr 1r~s .. ~td 7-0 a. Approval of Ordinances on First Re~ tf(l'"j~ '1/)'; Y-1 / i. Council Bill No. 49 -Recommendation from the Water and Sewer Board and the trt1hty Department to adopt a Bill for an Ordinance approving Supplement #37 to the South Arapahoe Sanitation District Connector's Agreement. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. b. Approval of Ordinances on Second Reading. C. i. Council Bill No. 46, accepting a $1 2,500 grant from the State of Colorado Economic Development Commission . ii. Council Bill No. 48, approving Grants of Easement and Release of Notices for 3066 and 3034 South Sherman Street. Reso lution s and Motions. 10. No Public Hearing Scheduled. g 11 . Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. I, i. Council Bill No. 47 -Recommendation from t he Utilities Depart ment to adopt a Bill Tor an Ordinance modifying portions of the Water Utility and Sewer Utility Sections of the City Code. STAFF SOURCE : Stewart H. Fonda , Director of Utilities .~ b. Approval of Ordinances on Second Reading . ff Englewood City Council Agenda November 20, 2006 Page 3 c. Resolutions and Motions. i. Recommendation by the Community Development Department to approve, by Motion, the award of the Mary Carter Greenway public improvement construction contract. Staff recommends awarding the contract to the lowest qualified bidder, Sabelle's Enterprises, in the amount of $229,749. STAFF SOURCE: Mark Graham, Senior Planner.~ 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. 15. Adjournment. g;(JO~ Pleas note : If you have a disability and ne d (3 03-762·2 407 ) t least 48 hour In PLEASE PRINT NAME PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED VISITORS DATE: November 20, 2006 UNSCHEDULED VISITORS MAY SPEAK A MAXIMUM OF FIVE MINUTES ADDRESS TOPIC NAME ADDRESS TOPIC II ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session t- \:iaL r¢ November 6, 2006 1. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7 :32 p.m. 2 . Invocation The invocation was given by Council Member Barrentine . 3. Pledge of Alleglance The Pledge of Allegiance was led by Mayor Wolosyn . 4 . Roll Call Present: Absent: A quorum wa s 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 Long , Library Economic Development Coordinator Hollingsworth, Community Development Director Gryglewicz, Finance and Administrative Services Operations Superintendent McCormick , Utilities Police Commander Watson , Safety Services Fire Division Operations Chief Pattarozzi , Safety Services 5 . Consideration of Minutes of Previous Session (a) COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 16, 2006. M yor Wolosyn asked if there was any discussion . There was none . Vote results : Aye : Nay : Abstain : M t,on c rn d Council Members Barrentine , Mccasl in, Moore , Wolosyn, Woodward , Tomasso None Council Member Oakley Recognition of Scheduled Public Comment Rh a Dodd , a resident of Morris on , aid I am a veterinary behavior consultant, practic ing in A r pons1b e Council memb r , you want and , indeed , need to k p Englewood safe . To attract a:. Q Englewood City Council November 6, 2006 Page 2 commerce and homeowners, citizens need to know that they can enjoy walking the streets in peace. Part of providing this protection involves animal control. We simply can 't have dangerous dogs at large. But what is a dangerous dog? A dangerous dog is one that causes bodily harm to people or other animals. Are pit bull breeds more prone to such aggression? The evidence would say no . They are dogs , plain and simple . Just as in any other population of dogs, a minority are dangerous . The vast majority kept as pets are friendly companions . A just law , regarding dangerous dogs , must address behavior of a particular animal and not prejudicial stereotype . People who don't know these breeds might wonder why anyone would have a pit bull. They have been vilified in sensationalistic media reports and portrayed as demonic , easily provoked and likely to turn at any minute . In my 14 years in veterinary practice , this simply has not been my experience . I would like to take a few moments to address the many myths surrounding pit bull breeds and the facts regarding dangerous dogs. Myth : Pit bulls are a danger to citizens and postal carriers . Fact: Dogs that run at-large , especially multiple dogs running together, can be dangerous . We need to provide animal control with the necessary resources to keep these dogs contained . This is true regardless of breed . Myth : Pit bulls have stronger bites than other breeds . Fact: Large dogs do more damage . An aggress ive pit bull is a problem , just as an aggressive Saint Bernard or Great Dane is a problem. The size of a dog determines bite-pressure . Myth : Pit bulls have locking jaws . Fact: As a veterinarian , I can assure you that they have normal jaws, just like any other dog . Myth : Only drug dealers and other undesirables would own a pit bull . Fact: As a behaviorist , I can tell you that there are many gentle pit bulls that are stable , happy , well -socialized family pets . Council members are right to be concerned about guard dogs and dog fighting . Laws can be crafted that address these dangerous animals , but spare otherwise innocent members of the same breed. Myth : Towns without Breed Specific Legislat ion become dumping grounds for pit bulls from surrounding communities. Fact: People are not dumping their pets . Pit bull owners are simply trying to live normal lives, just as golden retriever owners or lab owners do. They are moving to towns with fair , rational laws , because this is their best housing option . The only dumping I have seen is at area shelters, where otherw ise happy , healthy dogs have been surrendered for euthanasia , because people cannot afford to comply with BSL restrictions . Th is practice wastes animal contro l resources , that could be better spent addressing real problems . To personalize the issue , I want to introduce you to a couple of my pit bull patients , so you can understand why I am devoted to this issue . I hope you can trust me when I say that these are typical pit bulls . A far cry from the mythical image the media has c reated . It is essential that as Council members you understand that sanctions , including death, placed upon gentle , well - loved pets in unconscionable . You have a choice to make ; you can make a reactionary law based on fear , or you can rationally address the facts in order to keep Englewood safe for all c itizens . (Or . Dodd passed out pictures of the pit bulls as she spoke about them .) She said the first dog that I would like you to see is Moses . In one of them , he is dressed in his holiday finery . You can see from the picture that Moses has eye damage and fac ial paralys is on the right s ide of his face . He was brought to an emergency hospital as a four month old puppy , by the housemate of a man who beat him into a state of unconsciousness . The left side of h is face is permanently pa r alyzed from the beating . He also had hea li ng r ib fractures , as well as fresh rib fractures , wh ich were d iscovered by the emergency vets . Instead of becom ing v icious , he is gentle and trust ing , with a goofy pl ayfu l nature . He is so gentle ; I would let h im play with my c hildren . He now lives happ ily w ith two ot her pi t bulls rescued by the same owner . Fortunately , his former owner got seventeen month s in prison for felony animal cruelty . The next dog I would like to introduce you to is Crockett. She said Crockett's mother is half pit bull and half wh ippet and his father is Australian Shepherd . CrOl:~Gtt had his tail amputated with rose pruners , when he was just one day old . He was soon after rescued by my cl ient , along w ith his mother Da isy . He was a gentleman , always appropriate , well tra veled and well loved . She said I treated him for many months fo r his arthritis and he was al ways a day brig hten er, coming in w ith a smile o n h is face . W hen his owner first moved to Denver , she reg istered him as a pi t b ull cross . The next day animal contro l visi ted, preparing to impound the dog for euthanas ia . Due to his gent le loo k and nature , he was given a pass . While I am delighted th is gentleman of a dog was not killed , the fact that he could pass , despite known pit bull descent , is un j ust. If he had a larger head , would he have been exterminated ? Th is is simply capric ious . Denver 's Breed Spec ifi c Leg islat ion has no provisions exempting dogs for good behavior . These are good dogs , w ith good fam ilies that love them very mu ch . Please choose to protect them and others like them from harm . Please c hoos e not to inflic t un do vi ol ence aga inst ma n's best fr iend . Thank you for yo ur time . Council Member Moore sa id may I ask for a po int of cla rifica tio n? He sa id I don 't normall y a sk a t this time, but I w ill take advan tage of your exp ertise . You stated ... l could probably look it up in you r spee c h ... th at the weig ht or size of the dog is wha t matt ers . He as ked wh at is th e ave ra ge wei ght of a pit bu ll ? Dr . Dodd re p lied that it depends on the individual dog . In pi t bulls , it is imp ortant to know that the re are several differen t breeds that are considered pit bull type dogs . So , it depends which of those you are speaking about. On average , I would say , Englewood City Council November 6, 2006 Page 3 about 55 pounds . Mr . Moore asked what is another 55 pound dog that comes to mind? Dr . Dodd replied Australian Shepherd ... Lab, although that is probably heavier. Mr . Moore said okay that is good and are you really asserting that those dogs are equivalent in the damage that they can do? Dr . Dodd replied it is not my assertion, but the finding of a large study done by the Center for Disease Control that determined that the size of the dog, determines the damage that that dog can do . So, Saint Bernard's have killed ... Great Danes have killed ... Mr . Moore stated that was not what I had asked. He said you have two 55 pound dogs ... all of the other things that you have raised makes sense, but to say that there is not a difference, I just can't grasp that for the 55 pounds of dog, the muscle in the jaw region, the muscle in the head, exceeds that of other breeds of the same weight. Dr . Dodd said not necessarily . It depends upon the individual dog and it depends if that dog is aggressive or not. The damage any dog is going to do ... Mr. Moore asked why are they popular for fighting? I am beyond ... I will work with you after this ... just when you present myth and fact and ignore what seems to be an obvious capability, it doesn't make sense , so if it is my ignorance ... l'm trying to understand it, but that just flies in the face of obvious . All of the other issues aside, to say it is just the size of the dog that makes a difference and therefore an 80 pound dog is more dangerous ... Dr . Dodd stated that this is a conclusion that was drawn by a panel of scientists from the Center for Disease Control, a national group of scientists, that looked at data. Mr. Moore responded that I'm questioning ... statistics are beautiful in that you can make them say anything . That is why I was curious about your professional opinion. I visibly think that when I look at a pit bull, I can see more muscle in the jaw region and I don 't understand how that could be irrelevant to the dog's ability. And I need to get over that, to appreciate these counter arguments . But, I will talk to you outside of this . I just wanted to see if there was a clear answer for that. Dr . Dodd stated that it is important to recognize too that not every pit bull has a huge head or huge jaw. There is a great deal of phenotypic variations and that my main point is that it should be behavior specific legislation and not just breed . Mr. Moore said I understand that , but I don't like the complete dismissal of obvious differences , which is part of the problem in a lot of the material that we get on this is it downplays ... some of the stats ignore and try to play down obvious physical capabilities . I am trying to get through all of that. I just needed that clarification . We have lots more discussion on this to go and this is part of the research that I am doing on my own , as well as probably every other Council member. So, thank you . {b) Sue Goodin said I am with the Progressive Health Center, which is located on the Swedish campus . Our address is 701 East Hampden, Suite 225 . With her was Mary Collins who said I am the nurse and nutritionist at the Center. Ms . Goodin said we just want to address Council as we are a new business in Englewood . We are a non -profit. We have partnered with Swedish Medical Center and Craig Hospital to provide services to people that are looking for complementary and holistic therapies; that are suffering from neurological disease, oncology, gastro-intestinal imbalances with hormones and people who are looking for help that are facing chronic conditions. We have been researching this project for the last year and half and we are finally opening on December 4 , 2006 . We just wanted to come and tell you all about our new program and hopefully get the support we can get from the City of Englewood . Ms. Goodin said I have more materials if you all are interested . Mayor Wolosyn directed her to leave the materials with the City Clerk . Mayor Wolosyn said thank you and welcome . {c) Nathan Elinoff, a business owner in Englewood, said thanks for giving me the chance to speak tonight. As you know , my personal friend, the President of the United States , came to Mile High Coffee shop the other day. We didn 't get a chance to talk very much ; mainly because I'm busy , but next time he will do it at Funtastic , because I know he likes cotton candy . He said that was funny . [There was laughter.) I have two rental homes that are completely falling apart and they are a terrible eyesore on South Acoma . I am trying to find a way to tear them down and make a parking lot. I collect $650 .00 for the large one, wh ich is 1200 square feet and $550 .00 for the small one, which is only 600 square feet, the size of this box right here. And so, because of that, the type of clientele that these rental units attract are very low income, or just basic troublemakers , who don 't pay their rent or utilities , they damage the property, and although I don't allow any dogs on the property , they seem to disobey the lease and I seem to call Larry Medina a lot. The vicious dogs that are on the property disturb the neighbors and scare my customers . Frankly, I don't blame the neighbors . They have a nght to complain . I've looked to investing $50 ,000 .00 more per house to improve them ; however they will be over improved and no one is going to pay $1200 .00 or $1500 .00 for 600 square feet or 1200 square feet. So , I have a deal here . I would forg ive $14 ,000 .00 a year in rental income, every year , from these two hou es , 1f I don 't have to deal with these problems . I would like the C ity to hire a consultant or appraiser of your cho1c and at my exp n e , to prov that if th City wou ld tear down these homes and repave the area into a Englewood City Council November 6, 2006 Page4 nice parking lot , with trees and proper landscaping , similar to the Kaiser Permanente building, that my property would not increase in value whatsoever ... only that I would lose $14,000 .00 per year in rental income. The neighborhood would benefit greatly from this transformation . There wouldn't be any more crime, any more drugs or bad tenants and the problems would disappear. This would also help sell my property to a respectable developer in the very near future, which will generate sales tax revenue from the redevelopment , which is estimated to be $50 ,000 .00 a year. Presently , for the last 12 years , I haven 't collected it, so that's $600 ,000.00 that the City has lost in revenue . The City of Littleton did just this same thing for the Reinke Brothers on South Prince . Their parking lot was the same . It was an eyesore to the neighborhood . There were people parked there ... the litter ... the drugs ... and the City, basically, repaved it. It also allows other store owners to let their customers' park in the parking lot, which kept the public from spilling into the neighborhood streets, similar to my problems . So it is a win/win situation for everybody . I'm asking for the same consideration, because it would help clean up the neighborhood, stop the problems coming out of these rental units and help facilitate the sale and redevelopment of my existing site, without adding value to my property, whatsoever. Thank you . Mayor Wolosyn said thank you . She said that we don't usually discuss these things during this time, but if you stay around during Council's Choice , someone might bring it up . Mr. Elinoff asked how do I go about. .. Mayor Wolosyn said it's a short meeting and we'll be at that point of the meeting relatively soon . Mr. Elinoff said okay , is this the proper forum for me to bring this up? Mayor Wolosyn said yes , for you to present it and we may bring it up for future action during our Council Choice, at the end of this agenda . Mr. Elinoff said right and if I apply for the money, is there a step process that I go to? Mayor Wolosyn said you could stay here and listen to what we direct staff to do, whenever that time comes in the meeting, okay? She said usually this is the time where people present the issues to us and we don't usually engage in a dialogue . She said then if you stay here for maybe 15 minutes , I am sure that there will be some action taken on this . Mr . Elinoff said okay. Mayor Wolosyn said thank you . Council Member Barrentine said as you witne ssP.d , 1appens from time to time , and I wanted to ask one question . Did you provide a copy or could you pro 11 1oe a copy to the Clerk , for us , of what you just read off? Mr . Elinoff said sure. Do you want a copy of the parking lot, the redevelopment picture? Ms . Barrentine responded whatever it is that you are proposing and I was just wondering if you had presented it to somebody, so that we could get that information . She said I didn't remember everything that you said . 7. Recognition of Unscheduled Public Comment (a) Susan Flesher, a resident of Castle Rock, said I appreciate Council 's time this evening and I am the Regional Real Estate Manager for Panda Restaurant group . As you may know , we just opened our latest store in the Colorado Front Range on Friday , at Broadway and Cornell in Englewood . I wanted to take a few minutes , because I talked to Bob and also Gary at our opening party, the night before , and wanted to let everyone know that I have been doing development in the Colorado front range , from Pueblo to Fort Collins, for about 25 years , and I have never, ever , had a staff that was so cooperative , and so willing to help and so clear in their direction . We set a record at Panda and probably for about any development that I have ever done . We started this process with Community Development in March and we opened that store on November 2nd . It is unheard of. And I wanted to take this opportun ity to let you know that from Community Development to Ut ilities to Building and Planning, Public Safety , Fire , everybody ... they could not have been more cooperat ive , cou ld not have been more willing to help . And when Englewood says that they are open for business, th is is one of the few cities that I have ever dealt with that truly means it. I thought that was important that you know that , publicly . Mayor Wolosyn said thank you . I have a panda bear for everyone , if the City Attorney tells me that it is appropriate . There was laughter. Mayor Wolosyn said thank you and welcome . 8 . Communications, Proclamations and Appointments There were no commun ications , proclamat ions or appointments . 9 . Consent Agenda Englewood City Council November 6, 2006 Page 5 COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (i), 9 (b) (i) and 9 (c) (i). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 48 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF TWO PERPETUAL CITY DITCH EASEMENTS AND RELEASE OF NOTICES ALONG THE CITY DITCH RIGHT-OF-WAY LOCATED AT 3034 SOUTH SHERMAN AND 3066 SOUTH SHERMAN . (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 38 , SERIES OF 2006 (COUNCIL BILL NO . 