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HomeMy WebLinkAbout2003-07-21 (Regular) Meeting Agenda PacketRegular City Council Meeting July 21, 2003 Ordinance# ~49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59 Resolution/~~~ ~3, 74, 75, 76, 77, 78, 79, • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar s-lon July 21, 2003 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7 :33 p .m. 2 . Invocation The invocation was given by Council Member Nabholz. 3 . PledgeofAUepance The Pledge of Allegiance was led by Mayor Bradshaw. 4 . RoUCaU Present: Absent: A quorum was present. Also present: 5 . Minutes Council Members Nabholz, Moore, Grazulis, Garren, Wolosyn, Y urchick, Bradshaw None City Manager Sears City Attorney Brotzman Assistant City Manager Aaherty City Clerk Ellis Fire Division Otief Lockwood Director Oryglewicz, Finance and Administrative Services Director Kahln, Capital Projects Director Fonda, Utilities Senior Manager Dannemiller, Community Development Director Eaton, Human Resources Senior Planner Langon, Community Development Director Black, Parks and Recreation (a) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 7, 2003. Mayo r Bradshaw as ked if there were any corrections or additions. There were none. Vote results: Ayes : Nays: Mo tion carried . 6. Sdleduled Vllllton C ouncil Members Nabholz, Moore, Garren, Wolosyn, Yurchick . Grazulis, Bradshaw None (a) Alice C orns said I have some information I would like to give Council reprdina the Pl ans. F irst of a ll , I am here regarding the South Platte River Open Space Plan. I represent Radcliff -- Englewood City Council July 21, 2003 Pagel Properties, Radcliff Southeast Properties, Hornet Enterprises, 2150 Radcliff Properties and Colorado Auto and Parts. I thank you for this opportunity to speak. I will be the first to admit that I am not a public speaker, so I have written what I have to say to you, so that I make sure I don't miss anything. I'm greatly concerned about the Englewood South Platte River Open Space Plan that is up for possible adoption tonight. Should the Council approve this Plan, thinking that the Englewood Planning Commission has alr.:ady listened to the public, included the public and made a rational decision for apprnval , you are completely wrong. I hope each of you have read this Plan in its entirety. I have made copies of the minutes of the February 251h hearing, the minutes of the "Public Hearing" on May 2o* and I also attached a copy of the agenda for the May 2011, hearing, as well as copies of a letter I wrote to each of you. I want to make sure that you are completely informed, and I don't know how much you have read or learned about this Plan. Hopefully, she said, your staff has already made copies for you. but I am not sure. Even information within the Plan is incorrect. but no one cares. Originally the Plan was about the South Platte River Recreation beautification, trails, etc., or so everyone thought. Somewhere it changed from its original vision, she said, and the complexity of these changes have never been communicated to those it affected. It is now, almost completely, about redevelopment. Your staff continually misled your Planning Commission, as well as, landowners and busines&eS . Ms. Corns stated that when the direction of the Plan changed, the title should have been changed to: Englewood's Opportunity To Take Additional Land and Control of the City of Sheridan and Arapahoe County. The strong arm of your government has more than begun again. as a very small portion of this Plan has to do with the river and about two thirds of this Plan's area isn't even within the Englewood city limits. I have been told that some of you believe Englewood's intimidation tactics occurred a long time ago. They did, but they are still ongoing. Condemnation of land, and taking over land area outside of Englewood, is nothing new, and this scares all of us . Just look at the Englewood Golf Course. It is completely located outside the City of Englewood city limits, and it is completely inside the City of Sheridan. The new baseball and soccer fields next to Centennial Park is on land condemned and taken by Englewood, within the City of Sheridan city limits. Englewood is in a financial hardship and you can't be allowed to benefit from a land area takeover under false pretenses. This is not about open space and parks. It is about Englewood wanting revenue and where they can get it. A few years ago, a large landowner along Union Avenue, within Sheridan, considered developing his property. He needed utilities and was able to get sewer. He needed to bring in water and right along his property at Union, is Englewood 's water line. He wasn't within Englewood, thus you would have nothing to do with him. In February 2003 at an Englewood Planning Commission Public Hearing on this Plan, everyone who signed in was opposed to the Plan, and no one spoke in favor of the Plan. It didn't matter, she said. your Planning Commission didn't hear or they didn't want to listen. I have enclosed those minutes for you. In May of 2003 , at a supposable continuation of the February 2003 hearing ... I say supposable, because members of the Planning Commission, City of Sheridan Council members and Mayor, landowners and business owners, understood, according to your staffs publication of the agenda, that it was a Public Hearing ... but, at this meeting , we were told it was a typo on the agenda . Yeah, right. Kells Waggoner and your City Attorney made it perfectly clear that no one was allowed to speak. These minutes are with the copies I also gave you . All of this information is in there. After this meeting in May, I was co mpelled to send all of you ... the Planning commissioners, council members-both in Englewood and Sheridan, and thi s area's Arapahoe County Commissioner Susan Beckman, a letter. I feared that all the detail s would not be openly shared with you. I also wrote, and got published, an editorial in the Englewood Herald so that the citizens would know what you, or at least some of you, are up to. I was shocked to learn that the members of your Planning Commission didn't know that you had previously condemned, and taken land, outside your City. Do all of you know that you do that? Even Arapahoe County Commissioner Susan Beckman told me that she didn't believe a city could do this outside their city. Well, we all know you can and you do. A more recent example o f Englewood's continued efforts, to not work with others, was just July 8 , 2003 . In Sheridan there was another southeast Sheridan landowners' meeting to try and bring needed utilities into our area . Sheridan had made arrangements with John Bock, of the Enalewood Utilities, to attend . Guess what? He didn't show up. I wonder why ? He forgot . ri&ht? We know about the Arapahoe County proposed quarter % sales and use increase tax to be on the November balloc and what it potentially means to Englewood. The lack of guidelines, regarding municipalities' use of money. is very di sturbing . especially when you know the potential impact of condemnation. It is not forbidden with thi s tax . Because of the past hi story with Englewood. the intentions of this tax, and the poccntial implications from these fund s. are extreme. I will do what I can to inform voters. and voters do liilell. Within days of the meeting in May. the Planning Commission voted 4 -3 to pass the Plan , Mayor Bradshaw said llhe .. ' • • Enalewood City Council July 21, 2003 Pqe3 already knew th at this Council would approve this Plan. An Englewood Council person did call me and confirm that it was predetermined to pass. I have been told that four members of this CllffCl!t Council will not be a part of this next Council, so they arcn 't worried about their decision, or how it might effect their re-election . No one is listening. You have said that Sheridan's govcmmcnt says it can't happen within Sheridan, without Sheridan's Planning Commission's approval and their Council approval . Most of us, if not all of us, don't trust Englewood in what they say and what they do, for obvious reasons. Why arc you planning so much outside your City, if you can't dictate to Sheridan? There is more behind Englewood's motives for this Plan. It is not about the river or even for the benefit of the river. Sheridan is a small city, and changes of officials, as well as staff, happens frequently, as you know. And possibly, some day you will slide this by them. I don't know that all of you would, or could do this, but why give someone that chance? Stop intimidating. You can start by just dealing with and within your City's boundaries. I hope this evening, members of your Planning Commission arc here or maybe they have talked with you in private about what happened with this Plan and how they too, were misinformed by your staff, along with other municipalities and landowners. I'd like to hear what they have to say. This Plan before you is not a vision, as Kells Waggoner and many may insist. Visions start ... they arc put on papcr ... and they become the way it is. This is a very bad plan and it was put together in a not so honest fashion. It did not involve just the river and should never have been made to look like that. If you haven't reviewed it in its entirety, the Plan itself and the information I gave you tonight, you don't know the story. You need to be informed and too much information is not a problem, but not all of the information being shown is a mistake. I respectfully ask that you do not approve the South Platte River Open Space Plan and do the right thing and be involved, and informed, on how it got this far . Thank you, she said. Mayor Bradshaw thanked Ms. Corns. (b) James Johnson was scheduled to address City Council. He was not present. ••••• Mayor Bradshaw said Safety Services Division Chief Lockwood is talking to us this evening about the upcoming RTD Disaster Drill . (c) Safety Services Division Chief Kieth Lockwood said I am here tonight to invite you to a disaster, which is something I am sure you all look forward to . Safety Services, in conjunction with RTD, have gotten together as part of the Homeland Security and we arc going to be doing a disaster drill. It is scheduled for August 2nd, which is a week from Saturday, at the Gan Sports area, where they have two buildings and a parking area . It is going to be a multiple agency drill. involving what we call a dirty bomb or weapons of mass destruction. This is part of Homeland Security and it is intended to test several different systems. It is not just to go in and sec if we know what we can do. There are also a lot of communication systems within the area hospitals, within RTD, within the internal part of the City of Englewood, as well as with the other agencies that will be interacting. There is going to be a VIP area set up, in there close enough where you can sec first hand what is going on. It is a restricted area, so if you have any intentio n of coming in, even if ii is for a short period of time, I need you to RSVP to the City Manager's Office and it will be forwarded to me . I will make sure that you have the clearance to get in to sec what you need to sec. II is a drill, it's not for real. He asked if there were any questions . Mayor Bradshaw asked if this is in response to the train derailment that we had. Docs it have anything to do with that ? Chief Lockwood responded that the only relationship with that, is that I made the connection with RTD following the derailment, to try to answer some questions, and what have you. And the timing just happened to be right. They were looking for someone to host a drill in the south corridor area . So, he said, 10 answer your question , no it is not , it is strictly just involvement of the light rail. Mayor Bradshaw asked if there were other questions for Mr. Lockwood . There were none . • • Englewood City Council July 21, 2003 Page4 0 (d) Tim Sullivan said I live at 2020 West Wesley Avenue, in Di strict I . I would like 10 address Council thi s evening concerning the proposed occupational privilege tax . I do not stand here tonight either for or opposed 10 this issue , but rather as a concerned citizen. This issue is one to be decided by a vote of the people, he said, rather than business special interest or a legislative branch of our government I would like 10 respectfully request that I be allowed to present petitions IO the Council signed by your constituents, which clearly states our desire, as the citizens of the City of Englewood , to have you bring this issue to a vote of the people. In this time of budget crisis, we strongly feel that if service cuts are necessary, we the people, through our constitutional and City Charter rights, have to vote on this issue. In this respect, the burden would fall on us , the people, rather than 011 business or the Council. This petition also includes, in the event it should pass, our desire that Council revisit this issue, when the Trolley Square bonds pay off or the City's financial condition improves . I would request permission to approach the dais with these petitions, which are the first, of what I feel very confidently, will be more petitions, before the final decision is made. Mayor Bradshaw asked Mr. Sullivan to present the petitions to the City Clerk. She thanked Mr . Sullivan . Mr . Sullivan said thank you , I appreciate your time. 7 . U1111Cbeduled Visitors (a) Alexandra Habenicht, 515 West Tufts Avenue, said thank you for the opportunity to address Council on this matter of vital concern. I've been following the issue of putting a head tax on the ballot, to address budget shortfalls and the sluggish economy, as it relates to the operation of the City and its services. While I had some reservations in the beginning about a head tax, as I have become more informed about it, I have become increasingly supportive and impressed by Council's intention to move ahead with this as a ballot issue. Specifically, I am impressed by : (I) the sensitivity City Council is showing to lower income wage earners by exempting them from the tax, (2) the knowledge City Council has shared in learning that neighboring cities, and that's plural, have head taxes, and (3) most recently hearing of City Council's responsiveness to members of the business community, by considering lowering the request from $5.00 to a figure closer to $3.00, in an effort to be more in keeping with the taxing level in neighboring communities, and (4) the severity of the immediate budget situation. And so, she said, I come ' to you today and Ufge your consideration of lowering the suggested tax from $5.00 to an amount more in alignment with our municipal neighbors . Also, since the business community has raised concerns about the extra bookkeeping this tax could entail, I would like to urge Council's assurance IO keep the form, and mechanism , for collection. brief and straightforward. Perhaps, even limiting collection IO every six months, especially for smaller businesses, so that compliance need not be cumbersome. And, because I believe that the extent of the budget concerns is relatively short lived, since our local economic growth through redevelopment is moving forward, I would urge Council to consider placing a sunset,of from three to five years, on this tax . It is important, I believe, to remember that in Englewood, even with an increase, our bu si nesses pay much lower water rates than they do in their home cities, or other cities. And the services Englewood provides are exceptional and business friendly . Our City's economic development programs and expenditures have gone a long way toward making and-keeping Englewood an attractive City for businesses and their customers, with little or no additional cost to our businesses. It really seems appropriate for the business community 10 be called upon IO mitigate their use of services, with the signifi cant daytime increase of population . through this relatively low tax , especially viewed in the context of our lower water rate s. Since ii is our resident citizens who support our wonderful businesses, not only with our patronage. but also with our votes. for the high level of quality services necessary to support a vibrant business community. Culling services and programs can only harm our citizens and our economy, and our businesses. With the improvements continuing at Cinderella City ... City Center Englewood ... along Broadway and elsewhere in the City, our local economy will continue to improve. It 's time for businesses and citizens to be supportive. And I, for one, am supportive of the City of Englewood. its residents and it s businesses. And , members of the City Council, I am supportive of you, our very responsive and responsible City Council. I support and encourage you to move forward with this occ upational privilege tax, putting it on the ballot, giving our citizens an opportunity to make themselves kn own and heard . and supportive again. of our great City of Englewood . Thank you. she said. Englewood City Council July 21, 2003 PqeS Mayor Bradshaw thanked Ms . Habenicht. (b) Anita Halick , 782 East Amherst Place, said I have been a resident at Bates Logan neighborhood for four years now . Last year when the dog-off-leash program started, a number of the neighbors had called in and voiced their concerns . Unfortunately, our concerns have only grown within the last year and that is why we arc here tonight . We, as members of the community, arc asking you to vote for a win-win solution. We do not know how other parks arc faring with this program, but the Bates Logan Park is no longer a park for people and for dogs. After speaking with my neighbors, I was amazed because I had a 98 % favorable vote to move the dog-off-leash program from this park to two other alternate sites, which arc very close to this neighborhood . The first one was at Clarkson and Amherst Avenue, which is an open green space, and the other one is over 111 Bates and Emerson, which is also an open green space. We find this a win-win solution, because those two green spaces arc not used heavily by people and it is still large enough for dogs to be able to run freely, without people being asked to constantly curb their dogs. What I have found over the weekend, speaking with the people at the park and also in our neighborhood, is that the dog owners arc becoming increasing frustrated , because they arc being asked to curb their dogs all the time, because the Bates Logan Park is such a heavily used park by children and families. What I'm finding out. from the families, is that they arc no longer going to the park, as they arc afraid to let their children play there, because so many of the dogs arc at the same eye level as the children, and the children arc afraid to go now. I can attest that my son has come home many times crying, because he has been chased by dogs and doesn't know what to do. The other thing that I found interesting, is that the seniors no longer go there. We have a heavy senior population in this neighborhood and they have told me that when they go for their morning walks for exercise, they have been knocked down by the dogs. So, she said, we arc asking you to consider moving this to one of the other two locations in our neighborhood. The community felt so strongly that this weekend they were willing to sign a petition, which I would like to give to you. They have asked me to return the park back to a place where people and dogs can cohabitate. And they want to know why this was never brought up for a vote and why this was imposed upon them. Thank you, she said . Mayor Bradshaw thanked Ms . Halick . (c) Matt Schutte said I am a resident at 5045 South Hawthorne Street, in the southwest section of Englewood. I have addressed you before, in the two public meetings that we have had on the head tax issue and I am just here to reiterate two of my points, that I would really like to be considered on this . As a resident, I am against the head tu and, as an employee, I am also against the head tax . Two main reasons I am against it, is that it hurts small businesses and the lowest paid employees in Englewood, the most. And, I think that is something we should consider. The second one, is that it docs not stabilize the tax base for the City of Englewood, but ir actually makes it more dependent on the businesses and what the businesses generate. As of now, somewhere between 63 % and 66 % of the City's revenues come from the sales tax that's generated by the businesses within the City . Head tax will add another 7 %, which could bring the to tal revenues that the City relics upon the businesses to generate, up to 70 % of their revenues . Therefore, if you pass the head tax , it doesn 't stabilize, but destabilizes the tax base because it makes it more dependent upon businesses. If the sales tax revenues fall more, most likely the employee numbers will fall . Therefore, you will lose more money out of your revenue base, and possibly provide a bigger dilemma in the future . Therefore, I would just encourage you not to put the head tax issue on the ballot. Thank you for your time, he said . Mayor Bradshaw thanked Mr . Schutte . (d) Mary Carter said I am the Mayor of the City of Sheridan and my address is 3195 South Clay Street in Sheridan. Tonight you have on your agenda, approval of the South Plane River Open Space Plan . The City of Sheridan participated in preparation of this Plan for several months and agrees wholeheartedly with any and all efforts to preserve and protect the River Corridor. However. our City has mo ved in several new directions s ince final preparation of this Plan took place. As I advised your Plannina Commission, prior to the approval of the Plan, the City of Sheridan has obtained a grant for prq,aration of a new Comprehensive Plan for the city updating the old 1986 Plan. The update is on schedule and the rcsuhs will be available in mid -January 2004. In the meantime. a petition from several citizens of Sheridan wu t ... .. . • • Eaaiewood City Coundl July 21, 2003 Pqe6 received by City Council asking for the creation of an Urban Renewal Authority to cleanup an area of our city and to attract commercial retail development to that area . In response to that petition, City Council authorized the preparation of a Blight Study, which has been completed and reviewed by City Council. Blight was found in the area and a Public Hearing on the findings of blight and formation of an Urban Renewal Authority will occur this Wednesday, July 23~. The area encompassed by the Blight Study, which is to be the area of the Urban Renewal Authority, runs from Santa Fe west to the river and Oxford north to Hampden . We recognize that this area is a large pan of the South Platte River Open Space Plan. The Open Space Plan has always been presented u a vi&ion. The City of Sheridan expects to use this vision in its plans, but reserves the right, speaking OI! behalf of ill citizens, to make changes in that vision . Economic development is an imponant factor in urban living, and ia much needed in the City of Sheridan. We feel that cleaning up this area of our City, and introducing a commercial retail development, will give the City of Sheridan the financial stability it needs to provide its citizens with the amenities they deserve. If any of you would like further information regarding any of these matters, please do not hesitate to conlaet me or our City Manager Jim Sidebottom. Thank you, she said. Ma)'OI' Bradshaw said thanked Ms . Caner. (e) Kelly Aynn said thank you very much for hearing what we have to say. I live at 2109 South Clarkson Street, in Englewood . First I would like to start off by mentioning how much I appreciate the improvements that have been made in the area and how much my family and I utilize every bit of it. So. thank you, number one, for that. Number two, I am also concerned about the off-leash program at Bala Lopn. I've lived here for five years and spent numerous houn there. I, at first, thought it was kind of a cute little doggie playgroup. but it has become a health and safety issue for me personally as well . I would like to also say that I do think that giving the dogs a place to play is a wonderful thing for our community . However, I don't think it is working in this particular area, due to the playground and the children. u well u the fecal issue and the safety and health matters . I am all for moving it somewhere nearby. or maybe curbing it to a certain hour of the day . Maybe certain hours in the morning and certain hours in the evening where dogs would be allowed to be off-leash. Thank you for your time and have a pat day. she said . Mayor Bradshaw thanked Ms . Flynn . 8. Ca (a) considered. A proclamation declaring Tuesday, August 5, 2003 As National Night Out was COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO DECLARE TUESDAY, AUGUST 5, 2003 AS NATIONAL NIGHT OUT. MOIIOII carried. Ayes : Council Members Nabholz, Moore , Garrett, Wolosyn , Yurchick , Grazulis , Bradshaw Nays : None Ma)or Bradshaw presented the proclamation to Crime Prevention Officer Nancy Petcnon. yo, Bradlluw thanked Officer Peterson. She said for those of you in the audience, who don't know this IIIC:Nldable . She is the life force of our National Night Out. How many blocks do we have ,ed~ Of'flCff Peterson responded that we should have close to 300. Mayor Bradshaw said 300 blocks .. «-ty participate in our National Night Out and a lot of the credit goes to Nancy , because she Jl1 )( h(..t. 1he block captains and never lets us rest. We always have to be answering to her . But, it is cl orth 11 Tilanlt you Nancy, so much . she said . Enalewood City Council July 21, 2003 Pace7 Officer Peterson said I have so meth ing that I would like to pass on to Council. She said it is information on a benefit golf to urnament for Brian Mueller, which I thought you might be interested in ... to he part of that. (b) A proclamation reappointing James Goodrich to the Englewood Code Enforcement Advisory Committee was considered . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO REAPPOINT JAMES GOODRICH TO THE ENGLEWOOD CODE ENFORCEMENT ADVISORY COMMITTEF. RESOLUTION NO . 69, SERIES OF 2003 A RESOLUTION REAPPOINTING JIM GOODRICH TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . Vote results: Ayes : Council Members Nabholz, Moore , Garren , Wolosyn, Yurchick, Grazulis, Bradshaw Nays : None Moti on carried . Mayor Bradshaw thanked Mr . Goodrich for volunteering again . She presented him with a certificate and City pin . 9. Publk HeariOI No public hearing was scheduled before Council. 10. Consent AJleoda (a) Approval of Ordinances on First Reading There were no additional items submined for approval on first reading . (See Agenda Item 11 -Re,ular Agenda .) ••••• COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (I) AND 10 (c) (I) and (II), (b) Approva l of Ord inances o n Second Read ing (i) ORDINANCE NO . 48 , SERIES OF 2003 (COUNC IL BILL NO. 46. INTRODUCED BY COUNCIL MEMB ER GARRETT) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COMMISSIONERS OF ARAPAHOE COUNTY , COLORADO. BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER . AND THE CrrY OF ENGLEWOOD, COLORADO , TO CONDUCT A COORDINATED M AIL BALLOT ELECTION ON NOVEMBER 4, 2003 . (c) Re so lut ions and Motions (i) RESOL UT ION NO. 70. ERlES ) A RESOLUTION APPROVIN G T HE PR OPOSED CHAN0ES ADOrT APPROVED DEVELOPMENT RE VIEW APPUC' TION SCHE00U. TOPIU: K)U y ,. t • • F.nalewood City Council July 21 , 2003 Pqe8 (ii) PURCHASE OF A PLANT OPERATIONS DATA SYSTEM. AWARDING CONTRACTS TO OSlsoft (AS THE HISTORIAN) IN THE AMOUNT OF $96,331 .00, AND OPS SYSTEMS (FOR THE REPORTING TOOL) IN THE AMOUNT OF $44,450.00, FOR A TOT AL SYSTEM COST OF $140,781.00. Mayor Bradshaw asked if there were any comments or questions . There were none . Mayor Bradshaw asked if anyone wanted to pull an item off of the Consent Agenda . No one did . Vote-at.: Ayes : Nays: Motion carried. Council Members Nabholz, Moore , Ganen, Wolosyn , Yurchick, Grazulis, Bradshaw None 11. Regular Agenda (a) Approval of Ordinances on First Reading (i) Director Gryglcwicz presented a recommendation from the Department of Finance and Administrative Services, City Clerk's Office, to adopt a bill for an ordinance submitting to the registered electors of the City of Englewood a question on the November 4 , 2003 ballot regarding publication of City ordinances . He said this bill for an ordinance, if passed, places a Charter question on ballot asking voters to make changes to Section 40 of the City Charter. This change would allow Council the option of either publishing bills for ordinances in full, or by reference, and hopefully could save tbc City some funds. Mayor Bradshaw said the full bill would be available in the library and other places . This is just to stop 111 from publishing it in the newspaper . Any questions? Council Member Wolosyn said1I think we should add thl)t it doesn't mean wc will never publish a bill . It will give us the option to make a decision . Mayor Bradshaw said wc would have tbc option to publish it City Clerk Elli s said wc would continue to publish by title, on second reading, as we do now. But this would give us the discretion, as to whether we would publish the ordinancc,.on first reading. by tide or in full. If we have something of significant size , particularly attachments , we would be looking at that. W e arc not looking to do away with publicati ons, in the Herald , entirely. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AG ENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 34. COUNCIL BILL NO . 34, INTRODUCED BY COUNCIL MEMBER GRAZULIS A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTOllS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PltOl'OSEl) AMENDMENT TO ARTICLE V. SECTION 40, OF THE ENGLEWOOD HOME RULE OtAIITEJl Vote results: Motio n carried . Aye s : Na ys: Council Members Nabholz , Moore, Omen. Wolollya,. Yurchick, Grazuli s. Bradshaw None (ii ) Director Gryglewicz presented a~ ha .. 0.,. (JI Finance and Administrative Service s, to adopt a bill for an ordinance sublaiai• IO * ....... -.n • t , • •. • • Englewood City Council July 21, 2003 Page9 of the City of Englewood a question o n the November 4, 2003 ballot eliminating outdated language in the City Charter regarding Surplus and Deficiency Funds. He said if this passes , it will place a Charter question on the ballot that asks voters to eliminate obsolete language in Section 109 of the City Charter. This language was put in place when the City had a number of special paving and other districts. Currently, the City has one and this is obsolete language that can be eliminated. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (II) -COUNCIL BILL NO. 35. COUNCIL BILL NO. 35, INTRODUCED BY COUNCIL MEMBER GRAZULIS A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED REPEAL OF ARTICLE X (FINANCE ADMINISTRATION). PART Ill (BONDED INDEBTEDNESS), SECTION 109 (SPECIAL OR LOCAL IMPROVEMENT DISTRICT BONDS; GENERAL BENEFITS; SPECIAL FUND), 9F THE ENGLEWOOD HOME RULE CHARTER. Council Member Wolosyn said I have a rhetorical question. What is to prevent us from never being in a situation where we have a lot of special districts again? And if we did, I guess we could put something like this in again. Director Gryglewicz said you could put it in again, but what this does is, it takes a certain proportion of the outstanding bonds and holds them in this special fund ... if those funds are available ... just for the insurance of paying the bonds. In general , it really isn't needed. I think it was put in place.just because there were so many done at one time. It was done when the City was doing a lot of paving projects and sidewalk projects. In the foreseeable future, we probably won't have that again. We have one outstanding project right now, which is Paving District No. 38 and that has more than enough outstanding revenue to pay off those bonds. There are none foreseen right now, he said. Mayor Bradshaw asked if 1hcre were any other questions. There were none. Vote results: Motion carried. due 10 a conflict. Ayes : Nays : Council Members Nabholz, Moore, Garrett. Wolosyn, Yurchick, Grazulis, Bradshaw None (iii) Council Member Garrett said he would not be participating in this Agenda Item Mayor Bradshaw said that Council Member Garrett has recused himself from participating in this, because of a conflict of interest Assistant City Manager Flaherty presented a recommendation from the City Manager's Office to adopt a bill for an ordinance submitting to the registered electors of the City of Englewood a question on the November 4. 2003 ballot regarding an Occupational Privilege, Tax. He said I am here this evening to present Council Bill 48, which would place a tax initiative on the November ballot to allow voters to decide on the impY'.ornentalion of an occ upational privilege tax . As proposed, the occupational privilege tax would tax both the employer and the employee $5.00 per month . Mayor Bradshaw asked if there were any questions. Council Member Graz uli s asked ho w do we change the amount . Council Member Wo losyn said I would prefer not to move it at this time. I don't know what the rest of the Co uncils ' pleasure is. Council Member Nabholz said I second that. • • Englewood City Coundl July 21, 2003 Page 10 In response to Mayor Bradshaw, Council M~mber Moore said he agreed. Mayor Bradshaw said with Mr. Garrett recusing himself from this, we have to have four people to even get it on the table and I hear three people say no . City Attorney Brotzman said the discussion was about bringing this back as a resolution on August 18"'. Mayor Bradshaw said yes, August 18th and there can be, absolutely, no changes aft.er that point. Council Member Grazulis said I would like to change the amount somehow. Do we do it at a Study Session? City Attorney Brotzman said it will actually be presented at the next Study Session. Mayor Bradshaw said maybe we should go ahead with the public process . We did it in the Study Session. My concern was that $5.00 was too high .. .I proposed $2.SO ... and Council said they did not have enough information to go further on this, at that point. But, Council Member Grazulis said, this will just move it ahead. Mayor Bradshaw said you can move ii, I'll second it and they will vote it down. So Council is asking that this come back as a resolution. We want to look at the August financial statements. Sec how we arc doing then. But, she said, I think it was Council's consensus that it would be less than $5.00. I think that is a fair statement. So, we arc not voting or1 this. We are going to have it come back in resolution form . City Attorney Brotzman said there arc actually three more Study Sessions prior to that. Mayor Bradshaw said three more Study Sessions prior to that, and that should give us more than adequate time for information. Thank you Mr. Flaherty, she said, for all your work. COUNCIL DIRECTED STAFF TO BRING THIS ITEM BACK AS A RESOLUTION ON AUGUST 18, 2003. (iv) City Attorney Brotzman presented a recommendation from the City Attorney's Office to adopt a bill for an ordinance submitting to the registered electors of the City of Englewood a question on the November 4, 2003 ballot regarding the collective bargaining impasse process . He said, currently, if one of our unions and the City reach impasse, the matter goes to an arbitrator. The proposal under the Charter change is to have the impasse language actually go to a vote of the citizens. Mayor Bradshaw said "dollar wise': what is the difference? If we go to impasse, it costs us $14,000.00. If y.,e go to this, the money is the same. Is that correct? I thought it was a wash . Attorney Brotzman said it generally is . COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Iv) -COUNCIL BILL NO. 33. COUNCIL BILL NO. 33. INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE XV. SECTION 137, PART 6, OF THE ENGLEWOOD HOME RULE CHARTER. Mayor Brads haw asked if there was discussion . ... .. EnaJewood City Coundl July 21, 2003 Pqell Mayor Bradshaw said we used to have a Career Service Board. I think that complicated things, and yet, I felt like maybe the cmployccG felt like they had better due process. We don't have a Career Service Board now. Therefore, every time we go to an arbitrator, what happens is, the arbitrator either chooses what the City has offered or what the Association has offered. and there is no middle of the road . So , wc feel that if the City and the Association can't get together, the citizens need to vote on it, and not an arbitrator. So that Cllplains it in a nutshell, she said. Vote raults: Motion carried. Ayes: Nays: Council Members Moore. Garrett, Wolosyn. Yurchick. Grazulis, Bradshaw Council Member Nabholz (v) Director Kahm presented a recommendation from the Department of Public Works to enter into a real estate agrccmcn! to purchase the Herbcrtson property at 2800 South Platte River Drive. He said the City of Englewood has been working with the Hcrbertson family since 1969 on the lease of approllimately 17 .8 acres of land at 2800 South Platte River Drive. The property was originally acquired to allow us to build a service center ... a garage operation for the City. Subsequent to that, wc worked a shared use agrccmen1 wilh the Bi·City Plant For the past several years, about half of that property is used by the ScrviCcnter and half by the Bi-Ci1y. The inilial term of the lease runs ou1 this nellt year. There is an oplion to renew it for IIIIOlher 35 years. Bui as wc looked al the lease, we realized that the weakness of the lease was 1ha1, at the end of the term, the property owner would own all of the improvemcnls. So they would own our ScrviCenler and a big piece of our Bi-City Plant I talked to Council earlier this year, and they asked me to go ahead and try to pu1 together a purchase agreement with Hcrbcrtson. at this point in time. An appraisal valued the land at $2 .3 million . Staff has been able to secure a contract with Mr . Hcrbcnson. for $1,2115.000.00, to plU'Chasc it at thi1 point in time. You have in your packet a copy of the contract and if you approve an ordinance to that effect this evening. this property could close as early as Auaust 28• of this year. he said. Mayor Bradshaw said the ServiCentcr would be a City ellpcnse, but a portioo of the Wastewater Trcatmcnt Plant land would be split between the City of Englewood and Littleton. Is that correct? Director Kahm said that is correct. At thi s point in time, wc are suggestina that the City purchase the property, since we have the lease. out of the General Fund. And then the City would work with the City of Littleton and Bi-City to negotiate an agreement as to how they will reimburse the City for their Cllpcnditurc. Mayor Bradshaw said, so, the Ci1y would not be laying out all $1.2 million? Director Kahm said we would initially, but we would be recovering some of thal over the nellt few months. City Manager Scars said those negotiations arc going on . The representatives from Littleton were s upportive of going ahead with negotiations and, as Mr. Kahm has indicalcd, we are taking a comprehensive look al all the pieces of the site. to parcel out the best way of approaching this from both cities· viewpoint. It is my intention that we actually do come back. in a relatively short period of time ... within the nellt month. hopefully, with a proposal for the Bi-City Plant to actually acquire the portion that they would be responsible for . Mayor Brads haw said that would be a scpara1c Enterprise Fund that would be buying that. City Manager Scars said it would be the Bi -City Enterprise Fund ... it is actually our Wastewatcr Department. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (v)-COUNCIL BILL NO. 50. t • • Eqlewood City Council July 21, 2003 Pqe12 COUNCIL BILL NO. SO, INTRODUCED BY COUNCIL MEMBER GRAZULIS A BILL FOR AN ORDINANCE AUTHORIZING TIIE PURCHASE OF HERBERTSON PROPERTY BY TIIE CITY OF ENGLEWOOD, COLORADO . Mayor Bradshaw asked if there was any discussion. Council Member Moore said I just want to confirm that second step ... that they will be coming back for Council's approval of the agreement with Bi-City. City Attorney Brotzman said it is a purchase of land, so it will, absolutely, come back to Council. Votermdls: Motion carried . Ayes : Nays: Council Members Nabholz. Moore, Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw None (vi) Director Fonda presented a recommendation from the Water and Sewer Board to adopt a bill for an ordinance approving sewer rate increases for 2004 through 2008. He said they are recommending Council approve these sewer rate increases to cover payments on bonds that would be used for the expansion and a higher level of treatment at the Wastewater Treatment Plant. We will be splitting the cost of construction with Littleton and we will each pay about 50%. Our share will be in the range of $50 to $60 million. The sewer rate increases have been spread out over a number of years. Instead of having a large increase in one year, there would be I5% each year through 2007 and 14% in 2008. The 14% will also allow the increase in administrative fees, to the Utilities Department to the Sewer Fund, he said. Mayor Bradshaw said a 15% increase, for those in the audience, is around $4.00 for three months. That is what a 15% increase means. Mayor Bradshaw asked if there were any questions for Mr . Fonda . 'There wm: none . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (vi) -COUNCIL BILL NO. 49. COUNCIL BILL NO. 49, INTRODUCED BY COUNCIL MEMBER WOWSYN A BILL FOR AN ORDINANCE AMENDING TITLE 12, CHAPTER IA, SECTION 4 ; TITLE 12, CHAPTER ID, SECTION I ; AND TITLE 12, CHAPTER 2, SECTION 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE WATER AND SEWER SECTION, AND INCREASING SEWER RATES . Vote results: Ayes: Council Members Nabholz, Moore, Garrett, Wolosyn. Yurchick, Grazulis, Bradshaw Nays : None Motion carried. (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 10 • Consent Agenda .) ( c) Resolutions and Motions • • 0 Eaalewood City Counc:U July 21, 2003 Jtaae13 ·• • (i) Director Fonda presented a recommendation from the Water and Sewer Board to adopt a resolution approving an increase in water service charges. He said the water rate increase is needed to maintain our coverage on our bonds next year. We would recommend that it would commence October I" of this year. The increase would be 16% this year and it would be 6% in 2005. This will allow us to do a number of capital items that arc necessary to maintain the infrastructure, especially in our overhead storage reservoirs . This also includes an administrative fee, he said, and that is included in the 16%. Mayor Bradshaw said okay, that 16% increase would be approximately $4.85 per quancr. Council Member Moore pointed out that even with these increases, we will still be substantially below the Denver metro area, for both water and sewer rates. Council Member Yurchick said the thing I find interesting is that Littleton is our partner and we arc substantially lower than they arc, on the sewer rates. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 71. RESOLlITION NO. 71, SERIES OF 2003 A RESOLUTION ESTABLISHING FEE SCHEDULES FOR WATER SERVICE FOR THE CUSTOMERS OF THE CITY OF ENGLEWOOD, COLORADO. Vote results: Ayes: Nays : Motion carried. Council Members Nabholz, Moore, Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw None (ii) Senior Manager Dannemillcr presented a recommendation from the Community Development Dcpanment 10 adopt a resolution approving the South Platte River Open Space Plan. She said as you know, the Plan evolved out of a request from City Council to direct a long range vision for the South Platte River Corridor. The Plan before you tonight accomplishes that Council goal and also provides for one implementation item of the recently adopted Roadmap Englewood: 2003 Englewood Comprehensive Plan, where a major objective in this Plan is to preserve, utilize and improve the South Platte River Corridor. Public support and review of this Plan was accomplished through four opportunities. Development of the Plan by a Public Steering Committee, which you have listed in your packet, a Public Open House and review of the project goals and objectives, which took place in January of 2002, a Public Open House and review of the draft concepts and draft Plan in August 2002 and finally a Public Hearing by the Englewood Planning Commission in February of 2003 . On May 20, 2003 , the Englewood Planning Commission forwarded to City Co uncil Case CP2003 -l , with recommendation for approval . The Plan itself progressed through five sequential phases : Inventory and Assessment, Goals and Objectives. Development of Plan Alternatives, Development of a Preferred Strategy and Implementation Tools and Strategics. The Plan recognizes both the importance of open space and recreational rcsourccs, to the economic sustainability needed for the corridor to survive. The mix of both natural and economic resources provides for three primary components in the Plan : Trails and Connections. Parks and Open Space and Redevelopment. I won't take a lot of time, she said, but I think it is important to actually note some of the improvements that arc recomll'l'Jnded in these three areas. In the Trails and Connections vision. we recommend increasing the capacity of the network of the trails on the adjacent riverside, linking trails to development sites and improved access and safety on the trail. In the Parks and Open Space section. we recommend new parks , improving existing corridor. by integrating green finger linkages to tbc redevelopment areas. improving existing riparian habitat , buffer existing uses and development of an environmental educ atio n facilit y alo ng the river . Finally. the third critical clement of the Plan, Redevelopment. recommends the co-existence of redevelopment and natural resources. Herc the Plan recognizes how the river can be a spine of activity, where redevelopment builds upon the unique open spate and recreational qualities of the co rridor. The Plan encourages the development of a river parkway to ' • • 0 Englewood City Coundl July 21, 2003 Page 14 0 . provide and improve access and value, to underutilized propenies along the corridor. The final implementation phase of the Plan combines elements, which are all critical to long-term success. The first being the use of a judicious blend of tools, such as private incentives, grants and fee simple acquisition. The Plan mentions private incentives, or fee simple acquisition, no less than ten times. This is clearly the preferred method of the more regulatory options. AnotllC1' item in the implementation phase , is creating pannerships among private business, non-profits and river preservationists. We also recommend following prioritized action steps, which are listed in the Plan. Garnering resources from grants and leveraged funds, and lastly, creating stewardship for ongoing improvement of the river. Finally, a basic tenant assumed in the inception of this Plan, was that cooperation between Englewood and Sheridan was imponant to the overall success of the Plan. Without going into detail, I think it is safe to say, at this point, that Sheridan does not share the same enthusiasm for this Plan as we had originally hoped for . My undenW!ding is that Sheridan has mentioned that the Plan should be limited to ttails. and the other two elements, Parks and Redevelopment, should not be included . It is the belief of the Steering Committee, that all three elements are critical for the long term success of the Plan and that by eliminating those other two elements, we are not addressing three of the four primary goals that were mutually agreed upon in the initial Planning process. Also, as Sheridan mentioned earlier tonight, they are in the midst of a Comprehensive Planning process. which will be completed in about the next six months. and perhaps. this will be the time to compare the two visions. she said, to seek some commonality. In fact, the Urban Renewal District, mentioned earlier, is actually congruent with our Plan. I would ask that Council act favorably on this resolution and approve the adoption of the South Platte River Open Space Plan tonight. Thank you. she said. Mayor Bradshaw asked if there were questions or comments. Council Memoo Garrett said I have a question. We heard tonight that there is a hearing, in two days, dealing with some of the propeny that is included in the Plan. Would it be prudent to wait to see what is happening with that Blight Study before we go forward? Ms. Dannemiller said if that is Councils' choice, we could do that. I don't see Mr . Sidebottom or Mayor Carter here, but we have had actual meeting, with Mr. Sidebottom. the City Manager of Sheridan, to have some discussions about what is actually happening in that area . It is my feeling that what they are proposing is congruent with this Plan. It is a commercial redevelopment between Oxford and Hampden, west of Santa Fe, and that is specifically addressed in this Plan. There is nothing that would preclude that type of development in this Plan. If you look at the Plan composite on page 34, I think that you will see two areas identified in purple ... one being a slashed area and one being a solid area. Those are areas that we have addressed. We did not address the nonhern section. We didn't address that as anything, so that would not preclude their action. Mayor Bradshaw said I think one of the misconceptions of this Plan. is that it represents a taking. But when I look at the members of the Committee and I see people from Colorado Parks, South Suburban Parks and Recreation. South Platte River Commission, the City Manager of Sheridan. Mr. Yurchick served on this Committee, the Arapahoe County South Metro Chamber. the Trust for Public Land, Urban Drainage and Flood Control, the Army Corp of Engineers, and the Sheridan Family Resource Center .. .I just don't see that. It does not represent a taking. it is only a suggestion. I know that, in pan of Sheridan's Urban Renewal Plan. there is our Golf Course, and I think that is an interesting item that needs to be addressed also. Ms. Corns. I think that some of your information, is misinformation that you read to us and for that I'm truly sorry. because we really tried to communicate with Sheridan. I would say you probably need to talk to Jim Sidebottom. since his name is on the committee. Does a nybody else wish to address this issue? Council Member Grazulis said I have many questions regarding this. but I think I can get some of my answers just by talking to M s. Dannemiller and the group . I do have a concern though, when I look at some of the people that are on that committee ... that there arc no landowners along there or business owners. -Ms. Dannemillcr said, actually. there are landowners. but they represent multiple interests on that Committee. I don't have the list in front of me , but Stan Brown is a landowner within that area. I'm sorry. t ... ,• I • • • Enpewood City Council July 21, 2003 Page 15 I can't think of a number off the top of my head. Mayor Bradshaw said Stan Brown owns Alameda Wholesale. Ms. Danncmiller said that is right. Council Member Grazulis said I did have several calls, from some concerned people, on the method that their land was going lo be taken and I've been trying to get back with them, because I just got back into town this weekend, and I have been unable to. So that is why I have a question as to the acquisition and how you intend lo do it for a private property . When really, al this point, that's their property that they have homesteaded on for the last 80 or 90 years and it's their livelihood. You know, she said, they are very concerned. · Ms. Danncmiller said sure, and if you read the Plan through completely, in terms of methods for actual changes in the corridor, there are a number of methods that are recommended. One of them being acquisition of the property. And even in that instance, it specifically refers to owner-initialed actions. There was very little support on the comll)ittee for any type of action that would be governmentally initialed. We tried very hard to look at the incentive portion of the Plan and emphasized that these are opportunities that may come about, as property owners want to sell their property, or if a developer approaches a property owner about increasing the value of their property by doing some of these things, that would be owner initialed and not through the condemnation process. We will not deny the fact that there pocentially could be condemnation, she said, but, that is not a preferred Plan alternative. Council Member Grazulis asked if the condemnation would be the entire property or just the strip lhal you're involved with. Ms. Danncmiller said I wish I could address specifically what it would be. It would be based upon a redevelopment application. If an application came to the Community Development Department for redevelopment, and we were initiating it, it would be specific to a property itself and not acquiring the entire corridor. Council Member Yurchick said I think that is where a toe of the hang up is. People look at a map and say "oh my God, that finger is ruooing through my property." Well, that is not the case, he said. It is just a concept. .. they are showing they want to connect activity between the Platte River· and Englewood. and the Platte River and Sheridan. Thal doesn 'l mean a strip of land is running through any particular property. It is something the group wanted to work out in the future, as the properfy was developed. And, I would also like to say that, Sheridan did participate in this, at least a third of the way through ... 40 'I> of the way through ... and saw most of this and then just dropped out, for whatever reason, he said, and they no longer anended any of the Planning meetings. Mayor Bradshaw said all the stakeholders, along that area. were at the meetings I attended and they were well informed . Tt-.e owner of Kent property, wanted to come into Englewood. if we would give him a free sewer. That was the whole issue. We said no, you have lo pay for it. So, that battle has been ongoing for 20 years that I know of. But as far as an idea, this is an idea, it is a conceptual Plan only, she said, it is not set in concrete. Council Member Wolosyn said to that end, and out of respect to Sheridan, maybe we shouldn't include them as a primary sponsor . I don't know how Council feels, she said, as it says Englewood and Sheridan are primary sponsors of the Plan and I don 't think that's accurate. And, I don't think I can speak for Sheridan. Ms. Danncmiller said I think that is something that we could eliminate without a problem. Council Member Grazulis said on page 53, I had a concern when it was mentioned to acquire recent assessment values. Those are not actually like real values, as we all know when we get our taxes for our property, and so there should probably be some type of middle ground in there, too. I am just speculating, she said. Ms Danncmiller said right, that wa the way we actually determined initial cost estimates, for the Plan . But you are correct. we don't use those for an offer of purchase . They are based on real values, not on uaeued values . • • • Enalewood City Coundl July 21, 2003 Pllae16 Council Member Yurchick said I would just like to say that this isn't an Englewood Plan. Englewood's participation in this Board was in the minority, when you look at everyone involved and the concept they c ame up with . Mayor Bradshaw said that is right. Mayor Bradshaw asked if there were any other questions. Council Member Grazulis said I agree with Mr. Garrett, that it would be prudent to just wait awhile. Council Member Moore said I was asking Ms. Dannemiller whether we should. She said it is consistent with the Plan. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (H) -RESOLUTION NO. 72. RESOLUTION NO. 72, SERIES OF 2003 A RESOLUTION APPROVING THE ADOPTION OF THE SOUTH PLATTE RIVER OPEN SPACE PLAN WlilCH WILL BECOME PART OF ROADMAP ENGLEWOOD: 2003 ENGLEWOOD COMPREHENSIVE PLAN. Mayor Bradshaw asked if there was any other discussion. There was none . Vote results: Motion carried. Ayes: Nays: Council Members Nabholz, Moore, Garrett, Wolosyn, Yurchick, Bradshaw Council Member Gruulis (iii) Director Fonda presented a recommendation from the Littleton/Englewood , Wa.~tewater Treatment Plant Supervisory Committee to approve. by motion. the purchase of Denitrification System Equipment and Installation Services from Severn Trent Services in the amount of $3,080,300.00. He said this is a pre-purchase of equipment from a very specialized company. We investigated three systems that our consultant, Brown.and Caldwell, felt could adequately do the job. And after pilot testing and visits to installations, we chose Severn Trent. We have negotiated the price of the dcnitrification equipment with them and the Supervisory Committee is now recommending approval of pre-purchase of this equipment, along with some needed services, from Severn Trent, that would put it togelher. The equipment will be delivered during the construction phase, he said. Mayor Bradshaw asked about the reason for this equipment. Director Fonda replied this is the denitrification equipment that will go in the tank . It is the equipment that goes with the filter units that are pan of the denitrification process. Mayor Bradshaw said this is a requirement of EPA? Is that correct'! Director Fonda said this is the equipment we will need to meet their requirements. yes. Mayor Bradshaw said ol,-.ay . Mayor Bradshaw asked if there were any other questions for Director Fonda. Council Member Grazulis said I have a comment. Since I do not know much about this, I enlist my entire trust to you, that this is the best thing for the City. • • Ena)ewood City Council July 21, 2003 Page 17 Director Fonda said yes , this equipment, as opposed to the other processes, would be the equipment you would want if we ever had to go to phosphorous removal. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE PURCHASE OF DENITRIFICATION SYSTEM EQUIPMENT AND INSTALLATION SERVICES FROM SEVERN TRENT SERVICES IN THE AMOUNT OF $3,080,380.00. Motion carried. Ayes: Council Members Nabholz, Moore. Ganett, Wolosyn, Yurchick, Grazulis, Bradshaw Nays: None • •••• Director Eaton presented Agenda Items 11 (c) (iv) and (v). (iv) A recommendation from the Human Resources Department to select, by motion, an arbitrator in the matter of the Englewood Firefighters Association impasse. (v) A recommendation from the Human Resources Department to select, by motion, an arbitrator in the matt.er of the Englewood Police Benefit Association impasse. Director Eaton said I am here to recommend that an arbitrator be selected this evening to conduct hearings in the matter of impasse between the City of Englewood and the Englewood Firefighters Local 1736 and also between the City of Englewood and the EPBA. Mayor Bradshaw asked if there were any questions. Council Member Moore asked about the cost difference among the arbitrators. Some of them had a per diem charge in there and some of them didn't, he noted . Director Eaton said there arc different per diem charges. There are also charges that would be associated with travel that should be taken into consideration, as well. Mayor Bradshaw said, but both contracts are for $15,000.00. Is that what we budgeled for those? Director Eaton said that is correct. Council Member Yurc hick said Mr. Snow wants $900.00 a day, in addition to the $15,000.00? Director Eaton sa id actually the $15.000.00 that we budgeted , is not all arbitrator 's fees . It is partially our employment attorney 's fee s for preparation of the impasse. Council Member Moore said, as Mr. Yurchick pointed out. Mr. Snow is looking at a $900.00 per day fee. Mayor Bradshaw said he is coming from Fresno. Council Member Grazulis said I thought maybe Mr. Vaughn for the fircffghters and Mr. Snow for the police. Just because of what they have dealt with . I just read some of their articles and that would be their expertise. Co uncil Member Wo losyn said I asked for a liule bit of advice . Mr. Aiscnberg is from our state . I was go ing to move to appoint Mr. Aiscnberg. Co uncil Member Yurc hick as ked who we used last year. Director Eaton said the arbitrator chosen last time, is not o n the li st. • • • Englewood City Council July 21, 2003 Pqe 18 • • 0 CJ COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPOINT BENNETT AISENBERG AS THE ARBITRATOR IN THE MATTER OF THE ENGLEWOOD FIREFIGHTERS ASSOCIATION IMPASSE AND IN THE MATTER OF fflE ENGLEWOOD POLICE BENEFIT ASSOCIATION IMPASSE. Council Member Yurchick asked what he charges. He doesn't have a fee listed , he said. Director Eaton said I do not know the answer to that question. Mayor Bradshaw asked if there was any other discussion . There was none. Vote results: Motion carried. Ayes : Nays: Council Members Nabholz, Moore, Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw None ( vi) Director Kahm presented a recommendation from the Department of Public Works to approve, by motion, a construction contract for the family aquatic park, with Taylor Kohrs, I.LC, in the amount of $6,297,630.00. He said, in 2001 , Englewood voters approved bonding for three recreation projects. We had the Malley Center expansion, the Recreation Center expansion and the construction of an aquatics park . The first two projects, the Malley Center and the Recreation Center, arc under construction and we will see the completion of those projects over the next 60 to 90 days. They arc coming along really well. It is now time for us to go forward on the aquatics park. Earlier this spring, staff advertised in the Daily Journal and the Englewood Herald for construction firms that were qualified to build this type of project. We received 23 responses to our request for qualifications. Our in-house selection committee narrowed that down to e ight companies that we felt were best qualified for this project. Subsequent to that, we bid the project and on July JO"' we opened bids. The bids ran from $6,240,000.00 up to $7,040,000.00, and the average is about $6.5 million. The architect's estimate, at the time of bid, was $6.6 million. At this time. we would ask the Council to approve by motion, the award of a construction contract to Taylor Kohrs. I.LC., as they were the low bidder, for the construction of the family aquatic park, Pirates Cove, and authorize the Capital Projects Director to go into a contract in the amount of $6,297,630.00. The reason for the higher number is that we did have alternates that we bid . There were actually seven alternates and we o nly bid five . The fir s t two were actually in the base bid . We arc recommending alternates 3, 5, and 7 . Alternate 3 allows for underwater lighting in the pools. The way this is proposed . right now, it wouldn 't be usable al night ... but if we don't put that lighting in, up front, wc will never have it. The second alternate, alternate 4. is Diamond Brite. Thal is a treatment that you pul on the pool. and from a maintenance standpoi nt , it protects it from ultra violet rays , particularly when the water level is down in the winter. Bui that is something we can add , out of the conti ngency, late in the project, if funding is available. So, we arc _ not asking for it al this point in time. Alternate 5 was the addition of a third sl,idc. We have two large s lides that were in the base bid . Quite honestly , Taylor Kohrs had an error in their bid, which they will honor. Thal slide that should cost about $80,000.00 to $90,000.00, was bid for $15,000.00. So that's a bargain. We should gel three of those, but o nly one is available. Alternate 6 is a vapor barrier. which may need 10 be included in the concrete placement. h 's $8,500.00, if we need ii . We will make that determination as we construct the project. And. Alternate 7 actually adds some decorative fence at the main entrance 10 lhe park and we think that is a good investment, as well . I have given you a breakdown of the project. The low bid is at $6,2 97.630.00. At thi s point in time, wc have already done the demolition of the si te. and completed the environmental cleanup and ite prep, for $392.000.00. We have professional fees al $505.000.00. We have some tap fees . We hope 10 be able IO put the traffic signal on Belleview. which i estimated at $195,000.00. We arc still couning COOT on 1ha1 issue. he said . Mayo r Bradshaw said that wa my question because I have a real concern . There arc kids already running across that street 10 get to Corner tone. ' . .. .·' • • f.n&lewoocl City Council July 21, 2003 Pqel9 Director Kahm said we have been working with them for several months now and I think we are at a point where they have agreed to allow us to have the signal, but there is just a question of the exact location. We have a location picked and I think the State is asking us to move it 100 to 150 feet to the cast. Mayor Bradshaw said the hill is an issue there, with sight. Kids run across, if they think they have a light, and there are cars coming off that hill. Director Kahm said moving the signal to that location isn't that big of an issue, as we worked with South Suburban early on. I don't think they really ever intend to have the four-legged intersection into Cornerstone Park. So it is going to probably be a 'T' intcrscction. So moving it wouldn't have an impact on South Suburban. he said, so I think we would still be okay. Mayor Bradshaw said my concern is visibility for the kids, as they try to get across, when they get excited and they want to go to the Skate Park from the swimming pool, and vice versa. Director Kahm said the total estimated cost for the project, at this point, with all those contingencies and administrative fees, is $8,650,793.00. And that amount of money, he said, is available from the bond sale. Mayor Bradshaw asked if there were any questions. Council Member Wolosyn said I would just be interested in a little background on the firm. Have they done a water park before? Director Kahm said absolutely. We narrowed it down to 8 who had a lot of experience in building pools and pub. This is a very large company. They actually have offices in about 7 states and one of the principles lives here in Highlands Ranch. so he is local. Council Member Grazulis said my initial concern was what experience do they have with the body slide. Arc they going to cat that $70,000.00? Director Kahm said yes. they are. And incidentally when it comes to the pools, we actually pre-qualified. nationally. 6 pool contractors to build the pools. Taylor Kohrs is a general contractor. The pools will actually be built by St. Louis Pools. out of St. Louis: They are considered by our consultant, as one of the top contractors in the country for this type of work. Mayor Bradshaw asked if there were any ocher questions. There were none. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE A CONSTRUCTION CONTRACT FOR THE FAMILY AQUATIC PARK. WITH TAYLOR KOHRS, LLC, IN THE AMOUNT OF $6,297,638.00. Ayes: Council Members Nabholz. Moore, Garrett, Wolosyn. Yurchic k. c;iruulis. Bradshaw Nays: None Motion carried. 