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Home My WebLink About2003-01-06 (Regular) Meeting Agenda Packet) ( . , ... .. . •• • • .,. •, •;• . .. • .. .. :;, ''· ·• . · .. ~ .. ",..:.. , .. ... "\ •..... • . • January 6, 2003 .. ·~· . . . Regular City Council Meeting l""'°'i l I Lj ·, ORD # 1/y;v. '/ JI Y://. 9, 10, 11, 12, 13, 14, 15, 16, 17 RES0 ~~3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 • • \, • . . • . . • • 0 . • ·"· • • ' , •· ' • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Juuary 6, 2003 1. CaU to Order The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7:30 p.m. Mayor Bradshaw said it is so nice to have so many people here and it is for a very, very special occasion. Congratulations IO all of you! 2. lnvocatloa The invocation was given by Council Member Nabholz. 3. Pledp of A..._ The Pledge of Allegiance was led by Mayor Bradshaw . 4. RoUCall Present : Absent: A quorum was present . Council Members Nabhol%. Moore, Oruulis, Ourea, Wololyn. Y un:hick. Bradshaw None Also present : City Manager Sears 5. Minutes City Aaomey Broczman A11isunt City Muqer FlabDrty City Clerk Ellia Director Orypwicz, Fi-and Adminillnlive Servicea Director Ro:,s. Pllblic Worb Director Olson. Safety Services (a) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEE11NG OF DECEMBER 16, 2002. Ayes : Council Members Nabholz. Moore, Gama. Wololyn. Yun:hick. Oruulis, Bradshaw Nays : None Motion earned . • •••• COUN IL MEMBER MOORE MOVED AGENDA ITEM I (a) FOllWAIID. 8. \.;J Mayor Bradlhaw adviicd thal lhis A,-la Ilea II a proclamalioa declarina die y.-2003 as Englc11,ood Jubtlee II F.aalewood City Coundl January 6, 2003 Pqel COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING THE YEAR 2003 AS ENGLEWOOD JUBILEE II. Ayes: Council Members Nabholz, Moore, Oarreu, Woloayn. Yurchick, Grazulis, Bradshaw Nays: None Motion carried. 6 . Scbeduled Viliton (a) The Town Crier was present to help ring in the year of Englewood Jubilee II, in honor of Englewood's I~ anniversary. The Town Crier entered the meeting ringing a bell . Hear ye, hear ye. hear JC, he said, I ha¥e been called forth from the past to ring in this commemoration celebralina this, the 100" llllllivcnary of the City of Englewood, Colorado. Madam Mayor, dillinguillhed members of the City Council and the fine ciliz.em of this fair City. he said. it gives me great pleuure to gi¥e voice to this proclamation. He read the proclamation declaring the year 2003 u Englewood Jubilee II, in ill entirety. He praenled the lmlll to the City Clerk. Madam Mayor and honorable members of the City Council, he said. I abo brina forth a list of nominees for the title of Citizen of the Century. The Town Crie1 praenred the lilt to Mayor Bndlhaw. Mayor Bradshaw said thank you . It is time, he said, let the celebnlion of Enslewood Jubilee D lqin. Rinpna the bell, the Town Crier left the meeting. He was 1iven a round of applauac. Mayor Bradshaw said wow. what else can you 11y but wow. We Wllll to thank our Town Crier, Amy Doe- Tones and Pauletta Puncerelli for puaing this togecher, she said. Mayor Bradshaw advised that lut May our Enalewood Jubilee II coordinating commiaee launched the Citizen of the Century project. We ubd people to nominale individuals who have lllllde a aignific-. loag lasting and historical contribution to the Englewood COIMNllity. By the deadline al No_.. 1•, 2' nomilllllions were submitted, resulting in 15 nominees. ~ individuals -nomialled -1111n once . Tonight. she said. we will find out who thole individuals ue. Ow:r lhc nut few mondl&, lhe Enalewood Jubilee 11 Committee will have more events. Ma yor Bradshaw said the names ue in alphabetical order . What I would like Ill do, she said. is read the name of the nominee and then 1 am also l()ing to read the name of the people who nomilllled 1h11 ~-I would like all of those people to 5l8nd and be recognized. Ille said . CliarlelA .. "CITIZEN or THI CENTURY" NOMINEES (la ellJb ) Ideal ..... ) Nominated by Dori s Nawrenua and Rudi..._ RoyA~ Nominated by Bill and Joan layton. the Entlewood l'lllllic Lilnry IIDff, ad Mary Gwyn Fitzgerald ThomMJ ...... Nominated b Keith Morns Oilman and Thereu Ann Mayeda Englewood City Council January 6, 2003 Page3 Cberrelyn Honecar Nominated by Cyndi Krieger NeU Dinneen Downing Nominated by Fem Downing Osborne Selwyn Hewitt Nominated by the Malley Senior Rccrealion Cemer Advisory Committee, Gail Hewitt Ingraham. Barry Hewitt, Dr. Roscoe L. Davidson, Vincent C . LaGuardia. Jr . and SICphen M. Woodworth ElsieMalley Nominated by the Malley Senior Recreation Center Advisory Committee Steve Neyer Nominated by Danny Warren Georp Noffsinaer Nominated by Richard Carlson DorothyRoamns Nominated by George and Pcrkie Allen. the Englewood Depanmcnt of Safety Services, Eugene L. Otis and Toni Butler EdScoU Nominated by Bill Benton Dr. John Simon, Jr. Nominated by Barbara Holthaus Charles Bryut SIDdalr ud Berdla Mabel Sladalr Nominated by Vera Sinclair Corbin Thomas Skerrltt Nominated by Cyndi Krieger Kells Wagoner Nominated _by Kathi Moore and Vivienne Cuttell Mayor Bradshaw asked that all the nominees or their representatives stand iO we may give them a round of applause . They were give n a round of applause . Mayor Bradshaw said what a wonderful kickoff to Jubilee II . Over the next fc v months, the Englewood Jubilee II coordinating commi ttee will be going through the selection process and on May n• , the exact I 00"' Birthday. the Citizen of the Century will be announced at Englewood's Community Birthday Party . You can learn more about all 15 of these nominees in upcoming issues of the Englewood Citizen and the Engle11;nod Herald . And p' asc join us for our special binhday evcnas in May. and all tbroughoul the year. such ai, the 4'" of July Fesuval. the Englewood Fun Fat. the Enalewood Holiday Parade and our holiday e,cnts. as 11;c celebrate Englewood Jubilee II . She uid thank you all for comina this evening. • • Englewood City Courn:11 January 6, 2003 Page4 (b) Ed Scott said I appreciate the opportunity to appc:ar before the Council. It is a thrill to be named among that distinguished group of people whose names you just read. My grandparents operated and lived in the tiny room in back of the Salvation Army Store at Amherst and Broadway in the very early thinies ... in the depth of the Depression . I visited there a number of times and not long after that I was diagnosed with tuberculosis and sent out to live in Englewood, in the country, with those grandparents who by then had acquired a ramshackle farmhouse at 3740 South Sherman. So in the intervening 65 years I have seen many of these folks work, first hand, and I have seen many of them serve the City with great significance. I am flattered to be among that group. Many years after I held your responsibilities, ladies and gentlemen of the Council, I moved to some other places, for important reasons, but my heart stayed in Englewood. In fact, he said, I guess some of my dollan have also ... going to doctors, dentists, barbers, the post office, and now, Wal-Man. So I have been here a lot of times over the years. My mission here is to tell you about a couple of sons of Englewood and their status when 9-1 I occurred. Soon after the diabolical 9-11 attacks began, the President of the United States was aboard Air Force I, and considering our Nation's response. he was monitoring on television. the work of the fellow from Englewood. Back to that in a minute, he said, but first let me tell you about a kid that grew up across the street from our home at 2750 South Grant. His name was Tom Bush, the middle child of Dr. Wan , n Bush and the lovely Alice . I don't know. arc they here? Mayor Bradshaw replied, no they aren't. Mr.' ott said okay ... well, he had a career in the Navy. He got to be a Captain in the Navy, which is a notch , .,ow Admiral. He was stationed at the Pentagon, retired from the Navy, was rehired immediately because he was doing a vital job and he had an office there, from which he was moved, two weeks before 9-11. I· ~ was moved two weeks before 9-I I and when that plane hit the Pentagon, it demolished the place where his desk had been. I found that out when the Englewood Lions asked me to address that group in April and I talked to the lovely Alice at that time and she told me about Tom's story. And it is the American way to find a little bit of humor in even the horrific events and so let me tell you what happened after that. Tom was not able to take his car home, they wouldn't let it leave the parking lot. so he had to walk home. That 100k him ICTOSS Arlington National Cemetery, and by the time he got home ... although he had not been injured in the terrorist anack ... hc was in significant pain. The reason is because he was ~ng a new pair oflhocs. Thc9-I I attack involved my youngest son Jonathan. He was born while I was Mayor. He grew up here and is now based in New York and that is son of ironic because with my network television career blossoming, many years ago, I decided to return to Englewood to raise my family here . And one of the family I raised here, has found his television career blossoming and is now back East. But if it is ac<:eptable, I will donate a couple of books to the Englewood Library. You may have seen lhc Fox News Channel, he said . I could sec that John was alive on the fateful day. The Fox News Channel serves cable and satellite acrviccs internationally . In six years. it out-rates CNN, CNBC, MSNBC, and from the start. John was the main daytime anchor of that cable network . Indeed, he said, on the day after the recent election, more people tuned in to his repon of the results, than all the others put together ... CNN, CNBC and MSNBC. I, of course, knew when 9-11 was occurring ... and I could sec my kid on television ... that a broadcast center is an early target of insurgents, so I wasn't altogether comfortable that he was in a safe place, but he was anchoring there al Rockefeller Center and I was proud of the job he was doing . Also at Rockefeller Center, nearby . are the NBC Studios. Sharon, John's wife , and the mother of four of my grandchildren. who is now the general manager and executive producer of NBC News Productions, was called back to the studio. They were doing live TV . A lot of the personnel knew how to do tape TV, but they didn't know how to do li ve TV and this former co-producer of Dateline, was summoned back . That pul her on the third floor when the Jn thrax began to move around, and they couldn't await a diagnosis, so they had her take the full treatment of antibiotics and happily it turned out she hadn't been exposed . But, he said. along with John, she put in long hours for several days . Well, John was invited here last May IO make a speech to the Broadcast Pionec, s of Colorado and he told of a new book called ''Covering Cawaophc". It containa accounts by dozens of broadcast journalists who were attempting to do their job. lOllldimes without cell phones as the transmiuer had been on the World Trade Ccn1er . Six of the 1elevision stations in New Yort "ere silenced because their antennas were on the World Trade Center. Under very difficult circumstances they auempccd 10 do their job and. indeed, there arc uccrpts from each of them in the book. John's appears throughout the book ... things he wrote ... and also Dan Rather.~ Jcmings. Tom Brokaw and other j o urnali sts. On the recent Pearl Harbor Day, a note came from John 1hat told of a book that, to me, • t ... t ., • • Enpwood Clly Coundl January 6, 2003 Pqe5 was unknown at the time. and 50, I looked al ii and turned to page 206. This book is called "Fighting Back. The War on Terrorism -from Inside the Bush White House ... by Bill Sammon. who is a best selling author . The book told me about 10mebody who is al50 a son of Englewood. The Slar1ing time for this account is 8:28 our time on 9-I I .. .if you will recall where you may have been at that point. President Bush had been talking with school kids in Georgia. He got aboard the Air Force I airplane. and it aoea on from !here. "The televisions aboard Air Force I showed live images of a &eene that left e~ne on board, including the President, aghast. The north tower of the World Trade C.enter, the one with the TV antenna sticking straight up from the roof like a giant toothpick, collapsed under ill own weight. Great foulllai1111 of debris spewed upwards from all sides, creating a second revene mlllhroom cloud u it hit Manhaaan 's floor . Although Air Force I wu over the cout of Georgia. it wu picking up a aurprisingly scrong sipal from KXLT. the Fox affiliate in Rochester, Minnesoca. News anchor John Scou, wboec c:ommencary on the disuter for the put 90 minuta had been meaMnd and dignified, cllOle to let the pichRa apcak for themselves. when the second tower disintegrated. After several long momenta of solemn silcncc, he said simply, America offer a prayer. Bush could hardly believe his eyes." The boob belong to Englewood, he said . Mr . Scott gave the two books to the City Clerk. Mayor Bradshaw said thank you Ed . ( c) Eugene Norman said this paper is to the American people, our Praidenl and I hope it is in care of the Englewood City Council . Although the word pedaaosue often is pcrcciffll as havina negative connocation. that pen:cption is baled on depecs of relaaive ignonncc. I uk that you pcn:cive my persona as bcina that of a pedagogue. Do so, and it can only be to yow benefit. You 1-9 ace only if you chose to do so. but either way, do it as a Nation. for Clod's sake. By undenaindi ... you -1h11 I have prescllled you with a center. our cen ter. No one. and no nallon can ao anywhere withoul a c:ealllr. By analyz,ns and actins on put papers prescllled by me. you will w it -~ incarlllle. of evaluating and balancing human conduct. A new counc direcllld toward IClion. fillml and propricly . Repression and suppression are like brolhcn in a 1iblin1 daspule. Elpecially when c:oalaiaed in the individual personality. But when rontained within the colleclive paydie. die two wonk and tlleir consequent action. become a l'IIOIIIICr ••• a buffoon .. .a job ... from wllil:II we 1111y ne-ra:o-. Reco-, becomes a step beyond the siblina mentality . You. the .,_.., lhe ~ have -probleml than even I could solve. But, lets try. A Republic delllllllda 11. If you -IO cc,a. OUI al all ... a ckutic change of collective and individual mind. 1111111 o«ur. A rappnial and even re-,al of p1aca1 action, is essential . In o ur past, we have made mistaka too~ for-. IO 1a111p1r with. Evil, whether subjective or objective. contai1111 the same result. unleu -·chute it. Mr. Blllh ny ,-.:ave that individual co nscience is the only valid llandard for moral judsment. WhedNr yes or no. I auaest he give subjugated people , especially in thi country, a voice of meanina and by IO doilll, .......... the future . The foreign policies of the government, without a doubl. lXllllribulc to lllmlrilln and dloae policies exist because of oil . I can take you beyond that imap:, but fint ~ rcaccion IO -1111111 bcaxm -positive. more creative , more deliberative. Allow me the role of advitcr ... an advocaie of the~ IO Mr. Bush . I ha ve the ability 10 present solutions ... from medical, to environmental, to social and inlemalional ... all potentiall y viable alternatives to the smu1ness and hypocrisy of middle-c:lua Aamica. We DIii tee 1errorii.m as o ne would a two-way street . Anyone . in anyway , conn«ted with weapons of IIIIISI des1ruc11o n. and their use , must be held accouniable. Th11 includes Aasica. Our -iical 1yslem is bankrupt . in more ways than one . And can. which we cOlllider our Ood •-,..._ -1 le face. we are slave s 10. can soon . in 11me be our fwther downfall unless we~ ..:h -•-relalive IO physics. of their true pace 11me machine poten1ial , wh ic h wdl IOOll affect realdy IO a poiDI you won't bclicvc. lllllil 11 happens. and the pohce will have min than even they can llallllle. I caa Ollly ~ ii IO die ttc..ic poe m Telemach1 a. Combine that with Jihad and the destre for ~ a.I what I Mlgest 1n dul paper make ~ complete se nse . Frank 1an1uap beyond eao. I do noc cOlldone Hider. bul Ilia idela relall~ IO die olkswagen makes complete sense . He imply did noc So f• enoup. TIie lar,e , .. ID Amalea arc ... impl y staled ... hips o f fool s. Freedom in AIMnca must include the freedom of sayu• no. TIie • t • • En&lewood City Council January 6, 2003 Page6 freedom to say where. when and how ... when dealing with can ... rclative to public lralllpOrt ... il a mlllt. Republic implies complete democracy. not monarchy and I claim my share. Childhood obesity and food poisoning from school meals .. .I can stop that . But only with your help. By image perhaps, I will catch the conscience of King George. Middle class values and morality, not only de-ball the male, but staple the balls onto the female . No one ... quite human ... wins . The conspiracy by society, in enwculating its male members and sewing up the female members ia quite 1uccesaful, but not to be applauded. Insignificance becomes the established norm . There is no obscenity quite u great u that perpetnred by the image of mass destruction from those in power who speak of peace ar.d wage war. Foreign policy and domestic issues have no common bond and reflect only the desires of the wealthy special interest groups . The common man has no voice in either. A comedy of errors or simply a tragedy. An over-elaborated, scatological joke ... perpetrated on ourselves. Bombs and death fueling the economy, so we can buy a new car next year . Sunday morning mua and Monday morning l'IICII, Insurance companies who have doctors chained to the foot of the bed. Doctors who become janitors ... to survive. And we arc doing it to ourselves . God forbid ... unless God. too, is bung up in the bureaucracy . 7. Umdieduled Vlllton There were no unscheduled visitors . 8. Co111DR1Dlcatlons, Proda-tiom and Appola'-nll (a) This Agenda Item was moved forward . Sec page I. 9. Public Heariaa No public hearing was scheduled before Council . 10. C--Apada COUNCIL MEMBER GARRE'IT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (II), (Ill) Md (I•), II (It) (I), (II), (Ill), (IT), (Y), (YI), (YII) ... (viii) AND 10 (d (I), (U) ud (W). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . I, INTRODUCED BY COUNCO. MEMBER GARRETI A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETW EE N THE CITY OF ENGLEWOOD, COLORADO. AND THE CITY OF CHERRY HILLS VILLAGE . COLORADO , WHEREBY THE CITY OF ENGLEWOOD WILL PROVIDE THE CITY OF CHERRY HILLS VILLAGE WITH VEHICLE MAINTENANCE. (ii) COUNCIL BILL NO . 2. INTRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE CITY OF ENG LE WOOD . COLORADO. AND ENGLEWOOD LIONS CLUB FOR MAINTENANCE OF THE ENGLE WOOD LIONS CLUB MINIATURE TRAIN . (iii ) COUNCIL BILL NO. 3, INTRODUCED BY COUNCIL MEMBER OARltETT A BILL FOR AN ORDINANCE ADOPTING THE 2003 BUDGET FOR CONCRETE REPLACEMENT DI ST RI CT 1995 . Eapewood City CouncU JllDUllry 6, 2003 Pqe7 {iv) COUNCIL BILL NO. 4, INTRODUCED BY COUNCIL MEMBER GARRETf A BILL FOR AN ORDINANCE ADOPTING THE 2003 BUOOET FOR THE CENTRAL SERVICES FUND OF THE CITY OF ENGLEWOOD, COLORADO. {b) Approval of Ordinances on Second Reading {i) ORDINANCE NO. I, SERIES OF 2002/2003 (COUNCIL BILL NO. 37, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AMENDING TITLE 2, CHAPTERS I, 2, 3, 4, S, 7, AND 9 AND Tl1l.E S, CHAPTERS 3 AND 3A. OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO BOARDS AND COMMISSIONS. {ii) ORDINANCE NO. 2, SERIES OF 2002/2003 {COUNCIL BILL NO. 69, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AUTHORIZING THE ACCEPI' ANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18111 JUDICIAL DISTRJCT. (iii) ORDINANCE NO. 3, SERIES OF 2002/2003 (COUNCIL BILL NO. 70. INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AlITHORIZING THE TRANSFER OF PROPERTY KNOWN AS PARCEL 2 LOCATED IMMEDIATELY NORTH OF ENGLEWOOD PARKWAY BETWEEN SOlTfH CHEROKEE STREET AND SOUTH ELATI STREET TO ENGLEWOOD ENVIRONMENJ'AL FOUNDATION TO ENABLE ITS COMPLETION OF THE DEVELOPMENT OF THE POllMER CITY HALL~ITE . (iv) ORDINANCE NO. 4, SERIES OF 2002/2003 (COUNCil. BILL NO. 71, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE DEDICATING THE ENGLEWOOD PARKWAY FROM S. ELATI ST . TO CHEROKEE ST . AND A TRIANGULAR PIECE OF PROPERTY AT THE NORTHEAST CORNER OF S. ELATI ST . AT WEST HAMPDEN PLACE AS PUBLIC RIGHT-OF-WAY . {v) ORDINANCE NO. S, SERIES OF 2002/2003 {COUNCIL BILL NO. 73, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AMENDING TITLE 3, CHAPTER 4, SECTIONS 2, 7, AND 17. OF THE ENGLEWOOD MUNICIPAL CODE 2000, TO MAKE CHANGES TO ENGLEWOOD NONEMERGENCY RETIREMENT PLAN DOCUMENT (THE PLAN) AS REQUIRED BY THE INTERNAL REVENUE SERVICE . (vi) ORDINANCE NO . 6. SERIES OF 2002/2003 (COUNCIL BILL NO. 74, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE ADOPTING AMENDMENTS TO THE CITY OF ENGLEWOOD FIREFIGHTERS PENSION PLAN DOCUMENT (THE PLAN). { vu) ORDINAN CE NO . 7. SERIES OF 2002/2003 (COUNCll. BllJ.. NO . 1S. INTRODUCED BY COUNCIL MEMBER GARRETT) • t .. • • Eqlewood City COUDCII January6,2803 ..... AN ORDINANCE ADOPTING AMENDMENTS TO THE CITY OF ENGLEWOOD POLICE OFFICERS PENSION PLAN DOCUMENT (THE PLAN). (viii) ORDINANCE NO. 8, SERIES OF 2002/2003 (COUNCil.. Bil.L NO. 76, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE APPROVING A RIGHT-OF-WAY USE AGREEMENI' TO ALLOW RICOCHET NETWORKS, INC . TO DEPLOY THE ABANDONED METRICOM EQUIPMENT TO PROVIDE WIRELESS DIGIT AL DATA SERVICES. ( c) Resolutions and Moeionl (i) RESOLUTION NO. I, SERIES OF 2003 A RESOLUTION DESIGNATING THE BUUEl'IN BOARD ON THE NORTII SIDE OF THE SECOND FLOOR OF THE ENGLEWOOD CIVIC CENTER AS THE OfFICJAL POSTING PLACE FOR ALL LEGAL NOTICES OF THE cm OF ENGLEWOOD POR 2003 . (ii) RESOLl1TION NO. 2, SERIES OF 2003 A RESOLl1TION FOR SUPPLEMENT AL APPROPRIATIONS FOR THE CULTURAL ARTS CENTER RESEARCH PROJECT . (iii) THE PURCHASE OP FOUR SINOLE AXLE DUMP TRUCKS FROM TRANSWEST TRUCKS FOR A TOT AL COST OF S255,Q36.00. Mayor Bradshaw aued if dwft -any dilClmion. 1bae --. v ........ : Aya: Council Memben Na1111o1a. Moore, Olma. Wokllyn. Yurdlict. Clruulil. Bndlllaw Nays : None Motion carried . 11 . Replar A .... (a) Approval or Ordinances on P-1111 Readifta There were no addilional ilems submined for approval on fine radina. (See A,enda hem 10 • C-. Agenda .) (b) Approval of Ordinances on Second Readi111 There were no addilional items submiued for approval on llCOlld Jadiat . (See Alenda llelll 10 • C~ Agenda .) (c) ResolUIIOIIS and Motions There were no addilional resolutions or mocionl submilled fur approval . (See A,enda 1 .. 10 • C.... Agenda .) 12. Gneral D1Kw16oa F.apwoocl City CoUDdl J....-y6,2003 ... , (a) Mayor's Choice (i) Mayor Bradshaw said I do hope we have a successful 2003 and that everybody is healthy. (b) Council Members' Choice (i) Council Member Yun:hick said on Cllristmu Eve day we had a liale incideal on our 11reet. Some kids with a pailllball 1un thouaht ii would be fun to shoot at pulina can ud Officer Kunst responded. I just wanted IO say I wu impreued with his profeuioaalism and the demeanor with which he bated these kids. City Manqer Sean said he would pua that on. (ii) Council Member Nabholz : I. She offered her congratulations f'or the births and promotions u lillled in the City newslcacr. It ii very nice, she said. 2. She said I especially want to thank Lieutenant Collins fur workin1 on an iuue that bu been really disturbing for everybody involved. The old Amoco llalioa at 2990 Soudl Broadway, wbicb we -all under the impression that it was going IO become British hlroleum ... is not British Pmoleum. It is goina to be Diamond Rock Auto Sales. I want to thank Auiatant City Manapr Mike Flabmty fur all his wort. We still don't know who owns the property. Mr. Mund refuses to say who he leaNI from. u he feels thal is his business. He asked where he would pt a busineu lx:el* ud I said you evideady are not familiar with our fair city and so I explained where City Hall is and that it is one-lllOp lhoppina. Today,• I went by, there is no visible building penniL It may be in a file ... I have no idea. I apoke with Oary Sean thia morning and I spoke with Lance Smith in the Buildina Departnmit and it is a -ud i.e we ... Thia weekend I received three calls, bol:ause thcrc ii• Diamond AIIIO Sala in the 3100blocko1Soudl Broadway. So two of the businesw asked me ifhe wu related, ifbocb ofthele-his bwicr II or what. It is some1hin1 I wani Council to be aware or in cue you pt calls. I have pllletl a lot of calla. Ille said, jlllll because it i1 so visible. Council Member Ourea broqht up the iuue of paffili ud dial is whll I talked 10 Mr. Mund about. I told him the end or the week ... when he wu pvea lllllil die 16•. E-dloup the process had to be started over because he wu the new rearer ol tbat place. I IOld him tbll wun 't acceptable. He said it was off and asked me IO come by. I told him I wen1 by at 4:00 ud it wu five IO five. What he did was he removed the plywood that had the anffiti on it so his alas doors would show . I am very concerned as 10 how this plC in. What wa-e the safety IIOpl? We evideady had none . I, IOo. am 10 blame for not being more forceful and saying who on earth are these people? In my pa'l(XWI opiaioa, I think the responsibility lies with Code Enforcement, with the Buildin1 Department and especially myself for not being more careful with this. 3 . She thanked Jan Johnson for helpina the Ma1net IM with their new awninp . Thole old, blue. torn awnings arc now aone and have been replaced with a nice maroon. It loob very nice. 4 . She asked if there has been any follow-up on the Windshield Doctor. Al IO what be does ... is it permitted in Englewood? Because, she said, it is mt windshield replacement. 5. She said I don·t ~now, at this point, whether I will be able IO aaead the J~ 14• a.ti• witb Representative Dc:Gette . 6 . She said I hope this is a aood year fof all of us. F.apwood City COUDdl Juaary 6, 2003 PaplO (iii) Council Member Garrett said I bad raised the iuue II I bad a concem on die public forum aspect durina our meeting. I appreciate the work that wu done by Leip Ann Hoftbioea and the memo she prepared. It sounds like we are sort of the middle of die road of where we sbould be, be said . ••••• Mayor Bradshaw said what I would like IO see happen is IO have ua tab a very .-ious look at the under utilization of retail property in our community. I am willina to propoac lealalation ro remove -of dlOIC noxious uaa of retail propenies in our community and I would like ro have Council's support on that. I am panicularly talking about the 41 car lots on South Broadway, she said.. Can we wort on that? Council Member Garrett noted Bob SimplOII is &UppCMm IO brina lOlllllhina back. Mayor Bradshaw said yea. Mr. Simpion is auppoaed IO brina IOlllldlina back, but I jlllt WUlllld IO remind you that that is my pl forlhia yar, toptbcacr 111eofourrmil lf*lelonBroadway ... the Broadway corridor, 11 well II Belleview and Federal. 13. City Maaaer'• Report City Manaaer Sears did not have any matters IO bri11& before Council . 14 . City Attoniey'• Report City Attorney Brotzman did not have any mat1en ro brina before Council. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD cnv COUNCIL MONDAY, JANUARY 6, 2003 7:30 P.M. Englewood Civic Center • Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. '7: !:(} ~ 2 . Invocation. n~ 3. Pledge of Allegiance. ~ 4. Roll Call. l1J. ? ~ 5. Minutes. dpftl '7--0• Min""' from d,e R ........ Citf Councl ........ of Oecemb« 16, 200~ !u:JL>r/ '7~ ~:;as~~()~ase ,;wuJlir~ t~mmlvµJ) V rr a. v1:, speciafguest will help ring In the year of En~ Jubilee II, In honor of Englewood's 100• anniversary. b. Ed Scott will be present to address City Council regarding the actions of one of Englewood's own during the events of September 11, 2001. c. Eugene Norman will be present to address City Council. 7. Unscheduled Visitors. (Please limit your presentation to five minutes.) ff 8 . Communications, Proclamations, and Appointments. 0-pf tf '7-0a. A proclamation declaring the year 2003 as Englewood lubllee II. ~ 9 . Public Hearing (None Scheduled) $ PleaM now. Nyo11 a-. a 6allllly ..a__....., .... ~ ... ..-.. Cllrell d u• (303-7'2-2405) ........................................ ,... Englftfood City Council Agenda January 6, 2003 Page 2 !itJbr/7-0 cot;jtmit-!H/)Vli.D f() kPPl<OVL~#~ l!US /Oa./-iv V rr a. Approval of Ordinances on First Reading. 10 6-i -vi ii o/-/oe.1"-lit" / i. ii. Council Bill No. 1 • Recommendation from the Department of Public Works to adopt a bm for an ordinance approving an Intergovernmental Agreement with the City of Cherry Hills Village for fleet maintenance. STAFF SOURCE: Ken 1011, Director of Public Worb. Council Bill No. 2 • Recommendation from the Department of Public Works to adopt a bill for an ordinance approving a contract with the Englewood Lion's Club for the City of Englewood to provide maintenance of the Lion's aub Miniature Train. STAFF SOURCE: Ken Rou, Director of Public Worb. iii. Council Bill No. 3 • Recommendation from the Department of Finance and Administrative Services to adopt a bill for an Orclnance adopting the 2003 Budget for the Concrete Replacement District 1995. STAFF SOURCE: Frank Cryglewic:z, Director of Finance and Administrative Services. iv. Council Bill No. 4 • Recommendation from the Department of Finance and Administrative Services to adopt a bill for an Ordinance adopting the 2003 Budget for Central Services. STAFF SOURCE: Frank Gryglewia, Director of Finance and Admlniltratlve Semces. b. Approval of Ordinances on Second Reading. i. IYL/./1= ;i.._ ii . iii. Mi-Ii 3 l)i/-lJ t/ iv. OU~~ V. N-1-?, vi . (]1/../1-r; v ii . (Jl J },f viii. Council Bill No. 37, approving amendments to sections of the Englewood Municipal Code pertaining to Boards and Commissions. Council Bill No. 69, accepting a Victim Assistance and law Enforcement Grant for 2003 in the amount of $15,000. Council Bill No. 70, approving a transfer of property located on the north side of Englewood Parkway from the City of Englewood to the Englewood Environmental Foundation. Council Bill No. 71 , approving the dedication of a right-of.way on Englewood Parkway and northeast comer of S. Elati Street at West Hampden Place. Council Bill No. 73, adopting amendments to the City of Englewood NonEmergency Retirement Plan Document Council Bill No. 74, adopting amendments to the City of Englewood Areflghten Pension Plan Document Council Bill No. 75, adopting amendments to the City of Englewood Police Officers Pension Plan Document Counc il Bill No. 76, approving a right-of.way use agreement with Ricochet N etworks, Inc. ...._ notr. If you .... ...a.illy wl .... ...., ................. O,ell -.... (303-762·2t05)ali..t41 ....... .._. ........................ ,... • • Englewood City Council Agenda , January 6, 2003 Pagel c. Resolutions and Motions. i. ~I Recommendation from the Department of Finance and Administrative Services to adopt 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 2003 . STAFF SOURCE: Frank Cryglewicz. Director of Finance and Administrative Services and Louc:rlthla Ellis, City Clerk. ~A ii. iii. Recommendation from the Department of Finance and Administrative Services to adopt a resolution approving a supplemental appropriation for the Cultural Arts Commissions for unexpended 2002 funds. STAFF SOURa: Frank Cryglewicz, Director of finance and Administrative Services. Recommendation from the Department of Public Worlcs to approve, by motion, the purchase of four single axle dump trucks. Staff recommends awarding the bid, through the Colorado State Bid process, to Transwest Trucks, for a total cost of $255,036.) STAFF SOURO: Ken Ron, Director of Public Worb. 11 . Regular Agenda. a. b. c. Ap~I of Ordinances on First Reading. Approval of Ordinances on Second Reading. Res~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. 'i{:/0~ The following minutes were transmitted to City Council between 12/13/02 and 1 /2/03: Alianc e for Commerce in fnalewood meeting of November 7, 2002 Englewood Board of A41,slmefll and Appeals meeting of November 13, 2002 Englewood Transport.llion Advisory Cornmiltee fflfftina of November 14, 2002 [nglewood Planning and Zoning Commission meetinp of No\'ember 19 and December 3, 2002 Englewood Cultural Arts Commission fflfflint cl November 20, 2002 ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Rqular Session December 16, 2002 I. CaU to Order The regular meeting of lhe Englewood Ci1y Council was called IO order by Mayor Bradshaw a1 7:40 p.m. 2. Invocation The invocation was given by Council Member Nabholz . 3. Pled,e or AUqiaace The Pledge of Allegiance was led by Mayor Bradshaw. 4. Roll Call Present: Absent : A quorum was present . Also present 5. Minutes Council Members Nabholz, Moore, Grazulis. Garrett, Wolosyn, Yurchick. Bradshaw None City Mana,cr Sean City Anomey Broczman AssiSlant City Mana,er flahcrty City Clerk Ellis Planner I Fruchtl, Communiay Development Director Ingle, lnfomwion Technoloo Director Rosa, Public Worb Director Kahm, Capiial Projeccs Director Simpson, Community Developmena Senior Planner Graham. Community Development Senior Planner Stin, Community Development Director GryaJewicz, Financial Services Director Fonda , Utilities (a) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF DECEMHR 1, 2002 . 