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HomeMy WebLinkAbout2004-01-05 (Regular) Meeting Agenda Packet--·• • • ... · ...... •': J ' ..•. ..... . •' .. .. t :,: ·:~ ~ .. . . • . .. .. • ;. .... ~ . . .. •·-· . . .. ,• .. .. .. ' !· . . •,-·~~ .. . . •,. . " ~ .... • l'-____ ·,_.· •• j" _· ..c...~---·-·-·-:~ Regular City Council Meeting January 5, 2004 Ordinance IV, 7, ;>{/. 5, 6 Resolution IV" (. 3, 4, 5, 6 • . . .. . . . .•. • . . . . •· \, . .. • ' • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session January 5, 2004 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7 :40 p.m. 2 . Invocation The invocation was given by Council Member Barrentine. 3. PleclgeorAlleglance The Pledge of Allegiance was Jed by Mayor Garrett. 4 . RoUCall Present: Absent: A quorum was present. Also present: 5. Minutes Council Members Tomasso, Moore, Barrentine, Garrett, Bradshaw, Yurchick Council Member Wolosyn City Manager Sears City Attorney Brotzman Assistant City Manager Aaherty City Clerk Ellis Senior Planner Langon, Community Development Director Simpson, Community Development Director Olson, Safety Services Director Gryglewicz, Finance and Administrative Services Director Ingle. Information Technology Director Long, Library Director Kahm. Capital Projects Manager of Administration Bock. Utilities (a) COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF DECEMBER 15, 2003. Mayor Garrell asked if there wa s any di sc ussion, comments or corrections. There was none . Vote results: Ayes : Nays : Abse nt: Mo tio n carried . 6. Scheduled Visitors Council Members Barrentine. Moore , Bradshaw, Garrett, Yurchick, Tomasso None Council Member Wo losyn t .. ... J • • - Englewood City Council January 5, 2004 Pagel There were no scheduled visitors . 7. Unscheduled Visitors There were no unscheduled visitors. 8. Communications, Proclamations and Appointments There were no communications, proclamations or appointments. 9. Public Hearing (3· ( ' (a) Mayor Garrett advised that this is a public hearing to gather citizen input on Council Bill No. 83, approving the Unified Development Code. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 83, APPROVING THE UNIFIED DEVELOPMENT CODE. Ayes: Council Members Barrentine, Moore, Bradshaw. Garrett. Yurchick, Tomasso Nays: None Absent: Council Member Wolosyn Motion carried and the Public Hearing opened. All witnesses were duly sworn. Senior Planner Langon said for your consideration tonight is a Public Hearing for a bill for an ordinance to adopt the Unified Development Code. which is the repeal in its entirely of Title JO: Land Subdivision and Title 16: Zoning Regulations of the Englewood Municipal Code. The first reading was on December 15. 2003. Proof of Publication of Notice of this public hearing. which was published in the Englewood Herald on December 19, 2003. has already been submitted to the City Clerk. Council is very familiar with the Unified Development Code, after multiple sessions and meetings. This is a three plus. concentrated, year project and multiple years beyond that ... m rewrite the Zoning Ordinance. The first zoning ordinance in the City was in the 1940's and rewrites occUITed in the 1950's 11nd 1960's. The last major revisions were in 1985 . Numerous amendments have occUITed in that time period since 1985, with a number of inconsistencies and outdated references that made the Code difficult to use and administer and understand . Council directed staff to prepare a coordinated subdivision and zoning regulation update, to minimize those inconsistencies and problems within the Code, to provide standardized development procedures. flexible development opportunities and clearer standards. That was our direction and that is what we hope we have achieved in the Unified Development Code. The Planning Commission. at a Public Hearing. considered the Unified Development Code on September 16. 2003 and that Commission recommended approval of the Unified Development Code by a vote of 7 to 0 . The Unified Development Code is a comprehensive revision of the zoning and land subdivision regulations that reorganizes and updates those regulations into a single coordinated document. Our goals were to maintain the essential character of the existing zone districts, to update the Code, to simplify the administration and procedures of the Code and to establish flexible development opponunities based on clearer standards. Under the proposed UDC. no land is being rezoned . You have, within your packet. a new zoning map. The zoning map is part of the Unified Devc)<>pment Code. New names have been applied to some of the districts and they are listed in the overview. which is attached to the staff report. There arc no substantive c hanges to several sections, including landscaping, parking, signs, historic preservation, flood plain. teleco mmunications and non-conforming use . Those areas will be considered in Phase 2 or, potentially, even mo re phases . Those areas will be considered at future Council Study Sessions to identify the priorities and the orde r in whi c h we wo rk o n each o f those sections. Because of the total reformat of the Code, a line-by-hne comparison . that you are typically used to. is not available and that is why the overview has been anached to provide an overview of the changes within the Code. There arc four types of changes. There an: techmc al ha ng~ st.ch as the format itself and the flow-charts and tables have been included m the new UDC to make u ' .· .. • • 0 Englewood City Council January S, 2004 Page3 0 0 . easier to use and understand. There is some new material that is not in the current Code ... definitions and standards, such as storm water drainage r.nd erosion control. Those are areas that have not previously been within the Code. There is new material, which brings us up to community standards. There are minor updates for clarity and to codify policies that the City has followed for years, such as the effective date of a plat. The zoning map is an example of the update, where only the names arc changed ... the land is not being rezoned in any way, shape or form. Then the key changes arc the substantive policy changes and those we reviewed at the first reading. They arc the establishment of the Residential Design Standards, including bulk plane requirements, garage placement, setbacks and building height requirements, and a new Transit Station Area District zone category. Again, no land is being zoned to that category, it is just creating the zone district. There arc new procedures incorporated into the UDC for Limited Review Permits and Temporary Use Permits. There is new variance criteria and Administrative Adjustments for typical zoning variances that arc minor in nature and will be able to be handled administratively. New procedures for Land Subdivisions and the removal of an unused zone district, the R-2-C/SPS Residential District. that was never, ever applied. We have been addressing the update of the ordinance through the Web, there is a copy available in the Library, there are CD's available from the City Clerk's office, notices will be available once we move through the Public Hearing phase and adoption of effective dates so that we know what's going to be presented. They will be presented in the Citizen. and at the Building division counter. We arc developing a Frequently Asked Questions report and we arc still working on a method to contact the building contractors so that they arc aware of some of the changes within the Code. As I said, in Phase 2, which begins this spring, we will be looking at other areas and we'll be having discussions, with Council, to set those priorities. Those arc areas that will definitely involve more public involvement, because they arc more specific topics. The changes presented here involve a format change, changes for the sake of clarity and updates to bring things up to current standards. Ms. Langon said if there are any questions, I would be happy to answer them. Mayor Garren asked if there were any questions. Council Member Yurchick said I have one question for clarification or it may just be a typo. The PUD 6 ... that you have marked on the map ... Univcrsity Homes ... is that this linlc area off of University, between Cornell and Dartmouth, which says PUD 4? It is so small, I can't even read it with my glasses. Ms . Langon said in that area.just north of the Korean Emmanuel Church at Dartmouth and University, there is a vacant lot. Council Member Yurchick asked if it should be PUD 6 and not PUD 4? He said we have a PUD 4 down by Craig. Ms. Langon said the linlc area at University should be PUD 6. Mr. Yurchick said it says 4 on mine. that is what it looks like, but I can't tell because it is so tiny. Ms. Langon said I will double-check it on a larger map to confirm that it is PUD 6 . Mayor Garrett asked if there were any other questions for Ms. Langon. There were none. Mayor Garrett thanked Ms. Langon. Don Roth , 2 830 South Sherman, said as a member of the Planning and ~ming Commission, we spent a great deal o f time working on this . The staff spent a huge amount of time working on this issue and, unlike the Broadway Plan, this isn't a vision, this is actual Code ... it 's law. I am kind of surprised that no one from the public ha a viewpoint on it . The Planning and Zoning Commission considered a number of viewpoints as we looked at thi s Plan. We looked at it from the viewpoint of people who want to make improvements to their pro perty, looked at it from the viewpoint of people who design those improvements, people who build the impro vements and of course, the staff position. as they will have to administer all of this Code. The one vi ewpoint. 1hat I'm not sure that we gave full consideration to, is the viewpoint of the people who will be c alling you when one of these houses goes up next door to them. In particular, one thing that makes me a little nervou about this is 1hc starting point o h bulk plue height at 12 feet . The majority of the residences 1n Engle wood arc mglc-tory re idcnces. Staning at a bulk plue. on a SO foot loc. S feet from the propert line al I:! cct . a ll ws you a full two-story house . and 1f they become a httle creauvc and look at some o f the tlungs that re a llowed m there .. hkc the ab1ht y to pro,cct 1111 the bulk plue with pbles ... they can squeeze a two and a half torv house int o a height that ,.c an a lk>101n1. 10luc h is much . much taller than anyth1na that I out thcfe ' ,·., .. • • • Englewood City Council January 5, 2004 Page4 now, or in most neighborhoods ... let's put it that way . It docs make me a little nervous, as shadows cast by this ... during 6 months of the year, the total height of the building will be the ruling factor and those shadows can extend across the major portion of any property to the north on a 50 foot lot. Myself, I would like to sec that bulk plane lowered. Granted, we want to sec more development, but on the other hand, we may be stepping into something that we don't want to step into, by allowing it to go quite that high, especially considering that we have increased the total building height by another 20% over what the current Code allows . By going lower, it still docsn 't preclude someone from using a higher bulk plane height. It could be achieved through the variance process, where at least the neighbors have an opportunity to comment on that. Under the current Code, with the 12 foot height, the neighbors have no ability to comment whatsoever ... it is a use by right. That is really all I have to say . Other than that, I think it is a great piece of work. I think we, and the staff, have done a great job. I think it will be a real plus for us . Thanks, he said. Council Member Moore said may I ask Mr . Roth a question? Don, I was curious ... regarding your bulk plane concerns ... are you a lone voice from the Planning and Zoning Committee on that front? Mr. Roth said I suppose so . That's where I think more consideration was given to the other viewpoints and not much to that viewpoint . Mr . Moore said I assume that issue was probably debated relatively heavily? Mr. Roth said , actually , it was a rather short debate. Mr. Moore thanked Mr. Roth . Cyndi Krieger, 2987 South Cherokee Street, said I was probably the one on the other side from Don. I am also on the Planning and Zoning Commission, although I am here more as a private citizen. I added a second story onto my house JO years ago and it was difficult under the current wning. I had my concerns. We arc losing so many kids, especially from the upper grades and it is so difficult for a family to stay in Englewood . I combined a family and made it even bigger and it was impossible to find a house that would fit my family . We were lucky we had a big lot or we couldn't have done it. I think it is very important . I understand what Don is saying, because it does cast a fairly large shadow on a neighboring house, but at the same time, we also have to have the ability to have the families, that we need, to keep our City going . You can't put a full second story on most houses on a 50 foot lot, even with the 12 foot bulk plane height. Not a full second story, tbc entire width of your house . And. as small as some of those houses arc ... on the 50 foot lots ... you're not going to get much of a second story , by the time you put a stairwell in there . So, I think it is a wonderful thing that we have expanded the building envelope. both out and up. but I think the bulk plane does help to mitigate that. I'm a contractor also , so I know how many people have tried and tried to build in Englewood and have not been able to. because of our current wning. So, it is really wonderful that we have done this and I think it will help us tremendously . Also . I think it is a great improvement in usability. because, once again, I have used it as a contractor and I know how difficult it is to figure it out . Thanks, she said . Ma yor Garren thanked Ms . Krieger. Mayor Garren asked if there was anyone who wished 10 address the Council. No one else came forward. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 83, APPROVING THE UNIFIED DEVELOPMENT CODE. Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Yurchick , Tomasso Nays : None Absent : Council Member Wolosyn Moti on carried and the Public Hearing closed . Mayor Garrett sai d I believe thi s will come back on the agenda in two weeks for second reading . Counc il Member Brad shaw s 1id we did put our change in . Mayor Garren said yes . Council Bill 83 rcOccts the changes we made . ., ' ... . .. • • Englewood City Council January 5, 2004 Page5 10. Consent Agenda (a) Approval of Ordinances on First Reading There were no items submitted for approval on first reading. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (I), (II), (W) and (Iv) AND 10 (c) (I), (II), (W) and (Iv). (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. I, SERIES OF 2003/2004 (COUNCIL BILL NO. 89 , INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR LEASE OF THE ENGLEWOOD BOOKMOBILE BETWEEN THE CITY OF ENGLEWOOD AND DOUGLAS COUNTY . (ii) ORDINANCE NO. 2. SERIES OF 2003/2004 (COUNCIL BILL NO. 90, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING AN EASEMENT AGREEMENT FOR PIRATES COVE BETWEEN THE CITY OF ENGLEWOOD AND PUBLIC SERVICE COMPANY OF COLORADO. (iii) ORDINANCE NO. 3, SERIES OF 2003/2004 (COUNCIL BILL NO. 91, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE REPEALING THE SUNSET PROVISION FOR THE TRANSPORTATION ADVISORY COMMITTEE. (iv) ORDINANCE NO. 4. SERIES OF 2003/2004 (COUNCIL BILL NO. 93, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING A CITY DITCH CROSSING LICENSE AGREEMENT ANO A TEMPORARY CONSTRUCTION EASEMENT FOR A ABER OPTIC CONDUIT BETWEEN COMCAST OF COLORADO IX . LLC AND THE CITY OF ENGLEWOOD. COLORADO . (c) Resolutions and Motions (i) RESOLUTION NO. I. SERIES OF 2004 A RESOLUTION DESIGN A TING THE BULLETIN BOARD ON THE NORTH SIDE OF THE SECOND FLOOR OF THE ENGLEWOOD CIVIC CENTER AS THE OFFICIAL POSTING PLACE FOR ALL LEGAL NOTICES OF THE CITY OF ENGLEWOOD FOR 2004. (ii) RESOLUTION NO . 2, SERIES OF 2004 A RESOLUTION AMENDING THE CITY OF ENGLEWOOD'S ICMA -RC 457 DEFERRED COMPENSATION PLAN . (iii) PURCHASE OF A PATROL VEHICLE FROM CHAMPION CHEVROLET IN THE AMOUNT OF $29,012 .00. (iv) BILLING SYSTEM . PURCHASE OF THE HARDWARE PLATFORM FOR THE CITY'S UTILITY t .. ,• J • • Englewood City Council January 5, 2004 Page6 Vote results: 0 Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett, Yurchick, Tomasso Nays: None Absent: Council Member Wolosyn Motion carried. 11. Regular Agenda (a) Approval of Ordinances on First Reading There were no items submitted for approval on first reading. (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading. (Sec Agenda Item IO -Consent Agenda.) {c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (Sec Agenda Item 10 -Consent Agenda.) 12 . General Discussion (a) Mayor's Choice (i) Mayor Garrcu ·said there is an anicle that was sent to the Web site dealing with the National Safe Kids Campaign. I will pass this around for those that might be intcrcsted in seeing this. (b) Council Members' Choice (i) Council Member Barrentine: I . She said I wanted to give some kudos to the Police Department. I got a call from a resident on Sherman who was very happy with the way a police officer handled a situation with pets that knocked their fence d own. They were very accommodating and. while they didn't want to embarrass anybody. they just wanted to say they appreciated the community feel and how they handled that . But, she said, they wouldn't give me the name of the officer because they thought it would embarrass him, so they just said thank you to the Police Department. 2. She said on another n ,c also related to the Police Department, Bill and Carol Belt who were in this community ... Bill Belt was a police officer in this community for a long time and they moved to Walsenburg in Marc h of last year ... have had an unfortunate accident in their family . They lost a grandchild, 12 years old, and they have two other grandchildren in the hospital at this time. I just wanted to extend my prayers and thoughts to them and thought that anybody that may know them. might want to do the same,. (i i) Council Member Moore said I have a few issues related to tonight's study Session. Personally I think it was very helpful to get a sense of what is going on with the Denver Seminary development . My next ques tion is. when exactly i the community meeting? I heard then•. but what wu the time ? Ms . Langon said I believe it 's at 7 :00 p.m. at the Denver Seminary and I can send you the information and the room number. which I don't recall offhand . Mr. M re said that would be helpful . How i the nc,pborhood bein& notified ? Beca use . I know I had not lcamcd of it through l-ommunity channels. Ms. Lanson Aid the PUD ordinance requires th at property owners. \t:thin 500 feet of the ite, be notified and the apphcanc has actually t ... • • - Englewood City Council January 5, 2004 Page7 gone slightly beyond that 500 feet, which covers an area of about half or two thirds of Kent Village. They actually completed Kent Village and up Race Street, Floyd Avenue and Floyd Place. Also, the notification is not limited to just Englewood residents . Actually, Cherry Hills Village, Arapahoe County and just a few houses within Denver, received notification. Mr. Moore said okay, very good . Mr. Moore said I have a follow up question, I would like to try to get resolved ... as David Tryba did mention his view of the maximum height. If possible before the next meeting, I would like clarification of how high he really could push the buildings, if that was his sole intent ... so what kind of falls under his by right. Then just the final question is that some of the residents have asked if, before the next meeting, they could just get copies of the same material that we had in our packet. If it is possible, if maybe I could get five or six copies that I could give them to some of the neighbors and share them. The time frame is a little tight, but if you just let me know, I will pick them up . City Manager Scars said I know they gave us 24 copies, but I am not sure how many we were able to send out to staff and Council, but I know we could easily get 5 to 10 copies over to you . Mr . Moore said that would be great. Mr. Scars said we will get them over to you tomorrow. Mr. Moore said very good, thank you . (iii) Council Member Bradshaw: I. She said Happy New Year. 2. She said there are some problems with an intermittent light, and I guess this would be under Ken Ross. and he is not here , or Ladd Vostry. The light at Kenyon and Windermere, as you come down and around the Sports Authority, the light is intermittent, if it works at all, at night. .. the street light there. It is almost like it is on the wrong corner. Can we look at that? I don't know that we can change it, but can we at least make sure it is working? 3. She said I had a brief discussion with Brian at Mile High Coffee and he is really excited about getting the Farmers' Market going this year. He wanted to know if there would be Council support for him to do that with the Loyalist & Patriot guy . Whal they really want to do is try to work out a COOl'llinatcd effort like on Tuesday nights when we have the kids down there, for the kid activities, and Thursday nights we have the Dry Creek Concerts. Arc they moving over to CityCcntcr? Okay, they arc moving over. Maybe if we could combine our efforts. because on Wednesday nights he can get a Farmers Market in here. It is just that Saturdays arc so hard. So maybe, she said, we could look al this. City Manager Sears said we have Amy Doe working with us, as part of our staff, but she's actually paid for by EEF. Amy's goal is to try to coordinate all of the different activities. So, I think we could make Amy the point person on thi s . Council Member Bradshaw said my concern is that it sort of sounds like it is merchant driven, rather than City driven, aml I like that synergy . I think it is nice that they are willing to step up to the plate. So, if we could form it like a committee with merchants, with Amy planning the activities. Because, it would be nice to have an activity down there every Wednesday night in conjunction with that . Maybe we could move some of our Tent Talks there, or whatever. I mean, I just think that we arc missing an opportunity. We have two businesses that are very, very interested in working with us and Brian k.nocked himself out last year and got Ettie or no he lp , because the people go to a bigger place on Saturdays . But if we could really coordinate that, now is the time to do it . before s pring. What does Council think ? Bob S impson said I actually would just interject that I agree with all of that . We have a contract, actually. to do the Farmers' Market . It was originally created between a different entity, a Farmers' Market entity. that was bt!tween that Farmer ' Market Group and EEF. It is with EEF simply because it operates on EEF property. But . M s. Bradshaw said , they all walked last year. Mr. Simpson said right and thal was one of the problems we encountered in that partic ular Farmers' Market Group. which we felt was not operating to a really successful capacity . We looked al it . a nd that is when Brian stepped in and was willing to do some extra effort and take over. We allowed him to take over that contrac t and he has chatted with us about the need. interest and desire to ' ... .. • • Englewood City Council January 5, 2004 Page8 • 0 work Lo try to create a bener, stronger market. We have indicated to him that we would like to be able to extend that contract to him. It will have similar aspects to the other contract that we have to have, because we have other tenant interests that we have to make sure are addressed. But absolutely, working with Amy and coordinating some of these activities, will make it a stronger Farmers' Market and that is something that I think everybody wants. So, he said, I will be happy to continue to work and make this belier. Council Member Bradshaw said I just think it would be such a neat thing for everyone. Then if you want your groceries or you want your produce, then you go to Englewood on Wednesday nights . That would be really unique in the Denver area, rather than all the competition we have on Saturdays. Mr. Simpson said I think gelling somebody who is interested in doing this and making sure they are getting those businesses in, is going to be a really a significant factor in making it successful. I think the company that was doing it last year, had a few family issues. Ms. Bradshaw said they really dropped the ball . Mr . Simpson agreed that they really dropped the ball. (iv) Council Member Yurchick : I. He said, regarding the buildings on the north side of the circle drive, when are we going to have tenants ... have we heard anything? Mr. Simpson said that property is still in litigation between Miller Weingarten and Trammell Crow. I believe our special counsel, Mike Miller, is looking at trying to see if we can smooth that through the process, begin trying to figure out how those spaces may be leased, and see if we can get some people in there, despite the litigation . Council Member Bradshaw said is that why the CAM is going up so much? Mr. Simpson said no. So, Mr. Yurchick said, it looks like it will be quite a while . Mr. Simpson said not necessarily. Yes, it potentially could be. That lawsuit could go on, if it doesn't get settled positively. But, I think it is in our best interest, as a City. to see if we can get that senled. There is a demand for those stores. We have had people who arc interested in being there and they just haven't been able to locate there due to the lawsuit. So, if we can get those two to communicate, it will be very positive. Trammell Crow Residential ended up closing on that property. as you know, without having done what they were supposed to do. It was a very bad situation and we are just having to deal with that at this time. ' Council Member Bradshaw said I have another question. Could those work as artist studios and living quancrs? Mr. Simpson said they arc flexible use space, but I would have to check the zoning again to sec if they could be lived in . I would say probably. but I would have to check the zoning on that to be certain. Ms. Bradshaw said I think that would be a ni ce array of tenants to have over there . Mr . Simpson said yes, we have artists who have shown interest in that space and would like to have it. We have had book stores, tanning salons, attorney 's o ffice s. architects and landscape architects offices express interest. So we have had interest, it is just senling the lawsuit. It is not a demand issue, like many people may think it is. Mr . Yurchick said I was just curious. 2 . He said thanks for the numbers, Frank. Now my question is. do we have $91,000.00 that we can spe nd "/ Mr. Gryglewicz said no, those arc paper losses. I don't have the sheet in front of me, but the Ge11CTal Fund is allocated a certain portion of that. We tend to hold our securities. that we invest in, to maturity. So, in reality, over time . we will recoup those losses. because they are only paper losses. When they actually mature , we will cash them in at full value . But, Mr . Yurchick said. we have written that money off of our available cash . Mr. Gryglcwicz said actually what wedo, is we just net it out against our earnings. So you could add it back . You would have to do it every month . but it would be very difficult . I mean. o n the other hand, if your investments started earning more money !hen you would ac1ually have 10, in theory, reduce your earnings. So, you would really flu c1ua1c. It would be very difficull to budget. One month you could say I am going to hire you. the ncx1 month the in1ercs1 rate change. now we aren'I so s ure . ' . .. .. • • --·· Englewood City CouncU January 5, 2004 Page9 0 0 But, Mr . Yurchick said, I'm not so much looking at monthly, but looking at year nd. Yo u know we were looking at a year-end number, which we were off ... or, potentially, there is $91,000.00 a vailable . Mr. Gryglewicz said yes, potentially there is. But, Mr. Yurchick said, you don't want to spend it. Mr. Gryglewicz said I don 't think I would want to budget that way, because you are constantly having to adjust your books and looking at telling someone that, depending on interest rates, you could or could not be here . I don't think it is a good budgeting practice. But, Mr. Yurchick said , it works against us in inflationary times, because we arc overspending our available cash, right? Well , Mr. Gryglewicz said, if interest rates were to increase, you would potentially show losses. If interest rates decline in the market, then you would have gains and they would eventually work themselves out. I mean, you could add it back, theoretically, and show that, yes, this paper loss will at some time be realized and be made up and they always do, because, if we have investments that are under water, we tend to hold them until maturity, which the losses, when it matures, is gone. I mean , you can add it back in there, theoretically, and look at that at year-end , you're right. But to budget to that number and say here is $60,000.00 ... I don't know if I would want to do that. But, you arc correct. As you can sec on that pie chart, the majority of those losses or gains would be allocated to the Enterprise Funds, specifically the Utilities, who, for the most part, have all the cash. But, you arc right, you could do that. (v) Council Member Tomasso: 1. He said I would like to thank Mike Flaherty for his continuing effort with the dog park issue . I keep getting the corres pondence. 