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Home My WebLink About2003-03-03 (Regular) Meeting Agenda Packet"' l ~ . . ~ '' , .... .. .. .. .. .. : ·• • • ... · ... • .. ' .,. . . . •, -~-... ... ··-·-~ ..... .. ~ ,: . .~ . ,.. .. . ~, ~· ~:. ~ 't: : .. ."-:'.·· ·. ·. : ' . ...... ·.· ·.,: .• _. ___ ..:;.. _______ ..... Regular City Council Meeting March 3, 2003 25, 26, 27, 28, 29 mo •! I//.,,. 37, 38, 39, 40, 41, 42, 43, 44, 45 '. .I • -J . ·. \, ' . . . ' . -.. • .. •• .. 0 . " ~ . ' •· • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar Selllon Mardi 3, 2003 1. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7:32 p.m. 2 . lnvocadoa The invocation was given by Council Member Nabholz . 3. Pledp of A...._ The Pledge of Allegiance was led by Mayor Bradshaw. 4 . RoUC:.U Present : Absent A quorum was present. Council Members Nabholz, Moore. Grazulis, Oarreu, Wolosyn, Yun:hick, Bradshaw None Also present: City Manager Sean 5. Mlmates City Attorney Broczman AssilCant City Manapr Flaherty City Clerk Ellis Direc1or Roi&, Public Worb Plamer I Fruchtl, Community Development Senior Planner Graham. Community Development Director Eaton. 8-~ Director Oboa, Safety Services (a) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEIIRUARY 11, 2003. Mayor Bradshaw asked if there was any di scussion. There was none . V owresuha: Ayes : Counc il Mcmbcn Nabholz. Moore. 0arrea. Woloayn. Ywchick, Oruulis. Bradshaw Nays: None Motion CUTled. 6. SdNdllW v ........ There ~we no scheduled vt iton. 7. uw ....... v ........ Enalewood City Council March J, 2003 Paael (a) Mayor Bradshaw said Mr. Kozacek and I spoke this afternoon and I asked that he come to the meeting and speak to Council. Mr. Kozacek presented Council with some pictures. Gary Kozacek, 1260 West Oxford, said I have lived there forever, my great-great grandplrent.s homesteaded the land. I have received some paper work from the City, basically threatening me IO have IO remove a tree that is too cloae IO a fire hydrant. I don't disagree that the fire hydrant is inoperable, became the tree has grown IO the point where it takes a short handle, which the Englewood Fire Department does carry. We have discllSled this for well over a year, because it is right across from the Meadow Gold Dairy. My problem with this, as you will see on the lut pqe, is the cost. The tree was there before I wu born and I am SI yean old. We can attest that we homestclded this land prior IO it even being a pan of Englewood. We have given up, twice, land IO the City of Englewood just IO go down Oxford. Once, initially, for Oxford and then the widening of Oxford. And we have given up land, IO go up Lipan ... a great deal of property ... when we moved up Upan. This fire hydrant wu placed there way after the tree had grown. It was well over 30 years old when the fire hydrant wu placed at that location. I have no problem with the location. My problem is that the tree existed ahead of lime. The fire hydrant was not placed 3 feet away from it. it is now 12 inches away. He referred Council IO the pholograph . PholOgraph number one shows it is 12 inches from the tree. PholOgraph number two is from the 1idewalk IO where the base of the tree is. I used yardsticks in different colon so that you can see what the actual meaaurenalt wu. PholOsnPh number three, shows from the fire hydrant IO put the midpoint of the lnlDk of the tree. I tolcl the Fire Depanment a year ago. when they tint approached me, that I can give permission fur the removal of that tree, but if the City turns around and wants IO go ahead and try IO force me IO have IO pay out of my pocket for the removal of that tree, then I will have IO take additional action on IOllledling beina forced upon me . We have never been reimbursed, he said, nor wu there any ~nution 1iven to ua as we were promised, when we gave up Lipan. Also, for giving up the propeny, we were not auppoNd IO be chlrpd for llleet paving or the cemenl sidewalks. We have had to pay all of it, not only once on Lipan. but we had to double up again on Oxford. So I've come IO City Council and I'm proposina that you COlllider it. A£ die leaer states. I have until the 14*. The tree will not be removed at my expenK, he llid. unleu the couns decide they want to make a decision on it and then we will see where the lfllldfather clause coma in on the act. Mayor Bradshaw said I appreciate you coming on auch short notice, but I think the ae-of UI need to'-' this . Mr. Kozacek said no, that is tine. I called the Mayor and die ,_ I wanllld to approach the Mayor was IO get the information to you ahead of time. I thoupt perhaps you could diacwa this in Study Seuion, bul she asked me to present it to all 11even of you . Here are the fact1 and if you need nae I have plemy. I have the deeds from the I 800 's showing my rights IO that propeny . Tham you. he said. Mayor Bradshaw asked if there any questions. There were none. She thanud Mr. Kozac:et . Mayor Bradshaw asked City Manager Sears. where do we go from here. Should we diJeCt Staff ID loolt at this ? Council Member Garrett said we could take it up under Council Members' Choice, at the end of this meet ing . Mayor Bradshaw said okay. In response 10 Mr . Kozacek. Mayor Bradshaw adviled him dial City MaMfer Sean would call him. (b) Don Seymour, 47SO Soulh Upu. said I -dowa IDlli&M ID !alt oa dUI ...... au10 thing you keep talking about. I may not he here on April 21 • • my wife is lrJilll ID ... • ID tab lillr to Canada for 30 days . Anyway. while I didll't bolMaleld wt.e I'm 11. t i.ve been ill lDWD b 61 al .. 100 years we 've been around. My B>ther w• llll'e llillce 1906 and I've been ia dis i.-ra le b JO years and in the neighborhood foJ 44 and youjllll uep pualliaa •· you lumw . I've ..... ay 11111 Ina -- Englewood City CouncU March 3, 2003 Page3 0 probably 12 motorized vehicles, that's both four wheel and two wheel, down to about a half dozen or so. You just keep pushing me. First, it is take them off the street, so I take them off the street, put it on the lawn . Then, no it has to be hard pavement, so I put the paving stones under them ... being the agreeable guy I am. I've sold them off. I'm down to one that is classified as an inoperable vehicle. All four tires are up, it's painted all the same color all the way around, it has a new over all engine that has less than 500 miles on it and it has an overdrive unit in it, which is not too shabby for a 1970 Willie. I even went out and got a blue tarp and then I heard there were some among you that didn't like blue tarps, so I thought, well yeah. I can see that . So I got a green tarp, put it on and tied it with nice bright yellow rope. tied it up like a Christmas present. I tried to do a neat job ... you know what I mean? And now I see, you are calling my operable vehicle, an inoperable ... because I don't have a license on it. It is operable, but I just don 't have it licensed. What can I say? I think, and Marilyn could attest to this as she agrees, that an untarped vehicle doesn't look that bad. Now, I invite any of you to drive by 4750 South Lipan and look. You can't even see the car until you are right in front of the driveway, because it is up against the garage door. There arc hedges on both sides. And the ·>'iew from in front of my driveway is a solid cinderblock wall across the street, a retaining wall. So it isn't ruining the neighbors view, I want to tell you, plus we set higher than they do anyway . I don't know ... can we draw a line some place so that I'll know that I did the right thing. that I'm safe? And put it behind uolid fence and then have to put a fitted cover over it ... now what difference does it make whether it is covered at all if it is behind a solid fence? I'm serious. I mean, we went from the time when I would replace a transmission in the driveway at my mother's house to now and things are just getting tighter and tighter around here . And we are still Englewood . If you don't believe it, park in selected locations and look around you. I was at Frank's Pizza on Sunday, sining there and looking around . I want to tell you, the view from there is awesome, at least, if you sit at that corner and look around. We are not Cherry Hills, we are not Columbine Country Club, we are not any of them. We are Englewood . Come on. Some of us have lived here forever, at least forever for us. And like, what would Estasil say? Give me a break. So, I will come back on the 21 " unless I'm in Canada. If so, then I will submit a written document. Thank you, he said. Mayor Bradshaw said thank you. (c) James Johnson said thank you Mayor and City Council Members. I _n, to speak to you today about Liberty Day. I happened to peruse over your agenda and I feel very strongly about lhis holiday. so I just wanted to speak to you folks about it. First of all, I would like to thank you and the City of Englewood for supporting this holiday . It is really an important holiday to me . I still have my pocket Constitution, which I carry around with me everywhere I've gone for the past couple of years . I mean it is a document that I believe very strongly in. Englewood is a perfect microcosm of how we should be at the federal level. The Mayor is the executive. yet she does not have the power to make legislation alone ... you guys make it together . She acts as. basically, the PR representative in an official capacity, she is the face of Englewood. but she is not the dictator of Englewood, I mean, you guys make the decisions together . But as far as one man in control . okay ... not talking about Bush specifically, I mean. this goes across party lines, Bush. Clinton . doesn 't mancr who . I worry that when we have one person deciding the fate of our Nation, our foreign policy. this is precursor 10 di ctatormip rather than a representative republic . Our nation was founded on the principal that our representatives, Congress. together can decide the direction of our foreign po li cies fo r our cou ntry . Article I. Section 8, of the Constitution says, Congress has the power to make war . There has not been a Congressional Declaration of War since World War II . Okay. there is sornethina ca lled. the War Powers Acts, but that states the Presidenc can send troops for a muimum of 60 days to any contlict he deem s a conflict. Okay. 60 days maximum . At that point, he must brin1 them back. unlea there is a formal Declaration of War, so we will just have to wait for two months to see if that happens . And as far as that goes. you know , knowledge of the Constillltion and the powers and limitalions or the branches. is important now more than ever. I have taken the oaah to defend the Constitution four tima in my life a nd I'm only 2 1 years old . I have already taken the oath four tima. That ia how llrCJlti)y I believe in that oat h and I uphold that oath. I took that oath before God and before everybody elae I IOok Iha& Ollh wi th . I believe ve ry strongly in that oath . Okay. I took that oadl to defend the Conalitution from-. foreign and domestic . I have no qualms with En1lewood it1elf. I mean from what I've seen from you folks and Dan Brotzman . our Ci ty Attorney. you guys believe very acronaly in the principle$ of die Conllitudon. I ha,e read ove r the minutes , two separate sets of minutes that you 1uys had and you -talk.t• alM>UI the t .. .. • • Enalewood City Council Man:h 3, 2003 Pqe4 First Amendment Right of Expression. I thank you guys very strongly for that and I'm very thankful to live in Englewood, a city that actually believes in that. I'm just talking about more at the Federal level. It is a small minority , but there is a minority of representative leaders that arc acting against the principles of the Constitution. Many of the citizens arc unaware of the Constitution and its contents or of the other unconstitutional laws that have been recently passed in the last century. Ignorance is .no excuse, he said, we have only ourselves to blame for our lack of knowledge of the Constitution. It is good that Englewood supports this holiday, Liberty Day, and I hope it will promolC a greater understanding and love of the immortal document. That contract between our servant government and the popu1lce that is in charge ... that they, as our leaders and rcpresentati vcs, will protect and defend the Constitution and do what is right for all Americans. So, once again, I would like to thank the City of Englewood, Mayor, all you Council Members, for upholding this, supporting this holiday. I really, really appreciate it and thank you. he said. Have a good night. Mayor Bradshaw asked if there was anyone else who wilhed to address the Council on any issue this evening. No one came forward. (a) A proclamation declaring March 16, 2003 as Liberty Day was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO DECLARE MARCH 16, 2003 AS LIBERTY DAY. Ayes: Nays: Motion carried. Council Members Nabholz, Moore, Garrctt. Wolosyn. Y un:hick, Orazulis, Bradshaw None (b) A resolution appoiming Laura Bartnick ID the Englewood Code Enforcement Advisory Committee was considered. ' COUNCIL MEMBER YURCHICK MOVED, AND n' WAS SECONDED, TO APPROVE A RESOLUTION APPOINTING LAURA BARTNICK TO 'nlE ENGLEWOOD CODE ENFORCEMENT ADVISORY COMMITl'EE. RESOLUTION NO. 32, SERIES OF 2003 A RESOLUTION APPOINTING LAURA BARTNICK TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. Votermahs: Motion carried. Ayes: Nays: Council Members Nabholz. Moore, Garrett. Wolosyn. Yun:hick, Oruulis, Bradshaw None (c) Presenlation recopiziq the Projec:t Par1Dm rcsponlible for the 2002 Phoenix Awards' recognition of CityCClller Enalcwood. Ma yor Bradshaw said thi s has been• Iona time comina. I kaow we all havea't -eye to eye oo many i ues through thi whole thina , bur CityCenw £nalewood is llere ud it's beautiful and Repia I EPA ro:ognized that with a Phoaux Award . Mayor Pro Tem Doupia Ollna wall ID nic:ei~ dlil llllioaal award . We won this llalJOIIII award and. for a City of our liae. 11111 ii quill a coup ..t we Cllllldn't llaw: done 11 without the partncnh&p of lt.e people. Sbe explained tllal Ille Plloeai11 Award is I ti-lliMa'IIII rccognit10n fo, crea11n1 a nrw Ille oua of doclinins iae. Bob Simplon. Ille uicl. naiad tllal it -rili• fr o m the uhcs hke the mythical Phoenu. CityCeneer is IIIIOlll lhc finl plOjecU lllliooally 11> coown • • Englewood City CouncU Man:h J, 2003 PqcS interior mall into an outdoor urban and pcdeslrian environment When some of us were running for Council in 1997 . she said, we wanted IO develop an urban village ... what you sec now is an urban village . The EPA claimed lhat the redeveloped Cinderella Cily is as an ellccllenl eumple of overcoming environmcnlal challenges to change land use on a conlaminated sile. Those of you who shopped Cinderella Cily, didn'I realize ii was lhal contaminated . However, as we peeled back lhc layers, ii gOI scarier. The Phocnill Award winners were selected from each of the EPA's 10 diSlriclS. Ci1yCen1er Englewood is recognized for rcvi1alizing communily spirit, as well as lhe tax base in Englewood. If we hadn 't completed 1his project, our budget woes would be horrible. So thank you all for your partnership. She noted 1h11 Mr . Garrett allendcd the ceremony . She asked him if he would like to say something. Council Member Garrett said I was fortunate enough IO attend and accept lhc award on behalf of lhe Cily and also for everybody 1ha1 participated in the project One of lhc lhings, 1h11 was qui le remarkable, is how well we SIOOd up . We didn'I win lhc over all nalional award, he said, and we should have i-nonc of the lop 1wo. We slaeked up well , but we did not build a ball field, which seemed 10 be what people like to sec . Tha1 's the lhing lhat I lhink impressed me the mosl. wu how we slacked up against some of thc major cilics around lhc country. So, he said, I wanl 10 lhank everyone for all pulling 10gclhcr to make lhis happen . Thank you . Mayor Bradshaw said we have some ccrtificales lo help commcmorale this . Mayor Bradshaw presented the cenificales. Many entities made this possible, she said . Mayor Bradshaw said the Englewood Environmcnlal Foundllion, or EEF as we fondly call ii , was the dcvelopmcnl corporalion lhal we used 10 help lhc Cily of Englewood become the mas1er developer on thi s. We have also used EEF to help with lhc holiday lightina, special events, and the farmen market . Mayor Bradshaw said the Tri-Counly Hcallh Departmcnl is part of the cnvironmcnlal review 1eam lhll helped the City of Englewood in ilS qUCSI IO redevelop the llile. Mayor Bradshaw said Trammel Crow residential broupl the illlCraliq mix IO the sile, plus they also sponsored an art wall and you see 1h11 when you ride lipt rail inlO Denver. ll's the metal sculpcure. Mayor Bradshaw advised lhal lhc Regional Transponation District's $200 million inVClllllelll in the liahl rail sys1cm sparked the poccn1ial for siles like Ci1yCen1er Enalewood and we only hope that FaTracb will pass. so we can have diffcrcnl dcvelopmcnlS like lhal . We see thi s Ccnler as a model of Snmt Growdl on a Bro wnfield s sit e and we hope a IOI of oiher projecls will be popping up in lhc mcuo area soon . Mr. Jim Za vist is he re to recei ve the ccnifica1e. Mayo r Bradshaw said anoiher partner here is Wal-Man . They were thc firsi busi11C$$10 commi110 bu ildin g. Yo u see ou r Wal -Mart and it doesn 'l look like a IOI of Ille Wal -Mans. II is contrele, ii has an art wa ll and they were the fi rs t o nes 10 j ump on lhe bandwagon with the art wall. They are COIIUllllllily minded and have provided a grant at 1his lime to fund the aquarium in our library on the fUSI floor. So lhe y provide a lot of jobs and they arc a good assel. Mayor Brad ha w said Miller Weinpnen. our relail developer. breakina new pound in lhe-of S-n Growth . 1s a valuable partner 10 our success. Mr . Orea Moran, who wc have had crou words widl ... and I think some pleasant words lalel y, will be acccp1ing thi s. Ma yor Bradshaw !hanked him . Mayor Bradshaw notcd thc United Slates Environmenlal l'roleclion Aae,icy proYlded fundillt for our Brownfic lds Granl. back in 1997 . Mr. Mu Dodlon, Project M-,er is here . Thank you paya. ahe said. To crca1e our Brownfields rcvita lizat iun proaram. over the years wc have Uled dae fllndl IO creae ,obi II vacan1 ma nufac turing faci lities, crcate ball fields . open lplCe II CenleMia1 Park and plan for die c~ redcvc lopmc n1 of Ge neral Iron Works. Thank you bodl so much, she said . • • • Eaclewood City Council March 3, 2003 Page6 Mayor Bradshaw said the United Stat.cs Economic Development Administration, the EDA. provided a grant of $850,000 .00 to assist with the demolition of the parking structure. Their focus was also on job creation. This proj:ct generated 750 new jobs for Englewood, with an additional 410 jobs on sites adjacent to CityCcntcr Englewood . Gart Sports, alone, has created 350 jobs, and the redevelopment of the former City Hall site will create 90 more jobs. Mayor Bradshaw said the Colorado Department of Public Health and Environment allowed the mixed use concept to become a reality. Dan Schcppcrs is here, she said. They helped with the voluntary cleanup program. The V -CUP Program provided the assurances neccuary to allow this type of development on a site facing potential environmental haunts. Mayor Bradshaw said thank you so much for every thing. Mr. Schcppcrs said it was a pleasure working with your staff. Mayor Bradshaw said we do have the best staff. Mayor Bradshaw thanked everyone for coming. 9. Public Hearbia No public hearing was scheduled before Council . 10. ComentAaeada COUNCIL MEMBER GAIUlETI' MOVm, AND IT WAS SECONDm, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), 10 (b) (I), (U), (IU), (Iv), (v), (YI), (vii), (TIii), AND 10 (c) (I) and (U). (a) Approval of Ordinances on First Reading (i) COUNCll. BILL NO. 17, INTRODUCED BY COUNCll. MEMBER GARRETI A BILL FOR AN ORDINANCE ACCEPTING DEDICATION OF A 12-FOOT WIDE TRANSPORTATION/lTTlLITY EASEMENT ALONG UNIVERSITY BOULEVARD IN THE CITY OF ENGLEWOOD. COLORADO . (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 16, SERIES OF 2003 (COUNCll. Bll.J.. NO. 6, INTRODUCED BY COUNCIL MEMBER GARRETT) AJ ORDINANCE AMENDING TITLE 12, CHAPTER 2. SECTION 2, PARAGRAPH (C), SUBSECTION (I). SUBPARAGRAPH (d) OF THE ENGLEWOOD MUNICIPAL CODE 2000 APPROVING A PERMITTED INDUSTRIAL FACILITY TO RAISE THE LOCAL. UPPER pH LIMITATION . (ii) ORDINANCE NO. 17, SERIES OF 2003 (COUNCll. Bll.J.. NO. 9, INTRODUCED BY COUNCll. MEMBER OARRE'IT) AN ORDINANCE REPEALING AND REENACTING TITLE I, CHAPTER 5, SECTION I, OF THE ENGLEWOOD MUNICIPAL CODE 2000, RELATING TO REAPPORTIONMENT OF CITY COUNCIL DISTRICTS WITHIN THE CITY OF ENGLEWOOD, COLORADO. (iii) ORDINANCE NO. 18. SERIES OF 2003 (COUNCll. BD.l. NO. 11. INTRODUCED BY COUN~ll. MEMBER GARRETT) Englewood City Council March 3, 2003 Page7 AN ORDINANCE APPROVING AN lNTERGOVERNMENT AL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD. COLORADO, AND CENTENNIAL WATER DISTRICT FOR LEASE OF ENGLEWOOD'S SURPLUS WATER . (iv) ORDINANCE NO. 19, SERIES OF 2003 (COUNCIL Bll..L NO . 12, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE APPROVING TWO CITY DITCH LICENSE AGREEMENTS WITH REGIONAL TRANSPORTATION DISTRICT (RTD) ALLOWING FENCES TO BE CONSTRUCTED UPON ENGLEWOOD'S CITY DITCH RIGHT-OF-WAY . (v) ORDINANCE NO. 20, SERIES OF 2003 (COUNCll.. Bll..L NO. 13, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE ACCEPTING PROPERTY KNOWN AS PARCEL 2 LOCATED IMMEDIATELY NORTH OF ENGLEWOOD PARKWAY BETWEEN SOUTH CHEROKEE STREET AND SOUTH ELATI STREET FROM THE ENGLEWOOD ENVIRONMENT AL FOUNDATION TO CORRECT THE DEED. (vi) ORDINANCE NO. 21, SERIES OF2003 (COUNCIL Bll..L NO . 14, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE ACCEPTING THE TRANSFER OF PROPERTY FROM THE ENGLEWOOD URBAN RENEW AL AUTHORITY TO THE CITY OF ENGLEWOOD, COLORADO. (vii) ORDINANCE NO. 22, SERIES OF 2003 (COUNCIL Bll..L NO . IS, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AUTHORIZING THE TRANSFER OF PROPERTY LOCATED IMMEDIATELY NORTH OF ENGLEWOOD PARKWAY BETWEEN SOUTH CHEROKEE STREET AND SOUTH ELATI STREET FROM THE CITY OF ENGLEWOOD TO THE ENGLEWOOD ENVIRONMENT AL FOUNDATION. (viii) ORDINANCE NO . 23, SERIES OF 2003 (COUNCIL Bll..L NO . 16, INTRODUCED BY COUNCIL MEMBER GARRE1T) AN ORDINANCE AMENDING TITLE 12. CHAPTER 2, SECTION 3, PARAGRAPH B. SUBSECTION 8. AND TITLE 12. CHAPTER 2. SECTION 3, PARAGRAPHS D AND E, OF THE ENGLEWOOD MUNICIPAL CODE. CLARIFYING THE SEWER FUND RATES . (c) Resolutio ns and Motions (iJ RESOLUTION NO . 