1ayor B rad,haw a:,ked 1f lhere "ere an y c-orrccrions . There -none . Vote results: Aye,: Mo11on ea rn ed. Na y : Counc,I Members Nabholz. Moore, Garrett . Woiosyn. Yun:h1cl.:. Grazuli . Bradww No ne • • Englewood City Council December 16, 2002 Pagel 6. Scheduled Visitors (a) Mayor Bradshaw advised that Joe Serrano, Chair of Keep Englewood Beautiful, would present the awards for the Keep Englewood Beautiful Holiday Lighting Event. Mr. Serrano, assisted by Mayor Bradshaw, presented ribbons and certificates to all of the winners who were present and they were given a round of applause . Honorable Mention Candy Land Award Most Unique Award Coyote Christmas Award Lights! Lights! Lights! Award Serenity Moments Award Snowman Award Taz-in-a-Box Award Angel Award Lifetime Holiday Spirit Award Sherry and Steve Clark Dennis and Kathy Brewer Mini Aea Mart Wallace L. Smith Ganz/Lester family and friends Miller family Mark Alan Greiner Pat Lobb Ron and Melanie Kloewer Douglas Haas Doug and Barbara Barlow Shim and Paula Feasel Steven Maninez Richard and Alice Kloewer May or Bradshaw noted that Al Roker, of the Today Show, may be doing the weather on Friday from the Kloewer house . But you have to vote for them by tomorrow at noon . Their house is in the 4900 block of So uth Elati . Mayor Brad shaw said the last award is the Mayor 's Choice Award and it is given to the participant who best expresses t~e true meaning of the holiday s and the holiday lightin1 event. The holidays are certainly abo ut bnght lights . she said. however the y arc also about shari ng joy and fellow ~hip with our family. friends and neighbors. This year's award is presented to someone who has brought joy and delight to all of us by decorating wit h holiday li ghts . Ma yor's Choice Award Brian and P:uncia Moberly Ma)or Brad shaw offered her congratulati ons to Bri :m and Patricia Moberly and they wae aiven a round of applause . Mr . Serra no JU\ 1.ed tha t the winners would be given si11ns to po5t and he asked that they meet him upllain Jnd he, ould gl\e them the ,igm,. MJ)nr Brad ha" than~cd Mr . Serrano . • • • Englewood City Council December 16, 2002 Page3 (b) Eugene Norman said I seek sanction and international amnesty. All systems have qualitative and quantitative potential. Let us discover them . I do not negate capitalism; yet do seek change in our view of it. We treat capitalism almost as a religion, and not a form of usury, which it is. No, I don't denounce capitalism but, in fact, wish to save it from itself. Capitalism is a fast way to become wealthy. Yet it is the most destructive for the land and psychologically for the people, as well. In time, as practiced now, it becomes self-destructive, if not altered in its application by our ability to oppose stupidity. The Native Americans had one, potentially, ideal solution to the problem of greed . I suggest we elaborate with painstaking attention on that ideal. Superior and highly advanced in its basic concept, it was called potlatch and its potency and power cannot be denied on social levels. Every seven years, those who were successful in accumulating goods, were declared winners. The goods were then redistributed, within reason, to the group . This allowed competition and discouraged both greed and envy. At the present time, we are programming ourselves for Armageddon. Change, and we all win. Most of mankind, given the choice, will choose work ... the more interesting, the better. It becomes a matter of intelligent results becoming optional, relative to that work. An understanding of timelines. of changing tracks, of directing our movie, of finding the director in ourselves. Of choosing life over death, of finding peace, prosperity, equality and integrity ... a more God-like reality. Population, unchecked, is geometric . Subsistence, arithmetical. Our economy is based on absurdities relative to reality and everyone has blinders on. Believe me. the King has no clothes on and that's no lie . I can direct you to answers, but action is our responsibility. Republic is defined as a constitutional form of government, especially a Democratic one. In a Republic, I feel as responsible for the land, in President Bush's care, as he does . More so, in fact. because I consider him irresponsible in that area of thought and caring. Most Americans, I fear, are quite ignorant and irresponsible in their relations with the land, to our collective detriment. Is my faith irretrievable? Your irreverence appalls me. I appeal to God . It is to the advantage of the entire country, to hear. understand and achieve confluent action relative to the things that I present. The land belongs to God. I welcome the world to a new binh in 2003, and invite our President to invite me on to his land for a period of time. I contend that by so doing. everyone will learn and achieve a much grander viewpoint. Invoke ... "to appeal to. to petition . To call on a higher power for assistance." Do so. I command you and if you choose not to, I command you not to do so. So? Mayor Bradshaw thanked Mr . Norman. (c) Frosty Wooldridge, 1458 Ford Place. Louisville, said it is a pleasure to be here and an honor to speak before Council tonight . My E-mail is frosty@juno.com and my web site is numbersusa .com. This evening. I have some imponant information. he said. and, hopefully, inspirntional appreciation for this task that I am presenting you . Fifty years ago, Eleanor Roosevelt said, "we must prevent human tragedy, rather than run around trying to save ourselves or others after an event has already occ urred ." Unfonunately. history clearly shows that we arrive at catastrophe by failing to act when we should have acted . The opponunity passes us by and the next disaster is always more difficult and compounded than the last one . The advancing catastrophe of overpopulation wi!I become the plague of the ~I " Ce ntur y and our children will be in the middle of it if we don't act now . For example. in the past 10 )Ca rs. 1he world has gro"'n by 880 million people. the United States has grown by 30 million people. and Cu lur:ido has grow n by 1.2 million people . By mid -ce ntury.just 20SO. 48 year.i from now. the population uf 1h< \\url d, 111 go from 6 billion 10 9.8 billion . The USA is projected. at current growth rates. to go Jno1 her 200 milli on more Amencans and Colorado will double itself from 4 .3 million to over 8 million. ThJ l means. I 00'1 more people m Culorado by 2050. doubling the size of every city in the need for water. Jnd u "ill udd 10 our problems of air pollution. space. quality of life. gridlock. etc. Nationally. it means " <; more people. cars. planes in the air. air pollution. speeding global warming. species extinction. and n1her horn fie co nsequences . Who . among you. wants that kind of fu1urc for your children with another 200 m1lhon people m 1he na1cd Suues strugghng in 1h1s country just to be alive . I :un inspired by Martin Lu1her Kang . u,Jn B. nthony and Thomas Jefferson . They were the harbinprs of their time . Tius issue h 1>ne 1hJt 1he) ""uld c hampi on~ the mos1 imponan1 an our h1wvy oflh11 ire.at nation . PTesently. U.S . wm<n JI< JI ~.03 fcmhl). :,o \\C Jrc at replacement lc\"el for our own popula11on . Unfortunately. 11 '1 the 2 m1lh,m 1<1 ~ ~ malh,,n 1mm1 gra n1 s p()Unng u,er our bordel'li ye.uly 1ha1 11 caus1111 urban sprawl. pidlock t .. .. • • Englewood City Council December 16, 2002 Page4 and worsening conditions of overpopulation. Please realize, he said, that I'm a former U.S. Army officer, I'm also a former teacher here in Colorado since 1973 and I've bicycled 100,000 miles on 6 continents around the planet, I've been through India, the masses of China, through Bangladesh and they arc not nice places to live because they didn't do anything previous 10 the cawtrophe. If you look at this poster in front of me , the green shows our country at a stable population of255 million , if we badn'I had such massive immigrant since 1965 . And with the current immigration of this 2 million plus per year, we arc headed for a half billion . In your packet, is the Aspen Resolution that can become the Englewood Resolution. It simply asks the Congress and the President to work toward population stabilization by reducing immigration to traditional levels pre-1965 to 175,000 per year, which is sustainable, because wc egress over 100,000 persons per year. Yes, he said, this will create discussion. It will also create debate and then it will create action, and that's whal we need . For compelling facts concerning overpopulation that will help you pass the Aspen Resolution, and make it the Englewood Resolution. please ask me back for a 45 minute work session and I will present you compelling and ll<lbering information that will help you jump on this and sign ii tomorrow. Remember, the more extreme our numbers in this country, the more extreme our children's consequences. You have the power to act, to crcale a discussion and a debate . Foreumple, Colorado is losing a hundred tholllllnd acres a year right now 10 asphalt. Within the next 50 years, that equals 5 million acres which equals a pad of concrete 88 miles square. Thal means it runs from Boulder to Colorado Springs. In the next ten years, according to the National Academy of Sciences, in this country, an encroachment by humans, will cause the extinction of 2,500 planl5 and animals. What moral implications, what ethical implications, does that bring 10 you personally? Finally, what about a drought in 20507 He sta 1~d it will not be just a drought, it will be a social disaater . Finally, this is by Martin Luther King back in 1966. when he agreed to the Margaret Sanaer Award in Human Rights ... "unlikc the plagues of the dark ages or contemporary diseases, wc do not yet undenland the modern plague of overpopulation as soluble by means we have discovered and widi resources we possess . Whal is lacking is not sufficient knowledge of the solution, but universal consciousness of the sravity of the problem and the education of the billions who are its victims. And finally . by the gra.t doctor L. Banleu. the physicist from CU .. .''bere is my challenge to you, can you think of any problem. on a scale from microlcopic; to global, whole long-term so lution is in any way demonsuable, aided, assisted or advanced by havin& tarp populaliona al the local level , state level, nationally or globally . Can you think of anything that will be better if we crowd more people into our cities, our states, our nation and the world?" Whal I am ukina you dii1 evening, he said, is to beco me your own Thomas Jefferson, become a Florence Nigt,tingale, become a Martin Luther Kin&, bec ome a Susan B. Anthony , and create diis discussion now . Tbcy wse harbingen of their time and it is up 10 yo u 10 stand up and make a difference . I have had so many people, give me so many -over the la st three years ... it is not on the venue. it is IIOl our prerogative, it is IIOl this, it is IIOl that . Well. be like a Thomas Jefferso n ... he could have walked away from that great thin& that he wrote. that made this country so great , or George Washington could have said "gee, I don't want to fi&ht diis fipt." I uk you ID Ilk me ba ck here fo r that 45 minute work sess ion or just pass this resolution and we will be&in the areat journey toward bri ngin g th is co untr y. and the world . to a stable population. I ask you to do that toni&ht and uk me any ques uons ... e-mai l me . pho ne me and I will be at your service. Thank you , he said , and Merry Chri;tmas to yo u and yo urs . Mayor BrJdshaw tha nked Mr. Woo ldridge . We will take it under adv isement, she said . 7. Unscheduled Vlsllors la) Fred Eibel . 10 137 Wes t Danmouah Place. Lakewood. wished Council Happy Holidays. Thank yo u for a ll owi ng me to s peak. he sa id . I am co-c hair of Colorado Alliance for lmmipalioa Rdorm ... www .ca1 r.co.org. Lei me as k )'OU a quesuon. he said. Do you think that Colorado and metro Denver hou ld grow ... what ... I% in the nc" ten years ... 10':l, ... 5'1> a )'NI? Acconliaa to Nie of 70, it define, the time 10 double ... yo u divide 70 by the uucreat rate number. Let's say you-powiaa aa IO'f, a )Ca r. y,iu d1.,de 10 on to 70 and th at tell s )OU 7. And 7 1s the number o f years it tua to double a populJuon . If \\C Jre grm,on g at 5~ ... 70 di vided by 5 is 14. Thal means if you pow II 5'1, a yar. you are g,,onl! 10 double in 1-1 ~ears . Colorado currentl y has -1 .3 m1ll 1011 people and II the f ..... powins llllN in • t .. • • Englewood City Council December 16, 2002 Page5 (J the United States and Co lo rad o grew by o ver 30% in the 1990's and it is going to grow by another million peo ple in th e ne xt ten years . Similarly, the U.S . population is on a fast course to double this century, as F ros ty me nti o ned . and o ur children will have to deal wi!h the consequences. Although native-born Americ an s voluntarily reac hed replacement level fertility by 1972, massive immigration is now driving U.S . population to double within our children's lifetimes. The legacy we are leaving to our children is one where every city will be effectively twice as large, with all of the commensurate miseries and demands on o ur environment. Twice as much sprawl. gridlock, congestion, school overcrowding, demands on our decreasing farmland and aquifers and yet corporate interests demand an unending supply of cheap foreign labor. The media is still caught up in promoting open borders agendas with compelling human-interest stories. Many elected officials arc more concerned with the next election than with what will happen 10 or 20 years down the road . Generation after generation of Americans, traditionally. have endeavored to leave their country bener than what it was . Yet Americans today may be the first to fail this legacy, by ignoring the explosive population growth that we sec daily manifested in symptoms around us. We are stealing from the future. he said, for the sake of present economic gain and it can't go on forever. We are approaching the point of no return by overpopulating our own country for the sake of corporate greed and a misguided sense of priorities. He pointed out that the debate about what kind of nation and society we are leaving to future Americans is not occurring and the silence is deafening. America has a right. and indeed , an obligation 10 openly discuss and shape its demographic future . Future generations of Americans deserve nothing less from us, than our full compassion and our every effort 10 ensure them a sustainable future . I ask you to co nsider the Aspen Resolution, he said. and 10 talk amongst yourselves about what type of Co lorado and Denver and Englewood you want for your children. Thank you. Mayor Bradshaw thanked Mr. Eibel. (b) Mike McGarry. 710 Castle Ridge. Aspen, said I come here to uk Council, respectfully, 10 seriously consider Mr. Wooldridge's request. 1 come to this issue that Mr. Wooldridge spoke about. in s mall part. from my long involvement in senior citizen issues ... dating back to, and including, my college days at CU. because it is those on fixed incomes, some of whom are our most frail, vulnerable citiz.ens, who are mo st hurt by our rampant. reckless population driven, growth explosion. And. by the way. the effect is trul y profound. I hope to have a whole power point presentation. by late spring. on the effect of the population impact on senior c itizens. He stated that a human body grows to its natural, full maturity and an y growth beyond that is a pathological condition that will consume and evenlWllly destroy its host. Co ntinuing 10 de vel o p a nd mature the body, to optimum health , makes sense. Force-feeding it powth s tero id s . he said. does not. There is a Chinese Proverb. which says. "if we continue going in the direction we are go in g ... we are headed, we will end up going where we are headed." We need only look to Cali fo rnia . he said , to see where Colorado is headed ... into a future wholly driven by over-population pressures. In 1965 , Cali fo rnia was a state o f about 16 million and it is now a huge 35 million ... larger than most countr ies of th e world a nd it will be a gargantuan 55 million people in 25 short years, at c urrent growt h ra tes. Si nce 1965. Californi a 's sc hool system has gone from first in the country to the bottom. C alifo rnia 's cent ra l va ll ey. a b readbaske t of the country and the wo rld , is expected to be 50% bulldozed wi1 h1n 25 years to accommodate th e ex pl osive human growth rate . Add the water a nd energy crisis that Cah fo rn ,a ha s e .,penenced . he said . a nd Californ ia may neve r o vercome its proble ms . It is al so easy to sec why Ca lifornia ns are lleeon g to Co lorado and exactl y where Co lorado is quickly headed. G ro wth is growth .rnd contin uo us popu la tion growth is uns ust ai nabl e . W ith the gro wth monster beneficiaries wielding mas,,ve power a nd inilue nce ... cx pcct o nl y more growth dressed seductively and disarmingly in the Smart Gro \\th dres. and bo nnet. The United States is c urrentl y gro wing at third world ra tes. He noted we are the ,,xth ta,te,t gro wi ng in the country . Colo rado is gro wing at twice the U.S . rate . Is there anyo ne in this room that reall y belie ve s we .:a n s us tai n th is State with 10 to I'.! million or more people in the near future ? It " for 1hcsc reaso n, th a t I respectfu ll y ask yo u to gra nt Mr. Wooldrid ge his request. I think you have nu1 h1ng m lo,c and everythi ng to gam and I can't 1ma g1ne a more important and rele vant matter to come befo re ~o u Tha nk yo u so mu ,h. he sa id . 1'>1,1\or Br:1d shJw than ~ed Mr. McG rry . ' .... ..• .. ,. • • Englewood City Council December 16, 2002 Page6 (c) James Johnson, 3445 South Downing Street, said I originally came to speak to you folks today about freedom and municipality, although, after hearing these gentlemen, I want to change my subjects to freedom and peace. The first subject I want to speak about is freedom and I issue, you all, three challenges . The first challenge is ... can freedom and peace co-exist? As far as freedom goes, the only quote I have for you is from Thomas Jefferson . "The price of freedom is eternal vigilance ." And, with the subjects that have come up on Capital Hill in recent months, I have even written letters to senators this last year telling them to watch out for the Executive Branch, not to give the Executive Branch too much power. But they were unheeded. Only one person wrote me back and that was the editor of the New York Times. Aside from that, all the other senators didn't give me any notice whatsoever . As I said before, the price of freedom is eternal vigilance and it is up to each one of us to realize when somebody else's freedoms are being infringed upon. Whenever any one of us allows someone else's freedoms to be infringed upon. we lose that freedom ourselves . Whether it be freedom of speech, freedom of religion, or lack thereof, freedom to gather, freedom to just enjoy life . Every time we do not stand up for those citizen's freedoms, we lose those ourselves. A debate came up this week, he noted, regarding both Senator Lon and the cross burning. Now lam not Republican, I am not Democrat, I am not third party and it shouldn't matter if any of you are either. We are all Americans and we should all stand up for the Constitution and the Bill of Rights . Now, he said, one person, one lime said that l may not agree with what you say, but l support your right to say it. And that goes for all forms of expressions. Whether they be a figurative expression. such as cross burning. Now, he said, l am not racist and I do not suppon anything racist, because l feel that infringes on other people's rights to happiness and to their own freedom. However, if they are doing this on their own propeny or if they are saying it from their own words and they do not maliciously harm anyone, then we should all support their right to say that or to do that, so long as they are not infringing on other rights of the other citizens. Of course, he said, the other rights include search and right to trial by jury. l challenge all of you to research at least the first ten amendments to the Conslitution and realize when other people's rights are being infringed upon and uy no, this cannot go on. Thia Total Information Awareness Act that's coming up, the Homeland Security Act 11111 bu already paued, the Patriot Act that has already passed ... how many of you feel comfortable knowing 11111 the aovcnuncnt can look inro all of your records. whether you do anything good or bad or indifferent. knowiq they can look into your records? And really, he said. let's be hoOClt with ounelves. How many of you know that the aovemment is inept. how many of you know that the government makes mistakes? J1111 because you are a good. fine. upstanding citizen, doesn't mean that they won't get their wires crossed and you will be on the stands. The other one I wanted to talk to you about was peace and I will make it very brief. I once talked to my father about peace . he said. and I asked him if peace can be profitable ... more profitable than war . And he told me that no . it cannot. because war controls the population. So. I challenge each one of you to come up with a way 10 make peace more profitable than war and also to sustain the population at a decent rate, because that i the wh ole purpose of war ... to reduce the populati on ... 00110 gain any resources or anythina else of the kind . So it is up to us to dec ide how to balance freedom and peace and how to balance peace and the popula11on . Thank you. l\-lJ yor Brad,ha" than~ed Mr . fohn,on . (d ) Ron Kang . 13132 We st Montana Avenue. Lakewood. said I came to this meeting in ,upport ,if an organization I JU>I Jo ined and that 1s the Colorado Allil&IICC for lmnugration Reform. With the ubJ e,t ,tatcd tonigh t. over po pulatio n ... m terms o f that ... overpopulation is the global aspect of how many people can "e ha ,e and have the natural resources to meet their needs. Now, 1n ierms of immigration. I feel there can he a conuol on the amount that 1s coming 1mo the U.S. The Uiuted Scala. he potllled OUL hJs the nght I(' s.:t It own dcclarauon of how many people ii walllS to lee illlO the COllllll'y. It doesn't have to be ,mp,,.>Cd upon b) a fore1Jn po"'er· The United SlaleS has the npt to clole ill borders . It bu the right. ,n term ,,r HomclanJ Sccunt). 01 coune. nowadays we have to be careful of wbo coma 1MO the .:,,unn) Wh, ·,1n't \\C h,I\C those comin1 m docurnellled '! In terms of the po'WIII po1e1111al. 1n terms of ,lie •.1 l 1mm1¥r.11wn "e ha,c 1mm11ra11on. "'hlt'h we feel is fine . You leplly come hen to lhlre 1n the \me11,.1n Jr.:,1m Th.it,~ th< .1, 1mm1v,111on I upposed to wort . To adupc your MW counay. to learn • • Englewood City Council December 16, 2002 Pagc7 0 the language and 10 become a citizen upholding that flag . In terms of illegal immigration, you have just hordes of people . Obviously. he said, we can understand the desire to seek the opportunity to live a better life . But o n the mher hand, illegal entry into the country is a form of lawbreaking and trespassing. So, as far as illegal immigration, the United States has the right to restrict resources, to .. .in a way ... deny benefits. If yo u give them amnesty, as a reward, it brings in more illegal aliens. It encourages them to continue to have this intent to come to the United Stati,s and have no concern for becoming an American. becoming assimilated with the people . How many hordes can we take in? When will it stop? I think it is one of the most vulnerable points of the United States at this point in time. Our alliance is just calling for respect for America· s borders. A big chunk of the illegal immigration is from Mexico, because they arc our neighbor. I'm saying, lets ask Mexico to have some order and legality on the border, so that we don't have this mass horde of people running across that border. Thank you, he said. 8 . Communications, Proclamations and Appointments There were no communications, proclamations or appointments. 9 . Publk Hearing (a) Mayor Bradshaw advised that this Public Hearing, to gather input on Council Bill No. 62. amending household occupancy limits. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 62, A.MENDING HOUSEHOLD OCCUPANCY LIMITS. Ayes : Council Members Nabholz, Moore, Garren, Wolosyn, Yurchick, Grazulis, Bradshaw Nays : None Motion carried and the Public Hearing opened. All witnesses were duly sworn . Planner I Fruchtl said for the record. staff would like to note that the application was publicly noticed with the requirements set forth within the Englewood Comprehensive Ordinance. Before you tonight, he said, is Co uncil Bill No . 62 . an ordinance revising the Englewood Municipal Code regarding the definition of household . Staff recommends that the City Council consider testimony during Public Hearing on the proposed amendments 10 Title 16 Zoning Regulations. Title 9 Housing Regulations and the 1997 Uniform Buildin g Code Sec ti on 207-F pertaining to the definition of family/household as follows . Fa mil y/househo ld : (I ) o ne or more perso ns related by blood , marriage. adoption, or legal guardianship. induding fos te r c hildren. li ving to gether in a dwelling unit ; or (2) two unrelated persons and their children li vi ng together in a dwe ll ing unit. I just want to give you a little background, he said. The number of unre lated peo pl e all o wed 10 live together in a household was eSlllblishcd in 1999 to coincide with the number of unrel ated peo ple all o wed to li ve together in a group home facility . The current definition of ho useho ld . he sa id. addresses three c ategori es of living arrangements : (I) related people . (2 ) unrelated peo pl e a nd (3) unrel ated peo ple and their children . Following citizen concerns regarding the number of unre lated peo ple liv in g in a dwelling unit. Council directed the City Attorney to racarch occupancy hnll!Jl1o n, within other Jun sd1c1i o ns. It was found that the average number of unrelated people allowed to 1,,e mget hcr in JUn sdicu o ns . thro ughout the metro area und comparable populated cities within the Slate. is J . .\8 Afte r rev 1c\\ o f the finding s . he said. Council defined two objectives . The first objective i, to update 1hc tklirn uo n of hn u~ho ld . .:re aung consi stent language within Title 9 Housin& Reaulations. Title 16 Zoning Reg ul .111 o n, J nd a l.o the 1997 Urnfurm Bu1ld1ng Code. The iCCond objecuve. he said. was 10 re, hC !he cx 1s11n g la nguJgc that r.!,tncts the numb.:r o f unrelated people livina in a dwellina unit. from c1gn 1 pc<1pk 10 .1 nu mber 1ha1 "a, ,ons1S lcnt "1th 1hc met ro area . Council requested that the number of umel.th:d peo ple . J IIO \\CJ 10 ll\e 1oge1hcr ma d"·ell ing umt . be based o n the averaae number of 3.38. 10 be .. .. • . .. .. ' • • • Englewood City Council December 16, 2002 Page 8 consistent with the metro area and establish that number at a maximum of three. On Octobers•, the Planning Commission reviewed, took public testimony and provided comment to the proposed ordinance revisions. During the hearing, the Planning Commission voiced apprehension due to the restrictive nature of the proposed definition, which only allows three unrelated people to live together . Comments were based on a potential living condition that may include individual groups of people that include two or more people unrelated by blood. marriage, adoption, or legal guardianship. To account for the potential living arrangements, the Planning Commission amended the recommendation as outlined in the staff report. The amendment was passed 7-0. During the November 4• City Council Study Session, he said, memben of Council stated that, after contact with citizens in their respective districts, there had been additional concerns raised about parking and also potential rooms for rent within zone districts. During the discussion that ensued, Council, by consensus, stated that they would prefer to limit the number of unrelated people allowed to live together, in a single-family unit, to no more than two people and their children. Council also set November Is• as the first reading hearing date, he said. and at the November Is• meeting Council voted 7-0 to set December 16"' as the public hearing date for the proposed ordinance amendment. Additionally, Council reviewed three alternative languages for prospective motions, moving to amend the Planning and Zoning Commission's recommendation as outlined in the staff report. The City Council appro ved this definition 6-1 . And this, he said, brings us to this evenings discussion. It should be noted. he said. that. although the term household is proposed to be amended to family/household, group living uses are excluded from the proposed definition. He explained that group living facilities are regulated by section 16-4-23-1 of the Comprehensive Zoning Ordinance and must adhere to those provisions. Staff recommends that City Council approve the proposed revisions to the Comprehensive Zoning Ordinance pertaining to the definition of family/household as outlined within the staff report. he said. Thank you. Mayor Bradshaw asked if there were any questions. There were none. Clyde Wiggins, 4975 South Inca Drive, said I sympathize with Council this evening. I am the spokesman for a group of citizens . He asked that they raise their hands so Council can see who he represents. They raised their hands . We ask your help. he said, on updating the :r.onina requirements for R-1-A neighborhoods. We ask you to vote for a limit of two unrelated persons in a single-family home. A limit of two is wise and necessary, he opined. It allows for adequate parking for residents and pests. discourages absentee landlords from turning good neighborhoods into rentals and preserves the quality of life for all Englewood neighborhoods. In the definition ... and this is the previous one ... it states that a single household may consist of eight unrelated individuals. My wife and I recently found out whal that can do to a pleasant family neighborhood. when an investor from Lakewood purchased the house next door. He rented it as a duplex and then received information that caused him to remove the duplex tide and encouraged the renters to consider themselves housemates . With these three renters came four can, a motorh o me ... plus there is a two-car garage that, to this date. for four months now, we have yet to see a car go in and o ut'of the garage . The doors are down and nothing goes in and out of the garaae . I don't know what the y use the garage for. he said. Two dogs. an eleven-year-old , music so loud lhat at least three ne ighbors ha ve called lhe poli ce and complained . They have an unkempt yard. uncut weeds. the smell of d0g dro pping s and you can hardl y blame good neighbors or citizens to look for homes elsewhere. when 1hey mu t li ve next door to th is kind of a situa1ion . We feel . he said. that City Council needs to act to prevc nr the deter iorati on uf o ur neighborhoods . Absentee landlords are buying our good-sized homes and re n11n g 1hcm to a number o f tenants to pay for their investments . They are able to charae rent that a single tamil y cannot afford to pay . Rental homes are easy to spot in Enalewood, he said. they are the ones with a lot of car ,. no attenti o n to weed s and landscaping. little upkeep.junk and cars accumulatina, etc . Your cnde en torcc menr will verify thi, I am sure . he said . Parking space1, can be a problem. when this many md 1\lduJb Jre oc~up ymg une home Jnd this becomes an even biger problem when they have auests. L1111111 ng the oc cupan9 to tw o . .omewhat limns the number of vehicles . We would encouraae you to vote i,ir J lumt of two unre lated md1,1dual s on the Englewood R-1-A zone request. he said . Thank you for your 11me I le .1,l ed 1f ther e "ere .1 n~ ques11ons . 1\IJ)1>r BrJd,hJ " J,l ed 11 there "ere Jny que ,11ons. There were none . She thanked Mr. Wigins. t .. -· • • Englewood City Council December 16 , 2002 Page9 Phil Gilliam. 