12 . General DiKualoa (a) Mayor's Choice (i) Mayor Bradshaw said I attended the Board of AdjUSUIICIII ol. Appeals meecint and they run a tight ship. There is not a lot of meuins around . I wu very imprcued. The sad thina is. they are voting on our names . I believe. John Smith is Ann Nabholz . I wish there wu a way we could lide something in the voting panel for Plannina and Zonins and the Board of AdjUSUIICIII and Appeals. We probably need to have a voting panel nadc up for the Board of Adjustrnc111 ol. Appeals Uld for Pol. Z. We need to find out bout the cost. • • Enpwood City CouncU July 21, 2003 Pqe20 (J {ii) Mayor Bradshaw said I wan1 to thank Council, because you guys are working very, very hard on our budget issues , and I respect each and every one of you and your decisions. I think ... it is a process and I hope our citizens realize the laborious process we are going through . And, I think the businesses do , I really do . So, keep up the good work and wc will sec you next week with ideas on how to generate money . {b) Council Members ' Choice (i) Council Member Nabholz : I . She said the hedge on the east side of Paul's Catering is pretty far over the sidewalk and it is a thorny hedge, so wc need to get in touch with Code Enforcement or someone needs to get in touch with Paul's Catering and have them trim that. 2. She said I guess I need to, once again. state my concern over Bates Logan Park . I've been there numerous times. I agree with off-leash, but I don't sec this park ... compared to Belleview Park. It is a problem and I think we really need to take a cold, hard look at that. I met with Dave Lee and a Code Enforcement Officer in January . There arc quite a few Denver rcsidcnls who use that, because it is so close and it is easier than Washington Park . But you can definitely sec the decline in people using the park and there arc lots of dogs there. I think we need to take a look at it, so that it's fair to everyone . Because right now, it seems it is a little lopsided . I check it every week ... a different day every week ... and there arc problems. Mayor Bradshaw said it sounds like it is a horrible problem . Ms . Nabholz said it really is and I think it is just because it is so close to housi:s. Now, we have the mushroom park that is backed up to those apartments, but this is different. It is accessed from numerous sides and I think it is a serious problem that we need to take a look at, she said . Mayor B~adshaw suggested this issue go to the Parks and Recreation Commission . {ii) Council Member Moore said I would like to comment on this also . We have a policy in place, where we will revisit the leash law ever so often. 1 was wondering when wc will revisit it next . Council Member Nabholz said didn't wc just redo it? Mr . Moore said time flies and, the way I figured it, it must have been a year and a half or so ago . Council Member Garrett said one of the ladies came to Parks and Recreation Commission to present alternatives and they are looking at the altcrriativcs she suggested . I don't know what the outcome of that will be, he said. until that discussion takes place. Mayor Bradshaw said maybe we should sto p dogs at that park until there is a discuss ion ... until there is a decision. Co uncil Member Garrett said. in faimc ss . we had an Open Forum and we advcnised the Open Forum in the Citizen . And the only people who came to the Open Forum were people who supported our park , as an off- leash park. He said we have done this several times and, every time . this is the result . When we were there , we had a meeting and the dogs didn 't bother anybody . And so, I think that wc have to be careful . 1 mean , we had one person call up and say there arc a lot mure dog droppinp and the person actually pve us a count . Mayor Bradshaw ~aid yes. that concerned me . Mr . Garrett said if you go to Jason Park. there arc brown spots, because of the drought and other reasons. and noc just dop. It is just like every other park. But those arc tl,c type of issue wc arc looking at and I would like the Parks and Recreation Commiuion to take a look at it. 1 believe wc revisited this issue three months ago , he said. Ma yor Bradshaw said yes , it wa fairly recently . Council Member Grazul is said maybe the timin1 could be revi ited ... wc could have cenain tilllCI when there would be free time for kids. ' • • F.apwood City Coandl July 21, 2003 Pap21 Council Member Garrett said the Parks and Recreation Commission discussed that and it is very difficult to monitor time zones. Either the park is or isn't. because, you know, it is always going to affect somebody somehow, somewhere. So we are looking at alternatives, he said. Mayor Bradshaw said what about the ditch? The use of the ditch in that park. The one that is going to be fenced off. I think that might curtail some of the use there too. Mr. Garrett said that I don't know. Ms. Nabholz said it could be that some of them train their dogs at the fences. Mr . Garrett said there will be irresponsible dog owners, whether it is off-leash or not. Mayor Bradshaw said absolutely. Council Member Garren said you are going to have problems, no matter what. We understand that they make an effon to make sure that they try to socialize in places where people aren't congregating. Mayor Bradshaw said I know there are park users at Jason who just dnve up in their car, open their door and out the dogs go. And then, finally, the penon moeeysoutofthe car, five minutes later ... and that is wrong too. Council Member Garrett said it is an enforcement issue as much as anything. Council Member Moore said I don't remember whether fencing an area is an option. Council Member Garrett said we discussed fencing areas and that is not considered an option. Director Jerrell Black said, initially, when we looked at this isaue, one of the key factors had to do with the cost. because most of the dog parks out there ... and if you see the ones around the metro area ... they are fenced . They have water and they are enclosed. The cost that wc looked at was anywhere from $100,000.00 to $300,000.00, depending upon the size of the location, to supply water and fencing. As a result, when you fence it. it ends up being barren ground. So, as a compromise, initially when wc put this program together, it was to locate different parks within the community, there was a 12-month period for a trial basis and that worked well and Council decided to move forward after that. So, it became permanent. with the agreement that wc would revisit the issue once a year. As Mr. Garrett said, the Parks and Recreation Commission has talked about this issue a number of times. I don't know that there is a solution that will satisfy everybody,, he said. Council Member Grazuli s said I have a question . Could wc revisit one of those green spaces , to see if it would be feasible? Ma yor Bradshaw noted they are small . Council Member Garren said the Parks and Rec reatio n Commission will be looking into whether there are alternatives to Bates Logan Park. Council Member Grazulis said not instead of, but in addition to , and maybe that would alleviate some of the wear and tear, or the number of dogs at Bates Logan . ' Council Member Wolosyn asked if these are two lots that wc own. Director Black said yes , that ia correct. but they are a lot smaller. Mayor Bradshaw said they are the size of two house lots. Mayor Bradshaw asked if there were any ocher questions for Mr. Black . Council Member Moore said it is a tough issue , but thi s momin~ I had a clot charge me . It was at Roaans Park . whic h is not an o ff.leash park. A guy rides a mountaJn bike and he has a beauliful clot that he lets • • Enpewood City Council July 21, 2003 Pqe22 run free while he rides. He is well controlled, but that dog made it twenty yards towards me before that individual stopped him. I've watched them before, so l know that dog is under control, but, nonetheless, when that dog advances toward me , I myself go into a defensive mode. So it is very rough. I have dogs myself. I have two large dogs that I look out for, as well as an old dog wc arc nursing, that my father-in- law owns. l am a big dog supponer, but dogs off-leash arc dangerous, unless you can control them well . It is hard to just make a decision to go with it. I know we keep revisiting this, but for me, it is still a hard issue. It is tough, he said, and if we can't afford to do fenced areas, it still makes me question if we arc really doing the right thing. Council Member Wolosyn pointed out that we haven't had a problem at four parks. Maybe there is something about Bates Logan that just isn't working. I know you guys have been over and over this, she said, but it just keeps coming up. Mayor Bradshaw said if we had a dollar for every minute we have spent on dog parks, we wouldn't have a budget shortfall. • •••• Council Member Nabholz said I want to thank Parks and Recreation. Nick got hurt in the pool today. He broke his finger. The staff was excellent and his buddy, Brandon, the lifeguard that he originally had a problem with, is now his best friend . You guys did an excellent job, she said, thank you, I really appreciate it. (iii) Council Member Garrett: I . He said l will not be at the July 28• meeting next week. 2. He asked if wc were going to participate in the hearing on Wednesday, in Sheridan. This is a Public Hearing. he said, and we would be one of the major property owners. Ms. Dannemiller said this is the first I've heard anything about it. Mayor Bradshaw said Mr . Sears and I have participated in hearings in Sheridan. City Manager Sears said we will follow up. Mayor Bradshaw said wc will have someone there. Council Member Garrett said I think it is up to the City Attorney's Office to decide what our legal rights arc and how we should participate in the public hearing . It is a surprise to me that wc haven't been notified, he said. Mayor Bradshaw said if Council wants to go. it is at 7 :00 p .m . on Wednesday. (iv) Council Member Grazulis said it was kind of intcrc5ting this last week, l was up in Vail for a week with five 18 year olds. She DOied when you arc 18 the world revolves around you . However, I was listening to some of the TV spots. because they had their Vail Recreation Di51rict televised. I put that on and, of course. it drove the kids away as it was borina. But I listened to it, because they were having trouble with their golf courses. As you probably know, they want to rcawface their peens. And, their big issue was whether to close three holes at a time or clolc it for the encirc year. They thouaht about how they were going to be driving people away. They cbarae SII0.00 or SI 15 .00 per day, for playin1 IS holes and they finall y concluded that one thing they were going 10 do was. if you went on Friday and Saturday and paid the SI 10 .00 per day. then you could play for half price. up to noon on Sunday. What a deal. And that is what they were go1na to promote and push throuah E-mail to all the hotels. l just went. .. whoa. I just thouaht, ho10• wonderful it is. that we have the J.llf course that we do have. and it is so affordable for everyone. ,.,. • F.npwood City Coundl July 21, 2003 Pap23 13 . City Maaaaer's Report City Manager Sears did not have any matters to bring before Council. 14. City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. IS. AcUourna-t • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL MONDAY, JULY 21, 2003 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. '7: 33~ 2. Invocation . /JJM_,~ 3. Pledge of Allegiance. ~ 4. Roll Call . M '7 ~ 5. Minutes. Minutes from the Regular City Council Meeting of July 7, 2003~· 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Alice Corns will be present to address City Council regarding the South Platte River Open Space Plan . b. James J~esent to address City Council. l,ll~ AJIJr' f~ c. Safety Services Division Chief Kieth Lockwood will be present to address City Council regarding the upcoming RTD disaster drill. d. Tim Sullivan will be present to address City Council regarding the proposed occupational privilege tax. 7~. ,4~cJJjj'tn~~,1~1»ise,; limit your presentation t°J':''J.fi'yu~ ~ w,tJL,U~ (y. lrlJ/TA lfltWCK..-11E'[/;,/~~ e Jc.EU..'/ fVIN'1-•~ .. ;,;;,;;_;.~.~~fN- C.. ~U·tr :5lHUt1!-ti. 1ft/ ' -~· ~ 8. Communications, Proc amations, and Appointments. Of pt/ '/-() a. A proclamation declaring Tuesday, August 5, 2003 as National Night Out/)L/J.1#?{ {), . _,,.!/._ q b . A res olution reappointing James Goodrich to the Englewood Code Enforcement KJ,IJ(fr (/ / tJffd?~'f}sory Committee./)~ Plene note: If you have a clubilly wl IIWI aallary .W. or_.., plwe _., ... C1ly of Ellll•oolll (303-762·2405) at leall41 hounill..._. ., ..... ..._ .. ......_ ..._.,__ ·wt ·"' .. • ' • -·- Englewood City Council Agenda July 21, 2003 Page2 9. Public Hearing. (None scheduled) g 0 ?~c~~ i, /JhJU~N~~~~IIJ!ri /()t/1-j/ fJff' ,. Approv..ff°,din,nces ~,;;-·-r---. -) • ~'lo b. Approval of Ordinances on Second Reading. i. Council Bill No. 46, approving an Intergovernmental Agreement with Arapahoe County for a coordinated mail ballot election. c. Resolutions and Motions. i. ii. Recommendation from the Community Development Department to adopt a resolution modifying the Development Review Application Fee Schedule. STAFF SOURCE: Tricia Langon, Senior Planner. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion,.Jhe purchase of a Plant Operations Data System. Based on ffie interviews, demonstrations, and site visits of the responding vendors, the Supervisory Committee recommends awarding contracts to: OSlsoft (as the historian) in the amount of $96,331, and OPS Systems (for the reporting tool) in the amount of $44,450, for a total system cost of $140,781. The source of funds for this purchase is the Capital Fund of the Littleton/Englewood Wastewater Treatment Plant STAFF SOURCE: Stewart H. Fonda, Utilities Director. 11 . Regular Agenda . a. Approval of Ordinances on First Reading. Offd7-o fJftd'l -0 i. ii. Council BUI No 34 • Recommendation from the Department of Finance and Administrative Services, City Clerk's Office, to adopt a bill for an ordinance submitting to the registered electors of the City of Englewood a question on the November 4, 2003 ballot regarding publication of City ordinances. STAFF SOURCE: Frank~~~-pirector of Financial 5emcel and Louaishia Elli1, City Oerk. ~ ~ 1 ouncil Bill No J S · Recommendation from the Department of Finance and Admmistrau ve Services to adopt a biU for an ordinance 1Ubmitting to the registered electors of the City of Englewood a question on the November 4, 2003 ballot eliminating outdated language in the City Charter regarding Surplus and Deficiency Fun~~~F~~ICE: Frank Gr,slewia, Director of Financial Services. )"ef r ' . .... • • - Englewood City Council Agenda 'J uly 21, ..2003 Pllge 3 0. &~l. f)/IR16i),,ii. Council Bill No. 46 · Recommendation from the City Manager's Office to adopt ~rlrff 1V 81!/ l)A 71/ IS a bill for an ordinance submitting to the registered electors of the City of I ·6: ., nu ,., '1 A Englewood a question on the November 4, 2003 ballot regarding an -r tvm v" ~ A-5 Occupational Privilege Tax . STAFF SOURCE: Michael Flaherty, Assistant City /<.t!.<itU.J.n M) () Ai Manager. A-U6U,S, J'i J... I iv. Council Bill No. 33 • Recommendation from the City Attorney's Office to adopt I. / a bill for an ordinance submitting to the registered electors of the City of (II-,,., _;{nglewood a question on the November 4, 2003 ballot regarding the collective '(AJA>-/: AJAb/17argaining impasse process. ST.\FF SOURCE: Dan Brotzman, City Attorney.~ v. Council Bill No. 50 · Recommendation from the Department of Public Works to ~?-0 appd '7--o vi. enter into a real estate agreement to purchase the Herbertson property at 2~~.£ S. Platte River Drive. STAFF SOURCE: Rick l<ahm, Capital Projects Diredorr; -r- CouncU BjU No. 49 • Recommendation from the Water and Sewer Board to adopt a bill for an ordinance approving sewer rate increases for 2004 through 2008. STAFF SOURCE: Stewart H. Fonda, Utilities Director. ~ Approv~rdinances on Second Reading. Resolutions and Motions. b . c. Recommendation from the Water and Sewer Board to adopt a resolution approving an increase in ~aJ~~~e charges. STAFF SOURCE: Stewart H. Fonda, Utilities Director. wr~ /<}M# '7/ i. (},pfd'l-0 ii. Recommendation from the Community Development Department to adopt a {), .. /> '7 ;J._ resolution approving the South Platte River Open Space Plan . STAFF SOURCE: J().P) d ~-/ UJf/.-,g'lJ~s'Senior Manager. ~ ~ f iii . Recommendatio; '6om the Littleton/Englewood Wastewater Treatment Plant ~?-0 Stewart H. Fonda, Director of Utilities. Supervisory Committee to approve, by motion, the purchase of Denitriflcation System Equipment and Installation Services from Severn Trent Services in the am o unt of $3,080,300. The source of funds for this purchase is the Capital Fund of the Littleton/Englewood Wastewater Tree ent Pla.nl STAFF SOURCE: iv. Recommendation from the Human Reso ces Depa ent to select, by motion, V. an arbitrator in the matter of the Englewood Firefighters sociation impasse. STAFF SOURCE: Sue Eaton, Director of Human Resou Recommendation from the Human Resources Departme to select, by motion, an arbitrator in the matter of the Englewood Police Ben Association impasse. STAFF SOURCE: Sue Eaton, Director of Human Rescillfrt~ W~UJSYIJ .M~VE-1) TO lrPP01AJr : . BelJJJ crr A!SEJJ!l:lA ~ lt~l~L F Oil 1£,:F-A ~t;PIA-/NPA5SE.. Please note: H you haw a tlNbilly wl need......, Iida o,---. plwe llOllfr .. Clly rl E -1 •H• (303-762·2405) at lealt 41 '-' a ..a--.......... _ ........... ,... ' .. ..·,>, • • • Englewood Oty Council Agenda July 21, 2003 Page4 12. vi . Recommendation from the Department of Public Works to approve, by motion, a construction contract for the family aquatic park. Staff recommends awarding the contract to the lowest bidder, Taylor Kohrs, LLC, In the amount of $6,297,630. The source of these funds is the Recreation Improvement Bonds that were approved ~:~,I()()l, STAFF SOURCE: Rick Kahm, Capital Projects Director. {) _ .,-:, General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. Adjournment. f/.()5" ~ The following minutes were transmitted to Oty Council between July 4 and 17, 2003: • Englewood Firefighters Pension Board meetings of January 9 and April 10, 2003 • Englewood Public Library Board meeting of June 10, 2003 • Englewood Transportation Advisory Committee meeting of June 12, 2003 • Englewood Planning and Zoning Commission meeting of June 17, 2003 • Englewood Code Enforcement Advisory Committee meeting of June 18, 2003 Englewood liquor Licensing Authority meetings of June 18 and July 2, 2003 l'le.e note: If you--·~-... ....., ..... ...._. ............ °""······_ .. , (303-76N40S)al .......................................... ,.. 1. 2. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JULY 21, 2003 7:30 P.M. Englewood Civic Center • Council Chambers 1000 Englewood Parkway Englewood, CO 8011 O Call to order. '7: 3 !; ~ Invocation. /JtJ>I_~ 3. Pledge of Allegiance. ~ 4 . Roll Call. llL/. '7 ~ 5. Minutes. Minutes from the Regular City Council Meeting of July 7, 2003~· 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Alice Corns will be present to address City Council regarding the South Platte River Open Space Plan . b . James J~esent to address City Council. WA:f. A)()r /~ c. Safety Services Division Chief Kieth Lockwood will be present to address City Council regarding the upcoming RTD disaster drill. d . nm Sullivan will be present to address City Council regarding the proposed occupational privilege tax . 7. .._.Uns.chedijled.'iisitor§, /Please limit your presentation to.five minutes.) . )..~t..£'f.,f°IJP!lrt 11~m1,e,,r-11E. b t.fi/, · ~. A4H..Y ~..()l'!JJ 'ilMJLl1tJ.AJ t. f;i ~~ff,;;~ n .,,,:~~4 e · Jc.w..'I f(.:11)~ -~.,;:~~~ 8 . Communications, F>roc amations, and Appointments. ~ ~1 'l-Q a. A proclamation declaring Tuesday, August S, 2003 as National Night Out./}l/J.JJI~ h . A resol ution reappointing Jame~ C-"O'i rk'l .., th• Fnglewood C'odc Enforc~• :/', , · Committer /)/.l))i_ &.+,; . fr-l""v ff t • • ~-· Englewood City Council Agenda !uly 21, 2003 Pagel 9. Public Hearing. (None scheduled) g 1:0 C~~j ~ /hd~filN~--h ~/()J--;~/(}l/-.,.j/ UfJf' 7 ,. App,ov,,d;o,oce, o~o';:-·-r--. - b. Approval of Ordinances on Second Reading. i. Council Bill No. 46, approving an Intergovernmental Agreement with Arapahoe County for a coordinated mail ballot election. c. Resolutions and Motions. I. ii . Recommendation from the Community Development Department to adopt a resolution modifying the Development Review Application Fee Schedule. STAFF SOURCE: Trida Langon, Senior Planner. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion,Jhe purchase of a Plant Operations Data System. Based on tfie interviews, demonstrations, and site visits of the responding vendors, the Supervisory Committee recommends awarding contracts to: OSlsoft (as the historian) in the amount of $96,331, and OPS Systems (for the reporting tool) in the amount of $44,450, for a total system cost of $140,781. The source of funds for this purchase is the Capital Fund of the Littleton/Englewood Wastewater Treatment Plant STAFF SOURCE: Stewart H. Fonda, Utilities Director. 11 . Regular Agenda. a. Approval of Ordinances on First Reading. i. Offd?-o ii. Council BUI Nn ]4 • Recommendation from the Department of Finance and ' Administrative Services, City Clerk's Office, to adopt a bill for an ordinance submitting to the registered electors of the City of Englewood a question on the November 4, 2003 ballot regarding publication of City ordinances. STAFF SOURCE: Frank Cjlfl~~'7. pirector of financial Services and Loucrishia Ellis, City Clerk. /'<T ?""" ~ •nuncil B.ill N C\ .:5 · Recommendation from the Department of Finance and Administrauv e Services to adopt a bill for an ordinance submitting to the registered electors of the City of Englewood a question on the November 4, 2003 ballot eliminating outdated language in the City Charter regarding Surplus and Deficiency Fun~~~~F, ~ICE: Frank Gryglewicz, Director of Financial Services. >"-if r Please note: H you have a tlubilty wl IINd.....,-* •---. plwe aollfy Ille City olf ... ••- (303-762·2405) at lust 41 hows In advac:11 ...... .,._ .. ...-L ...... ,.... t • .• . .•' • • Engiewood City Council Agenda July 21, 2003 Pagel LO(t®L, {)/lM.Jii}~1ii. Council Bill No. · Recomme. ndation from the City Manager's Office to adopt ;:,(Jr.ff 1V 81!/ IJ A Tfl t .S a i or an ordinance submitting to the registered electors of the City of '1 Englewood a question on the November 4, 2003 ballot regarding an /-r'l.,M £3~ A-S A Occupational Privilege Tax. STAFF SOURCE: Michael Flaherty, Assistant City (<)!.<i:CWllMJ oAJ Manager. ,4-!A.(,,isr ,,, J.. I iv. Council Bill No. 33 · Recommendation from the City Attorney's Office to adopt 1_ / a bill for an ordinance submitting to the registered electors of the City of (JI-,,,, ~nglewood a question on the November 4, 2003 ballot regarding the collective tAJAY : A.),4b/17'argaining impasse process. STAFF SOURCE: Dan Brotzman, City Attomey.~ b. c. v. Council Bill No. 50 · Recommendation from the Department of Public Works to enter into a real estate agreement to purchase the Herbertson property at 2~~~£ S. Platte River Drive. STAFF SOURCE: Rick Kahm, Capital Projects Director'() ,_,~ Council BUI No. 49 • Recommendation from the Water and Sewer Board to adopt a bill for an ordinance approving sewer rate increases for 2004 through 2008. STAFF SOURCE: Stewart H. Fonda, Utilities Director. ~ Approv~rdinances on Second Reading. Resolutions and Motions. (JM# '7/ i. aw1'1-o Recommendation from the Water and Sewer Board to adopt a resolution approving an increase in water service charges. STAFF SOURCE: Stewart H. Fonda, Utilities Director. ~ ii. Recommendation from the Community Development Department to adopt a (), ~ .I. n:).... resolution approving the South Platte River Open Space Plan. STAFF SOURCE: k:,Uf)r · I j !. / Lauri Dannemill~Senior Manager. UJY~ t<./Jf f-fl!-[A)4"y: 6~Z-lU../S ~ r I iii. Recommendation om the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion, the purchase of Denitrification System Equipment and Installation Services from Severn Trent Services in the l1A/JA '7-0 amount of $3,080,300. The source of funds for this purchase is the Capital Fund V rr , of the Littleton/Englewood Wastewater Tre ent Plant STAFF SOURCE: iv . v. Stewart H. Fonda, Director of Utilities. · Rec ommendation from the Human Reso ces Depa ent to select, by motion, an arbitrator in the matter of the Englewood Firefighters STAFF SOURCE: Sue Eaton, Director of Human Resourc Recommendation from the Human Resources Departme to select, by motion, an arbitrator in the matter of the Englewood Police Ben t Assoc iation impasse. STAFF SOURCE: Sue Eaton, Director of Human R rces. ttiO u;SY,0 M tJl/ E.I) ro /tPPOIAJr : ls!J AJ '1 E1r AISEJJ,!/;l.J:{ µ_ •. '31 rR-rt e. t=tJ R.. C _.; r A +-;:;~& A-I l'J. ,?IFSSJ:. Please note: If you have a disability and need auxiliary aick or _._, plwe llOdfy Ille Clly of Ea ... wood (303-762-2405) at least 41 houn in aidvanc:e ol when NMCel are IINtlN. n..11 ya. ' . ··" • • Englewood City Council Agenda July 21, 2003 Pqe4 vi. Recommendation from the Department of Public Works to approve, by motion, a construction contract for the family aquatic pa,tc. Staff recommends awarding the contract to the lowest bidder, Taylor Koh11, LLC, in the amount of $6,297,630. The source of these funds is the Recreation Improvement Bonds dlat were approved ~:~,}_001. STAFF SOURCE: Rick ICmm, Capital Projects Director. u ~ ,,_:. 1 2. General Discussion. a. Mayor's Choice. b . Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. Adjournment 9:05" ~ The following minutes were transmitted to Oty Council between July 4 and 17, 2003: Englewood Firefighters Pension Board meetings of January 9 and April 10, 2003 • Englewood Public Library Board meeting of June 10, 2003 Englewood Transportation Advisory Committee meeting of June 12, 2003 Englewood Planning and Zoning Commission meeting of June 17, 2003 Englewood Code Enforcement Advisory Committee meeting of June 18, 2003 Englewood Liquor Licensing Authority meetings of June 18 and July 2, 2003 ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session July 7, 2003 I . Call to Order Th~ regular mee1ing of 1he Englewood City Council was called 10 order by Mayor Bradshaw at 7 :40 p .m. 2. Invocation The invocation was given by Council Member Nabholz . 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Bradshaw. 4 . Roll Call Present : Absent : A quorum was presenl. Also present : 5. Minutes Council Members Nabholz, Moore, Grazulis, Garrett. Wolosyn , Yurchick, Bradshaw None City Manager Sears City Attorney Brotzman Assistant City Manager Flaherty City Clerk Ellis Director Fonda, Utilities Director Eaton. Human Resources Senior Planner Graham. Community Development Director Simpson. Community Development Director Olson. Safely Services (a J COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUNE 16, 2003. Ma yo r Bradshaw asked if 1here were any correclions or additions. There were none. Vote results: Ayes: Nays : Mo1ion carried . 6. Scheduled Visitors Council Members Nabholz. Moore. Garrett. Wolosyn. Yurchick , Grazulis. Brad haw None (a) Roxa ne Mock. 4951 Sou1h Inca Dme. gave each Council member a handout. She aid I a m here 1odav 10 talk abou11he" ue of no1,e m my neighborhood. because my neighborhood 1s ,n a res1den11al di~1nc1 1ha1 abu1s and JdJom an ,ndusmal d1 stn c1. We gel a fair amount of noise ,n the ·. • ' .,.. . ,• • • Englewood City Council July 7, 2003 Page 2 evenings ... a fair amo unt o f no ise all the 1ime ... wi1h 1hc railroad. 1raffic. and so fonh . But, specifically. between the ho urs of 10 :00 p.m. and 7:00 a.m .. we experience a high level of beeping noise from the waste transfer facility . which is a mile direc1ly we st of our home, which is also in Englewood, and some waste collectio n activities are conducted along that corridor. adjacent to the residential zone. With respect to the beeping sound that was coming from the waste transfer facility. she said. I have been working with Sergeant Jeff Sanchez and I believe we have come 10 a resolution on that issue. We aren't sure what to expect at this point. but we are going to keep our ears open at night for the beeping sounds. So today. I want to focus on the sounds of waste collection activities that are conducted between the hours of 10 :00 p .m. and 7:00 a.m . along the corridor. You can see on the zoning map that it is the light purple corridor, which runs along the west side of the large residential area. I live in the Belleview Park area ... so it is very close to that corridor. This particular corridor abuts upon, adjoins, and is adjacent to, various residential districts within the city limits , along that zone. The Englewood Municipal Code Section 6-2-1, paragraphs Band C and Section 6-2-4, clearly express that noise is a serious concern in Englewood and that ccnain kinds of noise during ce rtain times and in certain places, can, in fact, adversely impact the quality of life of the city's inhabitants. A copy of those references are in the packet. In reviewing the Municipal Code, with regard to trash collection activities , I found only two paragraphs that penain to trash collection activities. Those are also included in your packet for your reference. As wrinen, both of the paragraphs that I am talking about. 5-26-4 and 6-2-5 , restrict trash collection activities between the hours of 10:00 p.m. and 7 :00 a .m .. either within a residential district or within 300 feet of any hotel or motel within an industrial district. Obviously, from the wording, there is a buffer zone provision of 300 feet for hotels and motels. but no pro vi sions for the houses along that corridor. And in some areas along that corridor, there is a house within 10 or 20 feet of a dumpster that is emptied between 10:00 p.m. and 7:00 a.m . These activities occur for hours throughout the night and they are heard for miles away . So, I'm here to ask City Council to consider revising those two paragraphs to include a buffer zone for tr:ish collections that arc within a certain proximity of a residence, regardless of whatever zone it is in . That is basically my statement. She asked if there were any questions. Mayor Bradshaw said very well done. Thank you. Council Member Yurchic.:k said I have a question . I'm not clear ... arc you saying that trash trucks are running from 10 o 'clock at night until 7 :00 in the morning, in an industrial zone, picking up dumpsters'/ Ms. Mock replied , yes sir. Co unc il Member Yurchick said I didn 't realize they ran at those hours . Mayor Bradshaw said I didn't either. Co un ci l Member Yurchick said I guess I'm not clear o n thi s. Is it over the whole period, or is it more towa rd the morning"? Mis s Mock said it is thro ugho ut th e period. I us uall y hear them starting activities around 12 :30 or 1:30 in th e mo rn ing a nd operatio ns us uall y cease aro und -4 :30/5 :00 a .m. They run the whole route~so they stop. a nd then yo u hear c ra sh, ba ng. cras h and then yo u don't hear it for awhile. as they go around their route . I do n't kn o w if it is j us t o ne comp a ny o r se veral companies ... .( have no idea . We spoke with Code Enfo rcement and the y to ld us that , reall y, there isn 't anything we can do, because that is an industrial zone and th ere is no law protec ung us. Mayo r Bradsha w sa id I think we ne ed 10 ha ve a law for industrial zones that abut residential. Co un c il M e mber Graz uli s said I do too. That's not quality li ving. Co un ci l Member Yurc h1 c k as ked wha t. .. a buffer zone or the whole residential zone? Ma}Or Bradshaw ,aid no. I think the 00 fe et makes se nse . !• ' .. ,• ... . ,. • • -.. 0 • Englewood City Council July 7, 2003 Page3 Ms. Mock said we would like 10 see 300 feet o r something a liule more prohibitive or s1ric1. with regard to res idences . The 300 foot buff.:r zone, is a pro vision for hotels and motels within an industrial zo ne . And , of cour se. trash co llect ion activities. wi1hin a residential zone. are prohibited between 10:00 p .m. and 7 :00 a.m. Bui. she said. fo r 1he residences that are wi1hin 20 feet of a dumpster, on the other side of the indus1rial zone line. the borderline. there is no buffer zone provided . So if there could be at least 300 feet, preferably something more strict , but at least if yo u would look at that and consider revising that . providing us with some sort of pro1eciion . Mayor Bradshaw said we will direct this to our Community Development staff. Thank you so much . Ms. Mock said thank you very much . 7. Unscheduled Visitors (a) Bruce McDowell . 3250 South Elati, said this is just a question. In the past. I have addressed the Council on a couple occasions and !hen stuff happened during the Council meeting that I would like to ask questions about. but I already had my tum up front . ls there any way that someone in the audience could ask questions after the presentations ... just for clarification, argument or whatever? Ma yor Bradshaw said I know some Councils do that. .. they have questions from the community before the mec1ing and also after the meeting . But I don't know of anybody having questions during !he meeting. Mr . McDowell said after the meeting would be tine. Then the citizens would not have 10 wait a month 10 ask a question. Mayor Bradshaw said in Littleton. they have an open forum at the beginning and at the end of the Council meeting. In Englewood we have scheduled it at the beginning . Mr. McDowell s aid I would like !he opportunity to speak at the end of the meeting. as stuff will come up under Council bus iness that I would like 10 have some input on or questions answered. I can't ask about it before I hear it. You know what I mean '? his just something to ponder. I'm not making an issue out of it , I'm jus t as king the question. Thank you. he said. Ma yo r Bradshaw thanked Mr . McDowell . S. Communications, Proclamations and Appointments (a) A memo from Public Works Directo r Ken Ross reque sting that C o uncil accept Barbara Hodge 's resig nation from the Englewood Transportation Advisory Committee was cons idered. C OU NC IL ME IBER GRAZULIS MOVED, AND IT WAS SECONDED, TO ACCEPT BARBARA HODGE'S RESIGNATION FROM THE ENGLEWOOD TRANSPORTATION ADVISORY COMMITTEE. Ayes : Nays : Mott o n carried . Council Members Nabholz. Moo re. Garren, Wo losyn. Yurchic k. Grazulis. Bradshaw None CO :-.JCIL MEMBER GARRETT MOVED. AND IT WAS SECONDED. TO APPROVE AGENDA ITEMS 8 (b) THRO UGH 8 (q ). (b ) RESOLUTIO NO. 51. ERIES OF ~003 RE OLUT ION RE.-\PPOINTI. G L..\URETT BARRENTI E TO THE ENGLEWOOD LIQUOR LI E:S:Sl:S:G ,\ HORITY OR THE ITY OF ENGI.EWOOD. OLORAOO. . ... .. .... • t • • Englewood City Council July 7, 2003 Page.i (cl RESOLUTION NO. 52. SERIES OF 2003 A RESOLUTION REAPPOINTING ERIC BERTOLUZZI TO THE ENGLEWOOD CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO. (d) RESOLUTION NO. 53 . SERIES OF 2003 A RESOLUTION APPOINTING BRIAN BLEILE TO THE ENGLEWOOD PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (c) RESOLUTION NO. 54. SERIES OF 2003 A RESOLUTION APPOINTING MIKE CALAHAN TO THE ENGLEWOOD CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. (I) RESOLUTION NO. 55. SERIES OF 2003 A RESOLUTION APPOINTING HAROLD COOK TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. (g) RESOLUTION NO . 56, SERIES OF 2003 A RESOLUTION REAPPOINTING JONATHAN CROWELL TO THE ENGLEWOOD CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. (h) RESOLUTION NO . 57 . SERIES OF 2003 A RESOLUTION REAPPOINTING JASON FISH AS A YOUTH LIAISON TO THE ENGLEWOOD PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. (i) RESOLUTION NO . 58, SERIES OF 2003 A RESOLUTION REAPPOINTING DEBORAH GUINTHER TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. Ul RESOLUTION NO . 59. SERIES OF 2003 RESOL UT ION APPOINTING DEBORAH HOW ARD TO KEEP cNGLEWOOD BEAUTIFUL CO MMISSION FOR THE CITY OF ENGLEWOOD. COLORADO. (kl RESOLUTIO NO . 60. SERIES OF 2003 ..\ RESOLUTIO REAPPOI Tl G CHRISTOPHER JONES AS A YOUTH LIAISON TO THE ENGLEWOOD PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLO RADO. (I) RESOLUTIO 0 . 61. SERIES OF 2003 ..\ RE O LUT IO . APPOINT! G Cl, D LO EE TO THE ENGLEWOOD TRANSPORTATION ADVISORY OM~IITIEE FOR THE C ITY OF ENGLE WOOD. COLORADO. {m l RE OLUTIO • 0 6:?. ERIE OF :?003 t .. .. • • Englewood City Council July 7, 2003 Pages A RESOLUTION REAPPOINTING R. L. LUNDERS TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD. COLORADO. (n) RESOLUTION NO . 63. SERIES OF 2003 A RESOLUTION APPOINTING MARGARET McDERMOTT TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO. (o) RESOLUTION NO . 64, SERIES OF 2003 A RESOLUTION REAPPOINTING JANET MOORE TO THE ENGLEWOOD CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. (p) RESOLUTION NO . 65, SERIES OF 2003 A RESOLUTION RECOMMENDING SHELLEY THOMPSON FOR APPOU-.TMENT TO THE ENGLEWOOD HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD. COLORADO. (q) RESOLUTION NO . 66. SERIES OF 2003 A RESOLUTION APPOINTING TED VASILAS AS AN AL TERNA TE MEMBER OF TI-IE ALLIANCE FOR COMMERCE IN ENGLEWOOD FOR THE CITY OF ENGLEWOOD, COLORADO. Vote results: Ayes : Council Members Nabholz. Moore. Garrell, Wolosyn. Y urchick, Grazulis, Bradshaw Nays : None Moti o n carried. Mayor Bradshaw and Council Member Wolosyn presented certificates and City pins to the board and commission appointees who were present : Michael Calahan, Harold Cook. Deborah Howard, Margaret McDermoll. Janet Moore. Shelley Thompson and Ted Vasilas . Mayor Bradshaw thanked them for coming to the meeting . We look forward to working with you. she said . 9 . Public Hearing No public hearing was sc heduled before Council. 10. Consent Agenda CO NCIL I\IEMBl-.:R GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i), 10 (b) (I) and (ii) AND 10 {c) (I). (a) Approval of Ordinances o n First Reading (i ) COUNCIL BILL NO. 46. INTRODUCED BY COUNCIL MEMBER GARRETT BILL FOR AN ORDIN '\NCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETW EE N THE BOARD OF COMMISSIONERS OF ARAPAHOE COUNTY. COLORADO. BY AND TH RO G H THE ARAPAHOE COUNTY CLERK AND RECORDER , ANO THE CITY OF E:-;GLE WOOD. COLORADO. TO CO DUCT COORDr. TED MAIL BALLOT ELECTION 0 ~OVE~IB ER ~. 2003. ,. t • • Englewood City Council July 7, 2003 Page6 (b ) Approval of Ordinances on Second Reading (i ) ORDINANCE NO . 46, SERIES OF 2003 (COUNCIL BILL NO. 42, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AMENDING TITLE 7. CHAPTER 6E, SECTION 9, OF THE ENGLEWOOD MUNICIPAL CODE 2000. TO INCLUDE ACID. (ii) ORDINANCE NO . 47, SERIES OF 2003 (COUNCIL BILL NO. 43. INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE APPROVING AN ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT AT 4496 SOUTH DELAWARE STREET FOR A RETAINING WALL ALONG STANFORD A VENUE, TO LEVEL OUT THE PROPERTY, AND A PICKET FENCE ON TOP OF 11iE WALL. (c ) Resolutions and Motions (i) RESOLUTION NO. 67 . SERIES OF 2003 A RESOLUTION AUTHORIZING A LICENSE AGREEMENT FOR INFILL, DRIVEWAY ACCESS AND SURFACE VEGETATION IN BROWN'S DITCH ALONG 11iE 5600 BLOCK OF WATSON LANE, LITTLETON. COLORADO. Vole R'SUlls: Ayes : Nays : Motion curried . I I . Rqular Asenda Council Members Nabholz, Moore, Garrett, Wolosyn. Yurchick, Grazulis, Bradshaw None (a) Approval of Ordinances 011 First Reading There were no addiuo nal items submincd for approval on first reading . (See Aaenda Item 10 • Consenc Agenda.) (bl Appro val o f Ordinance o n Second Reading There "'ere no additiona l 11c m ubmincd fo r a pproval on second reading. (Sec: Agenda Item 10 -Consent Agenda.) (c) Resolution and Mot10~ f 11 Director Eaton presented a recommendation from the Human Resources Dep;mmcnt 10 Jdop1 • rcsol uuon a pprov ing a Coll cctl\e Barg:uning Ap-eemeni with the En&lcwood EmplO)tt x:, uo n for the )e ars ~()(U and 2005 Ma)Or BradshJ\\ a,d th 1; a&rcc mcnt , \\Ith •bout O'l o f the people""° won; here . She said this was the fir t gmup 10 tep up Jnd ay )C . \\C l no " "c ha.,c a budget cn 1s. -.c upcct a zero pcrcenc increase . I Just ,Jnno1 pra, e this group of people enough. nd I kno"' nmcs are touah and mooc y is touah , but for ,l\er ~00 cmplu cc in our J; 1at1 n 10 do that. .. ( rcJII )', reall y appreciate 11 . Plcaic l'Oftve y thal 10 them . he ,:ud 01res1 ,r EJI n w,J th•nl )ou • • Englewood City Council July 7, 2003 Page7 COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 68, SERIES OF 2003. RESOLUTION NO. 68. SERIES OF 2003 A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY I. 2004 THROUGH DECEMBER 31. 2005. Vote results: Ayes : Nays: Motion carried. Council Members Nabholz, Moore. Garrett , Wolosyn, Yurchick, Grazulis, Bradshaw None Mayor Bradshaw said, again. please tell them thank you so much for stepping up to the plate and helping us out in a very difficult economic time . Director Eaton said I will . (ii) Senior Planner Graham presented a recommendation from the Community Development Dcpanmcnt to approve, by motion. a grant application seeking Smart Growth funds from the U .S . Environmental Protection Agency. He said, boiling it down to about three points, the City is eligible for this funding because we received a pilot grant in 1997 for environmental assessment. EPA made, only those cities. eligible for this round or funding . Second, this proposal represents some possible environmental remedies for arc;as along the Platte River in Englewood and also. third. it repracnts some economic development opponunitics for Englewood. It should be noced that this is a cooperative agreement whcr<e the Colorado Brownfield Foundation will be administering the srant. They will be doing the studies and most of the work . Englewood's role. would be an ovcrsiaht role and a financial role. where we would receive the grant. contract with Colorado Brownfield to do the work and when billed. we would reimburse them for their expense . Mayor Bradshaw said okay. In response to Mayor Bradshaw. Senior Planner Graham said 11 is my undcrstandin11 that John Kent is an interested and willing panic1pant in this. Also. it should be noted that the City or Sheridan has written the support letter un this. so we consider this a pannersh1p in many re peel . There arc other P.,Utncr • such as the Univers ity of Colorado. Ma yor Bradshaw a ked 1f there "ere any question for Mr. Graham. Council Member Wolo yn said I wke 11 that, as wnh any grant. there will probably be st.andards that have to be met . that this reall y will be a decent recycling business. You know the idea or a recycling bus1ne can take many form and I'm just hoping that 111s, indeed. a .. green .. business. Senior Planner Graham aid I should elaborate a little b11 . I've read the proposal that would be subm111ed to the EP and one of the intriguing things about the proposal. 1 the idea that you could mine the Ure pile as a re,ource and ma nufacture things that c uld be sold from that and eventually. remove a lot ohhe tires from 1ha1 11e. whu:h reduces the threat o f some pontancous combusuo n. lightnina and other thing . MaH,r Br.id haw said \\C ha,e al\,a), had a fc:ir that 1[that e,er c auaht o n fire. "ould it ever be put out'! n:i 1ha1 1s 1111 a fe ar "1th the amount of maten I the) ha,e o n that 1tc. ' this 11,ouJd help mauaatc that, 1 th.it "hat )O U are )in,> • • Englewood City Council July 7, 2003 Page8 Senior Planner Graham sa id the notion here is that there would be companies. that might be interested in manufacturing something using that kind of raw material on the site and then mining it down to the poim where it was no longer there and then managing stock piles of it, that are reasonable, then keeping pace with the manufacturing process. instead of e ver accumulating ten million tires again . Council Member Yurchick said so. what are we going to end up with ... a stack of tires there on the site• Senior Planner Graham said the hope is that you would end up with a smaller stack of tires. Council Member Yurchick said there is a big plant out there by Sedalia. My understanding is that he can't find anybody to buy the material he recycles, which is why his stack is covering tens upon tens of acres. Mr. Graham said the notion with the incubator ... and perhaps it would be useful to have Jessie Silverst.ein, who is representing the Foundation, discuss it ... but there are opportunities there that an incubator could potentially commercialize. With that. he said, if the Council would be interested, Mr. Silverstein would be a better person lo address that. Jesse Silverstein said thank you. I am President of the Colorado Brownfield Foundation. We are at !0184 West Belleview Avenue in Littleton . We have been working with the CU Business Advancement Center, at the University of Colorado. And they have been working with their researchers, their scientists and lab techs. and people who arc working to invent and create different processes to use recycled materials . So the idea of the business incubator. that we would use this grant to develop, would be more to develop uses for end products and new ways to use recycled materials. With the hope, he said, of creating more demand for recycled goods. getting those recycled goods into the market faster and thereby helping people to, perhaps. be more efficient as to how fa.st they can move materials off their site. Along the way, we arc also helping grow businesses that will. hopefully. outgrow the incubator and locate nearby here in Englewood. Mayor ·Bradshaw said I have a concern, because there is a bike trail. there arc kayak chutes and there are some pretty nice recreational areas in that area. Would this negatively impact those? And, if so. how? Mr . Silverstein said, actually. the idea is 10 help them become more e 'ricicnt in how they use the materials and grow the demand for the materials. so that we can shrink the piles down. And. hopefully. pull those piles back away from the river comdor and help recover some of that open space . So. we arc really trying to help them consolidate their operations away from the river. Mayo r Bradshaw said okay. that is good enough for me . Council Member Grazulis asked if they won't always keep adding 10 it. Mayor Bradshaw said I don't know. because they aren't in incorporated Arapahoe County or Sheridan . Mr. Silverstein said they arc in the unrnco rporated area right now. Mayor Bradshaw said they arc in unincorporated Arapahoe County. Co uncil Member Grazulis aid. b~t they would continue to add to those piles? Mr. ilverstein said well. 1t 1s their operati n, so I an't speak for how they would react. but our hope is that we will add new types of businesses that can better use the materials they have. and so as fast as they add to them we can take them down . Ultimately. what we hope to do. he wd. is create a value on their site where the y might decide to move ut of the recycling business :ind perhaps house some more manufacturin1 and mo re producu n type fac1liues . 1\la)or Bradsh1l\\ J£ked 1f there \\ere any other question . o unc1 l l\lember Yurch1d; said I \la just oncerncd th:it 1fthey arc go1 n1 to be proccssina matcrulls. they .m, •,11 ng to hJ,e to ha,e 111,1..!. o f material. there 10 proce s. f• • ' .. • • Englewood Cily Council July 7, 2003 Page9 Mayor Bradshaw said. the way I understand it. is that this is not a facility. This is a network of people to use the recycled goods that you are trying to build. Mr. Silverstein said yes. Council Member Yurchick said they would recycle the Oxford Recycling, which in tum, Oxford Recycling will have to increase the size of its piles. Mayor Bradshaw said to meet the demand. Mr. Yurchick said right, that is my concern. Mr. Silverstein said what kind of attracted us to the Oxford site to begin with , was that they have these huge piles, and if you talk to them. they say they arc collecting piles because they arc waiting for the market to be strong enough so that they can get rid of them. So. he said, we are trying to help that market along . Mayor Bradshaw said is there any way we can make sure that they don't get any more stuff than they have now'? Mr. SilvcrMein said we are trying to help. I'm not sure I can address a regulatory issue . Council Member Yurchick said 1 don't sec this as an incentive to make the pile go away. I see it as an incentive to maintain the current pile or make it bigger. Mayor Bradshaw said but I think there is hope. Mr. Silverstein said we see it as a pile of raw materials and resources and the University of Colorado wants to bring emerging businesses to this area to utilize those raw materials . We see it as an economic development function. actually. Mayor Bradshaw said and this is for how long? Mr. Silverstein said the grant is a three-year cycle, a three year period. Mayor Bradshaw said then you would be applying for another grant? He replied probably. Actually, our first year activities include conducting market analysis and feasibility studies 10 look at recycle industries and to identify those uscrs of those goods. Right now, one of the issues in Colorado. is that we don't understand what businesses actually w;e those materials. We are suspecting ... and when I say we. 1 mean the University of Colorado and myself.. .that there ·.vc a lot of users of materials right now that are actually bringing them in from out of state. because they don't think of themselves as recycled material users. They arc just getting their materials from somewhere. And so. he said. part of our feasibility studies 10 help identify that cluster of industries and refocus them on materials that are available here to help clear them off. Mayor Bradshaw thanked him for answering all the questions. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (II) -A GRANT APPLICATION SEEKING SMART GROWTH FUNDS FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY. 1'1ayo r Brad,haw asked if there were any comments. Co uncil Member Grazulis said ll 1s for a three-year period . We can decide . Mayor Bradshaw ,aid 11 is. at least. worth a try. so 1 will be voting in fa,or of this. Vote results: Aye . Na y · Mvuon ,amcd. I:: Gtneral DiscussioD Council Members Nabholz . Moore. Garrett. Wolosyn. Grazulis. Bradshaw Council Member Yurch1ck ' • • Englewood City Council July 7, 2003 Page 10 (a) Mayor's Choice (i) Mayor Brad shaw sa id I have a couple of properties that I was going to turn in. but it looks like someone is working o n them . They are on Kenyon, and Fox and Galapago. There are weeds almost to the roof line . It looks like someone is trying to do something, she said . (ii ) Mayor Bradshaw said the other thing I had a concern about was that our City Hall property was looking pretty shabby. The weeds are getting very tall. How can we dare cite resident s. when we can't maintain our own properties? I have a problem with that. she said. so we need to get those weeds taken care of. City Manager Sears said I understand Rick Kahm has been in touch with them and there is a specific time when that mowing was supposed 10 have occurred . I don"t know if it has. Director Simpson sa id we can call the new owners. Mayo r Bradshaw said okay. so it is not our property, it's theirs. but they need lO maintain it. because it is just a mess. (ii i) Mayor Bradshaw said kud os to everyone who worked on the 4• of July. You guy s were inc redible o ut there. What a nice . ni ce event. It is nice to be a pan of that. she said. (b) Council Members · Choice (i) Council Member Moore : I. He said regarding tonight's noise and trash issue .. .I would find that very irriwina myself. I have heard of some cities with sound restrictions ... that if you can hear the noise 100 yards away, ii is 100 loud . In thi s case. he said. I tend to lhink that even at 300 feet away, I'm Slill going 10 hear a dumpsccr ae11in1 slammed on the ground . Mayor Bradshaw said I agree. I gave the information she gave us. to Gary~ 10 give IO Bob Simpson and asked that they please make sure that these guys o nly pick up trash !here before 10:00 p .m . aa night and after 7:00 a .m. in the morning . Counci l Member Moore said that would be one way of doing it. but I would also like to ,cxpand it . Do ou, codes appropriately address motorcycles. cars with thundering music , as well as ice cream trucks? Ma yo r Brad haw said we c an ·1 measure it. Coun c il Member Moore said ,r yo u c an hear II a 100 yards away . doesn·11ha1 become a more obJec11 ve sta ndard ? Mayor Bradshaw said Direc to r Ol so n has a res ponse. Direc tor 01 o n said "e ha,e addressed some o f these issue lhat the lady brouaht up IOnlJht We have do ne ,ome prCII ) s ignificant wo rk o n tht already. He asked Sergeant Sanchez to omc forward . Sergeant anc hez said r,e pent the benc• pan of the last two rnonlh dcahna "'tth M . Mock in retcrcncc to thi s s pecific ,,sue . Just 10 let you knm . there arc actually two issue . The first I ue. M . M~k brouaht up in the }Car ~000. referenced the: bac kup beepers 111 Waste M11na1cmen1. located 11t :?-IOO Wffl Uruon. "hu:h. according 10 my c alcul~11 o n • is appro '1marcl y I .~ miles a"'"Y from where Ms. Mock lives. We did so me ,ound tc i. o n Jul ) 1 . 2000 tro m Ms . Mod ;" pro pert) 11nd dcrernuncd th.&11ti ~rc was no appreciable d iffe re nce \\1t h the beepin g o und . ,\nd that. he 1d . \\US cssen1111ll ) 11,har 11,ceo&,udcd "' the nmc t . .. .. • • • Englewood City Council July7,2003 Page 11 Council Member Garrett said when you say no appreciable difference. did yo u mean there was no difference wl1cn yo u were s tanding o n her property. that yo u could sti ll hear it or you couldn·t hear it'! Sergeant Sanchez said you ,ould hear it. but it didn ·t ha ve any affect on the sound device we were usi ng. On May 7•h of this year, Ms. Mock called in a noise complaint to the Englewood Police Department and she made reference to a lo ud crashing sound. It took us . believe it or not. a month ... with everybody working t9 gether, trying to determine what thi s was. We thought initially it was the aquatic parks development there at 1155 West Belleview. We thought that was where it was coming from . We thought it was possibly the 11uin noise, because a lot of times when the trains start up . when they take up the slack between the cars. it make s kind of a loud jolting noise, and so forth. And it was about, almost, a month later exactly. that Ms. Mock called in and said that they had identified the crashing sound. It was, in fact. Waste Management picking up a trash dumpster located in Belleview Park in the south parking lot. I met with Waste Management on June t3'h and asked them if they would no longer pick up that trash dumpster, which they agreed to and which they have ceased doing. But in do ing additional research on this issue, he said, it is actually kind of interesting. If you look at a zoning map, the trash dumpster in that particular part of the park, is located in the residential area . The park, if you factor in both Belleview and Cornerstone Park , is actually broken up into three different zones . You have a residential . high density residential and yo u also have business. and that is part of the problem . So, we were able to effectively address the one dumps ter. because it is within the residential portion of the park. Beyond that, she has additional concerns about the trash collecting on Windermere. If you go from Layton north. which is 4800 south, that is all industrial area. It is not re sidential. it is industrial. If you go from Layton to approximately the 4900 block of W indermere, mid-block ... the west side of Windermere. that being Belleview Park, that is zoned as residential. So according to :he ordinances that we have , Waste Management would not be allowed to pick up trash across the street from a residential area. From approximately mid-block in the 4900 block, all the way down to about the 5200 block o f Windermere. the park is zoned business, not residential. .. its business. So. therefore. we cannot enforce the trash collection along Windermere. Right. wrong or indifferent. She was complaining about a car wash there. I believe it is on the nonhwest corner of Belleview and Windermere. Again I don't know, that is actually in Littleton. I don't know how that's zoned, but I'm going to guess it is probably zoned bu siness, but across the street in Englewood, that's also zoned t-usiness. that is why we can ·1 enforce anything across the street. So there is actually quite a few issues. Getting back to the backup beeper issue. like 1 said. as the crow n,es. Ms. Mock lives about 1.2 miles away. When we did the earlier sound test back in 2000. we determined that you couldn't pick up the backup beepers . Yo u co uld hear them faintly. but ir didn't register on the noise meter. So. she said that we needed to do the so und c hec k from the property line . and she was correct. So, we did a sound check on the north side of Waste Management and again. there were no violations and the threshold for violations, between 10:00 p .m. and 7 :00 a .m . is 70 dB (A). There are two rypcs of backup beepers. There ,s what is called a trilled beeper and then rhere is ano the r backup beeper so und . It did not exceed the 70 dB (A). So when I told her rhe results, s he then said. yo u need 10 make the test from the east s ide of Waste Management. She basically lives due east of Wasre Management . o I to ld her I would do that for her. We have yet to complete that piece of this puzzle. he said. but beyond that I just think it is important that the Council has an accurate unden,tand ing o f what we can and cannot enforce. We did address the dump ster that wa in the park that \\as zoned residential, but o n some le ve l. we arc unable to address any trash collection that occurs on Windermere. where the opposite side of Windermere is zoned as business. which accounts for about two and one half blocks. a nd that include s the Belle view/Windermere area. Coun.:ol Member Yurch1cl asked of there were reall y that many trash trucks pocking up trash at night over there! I kno" o n the hill . they pretty muc h run from 8 :00 a.m. 10 5:00 p.m .. v.•1th a little ovcnirne or start at 30 in the morning. but tl'l~y arc n ·t running .iro und at 10:00 at night. .. I'.!:()() at mght ... cmptyi ng dump,ters. <rgeant anchez ,a,d. unfortunate I~. the pany that could have an wcrcd that qucstton ha since left. There \\.I .1~1uall~ a rcpre cntall\e fro m Waste Management here tonight. v.ho could have answered that quc,t11>n I do lno\\ th l :.Is. Mocl e ~nttall) \\ a compla1mng .1bou1 a loud crashing und at ~:00 on the m<>rmn,: anJ t r a month ptu,. that \\3> really the fo..:u of our er tons. ~ c \\Cre trying lO determine "here t . .. .. • • -- Englc,.ood City Council July 7, 2003 Page 11 D . that came fro m. Once we loc ated that and reso lved that . then it seemed like it then became a question about th e backup beepers and also tra sh co lle ction o n Windermere. Council Member Yurchick asked how far was the crashing noise from her ho use? Sergeanl Sanchez said I 1hink ii was fairly close . Again . ii was in that south parking lot . The dumps1er is 1o ward the norlh part o f that parking 101 and I could see where that would be a problem for residences. because yo u ha ve residences right there o n !he east side of Inca . So, that would be an issue. But again . as 1he c row !lies from her re si dence 10 Windermere, it is about .four-tenths of a mile . Council Member Yurchick said so it is more than 300 feet? Sergeant Sanchez said absolutely. 2. He said I enjoyed the business forum on 1he occupational head lax . The business community cer1ainly made a s1rong showing, and I think they made some really good points. rm certainly weighing over the issue in terms of both whether or not to proceed and whether or not. if we do proceed, if $5.00 is 1he right level. I have a couple queslio ns I would like information on. One is, would it be possible on the head tax to exempt the c itizens? First of all , is that even an option. as the premise is that the head tax covers services that they are not 0 1herwise paying for. So would it even be possible to exempt citizens from the head tax ? And if so. what would that do to our cost estimates, the revenue estimates? Mayor Bradshaw said I believe the revenue es1imates, correct me if I'm wrong . were based on 22.000 employees. Ci ty Manager Sears sa id yes. 22.000 employees . That is correct. Counci l Member Moore asked how many of those are Englewood citizens? City Manager Sears said I do n 't think we know that. Council Member Wo losyn said I asked that question before and they basically said it would be too much of a quagmire to administer. Ma)or Brads haw aid I think we need 10 go forward with it . Now wha1 form ii should !like. I don'1 know. And I 1hmk "e need 10 get so me bus inesses together 10 help us formulaic guidelines and things like that. but ma ybe we could put a s unset o n it. Maybe we cou ld pu1 a sunse1 on ii. when the URA bonds arc paid up and then 11 would drop in half. I don ·1 know. he said. if yo u ever gel rid of a tax once yo u csiablish it. Co uncil Member Wo lo,yn no ted Mr. Moore aid he had thoughts about 1he $5 .00. I have too, she said. Council Member Moore said I was \\Ondering 1f 3.00 would make it more tolerable·> Is it fairer ? Again , the le) point o f their argument tha t registered w11h me is that I don 't want us 10 do .uiything that makes doing bu me,, ,n Englc\\ood more d1fficull. ·au,e we will end up hooti-n g ourselves in the fool. This is Jb<>ut prl!,ef\ mg en ice for our cittzen . but if. ,n the long run, we hinder doing business in Englewood. "ere.ill~ ha,cn ·1 gained Jn}thmg o "" arc trying 10 gue sat that lo ng-1erm impacl. My thought is that I "°' 1n 0.,0\er .iml I pay 1h1 s 1a,. that', the \\ay the Denver metro area doc it and all we are doing is 11:!-eh ng o ur '""" ou1 o n the pla)mg tield. Thal was 1he pnmary reason I was comfonablc wilh 1he tax . Again. I 1h1nl thl!~ made w me co mpclhng nrgumen1 ,. One thing that make Enl!lcwood :111ract1vc. i the lac!. 0 11h1ng h l e the head tJ, nd tha 11 s \\hat I'm s11ll trying 10 c hew through. l s that going to hinder Jomg bu,1ne,~ 1 If 11 1 g01ng 10 htndl!r doing bu 1nes, m Englc \\ood. then rm 001 s ure that it 1s doing 11> g0<)d 1n the k>ng run an \\C .o do\\n 10 00' E,cmpttng cmzcns was o ne possibility. but 1t so unds hkc that 1, II( 1 1e.1>1blc I had ,mot her quc ttun . 10 e1 an idea on the lllbll!. One of 1hc1r arguments 1s that the b u,111<,se are not ;idequJtel~ pa} mg for the en ices the~ rc,·cl\c 1n tcrrn of po:ice protection . tire pr 1~11,,n. rolJ, Ceri ml~. o ne o t their .u umcnl 1 1ha1 the} .cnerate our sales ta'IC . Thal it not o nl} ,u,er, thJt. thJI t1 mvre thJn ~o,er, ti that ti ub 1d1zc, En le" It 1 ;i f:ur argument . he sa id . ' .. • • Englewood City Council July 7 , 2003 Page 13 Mayor Bradshaw said who pays th ei r sa le s ta x? Council Member Moore sa id th e users. whoever th ey are. the y are nor j ust Englewood ci tizens . But can we target it more to busi r.esse s that aren ·1 generat ing sales tax ? Mayor Bradshaw said yo u kn ow I was thinking . You know the 38 car lot s on Broadway just drives me nuts . Perhaps there sho uld be a fee for having c ar lots . It makes me crazy, she said. we had 31, now we ha ve 38 . Council Member Moore said that is o ne thing I would like to explore. Ms . Wolosyn said I think that is part of the picture. Council Member Moore sa id we have a much stronger argument that the car lots arc using the finite land of the City and they are no t s upporting the serv ices that the City provides. So is there a way we can distingui sh it? You kn ow, maybe we can target businesses that arc not providing sales tax and they are really using City services. Mayo r Bradshaw said so would you be against putting an occupational privilege tax on the ballot"! Council Member Moore said I have not made that decision yet . The arguments presented by the businesses were more persuasive than I anticipated. Council Member Grazuli s said yes. I concur. Council Member Moore said at the moment I'm not sure that I do support it. Now, !he problem that eats at me is tha, it means service cuts . That's the hard part. As much as I appreciate the businesses input ... if we don·, put it on the ballot. there is nothing left . The property tax is not an issue and I confirmed again with Gary what the sales tax on groceries would do and it is nothing. We have to accept. if we don't go forward with this. then the only answer is lo cut the services we arc providing. And. he said, I'm not comfortable with that either. Counc il Member Wolosyn said I was comfortable with the idea of an occupational tax, in the beginning. but when we introduced it, I thought we were going to be in the realm of Greenwood Village and Aurora. which is $2 .00 on each side. By the way, I think Denver"s is $4.00 and $4.75 . Mr. Moore said it is higher than that. I know mine is over $5.00. Ms. Wolosyn said I looked at the form they gave us and maybe it is $5.00 a nd 55 .7 5. AsslSlanl Cit y Manager Flaherty said it is $-'.00 and $5.75 . Council Member W olosyn said so we arc higher. Council Member Moore said 10 be honest 1f \\Care going 10 do it, \\e mig ht~ well do 11 at $5.00. Council Member Wo losyn said what about a great big retail place coming in and it I such a competitive mar~.:110 get re tail into C\'ery municipalit y in th1 tate nght now. 1t·s compemi vc . she said . Mayo r Brad shaw sai d but where would II come m here? There was discussion about the car lot . Council Member Wo lo yn sai d the reaso n I support o ne 1s that . as the Mayor has said so often. \\'C du want 10 m ,e tO\\ard dl\er 1fy1ng o ur cc no mtc bases . I know II \\Ould not solve o ur problems. but I thought a mall o ne. ,omcthtng m ltne "uh nc1ghbonng communmcs. \\Ould put a linle more mone into the General Fund . That 1 ,\h)' I think ti would be prudent to research tht • he said, and I would hope that "e can prc~.:nt 11 in a way thJt tl I n·1 puntlt\'C, as \IC arc trn mg to lccp o ur communtl y health). Ma~or Brad h.l\\ aid o ne mill o n o ur propen~ generate about 30.000.00. So to get the s.a-bani for 1hc bu:l. go for a property 1a, 1ocrcasc of 5 mtll ~- ' ... .