33. SERIES OF 2003 A RESOLUTION AWARDING A NEGOTIATED CONTRACT FOR ENGLEWOOD'S 2003 MICRO- SURFACING PROGRAM INSTEAD OF THE COMPETITIVE BID PROCESS UNDER SECTION 116 (b) OF THE HOME RULE CHARTER AND SECTION 4-1-3-1 OF THE ENGLEWOOD MUNICIPAL CODE2000. (ii) THE PLACEMENT OF THE MUSEUM OF OUTDOOR ARTS' "DESIGN AND BUILD" PROJECTS THROUGHOUT THE CITY OF ENGLEWOOD. Mayor Bradshaw asked if anyone wished IO pull any of the ilCIIII . They did not. Votefflllllu: • • --- Enalewood City CouncU March 3, 2003 Pqe8 Motion carried. Ayes: Council Members Nabholz, Moore, Garrett, Wolosyn, Ylll'l:hick, Grazulis, Bradshaw Nays: None 11 . Replar Apnda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading. (See Agenda Item 10 -Conaent Agenda.) (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading. (See Agenda Item 10-Consent Agenda.) ( c) ResolutiOIII and Motions (i) Director Roa preaented a recommendation from the Public Worka Depanment to adopt a resolution modifying the Public Worka Pennits Fee Schedule. We are before you tonight to recommend that the City Council approve a raolution to increaac the feca that we charp for cnpaeering reviews for people who do work in our public way. The idea ii for dlia fee incraac ID come clolcr to covering the actual costs for the City to adminislcr, inspect and to review that work. If you have any questions, I would be glad to answer them, he said. Council Member Wolosyn said she had a question reprding the work done in the public way ... the $4.00 per square foot for the cuts and the sravcl alley cut fee. Thal can happen now widl the law, lbc uid. Wu that the issue in Denver's cue or wu tbat anocher iuue? Director Ross replied that actually Denver's cue had 111111e to do with the fact that they -dwJina people kind of a rental fee for having the privilcte to be in their public way. and that's where they aoc inlo trouble with the Supreme Court. He aplained that 11-fees, the $4.00 pa' lqUM'C foot for city llphalt and then the gravel alley, that's work that our crews actually do, M> that's not an inspection. that's actual wort. Council Member Wolosyn said that's not a -and tear fee. Thank you. Mayor Bradshaw asked if there were any other questions for Director Ross. There were none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM ll(c) (I)-~LUTION NO. 34. SERIES OF *3. RESOLUTION NO . 34, SERIES OF 2003 A RESOLUTION APPROVING MODIFICATION TO THE PUBLIC WORKS P£RMITS FEE SCHEDULE. INSPECTIONS. AND ADMINISTERING TfI'LES 8. 11, AND 12 OF THE ENOLEWOOD MUNICIPAL CODE . Vote NAlta: Ayes : Council Members Nabholz. Moore. Garrett, Wololyn. Y..-chick. Gnzulis. Bradshaw Nays : None Mouon earned. Ena)ewood City Coundl March 3, 2003 Page9 (ii) Planner I Fruchtl presented a recommendation from the Community Development Department to adopt a resolution approving the proposed Development Review Application Fee Schedule. Staff recommends that the City Council consider and approve by resolution the proposed development review application fee as outlined in Exhibit A. The City of Englewood's current development application and associated fees has not been updated since early 1980's when they were originally established . To determine if the City's development fees arc up to date and comparable to other cities, staff conducted a survey of fifteen cities within the metropolitan region. Three objectives were determined for the assessment. To review the City's current development fees ensuring that it provides reasonable costs for recovery for staff time, to compare the City's existing and proposed development fees remain equitable with other front range jurisdictions and to determine the projected revenues baled upon proposed development review applications and fees. To demonstrate the findings. Attachment B provides two separate chans, that individually break down the fees between existing and proposed development reviews . The categories include the application type, the current fee, the number of applications received in 2002, revenue collected , the front range average, the proposed fee and the projected revenues. The first chart, Current Development Application Fee and Proposed Revenue, demonstrates that in 2002 staff received 114 development review applications and requests. Of the 114 development review applications requests that were received, only 29 of those had fees associated with them . In tum, collecting $2,350.00 in revenue. If the proposed development review application fees were implemellled, SI 1,125.00 in revenue would have been generated from those same 29 fees . The second chart. Proposed Development Review Application Fees and Projected Revenues, illustrates that 85 requests for proposed development review applications were received in 2002 with no development review fee generated . If the proposed development review applications would have been implemented at that time, $5200.00 in additional revenue would have been generated from the same 85 applications . At this time, staff would like to answer any questions you may have . Mayor Bradshaw asked if there were any questions for Mr. Fruchtl . Council Member Yurchick said he didn't have a question, but did have a comment. I personally, would like ACE to look at this because I see it having an impact on development in the City. Mayor Bradshaw asked if there were any objections to ACE looking at this. Council Member Grazulis said she thought it was a good idea. I see a large chunk from certain fees and I would like to see them look at it. Council Member Yurchick said what I'm looking at is I'm looking at $17,000.00 worth of revenue, that I don't know whether they arc justified or they arc nuisance fees . You know, is it worth $17,000.00 if we arc trying to get people to do things in the City . Planner Fruchtl referred him to the first chart, the Current Development Application Fees and Projected Reve nue . He reiterated that staff contacted 15 additional jurisdictions within the metropolitan area and we did an averaging based upon what certain cities charged as opposed to what we charge. Council Member Yurchick said I'm not questioning your fees or comparing them with other people in the area . My question is whether it is it worth S 17,000.00 to be a nuisance to somebody who wants to do a project in the City. Council Member Garrell said when Ken Ross was here we were looking at recovering IOIIIC of the COltS the C ity puts int o reviewing , it was a recovery mechanism. which is easier and -justified than ... well. we just need revenue . Planner Fruchtl said the proposed fee increases will help compensate for a lot of staff's reco~ time. bul it doesn't co mpensate for everything. It 's -just seeing if -arc still equitable within the jurildictions. along with the cost recovery. r • t • • Englewood City Coundl March 3, 2003 PagelO Mayor Bradshaw stated my concern is that we haven't changed these fees since 1984. Mr . Fruchtl answered yes. Mayor Bradshaw said look at what's happened, economically, to all of us since 1984. I don't know that we have to run this by ACE. Mr. Fruchtl said on the second chart, the Proposed Development Application Fee and Projected Revenue, we have the Administrative Amendment, Administrative Property Combination, Administrative Subdivision, Amendments to the TSA, the Floodplain Certificate, the Overall Concept Plan and the Transit Station Arca Plan. Those fees arc on line with the new UDC that will be prop<>ICd. Staff hu taken a proactive approach towards what will be coming in the future, to try to help c:ompcnaate anything that may go with staff's recovery time in the future. So wc tried to look at what wc currently do u staff, right now, today, and also look at what the future will hold and try to capture all those within a fee schedule that is proactive. Council Member Moore said this one particular item, the jump in the residential! variance, from SS0.00 to S225.00, is not only substantial, it is substantially higher than the front range fee average. MOit of these seem very much in line with the average ... bottom of the first chart under current development review. Mr. Fruchtl said, with the Board of Adjustment, it's a lOl of staff recovery time. Each application takes approximately 10 to 15 staff hours to process. That would include the pre-application meeting with each individual applicant that comes in. the time taken by the DevelopmeDI Review Team. aueuing answers from the Development Review T cam, compiling a staff report, the actual publication that the City pays for within the Englewood Herald and the time during the Board of Adjllltment application bearins. We had 20 applications last year. he said. Council Member Yurchick said inqardJeas of whether it is .-y ID ICad !his ID ACE or not. I'm requesting that it be selll there for their input. Council Member Wolosyn said I aecond that also, because we have taken a lot of trouble to tell them we are going to keep them in the loop and even on a minor thing like this, I think that if they found out that we went ahead without it. it would caUIC more problema. Mayor Bradshaw said it sounds like Council is not ready to deal with this at all this evening. Council Member Garrett asked when is the next ACE meeting. Ms. Wolosyn said it is j111t a week from Thursday. Mayor Bradshaw said we could look at it in two weeks. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO CONTINUE AGENDA ITEM I l(c) (U) TO THE MARCH 17, 2N3 REGULAR CITY COUNCIL MEETING. Mayor Bradshaw asked if there wu any discussion. Council Member Moore said he would not be at the M~h 1°76 meetins, so he would like to make oac cornmcnt for consideration. With respect to the residential variance. I now u dlil fee is beil!I Nl bued o n staff cost. One ar1ume111 aboul variances. be said. is thal they-DOI_... wida the individual. but 11,c sci broad rules for CVCf)\)IIC and we Ir.now we have IO do v-...a-.*-the Nies can't cover all ituations. So I think it mipt be approprille that the fee -ialld Wldl a vaiance is mt fully borne by the ulda, idual When we revisit this. be said. I WOllld ltb for )'OU ID COlllidlr u I tllillk the rnade111aal ,wwace numbers -a tattle btt hip. Mr. Fruchtl IIOled thM II llus mome• Council doea have Illa abdily IO ....S -oldie fem. if you 11,c,ukl hLe 10. or po651bly II the nnt -"DI· Ma)or 8r;adw11, satd ""e rouk1 do that on March 1°76. ' • • Enalewood City Council March 3, 2003 Page 11 Mayor Bradshaw asked if there were any other questions. There were none. Vote results: Motion carried . Ayes : Nays: Council Members Nabholz , Moore, Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw None (iii) Senior Planner Graham presented a recommendation from the Community Development Depanment to adopt a resolution authorizing assignment of Englewood's 2003 Private Activity Bond Cap Allocation to the Colorado Housing and Finance Authority for home ownership programs . This is the second year that Englewood has been an entitlement community for a Bond Cap Allocation, he said. We had extensive Study Sessions and discussions, last year, deliberating on the possible alternative uses for the Bond Cap Allocation and settled on CHFA to provide home ownership activities . When we were notified by the State this year, we went ahead and scheduled this item for Council's consideration to see if you would like to do that apin. Staff's recommendation is that you pus a resolution allocating that to CHFA. Keep in mind, be said, that the City's money manager has advised us that we could hold off on executing that until mid-year, to see whether or not we have had any applications for using the Bond Cap Allocation for economic development reasons . Mayor Bradshaw said ironically we didn't pool ours with Metro Mayors, because we wanted to put it with CHFA . And guess what Metro Mayors is doing? They are pooling theirs with CHFA now . So we did it a year ahead . I have no problem with this, she said, and we oo not have to do anything until mid-year, to see what is going on, but we could pass this resolution in support. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM l l(c) (W) -~LUTION NO. 35, SERIES OF JOU RESOLUTION NO . 35. SERIES OF 2003 A RESOLUTION AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COWRADO PURSUANT TO THE COWRADO PRIVATE ACTIVITY BOND CEil..lNG ALLOCATION ACT . Vote results: Moti on carried . Aye s: Nays : Council Members Nabholz, 11 . e, Garrett , Wolosyn , Yurchick , Grazulis, Bradshaw None (iv) Director Eaton presented a recommendation from the Human Raourccs Department 10 appoint , by motion . a bearing officer for a di,ciplinary sppeal filed by a former employa:, To ny Pedro n. The resuffll!s of the hear ing officers Council, appoinled earlier this year. are in Council's pac ket. she said . CO UNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPOINT RONALD COHEN AS THE HEARING omcER FOR A DISCIPLINARY APPEAL num IY TONY PEDRON. Motion carried. Ayes . Nays : Council Members Nabholz. Moore . <linen. W olo&yn. Yurchic k, Orazuhs. Bradsha w None Englewood City CouncU March 3, 2003 Pagel2 12 . G•meral Discussion (a) Mayor's Choice Mayor Bradshaw did not have any matters to bring before Council. (b) Council Members' Choice (i) Approval of Council Bill No. 10, pertaining to inoperable vehicles, on first reading, and setting a public hearing for April 21, 2003 was C01111idcrcd. Mayor Bradshaw asked if there were any questions. Mayor Bradshaw asked if this came out of the Code Enforcement Advisory Committee. She uked Council Member Yurchick to give some background on this proposed Council Bill . Council Member Yurchick said it was almost a 50'50 votc ... it 100kjust one vote to get it here in this form. One half says leave it the way it is and the other half says lets tighten it up. Mayor Bradshaw said we will have a public hearing and hear about it. COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL BILL NO. 10 AND TO SET A PUBLIC HEARING FOR APRIL 21, 2G83. COUNCIL BILL NO. 10, INTRODUCED BY COUNCIL MEMBER YURCIUCK A BILL FOR AN ORDINANCE AMENDING TITLE 15, CHAPTER I, SECTION 2, DEFINITIONS, TITLE 15, CHAPTER 9, SECTION I. PERTAJNINO TO VEHICLES; INOPERABLE; AND ADDINO A NEW TITLE 15, CHAPTER 9, SECTION 2, PERT AININO TO (VEIDCLES; OfF ROAD (ORV), ENGLEWOOD MUNICIPAL CODE 2000. Mayor Bradshaw asked if there wu any dilCIIISion. Council Member Moore said there is one thin1 I want to ask Council. In here we have a ICClion aboul the length of time you can work on a vehicle . It says not to exceed eight hours, one day per calendar week. I recall the eight-hour discussion, he said, but I don't remember the limitation of one day per calendar week . Mayor Bradshaw said I didn't remember that either. City Attorney Brotzman advised that Council can modify that now or after the public hcarina. One of the things that was addressed, afterwards, by my staff, was that it was an open-ended timcframc, that it was impossible to ever measure it if you just made it eight hours per week . There was absolutely no limitation, so you could work on it an hour every day . You would never be able to measure that timeframe. The thought was that the weekends seem to be the primary time that people would be worlrina on their can and we tried to aim for a day on the weekend . That can certainly be modified to be Salurday and Sunday or one day a week . We tried to just tic it down. he said, ra&her dian have it so opeo,cnded that we could never enforce it. Counci l Member Moore asked if we could Just say eisht hours per day, per calendar day. Mayor Bradshaw said then they could Wl.t on it every day. ounc,I Member Moore said the way I look II it is lbal tor the odlcr 16 lloun Ibey would be .,._.. die ,chicle 11110 toragc . So there i a cenain IIIIOUIII of effort involved 111 dial, he said, 11111 probably~ sclf-cnforc ina . •.. t .. • • F.qlewood City Coundl Man:11 3, 2003 Pqe13 Mayor Bradshaw said this is just to work on it in the front yard setback . City Attorney Brotzman said that is correct. Council Member Moore said the limitation of whatever the hour period is, for me. it works per day, because it is the storage part that is going to keep this from being overly abused. That is what I think, he said. Mayor Bradshaw said I am just thinking of my interesting new neighbors ... good pcople ... but they store things different than I \IIOUld and I am just concerned about the eight hours per day. You wouldn't know if they started at eight in the morning or at ten. Do you see what I mean ... about enforcing the eight hours? Council Member Garrett said if they start working on it Monday, then you come back on Tuesday and they are still working on it and they say they didn't start working on it until noon and then you come back and they are still working on it on Wedneaday ... the enforceability becomes more difficult Mayor Bradshaw said so if we know they can work on the car, one day a week. that takes care oftbat. I think that is what you meant? City Attorney Brotzman said that is correct. Mayor Bradshaw said maybe we should just let it fly and we'll see how the public heuing goes. Council Member Moore said I have one other thing I wanted to mention. la it .-ury, if someone is storing it in the rear or side yard, if it is under cover or behind a solid fence and it is screened from view? City Attorney Brotzman said the discussion wu simply about the differeal levels of houses. So your houlC sits on a hill and you would actually be looking into their backyard. Ahboup it is blocked from the public right-of-way , 11 you are at a totally different level, your neighbor would be 1oo1anJ into yow backyard and still seeing that car uncovered . I actually uked that ume qualion of Code Enfon:ement, he llid. Council Member Yurchick said half of the committee thought screenin& from the public right-of-way was good enough. Mayor Bradshaw said whclhcr it is with a tarp. a chained link fence or a solid fence . Mr. Yurchick said they pretty much ap-eed on the fence . Mayor Bradshaw asked if there were any other comments. There were none. Mayor Bradshaw said do you want to make amendments? Council Member Moore said I am willing to wait to see what kind of reactions we Fl at the public hearing. Counci l Member Garrett said we can pass it on first reading and then wait to see what the public says . At least th is gets it out on the table to be discussed . Ma yo r Bradshaw said that is part of the public process ... to have a public heuina. Vote ,-its: Ayes : Council Members Nabholz, Moore. 0anea. Woloayn. Y urchick. Oruul is. Bradshaw Nays : None Motion carried. (i i) Council Member Garrett brouahl up Mr. Kozaceli:"1 ~- Mayor Bradshaw said Mr. Kozacelt said the City Wlllla ham IO lelr the tne down and pay for it . Enalewood City Council Marcb 3, 2003 Papl4 Council Member Garrett said the City wants him to tear down the tree and pay for it. Mr. Koz.acek's counter wu, status quo or we could take down the tree and the City would pay for it. Mayor Bradshaw said that is right. Council Member Gurett said I just wanted a clear understanding of what he wanted. Council Member Nabholz said I noticed in that estimate that it would damage his fence, in order to take that tree down, so there would be fence damage to pay for too. Mayor Bradshaw said my concern is, good Lord, let it be, it is a tree. That is my opinion. Council Member Wol011yn said my question is about the fact that the pan. that the hole connects to, is facina the atreet. Council Member Y urchick said the handle they IIIC to tum it on, swinp around and bits the tree. Council Member Garrett said wu the tree there and we put the fire hydrant too clOIC to it. Mayor Bradshaw said yes we did. Council Member Yurchick said not in the beginning ... I'm sure the tree pw. Discuuion ensued regarding the possible size of the tree when the fire hydrant wu put in. Mayor Bradshaw said I think they probably had to move it when they dedicated Lipan. Council Member Yurchick ukcd what it would COIi to move die fire hydrant. City Manaaer Sears said I am not familiar with this whole lopic. I would lib ID .. back to Council on this. with. perhaps. some history. Council Member Garrett said the notice is for the 14• and we wiU not meet• a Council until after dial. Mayor Bradshaw ukcd if we can delay it. unlit we pt the facta. City Mam,-Sean uid yea. Mayor Bradshaw asked Chy Manaaer Sean to call Mr . Kozacek and lell him that or ID have -on staff call him. Mr. Sears said I will pve him a telephone call tomorrow. Council Member Yurchick said I would like to aay one ocher thiq about the letler Ben Greene IClll him. I thought we did away with the Forestry Prosram in 2003 and Mr. Greene wu sugatina he apply for a grant. Mayor Bradshaw said we still have some money in there . City Manager Scars said it is true. we do not have a Forarry Ptoanm this year. Mayor Bradabaw said we need 10 let Ben Greene know. City Manager Sears said I would like to send Council a hillory, so you can have all die facts in 60III of you before you make a decision . Council Member Yurchick said I was just conterDed aboul Slaff reflnina ID ...illina dial ia.,-.. available. Director Olson said there is money available ... he did dleclt: widl Parts oa • ID -if ... -~ Council Member Yurchick said I thoupt we did away widl Ill die r..diaa· F.nclewood City Couadl Mardi 3, 2003 Pqel5 City Manager Scars said it has gone away, but thete may be a connectioo with Colorado State Extension Service, which I think is where we got some of the money in the past to do this. It really waan 't City money that went into it . (iii) meeting on the 11•. Council Member Moore said I will be in Wahington for the next City Council 13 . City Manqer'a lleport City Manager Sean did not have any matters IO bring before Council. 14. City AUorney'a lleport City Aaorney Brotzman did not have any maaen IO bring before Council. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL MONDAY, MARCH 3, 2003 7:30 P.M. Englewood Civic Center • Co•Jncil Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. 7: !)).. ~ 2. Invocation. n~ 3. Pledge of Allegiance. /~ 4. Roll Call . au 7 ~if 5. Minutes. °tfr/ ?-{)'· M;n"1o, fr-the ..... ,.,. 0ty Council M ... ng of Folxuo,y 18, 2003.~ 6. 7. Scheduled Visitors. {Please limit your presentation to ten minutes.) P" (( ~~,tz~u~m2x.{~m~iYo~,fjs;=on to five t~1.h a,~A) -tllr.KTY Did 1,-. DO'il '51!.'"IIAOII.~ -1VlfUMU vu~ 8 . Communications, Proclamations, and Appointments. ().ppd 'J-o a. A proclamation declaring March 16, 2003 as Liberty Day. i)~ /). • t.1. ., b . A resolutio n ppointing Laura Bartnick to the Englewood Code Enforcement Advisory /'<JAN' ::,')... Committee. • ap~ ?;O Presentatio ognizing the Project Partners responsible for the 2002 Phoenix Awards' recognition of CityCenter Englewood. 