382 1 So uth Huron, said I saw in the Herald that there was a discussion about looking at zo nin g maybe eight peo ple , eight vehicles to a lot and I thought that was interesting. I live next door to a place that has anywhere fr o m 25 to 40. I called the City ... and of course I have talked to them before ... but I called the City operator and just said I needed to talk to somebody about the current situation and she put me thro ugh to a lady named Tricia Langon. I explained the situation and she said I needed to talk to City Co uncil , so here I am . I live next door to Dean's Sprinkler at 3814 South Inca. It is interesting, as this is R-4 zo ning and there are some gaps in the zoning regulations that Tricia sent me . In R-4 you can have adminis trative offices ... that sort of thing ... and you can also have in-home businesses. He pointed out that the laws for in-home businesses are much more stringent than they are for R-4 office use . In fact, if you had a usage that maybe you weren't flying right, under an in-home business, you could move off the pro perty and keep doing it and the regs wouldn't apply to you. So there are some holes there that need to get fixed . I'm wondering about occupancy too, he said. When you look at occupancy, the upstairs of the house ... what's on the property is a house and a four-car garage. The upstairs of the house is Dean's Sprinkler's office and there is a basement apartment. So you have a case where you have kind of a mixed- use thing. Now can they, in the basement apartment downstairs, have two unrelated families and do business upstairs? If you are familiar with the neighborhood over there, he said, it is real quiet ripl now. because it is wintertime and the sprinkler business is shut down. I counted on the way, u l walked O'Vff here tonight, and there arc only nine vehicles and five trailers with the property, in the streets right now. And it is during the empty time. When they are in full swing doing business, he said, they occupy Huron Street, from the north drive of the Maddox teacher's parking lot, up to Lebish Street and they occupy Lehigh Street to the east along the north end of the school. They occupy Inca Street south down throup the neighborhoods. They have, that I have counted, sixteen or seventeen of their own vehicles, with lo1m, no w and they are in an expansion mode and they have trailers . They have trailen with compressors for blowing out sprinkler systems and to haul ditch witches. And then they have their employees. They show up early and they stand on the opposite side of the street. Some of my neipbors are hesitant to 11y anything. They feel weird . lam in a unique situation, he said. I am the only resident on Huron Street. The rest of it is all garages. When they go to leave their houses, the employees watch them leave. ln the morning, during sprinkler season and when school is going ... you intersect. When Dean's is running, they will double park both sides of the street right by their property, so they can load up all of their gear and make their arrangements and go about doing their business for the day and it gets the street down to one lane. I have never see n a policeman come by and issue anybody a ticket for double parking and it happens day in and day o ut. I have never seen any ti ckets issued for vehicles that are parked there in the off-season fo r weeks and weeks and weeks and weeks . As a matter of fact , they arc parked there until it is time to fire them up ; in the s pring. In view o f the lac k of enforcement by the people in the City given the responsibility o f enfo rce me nt. I wo uld like to sec the City Council, in their consideration of ord -~~cs, just change the la w so they c an 't do it to begin w ith and then there is nothing to be enforced. Th ;ad of my two cents, he sai d . 1 hey ha ve a regular city lot and they ha ve overwhelmed it . Under the gu , ·1 administrative o ffices. th ey run hu ge c rews out that fire up moto rs on equipment to make sure they run. They inventory o ut of th eir garage . He o pined it is a use that is improper for the area and it needs to end . I am somewhat c hagri ned , th at give n how bl atant these th ings are ... and I a m four blocks from the police statio n and they dri ve b y a nd no thing happens. unless yo u squeak real loud . If we arc going to ha ve people in enforcement ca paci ties. th ey sho uld keep th ose o f us living in Englewood. from having to stlllld at this mike . Thanks. he sa id . Mayo r Bradsha w th a nked Mr. G illiam. Mayo r Bradsh:,w as ked if a nyo ne e l,c wbhcd 10 address Counc il o n th1 tiSut Director S,m p,o n said I Jus t wanted to ,peak for JUSI a moment Mr G 1llwn d,d call.-~. lie iAld. and I JU>t wa nt ed to kind of danfy. for Cl.l unc 1l purpo-. some•-While tlMI ,._.. ~. • It 1;, J ddinih: pro blem ... need, to be Jddres~d. 11 1s not neccswr,l) ~bled to the 1-..:~...-.. hailt ._ .,re addre,s,ng 1on,ght. But . he >J 1d . I did want 10 let )OU l.n.>11,. tb;al lrom a lOftllll ~ - . . • t • Englewood City Council Dl,cember 16, 2002 Page 10 we are looki ng at so me c hanges to address this particular kind of problem in the new Unified Development Code. However. he said. in the mwntimc there have been some complaints that have been brought forward over the last eighteen months and they have not been followed up on. it is not a permitted use at that location . as Mr. Gilliam noted correctly, and it actually needs to be followed up. In an R-4 district. administrative and professional offices arc permitted, however, that particular business is conducting a much more expa~ive business and has been in an expansion mode for the last twelve months and it continues. I just wanted to let you know, he said. we have lodged complaints on that also and I don't know the status of those. Mayor Bradshaw thanked Mr. Simpson. Mayor Bradshaw asked if there were any questions other questions. There were none . Mayor Bradshaw asked if anyone else wished to address the Council on this issue. There was no one. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 62, AMENDING HOUSEHOLD OCCUPANCY LIMITS. Ayes: Council Members Nabholz, Moore, Garrett, Woiosyn, Yurchick, Grazuiis, Bradshaw Nays : None Motion carried and the Public Hearing closed. Council Member Woiosyn said I have one question about the new reading. The "or", that connects one and two ... two unrelated persons and their children living together in a dwelling unit ... I guess that would also include say. if one of those people had an elderly parent that needed to live there with them ... that would be allowable. Mayo r Bradshaw asked if that would include a parent, an elderly parent. Planner I Fruchtl said it would include an elderly parent. Ms . Wolosyn said she just wanted to clarify that. Council Member Moore asked if this change is limited to R-1-A. I need clarification on this, he said. Mayo r Bradshaw asked Mr. Fruchtl to answer that question . Mr. Fruchtl said the definition will apply to all the zone districts. We arc amending the overall zoning detinillon. so it will apply with everything. he said. Cou ncil Member Moore sai d he would like to ask a question by example. If you have a married couple and o ne unrelated perso n. is th at a ll owable under the proposed definition or not? Mr. Fruchti said y~. because the mamed cou pl e would be th e family and then the other person moving in would be the other. Co uncil Member Moore noted when yo u go to "or". it is an either/or si tuation . Mr . Fruchtl said the married co uple wo uld be th e o ne a nd th e n the "or", the two unrelated , would be the person who is not married who ,, mo ving in . that wo uld constitute the unrelated perso n that would be moving in there. So. he said. for in stan ce . if my wi fe a nd I had a home and yo u were to move into it , that would be legal , per this definition . As \\C arc married we are consi dered o ne . ~la or Brad,huw asked if there were any ot her questions . There were none. COUNC IL DECIDED TO ADDRESS THIS ISSUE UNDER COUNCIL MEMBERS' CHOICE. ' .· .. . .. .. '·· • • Englewood City Council December 16, 2002 Page 11 Mayor Bradshaw asked if there were any other que stions of.staff. There were none . She thanked Mr Fruchtl. 10. Consent Agenda (a) Approval of Ordinances on First Reading COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I) THROUGH (vii), 10 (b) (I) ud 10 (c) (I). (i) COUNCIL BILL NO . 69. lmRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDlNANCE AlJ'THORIZlNG THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENI' BOARD OF THE 18n1 JUDICIAL DISTRICT . (ii) COUNCIL BILL NO . 37. lmRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE AMENDING TITLE 2. CHAPTERS 1.2. 3, 4. ,. 7 AND 9 AND Tm.E 5, CHAPTERS 3 AND 3A. OF THE ENGLEWOOD MUNICIPAL CODE 2000. P£RT AINING TO BOARDS AND COMMISSIONS . (iii) COUNCIL BILL NO . 73 . INl'llODUCEO BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE AMENDING Tm.£ 3, CHAPTER 4. SECTIONS 2. 7. AND 17. OF THE ENGLEWOOD MUNICIPAL CODE 2000. TO MAKE CHANGES TO ENOLEWOOO NONEMERGENCY RETIREMENT Pt.AN lXJCUMENT (THE PLAN) AS REQUIRED BY THE INTERNAL REVENUE SERVICE. (iv) COUN IL BILL NO 74. INl'llODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE ADOPTING AMENDMENTS TOTIIE CITY OF ENOU:WOOO FIR EF IGHTE RS PEN ION PLAN OCX:UMENT (THE Pt.AN) (v ) G RR ETI A BILL FO R ORDI P LI E OFF I ER PE (0 IL BILL 7 . (11,'TROO ED BY COON IL MEMBER OMENT TO THE CIT Y OF ENGLEWOOD I E rT CTHE PLAN> (H l C V , IL BILL O O. INTRODUCED BY COO IL MEMBER GARRETI \'IRONMENT AL .Of'IIIIIEJ'lirT Of THE FORMER CITY ' • • • • Englewood City Council Decemberl6,2002 Page 12 GARRETT' (vii) COUNCIL BILL NO.? I, INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE DEDJCA TING THE ENGLEWOOD PARKWAY FROM S. ELATI ST. TO CHEROKEE ST . AND A TRIANGULAR PIECE OF PROPERTY AT THE NORTHEAST CORNER OF S. ELATI ST . AT WEST HAMPDEN PLACE AS PUBLIC RIGHT-OF-WAY . (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 64, SERIES OF 2002 (COUNCIL BILL NO . 67, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT AND TEMPORARY CONSTRUCTION EASEMENT ACROSS THE CITY DITCH RlOffJ'-OF-W AY OF THE CITY OF ENGLEWOOD FOR CONSTRUCTION OF A WATERLINE AT OR ABOUT 4663 SOUTH MARIPOSA DRIVE . (c) Resolutions and Motions (i) PURCHASE OF A FLUSHER/VACUUM TRUCK FR0'.I BOYLE EQUIPMENT COMPANY IN THE AMOUNT OF $143 ,364.00. Mayor Bradshaw asked if there was any discussion . There wu ..-. Vote results: Ayes : Council Members Nabholz, Moore. Oanea.. W'oloayn. Yurchick. Onzulis. Bradlllaw Nays: None Motion carried. 11. Regular Agenda (a) Approval of Ordinances on Finl lleadatis Council Member Garrett said before Council :addra.a A,e..sa llall 11 (a) (i) I wanred to state that up until this time I have generally withdrawn from parllCtpallll& ia a111:II dallCWlioa&, but u of lut week I aDJ no longer affiliated with any company that m1s1M have an,...., 111 dotn1 lhis type of' work. so I can participate. (i) Director ln11le ~ Dtreceo, R Departments of In for mat ion Technok>&) .ind l'labh,: Wt>f right-of-way use agreement wuh Ri.·ochet ~ ... utt. In.: JlfflCIIICd a recommendation from the 10 adopt a bdl for an ordinance approving 11 Mr. Ross said Don In gle and I ha,e been 14.knofied the surr SOln'CS on thi s particular issue . We arc kind of an odd coup le . he noied . a. Don · ~ 01 ,1 h.vd dme II l>Offle1h1n1 lha1 sits in a plastic box under his monuor and my idea of a h.ird Jm~ -111111 th.II I h;a,e 10 do when I dnve from the north end of town 10 the so uth end of to"n Direc1or Ro» e,pla11~d 1h.111n ;: Inn.om .apprn,acbed the Cuy with a proposal to anach radios to Excel En~rgy light p.ile, in uur " hl-t•I · .a , Thb "'b .a new ICChnoloay, he said. The 11ock market WIii boomi ng and peuplc "ere ,n,~un, hta\11, 1n ·hn,llou compania. Mecricom was very qpesaive in th~ d~plu) m~m 111 th<1r ,, -.tcm .anJ e!MffeJ 1111 l .airttrntnt 11,uh lhe varlOUS entities and deployed thal sy,tcm . but the, 11<,<r re.a h,cJ tht re ,fflun tht 11.ld hoped for ;and 1n 2001 they filed for bankruptcy. • t • .JI .. • • Englewood City Council December 16, 2002 Page 13 Ricochet Networks. Inc ., has now purchased the abandoned Metricom radios and they wish to begin operating their wireless digital data communications network and they plan to add just five more radios to the system that has already been installed in the City of Englewood, which consists of 50 of the radios that Metricom installed. At this point, he said, Mr. Ingle will try to bring you up to speed with respect to the agreement that has been worked out between Ricochet, GMTC, our counsel, Ken Fellman and staff. Director Ingle said, as Mr. Ross mentioned, there is an aspect to this agreement that is very inter- jurisdictional in that the City participates in the Greater Metro Telecommunications Consortium, of which Leigh Ann Hoffhines, of the City Manager's office staff, is a participant. Several of the cities in that consortium were approached individually about executing right-of-way agreements individually. The issue came to GMTC and they fell it was in their best collective interest to try to create a model agreement. So, he said, what you see before you today is that model agreement with some changes specific to the City of Englewood. As Mr. Ross mentioned, the Metricom technology, as it used to exist, was part of the dot com boom and, actually, the technology itself is quite attractive, from the point of view that it provides band width capabilities or speed capabilities in a wireless mode that exceeds a lot of the offerings that arc currently in existence. Director Ingle noted that examples of that include the current technology that the Safety Services Department uses for mobile police computer communications and that technology is called CDPD . It is a secure element of the cellular band that has been in existence for a number of yean now and, actually, that technology, which is marketed in this region primarily by AT&T wireless, is going to be discontinued in about 19 months . So our Safety Services Department, as well as several other jurisdictions in this area, really face a quandary in terms of how they arc aoing to support that data communication. The City and County of Denver, he said, bought into this Metricom technology pretty significandy and they have basically decided to convert all of their public safety applications to this. It exceeds seven to ten times the performance of the CDPD offering and they arc aoing to be able to do several ttlings that they haven't been able to do. For example, he said, they will have the ability to transmit as-built drawings of buildinp and in the event of a fire, they know where to get in and act out of a building. And they will have GIS maps, for emergency response. He pointed out that those types of applications cannot be done usina the CDPD technology. The GMTC agreement looked into the issue of how to compenaale municipalities. Unlike the Metricom agreement, which had a gross receipcs amount remitted to the jwildictions, lhil does not include that. In lieu of that, he said, the City and all of the other participant&, are followina a model from the City and County of Denver of obtaining free services and equipment from Mctricom. By way of an equation that was worked out, between GMTC and Ricochet, the City will receive 29 modema, at no cost. They amount to about SI00.00 a piece, so roughly about $3,000.00. And an equal IIIIOUllt of basic service. which, on an annualized basis. for that many modems, would equal between $16,000.00 and $17 .000 .00 a year . So. in lieu of that gross revenue remittance, he said, there is a benefit to the City, in the sense that we would.have to find some other avenue and this is kind of the avenue of choice among a lot of jurisdictions, the Ricochet technology. So, what you have before you is, again, a model from GMTC with so me customizations for the City and we think there are some benefits down the road for the Safety Services Department and other departments in the way of wireless communication. At this point, he said, we would be happy to answer any questions. Mayor Brad shaw asked if there were any questions. There were none . Mayor Brad shaw thanked Director Ross and Director Ingle . COUNCIL MEMBER WOLOSYN MOVED. AND lT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 76. COUNCIL BILL NO . 76 . INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE APPROVING A RIGITT -OF-WAY USE AGREEMENT TO ALLOW RICOCHET ETWORKS . INC . TO DEPLOY THE ABANDONED METRlCOM EQUIPMENT TO PROVIDE WIRELESS DIGITAL DATA SERVICES . t • • Englewood City Council December 16, 2002 Page 14 Mayor Bradshaw asked if there was any other discussion. There was none . Vote results: Motion carried. Ayes: Nays: Council Members Nabholz, Moore, Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw None (ii) Director Ross presented a recommendation from the Department of Public Works to adopt a bill for an ordinance amending Title 11, Chapter I of the Englewood Municipal Code IO change the lawful speed limit on local streets in residential tlRWI IO 25 mph. (Council Bill No. 85) Director Ross said in 2002 we finished a Comprchc111ive Transportalion Study and a larae part of that effort was directed at soliciting input from the public. One of the tbinp we heard wu tbal 30 miles per hour was really too high a speed limit fur our residential local strceta. He ldviled tbal the City of Englewood has utilized the Model Traftk Code, written by the Stale of Colorado, widl considerable inpul from the various locales, IO guide us in our traffic laws. Englewood hu ldopfed the Code by reference in our Municipal Code and we have previously modified 36 sections of tbe Model Traffic Code to better deal with situations that exist in Englewood. Staff is before you tonight to recommend that we modify one more section, he said, and that is to reduce the speed limit, on residential local streets, to 25 miles per hour. We make this recommendation based upon the following factors and thesc factors, in our estimation, make 25 miles per hour. the safe and prudent speed for our streets . Because street widths are narrow, and on-street parking is prevalent on these streets, and we have back-out driveways that back out ORIO lhcsc streets, because these arc the front yards of our residents, where their children come topdlcr and play and. finally. under ideal conditions, the stopping distance would be 28 feet less for vcblclca travelina 25 miles per hour, versus 30 miles per hour. We are under no illusion, he said, that people will begin to drive 25 miles per hour automatically, just by changing this law or by putting up some speed limit lips, but we believe tbal our citizens have spoken and that this is the right thina to do. This was a tight year for tbe budpc, he noted, and we didn't put any money in the budget to accomplish the sipina effon. but the Public Works Department is willing to try IO absorb these cOllts in our budpc. by tryina to reduce some C05lS in some other areas, for a bare bones signina effort. That would. basically, CIVail putting up entry 1ipa oa our collectors and our arterials announcina to the people who come into our City tbal the apeed limit ii 25 miles per hour. unless otherwise posted, and then lianina a few of our rcsidemial local streeCS tbal haws had a s peeding problem in the past . If you have any questions I would be happy to try to --them. he said. Mayor Bradshaw asked if Council had any questions for Mr. Ross. Council Member Garrett said I thought , at the beginning of this discussion, that Public Works did not have a position on thi s particular item . Director Ross said in the ve ry early part of the discussion, but 1 think once we finished the Transportation Study a nd li stened to the peo ple, we basically bought into the idea that, with those factors that I listed, it wo uld be a good thing to do. Counci l Member Garrett said yo u sought some input from Safety Services on their position on this iasue and their enforcement conce rn s . City Mana ger Sears sai d I can 't respond . I know that they were presenl 111 all the Tramporwion -tinp Jnd I I.now that they ha ve expressed their concern. I think their concern has been Iha& they are limited widl manpt1 \\er in terms of their enforcement capabilities. But. he !IOICd, al !hole meclinp dley expressed that they would proceed to enforce the law in whatever way the City Council feeb is prudent . Englewood City Council December 16, 2002 Page IS Ma yo r.B rad shaw said plus we gave them an extra traffic officer . Counc il Member Garrett noted we pushed back on that issue in Study Sessions as to whether they actually could do enhanced traffic enforcement. Mayor Bradshaw said I think they need to. Council Member Garrett said that is my major concern with this panicular ordinance, that it i& fine ... we can make it ten ... but if they never enforce it. it really doesn't matter . And I have heard. he said. that it is an enforcement issue. more than a speed limit issue . Director Ross said I think that is the other thing we have to recognize. that this bare bones approach iln 't going to exactly make life easy for enforcement and prosecution, because everybody that ICU a ticket is going to try to go with the defense that "I didn 't sec a sign, I came in a differelll way~ ... so it is really going to put a burden on that pan of our organization. But. he noted, because of the budaec lilllllion. we thou&ht we would do this in a piece meal fashion and slowly work to getting signagc on all the streets. But again. as Council Member Garrett expressed. putting up the signs isn't going to change the way people drive. it is only through the enforcement efforts that we arc really going 10 change behavior. City Manager Scars said I would also like to add that through the discussions there have been. at lea&t in many of those se ssions, concerns expressed by police officers and also by management. in terms of our ability , from a manpower viewpoint. to enforce this type of speedin& issue. But. be noted. I don 't sec that that is overriding. That is a concern we currently have with manpower, with our existing speed limits . But I can tell you, from a staff viewpoint. we are fully behind proceeding with the 25 mile an hour enforcement. I think. as Mr. Ross says, we may have to take a look at maybe increasina our lianaae when the budaet permits us to do that. But, he said. I don't feel at all that there is any feeling in our Safety Services Depanment that we arc not going to be able to proceed and effectively enforce it oni;e the law is chanpd. Council Member Garrett said I don't know if other Council members an: interaled in this. but one of the thing s have as ked for is to have the traffic trailer out that collects data and I have requested that -of 1h:11 data be on Huron . which we have had complaints about . The trailer has been oa the nonll end. cklle to Quinc y. and also on the south end. closer to Belleview. I doo't know wbedler that dala is available or not. he s:ud . but II would be of interest as we go forward . Ci ty Mana ge r Scars sa id absolutely . we will provide that . Direc tor Ro;s sai d I don't know about the traffic trailer data. but we have collected a fair amount of data u well. that "e can make av ailable to you. Council Me mbe r Garrett sa id I th ought th e trai ler was being used to address specific complaint s we ha ve rece1\'cd ... tha1 tha t was th e purpose of it. Co un,il Membe r Moore sa id. on thi s, you ha ve excluded a few street s from the 25 mile an hour lim it . based on whe ther or not they ha ve 3.000 veh icles per day . In particular. he said. I would like to question Floyd . For instance. th e secti on go in g by Roman's Park ... does that section of the road meet this criteria? For an y given roa d. 1s it an all or nothing determinati on bet ween 30 and 25? Director Ro,s ,aid bas icall y that was our determination . We did our Traffic Study, which indicated in broad term, "hat our stree t system wo uld co ns ist of ... our hierarchy of streets. which an: ancrials. collector .. and in ma ny cases Fl oyd acts as a coll ec tor street . • • Englewood City Council December 16, 2002 Page 16 Council Member Moore said one concern that I have here is changing the speed limit to 25 miles an hour in that area. Docs that then push additional traffic onto Floyd'! Docs that push additional traffic through that residential park area'/ Director Ross said our traffic consultants indicated that until you get into really severe traffic calming techniques, such as always stop or the speed bumps instead of humps and going out and just really trying IO get into the face of drivers, that most drivers, when asked to slow down by five miles an hour. are not going to divert from the route, that they have predetermined, they want to go. There is a certain amount of leakage that can occur, obviously. of people saying "well, 1 can go 30 miles an hour on this street, versus 25." But. he noted. if it is really out of their way, they are not going to divert out of their way. Council Member Wolosyn said Floyd is in my neighborhood also, and 1 would say people really do get on Floyd because they want to go down to that Broadway light. That is what 1 have observed. Mayor Bradshaw said there is a school there, also. Mayor Bradshaw asked what is Council's pleasure at this point. She asked if there were any other questions of Director Ross. Council Member Moore said 1 have another question, but it is not necessarily for Mr. Ross. Just to throw the idea out, he said, we could discuss whether or not we want to begin more aggressive enforcement. Do we want to consider additional traffic officers to improve enforcement and better enforcement of our existing laws. versus changing this? It is another tactic to weigh. I think what we are hearina is lhat this approach has some value, but it is, very much, questionable value, especially if we don't enforce it. I feel like we haven't really had a hard conversation about whether we should invest the funds in additional traffic officers. I think we have received data, which indicales that. at lcut for some additional amount. we could increase the number of officers with offsets for the tickets. Maybe, be said, we could go with one or two more officers and still not create an additional financial hardship on the City. Mayo r Bradshaw said I think the people we need to answer those kinds of questions aren't here. Director Ross said that problem is really going 10 be a difficult one to address with just one or two offic:crs. We have 83 centerline miles of local streets in our City, he said. and we only have 120 CC!Mrline miles to tal. The vast majority of our City is local streets. 1 don't know what kind of saturation you would need to accomplish this. 10 really drive this thing home. but as far as the actual speedina problem on local residential streets. we really don't sec a lot of tickets issued at the praent time, along those stteees. Now granted. on a typical local street you are going to have 300 vehicles a day and if you are going to assign an o ffi cer 10 a particular local street 10 enforce this. he is going to be sitting lhere a long time before he gets to write a ticket, on most occasions. • Coun ci l Member Garren said we have been informed by the Director of Safety Services that Ibey deploy the enforcement function mo re as it relates to accident rates . So you are not going to see enforcement on local streets. he said, as yo u have very few accidents that occur there. So, as the Director stated. Ibey deploy the resources efficiently. Mr. Garren pointed out that that causes some issues for Council, because we have !O deal with different types o f issues. not just efficiency. necessarily. City Manager Sear, noted that Safety Service Director Olson had an emergency tonight. But despite that. he ,a,d. we will be happy to respond 10 these questions . We can provide information in a Study Session, if Co unc il would like that. We could address. from Safety Services viewpoint, their manpower and their methodology o f enforcement . MJyor Brad;hJ\\ ,i.ked ,f th:u \\ould be the Study Session on the 6* or the 13*. t .. • • Englewood City Council December 16, 2002 Page 17 City Manager Scars said because of the holidays, I would suggest the 13"'. In response to Council Member Wolosyn , City Attorney Brotzman stated this item was on first reading. Mayor Bradshaw said what we can do is deal with this item on first reading, if Council wants to, have the Study Session on the 13"' and bring it back on the 20"' for second reading. She asked if that was fair . Does that work? Council Member Garrett said I know Safety Services would like to continue with their education program and use a more community friendly way of addressing some of these issues . He pointed out that Council has been hammered a lot over the speeding issue . Mayor Bradshaw said the survey said that and it has come up at every meeting we've had . Council Member Yurchick said I think a lot of the people speeding through the neighborhoods are not the citizens. They arc people commuting through the City. On our street, on Fox Street. they come down Oxford, and Fox is the first street they hit to head down towards downtown Englewood. He noted it is oot the people who live on that street. it's the people coming through town . One thing I would like to look into. he said. is the cost of a photo radar gun. What would that cost us. as a means of enforcement, versus po lice officers? Mayor Bradshaw said on, like Danmouth and those places? Mr. Yurchick said anywhere ... portable vans and whatever we want to look at. Mayor Bradshaw said we will be addressing the whole enforcement issue on the n• of January. She asked if someone would like to move the item to put it on the table. Council Member Moore said I would personally prefer to continue first reading until after the Study Session. Mayor Bradshaw said okay. She asked if that was Council's pleasure? Council concurred. Mayor Bradshaw said then this won't come back up until the 2~ of January, after the Study Session on the 13"'. Mayor Bradshaw thanked Director Ross . (Clerk's nole: Council BID No. 85 was continued lo tlw.,lauuary 21, 2003 City Couadl Meetia&-1 (b) Approval of Ordinances o n Second Reading There were no additi o nal items ,ubmined for approval on second reading . (Sec Agenda Item 10 • Consent Agenda.) (c ) Resoluti o ns a nd Motions (i) Directo r Kahm and Director Simpson presented a recommendation trom the Engle\\fl<ld Env ironmental Foundation to adopt a resolution supporung the proposed development agreemem between the Englewood Environmental Foundation and Development Solutions Group. Ll.C for rede,do pmem ll f the fc rmer Ci ty Ha ll property at 3400 South Elati Street . Direc to r K.1hm ,a,d Director Simpson and l are here this e\'ening representing EEF and asking for Counc11" s ;,uppo ri o f three resolutions. -~ .. • • •• '<• ... • • Englewood City CoUJ1cll December 16, 2002 Page 18 Director Kahm said Agenda Item 11 (c) (i) is a recommendation from EEF. We arc asking for Council's support of EEF in going forward with a development agreement with Development Solutions Group, LLC for the redevelopment of the former City Hall site at 3400 South Elati Street. On December 2od, he said, Council passed a motion supporting us moving forward. Since last Friday we have been working back and forth with their legal counsel, on a purchase and sale agreement. Our final draft went to their attorney Ibis afternoon. they arc red lining it and we arc hoping to have a document that will be executed sometime tomorrow. So, he noted, it has been going very well . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 103, SERIES OF 2002. RESOLUTION NO. 103, SERIES OF 2002 A RESOLUTION SUPPORTING THE PROPOSED !;>EVELOPMENf AGREEMENT BETWEEN THE ENGLEWOOD ENVIRONMENT AL R>UNDATION (EEF) AND DEVELOPMENT SOLUTIONS GROUP, LLC (DSG) R>R REDEVELOPMENT OF THE R>RMER CITY HALL PROPERTY AT 3400 SOUTH ELATI STREET . Mayor Bradshaw asked if there were any questions or dilcusaion. Council Member Wolosyn said I have a question. Under the Development Covenants section, on page 2 of the deal sheet, it just says "D. The owner shall develop a medical office and ancillary services facility with related retail space." It doesn't say anything about building height at all. I know, she said, the reason we were going to include the strip in the deal was if it was a three story with so much occupancy and this doesn't specify any stories, so I was sort of surprised. Is !hat going to be an issue? Is that something !hat is still open? Director Simpson said it is still open. The deal provides for Deve!oPfflent Solutions to come forward and develop the medical office facility. They are looking to develop becweon 40,000 and 60,000 IIQllll'C feet. he said . They definitely have adequate interest to develop the 40,000 and they ue working durina the due diligence period to increase their capacity to 60,000. If they can achieve that. that will increase the height of the building on that parcel to three stories. If not. it will remain at two stories. Council Member Wolosyn said in my opinion it is not remaining it is revertina. Because what we talked about was three stories . I am going to suppon it, she said, because I would like to see some development come into the City -,but 11 will be with some reservations. Director Simpson said I am sorry that was misunderstood . What this particular development deal sheet provides for is price. timing and use . Ms . Wo losy n thanked Mr . Simp so n. Mayor Bradshaw asked if there were any other questions. There were none. Vote results: Ayes: Council Members Nabholz, Moore. Oanett. Woloayn. Yurchick. Grazulis, Bradshaw Nays: None Motion carried . I ii) Director Kahm and Director Simpson presented a l'CCOIIIIIIIIDd from tile Englewood Environmental Foundation to adopt a resolution supponma a non-eiu:llllive ingresslep'esl eJ,ement agreeme nt w11h Situs Emcrpm~s 10 accom modate the new alianment ofE111tewood Parkway . Englewood City Council December 16, 2002 Page 19 Director Kahm said this is some housekeeping for EEF. Approximately two and a half years ago, the City went forward and acquired properly for the Englewood Parkway extension. In doing that we purchascJ three parcels from Situs Enterprises and we purchased the print shop. Al that time, as a condition of those purchases. we agreed to provide Situs with an ingress/egress casement to connect them with the new Parkway. We have been unable to do that up to this point in time, he said, because just tonight, we dedicated the right-of-way for the Parkway. So now this easement has some public right-of-way that it hooks up to. This easement does connect the Situs propcny parking lot, but it will also serve as an access point from the redevelopment project at 3400 South Elati. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (11)-RESOLUTION NO. 104, SERIES OF l002. RESOLUTION NO. 104, SERIES OF 2002 A RESOLUTION SUPPORTING THE ENGLEWOOD ENVIRONMENT AL FOUNDATION'S GRANTING OF A NONEXCLUSIVE INGRESS-EGRESS EASEMENT OVER AND ACROSS A PORTION OF THE FORMER CITY HALL PROPERTY AT 3400 S. ELATI STREET FOR ACCESS TO THE SITUS ENTERPRISES PROPERTY LOCATED ON THE SOUTH SIDE OF THE ENGLEWOOD PARKWAY IMMEDIATELY EAST OF THE FORMER CITY HALL PF "ERTY. Mayor Bradshaw asked if there were any questions or discussion. There was none . Vote results: Motion earned. Ayes: Nays: Council Members Nabholz. Moore, Garren. Wolosyn, Yurchick. Grazulis. Bradshaw None (iii) Director Kahm and Direc10r SilllplOII praented • recommendalioa from the Englewood Environmental Foundation to adopt a resolution supponiq a non-exclusi~ inpeu/epeu easement agreement on the north side of the Enatewood Partway IICIOII from the former City Hall building. D1rec1or Kahm said this is additional housekcepina. As the Enatewoocl Parkway was COllllnll:ted. it bi sec ted the o riginal 3400 South Elati propcny and created a strip of propeny approximately 60 feet oorth and south . that separated the new Parkway propeny from the old Girard Avenue and the public access to K11nco ·s pro perty. the Phar-Mo r propeny. At this time. he said. we arc askina that you support an ea,eme nt th at gi ve s u non -e xclusi ve ingress/egress eascmcm to Kimco so that they have acceu. once apin. to the new Park wa y pro perty. CO NCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c ) (iii) -RESOLUTION NO. 105, SERIES OF 2002. RESOL T ION NO . 105. SERIES OF '.!00'.! A RESOLUTION UPPORTING THE ENGLEWOOD ENVIRONMENTAL FOUNDATION'S G RA T ING OF A O EXC LUSIVE INGRESS-EGRESS EASEMENT OVER AND ACROSS A PO RT IO OF T HE FO RMER CITY HALL PROPERTY AT 3400S. ELATI STREET FOR ACCESS TO T HE P RO P ERTY LOCATED ON THE NORTH SIDE OF THE ENGLEWOOD PARKWAY ACROSS FRO M T ll E FORM ER C ITY HALL BUILDING. Ma~o, BrJJ hJ11 J~l ,d ,f there we re an) ocher qucstlOIIS for witf. There were none •• ' ·"' •. • • Englewood City Council December 16, 2002 Page20 Vote results: Ayes : Nays : Motion carried . Director Kahm thanked Council. Council Members Nabholz, Moore, Garr ~n. Wolosyn , Yurchick, Grazulis, Bradshaw None (iv ) Senior Planner Graham presented a recommendation from the Community Developmem Department to approve , by motion, a Professional Services Contract with Virginia Steele for historic and cultural preservation activities . Senior Planner Graham said Ms . Steele would manage a series of historic and cultural related items through the next year. This would include the Jubilee plans for the City's Centennial. some housekeeping measures on the Skerrin House and the Englewood Depot. potentially. and a cultural resources inventory for the south portion of Broadway . Mayor Bradshaw asked if there were any questions for Mr. Graham. Council Member Grazulis asked if these properties were just thole south of Kenyon. Mr . Graham replied the final item involves properties just south of Kenyon ... to identify properties that are approximately SO years old . Mr . Graham said there was one item I did forget to mention. This also includes some assistance with an ordinance for landmark preservation and to identify criteria for identifyin1 which properties may be significant historically. Ms. Grazuli s said these are commercial ~-Mr . Graham answered, yes, commercial properties. Co uncil Member Grazulis asked if he had anything planned for residential. as there are quite a few old homes in tha t area. Mr . Grah am sa id the survey, at this time. is limited to Broadway and it is bein& done in conjunction with rc\l,alln g 1he 1997 South Broadway Action Plan. so that we have a heads-up on which properties may be agnalica nt and e ffect decisions regarding Broadway . Mayor Bradshaw said ma ybe a future thing could be residential, but probably we need to get Broadway 1"\CntOned firs t. 0 NC IL l\lEI\IBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA IT EM 11 (c ) (Iv) • A PROFESSIONAL SERVICES CONTRACT WITH VIRGINIA STEELE FOR HI STORIC AND CULTURAL PRESERVATION ACTIVITIES. MJ )Or Brad;,h:rn as l.ed 1f there was any other di scuss ion . There was none . \' Ole ttSUJts: Council Members Nabholz. Moore. Oamu. Wolosyn. Yurc htek. Grazul is. Bradshaw None 1, 1 mo r Planner 1111 pttSented a rcc:omrnendalion from die C0111111111111y O.:,d,,pme m O.:p.1nmen11 0 apprme. by mouun. a Prof~n.al Scrv ll:CI Conlra.'1 w1lll Leland COlllllluna • t • • Enalewood City Council December 16, 2002 Page 21 Group for Englewood/Oxford Light Rail Station Studies. This is a contract, he said, that is under the aus pices of the Heritage Planning Grant that the City received last year to do some specific planning around the two light rail stations in Englewood, the Englewood Station adjacent to this building and the Oxford Smtion. The contract amount is in the area of $55,000.00, of which $31,000.00 is from the Grant and additional funds are budgeted in the Community Development budget for 2002 . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (v) • A PRO~IONAL SERVI~ CONTRACT WITH LELAND CONSUL TING GROUP FOR ENGLEWOOD/OXFORD UGHT RAIL STATION STUDIES. Mayor Bradshaw asked if there was any discussion or questions. There were none . Vote results: Motion carried. Ayes: Council Members Nabholz, Moore, Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw Nays : None Mayor Bradshaw thanked Mr. Stitt for being so patient. I appreciate it. she said. (vi) Senior Planner Graham presented a recommendation from the Community Development Department to approve , by motion, a Professional Services Contract with Leland Conaulting Group to develop a South Broadway Corridor Plan. He said this is also a c:ontnlCI with Leland Consulting Group to provide recommendations for South Broadway. 'The conlrlCt ii an exlelllion of tbe 2000 Market Analysis, and, as previously mentioned, another look II the 1997 Soulb Broadway Action Plan. This proposal, he said. would involve a series of meetings wilh stabholders, IUCb u buli-.11111 develop some marketing material for Broadway. Mayor Bradshaw said this is the whole Broadway corridor. Mr. Graham said it is focused on the south portion of the corridor, soudt of Kenyon to Belleview ... well, all the way to the City limits. Mayo r Bradshaw thanked Mr. Graham. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (vi) • A PROFESSIONAL SERVICES CONTRA T WITH LELAND CONSULTING GROUP TO DEVELOP A PROFESSIONAL SERVICES CONTRACT WITH LELAND C.ONSUL TING GROUP TO DEVELOP A SOUTH BROADWAY CORRIDOR PLAN. Motion carried . Ayes : Council Members Nabholz, Moore, Ganett. Wolo&yn, Yurchick, Grazulis, Bradshaw Na ys : No ne I'.!. General Discussion \a) Ma yo r's Cho ice (i) Mayor Bradshaw said she was confused about the contact person with RTD . u w we have J n~w perso n ... Senior Manager of Service Development . What ia this.. Ille uked Mr. Scan. Englewood City Council December 16, 2002 Page 22 City Manager Scars said we were surprised to see that come in too. We don't really know this Jeff Becker, we haven't had any real relationship with him. We maintained a relationship with Liz Rao and Liz has always been very responsive and we anticipate that that will continue. Mayor Bradshaw asked if this was in response to the bus stop issue. City Manager Sears replied that he believed that they annually appoint a person to act as a liaison. They have asked for our liaison and last year we appointed Mike Flaherty. I think from our staff viewpoint, wc will continue to have Mr. Flaherty as the point person from the City llaff. Mayor Bradshaw said, okay. it was just confusing and I wasn't sure what was aoing on .... like a bait/switch. City Manager Scars said it was not a personal letter, I think it wu somewhat of a form letter. Mayor Bradshaw said it looked like a form letter. (ii) Mayor Bradshaw said also, we received this memo from Gary Sears with an attached letter from RTD requesting that letters of suppon be acnt to U.S. Senators, Represenlalives for the Southeast Corridor Multi-Modal project, now known as Transponation Ellpanaion Project. orT-REX. What is Council's pleasure on that? Council Member Yurchick said he threw his away. Council Member Garrett said he would like to defer judgment on that until a later poin&. maybe in January. Council Member Grazulis said she concurred with that. Mayor Bradshaw said wc will bring that back. (iii) Mayor Bradshaw said she received a lener from F.d Scoa. and aome or you might know this. but at the January 6• meeting wc will be announcin1 die Cilizenl of die Celllury nominees . Ed Scott wants to address us on another issue and I would jllll like IO baw: F.d Scoll lllllified that he is on Scheduled Visitors for that night. since he will be here anyway . Thal way, he won't hive to make two trips for different reasons . (iv) Mayor Bradshaw said the Homeland Security thm1 that came dlrouah the National League of Cities. about the funding for first responders promilOd a year qo, bun't made it yet. didn 't kn o w if we wanted to send a letter. C ity Manager Sears said the Council previously said to proceed to do that. Ma yor Bradshaw sa id this 1s somet hing else. this came back again. City Mana ger Sears sa id as I understand it, the letter was prepared to go and then Congresa took lhat over. Ma yor Bradshaw ,aid they took the action . Ma yo r Brads haw said what the y need to do is send us money, let's go ahead aad uk for funding . Cit) Manager Sears sa,d o ka). I, l Mayor Bradshaw said I want to wish you 111111 vr.ry Merry Chnstmu. It haa bee n a n honor ,er, 1n1.1 "1th )OU th,s las1 year. she s:ud. and I look forward to 2003. We have accomplllhed • .t .. • • • • Englewood City Council December 16, 2002 Page23 a lot. of yo u reall y want to ta ke a loo k at the agendas. I hav e never seen an agenda where the second meeting in De cember had thi s many items on it. So you are to be commended for working so hard up to the last minute. Staff a lso ... thank you . (b) Council Members ' Choice (i) Council Member Grazulis said I just want to say Happy Holidays to everyone . (ii) Council Member Yurchick said Happy Holidays . (iii) Council Member Wolosyn said Happy Holidays. Happy New Years . There is a fairly good chance I won't be here for the January 6.,. meeting, she said, I'm probably going to request that the packet be Fed X 'd to me . There arc things going on back east and I may be gone. (iv) Council Member Garrett: I . He said we took public testimony tonight on the definition of household and how many people can be in a ho usehold . At this time, he said. I would like to make a motion. COUNCIL MEMBER GARRETf MOVED, AND IT WAS SECONDED, TO AMEND TITLE 16, ZONING REGULATIONS, TITLE 9 OF THE HOUSING REGULATIONS AND THE 1997 UNIFORM BUILDING CODE, SECTION 207-F, PERTAINING TO THE DEFINITION OF FAMILY/HOUSEHOLD AS FOLLOWS: FAMILY/HOUSEHOLD, ONE OR MORE PERSONS RELATED BY BLOOD, MARRIAGE, ADOPTION OR LEGAL GUARDIANSHIP, INCLUDING FOSTER CHILDREN, LIVING TOGETHER IN A DWELLING UNIT OR TWO UNRELATED PERSONS AND THEIR CHILDREN LIVING TOGETHER IN A DWELLING UNIT· (COUNCIL BILL NO. 62). ORDINANCE NO . 65 . SERIES OF 2002 (COUNCIL BILL NO . 62) AN ORDINANCE AMENDING TITLE 8, CHAPTER 24, SECTION 2. SPECIFIC MODIFICATIONS; TITLE 9 , CHAPTER I. SECTION 4, DEFINITIONS. AND TITLE 16. CHAPTER 8, SECTION I. DEF INITIONS . OF THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING THE DEFINITION OF .. HO USEHOLD." Mayor Bradshaw as ked if there wa s a ny di sc ussio n . uun.:11 Member Moore said there arc a couple questions I'd like to ask . How does th is apply? If we - to pa~ thos amend ment . how docs u a ppl y to existi ng s ituations that would be in viol auon of the new deli muon·! The second question I have ,s. of the des ire is to ha ve an impact on the rental situations. is it >1Jff> op,noon that a li mit o f three. -..o uld be. at least on a little more deference to the Plannin1 and l.onin1 u mm1>s1un . How we ll would II address some of the concerns our citizens have raised? ;1.l ayor Brau,hJw sao d Cuy Att o rnc:y Brot.zma n would ans wer the fint one. II) ,\norne~ Brotzman sa ,d there os no 11rand fa thcr c lause on this . That means it beco1 'CS effective after 1he relerendum penod. ow. on J II honest). -..e woll probably Sil do,..n with the people .. "c membcr. <n to r,emenl ut tho, " b .:ompl aont o nl y. So the n. -..c ,..,II II down with thole people. If they had • lcue 1hJt emh. \IC "111 lool.. to th.I t date 3> the date to tcr mona tc their relat1onsl11p 1n thal i55uc . Ownership issues b.:,ome J lonle bu more Jofficult .ind we -..,II handle those o n a cue-by-cue basis . :\Ir rruchtl "''J. r.:g JrJon~ the ,1.ilf, posuoun on 1h1>. -..he n tho ,..as un11nall y pruenled to 11aff from the Cu, l\,un.:,I. 1herc "ere 11H> ,,bJe.:111c, The tirsi obJ~·u ,-e ".Ii 10 mKC th1np more urufonn throushOul .. . .. .. t • • Englewood City Council December 16, 2002 Page24 the zoning ordinance. To bring uniformity, not only to the zoning ordinance, but also to the building code, so that when people do have the ability to go out and enforce it, it's interpreted the same throughout all codes. The second objective was to create consistency within the metropolitan area . Staff believes that the motion we have presented to you, the recommendation of two, will accomplish best said, the goals that were presented by City Council. Council Member Grazulis said I just want to give my opinion. l'm thinking that I still respect PlaMing and 2.oning Commission's output on this. Of the three, I think 8 was too many, 2 is too few . I think it is too restrictive . We arc still coming up with unknown situations and that I have a problem with. I guess it is just one more thing ... that I don't want government to be that restrictive. That's all I have to say. Mayor Bradshaw asked if there were any other statements. Mayor Bradshaw said she thought two was fine and will support it as written. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO AMEND COUNCIL MEMBER GARRETT'S MOTION TO ACCOMMODATE THREE, AS OPPOSED TO TWO. Mayor Bradshaw asked if there was any more discussion. Mr. Yurchick asked are we voting on the amendment now. Mayor Bradshaw said yes, we are votin& on the amendment to change it to three. Vote result& OD the ......a-t: Council Members Nabhol&. Moore, Oruulil Ayes : Nays : Council Memben Garrett. Wololya. Yurcbick. Bndlbaw Motion defeated. Vote results OD -«ion to approff ~ No. 65 (c-.dl • No. 62): Ayes : Council Members Nabhol&. Moore. Garrett. Wotosyn. Yurchick. Bradshaw Nays : Council Member OrUllli1 Mo tion earned. Mayo r Bradshaw no1ed that was a tou&h decision. 2 . Mr. Garrett said someone may ha•e to till me in on history . One thiq I do admitt about dlil Council . he said. 1s th:at we do ha~e an open mike pohcy duriq our Council IMClinp. The 1u1 lhiq I 1hinl I "o uld hkc 1110 become I a fir.c amendment liQapboll for anybody who is DOI a citiien of Englewood . Tonight we had qu11e a few people come dvou&h thal weren't ciuzcns ofEnpewood. and I thin~ 11 1 a forum for our citizens to come forw;ard wuh their isaues and concerns. Nol that I would want to utlc an~one from prcsen11ng 10 us. he salll. but whether -w ... Ill consider haviq I time limit. Iha! is d1ffercn1 fo r our ,11,zen, ,er us people 11,ho are not from Enalewood. Mj)Of Bradshaw ;;ud l thin._ 11,c need to look at that . 1 think this was the result of a conference in Denver anJ thjt 1s "hy 11,e "ere inundated this evcnina. o unc1l Mcmb<'r Garren said thi. 11,:is the second 11me tin wuc has been brou,hl befole 111 . • t .. • • Englewood City Council December 16, 2002 Page25 Council Member Wolosyn said I don't agree with Mr . Garren . I didn'I agree with the positions and I didn 't appreci ate the rime being I.liken ... but it is the price we pay for living in this counuy. There arc: legitimate groups , who don·11ive here and they come and speak in a respectful way , so I can't deny them . Mr. Garrell said there arc two things . One , I did not say we would stifle. Ms . Wolosyn said ... you said we would limit their rime . Council Member Garrett noted that in the City and County of Denver, you cannot speak. He pointed out that it 's not a right of this country that you get to speak at every forum . Mayor Bradshaw said ... so whal do you want? Do you want to look at that ; do you want IO let it go the way ii is? What is Council's pleasure? Council Member Grazulis said I will look at it. but I agree with Ms . Wolosyn. Council Member Nabholz said she agreed with Mr . Garrett . It took quite a bit of time tonight. Mayor Bradshaw said, yes . it look 20 minutes . Council Member Moore said he aareed to look at it further . Mayor Bradshaw said we could gel some information about how other communities are doin& it and talk to CML. Council Member Garren suggested we sec if there arc: any legal issues . Mayor Bradshaw said legal issues .. .like the first amendment . City Attorney Brotzman said we will coordinate thole. (v) Council Member Moore : I . He said following on the speech issue. I would just like 10 ask if there is any chance thal it would be benefic ial for staff 10. perhaps, consult with Mr . Norman to find OUI if there is a way that his needa can be mer without repeated visits to Council. He has been in front of us the lul four or five .-ions, he 111d. to the extent there mighl be a more effective way for him to air hi1 view&. I'd jUll like to throw it OUI for consideration . Mayo r Brad sha w sai d she thought as long as he is a constituent ... and he is a resident ... he bu a riaht to spea k. That is my o pinio n. she sa id . I don't know about the rat of you. but it is part of the job. Mr . Moore ,aid he did no t sug gest change 10 our procedures. other than perhaps the staff may. maybe there is a differe nt wa y. :?. He said Ha pp y Holidays to ev eryo ne and I hope you have a w:ry Happy New Year . ( vi) Council Member Nabhol z: I . She ,aid I wi ll be real quic k. I hav e had three complainu agai n with Radio Disney over the phl>a ho es and ,pcaler h ne,. I currentl y ha ve fi ve filters on my phone . A year and a half aao. she said. when I ,po ke "1th the m. the cam e out and put another filter on. which made it si1t fillers . They 1111d a lot of ume ,. when the hac l gro und mu sic gets reall y hi11 h, thal that II when they UIC their satellite IO booll lbcir ptmer. Thi:, ,111~ gentlema n. hi s bu siness 1s at 3070 South Lipan . said II IS rnlly affectina 1111 busl-. I km iw 11 atfe ~ts m~ co mpu ter and fax machine . she sa id . I need 10 fi nd out who the coniac1 penon would Englewood City Council December 16, 2002 Page 26 be, because I know they have been very good to the Parks and Recreation Dcpanment. I don't want to step on any toes, but at the same time I want to get this taken care of. Ciry Manager Sears asked if they had contacted her directly for the filters. Council Member Nabholz said when it became so bad, they personally came out, the General Manager gave me the fillers and showed me how 10 use them inside the house, plus QWEST put two on the outside box , but QWEST will not get involved in it, that I do know. 2. She said she thought the Council should send a card of condolence and some flowers to Mary White on lhe death of her father last week. I think she is kind of having a tough time right now. 3. She said the graffiti on Amoco is slill there. I know today is the 16,., the day its supposed lo be off. so we'll see come midnight, I guess. 4. She said I want to say thank you to Mr. Munds for all be does form. I realize he bad some serious denial work done, but he's still out working. We appreciate that, she said, you do a lot, so thank you. 5. She said I would like to iake a look at the Windshield Doctor . He does not put windshields in. He does linle holes, within, I think, a ).inch radius . Then, if it is bigger than that, be gives you a card with a discounl to Empire Glass. So, be is receiving a commission off that. I don't know if that is a legal use or nor. or if it is a permined use. I just want us to take a look at that. 6. She said I wish everyone a Happy Holiday and look forward to scrvina with all of you next year. 13 . City Maaapr's Report (a) City Manager Sears said I was at the Recrealion Center today and the comtruction is going along very well . I really appreciate what Director Black and Director Kahm are doing. and Gary Hullberg. They are really making it happen and I think it is aoina to be a great project over there . We will keep the Council posred as the co1151r11Ction moves ahead . (b) Ciry Manager Sears said ii is a 1oup time to mention this, but I do wana to say we are really taking a look at our budget situation. I've appoillled Mr . Flaherty, and he is aoina to pul toactber a ~ouplc: of <kpartment directors 10 review as many altcrnalives u we can for our IJudaet. as we ao mto nut }e,ir. and "e plan 10 come back 10 the Council in late January with the updated status from our department on "h.il a hcrn.,t,ve s "e need to take a look al going into early next year for bud1JC1 . I don't see any real ,~n,, o ur there .. we ha,e not seen any real signs that we have: turned the comer from a budactar)' view p.unt \ ere.di}. mcc:rc:l y. need to monitor this and follow through with that. In that vein, be said, we ha, c: e"cnded rhe lime for !he: 1mplcmenu1ion of 1be pay for performance component of the pay plan until pnl I ~. JI 1he earliest. We have nouficd employees as we presen&ed the pay plan information to them. 50 lhJI "e ,Jn IJle J beuer lool. JI o ur tin:mdal situation. So far. I would say employees have been under IJndtng JnJ rc:i:epll\e 10 1hat s 11ua11on. I jib! wanted to let you know that. that is foremost in our 1h,1ughr; .. 1ha1 "e need 10 conunue lO monitor our finances . 1,1 II t\larugcr Sears .aid I .ilso wan&cd to note. that apin. -really do have a loc of peat pc,1 ple 1hJ1 step up 10 1he pl:uc. Fnday night Director Black informed me aboul an individual thal bad IJllen ,n 1he R,,,:re:llmn enter -..h1lc "orl,;101 <>111 in the early evenin,. You have a memo 1n dial reprd. he ..i,J The p,:rwn "ho "a. a11he dcsl. "llh the 1rllinin1 that she bad .•. and she was a~ .-,son ... rally Jumped 1nm 11 he "ai. J hnle ;,hakcn up and "'e llfC wortuna with her on thal . The Fire Depannwal wu ,·o n1J.:1ed JnJ mm uur la re 1 1nlMma11on. 11 look hl.c that penon is ao1ng IO be able ID make it. due to her qu , · dlum We \\Ill cnn,e~ i:o ngrarulauo n 10 her. be said. • • Enpewood City Council December 16, 2002 Pqe27 Mayor Bradshaw suggested Council send a letter to that person and have all of us sign it Mr . Sears agreed that would be outstanding . Mayor Bradshaw said she thought it would be a good idea . (d) City Manager Sears said he wished everyone a Happy Holiday. 14 . City Attorney's Rep9rt (a) City Attorney Brotzman said Happy Holiday's and I look forward to seeing you next year . 15 . Ad.Joun-al DSHA W MOVED TO ADJOURN. The mcctin1 adjourned at 9:32 p.m. • t .. • • . ' .. • • • • 1 -. -~ ... -., --) . .. .. . ' • • -\ ----·---···---. --: t. • • PLEAS& PRINT PUBLIC COMMENT ROSTER AGENDA ITEM 7 DATE: January 8, 2003 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES ..,N=AM=E----___ . ...,A=D=DR...,E;ss ........ ____________ ;_IIIEC ·Lou EUia From: Sent: To: Subfect: Lou, Pauletta Puncerelfi Tuesday, January 07, 2003 2:54 PM Lou Ellis Nominee list Here Is the Citizen of the Century nominee list. NomiMe list.doc "CITIZEN OF THE CENTURY'' NOMINEES (In alphabetical order) Charles Allen (nominated twice and represented by Doris Nazarenus) Nominated by Doris Nazarenus; Ruth Hansen Roy Altenbach Nominated by Bill & Joan Clayton, the Englewood Public Library staff, and Mary Gwyn Fitzgerald Thomas J, Burns Nominated by Keith Morris Gilman & Theresa Ann Mayeda Cherrelyn Horsecar Nominated by Cyndi Krieger Nell Dinneen Downing Nominated by Fem Downing Osborne, who is present representing her mother Selwyn Hewitt (nominated 6 times) Nominated by the Malley Senior Recreation Center Advisory Committee; Gail Hewitt Ingraham; Barry Hewitt; Dr. Roscoe L. Davidson; Vincent C. LaGuardia, Jr.; Stephen M. Woodworth Elsie Malley (represented by her great niece, Joyce Fleenor) Nominated by the Malley Senior Recreation Center Advisory Committee Steve Neyer Nominated by Danny Warren George Noffsinger (represented by his son, Ron Noffsinger) Nominated by Richard Carlson Dorothy Romans (nominated 4 times) Nominated by George & Perlcie Allen ; the Englewood Department of Safety Servi ce s; Eugene L. Otis ; Toni Butler Ed Scott Nominated by Bill Benton Dr. John Simon, Jr. & Beverly Simon (represented by their children , Kent Simon and Christie Dougherty) Nominated by Barbara Holthaus • • • Charles Bryant Sinclair & Bertha Mabel Slnclalr Nominated by Vera Sinclair Corbin, who is present tonight representing her parents Thomas SkerriU Nominated by Cyndi Krieger Kells Waaoner Nominated by his daughter, Kathi Moore & Vivienne Cutrell (Cute-rcll) PROCLAMATI O N WHEIEAS, Englewood was incorporated as a City on May 1 1903 b y a popular vote o f 169 to 40 ; ,ind WHEllfAS, in the I 00 years hence. the City oi Englewood has undergone signifi c ant and po siti ve c ha n ge while retaining its o rig inal appeal ; and • WHEIEAS, the En~ewood City Council has requested that the Englewood City Manager's Ofiice convene a c ommittee o i Englewood citizens and business representatives to develop a plan tor the 2003 centennial celebration oi the City's founding; and WHEREAS, th is c ommittee was formed , and held a series oi meetings in 2002 to c oordinate and promote community .ictivities related to this important event; and • WHEREAS, this committee, in an effort to set Englewood's centennial apart irom other centennial celebrations. selected to name the year-long celebration "Englewood Jublee 11• to represent 50 years tim es two; and WHEREAS, the Englewood Jubilee II Committee has adopted the slotPn, "Old Century Charm. New Centu rv Vi sio n " as J theme ior the celebration; and WHEREAS, through the Jubilee II community activities. the citizens oi Englewood are encouraged to c elebrate their c ommo n histo ry in an appreciative and iun-iilled manner; and , WHEIEAS, the ju b ilee II Committee is sponsorins a ·Citizen of lhe cenau,y• project to ho nor thos e who ha\e 11 de J s1gn iiic ant. lo n g-l ast in g contribution to the Englewoo d c ommunity; NOW, THEREFORE , we, the C itv Council oi the Citv oi Enpwood. Colorado. in recognition and apprecia tio n oi th e ::;re.i t l11 storv oi this communitv. ,md til e c ontributions o i its many ci tiz ens, do hereby take great pri de 111 proclaiming 2003 as the \'ear oi ·~ ...... Ir In honor oi I th e I 00th Birt hda\ oi the Ci 1, o r Englt!,,ood. Council Member luhe -\. Grazuhs \.\a,or Pro Te rn Oougl.1, C.irrc n Council \.\ember John H . ,\\oore Counal \.\ember -\1,n N .1bholz Council \lem~r Olgl Wolo,,n Council \\ember M,ch.lel \ urchld. t • • Date January 6, 2003 INmATED BY: COUNCIL COMMUNICATION Agenda Item 10 a i Subject City of Cherry Hills Village Fleet Maintenance Contract Oeoartment of Public Works I STAFF SOURCE: Ken Ross Director of Public Works COUNCIL COAL AND PRMOUS COUNCIL ACTION Council strives to promote regional cooperation. With that In mind, Council has agreed to enter Into fleet maintenance agreements with the City of Sheridan, Lions Club, and Englewood Schools. The agreements with Englewood Schools and the Lions Oub have three annual renewal provisions, and the officials from these two agencies have agreed to the 2003 rate increase and the City Manager will be signing these agreements for the City. RECOMMENDED ACRON Staff seeks Council approval of a bill for an ordinance authorizing the Mayor to sign a four-year Intergovernmental Agreement (IGA) with the City of Cherry Hills VHlage for fteet maintenance. BACKGROUND, ANALYSIS, AND All!INATMS IDENTIRED The City of Englewood has been providing fteet maintenance services for the City of Sheridan, Englewood Schools, and the Englewood Lions Oub train since as early as December, 1992. These entities are satisfied with the services provided by the City of Englewood, and have continued, over the years, to renew their fteet maintenance agreements with the City. The revised hourfy rate for these services in 2003 is $49.32. The IGA aUows for adjusting the hourfy rate each year. Cherry Hills Village has historically been receiving these services from the City of Littleton. The Fleet Maintenance Division at the City of Littleton has undergone some changes and they have Informed Cherry Hills Village that they no longer wish to provide these services. FINANCIAL IMPACT Providing these services to outside entities has been accomplished without adding additional saff. Income for these services helps defray the cost of providing fteet maintenance services to all Englewood Departments. It is estimated that. in 2003, maintenance services provided for the City of Cherry His Village will total approximately $30,000.00. LIST OF ATTACHMENTS Bill for an Ordinance Contract • • ORDINANCE NO. SERIES OF 2003 BY AUTifORITY ' HO.t • BYCOUNCIL AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND TIIE CITY OF CHERRY HILLS VILLAGE, COLORADO, WHEREBY THE CITY OF ENGLEWOOD WILL PROVIDE THE CITY OF CHERRY HILLS VILLAGE WITH VEIDCLE MAINTENANCE. WHEREAS, the City of Englewood hu agreemenll with other govemmcntal entities for the servicing of the vehicles of those entities since 1992; 111d WHEREAS, the City of Englewood and lbe City of Cherry Hilla Village desiR to enter into an agreement whereby Englewood provides Cherry Hilla Villap with vehicle maintenance. NOW, THEREFORE, BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~-Tbc mteraovcrnmcntal apocment between lbe City ofCbeny Hilla Villqe, Colorado, 111d lbe City of Eqlewood. Colorado, for vebicle maintnwace, attacbed u "Exbllrit A", is hereby acc:cptcd and approved by lbe f.Dalewood City CCIIIIICil Sectiop 2, Tbc Mayor ii authorized to eucu1e 11111 lbe City Cledt to llllell and -1 lbe Apccmcal for and on behalf of lbe City of Eqlewoocl. Colondo. lntroducccl, read in full, and peaed on finl readiltl ca die 6* day of J-.y, 2003. Publilhcd u a Bill for an Ontiunce on Ibo u,• clay al Janay, 2003. ATfEST: Beverly J. Bndlllaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk oflbe City ofEnpwood. Colando, llll'eby Cll1ify dill die above and foregoin& is a true copy of a Bill for III OrclinlDce, illlroduced, lad ia ftall, 11111 pllllld ca ftnl reading on the 6111 day of January, 2003. CONTRACT TIDS AGREEMENT, entered into this 12th day otDecembe r, 2002 by and between the City of Englewood, whole address is 1000 Englewood Parkway, Enclewood, Colondo 80110 and the City of Cherry Hilll Village, whose address is 2450 E. Quincy Ave, Cherry Hilla Villaae, CO 80110. TERMS OP CONTRACT NOW TIIEREFORE, IT IS AGREED by and between the City of Enclewood and the City of Clary Hills Villqe that: I. The City of Englewood, Colorado sball perform the followina services: The City of En&lewood shall perform all .-y repain 111d llllinlmlllCe OD the vehicles owned by the City of Chary Hills Villap ID the Alilflclion of the City of Cheny Hilla, 111d the City of Chary Hills sball pay to die City of Bapewood for IIICb lerVic:a lhe sum of fony-niM dollln and dlilty-two cen11 (149.32) per boar, in addition ID lhe COIi IO die City of Ba&)ewood of uy par1I °' Ollllide vendor cbarpl pllll twDty percent (201') handlina fee. 2. The City of Bn&lewood will proceed with die perfo rlDIIICe of die ISYicel called for ill Panpaph No. I OD Janua,y I, 2003 lllld the Coatrlet sball llerllliMm CID December 31, 2004. Three additional one (I) year periodl may be neaotiafed by die City MIDapr °' hil delipee. 3. Some maintenuc:e of the City of Oleny Hills Villap'a wbicla aball be pafouaed by the City of Bapwood accordin& ID a ll:hecllale ID be iadl by die Cily al Clllny Hilll ViDap ml approved by lhe City of Eapewood • plll al lllil ap c • 1W iDclllda wait reqwted by Cherry Hilla Villap °'-': ldemifled by Bllpwood dlrilla illlpei:liae al 1be vehicle. 4. The City of Enpewood lhall n:pair uy vebiclea of lbe City al C-.y Hille Villap clelhenld to lhe City of Bapewood for that purpo11 ill a aood, -'-lib -· 5. The City of Enpewood and die City of Chary HlDa Villap ..... _. ID: ..,_ 10 W.., diachlrac. prumoee. demote OI' cliacrimialle in U'J mllllr of C f •M•; perfoiw, services or otherwile. apiul 111y per-. olberwilc qualifiod solely becaa al-, c:ned, sex, color, national ori&in or ancatry. 6. This Con1nc1 may not be modified, amended or otherwise abaed un1eu llllllllally apwd upon in writina by !he parties. 7. The City of Enalewood by and throup ill employees and lplltl lball be cx,naidanld for ID purposes of the Connel. to be indepeaden1 contnctors and DOI employ.a of !he City of Cherry Hills Vill:iae . 8. The City of Cherry Hilla Vill:ip by and dvoup ill employeea and a,eaa sball be camidlred for illl purposes of 1he Colllr.lCI . to be indcpcndcat CODnctOl'I ud _. emploJw of the City of Ena lewood . -1 · •• • t • • • 9. The City of Englewood shall not assign or transfer its interest in the Contract without the written consent of the City of Cheny Hills Village. Any unauthorized uailJIIIICllt or tnnafer shall render the Contract null, void and of no effect u to the City of Cherry Hills Villap. 10. The City of Cheny Hills Village shall not as,ign or transfer ill interat in the Contrllet without the written consent of the City of Englewood. Any unauthorized uaignment or tranafer shall render the Contract null, void and of no effect u to the City of Ens!ewood. 11. The City of Englewood shall be raponaible for the profeuional quality, technical ICCUnC}', timely completion and the coordination of the iepairs Ulldet the Contract The City shall, without additional compensalion, comet or revue my emn, omiuiona, or ocher dcfic:ienciea in ill services related to the Contract. 12. Silber party of the Contract may termiure the Coalnct by aiYina to !be otber party 30 days DOCice in writing with or without &OOd c:&111e shown. Upon deliw:ry of IIIICh ~ by the City of Cheny Hilla Villqe to the City of Bqlewood and upon expindoa of !be 30 day period. Ille City of f!ns)ewood shall diKoatin11e all 111nic:el ID COIIIIIIClioa widt !be paforma:e of Ille Contract lu -u pncticable after receipt of DOdce of tenninldoa, !be City of l!qlewood shall submit a stalrmellt, abowina in delai1 die Nl'Yicel pa fumed IIDder !be Caaaw:t to the dare of rermiDadon. 