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HomeMy WebLinkAbout2003-05-19 (Regular) Meeting Agenda Packet•• • • ~----{ ) '1 _ __) . .. ~ ... • ,. I .. . -.,. . . .. . ·. •, •• '!--... . •' -" ... ' .. .. . . '•. Regular City Council Meeting May 19, 2003 ORD #/.;<s: //,. / 7 40, 41, 42, 43, 44, 45, 46, 4l '""'°'~ ~ ~, •. 50, 51, 52, 53, 54, 55, 56, 57, 58, 59 .. ... :.•· ··~ .. . .. . \ • . .. . . ' . "' .. • • • • !' • • \, • 0 . . . . .~. ' ' •· • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Ma, 19,2883 I . Cal to Order The regular meeting of the Englewood City Council was called to order tiy Mayor Bradshaw at 7:36 p.m. 2 .......... The invocalioa wu giwn by Council Member Nabholz. 3 ........ A ...... The Pledge of Allqiance wu led by Mayor Bl'ldlhaw. 4. RolCall Present : Ahlcnt: A quorum was ix-it- Council Members Nabholz, Moore, 0anea. Yun:hicl. Bl'ldlhaw Council Member& Oruu1ia. Woloayn Also .,._.a: City Mamter Searl S . M....._ City Auomey Bro1Zm1n AuilWII City Mana,er Flahcny City Clerk Ellis Direclor Fonda. Utilitiea Direclor Lons, Ubnry Slrvicel Director Oryslewica. ~ ..S ~:fn'wiMnliw S.V.. Direclor Ollon. Safety s.va. (a) COUNCIL MEMIIER NAIHOLZ MOVED, AND IT WAS SlrCONDED, 10 APPROVE THE Ml~ OF 11IE REGULAR CITY COUNCIL ManNG OF MAY 5, 3113. Mayor Bradshaw asked if there was any diSC\ISSion or correc:tions. There wu .-. Vou....tls: Moiion carried . Ayes : Nays : i\llltain: Able111 : 6. Sdledlllell Vlllton Then: were no scheduled vi itors . 7. UwlNWV...._. Council Member& Nabhob. Moore, Yllldlict. Bndllllw None Council Member Olma Council Memllen Woloayn. On..tia Enpewood City CouncU May 19,2003 Pqel a) Kevin Mcbust said I am one of the coaches for the Flood Middle School Technology Team. We arc just right over the hill and wc arc here to share some exciting new1. Most importantly, wc arc the 2003 State Champions for the Technology Club of the State of Colorado. He said I am proud to have brought three members here with me tonight. We would like to tell you a little bit about the Technology Club. I would like to have these fine students speak to you for a few minutes. We arc going lo show you a shon clip of some of the work we have done and then, I'm going to ask you to participatc ... l'm going to extend to you an invitation to participate in our endeavors. One of the things that wc have been afforded the opportunity 10 do, as State champions, is to travel to the state of Florida to compcle in the National competition in Orlando. Florida. Our Technology Club was founded at our school last year. Last year, wc took founh place with ten medals. Thia year, our team of fifteen students brought home thiny- threc medals. Eich member medalled and wc were, in fact, the best team in the Clllire State of Colorado. Some of the things wc do arc problem solving events. Thia year the lltUdenta were given a bag of supplies and asked to collllrUCt a device out of rubber bands, straws and paper clipa !bat will fling a ,;ukcr chip across a room as far as you can. They arc called to do tasks wha'c they arc uked to dcaip bridges out of wood and these bridges arc tested to sec how strong they arc. They arc called to do challcnaes on computcn where they solve problemll given to them that day. So basically, these students take what they learn in our club and compete against other 1tuden111 on a state level and a national level. But instead of hearing this from me, as a coach, he said, what I would like 10 do is to allow some of our students to tell you what they participated in, what they lcarncd and why they arc looking forward to going to the National competition in Florida. Levon Fuhr said I have been here for two years. This will be my last year on the Flood Technology Team and one of my events is doing what you all arc doing ... having a chapter meeting. Well, our chapter meeting is kind of like this only we have a lot less members and wc took first with that. I would like to say that this whole experience has been great for me and I have gone to three of these National Conferences. Thank you. he said. Mayor Bradshaw thanked Levon. Nicholas Nabholz said this experience for TSA. our Flood Tech Team. has been really fun. One of my events was manufacturing challenge. where you had to come up with a new in~Ylll and innovative idea. Mine was a back massaaer, a little hand held back 1111111p lhapod in kind of a double L. It had four ao(f balls, and was named Back Nine. I think the reason why I aot aoicl is becaUle it woned on ewryt,ody pretty good as compared with the other things. This experience hu been really ,ood for the pul year that I have been in TSA. I'm going to go through it in High School. he said. because it is a really ,ood progra,r tobc in . Mayor Bradshaw thanked Nick . Lisa Fuhr said this is my first year in TSA. I was kind of nervous. but my brochcr Cllleffll it. so I thoupt. it might be something I want 10 do when I grow up. so I decided to join. My eYCIU wae in~ and innovations. I did GPS mapping, Global Positioning Satellite. and I took silver in that. 'n-I jllll lDOk a subject and I had 10 do a rq,on on it. Then I did leadership challenge. We wae giYCII a problem and we had 10 write out a plan. Our problem was that our teacher had a "no club zone", so -had to try to persuade our principal 10 get back our clubl. We took ICCOlld in lhat apin. In Pin Desip. we had to design a pin for Colorado and I took bronze in !bat . I think this expsienc,e ii ieally somedlina 1h11 everyone should participate in. bccalllC tcehnololY will help you throupout yow whole life. You can't leave it behind or else you arc lost . Thanks, she aaid . Mayor Bradshaw thanked Lisa . • t .~ .. • • • En&lewood City Council May 19,2003 P11ge3 Mr . Mcbust said, if we may , we would like to show you a short clip of another of the competition pieces that we did, which was designing a commercial for pen.pcctivc busineas partncn. to partner in our Technology Club, because our main goal is to develop leaden. at our school who arc capable of meeting the technology challenges that they will be facing in the coming yean.. The tape was shown . After watching the first clip, Mr . Mcbust said this next video was done by one of our coaches. The tape was shown. Mr. Mebust said these arc our kids and they are your kids too. I think you should be very proud of them, and I'm sure you arc, for their achievements this year . We have been raising funds all year to anticipate and prepare for our trip down to Florida. We realize that every family does not have the resources to send a child. We arc sending a team of eight students down this year. We have been doing everything from Christmas holiday sales, to sucker sales. and we arc having a Sock Hop this Friday night that you arc all invited to. We had a bowl-a-thon, a comedy troupe ... we have done a multitude of events . But we arc here to invite you all to partner with us. to extend to you the opportunity, if you have the resources, and if you have the interest, to be a partner with us, as we send our team to compete nationally at the National Competition in Orlando. Florida. If you have any questions, I would be happy to field them, and if not, I want to thank you very much for your time and your interest and for allowing us to come here tonight. So thank you. he said. Mayor Bradshaw thanked Mr . Mebus! and asked if there were any questions. There were none . Mr. Mebust said I would like to leave just a little bit of information with Council . We have our web site on here and please feel free to look up our web site on the Internet and feel free to come by and take a look at our chapter club. Thank you very much . Mayor Bradshaw thanked Mr . Mebust again and there was a round of applause. She said it is so nice to see young people involved in positive activities in our City. Council Member Nabholz said thank you for the extended time tonight for these kids. I know they were unscheduled visiton. and we took longer, so thank you for the lime. Mayor Bradshaw said kids arc always first. She mentioned the Sock Hop. 7 :00 to 9 :00 p.m .• Friday ni1h1. at Flood Middle School. She expressed congratulations to the three Aood Middle School Technology Team members present this evening. Please convey our congratulaticMw to all your team lllllle5, she said. (b) Bruce McDowell. 3250 South Elati. said I attended the work seuion on the 28* repding how the City is going to raise taxes ... actually they were talking about new taxes, and I guess I had some issues . You are looking confused Mayor, but you were there . Mayor Bradshaw said I know, but I'm confused with the term taxes. what taxes? Mr . McDowell said it was the '"lucky you work in Englewood" tax. I believe. The Mayor sta ted that is the occupation tax . Mr . McDowell said it had some sort of catchy name . As a person who lives in Englewood and works in Englewood. I would be the one who would pay that . You know. I have no problem paying taxes. I believe this one is regra5ive ... everybody ends up paying a llat rate, regardless of how much money you make. As a secrewy/treasurer of Communications Workers of America. we have our office right here in Enslewood. We have a payroll of around 300 people ... actually it is about 320. On any given payroll period, I probably only have 50 to 70 employees. Some of them only "''Orking a couple hours. and a lol of these people may indeed work in their rqular job& in Denver or Aurora where they already pay a head tax . BUI the businas iuelf is ac,in1 to pt taxed for each one of these . I find this to be somethina really hard on !Mineues with pan-time employees. he said, and I just wondered if there had i-n any consideration 1iven IO this . Let me say, I did not hear very much discus ion at thal work se ion. It seemed like everyone pretty much had their minds made up dial tllia - going to be the easiest tax to sell t0 the people. bee-we arc really talkina about iuina dloac oct.. people . the ones who Ii ve out there and jllll come hen IO work . So I undenland dial piece. bul I wondered t • • En&lewood City Council May 19,2003 Pqe4 if there had been any discussion about the part-time employee that only works two hours for a given business in a pay period . The other issue I have, and I didn't hear it addressed, was what happens when business picks up, sales tax revenue is generated again, and now we have a new tax . What happens? Is there a sunset on this or are we going to lower someone else's tax and keep this one? I see where somewhere tonight we're talking about some sort of an incentive package for Gart Sports. ls that an offset? It is just a question. Thank you very much, he said . Mayor Bradshaw said that is a good question . Thank you. I think our City Attorney could address the part- time concern. We discussed that this evening. City Attorney Brotzman said in the Study Session, the ballot question initially proposed had an hour limit of 20 hours. That has been shifted to a dollar limit, so there is going to be a minimum amount that an employee actually has to work. that being $500.00 before the tax would actually come into play . That would be for the period of a month. The other issue, regarding rebates of tax or sunsets ... no there cunently isn't a sunset provision built into this one and that is raerving the right to Council. So if things do tum around and we could give the tax back, it's saving that question, so they could give the mill levy back, they could reduce sales tax or they could eliminate this tax. So, no, there isn't a sunset provision, he said, because we are keeping that option open to Council. Mayor Bradshaw thanked City Attorney Brotzman. Council Member Garrett said I would like to speak for myself on this one. When you said it wu an easy one to do ... that wu not really the reason I did it. There were three different options that seemed viable and we thought two of them created problems. One is a sa1a tax on services, which bu never been done in the State of Colorado. So we thou&ht implementation. in my view, would have been very difficult. The other one was a property tax increuc. Wilh the school system in ln>Uble, and we all know alJoua aome of the cutbacks they have had to make, they may be aeeltin1 their own property tax increue. and I did not want to step on what I considered their major fundina mechanism. So that is the reason, he said. why I felt this would be a better route. as opposed to the easiest. Mayor Bradshaw said that my idea was that we have people who come in here to work during the day and don't live here, and they need to p11y for some of the services that they require ... police and fire, since that is 37% of our budget. Mayor Bradshaw asked if any of the other Council members wanted to make a COIIIIIICIII. No one did . (c) Pal An:her, 2845 South Bannock Sll'Cet, said I ditto Bruce's conccms. u I am also a new business owner here in Englewood and I own a home and pay property taxea. I have a very small staff and we arc just getting off the ground . We don't foresee a profit until ne,u year . B .. I haven't racan:hed what that tax rate would be for employees who work 20 "'-s or over. so I will have to look illlO that I do have some concerns there . But. she said. I did not come up here tonipt for that purpoae. The reason I am here tonight is on a personal note . I have reccnl. and prolonpd, ~ aboul two reneers on the north and south side of me . The biggest concern I have ri1hl now I abouc the 1arbqe and I undent.aad thal die neighbors on the north side of me have been ciled quite a few times for prt,qc. TIiey have aboul fiw: months worth of 1arbaac piled up. lcanin1 on the northwat conier of my fmcc in the alleyway . It la aboul live month worth of prbaac. I have warched it pile and pile and pile up. They allo have prbqe apin. for the third time, on their fron1 porch. which la a pretty short dalWICC from lhe llrecl llide. /u a result. the garba1c has consistently flown onto my property and I'm clcani• up after thete 1uys thaa rent. I understand now, as one of the neighbors jUSI inuoduccd himself, that there arc f1XS ,-s there . Now, I have complained . I.any Medina from Code Enforce..-has been out and pven them vwbal warniap and 1ted them . I also had an incidcn1 where one of the neiahbon hierally rode over my prqllrty. I uw him do 11 and called Code Enforcemen1 rc1anli• thal inc*-. They dad IMll wrile tllal .,._ a lldla. Aboul four week ago, I had an incident where I ailed the Cuy of Enalewood police. I had aboul dne iacideals 1n • h t ... • • • Englewood City Council May 19,2003 Pqc5 three weeks time where I had something happen . I have pictures of over a case of beer bottles, empty beer bottles, busted up beer bottles. I counted them, but after 24, I stopped counting. Cans and garbage have been tossed over the side of my fence, onto my pebbles around my landscaping. It seems obvious that the person knew I had pebble rock, river rock. on the inside of my property, so they deliberately made sure the glass was busted. I heard it . I was in bed, it was about 9:30 Saturday evening, and I heard the crash. I have two dogs and they raised a ruckus. They were barking like crazy, but I just missed them. The police were out there fairly quickly. I still have not quite finished cleaning up the glass, because it is in so many shards and I have a lot of other yard work to do. I would like something to happen regarding the neighbors and the trash, she said. It is kind of ironic that I sec on the agenda here, that there are two resignations of members of Keep Englewood Beautiful, from that committee or whatever that is. I also have a neighbor on the south side of me and his house has been in disrepair as far as the paint goes, for over two years. I moved in, closed on my home, on March 2, 2001 . I've got a picture of the bottles and I have a picture of the side of my neighbor's house. I have talked to Joyce Parsons a few times about this and she did tell me in February that the house would be painted. I will tell you that I was on friendly terms with those renters on the south side of me and they told me, some weeks after I moved in two ycan ago, that the house would be painted, that they would be getting a reduction in their reru for keq>ing up the house. These renters have been there for IS or 16 years . J cannot locate their landlord. I have gotten a hold of the tax Ulellor's officc and found the name of the property owners. but I cannot locate a phone number . I know I can send a letter certified and know that they have gotten the letter regarding my conccms about their property being in disarray and their junked vehicles in their backyard. Which brings up one nxn thing, Ille said, and I have to mention this. The property owner and the rentcn there on the south side ... well they love their tree . There is a huge, hundred plus, old cottonwood tree in thal backyard. What that tree has clone. over tbc course of time, is develop a large, nasty root system in my backyard, on my property. Now, for two years in a row ... knock on wood ... maybc I won't have to call a roto-rooter, IIO come and bail out tbc plumbina in my house because I'm afraid that root system has interfered with the septic system in my back yard. So, what it did, ultimately, is it destroyed my yard after I moved in. I just raeeded, tilled it and all that. fortunately, the Sunday before the snowstonn. So the seed has taken and it ia -11 OWi" half a lawn of pus and some weeds. But. I don't know how long that will las! before it destroys the yard apin. Hopefully, I won't have plumbing problems for awhile yet. I wanted to mention that. she said. The third incident. in three weeks time. which I neglected to mention. was about three weeks after I found the aiua in my pebbles. I had my vehicle keyed very badly. I have a few thousand dollars worth of damqe. My clop were barking, and. in a matter of minutea, I went and looked and I didn't sec anythina. I didn't hear any cars pull away. I suspected my neighbors on the IOUlb side, due IIO tbc non-&iendlincu I've expcricnced with them since last August. That was an incident where she was insubordinate on my property and I just told her, this conversation is finished, because she called me an fn bitch. I had just been in l'CCOWl"Y from a motorcycle accident. I was just tending to my yard, when she came out rantina about the bi& cottonwooc! tree in the back. The argument, before she attacked me verbally. was about the tree and I said. well, when I have the money, I'm taking a cherry picker or whatever it takes and I'm cutting the branches off, on that side of the tree, because I'm sick of the mess and the damage to my property, and the clean up . I just wanted to mention , that I had to fill, just yesterday, a huge lawn and leaf bag full of cotton and the seedlings that come off that cottonwood tree . And that is just one baa. There wu a half a bag the week before. I don 't know what else to say, she said, but I needed to pt up here and 11eru. The prbqc is a real concern . I know that one of the things that happens, over time, is thal the nci&hbors don't pt calJcd on for not taking responsibility for their properties. They tum around and ltccp on taking advantage ofbeina negligent. I don 't know how e15C to put it. And then, they pt abusive towud other poop1c and their properties. So that's it. Thank you for hearing me out. she said . Mayor Bradshaw said thank you and staff will be addressina your concerns. 8 . Commmkatiom, Praduallom .... Appalat I ·- (a) considered . A proclamation declaring the month of June 2003 u Homeowncn Mondi wu • • Enpwood City Coundl May 19,2803 Pap6 COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING THE MONTH OF JUNE 2003 AS HOMEOWNERS MONTH. Mayor Bradshaw asked if there were any questions or any diSCU1Sion. There wa.~ none. Vote naalts: Ayes: Nays: Absent: Motion carried. Council Members Nabholz, Moore, Garren, Yurchick. Bradshaw None Council Members WoiQayn, Orazuli1 • •••• COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED. TO ACCEPT, WITH REGRET, THE RESIGNATION OF SUE GRANT FROM KEEP ENGLEWOOD BEAUTIFUL AND THE RESIGNATION OF JOE SERRANO FROM KEEP ENGLEWOOD BEAlmFUL- AGENDA ITEMS 8 (b) AND (c). (b) A letter from Sue Grant indicating her resignation from Keep Englewood Beautiful. (c) An e-mail from Joe Serrano indicating his resignation from Keep Englewood Beautiful. Council Member Nabholz said Sue Grant m:cntly opened a business here in Englewood and is tnovina on, and Joe Serrano• s business requires that he work nipta. His tmecings were wonderful. Mayor Bndlhaw asked if he was still going to be involved in the parade. Council Member Nabholz Mid ya, he aure is. It is just that his work nights and schedule conflict right now. He is still very acti~ with the City and we are grateful, she said. Vote-it.: Ayes: Nays: Absent: Mocion carried. 9 . Public Hariaa Council Members Nabholz. Moore, Garrell. Yurchick. Bndlbaw None Council Members Wolosyn, Orazulis No public hearing was scheduled before Council. 10. C-aAaeada COUNCIL MEMBER GARRE1T MOVED, AND IT WAS SECONDED. TO APPROVE CONSENT AGENDA ITEMS 10 (a) (l), (U), (Ill), (Iv), (v) ud (vi), 10 {It) (l), (Ii), (Ill), (IY) ud (v). (a) Approval of Ordinances on Fint Readina (i) COUNCIL BILL NO. 36, INTRODUCED BY COUNCIL MEMBER GARRET!' A BILL FOR AN ORDINANCE AUTHOIUZINO A RENEW AL AOREEMENT BETWEEN CENTENNIAL WATER AND SANITATION DIST1llCT AND 11IE CITY OF ENGLEWOOD, COLORADO. ENTITLED "AGREEMENT FOR TEMPORARY LEASE ANDIOlt RE-DIVERSION OF REUSABLE RETURN A..OWS OF WATER ." Eapwood City Coundl May 19, 2003 ' • Pqe7 (ii) COUNCIL BILL NO . 37, INTRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE ACCEPTING STORM SEWER EASEMENT AND WATER LINE EASEMENT FROM THE ENGLEWOOD ENVIRONMENT AL FOUNDATION, INC ., OWNER OF PROPERTY LOCATED AT SOUTH ELATI STREET AND ENGLEWOOD PARKWAY, KNOWN AS THE FORMER CITY HALL PROPERTY . (iii) COUNCIL BILL NO. 38, INTRODUCED BY COUNCil. MEMBER GARRETT A BILL FOR AN ORDINANCE APPROVING A TEMPORARY CONSTRUCTION EASEMENT AND LICENSE AGREEMENT BETWEEN MICHAEL DRYER, OF 4901 S. LIPAN DR., AND THE CITY OF ENGLEWOOD, TO INST ALL AND MAINTAIN AN ASPHALT DRIVEWAY ACROSS THE CITY'S EASEMENT ALONG THE CITY DITCH. (iv) COUNCIL BILL NO . 39, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE APPROVING A LICENSE AGREEMENT FOR CROSSING THE CITY DITCH WITH A GATE AT 3594 S. BANNOCK STREET TO DEFINE THE LIMITS OF PROPERTY OWNERS' MAINTENANCE RESPONSIBILITY, FOR IMPROVED APPEARANCE, AND FOR SAFETY CONCERNS. (v) COUNCIL BILL NO . 40, INTRODUCED BY COUNCil. MEMBER GARRETT A BILL FOR AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COWRADO, AND GRANSHADY. UC FOR INSTALLINO A 12" WATER MAIN FROM DENVER AT SANTA FE AND BLAKELAND RUNNING PARAUB. TO ENGLEWOOD'S CITY DITCH EASEMENT AND CROSSING ENGLEWOOD'S CITY DITCH AT SANT A FE. (vi) COUNCil. BILL NO. 41, INTRODUCED BY COUNCil. MEMBER GARRETT A BILL FOR AN ORDINANCE APPROVING A GRANT OF CONSTRUCTION EASEMENT AND AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF urn ·ITON, COLORAl)(), AND THE CITY OF ENGLEWOOD, COLORADO. CONCERNING WA ~ DRAINAGE EASEMENT FOR THE HJGHLINE CANAL AND TRAIL CROSSING AT COUNTY iffi ROAD . (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 34. SERIES OF 2003 (COUNCIL BILL NO . 18. INTRODUCED BY COUNCIL MEMBER W~YN) AN ORDINANCE ACCEPTING DEDICATION OFTHERIOHT-OF-WAY FOR PART OF THE 2100 BLOCK OF CASPIAN. FROM THE REAL PROPERTY AT 2133 WEST WESLEY AVENUE. (ii) ORDINANCE NO. 3S. SERIES OF 2003 (COUNCIL Bll.L NO. 19, INTRODUCED BY COUNCIL MEMBER WOLOSYN) F.apwood City Coundl Mayl9,a3 .... AN ORDINANCE AUTHORIZING THE SALE OF A SINGLE FAMil.. Y RESIDENCE AT 2133 WEST WESLEY A VENUE PURSUANT TO THE INTEROOVERNMENT AL AGIU:.EMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COMMUNITY COLLEGE. (iii) ORDINANCE NO. 36, SERIES OF 2003 (COUN(:(L Bll..L NO . 29, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COMMUNITY COLLEGFJAVS CAREER AND TECHNICAL SCHOOL AND THE CITY OF ENGLEWOOD PERT AININO TO THE Bun.DINO OF A SINOLE FAMILY RESIDENCE AT A SITE TO BE DETERMINED. (iv) ORDINANCE NO. 37, SERIES OF 2003 (COUNCIL Bll..L NO . 30, INTRODUCED BY COUNCil.. MEMBER GRAZUUS) AN ORDINANCE APPROVING THE INCENTIVE PACKAGE WITH OART SPORTS TO EXPAND THEIR OFFICES. (v) ORDINANCE NO. 38, SERIES OF 2003 (COUNCIL Bll..L NO. 32, INTRODUCED BY COUNCil.. MEMBER WOLOSYN) AN ORDINANCE FOR PURCHASE OF REAL PROPERTY AT 3629 SOUTH POX STREET IN THE CITY OF ENGLEWOOD FOR POLICE PURPOSES. Mayor Bndshaw asked if anyone wanted IO pull an ieem or if there was any clilcuuion. There was none Votenmlm: Ayes : Nays: Absent: Motion carried. Council Members Nabholz. Moore, Garrea. Ymdlict, Bradshaw None Council Members Wolosyn, Oruulis ( c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Aaenda Item 11 -Rcp1ar Agenda.) 11. Replar Alftlda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading. (See Agenda Item 10 -Consenr Agenda.) (b) Approval of Ordinances on Second Reading (i) Council Bill No. 10, approving amendments to the EnJ1ewooc1 Municipal Code pcnaining to Inoperable Vehicles was considered. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED. TO APl'llOVE AGDIDA ITEM II (b) (I) -COUNCIL BILL NO. It. COUNCIL BILL NO . IO, INTRODUCED BY COUNCIL MEMBER YURCHICK/MOORE Enairwood City Coundl May 19,2003 Pqe9 A BILL FOR AN ORDINANCE AMENDING TITLE 15, CHAPTER I, SECflON 2, DEFINITIONS, TITLE 15, CHAPTER 9, SECl'ION l, PERT AININO TO VEHICLES; INOPERABLE; AND ADDING A NEW TITLE 15, CHAPTER 9, SECflON 2, PERTAINING TO (VEHICLES; OFF ROAD (ORV), ENGLEWOOD MUNICIPAL CODE 2000. Council Member Moore said City Attorney Brotzman provided a variety of definitions that we could consider in order to address some of our concerns with the initial draft. Mayor Bradshaw asked if friendly amendments were accep1able. City Attorney Brotzman said yea, absolutely. Mayor Bradshaw read the list of potential motions. I. Modify the definition of "carport" to match the new definition in the UDC, "a space for housing or storage of molor vehicles and enclosed, on not more than two sides, by walls." Mayor Bradshaw asked if that was okay with Council . Council agreed to a friendly amendment on that definition. 2. Modify the definition for "hard surface." Title 16 currently requires that off-street parking space require a hard surface that is paved with asphalt, concrete or brick pavers . That requirement for parking is going to be retained in the UDC. Mayor Bradshaw asked if that wu okay with Council. Council agreed to a friendly amendment on that definition. 3. Change ''front yard setback" to "front yard ." Mayor Bradshaw asked if that was okay with Council. Council agreed to a friendly amendment on that change. 4. Remove the definition of"car cover" and remove "car cover" from 15-9-l(A). In response to Mayor Bradshaw, City Attorney Brotzman explained that this would allow you to have it in your backyard behind a fence and would no longer require a car cover. Council Member Moore asked what the change in the definition would be. City Attorney Brotzman said there is no need for the definition of car cover, if you remove it from that section. Council Member Mayor Bradshaw asked if that was okay with Council. Council a.,._t to a friendly amendment on that change. 5. Modify 15-9-l(A)(2) to read as follows : ..... other temporary activities shall not exceed eight (8) hours per day or other temporary activities shall only be permitted if the person conducting such temporary activities is present or other temporary activities shall not continue after sundown . Mayor Bradshaw asked City Attorney Brotzman to run through this proposed modification . City Attorney Brotzman said number 5 is tryin1 to pc back to the balance between earore-t • beina practical . When people work on their car, cunently, they are allowed eight hours, limited to one clay on the weekend . Thi s would allow temporary activities, either eight hours a day or you could cb<Qe rempnry ac tivities only if the person conductina such lempOl'lry activitiea ii pracat or the oplion of the sundown provi sion . where you would work on it Unbl sundown . Eqlewood City Council May 19,2003 Paae 10 Mayor Bradshaw asked what is Council's pleasure. Council Member Moore said it still creates some enforcement issues. I would still like to proceed with the first option on this list, the eight hours per day. Mayor Bradshaw asked if that was okay with Council. Council as:r-1 to a friendly amendment on that change. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO ACCEPT AMENDMENTS 1, 2, 3, AND 4 AS LISTED BY CITY ATTORNEY BROTZMAN AND THE FIRST ONE UNDER 5. I. MODIFY THE DEFINITION OF ''CARPORT"' TO MATCH THE NEW DEFINITION IN THE UOC, "A SPACE FOR HOUSING OR STORAGE OF MOTOR VEHICLES AND ENCLOSED, ON NOT MORE THAN TWO SIDES, BY WALLS ." 2. MODIFY THE DEFINITION FOR "HARD SURFACE." TITLE 16 CURRENTI. Y REQUIRES THAT OFF-STREET PARKING SPACE REQUIRE A HARD SURFACE THAT IS PAVED WITH ASPHALT, CONCRETE OR BRICK PA VERS. THAT REQUIREMENT FOR PARKING IS GOING TO BE RETAINED IN THE UOC . 3. CHANGE "FRONT YARD SETBACK'' TO "FRONT YARD ." 4. REMOVE THE DEFINITION OF ''CAR COVER" AND REMOVE ''CAR COVER" FROM 15-9-l(A). 5. MODIFY 15-9-l(A)(2) TO READ AS FOILOWS: ..... OTHER TEMPORARY ACTIVITIES SHAIL NOT EXCEED EIOHT (8) HOURS PER DAY. Vote results OD tbe-nda.ata: Ayes: Council Members Nabbolz, Moon:., Garrett. YID'Chick. Bradshaw Nays: None Absent: Council Members Wolo&yn, Gruulis Motion carried. Mayor Bradshaw said this is addressing inoperable vehicles only. City Attorney Brotzman said that is COITCCt. So, Mayor Bradshaw said, vehicles that nm are not a problem. Mayor Bradshaw asked if there was any further discuuion on Ibis. There -none. Vote results OD approva ' orCOWidl BIi No.10,•_...: Ayes: Council Members Nabholz, Moon:.. Oarreu, Yurchick, Bradshaw Nays : None Absent: Council Members Wolosyn. Gnzulis , Motion carried . (ii) Council Bill No . 31, an emergency ordinance prohibitina the open cmying of firearms in cenain public areas . COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (ll) -ORDINANCE NO. lt, SERIES OF 2IU ORDINANCE NO . 