9. Public Hearing (None Scheduled) fr t .. • • • -· Englewood City Council Agenda March 3, 2003 Page 2 l1nnl ?;..o JJ;J;;:Jr~i-~x ~thhul~~ /(),i /Otri ~ tiii f . . . ~rr' a. Approval of Ordinancest;'[Fi~t Reading. r7f----~..., ) /{)e / 'fl/ i. Council Bill No. 17 • Recommendation from the Public Works Department to adopt a 6111 for an ordinance accepting the dedication of a Transportation/Utility Easement adjacent to the Korean Emanuel Church at 3095 South University Boulevard. STAFF SOURCE: Ken Rou, Director of Public Worb. b. Approval of Ordinances on Second Reading. i. IJ1# It, /flJ,lt 17 ii. /Ai~/f iii. thtJ.)1-;l./ vi . (h J. /I' ,,U vii. /J'tJ:/1-;J.3 viii . Council Bill No. 6 , amending sections of the Englewood Municipal Code regarding the Upper pH limit for Industrial Discharges. Council Bill No. 9, ordinance approving redistricting of Council Districts. Council Bill No. 11, approving a Water Supply and Facilities Agreement with Centennial Water District Council Bill No. 12, approving a City Ditch License Agreement with the Regional Transportation District for fencing along South Santa Fe Drive. Council Bill No. 13, accepting the transfer of the property known as Parcel 2 from the Englewood Environmental Foundation to the Oty of Englewood. Council Bill No. 14, approving a property transfer from the Englewood Urban Renewal Authority to the City of Englewood. Council Bill No. 15, accepting the transfer of the Revised Pa,cel 2 from the Oty of Englewood to the Englewood Environmental Foundation. Council Bill No. 16, amending sections of the Englewood Municipal Code to Clarify Sewer ,Rates. c . Resolutions and Motions. i. ii. Recommendation from the Public Works Department to adopt a resolution allowing for a negotiat ed contract with Bitumin o us Asphalt Sealing pecial is ts in an amount not to exceed $360,000 for the 2003 Microsu rfacing program . STAFF SOURCE: Ken Ron, Director of Public Worb. Rec ommendation from the City Manager's Office to approve, by o)otion+ the placement of the Museum of Outdoor Arts ' •oes1gn and Build· pr ects throughout the City of Englewood. STAFF SOUia: Michael Flaherty, Assistant City Manager. Please note: If you llawe a 6allllly _. MN ...a.,_.•---......... Cllrell , 11• (30J.762·Z405)atlNlt41 ...... la.._el..._..._ ......... 11111111,-. t • • 1 Englewood City Council Agenda March 3, 2003 Pagel 11. Regular Agenda. a. b. c . Appr~f Ordinances on First Reading. Approval of Ordinances on Second Reading. P" Resolutions and Motions. (). . J4g./ i. Recommendation from the Public Works Department to adopt a resolution f()A.H"" .J't modifying the Public Works Permits Fee Schedule. STAFF SOURCE: Ken Ron, lfPiJ '1-0 Director of Public Worb. ~ ii. Recommendation from the Community Development Department to adopt a resolution approving the proposed Development Review Application Fee PfP' 'HJ 'Amir Mi'JU 1;.gr~(/='f:-°211~~10 ~HL MHIJI /'111, t1~/lltt, iii. Recommendation from the Community Development Department to adopt a /) •. _ /L "1/ resolution authorizing assignment of Englewood's 2003 Private Activity Bond K,IIJ8~ ~ Cap Allocation to the Colorado Housing and Finance Authority for homh~ ~ _ /_• IJf/i 7-() ownership programs. STAFF SOURa: Mark Graham, Senior Planner.,_~ iv. Recommendation from the Human Resources Department to appoint, by SOtiRt a hearing officer for a disciplinary appeal filed by Tony Pedron. STAFF U E: Sue Eaton, Director of Human Resources. ~J IJ-0 ~OLIJS"/AJ /klJI/UJ ,0 AHDIVi l!!MJM.IJ tDlll!JI A, 11/t.-NU,t1AJf fJ#~ 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. /Jp/rJ. ?-0 i. Approval of Council BjH ] Q, pertaining to inoperable vehi and setting a public hearing for April 2), 2003, <n~u:.,e.ic.., 13. City Manager's Report 14. City Attorney's Report. Adjournment "g;).'!{ ~ The following minutes were transmitted to City Council between February 14 and 27, 2003: Englewood Housing Authority meeting of JanU&ry 8, 2003 Englewood Urban Renewal Authority meeting of November 13, 2002 Alliance for Commerce In Englewood meeting of Jan11&ry 9, 2003 Englewood Parks and Recreation Commission meeting of Jan11&ry 9, 2003 Englewood Tran s portation Advisory Committee meeting of January 9, 2003 Keep Englewood Beautiful meeting of January 14, 2003 Englewood Planning and Zoning Commission meeting of F~ry 4, 2003 Pleue note: If you have a IIAbllly MIi wd aalllly al* or---.,.._ Mdfr .. Clar .,,, .. ,w ... (303-762-2405) at leMt 41 ........ ..___ ............. ...a.L ...... ,.. • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO ReplarSelllon February 11, 2003 I. CaU to Order The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7:37 p.m. 2 . la•oc:adoa The invocation was given by Council Member Nabholz . 3. Pledp of Alepace The Pledae of Allegiance wu led by Mayor Bradahaw . 4 . RolCaU Present: Absent: A quorum was present. Council Members Nabholz. Moore. Gruulis. Garrett. Wolosyn. Yun:hick. Bradshaw None Also praent: City Manqer San 5. Minutes City Allorney 8- Allillalll Cily Ma-., FlaMny City Clerk Ellia Direclor KalllD. Capilal Projeca Senior~ Onham. ec-aity De,.eqimeal Direclor Lona. Lillfay DiJector Fonda. Ulililicl Director oi-. Safely Servic:ea (a) COUNCIL MEMBER GRAztJLIS MOVm>, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF PDRUARY 3. 2003. lavor Brad>ha" asked if 1here was any discussion or corrections. There wu none. )Cs: Council Membe r~ Nabholz. Moore. Oanea. Woloayn. Yurcluck . Grazuhs. Bradahaw .I) None Thc,rc ere"" -.:~kJ ,1>11()1), Englewood City Council February 18, 2003 Page 2 7 . Unscheduled Visitors (a) Cherrie Brandt, 2297 West Wesley Avenue, said it is good to see you all again . I came here with good news tonight. Can you believe that? I wanted to come and let you know that we just had an awesome, positive experience with Englewood's Building Division. I don't think we, as citizens, come here often enough to give positive feedback to all the people that work so hard within our governmenL she said . We built a very large addition onto our home. We started about three years ago, she said, and we decided it was taking too long, so we speeded things up with a loan. Lo and behold. we really got o urselves into a tight timeframe and money crunch . fit weren 't for the people in the Building Division, she said, we never would have gotten this project wrapped up enough for us to have gotten our permanent financing . Lance was terrific with accommodating us and working with us so weii that we were able to get everything to work well . I am going to name everybody by name, she said, because they are all just as important as the other. Barb was just tremendous throughout our entire project .. .I would say that she pro bably worked harder for us than anybody did . Of course, Karen and then we have Pat, who takes all the phone calls for the inspections. Then our inspectors ... Charlie, Craig and Greg . They were all just awesome and I just wanted to share that with you tonight. To be able to give these guys ... these pown men ... hugs. with tears in my eyes, because they really did somethina special for us. It made them feel really, really good and when they tell us that they don't receive positive reinforcement about the work that they do ... that most of what they hear is negative ... that made me sad. I felt it was my duty, she said, to come here and tell you what a great job they do. Ma yor Bradshaw thanked Ms . Brandt. I am sure Mr. Sears will let the staff members know, she said, because that does not happen, the people who talk to us don't offer positive comments. (b ) Bruce McDowell, 3250 South Elati StreeL said I jlllt have a concern. I Al. in on your Study Session and when Council considered the proclamations it wen1 preay quickly. I jlllt wanted to share that I thought, maybe. the piece on the uninsured wenc a little IOO quickly. My peu ia that you all probably have insurance. How do you feel about bein1 withoul? It ia not a p,od feelina. ia it? I have insurance and I feel good about thaL he said, but I believe it ia a c:risil in this nation today and I don't think it f.hould be passed o ver quite that lightly. I haven't seen the proclamllion. so I don't know what all wu there. but I think they were just tryina to raise awareneu and it juat doean't seem like tlYt happened . He thanked Council. Mayo r Bradshaw said we can bring this up under Council Memben Choice. whether Council would like to reconsider the proclamation . I do think we need to be responsive to our constituents. Mayor Bradshaw thanked Mr. Mc Dowell . (cl Bruce Gould . 301 3 South Ogden. said I was wo ndering if a nybody o n the Council would happen 10 know if there are a ny pl a ns 10 have any mandatory wa tering restr ic tions during the upco mina su mmer wa te rin g season. Ma)o r Bradshaw said I ca n speak about what we have d iscussed o n the Water and Sewer Board. What I believe we decided was tha t "'e would e ncourage vo luntary watering and reco mmend watering two days a "eek. Mr. Gould ;,a ,d I be li eve that was the po licy last summer. Mayor Bradshaw said IMt year it wu e very three day,. Mr. Gou ld ,a,d o h. okay. Mr. G ulJ said "hether 11 ,s l\,o days o rthree days . I can tell you from ex perience. that none of my imme, a1e ne ighbors ... anJ those I see whe n I a m drivm s :around ... seem to be c:omply1n1 or ha ve ~n y ,ncere,t :it all in comp! mg . I th in k ·, 1s a prett y sc,ere ,ssue. he said . I happen IO ha ve llOfflC nctatit,lirs Englewood City Council February 18, 2003 Page3 who live very close to me who arc not on a meter and have made it very clear that, in their opinion, whether they water at all or let the water run down the sidewalks. they arc paying the same amount. So, indeed. I do see that kind of behavior from them. He pointed out that they have no incentive whatsoever to try to be responsible with their watering. Mayor Bradshaw asked Mr. Gould what he would suggest. Mr. Gould said I know that we have our own water supply, but I don't know where that comes from. I don 't know, in the future. what kind of requirements we are going IO need, insofar as firefighting and emergencies ... scenarios like that. Until people are faced with some kind of mandatory restriction. he said, there is no incentive whatsoever. And we are the only community, that I am aware of. up and down the Front Range, that doesn't have mandatory restrictions. You read it in the papen everyday. In Aurora, for example, there is a ban on planting. I am not quite sure, he said, why some people are not on meters. That in itself might get those people to comply. Mayor Bradshaw explained that meters arc nor mandatory unless a property changes hands . If a property has not changed hands, since 1980, they arc not required 10 put in a meter. Mayor Bradshaw introduced Stu Fonda. Director of Utilities Director Fonda said they are not required to go on a meter until the property changes hands. So. Oller a period of lime we now have two-thirds ... 60% to 65% ... and wc estimate that over the ne11t few years we will a lmost be. totally. metered. I think if we found someone wasting water like that and they arc on flat rate. we would require them to purchase a meter. Mayor Bradshaw said it will have 10 be on an, as reported, buis. Mr. Gould said you asked what my sugga;tion might be and I think tlw could be effective, if !hen: was a number people were aware of. that they could call lO report someone beina outlandishly inaponsible with thcif watering. If nothing else. maybe somebody could have a talk with them. You know it is not my job. and it wouldn't come across very well. if 1 were 10 try to approach these people . TIiey miaht tell me IO mind my own business. But, I really feel strongly about this and I think it is everybody's business. I certainly don't want to have anything draconian. where wc are really spending a loc of money tryiq to enforce these watering restrictions. but it seems like maybe there is somethina we could be doiq. something a linlc bit more we could be doing. 10 comply. because it just doC5n't seem like the voluntary res trictions. in my opinion. arc working at all . At least that is my opinion. That is all I WUlled to say . Thank you very much . he said . Mayor Bradshaw thanked Mr. Gould. Coun ci l Member Gmeu Sll id I think when we initiated voluntary ra;trictions we had a significant reduction in wa ter usage in Englewood. D 1re~1o r Fonda stated that c itywide we experienced significant reductions last year. almost on the order that Denve r "'a experiencing. We were s urprised and we believed that that was putty due to the fact that with th e every three day watering s y tern ... when it was your watenna day in Denver or 1n the odler-... you wo uld wa 1er ,,g mficantl y. Herc. he .aid. a lot of people were concerned about wa1erin1 too much 11ec- 1hey d ,d no r wa nt to [!O o n watering restrictions. But wc uw a lianificant decrease In our muimum pumpin g ra re,. ,omparcd \I Uh o ther years o f s imilar precipiWton. So we think the aenent aware-as there now Be 1hj1 a, 11 fflj y, he .aid. there are a number or people who v10la1C and ~ will be disc1m1na. a nd pmbablv deciding ,n Apnl o r May. what our ummenime IWld on this will be. Bue rip now . I behe,e "e '"II hj,e e111.1 ugh 10 M'll Ull lhrou 11h the ummcr af wc see 1,1m11tir cooperabOIL Mr. Fonda IIOlld lhjl It.> ~M tu mJndjlor re,1n~110 n, require 11n1tic an1 enforcenwm eftorts and 111 a ditficult thana If • t .. • • • Englewood City Council February 18, 2003 Page4 people, in the spirit of it , are trying to comply, it is much mo re convenient for them to not have to adhere st rictly to a schedule like they do in Denver and in other parts of the metro area . We do have adequate water supplies and we have very senior rights on the South Platte R iver, he said . 8. Communications, Proclamations and AppolntmenlS (a) A letter from William G . Belt indicating his resignation from the Englewood Code Enforcement Advisory Commillee was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO ACCEPT, WITH REGRET, THE RESIGNATION OF WILLIAM G. BELT FROM THE ENGLEWOOD CODE ENFORCEMENT ADVISORY COMMITTEE. Mayor Bradshaw asked if Council would like to send a letter to both Bill and Carol Belt as they have both contributed a lot. We may not have always agreed, she said, but at least they contributed and I think that is important . Council agreed . City Manager Se ars said they would put a leuer together. Mayor Bradshaw asked that he have all members of Council sign the leuer. Vote resullS: Motion carried. Ayes : Council Members Nabhoiz, Moore, Garrett, Wolosyn, Yurchick, Grazuiis, Bradshaw Nays : None 9. Public Hearin& No public hearing was scheduled before Council. 10. Comeat Apnda COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (U), (ill), (IT) ... (Y), 10 (c) (I) IDd (II). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO. 9. INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE REPEALING AND REENACTING TfilE I , CHAPTERS, SECTION I. OF THEE GLEWOOD MUNICIPAL CODE 2000. RELATrNG TO REAPPORTIONMENT OF ITY COU CIL DISTRICTS WITHIN THE CITY OF ENGLEWOOD. COLORADO. (1i l CO CIL BILL NO. 6. INTRODUCED BY COUNCIL MEMBER GARRETT BILL FOR A ORDI ANCE AMENDING TITLE 12. CHAPTER 2. SECTION 2. PARAGRAPH (C). UB ECTIO, ( I). BPARAGRAPH (d) OF THE ENGLEWOOD MUN1CIPAL CODE 2000 APPROVING A PERMITIED I DUSTRIAL FACILITY TO RAISE THE LOCAL. UPPER pH LIMIT TIO . tlll ) C'O IL BILL 0 . 16. INTRODUCED BY COUNCIL MEMBER RRETI .. • t • • Englewood City Council February 18, 2003 PageS A BILL FOR AN ORDINANCE AMENDING TITLE 12, CHAPTER 2. SECTION 3, PARAGRAPH B. SUBSECTION 8. AND TITLE 12. CHAPTER 2. SECTION 3. PARAGRAPHS D AND E, OF THE ENGLEWOOD MUNICIPAL CODE. CLARIFYING Tl-'.E SEWER FUND RATES . (iv) COUNCIL BILL NO. 12. INTRODUCED BY COUNCIL MEMBER GARREIT A BILL FOR AN ORDINANCE APPROVING TWO CITY DITCH LICENSE AGREEMENTS WITH REGIONAL TRANSPORTATION DISTRICT (RTD) ALLOWING FENCES TO BE CONSTRUCTED UPON ENGLEWOOD'S CITY DITCH RIGHT-OF-WAY. (v) COUNCIL BILL NO. 11. INTRODUCED BY COUNCIL MEMBER GARREIT A BILL FOR AN ORDINANCE APPROVING AN INl'ERGOVERNMENT AL AGREEMENT BETWEEN THE CITY OF EN u LEWOOD, COLORADO. AND CENTENNIAL WATER DISTRICT FOR LEASE OF ENGLEWOOD'S SURPLUS WATER. (b) Approval of Ordinances on Second Reading There were no items submitted for approval on second reading . (c) Resolutions and Motions (i) SEWER TAP AGREEMENT WITH WINGATE HOTELS. {ii) PURCHASE OF POWDERED ACTIVATED CARBON EQUIPMENT FOR THE UNION AVENUE PUMP STATION. Mayor Bradshaw asked if there was any discussion o r if anyone wanled to pull any item . There was no co mment. Vote results: Aye s: Nays : Moti o n c arried . 11. Regular Agenda Council Members Nabholz , Moore. Garrett. Wolosyn. Yurchick. Grazulis. Bradshaw None (a ) Approval o f Ordinances on First Reading Direc to r Ka hm sai d I wo uld like to apologize for being here this evening. Back on December 20. 2002 I was here as l.ing Coun cil 10 trans fer a parcel of ground to the Englewood Environmental Found ation. so that we rnuld go fo rwa rd wnh o ur redevelopment of the old City Hall s11e . Subsequent 10 Counc I doing that. , c Jid o ur 1i1l e co mmitme nt and the title commitment came back and said wc were doing really good. exc e p1 !h at p;i rt o f" hat we trans ferred is owned by the Urban Renewal Authority. So wc met with City Atto rn ey Broiz ma n. And 11 was determined that the way 10 clean up the title. al this point. would be 10 ask Co un ci l 10 a..:ccp1 th e par..:d ba..:k from EEF. There are three pieces to this. he said. Fim. I will ask you to a pprove Coun ci l Bill No . 13 a nd then Mark Graham will be here for the second one. Council Bill No . 14 . Mr. G r.ih am met" nh 1he Urban Renewal Authority and they have alfCCCI to deed dial over 10 the City. Th en the third 11 c m. Co unci l 8111 No . 15 . wilt be me asking you 10 give me the property back apan. t • • Englewood City Council February 18, 2003 Page6 Mayor Bradshaw pointed out that with all the projects Director Kahm has handled, if this is our only goof, then we arc lucky. Director Kahm said the good news is if we arc able 10 straighten this out this evening, we will still be able lo cl ose this in the middle of April and we will still be on schedule. Mayor Bradshaw said then it will not affect the closing dates at all . Mr. Kahm said that is correct. COUNCIL MEMBER GARRETI' MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 11 (a) (I), (U) and (ill), (i) COUNCIL BILL NO. 13, INTRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE ACCEPTING PROPERTY KNOWN AS PARCEL 2 LOCATED !MMEDIATEL Y NORTH OF ENGLEWOOD PARKWAY BETWEEN SOUTH CHEROKEE STREET AND SOUTH ELATI STREET FROM THE ENGLEWOOD ENVIRONMENT AL FOUNDATION TO CORRECT THE DEED. (ii) COUNCIL BILL NO . 14. INTRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE ACCEPTING THE TRANSFER OF PROPERTY FROM THE ENGLEWOOD URBAN RENEW AL AUTHORITY TO THE CITY OF ENGLEWOOD, COLORADO. (iii) COUNCIL BILL NO. IS. INTRODUCED BY COUNCll. MEMBER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING THE TRANSFER OF PROPERTY LOCATED IMMEDIATELY NORTH OF ENGLEWOOD PARKWAY BETWEEN SOUTH CHEROKEE STREET AND SOUTH ELATI STREET FROM THE CITY OF ENGLEWOOD TO THE ENGLEWOOD ENVIRONMENT AL FOUNDATION. Mayor Bradshaw asked if there was any other di1CUS1ion. There wu oone. Vote results: Ayes : Council Members Nabholz. Moore. Garren. Wololyn. Yurchick. Grazulis. Bradshaw Nays : None Motio n cu rried . Direc tor Kuhm th a nked Co uncil. We will try OOI to do this apin. he said . (b l Appro val of Ordinances on Second Readin& Th e re we re no item s s ubmitted for approval on second readina . Id Reso luti o ns and Motions 11 l Director Long presented a recommendation from the Library Depan-• to :1 J op1 a reso luti o n 11i.:reasin 11 Overdue Fines and L1mit5 at the En1lewood l'llblit Library . He said • - ask in g Co unc 1l 10 con,1der a raise m the Libraries O•crdue Fines llrllCIUl'e . The cunenl llnll:1lll'e 11111 been m pl J ce sin ..:e 19 85. At present. he said. the structure sets the fine Ill 10~ per day r« o-.lue- t • • • --· Englewood City Council February 18, 2003 Page7 from the main library and 3 cents a day for items checked out from the bookmobile. We checked with other libraries in the metro area, he said. and we found that four systems still stay with the 10 cents a day and two others charge 20 cents a day. We took this to the Library Board at their last meeting and Council Member Grazulis was there. They voted unanimously to support this. We are also asking that we raise the maximum from $2.00 to $5.00 for overdue items. One of the things we talked about was our Food for Fines Program that has been in place since 1990. And it was felt that this is a very good program for the community and, as an amnesty program. it encourages people to get the books back so other people can use them . The Board requested not only to continue the program, but also to have a secoud, shorter program. So in other words. two , two week programs during the year. So I would ask that you approve this request. He asked if there were any questions. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 31, SERIES OF 2003. RESOLUTION NO. 31, SERIES OF 2003 A RESOLUTION APPROVING AN INCREASE 1N THE STRUCTURE OF OVERDUE LIBRARY FINES AS AW A Y TO lNCREASE CITY REVENUE. Votensults: Ayes: Nays : Motion carried. Director Long thanked Council. 12 . (a) Mayor's Choice Council Members Nabholz, Moore, Garren, Wolosyn, Yurchick, Grazulis, Bradshaw None (i) Mayor Bradshaw said we did have someone speak this evenina about the uninsured proclamauon. Basically. the City receives five to ten proposed proclamations a week. depending o n the time o f the year. What we have decided to do. as a Council, is get the information out and let the Co uncil members dec ide which ones they want to support. I wonder, she said, if Council would like to recon,idcr the uninsured proclamation. Counci l Me mber Wo losyn said I wo uld like to make a comment. I know it was suggesled that - d1>m 1s,ed 11 q uic U y. but "'e d o read these ahead o f time . I might as well s peak honesaly. she said. about "hat I 1hm l about the proclamauo n )Stem. Sometimes I think it sort of flattens complex iMUCS and it is almo,1 Ju,1 J band -J1d . I thin!.. the uninsured issue is very complex and I don't often feel comfortable just pum ng out a procla mati o n o n some I uc like that , she said. That is where I am coming from . We respect .:a,h ot her and pass all son of proclamauo ns and. for each of us, it is probably for different reasons. So. he >J1d . I \\O ul dn 't o ppos.: 11 1f Council felt the y wanted to reconsider it. Cuun-sl Me mber G jrrcn ,:ud I wo uld hle to just make a comment. I apo ,gizc if you felt that -~ ,Jllln ,hrs tung 1h 1> par1 1c ular 1,suc. We do receive our packets on the Thw day prior to our meetinp and "'e ,pend the "eel..end re.Kl ing throujh it and mal1n11 decii.ions about how we feel about certain issues rehire "'c ,,,me 10 the mecung So. 1f 11 lool..cd hke we -,c only 111vin11 it a momenfs nonce II the m«un •. 11 \\J,n I Ju,1 tha1 a t lc J >I fro m m perspecuve. I apoloa1z.c . he~. 