1'he City of Cherry Hills Villap shall 1MD pay die City of EnsJewood prompdy 1h11 proportion of the ia-ibecl c:barpl which !be IDl'Vicea ICtUally performed Wider Ille CoalrlCl bear to the toca1 IDl'Vicea caUod far ander Ille Colllncl, lea such paymenll on llCCOUIII of the charpl u have been pntViouly made. 13. All llOlicel ud CQIIIIIIUIUC&li under die Conrnct to be mailed or deliwncl to the City of Ellpwood shall be to die folJowiD& addlaa: Director of Public Worb C"icy of Eq1cwood 1000 Enpwood Partway EllaJewoad, Colorado 80110 All DOlica ud ..._,..;rarioe, penaiDiq to die CODlnl:l shall be mailed or deliwnd to !be Cily of Cheny Hills Villqe a& the folJowiaa llldma: City of Cheny Hilla Villap 24SO E. Quincy Ave. Cherry Hills Villqe. Colorado 800 14. Thc ICfffll 311d conditions of the Coatnct shall lie biDdiDa upon each City, its succeuon and auip11 . 15. NothillJ hc:rc u shall be construed u c:rellina aay palOllll liability cm die pat of ay officer or aaent of any public body which may be party bemo, -shall it be couwed u aivina any ripts or benefill hereunder to &nfOIII ocber da lhc City of CIMny Hilla Villap 111d die City of Eqlewood. IN WITNESS WHEREOF. ihc p:vtics h.:rcio have uecuted dlia CODlnCI Iha day IDII year flnt wri!llen abov e . -2- • • A'ITEST: CITY OF ENGLEWOOD Louc:riahia A. Bilis, City Cleric Beverly J. Bndlbaw, Mayor A1TEST: Date January 6, 2003 INmATEDBY: COUNCIL COMMUNICATION Agenda Item 10 a ii Subject Lions Oub Train Maintenance Contract Deoartment of Public Works I STAFF SOUia: Ken Ross. Director of Public Works COUNCIL GOAL AND PRMOUS COUNOL ACTION The Lions Club has been operating their train at Belleview Park for years. The Lions Club Train is a diesel locomotive, which needs annual maintenance. In a spirit of cooperation the City Council approved a maintenance agreement with the Lions Club in 1999. In addition Oty Council has agreed to enter into fleet maintenance agreements with the City of Sheridan and Englewood Schools. The agreements with Englewood Schools and the City of Sheridan have three annual renewal provisions, and the officials from these two agencies have agreed to the 2003 rate increase and the City Manager will be signing these agreements for the City. RECOMMENDED ACTION Staff seeks Council approval of a bill for an ordinance authorizing the Mayor to sign a four-year agreement with the Englewood lions Oub for maintenance of their miniature train. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRm The City of Englewood has been servicing the Englewood Lions Oub miniature train since December 1999. The Englewood lions Club continues to operate the train throughout the summer months at Belleview Park. The Englewood Lions Oub has been satisfied with the services provided by the City and is interested in continuing our working relationship at the revised hourly rate of $49.32 in 2003. The IGA allows for adjusting the hourly rate each year. FINANCIAL IMPACT From 1999 through 2002, the Service Center Garage has taken on the additional wortcload of servicing the Lions Club miniature train. This has been accomplished without adding additional staff. Income from the Englewood lions Club helps defray the cost of providing fleet maintenance services to all Englewood Departments. It is estimated that, in 2003, maintenance services provided for the Englewood Lions Club will total approximately $3,000.00. LIST OF ATIACHMENTS Bili for an Ordinance Contract • .t • • ORDINANCE NO. __ SERIES OF 2003 BY AUTIIORrrY AN ORDINANCE APPROVING THE CONTRACT BETWEEN nm CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD LIONS CLUB FOR MAINTBNANCB OF111E ENGLEWOOD LIONS CLUB MINIATURE TRAIN. WHEREAS, the EnJlcwood Lions Club lpplOIChed the City rcprdina COlllnctiDa wilh lbe City for mainlCnancc of their miniaiun: train, which ii opcraled 111d houaed ll Belleview hit; 111d WHEREAS, the City of Englewood 111d the &glcwood Lion's Club desire to cmer into u aareea-1 whereby EnJlewood shall provide lbe Englewood Lions Club wilb meintcnuce of lbe l!qlewood Lions Club Minialllre Train; NOW, THEREFORE. BE IT ORDAINED BY nm CITY COUNCll. OF nm OTY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~. The Contracl between the City of EnJlcwood, Colorado ud lbe Eaalewood Liem Club pcnaining IO the mainlenanc:c of the Englewood Lions Club Millilaln Tl'lia, IIIXMd • "Babillit A", ii hereby acccpled and approved by the Englcwood City Council. ~. The City Manager ii authorized IO CXCCUIC 111d the City Ciak to lllell 111d acal lbe Contract for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and puaed on fint rcadin& on the 6"' day of Juuary, 2003. Published as a Bill for an Ordinance on the 111' day of Juuary, 2003 ; ATIEST: Beverly J. Bradshaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of EnJlcwood, Colando, bawby c:w1ify lllal die abcMl llld foregoing is a true copy of a Bill for an Ordinance. inlroduc:ed, rad in fllll.11111 paaecl cm finl ..... on lhc __ day of January 2003 . Louc:riallia A. Bllia - AGREEMENT FOR MAINTENANCE THIS AGREEMENT, entered into this __ day of , 2002 by and between the City of Englewood, whose address is 1000 Englewood Parkway, Englewood, Colorado 80110 and The Englewood Lions Club, whose address is P .O. Box 205, Englewood, Colorado 8015 l. TERMS OF CONTRACT NOW THEREFORE, IT IS AGREED by and between the City of Englewood and Englewood Lions Club that: I. The City of Englewood shall, according to a schedule to be made by the En,ilewood Lions Club and approved by the City of Englewood, perform maintenance of the Englewood Lions Club miniature train and sball also perform repairs requested by Englewood Lions Club or identi ti .:d by the City of Englewood during inspection of the miniature train . 2 . The City of Englewood shall repair the miniature train of the Englewood Lions Club delivered to the City of Englewood for that purpose in a good, workmanlike manner. 3 . The Englewood Lions Club shall pay to the City of Englewood for such services the sum of fony-nine dollars and thiny-two cents ($49.32) per hour, in addition to the cost to the City of Englewood of any parts or outside vendor charges. 4 . This Contract shall authorize the services called for in Paragraph No . l, for 2003 . Three additional one ( l) year periods may be negotiated by the City Manager or his dcsignee . 5. The Ciiy or Englewood and the Englewood Lions Club agree not to : refuse to hire. discharge , promote, demote or discriminate in any matter of compensation; performance , services or otherwise, against any person otherwise qualified solely because of race, creed. sex , color, national origin or ancestry . 6 . Th is Cl)ntracr may not be modified. amended or otherwise allercd unless mutually agreed upon in writing by the panics. 7 . The Ci ty o f Eng lewood by and through its employees and agents shall be consi de red for a ll purposes of the Contract, to be independent contractors and no t e mployees o r the Englewood Lions Club . The Eng le wood Lion s C lub by and through its employees and agents shall be con s idered for all purposes o f the Contract, to be independent contractors and not employees o f the City of Englewood . 9 . The C ity or En!.(le wood shall no t assign or transfer its interest in the Contract without the wrincn co nse nt of the En g lewood Lions Club . Any unauthorized assignmen t l)r tra nsfer shall render th is Cl)ntract null . void and o f no effect as to rhe Englewood Lio ns Cl ub . -1- ... I ~ ' • • 10 . The Englewood Lions Club shall not assign or transfer its interest in the Contract without the written consent of the City of Englewood. Any unauthorized assignment or transfer shall render the Contract null, void and of no effect as to the City of Englewood. I l. Either party of the Contract may terminate the Contract by giving to the other party 30 days notice, in writing, with or without good cause shown. Upon delivery of such notice by the Englewood Li ons Club to the City of Englewood and upon expiration of the 30 day period, the City of Englewood shall discontinue all services in coMection with the performance of the Contract. As soon as practicable after receipt of notice of termination, the City of Englewood shall submit a statement, showing in detail the services performed under the Contract to the date of termination. The Englewood Lions Club shall then pay the City of En&Jcwood promptly that proportion of the prescribed charges which the services actually performed under the Contract bear to the total services called for under the Contract, less such payments on account of the charges as have been previously made. 12 . All notices and communications under the Contract to be mailed or delivered to the City of Englewood shall be to the following address: Director of Public Works City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 All notices and communications pertaining to the Contract shall be mailed or delivered to the Englewood Lions Club at the following address: Eni;lewood Lions Club P .O. Box Englewood. Colorado 801 S 1 13 . The tcnns and conditions of the Contract shall be binding upon each entity, its successors and assigns . 14 . Nothing herein shall be \:Onstrucd as creating any pcnonal liability on the part of any otliccr or agent of any public body which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the Englewood Lions Club and the City of Englewood. -2- IN WITNESS WHEREOF, the parties hereto have executed this Agreement for Maintenance Services the day and year first written above. A1TEST: CITY OF ENGLEWOOD Loucrisbia A. Ellis, City Clerk Gary Scars, City Manager A1TEST: ENGLEWOOD LIONS CLUB -~~1}.;;.,u .. -3 - COUNCIL COMMUNICATION Date Agenda Item Subject January 6, 2003 10 a iii Bill For An Ordinance Adopting The 2003 Budget For The Concrete Replacement District 1995 Fund Initiated By I Staff Source Department of Finance and Administrative Services Frank Grvtdewicz. Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council approved the 2003 Budget and Appropriation on final reading November 15, 2002. RECOMMENDED ACTION Staff recommends City Council approve the attached bill for ordinance adopting the budget for the Concrete Replacement District 1995 Fund. This was mistakenly left off the Budget Ordinance adopted in 2002. Concrete Replacement District 1995 Fund Fund Balance, January 1, 2003 Revenues Expenditures Fund Balance, January 31, 2003 FINANCIAL IMPACT ($16,602) $5,711 $4,300 ($15,191) This bill for an ordinance adopting the Concrete Replacement District 1995 Fund's budget estimates revenues exceeding expenditures by $1 ,411 ; the deficit in the fund balance will be reduced by this amount LIST OF ATTACHMENTS Proposed bill for an ordinance ORDINANCE NO. SERIES OF 2003 BY AUTHORITY AN ORDINANCE ADOPTING THE 2003 BUDGET FOR CONCRETE REPLACEMENT DISTRICT 1995. WHEREAS, Englewood City Council approved tbe 2003 Budget and Appropriation on final reading November 15, 2002; and WHEREAS, tbe budget for the Concrete Replacement District 1995 Fund wu inadvertently left off the Budget Ordinance adopted in 2003; and WHEREAS, the City of Englewo I is required by City Charter to comply with lepl restrictions governing local budgeting. NOW, THEREFORE, BE IT ORI..,AINED BY 1llE CI1Y COUNCIL OF 1llE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1, The 2003 Budget for the Concrete Replacement District 1995 of the City of Englewood, Colorado is hereby amended as follows: Fund Balance January 1, 2003 Revenues Expenditures Fund Balance January 31, 2003 ($16,602) 5,711 4,300 ($15,191) Section 2, The City Manager and tbe Director of Financial Services are hereby authorized to make the above changes to the 2003 Budget oftbc City of Englewood. Attest: lntrod~ced, read in full, and passed OD first reading OD the 6• day of January, 2003. Published as a Bill for an Ordinance on the u1• day of January, 2003 . Beverly J. Bndlbaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify that the foregoing is a tJUe copy of Bill for an Ordinance, introduced, read in full, and passed on tint reading on the 6• day of January, 2003 . . . Loucrisbia A. Ellil COUNCIL COMMUNICATION Date Agenda Item Subfec:t January 6, 2003 10 a iv Bill For An Ordinance Adopting The 2003 Budget For The Central Services Fund Initiated By I Staff Source Department of Finance and Administrative Services Frank G . Director COUNCIL GOAL AND PRMOUS COUNOL ACTION The Council approved the 2003 Budget and Appropriation on final reading November 15, 2002. RECOMMENDED ACTION Staff recommends City Council approve the attached bill for ordinance adopting the budget for the Central Services Fund. This was mistakenly left off the Budget Ordinance adopted in 2002. Central Servic:el Fund Fund Balance, January 1, 2003 Revenues Expenditures Fund Balance, January 31 , 2003 BACKGROUND, ANALYSIS, AND ALTERNATIVES $165,167 $370,500 $334,125 $201,543 Central Services provi d es printing and copying services as well as maintaining forms , paper, and other prin ting supplies. FINANCIAL IMPACT Es timate d reve nu es w ill e xceed expenditures by $36,375, which wil inaeue the ending fund balance to $201 ,543 . LIST OF ATTACHMENTS Proposed bill for an ordina nc e • • BY AUTHORITY ORDINANCE NO. 4, SERIES OF 2003 INTRODUCED BY COUNCIL MEMBER~~~~~~ AN ORDINANCE ADOPTING TIIE 2003 BUDGET FOR TIIE CENTRAL SERVICES FUND OF TIIE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Enalewood City Council adopted the 2003 Budget and Appropriatiom on final reading November 15, 2002; and WHEREAS, the budget for the Central Services Fund wu inldvertmdy left off the Budget Ordinince adopted in 2002; IOd WHEREAS, the City of Englewood is required by City Charta to C11SUR that it complies with legal requirements govemina local budgetina. NOW, TIIEREFORE, BE IT ORDAINED BY TIIE CITY COUNCIL OF TIIE CITY OF ENGLEWOOD, COLORADO, 11fA T: Section I, The 2003 Budget for the Central Services Fund of the City of Englewood. Colorado, is hereby amended IS folJowa: Fund Balance January l, 2003 .Revenues Expenditures Fund Balance January 31, 2003 Ceatnl Senlal .... $165,167 370,500 334,125 201,543 Section 2, The City Manager IOd the Director of Financial Servicca are hereby authorized to make the above changes to the 2003 Budaet of the City ofJinalcwood. Attest: Introduced, read in full, and puscd OD tint readina OD the,,. day of Jmuary, 2003. Published as a Bill for an Ordinance on the to-' day of January, 2003. Beverly J. Bndabaw, Mayor Loucrishis A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby ccr1ify that the foregoing is a tJue copy of Bill for ID Ordinance, introduced, read in tbU, and paaed on fint reading on the 6* day of January, 2003 . Loucri.ahia A. Ellis • Oi.DINANCE NO._ 8Blm!S OF 2002/2003 BY AUTHORITY COUNCIL BILL NO. 37 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE AMENDING TITLE 2, CHAPTERS 1, 2, 3, 4, S, 7 AND 9 AND TITLE 5, CHAPTERS 3 AND 3A, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO BOARDS AND COMMISSIONS. WHEREAS, it bas been some time since there bas been a review of the Englewood Municipal Code relating to Boards and Commissions; and WHEREAS, the City Council of the City of Englewood, Colorado asked the members of these Boards and Commissions for suggestions for updating the Code relating to such Boards and Commissions; and WHEREAS, the City Council has reviewed the suggestions and the provisions of the Code relating to City Boards and Commissions and finds that some ordinances need clarification as well as technical changes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section J. The City Council of the City of Englewood, Colorado hereby amends Title 2, Chapter I, of the Englewood Municipal Code 2000, with the addition of a new Subsection 2, entitled Quorum, which shall read as follows: 2-1: ELECTION COMMISSION 2-1-1: Commlnloa Created . The Election Commission shall consist of the City Clerk, who sball be a member ex officio of the Commission, and four (4) qualified electon of the City. No more than two (2) members of the Commission shall be from any one Council district of the City. The Commission shall elect a chairperson from its membenhip. Appointments of qualified elector members shall be made by the City Council in January of the year in which the appointment expires for a four (4) year term to expire on February I four (4) years hence. 2-1-2; Q1orum, A simple majority of the duly appointed rnsrn!m pf S"5 9Yrrni11;99 •pH 5fllllituts • quorum roe the transaction of business 1n the absence oft 9WPP-w rnsrntm as are present may adjourn from time 10 tirue uptil • quorum ii prgent, -1- .. 10bl f • ' . .. .. • • • C CJ Section 2. The City Council of the City of Englewood, Colorado hereby amends Title 2, Chapter 2, Sections I and 2, of the Englewood Municipal Code 2000, which shall read as follows: 2-2: PUBLIC LlBRARY BOARD 2-2-1: Appointment and Terms. The Public Library Board shall consist of nine (9) memben appointed by City Council from citizens-at-large with overlapping terms of four (4) years. Twe (2) 1111mh1PS shall sePYe llfttil FehNary I, 198i!, t>we (2) Memhel'II shell ,epye llfttil Fehru-, I, 1983, three (3) meMhePS shell sePYe llfttil Fehl'IIIII')' I, 1984, encl twe (2) memhePS shell seA'e llfttil FehNllf'Y I, 198S. Thereafter, mefflhef9 shell he appeintecl fer fe11r (4) ,ear lel'ffl8. The City Council shall make appointments to fill vacancies for the unexpired terms. The City Manager shall appoint a member of the Library staff to be an ex officio nonvoting member of the Board. 2-2-2: Organization and Meetings. The Public Library Board shall convene at least once in each calendar month for the transaction of such business as may regularly come before it. A record of each meeting shall be kept and placed in the office of the City Clerk for public inspection . All regular meetings of the Board shall be open to the public. A simple majority of the duly appointed members of the Commission shall COll.ltitute a quorum for the transaction of business, In the absence of a quorum. such members as are present may adjourn from time to time until a quorum is present Section 3. The City Council of the City of Englewood, Colorado hereby amends Tith.. ", Chapter 3, Sections I and 2, of the Englewood Municipal Code 2000, which shall read as follows : Chapter 3: WATER AND SEWER BOARD 2-3-1 : Board Establlsbed. There is here by established a Water and Sewer Board consisting of the Mayor of the City , two (2) Council Members selected by the City Council and six (6) memben appointed by the Council from qualified electors, serving six (6) overlapping terms of s ix (6) years . A representative from the City administration shall be appointed by the City Manager to serve as an ex officio, nonvoting member. Qae ma,• ef Ille Beall shall he appeiRleS hy the Ce11Reil te serYe otil FehNIII')' I, l9fi9: twe (3) •••-af the BeaFs shall he appeiRtes hy the Ce111teil te seP't•e 1111til Feh..., l, 19fi4. TheFeal\eF, 111ePRheFS ef the Nia 88111'8 tlhell he 1ppei111ed hy .. C11M11il re, ...... ef si11 (6) years . Council members on said Board shall serve during their tenure u aucb Council member. All members of the Water and Sewer Board shall be subject to removal by the Council. The Council shall make appointments to fill vacancies for the expired terms . -2- ,, ' ... . .. • • 2-3-2: Powers and Duties. The Water and Sewer Board shall exercise such authority, and it shall have such powers and duties as are vested in it by the City Charter, and such other and further powers as may be delegated to it from time to time by ordinance or resolution. A simple majority of the duly appointed members of the Commission shall constitute a quorum for the transaction of business In the absence of a quorum. such memben as are present may adjourn from time to time until a quorum is present. Section 4 . The City Council of the City of Englewood, Colorado hereby amends Title 2, Chapter 4, Section 3, of the Englewood Municipal Code 2000, which shall read as follows: 2-4: PARKS AND RECREATION COMMISSION 2-4-3: Powers and Duties. The Parks and Recreation Commission shall have the following powers and duties: A. Advise City Council in all matters pertaining to recreation. B. Pfepa,e MM&lly a pulte BM ,eeNaliea mMter pla fer tile de,elep111e11t a11d llltlfflte-ee eh med-BM IMle....-p8f1Es and ree,eatiea 1)11te111. G ~-Act as a sounding board of the community and pthcr and UICSI the facts and data necessary to make sound recommendatiooa to the City Council in providing recreation services. The commiuioo, with the approval of City Council, may form committcca made up of commission members as well as citizens as needed to reaarcb programs that call for extensive time IDd discuuion. Tbese committees will be advisory only to the Pub and Recreation Commission. ~-Review the annual parks and recreation budget as submitted from the Department of Parks and Recreation to the City Manager and make recommendations to City Council if the commission deans nec:euary . ~-Adopt rules and regulations for the conduct of the commission meetings and duties of its officers and committees. ~-Meet monthly or as necessary . Section S. The City Council of the City of Enalewood, Colorado hereby amends Title 2. Chapter 5, Section I, of the Englewood Municipal Code 2000, which shall read as follows : -3- t .. • • 2-S: PLANNING AND ZONING COMMISSION. 2-S-1: Commi11ioa Established. There is hereby established a City Planning and Zoning Commission consisting of nine (9) members, appointed by the City Council, who shall be citizens-at-large with overlapping four (4) year terms. The City Manager shall appoint an administrative officer to be an ex officio, nonvoting member of the Commission. Citizen-at-large members shall be qualified electors, residents of the City at least one year immediately prior to the date of their appointment, and shall hold no paid office or position in the City administration. Gne eilil!1111 el Iarse 1111ml,er llhall ha appailllecl te ,.,... IIMil Fehflllll'Y I, 1971; lwa (2) eitiellll el I .... IMmhere te Nl'U llftlil Fell...,. I, 197)1 8114 twe (2) eilil!ea at la,ge 111elllhere te NAI lllllil FehN&l'y l, 1974. 'J:h__..,, ..Citizen- at-large members of said City Planning and Zoning Commission shall be appointed for four (4) year terms. All members of the City Planning and Zoning Commission shall be subject to removal by the appointing authority. The appointing authority shall make appointments to fill vacancies for the unexpired terms. Scctjon 6. The City Council of the City of Englewood, Colorado hereby amends Title 2, Chapter 7, Section i, of the Englewood Municipal Code 2000, which shall read as follows: 2-7: MYPillCIPM. GMPL9¥Ui8 A.D¥18911¥ B9Ml8 2-7-1: Retirement Board. There is hereby established a Retirement Board for~. eligible, non-emeraency, City employees, which Board mall be callqd fhs Nop·fiWPJP¥iX §rrelRYffl Retirement Board <NEERB}. Said Board is to be orpniJ.ed wl to have the powers, duties and functions as set out in Section 3-6-4-11 oftbe Englewood Municipal Code. Section 7. The City Council of the City of Englewood, Colorado hereby uneods Title 2, Chapter 9 , Sections 4 and 7, of the Englewood Municipal Code 2000, which shall read as follows : 2-9: CULTURAL ARTS COMMISSION 2-9-4: Terms of Memben. The term of office of the members first appointed to the Cultural Arts Commission shall be three (3) members for a term of tbree (3) years, two (2) members for a term of two (2) years, and two (2) mcmben for a term of ODC year. Thereafter, all ubseqllCllt appointments sball be for a term of dne (3) yean. ~ """" !!hall NPYI Merl Iha& 1wa (3) HMHllli~ • ..,.. • .. Qillllllll .. _... CeMR11M1e11 . -4- • • 2-9-7: Appointment of Officers and Adoption of Rules. A . The Commission shall organize, adopt administrative rules and procedures and elect from its members such officers as it shall deem necessary to accomplish its purposes . Officers of the Commission shall be elected for -m'.Q year terms. 'Ne effieer shall eerYe iR the sBHle eapaeity fer mere thM twe (2) eeMee11li'le f8ffM: B . The chairperson may appoint such standing or special committees from the membership of the Commission as the Commission shall determine necessary or useful in carrying out its purposes and powers. The purpose, term and members of each committee shall be determined by the cbairpenon. Section 8. The City Council of the City of Englewood, Colorado hereby amends Title S, Chapter 3, Sections I and 2, of the Englewood Municipal Code 2000, which shall read as follows : 5-3: ALCOHOLIC BEVERAGES 5-3-1: Definitions. As used in this Chapter, the following words and phrases shall have the following meanings : 3.2% Beer: Director: Mell lilflle• as he,ein defined eeltleinillg 11et -re 111811 IIIHe ed Me tenths pereent (3.211') ef eleehel l,y -ight er 41J(, ef eleehel 11, ¥eNllle:' See fennented Malt Beverges, her:ejn . The Director of Finance. Fermented Malt Beverages: Any beverages obtained by the fermentation of any infusion or dccoction of barley, malt, hops or any similar product, or any combination thereof, in water, containina not more than three and two-tenths percent (3 .2%) alcohol by wciaJit or 4% or alcobol by ~- Intoxicating Liquor: Liberally construed to include intoxicating liquors of every kind and character which now are in use or which in the future may come into use as a beverage, no matter by what name they may be known or called, and no matter how small the perccntaae of alcohol they may contain and no matter what other ingredients may be used in them. Malt liquors : Includes beer and shall be construed to mean any beverage obtained by the alcoholic fermentation of any infusion or dccoctioo of barley, malt, hops or any other similar products or any combination thereof in water, containing more than three and two-tenths percent (3 .2%) of alcohol by weight or 4% of alcohol by volume. Med icina l Liquors : Any liquor sold by a duly licensed phU1111Cist or drua store solely on bona fide doctor's prescription. -5- t -~ .... .. • • Operator: A person licensed by law to sell malt, vinous or spirituous liquors, other than medicinal liquors, for beverage purposes at retail and who is engaged at any time during the calendar year in such operation within the City. Spirituous Liquors : Any alcoholic beverage obtained by distillation, mixed wilh water and other substances in solution, and includes among other things brandy, rum, whiskey, gin and every liquid or solid, patented or not, containing alcohol and which are fit for use for beverage purposes. And . containing 1/2 of 1 % alcohol, by volume. Any liquid or solid containing beer or wine in combination with any other liquor except as above provided shall not be construed to be malt or vinous liquors, but shall be construed to be spirituous liquor. Vinous Liquors : Includes wine and fortified wines containing 1/2 of 1% alcohol , by volume but not exceeding twenty one percent (21%) of alcohol by volume and shall be construed to mean alcoholic beverages obtained by the fermentation of the natural sugar contents of fruits or other agricultural product containing sugar. 5-3-2: Licenses Required . No person shall manufacture for sale or gift, sell or keep for sale, or permit another to keep for sale or sell, any intoxicating liquor, beer, malt liquor or wine, on any premises owned or controlled by -him the person. without a duly issued license therefor. Section 9. The City Council of the City of Englewood, Colorado hereby amends Title S. Chapter 3A, Sections 4 and 7, of the Englewood Municipal Code 2000, which shall read as follows : ARTICLE 3A. LOCAL LIQUOR LICENSING AUTHORITY. 5-3A-4: Appearance Before tbe Llcemlna Aatllorlty. The City Attorney's office shall be the legal advisor to the Licensing Authority and shall represent provjde rcprcscnwion for the Licensing Authority and the City in all proceedings before the Licensing Authority and in all courts where any decision of the Licensing Authority is appealed. 5-5-3A-7: License Renewal. A . All renewal applications for malt. vinous and spirituous liquor licenses and fermented malt beverage licenses shall be submitted to the City Clerk on the prescribed forms no later than forty-five (45) days prior to the date on which the license expires. The forms shall be accomp.fflicd by all the required fees and such additional materials as the Authority deems neceuary to carry out the provisions of the Colorado Liquor Code, this Article and all applicable rcau)ations. No renewal application shall be accepted by the City Clerk which is not complete in every detail. Any application mailed to or deposited with the City Cleric which. upon examination, is found to have some omission or error shall be returned to the applicant for completion or correction without uy action on the pan of the City Clerk or the Authority . Should uiy renewal application be received in completed form less than forty-five (45) days prior to the date on which the license expires, it shall be deemed a late application. The Authority shall not be -6- t • • • CJ answerable for the failure of a license to issue by the expiration date on any late application . Nothing in this Section shall serve as authority for any sale at retail of alcoholic liquor without a license pursuant to law. B. Upon receiving the completed renewal application, the City Clerk shall assemble the file of the applicant and forward the application and file to the Licensing Authority for its action. C . If there is evidence that the licensee should not have bis/her license renewed for an additional period of one year, the City Clerk shall cause to be issued a notice of intention to revoke and/or suspend the license, which notice be/she shall cause to be served upon the licensee after the filing of application for renewal. D. Renewal Of Expired License: I . A licensee whose license bas expired for not more than ninety (90) days may file a late renewal application upon the payment of a nonrefundable late application fee of five hundred dollars (SS00.00) eaeh le the Slate ee !g the City of Englewood. A licensee who files a late renewal application and pays the requisite fees may continue to operate until both the State and the City of Englewood have taken final action to approve or deny the late renewal application. 2. A late renewal application will not be accepted more than ninety (90) days after the expiration of a licensee's permanent annual license. If more than ninety (90) days have elapsed since the expiration of a permanent annual license, the licensee must apply for a new license pursuant to C.R.S. and shall not sell or possess for sale any alcohol beverage until all required licenses have been obtained. Section JO. Safety Clauses, The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of bealth and safety and for the protection of public convenienc1< and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section I J. SeverabjljJy. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any penon or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judpnent sball not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 12 . Jnconsjstent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with thi s Ordinance or any portion bereof are beRby repealed to the extent of such inconsistency or conflict . Section 13 . Effect of repeal or modifjcatjgp The repeal or modificalion of any provi ion of the Code of the City of Enalewood by Ibis Ordinance sball DOI releue, extinguish, alter, modify, or cbanae in whole or in pan any penalty, forfeiture, or liability, either ci ii or criminal, which shall have been incwred under such provisioa, -7- ,. ' .. ' • • 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. Scctjop 14 . ..fcn!l1x. 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 OD the 16th day of December, 2002. Published as a Bill for an Ordinance OD the 20th day of December, 2002. Read by tide and passed on final reading on the~ day of January, 2003. Published by tide as Ordinance No. __ , Series of 2002/2003, on the 1 O'h day of January, 2003. Beverly J. Bradshaw, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance pusod on final radins and published by tide as Ordinance No. ___, Series of 2002/2003. Loucriabia A. Ellis -8- • • l, ~ ,•;, ! • OU>INANCB NO._, SERIES OF 2002/2003 ••'I ,. I ' • 'J· . .... . , . BY A1ITHORITY COUNCIL BILL NO. 69 INTRODUCED BY COUNCIL MEMBER GARRETT AN 'ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VICTIM -6.SSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18111 JUDICIAL DISTRICT. \\'HEREAS, the City of Englewood Safety Servi<:e Deputment applied for ftmdin& UDder the VALE Grants Program to be used.for funding the Victim/Witness Program in the. Englowood Municipal Court; IDd : .n,., •• • ',· •.. /''WJ:IEREAS, the City of Englewood baa previP,ully applied IDd been gnmted VALE Grants'forthe years 1990 through 2001; aiMf '' I;,'·• , , •l, • '' ' I . ~ I., .. .'•' ! WHEREAS, the staff seeks Council support for an Ordinance accepting a 2003 VALE grant funding in the amounfofS 15,000; . WHEREAS, the Victim/Witness Program in the Eqlewood Municipal Court baa served the victims of domestic violence since 1990; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~. The City Council of the City ofEqlewood, Colorado hereby autboriza the acceptance of the VALE Grant IDd accompanyina ~ qreement, a copy of which is marked u "Exhibit A" and attached hereto. ~-The Mayor and the Director ofFinance/Adminiatrative Services are hereby authonzed to sign said VALE Grant IID~ IICCOJDpall)'UII intergovernmental aa,eement on behalf of the City of Englewood. Introduced, read in full, and pused OD first readina on the 16• day of December, 2002. Published as a Bill for an Ordinance OD the 20-day of December, 2002 . Read by title and pused OD final readin& OD the~ day of January, 2003 . -1- ' l , Publiahed by title as Ordinance No.