39, SERIES OF 2003 (COUNCll. BIIL NO. 31, INTRODUCED BY COUNCll. MEMBER WOLOSYN) AN ORDINANCE AMENDING TITLE 7 OF THE ENGLEWOOD MUNICIPAL CODE 2000 BY ADDING A NEW SECTION 6 TO CHAPTER 6C. ENTITliD "PllOIOBrrJON ON THE OPEN CARRYING OF FIREARMS" AND DECLARING AN EMERGENCY . Eaalewood City CouacU May 19,2003 Pqell Council Member Y urchick said he had a question. Define open carrying, he said, docs that include concealed? City Attorney Brotzman said no, actually Senate Bill 24 and Senate Bill 25 were pused by the Legislature and signed into law by the Governor. Senate Bill 24 is the concealed weapons bill, which means now you can go get your concealed weapon permit from the State, actually Arapahoe County if you are a resident of Englewood. The City is prohibited from enacting laws restricting conccalcd weapons. Senate Bill 25 is more general in nature on prohibition. Buically, the Legislature is saying that cities may not enact laws restricting any thing that the State has taken purview to, with rcprd to guns, except, and they have an exception, is for open carry. So, in Englewood in the put, before the two senate bills, you could carry your weapon openly ... mcaning out. Council Member Yurchick said Colorado is an open carry llatc. Attorney Brotzman said is an open carry state, unless it is prohibited in certain ueu. For illlWICC, in the put the parks rules prohibited hand guns. So you couldn't have a hand gun in the pub. Well, they actually got rid of the park languaF in Senate Bill 25, except they uicl you could RCIIIICt an mliaancc prohibiting in specific places and, he aaid, many of the ueu on the list are parks. Council Member Yurchick said but this doesn't prevent carryina a c:oncealed weapon. Attorney Brotzman replied that no, you may have a concealed weapon in the parks. Mr. Yurcbick said so once they draw it, it is an open weapon. City Attorney Brotzman said yes, once it is no long« on your penon, it would be open carry. Mr. Yurchick said they can carry it, but they can't pull it. Attamcy Brotzman said yea. Vote resulta: Ayes: Nays : Absent: Motion carried. Council Members Moore, Oaneu, Yurcbick. Bradshaw Council Member Nabholz Council Members Wolosyn. Grazulis Mayor Bradshaw asked if Council Member Nabbolz would like to make a llatcrncnt. Council Member Nabholz said I guess I just disapeed with some of the lanpqe and -already havc a State law in place. I kind of like the question Mike asked. If you havc it on you and you need to dra it, it is no longer concealed. I'm a little concerned with some of the vcrbiqc and we have just pused a new State law, so evidently, we are already jumping on the bandwagon if IIOIIICdlina were to come about. Mayor Bradshaw said thank you. Council Member Nabbolz said you are welcome. (c) Resolutions and Motions (i) Director Long presented a recommendation from the Library Department to adopt a resolution approving Englewood Public Library's "SUlllllm' Food fur Fines" proaram. Earlier this year, he said, the Englewood Library Board approved the Library's request to raise our overdue fine limit. One of the stipulations they had in approving that, wu that we add a second two week "'Food fur Fines" period to, son of, mitigate the incrcue in fines. And also, to help act our boob back on the lhclvca so more people could use them . When I gave this proposal to you on February ts*, you approvcd the increase and you also gave a tacit approval to the second "Food for Fines" proaram and that is why I am here tonight, to ask for your formal approval of the Library's firs1 "Summer Food for Fines" ~m. Mr . Long asked if there were any questions . There were none. The resolution was assigned a number and read by title: F.opewood City Council May 19,2003 Paae 12 RESOLUTION NO. 46, SERIES OF 2003 A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE SUMMER "FOOD FOR FINES" PROGRAM FROM TUESDAY, MAY 27 THROUGH SUNDAY, JUNE 8, 2003 . MAYOR BRADSHAW MOVID, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I)-RESOLUTION NO. 46, SEltlES OF 2003. Ayes: Council Members Nabholz, Moore, Garrett, Yurchick, Bnidshaw Nays: None Absent: Council Memben Wolosyn. Orazulil Motion carried. Mayor Bradlhaw thanked Director Long. (ii) Director Orypwicz presented a recommendllioa from the Depanmeat of Fmance and Admini&lrati w: Servic:a to adopt a raollllioa approvina the lnDlfer of funds from the ScrviCcrar Fund to lhe General Fund. Re said Ibis ii a raolution lnnlfarina $775,000.00 from lhe ServiCenter Fund retained earnings to the General Fund. to help lhe General Fund keep ill fund balance up during this economic downturn, by increasing ill undeaignatedlwnaerved fund balance. I should menlion. he said, that lhe cash balance in lhe ScrviCenter Fund, al lhe end of lut year, was $1,654,836.00, wllich came from charges to lhe General Fund, and other funds. for services rendered. So they had buih up that fund balanc:e over a period of lime. During the downturn in lhe economy, he said, -are jllll ,equaling a lnnlfer back to lhe General Fund. Mayor Bradshaw said this is a one-lime tnnsfer. Director Clrypewicz said yea. Mayor Bradshaw asked if there were any qucslionl. Council Member Yurchick said he had one. So Ibey are billing die City and a.una a profit? Director Oryglewicz said no, they are DOI really making a profit What they did was they buih up IOIIIC of tho5c funds, for some of lheir capital and other replacement .-ta, and ripe now, there ii noc a 111e for it and the General Fund needs are more imminent, so they are transferring IOIIIC back. ,Mayor Bradshaw asked if this is for vehicle purchues. Director Oryglewicz said it is generally vehicle repair and service. Council Member Yurchick said so Ibey wuen't charpng a profit. but Ibey are includina an arbitrary number in there to build up for capital, capital eapendihnl and wbalever lhcy need. Director Gryglewicz said what they tend to do is build up their balancea for capital replacement and, al this time , they are just going to delay those al the ServiCenter. The resolution was assigned a number and read by title : RESOLUTION NO . 47. SERIES OF 2003 A RESOLUTION APPROVING THE TRANSFER OF FUNDS FROM THE SERVICENTER FUND TO THE GENERAL FUND . Eapweod City COUDdl MayD,2003 Pap13 COUNCIL MEMBER GARRE'M' MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (U) -RF.SOLUTION NO. 47, SERIFS OF al. Mayor Bradshaw aslted if !here was any more diSCIIISion. There wu none. Vote....ia.: Motion carried. Ayes: Nays: Absem: Council Members Nabholz, Moore, Garrett. Yurchick, Bradshaw None Council Members Wolosyn. Gruulis (iii) Director Fonda presented a recommendation from the Utilities Department to adopt a ~lution approvina a aole-aource contnc1 with McLemore Pump in tbe amount of $63,885.00 for improvements to the McLellan deep -11 pump. The pump OUI at the McLeUan Raervoir -tbe tint deep well that we collllnlCted, he said. It wu principally CODllnlCted IO allow m to meet our COlllrlClUII obligations to Highlands Ranch, during a period of droupt, and it hu worked during this period. Now it appears that aome of the preuure is off, but we will be drilling one IIIOle well in that uea for tbe same purpoac ... this being. alway, having available Wala'. It is wry imporl.anl to.., becauN then ii firms up otber watcn that we lease to Highl.inds Ranch, and provides .. widl a muei biper price. The well WU built a number of years ago ... probably about 15 yean ago, and pumpin1 conditiona have chanpcl since then, and through use, we are finding it is drawina more current. than it wu originally designed for and we need to rehabilitate it. We went out to look for bidders, he said, and it is a difficult thina to find now, because it is very hard to find someone in the pump business to work for you. We were able to get a bid from McLemore Pump. which would have been one of our first cboicca anyway. They submitted a bid and we reviewed it, then had Phil Martin of Manin and Wood ao over ii widl III and we neaotillecl widl them and removed some of the lhinas that were in the proposal that we didn't think -neceuarily appropriate. We got them down to a price of $63,885.00. There -y be MXDe cbanF orden. if m of die coaclitioos that they were trying to anticipate occur, but -think tboc will be fairly minor. So, he Aid, we would recommend going ahead on the basis of Ibis nqotialed fee. Mayor Bradshaw asltod if !here were questions for Director Fonda. There were none. The ~lution WIS usigned a number and read by tide: RESOLUTION NO . 48, SERIES OF 2003 A RESOLUTION APPROVING A SOLE SOURCE BID FROM Mel.EMORE PUMP FOR THE REHABILITATION OF ENGLEWOOD'S Mel.ELLAN DEEP WELL . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDFJ>, TO APPROVE AGENDA ITEM 11 (c) (W) -RF.SOLUTION NO • .q, SERIFS OF 2003. Ayes: Council Members Nabholz, Moore. Garrett. Yurchick. Bradshaw Nays : None Absent Council Members Wolosyn, Gruulis Motion carried . 12 . General Dilcualoa (a) Mayor's Choice (i) Mayor Bradshaw said I have a lllllple proclamllioa for National Alcohol and Drug Addiction Recovery month in September . If you want it, jUll sip "ya" by your-. Thalia jull easier than discussing it, she said . F.npewood City Couadl May 19,2003 Pqel4 (ii) Mayor Bradsl>aw said I also wanted to ranind you that Design and Build is coming 10 an end. I had some calla about the blue pipes at Hampden and Broadway . I said that wun't pcnnancnt, that wu a Design and Build project. I'd like to send a letter to Amy Laugacn thanking her for her involvement in that project, because it is neat to ace the kids and some of the an. Art is in the eyes of the beholder. &he said. (iii) Mayor Bradshaw said there is also an Open House coming up for the House of Hope's new children's library and co tcr room . It is Saturday, May 31•. I just wanted to remind you and there is a special thanks to volunteer Michael Munda who coordinated that project. So that is really nice and if some of you can attend, I know they would appreciate it. (iv) Mayor Bradshaw ukcd if anybody attended the Open House for the AVS House last Tuesday? Council Member Moore said 1 did. Mayor Bradshaw said thank you. what did you think? Mr. Moore said it looked like vcry nice work. II is a very nice little hoUle and they did a really nice job. (v) Mayor Bradshaw said the South Platte River updale memo wu in your packet. I had dinner with the Mayor of Sheridan. She sent us a copy of the letter saying that &he will be 11 the P & Z meecina tomorrow, to speak on behalf of Sheridan Basically, Mayor Bradshaw said, they want some modification to the plan . Council Member Yurchick said I saw that . What are the modifications? Or are they just going lo surprise us? Mayor Bradshaw said &he did not talk to me about that. I think what ii is, is when the committee put thole little paths, to where a possible bike route would lie in, that aggravated IOllle of the buainaa people over there and they don't want any green in their spot, and IO thole modificaliona mipt be jllll to eliminate that. That is what I would anticipate . I told her I apsnciated her taking the lime and I said I was allO 'lflf'/ conccrncd with the way our Slaff was treated, and I would hope that they would not do that apin. Because. Mayor Bradshaw said, I thought that wu extremely rude . (vi) Mayor Bradshaw said you received a memo ftom the Englewood Environmental Foundation . Inc . about turning on the founcain in the piazza. Whal ia Council's on dlal? Council Member Nabholz said 10 go ahead and tum ii on. Council Member Yurchick said he had a question . That doesn 't use water. docs it? II just re-pumps the sa me water . Cit y Manager Scars said there is some evaporation . Council Member Garren noted there have been times when someone hu vandalized it. There have Ix n a couple of "detergent incidents ." So they had to take all the water out and redo it. Mayor Bradihaw said that costs money. I think we probal,ly need an anic:le, lhe said. awing that. yes we are using the fountain. but how efficient ii is and the fact that ii hu a wind pup. dial Iowas the water. so it is environmentally friendly . Also. we should note that the Water and Sew.-Board unanimously agreed 10 se nd thi s on to Council . (vii ) Mayor Brllbhaw said I just want to lhalW. everybody for all their help on the Jubilee n. I th ink ii was really a big success . I fell a sense of community that I haven 't felt in thi City in a Iona Ii•. II is rea ll y nice to see so man y people at the Oodlic and I pused aiona a lhaak you IIOle IO Council ftom the Ibbotson ' ... two you ng men who drove in from wawn Kaaua. to be II lhc Oodlic Thealre IINI IO be a Eqlewood City Coundl May 19,2003 Pap 15 part of lhat . They were a very active family in Englewood in theatre . The lbbotsons had twelve Ir.ids . They were a phenomenally talented group and for these two young men to take time, on a Friday night, to come in, that was really something. Mayor Bradshaw said I thinlr. that the Citizen of the Century went very well. I want to thanlr. staff, Michael in particular ... Pauletta and Ginny for all their work on that I thinlr. the legacy projects look great. We do have a couple bags of seeds left. I understand. If any of you want Englewood Blooms seeds, those will be available at many activities throughout the summer. Anyway, I thinlr. it was a tremendous success. I can't thanlr. Council and staff enough . I thinlr. we did our City proud with a good birthday celebration, she said. (b) Council Members' Choice (i) Council Member Yurchick: I. He said we talked about the Code Enforcement issue, but we never really came to a consensus that we be included in that discussion. Mayor Bradshaw asked about the specific Code Enforcement issue. Council Member Yurchick said are we enforcing or are we enforcing by complaint? Mayor Bradshaw said I thought you wen: taking that to Code EnforcemenL Or, she asked, do you want us to say something first. Member Yurchick said I would like to discuss it at the Study Session while we are meetin1 with Code Enforcement staff, and the Judge, to discuss their interaction. Mayor Bradshaw said we need to schedule a Study Session sometime in the summer with the Judae so that when it is time for salary negotiations for his salary, we don't end up havin1 a long seuion. She said he could explain the Court's process ... what's going on. City Manager Sears said we've talked about a date alrcady .. .June 23 ... I Council Member Yurchick said I know it wu scheduled, but I just wanted to include that in the discussion and forewarn Code Enforcement. 2. He said Jubilee II was fun . • •••• Mayor Bradshaw wondered about the possibili1y of the Flood Middle School Technology Team goina to ACE . She asked Mr . Mebuat what he thought about the kids p,in& to anodler committee we have, comprised of all business people . Council Member Yurchick, speaking to Mr . Mebust, said ACE is the business committee, made up of businesses in Englewood and it rnisht be good for them to see your praenwion. I saw a lot of req...u for business involvemenl and you rni&ht want to take it to them . You could call, he said . City Manager Sears advised Mr. Mebuat that Mark Graham ia the penon you mipt want to talk ID about setting that up . Mr . Mebust thanked Council . (i 1) Council Member Nabholz : Eaalewood City Council May 19,2003 Pqel6 i. She said I want to talk about the flood Middle School Technology Team being here tonight. I think what they had in mind, was a request for financial asailtance. If there is any available money to outside agencies, even though it may be very small, I would appreciate Council's approval of some funds . They will be going to Orlando and they have held a lot of fundraisen. I would appreciate that, she uid. Mayor Bradshaw asked how much do we have in our fund? Council Mem Yurchick said I don't remember off the top of my head. Mayor Bradshaw said I think we have $2,000.00 to 111e throughout the year. Council Member Yurchick said I thought it was a little more than that, maybe $2,500.00. Mayor Bradshaw said unrestricted funds. Council Member Nabholz asked how much have we med. Mayor Bradshaw, speaking to Mr. Mebust, uked about their budget. How much you have railed and how much you need? Mr. Mebus! said thank you for your question. We have a budget of approllillllliely $1,200.00 per IIUdent. That coven all transportation and lodging . It also coven conference fees, registnlion feea and so forth. Throughout the year, we have boel'I raising money and we are a little bit ovs balflO iwo-thirdl of the way to meeting our goals. Mayor Bradshaw said then your tolll goal is $9,600.007 Mr. Mebus! said I believe the information dclineating aome budaet itema, ii on the IOCODd pqc of the brochure. Mayor Bradshaw said so it is $11.600.00. Mr. Mebull said ya. Mr . Mebust said on the way down. we ue aoin1 IO have an educalional itinerary ... we are planniq to IIOp at the Oklahoma bombing site and pay our respecll to that Memorial . We are allo aoial to the Si1.dl Floor Museum at Dealey Plaza in Dallas, Te1.11 and providiq opportunities for the kids to learn about the world we live in, as it relates to technology and so forth. Mayor Bradshaw said what a nice trip for the kids . Council Member Yurchi ck asked ti they were driving or flying . Mr . Mebull replied dial we are *ivina, because we felt that some of the displays and events that we have put topdls. would not fire well on the airlines. so that did restrict us to driving. Mayor Bradshaw said you will be on the road from June 19* to JIiiy 3 ... Mr. Mehl.-said yea. it ii an ambitious endeavor. Mayor Bradshaw asked if Council has any thoughts on this. Do you WIIII IO 111b it Ulldlr Id~ and get back to them . or what is Council's pleasure? Council Member Nabholz no1ed they have I tight time line. Since my aon ii a pllt ofTSA. llhe said. I feel it might be inappropriate for me to recommend anythiq. Eapwood City CouacU May 19,2803 Papl7 COUNCIL MEMBER YURCIUCK MOVED, AND IT WAS SECONDED, TO GIVE THE FLOOD MIDDLE SCHOOL TECHNOLOGY TEAM $50UO. Ayes : Cwnc1l Memben Nal1holz, Moore, Garrett. Yurchick, Bradlhaw Nays: None Absent: Council Mcmben Wololyn. Orazulis Motion carried. Mr. Mcbuat said on behalf of Flood Middle School and the wonderful kids that we are takina down to the competition, thank you very much for your lime and your support. 11 IDCUII a lot to us. Mayor Bradshaw said some of ua, u individuals mipt send you somc -. Mr. Mcbust said that would be wonderful. Mayor Bradshaw said be good and learn lots. Mr. Mcbust said thank you vecy much . 2. Council Member Nabholz said on Thursday I lallced to Jeff Sanchez about the depot. They are in and OUI of the depot apin. I mus! say Scrpn1 Sanchez WU very helpful. He imnwli•tely spoke IO Director Lona and Direclor Long ICIII E-mails back and forth. My E-mail is down ODCe apia, llbc aid, but they are takina care of ii. They are JOinl to be bolnlina ii up, but u I wu aiminJ IIDllipt. they - crawlina out of the depot apin. I think ii is lime for us to pt wilh the community, wbcdlcr be it II Bilhop or wherever, to let them know 1h11 the subslalion will be movinJ. There is• lol of activity in Iha! neighborhood righl now, aood, bad or indifferent. 3. say to Ms. Archer Iha! I'm sure Slaff will tab under recommcndalion your problems. And I had wi II your busineu penonally, 10 I cncounp you IO let me know if something like Ibis i1 aoina on. Thll is what I'm here for u an elec:led offlcial, llbc said. 4. She said thank you for your lime and undenlandina and your COllll'ibulioli. Mayor Bradshaw said 1bsol111ely. 13. City Muqer'• Report City Manager Scan did not have any manen to brinJ before Council. 14. City Attorney's Report Cily Attorney Brotzman did not have any matters to bring before Council . 15 . Adjournawnt OSHA W MOVED TO ADJOURN. The mccling adjourned 1111:40 p.m. 1. 2. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MAY 19, 2003 7:30 P.M. Englewood Civic Center • Council Chambers 1000 Englewood Parkway Englewood, co 80110 3. Pledge of Allegiance. 4. ""' UJI. 5 ~I )... 6lAtl,LUS/ klor..asYi) n LM"'4 ,,/ a. ~~es fr~m the Regular City Council Meeting o a 5, 003. !JLJ/~ 5/Minutes. 6 ,/ 7r(~A):qweurr) ~-·-rd 6 . sg /ors. (Please limit your presentation to ten minutes.) ) ,/.j . • Unscheduled Visito~s. Please limit your presentation to fivt:! minutes.) · ,, ~ tUIN u~ -FUaMu_U; fr!ifl.f~ur,y7UM: UiJ/IJAJ "rUN~NJ~uf':'flf,l,'lAlfH" ~ ri . ~ -u11fa'£'t~a~an!f~~nfs. o/Jf'5-D ~: I A ~mation declaring the month of June as Homeownership Month /)~ \lletter from Sue ,Grant indicating her resignati~n from Keep Engl:;;tlful. ~ail from Joe Serrano Indicating his resignation from Keep En )~lid~ Beautiful. ' ..,._""7 9 . ~ring. (None scheduled) Pleae note: If you ... ......, ....... ...., ................ ..., .. aa,.,, ' ... (303-762•2405).a ........................................... ,.. ~- • t • • Approval of Ordinances oJ First Reading. i. Council Bill No. U-Recommendation from the Utilities Department to adopt a bill for an ordinance approving an Agreement with Centennial Water and Sanitation District for Temporary Lease and/or Re-diversion of reusable return flows of Water. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ii. iii. iv. v. vi. / Council Bill No. -Recommendation from the Utilities Department to a opt a i for an ordinance granting Storm Sewer and Water Line Easements to the City of Englewood from the Englewood Environmental Foundation for the property at W. Girard Avenue and Englewood Parkway. STAFF SOURCE: St~ H. Fonda, Director of Utilities. Council Bill No. '11-Recommendation from the Utilities Department to aclopt a bill for an ordinance approving a License Agreement for crossing the City Ditch with an asphalt driveway at 4901 S. Lipan Drive. STAFF SOURCE: Stewart H. Fonda, ~r of Utilities. Council BUI No. ;(_ Recommendation from the Utilities Department to aclopt a bill for an ordinance approving a License Agreement to install a gate across the City Ditch at 3594 S. Bannock Street STAFF SOURCE: Stewart H. Fonda, Director 'f Utilties. Council Bill No. ~ Recommendation from the Utilities Department to adopt a bill for an ordinance approving Oty Ditch License Agreements with Granshady, LLC, for crossing City Ditch at Santa Fe and Blakeland with a 12' Denver water main. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Council Bill No. -Recommendation from the Utilities Department to a opt a bill for an or mance approving a Construction Easement and Water Drainage Easement for the Highllne Canal Traff at Mclellan Reservoir In order for the City of Littleton to construct a hike/bike trail underneath County Line Road. STAFF SOURCE: Stewart H. Fonda, Director of Utilties. b./ Approval of Ordinances o?econd Reading. i t.f i. Council Bill No. 1\( accepting a 25 foot easement and right of way for the proposed West Caspian Place. • Council Bill No. ~uthorlzlng the sale of the property at 2133 W. Wesley Avenue. • • Englewood City Coundl Agenda MtY~\003 1'age3 / / {flJ}.$:; iii. Council Bili No. 29, approving an Intergovernmental Agreement with Arapahoe Community College/ AVS Career and Technical School for the . / school year 2003/2~ to build one single-family residence in Englewood. {J)J:11,-3~ )v. Council Bili No. ~proving an Incentive Package for Gart Sports. ; ·~ ~. Council Bili No. 32, authorizing the purchase of the property at 3629 South (N=,rJf • . ~~x S/t. c. Reso~nd Motions. ~~1!!:1'!.::iff._~ ,-,.:.. y. 2. ...., .. ...w. .. .,.. ........ ,..,...., ....... ..... .................................... -..... ...... roval of~ ,... ...... ,..-:C ................ 1mc. a. Appffe. ~.nances-on Rrst Reading. ~ =:..;::.·z;:,,:;.,.._ __ , .... ,(A~ 11. Regular Agenda. Approval of Orzinan son Second Reading. . ,. -•..-."-">•-:,,,-_ ... ~ .......... _...._.(I).._,.. ~ i. Council No.z:o, ap oving amendmen.!'. ~ '!',-Englewood Munidoal-1 -fr;,'; Code pertaining to I perable Vehicles./~ ._/' ,,..., J~ )Ji. Council Bill No. 1, an emergency .2~ prohibiting the open canying U l{i::fl" =:s in certain public areas./J,111,t.- c. { ReJutions a~ Motions. i·. Recommendation from the Library Department to~dopt a approving Englewood ~ Library's •Summer Food for Firm" -Z) STAFF SOURCE: ~ Lons, DiredDr of...., /} .... JJ.tJ; ==~~":..~~ ~ ~ .J) ServiCenter Fund to the General Fund. STAFF ..J ~ l/ Director of Finance and AclminiltratM Semces. J iii Reciendatlon from the Utilities Department to adopt a resolution appro Ing a sole-sourc=ntract with Mdemore Pump~n an t of 0 $63, 5.00 for improv ents to the McleHan deep~ . STAFF -SOURCE: Stewart H. Director of UtiltieL I JA 12. General Discussion. a. MJr's Choice. ~-o vdiu./lllJi.o 1D ~/IE. 1"' ~~ ~OM£ :at. rEIJl,J#cAV 1FMI b. Cou · embers' Choke. Plwe1t0te: lfyaaMfta......,_. ... ....., ..... ......., ............ CJlrell-a, .. (303-7'2-240S)al ............................. _.... ...... ,.. . · -Englewood City Council Agenda ~:~2003 L 13 . ity Manager's Report 14. ~ Atto m,Y, Rt. AqoummenL ~ r- The following minutes were transmitted to City Council between May 2 and 15, 2003: • Englewood Liquor Licensing Authority meetings of: -August 21, 2002 -September 4, 2002 (Telephone Poll) -September 24, 2002 -October 16, 2002 (Telephone PolQ -November 6, 2002 -November 20, 2002 (Telephone Poll) -December 4, 2002 -December 18, 2002 (Telephone Poll) -January 8, 2003 -February 5, 2003 (Telephone Poll) -February 19, 2002 -March 5, 2003 (Telephone Poll) -March 19, 2003 (Telephone Poll) -April 2, 2003 (Telephone Poll ) -April 16, 2003 (Telephone Pol) Englewood Cultural Ar1s Commission meeting of April 2, 2003 Englewood Housing Authority meeting of April 2, 2003 Englewood Public Library Board meeting of April 8, 2003 Keep Englewood Beautiful meeting of April 8, 2003 Englewood Transportation Advisoly Committee meeting of April 10, 2003 Englewood Parks and Recreation Commission meeting of April 10, 2003 f'lewllOle: .. ,.. .... ...., ..... ...., .... ...._. ..... ..., .. ca, ..... , .. (Jl3-76W41S)II ........................... _ ....... ,..,_, 1. 2. 3. 4. 5 . AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MAY 19, 2003 7:30 P.M. Englewood Civic Center -Council Chambers l 000 Englewood Parkway Englewood, CO 80110 Call to order.f1:c.2-ft f/11../" Invocation. I)~ Pledge of Allegiance. f;~W- Minutes. . ·'-tfl>t/lf-0 .,.-j a. Minutes fr~m the Regular City Council Meeting of May 5, 2003. IJ~ I I (~1A):<7,1£.6rr) -----rr} 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) ff 7. Unsche uled Visitors. (Please limit your presentation to five minutes.) .s.i;1 ,\, Jl/i:-lfJ.Sr-fL:Eoht.10D1.L ~te,Tce,-;~ux:,y tZ,+#1: Lf;J/t V /'UH!!_ AJJ~ .. A),+4,Ct.z. USA )''a.llK. . f!..!l.!&-~a.f)Olit~LL--~PA-rtU.J TA'J. 7 (~!HZ-Ml4U..S ~~ rL1r~ r 11 · 'J;.:.c -N£/gll&t' ~ R .._ 'r." ..(0 M t..,4 A . Communications,~ocla= ana /ppaf~en1s. A proclamation declaring the month of June as Homeownership Month /)J.l'/J-ftf . A letter from Sue Grant indicati n g 'r resignation from Keep Englewo,outiful. n e-mail from Joe Serrano i ndicating his resignation from Keep Englewo ~ Beautiful. • :J 9. Pub lic Hearing. (None sch eduled ) ~ ,, - Please note: If , ou h.ive a dlsabllitv and llffd Maaillary .iidt or MMCfl. pluN IICMifv the ~ a4 ~ON 3 03 -7'62-2-IOS ) at lust .q hours in adl.anc:e of when MmCet a,w ......._ lliank ~ Englewood City Council Agenda May,.42003 Page 2 ~ i,lJ l~d-s--c /--J1, ~-ul! ,,/!Ltltl.!.d Uw-a-t~t.L~ / C ~ 1 ~tiiu. 1,, ·, · f '-' ~ ( I 10. Con se nt Agenda. tJ / ~· t-/ .ffill. l, · a. Approval of Ordinances on First Reading. b. ,-... ,;d, ,:~ -, - i. Council Bill No. 36 · Recommendation from the Utilities Department to adopt a bill for an ordinance approving an Agreement with Centennial Water and Sanitation District for Temporary lease and/or Re-diversion of reusable return flows of Water. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ii. Council Bill No. 3 7 -Recommendation from the Utilities Department to adopt a bill for an ordinance granting Storm Sewer and Water line Easements to the City of Englewood from the Englewood Environmental Foundation for the property at W. Girard Avenue and Englewood Parkway. STAFF SOURCE: Stewart H. Fonda, Director of Utifities. iii. Council Bill No. 38 -Recommendation from the Utilities Department to acl'opt a bill for an ordinance approving a License Agreement for crossing the City Ditch with an asphalt driveway at 4901 S. Lipan Drive. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iv . Council Bill No. 39 -Recommendation from the Utilities Department to aaopf a bill for an ordinance approving a license Agreement to install a gate across the City Ditch al 3594 S. Bannock Street STAfE SOURCE: Stewart H. Fonda, Director of Utilities. v. Council Bill No. 40-Recommendation from the Utilities Department to adopt a bill for an ordinance approving City Ditch license Apeements with Granshady, LlC. for crossing City Ditch at Santa Fe and B~eland with a 12" Denver water main . STAFF SOURCE: Stewart H. Fonda. Director of Utilities. .,,;, Council Bill No. 41 -Recommendation from the Utilities Dl!l)artment to adopt a bill for an orainance approving a Construction Easement and Water Drainage Ea sement for the Highline Canal Trail at Mclellan Reservoir in order for the Citv oi Littleton to cons tru ct a hike/bike trail underneath Count) Line Road. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ppro.,,al o f Ordinances on Second Reading. ii. Coun c il Bill , o . 18, accepting a :?5 foot e:isement and righ t of wa, for the p roposed We st Caspian Place . Council Bill ;-..!o . 19, authorizin g the sale o i the property Jt :? 133 V\'. \•Vesley -\,en ue. Please note: If H>U ha\e .a diubilitv 01nd need~ ah°' MMCN. .--. .....,. the a.. of E••oo4 1303--1,2.2..os l 011 least ~a houn ,n .Nh-MCe of whN l4lftint --4M. Tlluli ~- Engle\~,pod City Council Agenda MaymooJ Page'.3 iii. Council Bill No. 29, approving an Intergovernmental Agreement with Arapahoe Comrnunity College/AVS Career and Technical School for the school year 2001/2004 to build one single -family residence in Englewood. iv. (1!-#-3? C-2d~Jf V. Council Bill No. 30, approving an Incentive Package for Gart Sports. Council Bill No. 32, authorizing the purchase of the property at 3629 South Fox Street. !}./}.nA-5-() /)u»u, /~ 11 . C. Resolutions and Motions. J;y' -rr'· -AM u .a "-EI.Jrr. @ (J# 1 o Mo.Wyia....._ol'"calJID""IO.-tl .. _Jcfl-...•INUUC,•i.-ror ......,.,«:Mnp 11(""*" .....,_.. * natia-1. oa G01 !DliS'Cll1oM !WO 1-.. bywalb, ... .. L ,...,, .. ~ ... .,_._.. ... T• t•....a1...-a*-ott'·itna ,-uq..,.,..... ...... _... ......................... ~Of'lll'1Ctpav-en. Regular Agenda. a. b. ,....,...._ ... ,.... ................. uoc. pproval of Ordinances on First Reading. Appi'o./J?i:f Ordinances on Second Reading. ). o.p·re.ya......-............ 41. ._... .. -'---lll"'Clr....,,._.~-caC...-ha 1.1-~l (A). M9iillir,15-t-l(A.Wl'l•••W..S: _ ... ....., .................. (I} ..... ,. .. ,. Council Bill No. 104 approving amendments to the Englewood Municipal/,J Code pertaining to Inoperable Vehicles. (n~ ~· 17~·· q ii. Council Bill No. 31, an emergency ordinance prohibiting the open carrying !} 77 .J.· of firear~in certain public areas/)/Jdt.L_. ,-/ ('A/A,'f:/f/1~ c. Resolution!> a Motions. iii. (_ 1.:,:--~ -ri --!f f -1 ,,... Recommendation from the Library Department to adopt a resolution approving Englewood Public Library's "Summer Food for Fines" program. STAFF SOURCE: Hank Long, Director of Library Services.~1.J.tA.;- Recommendation from the Department of Finance and Administrative Services to adopt a resolution approving the transfer of funds from the S rv iCenter Fund to the General Fund. STAFF SOU~E: frank Gryglewicz, Director of Finance and Administrative Services. ~ ~ Recommendation fr o m the U tilities Department to adopt a resolution approving a sole-source contract with Mclemore Pump in an amount of $63 ,885.00 for improv ements to the Mclellan deep well pump. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. i/),(l/).f~ , G neral Discussi on . a. \la, ors Choice. b . Council \\embers Choice. Plea e no te: If , ou ti., e ;a diwbilitv and nffd ;au,umn-.iidt or wfticN, pluM IIOCify the Otv of E~ 0 -·&2-H051 •t leut -'8 houn in .ich;ance of when MmCft -Meded. 11IMli vou. Englewood City Council Agenda Ma y ~ 2003 Pa ge 4 13. City Manager's Report. 14. City Attorney's Report. Adjournment. {f: </{) rj.,,._/ The following minutes were transmitted to City Council between May 2 and 15, 2003 : Englewood Liquor Licensing Authority meetings of: -August 21, 2002 -September 4, 2002 (Telephone Poll) -September 24, 2002 -October 16, 2002 (Telephone Poll) -November 6, 2002 -November 20, 2002 (Telephone Poll) -December 4, 2002 -December 18, 2002 (Telephone Poll) -January 8, 2003 -February 5, 2003 (Telephone Poll) -February 19, 2002 -March 5, 2003 (Telephone Poll) -March 19, 2003 (Telephone Poll) -A pril 2, 2003 (Telephone Poll) -April 16, 2003 (Telephone Poll) Englewood Cultural Arts Commission meeting of April 2, 2003 Englewood Hous: g Authority meeting of April 2. 2003 Englewood Public Library Board meeting of April 8, 2003 Ke ep Englewood Beautiful meeting of April 8, 2003 Englewood Transportation Advisory Committee meeting of April 10, 2003 Engle w ood Parks and Recreation Commission meeting of April 10, 2003 Plea e note: If , ou have 4 diAbilitv ilMI need Mlllilln _. or MfticN. ...... IIOIII¥ .. Oly al E .... •• t 303-i62-2.&0 51 ~• leut .&I "-sill--. crlwlk.• Mftint are......_ 111aakv-. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Reaular Session May 5,2003 I. Call lo Order The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7:40 p.m. 2. lnvocalJon The invocation was given by Council Member Nabholz. 