45 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE APPROVING AND AUTHORIZING AMENDMENT NUMBER ONE TO INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD, COLORADO RELATING TO THE CONDUCT OF QOMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PARTNERSHIP PROGRAMS FOR PROGRAM GRANT YEARS 2007 THROUGH 2009 . (c) Resolutions and Motions (i) RESOLUTION NO . 81 , SERIES OF 2006 A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE ANNUAL "WINTER FOOD FOR FINES" PROGRAM FROM MONDAY , NOVEMBER 27 , 2006 THROUGH SUNDAY , DECEMBER 10, 2006 . 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) Approval of Ordinances on First Reading (i) Economic Development Coordinator Hollingsworth presented a recommendation from the Community Development Department to adopt a bill for an ordinance accepting a $12 ,500 .00 grant from the State of Colorado -Economic Development Commission . He said the grant does require local match ing funds and we have those local dollars in our existing Community Development budget. For the last 11 years the Community Development Department has managed the Arapahoe County Enterprise Zone, which consists of the cities of Sheridan, Englewood and Littleton and to get some offset for the cost of administering and marketing this program , we have applied for and received State funding to assist us in doing so . The Enterprise Zone is a critical part of our business retention , business expansion and business attraction activities . We can point to numerous examples of businesses that take advantage of the Enterprise Zone and in the staff report there is a current status of the tax credits that are being claimed in Englewood . With that , we recommend approval of th is grant from the State of Colorado . I would be happy to answer any questions that you may have . Thank you . Mayor Wolosyn asked if there were any questions for M r. Holl ings worth . There were none . Englewood City Council November 6, 2006 Page 6 COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 46. COUNCIL BILL NO . 46 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO , ECONOMIC DEVELOPMENT COMMISSION FOR MARKETING AND ADMINISTRATIVE SUPPORT IN THE ENTERPRISE ZONE . Mayor Wolosyn asked if there were any questions . There were none . Vote results: Motion carried . Ayes: Council Members Barrentine , Mccaslin , Moore, Wolosyn , Woodward , Tomasso, Oakley Nays : None Mayor Wolosyn said thanks Darren . (b) Approval of Ordinances on Second Reading (i) Council Bill No . 40 , approving the 2006 Mill Levy for collection in 2007 was considered . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 11 (b) (i) -ORDINANCE NO. 39, SERIES OF 2006, WITH THE CORRECTION OF THE SPELLING OF TOMASSO. ORDINANCE NO . 39, SERIES OF 2006 (COUNCIL BILL NO . 40 , INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD , COLORADO . Vote results : Motion carried . considered . Ayes : Council Members Barrentine , Mccaslin , Moore, Wolosyn , Woodward , T omasso , Oa kley Nays : None (ii) Council Bill No . 41, adopting the 2007 Budget for the City of Englewood was COUNCIL MEMBER T OMASSO MOVED , AND IT WAS SECONDED , TO APPROVE AGENDA ITEMS 11 (b) (ii) -ORDINANCE NO . 40 , SERIES OF 2006 , WITH THE CORRECTION OF THE SPELLING OF TOMASSO . ORDI NA N CE NO . 40, SERIES OF 2006 (COU NC IL BILL NO . 41, INT R O DU CED BY COU NC IL ME M BER TOMASSO) AN ORDI N A N CE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 2007 . Mayor Wolosyn asked if there was any discussion . There was none . Vote results : Ayes : Council Members Barrent ine , Mccaslin , Moore, Wolosyn , Woodward , Tomasso , Oakley Nay : None ) Englewood City Council November 6, 2006 Page 7 Motion carried. (iii) Council Bill No. 42 , appropriating the 2007 Budget for the City of Englewood was considered . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 11 (b) (iii) -ORDINANCE NO. 41, SERIES OF 2006, WITH THE CORRECTION OF THE SPELLING OF TOMASSO. ORDINANCE NO . 41, SERIES OF 2006 (COUNCIL BILL NO. 42, INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007, AND ENDING DECEMBER 31, 2007 , CONSTITUTING WHAT IS TERMED T c ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2007 . 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 (iv ) Council Bill No . 43 , approving the 2007 Budget for the Littleton/Englewood Wastewater Treatment Plant was considered . COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 11 (b) (iv) -ORDINANCE NO . 42, SERIES OF 2006, WITH THE CORRECTION OF THE SPELLING OF TOMASSO . ORDINANCE NO . 42 , SERIES OF 2006 (COUNCIL BILL NO . 43 , INTRODUCED BY COUNCIL MEMBER TOMASSO) AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMEN T PLANT FOR THE FISCAL YEAR 2007 . Vote results : Motion carr ied . Ayes : Co uncil Mem be rs Barrentine, M ccasl in, Moore , Wolosy n, Woodward , Tomasso, Oakley Nays : None (v) Council Bill No . 44 , appropriating the 2007 Budget for the Littleton/Englewood Wastewater Treatment Plant was considered . COUNCIL M EMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEMS 11 (b ) (v ) -ORDINANCE NO . 43 , SERIES OF 2006 , WITH THE CORRECTION OF THE SPELLING OF TOMASSO . ORDINANCE NO . 43 , SERIES OF 2006 (COUNCIL BILL NO. 44 , INTRODUCED BY COU NCIL ME M BER TOMASSO ) AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 2007 , AND ENDING DECEMBER 31 , 2007 , CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL Y EA R 2 00 7 . Vote results : Englewood City Council November 6, 2006 Page 8 Ayes : Council Members Barrentine , Mccaslin, Moore , Wolosyn, Woodward, Tomasso, Oakley Nays : None Motion carried . (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 9 -Consent Agenda .) 12 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn said I would just like to bring everyone's attention to the fact that under Resolutions and Motions, under the Consent Agenda, we authorized the Winter Food for Fines Program . It is a great thing that we do every year and I commend the Library . The food that is gathered goes to Interfaith to give food to people in the community. (b) Council Members ' Choice (i) Council Member Barrentine : 1. She said I appreciate you guys coming out and opening your business , Progressive Health Center , here in Englewood. I also wanted to say thank you to Panda . They did a beautiful job on that building and I am glad that they are open . 2 . She said I am looking forward to getting more information ... what Nathan is proposing sounds interesting, but, unfortunately, let's have a little bit more information . I hope that we will get that so that I can kind of visualize exactly what you are talking about and what you are proposing. (ii) Council Member Mccaslin said I was at the Grand Opening of the Panda Express . It was a great night and a lot of people there , the food was good and the people that worked there were just wonderful. I had a good time . (iii) Council Member Tomasso : 1 . COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED , TO APPROVE RESOLUTION NO . 82, SERIES OF 2006 . RESOLUTION NO. 82 , SERIES OF 2006 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY MANAGER OF THE CITY OF ENGLEWOOD, COLORADO . Mayor Wolosyn asked if there was any discussion . There was none . Vote results : Mot ion carried . Ayes : Council Members Mccaslin , Moore, Wolosyn , Woodward , Tomasso , Oakley Nays : Council Member Barrent ine COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED, TO APPROVE RESOLUTION NO . 83, SERIES OF 2006 . RESOLUTION NO . 83 , SERIES OF 2006 Englewood City Council November 6, 2006 Page9 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY ATTORNEY OF THE CITY OF ENGLEWOOD , COLORADO Vote results: Motion carried. Ayes: Council Members Mccaslin , Moore, Wolosyn , Woodward , Tomasso, Oakley Nays : Council Member Barrentine COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 84, SERIES OF 2006. RESOLUTION NO . 84, SERIES OF 2006 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGE OF THE CITY OF ENGLEWOOD , COLORADO Vote results: Motion carried . Ayes : Council Members Mccaslin , Moore, Wolosyn , Woodward , Tomasso , Oakley Nays : Council Member Barrentine [Clerk's note : Resolution Nos . 82 , 83 and 84 were listed on the Agenda as Item numbers 12 (b) (i), (ii) and (iii).] Council Member Barrentine said since I am the only one voting against this ... I think I spent a great deal of time during our meeting going over what my objections to the process were and that is pretty much why I am voting against it. 2 . He said regarding Nathan's request, I would like to know what sort of value we are losing on the mill levies on the property tax based on the houses ... what the property tax would be based on vacant lots ... what the difference would be . (iv) Council Member Woodward said Interfaith Community Services has a call for donations of food ... non -perishable goods ... to prov ide Thanksgiving for less fortunate people in the community . They are having a harder time this year , because there are more people in need . So , anything that anybody can do to help them would be appreciated . 13 . City Manager's Report City Manager Sears did not have any matters to bring before Council. 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15 . Adjournment OLOSYN MOVED TO ADJOURN . The meeting adjourned at 8 :04 p .m . ,( - Student Artist Recognition 2007 Calendar November 20, 2006 OLGA: • Good evening and welcome . • Tonight we're honoring students whose artwork is featured in the 2007 Englewood Calendar . • Each year, the City holds an art contest that is open to all students who live or go to school in Englewood . • This year, 17 pieces were chosen for the calendar . • Thanks to the art teachers and parents for their support of these talented artists . • I had the pleasure of serving on the Selection Panel, along with: • Mayor Pro Tern Jim Woodward • City Council Member Ray Tomasso • Eric Bertoluzzi, Chair of the Cultural Arts Commission • Members of Cultural Arts Commission: o Heather Bartunek o Janet Moore; and o Donna Schnitzer • Rachel Miller and Tim Vacca from the Museum of Outdoor Arts • And Kimberly Wendt, Manager of Jerry's Artarama • I'd also like to thank our generous sponsors: o Englewood Arts o Jerry's Artarama o L & M Pressworks o A & B Custom Framing o Museum of Outdoor Arts o Englewood Cultural Arts Commission o Pirates Cove o Metro Community Provider Network o Millennium Bank o Greater Englewood Chamber of Commerce o Mile High Coffee o Cornerstone Books • We're returning artists' artwork this evening -matted and framed . . Artists will also receive: o a gift card, compliments of Jerry's Artarama -Englewood's new art supply store, located at 3473 S. Broadway; o a free pass to Pirates Cove that you can use next summer; and o a classical music CD compliments of Up Close & Musical • Mayor Pro Tern Jim Woodward and Council Memb er Ray Tomasso w ill h e lp me with the presentation . . I'd like each artist to come forward as your name is called . • Please gather after the recognition for a group photograph with your artwork in the lobby outside Council Chambers. JIM: • And the 2007 Calendar artists are ... . Sydney Hyde, a 4th Grader at Maddox Elementary School. Sydney 's artwork "Thick, Thorny Tree" appears on the Cover . • Jamie Stewart, a 4th Grader at Maddox Elementary School. Jamie 's artwork , Skinny, Stubby Sapling also appears on the cover . . Clara Gomez, another 4th Grader at Maddox Elementary. Clara 's artwork , "Spikey Tree" also appears on the cover of the 2007 calendar . • Sheala [SHAY-LA) Morrison, a senior at Colorado's Finest Alternative High School. Sheala 's artwork appears in January . • We have two artists featured in February (CALL THEM UP INDIVIDUALLY): • First, Leah (LEE-UH) Crane, a 2nd Grader at Maddox Elementary School. Leah 's artwork is entitled "Q is for Queen." • Next, Issac (EE-SOCK) Resinos , also a 2 nd Grader at Maddox Ele me ntary Sc hool. Iss a c's artw ork is c alled "K is for King ." • We a lso have two artists in March : • Firs t, Edwing Barroso , a I st G rad er at Bis ho p Ele me nt ary Sc h ool. d wi n g's artw ork is en t itled "Fiffer Feffer Feff." • Nex t , Maca y lla [MA -KAY -LA] Nielsen , a lso a 1 1 Grader at Bi hop Elementary. Her artwork is a lso call ed "Fiffer Feffer Feff." • hese pieces were part of a Dr. euss project al Bi h p, and they appear in Dr. eu ' birthday m nth . 3 .-Next is Annessa DeAndrea, a Kindergartner at Charles Hay Elementary School. Her artwork, entitled "Two Bunnies," appears in April . . Kaylie Johnson, a 5th Grader at Bishop Elementary School. Kaylie's artwork , entitled "Matisse Window Painting," appears in May . . Anna Schultz, a 5th Grader at Cherrelyn Elementary. Anna's artwork, "Hula Monkey," appears in June . . Jackson Matthews, a 3rd Grader at Cherrelyn Elementary School. Jackson 's artwork, "Explorer III," appears in July . . Destiny Hernandez, a 1 st Grader at Maddox Elementary School. Destiny 's artwork, "Z is for Zebra ," appears in August. . Rylee-Ann Forster , a 3rd Grader at Charles Hay Elementary School. Rylee-Ann 's artwork, "Dancing Giraffe," appears in September . . Antonio Flamenco , a senior at Englewood High School. Antonio 's artwork "The faces that a pumpkin makes" appears in October . Coincidentally, Antonio 's brother Luis was featured in October in the 2006 calendar . . Alandra DeAndrea , a 3rd Grader at Charles Hay Elementary. Here's another talented family. Alandra's sister Anne ssa was recognized earlier. Alandra's artwork, "Rainbow Clown ," is featured in November . . ophia ISO-FEE-Al Vamvakias IYAHM -VA-KEE-US J a 3 rd rader at herrelyn Elementary. Sophia 's artwork," at ," is featured in December . 4 - • Congratulations to our artists . • • Thanks for coming this evening to help us recognize these talented artists . • Another round of applause . • Calendars are available on the table in the back of the room . • Reminder -group photograph in the lobby outside Council Chambers. s COUNCIL COMMUNICATION Date: Agenda Item: Subject: November 20, 2006 9 a i South Arapahoe Sanitation District Supplement #3 7 Initiated By: Staff Source: Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION N/A RECOMMENDED ACTION The Englewood Water and Sewer Board, at their November 14, 2006 meeting, recommended Council approve a Bill for an Ordinance approving Supplement #3 7 to the South Arapahoe Sanitation District Supplement #3 7. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood provides sewage treatment outside of the City of Englewood through contracts with numerous connector districts. By contract, the City of Englewood must approve any additions of land to be served by the districts. These are usually in-fill situations that are within what the City considers to be the area it has committed to serve. Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions . Annexation of this parcel of land will not increase the tap allocation of the South Arapahoe Sanitation District. A request was made by the South Arapahoe Sanitation District representing the owner, Ford In vestment Corporation, Mills Ford, President for inclusion of Supplement #37 consisting of a parce l totaling 1.813 3 acres into the South Arapahoe Sanitation District. It is proposed that the suppl em ent p ro perty b e combined wi th two adjoi ning parc els and repl atted to an 11-lot residential sub division. Two taps exist an d 9 ad dit ional taps will be purchased. FINANCIAL IMPACT Non e. LIST OF ATTACHMENTS Bill for an Ordinance ..,· ORDINANCE NO. SERIES OF 2006 BY AUTHORITY ABILLFOR COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER _____ _ AN ORDINANCE APPROVING SUPPLEMENT NO. 37 TO THE SOUTH ARAPAHOE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS, South Arapahoe Sanitation District recommends the inclusion of approximately 1.8133 acres into the District; and WHEREAS, said inclusion is located at 1894 East Orchard Road, Centennial, Colorado 8012l;and WHEREAS, the zoning ohhis property in Centennial is Single Family Residential and it is proposed that the supplement property be combined with two adjoining parcels and related to an I I-lot residential subdivision; and WHEREAS , two taps exist and nine additional taps will be purchased; and WHEREAS , said annexation of this parcel of land will not increase the tap allocation to the South Arapahoe Sanitation District ; and WHEREAS , the Englewood Water and Sewer Board recommended approval of this Agreement at its November 14 , 2006 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , C OLORADO, AS FOLLOWS : Section 1. The Agreement between the City of Englewood and South Arapahoe Sani tation District entitled "Supplement No . 37, to Connector 's Agreement", consisting of a total of 1.8133 acres located at 18 94 East Orchard Road in Centennial , is hereby accepted and approved by the Englewood City Council. A copy of said Agreement is attached hereto as "Exhibit I" and incorporated herein by reference. tion 2. The Mayor and City Clerk are hereby authorized to sign and attest , re pectively, the aid Agreement for and on behalf of the City Council and the City of nglewood , Colorado . Introdu ed , read in full, and pa ed on first rea ding on the 20111 da y of Novemb er, 2006. -1- Published as a Bill for an Ordinance on the 24th day of November, 2006 . Olga Wolosyn, Mayor ATIEST: 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 20th day of November, 2006 . Loucrishia A. Ellis -2- .I SUPPLEMENT NO. ·3 7 TO CONNECTOR'S AGREEMENT j THIS SUPPLEMENT is entered into, effective September 18, 2006, by and between the CITY OF ENGLEWOOD, acting by and through its duly authorized Mayor and City Clerk, hereinafter called the "CITY," and SOUTH ARAPAHOE SANITATION DISTRICT, Arapahoe County, Colorado, hereinafter called the "DISTRICT," to supplement and amend the Connectors Agreement between the pai1ies hereto dated October 17, 1988 . RECITALS A. The District has included a parcel of residential-zoned property owned by Mills Ford and more fully described in the Order of Inclusion attached hereto as Exhibit A and incorporated herein by reference . B. The said prope11y lies within the District's service area as defined in the Com1ector's Agreement with the City dated October 17, 1988. The location of the included prope11y is shown on the Inclusion Map set forth on Exhibit B, hereto, and the revised District Key Map for the vicinity of the included property, set fo11h on Exhibit C hereto. C. The City has sufficient treatment capacity in the Littleton-Englewood Wastewater Treatment Plai1t to treat the wastewater discharged from such property. NOW, THEREFORE, in consi deration of the mu tual cov enant s an d unde1iakings herein set forth, the parties agree as follows: 1. The City hereby consents to the inclusion of the property described in the Order of Inclusion attached hereto as Exhibit A into South Arapahoe Sanitation District. The City agrees that said property may be served with the sewer facilities of the District, and that the City will treat the sewage discharged into the City's trunk line from the District, all in accordance with the Co1mector's Agreement dated October 17, 1988 . Accordingly, it is expressly agreed that Exhibit A refeITed to in Paragraph 1 of the Co1mector's Agreem ent dated Octob er 17, 1988, includes the property described in ·F.'x h ih it Ah rP.tn . 2 . Each an d every other prov isio n o f the s id Co 1mector' Agre men t dated E X h i b i t 1 October 17, 1988 , shall remain unchanged . IN WITNESS WHEREOF, the pa1iies have set their hands with an effective date as first above written . CITY OF ENGLEWOOD MAYOR: Olga Wolosyn ATTEST: CITY CLERK SOUTH ARAPAHOE SANITATION DISTRICT ARAPAHOECOUNTY,COLORADO ATTEST: \ . ;! ---····---~:;1 T~} ARAPAHOE COUNTY DISTRICT COURT .. : ... ,1' 7325 South Potomac Street 18th Judicial District Centennial, CO 80112 FILED In ThP n;,,1si11n 303-649-6355 copy· IN RE THE ORGANIZATION OF SOUTH JUL 1 8 2006 ARAPAHOE SANITATION DISTRICT, ARAPAHOE COUNTY, COLORADO Darryl L. Farrington, Reg . No. 7270 I Semple Miller Mooney & Farrington, PC Civil Action No . 