• Englewood City Council July 7, 2003 Page 14 Council Member Wolosyn said but then businesses would pay more on that. Mayor Bradshaw said yes. they would pay more on that than they would on an occupational privilege tax. So. I don't know. she said. The concern is that we need to diversify our tax base and I'm not trying to do it o n the backs of the business people. That has certainly never been my intent . But the residents of the City have subsidized the businesses services for so long. They pay for fire protection. they pay for this, not that businesses don't, but businesses customers pay the sales tax . So, she noted, it is tough. Council Member Grazulis said I still agree with a lot of Council Member Moore's issues regarding this and his concerns. Until that evening, when the business people came forward, I was completely going for it and now I am just reconsidering. Mayor Bradshaw noted that that won't be in the ballot issue. City Attorney Brotzman said that is one of the discussions about how and when we bring forward the ordinances. There arc actually two ordinances. One is a ballot question that needs to move forward to meet the deadlines to get it on the ballot. The second is the implementation ordinance . The implementation ordinance contains all the exemptions that you arc talking about. Whether you want to do a resident exemption or if you want to do non-profit exemptions. CML has urged us. he advised, that if an employee works in two jurisdictions, to please take that into account. So all of those issues would be in the implerncnmion ordinance. We have always thought that needs to proceed through ACE and also to get their input on making it, administratively. as simple as we can for them. You know, having an exemption is nice, but you don't want to make it more difficult for them to do the exemption than it is worth. One of the other discussions we had is that there used to be a minimum that you had to make. Thal hu actually been taken out of the ballot language itself. It is an exemption that is in the implemenwion ordinance . Right now, we would be taxing people that make $6.000.00 a year. Certainly, to sec the level the employee has to pay ... that level needs to be discussed and set by a recommendation, probably by ACE. and then. set by Council at some point. But the question regarding the implemenllltion ordinance. is when do we bring that forward? Do you want to begin discussing that now or do you want to wait until the ballot ill5UC actually passes? And then you move to implement it and you get the voters rC.1Ction. Do lhcy want to do thi s and how do you want to get input on all those exemptions in that process. Mayo r Bradshaw said next Monday we get the budget. which could answer a lot of lhc concerns you have. We will know what Englewood will look like if this doesn't pass . My thought is that we need to let the people vote . That's my thinking. We can deal with the paniculars later. she said. In response to Counci l Member Wolo yn. City Attorney Brotzman explained that the dollar amount will be set in the ballot question. Right now the current proposal is S5 .00 and $5.00. That actually nccds to be in the ballot question. we have tcr use the TABOR language. Mayor Brad haw said. however. 1f we arc thinking about changing that to $3 .00 and $3 .00. then let say it and be done ,,1th 11. Or watt unul the neu Bus1nc Forum and make that COfTCCtton afterwards. Coun ii Member W o lo yn aid I am leaning more towards S:?.00 and $_.00. Counci l Member Moore said if }OU wan1cd to pursue a sunset prov151on. that would be in the ballot question . Is that righ1? Cuy Auorney Bro1zman satd }t • that would actually be 1n the ballot lanpaae. Council Member Moore said. Mayor Bradshaw. }OU made a grc:11 point. One real advanaaac of 1h1 ta., 1s 1he dl\er 1tka11on of our revenue urce. But II seem that the sunset would some,..hal be counter 10 thaL l\la)or Brad ha11 ,J1d 1hc o nl~ rc.1>0n I'm thinking un~t. i bcc:iuse we hla,·e the URA propcmes that ,.e Jrcn '1 ,ollccung ales t trum. 1 thtnl that I about ~oo.000 .00 10 800.000.00. tht point. thal ,.c arc t ..• • • Englewood Clly Council July 7, 2003 Page 15 losing out on, because it is going to the Urban Renewal District. Maybe we could decrease the head ta.~ as tho:;.: come on line in 2008'/ Council Member Wolosyn said this is the point I would like 10 make . I just read this article about ~ertain kinds of businesses that really aren't productive in the traditional sense. Like governments productivity is never really going to go up . Government has to provide certain services and yet because productivity can make other businesses more profitable ... government and education ... they compete for the market place for workers with these other businesses, that do have the possibility of having greater productivity and greater profit. So. I think we have to look down the road at what we are handing the next Council. They may just need that $600,000.00 to bring even. So I wouldn't feel comfortable, sunscting, if we arc talking about creating a new revenue stream. Mayor Bradshaw said, also. when we get the permit system set up. we would be able to see what types of businesses cost us all these services. Because I'll tell you, there arc certain businesses in our City that have a lot of police calls. Then there arc certain businesses that might not have a police call all year. And then, she said, we could look at a fee for service, if that is what we want to do. Next Monday we will have a bigger and more realistic picture of what the budget looks like without this in there. And, are you willing to go 10 your citizens and say, "okay, the library is open four days a week"? We are sorry. What else would be looking at? We know about street sweeping. What other cuts are we anticipating? City Manager Sears said Code Enforcement. Mayor Bradshaw said okay, we won't have Code Enforcement, wc will h:rve one officer for the City. Arc we willing to do those kinds of things or arc we willing to say. okay citizens. decide ... do wc want this or not. And that is where I am stuck, she said, because I understand that the business community is vital to our City and always has been. My family has had businesses in this City for years. But, by the same token. we arc limited on property tax, because of TABOR . Okay, we have TABOR. Amendment 23 and Gallagher. all together. It is a perfect scenario for us never gelling money to run the type of services. to have the quality of life in our City that our citizens deserve . Council Member Moore said I absolutely agree and that is why I'm wrestling with this. I don't want to have to go forward with those cuts, but I want some better degree of conviction that this is good for the long-term health of the City. He noted it is a good idea for the short-term health. but is it a good idea for the long-term hcahh't Mayor Bradshaw said do we want to just make it simple and go for a mill levy increase? Co11nc1I Member Moore said. certainly. from day one. the concern about that is in regard to the schools. would support it. but I don't thmk we would get 11. I think not only would we not get that. he said. but we m1gh1 endanger the schools. Mayor BrJd haw said \\C have fo ur school districts in the City. Council Member Moore said \\C ha,e another Forum ne" \\CCk that will be helpful. We will have some hard budget numbers to ,tart looking at next week. The only other thing that I'm 1111 curious about. he ,a,d. i \\hether ther~ 1s something "'e could do that 1s targeted more directly to non sales tax producing bus1ncsse . I that not a ,;able opuon'1 Ma)Or Brad ha" said \\C could change fees . Is thut right'? Cuy An rney B rotzman ,aid }CS It can·1 be a la~. it has{.> be a fee . M..1 ~o r Bradstm, aid ~c . 11 ha, 10 be a tee . but mayb a S2.500.00 license fee for the use of a car toe in En_le\\ood Th.~t \\OUld be u b,g re,enue generator right .~<'re. she said . Coun.:11 '.\kmber ;\loore aid 1, that a leg1 1tmJ1e point for discuss ion ? t .. • • Englewood City Council July 7, 2003 Page 16 Ci1y Auomey Brotzman said it has 10 be a legitimale fee and thal is what we are going to have to consider. The costs have to be 1he cost of providing services for that 1ype of business. We have to have that backup to do it . Otherwise. it is a 1a,,. City Attorney Brotzman said you can do a tax . I'm not saying that you can't do a tax. but if it is a tax , you need to take it to the voters. Council Member Yurchic k said can we get numbers for the cost of the services we provide the car lots ? City Manager Sears said we can take a look at it. Mayor Bradshaw said or we could deal with it with zoning. City Attorney Brotzman said that is going IC' be problematic now. The State Legislature just prohibited us from using amonization. which we did with day labor businesses. We are now prohibited from doing that with any businesses except adult . (ii) ('r,uncil Member Nabholz asked about the status of the lot at Yale and Broadway. which is right next to Becker's Appliances ... then there is a vacant lot with a chain link fence and then there is a Manial An~ Studio. I don't know if Bec ker still owns it, she said, and that worries me . 13 . City Manager's Repol1 (a) City Manager Sears said we received a check of approximately $108,000.00, which is a refund from the Denver Metro Baseball Stadium District. It wasn 't the $750,000.00 we received last time, he said. but it is $108,000.00. (b) City Manager Sears said staff is putting together their budget . We will have the numbers from June, at next Monday night's meeting and 11 will be the most recent information. The preliminary budge_!. or the budget we put out. is with a 10 per cent cut going into 2004, which equals, approximately, the three million that we think we are going to be down . Again, this is without a head tax . I just want to re-emphasize that this is still preliminary. It is not comprehensive. We will be bringing the budget to Council. in a comprehensive fashion, in late Augusl. .. with a possible work session in early August, but knowing the s ituation we are in, we are going to give it our best shot. But I just wanted to let Council know. he said. that the magnitude of a three million dollar cut to our budget is going to severely impact the services that we have. There are employees that arc somewhat associated with the services. We are only gomg to li st services. not employees. but many of them have been informed that those types of positions may not be continued, if the cuts are made and if there is not a new revenue source of some means to fill in . But we will get that to you in o ur best fashion Thursday night. in the most succinct way that we can. We will be looki ng for any type of feedback from the Council. We are still in the process and, again. we know the final b ud get won't be done until late August. I just wanted to re-emphasize that. he said, but we will try to provide the best picture . from the staff level. as to where we plan to go and it will be severely impacting the current services· that we have . Ma yo r Brad,haw sai d I don't th ink that me ssage came across in Michael Flaheny 's presentation at the Open Forum. I thank the me age was that we have c ut , but when we are talking three millio n dollars and bus,ne,ses ha,e. ma ybe. a $:!.000.00 profit. that means nothing . Do you see what I mea n We need to bring some o f that information down o n a smaller sc ale . I don't know. We are a full service city, we pro, ,de everythin g ... " ater. sewer , street , police. tire , building permits. But. anyway, my .:onccm is that I don ·1 "ant us to wa u until the eleventh ho ur o n any of this. I would like this Council to put it in their head . that o n Jul y 21 ~. we are making a dec1S1on o n the occ upational priv1 le1e tax . one way or the other. do not thank II is my JOb as an e le led representattve to make dec1s1ons that would stop somebody from ,0 1cmg their opm1on o n the ballot. And that ,s where I'm conung from on that issue. she said. Council :>.!emb er Yur ha ck .rnl but II doe,n·t ghe c,er)body a chance to voice their o pimo n . • t • • Englewood City Council July 7, 2003 Page 17 Mayor Bradshaw said do we deny our residents a chance to find an alternative form of re ve nue ? If we work on it as a commiuee in reasonableness, I don't think so. Council Member Moore said if we put ii on the ballot is it a recommendation from Council 10 pass the measure or are we just saying we are not telling you which way lo go. but here is the ballot question? Mayor Bradshaw said it is a ballot question ... but we can say. here is how Englewood will look if this doesn't pass. Council Member Moore said staff doesn't take positions, but Council docs . Mayor Bradshaw said that is right and we set policy. Council Member Moore said I take it , if we unanimously put this on the ballot, to me that is a statement to our citizens. that we are asking them to approve this. Mayor Bradshaw said we will have a picture of what will happen if we don't increase revenues. 14. City Attorney's Report City Auorncy Brotzman did not have any matters to bring before Council. 15 . Adjournment OSHA W MOVED TO ADJOURN. The meeting adjourned at 8:50 p .m. -~ 0 May 28 , 2003 To whom it may concern: •• • • Alice Corns 2151 W Radcliff Avenue Sheridan, CO 80110 303-761-0299 acomsl963@aol .com I am cofl1)Clled to write all of you this Jetter in regards to the way Public Hearings are done within Englewood. I have learned for the first time in my life that just because a public hcarq is called DO one in the decision approval process bu to listen and react oijectively. I am so afraid when the South Platte River Open Space Plan DOW goes before the Englewood City Council for approval or disapproval they won't know this story. Maybe they don't care either. Should Englewood's Council approve this plan thinking that the Englewood Planning Coomi.uion already listened to the public mJ nale a ratioml decision for appoval they are corq,letely wrong. Sheridan and unincorporated Arapahoe County should have never been included in a plan that is strictly about Englewood and their vision The complexity of this plan was never comnunicatc:d with those that it effected. Even Englewood's staff mislead their own Planning Commission as well as the effected land owners and businesses. The 'YIL'll Mljorily ofEqilewood's South Platte RM:r Open Space Plan is located outside Englewood's City boundaries but that doesn't matter to Englewood. They have a vision to change Englewood, Sheridan as well as parts of unincorporated Arapahoe Coumy. Visiom start, vision pul on paper, vision becomes the way of the land. W'tlm a vision, for it to work, you have to deal drect1y nh wllll is in your city limits and take no comidcration public q,ut and appm:iate it. ENGLEWOOD'S South Platte RM:r Open Space Plan #CP 2003-1 should be called ENGLEWOOD's Opportunity to take the City of Sbcridm, Arapahoe Coumy and change the cmn araa as we know it fiom North of the Littleton Cay Line, West of Samia Fe, East of Clay and SoUlb of Dartmouth. Very lade of this approved plan is really about the river. In the WI)' bepmJg it WIIS then the plan cmage direc:tioo ml became about redew:lopmn. If you are in this an:a whcthcr or mt in ~ City limits or wlbm Sheridan's City limits (X wituJ the sea eflecting unincorporated Arapahoe Coody )'OU med to ICC wllll is aoing to happen to you. Englewood is out to get you. Anyone for any reason in this area needs to ICC what F.ng)cwood i, up to. Please read in its entirely the South Platte River Open Space Plan. The plan can be 9CeD at www .!/QllcwoodBoY.ora or contact~ staff Lauri Dannemiler at 303-762-2352 about where to get a copy . The majority of this plan area is within the City of Sheridan. That fact doesn't stop Englewood's planned takeover. If you are a citil.cn, business, employee, landowner, coUDCilpenon, mayor, planning conmissioner in Englewood, Sheridan or Arapahoe County you need to pay attemion Englewood is out to get their way . The stro~ arm ofE.iewood's government bu more than began agan Condc:mation of land mJ takq over land area outside F.nglcwood n nothing new. Just look at the E~ GolfCoUJ'!IC COD1)lctely localed within the City of Sheridan. The new buebaJl and !OCCCr fields DCXl to Ccmmnial Park condamcd md taken yes, by Englewood. Englewood is in a financial hardship of their own once again and would benefit from a land takeover under the false pretenses that it is just about open space and parks. Read page 49 of The Plan where it says "including comidc:ration of revenue sbarq". El~lcwood wanls a share ofShcridan's revenue in this area Tbe plan is all about Englewood , money and changing an ara i>r redevelopment that a't even comple tely within Englewood. Englewood can condetm land within 3 miles outside their boundaries . Only the land owners within this area were notified by Englewood of their February 25 , 2003 Public I !earing for this South Platte River Open Space Plan . It appeared to be a plan about the river and the land alread •ivcn up to the Army Corps of Engineers on both sides of the river. for the river and recreation. All er ·I• ' • • May 28, '.l003 To whom it may concern: ·• • • Alice Corns 2151 W Radcliff Avenue Sheridan, CO 80110 303-761-0299 acorns 1963@aol.com I am corq,elled to write all of you this letter in regards to the way Public Hearings are done within Englewood. I have learned for the first time in my life that just becaU!IC a public hearing is called no one in the deciciion approval process bas to listen and react oqectively. I am so a&aid when the South Platte River Open Space Plan now goes before the Englewood City Council for approval or disapproval they won't know this story. Maybe they don't care either. Should Englewood's Council approve this plan thinking that the Englewood Planning Comni1sion amdy listened to the public and made a ratioml decision for approval they are completely wrong. Sheridan and unincorporated Arapahoe County should have never been in:luded in a plan that is strictly about Englewood and their vi<lion. The complexity of this plan was never communicated with those that it effected. E\ICD Englewood's staff mislead their own Planning Commission as well as the effected land owners and blurinesses. The vast majority of~'s South Platte RM::r Open Space Pan is located outside Erw)ewood's City boundaries but tbat doesn't matter to Englewood . They have a vision to dlmge Englewood, Sheridan as well as parts of unincorporated Arapahoe County. Visiom start. vision put on paper, vision becomes the way of the land. Wilm a vision, for it to work, )'OU have to deal dnctly wilh whit ii in your city lmils 11111 take no consideration public input and appreciate it. ENGLEWOOD'S South Platte Riw:r Open Space Plan #CP 2003-1 should be caDcd ENGLEWOOD's Opportunity to take the City of Sheridan, Anlpaboe Coumy and dlmgc the anc an:a as we know it tiom North of the Littleton City Line, West of Santa Fe, East of Clay and South of Dartmouth. Very &de of this approved plan is really about the river. In the wry beginning it wu then the p1ln ~e direction 111d became about redevelopnem. lf)'Ou are in this mm whether or oot n ~ City &mu or wtil Sheridan's City limits or withn the an:a eti,cting unincorporated Anlpaboe County )'OU need to ICC whit is going to happen to you. Englewood is out to get )'OU. Anyone for any l'CIIIIOD m this area needs to ICC what F.nglewood is up to . Please read in its entirely the South Platte River Open Space Plan. The plan can be 9CCD at www.eqdewooc1Roy.Qf1 or contact ~ staff' Lauri Dannemiller It 303-762-23S2 about where to get a copy. The majority of this plan area is within the City of Sheridan. That fact doesn't stop Englewood's planned takeover. If you are a citizen, business, employee, landowner, cowx:ilpenon, mayor , planning commismner in Englewood, Sheridan or Arapahoe County you need to pay attemion. Englewood i., out to get their way. - The stro~ arm ofE.iewood's gow:mnent bas more thin began agui. Condamalion of land and taq over land area outside Englewood n nothing new. Just look at the E~ood GolfCoU19C COll1)1etdy located within the City of Sheridan. The new baeball and 90CCa' fields next to CavmiaJ Park coodamed and taken yes, by Englewood. Englewood is in a financial hardship of their own once again pd would benefit from a land takeover undel the fabe pmemes that ii n just about open space and parks. Read page 49 of The Plan where it says "including comideration of revenue sbuiqi". Eawlewood wants a share of Sheridan's revenue in this area. The plan ici all about Englewood, money and challpia m area i>r rcdevelopmcnl that iln't CYCD completely within Englewood . Eawlewood can conderm land within 3 miles outside their boundaries. Only the land owners within this area were notified by EJwlewood of their February 25 , 2003 Public I tearing for this South Platte River Open Space Plan . It appeared to be a plan about the river and the land already given up to the Army Corps of EnginecTs on both ides of the river. for the river and rccrealion. After ' • • --·• • • r--. 1.__J . I read the entire South Platte River Open Space Plan prior to the Feb . 25 public hearing it was very alarming. l immediately call officials with the City of Sheridan. They knew nothing of the extent or contents of this plan. How could something so intrusive to the City of Sheridan be not know? Whether previous council members and staff didn 't want their public to know what Englewood was really pushing, maybe they were told or thought it was the area ONLY along the river a1ready dedicated to open space and river recreation, maybe the council members in power at the time of ns conception wanted to sell out the City of Sheridan to Englewood, maybe the City Manager Randy Young. Mayor Egan, council members such as Johnson and Marple back in say 2000 or 2001 when the South Platte River Open Space plan originated weren't paying attention or were they? For wmt ever reason in Feb. 2003 not one Sheridan government official or staff member was aware of the extent or ramifications of ENGLEWOOD'S South Platte River Open Space Plan. However, current Mayor Carter and Sheridan's currem council has become aware of ENGLEWOOD'S South Platte River Open Space Plan. They are extremely concerned with Englewood's lack of communk.ation. The current City Manager has been there since June 2002 and only 3 members of council were elected in October 2002. Why were they not informed ofthis. The only reason that make sense is Englewood didn't wam them to know and wanted to strong arm them without any opposition. Not only does it effect businesses and landowners in Sheridan it effects businesses in The Plan area of Englewood and Arapahoe County. It is somewhat understandable that Englewood wants to mlevclop areas like ~ Waste Mana.,.....,. is only bccau9e it is in the City of Englewood but how could Englewood dictate wmt is to happen wilh the areas of the plan outside ofE~ood.. The powers that be in Englewood had a chm.:e to 110me of this area in the 1970's but wouldn't guarantee land use. The area fought Englewood and Englewood Jost that takeover and since then the area was incorporated into Sheridan. I along with many others attended the Feb. 25, 2003 Planning Comnission Public Hearing. During this hearq not one penon who spoke at the bearing spoke of support i>r the South Platte Riw:r Open Space Plan that ENGLEWOOD finaliml in October 2002. Englewood's own Mayor did not attmd this bearing to support the plan but Sheridan's Mayor, S council mcmben and the City Manager were there and most spoke sbowmg oo support and asking for time to review things. The minutes to this Public Hearing are awilable, you just need to request them. At the Feb. 25, 2003 bearing the connissioners agreed to postpone my approval or disapproval of the Plan for 3 months . They decided May 20, 2003 would be the next time the Planning Commsion i>r Englewood would considcl' it. Obviously Sheridan was now~ iniJrmcd about what Englewood is !f to. If this was truly ajoim cities plan then Sheridan would need to ba\'C q,ut. On May 15 I requested a copy of the agenda for the Planning Commission May 20• meet~. #3 on the agenda states "Public Hc:ariog Cae #CP 2003-01 South Platte River Open Space Plan" I faxed this agenda to many land owners and business owners. In attendance at what Englewood was calling a "PUBLIC HEARING" were land owners, business people, Sheridan Mayor, City Manager, Council members and concerned citizens for Sheridan. The meeting started with basically the Planning Commissioners stat~ that the public hearing had been CLOSED February 25, 2003. The planning Chairperson made it clear with the help ofEnglewood City Attorney to the other plaming comnissioncrs and public and press m attendance thlt since the meeting was closed previously they would be listening to no new testimony. Three roonths for any government to act on an issue of any type comes very quickly. It was May 16, 2003 that Englewood's Planning Connnission staff received a response letter from Sheridan Mayor Mary Carter. In her letter, Mayor Carter said she wilbed to speak at the upconmg May 11f' meeting and went on to explain. No one within the City ofEnglewood forwarded this letter to any planning cormnissioner prior to 7pm May 2o•h. One copy of the letter was setting on the desk area of the planning conunissioners for them to review . Englewood 's staff had 5 days to get copies to the Commissioners for review but Englewood's powers that be did oot want them to have this information. Besides that iftbe public hearing were closed in Felruary and no new test imony was to be allowed after that point in time including the fillse "public hearing" it wouldn 't matt er if anyone or entity had sent I or 30 responses , the commissioners were not going to listen outside of the 2/25/03 publi c he aring. Wait th ey weren 't listening to what was said during the Feb . hearin g. Everyone ' •· • in the previous public hearing spoke agaimt the plan. At the May 20111 "public hearing" not one member of the commissioners asked to open the Public Hearing to allow more testimony. Any one of them could have. The Commissioners spoke amongst themselves for a lengthy amount of time and they voted 4 -3 in favor of approving the plan in its entirely to be passed along to the Englewood City Council for their approval or disapproval. Following the approval vote tbcrc was public comment. It was vay negative to what bad just happened. Even Plmming Comnissioner Patricia Mueller stated she tbouglt May 2cf-was a public bearing allowing imre public testimony. She would have liked to bear espcciaDy what Sheridan Mayor Carter bad to say pmr to imldo& a decision on the approval. F.nglewood not only pushed this plans tboup past the public by not listcnina and notifying aD to be etfect but EIJl)ewood also deceived its own planning Commissionen. Comnissioner WcJkc:r, who was on the steering committee for this plan, bad a tremendous amount of time and e8ort on the plans creation began to ace it was going in the wrona direction and voted "no" for its approval. It aecms to me that cw:ry comnissioner except Kells Wagonecr bad c:on8icts with the plan in its entirety. Parts of the plan were good but others arc not. Now what I really wonder, and you should too, is when it goes to F.nglewood's City Council for approval will they be aware of any of this. No one even said when it will go to council. WiB the council listen to the public then or just ace that the plamina comnission approwd it.? f.na)ewood needs to stay within ita city boundaries and listen to its citizens. Public conmems and opinions should mtter after aD doem't the public c1cc:t gowsrmncnt oflicials? You should be m,nncd and I am hopmg this letter mtigbtens you to what Eog)cwood is up to. Plcaae bward this to anyone you like. Respoctfully, Alice M Corns Business Penon cc. Englewood City Council Members, Enpwood Plamiog Commillsion Membcn, Englewood Herald, Arapahoe County Comnissioner, Sheridan City Council, Shmdan ~ Coumllion, DenYCr Dispatch and concerned citizens, land owners and businesacs. "';·. I. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION February 25, 2003 CALL TO ORDER The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 p .m . in the Englewood City Council Chambers, Chair Waggoner presiding. Present: Absent: Staff: Adams, Krieger, Lathram (entered .. 7,10 p .m), Mueller, Roth, Schum, Welker, Waggoner Diekmeier Lauri Dannemiller, Senior Manager Anthony Fruchtl, Planner City Attorney Dan Brotzman Chair Waggoner stated there was a sign -in sheet available for those who wished to address the Commission. II. APPROVAL OF MINUTES February 4, 2003 Chair Wagg.oner stated the Minutes of February 4, 2003 were to be considered for · approval. Mr. Roth stated there was a correction on page 2 . It should read "Ms. Lathram was elected Vice-Chair." Schum moved: Mueller seconded : The Minutes of February 4, 2003 be approved as amended. AYES : NAYS : ABSTAIN : ABSENT : Adams, Krieger , Mueller, Roth, Schum, Waggoner, Welker None None Diekmeier, Lathram The motion carried. Ill. SOUTH PLATIE RIVER OPEN SPACE PLAN Case #CP 2003-0 1 Chair Waggoner stated th e issue before th e Commission is a Public Hearing on the Sou th Platte River Open Space Plan . H e as ked for a motion to op en the Pu blic He arin g. Schum moved : Krieger seconded : The Public Hearing on Case #CP 2003 -01 be opened . AYES : NAYS: ABSTAIN: ABSENT : Adams, Krieger, Lathram, Mueller, Roth , Schum , Waggoner, Welker None None Diekmeier The motion carried . Chair Waggoner asked staff to present the case . Lauri Dannemiller, Senior Manager, was sworn in. She introduced two consultants, Bill Wenk and Grayson Baur from Wenk & Associates . Ms. Dannemiller provided the following overview: • Present the majority of the Plan, similar to what was heard at the previous study session, with some enhancements and changes that were recommended. • Discuss the process the Plan went through and the alternatives which were studied . • Look at three core components to the Plan. • Discuss implementation items. • Describe public input that was received to date, prior to the public hearing. • Hear public comments on the Plan . Ms . Dannemiller presented proof of publication to the Recording Secretary showing the public hearing was published in the Englewood Herald on February 7, 2003 . Ms . Dannemiller noted the publication also informed the public th~t the Plan was available on the City's website as well as in the Englewood Library and Community Development Department. There was opportunity for the public to take a look at the Plan. Initially the process started with a request from the Englewood City Council to study the Plan Area, which lead to the development of a steering committee. As opposed to just City Council or Planning Commission working on the development of the Plan, Council's recommendation was to gather interested parties to develop the Plan . There was a lot of information each individual city wouldn't know, but a majority of the information could be ga rnered through a steering committee . A list of the steering committee is shown on page 8 of the Plan . There were a number of outside organizations, including South Suburban Parks District, Arapahoe County, South Metta Chamber of Commerce, Englewood Chamber of Commerce, Ci ty and County of Den ver, and others . t • • Goals and Objective s were th e n d e veloped, as well as Pl a n Alt e rn a tives . Tw o p ubli c meetings were held ; one in January 2002 and another in August 2002 . Thos e m eetings were follow e d up with a Draft Plan whi c h was presente d to the Planning Commission in December 2002. The Plan is now at the public hearing stage. The initial recomm e nd a tion was to take the Plan through the adoption phases at Englewood Planning Commission and Englewood City Council. If the Commission agrees, Ms . Dannemiller stated it might be a better process to take the Plan to the Sheridan Planning Commission before presenting it to Englewood and Sheridan City Councils. Bill Wenk of Wenk & Associates was sworn in . Mr . Wenk reiterated the Plan is the product of a steering committee, including landowners, Mr . Welker, and a number of agencies involved with the management of the South Platte River, such as the Urban Drainage District and Core of Engineers . It was a broad constituency. The City of Sheridan also had a representative on the committee. A great deal of time was spent crafting the goals and objectives, because it became very clear that a number of the landowners in the study area were very concerned about where the study might be headed. Two primary focuses were developed. First was to look at the river corridor as a regional resource, as well as a resource for Englewood and Sheridan which sets those communities apart from other communities in the area. It is a major landmark or natural feature. The first goal is to provide improved access and enco1,1rage a variety of recreational activities along the river. The trail currently runs along the river; there is one park. There are a number of recreational users along the river; however, it is very difficult to park and access the river . Equally important is the need to promote the economic vitality in the Corridor. It is important to understand that redevelopment is part of the Plan, but it is on a voluntary basis . It became very clear through the steering committee that the notion of condemnation or other public taking was not appropria~e . A goal is to have redevelopment driven by incentives from the City, such as improvements to utilities and streets. As the are.a improves and increases in value, the landowners in the area would be encouraged to redevelop because it is in their e conomic best interest to do so. Th e third goal is to p rese rv e a nd enhance the environme ntal quality and flood p ro te ction function of the river. Th e Core of Engin e ers currently ha s a strategy to remove ve getation a long th e river and re pl ace it wi th riprap. This Plan recommends an alternative a nd much softer a pproach to m a naging the flood control functions of the river by encouraging the Core to look at vegetation management rather than total clearing and encouraging ripar ian in -strea m ha bita t. It is a res ource for the community and wildlife is an important part of the Pla n. Goal fo ur is to make the river a cente rpiece for Englewood, Sh e ridan, a nd th e region . Thi s goa l ties to gethe r the oth er ele m ents in the goa ls in th a t it needs to b e a n economic engine for the c ities . The Pla n ide ntifi es parcels th at are good for redevelopm e nt w hi c h co ul d be a n ambitious e ffort on the p ;u t of th e Ci ty to a tt rac t jobs a nd ho u si n g into th e s tu dy area . Re la te d to tha t is c rea ti ng a se ri es of ope n spaces which ha ve regio na l signi fica nc e as riart 3 • • of the overall river corridor; not unlik e what Denver has done in Commons Park and other areas along the Platte to the north . Grayson Baur of Wenk & Associates was sworn in . Mr. Baur stated he would describe the study area, as well as some of the preliminary analyses taken in the study area . Mr. Wenk will then discuss some of the Plan details . Mr. Baur referred the Commission to page 10 of the Plan. The study area encompasses the South Platte River Valley within Englewood, Sheridan, and certain portions of Arapahoe County that are unincorporated. The steering committee came to a consensus to look at properties and park land on the east side of Santa Fe, only for the possibility of connecting those places to the study area . An analysis was done on certain aspects of the study area . Referring to the jurisdiction map, Mr. Baur pointed out the jurisdictions shown in orange, yellow, purple, and fuchsia . Sheridan, Englewood, and Arapahoe County have jurisdiction over these areas . Several constraints were studied; Mr. Baur stated he would limit his discussion to three major constraints: the presence of certain flood plain areas in the Platte River Corridor; the presence of landfill sites, both sanctioned and unregulated; and the presence of steep slopes. After those physical constraints were studied, water and sewer service in the area was also studied. Since it is not only an Open Space Plan but also a Plan seeking to encourage redevelopment, it was necessary to determine to what extent the sewer and water services, as well as other utilities, would impact redevelopment of open space and other amenities in the Corridor. It was found the area is generally well served by water service, but any developer wishing to build new redevelopment will incur costs to bring new mains to their property. Somewhat more of a constraint is the sewer service in the area . The capacity on one of the lines serving the area is currently at 80-90 percent. There is capacity on the Littleton Interceptor east of the river, and there is capacity on the Big Dry Creek Interceptor. If redevelopment occurs west of the river, the logical line to serve that area might be the Littleton Interceptor. In which case, lines would need to be run over or under the Platte. Similarly, the Treatment Plant is currently required to study the possibility for expansion because they are at a certain threshold level of service. Mr. Wenk stated he would go briefly through the key elements of the Plan . Starting with trails and connections, Mr. Wenk stated the single trail largely on the west side of the river is g~ling to capacity. The recommendation is a dual trail on both sides of the river to accommodate larger volumes of pedestrian, bike and other recreational traffic . Additionally, it is important to make the river more accessible. People are currently limited to Oxford and Dartmouth, which are very difficult connections. Additionally as part of redevelopm ent, local trails are also recommended which link those r edeve lopment areas to the river. The river is then something landowners or developers ca n mark et as part of th e attractiveness of the land . Mr. Sch um stated he didn't see th e Dartmouth trail across Santa Fe . Ms . Dannemiller stil ted th e map doesn 't show a onncc tion. but bullet one o n the ke states Him prove • t .. • • connection at Dartmouth and South Platt e Riv er D rive ." Mr. Wenk stat ed a series of trail heads are also being recommended . With regard to the redevelopment plan, a number of options were considered from river improvements with minor redevelopment to a very audacious plan with a river parkway . Referring to the map, Mr. Wenk pointed out the river parkway which is largely existing roadways that would be linked together in a few areas which currently don't connect. By linking together existing roadways and going to the edge of existing properties, areas are opened up that have very little access . There are currently a number of dirt streets which dead end into larger users. The idea is that over time those connections would be made and utilities, if insufficient, would be upgraded so the parcels would be more attractive for redevelopment. Those areas are shown on the map in solid purple. Those parcels have minimum potential redevelopment costs in that they are not landfill sites; there is no known source of pollution on those sites. It is a questions of access, utilities, and perception of the community as to the attractiveness for development. With regard to the river parkway, Ms. Lathram asked whether the committee was looking for private cooperation. Mr. Wenk responded private cooperation would be needed . The roads were located so that they went on the edge of the property line and it have to be a partnership between the landowner and the City. The goal is to have a win-win situation . In certain areas, specifically in the north, the rights of way are very tight. Some of the property owners lost property as part of the widening of Santa Fe Drive. There needs to be a bit more study especially in some of those areas were there has been impact from past street projects. In most of the area, there is very little access. By creating better access, the value of the land increases considerably. Ms. Lathram asked whether there had been any discussions with the landowners. Mr. Wenk responded that a number of landowners were at the public meetings and their input was gathered. A number of landowners expressed their desire to continue their operations as they exist, and he believes the Plan reflects their wish . The striped areas on the redevelopment map are landfill areas which may· have some additional costs for redevelopment. Those sites are secondary in the terms of redevelopment potential. There are a number of owners who wish to continue their operations into the future, and it might be many years before the land is available for redevelopment. At some point, the land may be valuable enough that it would be in the owner's economic best interest to redevelop the land and move else where. Again , it is a voluntary effort on the part of the landowners. Continuing on to the open space map on page 38, Mr. Wenk stated the recommendation is to add more trail heads making the river more user-friendly and accessible for people who live far enough away that they ne ed to drive to it. Two park expansions are proposed ; one wes t of the Water Treatment Plant , and another aro und Big Dry Creek which are on ex isting landfill sites . For ope n space, th e Pl an targets thos e sites which might b e mor e appropria t e for park development due to po tenti al problems related to redevelopment over a l;rnd fill. A long th e Corridor, there are a number of gree n "fingers " which extend out , s • • especially in the redevelopm e nt areas that reflect the partnership envisioned between adjacent development and the City to encourage people to focus on the river as a resource. Then the river is not just one linear corridor, but it starts to extend out into the community and make it more of a community resource. What is currently a very narrow corridor starts to expand and become more of a regional facility which has a broader range of recreational opportunities. Referring to the composite map, Mr . Wenk pointed out how the redevelopment starts to dovetail with the park and open space opportunities. He also pointed out how the river parkway starts to link redevelopment together and provide connections to the arterial streets which are essential for the river parkway to work and essential for redevelopment of any scale to occur. Ms. Dannemiller reviewed the implementation plan and how the plan is projected to come into reality. The steering committee went through an arduous process to prioritize tools which the agencies, cities, private landowners, and special districts could use to see the Plan implemented over time. Five basic tools are proposed for implementing the Plan. The first tool is to be judicious with the tools. The steering committee urged using tools that landowners will be encouraged to take on rather than oppose. Condemnation is not a popular tool, but incentives are very popular tools. The committee urged looking at those types of tools to implement the Plan sooner. Mr. Schum stated he has heard condemnation is not a tool the City wishes to use, but he hasn't heard that it is a tool that won't be used. Ms. Dannemiller stated condemnation was not high on the steering committee's list of priorities. However, she cannot honestly state Englewood and Sheridan wouldn't look at condemnation if there was one landowner holding out when all the other landowners are in favor . The cities may look at it as an option, but she can't say whether they would use that option. Continuing, Ms . Dannemiller stated another tool is acquiring easements as opposed to acquiring full properties. Partnerships are also extremely important, knowing that it is not going to happen with just the Cities of Englewood and Sheridan. There needs to be funding source partners, such as Great Outdoor Colorado, Trust for Public Lands, and other dedicated funding sources, of which the cities may avail themselves. These partnerships are the key to developing the Corridor as a whole. A prioritized action plan was also developed, which breaks the Plan into three phases -0 -5 years, 5-10 years, and 10-2 5 years -knowing that some of the activities will take more study and only happen if changes occur prior to these activities . Ms . Dannemiller noted that at the December Commission meeting, there were a couple of recomm e ndations which were added to the Plan . "Quick Wins" was added to the Plan , w hi ch th e c ommitt ee e nvi si o ned a s ways to implement without a lot of money but h o p e full y w ould still have a n impact in the short-term rath e r than th e long.term . Tho se a re located o n page 51 of th e Pla n . A coupl e of th e more innova ti ve id eas ar e looking at th e Ci ty's co 11 se r alion trus t fu nds and p a rtn e rin g with th e Pa rk s Depa rtm e nt , askin g that so m e 6 • • -·- of the funds be applied to the river area. The Harvard Gulch West Trail was also added and working with Denver to coordinate a connection . Better signalization at the Dartmouth intersection is recommended to create a safer connection and environment which wouldn't cost a lot of money. The committee also looked at shifting some of the concrete paving program to make the access to the trail along Dartmouth safer . Those changes were made from the last meeting. Ms . Dannemiller stated she received comments, via the telephone, from the Littleton City Manager, Jim Woods which she presented to the recording secretary to be made part of the record . To summarize, Mr. Woods' concerns are with the second park area shown as being potential park along Big Dry Creek. He noted Littleton had approximately an 8-acre parcel which they are looking at redeveloping or selling . Ms. Dannemiller's response was that the criteria used for new park land was met by the 8-acre parcel, which was why it was identified as new park land. It is in a landfill; it is publicly owned; it is potentially ripe for redevelopment; and it is along a flood plain. She indicated to Mr. Woods that it is a prime example of how the Plan could actually work . Ms. Dannemiller stated she also had a conversation with Jim Sidebottom, City Manager of Sheridan. She noted a number of Sheridan residents and council members are in the audience. Mr. Sidebottom related to her that there are a number of redevelopment opportunities that Sheridan is currently assessing. If there are redevelopment opportunities that Sheridan would like to see listed on the Plan Composite which are currently not listed that would potentially net the same amount of open space and redevelopment, the committee would consider it. The area Mr. Sidebottom will discuss is north of Oxford and adjacent to the golf course. She noted that the specifics of this discussion would be left to Mr. Sidebottom during the public comment section of the meeting. Lastly, when the committee first met there was a lot more park land in the Plan than what is currently in the Plan. Conversations were held with Sheridan and other landowners which indicated the balance should change. Therefore, some of the park land was scaled back specifically in the Oxford Recycling area. The Plan originally showed it as open space; but after conversations with landowners, it was scaled back to adding connections on unbuildable areas. The other area which was scaled back was in the Hampden Business Park area, located at Hampden and Santa Fe. It was originally shown as park land because it is a former land fill site, but conversations with Sheridan indicated they were potentially looking at redevelopment on that site. Rather than putting it in the Plan as all open space, the committee compromised and added a parking area, trail head, and then scaled back the green ~pace to only a buffer in that area . If there are opportunities to put into the Plan which allow redevelopment balanced with open space, the committee is open to that compromise . Mr. Schum confirmed that staff spoke with the mayor of Littleton. Ms . Dannemiller clarified that it was the City Manager . Mr. Schum stated asked if Mr . Woods had any comment on th e upgrade to the Wast ewater Treatmen t Plant. Ms. Dannemiller stated it was not discussed with Mr . Woods . She, however, has had conversations with the architec tura l firm that is wo rkin g on th e upg rade of the Treatment Plant to incorporate some of the changes, 7 primarily an addition of a tr a il on th e easte rn section of th e ri ve r. The cos t will most lik ely be borne by the City and the redevelopment itself. Mr. Schum stated he was talking about the actual upgrade o f the Plant to handle the ca pacity, that cost would reflect on the citizens of Littleton . It appears from the Plan that the City of Littleton elected not to be part of the committee. Ms . Dannemiller responded; it is an oversight that Littleton was not listed as part of the steering committee. Littleton ~id choose to participate and had a representative at a number of the meetings . Littleton will be added to the steering committee list within the Plan . Mr . Schum asked if Littleton is aware of the upgrades needed at the Wastewater Treatment Plant. Ms. Dannemiller stated she could not speak for Littleton, but they have a copy of the Plan . If they have comments they would like to add regarding the upgrades, the committee would be willing to consider those comments. Chair Waggoner stated that in looking at the Plan he didn't see a lot regarding the use of the river itself for canoes, boating, take in points, access points, etc. Mr. Wenk stated it is the intent that water-based recreation be a part of the Plan and will look at the wording to ensure it is explicitly stated in the Plan . Mr. Wenk stated they looked at the Urban Drainage Plan and it has specific recommendations. This Plan is compatible with those recommendations, and perhaps they should be referenced more specifically. ' Mr. Baur stated the South Platte River Recreation Plan, done in 1995, was reviewed . Some of the points in that Plan, which may or may not have been implemented over the years, are referenced in the South Platte River Open Space Plan . The 1995 Plan called for a trail in the same location as the new Plan is recommending which is on the east side of the river where there is currently an access road. Also the earlier Plan called for multiple boat shoots to go through the drop structures, which have come to pass. The earlier Plan called for a small linear park at Little Dry Creek, which is an improved drainage way, although there is no access along the creek. Chair Waggoner stated it needed to be improved upon and add some additional points; there is not enough in the current Plan to take full advantage of what is available. Mr . Wenk stated he agreed. · Mr. Welker asked for more information on the wildlife habitat between the two halves of the golf course. Mr . Wenk stated the Plan advocates a soft channel management approach rather than riprap . Diverse stream bank vegetation provides better habitat and will build on the habitat across the river from Bear Creek. Mr. Welker stated it is unique because it is also wetland. -Mr . Schum stated the Plan does not call for low-income housing. He stated he sees the Plan strip ing out a number of low-income housing . He h as a fear that th e redevelopment is only about money and not redeveloping the area for everyone who is in the area currently. He previously brought this issue forward , and it has neve r been addressed. Ms . Dannemiller responded; one of th e philosophies followed in red evelopm ent areas in th e Plan was to not be specific as to the redevelopment us e. The market will decide what happens in those areas, wi th the exception of the proposed open space. When potential land becomes redevelopable and if affordab le housing exists on th at land , both Councils wou ld be very cognizant of th e fac t that th ey would be displacing low-incom e res idents 8 t • • and a ttempt to fin d additional properties which would accommodate th e ir needs. It is no different than any type of redevelopment effort which would potentially incur thi s .situ a tion . It felt out of place in this Plan to get into a very specific objective and strategy for placement of displaced affordable housing when that specific level of detail wasn't given for any type of use . Mr . Schum stated there are certain incentives in place for people to redevelop and asked why incentives weren't in place to also encourage low-income housing. Ms. Dannemiller stated the incentives can be used for any type of use, whether it is redevelopment to a commercial use or to an affordable housing use. The City has recognized it as a need and if there is an opportunity to redevelop a parcel to an affordable housing use, the City would entertain the idea. Mr . Welker asked if additional wording could be added so it could be discussed as one of the modifications of the goals. Mr. Wenk stated it should be identified as a concern, and there needs to be some careful evaluation of the social impacts of redevelopment. It seems a mixed-use approach to development of the area is sensible. Mr . Wenk stated perhaps the goals should be modified, which are important as a guide to how the Plan proceeds. Ms . Dannemiller stated if it is the wish of the Commission to modify the goals, the Commission can certainly make that recommendation when it makes a decision . Mr . Adams asked how the areas marked for redevelopment on the Open Space Map would be acquired and converted. Ms. Dannemiller responded; depending on the market conditions at the time, the vision was for the Plan to be market driven. The landowner would initiate a conversation with the respective cities indicating an interest in redeveloping the property to a higher and better use. From that point, it goes to a developer who is interested in potentially purchasing the property and redeveloping it. If it is in an area identified as open space and if funding is available, the local government may approach the landowner to purchase the property, remediate some of the hazardous materials issues, and then turn it into park land. It depends on where the property lies . Again, the vision was an owner initiated process and market driven. Mr. Adams confirmed the Plan is over a 25-year period . Ms . Dannemiller stated that was correct. Chair Waggoner asked Mr . Brotzman what type of enforcement the Plan carries. Mr . Brotzman stated it is a guiding tool. Chair Waggoner asked what happens if someone wants to redevelop a parcel that is marked for open space. Mr . Brotzman stated there would be a di sc us sion of what the parcel could be and what the City would like it to be. Chair Waggoner stated there is no control of the Plan similar to a Master Street Plan . Mr . Brotzman stated that was correct. Mr. Adams asked if th e Pl a n could be amended throughout the process . Mr . Brotzman stated that was corre ct. Mr . Wenk stated the Plan generally identifies opportunities, both in te rms of redevelopment and park. The committee tried to be as logical as possible . For example, open s pa ce is on landfi ll whi ch would have additional development cos ts. There is incen ti ve to deve lop a la ndfill as open space rather than a business us e . r Welker stated the com mitt ee also looked at making obvious statements abou t land adJ01ning the ri, er . VV,th regard to redevelopment. th ey lo oked at a littl e corridor which 9 .• • • abuts both th e ri ver and th e property th at co uld me et th e overall go als of th e Pl a n but not inhibit th e developm e nt and ownership right s of the property. John F. Kent, 2400 West Oxford Avenue, was sworn in . Mr . Kent stated he is the p resident of Oxford Recycling. His family owns the 88-acre site; and he is a tenant on the property. · There are several large tenants on the site that are present, and a number of smaller tenants which are not present this evening . Prior to purchasing the property in 1979, the site was a sanitary landfill operated by the City and Cou nty of Denver. At the time, a Waste Management subsidiary was being paid to fill it. He has taken the site and developed it to its highest use. To build on the site, would be very costly because caissons are needed since settlement occurs when trash decomposes. There would need to .be some type of facility to mitigate methane gas which is a byproduct of trash decomposition. As a result, there are no permanent buildings on the site. The facilities are elevated w ith fans underneath to mitigate the methane gas . Some of the facilities also have caissons going down 65 feet through the trash into bedrock on which the heavy concrete crushing, asphalt crushing, and tire recycling operations are located . Mr . Kent continued; his company takes in asphalt, concrete, tires, and wood products. The wood products consist of tree branches, forklift pallets, wooden fences, etc. His company is an alternative to the landfill and at cost less than the landfill. Those products are then recycled into road-building materials, new asphalt, landscaping materials, and landfill liner. The tires are also shredded and burned at a cement kiln for increased BTU to supplement lower grades of coal. His operation and other tenants on the property, employ approximately 150 people on site . During the busy summer months, there are close to 1,000 trucks a day crossing their gate. It is an extremely busy site and cannot just move to another location. Special permits and zoning are required for this type of . operation. His objection to the Plan are the bicycle paths that cross into his facility. In order to operate his business, that type of interruption cannot occur. If Quincy Avenue were to go all the way through, Denver Water Board has an easement and there are 2 very large pipes which go through the property where there is no trash . One pipe was constructed in the 1960's, which is 5 foot in diameter; the other pipe is 6 foot in diameter placed in the 1970's. These facilities supply half the water to the Denver Metropolitan Area. One of the proposed bike paths crosses that section of the prop e rt y. H is company is constantly c ros sing that eas e ment. The e a sement grants him th e ri ght to c ross th e property with heavy equipm e nt , but vehicles cannot be parked on th e e a se ment. The other bike path comes in closer to the north of the prope rty where a large asphalt plant is lo cated and is in the core of his loading facility . It is no place to put a park bench, nor is it a place to hav e a b a rb e que or picnic. There is a lot of dust generate d on th e propert y and is reg ul a te d b y th e H ea lth Dep ar tme nt with a du st p e rmits . Wate r tru c ks a re a ls o on si te to mitiga te some of th e du st. A lo t o f th e ma in tho rou ghfar es aro und th e pro pert y are pav e d in ei th er recy cl ed as ph alt or co ncre te to keep th e d ust to ~ mi ni mu m. The bott om line is there is still dus t o n th e proper ty. Th ere is a lso a lot of noise o r the property because o f the c ru shi ng opera tio ns. 10 • • - 0 0 Mr . Kent stat e d to tr y to pla ce thes e typ e s of bike paths into his fa cility would actuall y disrupt his business. At that point, his property would have to be acquired in its whole in order to make the bike paths work . The facility would be extremely expensive to purchase because his facility would need to be relocated to another property which has the correct zoning. The only place that has lhe correct zoning is on the outskirts of the Denver Metropolitan Area . His company p,v •ides a service that people want out of sight and out of mind, but the problem is relocating them to the outskirts of town would greatly raise the transportation cost to the facility . This would also create more problems for the brown cloud and additional wear and tear on the streets. Because some of their permits were obtained so long ago, there is no expiration date. Currently, a Certificate of Designation from the State Health Department is granted in five year increments. His company's permits have been grandfathered, and do not expire. In addition to finding a costly piece of property with proper zoning which would allow them permits to operate, there are a lot of tenants on the site with extended lease agreements. Those leases would have to be bought out as well . Mr. Kent stated the bottom line is it would be an extremely costly deal to enter the property in any form . Mr. Kent further stated he attended both of the meetings last year where landscaping was proposed along the borders of his property. He is not opposed to that idea; in fact, he is in favor of the idea. He owns the property down to the river's edge. Several years ago, he leased the property back to the Core of Engineers for a dollar a year and allowed them to use it since it is unusable property because it is on a slope. South Suburban came in with a 10,000 tree project and lined the backs of the river on the property. He would be more in favor of participating in that type of program, but coming onto the property with bike paths is not an option. Because of the heavy truck traffic, he assisted the City of Sheridan in obtaining an 80 percent grant from the federal government to widen the bridge at Oxford. His father and his company talked to several business owners along Oxford to obtain the other 20 percent to actually make the project happen. He has also helped Sheridan pave Clay Street to the maintenance facility last year, which was a $50,000 project. His company's contribution to the bridge project was approximately $100,000. In December, his company completed a $2 .5 million expansion at the concrete crushing facility because he sees recycling being around for a while . All the products taken into his facilit y do not decompose in a landfill . Chair Waggoner asked if he would be in favor of the Plan if those two b ike trails were removed. Mr . Kent stated he would be in favor of the Plan if his property was not impa c ted . In additional to the bike trails , the Plan calls for landscaping along the Platte Ri ve r which appears to be inside his property . The proposed landscaping is in an area that is ac tu a ll y a concrete roadway wh e re trucks line up to pull into the hot asphalt plant. There fo re, th e propo s e d la nds ca ping w ould ne e d to b e scal e d b ack. t\ \s Lath ram sta ted th ose a reas we re ide nti fied as p roposed tr ai ls or proposed landscaping o nl ,f the property was redeveloped . The Ci ty does n't wa nt to lake your prop e rt y o r ru n II • • .. 