3. Pledp or Allegianc:e The Pledge of Allegiance was led by Mayor Brad.haw . .i. Roll Call Present: Absent : A quorum was present . Council Members Nabholz, Moore, Grazulis, Wolosyn, Yurchick, Bradshaw Council Member Garrett Mayor Bradshaw said Council Member Garrett notified us earlier that he was ill. Also present: 5. l\llnutcs City Manager Scars City Attorney Brouman Assistant City Manager Aaherty City Clerk Ellis Public Information Officer Punccrclli Director Ross, Public Works Director Black , Parks and R~'IUlion Housing Finance SpccialiS1 Grimmett, Community Dcwlopmcnt Director Olson. Safety Services Director Kahm. Capital Projects Senior Manager Danncmiller. Community Development Director Fonda. Utilities Director Gryglewicz. Finance and AdminiS1rative Services Open Space Manager Lee. Parls and Recreation (a) COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPltOVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 21, 2'0.3. ~1a)Or Brnd,ha" a,kcd 11' there"~ any discussion or correcuom. There ll'as none. Vote results: Council Membe rs Nabholz. Moore. Wolosyn. Grazulis, Bradshaw None Englewood City Council May 5, 2003 Page2 Ab s•a in : Absent: Mo ti o n carried . 6. Scheduled Vis11ors Council Member Yurchick Council Member Garrett (a ) Mayo r Bradshaw si··d my friend Melissa Chew, from South Suburban Parks and Recreation Dis trict , Colorado Park liil Recreation Association and the National Recreation and Park Association. is here. Ms . Chew said thank you for giving me the opportunity 10 be here tonight . It is my great pleasure to be here representinl!, not only the Colorado Park and Recreation Association. but also the National Recreation and Park Association. Both of which have honored your Mayor, Beverly Bradshaw, for her many contributions 10 the community. I would like to take just a moment and read to you the citation I read for the most recent award she was given, which was at the National Recreation and Park Association Midwest Regional Conference, which represents seven different states. Beverly was nominated for an individual citation award. which she received. She was competing with individuals nominated from all those different states. We arc really proud 10 have her in our community, she said, as a local advocate for parks and recreation. Pursuing her passion, Beverly Bradshaw has had a tremendous impact on the quality and quantity of park and recreation programs and facilities in the south metropolitan area. In her twenty plus years o f leadership and advocacy for park, trail and open space development and preservation, her achievements arc many and her dedication and enthusiasm unwavering. Currently, Beverly is adjunct professor at Arapahoe Community College, Chairperson of the South Suburban Parks Foundation and Mayor of the City of Englewood. Her professional accomplishments arc many. Just a sample of what she has accomplished as an eighteen year board member and current chairperson of the South Suburban Parks Foundation include: being instrumental in the succcssful trail development of the Mary Carter Greenway, which is a 14 mile paved trail connecting the Chatfield State Recreation area to downlDwn Denver along the South Plaue River. Additionally, she has been influential in the Big Dry Creek Trail, which, as you know, was dedicated this past Saturday, with the bridge dedication. She also was illlllUIDClltal in the Highlinc Canal Trail , a natural surface trail on a recreational easement paralleling the historic inigation channel. As a member of City Council and Mayor of Englewood, Beverly has served for many years on the Park and Recreation Commission and was a founding member of the Malley Senior Recreation Center Trust Fund· C o mmittee . She also served as a Steering Committee member of "Englewood for Rec:rcation", as is ting in passin g a $13 million recreation facility bond issue in 2001. Bev Bradshaw continues to be an ad,·ocatc fo r the recreational amenities in the south end of Denver. Residents are the ones who truly benefit as Bev ·s leadership has improved the o verall quality of life this area offers. So, Ms. Chew said, I .:ongratul ate fell o w City Council members, staff and citizens for having someone like this involved in your communi ty. S he o ffered Bev Brad shaw co ngratulations. Yo u arc certainly deserving, she said. Ma yor Brad s haw received a round of a ppl a use. M . Chew present ed M ayor Brad sha w wi th the award. Mayor Brad s haw aid tha nk you ve ry muc h . Mayo r Brads haw thanked Jerrell Black for the nonunauo n. !\la~o r Bradshaw tha nked M s. C hew. I know how busy yo ur days arc, she said . (bl Mayor Brad sha l'' said Ro n Gold ,s present 10 address Council rc1ardi111 sales tax and o ther re,enue source,. Englewood City Council May 5, 2003 Page3 Mr. Gold sa id I live and work in Englewood and my address is 2812 South Bannock. As an Englewood res ident and bu s ine ss owner for o ver 26 years . this budget crisis is of great concern. Every year, my bus iness s pend s many th ousands of do llars of sales tax to Englewood. which costs us more than the taxes we collect . However. many other businesses pay little or no tax to Englewood, including used car lots , chec k cashing outfits and more . Most pawnshop income is from their 10%, or greater, monthly interest rates ... over 120% per year. .. and none of this goes to Englewood sales taxes . They arc using lots of City services , he said . I notice , very often, Englewood police cars parked in front . Beyond not paying their way, such businesses can hurt Englewood's image. Used car lots don't pay sales tax and there are over thirty listed in the recent Englewood phone book. All the othe south suburbs combined, have only ten. City officials have decried low rates of homeownership, w , . , renters to me homeowners and encourage young families to move here. Yet. he said, Enge has far more businesses exploiting the poor than other communities. Seven check cashing places and nine pawns ... about one for every block on South Broadway. Again. if you look at all the other south suburban communities combincd ... which have ten times the population of Englewood ... there are four such places. Recently, Englewood proposed a head tax. First. he said, I think Englewood needs to encourage people to work here . If only Englewood has a head tax. then businesses can simply move elsewhere. Once, most of the Fortune SOO's largest companies in America, were based in New York City, then New York City started a city income tax . Now New York State is fighting Texas as to who will be second place in the whole country. Just a few years ago, Sears Roebuck had thou nds of employees in their own building, the Sears Tower in downtown Chicago. They left Chicago for a suburb, once Chicago started having a head tax . We need to encourage employment in Englewood. Tax policies are a tool that can encourage rational growth and improve a City . My suggestions to revitalize Englewood arc that Englewood could limit the annual interest rate to no more than four times the prime rate. The prime rate c an be found in any newspaper on the business page. Four times that rate would be 19%. Having these rates based on the prime rate, would make it easy to adjust for intlatio n. Currently, a carpenter in Englewood can pawn tools on May 31", rcdccm them the next day and be charged 20% ... 10% per month ... for two days of interest. Such excessive interest. could and should be taxed. The extra expense pawnshops cause for police time to check serial numbers, and go to the pawnshops. should be a charge. It would be easy enough to charge sales tax on used vehicles, he said. A minimum tax, for businesses that are not already paying sales taX, could be initiated. It would cenainly help the City if these firms start paying their fair share to support Englewood. If they claim they have to move elsewhere, perhaps it will help the City more ... to have them move and have other businesses come into Englewood, which do pay their fair share of taxes. Thank you. he said. (c) Mayor Bradshaw said our State Legislature is involved in a budget meeting this evening, so no o ne is a va ilable to present the proclamation issued by the Governor declaring the month of May as Engle wood Jubilee II . Pu blic In fo rmatio n Officer Punccrelli said Representative Jennifer Veiga was going to try to be here tonight to present an honorary proc la mation s igned by Governor Bill Owens. Ho wever, they have business at the sta te house a nd they wi ll be there late . So I am going to go a head and read the proclamation, she said. As yo u know . on Jan uary 6"', Mayor Brad shaw a nd C it y Co uncil proclaimed the year as Eng lewood Jubilee II . No" the Gmcrnor has proc la imed the mo nth o f May as the Mo nth of Eng lewood Jubilee II . M s . Punccrelli read the honorary proc lamation in its entirety. Mayor Bradshaw tha nked Ms . Punc ere lli . (d ) G reg Dia mond . Di,trtc t Di rector of Congress wo man Dia na DeGctte's o ffice was tentau,ely cheduled to address Counc il regarding a Congressio nal Tribute in honor o f Englewood Jubilee 11. He "a, not present . 7 Unscheclulrd Vlslton Th.:rc ,,ere no un;,chcduleJ , 1>1tors Englewood City Council May 5, 2003 Page.& 8. Communications, Proclamalions and AppolntmenlS (a) A resolution appointing David Sprccace to the Board of Adjustment and Appeals was considered. COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (a) -RESOLUTION NO. 41, SERIES OF 2003. RESOLUTION NO . 41, SERLES OF 2003 A RESOLUTION APPOINTING DAVID SPRECACE AS A MEMBER OF THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD. Vole resullS: Ayes : Nays: Absent : Motion carried. Council Members Nabholz, Moore, Wolosyn, Yurchick. Grazulis. Bradshaw None Council Member Garrett Mayor Bradshaw presented a certificate and City pin IO Mr. Sprccace. (b) A proclamation honoring the Heroes of the Blizzard of2003 was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING liEROES OF THE BLIZZARD OF 2003. Ayes : Council Members Nabholz. Moore, Wolosyn. Yurchick, Grazulis, Bradshaw Nays : Non.: Absent : Council Member Garren Motion carried. Director Ross said the second most powerful winter storm in Denver 's recorded history hit the fronl range o n March 17", 18" and I 9'h . Before it was finished. it dropped 36 inches of snow on Englewood and the President of the United States declared a snow emergency for much of Colorado. The best thing about this sto rm. he said . was that it showed the people o f the City of Englewood. that our workers arc at their best when we pull together . Park s and Recreation. Utilities and Public Works pooled their resources and talents and through hard work. perspiration and dedic ation they cleared the snow, they removed the trees and bra nches a nd th ey chained up the safety ve hicles and made the emergency repairs that were needed in order to keep the equipment o n the road . Mr. Ross sa id I wou ld like all o f the Parks a nd Recreatio n people, who removed branches and trees. which all owed the streets and alleys to be o pen. to step forward . I would like to read the name of everyone who was im o lved in thi s effort. he said. Brian Hanley. Charlie Auncr. Frank Burham. Keir Anufrijevas, Paul Simon . Joe Yo ungren. T o by Lujan. Nate James. Bo b Stephenson. Betsy Mercer, Tim Parks. Make Norris. atahe Coenen. Lui s Esparza. Wayne Niles and Josh Metsker. Mr. Ro,s said heavy. we t snow blanketed the front ra nge and moving the snow is very hard on the ~qu 1pment . \ ith o ut th e effort and ener&ic s of the Fleet M:untcnancc Divi,io n we would not have had the c hJms o n the em~rgenc y eq uipme nt or enough trucks. loaders and graders to get throuah the storm . So. he ,a,d . at th,, ume I would like o ur Fleet Maintenance group 10 step fo rward and be recognized. They arc • • Englewood City Council May 5,2003 PageS John Stcpanich, Mike Stegmaier, John Smaldone. Manin Rossi , Gerald Cox, Tony Eppolito, Gib Anderson. Dan Sommerville and Scott Edwards . Director Ross said the Utility people pitched in with equipment and provided skills to help clear the streets and I would like to read their names into the record . Manual Atencio, Rob Worek, Chris Puskas, Erick Giczen, John Koppenhafcr, J . T . Spurlock, Alben Guerrero, Tom Chesher and Stan McClung. Mr. Ross said it is with much pride that I would like to have the Street Maintenance Division step forward. These fifteen guys, in six days of snow removal, put in 1,530 hours. That means they averaged about 17 hours a day and had about seven hours off a day ... and that is every twenty-four hours. No one missed a shift. Dell Montgomery and Brad Hagan were the generals in this effort. Through their leadership and direction they created a systematic approach that allowed an attack on the snow abatement to occur in such a way that our citizens were the first in the metro area to be able to use the roads. They did a terrific job. In addition, he said, we have Otto Lichtl, Mike Renner, Elli,-Slater, J.C. Coffey, Charles Kauffmann, Cecil Payne. Craig Siegel, Butch Jerome, Jim Brown, Rudy Dingman, Burton Vance, James Piazza and Gerald Baumer. Director Ross said I would like to recognize the directors and managers who made the collective decision that we were going to succeed in this endeavor in keeping this snow emergency from becomina a crisis. They provided leadership and direction in order to provide a total team response. He asked Stu Fonda, Jerrell Black. Dave Lee and Pat White to step forward . In addition to those fellows, we want to recognize Bill McCormick, Mitch Riley and Steve Lasley. Director Ross said I think all of the City owes these guys a debt of gratitude for what you did and how you did it. Thank you. he said. They were all given a round of applause. Director Black said Mr. Ross has been singing the praises of all of the staff ... and rightly so. But, Ken was one of the leaders in the effon, he said. and I think he needs to be acknowledged for all the hours that he put in as well . Mr. Ross was given a round of applause. Mayor Bradshaw presented those in attendance with certificates. Ma yo r Bradshaw said these guys were awesome . C it y Manager Sears said he would like to add that he just can't say enough about the crews that are here and the coordination with Safety Services. The plowing that was done, allowed our Safety Services people to get to emergency locations. It was a great team effort and the whole orpnization is grateful . The ci tizens we heard from. for the most part, had nothing but praise and thanks for lhc dedication of staff. On behalf of the Ci ty Manager's s taff, he said, I just want to say thank yo u for a job well done . Mayor Brad shaw sai d we son of had a mi scommunic1uion o ne morning and I showed up at your staff meeting. as Gary had forgotten to tell me that we weren't presenting the awards at 8 :00 a .m. Anyway it is nice 10 see yo u g uys here and I do appreciate everything you do and I know our citizens do too. We arc really very lu cky, s he said . the type of workforce we have in Englewood . Thank you very much . (c) A letter from Randall Taylor indicating hi s resignation from the Alliance for Commerce in Englewood was cons idered . COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF RANDALL TAYLOR FROM THE ALLIANCE FOR COMMERCE IN ENGLEWOOD. Englewood City Council !\lay S, 2003 Page6 Council Member Yurchick said we arc going to miss Randy. He was a good addition to the committee and I hate to sec him go. but I understand he has to do what he has to do. Mayor Bradshaw agreed it is going to be a great loss . Vote results: Ayes : Nays: Absent: Motion carried. Council Members Nabholz, Moore. Wolosyn. Yurchick, Grazulis. Bradshaw None Council Member Garrett 9 . Publk Hearing No public hearing was scheduled before Council. I 0. Consent Agenda MAYOR BRADSHAW REMOVED ITEM 10 (a) (I) FROM THE CONSENT AGENDA. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (II) and (Ill), AND 10 (c) (I). (a) Approval of Ordinances on First Reading WOLOSYN (ii) COUNCIL BILL NO. 18. INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE ACCEPTING DEDICATION OF THE RJGHT -OF-WAY FOR PART OF THE 2100 BLOCK OF CASPIAN. FROM THE REAL PROPERTY AT 2133 WEST WESLEY AVENUE. (iii) COUNCIL BILL NO. 19. INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE AUTHORIZING THE SALE OF A SlNGLE FAMILY RESIDENCE AT '.! 133 WEST WESLEY A VENUE PURSUANT TO THE lNTERGOVERNMENT AL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COMMUNITY COLLEGE. (b) Approval of Ordinances o n Second Reading There "ere no items submitted for approval on second reading. (c) Resolution and Motions (1) RESOLUTION NO .. (?. SERIES OF '.!003 .-\ R E OLlJT IO BY THE CITY OF ENGLEWOOD AUTHORIZING THE CITY OF ENGLEWOOD. C OLOR DO. TO FILE AN APP!! ATION FOR THE ARAPAHOE COUNTY HOME INVESTMENT PARTNERSH IPS ACT FUNDS 1iOME) TO PRO IDE FUNDS FOR HOUSING REHABILITATION FOR INCOME ELIGIBLE PERSONS. \'ott r ults: .., • t • • Englewood City Council May 5, 2003 Page7 Ayes : Nays: Absent: Motion carried. Council Members Nabholz. Moore. Wolosyn, Yurchick, Grazulis. Bradshaw None Council Member Garrett • •••• 10 (a) (i) Mayor Bradshaw said I know we have the single-family ~·dence at 2133 West Wesley and we have the opening next week. I thought that Council was doing this co.. t with the school as a spec house on our other propcny, up there on Wesley. ls that Council's recollection? I see some heads nodding. she said. As I recall we were going to sec if we could build and sell single family homes up there ... in that area of Englewood. It says ··on a site yet to be determined" and I understand that, but do we have another site in case Council decides to sell those propcnies·/ Housing Finance Specialist Grimmett said I am not sure I understand your question. Do you want to know if we have another sire for next year's program·? Mayor Bradshaw said that is right. M Grimmett said we are working on that. bur the site is not up there in the same general area. It is in anodlcr pan of town and we are still negotiating with the current owner. But we are working on that. Mayor Bradshaw said okay. I didn·t want 10 put you on the spot, but !just wanted to know. Ms. Grimmett said we are really working towards doing that. but unfonuna1ely. because of the moratorium that is up there, we can't proceed with the development of the rest 01 the sites on Wesley until that is resolved and lifted. So we arc looking elsewhere. in order to complete the project for next year. Mayor Bradshaw said that is good. So they want to work with us. Ms. Grimmett said yes. they want to continue working with us, very much so. Ms. Grimmett said, hopefully. you will all be there next week for the open house. Mayor Bradshaw encouraged everyone 10 attend the open house next week. It is well worth it, she said. If you don 't get 10 anything else. go 10 the open house. The pride that the IIUdcnls show in what they have accomplished in building a house is just phenomenal. Mayor Bradsh thanked Ms. Grimmett for her rime. Council Member Yurchick 'said he wanted 10 ask a question about Wesley. ls Iha! house at 2133 West Wesley built so that when the moratorium is over. the IOI will be subdivided and another AVS house will be built behind it o r will ii be sold as one big lot? Ms . Grimmett advised that. currently. when we do sell 11, it w,l l be sold 10 cover our cost and ii will be sold as the whole lot. Mayo r Brads haw said I think that is what we agreed 10. Mayo r Bradshaw thanked Ms . Grimmett. MAYOR BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (a) (I). CO UNC IL BILL NO. '.?9. INTRODUCE D BY MAYOR BRADSHAW Englewood City Council May S, 2003 Page8 A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREE !'IT BETWEEN ARAPAHOE COMMUNITY COLLEGE/A VS CAREER AND TECHNICAL SCHOOL AND THE CITY OF ENGLEWOOD PERTAINING TO THE BUILDING OF A SINGLE FA'..tlLY RESIDENCE AT A SITE TO BE DETERMINED . \' ote results: Ayes : Nays : Absent: Motion carried. 11. Regular Agenda Council Members Nabholz, Moore. Wolosyn. Yurchick, GJ:,aZulis, Bradshaw None Council Member Garrett {a) Approval of Ordinances on First Reading {i) Director Olson presented a recommendation from the Safety Services Department to adopt a bill for an ordinance authorizing the purchase of the property at 3629 South Fox StrccL As you know, we arc leasing a portion of this building right now. We arc also leasing propeny in the 2900 block of South Broadway for our sub-station. We feel that by purchasing this property we can co nsolidate a lot of our activities we are doing right now and save approximately $70,000.00 to General Fund in lease costs and actually bring in $20,000.00 in lease payments to the City . Rick Kahm has the details on this, he said, and we have gone ahead and signed the initial agreements. Director Kahm said the property on South Fox appraised at $685,000.00. After neaotiating with the owners. we reached a purchase price of $650,750.00. For all practical purposes , typically commercial real estate would have had a IQ% real estate commission and we just split that. It was pretty simple. The folks that own the building right now, he said, are using two-thirds of it and Safety Services leases one-third. Ultimately, this will reverse . Ultimately. the existing owners will continue to leue the south one-third of the property. he said, and Safety Services will use two-thirds . In the interim, which is a 60-day period. we will collect rent from those owners for two-thirds of the buildina and that will change at 60 days. ID one- third . The other thing we talked about earlier. prior to neaotiations. is that we have had a very favorable rent. at $875.00 a square foot, and the appraisal came back su1gestin1 that market was $9SO.OO. The folks. that are going to continue to occupy, will pay the $950.00. We would hope that that rent of $20,520.00 per yea r. should pretty much cover the expem,cs of running this buildina. So. he said, when Safety Scrviceli ceases to lease their third of that building , plus the savings on Broadway. they should save about $67,000.00, almost $68,000.00 a year from the General Fund . Director Olson advised that the Forfeiture Board has already approved the expenditure of !ht funds for this Ma yo r Bradshaw said thi s is not a General Fund expenditure. Mr . Olson said there are no General Fund monies involved. It is all Forfeiture Fund . Ma)or Bradshaw said that cou ld be confusing to people in the audience. This is not General Fund money. th,, ,s Forfeuure Fund money . Director KJhm sa id the Forfeu ure Board. in addition to the purchase pnce. also approved reimbursement of Jll the co 1> associated wit h this ... thc appraisal 11nd some tenant finish remodelina costs. There is abwlutel) no General Fund money involved, he said . ~la~or Brad ha" ,a,d I think th1 "111 set\'C us well . She asked Direcwr Olson if he apeed. Englewood City Council May 5,2003 Page9 Director Ol son said that is what we are hoping . Of course, a lot of it will depend on the staff we will have available . As yo u know. the Impact Team has already moved downstairs. We arc going to buy the building . he said. and use it to the fullest extent that we can . If down the road it becomes necessary to sell it , we will d o that, but this is a good real estate investment right now for us. Director Ol son said that money is sitting in the Forfeiture Fund and at some point we have to use it and we think this is u very valuable use. Yes , we are going to use it and we will have people inside the building. Mayor Bradshaw said it is nice to have this staffed here too. Mr. Olson said yes. the Impact Team will stay downstairs in this building. Mayor Bradshaw said that is good. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 32. COUNCIL BILL NO. 32 , INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE FOR PURCHASE OF REAL PROPERTY AT 3629 SOUTH FOX STREET lN THE CITY OF ENGLEWOOD FOR POLICE PURPOSES . Vote results: Moti o n carried. Ayes : Nays : Absent : Council Members Nabholz. Moore. Wolosyn, Yurchick. Grazulis. Bradshaw None Council Member Garrett (ii) Senior Manager Dannemiller presented a recommendation from the Community Development Department approving an Incentive Package for Gart Sports. She said I am here tonight to recommend th at Council enter into an agreement with Gart Sports to provide incentives on the site of 1090 West Hampden, for the purpose of expanding Gart Sports Corporate Headquarters to this former Office Depot site . Much like the previous agreement that Council entered into with Gan Sports in May of 2001. this agreement will provide an incentive package for personal property taxes, use taxes on building and equipment purchases. in year one and 5~ of these taxes in years two through five . She pointed out that these are personal property taxes and not real property taxes ... things like computers and office equipment. Also. the agreement would recommend negotiating the formation of a special improvement district for the purpose of improving streetscupes. landscaping and pedestrian amenities around the entrance to the site. as well as a commercial catalyst grant of up to $'.!0 .000.00 to be offered for on-site improvements to Gari . T wo other items included in the agreement. she said . are the offer 10 apply for transportation and improvement fundin g to s upport ~ pedestrian bridge. which will connect the Gart site to the Englewood tra ns n stati o n a nd a n o ffer to help in n~go tiating the acquis iti o n of a parcel , that is adjacent to the 1090 West Ha mpde n fac ility. with COOT and the railroad . We would basicall y just assist in their negotiation process. but the re , no requirement for the City to pro vide any funding to complete that agreement . In re turn fo r tha s pac ka ge. s he said. Gart will bring appro~imately 350 full-time jobs. at an average salary of . 60.000.00 per ye ar. to the s ite . c reating an annual payro ll o f approximately $21 million, as well as approxi mate ly 110 ho n -term constructio n j obs during the s ax to nine month remodeling process and an add iu o nal 65 s hort-term Jo bs an years two through li ve . They w,11 pay all building and permit fees required fo r building expansio n o n the s ate . whi c h as esumated to be appro ximately $13,000.00 in year one and 16 .000.00 an )ea r· 1-...0 thro ugh li ,e . They w,11 al so pro,idc indirect benefits to the communny through the reata u n o f ,e o ndary Jobs. sale s tax re venues fr o m cmplO)ee purchases. as well as provide a -...-ell - re,pected ,·omm un11 y partner an the Englewood bus ,ne~ commurut)'. I -...ould like to JUSI talk. bnetly. she >Jad . a bo ut an,·e ntl\·e , an ge neral. A , we a rc ha n ng \.)ugh eco nom,c tames here within the Cny. thi s ag reement re.ic he the lc,el o fh ,g h scr uuny. but "e \l o uld lake to >11y that c urrently . on the sne. "-e are dem '"!l no re,enue . Whe n G art come , to th e 1tc . \IC ,.,11 not collec t a ll the re,enuc that could potenuall y 't • • Englewood City Council May S, 2003 Page 10 come to the City as a result of their coming here . but we will be collecting more than we are collecting now. So the term incemives, sometimes tends to be a misnomer, she said, we arc just not collecting the full amount of money that we could potentially collect on a site. Mayor Bradshaw thanked Ms. Danncmiller. That was a good explanation, she said. Ms. Dannemiller said thank you. Mayor Bradshaw asked if there were any questions. There were none. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (II) -COUNCIL BILL NO. JO. COUNCIL BILL NO. 30, INTRODUCED BY COUNCIL MEMBER GRAZULIS A BILL FOR AN ORDINANCE APPROVING THE INCENTIVE PACKAGE WITH GART SPORTS TO EXPAND THEIR OFFICES. Vote results: Ayes: Nays: Absent: Motion carried. Council Members Nabholz, Moore, Wolosyn, Yurchick, Grazulis, Bradshaw None Council Member Garrett (b) Approval of Ordinances on Second Reading There were no items submitted for approval on second reading. (c) Resolutions and Motions (i) Director Fonda presented a recommendation from the Utilities Department to ado pt a resolution approving construction of a Powdered Activated Carbon System.Building and an Ammonia Storage Tank . Some time ago. he said, we went 10 using chloramines instead of free chlorine in o ur system and that requires the addition of ammonia. We did that usin11 small deliveries of the ammonia and we also started adding powdered activated carbon at the river, using a trailer that was set up to add the carbon. We wanted to do it on this basis, until we saw how well these actually worked. They have worked ve ry well , he said . The chloramines greatly lower the taste and odors associated with the chlorine and the comb inati o n o f o rganics and the powdered acuvatcd carbon has been very, ucccssful, during periods of low tl o w. in re moving o rg anic s before rhey get to the Treatment Plant. So. now that we arc sure that this \\orks. "e want to go to permanent. larger. full -scale systems . The ammoni11111nk would be a 2500.galion ra nk a nd th ar wo uld allo w us to accept large truck deliveries. It rs actually more economical in the Iona run to ge t that. he said. than to continue to get the smaller ones. And we would be building a permanent Jpphcau o n and stora ge fa c rlit y ... a building ... for the powdered activated carbon. at the Union Avenue Pump Sr atr o n. to replace the po rtable trailer that we have been renting. It docs the same job. but it wouldn't uo rt long term . We have recei ved what we consider good bads for this. It wu more than we anticipated "hen \\C \\ere budgeting. but ~f,er "'c got into the full-scale prOJCCI we feel that the price is appropnate for \\hat \\C: finall y 3Skcd for . There were some difficult construcuon problems down at the Union Avenue Pum p Statio n. So. he said. we -.o uld reco mmend this . It rs being done on a fast track with Carrollo Engineering a nd I\ c reccl\ ed three bids to build and design. 1n coord1nat1on wuh the engineer . We arc J o rn g thr in thi s fa hr o n. he ,ard. ,o we c an . ho pefull y. get thi s done as quickly as po siblc. an the ummerume. before the mer tlo-. get lo w. .. t ,• .. • • Englewood City Council May S,2003 Page 11 Mayor Bradshaw asked if there were any questions. There were none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 43, SERIES OF 2003. RESOLUTION NO. 43. SERIES OF 2003 A RESOLUTION APPROVING CONSTRUCTION OF THE PAC SYSTEM BUILDING AN STORAGE AREA AND AMMONIA STORAGE TANK FOR THE CHLORAMINES FEED ;!,YSTEM AT THE ALLEN FILTER PLANT. Vote results: Motion carried . Ayes : Nays: Absent: Council Members Nabholz, Moore, Wolosyn, Yurchick, Grazulis, Bradshaw None Council Member Garren (ii) Director Gryglewicz presented a recommendation from 1he Finance and Administrative Services Department lo adopl a resolution authorizing a Transfer of $100,000.00 from 1hc Golf Course Enterprise Fund to lhe General Fund. II is basically a panial payment for services rendered in the past, he said. Council decided, in the pasl, not lo have lhe Golf Course pay for the administrative fees . The Golf Course actually contacted us, he said, lo make this payment. Mayor Bradshaw said this is what I mentioned in Study Session earlier. Mayor Bradshaw asked if there were any questions. There were none . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (U) -RESOLUTION NO. 44, SERIES OF 2803. RESOLUTION NO. 44, SERIES OF 2003 A RESOLUTION APPROVING THE TRANSFER OF FUNDS FROM THE GOLF COURSE ENTERPRISE FUND TO THE GENERAL FUND. Vote results: Mouon earned . Ayes : Nays: Absent : Council Members Nabholz, Moore, Wolosyn. Yurchick, Grazulis, Bradshaw None Council Member Garren (i ii ) Director Gryglewicz presented a rccommcnda1ion from 1hc Finance and Administrative Services Depanmcr.t to adopt a resolution authorizin1 a Transfer of $923,000.00 from the Public Improvement Fund to the Capital Projects Fund . He said I have included in Counc,l's packet. paae I 5, which is a list of projects in the Multi -Year Capital Plan . The projects arc actually bein1 accounted for m the Capital ProJects Fund. but the funding came from the Public Improvement Funds. The transfer JU>I need s to be made over to that fund , he said. Ma)o r Brad sha 11 asked ,f there were any ques tions. There were none. • • Englewood City Council May 5,2003 Page 12 COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Iii) -RESOLUTION NO. 45, SERIES OF 2003. RESOLUTION NO. 45, SERIES OF 2003 A RESOLUTION APPROVING THE TRANSFER OF FUNDS FROM THE PUBLIC IMPROVEMENT FUND TO THE CAPITAL PROJECTS FUND. Vote results: Motion carried. Ayes : Nays: Absent: Council Members Nabholz, Moore. Wolosyn, Yurchick. Grazulis, Bradshaw None Council Member Garrett (iv) Director Ross presented a recommendation from the Department of Public Works to approve, by motion, a construction contract in the amount ofSI02,971.00 with Hallmark. Inc . for the West Union Avenue Bridge Repair Project. Staff has reviewed the qualifications of this low bidder and we find everything acceptable . We, as a City, have invested a lot of money into our bridges. They cost a lot, he said, and if you make timely maintenance and repairs you can prolong the life of these bridges and prevent major deterioration. On this particular bridge, he noted. there is ,a lot of truck traffic and we arc experiencing some deterioration due to the way the drainage is running off the bridge and deteriorating the edges. The deck needs to be sealed and we need to repair the cracks. Also, we had a drunk driver run through the guardrail and we need to repair that .. It just needs to be done, he said, so we would ask that you approve this contract so that we can do this. Mayor Bradshaw asked if there were any questions. Council Member Yurchick said I just have a quick question. On the Bid Proposal Tabulation sheet it says ··revised after unit price corrected on bid proposal." What does that mean? Director Ross said. basically. there was an error in their bid . When we looked at the written total it didn't match the numerical total and so we had to correct that . So ii was just a clerical error. Council Member Moore said I jusl have a quick question. Is the wear and tear of this bridge attributable to the trash facility there? Director Ross said yes. because of all that traffic and some of ii is just because of the, ay that bridge was built , drainage wise . The drainage is coming off the bridge. running under and unr:neling the edge and we are going to correct that situation. You can't really attribute that problem to the truck traffic . he said. And the guardrail doesn ·, c urrently meet American Associa1ion of State Highway and Transportauon Officials Standards. Since we are spendi ng so much money on thi s bridge. we wamed 10 bring II up to those standards. In addition 10 that, because of the close proximity to the ball fields and all 1he f~deral green railing and all that o ther stuff. this railing will be federal green as well. so we kind of ti,; the two together. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRACT WITH HALLMARK, INC. FOR THE WEST UNION AVENUE BRIDGE REPAIR PROJECT. Mo ti o n ·amcd . Aye : . ays : b.ent: Council Members Nabholz. Moore. Wolosyn. Yurchick. Gruulis. Bradshaw None Council Member Garren Englewood City Council May 5,2003 Page 13 12. General Discussion (a ) Mayor's Choice (i) Mayor Bradshaw said I appreciate citizens sending us notes, however, I would rather have l,.c m sign them. I know that we are trying 10 remedy the parking issues and I think ii has improved down underneath, but there is a complaint about the lack of parking for the Library because of Baily's. I think that the signs have mitigated some of1ha1. she said, but we probably need to check with the Library or check with Hank Long. City Manager Sears said we can do that . (ii) Mayor Bradshaw said in your packet we had information on Feed America . Do we want 10 issue a proclamation for that? ls that yes or no? It is a yes, she said. Mayor Bradshaw asked about a proclamation received from the Metro Mayor's Caucus regarding Horne Ownership Month. Is this one okay'/ Council concurred. (iii) Mayor Bradshaw said I have some pictures from the bridge dedication on Saturday. It went very well and there was a good tum out. The bridge, down on Union Avenue, is gorgeous. it is truly a piece of art . I can't thank Gary Hultberg enough. She asked Jerrell Black to thank Mr. Hultberg. He was incredible. All in all. she said. I think we had SOO people. She asked Director Black 10 thank his staff for all their help. (iv) Mayor Bradshaw asked if we are going to underground the utilities by the waler park . Because, she said, it looks crummy. Director Kahm said actually we have already contacted Excel and we will underground . When South Suburban built the ball fields. we put the utilities underground on Windermere and around the comer on Belleview. We will pick up al that point and we will underground down to Big Dry Creek. It is too costly 10' go under Big Dry Creek. he said. so we will stop al that point . But we have that I% money available for that and so that is already being scheduled. (v) Mayor Bradshaw said, again , I want to thank Director Black for the nomination. And please tell Gary thank you. There arc a lot people who do a lot of work on parks and recreation, she said . but thank you for the recognition. (b) Council Members' Choice (i) Council Member Nabholz : I . She said trucks are going off of Dartmouth and going 10 General Iron Works . Some of them are empty. some arc carryi ng river rock and some of them are carrying dart . They were using Delaware Friday and Saturday. I didn't sec any of them carrying dirt going down Delaware. But, she said, I received two c alls yesterday that said they were turning from Dartmouth 10 Elati, with dirt, and the tarps were not pulled over the trucks . As windy as it wai. yesterday these people were a little upset. So, she said, we f-110 1ouch base w11h them and find out what they are doinl!, Director Ross atd \\C "111 get on it. Council Member Nabholz said thank you. She o ffered Mayor Bradshaw congratulations on her award. Englewood Cily Council l\lay S, 2003 Page U (ii) Council Member Moore said to night Mr. Gold brought up issues with used car lots. I just wanted a reminder of where we arc in the process. As a Council we have talked about dealing wi th that issue. l s that pan of the UDC review? City Manager Scars said as I understand it is pan of the UDC . Senior Manager Dannemiller said actually it is not part of the UDC . However. we are undergoing a study no w to analyze the under utilized properties on Broadway and to determine how to proceed with a recommendation for action . We are having meetings with propeny owners on Broadway next week. to gather their input and we'll be back to Council this summer with a course of action. (iii) Council Member Grazulis offered Mayor Bradshaw congratulations on her award. (iv) Council Member Yurchick said I wanted to request approval to attend CML again this year. Mayor Bradshaw noted that Mr. Yurchick had handed out the memo with his expenses. Council Member Grazulis said I will not be attending the CML Conference and since I am the voting member for CML I wish to give that power to Council Member Yurchick . Mayor Bradshaw said you will need 10 take care of that housekeeping issue. May or Bradshaw said Council has Mr. Yurchick's expenses that he passed out at Study Session, so we need a motion . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE MICHAEL YURCHICK'S EXPENSES OF $711.64 TO ATTEND THE CML CONFERENCE IN PUEBLO IN JUNE. Ayes: Nays : Abstain : Absent : Motion carried . Council Members Nabholz. Moore. Wolosyn. Grazulis. Bradshaw None Council Member Yurchick Council Member Garrett (v) Counci l Member Wo losyn: I . She said o n Saturday I aucndcd the DR COG Annual Retreat and my ears perked up a few times "hen I heard our name mentioned . But , in the midst of what is becomm1 son of a familiar discussion of how 10 make DR COG more efficient. Englewood came up several umes as an example of how to convince people that the conce pt of an urban center. and also the idea of deMity. aren 't horrific words. They said that just by e'(1s1ing and being ucccssful we arc becoming the example that helps chanae peoples mtnds . o. 10 all o f yo u \\ho helped c reate this . she s:ud. I thi nk that 1s a good thing. , She said last wee!.. I ga"e Director Grygle,.,cz the list from Mr. Gold aboul ht ideas. I know )'OU are bus). but 1f I could have a re ponsc . Jus t so I can respond to him . Council Member Grazuhs said I "'o uld also hl..c to sec th.at . he a,d tomorro w afternoon Am) Doe and I ,.,11 be at MOA 1cm1 cakes for ccniapiecn If Jn)One \\ould hkc to come around JI about I :30 or ~:00 10 help us.~ Sllld. that would be lff&I· We ha\'e 10 1,c 16 sJrdboard c ake \\llh late, caul l..1n11 Englewood City Council May 5,2003 Page 15 13 . City Manager's Report (a) City Manager Scars said we will turn Council Member Wolosyn's request of Director Gryglewicz into a short-term request and we will get back to you . (b) City Manager Sears said there has also b·:en a question about Linlc Dry Creek and what is going on with Linle Dry Creek. He asked Dave Lee to respond to that. Open Space Manager Lee said what we arc doing down on Linle Dry Creek is a continuation of what we did last year along Big Dry Creek in Belleview Park and along Linle Dry Creek, in a section further east. And, he said. that is in conjunction with Urban Flood and Drainage. They went through and did some sediment remediation, he said. They removed a lot of sediment last year, making Belleview Park a lot safer along the Creek and also improved the flood control on Little Dry Creek. So this is just a continuation of the sediment removal, down where Hampden crosses underneath there, and over towards Broadway. We had applied again for funding for that last fall, he said. and did receive that award. Mayor Bradshaw questioned the cost to the City. Mr. Lee said it is paid 100% by Urban Flood and Drainage. The only thing I have agreed to do out of that is the reseeding of that whole project. Which is the same as we had done last year, he said. City Manager Scars asked if it will deepen the channel there, by doing this. Mr. Lee said it will deepen the channel. Mr. Lee ellplained that. basically. what has happened over 20 years or so is that with sedimentation and flooding coming through there , the sediments build up at least two to two and a half feet in those areas. Over in Belleview Park it was three and four feet . This widens out that channel and gives more water a chance to flow down through there a lot more rapidly and, hopefully. will help with our task of maintaining that bike path along there . Hopefully . there will be a little less debris caught in thole areas . (cl City Manager Scars said we had some complaints over the weekend about some dirt removal 111 the new aquatics site on Belleview. He asked Jerrell Black to talk about that. D1rec1or Black said this morning I received a call from a gentleman who lives near Belleview Park. He wa concerned that last night there were trucks hauling dirt from the aquatics center site. Rick Kahm and his ;,taff contf'jctcd wnh T-Rex to haul dirt out to the T -Rex ;,ite. he said. and what that does is we sell t•he d,n to them and II saves us from paying to have it hauled off. I th,nk the savings is in the area o f about 50,000.00. Dave Henderson did speak with the gentleman this afternoon and let him know that we arc gomg to do several things . We are goi ng to make ;,ure 1ha1 all the trucks exit the west side down to Santa Fe and they do no t go eas l to Broadway. Al.o, they have a dozer and a loader on the si te and we have a;,1..cd the people. \>Orkmg ""h T-Rex . not 10 usc the dozer at night...we have asked that they only usc the fro nt -e nd loader. We arc also go mg to mal..e sure. he said. that the li1h1s they are usin1 at night don't shine 10-.ard, the neighborhood and they arc going to talk to 1heir staff about doing everything they an ... becau.-c "ith the equipment. pan of 1he problem is "hen the y back up there ,s the beeping. But that , an OSIIA requirement and there wa;, no d1scuss1o n on that . It I my understandin1 that when Mr. Hcnderwn ull..ed to the ¥CntlemJn. the ge ntleman cenainly under tood. but he wu JUSI one of several who hJd o ppo d the "atcr parl from day one and he -.as Just concerned about e,eryth1ng that is 10101 o n there But , Mr Bl.id 1d . I think he occepteJ "hat wa. pa scd on to h,m . The other th,ng , th.lt th, reJII~ ,s ,,nl~ ro r ,c,en nc!!hl There -.,II be three n111h1 that \>C w,11 mo,-e dirt, there ,.,II be sc,-eral n,ghis thjl -.c "on ·1 anJ then there -.,II be four more ni1h1 -.here 11 -.,II be mo,ed to a different lie at T - Rc, PJrt 0 11hc pn.,tile m , th 11here, no ploce 10 tore rhe din the> arc ha\lnl to mo,e the dtrt. from the 11c . 1ra1 •ht 10 1hc f -Rc, prc1c..1 o,er there. We 1h1RL th, 1 a m,nunal unpact. he 1J. but II ccn;i1nly • • Englewood City Council !\lay 5, 2003 Page 16 is an impact and we c an understand the concerns there . But we think with the savings and the measures we are going to ta-., mitigate the impact on the neighborhood it is worth the effort. Mayor Bradshaw asked if there were any other questions for Director Black. There were none . ••••• Council Member Grazulis said they had to postpone the Chamber's awards for the Englewood S.:hool's outstanding youth and they have rescheduled it for this Thursday between 11 :00 and I :30 over at the AVS building. • •••• Council Btll No. 31 , an emergency ordinance prohibtling thc open carrying of firearms in certain public areas was considered. Council Member Yurchick said he had a question. Why wasn't the Golf Course and the Platte River Trail included? Mayor Bradshaw said it is, it is the Mary Carter Trail . Mr. Yun:hick asked if that is the whole Platte River Trail. Mayor Bradshaw said yes . City Attorney Brotzman said the Golf Course wasn't included because it is not in our jurisdiction. It is in Sheridan. [Clerk's note : Council Bill No. 31 was lislCd as item 12 (b) (i) on the Aacnda.J COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL BILL NO. JI. COUNCIL BILL NO. 31, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE AMENDING TITLE 7 OF THE ENGLEWOOD MUNICIPAL CODE 2000 BY ADDING A NEW SECTION 6 TO CHAPTER 6C. ENTITLED ''PROHIBmON ON THE OPEN CARRYING OF FIREARMS" AND DECLARING AN EMERGENCY . Mayor Bradshaw said we are passi11g this as an emergency ordinance because we want it 10 take effect as soon as possible and it will save us 30 days. Vote results: Ayes: Nays: Absent: ~o ll o n earned. I~. City AUomey's Report Council Members Moore, Wolosyn, Yurchick. Grazulis, Bradshaw Council Member N:abholz Council Member Garren (al Ci t)' Anorne~ Brotzman said I ha,e a rcques1 for a mouoa to approve the tealclllllll proposal that "as pn:sc:ntcd to you at Study Session on the Bradley ia11,'SW1 for S31:?.500.00. COUSCIL MEMBER WOLOSYN MO\'ED, AND IT WAS SECONDED, TO A ... OVE mE PROPOSED SETTLEMENT OF THE BRADLEY LAWSUIT. )e : Cou~1l Members Nabholz. Moore Wolosyn, Yurcluck. Gruul1 . Bradsha" Englewood City Council May 5, 2003 Page 17 Nays: Absent: Motion carried . None Council Member Garrett • •••• Mayor Bradshaw said I gave you the information given to me by Mr. Gold. He gave me a copy too, she said . Mr. Brotzman said he would be working with Frank Oryglewicz. Mayor Bradshaw said if you would work with Director Oryglewicz on that, that would help, because those people do pay taxes and I don't think he understands that. Those people are paying their portion . Also;she said, if we get the Utilization Study about what is the highest and best use of our land in Englewood, that will help us make better decisions. Council Member Yurchick said I just find it interesting that his biggest complaint was against his bigest competitor. Mayor Bradshaw said I thought that was interesting also. 15 . Adjourament HAW MOVm TO ADJOURN . The rneetina adjourned at 8:40 p.m. t 7/4· PUBLIC CO•ENT ROSTER AGENDA ITEM 7 DATE: May 11, 2003 ., UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF RYE MINUTES PLEASE PRINT .r.:mNAN~E.._ ___ AQDB_=ESS-~-------~•-= 4ia /1/t.1115,f: ... C4~ ~c«c:-1: 11/,c/J,wJ/ ,,WIJ ..:>. £Id, .S 'f- ll~" &~((<,, J'c.L..z,/ kdr, 1,,/y 7c,JU7 r+x.~r ·• • • r:1 tj r-·-. (J Printed by: Kevin Mebuet Monday, May 19, 2003 5:21:47 PM Page 1 of 4 Title : Tech Info for the City Council ~ Friday, May 16, 2003 2:10 :08 PM Message From : 0 Tony Raymond Subject : !Tech Info for the City Council To : I" ....... ,.. ilt Sarah tit Darcy Hey guys --here's the info for the city council meeting on Monday (Darcy --I didn't have email, so I told Martin to have you call me .... ) Anyway, here's the poop. The Technology Student Association (TSA), a student-based organization with more than 100,000 members in the United States, Germany and Puerto Rico . Each TSA chapter is dedicated to preparing its membership to live in an ever-changing technical wortd . In order to accomplish this goal, TSA chapters attend and compete at state and national conferences . Flood Middle School founded its chapter during the 2001-2002 achool ye• and finished ranked fourth In the state overall, with 10 medals AND a eecond place 1lniah at the national level in Multimedia Design . This year, the FMS Tech Team dominacl this year's state conference eaming an impressive 33 medals In more than 20 events and was named the Middle School Chapter of the Year. But the wort< isn't over. The next step is to lead the Colorado delegation at the TSA National Conference in Ortando, FL, in late .hnt. In order to come this m, 1Nm memberl have been working through fundraisers, including a year-long lolipop ... bowl+thons, and gift fundraisers . However, while all that hard work ha paid off, we'n1 ltill lholt of our financial goal of taking the team to Orlando. That'• why we need your help! Participating In highly competitive and high-quality organizations such as TSA puts an -,onnoua strain on a small team's budget. From the beginning , the school district and the school's administration have been very supportive of the team 's efforts . They realize some families do not have the reaources to provide their students with valuable learning experiences such as thttM where they are given the opportunity to broaden their horizons and interact with other top-notch technology students . However, aa I'm sure you .,. aware, school and district resources are limited, and their budgets can only go IO m. We would like to ask for your help in getting our state championship tum to the national conference in Orlando . Due to reatric:.tions placed on the amount and type of maeriall that can be carried aboard an aircraft (our projects require tools, Including sharp inetrurnenta , to assemble, and we don't want the valuable projeda damaged In baggage tranllt), our team will be driving to Orlando in late June. However, In order to take a lNm of 15 ltudenll and 3 advisors to Florida on this two-week experience, the team rlNdl to rai1e I• ' .. .. • • )-. ... I • fJ 0 Printed by : Kevin llebu•t Monday, M•y 19, 2003 5:21 :47 PM Tille: Tach Info for the City Council Page 2 of 4 approximately $1,200 per pel'80n. Below is an approximate budget Conference Fees $1,350 Lodging $2,930 Meals $4,620 Transportation $1,200 Miscellaneous $1,500 Grand TOTAL $11,800 Since the team is driving to the national conference, the educational opportunities along the way are many. Planned stops include the Oklahoma City National Memorial and Memorial Museum in Oklahoma City, OK; The Sixth Floor Mueeum at Dealey Plaza, in Dallas, TX; the Lake Pontchartrain Causeway in New Orleans, LA; The Wortd of Coca-Cola, in Atlanta, GA; and the Gateway Arch and the Jefferson National Expansion Memorial in St. Louis, MO. Of course, it wouldn't be a complete experience If we didn't take in Walt Disney Wortd while we were In Ortando. But, overall, It is the goal of the Tech Team advisors to ensure that the entire experience be not only fun, but enriching as well. Here is a proposed itinerary for the trip: ( June 19, 2003-Deo·,er, CO to Oklahoma City, OK-Here the team will stop and visit the Oklahoma City Nation·JI Memorial . ( June 20, 2003 -OKiahoma City, OK to New Orleans (via Dallas) -A planned stop in Dallas to visit Dealey Plaza and the School Book Depository Museum. ( June 21, 2003 -New Orleans, LA to Orlando, FL-A planned trip across the Lake Pontchartrain Causeway (a 24-mile-long bridge). ( June 22, 2003 -Orlando, FL -Disney Wor1d ( June 23, 2003 -Orlando, FL -Disney Wor1d ( June 24, 2003 -Orlando, FL -Disney World ( June 25, 2003 -Orlando, FL -TSA Conference begins; conference registration, competitlve-Eventa/ Display Event Check-in, TSA Mixer ( June 21, 2003 -Orlando, FL -TSA Conl'erence; Opening General Session, Conference Registration, Special Interest Seaalona, Competitive EY9'11a ( June 27, 2003 -Orlando, FL-Competitive Events, Busineaa1Educatlon Fair, Special Interest Seaaiona, General Selaion II ( June 21, 2003 -Orlando, FL -General Senion Ill, Annual Busineu Meeting, Special Interest Seuiona, Competitive Events, 25th Anniversary Dance · ( June 21, 2003 -Orlando, FL -General Session IV, Awards Ceremony ( June 30, 2003 -Orlando, FL -Islands of Adventure ( July 1, 2003 -Orlando, FL to Atlanta, GA -The Wor1d of eoc.cola (students can see the history of C~a and sample the many different flavors cl IOda Coca-Cola sells around the wortd). ( July 2, 2003 -Atlanta, GA to St. Louil, MO -The Gateway Arch and Jefferson National Expansion Memoria and the Museum cl Westward Expansion ( July 3, 2003 -St. Louis, MO to Denver, CO. All of TSA's events are linked to national ltandarda. hlduded with this lett9r la a copy cl the standards and their correlation to TSA events . Addltionally, I've enclosed a program from the national conference for your review . We would like to ask you for your help In raising the funds necnaary to take our state champion technology team to the TSA national confarenca. Any poall,le help you could .. ' ... .. • • Printed by: Kevin llebu1t Monday, May 19, 2003 5:21:47 PM Title: Tech Info for the City Counoll Pape 3 of 4 give In this matter would go a long way in supporting our efforts to build a team that lhowl that students In our community can be champional The 1ucceu of this team dependl on organization• and indlvlduall 1uch u you who believe that preparing today'• youth for the challenges of tomorrow's wortd ii 8118ntiall We'd like to discuss with you further the contribution you aid your organization could make to this team. We Invite you to come visit ~ at Flood Middle School or, if it would be more convenient, we would be more than plened to have aorne of the team representatives come visit you to explain how Important It ii to wort< with business leadenl like you. Either way, we would be more than wiUing to lhow you aamples and give demonltnttlonl of the effortl your contribution would be aupportlng. Wllh your help, together, we can achieve the impoulble. To arrange for a vilit with the Tech Team and itl advllorl, or for more Information about the Tech Team, please call (303) 761-1226. Or if you have acces1 to the Internet. please visit our team webllte at: bttp;/Janalfwood,k12,co,ua;1&0IO/fcboollfflqod/clybtlfachfwnllndu,btrn• Facts: This is the Flood Middle School Tech Team's first State Championship. In the 2001-02 school year (last year) we finiahed the season ranked fourth In the state with 10 medals and a national second place finish in Multimedia Design. This year, we finished first, winning 33 medals in 15 events. EVERY one of our kids medaled in at least one event, and in two of the events we swept all three places. The FMS TSA National Team la: John Buckley: Chapter Team, Gold; Computer Applications, Bronze; Graphic Design, Gold Michael Brakey: Chapter Team, Gold; Individual Chapter Team, Gold; Computer Applications, Silver; Tech Bowl, Gold Sam Brun: Chapter Team, Gold; Pin Design, Silver; Tech Bowl, Gold Levon Fuhr: Chapter Team, Gold: Individual Chapter Team, Silver; Pin Design, Gold; Project Showcue, Silver Lexi Dufficy: Chapter TNm, Gold; Leaderahip Challenge, Silver; Technical Writing, Gold; Tech Bowl, Gold t .. Printed by: Kevin lleltuet Monday, May 19, 2003 5:21:47 PM Title: Teoh Info for the City Counoll Pap 4 of 4 Chrl• Daniel: TSA Talk/Multimedia, Bronze Shannon Eldridge: Technical Writing, Bronze Liddy Foater: TSA Talk/Multimedia, Gold CJ Fubler: Mousetrap Tractor, Silver LI .. Fuhr: Inventions and Innovations, Silver; Leadership Challenge, Silver; Pin Design, Bronze Quentin Good: T-shirt Design, Gold BIiiy Merryman: Technical Problem Solving, Gold Martin Merryman: Chapter Team, Gold; TSA Talk/Multimedia, Sliver Nick Nabholz: Leadership Challenge, Silver; Manufacturing Challenge, Gold Jeff Zleak: Technical Problem Solving, Gold; Rubberband Powered Cars, Silver Thank you all so much for your support -it was certainly well worth itl All of these guys have worked so incredibly hard to get to this point, and are very excited, particularly about being able to bring home a Chapter of the Year plaque, which is displayed in the front hall of the school. The kids were so focueed on the prize, which hu not changed from Day One -·FMS Tech Team -You just won the state championehip -what are you going to do now?• -~ I ·• • • PROCLAMATION WHEREAS, homeownership is an imponant part of the American Dream, and local jurisdictions are committed to helping more Americans achieve that dream; and WHEREAS, homeownership encourages personal responsibility , more stable neighborhoods, better schools. and a decline in crime rates ; and WHEREAS, the City of Englewood is committed to working with available resources and opportunities to provide families with the tools and information they need to accumulate wealth and overcome barriers to homeownership ; and WHEREAS. through a combination of partnerships with Federal and State governments, businesse s. community leaders, and programs for down payment assistance, tax incentives and homeownership education , we are helping many area residents buy homes and pursue a better quality of life; and WHEREAS. during National Homeownership Month, we join with municipalities throughout the counuy in encouraging all Americans to learn more about financial management and to explore homeownership opporrun11ies in our community . NOW . THEREFORE. I. Beverly J. Bradshaw , Mayor of the City of Englewood. Colorado, do hereby proclwm June 2003 as Homeownen Month and call upon the residents of the City of Englewood to join in recognizing the imponance of providing all citizens a chance to achieve the American Dream . · GIVE N under my hand and seal the 19'" da y of May , 2003 . Beverl y J. Bradshaw . Mayor •· t •· • May 1, 2003 Keep Englewood Beau1lful City " Englewood 1000 Englewood Parkway Englawood, CO 80110 To Whom It May Concern: ;;T'.IENT ' . \ 1 am IO aony 1D NY I NMt ID leave my nawly appoinlld poalllon on the Keep E11gle.uooc:I 8Nullful Board. My job as a stylllt In El iglewood has been exnmely han:110 build cllenflllle and I feel I need to pursue another avenue that would be more lucrallve at ttis time. I will not be wortdng In Eliglewood, and since I also do not five In Englewood I no longer meet the requirements 1D be on the KEB board. I wi1t1 everyone good luck and again I am aony 1D NMt ID leave IO IOOl"I. RSC~r"~o IMY-2- Susan Werntz From: Sent: To: Subject: Na,ey Fenton Tueaday, May 06, 2003 3:47 PM Susan Werntz FW : KEB Meeting Please accept the below e-mail a• Joe Serrano•• reaignation from KBB . -----Original Measage----- From : Joe Serrano [mailto:mr_blanlteeyahoo.com] Sent: Tueaday, Ma y 06, 2003 3 :44 PM To : sferberadu.edu; Nancy Fenton Subject: KBB Meeting Samara and Nancy, I have recently changed poaitiona, and my new achedule conflict• with our monthly KBB meetinga . I will probably mi•• moat of the upcoming meetinga. I feel that it may be beat for me to reaign my KBB conwnission. Please let me know if you have any queationa. Thank you , Joe Serrano Do you Yahoo!? 'The New Yahoo! Search -Faater. Baaier. Bingo. http://search .yahoo.com COUNCIL COMMUNICATION Date Agenda Item Subject May 19, 2003 10 a i Centennial As,eement for T empora,y Lease of Retum Flows INmATEDBY STAFF SOUia t Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PRMOUS COUNCIL ACJION Council passed the original Centennial Agreement for Temporary Lease of Return Flows on July 1, 2002. This agreement is a renewal agreement RECOMMENDED ACTION The Englewood Water and Sewer Board, at their May 13, 2003 meetins. recommended Council approval of the Agreement for Temporary Lease and/or Re-Diversion of Reusable Retum Flows of Water Agreement with Centennial Water and Sanitation District BAOC:CilOUND, ANALYSIS, AND ALTERNATIVES IDENTIRm Englewood injects granular activated carbon to improve water quality into a forebay near Union Ave. and S. Platte River, but the process creates blackened water that cannot be directly introduced Into City DitlCh for exchanging. Oear water can be exchanged up Ctty Ditch but must be pumped into the cltch from a forebay adjacent to the Allen Plant Englewood has no pump or P!J>e for pumping 1h11 forebay, but Centennial is agreeing to provide and instaN the pump and pipe at Centennial's sole expense. Centennial owns reusable wastewater return ftows to the S. Platte River and Enalewood has means to ,. divert these flows at Union Avenue and either use them or redeliver to Centennial. The proposed agreement would divert the retum ftows and pay Centennial $85.00 an acre-foot for the ftows, plus pumping costs. Centennial would acquire aR return ftows delivered to Mclelan Reservoir that are not acquired by Englewood and shall pay Englewood $30/acre foot, plus pumping costs. FINANCIAL IMPACT Englewood will pay Centennial $85 per acre foot for Ill return ftows in acquires from Centennial and Centennial shall pay Englewood $30 per acre foot for return ftows acquired by Centennial from Md..elan Reservoir. UST Of ATI'ACHMENTS Bill for Ordinance ) • • ORDINANCE NO. SERIES OF 2003 BY AUTHORITY BILLJ6 ODUCED BY COUNCIL MEMBER~~~~~ ' AN ORDINANCE AUTHORIZING A RENEW AL AGREEMENT BETWEEN CENTENNIAL WATER AND SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO, ENTITLED "AGREEMENT FOR TEMPORARY LEASE AND/OR RE-DIVERSION OF REUSABLE RETURN FLOWS OF WATER". WHEREAS, Englewood injects granular activated carbon to improve water quality into a forebay near Union Ave. and South Platte River, but the process c:reares blackened water that cannot be directly introduced into the City Ditch for exchanging; and WHEREAS, clear water can be exchanged up city ditch but must be pumped into the City Ditch from a forebay adjacent to the Allen Filter Plant; and WHEREAS, Englewood has no pump or pipe for pumping this forebay, but Centennial is agreeing to provide and install the pump and pipe at Centennial's sole expense; and WHEREAS, Centennial Water and Sanitation District owns reusable wutewater return flows to the South Platte River, and the City of Englewood bu means to re-divert these flows at Union Avenue and either use them or redeliver them to Cemennial; 111d WHEREAS, the Agreement authori7.es diversion of the return Oows and payment to Centennial S8S .OO an acre foot for the flows, plus pumpina costs; and WHEREAS, Centennial would acquire all return 0ows delivered to Mcl.ellan Reservoir that are not acquired by Englewood and shall pay EnaJewood $30.00 an acre foot, plus pumpina costs ; and WHEREAS, the Englewood Water and Sewer Bolnlreromrncoded approval ofrencwina the Agreement for Temporary Lease And/Or Re-diversion of Reusable Return Flows of Water berween CenteMial Water and Sanitation District and the City ofEqlewood at ill May 13, 2003 meeting. NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : ~. The Englewood City Council hereby approves the Aan,ement between the City of Englewood and Centennial Water and Sanitation Diattict ~ntitled "Apeement for Temporary Lease and/or Re-Diversion of Reusable Return Flows of Ward'. A copy of Aid Agreement , marked "Exhibit A", is attache d hereto and UICCIIJIOl'*d herein by reference . Section 2. The Mayor and City Clerlt are hereby IUlborized to lip and attest the Aid Agreement for and on behalf of the City Council of the City of Eqlewood. Introduced, read in full , and pwcd_oa fint readina OD the tel' day of May, 2003 . • • Published u a Bill for aa Ordinance cm tbe 23,. day of May, 2003. Beverly J. Bndabaw Attest: Loucrishia A. Ellis . City Clerk I, Loucrishia A. Ellil, City Clerk for tbe City ofEqlewood, Colorado, hereby certify that the above and foreaoms is a aue copy of a Bill for aa Onliaail, imroduced, rad in ftall, and pused on first readina • tbe 1,a day of May, 2003. Loucrillaia A. Ellia AGREEMENT FOR TEMPORARY LEASE AND/OR RE-DIVERSION OF REUSABLE RETURN FLOWS OF WATER l. Introduction; Parties and Purposes. Centennial Water and Sanitation District (Centennial) owns reusable return flows to the South Plane River which consist of Centennial' s reusable water discharged by Centennial' s Marcy Gulch wastewater treatment plant (the return flows). The City of Englewood (Englewood) has a means to re-di ven the return flows at Union A venue. and either retain them for use by Englewood or redeliver same to Centennial. The panics intend that Englewood shall anempt to divert the return flows. under the circumstances set forth below, and pay Centennial for the return flows if same are ret:lined by Englewood: and that Centennial will pay Englewood for re-directing the return flows, if same are redelivered to Centennial. It is anticipated that Englewood will attempt to divert the return flows at its Union Avenue pump station, and either use same immediately in its Allen Treatment Plant. or exchange same up City Ditch to Mclellan reservoir. in Englewood's discretion. Therefore. the parties have agreed as follows. 