12761 1120 Lincoln Street, Suite 1308 Denver, CO 80203 Aruµahoo f.ounl ~ Clttr~ & Ru c order, Num:~ Recegtion #: 86107603 Telephone 303-595-0941 llucu;pl •: 529062 Rocordin9 Pago• RecordoJ : 2 A. Dul~ Fax 303-861-96 08 dfarrington@smmoc.com Dalt Roco,·ded : l /26/.2006 12 :37 :~l I lllllll llll lllll lllll If Ill lllll lllll 111111 f ••: I LL.OD PM 111,m ORDER OF INCLUSION THIS MATIER was heard upon the Motion of the Board of Directors of the South Arapahoe Sanitation for an Order including within the boundaries of the District the real property (the Property) described as follows : Part of the NW 1/4 of the NE 1/4 of Section 23, Township 5 South, Range 68 West of the 6th P . M ., described as follows : Beginning on the North line of said Section , 202 .2 feet West as measured along said line from the Northeast corner of said NW 1 /4 of the NE 1/4 ; Thence West along said North line, a distance of 100 feet ; Thence South parallel with the East line of said NW 1/4 of the NE 1/4 , about 823 feet to the Northerly ·bank of the High line Canal ; Thence in a general Eas.terly direction, along said North bank, to an point which is 202.2 feet Westerly by rectangular measurement from the East .line of said NW 1/4 of the NE 1/4; Thence North on a straight line, to the place of beginning except the North 40 feet of above described tract conveyed to Arapahoe County by Deed recorded in Book 1618 at Page 461, County of Arapahoe, State of Colorado. More commonly known as : 1894 East Orchard Road , Centennial, Colorado 80121 . The Court has considered the sa id Motion and the Board 's resolution (Order Granting In c lu s ion) filed therewith , and based thereupon, THE COURT FINDS as follows : P ge 1 of 2 I i 1· . , 1 . The owner of 100% of the Property filed a petition · for inclusion that in form and content met the requirements of Section 32 -1-401 (1), C.R.S . 2 . Pursuant to said statute, notice of receipt of the Petition and of the place, time, and date of the public meeting of the Board when such petition would be heard was duly published in a newspaper of general circulation within Arapahoe County, Colorado, as requir~d by law. 3 . The Board held a public hearing on the petition at a public meeting of the Board. 4. On June 19, 2006, the Board granted the petition and duly adopted a resolution (Order Granting Inclusion) which is in all respects proper and incompliance with statutory requirements . NOW, THEREFORE, IT IS ORDERED that, subject to the terms and conditions of the aforesaid resolution (Order Granting Inclusion) attached hereto as Exhibit A and incorporated herein by this reference, the Property is hereby included within the South Arapahoe Sanitation District, Arapahoe County , Colorado . DONE this / f day of a"' y , 2006. BY THE COURT: Angela R. Arkin District Court Judge ~an;;;.·';/, . Th• Moving Party 11 ~~y Ord~ copy of 1h 11 order lo all parties of record within ~vt (6) day, from reo,ipl of lhi• Ord er and FIie 1 t rtbt. of Compll ance with in five (5) days ~after. Page 2 of 2 ORCHARD RD . ._ 0 0:: <( I u S-2 0:: 0 w .. 'SI' lO .. (J) Ol ~ co co ~ ,:·. f.. '415 ' .. D-10 413 .~ ' -J6" 1 5 r· -. - INCLUSION• 1896 E. ORCHARD <FRDD PROPERTY> DA TE• JULY 26, 2006 SASD NO., 37 RECEPTION NO ., B6107603 SOUTH L .L'-P.61-Ji)· • !.I l ... l c• I I' ·r, l'•lOG' 100~;;;.;.;;~5.z· ==''°.;;;;;;;;;;;;;.;;;;;l~ 1c•I • ,,,, EXHIBIT I B t .-•• t ' J / ~· 61 10 • • I .. 16!)~ EXHIBIT I C SASD BOUNDARY GREENWOOD VILLAGE ~ I 1 I I I ORCHAR D RD. • Ill ir-\ .. ! :? s- "' () -') I.. \ f l'•ZOO' "' ... ,-..; I sc•I• ,.., •• .. awwwwu• • .. I CURTIS PARK ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO. 46 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COWRADO, ECONOMIC DEVELOPMENT COMMISSION FOR MARKETING AND ADMINISTRATIVE SUPPORT IN THE ENTERPRISE ZONE . WHEREAS , in 1990 the City of Englewood applied to the Colorado Department of Local Affairs and was granted, Enterprise Zone status for a majority of the industrially and commercially zoned property in the City of Englewood; and WHEREAS, the State Economic Development Commission has a competitive grant program for marketing and administrative support of Enterprise Zones ; and WHEREAS , this is the eleventh year in which the City of Englewood has applied for and received such funding; and WHEREAS, the Enterprise Zone is used in the City to initiate business retention, revitalization and growth strategies; and WHEREAS, by encouraging businesses to take advantage of Enterprise Zone tax credits, an opportunity is created for businesses to strengthen operations through reinvestment of these dollars back in their business ; and WHEREAS , the Colorado State Economic Development Commission requires that the City provide matching funds to meet Grant requirements; and WHEREAS , the Grant and related Agreement between the State of Colorado Economic Development Commission and the City of Englewood pledges $12 ,5 00 .00 in local matching funds to meet this obligation; and WHEREAS, this Grant and the matching funds will be used for a variety of Enterprise Zone marketing and administrative activities in the City of Englewood; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section l . The Agreement between the State of Colorado, Economic Development Commission, and the City of Englewood for a Grant of$12,500 .00 to be used for Enterprise Zone Marketing and Administrative activities , a copy of which is attached he reto as Exhibit l , is hereby accepted . -1 - 9bi Section 2. The Mayor and City Clerk are authorized to sign and attest said Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 6th day of November, 2006. Published as a Bill for an Ordinance on the 10th day of November, 2006. Read by title and passed on final reading on the 20th day of November, 2006. Published by title as Ordinance No. _, Series of 2006, on the 24th day of November, 2006. Olga W olosyn, Mayor AITEST: 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 the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2006. Loucrishia A. Ellis -2- DEPA RTMEN T DR AGENCY NUMBER EDA CONTRACT ROUT ING NUMBE R CONTRACT THIS Contract, made this __ day of , 200 6 , by and between the State of Colorado for the use and benefit of the Colorado Office of Economic Development, Economic Development Commiss ion ("E.D .C."), 1625 Broadway #1710 , Denver, Colo rado 80202, hereinafter referred to as the State , and City of Englewood, 1000 Englewood Parkway, Eng lewood.CO 80110, hereinafter referred to as the Contractor. WHEREAS , authority exists in the Law and Funds have been budgeted , appropriated and otherwise made available and a suffic ient unencumbered balance thereof rema ins available for payment in Fund No . 156, Approp . Code , Org . Unit , Contract Encumb. No . E7EDC699 ; and WHEREAS, requ ired approval, clearance and coordination has been accomplished from and with appropriate agencies ; and WHEREAS , the State desires to promote econom ic development in Colorado by ass isting local commun ities in expand ing the ir econom ic base ; and WHEREAS , pursuant to 24 -46-101 to 105 , C.R.S . 1987 , the Colorado Economic Development Fund is cr eated , an d is to be ad minis tere d by the Col ora do Offi ce of Econom ic Deve lopment in the Offi ce of the G overn o r; a nd WHEREAS , app li ca ti ons for d ist rib uti on s fr om the Colorado Economic Development Fund have been rece ived by the Econom ic Deve lopment Comm is s ion ; and WHEREAS , the Economic Developm ent Commission has reviewed and recommended to the G o v e rn o r that the project described in this contra ct be fi nanced with a grant ; and WHEREAS , th e Go vern or has re viewed the proposed expend iture of money from the Economic Devel op men t Fund to fin an ce th e project desc ri bed in this contract ; and WH E REAS , the Contractor is an eligible recipi ent of Colo ra do Eco no mi c D eve lop men t f u nds ; NOW THEREFORE it is hereby agreed that: 1. Scope of Services . In consideration for the monies to be received from the State, the Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as indicated in the "Scope of Services", set forth in the Attached Exhibit A, hereinafter referred to as the "Project". Work performed prior to the execution of this Contract shall not be considered part of this Project. 2. Responsible Administrator . The performance of the services required hereunder shall be under the direct supervision of the employee or agent of Contractor identified in the attached Exhibit A ., who is hereby designated as the administrator-in-charge of this Project. At any time the administrator-in-charge is not assigned to this Project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator-in-charge and the State receives notification of such replacement assignment. 3. Time of Performance. This Contract shall become effective upon proper execution of this Contract. The Project co emplated herein shall commence as soon as practicable after the execution of this Contract and shall be undertaken and performed in the sequence set forth in the "Time of Performance" in the ttached Exhibit A. No Economic Development Commission Funds provided under th is contract will be Pog 1 of 7 Pages expended prior to the full execution of this contract. The Contractor agrees that time is of the essence in the performance of its obligations under this Contract, and that completion of the Project shall occur no later than the termination date set forth in the "Time of Performance ." 4. Compensation and Method of Payment. The State agrees to pay to the Contractor, in consideration for the work and services to be performed, a total amount not to exceed TWELVE THOUSAND FIVE HUNDRED AND N0/100 DOLLARS ($12.500). The method and time of payment shall be made in accordance with the "Payment Schedule" set forth in Exhibit A. 5 . Accounting. At all times from the effective date of this Contract until completion of this Project, the Contractor shall maintain properly segregated books of State funds, matching funds, and other funds associated with this Project. All receipts and expenditures associated with said Project shall be documented in a detailed and specific manner , and shall accord with the "Budget" set forth in Exhibit A . Contractor may adjust budgeted expenditure amounts up to ten percent ( 10%) within said Budget without approval of the State . Adjustments of budget expenditure amounts in excess of ten percent ( 10%) must be authorized by the State in an amendment to this Contract properly executed and approved pursuant to the State Fiscal Rules. In no event shall the State's total consideration exceed the amount shown in Para- graph 4 above . a. Unless otherwise provided in this Contract, if Exhibit A provides for more than one payment by the State, the initial payment set forth in the Payment Schedule shall be made as soon as practicable after proper execution of this Contract. The Contractor shall initiate all subsequent payment requests by submitting documented proof of proper expenditure of State funds thus far received to a contract monitor designated by the State . b . The Contractor shall request the final payment, which is the amount withheld by the State until the Project is complete, for the Project by submitting to the contract monitor a detailed cost accounting of all Stale funds received and expended towards completion of the Project. Upon determining to its satisfaction that all funds received by the Contractor have been properly spent towards accomplishment of the Project, the State shall promptly make final payment to the Contractor. c. Within ninety (90) days of completion of the Project , the Contractor shall submit to the contract monitor a detailed cost accounting of expenditures of the final payment received from the State. Any State funds not expended in connection with the Project shall be remitted to the State at that time . 6 . Audit. The State or its authorized representative shall have the right to inspect, examine , and audit Contractor's records, books and accounts, including the rig ht to hire an independent Certified Public Accountant of the State's choosing and at the State's expe ns e to do so. Such d iscretionary audit may be calle d for at any time and for any reason from the effective date of this Contract until five (5) years after the date final payment for this Project is received by the Contractor, provided that the audit is performed at a time convenient to the Contractor and during regular business hours. Whether or not the State calls for a discretionary audit as provided for in this paragraph , if the Project is accomplished with in a single fiscal year of the Contractor, the Contractor shall , at the conclus ion of the Project, and in add ition to any other reports required, submit a r eport and aud itor's statement of the Project account to the Economic Development Commission . Such report shall be prepared in conjunction with Contractor's regular yearly audit, and must be submitted w ithin six (6) months after the close of the then current Contracto r 's fiscal year . 7 . Personnel. The Contractor represents that he has , or w ill secu re at h is own expense , unless otherwise s tated in Exhib it A , all personnel, as employees of the Co ntra ctor , necessary to perform the work and service s req uired to be pe1iormed by ti 11:J Contractor under th is C on tract. All of the serv ices requ ired hereunder w ill be performed by the Contractor or under hi s supervisi on , and all pe rs on nel engaged in the work sh a ll be fu lly qualified an d shall be autho riz ed under Sta te an d local law to perform such service s . 8 . Termination of Con tract for Convenience of Ei ther Par ty. Either th Stat or the Contractor may terminate t his Contr ct at any time the p rty d !ermines that the purpo of th Contract would no longer be serv d P g 2 of 7 P g by completion of the Project. The party des ir ing to terminate the Contract shall effect such termination by giv ing written notice of term ination to the other pa rty and spec ifying the effective date thereof, at least th irty (30) days prior thereto . In that event, all finished or unfinished documents and other materials shall, at the option of the State , become its property. Contractor shall repay funds advanced and not expended in accordance with the terms of this contract. Contractor shall not be relieved of any obligations to repay funds advanced as a loan, notwithstanding any termination of the contract for convenience . 9. Termination of Contract for Cause: Repayment of Advanced Funds a . If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obl igations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract , the State shall thereupon have the right to terminate th is Contract for cause by giving written not ice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination . In that event, all finished or unfin ished documents, data, studies, surveys, drawings , maps , models , photographs, media contracts and reports or other material prepared by the Contractor under this Contract shall, at the option of the State, become its property; and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials . b . Notwithstanding the above, the Contractor shall not be relieved of liabil ity to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any payment to the Contractor for the purpose of setoff until such time as the exact amount of damages due to the State from the Contractor is determined . c . If funds have been advanced to the Contractor , Contractor shall repay such funds to the extent they are not expended in accordance with the terms of th is contract at the time of te rm ination . 1 O. Changes. The State may, from time to time, require changes in the scope of services of the Contract to be performed hereunder. However, this Contract is intended as the complete integration of all understand ings between the parties at this time , and no prior or contempo raneous add ition , deletion , or other amendment hereto , including any increase or decrease in the amount of monies to be pa id to the Contractor, shall have any force or effect whatsoever unless embodied in a written contract amendment incorporating such changes executed and approved pursuant to the State's Fiscal Rules . Notwithstanding this provision, changes in the ti me of perfo rmance may be agreed to by le tte r if so provided fo r in Ex h ibit A, and contractor may make ad j ustments of less than 10 percent in budge t lin e item s as provided for in the "Accounting " section of this Contract. 11 . Confl ict of Interest. a. No employee of the Contractor shall perform or provide part-time services for compensation, monetary or otherwise, to a consultant or consultant firm that has been retained by the Contractor under the authority of this Contract. b. The Contractor agrees that no person at any time exercising any function or responsibility, in connection with the elements of this project that are financed with State funds, on behalf of the Contractor shall have or acquire any personal financial or economic interes t , direct or indirect, which w ill be materially affected by this Contract, except to the extent that he may receive compensation for his performance pursuant to th is Contract. c . A personal financial or economic interest includes, but is not limited to : i. any business entity in which the person has a direct or indirect monetary interest; ii. any real property in whid1 tile person has a direct or indirect monetary interest: iii. any source of income, loans, or gifts received by or promised to the person within twelve (12) months prior to the execution date of th is Contract; iv. any business entity in which the person is a director, officer, general or lim ited partner , trustee, employee, or holds any position of management. Page 3 of 7 Pages (a) For purposes of this subsection, indirect investment or interest means any investment or interest owned by the spouse, parent, brother, sister, son, daughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law of the person by an agent on his/her behalf, by a general, limited, or silent partner of the person, by any business entity controlled by said person , or by a trust in which he/she has substantial interest. A business entity is controlled by a person if that person, his/her agent, or a relative as defined above possesses more than fifty percent (50%) of the ownership interest. Said person has a substantial economic interest in a trust when the person or an above-defined relative has a present or future interest worth more than One Thousand Dollars ($1,000.00). d. In the event a conflict of interest, as described in this Paragraph 11, cannot be avoided without frustrating the purposes of this Contract, the person involved in such a conflict of interest shall submit to the Contractor and the State a full disclosure statement setting forth the details of such conflict of interest. In cases of extreme and unacceptable conflicts of interest, as determined by the State, the State reserves the right to terminate the Contract for cause, as provided in Paragraph 9 above. Failure to file a disclosure statement required by this Paragraph 11 shall constitute grounds for termination of this Contract for cause by the State . 12. Subcontracts . Copies of any and all subcontracts entered into by the Contractor to accomplish this Project will be submitted to the Economic Development Commission upon request by the State . Any and all contracts entered into by the Contractor shall comply with all applicable federal and Colorado state laws and shall be governed by the laws of the State of Colorado notwithstanding provisions therein to the contrary . 13. Severability. To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract , the terms of this Contract are severable , and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term . 14 . Binding on Successors. Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns . 15. Assignment. Neither party, nor any subcontractors hereto, may assign its rights or duties under this Contract without the prior written consent of the other party. 16 . Limitation to Particular Funds. The parties hereto expressly recognize that the Contractor is to be paid , reimbursed, or otherwise compensa ted w ith funds provided to the State for the purpose of contracting for the services provided for herein, and therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the State . In the event that such funds or any part thereof are not received by the State, the State may immediately terminate this Contract. 