2. He said was there anything resolved with 2850 South Sherman, where the neighbors complained about that property? City Manager Sears said thi s is the issue you raised with Chris Olson? Mr . Tomasso said thi s is the one with the cars parked on it. The neighbors said he had a complaint filed last summer and they were looking into it and it is in much worse condition now than it was last summer. Mr . Sears said is this the one we talked to Sergeant Sanchez about? Mr . Tomasso said I think it was the Swanson property. I came in Monday and talked to Sue about it . City Manager Sears said okay. I don't know . We will do a follow-up with you on that. Mr. To masso said it is probably 2850, there is no address on that. It is a vacant piece of property. Cit y Manager Sears sa id o kay and the complaint was from a c itizen, a neighbor, about parking cars? Mr. Tomasso said he said he had been compl a ining a bout the property a nd Code Enforcement had been looking at it, b ut it is muc h worse th an it was last s ummer. I think it is just being used as a parking lot. City Manager Scars said I will have info rma tio n for yo u in the nex t day or so. City Manager Scars asked Chri s Ol son to get a res ponse back o n that . 3 . He said the Hi sto ri cal Soc ie ty was lookin g for their soapbox c ar, which may be up in the rafters o f the Depot. He. as ked if there is a nyo ne who knows anything about that , and possibl y the baggage cart, which is some where at the Scrvic entcr. If we could j ust get a nod , saying that it is there. They are starting to do an inve nto ry o n where e verything is at and they just want to make s ure it is there. City Ma nager Scars said we wi ll do a fo ll ow-up with that. 4 . He said m y iss ue wi th the Commercial Federa l Bank a nd the di sc us io n \ll'C had last week with the citizen , is tha t we arc lookin g at a building where we are getting x-number of dollars in propert y tax and if you replace that b uild ing with a double wi de, we are lo ing money . You know if you come in wi th a doublewide trai ler and downsize the b uilding and re pl ace it, don't we lose property tax, basically? And the ocher value we arc lo mg, is if yo u have a bu ild ing that has been des igned by a recognized arc h itect and you come in with .. ,• • ' • 0 Englewood City Council January S, 2004 Page 10 someone who doesn't have those kinds of credentials and puts up a building, you are getting less value. We are also losing office space that could be used for start-up businesses. The other thing I looked at was the demolition permit. If we have a Broadway Plan and all you need , to come in and get a demo permit, is to say you own the building and have a contractor, you can get a demo permit and punch holes in our plan, basically. think that is what happened with the car lots. There is no design oversight on what can be tom down in a commercial space? So, if you have no control over your demolition contracts or design review, you can come in, take down the property next to you and extend your car lot. I think that is what happened with the car lots. The way I am analyzing it. And if you do develop a Broadway Plan, what's to say, if you keep the demo contracts the way they arc, that somebody can't just come in and demo an old building that you arc kind of calculating to be in the middle of your plan. Mr. Yurchick said it is called free enterprise. But, Mr. Tomasso said, it is also like downtown, it is also like clear cutting a forest. If you come in and clear cut the forest, you don't have a forest left. If you selectively harvest that forest, you still have a forest. And if you look at our downtown section, we clear cut one block of that, basically. And that is that parking lot in front of King Soopers. We have one block left . There arc hollow spots that were clear cut behind that block, and the next section south, and it hasn't recovered. It hasn't grown back. So it is something that we need to considcr ... that free enterprise demolition policy and where it is getting us . Mayor Garrett said except that King Soopcrs was approved by Council ... the clear cutting of that. That was a policy of the City at the time. But, Mr. Tomasso said, I think you would have to analyze it like you would analyze maintaining a forest. because you only have so many trees to deal with and if you cut them all down, you don't have a forest anymore. Council Member Yurchick said if you owned the forest. the management is your responsibility. If it is a U.S. Government forest. they manage the cutting. If it is privately owned, Weyerhaeuser decides how they want to cut the forest. if they want to clear cut. But that is clearly the owners' decision. But, Mr. Tomasso said, in a jurisdiction like this, it affects the neighbors. lt's ·like you can put up a six story house on your property and it will affect the neighbor's property because of the shadow. How many buildings do you want 10 tear down before you don't have a downtown? Detroit did that. They came in and tore down the downtown section. You go to downtown Detroit and there were no buildings. And Denver did that a lot. It is cheaper to tear down a building and put in a parking lot, but all of a sudden you don't have what looks to be a downtown. like you would have in Manhattan. So. he said, I think there has to be a balance there some place. Council Member Bradshaw said I think with a Broadway Plan in place ... which it could have been by now, had it not been such a huge campaign issue ... that would have helped, because that would have been a node, as it were. at Quincy and Broadway. But now that there is no Broadway Plan in place, based on campaigning by certai n members, I think it is all up 16 free enterprise now. But a lso. Mr . T omasso said . I think if yo u have a plan, yo u arc going to have to look at your demo permit plan too. beca use what if there is something else, other than auto dealers, that can come in and use vacant property. The City is going to lose their tax base, because you arc losing your property tax if you convert everything into a blank lot. You don't have any buildings to tax on that blank lot . But gain. C ouncil Member Bradshaw said. that is free enterprise. If somebody owns a lot, they want 10 raze it a nd put in a c ar lo t. that's free enterprise. What we arc trying 10 do is to get a higher and better use. but we arc 11,ay behind now. We arc hkc four months behind on even getting that. ounc1l Member Yurc h,c k said can I ask you a question Frank? So they put a doublewide trailer on there and lower the tu , a lue. What are we talking a bout , a couple thousand bucks a year 11 the 1D051 ? ~r Grygloicz said it really depend If you converted from commercial to residential use. that i a bi&, big JUmp. because ommcrcial I ssed at about three umes npt now. So that i a big hit, but our property taxe MC fairl y IQ11, ' .:._ .. • • 0 Englewood City Council January 5, 2004 Page 11 ·• • 0 But; Council Member Yurchick said, taking a large commercial building and making a smaller commercial building has a minimal impact on what the City would receive. Mr. Gryglewicz said it would probably have a fairly minimal impact, unless it happened in mass and then it, potentially, could have a big impact. Council Member Tomasso said I was just looking at that, trying to decide if it is something we really need to look at. If that is where the problem with the car lots started ... with demolition. If you can just go in and remove the lot next door, pay less property taxes on it, because it is vacant and it doesn't have a building on it, and rent it to somebody for $3,000.00 a month, which is more than you could have gotten for the building. If you start doing that and you get the next property, and the next property and the next property, all of a sudden you've got all car lots. Council Member Bradshaw said hence the need for a Broadway Plan. Mayor Garrett said that specific issue is one reason we have the moratorium in place. Bob talked about extending it, because there is a balance we all struggle with ... the property owner's rights to the property they have, versus having just a solid sheet of car lots going down Broadway. That is the reason we put a moratorium in place. We are hoping to work out a compromise with the owners, that makes sense for all parties. Council Member Yurchick said could I ask Bob a question now? Are they going to do more with that lot than just put up a doublcwidc trailer or arc they going to develop it and build something else. Mr. Simpson said technically there has been no application for demolition or even for any redevelopment on that property at this time. We have seen plans that they are proposing. That building would be demolished and would be replaced with, I believe, a 4,000 squan: foot building. It is a very attractive building. It is not a module or a doublcwidc kind of unit. It is a very attractive building, I have to say. ls it exactly what we want at that property? Not necessarily. It is one of the reasons why we had proposed working on the creation of commercial design standards along Broadway, which I think would help guide commercial development, where things should be and how they need to be brought up to the street, to maintain a lot of the character that exi sts on Broadway today. Taking down that structure, replacing it with 4,000 square feet. they were going to subdivide the property in half and then sell the southern half for redevelopment. They didn't specify what type And that was where they were proposing to go. But, Council Member Yurchick said, not a car lot. Mr. Simpson said not necessarily a car lot. Again. demolition permits were not addressed in the plan, because demolition permits are, basically. a use that is not governed by Community Development. I think they arc governed by the Building Department. Anybody can get them at any time. whenever you want them. Then what you build has to be a use ' is consistent with the underlying zoning. That bank, other commercial uses, car lots and residential uses, at 1nsistent with underlying zoning there. Mayor Garren said a car lot could not go in, because of the morato . .. Mr. Simpson said yes. at this time a car lot could not go in because of the moratorium. That is correct, thank you. But, Council Member Tomasso said. the other half of that plot is parking. Mr. Simpson said under the plan that they discussed with us, it would have been something. They didn't say parking. I don't want to speak too much for them. but their issues they addressed with us, are that they are dealing with an older structure that has significant structural and mechanical problems at this time. And from their viewpoint, it has outlived its financial life . A second issue is that they were interested in looking at a s tructure that was solely for the bank. They are tired of being tenants and right now that structure has other tenants in there and they arc acting as a landlord and they are not interested in that responsibility and role any lo nger. The City staff. when we got their proposal. took a look at it. I have to tell you, it is absolutely permitted under the zo ning today. There i nothing I can do. with the Code as it exists today, to stop them. But I can tell yo u. with that said. I did talk to them and tried to improve the quality of their plan. I do that, that's my job and I try to do that on every project that comes into this City. At some point. an applacant can say ... you know what, I d o n't really care and if you c an't point it out. that it i in the regulations, I won't be doing it . And I can't point o ut that they h.lve to have brick. that they have to have a certain setback. be in a panicular location on that property, have any kind o f de 1g_n tandards or quality of construcU<>n, or e,-en that they can't Just tear it down .. ' .. .. • • -- Englewood City Councll January 5, 2004 Page 12 ·• • and leave an empty lot. As a result, I'm really very much hamstrung on this and I can't go and do anything with this. And they, as a result, have said, we will evaluate our options and we will be talking to you. And that is what they are doing right now. Mr. Simpson said I don't mean to be so blunt, but that is the truth. But, Council Member Yurchick said, even if the Broadway Plan was in effect, they could still basically do what they are doing, couldn't they? Mr. Simpson said absolutely. You know the Broadway Plan is a policy document, it doesn't enforce, it doesn't create, it suggests that we do certain steps. Obviously, that Broadway Plan helps support a lot of the actions that are necessary to help continue revitalization of the Broadway Corridor. One that I think is very important for our community, is to address commercial design standards. And without that Plan, your basis for putting those into place is not as strong. Could you do it? Y cs, but it is just not good legal groundwork. Council Member Tomasso said the other possibility of finding one of the car lots and having the owner of that property trade them a blank lot, for that half of the property with the building on it, so that they would not have to cease operations. They could build their new bank and they wouldn't have the cost of shutting down the bank and they wouldn't have the cost of tearing down the building and it would be a trade. Would that be an option? Mr. Simpson said I don't know. Mr. Tomasso said that would eliminate a car lot ... a blank piece of property and be a win.lwin situation if we saved the building that we could use. Mr. Simpson said you know there are all kinds of possibilities and I don't mean to sound flip here, but there are all kinds of possibilities that could exist. At some point when they say, we don't really want to talk about them anymore. we want to do what we want to do and what is permitted by the regulations, that is what I have to do and I don't have any negotiation ground. I don't. I don't have any ability to hold them up. They can submit a plan and they can go forward. I've seen absolutely beautiful structures torn down out of this City, out of downtown Denver. out of lots of places and they were done because they could be. So, Council Member Tomasso said, what do you see as preventing that? Council Member Yurchick said buying the property. Mr. Simpson said that is certainly one option. You can certainly buy the property. It would not be my first recommendation given the City's current financial climate. You can regulate. That is certairuy another way . You can create a historic preservation ordinance. whereby you can begin to address structures of this particular age category and look toward protection. Your current historic preservation ordinance, even if it is a .50 year old building. would not protect it from demolition and that is something that doesn't currently exist. So. you can create a very stringent historic preservation ordinance that addresses newer structures and older structures. You can actually protect it through regulation. However, I will tell you ... you may regulate it. but it may not be very useful , if that makes sense. They may say. okay. you saved it, we will mothball it. A good example of that , and l wish it would come to some use in time. is the Evans School downtown. at about 13"' and Acoma. It is an absolutely beautiful, beautiful structure and 11 should be preserved and it is being preserved. but absolutely not used. It is in very. very bad shape. I would hate to see us going in that direction. But I mean that certainly is a poss1bil11y . But, Council Member Tomasso said, with the current demolition contracts. there is nothing that would prevent anything from happening 10 the Broadway Plan or a ny of your developments. There is nothing that would prevent someone from coming in and putting holes in your plans by tearing things down. Mr. Simpson said the Broadway Plan relative to this property is not an issue. If you pas.scd the Broadway Plan tomorrow. 11 ,.ouldn ·1 create an better safeguards. neces.sarily. for thi building. But. Council Member Bradsha\\ said, it would have laid the foundation to put fe&uuds in place but now that we don't have that foundauon. ,.c have to start o,·er. Mr. Simpson said yes. The Plan creates the foundations, because what 11 tall about, 1dcall . 1 upporting communit y character workin& on commm:ial design SIMldards and by putting those m plao.:e . then II allows us to move forward on the next SICp and beam 10 reatc those rcgulauons that may. m f.ict, do some of what )OU want. M . Brads!Y ... sud so"''<' are i11. 10 nine monchs back . in acttina those in plao.:e . at I I Mr 1mpson id ye , at least. i ' .. • • • Englewood City Council January S, 2004 Pqel3 Council Member Barrentine said I would hazard to say that I don't think people would be anymore pleased with the Historical Society messing with their private property rights, than they were with what they perceived, in the Broadway Plan, under the condemnation and the takings . And, I don't think it is appropriate to do it through another vehicle, even if you believe it is for a more austere reason. I think it is the same thing that you are trying to do and that would be to interfere with their private property rights . Council Member Bradshaw said I agree . Ms . Barrentine said I think you will have just as much trouble making people happy about this . Council Member Tomasso said I am just trying to analyze the demo . There is no control over demo contracts. If you want to tear it down, you come in and tear it down . Council Member Bradshaw said if you own the property you can do with it what you want. Mr. Tonwso said okay. Ms. Bradshaw said that is private enterprise. Mr. Yurchick said except put up a car lot. Ms . Bradshaw said excepc put up a car lot, because we put a moratorium on that for now. Council Member Moore said, more specifically, we control the use. Ms Bradshaw said yes . Mr. Moore said we control what you put on the property. We have no right to tell someone what they need to keep on their property. You can't force someone to keep a lemon, if that's what their view of the building is at this point. It is not our place to do that, unless we are willing to buy it . Council Member Bradshaw said we've done that twice . Mr . Simpson said certainly that is an option . If you could delermine a public use for that structure, turn it into a museum for example. I'm just pointing this out as an example. One of the things you could do, you could end up declaring it for public use ... you could condemn it and use it for a public museum. You would then have to use it only for that purpose, because when you go that routr., that is the only thing you can do. 13 . City Muapr'a Report (a) City Manager Sears said just some good news. We got some preliminary numbers from Frank . It is good news ... not as good as I would liked to have seen, but ow numbers did lihow !hat collections for the year. again from a preliminary number from December. lihowed a total ofS20.322.000.00. /u the Council may remember. we were, at one point in time in the lul year, at S19 millim as a budFI -Council did give us some preliminary authorization to make an adjustmem for the budFI to $20.300.000.00. We - $22,000.00 above that . We will be bringing back, on the '20* ,a resolution for supplemenlal appropriation to actually lock in that projection, so that our audit reflecu what the Council gave us approval to do from an adjustment viewpoint. So that is really good news. We had planned to have a preliminary report on our finances at our next meeting. but in talking to Frank and I think wilh the achedulc that the Council has next Monday night, because you have a pretty lengthy night with Board and Commissions. that we will be bringing thi s back to the Council on the 2o*' with a full report and with a resolution that niJhl. (bl City Manager Sears said I just wan1 to reitcratc that we made COlllaet with the lcgislawrs and we anticipate they will be at the January 2o*' Study Session to talk about legislative issues. I know that the auto dealers will probably be having some legislation that relates to tax rates. So. I suspect lhere will be some discussion that evening. (c) City Manager Sears said we will send an e-mail to Council on the notification proccu for the proposed Denver Seminary property, because I assume that lhere will be a lol of questions that you may be getting from residents . Mayor Garrett sa ,d I think we should post that, as lhere may be up to three or more of us lhere. Council Member Brad shaw said right. ••••• Mayor Garrett said Da,-id Taylor sent us an e-mail reprdina potential CAM 1uues With Maller Wetnpnen. Director Kahm. 1f you are not prepared to talk aboul the 1ncrusc of the CAM by Miller W~ Illas • .. • • -.. Englewood City Council January 5, 2004 Page 14 ·• • • . 0 evening, that is fine . We can do it another day, but since you have enjoyed this meeting this evening, I thought I'd give you an opportunity to speak. Director Kahm said good evening. And of course my answer is, I am not prepared to talk in detail about the increases in the CAM. I am prepared to talk about the CAM in general. I believe Dan has included, in your packet, some pages out of our master lease. Did everybody get a chance to look at those? City Attorney Brotzman said they did not get in there. Council Member Bradshaw said you don't have to read them to us either, we will get them later. Mr. Kahm said the bottom line is this. There arc two CAM charges on this project. When we originally did our ECR's with Miller Weingarten, Trammell Crow, RTD and Wal-Mart, they all agreed to basic CAM charges for common area maintenance and that is what the EEF CAM charge addresses. It addresses the streets, parking lots, all the RTD. the bridge, the elevator, landscaping-all the perimeter landscaping, all those items. In that maintenance budget, it also includes electricity, water, and 24n security, all those types of items. Those were things that we were able to identify prior to the project being built. In fact, al the time we put this budget together, I worked with John Loss, based on his experience at other shopping centers. Keep in mind that these arc shopping center people that worked on this, but we identified those common items. We established an EEF budget for those things of $1,001.000.00 a year. That was prorated based on retail space, office space at a $1.70 a square foot. In the case of Trammell Crow, with a mixed use. we had to create some formulas that didn't exist in the shopping center world. In the case of Trammell Crow, we have a residential CAM charge based on $200.00 per unit per year. RTD is based on area, because RTD has 910 parking spaces, plus bringing all the buses in and out caused us to have to build extra strength in all of our streets and there is more maintenance on the streets the buses run on. For the concrete paving where the buses run, we have to power wash the oil and grease off those bus bays all the time ... those types of things. So RTD agreed to a percentage, 27% of total CAM costs. Wal-Mart maintains their entire site themselves . They take care of all their own maintenance, but Wal-Mart does participate about $55.000.00 a year towards the common area, because they recognize that we have the Piazza area, wc have these public activities and they were willing to participate in that way. The City picked up the difference. It turns out that the City's share ends up coming out at about $1 .70 a square foot. It ends up being about the same as everybody else. In addition to those CAM costs, shopping centers also have other maintenance costs. They maintain their buildings and they assess that baclc. as a CAM, to the tenants. They charge tenants for their cost of operating and running a shopping center. Miller Weingarten has. across the site. a number of dumpsters. They have trash pickup for their folks and they have maintenance on all the mechanical units on all the buildings, so they charge an additional mainrcnancc charge. Quite honestly. looking into this, in our master lease, all those things arc included as legitimate maintenance costs that they arc allowed to charge. The tenants sign a contract stating that they will pay what those fair charges arc. Now, up until last fall, when the issue came up about David Taylor having problems with some rent and at that time. he pointed out he was paying $2.50 a square foot for a CAM. we really didn't know that Miller Weingarten was charging 80 cents a square foot on top of what everybody was already paying for the EEF CAM charges. At that time. I asked for a detailed breakdown and I never received it . I talked to John Loss and Lou Brock, of Miller Weingarten. a number of times about ·it. So time went on, and then. back in December, we received our costs for 2004 tobe passed on to David Taylor, and the CAM had gone from $2.5010 $3.03. which means that on top of our $1.70, they arc now charging Sl .33. Again I tried to get some explanations from Miller Weingarten, but through the holidays there just has been no one there that knows about it or will admit to knowing about how these arc calculated. I did have some discus ions with o ur attorney, Mike Miller. who has dealt with these types of projects forever. The fact is that Miller Weingarten can account for those costs. because in shopping center situations they arc frequently audited by major tenants. such as Ross and Office Depot. These folks hire consultants that audit CAM charges. In fact, John Loss told me. at one point. not to be surprised if EEFs CAM charges and the way we arc doing busines , would be audited by one of these majo rs, because that is the way business is done. In the master lease, there is a paragraph that explain how all these charges arc calculated. Quite honestly, as wc got into this in the last couple of weeks. the explanation in our master lease is absolutely wrong. In terms of the concept, it is right. but the definuion ,s wrong ,n our master lease. Obviously, when Miller Weingarten wrote the master lease, they pulled that section off of a stri p shopping center, because it talks about our space being calculated as a percentage of in-line retail, which 1s 28'J. of the overall project, and it doesn't fit us at all. The concept is right. In our master lease. m their explanation. they were saying that if you had a space that was part of an in-line shopp,ng center. because the maintenance cost on the building would be the same for everybody. that you ... ould d1v1de )our square foocagc b) the total square footage in that buildma and you would ha~c that ,. ' .. .. • • Englewood City CouncU January 5, 2004 Page 15 percentage. In their example, the in -line was 28% of the overall projects, so you would pay 28% of their operating costs . So, it basically works that everybody in the shopping center, whether you are in a big box, whether you arc in a pad or whether you arc in-line, would pay about the same thing for building maintenance costs as far as Miller Wcingarten's CAM goes. The exceptions might be that in the case of the Bally's building, there is an elevator in the Baily's building that is only used by Bally's. So, in all fairness , you know, the other tenants in the building shouldn't be paying maintenance toward that particular item. So, there could be a little variation from building to building, and we need to work through that with Miller Weingarten to resolve that. but that would amount to pennies per square foot variation from tenant 10 tenant. EEF is pursuing Miller Weingarten now that we are past the holidays. We are actually asking for an audit of their CAM charges. One of the concerns that David Taylor had, as I said, was that the price went up to $3.03, and that also includes a tax escrow. The property tax on this site has never been resolved by the County Assessor. The reason being, that we just finished and received the CO on the Goldmine pad, which was the last dcvclopablc piece of property. The Miller Weingarten property is all on a 75 year lease and when we put the contract together, we had the parcels, but all Miller Weingarten ends up with leasing is their building footprints . And so, until they were done building, we couldn't get the surveying on all the buildings and complete that. That is now done. The surveying on this last piece should be done within the next week or so. We have been working with the assessor's office and once it happens they will assess property tall . They will go back on each of these properties to the date the CO's were issued on these buildings and tallcs will be collected. During th is time frame Miller Weingarten has estimated a tall escrow . Last year they were using $2.00 a square foot . I know David Taylor was concerned about that number. We just happened to have a situation whCJC the building south of Ross. that has Lamar's Donuts and Payless and Cold Stone Creamery, was a private parcel and not part of the original Cinderella City project. Those of you that were on the Council at that time will recall that that was privately owned . The plan was that Miller Weingarten bought it and then we reimbursed them our share. Then that is supposed to be dccdcd back to EEF and then it would be a lease jUSI lilcc the rest of the buildings . But. because it went from private to private, the assessor assessed that building . I lcoow that last year that was assessed at SI . 