2. Centennial to Give Notice of Avajl;ibjhtv; Englewood Response. Centennial will advise Englewood. on a daily basis, of the amount of available return flows at Englewood's Union Avenue pump station. Englewood will advise Centennial. on a daily basis, of available return flows Englewood will not be diverting. 3. Englewood to Attempt to Divert . Englewood will make reasonable efforts to lawfully diven the return flows at its Union A venue pump station. En gl ewood shall have no obligation to diven: a) if diversion would impair the necessary quality of wc1ter introduced into Englewood's water treaanent plant or introduced into City Ditch for exchange. as determined in Ena)ewood's sole discretion; b) except to the extent that Englewood determines to use the return flows immediately in its Allen Treatment Plant, plus the exchange capacity in City Ditch : c) 10 the extent that the capacity in Englewood's pumpina system after supplying Englewood·s demand is less than all of the available return flows . Enaiewood shall have no obligation to use the return flows immediately in its Allen Treatment Plant. While Englewood shall make reasonable efforts to diven the return flows, the parties recopize that various factors may make diversion impractical. and Englewood shall have no liability to Centennial for failure 10 di ven. Englewood will account for return flows diverted II its Union Avenue pump stauon. 4 . Englewood 10 Exchanse Up City Pitch, Englewood will make reasonable efforts to exchanac the diverted return flows up City Ditch and into Mclellan Reservoir . via the pump station from City Ditch to Mcl.ellAn Reservoir . .. t .,. .· • • 5. Englewood's Option to Acgujre Return Flows Delivered to Mclellan Reservoir. Englewood will account for the return tlows delivered by exchange to Mcl.cllan Reservoir. Englewood will have the option to acquire the return tlows delivered to Mcl.cllan Reservoir (and, Englewood will acquire any return tlows used immediately in Englewood's Allen Treatment Plant). Within four days after the end of each week (ending Saturday at midnight) Englewood will notify Centennial if it wishes to acquire all of the return tlows delivered to Mcl.cllan during that week. Englewood will pay Centennial $85 per acre foot for all of the return tlows which it acquires, and pay the pumping costs associated with those return tlows . Return tlows so acquired by Englewood shall be treated as Englewood's water for all purposes. and may be used by Englewood or delivered to Centennial under any agreement between Englewood and Centennial .. Return flows delivered to . Mcl.cllan as to which Englewood does not give such notice shall belong to Centennial. 6 . Centennial' s Payment for Return Flows Acquired bv Centennial. Centennial shall acquire all return flows delivered to '.\ltcL:llan Reservoir that are not acquired by Englewood. Centennial shall pay Englewood S30 per xre foot of return flows acquired by Centennial, plus all pumping costs associated with delivery of those return flows to Mcl.cllan Reservoir. 7. Temporarv Pumping Facjlitjes from the Forcbav Reservoir Next to the Allen Treatment Plant. Englewood currently injects granular xtivated carbon (GAC) inro the ford>ay adjacent to the South Platte River. from which Englewood's Union Avenue pumping swion pumps warer to the Allen Treatment Plant facilities. (The GAC is injected because of the current severe quality problems in the South Platte River.) The water containing the GAC is blackened in color and therefore cannot be directly introduced into City Ditch for exchange purposes. Therefore, a substitute supply of clear water to be exchanged up City Ditch must be pumped into City Ditch from a forebay reservoir adjacent to the Allen Treatment Plant (not to be confused with the forebay at the river). (Pumping of this substitute supply will -be unnecessary if the GAC injection at the river forebay should cease.) Englewood has no pump and pipe to xcomplish the pumping of this substitute supply from the forebay reservoir . Centennial will provide and install such a pump and pipe. and hook it up to a power source. at Centennial' s sole upense. Englewood and Centennial will cooperate in determining the location. nature and installation of the pump and pipe. At the end of this agreement. Centennial will remove the pump. pipe and power hookup at Centennial's sole expense. unless the parties otherwise agree. Centennial will restore any excavation or altenation of the forebay and surrounding areas, at Centennial 's sole expense . 8. Pumpjn1 Costs . Englewood will reasonably determine pumping costs. which are to include power. other operation costs. and maintenance . z t • • 9 . Tenninatjon. Either Englewood or Centennial may tenninare this agreement after 5 days wriaen notice to· the other party. If not so terminated. this apeement will terminate II the sooner of October 31, 2003, or the cessation of flows in City Ditch below the Allen Treatment Plant. whichever sooner occurs, unless the panics otherwise agree. 10. Payment. Englewood will account for deliveries. Englewood will pay Centennial for reaun flows acquired by Englewood within 30 days after the end of the month duriq which par1icular deliveries were made to Englewood. Centennial will pay Englewood within 30 days after the end of the month during which particular deliveries were made to Centennial. 11. State Engineer. Centennial will be responsible for any necessary notice to the Swe Engineer's office, assuring the State Engineer's office thal ics return flows an: indeed reusable and divertible by Englewood. and reporting to the State Engineer·s office, in cooperation with Englewood. 12. J2s. This agreement is dated• of the ___ day of _____ _, 2003. CITY OF ENGLEWOOD BY·--------------- CENTENNIAL WATER AND SANITATION DISTRICT Date May 19, 2003 COUNCIL COMMUNICATION ApndaHem 10aii STAffSOUla Subfect Stonn Sewer and Water Une Easements from Enalewood Environmental Foundation INmATEDBY Utilities Department Stewart Fonda, Director of Utllldes COUNOL GOAL AND PIMOUS COUNCIL ACIION None RECOMMENDED AcnON The Englewood Water and Sewer Board, at their May 14, 2003 rneetin& recommend Council approval by Ordinance of the storm sewer easement and the water line easement to the E,.ewood Environmental Foundation. BACKGROUND, ANALYSIS, AND ALTEINATI\IES IDENIIRED Property located at S. Elati St and Englewood Parkway Is currently owned by the ~ Environmental Foundation, Inc. (EEF). The EEF Is sellng the property to an Investment p.ip for conslrUdlon of a meclc:al building and are satisfyln1 the tide company's requirements to pant easements to the City of Englewood for a storm sewer and water line. Not all public utilities and ditches are in recorded easements or rlafm,of-way. In some sec:llons, they are not in recorded rishts-of.way, but in an easement by prescrlpClon. As opportunides arise, lhe Ullldes Department is attemptin1 to acquire easements. Euemen1I by prescrlpdon allow lhe City to maintain lhe ditch and utilities as-is, where-is with no Improvements. Formal easements allow lhe City to make improvements as necessary. Englewood's City Attorney has reviewed the easements. FINANCIAL IMPACT None. LIST Of ATIACHMENTS Bill for Ordinance Grant of Storm Sewer Easement Grant of Water line Easement ORDINANCE NO . SERIES OF 2003 BYAUTIIORITY ... 11.:111 ... ~37 ODUCED BY COUNCIL MEMBER~~~~~ AN ORDINANCE ACCEPTING STORM SEWER EASEMENT AND WATER LINE EASEMENT FROM 1HE ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC ., OWNER OF PROPERTY LOCATED AT soum ELATI STREET AND ENGLEWOOD PARKWAY, KNOWN AS TIIE FORMER CITY HALL PROPERTY. WHEREAS, the City of EnaJewood sold die former City ffalJ property at 34'00 South Elati Street to The EnaJewood Envinlmnmtal Foundation, Inc. (EEF); 111d WHEREAS, EEF is sellina this property to an invCICmeDI poup for c:omtruction 01 a mcclical building; 111d WHEREAS, the tide C0111p1Dy requira paall of eaacment to the City of EnaJewood for a SIOnn sewer 111d water line; and WHEREAS, this area bas an eucment by pmcriplioa, DOI recorded ripla-of-way, wbicb allows the City to maintain the ditch 111d utilitiea but does DOI allow for impovemcm; 111d WHEREAS, the Utilities l>epanmcni is attempCiaa to acquire formal 011cmen11 to allow it to make improvements u neceaary; 111d WHEREAS, the EnaJewoc,d Water and Sews Boan1, • ill May 14 ....... recx,nm-eodod tbaa the City accept the 11mm aeww ,_ and 1M water line w 6om EEF . NOW, TIIEREFORE, BE IT ORDAINED BY ntE crrv COUNCIL OP ntE crrv OF ENGLEWOOD, COLORADO, ntAT: Sectjog I. The City Council of the City ofEapwood, Colorado, banby lplllOVel accepwicc of the formal CIICIDellll for a storm aeww and a Water lillo for JIRIPlllY • South Elati Street and Enalewood Parkway &om The EnaJewooc1 Enviromuoatal Fo'lndatioa, Inc., altacbed hereto as Exhibits A and 8, and incorporated herein by refenmce . Attest : Introduced, read in full , and puaecl OD fin& readina OD the 19* clay of May, 2003 . Published as a Bill for an Ordinance OD the 23,. day of May, 2003 . BnwlyJ ....... ,...,. Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, heRby certify that the foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and paued on fint reading on the 19111 day of May, 2003 . Loucrisbia A. Ellil After recording return to: H. Michael Miller, Esq. Berenbaum Wcinshicnk & Eason, P.C. 370 17" Street, 48" Floor Denver, CO 80202 GRANT OF STORM SEWER EASEMENT TiilS GRANT of a stotm sewer c:iscment (the ''Grant"') is made this 28th day of April, 2003, by THE ENGLEWOOD ENVIRONMENT AL FOUNDATION, INC., a Colorado nonprofi1 corporation. whose address is 1000 Englewood Parkway, Englewood, Colorado 80110 ("Granior"), in favor of 1hc CITY OF ENGLEWOOD, COLORADO, a Home Rule Ciiy exis1ing under and 1hc laws of 1he Staie of Colorado whose address is 1000 Englewood Parkway, Englewood, Colorado 80110 ("'Grantee"'). The panics covenant and agree as follows: 1. Easement Propenv. The ··Eascmen1 Properiy·· shall mean the cwo (2) fifteen (15) foot wide slrips of real property located in the Couniy of Arapahoe, Staie of Colorado. more panicularly described on E;shjbit A, consisiing of two (2) pages. and depicted on Exhjbjt B, consisting of one (1) page. both of which Exhibits are attached hereto and incorporated herein by this reference . ., Consideration. As consideration for this Grant. Grantee has paid Gr:intor the sum of One Dollar (S 1.00) and ocher good and valuable consideration, the receipt of which are hereby acknowledged. 3. Grant of Storm Sewer Easement. Grantor hereby grants and quit claims to Grantee. its successors and assigns, a perpetual, nonexclusive casement (the "Stotm Sewer Easement") over, under, across and through the Easement Pro~ for the purpose of constructing. operating. maintaining , repairing, replacing, removing and enlarging the Stonn Sewer System (as such ter.ns are hereinafter defined). The term "Stonn Sewer System" as used in this Grant shall mean the storm sewer lines and all necessary underground and surface appurtenances thereto necessary or desirable for the tr:msmission of storm water and other water and sewer run-off. including, but not limited to mains, conduits, vaults, ventilaiors, electric or other control systems, cables. wires and connections. -l • • • 4. ~. Grantee shall have the perpetual, nonexclusive right of ingress and egress in. to, over. through and across the Easement Property for any purpose necessary or desirable for the full use and enjoyment of the rights granted to Grantee under this Grant 5. Rcstoratjon. Subject to the restrictions set forth in Paragraph 6 below, Grantee agrees that in the event the Grantee, in exercising its rights under this Grant removes, damages or destroys any of the Easement Property, Grantee at its expense shall restore the surface of the Easement Property as nearly as reasonably possible to the grade and condition it was immediately prior to the entry by Grantee, except as may be necessary to accommodate the Storm Sewer System. Grantee further agrees in the event of such entry, subject to the restrictions set forth in P:uagraph 6 below, to restore and repair any improvements of Grantor on the Easement Property which are damaged by Grantee. 6. No Improvements. Grantor covenants and agrees not to construct. erect, place or plan any "Improvements" as hereinafter defined. on the Easement Property without obtaining the prior written consent of Grantee. "Improvements" as used herein shall mean any structure. building. planting, trees or shrubbery other than a lawn. but shall not include pavement, curb, gutter and wheel stops used for surface pmicjng: Grantor is expressly :authorized to pave over the Easement Property and install curb. gutter, and wheel stops in connection with the use of Grancor's property for surface parking . Grantee shall have the right to remove, without any liability 10 Grantor, any Improvements constructed. erected. placed or planted on the Easement Property without Grantee having obtained the prior written consent of Grantor. 7. Subjqc;nt and laJml Suppon . Grantor covenants and apes that the Grantee shall ha'"e 1he right of subjacent and later.LI support on the Easement Property to whatever extent is necess:uy or desirable for the full. complete and undisturbed use and enjoyment of the rights granted to Grantee under this Grant. S. Rights of Grpntor. Grantor reserves the full right to the undisturbed ownership. use and occupancy of the E:asemcnt Property. including the right to pave and use the Easement Property for surface pmicjng. and install curb, gutter and wheel stops in connection therewith, insofar 35 said ownership , use. and occupancy is consiscent with and does not impair the ripts granted 10 Grancee in this Grant. 9. Covenant Runnjng wjth Jbc Land ; Bjndjng Eff;c;L This Grant shall e.,tend to and be bi nd ing upon the heirs , personal represent:Ui vcs, successors and assips of the respective pan ics hereto . The terms , covenants . agreements and conditions in this Grant shall be construed 35 co ven ants running with the land. . 2. IN WITNESS WHEREOF, die panies lave execwed mis 011111 a of die due first wrinen above. GRANToR: THE ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC, • Colorado IIOllpl'Oth corpondon --- GRANTEE: CITY OF ~'IGLEWOOD, COLORADO ·~ By:8~A J Manapr of Administration Ena)ewood Utilides Depanmem .3. ST A TE OF COLORADO COUNTY OF ARAPAHOE ) ) ss: ) The foregoing iDstrument wu acknowledaed before me tbis ~ day of April, 2003, by Rick Kahm, as President of The Englewood Enviroamcmal Foundation. Inc., a Colorado nonprofit corporation. Wimess my band and official seal. My commission expires:. __ ,(+-'--J.._ ... 1_::0~7 ___________ _ STATE OF COLORADO COUNTY OF ARAPAHOE ) ) ss: ) The foregoing instrmnem was acknowlqed before me tbis 2&-day of April, 2003, by John Bock as Manager of Adminisuation. Englewood Utilities Depanmem of die City of Englewood, Colorado a Home Rule City . Wimess my hand and official seal. My commission expires :. ____ &/ ..... -J~f-· .,..')""'1_....;.... ___________ _ .4. ) 15 FOOT WIDE STORM SEWER EASEMENTS LEGAL DESCRIPTION PARCEL A: A PARCEL OF LA!"ID SITUATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST COR.'i'ER OF LOT l, BLOCK 2, CITY HALL SUBDCVISION; THENCE N89°50'22"W ALONG NORTHERLY LINE OF SAID LOT l, A DISTAi'llCE OF 30.97 FEET TO THE POINT OF BEGINNING; THENCE S47°33'06"'E. A DISTANCE OF 36.59 FEET TO A POINT OF CG "R VATURE; THENCE l5. l 7 FEET ALONG THE ARC OF A Cl.:"R.VE TO THE RIGHT HA YING A RADll:S OF 45 .00 FEET, A CENTRAL A .. 'IIGLE OF l9°24'19", AND WHOSE CHORD BEARS S33°54'40"W A DISTA."\iCE OF l5.li FEET; THENCE N47°33'06"'W, A D!STA .. 'lCE OF 55 .33 FEET TO A POINT ON SAID NORTHERLY LINE OF LOT I; THE:-.ICE S89°50'22''E ALONG SAID NORTHERLY LINE, A DISTA,"\ICE OF 22.29 FEET TO THE POINT OF BEGINNING. PARCEL A CONTAINS 696 SQUARE FEET (0.Q2 ACRES) MORE OR LESS. PARCEL 8: A PARCEL OF L.<\."\11) Sin;ATED IN THE SOL"TH\VEST ONE-QL"ARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SLXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE PA.RTICUlARI. Y DESCRIBED AS FOUOWS: COM,\.IENCING AT THE :-.rORTHEAST COR.NER OF LOT l, BLOCK 2, CITY HALL SUBDCVISION; THENCE N89°50'22"W ALONG NORTiiERL Y LINE OF SAID LOT 1 A DISTANCE OF 65 . l6 FEET TO THE POINT OF BEGINNilliG; THE. CE S ! 5°51 "26 .. W, A DISTANCE OF 59.59 FEET TO A POINT ON THE ;IIORTHERLY RIGHT-OF-WAY LINE OF ENGLEWOOD PARKWAY; THE:-.ICE NS9°50'22"W ALONG SAID ~ORTHERL Y RIGHT-OF-WAY LINE, A DISTA.'IICE OF 15 .58 FEET; THE. CE N l 5'5 l "26"'E. A DISTANCE OF 59 .59 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT l ; THE . CE S89°50'22''E ALONG SAID ~ORHTERL Y LINE OF LOT l, A DISTANCE OF 15.58 FEET TO THE POINT OF BEGDl"NING; PARCEL B CONTAINS 894 SQUARE FEET (0 .02 ACRES) MORE OR LESS. • t •. • • THE BASIS Of BEARINGS IS THE NOR.TH LINE OF SAJD LOT 1, BLOCK 2. CITY HALL SUBDMSION, BEING mgeso·22"W. THE NW CORNER OF LOT 1 IS A PIN cl: CAP PLS #28291, AND THE NE CORNER IS A P1N A CAP LS #28647. Prq,ared by: ILLUSTRATION FOR PARCELA&B PAGE 1 OF 1 N 15·51 ·2s" E 59 .59' N 89"50'22" W 15 .58' . :i!\RCEL A CO NTAINS 696 SQ .FT . (0 .02 ACRES) P~RC EL 8 CONTAI NS 894 SQ .FT . (0.02 ACRES) -,-,1S ::xH1 8 1T DO ES NOT REPRESENT A t.AONUMENTED SURVEY . IT IS INTENDED ONLY TO DEP ICT THE ~riAC,i ED DESCRI PTI ON . STORM SEWER EASEMENT OSOJ004 PARCEL ENGLEWOOD PARKWAY R•45.00' L•15.17' ~-19"24'19" CB•S.3.3"54' 40.V CL•15 .17' After recording return to: H. Michael Miller, Esq. Berenbaum Weinshienk & Eason, P.C. 370 11• Street, 4g• Aoor Denver, CO 80202 GRANT OF WATER LINE EASEMENT nus GR.A!"I/T of a water line easement (the "Grant") is made this 28th day of April, 2003, by THE ENGLEWOOD ENVIRONMENT AL FOUNDATION, lNC., a Colorado nonprofit corporation, whose address is 1000 Englewood Parkway, Englewood, Colorado 80110 ("Grantor''), in favor of the CITY OF ENGLEWOOD. COLORADO. a Home Rule City existing under and the laws of the State of Colorado whose address is 1000 Englewood Parkway, Englewood. Colorado 80110 t"Grantee"). The parties covenant and agree as follows: l. Easement Propenv . The "Easement Propeny" shall mean the fifteen (15) foot wide strip of real propeny located in the County of Arapahoe. Swe of Colorado, more particularly described on E;shjbj[ A. consisting of one ( l) page. and depicted on E;shjbjt 8, consisting of one (1) page. both of which fahibitS are attached hereto and incorporated herein by this reference . ., ConsidcrJtjon. As consideration for this Grant. Gr.mtec has paid Grantor the sum of One Dollar ($ 1.00) and other good and valuable consideration. the receipt of which are hereby acknowledged. 3. Grant of Water Llne Easement Grantor hereby gr.mts and quit claims to Grantee. its successors and assigns. a perpetual. nonexclusive casement (the ·'Water Line Easement") over, under. across and through the Easement Propcny for the purpose of constructing, operating. maintaining , repairing, replacing. removing and enlarging the Lines and Appunenanccs (as such tcnns arc hereinafter defined). The tcnn ''Lines and Appurtenances" as used in this Grant shall mean one or more water pipelines and all neccss:iry underground and surface appurtenances thereto nccess:iry or desirable for the transmission of water . includin&, but not limited to mains, conduits. vaults. ventilators. electric or other control systems. cables. wires and connections. • l ! t B • t • • 4. Access . Grantee shall have the perpetual, nonexclusive right of ingress and egress in. to, over, through and across the Easement Propeny for any purpose necessary or desirable for the full use and enjoyment of the rights granted to Grantee under this Grant. 5. Restoratjon. Subject to the restrictions set fonh in Paragraph 6 below, Grantee agrees that in the event the Grantee, in exercising its rights under this Grant removes, damages or destroys any of the Easement Property. Grantee at its expense shall restore the surface of the Easement Property as nearly as reasonably possible to the grade and condition it was immediately prior to the entry by Grantee, except as may be necessary to accommodate the Lines and Appurtenances. Grantee further agrees in the event of such entry, subject to the restrictions set forth in Paragraph 6 below. to restore and repair any improvements of Grantor on the Easement Property which arc damaged by Grantee. 6. No Jmproveroems. Grantor covenants and agrees not to consttuet. erect. ph1ce or plan any ··Improvements" as hereinafter defined. on the wement Property without obtaining the prior written consent of Gr.mtee . "Improvements·• as used herein shall mean any structure, building. planting, trees or shrubbery other than a lawn. but shall not include pavement. curbs, gutters and wheel stops. used for surface parking: Granter is e:tpress authorized to pave over the Easement Property and install curb. gutter. and wheel stops in connection with the use of Grantor 's property for surface parking. Grantee shall have the right to remove, without any liability to Granter. any Improvements constructed. erected. placed or planted on the Easement Property without Grantee having obtained the prior written consent of Granter. 7. Sybjacent iMJd I..atml Syppon . Granter covenants and agrees thllt the Grantee shall have the right of subjacent and lateral support on the E:asement Property to wh111ever extent is necessary or desirable for the full. complete and undisturbed usc and enjoyment of the rights granted to Grantee under this Grant. 8. Rights of Grantor . Granter reser'"es the full right to the undisturbed ownership. use and occupancy of the Easement Property. including the right to pave and usc the E:asement Property for surfal.:e parking. and install curb. gutter. and wheel stops in connection therewith . insofar as said ownership. use. and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant . 9. Covenant Rynnjng wjth the Land ; Bjndjng Effect. This Grant shall extend to and be bin di ng upon the heirs, personal representat i\"es . suc cessors and assigns of the respective pan ics heret o. The terms . covenants . agreements and conditions in this Grant shall be construed as cov enants running with the land . t • • IN WITNESS WHEREOF. the parties have execuied this Grant as of the dare fust wriaen GRANTOR: THE ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC, a Colondo nonprofit corporation By:r?L& -Riclt Kahm. President GRANTEE: crrY OF ENGLEWOOD, COLORADO a Home Rule City By. ;J (3,.J Jdhn,,Bock, Manager of Administration Englewood Utilities Department .3. STA TE OF COLORADO COUNTY OF ARAPAHOE ) ) sa: ) The foregoing instrument was acknowledged before me this 2S-day of April, 2003, by Rick Kahm, as President of The Englewood Environmental Foundation. Inc., a Colorado nonprofit corporation. Wimess my hand and official seal. My commission expires:._..,(:~-4.:..if~--·J'-1.,__ ______________ _ STATE OF COLORADO COUNTY OF ARAPAHOE ) ) ss: ) Notary " lie~ The fol'egoing instrument was :icknowledgcd before me this 2S-day of April, 2003, by John Bock :is Mlnager of Administration, Englewood Utilities Depanment of the City of Englewood. Colorado a Home Rule City. Witness my hand and official seal. My commission expires:. __ 4..__· ... J .... f..._·•.,r;J1...._ ____________ _ 15 FOOT WJDI WA'QB IMIMINI LEGAL DESCRJPTION A PARCEL OF LAND SITUATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN. crrY 6F ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE PARTICUI.AlU. Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT l, BLOCK 2, CITY HALL SUBDMSION; THENCE Sl99S0'22"E ALONG THE NORTHERLY LINE OF SAID LOT l, A DISTANCE OF S6. 70 FEET TO THE POINT OF BEGINNING; THE.'ICE CONTJNl.iING S89"50'22"E, A DISTANCE OF 15.00 FEET; THENCE S00-00'52"E. A DISTANCE OF 57.37 FEET TO A POINT ON THE sot:nmu. Y LINE OF SAID LOT l. BLOCK 2; THENCE Sl9°50'22"W ALONG SAID SOUTHERLY LINE. A DISTAL'ICE OF 9.SS FEET TO A POINT OF CURVATURE: ~CE S..46 FEET ALONG THE ARC OF A CVR.VE TO THE RIGHT HAVING A RADn:S OF ~7.00 FEET. A CENTRAL ANGLE OF 06:39'21", -~"1) WHOSE CHORD BEARS ~86°30'30"\V, A DISTAJ.'\ICE OF S.46 FEET; THENCE N00°00'52"W, ADIST.Ai.'iCE OF Si.OS FEET TO THE POINT OF BEGL'lNING. PARCEL CONTAINS 860 SQUARE FEET (0.02 ACRES) MORE OR LESS. THE BASIS OF BEARINGS IS THE NORTH LINE OF SAID LOT I, BLOCK 2, CITY HALL SUBDMSION, BEING ~89°50'22'W. THE ~"\V COR.1'lER. OF LOT 1 IS A PIN & CAP PLS 1#28291, AND THE 'NE COR...,."'ER IS A PIN & C.~ LS #28647. ""repared by: Robert B. Taylor, PLS For and on behalf ofR&R Engineers-Surveyors, Inc. 1190 S. Color:ido Blvd., Annex Bldg. Denver, CO 80246 P.O.C. ILLUSTRATION FOR PARCEL PAGE 1 OF 1 LOT 1 BLOCK GIRARD PLACE · SUBDIVISION ,,. ---_,,-- NW CORNER LOT 1 BLOCK 2 CITY HALL SUBDIVISION \ / WEST GIRARD AVENUE .,. S 89"50'22· E P.0.8. s s9·so·22" E \ SOUTH E~A. Tl STREET ..... R•47 .00' L•5.46' ~-os·39·21 ·- CB•N8S'JO'J0"W CL•5 .46' PARCE:L CONTAINS 860 SO .Fi. (0.02 ACRES) Tn1S EXHIBIT DOES NOT RE?RESiNT A MONUM(NlU SURVEY . IT IS INl'ENOEO ONI.Y O O(FIICT TM( AoACHEJ DESC~IPOON . 15.00' LOT 1 BLOCK 2 CITY HALL SUBDIVISION N ~ •50·22• W 9.55' C:NGLEWOOD PARKWAY - Date May 19, 2003 INfflAllDIY COUNCIL COMMUNICATION Agenda Item 10aiii STAffSOUla Subject License Agreement for 4901 S. Lipan Dr. Utilities Department Stewart Fonda, Director of Utilities COUNOL GOAL AND PRMOUS COUNOL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their May 14, 2003 meetlna, recommended Councl approval of the License Agreement to maintain a portion of the City Ditch at 4901 S. Lipan Dr. BACKGROUND, ANALYSIS, AND AlllRNATIVES IDENTIRm Mr. Michael Dryer submitted a License Agreement to cross with an asphalt dm.ew.., and ffllinlllln ,- City's easement along the City Ditch, which Is enclosed. Mr. Dryer's .....,a II ii 4901 S. Upen Dr. The proposed asphalt drive ~ould provide access and parking to his p,qe. Englewood will maintain its easement and the right to install, repair remove o, Nloaila .. Clly Didi ii any time deemed necessary. The License Agreement will allow Mr. Divs ID INIII and llllllnllln 111 ....... surface in the existing ditch easement for improved appearance and to "**·lln n.a•wa and Mfely concerns. The Licensee expressly assumes full and strict liability for any and II darn I of 9W9IY 111111n lo penon or property caused by the point or points where the Licensee performs .., __. In COi& 1 r:f.ar, wllh ,- crossing provided by the Licensee. The City reserves the rlpt to malre .. 1M of,-pnipaty ~ In the operation of the City Ditch. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for Ordinance License Agreement ORDINANCE NO. SERIES OF 2003 BY AUTHORITY AN ORDINANCE APPROVING A TEMPORARY CONSTRUCTION EASEMENT AND LICENSE AGREEMENT BETWEEN MICHAEL DRYER, OF 4901 S. LIPAN DR., AND THE CITY OF ENGLEWOOD, TO INSTALL AND MAINTAIN AN ASPHALT DRIVEWAY ACROSS THE CITY'S EASEMENT ALONG THE CITY DITCH. WHEREAS, Michael Dryer lives at 4901 South Lipan Dr. but has a garage requiring access across the City Ditch easement; and WHEREAS, Mr. Dryer requests a license agreement to install an asphalt driveway across the City's easement along the City Ditch; and WHEREAS, Mr. Dryer would assume full and strict liability for any and all damages of every nature to person or property caused by installation of this driveway; and WHEREAS, the City of Englewood would maintain its easement and its right to install, repair, or relocate the City Ditch at any time deemed necessary; and WHEREAS, the Englewood Water and Sewer Board approved the License Agreement at their May 14, 2003 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1, The City Council of the City of Englewood, Colorado, hereby approves granting Michael Dryer a a Temporary Construction Easement and a License Agreement to cross the City's easement along tho City Ditch to install an asphalt driveway to permit him access to bis garage. Section 2, The Mayor and City Cleric are authorized to sign and attest the Temporary Construction Easement and License Agreement for and on behalf of the City of Englewood, copies of which Agreements are attached hereto as Exhibits A and B. Attest : Introduced, read in full, and passed on fint reading on the 19* day of May, 2003. Published as a Bill for an Ordinance on the 23rd day of May, 2003. Beverly J Bradshaw, Mayor Loucrishia A. Ellis, City Cleric I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19111 day of May, 2003. Loucrishia A. Ellis TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (the Temporary Easement) is entered into this _ day of 2002 by and between the City of Englewood, Colorado, a municipal corporation of the state of Colorado, acting by the through its Wat« and Sewer Board (Grantor) and _________________ _ _________________ (Grantee). WHEREAS, The City of Englewood owns a right-of-way for the City Di:=!:, ;i carrier ditch (City Ditch ROW) which is located as described on Exhibit A. WHEREAS,----------desires to install a ____ _ -----------------within the City Ditch ROW pursuant to a license between the parties. NOW, THEREFORE, In consideration of the mutual covenants of the parties, more particularly hereinafter set forth. the adequacy and sufficiency of which arc hereby acknowledged, it is agreed as follows: I. Temporary Construction Easement. Englewood (as Grantor) hereby grants to (as Grantee), ill successors, assigns, contractors, and sub-contractors, a non-exclusive temporary CODS11'Udion easement through, over, under and across the City Ditch ROW for the installation of a------------____________________ pursuant to a license agreement (the Project). 2. Tenn of Easement. The Project will begin no sooner than and will be completed no later than . Completion of the Project will be deemed to have occurred upon inspection and approval of the Project by Grantor and this Temporary Easement will be deaned to have terminated upon such completion . 3. Access . Grantee shall have the temporary non-exclusive right to enter the City Ditch ROW for any reasonable purpose necessary or prudent for the construction of the Project subject to the following restrictions: l) normal working hours shall be consistent with COOT construction hours, Monday through Friday and 2) the operation of equipment and heavy trucks will be permitted on the Englewood City Ditch ROW only durin& normal workin& hours . • t .. • .. . , . • • 4. Rgtpration. Upon completion oftbe Project, Ormllee will perform such restoration and regradins a is neceaary or prudent ID remxe cbe surface ua of the City Ditch R.OW ID its original condition. S. lpdppnjfication. Grantee, to the mart pcrmiued by the lawa and constitution of the State of Colorado, hereby agiees to be liable and bold harmless the City of Englewood, ill employees, tenants, and pcst1 from any and all claims, C8UICII of action, and liability which may occur • a mult of the negligent or wronsfbl acta of Gnntee in the CODl1nletion of cbe Project, includins cbe cost of def'endins apimt m:b claims. 