17 . Minority Business Enterprise Participation . It is the policy of the State of Colorado that minority business enterprises shall have the maximum practicable opportunity to participate in the performance of its construction grant contracts . The Contractor agrees to use its best efforts to carry out this policy to the fullest extent practicable and consistent with the efficient performance of this Contract. As used in this Contract, the term "minority business enterprise" means a business, at least 50 percent (50%) of which is owned by minority group members or, in the case of publicly owned businesses, at least 51 percent (51 %) of the stock of which is owned by minority group members . For the purposes of this definition, minority group members are Negroes or Black Americans, Sµi:l11isl1-sµeak in g Americans, Asian Americans , American Indians , American Eskimos and American Aleuts . The Contractor may rely on written repres entations by bidders, contractors, and subcontractors regarding their status as minority enterprises and need not conduct an inde pendent investigation. Page 4 of 7 Pages (_ --~---- 18. Taxes . The state agency, as purchaser, is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code (No. 84-730123K] and from all state and local government use taxes (C .R.S . 39- 26-114(a) and 203, as amended]. Vendor is hereby notified that when materials are purchased for the benefit of the State, such exemptions apply except that in certain political subdivisions (for example -City of Denver) the vendor may be required to pay sales or use taxes even thought the ultimate product or service is provided to the State . These sales or use taxes will not be reimbursed by the state . 19. Intellectual Property. a. Contractor will indemnify State for its reasonably incurred legal expenses and will defend or settle, at Contractor's option and expense, any legal proceeding brought against State, to the extent that it is based on a claim that products infringe a trade secret, trademark, mask work, copyright, or patent. Contractor will pay all such expenses, together with damages and costs awarded by the court which finally determines the case, or are incurred in the settlement thereof, if State : (i) gives written notice of the claim promptly to Contractor; (ii) gives Contractor control of the defense and settlement of the claim; (iii) provides to Contractor, at Contractor's expense, all available information and assistance; and (iv) has not compromised or settled such claim . b. If products are found to infringe, Contractor will: (i) obtain for State the right to use such products; (ii) replace the products with non-infringing products or modify the products so that they become non- infringing; or, if neither of these Alternatives is reasonably available, (iii) remove the infringing products and refund the price paid therefore . c. Contractor has no obligation under this Paragraph 19 for any claim which results from: (i) use of products in combination with any non-Contractor provided equipment, software or data ; (ii) Contractor's compliance with designs or specification of State; (iii) modification of products other than at Contractor's direction ; or (iv) use of an allegedly infringing version of products, if the alleged infringement could be avoided by the use of a different version made available to State. 20. Order of Precedence. In the event of conflicts or inconsistencies between this contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1) Colorado Special Provisions, pages 6 to 7; 2) Contract, pages 1 to 5; 3) Exhibit A; 4) Any attachments to Exhibit A . P g 5 of 7 P e SPECIAL PROVISIONS (For Use with Inter-Governmental Contracts) 1. CONTROLLER 'S APPROVAL . CRS 24-30 -202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant as he may de si g nate . 2. FUND AVAILABILITY . CRS 24 -30 -202 (5 .5) Financial obl igations of the State or Colorado payable after the current fiscal year are contingent upon funds for that purpose be ing appropriat ed, budgeted, and otherwise made available . 3. INDEMNIFICATION . To the extent authorized by law, the Contractor shall indemnify, save, and hold harmless the State, Its employees and agents, against any and all claims, damages, liability and court awards includi ng costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or Its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. No term or cond it ion of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, CRS 24·10 ·101 et seq . or the Federal Tort Cla ims Act, 28 U .S .C. 2671 et seq . as applicable, as now or hereafter amended . 4. INDEPENDENT CONTRACTOR. 4 CCR 801 -2 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE . NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN . CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQU ESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR , ITS EMPLOYEES AND AGENTS. 5. NON-DISCRIMINATION . The contractor ag rees to comply with the letter and the spirit of all applica ble stat e and fede r al laws re spect ing d iscrim ination and unfai r employ m ent pract ices . 6. CHOICE OF LAW . The laws of the State of Colorado and rules and regulations issued pu rsuant thereto shall be applied in the interpretation, execution , and enforcement of this contract . Any provision of this contract, whether or not Incorporated here in by reference, which prov ides for ar bitration by any extra -Jud icial body or person or wh ich is otherwise in conmct w ith sa id laws, rules, and regulations shall be considered null and vo id. Nothing conta ined in any provision incorporated here in by reference wh ich purports to negate this or any other specia l provision in whole or In part shall be va li d or enforceable or available in any action at law whether by way of complaint, defense, or otherwise . Any provision rendered null and void by the operation of th is provision will not invalidate the remainder of this contract to the extent that the contract Is capable of execution . At all t i mes duri ng the performance of this contract, the Contractor shall stric tly adhere to all appli cable federa l and State laws, rules, and regulations t ha t have been or may hereafter be establ ished . 7. SOFT WARE PIRACY PROHIBIT ION Governo(s Executive Orde r D 00 2 00 No St ate or o th er publi c fun ds payable under this Contr act sha ll be use d for th e ac q uisition, operation , or m ain t enance o f co mputer so ftware In violat ion of United States copy ri ght laws or app li cable lice ns ing re strictions. The Contractor hereby ce rtifies tha t , fo r t he term of this Contract and any ex t ensi ons, t he Contrac tor ha s i n pla ce app ropriate systems and contr ols to preve nt such improper use o f pu bl ic fun ds. If t he St ate determines that t he Contractor is in vi olati on of this para g raph, the St ate may exercise any remedy available at law or eq uity or under this Con tract, inc ludin g , wi t hout limitation, Immediat e termination or th e Con tract an d a,ny re m edy consistent with United States copyright laws or applicable licensing res t rict ions. 8. EMPLOYEE FINANCIAL INTEREST CRS 24 -18-201 and CRS 24-50-507 The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever on the service or property described herein . 9. ILLEGAL ALIENS -PUBLIC CONTRACTS FOR SERVICES . CRS 8·17 .5-101 and 24 -76 .5·101 The Contractor certifies that the Contractor shall comply w ith the provisions of CRS 8 ·17 .5-101 et seq . The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter Into a contract with a subcontractor that falls to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an Illegal alien to perform work under this contract. The Contractor represents, warrants, and agrees that It (I) has verified that it does not employ any Illegal aliens, through participation on the Basic Pilot Employment Verification Pr ogram administered by the Soc ial Security Administration and Department of Homeland Security, and (II) otherwise will comply with the requirements of CRS B·l7 .5 ·102(2)(b). The Contractor shall comply with all reasonable requests made on the course or an Investi gation under CRS B· 17 . 5· 102 by the Colorado Department of Labor and Employment. If the Contractor falls to comply with any requirement of this provision or CRS 8 · 17 .5-101 et seq ., the State may terminate this contract for breach and the Contractor shall be liable for actual and consequential damages to the State . A Cont .acto r that operates as a sole proprietor hereby swears or affirms under penalty or perjury th t the Contractor (1) Is a citizen of the Un ited State• or otherwis e lawfully present 1n the Un ited States pursuant to federal l~w . (ii ) shall comply with the provisions of CRS 24 ·76 .5 -101 et seq , and (111 , shall produce one or the forms of ldenllfocatlon required by CRS 24 ·76 .5·103 prior to the erfectlv date of this Contract . Except where exempted by federal law and ex cept as provided In CRS 24 ·76 .5·103(3), a Contractor that re c Iv s fede r al or st te funds under th is contract must confirm that any In d ivi dua l natu ral pe r son eighteen years of age or older Is lawfull y p re ent In the United States pursuant to CRS 24 ·76 .5·103(4) If su ch nd1v1dual ~pploes for public bene fit s provided und er th is contract . rr cllve O te of Sp c1 I Provi s ons · Augu l 7, 2006 r I SPECIAL PROVISIONS THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: STATE OF COLORADO: BILL OWENS GOVERNOR City of Englewood By_.._~~--..-..---:-r---:---------Director, Brian Vogt Legal Name of Contracting Entity 84-6000583 Office of Economic Development Social Security Number or FEIN Signature of Authorized Officer PRE-APPROVED FORM CONTRACT REVIEWER: Print Name & TiUe of Author ized Officer CORPORATIONS: (A corporate attestation is required .) Attest (Seal) By------------ (C orporate Se cre tary or Equ ivalent , or Town/City/County Cle rk ) (Place corporate seal here. if available .) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract Is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. ST ATE CONTROLLER : Les lie M . Shen ef elt By ____ ,,__---------Betty Kee na Date _____________ _ Effective Date : August I, 2005 Page _J_ of _J_ pages EXHIBIT A SCOPE OF SERVICES AND PAYMENT SCHEDULE ( EDC# 699 EXHIBIT A Colorado Economic Development Commiss ion SCOPE OF SERVICES 1 . Project Description and Requirements The Project consists of providing the Contractor with matching funds for the promotion of economic development in the Arapahoe County Enterprise Zone area. These funds shall be used for the purposes of promotional activ ities that will market and advert ise the advantages of locati ng a business in the contractor's enterprise zone area , creatEl a positive identity for the enterprise zone area, encourage retention and expansion of existing businesses, promote redevelopment, expand the region's tourism industry, attract new businesses , and generally enhance the economic growth of the enterprise zone area . Such activities shall include the preparation , production, and/or distribution of market research, printed materials, direct mail campaigns, print med ia advertising, trade show promotions , special events, direct business prospect visitation, and other closely related activities. No more than 25 percent of these funds may be used to pay for contractor's administrative o r staff costs . Contractor may allocate funds to one or more subcontractors in volved in promotion and economic development activities in the enterprise zone . Contractor shall be respons ible for ensuring and documenting the expenditure of the required local matching funds by Contractor or by its subcontractors . The contribution from the Economic Development Fund under this Contract shall not exceed the amount of local matching funds expended on th is project or TWELVE THOUSAND FIVE HUNDRED dollars ($12,500), whichever is less . All p roject costs in excess of this amount will be the responsibility of the Contractor. Contractor shall match E.D.C . funds used on this proj ect w ith at least a dollar-for-dollar cash match from local sources. Local expenditures on enterprise zo ne marketing projects incurred prior to the effective date of th is project but subsequent to Ju ne 1 , 2006 , may be counted toward the match ing fu nds requ irement, prov ided that such expend itures have not been used to meet other state contractual match ing f und r equirements . The performance of th e servi ces requ ire d here un der s hall be under t he dir ect su pervi sion of Da rr e n Hol li ng swo rth , an empl oyee or age nt of Contracto r, who is he reby designated as t he administrator-i n-charge of this Project. 2 . Ti me of Performance The Project shall commence upon execution of this Contract. The Contract will expire on December 31, 2007, except that the Contract may be extended a maximum of 6 months subject to the mutual agreement of the State and the Contractor. A request for extension by the Contractor shall be submitted to the State at least 30 days prior to the expiration of the Contract with a full justifica tion for the extension request. - 3 . Budget REVENUE EXPENDITURES E.D .C . Funds $12 ,500 Market Research, Publications, Advertising, Trade Shows, Web Site Development, Seminars, and Direct Marketing for the Arapahoe County Enterprise Zone Program $18 ,750 Local Funds 12,500 Zone Administration 6,250 TOTAL : $25 ,000 TOTAL: $25,000 4 . Payment Schedule I. $5,000 Initial payment to be paid upon request by the contractor following the execution of this contract. 11. 6,500 Interim payments to be paid upon request and the submission of proper documentation of expenditures of E .D.C . and local funds and work progress . 111 . 1,000 Final payment to be made upon satisfactory completion of the Project. The Contractor will submit a final financial and narrative rep ort do menting the expenditure of all E.D .C . funds for which payment ha :, bee n r '-lue sted and of matching local funds . $12,500 TOTAL Requests for payment will be initiated by the Contractor in accordance with the provisions of Paragraph 6 of the main body of this contract. 5 . Monitoring Colorado Economic Development Comm iss ion staff will monitor this Project on an as -needed basis . 6 . Reporting Schedule The Contractor will submit an interim financial and narrative report properly documenting all expenditures of E.D .C . funds at the time interim paym ents are requested . The Contractor will submit a final financial s tatus report properly documenting all ex penditures of E.D.C . funds at the time the final payment is re q ues ted , in acc ordance with the pa yment schedu le . EDC # -Exhi b it A Page 2 o f 2 Pages ORDINANCE NO. SERIES OF 2006 BY AUTHORITY COUNCIL BILL NO . 48 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF TWO PERPETUAL CITY DITCH EASEMENTS AND RELEASE OF NOTICES ALONG THE CITY DITCH RIGHT-OF-WAY LOCATED AT 3034 SOUTH SHERMAN AND 3066 SOUTH SHERMAN. WHEREAS, the Owner, Lynette Saunders, of 3034 South Sherman submitted a "Grant of Easement and Release of Notice" clarifying the City Ditch Easement that runs diagonally east to west spanning this property; and WHEREAS , the Owner, Louis Bruno, of 3066 South Sherman submitted a "Grant of Easement and Release of Notice" clarifying the City Ditch Easement that runs diagonally east to west spanning this property; and WHEREAS, these "Grant of Easement and Release of Notice" will allow new construction located at 3066 South Sherman and clarify the minor encroachment of an existing garage at 3034 South Sherman Street; and WHEREAS , the Englewood Water and Sewer Board re viewed and recommended approval of both notices at their June 14 , 2000 meeting; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the acceptance of "Grant of Easement and Release of Notice" from Lynette Saunders, the owner of 3034 South Sherman, for a City Ditch Easement and Release of Notices along the City Ditch Right-of-Way , attached hereto as Attachment 1. Section 2. The Ci ty Council o f th e City of Englewood , Colorado hereby authorizes the acceptance of "Grant of Easement and R e lease of Not ice" fro m Louis Bruno, the own er of 3066 South Sherman, for a City Ditch Easement and Release of Notices along the City Ditch Right-of-Way , attached hereto as Attachment 2. Section 3 . Th e City Manager is authorized to execute the "Grant of Easement and Re lease of Notices" for and on b ehalf of the City of Englewood , Co lorado . Introduced , read in fu ll , and passed on first reading on the 6th day of November, 2006. -1- 9bii Published as a Bill for an Ordinance on the 10th day of November, 2006 . Read by title and passed on final reading on the 20th day of November, 2006. Published by title as Ordinance No. _, Series of 2006, on the 24th day of November, 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 the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2006. Loucrishia A. Ellis -2- ( ( GRANT OF EASEMENT AND RELEASE OF NOTICE THIS GRANT OF EASEMENT AND RELEASE OF NOTICE (the "Grant") is made this __ day of , 2006 by LYNETTE L. SAUNDERS ("Granter") whose address is 5304 South Cimarron Road, Littleton, Colorado 80123, and the CITY OF ENGLEWOOD, a Colorado home rule municipality ("Grantee") whose address is 1000 Englewood Parkway, Englewood, Colorado 80110. WHEREAS, a portion of an irrigation ditch commonly known as the "City Ditch" is located on portions of certain real property owned by the Granter which is more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference (the "Grantor's Property"); and WHEREAS, the City Ditch was created by an instrument which may have been recorded on or about May I 0, 1876 in Book 82 at Page 4 77 of the records of the County of Arapahoe, Territory of Colorado (the "Prior Instrument") and is further evidenced by. the Notice of Prior Recording of Easement dated April 14, 1999 and recorded in the real property records of Arapahoe County, Colorado on May 3, 1999 at Reception No. A9071966 (the "Notice of Easement"); and WHEREAS, in 2001 Grantee enclosed the City Ditch in pipe (the "City Ditch Pipe") and requested Rocky Mountain Consultants, Inc. to prepare a survey and legal description of the City Ditch boundary lying within the Grantor's Property and within an adjacent parcel of real property owned by another which is more particularly described on Exhibit "B" attached hereto and incorporated herein by this reference (the "Adjacent Parcel"); and WHEREAS, the legal description of the boundary of the City Ditch located on the .Grantor's Property and on the Adjacent Parcel as determined by such survey is described on Exhibit "C", attached hereto and incorporated herein by this reference (the "Easement Property"); and WHEREAS , Granter and Grantee wish to clarify the property boundaries of the City Ditch as being coterminous with that po1tion of the Easement Property lying on Grantor's Property and to also further define their respective rights and obligations relating to the City Ditch and that portion of the Easement Property lying on Grantor's Property; and WHEREAS, the parties are also desirous of: (i) acknowledging that this Grant supersedes a nd replaces those terms and provisions of the Prior Instrument, if any, which may be in conflict with the provisions of this Grant; and (ii) releasing and forever discharging the Notice of Easement dated April 14, 1999 as a cloud on Grantor's title to Grantor's Property. THEREFORE, the parties covenant and agree as follows: l . Grant of Easement. For mutual consideration, the sufficiency and receipt of which is hereby acknowledged, Granter hereby grants to Grantee, its successors and assigns, a nunder -grant of en ement-rlean -10 -2 4-0 6-rrg P. t t a C h m e n t 1 perpetual easement over, under, across and throu gh that portion of th e Easement Property located on Grantor 's Property , all as is more particularly described on Exhibit "D" attached hereto and incorporated herein by this reference (the "Grantor's Portion of the Easement Property"), for the purpose of constructing, operating, maintaining, repairing, replacing, removing, improving and enlarging the City Ditch. 