___, Series of2002/2003 on the to* day of January 2003 . ATI'EST : Beverly J. Bndsbaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellil, City Clerk oftbe City ofEnpewood, Colorado, hereby cstify that the above and foreaoing ii a true copy of the Ordinance paaed on final reading and publiahed by tide u Ordinance No. ___, Series of2002/2003. -2- VICTIM ASSISTANCE AND LAW ENFORCEMENT BOARD CONTRACT Pursuant to the Assistance to Victims of and Witnesses to Crimes and Aid to Law Enforcement Act, Article 4.2 Title 24 C.R.S., the Victim Assistance and Law Enforcement Board of the 18"' Judicial District has made the following award: Grantee: Englewood Department of Safety Services 3615 South Elati Street, Englewood, Colorado 80110 Grant number: 03-38 Project Title: Victim Witness Program Purpose of Grant Funds: Provide support for victims of domestic violence through the court process Services/Equipment Being Funded: Portion of salary and benefits for victim/witness advocate Grant Period: January 1 to December 31, 2003 Amount of Grant Award: $15,000 Quarterly Installments: $3,750 BE IT UNDERSTOOD THAT: ( 1 ) All disbursement of awards are contingent upon the availability of VALE funds. (2) The contents of the grant application will become contractual obligations of the grant recipient and are incorporated into this contract as if fully set forth herein. (3) The grant recipient is required to submit Financial Reports quarterly: April 30, 2003 , July 31, 2003, October 31, 2003 and January 31, 2004 for funding for 2003. The report due on January 31. 2004 shall be the year-end report. The VAL: Board wiU ,provtda Financia+, Reportinv, Farms. Grant recipients are-required to,. use these forms. ...... ... • . t .. .. .. • • Englewood Department of Safety Services 03-38 (4) The grant recipient is required to submit a Program Report on July 31, 2003 and January 31 , 2004, which addresses any special conditions that are listed in this contract. The report due on January 31 , 2004 shall be the year-end report. It shall show totals for the entire year and must address any special conditions that are listed in this contract. The VALE Board will provide Program Reporting Forms. Grant recipients are required to use these forms. Reports shall be sent to: Francie Miran, Grant Evaluator VALE Board District Attorney's Office 7305 South Potomac Street, Suite 300 Centennial, Colorado 80112-4031 (720) 874-8600 (5) Failure to submit these required reports on the dates due may result in termination of the grant award, return of awarded funds or the loss of future funding by VALE. (61 Special conditions for the award which have been stipulated between the VALE Board and the grant recipient are as follows: None (7) Any equipment purchased with VALE funds must remain with the .qrant recipient. Equipment must b& used for the purpose designated in the grant application. Any use by others or transfer of ownership must be reported to the VALE Board, in writing, prior to the occurrence of such use or transfer. The Board may approve such use or transfer or may request return of the equipment. (8) Any change in the use of grant funds shall be approved by the VALE Board. The request for such change shall be in writing. Approval of the VALE Board shall be obtained prior to any such use. (91 Amendment of any other terms of this contract shall have prior approval of the Board. Requests for amendment shall be in writing. · ( 1 0) The grant recipient shall submit written notification by December 1, 2003 to the VALE Board if the grant recipient will have any remaining funds at the end of the grant period ... .. t .. • • - Englewood Department of Safety Services 03-38 All unused funds shall be returned to the VALE Board unless the grant recipient makes a request in writing for use of the funds beyond the grant period and such request has been approved by the VALE Board. Such requests shall include: The amount of remaining funds How the funds will be used When the funds will be expended Why the funds were not expended. Such request must be received on or before December 1, 2003. Upon receipt of the request, the VALE Board shall decfde whether to grant or deny the request without further presentation or hearing. ( 11 I The grant recipient agrees that all funds received under this grant shall be expended solely for the purposes stated above and that any funds not so expended, including funds lost or diverted to other purposes, shall be repaid to the VALE fund. ( 12) The grant recipient agrees to comply with the letter and spirit of the Colorado Anti-discrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (C.R.S. Sec. 24-34-402) and required by Executive Order, Equal Opportunity and Affirmative Action, date April 16, 1975. 113) Non-compliance with any portion of this contract may result in: Withholding of funds The grant recipient returning money to the VALE fund Other action as deemed necessary by the members of the VALE Board Any combination of the above. I 1 41 All grant recipients shall make available to the Board or its authorized deslgnee all current books, records, procedures or other information relative to the grant application and implementation. ( 1 5 I The funds granted by. th~ contract for Victim Services shaU .be diablned in .. quarterly installments pending VALE Board approval of all required reports and verification of expenses. The funds granted by this contract for equipment may be dispersed by a singl& payment for the full amount. pending VALE Board a~ all required reports and verification of expen .... ,. t -~ ... . ' • • Englewood Department of Safety Services 03-38 The grant recipient, through the following signatories, understands and agrees that any VALE monies received as a result of the awarding of the grant application shall be subject to the terms of this contract. Date Project Director . Date Financial Officer Date Authorizing Official Date Carol Worth Chair, VALE Board Authorized Official: The authorized official la the per.on who la, by virtue ol a,ch s--'1 poaition, eu1horlled to ent• into contrac:u for the gram 19Cipient. Thia could include: Mayor or City Manag•, Chairperlon of the County Cc,mr11lalo11en, Dletrlc:t Anuney, President or Chairp••on of the Board of Direc:tol'I, Super .,,0 ndent, or 01her Chi9f Exec:utlve Offlc•. Financial Officer: The person i1 rnpon1ible for Ill financi~ ,tter1 related UJ the proorem end who hu reaponaibility for the accounting, management of fund1, ver,ticatlon of expendhurel. eudlt lnformadon end financial reports. The person who actually preparN the finical reporta may be und• the aupervieion of lhe Financial Officer. The Financial Officer must be a person other th1n the Authorized Offlclal or lhe Project Director. Project Director: The person who ha direct raponlibUity for the implementation of die project. Thie ...,_ should combine knowledge and experience in lhe project ... with lblllty UJ .,_...., the project end supervise p•sannet. · H'e/ane an-r-.,onllOillfy'Wffh me ~Offlce'fclt 'iNing Illar all'upenoltul'a llt9' ·· within the approved budget. Thia psaon wil normally devote I major ponlon of hlelher lime to die p,ojeal and i a responsible for muting all reporting recauir-u. The Project Director muet be 1 ~ other than lhe Authorized Official or the Finencial Officer. .. . ,t .. .. .. ~ , . j • • ORDINANCE NO._ SERIES OF 2002/2003 BY AUTHORITY COUNCIL BILL NO . 70 INTRODUCED BY COUNCIL MEMBER GARRETI AN ORDINANCE AUTHORIZING THE TRANSFER OF PROPERTY KNOWN AS PARCEL 2 LOCATED IMMEDIATELY NORTH OF ENGLEWOOD PARKWAY BETWEEN SOUTH CHEROKEE STREET AND SOUTH ELATI STREET TO ENGLEWOOD ENVIRONMENT AL FOUNDATION TO ENABLE ITS COMPLETION OF THE DEVELOPMENT OF THE FORMER CITY HALL SITE. WHEREAS, the construction of Englewood Parkway from South Cherokee Street to South Elati Street resulted in the creation of a residual parcel immediately north of the Parkway;and WHEREAS, this parcel, containing 30,975 square feet, offers few development possibilities by itself; and WHEREAS, the most appropriate use is parking, either in conjunction with the former City Hall site or as additional parking for the Phannor site; and WHEREAS, the owners of the Pharmor site have indicated that they have no interest in this property; and WHEREAS, the proposed redevelopment of the former City Hall site is continaent upon the inclusion of Parcel 2 for additional parking; and WHEREAS, it is necessary to transfer the property to the Englewood Environmental Foundation so that EEF may complete this development. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL Of THE CITY OF ENGLEWOOD, COLORADO, THAT : Section I . The City Council of the City ofEnglewood, Colorado hereby authorizes the transfer of Parcel 2 located immediately north of Englewood Parkway between South Cherokee Street and South Elati Street to the Englewood Environmental foundation, a copy of the parcel is as shown on attached "Exhibit 1 ", to the Englewood Environmental Foundation for redevelopment of the property Sec tion 2. The Mayor and the City Clerk is hereby authorized to sip said documents for transfer on behalf of the City of Englewood, Colorado. Introduced , read in full , and passed on first reading on the 161h day of December, 2002 . -1- t II f ... .. .. t • • Published as a Bill for an Ordinance on the 20th day of December, 2002 . Read by title and passed on final reading on the 6ot. day of January, 2003 . Published by title as Ordinance No . __ , Series of2002/2003 on the l<fl' day of January 2003 . Beverly J. Bndshaw, Mayor ATIEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, henby certify tlu,t the above and foregoing is a true copy the Ordinanu paued on final readina and pu ished by title as Ordinance No. _, Series of 200212003. Loucrilbia A. Ellia -2 - A PARCEL LOCATED IN THE SOUTHWEST QUARTER (SW Y.) OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST, SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STA TE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS : LEGAL DESCRIPTION BASJS OF BEARJNGS BEARINGS ARE BASED ON TH E LINE OF THE E Vi, SE \4, SW V., SW \4 SEC 34 BEING S 00° 05' 12" W AS DEFINED BY A 2" ALUM. CAP L.S. ILLEGIBLE (NORTH) AND A 1 VJ" CAP L.S. 12083 (SOUTH) AS DEFINED ON THE CITY OF ENGLEWOOD SURVEY OF SAID SECTION 34 ON FILE WITH THE CITY, DATED SEPTEMBER 1980. COMMENCING AT THE N .E. CORNER OF THE SE Y., SW \/4, SW \4 OF SAID SECTION 34; THENCE N 89° 33' 50" E 211 .29 FEET TO lllE TRUE POINT OF BEGINNING, BEING A POINT ON THE NORTH LINE OF ENGLEWOOD PAJU<WA Y; llfENCE ALONG THE NORTH LINEOF SAID ENGLEWOOD PARKWAYN 89° 50' 22" W 460.97 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HA YING A RADIUS OF 47.00', A CENTRAL ANGLE OF 51° 31' 23", A LENGTH OF42.26 FEET AND ACHORD BEARING N 64° 04' 4l"W 40.85 FEET; THENCE N 38° 18' 59" W 20.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 80.00 FEET, A CENTRAL ANGLE OF 6° 52'33", A LENGTH OF 9.60 FEET AND A CHORD BEARl"IG, 34° 52' 42" W 9.59 FEET; THENCEN 70° 18' sr· E 31.SO FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING RADIUS OF 175.00 FEET, A CENTRAL ANGLE OF 2° 42' 13", A LENGTH OF 8.26 FEET AND ACHORD BEARING N 49° 15' 41" E 8.26 FEET TO THE SOUTH LINEOF W. GIRARD AVE.; THENCE S 89° so· 22" E 534.06 FEET ALONG THE SAID SOUTH LINE OF w. GIRARD AVE.; THENCE ALONG THE NORTH LINE Of ENGLEWOOD PARKWAY THE FOLLOWING FOUR COURSES: S 00° 09' 38" W 6.28 FEET : THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 45.00, A CENTRAL ANGLE OF 60° 00' 00", A LENGTH OF 47.12 FEET AND A CHORD BEARINGS 300 09' 38" W 45.00 FEET; THENCE S 60° 09 ' 38" W 13 .52 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS Of 40.00 FEET, A CENTRAL ANGLE Of 30° 00' 00'", A LENGTH OF 20.94 FEET ANO A CHORD BEARINGS 75° 09' 38" W 20.71 FEET TO THE TRUE POINT OF BEGINNING . PARCEL CONTAINS 30,975 SQ . FT . MORE OR LESS. 0) <( 0 z z 0 i= Cl. w u w er N ... 0 .... a, ~ ~ m I-w w Q: I- Vl .:= """':" ~~I w . a: • jE ti I B~I Vl I ! I I ·-1' r-". 1.-.1 I I I I . I I LOT 1 BLOCK 1 GIRARD PLACE SUBDIIIISION RECEPTION NO. 8011594 SHEET 1 or 2 SHEETS PHAR MOR PARKING LOT McKINLEY'S SUBDIVISIO I Ill 2N Fl ING acJ o, • ~~ ~~ ~" ID 1111 .., - ~ ... w ~ D6Sl5 Qf Ell ct: ~ -----SW 1/4 1W 1/4 ! •y A 2" Al.1111. C j! CA# LS. 1:IOl.1 ( ~-" • ~ QTY, DA ICD ltl'I ~ • ., • ., • ,au • rau 0llDINANC£ NO. __ SERIES OF 2002/2003 BY AUTHORITY COUNCIL BILL NO. 71 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE DEDICATING THE ENGLEWOOD PARKWAY FROM S. ELA TI ST. TO CHEROKEE ST . AND A TRIANGULAR PIECE OF PROPERTY AT THE NORTHEAST CORNER OF S. ELA TI ST. AT WEST HAMPDEN PLACE AS PUBLIC RIGHT-OF-WAY . WHEREAS, the CityCenter Master Plan, prepared in early 1999, included extending the Englewood Parkway between S. Elati St. and Cherokee St. and constructing a roundabout at the Cherokee/Parkway intersection; and WHEREAS, the alignment established in the Master Plan conformed with City Council's direction to align the Parkway from the Broadway intenection to the Civic Center; and WHEREAS , this alignment required the purchase of four parcels of privately held property and the use of a ponion of the parking lot that served the old City Hall property at 3400 S. Elati St; and WHEREAS, construction of the roadway ponion of the Parkway was completed in November, 2000, and landscaping, lighting, and milcellancous construction were completed in 2001/2002; and WHEREAS, this Ordinance will officially dedicate u right-of-way that portion of the City owned property described on the attached "Exhibit I". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : ~-City Council of the City of Englewood, Colorado, hereby dedicates City- owned property for the right-of-way for Englewood Parkway u shown on attached "Exhibit I". Section 2. City Council of the City of Englewood, Colorado, hereby dedicates the trian gular portion of the curb and sidewalk at the Southwest comer of the property at 3400 South Elati not now located in the existing right-of-way as public right-of-way u shown on attached "Exhibit I". Sec tion 3. The Mayor and City Clerlt are authorized to sign and attest the documents necessary fo r these dedications of public right-of-way . Introduced , read in full, and passed on tint rcadin& on the 16• clay of December, 2002 . Publi shed as a Bill for an Ordinance on the 20111 clay of December, 2002 . t • • Read by tide and passed on final reading on the 6* day of January, 2003. Published by tide as Ordinance No._, Series of 200212003, on the lo* day of January, 2003. AlTEST: Beverly J. Bradshaw, Mayor Lou<:risbia A. Ellia, City Clcrlt l, Loucrishia A. Ellia, City Clerk oftbe City ofl!qlewood, Colorado, benby c:enify that the above 111d foreaoina ii a uue copy of the Onliaaace puaed OD 6aal readiq and publiabed by tide u Ordinance No._, Seriea of2002/2003. Loucrillhia A. Ellia {ENGLEWOOD P AKKWA Y) RIGHT OF WAY A PARCEL LOCATED IN THE SOUTHWEST QUARTER {SW '!.) OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST, SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS BEARINGS AR£ BASED ON TH E LINE OF THE E Y,, SE '!., SW'!., SW 'I. SEC 34 BE INGS 00° 05' 12" WAS DEFINED BY A 2" ALUM . CAP LS. ILLEGIBLE {NORTH) AND A l Y," CAP L.S . 12083 (SOUTH) AS DEFINED ON THE CITY OF ENGLEWOOD SURVEY OF SAID SECTION 34 ON FILE WITH THE CITY, DATED SEPTEMBER 1980. COMMENCING AT THE NE CORNER OF THE SE Y., SW '!., SW 'I. OF SAID SECTION 34; THENCE N 89° 20' 05" W 249.70 FEET TO THE TRUE POINT OF BEGINNING, BEING ON THE NORTH LINEOF ENGLEWOOD PARKWAY; THENCE ALONG THE NORTH LINE OF ENGLEWOOD PARKWAY THE FOLLOWING FIVE COURSES: S 89° 50' 22" E 460.97 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 30° 00' 00", A LENGTH OF 20.94 FEET AND A CHORD BEARING N 75° 09' 38" E 20.71 FEET; THENCE N 60° 09' 38" E 13.52 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 45.00 FEET, A CENTRAL ANGLE OF 60° 00' 00", A LENGTH OF 47.12 FEET AND A CHORD BEARING N 30° 09' 38" E 45.00 FEET; THENCE N 00° 09' 38" E 6.28 FEET TO A POINT ON THE NORTH LINE OF McKINLEY'S SUBDIVISION 2"° FILING (REC.# 0427081); THENCE ALONG THE SAID NORTH LINE s 89° so· 22" E 45.00 FEET TO TH N.E. CORNER OF LOT I, BLOCK I OF SAID SUBDIVISION; THENCE S 00° 02' 38" W 93.48 FEET ALONG THE EAST LINE TO THE S.E. CORNER OF LOT l, BLOCK I OF SAID SUBDIVISION; THENCE ALONG THE WEST LINE OF PARCEL (REC.# 2477036), ALSO BEING THE WEST LINE OF SOUTH CHEROKEE STREET, ALONG THE ARC OF A NON· TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 331.50 FEET, A CENTRAL ANGLE OF 12° 41' 03", A LENGTH OF 73 .39 FEET AND A CHORD BEARINGS 22° 27' 15" W 73.24 FEET10 A POINT OF COMPOUND CURVATURE: THENCE ALONG THE ARC OF A COMPOUND CURVE HAVING A RADIUS OF 613.00 FEET, A CENTRAL ANGLE OF 14° 57' 40", A LENGTH OF 1'60.07 FEET ANDA CHORD BEARINGS 08° 37' 54" W 159.61 FEET TO A POINTON THE NO RTH LINE OF W. HAMPDEN PLACE(REC. # 1061196); THENCE ALONG THE SAID NORTH LINES 45° 00' 00" W 6.56 FEET; THENCE N 04° 14' 13" E 102.11 FEET; THENCE N 07° 54' 10" E 35 .00 FEET ; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 64.50 FEET, A CENTRAL ANGLE OF 42° 17' 47", A LENGTH OF 47.61 FEET AND ACHORD BEARING N 19°46' 26" W 46.54 FEET TOA POINT OF COMPOUND CURVE ; THENCE ALONG TH~ ARC OF A COMPOUND CU RVE HAVING A RADIUSOF47.00 FEET, A CENTRAL ANGLE OF48° 55' 04", A LENGTH OF40.13 FEET AND ACHORD BEARING N 65° 22' 52" W 38.92 FEET TO A POINTON THE SOUTH LINE OF ENGLEWOOD PARKWAY; THENCE N 89° 50' 22" W 488.03 FEET ALONG SAID SOUTH LINE ; THENCE S 65° 17' 02" W 44.88 FEET TO A POINT ON THE EAST LINE OF SOUTH EL.\ Tl STREET; THENCE N 00° 04' 31" E 151.21 FEET ALONG SAID EAST LINE TO A POINTON THE NORTH LINEOF ENGLEWOOD PARKWAY ; TM ENCE ALONG THE NORTH LINE OF ENGLEWOOD PARKWAY THE FOLLOWING THREE COURSES: ALONG THE ARC OF A NON·TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET. A CENTRAL ANGLE OF 23° 21' 45", A LEN GTH OF 32.62 FEET AND A CHORD BEARINGS 26° 38' 06" E 32.39 FEET ; THENCE S 38° 18' 59 " E 20.00 FEET ; THENCE ALONG THE ARC OF A CU RVE TO THE LEFT HAVING A RADIUS OF-17.00 FEET; A CENTRAL ANGLE OF 51° 31 ' 23", A LENGTll OF 42.26 FEET AND A CHORD BEARINGS 64° 04 ' 41" E 40.85 FEET TO THE TRUE POINT OF BEGINNING. CO NTAl'slNO 1.16 ACRE MOR£ OR LESS ,. ' ·' .. • • (SOUTH ELATI STRHT@ WIST IIAMPD£N PLACE) RIGlffOPW4Y A PARCEL OF LAND LOCATED IN THE SW 1/4 OF THE SW 1/4 OF SECTION 34, TOWNSHIP 4 SOlTill, RANGE 68 WEST OF THE 6™ PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS : BENINNING AT TIIE S0Ull{WEST CORNER OF TIIA T PROPERTY DESCRIBED IN BOOK 1772 AT PAGE S86, ARAPAHOE COUNTY RECORDS, SAID CORNER ALSO BEING THE NORTIIEAST RIGHT- OF-W A Y CORNER AT THE INTERSECTION OF S0U11{ ELA Tl ST. AT WEST HAMPDEN PLACE; TIIENCE NORTHERLY, ALONG THE EASTERLY RIGHT-OF-WAY OF S0U11{ ELA Tl ST, A DISTANCE OF 14 .14 FEET ; TIIENCE S0U11{EASTERL YA DISTANCE OF 19.99 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF WEST HAMPDEN PLACE; TIIENCE WESTERLY, ALONG SAID NORTHERLY RIGIIT OF WAY OF WEST HAMPDEN PLACE, A DISTANCE OF 14 .14 FEET TO THE POINT OF BEGINNING . CONTAINING 100 SQUARE FEET MORE OR LESS ci z c.., 0) s~ C: IX) 0) a::: <( w I-0 zz wz Uo >-i== I-f!j uu w o er 0 0 s: w .....J t, z w ... 0 .J O> ,- 0 .J O> 8 _, m ENGLEWOOD CITY HALL (DEMOLISHED) _ .._ _,_ w,;_H~~~o~ !~~c~ _, __ _j (50' R.O.W.) -1111 P-OH ll[C(PTl()ljl A70:11417 PHAR M~ PARKING LOT - .. !II . . . R & R SURVEYING 2831 S. REED ST . DEN\IE~. COLORADO 80227 (720) 939-596t> .. ~ -..... j -..... -..... ' CILU'IIIC ~ -wl.J--.T , .,.. ...... 86$1$ A£ Pt6BING$ .. ___ Clll'IIC(L .. .. 1/4 .. 1/4 •c M •INC I 00 eT A r .... C#t L .. 1.ll'QIIU (J C# LI. laN,I (-11,) AS GUIIILU '-IIIM• V, MIO llCIQ 1:11,, 11410 .,._. INQ. l[GfND .. ., 11/r AWll c» • ., 111,· _., • , _ _,,, .. , • ·-11/r'AU.IOC. • -II/<'-... -w----u , -c--•u:c• -o--·-, -s-I II ·---T-----• ·--... ------- • • ORDINANCE NO._ SERIES OF 2002/2003 BY AUTHORITY COUNCIL BILL NO. 73 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE AMENDING TITLE 3, CHAPTER 4, SECTIONS 2, 7, AND 17, OF THE ENGLEWOOD MUNICIPAL CODE 2000, TO MAKE CHANGES TO ENGLEWOOD NONEMERGENCY RETIREMENT PLAN DOCUMENT (THE PLAN) AS REQUIRED BY 1llE INTERNAL REVENUE SERVICE. WHEREAS, City Council previously amended Title 3, Chapter 6, of the Englewood Municipal Code 2000; and WHEREAS, because of new requirements by the lntcmal Revenue Service, more changes arc required to conform to the federal requirements. NOW, THEREFORE, BE IT C'IDAINED BY 1llE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADv , AS FOLLOWS: Section l. Title 3, Chapter 4, Sec tion 2, Subsection 2 .C.3 .b. of the Englewood Municipal Code 2000, is hereby changed by addin& the following at the cad of the Subsection: In the case of distribution with IPPYity png datg qp Pf af)sr Decembg 31. 2002. the monality table uec1 'R e4iust fPY l!wQt or limi1atipp 1P!s Cods Section 41SQ>X2}'B} {C}, or 'P} u set forth in Sectiop 3±16-3 or The Plan is the table prescribed by Rev, Rul. 2001-62 Section 2. Title 3, Chapter 4, Section 2, Subsection 2.1, of the Englewood Municipal Code 2000, is hereby amended by adding the followina aentencc at the end of the Subsection: For purposes of calculating Compensation on or after January 1. 2002, the limitation under Code Section 40l<a}(l7} is increased to $200.00Q. u adjusted , Section 3. Title 3, Chapter 4 , Section 16, Subsection 3.A .6, of the Englewood Municipal Code 2000, is changed to read u followa : The limitations of thia Section apply to a atraipt life annuity with no ancillary benefits and to an annuity that constitutes a qualified joint and survivor annuity, provided payment bqiu between aaea sixty-two (62) and sixty-five (6S). If ,., ....... _ ................. .,. •• E6a), .. fe1111ei111 lillli ... ie111 ..ii N ranu• N tllll .., .. I ,._.u, IMtwwll• 1e 11111h I l,11111il .............. ...,. ..... E6a), H,u ... , .......... r 1hi1 ,.....,.. ahell 1111 ,1a11 .. limillliH lllM II.-, hi •• I a• dell-ES71 1G90 .9G), if,.,..., 11•••111 .t\er • IA, lli.1 (H)i • llelew -1- . .. .. ... • ' • • the Aetuarial e1111iYale11t ef seve11ty fi·,e lhe111&111I delllll'!I (S7S,008 .00) eelftffle11eing at age fit\) the (SS), er helew Ille Aetlterial 8ftlti•1alent ef sen11ty five lhe111B11d dellera (S7S,008.88) eeRH11e11eillg at age fifty fin if paymeat eelftffle11ees ). For benefits paid after December 31. 2001. if the annual benefit of the Participant commences before the Participant's age 62, the foregoing limitation shall bl reduced for each month by which benefits commence before the month in which the Participant attains age 62, The annual benefit limitation beginning prior to age 62 shall be determmed as th.~ lesser of the equivalent annual benefit computed using the Plan's interest rate and mortality table <or other tabular factm;} equivalence for early retirement benefits, and the equivalent annual benefit computed using a five percent interest rate and the applicable mortality table as prescribed by Rev Ru!. 2001. 62, Any decrease in the adjusted defined benefit dollar limitation determined in accordance with this provision shall not reflect any mortality decrement to the extent that benefits will not be forfeited upon the death of the Participant, If payment commences after age sixty-five (6S), the limitation shall be the Actuarial Equivalent of a ninety thousand dollar ($90,000.00) annual benefit commencing at age sixty-five (6S). The interest rate assumption for purposes of determining Actuarial Equivalcncy under this paragraph shall be the interest rate otherwise used for purposes of computing optional forms of income payable under the Plan. but the rate shall not be less than five pcn:cnt (5%) annually if benefits commence before age sixty-five (6S) and shall not exceed five percent (5%) annually if benefits commence after age sixty-five (6S) Section 4. Title 3, Chapter 4, Section 17, Subsection 3-8.1, Enalcwood Municipal Code 2002, is hereby amended by adding the following at the end of Eligible Rollover Distribution: for distributiom on or after January I, 2002, a portion of the distnbution shall not fail to be an elimble rolloycr distribution merely bcraJPK the portion consists of aftcr-111 employee cggtributiom which an: not includlblc ip gross income, However, such portion may be paid only to an individual fflirmnent account or annuity described in Sectioo 4Q8la} or 00 of the Code, or to a gualjfied defined contribution plan desc;tjbed in Sectioo 4QUa} or 4Q3la} of the Code lbal agrees to separately account for amounts so transferred including separately accounting for the portioo of such distribution which ii includjble in gross income and the ponioo of such distribution which ii not so jncludible, Section 5. Title 3, Chapter 4, Section 17, Sublectioa 3-8.2, Enalcwood Municipal Code 2002, is bcrcby amended by addina the followina a& tbe encl ofSublcction 3 .8 .2 . Eligible Retirement Plan : Effective January 1, 2002. e sMelk 'IWPP9l1 pip *'' 1119 mr an annuity c:ootract described ip Codp §e5Se 19») pl e slisNe RN JP1s Code Scctioo 45700 which is rneimrina! by e '* ppliSiif1 erbttixirim 0{ a -2- • t .. ·:.O. .. .. • • • state. or agency or mstrumentality of a state or political subdjyjsion of a state an<i which agrees to separately account for amounts transferred into such plan from thls Plan. The definition of eligible retirement plan shall also apply in the case of a distribution to a surviving spouse. or to a spouse or former spouse who is the alternate payee under a qualified domestic relation order. as defined in Code Section 4J4(p}. Section 6. Title 3. Chapter 4, Section 7, Subsection 8.M.6, of the Englewood Municipal Code 2002, is hereby amended to read as follows: 3-4-7: Retirement Benefits 8: Deferred Retirement Option Plan (DROP). M . Form of Payment. 6 . Combination of Lump Sum and Periodic Paymenu. An initial lump sum payment of an amount designated by the retiree, followed by a designation of a number of subsequent monthly payments or an amount payable on a monthly basis. Rege,tlless ef Ille farm ef payment the retiree ellHIN, Ille ~ IHIMl'ihlllie11 -811111 wiH he ----_. 1111111 ill 11eeeM1111ee willl Cede 8eeti811 491 (a) ~. acl Illa Nalll1Be111 llle,elllltle,, illelllllilla IIIHHIINm llilll'ill1Hie11 iMi•e•••I cl1alll heefil ....,..e111 ef prepeaecl latelml Rt,,. -Cecle Repleti811 8eetie11 l.491(e)E9)ia, (INl,lillh1cl ill Illa F..._. R1gi11er ea .Nly ia7, 1987). 'Ale m · · ... llilwillaea i1 teeal8'tlltlecl 111111.U, 811 Ille INllil ef Ille lif'e -,11-.y ef Ille retiree 111cl Ille retiree'• cle1ipnt1cl h•1fi1ia,y, ifwli1ale. If eleeted ill 'lfflftlll hefe,e the ,.......t wr . I .... mclw C1cl1 8eetie11 491 Ee)E9), i,, Illa l'etiNe, wller Ille retiree'• ap 11111, if applieahle, Ille life e1tpeet1111ey ef Illa retiree 111ater Illa re1t,ee'1 spe111e allall he reealNlatecl llllNIII&,. Distributions shall be made in accordaoce with the requirements of regulations under Code Section 4QJ<•X2}, including minimum incidental death benefit requirements of those regulations. Section 7. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and 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 8. Severabjljty. If any clause, sentence, paragraph, or pan of this Ordinance or the application thereof to any person or circwmtances shall for any -3- t • . , . .. • • 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 9. Inconsistent Qrdio•ocea, All other Ordinances or J>(1!tions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed lo the extent of such inconsistency or conflict. Section J 0. Effect of repeal or modjficatiop. 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 incumd under such provision, and each provision shall be treated and held u still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedinp, and prosecutions for the enforcement of the penalty, forfeiture, or liability, u well u for the purpose of susiaining any judgment, decree, or order which can or may be rendered, entered,· or made in such actions, suits, proceedings, or prosecutions. Section 11. .lmaltx. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. 2002. Introduced, read in full and puscd on fil'lt reading on the 16'~ day of December, Published as a Bill for an Ordinance on the 20'~ day of December, 2002. Read by tide and pused on final reading on lbe ~ day of January, 2003. Publiabed by tide as Ordinance No. __, Series of 2002/2003 on the 1 ~ day of January, 2003. Beverly J. Bradshaw, Mayor ATTEST: Loucrishia A . Ellis, City Clerk 1, Loucrishia A . Ellis, City Clerk of the City of EnaJewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordmance pused on final reading and published by tide as Ordinance No. ___, Series of 2002/2003. Loucriabia A. Ellis -4- • • • ORDINANCE NO. _ SERIES OF 2002/2003 BY AUTHORITY COUNCIL BILL NO . 74 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE ADOPTING AMENDMENTS TO THE CITY OF ENGLEWOOD FIREFIGHTERS PENSION PLAN DOCUMENT (THE PLAN). WHEREAS, the City of Englewood (the "Employer'') established the City of Englewood Firefighiers Pension Plan (the "Plan") effective as amended and restated January I, 1999; and WHEREAS, pursuant to Article xm of the Plan, the Employer has the authority to amend the Plan, subject to the consent of al least sixty-five percent (65~) of the active Participants al the time of the amendment; and WHEREAS, all of the active Participants at the time of the amendment voted in favor ; and WHEREAS, the City of Englewood deems it advisable to amend the Plan to comply with the tax law changes from the Economic Growth and Tax Relief Reconcilialion Act of 200 I (EGTRRA). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF TifE CITY OP ENGLEWOOD, COLORADO, AS FOU.OWS: Scctjop I . City Council hereby adopts the amendments to the City of Englewood Firefighters Pension Plan effective January I, 2002, to read as follows : e . Compcpsatjon : All base pay (as defined in the City of Englewood's Personnel Policy and Procedures) received by the Participant for bis Covered Employment, including longevity pay, holiday pay, sick pay, and vacation pay taken in the normal course of employment, and shift differential, but ' Compensation shall exclude compensation for overtime (or compensation in lieu of overtime required under th e Fair Labor Standards Act), clodlina allowance , lump-sum amounts pa id in lieu of accumulated vacation, holidays, and sick lea ve, and compensation imput ed as a result of the Participant's use of t he Employer's automobile . A Participant 's Compensation aball include any amo unt s deferred as to such Participant under Code Section 12S, Ce•• £111iea 1321Q(4), 45 7 or ••ar Cede S111iea or 414(b), except to the extent such amounts would be excluded under the immediately precedina IClllence. Compensation tak en into account under the Plan aball DOI exceed S200,000, adjusted for chanaes in the cost of livina a~ provided in Code Section 41S(d), fo r the purpose of calculating a Panicipant Accrued Pemion (including Ille ri ght to any optiona l benefit provided under •be Plan) for any Plan Year commen ci na after December 31, 1983 . In addition to other applicable limitatioos sct for1b in lbe Plan, and notw 1th landi ng any other prov ision of the Plan to the contrary, for Plan elll'S beginning on or after Jan uary I, 1996, the annual compcnsalion of each -1- 10bvt t • .. •' • • 0 "noneligible Participant" taken into account under the Plan shall not exceed the OBRA '93 annual compensation limit. The OBRA '93 annual compensation limit is $150,000, as adjusted by the Commissioner for increases in the cost of living in accordance with Code Section 40l(a)(l 7)(B). flK..l>.llD Years beginning on or after January 1, 2002. the annual compensation of each "Noneligible Participant" taken into account under the Plan shall not exceed s200.ooo, as indexed for cost-of-living increases in accordance with Code Section 40l(a)(17)(Bl. The cost-of-living adjustment in effect for a calendar year applies to any period, not exceeding 12 months, over which compcnaation is determined (determination period) beginning in such calendar year. If a determination period consists of fewer than 12 months, the OBRA '93 annual compensation limit will be multiplied by a fraction, the numerator of which is the number of months in the determination period, and the denominator of which is 12. A "Noneligible Participant" is any Participant who fint became a Participant in the Plan during a Plan Year beginning on or after January 1, 1996. Effective January I, 1989, through December 31, 1996, in determining the Compcnaalion of a Participant for purposes of this limitation, the rules of Code Section 414(q)(6) 1ball apply, except in applying such rules, the term "family" aball include only lbc apoue of the Pmticipant and any lineal descendants of the Participant who have not anained age 19 before lbc clolc of lbc year, effective January I, 1989 through December 31, 1996, if, u a result of the applicalion of IUCb rules the adjusted annual Compensation limitation is cxcealed tbcn lbc limilalioll aball be pnnred among lbc affected individuals in proponion IO each auch individua1'1 Compma!ion • ddermined under this Section prior to the application of this limitation. 2. Article XI. Special Goyernmcntal BcQHimrncDU, Section l.a.