0 Mr . Welker confirmed that Mr . Guerre ro's property is east of the river, south of Oxford . Mr. Guerrero stated his business is directly across from the golf course along th e river . He further stated his facility is either bermed or has a concrete curb around the property so there is no discharge into the river. Mr . Schum asked if there were monitoring wells on the property. Mr. Guerrero responded no; the property is fully concreted. The concrete ranges from 8 inches to 36 inches thick . Floyd Hunt, 2600 West Oxford Avenue, was sworn in. Mr. Hunt stated he is the manager of Renewable Fiber and is one of the Mr . Kent's tenants. He has looked at other places to open other yards. There is no property available for his type of business. People have made comments about how ugly the Oxford facility is, but he is in the landscape supply business which supplies landscaping materials to beautify the City of Denver. Mr . Schum asked if Mr. Hunt felt there were a lot of ways to beautify the industrial setting through enhancements along the perimeter so the properties didn't have the reputation he mentioned. Mr . Hunt stated he spoke with Mr . Kent regarding that issue . The operations are so large; the pile for the raw product of colored mulch is 60 feet high . If someone considered it ugly, he doesn't know how it could be covered up. Alice Corns, 2151 West Radcliff Avenue was sworn in. Ms. Corns stated she represents various parcel owners in the area, especially close to the potential Park B where the City wants to take 3 7 acres. This includes Hornet Enterprises, Radcliff Properties, Radcliff Southeast Properties, and 21 50 Radcliff Properties. All these landowners are within the City of Sheridan. The only thing they have in common with the City of Englewood is they have to use the Englewood's zip code. She stated the landowners are concerned about how they found out about the Plan and why it is not being hearing at the City of Sheridan. They feel threatened once again by Englewood. In 1984, the landowners gave up a sizable amount of land to the Army Core of Engineers for flood control and recreation . The area on the east and west side of the river was dedicated for those uses. Everyone is for the river, cleaning up the river and the trails, maintaining and possibly expanding what currently exists. The area already promotes recreation and it does not need to be promoted by redevelopment. Ms . Corns continued; she went through the entire Plan , and with regard to Park B, it specifically states it is just a few landowners. The Plan states it is only 3 sites or landowners. According to Arapahoe County's web site, it is physically 10 different parcels w ith 4 or more property owners. Some of the property owners~-have owned their property for multipl e years. An acquisition price of $2 .04 million is shown on page 52. According to Arapaho e County's assessor's office, the total assessed value for 2002 for the parcels, whi ch by stat e law is effective June 30, 2002, is $2 .7 million . She believes Englewood is consid e ring cond e mnation . Englewood has done it in the past and will do it in the future . En glewood says it won 't us e condemnation, but no one is going to trust that statement. The go lf c o ur se a nd th e ball field are prime exampl e s. When the public no ti ce was sent o nl }' to th e propert y owne rs a nd it was ca ll ed the So uth Pla tte R,"e r Pl.111 . e, er ·one think it's for th e lan d a l read · dedicated on the m e r. The Plan II t • • -- property line . Mr . Schum asked if he would be opposed to a small trail along the south end of the property . Mr . Kent stated he didn 't know how it would be facilitated since it is a steep bank. It is not impossible to make the bank level , but digging in the bank could expose trash . When he took the property, there was only a foot of dirt over the trash. Since he has owned the property, he has added 8 feet of fill because of settlement. Mr . Schum asked if methane gas comes out of the areas along the river edge. If a path were constructed, would ,a lot of mitigation need to occur to protect the public from the methane gas seeping out of those areas. Mr . Kent responded; the methane gas can rise into the air . Methane is light, lighter than air, so it readily blows away. There have been a number of studies done that after a landfill becomes 25 years old, the trash decomposition severely slows down . At that point, the methane slows done as well . There is probably not a lot of trash decomposition taking place in landfills, because there needs to be air, water, and sun. Most people throw their trash away in plastic bags which shut off any air, water, or sun . From an explosion standpoint, as long as the methane is not in an enclosed environment there doesn't appear to be any problem. Mr. Schum asked if methane recycling occurs on site. Mr . Kent stated it does not because collection tubes would need to have been constructed when the landfill was built otherwise it is too costly to go back later. Chair Waggoner stated the Commission would appreciate hearing from other members of the audience if they have something different to voice. If they just wish to voice their agreement with Mr. Kent, the Commission would appreciate their keeping their testimony to that agreement. Ben Guerrero, 2100 West Oxford, was sworn in. Mr. Guerrero stated he is the general manager for Western Metals Recycling, which is next to Oxford Recycling and has been at that location for over 30 years. His company has owned it for 10 years and employ over 50 people, with an annual payroll of approximately $3 million. His operation is also grandfathered in under existing recycling laws and exemptions . After doing some research, it has been determined there aren't any places inside the Denver Metropolitan Area where his business can relocate without it being extremely costly. Transportation is the key to his industry; the facility needs to be close to the customers; and customers have to be able to deliver their materials. His company services a large multi-state area; however, over 50 percent of the business is from the Denver Metropolitan Area . Mr. Guerrero continued; the facility is a viable, profitable operation . Most employee live in the Sheridan and Englewood area; they don't travel long distances to get to work. He is in favor of any development along the west side of the property and along the property Mr. Kent mentioned, but he doesn't see the landowners willingly giving up their properties for the Plan . In talking with other businesses, there are over 200 jobs in the area which are at stake . Mr. Gu e rr e ro stated th a t 75 percent of the projec t is within the limits of Sh e rid a n . He is trying to understand how Englewood is planning to implement the Plan when most of th e peo ple h e has ta lk e d to at th e Sheridan c it y offi ces arc not in favor of th e Plan o r th e scope o f the Plan. ,. • • D trails through the middle of th e property while trucks are going in and out. Perhaps some wording could be changed if it would make people feel better. Mr . Kent stated he would not be opposed to th e idea if he decides to sell the property . He doesn 't think th a t will happen a nytime soon. His lon g-term lease on the property is for 15 years because of the $2 .5 million expansion that was just completed. There are also tenants on the property who are not in favor of moving. Ms . Dannemiller responded; Ms . Lathram's comments are on point. A possible remedy is to identify those "green fingers " as potential "green fingers" that could develop with the redevelopment of the property. She pointed out that was the committee's intention; it was never the intention to disrupt operations at Oxford Recycling for exactly the reasons mentioned. Not many people are going to ride a bike through the middle of a crushing facility . The committee was in oversight by not making it clearer in the Plan . Fifteen years is a very workable timeframe; it is a 25 year Plan . If properties can redevelop in portions then the areas are identified. Again, a possible solution is to identify those "green fingers" as potential "green fingers when property redevelops ." Chair Waggoner stated that comment would apply to any areas in the Plan. Mr . Wenk stated all the "fingers" would only occur when the property redevelops . It is absu rd to think a bike trail could be placed through a junk yard or through any of the parcels in current use. The Plan will be changed to show all the "green finger" connections happening only when redevelopment occurs . Additionally, it was the intent of the Plan to only show landscape buffering on the steep slope. It is not the intent to disrupt the operations. Mr. Kent stated the property line was correct, and th.ere is a sloped area inside the corridor. Mr . Wenk stated the Plan takes advantage of an area that is currently not being used . Mr. Kent stated he thought that was great and was all for that idea. Mr . Welker stated the committee was trying to provide some east/west connections across Sheridan for pedestrian and bicycle traffic. Perhaps the Plan could strengthen that type of use along Oxford rather than putting it through the property as well as south of the property. Some of the parcels on the east side are smaller parcels where there is likely some demarcation a trail could be place along a property line . Mr. Kent's property is a large parcel with multiple tenants . The committee did not have some of that input when the Plan was developed. Mr . Welker asked if rail access existed to his property. Mr . Kent respo nded; currently th ere is not a bridge because it was wiped out in th e Flood of '65. He actu a ll y has a right-of-way and could rebuild the bridge if he decided which would allow rail access along the west side of Oxford. Most of his product comes in and back within a 30- minute radius of the facility; it doesn't get rail ed anyway. Transportation costs would be too great. Mr . Welker asked if there was already a right-of-way denoted . Mr . Kent responded th e right-of-w ay exists, but his company would need to pay for th e reconstruction of th e bridge. Mr . Schum stated it didn't appear th ere was much activi ty on the south end of the property. Mr. Kent stated a recreational ve hicl e s torage facilit ex ists on the so uth encl of th e property. There are s teep banks on the so uth end of the property ,,hich he ,,ouldn't be opposed to landscaping. rl1P ou th fence c urr en tl y sits a t the botto111 of the bank on the I:! ' • • -- , • has nothing to do with the property th at is dedicated to the riv er now . It is to expand and redevelop a huge amount of area outside the City of Englewood . Ms . Corns stat e d she finds it very interesting that on page 49 of th e Plan, it talks about Sherid a n and Englewood partnering and should consider revenue sharing . She questioned that Englewood wants to share revenue with Sheridan . She believes the entire Plan is about money; money for Englewood . Some of the businesses have existed for over 40 years, and are not going to go away . Some people loosely use the word "junkyard"; she begged the Commission to educate themselves about auto recyclers . Everyone has cars ; they all have to go somewhere; they all have a process to go through; and they all get recycled . There is a definite difference between a junkyard and an auto recycler. She, and the businesses she represents, more than object to the Plan . There is already adequate river land on both the east and west side. Englewood and Sheridan can improve the existing land, but Englewood cannot come in as a threat. Englewood has not hesitated to condemn; and as loosely as it was indicated earlier that Englewood won't condemn, ten years from now Englewood will condemn . Ms. Corns further stated that if Park B were removed from the Plan, she still would not support it. If Englewood wants to improve the river and access to the river, she suggested adding an additional bike path or double the size of the existing bike path . Englewood should work with what it has, but don't try to take · revenue sharin Ms. Dannemiller responded; she noted there was cooperation between Sheridan and Englewood. She stated she had a letter which was presented to the City of Englewood by the City of Sheridan, dated September 12, 2002 and signed by Randy Young. the former City Administrator, which reads : 6 ,J (::; "On behalf of the City of Sheridan, please accept this letter in support of the City of Englewood's grant application for development of the South Platte River and Santa Fe Corridor Plan . The City of Sheridan and City of Englewood have been working cooperatively over the past se veral years to understand the issues involved in a county-wide open space discussion . Your efforts to partner with other interested parties will ensure that a comprehensive and publicly supported plan will develop. We look forward 10 b eing part of this exciting planning process and know the outcome will b enefit not only Englewood, Sheridan, and Western Arapahoe County residents but also regional interests who depend on the viability of this natural resource . Since many of the project boundaries of th e South Platte Riv er wind through both Sh eridan and Englewood, cooperation on this project is imperative. Th e City of Sheridan is pleased to offer staff support towards this project, where n eede d, and will be an active partner in the steering committee . Again, plea e accept our wholehear ted support in your efforts, and we look forward to hearing of th e successful outcome of your pro1ect ." t • • CJ Ms . D ann emill er co ntinu ed; Englewood recogni zes th at ther e has be en an ad mini str ation change w ithin th e Cit y of Sherid an. Throughou t th e entire st ee ring committee process, Sh erid an p arti cipa ted through their Administr ator . Further, st aff met wi th Sh erid an's administration to inform them of Engl ewood 's w illingn ess to accept any input. She reiterated that the process is to go to the City of Englewood Planning Commission, me et with the City of Sheridan attempting to gain some level of agreement, prior to returning to the City Councils to gain a long-term agreement between the organizations . Ms . Lathram asked if the cities around Englewood have similar Plans . Ms. Dannemiller stated the Englewood/Sheridan area is an important link between the Littleton and Denver Plans . It is obvious to look at some of the areas within Littleton and within Denver and know they have made considerable efforts for upgrading those corridors, which was the impetus for generating this Plan initially. There are areas within the corridor that could potentially be upgraded and improve it as a regional amenity. Ms. Lathram asked if the Commission agreed, could a statement be added that condemnation would not be a viable option. Ms. Dannemiller responded that if that was the recommendation of the Commission, it could be placed in the document. Mr. Schum asked if the new Sheridan administration fully supports the letter Ms. Dannemiller read into the record . Ms . Dannemiller stated her intent for reading the letter was to show there was an effort to cooperate with the City of Sheridan . They made an effort to let the committee know they would like to cooperate. The letter was written under the previous administration . Even though the administration changed and there has been some turnover in their Council, it has continued to be looked at as a joint Plan . It is recognized that the · City of Sheridan has goals which may be somewhat different, which was referenced earlier with regard to the conversation she had with Jim Sidebottom, who is the new Sheridan City Administrator. It was conveyed to Mr. Sidebottom that the committee would be more than willing to look at some of the redevelopment plans they are proposing which could potentially be changed within the area and would make the Plan better. It does not make a lot of sense to ask for endorsement of a Plan which will change within the next six months due to available redevelopment opportunities to either Englewood or Sheridan . The Corridor cannot improve if it is not a cooperative effort. Mr. Sc hu m ask ed if the new admin is tration endorses the Pl an . M s. Dannemiller st ated Sheri d an's adminis tration should answe r that qu esti on . ·-Chai r Waggon er ask ed if Sherid an had a representative on th e c ommittee . M s. Da nn emill e r st ated Patrick Goff, the Assi stant City Admini strator, was on the committee un til he was no longer in th e City's employment . After his departure, Sheridan 's r ep rese ntati ves we re at th e Au gust 2 1 mee tin g. There was also an individual meeting with th eir adm ini str ation to attempt to ga th er th eir in p ut, which is w ere some of th e adjustment s in the Oxford proper ty and th e H ampde n Wes t ca m e into b ein g. If Sh erida n still has more c on ce rns which they wo uld like to incorpo rate, and if th ey haven 't b een h eard fully, then th at is th e purpose of th e p ub lic hearin g. 16 • • - Mary Carter, 3 19 5 South Clay Street was sworn in. Ms. Carter stated she is th e Mayor of Sheridan, and the City of Sh eridan has some major concerns regarding the proposed South Platte River Open Space Plan . Circumstances over the p as t year have fo c used th e time and e nergies of the City of Sheridan in other directions . Consequently, very little tim e and input has been made in this Plan up to this point. Considering t:iat the bulk of the Plan within the City of Sheridan, she feels it is imperative that Sheridan's concerns be given voice. Sheridan has been working with the Colorado Department of Local Affairs for over a year and a half in their program entitled "CANDO." As part of this program, Sheridan started looking at the preparation of a new Comprehensive Plan approximately a year ago . The City is just now at the stage of hiring a company to prepare the Comprehensive Plan; thanks in part to grants from DOLA and CDBG. The existing, outdated Sheridan Comprehensive Plan was produced in 1986. The Comprehensive Plan could be finished in six months. Ms . Carter continued; the City recently undertook consideration of creating a Urban Renewal Authority designed to identify and implement economic development within the City . The vision at this time is retail development which will bring much needed revenue to Sheridan to enhance the health, welfare, and safety of its citizens. Some of the area initially to be considered by the Urban Renewal Authority lies within the Plan . Given that the area involved in the Plan is predominately within the City of Sheridan and given the steps being taken at this time to ascertain the highest and best uses of the property within its borders, it would appear to be prudent that approval of the Plan by the City of Englewood be postponed until the City of Sheridan has had a chance to complete its Comprehensive Plan, review the same, and come back to the table fully informed as to the best uses of the property under discussion . Sheridan wholeheartedly agree~ with the concept of a publicly supported vision for the parks, open space, and trails along the South Platte River/Santa. Fe Corridor. However, the best interest of the Sheridan citizens will be served by further study of the potential uses of the property within Sheridan's borders and co-ordination of the Comprehensive Plan with the Open Space Plan. She expressed regret that Sheridan's input into the current Plan has been minimal, but additional information available through the new Comprehensive Plan would be an invaluable resource to the process and needs to be considered before final approval by all parties involved is made. On behalf of the Sheridan citizens, she respectfully requests the Commission's favorable consideration of this request for a postponement of any approval and pledges full support in the efforts to coordinate reasonable land use planning within the South Platte River Corridor. Ms . lathram asked Ms . Carter whether she was opposed to the location of the redevelopment, because the Plan does not indicate the type of redevelopment if th e parcels ever become avai labl e. Ms . Carter responded; Sheridan's Comprehensive Plan is from 1986 and is outdated. Sheridan doesn 't know what the highest and best uses for that prope rt y are, and she wo uld like to see the new Comprehensive Plan before they make any type of agreement to the Plan wh ich has been proposed through th e process thu s far . Within the las t week, she has talked to every City Counci l member and every Planning Commission member c urr ently with the City of Sheridan . None of those members have parti cipat e d in th e process . She saw a memo from Ms . Dannemiller dated in September whi ch indi c ated the Plan wou ld be presented to the Sheridan Planning Commiss ion in 17 t .. • • -· Octobe r. None of th e Pl an ning Commi ss io ne rs have seen it . The City Ma nag er re ceived a copy o f th e Plan , but no one e lse saw the Pl a n. Sh e stat ed Sh e rid a n is not b e ing full y inform e d and sh e do e sn 't und erst a nd w hy. Mr . Welker stated he was on the steering committee, and the committee did try to communicate with Sheridan's administration . The committee solicite d input not only from the city government, but also from landowners. Sheridan's input is invaluable, and a delay may need to be considered. Ultimately the Plan will not be successful until there is a "meeting of the minds ", particularly from the residents Ms. Carter represents . Ms . Carter stated she agreed wholeheartedly which is why Sheridan's City Council members are at the meeting in full force . They do not have a strong objection to the vision . They do not have the background information to make a judgment. She stated she doesn't like making judgments when she isn't fully informed. Since the City is in the process of developing a Comprehensive Plan and starting an Urban Renewal Authority, there are a lot of things which need to be taken into consideration . Sheridan's suggestion is to postpone any approval until some of those pieces of the puzzle are put into place and on the table. She stated she wasn't certain why there wasn't more input, but the current City Council intends to have as much input as Englewood can handle. Ms . Krieger asked how long Sheridan would want the Plan postponed. Ms. Carter stated they haven't hired the consultant to develop the Comprehensive Plan; they have heard a few presentations. She was told it could be completed in as little as six months . Mr . Welker stated it will probably take longer; Englewood has been reviewing its Comprehensive Plan for a long time . Mr. Schum asked if it would aid the City of Sheridan if the Plan were scaled back to only properties within Englewood and asked Sheridan how they wanted to fit in . Ms . Carter stated she understood there were grant monies put together in order to study the entire area. Ms. Dannemiller stated Great Outdoors Colorado supplied funding and Arapahoe County CDBG supplied funds as well. Ms . Carter stated it doesn't make sense to her to throw the entire Plan out with the "bath water." If Englewood prefers to approve the sections of the Plan which only relate to Englewood, that is up to Englewood. The City of Sheridan would still lik e to b e a part of the process; however, there are priorities that She ridan n eed s address before th ey ca n make a decision to approve the Plan or making modifi cations to it. Mr . Schum asked whether she felt Sheridan should be more in control o f the Pl a n than Englewood . Ms . Carter stated she does feel that way. Ti m Soul e, 2045 W es t Union Avenue was sworn in . M r. Soule stated he and hi s fam ily o w n a pproxim a tely 5 acres near Union Av e nue which is in the area designated as Park B. He a tt e nd e d th e first meeting a nd understood the timeline for th e Plan wa s 20-2 5 ye ars . The Pl a n sta tes th e fir st pr io rit y is to acq uir e th e pa rk a rea and open sp ace w ithin a 5 yea r period . M r. So ul e aske d if tha t was a corr ect ass umpti o n. Ms. Danne mill e r st ated there are pha~ed e lement s of th e Pl a n, a nd th e rang e of a ll thos e e lem e nts could ta ke place O\ er 25 years . Mr . Sou le stated he \\<Ou ld ta lk to Par k B w hic h a ff ects h im th e most . He asked if the ss umption was that he should be looking for a differen t location a nd whether Engl ewood 18 t • • will be attempting to negotiate on his property within the next fi ve years . Ms . Dannemiller stated if the funding were available, acquisition of park land might be one of the first action items. There is a detailed process for determining what lands will be looked at first based on a number of criteria. In terms of acquiring park land, it has not been decided yet whether it is Park A, Park B, Trail 8, or Trail C. Referring to page 52 of the Plan, Mr. Soule stated Park 8, which is 37 acres, is estimated at $2.04 million which is roughly $55,000 an acre. He has invested approximately $2.5 million in his 5-acre parcel. There is not enough money in the estimate to cover his property. For the Planning Commission to gain a proper perspective of the actual cost, $2 .04 million does not come close; $6 million to $8 million is more accurate. Mr . Soule continued; the Plan shows his land as landfill. He has occupied the property since 1972, and this is the first time he has heard the property is on a landfill . Eight buildings exist on the property. When the Littleton Interceptor Sewer Line was constructed through the property, the engineers hit solid rock at 6 feet. Mr. Baur stated the information regarding the landfill boundaries is based on rather rough diagrams acquired from Arapahoe County. In the Plan, it is stated those boundaries need to be verified. The estimates are another instance where very rough numbers were applied as seen through the Denver Metro Area in general for properties which have been acquired by Park Districts. Admittedly, it is a very rough figure and everyone's input is very much appreciated . Mr . Soule stated the committee needs to know those figures are very low. Mr. Wenk stated it is the intent to target those areas which are very difficult to develop and the line needs to be refined. Mr. Soule stated it is unsettling when he sees a 5-year timeline and an estimate which is unrealistic . Mr. Wenk stated his point was well taken. Mr. Soule stated in 2002 his company spent over $1 million refurbishing and cleaning up the property. Four tenants exist on the property with approximately 200 employees working on site . If he had been allowed, he would have demolished all the buildings and started from "scratch." There is an Englewood water line which runs down the middle of Union Avenue; if he could have tied onto that line, he would have been allowed to develop his area . Howev.er, his company is not allowed to tie into that line because he is not located in the City of Englewood. The Public Works Department will not allow users on the line that are not part of the City of Englewood . He asked if that problem was addressed and whether the City was planning on annexing the area . The area is prime for redevelopment, but can't happen without the water. Denver water is too far away, and the City of Englewood will not allow the water to come into the property to achieve the redevelopment discussed in the Plan . Ms . Dannemiller asked Mr . Brotzman if there currently was an Ordinance which prohibits e xt e nsio1v o f waterlines outside the city limits and could it be amended. Her understanding is it could be am e nded if the City endorsed a plan that recommended an extension . Mr . Br ot zma n sta ted th e Water a nd Se wer Board does not allow se rvi c e outside the city limit s. It has bee n a lon g s tanding poli cy, w hi c h could b e c ha ng e d but it ha sn't in a deca de . 19 • • Ms . Dannemiller stat e d one of the goals o f e ndorsement of the Plan was that th e polic y b e revisited , knowing the area would not re develop without the water extension from th e City of Englewood which is counterintuitive to the process. One of the recommendation would be to work with th e Water and Sewer Board to gain an exception to th e ir policy for th e Plan to go forward. Mr. Schum asked if Cherry Hills was serviced by Englewood water. Mr. Brotzman responded Cherry Hills has a water district which has served their community for a number of years . Mr. Schum asked if that was before the Water and Sewer Board policy. Mr. Brotzman stated that was correct. Mr. Soule stated the owners of the 37-acre parcel are not in agreement that the area should be turned into open space or parks unless they are adequately compensated. They are also not in agreement with the 5-year plan, and the estimates need to be revisited . Ms. Dannemiller confirmed that Mr. Soule was not in agreement with the 5-year plan; she asked if there was any timeframe within the 25-year period where he would enter negotiations for redevelopment. Mr. Soule stated he did not have a timeframe. Chanele Beacham, 3601 South King Street was sworn in. Ms . Beacham stated she is a member of the Sheridan City Council. She agrees with Mayor Carter; the biggest problem is the majority of the Plan is within the City of Sheridan, and yet it is being discussed at the City of Englewood. Sheridan is standing behind its residents and business owners. She feels it is Sheridan's place to decide what hapl)ens in their city, and not Englewood's. Ms. Krieger asked Mr . Brotzman whether or not Englewood had condemnation rights in the City of Sheridan . Mr . Brotzman stated there is a 3-mile rule for parks, and in fact Centennial Ball Field is actually within the City of Sheridan. The City of Englewood may condemn outside its boundaries, especially for park properties, but the Plan is not proposing that option. Mr. Schum asked if that was state law or Englewood law. Mr . Brotzman responded it was state law . Ms . Lathram asked if every city had that capability. Mr. Brotzman clarified that Home Rule municipalities have that power. Steve Orzynski, 1426 Bellaire Street was sworn in . Mr. Orzynski stated he has done work for Oxford Recycling and Kent Land Limited over the past few years. The landowners and tenants provide many valuable services, and the Plan would have severe impacts on them . There is a limited amount of industrial land within the Cities of Englewood and Sheridan . This Plan would significantly carve into those industrial uses . Everyone has heard that condemnation is an unacceptable alternativ e to acquiring the lands, but he would also like to hear that redevelopment sometimes is code for condemnation. There are other activities w hich could take place instead of condemnation which would have the same impact, such as rezoning or some other takings activity . Some of the Plan, even though it is long term in nature, cou ld have very di sruptive, even fatal, impacts o n the landowne rs and tenants . Bill Brown, 6691 Sou th Hill Way was sworn in . Mr . Brown sta ted he h as been a resident of Little ton sin ce 198 1 and has b een associa ted with th e Ken t property since 1981 . H e uses 20 • • ••• • the Platte River Corridor and it is a wonde rful region al resource . The heavy industrial uses are also a regional resource . Mr. Brown stated his company is in Unincorporated Arapahoe County surrounded by the Cities of Sheridan and Englewood. It is the only location within a 1 0-15 mile radius where these activities can occur. He doesn't believe there is any land in Englewood or in Sheridan where the activities could be replaced . The industrial areas provide a service and a product which is needed . If that area is taken away through rezoning, direct condemnation, or other means, the resources can be obtained through other sources. However, it will have negative impacts on city budgets, property owners that need the materials to maintain their properties, and city maintenance departments who maintain the roads and infrastructure. It also would have a negative impact on the air quality and traffic congestion. Currently the facility in the southwest quadrant of the city serves thousands of people, approximately 100,000 of whom are Englewood, Littleton and Sheridan residents . He asked the Commission to keep that in mind when it was considering actions that would impact the ability to provide these services. Mr. Schum asked Mr. Brown if he had been updated on the Plan as a citizen of Littleton . Mr. Brown stated the first he heard about the Plan was the day before. Mr. Don Smith, 3330 South Clay Street was sworn in . Mr. Smith stated he is the Mayor Pro Tern for the City of Sheridan . Two-thirds of the Plan is located in the City of Sheridan, and it should be a Sheridan decision. Last year, the City of Sheridan became home rule, so condemnation is completely out. Therefore, this Plan will need to be accomplished cooperatively. He agrees with Mayor Carter, there are a number of issues Sheridan is currently working on. He suggested putting the Plan on the "back burner" until Sheridan completes their plans. Chair Waggoner asked Mr. Smith that even though he is a member of Sheridan City Council, he had not heard of the Plan until now. Mr. Smith stated he just learned about the Plan last week through Councilwoman Beacham. Apparently some of the former employees didn't keep Council informed . He stated he would like to see a joint meeting of the two Planning Commissions and two City Councils to discuss the Plan . He would like to see a greenbelt through the area, but it has to be for the advantage of everyone. Dallas Hall was sworn in . Mr. Hall stated he is a member of the Sheridan City Council. He is also the Planning Commission chair and serves on the Board of Directors for the South Suburban Parks Foundation, which has also been involved in the Plan . As a part of the Foundation, he encourages any type of parks and trails ; however, taking businesses is not a good idea . Mr. Hall stated he would like it if Oxford Recycling were not at their current location, but he recognizes the company is not going away. He appreciates the c ooperation Mr. Kent provides to the City of Sheridan . It would be nice to put a path through Mr. Kent's prope rty, but if it doesn't work th en it doesn't work. Mr. Hall co ntinued; the car t has go tt en ahead of th e horse . Notices were sen t out to businesses which informed th em of th e Plan and it has gotten a few peop le angry; whereas if th e 111eeting could have occurred b etw ee n the two ci ti es first it co uld have possibly pre ve nted the ..inge r and opposi ti o n . He ad mitt ed that Sheridan ht1s not been informed of the proce ss . I le\\ ,i s ;iware of 111ectings on th e Plan , b ut di dn't un ders tand th e ,~agni tud e. :!I ' • • 0 Chair Waggoner a~ked Mr. Hall if he had heard about the Plan through South Suburban . Mr . Hall responded that he had heard about th e Plan and knew there were m ee ting s; however, he didn't kno w the magnitude. Mr. Schum asked how long it will take to complete the Sheridan Comprehens iv e Plan . Mr. Hall responded it could possibly take two years. Mr . Welker stated it takes a lot of time. Chair Waggoner stated Sheridan 's Comprehensive Plan is newer than Englewood's . Ms . Krieger stated Englewood hasn 't updated their Comprehensive Plan since 1979. Mr . Welker stated Englewood is further along in bringing it together. Mr. Hall stated the e ntire project will take a long lime . The redevelopment along the South Platte River Corridor will not happen any time soon. It will be great for his grandchildren . Currently, he believes the Plan is going too fast. Chair Waggoner stated he doesn't believe it's redevelopment, but rather a vision . Even the Urban Drainage and Flood Control District's plan in 1985 was a vision . Some of that Plan has still not taken place. He thinks people are wrong when they talk about the Plan being redevelopment. Mr. Hall stated it is more appropriate to term it as a vision . Mr . Schum asked Mr . Hall if he has heard it spoken as redevelopment throughout the evening. Mr. Hall stated it has been referred to as redevelopment, and perhaps if it were emphasized as a vision, people wouldn't be so upset. Mr. Welker stated the Plan did not originally start out with the intention of redevelopment being as large. As the committee received input, they realized redevelopment would be part of the Plan. As they looked at access along and through the river, as well as improving stre~t access and utilities to make the river viable, the committee had to add more redevelopment area than they originally intended. The initial Plan focused more on the river. In his mind, keeping the river open and viable needs to be addressed now. It is not all about beautification; it is about access, use, and protecting the river before it goes down further . When the committee was developing the Plan, they were looking at themselves using the river and future inhabitants of both cities using the river. Personally, he is not in favor of removing the industrial area; it is important for the balance of the two communities. Mr. Welker stated he doesn't believe the highest and best use is turning the area into high-rise apartments and creating retail spaces. They carry other issues with them a nd need to be planned . As Sheridan develops its Comprehensive Plan, it needs to see what any type of use will do to traffic patterns and the way people live . It is not a simple procedure. The commi tt ee attempted to gain input; they thought they were receiving input; obviously they didn't. Mr. Welker stated he would not support the idea of taking people's property. Englewood needs to work with Sheridan's new government. The idea is the overall Plan is a vision, but there are parts to it which should be considered. Mr. Welker stated there has be e n a lot of transition at Sheridan, and appreciates the dialogue and wished the committee cou ld have received it a year ago . Mr. Welker stated th e area has been neglected. Ben Guerrero rea ddressed th e Commission . Mr . Guerrero stated everyone seems lo be wi lling to work on the la nd along the river . Eng lewood will be in for a fight to implement beyond that scope. one of th e landown e rs wan t to see the businesses go away. 11 ' • • Clifford Mueller was sworn in . Mr. Mueller stated he is councilman for Ward 1 of th e City of Sheridan . At the time the Plan started, he was the Chair of Planning Commission until Mr. Hall was elected. The Planning Commission never heard of the Plan . Englewood 's Planning Commission Chair should have contacted him as Chair of Sheridan 's Planning Commission to discuss the Plan before a steering committee was formed and a Plan developed, rather than saying "to hell with you." Mr. Mueller stated he doesn't understand why Sheridan is the only place for something to happen. Englewood took property for the ball field and golf course. Sheridan seems to be giving to Englewood all the time. Mr . Hall stated he received something back. He went to the auction and purchased the show wagon for $510, which is the only positive for the City of Sheridan . Mr. Schum moved; Ms. Krieger seconded: The Public Hearing on Case #CP 2003-01 be closed. AYES : NAYS : Adams, Krieger, Lathram, Mueller, Roth, Schum, Waggoner, Welker None ABSTAIN: None ABSENT : Diekmeier Mr. Schum moved; The Commission deny the South Platte River Open Space Plan. Motion died for lack of a second. Mr. Welker moved; Ms. Mueller seconded: To table any action on Case #CP 2003-01. Mr. Welker stated there needs to be more communication before the Plan is approved. Mr. Adams asked for clarification on the motion. Mr. Welker stated any action would be tabled, meaning it wouldn't be discussed again, until the Plan is brought back with some of the issues resolved . Chair Waggoner asked Mr. Brotzman how the matter would be brought back to the Commission . Mr. Brotzman stated it would take three-quarters of the Commission to bring the issue back. Chair Wag.goner stated the case could be postponed to a date certain . Mr. Brotzman stated that was correct, and the case would then simply come back on that date . Ms . Lathram asked if it would be postponed to c: public hearing or a discussion . Chair Waggoner stated it could be postponed to a date certain and the case would then come before the Commission on that date for their discussion . Mr. Brotzman stated the public hearing was closed; but it could be reopened if the Commission chose to do so . Mr . Welker stated his intention in tabling the case was the Plan needs additional work at the administrative level. Mr . Welker stated he doesn 't want Sheridan to feel Englewood is trying to "ramrod" the Plan, because that is not the intent. Mr . Welker moved; Ms . Mueller seconded : To amend the motion to postpone a decision in Cas e #CP 2003 -01 to a date certain, May 20, 2003 . 13 t • • Mr . Schum asked whether people would feel the Commission would bring the matt e r up before that time when no one is watching. Mr . Brotzman stated it is postponed to a specific date, and the case won't be heard before that time . Ms . Lathram stated she is frustrated; she thought there was cooperation from the beginning, but it appears something fell through the cracks . She doesn't feel Englewood would have spent as much time looking at the Plan if they knew there wasn't cooperation from Sheridan . She stated she would like to see the notification process changed in the future . She doesn't want to see the Plan die; there is some good that can be accomplished for the Platte River and the Corridor. Mr . Schum stated he feels doing anything with the South Platte is a great idea, but when he reads through the Plan, listens to the Sheridan residents and business owners, and doesn't see anyone from the City of Englewood, it upsets him. He feels the Plan is more Englewood bullying another city into doing its bidding. He feels it is a bad Plan; it has great issues, but it is ridiculous what Englewood has asked of another city to go along with . Mr . Welker stated that is not what happened . The steering committee never tried to bully anyone. He was involved in the process and believed there was full cooperation. The committee couldn't force people from Sheridan to attend the meetings. Sheridan had problems with their administration which are being resolved. He doesn't want to see the Plan thrown away. Mr. Schum thanked Mr. Welker for the time he spend on the committee, and there are great ideas in the Plan . However, he is hurt by the general premise. Mr. Adams asked if there would be any continued work on the Plan before the meeting in May. Mr. Brotzman stated with Sheridan just starting their planning process, the Commission will probably hear a report on how the two cities are coordinating and how the planning process is progressing. AYES : NAYS: Adams, Krieger, Lathram, Mueller, Roth, Waggoner, Welker Schum ABSTAIN: None ABSENT : Diekmeier The motion carried. IV. FAMILY CHILD CARE HOME Case #CU 2003-01 4620 South Lipan Street Chair Waggoner stated th e issue before the Commission is a Public Hearing for a Conditional Use to allow a Family Child Care Home at 4620 South Lipan Street, which is located in a R 1 A zone district. He a ked for a motion to open the Public Hearing Roth move d : Muell e r seconde d : The Public Hearin g on Case #CU 200 3-01 be opened. AYES : NAYS : ABSTAIN : ABSENT : Adams, Krieger, Lathram, Mueller, Roth, Schum, Waggoner, Welker None None Diekmeier The motion carried. Chair Waggoner asked staff to present the case. Anthony Fruchtl, Planner was sworn in . Mr . Fruchtl stated the case is a conditional use for a family child care home within the R 1 A zone district. Mr. Fruchtl presented proof of publication to the Recording Secretary showing the public hearing was published in the Englewood Herald on February 7, 2003 . Mr . Fruchtl stated per direction from City Council in 1998, a policy was established to address Conditional Use criteria specific to Family Child Care Homes within the RlA district. This criteria was developed due to a lack of direction outlined in the Comprehensive Zoning Ordinance and is a policy that has been in effect since that time. Additionally, the applicant is requesting the Commission to consider the application for a Conditional Use to allow a Family Child Care Home, or daycare, to be located in the R 1 A Single Family Residence District. The property is located at 4620 South Lipan Street. Mr . Fruchtl continued; a Family Child Care Home is defined as : • A child care facility which provides less than 24-hour care for 2 or more children on a regular basis in a place of residence. • Children in care are from different family households and are not related to the caregiver. • Care may be provided for 6 children from birth to 16 years of age with no more than 2 children under the age of 2. • Care may also be provided for no more than 2 additional children of school age attending full -day school. • Residents of the home unde r 12 years of age who are on the premise s a nd all children on the premises for supervision are counted against the approved capa city of the child care facility . Sin ce cr iteri a for th is ty p e of conditional us e was not included in the Zoning Ordinan ce, th e Ci ty d ev elope d th e foll owing 7 criteria : • The app lica nt is licensed by th e Sta te of Colora do. No Cod e Enforce m e nt vio la tions wi thin th e pas t year have occurr ed 011 the propert y. • Th e applican t adheres to the defini ti on of Fami ly Child Care Home. • • --· • Traffic created by parents will not interfere with regular str eet tra ffic for prolonge d periods of time . • Noise levels will not interfere with the tranquility of the neighborhood. • The applicant provide written notification to surrounding hou se holds by petition. • The applicant adheres to the requirements listed above. These criteria are administered by the Code Enforcement Division . Through research, staff has determined the above criteria has been met by the applicant; and therefore, staff recommends the Commission approve the Conditional Use application to locate a Family Child Care Home at 4620 South Lipan, within the RlA Single Family Residence District with the following condition : • The applicant provide the City of Englewood a copy of the State of Colorado license approving the applicant to operate a Family Child Care Home within the State of Colorado. Chair Waggoner a sked when the process was started for family daycare in the R 1 A district. Mr . Fruchtl stated the provisions were put into place in 1998. Chair Waggoner asked if the daycare facility was currently in operation. Lori Burge, 4620 South Lipan Street, was sworn in . Ms . Burge stated her license is pending approval of the Conditional Use. She has been issued a temporary license. Chair Waggoner asked the applicant to present her case. Ms . Burge stated Mr. Fruchtl presented her case very well. Ms. Burge ~tated she has been approved by the State for her license, but is waiting for approval from the Commission on the Conditional Use Application. Chair Waggoner stated the use is not allowed in the RlA zone district. Mr. Fruchtl responded that it is not a use by right, but is allowed with a Conditional Use Permit. Mr . Welker confirmed a daycare did not currently exist at 4620 South Lipan . Ms . Burge stated that was correct. Mr . Welker asked why the neighbor to the north didn't want to talk about the situation. Ms . Burge responded that neighbor indicated she .didn't want anything to do with the petition . Chair Waggoner stated it appeared the neighbor at 4601 South Kalamath Street was not contacted; however, the neighbor at 4665 South Lipan Street w as contacted. Chair Waggoner stated 4601 South Kalamath Street appears to be within the radius of the property. Mr . Fruchtl responded that in reviewing the application, staff determined the circular radius was achieved . The applicant went above and beyond the criteria by receiving a signature from 4665 South Kalamath Street. The circular radius encompasses 4611, 4645, 4655 South Kalama th Street and 4610, 4611, and 4630 South Lipan Street. Chair Waggoner clarified that the applicant did not need a signature from 4665 South Lipan Stree:. Mr . Fruchtl stated that was cor rect. Ms. Lath ram asked if th e neighbor at 4610 South Lipan Street was given noti ce of th e d a te for th e public hearing. Ms . Burge stated the neig hbor was not notifi e d ; s h e was not aware of the public hearing d a te when she approached th a t n eig hb o r with th e petition . She made 26 t • • the neighbor aware that there would eventually be a public hearing, but didn't know the actual date. Ms. Lathram confirmed with staff that proper notice was given . Mr. Fruchtl stated proper notice was achieved by the Notice of Public Hearing published in the Englewood Herald. Welker moved: Mueller seconded : The Public Hearing on Case #CU 2003-01 be dosed. AYES: NAYS: ABSTAIN: ABSENT: Adams, Krieger, Lathram, Mueller, Roth, Schum, Waggoner, Welker None None Diekmeier The motion carried. Chair Waggoner asked the pleasure of the Commission. Schum moved: Krieger seconded: To approve the Conditional Use Application in Case #CU 2003-01 to locate a Family Child Care Home (daycare) at 4620 South Lipan Street, within the R 1 A Single Family Residence District with the following condition : AYES: NAYS: ABSTAIN: ABSENT: 1 . The applicant provides the City of Englewood a copy of the permanent State of Colorado license approving the applicant to operate a Family Child Care Home (day care) within the State of Colorado. Adams, Krieger, Lathram, Mueller, Roth, Schum, Welker Waggoner None Diekmeier The motion carried . V. PUBLIC FORUM No one was present to address the Commission . VI. DIRECTOR'S CHOICE Ms . Dannerniller stated the next meeting of the Commission is scheduled for Tuesday, March 4. It will be a stud session to further discuss the Unified Development Code. 'J.7 • t .. • • VII. ATIORNEY'S CHOICE Mr . Brotzman stated he had nothing to bring before the Commission. VIII. COMMISSIONER'S CHOICE Chair Waggoner asked if members of the Commission had anything they wished to bring forward for discussion . Mr. Schum stated tonight's public hearing made Englewood look like a "bad neighbor." The City needs to try to bring in its neighbors rather than pushing them away . Chair Waggoner stated he believed that was done. Ms. Krieger stated the committee attempted to gather input from the City of Sheridan. She firmly believes the majority of the problems were created by Sheridan's own internal turmoil and not be any lack of effort by the steering committee. It is unfortunate it happened, but it is not the City of Englewood shoving things down Sheridan's throat or not caring about their input. Ms. Krieger further stated she agrees with Mr. Welker; just because Sheridan cannot support the Plan right now, we shouldn't throw away the entire Plan and start over. Sheridan can work with the committee to develop workable ideas and modify the existing Plan. Mr. Welker stated this was the most cooperative effort he has ever seen. The attempts to gather input and communicate were there. Mr. Welker stated he was at the meetings when Sheridan representatives were in attendance, and they were sitting in their comer talking about it. The committee did not receive as much negative feedback as was heard during the public hearing . Sheridan City Council never attended the meetings. We are not responsible to call their Planning Commission . Staff notified their government. People from other government agencies attended -Denver, Littleton, Arapahoe County. There was more than one representative from those agencies. He stated he doesn't feel Englewood did a bad job. He doesn't take responsibility for Sheridan not knowing about the Plan, and staff shouldn't feel responsible either. There is work to do, but he doesn't want to throw it away and' then talk about it in another 20 years . Ms . Dannemiller responded; she appreciates that sentiment. There was an extreme change in Sheridan 's administration . A number of residents who spoke in opposition to the Plan were at the original open houses. Their City Council knew about the Plan. She did a presentation to the Sheridan City Council specifically when the process began. She did a presentation to Tri-Cities a year ago, which she will be doing again. She believes the opposition has to do with the change in their administration and elected officials . A three- month delay is actually what she had envisioned happening when she recommended going to the Sheridan Planning Commission and then moving forward . There for e, the delay is not a bad recommendation. The Pl an will no t b e good without Sheridan's bu -in . Mr 'chu m sta ted 1115 problem ,s the mc11ority of th Plan i in hend,in not Fng l \'\Ood \ . Danncmillcr r pondC'd th e pl,mrnng , ;is clone in a 101111 C'ffort b' .iu c ..!I , both 111 ' _, ' • • Sh erid an and Englewood . It is approximately 60% Sh erid an, 40 % En glewood . Th e Plan could not be taken on as an "Englewood Plan" simply be cause of the overlapping boundaries, which was Sheridan 's position as well . One city is probably going to have more area in -a Plan, which we have no control over . The method of controlling it is by obtaining their input on the recommended Plan . Chair Waggoner stated even though the golf course is in Sheridan, the control of the river is Englewood's .. Englewood has more boundaries along the -river edge than Sheridan . Ms. Dannemiller stated it is opposite in terms of control of the jurisdictional boundaries . The control boundaries are approximately 60% Englewood, 40% Sheridan because of the golf course . There is also the Kent property which is in unincorporated Arapahoe County. Mr. Welker reiterated that a lot of progress was made on the Plan, even though there are some "holes." The redevelopment is a touchier issue than the committee felt, even though it was addressed. He doesn't believe the changes and input will change the good things about the Plan . Mr. Adams stated he would like to see what has been done on the Plan continued and refined until an agreeable product is achieved . Mr. Roth stated Sheridan's mayor expressed the idea of "not throwing the baby out with the bathwater.". There is a good basis to work from. Mr. Roth congratulated Chair Waggoner on his nomination as Citizen of the Century. Chair Waggoner asked if anyone was interested in attending the Southeast Business Partnership Awards Luncheon on March 21 . None of the Commissioners expressed an interest in attending. Chair Waggoner asked staff the status of the Safeway convenience store and gas station . Mr. Fruchtl responded that the project is in the review process . The applicant just recently brought in final revisions which staff required . Chair Waggoner asked if there was a time limit on starting the project. Mr. Fruchtl stated Tricia Langon was the planner working on that projec t and would follow up with her . There was no furthe r disc u ssi on . The m ee t in g was declare d adjourn ed at 10 :25 p .m . Nancy Fe nto n, Re cordin g Se cretary Pro Tern 29 .. • t .. ·. • • r 1. 2. 3. 4. 5. 6 . 7. 8 . A copy of the Planning Commission packet is available for view by the public in the Englewood Public library. Call to Order. Approval of Minutes: April 8, 2003 April 21, 2003 Public Hearings: . ..... -·· Case #CP 2003-01 South Platte River Open Space Plan Lauri Dannemiller, 303-762-2352 Public Forum -.......... Director's Choice Attorney's Choice Commissioner's Choice Adjourn PINH note: If you hive I chlbillty ind need IUldliAry lids or services,, pleaie ncMlfy die City 111 &iaJewocid at 303-762-2370 ~ INst 48 houn In 1dv111Ce of when the MtYlces ire needed. 1hlnk · CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION May 20, 2003 I. CALL TO ORDER The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 p.m. in the Englewood City Council Chambers, Chair Waggoner presiding. Present: Absent: Adams, Diekmeier, Mueller, Roth, Schum, Welker, Waggoner Krieger, Lathram Staff: Lauri Dannemiller, Senior Manager Assistant City Attorney Nancy Reid II. APPROVAL OF MINUTES April 8, 2003 April 21, 2003 Chair Waggoner stated the Minutes of April 8, 2003 were to be considered for approval. Roth moved; Adams seconded: The Minutes of April 8, 2003 be approved. AYES: NAYS: ABSTAIN: ABSENT: Adams, Mueller, Roth, Schum, Waggoner, Welker None Diekmeier Krieger, Lathram The motion carried. Chair Waggoner stated the Minutes of April 21, 2003 were to be considered for approval. Roth moved; Adams seconded : The Minutes of April 21, 2003 be approved . AYES : NAYS : ABSTAIN: ABSENT : Adams, Roth, Waggoner None Diekmeier, Mueller, Schum, Welker Krieger, Lathram The motion carried. ... t .. • • • - Ill. SOUTH PLATTE RIVER OPEN SPACE PLAN .Case #CP 2003-01 Chair Waggoner stated the public hearing in Case #CP 2003-01 was closed during th e meeting of February 25 , 2003 . At that time, the Commis sion asked staff to m eet with Sheridan residents and Council members to determine the City of Sheridan 's position and any modifications they wanted to the Plan . Chair Waggoner asked staff to give the Commission an update on what transpired sin ce the last meeting. Mr. Welker asked if the public hearing needed to be opened . Chair Waggoner reiterated that the public hearing was closed on February 25 . Ms . Reid stated she reviewed the Minutes of February 25 , and the public hearing was closed . The Commission has asked for an update from Sheridan and staff co nc erning the status of the proposed Plan . Mr. Welker stated he thought the Commission had taken action to continue the public hearing to a date certain . Ms. Reid stated that was incorrect; the Commission continued the case but did not continue the hearing. If the Commission wishes to receive additional testimony, the public hearing would need to be reopened . Lauri Dannemiller stated that at the February 25 public hearing she received direction from the Commission to contact and work with the City of Sheridan for the purpose of gathering more input and determining a course of action both cities could agree upon. She was scheduled to attend a meeting May 6 with the City of Sheridan to discuss the information; however, that meeting was cancelled by the City of Sheridan. Ms. Dannemiller stated that as of tonight, she does not have information to present to the Commission as to any changes that have been agreed upon by both cities . It is her understanding that Mayor Carter would like to speak to provide an update as to their position . She stated it is not her position to speak for the City of Sheridan. Ms. Dannemiller noted that it is an option for the Commission to make a recommendation to adopt the Plan as is and send it on to the Englewood City Council. That is one decision the Commission can make following input from the City of Sheridan . Mr. Waggoner stated he had a letter from Mary Carter, Mayor of Sheridan . He asked if everyone rei;:eived a copy. Mr. Welker asked if the letter could be considered since it is new information Ms. Reid stated she didn't know if everyone had a copy of the letter because it was received late. The letter is for purposes of announcing that Mayor Carter would like to make a statement regarding the City of Sher idan 's position which is not additional information . The Commission 's decision must be based on the public hearing held in February. Mr. Welker stated that if Ms . Carter is allowed to talk, the public hearing would need to be reopened because it becomes new information. Ms. Reid stated that was incorrect; if Ms. Carter is just making a statement regarding the position of Sheridan on the Plan before the Commission. Her statement would be limited . If someone wishes to take more information, then the public hearing would need to be reopened . Mr. Welker as ked whether or not it was new information if Ms. Carter's comments are substantive. Ms . Reid stated she can 't make that determination until it appears there is testimony that is new . Comm issi oners pres ent at the Febru ary 25 can make that determination and deci de on 2 ' • t • • • whether or not to open the hearing. Ms . Reid reiterated that if Ms . Carter limits he r comments to the position of Sheridan, there won't be a problem. Chair Waggoner stated it is evident from the letter that the City of Sheridan has not made any commitments as to what they wish to change or do with the Plan . The Plan it self is conceptual in nature and is not binding upon anyone. Chair Waggoner stated he believed the Commission could make recommendations on the Plan. Ms . Reid stated the Commission can make recommendations on the Pian as far as Englewood is concerned. She stated she understands the Plan is over several jurisdictions. The Commission can make the recommendation, but it only valid for the parts of the Plan that are within Englewood . It is a cooperative Plan, but any city can "opt out." The Commission does not have any authority to bind anyone except the City of Englewood. Ms. Dannemiller stated as part of the comprehensive planning process, Englewood can plan outside its boundaries; however, implementation would need to be coordinated with the City of Sheridan. Mr. Welker clarified that Commission action on the Plan would be a recommendation to adopt the Plan. Ms . Dannemiller stated that was correct. Chair Waggoner reiterated that the Plan is conceptual and has no binding effect on any jurisdiction. Chair Waggoner stated he would accept a motion that the Commission forward to City Council Case #CP 2003-01 with a recommendation of approval. Welker moved; Adams seconded: TO FORWARD TO CITY COUNCIL CASE #CP 2003-01 WITH A RECOMMENDATION OF APPROVAL. Chair Waggoner as if there was any discussion. Mr. Schum stated he disagreed; he thought the whole idea of the Plan was to be a multi-Plan between many cities. Basically, the Commission is in the same spot as it was on February 25. There is still a lot of disagreement. None of the issues from the February 25 meeting have been resolved. Chair Waggoner stated it is his opinion Sheridan had three months to provide input. It seems as if Sheridan is not that interested and the Commission could wait forever, which is not the purpose of the Plan . The purpose was to obtain a conceptual Plan for the Platte River Open SP,ace area and to let that Plan go forward . Ms. Mueller stated she wondered if the Commission should be recommending a Plan to City Council that has not been agreed upon by all the municipalities involved. Englewood doesn't own most of the land along the corridor. She asked why the Commission would forward it on to City Council if the Plan has not been a cooperative effort. She stated she understands a lot of research and money has been put into the Plan, but it seems that it needs to be a common vision before it can go anywhere. 3 ' • • Chair Waggoner stated Sheridan, Littleton, and several other entities had representation on the steering committee. Mr. Welker stated that was correct; in the sense that the steering committee approved it and forwarded it to the Commission, those representatives stand behind it. Mr . Schum asked if the steering committee Minutes were sent to the mayors of all the municipalities each time a meeting was held . Ms. Dannemiller responded; the process was to make sure there was an understanding of what was accomplished at each prior meeting by attendance at the meetings and by updates from the previous meeting to those persons on the steering committee. Inasmuch as an entity had a representative on the steering committee, they were updated after every meeting as to what was accomplished at the prior meeting. Mr. Schum clarified that it was the representative's responsibility to go back and keep each one of the entities updated; it was not something done with a paper trail. Ms . Dannemiller stated that is the concept of a steering committee; it is the responsibility of the steering committee representative to inform their jurisdictions and interested parties as to what was being accomplished at each meeting. Mr . Schum wondered if the steering committee was flawed in the manner it was set up . It doesn't appear that the Plan got out to all the right people, and he doesn't understand where the breakdown occurred. Mr . Welker stated that information sent to the committee were notices of meetings and continual updates of documents. In addition there were public meetings which were published and notices sent to property owners. Some people came to those meetings from Sheridan. It is not that no one in Sheridan knew about the meetings; he believes Sheridan was going through changes in their government at the time. They had other matters to deal with and the Plan fell through their "cracks." Mr. Welker stated he doesn't believe Sheridan was uninformed; it was a matter of too many things going on beyond the committee's control. It was not the committee's responsibility that the current administration didn't know about the Plan. Prior to the February 25 hearing, the committee didn't know Sheridan opposed the Plan because Sheridan didn't convey their opposition to the committee. Mr. Welker stated he believes the Plan can go forward or it can be stopped. The Commission can make a recommendation to City Council; it cannot take any action. City Council will decide whether or not to adopt the Plan. He stated a "no" recommendation will kill the Plan for a period of time; and there is too much good in it. Mr . Adams asked who funded the Plan . Mr . Welker responded that it was initiated by Englewood. Mr . Adams confirmed Englewood has the contract with Wenk & Associates. Ms. Dannemiller stated that was correct. Mr. Schum asked if there was any responsibility under the Plan since the City received grant monies . Ms . Dannemiller stated when the application was submitted to GOCO, which funded $1 7,000 of a $50,000 plan, the understanding was there was support from the City of Sheridan for the planning process, which was indicated by a letter of support. Englewood was always the primary funder of the plan because it had the ability to provide the additional $35,000. Sheridan agreed their contribution would be in-kind support which they did by providing a representative to the 4 ' • • • steering committee and any information needed . Sheridan met th ei r contribution from that perspective. Mr . Adams asked if Englewood is bound by a contract to move the Plan forward . Ms . Reid responded; any contract the City enters into with a consultant does not guarantee any action. It is a legislative decision which starts with the Commission. · The issue before the Commission is whether or not to approve the South Platte River Open Space Plan . The Commission is not bound by anything except the testimony it received on February 25 and any discussion held. Ms. Reid stated the contract was only to provide consulting fees to obtain a proposed Plan, which has been accomplished . Chair Waggoner asked if any additional changes to the Plan would be at an additional cost to the City. Ms. Reid stated that was correct. Chair Waggoner asked if GOCO would need to be refunded the grant money if the Plan is not accepted. Ms . Dannemiller stated the Plan has been submitted in its proposed form and she has informed GOCO that it is still in the adoption phase . The City does not have a further commitment to GOCO to refund the money if the Plan is not adopted. The grant is basically closed out at this point. If the Plan is amended, there needs to be an additional funding source. She does not have authority to commit additional funds to significantly amend the Plan . Ms . Reid stated with a conceptual Plan, the Commission's recommendation is to City Council to either accept or reject. If the Plan is accepted, any implementation is done with a recommendation from the Commission and a Council decision. The implementation phase is very different from the conceptual phase. Discussion ensued. Mr . Schum stated the Plan runs through a corridor that is the heart and soul of both cities, Sheridan especially. There is a lot of businesses paying Sheridan's tax dollars helping their city when it has been struggling. A lot of these businesses are in the m•iddle of this Plan in a lot of different ways. That is one part of the Plan that scares him; there are areas where it seems people are being pushed out. Other areas of the Plan do a great job. Mr . Schum stated there is a lot of great things in the Plan, but it is not mutually agreed upon. The Plan covers 60 percent of Sheridan and 40 percent of Englewood. The area needs to be planned, but the Plan needs to be restarted in a different way. Mr . Welker stated the Plan is a vision and is less concrete. The reality is everything is subject to change based on when it is implemented. Implementation is not what the Commission is currently consideri ng . There is no part of the Plan that forces anyone out. Mr . Schum stated it is not wrong to plan the area, but it should be done responsibility. If Eng)ewood is not careful about the Plan, a lot of damage can be done. There are a number o low-mcome ~ in the area that no one has given any thought. These are the people ho , o,kiflt in Englewood . This Plan has not taken them into consideration . ~ Mr . Welker stated it was not the committee's intent to take people's He ~ the Commission can proceed on a decision . Chair Waggoner asked the t sleeting committee meeting was held on the Plan . Ms . Dannemiller el ted in November, 2001 . The primary planning effort took 5 " ' • • place the majority of 2002. Chair Waggoner confirmed it had been 3 months since the public hearing. Ms . Dannemiller stated that was correct. Ms. Mueller stated she is torn. The City of Englewood contributed the majority of the money to develop the Plan . While she sympathizes with the City of Sheridan regarding their leadership change, 12 weeks is a reasonable amount of time for Sheridan to come forth with a response. She stated she doesn't like the idea of approving a Plan that doesn't have everyone's input; but she doesn't want to see everything go to waste by putting it on hold or not recommending approval . Mr. Schum stated if the Plan is truly something that everyone wants to eventually go forward, Sheridan should take the Plan, learn from it and provide a limited study back. Chair Waggoner stated they could also take the Plan and apply it to their advantage. Mr. Diekmeier asked if the Sheridan representatives on the steering committee were citizens or staff. Mr. Welker stated he recalls they were staff members at the time. Ms. Dannemiller stated there was a combination . A representative from Sheridan's schools, Tina Podalak, and Patrick Goff, Sheridan's Interim City Administrator, were asked to participate. Also Aileen Marple, a Sheridan councilperson, was asked to participate, however, she choose not to participate in the planning process because the meetings were at a time she could not attend. Staff asked Sheridan to send another councilperson in her spot, but they did not. Sheridan's representation was Patrick Goff and the school representative. Mr. Welker stated those two people were at meetings and talked with some reservation of taking of land and the impact on both their citizenry and the city . Mr. Roth stated he is also torn . He stated he doesn't have a lot of problems with the Plan north of Oxford; however, when the Plan moves south, outside Englewood's jurisdiction, he has concerns. For the past 10 years, he has served on the Keep Englewood Beautiful Commission where recycling and environmental issues are perennial topics. Mr. Roth stated there was a recent news item where Denver is about to curtail their residential recycling program because it is too costly. There are a number of businesses in the area that the Plan interferes with that have been in the recycling business for decades. During the February 25 testimony, it was stated that relocating those businesses would be difficult, if not impossible. Moving those businesses outside the city limits would put them further away from their customer base which adds to air pollution and sprawl. If they are displaced, there is also the possibility of their going out of business, which would be even more environmentally problematic. Most of the materials they take in would then be placed in landfills . The Plan should have taken a slighdy different view of those businesses which are environmentally-friendly businesses. To disrupt those businesses for additional bike paths and parks is not the right direction to take . Mr . Roth stated he believes there are compromises that can be worked out where those businesses can still operate and still obtain open space along the river . Mr . Adams asked for alternatives; he asked if the Plan would "cie · or be picked up latff if the Commission doesn't approve it. Chair Waggoner stated there is no money av 1lable to "pick it up later ." Ms . Reid stated Council can ask the Comm1n1on to review 1t again : her 6 ' .. • • b e st understanding from the February 25 meeting is that the issue is whether or not th e Commission wants to make a recommendation to City Council to approve the Open Space Plan as written . There is a motion on the floor to make a re u mmendation to approve the Plan . There is no motion on the floor to make a recommendation to approve part of the Plan . Mr . Adams stated the City of Sheridan has had three months to present alternatives . Even though they are forming a new government, they could have at least indicated that they didn't want to accept the Plan . Ms . Dannemiller stated the Commission does have the letter Mayor Carter submitted on May 16 . Ms. Reid stated the letter came from the City Manager's office today and she provided a copy to Chair Waggoner. Ms . Dannemiller asked that the letter be read to provide an indication of Sheridan's position on the Plan . Ms. Reid stated if the Commission is not reopening the hearing, then it needs to be taken solely for the