77 a square foot . So I know that, assuming that all this retail comes on at the same assessed valuation. basically, I am c,i.pccting that the $2 .00 that was collected and escrowed last year is 100 high . Someone has raised the escrow at Miller Weingarten. We believe it happened in Te,i.as, but their es1imate for this year. for 2004, was raised to $2.50. So I think some of the conccms that have been expressed by David Taylor, in terms of his costs going up. will probably be resolved once the taxes are resolved and once we get an accounting from Miller Weingarten as 10 what their costs actually are on the project and what malccs up the difference. Council Member Yurchick said arc the CAM charges legally based on the actual cost, actual expenses or can there be a profit in there? Mr . Kahm said I don't like the word profit actually. Mr. Yun:hick said they come up and say it is really $3.00 a foot, but wc arc going to charge them for 30 cenu profit. Mr. Kahm said no. they can charge for their on-site labor, if they have someone like Lou Brock managing. they can charge him. They can charge hi s workmen 's comp ... they can charge all those labor related items. Mr. Yurchick said then it is based o n actual costs. Mr. Kahm said ye . based on actual costs. The question~ up that there was some once m about whether the vaca111 Piazza space was an issue here. I don '1 believe it i . It can't be. based on the formula . The Piazza retail wa part of the Trammell Crow project and it is actually part of a condominium. In the basic deal . ii I DOI even included in Miller Weingarten 's definition ofthe shopping center. So. in talking to Mike Miller. while that space pay the Sl .70 to wards EEF for our common area mai111enancc. the cost associated with main1a1ning that building as part of that condominium are totally sepa,ate from the res1 of the hopping center. by definition. No w whether someone in HouMon has included that in these numbers. wc will know hortly. Bui II will end up DOI being included . Council Member Bradsha"'• said i that always &oin110 be a movin1 number? Mr. Kahm said ii can move ... we ac 1ually thought going into th1 prop:t that we had adequate budget . Thi last year. "'1th 1he noW$10nn we had in March. "'c "'ere o ,er budget . One or the tlunp EEF I able to do. is "'-e -able to charae $72 .000.00 a ye.a, of 1ha1 CAM 10 .... ards the adm1n1stra11011 or the CAM . As Directors. we can't recover for Frank or Bob and I. That money does come back 1n and offseu Steve Dauio' 1ime fOf dotng hi a1:~1n1. I llllppOiC, indirectly. that could be a profit ~-cnt«'r for us for the C'1 t) It ju.st reimburses fOf COIi of "''Ork. Mr YIM'Chtd, ad that was m quc tion. " 11 based OIi ac tual upe ! ' .... .•' • • • Englewood City Council January 5, 2004 Page 16 • ·• • • But, Council Member Barrentine said, those actual expenses can include some administrative costs and overhead. Director Kahm said on Miller Weinganen's side, it definitely does. Now, it can't include leasing costs and it can't include real estate commissions. We will get them to you. There is one section, it is section 9.1 of the general lease and it is three quarters of a page, that highlights all the things that can be included. It is done by the private sector. But, Council Member Barrentine said, as far as Miller Weingarten being able to make any money on that. .. they can include some of their administrative charges and what they consider any overhead in that. Mr. Kahm said they can do that. And again, they are subject to audit and Mike Miller assured me that these big corporate guys watch that very closely and they will look at these costs versus other experiences around the country. Ms. Barrentine said I wonder if they get any better or more timely response than you did? Mr. Kahm said in this particular instance, part of the problem here ... and I don't mind defending Miller Weingarten a little bit here ... is the fact that this project is a work in progress. I mean, we are just now getting to the Goldmine site coming on and paying their share of CAM, starting this last December. John Loss did agree last fall to allow me to start charging CAM on the Piazza retail, effective last July . We had an unusual situation, because with each of these owners the deals were different. In the case of Miller Weingarten,. Mier Weingarten started paying CAM as soon as he had a CO on a building. When we negotiated our deal witn Trammell Crow, they didn't pay until they had a tenant in the retail space. And so, we get into this thing where that's retail space, it is Trammell Crow and Miller Wcinganen arguing over who owns it, so, when do you start charging, but John agreed to start paying last July . We are just now at a point where we will start collecting a full share of CAM from all the tenants on the site. Ms. Barrentine said on the potential quarter a square foot that they were overcharging, potentially for taxes. what do you think could end up being the total, that they possibly over collected? Mr . Kahm said I'm thinking that last year it was about a quancr and there are a total of 222,000 square feet of retail. So a quarter is $60,000.00, but it is escrowed. It is a tax escrow, so it will go back to folks. It will probably go back. They have accountants just like we have accountants, and accountants never give back the money, I've learned that , but what they would do is they would just give a credit to them in the future . That is what we do. What we have done in the past, when we have spent Jess than the full arr.ount of the CAM for maintenance the last couple of years, is we don't send RTD back money, they just don't make a payment for two or three months the next year. One of the things I am doing is that we were over budget this last year, because of that snow storm. We have a fund set aside for paving and for concrete as part of the CAM. It is a reserve account and I have already talked to John Loss at Miller Weingarten.. and I will talk to the others and to see if they will allow us to draw our overage out of that construction reserve and try to get us back to even for last year. Council Member Yurchick said were any of the other tenants concerned or complaining or do they consider the $3.03 reasonable? Mr. Kahm said it is my understanding, from talking to folks out there. is that when the tenants come in, they sign a contract that says this is the deal and you can charge me what it costs you to maintain the shopping center. Most of these folks want this place maintained. In fact , we get a lot of compliments. David Tryba complimented us on how nice this project looks, this far after it was c omplete. because these things tend to go downhill . The private sector, I'm sorry, but it is all a profit center, and so you start c utting back on landscaping and all those things , because you make more money , but our experience has been that folks are happy with having this thing maintained . Lou Brock called us a couple of weeks ago ... not about this la s t snowstorm, but the one before ... and he was excited, because he had two inches of snow in the parking lot and we hadn 't plowed those parking lots . Our snow contract doesn't require two inches to be pl o wed and we said we are already over budget. Miller Weingarten said raise the CAM. They want the services. I haven 't heard of anyone complaining about those CAM charges. They go with what the contract says and they pay their fair share when they sign it . Counc il Member Yurchick said not to defend Miller Weingarten, but it sounds to me like it is a case of ... not so mu c h that their CAM is unreasonable, but it is a case of David Taylor just having limited funds . Mr. Kahm sa id that could be, I ha ven ·1 heard anyone else complain. I know the fellow with the Pub, he JUSI wants 10 run hi s Pub . They don't want to be involved in politics, they don't want to be involved in managing a . .. -· • I t ,. ' • • Englewood City Council January 5, 2004 Page 17 shopping center, they want to pay the bills and run their business. That is pretty much what we have experienced out there. We will get the numbers, he said, because we deserve the numbers, they owe them to us . 14. City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15 . AclJoum-nt AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL MONDAY, JANUARY 5, 2004 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. //; ~ ,.__, 2 . Invocation. ~ 3 . Pledge of Allegiance.~ S. Minutes. 0 ' Off'~().. Minute, from the Regub, Oty Coondl meeting of Decembe, 15, 200~ 6. Scheduled Visitors . (Please limit your presentation to ten minutes.) ff 7. Unscheduled Visitors . (Please limit your presentation to five minutes .) »-8 . 9. Communications, Proclamations, and Appointments. fr PubHcHea,ing tJp,MH lJ/.wu.,.AllltJd-6, ~~~ a. A Public Hearing to gather input on Council Bill No. 83 , approving the Unified Development Code. rA.1MA-lA-V90AJ PO A) /<.In/ e Y/J ~ 1 ~1~ll(_ dffl~-o~,~---~~ ·~ Please note: If you have a disability and need auxiliilry aids Of services, please notify the City of Enalewood (3 0 3- 762 -2405) a l leas t 48 hours in advance of when services are needed. Thank ' • • Engl ewood City Council Agenda January 5, 2004 Page 2 10. Consent Agenda. / __ ao. AW/OVal,of 9rdinances on First ~ding. (p ~ ~r()/MJlnifll_CPJU.l)r-'A91.A)IJA-/f1;.#IS . b. Approval of Ordinances on Second-~Ading.--IO t,.,,/ ~ /v ,,_/()!,,/~It/ l)l?ilt-/ i. ~#. ;2..,, ii. Council Bill No. 89, approving a Lease Agreement with Douglas County Libraries for use of the Englewood Bookmobile for 2004. Council Bill No. 90, approving an Easement Agreement with Public Service Company to underground existing overhead utihty lines for Pirates Cove. tnd-J-!; iii. Council Bill No. 91, renewing the Englewood Transportation Advisory Committee. (nJ_ /1 't iv. Council Bill No. 93, approving a City Ditch License Agreement with Comcast c. Resolutions and Motions. i. Recommendation from the Department of Finance and Administrative Services, City Clerk's Office, to approve a resolution designating the bulletin board on the north side of the second floor of the Englewood Civic Center as the Official Posting Place for all Legal Notices of the City of Englewood for 2004. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services and Loucrishia Enis, City Clerk. ii. Recommendation from the Department of Finance and Administrative Services to approve a resolution amending the City of Englewood's ICMA-RC 457 Deferred Compensation Plan. STAFF SOURCE: Frank Gryglewia, Director of Finance and Administrative Services. iii. Recommendation from the Department of Safety Services to approve, by motion, the purchase of a patrol vehicle. Staff recommends awarding the contract through the State bid process to Champion Chevrolet in the amount of $2 9,01 2.00. STAFF SOURCE: Division ChiefTom Vandennee. iv. Recommendation from the Department of Information Technology and the U t ilities Department to approve, by motion, the purchase of the hardware platform for the City's Utility Billing System. STAFF SOURCE: Don Ingle, Director of Information Technology and Stewart Fonda, Director of Utilities . Please note: If you have a disability and need ~ aids or services, pleue notify the Cily of En glewood (303 -762 -2405) a t I ast 48 hours in ad ance o f ~ services are needed. Thri . ... .. • t . ' • Enijewood City Council Agenda January 5, 2004 Page 3 11 . Regular Agenda. a . b. C. App~ of Ordinances on First Reading. Approval of Ordinances on Second Reading. ff Res~ns and Motions. 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13 . City Manager's Report. 14. City Attorney's Report. Adjournment tJ:tJ~ The following minutes were transmitted to City Council between December 12 and 18, 2003 : • Englewood Cultural Arts Commission meeting of November 5, 2003 • Englewood Soard of Adjustment and Appeals meeting of November 12, 2003 • Alliance for Commerce in Englewood meeting of November 13, 2003 • Englewood Transportation Advisory Committee meeting of November 13, 2003 Please note: If you have a disability and need auxiliary aids or services, ple.ise notify !he City of Englewood (303-762·2405) at least 48 hours in advance of when services are needed. Th.ink you. q ~~~$S__'-~-'$~~~~..ssc:~~~~~'""-'--.,._~<.;.,;,.'.o,~"-,.""-...;.,_'--~$~~$...<..$~~ .~ PROOF OF PUBLICATION ~~ '~5 THE ~ ;;! ENGLEWOOD HERALD (f ti ) (j J5 STATE OF COLORADO SS ~ (~) COUNTY OF ARAPAHOE CITY OF aNG&.aWOOD !) I ,,. I am the Publisher of the I ENGLEWOOD HERALD !~ and that the same is a weekly newspaper ;; published in the city of Littleton in the County ,,. of Arapahoe, State of Colorado, and has a ; general circulation therein; that said newspa- ' per has been published continuously and i uninterruptedly in said County of Arapahoe i for a period of more than 52 weeks prior to the first publication o! the annexed notice; ~ that said newspaper is entered in the Post t Office of Littleton, Colorado , as Second ~ Class Mail matter and that the said newspa- ~ per is a newspaper within the meaning of the I act of the G-ral Assembly or the State of COiorado , approved March 30 , 1923, and c entitled ulegal Notlcea and Advertlumenta" and other acts relating to , the printing and publishing or legal notices ~ and was published in the regular and entire (~ issues or said newspaper, once each week, ~ on the same day of each week, for a period ~of · fJ _Lconsecutive insertions and that the first 1: publication of said notice was in the ~ of <f; said newspaper dated ~i /Jeud0'1 I ?2003 '~ The last publication of said notice was in the l issue or said newspaper dated :t f,-----------·2003 Nolloe II...., IM" llw lM Clly c..... .... City., ....... _.. Colofado, ............ Pullllc HNttne • • flllllllr City eouno• IINIIIII on J-r I, 2004, 1117:30 p.m. In ... CllyCounell ~ of ....... DOIi Civic Cenlar, 1000 11 ......... l'arlnnlr, ID_...., AN OIIIDINANCI 111P1AUNG TITUS 10 AND 1• OP nte lNGUWOOD ....:atAL CODE 2000, IN THEIR ENnllDY, AND APPflOVING THE ADOPnON OP THI UNIND DevlLOPIBff CODe Al A RIINMml8ff OF 'fflU 11 OF THI ENIILEWOOD~AL CODE -M IIICOPSPIIIPUD IY THE 1NC1UWOOD PLMNNI AND ZCNNGCOlaHIJDN. (COUNCIL a&.NO.U) . AlllnlalNladpartllla-, .... aplnlDM In ,._ .. .. puMlo ........................ .., .. City Cllfll .., l:IO p.111. OIi JMAJ#IY I, .... An,olll ......... .................... ..., _. Ila City a.l's Ollloa. _.711-_, • ..,........, ,.w 111 I .. ~ ................. ..... ., ..... of ............. City co.iatl. L-'8llla A. ..... -= CllyClerll Cllyof.,....._. , .. .,....._. hrllWIIY ........ ColoNcla 11110 • I ·'!'~· D HIJIALD..H -, ••~ t ) ~ • Subscri bed and sworn to bi r.e. ...IL. ~-;;a. ~ · • I "&i ....:.7.-<r ••••• .J ! me , a;9tary Public, this 11 '-ay (1 :,' : . ."-A · " ,:1. ! or /ly{/,,'....-(1.e>t2 L--t:<.1-_ /2003 J : ' ft . /," l{ 6/i ~< •, I ' r;/.I / 1-C, ,• ,., ! )J ~ .-X.~ { 1,..4-_:, r r r:. -::1 · ·:., 2 , ~. '}J'-t ... r~··· ..... "';., _.,,..:-._ :;,s,gnatu re or Notary Publ ic , :Ji:: -c .._, ...: '~~ I .. .. . • • --.. 0 COUNCIL COMMUNICATION Date Agenda Item January 5, 2004 INITIATI:D BY Community Development PREVIOUS COUNCIL ACTION .. Subject Unified Development Code -Public Hearin STAFF SOURCE Tricia Langon, Senior Planner Council approved the proposed repeal of Title 10 Land Subdivision and Title 16 Zoning Regulations in their entirety and the adoption of the proposed Unified Development Code (UDC) as approved by the Planning and Zoning Commission with amendments on first reading on December 15, 2003 . Council set a public hearing for January 5, 2004, to consider public input on the UDC as amended. RECOMMENDED ACTION Staff recommends that Council consider public testimony during Public Hearing on the proposed repeal of Title 1 O Land Subdivision and Title 16 Zoning Regulations in their entirety and the adoption of the proposed Unified Development Code. BACKGROUND The City adopted the first Zoning Ordinance in 1940. Subsequent revisions occurred in 1955 and 1963 . The last major revision of Title 16, Zoning Regulations, occurred in 1985. In the intervening years , numerous amendments resulted in a document filled with inconsistencies, inefficiencies, and outdated references that made it difficult to use and administer. Further, the document did not reflect the community's need for standardized development procedures and opportunities. At Coun cil's direction, staff began research and preparation of a coordinated land development code that minimized Title 16's inconsistencies, enhanced development options, standardized and created new review procedures, and coordinated subdivision and zoning regulations. Additionally, citizens requested design standards for residential development that would help maintain neighborhood quality of life. To that end, Council established an emergency moratorium susp ending building permits for new single-family attached and multi-family residential dwellings in northwest Englewood until design standards for all residential zone districts could be coordinated with th e propose d Code update. The moratorium is scheduled to expire on February 27 , 2004. Phase One of th e U DC p roject offi cia lly be gan in Jun e 2000 when the City contracted w ith Cla ri on Associates, a met ro-area land use consulting firm, to conduct intervie w s, diagnosis strengths and limi tations of th e current zoni ng ordinance, and prepare a reorganized draft document based on "Bes t Pra ctices" i n land use . Staff had been w orking with Planning and Zoning Commission and City Counc il on th is effort si nce 1995 . Firs t a "unified" approach to the new code was established that incorporated zonin& subdivision, site planni ng. sig ns, and des ign rev iew regulat ions into a single document Next the code was reorga nize d. The new fo rmat utili zes flowcharts , tables and graphics to simplify information and demons t ra t e regula tions. Th en staff began draftin g procedures and standards in areas identified by Coun cil as core elements of th e code (i .e. zo ne districts , uses, design standards, procedures) where deficien cie s we re identified. Clarifi ca tion s and minor updates were completed on n<>n<ore sections (i.e. signs , landscapi ng). The draft docum ent was rev iewed by Ci ty staff, notably City Attorney's Office and Pub lic Works, fo r consis tency with oth er sec ti ons of th e Municipal Code and department poli cie s. ' ... .. • • _,, - 0 2 The Planning and Zoning Commission reviewed and discussed initial draft sections during public study sessions in 2002. Staff continued to revise the draft based on Commission input and joint work sessions with City Council, the Commission and the Board of Adjustment and Appeals in late 2002 and early 2003. A public open house focusing specifically on residential design standards was held in April 2003. The Planning and Zoning Commission held a Public Hearing on September 16, 2003 to take citizen input on the proposed zoning and subdivision amendments. The Commission, by a vote of 7 to 0, recommended approval of the UDC. Council reviewed and discussed the proposed UDC with Planning and Zoning Commissioners during study sessions in November and December 2003. Council requested amendments to the document. Those amendments are incorporated into the document being considered at this Public Hearing. otice of this Public Hearing was published in the Englewood Herald on December 19, 2003. Pursuant to Article V, Section 40 of the Englewood Home Rule Charter, the Unified Development Code was published by title due to the volume of the document. Copies of the Unified Development Code were available for review in the Englewood Library, City Clerk's Office and the Community Development Department. An electronic version of the draft UDC was available on the City's website. A compact disc of the document was also available from the City Clerk. ANALYSIS The proposed Unified Development Ci:>de is a comprehensive revision of Titles 10 and 16 that reorganizes and updates land development (zoning) and land subdivision regulations into a single, cqordinated document. The UDC's format reorganizes the Code to make it easier to use and understand than the existing zoning and subdivision regulations. Charts and tables have been added to simplify information and material has been reorganized to reduce duplication and repetition. Specific goals include: Maintain essential character of existing zoning districts Update to ensure equity within and among zone districts Update technical standards Codify long-standing city policies and procedures not included in the CZO Simplify administration and procedures Provide flexibility for development opportunities based on clear standards Remove inconsistencies and reduce repetition Simplify by making it easier to read, understand and use . The UDC is composed of material carried over from Titles 10 and 16, updates of existing proc edures and standards, and new material. Am endments to the Englewood Municipal Code are typically shown as line-by-line text changes. Council's approval of the UDC will repeal Title 10 (Land Subdivision) and Title 16 (Zoning Regulations) in their entirety and adopt the UDC in their place as Title 16. A line-by-line comparison of the existing Code and the proposed UDC is impractical because the reformatting has reorganized material from multiple areas into different sections and /or chapters. For example, the "Table of Allowed Uses# was drawn from ten sections, one for each of the existing zone districts. In place of the typical "blacklinew, staff has prepared an "O verview" to serve as a broad summary of the significant changes in the UDC and their effect on zoning and land subdivision regulations . The Overview is not intended as an in-depth discussion, nor does it cover every proposed change (See attached Unified Development Code Overview). ' .. .. • • 3 Four types of changes occur in the UDC : technical, new material, minor updates, and substantive policy changes. The majority of changes are technical or clerical in nature and do not affect the core of the Code. These changes result from formatting changes and are necessary to provide clarity (dimensional charts for setbacks in each zone district) or consistency with other sections. New materials in the UDC are typically associated with an update of technical standards or topics not previously addressed in the Code. The new material is necessary to bring Englewood to a similar development level as surrounding communities. New material includes standards for parks dedication, underground utilities, pedestrian and bicycle circulation, stonnwater drainage and erosion controls. New material also implements State requirements for vested rights. Minor updates are lesser or non-substantive changes to existing regulations or the codification of long-standing City standards. The renaming of the zone districts is a minor amendment because the change is to the district name (label) only and does not alter the District's underlying characteristics. Another minor update is the codification of the guidelines that an approved subdivision plat becomes effective when it is recorded with the County Clerk. Substantive policy changes are those amendments that significantly affect land use and zoning procedures. These policy changes are based on Council directives and community needs for providing flexibility to development opportunities and are intended to provide dear standards in order to streamline the development process and meet community needs. The following policy changes were reviewed during the November 24, 2003 study session: Establishment of: Residential Design Standards including bulk plane requirements Limited Review Permit Temporary Use Permit Administrative Adjustments Transit Station Area District zone category Land Subdivision procedures Variance criteria Removal of the unused R-2-C/SPS Residence District zone. Substantive changes to the following areas have ll21 been addressed in the UDC: landscape standards, flood plain, telecommunications, parking. signage, and historic preservation. No land is be ing rezoned and no zone district boundaries are changed with the adoption of the U DC. However, some zone district names are relabeled in the Unified Development Code to re fl ec t th e patt e rn o f naming zone districts based on a hierarchy of less intense to more intense land uses. Th e refore the Offici al Zo~ing Map, as part of the UDC, is also being amended too show the new zone dis tr ict nam e s. The following districts are renamed (relabeled) with the adoption of the U DC : Current Name Proposed Name R-2-C R-2-A R-2 R-2-B R-4 MU R-3-A R-3 MU R-3-B The m i ed-use ide nt ifier, MU is being added to the B-1 and B-2 Business District's names. No name cha nges a re proposed to the R-1 residential districts, 1-1 or 1-2 districts. A copy of the zoning map wi th th e pr o posed name changes is attached. t -~ ... • • 4 UDC public information outreach will include notice in the Englewood Herald, the Englewood Citizen, and on the City's website of where the UDC is available. Additionally, notice at the Building Permit counter is being coord inated with the Building Division. Other outreach efforts are anticipated to include Frequently Asked Questions (FAQ), notices to building contractors, and presentations to community groups. FUTURE WORK During Phase Two, staff will prepare a list of additional work topics including land uses within zone districts, nonconforming uses, signs, landscaping, and historic preservation. Direction on Council priorities will be sought at that time. Preparation of these sections will involve significant citizen and business community involvement SUMMARY The UDC, as with any regulations, is not a stagnant document and amendments and changes will occur as it is implemented and used . The UDC is a uniform, consistent development document that provides a foundation to improve land use and guide development within the City. The proposed UDC is consistent with Road Map Englewood: 2003 Englewood Comprehensive Plan and reflects community needs for changing development practices. It provides standardized and timely procedures, updated development practices, and clear and reasonable review and approval criteria. Further, the new format makes the Code easier to use and to understand; it addresses citizen requests for quality design standards to protect residential neighborhood character. FINANCIAL IMPACT There · are no direct financial impacts associated with this Ordinance. UST OF ATTACHMENTS Bill for Ordinance Overview Zoning Map (Relabeled with new zone district names) Section 16-1-1 16-1-2 16-1-3 16-1-4 16-1 -5 16-1-6 16-1-7 16-1-8 16-1 -9 16·_1-10 • \, . . . Unified Development Code Overview -Chapter 1: General Provisions Section Name UDC Status Effect Tide Update OfficiaUy renames Tide 16 from •zoning Regulations" to the Unified Development Code. Authority Carry Over Specifies that the Oty's authority to enact the UDC arises from its Horne Rule Charter and from the Colorado Constitution, including the Local Government Land Use Control EnablinR Act. Overview Carry Over Describes that Title 16 implements the policies and objectives of the City Comprehensive Plan. which Drovides a vision for Enidewood's future. Purpose and Intent Carry Over Specifies that land use controls within the UDC are necessary for the preservation of nublic ne.ace health. safetv. convenience and welfare. Applica bili ty and General Carry Over Coordinates general statements from current Zoning Regulations regarding where and Comoliance when Title 16 annlies. Relati o nship to O ther Carry Over Specifies that the UDC relates to zoning and subdivision of land and is not intended to Reg ulations interfere with existing ordinances; however, where the UDC imposes greater restrictions related to zonina and land subdivision issues the UDC controls. Effective Date Undate Establishes when the UDC ._ulations take effect. Official Zone District Carry Over Consolidates provisions related to the necessity for zone districts, requirement for Map uniform regulations within each zone district, zone district boundaries, the official zoninR mao. and amendments to the official map into a sinllle Section. Rules of Construction Carry Over/ Clarifies •rules" for how words, terms, and examples are used in the UDC This and Interpretation Clarify Section coordinates rules that had been located in multiple sections in the curre nt ZoninR Reaulations. Severa bili ty Carry Over Standard legal statement that if any part of the UDC is held to be unconstitutional, th e remainder of the Title is valid. NOTE: Th e G e n e ral Provisions found in Chapter 1 are materials that were carried over from various locations in the current Zoning Regulations and c oordinated into a new Section for ease of use. ' • ' " \, Unified Development Code Overview -Chapter 2: Development Review and Approval Procedures Section Section Name UDC Status Effect 16-2-1 Administrative & Review Update Updates and darifies the roles of City Council, Planning and Zoning Commission, Roles Board of Adjustment and Appeals, and City Manager/designee. Establishes criteria for decisions. 