1f you -aiven ttw 1m p'C''.)H tO \)j,. ,r 8r .hl,hJ\\ J> cJ 11 Jn,onc d,e haJ an) ,nmmen1 t ,. • • Englewood City Council February 18, 2003 Page8 Council Member Grazulis said 1 concur with Council Member Garrett. We do think these things out. We do not pass all of them because there arc some issues, right now, going before the State Legislature and M>metimes we like to wait on the outcome. if we don't feel strongly enough that it would affect certain things within our City. because it is more of a nationwide issue. as opposed to a citywide issue and wc arc just one small part. Council Member Nabholz said I wouldn't necessarily oppose ii. Council Member Moore said I have no problem in agreeing to do the proclamation. Council Member Wolosyn said I don't have a problem in bringing it forward. Council Member Yurchick said I don't have a problem with bringing it forward. but what docs it accomplish? That is my question . If it addrCS5Cd the issue and did something for the issue I would support it 100%. Mayor Bradshaw noted that two weeks ago Council considered two proclamations. One wu opposina the war in Iraq and the other was regarding overpopulation. But, she noted, wc decided not to support either of those . So. she said, I am willing to go with what Council decided at Study Session. This docs not raise awareness. this docs not promote education. Council Member Y urchick said it is just fluff. Mayor Bradshaw agreed it is fluff. But. she said. I do think the Day of Remembrance proclamalion is real imponant so that we do not forget the Holocau~. Mayor Bradshaw said so. again, we did revisit the uninsured proclamation and the amwcr is 11ill no. Council Member Wolosyn said I appreciate and respect the comments and I am glad he came forward. (b) Council Members' Choice (i) Council Member Nabholz said my compur« bas been down for over a mondt. IT is working dcspcl'lltcly to try to fipre it out. I haw: a brand new second line and every lime you pick up the phone you can hear the fax machine ringing . If I lcaw: the compu1er on. then the phone won't riq. II is the craziest thing . So I can·1 receive e -malls. If anything comes up. she said. call me illllead . But they are going to be o ut thi s week somcume. she said. IJ. City Manapr's Report (a) City Manager Sears said just a rcrni~ that the Tri-Cities Breakfast Mcetina wdl be held Jt 7:30 a .m. at the Englewood Golf Course. with Shcndan and Littleton. The issues to be considered arc the Platte Ri,cr Improvement Pro)CCI Sl.ltus. Weslem Arapahoe Homeless Alliance ... the House of Hope. and "°me Arapahoe County '"ues with Comm111ioncr Susan Beckman. C-oun.:11 Membc:r Grazuh J>~ed ,f the mttting would be held on the 2a-. MJ)ur BrJd,ha" J1d )C • the 2 •. The) s:ud the)· had to have II on the 21•. IO we moved a -.ng 10 the t.J'° ,md then the),' ,Jn\C ba.~ and .:a"1 no. "e "111 ha\'C 11 on the 21•. Englewood City Council February 18, 2003 Page9 Mayor Bradshaw said we will al~ have people from Bow Mar, Columbine Valley and Foxfield, because we will discuss the West Nile Virus and the issues we need to address on that . We asked them just to come and hear what the Tri-County person has to say. Mayor Bradshaw asked how many Council membeR would be there? Council Members Grazulis, Yurchick, Wolosyn, Garrett, Nabholz and Bradshaw indicated they would be attending. 14. City Attorney's Report City Attorney Brotzman did not have any matters to brin& before Council. 15. Adjournment DSHA W MOVED TO ADJOURN. The meeting adjourned at 8:04 p.m. PLEASE PRINT PUBLIC COMMENT ROSTER AGENDA DATE: March 3, 2003 UNSCHEDULED YtlSITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES ... NAN ........ E ___ __,ADQR"""""'..,,..ESS""""'"-------------~ - ' .. \, ·~-- - ., \, fl -, - . -. .,,. J ..... \, AGENDA ITEM 8 ... • ~ -...--::"~ ';/fsr."~-·"' • ;~.,-.-,.,._,..,. "; ... .fr '> • ~ .. .J'-'\ S1.,...-_ L --o DATE: March 3, 2003 PLEASE PRINT NAME ·• • • • . / PROCLAMATION WHEREAS. the definition of"Liberty" is the condition of being free to choose, with an implication of wisdom, responsibility and voluntary restraint; and WHEREAS , the ultimate goal of Liberty Day is the protection and continuation of American Libenies; and WHEREAS, education is important to make all citizens aware of the significance and content of both the Declaration of Independence and the U.S. Constitution; and WHEREAS. with education. voten appreciate the nghts and responsibilities which protect our Libeny to be found in those documents ; and WHEREAS . Libc:ny Day is 10 encourage collaboratiOII between educaton. elected officials. and the general public to celebrate and preserve our Liberty. NOW. THEREFORE . I.BEVERLY J. BRADSHAW . Mayor of the C ity of Englewood. Colorado. hereby proclaim Marc h 16 . .2003 as LIBERTY DAY m th e C it y o f En gh:w ood a nd urge a ll or c 111 ze n to retlec t on the freedoms and Liberty eac h pcrso n ha s in thi s country g ive th .mks fo r that Libe rty guaranteed b the Unued State Co nstitut io n. G IVEN unde r m:,-hand ,.md ~eat the 3rd da) of March.1003 . Be , c rly J Bradshaw . Ma:,-or •· • RESOLUTION NO ._ SERIES OF 2003 A RESOLUTION APPOINTING LAURA BARTNICK TO TifE CODE ENFORCEMENT ADVISORY COMMITI'EE FOR TiiE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there is a vacancy on the Englewood Code Enfon:emen1 Advisory Committee; 111d WHEREAS, Laura Bartnick has applied IO lla'Ve .. a member of the EnaJewood Code Bafon::cmen1 Advisory Commiltcc; and WHEREAS, Laura Bartnick WU previously named u ID allll'llale IO die Bqlewood Code Bllfon:aneal Advisory Commiltcc; and WHEREAS, the Englewood City Council dclirea 10 appoial Lwa lllnllk:t 10 die Baslewood Code Enforcement Adviaory Committee; NOW, THEREFORE, BB IT RESOLVED BY 111BCJl'Y COUNCIL OP111B CJl'Y OF ENGLEWOOD, COLORADO, 'DIAT: ~-Laura Bartnick is hereby lppoinled 10 die llapwuod Codt IWa. I 111 AdYiaaly Conuniltcc with tcnn effective immcdialely 111d..,... .hlly I, :IIIIM. ADOPI'BD AND APPROVED dlil 3nl ol ,._. 3IIDS. A1TEST: .....,, ........ ...,. Loucrishia A. Bilis, City Clcrlt I, Loucrishia A. Bilis, City CJert far • City of...._,., Colorado, llcnby certify die above is a INC copy of Resolution No .~ Saia ol lill03. COUNCIL COMMUNICATION Date March 3, 2003 INmATEDBY Agenda Item 10 a i Public Works Department Subject Ordinance to accept the dedication of a 12-foot wide "Transportation/Utility Easement" along University Blvd. adjacent to the Korean Emanuel Church at 3095 South Universitv Blvd. I STAFF SOURCE Ken Ross Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved Council Bill No. 49 -An IGA with COOT to design and construct sidewalks on South University Blvd in October 2002. City Council approved Council Bill No. 54 -The University Homes PUD in December 2002, which calls for an acceleration/deceleration lane at their proposed access on University Blvd. City Council approved Council Resolution No. 102 -The University Homes Subdivision in December 2002. RECOMMENDED ACTION The Public Works Department recommends that City Council approve an ordinance to accept the dedication of a 12-foot wide "Transportation/Utility Easement" along University Blvd. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Korean Emanuel Church is contemplating a large building addition for their church to provide Sunday school classroom space at their facility . The Public Works Department has advised the church that a requirement for the building permit for this expansion will be for them to construct a deceleration lane on University at Dartmouth Avenue. This means University will need to be widened 12 feet Another requirement for the building permit is for the Church to build a 5 foot wide detached sidewalk along University. Th ese requi red improvements match the Public Works requirements for the University Homes PUD fo r Unive rsity Blvd . immediately to the north. The City is working with COOT to construct sidewalks along University Blvd. using TEA-21 dollars. Beca use of the stringent requirements that the Federal Government places on Federal Aid projects we w ould be forced to install this sidewalk in the existing ROW that currently exists. This would mean th at th e Ko rean Church would be forced to remove recently installed sidewalk improvements in o rder to build their required public improvements. As a result we proposed that the Korean Chu rch dedi ca te a transportation/utility easement that will enable the City to build the required sid ewalk improve ments in the required location that will allow for the street widening without the loss of th e new si dewalk improvements. The Korea n Chu rc h agreed to dedic.ate the easement and the City will install the sidewalk im proveme nts prior to o r in conjunction with the Univ ers ity Sidewalk Project ' • • FINANCIAL IMPACT The City will pay approximately $5,220 to install the required sidewalk. LIST OF ATTACHMENTS The City Easement Request Letter The Grant of Easement The Proposed Ordinance BY AUTHORITY ' ORDINANCE NO. SERIES OF 2003 1111.1.N0.17 t INTRODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE ACCEPTING DEDICATION OF A 12-FOOT WIDE TRANSPORT A TION/lITILITY EASEMENT ALONG UNIVERSITY BOULEY ARD IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, City Council approved Council Bill No. S4, the University Homes PUD, in December 2002; and WHEREAS, this PUD calls for an acceleration/deceJcntioo lane at its proposed accesa on University Blvd.; and WHEREAS, the Korean Emanuel Church is contemplating a large building addition for its church, and Englewood Public Words Department requires a deceleration lane on University at Dartmouth Avenue as a building permit requirement; and WHEREAS, another requirement for the building permit would be for the Korean Church to build a 5-foot wide detached sidewalk along University Blvd.; and WHEREAS, these required improvements match the Public Works requirements for the University Homes PUD immediately to the north; and WHEREAS, the Korean Church has already installed sidewalk improvements; and WHEREAS, the City is working with COOT to C0111truct aidewallta aJooa University Blvd . uaing TEA-21 dollars; and . WHEREAS, the Korean Church bu aan,ed to dedicate tbe euemeat, and tbe City will install the sidewalk improvements prior to or in conjunction with tbe University Sidewalk Project. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section 1. City Council hereby accepts the Grant of Easement of a 12-foot wide transportation/utility easement along University Boulevard dedicated by the Korean Church to the City of Englewood for deceleration/acceleration lane and sidewalk purposes, which Grant of Easement, consisting of three pages, is attached hereto as Exhibit A. Introduced, read in full, and passed on first reading the 3"' day of March, 2003. • t .. • • Published u a Bill for an Ordinance on the.,. day of March, 2003. Beverly J. Bradshaw, Mayor Attest: Louc:risbia A. Ellis, City Clerk I, Loucrisbia A. Ellil, City an for the City ofF.qlewood, Colorado. hereby certify lbat the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in fbD, IDd paascd on tint reading on the 3111 day of March, 2003. Loucrisbia A. Ellis GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS, that Korean Emanuel Church located at 3095 S. University Blvd., County of Arapahoe, State of Colorado, for and in conaideratlon of TEN ($10.00) DOLLARS, and other good and valuable consideration, does hereby grant and convey to the CITY OF ENGLEWOOD, a Municipal Corporation duly organized and exlallng under and by virtue of the constitution of the of the State of Colorado, an easement and right-of-way for sidewalk, traffic control, and utility purposes upon, across, in, through and under the following described real property situated In the City of Englewood, County of Arapahoe, State of Colorado, to wit Tranapo,tationlU Easement, 3095 s. University Blvd. Legal Description is attached hereto as Exhibit A and Incorporated herein by refer.nee. reserving, however, to the undersigned, its successoni and assigns, the right to utilize and enjoy the above described premises providing Grantor reserves the right to use said euementB for purposes which will not interfere with the ability of the public to travel through, or construction, maintenance, repair, inspection and operation of the transportation and utlllty improvements and providing further that the Grantor shall not erect or construct any building or Olher structunt, which would Interfere with any reasonable use by the Grantee. and the City lhd not be liable for nmoval thereof If so placed. SIGNED AND DELIVERED this (,i l1 LJ t'\ STATE OF COLORADO ) COUNTY OF /J,e,1~.,:/" : ss ) ~~~~ By. ' ~ cw y Cho, · of Bulldlng Committee Grantor A The foregoing instrument was acknowledged before me this ~ day of a:>arrr , 200.1.. by fo,.,, r:,,, /!/uz as ~•«c..-urrs '* 6«,ul&~ ~--;.,,..- ol 3095 S. University Blvd . Englewood, CO 80110 . Mr Cmnmillilln ElpllaM!II W • 13111!. ... 0-..CO ... My commission expires : --------- ..... ~-~~~~ -==-~======----~Public Address:---------• I " • ) LEGAL DESCRIPTION Tramportation/Utility Easement, 3095 S. University Blvd. TIIE EAST l2.00 FEET Of THAT PARCEL OF LAND RECORDED AT RECEPTION NO. A9099824, COUNTY OF ARAPAHOE. ST A TE OF COLORADO, LOCATED IN TIIE NE l/4 OF SECTION 35, RANGE 68 W OF TIIE 6111 P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE SOuraEAST CORNER OF LOT l, BLOCK 2, HAMPDEN Hil..LS BAPTIST CHURCH SUBDIVISION, TIIENCE NORTH ALONG THE EAST LINE Of LOT l A DISTANCE OF 261.46, TIIENCE WEST PARAU.EL wrra THE SOUrH LINE OF LOT l A DISTANCE OF 12.00 FEET, TIIENCE SOUI"H PARAll.EL WITH THE EAST LINE OF LOT 1 A DISTANCE OF 261.46 FEET TO TIIE SOUI"H LINE OF LOT l, TIIENCE EAST ALONG TIIE SOUI"H LINE OF LOT l A DISTANCE OF l2.00 FEET TO TIIE POINT OF BEGINNING. CONTAINING 3,l37 SQUARE FEET MORE OR LESS (. "' F ... l i Ii C: ~: "\ : :> <. !" Survevor's Statement z z;.;.--- 1 '': 50' 3o~ 5 ~. CJ"'1IJC#Ul"l'"r Rc""IOJ No. I, ?o9, 32 + Z.6 1.4',' fession31 Land Surveyor 63~ , / // .. · /'!:::! Dared October 29, 2002 ,, t .. • • \ . I j ! ( ,.,, !.~ 0.-, eo,,,pa,,y, ~:,n w. C..... Ct. Limstorl. CO 80125 (:50:5) 791-1600 (:50:5) 791-17'!0 Fae (600) 2&.5-2902 (ColorM> Only) :334C Eait uie v.-SC. Colonwlo Spr;nge. CO 809:31 (719) :392-00:50 (71 9) 392-3502 FaK -------- ·---------·----- -----·-f ·, ·-. ---f --. ,.....,. ... -i t' .. --< · ___ · .:.·~ ~ 1 t-L -- t -~ --· ,...- i- ----------------------··---------------~-+I----_--_-_-_-_-.----------------~--~_--- . . · I-. . t--.. .....-:...::.:.:..: :....-1-==-_:-=-.. -:.. · __ _ . t·-=··::f-. ·:·-::-.... ~: ::..· ~-- . .., . --... ------------t---.----,~-~....,----,----· -4 -·--·- ' .... I~ ----. -. ·-.... ----·--------+-------------------- .... ":::"'·=-~~' ;.;r ·---.· .:_ • r .• .J ., :' ...... ,. .::" t ; ... ~ ... .;""'!•-* I-.. . i . 1 ::-e~ ~ ;.."fl(;,.,. .. 9:o, ~,; "--.i:r:# ~ 'Cl! k-...c ... ~ ORD.!NAMCti NO. SDIBS OP 2003 - BY AUTHORITY (UilJfCIL BILI. NO. 6 l'N"rilODUCED BY COUNCIL MEMBER GARRETI AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 2, PARAGRAPH (C), SUBSECTION (I), SUBPARAGRAPH (d) OF THE ENGLEWOOD MUNICIPAL CODE 2000 APPROVING A PERMI1TED INDUSTRIAL FACILITY TO RAISE THE LOCAL, UPPER pH LIMITATION. WHEREAS, all industries that would be affected by the changes in pH limitation were notified and given 30 days to comment; and WHEREAS, the new limit is less restrictive than the current limit and will be beneficial to industrial users; and WHEREAS, the new limit will not have a negative impact to the wastewater plant or the collection system; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. Title 12, Chapter 2, Section 2. Paragraph (C), Subsection (I), Subparagraph (d) ofth<" Englewood Municipal Code 2000 is hereby amended to read as follows: 12-2-2: Geaenl Repladoaa C. Spedflc Prohlbldoas I . (d) Any wastewater having a pH less than S.O or more than -MM)~ unless the POTW is specifically designed to accommodate any such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment and/or penoMel of the POTWt. 1N11111 diel wai, 11'11 -y he &ftftlld fer ee11tiR .. ews Aew di•haftes nhieh are 111e11i1e11ett ee111in11e111ly II) a11ta1Mlia 111e11i1efi11g e1111iplft111I. S11eh wai 11'11 ffllY he 11p11li1d le 11ll 1Ne-i1111" hi•h-alieve 10 pH llfti11 as NI iaflh i111ha biMl11ea4:11gll'bv8N '"···~ .... + ........ Plant palie, re, ,11 efflweRI liMiU11ia11s ••• eeRlinttewa 111eni1elia1 er.---,1, 111aei18fta1 re, ee111iRwe11;1 diaeMl'les . Sweh ,, ai, ,., MH8t al• he i11 ea111plieae1 zwilh ell FNl,al l'l!g11l11ieM and g11idelines . Section 2, Safm Clauses . The City Council hereby finds , dcrermmes. and dcclara that 1h1s Ordinance i promulgatrd under the gmeral police power of the City of Englewood, that it is prumul gnted for the health, safety , and welfare of the public, and that this Ordinance II necessary fo r 1h.: pre er. a1ion of health and safety and fOf the procecuon of public coa"erumce and welfare . t • • The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. Severability . If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4 . Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section S. Effect of ~peal or modificatjon. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes ofsustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions . Section 6 . Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on tint reading on the 18th day of February, 2003 . Published as a Bill for an Ordinance on the 21st day of February, 2003 . Read by title and passed on final reading on the 3n1 day of Man:h, 2003. Published by title as Ordinance No. __ , Series of 2003, on the..,. day of March, 2003. Beverly J. Bradshaw, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I. Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby cenify that th e above and foregoing is a true copy of the Ordinance passed on final readina and published by ti1l e as Ordinance No . __ • Series of 2003. Loucrishia A. Ellis 2 • • OlU>INANCE NO. SERIES OF 2003 BY AUTHORITY COUNCIL BILL NO . 9 INTRODUCED BY COUNCIL MEMBER GARRElT AN ORDINANCE REPEALING AND REENACTING TITLE l, CHAPTERS, SECTION l, OF THE ENGLEWOOD MUNICIPAL CODE 2000, RELATING TO REAPPORTIONMENT OF CITY COUNCIL DISTRICTS Wl1llIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Council established the current Council District boundaries by the passage of Ordinance No. l S, Series of 1999; and WHEREAS, pursuant to Article m, Section 20, of the Englewood Home Rule Charter, the four Council Districts establiabcd shall be contiguous and compact and have approximately the same number of registered voters, and every four years Council shall make such divisions, changes, and consolidations necessary to carry out the intent of Article m of the Home Rule Charter; and ' WHEREAS, the Englewood City Charter requires that the number of registered voters should vary no more than 15% between the highest and lowest Council Districts; and WHEREAS, the Colorado Revised Statutes has a population provision that case law supports, even though the provision is not made specifically applicable to municipalities; and WHEREAS, the Colorado Revised Statutes provision stipulates lhat the population districts reflect no more than a 5% differential between the most and the 1eut populated district; and WHEREAS, the proposed reapportionment meets bolb the population and retptlered elector criteria; and WHEREAS, the proposed ffllistrictina meets the rqiatered eleclor criteria of the Englewood Home Rule Charter with a 5% dift'erential; and WHEREAS, pursuant to population requirements establisbed by the Colorado Revised Statutes and the Constitution of the State of Colorado, Article V, Section 46, the proposed rerl'istricting meets the population criteria with a 3 .8% differential; and WHEREAS , the Englewood Home Rule Charter requires that reapportiomnent be completed at least six months prior to the general municipal election (November 4, 2003) at which it is to become effective ; and WHEREAS, the En&Jewood EJcctioa Commislion is charpd with reviewina and recommending reapportionment to City Council; and WHEREAS, the Englewood Electioa Commission reviewed the apportionment and recommends the proposed reapportionment • • -- ) 0 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado, hereby repeals and reenacts Title I, Chapter S, Section 1, of the Englewood Municipal Code 2000, to read as follows: l-5-l: COUNCIL DISTRICTS: A, Districts Described, fcach disttict is located in the State of Coloradg and the Countv of Arapahoe Council District Ng CoYPcil District No 1 1hall include and be comprised of all thag portion of the Citv Ivins northerly and wgtqly Pf tbs follpwins 4Pcribpd line· Besiooios at the ipgp;ctjgg of the ESPlFrline of Wat Kpnygn Avmue and Jhs we,tsly Citv Limit tins of &slewoo¢ thence s;gtq;Iy aloos aid elFfline of WmS KGPYPP AxGPMG to Jhe iptp;ctigp at South Brpadwav· tharce nqrthqly aJgps the f:Altqlins of Squth Qrpadwav to the iptp;ctiog at East F)gyd Ayepµe· Sbmg; EMWJy alPPB the 9FD&Gtlinc gf Easg Floxd AYGPYF to the iogp;ctigp at Squth Dgwpipg Street; Jhcocs nqrthqly alPPB the centqlioc of South Dowpins Sq;eg to its intcoestiPP with the nprthqly CiEY Limit line, Coyncil Qisgjct No 2 CoYPcil Dsct No 2 shall iPGIY4c and be gpppriagl of all tha& portiop of lM Citv Ivins PArthsix IP4 FIIICidx oftbe fo11owips dsesdbpd line· Pctriuoios • the inJFiOAGtiPP of the GMSsly prpJgpptjgp of the FfPtgljps gf f,ast Kmygp AYPPF IP4 Jhc ww:Jy Citv Lunit Jipt; of Eo1lswoo¢ thmrrc wgtg1y elms MW Gellfllips pffcea Kppygp AYSPHC to the iptegectigp II Sguth Broadway· Sbmsi pgrthqly ll9PB du; frSPl5rljpp gf South Qrpadway to the ipb;gpctigp at f,ast floyd AYFPYC' Jbe5c ww:Jy elqps Jhs FrSP!SliPG of Eyt Flovd Axemu; to lbs iptp;ctipp at Sguth I>qwpins Sq,;eg; !bcioai pprths;rly ws the cGPterline of South Qowpins SUJFS to iY immes;tigp with the pgrthqly City Limit lillG. Council DisUict No , J Council Pisttict No, 3 shall iPSIY4E and he f9D)PDK4 of all that portigp oCJhs Citv boYP4esl bx the followios dgctjbpd Jig · Bcsinoio1 at the iptpJpcpgp ofths wJFrlx oroloosatioo of the GFDWlioe of fMt Kavoo AxSPYF IP4 ttae ww:Jy City Limit liPF of Eoslewogd · thmss wgtp;ly alms MW smse:Jinc of fcea Kexm AxSPYS IP Jhs intersestiPP at South Quwlvx · sbcnss gyptipuips WSllP1x e!ms JM rmssrta; of West Kenxon AYFPYC to its iptgssctigp with Jhc WPlCdx City Limit lipc pf fnosJswgod; thence southwwcdx 11201 MW wgtg1y CMY J imit w IP ill iplpJectigp with the centerline 11 West Oxford AYSPHC · tbcoos necdx ,me ekl smacdips of Wes Oxfqgt Axm ue to the ioscoc;qigp N South Qslgag $RF#i sbcnss enbsdv alsm1 th e &CPSFdiPs 2 ... • • .. • ' • • of South Pslawar:s sqeeg SP the iulPJSFtiPP II Wal Stapfqrd Ayenys· thenf:e GMSGllx alPPB tlJG 5i:SP1SliPS g[Wpt SPQfqrd AvFPYCi 19 lhc jgtpy&tigp I& South Qrpadway· thFPGG m¥x alms the wmYMi of Sgutb Bme4nx lP tbs iptsqectigp at fcast UeQexiew Axawr Sbmrs EIISe1x IIPPB Jhe FEJltqljpe of Egt Qelleyjew Avaue to its iptqsectigp with the Citv I irnit lipc; Sbarrs fd!OSim1ins EIISe1x pd pgrtbsly alPPB 18id Citv Limit liPG lA dJe jpqppctigp with tlJF 51'.PIOOPtiPP pf the SirGPlm1ipc of fcast Kgpygp Ayegus; pid pgipt "'9 beinB the Poipt of PelriPPK Cguncil Din No, 4 Council QilJrict Ng i pall iPEiJMIF pd )F MPllB:inr4 of ell that portiop of the CiJX Mos IIOUthqly pd wflllFrlx gf the mHowipg dnlfrW lioe· Besiooios II the jntpryctigp of the SSPIFJliOF gf Wpt Od'pnl Ayepyg IP4 the wgtpjy Cjty I jmjt lioe offrpslncP94; SbSlff EIISe1x elms Hi4 !i:PttP:liec of Wgt PJf'enJ Ayga,g IP the io1PJSSiop II South Psilwws Strg;t; Sbeoss wnnbsbr elms the SPdFdiec gf &,lib Psilwws $mt IP Sbe jptsgpctjop e& Wpt Stan(qgl AYPPfS· Jbsvss ml!!dx elms the SPdFdioe ofWpt Sgyfqgt AYPPF IP the iPIFPeFliAP e& 5ellb Rme4nx· Sbeoss DObe:bc elms the f:AlWlioe of Squtb Bgtpy to the iomn1iT e& fcut BePFxiew AYPPfS· SbSlff ee,tqly elws the !i:PttP:liPF of feint Bellexiew Aygwc IP its ioVm;tjgp with the CiJX Limit IP B F,qviYAleos $i¥ Das Qty Coupejl fio4e 4Ftmoioee eo4 4eslme that the (our <i> di!Jristl, M bmbJeboYF Cllb!i,W gpgjp 9 RIPlneWY gpjlp; pJgphp; gf tjtjppe M fkMmli'PI by tlas 2Q90 Cm,p Aseme, Da MPI Pldlin I eirnPs rupplp; of m,j11FEP5! Y9IFP MN ttriffl hv OIF PJPPbs e{m,illfl4 Y9IFP M e(Prmnbn: I] 2002 ""the YlriNR amw t1as 4eiFS d t1as Nsbsl wppJp; ofmsillnl Y9IFP pt tlas diflrict wjtb IF lenM DtRRbm of 'ISW'l4 ypgg ii PAS in nme of fiftp;p pe,gp1 <IS%} c Apppfliem AQ tqritgy ITPml IP tip qty wU be IP4 bsrn ;a WI of IN Cwn?I dip tp phich Jhc Mi4 dpieg ;, gptjrea. yptil • PPIF H ... Cen;il lbell mctimiS the Cjty lnttoduced, read in full, and passed on fint readiaa OIi tbe 18th day of February, 2003 . Published as a Bill for an Ordmanc:e oa tbe 21• day of February, 2003. Read by title 111d passed on final roadina oa tbe 3,. day ofMan:b, 2003 . ) • t .. • • Published by title as Ordinance No._, Series of 2003, on the 7" day of March 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 paued on final readiq and published by title as Ordinance No. __, Series of 2003. Loucrishia A. Ellis 4 BY AUTIIORITY OI.DINANC.'E NO. --• SERIES OF 2003 COUNCIL BILL NO. 11 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN TIIE CITY OF ENGLEWOOD, COLORADO, AND CENTENNIAL WATER DISTRICT FOR LEASE OF ENGLEWOOD'S SURPLUS WATER. WHEREAS, Englewood and Centennial WIier District have bad a ''Water Supply and Facilities Agreement'' since 1980 by which tbc City bas leased raw water to Centamial; and WHEREAS, there is a need to create a new lp,emeot to reflect changes in conditions and to clarify the duties and benefits oftbe parties, u well u tbc amount and price of water which the City of Englewood will 1111pply to Centennial. NOW, TIIEREFORE, BE IT ORDAINED BY TIIE CITY COUNCIL OF TIIE CITY OF ENGLEWOOD, COLORADO, TIIAT: ~. City Council oftbc City ofEoaJewoocl, Colorado, baeby adopts tbc lntergovcmmcntal Apee:ment with Centennial Water District, which Apeemeat is oa file with the Englewood City Clcrt. Sectiop 2, The Mayor and City Clcrlt arc hereby llltborized to sign and lltelt uid Agreement for and on bcbalf of the City of Englewoocl, Colorado. Attest : Introduced, read in full, and passcd on fint readina on tbc 1 '/" day of February, 2003. Published u a Bill for ID Ordinance on tbc 21• day of February, 2003. Read by title and passed on final readina on tbc 3~ day of March, 2003. Published by title as Ordinance No . --J Series of 2003. Beverly J. Bndlbaw, Mayor Loucrishia A. Ellis, City Cleric 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 puaed on final reading and published by title as Ordinance No._, Series of 2003. Loucrisbia A. Ellis BY AUTHORITY OQINANCE NO . __ SERIES OF 2003 COUNCIL BILL NO. 12 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE APPROVING TWO CITY DITCH LICENSE AGREEMENTS WITH REGIONAL TRANSPORTATION DISTRICT (RTD) ALLOWING FENCES TO BE CONSTRUCTED UPON ENGLEWOOD'S CITY DITCH RIGHT-OF-WAY . WHEREAS, City Council previously passed an Ordinance for the City Ditch Joint Use Agreement with the Colorado Department ofTransponation; and WHEREAS, at their February 11, 2003 meeting, the Englewood Water and Sewer Board now recommends Council approve two City Ditch License Agreements with RTD for fencing along the City Ditch; and WHEREAS, the fences will be constructed in conjunction with the Southwest Corridor highway improvements along the City Ditch on Santa Fe from County Line Road to Prince Street in Littleton. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. The two License Agreements for two locations wbeR fencing improvements span the City Ditch on Santa Fe from County Line Road to Prince Street in Littleton, attached hereto as Exhibit A and Exhibit 8, are hereby approved. Section l. The Mayor and City Clerk are authorized to sign and attest said LiCCIIIC Agreements for and on behalf of the City of Englewood. Attest : Introduced, read in full , and passed on first reading OD the 18" day of February, 2003. Published as a Bill for an Ordinance OD the 21• day of February, 2003. t .:ad by title and passed on final reading on the 3,.. day of March, 2003 . Published by title as Ordinance No._, Series of 2003, on the 7"' day of March, 2003 . Beverly J. Bradabaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the foregoing is a true copy of the Ordinance assed on final reading and published by title as Ordinance No. __ , Series of 2003 . Loucrishia A. Ellis BY AUTHORITY .... .,._ OF2003 COUNCIL Bll..L NO. 13 INTRODUCEDBYCOUNCll.. MEMBER GARRETI' AN ORDINANCE ACCEPTING PROPERTY KNOWN AS PARCEL 2 LOCATED IMMEDIATELY NORTII OF ENGLEWOOD PARKWAY BETWEEN SOUTH CHEROKEE STREET AND SOUTH ELA TI STREET FROM TIIE ENGLEWOOD ENVIRONMENTAL FOUNDATION TO CORRECT TIIE DEED. WHEREAS, the prior transfer of this parcel to Englewood Environmental Foundation resulted in a defect in the deed for this parcel; and WHEREAS, it is necessary to transfea-the propeny back to the City of Englewood so that the deed may be corrcc:ted. NOW, TIIEREFORE. BE IT ORDAINED BY TIIE CITY COUNCll.. OF TIIE CITY OF ENGLEWOOD, COLORADO, TIIAT: ~-The City Council of tbc City of Englewood, Colondo, hereby acccpcs the property known u Parcel 2 1oc:ated immcdialcly north of Ena1cwood Pultway between South Cherokee Street and South Elati Street fiom tbc Eoglewood Eovironmcnlal Foundation u shown OD attached "Exhibit I". 2003 . Introduced, read in full, md puled on tint rcadina on tbc I .. day of February, 2003. Published u a Bill for an Ordinance on tbc 21• day of February, 2003 . Read by title and paued on final readina on the 3"' day of March, 2003. Publisbed by title u Ordinance No.___, Saia of2003, on tbe 1*' day of March, ee-ly J. Bndabaw, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. EUis, City Clerk for the City off.nalewood, Colondo, benby certify the above and foregoing is a true md com,ct copy of• OrdiDance puled on final readina and published by title u Ordinance No.___, Series of 2003 . Loucrilbia A. EUia • • BY AUTIIORITY SERIES OF 2003 - COUNCIL BILL NO. 14 INTRODUCED BY COUNCIL MEMBER GARREIT AN ORDINANCE ACCEPTING nm TRANSFER OF PROPERTY FROM 1llE ENGLEWOOD URBAN RENEWAL AUTIIORITY TO nm CITY OF ENGLEWOOD, COLORADO. • WHEREAS, with the redevelopment of the Cinderella City uea IDd the rea1ipmcnt of Girard Avcuuc, this small parcel, consisting of approximately 18,020 aquare feet, is of no practical use to the EURA; and WHEREAS, the most appropriate use is parking in conjunction with the former City Hall site; and WHEREAS, the transfer of this parcel will facilitate the redevelopment of the old City Hall site and would return the property to the property tax rolls within the urban renewal area. NOW, nmREFORE, BE IT ORDAINED BY nm CITY COUNCIL OF 11IE CITY OF ENGLEWOOD, COLORADO, THAT: Section l. The City Council of the City of Englewood, Colorado, hereby accepts the transfer of Lot 1, Block 2, of the Girard Place Subdivision, to the City from EURA. 2003. Attest: Introduced,~ in full, mid passed on first reading on the ls-' day of February, 2003. Published as a Bill for an Ordinance on the 21• day of February, 2003. Read by tide IDd paaed on final reading on the 3,. day ofMan:h, 2003. Published by title u Ordinance No.__, Series of 2003, on the.,. day of March Beverly J. Bradshaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above and foregoing is a true and comet copy of ml Ordinance passed on final rcadina and published by title as Ordinance No . __, Series of 2003. Loucrilbia A. Ellia BY AUTIIORITY SERIES OF 2003 COUNCIL BILL NO. 15 INTRODUCED BY COUNCIL MEMBER GARRETI AN ORDINANCE AUTIIORIZING THE TRANSFER OF PROPERTY LOCATED IMMEDIATELY NORTH OF ENGLEWOOD PARKWAY BETWEEN SOUTII CHEROKEE STREET AND SOUTH ELATI STREET FROM 1lffi CITY OF ENGLEWOOD TO THE ENGLEWOOD ENVIRONMENTAL FOUNDATION. 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 p ·eel, containing approximately 30,975 square feet, offers few development possibilities b itself; and WHEREAS, the m'>st appropriate use is parking. either in conjunction with the former City Hall site or as additio1.al parking for the Pbar-Mor site; and WHEREAS, the owners of the Pbar-Mor site have indicated that they have no interest in this property; and WHEREAS, the prior transfer of this parcel to the Englewood Environmental Foundation resulted in a defect in the deed for this parcel; and WHEREAS, it was nec:essary to transfer the property baclt to the City of Englewood so that the deed may be corrected; and WHEREAS, this transfer of property to Enalewood Environmental Foundation will facilitate the redevelopment of the old City Hall Property at 3400 S. Elati. WHEREAS, this transfer will raene to the City existin& utility euaneat1 NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~. The City Council of the City of Englewood, Colondo, berd>y authorizes the transfer of the property shown on Exhibit A located immediately nonb of Englewood Parkway between South Cherokee Street and South Elati Street from the City of Englewood to the Englewood Environmental Foundation. Section 2. The Mayor and the City Clerk are hereby authoriziccl to sip and atteat said documents for the transfer on behalf of the City of Englewood, Colorado . introduced, read in full, and paued oo first readin& oo the 1~ day ofFebnaary, 2003 . t .. • • 2003 . Attest: Publiabed u a Bill for an Ordinance on the 21• day ofFebnwy, 2003. Read by title and passed on final reading OD the 3n1 day of March, 2003. Published by title u Ordinance No.___, Series of 2003, OD the 7* day of March, Beverly J. Bradabaw, Mayor Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk for the City ofEnalewoocl. Colondo, bcnby certify the above and foreaoi111 is a true and c:omct copy of an Onlinance paued on final readiq and published by tide u Ordinance No.___, Scriea of 2003. Loucriabia A. Bllil BY AUTHORITY ~--COUNCIL BILL NO . 16 INTRODUCED BY COUNCIL MEMBER GARRETT SERlES OF 2003 . .\N ORDINANCE AME NDING 'nTLE 12. CHAPTER~. SECTION 3. PARAGRAPH 8 . SUBSECTIO N Ii . AND TITLE 12 . CHAPTER 2. SECTION 3. PARAGRAPHS D AND E. OF THE ENGLEWOOD MUNICIPAL CODE. CLARIFYING THE SEWER FUND RATES WHEREAS , the :unending of Title 12, Chap.tcr 2. Section 3, Englewood Municipal Code, will clarify the new sewer rates . NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. THAT : ~ Title 12, Chapter 2. Section 3, Paragraph 8 , Subsection 8. is hereby amended to read as follows : 12-2-3-8-8: The following rates shall become effective January 1, 2003 : Rate increase : 1.2 Sewage Treatment Charge Sl.0049 Collection system Charge S0 .1337 Total : Sl.1386 SCHEDULE! SCHEDULEU SCHEDULE IU SCHEDULE IV In Ci.ty In City O....City 0-.-City City S.wers Diatnct S.wers Dutrict s-,. DiMrictS.u,crs Cu.atorMr Claa Bilud Quarr,rly Bilua QIUU'W'ly Biu.d .-wwaUy Billed Quartrrly Flat Flat Flat Flat Rate Min. Rau Min. Rau Min. Rau Min. SiJl&le Family $23.94 S:?l .iS $21.12 Sl9.20 188.56 S80.64 S22.14 $20.16 Dwellinc :\lulti Family Per :514 .82 SlJ.50 $13.08 Sll.88 164.96 $49.92 113.i4 112."8 C rut ~lobile Home Per $9.~ $8 .:.?8 :Sl!.04 17.32 133.84 S30 .72 ss .~ S,.68 L'rut Co mmeric:tl & lndusmal , by meter size l !.,,9. S33.00 :130 .06 :529 .16 £26.52 1122.'IO ll!l.36 130.60 $27 .a.t Jf," :550 .10 S-'5 .oO W .:!2 S40 .26 1185.7 6 1168.96 $46 . .W 142.:!4 l .. $83 .1 0 S,5.60 $73.38 S66.78 l308.16 l280.32 177 .04 170.08 l v,• :5 166 .:!0 :S l51 .:.?6 Sl~.iO 1133.50 MUl.32 SN0.64 1154.08 Sl,&0 .16 , .. $266.-IO :52 -4:!.-4 6 $235.U S213.96 1817.80 1898.80 1246.90 12:?-l.iO J" S5 31.i2 ~.S4 5469.32 :5427 .02 11,970.88 Sl.793.76 $492.72 1448.-14 1 $83 1.12 S,56.36 S,33.56 ser..541 13.0I0.88 12,803 .88 S770.!!!! 1700.92 O" S1.oi6 2.30 U .51 :?.72 u.~-;.12 Sl.335.06 N.112.00 15,607.36 11.540.50 IUOl.14 a· S:?.6-'l.32 :S :?A 03 .60 S:?.3:?4 .3-' 12.115.12 18,711.70 18.910..2 S2."4'i .88 12.:?2'7 .62 10" 13.7 96 .92 :S3 .-'55.:!2 $3 .3-'l.3" $3.040 .56 IU.075.64 112.808.80 13.516.88 13.202.:?6 ::VIinimwn charges both inside :md outside the City are ninety-one percent 191 ~) flat rate chazp for the cust omer class involved . s ... peaded S.lili1 Per Pe1111d Q l ~.1-e l atl898 6aMee M ., s f eapaait, 809 ""'""" d•..' lllf eapaetf!' Si ,. ..... ma, •f .. ,._.,. t • • Section 2. Title 12, Chapter 2, Section 3, Paragraph D, of the Englewood Municipal Code is hereby changed to read as follows: 2-2-3-D: If any water or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in subsection 12-2-2B above and, in the judgment of the City, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the City shall also charge the following fees and take such enforcement action in accordance with Section 12-2-6 of this chapter as the City deems advisable. The Cjty shall also require payment to cover the added cost surcharge of handling and treating the wastes considered as "industrial wastes" by imposing the following formula: SC SC Q 8.34 UCo AOD COD BODs UC, ss 200 300 500 (i) (ii) Q x 8.34 [UCo (AOD) + UCs (SS 300)] annual surcharge in dollars and cents volume of sewage discharged to the public sewer in million gallons per year conversion factor; I gallon of water to pounds Unit Charged for AOD in dollars per pound lfmQ is less than 3.0, then A0D=(BOD5-200 mg/I BOD5 lf@Q is greater than 3.0, then AOD = (COD-500 mg/I B0D5 Additional Oxygen Demand strength index in milligrams per liter Chemical Oxygen Demand strength index in milligrams per liter 5 day Biochemical Oxygen Demand strength index in milligrams per liter Unit Charge for SS in dollars per pound (59.93•4) ($0 0389) Suspended Solids strength index in milligrams per liter normal BOD5 strength in milligrams per liter normal SS strength in milligrams per liter normal COD strength in milligrams per liter The application of the above formula provides for a surcharge for BOD, COD and for SS . If the strength index of BOD, COD or SS is less than the base number that is being subtracted from it, then there shall be no surcharge for that particular category, nor shall there be a credit given to the total surcharge. Settjon 3. Title 12, Chapter 2, Section 3, Paragraph E (I) is hereby amended to read as follows : 2 • E. Industrial Cost Recovery (ICR): I. Industries affected shall be those identified in the Standard Industrial Classification Manual, (SICM) 1972 as revised, divisions A through I with the specific exception of those industries which discharge only nonprocess, segregated domestic wastes or wastes from sanitary conveniences. Affected industries will be classified as follows: a. Significant industrial users shall be monitored to determine strength levels. This shall be accomplished according to a pretreatment program established by the City. The results of sampling and analysis will be recorded in the utilities office, reponed to the affected industry and reported to regulatory agencies per this current directive. b. Payment rates shall be computed for ICR customers based on the following basic capital costs of the Bi-City plant: Q (volume): ~ $552 15 per 1,000 gallon day of capacity BOD: ~ $36 57 per pound day gfcapacjty SS: ~ $42 05 per pound day of capacity. Section 4. 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 sad ~el fare . The City Council further determines that the Ozdinance bears a rational relation to the proper legislative object sought to be obtained. Section 5. Severability. If any clause, sentence, paragraph, or pan of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a coun of c ompetent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 6 . Inconsi stent Ordinances . All other Ordinances or ponions thereof inconsistent or confli cting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or contlict. Section 7. Effect of repeal or modificalion . 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 pan any penalty, forfeiture, or liability, either civil or criminal, whi ch shall ha ve been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings. and prosec utions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose o f sustaining any judgment, decree, or order which can or may be rendered. e nt e red, or mad e in such actions, suits, proceedings, or prosecutions. 3 {' ' • ...... • • Section 8. ~ The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 18th day of February, 2003 . Published as a Bill for an Ordinance on the 21st day ofFebnwy, 2003. Read by title and passed on final reading on the 3n1 day of March, 2003. Published by title as Ordinance No._, Series of 2003, on the 7lh day of March, 2003 . Beverly J. Bradshaw, Mayor ATIEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final readina and publiabed by title as Ordinance No .__, Series of 2003. Loucrishia A. Ellis 4 COUNCIL COMMUNICATION Date March 3, 2003 Agenda Item 10 Ci Subject Resolution to Negotiate and Award Contract for the 2003 Micro-surfacinR Prowam INmATEDBY Department of Public Works I STAFF SOURCE Ken Ross Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Resolution No. 46, Series 2002, Resolution No. 28, Series 2001, Resolution No. 42, Series 2000, Resolution No. 44, Series 1999, Resolution No. 51, Series 1998, Resolution No. 43, Series 1997, Resolution No. 44, Series of 1996, Resolution No. 35, Series of 1995, Resolution No. 40, Series of 1994, Resolution No. 39, Series of 1993, Resolution No. 52, Series of 1992, and Resolution No. 38, Series of 1991, approving negotiating contracts and awarding negotiated contracts for the 2002, 2001, 2000, 1999, 1998, 1997, 1996, 1995, 1994, 1993, 1992, and 1991 micro-surfacing programs, respectively. RECOMMENDED ACTION We are seeking Council approval of a Resolution allowing a negotiated contract with Bituminous Asphalt Sealing Specialists, Inc., a.k.a., BASS, Inc., in an amount not to exceed $360,000 for our 2003 Micro-surfacing Program. BACKGROUND, ANALYSIS, AND ALTERNAlMS IDENTIAED Each year, our Streets Maintenance Division reviews Englewood's 119 miles of streets and determines which roadways are in need of maintenance efforts. The design life of an asphalt road is 20 years. In order to coax 20 years of life out of our roads with the tough Colorado freeze/thaw cycles, studded snow tires, the challenging and constantly changing subsurface conditions, as well as the truck and bus traffic, we need to periodically perform some resurfacing treatments. Staff introduced NEnglewood~ micro-surfacing in 1991 . Our objective was to develop an alternative to address the maintenance needs of roadways subjected to excessive traffic volumes resulting in pav ement rutting and lanes requiring leveling treatments along with new wearing courses and surface seals . Micro-surfacing is a cost effective maintenance alternative that provides rut fiUing. leveling of existing pavements, a surface seal and a new wearing surface. The finished product Is jet black, aesthetically pleasing. and exhibits more traction than the original asphaltic concrete for improved safety. Modification in the product chemistry over the years has enabled us to open streets to through traffic in 20 to 30 minutes, if required. BASS has satisfactorily participated in a partnership arrangement with the City for the last twelve years to c onstruct our micro-surfacing programs, having now placed a total of 2,470,000 square yards of our design product (approximately 1158 blocks, or 131 miles of roadway). Our design continues to ~pecify the quality custom crushed, gray granite aggregate supplied by Asphalt Pavi ng Company, Golden, Colorado. We will continue to use the improved ERGON .... . .. .. •· • • --- emulsion, as developed for our program. However, our specified ERGON emulsions are not manufactured in the Denver area. ERGON emulsions must be transported from Waco, Texas. Micro-surfacing requires highly specialized construction equipment Based on our last twelve years of experience, we know that the use of continuous micro-surfacing equipment produces a superior product when compared to that applied with truck-mounted type machines. Continuous equipment provides consistency of application and minimizes seams by reducing equipment stops and starts. The numl?er of continuous micro-surfacing machines continues to grow throughout the country; BASS owns and operates two of these machines. BASS has successfully constructed micro-surfacing on selected arterials, collectors, industrial and local service streets in our 1991, 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001 and 2002 micro-surfacing programs. Throughout our twelve-year experience with #Englewood" micro surfacing, and BASS, Inc., citizen response continues to be positive. The worlcmanship of BASS, Inc. remains superior. Staff continues to monitor slurry seal and micro-surfacing activities in the metro area. This year a number of cities are exploring using this product induding Cherry Hills Village and Parlcer, with possible shared costs with Denver and Littleton for their halfs of Zuni and Windermere. BASS, Inc. is even looking into setting up a Colorado office. Most of the cities in the Denver metro area apply either slurry seals or chip seals to help prolong the life of their roads. Slurry seal is a very thin application product Because of the thin application (1 /8 inch thick or less), the protection and benefits of this treatment are not significant Chip seals rely on the rock or aggregate to provide traction and protection benefits. However, chip seals are dustier; when cars drive too fast immediately after the chip is applied, cracked windshields can occur; the streets are nosier; and, when kids fall off their bikes, their scrapes are worse. Citizen complaints are typical with chip sealing. Experience with applying our product is crucial to a successful project We prefer using the only contractor that has repeatedly demonstrated successful applications utilizing the products and mix designs that we ·have developed, and has consistently achieved the desired results. We are satisfied with product performance to date and are particularly pleased with performance on our local service streets. The contractor, BASS, Inc., is available to accomplish our 2003 project in early May. Our 2003 Micro-surfacing Program will target local and collector streets. FINANCIAL IMPACT We ex pect that bids for standard slurry in the metro area, using local contractors and lower quality c omponents than our specifications, should range from $1 .30 to $1.80 per square yard in 2003. W e believe , however, that the recommended course of action represents superior value to our ci tiz e ns, because: 1 . The City of Englewood has developed a product that has superior workability than the standards being utilized by other jurisdictions. 2. We are utilizing a contractor that has a 12-year track record with this product and our specifications, and a 12-year history for being responsive to our needs and those of our citizens. 3. Micro-surfacing has construction advantages over slurries in that micr<>SUrfacing can be used for rut filling and leveling in addition to providing the surfKe seal and new wearing surfare. 