purpose of looking at Sheridan's position otherwise it becomes additional testimony. Ms . Reid stated the questions and discussion thus far have been for legal and clarification purposes which, in her opinion, is not testimony on the Plan itself. The purpose of the public hearing was to review the Plan. If the Commission limits its consideration of the letter, it can go on the record, but the consideration of the letter can only be for a review of Sheridan's posi!ion on the Plan . Chair Waggoner stated he didn't remember anything in the Plan putting anyone out of business. It is a conceptual Plan and in his opinion, it is there for the cities who have control over the properties to use as they desire . Chair Waggoner directed the Commission's attention to the Zoning Map at the rear of Chambers. Parks are denoted in green; the area in purple is industrial. Looking at the map shows that Englewood controls more than 50%. He suggested it is a 60 Englewood/40 Sheridan split. Mr. Schum stated he disagreed. The Plan clearly shows that it is 60 Sheridan/40 Englewood . Chair Waggoner stated that is assuming Sheridan has control over the golf course, which he doesn't believe they do. Mr. Welker stated he doesn't believe it needs to be a battle between Englewood and Sheridan . Chair Waggoner agreed. Mr. Welker stated he is also torn about whether or not the Plan is worthy of recommendation since there are a number of unresolved issues which didn't come to light before the hearing. His fear of not recommending the Plan and not continuing with the process is that it will be lost. When monies become available and opportunities arise tha fit into the Plan, it won't be able to be completed at that time because this Plan would be gone. Discussion ensued. Ms . Mueller asked if the Commission could amend its motion to cite their concerns. Ms . Reid stated the person who made the motion can accept a friendly amendment and a new motion amending the first motion . Mr . Adams stated he is satisfied with the information he has received . Mr . Adams asked if the Commission was voting on approval without amendments or amending the approvill Chair Waggoner stated there is a motion and a second to send the Plan to City Council with a recommendation for approval. Mr . Welker stated he would like to c~te the 7 •· ' .. .. • • • 0 discussion of who made th e motion . Ms. Reid stated if the Commission wished to vote on the current motion as is then someone can make another motion if the current motion fails . Ms . Reid asked who made the motion . The recording secretary stated Mr. Welker moved and Mr , Adams seconded . Ms . Reid stated it is the Chair's call. Discussion ensued regarding amending the motion. Ms . Dannemiller stated it is her understanding that the Commission can make a recommendation to adopt the Plan with specified changes, which would be the Plan that would be sent to Council . City Council would have the decision of whether to ask staff to make those changes or adopt the Plan in its original form. Chair Waggoner stated at the present time the Commission doesn't know what Sheridan wants changed. Ms. Dannemiller stated that was correct. Chair Waggoner clarified there was no contact either way with Sheridan as to any changes to the proposed Plan . Ms. Dannemiller responded; the information she presented in the staff report was her contact with the City of Sheridan in addition to the letter received from Mayor Carter. Chair Waggoner stated there were no requested changes received . Ms . Dannemiller stated that was correct. Chair Waggoner asked if the Commission had any further consideration or comment. With no further discussion, the secretary polled the members' votes. AYES: NAYES: ABSENT : ABSTAIN: Adams, Diekmeier, Mueller, Waggoner Roth, Schum, Welker Krieger, Lathram None The Chair announced the motion approved by a 4-3 vote and moves forward to City Council with a recommendation for approval. IV. PUBLIC FORUM Chair Waggoner asked if anyone wished to address the Planning & Zoning Commission. Alice Corns, 2151 West Radcliff Avenue asked why the agenda shows a public hearing o ·n the open space plan. Ms . Reid stated the public forum is a time for the public to make comments and the Commission doesn't answer questions during the public forum . Ms. Corns stated the agenda calls the meeting a public hearing. but the meeting was closed. The only information the Commission considered was what was presented at the February meeting. and the Commission still didn't listen to what was said at that meeti ng. She stated she has a lot of reservations regarding the Commission's actions . The landowners did not know what was going on. She stated no one at the February 25 meeting testified in support of the Plan . Englewood's mayor was not present to support the Plan; however, Sheridan's mayor and City Council spoke against the Plan . She continued; it doesn't make any difference what she tells the Commission . People are not going to go away. Englewood continues to take land from Sheridan. She stated she spoke with a landowner who owns a substantial amount of acreage, and he still didn't know about the Plan . Eng lewood didn 't want th e word to get out and didn't listen to people. By approving the 8 ' -.. .. • • Plan , she guarantees people will show up for every City Council meeting even though it's not the City of Sheridan . She asked if anyone in Englewood listened . Tim Soule, 2045 West Union Avenue stated the Commission is adopting a flawed Plan . Public comment was received in February and the Plan did not change. He attended both public meetings. He was told at both those meetings not to worry the Plan is a 15 -2 5 year plan . At the February meeting, he learned that the property he owns is not going to be redeveloped; it will be taken for parks and recreation. In the Plan, there is a timeframe of 3- 5 years. He commended the members who voted against the Plan . The Plan is not conceptual; it contains dates and times. It is not fair; it is not right. Chair Waggoner commented that the Commission did not adopt anything. Ms . Reid stated that was correct; the Commission passed a motion to recommend the Plan to City Council, who does the adopting. John F. Kent, 2400 West Oxford Avenue stated his family owns Oxford Recycling . He spoke at great length at the February meeting and is also confused at the Commission's action. He felt the Commission would postpone the Plan . Mayor Carter is in attendance and he assumes she wants to speak. He believed Sheridan's position on the Plan was to have more time to complete their Comprehensive Plan before they could address the Open Space Plan. There was change in their government, but those issues are behind them . He feels the Plan is good until it starts interfering with businesses. He agreed that he doesn't want to see the Plan #scrapped", but he doesn't understand why a decision wasn't postponed for another 3, 6 or 12 months to gather more input from Sheridan. His family wants to be part of the solution; his type of business cannot be easily relocated. In tough economic times, it is not as important to beautify as it is to employ more people and try to help those businesses. He stated the river should be beautified without interrupting businesses. His company is participating in the Sheridan cleanup in a few weeks . Englewood directed their residents to take their tree branches from the snowstorm to Oxford Recycling because it was the closest facility. He doesn't want his company driven out of business. He asked the Commission to allow Sheridan and landowners more time to provide input on the Plan . If the Plan is flawed from the beginning, he believes it will be very difficult to change later . It is part of the Commission's job to correct those flaws before it is sent to City Council. Mary Carter, 3195 South Clay Street stated she had hoped to speak to the Commission before the vote. She understands that the Plan is now being recommended to Englewood City Council. Engle o od will then do what it wants and it gets passed on to the Planning Commission of the Sheridan, and then onto the Sheridan City Council before anything is finalized. She stated she is not worried about the Commission 's vote. She understands her letter came late, but they are working as fast as they can . Anyone who has been in government understands that government works very slow sometimes. It is only just recently that Sheridan formed an Urban Renewal Authority and are in the process of developing a Comprehensive Plan . Sheridan's grants require that their Comprehensive Plan be completed by January 2004 so it will not take a couple of years . The Urban Renewal Authority will be in effect befor the end of the summer because the blight study will be 9 ' i • • . finished by the end of the month . Sheridan has been promised an Urban Renewal Plan by the first of August. At that point in time, a lot of the areas in the Open Space Plan will have a different idea of development than what is contained in the Plan . Sheridan tried to provide Ms. Dannemiller with changes, but it was too late. Sheridan will accomplish those changes when it reaches their Planning Commission or City Council. The Commission's action does not stop Sheridan from doing what they want, and it doesn't stop the input of the businesses who are within the boundary of the City of Sheridan . Sheridan will listen to them and try to accommodate them. She thanked the Commission for their time. If Sheridan needs to obtain a grant to modify the Plan, they will apply for a COCO grant in September so the Plan meets their expectations and their development plans . Jose Tafoya, a Sheridan City Council person, complimented Ms . Dannemiller on a job well done; it is a good Plan. However Sheridan is working on a Comprehensive Plan and developing a Urban Renewal Authority, and the Plan is unacceptable at this time. Sheridan is asking for more time and will listen to and support the property owners. As long as he is on Sheridan City Council, he will support the property owners . He stated he hopes the two cities can reach some type of consensus. He applauds those Commissioners who voted no. v. DIRECTOR'S CHOICE Ms. Dannemiller stated a full copy of the Unified Development Code will be delivered on May 23 and the June 3 meeting packet will be delivered on May 29. VI. ATIORNE)''S CHOICE Ms. Reid stated she had nothing further. vu. COMMISSIONER'S CHOICE Mr. Schum stated he was surprised at the artwork on South Broadway; it is quite interesting. He loves art in Englewood, but he is having a hard time understanding two of the µieces. He stated it was a rough evening and that a lot of people feel as if their involvement has been pushed to the side. He stated he is all for bringing the river up to snuff and making it a beautiful place for everyone, but once again everyone needs to be involved equally. Chair Waggoner stated since construction has started on the Safeway Parking lot there are no turns on the ends of the parking aisles. Ms . Mueller stated the agenda was noted as a public hearing and she thought the Commission was taking more testimony, which was her misunderstanding. It is a shame that the Commission didn't hear about Sheridan's plans and their dates before now. There was no further discussion . The meeting was declared adjourned at 8 :30 p .m. 10 • • /s/ Nancy Fenton Nancy Fenton, Recording Secretary July 21, 2003 4 101 S. Federal Bl vd. Shcndan , C O 80 110-5399 303n 62-2200 FAX 303n62-1853 OFFICE OF THE MAYOR Mayor Beverly Bradshaw and City Cowicil City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Dear Mayor Bradshaw and Members of the Englewood City Council : 0 . Tonight you have on your agenda approval of the South Platte River Open Space Plan. The City of Sheridan participated in preparation of this plan for several months and agrees wholeheartedly with any and all efforts to preserve and protect the river corridor. However, our City bas moved in several new directions since final preparation ofthis plan took place . As I advised your Planning Conunission prior to its approval of the Plan, the City of Sheridan bas obtained a grant for preparation of a new Comprehensive Plan for the City, updating the old 1986 Plan. The update is on schedule and the results will be available in mid-January, 2004. In the meantime , a petition from several citizens of Sheridan was received by City Council asking for the creation of an Urban Renewal Authority to clean up an area of our City and to attract connnercial retail development to that area. In response to that petition, City Council authorized the preparation of a blight study which bas been completed and reviewed by City council. Blight was found in the area and a public hearing on the findings of blight and formation of an Urban Renewal Authority will occur this Wednesday , July 23 , 2003. The area encompassed by the blight study and to be the area of the Urban Renewal Authority runs from Santa Fe west to the river and Oxford north to Hampden. We recognize that this area is a large part of the South Platte River Open Space Plan. The Open Space Plan bas always been presented as a "vision." The City of Sheridan expects to use this "vision" in its plans, but reserves the right , speaking on behalf of its citizens, to mike changes in that vision. ' .. .. • • Economic development is an iq,ortant factor in urban living and is much needed in the City of Sheridan. We feel that cleaning up this area of our City and introducing a commercial retail development will give the City of Sheridan the financial stability it needs to provide its cimeos with the IIDCllities they deserve . If you would like further infurmation with regard to any oftheae matter, please do not bmitate to contact me. 2003 Officer Brian Mueller Benefit Golf Tournament August 15, 2003 Englewood Golf Course 2101 W. Oxford Ave. Englewood, CO 80110 Registration fees will be $100.00 per person. Tee Time -8:00AM Shotgun start Hosted by Friends of Brian Mueller Officer Brian Mueller was critically injured in a motorcycle accident while trying to apprehend a fleeing suspect on July 2, 2003. He remains in serious condition at Craig Hospital in Englewood. The proceeds from this tournament will be donated to the Brian Mueller Police Benefit Fund that has been established for Brian and his family. Prizes will be awarded for low score, longest drive and closest to the pin. A barbecue lunch will be served following play. The format will be a 4-person scramble. Everyone is welcome to play. You will be assigned a team if you have not submitted a team of four. The first 144 players to register will be accepted and a waiting list for additional teams will be established. You will be notified of your acceptance. The tournament is expected to fill fast therefore we camot guarantee registration without payment. Send your name or team name and players' names, with Nqistrqtion fcg (payable to "EPBA Brian Mueller Fund") to: J'im Ulrich, Malcal Services Chief Englewood Department of Safety Services 361!5 S. Elati Strut Englewood, CO 80110 303-762-2476 ------------------------------------------------------------------------------------- Please detach and return this portion with payment by August 8th 2003 Team (or player) name _______________ Number of players __ _ Contact person-------------PHONE. ________ _ Additional Sponsorship Opportunities include a ·Hole Sponsorship• -$250.00 -with your name or organization identified at the hole you sponsor . Other creative sponsorship ideas may be discussed or submitted by calling 303-762-2476 • .t PLEASE PAINT PUBLIC COMMENT ROSTER AGENDA ITEM 7 DATE: July 21, 2003 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES AGENDA ITEM 8 DATE: July 21, 2003 PLEASE PRINT ......... _____________________ _ :;(ra, ez;,u2,fu;U {!;yPtt .ii!MJ PETITION FOR THE NOVEMBER, 2003 BALLOT We, the undersigned resident of the City of Englewood . request the Englewood City Council place on the November, 2003 , ballot the question of the Occupational Privilege Tax so the voters of the City of Englewood may havl! an opportunity to participate in the financial condition of the City. If the voters approve the tax , we would request that the tax be revisited when the Trolley Square bonds are paid off to determine if this source of revenue is still needed . FULL NAME (Not Mrs . John Brown) ~-...,. ' J rJ, +4 ;:;;i ADDRESS ii'lz ~~ 8'o!IB L/3f?l Sa ~ <g/J/11) ill30 .S. G:an+-St-. 80L~3 ;~ >-6ir11KTSE. #l'r..3 l/~ 12 S, (;,,.q ,uf5'fti:JIO ~4,l S G,R...~~ 4 io,\D fJPJ~~ &l?D r,t.£~?,t,:g i/1.,Sl; S. f)r1Jlf.l: gfj( , D 4387 s. /.&.rw61 r-1-""'1 ·$ A,~ ~' gt111" 43ft ~. ft« rk 51: ~/lo ":;' ~fi,.~~fJf~ oo So~F'tJ//0 +"23 s. A:lowlt\ St-ro110 .1f:,3S'" s. Ho~N go l /O 4J3bS'. ~ • ..._ fl:>170 /H 2 7 J., ):L_..._ .. ,ys, '(18 I(~ t • • PETITION FOR THE NOVEMBER, 2003 BALLOT We, the undersigned resident of the City of Englewood , request the Englewood City Council place on the November, 2003 , ballot the question of the Occupational Privilege Tax so the voters of the City of Englewood may have an opportunity to participate in the financial condition of the City. If the voters approve the tax, we would request that the tax be revisited when the Trolley Square bonds are paid off to determine if this source of revenue is still needed . ADDRESS ..36Vr ~. Ac.OW1~ Solla !? , 'I 5 S. ~ St;, ..K<J // t) 3o ~-s, l}e.11,~ SJ... ~ () ~~~~(~ 2;~;/o 3e?W ~. O,,,.,q,,_,, )01t. s. /Jr.a•, 9; a::,,,a .?c,Od S . ~ '1,1<-c) 2.1~~ J . 'Y-'$'. (,. r cJ "" 3cP2 3 S;;-io,.140 'rC!tttJ j~t..A .~L f2>t",o :S-o">/,$ 4~c.._ ~~ ,..J1 ~~ ::oa, o/:, . ti'=~OnO io uo · 30?/ S Aco&ia.._ fl T L# mo PETITION FOR THE NOVEMBER, 2003 BALLOT p1#i_ ~ /::,1-(,,:J-t> s;/,\,:1-i,U We, the undersigned resident of the City of Englewood, request the Englewood City Council place on the November, 2003 , ballot the question of the Occupational Privilege Tax so the voters of the City of Englewood may have an opportunity to participate in the financial condition of the City. If the voters approve the tax, we would request that the tax be revisited when the Trolley Square bonds are paid off to determine if this source of revenue is still needed. ADDRESS ;;to;M w . Wes 4y 140 2oo1 So . m1112/q.J ~ 360.t" j~~ o,Je.. 4?,ro s · L ,~coin .r f-: 1/1:?~-cS.i;Ey~ s,. bv&fuc,e,( J2bl f-·cinllui .,r £fj~"'J ::?e,41, ~ lz?<.W • • PETITION FOR THE NOVEMBER, 2003 BALLOT We. the undersigned resident of the City of Englewood, request the Englewood City Council place on the November, 2003, ballot the question of the Occupational Privilege Tax so the voters of the City of Englewood may have an opportunity to participate in the financial condition of the City. If the voters approve the tax, we would request that the tax be revisited when the Trolley Square bonds are paid off to detennine if this source of revenue is still needed . FULL NAME (Not Mrs. John Brown) • - .,,. CORRECTION THE PRECEDING DOCUMENT OR BLANK FRAME HAS BEEN REMICROFILMED TO ASSURE LEGIBILITY AND ITS /MA GE APPEARS IMMEDIATELY HEREAFTER. PETITION FOR THE NOVEMBER, 2003 BALLOT We , the undersigned resident of the City of Englewood , request the Englewood City Council place on the November, 2003 , ballot the question of the Occupational Privilege Tax so the voters of the City of · Englewood may have an opportunity to participate in the financial condition of the City. If the voters approve the tax , we would request that the tax be revisited when the Trolley Square bonds are paid off to determine if this source of revenue is still needed . FULL NAME (Not Mrs. John Brown) .. • • PETITION FOR THE NOVEMBE.R, 2003 BALLOT We, the undersigned resident of the City of Englewood. request the Englewood City Council place on the November, 2003, ballot the question of the Occupational Privilege Tax so the voters of the City of Englewood may hav~ an opportunity to participate in the financial condition of the City. If the voters approve the tax, we would request that the tax be revisited when the Trolley Square bonds arc paid off to determine if this source of revenue is still needed. ADDRESS .ss::s:: £: &cbe/( II~ 5/[!re. ~rK.e.Jl ~"~ . . o11fR ~. ~,It. qsg E. Qa)cnS! \ \ Ave. Z/J, t/7 5 lf:r~ 0,(.,,, ST. PETITION FOR THE NOVEMBER, 2003 BALLOT We , the undersigned resident of the City of Englewood , request the Englewood City Council place on the November, 2003. ballot the question of the Occupational Privilege Tax so the voters of the City of Englewood may have an opportunity to participate in the financial condition of the City. If the voters approve the tax, we would request that the tax be revisited when the Trolley Square bonds are paid off to determine if this source of revenue is still needed. ADDRESS 'ft, \.f C: Jt.. .lie(/ "" "'- 3{qo r. EDx s.,..._ #-ZQ :i 11291«.1~ M 'f:5"1S S. l/,()[Ol4/ 5 'i PETITION FOR THE NOVEMBER, 2003 BALLOT We , the undersigned resident of the City of Englewood, request the Englewood City Council place on the November, 2003, ballot the question of the Occupational Privilege Tax so the voters of the City of Englewood may have an opportunity to participate in the financial condition of the City. If the voters approve the tax, we would request that the tax be revisited when the Trolley Square bonds are paid off to determine if this source of revenue is still needed. PETITION FOR THE NOVEMBER, 2003 BALLOT We, the undersigned resident of the City of Englewood, request the Englewood City Council place on the November. 2003 , ballot the question of the Occupational Privilege Tax so the voters of the City of Englewood may have an opportunity to participate in the financial condition of the City. If the voters approve the tax , we would request that the tax be revisited when the Trolley Square bonds are paid off to determine if this source of revenue is still needed. ADDRESS ~c&-~ /Jo ul Cr-.w4 #102_ '{,133 ;5 Jl, , o-.St,. 4~3.d.~ A . f e-\ . \ -\-\ 0 \\ -\ 0 {"\"'\ o'-J CL c\ o ~ 0-\ ~ · ~ ,o~\\ \::)a.-\~!:) I 1.-o ·~('\ YO.<~ -\"o CL ll 0 Q. ( ~ 0. <""" · U\ ~ "~ \ ~ w o a~ • ~Q. ('\'\Q.. •o I 1/ . l l r. _J Llt is '-' , cu·-r--e..-\ "-J 0.0-,<2. •• !J~ Vi' l( a vreif '~Ct~ ~0.<" \\ '<2.. -s~ ve. 0 1 \e. p. d d<Gb 'S, ~ ----Z,,'r) '5 0 s ' ~ ., "' <; 1 \ VClc vt ; "'-' f N o. m e... •• I ~ L v , ,J R u. a 1 Wo(\,Q. ~ -rc-tBtA-\~> 14:. \~ {Ad0,'1-~~-. ~ ~3 ::,, \9-'.)~ .. (j~ \--? e ~ \-\-\ 0,:\ -\ 0 f\,O--.JL d 0~ o"'" ~ \ e..0.~ ~O, \\ ~-,o~\ \:::)er\~~ I t.-o ·~('\ -Yo<~ -\'o CL \~'0~ ~~CJ1\e. lA. 0 Q. ( V 0. <" ~ . U\ E., (' ~ \ e., LD O a d. • ~0.(\'\(2_ .0 / / , 'ff,.., 1111 • ,-'-""-C f /I t= /Y/OVV , ':)DY"\ W o \\, ~ ·. ~ Y c;lJ IL(,( S' 69.I 8,_5f fJr.zfes ~t1eNuc Na rn <L •• 1111... . ~{J H~~. '.:7 ,L ""/)Jr~ 1-fr>1o 5 . f,e,;tl'I '7 //? p; ~ ct c n~. '=> ":) : · ~ 7.(7(:,/ S. · lotit4-!V W O C\"\ '1.. ~ · '\J\eJl. UL~ Prv 0 p._do,e.~-s·. yc:,5" £ 6cde s Aue_ ~Cli\,~~ C'hvl.$. (;n'..ij,./iv • . /1 ~ dct,Q~-t> ~ :;_g 1 t;' S-rknns.ylvc,,,,, ,-c, 1(1-cr /0.3 w o(\\e. ·b \lr,1r'-' M6..,l~ . \-\ d.d \ e. ~ 't> : 1 <p O s -~ ,U\(\ S'--1 kJOJM.a___ St (-11-n-1:, \:? e .-\-·,-\-\ o" -\ o f\,o"-.1 e__ c\ o ~ rn-~ ~-,o~, \°::) a.-\ L~ I ~o -~\\ yo<"°' -\"o a_ lJ-0Q.( -V0(~ .U"\ e..~~\e..LDOOA• ~O.m<2. •o ~ (<. =if~ ,;c\6,e.~7:>: ~.ti) C'.~ tP-f, ~O.~e2. ··f:)~~ ~VE.S P,... ci6 ,e o-:::i •• \.c,q ::> E 44mN.JS-"T \)\ . Naro~·. Nan~ lJJuiuJ}'Y)b t\dd,e.~~: 7(}a£ Arn lu rsl-P; "-\ CL(\, e_ ~ ~I K.e.1 ( y ?,. dct,a. "::>'t> ~ '7l9 / t. ~es f\w .. 1 ~\ev\la:d No.ma_ ·o :S~a.n N.. W~W \-\6d(C2..~-o: 131 ~ ~s [~dlJD w Q(\\e. ob ~~\\ ~ \J\o.rco (\66,e..4::>"t>: vio I [. 6dl? ltvL ~ \ e...CL~ ~O.c; \\ \"-.~0 f~o1\e.. baJ e~ 1-/J-0 3,. 7 -lf-6"~ 1-(1-06 . \> e:\ \-\-\ o" -\ o f\,o--.J<L c\ o~ o~ ~ \ e...o.~ t'o(" \\ -\ ,d~\"\ "\::)er\(._~ I \..-o ·~('\ -Yo<"' -\"o o... \12.~~ ~e.01\' U.0Q.( VO.(~ ·U"\ ~0~\e..u..,ood.• /J Joi/ I> /!5C>({c:J &1 (tc...,,do~ Cu ~Cl<",~~ t:eOD.f Q~ 0.. i-. q ·0 -~ , \\ d d ,Q '::)'O ~ le,03 c AM'r\Q.'( ~t V\ _ · No. i\'\ a_ ·c Cf ./L4YV'-.. ~ WD(\,e. ·~ 0~ r\~, \-\ct Cl,e..~7-): :5~0 £. tJl ~ f-J.,t _ "' o""-J e_ d o ~ °" ~ \ e.. a~ ~ o <" \\ ~ ,o\\, \'::) a:\ c...~ I l-o ·~('\ YO(~ ""TO CL \e..7.,0 ve.01\e l).. 012.( -VO.<"~ · U"\ E.,"~\<l.LD ood. · \..J CL\\"\~·. L,f\JCl\ K Coof\fermo..n 1~66("<2~~: 24 ~ '::) ~. Penf'\s_1IV'l'c..t\1a.. ~' ~d,6,c2.t:i~·. ~Ct I e~ ~ ~-~oo& e.o 80//Q No.. ro (L •• We the undersigned citizens of Englewood, Colorado, do hereby petition the honorable members of the Englewood City Council ID Allum ALL Englewood Parka ID an on-leash status unless an otherwise designated SAFE and FULLY ENCLOSED ar'8II can be provided. 23 _______________________________ _ 24 _______________________________ _ 25 ______ ~-------------------------26 _______________________________ _ 27 ___________ ~--------------,~----- 28 ___ ~----------------------------29 _______________________________ _ 30 _~------------------------------ 31 -~~--------~--------------------32 _______________________________ _ 33 OC\\~ ~ ~b .11;,J "}!If;_ I~ l-f- .dO,"-~-s·~?. q G, I >. e,;_qp~~ ~ 7/z.c.,1 ,-2.0 )0(\\€. ·~ As>}\J~ WOV\l_f~ 1; 7~ ,..L\ c-o '-7' ~ /7 o q ,, s:. ~~/i.mtt,a. ::Sf . "t;n f io/13 • • PROCLAMATION WHEREAS. the National Association of Town Watch (NA TW) is sponsoring a unique nationwide crime. drug and violence prevention program called National Night Out on August 5, 2003; and WHEREAS, the "20th Annua.l National Night Out" provides a unique opportunity for the City of Englewood, Colorado to join forces with thousands of other communities across the country in promoting cooperative police-community crime prevention etTons; and WHEREAS. the residential and business communities play vital roles in assisting the Englewood Department of Safety Services in its joint crime, drug and violence prevention efforts in Englewood, Colorado, by supporting "National Night Out 2003" loca.lly; and WHEREAS. it is essential that all citizens of Englewood, Colorado. be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime , drugs and violence in the Englewood, Colorado; and WHEREAS, this crime prevention program is designed to heighten the awareness of crime . drugs and violence prevention. generate support for anti-crime programs, and to strengthen police/community relations; and WHEREAS, the police-community partnerships. neighborhood safety, awareness and cooperation are important themes of the "National Night Out " program; NOW THEREFORE. I. Beverly J. Bradshaw. Mayor of the City of Englewood, Colorado, hereby prpclaim Tuesday, August S. 2003 as : NATIONAL NIGHT OUT in the City of Englewood, Colorado. and urge all Englewood citizens to support the "20th Annual National Night Out" program by gett ing to know your neighbors and sending a message to criminals that the neighborhoods in the City of Englewood are organized and fighting back against crime. GIVEN under my hand and seal this 21st day of July , 2003 . B.:verly J . Bradshaw , Mayor .. I I • ' • • RESOLUTION NO .\QJ SERIES OF 2'f3')1JJtt:J A RESOLUTION REAPPOINTING JIM GOODRICH TO THE CODE ENFORCEMENT ADVISORY COMMITIEE FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Englewood Code Enforcement Advisory Committee was established by the Englewood City Cowicil with the passage of Ordinance No. 71, Series of 1997; and WHEREAS, the Code Enforcement Advisory Committee is an advisory committee focused on the activities and services of code enforcement and regulatory processes of the neighborhood services of the Department of Safety Services; and WHEREAS, the Code Enforcement Advisory Committee makes recommendations to City Cowicil and to the City Manager or his designee for improvements relating to neighborhood services in the City; and WHEREAS, Jim Goodrich bas served as a member of the Englewood Code Enforcement Advisory Committee; and WHEREAS, and City Cowicil now desires to reappoint Jim Goodrich to another term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section l. Jim Goodrich is hereby reappointed to the Englewood Code Enforcement Advisory Committee effective immediately with his term to expire July I, 2005 . ADOPTED AND APPROVED this July 21, 2003. Beverly J. Bradshaw ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No ._, Series of 2003. Loucrisbia A. Ellis ORDINANCE NO. SERIES OF 2003 BY AUTHORITY coikfl.-· .... INTRODUCYCOCIL MEMBER.,.~~~~~- AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BElWEEN THE BOARD OF COMMISSIONERS OF ARAPAHOE COUNTY, COLORADO, BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER, AND THE CITY OF ENGLEWOOD, COLORADO, TO CONDUCT A COORDINATED MAIL BALLOT ELECTION ON NOVEMBER 4, 2003. WHEREAS, pursuant to the Uniform Election Code of 1992, governmental entities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses; and WHEREAS, the City of Englewood has panicipated with Arapahoe County in conducting coordinated elections since 1993; and WHEREAS, Arapahoe County and the City of Englewood have determined that it is in the best interest of the taxpayers and the electors to conduct a coordinated election for the November 4, 2003 election; and WHEREAS, the Colorado Constitution, Article X. Section 20, requires the production of a mailed notice ("TABOR .. Notice) concerning certain ballot issues that will be submitted to the electors of Arapahoe County and the City of Englewood; and WHEREAS, the TABOR notices of several jurisdictions are to be sent as a package where jurisdictions overlap; and WHEREAS, there should be county-wide coordination of the production and mailing of the TABOR notice package to effectuate the purposes of said constitutional section; and WHEREAS, Arapahoe County and the City of Englewood desire to set forth their respective responsibilities for the coordinated election and, if necessary, for the production and mailing of the TABOR notice package pursuant to the Intergovernmental Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Scctjon I . The Intergovernmental Agreement for Coordinated Mail 8allot Election is attached hereto as "Exhibit I". The Intergovernmental Agreement for Coordinated Mail Ballot Election is hereby accc:pted and approved by the Englewood City Council . Sectjon 2. The Mayor and City clerk are authorized to sip and attest said Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first radin& on the 7* day of July, 2003 . Published as a Bill for an Ordinance on the 11• day of July. 2003 . • • Read by title and passed on second reading on the 21 • day of July, 2003. Published by title u Ordinance No ._, Series of 2003, on the 25111 day of July 2003 . Attest: Beverly J. Bndabaw, Mayor Loucrishia A. Ellia, City Clerk .I, Louailbia A. Ellia, City Clerk for the City of EnaJcwood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance puaed on final reading and published by title u Ordinance No.___, Series of 2003. Loucruhia A. Ellia rapanoe ~~~::~!! INTERGOVERNMENfAL AGREEJ."IENT FOR COORDINATED~~ ARAPAHOE COtJNIY NOVEMBER 4, 2003 This Intergovernmental Agreement is entered into by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, and the Arapahoe County Clerk and Recorder (hereinafter jointly referred to as the "County") and the Cic:, of EntJlewood (hereinafter referred to as the "Political Subdivision"). Pursuant to the t:'niform Election Code of 1992, (Articles 1 to 13 of Title 1, C.R.S.) as amended, governmental entities are encour:iged to cooperate and consolidate elections in order to reduce ta.'<i)ayer e.'<i)enses. The County and ?olitic:il Subdivision have det~~it is in the best interest of the ta.'<i)ayers and the electors to conduct a Coordinat~~onoli November 4, 2003 and desire to set forth their respective responsibilities for the coordinated election through an Intergovernmental Agreement. Therefore, the County and the Politic:il Subdivision agree as follows: 1. The ~ovembe:-4, ::003 election shall be conducted by the County as a coordinated election, in accordance with the t:niform Election Code of 1992, (Articles 1 to 13 of Title 1, C.R.S.) as amended. 2. The .\r:lpahoe County Clerk and Recorder shall be designated as the Coordinated Election Official and the Politic:il Subdivision hereby ident:ies the following person as it's Designated Election Official: Louc:~shi3 A. Ellis, Cle~ Cl erk 3. The County shall per:orm the following tasks in relation to said election, to wit a. Provide a copy of the ballot layout and the text of the official ballot to the designated election official for proofre:iding prior to printing of the official ballots. b. Print and mail the "TABOR" ~otice for the politic:il subdivision, u required pursuant :o Colorado C.Jnstitution . .\rtic!e :c.. Section 20, if applic:lble. c. P:-o"ide the Politic:il Subdivision :io less the 10 sets of a "test deck" of the jur:.s<iie'.:ion ·s ballot styie(s) to allow for :esting oi electronic vote-.:ounting equipment. d. P·Joiis h ::.1-ie :-ec;u::-ed .eg:ii :1otice :or :he ?olitc:il Suocllii.sion's ballot questions ar.c: ~::c::c::ms . ;:,ml!ant :o ·, ~.r£=-i f ;;~z~.sY~ 1 > ~ublished 110 later~ :ro- t .. .. • • 0 0 days prior to the dection and covers ail pertinent information ,equired by statute. e. Certify the complete number of registered electors within the Arapahoe County portion of the Political Subdhision no later than October 3, 2003. f. Appoint, compensate, instruct and oversee the judges of election and the board of canvassers. g. Provide unofficial results of the election on election night by telephone or by facsimile transmittal, upon request. h. Maintain a list of actual voters from the November 4, 2003 election, and upon request, generate a list of the persons who voted following the election. The cost will be s.005 (1/2 cent) a name. i. Store all voted ballots for a minimum of 25 months, and all other materials required by law (1-i-802, C.R.S.) to be saved in such a manner as the Politic:tl Subdivision, if necessary, may access them to resolve any challenge or other legal questions that might arise regarding the election. 4. The Political Subdivision shall perform the following tasks in relation to said election, to wit: a. Comply with the provisions of the Uniform Election Code of 1992 (Tttle 1, Articles 1-13 C.R.S.). b. Submit to the County a copy of the Politic:tl Subdivision's map, which corresponds to the County's precinct map, no later than July 28, 2003. c. Publish any required legal notices, other than the notice required by 1-5-205(1) C.R.S. for the Politic:il Subdivision's candidates and/or ballot questions. d. Certify to the County Clerk and Recorder a list of candidates, ballot mues and/or ballot questions on a diskette, in Microsoft Word format. along with a paper copy no later than 4:00 p.:n. on September 10, 2003. The ballot content must be certified in the order in which it will appear on the ballot. Tue c;ertificd list shall be final ;ind the County wjll not be cespcnsible fpr mg)sjpg ;iny cb1nm 3.fter the s;ertifiqtion • . e. Within one day of receipt, proofread the layout and the te."tt of the t>olitic:il Subdivision·:; portion oi the official ballots before author.zing the printing of all ballots. f. ~ hand-count. ar.d deiiver to the C;iunty Clerk the required test deck of ballots for testing the electronic vote-;:ounting equipment, no later than October 20, 2003. g. [f applic:ibie. ce~fy the ten as well as a sw:imary of the comments received by the Politic:tl Subdivision :or inclusion in the !lallot issue mailing as ::e<iuired by Sec::on ~o of .~c!e X Jf :.~e C;iior:ico C.Jnst:~on (TABOR :ioti~) :io la ter :ban 4:00 ;,.:n. on So?pte:i:be:-23, 2003. D.c i:r::::mcd ;ur; ,b&U be :la1l Md ';he caur r-: · . .;n ~at ~e ;nponsiblc ;or ;nili¢.n1 JO'-' cbaam after :ie c;erti;igtign r.:e ;,roc~ss nr :~e:,ing w":"::::e~ .:om.r::e::ts :ind ~.::ng sue comme:its :s t.~e so le :es;:onsibuity oi :.':.e ;:oiit:c.:tl subcivision. 2 • • h . Delh·er all requests for absentee ballots to the County for processing. The requests shall be delivered or fa.xed daily to the Arapahoe County Clerk and Recorder. i. Pro,ide the County Clerk a certified copy of the property owners within the Political Subdhision who are not Arapahoe County registered voters but would be eligible to vote for the subdivision (only if applicable). j. Remit payment directly to Arapahoe County within 60 days of billing for its prorated share of all costs relating to the coordinated election. Toe current estimated cost for each ballot packet is approximately $1.10, to be shared by all participating Political Subdivisions. k. The Political Subdivision shall defend and resolve at its sole expense all challenges relative to the candidates, ballot issues and/or ballot questions as certified to the County for inclusion in the November 4, 2003 election. 5. The Political Subdivision avers that it has sufficient funds available in its approved budget to pay its prorated election expenses for the November 4, 2003.election. 6. Unless otherwise agreed in writing, this Intergovernmental Agreement and the interpretation thereof shall govern the laws of the State of Colorado. 7. Should any provision of this Intergovernmental Agreement be determined by a court of competent jurisdiction to be unconstitutional or other null and void, it is the intent of the parties hereto that the remaining provisions of this Intergovernmental Agreement shall be of full force and effect 8. This Intergovernmental Agreement may not be modified, amended or otherwise altered unless mutually agreed upon in writing by the parties hereto. ARAPAHOE COUNTY BOARD OF COMJ.'\USSIONERS Debra Vickrey, Chairman ATIEST: ARAP AHOE COCNTY CLERIU .• "1 0 RECORDER Date Tracy K. Baker, Coordinated Election Official Date :-.A .. \1E OF POLITI CAL St:BOIVISIO N Date ,\.uthorized Signature Title 3 Date July 21, 2003 INmATEDBY Community Development PREVIOUS COUNCIL ACTION COUNCIL COMMUNICATION Agenda Item 10ci 8 0 Subject Development Review Application Fee Schedule I STAFF SOURCE Tricia Lanston Senior Planner On March 17, 2003, Council approved Resolution 38, Series 2003, implementing an updated Development Review Application Fee Schedule. This was the first development fee schedule update since the early 1980's. RECOMMENDED ACTION Staff recommends that Council consider and approve by resolution the proposed changes and additions to the previously approved Development Review Application Fee Schedule, as highlighted in Exhibit A. BACKGROUND Six modifications to the Fee Schedule approved by Resolution 38 are proposed. The modifications are highlighted on the attached Exhibit A and are as follows: Appeal This fee was omitted on the schedule approved by Resolution 38. The fee is proposed to be the same as the Variance fee previously recommended by the Board of Adju~tment and Appeals. Historically the fees for Variances and Appeals have been the same. Variance This Is a clarification. The Variance fee applies to all districts and all uses. Historic Preservation Application This fee was omitted on the schedule approved by Resolution 38. The fee is in line with similar applications that require similar degrees of administration, postin& publication and recording. Encroachment Agreement -Administrative This is a clarification to differentiate the administrative encroachment agreement fee from the fee for an encroachment agreement that requires Council Action . The fee remains as approved by Resolution 38. Encroachment Agreement -City Council Th is is a new fee initiated by Council Request 03-040 which requested a review of fees associated with development that requires City Council action. Nonconfonning Use Registration This is a new fee that is in line with similar applications that require simHar degrees of administration and recording. flNANCIAL IMPACTS The proposed fees boost the potential for increased City revenues. AJTACHMEN]} Ex hibit A: De elopment Re view Application Fee Sc hedule Resol uti on !• ' • • A RESOLU110N APPROVING THE PROPOSED CHANGES AND ADDmONS TO PREVIOUSLY APPROVED DEVELOPMENT REVIEW APPLICATION PEE !CHl!DULB. J WHEREAS, on Man:h IS, 2003, Englewood City Council approved a Resolution adopting a Development Review Applicalion Fee Schedule which wu the tint review since the early 1980'1; and WHEREAS, applicalions for development require administration hy staff' u well u posting, publicalion and recording; and WHEREAS, the fees are being increased because the cost for proceaing and reviewiq these applicalions hu increased significantly; and WHEREAS, this reviled fee IChedule adds the following categories of feea : Appeal, Historic Preservation, and Nonconforming Use Registration NOW, THEREFORE, BE IT RESOLVED BY THE CllY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1, City Council hereby approves the Amended Development Review Applicalion Fee Schedule, attached hereto as Exhibit A. ADOPTED AND APPROVED this 21• day of July, 2003. Attest: Beverly J. Bradshaw, Mayor Loucrishia A. Ellis , City Clerk I, Loucri shia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify dial the above is a true copy of Resolution No._. Series of 2003 . Loucrishia A. Ellis [J EXHIBIT A City of Englewood Development Review Application Fee Schedule ZoninK/Rezonln1 Annlication Jype Application Fee Amendment to an Approved PUD or TSA $600 + $300/acre Exoansion Base District Rezone S600 + S300/acre a Over All Concept Plan $750 Planned Unit Develooment $1450 Transit Station Area S1450 - Lan d bcr·1o nd Su IVIS na Deveonment Annlication Tvne Annliation Fee Administrative Property Combination $175 Administrative Subdivision $200 Annexation $650 + $300/acre Boundarv Line Adiustment $240 Major Subdivision $1000 Minor Subdivision $600 Vacation of Easement $125 Vacation of Right of Way $450 lication Fee 50 50 150 • • 200 50 so Date July 21, 2003 INmATEDBY COUNCIL COMMUNICATION STAFF SOURCE Subject Plant Operations Data System Purchase The L/E W\/VTP Supervisory Committee Stewart H. Fonda, Utilities Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The purchase of a Plant Operations Data System (PODS) was approved as part of the 2003 budget process. RECOMMENDED ACTION Approve~~ afOOS. wl*h lncWes the ost Soft hlllortan 1n ... M10Unt of $96,33J and lhe ()pl System reportlnt tool In dte amount of $44,450. The cost of the ¥1W11 II $140,781.00. , BACKGROUND, ANALYSIS, AND ALTERNA11\IES IDENTIRm The L/E wwrP shares plant operations data throughout all levels of the plant utilizing data that Is acquired directly from plant processes, data that is acquired from the Laboratory Information Management System, and data that is manually collected and entered into the historical database, FMT System View. The FMT Historian serves as the database for the plant Supervisory Control and Data Acquisition System (SCAOA) data. An FMT Reporting Tool, Report View, is used to access this data for regulatory reporting requirements, operational analyses and process control. As the plant is expanding and implementing advanced operational methods and regulatory requirements are becoming Increasingly more sbingent, the need for easily accessible, accurate data to efficiently access data Independently for special graphs, queries, calculations, and reports is increasing. The FMT Report View paclcage has proven to be unreliable and very unstable as the historical database has grown. FMT product is no longer adequately supported ~ the current owner of the software. A Request For Proposals that Included both the data historian and the reporting tool was released in October 2002. Responses to the RFP for a Plant Operations Data Solution (PODS) were received from eight vendors in November. The L/E W\/VTP selection committee reviewed the responses and six vendors were selected for an interview. Vendor Interviews were held January 13 through 1 5, 2003. Following vendor interviews and scripted demonstrations, the list was narrowed to two vendors and site visits were conducted. Based upon the scripted demos, interviews, and site visits, OSI Soft was selected as the historian and Ops Systems was selected as the reporting tool . The purchase of this software is contained in the 2003 budget The City Information Technology Department has reviewed the contract FINANCIAL IMPACT As a capital purchase, the expenditure of $140,781.00 for the PODS system wil be shared 50/50 by the Cities of Englewood and Littleton. UST OF ATTACHMENTS OSI Soft Contract OPS Systems Contract •• ' • • '8os1soft Cindy Goodburn Support Services Administrator Littleton/Englewood Wastewater Treatment Plant 2900 S. Platte River Drive Englewood, CO 80110 Cindy, Enclosed is the 0Slsoft proposal to the Plant Operations Data Solution. 0Slsoft has been in business over 20 years implementing PI, plant information systems around the world and is the world leader in providing information management systems to the market. With over 6,000 PI Systems installed around the world 0Slsoft has over 75% market share in this space. 0Slsoft is dedicated to providing software and support to ensure that our customers stay current with technology. This is achieved by investing approximately 30%, of our revenue back into developing our product. The Water and Wastewater Industry comprises approximately 3'Ye of our install base with companies including; Denver metro wastewater, City of Calgary, City of Detroit, City of Indianapolis, City of Los Angeles, City of Montreal, City ofNew York and the City of San Antonio. Jutiftcatioas Organiz.ations have sean::hed for a way to organi7.e and manage real time Transmission, Distribution, Process, and device, etc. information. The following feedback comes from our user community. )> "As a group, we considered developing this applicatioo in a relational database. 'l1le 1martest decilioa we made wu to pat la PL" -Mark Browning SC4.D,4 ~r )> "Pl empowers the users to do whatever they want without the support or hlndholding of the IT group." ) "Pl has gnatly improved the plant reliability and has on mon than OM occasion allowed ru to come back on liM much quickn-than if we only had the tool, offered by the /XS. The plant suffers large penalties when we go off law and~ second sooner we get back operating savu 1&1 money. T1w tn08S Ill)' Job a lot easier. I Gift wry happy with the Pl System and can not say enough good thinp aborll the OSI Pl Systna." )> "Recent substation overloading needed to be evaluated u a mandate &om the City. The group needed to determine which substations were over capacity and develop a plan for increasing capacity. Planners used PI to make dccisions to adjust overloads for each su bstation and identify the most problematic sites. S 10(1) -S 100(1) of ailllou wW be speat to alleviate tl1is problem ud Pl -Ille mala laformatioll 10arce for tlleae declsioaa." > Monitor peak seasonal loading . )> Evaluate the capacity of existing equipment. > Increase efficiency by resolving equipment problems. > lntegratc with ROB Maintenance Systems for condition or runtime based maintenance > lnt~grate with ROB Financial Systems for monitoring costs and revenues in real time . > Monitor the la..d of circuits compared to ambient temperature. ) Monitors interchange points. > Reducing the time to communicate and troubleshoot problems before they become critical . > Analysis tools for seasonal variances. ----0 ·-- --Sl.SlL-.MOUlll)t4-nl_,,.... •- t .. .. • • > Outage planning and analysis. > "I bew euctly what we wen looldq ror, I Jut did aot kao,r dlat It ailted. Al 100D a I .. w Pl, I stopped the team from developlaa dall applkadoa la another databue." > "Pl is a valuable tool to the Portland Wat« District. With over 100 sites ICltlered over 200 square miles and personnel in four locations, Pl easily brings the data to wherever we need it. With Pl the data is retrievable real time and historically 111d facilitates investigations. What took days to do, now takes minutes." QHUt Jrb:IJede §eryk:p; Two weeb of installation services have been included in this quote. This will leave you with a fully functioning PI System. During this time intmaces to your control system and lab 1)'111111 will be coafigured. The PI Syslml will be installed and PI tap configured to ensure it is storing the data properly. Clieat liceuea will alao be inltallod during this time. It is rec:ommeoded that one individual, the PI Symn Mampr, lttelld the Pl Syslml Manager, es-tial Skills clus in San Leandro, CA. M an al1ernative the Pl Syslml Manager computer buod training CD may be pun:hued instead of attending the training. For training on the client tools there are seven) optiom. Clalea are offend in San Leandro and listed below. Most complllies will amid a few by individuals to this training who then train the remainder of the usen on site. Two ahemadves to this are on site tnining and a Pl Client fundamentals c:ompuler biled tnining CO. IPCDA> Technical Servic:c Agreements (TSA) coven all COlllmuoUI upgradea to aver IDII client software that are relea.d during the )WI', With TSA the initial inV9llmmt ii pradld IDd customers are part of a c:olllinuous impo't11D111t propam to keep up widl the npid advlllCl8I in software technology. 7x24x36S Tec:lmical Servic:c pbooe IUppCllt ii also im:ludld. TSA also includes accea to the Dcvelopen Nelwork. This is a lntmmlt 11...s -far 111:11 tipl. sample code, useful applicalions, disamion poupa, elc. dinc:11111 • helpina you pl even more value out of your Pl Symm. TSA is calculaled buod on the list price value of the software inllallod on each IYlllm It each site. TSA is priced at I 5% of list price of Clieal Software. Serwr Softwan.1Dd Interface Software. · • ea ·- Real Time 1,rormat1op M.apyemgt Sygpt bc;lw,; PI Synem Compo11e11t 2,000 Point Pl Server for Windows 2000 Server Modules include Totaliz.ers, Alarms, and Performance F.quatiom Pl-OAP for 2,000pt server lncludea API, SOK, OOBC, OLEDB (I) OPC Interface To interface with Allen Bradley (I) RDBMS Interface on NTI To interface with OPS Systems (2) PI-O>mbo Clients (Proc:esaBook, Data Link) (13) PI-DataLinlt (3) PI-HHT (Handhetd Tenninal) (1) Pl-ML (Manual Logger) (2) Weeks on-site installation services, 8 days TSA Price $17,000 $10,000 S S,000 $10,000 S 1,990 S 4,SSO S 1,350 S 2SO $16,000 $7,521 ToCal Con. ............................................. -•••••••••••••••••••••••• ...$73,'61 Tnbabaa System Managen Training (Saa Leandro, CA) 4 days per penaa Pl Client Fundamentals Training (Saa Leandro, CA) 3 days per penoa On Site Training 4 days Pl Client Training CDT (compuler bued 1r1inina CD) Pl System Managers Trainina CDT (compuler bued 1rlinina CD) Sl,700 SI.JOO Sll.500 ssoo S7SO All travel and living costs for on site services, training and imcallerioa will be in ldditioa ID the costs listed above. ----·- How to Pp ID Order It is our goal at OSI to provide prompt and accurate deliveries of our software products to The City of Littleton. In order for us to ensure both prompt and acclU'llte delivery, it is important that orden to be complete. Incomplete or inaccurate information wiU cause a shipment to be delayed. A complete order package includes: 1. A Copy of this proposal . 2. Purchase Order listing the Server Modules, Client Packages, Intcrfaces, Servica and Technical Support 3. Reference OSI Quote 12976JHOI on the Pun:base Order. 4. Two pen signed SI.As, software license agrocment, (no photocopies). One signed contract wiU be forwarded to Littleton/Englewood Was1ewater for your records. S. Please send this package to: OSlsoft 4044 Hartford St St Louis, MO 63116 Attn: Joe Hagan 6. Fax a copy of the Purchase Order to (281) 920-6199 Best Regards, JoeJfaean 0Slsoft • ... ,_ • t -- • Openrtlons & lla/n,.,,.,,ce Software thats usy to UHi June 19, 2003 Littleton/Englewood Wastewater Treatment Plant Operations Division 2900 S. Platte River Drive Englewood, CO 80110 Re: RFP Plant Operations Data Solution (PODS) Rew, Q095aCO LE We are pleased to quote the following software and services to provide UE with the most comprehensive data management and reporting system available anywhere. We propose to provide our standard OPS SOL package with some minor modifications to meet your requirements. The modifications will be added to our standard package to ensure the user of continued support on a standard package. 83. Pricing Schedule: SOFTWARE: OPS SQL -One server license with site (unlimited) client licenses $21,000 Operations software provides simple, efficient management of your operating data including Data Entry, Reports, and Graphs. Math Toolbox provides calculations with over 100 different functions including counting, sums, differences and "if-then-else" statements. Data is entered using familiar spreadsheet forms that can be designed to look just like your Daily Logs or Bench sheets. Data is stored in a MS SOL or Oracle Database . Design Spread Reports to produce daily, weekly, monthly or yearly trend summaries . Government required report templates are included . The software features a complete statistical analysis capability. It includes mean, variance, standard deviation, maximum and confidence interval for any parameter. Five different regression analysis routines define relationships between parameters for two-variable and multiple linear regression analysis . Results are presented graphically-time-series , probability distribution and regression plots. Creates QC charts with standard deviations and Shewhart control limits. Other features include audit trail and data status tracking . Note: MS SOL Server System Software is not included in this quotation and shall be provided by others . LIMS INTERFACE $1,200 OPS SYSTEMS, INC 4020 Peggy Rd SE, Su ite K • Rio Rancho NM 87124 • (800) OP5-00IS7 • (505) 1194-3574 • , ..... opaya.com ' ... • • The LIMS Interface would connect to the PerkinElmer LabWorks database and query the Sample, Results, and Analysis tables for all approved data that is cross referenced to an OPS variable. LabWorks maintains a last modified Date/Time which OPS would use to identify all results that have changed since the last interface run. This ensures that all data changed in LabWorks would be transferred to OPS. The interface is typically setup to run unattended as an NT service or as a scheduled task on a user specified schedule (every hour, once a day ... ) Pl Historian Interfaces for OPS SQL $1,000 Interface software is used for transfer of daily values from the Pl historical database to OPS SQL. Data is read from the historical database, summarized based upon the user specified statistic and the resulting value is placed into the OPS SQL database. Pl OAP is required to be supplied by others. Pocket OPS Softwan, for Pocket PC $3,800 Use a Pocket PC device (Windows CE operating system) to collect data in the field. Upload a route to your device, read your field instruments and meters and then download automatically to OPS 32 softwaro. This is a new product from OPS and would be converted from Pocket Ops for Palm OS, estimated delivery date of July 2003. A $3,600 deduct will be provided if this option is not chosen. NOTE: Pocket PC hardware not included. Option 18. Now Included In OPS SQL Email notification would be added to the auto report capability. Option 24. $500 If transfer does NOT occur during next interval, is e-mail notification sent to alert end- users of the failure? Email notification when the interfaces fails can be added. Please note: The most common causes of interface failure is due to the PC running the interface to be turned off, crashed, or disconnected from the network. In these cases, it is unlikely that the PC could email a message that it failed. Option 47. $2,000 Are multiple levels of data verification available through the Reporting TooVdB? Please describe. An approval process could be added for data entry if required. Option 84. Feature could be added to prompt for a sample comment whenever data is deleted/updated . OPS SYSTEMS, INC -4020 Peggy Rd SE . Suite K • Rio Rancho NM 87124 • (800) OP~7 • $2,000 ·Ito .. t . , • • ·• • • Option Enhanced Graphing No charge Ability to graph up to six (6) items on 111 y-axis. Ability to graph up to two (2) items on second y-axis. Optio~ Report Groups/Publishing $250 Organize reports into groups for better report management. Security enhancements to allow only authorized users to see/run/edit reports in a user defined report group. SERVICES OPS SQL SETUP $3,000 After review of your existing reports, SCADA tags, and process diagrams OPS engineers will set up a limited number of variables (readings, points, tags, calculations), forms and reports to get you up and running. This will show you the proper approach to system setup, and help you avoid common pitfalls. A successful implementation will depend on a user, ·champion•, who will take ownership of the system and, working with OPS Systems engineers, continue to keep the system current Database setup and configuration includes: • Setup of up to 500 Variables. • Setup of up to ten (10) pages of reports including NPDES and other user defined reports . • Setup often (10) Data Entry Forms/bench sheets. Additional parameter setup is $100 per 50 variables. Additional report pages and/or bench sheets are $50 per page On-Site Services OPS Systems Engineers will provide planning, startup, implementation, training, and acceptance testing based on the following schedule. Should additional services be desired by UE, see Section D Additional Services for additional costs. Planning *$2,200 Two (2) days on site. Planning session with key personnel will go over implementation, maintenance, and ideas. The Plant Operations manager will be interviewed and the basic setup of the databases will be laid out. Implementation plan and schedule will be developed . Sample data from the UMS and Data Historian·(if available) will be obtained for development of interfaces. Startup and Training *$5,500 Five (5) days on site by an OPS Systems Engineer. Startup includes installation, formal trainin !!J (advanced and operator), and system testing. Interfaces to be tested and implemented. One-on-One user training for the system champion (problem solving, advanced setup, etc ... ) will also be provided. Follow-up visits *$2,200 Two (2) days on site . Follow up training, resolution of punch list items, etc ... OPS SYSTEMS, INC 3 4020 Peggy Rd SE. Suite K • Rio Rancho NM 87124 • (800) OPS-0067 • (505) 994-3574 • sales@opuyu:om ' .. . _ ... I • ' • • . Summary Cost Table OPSSQL UMS lntarface Pl Hlatorlan Interfaces for OPS SQL Pocket OPS Software for Pocket PC Onaon 24. Onaon 47. Onaon 84. ODtlon Reaort Grouna/Publlahlna OPS SQL Set-uD On-Sita Services Planning On-Sita Services Startup and Training On-Site Services Follow-up vlalta Total * Plus travel and related expenses. Optional Services $21000 $1.200 $1,000 $3800 $500 $2000 $2000 $280 $3.000 *$2,200 . *$5,500 *$2,200 $44,450 Data Migration Services Including 4 days on4118 *$5,940 Transfer of existing FMT data to the OPS database and Pl Historian. A custom program will be written to extract data from the FMT SQL database and write the data to the OPS SQL and Pl Historian Database. This includes assistance to cross reference FMT points to OPS variables and Pl Historian points. This may not take a total of four (4) days depending on UE assistance to cross reference points; if less days are required the price will be deducted accordingly. Addltlonal or Ad-hoc Support Engineer Onsite -*$1, 100/day Engineer In-house -*$90/hr These prices will be firm until January 1, 2005 * Plus travel and related expenses. Additional Information One year (from acceptance) of TechSupport is included in the above prices . Additional years of support are $5000. Updates are included with TechSupport. Additional Services OPS Systems Engineer Onsite -*$1, 100/day OPS SYSTEMS, INC 4 4020 Peggy Rd SE, Suite K • Rio Rancho NM 87124 • (800) OPS-0087 • (505) 1194-3574 • 1alelOoPAYa.cam t .. .. • Engineer In-house -*$90/hr These prices will be firm until January 1, 2005 *Plus travel and related expenses. PODS Contract, Change Management o . All change orders must be pre-approved by Littleton/Englewood . Request for change orders shall contain the following: 1. Reason for request 2. State of wor1< (to be performed) 3. Finn estimate of costs Change Order acceptance will require a Littleton/Englewood Staff two person sign-off with one required signature being that of the Littleton/Englewood PODS Project Manager (Cindy Goodbum or as assigned in writing.) OPS Systems agrees to fix person-day (one individual, eight hours) costs to: $1,100.00 Beginning on payment 1 date of this contract and extending for one year. The person- day cost does not include reasonable and customary expenses (travel, lodging, food and supplies.) Acceptance Criteria Operation, Error free for 30 days. Performance of existing machines does not influence acceptance. Production issues unrelated to the data points specified would not influence the acceptance. Field wiring or machine modifications will not influence acceptance. Final acceptance will occur when the system has been implemented successfully in a production environment for thirty (30) days and producing the previously stated reports Project is considered complete when the items listed in the acceptance criteria have been met and signed off by representatives of both companies. There will be a sign off sheet presented after the system has been running for thirty (30) days Payment Schedule 3 Payments Payment 1 Due upon installation of vendor software at Littleton/Englewood WWTP Payment 1 Amount Cost of Software Only detailed by line item from the software section of this quote. Payment 2 Due upon initial installation, configuration and in-house training Payment 2 Half of installation, configuration and training . $6,450.00 plus documented expenses. OPS SYSTEMS, INC S 4020 Peggy Rd SE, Suite K • Rio Rancho NM 87124 • (800) OPS-0087 • (!505) 9114-3574 • saiNCoPHYI-IXIITI ' • • Payment 3 Due upon final acceptance Payment 3 Remaining half of installation, configuration and training. $6,450.00 plus documented expenses. Littleton/Englewood Deliverables SCADA/LIMS Point cross reference to include names, source names, FMT names Naming Convention Standards for PODS ProJ!,ct Data Flow Map of PODS Data (Begin May 14'") Network Topology PODS Hardware list including detail description (CPU, memory, type, model, etc.) In-house training requests. Timely access to system passwords and rights. MS SQL 2000 database server installed and configured. OPS SYSTEMS John Domer OPS SYSTEMS, INC 6 ~20 Peggy Rd SE . Suite K • Rio Rancho NM 87124 • (800) OPS-0087 • (505) 884-31574 • 1ll110apuya.com (J. COUNCIL COMMUNICATION Date July 21, 2003 INmATEDBY Agenda Item 11 ai Director of Finance and Administrative Services City Clerk's Office Subject Charter Question for November 4, 2003 Election Regarding Legal Publications STAFF SOURCE Frank Gryglewicz, Director of Finance and Administrative Services loucrishia A. Ellis, City Clerk COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council reviewed this proposed amendment to the Charter at their May 19, 2003 Study Session . RECOMMENDED ACTION The Department of Finance and Administrative Services seeks Council approval of a bill for an ordinance submitting to a vote of the registered electors of the City of Englewood, at the next scheduled General Municipal Election, November 4, 2003, a proposed amendment to Section 40 of the City of Englewood Home Rule Charter. The amendment would amend the Charter to allow the City to publish ordinances by reference or in full as Council may determine. Proposed amendment: Home Rule Charter ARTICLE V . ORDINANCES 40 : Procedure of passage . An ordinance may be introduced as a bill at any regular meeting by any member of the Council, or by petition of the people as provided by this Charter. U pon introduction, the bill, eueer,t fer aA er8iAaAee MaltiA8 a seAearal ee8WiealieA ef er8i11at1ee er er9iAanees afje11tiRB S1aR8ar8 ee&es, shall he rea& a fi,st lirRe iA NII aA8 W)a.Q he oobliWlcd by cctec@OEC PC io full as Cooocil PMY deterrpjge Council may set a day and hour at which Council, or a committee of Council, shall hold a pub'': hearing thereon. A bill, before its final passage, shall be presented at one additional meeting of the Council, which meeting must be held no earlier than seven days after publication of the bill for an ordinance iR its fiAal aMeRllell fefffl , except in case of emergency as herein provided. After final passage, every ordinance shall again be published by reference or in full as Council may determine. Any publication by reference shall contain a summary of the subject matter of the ordinance and a notice that copies of the ordinance are available at the office of the City Clerk. FINANCIAL IMPACT During the last five years my budget for legal publications has fluctuated between $36,000.00 and $70,000.00. If this proposed ballot q~1estion is approved, under Council's direction, we could possibly realize a significant savings . LIST OF ATTACHMENTS Memo to Frank Gryglewicz, Director of Finance and Administrative Services, dated March 4, 2003 Proposed bill for an ordinance t .:.. ,• • • MEMORANDUM TO: FROM: DATE : SUBJECT: Frank Gryglewicz, Director of Finance and Administrative Services Loucrishia Ellis, City Clerk March 4, 2003 Proposed Charter Change -Legal Publlcatlon1 Due to budget constraints, I am submitting for your consideration, a proposed Charter Change to amend the Englewood Home Rule Charter Article V § 40. Currendy, the Charter requires that all council bills be published in full on first reading and by title (or in full, as Council may determine) on final reading . Each time the council bill is amended, substantively, it must be published, again, in lull. Rates are set by State Statute, however, legal publication costs are, I believe, subs1antial. 