6. Liabiljty. Grantee hereby aclcnowledp that it w.deallmda tblt there ii water flow in cbe City Ditch 6om April I ID November I of CKb >"*' and tblt it will ISIIIIIIC liability for any damap ID tdJoirrinl property c:auaed by water tlow resulting fiom damage ID the City Ditdl caused by the Grmdec's construction activities. 7. lpsunnce. Grantee shall maintain in tbU force and effect a valid policy of insurance for the Project in the amount of $600,000.00 property coverap and $600,000 .00 liability coverage. Grantee 1unbcr qrees cbat all its employ.s, connctors and sub-contractors wortina on the Project shall be covered by adequatw: Workers Compcnsatwn insunnce. 8. Assignmegt This Temporary Coastnacl:ion Buemeat is upab\e only witb the written permission of Eapwood, wbicb permissioll will not umasoaably wilbbelcl, conditioned or delayed. IN WITNESS WHEREOF, the pllties benlo bavc aecullld thil tewpormy construction Euemcnt on the dale and day fine wriaen above. Sig,ia114n blocks to be illsert«I. • fn snimmc die above audlmmlioa. lbe City rmerws lbe ripl ID maim ftdl me aftbe pmplllJ involved as may be m7 or ccmeuiem: iD die opnliw of die w wam plam 111d sysmm UIJder comrol of die City. rN wrrnESS WHEREOF this Ullll'Umllll Im been mlClllllld as oftbe day aad ,-, ms above wriaen. A'ITEST: CrI'Y OF ENGLEWOOD, City Clerk By _________ _ Mayor APPROVED AS TO FORM: AITEST: City Aaomey City Clerk The undersipd aurhorized officer of ____________ _ has re:Jd the foregoing License and :aa:rees for and oa behalf of said ______ _ -----------rim it will accepl 3Dd will :lbide by all lbe terms and conditions thereat: ATIEST: UCENSEE: ~~ Title Michael P. Dryer By _________ _ Tuie 4901 S. Lipan Dr. Address Englewood, CO 80110 Phone 303-761-7891 3 LICENSE AGREEMENT TillS LICENSE AGREEMENT. made and entered into as of this __ day of __ ___, 20 b by and between the CITY OF ENGLEWOOD. a municipal corporalioa of Colorado, hereinafter referred to as "'City", and-------- herein referred to as .. Licensee". WITNESSETH: The City without any warranty of iu tide or interest wbaaoever, hereby aulborizes Lic:emce, its successor, assigns. to install a wmer line over the City's rigbls-of-way for the City Ditch. descnoed as a parcel of land siruarcd in the Nonhast Quarter of Section 9. Township S South. R:mge 68 West of the Si.'Cth P . .M .• Coumy of Arapahoe, State of Colorado depicted upon the Exluoit .iaached hereto and made a pare hereat: I. Any consttuction contemplated or performed under this License shall comply with and conform to stand:lrds formulated by the Direc:or oflitilities of the City :10d such construction shall be performed :ind completed xcording to the plans 3PProved by the City. 2. The Licensee shall notify the City·s Director ofUtilities :u !e:ist three (J) days prior to the time of commencement of the coru."trUCtion oi or :my repairs made to. Llcemce · s water line so that the City may. in its discretion. inspect such oper.uiom. 3. Within thirty (30) <bys from the d:ue of the: commencement of consa'UCtion of said water line. the Licensee shall complete :;uch construction. place :md !DiUDIIWl pennanem. visible markers. ofa type and at such lootions as desiplled by the City" i Director of Utilities. referring to the centerline of the installation Jnd :shall cle:ir the crossing are:i of :ill constrUCtion debris and rest0re the are:i to its previous condition .JS oe:ir as may be reasonable. In the event the placing ofthc: centerline markers :md the cle:mng 3Dd rest0ration of the crossing 3r'C3 is not completed within the time specified. the City may complete the work at the: sole e:<pense of the license:. 4. 5. The: City shall have the right to mainaiin. install, repair. remove or relocate the City Ditch or ::my other of its facilities or installations within the City's rights-of-way. 3l any time and in such manner as the: City deems necessary or convenient. The City reserves the exclusive right to control all ~ents 3nd installations. The stipulations and conditions of this License shall be incorponarcd imo comract specific:itions if the construction herein 3Uthorized is to be done on il connct basis. • • 6. The rights and privileges granted in this License shall be subject 10 prior apemezm, licenses and/or grants, recorded or umecorded. and it shall be tbc Licensee's sole respoDS1bility 10 detennine the existence of said doc:umam or cootlicting uses or insrallarions. 7. The Licensee shall conract and fully cooperaa with tbc City's persoam1 aad tile comauction shall be compleled without i.mediue..ce wi1h my lawfill. usual or ordinary flow of water tbroup tbc City Ditch. Licensee sbaU assume all risks iDcideat 10 the possil>le presence of such waters, or of storm waters, or of surface Waters in the City Ditch. 8. Ail trenches or holes within the City" s righrs-.Jf-"'11Y shall be backnlled :md tamped ro the original ground line ia layers not ro .:xcced si.x ( 6) inches loose me::asure ::o a compaction of ninety pe:c:nt (~'•) Sumdtud Proctor M:i.'timum Density. 9. Licensee shall indemnify :md save hannless the City. irs officc:rs 3Dd c:mployees_ apiDst any and :ill claims. damages. actions or c:wses of xtioa :md expenses to which it or they may be subjected by re:1SOn of said water line beina witbia and across and under the premises of the City or by re:ison of any work done or by omission made by Licensee. its agents or employees. in connection with the construction. replacemmt maiaremmce or repair of said ias\fillatioa. Licensee.. for :i period of one ( 1) year beplmiaa Oil -----· W _. wamms ro the: City that the warer line will be tree from defec-..s ia maierials and will be tree from defecu in the iastallation oftbe Waler line into the City Ditch right-.1f-way . 10 . [tis expressly qreed that in c:ise ofLicensee"s bre:x:h of my oftbc within pronmes. the City may . 3t its option. have specific pertormance thereof. IX' sue for damages resu1tiJ21 from such brc:lch. 11. Upon abandonment of :my right or privilege bemn ifUDled. the ripr of Licensee 10 tbai extea1 shall terminate.. but its oblipr:ion 10 indemnify ml saw lmm1ess tbc City. i1s officers and employees. shall not tenninare in :my event. 2 • • m Pmllml tbe above •••irerion. rbe Chy NIIMI tbe dpt to 11111m fbD ia of the property iuvo1wd army be iaiC Is I ry or cww...iem: in tbe openlicNa oftbe,.... WIDlb plat al syam UDder c:aaarol of the C11y. IN WITNESS WHEREOF this UIIIIWW ba been mi:uled a of the day IDll ,-.&st above wriam. ATI'EST: crrY OF ENGLEWOOD. By _____ , ___ _ City Clerk Mayor APPROVED AS TO FOR.\i: ATI'EST: City Auomcy The undmipedllllboriZIIIClofficerof ___________ _ bas read the forepina Liceme and apees for and cwa bellalf of Slid_~~~--- -----------• it will lCClpl .. will aide by all cbe lmlll aad conditions thereof. ATTEST : Tide l • Date May 19, 2003 ,,. COUNCIL COMMUNICATION Apndaltem 10 a iv STAFFSOURQ SUbied License Agreement for 3594 S. Bannock St INfflATEDBY Utilities Department Stewart Fonda, Director of Utilities COUNCIL GOAL AND PIMOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their May 14, 2003 meetin& recommended Council approval by Ordinance of the License Agreement to install a gate across the City Ditch at 3594 S. Bannock St BACKGROUND, ANALYSIS, AND ALTEINATIVES IDENTIRED Ms. Colleen Burke submitted a License Agreement for crossing the City Ditch with a gate at 3594 S. Bannock St to define the limits of her maintenance responsibility. In the near future Ms. BUib and her adjacent neighbor, Judy Harris, will be both applying for maintenance qreements on the City Ditch property behind their homes. Englewood will maintain the use of their easement and the riaht to install, repair remove or relocate the City Ditch at any time deemed necessary. The License Agreement wil alow Ms. Bwtce to install and maintain a gate in the existing ditch easement for Improved appearance and to minimize mainlllnance and safety concerns. The Licensee expressly assume5 full and strict liability b any and al damqes of every nature to person or property caused by the point Of points where the Licensee performs any work in comedlon with the crossins provided by the Licensee. The City reserves the right to make ful use of the property necessary in the operation of the City Ditch. FINANCIAL IMPACT None. UST OF ATTACHMENTS License Agreement Bill for Ordinance ORDINANCE NO . SERIES OF 2003 BY AUTHORITY ., 911.LNO.JI INTRODUCED BY COUNCIL MEMBER AN ORDINANCE APPROVING A LICENSE AGREEMENT FOR CROSSING THE CITY DITCH WITH A GA TE AT 3594 S. BANNOCK STREET TO DEFINE THE LIMITS OF PROPERTY OWNERS' MAINTENANCE RESPONSmILITY, FOR IMPROVED APPEARANCE, AND FOR SAFETY CONCERNS. WHEREAS, Colleen Burke, of 3594 S. Bannoclt Street, submitted a Liceme Agreement for crossing the City Ditch with a gate to define the limits of her maintenance responsibility at the City Ditch , to improve the appearance, and for safety concerns; and WHEREAS, the City of Englewood would maintain the use of its easement and the right to install, repair, remove or relocate the City Ditch at any time deemed necessary; and WHEREAS, the Licemee expressly assumes full and strict liability for any and aH damages to person or property caused by any work performed in installiog the gate; and WHEREAS, the Englewood Water and Sewer Board recommended Council approval of the License Agreement allowing property owner Burke to build a pte across the City Ditch at their May 14, 2003 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I . The City Council of the City of Eqlewood, Colorado, hereby approves the License Agreement allowing property owners at 3S94 S. Baonock Street to imtaU a gate acrou City Ditch with the City reserving the ript to make full use of the property noceauy in the operation of the City Ditch, a copy of said Liceme Apeement is attached --u Exhibit A. Section 2. The Director ofUtilitia and Cbairmao oftbe Water and Sewer Board are authorized to sign said License Agreement for and on behalf of the City of Eqlewood. Anest : Introduced, read in full , and puscd on tint reading on the 1,,. day of May, 2003 . Published as a Bill for an Ordinance on the 23• day of May, 2003 . Beverly J. Bnldsbaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City ofEqlewood, hereby certify dlll the forqoin& is a true copy or a Bill for an Ordinance, inlroduced. read in fWI, and pmed on tint reading on the 19• day ofMay, 2003 . Louailhia A. Ellis CITY DITCH FENCE CROSSING LICENSE AGREEMENT THIS AGREEMENT, made and entered into as of this __ day of ____ _, 2003, by and between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, herein referred to as "Englewood", and Patrick R. Bwtc and Colleen Burke, owners of Lots 26 and 27, Block 6, Skcrritt's Addition, Third Filing, Arapahoe County, State of Colorado. whose address is 3S94 S . Bannock Street, Englewood, Colorado 80110, bcrcin referred to as 0 Licensce". WHEREAS, Englewood, without any warranty of its title or interest whatsoever, hereby approves a fence that is planned for construction over the City's right-of-way for the City Ditch, described on attached Exhibit A, consisting of one (I) pqe, and made a pan hereof by reference [Licensee to provide Exhibit A drawing], under the following terms and conditions: I . Englewood shall have the right to maintain, inllall, repair, remove or relocate the City ditch or any other of its facilities or inllallations within Englewood's right- of-way at any time and in such manner u the City deans necessary or convenient. Englewood reserves the ncllllive ript to control all cucments and installations. In the event the fence sbould inlerfere with any future IIIC of Englewood's right-of-way by the City, Lic:emee lhall, upon request and at its sole expense, relocate, rearranp, or remove ill fence so as noc to inlcrfere with any such use . 2. Any repair or replacement of any Eqlewood imlallariont made nec:euary, in the opinion of Englcwoocrs Director ofUtilities bec8UIC of the COllllnlc1ioo of the fence or other appurtenant installatioa tbcreo(, lball be made at the sole expense of Liccnscc. 3. The rigilts and privileps panted in this Liccme sball be subject to prior qrcanents, licenses and/or arants. recorded or unrecorded, and it shall be the Licensee · s sole responsibility to delermine the cxilrfflce of said documents or conflicting uses or inslallations. 4 . Licensee assumes all responsibility ofmaiatcmDcc of the fence . S. It is exprnsly agreed that in cu: of Lic:emee's breach of the within promises, Englewood may , at its option. have speci6c perfonnw:e thereof. or -for damages resulting &om such breach . 6 . Upon abandonment of any rigllt or privilqe baeiD paaecl. the ript of Licemee to that extent shall tcnninatc. • ' .. • • 7. In granting the above authorization, £nalewood reserves t.e right to make full 111e of the property involved as may be necessary or convenient in die operation of the water and iniption ditch and system under die coalrOl of die City. IN WITNESS WHEREOF, this instrument bas been executed as ofdle day and year first above written. LICENSEE : Patrick R. Burke Colleen Burke LICENSOR CITY Of ENGLEWOOD APPROVED : By __________ _ Stewart Fonda. Direc:lllr CITY Of ENGLEWOOD acting tbrouah and by its Water and Sewer Board By __________ _ Englewood City Ditch [South Bannock Street] .... Ii.a --..... .. -~·· ... J '-·- Jefferaon Ave . 1:400 -.......... _.._ -T¥OCBI ...._ _,__,c-... . ....,.....,..., .......... COUNCIL COMMUNICATION March 19, 2003 10av STAffsouaCE Subfect City Ditch License As,eements with Ciranshady, LLC INmATEDIY Utilities Department Stewart Fonda, Dlrec:tor of Utilities COUNCIL GOAL AND PIMOUS COUNOL ACTION None RECOMMENDED AC1ION The Englewood Water and Sewer Board recommended Council approval of the License As,eement at their May 14, 2003 meeting to Ciranshady, LLC. IACICGROUND, ANALYSIS, AND ALTRNATIVES IDEN11FIED Ciranshady,LLC submitted a City Ditch License ~t for croulns the City Dilch at Santa Fe and Blakeland with a 12" Denver water main. This crouinS wl provide a looped ~ systam to a 4-1 /2 acre parcel that will be developed into retail/commerdal space. The Denver w.., main wll run paralel to Englewood's Crty Ditch easement on the property owned bv lhe Colpa of EflllnNn and the Colorado State Park System and cross Enalewood'• ditch at Santa Fe. Englewood's City Attorney and the Utilities En!Jineer have reviewed and approved the City Dilch License Agreement RNANCIAL IMPACT None. UST Of ATTACHMENTS Ordinance City Ditch License Agreement ORDINANCE NO. SERIES OF 2003 BY AUTHORITY ctb llY COUNCll. MEMBER~~~~~- ~ AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND GRANSHADY, LLC FOR INSTALLING A 12" WATER MAIN FROM DENVER AT SANT A FE AND BLAICELAND RUNNING PARALLEL TO ENGLEWOOD'S CITY DITCH EASEMENT AND CROSSING ENGLEWOOD'S CITY DITCH AT SANT A FE. WHEREAS, Gransbady, LLC desires to croa tbe City Ditch at Santa Fe and Blakclaad with a 12" water main from Denver; and WHEREAS, this water main will provide a looped water system to a 4-1/2 acres parcel that will be developed into retail/commercial space; and WHEREAS, tbe Denver water main will nm panllel to Eqlewood's City Ditch easement on property owned by tbe Corps ofEnpieen and tbe Colorado State Park System llld cross Englewood's City Ditch at Santa Fe; and WHEREAS, tbe Englewood Water and Sewer Board n:commenced approval of tbe License Agreement at their May 14, 2003 metiq. NOW, THEREFORE, BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, ~T: Section l, 1be City Council of Ena(ewood . Colorado, hereby appn>ves tbe Liceme Agreement between tbe City of En&(ewood, Colorado, llld Grambady, LLC for imcallma a 12" water main from Denver at Santa Fe and Blakcland. Section 2, The Director ofUtilities and Chairman oftbe Eq1ewood w,,. and Sew Board are authorized to sign said License Apeemml for llld oa behalf of tbe City of Enpwood, Colorado . Attest : Introduced, read in full and puaed on first readina on tbe 1~ day of May, 2003 . Published as a Bill for an Ordinance on tbe 23"" day of May, 2003 . Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk"for tbe City ofEqlewood, Colorado, hereby certify tblt the above and foregoing is a true copy of a Bill for an Ordinance, inttoduced, read in fWI aad passed on first reading on tbe 19• day of May, 2003. Louc:risbia A. Ellis LICENSE AGREEMENT THIS LICENSE AGREEMENT. made and entered in1o as of this --- _day of 20_ by and between the CITY OF ENGLE'hOOO, a municipal corporation of Colorado, hereinafter referred to as -City", and Gtanshldy. ~ herein ref9mld to as ·ucensee·. WTTNFSSETH: The City without any warranty of its title or lntlnst whatsoever. hlr-.:,y authorizes Licensee. its suc:cesaor, auigns, lo install a •#ltlr line over the Cltya rights-of-way for the City Ditch, described as a parcel of land situated in '.he Ngrp,wt Qyarter gf Sectjgn 6, Township 8 South, Range 88 Wpt qf the 3t<th f.M., County of Douglas, State of Colorado depicted upon the Exhibit attached hereto and made a part hereof. 1. Any constnlction contemptatld or performed under this License shaU ,:omply with and conform to standards l'ormulated by the DirecfDr of ~ities of the City and such constn.lction shall be performeo and completac a.:cor:ing tc the plans approved by the City. 2. The Licensee shall notify the City's Director of Utilities at least three (3) days prior to the time of commencement of the :onstn.lction of. or an:1 repairs made to, Licensee 's water line so that the City may . in ils discrtton ;nsp.c:: such operations. 3. Within thirty (30) days from the date of the commencement ot const:udion of said water line, the Licensee shall complete such construdlcn. place and maintain permanent. visible markers. of a type and at IUCh !ocadona 11 designatad by the City 's Director of Utilities, referring to the cen:arlir.e of the installation and shall cl•• the crosu,g area of all conatnldion debris Jnd restore the area ID its previous condition as near as may be .-..uo ,iab .e. Ir. the event the placing of the cenbtrtlne rnarbrs and the clen,g and restoration of the crossing aru ii not completad within the Mme specilled, the City may complete the WOt1< at the sole txpense of the llclnse!t. 4 . The City shall have the right lo maintu,, install. repair. l'9ffllM 'Jr relocata the City Ditch or any other of ill facilties or installations within 118 Cit) .. , rights-of-way , at any lime and in sudl manner II the City dNml oeeNUtY or convenient The City reserws the exclusive right to conlnll all easements and instaUations . 5. The stipulations and conditions of this Licenae shall !>e in~ Ir.lo contract specifications if the construction herein authoriad ia ID be done ~ a contrad basis. 8. The rights and privileges grantad in lhia Ween• shall be IUCject to prior agreements .. icenw and/or grants, rwc:atded or untlCOlded, and it 1h11 be the Licensee 's sote ,-ponsabtlily to det9mline lhe uilllncl d said documenll or conftidlng USN or ir!slalliol11. • • AP~. 2S. 2003 4:20PM GALLOWAY ~amc ·w. L332 ?. 7/iO 7. The Ucenw shall conlact and fuly cooperaa wilt lhe Cly's personr.el and the canltludion shall be ~1111d wlhout lnlilrfwwa wiltl ..., lawful, uaual or Ol'dlnary flow of Wltar tlWaugn the Cly Dillch. LiclnlN lhall lllUl'll8 11 r111cs incident to the poaible pnmnc:e of such wars. « of IIDrm wan. or of uface wars in lie City Dlch. 8. M trwnct.. or holes within lhe City's righm-of-wav shal be bacldled 1nd tamped 1D the original ground line In layers not to a:aed lix (8) inchel loate w lo • campacllon of nnty pen:ant (90%) Slllldard ProclDr Maximum Density. 9. UcanNe shall indemnify and save ha'mllll the Cly. ill off'.c:M and empoyw. against any and all claims, damagll. adlDl'II « cau-rl action and expenaea to which it or 1lley may be subflc*I by w, of said ,vaw line being within and acroa and under the IAfflil• cl lie Cly « by reaon of llt'/ 'MXk done or by omission made by l.ic:enMe. ill agent:I or emp6oyees. in connec:tion wilh the consuuction. iwplacAmlnt maintllnanca or ,wpail' of said instdatton. LicanaN. for a period of one (1) year :.ginning on ______ 20_. warrants IO the City thar lie water line •Nill :,e free flOm defects in materials and will be frH from defects i., ~e instailatlon oflhe water line into the City Ditch right-of-way . 1 o. It ii upressly agrNd 1hat in cae of Uc:enaN's brNch of 1/tY cl the within promiw, the City may, at II opllon, havrapeclllc pertom•a lleraaf. or .,. fer damages resulting flOm such tnach. 11. Upon abandol iment of llt'/ right or privilege herein grantad, U. ngtr.: of Ucenw to that extent shall tanninall. but ill ~an lo ildelftlf'J and save harmless the City, ill offlcers and 8ITiployw. shll nat "'"*--In ..., ft9l'lt. In granting the above authoriz:atiol,, the City 1WMe 118 f91l ID nae ful ua of the property irMJMd as may be rmry or conwuient in 1w ope1ation of the water works plant and syatem under contra al .. Cly. IN WITNESS WHEREOF lhia inaln.lment ta been execuad • al the day and year mt above written. AITEST: CITY OF ENGLEWOOD, By ______ _ City Cletk ,_,.. APPROVED AS TO FORM: ATTEST: City Attorney The undersigned authorind offlcet af, _____ ....,,.......,..,......- has reed lhe for9going License and agre91 lbr and on_,., al said __ _ ----------------ltwl accept and will abide by all the tanns and conditiona thereof. LICENSEE: ATTEST : J..;, S4t C:4:K-4!&.. GALLOWAY ~OMERO THAT PART OF THE NW 1/4 OF SECTION 5, T.8S., R.68W., OF THE 8°™ P.M., DOUGLAS COUNTY, COLORADO BEING A STRIP OF LAND 50.00 FEET IN WIDTH LYING 25.00 FEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE NW CORNER OF SAID NW 1/4; THENCE S01-25'44"W, ALONG THE WEST LINE OF SAID NW 1/4, A DISTANCE OF 1290.32 FEET; THENCE S55-22'05"E A DISTANCE OF 11.10 FEET TO THE NORTI-NIESTERL Y LINE OF AN APPARENT 50 FEET WIDE EASEMENT AND THE POINT OF BEGINNING; THENCE CONTINUING S55-22'05"E A DISTANCE OF 54.47 FEET TO A POINT ON THE SOUTHEASTERLY EDGE OF SAID APPARENT EASEMENT ANO THE POINT OF TERMINUS. THE AFFECTED AREA OF THE EASEMENT CONTAINS 2,605 SQUARE FEET (0.0598 ACRES). THE IIENtlNGS USED IN THI! A80IIE L.&<W. DE9CRP1'DI NIE BASED UPON "11E ASSUMP'!ION THAT THI WOT LINE Of' SAID PM 114 Of' SECTION 5 IIIMI 901"29'...-W AS~ AND IOUNDl!D ON THI! NORTH 8Y A 3" COLORADO DIPA11'118ff Of TMNIPQRTA T10N AUJIINUM CAI' ANO ON THE SOUTH BY A 3%" IIUAIAU OF I.NI> llll'WGEMIHT IRAl8 CAI'. DATE PREPARED : APRIL 24 . 2003 DATE Of' LAST REV1810N: MAY 1. 2003 PREPARED IIY: CHAALES IIECICSTROM, PU NO. 33202 FOR NfO ON aew.F Of ENGINEERING SERVICE CCIW'AHV 1300 90UTH POTOIMC S'TNET, 9UITE 121 AURORA. COI.OIW>O 80012 PHONE: 303-337-1383 EXHIBIT I t-, ~ ..,.,.,,...., ,' I ', ...,. I ' ' ' OOUGlAS COUNTY I '"-/ Date May 19, 2003 INmATEDBY Utilltles Department COUNOL COMMUNICATION Agenda Item 10 a vi Subiect Construction Easement & Water Drainage Easement for the Hlghllne Canal Trail at Mclellan Reservoir STAFF SOURCE Stewart Fonda, Director of Utlltles COUNCIL GOAL AND PIMOUS COUNCIL ACTION None RECOMMENDED ACTION The Englewood Water and Sewer Board, at their May 14, 2003 meeting. recommended Council approval by Ordinance of the Grant of Construction Easement and Intergovernmental Agreement for Water Drainage Easement of the City of Englewood Property Into the Mclellan Reservoir. BACkGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Littleton has submitted a Grant of Construction Easement and Intergovernmental Agreement for Water Drainage Easement for the Hlghllne Canal and Trail Crossing at County Line Road. This wll enable construction of a hike/bike trail that will cross underneath County Line Road and continue on the Hlghlne Canal Trail. This is a serious safety concern beause hikers and bikers currently croa the busy County Une Road. Construction of the drainage hne will allow removal of seepqe from the Hlghlne Canal beneath the proposed trail to be discharged into the Mclellan Rnervolr. A restrlctor plate will be lnstaled In the drainqe pipe to minimize the amount of flows that would•be allowed to enter the Mclellan Res.vol,. The apeernent requires the City of Littleton to monitor discharge flows for quality concerns. If discharge limits are e,cceeded, a CNN and desist order would be issued, as per the agreement This drainage line Is to be used solely for removing seepage from beneath the newly constructed trail at the Hlghline Canal, and not to be used as a storm water discharge point Disturbed areas will be reseeded with a dry land pasture seed mix. The Highline Canal Trail project is to be continued on the south side of County Une Road and wll be submitted to the Englewood/ Mclellan Foundation for approval. Englewood's City Attorney has reviewed and approved the proposed easements. FINANCIAL IMPACT The existing barbed wire fence will be removed and Englewood wtU be compensated on a cost1)81'-lnear.foot basis. An 8' chain line fence will be :nstaHed after construction by an Englewood Utilities contractor. LIST OF ATTACHMENTS Ordinance Grant of Construction Easement Intergovernmental Agreement for Water Dr.inage E..nent of City of Enatewoc,d Property and lnlo the Mclellan Reservoir ORDINANCE NO. SERIES OF 2003 BY AUnIORITY ........ . 1111.L 'NO. 41 INTRODUCED BY COUNCIL MEMBER~~~~~ AN ORDINANCE APPROVING A GRANT OF CONSTRUCl10N EASEMENT AND AN INTEROOVERNMENT AL AGREEMENT BETWEEN THE CITY OF LITTLETON, COLORADO, AND THE CITY OF ENGLEWOOD, COLORADO, CONCERNING WATER DRAINAGE EASEMENT FOR THE HIGHLINE CANAL AND TRAIL CROSSING AT COUNTY LINE ROAD. WHEREAS, Littleton desires to construct a hike/bike trail that will cross llllderncath County Line Road that will continue on w" Highlinc Canal Trail for the aafety of hikers and bikers currently crossing the busy County Linc Road; and WHEREAS, the Grant ofConstnu:tion Easement and Intergovernmental Agrccmcnt for Water Drainage Easement for the Trail Crossing will enable Littleton to conatruct said bike/bike trail; and WHEREAS, construction of the drainage line will allow seepage from the Highlinc Canal to be discharged into McLellan Reservoir; and WHEREAS, disturbed areas will be reseeded and diacbarge limits will be monitored. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of F.nglewood, Colorado, hereby approves the Grant of Construction Easement and the lntcrpvcnmlCDtll Apcmcnt between the City of Littleton, Colorado, and the City of Englewood, Colorado, copies of which are anacbed hereto marked Exhibit A and Exhibit 8. Section 2. The Director of Utilities is authorized to sign said agreement for and oo behalf of the City of Englewood, Colorado. Attest : Introduced, read in full, and passed on first reading oo the I 'I° day of May , 2003 . Published as a Bill for an Ordinance on the 23N day of May, 2003 . Loucrishia A. Ellis , City Clerk • • I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a till for an Ordinance, introduced, read in full, and passed on first reading on the 19• day of May, 2003. Loucrishia A. Ellis GRANT OF CONSTRUcnON EASEMENT THIS AGREEMENT is made this __ day of June , 2003, by City of Englewood, Colorado, of 1000 Englewood Parkway, Englewood, Colorado 80110, Grantor, and the City of Littleton, Colorado (Littleton), whose address is 2255 West Berry Ave ., Littleton, Colorado 80165, Grantee. WHEREAS , Littleton desires to construct improvements to the north side of County Linc Road in accordance with the improvements in the Highlinc Canal Trail crossing. NOW, THEREFORE, the parties covenant and agree as follows: 1. Littleton will install a drainage structure on Littleton property as shown on the attached Exhibit A (hereinafter Project) beginning June, 2003, with construction to be completed no later than February of 2004 . 2. City of Englewood agrees to permit Littleton, in conjunction with the construction and installation, to store cquipmcnt and fill din on a site as indicated on the attached map . Littleton agrees to erect a temporary security fence around the storage site and maintain adequate security for the site at all times. Littleton further agrees to comply with all state and federal statutes and regulations regarding the handling, storage, and clean up of any hazardous materials used by Littleton, its employees, agents and assigns in conjunction with the Project. The location of the construction casement is depicted upon Exhibit A. 3. This Agreement shall expire on February 29, 2004. 4. Littleton shall have the temporary nonexclusive ri&lit to enter the property for any reasonable purpose necessary for the construction of the Project subject to the followina restrictions : I) normal working hours shall be from 8:00 a.m. until 4:00 p.m.; 2) the operation of equipment and heavy trucks will be permitted on the property only durin& normal worltina hours ; 3) Littleton will comply with all City of Englewood requirements rcaardina cmcraency access to the property. 5. Littleton will do what is necessary to restore the property to its oriainaJ condition including but not limited to regrading and reseeding the property . The restoration is to be completed by the expiration date of this Grant. 6. Littleton will provide security for the site at all times. In addition, Littleton will endea vor 10 keep the site in a visually acceptable manner durina the term of this Aareement. and Littleton will maintain adequate du st control , either by replarly sprayina exposed soil with water or by other acceptable methods . 7. Littleton agrees to be liable for any and all claims, causes of action, and liability whi ch may occur as a result of the actions of Littleton, includina the cost of dcfendina apinst such claims . 8. Littleton shall ma intain in full force and effect a valid policy of inlunnce for tbe Project in the amount of $600 ,000 property covera11c and $600,000 liability covenp. LittlecoG i > • • further aarecs that all Littleton employees, contractors 111d sub-contractors woddna on the Project shall be covered by adequare Workers Compenmon Imunnce. 9. In the event that Littleton shall abaadan the ripas pmted to it berewader u to any portion of tbe Euemeat Property affected tlweby, all ript, tide and iaterest of tbe City of Littleton a to such portion shall c:eae and lmminlle; and Onarar shall bold mch ponioll of tbe Property, • the ume may then be, he from the rip11 of the City of Lildemo so 1badaaed and shall own Ill tbe facilitia 111d otlier improvemen11 so lbadoaed. Failure to 111e any portion of the Euement Property for I period of two yean or more shall comtitute evidence of abllldoameat of such portion. 10. Tbit Grant of Eucmem shall ex1IIDd to 111d be biadiDa upon die succ:euon 111d auipa of the rapective parties bento. The lmml, c:ovw, apeemem and conditiom in dlil Grant ofEuemem sblll be COllllrUed U COVMWlll 1111111iq wida the land. IN WITNESS WHEREOF, tbe Parties hereto have aecuted dlil Ormt of COllllnlctioa Easement on the dale first above written. GRANTOR: CITY OF ENGLEWOOD, COLORADO By---,--...,,.,,.-=,---,----- Strnrt H. Fcmda Director ofUtililia A. Gray C1art, Cbainllln Water and Sewer Board GRANTEE CITY OF UTn.ETON, COLORADO By ________ _ I ~-~:•:•:•:•~1;;;;~1 :·:::~;~;;:-:::·~~~~~! ::~I i.:j•: .. =-:~ .. -----+1·--a--0t-~-·-1--1I IXIIIBff A ____ _,,,, ------------- \.. T 4 ... , .... gl: - FP1SBUltO HOLT A. ULLEVJO ----~---.