(l) shall be amended in its entirety to read u follows: Sectiop 1. Maximum Annual Qepefit UQdc;r Code Scgiog 415; Notwithstanding any other provision containccl herein to the contrary, the benefits payable to a Participant from this Plan aball be subject to the limitations of Code Section 41 S in accordanc:e with L and b. below: a . Defined Benefit Plan(s) Only: Any annual Pension payable to a Participant hereunder (including any annual Pension paiJ to such Participant from another defined benefit plan of the Employer) shall not exceed the" lesser of: (I) -Ntnety One Hupdml Sixty Thousand Dollan ES99,QQQ) {Sl60.000l or, if greater, the amount of sttaipt life, or qualified joint and survivor annuity accrued by the Panicipant u of tbc 1ut day of tbc Limitation Y car beginning in t 982, with the~ 9eF Hypdgd s;ey Thousand Dollan (~) $160,000) amount adjusted for inc:reua in die coat of livina, u prescribed by the Secretary of the Treasury or bis delcple, effective January I of each calendu year and applicable to the Limitation Year eodina with or within such calendar year, or -2- •• t ... .. • • 3. ARTICLE XV. DIRECT ROLLOVERS, Section 2.b., Elj&ible Retirement flln. shall be rev'ised in its en~ety to read as follows: b . EH&ible Retirement Plan: An Eligible Retirement Plan is an individual retirement account described in Code Section 408(a), an individual retirement annuity described in Code Section 40B(b), and annuity plan described in Code Section 403(a), er-a qualified trust described in Code Section 40l(a) lhet aeeepte an annuity contract dgcrihed jn Code Section 403lb), or an eligible plan under Code Section 457lb} which i• rn,jntained by I state. political 1ubdiyjsjon of I ltate. or any agency or m•mtatity of a state or political subdiYil.ion of a state and which amp to aepupgety account for amounts transfern;d into such plan from this Plan. For the purposes of Direct Rollovers, Eligible Retirement Plans include only those that wjlJ accept the Distributee's Eligible Rollover Distribution. Hew..,e,, i11 the we af • ~litillle Rilller:• 9iMllldiea te the llllf'li:r.1iag a,11111, 111 elisillle A:._., Pia ia a illlliviMI ...,.. ... aeelNIII er illdi'liMI retirement -11ity. Section 2. The Mayor and City Clerk are authorized to sign and attest the Amendments to the City of Englewood Fircfighten Pension Plan Document. Introduced, read in full and passed on first rcadina on the 16th day of December, 2002. Published as a Bill for an Ordinance on the 20 .. day of December, 2002. Read by title and passed on final reading on the fl' day of January, 2003. Published by title as Ordinance No._, Series oflOOl/2003, on the 10'~ day of January, 2003. Beverly J. Bradlhaw, Mayor ATTEST: Loucrisbia A. Ellis, City Clerk I, Loucrishia A. Ellis. City Clerk of the City of Enalcwood. Colondo, hereby certify dial die above and foregoing is a lr\le copy of the Ordinance paaed 1111 final readilla ad publilbed by lidc u Ordinance No .--· Series of 2002/2003 . Loucrilbia A. EUiJ -3- I. OUDfANalNO. __ SERIES OF 2002/2003 BY AUTHORITY COUNCIL Bll.L NO. 1S INTRODUCEDBYCOUNCll.. MEMBER GARRE'IT AN ORDINANCE ADOPTING AMENDMENTS TO TIIE CITY OF ENGLEWOOD POLICE OFFICERS PENSION PLAN DOCUMENT (TIIE PLAN). WHEREAS, City Council previously adopted ID amended City off.nglewood Police Officers Pension Plan by Ordimnce 47, Series or 1999; and WHEREAS, certain other amendments IR neccauy to meet requirements by the Internal Revenue Service. WHEREAS, the City ofEnaJewood (the "Employer) ealablisbed the City ofEnaJewood Police Pension Plan ("Pension Planj, effective u amended and nmted JIDUal')' l, 1999; and WHEREAS, pur1111111t to Article XID or tbe Plan, the Employer bu the au1bority to amend the Plan, IUbjec:t to tbe comeat of ll leut sixty-five pcrcmt (65%) of the active Plnicipants at tbe lime of tbe lfflCMDICIII; wl WHEREAS, all oftbe Ktive Participants have CC11&1aad 11D tbe PD ........... ; 111d WHEREAS , the City of Eqlcwood cleema it ldviAble to IIDlllld the Plan to comply wilb the tu law chanaa &om the Economic Growth and Tu ReliefRecmlcilillion Act of200l (EGTRRA). NOW, TIIEREFORE, BE IT ORDAINED BY TIIE CITY COUNCIL OF 1HE CITY OF ENGLEWOOD, COLORADO, AS FOLLO~'S : Sectioo I . City Council hereby ldopu the amendmml1 to die City or Eqlcwood Police Officers Pension Plan effective January I, 2002, to read • followa: THIRD AMENDMENT TOTIIE CITY OF ENGLEWOOD POLICE PENSION PLAN As Amendod and hllaed, Effective J-.y I, 1999 The Plan i hereby amended, eff'ective Jwmy l , 2002 • followa: ARTICLE I. PURPOSE AND DEFINlT10NS. Sec:lioa 2.e. ~P•••?lilii1PP mll be amacled iD its entirety 10 read as follows : • • --- 2 . e. Compensation: All base pay (as defined in the City of Englewood's Personnel Policy and Procedures) received by the Participant for his Covered Employment, including longevity pay, holiday pay, sick pay, and vacation pay taken in the nonnal course of employment, and shift differential, but Compensation shall exclude compensation for overtime (or compensation in lieu of overtime required under the Fair Labor Standards Act), clothing allowance, lump-swn amounts paid in lieu of accumulated vacation, holidays, and sick leave, and compensation imputed as a result of the Participant's use of the Employer's automobile. A Participant's Compensation shall include any amounts deferred as to such Participant under Code Section 125, Galle Sealia11 ) 32(f)(4} 457 or IIIMler Galle Seelia11414(b), except to the extent such amounts would be excluded under the immediately preceding sentence. Compensation taken into account under the Plan sball not exceed $200,000, adjusted for changes in the cost ofliving as provided in Code Section 41S(d), for the purpose of calculating a Participant's Accrued Pension (including the right to any optional benefit provided under the Plan) for any Plan Year commencing after December 31, 1983. Un addition to other applicable limitationa set forth in the Plan, and notwithstanding any other provision of the Plan to the contrary, for Plan Y cars beginning on or after Januuy I, 1996, the annual compensation of each "Noneligible Participant" takm into account under the Plan shall not exceed the OBRA '93 annual compensation limit The OBRA '93 annual compensation limit is $150,000, as adjusted by the Commissioner for increases in the cost of living in accordance with Code Section 401(a)(17)(B). For Plap YFIA J?ESjppjpg op gnftq Jamwy l 2002 the anpyal C9JPJ50Wi9P of EIEh "NonelilWlc Partisipapt" lekm into aq;gypt IIDska: the Pim MIii not excs;est S200 000, M iwkxM for cgst-g(-Uvins men in erem1eom with Cods Secpog 4QHaXJZXBl The cost-of-living adjustment in effect for a calendar year applies to any period, not exceeding I 2 months, over which compensation is determined (determination period) bepnnina in such calendar year. If a determination period consists of fewer than 12 moatba, the OBRA '93 annual compensation limit will be multiplied by a fraction, the numerator of which is the number of months in the determination period, and the denominator of which is 12. A "Nonclipble Participant" is any Participant who first became a Participant in the Plan during a Plan Year beginning on or after January 1, 1996. Effective January I, 1989 through December 31, 1996, in determining the Compensation of a Participant for purposes of this limitation, the rules of Code Section 414(q)(6) shall apply, except in applying such rules, the term "family" shall include only the spouse of the Participant and any lineal descendants of the Participant who have not attained age 19 before the cloae of the year, effective January I, 189 through December 31, 1996, if, u a result of the application ofsuch rules the adjusted annual Compensation limitation is exceeded then the limitation shall be prorated among the affected individuals in proportion to each such individual's Compensation u determined under this Section prior to the application of this limitation. ARTICLE XI . Special Govcmmcntal Rcquin;ments. Section 1.a.(1) shall be amended in its entirety to read as follows: Sec1jon I. Maxjmum Annual Benefit Under Code Sectiqq 415: Notwithmndina any other provision contained herein to the contrary. the benefits payable to a Participaal from this Plan hall be ubjcct to the limitations of Code Section 415 in accordance with Land b. below: t • • a. Definr4 Benefit Plap{I} Only: Any annual Pension payable to a Participurt hereunder (including any annual Pension paid to such Participant from anodier defined benefit plan of the Employer) shall not exceed the lcsaer of: (1) ~ Thousand (190,~ Dollars ($160,000) mnount adjusted for increases in the cost of living, as prescribed by the Secretary of the Treasury or hit delegate, effective January 1 of each calendar year and applicable to the Limitation Y car ending with or within such calendar year, or 3. ARTICLE xv. DIRECT ROLLOVERS, Section 2.b., Elim)Je Rem:s;mmt Plan, aball be revised in its entirety to read as follows: b. Elim)le 8etiJ:ernmt Plan: An Eligible Retirement Plan is an individual retirement account deacn"bed in Code Section 408(a), an individual retirement annuity described in Code Section 408(b), an annuity plan clclcribed in Code Section 403(a), e, a qualified trust described in Code Section 40l(a), 1h11 .. ,.,.. M pppjty emm dnesrlwl jn C9ds Sectjgp 4Q3tb} II IP sliBiJJ!c pip Jnlec f9ds Semm :f57lb) whjcb if mpiptpjpgt by I Sil& mJitise1 PIMiviP pf a ... 9( IRY IS!PFY sr kWomms,Jity pf ... " pplitiql mbdiyj•iPP pf a PWF P4 whjch MR/A re PRPIGbc IFFPWM k ampypg mefsaml iPre w p1ap frpm thy PIM, fw the PYDl9SI o{Djgct Bellem WisiJtlc BFRDIPPll Pip glpdc gp1y thpg that will lESCPl the Distnbutee'1 Eliaible Rollover DilcnDUtion. llawevlfi ia the_. d• &lilil9l1 Rella•.• 9ia1Mllliea ta the ......,. iaa 1p111111, • iliplll, Rllia I n• Pia ii • illdi•1tlhlel ...,. ..... aeeellal er i1lldi oiMI Heil •• lll1Nia,, Sec;tiop 2. 1be Mayor and City Clcrlt are autborir.ed to lip and aueet the Amendments to the city of Englewood Police Officers Pension Plan Document. Introduced, read in full and passed OD fint readina OD the l~ day of December, 2002. Published as a Bill.for an Ordinance on the 2rl' day of December, 2002. Read by title and paued on final readiq on the 6• day of Janllal)', 2003. Published by title u Ordinance No. ____J Series of2002/2003 on the lrl' day of January, 2003 . Beverly J. Bndlhaw, Mayor ATIEST: Loucrisbia A. Ellis, City Clerk I, Loucrishia A . Ellis, City Clerk of the City of Ena(ewood, Colorado, hereby certify that the above and foregoing is a true copy the Ordinance passed on final reading and published by title u Ordinance No.__, Series of 200212003, on the 10th day ofJanuary, 2003. Loucrishia A Ellis ORDINANCE NO . __ _ SERIES OF 2002/2003 BY AUTHORITY COUNCIL BILL NO . 76 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE APPROVING A RIGHT -OF-WAY USE AGREEMENT TO ALLOW RICOCHET NETWORKS, INC. TO DEPLOY TIIE ABANDONED METRICOM EQUIPMENT TO PROVIDE WIRELESS DIGIT AL DATA SERVICES . WHEREAS, Mctricom placed several antemw throughout Englewood thai filed for bankruptcy in 2001; and WHEREAS, Aerie Networks, Inc., doing buainea u Ricochet Networb, Inc. (RNI), purchased the intellectual property ncceuuy to operate the abandoned Metricom radios; and WHEREAS, Ricochet Networks, Inc. desires to begin operating the wireless cliptal data communications ndio network in Enpewood and other communities in the Denver Metropolitan region; and WHEREAS, the Greater Metro Telecommunications Consortium (OMTC) bu drafted a model right-of-way agreement to allow RNl to light the system that is alraady in place and be&in operations to provide wireless technology to customers in Englewood. NOW, THEREFORE, BE IT ORDAINED BY TIIE CITY COUNCIL OF TIIE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Secgop I. The agreement addreaing ilsues specific to EnaJewood to ensure conaisleacy with the right-of-way ordinance, alraady in place, is OD file in the Englewood City Clerk's Office. Section 2. The Mayor and City Clerk are authori7.ed to sign and attest said qreement with Ricochet Netwo~, Inc. for and on behalf of the City of Englewood, Colorado. lnttoduced, read in full and passed on first reading OD the 16* day of December, 2002 . Published as a Bill for an Ordinance on the 20• day of December, 2002 . Read by title and passed oD final reading OD the 6• day of January, 2003 . Published by title as Ordinance No._, Series of 200212003, on the 10• day of January, 2003. Beverly J. Bradshaw, Mayor AlTEST : Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above is a true copy oftbe Ordinance passed on final reading and publisbod by tide u Ordinance No. , Series of 200212003. Loucrisbia A. Ellil • USE AGREEMENT THIS NONEXCLUSIVE RIGHT-OF-WAY USE AGREEMENT (this "Use Agreemenr) is dated as of ~~=-:-=-:::c,::----::--:-' 2003, (the "Effectlve Date"), and entered into by and between the CITY of ENGLEWOOD, a Colorado municipal corporation (the "City"), and RICOCHET NETWORKS, INC., a Delaware corporation ("RNI"). Recitals A. RNI is In the business of constructing, maintaining, and operating a wireless digital data communications radio network known as the Ricochet® network, a network operated in accordance with regulations promulgated by the Federal Communications Commission, utilizing Radios (as defined in § 1.13 below) and related equipment certified by the Federal Communications Commission. B. Subject to reasonable municipal regulations concerning the time, location, manner ol attachment, installation , fees, and maintenance of its facilities, RNt-has the right under federal and Colorado law to use Ricochet Radios in Public Rights-of-Way. C. In order to deploy its radios, Metricom entered Into a Right-of-Way Use Agreement wilt, the City of Englewood . D. In proceedings in the United States Bankruptcy Court, Northern District ol Callomia, San Jose Division, Case No . 01-53291-ASW (Weissbrodt, J .), Metricom abandoned Pole Tap Radio ("PTR") equipment. · E. In the Metricom bankruptcy proceedings, RNI purchased 119 inlellectual property necessary to operate the abandoned Radios . F. RNI wishes to locate, place, attach, install, operate, and maintain Radio9 on faclltlN owned by the City, as well as facilities owned by third parties, located in the Public Righla-of-Way ol 119 City for purposes of operating Ricochet®. Agrument Now, therefore, in consideration of the terms and conditions contained heretn , the partJes agrN to the foll ,wing : 1 Definitions. The following defin~ions shall apply generally to the provisions ol ltlls Use Agreemen t: 1.1 Agency. "Agency" means any governmental or quasi-pemmentat agency OChe, than the City , including the Federal Communications CommllSIOn anc, the PUC (• such term Is defined in § 1.12 below). 1.2 Basic Se,v/ce. "Basic Service· means the RNI MMCe bundle Iha! anc:tudn unlimited Ricochet Service in the local coverage area , Internet ac:cas , and r .. ii custom• service . The Basic Service bundle does not anclude email. dlal plan , or personal web space . 1.3 City. "City" means the City of Englewood . 1.4 Facilities. "Facilities " shall mean an y PIPM, conc:tua, wns. c:ablel. amplifiers , transformers , fiber optic li nes , antennae , poles, trantmllllOn IINCtUnta, Sll'Nt lights. Page 1 ol 2 t • • ducts, fixtures and appurtenances, and other like equipment used in connection with transmitting, receiving, distributing, offering, and providing utilities and other services . 1.5 Installation Date. "Installation Date" shall mean the date that the first New Radio is installed by RNI pursuant to this Use Agreement. 1.6 1.7 1.8 1.9 Laws. "Laws" means any and all statutes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, certificates, orders, or other requirements of the City or other governmental agency having joint or several jurisdiction over the parties to this Use Agreement, in effect either as of the Effective Date or at any time during the presence of Radios in the Public Rights-of-Way. New. "New" means not currently installed. Mafntenence. "Maintenance" means keeping the existing PTRs and New PTRs that may be installed during the term of this Agreement, operational and maintained in 11 workmanlike fashion in the normal course of business. Munlclpel Facilities. "Municipal Facilities" means City-owned street light poles, lighting flXtures, electroliers, or other City-owned facility, system or improvement including without limitation, water and sewer mains and appurtenances, the City Ditch, storm drains and structures, streets, alleys, traffic signal poles and appurtenances, conduits, signs, landscape improvements, sidewalks, and public safety equipment. 1.10 Person. "Person" means an individual, a corporation, a limited !iability company, a general or limited partnership, a sole proprietorship, a joint venture, a business trust, or any other form of business entity or association. 1.11 Provision . "Provision" means any agreement, clause, condition, covenant, qualification, restriction, reservation, term, or other stipulation In this Use Agreement that defines or otherwise controls, establishes, or limits the performance required or permitted by any party to this Use Agreement. All Provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions. 1.12 Public Right-of-Way. "Public Right-of-Way" means the space in, upon, above, along, across, and over the public streets, roads, lanes, courts, ways, allays, boulevards, sidewalks, and bridges, including all public utility easements and dedicated public service easements as the same now or may hereafter exist, that are under the jurisdiction of the City. This term shall not include state or federal rights-of-way or any property owned by any Person or Agency other than the City, except as provided by applicable Laws or pursuant to an agreement between the City and any such Person or Agency . 1.13 PUC. "PUC" means the Colorado Public Utilitles Commission . 1.14 Radio. "Radio" means the radio equipment, whether referred to singly or collectively, to be operated by RNI hereunder. 1.15 Ricochet. "Ricocher, "Ricochet®" or "Ricochet MCDN®" means the Ricochet® MicroCellular Digital Network, a wireless, mlcrocellular digital radio communications network owned and operated by RNI . 1.16 RNI. "RNI" means Ricochet Networks, Inc., a corporation duly organized and existing under the laws of the State of Delaware , and its lawful successors. assigns, and transferees . Page 2 of 12 ' .;.. .~. ' .• • • 0 B (J 1.17 Services. ·services" means the wireless digital communications services provided to end users by RNI through the Ricochet network operated by RNI. 1.18 Standard Service. "Standard Service" means the RNI service bundle that includes unlimited Ricochet Service in the local coverage area. Internet access, no activation charges, 10 email accounts, 10 Mb of personal web space, dial plan and Tier I customer service. 1.19 Tier I Customer Service. "Tier I Customer Service" means support services on a 24- hour basis and covers all interactions with end users. 1.20 Tier II Customer Service. "Tier II Customer Service" means support services on a technical representative to technical representative basis from 7:30 a .m . through 7:30 p.m. Mountain Time. Monday through Friday. 1.21 Use Agreement. "Use Agreemenr means this Nonexclusive Right-of-Way Use Agreement and may also refer to the associated right to encroech upon the Public Rights-of-Way conferred hereunder. 2 Term. This Use Agreement shall be effective as of the Effective Date and shall extend for a term of ten (10) years commencing on the Effective Date, unless RNl's Master Lease Agreement with Public Service Company of Colorado is terminated, or it Is earlier terminated by either party in accordance with the provisions herein. The term of this Use Agreement shall be renewed automatically for three (3) successive terms of five (5) years each on the same terms and conditions as set forth herein, unless either party notifies the other of its intention not to renew not less than sixty (60) calendar days prior to commencement of the relevant renewal term . 3 Scope of UH Agreement. 3.1 Rights Granted. Any and all rights expressly granted to RNI under this Use Agreement, which shall be exercised at RNl's sole cost and expense, shall be subject to the prior and continuing right of the City under applicable Laws to use any and all parts of the Public Rights-of-Way and shall be further subject to all deeds, easements, dedications, conditions, franchises, covenants, restrictions, encumbrances, and claims of title of record which may affect the Public Rights-of-Way. Nothing in this Use Agreement shall be deemed to grant, convey, create, or vest in RNI a real property interest in land, including any fee, leasehold interest, or easement. Any work performed pursuant to the rights granted under this Use Agreement may, at the City's option, be subject to the reasonable prior review and approval of the City. To the extent that any provision of this Use Agreement conflicts with any City ordinance of general applicability, the provisions of the ordinance shall control, unless specifically noted otherwise herein . 3.2 Use of Abandoned Radios. RNI shall have access to and the exclusive right to operate existing Radios attached to street light poles or located on City rights-of-way or City owned buildings or facilities or removed from City Rights-of-Way or City owned buildings or facilities and in the possession of the City during the term of this Agreement. The exclusive right to operate described in this Section is limited to any interest :he City may have in such abandoned radios. RNI understands that the City cannot guaranty what claims, if any, other parties may make with respect to such abandoned radios . 3.3 Attachment to Municipal FacllltiH. The City shall, when reasont'bly possible. make available under a barter relationship Municipal Facilities if necessary for the operation of the Ricochet Network. Upon consummating a mutually agreeable barter arrangement. the C ity shall authorize and permit RNI to enter upon the Public Rights-of-Way and to locate, place , attach , install, operale, maintain, remove . reattach, reinstall , relocate. and replace in or on Municipal Facilities for the purposes of operating Ricochet anQ provid ing Page 3 of 12 ' .. .. f ., • • -..· 0 3.4 Services to Persons located within or without the limits of the City. In addition, subject to the provisions or Section 4 .3 below, RNI shall have the right, after negotiating the compensation therefore, to draw electricity for the operation of the Radios from the power source associated with each such attachment to Municipal Facilities . The placement of any other equipment upon Municipal Facilities shall require prior approval by the City. Attachment to Third-Party Property. Subject to obtaining the permission of the owner(s) of the affected property, the City hereby authorizes and permits RNI to enter upon the Public Rights-of-Way and to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace Radios in or on poles or other structures owned by public utility companies or other property owners located within the Public Rights-of-Way as may be permitted by the public utility company or property owner, as the case may be. RNI shall furnish to the City documentation of such permission from the individual utility Of' property owner responsible. City agrees to cooperate with RNI, at no cost or expense to City, in obtaining where necessary the consents of third-party owners of property located in the Public Rights-of-Way. By agreeing to cooperate, the City Is Indicating its willingness to communicate its approval of the use of the Public Rights-of-Way. The City is not expected to expend substantive staff time in providing this cooperation. 3.5 No Interference. RNI in the performance and exercise of its rights and obligations under this Use Agreement shall not interfere in any manner with the existence and operation of any and all private and Public Rights-of-Way, sanitary sewers, water mains, storm drains, gas mains, poles, atrial and underground electrical and telephone wires, electroliers, cable television, traffic signalization, and other existing telecommunications, utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as permitted by applicable Laws or this Use Agreement. RNI will correct any interference problems attributed to Its Radios within forty-eight (48) hours of notification by the City; provided, however, that in cases of emergency or immediate threat to public safety, as determined in the sole discretion of the City, the City may shut down any RNI facilities and shall immediately notify RNI of the action taken. 3.6 Compliance with Laws. RNI shall comply with all Laws in the exercise and performance of its rights and obligations under this Use Agreement. 3.7 Obtaining Required Permits. 3.7.1 The City shall reinstate all permits and other authorizations as necessary for existing Radios on City and Public Rights-of-Way that may have been granted to Melricom, if any; and cooperate and facilitate n-permits and authorizations necessary to operate the existing network and/or expand the network within the City . 3.7.2 If the attachment , installation, operation, maintenance, or location of additional Radios in the Public Rights-of-Way shall require any permits. RNI shall, if required under applicable City ordinances, apply for the appropriate permits and pay any standard and customary permit fees. City shall promptly respond in accordance with its standard practices to RNl's requests for permits and shall otherwise cooperate with RNI in facilitating the deployment of Ricochet in the Public Rights-of-Way in a reasonable and timely manner. The proposed locations of RNl's planned initial installation of Radios shall be provided to the City promptly after RNl's review of available City maps and prior to deployment of the Radios . RNI agrees to meet with the City annually or as otherwise needed to discuss the company's forthcoming projects and installations . Page 4 of 12 .~ .. • ' • 3.8 Notice of Location of Radios. Upon the completion of any new installation, RNI promptly shall furnish to the City suitable documentation showing the exact location of the New Radios in the Public Right-of-Way. 3.9 Use Agreement Extends Only to the Use, Installation, and Maintenance of Radios. The rights granted RNI under this Use Agreement extend only to the use, installation, and maintenance of the Radios described herein on Municipal Facilities in the manner described herein or on third-party property in the manner provided in Section 3 .3 and does not create any right to install different or additional communications facilities in the Public Rights-of-Way or on Municipal Facilities or on third-party property. Under no circumstances is the closing, excavation, or opening of any Public Right-of-Way authorized or permitted under this Use Agreement. 3.10 Exclusion of Certain Municipal Facilities. Prior to the installation of New Radios on Municipal Facilities, and after It provides the City with Its proposed locations for installation of New Radios on Municipal Facilities, the City may in its discretion designate certain Municipal Facilities to be excluded from those on which Radios may t>e installed by RNI, including but not limited to ornamental or similar specially-designed street lights, or other Municipal Facilities which, In the reasonable Judgment of the City's Director of Public Works or his designee do not have electrical service adequate or appropriate for RNl's Radios or cannot safely bear the weight or wind loading caused by the presence of RN l's Radios, or any other Municipal Facility that in the reasonable judgment of the City's Director of Public Works or hia or her designee is incompatible with the Radios or would be rendered unsafe or unstable by the installation of Radios. 3.11 No Introduction of Hazardous Materials. RNI represents and warrants that its use of the Public Rights-of-Way and Municipal Facilities, and its use and/or installation of Radios as provided herein, will not Introduce or generate any hazardous substance (as defined under any state or federal law), and that It will not store or dispose on the Public Right-of-Way or Municipal Facilitles, nor transport to or over the Public Right-of-Way or Municipal Facilities any hazardous substance (aa defined under any state or federal law}. 4 Compensation; Discounts; Utility charges. RNI shall be solely responsible for the payment of all lawful charges in connection with RNl's performance under this Use Agreement, including those set forth below. 4.1 Electricity Charges. RNI shall be solely responsible for the payment of all electrical utility charges and connection chages to the applicable utility company based upon the Radios' usage of electricity and applicable tariffs . RNI agrees to reimburse the City for any additional electrical utility charges incurred by the City solely based upon attachment of the Radios, provided the City shall furnish to RNI sufficient documentation from the utility company indicating with reasonable certainty that the additional charge was directly attributable to RNl's Radios . 4.2 4.3 Ricochet Service Discounts. In addition to the modems and subscriptions provided pursuant lo Section 4 .4, the City is eligible to participate in the Ricochet Government Volume Discount Program . Ricochet modems and services must be purchased and billed through an individual City master account(s) in order to qualify for the Government Volume Discount Program. City may obtain Ricochet modems and services according to the pricing, terms and conditions of the Ricochet Government Volume Discount Program shown in attached Exhibit A. Reimbursement of City's Expenus. RNI shall reimburse the City at City's standard rates for all reasonable expenses relating to the preparation, issuance , and Page 5 of 12 t .· .. . -· • • ( 4.4 implementation of this Use Agreement promptly upon receipt of bills, paid invoices, and such other documentation, as RNI shall reasonably require. Government and Public Safety Uses. RNI shall provide to the City, without charge, twenty-nine (29) Ricochet modems and an equal number of Ricochet Basic Service subscriptions, to be utilized for government use and public safety applications. The City's right to use the subscriptions shall commence at the time that Ricochet service is commercially available in the City and shall extend until the expiration of the term of this Use Agreement and any renEa ."al hereof. Users of City's subscriptions, regardless of the manner in which they were obtained, shall be governed by the same standard Ricochet terms and conditions of use applicable to other users. The City shall use at least seventy-five percent (75%) of all Basic Service subscriptions provided pursuant to this section solely for its own public safety use and shall not be entitled to resell, distribute, or otherwise permit the use of same by any other person, except a local entity that provides public safety services within the corporate boundaries of the City (i .e., school safety personnel, police departments, emergency medical departments, fire departments, etc.). The level of benefits and service provided to City by RNI as Basic Service shall not be diminished or reduced during the term of this Use Agreement or renewal thereof or prior to its cancellation or termination, as the case may be. 5 Relocation of Radios. 5.1 Relocation at City's Request. RNI understands and acknowledges that City may require RNI to relocate one or more of its Radios, and RNI shall at City's direction relocate such Radios at RNl's sole cost and expense, whenever City reasonably determines that the relocation is needed for any of the following purposes: (a) if required for the construction, completion, repair, relocation, or maintenance of a City project; (b) because the Radio is interfering with or adversely affecting proper operation of City- owned light poles, traffic signals, or other Municipal Facilities or other Facilities; (c) to protect or preserve the public health or safety; or (d) because the Radio has been abandoned. In any such case, and to the extent practicable in connection with the City's plans, City shall use its best efforts to afford RNI a reasonably equivalent altemate location. If RNI shall fail to relocate any Radios as requasted by the City within a reasonable tim under the circumstances in accordance with the foregoing provision, City shall be entitled to remove the Radios at RNl's sole cost and expense, without further notice to RNI. 5.2 Relocations at RNl's Request. In the event RNI desires to relocate any Radios from one Municipal Facility to another, RNi shall :so advise City. To the extent that another Municipal Facility is available, City will use its best efforts to accommodate RNI by permitting relocation of Radios to such other Municipal Facility in accordance with and subject to the terms and conditions of this Use Agreement. 5.3 Damage To Public Way . Whenever the installation, repair, removal or relocation of Radios is required or permitted under this Use Agreement, and such removal or relocation shall cause the public way to be damaged, RNI, at its sole cost and expense, shall promptly repair the public way, normal wear and tear excepted. If RNI does not repair the site as just described, then the City shall have the option to perform, upon fifteen (15) days ' prior written notice to RNI, to perform or cause to be performed such reasonable and necessary work on behalf of RNI and to cherge RNI for the direct costs incurred by the City at City"s standard rates. Upon the receipt of a demand for payment and support ing documentation by the City, RNI shall promptly reimburse the City for such costs. RNI shall act diligently and without delay to repair, regardless of time of day, any safety hazard that occurs involving RNl's Radios and plant. Page 6 of 12 .. ' ·!to -·· • • 6 Indemnification and Waiver. 