1998 1999 2000 2001 2002 Legal publication expe nses $48,no.06 $45171.23 $70836.42 $35795.92 940.08 I conducted a survey of a few cities in the metro area, with the following results: City L-1· Publlcatlon Proc:edurn Brighton u Same as Enalewood. Broomfield Same as Englewood with the additional requirement that "publication of any ordinance by reference or by title as provided herein must set forth in full any penalty clause contained in said ordinance." Greeley Basically, the same as Englewood. (They "often format lengthy ordinances by having the bulk of the text be an ·exhibit" to the ordinance and they don't have to publish exhibits. then most of their ordinances tum out to be a single page for publication purposes; citizens get a summary of the ordinance in the publication and they meet their Charter requirements and save money.)" Lakewood Same as Englewood. They are •considering using their website as the new media of choice and eliminating the cost of newspaper publication entirely." , Littleton Same as Enalewood. Parker .. They only publish after the ordinance is passed on final and it is published by title only. Their publication indicates that "The full text of the ordinance is available for public inspection and acquisition in the office of the Town Clerk 20120 East Mainstreet, Parker, Colorado." Westminster They publish by title and purpose before second reading can be considered. (Purpose means they publish a summary.) Ordinances are published in full after second readina . Thornton "The full text of each ordinance after passage on first reading and before second reading and final passage, and after second reading and final passage, shall be posted In six (6) public places in the City as such places are designated by resolution of Council. The tide of each ordinance and a statement that the ordinance is on file in the City Clerk's office for public inspection shall be published in a newspaper legally qualified for City publications as provided in this Charter aftef llr9t passage and before second passage and again after second and final passaae." ' ... ... . . ; . • • Over the last few years the possibility of amending publication requirements has been a topic of discussion among City Clerks, as our wortd has changed dramatically in the way we access Information. With the advent of the electronic age, information availability has dramatically increased . Currently, the City's website provides a copy of City Council meeting agendas and the approved Council minutes. We have a list of interested parties who receive every Council agenda and set of approved minutes . I would like to suggest we propose a ballot question that would amend the Charter to allow Ille City to publlah ordinances In full, or by title with a summary, on first Nading. We anticipate some rather large ordinances coming before Council, in the near future. The Colorado Publication Statutes restricts publication rates. Basically, an 8 ~ by 11 inch, full paga of text, wlH coat In the neighborhood of $100.00. tt someone would like a copy of a specific ordinance, it would be cheaper to mall them a hard copy, e-mail or fax it to them . In researching the possibility of providing copies of the council bills on our website, I have determined that, at this time, it would not work . The sh881' size of some of the documents would be an isaue, especially some of the maps and many of our attachments come from outside sources. it would take a lot of time and labor to make this happen, so at this time I think it would be counter-productive . I am unaware of anything in State Statutes that would prohibit us from making this change. Colorado Statutes require municipalities to give public notice conceming certain municipal activities by newspaper publication. State Statute§ 31-16-105 states •any municipality may determine at a regular or special election to meet t,he requirements of this section and section 31-16-106 by publishing ordinances by title only rather than by publishing the ordinance in full. No municipality shall call a special election for the sole purpose of determining the issue of whether the municipality should publish new ordinances in full or by title only." Please let me know if you have any questions or if you would like additional information. cc : Gary Sears , Cit}• Manager Oap Brotzman, City Attomey Mike Flaherty, Assistant City Manager Nancy Reid, Assistant City Attomey Bob Simpson, Director of Community Development ' • • 0 ORDINANCE NO . SERJES OF 2003 ·• • • BY AUTHORJTY AIIILLl'OR 0 COUNCIL au; . • INTRODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE SUBMJlTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE V, SECTION 40, OF THE ENGLEWOOD HOME RULE CHARTER . WHEREAS , the legal publication expenses required by the Chaner are a substantial yearly expenditure; and WHEREAS, ongoing improvements in the City's electronic communication will make communication of ordinances more available to the citizens of Englewood; and WHEREAS, on first reading, the publication may be in full or by title with a summary . NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO THAT : Section 1. There is hereby submined to the registered electors of the City of Englewood at the next scheduled municipal election on November 4, 2003, a proposed amendment to the Chaner of the City of Englewood, Article V, Section 40, to read as follows : Question No . __ Shall the Home Rule Chaner of the City of Englewood, Article V, Section 40, be amended to read as follows : 40 : Procedure of passage . ARTICLE V ORDINANCES An ordinanc e may be introduced as a bill at any regular meeting by any member of the Cou nci l, or by petition of the people as provided by this Chaner. Upon introduction, the bill e11ee111 fer an erllinanee malting a genel'III eellilteatiBR efeNlit-ee er eNlinM11a 1M1e11lillg sta 11ilartl eetles . shall he rea4 a ltf!lt ti111e i11 nill anti shall be; publjshgi by rgfer;nce gr jg fuH as Cguncjl may stess;nnjns: Council may set a day and hour at which Council, or a committee of Council , shall hold a public hearing thereon . A bill, before its final passage, shall be presented at one additional meeting of the Council, which meeting must be held no earlier than seven days after publication of the bill for an ordinance iii ill ltMI _,IMlell NPIII, except in case of emergency as herei n provided . After final passage , every ordinance shall again be published by reference or in full as Council may determine . Any publication by reference shal l contain a summary of the subject maneroftbe ordinance and a notice th at co pies of the ordinance are available at the office of the City Clerk. ' t • t t • • Yes No ~. Each elector voting at said election and desirous 'ofvoting shall indicate his/her choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used . ~. The proper officials of the City of Englewood shall give notice of said next scheduled municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law . Section 4, Only if the question is approved by the registered electors of the City of Englewood shall the Section be amended and the Charter, u amended, certified to the Secretary of State . Sectjon S. For purposes of Section 1-11-203 .S, C.R.S ., this Ordinance shall serve to set the title and content of the ballot issue set forth herein and the ballot title for such question shall be the text of the question itself. Any petition to contest the form or content of the ballot title may be filed with the District Court and a copy served on the City Clerk within five days after the title of the ballot question is set by the City Council on final reading of this Ordinance. Section 6. If any section, paragraph, clause, or other portion of this Ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portions of this Ordinance. Atte st Introduced, read in full, and passed on first reading on the 21• day of July, 2003 . Published as a Bill for an Ordinance on the 25 111 day of July, 2003 . Beverly J. Bradshaw, Mayor Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Enalewood, 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 21 • day of July , 2003 . Loucrishia A. Ellis ' .. • • COUNCL COMMUNICATION Date July 21, 2003 Initiated By Apnda Item 11 a Ii nt of Finance and Administrative Set'vlces Frank G COUNCL GOAL AND PIMOUS COUNCIL ACIION 5ubfect A biD for an ordinance submitting to the registered electors a proposed Charter question to eliminate outdated language In Artlde X. Part Ill, Section 109 of Charter of the of ood. Director The Council has discussed this Issue at study sessions held on May 12 and May 19, 2003. Staff was directed to proceed with submitting this question to the voters. RECOMMENDED AcnON Staff recommends Council approve the attached bil for an ordinance placing this luue on the November 4, 2003 balot. and having the registered voters vote to approve or clsapprove of the Charter change. If this proposal passes, It will dean up outdated language In the City Charla,. IACl<CiROUND, ANALYSIS, AND AllBNATIVES IDEN11Flm Article X. Part Ill, Section 109 of the Charter addresses the maintenance of the Surplus and Deficiency Fund. This was created to add security to bondholders when the 0ty had numerous special districts with debt outstanding. The Surplus and Deficiency Fund Is not needed anymore since there Is only one special district with bonded debt outstanding at this time, Paving Dls1rtc:t 38 (PO 38). PO 38 has a total of $178,000.00 In bonds outstanding and $224,645.05 In assessments receivable. The difference between assessments receivable and bonds outstanding Is a significant cushion of $46,645.05 or 26.2 percent. The funds currently in the Surplus and Deficiency Fund will not be required to pay this remaining obllption so it makes sense to delete Article X. Part Ill, Section 109 of the City Charter. FINANCAL IMPACT This action will not have a direct financial Impact on the City of Englewood. UST Of ATTACHMENlS Copy of Section 109 of the City Charter Proposed bill for an ordinance ARTICLE X (Finance Administration) PART m (Bonded indebtedness) SECTION 109 (Special or local improvement district bondl; gmeral benefits; special fund. As currently written: lGet Special • looal lmprov tmm& cllaRla& ........ ...,.i ............ flllld. Tba Special Surplua 1111d I>efteieq Fund, wbicb bu bwa cz.ced 111d ia pnNDtly meinrained • . edctidmll NCUrity &r the ~ al principal 111d iml8'9IC al outatancH.,. baade al the City Ir Special ~ Dla&:ricca, abaD CG11CiDue ta be meintolined ill the propartim tba& tbe IIIIOWlt ~ depam in the Special Pund u al tbe .r.c:tm due aftbia Cbartar Amendment been to tbe tDCal U11011DC al baade prwntly o,uaa,ncff,,_ l,r luch Special lmprc,,wmmt Diecricta of tbe City. AAy IIDOIIDC DOC reqmncl to be meinmned ill tbe Special l'und, aball be trana&rnd ta tbe Gemnl l'UDd ar ta ID7 -. fbnd al tbe c~ u ma, be dmrminad bf the City Comidl. (Ameded 11-6-1973) ORDINANCE NO . SERIES OF 2003 ... • BY AUTHORITY 1111.LPOI. 0 at.lfO.H INTllODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE SUBMITl1NO TO A VOTE OP 1llE REGISTERBD ELBCTORS OP Tim Cl1Y OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED REPEAL OP ARTICLE X (FINANCE ADMINISTRATION), PART m (BONDED INDEBTEDNESS), SECTION 109 (SPECIAL OR LOCAL IMPROVEMENT DISTRICT BONDS; OENERAL BENEFITS; SPECIAL FUND), OP THE ENGLEWOOD I HOME RULE CHARTER. WHEREAS, the Surplus and Deficiency fund was created to add security for bondholders of the City's numerous special districts which bad outstanding debt; and WHEREAS, the City currently has only one special district so the excess money in the Fund is no long required and should revert to the General Fund NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO THAT : Section I . There is hereby submitted to the registered electors of the City of Englewood at the next scheduled municipal election on November 4, 2003, a proposed amendment to the Charter of the City of Englewood, which would repeal the current language of Article X, Part m, Section 109, in its entirety. replacing it with the following : Question No. __ Shall the Home Rule Charter of the City of Englewood, be amended to repeal Article X, Part III, Section 109, as follows : ARTICLE X. FINANCE ADMINISTRATION PART m. BONDED INDEBTEDNESS 199 : Spee ial er leeel i1RpreYe1&1111l disll'iel head&; g1111M81 h11111fi1e11111eeial NIMI . The Speeial &111111• 111111 E>efiei1111e) FIIINI; ,. hieh MIi he• -•••• 1811 i1 pwti) 1Raitllllined 88 IMldiliellai seewil) re, lhe ~ ef p1itl1ipal 1811 iallllll ef e111111Mdifts be11ds eflhe Gil) re, Speeial IIRpreYillllatl 9iall'ill&, IIIMII eeali11111 18 111 ms 11i111d ill the prepertie11 lhel llie 1111e11111 ea depellil ill lhe Sp11ial FIIIIII • ef .. 1Aeeli·.1 llale ef lliis ehllrter Affleadrlleal hww 18 llie 18lll 1111a11111 ef11eN1 ,.•1811) a11111111•i111 fer 1111h Speeial 1Mpre·1em1111 Qillll'iele ef Ille Gil)'. A.y 1111alllll 11BI fBIIIB'N 18111 · llilld ill Ille Speeial F1111d, llhall l111rWf'errall 18 Ille Ge...& Fllll4 er 18 •'Y alll• Nllll ef .. City , 88 1118'Y he determined hy lhe Gil) Celllleil. Yes No ' .. .. • • Section 2. Each elector voting at said election and desirous of voting shall indicate his/her choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used. Section 3. The proper officials of the City of Englewood shall give notice of said next scheduled municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Section 4, Only if the question is approved by the registered electors of the City of Englewood shall the Section be amended and the Charter, as amended, certified to the Secretary of State. Section S, For purposes of Section 1-11-203 .5, C.R.S ., this Ordinance shall serve to set the tide and content of the ballot iuue set forth herein and the ballot tide for such question shall be the text of the question itself. Any petition to contest the form or content of the ballot tide may be filed with the District Court and a copy served on the City Clerk within five days after the tide of the ballot question is set by the City Council on final reading of this Ordinance. Section 6. If any section, paragraph. clause, or other portion of this Ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portions of this Ordinance. Attest: Introduced, read in full, and passed on first reading on the 21st day of July, 2003. Published as a Bill for an Ordinance on the 2s6 day of July, 2003. Beverly J . Bradshaw, Mayor 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 Bill for an Ordinance, introduced, read in full, and passed on first reading on the 21• day ofJuly, 2003 .. Loucrilhia A. Ellis .. ' .. •. • • -- COUNCIL COMMUNICATION Date: Agenda Item: Subject: Ballot Question for November 4, July 21, 2003 11 a iii 2003 Election regarding an Occupational Privilege Tax Initiated By: Staff Source: City Manager's Office Michael Flaherty, Assistant City Manager COUNCIL GOAL AND PRMOUS COUNCIL ACTION The subject of the proposed occupational privilege tax has been discussed at numerous study sessions over the past several months and comments have been received at two public forums. RECOMMENDED ACTION Staff seeks Council's support for a bill for an ordinance placing a tax initiative on the November 4, 2003 ballot to let the voters decide whether to implement an occupational privilege tax. The tax would levy a tax on employers and employees in the City of Englewood. BACKGROUND, ANALYSIS, AND ALllRNATIVES IDENTIRED Since 2001, the City's annual sales tax revenues have declined by nearly $5 million. The City has enacted many cost-saving measures in response to falling revenues, induding implementing a hiring freeze, reducing employee leave expenses, and delaying numerous capital projects and equipment purchases. However, if revenues continue to fall as projected, a $3.5 million dollar reduction wiU be required to balance the 2004 budget The City's Budget Review Committee has researched possible options and considered several alternatiyes and cost-saving measures. The Committee presented _the occupational privilege tax proposal as a way to help diversify and stabilize Englewood's tax base. The occupational privilege tax would also allow the City to collect taxes from non-residents and businesses that use City services, but who may not have previously helped pay for these services. FINANCIAL IMPACT There is no financial impact associated with placing the proposed tax initiative on the ballot If it is placed on the ballot and approved by voters, the City would receive an estimated $2 .6 miUion annually from the occupational privilege tax. LIST OF ATTACHMENTS Proposed Bill for an Ordinance • • - ORDINANCE NO._._ SERIES OF 2003 ·• • • BY AUTHORITY BD.l.POa 0 OOUMc:ILIU.m.• INTRODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE SUBMI1TING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT THE NEXT SCHEDULED MUNICIPAL ELECTION THE LEVYING OF A FIVE-DOLLAR-PEil-MONTH OCCUPATIONAL PRIVILEGE TAX ON BOTH THE EMPLOYEE AND THE EMPLOYER OF ALL EMPLOYEES IN THE CITY OF ENGLEWOOD( WHEREAS, because of the stressed budget condition of the City of Englewood, the City is looking to raise more funds for operating expenses of the City; and WHEREAS, by levying a five-dollar-per-month occupational privilege tax on both the employee and the employer of those doing business or working in Englewood, additional funds could be raised to offset the cost of services provided by the City; and WHEREAS, the funds raised from this tax increase will be used for City facilities and equipment. NOW, THEREFORE, BE lT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT Section 1. There is hereby submitted to the registered electors of the City of Englewood at the next scheduled municipal election on November 4, 2003, a proposed levy of an occupational privilege tax of Five Dollars (SS.00) per month on both the employees and the employers within the City of Englewood, Colorado, to read as follows: Question No . __ OCCUPATIONAL PRIVILEGE TAX Shall the City ofEnglewood's taxes be increased by Two Million, Eight Hundred Thousand Dollars ($2 ,800,000) annually , commencing January l, 1004, and by whatever amounts are raised annually by levying a five-dollar-per-month Occupational Privilege Tax on both the employe e and the employer for all employees in the City of Englewood, said tax to be collected, retained, and spent as a voter-approved revenue change and as an exception to the limits which would otherwise apply under Article X, Section 20, of the Colorado Constitution for the purpose of planning , designing, and constructing the replacement, expansion, acquisition, installation, repair or improvement of City facilities and equipment Yes No t .. .. • • Section 2. Each elector voting at said election and desirous ofvoting shall indicate his/her choice by depressing the appropriate counter or the voting machine or by the appropriate marking upon paper ballots where used. Sectjon 3. The proper officials of the City of Englewood shall give DOtice of said next scheduled municipal election, such notice shall be publiahed in the IDIDDa' and for the length or time required by law, and the ballots cast at such election shall be canvaaed and the result ascertained, determined, and certified as required by law. Section 4. Only if the question is approved by the regiltcred electon or the City or Englewood shall the Section be amended and the Charter, as amended, certified to the Secretary of State. Section 5. For purpoaa of Section 1-11-203 .S, C.R.S., this Ordinmce shall a«ve to aet the title and content or the ballot issue set forth herein and the ballot title for such question shall be the tmt or the question itself. Any petition to contest the i>rm or content of the ballot tide may be filed with the District Court and a copy aerved oo the City Clerk within five days after the tide or the ballot question is set by the City Council on final reading of this Ordinance. Section 6. If any aection, paragnpb, clause, or other portion of this Ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenfon:eabilit shall not affect any of the remaining portions oftbia Ordinance. Attest: Introduced, read in full, and passed on tint reading on the 211tday of July, 2003. Published as a Bill for an Ordinance on the 25th day of July, 2003. Beverly J. Bndshaw, Mayor Loucrishia A. Ellis, City Clerk COUNCL COMMUNICATION Date: Agenda Item: subject: July 21, 2003 11 a iv Ballot Question for November 4, 2003 Election regarding a Charter change relative to the collective bargaining impasse process. Initiated By: Staff Source: City Attorney's Office Dan Brotzman, City Attorney COUNCL GOAL AND PR~OUS COUNCL ACTION The subject of a ballot question pertaining to the impasse process has been discussed several times over the past few months, most recently at the City Council Study Sessions on June 2, June 9, June 16, June 23, and July 7. RECOMMENDED ACTION Council has directed staff to draft a bill for an ordinance placing a question on the November 4, 2003 ballot amending the City Charter to allow voters to decide the outcome of an impasse between the Oty and its employee unions. BACKGROUND, ANALYSIS, AND ALTERNATMS IDENTIRED Currently, when the City and a certified collective baf'l!iaining unit (employee organization) are unable to reach agreement during negotiations, the impasse Is decided by an arbitrator. This ballot question proposes to put the decision in the hands of the voters. FINANCIAL IMPACT There is no financial impact associated with placing the proposed question on the ballot LIST OF ATTACHMENTS Proposed Bill for an Ordinance BY AUTHORITY ORDINANCE NO. SERIES OF 2003 -..m. BILLMO. 33 INTRODUCED BY COUNCIL MEMBER ------A911Ll'OR AN ORDINANCE SUBMI1TING TO A VOTE OF THE RBOISTERED BLBCTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A • PROPOSED AMENDMENT TO All11CLB XV SECTION 137, PAllT 6, OP 11tB ENGLEWOOD HOME RULE CHARTER. WHEREAS, impasse occurs when the City and a certified collective bargaining unit (employee organi7Jltion) are unable to reach agreement on all the subjects which are mandatory in a collective bargaining; and WHEREAS, the Englewood Home Rule Charter currently delegates to an arbitrator the decision as to whether the final offer of the City or the final offer of the certified employee organi7Jltion on the total package of mandatory subjects; and WHEREAS, the final resolution of an impasse in any negotiations regardina mandatory subjects of a collective bargaining should be determined by the citizens of Englewood; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO THAT: Section 1, There is hereby submitted to die registered elec!on of the City of f!nalcwood at the next scheduled municipal election on November 4, 2003, a proposed ameochnent to the Charter of the City of Englewood, which would repeal the current language of Article XV, Section 137, Part 6, in its entirety replacing it with the following: Question No. __ Shall the Home Rule Charter of the City of Englewood, Article XV, Section 137:6, be amended to read as follows: ARTICLE XV. ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT ·· 1981 137 :6 Impasse resolution. (a) Impasse. In the event the parties are unable to reach agreement on all mandatory subjects to be contained in the collective barpinina apeement on or before July I of the year in which the parties have met and barpined over tbele subjocts, impasse shall be declared . Each party shall submit to the City C1ert a mtcmmt, which contains that party's final offer reprdina any mwlltory ecooomic IUbjoct upon which the parties are at impasse . Tbe statement shall be submitted by each party no later than 5:00 p.m. on July 1. If July 1 falla on a Saturday or Sunday the period is shortened to and ends on the prior buaima day wbicb ii not a Saturday, Sunday or legal holiday . • • (b) The final off en would then go to a vote of the people at the next scheduled general municipal election or general state election, which shall be no later than the Tuesday next after the first Monday in November following the impasse. ( c) Fees and Expenses of Election. One-half of the necessary fees and necessary expenses of the election ( excluding all fees and expenses incurred by either party in the preparation or presentation of its case) shall be borne by the City and one- half shall be borne by the employee organiz.ation. (d) Each party shall be responsible for its own costs and fees in connection with any appeal to the District Court. Yes No Section 2. Each elector voting at said election and desirous of voting shall indicate his/her choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used. Section 3. The proper officials of the City of Englewood shall give notice of said next scheduled municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots case at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Section 4. Only if the question is approved by the registered electon of the City of Englewood shall the Section be amended and the Charter, as amended, certified to the Secretary of State. . Section S. For purposes of Section l-l l-203.S, C .R.S., this Ordinance shall serve to set the title and content of the ballot issue set forth herein and the ballot title for such question shall be the text of the question itself. Any petition to contest the form or content of the ballot title may be filed with the District Court and a copy served on the City Clerk within five days after the title of the ballot question is set by the City Council on final reading of this Ordinance. Section 6. If any section, paragraph, clause, or other portion of this Ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portions of this Ordinance. Introduced, read in full, and pas~ on first readi~g on the 21 11 day of July, 2003 . Published as a Bill for an Ordinance on the 2S111 day of July, 2003. ATTEST: Beverly J . Bradshaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City ofEna)ewood, Coiorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed OD first reading OD the __ day of 2003. Loucrishia A. Ellis COUNCIL COMMUNICATION Date: Agenda Item: Subject: Purchase of Herbertson Property July 21, 2003 11 a V Initiated By: Staff Source: Public Works Department Rick Kahm, Capital Projects Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council authorized the lease of the Herbertson Property in 1969 to facilitate the construction of the Servicenter. RECOMMENDED ACTION Staff recommends that City Council adopt an ordinance approving the purchase of the Herbertson Property for $1,265,000.00. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In 1969, the City executed a lease with the Herbertsons for approximately 17.8 acres at 2800 S. Platte River Drive. The term of the lease was 35 years at $6,000 per year with a renewal provision allowing the City to renew for an additional 35 years at the same $6,000 per year. The renewal date Is April 1, 2004. The Englewood Servlcenter, the Littleton/Englewood Wastewater Treatment Plant Administration Buildin& and the primary clarifiers are located on the leased property. About one-half of the property is encumbered by each facility. The lease contains a term that all of the Improvements built and located on the site become the property of the Herbertsons upon termination of the lease In 2039. Other terms contained in the lease regarding the use and sub-lease of the property to the Bi-City Plant may be unfavorable in the long run . Englewood staff reviewed the lease terms and contacted the Herbertsons In early 2003. Staff proposed to the Herbertsons the potential of the City purchasing the property instead of renewing the existing lease. An MAI appraisal, dated April 28, 2003, by the City selected appraisal firm Metropolitan Appraisals, Inc. determined the fair market value of the land to be $2,300,000. Staff negotiated a p!lrchase price of $1,265,000. The potential purchase of the property was discussed and at the June 25, 2003 Bi-City Supervisory Committee meeting, both Englewood and Littleton representatives supported the effort to acquire the property. FINANCIAL IMPACT Funding for this purchase will come from the City of Englewood's General Fund balance. The City's General Fund will be reimbursed part or all of the acquisition costs by the Littleton/Englewood Wastewater Treatment Plant subsequent to negotiations between Englewood and the City of Littleton. UST OF ATIACHMENTS Proposed Bill for an Ordinance Contract to Buy .. • t • • '- ORDINANCE NO . SERIES OF 2003 BY AUTHORITY AIIILLPOR. OOONaL BILL NO. 50 , INTRODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE AUTHORIZING TIIB PURCHASE OF HERBEllTSON PROPERTY / BY TIIE CITY OF ENGLEWOOD, COLORADO . WHEREAS, in 1969 the City signed a 35 year lease for the Hcrbcrtson property located at 2800 South Platte River Drive with a renewal provision for an additional 35 years; and WHEREAS, the Englewood Scrviccntcr, the Littleton/Englewood Wastewater Treatment Plant Administration Building and the primary clarificn are located on the leased property; and WHEREAS, the 1969 lease contains a tcnn that all of the improvements build and located on the site become the property of the Hcrbcrtsons upon termination of the lease in 2039; and WHEREAS, the 1969 lease also contains terms regarding the use and sub-lease of · the property to the Bi-City Plant; and WHEREAS, the City contacted the Hcrbcrtsons in early 2003 and proposed the potential of the City purchuing the property instead of renewing the existing lease; and WHEREAS, the Hcrbcrtsons consented to sell the property to the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIIE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section l. The City Council of the City of Englewood, Colorado hereby authoriz.ca the purchase of the Hcrbcrtson property for $1,265,000. Sectjon 2. The City Manager or bis designec is hereby autbom.ed to sign on bcbalf of the City of Englewood, Colorado . Introduced, read in full, and passed on first reading on the 21" day of July, 2003._ -1- Published as a Bill for an Ordinance on the 25th day of July, 2003. ATTEST: Beverly J. Bradshaw, Mayor Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 21st day of July, 2003. Loucrishia A. Ellis -2- , I ~ I I ii " ! I 5 i · I t- ! I i l i l • II i • I 1 I a ~ I ~~~--~~~~~~~o~-~~~•wN-,, ~"~;=jiSFF~~~~~t~t~~,~ -~-~*----~ ~ -~-f Jflf['lilffillfl !~i i 1rrr'1Jlr1•1J 1Jtii~i . 1r 1lr1IJ , •. ; JI J1 H I i~~~i~~~(~[!'fJ~iii~!! 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JO.., .. t .... ... -.~cmrMCr1'0alW .. au.a&a.U(IIACA!ff~·•Aal-~flptll ' •· • . • • g i:I .. 11•h ~Jlifb O • ,. if• ls . fl} 'fl l;r}l .fJ t It • • · f' t ··1 . • lt1·11I :i,f I ,h}-llr;•rl•itf 111 .. a ••fl!! 1 •111 1il1 1 f M Ht 1'1 ''1'1 f jl! lh,J .ll''t' 'fJr · , 1 IL'' 11r1 ,1 1, 11 ,1 if (JI jlti~ fhtD ili;h,il! (>,Ii• fj ... , j t~IJI'(~ f 1 !1 'I bl! llh 1! 1 ilt1'i~ 11 11 1 ·•ff =•t1" ,, •,~. ,I! Hut U11 htli U hfla, s,1"1!H U ' 't!~l1I· ft s,!~•11; ~ 11· ~,, I t•' ~1 '' ;r :11 I II !I. .. • COUNCIL COMMUNICATION Date Agenda Item Subject 0 (J July 21, 2003 11 a vi Ordinance for Sewer Rate Increase INITIATED BY STAFF SOURCE Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The last sewer rate increase was implemented January 1, 1999. The last rate increase before that was in 1982 by Council Bill #56. The proposed increase provides revenues to build facilities needed to meet Federal requirements and provide additional plant capacity. RECOMMENDED ACTION The Englewood Water and Sewer Board recommended, at their July 8, 2003 meeting, Council approval of the proposed ordinance. The increase in sewer services charges will be 1 5% January 1, 2004, 1 5% January 1, 2005, 15% January 1, 2006, 15% January 1, 2007 and 14% January 1, 2008. BACICGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Littleton/Englewood Wastewater Treatment Plant will require a major expansion of the existing facilities and construction of additional treatment processes. The proposed rate increase will pay for increased costs resulting from these requirements. The new construction is necessary to accommodate recent denitrification requirements imposed by the State Health Department Additionally, the South Platte River has recently been reclassified as a Recreational Class I river, which requires increased pathogen destruction. The plant expansion portion of the project is the result of rapid growth in the area served by the plant Growth has been nearly double the projections used in planning the last expansion. The project is currently being designed by Brown & Caldwell Consulting Engineers. It is estimated that the total cost of the project will be $110 million, of which Englewood will be responsible for 50%. Design should be completed by the first quarter of 2004, and at that time bids should be received for construction. Construction is expected to take about three years to complete. Administration fees paid by the Littleton/Englewood Wastewater Treatment Plant were reviewed by a consultant and it was determined that an increase was appropriate. The City of Englewood Finance Department therefore recommends an increase in the existing administration fees. The additional administration fees result in an increase of 14% in 2008 instead of an increase of 10% . ... ... • < • j • • FINANCIAL IMPACT In order to finance this construction, the finn of Black & Veatch was retained to analyze financing alternatives. Bond covenants require that the City of Englewood maintain a certain minimum debt ratio. In 2002 Englewood fell below the minimum requirement The rate increase presented should Insure that bond covenants are met through 2008 unless there are unanticipated shortfaffs in revenues or unanticipated expenses. The Sewer Fund increases are necessary to fund Englewood's share of the upgrade and expansion of the Bl- City Wastewater Treatment Plant Sewer rates were raised 20% January 1, 2003 and the last rate increase before that was in 1982. It was detennined that a bond Issue in the range of $55 to 60 million dollars would need to be issued. It is proposed that this issue be concurrent with the receipt of the bid. Sewer rates wil need to be Increased to pay the principal and interest on the new bonds. The proposed rate increases would be 15% January 1, 2004, 1 5% January 1, 2005, 1 5% January 1, 2006, 15% January 1, 2007 and 14% January 1, 2008 to meet coverage requirements of the bond issue. These results are presented in a memorandum attached to this council communication. UST OF ATTACHMENTS 1. Ordinance 2. Cash Aow A. Introduction Executive Summary WastBwatar Rate Study The City's wastewater operations are financially self-su11icim with funding fur capital and operating requiraneots dcriYed primarily from rates, tap m, and other miscellaneous sources. City staff bas projected a $57.8 million wmtewater capital i:qxowm:m pogram fur the 2003 tmougb 2008 period which includes the City's arc of the Phue 2 expansion of the Liltleton/Eoglewood wastewater treatmem plant and the purcbale of a new IT system. This study was authorized by the Cay to assure did an adequate leYCl of RMDJe from rates and fees is maintained to fimd the utility's daily operatiom, finance the proposed capital ~vemcnt program, satmy bond covenant requircmcms, and minimi2le the ~ on rates. This study includes the fullowing: • Review of City's 6-ycar fimmcial forecast. • Projection of2004-2008 revc:rus. B. Study Findings and Recommendatlona • A 20 pen:m wastewater rate increase was medcd in 2003 to COlllimle to Slblfy the CO'YCDllmS of the existing Joans. This incri1111i~ the llwnge single &mily quarterly bill by $4.02 from $19.92 to $23.94. • Additional rate increases are furccast fur 2004 tmougb 2008 to &au the propo!!Cd capital ilq,rovcmm program, fimd daily opcndions, Slblfy bond covenams, and maimain adequate reserves. These rate increases and the estimated efi:ct on the average single &mily quarterly bill are shown below. The timing and magnitude of these increases sooukl be m'iewed prior to iqw:,,o,..ion i>r updates in the capital ~vemcrt program. .. t .. ·~ • • lncrelle in To1al Single Overall Rate Single Family Family Quartaiy Year Adjmlmcm ' Quarterly BiD BiD 2004 IS% $3.S9 $27.53 2005 IS% $4.13 $31.66 2006 IS% $4.75 $36.41 '2007 IS% $5.46 $41.87 2008 10% $4.19 $46.06 • Figure 1-1 a,q,ares typical q)e imly qmrterly wastewater bill oftbe City widl co~ From Range CO!JIIDllities The bills are bwd on 8YCftF quartaty water usage of 21,000 gallon., chaing the wimer period. Quarterly bills under Englewood's existing and proposed 2004 wastewater rates are lower dim any oftbe cities shown. •.,;' \ ' Figure 1-1 Single Family Quarterly Sewer BIii BaHd on 21,000 Gallons .. . . . . $70.00 r----------------------------------------------, seo.oo Front Range Communities Single Famlly Quarterly Sewer BIiia ........... Qu ...... ... 2114 .-. .... ID II &DIii ... ..... l'B'ldlllll Diam 111111..a l.lldRn Longmont Wftbnln..,, 1.000 .. s s s s s s s s s s s 0 21 .71 ll.05 ).15 5.)7 1.74 29.07 16.02 IG.10 29.26 20.25 0 .00 I 21.'71 ll.05 5.11 7.02 3.14 29.07 16.02 12.69 29.26 22.35 2.14 2 21.71 25.0, 7.21 1.67 , ... 29.07 16.02 14.'8 29.26 24.45 5.61 ) 21.71 25.05 t.24 IG.32 L04 29.07 16.02 16.47 29.26 26.55 1.52 4 21.71 25.05 11.27 11.'7 11.14 29.07 16.02 11.36 29.26 2L6' 11.)6 ' 21 .71 25.05 IUO 1).62 12.24 29.07 16.02 20.25 29.26 )0.75 14.20 6 21 .71 25.05 15.l) 15.27 14.34 29.07 16.02 22.14 29.26 32.15 17.04 7 21 .71 ll.05 17.)6 ' 16.'2 16.44 29.07 16.02 24.03 29.26 34.95 19.11 • 21 .71 25.05 11.Jt IU7 11.54 29.07 16.02 25.92 29.26 37.05 22.72 9 21 .71 ll.05 21.42 20.22 20.64 29.07 17.5S 27.11 29.26 39.15 25.56 10 21 .71 2'-115 23 .4S 21.17 22.74 29.07 19.50 29.70 29.26 41.25 21.40 12 21 .71 25.115 17.51 lS.17 26.94 29.07 23.40 )3.41 29.26 4S.45 34.0I 1, 21 .71 15.05 n.a J0.12 3).24 36.00 29.25 39.15 29.26 '1.15 42.60 JI ll.'4 J1.5J tS.71 4U2 45.14 SIM 4U5 51.49 iu, M.35 59..64 25 21.47 )2.74 53.90 46.62 54.24 60.00 41.75 '8.05 29.26 72.75 71.00 JO 34.16 3'.21 64.05 507 64.74 72.00 51.50 67.,0 29.26 13.25 15.20 )5 39 .H 4UJ , 6).12 75.24 61.25 76.95 29.26 93.75 99.40 . ' 74.lO 14.00 -40 45.54 '2.31 14.)5 71.)7 15.74 96.00 71.00 16.40 29.26 104.25 113.60 ., ,..,,, Sl.'2 ....,. 19.62 96.24 IOI.OD 17.75 95.15 29.26 114.75 127.IO ,0 56.tl '5.47 104.65 17.17 106.74 120.00 97.,0 105.JO 29.26 125.2S 142.00 -. ... ORDINANCE NO. SERIES OF 2003 . ' 0 0 BY AUTHORITY roUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER~~~~~- ABJLLPOR t,.N ORDINANCE AMENDING TITLE 12, CHAPTER lA. SPCllON 4; TITLE 12, CHAPTER ID, SECTION 1; AND TITLE 12, CHAPTER 2, SECTION 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERT AININO TO nm WATER AND SEWER SBC110N, AND INCREASING SEWER RA TES . WHEREAS, the Littleton/Englewood Wastewater Treatment Plant will require a major expansion of the existing facilities and construction of additional treatment processes; which is the result of rapid growth in the area served by the plant; and WHEREAS, the proposed rate increase will pay for increased costs resulting from these requirements; and WHEREAS, administration fees paid by the Littleton/Englewood Wastewater Treatment Plant were reviewed by a consultant and it was determined that an increase was appropriate; and WHEREAS, the Englewood Water and Sewer Board recommended approval of the amendments to Title 12-IA-4, Title 12-ID-1, and Title 12-2-3 EMC pertaining to the Water and Sewer section at their July 8, 2003 meeting; WHEREAS, the Code section on water rates has been moved for clarification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The City Council of the City of Englewood, Colorado hereby amends Title 12, Chapter 1 A, Section 4, of the Englewood Municipal Code 2000, to read as follows: 12-IA-4: Meter Requirements. A. Owners of property with connections for residential use having taps one inch (I") in diameter or larger, or for commercial use of any kind regardless ofsize of taps or service, or for residential use on premises with wading pools or other containers, whether permanently installed or not , with a capacity of two thousand (2,000) pllona or more which are filled from City supply, will be required to install water meten. All owners of property having unmetered water service shall be required to inatall approved water meters within ninety (90) days after the sale or transfer oftbe property or change in prope.rty use from residential to commercial or industrial. Whe!lever a meter is to be installed, it shall be supplied by the City at the owner's COit. The Fates klF metered seFYiee shell l,e fi111d i,y -•l111i1a efllle City C1•1il1,..,i., .. hewe,•eF, that eee eill, filr all v.Blt!r 11sed, ee111pe11• efllle 111111 ef · · • .... r. t ... .. • • & wli......, -II•• •iftsl• flMMilllli•11 •Mfl8 far all , ,.._ ,11ed, IIIIIY he ieo1111d ill the feHewiat 111111 -1-:-IJAIIN .,..., 1111¥iN i11M• lhNllth a aalMinatiea ef...,., er lhNllth mete,a ea -. (:I) er 111-IWl'i• pip•, if......, IWl'iNII .,..._ _h ef-h 1111tef8 a IWl'i11 pip11 llhall ha lialir. _.. 1M -11 aa Ille 18111& p,aplll) heldiac ill the .......... er-,--,., ........... ....,... .... -... helllilts ef 1w1. IIMirJiliall ~,-Ii, ............ er a11.,.., .. Ill -, .... When the City dorms it to be in the best interest of the City and water comumen, the City may require any ac:beduled flat rate user to take his or her water tbroup I meter at the rates set by the City Council. Wbeacver I meter is to be used, it shall be supplied by the City . All meters for new accounts shall be supplied at the cost of the user. C. All lMterl installed shall be the same ai7.e u the 1i7.e of the service pipe, except in iDltaacea where premises have been vacated by a user that required a larger service pipe to supply its demands than that required by the new user. In such cases, the meter ai7.e may be reduced appropriately. D . All consumen' water meters shall be serviced and maintained by the City, and the coat thereof shall be paid by the City, except that in the case of malicious damage, the cost of the repair shall be paid by the owner of the meter. E. All meters shall be set or reset according to City standards in a proper watertipt and froatproof pit within the limits of a public street or alley or inside a buildina located on the property to be served. In every case the meter shall be located: 1. So as to allow free and nonhazardous acceu for reading, removal, inspection 111.d replacements. 2. When located inside a building, the meter shall be set so that the entire supply of water to the premises will be controlled by it at all times and sball have valves on both sides of the meter. 3. When the rules and regulations of the City require metering and more than one service line is in use on a flat rate buis, each such service must be metered and separately connected to the main concurrently with the meter inatallation at the customer's expense . • t .. f] (J Section 2. The City Council of the City of Englewood, Colorado hereby amends Title 12, Chapter ID, Section I, of the Englewood Municipal Code 2000, to read as follows: ARTICLE D. WATER USER RA TES AND CHARGES 12-ID-1~ Rates. t,.. Flat Rate A licensee on scheduled flat rate shall pay the full rate as shall be fixed by resolution of the City Council and in effect at the time, for all the uses and purposes for which water may be used under his/her license without respect to the quantity of water which shall be used. No deduction will be made from the rates on account of any fixture not being used . If fixtures have been installed that arc not wanted, a bonded plumber, upon obtaining a proper permit, may completely disconnect them from service pipes and waste pipes, whereupon, after inspection, the charge for their use will cease during the time they shall remain so disconnected. Jl . MeJered Rate The rates for mete,;ed senice shall he fixed bv resolution of the Citv Coupcil· prgyidgl howevec Jhat one bill, for all wats used composed of the sum of minimum charsea for each metFJ: used and a sins le aµaptitatixe charge for all waw use4 max J>e iuued in the followins eves- L Where water service is taken thrpush a cgmbipation of meteq or thrpygh mctm on two C2l or more SSYice Pim ifwats mss4 thrpugh sach of w P!GlP1 IP4 sqyjge RiPEI Wall ht; 4elixem4 and used pp dg MPJS mppgty hgJdipg ip the Prosecutiop ofooe sFPFAJ purpos or a siusle GPIFDZriK PP IP iptsggtgl hpldipg of land undivided bx nubJic streets, J9lds or allexs· IP4 2. For all Public schogJs even though the meteq mav he situats4 op IFRfDIF prppqtig Section 3. The City Council of the City of Englewood, Colorado hereby amends Title 12, Chapter 2, Section 3, of the Englewood Municipal Code 2000, to read as follows: 12-2-3 : Fees and Charges . A. Purpose . It is the purpose of this section to provide for the payment of all POTW costs, including costs of the City . The total annual cost of operation and maintenance shall include, but need not be limited to, labor, repairs, equipment replacement, maintenance, necessary modifications, power, sampling, laboratory testing and a reasonable contingency fund . The charges will be based upon the quality and quantity of user's wastewater, and also upon the capital and operating costs to intercept, treat, and dispose of wastewater. The applicable charges shall be as set forth herein. B. General . There is hereby levied and charged on each lot, parcel of land and premises served by or having sewer connection with the sanitary sewer of the City or otherwise discharging sanitary sewage, industrial wastes or other liquids, eithor directly or indirectly, into the City sanitary sewer system an annual service charge which shall be computed and payable as follows : ' ... .. • • -- - a . b. C. d . 1. 2. 3. The charge for sewage treatment shall be based on the gallonage of water delivered to the premises during the appropriate water meter reading period falling between November I and April 30. This gallonage converted to an annual equivalent and multiplied by the annual rate per one thousand (1,000) gallons provides the annual treatment charge. A charge for sewer collection system maintenance shall be established annually by action of the City Council where premises are served by the City collection system. Where the City does not own and maintain the collection system, the City will collect charges for maintenance of same only when authorized by the terms of contract between the City and the sanitation district. Where water usage information is not available, sewage service charges shall be computed using the current rate per one thousand (1,000) gallons and based on the following normal usage by class, as follows : 2Months 3 Months 12 Months Single-family dwellings 14 21 83 Multi-family dwelling units 9 13 .s2 Mobile home units ' s 8 S2 Commercial (by meter size/capacity) S/8 inch 19 29 116 3/4 inch 29 44 176 I inch 49 73 292 1 1/2 inches 97 146 S84 2 inches 1S6 234 936 3 inches 311 467 1,868 4 inches 487 730 2,920 6inches 973 1,460 S,840 Normal usage by class will be checked by tabulation and averaging at least every five (S) years to detect and adjust for changes in patterns of water usage . 4 . The minimum charge per year for sewage treatment service, by customer class, shall be a percentage of flat rate charge, this amount representing the fixed portion of operation and -m aintenance (O&M) costs. 5. Outside City customers w ill be charged ime hundred five percent (105%) of the amount charged inside City customers for similar service to compensate for additional infiltration from the longer interceptor lines . This factor has been included in the flat rate and minimum rate tables in subsection B8 below. 6 . Charges for service to customers inside the City limits shall be billed in quarter-annual installments in advance. Charges for sewer only service outside the City may, at the di scretion of the City, be billed annually where thia would not conflict with special provisions of a connector's agreement. All bills are due and payable IS of the billing date and become delinquent thirty (30) days after the billing date . t .• • • 7. User charges shall be reviewed annually and revised periodically to reflect actual treatment works O&M costs. 8. The following rates shall become effective January l, 2003 : Rate ille,we. 1.a Sewage Treatment Charge Collection System Charge Total : TABLE INSET: $1.0049 $0.1337 Sl.1386 SCHEDULEI SCHEDULE II SCHEDULEm c-a.. CirySewen Billed~ DilaictS.... Billed~ DillrictS.... Billed AmluaJly DillriccS.... Billed Quanerty Flaa Rate Min. Rate Min. Rate Mia . Rate Mia. In City In Ciry OUllide City OUllide Ciry Fial Fial Fial Sin&le Family Dwellin1 S23 .94 Multi Family Pw UnitS102 Sil.SO Mobile Home Per Uni1 S9. I 2 S21.78 $13 .08 Sl.28 121.12 Sil.II Sl.04 S19 .20 154.96 $7.)2 Sll.56 S49.92 SJ).14 SCHEDULE IV SI0.64 113.74 SJO.n Sl2.14 S12.41 Sl.46 120.16 $7.61 Commerica.l A lnduolrial (by -aize) 5/8" Sll.00 SJ0.06 $29.16 S26.52 $122.40 Slll.36 SJ0.60 $27.14 3/4" SS0.10 S45 .60 S44.22 S40.26 Sll5.76 S16U6 $46.44 142.24 1• $13 .10 S75 .60 S73.31 . S66.71 SJOl.16 Sll0.32 S77.04 S70.oi I 1/2" S166.20 1151.26 S146.70 1133.50 S616.32 "60.64 S154.0I 1140.16 2· 1266.40 1242.46 1235.14 1213 .96 1917.60 1191... 1246.90 1224.70 3• 1531 .'2 S413 .14 S469.32 S427.02 11,970.11 Sl,793 .76 1492.n 5441 .44 4• Slll.12 S756.36 S733.56 S667.56 SJ.OI0.11 $2,IOUI $770.22 S700.92 6" Sl,662.JO Sl.512.n 11,467.12 11.335.06 $6,162.00 15,607.36 11,540.50 11 ,401.14 8" 12,641.32 12,403 .60 12.324.34 12.115.12 19,791.70 11,910.42 12.447.11 12.227.62 10" $3 ,796.92 U,455 .22 SJ,341.34 SJ,040.56$14,075 .64112,IOI.IO SJ.SIi.ii SJ.202.26 Minimum charps both inaide tnd OUllide the Ciry an, ninety-one-(91%) 1111 nle chirp for the -dua iavolwd. 2. All fees and chws listed under this Sestiou 12 .. 2-3 shall be subiest to a cumulative increase for the next five veao <2003 to 20081 v foll2w1 = On January I 2004 the existins fen and charpe shall he inGJ'FWSJ bv the amgugg of 15% above the Jagyary 1 2003 fm apd c;harpg ' ... -· • • On Japyary 1 2005 the existips fees and chargg Rhall be inccraw1 by the amgypt of 15% ahoys the January t 2004 fm and chargg. On January 1 2006 the existins fm and chargp §ball be ipcreggl bv the amoypt of 15% above the Jaguary 1 2005 fees and charm - On Japuary 1 2007 the sxistins fees IP4 charm ahall he Msr:reerd bv the amgypt of 15% ahoys the JAPJWY I, 2006 fee md clw;se Op January 1 I 2008. the exjstjng feg and charm shall he jpgpwJ by the amoypt of 14% ahoys; Jhs Japuary I 2001 fees and chaJm Section 4. Title 12, Chapter 2, Section 3, Paragraph D, of the Englewood Municipal Code is hereby changed to read as follows: 2-2-3-D : If any water or wastes are discharged, or are proposed to be discharged to the public sewen, which waters contain the substances or possess the cbancteristica enumerated in subsection 12-2-2B above and, in the judgment of the City, may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a huard to life or constitute a public nuisance, the City shall also charge the following fees and take such enforcement action in accordance with Section 12-2-6 of this chapter as the City deems advisable. The City shall also require payment to cover the added coat surcharge of handling and treating the wastes considered 111 "industrial wastes" by imposing the following formula : SC Q x 8.34 [UCo (AOD) + UCs (SS 300)) SC 12 annual 1W'Charge in dollars and cen11 Q volume of sewage discharged to the public sewer in million gallons per year 8.34 conversion factor; I gallon of water to pounds UCo Unit Charged for AOD in doUara per pound ($0 0160) (i) If~ is less than 3.0, then AOD-(8005 -200 mg/I BODs (ii) "If~ is greater than 3.0, then AOD = (CO~SOO mg/I BODs AOD Additional Oxygen Demand strength index in milligrams per liter COD Chemical Oxygen Demand strength index in milligrams per liter BODs = S day Biochemical Oxygen Demand strength index in millip-ams per liter ' uc. Unit Charge for SS in dollan per pound ($0 .0389) ss Suspended Solids strength index in millilJIIDI per liter 200 nonnal BOl>5 strength in millipmm per liter 300 normal ss strength in milliarmm per liter soo normal COD strenath in millipams per licer • • .. The application of the above formula provides for a surcharge for BOD, COD and for SS . If the stmlgth index of BOD, COD or SS is less than the bue number that is being subtracted from it, then there shall be no surcharge for that particular category, nor shall there be a credit given to the total surcharge . Introduced, read in full, and puaed OD first reading OD the 21ST day of July, 2003. Published as a Bill for an Ordinance OD the 2Sth day of July, 2003. Beverly J. Bndabaw, Mayor ATTEST: Loucrishia A. Ellis, City Cleric I, Loucrishia A. Ellis, City Ciak of the City of F.nglcwood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, in1roduced, read in full, and puted OD first reading OD the 21st day of July, 2003 . Loucrisbia A. Ellis Date July 21, 2003 INfflATI:DBY Utilities Department COUNCIL COMMUNICATION Agenda Item Subject 11 Ci Resolution for Water Rate Increase STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNOL GOAL AND PREVIOUS COUNOL ACTION The last water rate increase was July 1, 1996. The proposed increase would provide revenues to finance capital improvements, fund daily operations, satisfy bond covenants and maintain adequate reserves. RECOMMENDED ACTION The Englewood Water and Sewer Board recommended, at their July 8, 2003 meetin& Council approval of the proposed resolution. The increase in water service charges will be 16% effective October 1, 2003 and an additional 6% effective January 1, 2005. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The proposed water rate increase is deemed necessary to cover increasing expenses due to inflation and capital improvements. Capital items indude additional deep wells for a stable water supply in drought conditions, a powdered activated carbon system to improve water quality, City Ditch piping an.d ditch improvements for providing an improved water supply on a year-round basis and an emergency generator for more frequently occurring power outages. The two 3-million gallon overhead storage tanks located at Clarkson and Belleview are 50 years old and resulting cracks and repairs are indicating these tanks are approaching the end of their projected service life. Major renovations to these tanks will be necessary in the near future. Funds are induded to repair these tanks, but not to replace them in the next five years. In addition, major mechanical equipment at the Allen Plant is 20 plus years old and may require replacement due to obsolescence. Administration fees paid by the Utilities Department were reviewed by a consultant and it was determined that an increase was appropriate. The City of Englewood Finance Department therefore recommends an increase in the Utilities' administration fees . The increased administration fees result in an increase of 16% in October 2003 instead of an increase of 8%. FINANCIAL IMPACT In order to finance these capital improvements and the administration fee increase, the firm of Black & Veatch was retained to analyze financing alternatives. It was determined that no additional bonding is required in the Water Fund, but increases are necessary to meet bond coverage requirements and adjust revenues fore inflation . It is proposed that a rate increase of 16% be made effective October 1, 2003 and another increase of 6% be made effective on January 1, 2005. These results are presented in a memorandum attached to this council communication. t .. • • Bond covenants require that the City of Englewood maintain a certain minimum debt ratio. In 2002 Englewood fell below the minimum requirement The rate increases presented are projected to Insure bond covenants are met until 2008 unless there are unexpected revenue shortfalls or unanticipated expenses. UST Of ATTACHMENTS Executive Summary -Water Rate Study , Resolution No. 40 (1996) establishing Fee Schedules for Water Service Proposed Resolution A. Introduction Executive Summary Water Ratlt Study The City's water operatiom are finm:ially self-sufficicrt with funding fur capital and operating n:quircm::nls derived primuily from rates,. tap fees, and other miaceUemous sourocs. City staffbas projected a $3. l million water capital iqxovement program i>r fi 2003 tlsougb 2008 period which includes repair and teplacemem of the distribution system. Tim study was authorized by the City to assure that an adequate level of ffMDIC from rates and fiees i., maintained to fund the utility's daily operations, finance the propollCd capilal improvemcm program, satisfy bond co'YCIIID ~ and minimize the iaqB:t on rates. 11m study includes the following: • Review of City's 6-year fimncial fi>m:ast. • Development of2003 rates. • Projection of2004-2008 revenues. B. Study Findings and Recommendations • An 8 percem water rate increase i., occdcd in October 2003 to COIDIUC to fund daily operatiom. 11m will increase the average single tiunily quarterly biD by $4.85 from $60.65 to $65.50. • An additional rate increase is forecast tor 2005 to finance the proposed capital ~vement program. fund daily operations, satisfy bond cowmd!, and m1imain adequate reserves. 11m rate increase ml the esrinl!lcd e&ct on the a-..aage single fiunily quarterly bill are shown below. The timing and ~ of amy iocreaes should be reviewed poor to ~lemcntation i>r updates in the capital improvcmcnt program .._ ...... /./ t • • Imeaaen TollllS-.lc O\'a'all Rate SqleFamily Family Quartaty Year Adjuatnl!llf Quartaty BiD BiD 2004 0% S0.00 S6S.SO 2005 6% $3.93 $69.43 2006 0% so.oo $69.43 2007 0% so.oo $69.43 2008 0% S0.00 $69.43 • rigurc 1-1 coq,mes typical single &mly quaterly Wider bills of die Cky will corq,arablc Front RAqe conmmiries The bills ~ baod Oil 8Wl'IF quaterly Wider usage of 34,700 gallons. Quarterly bills under F.npwoocl's exilling 11111 propoeed 2003 Wider rates are lower thm all hit one oftbe cities shown. ....... 1-l .. -- $120.00 $100.00 $80.00 Figure 1-1 Single Family Quarterly Water BIii Band on 34,700 Gallons (Exclude• Drought Surchargea) ff ,:~ 1-----------------...... ..,.,,---1~~- »; :~ ///, * % ~- ~ % % '.I'~· ... ~~ -~ ,6; //, % , Front Range Communities ,. \, .. • ' *""''*"*' • Single Famlly Quarterly W ..... BIiia (&cluda,,,_,,.,.....,,,...., l!111luoad Quarterly PlapONd 2tl03 .,._ .lllal. lllldDI n•-in1naw mm ... ..... ....... 11111111 1111111111 .......... LlllllaD Lm.......tB I . ..., 1,000 .I ' ' ' ' I ' 0.0 4.71 5.16 5.54 us , ... 24 .:16 2U2 t .27 t .17 JUI t .27 6.to 14.10 ,.o 12.IJ IJ.16 14.n 11.00 2UO JUI Jt.J7 17.17 21.JJ JJ .N 21 .JJ "·" JJ.15 10.0 20 .n 22 .55 24 .22 21 .JS JJ.JI 41.16 ,e.n 25.17 JJ.J7 ..... JJ.J7 ,2.20 JJ.60 15.0 21.tJ ll.24 JJ.56 Jl.70 45 .IO ..... iU7 JU7 45.42 55.20 45.42 44.15 46.35 20 .0 :16.N lt.t4 4UO "'·" 56.79 17.)6 7U2 41.17 57 .47 ,u, 57.47 S7.5' 61 .11 25.0 45 .0l 41 .63 JZ.2J St.40 61.41 71.11 14.n 41.n ... ,2 "·" . tt.52 79.15 75.15 34.7 6US 65.51 'IU5 .,, .. "·" ..... ... .,, ..... an .... an ... ,...., 50 .0 15 .21 '2.10 N .t2 IIJ.75 126.10 146.11 141 .52 tJ.71 U 7.tJ 141.2S IJUJ 141.00 149.60 7U 125.!J IJS.57 145.61 171.SO 115.41 22).11 IN.17 141.JI 211.11 JIUI 211.11 nus 242.15 100.0 16).71 nt.14 192.JI Ht.IS 24J.N JJJ.11 UU2 ltJ.41 JOt.n 2a.s, nt.n JIUI J4t.lO ISI.O 246 .ZI HS.M 215 .61 SZl .15 >61.M ,,,.., J61.S2 Jll.tl 4'11.75 4SU5 479.7) 4n.N 561 .60 200.0 J26.71 JS2.t2 J7t.M 717.IJ ·"·" nut 412.12 4Jl.41 6JUJ ,.,.,, 651 .7) 647.5' n4.lo )00.0 417 .11 SJ6.IO 565.IZ 1,)05.15 711 .to 1,21J .II 709.12 617.41 l,IIJ.7J ,,..,, 1,1u.n tll.50 1,,,.,10 400.0 Ml.71 700.61 75 2.51 l ,IZJ.15 .. , ... 1,6SJ .II tH.12 tM.41 1.n,.n 1,2tUS l,J75.7J 1.n,.so 1,624.10 500.0 741.71 IOl .61 "'·" 2,)4 1.15 1,17t.M 2,lt).11 l ,16J.12 1,141.41 1,1n.n ... ,..,, l ,7J7.7J 1,679.51 2,Mt.10 • A. Introduction Executive Summary Water Rate Study The City's water operations arc financially !lelf:sufficm with fimdmg i>r capital and operating 0 rc,qumnmts derived prinmri1y from rates. tap mes, and other mnor::Uenrous sources. City staft"bas pojected a $3.1 miDion water capilal DJ¥0w:mm prosnm1 i,r the 2003 through 2008 paiod wbic:h includes repair and Mplacemm of the cfisttiJUtion symm. This study was authorized by the Cily to assure that an adequate level of rewme &om rate.1 and &,es is muuaied to fund the utility's daily operations, fimn:e the propo9Cd capital irqxovemeut pogram, satisfy bond covenmi requircmcals, and minima the ilqiact on rates. This study includes the following: • Review of City's 6-)ar finmcial i>recast. • DMlopment of2003 rates. • Projection of2004-2008 rew:nucs. B. Study Findings and Recommandatlona • An 8 percem water rate increa,e is needed in October 2003 to comue to fund daily operations. This will increa,e the avaage siqJle limily quarterly bill by $4.85 from $60.65 to $65.50. • An additional rate increase is forecast fur 2005 to &..nee the popoaed capital irq,ro\'Cffll:Dl program. fund daily operations, satisfy bond covemm, and maimin adequate reserves. This rate incrcase and the cstioetcd efkt 00 the &wnge single fiuni1y quarterly bill arc shown below. The timing and rnapirude of any muses should be reviewed prior to irq,lemcruti>n for updates in the capital iqrow:mm program. .._ ...... ,_, lmemein Total Single Overall Rate SinpFamily Family Quarterly [ Vair .Adjustnm QmrtertyBm am 2004 0% S0.00 $65.SO 2005 6% S3.93 $69.43 2006 0% $0.00 $69.43 'l007 0% S0.00 $69.43 2008 0% $0.00 $69.43 • rigure 1-1 OOiJ4181CS typical single &mily quataly WIiier bills of the City Mb coqaable From RaDF ooommides The bills are baaed on awnp quatlrly water usage of 34,700 galJoos. Quarterly bills under F.npwood's exiltq and propoeed 2003 watcr rates arc lower than all but one oftbe cities mown. ........ I.J .. RESOLUTION NO . :/p_ SERIFS OF 1996 A RESOLUTION ESTABLISHING FEE SCHEDULES FOR WATER SERVICE. WHEREAS, Raolution No. 66, SeriH of 1989 wu the 1ut water rate iDcnue; and WHEREAS, the propoaed increase provides reven1111 to build fadlitl8I ueded to meet future federal requirements and provide additiooal treatment plaut imprcnemmta for tbe NIDOYal of certain patbopna; and WHEREAS, c:hanpl iD federal replatiou and the increuinc tbrNt of liardia and cryptoaporidium contamination have made it neceuuy far the City to add additiooal treatment proceues to ita water trutmmt plant; and WHEREAS, the A\len Plant ia currently operatiq at ita optimal efllcimcy, but it may not meet the new requirements; and WHEREAS, alcm, with inc:reuinf the safety of the tnated water, the uptp'adel may alao improve the tute and odor of the water; and WHEREAS, the City alao would lib to ltart a prosram to clean and improve the water maim in the streets of Eqlewood and tc increase it'a raw water aupply; and WHEREAS, a rate increue ia neceuary to fund theae improvements; and WHEREAS, the propoaed increase in water aervicel c:harpl are 9.K Gil July 1, 1998, 9.0'll, cm January 1, 1997, 8.0'll, an January 1, 1998 and 8.0'll, cm January i; 1999; and WHEREAS, the Enclewood Water and Sewer Board r.ommendecl, at thair Ilardi 12, 1996 meetin1, approval of the propoNd resolution which inc:nuea water rat.. to fund a ~ capital improvement pro,ram; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. THAT: Ses;tion 1. Ratel No.land 2 -(Flat Rate md Metered Service) In.aide City; and Rate No. 3 (Metered Service) Outaide City, are eatabliahed for the period belUIJWll July l, 1998 u follows: BADNQ.t JNSIDE CITY FLAT BAD SBBYJCI ,lply 1, JIii RESIDENCE RATES · AUAB'J'EBJJ RATE Facility 1-3 Room• ............... , ....................................................................... . •-5 Room, ....................................................................................... . 6-7 Room• ....................................................................................... . 8-9 Room• ........................................................................................ . Each Additional 2 Room, Over 9 ............................................................. . Bath .............................................................................................. . Bath and Shower ................................................................................ . Separate Shower ................................................................................ . Water Clo1et .................................................................................... . u.ea S9.81 UL17 02.38 • uo S 7.70 S 7.70 S 7.70 • 7.N ft t .. • • (J_ Automatic Washer ............................................................................ .. Dishwasher .................................................................................... .. Garbage Disposal .............................................................................. . 1 or More Automobiles Per Family ......................................................... .. IRRIGATION RATES· • 3.68 • ilO • 2.81 S 3.68 Per front foot of property .................................................................. $ 0.3&15 (normal depth tracts -125 to 133 feet) Per square foot of property ................................................................ $0.0027 (odd, irregular, over or undmrizecl tncta) BA'l'BNQ.I <Me&1nd Senloe) INSIDE Cll'Y llll'edtN.Julyl,lNI AV AILABllJTY: Available to c:onawnen on meters takin, service imide the corporate limita of the City ofEnclewood, Colorado, ~ of July l, 1996. APPLICABIUTY: Applicable for residential, commercial and industrial service u Ht forth under the Rulea and Regulations adopted by the City Council and u amended from time to time. First Over QUARTERLY QUARTERLY USAGE (GALLONS) 400,000 400,000 RATE PER 1000 GALLONS $1.27 $0.79 MINIMUM CHARGES METER SIZE QUARTERLY USAGE INCLUDED IN MJNDIUM BILL It OOQ QaIJgp•) None 5/8" 3/4" l" 1-1/4" 1-1/2" 2" 3" 4" 6" S 3.30 $ 3.62 $32.34 $40.57 $61.81 $97.18 $ 179.70 $297.60 $567.53 None 22 ,s 45 '12 135 225 450 RAJ'INQ.3 (Metered Service) OUl'SIDB Cll'Y En'eedve .July 1, 1988 AVAILABILITY: Available to consumera on meten taking service outaide the corporate limita of the City of Englewood, Colorado, u of July 1, 1996. APPLICABILITY: Applicable for residential, commercial and induatrial service u Ht forth under the Rules and Regulations adopted by the City Council and u amended from time to time. First QUARTERLY QUARTERLY USAGE (GALLONS) 400,000 RATE PER 1000 GALLONS $ 1.78 2 t • • Over 400,000 METER SIZE QLTARTERLY 5/8" • 3.33 3/4" • 3.57 1· $43.90 1-1/4 " $515.38 1-112· uuo 2· $18'-13 3• $2'8.99 4• $413.08 6" $797.80 $1.27 MINIMUM CJWlGM VSAQI INCLJJPBD IN MINWJJM BU,L ct QOO 9tUoo•> None None 2a 28 411 'l'l 135 225 4l50 PAYMENT: All billa are due and payable upon receipt of aame IDd become clelinquent 30 (thirty) daya after elate of bill. All niquirementa relative to meten aball be iD ~ with tbe Ru1ee and Bep1atiam of the Water Department. No bill will be nmderecl fbr water while Hn'ice ia abut ofl at the curb box. CHABQES FOR MATERIAUi: Corporation Stopa Metere: 5/8":a:3/4" 3/4" 1· 1-1/2" 2• and over All other materiala FIRE PROTECTION SERVICE · (a) ~ydnmta (private) each. Cb) Hydnmta (public) each. Fint 100 Ne:a:t 100 All over200 Invoice COit p]ua 201' Invoice COit plu 201' lnvoic:e COit p]ua 201' IDwice COit plu lK Invoice COit phla lK ln'VOice COit p]ua 51' lnvoic:e COit plu lK MONTHLY CILUlQI JNSIDI cm OU'J'SIDI CITY 14.63 7.32 4.89 2.43 3 17.07 9 .75 7.32 4.89 • • Sediim 2. Rates No.1 and 2 • (Flat Rate and Metared a.me.) Iuide City; and Rate No. 8 (Metered Service) Outside City, are eltabUlhed far tbe period bepminc Juauary 1. 1997 u follows: MDNQ.1 JNBP>B Cl'l'fDcATBNJ'B SIBY(CR :Jeneen L W1 USID£NCB RATES· AUABTIBI,X B41'I Facility 1-8 Room, ........................•.•.•..•.•...........•.•••.••.•..••.••••..•...•••••.••....••• 4-5 Room, .......•..........................•..•....••...•....•..•.•••.....•..•..••...•..•..... 8-7 Room, .............................••.•.........................•..•.••••.••....•..•...•... 8-9 Room, ...........••...•....................•....•...•.•....................•.......•...••.• Each Additional 2 Room, Over 9 ....•.............•.••...••.••........................•• : •• Bath .........................................•...•.............................................. Bath and Shower .......................•.............•••.........•........•..•.•....•....••.. Separate Shower ...........................•.......•••........................••.•..•.......• Water Clo1et ..........................•.....•..........•..................................... Automatic Wa1her ..................................••.......................••.••.......... Di1hwa1her .........................................................................•........ Garb ace Di1po1al .......................................................................... . 1 or More Automobile• Per Family ....................................................... . IRRIGATION RATES· $8.87 $10.,1 $12.17 $18.48 • Lal • U9 • U9 • 8.88 $ UI • "°1 • ."58 • 8.08 • '-01 Per front foot of property .......................•.....•.........••••.....•.••..••........... (normal depth tncta • 125 to 138 feet) Per 1quare foot of property .............................•.............•.....•..••.•...•..... • 0.8'128 $0.ocr» (odd, irrecular, over or underaiaed tradl) AV .AILABllJTY: Available to CODIUIDen on meten takins Ml'Vi r , inaid.a tbe carpantl Umita al the City of Englewood, Colorado, u of January 1. 