---··" HIGHUNE CANAL • TIWI. CROSSING AT COUNTY LINE Rew> 1EMPORARY CONSTRUC1ION EASBEN1'S DOUGLAS COUNTY • t • • INTERGOVEIUilMENTAL AGREEMENT FOR WATER DRAINAGE EASEMENT ON CITY OF ENGLEWOOD PROPERTY AND INTO THE McLELLAN RESERVOIR TiflS AGREEMENT is made this __ day of June, 2003, by City of Eq1ewoocl, Colorado, of 1000 Enalewood Parkway, Enatewood, Colondo 80110, (Enalewood), and the City ofLinleton, Colorado, whose address is 2255 West Deny Ave., Littleton, Colorado 80165, (Linleton). WHEREAS, Littleton desires to c:omcruct a trail ClOl!inl at County Line llold u a pan of the Higbline Canal Trail lmprovemems; and WHEREAS, this crouin1, as daiped by Felsbura, Holt cl Ullevi1 and shown oa the construction plans for the "Hiplinc Canal ad Trail Crossin& It County Line Road" dated September 16, 2002, a copy of which is available It the Eqlewood Utilities Depanmmt. lbows approximately 600 feet of drainaae pipe u a pan of this project; and WHEREAS, this drainaae will flow into the Mclellan Reservoir which is a drinJtina water source for the City of Enalewood; and WHEREAS, the drainap m,m this project is apeclld to be minimal md to poM liltle danaer to the quality of the wuer coaraiaed ill the McLelllll Raavoir. THEREFORE, in c:onsidenlioa of die mutual covw md conditiom CNMained bcrein, the panics apec as follows : I. EnaJewood pants IIIIIO Litdelaa, a draiDap n:rn t:111, cMICribed blniD. 2. Littleton shall COll?lnlCt a ...... drlia for tbis abo~ project. wlaicb shall be on Littleton's propeny with the outflow draiaap OllflO the prapany ofEqlewaocl. 3. The drainqe system shall be cOllllnlCtld u shown OD the project drawmp and specific:itions u described above and specifically u shown on Ellhibit A. comi:tina of two pages , anached hereto and incorporated herein by reference . 4 . Linleton apecs that the above-dacribed drainaae SystllD sball DOt be m.1arpd. added to any other drainaae system. nor inco,ponred into any ocbcr type of dramaae or disdlarp system . S. Littletoa shall noc nor shall it pamit •Y ocbcr pmoa or lllli1y to diaclllrJe illlo this dr:iina11e sy stem any pollutina maaeri&I or my other W'ial wbidl is DOC COGIil DNd aliNly of stormwater or natural drainaae. 6. Littleton shall comply with all applicable laws, orf •· nllll ad NplMiw of an y 11ovmunental authority reprdiq enVll'Ollllllllla or WIW quality ...... ad re11ul111ons . t • • 7. Should Englewood find and declare that any discbarp from the subject system is a danger to the water in Mclellan Reservoir, it sball notify Littleton to immedilrely take measures to correct the danger at Littleton's aole cost. 8. Failure to conect such discbarp described in paragraph 7 lbove sball be cause Englewood to terminate this easement and deny funber access or drainage onto Enalewood property. 9. Littleton shall remove Eqlewood's exillina fence as shown on the plau for the Highline Canal and Trail Crossing at County Line Road and sball reimbune Eqlewood at the replacement cost. 10. In the event that Littletoa shall abandon the ripts plllled to is hereunder as to any portion of the Easement Property affected thereby, all ript, tide and interest ofLittletoo as to such portion shall cease and lenDinat&; and Eqlewood sball bold such portion of the Property, as the same may then be, free from the ripts of Littletoa so abandoned and sball own all the facilities and other improvements ao abandoned. Failure to use any portion of the Easement Property for a period of two years or more sball constitute evidence of llrmdomnenl of such portion. 11 . This Grant of Euement shall extend to and be bindina upon the succeaon ad assip of the respective parties bcmo. 1be tcnDI, coveunts, lpeemmll llld coaditiolll in this Grant of Easement shall be construed u covenants nmaina with the land. 12. Littleton aarees 10 be lilble for aay 111d all claims, c:aU1e1 or IClion, IDd lilbility which may occur as a result of the ICticm of Littlelon, includiaa tbe COil of def £-. .... such claims. IN WJTNESS WHEREOF, thia Jnteraovermnena A,reemmt bu bccll 1iped tbe day and year tint above written. GRANTOR : GRANTEE CITY OF ENGLEWOOD, COLORADO CITY OF LrrTLETON, COLORADO By ~~~~~~~~~~~ Stewan H. Fooda, Director of Utilities 1--c=:l :.. ~ -c::::J Pl ~ UUIVIO Page 1 otl --~1-1 Cl Dl-0,7 -I I ..... CNW. • 111M. CIIOSSINQ AT COUNTY LIC DD ~DUMS DOUGLAS COUNTY EXHIBIT B -------==========::::;1;;;;1 •=_:=:.,,;:l=--::;:r=I =::_:=:_:=n... Page' 2 o,n 1-_ c:::::::J :.. ~ _ c:::::::::J _ _ _ _ _ a 01-417 _ _ ! ~ • T 111111&11 ..... Pl ~ UWVJO ••se.m- _ .. ___ _ ------ §I I -11 tlCKJNE CAM. a 1ML CROSSING AT COUffl LINE DD 1DIIOltM't CONSIIIJCIIDN DSfHFNl'S DOUGLAS COUNTY .t • • . ' ... • -1' -· .. .. . !! ~ I- i < 0 ..., ,;. • 0 .., ~ -..., 0 t ~ .,; 0 ~ ~ • "' N i I. "' • • ~ ~ BY AUTHORITY OIDDIANCE NO ._•_ SERIES OF 2003 COUNCILBILLN0.18 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE ACCEPTING DEDICATION OF THE RIGHT-OF-W Y FOR PART OF THE 2100 BLOCK OF CASPIAN, FROM THE REAL PROPERTY AT 2133 WEST WESLEY AVENUE. WHEREAS, the City of Englewood and Arapahoe Community College A VS Career and Technical School became involved in a two-year Comprehensive Building Trades program for high school students and adults to have a "hands-on" experience in building a home from the ground up throughout the school year ; and WHEREAS , the City acted as developer by providing construction funds from the Housing Rehabilitation Fund and a site contractor was hired to coordinate the day-to-day building activities with the A VS instructor and students; and WHEREAS , the house was built at 2133 West Wesley Avenue per Ordinance No . 25, Series of 2002 , with the proceeds of any sale to be returned to the Housing Rehabilitation Fund; and WHEREAS, the house at 2133 West Wesley is nearing completion and ready for sale by May , 2003, bui the Caspian right-of-way must be dedicated prior to that sale for future development of Caspian . NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : ~-City Council hereby accepcs the dedication of the ri&lit-o~y for a pan of the 2100 Block of Caspian. which property is legally described on attached Exhibit A. Aunt: Introduced, read in full , and passed oo fint reading on the~ day of May , 2003 . Pub lished as a Bill fo r an Ordinance oo the 9*' day of May, 2003 . Read by ti tl e and passed on final readin11 oo the 19*' day of May, 2003 . Pu blished by title as Ordinance No. __ , Series of 2003, on the 23 111 day of May , 2003 . BevertyJ.Bndshaw,Mayor Loucnshia A. Eilts, City Clerk I, Loucrisbia A. Ellis, City Clerk for the City of Englewood, Colorado, baeby certify that the above and foregoing is a true copy of the OrdiMncc passed on final reading 111d published by tide as Ordinance No.___, Series of 2003 . Loucrisbia A. Ellis <lltl>INANC! 1'0. SERIES OF 2003 BY AUTHORITY COUNCIL BILL NO. 19 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE AUTHORIZING THE SALE OF A SINGLE FAMILY RESIDENCE AT 2133 WEST WESLEY A VENUE PURSUANT TO THE INTERGOYERNMENT AL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COMMUNITY COLLEGE. WHEREAS, the City of Englewood and Arapahoe Community CoUege AVS Career and Technical School became involved in a two-year Comprehensive Building Trades program for high school students and adults to have a "hands-on" experience in building a home from the ground up throughout the school year; and WHEREAS, the City acted as developer by providing construction funds from the Housing Rehabilitation Fund and a site contractor was hired to coordinate the day-to-day building activities with the A VS instructor and students; and WHEREAS, the house was built at 2133 West Wesley Avenue per Otdinancc No. 25, Series of 2002, with the proceeds of any sale to be returned to the Housing R.ebabiliwion Fund; and WHEREAS, the house at 2133 West Wesley is nearing completion and ready for sale in the near future. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-City Council hereby authorizes the sale of the real property in the A VS Program, which property is legally described as follows: Lot 25 , Block I, Southlawn Gardens Annex, County of Arapahoe, State ofColondo. Sectjon 2. The Mayor and City Clerk are authorized to sign and attest all papen necessary to complete this sale. Introduced, read in full, and passed on tint readin& on the 5• day of May, 2003 . Published as a Bill for an Ordinance on the 9• day of May, 2003. Read by tide and passed on final rcadina on the 19• day of May, 2003. Published by tide as Ordinance No . __ , Series of 2003 , on 23~ day of May, 2003 . Attest : Beverly J. Bndsbaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colondo, hereby ccrti f ''lat the above and foregoing is a true copy of the Ordinance pused on final readina and published by title as Ordinance No. __ , Series of 2003 . Loucrisbia A. Ellis BY AUTHORI1Y COUNCIL BILL NO. 29 INTRODUCED BY COUN CIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BE1WEEN ARAPAHOE COMMUNITY COLLEGE/A VS CAREER AND TECHNICAL SCHOOL AND THE CITY OF ENGLEWOOD PERT AININO TO THE BUILDING OF A SINGLE FAMILY RESIDENCE AT A SITE TO BE DETERMINED. WHEREAS, the City Council of the City of Enaiewood has committed 10 reviewing optiona for housing and developing a strategy to enhance divene housing options in the community; and WHEREAS, the City of Englewood became involved with Arapahoe Community College A VS Career and Technical School (A VS) during I 98S when the principal of Colorado's Finest Alternative High School contacted the City for asmtance .in expanding the building trades program; and WHEREAS, the A VS propam wu able to offer a two year Compnbenaivc Building Trades program for high school studcn_ta and adults to have a "bandl-on" experience in building a home &om the ground up throughout the school year; and WHEREAS, City will act in the role of the developer by providiq COllltnlction funds &om the Housing Rehabilitation Fund and a site coatractor will be hired to coordinate the day-to-day building activities with the A VS instructor and studema; and WHEREAS, the site, with hoUle, will be IOld after completion oftbc project and the proceeds will be returned to the Houaing RebabilitaliCIII Fund; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~-The City Council of the City of Englewood, Colorado hereby authorizca the Intergovernmental Agreement catitled "Aarccmcat" between Arapahoe Community College/A VS Career and Technical School and the City ofEng1cwoocl, a copy of which is marked as "Exhibit A" and attached hereto . ~-The Mayor and the City Clcrlt are hereby authorized 10 sip and altell uid Intergovernmental Agrccmcot on behalf of the City of Englewood. Introd uced, read in full, and pused oo fine re.lina oo tbc 5th day of May, 2003 . ·l · • • Published as a Bill for an Ordinance OD the 9th day of May, 2003. Read by title and passed oD final reading on the 19* day of May, 2003. Published by title as Ordinance No.___, Series of 2003, on the 23111 day of May, 2003. Beverly J. Bradshaw, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Eqlewood, Colorado, hereby certify that the above and foregoing is a true copy of tbe Ordinance puled on ftu1 reading and published by tide as Ordinance No. ___, Series of2003. Loucrishia A. Ellia -2- AGREEMENT This Agreement, made this __ day of 2003, is between the CITY OF ENGLEWOOD, COLORADO (the City), and the ARAPAHOE COMMUNITY COLLEGE AVS CAREER AND TECHNICAL SCHOOL (ACC/AVS) of S900 South Santa Fe Drive, P. 0. Box 9002, Littleton, Colorado 80160-9002. WHEREAS, the City desires to assist the students in the ACC/AVS program to gain experience for their Comprehensive Building Trades A VS classes; and WHEREAS, ACC/ A VS desires to provide practical on-the-job experience to Student Laborers regularly enrolled in its Comprehensive Building Trades classes; NOW, THEREFORE, in consideration of the mutual promises made herein the parties agree as follows: ARTICLE I DUTIES A. ACC/AVS: 1. ACC/ A VS shall provide student laborers to perform construction jobs related to the construction of a dwelling located at a site to be determined (the "Project;, according to the plans and specifications to be prov_ided by the City. ACC/AVS shall provide work crews in separate claues. 2. ACC/AVS shall instruct the Student Laborers in the construction tndes' skills, which they will need in order to perform their tasks in the C0111truction of the dwelling. ACC/ A VS makes no representations that the Student Laborers will be skilled in the tasks they arc uked to perform by the City. (See attached Task List outlining responsibilities of the City and ACC/A VS. 3. ACC/AVS shall make available at tbe C0111truction site for use by tbe Student Laborers in construction of the dwellina, hand and power tools, except those mentioned in Article 1-8. 3, as ACC/AVS shall deem adequate in quality and quantity. To the extent that other equipment is needed for the Project and is available without cost to ACC/ A VS, ACC/ A VS shall provide the equipment All other equipment shall be the responsibility of the City. 4 . Transportation will be the responsibility of the student laborers and/or school districts where applicable and provided. B. THE CITY : I . The City shall manage and supervise the construction Project. The City sball obtain all pejPlits, licenses, inspections and certificaaea, blueprints and utilities (temporary· service). 2. The City shall pay the costs of all materials used on the Project, for all subcontractors other than ACC/AVS and all other costs uaocilled with tbc Project, except those which arc to be paid by ACCIAVS as aet forth in thia Apeemmt. t • • 3. The City shall provide each Student Laborer with the following tools or acceptable substitute: Tool Belt -Atchison A427-SP, Framing Hammer Stanley -SI649, Tape Measure -25' 33-425, Safety glasses UVEX S 129, Combination Square Stanley 46222, Chalk Line -Stanley 47-051, Utility Knife -Stanley 10-299, Hud Hat- OSHA approved. Tbe City shall not be responsible for the replacement of any tools, which are lost or stolen. If the Student Laborer completes the coune, he or sbe shall be allowed to keep any of the tools remaining in his or her possession. 4. The City shall contribute $30.00 per Student Laborer towud the cost of jackets for each Student Laborer. 5. Tbe City shall have the right to object to the involvement or prevent the future involvement of any Student Laborer in the Project for failure to adhere to instructions of the City or its qents, violation of safety rules, and conduct which may be bumful to the City, any of its ofticen, directors, qents or invitees or to any other Student Laborer, or conduct wbicb would coastitute a mildcmeanor or felony. Every effort will be made to see completion of the Project within one school year. 6. The City shall require that subcootncton, other than ACC/AVS, shall tab reasonable time to explain the work tbcy are performiq. It is expreuly apecd that tbcsc explanations are merely incidental to the work to be performed by such subcontncton and are to interfere u little u practicable witb the subcontncton' otbcr duties. ARTICLE P -LIABILITY A. ACC/AVS tbroup the Comortium Districts lball llllin1aia, aa the Dillrict Member's sole COit, adequate Workcn' OJmpcnudon lmurwe ClOVenF for the Studmt Laborers, during all times duriq wbic:b SIUdcat Labaren are workina OD the Project. A vs CODIOltium Districts lball provide eviclmce or illlunace upon the apintioa and renewal ,of any term of insurlDCe or upon my c:banp in Workcn' Compensation Insurance covcrqc to A VS Comortium Diatric:11. B. The City will not bold ACC/AVS respo1111l,le for products and completion insurance coverage. C. The City sball maintain liability covcrqc for the Project. D. ACC/AVS shall provide ID acceptable waiver or liability for each Studmt Laborer. E. All penonal property belODsinl ACC/AVS or the ScudeDt Labaren tbat is in or on the Project shall be there aa tt,e riak or ACC/AVS. The City, its qmts, clirectan or employees shall J I be liable for any damap tbcreto, ualca IUCb damqe wu caused directly by the City, its qcnts, directan or cmployeca. The City lball not be responsible for providiq IOCUrity for a pcr-1 property left on tbe job lite by ACC/AVS or the Student Laborcn. ARTICLE m -DBMJN6DQN A . Either party may terminate tbis A ........ aa aay lilm llpOD 30 days wri1lm IIOCice mailed or delivered to the address NI b1II above. TM pllltiel •aree lllat prior IIO tenninaaion or Ibis Apeemcat by dlis provision, die ,.... ..U IDNC or .....,. IIO meet to resolve any dispute. Eitber party may, for ay ,.... wbalaoavw, ........ ... ' . -· .. • • this Agreement after any such meeting or attempted meetina pursuant to tbia provision. Neither party shall be liable to the other for any actual or perceived lack of good faith in attempting to resolve any dispute in accordlnce witb tbis provision. B. In the event of termination, the parties shall have no further obliption whatever under this Agreement and the Student Laboren may keep any tool belts and toola, which have been, supplied them. C. This Agreement may also be terminated if an acceptable site ii not provided by the City by a date mutually acceptlble to the parties. ARTICLE IY -EOUAL OPPQUUN1TY ACC/AVS shall adhere to all federal, state 111d local statuta. ordinancea and reauJauom including, but not limited to, equal opportunities and civil ripll laws. AllTICLE Y -WAIVER, No waiver of any provision of tbia Agreement sball be CODllnled to be a waiver of any subsequent breach of the same or any otbcr provision of tbia Apeemmt. ARTICLE YI -INTEGRATION Any and all prior agreements between tbe panics hereto witb respect to tbe IUbjec:t IDllter of this Agreement are hereby c:anceled 111d terminlled. No ,......,,,...... to tbia Aarecmmt lball be made otbcr than by a written ameruiment lipecl by all tbe partia. AIDCLE YD -ATJ'OBNUS' FBBS In the event of any action or proceedina broupt by either party apimt tbe ocbcr under tbia Agreement tbe prevailina party lball be entitled 11D recover all apeDNS iDcumlcl tberefon, includina but not limited to, reaoaable aaomeys• re.. AllTICLE YDI -OOVERNINQ LAW This Agreement is made and entered into in tbe Stale of Colorado, 111d sball in all ways be governed and construed by tbe law of such State. AllTICLE IX -INDEXING All indexina set fortb in the marpi of this Aareement are imended for coaveaience only and shall not conttol or affect the meaning, comtruction or effect of tbia A,reemeat or of any of the provisions thereof. AIDCLE X -SEYQARQ ITY If any provision of this Apeemcnt is Mijudic:ated invalid or apiall public: policy far IIIY reason by a court of competent jurisdic:tioe, it is lplCiflc:ally ..... dilll wit ad ""Y prov;sion not so invalidated sball remain in ftall bee IDd en.:t. • • AllTICI,E XI-HEIBS SUCCEMOBS AND ASSIGNS This Agreement shall inure to tbe benefit of 111d COllltitute a bindina obliption upon tbe contracting parties and their respective bein, IUCCCIIOl'I 111d wipt. ARAPAHOE COMMUNITY COLLEGE/ AVS CAR.EER AND TECHNICAL SCHOOL ARAPAHOE COMMUNITY COLLEGE ARAPAHOE COMMUNITY COLLEGE ~;~g~j: CITY OF ENGLEWOOD By : ----,----,~..,,..........,....,.-....,....,,...----- Beverly 1. Bradshaw, Mayor ATTEST : Loucrishia A. Ellia, City Clerk Date:----- TASXLIST* CITY or INGLQ'OOD ACC/AVS CAUD AND JICIINICAL IQIOOL llulwu Set •• C>II (no baiJt ill cnea) ; • Thia tut lilt cm be ldj1IIIICl by wl .......... oldie (2) pa1ill llloald ........_. require ID adjUllllmlt • ORDIN.AtitE NO. SERIES OF 2003 BY AUTHORITY COUNCIL BILL NO . 30 INTRODUCED BY COUNCIL MEMBER GRAZULIS AN ORDINANCE APPROVING THE INCENTIVE PACKAGE WITH GART SPORTS TO EXP AND THEIR OFFICES. WHEREAS, the City and Gart Spons arc pleased to be working togedlcr to upgrade the Gan corporate campus in Englewood; and WHEREAS, the City believes an incentive package will c1 . .:ouragc the expansion ofGart Spons in a creative manner; and WHEREAS, the City and Gart Sports will work together toward creabOD of a Special Improvement District and Transportation Improvement Funds for public strcctlCapC, pedestrian. signagc, and landscaping improvements on public streets to enhance the cnlnDCC to Gart Sports facilities; and WHEREAS, the City will assist Gan Spons in negotiating the acquisition of parcels adjacent to the new facility and COOT right-of-way to the north of the new facility. NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sectjon I . The City Council of the City of Englewood, Colorado, bcrcby approves the annual incentive rebate to Gan Sports equal to 100% of taxes levied by the Ciiy upon taxable penoaal property located at 1090 W. Hampden Ave., ~lcwood, Colorado, and med ill comeaioa with the operation of the new facility for five years, subject to annual appropriation by the City if funds arc available. Section 2. The City Council ofthc City ofEnalcwood, Colondo, hereby approves the rebele of I 00% of actual usc tax on equipment purchased for the new facility in year one, and SO% of actual use tax paid on equipment purchased in years two through five, subject to annual appropriation by the City if funds arc available . ~-The City Council ofthc City of Englewood, Colorado, bcrcby approves a rebllc of 100% of actual usc taxes paid by Gart Sports at the new facility at 1090 W. Hampden Ave . for building materials in year one, and SO-I. of actual usc tax paid on buiJdina malerials ill years two through S, subject to annual appropriation by thc City if funds arc available. Section 4 . The City Council of the City of Enaicwood, Colonido, qrccs to coordinale with Gart Spons to create a Special Improvement District for public streetscape, pedeslrian, sipqe and landscaping improvements on public streets to enhance the ealnDCC to Gan Sponl facilities. Conceptual design costs (not construction documents) for tbcsc public improvamDII will be provided up to a maximum of$20,000. In addition, up to $10,000 from the City's Comamn:ial Catalyst Program will be directed toward landscapina, sipaae and facade concepcual desip t .. . ' • • costs improvements to the new Gan Sports facility locared al 1090 W. Hampden Avenue, subject to annual appropriation by the City if funds are available. ~-The City Council of the City of Englewood, Colondo, hereby approves the City's application for federal TEA-21 Transportation lmprovemem Propam fundins in the year 2004 to provide for a pedestrian bridge connecting the corporate CllllpUS of Gans Sports to the Englewood Transit Station, subject to an appropriation by the City if funds are available. ~-The City Council of the City of Englewood, Colondo, agrees to 111ilt in negotiations for Gan Sports acquisition of Parcel 5 adjacent to the new Gan Spons facility and the outlyina parcel of COOT right-of-way to the north of the new facility al 1090 W. Hampden Avenue. Introduced, read in full, and passed on first rellding on the 5th day of May, 2003. Published as a Bill for an Ordinance on the 9th day of May, 2003 . Read by title and passed on final reading on the 19• day of May, 2003. Published by title as Ordinance No . __ , Series of 2003, on the 23"' day of May, 2003. Beverly J. Bndsbaw, Mayor Attest : Loucrishia A. Ellis, City Cleric. I, Loucrishia A. Ellis, City Clerk for the City ofEnpewood. Colorado, hereby certify dill the above and foregoing is a true copy of the Ordina.-pmod Oil fiul ._.. 111111 pubmlled by title as Ordinance No. _. Series of 2003 . Loucrilbia A. Ellit ~'HO._ SERIES OF 2003 BY AUTHORITY COUNCIL BILL NO . 32 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE FOR PURCHASE OF REAL PROPERTY AT 3629 S. FOX STREET IN THE CITY OF ENGLEWOOD FOR POLICE PURPOSES. WHEREAS, City Council previously approved Ordinance No . 7, Series of 2002, authorizing the lease of 2,212 square feet of office space at 3629 S. Fox Street, Englewood, Colorado, by Safety Services; and WHEREAS. the owners were interested in selling the entire building and City Slaff began discussions with them; and WHEREAS, an offer of$6S0,7SO was presented and accepted by the owner subject to City Council approval of the purchase; and WHEREAS, the property was appraised at $685,000; and WHEREAS, the owners desire to mnain as tenants by leasing back the two-thirds of the building they presently occupy for the next sixty days, then one-third of the building for the remainder of the year at fair market value ($9 .SO a squue foot); and WHEREAS. purchase of the 3629 S. Fox S1reet property will allow the City to vacate existing lease payments for this property and for the property at 2901/2909 S. Broadway, which is now being used as space for the Impact Team and the Traffic Division; and WHEREAS, the Forfeiture Board bas approved the funds for the purchase of this building and any required upgrades. NOW . THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORAOO, THAT : Section l. City Council of the City of Eqlewood, Colorado, hereby approves the purchase of the real property at 3629 S. Fox S11m, £nalewood, Colorado, for the purchase price , ofS6S0,7SO . Sectjon 2, City Council approves of lasina two-thirds of the buildina to the seller (Bret Terry Masonry. for sixty days and leasina oae-third of the buildina to seller, Bret Teny ~. on a one-year lease . Sectjon 3. City Council approves vacaliaa die ailliDa 1cue payimncs al 3629 S. foa Street after the purchase and vacatin& cxlllina lcue paymema for the property al 2901/2909 S. Broadway Introduced, read in full , and pasted Oft fint readilta Oft die s* day of May. 2003 . • • Attest : Published as a Bill for an Ordinance on the 9th day of May, 2003. Read by tide and passed on final reading on the 19th day of May, 2003. Published by tide as Ordinance No.__, Series of 2003, on the 23"' day of May, 2003. Beverly J. Bradshaw Loucrishia A. Ellis, City Cleric l, Loucrishia A. Ellis, City Cleric for die City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of die Ordinance passed on final reading and published by title as Ordinance No . ___, Series of 2003. Loucrishia A. Ellis POTENTIAL MOTIONS f}Vi.~ify the definition of"carport" to match the new definition in the UDC, "a space for housing or storage of motor vehicles and cncloacd, on not more than two aidca, by walls ." Modify the definition for "bard surface". Title 16 currently requires 1hat otT-ltn« parting spaces require a bard surface that is paved with upbalt, c:onctete or brick pavcn. That requirement for parking is going to be retained in tbe UDC. Change "front yard setback" to "front yard". Remove the definition of"car cover" and remove "car cover" from IS-9-l(A). Modify I 5-9-l(A)(2) to read u follows : ~ -or-~ J ... other temporary activities shall not exceed eipt (8) houri per day / --GI ... other temporary activities shall only be permitted if the person conductin& such temporary activities is present ~6 ORDINANCE NO . SERIES OF 2003 BY AUTHORITY ~.IO INTRODUCED BY COUNCIL MEMBER YURCHICK AN ORDINANCE AMENDING TITLE IS, CHAPTER I, SECTION 2, DEFINITIONS, TITLE IS, CHAPTER 9, SECTION I, PERTAINING TO VEHICLES; INOPERABLE; AND ADDING A NEW TITLE IS , 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 powers, fmds that it is necessary for the health, safety, and welfare of the citizens of Englewood to regulate the storage ofsuch vehicles . Section I . 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 : 14Hiie,'e, Ik,,elie1: All) ·1ehiel11 nhieh is WNelted, demsged; er 8'111118Mia11) d"sms tied le Ille 11118111 lhat llveh \ ehiele ii -,-1, er ii . r •• ~ •• ,o,iag-• nd• ill ,_ 111 .. er. 11 IIMII iaehlde -,, , 1hirlr1 mi11i• w er -,,.,a.a-, ·. ehiel, Mlieh laelta a e-a liewr , .... er -i11ieB1 rlieltar er ••eh lselte iwwe. l'eltiele. Ma,,,,. ,4,.,. , .,-,. efllwJilll•••r 1JtN NI ... ,,,., .. eJ••• ... ,..,,.,.. s, ,,...;,.,.;,._,,. • lle61t., er .41...,,..,.._, •• ·•,.....,. • ..,,.,_.. Nfll. ,,-.;e Ml', SJJel'i11tMMI Mr, eff, eatl, MieN, aW ,wee Ml •W MM e1;e1 ,Miele. Vehicle Jnoecrahlc · men, IPY xsbick; ghal ll;, iPFIIJINs ofmpyig ip I lgful PJIPJR uwkc its own ppws w 2> Irie I AMDiP& tires p1ets or 3> ;, wmsked derntm! di1PJ1Ptled w ipccpplctelx eesrnhk4 ve hic le QffRqad co«n· iPSlwkil but;, pgg timikifl gg tP-ISUliA xsbkls <Arn minj .. bike din hike hovercraft, duPF busu sP:Gld, beet PFP991l lt'IIGDDA, rp car w other vshic la thag vs PPI strssJ Jspl in the Sll&F ofColqqdq FIDSPPmlll xsbisJs aircraft, aud n ilm for IPY ofths fon;soins CYCP ifJIPPGJIY lmlP1 Carooa · meaps a structutt with, roof but Jwrkins a solid Ndcwall Car Cover · men, anx fined PNAHC SPYstiPs 'PIPYf16Pm1 for IN 1919§s PWP9l5 of coxerins a cu or mottVcxslc TIDW ghal NF PAC fippd (pr the ssifk !NPIM pf COYSriPB a car or motorcySJc I'S .. ,. Omu" (qr thg,,,..,, oldm o+ Hard SHdacc · rns,01 11urfp of 6RPCP&s elPbt!L qr mxsl "* ia 4MI bl 114 YP'kdin th e cutirc xshick Sqljd fca«· R1S1N , Crnsc u 4c rmg1 ia JH:JZ<P2} WC a tm¥kd " t .. • Section 2. Title IS, Chapter 9, Section l, Englewood Municipal Code 2000, is hereby amended to read aR follows: Chapter9 VEHICLES; DEi~blCT Ad'IQ HQBBV INOPERABLE lS-9-1 : Vehicles: 9-liet anll lleltll) IDIIPFJlhJs It ehall l,e lllllar.;,flll 111111 aemi.a-11 a RT • rran fer 811) pel lBR 18 118H, · lllia er kHp any llereliet er hel,1,y •• ehiele, 11 lllfiMII II) thi1 l'itl1, ea any ...i ,..,..., er llijMMt pllllli1 Fight ef way in the City Meepl II fellewe! Thi• Chaptq ii jptgpdqJ tg l44Rtt the prppq Pl9JMS of jnggmhJs ID4 pff gl YFhiclFI It ""'' uplawfyl and Fs9Pti4md I rn1iere; fw MY PCll9P IA IAlla "'N'ttfiP W USP anv iP9PGrable vehicle in yigffWPD ofthit Qwzts De ownor of an iPPPUMIO xcbklc w ea:aa ubkh e DI N the ocemm IP4 owpq of the prpperty whso; w a xsbiels i, ptmpl yatJ hp memNNs; fw Jhs meWGAl'Ri of such vehicle in SPJPPliMFrS with tlJil Qeptpr A. Jnops;rabJe Vehicles in ~lilll M-All R leoc Dypjcq I . l'h-ehall lie ae mere thaa w hal,11), er..._.\ lllial1 mittia,• er...,.. ea the prepllty efany r11i••11 in a re,i• ti 11, H••• aalriae, wlliah ,ehiala shall he ltaflN ill• Nit, wl••• .... , • sbUr ltNlt.JNc I:,......, lllere the, ehiela in• -,,11 er ep• -ill Illa , ehial1 1M ill,... -_,. ..,.a,,,a,..aVJithalielleuJ.11-JM•--•, ... • .... lteaae• ee·.--. i1 •• ....... ,.-Illa ·.llliala iaa...U, 11,-. ... .w., I. No jnongabJs xehisle M lie MAm4 witbip SN 6ppl ypd ecdJesl: ~-Ne,_ ahall llere er wadi ea-, 1111111) ......... i,11 ,..ilhil.llla yarll IIIINak er ill ar III any pllllli1 prep.., er~ af ....,,, 2 No DGP9P yall M9CS 9( wpg 9P RY iDfmlbls xebkls JKPhiR IN OPPI ypd sthack or in gr PP IPY PMblis prpppty w ri8'M:9Cvx arm ... YSNFJSI max he ICJDPOPtilx rneiP11iDP1 in Jbc m m IC!besk III e HP3 MWirSs fw the purpow oCnoRDL Jorlirs Hnkwtirs w PSbs ne,o,x IF&OOJia Sw;h tragspon, loe4io, uolorlios w pdp tnr'IYIIY EPXMI ebtP PAI RW4 eisht (8} hoYD 9PE C)l day PFJ sekm4v Wa, 3. l'he Br;Jfl• eh 11-lill Ir ha~~y u 111i1l1 II wall II Iha HF f C 1M '"" 1( lhe11repM) ahall"8r1ep1Milll1 farllla nn•-••fR1811 ,1hi1l1 in e1111pliaa11 willl thia ,_,, •• 2. An in9PCAl2k xshiels RMY NI las""" ip I FPPII\ Ap itmzbh Y!biste max l>F 1tgrpd in , runx m;Jcee1 1111, 11,;,,nr: eon 2 .. • t .• • • 4. The &WIier efa helllly ·1ehiele er dereliel •• ehiele ateNd HI a ,e1id111lielly MIIN dilllfiet &hall regiater die ·1ehiele i\ itlt die 9epaR1Be11t ef ~ leler VehielN, State ef Celerade. 4, 9Pe ingperabls vehicle max be ll9ai4 in a rear or side yard Klbesk if it is PP a hard sur;tace vude: a car ooxs bebiod a Mlid fme; M4 l6JFIS2'F4 &pm view of adiaceot propertin and public riMS1:2f·wav ~-).le p-11 allall ate,e e11 a -idelltially Nllld p,epe,ty a llelllly er .a-liet TJehiele i1111ielatie11 efdte w aet felllt HI thia 1llll1188e11 a (fi}. Nilwe te Hlft!II)' ahall lie a ,1ialatia11 ef lhi1 Cade. 6r .a..y aillgl, %ehiele ateNd ea tlte prep-, thaa ii•·-•~ a tie •Ml -.Bl er ether 811811111 N"Jlfttll, ia Blerl4 e11 a hMI IRlffile1 wl h88 fe• (4} Mly bfbted -· ii prewmed te N Mly li•-•li. HIIIB'N ... s-. illepHtld wi 1181 a dereliel er hellll) \ ehiele. If-re thaa e11e ·,ehiele ii ee, ered 81111 lllerN 811 Ill) 8111 prep..,, thia PFlllllllll'tie11 llheH aet Hill 1M it lhall 111 th, -, 9f the Git) te determine whether the ·1ehi1I• -.a-liel er hellll) 88 •&a1d lly thia 1188811 81111 te take 111eh !Jl-llftll 81 IN lllltherieed lly thia 1188ee. 1. >le pe11911 ahall li,ep a hellll) er dereliet 11ehi1l1 HI a ll•ia:111 a1111d diltriel Wlleaa 111eh , ehiele i1 ... ill a Mly ••la11d ....... HI 111 .... •••••II frem lie .. ef adjHIBI prepedi• 1M palil ripll ef -,,. I . No jP996(fhJs xsbisls wll lls ltgrgl llPleP jt ii 511 I hml lf1PIFS bebiwl I wli4 ra;e lwl 51P2lPfl &pm m o(adjPDf prppqtjp lwl wblis Psbll:2(· way SI ip I (ylly Pl6Jor4 ID¥iPP ~-),11 11-whe r11iM1 HI a ll1111iae• er i11d 1.W aaa,d 4iltliet lhall liatp 1118N thaa 8111 llellll) er dareliet • IMIII M the.......,, 3. The eMt• afa Mfllliel • he~h, , ehi1l1 ••Ill• the 1,w,1111 •d au,w af die prepll1) allall 111 r11pa111illla fer Ille · ·••n er ...... ef8118h lhi1l1 ill eempliw1 rJlith thia ....,,., 2. The PCPYisiqm g[Jhil Ssstipg lhall pot ply to I PSDPUJFd yd/gr li cm,,sd tytmpgtiyg MK 4. Thee.