4 . Micro-surfacing is more customer friendly, and doesn't require large quantities of loose rock that could cause problems or concerns for our citizens. The short set time lllows the roadway to be reopened without long delays. ·' . .. • t • 5. Micro-surfacing has the capability of being applied in any required thickness that is necessary to address our street maintenance needs. BASS is willing to return to Englewood in 2003 to construct our micro-surfacing project. We are anticipating a unit price increase in the 12% range, due to significant increases this year in the price of aggregate, petroleum based products, transportation and shipping costs, from last years contract Our product's price, which is manufactured from Venezuelan crude oil, will be significantly affected by the recently ended oil strike in that country. Year Contract Square Blocks Price Amount Yards Per Snuare Yartl' 1991 $280 000 160000 60 $1.75 1992 $260000 185,000 70 $1.41 1993 S305 000 201 000 76 $1.52 1994 S315 000 207000 80 $1.50 1995 $339 000 209.000 80 $1.62 1996 S358 000 223000 86 $1.61 1997 S360 000 240000 97 $1.58 1998 S361 000 214000 90 $1.69 1999 S350 000 214000 86 $1.63 2000 S355 000 201 000 93 $1.77 2001 S360 000 200000 89 $1M 2002 $352485 191112 75 $1.84 2003 Estimated $360000 173000 77 $2.07 $550,000 is available in the Road and Bridge PIF account for 2003. The balance of funclng in the 2003 Road and Bridge PIF account wiU be utilized for asphaltic concrete overlays by Enp,wood forces, and the associated maintenance program admlnlslratlon, testln8, program studies and inspection. LIST OF ATIACHMENTS Resolution Color Coded Map• List of streets for proposed 2003 Micro-surfacing Program• List of streets for proposed 2003 Overlay Program • • Due to the varying application rates of micro-surfacin1, and ever chanlin& roadway condlllons. mkJo. surfacing is contracted by unit weight applied (tons~ • These lists are merely our recommendations for the proposed proarams and are, of a>une. sutJiect IO City Council review and comment. 2003 Micro Surfacing Program PRIMARY STREET UST STREETS Wlcllh L9llglll Squar9 Yardage BAKERAVEW2000-2300 31 .3 1,314 4,570 BAL TICPLW1800-1900 40 800 2,887 BAL TICPLW2000·2100 31 .5 598 2,088 BA TESAVEW0500 38.8 270 1,158 BATESAVEW0800. 40 270 1,200 CORNELLAVEW0100 30 .1 288 890 CORNELLAVEW0200 29.9 288 884 CORNELLAVEW0300 29.5 288 872 CORNELLAVEW0400 32 288 948 CORNELLAVEW0500 32 .1 270 1183 CORNELLAVEWOSOO 32 270 980 CORNELLCIRS3000 29 1,207 3,888 CORNELLPLE1400 29 400 1,289 EASTMANAVEW0100 30 .1 286 890 ELA TISTS3300 35.1 438 1,708 ELA TISTS3400 40 580 2,489 EMERSONSTS3400 32 880 2,347 FLOVOAVEW0100 38.3 285 1,128 FLOYOAVEW0200 42.1 325 1,520 FLOYOAVEW0300 40.3 294 1,112 FLOYOAVEW0400 54.2 293 1,795 FOXSTS3200 34.8 8118 2,587 GAYLORDSTS3100 31 .1 na 2.• GRANTSTS3900 33 .1 eeo 2.427 GRANTSTS4000 35.1 8IO 2,574 GRANTSTS4200 32 8IO 2.347 HIGHSTS3100 30.3 8311 2,141 30.5 842 2.171 40 2118 1,112 30 2118 117 29.11 2118 A1 LEHIGHAVEE0300 30 298 1117 LlNCOLNSTS4100 30.7 8IO 2.251 LIPANSTS2900·3000 29.9 1,935 &.429 MANSFIELOAVEEOOOO 37.9 298 1,120 MANSFIELOAVEEOIOO 35.11 298 1,052 MANSFIELOAVEE0200 33 2118 175 MANSFIELOAVEE0300 32.5 2118 9111 NASSAUAVEEOOOO 40 -1,112 NASSAUAVEE0100 32 .5 -9111 NAS5AUAV EE0200 31 298 1118 Page 1 2003 Micro Svrfaclng Program NASSAUAVEE0300 31 288 1118 NASSAUAVEE0400 30 .7 288 907 NASSAUAVEE0500 30 .8 288 1110 NASSAUAVEE0600 31 288 1118 NASSAUAVEE0700 31 288 1118 OXFOROAVEE0100 39.2 298 1,1511 OXFORDAVEE0200 39 298 1,153 OXFORDAVEE0300 39 288 1,153 PEARLSTS3000 30 880 2,200 PENNSVLVANIASTS2IIOO 30.8 180 818 PRINCETONAVEEOOOO 39 298 1,153 PAINCETONAVEE0100 33.2 288 911 PAINCETONAVEE0200 32.7 298 11118 PRINCETONAVEE0300 31 .8 288 IMO RACESTS3100 31.3 8158 2.2111 RACESTS3200 31 .4 780 2,852 RACESTS3300-3400 31 430 1,481 RARITANSTS2100 33 815 2.255 TEJONSTS2200 40 842 2,853 TEJ0NSTS2300 40 !513 2,5111 TEJONSTS2400 40 744 3,307 TEJONSTS2500 •o 530 uae TEJONSTS2800 40 IIOO 2,222 TEJONSTS2700 40 -2.1211 TEJQNSTS2800 40 830 2.IOO TEJONSTS2900 40 IIIO :S.Ol7 TEJ0NSTS3000 40 880 2.1193 UMATlUASTs:?900 211.1 IIO US2 UMATlUASTS3000 29.1 -2.212 VALLEJ0STS2t00 31.5 5111 2,088 VALLEJOSTS2200 31.5 -2,087 VALLEJOSTS3000 31 .11 .. 2.311 VINECTS3100 31 11111 2,404 VINESTS3100 31 M7 2,1117 WES LEVAVEWt 600-1700 40 803 2.11111 WINOERMERESTS4600 311.3 m 2.1112 WINOERMERESTS&700 39.1 811 2.• WINOERMERESTS48Q0.5000 48 .8 1,11111 10.271 VORKSTS3100 30.I 136 2.111 ZUNISTS2 100 20 111 1,513 ZUNISTS2200 20 11112 1,441 ZUNISTS2300 20 511 1,307 ZUNISTS2400 20 714 1,117 ZUNISTS2500 20 521 1,173 Page2 2003 Micro Surfacing Program ZUNISTS2600 ZUNISTS2700 ZUNISTS2800 ZUNISTS2900 ZUN1STS3000 20 785 20 949 20 838 20 811() 20 868 Total Square Yarclag9 CONTINGENCY STREETS• GAI.APAGOSTS3000 33 680 GIRAROAVEE0400 39 280 GIRAROAVEE0500 39 268 GIRAROAVEE0600 38 2911 GIRAROAVEE0700 39 268 JAS0NSTS4800 31 eeo JASONSTS4700 30.4 eeo JAS0NSTS4800 30.8 eeo SHERMANSTS4100 38.7 eeo WINOEAMEAESTS51~ 211.8 1250 TolalSquareY .... 1,744 1,"2 1,420 1,533 , .... 173,0U 2,420 1,213 1,153 1,153 1,153 2,273 2.2211 2,244 2.138 4,138 11,111 STREET DMSION 2003 OVERLAY LIST ~i I ' BLOCKS I A VENUlJSTUIT I FROM : TO o.s I Oxford i Broadway ; Lincoln 2 I Mansfield I Loan Clarkson 2 I Shennan Mansfield Oxford 4 i Pearl ! Mansfield Quincv 2 ! Dartmouth Place I University Vine I I I Linden Drive ' Belleview Monmouth I.S I Grand I Acoma ' Delaware 3 I Quincy I Huron Navaio I I I.S : Easlman i Bannock i Elati 10 I Flovd ' Loan Race l .S I Enalewood Parkway : Broadway ' Cherokee l ! Enalewood :--. I Hwv28S Round-about l i Jefferson I Fox I Huron 2 I Bales I Loan I Clarkson u I Amherst I Broadway Cherokee 2 I I I Broadway I Loan !U l Cherokee I Tufts I Greenbelt ' I I I 37 I I i • Clerkson • i I .. ... ,. .. . .. .. ·· ... . · .•• I >.-! ... •\ • • I,. -,, •••• ·.,-~ \ '• . : · ....... ·;,;. • . • . :1:": ... ;_, . . •. . .. •I ... : .. . , . . ,: ... • ,· .. · ... : .. . ,• ··> . ~ · ... . I ... .. ... ' I ... • ' ;,, .. \, v.,:_.. --v. -, . i i .. ' - ~ ~ en ~ i ~ ~ N N § § II • RESOLUTION NO. SERIES OF 2003 --- A RESOLUTION AWARDING A NEGOTIATED CONTRACT FOR ENGLEWOOD'S 2003 MICRO-SURF ACING PROGRAM INSTEAD OF THE COMPETITIVE BID PROCESS UNDER SECTION 116 (b) OF THE HOME RULE CHARTER AND SECTION 4-1-3-1 OF THE ENGLEWOOD MUNICIPAL CODE 2000. WHEREAS, the City of Englewood is responsible for maintenance of approximately 120 miles of public roadways in the City; and WHEREAS, the Department of Public Works and Engineering and Street Maintenance Divisions have developed a system-wide maintenance program in which they have found microsurfacing to be a viable and economic preventive maintenance alternative; and WHEREAS, local contractors have not demonstrated the ability and/or knowledge to construct microsurfacing acceptable to City standards when given the opportunity on demonstration projects for other jurisdictions in the past; and WHEREAS, the staff of the Public Works Department has evaluated the quality of microsurfacing utilizing a specific local aggregate and a quick-set ERGON emulsion for the past IO years; and WHEREAS, Bituminous Asphalt Sealing Specialists, Inc. (BASS) of North Little Rock., Arkansas, has laboratory-tested and field-tested this product, and City staff has evaluated the abilities of this company in placing microsurfacing, and has discussed their work quality and product quality with other governmental agencies which have had yean of experience with this company; and WHEREAS, BASS, Inc. has now placed a total of2,0SS,OOO square yards (approximately 818 blocks, or 102 miles of roadway) in the City of Englewood over a period of 10 years; and WHEREAS, Section 116 (b) of the Englewood Home Rule Chaner and Section 4-1-3-1, Englewood Municipal Code 2000, allow contracts for public works or improvements to be negotiated, provided that contracts for which no competitive bids have been requested have been approved by resolution which shall declare the reason for exception to the competitive bidding requirement ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. The Department of Public Works is hereby authorized to negotiate a contract for Englewood's 2003 microsurfacing program in an amount not to exceed $360,000 in lieu of the competitive bid process as allowed by Section 116 (b) of the Englewood Home Rule Charter and Section 4 -1-3-1 , Englewood Municipal Code 2000. • • • Section 2. The Department of Public Works is hereby authorized to enter into a contract for the Englewood's 2003 microsurfacing program pursuant to their investigations of local aggregate, quick-set emulsion produced by the ERGON Refinery in Waco, Texas and construction of the product on Englewood streets by Bituminous Asphalt Scaling Specialists, Inc., of North Little Rock, Arkansas. ADOPTED AND APPROVED this 3rd of March, 2003. Beverly J. Bradshaw, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above and foregoing is a true copy of Resolution No._, Series of 2003. Loucrishia A. Ellis COUNCIL COMMUNICATION Date Agenda Item March 3, 2003 Initiated By Staff Source City Manager's Office Michael Flaherty, Assistant Oty Manager COUNCIL GOAL AND PRMOUS COUNOL ACTION In November of 1999, City Council approved an agreement and sublease between the Museum of Outdoor Arts (MOA), the Englewood Environmental Foundation, and the City of Englewood. The provisions of the agreement call for, among other things, programming and exhibition of public art at CityCenter Englewood. MOA has scheduled its annual Design and Build Competition Exhibit, which is not specifically covered by MOA's sublease agreement Council has approved the Design and Build Agreement with MOA for the past two years. RECOMMENDED ACTION Staff seeks Council's suppo I" agreement with the Museum of Outdoor Arts to permit installation of the Design and Build Seu ptures at various locations in the City's rishts-of-way, open space, and other City-owned property. BACKGROUND, ANALYSIS, AND ALTERNATMS IDENTIFIED The upcoming Design and Build competition, sponsored by MOA, proposes to place exhibits at various locations, including: in and around the Englewood Civic Center; along Englewood Parkway; In Little Dry Creek Park; and near the fountain at Broadway and westbound Hampden. The proposed agreement authorizes use of the proposed locations and defines liability and related issues. FINANCIAL IMPACT There is no financial impact associated with this agreement LIST OF ATTACHMENTS Listing of Design and Build Sites Proposed Agreement • • DESIGN AND BUILD CONTRACT THIS CONTRACT is made and c:nlercd inro dlil ...t:i_ day of r,e I, 2003, by 111d between the CITY OF ENGLEWOOD. a Home Rule City cwan, under and by vinue of rhc laws of rhc Srare of Colorado, who,,c lci:al ~ is 1000 Eo,lcWOOd Partway, EaaieWOOd. Colorado 80110, hereinafter referred 10 ;a,i the "Cily" and MUSEUM OF 0UTDOoR ARTS, hereinafter referred IO 11 "MOA". WHEREAS , MOA has Sf'IJIIICnd Oaip and Build, a public scu1pcure COlllpelilloa for hip sc:bool sllldcn11. WHEREAs, the winnins 5CU!pcu,w will be illll&lled 111d oa display in variou, public areu of rhc City from April 14, 2003 lhmup May 30, 2003 . WHEREAs. lhe City wishes ro cncoura,e suc:h pablic an pn,jecu and IOWlld 11111 cad apees ro allow lhe p1-mcnc of~ of rhc !iClllpbn oa Cit)' pn1p1r1y 111d riabaHf-way. WHEREAs, lhe City haa elected ID 11CCep1 rhc pnJpo1a1 of MOA far rhc 111Dponry display of SIUdcnt sculpcurc .ui pn:llcall:d Ill the City and a shoWII ua ~Eahibi1 A "conaillin1 of four paps. WHEREAs. !he City -.1 lhe MOA llllllllally desire ro carer info dlil Contna repnfia1 rhc lemporaiy diaplay of sculpcurc. NOW, THEREfORE. for Ille .:oasidenuion hereia Cllpnuod, ii ii hereby llpeed upoe by 111d between lhe City and MOA aa (ollowa: I. This Conrra1 shall be for :a Pffl<1d of lhinecn ( I J) week& from rhc da of die ~ of dlil Con1n11.1 2. If .:idler party failx IO lialfill :ini, nblipciona of. or violues aay of die ICl1III of dlil CCJalnlCl, die odler pany ,Ji;ill have 1111: nJlht 10 l\."ffllinarc dlil C11111n1:t, Acq To Be fscrilm'SI Ry MQ~: I . MOA will provide four 1"l 10 mn.: (9) ~'S of ~ulpcum \."ftlllld ill con.iunclioa widl lhe Oaip and Build Pro;r.un. 2. Sculpture sh.di he 1nstillk.'\I h..1w,.._-n April 1-', ~J and April 16, 2003 aad shall l'Cllllia OIi display un11I no 1.ucr 111:ut May .10 • .!CltJJ . 3. MOA ,II.di lrJ 1L•pun . .ind i1L•lall . .ind shall 11rOvidc necesury Malricy pedagla, idauificalion t>bilucs, mamr.:nan,:.: and n.i,a,r for rho: four l-')l 10 nme (9) 11:ulplura ill ill sole COIL 4. MOA 's plan fur 1nsull.u1on pru.:.:Jun:,r and rnedluda; alcty--. ud mei111e nee fllocedtwea will be s ubm,11,'\110 rh.: Ciry for JflPl'Oval bo:f~ rhc \.'OlllfflcllCWW of illllallllioa. 0 • 5. MOA apca to remove graffiti punuant to the provisions of the Enpewood Mllllicipal Code. If MOA has not removed the graffiu aticr notice pumaant to the Code, the City may remove said graffiti ancl MOA shall pay fur the ~-osts of the rcmoval . The Ciiy shall not be reapolllible for damage to sculp1urcs a.~ a rcsult of graffiti removal. 6. MOA agrees to resolve any public.: safety issues within twenl}'-rour (24) houri of norificalioa, either verbally nr in wnting, by the City. Ir MOA fails to repair the dlqeroua condition or the graffiti wilhin the twenty-four 124) hlJUl'5, the Ciiy may malcc :iny repain it deans necaury up to and includin1 removal of sculpture with the COiii of such repairs paid by MOA. 7. MOA agn:ci, thal the City shall not he n:sponsible ror :iny vandalilm, theft. or other dam.IF to the Sculptures. plaques or supportin1 bases. 8. MOA shall maintain liubility i111111rana: coverap in the amount of Sl.000.000 for the dur1llion of the project with thc City a.~ a namo:d inxurccl. 9. MOA agrees to hob.I luarmlc:."" the City from any and all liability aaoc:illed witb the dilplay of !be sculpture after 1111it:&llatiun . Acts IP Ek Ps:cfn•DJL1i Px Th; Ci1x : I. The siic ur sites for sc:ulp1un..,. shall be mutually apeed upon by MOA and the Ciiy so 1oq u such site(s) arc in a Ciiy owncll partr:. open space or Ript-Of-Way. 2. The Ciiy shall 11111 alter, muvo: ur rcmuvc the sculplllra or die infonnaliae pllqua. nor place my oblUlcle, whidl mishl hloclt tho: view of die !Clllpan withoua !be wriW pmmiaioa of MOA except in calCS or public.: safety. 3. The Ciiy shall notify MO/\ of ,my d1anp in mc or develop!Mm oa or -!be si1le of !be sculpture. MUSEUM OF OUTDOOR . \RTS ST ATE OF COLOR :\ Dl) hs. COUNTY OF AR .\P.\IIOE \ :!00i;cb; 0 .DIIU~....J,.4111Ul;l 0 i.:Lk 1~'.:'?.'1.&:m~of ~a.- Arts . • • CITY OF ENGLEWOOD Beverly J. Bradlhaw, Mayor AlTEST: Loucrilllia A. Ellil. City Clcrt ·• • -- • • I t---l ~-!.__J • . ·.• ., . • ..... .. \, ' ---- -,· . '., . ~ .. ·"' _: .\; ... ·--------·'---~-..:---~_;•;.__~~ -----Walking Tour <J) Design and Build Porling Cont0ct : Amy lou9ewn / Pcm Slorck Museum of Ouldoor Am 303-806-044.4 x310 t • You n.amn. teadltr's aame .aad n.aJlle of school should not .1ppe.ar ••rwllien in the proposal except oa. th• .1ppliutioa form . A complete prni--J " compmod ol: 1. A wnllen propoul 1N<ket th.1t 1ndudcs; • Till• page: hlk.. ..,.,e, fll'l1•h~ dimcntinns .and m1ten1l1 to ht' uHCI . • Conceptual nruhve .1bou1 the p1..c:e. not to .,u:..d OM s,ngi.,.,paced ty pewnttffl pase. lndude how the design rola1 .. to 1he th.,,,o. "LINE". Line 1twm budgwt (not to .xc1....d Si00). ~1.11lcd n.an.lhY~/ pl,1n .aNI dr.1w1n;, ,1bc',ut construction and ,n,tallAt1t,n . ~led pliU\t ff'f rcmrw.al nl ltw •rtwnrk. 1ncludu11 pnutbl• reloation. f't'\IM o1 the p1,'<e. or req·ding of the m•tenals. First 1mpn."Ylon n4 ltw t.ale 1n .any med nam ol yOIII' choice (io . pholot;raph. draw,n;;. pn,,m. n1cu«hn5 ol ........i etc.) and ptti1m1nuy dt<M5n sl.1.•lc.hl:s 10 show !i:'Voluhon ol td .... 2. A maquette not to •,<Nd 24"' '< 24"' "' 2.J ... ll •• pnfflnd. 1,ut not rnAndalOt')', lhal mMtV&.·U~ lk! thtt'l"'"dimeMtOMI. MM')' prnb&.ma uwolvmg matnaak .anli ,n~t.allo1h~•n un ~ .avoecl..t by" c...iuUy ~drftalng th.w m ,u..-s "h,lc bu1Wrng y.--.r IIM'ldela. PlellN 1nclud r a figure lo 6 '"'" I~ Jlil,Y .a NftH ol 'ICa~e Jor ytNf prc,poNd .utwork. J. A comp let~ entry fnnn to~ .11tut~ ,., the boltom oi tha m .a quctte :1 nd ,u 1hc l.a.,t pat,;e of lht.? pro,-lQI pack.iL ol •: Your n.1mcs. l~.ach,:r ', Nffl'-' .and ~m~ .,, tc.hool thoukl not .Jppcat .a ny w here 1n t~ po~"'-11 '-''-CC"pl nn the a prhutiM frwm. For .niotmouon, c-ONocl Amv louqe ,en I Pom Stor Mvsevm of Oul~OOf At11 1000 E,q....ood p.,,.,..oy i:-2 30 Enqlewood CO 0110 (3031806-0~, 310 pol l &06-0504 ·~ a louqese "'• o,q ''-. 0 . · .. , ··.·~ ... , • .,. . i . . . . " . .,. . . , .-... ,. .... ' . ... . . ,' .. • •.• > .• : .• . '• . . <• \, nd Build PUBLIC SCULPTURE COMPETITION FOR HIGH SCHOOL STUDENTS· 2003 REQUEST FOR PROPOSALS • Wffk ol fena,y 17: Juy •-to mriew 4nipa aatl Nied willlWlg teaao. All propoulo aad ••'I-..;JI be oe pablic uaplay fro• hlmaar:y ::a tuoqll Marcia 14. ::om. • Tlo•ntla,·. fel,naa,y :0, ~'--oop,n: MOA-. a .-.ptioa In Ill o-ip .. t1 llliltl"' ,..Ucipa IS. Pn>,...i• ••• ..... -will be• allibit. • febnuy '.?1 tuwp .\p ti 14: Wiaaiaa ,_ bultl utwod<a at odaoola. • M"day, l'o ... ay 6' w.ba ... •Y. April 14. U, 16: M.-..b ue b~t It> -... ---iattallatl. • M••da)', ~••>' l6 -p fMO )', May JO: Sdaoole twaOfl llleir utwerb aad Mien 1i1a tt> NlpMI ceNlliea. t • 0 __._ · . ..,~;:< ~. -·i~--:, --~~:-~"' : ... • Eligibility: Advanced high school art students under tho direction of their art tt1cher. • Several teams of 3 to 5 students are allowtd from t1ch sc:hool. • Each design must addrns the spoc:ific lite, location and environment • Ellch partidpating team "'ill addrus one of nine sit ... Sjb; Yi•il< IR lllllldulzo; The same site may bt Hhcted b\· mort than ono tum. All sites aro locattd in Englewood (-map ior site loc:atio111). lnfonnation and criteria for each site l1't available upon requnt • Each school wiU submit its complottd design proposal and maquelle to MOA for judging. U only ono design is submitted for any one site, thert is no guarantee that it ,.,i1J bt selecttd by the jury. • Pn>posals "'ill bt juritd at MOA bJ• a panel of arts prof-,onall. Ont design ,.,ilJ bt Hltcted for full devolopmtnl Winning designs ... -iu bt considered to fully rtprtsent the actual inltallation. therefore the completed artwork may not v-,· subltantiaUy from the submitted design. 1n the -nt that a school submits Hvfflll ~ DII.DIIIIL thin two winruos Rem, wilt be acJcctrd per sbggl • MOA has contracttd professional utiltl who hive txpmence in both tudung and producing public art to co111ult "ith the students dunng tho dHign and build stage. Each school Is responoible for planning th• btst use of its limittd time ,.,;th tho lltilts. l1w artiltl will schedule the follo"'ing consultations 1n each schooL to include: 1) ono clusroom visit Hrly in JanUI?)' to thoroughly txplain tht procoss to help with planning and to brainstorm appropriate mattnals "'ilh "11 students and teachtrs mterested in punuins tho projoct; 2) one informal follow-up visit dunng design phue of the project; 3) up to thrtt OM-hour-long visits in Heh school to consult w,th th• "'Inning team and their ... istanll dunng the building pt- (M•rch to mid-April). During this time, the artists are allo available for phone consultations. • $700.00 ..-ill bo awudtd br MOA to each winning team's art dtparun,nt to bo ustd for materials and wrvices nlated to this project .• .tJthough schools are oncDUrlled lo UN their cnativity to find wars to maxinuze this money b)· llling found objects and obwmng in-land goods and scrv,ces. etc., in tho uwrut of fairMM. we uk that no add1bonal <ah bt addod to tho budgtt. • Anwork.s will bo installod on-site and renwn on pubbc vi,,.,. for ML .11:a.i.l. 3hould there bt dam,ige to any pttce dunng tho exhibition. th• school will bt nonfitd and wiU be rNpONible for repa,n dNIMd 1ppropnatt with m hvo da)'S- • . ;,;,. ii • : 'w •• . \. ~' 0 • .. ·· ... • ·.•'I . "' .., . • ~ . . .. . " ... . .; ' ~. \, • A rubhc r.«ption ,,_,.ill be Mid 1,, unvt-il thl• arh, ,,rks. Thr pr6s will bt notified of tho program lhrH timos durmt 11-· process. • Each school will bt n!SpOllsibl<, for rtm<w1111: thrlr artworL. haulini; it •"·•y from the site and ft'storins; thl.· sitt-I<' ••~ ""b'nal stalt' at the end of the o,Jubition, as well as j'lanmn& !or possiblt rouse or recycling . • Schools art urged to have team m,m~rs photoi:rnph •nd "ideotapt the process from beginning to end . I\K'I ...... -m contract. videog- raphor to docwnent tht llllllllat,on of "11 art"'"'~'-n .. art teacher of tach wiNUns -... ;u ~,v~ onr <Of')' ol th• O..ii;n and Build"' 2003 video. I . I . Stud-11111 art teachon, 1...-d II • anhop,11\! and address tho follow"'& ...-in tho dnekJrnwnt of rmrc-ts: • T--rosrc,noiblc-for "'9Carchmi: and addrnsing tho a,tmo of thoir cl-,,,.... C-llln& Art,., will -each._ with thia pn,cas. • Pn,poals 11111 a.aquettes arr iudi:od on IISllwtic upects. s,te-opecific dalgn. relationahap to thane. salot)•, budget and quabty of ~- • Each wilUling dnign team will br rnponoiblo for tht fabrication. tra~. m,tallab<,n and n,moval of the,r work. It II sui;gestod that -ellill n much holp as J105Slbi< for this comple• and bmt co.....ung process. • TechnK:al advice mar be sou;ht t.orn proloaionals. but it is understood that tht ••ocutoon of all •"'""""' ,..,II bt handled by IIUdtnts and U,.,,r art tuchtrs. • Sina the """'-" w,11 Sland on-s,t< for IILJdUI. D\IIOnals and anchonng mllll be durablo enoui;h lu -'-id pubhc contact and tho e.-outcloar -athrr condtt-of Ml unpffibctable Colorado sprinc. Count an "'°"'' m A ml' • Sina theft IS httlo Of n<> W'Cunh· ot>-Mlo, tho safety ol both tho artwor~ and tho pullllc ...... bt cons,4en,d • AU .-. -111 an urban oen,nc. W11h the poltnbll lor vandal,sm T-will be .......,....i-for anv "f'l'I"' U tho wcd a detmed cleawird beyond,.,...,, 1hr te1m ... ,II be rflpOllllble lor tht ,m~•••• -· °' tho p,ec. ' • COUNCIL COMMUNICATION Date Agenda Item Subject March 3, 2003 11 Ci Resolution to Modify Public Works Permits Fee Schedule INITIATED BY Public Works Department I STAFF SOURCE Ken Ross Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Title 11 , Chapter 7, entitled "City Rights-of-Way -Permits and Requirements", was approved on first reading October 16, 2000. City Council adopted ROW Permit Fee Resolution No. 93 on November 20, 2000. RECOMMENDED ACTION The Public Works Department recommends that Council approve a resolution to increase fees for engineering reviews, inspections, and administering Titles 8, 11, and 12 of the Englewood Municipal Code . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The purpose of this resolution is to establish the schedule of fees that will cover the costs associated with private indiv iduals and companies that use the public right-of-way and/or require engineering reviews or inspections as part of the development process . These fees will allow the City to recover the costs for administering the code requirements contained in Titles 8, 11, and 12 of the Englewood Municipal Code. The proposed fees in this resolution are designed to allow the City to be reimbursed for actual cos ts fo r permitting work in the City of Englewood . FINANCIAL IMPACT The proposed fees are intended to cove r th e actu al cos ts for engi neering reviews, inspections, and administeri ng Ti tl es 8, 11, and 12 of the Eng lewood Municipal Code . A h~ pothe ti al exa mple involv in g a typical project is : Re\ ie\ and Permit Processing • Engineer 1h hou r @ $58.00 per hour • $29.00 • Clerical Staff 'h hour@ $35 .00 per hour • $17.50 • Inspector 1/i hour@ $48.00 per hour • $24.00 Re\ 1ew and Permi t Processing $70.50 r • t .. • • ADMINISTRATIVE AND MANAGEMENT FEES Public Works Department Fees and Charges are listed below: Work Done in the Public Way; Permit Fee' City Asphalt Patch Unit Cost Gravel Alley Cut Fee Charge For Working In Public Way Without A Permit Re-inspection Fee Development Review Fees; Plan Reviews - Drainage, Storm Water Management. Site Development, Grading, And Street Improvement Plans Inspections - Drainage and Storm Water Management and Site Development Re-inspection Fee $200.00 $4.00 per square foot $1.00 per square foot $600.002 $50.00 for each re-inspection required Labor' per hour ('h hour min) Labor per hour (1h hour min.) $50.00 for each re-inspection required ' Permit Fee is to cover all administration, engineering review, and inspection costs for Public Works pennits. If Cit) re, iews, processing, and inspection costs are in excess of the $200, then the applicant shall reimburse the Ci t~ for the actual costs. If City reviews. processing, and inspection costs are less than $200, then the City shall reimburse the applicant the difference between the actual costs and the $200. If City incurs additional costs as a resu lt o f work performed by the Perminee, then any additional costs shall be added to the Pennit Fee o r reimbursed to the City if the Permit Fee is insufficient. : Onl, S'.:00 of this charge is eligible for possible City reimbursement . ' Fo r 2003 the costs shall be based upon the following labor• rates : In spect ors $48 .00 per hour Engi nee rs · 8.00 per hour Cieri ·al S'S .00 per hour • Laror • I l ourl Rat e + Bent'fits t lnd ir«t Costs • t .. • • Inspections • 3 Inspections @ 30 minutes each O $48 .00 per hour • 1 Engineer visit@ 30 minutes O $58.00 per hour Construction and Inspections Permit Closeout • Inspector 'h hourO $48.00 per hour • Clerical Staff '12 hour@ $35.00 per hour Permit Closeout -$72.00 • $29.00 $101.00 • $24.00 • $17.50 $41.50 l Total Administrative Engineering Review and Inspection Fee Costs : $ 213.00 LIST Of ATTACHMENTS Proposed Resolution A RESOLUTION APPROVING MODIFICATION TO THE PUBLIC WORKS PERMITS FEE SCHEDULE, INSPECTIONS, AND ADMINISTERING TITLES 8, 11, AND 12 OF THE ENGLEWOOD MUNICIPAL CODE. WHEREAS, private individuals and companies that use the public right-of-way require engineering reviews or inspections as part of the development process; and WHEREAS, City costs for managing the use of the public rights-of-way have increased since the fees were established in 2000, and the new schedule is reasonably related to the City's costs; and WHEREAS, the City needs to establish the schedule of fees that will allow it to recover the costs for inspections as part of the development process for administering Titles 8, 11, and 12 of the Englewood Municipal Code. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : fees : Sectjon I . City Council hereby approves the following administrative and management ADMINISTRA JIVE ANO MANAGEMENT FEES Public Works Department F~ .ind Charges .ire listed below: Worts Done in the Publjc Way: Permit Fee ' City Asphalt Patch Unit Cust Gravel Alley Cut Fee Char ge For Workin~ In Puhli<: W.1y Without A Permit Re-i nspe cti on Fee Development Revjew Fm: Plan Re views - D rain age . Sto rm W ater \.lan .1g ement. Si te Develo pment. Gr,1din~ nd Str eet Improve ment Plans Inspections - D r:iina~e .m d Sto rm Wa ter \I\Jna gement .md Si re De\ elo omenr Re-•'lspe ct1 on Ft>e S200.00 S4.00 per square root S 1 .00 per square root S6oo .oo ~ SS0.00 ror each re-inspection required Labor per hour ('I? hour mm) La r o r1 per hour ( 11? hour min.) SS0.00 ror each re-inspection requ ired 1 Permit Fee is to cover all administralion, engineering review , and inspection cons for Public Worb permits . If City revie\Vs. processing, and inspection cons ate in excess ofdlc $200. then the applicant shall reimburse the City for the acblal com. If City reviews. processing, and inspection COIII ~ less tbaa S200. lbaa the City shall reimburse the applic:an1 tbe difl'erence between the acblal CC1C1 and the S200 . If City incun acldilional com as a result of work performed by !he Pennittee. then any additional coses sball be added to tbe Permit Fee or reimbursed to tbe City if the Permit Fee is insufficient. ; Only S200 of this charge is eligible for possible City reimbursement . 1 For 2003 the COIis sball be bued upon tbe following labor" rares : IDSpeCIOl'S $48 .00 per hour Engineers S58 .00 per hour Clerical S35 .00 per hour • Labar• Haam Ra + Bmdlts + Indirect CO!"! ADOPTED AND JI ~ROVED this 3n1 day of March, 2003 . Attest: Beverly J. Bradshaw, Mayor Loucrishia A. Ellis. City Clerk I, Loucrishia A. Ellis. City Clerk for tbe City ofEnaJcwood, Colorado, bcffby cenify that the above is a true copy of Ro=solution No . __ • Series of 2003 . Loucrislua A. Ellis COUNCIL COMMUNICATION Date Agenda Hem Subject March 3, 2003 11 C ii Development Review Application Fee Schedule INfflATED BY I STAFF SOURCE Community Development Anthonv J. Fruchtl Planner I RECQMMENQEP AAJON Staff recommends that the Gty Council consider and approve by resolution the proposed Development Review Application Fee Schedule as outlined in Attachment A BACIGBQVNQ The City of Englewood's cu"ent development applications and associatP.d fees were established in the early 1980's, and have not been updated since their implementation. To determine if the City's development fees are up to date and comparable with other cities, staff conducted a survey of fifteen {15) municipalities along the Front Range. Those municipalities are listed in the chart below: 5 ___ . Municinali ~ Arvada Aurora Castle Rock Commerce Cltv Denver Fort Collins Golden Greenwood ViUa11.e Lakewood Litdeton Lone Tree Northtdenn Parker Westminster WheatRidae To establish guidelines for the survey, three (3) objectives were determined for assessment of the City's current development applications and as~ated fees. Those objectives are identified below: • To review the City's cu"ent development fees ensuring that it provides reasonable cost recovery for staffs' time; and • To compare the City's existing and proposed development fees remain equitable with other Front Range jurisdictions; and • To determine projected revenues based upon proposed development review applications and fees . FINANCIAL IMPACTS During 2002, staff received 114 Development Review Applications/Requests. Of the 114 Development Review Applications/Requests received, only 29 had fees associated with them . Through this review, staff noted that Development Review revenue could increue from $2,350 to $16,325 with the implementation of the proposed Development Review Application and associated Fees. ATTACHMENTS AttKhment A - Att.lchment B - Resolution Development Review Application Fee Schedule Current Development Review Application Fees and Projected Rev e nue r t AlTACHMENT B Current Development Review Application Fees and Projected Revenue In 2002, staff received 114 Development Review Applications/Requests. Of the 114, Development Review Applications/Requests that were received by staff, only 29 had fees associated with them . $2,350 was collected via Development Review Application fees from the 29 Development Review Applications/Requests that were received. If the proposed Development Review Application Fees were implemented, $11,125 in revenue would have been generated from the same 29 applications. The projected revenue would increase 373%. Attachment B provides two separate charts that individually break down the fees between the existing Development Review Application Types and the associated Fees, and the propo ed Development Review Application and Fee Schedule. The first chart, Current Development Review Application Fees and Projected Revenue illustrates the current Development Review Application Types and Associated Fees that are currently implemented vs. the projected revenue that each application would generate based upon the proposed fee . Specifically, the chart indicates the current fee charged for each application, the number of applications reviewed in 2002, the revenue that was collected for each application (and total revenue for all applications), the proposed fees associated with each application, and the projected revenue that would have been generated based the number Development Review Applications received in 2002. Utilizing this formula, the projected revenue from the Development Review Fees would increase 373% from $2,350 to $11,125. Proposed Development Review Application Fees and Projected Revenue 85 requests for the proposed Development Review Application Types were received in 2002. Of the 85 req ue sts, there was no Development Review revenue generated. The proposed Development Review Applications types and associated fees would have generated $5200 in revenue from the same 85 requests . The second chart, Proposed Development Review Fees and Projected Revenue, illustrates the proposed Development Review Application Types and Associated Fees recommended by Community Development staff. The chart depicts the proposed Development Review Application Types, the current fees charged for each application, the number of requests /applications received by staff in 2002, the revenue generated for each application, the proposed fee for each application, and the projected revenu e for each application type. Based on the proposed Development Review Application Types, the number of requests for each review type, and the proposed associated review fees, an additional $5200 would have been generated in Development Review Application Fees. ' .... ,• • • Current Development Review Application fees and Projected Revenue Application Cunent Number of Revenue front Type Fee Applications Collected Ranp 2002 fee. Aw. Base District Rezone $631 + $400 296 acre Boundary Line Ad'ustment 100 2 200 239 Conditional Use Pennlt $75 1 $75 $476 Major Subdivision $100+ $300+ $692+ Per lot $5,llot 3 + 10/lots $50 $25/lot Minor Subdivision $100+ $200+ $608+ Per lot $5/lot 2 + 5/lots $25 11/lot Planned Unit PUD $500 500 1447 Variance High Detlllty Residential Commercial/Industrial $75 Variance Residential 20 $1000 Total 29 $2,350 Proposed Development Review Application fees and Proieded lewenue Application Cunent Number of Rewenue front Type Fee Appllcallons Collec:tad ..... Amendment lo Appn,ved PUD orTSA E Change of Addre11 Request or Addl'ftl Assi Conditional Use Annual I • El'ICIOKhment A Floodplain Certiftute of Compllanc:e Overall Concept Plan (OCP) Temporary Use Pennh Transit Station Area TSA Vaution of EuetMIII Vaution of liah( of Way WrittenZOMII Verification Total 2002 Fee Ave 295 175 3 5 153 7 $173 2 2 39 15 .. t • • SERIES OF 2003 A RESOLUTION APPROVING nm PROPOSED DEVELOPMENT REVIEW APPUCA TION FEE SCHEDULE FOR COMMUNllY DEVELOPMENT. WHEREAS, the current development application and usociated feel were established by City Council in the early 1980'1; and WHEREAS, City staff conducted a survey f'or aneammt of fi1leen municipalities along the front l'lll&e rcprdina their dcvelopmcot feel; and WHEREAS, the City's existing development feea n,quinl ID adjustment to reflect the costs to the City f'or the proceaina of development applicatioaa. WHEREAS, tbelc feel are reaonably related to City of £nalewood expensea that are inbcrcnt in proccuina development applicaliom. NOW, nmREFORE, BE IT RESOLVED BY nm CITY COUNCIL OF nm CITY OF ENGLEWOOD, COLORAOO, 111AT: ~. City Council hereby approves the Development Review Application Fee Schedule, attached hereto u Exhibit A. ADOPTED AND APPROVED this 3,. day oCMarcb, 2003. Attest: Beverly J. Bndlbaw, Mayor Loucrishia A. Ellis, City Cleric I, Loucrishia A. Ellis, City Cleric for the City of Enaiewood, Cokndc,, hereby certify that the above ii a true and concct copy of Resolution No.___, s.ia of 2003. Loucriabia A. Ellia 0 City of Englewood Development Review Application fee Schedule j Application I Fee Administrative Review Administrative Adiustment $225 Administrative Propertv Combination $175 Administrative Subdivision $200 Board of Adjustment and Appeals I .Variance I $225 Appeal $225 Zonina/Rezonina Amendment or Expansion to an Approved PUD orTSA $600 + S300/acre Base District Rezone $600 + $300/acre Overall Conceot Plan $750 Planned Unit Develooment $1 450 Transit Station Area $1 450 Subdivision Annexation $600 + $300/acre Boundarv Line Adiustrnent $250 Major Subdivision $1,000 Minor Subdivision $600 Vacation of Easement $125 Vacation of RiRht of Wav $450 Use Permits Conditional Use Permit $475 Conditional Use Annual lnsoection $25 Temoorarv Use Permit $150 R Wr,tten rNJunts Address AssiRnment Reauest $50 Change of Address ReQuest $50 Encroachment ARreement $50 Flood Plain Certificate of Comoliance $200 Written ZoninR Verification $50 t ' • • Before you is Agenda Item 11 c ii, a resolution to approve the proposed Development Review Applications and Fee Schedule. The City of Englewood's current development applications and associated fees have not been updated since the early 1980's To determine if the City's development fees are to date and comparable with other cities, staff conducted a survey of fifteen (15) municipalities along the Front Range (3) Objectives were determined for assessment: To review the City's current development fees ensuring that it provides reasonable cost recovery for staffs' time; and • To compare the City's existing and proposed development fees remain equitable with other Front Range jurisdictions; and To determine projected revenues based upon proposed development review applications and fees. To demonstrate the findings, Att.achment B, provides two separate charts that individually break down the fees between the existing and the proposed Development Review Application and Fee Schedule. The chart utilizes the following categories: Application Type, Current Fee, Number of applications received in 2002, Revenue collected, Front Range average, proposed fee, projected revenue . The first chart, Current Development Review Application Fees and Projected Revenue demonstrates that: In 2002, staff received 114 Development Review Applications/Requests. Of the 114, Development Review Applications/Requests that were received, only 29 had fees associated with them collecting $2,350 in revenue. If the proposed Development Review Application Fees were implemented, $11,125 in revenue would have been generated from the same 29 applications The second chart, Proposed Development Review Application Fees and Projected Revenue illustrates that: 85 requests for the proposed Development Review Application Types were received in 2002 with no Development Review revenue generated. If the proposed Development Review Applications types and Associated Fees were implemented, $5200 in revenue would have generated from the same 85 requests. Bccommnd.Jtjoo Staff re commends that the City Council consider and approve by resolution the proposed D evelopment Review Application Fee Schedule as outlined in Exhibit A. .. t ... • • COUNCIL COMMUNICATION DATE: AGENDA ITEM SUBJECT: March 3, 2003 11 C iii Private Activity Bond Cap Alloca- tlon to CHFA for Home Ownership Programs INITIATED BY STAFF SOURCE: Community Development Department Mark Graham, Senior Planner COUNCIL COAL AND PBMQUS CQUNQL ACTION; • Council established goals for enhancing housing options in the community including home ownership. RECOMMENDED ACTION; Staff recommends that Council adopt the Resolution authorizing assignment of Englewood's 2003 Private Activity Bond Cap Allocation to the Colorado Housing and Finance Authority for home ownership programs. BACJGBQUND, NW,YSIS, ANQ MJJINAJMS UNJUQ; Englewood first became an entitlement community for a Private Activity Bond (PAB) Allocalion in 2002 with the State's decision to include al cities over $1 mlion in PAS alocatlon. Before 2002, Englewood was eligible to request a PAB alocation fr pool managed by the Cole> rado Department of Local Affairs (DOLA). Council met with Colorado Housing Finance A lives in 2002 to clscuss PAB options including affordable housin1, home assistance programs. Council received advice from the City's financial a , It a..n Company: to keep PAB options open until mid-year to wait and see what projects or proposals would come forward to benefit Englewood. If there are no requests for PAB alocatlon then the PAB alocation could be directed to CHFA for housing programs that benefit Englewood. FINANCIAL IMPACT; The Resolution assigns Englewood's entire 2003 PAB Bond Cap, $1 ,214,738, to~b Home Ownership programs. If the CouncU takes no action, the Bond Cap reverts to th~do De- partment of Local Affairs by statute, for assignment to eligible state agencies. LIST OF ATTACHMENTS; Resolution l. ..... -,,,x .--a.--c:9A -- • • - s OF2003 A RESOLUTION AUTHORIZING ASSIGNMENT TO 1lfE COLORADO HOUSING AND FINANCE AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF 1lfE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO PURSUANT TO 1lfE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT. WHEREAS, the City of Englewood, Colorado is authorized and empowered under the laws of the Stale of Colorado to laaue revenue bonds for the purpose of providing single-family mortgage IOIIIS to low and moderalc income persons and families; and ';\,. !ERE.AS, the Internal Revenue Code of t 986, u uncnded rc&triCIII the amount of tu-exempt bonds which may be issued in lhe Stale lo provide such mortpac loans and for certain other purposes; and WHEREAS, punuant to the Code, the Colorado lcgi.slalurc adopted the Colorado Private Activity Bond Ceiling Allocation Act, Part t 7 of Article 24, Colorado Reviled StalUtcs (the" Allocation Act"), providing for the allocation of the Stale Ceiling among the Colondo Housing and FUIIIICC Authority (" Authority") and ocher govcmmental units in the Stale, and further providing for the usigruncnt of such allocations from such ocher govcmmcntal units to the Authority; and WHEREAS , the City of Englewood, Colorado 1w detcnnincd that the 2003 Allocation, or a portion lhercof, can be utilized most efficicnlly by usiping it to the Authority to ~ Private Activity Bonda for the purpose of providing single-family moctpp loam to low and modenle income per.-and funilics; and WHEREAS, the City Council of die City of Baglewood 1w ddcrmined to usip $1,214,738 of its 2003 Allocalion to the Authority, which usignment is to be evidcnc:ed by an Aasipuncnt of Allocation between the City of Englewood and the Authority; NOW, 111EREFORE, BE IT RESOLVED BY 11fE crrY COUNCll. OF 11fE CITY OF ENGLEWOOD, COLORADO, IBAT: ~-The assignment lo lhe Authority far $1,214,738 of the City of Englewood, Colorado's 2003 Allocation shall be and hereby is approved. ~-The form and substance of the Allipment of Allocation arc approved; provided, however, that the Englewood City Council is authorized to make such tcchnlcal varialiona, additions or delctiona in or to such Ass ipmcnt of Allocation u they shall deem necessary or appropriate and not inconsistent wilh the approval thereof by this Resolution . ~-The City Council for the City of Englewood, Colorado is authorized to execute and deliver the Assignment of Allocation on behalf of the City of Englewood and to lake such other llepl or actiona u may be necessary, useful or convenient to effect the aforcaaid usipmcnt in accordance wilh the inlclll of thi s Resolution . ~-If any section, parqraph. claule or provi.sioa of this RaolutiOG ahall for aay -be held 10 be invalid or unenforceable, die invalidity or unenfon:eability of IIICb IOCtion puqnpb. claule, or pro vision shal l not affect any of the remaining provi.sionl of this RaolutiOG. ' .. • • Sailia,i. Thia Raolution lhall be in full fOR:C and effect upon ita pusage and approval or • Olherwiae required by lhe Eqlewood Home Rule Owtcr. ADOPTED AND APPROVED this 3'" day of Mardi, 2003 . ATI'EST: Bevaly J. Bndsbaw, Mayor Loucrilhia A. Ellil, City Clert I, Loucrilbia A. EJliJ, City Clert for the aty of Bnpwood, Colcndc,, hen:by certify die above ia a 1n1e copy of Relolution No. Series of 2003 . Loucrilbia A. Ellla Date March 3, 2003 Initiated By COUNCIL COMMUNICATION Agenda Item Subject Staff Source Human Resources Sue Eaton, Director of Human Resources RECOMMENDED ACTION The staff recommends the Englewood City Council appoint, by motion, a hearing officer for a disciplinary appeal filed by Tony Pedron. BACKGROUND, ANALYSIS, AND ALTERNATlVES IDENTIFIED Per the City of Englewood Administrative Policy Manual, Human Resources Policy No. 24, when a request for a hearing before a Hearing Officer in connection with a disciplinary appeal is filed with the City Clerk, the City Council will appoint a Hearing Officer from the panel appointed to hear the ~al. LIST OF ATTACHMENTS Appeal Request Resumes of Potential Hearing Officers MEMORANDUM TO: FROM: Mayor Bradshaw and City Council Members Loucrishia A. Ellis, City Clerk DATE: February 11 , 2003 SUBJECT: Tony Pedron Appeal In accordance with the City of Englewood Administrative Policy Manual, Policy No. 24, I am notifying you that I have received an Appeal and Request for Hearing on the decision to terminate the employment of Tony Padron. A copy of the request, dated February 11, 2003, is attached. cc: Gary Sears , City Manager Dan Brotzman, City Attorney I/Sue Eaton. Director of Human Resources Chris Olson , Director of Safety Services Frank Gryglewicz, Director of Finance and Administrative Services • • BRAUER, BUESCHER, GOLDHAMMER & KELMAN, P.C. ATIORNEYS ANO COUNSELORS AT LAW 1563 GAYLORD STREET DENVER. COLORADO 80206 Phone : 303-333-7751 Fax: 303-333-7758 j&· W~LTE R C. BRAUER Ill T IIO~tAS B. UUESC HER JOSE Pli M. GOLDHAMMER F.LLEN M. KELMAN SHfLLEY r. DODGE ---February 11 , 2003 JEFFREY A. GOLDSTEIN Of Counsel f:RIC C. STATON HAND DELIVERED City Clerk City of Englewood 1000 Englewood Parkway Englewood, CO 80110-2373 Re : Tony Pedron Appeal Dear City Clerk: This office represent Tony Pedron . Pursuant to the Administrative Policy Manual of the City, we hereby appeal the decision to terminate his employment made on January 31, 2003 . We request a hearing before a Hearing Officer appointed by the City Council as provided for in the policies. The narure of the dispute is that Mr Pedron was terminated without just and reasonable cause . He bas not made any effort to resolve the dispute with the city administration because oftbe comments made Director Chns Olson at the time of his termination. As a remedy we request that Mr . Pedron be reinstated with no loss of seniority, that he be made whole for all losses suffered, plus interest and that all documents relating to the discharge be removed from all City files . Once a Heanng Oftict:r is appointed. he or she should contact me to schedule the hearing . TBB :1ab cc : 811! Young Tony Pedron ope1u =5 Jll·CIO ,-? - Contact American Arbitration Association 8795 N. Palm Avenue 2nd Floor Fl'lllnO, CA 93704 talephone: an.52a.oaao facsimile: 559-490-1919 Labor Panel John P. DiFalco, Esq. Current Employer-Title DiFaJco Corporation -President; John P. DiFaJco & Associates, P.C. -Owner Occupation Attorney, Arbiautor Exp~rience Ov.:r 32 yean oi experience u a civil trial lawyer ~izina in ao~ · ·· 3dmi?tistrative, 811d business conttact law inc!udiq sigllific:mt e,q:cri~e in the prac:ice l'f arbil1'atton, mediation, 811d ot!Jcr fonns of altmw:ive dispute resolution. As a rmmicmlll attomey, · par.lc:ipated in the constl"JCtt•.::1 ::miagemcnt u:· majo. pmj~13 includmj perfurmina atts c::nt:r; 3CD:ior cent:r; recreation ticiliti~; ain>un ill!prov,:men t• Id w~u:r. u,msportation, mJ W&ler;\'Bys. Familiar with di.cputes re!atin1 to diffi:r-D1 cite conditions; del.i111 defect;; =hc&e ·· orders; ,umy bonds; ;nci .mmic:-.pal, itare, 811d federal ::amract !aw. Pc.ssesscs c:onsxmbl~ · aovermnmt cq,erience, includius oe,JOfiatiaal with iedcr1l1 Gld -:,ovetWWWDt 3FDCics in cnmiection with the c:(r.11U'UCtion of jNblic buildinp. WU1eWa1m' al wmr w facilities, !nnsit ~ 111d ai:pons. Adjunct l'rofi=sscr of Law II Rqis u~ in Dmmr, Colorado.