16-2-2 Summary Table of Roles Clarify /Format Summary table of land development applications: who has the authority to review or make a final decision on the application, to whom a decision is appealed, when notification is rPnuired and whether an aooroved aoolication lapses. 16-2-3 Development Application Clarify/ Codify/ Clarifies procedural actions and codifies existing policies. Procedures Format 16-2-4 Comp Plan Amendments New Codifies text amendment oolicv. 1,6-2-5 Annexation Petitions Clarify Adds Colorado Statutes and criteria. 16-2-6 Amendments to UDC Clarify No substantive changes. Text 16-2 -7 Official Zoning Map Codify Codifies the 1965 Council Resolution prohibiting •spot" zoning. Requires Planning Amendments IRezonin11~l and Zonina Commission review and Citv Council decision. 16-2 -8 Overall Concept Plan New A conceptual plan is required as part of a Planned Unit Development (PUD) or Transit Station Area (TSA) district rezoning. It may be submitted before or simultaneously with the rezoning application. Requires Planning and Zoning Commission review and Citv Council decision . 16-2 -9 Site Plan Review Codify Codifies existing site plan requirements that have been addressed through department policy. 16-2-10 Major Subdivision Policy Change/ Land being divided that requires land dedication must be subdivided through the New Major Subdivision process . Requires Planning and Zoning Commission review and City Council final decision. Land being divided that does not require dedication may now be subdivided through the minor subdivision process. Final Plats are not effective witil recorded and must be recorded within 60 davs of aooroval. 16 -2-11 Minor Subdivision Policy Change/ Final Plats are not effective until recorded and must be recorded within 60 days of New final approval. Clarifies when a Minor Subdivision is required. Adds Administrative Land Review Pennits, which are a sub-category of the minor process. These are land action that reouire Citv review for UDC comoliance. but do not reauire a Plal 2 • '·· . . . ,:·"·· . . . .. , !·. ?: : •. ... . .. . • ,. \, Unified Development Code Overview -Chapter 2: Development Review and Approval Procedures (con't) Section Section Name UDC Status Effect 16-2-12 Conditional Use Permits Update/New CUP's require public hearing and Planning and Zoning Commission decision. CUP will be administratively reviewed annual for compliance. If the CU is not operating. the permit is terminated. This darifies the gap in the current regulations of whether a conditional use aonlies onlv to the aoolicant or to the land. 16-2· 13 Limited Review Permits Policy Change Allows administrative review and authority to place restrictions on specific principal uses. LRP's fall between permitted uses (a use by right) and conditional use that requires Planning and Zoning Commission public hearing. Examples: Live/work dwellina in Industrial districts, car wash in 8-2. 16-2-14 Temporary Use Permits Policy Change Permits will be required for all temporary uses induding mobile storage containers, Christmas tree lots, trailers used during site construction, etc. Previously, the only type of temporary use aUowed was a trailer in conjunction with a building permit to construct a buildina. 16-2-15 Development New Development Agreements are contracts between a developer and the City in Agreements connection with a discretionary development approval. City Council must review and approve the agreemenl, which may indude provisions on phasing of construction, the timin& location and financing of infrastructure, assurances that adeauate nublic facilities wiU be available as thev are needed. 16-2-16 Variances Policy Change At Council's direction, the variance criteria have been made more objective to reflect that a variance should be granted to provide land use equity, rather than to provide a •bonus• to an individual property owner. Clarifies that a variance is effective after the aooeal (referendum) oeriod is exhausted. 16-2 -17 Administrative Policy Change/ Administrative Adjustments allow City review and approval of certain types of minor Adjustments New "adjustrmnts• to zoning regulations if specific criteria are met This policy change by City Council reduces the need for some common types of variances. Also permits minor adjustments for "reasonable accommodation• to meet provisions of the Federal Fair Housirnz Act 16-2-18 Anneals Clarify No substantive changes. 16-2-19 Vested Rights New Implements provisions of Colorado Statutes establishing vested property rights to use property and complete development under terms of approved •site specific develooment o1an·. 3 ' ; • Section 16-3-1 16-3-2 Section 16-4-1 thru 16-4-15 • ,. . ·. • i ........ . . ,· I .. .-. .. ~-"-: . • .. ' ·"' .. . .· ,. \, Unified Development Code Overview -Chapter 3: Zone Districts Section Name UDC Status Effect General Provisions Format/ Identifies zone districts by name in table format: New . No district boundaries are being changed by the UDC. No properties Update/ are being rezoned. . One new zone district is added: TSA: Transit Station Area -a mixed- use district intended for land uses adjacent to light rail transit stations . No land is currently zoned TSA . One existing district is being deleted as no land was ever zoned as such R-2-C/SPS: Medium-Density/Special Permit System Residence District . The following districts are being RENAMED (name change only): R-2 Renamed R-2-B R-2-C Renamed R-2-A R-3 Renamed MU-R-3-8 R-4 Renamed MU-R-3-A > 8-1 Renamed MU-B-1 8-2 Renamed MU-8-2 Identifies relationship between zone districts and overlay districts. When land is identified as being in an overlay district, development standards specific to the overlay district apply in addition to the zone district regulations . Example : 1-1 Light Industrial zoned property with a Flood Plain Overlay District classification may develop under 1-1 regulations and must meet all Flood Plain develooment reauirements. District Characteristics Update Provides broad descriptions of the Residential, Mixed-Use Commercial, Industrial and Soecial Puroose Districts identified in the table in Section 1. Unified Development Code Overview Chapter 4: Flood Plain Overlay District Section Name UDC Status Flood Plain Format Effect The Chapter has been reformatted to be consistent with the UDC. No substantive changes have been made as this Chapter meets Federal flood plain r uirements 4 ' • -- Section 16-5-1 16-5-2 16-5-3 16-5-4 16-5-5 • . ', ' (J ... -•... • . .. ' .... ·. ~-.. :• ·/: .. ~~:. .. : ... . . . . ... · . •. .• .·•. . - . . ... . , ... ' \, Unified Development Code Overview -Chapter 5: Use Regulations Section Name UDC Status Effect Table of Allowed Uses Carry Over/ Types of uses allowed within each zone district are now found in a table Clarify/ format. The table is broken into broad use dassifications, such as Format/ Commercial, and then identifies general use categories, such as Animal Sales New/ and Services. and then more specific use types, such as animal shelter. Policy Change/ veterinary djnic, and pet store. The criteria for approving unlisted uses are also Update in this Section. Format Change: The use designations are: Table of Allowed A • Accessory: allowed only as an incidental use to the principal permitted Uses makes it use (home occupation) easier to C • Conditional: allowed only after approval after a public hearing (hazardous determine in waste facility in 1-1 ) what district a use L • Limited: generally allowed, however an administrative review required to is permitted. The mitigate potential impacts (veterinary dinic in B-1 ) current P • Permitted: allowed by right regulations T • Temporary: allowed for a limited duration require the user to go to each A "blank" cell indicates that the use type is prohibited in the zone district. individual district to determine if a The table also directs the user to additional regulations that may apply to the use is allowed . use Use-Specific Standards New/ Identifies standards for specific uses such as group living facilities, adult uses, Format automotive uses limited office uses oawnbrokers Adapted Reuse of Carry Over Provides criteria for reuse of designated historical structure to a use that may Designated Historical or may not be permitted within the zone district: example: church in a Structures residential district reused as a coffee house Accessory Uses Format/ Consolidates standards for accessory uses into a single section. Accessory Update uses indude home occupations, satellite dishes, parking areas, swimming pools, and service facilities in MU-R -3-8. This section also specifies prohibited accessory uses. Temporary Uses and New Establishes specific uses/activities as temporary uses requiring a permit, i.e.: Structures farmers market mobile storage containers outdoor sales. seasonal sales 5 ' • Section 16-6-1 16-6-2 16-6-3 16-6-4 16-6-5 16-6-6 16-6-7 16-6 -8 16-6-9 . '· ... ·· .... "' ' ,,•' •• • l, • . .. ; :i, • '" ••• ,. .. . ,=·· . . i t .• .. . . . ' \, Unified Development Code Overview -Chapter 6: Development Standards Section Name UDC Status Effect Dimensional Format/ Dimensional requirements for principal structures for lot area, floor area, Requirements New lot coverage, lot width, building height and setbacks provided in table format. New Bulk Plane regulations for residential development are provided. Dimensional requirements for accessory structures are also now in table format. Development on Land Carry Over Carried over from current Zoning Regulations with minor substantive Designated as and/or change making applicant responsible for costs for testing and information Adjacent to Landfill related to proposed construction. Sites Streets and Vehicle Update/ Updates street, access and circulation standards and regulations from Access and Circulation Codify/ existing regulations, policies and new materials. New Off-Street Parking and New/Update Updates parking and loading requirements and establishes new options for LoadinR Reauirements alternative oarkin2 olans Pedestrian and Bicycle New Establishes standards for pedestrian and bicycle connections and access to Access and developed areas. The standards apply to new non-residential development Connectivity and new residential development of 4 or more dwellinR units. Fences, Walls and Clarify New format clarifies existing regulations in charts and figures . New Visual Barriers regulations for sight distance at driveways and 2ara2es Landscaping and Carry Over/ Review and update of this Section is anticipated in Phase 2. The fee-in-lieu Screening Clarify calculation is increased from $1.15 to $1.50 per square feet of required landscaped area Stormwater Drainage New Establishes requirements for control of site disturbance, erosion and dust and Erosion/Siltation during construction, restoration of disturbed areas, and drainage Control Underground Utilities New Establishes requirements for undergrounding of electric and , communication utilities. The standards apply to new development except for residential dwellings where the expansion or alteration is less than 33% of the orillinal habitable iuoss floor area 6 • • •!• ~ • -. .- : \, ' . • • t Unified Development Code Overview -Chapter 6: Design Standards and Guidelines (con't) 16-6-10 Design Standards and Carry Over/ Combines existing and new residential design standards to provide variety Guidelines New/ and visual interest in exterior building design. The standards will apply to Policy Change new residential construction and to substantial alterations of existing Update/ residential dwellings. New material indudes: . Front lot coverage: The size of parking pads are limited within the front yard . Driveway standards within the front yard: limits maximum width, and prohibits dirt or gravel driveways. Zoning Site Plan Review required for all new driveways . Garage placement and design must be compatible to existing garage pattern on the street . Carports: prohibits vinyl, canvas and sheet metal carports . . Articulation of street-facing facades to provide variety in building elevations that face a public street The Chapter also covers design standards for large retail buildings that have been carried over from the existina reaulations. 16-6-11 Historic Preservation Carry Over Review and uodate of this Section is anticioated in Phase 2. 16-6-12 Operating Standards Carry Over Clarifies standards for the operation and physical compatibility of land uses to mititzate nuisances 16-6-13 Signs Format/ Review and update of this Section is anticipated in Phase 2. Carry Over 16-6-14 Development Standards New Establishes development standards for the new TSA (Transit Station Area) for the TSA District zone district induding minimum disttict size, permitted uses, density, setbacks, lot frontage. These standards will apply to any land rezoned to a TSA zone dassification. 7 -- . . . ,. i · ••• ·• •• .,. .,·, . ·• . , . . -;,• .. ... ;,,· .. • . ~ . . ,:· .• .. .... . . . ' ' . Unified Development Code Overview -Chapter 7: Telecommunications Section Section Name 16-7-1 Telecommunications thru 16-7-9 UDC Status Format Effect This Chapter has been reformatted to be consistent with the Unified Development Code. No substantive changes have been made as this Cha ter conforms to Federal uidelines. Unified Development Code Overview -Chapter 8: Subdivision Design, Improvements and Dedication Standards Section Section Name UDC Status Effect 16-8-1 Applicability Policy Change When a subdivision requires dedication of land, a major subdivision is reauired· otherwise the minor subdivision process is utilized. 16-8-2 Recordation Required Clarify/ All subdivisions must be recorded with the Arapahoe County Clerk and Codify Recorder within 60 days of final aooroval and are not effective until recorded 16-8-3 Subdivision Review Clarify Refers backs to Chapter 2: Procedures Process 16-8-4 Subdivisi.on Design and Clarify/ Establishes City subdivision standards including lot design, easements, utilities, Improvements Codify/ Flood Plain Districts Carry Over 16-8-5 Dedic ations for Parks, New Establishes new standards for when and how land (or fee in lieu when Trails and Open Space applicable) is dedicated to the City to provide adequate parks, trials and open space facilities ' 16-8-6 G eneral Requirements New Establishes requirements for method of ownership, management and for Open Spa c e maintenance of common open soace in new subdivisions . 16-8-7 Streets Carry Over Sets standards for streets sidewalks and curbs within new subdivisions . 16-8-8 Environmental New Authorizes the City to request an environmental assessment of any land Assessment of Land offered to the City in a land dedication D edi c ations -~ • 8 • Section 16-9-1 thru 16-9-5 Section 16-10-1 16-10-2 ··, . .. ' ... • ... , . . ,. ' ~ .. .... • • .. . .. fl" • • .• . • . ., .. ·;; . . ... .... ,... . . .. .. . . . . .. .. .... · .• ~ ~ ... •":; •· . 'Ii ~ C .' ,. .. ! . . ,J . . •.· Unified Development Code Overview -Chapter 9: Nonconformities Section Name UDC Status Effect Nonconforming Uses, Carry Over This Chapter has been reformatted to be consistent with the remainder of the Structures, Lots and Unified Development Code. Review and update of Chapter is anticipated in Signs Phase 2. Unified Development Code Overview -Chapter 10: Enforcement and Penalties Section Name UDC Status Effect Enforcement Format/ Material in this Section is carried over from Chapter 2 -Administration of the Carry Over current Zoning Regulations Penalties Format/ Enumerates prohibited actions in a single Section that had been in various Carry Over Sections of the current regulations. Violations of the UDC are subject to penalties provided in the General Penalties section of the Englewood Municioal Code Unified Development Code Overview -Chapter 11: Use Classifications and Definitions Section Section Name UDC Status Effect 16-11 -1 Use Classifications New Use classifications organize land uses and activities into general •use categories" and specific •use types" based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. 16-11 -2 Definition of Words, Update/ Updates and clarifies existing definitions and adds new terms associated with Terms and Phrases Clarify new material in the UDC 9 ' • 0 ORDINANCE NO. SERIES OF 2003/2~ BY AUTHORITY A BILL FOR COUNCIL BILL NO. 83 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE REPEALING TITI..ES 10 AND 16 OF THE ENGLEWOOD MUNICIPAL CODE 2000, IN THEIR ENTIRETY, AND APPROVING THE ADOPTION OF TIIE UNIFIED DEVELOPMENT CODE AS A REENACTMENT OF TITLE 16 OF THE ENGLEWOOD MUNICIPAL CODE 2000 AS RECOMMENDED BY THE ENGLEWOOD PLANNING AND WNING COMMISSION . WHEREAS, the City of Englewood adopted the first Zoning Ordinance in 1940 with subsequent rewrites occurring in 1955 and 1963; and WHEREAS, the last major revision of Zoning Regulations occurred in 1985; and WHEREAS, in the intervening ,years, numerous amendments have resulted in a document filled · with inconsistencies and outdated references that made it difficult to use and administer; and WHEREAS, the current Title 16, Zoning Ordinance, does not reflect the community's need for standardized development procedures and flexible development opportunities; and ' · . • ' , . · .. WHEREAS, citizens have requested design,standards for residential development that would help maintain neighborhood quality of life in Englewood; and WHEREAS, the Englewood City Council established an emergency moratorium suspending building r,errnits for new single-family attached and multi-family residential dwellings in northwest Englewood until design standards could be coordinated with the proposed zoning updates; and WHEREAS, this Unified Development Code has been researched and prepared as a coordinated land development code that minimizes zoning regulation inconsistencies, addresses citizen concerns, enhances development options and coordinates subdivision and zoning regulations; and WHEREAS, the Planning and Zoning Commission held a public hearing on the draft Unified Development Code on September 16, 2003 and recommended approval of the draft Unified Development Code at Planning and Zoning Commission meeting of September 16, 2003. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO·, AS FOLLOWS : Section 1. The City Counc il of the City of Engle',ood, Colorado, hereby repe als Titles 10 and 16 of Englewood Municipal Code 2000 in their entirety and approves the adoption of the Unified Development Code as a reenactment of Title 16 to the Engl ewood Municipal Code 2000 . -1- 9a ' . .. .. • • Section 2. Pursuant to Article V, Section 40 of the Englewood Home Rule Charter, the City Council has determined that this Ordinance shall be published by title because of its volume. A copy is available in the Office of the Englewood City Clerk, on the City of Englewood's website and, after approval on first reading, on compact disk in the office of the City Clerk. Section 3. Silfety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of 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 4. Seyerabjlity. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section S. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6. Effect of [Cl)CAI or modjficatjon. 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 7. hnal1x, 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 15th day of December, 2 003 . Publis hed as a Bill for an Ordinance on the 19th day of December. 2003 . ATT EST : Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk -2- .. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true cop~ of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 15 day of December, 2003. Loucrishia A. Ellis -3- t • • ..... ,. .... ,1,1-c .... 111., .. ...... ....... ...... ...... .. " .Ai, • • • • • I I I Ii I Ii I I; I I ---_...__ --- Ii i s I; I City of Englewood, Colorado Draft Comprehensive Zoning Map ML'hCI'\. .. ...... _, ....... __ ,.. ___ -I 'fN..IA\11 .. ,t--...--+ ... -1--1 ..... , .. _, ...., ........................ '-II .... ....,...., .......... a.. ........ .... ..._......_UIII .......... Dallll ..... l.al .... U.Dlltmr ...... ~-......... a.. --..o..e, .... -~ ............ c.i.. ~11....-... L.-..C..~ ....... ._u...,....._....,~oaa,-..-. .... lMitc.. ..... a... ~0--alAt..-..... a... l Wfll ....... C...... --- --· --· ......... H. • • ·~"T"'I • •••••••• i i i ii 11 iiii ~.-i-.~.-i~i•ii i ljjiijiji --.... I·----• . .__._.... ··---·. ·==.. ..5::::::."::. • =-·· ff ,._... ._....,_ . . ._...,_ . =-. :i..___ . : ·=-==_-----·-. ::::.-.... .. 5 .... ... =--: ==--=-· ----,_ ·-----·=-.... -"""--.... , ............... c.., c.. ........... NIII c. ........ ........ "°' ....... ..... --"°" ............. a.-.--- fW.4 -0IIII-------._.. .............. '49 ----.... ............. -- __ .. __ -- - ~TAW ... 1 -.1111.a.1 -- '* ........ -............. -. .., ........................ ... ....... u. ................. .... .............................. .......... .,,...........-.n.oaa ,... ................ oac. .. .. -~----ha .............. _____ _ OIi _________ .......... --....... ------ • e ,., J.W ,.,, • lntrQ For your consideration at PH Bill for Ordinance Adopt the Unified Development Code Reperil in their entirety Title 10: Land Subdivision Title 16 : Zoning Regulations First reading: December 15, 2003 Notice of this Public Hearing: Englewood Herald December 19, 2003 Have submitted proof of publication BACKGROUND: First Zoning Ordinance in 1940. rewrites in 50's and 60's • The last major 1985. f'Jumerous amendments: Inconsistencies and outdated references Difficult to use and administer. Council directed staff PLUS coordinate subdivision and zoning regulations minimize Title 16's inconsistencies, standardize development procedures provide flexible development opportunities clear standards citizens requested design sta nd ards for residential development maintain neighborhood quality of life . emergency moratorium suspending buildjng permits for new single-family attached and multi-family residential dwellings in northwest Englewood until design standards for all residential zone districts could be coordinated with the proposed Code update . The moratorium is scheduled to expire on February 27, 2004. PLA NING COMMISSION ACTION: UDC considered at PH before P&Z on Sept. 16, 2003. 1 citizen spoke at the PH -comments focused on the auto use mortorium Commission recommended approval of the UDC by a vote of 7 to 0 ,· ' ... ' .. • • 2 UDC is comprehensive revision reorganizes and updates land development (zoning) and land subdivision regulations into a single, coordinated document. UDC GOALS Maintain essential character of existing Zoning Districts Update Simplify administration and procedures Establish flexible development opportunities based on clear standards More than 3 years of concentrated work p June 2000 Clarion Associates Interviews, code analysis R ormatted Code Ou ine of proposed changes Draft - intern review Staff re ites 2"d Draft P&Z Design stan rd open house ACE, Chamb , CEAC , PROPOSED UDC: No land is being rezoned Zoning Map -new names for some districts -listed in the Overview No substantive changes to L/S, parking, signs, Hist. Preservation, flood plane, telecom, NCU Reformat preclude line-by-line comparison Overview attac hed ' .. ... • • CHANGES 4 types of changes technical : format, flow-charts, tables new material : not in current Code definitions standards for stormwater drainage and erosion control minor updates: clarity, codify policies ie plat effective when recorded Zoning Map substantive policy changes. Establishment of: Residential Design Standards including bulk plane requirements, garage Placement, setbacks, building height Transit Station Area District zone categor y New procedures Limited Review Permit Temporary Use Permit Variance criteria Administrative Adjustments to Land Subdivision procedures Removal of the unused R-2-C/SPS Residence District zone. PUBLIC OUTREACH Available Web Library CD from City Clerk N o tices Bl dg Co un te r Citizen FA Q 's Bl d g Contrac tor s Phase 2 begin thi s spring Di sc uss ion with Coun cil to se t priorities fv,or e publi c involvement -more specific topics QUESTIONS: • t ; • • BY AUTHORITY ....... _ .. ·_ SERIES OF 2003/2004 COUNCIL BILL NO. 89 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR LEASE OF THE ENGLEWOOD BOOKMOBILE BETWEEN THE CITY OF ENGLEWOOD AND DOUGLAS COUNTY . WHEREAS, Section 18 (2)(a) and (b) of Article XIV of the Colorado Constitution and Section 2~-1-201, C .R.S ., pc:mlit and encourage governments to enter into contracts to make the most effective use of their resources for the benefit of the public; and WHEREAS, Section 29-1-203, C.R.S., authorizes the State of Colorado and its political subdivisions to enter into contracts to provide functions or services, including the sharing of costs of such functions or services, which each of the contracting parties may be authorized to provide; and WHEREAS, Douglas County seeks to lease the Englewood Public Library's Bookmobile for operation by Douglas County as a mobile library for the year 2004; and WHEREAS, with passage of this Ordinance the Englewood City Council authorizes the "Agreement For Lease Of Bookmobile" to Douglas County; . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section l. The "Agreement For Lease Of Bookmobile" between the City of Englewood and Douglas County attached hereto as Exhibit A, is hereby accepted and approved the Englewood City Council. ~Qlll. The Mayor and City Clerk are authorized to execute and attest said Agreement for and on behalf of the City of Englewood. 200~. Introduced, read in full , and passed on first reading on the 15th day of December, Published as a Bill for an 0rdinance on the 19th day of December, 2003 . Read by title and passed on final reading on the Sth day of January , 2004. -1- AGREEMENT FOR LEASE OF BOOKMOBILE THIS AGREEMENT, entered into this __ day of , 2003 by and between the City of Englewood (hereinafter CITY), whose address is I 000 Englewood Parkway, Englewood, Colorado 80110 and the Douglas County Libraries (hereinafter DOUGLAS), whose address is 100 South Wilcox Street, Castle Rock, Colorado 80 I 04 . Terms of Aareement WHEREAS, Section 18 (2) ( a) and (b) of Article XIV of the Colorado Constitution and Section 29- 1-20 I, C.R.S., permit and encourage governments to enter into contracts to make the most effective use of their resources for the benefit of the public; and WHEREAS, Section 29-1-203, C.R.S., authorize the State of Colorado and its political subdivisions to enter into contracts to provide functions or services, including the sharing of costs of such functions or services, which each of the contracting parties may be authorized to provide; NOW, THEREFORE IT IS AGREED by and between CITY and DOUGLAS that: I. DOUGLAS seeks to lease from CITY the Englewood Public Library 's ''Rainbow Express" Bookmobile (hereinafter VEHICLE) for operation by DOUGLAS of a mobile library within its service boundaries for the period January I, :?004 through December 31, 2004 . This Agreement shall terminate on December 31, 2004 unless another arrangement can be mutually agreed by both parties 2. At the end of this Agreement, both parties reserve the right to (a) renegotiate for the lease of VEHICLE for an additional Twelve ( 12) months and/or (b) renegotiate for the lease/purchase of VEHICLE as may be agreeable by both parties . 3. This Agreement may, at any time. be terminated by either party upon, Thirty (30) days written notice to the other without cause. Both parties may also terminate this Agreement by giving Thirty (30) days written notice to the other of a violation of this Agreement, citing specific exarnple(s) within if the viotation(s) cannot be agreeably remedied within Thirty (30) days . 