1997. APPLICABILITY: Ap~licable for raidential, commG'Cial and induatria1 Ml'Vica u Mt fanb under the Rulea and Reculationa adopted by the City Cowu:il and u ammdad from tima to time. Fint Over QUARTERLY QUARTERLY USAGE (GALLONS) RATE PER 1000 GALLONS 400,000 400,000 $1.31 $0.II MINIMPN CB68018 METER SIZE QUARTERLY USAQI INCYIDIP DI ammruv BDJ, <J CPI OeDmt) NODI 5/8" 3/4" • U9 • 8.84 Nona 4 1" 1-11•· 1·1/2" 2" 3" •• 6" $315.25 $"-23 $87.37 $105.92 $1915.87 $32..aS $618.61 841'BNO,ll (Metll'9d S.W.) OUl'SIDE CftY Bl'.atiw~ 1, 111'7 AVAILABILITY: Available t.o c:anaumen on meten taJdnr NrVice outside the corporate limita of the City ofED,lewood, Colorado, u of January 1, 1997. APPLICABILITY: Applicable for reeidential, commercial and induatrial Nrrice u Mt forth under the Rul• and ReplatiOD1 adopted by the City (?ouncil and u amended &om time t.o time. Fint Over QUARTERLY QUARTERLY USAGE (GALLONS) .00,000 .00,000 RATE PER 1000 GALLONS $UN $1.38 METER SIZE QUARTERLY MINIMUM CHARGES USAGE INCLumm IN MINlMJ]V RUJ, Ct 000 Qellcme> 5/8" 3/·· l" 1-11•· 1-1/2" 2• 3 • •• 6 " $ 3.63 • 3.89 •• 7.815 $80.38 $ 9'2.515 $1.S.20 $27UO $4!50.26 $889.60 None None 22 • 415 'l'J 1315 2Z 415() PAYMENT: All billa are due and payable upon receipt of same and become delinquent 30 (thirty) days after date of bill. All requirements relative to meten lhall be iD acconlaDce with the Rulee and Reculatiom of the Water Department. No bill will be rendered for water while ..-vice ii abut alt at the curb box. CHARGES FOR MATERIALS : Corporation Stopa Meten: 5/8"x3/•" 3/•" 1" 1-1/2" 2" and over All other materials s Invoice coat plua 20'll, Invoice coat plua 20'll, Invoice coat plua 201II Invoice coat phn lK Invoice coat plua lK Invoice coat plua K Invoice coat plua lK t • • • FIRE PROTECTION SERVICE· (a) Hydranta (private) each. (b) Hydranta (public) each. FlntlOO NmlOO All over200 MONTHLY CHARQB INSIDE CITY PQTSWI Cl'l'Y' 15.915 7.98 5.33 2.615 18.61 10.63 7.98 5.33 Sed;ign 3. Rates No.1 and 2 -(Flat Rate and Metered Semce) luide City, and Rat. No. 3 (Metered Service) Outaide City, are establiabed for the period bepmmr J~ 1, 1998 u . follow,: RESIDENCE RATES · Facility BADMQ.J INSQ)I CITY FLAT BAD SBBYICB ,,...,_.,, L JW QUARTERLY RATE 1-3 Rooms .................................................................................... . 4-5 Room, .................................................................................... . 6-7 Rooms .................................................................................... . 8-9 Room, .................................................................................... . Each Additional 2 Room, Over 9 .......................................................... . Bath ........................................................................................... . Bath and Shower ............................................................................ . Separate Shower ............................................................................. . Water Closet ........................................................................•......... Automatic Washer .......................................................................... . Di1hwa1her .................................................................................. . Garbage Di1posal ........................................................................... . 1 or More Automobiles Per Family ....................................................... . IRRIGATION RATES· Per front foot of property .............................................................. . (normal depth tracts -1215 to 133 feet) Per square foot of property ............ , ............................................... . (odd, irregular, over or undersized tracts) BADNQ.I (Metencl Service) INSIDE Cl'IT Elredhw ,1-.ry 1, 1988 $9.04 · $11.31 $13.14 $14.57 • 1.65 $ 9.06 • 9.06 • 9.06 • 9.23 • 4.33 • 4.1M • a.so • 4.33 $0..021 $0.0031 AVAILABILITY: Available to consumers on meters taking service inside the corporate limita of the City of Englewood, Colorado, u of January 1, 1998. APPLICABILITY: Applicable for residential, commercial and induatrial Hr9ice u Ht f'arth under the Rule, and Regulationa adopted by the City Council and u amended from time to time. QUARTERLY QUARTERLY USAGE 6 RATE PER 1000 GALLONS t ... .. ; . .., • • First Over (GALLONS) 400,000 400,000 $US $0.93 ME'l'EBSIZE QllABIEB~ MINIMUM CHARQF.S IJSAQE INQLJJDEQ DI MINJMllM BILL {1 ooo O,Jlcm•l None 5/8" • 3.88 314• • 4.15 None l" $38.08 ~ 1-1/4" $47.78 211 1-1/2" $ '12.78 415 2" $114.40 '12 s· $211.54 llli 4" $350.33 -6" $888.10 415() AVAILABll.JTY: Available to conaumen an metera tu:iq Nl'Yic:e oataide the corporate limit. of the City of Eqlewood, Colorado, u of January 1, 1998. APPLICABll.JTY: Applicable for residential, commen:ial and indutrial Nl'Yic:e u Ht forth under the Rules and Rerulationa adopted by the City Cound1 and u ammded from time to time. First Over QUARTERLY QUARTERLY USAGE (GALLONS) 400,000 400,000 RATE PER 1000 GALLONS $2.10 $US ME'IEB SIZE QllABIEBJ.Y MINIMUM QBABOFJ\1 1JSAQE INCLJJDEP IN MINJMllM IDJ, {1 ooo O,.Ucm•l 5/8" • 3.9'2 None 3/4" • 4.20 None l" $51.68 ~ 1-1/4" $65.19 211 1-1/2" $99.95 415 2" $157.90 '12 3• $293.11 llli 4" $486.28 -8" $939.17 415() PAYMENT : All bilb are due and payable upon receipt ofeame and becmae delinqumt 80 (thirty) days after date of bill. All requirement. relative to meters ab.all be ill accardanee with tbe RulN and Beplatiaaa 7 • • of the Water Department. No bill will be rendered for water while Nnice ia abut alt at the curb boz. CHARGES FOR MATERIALS: Corporation Stopa Meters: 5/8":itS/4" 3/4" • l" 1-1/2" 2" and over All other materiala FIRE PRQTECTIQN SERVICE· (a) Hydrant.a (privat.e) each. (b) Hydrant.a (public) each. Fint 100 Nm 100 All over200 Invoice coat plua 20'JI, IDvaice coat plua 20'JI, Invoice coat plua 20'JI, Invoice coat phu lO'JI, Invoice coat plua lO'JI, Invoice coat plu 5'5 Invoice coat plu lO'JI, MONTHLY CBABOB INSmE CITY OUTSIDlj CITY 17.22 8.81 5.75 2111 20.10 lUB 8.61 &.75 Sec;tjgp ,. Rates No.land 2 -(Flat Rate md Metered Sarrice) Iuide City; and Rate No. 8 (Metered Service) Outaide City, are NtablialMd for the period beaiDniq .lUIQU'J l, 1999 u follows: BA'X'BNO, 1 INfflDI cmn.u MD IIBDCS +e eoLJW RESIDENCE RATES· AJJAB'l'EBJ,X BUB Facility 1-3 Rooms ..............................................................................•........ 4-5 Rooms ..........................................................................•............ 6-7 Rooms ...................................................................................... . 8-9 Roome ...................................................................................... . Each Additional 2 Roome Over 9 ............................................................ . Bath ............................................................................................. . Bath and Shower .............................................................................. . Separate Shower .............................................................................. . Water Closet .................................................................................. . Automatic Wa1her ........................................................................... . Dishwasher ................................................................................... . Garbace Di1po1al ............................................................................ . 1 or More Automobile, Per Family ........................................................ . 8 U.78 $12.21 $1~19 Sta.78 • 1.78 S 9.79 S 9.79 S 9.79 • 9Jrt • '81 • 5.36 • U'1 • '81 t .. IRRIGAT!ON RATES· Per front foot of property ................................................................. . (normal depth tracta -125 t.o 133 feet) Per square foot of property ............................................................... . (odd, irregular, over or undersized tracts) RAJ'ENQ.a <Met,a,,ed Semce) INSIDE Clff DrectiwJmmary 1, Ul89 $ 0.4.'W2 $0.00,'U AVAILABILITY: Available t.o conaumen on meters takiDi service inlide the corporate limit. of the City of En,lewood, Colorado, u of January 1, 1999. APPUCABILITY: Applicable for residential, commercial and industrial service u aet forth under the Rules and Regulations adopted by the City Council and u amended from time to time. First Over QUARTERLY QUARTERLY USAGE (GALLONS) 400,000 400,000 RATE PER 1000 GALLONS $1.61 $ 1.00 METER SIZE QUARTERLY MINIMUM CHARGES USAGE INcymED IN MINIMUM BilJ1 Cl QOQ Oellooe) None 5/8" 3/4" 1" 1-1/4" 1-1/2" 2" 3" 4" 6" $ 4.19 $ 4.78 $41.12 $51.58 $78.58 $123.55 $228.47 $378.36 $721.55 None 2l lB ~ 'l'l 135 = 415() RAJ'ENQ.3 CMet.erec1 Service) OUl'SIDE cny Elredive January 1, 11189 AVAILABILITY: Available t.o consumers on meters taking aervice outside the corporate limits of the City of Englewood, Colorado, u of January 1, 1999. APPLICABILITY: Applicable for residential, commercial and industrial service u set forth under the Rules and Regulations adopted by the City Council and u amended from time t.o time. First Over QUARTERLY QUARTERLY USAGE (GALLONS) 400,000 400,000 9 RATE PER 1000 GALLONS $2.26 $1.61 .. • • ,• .1-. . ' .... .•' • • METER SlZE QUARTERLY 5/8" • '-28 3/4" • U4 1• $515.81 1-1/4" $70.40 1-1/2" $107.96 2· $170.53 a· $318.&8 ,. $1525.18 e• $101"30 MJNlMVM CHAIUU§ VSAQR INCJJJDBD IN UINJNIZM BDJ, Cl OQQ OeUmel None None 2a • 415 ~ Ul5 215 4IIO PAYMENT: All billa are due ud payable UJIClll receipt oC 1&11111 IIDcl become delinqumt 80 (tbirty) dayw after date of bill. All requiremmta relative to meter. lball be iD accordaDce with the Rulel ud Beplationa of the Water Department. No bill will be nmdered 1br water while Ml'9ice ia lhut all at the curb boz. · CHARGES FQR MATERIALJi: Corporation Stopa Meten: 5/8"z3/4" 3/4" 1· 1-112· 2• and over All other materiala 10 Invoice coat plua 2K Invoice coat plua 2K IDffice coat plua 2K IDftice coat plua lK IDftice coat plua lK IDftice coat plua K ID'VOice coat plua lK (a) Hydranta (privat.e) each. (b) Hydnmta (public) each. Pint 100 NatlOO All over200 18.80 9.30 121 8.09 nn l2.a9 9.30 8.21 ADOPTED AND APPROVED tbil 18th day of March, 1998. (J~~ 'l'bmnaJ. ~ LoawhiaA.-. Ctty<;Jn,,,,..Cttyor~-,.. ...,.,. a true copy of Reaolution No.Jrl. Seri• of 1998. . ~iidt/£- Loacriabia A. mu. 11 IIIMK,UIIDHNO. - SERIES OF 2003 A RESOLUTION ESTABLISHING FEE SCHBDULBS POil WATER SEllVICB POil 'nlB CUSTOMERS OF 1HE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Home Ruic Charter, Section 123, requires City Council to set water rates by Resolution; and WHEREAS, Resolution No. 40, Series of 1996 wu the later water rate increuc; and WHEREAS, the proposed water rate increase is deemed necessary to cover increasing cx.pcnscs due to inflation and capital improvements, includina additioaal deep wells for a stable water supply in drought conditiom, a powdered activated carbon lystem to improve water quality, City ditch piping and ditch improvements for providing an improved water supply on a year-around buis, and an emergency generator for more frequently occurring power outages; and WHEREAS, the two 3-million-gallon overhead storage tanks located at Clarkson and Belleview are 50 years old and the resulting cracks and repain are indicltiq that these tanks are approaching the end of their projected service life and major renovations to these tanks will be necessary in the near future; and WHEREAS, administration fees paid by tbe Utilities Department were reviewed by a consultant wbo determined that an increase wu appropriate; 111d WHEREAS, the Water and Sewer Board recommended the propoaed increue1 at their July 8, 2003 meeting. NOW, lHEREFORE, BE IT RESOLVED BY 1HE CITY COUNCIL OF 1HE CITY OF ENGLEWOOD, THAT: ~-The current water rates and fees established by Resolution No. 40, Series of 1996, shall be subject to cumulative increases for tbe next five-year-period (2003 -2008). u follows: Att est : On October l, 2003, the current water rates and fees sball be incrcued by 16%. On January l, 200S, the water rates and fees existing on and after October I, 2003 sball be increased by 6%. AOOPTED AND APPROVED this 21• day of July, 2003. Beverly J. Bndabaw, Mayor Loucrisbia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a IIUe copy of Resolution No.___, Series of 2003. Loucrishia A. Ellis, City Clerk • COUNCIL COMMUNICATION DATE: AGENDA ITEM: SUBJECT: South Platte River Open July 21, 2003 11 C ii Space Plan INmATED BY: STAFF SOURCE: Community Development Lauri Dannemiller, Senior Manager PRMous COUNQL ACTION; Council accepted grant funding from Great OutdOOfS Colorado to create a long-range vision for the South Platte River/Santa Fe Corridor in March 2001. In May 2001 Council approved the creation of the South Platte River Steering Committee. Additionally, draft versions of the South Platte River Open Space Plan (herein called the #Planw) have been presented to Council at several Study Session~ during the past two years. PRMOUS PLANNING COMMISSION ACTION; The Planning and Zoning Commission held a public hearing on the draft Plan February 25, 2003 and the Commission recommended approval with transmittal to City Council for final action on May 20, 2003. REOUESJ; Staff requests City Council approve a resolution adopting the South Platte River Open Space Plan. This plan will become part of Roadmap Englewood: 2003 Englewood Comprehensive Plan. BACKGROUND; This Plan's purpose is to develop a strategy for improvement of the South Platte River Corridor over the next 25 year period, as well as identify short and medium term measures that will further the goals of the Plan . The Plan was guided by a steering committee comprised of representatives from the cities of Englewood and Sheridan, as well as from other public and private agencies and citizens concerned with the destiny of the corridor. These representatives met monthly to. share ideas and to offer comments on the evoltjtion of the plan . The Plan progressed through the following sequential framework : 1. Inventory and Assessment 2. Consensus Building (Goals and Objectives) 3. Development of Plan Alternatives 4. Development of Preferred Alternative 5. Implementation Tools and Strategies . In addition to the Steering Committee meetings, three public meetings were held on January 23"' and 24"', and Augu st 21", 2002 to inform area residents and solicit Input regarding the Plan . t • • One basic tenet suggested in the Plan for increased, long-range success of the Plan was for both the communities of Englewood and Sheridan to agree to adopt a mutual Plan, due to the interconnected river boundaries. In the early stages of the Plan, the City of Sheridan showed strong support for the planning effort. Since a new council was seated late in this planning effort, support for the Plan is less enthusiastic and attempts to reach agreement with Sheridan has not been successful. Sheridan has indicated the Plan should be more narrowly focused upon the river itself, and only consider Improved trails and access, and not address the redevelopment or open space elements of the Plan . Steering Committee members considered all three elements of the Plan to be critical to future revitalization of the corridor, and a simple increase in the trail system would fail to achieve three of the four goals set forth in the Plan. Striking a reasonable balance between new trails, land redevelopment, and additional open space was a primary objective throughout the planning process. Every effort was made to assure that the recommended actions would result in positives change in both Englewood and Sheridan. The Steering Committee submits this Plan trusting this balance is achieved and in the best interest of both communities. However, without mutual agreement, Englewood should proceed with adoption and implementation to begin this long-range vision. THE PLAN; This Plan is a long-range vision for the South Platte River and Santa Fe Corridor that recognizes the importance of open space resources and economic development to the livability of Englewood and Sheridan. Parks and open space, along with quality schools, roads, libraries and the like, are primary contributors to the quality of life in a community. Conversely, parks and open space are directly dependent upon a thriving local economy for their purchase and upkeep. This synergy forms the heart of this Plan composed of three primary components: Trails and Connections, Open Space, and Redevelopment Trails and Connections Currently, the South Platte River Greenway, the trail system that traverses Englewood and Sheridan, is an eight-foot wide concrete trail. This Plan suggests improving access to the trail, increasing the capacity of the network by creating a second trail on the adjacent riverside, and linking the trail to redevelopment sites. • Provide safe bike and pedestrian access to trail network: improve connection at Dartmouth and S. Platte River Drive, create pedestrian/bike link along Oxford to areas east of Santa Fe • Provide dual trails where possible; convert portion of S. Platte River Drive to trail north of Hampden; extend trail along east side of river from Oxford to Belleview • Link trails to redevelopment sites; create fingers of open space as part of redevelopment that connects to trail network and improve existing trail conditions; reduce vehide/trail conflicts, discourage truck parking near trail Parks and Open Space Re c ommendations within th is section seek to create new parks, enhance the existing river corridor and integrate redevelopment areas with #green finger " linkages. Sites chosen for new potential parkland were chosen based upon one or more of the fo 1l owing factors: presence of landfill, within 100 year flood plain, proximity to existing park, proximity to I i·:cr and absence of an ongoing use that preclude park development. I • . ... .. '" ' • • D • Integrate greenway with redevelopment: extend fingers of open space from river to redevelopment • Protect existing habitat: limit trails through sensitive areas, prevent development on existing drainages and steep slopes • Enhance exiting river corridor: assure preservation of open space edge; buffer current uses by enhancing pianting on both sides of the river, emphasize bi<H!ngineering and "soft" approaches to bank stabilization, and encourage improvement of in-stream aquatic habitat • Develop environmental education facility: include shelter and passive facilities in area recendy reclaimed by Parks department in coordination with golf course planning • Enhance existing river corridor: utilize former landfill sites for park expansion where possible; expansion of Centennial Park on floodplain and landfill sites near Big Dry Creek Redevelopment In the third element of the Plan, ways to encourage existing land uses to c<H!xist with open space and redevelopment was explored. Here, the Plan recognizes the river can be a spine of recreational activity where redevelopment builds on the unique open space and recreational qualities of the river. The primary recommendation of this section of the Plan is the creation of a new River Parkway to provide roads and utilities to an underutilized area of the study area. Redevelopment is not limited to any one type of use, but rather to many potential uses which will upgrade the use of the land. • Create a river parkway: utilizing existing roads, aligned along existing parcel boundaries; flip location of S. Platte River Drive to east side of land • Provide redevelopment opportunities: those with constraints requiring remediation that are well situated are recommended to be redeveloped for new parkland • Focus on areas with high potential for redevelopment with improved access lmolementat;oo With such an ambitious plan, a strategy for implementation is critical to its success. This strategy combines five elements, each necessary for the Plan to be realized: 1.)Use of a Judicious blend of tools, 2.) Create partnerships, 3 .) Follow prioritized action steps, 4.) Gamer resources and leverage funds, and 5 .) Create stewardship of the river. FINANCIAL IMPACT; There is no direct cost associated with this Resolution . Attachments: List of Steering Committee Members Planning Commission Findings of Fact Proposed Resolution Note: A copy of the proposed South Platte River Open Space Plan is available in the Community Development Department Office (3rd Floor Civic Center) or on the City's website (www.englewoodgov.org) • ,. t _,.. .. • • South Platte River Open Space Plan Committee Carolyn Armstrong Commissioner Englewood Parks and Recreation Commission Tina Axelrad Clarion Associates Robyn Bartling Park Planner South Suburban Parks and Recreation Grayson Baur Project Associate Wenk Associates Inc. Bill Broderick Denver Regional Counci: of Governments Stan Brown Board Member South Suburban Parks and Recreation Foundation Bar Chadwick Director South Platte River Commission Bill Clayton Board Member Englewood Chamber of Commerce Mark Graham Senior Planner City of E[lglewood Community Development Dept Jeff Holwell Manager of Community Program s South Metro Chamber of Commerce Julio lturreria Senior Long Range and Open Space Planner Arapahoe County Deve lopment Serv ices Brian Kohlenberg Project Engineer Urban Flood and Drainage District Dave lee Open Space Manager Englewood Parks and Recreation Department Katie Paris Project Manager The Trust for Public Land Tina Podolack Director Sheridan Family Resource Center Sandi Rayl Manager US Anny Corps of Engineers Deb Roberts Community Development City of Littleton Jim Sidebottom City Manager City of Sheridan Susanne Tracey DMsion of Wildlife Department of Natural Resources Carl Welker ·commissioner Englewood Planning Commission Bill Wenk President Wenk Associates Inc. Mike Yurchick Councilperson Englewood City Council • t .. • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #CP 2003-01 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING) TO THE SOUTH PLATTE RIVER OPEN ) SPACE PLAN ) INmATEDBY: COMMUNITY DEVELOPMENT DEPARTMENT 1000 ENGLEWOOD PARKWAY ENGLEWOOD, CO 80110 ) ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF THE . CITY PLANNING AND ZONING COMMISSION Commission Members Present: Adams, Diekmeier, Mueller, Roth, Schum, Waggoner, Welker Commission Members Absent: Krieger, Lathram This matter was heard before the City Planning and Zoning Commission on February 25, 2003 and May 20, 2003, in the City Council Chambers of the Englewood Civic Center. Testimony was received from staff, Wenk & Associates, John F. Kent. Ben Guerrero, Floyd Hunt. Alice Corns, Mary Carter, Tim Soule, Chanele Beacham, Steve OrZVQski, Bill Brown, Don Smith, Dallas Hall, and Jose Tafoya. The Commission received notice of Public Hearing, the Staff Report. and a copy of the proposed South Platte River Open Space Plan, which were incorporated into and made a part of the record of the Public Hearing. After considering the statements of the witnesses, and reviewing the pertinent documents, the members of the City Planning and Zoning Commission made the following Findings and Conclusions. FINDINGS OF FACT 1. THAT the Public Hearing on the proposed Sol,lth Platte River Open Space Plan was brought before the Planning Commission by the Department of Community Development, a department of the City of Englewood. 2. THAT notice of the Public Hearing was published in the Englewood Herald on February 7, 2003. 3. THAT the Plan aims to develop a strategy of improvement of the South Platte River Corridor over the next 2 5-year period, as well as identify short and medium term measures that will further the goals of the Plan. ' • • ' ' 4. THAT the Plan was guided by a steering committee comprised of representatives from the cites of Englewood and Sheridan, as well as from other public and private agencies and citizens concerned with the destiny of the corridor. 5. lHAT three public meetings were held on January 23, 2002, January 24, 2002, and August 21, 2002. 1. CONCLUSIONS THAT the proposed South Platte River Open Space Plan was brought before the Planning and Zoning Commission by the City of Englewood Department of Community Development 2. THAT proper notice of the Public Hearing was given by publication in the Englewood Herald on February 7, 2003. 3. THAT the South Platte River Open Space Plan is needed to improve the South Platte River Corridor over the a 25-year period. DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that the South Platte River Open Space Plan should be referred to the City Council with a favorable recommendation . The decision was reached upon a vote on a motion made at the meeting of the Oty Planning and Zoning Commission on May 20, 2003, by Mr. Welker, seconded by Mr. Adams, which motion states: To forward to City Council Case #CP-2003-01 with a recommendation for approval. AYES : NAYS: ABSTAIN : ABSENT : Adams, Diekmeier, Mueller, Waggoner Roth, Schum, Welker None Krieger, lathram These Findings and Conclusions are effective as of the meeting on May 20, 2003. BY ORDER OF THE CITY PLANNING & ZONING COMMISSION ~?=> -"5Waggoner, Chair'-.) ) t • • • WHEREAS, this Plan is for developing a strategy for improvement of the South Platte River Corridor over the next 2S years; and WHEREAS, this Plan WU guided by a steering committee comprisod of repnscnlativea from Englewood, Sheridan, public and private agencies and citizens concerned about the cxmdor, as well u three public hearinp; and WHEREAS, this process is now submitted to City Council to proceed with the implementation of this long-range plan. NOW, THEREFORE, BE IT RESOLVED BY THE ENGLEWOOD CITY COUNCIL AS FOLLOWS : Section 1, Tbe City Council of the City of Englewood, Colondo, hereby approves adoption of the South Platte River Open Space Plan which will become part of Roatb,,ap Englewood: 2003 Englewood Compnl,ensive Plan, attacbed hereto. ADOPTED AND APPROVED this 21• day of July, 2003 .' Beverly J . Bndlbaw, Mayor Attest: Loucrishia A. Ellis, City.Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify that the above is a true copy of Resolution No .____, Series of 2003 . Loucrilbia A. Ellil ' 0 - Thu pro1•ct 11 1upponed by grants from ,he Grear Outdoors Colorado lfusl Fund and A rapahoe Coun,y Commun ity Oe,,e lopment Block Grant Funds ~ [ E I I I I I I I I I table of contents """' tlWnMfl1 s emti.., corulitiou 19 . . the ""'" 99 ~ 45 a#ffU/ku: a.,,.,.,_~,_ ss I,. rmn, of ""-liu data 61 • ... II.-· -- I I I I I I I I I I I I I I I I • HNI. 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""' ------,------------- 0 ~s i r,s O 1s fI•1tii ~; lli 1lfffi tt~ t1f}fJ'filflfffl II~ r ft; I .. ! 1.-r f f • i c .. r ,I t .-f f I i l J I .. l, R J f' t t [ i w I-0. D t f i f t. J l ,-1 11.1~1 ,.-f J(}r t r i J 11 i l . I f tf t. f L J tl l f fr J r l r JI t ~ l JI t l f f [ 1 I s 1 • l f . i l J 1 f I l • •, I I I I I I I I I I I I I I I I I I I STUDY AREA 1~ ---STUDY AREA IOUNDAllY ...... --,i,--::!!!!!:z ... :·::~' ---.-.------·---------·-... --...._ ... _ SPECIAL STUDY AllEA ---~ ... _.,. I l I / I L ...J ti j I : -1! -,:;- j aount PLATTE RNEII / IANTA FE COIUUDOII OPEN SPACE PLAN .. .,,,,....-_ ............. ...... • 11•16 tlet'« riwc ' . ' . ,.. . : f 1f~ ., .. J.: ' --: ,, _l1 ': "t, :f ,f ' \:' ~~ T? '~ ) :. .. ~ ; / : t.:'".: i /--~ tj . l ---..,~,.. n J. ------------------- . • fi'!ll{f> ~~~ tJ!Ji .t-f(Jsf [[i f. r r' rtr r1:~ ft' Jtt' ltr'~ r1 •f J'l•J. ~~•1f•l1 fJr tf,fJ1 1!•r lLJ l ff rjJtrrJ~ fr tll ~i fsfL l ~J j Lft i 11,r r , ,1 t~fLif'r • lfitL sr,,1, [s r . ' I I I I I I I I I I I I I I I I I I I Aerial vinv of part of the struly area looki•t so•th • sautb olattr river ' . , ' • " -~.;.,;t,.. )' ·• • I l --.... I I • [,. the so•th J)ortio• of the st•J, area, the river has a• ex,O•sive, •ati,ral qi,a/ity • • • I I I I I I I I I I I I I I I I I I . . J· . ex1st1ng con 11Jons The c:harac:w of the Soulh Plall9 Ri¥w corridor changea cA.wa llllc., through the 111,dy-. Soulh of Hwaipclen A-, the riftr corridor hm an PpCllllift qually that connall aha.ply wilh the ~illned portion of the corridor _. of Haa.ipdan. wa.,.. In the -,them portion the tral wlndl ~ a pen and a golf-, the tral In the northem tMrcl of the 111,dy-ls-.11.aed by the roacla that lie. the .Mr. n.. CIOllhlt .,.... dllaring approclCMI lo laalpo.-• In eadi ...-,. The reclllt de. dap••• of ballWda at c..........i Parl: hm ...... 4 lna...d ,_., alanal ClppOl1unMN In the riftr corridor.~.--, --r.mtillllllllllfacilllNls..w.nt.For.....,..,th.. .. -,,r.w ~where -,-.and----,_.. the--wllhout-- ly. Ill ....... _ of .. _ elght(oatwlde tral by blars, lolr,erl, and walra.s CGI lead to -6:f. Trallc and pcnialg nut lo the tral In the _. portion of the 111,dy -CINilpl0 .. 11 .. ICNly and ullly of the tral. In the IOUlh.n portion of the 111,dy-. .wwy .._ deocMnd Into large pcarcala of "'-*ial -. Many of the. -.. unlighlly and lnod., quoi.ly ._._ "-the Plall9 Ri¥w tral. Wat. quolly -, ao be ocmnely olf.CMd by .. runoff from ti-. ulanllw junltyw,la and ... ogefoc:8iea. Many ~ Ihm. In the Soulh Ploll./Sonlo Fe corridor. In oddilloll lo ... -.,, lancMnlaillive ~ awliolied, __. olllc:a, ..... and lght ....W -occupy the corridor. for a deac:iplloil of ...-1 .--ic oomltlaaw In the -. -Appeliclx I, .,.._ of ...._ Dalo.· ---=• -· .. - In th e north end of the study urea, th e river is more urban and confined betwee n roads 1V ew a ctit ·ities or, the rit•e r pres,•nt un unm et nu d for truilheuds und fuc ilitie., Co ,,.s lr1fftfon d,•hris a nd erodih/p so ils at un old oxhou• of th e rit ·er I 8 I I I I I I I I I I I I I I I I I I I South Platte River For al of Ill lenglh In the projec:t -. the Soulh Plane Rl¥er Rows in a channel cleaignecl lo COM'Ol llaocling. A cniu aedlan of the river at any point In !he c:hann111ad -would ,.-ii a trapuoldal p,olle wllhin which a 100,-, loacl can be canlalned. wllh the UClpllan of an - -the gc,1-where llooda can inunclal. a wooclecl habllat-. The banb of ....... have'-' lned wllh rfpnip (large rocb) • lo the i.,.a of the 100,-Rood lo pnr,ide bank ....,. 51nm the inllal- lalan of tN. ...... Ill 1985, 11w audi • Collanwoocl, Wlow GIid --........ 1111i11hed ._..._ OIi the banb GIid -be - growlnt tlnugh .. rfpnip. ._., apealdng, .. !Mr ii characllltwl by ............ en-,. falawa: UuimmtB-,Jm,ood 6ooin: Mf'16 to Orfnol 4unw In thk,NCh. .. rhwillanbcl byMGV)'......w--... w-. Mano11• ,,. llanlfar fac8y on tlie W911 GIid the Engl.wood Pn TraWiig Facllty GIi .......... Dry er.Ii ........ the .... jlllt loulh of Union GIid a -bridge wll -Ink the Ilg Dry er.Ii Tral lo the Soulh Plallll Tral. Further wth. the Cly of Englewood '-r-..ly eiiponclecl C:.....W Pen wllh b..w. -the river. North of C.......W Pan. the ()x.fard Recyclng 5119 ii t-lo a C11111pG11y that pnr,idea rwqdliig ..,._ GIid produc:la audi ......... lo the COllllrudlon lndu.-y. Aooa .. !Mr lo the Nit, aulo.,... yards and a CGN:n11Mr CG¥W a large aa-ae behnf a -r.-. ...... cc.-· • I I I I I I ( • E xtens ive auto parts y ards and industrial fuL'iliti es abut the riv er corridor Accen to th e river i, oft en bloc k ,d by d ead- e nd s tret!/s Tltrit •in,( offer, and /,(ht ,nJu,triul uu, o,~r MfJY lffare rtr o,t dtt •,lop,,u,., I • .. :111a .. -..... -__ .. __________ _ fJiri!JIJHH 11i f1tn[lJ rJ .. lt rtl 1f ,(1> t,H1h {ts. J,,n1;1H! !Jtirtftf}r [~fr'hlU'' h ilfli'H fltfli,1t~r 1n~ruHU ·· JiH tu .. l'I rt J J"" ,. !(i JII di ;rt 1.'f .. t. t 11 ti{i' tlJt""J rt 'l l·Htf1t . LI£ Jlr if .. t LlJ lifi! [t!I( 11;1.- 11 ~ fl fttr~ - I I I I I I I I I I I I I I ' I ' ' ' JURISDICTIONS CITY OF SHERIDAN CITY OF ENGLEWOOD UNINCOAPOAA TEO AllAl'AHOE COUNTY OENVEA Q LITTLETON ........... i 't'MIAft I I :UTII &n. I i----· / / ·• • • I SOUTH PlATTE All/ER I SANTA FE CORRIDOR OPEN SPACE PLAN --...... ·---- • w116 eltllk riwr ' --- n • • I I I I I I I I I I I I I I I I tmrdictiees .. line jurilclc:toi11 _. the llucly -&iglewoocl. Sherlclmt. and ~ Couiily. 0.-and lllllalDn bonlerthe llucly-on the ..th and IOUlh. ,. ••• .,. The Englnoocl Munlcfpal Gal Cw" -- by the Qy ol &gl1woocl. but I wlha the Qy ol Sharidan. ..... -· I I I I I I I I I I I I I I I I ' I I EXISTING OPEN SPACE • lllVHS A CllEEKS r l GOLF COUllSES • PAllKS • LIGHT llAIL STATION I ... -.. ~#. -... . .. ~ii' ti!! ·-~ =~- • wett -,..,,, riucr ju..,... I : . / i-·-· ui. / I . f I •' t i ~ i..·-·-1'!'::··-·· ICIUTH PLATTE IINa / SANTA l'I COIUIIDOII OPEN SPACE PLAN ................ ._ , ' :..:i= . ........ ..: --- I I I I I I I I I I I I I ' I I ' ' PARCEL OWNERSHIP -SINGLE PAllCW AND HUL TIPLE PARCELS UNOEll SINGLE OWNEIUHIP ------____ ....,_ ' ··-....... ,l ........ . < - ="'-===- IOUTH 11'1.ATTE NIIBI/ IANTA Fl COIUIIOOfl OPEN SPACE PLAN --...... ·-·- • _.,. +«« rivet .. ---.. b-nC.J .. n I I I I I I I I I I I I ' I ' ,, ' ' n...,....,... olopen lpCICII ,..._ .. ._. at Wt ............ the Soulh ..... llhw TNII ii a'thln _..,. twv 11111p' open 1pac11 ....... alont 11: lhe Entl-woacl Gal C:O.. cnl YIIIIM!al ,-, lhe 9-0-cnl Ilg DryO..nll....,IDtheSoulh PlaltTNlllltthe .., .... ,.. _...,.. Clll'alltlie ................. DryO.. II ••••••ID N aai•utacl Iii 2002; llillwll CCll..t .....,._ ParttD .... Soulh ..... Rhwtral ...... Midile Scliaol, OIi,..... 11111 ....... cad....., 0.. ,art -_..,._a ...... cad.-,.._.. ... ,.. ....... ........ ,......1111 ..................... ._....,,...._ opp a...., ID W .._ opa 1pac11--...1D ... rhw. ............ ,,, .................... .., .... . ....,._,,, ........ ,..._ ..... _ _.. ..... ._. A .._..,,._......,,....,,,:1a,_. ..... ._ .. _.. --. w..._.•-••=•a:w.W.cad ... _.,... ._ ...... llipatia I i 2 ffa ..................... ........ -W.-lor ..... lloll. .................. w ...... ... wt. ......................... _._ ..... ., .. ............ ,.,._...,., ...... ltil ............ ..... ... _ ............... ........, .............. ...... Near .............. .....,~ ....... ._.. ... o.lali.u '-ltlo ... lhw. P1d1• 1w ann1l1au ....... ,... .. _,.,., .. aa.ac11m: .._..._ ,,,.._.._.. ....... .. ,,: .... ·-· I I I I I I I I I I I I I I ' ' I ' An analyae ol parml .. ..._. lhat !hough ,-.I .. Yaltee wldely In lhe llUdy-...., ---·hold....,.. ,-.la,..., ol whim -adl-it to each ollw. 1hk _,aUmlnn ol -.W, .a,_.. I eaaler ill ... fulunt fw ••lclp .... eel ct.nlap 111 to ....... -ulll, ... roadwa,a, --pwc:.1-. eel ollw land -chanpe and -'-=•••• ....... -· I I I I I I I I I I I I ' I I I ' = CONSTRAINTS C LANDFILLS • UNREGULATED LANDFILLS i ... ._,., ::=t."=--.---C.:.~-· -r-0.,..-1 ' / a SLOPES OVEl 101' j :un,·no . / I : ) / 1-... _ ..... ! : , . / . t • i~--~-~~ I a 100-YEAA FLOODltLAIN ,...._ ____ ,__ __ .._....,._, ............................... __. ·-·~-,- I' "' " L.~.!.,. __ ._. __ ·-··, -' / ··-~Ma. I ! ··-· ···--"-- IOUlH l'I.A1'ff IW&I IIANTA Fl CORIIIOOR OPEN SPACE PLAN ................. • •v'MkriYU --·-._ hc:CaJ ,-, n • • ~~~~~~~~~~-~~~-~~~~ f!ifJ I llf}i,il 1•tlliJi I ltlf~!f!ti'r'liil I ill! liill til ri J~[ ~ lLrl1r{ tl r•t lrtJrI Jlt'lif'ill1f! Fi'F'frf!I ,, ?Ii f[(I iJ Lt ftff(ff f~fJl•1,i!Jlr rr~ tfffll liltll rl!f[ll ~ h1LJtlfl•J ~ jffl lh f I 'J ('f 9 l.lt rt IL .. ,.t• I f rfL · ~fi~' ! 1 rltl :ic.ililJ! [; Ql llf fLgf,1 ,Jr., [rfJ ,lrr~Jj f~ I I I I I I I I I I I ' -- •• WATER SERVICE -·-ENGLEWOOD -·-DENVEII. WATEII. ---~- . -- ,--~--. j\ta1.1 ... l {j .; , 10U1N 11\Affl N\1111 / IANTA Fl COMIOOII OPEN SPACE PLAN --· ....... --~--- • aad Ml«« rim: D I I I I I I I I I I I I I I I ~ -- P!PC«r 1«11dor T-Ggellcill prll¥ide wa11r _.. ID the 111,dy ar-.; 0..-W,,,_ • E11glewoocl W,,,_ DIIMct. 0..-W,,,_ ...... waw ID Shericla. Eiiglewoocl ._. • ..,., '-• ._.. on the ... llde of the "*, iult-" of Union---.,.._ ............ 16W .... In balh U.--' OJdard A--,-' two ... condulla In the-. .__ ........ the Odard..,..... ... . ....... wllh.., ................... CIIINlllly .... ~ln .... .,..._ID..,.,the .... ol-, ..... 11; ,nt .. ... 111,dy ............... the Iii ... ., o1 ................. _ ............ ~ ,...... ..... h, ...... 111,dy - R1it1u le; 1nt..W,....._,,..,,__.w..._•llat iiCIDIIL COlll-i:iae.itwllli ........ _.._..ID_IIOtCIIINlllly.._ _..il1l lalanfll---.1ap-,cindars1I ,..i~ .--.. thati.cw. wa11rrfghls-i ollw.,._ C1D11L ..... , .. -· I I I I I I I I I I I SEWER SERVICE -SEWElt LINE ---!YAU Ma -............. .. . --. .,.,.. .. l. .... ""· .... ___ _ • .ylllj H4«k river IOUn4 fll.ATIE IWa I SANTA l'E COIUIIDOII OPEN SPACE PLAN .. ., ....... _.,fl_ ; I ·---I ··-aiia . n ... "Ill ... ·"111 "Ill .... "Ill i1III 19 illll i9II i1III ... al illll i1III ,... ..... , .... 'lfff{j l lfli >>r111·· lllrLlE J 1t' ilf Jfll JlffLi f t'f tlrl lLI Jf!Jl' J 1lJ fJllit"I! fffrffJ, -~f ljf}(.IY ilf l il't L1J Jii r I I I - [ riJ·rs iJ1r[1 tft -fr ff i,••1L Lt 1fi J' 11IJ11· 1;. t I ~t] I f1f 11 11 !t i,, l'lll!JJ llifl!f fifi!f Jr.L l~J rlj 1t1~1J t!,t!(f 1irfifJ 111!'1 !l1fl!1i rtflilf lt!rf! l rJ~ [f utl ulf f !t~}~fl 'trirli 1111~1 thh, 11,fif •t urtJI 'l ff f I t ~ J r . . r f I JtJ JJ fsllr• lll 1: I · l:L rry l11f1r 1' [fs ,,~lr L••rtr ff ar !iir II I I I I I I I I • I I I Pi,,•s a,ul ,ro;,cts r'OJ>os•d a•d ••"-a, i• tlie strui, ar,a a.d vici•ity • • ••«• tMuu river ,, ·• • ARIA PLA,NS AND PROJICTS OllT-f 1'\ ArrE RIVER / S.\NT.\ fE coqR,o R OPEN SPACE PLAN ., ... ~~--·· , .......... . r,a,ui1 -o,1,n1eC11 D•v•lopfflef'lt (TODJ l'lan ............... , ....... , .................. .......... .. ... ...... . s ..... , • • $ .... , •• ,., , ............ . ~ .... ,. •t•''' South Plat t• a,.,.,. llecreat ,on ,,,,. (1995) .. , • .-, ,c:, .. ,.,,(li\ ,;.,. ... •1c o,.., C:•••• •···"t~1t,.~111 11l,,., A .... r·-,, ..... J ••'••-"-..i n, r,,,1 , • .,. .. 11 , .. ~,,,.,. ~ .. ~.,.. O•tui• '°"'"u, 1,114 , .. ,. ~"-11• ,..., Dr41..-•11•611 0, '-~,fl .. '\o ~+111 •' ,.,, .... c .... ~ ......... ~c• ,.,,,., •••• J ....... ., ............... ,. -,•~c, l<f.UI, IU l.:w•,a.,._,., ........ 1 ... 1,:,.,, A ""1•l •1 p,,,l ,+ 1 1111 , o,, c .... ""·'t•, al . , ........ "4q/ e •Chu '""-1••' Ce111enft l al 11,uit. ,.,, ..... "'· .............. , ....... . •••«•• •.• , •• 8t9 Ory Cte•" :;,~.:••I """ lr•••t• •••••• '""'°' Santa Fe Corrle10, a Oowntowft l11tl•1 on Stuoy ................. , .... ,., . ....... ... ..... . ~ .. ......... ,,., ...... .. ....... ... ···~···· ·~ ... II ' • • I I I I I I I I I I I I I --I • I I I l,aafefr- tl,e De•v•r Parlrs Mast,r Pia•, ZOOZ: loolri•t aortl,, Sa•ta Fe Ave••• pict•red /oa,er ritl,t All but the last two of theH proposal, have come to pau since the 1985 plan. As will be -. this Plan ...b to build on the prior plan', IUCCfll with an expanded scope of improv.MIIII that includes a dual trall aynm in the northern third of the atudy ar90 and impro-nb to the Little Dry er..lc/Oartmouth Avenue -· Recent Plana and Projecta In the past decade, other plans to improve the conidor have been cleffl oped, or are continuing. The Rgur.. on page 30 shaw -of these pr1* edl: In the vicinity of the r-ily built lighkail Italian and the Englewood City Centw, Englewood ii de,•laping a plan for ININit-orienlac •.ia,,-it. Such ralatiwly declN IIIU(H1IH de..lopment (housing. ollica, and rm!) would a-ate a need for improvad acceu to parb and open apaca. Another 1--.t plan for an adjoining -ii the Sonia Fe Caniclar and Downlown Lilllalon Sludy, COlllplelacl In 1999 for the Cily of Lilllalan by Cmlaa. In -lilnlar to those -in the study -of this Plan, Lilllaton', Sludy cala for illlprovad-. to parcals, including inlamal cir- culalion ralher than fronlage roods, and buffan an the rivw'1 edge. Two ~ c:onatruclad projedl include the new c.nt.nnial park impnw-• and the Ilg Dry er-Grwlway. A bridge C01•iec:ting the lig Dry er-trail wllh .... Plalla Ri¥w trail wil be camp!..d In N--,2002. Finaly, the r-ily complalad l>en'IW Parka Menier Plan (below Wt) erwillona a draaallc: upclftlian of parb and open apaca in the -just .-th of the Ullleton/Englew w-.--TNGlment Plant. Thia ~ pated •c--y ec..pu.• ii a mulkae facllily wilh paaiva and activa ,-tion -. lllval9d along the South Plah. Clearly, ...._ profacis and propaaala Nlablilh a precNallt for forward thinking and villan in the South Plalla/Sanla Fe corriclor. n.. Plan ..... to upior9 the impllcalioi11 of lilnlar thinldng in ill atudy -· _..,,.cc.• ZMZ. ' . .. .. • • ------------~--~-~- •tt'' l[fll~fL'f flf'~r ff' ij.Jst Ir! t •11 fl ,f111;1 r, , ''l'i1 r Jr1J11 JI u . f Lt t r l 1 tJ ff l r f il, l11.t~1lfl fftl ffJjJfrlff! I, jl Ji Lf lf 1 i~•~ ,Jlft1!fi . I I I I I I I I I I I I I I I I I I I PLAN COMPOSITE EXISTING PAllK.S AND GOLF COUllSE -lllVEll AND Tlll8UTARIES -NEW PAAKS ,2(. AREAS TO 8E PROTECTED • NEW TMILHEAOS <J lllVEll EDGE PED . ACCESS • llEDEVELOPMf.NT AllEA ,,, llEDEVELOPHENT AllEA llEQUllllNG llEHEDIATION -NEW PARKWAY -----EXISTING TllAIU -l'llOl'OSED TRAILS •••• ON-STllEET PEDESTlllAN CONNECTIONS ....... ....J ....... ------ • .10Mt6 Halle river • • j ....... I I I :uni •••· I ! , ..... "~ ···- 0 f / ·--·-... , ... ""'· .. t • • I I I I I I I I I I I I I I I I I I I Tabn loplher, .. ..._ C0111pCN•n of ...... ton. .. can p 111111 clo-.._.,_at let., .............. of ...... -• Wows: 0..-., a • .,_,.._,.. tliatcnalN......, oppaltullly r. ...... D ....... OII ....... parcaia; ...-weo ._ tral--tr wllh -1r• 1ada and dher ..--1 __ .....,. ...--1o._ mw...,w1111 _,. _._..,._ palm; e.--anc1 proe.c:t ....._ holilat111 ._ mw -'clor: u.-•·•lapa1ntlo .. mw~.....-,wllh·.-..... that--.-..... .. of._ mwrwurw by ,_,,lapa1nt. -· .. -· I I I I I I I I I I I I I I I I I I TRAILS AND CONNECTIONS EXISTING TRAILS NEW TRAILS , ........ •••• llOAD IMl'I\OVEMENTS I ' . ..... .....i.. •••. ==--- • awA eLe«tt river ~ \' :ut11 .... ! . ) ,-........ : I / IOUTH P\ATTE RIVER/ SANTA FE COMIOOR OPEN SPACE PLAN .......... __ ___ ,. • • .:·H ' ' :..:·...:( .. -·~··--iln. l'llOVIDE SAFE IIICE AND l'EOESnlAN ACCBSTOnAIL NfTWOU ,..,.._ ___ _ .. __ le--......... OllaNI .......... _., _,._ . JC--<111.- ____ .,,....,... ·--....... ........ -.,, ....... -·--... --.,, ---·-UNIC TllAILS TO 1l1DEVEL°'"91T SITES ,c-...,..., ___ _ .,,._____ ................... IHNOVE EXISTING TllAIL CONDITIONS , ___ ,_,.. ............ __ ~- .... &,,-CJ .. n • • I I I I I I I I I I I I I I I I TRAILS AND CONNBCTIONS The 5oulli Plah lti¥w 0.--, la _.., CIII eightlaot WIiie -- tral .,_... lhe lenglh al ... lludy-. The plan tM,1111 on !he-al thia lral by. lniprowlng ~ lo the tral alone Dcnioulh and Ollfarcl; llicrwint cqNIClly of lhe tral Mtworli by cnallng a .-ICI tral lhrouah --af ... .., GIN; Linldnathetra1Mtworli1o,..,1I J ,.-,..._ s.-alaltheac:llona--..on.._plaa_lle,.._1 ••• dlately. Slronger 11p11ralloa .._ tral and..,.._ trallc 117 • ... plaa at WtJ-•..._.wllla_......, ............ arother-- -. The awliwmd """• • claa at Daltlliaulh and Soulh Plalllt DIM rm lie...,__ A_...... grlMI _..., far wcAa,a and ia.-a- add capadly lo the ...... tral alaag • .......... Far n aam 1aded ...... _ lhw Edger,,..,,. '2-43. .... --· I I I I I I I I I I I I I I I I I I OPEN SPACE EXISTING OPEN SPACE • lllVEll AND TllllUTAlllES • NEW PAllKS AND TllAIL ~ AllEAS TO IE PROTECTED 9 NEW TllAILHEADS C) lllVER. EDGE PEDESTRIAN ACCESS ·-+---·· I ... .....1..- j ....... . I : aiTII &WI . I I ... • IOUTH fl\ATlW IINall l MNTA" CON11DOR OPEN SPACE PLAN ................. • •• MMk rivcr ·1'-.. INTIGllATE GUENWAY WITH REDEVUOl'HENT ,_.._. . ., __ -------PROTECT EXISTING HAalTAT a ... _..., __ • ---.-·-1---.... ........ __ . __ ., __ ... _ .. _ . ·---.. --. .....,.. ___ .,_ ........... ., .... --·--,_,....._.,_ --*DMllON"ENTAl EDUCATION FACILITY ----__ ,__,_ -ii..-~ ----...... ...... ENHANCE EXISTING IIUYR COUJDOA ·---,._...., __ ----.. _ .. 0-,C- .!!n. • • -L ~ .... _______________ _ UHJ ap·J r P 'flr fi !!{11111 ,lIJ1frt r11rr rrliril 1 ft.I 1-f Lssf-1. t.-tf ! J 'Ht i ~ h Ji Jf J I I t1 l i ii!f fllff} l •I~ f.lJl. lrr, Jll'i l tlfrf ii I, jf .. 1 1.!111 rt,, f1J }f f Ir 1 lt1' . s ff I if. It lf r t• J . ..1 r tf .rl rJl,. tsti.J <-, • I I I I I I I I I I I I I I I I I I I REDEVELOPMENT • 11.EDEVELOPl'IENT All.EA --- All.EA IUQUIII.ING 11.EMEDIA TION EXISTING AII.TEIUAL STII.EETS 11.IVEII. PAII.KWAY ...... ....J.. ••• I ••u"" I : ....... ,. I . ' ICN••u u1. (J ' 1 , i === ·} if-e1 •11·'·· ••. I / Of.ATE A 11.IVSl PARKWAY IUdla_...,... __ f · a::.---...-. ---IC ___ L_ DriN .... ,.,..,.. ~ ·-·-"' ---._.......,_,._ -·a.-.~ .... PROVIDE 11.EOEVELOf'MENT ON'OII.TUNTIES ·---.... -· .,.._ ... _ ---- {~ ;. ... 80UTH P\ATTE IWl!i. / lANTA ,E COMIOOII OPEN SPACE PLAN ..e'- D =-------~ ........ -~...., • ••" H4t'« riwc ' • • I I I I I I I I I I I I I I I I ' ,,,,_ nrrAllltMISdetiees RBDl1YRLOPMBNI' ARB.48 The ..denlaplMllt co1npo11•• of the plan ..... lo ..,.,.,. w lo exilllng ,_.,....., ....... their --ic vlcMly. The prilllary -. of-........ tWa II the c:nc6n ol a -IUww Pattiwa,. lMI propONCI road would pnMde a --, ro, 11ai...,.a1o.1 • ..._ to o-.-ir ., .... ,__ In the llucly--. ........ --allra. tl"9 for ..de, ilapa1nt. Redev-,•1M cnm In the llUcly ... Jal lnlo OM fll two lnad cal9' go,iN: .._ thcit-......., ... ., ... ---· __, claa ..... • thw that would ....... w-.-ol N1a1.lllll1N1 a partoltheir ..de, Ip ••.n..-.-o1"'•••lllllan,..._bapcdoiilar• wllclapend bolh _ ............................ _.....,,. the• Nola that ................ NI ••llllla1• 11 pai11c •-, wwl lhcilacl ro, canr1•1ra1on •.-.-•••hp ,.., the opN .-a••a-• ol the plan N1aam1_. tltat • lte olalaln.l ro, - paifdand. ... , ·-· I ··~ STATUS QUO TRAIL ii /' ' _____ .. ______ ................ _ I ......... _ ...... ..___ I ENHANCB> COIUUDOA I c.._.., ............. ---. ...... ..-...... -................ ................................................... - I I IUt GREENWAY ,_ ...... ,,, .............. __ ,,,_MIi.a c...a. ............................... I ·I 1'.tf IUVEAAC<:m ......................... c:---......... .-,,,. .............. ~ .... ...., ............... -----~ .... I I dlrnti I OPEN SPACE "FINGBS" ,,. ............................................ I ~ I 1111'1 11111 ...u1 TMIL REQUll9l9(T i I ·------·--4 ...... .., ..... _, ... ))ii tr :r I -......................... ) r • . , I us I • - I GOU'COUIUE ................................... ,, ........ ., .................. _.. • ,. .. , I • RIVER EDGE TYPES I • 111,6 ai.iu. d&.:11[ II II D a I I I I I I I I I (I ~ ' ' /Nll1I ,.,..,.,,da«ioes RWBlt EDOB TYPBS The'-' of the Soulh ...... mnldar ....... the lhw ..... lhough the mwtoclay lacla-,ofthe......, oaow-. • ...tlNn_.. CICNrilk of .. wlcl,..., ,_."that pat.... ... • J ,.._ of ................ -of ...................... ... gohandln"-lwllhlirpc._.far,........._ ...._a1Wt- .-'Cll~of .. o.-Jafarwwlcw aar•1 ............. Theupp1moll.._. a1WtdepicratheCllllcllcR1owlllcilitheAlwf Cc,pa of EngiMa'I ....... the._.. of ................ ,.,.. of loocl -*al. lmb -_..., .... lfpt'Cp • ... -•I I I • a onler lo OCIJnll .. ~I.,.._. ..... , 1 I ,... NaCMII of11w:. ...... 1o ......... ......_. ...... ,. .. , .... lo .. --of hclllct•.,.. .... Allhcutli ay ......._ of 1h11 _..,.. ..., t. c 1a•lrcd far licw • .... Rood Iowa In the ........ -.... •• of ... c:h....a lo cnaJc hclillal, ,_.. ..... ..., _, -c1cw-1o ... _..,. wyfarthemw-W..,1o,.. _.,,._ ahl1a1t-. -··=• -· r r 1· I I I I I l I l I l Ro/ti-, •"" lta,ui•I ... r V•ift Awt1u I I. I .. I I • aMl4Nf'««rlwr I I I I I I I I ., I I I I I · I I I ' ' ' implementation -making it happen linp-.lnlallon ii Cll'I lnlegral COlllpOlient of II.. Soulh Plale. llww Open Spam Plan. Wllhout a pradlcal and *alghlfai ward .,•,a I llabl .._ egy, the plan ... not llancl ..... c:hanm of..._.. raallly. n...ra... II.. MCllon prcwldea a .... rw .... .,a.-11a11o,,. whldi ..... on a r-uy ingr9clleilll: A juclcicM,a blend of toola that .. ~ •ippo,,19cl; WkPHangli11 paa1Ml'lhipl and coop•alloro, wllh clear l'll•an !Nu far al,.._. Prtcllllacl ...,._ ol .... and nut llapl; Gar-.d ww and i.-m11 d !om! funcla; and S..waidahip ol the Soulh Plale. llww and open .-Panda. 11iis MCllon ol the plan la arganlDcl m ccar611 lo the Rw. prilldpal lngr. dlenll ..._ Ant. t ,,__a .. ol CDPP int, •ippMNI tmphlWlla lion toola lo -lo ac:hleft the parb. open .-and trait .... _, lo help .-,k racle11!ap1 Int. S-.C,. t cleaat... ,_ the 0.. of mgl.woocl and Sheridan ""--ti lagall... and~ lo_.• wllh allier orgailizallolw. ...... PancloWMl'I,, and partnen In the - munlly lo..,_ and.., ... Soulh Plah llww Corridor. 1hlrd, t .... .... a ....--1 adlon plan In a graphic taWe Ion.at. Fourtll, t - ... ~ of funding the Plan and ._... general _, ........ Finaly, t olfwa w bCllic princ:iplee far rh9r •waicW,ip. 11iisl9dloil ... ,-.-the .... nalure of the plan. ...... Ntolgciala-,tab25,-sar-1o...ra!cl. IPpln I• naa, llartalowly,-' ......... d1p11d•11 •the nutgn,rallu lot.lali what _......, 0. .. .., ........... pl 111 •o -••II- • with ............... caopll'Clllalt,, • aci¥omcy, aoM._. .... _ .. _._.._. .... _lo..__. __ ....,_ Thal ii -hape. .,.,,:, .. -· .. .. • • • I I I I I I I I I I I I I I I • I ~' I u.re o iwlu;iou.s blend o{tools &f .. As the ~ corridor vision took shape, pamcipanll in the planning proC9SI (the Tatk Fon:e, landown.s and buaineu ownen In the corridor, and cily llafh) rwview.cl an utwM menu of posalble plan impemenlu· lion toala and actions. n.... ranged from educational and ~ al adlana, to r99ulatory reform, to llnandal toala and Incentives. Partic:ipanll lint educat9d them-'"• about these various toala. Then, cantldering relnant fbcal and political canatrainll, they Mlecl.cl a mix of toala and approaches that they r.lt comfot1able proposing GI high priori- ty acliona lo Implement the plan. n.. Ndion prwll the anfuly Nied- eel mix af tools, whldt c:ornprilN the heart of the propowt lfflfil-itallon llratagy. PRIMARY IMPLEMENTATION TOOLS It ii the ..... of the Plan that lmplamenling the parb, open .-. and trals compo11ent lead the Nql*-of planning adiona. ~. the Plan 9IICIIIUl'Clgel ......... lnlllallon of these ....... willm the lhort, term , .... than 1M ~,. moving toward ligllillcant achievement wltMn a 1M to ten y.. limeframe. Thia -ty pubic in,..im.nt in the •grw• el.-t of the plan shauld then .-a calalyst for laler publc/privale redevelapmetd effarts. Acconl119I), based on clsmllionl with the Tatk Force and oil.. ........... partlN, the Wowing -the parb and open space toala propowt for immediate exploralion and implemenlallon: 4_ ESTABUSH CRITERIA FOR PARKS AND OPEN SPACE LAND P RIORITIZA110N Input from the ~ indicaln a *'Oll9 le¥ei of lnlere• In cle,eloplng a proceu and alerla lo naluale and prioriliu parcels willm the com- clor that -dwned "high priority" in ..,_ of "-abllly lo Implement the plan. It would be helpful for the c:iliel lo iclenllfy such parcels should the c:hanm oppcll'1Unily lo acquire them arise. Sugg111ed ahria can be found In Appendix A, "<mrview af Pouible lmpleiwllallon Toola." B. ESTABUSH LOCAL DEDICATED FUNDING SOURCES Discuulon of local funding IOUfClel ii pre...i.d under the 'Paying for the Plan,• Sedion 4 below and ii also .,,_ied in Appendix A. C. ACQUIRE PARK AND OPEN SPACE LANDS AND 'l'RAIL EASEMENTS The local gov....-11 can lake prooc:IM action. -ty In the liming of the plan, through negotialionl and oil.. voluntary _. lo acquire a r.w by parcels along .. corridor for pen and open space ~ For example, ch:uulons during the planning pr-. •gg11t1d hit - land ad;acent lo the uitllng C.......W Pen. or located at the IICll1h end dose lo the E11glewood Cly Center or Bates Station Area ,,..-qually GI • ..,. Hf«« riua: B 0 .. .. t • • I I I I I I I I I I I I ' ' ' "k9Y" parceh, partlcularly f lhey wwe -•aide for comenliolial ~ ClplftMt (e.g., Rood plain ar IINply .loped landl). 1lie Taak '-aupports acqwlng by properties lo rellol"e the ,_., eclge and lum ~ Into .-parb, In NCOgllillon that, .... the...-, aaping -high priorly parcela ii a ..ry .,,.._-, lo Glllll9 plan laphm .. allo.L A. -andary apllan Is to uplore lw lhan r.. ..,._ acq1d1WaM, iuc:h • the purdlGN of re*kl9cl ea11a1nt1 ar claNlapnient ...... whim -,Id be ... COllly and IIICI)' be ...... for ..... land -that .. prapCIIN for -con...allan. but not recreallor.. (A.ppwlx A. dilaw .. -taus acqu'llllan lachniquN and appro«KMI). 0.-..... acquh landa th.y -...... pen and oplll .- illlpraWIIL hapra.-• "'tJ,A incWe widelag the ..... l'Ml'- front .-iway ~ INOllng .1g1tobn; -ldna with the Unlad Slatal ,_,, Corpe of Englwrl ID ,_.,.lop ..... _._ ..... a IIIICll'9 natura1--.-uctura1~ar.,.,._.1o.....,.tra11- liona lo adhlty _,.. NII ancl welt of the rhw ancl Santa Fe 1a1•1 _... l,1.. S7'RBNuniBN EJWlllONJII/Nl'AL PllUl'BC'/10N AND QUALIIT STANDARDS-Rmu DIMll.Ol'laNT STANDAIIDB IN LocAL CODB.S Pri¥ar. •.,lapin -ploy• ........, role In p1declil11 the rhw - riclar f clavalapa int pa1111111 ...-IIGlural -. 1lie dllel '- uprwcl -inllrelt ill _ ........ ··--eiwlnM--a pnilaO lion ..... lo ad.ailm ... plan'• gaala. In acldltioll, ...... -, wmltlo ___. IW'lialng pen •••catlan ,....--. and Impact r... to lnaw prhale •• • mdan of pcnland. ~ MAB THB SOUTH PLA.1TB TASI FoRCB A PBIUIANIINT ADl'lSORY Coltlllffl'BB Explcn e!dlnclng the ..,. ancl lundlon of the Soulh PlaNe lhw Taak '-lnta a graup that caulcl --plan h •In 1ntollon ancl ....- mw caniclar ••cwml,ip. ni. benellt of ... appn,adl 1a that It_..._. to ill¥al¥e ~In .. ,,_. f.. ESTABUSH A UST OP •owe~ WINS• °"9lap a RUIMllr ol ..a. hllpl1a1ntatln .._ M -adll..alde within a,rrent budfll pew .QII '''" lo -.. prajec:t la being ...... n.ll9d -and OIi O COlldnual ..... ,.,.. ... of._..._ ...... 0THBR TOOLS WORTH INYBSTIGAnNO A.a priarillN _, alllludll ahft -......... """'---.. w. lowing acldlllanal toola. n.. -nal ...... -...... prloltly' .... , .. -· I I I I I I I I I I ' I p , .............. •1 P 1 slllt11 SOI& ...................... ..... JD 1 J a.a.. .. , ... a ...... ,.._..,... ........... arcs ,..a... a..~ .... ............. a.....,, • ,., .... ........ o a ... -. ......... _ .......... _ C C .... ...... =---, .. . .. AIIII ........ ............ ............... ........... ............. ........... ................ ...... ....... -.......... ................ .. .. • ~~-~w•~-~~~w~~~-~~- ~{if }f !J Ji ! !f ! fj f 11 J t r ! ?I un'-lH Hlli'1'iH f J r 1 t 1t i I If • 1•1 •il rt•tJ !,. f i l It r L l I a -s t f ' . .. I I 11 II ---- • . . --• -a.. --c.--... ••••. °"-- c... c ... c.... c- c .. c.. c... c... • • • • •• •• • • • I • ----------------------_,,,,,,,._ ---------.......... ~ ------------· ·--- ~ ~ ~ ~ ~ ~ ~ ~ 11iJiJt;rflfJfl!l1 1lffJflt,,f . ft-'I , t. 1. f, r 1 11 •r11 u T~s I,rr!r I t~•I ''• f1t1 - I!~~. jJlj}ffn • t -1ri r 11 rL ~I i,rr1 I ,fl!·•1 lit ·p11 fl t~1• J• t • 1 -JtJIJP!t9r fJLrf~J t l 'i -1,,r, 1 ~ 0 1 tiur 1tHiH t i'!..11f lrtlJi.1 '~} f '1.; ••. tJ J f I If 111 f::-sJ1: JJtf i i r 1 r t I I 1 .- lt'!tf Ht1 ii ~-tri r1 HJir 1 -c,, l[ r l ta. I } 0 ]f f Jt !r ... l 1 ::-0 ti [ f f f 1 ,r J .. 1l ... ;;, . -. I I ' I I I I I I I I I I I COSTS SITES 11.EQUIIUNG 11.EMEDIATION ,__., __ ..,_ ................................ ------.... .. ...... ........_. .... _ .. ... ..... ~---·--:.:c:: ,'i .. _"_ C:..fl ___ .. _ ::e.,.=~-=- ... , ..... I•-- j · • -·•re1,l1wtee AWi . i .! / ---· . ..... ! 'fALI Ml I i I :UYII MIi. I iJ ' ; i·---" l••••u an. • " : .' ; !-·-·'!"!: .. -~~--...! ! ea.to~. i i. .. -.. ~ .. -•. .,. -.·· ! l · PAAK A ... "--a...--... -,,_ ·-·-·-TMIL SEGMENTS 11-1: -u ·---" ·---" ··---u ·---u ·- .llliliiil.il--4,+l~-.;._":""l"'_ OfllN SPACI FINGIAS ···-----,........ ··--a,. .... ~,--... -- PAlllt I ... ...,_.. a...--... - I ---..-~,i- 1 -.-.-=-.. ------':!It C I -... - 11'- 11.ll" ''"'"" ··--{~ ; ·~• M. IOUTM PlATTI IWIII / IANTA FE COflRIOOII OPEN SPACE PLAN --'-..\.--C...J ,- II !S"::'-· -................. • uet6 #411« river t • • • ~~~~~~~~~----~-~-- 1 111 !t111 ~1, . 1 rr fi11ittf r tJI 1'11 rr La if li •J ( tiJ J [Jf i4 i:f rt Lt I' l' t .• r1 i ,. ; • rJI I r la ,t l 111 ' i h I i lf If li .. I Fi't l . h r 'tt' '• r J[[ rlt r B tJJrrll~ f 'J th!t!tJt ltf IJIL f lrJJ Jthl1 f · r ] I l t JJ • r, 1, L 1 I -r t J i'.1 r rHH~t 4f } .. ~JJ[ltl f IL[ ini ltrlf1f .. : r{L jJ1 r • l Jt ttLJ \ • r t l l]l:s f · -111.1 l[r:9 1 l r ... ff~ [ I I I I I I I I I I I appendices The plan hw lhe South Plan. Ri¥w corridor canlan a mix al .._. lo ac:hi9¥e lhe llal9d goala. and apllts lhe corridor-alinolt ._.iy batw.. propoMd parb and open apace land -and largetN land -with --a .....,.,,_. patanllal that can COlllplement lhe open apace objec:tlvea. Grnn "'-• ow, caching goals and lhe pnl.rr..t phylical plan. -ha.. organized lhe poulble lmplem.ntallon tools under two major cal9goriel: Riverfront parb and open apace toola/appoac:h., and Ecanomlc: 'ftlallly and recle,elopiMnt toolt/appn:iac:h.. Under tt-major~ -cliacw the fallowing gwral calegoriel al toola: 1. Planning. Eclucalion/lnlonnaloi .. and OrgailizallolL The c:iliea may -' lo CDlllider _. lional and -foa..d plant. C11 wel CII eduoallon. ounach and ililonaalioft aharing. GIid ,,_. unlNr proar-lo ---the Soulh Plah Rhw Plan goals. 2. Voluntary or 1-llift baad Toala. I_._ may help enllce the pri'l'Clla Nclor lo wadi wllh lhe COIIIIIIUllillea lo adw¥9 balh the open apace/part and .....,.,,_. goals. 3. Prourama-~ and/or funded participallon In programa largetN lo adcliw .._ unique lo lhe South Plan. corridor and help lanclownei,. audl aa building rw+alion or ...... ing programs. can help balanc. any MW regulalory approac:hea and pn,+ide valuable educallan and re110UrC1e1 lo implement lhe fllan. ,. Acquililion. Purdiming open 1pac:a property alowa a c:ily lo ha.. IIIOC'9 conhl --and aclivllle1 and lo alow pubic --. '--It Is a CClllly appraadl. 5. Tarv-cf Public lmealfflMI. Initial ....... pubic ln+11tm 1nt Is -Wfl'/ far pubic agw:iel ID tab the lead GIid ..,... furtMr pmalil iffl'eaant. --'"",,.. lMZ. t • • I I I I I I I I I I 0 . 6 . Regulatory . Clliel IIIICI)' want lo CDnlide, ....._ CU1N11t ~ help or hinder 1h11 objeo ._ of the plan. and COMidar-.............. "" ........... that~ and..._ 1M emir"Ol-ilal and ..... qualillN of 1M conidor, and hit prO¥icle open lpOCI and pen lands. 7 . f'IIIGIICial Tools. Finclng and ~ cnalive and chrM funding pacbges wll help achi-1h11 daired de,,lapment and open lpOCI mix. To a large degree, 1h11 I.val of local fund. ing commilment wll shape 1h11 qualty and utwnt of 1h11 plan's implemenlalion. Riverfront Pads and Oben Stace: OVERVIEWOF POSSIBLE IMPLEMBNTA.170N TOOLS/APPROACHES Planning, Eclucallon/lnlormatioii, and Organizalion Addilional planning ..,. lo conlider ON 1M falowing llhe loala -naf '-cl in any order of prw, .,_ or priority): 1 IA) • Pr.pen a Citywide Parb and Open Space Plan. In adclllion lo uabllehlng dlywicle vlllon and goals, ltlia wll prO¥icle Iha badrgrouncl lludy and -ty.i. -=-ary lo establish legaly,def.,lible land decllcatla,, atandarda or Impact fw for parfia and open lpOCI in .... c:iliN. Such plan wl idenlfy and -.... dtr'• Cllff9llt --.IOly of open lpOCI and parb. calculal9 uilting i..ela of lrllca le.g., how inud, pen land ii avalable per 1,000 rnclents), and prO¥icle a planning and policy balia for the legWati¥e ellablthment of new lewis of lrllca lwhic:h may be greatw than uilting ln.i. of lrllca). 1 IB) -Identify Crhria for "High Priority' Open Space Parcels. [)-'op ahria lo iclenllfy by project parcela that -"high priorily" in *-Of their abilty to implement this Plan's open apace or all.-abfec:ti-. for UCllllple, It wll be helpful to ... c:Mes to haft ldenlifiecl audi parcela ahaulcl .... c:.hanm opportunity to acquire audi parcel .... Suggelled crileria for high priority parcela follow: High priority parcela -~ that: I 1 I -ac11-111o the Soulh Plalle RMr and included on ltlia plan. (2) -adjaclnt to alher pubic parcels. (3) --high lnllllc: de,1la,_. ._ or -lranllt orienl.d detelop.nt-(wdt QI Cily Cenler), (4) -larger conllguout parcels (e.g ., > 5 ac.), (5) -under 1h11 conlrol of a single -. (6) provide cotwiedion to 1M tralla ayalllm. and In are ecologicaly intact or conlain llltle Ille clatvrhonc:e; 1-disturbed pan:ela ore prer.r-1. lie. Criteria could also help cletennine 1h11 feaaibllily of a project, aa in the folowlng queationa: la the parcel libly to be cl.veloped or COl'IYertN to ana4h. ,,.. in the NN111diai. fuluret la the lando-molMlled to explore aeative financing oplonat la the coat of acquisition reaaonable (e.g ., at or dose to fair ~ wlue)t la th.a an opportunily lo l.,erage o"-ru..da or work wilh paitnenf Wil acquiring 1h11 parcel create unuaual colll or llabilliea (e .g., prior uae may ....,... dearH,p)t • wed MB't« rlva: ... ... • t • I I ' I I I I I ' I II lt II II \ I 1 (C) -ldenlify Addillonal P1111Mn. Identify "-ful range al -,niy par1Mr'I (pubic and pmai.) who may be alile to oullt the cilie1 with planning. ocquilillon and ~ al parc:.i.. l'9lloralon and rMr INciy projedl, and mainl9-and ll9wardahip , •.•• land lnltll, Corps al ~ Urban Drainage Dillrict, Nallonal Park Servlm • RMn and Trula C-vallon A..wanc. Prograt. local -Wllioil trun, mw -walion groups. .... wilclh and na1ura1 ,-agenc:iea, and prmi19 part. nan). S.. Appendix. balow. l(D) • Landoww Informational Program. Cilie1 can pro'lide eclucalion (« worlr wllh partnen) lo pro'lide pri¥Gle landownen wilh infonno. lion about, GIIIOft9 olher thinga. the CICMlllapl al lleWGdahip io-'11 .... ri¥w, innovala llllffll management appraacfiel, and donaling land°'-••-• (e.9-, lax and ellaf9 planning benellls). l(E) • Pubic Landt/Parb and Open Space Manag1inent. Ta -a caarclnalacl wag11M111 appraadi to Iha Plan'• ........ alb., the c:IIN wwld lab the lead in darifylng ~ .....-..... ainang Iha wrlaua pubic llabhaldan wllh - lapping juriadldlan in the carridar. In addillon. the dliel may lab the lead In inlpnMng and main, taining the ,_., emiroi-*il quality and flaodplain fundlana by -illdertnt the Wowing acliana: Conduct~ Canclllion A11111menll. ._. the nalural candlllana to ...__ beat ._,aguw• ..... for pulillc: lands along the ri¥w. 1Wa may lead to the iclenllllcmliaft al manag1ment d1111lllcalio111 ar ·-· for l'9Cftalion -nalural Of habilat --walion -11-lwo adi¥iliN may be In ~ if z--not c:i-ty eslalillahecl. DNignale Management z-ar Oauilcallans. Clemly ......... belww recnallon -, ..... -for higher illlelllly alt.-- and ful -1 and nalurat -(I.e., -for loww lnlanlly alt.--and -...ct ar _,,and ....... -glffle!II polc:ies that adclrw II~ adl'liliN in these •zonea.• COMicler Slewa.cllhlp: VolunlNr Prograllll and Clau-. Cllies may .. to ............. progr-. and worlrwlh _.., ....... to halp .-,ap (e.g., ·adopt a lral,. ar •mw ..._. • .-.-.Of tral ~ cad lrN planning). Cily can prcmde da.-(Of wort wllh pa,tnen) GI ... GI ...... YOMIINr pn,grw. Build on IUCICW al the uilllng Keep Ei.-ood 8-ilful .-er-. 1 (F) • Ettablith an Ongoing Soulh Plaltll Ri¥w Ad¥isory Commil!N. To auure lhat Iha Plan conlinlMI to haft '1ega• long art. I ii adopled. the c:liN .... .:onaicler formation of a cilizw ~ _..... thot wwld adviN Iha c:ily on planning and policy for the Soulh Platl9 Ri¥w Conlclor In Iha fulur.. For --,le. 'Iha comlNIIH could olw lludiecl adwce on code ...form, pubic ecluc:allon efforts, and -,ag11111nt lsw. 1M current Plan Tmk Foroa .... be an appropi iale alarting poinl to mine _.,_. for IUdi a commlltae. 1M c:liN ahoulcl COfllid. er, auch DI Ei.-ood haa done wilh other ..... ~ Glllgning Cl *1lf perWI GI 11 -for .. COlllfflillN. 1 (GI • Support Ongoing Pubic Educalion Proar-s- n-. -a wide varilty al pulillc: educallon proer-. lhat Iha dllel ,,..,. conlicler aller Iha Plan is adoplecl. In order to promotia Iha Soulh Plalle Ri¥w GI a ~ -.lily and bulcl a - .. •=,,,. llA2. <• t .. .. • • l ; • ..... .... ,.. .. Will ,_ ... ,... /1111 WIii .. .. ... 'lilillil .. ·-- *1ra1~1t~!1jt>~ 1§r~ 1~~lr~ Jt••11~s~~~ 7 ttt·;rl ,!'~~ Ji-t~ It: -Ji f~ .iaJ · rti?~ '8 i· ~ i ~ ,J { l l~ l I I l f' I i f !. ;· S. 0 't.f f 8. I J: J i S: I t 1· it~ r ~ -!I -:v ~ =-.. ]. a. i ·J 1. l = t f r _ ~lll'0 ~i~t1r · f ~!1 l1r 1Jt 1~rttt(t~l~ r{f·r1~1frlfit 1·fr l}J f!iJI t1ltit!t1t f i tL J~Ltf f Jh P-Ur lt 1!r f tl .ll ~ .sat~ •t[1;r. t1~fftL{tll!L t• 1ift rt~ifflii' ,dt~lu1(tE ll rth f rj!t ~ri HUJlHl,if 1t hU . !~i[U[i •• j ' • • .. f 0 i i lf§ •h--:-i[J }UH ~t ittH h: t ,.~ 1 ~i .. f 0 1 ~ !' : • ,. I i: f • 12 g . ht f ft ti ~ 1t l_: [ fa~ 1~' 1.! Jf f •' i; f li tl Is· 1l tf 11 f ii t I: ~· . I. 0 '0 '. • ------::: -;;;; . ---......... ..._.,.. _____ _ ~r 11•1 J'rft ,,; ttrJfi iJJi l!i r(I i t, r~ ntr llff h ! t l} Ir l n rll II L r ft_ ''IJ , t~ I • t .. ~ I, r I[ I l L If ·t'i r 'l t l1!1Jf 1.llt • r Jl•JJr , 1 1 fJl,;• lJ; l r. L1· • J Jl' iJI il f. r , ff jf~ 'IJt, j!i lrrf ttt ljf jl til lft~ ·fr Jj!! 1{1 it, rt t,lr fllJslf f}J[ilf ., tJf u i.1 tf:1 1·11tr!1 h u~ 1 ti t[ I f •1 11 l 1 i 'i IuL •JIUn l jl I ~-tt"'l L.Jtlsrr I 11 • f i r h f Ulii' i . •t l i lf1, ,f!lti I fl I l •lt 11 Jt1!1 1i i Ii L l I I I, t 1 l. s l t ' ' J J ' ' ~ 11 ~ II I (I ·• perc,ent. An ~ of 0.6 percant in Engl.wood', aalea tax rai. would generai. an additional $3,880,000 in annual-. (based on 2001 annual taxable aalea). The c:iliea may want lo consider polling vo'9n to clet.i,nine wilingneu to support a lomlly clediccncl -of fundlno for this project or to provide g~ open 1f1C1C8 funding . A dedic:at.d local funding -wll also en-. that the cilies hcr,e funds avm1able to leftrage other IOUl'CM, clelCribed below. Not.: Arapahoe County consider.d punuing a 1/.-nt aalea tax inaNM for the N0¥9111ber 2002 baUot lo finance open space pun:haMs in the county, but the county ~ clec:ided to table the balot propoaal for this year. 4(11-Annual Appropialions. If the cillea c:hooae lo not .,..-cleclimt9cl funding. eilll9I' for the ~ or for open space ocqui, lilion In gewa1. they may opt to mah annual appraprialio111, wt..r.by funding deciaions are made al each buclgel year and wll only occur lo the ui.nt moneys are awaable &om cun9llt racelpls (i.e., no publicly iuuecl debt oa:un). One way to blend this approach wlh a cleclicai.cl funding approach, and to -thal -funding la awaable for the project -IIIM, la lo decl- iQGl9 a certain portion of general funds (lhrough a capilal impia,-'t plan) each year for land acquisilion and to leverage other funding - 4(C) • P..-Stole and Federal Grants. In recent years, stat. and federal funding -hcrte becotM widely awaable for a variety of diff.r9nt 1ypea of projec:b, bolh for capilal and aperalia11al caalL The c:illea ahaulcl consider pur- llling gran1s 1o ac:qun land; re11ore mer bank ecology and ~ -, bulcl rea-.atian fac:11. itin such as lrails; and for other .-ing!y leas direct calll, audi as to prCIIIIOla pubic heallh through auldaor phylical acllvily and to provide auldaar arl. The fll'Wlllnent Calarada -of gran11 for parb and open space is, of c:aurN, G'9al Ovldaan Calarada (GOCO), which pnmcles gran11 for planning. land ac:quililiana, and facility cle¥elapwit aul of lhe llale'a laltary ,- GOCO cun9lllly pnmcles an annual appraprialion of $300,000 la Englewaad through lhe a. wwlian lrUlt fund for general parb and '909lllian prog,a.u.-ng and upgrada ~ of W. eral grant maney mighl lnducle the Carps of E,...... and lhe &.~ Praladian Aptq. Federal and 11a1a funds typicaly -.-.. a local maldi • utualy al leCIII 30'll. of lhe Rnanc:ial CCIII, ar •IMincf" matches, audi as llalf and wlunlNr labor. (Nola: Rlgaraua r.deral and 111119 ocqui, silian guidelines may apply when llling audi funds ta ac:qun land). 4(D) • Identify Priwt9 Grants and Partnen. Same ~ and nanpafit ~ provicle funding as w.11 as i.dirilcal as,·,:-la put public land prajecb tagelher. For u-,&e, the South Suburban Park and Recnallan Dillrict has establiahecl the South Suburban Founclatian to help fund prajec:11 r.aa..d la, but not chdly fundable under "'· distrid', million. Since the Diltrict is l'9lpCIMible for mud! of the phylical main- twnance of the South Platte River trail aya19m, a request &om Englewaad and/or Sheridan for grants to utwnd the trail/grwiway may lftMI wilh -favor . A(E) .,_ Other Public Partnen. n..,. a,. a wide YGriely af public entilies wilh a atake In the ~ heal:h and fundionlng of the South Platte Ri¥9, who may be imeresl9cl in the ecoil0fflie1 of scale adwwaWe through creallw portnenhipL The c:itiea ahauld consider a dialogue wilt, such palanllal par1Mn, Inducing but nal limihld to the Urban Drainage District and the Ci:iea of Denver and Ulllelaft, la uplare ia1nt .