-. Arbi~ since \ 980. As panelist ror :be Amci~ ,\rbinaioa Asmc:=.atioa aml lbe Federal Mediation and C<JDCiliation Sc.-,ice. has enpaed in the pncticc of labor, COIDlllll".:W. lad cOll51nlction arbitration. mediation, md other alt.enwm dispule raolUliaa. Climm include numerous public 811d private entities throqbout the natioa. Experience in mrctiarin1 or arbi1raliq cases involvin1 arbilr.lbility, conlr:M:t intcrpremion, delays. desilD dcfecu, product liability, remedies, and many other issues. Issues Arbitrability, benefits. contract interpretation, discharp. discipline, discrimination, exu:rnal law , grievance procedure, job assipmJC11ts, job clusiiicatior,., pay, seniority, subconaactinl out, tenure issues (higher cduc:uion), timeliness. Industries Entertainment. government (fedcr.ll. stare 311d local), an,c:ery. bip:r education, mat packing, mining, oil and gas, postli. professional sports, public utilities, mail. scboob, steel, telephone, transportation. Work History President. DIF:ilco Corpor:uion, 198()..preMm: Owner, Jolm P. Difalco .t Associates, P.C., 198i-present City Attorney, City of Greeley, 1980-87; Chief~ Rclanons Attorney, C ity/County of Denver, 1977-80: Harins E.vminer, U.S. Poml Scrw:e. 1972- n; Attorney md Labor Rclaaons Specialist, l9i2-77; Aaamey. Real Esla1S and Proc:urmmm: Gcner:i! Counsel, U.S. Post:ll Service . John P. D1F<1lco. Es9. U669 • • Education Ohio State University (BA-1965; JD-1968); University ofNorthcm Colorado (MA- 1986). Professional Associations American Bar Association (Committee on Public Employee Bargaining); Colorado Bar Association (Labor Law Section); Federal Bar Association (Public Sector Labor Relations Committee; Arbitration Committee; Office Management Comwiu=); Indumial Relations Research Association; Phi Delta Phi Jmmiational Lepl Fraternity; Jntcmational P1a1form Association; Society for Professionals in Dispute Resolution. Professional Licenses Admitted to the Bar: Ohio, 1968; Colorado, 1972; District of Columbia, 1987; U.S. District Court, District of Colorado; U.S. Court of Appeals: Temh and Federlll (1986) Circuits; U.S. Supreme Court. :?ublkatim1s and Speaking Engagements "TJ1C New Ethics Rqulatiom-Cocfusint- :m•fLikcly tc ~e Changed," POSTMASTER'S ADVOCATE, Mar-..h 1991; "St~ Hznssmmt . . Revisited," POSTMASTER'S ,\DVCC>.TE, May/IU&: 1'989; "S!lpl'CIDC Ccurt Permits Cffice . . Searches of Public Empl<>y.:e:!," PCSTMASTER.'S .ADVOCATE, Der.ember 198i; "Twenty r,11les · · ror 'Effective Meaningfai Barpinmi, • P'..)SThfASTER'S ADVOCATE, Aquil 1S87; "Clnlcrm as . Nqotiaior!: b Theirs an Acquired er Inhm1m Trait?" POSThlASTER'S ADVOCATE, iune 1987; . ~ Law and Policy on Sexual Barusment," NATIONAL I.EAGUc OF CITIES, 198-+; •c.,nec:m Barpmin1, • NEW ENGLAND MUNICIPALlTIES. 1'982, reprimed. NlMLO U W IXY.lCET, . 1983, am! WASlmiGTO!~ ASSOCIATION OF CITIES. 1983; "Nqoaarioa lmpsle l'lmnin&" OKLAHOMA MUNICIP AUllES, 1981; ~unicipal Strike Plmnina. • COLOR.ADO :MUNICIPAUI'IES, 1980; SUPER.VISOR'S GUIDE TO DJSCIPUNE. 1979, rmscd 1985; . "Management Negotiators: A New Breed,• NATION'S CITIES, May 1978; '"Riglm ofCrimmals While Incarcerated.• OHIO STATE UNIVERSITY LAW JOURNAL, 1978; D~c A..~ GR.IEV ANCE HANDLING, 1973, revised 1986. Alternative Dispute Resolution Training Basic AAAArbitratorTraimna, De:tva-; AAA Adwnced Arbiautor Trainmg, New York. Compensation S800.00 Per Day PD chgd for each day ofhe:iring. considention of evidence, md prep of award. Cmcel fee: w/in 14 days=! day for each sched day; $400/sched day ifw/in 15-30 days prior ID the sc:hed h=rin1 due. If postpaned-rescheduled w/inl4 day period and then w/drawn or sealed. cane. fee applies. Doc:bans fee: SS0 .00. Languages Italian Citizenship United Staies of America Loc:ile Fon Collins., co Jolttt P. DiFal,:o, E,q. J.1669 ' • • • usum OF 1.0DIJ> J. COIID 2325 west 72nd Avenue oenver, Colorado 80221 (303) 427-7584 Q11al i ttcatioas: Juris ooc:-..or Degree muversity ot Denver Jun•, 196a Acmitted by coloraco supreme c:curt October, 1968 Acmitted by United states Dist=ict court October, l96a Acmitted by united states Court ct Appeals Harc:!1, l97l Acmitted by United states Supreme court HarC!:I., 1972 c.eaeral Leg~l sz;,erienca: Sta!! Attooey Denver Legal A;.d Society -1969 ASsocia.te Attor:iey se::-ger, RothStein & Gehler Attorneys at Law commerce Cit"/, co -1970-1972 Partner Gehle: & cob.e: Att.or:ieys at Law Commerce City,~ -1972-1982 sole Prac:-...itioner Ronald Conell, Attor:iey at Law Oe!lver, co -1982 to pruent MUnicipal and Governm.ent&l Legal IZperieace: ASsistant cou:it"J Attar:iey AdamS ccunt"J , c~ -1970-1972 t • & • • Assistant City Attorney and Prosecuting Attorney commerce City, co -1970-1982 Prosacuting Attorney Barthglenn, co -1970-1972 Assistant City Attorney and Prosecuting Attor.iey Brighton, CO -1972-1982 City At-:orney Lafayette, co 1975-1990 Leqal Ac:!visor career Service connfssian Commerce City, CO 1982 to present Bearing O!!icer career SL""Vice commerce Cit-/, CO 1992 to present Judicial Experience: P=esidi!lg Jud.c;e Nar-...!lc;le!l!l, co -1982 to present P=asidi:1i; Judge re<!eral Heights, co -1982-1990 Presiding Jud.;• commerce Ciey, co -1987 to present Acm;o;strative Lav Judge Ada.?IIS county, co -1988 to 1994 Bearings: Rate: $100 per !lour • • - BENNE!T .f. ~ RESUME 0 0 t..iw Offlc:s c:/ lle:mc S. Aisc:zbq. P.C.. Dawr, C2aado, 1910 -psam Psnr.e:. Ciarsuc::. Eiq:is. c-;,i:le!l. WIim ml~. I:cvc, Cok:ndn, 199 • 191D B.A., Eamcicic:s. !mn Umvc=y, 19~ LL.! .• K1rvam I.aw Sc.'1ool. 19!! • U.S. Ar.rzy, 19!.S -19Si P:ai==, ~ O'ni'v=ly Cab ci CQ!ar..do, 1967 -!.9i0 ~~Law Sc:col Anc:x:vioa al C::imdo, 1914 -1~ C=icr..do T.i:al u~c=; ~.:man. !ami ~. lffl • 1914, P!ISi.d=. 1914 • 19C I..=irc:. Ca1c:r= Tai ~ .1ssn:::arinn lffl -pm:ic Tr..ai ~ !'er Po.:alic rustic:. !mm Oli:;:lam <Calmdol ~ }fc:CC". P....bilc !usdc: rom:dlz:m lmc:::!:lcaml Sc:c'..ety at 3ar:-...sm:s C..~ as a Cvil !'lUi ~ !'flcc:al!Olft!oi'!ml~, l!iJl4 • 1994 Ceve:-3lr A.ssoci:mcm • P:aidc= 1991 • 1992; Ttrm. 198% • 1915. lffl • 1990; Rr.nsc:mive:, !card al Ca.caxas al C:llaado Jar .o\mrl,..,, lffl • t9IO: ~ ~ Conzr:rimc m, · lfflt Oaizp:::DI. Tm Pm= ID Asa t.cp1 Synec. l9e · 198a C:lcndo Ba: A.ssocscca • C:ai..,:m. Ia=,mfi · nal Cmowiar::. l9"T1 • 1910; Cai:';:m, .~IC"'....uiw ~ Rcmhmon O:nr:im:: cm~ lffl- 1980: :-== C:mcim,e 1986 • pn::c: Amic:D C=-C 41M, 1991 • 19"' Izm:-Jc:=r. Tcr-. t:.iivc:::iey af'Dc:M:'. Sc!:oa1 alt.a. 00 °1945: Im:-.:c=, R=1 E=== t..iw. Univ=cy al Calmda Fmnsk:n Semi. IMO· 1983 ' .. • • ramw Nadmal aim ftrTml Anai:J. 19C. mo Amm:aBallll at'nil1 Mvarms Nadaul Academy al Ammlmn: .,,..,_, 0 II ca Law lllll I...,,,._, ltld • pnmm; ltd:yMm min ...... 0 I ,..., lSIM. ua, Lam-Arbmar. Fedlal Merledre aad Cm:fJhdrn Seroa -- 0 I ORDINANCE NO . SERIES OF 2003 BY AUTHORITY 0 0 COUNCIL BILL NO. 10 INTRODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE AMENDING TITLE l S, CHAPTER l, SECTION 2, DEFINITIONS, TITLE IS, CHAPTER 9, SECTION l, PERTAINING TO VEHICLES; INOPERABLE; AND ADDING A NEW TITLE l S, CHAPTER 9, SECTION 2, PERTAINING TO (VEHICLES ; OFF ROAD (ORV), ENGLEWOOD MUNICIPAL CODE 2000. WHEREAS, Englewood City Council wishes to address the issue of storage of inoperable and off road vehicles in the front, side, and back yards in the City; and WHEREAS, the City Council, through its police powen, finds that it is necessary for the health, safety, and welfare of the citizens of Englewood to regulate the storage of such vehicles . Section 1. Title IS, Chapter I, Section 2, Definitions, is hereby amended by deleting definitions for Vehicle, Derelict and Vehicle, Hobby and adding new definitions for Vehicle, Inoperable ; Vehicle, Off Road (ORV), Carport, and Car Cover, to read as follows : l'eltiek, ~f. Atiy vehiele .ohieh i1 ,.w1l111&; dsms11i&. • 11t•11RBlially ll'ppsntl1d le ...... , lhal ·-•• ehiel, ii •• , ....... ii •• ,, •••• en,-, ...... -··· - , ..... II ahail illellllil -, t lhi•I• milliat w • ... wh11l1 m-, , lhi1l1 wlliell leelHI • ,-a 1i111111 , .... • .,· ri1111 Iii.._• 111illiell Inks...,.., ~isle, HsW,,. ,~11y , Miele tt}fltefi,11 .. "*'I ,,,_ 111 ,,_~,-.JAeillr ... ill, ,.,,...,w1 sr ,,..;,.,.;,w • • lte6J, er ,I; • .,.;,11fre• w ·, ,,.,..,_ ,,,.a,11: ....,, ...ie w, a,erf,,.MMI twr, aff NM ,Miele, -' ,.,, w-' ....,., ,NW.. Ycbiclc lnPPCrabk · rnreoe MY xshicls that ll if iJ¥1mbfs ofmgyig iP e lawful 'DIPW ypdq its own oower or 2> lacks I sWJFPI lime nJats w 31 ii wm*ec! dmtsr4 di1m1Ptled 2r ipcqmple!CJx eusrnbfr4 f ebjc/c QffRqad CQR r> · iPEJwle but ii P91 Jjmitpd IP elHeDiP xsbisJs CATV), mini- bike dirt bike, bovsqaft, dupe busBY BP:SNS, Jet-rmmel WIWIBIOs PFS cu w other vehicles that arc P9J sbJSJ lspl in tbs Swc of CoklJde pppjJppJlfl xsbiclc airc raft, and trailco for apy of lhs f orqoins sxa if g;ppp;ly lmw1 Carpqn · mgns a structure with a roof but Wikins a aelid Hfkwall Car Com · OJCIPI IPY 0Pr4 OONJYC COYSOPS 2'1PHftsbV1!! fw: thc IPFEific PHJPAM pf CPY FrinB I cu or mgtprcycle Jame that HS pgt figgl rw thp IPFFifki PHJP9IS pf COYCriPB I car w mgtgrcycls NS pgl ·:r. CPYm" fw ghc PYPllMI pf this 9¥k Ha rd Sur[a cc. DlGIPI f lurqce pf SSPlCPt tlPbtlL II PIYSI that ii dmt fge yd unde rli n the entire xshicle Solid Fen«· men e feose M fkfipp;l in 1H:17(Cl(2) fnMC u lll'CPded ' . .. .. ! ' • • ~1.. Title 1 S, Chapter 9, Section l, Englewood Municipal Code 2000, is hereby amended to read as follows : Chapter9 VEIIlCLES; 9SREblc:r ,y.ig JIQBBY INOPERABLE 15-9-1 : Vehicles; Qe,eliet all4I HeMly Inoperable It shell he lllllar.·Aul BM ewideled a 1t1:tie111ee fer MY pMUe8 te 8tel'B, maiBtaiB er keep 1111y dBl'Bliet er hehhy ,·ehiele, 81 defiBed 1,y this :i:ille, 88 MY 1'881 prepeftY er adjaeeat pahlie rtght ef way iB the City aeept as fellewe. Thia Chaptq is iokiD4r4 tg addrep the WARS IMIMG pf jpmpahJe apd off road vehicles It abfll yplawft&I and r,gpaifka:r4 a oniere; for IPY pcrson SP llPR meiollin w m anv ingpqable YGbicle in yigJ@gp ofthia Qvmte: lbs owns of a iqqpp;ablc YSibicle w of[rpad YSibisls v well u the oreamot IP4 owner o[the prpppty whgg IY6b I xrbWIG ii um4, abfll J,c CFIPOOliJJJs for the NiPlFPIPSiG of such vehicle in rnrnolieoos witlJ thW Aemm: A . Jpopcrablc Vehicles in ~litll Je11e, 4U R Zqa, Dytricq 1. =Rt-IIMII he 11a mere thaa 8118 hel,1,y er .._lill vehiele mniBlli11ed er sterell 88 Ille prepllty efMY PB1ill•11 ill a 1enill•tially _.. dillfill, .rAlieh ·,ehiele shall he steNd ill a Nlly wl111d ..... er ±ilnr w .• •.,.._ma, steN the , ehi1l1 ill a.., .. • •P• -id the , llliala IBII ila,... -kept llttiNi, ...... with a lia N'Ml....,... • ••• epa.-• ,.... s-.e er 88\lftlll i, 11111 .. .....-WMB the·. llliala ie ?llllally heiaa ....... - 1. No jnopcrabJc xclJisJc abfll be l!9JRd wjthjp w frppt xml K!bri a. lila pe,aea ahall llafll er u•Bllt • ..,, hall..,. • MNliel ;eehial, •»ilhill Ille yard 111h1all er ill er 811 MY plllllia prep-, • liahl ef wwy. 2 No person abfll store or wort on MY jngpgablc YGbislG wjthjp w frppt YID1 Yilbesk or in wop MY puhlic prpppty w riBbt:A(vx WcSPS Jbet Heb YGbisles max he IFJDppprilv NiolliresJ ip thc; frppg x,rd MiSbeGk PP a hapl awflfrS for the pumgsg of UJAIP9Ga Jswlioe HW91f!io, w oJhe: fSDR5INY IGPviJiGI Such qapspgn, Jswtioe unl9N!ios w oths !APPSWY IFJiyitic;i abfll P9I MFPF4 cishl C8l hours ooe Cl l dax w Also4tr ws J . l=hee-efa.._lieterhel,I,, .llli1l111 .'911Mehe11 ... 11111B11e.J11•1f the preplfly shall he ra111 e111ihl1 ter the I nn • ....... ef llllelt , 11lial1 .......... ~ ........ l. An iumpablc xsbiik may PPS las IMD4 in , frlPPI, AP PPPPRlbtG xs+kk PMY be IIAR4 in I fully FPfilsm! 11D1E pg WDiJs ID¥1JD 2 ' ,._ ... • t • 4. The eWBer ef a helllly vehiele er derelilll , ehiele "8N4 ill a ,eaidentielly 11elNNI tf ,lftlll ahall Nsilller the -,ehiele widt die gepllWIIIIH efMeler 'lehielea, s .... er CeleNlle . 4 9Pe ipgpe rat,1e vehicle may be IM04 ip I JW gr li4F yard MiSbwt if it is PP I hagt surface nods a car E9YS bGbiw1 , eolid Cmf:S IP4 esrrmr4 frpm riew of adiAGFPt pmpertig and public tjghg:e(-way S. 1>1e 11-e11 ahall aleN e11 a -idaltielly MINNI prepllty a helllly er dereliel ·tehiele ill 'lieletiee efdte 1111 ferdt ill dtie lNll11eli1111ilt (6). NlillR te eemply ahall lie a ·Jielatie11 efdtie Cede, 6: s~ aiaale r11hi1Je ....... 8ll .. prepen, thla ii 18, ... widt a ti1 ... NIWM er edter •11..-ee ,...,. ia-.... 1111 llaN _._ w1 • re.. E4) w, i11t111ed liree ia prelUlllld te lie Nlly Ii,_,., .... wl s .... -,,•• wl ll8t a derelilll er helll,y vllliel1. If.,.. lila -r.11hi1l1 ia 18"J ... wl ..._ 811 IIIY - prapllty, dtia ......,tiaa ±111 Ml_. wl ii ±all 111 the INiy efthe City te •• be wh.._ the vehial• -._lilll • helllly II deh1d l,y dtie 118'ia11 wl le take MMil IIIIIINNI 81 .. nth8liillecl II, dtie leetia• B. Inqpgqblc Yehle/a In llwi-a1-' ~ lenc DLrtrlcfl Qtbg l'ben B- l . He p11181l ±all aep a haW,, • ... lill , lhi1l1 b a 'M11bm 111111d--.. ..... 11111h r. ..... ia ..... b 8 WJ, ....... W •• --..... hlll Jift. Bf ldjlf• ,.., ... wl ,-Iii RIMI llf _, I I . No jpgppghls xsbisls nbtll bp fflld Jfllse it ie fl! I hpd IMDIFS bphipd I l9M4 f9lFS p1 mmm! frpm Yin o{t4iwmJ pmpptip p1 PYbfis dP'l:9C- wax gr ip I fyQy msJmm! CAD a. Ne 11-whe Nr 'd11 ia a •rillm •. ••ltrill 1111d _...±all...., -..... helli,, ........... -the,..,..,, 1. 1-11-ara ...... 11.i,,, •• ,11.wa1111theer .. ,, .. ,_.._.r dte P,IIJllt) ±all N r11J11Blilllr fir dte C . C I • ..... ef 11111h u lhi1l1 HI 18111plilll11 \!lith lhil ,a.,, ... 2. Jhe moyificg of thif SecJim NII PAI ply IA t 'RIPW pllgg JifrSDlgl IYJOR)ptjy5 HIS 4. 'Rll e.-ehhrllll, ,±irl• ••llill .±i1l1-•iaall 1111111• dieliMI ±all Rairl• the .1hi1h ,_... the II .... efCrl, .... glJIIC a el J leler V111i1l11 S. 1>11111•-±all ... • a II -•,..,.., a 1111111, • ..._. u llli1h ia Jielali• efthe I -... ia IWl 1111l11111i1uia (6), Fli•U• Ill fl) ±all Ill a Ji1l11i 111 ,r 6il Ga• ,. '.AllpN.ili1• lf6illllll1111i1111ia(6}±1111111lflll) ..... llt) ...... ....................... l • • - • 0 Section 3. A new section pertaining to Off Road Vehicles is added to read as follows: 1s-2-2; Yshislss· Off'Rpad <ORV} A. QffRqqd Yebicles CORY) ia 411 B Zone Qistrlc4 1. No ORV sh.all he stgred wjthjp the fmpt yard setback 2. Ng person shall store or work PP IPY ORV within the frppt xv4 setback or iP or on agy PYhlic riPkPf·wav sssm ghat 8HFb uhicla mu he kmlPPINilx meiornirr4 in tbs fmpt xv4 M1besk PP a hard IWPfrl for Jhs RWPR1S1 of tramport, lowtios uoloestir, m gthg 1CPlP9DD' activitic;e Such IIPIP9ds lrwlios YPloectioe w gthg SSOJpgg[y actiyitip !bell PPS errms' sisbs CR> hoYD PPG Cl) day IF ca]plpr vsk, 3. An ORY vehicle max pgt hs stpred in a camg¢ Ag OBY vebiclc max be stgrgt in a fullx encJosgl grass w eirnilv ltrucJWs 4. An ORV may he S9'T4 in I rpr w Nfk xv4 essbesk if it M SIi I hard sw;faes hphjpd I sgljd fepg; IP4 ISI"SPS4 fgpm vicw ofadj¥SJI llPPSJSie IP4 public rjBIUl-9{-y.:,y ll. QffBqad Ycbides CORY> in Zone Qwricq 0bcc l'bea & i · Ng jpopqabJs xsbis1s """ he MPJpd upl5M it ii oo I hard IMPIFS hsbiwl I WM feru;c IP4 IS'l?P'F41 &pm m af adilf:SPt prppptip IP4 mtNi? risbJe:qf·nx w iP I fully gJosgl IID¥i9P 2. The prgyisiPN of this Ss;ctipp ""'' 991 ply IA I pgmittpd pd/gr Jig;ppd ORY Section S. Safety Clauses . The City Council hereby finds, determines, and declun that this Ordinance is promulgated under the general police power of the City of Eqlewood, 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 bean a ratiooal Rlalioa to the proper legislative object sought to be obtained. Section 6. Scvcrabjljty. If any clause, sentence, puaaraph. or pan of this Ordiaance or the application thereof to any person or circumstances ahall for any l'NIOll be adjudpd by a court of competent jurisdiction invalid, such judpnent shall DOI affect, impair or iDvalidalc the remainder of this Ordinance or it application to other penom or circ:wmtaDcea. ,, ' .· .. .. • I • • • Section 7, lncomistCQt 9nliDIDEA All other Ordinances or portiODS thereof incoaliltcnt or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of IUCh inconsistency or conflict. Section 8, Effect of repeal or mgdjffgtjon. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance aball not releue, ~ alter, modify, or change in whole or in put any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision aball be treated and held as still remaining in force for the purposea of sumiaiag any 111d all proper ICtioaa, suits, procttdiaga, and prosecutions for the enforcement oftbe penalty, forfeiture, or liability,• well as for the purpose of IUltaiaina any judgment, decree, or order which CID or may be readcnd, entered, or made in such actions, suits, pmceeclinga, or proeecutiom. Section 9, Em111x. The Penalty Provision of Section 1-4-1 EMC aball apply to each and every violation of this Ordinaace. Introduced, read in full, and puaod Oil fint reading Oil the_ day of ___ _, 2003 . Published• a Bill for au Ordinance on the __ day of ____ __, 2003. Beverly J. Bndabaw, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I, Loucrishia A. Ellia, City Clerk of the City ofl!qlcwood, Colorado, hereby cmify that the above and re a true copy of a Bill for ID Ordiaaace, ildroduced, read in full, and puaed on fint readiaa on the __ day of _____ __,2003. ' I Call to order '7-jb,m. 1. 2. 3. Invocation/)~ Pledge of Allegim 4. Roll call Members: _7_,______.preaent 5 . CC~minutes ~~-0 ~ ·• • • 0 r---, ~~- ----..:....:· ' • • . . . ·• - • I • . ) lJ· ~, . ~~- ,··- j -1· \.l___.) lld)~~ • ~ {fi -~ ' . ' t .. . ·' . . . . . . . '· ~ . . -- 0 ' . ·• • I • ·o ' t- r·--. (__J !?3 ---~Pw/fM ~ µ13 / l.dli,,1><-ffll /kA~~ ~* .. .. ' .. . . ' . . ': • . . Englewood Civic Center • Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order.(/;~ 2. Invocation.~ 3. Pledge of Allegiance.~ 4. RollCall . dl[ 7 ~ 5. tufr1fr;0 -,.._ now. If,-'-e • ......, ...... ...a.,y_. •---......... Cllrflll1E1f11-••-III (303-762-2405)• ............. .._. ................... 11111111,-. a. Approval of Ordinances on First Reading. b. ~ tJ?_JjL _f2_ d?J) Ji_ (hJ:IJ-ij_ (J'tj-/t~ m,-=11 ~ p. 02d-lt -- ~d#?2 C. i. Council Bill No. 17 • Recommendation from the Public Works Department to adopt a bill for an ordinance accepting the dedication of a Transportation/Utility Easement adjacent to the Korean Emanuel Church at 3095 South University Boulevard. STAFF SOURCE: Ken Rou, Director of Public Wolb. Approval of Ordinances on Second Reading. i. Council Bill No. 6 , amending sections of the Englewood Municipal Code regarding the Upper pH Limit for Industrial Discharges. ii. Council Bill No. 9, ordinance approving redistricting of Council Districts. iii. Council Bill No. 11, approving a Water Supply and Facilities Agreement with Centennial Water District iv. Council Bill No. 12, approving a City Ditch License Agreement with the Regional Transportation District for fencing along South Santa Fe Drive. v. Council Bill No. 13, accepting the transfer of the property known as Parcel 2 from the Englewood Environmental Foundation to the City of Englewood. vi. Council Bill No. 14, approving a property transfer from the Englewood Urban Renewal Authority to the City of Englewood. vii. Council Bill No. 15, accepting the transfer of the Revised Parcel 2 from the City of Englewood to the Englewood Environmental Foundation. viii . Council Bill No. 16, amending sections of the Englewood Municipal Code to Clarify Sewer Rates. Resolutions and Motions. ii. Recommendatio11. from the Public Works Department to adopt a resolution allowing for a negotiated contract with Bituminous Asphah Sealing Specialists in an amount not to exceed $360,000 for the 2003 Microsurfacing program. STAFF SOURCE: Ken Rou, Director of Pubic Worb. Recommendation from the City Manaaer's Office to approve, by~, the placement of the Museum of Outdoor Arts' "Design and Build" proj«lr throughout the City of Enalewood. STAFF SOUia: Michael Flallerty, Auistant City Manqer. ~note: Nyouhavealllalllllrwl.._...., ..................... Cllrelf .,, .. . (303-762•2405)al ........................................ ,... ' .. .. . . • . • • Englewood City Council Agenda March 3, 2003 Pagel 11 . R,5u1ar Agenda . a. b. C. App~ of Ordinances on First Reading. Approval of Ordinances on Second Reading. Res~ns and Motions. Recommendation from the Public Works Department to adopt a resolution modifying the Public Works Pem7!.5~dul~AFF SOURCE: Ken Rosi, Director of Public Worb. .,. , '"',~ Recommendation from the Community Development Department to adopt a resolution approving the proposed Development Review chedule. STAFF SOURCE: Anthony J. Fruchtl, Planner . Recommen i.:ation from the Community Development Department to adopt a ~(/- resolution authorizing assignment of Englewood's 2003 Private Activity Bond , n.1'1~ap Allocation to the Colorado HoE~~:~i:~·an&e :'?!.'ority for home ~~ J . TV. ownership programs . STAFF SOUR ~Mari~*:rnior Plan~ iv. Recommendation from the Human~~ent to appoint, by motjoD,,_ a hearing officer for a disciplinary appeal filed by Tony Pedron. STAFF SOURCE: Sue Eaton, Director of Human Resources. !}pf'~~~~" a. Mayor's Choice. b. Council Members' Choice. n i. 0 Approv~ of Council . '/.,.-and settin a u ea n .............. ~,iiiiiilal 11. City Manager's Report 14. City Attorney's Rep ort ._ ~ ~/"""~h~ ~'({ Wr.it,.__ Adjournment. ~; ~ /1{;)..~ )J,v,,wf-~ The foll owing m inutes were transmitted to City Council between February 14 and 27, 2003 : 'w'4./II,( , Englewood Housing Auth ority meeting of JMiuuy II, 2003 ,,J _ ~ , Englewood Urb.n Renewal Auth ority meeting ol November 13, 2002 {AA) Jo "'-' Alliance fOf' COf'nmerce In Englewood meeting of ~ 9, 2003 / .. J-• Englewood P,1rks and Recrntion Commi11ion meeting of ~ 9, 2003 .., J Englewood Transpo,Ution Advisory Convnittee meeting of~ 9, 2003 K ep Englewood Bnutiful meeting of )illlUilly 14, 200 3 Englewood Plannmg <1nd Zoning Convniulon meeting of febru.,y 4, 2003 ,.._ INIW: If yo11 lywe. tlaaWlly wl .... ....., ............. .., .. Or .. , -.... (l03-7'2·240S) at ._.• ..... la.._. ..................... ..._.,_. ·• t .. •, • •