4. As part of this Agreement, DOUGLAS shall provide to CITY within thirty (30) days of approval by both parties of this Agreement, proof of insurance coverage for the VEHICLE which includes auto liability with minimum limits of S 1,000,000 combined single limit per accident for bodily injury and property damage . DOUGLAS shall also provide to CITY a certificate of insurance listing the City of Englewood as an additional insured. S. In consideration ofCITY's approval of this Agreement, 10 reimburse CITY for the performance of quarterly maintenance of VEHICLE and as part of the CITY 's vehicle replacement fund (CERF), DOUGLAS shall pa y CITY within thirty (30) days of approval by both parties of this Agreement, the amount ofTwelve Thousand Dollars (S12,000). If this Agreement is terminated prior to the exp iration of the anticipated twelve month term. CITY shall pro rate said payment over 365 days and refund that portion which corresponds with the unused portion of the term remaining when the vehi cle is rctumcc.l 10 CITY 6. At the beginning of this perioJ. CITY shall deli\·cr VEHICLE to DOUGLAS in aood, workmanlike condition . • 1 • t • • - CORRECTION THE PRECEDING DOCUM EN T OR BLANK FRAME HAS BEEN REMICROFILMED TO ASSURE LEGIBILITY AND ITS /MA GE APPEARS IMMEDIATELY HEREAFTER. '.) I BY AUTHORITY CllllllMMJlwo, -COUNCIL BILL NO. 89 INTRODUCED BY COUNCIL MEMBER BRADSHAW SERIES OF 2003/2004 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR LEASE OF THE ENGLEWOOD BOOKMOBILE BETWEEN THE CITY OF ENGLEWOOD AND DOUGLAS COUNTY. WHEREAS, Section 18 (2Xa) and (b) of Article XIV of the Colorado Constitution and Section 29-1-201, C.R.S., permit and encourage governments to enter into contracts to make the most effective use of their resources for the benefit of the publi.c; and WHEREAS, Section 29-1-203, C .R.S., authorizes the State of Colorado and its political subdivisions to enter into contracts to provide functions or services, including the sharing of costs of such functions or services, which each of the contracting parties may be authorized to provide; and WHEREAS, Douglas County seeks to lease the Englewood Public Library's Bookmobile for operation by Douglas County as a mobile library for the year 2004; and WHEREAS, with passage of this Ordinance the Englewood City Council authorizes the "Agreement For Lease Of Bookmobile" to Douglas County; ' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjon I. The "Agreement For Lease Of Bookmobile" between the City of Englewood and Douglas County attached hereto as Exhibit A, is hereby accepted and approved the Englewood City Council. Section 2. The Mayor and City Clerk are authorized to execute and attest said Agreement for and on behalf of the City of Englewood. 200~. Introduced, read in full, and passed on first reading on the 15th day of December, Published as a Bill for an Ordinance on the 19th day of December, 2003 . Read by title and passed on final reading on the 5th day of January, 2004. -1- ·• ... J. ·. • ' • Published by title as Ordinance No . _, Series of 2004, on the 9th day of January, 2004. ATTEST : Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of EnaJewood, 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 2003/2004. Loucrishia A. Ellis -2- 0 EXHIBIT A AGREEMENT FOR LEASE OF BOOKMOBILE THIS AGREEMENT, entered into this __ day of , 2003 by and between the City of Englewood (hereinafter CITY), whose addres~ is 1000 Englewood Parkway, Englewood, Colorado 80110 and the Douglas County Libraries (hereinafter DOUGLAS}, whose address is 100 South Wilcox Street, Castle Rock, Colorado 80104. Terms of Agreement WHEREAS , Section 18 (2) (a) and (b) of Article XIV of the Colorado Constitution and Section 29- 1-201, C.R.S ., pennit and encourage governments to enter into contracts to make the most effective use of their resources for the benefit of the public; and WHEREAS, Section 29-1-203. C.R.S., authorize the State of Colorado and its political subdivisions to enter into contracts to provide functions or services, including the sharing of costs of such functions or services, which each of the contracting parties may be authorized to provide; NOW, THEREFORE IT IS AGREED by and between CITY and DOUGLAS that: I. DOUGLAS seeks to lease from CITY the Englewood Public Library's ·'Rainbow Express" Bookmobile (hereinafter VEHICLE) for operation by DOUGLAS ofa mobile library within its service boundaries for the period January I, 2004 through December 31, 2004 . This Agreement shall terminate on December 31, 200~ unless another arrangement can be mutually agreed by both parties 2 . At the end of this Agreement, both parties reserve the right to (a) renegotiate for the lease of VEHICLE for an additional Twelve (12) months and/or (b) renegotiate for the lease/purchase of VEHICLE as may be agreeable by both parties. · 3 . This Agreement may, at any time , be terminated by either party upon Thirty (30) days written notice to the other without cause. Both parties may also terminate this Agreement by giving Thirty (30) days written notice to the other of a violation of this Agreement, citing specific example(s) within if the violation(s) cannot be agreeably remedied within Thirty (30) days . 4 . As part of this Agreement, DOUGLAS shall provide to CITY within thirty (30) days of approval by both parties of this Agreement. proof of insurance coverage for the VEHICLE which includes auto liability with minimum limits of S 1,000,000 combined single limit per accident for bodily injury and property damage . DOUG LAS shall also provide to CITY a certificate of insurance listing the City of Englewood as an additional insured . 5 . In conside ration ofCITY's approval of this Agreement, to reimburse CITY for the performance of quarterl y maintenance of VEHICLE and as part of the CITY's vehicle replacement fund (CERF), DO UGLAS shall pay CITY within thirty (30) days of approval by both parties of this Agreement, the amount of T welve Thousand Dollars (512,000). If this Agreement is terminated prior to the expiration of the anticipated twelve month term, CITY shall pro r.11e said payment over 365 days and refund that portion which corresponds with the unused portion of the term remaining when the vehicle is rerumed to CITY 6 . At the beginning of thas period . CITY shall deliver VEHICLE to DOUGLAS in good, workmanlike condition . • I • .. ! i • ' • • (J 7. In addition to the above payment, DOUGLAS shall, upon return of VEHICLE to CITY or annually upon renewal of this Agreement, reimburse CITY for any mileage added to the VEHILCE in excess of the average miles annually driven by CITY . For purposes of this Agreement, the annual miles driven by CITY is considered 1,811 which includes and allows for the two-way travel between DOUGLAS and CITY as required by this Agreement for the quarterly maintenance of VEHICLE. Therefore, for purposes of this Agreement, any excess mileage by DOUGLAS shall be reimbursed to CITY at the rate of25¢ (twenty-five cents) per mile. 8. At the end of this period, DOUGLAS shall return VEHICLE to CITY in good, workmanlike condition as would be expected given the additional mileage plai:ed upon VEHICLE by DOUGLAS during this Agreement. 9. DOUGLAS maintains the right to modify and/or re-paint VEHICLE as it sees fit during the period of this Agreement, but to return VEHICLE to CITY with original Englewood Public Library "Rainbow Express" markings restored . CITY shall provide DOUGLAS with specifications for acceptable standard for re -painting/modification, and DOUGLAS shall conform to said standards . 10 . CITY shall, on a quarterly basis and on dates mutually agreeable to both parties. perform routine maintenance on VEHICLE, to be performed by CITY employees at CITY's Servicenter located at 2800 South Platte River Drive , Englewood, Colorado 80110 . It shall be the responsibility of DOUGLAS to transport the vehicle to the Servicenter for routine maintenance and transport it back to Douglas County when the vehicle maintenance is complete. 11. As part of this Agreement, CITY shall make normal maintenance of VEHICLE a priority within its other assignments so that VEHICLE is not removed from DOUGLAS' scheduled operation for more than two business days each quarter. CITY, as pan of this quarterly maintenance, shall be responsible for the professional quality , technical accuracy, timely completion and the coordination of any and all necessary maintenance and/or repairs and shall, without any additional compensation, correct or revise any errors, omissions or other deficiencies as may be called for under this Agreement. CITY shall submit to DOUGLAS a written statement listing any and all work or services performed on VEHICLE as part of quarterly maintenance . 12 . As part of this Agreement, CITY and DOUGLAS agree not to : refuse to hire , discharge, promote, demote or discriminate in any manner of compensation, performance , services or otherwise, against any person otherwise qualified solely due to race . creed, gender. sexual orientation, color, national origin or ancestry . 13 . This Agreement may not be modified, amended or otherwise altered unless mutually agreed upon in writing by both parties . 14. Neither party, CITY or DOUGLAS , shall assign or transfer its interest in this Agreement without the written consent of the other party . Any unauthorized assignment or transfer shall render this Agreement null , void and of no effect. 15 . All notices and communications under this Agreement to be mailed or delivered to CITY shall be to the following address : Director of Library City of Englewood 1000 Englewood Parkway Englewood. Colorado 80110 -:? - ' ... , • • 16. All notices and communications under this Agreement to be mailed or delivered to DOUGLAS shall be to the following address: Director of Library Douglas County Libraries 100 South Wilcox Castle Rock. Colorado 80104 17. Terms and conditions of this Agreement shall be binding upon each party, its successors and assigns. 18 . Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be party hereto, nor shall it construed as giving any rights or benefits hereunder to anyone other than CITY and DOUGLAS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. ATTEST: CITY OF ENGLEWOOD Loucrishia A. Ellis, City Cleric Douglas Garrett, Mayor ATTEST: DOUGLAS COUNTY LIBRARIES James LaRue, Director . 3. • • s S0F2003ti~ BY AUTHORITY COUNCIL BILL NO. 90 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING AN EASEMENT AGREEMENT FOR PIRATES COVE BETWEEN THE CITY OF ENGLEWOOD AND PUBLIC SERVICE COMPANY OF COLORADO. WHEREAS, the Public Service Company to underground existing overhead utility lines near 122S W. Belleview Avenue [Pirates Cove construction project); and WHEREAS, with the passage of this Ordinance the Englewood City Council authorizes an casement agreement with Public Service for the under grounding of the existing overhead utility lines adjacent to Pirates Cove; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjon ). The City Council of the City of Englewood, Colorado hereby authorizes the Public Service Company of Colorado Easement Agreement, attached hereto as "Attachment I". Sectjon 2. The Mayor and City Clerk arc authorized to execute and attest said Easement Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 15th day of December, 2003. Published as a Bill for an Ordinance on the 19th day of December, 2003. ~cad by title and passed on final reading on the 5th day of January, 2004. Published by title as Ordinance No . __ , Series of 2004, on the 9th day of January, 2004 . ATTEST : Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Enalewood, 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 2003/2004. Loucrishia A. Ellis -1- -· J1V1s 1c:s Soutn Metro Div1s1on L.CC.,.. TiCN N 3~ ,,\ve. 1 3oucn W inae,m.,. SL RC'N ..CCNT :dward M . 3aretla OESC~CN AUTl-!CA :dwaro IIA. 3arella ~™CR ACORESS Puelic Service Company of Colerado 10001 'N . Hampden Avenue. LaKewoed . CO 80227 DOC .NC . __ ;>l_,\TiGIIIC NO 21.ao-,ce. :lOOr'..80 E 'NCIJC/C11EG NO . 3119 , 57079 PUBLIC SERVICE COMPANY OF COLORADO EASEMENT The undersigned Granter hereby acknowledges receipt of geed and •,aluable consideration lrom PUBLIC SERVICE COMPANY OF COLORADO (Comoany), 1225-17"' Street. Denver. Colorado. 80202-5533, 1n consideration ot ·Nhich Grantcr(s) hereby grants untc said Company .. ts 3uccessors and assigns. a :1on-exc:us1ve 9asement :o constnJct. operate . maintain . repair . and replace utility lines and all fixtures ano oevices. used or useiu1 in the operation of said lines. :hrough. over. under. xross. md aleng a course as said lines may !Je hereaiter constnJcttld in LOT(s, -· SLOCK __ , SUSOIVISICN _. in the __ of Section_j_, Tcwnsnip ~South. Range 'j8 'Nest of :he ~ ?nncioal Mendian 'n :he ::1y Jf =ngtewood County ?f Araoaroe State of ·:01oraao . :he 9asement Jeing 0111scnbed as fo11ows : See Exhibit A attac:ied hereto and 11ade a part hereof. The ~asement s -=.;,:_'eet ·n ,v,dth . The side ~ounoary 'ines ai the usement snail !Je lengthened ind stlortened as :1ecnaar1 :o encomcass a :onunuous suio ,Ji 101 ·ess :han :he acove ·.v,ctt, 11 111 Joints Jn ·'3rant0r's JtOCerty c:rcsseo !Jy the acove aescnoec easement ano axteno1ng to tile oounoanes oi aojacent prooernes. :ogether ·.vith :he ngnt :o anter :icon said orem1ses . :o sur,ey. :cnsU1Jc:. i,a1ntam . Joerate. :ecair. -eo1ac111 . con1ro1. ano use .;aie :.itility lines ana ;e1a1ea ·ixtures ana ,Je•11ces . ma :o remove tJbJBC".S .nterienng :herew,tn . ·nc:uding :lie :nmm1ng Jf :re.a ano !lusnes. 3110 :ogerner Nllh :ne ,gnt :o JSe ;o ,iuc:, .Ji :ne 1a jo1ning Jrem,ses J i Jrantor <Junng surveying , ;ansU1Jc:ion . rnaunenance . recair remova1. Jr ,eo1acement JI ;aio :ilility lines ano ;e1a1eo fi xtures ano ;ev,ces .JS .i,ay :ie recu1reo :o :>erm11 :he :>oeration oi stanoarc uality :onstruc~on or repair macninery . The Granter ·eser,es :ne nght :o use 3110 oc=uoy ltle 93semen1 tor .111y :>ufl)Ose consistent ".VIU1 the 1gnts ,no Jnv1ieges above ~ranted ano wh,cn -.viii not ,nteriere ·.v,th •Jr illoanger 1ny of :ne said Comoany's fac:litles :h-n or 'Jse thereoi. Such reservations by tile Grant0r 3nall ,n no >!vent :nclude tile ngnt to ¥ec: ur ,:ause to ce ¥ec:ed 3ny owlolngs :,r struc:ures ucon :he iasement ~ranted or :o locale 3ny i,0011e home Jr :railer :in11s :hereon . In .:ase Jf :he ;Jermanent aoanoonment Jf :ne easem ent. all ,gnt. ~n v1 lege . and interest g rantee snail :erminate. Th e ,\/011( :>f nsta11ing ana maintaining said iines ana fi xtures ;;nail :e 1one .-.ir, ,:are : :ne sunaca aJOng :ne a!asement snail ~e restorea suosiannally :o ,ts ung1nal level ana condition . S ig ned thi s-----day :>f ---------2003_ (T•;pe :>r ;J nnt ~ame Jelow -!ac:i signature hne wun offic:al ~tie f orcoraaon . ;iannersn10 . flc .. 1: GR..lN TCR: C itv of ~nalewood .:i. ~ a C h m e n ':. l . t ..• .. • • Exhibit A An easement (15') fifteen feet in width within Section 9, Township 5 South, Range 88 West, of the Sixth Principal Meridian , County of Arapahoe, State of Colorado, having a centerline described as follows. Commencing at the Southwest comer of the Southeast comer of said Section 9; Thence South ago 57' 00" East along the South line of said Southeast '!.., a distance of 835.00 feet; Thence North 00° 03' 00" East. a distance of 30.00 fNt to the Southwest comer of a parcel of land recorded in Book 574 at Page '170, County of Arapahoe, State of Colorado, Also being the North right of way line of West Belleview Avenue and the Southwest comer of a parcel of land ntec:ded as an Improvement Survey Plat at Reception Number 02664; Thence South 89° Si' 00" East. along the South line of said parcel of land and North line of said West Belleview Avenue. a distance of i .50 feet to the Point of Beginning; Thence North 00° 03' 00" East. a distance of 37.50 feet; Thence South 89° 5i' 00" East. a distance of 350.00 fNt to Point A: Thence South 00° 03' 00" West. a distance of 37 .50 feet to the ?oint of Terminus on the South line of said parcel of land. recorded at Reception No. 026o4 ; Beginning again at said ?oint A; Thence South 89° 5i' 00" East a distance of 228.QO feet to the East line of said parcel of land nteorded at Reception Number 02664; Thence continuing South ago ,57• 00" East. a distance of 29.00 feet; Thenca South 00° 03' 00" east. a distance of 12.00 feet more or leu to the Point of Terminus on the North line of West Belleview Avenue. • t • • '..J ,,. ' I -~ t_ r I \ / \ I ' l I I 101j))l ~ U ~ ~ ,I_ J.. -<tm <..l c---- 7ZZZZ --"---..-------------------" . ··---------·-·----· ---.. . . .. -------. -------------------·~----·-·----·--··---------- LAB C ' l I 1 · llJ : ~ It I wwwww --llnu~--__ ) --7·-------=--_: - --r --, --, ._----=-=--~---=--=--= YAHC 1000 cu --1 69 -- W BELLEVIEW AV E BY AUTHORITY COUNCIL BILL NO. 91 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE REPEALING THE SUNSET PROVISION FOR THE TRANSPORTATION ADVISORY COMMITTEE. WHEREAS, a Transportation Advisory Committee was created by Ordinance No. 65, Series of2001; and WHEREAS , according to Ordinance No . 65, 2001 the Transportation Advisory Committee was to tenninate in two years unless the Committee and provisions of said Chapter are renewed by Council Ordinance; and WHEREAS, the Englewood City Council recognizes the bard work of the Transportation Advisory Committee; and WHEREAS, the Transportation Advisory Committee and the Englewood City Council wish to delete the sunset provision ; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sectjop 1. The City Council of the City of Englewood, Colorado, hereby authorizes the elimination of the sunset provision of the Transportation Advisory Committee. Introduced, read in full, and passed on first reading on the 15th day of December, 2003 . Published as a Bill for an Ordinance ·on the 19th day of December, 2003 . Read by title and passed on final reading on the 5th day of January, 2004. -1- ,, t .. • • Published by title as Ordinance No . _, Series of 2004, on the 9th day of January, 2004. ATTEST: Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrisbia A . Ellis, City Clerk of the City of Eqlewood, Colorado, hereby certify that the above and foregoing is a true copy of tbe Onlimace paued on final reading and published by title u Ordinance No. _, Series of 2003/2004. Loucrishia A. Ellis -2- • • - • BY AUTHORITY 0 . COUNCIL BILL NO. 93 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING A CITY DITCH CROSSING LICENSE AGREEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR A FIBER OPTIC CONDUIT BETWEEN COMCAST OF COLORADO IX, LLC AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Comcast of Colorado IX, LLC (Comcast) wishes to install a fiber optic conduit un~ and along the City of Englewood's right-of-Way for the City Ditch; and WHEREAS, the fiber optic two inch (2") PVC conduit thirteen feet (13') across in an underground bore beneath the City's right-of-way for the City Ditch; and WHEREAS, the fiber optic conduit installation crossin1 is proposed at a section of the City Ditch located al the City of Littleton Servicentcr ll the southeast comer of Belleview and Santa Fe; ml WHEREAS, the City of Littleton is installing the cable for the City's INET Project to use u a network to connect various city offices; and WHEREAS , Comcast assumes full and sb'ict liability for any and all damagea of every nllUre to persons or property caused by or in connection with the crossing installation by Comcut; and WHEREAS, the City reserves the right to make full use of the property in the operation of the City !)itch; and WHEREAS, the City retains all rights to operate, maintain, install, repair, remove or reloclle any of the City's facilities located within the City's ripl-of-Way; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended City Council approval of the License Agreement al their December 9, 2003 meeting; NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : ~-The License Agreement between the Comcast and the City of Englewood. Colorado for crossing the City Ditt,:h with fiber optic cable conduit, attached hereto u "Exhibit A.• is hereby accepted and approved by the Englewood City Council . ~-'The Mayor is authorized to cxecule and the City Clert to lllelt and seal the Agree ment for and on behalf of the City of Englewood , Colorado. Introduced, read in full , and passed on first reading on the 15th day of December, 200 3. Published as a Bill for an Ordinance on the 19th day of December, 2003 . Read by title and passed on final reading on the 5th day of January, 2004 . -1- ., .... .. : • • Published by title as Ordinance No. __, Series of 2004, on the 9th day of January, 2004. Douglu Garrett, Mayor ATTEST: Loucrisbia A. Ellis, City Clerk I, Loucrisbia A . Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance paucd on final reading and published by tide as Ordinance No. __, Seriea of 2003/2004. Loucrishia A. E1lia -2- CITY DITCH CROSSING LICENSE AGREEMENT 0 nus LICENSE AGREEMENT. made and entered into as of the day of ------· 2003. by and between the CITY OF E!'IGLEWOOD . amiiiilcipal corporation of Colonido. hereinafter referred to as "Englewood" or "City~. and COMCAST OF COLORADO IX. LLC, hereinafter refem:d to as "Licensee" WITNESSETH The Ciry. without any warr:111ty of its title or interest wlwsoever, beTeby authorizes Licensee. ill succeuor or usip. tO install one fiber optic two inch (2") PVC conduit thirteen feet ( 13 ') ac:oss in an underpound bore beneath the City's right-of-way for the City Diti::i. desc:ribed as a pan:el of!and situated in the NW 1/4 of Section 16, Township South Range 68 Wes: of :he o• P .M .. county of Arapahoe, Stau: of Colonido described as follows : I. 3. 4 . S. Described in E:dlibit A. Jtt:1ehed hereto. The above-described p:m:e! contains :wenr;-rive ;qua.re fee-~ more or less. Any construc:1on ~onie:npi31ed or penor.ned unce: :his License shall comply w1m :md conform 10 ,t:in<brds formui:ue:i bv :he ~1:::::or .:>i l.'tiliues oi the C:iv :md such construc:ion ;hail be ;,e:'for:ned 311d ;ompie:ed :ic;ordin1 to the ;,l:ins 0 :ippro\'ed by :he City . Licensee sh:u! noui)· the C:ty·s Director 01T11iiues 31 :eas: three (3) day, ;mor :o the time of commencement oi :he construc".ion .:>f .. or ;my repairs made ro. Llccmee · i fiber optic c:able conduitS md :issoc:31ed !'JC:liries .o .!la: the City may . in its dis..-:-enon. inspect ,uch oper.itions . Witl11n :hmy (30 \ d:lys from :he d:itc of ::ic ;ornmc:ic::nc:it of ;onsuuc:ion of ;aid borina and msi:;ill;mon of iiile: .:>puc ;:abic :ondu::.. :he :.:c:nsee ;nail .:omplcte ;uc."I construc:ion . pi.ice 311d :n:un131n pcrm.me:'lt. v1s1 bic :nan:e:-i of 3 typc :md :it such loc:itions :is des1g?Wed by :he C:ry ·; D1rct:or oi '..:ulincs. :-eiem111 to :he ;:::ite:-l ine of the inst.ill.irion . ;hall :le:ir :he crossing :i= .Ji iii :onsmic:ion debnS ;md ~tore the area to itS prc"1ous ;ondiuon :is :ic:irly :is may be :e:is.:in:able. In the event the ?l=a of the centerline markers :md the ;le:inng llld res:orarion .>i !he crossina ~ is not complt'led w1thm the time ;pec:fied. C:ty :nay complc:e the work 31 :he sole =xpenK oi L:tensee. City shall have :he :ight to m:untain, :nsw!. repair. remove or reloc:uc :he City Diteh or any other oi :ts :'ac:iliues or tnst:iil.irions w1tlun City's n,htS-of-way ill :iny time lllCI in such mannc: u City deems nctes~ or con,·en;e:11. The City reserves :he :xcl111ive right to control all <e:ise:ne:'lts md install:lllons . In tbe event the conduits or :he fiber oplic: c:ables should mterfe:-e w11h :iny iu!lft use oi:he City's npis-of-w:ay by :he City. :he Licensee shall. upon requcs· and 31 its ,ole ~-reloaie. re:irr:mac. or remove ill installations ,o :is not to inre:-fc:r: with ;my .lUCh use . Any repair or rcplac::nent oi 3IIY C1ry :ns-..:iil:111011 made IIICCSSll'y, in :he opuuoa of :he City 's D1m:1or oi uulmes beQusc of the coDSffllCtloa oi the Licensee· s tibcr oplic: able conduit or othc:-~purtenant :nsullanon :!lr.:oi. sball be made at :he sole :xpensc of rbl Licensee . 6. The supul.111ons ;:ind condmons of .n,s L:censc slwl be incorponied into o:oninc: spec1fic:itions 1i the :onstTUt:1on hc:-e:n l:lthonzcd ,s :o lit done on 3 ;onr:rx: basis. A. t • • ,,. a. ."Ale ri!lhts :ind privileges granted in this LicenK shall be Sllbject to prior qreemenrs, licenses and/or anints. recorded or unrecorded. iDd it shall be Licensee 's sole responsibility t0 determine the existence of said documents or contliCUD& uses or installations. Licensee shall conract 311d fully cooperate with City 's pcnonnel and die comuuctioa shall be completed without intcrfetenc: with any lawful, Ulllal or onlilllry flow of wamr lbroqh the City ditch. Licensee shall -all risks incidau to die possible presence of such watffl, or of sionn waras. or of surface warers in die City Ditch ..... 9. All irenches or holes within City's riptu-of-way shall be blddilled and mmped to tbe oriainal pound line in layers not io exceed six !6) inches loose --t0 a compaction of ninety percent (~i,) Stalldard Proctor '.14axinwm Density . I 0. Licensee. by accepwic: of tlus License. :xpressly assumes full :ind suict liability for any and illl dama1es of every l1ltW'C IO person or~· c::iused by water from the ditch le:ilcin; throu!lh the ditch banks or pipe!ine lI :he point or poinrs where the Licensee perfonns ;my work in coMec:ion with die :ossin1 provided by !his License . The Licensee JSSwnes all responsiililiry for :naintenaac: of :he :nstallanon. 11. Licensee sha.il mdc:nnify :ind save harmless :he C::y . its offic::-s ;md cmploye:s. ~ainst any :u,d all ;hums. dam:afes. :ic::ons or :a11Ses (Ji xtion :ind ~'tpcnses IO wiuch it or !hey may be subJected by re:ison oi said cons:.-.J.:!on ;md maintenance of:he ~ optic cabie condwts be1n11 within :ind :IC:'OSS .111d unde :he ;,re:mses oi :he City or by re3SOR of any work done or by omission made by License:. its 31=rs .ir employees. in coMec:ion with die .:onsll'UC:ion. rq,lac:menL :naintenanc: or :ep:ur of .aid inslaiwioa. 12. It is expressly qreed t1w in ;lSC of Licensee's bte:ich oi:iny -1f:he within promises. City may . at its option. have specific performance ~f. or SIie rbr damqes resultin& from such br::ic!t . 13 . l.'pon :i.b:indonme:11 of :my li&ht or pri\'ileae :ir.:m v,inted. rhc n!lht ofLu:e:isee :o tlw a tent shall :e:m1nate. but its obli;31ion ,o :ndcnuufy :ind sa\'e !1armless City . irs officc:s and .::nployees. shall 1101 ti::mnwe in :my =-·enL In Pim& the above amborimioa. Ciiy -the riam IO maim ftall -of the Jll'IIPfflY involved as may be necesmy or convmicm in the opnlioa of the Wlllr wvm plan! 111d sysrcm UDdcr conD'OI of City. · IN WITNESS WHEREOF this illS1nllllCllt 1111 been execmed aa of the day 111d year first above written. CITY OF ENGLEWOOD, COLORADO By:_....,..---,,---,..,...---- DouaJas Gumt. Mayor ATTEST : Low:rishia .-\. Ellis. City Cleric The undersi!IIlcd offic:r of Comc:ISt oi Colorado IX. LLC has read the foreaoinl License :and ap-ees for and on behalf of said Lic:nsee that it will accept and will lbidc by ~I the cams and conditions thereof. LICE:-ISEE : By:--------------- Tide :-------------- Address :------------- Phone :----------- STA TE OF COl,ORAOO COL"NTY OF .·\R,\PAHOE !he forqoin& inmummt -3Clalowlcdpd bcfin lDI Ibis_ day or ________ ,.,...~ ___. :oo;, by ofCOIDl:lltofColanda IX. LLC . Wl~ESS my band 1111G saL My COIMUSSIOD apua: NW1 / 4 SEC . 16, TOWNSHIP 5 SOUTH, RANGE 68 ~ST, 6TH P .M. EXHIBIT ;. A.RAPAHOE COUNTY --------7:'.--j---t:J7.-1 / 1 ,,."1 ....... 1 ,,. "°"1 at / .. ~ aJtCNCDfMT / -s'11' l NE 1/4 CCR ,.,_ / .,> '1P' l SEC 18 ... ,; / / ; . TSS~-j:e .,/ / / CENTENNIAL H~GHTS ./ ,,.,,. FILING NO. 3 . , 1 .: / POINT OF : N9-ZT4%....._~~0~~·/:;.--SECINNING : "-~· } :· -----~::··----L_____ t I I .t / r··-------------L I ct~ i .._. : / ··, r-I i ' "' I C:"!lf"::'NNl-1L HE'G' ·--'"" : Y.!I:! I ( ' ' I ~ .... ..... : : r: ,:::i :'.: I I~ ' , e ...... AMENDc.J P!-~-;--~ "' j / f I .. '• .. , .... ···: § I !:,i I : •·· : , ........ ~ .. / .. / I 1· PI_AN QR.A WI NG PROFILE NQT iP SCAL; LEGEND I I BCUNOARY 0.1.1:u . ri-o-·, I I UCD1S£ GRAHT[IJ ... • i ----.:::,.:.-::~ ----'Tr!E DENVER MUNIOPAI. WA itR WORKS omct f7 1HE OIU DIGM!R CITY DITCH ==:c.~,~ SC"l.!: D,C _ 1 / ' .. • • ~vlPORARY CONSTRUCTION EASEMENT Tbis Temporary Consauctiou Ea.Y:mem (the Temporary Euemeat) is mered imo dns4!_ day of Ct.1zla:C , 20<8 by and between the City ofE.nilewood. Colorado, a. amnic:ipal carpomioa of the sme of Coio!Jdo, actin1 by tbe dlroqb ill W a1l:f and Sewer Board(Grmror) and QoroCHt' oP 04!ooulo lx. LLL ______________ (Grmrb). WHERE.AS, The Cir/ ofE::glcwood owns a right-.Jf-way for the City Oia::!1, a. cmic:' diu:h {City Oia:h ROW) whic!i is loc:ired as described oa E.'thibit A. WHER.E..\S, "~A£~ o F C.C,ao "y..C,desires :o insQila 1-.r C4H4t~ w;H:,. C,\;; .. ;+;-" ca.lls ' within ctic City Die !lOW ;,unu:mt :o a lic::ise ,ctW~ :he ?8ffles. NOW, TiiER.