-9fah1IIII) %1hi1l1er..,.liee lhi1l1 ... H1all ,·anuaa,d dilllri,s lhall re....... -··· with Ille&-. ,rc,1 .... ll'tp .. as ef ~tater V1hi1IN, S. 'Mep-11-al111er1ea1ll111i••• H111d...,.., all11111, •dareliee .lhi1l1 i11 ,iellli111 eflhe ner • ferth ill lhil M111li• 11i1t ('}, F.a-ta u.,i, ahall lie a li1l1:i111 9fthil G1tl1 . fi . Thlpre i1iaa1 9fSN1111"111:i•llill(6}ehallM1..,a,tapr.,.s) ... ha88 1 pennit11tl 1181 m 1111e raplir" 11ian1 3 t • • \ Section 3. A new section pertaining to Off Road Vehicles is added to read as follows: JS-9-2· YehicJes· OfJ:Road CoRY> A. QffB994 Vehjdes CQRf? ia 411 B Zoae Qll(rict,r I. No ORV ihan be store4 wjthin ths frppt yard ISSbesk 2. No PFmU1 sha!I ME or worJF. op any ORV wiJhio the fipnt yard ISSbesk or jg or op apy public ri@ht:Pf·wu sxssm Jhat Mib xsbisR may he 5GJDDOWilv ¥PlliPm' in the; frpgt yard SSbesk PP I hard mrfag; (pr the RHP191S1 of UIPIP90a loe4irs wloedios w 9fbs JcpJpppJy IQivitia SHFIJ smomort londios no!owtios w oM IFrnNVY w;tixitip !bell P9J EJsr,pi S1ht Cl\ hquq 9PC C ll day PS r,)cmdN: WM 3. An ORV YehicJe may got be stmgi jg I FVP9JS, Ag ORV Yslaiski may be store4 in I fully GPS19¥4 BHIBC or 1imilv WHF9P 4. An ORV may be store4 jg I 1W or §ids yard ISSbesk jfjt it 511 I hard MWiC J>ehjwJ I 19Jjd ffflff 1M e:sm! from yjg o{wtiemtt gppgtip 1M public; risbM:9C-wex D. QffRqad Vehjc/q CQRf? in Zoae Dj.rtrlgr 0bec Uwa R, I. No jgoppJbls; Yshisls ebtll he l1IP4 !WISP jt it AP I hard IMrflss bsbio4 I IOljd fene; IPfl ISIFPld fgp xin of ecti¥cm gppgtip -a r,!bfk; riebst:sC-wax w ip I fully REIPK4 IDFPMI 2. The proyi1iPP1 of thil Sg;tigp !bell pot IPPIY to I ppmittgl yd/g; IMRS4 OBY Section s. Safety Clauses. The City Council hereby finds, dctcrminea, and doctua that this Ordinance is promulgated under tbe acncral police power of the City of Enatcwood. lbal it is promulgated for the health, safety, and welfare of the public , and lbal this Ontilllnce is nec:euary for the preservation of health and safety and for tbe prolCCtion of public caavcniencc and welfare . The City Council further determines that tbt Ordinance bean a rational relalioa to tbe proper legislative object sought to be obtained. Section 6. Scverabjljty. If any clawle, 1mteocc, paraanpb. or pat of this Ordinance or the application thereof to any pcnoo or circwmtancel shall for my reaoa be adjudpd by a coun of competent jurisdiction invalid, such jucian-t sball DOI affect, impair or iDvaliclale die remainder of thi, Ordinance or it applicatioa to ocher ~ or eire:unm. • t ... • • Section 7, lnconsjstent Ordjpances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof arc -hereby repealed to the extent of such inconsistency or conflict. Section 8, Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liab~ty, u 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 9, fml!!X. 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 3rd day ofMarcb, 2003. Published u a Bill for an Ordinance on the 7th day of March, 2003. Set for public hearing on the 21• day of April, 2003. Set for City Council Study Session on the 12• day of May, 2003 . Read by title and passed on final radina oo the 1C,, day of May, 2003. Published by title u Ordinance No. --J Series of 2003. BeverlyJ.Bndlbaw,Mayar AlTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Enalewood, Colorado, hereby certify dial tbe above and foregoing is a true copy of the Ordinance puled on first readiaa, Ill for public belrina, and paaed oo final reading on the I~ day of May, 2003, and published by title u Ordinance No.__, Series of2003 .. Loucrisbia A. Ellil ' BY AUTHORITY 0 M!MES OF 2003 COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE AMENDING TITLE 7 OF THE ENGLEWOOD MUNICIPAL CODI! 2000 BY ADDING A NEW SECTION 6 TO CHAPTER 6C, ENJ'ITLED "PROHIBmON ON THE OPEN CARRYING OF FIREARMS" AND DECLARING AN EMERGENCY. WHEREAS, the Governor of Colorado signed into law Senate Bill 03-02S concerning the limitation on the ability of a local government to regulate fll'CIIJ'IJIS; and WHEREAS, the City of Englewood maintains that such regulations are better suited to local regulation; and WHEREAS, even with a difference of opinion as to the validity of Senate Bill 03-02S, the law allows regulation of the open canying of fireanns in buildings and specific areas within the local government's jurisdiction; and WHEREAS, City Council wishes to coordinate this Ordinance with Senate Bill 03-02S even though Council's belief is that the State Bill is overreaching. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, 1llA T: ~. City Council of the City of the City of Englewood hereby amends the Englewood Municipal Code 2000 by adding a new section to read as follows: 7-'C-6: Prolalbldon on die Open CarrylD1 of Fireanm The open carrying of firearms is prohibited in the following areas within the City of Englewood except for on-duty Safety Services personnel. A . CityCcntcr, excluding the Alexan Apartment Complex and the Wal-Mart property Bi-City Wastewater Trcabncnt Plant Allen Water Treatment Plant and Reservoir Miller Building Servi Center Safety Services Center (Police-Fire Building) Englewood Police Substation Fox Street Safety Services Building Acoma Street Fire Station Tejon Street Fire Station Malley Senior Center Rec reation Center !-l ousing Offices 3460 S . Sherman Simon Center Orc hard Place t .. • • B. Belleview Park Cushing Park Centennial Park Brent Mayne Field Jason Park Romans Park Bates/Logan Park Cornerstone Park Rotolo Park Duncan Park Barde Park Emerson Park Clarkson/Amherst Parlt Baker Parlt Miller Field Depot Property Sinclair Pool Aquatic Center at Belleview Mary Carter Greenway and Trail Little Dry Creek Greenway and Trail Big Dry Creek Greenway and Trail Northwest Greenbelt and Trail Southwest Greenbelt and Trail HOllllllla Athletic Complex Scctjop 2, Safety Ollm The City Council bcnby finda, detcrmiw, and declarea that this Ordinance is promulpted under the aeneral police power of the City or Eqlewood, that it is promulgated for the health, safety, and welfare of the public, and tbal this Ordinance it neceaary for the preservation or health and safety and for the proleCtioa or public convenience IDd welt'arc . The City Council further determinea that the Ordinance bean a nlioaal relalioa to the proper legislative object sought to be obtained. Sectjon 3, Sevfflbjljty. If any clause, sentence, parqrapb, or part of this Ordinance or the application thereof to any person or circumstances lball for my reason be adjudpd by a court of competent jurisdiction invalid, such judament lhall DOI affect, impair or invalidate the remainder of this Ordinance or it application to other persons or cimunstancea. Section 4. Inconsistent Ordjnapces. All other OrdioaDcea or portiom thereof inconaiw or conflicting with this Ordinance or any ponioo hereof are bcnby repealed to the cxtmt of such inconsi stency or conflict. Section S. Effect of repeal or modifisefion The repeal or mocli6c:aliaa of ay provilicm of the Code of the City of Ena)ewood by this Ordinance all DOI reJeae......, ..... modify, or change in whole or in pan any penally, forfcilure, or liabilily, eillilr civil cw c:rimilll1, which shall have been incurred under sucb provision, IDd each provitioa IMII be.._.. ad lleld as still rernainina in force for the pwpolCI of All&ainina my IDd all pn1p1r lClicaa_ UII, pr oceeding s, and prosecutions for the enforcement of the peaalty, bfailun, or lilbilily, • well .. t ..... .. • • as for the purpose of sustaining any juciginl,nt, decree, or order which can or may be rendered, entered, or made in such actiom, suits, proceedinp, or prosocutiom. Section 6. lDilx. The Pmalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Section 7. RmakL All ordinances, or parts thereof, inconsistent or in conflict herewith are hereby repealed to the extent only of such inconsisteacy or conflict. Section 8, Declaration ofJ!mmrmcy, City Council hereby finds and determines that this Ordinance is necessary for the immodiate preacrvation of public property, health, peace and safety and shall be in full force and effect immediately upon final pusage by the Council. Introduced, read in full, and pused on first reading U ID Emerpncy Ordinance Oil tbe s6 day of May, 2003. Published u an Emergency Bill for ID Ordinance on the 9"6 day of May, 2003. 2003. Read by title and passed on final reading u an emergency Ordinance on the 19"6 day of May, 2003. Published by title u Emerpncy Ordinance No .~ Series of 2003, on the 23o1 day of May, AlTEST: Beverly J. Bradabaw, Nayar Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of £nalewood, Colorado, herd,y cenify that the above and foregoing is • true cdpy of the Emerpncy Ordinance pused on final reading and published by title u Ordinance No .___, Series of 2003 . COUNCIL COMMUNICATION Date Agenda Item Subject May 19, 2003 11 Ci Englewood Public Library's 1" •summer Food for Fines• Initiated By I Staff Source Librarv Deoartment Hank Lon11. Director of Librarv Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Library has sponsored this popular program during the November/December holidays for the past 1 3 years, and each year the City Council has voiced its support While we plan to continue our end of the calendar year FFF program, we are also initiating a ~ such amnesty program to coincide with the end of the regular school year. This 1" •summer Food for Fines• program was suggested by the Library Board as a way to mitigate the increase in Overdue Library Fines that goes into effect on May 30 and also as a way to encourage the timely return of EPL materials so that they can be used by more people. City Council subsequently approved this increase in overdue fines as well as the additional FFF program at their February 1 8, 2003 meeting. RECOMMENDED ACTION The Library Department recommends City Council approval of a resolution authorizing the Library Department to implement its 1" •summer Food for Fines• program from Tuesday, May 27 through Sunday, June 8, 2003. BACKGROUND, ANALYSIS, AND ALTERNAT VES IDENTIRED For the past 1 3 years, the Englewood Public Library has sponsored its ·Food for Fines• program during the November/ December holidays. This annual program allows patrons with overdue fines to •pay-them off through the donation of non-perishable food Items, e.g. -fpgl Mcm cancels out the late charges (not lost or damaged charges) on PM nritc nc,,. Food Items must be presented to the Library S~ff at either the Circulation Desk or at the Bookmobile in order for the fines to be cleared from the patron's computer record. The collected food Items are then forwarded to Interfaith Community Services for their •food bank• distribution to financialy disadvantaged families in the Englewood area. This program has been warmly received by the public since its inception, and Library patrons now look forward to il Besides providing resources to needy families in this community, the program presents a positive image of the Library and the City, i.e. a "win-win• situation for everyone involved. The 2003 •summer Food for Fines• program and the "Winter Food for Fines• will each run for two weeks. FINANCIAL IMPACT • In 2002, the Library collected approximately $1,800 in non-perishable food Items for the Interfaith Community Services Food Bank over the five weeks of the program. • Since its inception, this program has raised an estimated $ 15,800 In doNt.!d food Items to assist needy families in the Englewood area. • The Library historically averages ~ 1,200-$1 ,500 per month In colected ~te charpl· (Le. c harges on books and other items returned past their origiNI •ctue date· and past the l day pace period). This revenue goes into the City's General Fund. t .. ·. • • • Historically, this amount of overdue fines has dropped to an average of $8©$1,000 per month during our FFF programs which means that the City loses several hundred dollan in revenues as a result of this program. However, that loss Is more than offset by the •good wm• thi s program generates among Library patrons and by getting the Library materials back on the sfielves for others to use. UST OF ATIACHMENTS Proposed Resolution RIESOF2003 A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE SUMMER "FOOD FOR FINES" PROGRAM FROM 1lJESDA Y, MAY 27 THROUGH SUNDAY, JUNE 8, 2003. WHEREAS, the Englewood Public Library has BpOIIIOred a "Food for Fines" program during the November/December holidays for the past thirteen yean; and WHERE.As, the "Food for Fines" program allows patrons with overdue fines to "pay• them off through the donation of non-perishable food items; and WHEREAS, the food items are then forwarded to lbe lnlcrFaith Community Services for their "food bank" distribution to financially disadvantaged families in lbe Englewood ara; and WHEREAs, the program is a benefit to the community in that lbe disadvantapc1 are auisted and the air cleared with respect to fines 111d the City receives its hlnry materials back and the program presents a positive image oftbe Libruy and lbe City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Scctiop 1-The Englewood City Council hereby autbarim the EnaJewood Public Libnry'1 implementation of the Summer "Food For Fmea• propam 6am TUIIIClay, May 27, dnup Sunday, June 8, 2003. The "Food For Fmea• will dim be forwarded to die lntaPaith Community Services for distribution to financially disadvanlapd fiuniliea in the EnaJewood area. ADOPTED AND APPROVED this 19* day of May, 2003. AITEST: Beverly J. Bndsbaw, Mayor Loucri shia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk for the City ofEnclewoocl_ Colorado, hereby CCltily die above is a true copy of Resolution No._, Series of 2003 . Loucriabia A. EUia COUNOL COMMUNICATION Date Agenda Item May 19, 2003 11 c II Initiated By Deoartment of Finance and Administrative Services I COUNCIL GOAL AND PREVIOUS COUNOL ACTION The Council has not taken any previous action on this topic. RECOMMENDED ACTION Subiect Transfw Funds from the Servi- Center Fund to the General Fund Staff Source FrankG-' Director Staff recommends City Council approve the attached resolution transferring $775,000 from the Serv1Center Fund to the General Fund. The sources and uses of the funds are: SERVICENTI:R FUND Sourq of Funds; Retained Earnings Yfto(Fyp; Transfers Out to the General Fund GENERAL FUND Soupg al Fygds; Transfers In from the ServiCenter Fund YKo(Fygds; Unreserved/Undeslgnated Fund Balance $775,000 $775,000 $775,000 $775,000 The City of Englewood is required by City Charter to ensure that certain transfers are not made without proper authorization by City Council. The attached resolution transfers funds lo ensure that the Oty of Englewood complies with legal restrictions governing local budgeting. BACKGROUND, ANALYSIS, AND ALTHNATIVES IDEN11RW The ServiCenter provides services to the City of Englewood's General Fund departments (e.g. polce, ftre, pubk works, etc.). For these services, a fee Is paid. Over the years, the Serv1Center Fund ha built up Its cash and investment assets. The ongoing decUne In revenue colections and a required Increase In deferred revenues have forced staff to look for any and al funding sources to lncreue General Fund reserves. For this reason. stiff is requesting the City Council transfer $775,000 to the General Fund. FINANCIAL IMPACT This transfer will reduce the ServiCenter Fund's retained earnings by $775,000 and Increase the General Fund's unreserved/undeslgnated fund balance by the same amount UST Of ATTACHMENTS Proposed resolution • • WHEREAS, the ServiCenter Fund collects charges for work done for the Oencnl Fund depanments; and WHEREAS, over the years the ServiCentcr Fund bas buih up its cash and investment assets; and WHEREAS, with the ongoing decline in revenue collections and a required increase in deferred revenues bas forced staff lo look for all funding sources lo increase General Fund reserves and WHEREAS, staff requests a transfer of funda from the ServiCenter Fund to the General Fund;and WHEREAS, the City of Englewood is required by City Charter to ensure that certain transfers arc not made without proper authoruation by City Council. NOW, TIIEREFORE, BE IT RESOLVED BY TIIE CITY COUNCll.. OF TIIE CITY OF ENGLEWOOD, COLORADO, THAT: Sectiop I, The City Council of the City of Enalewood. Colorado, hereby approves the followin& tramfer: SERVICENTER FUND Some of flptl•; Retained Eaminp us ,cf•••; Transfers Out IO the General Fund GENERAL FUND Sowrst ,c fgb; Transfers in from the ServiCenter Fund Ugoff•pd•; Unrcserved/Undesignated Fund Balance S77S,000 S77S,000 sns,ooo S77S,OOO Sectioq 2. The City Manager and the Direct.or of Finw:e and Administrative Services are hereby authorized lo make the above ctianaes to the budpl. ADOPTED this 19• day of May, 2003 . Beverly J. Bndabaw, Mayor Attest: Loucrishia A. Ellis, City Clerk I, Loucrisbia A. Ellis, City Clerk for lhe City of Englewood, Colorado, hereby certify tut the foregoing is a true copy of Resolution No. ___, Seriea of 2003. Loucriabia A. Ellia COUNCIL COMMUNICATION Date Agenda Item Subject May 19, 2003 INmATEDBY STAfFSOURa Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PRMOUS COUNOL ACTION The original Mclellan pump station was constructed in 1964. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their May 14, 2003 meeting recommended Council approval for rehabilitation of the Mclellan deep well pump to Mclemore Pump in the amount of $63,885.00. BACICGROUND, ANALYSIS, AND ALTERNATMS IDENTIRED Prior to 2002 the Mclellan deep well was used intermittently, usually a few days every three to four months. But due to the drought, this well is currently being used on a continual basis to meet demands. It was recently discovered that the pump must be lowered deeper in the well shaft because with continuous use, it overheats and periodically shuts down. It was also noted that the wire leading from the starter to the pump is inadequate. When the well was initially constructed, a valve was installed to vary the pumping rate, but the frequent use is taxing the motor and piping. A variable frequency drive is proposed to regulate the motor speed to vary flow from the well. FINANCIAL IMPACT Due to the drought conditions and difficulty obtaining competitive bids from driUing com~les due to the high demand for their services and the resulting Job backlo& a sole source bid was received from Mclemore Pump in the amount of $63,885.00 for the rehabilitation of Enp!Wood's Mclellan deep well . In this instance, time is of the essence. Because of the electrical problems, the pump is continuously overheating and can cause the pump to faU and the electrical system to be damaged If not repaired im mediately . Phi l Martin of Martin and Wood reviewed the bid and agreed with the initial proposal, but had concerns with the second part (comments attached). The second portion addresses additional wOfk that may be deemed necessary . It was recommended that any additional work is addressed with "Not to Exceed" purchase orders. in his review, Mr. Martin does not anticipate that additional purchue orden wll be necessary. LIST OF AITACHMENTS Bi rom Mclemore Pump letter from Phil Martin Resolution March 18. 2003 Cly of Englewood 1500 L,av10n Avenue EligllMood. Cobado 80110 Alln.; Dan ca.man Re.; Mcallln Deep Wei. Wei Penni. 042430-F Don. Phone 303-478-5148 Fax 970-587-2449 we .. ..-i ID 9Ubmll our qua1a11o11 for .. !9qlftd wait ID .. ,..... dlllp wa1 • follows: Remover .. eilllng dlllpwal pump."'*'• powwclllll nl 5.F dlap plpl. 'llldao ..,.. .. well ID 8llablllh • Rae lne. Clralllll ... c:INl'I ..... bin. prmdan -...... Rllll .. eilllng pump n1 mmor to • ....,.--. cllpll fl 1100 fl& 1111111111 .. poww Cllll9 ... MO MCM ....,.. ... Cllllla. lnllll ..... pump and mmor a 1-1#' PYC awe to ..._ a NOD P8I .....,.......,tocanRla varllllll~dllll91d1Dllllnlllllltln .. llllalCllvaul.AW alrlllbe ID rnanlllr ..... lavel wll lllo be lllllllld ..... pump. mmor, clllll nl PYC ...,._ Above pnce dDN 11111 lndude any.. ., .-. ... ,. --. pump and ....... 111e ...... s.r drop pipe wll be 19 lnllllld llang \11111 ................• to.,_. a pump .... cllpll fl appio.di,ally 1100 fl& es.,,-, time raqund ID WWW,..,. .. wal wait daalllld GM II 7-10 Wlllllllig -... equ1pnert ta mcMd ormtw wa1111. Requinld dlMly time forlw varllllll nqmncy dlM II M ............. fl pun:taa oldlr. If you have any quatiDnl, pllal INI ,,_ ID conllct me• 30M71M141 ' --- · \ \1.\RTI:\ .\:\I) \\ ()()I) ~ Mr. Don Coatman City of Englewood I 000 Englewood Parkway Englewood, CO 80110 Dear Don: 602 Parle Point Drive. Suite 275. Golden. CO ao«>I .,hone: (303) 526-2600. Fax: (303) 526-262'4 emai: pjtmwi~ool .com April 11, 2003 Re: Review ofMcLemore Pump Proposal Well LF-M2 Pump Work Project Number 159. l · As requested, this letter summarizes our review of the McLemore Pump, Inc . proposal for work relating to the City of Englewood Laramie-Fox Hills aquifer well LF-M2. Our understanding is that the City wishes to upgrade the well pumping equipment to a VFD installation to replace the pump cable, and to set the pump somewhat deeper. Further, this work will also entail a downhole video survey to allow inspection of the casing and screen so that the need, if any, for well cleaning or rehabilitation can be usessed. We have reviewed two proposals from Mclemore. The first, dated February 5, 2003, coven the new VFD drive, new cable, additional pipe, pressure transducer, airline, PVC pipe for the transducer, labor for pulling and resetting the pump, labor to inspect the pump and install new bearings, labor for installing the VFD, and all miscellaneous fittings and parts required. This proposal totals $63,885.00 . Our review of this first proposal indicates that the proposal is for the most part reasonable and complete wi~h the exception of the l/4-inch airline . The price quoted is Sl.30/foot which appears high to us, but we note that we have not been able to confirm that this is truly the case . It is noted on the proposal that the contractor may revise the quote based on any unforeseen conditions that are turned up during the pump dismantling and inspection . This is considered reasonable by us and normal for this type of work . · The second proposal, dated March 18, 2003, raises some issues for us . This proposal extends the prior one to include a downhole video survey, "circulate and clean the well bore", and conduct a production test . The net overall price for the two combined scopes of work is set at $108 ,714 .00 which means that the three additional items noted would cost some $44,829 . We do not question the inclusion of the video survey and suggest that this should cost, bued on our recent experience, in the range ofSl,SOO to Sl,800. Beyond this, however, we question the other two items included in the proposal. First, we definitely need more information on just what is meant and included in "circulate and clean the well". We do not feel that any set of procedures should be considered until the video log is thoroughly reviewed and analyzed . Once that has been done, appropriate methods for cleaning, if any is required, can be developed and costs quotes requested . Finally, we do not agree that a pump test should be done on the well prior to resetting the permanent equipment. Unless we are misinterpreting the proposal, it appears that Mclemore would install a temporary test pump and Nn the test . This is unnecessary and a waste ' .... .. • • Mr. Don Coatman April 11, 2003 Page Two of time and money. Once the permanent equipment i1 re-installed, a test can euily be nm by City penonnel without the added coat of the temporary pump and the c:ontnctor time clwpa. To IUffl up, we buically aaree with the fint proposal, but have serious questions about the second. More detailed information u to just what ii contemplated by the contrldOr lhould be obtained before any decisions are made reprdina acceptuce of'thi1 second proposal. Please let us know if you have any questions concemina our review or the contents of this letter. Sincerely, , /-; ~ ·--.,; '--../ .I!-' 4y . r' .. /.:t/..0'r ~ ~~v'/1-. ~w"t. lk'artin, C.P.G. Vice President .,,.,,,., """ w;,,,,1 w;,,,,,c.,,.°'...,.._ '"' A RESOLUflON APPROVING A SOLE SOURCE BID FROM McLEMORE PUMP FOR TIIE REHABILITATION OF ENGLEWOOD'S McLELLAN DEEP WELL. WHEREAS, prior to 2002 the Mclellan deep well was used intermittently; and WHEREAS, because of the drought conditions, this well is currently being used on a continual basis to meet demands; and WHEREAS, with continuous use, the pump ovcrhcab and periodically shuts down; and WHEREAS, the wire leading from the starter to the pump is inadequate; and WHEREAS, the present valve installed to vuy the pumping rate is taxing the motor and piping so a variable frequency drive is proposed to regulate the motor speed; 111d WHEREAS, due to difficulty obtaining competitive bids &om drilling companies, a sole source bid was received &om Mclemore Pump 111d approved by Martin 111d Wood for the initial proposal; 111d WHEREAS, the Water 111d Sewer Board approved this sole source bid at its May 14, 2003 meeting. NOW, TIIEREFORE, BE IT RESOLVED BY TIIE Cl1Y COUNCll. OF TIIE Cl1Y OF ENGLEWOOD, COLORADO, THAT: Section 1, The City Council of the City off.aalewood, Colondo, lMnby !IPPIOYel the sole source bid from McLcmore Pump in the amount ofS63,885 for rebabilitation oftbe Mclellan deep well pump. ADOPTED this I~ day of May, 2003. Beverly J. Bradshaw, Mayor Attest : Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk for the City of EDpwood. Colorado, benby c:a1ify dal& the above is a true copy of Resolution No._, Series of 2003 . -- 2. 3 . 4. 5 . ·• • • ,·-- --~2..,_:~(~_J ~-~ ~~~-1/,~~t;;3 ' Pledge of Allegiance Roll call Members: _....L....'5 present cc~,,,,. J J 4 . minutes •· • •• I • •• " . ' ) '.~ . . . . ' ·• . . . . ' . . ·• • • n kJ r--l ';t ~ . . ' ; . . . ) -, ! . . , .... ~ .. t~ .. r-~-J . ... ------~ . ' . : ' . . . ~ . . . . ; . . . . . . • • 1 . 2. 3 . 4. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MAY 19, 2003 7:30 P.M. Englewood CMc Center • Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. f/t'!t',,~ Invocation. (}~ Pledge of Allegiance. ~ • .,,ean. 5f',teuY-~ 9. Public Hearing. (None scheduled) ~ Neae no1r. lfy._ ... ......, ..... ....., .... ....._,._ .... ar.,, a, .. (303-7'2-J415)al .......................................... ,.. t • • Engiel(V,POCI City Council Agenda May.a,-i:zoo3 Page2 10.Co~~ a. Approval of Ordinances on First Reading. i. Council Bill No. 36 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving an Agreement with Centennial Water and Sanitation District for Temporary Lease and/or Re-diversion of reusable retum flows of Water. STAFF SOURCE: Stewart H. Fonda, Dfrec;tor of Utilties. ii. Council Bill No. 37 -Recommendation from the Utilities Department to adopt a bill for an ordinance granting Storm Sewer and Water Line Easements to the City of Englewood from the Englewood Environmental Foundation for the property at W. Girard Avenue and Englewood Parkway. STAFF SOURCE: Stewart H. Fonda, Dfredor of UlllilleL iii. Council Bill No. 38 • Recommendation from the Utilities Department to adopt a 6111 for an oroinance approving a License Agreement for aossing the City Ditch with an asphalt driveway at 4901 S. Lipan Drive. STAFF SOURCE: Stewart H. Fonda, Director of Ulilties. iv. Council Bill No. 39 -Recommendation from the Utilities Department to adopt a 6111 for an ordinance approving a License Agreement to lnstal a gate across the City Ditch at 3594 S. Bannock Street. STAFF SOURCE: Stewalt H. Fonda, Dfredor of Utillles. V. vi. Council BIii No, ~ · Recommendation from the Ulllltles Department to adopt a bill for anordlnance approving Qty Ditch License Agreements with Granshady, LLC. for aosslng Qty Ditch at Santa Fe and Blakeland with a 12" Denver water main. STAFF SOURCE: Stewart H. Fonda, Direclol' of Utilities. Council Bill No 41 · Recommendation from the Utilities Department to adopt a bill for an ordinance approving a Construction Easement and Water Drainage Easement for the Highline Canal Trail at Mclellan Reservoir In order for the Oty of Littleton to construct a hike/bike tral undernNth County Line Road. STAFF SOURCE: Stewart H. Fonda, Dinclor ol Utlltles. b. Approval of Ordinances on Second Reading. (}?.,#-~ i. Council Bill No. 18, accepting a 25 foot easement and right of w., for the proposed West Caspian Place. (N~ Council Bill No. 19, authorizing the sale of the property at 2133 W. Wesley Avenue . ..... .... If,-................ ...., .... ~ ........... Cllr.,h-••• (JU.76N415)11 .......................................... ,.. • • EnglewQtd City Council Agenda May~~bo3 Pagel ozJi~ iii. Council Bill No. 29, approving an Intergovernmental Agreement with Arapahoe Community College/AVS Career and Technical School for the school year 2003/2004 to build one single-family residence In Englewood. Council Bill No. 30, approving an Incentive Package for Gart Sports . Council Bill No. 32, authorizing the purchase of the property at 3629 South Fox Street. c. Resolutions and Motions. ff 11 . Regular Agenda. • J J a. Approval of Ordinances on First Reading. "'-Ml)._ ~ / Ap.£":; o«rmance, on Second Rea<in& / ~:J.-~ '!iJH 0 r~ ~S ,9.,.() 1-.. Council Bill No. 10, approving amendments to the Englewood Municipal ()A~ Code pertaining to Inoperable Vehicles . , ..... , h.._ ii. Council Bill No. 31, an emergency ordinance proh~ng the open carrying 0 ~/ of firearms in certain public areas.~ t/-/ lllllr-VA/iltLz. c . Resolutions and Motions. / ~q (..J (). . _ 1 l I k -a,ri. .,,Jecommendation from the Library Department to adopt a resolu~tlon ,rn I /Cf.,,4,f:Ji:I=.~ <,!pproving i:11 glewood Public Library's •Summer Food for Anet ~gr, .::Y f / STAFF SOURCE: Hank Long, Director of library ServiceL fcjl.~ _!/!; ii. Recommendation from the Department of Anance and Administrative Services to adopt a resolution approving the transfer funds from the 'tA~C ~rviCenter Fund to the General Fund. STAFF SOU lJf f "':,/Qlrector of Finance and Administrative Semces. iii . Recommendatio(I from the Utilities Department to adopt a resolution ()A . " a approving a sole-source contract with Mclemore Pump in an amount ~ $63,885 .00 for improvements to the Mclellan deep well pump. St 4fi,J~~~of-~'J 12 . ~V:ta( Discussion . l!JI a. Mayor's Choice. b . Council Members' Choice. rte-.-: .. ,.. ..... ......, ..... ...., ................. a, ... _ •••• (303-7'2-2415)al .................................... ,.. • • Englewood City Council Apnda May 5, 2003 Page4 13. City Manager's Report 14. GtyA$.epo<t ' Mjoomme4~ The following minutes were transmitted to Oty Council between May 2 and 15, 2003: • Englewood Liquor Licensing Authority meetings of: -August 21, 2002 -September 4, 2002 (Telephone Poll) -September 24, 2002 -October 16, 2002 (Telephone Poll) -November 6, 2002 -November 20, 2002 (Telephone Poll) -December 4, 2002 -December 18, 2002 (Telephone Poll) -January 8, 2003 -February 5, 2003 (Telephone Poll) -February 19, 2002 -March 5, 2003 (Telephone Pol) -March 19, 2003 (Telephone Pol) -April 2, 2003 (Telephone Pol) -April 16, 2003 (Telephone Pol) Englewood Cultural Arts Commission meeting of April 2, 2003 Englewood Housing Authority meeting of April 2, 2003 Englewood Public Library Board meeting of April a, 2003 Keep Englewood Beautiful meeting of April 8, 2003 Englewood Transportadon Advisory Committee meeting of April 10, 2003 Englewood Parks and Recreadon Commission meeting of April 10, 2003 ......... ,.. ...... ......, ...... ....., ........... =,:: .. (31J.76N411)•..........................,. I