2. Access . Grantee shall have the perpetual, nonexclusive right of ingress and egress in , to, over, through, under and across Grantor 's Portion of the Easement Property for any purpose necessary or desirable for the full enjoyment of the rights granted to Grantee under this Grant. 3. Restoration . Grantee agrees that after any construction, maintenance, repair, replacement, removal, improvement or enlargement, if any, of the City Ditch, or of the City Ditch Pipe, Grantee shall restore the surface of Grantor's Portion of the Easement Property as nearly as possible to the grade and condition existing immediately prior to said construction, maintenance, repair, replacement, removal, improvement or enlargement, except as may be necessary to accommodate the City Ditch Pipe located within Grantor's Portion of the Easement Property. Grantee further agrees to replace any topsoil removed from any cultivated or agricultural areas on Grantor's Portion of the Easement Property and to remove any excess earth resulting from said construction, maintenance, repair, replacement, removal , improvement or enlargement, at Grantee 's sole cost and expense. 4. Maintenance. Grantee shall be responsible, at its sole cost and expense , for periodically mowing the grass on Grantor 's Portion of the Easement Property. 5. No Improvements. Granter covenants and agrees not to construct, erect, place or plan any "Improvements", as hereinafter defined, on Grantor's Portion of the Easement Property without obtaining the prior written consent of Grantee . "Improvements" shall mean any structure, building, planting , trees, shrubbery, or garden other than a grass type lawn. Grantee sha ll have the right to re move , without any liability to Grantee , any Improvements constructed , e rec ted , pla ced or planted on the Ease ment Property without Granter having obtained the prior written co nsent of Grantee . If such prior written consent is not obtained, Grantee shall not be respons ibl e fo r rep air or rep lacem ent of the Improv ements if th ey are damage d durin g any construction, maintenance, repair, rep lacement, removal, im provement or enlargement performed by Grantee. 6. Subjacent and Lateral Suppo1t. Grantor covenants and agrees that Grantee shall have the right of subjacent and lateral supp o1t for the City D itch Pip e locate d on Granto r 's Portion of the Easement Property to w h atever extent is n ecessary or desira bl e fo r the fu ll , co mplete and undisturbed enjoyment of the righ ts gra nt ed to Grantee und er th is Grant to locate the City Ditch Pipe on Grantor's P011ion of the Easement Property . 7. Rights of Granter. Grantor reserves the full right to the undisturbed ownership, u e and occupancy of Grantor's Portion of the Easement Prope1ty insofar as said ownership, use a nd occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. . aund~r -gra nt of cascmcnl· le an-I 0-2 -06-rr 2 ( ( ( 8. Abandonment. In the event Grantee shall abandon the rights granted to it under this Grant to operate and maintain both an irrigation ditch and storm water discharge structures, then all rights, title and interest hereunder of Grantee shall cease and terminate, and Grantor shall hold Grantor's Portion of the Easement Property, as the same may then be, free from the rights of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned; provided that Grantee shall have a reasonable period of time after said abandonment in which to remove any or all of the City Ditch Pipe, storm water discharge structures and related appurtenances from Grantor's Portion of the Easement Property. In the event that Grantor's Portion of the Easement Property is abandoned by Grantee, Granter shall also have the right, at its sole option, to require Grantee to remove or neutralize any improvements constructed in Grantor's Portion of the Easement Property by Grantee. 9. Prior Instrument and Notice of Easement. Grantee, by this instrument, does hereby release the Notice of Easement dated April 14, 1999 and its effect on and with respect to the Grantor's Property. Grantor and Grantee hereby acknowledge that the terms and provisions of this Grant supersede and replace the terms and provisions of the Prior Instrument, if any, which may either be in conflict with or inconsistent with the Prior Instrument; otherwise the terms and provisions of the Prior Instrument shall be and remain in full force and effect as to the Grantor's Property. 10 . Binding Effect. This Grant shall extend to and be binding upon the heirs, personal representatives , successors and assigns of the respective partfos hereto . The terms, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement and Release of Notice on the day and year first above written. GRANTEE: CITY OF ENGLEWOOD, a Colorado home rule municipality By : ___________ _ under . -gr nt of e . emcnt-clcnn-10-24-06-rr 3 STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) On this __ day of , 2006, before me , a Notary Public, personally appeared in his capacity as of the City of Englewood, a Colorado home rule municipality, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed in the capacities stated, and as the free act and deed of the entities identified above . Witness my hand and seal of office. My commission expires: ___ _ [SE AL] Notary Public ST A TE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) On this ;2'-/~ay of 0l1M)f// , 2006 , before me , a Notary Public , personally appeared Lynette Saunders, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed in the capacities stated, and as the free act and deed of the entities identified above. Cu~ ~, DAHJ Notary Publk MyComm; · ss1on Expires Jan. 23, 2010 aundcr -gr nt of c cmcnt-clcan-10-24-06-rr 4 (__ EXHIBIT A Legal Description of the Grantor's Property . Lot 15, except that portion lying north of the City Ditch and all of Lots 16, 17 and 18, Block 6, Strayers Broadway Heights, according to the recorded plat thereof, County of Arapahoe, State of Colorado . , under • r nt or c cmcnt -clc n-10-24-06-rr 5 EXHIBIT B Legal Description of the Adjacent Parcel. Lots 13 and 14 and that part of Lot 15 lying north of the City Ditch, Block 6, Strayers Broadway Heights, according to the recorded plat thereof, County of Arapahoe, State of Colorado. undcrs-gr nt of c cmcnt-clc n-10-24-06-rr 6 ( EXHIBIT C Legal Description of the Easement Property. See attached legal description and description sketch. ( under • 1 nt of c emcnt· le n-10-24.0 -rr 7 LEGAL PESCR{PTJON. A Parcel oflflnd locatod in tots 14 lhrougl, 17, !3l!)ck 6.ofStraycr's l3roadwiyHefgliis ·subdi~i~i~~:· u Plat recorrlcd .in .Sook A2 al Page Orlri ihc Office of the Arapahoe Count;y Clerk and Rocordcr, · iocated in lhc Southwest Quarter oft ho Northeast Quarter of Section 34, Township 4 Soufh, Rtnge (18 West oflhe Sixth Principal MeritJim1, CityofEnglewood, County of Arapahoe, Stare ofC;olorado, huing more panicularly described as follows: Commencing at the Southwest comer of said Lot 17i Thcnoe ~orth 00"04'09" Wost, a distance of l.J!) feet, to the True Point of Beginning; Thence olo,,g the following six (6) courses: . I.) North 00°04'09" West, a distance of29.14 feet; 2,) North ;'i9"00'09" EaRt, a dist11nco of67.03 feet; 3.) North 71°lO'l0" Bast, a disbmce of70.77 feel; 4.) Sou1h 00°03'40" EQ~ a distance of26.40 feel; S.) • S0u1h 7 I 0 10' J 0" West , a distance of 59.6 J .feet; 6.) South 59°00'09" West, a diata11ee of 79 . .34 feel, to lhe True Point of Beginning. Saicl Pan:cl contain, 3,459 square feet or 0.07!> acres, more or leas . 1110 Bui$ ofBearings for lhis survey is the South line oflhe Northeast Quarter of saicl Section .34, be ing Norlh 89"23'47'' E&s1 ; a distance of 1320.66 f'C;et. ____ :_ ___ _._ ___ --·----·-·-·· r,: ••. -~'" • undcrs· r nt of ca cment· le n-10-24-06-n & .ALLEY - ~ \ .. S ~ YER'S OADWA Y Hi KlHTS BOOK A , PAGE 01 LOT 16 LOT 14 HOUSE LOT 15 SOUTH SHERMAN STREET lHIS EXHIBIT Docs NOT REPRESENT A MONUl«"NTEr, SURV£'r. IT IS ONLY INTENDED TO Dr.PICT lHE ATTACHED DESCRIPTION , LOT 17 BLOCK6 LOT 18 ROCKY MOUNTAIN CONSULTANTS, INC. SHEET 2 OF 2 8301 E .. Pro"liot •••-Sullo 101 tn,1ewou<1, CO 80111 (lOJ) 741-8000 r~ (J03) 741 -llDI llchloo2.d,..g JO. "10. 211112 ,0111 .ClO D.\Tt 11 09 /00 \/RI IICV!SED 11 21 00 \1111 r mcnl· le n-10-24-06-rr un r • runt e ·.iiAhfl EXHIBIT D Legal Description of Grantor's Portion of the Easement Property. That portion of Lot 15 , Block 6, Strayers Broadway Heights , according to the recorded plat thereof, County of Arapahoe, State of Colorado , lying ten ( I 0) feet north of the south boundary of the Easement Property ; and That portion of Lots 16 and 17, Block 6, Strayers Broadway Heights, according to the recorded plat thereof, County of Arapahoe, State of Colorado, lying within the Easement Property . The cross hatched portion of the description sketch attached as a part of this Exhibit D depicts the Grantor's Portion of the Easement Property . undc • r nt f cm nt· le n-10-24-06-rr 10 ( ALLEY . S BAYER'S B OADWA Y H 7GHTS . BOOK A, FAOFE 01 . ···-:· ·--·---·· . LOT 1.a· LOT 17 BLOCK6 LOT 14 LOT 18 HOLI SE LOT 15 SOUTH SHERM AN STREET THIS EXHIBIT PrJf"S NOT REPRESENT •• A MONlJMENTtP SUR\IEY; 11 IS ONLY INTENDED TO Or.PICT n-tE ATTACHED 0ESCRIP110N. ROCKY MOU"{TAIN CONSULTANTS-, INC. ---·-·-· .. SHEET 2 _OF·: 2·: .. ..:.:-.:::=.:=·· ~: :.:... =--~.:=- .. :.11Jo1 . E. ,_P~!!•li••.-"v-. ·:· -Suii,;. "101 -.. O,~i••o~, co· eb111 (JOJ) 7• 1-e(l()(J F"Ak_ (lpJ)_741-11DL -· --::..:_ -;ioa No.~ 2~~'.a?i '.Mg· ....... :· 0Ali::...:.1.iioe;;oo-.:..Y111-·-11£v,sEa·-,-1 2s oo 'ml Y.iAIAI Jlld I • •1.1111 ol C:J c:mc:nt-le: n-10-24--rr 1 I ( GRANT OF EASEMENT AND RELEASE OF NOTICE THIS GRANT OF EASEMENT AND RELEASE OF NOTICE (the "Grant") is made this __ day of October, 2006 by LOUIS L. BRUNO ("Grantor") whose address is 3034 S . Sherman Street, Englewood, Colorado 80110, and the CITY OF ENGLEWOOD, a Colorado home rule municipality ("Grantee") whose address is 1000 Englewood Parkway, Englewood, Colorado 80110. WHEREAS, a portion of an irrigation ditch commonly known as the "City Ditch" is located on portions of certain real property owned by the Grantor which is more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference (the "Grantor's Property"); and WHEREAS, the City Ditch was created by an instrument which may have been recorded on or about May 10, 1876 in Book 82 at Page 477 of the records of the County of Arapahoe, Territory of Colorado (the "Prior Instrument") and is further evidenced by the Notice of Prior Recording of Easement dated April 14, 1999 and recorded in the real property records of Arapahoe County, Colorado on May 3, 1999 at Reception No. A9071966 (the "Notice of Easement"); and WHEREAS , in 2001 Grantee enclosed.the City Ditch in pipe (the "City Ditch Pipe") and requested Rocky Mountain Consultants, Inc . to prepare a survey and legal description of the City Ditch boundary lying within the Grantor's Property and within an adjacent parcel of real property owned by another which is more particularly described on Exhibit "B" attached hereto and incorporated herein by this reference (the "Adjacent Parcel"); and WHEREAS, the legal description of the boundary of the City Ditch located on the Grantor's Property and on the Adjacent Parcel as determined by such survey is described on Ex hibit "C", attached hereto and incorporated herein by this reference (the "Easement Property"); and WHEREAS, Grantor and Grantee wish to clarify the property boundaries of the City Ditch as being cotenninous with that portion of the Easement Property lying on Grantor's Property and to also further define their respective rights and obligations relating to the City Ditch and that portion of the Easement Property lying on Grantor's Property; and WHEREAS, the patties are also desirous of: (i) acknowledging that this Grant supersedes and replaces those terms and provisions of the Prior Instrument, if any, which may be in conflict with the provisions of this Grant; and (ii) releasing and forever discharging the Notice of asement dated April 14, 1999 as a cloud on Grantor's title to Grantor's Property. THEREFORE, the parties covenant and agree as follows: 1. Grant of Ea ement. For mutual consideration, the sufficiency ai1d receipt of whi h i here y a knowledged Grantor hereby grants to Grantee, its successors and assigns, a perp tual c. em nt r, under, aero and thr ugh that portion of the a ement Prop rty \hruno ' A t t a C h m e n t 2 located on Grantor's Property, all as is more particularly described on Exhibit "D" attached hereto and incorporated herein by this reference (the "Grantor's Portion of the Easement Property"), for the purpose of constructing, operating, maintaining, repairing, replacing, removing , improving and enlarging the City Ditch. 2. Access. Grantee shall have the perpetual, nonexclusive right ·of ingress and egress in, to, over, through, under and across Grantor's Portion of the Easement Property for any purpose necessary or desirable for the full enjoyment of the rights granted to Grantee under this Grant. 3. Restoration. Grantee agrees that after any construction, maintenance, repair, replacement, removal, improvement or enlargement, if any, of the City Ditch, or of the City Ditch Pipe, Grantee shall restore the surface of Grantor's Portion of the Easement Property as nearly as possible to the grade and condition existing immediately prior to said construction, maintenance, repair, replacement, removal, improvement or enlargement, except as may be necessary to accommodate the City Ditch Pipe located within Grantor's Portion of the Easement Property. Grantee further agrees to replace any topsoil removed from any cultivated or agricultural areas on Grantor's Portion of the Easement Property and to remove any excess eaith resulting from said construction, maintenance, repair, replacement, removal, improvement or enlargement, at Grantee's sole cost and expense. 4. Maintenance. Grantee shall be responsible, at its sole cost and expense, for periodically mowing the grass on Grantor's Portion of the Easement Property. 5. No Improvements. Granter covenants and agrees not to construct, erect, place or plan any "Improvements", as hereinafter defined, on Grantor's Portion of the Easement Property without obtaining the prior written consent of Grantee; provided .that the existing Garage presently encroaching 1.9 feet into Grantor's Portion of the Easement Property shall be permitted to remain thereon (the "Existing Garage"). Granter shall also have the right to · maintain, improve and rebuild the Existing Garage; provided that in doing so the encroachment of the Existing Garage is not expanded. "Improvements" shall mean any structure, building, p lanting, trees, shrubbery, or garden other than a grass type lawn. Grantee shall have the right to remove , without any liability to Grantee, any Improvements other than the Existing Improvements constructed, erected, placed or planted on the Easement Property without Grantor having obtained the prior written consent of Grantee. If such prior written consent is not obt ained, Grantee shall not be responsible for repair or replacement of the Improvements if they are damaged during any construction, maintenance, repair, replacement, removal, improvement r nlarg ment performed by Grantee. ubja en t and Lateral uppo1t. Granter covenants and agrees that Grantee shall h e th right f ubj cen t and lat eral support for the City Ditch Pipe located on Grantor's P rti n f th a em nt Pr p rty to whatever extent is necessary or desirable for the full, mJ un<li tu, bt<l t11ju 111t:11t f th right ra nt d to Grantee under this Grant to lo cate it h Pi n ranter's P rtion of the Ea ement Prope1ty . ( 7. Rights of Grantor. Grantor reserves the full right to the undisturbed ownership, use and occupancy of Grantor's Portion of the Easement Property insofar as said ownership, use· and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. 8. Abandonment. In the event Grantee shall abandon the rights granted to it under this Grant to operate and maintain both an irrigation ditch and storm water discharge structures, then all rights, title and interest hereunder of Grantee shall cease and terminate, and Grantor shall hold Grantor's Portion of the Easement Property, as the same may then be, free from the rights of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned; provided that Grantee shall have a reasonable period of time after said abandonment in which to remove any or all of the City Ditch Pipe, storm water discharge structures and related appurtenances from Grantor's Portion of the Easement Property. In the event that Grantor's Portion of the Easement Property is abandoned by Grantee, Grantor shall also have the right, at its sole option, to require Grantee .to remove or neutralize any improvements constructed in Grantor's Portion of the Easement Property by Grantee. 9. Prior Instrument and Notice of Easement. Grantee, by this instrument, does . hereby release the Notice of Easement dated April 14, 1999 and its effect on and with respect to the Grantor's Property. Granter and Grantee hereby acknowledge that the terms and provisions of this Grant supersede and replace the terms and provisions of the Prior Instrument, if any, which may either be in conflict with or inconsistent with the Prior Instrument; otherwise the terms and provisions of the Prior Instrument shall be and remain in full force and effect as to the Grantor's Property. 10. Binding Effect. This Grant shall extend to and be binding upon the heirs, personal representatives, successors and . assigns of the respective parties hereto . The terms, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement and Release of Notice on the day and year first above written. GRANTEE: CITY OF ENGLEWOOD, a Colorado home rule municipality By: _____________ _ Louis L. Bruno By Arden M. Gray,v STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) On this __ day of , 2006, before me, a Notary Public, personally appeared in his capacity as of the City of Englewood, a Colorado home rule municipality, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed in the capacities stated, and as the free act and deed of the entities identified above. Witness . my hand and seal of office. My commission expires: ___ _ [SE AL] STATE OF COLORADO COUNTY OF ARAPAHOE ) ) ss. ) Notary Public On this 24th day of October, 2006, before me, a Notary Public, personally appeared Arden M. Gray, Attorney In Fact for Louis L. Bruno, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed in the capacities stated, and as the free act and deed of the entities identified above. Witness my hand and seal of office. . '~ · n -2-,,,,·7 My commission expires: _\:: __ _ (1 1,/;t l-[SE AL] Notary Public RT · D e emcnt I 0-0 -06 vcr 2 wpd ' \ EXHIBIT A Legal Description of the Adjacent Parcel. Lots 13 and 14 and that part of Lot 15 lying north of the City Ditch, Block 6, Strayers Broadway Heights, according to the recorded plat thereof, County of Arapahoe, State of · Colorado. · run cmcnt I 0-06·0 d EXHIBITB Legal Description of the .Grantor's Property. Lot 15, except that portion lying north of the City Ditch and all of Lots 16, 17 and 18, Block 6, Strayers Broadway Heights, according to the recorded plat thereof, County of Arapahoe, State of Colorado. ·( EXHIBITC Legal Description of the Easement Property. See attached legal description and description sketch. k\bruno\c emcnt I 0-06-06 .doc ·· · LEGAt DESCRfPDohl, .. . . ···----------' A ;.~~ •rl,odJ"'"" lo Lo• 14 u~,,g;, 11. a,,,. ••rsi,.,.,,, Bro,aW,yHi,fgliiiS.;;;;;,;J,,, n Plat i:eci;,.rtli:d Jri Book A2 11t :Pllge ·on,i ·ch·,; Qffi~e of the Anipnhcic Coun('~ Clerk and . Recorder, · ·· ... ----:, -, --~-· locatetr in lhe So11thwe11t.Q11aner of the Northeast Q1mter·of Sectior\ 34, 1:'!>wnship 4 South,. llangc . 08 W"' '"'"Slxq, MoOpal MOridio~ CityofllosJ,wooa, °'""'Y ofA,.p,1,00, S•to of 9<,loWo, ..... -, -' liulng m.ore Jllrlii:ufarfy .. described IIS fo/lows ;;. . . . . Cornmcncine at the So_111hweat comer •or ~atd Lot l 7.: .Thcn'o; Nanh D.0~04!09." Wu~. ·a distance of · i . .;ip foet, ~.the TrµcJ>ciint of~egh;ming; · · Tllencc~l~il; ihe ioiiowiiig si~.