£FO~. In .:onsid~on of:ne :nurual .:ove:wits of:hc ;,arties, mor: particularly !l~.nate: se! :orth. d:e Jde;wic:, 111c raffic:e:icy of-.vhich are !lc:-cby acknowled~ it is ~ is :oilows: I. Te;m;ooc: Consf .;c:;on ;;ise;t1Qt E.1glewood (:is ~rmtor) hcrelly ~ts to CoMcvr o C@rq.J,ut,w;.. ras Grantee), its successors, m1gns, contrX:on. :md ;uo-;oatrx:ors, 1 non..:.tc:usivc te:nperary constnietion e:ise:ne:u airou~. ove:-. "Jnde:-111d r.oss ±e Citv Oitc:!1 ROW for :he inst3i!arion or l ecM<'iwt tee C.bec o.>ft,.s. • ---------------------purswmt iO a lic:nse li!:::n:::t , the ?roJ~). 2. Te;,n f :lS~Qt, rae P:-01~: will ·,eilll :10 ~one: :h:1n '11 ,:qhcr: and will be .;omp ie~ed :10 !ate~ :ban J)c,mk . Cllfflpletion of :he Project will be d~~ :o have oc:arred upoa .nspr.:ion ind lpproval of die P:-oje::t bv GQlltOr :ind :his T :::noo~ E:1Se::ie:.t "Nill be dc::ned to bave a:nnin:1ted upon iUC:l ;ompletion. · · ' 3. ~-Gr.in~ ih:111 ~ve dlc te:npOrirf :ion-exclusive rigilt :o e:itc:-the City Duc!:l RO\V for :my ~nablc ;,urposc t1cc:smy or prude:lt for :he on.s:r-..r.ton f :he ?7o.ir.t SW>J~ co :he :oilowin1 M!Stric:ions : l) normal ~ I JC ;on.sute:u wtlh COOT .:onsiruction ooun, ~lonchy e . craion Jt !GUt;me:it md hc:lvy :rJcks will oc ~c:-::: ::... c\; .ry Due:? ~C\V .:>nly Juring :ior:n:il worlc:.ng W'S ' ... . .. .. , • • . . '') . • 7 It. •• 4. Rptg@tion. U poa completion of the Project, Grantee will pcibml sw:h resu,rarioa and :egradiag as is aecessazy or prudem to resron !be surface ma of the City Ditch ROW to its original corictirioa. ,. Jpd;mnjtigtjon. Grmre:, to the mmt ;,crmiaed by the laws and constitution of the State of Colorado, briy qrees to be liable and bold bamlless the City of Englewood, its employees, llmlDIS, and pisa from my and all claims, causes of action. and liability which may occur II a result of the aegligent or wt00ifw actS of Gramee in the CODS1l'UCUOD of tbe Project. including the cost of defendin1 apimt such claims. 6. l.illillir!, Grantee hereby acknowled&es chat it undemands dm tbce is wmr flow in the City Oia:h from April l co ;liovember l of =ch 'Jal and dw it will assume liability for any damage co adjoining property caused by wuer tlow resulting from damage co the Cir:, Diec C3USed by the Grantee's constrt1ction acri vi ties. 7. Insllljlnce. Grantee shall maintain tl1 ~l :orce :md .:i:l'ec: ~ valid policy of i.nsur.mce for ':he ?roje::: :n the :unount .Jt 5600,000 .00 prope:t'/ coverage mi S600,000.00 liability coverage. Grance: :ur.hcer 2gre:s that~ iis empioyea, concrac:ors 2nd sub...:oncr:ictors worki..g JO :lle ?rojec: shall be covered by adequate Worke:-s Compensation ~uranc: . 8. Assignment. This T o::npor •• ry C.Jnstrec::on :JSe:ne:it :s mi&n&ble only with the written ;,e:missiqn oi ~nglewood. ·Nilic!l ;,e:missioa will not ume:ison:ibiy withile!d. conditioned or delayed. IN WIDl:SS WHEREOF, the ;iarties he:-::o :iave :e:otec-,1ted chis temporary constrJction EJSe:nc:ic on :he dace and day nm ·ltTictc:, lbove. • ' .. . - ID Jr1DbD1 the above audlmimion. 1be City reserves the rials 1D mab 1bl1 use of tbe prapany illwlved •maybe necemay or coavmient in the operation oftbe water wom plam aad symm under conaol oftbe City. IN WITNESS WHEREOF this imtrumcnt bu been aecuted as of die day and year &nt above wrium. CITY OF ENGLEWOOD By: ____________ _ Stewart H. Fonda Oirecmr of Utilities City of Englewood Chairman Englewood Water an~ Sewer Board The undersigned officer of~=--------------baa read the f'ore!()ing License and agrees for :m on behalf of said that it will ---~'.":"""":~-:---::--:--------------accept and will abide by all the terms and conditions thereof. LICENSEE : Notary: · .; My commislion expires: Address: ___________ _ ,c E ·C7 Phone:------------ ~----·---~ t • • A RESOLU110N DESIGNATING 1llE BULLETIN BOARD ON TifE NORTH SIDE OF TifE SECOND FLOOR OF TifE ENGLEWOOD CIVIC CENTER AS THE OFFICIAL POSTING PLACE FOR ALL LEGAL NOTICES OF THE CITY OF ENGLEWOOD FOR 2004. WHEREAS, !he "Open Meetings Law", State Statute §24-6-402(2)(c) requires that the public place or places ror postina lc&al notices shall be designated annually at the local public body's first reaular meeting or eac11 calendar year; NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-The official posting place for all legal notices of the City of Englewood for the year 2004, shall be the Bulletin Board on lhe north side of the second floor of the Englewood Civic Center and such notices shall be posted under the heading "OFFICIAL CITY NOTICES." This Resolution does not in any way of itself create a requirement for notice. ADOPTED AND APPROVED this 5th of January, 2004. A'ITEST: DouaJas Omen, Mayor Loucrishia A. Ellis, Ci~ Clerk I, Lo:.crishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No._, Series of 2004 . Loucrishia A. Ellis • • COUNCIL COMMUNICATION Date January 5, 2004 INfflATEDBY Agenda Item 10 Ci Department of Finance and Administrative Services City Clerk's Office Subject Designation of Bulletin Board on the north side of the second floor of Englewood Civic Center as the Official Posting Place for all Legal Notices of the City of Englewood for 2004 STAFF SOUia Frank Gryglewicz, Director of Finance and Administrative Services Loucrishia Ellis Citv Clerk COUNCIL GOAL AND PRMOUS COUNCIL ACTION On January 6, 2003 City Council designated the bulletin board on the north side of the second floor of Englewood Civic Center as the Official Posting Place for all Legal Notices of the City of Englewood for 2003. RECOMMENDED ACTION Approve a resolution designating the bulletin board on the north side of the second floor of Englewood Civic Center as the Official Posting Place for all Legal Notices of the City of Englewood for 2004. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The OPEN MEETINGS LAW, State Statute§ 24-6-402 (2) (c) states that •a local public body shall be deemed to have given full and timely notice if the notice of the meeting is posted in a designated public place within the boundaries of the local public body no less than twenty-four hours prior to the holding of the meeting. The public place or places for posting such notice shall be designated annually at the local public body's first regular meeting of each calendar year.n · FINANCIAL IMPACT None LIST OF ATTACHMENTS Resolution • t COUNCIL COMMUNICATION Date Agenda Item Subject Jar1uary 5, 2004 10 C ii A resolution to amend the City of Englewood's ICMA-RC 457 Deferred Comoensation Plan Initiated By Staff Source City of Englewood, Finance and Administrative Frank Gryglewicz, Director Services Deoartment COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council has not met on this specific topic, but has made the City's total benefit strategy a priority to attract and retain quality employees. The ICMA-RC 457 Deferred Compensation Plan is an integral component of the City's benefit package that allows employees to defer a portion their earnings. This benefit gives employees a method of saving that defers payment of tax on both the contribution and earnings until the funds are withdrawn. RECOMMENDED ACTION Staff recommends the City Council approve the attached resolution. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Internal Revenue Code has been amended to require changes to the structure of the deferred compensation plan. This resolution authorizes the International City Manager Association Retirement Corporation (ICMA-RC) to amend and restate the deferred compensation plan in the form to the ICMA Retirement Corporation Deferred Compensation Plan and Trust This change complies with all enhancements required by the Internal Revenue Service. FINANCIAL IMPACT This action will not have an impact on the City's financial condition. LIST OF A ACHMENTS Proposed resolution . -- . ,.:· .. .. ... As your 4S7 d.r.md a,m,.._ion pion....,...., ICMA-RC wiD ....,.,.,... _ ......_. •1 I aiw ..... ~ wilh mo~ dlanp."' rho n1m1 ihis i, rcuibk . Our Enyloyn 5m,ica Unit ii ........ 1~3:z6..7272., _ ,-......,._ CONTIUIIU110N PROVISIONS ._ ............ ,_...,.._ ......... ........,_,, , 1 Oliff-..__ ...... Def,n-tdA,._,,.1 Panidpent1 WCR mfWrcd, under Employff dd"<rnl ...-, for E.nabla we dcfmal al Pmbobly -· In &<"""I, <mpio)-.n will Sa.·rion, -i.OI. 4 .0! 1hc Pfan documcnc. to mttr or 4S7pl....munnowbein.,.. aau........t lid,. Pl)', Y1ation be in compliona wiih ,hi, rui< as ~ u ammd dot Joindt, Apm,mr prior to when compnmcion is Pl)', and bodt poy. rbey msur< mtployffs hnt ag...d to ikfrt goY<rning rlan dtfrnab prior ro paid. no< bm,n, ir is amal. prior 10 ,he fine day of ,he nkJftrh Jurin~ ,I~ calendar month it was to (S.. .-inun<dia..ty below for which 1hr font dtfm>J is mniu<J 10 hccomt d'fectiw for a,mpmsation (Stt row imm<diatdy below for fflOffdcaib.) ICMA-RC. ·no, rrc Qfncd" as of duit monch. mon:dcaib.) V.fr,T,J, •Iv ...... ,;°" r..,. sidt Plan JiJ not pmnit Jd'tnal of Dekrrals of accumulared Ylation Allows porticiponu to mali< sizabi< Considn .Jjuscins admi11isua1i,rc S«rtou 'i.OJ P•:,. .,.J llMI, PIIJ accumubrcd vacation pay, sick pay, sick pay, or bodt Pl)' contributions in tht ynr ol prootdura ..-:ialnl wirh paying (co,.ti•llltl 011 ffl/:ld ~i pay, "'back pay. ("accumulau:J pay") an, now n,rminarioa ol anployam,t ac:cumulattd rer in otdcr to facilir:m: specifically pcrmirred subj«r ID ~ rhe conditions ci<w'l<d rmployff dcfnnib ol accumulalni r,y inro rho following conditions: under rhc "Poa-R.:gularions" dwir 4S7 plan K<OUnr,. Aaotding tn tht column are ma. fo11l 4S7 ttgulations. pani<;ranu mar""' . l'amciponu ,,,_.,.. to ...... aca,mulffl,J pay Iha, is raid ofiff cuntributt tho aaumulau:J Since dot pn,poel 4S7 dwy i.... .........,.._,. For rhis m-. if pay prior ... rho dm lhis pay .........,..._mnaditlMa, is apeaod d,a·~ wiH .. •""' bcaimapo,..a,i.rodtt 2002. ......,. public ....,.,,... aJminisrrari,,,r,..,....... itl onlrr ID pay panicipont. (Pvticipona ... ...... facilnaans .... drfenl "' .... IIC<Ufflubood pay"'....,..,_ whilt -ha .. tO mall, thio ........ ..-cunoulated pay br their ....,....,.m....,i.,,..r. c.-;.. V, prior"' .... r. .. .i.,. ..... .....,_ .457 pion-pn,ad,Ba....,..,,... -.....,;Jrri"' "' n~,rh is is poyal,lc.) a I ntaltS o/ hdpi,,s than build mis po...-..., -ti..t in ArPmJi• I. EJccrion can be ,uclr, • i. their-..i.r.n.d . In a 1hr month ol _...;o.. if addition. since dw -;:y- Cfflliin conditions an ffll't. ........ ..... cunlirmed .... poniciput11 --dtfi, aaumulascd pay ihar is paid .C... -;..;_u law............_,, ,. \, "---Ar 0-....elRC...WID Ploa o.--c..p. Nace, ADJ.ups ...... _..._ ....... &..I.S7 ........ __.J.i, 11,2DIJ,_..._____,.J-,._l,:1112(oo .... ~ ... .......-, ............ .......__ /\J your 457 Jd"emd L1>11'f" ...... iun p1aa p,wiJcr, ICMA-RC will m can,"'-addidoml ~ ..... -....i wid, lhc rqula""Y dwltles, a, dw ....... rhis is boiblc:. Ou, Em1*>1ff Scn,ica Uni, is awaibblc ar 1..00-32£-7272 ro -your quations. CONl'RllltmON PROVISIO~ (COHJ1NUl!Dl ._ r-....,.__ re. .......... .......... ,.,..,..w........i.._ .... ~ ......... D,fomJs ofl'"''"';.,. P-,. Sidt . Panicipaea may -dcler _.....,_.._ ...... ,.,,,, ·"" &,,l ""' r.·-;,,,,,J) accumulaa,d i-Y rhar it pa.'cl uaplana,ci,rs or mmiJaiag rbt oiro lhcy lcnc cn,ployma,L ~ol-aaiiw Foe ........... if. panicipaa, adrniaiRnmc ............. wlaich rmninara cmploymmr in -,aid allow mar........,._ ID January, but his/Im dc'=r rbcir -..i-i i.. ... aa:umularcd .-y is nor poid ....... -rho "Em1*>1ff unril fcbnwy, this Adminisrnriw Aaiom" rulwnn .• aocuaou&.ud..,.-, -be li,r mon, iabmaoor,. Ir is ddi:rml ilMo hulha 457 -aai-1 rhar many.......,... . plaa aa:ouar in Fcbnwy. wil-a,facilirao,d,ia Wrcr iJenofyi dlia praaa. "-· in onler .. ....,_ .. ':t;,.......s pami&'chia, -_.,.,,_ wiD rqpJariona.lCM,\-RCurpd ............... r1mrpn,a,,1u,a rho IRS m chaap ia pa,moa -...t widi,.,.. J OD tbia ..... bu, dapioc--,1am1,.,. ctrora. dlia .-naive rule --w..1.) . ,,_ Tlt,fi,w/ ......... I -""'-.. "'fr-' ,f __ ,.,...,..,rRS ,,,,_. .... tliJl,"""1 .... ....... ,.,. ..... ,.,. ..... ,.,. A,. ,_., it.,,..... """_,,,,.., J..JJ .... ,-;, ""Jef,rN/"' -.. ,.,,.,,,..,,,,.,._, ·• I .. ..,. . .--~ . ··,:o/f"·· • " , .. : -.. ::!·~ .. :.·:: ... . . . ~"' O-.-.,I.C ...... 457 "-n..-<....., \, N-All clw,po ....S. ia ...,.._wld, die&.I 4S7 ......... _..J-, 11, :!NJ,_ ....... ,_ .... ,.., •J-, 1. 2'12 (•apodlW ., .......... , • ...._-"" ........... As ,our 457 dcfcr...t compm,arion plan pnwid<r, ICMA-RC will tu< can, al -oddirional adminillnriff ..... aaxiMcd wid, tho rqularu,y do•ng<s, ro tho <lllear mi, is k.uihk. Our Employ<r Savica Unit is anilabl.. u 1-ll00-326-n72 ID_, your qunaiom. CONl'JUBlTl'ION PROVISIONS (CONTINUED) ·-.............. ................ ........... ,..,..,. ... • I oMiHActiw PIMO.-. ..,..,__ Co11tril,.,;.,, LJ,,,;, Comribucions limittd ro rh< ksxr The 457 plan ainrribution limit Pnmda grater dd'.rnl Probably non<. Siner nnployo, W<t< Sn1ions lJJ]. :.17'. 'i.01 ofS8,SOO ex 33 1/3 ollndudib&.. ,rill now b«he i...r of (l)a opponunitia lo< low« incom< ~lied of mis chanr,< ro ,he C'Ollrrilourion (PrnidC'nl Bush signed chis dungc eom.,....,.,.,.. (<quivaknt of2S'M, dollar amount in~ lo< <ha< ponicipanu. limi1 last ya,. it is bdined that mt111 haw 10 1he ptrccnr.tgc limit inro law of pre-deferral cuml""'sation). yar (e.g., S 13,000 in 2004) ex alrady implm,m,eJ ,he -rr du1,g<1 lase yor as pon of thee Job IOO'MI of"includibk" co !heir poyn,11 systems. If no<, paymll Crca1ion :md Worktt Assi.n:m« rompmsa,ion. lndudihk sysm,11 should be moJifial to "l'l~Y I OO'M, A« of 2002.) Compensation no long<, ha to be limit ro groa cumptnu1ion less any «duad by ......... a,ncribu,ion, picked-up employ« 401 plan . t0 dmmol plat11 (e-1-, 401(k), conrributions. (S« ·rost-Rrgul:ui,"'' 403(1,), 457, 125 caktma plans). column .) lncludibk Compensation mW( only be «duad by mancbru,y .--("pidood-upi........,... 401 plan a,nml,utiona. c,,,,,. u, c.,,,n1,,,,;."' Nonn•I r«imnmt agr ("NRA") Under a ,p«ial ndo, "qualified · FornuJa.. abiliry of poli« and Modify adminitlrariff pnxalura 10 s.c,;.,,, 2.1 ~ WU r<qui«d 10 be tho SlfflC' for all police and fudightas~ an 6re ....-...i to mai.. Cfflh..up -... "qualifiod polia: and 6,.flgh,ns . rmplo)"us. daignate a normal lftiranont • oonuibutiono earlin than ocher Ir< l(('Offlmouat...J apprur<iatdy burJ OP ("NRA") earlier duon ocher plan m,plor,<a . rhe final 457 rqulMions. ponicipona. but .... earlier ...... • 40. Thew individuob .....,.nycwoclo,ipatt111NRA ,rithout t<pnl to .......... under their "booic plan" bu, noc lam man-7o 112. 'This spttia( rule is availoble 10 a •qualified polia or firrlighm" as defined under section 415(b)(2)(H)(ii)(I) of the Internal Rcvmue Code as a participanr with • ... ot k'3st I 5 y r:ir< of service ... as• full -time employee of any police or fire dq,artment which;. organittd and operated by the State or political subdivision 10 provide polia protection , firefi ght ing ><ervict'S . or emergency medica l services for 2ny are:i within the jurisdiction of such State or political subdivision ... •. 0 ., ·· ...• . ,• I " . .. .,. . ... .. . •. ,. -,19 . • • . • . . ..• J . ... , .. • .' .• I "-I 1 ., :. •• .. :, (J .• ••,.· . . ' \, ~Al O.......elRC.._..'57Ploa o..c.-a-p N.,.., AU c ....... ....ic ia-wi1h ... &..I 457 _...... __.J..,.11, :zoo3,-e11op;w--...,. •J~ 1, l002 (• .-i&eal l,y d,,e......-), ...._ _...i od,onnoe. As your 457 Jdcrml compcn,a1ion plan pnwida, ICMA-RC will iake att o( .,_ addilioml odminismri"' QIU auociued wid, ,he r<gu1a.....,. changes. IO 1he n1em rhi, is feasible . Our Employer S...ia. Uni, is aniJ.blc: ar 1-800-326-7272 IO answer rour ...-;o.,.. ----CONTRIBUl'ION PROVISIONS (CONTINUED) ·-Prc-Rcplaaiou r--......-. lapllcadoao Em,..,.. AdaUHllnltffl! Aa..... l'lu~I Rcmaa, c.,,,.,,_u, (i,,,,r;&.,;.,u r . .ni...f1ta11l~ pcrmitu . .J 10 II.JC ~S7 pl.an panicipa.us may oo ~r Provide paniciponu the: Enwrc: adn1i1UKfflivc proi.:cJun:s allow Section 5.02(b) l.".lh .. h -up ouly ont.:t and were able IMC W1UKJ Jdanb fN111 a brno apportuniiy ro 111< arch-up panici~u IO mu.imizr char cuch-up hi uia! unus...-J "'·forf".&l s hUm <D'f*')'<f'• 07 plan w ...i.. oonml pruvision with mulriple con1ribu1iuns i.-1 on 1he final 457 p1 ior crnpk•) a.. at,h-up wntrib,nklUll under their -~· H-.irlimiuthc: rcgub1ions . ~m;nt aupluper 's ,.S7 plan. employ<e from wing unwed 457 plan pmici-·-_ .... de&nal from prior cmploymcn1 . normal c.atch..,p ~ under rbcir Confirms that ponicipanu may t.WTCnl aaplu,..T 0 1 pba ( ......... sufric.ml UIIUlal Jdcnali ~ awailaWc asaaimix a«h-up comriburionl. unJa rt.a, Wffal plan) dapi,r dw r..:, dwy-.1 .... caodi--, --uoJcr I M_, ...,..,... .• pion. 111 sicuaaiona .... panicipana Me _....Im ...... ,.w;c ...... anpiuJmduriaadic-- pa..J. dwy -............... "--...... -i. .. p1., ••• plan . tt-.rbcdclcml-=-....... d,e eaod,--, limir MI puuc,,l,r ... ,... Md rbc - -tile paniciplnl cu doer • .i-.......i..,. .... ,. ..... _ ........ pan~-.... ...... cad, • .., oppurwnity. Mr nampk, if a 41 ,... old in 2003 .,...,dpota in._ 07 plam ud hao 1hc ........ --,I dd.naloc (I) Ploa A · $10,000: (2) PIM 8 • S7.000. hc/d,c <uu1J .a.fu 1 ~ ol(I) S22.000 uudn Ploa /\. (112.000 ounaal OiNllribucioa muimu111 ,- SI0,000 in Pion/\. ..--1 Jdttr.J,)"' (2) $19 ,000 under Pion 8 (S 12 ,000 oomul connibuwo ni.&UAM1m plUI J" ,000 in PIM 8 .......JJd'a-..11).H-.doc Ulal.l--hdahc QUI ...... cl.is si1~1iun for the 200J tu ,.... ..aid -be S2l.OOO. ' • 1---, ..... ~., • . .. ' ' " . \, ..... • ' Mladiaat At 0-....•RC ..... 457 Ploa 0.-.-Cloupo N-Allcliaapa..iela-.i.-widtdie&..1457 ............... J..,.ll,JG05,-....... __....,•J-1,2902(•opod1Wlo,die ......... ),..._-.d..........._ A, your 457 dderral compmarion plan ptO'ride<, ICMA-RC will rue arr •-additional adminillnli>e mb amciaml widt .... ,qulacaoy chonps. to rhr .. ,..,, rhis is fn,;blt. Our Empr.,,,.r Sa,,ica Unit is ...a.blc or 1-800-326-7272 to...._ your cpmcions. CON11UBtmON PROVISIONS (CONTINUEDl ·-Poe-......... .._ ......... ' lapllcadoao ..,._~AcdOM l'lu Doaoact,r ~ "At,5ouum-u,· "At,< 50 cal<h-up" pn,viaion war Confirms dw ponicipona • 50 PIVricla ...... cWanl Modify admini>lnriff .,..-lwa ro Section 5.02(2) sign«! into law u pan of dw or older an make additional opponunitia for paniciponn who ffllW'< paniciponn may fully uriliu rho ag,c Economic Growth and Tu Rdicf conrriburiom abcm, rho lllllml ..... ,ached .. 50. 50 or ,-,nal ateh-up contribution R.canciliarion Act of 200 I normal conniburion limit. pn,viaion. (EGTRRA). Con&nno rim duri .. ""' ..... yan ending prior to .__. r«imMar •·· ponic:iponn may conrriburerho.-of(I) rho • 50 aa:1,.up-,n, or (2) rho --~...i...;..lfflllllDL "Suf«•r" HIN-' /RA, No specific proYision rdaring ro Allowo anplo,en ro pmilir Proricloi -.-,..-on oddirioaol Dmnnint wherh<r Sidoar IRA will hr: made Sccrion 9 o..m.d IRAI. anp&a,-ro a,nrribu,,e duoup • ......,.. bmcfir ..... ...w .......... .......... .....,... . ...,..,a cloduaian ... I Tndirional ma, obiliq (D ................. or Rod, IRA dw is 1 "tid<ar" ro. •mplo,<a. Na.:TheSidoar IRA ---dw 457 plan. Paniciponn A Siduu IRA_ .... help indlldcd in rhr ICMA-RC model plan imaring in I Sidear IRA 1111)' --....... nnploym who .......... conaibuer up a, dw 457 plan m,pto,.n..i-.rlwir,... .-... __,,. wil ... adopcing .... """'°maby_,..1Mplaaia Sidoar IRA...-. H-. dnri•• aNllffllUbOll laait and ............ .........,.. Ant,...,..,_ rho fact rhM you adopc rhc Sidoar IRA andabcm,uplOrholRA mnaiburion,oddcopl,a-. __....i1,....c1o--comu.mis .-ril,utian limit. For .......... s.-d. puricipooa-............ during 2003. 1 4S7 plu -•rheirSlclrarlRA-........ ......... co,.,..,.......,....,....do __ to...,.........dwm .rt...-. ponicipuu ..tor rhc • of 50 Thinl.SioloarlM.Wp-.-rha i,, onlor re...,.._,.. 1 Sidta, IRA could .-uil,ure • mud, • iacho...,._ ......... .....,_ • ...,...,... .--ICMA-RC', $12,000 ro dw 457 plmund The-a(ICMA-RC', EZl.ink ...... sdminis,nrion -· ~ S3,000 ro I Sidocar IRA. --..i..dlRA Y...t....t Paniciponn • 50 or older 1ft El.1.-. ............... .,....... ..... If th. Sickar IRA prorision i, implnn<nc.d, . ..... •• make additional ....,... ., o8ir Slclrar IRAs ....,....,_ ohould mu.~ cho"F' ro a,nrribuuom by utilizing ....... ......... dwlrpo,-11--payroll l)'lttffll and proce.tum to rffllit 50 att:h-up pnlfflioa". ..... sipillcandy IO dirir conmburiont ro ICMA-llC. -wdilood. 0 • ·.· .. (J .. . t '• ~Aa o-....o1acMM11457 "-o.a,.-0w,p \, ----,ic ' Nocci Alldwipo...de iaOCCDrdum ..... &..1457 ........ ..,..J.., 11,JOIIJ,_ ...... --i.,.J-·1,JIIDJ (•opodlW..,. ........... ), ..... -..1......._ As your H7 .kfcrral curnp<nsa1ion pbn provider, ICMA-RC wiO iuc c:att vi-additional adminillmiv< wb -,ciau,d widi die "l"latory changes , 10 the cncn1 mis is rcasibl<. Our Empluror Scmca Uni, is av.ailablc at 1-800-326-7272 co --...-;c,n.. CONTR1Blm0N PROVISIONS (C0N11NUED) ·-Pre-........ .............. ........... Eaplo,w ,Walaiotndw Adlou Plu Documa,1 ............ &uu C11Ntrib111i•w Nt1 spa.-ifk provilion Macing to R.quua ·-defanJs· ,o be Fornulaa aaa dmrnl taacdy Modify odminillntive pn,ccdwa hued on S«:,ion 5.05 ~u:.::u u)lltributions. Thac discribuu,d ·u IOOll u and ........ mac< """"''" dw, .... --ddcrnl provision. :an,ounu 1ca1er.ally remained in adminiscnrivct1 paa;hl<· wr mr ~rpnai«. the pL.n buc Wl:rc ffifUiral to be pbn d<tmnina dx .,_.,., is in ,,.~c:J Juring 1hc ya.-uf Jcfcml. accss. If e&a:11 deferrals arr nor discribu,al, .... plan could be consldcn:J an ·ineligible p1an• and subjca IO IUalion undrr die rula o(Sccoon 457(1). n..-o1mm1-,is ol-,.. rual in che ya, ir wu con1ribuu,d 10 die pion and caminp.,. rual in die ya, dx -ddmal isdisrribu...L • ,, \, ~As o...i-t1ac...._.4,,,._ o-a..p. N-. AD c1wip ... dda 11a .... t .. nhh Ck &.1457 .............. Jalr 11, aJ, _........,__..., •J-,, 1,2001 (•.-,IIW .,.,..,...._,, ...._ _.,. ochawloe. Al l""" 457 Jefm<d annpm,arion plan pr,mder, ICMA-RC wiB aloe arr o( -lllditioail ad • nitnam ,--;and with the rqulatury chanp. to rhe nttnt thi, ii fcasihk. Our Empk,,er Semas Uni, ii awilablu, 1.-326-7172 to-,.,... qumions. W1111DRAWAU l'ROVISIONS ._ Pre-....... p __ ....,..... 1..,uc.,i-Eaple,a Mal•lllntlff A<doDa ..... Doctltaatt 11.titrmu [...,,u ICMA-RC Plan docummt hu Tho .-.,-1...,i.ions confirm Confirms•~ ICMA-RC None. S«,ions 8 .0 I amt 8.0.\ pnmined loans on the urM tennt the availabilil)' of panicipon, louo paoirion dw <mployas ....,, .i..:. liner 1998. under Scaion 457 piano. to iaduclt • loon r..ru .. In moit 4S7nlon. WithtJ,,,,-1 El«,;.., rrior 10 me ...... of me .... .........,..._ ...... _ .. _Pn,,,ida 457 plan panicipona None,. ICMA-RC 1w impkn1<11tnl S...'C1inn 7.01 Economic Growth and Tu R.li<f 457 plan ponicipona may chonF 'With die -withdrawal systm11 aftd opentional t:h:mgn nccCS1ry R<concili.1ion Aaof2001 their paymm• cla!a/ochcdula. flmbi~'Y availablo m panicipana n, accommodatt this flnibility, ~live (EGTRRA), 457 wi1hdrawal, wu, This induda panicipona who, in 401(1,) and odwr mirmwn, January I 2002. cxtttmely ratrictive. prior ID January I 2002, _,.. plans. rocming bcnefi, pa,-na or who had p,nio,uly aal,li,hcd I I t-inni--clne. E~9W,,,,.,.,,_ls n., only namrln ap«ificd fur Addirional nampla of a....i.n. and darif ... prmoudy Mm any neasary ,hang,cs ,o Stt·,fon 7.(M'i ffllCtJ<"CY wididnwah ..... un"'-blo-....-......ipidanctandallows administnriw procNura ro accommoJa,~ financial hardship multing 6om • pnmd<d in die final 4H additioml 8fllllionl .. qualify fut die additional qualifying .....,......,. ,uddm m-oraa:identofdie rqulariona: -.,ncywithdmnb. withdmral sinariom. panicipan1 or clq,cndma a< a 1cm . imminalr lindallare ol. or of 1hc panicipan1'1 pn,pcny duo maion ftom, pr;_,, ' mcaauliy. .......... . __ .. lundablc dodioaibla and ...-iplian moolicinc . .................. -. dq,a,da,, (• clrfined in IRS Code Scaion 152(1)) . .... DIOd "' m,uild • home w....g-.oo•home -od,aw;. ..._... by homeownas' iftllllUICr. A...._.Ai 0.--olRC ...... 4S1 ,._ Deaoa.t Clioapo • -_;,, . \, . . Nocn All du ... ...S. la -=onluu widt ihc &al 457...,.._ l....iJllly 11, lOOJ, uw ollioahe-i..iy ,oJ-,. I, l002 (• opodlW by doe ........... ). ulca -..i ocllawilc. As yuur 4S 7 JJ.:m-d comp..,.,.,iun pl,n pnwidtt, ICMA-RC wiD tab can, of,,_ addirional acbninillmiff wb .-....i with the n,gularocy cha .... to ,he atenl this is fea,ibk. Our Empluycr Savic:.. Uoir is avaibble at l-B00-326-7272 ro • ..,_ your questions. WITHDRAWALS PROVISIONS CCON11NUED) , ..... PR-......... , __ ...,.._ boplladMo l!apla,e Adaboiolndft AaioM PluO.-t Rae,..,. E111 ,rx,·m7 WilhJrM1 !wls F fflc.'1F1M.:y withJr.aw-.&ls muld A pani<ipon1'1 bcodicwy may Previously bcn<ficiaria wae nor Mike any nccawy changes to S«rion 7.06 only uccur u chc rcsuJr of 1 now Wlc aa ancrgmcy ...,....,. pennita,d IO tab adminisuaalw procalura w accomnMN.bce rin,1.m;i.il fgrJJup oh p;enicipaoc . withdnwal on rhc ume tmnS • cmerwmc,, withdrawals. a bend'icia,y's abiliry m talce a cmngcncy appliablc ro the paniciponr. llcndiciaria did how<..,, have wirhdrawal . ,hc abiJiry 10 g<n<nlly tab wirhdnwala u daiffll. This t:= bmc6ciari<S the added I}' of being able ID W<C .....-, wichdnwab in .............. ....,. ... ..am .. periodic ..,._a wimoul hawi,. · IO aha their QllffllJ poymmt -· E111n1""'7 \r,'i1/Jr;1w.1b Home pun.1w. .. ..oo ,he paynl<tu Connmu rhat i-pwdwa c-a-, with prior guiddi-. N-. The r....i r<gulations .,. a>misrcnr S...,ion 7.06 of 1ui1kH1 wcrc u ~ and ,he..,._. of Nitian --with pmoous guiwncc on this iauc. digibk lix ......_ withdrawal, considcnd clipblc r... -.-r c:~cpc in au-&N.Jiawy wnhdmnl, ........ in \..lfl,UIOll.ukn, curaonli--circumsanca. l>it'OIY't Si,,,,,,i.NI -QORO, ICMA-RC', ~S7 l'l,o ducumcor The .... pnwiJa 1 '-maliaod The ........... pnwide. Pniliohly --Sm anployas -Section 10.02 (Q,u/i.ficJ /),,,u,-s1U' ll&ui.Hu has pcmuual QOROs undn ,he -r...~with4S7-r........t -"' .... with noci&ed of cbia ma.,. alier the-· (),-J,.:n} rule. appl...bk ru 40 I (a) plan in Jil'OIU li11111iou. 457-iadj_..liNMiom. afEGTTRA ill 2001, it is belie.al tha, Mi.a 1hc p,,a.tCC of 1hc Economic -plaa ..--. ............... the c ,._h ...J Tu Rdid -adnliaistn,m chanp to Rc1.un-.:ili.Hiun Aa uf 200 I aaom~ "-QDRO rqiularions. (FGTRRA). ' \, ~/u o-..i...JRCM .... 4!17Pla0--a-p Nou, All changa madc In am,nlanawl ..... 11...r 457 .......... .....iJ"'r 11, 2003,_ ........ ~ •J•-,.1, 2002 (•opocilW r,,, ... ,...t.riou), ur..-..i oth<nme. A, your 457 d<fm..J comptnarion plan provider, ICMA-RC will tak. <aff ol fflOlf oddi~ adminillmiw easies aaociar<d wich 1hr r<g11bmry chang<s. ro d1< <XtnU chis i., r.-..ibk. Ow Emplor,r Semas Unic ii availablt at 1-800-326-7272 10 anlW<I' your questions. PORTABIUJ'Y PROVISIONS , ..... Pre-Roplodom P--R .......... l..,UC.,.-.....,..,.. Mtnlnlotnrift AcdollS Plaft Oonamtnt L~- P£t11-•Pln Trt1H,ftr !'I.an-to-plan ttandm brr-,, l'tan-to-plan translm brr-,, Pruvida individ...l, who "'°"" Adjust admini.snatiw proaJutl.'s 1u rnsurr Stcrton 6.IO gow:mn1<nral 07(h) plan,...,. _... ... n,al 457(b) plans Ill.JIii ...._ puhllc toCtor m,ploy<n in individuals havr the flnibiliry ro 1r.uufr-, 10 limited 10 plans within tht mnc klaauJimilal IO plan, wichin the dillmat ...... the opponuniry IO and from any gov<mOl<Otal 457(b) plan, state. ume111a:. -,lidart their 457 mimnmc ttgardlm nf th< locatinn of rh< plan . ......_ PLm -10-PL,,. Tr11,ufrr T,an,r," from go ... nmmul 457(b) Govnn111<ntal 457(b) plan -Pnmrla indiviJuala the llaibiliry to Adjust admin&luaci\"t ptU1--a..lures 1.u icnsu~ Scnions C>.10, 6.t 1 fllans to purch»r ~ice crNits arc may be tnmfmal to gowmn1<nral pu-i-oema,cndit undtr a individuals haft 1hr flnihiliry to transfrr noc pnmiucJ. 40 l(a) ddl...t bmdic plans to ddined bendir pion. Trandm.,. thcir 457 plan -tu r11rdt11< • I"" ~ poR am« cndir. In -limiffll ID plans within the ..... tcfflU Cffdit in • dtfincd bmdit plan . addition. tn..r.n ,,. noc Gmittd to -n-gmllm .r rlw lnatioft of th< plan. .J ..... within &hr llfflf IIMC. PIAn -to-PIAH r,.. Transl'"' an' ncM pnminnl bttwttn Th< t<pbriont a-firm rha, C,anlinm ... pidanco. c, Probably none. h ;. bdi<v<J ti"' """' Sn.1iun (d)"J, 6 .11 gowrnmmral and ru-nmrpr rnrufm ... nor pmnimd .,.._ nnploycn have .. miniscmM procnlum: in 457(b) plans. .......,.......anr1 ... ..._ placo a,...,.. .... 457 tnnoknatt only 4S7(bl plans. pmn1rro,1 "'and r ...................... , ••7(b) .J ••• and -... -457 ... _. Rollim Fr#,,, TrnHitMtttl E•l#r Onl)' currc.nr eniplu)us werr To cmutt it ii rk moa nt"UMr pa. Alow ffffflirurcd.........,_ to .............................. ~ Sntktt•~ :.?.16 . fi ,11 pnmicrcd to n,11 ._, rn,.., other ,.....;ncd by law. rt.. ICMA-RC .--w.. thcir ... -...... cm~r plans and IRAI ituo dw ....... 457 p1an-. hao .,_ -In addirioa. allowa ICMA-RC ..;n hanJI. th< majority of th< currcnr tmpk,)'ff plan. .--Wcoallow.....ir-.1 .......,... ................ oddirional a.l111inlllra1ion at.1ntiarcd wi,h rufluwn inm ........,_ ........ _,.._ ..... -·-.457,-.choyollrr. ,... ........ -....... ~'"'"' ..................... r.-.. arderto""""'"'-dwlr-..