6.1 Indemnification. RNI agrees to indemnify, defend, protect. and hold harmless the City, its officers, and employees from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, remedial actions of any kind, all costs and cleanup actions of any kind, and all costs and expanses incurred in connection therewith, including reasonable attorney's fees and costs of defense (collectively, the "Losses") directly or proximately resulting from RNl's activities undertaken pursuant to this Use Agreement, except to the extent arising from or caused by the negligence or willful misconduct of the City, Its officers, employees, agents, or contractors. 6.2 · Waiver of Claims. RNI waives any and all claims, demands, causes of action, and rights it may assert against the City on account of any loll, damage, or injury to any Radios or any loss or degradation of the Services as a result of any event or occurrence which is beyond the reasonable control of the City. 6.3 Limitation of City's Llablllty. The City shall be liable only for the coat of repair to damaged Radios arising from the negligence or willful misconduct of the City, Its employees, agents, or contractors. 6.4 Defense. RNI shall have the right to defend the City with regard to all damages and penalties arising in any way out of the exercise of any rights in this Use Agreement. Within thirty (30) days after receipt of same by the City attorney, the City will provide notice to RNI of the assertion of any claim or action arising out of Iha exercise by RNI of its rights under this Use Agreement. RNI will be aHowed, at Its own expanse, to appear and defend or assist in the defense of such claims. 7 Insurance. 7.1 General Liability and Automobile Insurance. RNI shall obtain and maintain at all times during the term of this Use Agreement commercial general liability Insurance with a One Million Dollars ($1 .000,000) per occurrence limit and Two MIiiion Ooll.-a ($2,000,000) annual aggregate limit. Such general llabBlty coverage shall covw bodily injury, property damage, products-completed operations and personal injury. RNI shall also obtain !Ind maintain commercial automob~e liability insurance with a One MIDion Dollars ($1,000,000) combined single limit. Such insurance policies BhllH Hat Iha City, and its employees as additional insureds as respects any covered liability arising out of RNl's performance of work under this Use Agreement. Coverage shall be in an occurrence form and in accordance with the limits and provisions specified herein. When an umbrella or excess coverage is in effect. Iha umbrella coverage shall bw 1h11 :iiifli• ii Iha primary coverage . Such insurance shall not be canceled or materially altered to reduce the policy limits until the City has received at least thirty (30) days' advance written notice of such cancellation or change. RNI shall be responsible for notifying the City of such change or cancellation . 7.2 Flllng of Certlflcatea and Endorsements. Prior to the commencement of any work pursuant to this Use Agreement, RNI shall ftle with the City the required original certificate(s) of insurance with endorsements, which shall dearly state all of the following : (a) the policy number: name 01 insurance company; name and address of the agent or authorized representative; name, aodrns. and telephone number of Paga 7 of 12 • • insured; project name and address; policy expiration date; and specific coverage amounts; (b) that the City shall receive thirty (30) days' prior notice of cancellation; and (c) that RNl's insurance is primary as respects any other valid or collectible insurance that the City may possess, including any self-insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance. The certfficate(s) of insurance with endorsements and notices shall be mailed to the City at the address specified in Section 8 below. 7.3 Workers' Compen .. tlon Insurance. RNI shall obtain and maintain at all times during the term of this Use Agreement statutorily required workers' compensation insurance for any of its employees and shall furnish the City with a certificate showing proof of such coverage. 7.4 Insurer Criteria. Any insurance provider of RNI shall be admitted and authorized to do business in the State of Colorado and shall be rated at least B+:XIII in A.AA. Best & Company's Insurance Guide. Insurance policies and certificates issued by non-admitted insurance companies are not acceptable . 7.5 8 Notlc:H. 8.1 S.varablllty of lntlrnL Any deductibles or self-insured retentions must be stated on the certiflcate(s) of insurance, which shall be sent to and approved by the City. ·cross liability," ·severability of interest," or "separation of insureds" clauses shall be mede a part of the commercial general liablity and commercial automobile liablity policies. Form of Notice and Notice Addrau. All notices which shall or may be given pursuant to this Use Agreement shall be in writing and delivered pe,90Mlly or tranlfflllted (a) through the Uniled States maK, by registered or cartlfled mal, poatage prapald; {b) by means of prepai,! overnight delivery service; or (c) by fecsimlle or email trwlamiuion, if• hard copy of the same is followed by delivery through the U. S. maU or by ovem~ delivery service as just described. addressed as follows: • if to the City: City of Englewood Attn : Kevin Joseph IT Operations Manager 1000 Englewood Parkway Englewood, CO 80110 ifto RN/: RNl,lnc. Attn : Legel Counael 1400 Glenarm Place, Suite 100 Denver. CO 80202 8.2 Data of Notices; Changing Notice Addreu. Notices shall be deemed glvan upon receipt in the case of personal delivery, three (3) daya after deposit in Iha mal, or Iha next day in the case of facsimile, emal, or overnight delivery. Either party may from time Page 8 of 12 (J to time designate any other address for this purpose by written notice to the other party delivered in the m a , ,er set forth above. 9 Termination. 9.1 Notice; Rights of Termination. This Use Agreement may be terminated by either party upon forty five (45) days' prior written notice to the other party upon a default of any covenant or term hereof by the other party, which default is not cured within forty-five (45) days of receipt of written notice of default (or, if such default is not curable within forty-five (45) days, if the defaulting party fails to commence such cure within forty-five (45) days or fails thereafter diligenUy to prosecute such cure to completion), provided that the grace period for any monetary default shall be ten (10) days from receipt of notice. Except as expressly provided herein, the rights granted under this Use Agreement are irrevocable during the term. Notwithstanding the provisions regarding the opportunity to cure defaults, the City may terminate this Use Agreement if (a) RNI becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt; (b) RNI attempts to or does practice any fraud or deceit in its conduct or relations with the City under this Use Agreement; or (c) the City condemns substantially all of the property of RNI within the City by lawful exercise of eminent domain. 9.2 Economic Viability. This Use Agreement may be terminated by RNI upon forty-five (45) days' prior written notice to City if the City should not prove to be an economically viable market. 9.3 Removal or Acquisition of Equipment/Waiver of Bond. In th• event of termination of this Use Agreement for any reason, RNI shall remove its Radios and any other related equipment from the Public Rights of Way within thirty (30) days of the City's request. Alternatively, and in the City's sole disaetion, if RNI exercises its rights under Section 9 .2 or is involved in a voluntary or involuntary bankruptcy under the Bankruptcy Act which results in RNI proceeding to liquidation without a purchaser assuming this Agreement, the ownership of all Radios placed in the Public Rights of Way after the execution of this Agreement, and any related equipment shall automatically transfer to the City. RNI acknowledges that it is the City's usual and customary practice lo require the posting of a bond or other financial security to guaranty available resources to cover costs of removal of facilities in Public Rights of Way, and any other costs relating to a company's use of Public Rights of Way. Notwithstanding this requirement. and in consideration of the free modems and subscriptions described in Section 4.4, the conditions for transfer of the Radios, the escrow and grant of the option to purchase the non-exclusive license described in Section 9 .4 , a letter of responsibility from RNI will be accepted in lieu of a performance bond or other financial security. 9.4 Conveyance of Licenn and Technology In Event of Termination. In the event that RNI exercises its rights under Section 9 .2 or is involved in a voluntary or involuntary bankruptcy under the Bankruptcy Act which results in the discontinuance of Ricochet service in the City, RNI hereby grants to the City the unilateral and irrevocable right, to be exercised within one hundred twenty (120 ) days after notice to the City from RNI . to purchase. at a fair market value, a non-exclusive license and right to use the Ricochet technology needed to conduct City municipal business within the boundaries of the City . Upon RNl's exerc1Se of its rights under Section 9 .2 or upon any action w1th111 a voluntary or involuntary bankruptcy under the Bankruptcy Act where service is proposed to be d iscon11nued . the City shall have such a nonexclusive license and right to use the Ricochet technology . This right shall expire after one hundred twenty (120) days follow in g RNI notice to the City as dncr1bed above . or after a fa• market value for the Page 9 of 12 ,, ' .. ·' ! .. • • - license is determined, and a license agreement becomes effective, whichever is longer. RNI will, within sixty (60) days after this Use Agreement becomes effective, deposit with a third party escrow agent, designated by RNI, source codes corresponding to the Ricochet Technology and any additional information and RNI proprietary software that the City would require to maintain and operate the Network for internal communication . Modified source codes and/or proprietary software will be delivered to the escrow agent during the term of this Agreement and any renewal hereof, within sixty (60) days of modification. The escrow will provide that the source code, documentation and proprietary software will be delivered to the City pursuant to this Section 9.4. 10 Asslgnmenl This Use Agreement shall not be assigned by RNI to any party, other than to a subsidiary, or parent of RNI upon corporate reorganization, or an affiliate entity, without the express written consent of the City, which consent shall not be unreasonably withheld, conditioned, or delayed. In the event RNI assigns the Use Agreement to a subsidiary, parent or affiliate entity, RNI shall provide the City with notice of such assignment and shall provide the City with relevant information about the assignee's qualifications. Any such subsidiary, parent or affiliate entity will continue to provide the Services to the City required by this Use Agreement. 11 Mlscell1neous Provisions. The provisions that follow shall apply generally to the obligations of the parties under this Use Agreement. 11.1 P>lonexcluslva Use. RNI understands that this Use Agreement does not provide RNI with exclusive use of the Public Right-of-Way or any Municipal Facility and that City shall have the right to permit other providers of information or communications services to install equipment or devices in the Public Right-of-Way and on Municipal Facilities. 11.2 Amendment of Use Agntemanl This Use Agreement may not be amended except pursuant I<:! a written instrument signed by both parties in Iha same manner as this Use Agreement. 11.3 Saverablllty of Provisions. If any one or more of the Provisions of this Use Agreement shall be held by a court of competent jurisdiction in a final Judicial action to be void. voidable, or unenforceable, such Provision(s) shall be deemed severable from the remaining Provisions of this Use Agreement and shall not affect the legality, validity, or constitutionality of the remaining portions of this Use Agreement. Each party hereby declares that it would have entered into this Use Agreement and uch Provision her90f irrespective of the fact that any one or more Provisions be declared ~legal. invalid or unconstitutional . 11.4 Contacting RNI. RNI shall be available to the staff employees of any City department having jurisdiction over RNl's activities twenty-four (24) hours a day, seven (7) days a week, regarding problems or complaints resulting from the attachment, installation, operation, maintenance, or removal of the Radios . The C ity may contact by telephone the network control center operator regarding such problems or complaints . 11.5 Venue; Governing Law. This Use Agreement shall be governed and construed by and in accordance with the laws of Iha State of Colorado, without reference to its conflict of law principles. Venue for any legal action brought hereunder shall be in Iha Dislrict Court, County of Arapahoe, State of Colorado . 11.6 Exhibits. All exhibits referred to in this Use Agreement and any addenda. attachments. and schedules which may from time to time ba referred to 1n any duly executed amendment to th is Use Agreement are incorporated in this :.Jsa Agreement and sh .. be deemed pan of this Use Agreement. Page 10 of 12 ' .. .. .. • • 11.7 Succesaors and Anlgns. This Use Agreement is binding upon the suc:ceuors and assigns of the parties hereto . 11.8 Advice of Displacement. To the extent the City has actual knowledge thereof, the City will attempt to promptly inform RNI of the displacement or removal of any facility on which any Radio is located . 11.9 ConNnt Criteria. In any case where the approval or consent of one party hereto is required, l'l'(lueated or otherwise to be given under this Use Agreement. such party shall not unreasonably delay, condition, or withhold Ila approval or consent 11.10 Waiver of Breach. The waiver by either party of any breach or violation of any Provision of this Use Agreement shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other Provision of this Use Agreement. 11.11 Reprnentatlons and Warranties. Each of the parties to this Agreement represents and warrants that it has the full right. power, legal capacity, and authority to enter into and perform the parties' respective obligations hereunder and that such obligations shall be binding upon such party without the requirement of the approval or consent of any other person or entity in connection herewith, except as provided in Section 3.4 above. 11.12 Entire Agreement. This Use Agreement contains the entire understanding between the parties with respect to the subject matter herein. There .. no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Use Agreement, which are not fully expressed herein . Page11of12 In witness whereof, and in order to bind themselves legally to the terms and condlUons of this Use Agreement, Iha duly authorized representalivas of Iha parties have executed this Use Agreement as of the Effective Date. ATIEST: (SEAL) APPROVED AS TO FORM: By: ___________ _ STATE OF COLORADO COUNTY OF ____ _ ) )u. ) CITY OF ENGLEWOOD RICOCHET NElWORKS, INC . Taxpayer (IRS) Identification No. 84-1602594 The foregoing instrument was subscribed, sworn to and acknowledged before me this __ day of ________ 2002, by _______ ·.-------,----------' as _________________ of Rlco::het Networb, Inc .• (SE AL) Notary Public My commission expirn: ______ _ Page 12 of 12 APPENDIX A RICOCHET GOVERNMENT VOLUME DISCOUNT PROGRAM Government entities are eligible for volume discounts based on their total number of Ricochet Service subscriptions . The City must apply for a Ricochet Master Account with direct billing of all users under the volume discount purchase . The discount will be applied as a line item on the monthly invoice based on the total number of subscriptions . RNI reserves the right to change the pricing or discounts at any time provided a 30-day advance written notice is given to users . RNI may change our policies and operating procedures at any time . Prices and availability of Ricochet Products and Services may vary from time to time . RNI does not offer term discounts or demand term commitments at this time . 1. Ricochet Government Volume Discount Pro9ram Rate Schedule IUGGUTID IWTAIL MODal IIION114LY -l'fllCa SIIM«:e l'IIICI ll!IIATa GOVT VOLUME DISCOUNT G-11 MOOEMS • STANDARD SERVICE s 99.95 s 44 .95 NONE GOVT VOLUME DISCOUNT 10-411 MODEMS· STANOARD SERVICE s 99.95 s 42.95 NONE GOVT VOLUME DISCOUNT 50-911 MOOEMS • STANDARD SERVICE s 99.95 s 40.95 NONE GOVT VOLUME DISCOUNT 100+ MOOEMS • STANDARD SERVICE s 99.95 s 38.95 NONE GOVT VOLUM E DISCOUNT CMI MODEMS • BASIC SERVICE s 99.95 s ,2.95 NONE GOVT VOLUME DISCOUNT 10-411 MOOEMS • BASIC SERVICE s 99.95 s 39.95 NONE GOVT VOLUME DISCOUNT 50·911 MOOEMS • BASIC SERVICE s 99.95 s 37 .95 NONE GOVT VOLUME DISCOUNT 100+ MOOEMS • BASIC SERVICE s 99 .95 s 35.95 NONE 2. Ricochet Standard Service Dncrlpllon Ricochet Modems" $99.95 External or Internal PC card SN Volume Discount Rate Ricochet Servtce Sclledule Unhmlled.- Act1v1teon Chsge None Internet Access Included Coverage As available in specific local market area Roaming Unrestricted within specific local market area E-Mail Up to 1 O E-Mail accounts P8f'SOOal Web Space Upto 10 Mb Dial Plan National Dial Service included Customer Service 24x7 Customer Service Hotline & Comprehensive website assistance Upon activation, each modem wi# be assigned a minimum of one emal addteas for networlc verlffcation and tracking purposes. No modem rental options ere being offered at this time. Pricing does not include applicable state and local sales and use taxes . RNI reserves the right to change the pricing at any time upon 30-day advance written notice to unr1. 3. Ricochet Buie Service Dffcrlptlon Basic Service Is available only to organizations purchasing multiple Ricochet moclema and services under a volume discount rate schedule . ' $99.95 Ricochet Modems External or Internal PC c.d See Volume Dlacount Rate Ricochet Service Schedule Unlimited usage Activation Charge None Internet Access None Coverage As available in specific local market area Roaming Unrestricted within specific local market area I E-MaU None Personal Web Space None Dial Plan None 2 Customer Service Internal IT Help desk to RNI Tech Support Pricing does not include applicable state and local sales and use taxes. RNI reserves the right to change the pricing at any time upon 30-day advance written notice to users. 4. Equipment Price List Ricochet modems will be sold with all necessary components to use the service . External modems will include use and Serial port connectors, power cables and battery. PC card modems will include the antennae (if not Integrated). Replacement cables, batteries and antennae (If applicable) wUI be available for purchase on the www.ricgchet.cgm website and/01 through cugtomer service. 5. Shipping, Handling and Returned Merchandlae Shipping and handling fees wll be added to each Modem order at the user's cost A returned men::handlse fee (RMA Fee) wlll be charged to the local Network Affiliate, Market Pwtner and/or RNI f01 modems returned to RNI by users in their Geographic Service Area (GSA). TYPI! 11'1!11 COIT SHSUR Shipping and Handling • Surfaca · 11t Modem -· s 9.95 SH2ND Shipping and Handling • 2nd Day • 1st Modlrn s 11.95 SHOV 1 Shipping and Handling • Ov9migllt • 11t Modlm s 15.95 SHAM I Shipping and HanClllng • Eac:11 Addlllonal Modlm Same Shipman, TBO I 3 8. Other Penaltlff and , ... Penalties and Fees will be assessed in certain caNS of Service cancellations, late payments and delinquent accounts. An activation fee of $35.00 per account will be waived inlttally but may apply for uurs who have their service suspended for non-payment, credit or other reasons, and who subsequently want Service reactivated. 'f\ :, . . -·I, , . ·.IIJ • "",..,:··· ' ' .t~ . ... 1YN ... ... _ .,. l'UW.TYIPU NSF Mal Sullcienl Funcll Fee s 35.00 LTP30 Lae~F•·»-, 1m.or,,..._ ..... LTPIO Lae~F•·•-1 ,m..,,....... ...... CANCIL SIRIIICa: 1 1m. Man111r LTPIO Lae,......,.. .... _ ~unll-Cluepald ... ' ~NO._ ~OF2003 A RESOLU110N D~IGNATING nm BUUETIN BOARD ON nm NORTII SIDE OF TifE SF£0ND FLOOR OF THE ENGLEWOOD CIVIC CENTl!lt AS nm OFPICIAL POSTING PLACE FOR ALL LBGAL NOTICES OF 'I1fE CITY OP ENGLEWOOD FOR 7003 . WHEREAS. the "Open Meetings Law", Stare SIIIUle f24-6-402(2)(c) requires tbal the public plllce or placcl for polting lepl nodcel shall be deaiplled ...Uy at the local public body'• tint repllr mcctina of each calendar year; NOW, 'fflEREPORB. BE rr ~LVED BY nm CITY COUNCD. OF nm CITY OF ENGLEWOOD, COLORADO, TIIAT: SEimL.1-The official poatina plllce for all tepl noticea of die City of Bnpwoocl for die year 2003, shall be the Bullelin Board oa lbe -.111 aide of die ICCXlDd floor of tbe Bnpwoocl Civic Caira 111111 l1ICb nolicca shall be poated under tbe heldin& "OFPICIAL CITY NO'l1CBS." Thia Raohllicm doea DIil iD ay way of itaelf' c:re&IC a requirement for nolice. ADOPTED AND APPROVED tbis 6dl of January, 2003. Beverly J. Bndahaw. Mayor ATI'EST: l..oucriahu.A. Ellia, City Clert I, Loucrishia A. Ellis. City Clert for the City of EnaJewood. Colorado, hereby certify die &bow ii a 11111 copy of Resolulion No._, Series of 2003 . COUNOL COMMUNICATION Date January 6, 2003 INfflA'ffDBY Agenda Item 10ci 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 CMc Center as the Official Posting Place for all Legal Notices of the City of Englewood for 2003 STAFF SOUia Fra.,k Gryglewlcz, Director of Finance and Administrative Services Loucrishla Ellis. Citv Cle,k COUNOL COAL AND PREVIOUS COUNCL ACTION On January 7, 2002 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 2002. RECOMMENDED ACTION Approve a re50lution designating the bulletin board on the north side of the second floor of Englewood Civic Center as the Official Posting Place for aD Legal Notices of the City of Englewood for 2003. BACKGROUND, ANALYSIS, AND AL'ffRNAlMS IDENTIFIED The OPEN MEETINGS LAW, State Statute§ 24-6-402 (2) (c) states that •a local public body shal 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,rour hours prior to the holcing 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.• FINANCIAL IMPACT No ne UST OF ATTACHMENTS Res olution A RESOLUTION FOR SUPPLEMENT AL APPROPRIATIONS FOR THE CULTURAL ARTS CENTER RESEARCH PROJECT. WHEREAS, the City Council of the City of Eqlewood, Colorado, approved funds for the Cultural Arts Commission which were budgeted in 2002; and WHEREAS, the funds budgeted for 2002 were not expended; and WHEREAS, funds for the Cultural Arts Center Raearcb project weR not budgeted or appropriated as a pan of the 2003 Budget and Appoprialiom Ordinaacca; and WHEREAS, the funds not expended in 2002 tor the Cultural Arts Center Re1earcb will be expended in 2003 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The 2003 Budget for the City of f.nalewood, Colorado, is hereby amended u follows: GENERAL FUND Source o[Fypds: Unreservod/Undcsipaled Fund Balmce Useo[Fynds: Cultural Arts Commission Cultural Arts Center Project $21,900 $28,900 Scctiop 2. The City M-,er and the Director or Fiaw:ial Services are lwnby authorized to make the above cbanga to the 2003 Budpl of die City or Enaiewood. ADOPTED AND APPROVED this 6* day or Jmuary, 2003 . Attest : Beverly J. Bndsbaw, Mayor Loucrishia A. Ellis, City Clcdt I, Loucrisbia A. Ellis, City Clerk tor die City orEapwood, Colorado, hereby C111ity die above is a true copy or Raolution No. _. Series of 2003. COUNCIL COMMUNICATION Date Agenda Item Subject January 6, 2003 10 C ii Supplemental Appropriation to the City of Englewood 2003 Budget for the Cultural Arts Commission Initiated By I Staff Source Department of Finance and Administrative Services Frank G, Director · COUNCIL GOAL AND PREVIOUS COUNOL ACTION The Council approved the 2003 Budget and Appropriation on final reading November 15, 2002 . RECOMMENDED ACTION Staff recommends City Council approve the attached resolution for a supplemental appropriation for the Cultural Arts Commission. The attached supplemental appropriation requests the funds budgeted in 2002 for expenditures related to researching a new cultural arts center that were not expended be appropriated in 2003. The sources and uses of the funds are: GENERAL FUND Source of Funds; Unreserved/Undesignated Fund Balance Use of Funds; Cu ltural Arts C o mmission Cu ltural A rts Center Project $28,900 $t6,900 The City of Englewood is req uired by City Ch arter to ensure that expenditures are not made without proper appropriation by City Co unci l. Th e attac hed resolution appropriates funds to ensure that the City of Englewood complies wi th lega l rest rictions go verning local budgeting. FINANCIAL IMPACT These supplemental approp riati ons w ill reduce General Fund unreserved fund bawlce by $28,900. LIST OF ATTACHMENTS Proposed res<_?lu t ion • • January 6, 2003 INfflATED BY: COUNCIL COMMUNICATION Subject: Purchase Four Single Axle Oum Trucks De artment of Public Works Ken Ross Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCL ACTION City Council approved the purchase of four Single Axle Dump Trucks in the 2003 Capital Equipment Replacement Fund (CERF). RECOMMENDED AC .JN -~~ .... 2002/2003 Stale°' ( amount of $255,036.00. I BACKGROUND, ANALYSIS, AND AlllRNATIVES IDENTIFIED The Public Works Streets Division currently utilizes vehicle nu~ 3209, 3210, 3245 and 3246 during everyday activity . With age, these pieces of equipment are no longer reliable, and are up for normal replacement through the City's CERF schedule. These units are being replaced under Colorado State Award No . 07047HM030M from Transwest Trucks, Inc. FINANCIAL IMPACT Through the State of Colorado bid process, the four (4) single axle dump trudcs an be pwchased for a total c ost of $255,036.00. LIST OF ATTACHMENTS Summary Specification Sheet Bid Proposal from Transwest Trucks, Inc . SERVICENTER GARAGE SUMMARY SPECIFICATION SHEET FOR NEW VEHICLES STATE AWARD §) IF YES, AWARD# 0?04? H8A 030M NO MANUFACTURER OF VEHICLE Frei, ~t I ,mer MODEL OF VEHICLE .... Ei.......aL_D~ll ... 1 ... 51)~------- AIR CONDITIONING ~ NO AUTOMATIC TRANSMISSION @ NO POWER WINDOWS POWER DOOR LOCKS 4 WHEEL DRIVE ALTERNATIVE FUEL OPTION C E R F REPLACEMENT NEW ADDITION TO FLEET DEPARTMENT VEHICLE ASSIGNED TO COMMENTS : Cerf replace2n£'11t -Gr '3a45', 3J%. Cost 7on/ rost ~ ~:,; 036 • YES YES YES YES @ NO YES ~ ~ /003 6i,.c~) Transwest Trucks Inc 7626 Brighton Rd Commerce City, Co 80022 November 13, 2002 City of Englewood Englewood, Co Attn: Pat White Ref: Freightliner Single axle dump trucks Proposal 2002 / 2003 Colorado State Award# 07047 HAA 030M Base award price for Freightliner Chassis Options and changes : 1. Freightliner w/ 39" heel to BOC wall 2. Cat 3126E 2SOhp 3. Allison MD3060P, S Speed (special) 4. 14,000 # front axle package w/ 16,000# springs S. 23,000 # rear axle package 6. Block heater I IOV / ISOOW 8. Air conditioning 9. AM I FM Casse~ radio 10 . LH 50 gallon fuel tank 11. One parts book by vin# 12 . One shop service manual 13. 150" WB, 84 " CA for IO ' body 14 . Live PTO provision on transmission ILO front crank IS . Front frame extensions 16 . Paint cab white, frame black 17 . Full ABS brakes 18 . Front and Rear brake dust shields 19 .13 CFM air compressor 20 . M2 aluminum cab , multiplex wiring, Oct 2002 emissions $47,410.00 -280.00 -1,300.00 S,489.00 S00.00 NC 110.00 7SO.OO 230 .00 200 .00 100.00 12S .OO NC 600 .00 NC NC NC NC NC 1,400.00 • • Dumps 21. 145 amp alt n.o 130 amp 22 . Vertical RH cab exhaust stack with chrome tum out 23 . Air driver seat w/ stationary one man passenger seat 24. Heated fuel water separator 25 . 10' 516 yard dump, PTO byd front and rear See attached KOIS quote Sub total of changes 120.00 34.00 NC 245.00 S 10,626.00 S 16,349.00 Total each with all chances to meet Eapwooc1•1 requiremeata S 63,759.00 JP Hank Friebus 303-288-6649 • • 0 -- -/~ ~~k.-;:; ~_u~.ij3_ · ~-~~-----=~-: . --~---~~~:~~-~--~~~~ __ : •. -. -..• .. . ' • • -· 0 • J' -~ ------- -~-~ ~3 --____ --~-~= --- ---- _ _,,,,..._ __ -----...._ __ .. --~ff -~=~==----~---= ~/}Ju~ ~ ~ ---~~--' .. ·<" . / off a--CY__ ~-(fltef tdt ~ -_ --~ --. -------t • -=---~1 ---___ _ ' ~ufiij J. ------- -~ /(~5 -~ -3 ~---=- 9· • ... ' ·• • • (?--u ' -------. -.tr -- ____ ---,-.......__ _ ___,_.._ • • I -·, • • • f AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JANUARY 6, 2003 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. '7: 21,} ~ 2. Invocation.!)~ 3. Pledge of Allegiance.~~ ~ 4. Roll Call.I\. '7~ 5. Minutes. o,,J ?-:V Minutes from the Regular City Council Meeting of December 16,200 ~QSc{?edu~~Y~~es. a. A special guest will help ring in the year of Englewood Jul:iilee II, in honor of Englewood's 100., anniversary. b. Ed Scott will be present to address City Council regarding the actions of one of Englewood's own during the events of September 11, 2001. ~~gene Norman will be present to address City Council. 7. Unsc heduled Visitors. (Please limit your presentation to five minutes.) ;l?J 8. Communications, Proclamations, and Appointments. 6/fl f}--1) a. A proclamation declaring the year 2003 as Englewood Jublee II. ~ 9. Public F (None Scheduled) • • • 1 0. Consent Agenda. a. Approval of Ordinances on First Reading. i. ii. iii. Council Bill No. 1 -Recommendation from the Department of Public Works to adopt a bill for an ordinance approving an Intergovernmental Agreement with the City of Cherry Hills Village for fleet maintenance. STAFF SOUia: Ken Ross, Director of Public Worb. Council Bill No. 2 -Recommendation from the Department of Public Works to adopt a bill for an ordinance approving a contract with the Englewood Lion's Club for the City of Englewood to provide maintenance of the Lion's Oub Miniature Train. STAFF SOURCE: Ken Ron, Director~ Publk Worb. Council Bill No. 3 -Recommendation from the Department of Finance and A"aministrative Services to adopt a bill for an Ordinance adopting the 2003 Budget for the Concrete Replacement District 1995. STAFF SOUia: frank Gryglewicz, Director of Finance and Administrative Servlc:es.. iv . Council Bill No. 4 -Recommendation from the Department of Finance and Administrative Services to adopt a bill for an Ordinance adopting the 2003 Budget for Central Services. STAFF SOURCE: Frank Cryglewla, Director of finance and Administrative Services. b . Approval of Ordinances on Second Reading. i. (})Jf:f-_l {J)J/J-A-ii. tJlJ_# ~ii. (}7J~ -¥-iv. (f?d-:# ~· jf b vi. (J),J - ~}t 2-vii . 01J:/t_J_viii . Council Bill No. 3 7, approving amendments to sections of the Englewood Municipal Code pertaining to Boards and Commissions. Council Bill No. 69, accepting a Victim Assistance and Law Enforcement Grant for 2003 in the amount of $1 S,000. Council Bill No. 70, approving a transfer of property located on the north side of Englewood Parkway from the City of Englewood to the Englewood _ Environmental Foundation. Council Bill No. 71 , approving the dedication of a right-of-way on Englewood Parkway and northeast comer of S. Elati Street at West Hampden Place. Council Bill No. 73, adopting amendments to the City of Englewood NonEmergency Retirement Plan Document Council Bill No. 74, adopting amendments to the City of Englewood Firefighters Pension Plan Document Council Bill No. 75, adopting amendments to the City of Englewood Police Officers Pension Plan Document Council Bill No. 76, approving a right-of-way use agreement with Ricochet Networks, Inc. PleMe note: If you have• clullilly wl w4....., _.or..._,,.._ ...... Cly fff f -s ... (303-762·2405) at INlt • .._. .. .._. .,..._...__......_ 1111111i,-. L----------- . . . •• : . ... t • • Englewood City Council Agenda January 6, 2003 Pagel c. Resolutions and Motions. ~- i. Recomll)endation from the Department of Finance and Administrative Services to adopt 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 2003. STAFF SOURCE: Frank Gryglewia, Director of finance and Administrative Services and loualshla Ellis, City Clerk. ii. /Ju~- iii. Recommendation from the Department of Finance and Administrative Services to adopt a resolution approving a supplemental appropriation for the Cultural Arts Commissions for unexpended 2002 funds. STAFF SOUia: Frank Gryglewlc:z, Director of finance and Administrative Services. Recommendation from the Department of Public Works to approve, by motion, the purchase of four single axle dump trucks. Staff recommends awarding ffie bid , through the Colorado State Bid process, to Transwest Trucks, for a total cost of $255,036.) STAFF SOUia: Ken Rou, Director of Publk Worb. 11. Regular Agenda. Approval of Ordinances on First Reading. ..e-a. b. Ap~ of Ordinances on Second Reading. C. R~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. The following minutes were transmitted to City Council between 12/13/02 and 1/2/03: Alliance for Commerce in Englewood meetlns of November '1, 2002 Englewood Board of Aqustment and Appals meeting of November 13, 2002 Englewood Tr~~tion Advi5ory Commlltee meeting of November 14, 2002 Englewood Planning and Zoning Commluion meetings of November 19 and December 3, 2002 Englewood Culuil Arts Commission meetins of November 20, 2002 ..._ ...er. lfyoa ...... 6allilily ...... ....., .............. ..., .. aa,.,, ' ... (lOl-7'2-2415)111 .......................................... ,...