(6) couriea;: ,. I.) North OODP4'0P." West; ii distance of2~.J4 feet; 2,) Norii1 ~9~00!09•'! Ea~• dist11nco of67.0J feet; .:l,J ·· Notth.7.1°.l.0'1·0" Rast, a di.1t11nc:e of70.77·_fcet; ,q SouUi, oo i.03•40• £ast, a dis'tance of26,40 (ec(; ·S .• ) South 7 i•·J 0'10" West, a distance of S~.IH .tect;· . 6.) South 5l>"OQ 0 0!>" W~t, a dista1foc of7~j4 f-eei. to· lhe ·'r.,:uc Point of'Beglnning. Sai~ Parccl .coiitai1)F 3,4S!>.square !cl.et.or Q.079 acres; .morc ·~r .Tess. 'Ilic Ba~11 <1.f Bearings fa t lhia 111irvc:_y ia the South llrie or.tlic .Nort11eas1 Quarter of said Section 34, ' he inl! Norlh 89°23'4 1'1 .eut~ a ~istance of 1320.66 f~c:t. ··-·-·--·,-:_: ... ' !.. ...... ------··--••-•-•n f ' ·~-• ,-,:, .. -,.""' . \el Cmcnt J 0-06-06 .doc k\bruno '' • .. ... ! .... ··~· •. ·-' .. \ ..... "".V""' ·--.-··-·-t : •.. ~---...... : .,.;-.... ·-••• 0 ( ,. ·:-.•.-r,,• .-., ··'!. ":' ·. ·~:··· . ,. ,.. . ~ "; ··.-· ' ' 1.6t 1-.. . 11.0lJSE: LOT 15. • ~ •. -i .... : ....... , ... ' .. ' . ••-M•O ~-,: "' '', :-. ALLE:Y.-....... -~··· .. , ___ :_ -·· :·· ..... -.---~·.·-.-C :····.-· 1-0.r lfi · S FIAYER·s . OADWAYH klHTS BOOKA; PAQEQi .. LOT 17 BLOCK8 .. 0.0.79 ·. LOT 18 , ACRE .. S9UTH .. SHERMAN STREET 'l'HIS EXHIBIT POF;S NOT AfPRE5£NT A MONUt.4ENTEO SURVEY, IT IS ON(Y INTEl'fDa> TO Df:PICT . TH( A TTACHEO 0ESC1t1PTION, • ROCKY MOUNTAIN CQNSULTANTS, INC. . J08 NO. 2~gtgyj:glf DATt 11 01 00 ~I IIEVISED 11 /28 00 \.'RI &301 [.,Pre11lio1 Ave . ·su11. 101 tn,1 ... ...,, co 110111 (lOJ) 7•1 -1000 F'AX (l03) 7~1 -'108 SHEET ·2 OF. 2 .\ k\bruno \c emcnt 10-0 • doc 9 EXHIBITD Legal Description of Grantor's Portion of the Easement Property. That portion of Lots 14 and 15, Block 6, Strayers Broadway Heights, according to the recorded plat thereof, County of Arapahoe, State of Colorado, lying twenty-five (25) feet north of the south bou~dary of the Easement Property; · The cross hatched portion of the description sketch attached as a part of this Exhibit D depicts the Grantor's Portion of the Easement Property. · , . k\bruno\ca emcnt 10-06-06 .doc •,-•.-r • ~·• . . :--~ .. ~ . ,. , ... ·-.. ~. ···1 ... .·' '"; •. LOT \a · . ~ .... ~ .... :·-: ... . . ALLEY ---··-·· -~··· --··· --· s RA~R·sa OADWAYHi KlHTS ·i· . SOQK A , PA.GE 01 . LOT 17 . '£ BLOCK6 Lot 1-4 . HOlJSE LOT 15. ·~. CHAIN · LINK ,FENCE :!>~ .• :, ·. 0.079 ACRE SOUTH SHERMAN STREET 'tHIS E:XHISIT POCS NOT ll6'RES£NT A MONUW[NTEO SURI/EV. IT IS DHlY INTENDED TO Of.PICT , THE ATTACHED DESCfllPTIOrlj, LOT 18 ROCKY MOUNTAIN CQNSULTANTS, INC. 8301 E .. P,111tio1 "••· Sullo 101 tn,1, .. »,i, co eo111 (lOJ) 741-1(100 r,-x (J03) ?41 -1101 SHEET 2 OF .2 DAT£ 11 08 00 \IRI IIEVISEO 11 /28 00 VAt J..\hruno\e cmen t 10-06-0 .d COUNCIL COMMUNICATION Date: Agenda Item: Subject: November 20, 2006 11 a i Ordinance Changes for the Sewer and Water portion of the City Code Initiated By: Staff Source: Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Code 12-1 D-3 Refund of Charges; City Code 12-2-1 General Provisions; and City Code 12-2-3 Fees and Charges. RECOMMENDED ACTION The Water and Sewer Board , at their November 14, 2006 meeting, recommended City Council approve a Bill for an Ordinance amending Title 12, Chapter 1, Section D; Chapter 1 A, Section 8; and Chapter 2, Sections 1 and 3, of the Englewood Municipal Code 2000 amending the Water Utilities section and Se w er Utility sections. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The attached Ordinance shows the specific changes to the existing Utilities section of the City Code. These changes will affect the following: Regarding City Code 12-1 D-3: Refund of Charges. The proposed change will allow credit to be given for excessive consumption due to leaking fixtures or a broken service, upon proof of repair, of up to 50% credit for loss of water over normal consumption for a similar period . Regarding City Code 12-2-1 : The method used to calculate sewer charges will be change d to an average of daily usage, rather than monthly, to accommodate our new billing system . The winter water meter reading period used to calculate sewer bills will be extended, to provide a more accurate and equitable base for billing. Outside City -the Willow Water table will be deleted because the meter reading process is the same as all other outside City accounts, therefore was repetitious . Regarding City Code 12-2-3 : Sewer treatment charges are currently based on a customer's lowest winter water meter reading. The municipal code sets dates limiting the period covered by those readings. Some of the lowest meter readings of the winter are outside the dates that are stated in the existing City Code. Extending the winter meter reading period will allow the lower winter readings to be used in the calculations . The new billing system program is designed to look for the lowest readings, so any higher meter readings that might fall in the new, extended reading period will be eliminated. In the case of multiple meters, the sewer charge shall be based on gallonage of water through all meters connected to the property between October 1 and May 15. In the case of a public school, it will be based on water usage even though meter may be situated on separated properties. Regarding City Code 12-2-3 (C) Special Cases : The recommended change will require a school having a 9 month status to supply documentation of such to the City to receive the 76% rate of normal charges that would normally accrue for similar usage by a residential customer. Regarding City Code 12-2-3 (G) (c) Regarding partial payments, the recommended changes allow partial payments to be arranged upon approval of the City Manager or his representative in the Utilities Department. Payments will be assessed on a case-by-case basis, but must be paid within three months. Reminder notices will not be sent and if the payment arrangement is not kept, late fees and penalties will apply. Regarding City Code 12-lA-8 (B) Regarding commercial service lines, the City shall not be responsible for the repair or replacement of service lines to commercial properties. The proposed ordinance change will clarify the owner's responsibility for maintenance and repair of commercial service lines. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for an Ordinance t ORDINANCE NO. SERIES OF 2006 BY AUTHORITY ABILLFOR COUNCIL BILL NO. 47 INTRODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE AMENDING TITLE 12 , CHAPTER 1, SECTION D; CHAPTER lA, SECTION 8; AND CHAPTER 2 , SECTIONS 1 AND 3 , OF THE ENGLEWOOD MUNICIPAL CODE 2000. WHEREAS , the passage of this proposed Ordinance will allow credit to be given for excessive consumption due to leaking fixtures or a broken service, upon proof of repair, of up to 50% credit for loss of water over normal consumption for a similar period; and WHEREAS , the passage of this proposed Ordinance amends the method used to calculate sewer charges to an average of daily usage, rather that monthly, to accommodate the City's new billing system; and WHEREAS, the passage of this proposed Ordinance w ill require a school having a nine month status to supply documentation of such to the City to receive the rate of 76 % of the charges normally accrued for similar usage by a residential customer; and WHEREAS , the passage of this proposed Ordinance w ill allow partial payments to be arranged upon approval of the City Manager or hi s representative, assessed on a case-b y-case ba sis when the tota l is paid within a three month period; and WHEREAS , the passage of this proposed Ordinance will clarify the Owner's responsibility for maintenance and repair of commercial service lines ; and Whereas , these changes were presented and passed by the Water and Sewer Board at the ir meeting on the 14th day of November, 2006 ; NOW, THEREFORE, BE IT ORDAINED BY THE C ITY COUNC IL OF THE C ITY OF E NG LE WOOD, C O LORADO, AS FOLLOWS: S ection I. T h e City Counci l of the City of Englewood hereby approves amending Title 12 , Chapter l , Section D , Subsection 3, of the Englewood Municipal Code 2000, to read as follows : 12-I D. WATER USE R RATES AND CHARGES. 12 -1 D-3: Refund of Charges. R efund s of scheduled cha rges will be mad e for any portion of a property which shall have been vacant, prov ided such vacancy shall have been reported to the City in writing and the vacancy inspection shall have been made. R efunds shall date from receipt of notice . Refunds shall also be allowed in cases where services are turned off by the City and proper charge for such tum-off shall have been paid . ~le ereeit er refttfl e skall ee givea fer eiteessi ve eensYRt ptiea er 1:1se ef water e1:1e te erekea sera,·iee liAes er lea laag fiitll:lres 9@)'8A8 tke !He ter wkeA 8 fR@ter is FeEt1:tiree . In the event of excessive consumption caused by 1:1aEleFgre1:1aEl sep,,·iee liaes eFel,ea eeyeaEl leaking pipes and fixtures on the customer's side of the meter, up to a fifty percent (50 %) credit for loss of water over normal consumption recorded for similar prior periods will be gi ven if a plumber is under a contract to make repairs within seventy-two (72) hours after discovery of such eFeak leak or if the owner can provide documentation or proof of repairs performed by owner within 72 hours after discovery of the leak. Section 2 . The City Council of the City of Englewood hereby approves amending Title 12 , Chapter IA, Section 8, of the Englewood Municipal Code 2000 , to read as follows : 12-lA-8: Damage to Fixtures, Responsibility . The City, in any capacity, shall not be responsible or liable for damages to privately owned piping or fixtures served by or connected to the water system, whether located in or upon public or private property, nor for damage to any person whomsoever or property whatsoever resulting from the existence, use , arrangement of or accident to such water system; except , however, under the following conditions: e,,. Residential Sewer Lines. L The City shall repair, replace, lower or thaw hel:lSe residential service lines eF aay efthe aeew within the public right of way , and under the following conditions: +. ~ A leak exists or occurs in that section of the licensee's service within the public right of way, i .e ., between the curb stop and the supply main . ~. h. The service line within the publi c right of way shall freeze or fail as a result of freezing . B. 2.. Should the City determine that the licensee or the consumer service line in the public right of way must be lowered because of exposure to damage from freezing , the licensee or consumer shall take necessary precautions to either: +. ,!l. Lower the service line from curb stop to the premises served , or ~. h. Take whatever precautions would be necessary to avoid service line failure between curb stop and the licensed premi ses by means approved by th e City . G. 1i Sho ul d the licensee or con sumer fai l or refu se to take such n ecessary precauti ons to avo id failure of the service line from curb stop to the licensed premises, then the City shall not be held liable or accountable for damages because or on account of such failure. 9 . ~ In the event that the licensee or consumer desires or shall desire to lower the service line from the licensed premises to the curb stop, the City shall also lower the service line from curb stop to the supply main in order to avoid failure of said line in the public right of way. The City may take such other or different action to provide that the service line in the public right of way shall not fail as a result of the lowering of th e service line from the licen ed premises to the curb stop . In the event that the City is requested to and does thaw or otherwise provide related ervice for a frozen or cold-damaged re idential service line that is not in the public right of way but i on a licensee' private property, the licensee hall pay a fee to the City amounting to the fair market value of the ervices provided for thawing or other aid in 2 ' restoring service to the property, but in no event less than one hundred dollars ($100 .00). This fee shall not be imposed if the licensee's request for thawing or other services is his or her first such request and if the licensee has followed any and all previous recommended precautions from the City regarding the location of the lines and the risk of freezing. B.... Commercial Service Lines, The City shall not be responsible for the repair or replacement of service lines to commercial properties. or properties with combined residential and commercial use where these lines are a part of the customer 's system as defined in this Title , In any event, the City is not obligated to perform such services nor to provide any protection from leaks or freezing on the lieeasee's either residential or commercial property, which is solely the responsibility of the licensee. Section 3. The City Council of the City of Englewood hereby approves amending Title 12, Chapter 2 , Wastewater Utility, Section lD, to read as follows: 12-2-1: General Provisions D . Definitions and Abbreviations (in alphabetical order) Winter Quarter Wat er Use : The~ average tHeAtaly g,ailY amount of water delivered~ a reading period through the meter of the user during the following periods: Water Usage Periods for Computing Sewer Rates Inside City M .. t .... :: .. PPrii ,,1 Mtti-Mtti- GF0t!f HI Cl:Clt OJ Nov....ln --f:elr. Mil: IO GF0Yf I Cl:,lli gJ Dec .J,a --MiflMarch GF0Y~ II Cl:,lli 0~ .. g,g. Jst --Mi.II April Outsid e Cit y -De1weF '.Vater M,..t .... D4 .... 11no Perind Mtti- Qtt a a ll,l Jaft,---- Qttaa Ill AIJ water weter s0usvw 0ti 0u Dee--011111121::cs trow w11,c distcisu gctobec J 0tlu:c tbag l:ush:w 00 d. 3 Bill Date Mar. 1, Dr alyge J Apr. 1 Feb. 1, or May 1 Mtti-Bill Dates Mat::-S~t l M&F:--+; Jun e 1 Jul y 1 H&:-August J ~fl: 1~ Sept . 1 QcL1 ~ Dec . 1 01:1tsiee City '\1/illew Water TABLE l}>JSET: 1:= I 8ill Dale Section 4. The City Council of the City of Englewood hereby approv es amending Title 12 , Chapter 2, Wastewater Utility, Section 3 , Fees and Charges, Subsections A , B , C and G , to read as follows : 12-2-3: Fees and Charges. A. Purpose. It is the purpose of this section to provide for the payment of all POTW costs , including costs of the City. The total annual cost of operation and maintenance shall include, but need not be limited to , labor, repairs, equipment replacement, maintenance, necessary modifications , power, sampling, laboratory testing and a reasonable contingency fund. The charges will be based upon the quality and quantity of user 's wastewater, and also upon the capital and operating costs to intercept, treat, and dispose of wastewater. The applicable charges shall be as set forth herein. B. General. There is hereby levied and charged on each lot, parcel of land and premises served by or having sewer connection with the sanitary sewer of the City or otherwise discharging sanitary sewage, industrial wastes or other liquids , either directly or indirectly, into the City sanitary sewer system an annual service charge which shall be computed and payable as follows : I . The charge for sewage treatment shall be based on the gallonage of water deli vered to the premises during the Bflf!F0f!riate lowest water meter reading period falling between ~le,·emeer October 1 and Aflril 30 May 15 . This gallonage converted to an annual equivalent and multiplied by the annual rate per one thousand (1 ,000) gallons provides the annual treatment charge. 2. A charge for sewer collection system maintenance shall be established annually by action of the City Council where premises are served by the City collection system. Where the City does not own and maintain the collection system, the City will collect charges for maintenance of same o nl y when authorized by the terms of contract between the City and the sanitation di stri ct. 3. Where water at any premises is taken through multiple meters, the charge for sewage treatment shall he based on the gallonage of water delivered to the premises tlµ;ough all of the meters during the appropriate water meter reading period falling between October 1 and May 15. or the sum of the minimum charges for each meter. whichever is greater. However. one bil) for all sewage treatment, composed of the sum of minimum charges for each meter used. or a sin gle quantitative charge for an sewage treatment may be issued in the following cases: a. b. C. d . For each public school entity. even though the meters may be situated on separate properties. ; ~ Where water usage infonnation is not available sewage service charges shall be computed using the current rate per one thousand (1 ,000) gallons and based on the following normal usage by class , as follows : 2 Months 3 Months 12 Months Single-family dwellings 14 21 83 Multi-family dwelling units 9 13 52 Mobile home units 5 8 52 Commercial (by meter size/capacity) 5/8 inch 19 29 116 3/4 inch 29 44 176 1 inch 49 73 292 1 1/2 inches 97 146 584 2 inches 156 234 936 3 inches 311 467 1,868 4 inches 487 730 2,920 6 inches 973 1,460 5 ,840 Normal usage by class will be checked by tabulation and averaging at least every five (5) years to detect and adjust for changes in patterns of water usage. 4 .5... The minimum charge per year for sewage treatment service, by customer cla ss, shall be a percentage of flat rate charge, this amount representing the fixed portion of operation and maintenance (O&M) costs. ~ ~ Outside City customers will be charged one hundred five percent (105 %) of the amount charged inside City customers for similar service to compensate for additional infiltration from the longer interceptor lines . This factor has been included in the flat rate and minimum rate tables in subsection 13& 9 below. &1,. Charges for service to customers inside the City limits shall be billed in quarter-annual installments in advance. Charges for sewer only service outside the City may, at the discretion of the City, be bill ed annually where this would not conflict with special provisions of a connector's agreement. All bills are due and payable as of the billing date and become delinquent thirty (30) days after the billing date . +: User charges shall be reviewed annually and revised periodically to reflect actual treatment work O&M co t . The following rates shall become effective January 1, 2003 : 5 Sewage Treatment Charge Collection System Charge Total: $1 .0049 $0 .1337 $1.1386 Sewage Treatment Charge Collection System Charge Total : SCHEDULE I SCHEDULE II In City In City Customer Class City Sewers District Sewers Billed Quarterly Billed Quarterly Flat Min. Flat Min. Rate Rate Single Family $23.94 $21.78 $21.12 $19 .20 Dwelling Multi Family Per $14.82 $13.50 $13.08 $11.88 Unit Mobile Home Per $9.12 $8.28 $8.04 $7 .32 Unit $1.0049 $0.1337 $1.1386 SCHEDULE III Outside City District Sewers Billed Annually Flat Min. Rate $88 .56 $80 .64 $54.96 $49.92 $33.84 $30.72 Commerical & Industrial (by meter size) 5/8" $33.00 $30.06 $29 .16 $26.52 $122.40 $111.36 3/4" $50.10 $45.60 $44.22 $40.26 $185.76 $168 .96 l" $83.10 $75 .60 $73.38 $66 .78 $308.16 $280 .32 l l/2" $1 66 .20 $151.26 $146 .70 $133.50 $616.32 $560 .64 2" $266.40 $242.46 $235.14 $213.96 $987 .60 $898.80 3" $531.72 $483 .84 $469.32 $427.02 $1,970.88 $1,793.76 4" $831.12 $756 .36 $733 .56 $667.56 $3 ,080 .88 $2 ,803 .68 6" $1,662 .30 $1 ,512 .72 $1 ,467 .12 $1 ,335 .06 $6 ,162 .00 $5 ,607 .36 8" $2 ,641 .32 $2,403 .60 $2 ,324 .34 $2 ,115 .12 $9,791.70 $8,910.42 10 " $3 ,796 .92 $3 ,455 .22 $3 ,341 .34 $3 ,040 .56 $14 ,075 .64 $12 ,808 .80 SCHEDULE IV Outside City District Sewers Billed Quarterly Flat Min. Rate $22.14 $20 .16 $13 .74 $12.48 $8.46 $7 .68 - $30 .60 $27.84 $46.44 $42 .24 $77 .04 $70 .08 $154 .08 $140 .16 $246 .90 $224.70 $492.72 $448.44 $770 .22 $700 .92 $1 ,540.50 $1,401.84 $2,447.88 $2,227.62 $3 ,518 .88 $3,202.26 Minimum charges both inside and outside the City are ninety-one percent (91 %) flat rate charge for the u. t me r cla invo lved . Q., lQ. All ti and harg Ii ted under this Se ction 12-2-3 , shall be subject to a cumulativ e inc rea e fo r th e next fi ve (5) years (2003 to 2008) as follows : 6 ( On January 1, 2004 , the existing fees and charges shall be increased by the amount of fifteen percent (15%) above the January 1, 2003 fees and charges . On January 1, 2005 , the existing fees and charges shall be increased by the amount of fifteen percent (15%) above the January 1, 2004 fees and charges. On January 1, 2006, the existing fees and charges shall be increased by the amount of fifteen percent (15%) above the January 1, 2005 fees and charges. On January 1, 2007 , the existing fees and charges shall be increased by the amount of fifteen percent (15%) above the January 1, 2006 fees and charges. On January 1, 2008 , the existing fees and charges shall be increased by the amount of fourteen percent (14%) above the January 1, 2007 fees and charges. C. Special Cases: R .91 NW 365 V 1. a.schools operating on a nine (9) month school year, which supplies documentation to the City verifying the nine <2l month schedule and which applies for a nine <Ql month operating status , shall be billed seventy-six percent (76%) of the charges which would normally accrue for similar usage by a residential customer. 