-,........;w . ..... _;.,.....pi... N-/CMA-RC~• -;._._,_ _.,.. ... .-.. -ti,,i,,,..;--,1,r,·11nm .. ....-,_, ... _,__ ,. Mltliri ... """,...,..,.,. ,...,...._ ti,,,, .u.. • ., Mlt/i....,,/-• .., i_ "-i, """' ·-"'...., ,_,,.. '9.. •• ,..,,,,.,.;r wnawnw. \ A RESOLUTION AMENDING THE CITY OF ENGLEWOOD'S JCMA-RC 457 DEFERRED COMPENSATION PLAN. WHEREAS, the City of Englewood has established an ICMA-RC 457 Deferred Compensation Plan for such employees that serves the interest of the City by enabling it to provide reasonable retirement security for its employees; and WHEREAS, the deferred compensation plan provide& increased flexibility in its personnel management system and by assisting in the attraction and retention of competent personnel and has detennined that the continuance of the ICMA-RC 457 Deferred Compensation Plan will serve these objectives; and WHEREAS, amendments to the Internal Revenue Code have been enacted that require changes to the structure of and allow enhancements of the benefits of the deferred compensation plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-The City Council of the City of Englewood, Colorado hereby authorizes and amends and restates the deferred compensation plan in the form of the ICMA Retirement Corporation Deferred Compensation Plan and Trust. ~: The assets of the Plan shall be held in trust, with the City serving as trustee, for the exclusive benefit of the Plan panicipants and their beneficiules, and the asaets shall DOI be diverted to any other purpose. ~-The Trustee's (City's) beneficial ownership of Plan assets held in Vantage Trust shall be held for the further for the exclusive benefit of the Plan participants and their beneficiulea. ~-The 457 Deferred Compensation Plan will DOI permit loans. ~-The City of Englewood (Employer) hereby agrees to serve as trustee under the Plan . ~-The Director of Finance & Administrative Services for the City of Englewood, Colorado shall be the coordinator for the Plan; shall receive necessary reports, notices, etc., from the ICMA Retirement Corporation or Vantage Trust; shall cast, on behalf on the City, any required vOICs under the Vantage Trust; may delegate any administrative duties relating tc the Plan to appropriate depanments . ADOPTED AND APPROVED this 5th day of January, 2004. ATTEST: Douglas Garrett, Mayor Loucrishia A . Ellis, City Cleric t .. • • I , Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2004 . Loucrishia A . Ellis, City Clerk • t ,. • COUNCIL COMMUNICATION D (J Date: Agenda Item: Subject:V~ January 5, 2004 Initiated By: Staff Source: Safety Services Division Chief Vandermee COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None RECOMMENDED ACTION BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED On September 20, 2003, marked police vehicle 7373 was totally destroyed in a motor vehicle accident By using available asset forfeiture funds in addition to the CERF funds designated for the vehicle's replacement. a 4-wheel drive utility vehicle can be purchased and will add to ~e overall efficiency and responsiveness of the Uniform Patrol Bureau. The 1998 Ford Crown Victoria sedan currently assigned to the patrol lieutenant would be marked and equipped as a standard patrol ve hicle bringing the patrol fleet to full strength. FINANCIAL IMPACT The CERF account would provide $22,000.00 toward the purchase price of $29,012.00. The remaining $7,012.00 from asset forfeiture was approved by the Forfeiture Board on December 3, 2003. LIST OF ATTACHMENTS SERVICENTER Garage Summary Specification Sheet for new vehicles. Memorandum to Director Chris Olson from Division Chief Vandermee dated October 9, 2003 State of Colorado Vehicle Specifications Bid Sheet ' ... .. • • SERVICENTER GARAGE SUMMARY SPECIFICATION SHEET FOR NEW VEHICLES STATE AWARD @ IF YES , AWARD# ('f}Q48 YV ')B tJ NO MANUFACTURER OF VEHICLE ..... C_.._.b ..... c .... Q.._rc.._' .... k .... c _____ _ MODEL OF VEHICLE Ji he E Tb I 1c e <:' Df'Cl a J I AIR CONDITIONING €, AUTOMATIC TRANSMISSION POWER WINDOWS POWER DOOR LOCKS 4 WHEEL DRIVE ALTERNATIVE FUEL OPTION C E R F REPLACEMENT YES --(@_,,· NO NO NO NO NO NO NEW ADDITION TO FLEET YES NO DEPARTMENT VEHICLE ASSIGNED To 12 I ·ce C·OPvat cn,s 01 l JC5 I COMM ENTS : ~-J 6cc 5 ict:a Ir~ at ~/ cav -(u (T ')3'73 • • Agreement u /U'+I) I I / l)!Vl wr V t:lll~lt:ll Agreement Number : 07048YY78M MANDATORY Agreement Status : Current Category: Vehicles Commodity Description : PatrolSUV,414,Large Period Covered : 10/07/2003 -06/30/2004 Option to Renew for O More Year(s) Commodity Code: 070-48 Contract Status : Not applicable ·• • • State of Colorado Price Agreement rca~c;:, u1 • .,,-:: Division or Finance and Procurement State Purcbuing Ofl'"ace 225 E. 16th Ave, Suite 802 Denver, CO 80203 Please direct purchasing agent inquiries on this award to: Michael Wallace at (303) 866-6143 Amendment Number : Amendment Effective on: Reason For Amendment: Amendment History : Ordering Information Contact: Ted Baca Order Number: 970-686-2575 Toll Free Number : Fax : 970-674-9359 Contact .Email : Terms: F.O .B.: Delivery : - Minimum Order : Company : Does Business As: Address : City, State, Zip : CHAMPION CHEVROLET CHAMPION CHEVROLET 90SOBWY392 WINDSOR, CO IOS!O This Agreement Results from Solicitation Number : lFB-AFA-SVSS/SFM-MW-03 Conditions of A2reement: l ',.. ... See below for options : http ://www gssa.state .co .us/PriceAwd .nsf/bOb I c9ac 1 b0f27fd872567940062 l I blllb62b0be ... 1 o.9/2003 ' • • ....... Agreement v, V't6 1 1 1 on,1 1u1 v c:am,n:::, Agreement Prices: $27,739 .00 "'w.ew--- http ://www.gssa.state.eo.us/Pric:eA wd .nat7b0b 1 c9ac: 1 b0f27fdl7256794006211~... 1 Cl,'9/2003 t • • -· . ·• • • Colofado S-F--goment ZD04 V!l11CLE SPECIFlCATIONS ~1-IDBld CIU5 SUV 4a4 Bodw c-= lg R...-.,.-: 1.CHEVROlET TAHOE 3: 2: FORD 4. Page1 ol2 1::XPEDITION ORIGINAL S'TANDo\AD SPECIFICATIONS: DEM CODE INDICA1£ ACllJAl DEALER SPECIFICATIONS 103 PASS: 5 PERSONS MIN. n L-. as....L---------------- 111 DDOltS . 4 F1JU SIZE SIDE DOORS _L._. t:ome, 'f 148 FULLSIZESPARETIRE _£_ Coo,PL'f 111 WH1:EL11Aae: 115.0IUIIN ~ ......1.1------------------ 1117 SIG ... CYL: I I -~ _;JL_~------------ 215 ENCI ... DISP: 5.31. I L.S~ -~_l __ L=----------------- 23'Gt/W __ RA_TING_.eaoo __ M_'"------~~~•....,.l~00"'"------------------ 31111 ABS _.,s _t/' __ ...: .. i;WaaMf-....U ........ ~U,l;RS-.. ___________ _ 415 FOUR-WHEEL ORNE _..c:.tl_ _.C.QOl_, ..... ~ ... ~.,__ ____________ _ 4511 ST!Plllll'ft-400f1'0NOUE.4CIDllnRLR ~-C~1'1htllMLUl~~~~'---------------- 471 PKG: POUCE 4WDUTJ.ITY(-) ~ ...,,$t_,f._..A,._\ns:....,,....,w,._.,.\..__ _________ _ 910 PIUIIARYRJEL: UIUADED _L__ __.,C,.-i.e-sfa.Vf;a..._ _____________ _ 9!H STANDo\RD~-IIUIIPERTOlll..eR __L_ _Co_=P\-f~C-!f~-------------- 335 SEATS.LCWIIACK.VIIM. BUCKETS ' .. • Clus:SW•4 Bady C:O.: K7 Ra!nse--1: CHEVIIOLET TAHOE J : ·• • • 2: FORD 4 : EXPEOITION • Pap2ol2 IIAKE:Utl@Kf7 aooeL: ;;;:;,.-..WUM, OUaooELt: ----~L.EVa: ____ OBICOOE: --- AVAllABI.E COLORS: ----chat 01l4ER VEftCI.F. SPECIFICATIONS I OPTIONS ~ lllacll ......... -1-.y) PRICE A31 Df'EY T1r,T~O 4LJ\$.S J2PR. All.£1+ ANO OooR.s onc.r ---~•0 ]'(~ 720 Cy lll11f/Z'( ~ ~ ......... ..,,~--1)1-i.-.. A ... L--.... &e ...... ff .... 6'1-.... ... ff ..... 4--------------------~ STANDIIRO FACTORY~ ~ dDlled daaiplllln): Mil.ES OPTlONAI. FACTORY-TY (Aaacll dalailad ........ ~ UII.E.S MONTHS PRICE EPA RJeL AATNG: -~/,_¥~-M .P.G CITY, ....,/....._f ___ M.P.G-Y DELIVERY· ,0-//0 DAYS FROM DEALER RECElPTOFORDERFROMSTAlT,(E.G. IIDDAYS) IOElfTlFY ANY EXCEPTIONS TO SPECIFICATIONS: OEALSI -CHAMPION CHEVROLET (970) 686· 2575 IIDDER'S NAME: lED BACA .= SALES MGR . 88S·e81 ·2575 - OEAI.ERPHONE: (970) 674-9359 !=AX SIGNATURE~..,,--------·------- ~ S,,dc rl\p .. '6~'u..\,Jc ~ 91aAAC4 z .. 1.11 ' • • --·•. • . :·,. ; •., ·,. j .: •• ; .. !\." '.!004 Srate Vshicie Bid #479 -PACKAGE : POLICE 4WD UTIL TIY #497 -PACKAGE: POLICE 2WD UTILITY MINIMUM SPECIFICATIONS FOR 2004 MODEL YEAR "KT' FULL-SIZE, 4 DR, 4WD and 2WD, UTIL TIY PATROL VEHICLES 2004 v..a . full-size , 4-door, 4 Wheel drive, utility ty~ Severe Service certified patrol vehicle per the following minimum specifications: Air Bags Side(670): 6 'T, Safety Canopy Air Conctrtionmg : Factory-installed air conditioning with positive compressor shut-off /'."T1. ,,,._ & , .. and head pressure relief for high speed driving. Alternator System: To be equipped with a heavy-duty alternator and regulator system; with a minimum amperage output of 130 amps at idle. 12-vott self. l~C·-• rectified . Battery: ~ ,.,6 Heovy duty maintenance free battery. 6SO CCA Battery Saver: LLY Turns off lights after 30 minutes Block Heater: i,l" c!" Engine Bk>Ck Heater. Brakes: ABS four-wheel anti-loek brake system with heavy-duty front anct rear power brakes with low pedal positions. self-adjusting, four wheel disc brakes capable of repeated stops at high speeds with no S-ro GIi\ A.ls. J:W'f p,.,... fade or side DUllina . wet or dry. Cooler, Engine Oil : c: ... , _ -· Auxitiary engine Oil cooler. Cooler. Power ~!H,rillQ..E.IIJ.iSt External power steering fluid cooler. Cooler. Transmission Oil: j .. -, External air-to-oil transmission oil cooler. Cooling System : High capacity radiator and cooling system. 6 blade fan. variable ,t TD r...-,. -~ ·-"-speed eledrodlive fan motor and lower air dam Cruise Control : T ..... , Cruise control. system . Defroster. Rear Window: :z:..u.. Elednc rear window defroster/ defogger. Differential: t:,. ~ Limited Slip rear axle . Rlllio to be approximately 3 .73 to 1. Dool', Rear: En Full till up door with lift up g1,ss . Engme: 1 ~ .C.'ll ,~ Engine size 01 5 .3l V-8 ovemead valve (mmimum). EK haust System. Single eKhaust system equipped wrth low t>ac:k pressure , stainless C'-..a I'..-c..~·-· <~.--steel muffler. F lasher. Headli9 tit : Sound off. INC "Po-r Pulse" headlight flasher system or Loe.AL I,n"''"'-approved equivalent. Power wires to be identified and taped , no switch to be installf!d. 24" pigtail to be supplied for buyets installation . Equipment to be delivered ~QI l!:§T~I I lli12 - Fi e.or Covering:'R(,Q B111ck Vinyl Floor Covering . F rame : C,I\ \.l" co-Heavy-<luly fr11me ' .... .. • • ,~!,a·::·, ; f\1 ... f·: 1 , •... Gauges : Locking System · Locks.Power: Vohmeter , oil pressure . and waler temperature gffiKJ~ rnounled in dash ill nonnal positions Solar ray tinlecl. all glass . Halogen headhghl system . If equipped with daytime running lights system must be able to be de-activated . Heovy duty tresh air heater and dual defroster. Accessory lights -Under hood lamp. ash tray . glove box , partting tnKe alert , dome light with switches on all doors. Single key locking system (different key for each vehicle). Power door locks commllcd from drivef"s and passenger position, l---~~A1.a;Jo..L----~-f_ea_r_c1oo __ r h_a_ndl_es_to_rem_a_in_Of...;_N!_.r111_io_n_a_1. _______ -----J Speedometer: y Heated left and right outside mirrors. adjustable with remote control. Body-side moldings OEM AM/FM Radio Heavy duty front bucket seats ("'S/"'S) made of either al doth or cloth/vinyl combination . The rear seat to be made of vinyl . Auxiliary speakers for hook-up to the police radio . Speakers are to be mounted in the left and righl front doors. wiring must be routed to the center of the instrument panel . The speakers must be rated al 6 .0 OHM impedance and capable of a minimum of 10 watts of power measured at 1000 Hz. The leads may be dealer installed . Speedometer to be calibrated and certified to be within 2% accunicy at all speeds. Heavy-duty power operated steering system. Heavy-duty front and l'8a' springs or equal suspension , heavy-duty front and rear shock absorbers, and heavy-duty front and rear stabilizer bars. Five heavy-duty steel wheels and five "speed rated" Goodyear tires (P2,snSR1S) BSW all season steel-belted radials . Heavy-duty '-speed automatic transmission with over4rive and HQ. first gear lockout. Power windows . driver and passenger operated only . 't' Intermittent wi ndshield wiper system . ~ . .. ... ' • • I ·h · '! .-:-...~ iE~·, I v ·:: .I . ·.· i Wiring Special : RGS8AU coa,cial radio antenna cable to eJCtend from the roof to the left side of the trunk companment with at leasl six inches of cable to be left readily accessible. An auxlHary t>allery power shld shall be furnished allowing for electrical connections of additional equipment. Two battery circuits and two Ignition circuits of 30 amps each are to be supplied with leads available under the dasll for equipment installation. Fused grounds for these circuits ~ also to be included THE WARRANTY IS TO GO INTO EFFECT ON THE DATE THE VEHICLE IS PUT INTO SERVICE. NOTTHEPURCHASEDATE Delivery to be made to the Colorado State Patrol at 15203 W . 12u, Ave., Golden, CO 80401 . Per State Fleet Management instrudions. OTHER Please 1st a desaiption of any additions anJ/or dele1lons tc ycx.,r fadDry's POLICE PACKAGE from the above listed specs or list next to the item diredly on the attached sheets desabtd above: Body Code .. ·_ --- ATIACH A COPY OF THIS FORM TO THE "DEALER'S INVITATION TO BID" FOR BODY CODE KI WHICH HAS OPTION PACKAGE Hll.and l9I Since this Package Is part af the Standard Srr:!lrl1t2rJ for body com K7, 1IJI JRtll cost for tt111 package must bt lnchfd!d 1n th! ·Standard v.,,.. "" Prtce· n .,.. on PIAt 1 d the Vehicle.Specs for this body code. P!>F-h."7\GES, PAGF. 1 ~ o[ 2S 2004 Stale Vehicle Bid #528 -PACKAGE; LIGHT BAR Attach one copy of this form to each body code spedtlcation sheet that has an Available Option .s28 Including the following body codes : A5,A7,K7 The LIGHT BAR PACKAGE nut include the following: • (Non-OEM) Code 3 Model MX7397 ACO MX7000 two-level b•. • Top level has 5 halogen revolving light euemblles, 2 minors. • Lower level hes 8-lamp arrow sick wllh conll'CII, 2 alley ~. 2 munt functional inlersedion lights, 4' stationary 50-watt halogen light usernblles. • Light bar to be clellvenKI in fac:lory ~ box end placed in tNnk of new vehicle when delivered to State Patrol Garage (NO INSTALLATION). • If bidding equal, must have exact conftgul'llllon of the above b• to provide uniform appearance and functionality. • ui,,t 8ar wmran1y cad w1 1>e sent 1n when lght b.-am cw .-e put int> service, not day received. List the make end model of ui,,t Bar 1hlll is bid: Maka {hd, ht Modellfl ¥2397 Aco tf/K-:rx:t> List any additions arotor deklllons of you: bid from the LIGHT BAR PACKAGE speca Isled above: Total P!lce fer PACKAGE: LIGHT BAR S /3.J? oo For 8octt Code: J(7 ·• • MEMORANDUM TO: FROM: DATE: SUBJECT: Director Chris Olson Division Chief Vandermee October 9, 2003 Request for Equipment As a result of the motor vehicle accident that occurred on September 30, 2003, marked police vehicle 7373 has been deemed a total loss. The vehicle has been authorized for replacement by the service center manager. I would respectfully request that we be allowed to upgrade the vehicle to a four wheel drive SUV-type vehicle which would enhance our fleet operations especially during inclement weather. The specific recommendation is to purchase a new, 2003 Chevrolet Tahoe via the state bid . Attached is the documentation describing the vehicle and its equipment. The vehicle would be quite similar to the GMC Yukon already in the fleet. . Upon approval of this recommendation unit 7335, a 1998 Crown Victoria currently assigned as a staff car, would be fully marked and rolled into the fleet. This would maintain fleet integrity and the vehicle would be repl aced with the rema inder of the fleet in 2005. The new Tahoe would remain in the fleet for a peri od of seven years . The CERF fund for the replacement of Unit 7373 is $21 ,598.00 . The cost of the Tahoe itself is $27 ,339 .00. I would recommend that the $5,741 .00 difference be secured through forfeiture funds. Approximately $1,540.00 is requested for emergency lighting equipment and an appropriate console making the entire requested amount for this vehicle $7 ,281 .00 . ' .. .. • • The entire patrol fleet will be maintained an additional year with a scheduled replacement in 2005. I would request an additional $6,500.00 for the purpose of completely detailing the remaining thirteen marked patrol vehicles. The vehicles are beginning to show signs of deterioration such as ~Ing pin sbiping and soiled interiors. By detailing the cars at an approximate cost of $500.00 per vehicle the fleet could be restored nearty to its original appearance and signitlcantty ir11>rove the extended life of the cars. Thomas E. Vanc:tennee, Division Chief Police Operations Division Type PO -"-""------Rff _ClbpY --= ·----------------- PO ------···---------PO Illa: CFC C...-------- :PO .-.: • • Num :s .--I!!! ____ 11111 ------Aw PO ~ -==~=------·;;_;,:~~ PO 111M: .191 htl 1Jt1111 :EA 1 ; , :11111: -......... \EA 1• j -------,---'-._-----:c-la..._ (Git '..EA ·1, \ :PO PO :( :~;~::~ .. COUNCIL COMMUNICATION Date Agenda Item Subject January 5, 2004 10 C Iv Request for motion to approve issuance of Utility System hardware purchase order to Lewan Associates Initiated Ry Staff Source Information Technology Department Don Ingle, IT Director Utilities Department Stewart Fonda Utilities Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Replacement of the City's legacy Utility Billing System is included in the City's Strategic Information Systems Plan approved by Council in 2001, and addresses the goal of ensuring the continuity of, and enhancement to, Utility services given the looming loss of support for the current system. RECOMMENDED ACTION Staff recommends the City Council approve__W ~ •...-iance of a purchase order to Lewan # ~sociates for the purchase of computer hanfware to serve the new Utility Billing system software \ approved by Council at their meedng on December t 5, 2003. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Modern enterprise software applications such as the new Utility Billing System are not typically supplied with computer hardware. Rather, because these software systems can be operated on an array of different platforms, the hardware is procured separately with input from the software vendor. IT staff has analyzed the central hardware requirements f~r the new Utility package and determined that it will be more cost effective for the City to utilize the recently purchased Sun hardware platform for the new Oracle financial system to simultaneously house the new Utility data. By purchasing upgrades proposed in this request, we will also be able to leverage database software licenses from Orade. Oracle is considered one of the best database solutions for high-integrity, high-volume systems such as billing packages. As such, the Utilities Department will not be required to purchase a separate platforrn to house the new system's data . With assistance from the Purchasing Division, a competitive process was initiated with 43 vendors. Only one ven dor responded within the requirements that were given. Combined with the City's current positive re la tionship with the vendor, it is recommended that we purchase the required hardware from Lewan Associates. FINANCIAL IMPACT As detailed in the a ttached memorandum, the ha~d ware costs for the recommended solution from Lewan Associates amounts to $123,899. Combined with the purchase of additional Oracle database licenses for th e system , th is puts us below the combined hardware/database budget of $233,500. In keeping with past sys tem procurement projects, it is expected that the software and hardware costs of these enhancement will be handled through a lease/purchase arrangement. LIST OF ATTACHMENTS Memorandum to Utilities Department Director Fonda Recommending Approval of Utility System Hardware Upgrades ' .. • • C • ·• --- • ·o CITY OF ENGLEWOOD 1000 ENGL£WOOD PAAXWAY. ENGLEWOOD, COLORADO 80110 • (303) 762-2300 INFORMAnON TECHNOLOGY DEPARTMENT MEMORANDUM To: From: Date: Subject: Stewart Fonda, Utilities Director Tony Edwards, IT Department December 8, 2003 Approval of hardware infrastructure enhancements to support the new Utility Billing System Recommendation It is recommended that Council approve issuance of a purchase order to Lewan Associates for the purchase of computer hardware for the new Utility BIiiing System_ In order to support the database requirements of the new utility billing solution from Advanced Utilities, it is recommended that existing systems be upgraded through this purchase. Background At their December 15111 meeting, Council approved a contract with Advanced Utility Systems Corporation for the software and services to implement a new integrated Utility Billing system. The purpose of this memo is to recommerld the purchase of hardware enhancements - separate from the software procurement agreement -to operate the new system. Our current infrastructure was built to support the City ERP System (Oracle eBusiness Suite). The infrastructure has the basic components necessary to support an additional, highly available database for the utility billing application. The current hardware used by the Utilities department is not supported by the database vendor and is not appropriate for the new Utility Billing System (UBS). In order to support the conversion , testing and production needs of the UBS, the new hardware and hardware upgrades must be purchased . These purchases are either recommended by the UBS vendor or are needed to support the daily operation of the equipment. It is recommended that the CPU and the storage on the production database server be upgraded to support the additional workload of the UBS. This is especially needed during billing operations. A new test server will need to be purchased because the current environment cannot support a continual test environment. The new test server will be dedicated to the UBS for conversion and ongoing testing of future patches or enhancements. It is also recommended that the ' .... . • /, , ~ • • • - 0 0 current test server's memory be upgraded to support possible additional database instances that may be required during the initial implementation . This would be cheaper than buying a larger test server. The current infrastructure supports disaster recovery through the use of a failover server. It is recommended that this server be upgraded to be physically located offsite. To support disaster recovery offsite, additional disk storage needs to be purchased. This additional space will support the current and medium term (3+ years) requirements of the UBS. Data recovery is important to all City functions and therefore it is recommended that our backup solution be enhanced to support a larger data storage requirement and support decreased nightly down time due to backup requirements. The current hardware was purchased to support only the ERP system and therefore will need to be upgraded. This recommended configuration will provide the same proven hardware reliability that the City ERP System has shown. This solution also has minimal impact on the year to year cost of the infrastructure. The City's Purchasing Division completed a competitive bid process to 43 vendors. Only one vendor responded within the appropriate timeframe that was given. Since the City has a current relationship with the vendor, it is recommended that we purchase the appropriate hardware from Lewan Associates. Project Costs It is recommended to use the Oracle database software already in place with the new Utilities package. Oracle is frequently used for high-volume, high-transaction database needs in Utility environments. As a result, we are able to leverage economies of scale from our existing use of the City's Oracle hardware and database platform, avoiding the need to purchase a completely separate system . This approach will also enhance the disaster recovery abilities of both the City's financial and Utility Billing systems. Project Cost Summary: Production Server Upgrades New Test Server Disaster Recovery Solution System Backup Upgrade Upgrade of Existing Test Server Project Total (including support and installation costs) $31,680 $23,031 $41 ,520 $21,248 $6,420 $123,899 In keeping with past system procurement projects, it Is expected that the software and hardware co sts of the enhancement ($123,899) will be handled through a lease/purchase a rra nge me nt. t .... .. • With approval of this upgrade by the Utilities Director and City Council, a purchase requisition will be immediately generated. Products will generally be delivered within 30 days of receipt of order. Installation will happen soon after. • • ~ Lewan &ASSOCIAT•s ~ ,, L November 20, 2003 City ofEnglewood Purchasing Division 2800 South Platte River Drive Englewood, CO 80110-1407 Re: BID # ITB-03-135 IBIS ERP SYSTEM HARDWARE To Don Clarke, Thank you for the opportunity to respond to your BID# ITB-03-135 IBIS ERP SYSTEM HARDWARE issued November 10, 2003. Enclosed you will find three copies of our response. We are very committed to the success of your storage project and look forward to working with you and the IT staff at the City of Englewood. I hope you find our response complete, accurate and in good standing. We at Lewan & Associates have a proven methodology for providing implementation services that is appreciated by a large number of our clients. We believe arc methodology is second to none and would be of great value to you. Our 3D approach; Define, Design. and Deploy, would help you achieve your business objectives by choosing and implementing the right solution at the right cost for the right reasons. Thank you again for this opportunity and we look forward to working with you soon. Enterprise Solutions -Sale 303-968-25 l 2 u T 0 N • .. " 0 " • u • N ........ p o ......... . 0 ... r ... _.... .. ----..__ ltOO C-.O...Cls. m•--Sww, e a.,.-. WY lllOOI BouJdcr, m IOlGI J0'1 Ol.)SJ) l0) 4470191 , .. __ _ C-S,,-.0>- 111.6JJ.IIOI ••s.c..,.- r.nc-.mam 910-..U --~-·,. NU-~-•••a ~ ...... 0)-L-.a>--.m---711.JG.IMI Ne••~-rt•r• MOO I. Calcndo--.co l022Z JOl.7'9.- 1111111: ? I &In swcaa ....... .- • • • -·----------.m-,,. __ t • • CITY 0 F 0 r--" r~0 ENGLEWOOD PURCHASING DIVISION REQUEST NO. ITB-03-135 DATE: November 10, 2003 INVITATION TO BID IBIS ERP SYSTEM HARDWARE The City of Englewood will receive sealed bids for supplying "IBIS ERP SYSTEM HARDWARE" as per specifications no later than 10:00 A.M . prevailing time, November 21, 2003. Bids will be_r:eceived at the office of the Purchasing Division , 2800 South Platte River Drive, Englewood, Colorado 80110-1407. Bidding firms are asked to mark envelope "IBIS ERP SYSTEM HARDWARE" in lower" left hand comer with the Bid #ITB-03-135 shown on the. front of the envelope in which the bid is submitted. The City of Englewood assumes no responsibility for unmarked envelopes being considered for award. An authorized company representative is required to sign in ink on the bid proposal form. If City offices are closed due to inclement weather, an amendment will be issued with a new date, time and address of the bid opening. The City of Englewood is exempt from all federal , state, and local taxes . At time, date, and place above, bids will be publicly opened and read out' loud . Late bids will not be accepted under any circumstance, and any bid so received shall be returned to the bidding firm unopened. In addition, telegraphic and/or bids sent by electronic devices are not acceptable and will be rejected upon receipt. Bidding firms will be expected to allow adequate time for delivery of their bid either by air freight, postal service, or other means. Bidding firms are invited to, but not required to : attend the bid opening. The C ity of Englewood has contracted with BidNet and has begun utilizing a new central bid notification system created for the City of Englewood. This new system will allow vendors to register online and receive notification of new bids, amendments and awards . Vendors with internet access should review the reg istration options at the following website: http ·UJMNW govhjds com/scriptsic.o1ipuhlic/iofo{cegoptioos asp If you do not have internet access, please call the BidNet support group at (800) 677-1997 extension #214 or the City of Englewood Procurement Division at (303) 762-2393 . All material submitted in connection with th is bid becomes the property of the City of Englewood . Any and all bi ds received by the City shall become pub li c record and shall be open to public inspection after the award of a contract, except to the extent the bidding entity designates trade secrets or other proprietary d ata to be confidential. ' .. • • ·• • 0 Any questions or clarifications concerning this bid shall be submitted in writing by mail or facsimile (303) 783-6951 to the City of Englewood, Procurement DMsion, 2800 S. Platte River Drive, Englewood, CO 80110-1407. The bid title and number should be referenced on all correspondence. All questions must be received no later than seven (7) calendar days prior to the scheduled bid opening date. All responses to questions/clarifications will be listed on the BidNet address as listed above as an addendum. The City will not be bound nor responsible for any explanations or interpretations other than those given in writing as set forth in this invitation for bid. No oral interpretations shall be binding on the City. BIDDERS MUST SUBMIT PROPOSALS ON THE ATTACHED BID PROPOSAL FORM AND SUBMIT THREE (3) COPIES FOR EVALUATION PURPOSES. By submission of the bid, the bidding fimn certifies that the bid has been arrived independently and submitted without coordination with any other bidding entity Any item offered or shipped as a result of this bid shall be new and the current model offered at the time of this 1TB (Invitation to Bid). Upon the City of Englewood's acceptance and the issuance of a Purchase Order, the specifications of this bid and the fimn's 1TB response shall become a binding contract. Bids will be quoted F.0 .B . Englewood, Colorado. If the material or services supplied to the City are found to be defective or fail to confomn to specification, the City reserves the right to cancel the order upon written notice to the seller and return of the product at the bidding firm's expense. In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City shall be final and binding on both parties. Price quoted in the bid shall be firm for a period of at least sixty (60) days from the date of bid opening. The successful bidding entity shall indemnify and save hamnless the City of Englewood and all officials, agents, and employees from all suits or claims of any character brought by reason of infringement on any patent, trade mark or copyright. Bidders will be required to conform to the specifications. Deviations may deem the bid unacceptable. Any exception to the minimum specifications, general conditions, and bidding fimn's bid will be stated as an "exception" on the 1TB form . If items called for by this invitation to bid have been identified by a brand name or "equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satis'factory. ITB's offering "equal" products will be considered if the bidder clearly identifies such products with brand name, part number and any technical data, brochures or other information, so that the City can make a technical evaluation to d detemnine that the products are equal. THE BIDDING ENTITY IS REQUIRED TO PROVIDE A STATEMENT WITH THE BID INDICATING THAT THE BID IS IN ACCORDANCE WITH THE INVITATION TO BID WHEN THE BID IS FOR THE EXACT REQUIREMENTS OF OUR SPECIFICATIONS. ' .· .. .. • • THE BIDDING ENTITY IS REQUIRED TO PROVIDE A STATEMENT WITH THE BID INDICATING THAT THE ITEMS WILL BE DELIVERED IN ACCORDANCE WITH THE INVITATION TO BID. The successful bidding entity agrees to comply with all applicable Federal, State, County and City laws, ordinances, rules and regulations that in any manner affect the items covered herein and agrees to secure all necessary licenses and permits in connection with this invitation and any goods or services to be provided . Where bidding entities are required to enter City of Englewood property to deliver materials or perform work or services as a result of an award, the entity will assume the obligation and expense of obtaining all necessary licenses, permits and Insurance. The bidding entity shall be required to have property, liability, and workers compensationinsurance with minimum limits of $1,000,000.00 and to provide the City with copies of the certificate of insurance upon request The successful bidding entity will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin and will comply with the Americans with Disabilities Act The successful bidding entity shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated during employment, without regard ~ their race, color, religion, sex or national origin. Such action shall indude, but not be limited to. ·trie following : employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination, rates of pay or other forms or compensation; and· selection for training, induding apprenticeship. The City of Englewood shall have the right to reject any or all bids, and to waive any Informalities or irregularities therein and request new bids when required. In addition, the City reserves the right to accept the bid deemed most advantageous to the best interest of the City. Any award made in response to this Invitation to Bid will be made to that responsible bidding entity whose offer will technically be most advantageous to the City -price, delivery, estimated cost of transportation, and other factors considered . The option of selecting a partial or complete bid shall be at the disaetlon of the City of Englewood . The City of Englewood is an environmentally conscious City . Vendors supplying products made from recycled materials and environmentally sound packaging will be given preference when all other evaluation criteria is deemed equal Bidding entities shall contact Tony Edwards, IT Applications Manager, telephone (303) 762-2383 on any technical questions. Bidding entities shall contact Don Clarke, Purchasing Administrator, Procurement DMsion, telephone (303) 762-2392 on any questions relating to the Request for Bid and Minimum Specifications. Don Clarke Purchasing Administrator City of Englewood, CO ' • • --·• • • Bid Proposal Form NOTE : Unless otherwise stated all parts are from Sun Microsystems . 6756A 6751A 35-WBF2-2GRB1 3769A 311L 7051A 1 SG-XLIBL25SDL-BASE 4 SG-XMEDSDL T220-10 SG-XMEDSDL TCL-10 SG-XTAPSDL T3-M0D 1 SG-XMGMTCARDL-MOD 6 UG-RMA eritas NetBackup, BusinesServer, Client Ex ansion Pack v4 .5 Standard License eritas NetBackup BusinesServer Options , ross-Platform, Client Expansion Pack, v4 .5 Extended Su ort 1 Yr 24x7 Silver Ma intenance for L25 SOLT L VD Base listed above. Silver Ma intenance for SOL T320 LVD drive-L25/L 100 listed above . ' • • The City wishes to procure installation services for the above upgrades and installations . The City would prefer Sun Microsystems engineers. If you will be providing your own certified engineers, please attach details, resume and any other supporting documentation. Unless otherwise mentioned, services will be during normal business hours (8 :00am to 5:00pm). Additional Services: Please provide a separate sheet detailing the hourty rates of your Sun Certified Engineers. ThP.se engineers may be called upon to provide ongoing implementation support. Estimated Date of Delivery: __ 1 week post receipt of purchase order ________ _ ALL MATERIAL F.O.B. City of Englewood -, 1000 Englewood Parkway Englewood,C080110 • • Invoicing Tenns: ___ Net 30 ___________________ _ Price Quote Finn for 60 Days. Exceptions:_ Address purchase order to: Avnet Hall-Mark/Lewan 8700 S . Price Road Tempe, AZ. 85284 Fax PO to: Shelby Campbell at 303-968-2416 Avnet Hall-Mark la the biller and payment aulgnN, with all the rights and ramedlN of an unpaid MIier, but none of Lewan & AuoclatN, Inc. obllgatlona to You, the purchase,, Though Lawall la the MIier, we have assigned your payments to Avnet Hall-Mark; Lewan ntmalna obllgated to You for performance under the purchase order. By: _Joel Streed. ________________ 11/19'2003_ ~~~ -~---=--------o/.1.~ s· nature _Enterprise Solutions· Sal••----------------- ntle Lewan & Associates, Inc. Company •• • • 0 S O L U TI ONS F O R BUSINESS .,,,,,..... ~~W~ / PROFESSIONAL SERVICES BLOCKTIME NETWORK SUPPORT AGREEMENT CONTRACT FOR WORK# -BLOCK THIS CONTRACT FOR WORK is made effective as of the __ day of , ___ _, by and between Lewan & Associates, Inc., a corporation with its principal place of business in Denver, Colorado ("Lewan") and City of Englewood, with a business address of 2800 South Platte River Drive, Englewood, Colorado, ("Customer"). In consideration of the mutual covenants contained herein, the parties hereby agree as follows: 1. INCORPORATION A . This BlockTime Network Support Agreement ("Contract for Work'') hereby incorporates the terms and provisions of the Professional Services Agreement General Terms and Conditions V2.1 ("PSA "), unless otherwise modified hereunder. Customer expressly acknowledges the receipt of PSA. B . This Contract for Work, together with the PSA, all related schedules, and all related attachments constitutes the full agreement between Lewan and Customer ("Agreement"). 2. TERM AND PRICING A . The effective date for this Contract for Work is . This Contract for Work shall automatically continue, as agreed, upon the same terms and conditions until funds in the BlockTime account are depleted . During this period, Lewan will provide Personnel for the purposes stated. B . Customer agrees to provide to Lewan an initial deposit to their BlockTime account in the amount of $ . This deposit is for BlockTime hours to be used in anticipated and on-going network support services in the Front Range, Colorado, area. Charges for services performed will be deducted from a BlockTime account established in the name of Customer, at the agreed to rates as work is performed. As the balance in this account nears depletion, Customer shall have the option to deposit additional BlockTime funds. Engineer pricing is subject to annual increases. Lewan's service and/or support charges will not be deducted from the Block1ime account for any network support calls tha t are not completed with in the contractual response/repair times. C. Charg" Against BlockTlm• Acco unt. Charges against the BlockTime Account will be made according to the rate for the engaged engineers in the BlockTime Rate Schedule illu st rated in Section 2 .E , including any applicable sales taxes. Only the Regular hourty rat e for each category engineer is illustrated. This rate shall be for support coverage from 8 :00am to 5 :00pm ("Standard Response Hours"). nme performed under this Contract for Work will be charged against the BlockTime account in quarter-hour increments. Th is BlockTime Agreement does not provide Engineer call-backs after-hours, Holiday hours or duri ng other non-Standard R•ponse Hours. The phone number to place a service call during Standard Response Hours is 303- 759-9633 , o ption 3. A service call may be placed to this number after-hours , however a response ca nnot be offered until the ne xt business day . ' .· .. • • -- 0 ·• • • c----( l ',i _ __) D. The engineering billing rate for calls between 8:00am and 5:00pm, Monday through Friday , will be the Regular Hourly Rate . The engineering billing rate for after-hours work on Sundays and recogn ized holidays will be double the Regular Hourly Rate . The eng ineering bill ing rate for after-hours work provided at all other times will be equivalent to the Regular Hourly Rate multiplied by one-and-a-half. There is a 2-hour minimum billing charge to the Customer's retainer for each after-hours on-site response . E. BlockTime Rate Schedule. Rates are subject to change annually. Engineer 20 Hour 40 Hour Regular Customer Cateaorv BlockTime Rate BlockTlme Rate Hourlv Rate Aocroval S"\"\ IO.(< 17/ I t.:J ,~ 3. CHARGES AND BILLING A. Customer's placing of a service call, by anyone listed in Section 8 hereunder, hereby expressly authorizes Lewan to provide Services and to bill Customer's BlockTime account for telephone response consulting, on-site Services rendered, as weH as all costs, charges, and fees incurred in the provision of such Services. If Customer uses a Purchase Order system, that Purchase Order Number for this BlockTime account shall be B. Services are provided and charged on a time basis described herein. By providing the assigned Contract for Work number (located on the face of this document) when placing a call, your support call will be processed and dispatched more efficiently and quickly. If on-site work is required and performed, Customer will be asked to verify the work by signing a Work Order either at the end of each call or periodically as work progresses. C . Charges against Customer's BlockTirne account will be only for the specified engineer(s) herein referenced for telephone support and/or on-site support provided in the Front Range, Colorado, area. If additional engineers, categories of engineers, hardware, software, parts, or Engineers needed outside the Front Range, Colorado, area are provided in addition to the services described In this Contrad for Work, those charges shall be billed outside of this BlockTirne Agreement and directly to Customer at prevailing rates . . D. Travel charges are billed in 15-minute increments at one-half the Regular Hourly Rate. Travel charges will not be a ssessed for calls within the Denver Metro area . E. Un less herein disclosed otherwise, all time spent for travel , on emergency repairs or network support services will be deducted from the BlockTime account F. Lewa n & Associates reserves the ri ght to withhold service and/or support to Customers whose BlockTime account has been reduced to a balance insufficient to cover an ti cipated charges for such pending service and/or support. Should Lewan agree to provide serv ice to a Customer who's BlockTime account has such an insufficient balance , Customer agrees to pay all invoices presented for services provided in such circumstance, regardless of whether the rates are equal to or greater than (but not to exc eed prevailing rates) the rates described herein for BlockTime accounts . G . In the event of questions regarding this BlockTime Network Support Agreement, your Lewan & Associates' sales Rep is ; they may be reached at Block_rome doc •· ' .. • • 0 ·• • • 4. RESPONSE TIMES and SERVICE HOURS n tJ A. Lewan will provide Customer with access to the Lewan Technical Services Center (TSC) and the ability to directly place a support call to a TSC representative during the Standard Response Hours of 8 :00am to 5:00pm, Monday through Friday (local, observed holidays excepted) only. All other hours will require a message being placed in the after-hours TSC voice mail box. B. Lewan will respond via telephone to calls for service and/or support within four (4) business hours. In the event of an evening, holiday or weekend call, Lewan will respond to messages left for support services on a best-effort basis by the next business day. All work shall be performed during the business hours of 8:00am to 5:00pm, Monday thru Friday, unless Lewan and customer have mutually agreed to provide service and/or support during non-Standard Response hours at the rates described in Section 2.0. C. In the event a holiday or weekend call was placed to the TSC after-hours voice mail box (303-759-9633, option 3), Lewan will respond via telephone for network service and/or support within four (4) business hours on the next business day. 5. STATEMENTOFWO'RK A. This Contract for Work incorporates the Statement of Work, if applicable. 6. LIMITATIONS A THIS CONTRACT FOR WORK DOES NOT COVER EQUIPMENT HARDWARE FAILURE, OR REPAIR OR REPLACEMENT OF ANY COMPONENT. THE PURCHASE(S) OF SOFTWARE UPDATES/UPGRADES, AND INSTALLATION: THEREOF, IS/ARE THE SOLE RESPONSIBILITY OF THE CUSTOMER. . 7. MISCELLANEOUS A . Access to the Lewan Technical Services Center and its resources are a value-added service of this agreement Lewan will not rent, lease, sub-license, distribute, transfer, copy, or permit the reproduction of any file, software or application that is not in the public domain, and/or has not been made available free of charge from its source. B. Services require hands-on system operation by the Personnel. Customer agrees to provide prompt access to Customer's equipment and system once an on-site call has been established. Contractual response times shall become null and void should Customer fail to provide said prompt access . In such event, time Personnel spent shall be deducted from the retainer amount. C. CUSTOMER SHALL INSURE THAT ALL DATA, PROGRAM(S), AND INFORMATION OF ANY KIND IS(ARE) PROPERLY BACKED UP AND/OR SAVED AS PART OF NORMAL EQUIPMENT OPERATION. LEWAN SHALL NOT BE RESPONSIBLE FOR SAVING AND/OR RESTORING OR FOR THE LOSS OF ANY CUSTOMER DATA, PROGRAM(S) OR INFORMATION OF ANY KIND. 1. Cus-tomer is responsible for providing all operating system and software license numbers upon request. It is assumed that all such documentation is available within a reasonable amount of time, should such request be made . D . The Customer may request, with at least 2 weeks notice, replacement Personnel if a technical need arises that requires different qualifications and that can be better provided by other Lewan Personnel. E. Lewan reserves the right to schedule Personnel for off-site training in order to maintain product and support authorizations . Customer further recognizes that vacation schedules , family emergencies , illness, etc., may occur during the course of an extended project. Lewan shall, upon 7 days prior notice, inform Customer of the commencement date of such training or vacation time so as not to cause undo di sru pti ons to the project . Blodi _ ime doc 11/20/0S ' ! • • • Lewan will supply replacement Personnel if any such person is absent on a scheduled or unscheduled basis and is unable to perform his normal duties for more than three consecutive business days. F. The individuals signing below hereby represent and warrant that they have the requisite power and authority to enter into this Contract for Work on their parties' behalf. 8. AUTHORIZATIONS Listed are the names and phone numbers of Customer personnel who are authorized by Customer to place a call to the Lewan Technical Services Center at (303) 759-9633, option 3, during regular business hours. The eMail address of the Key Contact (named on line 1 below) is Name Department Phone Number (Kay Conlllct on Rtsl Une) IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the date first written above. Lewan & Associates, Inc. By : ___________ _ Name:-------------- Title: _____________ _ Date:------ By: Name: Title : Date: t .. • ,- Lewan c;;···" Lewan Professional Services Douglas J. Oakes • Sun Microsystems Enterprise Certified System Engineer • VERIT AS Certified Professional Summary Over twelve years experience in the compuflr' industry. Has concentratecfon architecture, design and implementallon 'of UNIX 9eMW systems fcc:using on products from Sun Microsystems and VERITAS software. Credentials • Sua Microlystems Competeacy 2000 Enterprise Certified System Eqineer o EIOOO o SomESP o SuaFire Sens o SunFire UK o s...a,_ 0 Sunl3C • VERITASSoftware Products o Volume Muaaer o File .System o Cluster Server o Volume Replicator o NetBackup • Oracle 7 DBA Muter Accomplishments Doug haa designed and configured systems ranging from sma8 desktop UNIX workstations to extremely large data center servers. He has designed and built highly available server solutions featuring products from Sun Micrasystams, VERITAS Software and Oracle Corporation. His experience with these systems goes back through several generations of server platforms and software revisions, giving him a great depth as well aa breadth of knowledge. His accomplishments range from the implementation of small networks of NFS servers for small businesses ID large servers connected to storage area nelwol1(a running Oracle databales for major corporations. His approach ID working with each client • a partner has allowed him to Implement the best solution for each customer's speciftc environment Doug has specialized in high availabiUty solutions including dul18ring, data replication and disaster recovery. He has also designed highly scalable web serving archlt8c:turea and network baled 11Drage solutions for heterogeneous client connections. Doug has also worked • a tachnlcal trainer, gMng him an aptitude to tNch while he implements a syatam. Thia has allowed his clients to quickly become self sufficient Doug's wlUlngness to go "above and beyond" has earned him accolades from his clients and the reputation of being one of the best in the buainesa . -1400 So . Colorado Blvd. -Denver, CO 80222-303-7!59-5440 - • .t ,,_ Lewan c,:,····· Lewan Professional Services Doug Oakes Operating Systems Networks & Hardware Sun Solaris 2.x, 7, 8 cl 9 Linux HP/UX IBM ADC Microsoft Windows '95, '98, 2000, XP Experience Nci..ork Hardware & Protocols TCP/IP, NFS, DNS, PPP Elhcmcl, 10-Buc T, 100- Basc T, Gipbit Elhcmct Hubs, Switcha. RllUlal Serven Sun EnlEqlrisc 3x<KMixOO SunFin: 3800-Q() Sun Enlerprisc 10000 SunFin: UJC Suu Neira Tl/Xl Stonp Rardwan LcftHand Naworb McDa Brucade EMC SionpTek Hitachi o .. SystaDS System Components Sun SIIHEdge n Sun S11>rEd&e Al 000 I 01000 Fibre Chlnncl Hubs cl Swill:ba Tape Libraries Liatit-Ye Server ~Sysums Page 2 System Applications VERITAS Volume M.,.... VERITAS Files,-,, VERITAS Foundalion Suile VERIT AS Darabasc Editions VERIT AS ausur Server VERITAS Volume Rcpli- VERIT AS NelBackup Sun Maapmcnt Center Suna-2.0 Cbec:kpoial Firewall I iPI.-Meaaain& Server i..._ DiRcllxy Server il'I.-WebS.- Designed and implemented highly available server environments for multiple customers. Assisted sales efforts as part of sales "solutions team". Hjgh)jghts: • Provided customers with comprehensive architecture for highly available server solutions featuring products from Sun Microsystems, VERITAS software and Oracle Corporation. • Designed practice methodologies for high availability analysis and implemenlation. • Configured and installed complete solutions including installing compooentS, loading operating systems, loading and configuring software and providing complete documentation of in..-.tallation. • Implemented VERITAS Cluster Server for multiple clients. • Implemented VERITAS NetBackup for multiple clients. • Implemented VERITAS Vo.lume Replicator for multiple clients • Provided project management for many implementatio!IS. • Created Policies and Proced!lres documents. Provided system administration support to multiple clients with UNIX euvironme~ts. Hjghli@hts: • Provided supplemental support to clients numing 24'7 environments, including configuring new servers, configuring storage components and providing troubleshooting support. • Provided phone support for many clients. Developed and delivered suite of Internet trainin& courses and provided technical trainin& for many other subjects. HighH@hts : • Wrote curriculum for 4 counes includin& "Imrodw:tioo to the Internet" and "Basic HTML" programm.in1 • Delivered UNIX user and adminisll'IIOI' courses over a dozen times each. -1400 So. Colorado Blvd . -Denver, CO 80222 -303-75~ - ... .. • ' • 1 ,,- Lewan Lewan Professional Services \:.:)'·'" Scott Pelletier Lewan & Associates Sr. Technical Consultant Summary , 16 years experience in the IT industry . Have extensive consulting , technical, communication and project management skills. Experience with many server, storage and network projects and platforms . Experience with several IT infrastructure management software packages . Credentials HP/9000 Server Certified HP-UX 10.x, 11 .x Consultant HP/9000 HA Consultant HP OpenView Integration Expert XP512 Certified HP Storage & Tape Certified Sun Workgroup Server Certified Sun Enterprise Server Certified Sun Storage Certified Solaris 8 Systems/Network Admin Recent Projects Architected and deployed a large storage solution that included hosts with FC.Al, FC.SW and NAS connectivity. The SAN hardware was based on a Symmetrix 8730 and Connectrix fibre channel switches . The NAS hardware component was based on EMC's Celena file server technology. The architecture also. included EMC TlmeFinder, ECC and Volumelogix software to manage and operate the environment from a centralized console . Designed and integrated a fault management system utilizing BMC Patrol agent technology for systems and application monilonng, OpenVlew NNM for IP, SNMP and network device monitoring and TelAlert for notification and escalation servlc:eS. System management technologies Included Microsoft SMS for soflwllre distribution. BMC Console for operating system and application control and ClscoWorks for router control and configuration . Designed and integrated a distributed network monitoring system ID span over 20 geographic locations . Technologies deployed include OpenVlew NNM for distrlbul8d network monitoring , Intel OeviceVlew for switch management and custom Pert salpts for pag ing and overall integration needs . -1400 So. Colorado Blvd.-Deawr, CO I0222-303 -759-~ - .. • • ,.... Lewan Lewan Professional Services (.:;)'. ". Scott Pelletier Oparatlng System• HP-UX 9, 10, 11 Solaria 8 Linux Al)( MS NT/2000 Novell Netware Networks & Hardware Genenol Nelwofklng Experiance Elllensive Nelwol1t Management Experience ExtilnaN9 Syatema • SNMP , DNS, NIS, CIFS, NFS , RMON Management Experience Expertise • High Availability Solutions • Performance and Tuning System Components EMC Symmelrlx, Clartlon Compaq Storage HP Storage (up to XPandVA) Sun Storage Storage Alea Networka Network Allached Storage • Fault and Performance Management Page2 System Appllcatlon• HPITO(OVO) HP Network Node Manager HP MeaaureWare HPPerfvtew BMC Patrol TelAlelt IBMNeiv.w • Systems and Storage Assessment, Architecture and Design Services • Systems and Network Administration Consulting • Creating and Implementing IT Infrastructure Solutions that map to business needs -1400 So. Colondo Blvd. -0.wr, CO 80222 -303-7'9-5440- • • 4. Roll call __ (!? __ present ·• • • Members: ,/" TGIIIIIIIC / Moore t r 1••• .;- Garrett ~ ~v • C--"" / I I \ l~; r-~1 ·1 . __ J / absent~ .. 0 •· • ·• -- • • c-t_] . ' " . . . . . . • • ·• -- • • ' l • ( I • s;,....' . ' .. . • . . . . . . . --·• • • r'-,,J )---l , _ _) -. l ) . . . . . . .· . ' ( ... ~ . .. . ~ -.. .. ~ . ""- ' . . ,. ~ . • • ·• - • • ' .. , -· . . . I . . . . ·• . -- • - r'", I \ . I: \ ly ,. •' . . . . . . .. . • ' t ' • • -·• • • ,r-'1 I I . t \ !,,-;-1 • • ·• • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL 1J"J.ll/tfl\_.MONDAY, JANUARY s., 2004 fJJJ ,--. . 7:30 P.M. ~ Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 60110 1. Call to order. () : t/() r 2. Invocation. 3. Pledge of Allegianc 4. Roll Call . 5. Minutes. Of!'-~·--r;tnute, from the Regub, Gty Council meetin 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) 7. U~~to". (Please Umlt you, p«seatatIDn to five minutes.) 0 8 . Co~n,, Prodamatlon,, nd Appointment<. 9. Publicf-tearing. Clfp(1 · ~'1i·~H/ a. A Public Hearing to gather input on Council Bill No. 83, approving the Unified 3/2'0:if"o~p~o~tC~od~e._::;_;_~~~~/ l#rt' ' ... • • Englewood City Council Agenda Janu ary 5, 2004 Page 2 10. a . b . Council Bill No,J39, approving a Lease Agreement with Douglas County Libraries for use of the Englewood Bookmobile for 2004. Council Bill No. 901 approving an Easement Agreement with Public Service Company to underground existing overhead utility lines for Pirates Cove. J),J:/1.-2... iii. Counci_l Bill No. 91, renewing the Englewood Transportation Advisory ~ Committee. 01))-~ Council Bill No. 93, approving a City Ditch License Agreement with Comcast. c. Resolutions and Motions. /kd-i. Recommendation from the Department of Finance and Administrative Services, City Clerk's Office, to approve a resolution designating the bulletin board on the north side of the second floor of the Englewood .Civic Center as the Official Posting Place for all Legal Notices of the City of Englewood for 2004. STAFF SOURCE: Frank Gryglewia, Director of Finance and Administrative Services and Loucrishia Ellis, City Clerk. Recommendation from the Department of Finance and Administrative Services to approve a resolution amending the City of Englewood's ICMA-RC 457 Deferred Compensation Plan . STAFF SOURCE: Frank Gryglewia, Director of Finance and Administrative Services. iii. Recommendation from the Department of Safety Services to approve, by motion, the purchase of a patrol vehicle. Staff recommends awarding the contract through the State bid process to Champion Chevrolet in the amount of $29,012.00. S"fAFF SOURCE: Division Chief Tom Vandermee. iv. Recommendation from the Department of Information Technology and the Utilities Department to approve, b't'.___motion1 the purchase of the hardware platform for the City's Utility Billing System. STAFF SOURCE: Don Ingle, Director of Information Technology and Stewart Fonda, Director of Utilities .• Please nole: If you have a disability and need auxiliary aids or S4!fV!ces, please nolify the City of Englewood (3 03 -762-2405) a l least 48 hours in advance of when services are needed . Thank t ··'°I .. • • Englewood City Council Agenda January 5, 2004 Page 3 11 . Regular Agenda. a. b. C. App~ Ordinances on First Reading. Ap~f Ordinances on Second Reading. Re~s and Motions. 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. Adjournment. 9."{)5~ The following minutes were transmitted to City Council between December 12 and 18, 2003: • Englewood Cultural Arts Commission meeting of Novem~ 5, 2003 • Englewood Board of Adjustment and Appeals meeting of November 12, 2003 • Alliance for Commerce in Englewood meeting of November 13, 2003 • Englewood Transportation Advisory Committee meeting of November 13, 2003 Please hote: If you have a disability and need au>Cilwy aids or services, please notify the Oty of Ensiewood (303 -762 -2405) at least 48 hours in advance of when servic L re needed . Thank