2. Industries, car washes and other establishments where summer irrigation water is not significant or where seasonal business fluctuations are more significant than irrigation usage shall be billed based on annual rather than winter period water usage . 3 . Customers with deli very flow characteristics significantly different from those of a single-family dwelling shall pay an additional readiness to serve fee based on the following formula: = = = = = R-V (.91 x NW) where: 365 Annual delivery flo w rate characteristics charge Readines s to serve portion of O&M c os ts Customer's annual nonworking days Number of days in calendar year Annual volume charge for wastewater treatment 4 . Other Cases: Where the procedures above are not applicable, or when application of same would work an obvious and significant injustice to the customer, a rate shall be established by the City based on reasonable estimates of projected flow. 7 Section 5 . The C ity Council of the City of Englewood hereby approves amending Title 12 , Chapter 2, Wastewater Utility, Section 3, Fees and Charges, Subsection G , to read as follows : G. Collection Procedures: 1. Charges Responsibility of Owner: All fees and charges shall be chargeable against and payable te ~ the owner of the premises 2. Periodic Billing Statements: a . The City shall cause billings for wastewater treatment and/or water charges to be rendered periodically at rates established . b. Billings for charges and any other notices shall be effective upon mailing said billing or notice to the last known address of the user as shown on City records . c. +he Service charges provided in this Chapter shall be billed and paid in full within thirty (30) days from date of billing. ~fo i,artial i,a~rmeats shall ee aeeef'tee. Partial payments may be approved by the City Manager or designee on a case by case basis provided that the total bill shall be paid in full no more than three months after the original billing date . The City Manager or designee shall develop policies that set forth the conditions under which a partial payment plan may be granted. The City shall bear no responsibility to provide the customer with any kind of reminder notices. If the payment arrangement is not kept, all applicable late fees and penalties shall apply . d . If sewer rates are changed or users institute or terminate service other than on established billing dates, the bill shall be prorated . 3. When payment of City utility services is received , the City shall apply said payment to satisfy all Stormwater Enterprise Fund charges first , all Concrete Utility Fund charges second, all Sanitary Sewer Fund charges shall be satisfied next , and lastly, Water Fund charges shall be satisfied, in that order. Section 6 . Safety C lauses . The C ity Council hereby finds , determines, and declares that this Ord inance is p ro mulgate d under the general poli ce po wer of the C it y of E nglewood, that it is promulgat ed for the health, safety, and welfare of the pub lic , and that this Ordinance is necessary for the preservation o f health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . Section 7. Severab ility. If any clau se, senten ce, paragraph, or p art of this Ord inance or the ap plicat ion thereof to any per son or circumstances sha ll fo r any reaso n be adj udged by a court of competent j uri diction invalid, such judgment shall not affect, im pair or invali d ate the remaind er of this Ord inance o r it application to other persons or circumstances . Se cti on . In c ons istent Ordinances . All other Ordinances or portions thereof inconsistent or o nfli c tin g with thi rdinance or any portion hereo f are hereby repealed to the extent of such inco nsiste ncy o r confli ct. 8 Section 9. Effect of repeal or modification. The repeal or modification of any provision 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 as still remaining in force for the purposes of sustaining any and all proper actions , suits , proceedings, and prosecutions for the enforcement of the penalty, forfeiture, 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 , suits, proceedings, or prosecutions. Section 10. 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 first reading on the 20th day of November, 2006. Published as a Bill for an Ordinance on the 24th day of November, 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 20th day of November, 2006 . Loucrishia A. Ellis 9 COUNCIL COMMUNICATION Date: Agenda Item: Subject: November 20, 2006 11 Ci Award Construction Contract Mary Carter Greenway Expansion & Buffer Initiated By: Staff Source: Community Development Department Mark Graham, Sen ior Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION • Council adopted Ordinance No. 41, Series of 2005, an Intergovernmental Agreement with Arapahoe County dated September 6, 2005, accepting an Arapahoe County Open Space Program Grant of $217,530 for the Mary Carter Greenway Expansion and Buffer project • Council approved a Construct ion Agreement with the South Suburban Park and Recreat ion D istrict on August 7, 2006 accepting their match funding of $1 25, 000 for the Mary Carter Greenway Trail project. • Council adopted the South Platte River Open Space Plan in 200 3 ( RECOMMENDED ACTION Staff r equests that Council accept the recommendation of the City 's proj ec t engineer, ASCG , and award, by Motion, a contract to construct the public improvements identified in the Invitation to Bid (1TB 06-119) along the Mary Carter Greenway to the lowest qualified bidder, Sabelle's Enterprises, with a lump sum bid of $229,749. Sabelle 's was one of three companies that submitted co mplete bid d ocum ents by the deadlin e of 11 :00 a.m . on O ctober 26, 2006 . BACKGROUND Eng lewood submitted a grant ap pli ca tion for Arapahoe Co un ty Open Space Program Fu nds in February 2005 for enhancements to the Mary Carter Greenway through Englewood. Arapahoe County selected the project and awarded funding. The Inter-Governmen tal Agreement with Arapahoe County was adopted by Englewood in September 2005. Englewood retained ASCG Engineers to provide project engineering and to develop the constr uction plans and bid documents and Colorado Engineering and Surveying of Englewood provided project surveying. ASCG had provided engineering services to South Suburban Parks and Recreation District for the trail sections south of Englewood. The trail design was coordinated with utilities including Metro Sewer and Qwest Communications. w st r lo ated their phone lines along South Platte River Drive where they were in the path of th trail proj ·t. The project was also coordina ted with the Streets Division of Public Works which work d with th prop rty owner at the corner of West Dartmouth and South Platte River Drive to nhan th drainage and tie the road into new curb, gutter and sidewalk south of Dartmouth. The opportunity to bid on the project was advertised on September 21 and 28 in The Daily Journal and in The Englewood Herald on September 29 and October 6, 2006. The bid opportunity was also electronically published on the Rocky Mountain E-Purchasing System. The funds for this project are budgeted and currently available in the 2006 MYCP Open Space Budget. The total project cost estimate of $342,530 includes design and engineering services and contingency. FINANCIAL IMPACT The project costs are fully funded with Arapahoe County Open Space Program Grant and South Suburban Parks and Recreation District funds. The Construction Agreement between the City and South Suburban requires that Englewood leave $125,000 of Open Space Shareback funding in place as a contingency until project completion, with the City bearing the risk of cost over_runs. LIST OF ATTACHMENTS Letter of recommendation from ASCG Engineers for lowest qualified bidder Bid Tabulation Sheet ( October 30, 2006 Mark Graham Senior Planner City of Englewood A5GG . UtC:.OIPOaATID ENGINEERS • ARCHITECTS • SURVEYORS • PLANNERS - Community Development Department 1000 Englewood Parkway Englewood, Colorado 80110 RE: Recommendation of Award -Mary Carter Greenway Improvements Dear Mark: We have reviewed and compiled the bids received on October 26, 2006 for the Mary Carter Greenway Improvements. There were three bids, ranging in cost from $229,749.00 to $266,851.81, compared with the Engineer's Estimate of $277,685.00 (see attached spreadsheet). The tow bidder is Sabell's Enterprises. They have recently completed two phases of similar improvements (totaling $394,001.60) along approximately 6 to 7 miles of the Mary Carter Greenway Trail in Littleton. This work involved similar traffic control along the existing greenway path and construction of granite sand path and c:onaete path widening. They understand the need to maintain traffic on the existing path and adjacent roadway, and the confined conditions in the work area through Englewood. We recommend award of the contract to Sabell's Enterprises. If you have any questions, please feel free to call. Very truly yours, SCG Incorporated John M. Pfla~ 1;, Q6 W 8AVAUO AV SUITE 200 • LAKCWOOD COLORADO 80228 30 -~-50 • FAX 303 4 -9766 City of Englewood Bid Tabulation Sheet Bid Opening : 10/26/0611 :00 a.m. ITEM: ITB-06-11 9 Mary Carte r Tra il Improvements p B id Receipt of Cards Bond Addendum Vendor Y/N Y/N #1 ,2 ,3 Goodland Construction, Inc J i m 303-211-3100 No Yes Yes $ 760 Nile St Golden, co 8'U01 KB Construction Brad 303-472~299 P .O. Box 110 Elizabeth, CO 10107 Sabell's Enterprises Robin 303-,01-5111 No Yes Yes $ 5'SOWardRd Arvada, co ,0002 Milestone Construction Inc. Craig 303-936-3131 No Yes Yes $ 3231 W Hampden Ave Englewood, co 10110 Environmental Rehap Corp. Western States Reclamation Mp/Nllt Specialties llile High Excavating Keene Concrete, Inc. Colorado Constructors, Inc Hall-Irwin Stanfec Consutlng, Inc Base Bid Lump Sum Exceptions: 254 ,188.50 $ 254,188.50 See bid documents ~ECEIVED LA TE: 11 :08 REJECTED 229,749.00 $ 229,749.00 See bid documents 266,852.00 $ 266,852.00 See bid documents NOBID NOBID NOBID NOBID NOBID NOBID NOBID NOBID H :\DClari<e\excelfiles\excel bi d doc by dept\06 BID FILES\06 Community Development\l TB-05-116MaryCarterTraillmprovements .xls ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session November 20, 2006 1 . Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:34 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: 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 City Clerk Ellis Deputy City Clerk Bush Director Olson, Safety Services Director Fonda, Utilities Senior Planner Graham , Community Development Administration Manager Bock , Util iti es 5 . Consideration of Minutes of Previous Session (a) COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 6, 2006. Mayor Wolosyn asked if there was any d iscuss ion . There was none . Vote results : Motion carried . Ayes : Council Members Barrentine , Mccasl in , Moore , Wolosyn , Woodward , Tomasso, Oakley Nays: None 6 . Recognition of Scheduled Public Comment (a) Calendar: City Council recognized the student artists whose artwork is included in the 2007 Englewood Mayor Wolo yn said tonight we're honoring students whose artwor i featured in th 2007 Englewood C I nd r E ch y r , the City holds an art contest that is open to all student who hve or go to chool 1n Englewood Thi ..... , Englewood City Council November 20, 2006 Page2 .... year, 17 pieces were chosen for the calendar . Sometimes we put more than one piece of art on one month . I want to thank the art teachers ... one of whom I see here ... Kate Dulaney of Maddox and Bishop . I also see Karen Miller, President of the School Board. Thank you for coming tonight. I want to thank all the parents for their support of these talented artists . I had the pleasure of serving on the Selection Panel, along with Mayor Pro Tern Jim Woodward, City Council Member Ray Tomasso , Eric Bertoluzzi , Chair of the Cultural Arts Commission, members of Cultural Arts Commission : Heather Bartunek, Janet Moore; and Donna Schnitzer, Rachel Miller and Tim Vacca from the Museum of Outdoor Arts and Kimberly Wendt, Manager of Jerry's Artarama. I'd also like to thank our generous sponsors : Englewood Arts, Jerry's Artarama, L & M Pressworks, A & B Custom Framing, Museum of Outdoor Arts, who every year gives the reception, Englewood Cultural Arts Commission, Pirates Cove, Metro Community Provider Network, Millennium Bank, Greater Englewood Chamber of Commerce , Mile High Coffee and Cornerstone Books . We're returning artists ' artwork this evening -matted and framed . Artists will also receive a gift card, compliments of Jerry's Artarama , Englewood 's new art supply store , located at 3473 South Broadway; a free pass to Pirates Cove that you can use next summer; and a classical music CD, compliments of Up Close & Musical. Mayor Pro Tern Jim Woodward and Council Member Ray Tomasso will help me with the presentation . I'd like each artist to come forward as your name is called . Please gather after the recognition for a group photograph with your artwork in the lobby outside Council Chambers . Council Member Woodward said the 2007 Calendar artists are : Sydney Hyde , a 4th Grader at Maddox Elementary School. Sydney's artwork "Thick , Thorny Tree" appears on the Cover. Jamie Stewart , a 4th Grader at Maddox Elementary School. Jamie's artwork , Skinny , Stubby Sapling also appears on the cover . Clara Gomez, another 4 th Grader at Maddox Elementary. Clara 's artwork , "Sp ikey Tree" also appears on the cover of the 2007 calendar . Sheala Morrison, a senior at Colorado's Finest Alternative High School. Sheala's artwork appears in January. We have two artists featured in February: Leah Crane, a 2 nd Grader at Maddox Elementary School. Leah 's artwork is entitled ·a is for Queen" and Issac Resinos , also a 2nd Grader at Maddox Elementary School. Issac's artwork is called "K is for King ." We also have two artists in March : Edwing Barroso , a 1 st Grader at Bishop Elementary School. Edw ing 's artwork is entitled "Fitter Fetter Feff' and Macaylla Nielsen , also a 1 st Grader at Bis hop Elementary. Her artwork is also called "Fitter Fetter Feff." These p ieces were part of a Dr . Seuss project at B ishop , and they appear in Dr . Seusstirthda y month . I Next is Annessa DeAndrea , a Kindergartner at Charles Hay Elementary School. Her artwork , entitled "Two Bunn ies ," appears in April. Kaylie Johnson , a 5th Grader at Bishop Elementary School. Kaylie 's artwork , entitled "Matisse Window Paintin() appears in May. Anna Schultz , a 5th Grader at Cherrelyn Elementary. Anna 's artwork , ··Hula Monkey," appears in June . Jackson Matthews , a 3 rd Grader at Cherrelyn Elementary School. Jackson 's artwork , "Explorer Ill ," appears in July . Destin y Hernandez, a 1 •t Grader at Maddox Elementary School. Destiny's artwork , ·z is for Zebra ," appears in August . Rylee-Ann Forster, a 3 rd Grader at Charles Hay Elementary School. Rylee -Ann's artwork , "Dancing Giraffe ," appear n September. Englewood City Council November 20, 2006 Pagel Antonio Flamenco, a senior at Englewood High School. Antonio's artwork/The Faces that a Pumpkin Make:1' appears in October. oincidentally, Antonio's brother Luis was featured in October in the 2006 calendar . Alandra DeAndrea, a rd Grader at Charles Hay Elementary . Here's another talented family . Alandra's sister Annessa was recognized earlier . Alandra's artwork, "Rainbow Clown ," is featured in November. Sophia Vamvakia,a 3rd Grader at Cherrelyn Elementary . Sophia 's artwork, "Cat," is featured in December . Council Member Woodward said congratulations to our artists . Thanks for coming this evening to help us recognize these talented artists . Let's give them another round of applause . Calendars are available on the table in the back of the room . And just a reminder, there will be a group photograph in the lobby outside Council Chambers. Mayor Wolosyn said thank you all for coming. The calendar is fabulous, so spread it around town . Mayor Wolosyn said thanks Jim and Ray . 7 . Recognition of Unscheduled Public Comment There were no unscheduled visitors . 8 . Communications, Proclamations and Appointments There were no communications , proclamations or appointments . 9 . Consent Agenda COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (a) (I), 9 (b) (I) and (ii). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 49 , INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 37 TO THE SOUTH ARAPAHOE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES . (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 44, SERIES OF 2006 (COUNCIL BILL NO . 46, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO , ECO NOMI C DEVELOPMENT CO MMISSION FOR MARKETING AND ADMINISTRATIVE SUPPORT IN THE ENT ERPRISE ZONE . (ii) ORDINANCE NO . 45 , SERIES OF 2006 (COUNCIL BILL NO . 48 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF TWO PERPETUAL CITY DITCH EASEMENTS AND RELEASE OF NOTICES ALONG THE CITY DITCH RIGHT -OF-WAY LOCATED AT 3034 SOUTH SHERMAN AND 3066 SOUTH SHERMAN . Vote results : Ay Council Members Barrent ine, Mccaslin, Moore , Wolo yn , Woodward , Englewood City Council November 20, 2006 Page4 Nays : Motion carried . Tomasso, Oakley None (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 11 (c).) 10 . Public Hearing Items No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Director Fonda presented a recommendation from the Utilities Department to adopt a bill for an ordinance modifying portions of the Water Utility and Sewer Utility Sections of the City Code . He said this was recommended to the Council by the Water and Sewer Board . It is a number of housekeeping items and areas where we are simply bringing the Code up to date with the practices that are currently going on and many of the practices we are already doing ... so some of it is clarification . The first issue is when we have a leak in someone's plumbing and they repair it and we find it, we would go back and give them credits for 50 % of the loss of water over normal consumption . The second item has to do with our new computer system, which calculate s daily averages and figures winter time water usage on a bill, rather than monthly ... so we need to change th e Code to recognize that. The third item relates to winter time reading calculations for multiple meters . If you have multiple meters on a property , this allows them to be counted as if they were one meter. That helps them when the rate blocks decline . It also specifies that the schools can do it, even though they aren 't on one property ... th y get that break. The next one is that we give the schools a 76% normal rate of billing , based on the fact th at th ey are closed in the summer ... but we think , with some of them going to summer school , that we would require that they indicate they actually have a nine month status , to receive the discount. The next one would allow th e City Manager or his representative to allow partial payments to be arranged , which we do as a matter of course anyway , for people who need that. And last , as a clarification , we have never repa ired serv ice lines for commercial propert ies , although we do , under certa in c ircumstances , in the right-of-way , do it for homeowner Council Member Woodward said I just need a little clar if ic at ion . On 12-2-1 and 12-2-3 ... based on wh at I re d here , I bel ieve th is is basically saying th is could result in lowe r charges to these people , that may have this type of problem with ou r winter water meter reading period . D irector Fonda said it expands th e timeframe that we will consider it and we will take the lowest, falling within that timeframe . One group is always in the middle of w1nt r , but two of the groups , because of their billing cycles, are on either side ... so it allows us to take the lowest of 1th r side . We're after the winter time water usage , that doesn 't have irrigation with it. .. as the basis for billi ng wh I goes to the sewage plant. Council Member Woodward said, so then in fact, it would probably result in a lower charge for these peopl Director Fonda sa id it could, yes . And we want the lowest charge over the winter per iod . Mr. Woodward 1d I just want to make sure that we are not in some way raising prices here without saying it. And the daily us g 1 the average ... right? Mr. Fonda said yes . We calculate a single day average for the 90 day billing period , r th r than a monthly average . Mr. Woodward said that's all I have . Mayor Wolosyn asked if there were any other questions . There were none . COUNCIL MEMBER WOODWARD MOVED , AND IT WAS SECONDED , TO APPROV E AG ENDA ITEM 11 (1) (I) • COUNCIL BILL NO. 47. COUNCIL Bill NO. 47 , INTRODUCED BY COU NCIL MEMBER WOODWARD ..... Englewood City Council November 20, 2006 Page 5 A BILL FOR AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, SECTION D ; CHAPTER 1A, SECTION 8 ; AND CHAPTER 2, SECTIONS 1 AND 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000 . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin , Moore . Wolosyn, Woodward , Tomasso, Oakley Nays: None (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) Senior Planner Graham presented a recommendation by the Community Development Department to approve, by motion, the award of the Mary Carter Greenway public improvement construction contract. Staff recommends awarding the contract to the lowest qualified bidder, Sabelle's Enterprises, in the amount of $229,749 .00. He said this project implements one component of the South Platte Open Space Plan, making trail connections from Denver down to Sheridan ... Denver north of Dartmouth, down to Sheridan , just north of the Hamilton Bridge . This is one of the three Open Space Projects that Arapahoe County has granted funds to Englewood to implement. In addition to that, South Suburban has posted the match money on this project, but requires us to hold what was originally our match money as a backstop in case there are cost over- runs on the project. But, if we are successful at building the project for the $229 ,749 .00 that Sabelle's bid then that should allow us to recycle that $125 ,000.00 into the Open Space Fund . There were three bidders on the project. Sabelle's has also built most of the crusher fines trail from Chatfield north , up to Englewood . So, they are an experienced contractor . The letter in the file from ASCG , recommends them as both qualified and the lowest bidder. So we look forward to a Council motion to support this award of the contract. Mayor Wolosyn asked if there were any qu~s. There were none. COUNCIL MEMBER WOODWARD~~ IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) • AWARDING THE MARY CARTER GREENWAY PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT TO SABELLE'S ENTERPRISES, IN THE AMOUNT OF $229,749 .00. 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 Mark . 12 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn said I have to say that I have to thank Leigh Ann for the calendar . Every year she undertakes it, it is a tremendous amount of work. right down to the detail ing . She puts it together, she does the layout that goes to the printer and she does a fine job every year , both w ith the techn ical stuff and as a lia ison to the community and we owe her a lot. I'm sorry I didn 't say it whe n everyone was here . Englewood City Councll November 20, 2008 Page6 (ii) Mayor Wolosyn sa id she hopes everyone on Council and staff has a Happy Thanksgiving . (b) Council Members' Choice (i) Council Member Barrentine : 1. She said she also wanted to thank Leigh Ann. She does an awful lot of work on this . And I want to congratulate all of these young students for the excellent job they did . They were all very creative . 2. She said she wanted to wish everyone a Happy Thanksgiving . (ii) Council Member Mccaslin said he wanted to wish everyone a Happy Thanksgiving . (iii) Council Member Oakley said I attended a seminar this week entitled "Deploying Citywide Wi-Fi Networks: A Seminar for Municipalities" and it was quite enlightening, of course it was put on by SkyPilot Networks who is out to sell systems, but nevertheless they had some good speakers there . As we go forward , as I think we are going to in the future ... I have a couple of packets and I think some of the information will be valuable to us . Mayor Wolosyn said thank you Wayne, that is fabulous . (iv) Council Member Tomasso said I want to wish everyone a happy and safe Thanksgiving . (v) Counc il Member Woodward : 1 . He said I would like to mention the lights out on Englewood Parkway and in the piazza. They are beautiful/) n OJ__ 2 . ~d this memo from Commander Sam Watso~ dated Thursday; November 16th , regarding the .!Uerelts llke:tt,e,e we sebste .. ti~ff , l!e&i4'1ba lii4SP6"bds ... i · audible alarms being reduced from 776 to 517 ~~ I 1111111< etcatis quite an accomplishment and should reflect in some real savings., So , it is interest in g that Sam put this together ... I was going to make this a Council request tonight for this information . Mayor Wolosyn sa id I want to thank Safety Services again for work ing w ith us to get something that is so effective . Thanks . 3. He said I want to wish everyone a Happy Thanksgiving . 13 . City Manager's Report (a) City Manager Sears said I want to wish everyone a Happy Thanksgiving . I will be on my way to Chicago to see my son and daughter-in-law tomorrow night . Mike will be around on Wednesday , in case there is anyth ing anybody should want. Have a great holiday . 14 . City Attorney's Report (a) City Attorney Brotzman sa id I want to wish everybody a Happy Thanksgiving . • • * •• Council M mber Oakley aid when Jim mentioned the lights out front ... l too think it is a very nice d pl y how v r , I did notice last year that with the festiv ities around the tree and all the pretty lights that there th1 bl c th.ng , sitting in the background ... and it is our City Hall. I think our building is a very attractive Englewood City Council November 20, 2006 Page7 building and if we could add just a few inexpensive lights on the front, it would help lend to the decor. We might want to consider that. Just a few of those that shine up the front or something like that. Mayor Wolosyn said I think the first year we did have something like that. That's a good point. 15 . Adjournment MAYOR WOLOSYN MOVED TO ADJOURN. The meeting adjourned at 8 :00 p .m . City Clerk Message Page I of 1 Lou Ellis To: Sam Watson Subject: ???? CC mtg excerpt/draft He said this memo from Commander Sam Watson, dated Thursday , November 15th , regarding the Enhanced 866 Qual verification . It looks like there are substantial diffe rences in the time periods ... five one to ten thirty one ... with regard to audible alarms being reduced from 776 to 517 and I think that is quite an accomplishment and should reflect in some real sav ings . So, it is Interesting that Sam put this together ... I was going to make this a Council request tonight for th is Information . Mayor Wolosyn said I want to thank Safety Services again for working with us to get something that is so effective . Thanks . Sam, Any help you can give me to clarify this comment would be greatly appreciated! Lou ..... - SkyPilot :: You're Invited to Our Seminar Pagel of 4 Join SkyPilot Networks for: Deploying Citywide Wi-Fi Networks -A Seminar for Municipalities Wednesday, November 15, 2006 • 9.00AM -1 .00PM • San Luis Room• Grand Hyatt Denver Sky Pilot :: You're Invited to Our Seminar ~, Sky Pi lot · N~S i 1<I ·~~ ! ,, ,. •• ·1, ·• ,. ~ .,I J(, \ And get your FREE copy of the Yankee Group report, "Myths~ ~ealities of Wi -Fi Mesh N~twork~!~ J Seminar Speakers : Ron Braden , IT Manager . Town of Va il CO Tony Hylton . Consultant to City of Aurora IL Dav id Evertsen Principal of Municipal Solut ions , LLC Rory P Conaway , Pres ident & CEO of Triad W ireless Metro-F i, Internet Service Provider for Aurora . Po rtland and Silicon Valley Cen tury te l, lead ing p rov ider of commun ications in small-to-mi d-size ci ties such as Va il. CO SkyP1lot Networks Muni Wi-Fi Applications : • W 1-F1 HotZ ones • Public Safety • Automa tic Meter Rea d in g • Mun 1Gu1de • Cost Savings Guide Seminar Agenda Page 2 of 4 Lo<1tJon ... SkyPilot :: You're Invited to Our Seminar Complimentary Event for Municipal Wireless Decision Makers Hundreds of communities are realizing the benefits of a municipal Wi-Fi network - ,; Economic development and bridging the digital divide ., Ubiquitous broadband access ., Financial savings to municipalities on wireless costs ./ Enhanced public safety and homeland security ., Efficient field based reporting for property inspectors and field employees In th is half-day seminar event for municipal wireless decision-makers , you will learn about the benefits of citywide broadband networks . Hosted by CenturyTel and SkyPilot Networks -the mesh equipment provider for Vail , Aurora, Portland, and Silicon Valley -this event will include relevant topical presentations and a panel discussion from industry experts and customers who will share their experiences and knowledge in deploying wireless mesh networks for cities . At the end of this event, you will gain an understanding of: e Efforts by local communities to spread broadband coverage e Financial considerations and business models for municipal wireless e How to serve multiple government and public applications and constituency needs with a municipal mesh network Getting your local municipal wireless project started can be daunting . This seminar is designed to help guide you through the process effectively and successfully from initial project scope to deployment. We hope that you join us for this free educational event on Wednesday , November 15 at the Grand Hyatt Denver . To register , click on Free Registration below , or contact us at tradeshow@skypilot.com , (408) 764-8035 . - Page 1 of 1 1. 2. 3. Call to order rf; !1/-p.m. Invocation~ 4. Roll call and __ 7 __ present 5 . CC /(4,fe?,minutes Members: Tomasso V Moore V Barrentine V Oakley ~ Mccaslin V: ,,-- Woodward v Mayor Wolosyn ~ ____ absent ~ved COUNCIL · M ting working not Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD,ARAPAHOECOUNTY,COLORADO Regular Session November 20, 2006 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7 :30 p .m . ,o~ 2 . Invocation The invocation was given by Council Member Barrent ine . \\S 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . \O' ?J 4 . Roll Call Present: Absen t: Council Members Tomasso , Moore , Barren ti ne , Oa k ley , Mccaslin , Woodward , Wolosyn None A quoru m was presen t. Also present: City Manager Sears / / City Attorney Brotzman / Deputy City Mana~r Flahe rty C ity Clerk Ellis / Deputy C ity Cle rk Bush / D irector Olson , Safety Serv ig.e s D irector Fonda , Ut ilit ies / Senior Planner Graham , Commun it Develo ?;JV 5 . \ Consideration of Minutes of P revious Session u_) (a) COU NCIL MEMB ER woWJ.if!IT WAS s~mf:fo~PROVE THE MINUTES OF THE REGULAR CITY COU NCIL MEET IN G OF NOVE MB ER 6, 2006. Mayor Wolosyn asked if there was any discussion . There was none . Vote resu lt s: Ayes : Nays : Mot ion ca rried . Council Members Barrentine , Mccasl in , Moore , Wolosyn , Woodward , Tomasso , Oakley None \ ~\ 6 . Recognition of Scheduled Public Comment (a) Calendar . City Council recognized the student artists whose artwork is included in the 2007 Englewood ~fl ~o' i\l.\' ~ ~+~ ~ll~ Bl~ 'Jj)":J ~ L-\{O J;o<J ~y,\ o.tSq . vJ:~ \?<)OJ'~ . / Englewood City Council~ \ ; " JK ~ / . \~ \ ~( ~:;j;~;~t?~~~~~~~¥ Mayo,Wolosyn said ~ ~~!\~ -...---Llr:!.l!l=-~~~~C~:y_~un~cil Me presented them with their /c1ara Gomez, a Fourth Grader at Maddox Elementary School flA2+ ~T /sydney Hyde, a Fourth Grader at Maddox Elementary School /Jamie Stewart a Fourth Grader at Maddox Elementary School /sheala Morrison , a Senior at Colorado's Finest Alternative High School YvOf ~ ~ah Crane, a Second Grader at Maddox Elementary School /Issac Resinos , a Second Grader at Maddox Elementary School ~dwing Barroso, a First Grader at Bishop Elementary School v1vlacaylla Nielsen , a First Grader at Bishop Elementary School ~nnessa DeAndrea , a Kindergartner at Charles Hay Elementary School ./f<aylie Johnson , a Fifth Grader at Bishop Elementary School vAnna Schultz , a Fifth Grader at Cherrelyn Elementary School vefackson Matthews , a Th ird Grader at Cherrelyn Elementary School v1Jestiny Hernandez , a First Grader at Maddox Elementary School /Rylee-Ann Forster , a Third Grader at Charles Hay Elementary School /l.,O+ ~A..-,,f- /Antonio Flamenco , a Sen io r at Englewood High School v1-.1andra DeAndrea , a Th ir d Grader at Charles Hay Elementary School ing this evening to help us recognize th table in the back oft e r~~mfd th re will be a group . ~ :jOU CU)'. ~ ~~ Recognition of Unscheduled Public Comment ~ CL.~ ~' Ther were no unscheduled v1s1tors . 8 Communications , Proclamations and Appointments Tll r w r no communicaltons , proclamations or appointments Consent Ag nd ) Englewood City Council November 20, 2006 Page 3 COUNCIL MEMBER~~ AND IT WAS SECONDE~ co~ AGENDA ITEMS 9 (a) (i), 9 (b) (i) and (ii). /") .-O fii ,f)li}yj{ J_ (a) Approval of Ordinances on First Reading I vvl, f' '"' (i) COUNCIL BILL NO . 49 , INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 37 TO THE SOUTH ARAPAHOE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . _, SERIES OF 2006 (COUNCIL BILL NO . 46, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO , ECONOMIC DEVELOPMENT COMMISSION FOR MARKETING AND ADMINISTRATIVE SUPPORT IN THE ENTERPRISE ZONE . (ii) ORDINANCE NO ._, SERIES OF 2006 (COUNCIL BILL NO. 48, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF TWO PERPETUAL CITY DITCH EASEMENTS AND RELEASE OF NOTICES ALONG THE CITY DITCH RIGHT-OF-WAY LOCATED AT 3034 SOUTH SHERMAN AND 3066 SOUTH SHERMAN . Vote results: Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None Motion carried . (c) Resolutions and Motions There were no additional resolutions or motions submitted for approva l. (See Agenda Item 11 (c).) Public Hearing Items No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading S~(p (i) Director Fonda presented a recommendation from the Utilities Department to adopt a Bill for an Ordinance modifying portions of the Water Utility and Sewer Utility Sections of the City Code . COUNCIL MEMBERVl~o IT WAS SECONDr~gV~NDA ITEM 11 (a) (i) - COUNCIL BILL NO . 47 . COUNCIL BILL NO . 47 , INTRODUCED BY COUNCIL MEMBER~ A BILL FOR AN ORDINANCE AMENDING TITLE 12 , CHAPTER 1, SECTION D ; CHAPTER 1A , SECTION 8 ; AND CHAPTER 2 , SECTIONS 1 AND 3 , OF THE ENGLEWOOD MUNICIPAL CODE 2000 . En.glewood City Council November 20, 2006 Page4 Vote results: Ayes : Counc il Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None Motion carried . (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) Senior Planner Graham presented a recommendation by the Community Development Department to approve, by motion , the award of the Mary Carter Greenway public improvement construction contract. Staff recommends awarding the contract to th\lowest qualified bidc;ler , Sabelle 's En~e~the amountof$229,749.00. ~f I :>'St ODD ~{D -----,r---- VCOUNCIL MEMBER~PAND IT WAS SEC~P~WARDING THE MARY '\.i CARTER GREENWAY PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT TO SABELLE'S ENTERPRISES, IN THE AMOUNT OF $229,749 .00 . Vote results: Motion carried . '7,,o Of'P'v d. Ayes : Council Members Barren ti ne , Mccasl in, Moo re , Wolosyn , Woodward , Tomasso , Oakley Nays : None /) q O 12 . General Discussion ~ ~IA A1tAL. -hvt_ ~ (a) Mayo~s Choice ~~Iv,~ 1\4.ayoc WolosyQ d id Ret l:lave eAy A'leUers te eriA~ before t;g1,1AQ ij,. (b) cr13 Council Members' Choice (i) Council Member ~ JU....; (ii) Council Member rn ~U/Jc_/ (iii) Council Member (Y) /,()Y l,,, ~Jw (iv) Council Member ~ En'glewood City Council November 20, 2006 Page 5 ~ (v) . .,...-,,_"" J"I ~ Council Member (DY~,,' - i0 (vi) Council Member~ (j) 13 . City Manager's Report ~ City Manager Sears did not have any matters to bring before Council. ~~ 1bsa-~ 14 . City Attorney's Report 15 . Adjournment , Q q'?ci MAYOR WOLOSYN MOVED TO ADJOURN . The meeting adjoumed at Ll.m. City Clerk 1. 2. 3. 4. 5. Call to order. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, November 20, 2006 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 ' Invocation. ~ Pledge of Allegiance.~ Roll Call . rid 7 ~ Consideration of Minutes of Previous Session . ..... IJ 7 Minutes from the Regular City Council meeting of November 6, 2006.~ 6. Recognition of Scheduled Public Comment. (Please limit y our presentation to ten minutes .) a. City Council will recognize the student artists whose artwork is included in the 2007 Englewood Calendar: • Clara Gomez, a Fourth Grader at Maddox Elementary School. • Sydney H y de , a Fourth Grader at Maddox Elementary School • Jamie Stewart a Fourth Grader at Maddox Elementary School • Sheala Morrison, a Senior at Colorado's Finest Alternative High School • Leah Crane, a Second Grader at Maddox Elementary School • Issac Resinos , a Second Grader at Maddox Elementary School • Edwing Barroso, a First Grader at Bishop Elementary School • Macaylla Nielsen, a First Grader at Bishop Elementary School • Annessa DeAndrea, a Kindergartner at Charles Hay Elementary School • Kaylie Johnson , a Fifth Grader at Bishop Elementary School • Anna Schultz, a Fifth Grader at Cherrelyn Elementary School • Jackson Matthews, a Third Grader at Cherrelyn Elementary School • Destiny Hernandez, a First Grader at Maddox Elementary School • Rylee-Ann Forster, a Third Grader at Charles Hay Elementary School Englewood City Council Agenda November 20, 2006 Page 2 • Antonio Flamenco, a Senior at Englewood High School • Alandra DeAndrea, a Third Grader at Charles Hay Elementary School • Sophia Vamvakias, a Third Grader at Charles Hay Elementary School 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time for unscheduled public comment may be limited to 45 minutes and if limited shall be continued to General Discussion .) ~ 8. Communications, Proclamations, and Appointments . £Y d?-?J'ent Agenda Items. ~ Of}/ a. Approval of Ordinances on First Reading. i. _Council Bill No 49 -Recommendation from the Water and Sewer Board and the Utility Department to adopt a Bill for an Ordinance approv ing Supplement #3 7 to the South Arapahoe Sanitation District Connector's Agreement. STAFF SOURCE: Stewart H. Fonda, Director of Utilities . b . Approval of Ordinances on Second Reading . {J)!I-tJ1_ i. tr2J!5ii Council Bill No. 46, accepting a $1 2,500 grant from the State of Colorado Economic Development Commission. Council Bill No. 48, approving Grants of Easement and Release of Notic es for 3 066 and 3034 South Sherman Street. c. R~ Motions. 10. No Pff ring Sc h edu le d. 11 . Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. b . i. Council Bill No. 47 -Recommendation from the Utilities Department to adopt a Bill ~ to r an Ordinance~odifying portions of the Water Utility and Sewer Utility Se;~n r,",1 of the City Code. STAFF SOURCE : Stewart H. Fond a, Direct or of Utiliti es. (/D / ,~ p ,tX.,,..; App~f Ordinan c es on Se cond Reading. Englewood City Council Agenda November 20, 2006 Page 3 c. Resolutions and Motions. 1 0 &1 ,,....-m Recommendation by the Community Development Department to approve, by f Motion,,,.the award of the Mary Carter Greenway public improvement construction contract. Staff recommends awarding the contract to the lowest qualified bidder, Sabelle's Enterprises, in the amount of $229,749. STAFF SOURCE: Mark Graham, O Senior Planner. ~ 12. General Discussion . a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. Please not : If you have a disability and need auxiliary aids or services, please notify the City of Englewood (3 0 3-7 62 -2407) at least 48 hours in advance of when services are needed. Thank you .