«arts to aecure funding for campalible parti, open space, and enwirm..-ulal quall:y goals along lhe river. A m<>del for audi effam is the ongoing GOCO legacy grant to Ada.ns Caunly and lhe Cly of Denver their planning and realaralion elfarta along ... -northern pa,11 of ... Saulh Plalle Ri¥9r. ••• ,. Hett, ri&ll[ ' .. .. • • - ' I J ' I ~ I I II. I 0 Economic Vitality and Redevelolnnent Tools; OVERVIEWOF POSSIBLE IMPLEMENTATION TOOLS/APPROACHES 5(A) • Updal. Cily ~ Plan a..-ts. Plana lhoulcl include the South Plalle lti¥er Corridor Plan 01 ......... 5(1) • Conduct More D.ialed Exilllng Condiliona and COllllrainla Slucly. ElllMr on a carriclaN,aas or more parcel,tpeclllc bmit, ... c:llies may front the cam al more apec:I, icaly iclenlf)1l'9, ca,tf••Nl'I, mwling, analyzing, and mapping uilllng parcal a-.ip, uilt- ing condilion al .. and buildinga, ...... and .. al public infralllvdure and ...... and - *aWI po1N by mown ellfflll-lJlal ca,iclllians (auc:h 01 aid lancllils and alh« COI .... ICllian). Sudi ..... may be helpful to enc:aurage ..... ..,_. by NClucing -tai,ity OIi the part al the privcn marblplace. Sudi analylit could be Mglled inliD a lluCly to ....._ whether the -quaa.. as a "bllghl.d or-.. OI defined by llala llalulal (CRS 131-2~103). If the-ii found to canlaln ca,idlliai11 al blight, the local urban -ai or _..nlap.-t aulharily may prapcn an Urban R...wal or Recl.,elapinent Plan. 1Ws II.. _.._ local jurilclic:tlona to: (1) Rnanc:. and fac:illlai. pubic illlpro,......,. through band. and tax ina...t financing (TIF); (2) acqun, _... and lranlfw property; (3) ute ca,._IClllan prac11dingl I wy (but only I lhe jurilcld!D111 "-to ewdle ... aulharil) -.y c:llel dlaON not to do IO); and. l"I prapcn relacallan plmia for local bu.ii-. (apn. only I lhe ;!riailclloo11 "-to pur.-.. aplian). C.R.S. §31-2~107(91(a). It ii llapoltantto ncie. ........ al the Tcllk "-and COlridar lanclaWMn '--lnclcaled thal ...ct., 1lapa1nt ..W be ~ ao concbanallan and relacallan aay not be appnipriala loola. but T.I.F. can be a UMful financial tool and -thal lhe di'/ ii !-.pl Ir ..... at ... o..al Iron Wora ..... 1lllpfflellt .... 5(C) · Recla, 1lap-• in Lais "-al Project. To dal., IUppClft for recl.nlap••• aloilg ... COlridar .,_.. to be b..d OIi a~ approach. 1hul, • ii lllOlt W, thal the,_., 1lap• •• elortl w11-,+ 11111• to audl al .. reglcnal open ipace and pen fonaallan. ,.. wlh pcm and open .-. • would be prudent for ... c:illel to cleV9lap crt.ia lhat rank pan:all in ..,_ al priofty for recl., 11 ap • •• in llght al-. Plan', abjectl¥el. 11ie ..,_ being that ...ct., 1lap• 1rf ii W, to --a audl lonpr tinle "-. c-appema to aupport a nning lyallM that would idanllfy hipw priofty --uilling or planned ac:tl¥lly or..._.__,., auc:h as ... &tfa•oocl Cily C...,/fOO --,, and _the Oxford/Scllllo Fe Om.~ TOO,_. _...,.or,-..d IIICljar pcm auc:h OI (........ial ,orl and ... &tfawoocl Cily Gol C-. 5(0)·1-Ca•• nic.ianwllh~Owwscad.,., 111 C°'*':ing to worli wllh COlridar prope,ty w cad bu± 1 111 lo idellllly "'9ir wdi cad plw may help ... c:llies idenllfy dilll wil wap to iRdla p,t.-l,n n r . CI uni d • _.. be in ... for. al a lonaal --, or~ .~ ....... inlonaal... IDFI ... , ...... ' .. .. • • -- I I I I I I I I I I ·• • • Not.: w. encourage the c:itift to seriously consider r..idential rede,,elopment GI part of any pro- poaed future mix of u-along the corridor, far !he folowing -( 11 a rnixecl4IM ,....,.. opmenl pahm may bettw aupport ollMr dt)' planning goals, and may fflCIU the --~ ic and attraclift far recl.,elapnent as well GI reaaallon uae; and (21 *one, etlal:lilhecl planning and legal bates tie pen and open space land cledicatlons and/or fN exactions to ,.lliclenlial development, which could -1i1e the cities to CICCOlllplish .... Plan', open space gaals without hav- ing to clirec:tly purciiaM GI mudi land. S(EI -lnt..ga,_ital AQrwnen1s rlGAa"I. Local go¥9l'NMllta -authariad to canlract with -analh. to do joint planning, provide lnfro. ltruclure, and lhar.. --. Citiea may WW1t to Nlablah IGAa, in partia,lar to acldrw lnfro. llnldure planning ~ joint ci-lopment r9¥l9w aiteria, and ........ of wvice clillrids. INCENTWB-BASED RBDEVBLOPMENT TOOLS Ta enmurage wlunlary priwll9 ilw911ment in the recl.,elop,wit ar-. !he c:llea may want to - aider the fallawing tools to pnr,ide incenll¥9a far de, ,I open in relum far profeda that flt plan objeo li¥ea and to _,,. that projeda do meet objectiftL 6(AI • O.Nlapm,nt ,_._ Cltlea have used a variety of det1laper incenlMa to adNft wunlly abfec:tl-. Expedhd r9¥i9w pr-. la GM auc:h ~. whereby !he r9NW ~ la aharter in the reel., 1l11p_,, -· RU011a19 to~ the prer.n.d -and mix of U1e1 "by right," rather than as~ al u-that would niquir'9 a !anger, -moi-1 pulllic '-int ,,-a, ia a way to expeclile !he procea. Expeclhcl r9¥l9w do. nat ...... mah aullay from .... dliel, but do. ...... -... wt al alaff tilM. Anolher type al incenti¥9 ia to pnr,ide "l,anua" denally to a de,; 1lapm1nt • in '9lurn far addllioiial public beMfltt. auc:h GI pulilic -to the riw9rfrant. acldlliaiial pan land cleclicallcM-. ar emirCll-ital prvl9dlon ahrts ~ !he ...._ ........... Fee waiftrs ore anolher __..,. uaect, wt... a dliy forgaea !he_.._ _and provideala.-:ial ...W to a de,,laper. 6(11-o-1apm1nt .,._ .... If c:ilies opt far n19 f I d ~ to acldrw ~ aellhellc: _._ and all.. quality --, deU1l1>11••nt ..--wl be ~ to lock in lhe neeallaled ..,_ wllh a deU1lal*'. ~trh, the c:ilies ihould ... aul 111ic11I-and proaaclur.. far lhe uae of deU1la,a1nt agi •..... to -important .......... nat -4aali.d. REGUL.41UltY TOOLS Pr.ceclng a -i.,,.io,-nt phase, the c:illes may want to COftlicler lhe folowing apllana: 7(AI • Refona Zoning Codes to~ ledeU1lap1111nt. _ Citiea ahcM,ld r9¥iew ultllntl zoning coclea to -they act-lhe Plan', ulllaal. recl..alap IMnt goals, Np9Ciat, in lennl al pel'lllillecl IMI, ....... and lntwillea of de. 1lap Int. Cillea may also conlider ,..,iatory incenh9a to facililaee and wap 19deu1I=, 1rt (e.1-, adcl- tional 6witlltN/FAl; ....._ r9¥l9w pr-,,..._..._ -......... and paili- ing ~ MOClflcaliall of 11ppl ........ and ... •1. 7(11 • o-lop 0...,. Slandorda far A..ihelic Ouallty. The c:illes MOY want to canlider buldlna deaip .... ar 911111 • to .-!he app 1ara- of the-. audi GI requir-* far lar 11 caplne, unhna....., allractM fw:ine, and - • eetA t#etk riwr ' • • I I I I l I I l I I - I ·I Ing of IIDrage IIIGl9riala and _.. -. Sudi llanclarde oould aho ~ or NqUkw •,_. entriee" or brwab In bullclnp to provide -to the riww, and provide "¥l9w corridon" or~ al -tD and ,,_ the rhw and the~ baclrdrap. ~ lhoulci be .. QI to their applkabill) to redevelopment and upantlonl of uilllng .-. QI w.11 aa to -cl.,,1lapmMt. 7(C) • o-lop ~ for Ri¥w ~ and Vilual OiN may want to auclt uilllng llanclarde tD ....... whall.. _,..._. for pecleman con, nedicNw -adaquae. wf*I appliecl alone the 5oulh Plalle rMr -.lor. N9w IIOI .......... de, 1lapment ahoulcl provide aiclewali conoiec:tiol11 to and "-the riww tlirough lheir prapei1iel aa ~lo_.. ..... pulillc-. alone-"parkways" and lnlarnal .... ~ QI w.11 QI a their pniportlanal9 ..... of the .-i•ay "aiclewali" along the eClll lide of the Soulh l'lall9 RMr, •.a-on the pr.r.,,.d plan *IIIIIM . 7(0) • Ellabllah an "El•.-.t 0-tay Dlllric:t." 11ie c:llel may Clllllider I Ila ...... an "EI .. ISR Cl Int 0-tay Dialrid, • to Ill forth -..lhllic COM'Ola, open .-cledlcallon ....,......, incanllft oplilllll, and CICX!W ,..._. al In a ..... .. of zoning llanclarde for ... -· PROGRAMS l(A) • ._,.. o ... lap-• t-Pragna. For uainple, ... Clly of Englnoocl Clll'Nlllly p,oviclea low for pri¥aN w:tar In,......,, inc:W, Ing a "llro-.'Wda• ,..,... loan ~ .,., ....... ~Proar-- n.. c:llel cauld Cllllllder-,,ina aut auch proer-, wllh ...... of llnancial a I I Pu-. ...... tory 1 11·111-, or~ TIF ,.._. ..;,be uad lo halp Rnanm ~ l(C) ....... .__... Pragna. 0.. may want lo CIOlllicllr a,,..._ tD -ciee ,..., •••• Ill prhall pnipartlN wllhln the carridar planNng-. For ....,a.,....._. .... ar low.,.. be_.... for ullriar bulding palnlna, ....-I fwiiig ....... ar ••a al a.tll l••1capl19 ........ Englawaocl has a ..... .___... ...... .._,,..._ far-*11111 alangthe 5alllli •aoclwa, carridar. Sudi a,,..._ oould alaa be clealgwl ma_..,._~ 8(0) • SlrNla and Slr11t1cap1 Proar--A...,_.,.,,..._ would be .... lo a bulding-.*-· ,...-. wh.. tlie d?y aay.,. wla funda lo do *NSlalpe 1111pra-• OIi prhall property, auch • aiclewali l'lpClir or the planlne of .... trw. n.. c:llel may want lo NqUkw auch r.pra,_. 11:rauah .....,lalory ._ darclamw.11. · l(E) • Spo,-« Spec:ial e-ia. n.. ciPies may aho want lo.,_. .... -* lo aSlract people and ---ta ... l'Mr CIOI' riclor -and prOMClf9 ... plan and .. .....-. T ARGETBD PU/JUC INYBSTll.m n.. dSiee -, aho want lo CIOlllicllr ... .._... ... 9(A) • Roocla and USl'llet/Signal Proiec:t • flulalc Ill I .. Int n.. dlles cauld pai1k:ip 1117i1 In lnandnt a lip leant proied. ....... alloal _._.....,. ..,_ INIIII and roocla, wllhln the carridar. Suda pniiedl -._ a pl t 1 • • a jalnt ,,..._ pn:t. ...... ,,_ -· ' .. • • ----~ -----'--._ -.~ ti lfi~ ~c !ti t 0 rj -!J-8ll[[i~ iii l7 l }£ tti[n •Jt7 Jr 5 1 [~ ll~ t I . l { [ C [ { [ l t I ; i f . ;· i f 0 • ! . ff l1 1 filtr rl;t ~r1tlf ~r1[ ,!~ !i {JIJ J~illt. II! !•tstlJlsl l( •j 1 a.ll rf t1 J tr I 11•,1• 11 Ll ll } ltmtf 1 · 1f tti l··il l,r0 i[ !l a. f l · ( LI a.J o r -4 r r l . t}ll • 1lfr11~ 1t l }i irJl ti 1filtllfsl .• i ft t!lt lt t{[f}tlt!I I lr r rflf 1° Jlt1J,1 J i t1 t'!' } tJlt!Jt -( tl ~11 1 '( r;i1r1~t f 1 !1 1.1.f r Jr~r •. rll [ fr~ fftlff! 111a ~f ( Uif l( rt~t Ill~ JiJf}(t tf!i Jt!f. iJtlflJ. flf ill· I ff 1. • lh 1 i:tri r t,r~ •rl f1 11l; 1111 la.t i !,ri ~-lfl tlr ,r 1rtl 1•1 1 t t Jh u t s J s I Jfa ~~ s· rl s1f irlfi !tH 1 f!t L!ltl tlti e,r r1.r1.,t 11J;i lri t111i f. ·1! "• ,· j; . ' • .. • . I. • • .-.c2il C JI _j • -· I I I I I I I I r I I 0 (J. functioning of the South Plall9 RM, who 1110Y be lnlwnl.d in the -mi. of amle achieftlble through creatM partnenhipa and joint da,, elopmenta. The c:illes ahoulcl COlllider a dialogue wllh such pol9nlial partnen, including but not lmhcl lo the Urban Drainage Dillrid, other ullltiN and .-ice ~ and the Cities of o.n-and Lllllelan, lo uplcn joint efforts lo --funding for compatible ~ goals along the mw. Appendix GRAN'I'S s.-al good -of grant ilif-onnallon -: Nalianal Recnalion and Pen A,aQc:iation, Grant lnfonnallon wilh linb lo "a-it linb for grants" (www.,wpa.org), and "Restoring Ri-franls: A Guide to s.led9cl Federal Fvnclng Sourma," by "'-ic:an Rmn (www.AmericanRMn.org). s--grant -inc:lude the following: Slat9: Gf9Clt Ouldoan Colorada • open .-. planning. wilcllh, trails. parb and r.aaalion funds-and COOT, Federal: T raMpG11a1ion Department, TEA 21 'fl"Mllon for fac:ilillea for peclNrianl and blcydea (odn.......-.d thraugh lfalia); lni.rior Department· Land and Waw eo.-wa11on Fund (olilained wilh congrwional auppcllt) and Nalianal Pen S...-Ri¥ws, Trula. and eo.-wa11on Auiataiice "roer-(RTCA); EPA· clean walw and i...torallon grants, lrownllelcl grants and auperfuncl ...cle,1IQpiwit in1ia1M (www.epa.p/llllp«fvnd/JJ'OllfGMlrecyd,,). EXIfflNGAND i'oTBNnAL PARTNBRS ArapaMe c_., Uitian Drainage and Flood Dillrict, L Scalt Tuc:br, EMallift Dnc:lor Soulh Subutt-Paiti and Recnallon Dillrict, Dawld i.-., EMallh9 Dnclor The Grwway F-dlllla.,. Jeff Shoeaabr, EuailM Dnclor Cly and c_., al o.n- ArapaMe c_.,, Julo I. Pulalc Ser¥ica Colllpany al Colorada , ...... ~ Coi,-allon Colorado Chaple, • "'-ml Soc:ialy al Lanclampe A,diilec:ls 0-. Falllly ~ Clean Waw Adlon, Myrna Policha Audubon Sociaty of GrNlar o.n- Sieml 0-Roc:liy M_._,. Chaple, o.n-Enwiroi--' Heallh U.S. EiwinN--' Protedion ,._., Region I U.S. Fcntt S... Roc:liy MOUlllaln Region U.S. Nalianal flan S.W:. "--Niu. Region and R.T.CA Soulh Mein» Land eo.-~ ti-Herllllge Sociaty, Gr-. Prall, b,,c. Dnc:lor Nelgleorhoocl Gnluplt Youlh Coi-wallon Corpe Localbu.- ....... :,. -· t ... .. • • [ LOCAL RIVERFRONT PAH AND RBDEYELOPMENT PROJECTS r CONTACT INJIORMATION: (Can be uJed GI models for ffte Soulft PlaHw RN9f' Cotrido, l'fan ... ,,,. menlafion) [ o.n-Soulh Platt. Rhw Project lar Chadwic:lr. Pana Departm.it, (303) 96,4.2500 [ St. Vraln ~. langnlont Paula lilzgeralcl, City al Longmont, Parb, (3031 651-8.U8 I Sand Cr... Regional Partnenhlp Amy Pulwor, Execulhw Dlrec:lar, (303) 393-7700 (MullifurWc:llana project that mat-Aurora, Adonis Co., AnlpcNe l Co., Staplela,i hd1 .. lapment Co,p.) Aurora PCIID and Recnalion Uncla Slrand, (303) 739-7160 Co-City Tom Ac.r, (303) 289-3758 0.-PCIID and Recnallon Didi Gannon, (303) 964-2500 Staplelon ~ Aulhorlly Dennis Piper, (303) 892..5725 I MoryCortw~ Lilllelon [ EINI Pen u,l,an R.-al Aulhorlly M Ander'IOII l OTHER CONTACTS: L Am.ican Rlv9n Walenhecla ,r.,._ khey Ollo, Sr. Dlrec:lar (202) 3A7-7550 x3033 l baltoOanwMn.org lob Seame1 re: Pu.blo, Trinidad and Mory Cort.~- Y Woockodr, South Suburban Parb and Recnalan I www.-waliollund.org ( • I I • Me'ttkacrfwr I ---,--:--i--,--,--,...~~:-----~~~ lfLJ-J~Slf ~Jl!fz1jJ 1~1i i tml~ 1 1 -1 l l r• li ! 1 .. f I i s . 1f1p1.r1 hrl-~,j1r JJ .. • ?t! 1.= . Hrillff fl!Uir11 l 11it rfri JJ lll l t t ll r }l r l t.r S-~ . SL Sf I rl ~ 9 J ~ f i': r1r~ ffJ,ti rl lfflJlJ r~~ 1t tl; .. ~•gt ~trf!t~f r1 li fli ti iltllr!f 111lss~iJ •1tt 11· ,t ·_ Jiilil1f 1r~Jfl~Ji ffl I ti - Ji rJJI fl lttf Jftr f .. t r ft· s I f 1. .. f 1 · 1 J I. I' 11 f 1 i Jfli.f f 1 I 1J 111 l1; !I" I· . .. ~ . . "• ., .. ! (·]~ .. ".·\l ~- ------'~ ---:--~. ~ ,---, -------~ ....... - rr}.12 '(' i i 1iil [J!lflLt ,,1 !!li ttlltflI f!I 11:i f[s l }f 1l! tLlt J1} 1 ll tll ilt, Jli l rJ JI! J~l er 1 ... ~ !pr 1'( r J} f I lrii 1• r [ 'i I f'rf r f Ji : . tl! t I' ! l(tr ,, r I fl l .Jrl 1.1 1ft' '1fltlfll'ft' ~ J]iff f1JJ•ttjrlJ· ! r1I i u i•· Ji' trf1 ,· l[lJ. i(i,ftli1it! f li [rl1 11 (l 1JffLilr ~,~ , l i J l a.ff l, 1 .. 1 • : lj; tf1•fl !iJtil 1·1 'til i}tst''trlrl 1' i I f f .. r I t , ri ~ 0 O. ... J:~f • ~ lit i!tilrtfriI1 l . .r I If ,J SI~ ,,,f t jrf 'i Jsflrlitt t ilJ ff litrJ sttJf . - -------------,._ ,--. _.. ----,__ -----. ---....... i -I I .,.. 1•1r1r ~r t}JiH rt !, tr rrfl fl i, n1t r ff if u1p1 tf 1 ,tt 1 ! .. r, Jt • Ji I 1 I 11,l f f Jl.-'" .. LlH f r l lll 1 J,f i If fJJi i' r. 1 • s t'" 1 f ~~ i i I Jr r l ii ~ ~ i llr•l '!fr (&I .. ,s11 lr9rif ~ ~ Ill l fit 1'' I r Jr l1J:h[ f " l1 ·f I r!~f H f i rt, i l'l l[ ~ ,1th i ,,,r r , Jdfl tH j~ I •rt ttrr.1 1 'di •f Hl! hH cnH Date July 21, 2003 INfflATEDBY COUNCIL COMMUNICATION Agenda Item nc1, STAFF SOURCE Subject Denitrification System Equipment and Services Purchase The l/E WWTP Supervisory Committee Stewart H. Fonda, Utilities Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Approval of the Planning and Capacity Assessment Study and the Phase 2 Predesign Project Report. RECOMMENDED ACTION BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Littleton/Englewood WWTP has a current treatment capacity of 36.3 million gallons per day (mgd) and 63,000 pounds per day of organic matter. Two primary factors have been identified that will require expansion of the present facility: 1) higher than anticipated population growth in the facility's service area and; 2) the regulatory requirement to remove nitrate from the plant effluent These two factors and the need for expansion were presented to both Littleton and Englewood City Councils at a study session in November 1999. , A planning and capacity assessment project was authorized as a result of d1e study session and Brown & Caldwell completed the project at the end of 2000. The results of the project were presented to both councils at a study session in February 2001 . Brown & Caldwell recon,mended increasing plant capacity to a nominal 50 mgd and discussed the need for nitrate removal that may result fron, the ongoing nitrate Total Maximum Daily Load (TMDL) study. Results of the TMDL are now anticipated in August A pre-design project was completed to identify specific plant components needed to expand the facility to the recommended capacity and include a denitrification (nitrate removal) system. The pre-design project also included the identification of the regulatory work required to obtain approval fron, the Water Quality Control Division and the Denver Regional Council of Governments, the 208 planning agency in the Denver area. As part of the pre-design project, a preliminary estimate of project costs was developed. The findings and recommendations of the Pre-design Project have been accepted and the engineering design stage of the Phase 2 project is now over 65% complete. Project cost estimates have been updated and refined as the design progresses. Brown and Caldwell and staff identified three denitrification systems that appeared to have the treatment process and demonstrated operating experience that could meet the project requirements. Initial design information a nd an installation list was obtained froni each vendor. Site visits to existing operating plants for th ese sys tems were conducted and one system was pilot tested at the l/E WWTP. A Request For Proposal was p re pared by Brown and Caldwell and price quotations were obtained fron, two vendon. Severn Trent Services and Odeo Degremont After review of the proposals it wu recommended by Brown and Caldwell to select Severn Trent Serv ic es (Tetra Denitrificatlon System) u the best system for the l/E t -~ -· .. .· • • • WWTP project. Based on this recommendation a final contract for supply of technical support services, denitrification equipment, and startup and testing services has been negotiated with Severn Trent Systems. The Severn Trent Services contract for pre-construction technical services, denitriflcatlon equipment, and startup and testing for the Tetra denitrification system in the amount of $3,080,300 has been reviewed and approved by the L/E WWTP Supervisory Committee. Of this total amount, pre-construction technical services in the amount of $150,000 are included. The pre-construction technical services to support the project design effort now underway by Brown and Caldwel are expected to be completed by December 2003. The remainder of the Severn Trent contract amount of $2,930,300 is the negotiated price for process equipment, startup services and testing that will be provided to the Phase 2 construction general contractor to construct the denltrification system. The payment of the $2,930,300 will be made through the construction contractor to Severn Trent as equipment is delivered, installed and tested. FINANOAL IMPACT The cost of the Dentrification System Equipment and Services is $3,080,300, is a capital cost and wtl be split 50/50 with the City of Littleton. Funds to complete the pre-construction technical services are included In the 2003 budget UST Of AlTACHMENTS Agreement for Vendor Services and Equipment with Severn Trent Services - AGREEMENTFOR VENDOR SERVICES BETWEEN SEVERN TRENT SERVICES AND CITY OF ENGLEWOOD FOR SUPPLY OF DENITRIFICA TION FILTRATION SYSTEM THIS AGREEMENT is made and entered into effective as of the day of 20 _, by and between the City of Englewood, hereinafter referred to as "CLIENT," and Severn Trent Services, a Pennsylvania corporation, hereinaftc:r referred to as "VENDOR." WHEREAS, Client is authorized to and desires to retain V cndor to provide consultation during design and construction, and supply system components. for the Dcnitrification Filtration System as specified herein for the Littleton/Englewood Wastewater Treatment Plant (LJE WWTP); WHEREAS, the Cities of Littleton and Englewood (Owner) jointly own the llE WWTP; WHEREAS, Vendor has available and offers to provide personnel necessary to perform the desired services under this Agreement; WHEREAS, the Client has entered into a separate agreement for engineering consulting services with Brown and Caldwell, hereinafter referred to u .. ENGINEER"; WHEREAS, the Client shall enter into a separate agreement for constJUc:tion services with a general CONTRACTOR, hereinafter referred to u "CONTRACTOR," NOW, IBEREFORE, the parties hereto mutually agree that the work specifically to be provided by this AGREFMENT is to provide services associated with the Denitrification Filtration System for the Littleton/Englewood WWTP as defined in this AGREEMENT. I. THE VENDOR AGREES A. To provide the various technical and professional services, equipment, material and transportation to perform the tasks as outlined in SCOPE OF SERVICES . B . To attend meetings with the CLIENT, ENGINEER, and entities as necessitated by the Exhibit A -SCOPE OF SERVICES. C. To make available during regular office hours, all reports, calculations, sketches, and drawings the CLIENT and/or ENGINEER may wish to examine periodically during performance of this AGREEMENT . D . To comply with all Federal, State, and Local laws. ordinances, and regulations applicable to the work. P·\Da1a'GEN\l.11lcn1121767\22 Den11nf1tat10n\Scvan Tm11 Denite\Cm,nct A&Rmm!t S..... Tr1111 Fhal.dac t .· .. .. • • E. To accept compensation for the services herein described in such amounts and at such periods as hereinafter provided and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with this AGREEMENT. F. G. To complete all work described in Exhibit A, the VENDOR shall not be liable or held responsible for delays occasioned by the actions or inactions of the CLIENT or other agencies or for unavoidable delays beyond the control of the VENDOR To save and hold harmless the CLIENT and ENGINEER against all suits, claims, damages and losses for injuries to persons or property to the extent arising from or caused by negligent errors, omissions or acts of VENDOR. its agents, servants and employees, or SUBCONTRACTORs, occurring in the performance of its services under this contract. H. Covenants and represents to be responsible for the professional and technical accuracy's and the coordination of all designs, drawings, specifications, plans, and/or other work or material prepared and furnished by the VENDOR under this AGREEMENT. VENDOR further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by VENDOR. its agents, employees and SUBCONTRACTORs, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions. I . To procure and maintain such insurance as will protect the VENDOR from damages resulting from negligent errors, omissions, and acts of the VENDOR. its agents, officers, employees and SUBCONTRACTORs in the performance of the professional services rendered under this AGREEMENT and for which it is legally liable. Such policy of insurance shall be in an amount not less than $2,000,000 above a self-insured retention ofSS00,000, with claims based on per occurrence. In addition, a Workers' Compensation and Employer's Liability Policy shall be procured and maintained. This policy shall include an "all state" endorsement. Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment which, for any reason, may not fall within the provisions of the Worker's Compensation law . The liability limit shall be not be less than: -Workers' Compensation -Statutory -Employer's Liability -$500,000 each occurrence Further, a comprehensive general liability policy shall be procured and maintained by the VENDOR to insure the VENDOR. the CLIENT and the ENGINEER against all claims arising from injuries to persons (other than VENDOR's employees) or damage to property of the CLIENT or others arising out of any negligent act or omission of VENDOR. its agents, officers, employees or SUBCONTRACTORs in the performance of VENDOR ~ervices under this P \DaialGEN\Lnlm1\2 I 767\22 Dm1b'1fi<1rionlxvml Trent Oenitc\Connct A.,.._ Seven Trent Final .doc AG REEMENT . ' • • - ). AGREEMENT. The liability limit shall not be less than $500,000 per occurrence for bodily injury, death and property damage. Satisfactory Certificates of Insurance shall be filed with the CLIENT and the ENGINEER prior to the time VENDOR starts any work under this AGREEMENT. The VENDOR shall furnish the CLIENT and ENGINEER copies of all insurance policies or certificates of insurance that relate to the insurance policies that must be maintained thereunder. To designate a Project Manager in writing for the coordination of the work that this AGREEMENT requires to be perfonned. Any change in Project Manager shall be approved in writing by the CLIENT. Failure to obtain approval, for whatever reason, shall be cause for tennination of this contract. K. To notify the CLIENT and ENGINEER of any change to the AGREEMENT or AGREEMENT cost. and obtain written approval from the CLIENT before proceeding with the work. Any work performed by the VENDOR without written approval shall be at the sole risk of the VENDOR. II. THE CLIENT AGREES A. To furnish the VENDOR for his use all prior available data developed relative to the proposed facility including applications, reports, design calculations, drawings, descriptions of existing facilities, and pertinent correspondence with State and Federal agencies. B. To provide right of entry for VENDOR's personnel .in performing field operations. inspections and measurements after proper notification of CLIENT. C. To perfonn and furnish all testing required, with the exception ofperfonnance testing, by plant personnel and furnish all data developed from the testing. D . To review all preliminary submittals from the VENDOR and to transmit any suggested n:visions, modifications or changes to be made . Such submi'ttals may be delegated to the ENGINEER by the OWNER as defined by a separate contract with the ENGINEER. E. To pay the VENDOR for his services in accordance with the requirements of this AGREEMENT. Ill. THE PARTIES HERETO MUTUALLY AGREE A. That the right is reserved to the CLIENT to terminate this AGREEMENT at any time, upon written notice, in the event the project is to be abandoned or indefinitely postponed, or because of the VENDOR's inability to proceed with the P·\Oa11'GEN\Li1kn1\ll767\22 Omimfica11onlSOVffll Tnnt Denite\CCllhct A ...... I Se-,, Tnnt fiMl.dOC t •' ·~ .. • • 0 B. work, or because the services of the VENDOR arc unsatisfactory, PROVIDED, however, that in any case the VENDOR shall be paid the reasonable value of the services and as~iate equipment rendered up to the time of termination on the basis of the provisions of this AGREEMENT, but in no case shall payment be more than the VENDOR's actual costs plus a reasonable profit. That reproducible originals and digital computer files for the final engineering plans and other pertinent drawings, project calculations, and documents pertaining to the project shall become the property of the CLIENT upon completion or termination of the VENDOR's services in accordance with this AGREEMENf. VENDOR shall be aJJowed to retain copies of all PROJECT related files and documents. CLIENT is cautioned that the accuracy of electronic computer files and CADD documents may be compromised by electronic media degradation, errors in format translation, file corruption, printing errors, operator inexperience and file modification. VENDOR will maintain the original copy which shall serve as the official archived record of the electronic and CADD documents. CLIENT agrees to hold harmless VENDOR from any claims arising out of or relating to any unauthorized change or alteration of electronic copies and CADD documents. C. That the services to be performed by the VENDOR under the terms of this AGREEMENT arc project and site specific and cannot be assigned, sublet, or transferred without specific consent of the CLIENT. D . In the event of unavoidable delays in the progress of the work contemplated by this AGREEMENT, reasonable extensions in the time allotted for the work will be granted by the CLIENT, provided however, that the VENDOR shall request extensions in writing giving the reasons therefore. E. It is further agreed that this AGREEMENT and all contracts entered into under the provisions of this AGREEMENT shall be binding upon the parties hereto and their ,successors and assigns. F . If additional work should be necessary by virtue of a major change in the SCOPE OF SERVICES, the VENDOR will be given written notice by the CLIENT along with a request for an estimate ofVENDOR's fee for performance of"sucb additions; but no additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly G. entered into by the parties. · N either the CLIENT'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the VENDOR under this A GREEM ENT shall be construed to operate as a waiver of any right under this AGREEMENT or any cause of action arising out of the performance of this AGREEMENT. P:ID11a\QEN\U 1Jen112 l 767122 O...i1nfica1ion\Scvem Trmt Denitc\Contf.ct A.,_t Snom Tlat 1"11111.doc .. t -· .. .· • • H . It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof as a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract. IV. SCOPE OF SERVICES The detailed scope of services to be provided by this AGREEMENT is described in Exhibit A titled "Scope of Services." V. SCHEDULE The schedule to be met by the VENDOR in this AGREEMENT is described in Exhibit B titled "Schedule of Vendor Services." VI. COMPENSATION The CLIENT agrees to compensate the VENDOR as described in Exhibit C titled "Payment Provisions." VII. VENDOR SUPPLIED EQUIPMENT The VENDOR agrees to supply equipment under this AGREEMENT as described in Exhibit D titled "Vendor Supplied Equipment." Changes and/or modifications shall be allowed on a negotiated basis with a not to exceed l 5- percent mark-up above the equipment net cost. VIII. DENITRIFICATION SYSTEM PERFORMANCE VENDOR agrees to guarantee the final d enitrifi cation system performance as described in Exhibit E titled "Denitrification System Performance and Warranty." IN WITNESS WHEREOF, the CLIENT and the VENDOR have executed this AGREEMENT as of the date first written above. P:\Oa1.1\GEN\I.Jtlm11ll767\22 Oautrification\Sewm Tm>t Oanit'COfttnct A.-,-S..... T,_ Final.doc AGIIEENENT •• • .. t _., •' ... • • SEVERN TRENT SERVICES CITY OF ENGLEWOOD By _____________ _ By ____________ _ Name.~-------------Name.~------------- Title _____________ _ Title ___________ .,..... __ Date. _____________ _ Date. ____________ _ EXHIBITA SCOPE OF SERVICES I. Design Phase Services During the design phase of the project, VENDOR agrees to support ENGINEER with the following Engineering Services to the satisfaction of the ENGINEER: A. Provide Process Instrumentation and Flow Diagrams (PID) drawings of filters, backwash systems and methanol storage and feed system using Brown and Caldwell (BC) symbols and standards; B. Provide filter installation drawings, M300 through M304, thaJ show all features of the filter internals for design; C. Provide design information and assistance on filter mudwell and clearwell designs. D. Provide review and comment on ENGINEER's technical memorandum, correspondence, specifications and drawings. VENDOR bas already SUJ>Plied a sample specification for the VENDOR supplied equipment. VENDOR bu already supplied a typical general arrangement drawing of the filtcn and methanol storage and feed system. E . Provide equipment cut sheets for development of piping drawings. Cut sheets will be equipment detailed in Exhibit D, u modified by mutual agreement between the VENDOR and ENGINEER. F . Provide control panel outline drawings using ENGINEER's symbols and standards. G. Provide methanol tank design drawing(s) using ENGINEER's symbols and standards. H . Provide programming assistance and review, answer questions and provide support, inc luding SPEED BlJMPDI and TETRAPaceDL software routines. I. Provide electrical information, data and submittals to ENGINEER for incorporation in Electrical Operation and Maintenance manuals. J . Provide detailed process description, to the ENGINEER in writing. including complete denitrification system including the filter system and methanol feed system. t • • -- II. • K . Provide design data backup information to the ENGINEER in organized binder fonnat at the completion of the design phase. Design data infonnation shall include all applicable engineering calculations and assumptions, including those for Process, Instrumentation and Control, ~lectrical, and Structural design if performed by Vendor under this contract. L. Attend the workshop at the ENGINEER's facility on February 5th and 6 1 \ 2003. M . Attend one additional two-day workshop meeting at the ENGINEER's facility. The schedule for this meeting will be determined at a later date. Field Services A. VENDOR will furnish the services of a qualified field representative to instruct operation personnel and advise on filter internals installation and start-up. This proposal includes up to the following: B. 40 man-days in up to 4 separate trips for installation assistance. 20 man-days in up to 4 separate trips for start-up and operator training. 4 man-days in I trip for process assistance in start-up. 2 man-days in I trip for process follow-up within 6 months after start-up. Additional VENDOR services can be purchased if desired at the rate of $850 per day (10 hr/day max.) plus reasonable travel and living expenses. C. When the VENDOR field representative arrives on-site at the time requested by the CONTRACTOR, CONTRACTOR and VENDOR will coordinate to ensure all equipment must be ready for work to begin. If equipment is not ready then CONTRACTOR will be responsible for VENDOR's standard per diem rate, plus reasonable travel and living expenses. D. VENDOR will provide (5) copies of the Operation and Maintenance manuals in final fonn. Three (3) copies of the draft O&M manual arc to be submitted a minimum of 90 days prior to startup. Final Operation and Maintenance infonnation will also be provided to the Client in digital format for incorporation into an electronic operations manual . VENDOR will provide ENGINEER with electrical infonnation for incorporation into final Electrical Operation and Maintenance report provided by ENGINEER. E. Training sessions may be video taped by the Client for the express purpose of Client training for operators. F. The VENDOR shall perfonn water quality testing under flow and temperature conditions approved by OWNER at an independent certified lab .. Sampling equipment may be supplied OWNER and approved by VENDOR. EXMIBITA ' ... . ,• ; . • • ill. Professional Stamping of Documents A . All final construction documents provided by VENDOR must be stamped by a Professional Engineer licensed in the State of Colorado. Each discipline area shall be stamped by the appropriate professional (i.e. electrical designs will be stamped by a professional Electrical Engineer licensed in the State of Colorado). EXHIBITB SCHEDULE OF VENDOR SERVICES I. Design Pllue Services A. VENDOR representatives will participate in an ENGINEER/CLIENT workshop held February 5111 and 6th, 2003. B. VENDOR representatives will participate in a second ENGINEER/CLIENT workshop to be held at a time to be determined at a later date. C. Design services are anticipated to occur between the date of Notice to Proceed and December 5, 2003. D. VENDOR will supply P&ID drawings to the ENGINEER by January 30, 2003. E. VENDOR will provide 30% Contract documents to the ENGINEER by Marc:b 7, 2003. Submittal infonnation will include drawinp, specifications, cut lheeta, detailed process description, and requested technic:al memorandum input. F. VENDOR will provide 60% Contract documada to the ENGINEER by July 7, 2003. Submittal information will include drawinp and apecifiemam It a 60- 90% level of completion. G. VENDOR will provide 90% Contract Doc:ummts to 1be ENGINEER by September 25, 2003. Submittal infonmliaa will include drawinp and specifications at a 100% level of completion, llllicipaliDa only c:blDpa occunin& based on comments by the CLIENT and ENGINEEJl. H. VENDOR will provide 100% Contract Documada to the ENGINEER by December S, 2003. Submittal information will include dmrinp, tpeeificatiom. and other associated documents at a 100% level of c:amplcban. Thia submittal will have 90-1' review commcnts fiom the CLIENT and ENGINEER incorpcnled into the contract documents. and will be II.Imped by the appropriate (correct discipline) Professional Engineer registered in the State ofColondo. II. Constructioa Pltue Services and Eqalpmeat A. VENDOR representatives shall participate in a pre-c:amb'UCtio meetma following award of construction c:cntract. B. VENDOR shall provide S copies of equipment and mallriall lllcip drawinp 10 CONTRACTOR no later than 4 ween afts pre-c:amb'UCtio ....... C. VENDOR will deliver equipment to jobsite, fabricated items and filter media no later than 16 weeks after shop drawing approval by the ENGINEER. D. VENDOR will provide assistance, review and support for programming by ENGINEER. IDDar1'1 • I. Total Compensation EXHIBITC PAYMENT PROVISIONS For the services described in Exhibit A "Scope of Services" under this Agreement, VENDOR shall be compensated a not to exceed a sum of $3,080,300. Disbursement of funds will be u described below. If at any time VENDOR believes the cost shall be greater than the amount listed above, u a result of a change in the intended scope of services, VENDOR shall notify the CLIENT and . ENGINEER in writing. The notification shall state the revised cost estimate, the revised time for completion, and the reason for the revisions. Client shall not be obligated to reimburse VENDOR, for costs incurred in excess of that listed above, unless CLIENT agrees. in writing, to do so. VENDOR shall not be obligated to continue performance under this AGREEMENT for out of scope services. or otherwise incur coltl in excess of the original amount for these services, unless and until the CLIENT notifies VENDOR. that the approved cost bu been increased. II. Dlsb•neme•t of Fuda CLIENT agrees to release pre-construction payments directly &om the CLIENT to the VENDOR.. CLIENT agrees to direct ENGINEER to include dircctiom in the project contract doc:umada far the CONTRACTOR. to include VENDOR.'s CODltnlc:tion Compemation in the CONTRACTOR's bid. VENDOR will receive construction compensatiod by the CONTRACTOR via monthly progress payments. Disbunement of ftmda to VENDOR. i1 net 60 days after invoice depending on CONTRACTOR's invoicing. Disbursement offtmds to the VENDOR shall be u follows: Design Phase Service Compensation: S 150,000 50"!. Upon submittal and ENGINEER's written acceptance of mechanical. electrical and instrumentation and control contract docmnentl for inclusion in ENGINEER's 60% Denitrification submittal. 50"/e Upon submittal and ENGINEER's written acceptance of mechanical. c1ectric:aJ and instrumentation and control contract documents for inclusion in ENGINEER's Final Phase 2 Bid Packqe . Construction Phase Services and Equipment Compr,nurion -$2.930.lx, 85'1. Invoiced through CONTRACTOR. 's propeu paymcnta far smvic:cl performed ar upon shipment and verified by Ensinccr that malCrial and equipmeal ii lbipped. received and suitably stored on-site II the Li~ WWTP Cll' • CONTRACTOR's designated storage site (Jess retention). Invoices shall be submitted to the CONTRACTOR and payments shall be received from the CONTRACTOR. 15% Invoiced upon completion of start-up, Testing Services and certification of perf onnance guarantee. III. Supplemental Acreements When requested by the CLIENT, the VENOOR will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to: · A. Consultant or witness for the CLIENT in any litigation, administrative hearing. or other legal proc:eedjngs related to the PROJECT. 8. Additional design services not covered by the scope of this AGREEMENT. C. A major change in the scope of services for the PROJECT. If additional work should be necessary, the VENOOR will be given written notice by the CLIENT along with a request for an estimate. No additional wort shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the pames. EXIDBITD VENDOR SUPPLIED EQUIPMENT I. Manufacturer List VENDOR agrees to use \he following equipment manufacturers. Other manufacturers may be accepted upon approval of the Client and ENGINEER: A. Positive displacement blowers (Backwash air and Aeration Air): Dresser -Roots,. Gardner-Denver. B . End-Suction Centrifugal (backwash pumps): Fairbanks Morse C. Horizontal Non-Clog (mudwell pumps): Fairbanks Morse, Patterson, Morris D . Instrument air system: IngersaJI-Dresser, Champion, Saylor-Beal, Gardner Denver E. Butterfly valves: Pratt, DeZwik F. Double disk check valves: APCO, Clow, Val-Matic G. Plug valves: Pratt, DeZurik H. Swing check valves (methanol service): Powell, Val-Matic, Muller, Golden~ Anderson, FJomatic, Singer J. Carbon steel ball valves (methanol service): Jamesbury, Watts, Apollo J. Gate valves (methanol service): Powell, Nibco, Stockham K . Thermal dispersion type flow switch: Fluid Components Inc. UniProbe, Flow Technology Inc . Model 12-64B, or equal. L. N on-Merc ury float switches: Kobold Model NNE, or equal. M. Pressure switches: SOR Inc . Static 0-Ring, Mercoid Series JOO() or equal. Switch housing shall be cast aluminum rated types 3, 4, and 7D per NEMA ICS6. N. Air pressure control valves : Crosby, KunkJe 0 . M e thanol feed pumps: Watson Marlow / Brede) EXH8HTD ' .. • • ' • P. Ultrasonic Level Transmitter with remote display: Endress &Hauser, FMU 40/41/43 with FHX 40 display and F12 transmitter with Profibus PA, and suitable for Class I, Div I and 2 hazardous locations. Q. Combination flame arrestor/pressure/vacuum relieve valve: Van:c, Groth R. Methanol Flow Meters: Endress & Hauser s. Water Quality Analyzer: Chemscan T. PLC: Allen-Bradley u. Pressure Gages (Liquid Filled): Ashcroft Duragage 1279, Ametek 1981L, or equal V. Hydrostatic Level Transmitter: Endress & Hauser Deltapoint DBS2A. with Profibus PA. W. Pressure Transmitter: Endress & Hauser Cerabar S PMC 731, with Profibus PA. X. Diaphragm Seal: Ashcroft Type 101, Mansfield and Green Type SG, with 316 stainless steel body and 316L diaphragm. Y. Valve Actuators: Rotork or Worchester II. EQUIPMENT DESCRlfflON VENDOR will supply equipment, materials and services for eight (8) 11 '-8" x 96' -0" Tetra DeepBednt denitrification filters for the Cl!.IENT in Englewood, CO. This Contract for VENDOR supplied equipment is in accordance with the specifications and drawings of the VENDOR and ENGINEER. Equipment to be supplied includes the following: A. Filter Mec:banical Eqaipmeat 3 2 Backwash Air Blowers Positive displacement rotary lobe type, 3360 icfin at 12 psig 300 HP ODP motor, mounted to a framed usembly including inlet and discharge silencers, weighted pressure relief valve, and flexible COM«tors. A vent silencer will also be provided for location indoors or outdoors. Free field noise generation will be about 100 dBA. The VENDOR usume the blowers will be located in a separate room. Moton shall be NEMA premium efficient, 460 V, 3 phue, 60 Hertz. Note that the VENDOR have increased the air rate from our notmal 5 icfin/sfto 6 icfm/sf due to the high elevation of the fiher site. Aeration Ajr Blowcn !XH81TD t .• • • • B. 2 2 2 Positive displacement rotary lobe type, 869 scfin at 7.5 psig 60 HP ODP motor, mounted to a framed assembly including inlet and discharge silencers, weighted pressure relief valve, and flexible connectors. The VENDOR assume the blowers will be located in a separate room. Motors shall be NEMA premium efficient, 460 V, 3 phase, 60 Hertz. The speed of the pump shall be controlled by a VFD. The VFD is not provided by VENDOR. Backwash Water Pumps End Suction centrifugal, pumps rated 6720 gpm at 27' TOH -75 HP motor. Pump TOH to be finalized upon receipt of completed piping arrangement from the engineer. Motors shall be NEMA premium efficient, 460 V, 3 phase, 60 Hertz . Motor enclosure shall be TEFC. Pumps shall have a single AES mechanical sea] and be able to accept an external seal water hook-up. Mudwell Pumps Horizontal Non-Clog centrifugal, pumps rated 1120 gpm at 25' TOH - 10 HP motor. Pump TOH to be finalized upon receipt of completed piping arrangement from the ENGINEER. Motors shall be NEMA premium efficient, 460 V, 3 phase, 60 Hertz. Motor enclosure shall be TEFC. Pumps shall have a single AES mechanical seal and be able to accept an external seal water hook-up. Instrument Air Compresson Two compressors for indoor location, mounted to one receiver tank. The capacity of each compressor is approximately 1 S scfm at 100 psig. Assemblies include PSV, pressure switch, starter and one NEMA 12 local control panel to operate both compresson. Motors shall be NEMA premium efficient, 460 V, 3 phase, 60 Hertz. Instrument Air Prefilter Cartridge type with automatic drain. Instrument Air Postfilter Cartridge type with manual drain. Instrument Air Dryer Desiccant type. 30 scfm at 100 psig. Filter Internals 8 lots Filter Collection Sump Cover PJatg Precast concrete construction, 6" thick with reinforcement. 8 lots Backwash Ajr Distribution Header and Latqal1 EXHIIITD .... . " • • 0 3/16" thick 304L stainless steel headers and 304L stainless steel laterals. Included arc gaskets, bolts, anchor brackets and stainless steel concrete expansion anchor bolts. 8 Jots Air/Water Distribution Blocks <Pat. #4,923.606} SOOO psig precast concrete construction, high density polyethylene jackets with interlocking spacer Jugs. 8 Jots Weir Blocks <Pat. #5,496.472} Precast concrete construction with galvanized steel mounting angles and stainless steel concrete expansion anchor bolts for leveling. 700 tons 3585 tons Media Support Gravel Five graded gravel layers 1-1/2" to 1/8". 1.5' total depth, shipped in super sacks. Sand Filter Media Tetra #S high-grade silica sand. 8' depth, shipped in super sacks. C. Filter Process Vessels D. Design and installation of concrete filter vessels, clearwell and m~dwell are by others . . Filter Manual Valves 3 12" Diameter Backwash Blower Check Valves 2 JO" Diameter Aeration Blower Check Valves 2 20" Diameter Backwuh Water Pump Check Valves 2 JO" Diameter Mudwell Pump Check Valves 3 12" Diameter Backwuh Blower Isolation Valves 2 10" Diameter Reaeration Blower Isolation Valves 3 24" Diameter Backwuh Pump Suction Isolation Valves 2 20" Diameter Backwuh Pump Isolation Valves 3 10" Diameter Mudwell Suction Isolation Valves 2 8" Diameter Mudwcll Pump Isolation Valves 8 30" Diameter Filter Effluent Isolation Valves 8 20" Diameter Clean Backwash Isolation Valves 8 24" Diameter Dirty Backwub Isolation Valves 8 14" Diameter Backwub Air Isolation Valves 8 8" Diameter Filter Drain Valves The check valves are cast iron wafer body type with spring return bronze split dilC. The isolation and drain valves are flanged body butterfly type with cast iron bodies and discs, 304 stainless steel shaft and lever or gear operator, as applicable. The isolation valves are in accordance with A WW A CS04. ' . .... .. • • E. Filter Automatic Valves 8 32" Diameter Filter Effluent Control Valves 8 20" Diameter Clean Backwash Control Valves with Mechanical Stops 8 24" Diameter Dirty Backwash Control Valves 8 14" Diameter Backwash Air Control Valves I I 0" Diameter Blower Unloading Control Valve Control valves arc butterfly type meeting the requirements of A WW A Standard C504, with cast iron bodies and discs, and 304 stainless steel shafts. Valve Class will be 150B for 24" and less, and 25A for 30" and above. Control valve operators are double-acting pneumatic piston type, with two limit switches for valve position indication and one solenoid valve for valve operation mounted on the valve. Operators are sized based on a maximum pressure differential of 25 psi and minimum instrument air pressure of 60 psi . All solenoid valves include manual override capability. Actuators shall be equipped with Profibus DP communications and shall be Worchester Controls for pneumatic or Rotork (IQ or IQn for electric, ,. All valve actuators will include manual override operators. F. Filter Instrumentation 1 Backwash Water Low Flow Switch Local switch signals low Oow to main control panel. Backwash Air l.Qw Flow Switch Local switch signals low Oow to main control panel. 8 Filter Water High Level Switches 6 Clcarwell Pennissjve Backwash, Bump and Low Level Swjtchcs 3 Mudwell Tank Permjssjvc Backwub, Bump and Hjgh Level Swjtches Instrument Ajr Low Pressure Swjtch 3 2 Backwash Air Local Temperature lndjcaton 0 to 250 °F . range . Rcaeration Air Local Temperature Indicators 0 to 250 °F . range . Dissolved Oxygen Meter, Cjncluding pH and Temperature) by WTW Profibus DP Communicatjona, . . .. • t • Instrument Air Pressure Control Valve For maintaining 80 psi backpressure at control valve pneumatic operators. IO Pressure Gauges 0 -30 psi for backwash and aeration blowers, 0 -150 psi for air compressors; 0 -30 psi for backwash and mudwcll pumps. Influent Channel High Water Level Switch Note: All level switches are non-mercury float type, with 304 stainless steel mounting bracket, PVC rod and stainless steel anchor bolts. G. Methanol Stonge and Feed System Equlpmeat 8 8 2 2 40 & 2 2 Methanol Feed Pumps Peristaltic hose type pump., with inlet strainer, pulsation dampener, , pressure relief valves and hose leak detection. Each has a variable pumping rate of up to 20 gph by use of an SCR variable ~ drive and an manual adjustable speed control. Flow rate will be controlled in accordance with the filter plant influent flow. DC Motors are explosion proof, rated for Cius 1, Div 1. VENDOR will supply SCR drives. Methanol Flow meters -to be located downsteam of methanol fc~ pumps. Flow ranges up to 20 gph. By Endress & Hauser. Manual Valves l" Methanol Feed Pipe Isolation Valves 3" Methanol Vapor Return Isolation Valves (from Tanks) 3/4" Methanol Pump, Gage Isolation Valves 3/4" Methanol Pump, Gage Check Valves 2" Diameter Methanol Storage Tank Fill Linc Isolation/Jock Valve 2" Diameter Methanol Storage Tank Fil) Linc Check Valve The check valves will be a swing check, carbon steel body with threaded ends. The isolation valves less than 3" diameter will be threaded end carbon stccl ball valves with stainless steel ball and Teflon scats and seals. Isolation valves 3" and luger will be urbon steel gate valves with flexible wedge disc and chrome trim. Automatjc Valves 2 l" Methanol Feed Pipe Isolation Valves with Actuators " • • CJ Automatic valves located inside shall have pneumatic actuators, rated for explosion proof for Class I, Division I environments and those located outside shall have electric actuators and be rated for explosion proof environments for Clas& I, Division 1 environments. Actuators shall be equipped with Profibus DP Communications. Shall be by Worchester Controls, equipped with manual override operators. Carbon steel ball valves with threaded ends and stainless steel balls. 2 8 8 8 8 8 32 8 Other Methanol Related Appurtenances CAil appurtenances to be compatible with final treated effluent ("3-water':]. pressurized to approximately 90 psi} 1" Rotometers _King Model 7710 with 4-20 mA Output, 30 gpm Pressure Regulation Valves, 90 psig. 30 gpm Pressure Switches (Explosion Proof) 1 "Check Valves I" Needle Valves 1" Manual Isolation valves. -Ball valves i:arbon steel, threaded ends with stainless steel balls. 1" Automatic Ball Isolation Valves. Actuators shall be equipped with Profibus DP Communications by Worchester Controls, All actuators shall have manual override operators. Methanol Storage Taruc Horizontal, rectangular Con Vault storage tank, double walled, closed top with manway and nozzles for vacuum/pressure relief valve and flame arrestor, level probe, fi°II, and withdraw lines,· foam injection. Carbon steel construction interior and concrete outer shell, l 2,000-gallon capacity designed to API 650 for above ground installation. Exterior concrete protective epoxy coating (white) . Includes galvanized ladder and roof handrail for access to instruments on roof. 18" Manway has extended bolts to function as emergC'1lcy relief per APl-2000. Fil] Nozzles are to include overfill automatic shut-off valves. Note: These two storage tanks wi)] provide about 14 days of capacity at average flow. 2 Methanol Storage Tank Level Indicating System Capacitance type level element with Profibus DP communications. 2 Methanol Storage Taruc Flame Arrestor 2 Methanol Storage Taruc Pressure and Vacuum Rc)jefVent 2 Methanol Storage Tank Emergency Pressure Relief and Manway Cover • t .. .. .· .. 2 8 Water Quality Analyzer (ChemScan Model 6101 with Profibus DP Communications -Analyzer transmits to PLC as part of the TETRAPaccsM service. Ten (10) 15 gpm sample pumps for influent and effiucnt arc provided with 1" suction and discharge isolation valves. The analyzer must be located indoors. Each Analyzer capable of receiving up to 8 samples and analyzing up to 8 parameters. Parameters to be included arc Nitrate, Nitrite, Ammonia, Phosphorus, Total Organic Carbon, and pH. The analyzer shall be by ChcmScan Model 6101. Pressure Gauges {with Diaphrapm Seals) 0 -SO psi for methanol pumps H. Control System Equipment Vendor will provide enciueering services to assist the CLIENT and the ENGINEER in tbe procrammlng of tbe control systems. Tbis Includes provldln& information on VENDOR's proprietary SPEED BU~ and TETRAPaceD' Methanol Control Panel {PronammlH Assistance apd OA/OC Oply) NEMA 7 304 stainless steel enclosure to be located in the hazardous area. All wiring to field devices will be terminated at a numbered terminal strip mounted in the panel. The panel includes: • • • • • • Methanol Tank High Level Alarm and Light Methanol Tank Level Indicator Hom with Silence Pushbutton Methanol Pump Selection Switch Methanol Pump On/Off Pushbuttons and Run Lights Controllers for Methanol Pump Control Main Control Pancl{Prgrammlng A11l1tapce and QA/QC Qply) Main Control Panel in a painted steel NEMA 12 enclosure. The panel contains the necessary equipment, instruments, ancillary control devices, hardware and logic to perform the automation functions of the filtration plant. The program includes SPEED BUMP5M and TETRAPace5M. All wiring to field devices will be terminated at a numbered terminal strip mounted directly in the panel. The panel includes: • Programmable Controller (PLC), including a Central Processing Unit (CPU), Input/Output (1/0) racks with 1/0 cards, and auxiliary equipment and cables for PLC internal data transfer. (Allen-Bradley SLC 500 S/04 PLC). • HMJ Color to uch screen (Allen Bradley Panel View 1000) t ... ..• . . ! . .... • • SPEED BUMPsM This service offers a patented technique for removing gas buildups from biological filter cells containing granular media. An upward flow of water is induced to remove the gas in a matter that minimizes filter down time and valve movement. A group of such filters is quickly and seamlessly degassed sequentially. TETRAPacesM TETRAPace5M is a service that provides automatic dose control which regulates the dosage of chemical additives in a variety of processes, in this case methanol for denitrification. Influent and effluent chemical concentrations and process flow rate are measured continually. These parameters are used by an algorithm in the control software, along with operator-adjustable parameters, to provide proactive process control. Control Panel Environmental and Power Conditions Electronic equipment such as the Programmable Controller, Instrument Controllers, Indicators, Recorders, Totalizer, etc., located inside of the control panel, require specific environmental and power conditions in order to perform per the manufacturers' specifications. The Main Control Panel is to be installed in the area which satisfies the following ambient conditions: Relative Humidity: Temperature: Control Panel Grounding S -95% non-condensing 41 -129°F (5 -S4°C) Computer grade grounding with a ground to earth resistance of 3 ohms or less and low resistance connections are to be provided for the control panel by the Buyer. PLC Software and Documentatjon VENDOR will support ENGINEER's PLC programming actJVJt1es by answering 'operational-related questions and assisting during system start-up. VENDOR will also write deiailed control strategies. VENDOR will provide software documentation consisting of a fully annotated Ladder Logic Listing with cross-reference of internal coil and contact usage and location. The PLC software development package is excluded from this supply. 8 Local Filter Control Panels <Procramml11 A11llt11ce 114 QA/OC 0,ly) . t ... ,• .. • • Wall or handrail mounted type NEMA 4X 304 stainless steel enclosures with front access door and sunshade. Each panel. will service two filters. Local panel devices enable the operator to perform manual backwash sequencing for the filters associated with that panel, and operation of pumps, blowers and auxiliary equipment. All wiring to field devices will be terminated at a numbered terminal strip mounted directly in the panel. Local panels include: • • • • • Filter valve operating switches Filter valve position lights Backwash blowers operating switches and status lights Backwash pumps status lights and operating switches · Indicating light "Local Control Selected" I. FIEID SERVICES The VENDOR will furnish the services of a qualified field representative to instJUct operation personnel and advise on filter internals instaJlation and start-up. 'Jms services will include up to the following: 40 man-days installation assistance (in up to 4 separate trips) 20 man days for start-up and operator training (in up to 4 separate trips) 4 man-days process assistance in start-up (one trip) 2 man-days for process follow-up within 6 months after start-up (one trip) III. Excluded Equipment The following items are not included in the \l.ENDOR denitrification paclc:age: A . Receiving, unloading, storing and installation of VENDOR supplied equipment and materials . B. Concrete for filter vessels, building/architectural work and engineering thereof. C . Grout after air/water distribution block placement in filter _vessels. D. Platform, walkways or ladders. I E. Anchor bolts for mechanical equipment. F . Lubricants for mechanical equipment and motors. • t • • G. Interconnecting piping, piping supports and wall sleeves/pipes including flanges, bolts, nuts and gaskets, air lateral Teflon tape and engineering thereof. H. Instrument air pipe, isolation valves, tubing and engineering thereof. I. Electrical starters, circuit breakers, motor control center, conduit and wire and engineering thereof, and 480 V AC, 3 phase, 60 HZ power supply. J. Water supply/disposal for flushing of filter internals. K. Spare parts. L. Methanol supply. M. Programming (Work Shall Include Programming Assistance and QAQC Review Only) N. Main Control Panel 0. Methanol Control Panel P. Filter Control Panels Q. Influent Pump Station R. Aearation Blower Drives • • EXHIBITE DENITRIFICATION SYSTEM PERFORMANCE AND WARRANTY 1.0 PROCESS GUARANTEE The VENDOR, by signing this AGREEMENT, guarantees perfonnance of the Denitrification Filtration System as detailed below. No other process warranty or guarantee, express or implied, is given by the VENDOR or shall be part of this proposal. The Tetra DeepBed™ denitrification filter system is guaranteed to produce an effluent of acceptable quality with 8 filters operating as follows: Flow(gpm) (mgd) Suspended Solids (mg/1) .Filter Influent Filter Effluent Nitrate Nitrogen (mg/1) Filter Influent Filter Effluent GUARANTEES A1..Afil 14,722 21.2 20 s 22.2 4 20 s 26.4 4 Backwash water generation as a percentage of forward flow shall not exceed 5%. There wilJ be no net Total Organic Carbon increase across the filter system. VENDOR guarantees that there will be no media Joss during the first five years of operation . If there are losses, STS will supply the needed make-up media FOB site. Average shall be defined as a flow proportioned 24-hour composite. Peak shall be defined as a one-hour flow proportioned composite . A minimum temperature of the filter influent of 14 °C will be maintained. Parameters tested shall include but arc not limited to Nitrate, Nitrite, Total Organic Carbon and Ammonia. The Testing shall be performed with influent conditions acceptable to the CLIENT. Biologically toxic materials in the filter influent in amounts detrimental to the treatment process shall not exist. All samples shall be filter influent flow proportioned and shall be stored in a refrigerated compartment prior to analyses. The influent sample shall be withdrawn from mid-depth of the filter influent pipe or distribution trough . The effluent sample shall be withdrawn from mid- depth of the filter effluent pipe downstream of the clearwell basin, but prior to chlorination. P:\Data\GEN\Lilleng\21767\2 2 Den i1nfic11ion\Sevan Trent Den ite\Section E_kinLFinal.doc ' -~ ... • .. . •· . ' • • ... • Effluent sampling shall not be interrupted during periods ofno flow or low flow due to backwash water pumping rate exceeding filter influent flow rate. VENDOR shall provide detailed written instructions to the CONTRACTOR and the CLIENT on the complete installation and operation of the denitrification system. These instructions shall be followed explicitly. All testing will be done by the VENDOR in accordance with Discharge Permit accepted methods or Standard Methods, procedures and number of tests as mutually agreed upon by VENDOR, ENGINEER, the CONTRACTOR and CLIENT. A transmittal of all pertinent data and results of tests will be forwarded to CLIENT in a timely manner. ENGINEER and CLIENT shall have the right to witness the tests and take independent samples if desired. Laboratory costs of testing shall be paid by the VENDOR. The CONTRACTOR and/or CLIENT shall have 90 days from the date of initial wastewater application to the denitrification filters in which to produce an influent quality to the denitrification system within the limits previously stated. The CONTRACTOR, ENGINEER, CLIENT, and VENDOR shall mutually agree in writing when the denitrification system is ready for the performance test. The process guarantee of the denitrification process will be considered to be fully met when the filter system produces an effiuent within the limits previously set forth 100 percent of the time for a five consecutive calendar day period. It is understood that the process performance guarantee is separate and apart from the contract guarantees on equipment, materials and workmanship. Should the CONTRACTOR or CLIENT be unable to produce a filter influent quality within the limits previously set forth during a test period due to any malfunction of the denitrification system, the five day test period shall begin again. However, should the quality of the filter influent not meet the criteria as previously set forth due to malfunction of the equipment or process unrelated to the denitrification system, those successful test days completed shall be counted and testing shall begin again as soon as the filter influent quality falls within the stated limits and has stabilized. The procedure shall be continued until such time as five calendar days total has been accumulated . If, after operating under the design loading conditions and in accordance with VENDOR's instructions, the denitrification filter system fails to produce the effl u en t quality indicated above, the CONTRACTOR or CLIENT shall notify VENDOR in writing by registered mail that the warranted performance is not being met. Following such notice , VENDOR shall undertake engineering work and analysis (cost to be by VENDOR) to determine the cause of such noncompliance. If VENDOR, the ENGINEER, the engineer for the CONTRACTOR, and CLIENT concur that the cause of such noncompliance to meet the condition of the warranties is the failure of the CONTRACTOR or CLIENT, VENDOR shall be reimbursed the cost and expenses incurred in identifying the problem by the responsible entity (the CONTRACTOR or CLIENT). If modifications to the dcnitrification filter system supplied by VENDOR are necessary to achieve compliance with the Process Guarantee, VENDOR shall make whatever modifications it deems nec es sary, up to a P \Daia1GEN\Lt1lcng\2l 767'22 Denmificatton\Scvc:m Trent Denite\Section E_looLFinal.doc EXHIBIT E Pa,r2of4 r• ' . .. ,, • • cumulative maximum total of the full contract value of the scope of supply of VENDOR. VENDOR reserves the right to require repeated tests and modifications until the Process Guarantee is achieved. 2.0 EQUIPMENT WARRANTY Denite<I DeepBed™ FILTER SYSTEM Severn Trent SCJVices (STS) equipment is backed by VENDOR's reputation as a quality manufacturer, and by many years of experience in design of reliable equipment. Equipment manufactured and sold by STS Technologies, Inc. and paid for in full is backed by the following warranty: STS warrants that no process, equipment or material designed by STS shall infringe upon any United States patent right. a) STS shall defend, indemnify and hold harmless CLIENT and ENGINEER from and against any claim and/or lawsuit arising directly from a violation of me warranty provided, however, that STS retains the right to modify the work or license appropriate patent rights to avoid assertions ofinfiingcment. STS warrants that all equipment and materials supplied by STS shall be new (unless otherwise specified} and free from materials defects in materials and workmanship and STS shall have clear title to such equipment and materials (unless otherwise specified). a) The Warranty shall be effective from the substantial completion date, for a period of one (I) year. b) If any equipment or material fails to conform to the warranty and CLIENT notifies STS in writing of the defect within the warranty period, STS shall, at is expense, either repair or replace any nonconforming equipment or material. STS warrants that the engineering services shall be performed in a manner so as to conform to the standards of engineering services customarily practiced by the engineering profession for services of a similar nature . a) Upon a breach of the warranty and written notification thereof, within a reasonable time after such notification STS shall correct the item of defective engineering work . STS warrants that any non -engineering sCJVices shall be performed utilizing the same standard of due diligence and reasonable care demonstrated by other companies within the industry providing similar services. P:10o11\GEN\Litltn1121767122 Dmnnficatoon\Snem Trent Dmite\Secn.., E)onLfinal .doc .,, • • a) Upon a breach of the warranty and written notification thereof, STS shall immediately take such corrective actions necessary to bring STS's pcrfonnance fully within the limitations provided by the warranty. STS makes no warranty, expressed or implied, respecting its services other than as arc spccifi.cally set forth herein and none shall be implied. THE WARRANTIES AND REMEDIES SET FORTH IN THIS "WARRANTY" DOCUMENT ARE EXCLUSIVE. THE WARRANTIES ARE GIVEN BY SEVERN TRENT SERVICES AND ACCEPTED BY CLIENT IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANT ABll..ITY ALL SUCH WARRANTIES BEING HEREBY EXPRESSLY DISCLAIMED BY STS AND WANED BY CLIENT. THE REMEDIES PROVIDED FOR HEREIN ARE IN LIEU OF ALL OTHER REMEDIES AT LAW OR IN EQUITY FOR BREACH OF WARRANTIES. • • Lou Ellis From: Sent: To: Cc: Subject: Leigh Ann Hoffhines Friday, July 18, 2003 2:16 PM #City Council Gary Sears; Dan Brotzman; Mike Flaherty; Sue Bradshaw; Lou Ellis; Susan Eaton; Susan Werntz; Chris Olson Arbitrator Resumes Switched Oops! The arbitrators' resumes were inadvertently switched on the agenda for Monday night (the arbitrators' resumes for EPBA are attached to the EFFA cover letter, and vice versa). The arbitrator list submitted for EPBA Is: • Car;lton-&ftOW -:~ • [Bennett Alsenberg ~ • i=liiiylwlaetun The arbitrator list submltt for EFF~ • nnett Alsenberg • a n • David Vaughn My apologies for the Inconvenience. Leigh Ann Leigh Ann Hoffhines Communications Specialist City of Englewood 1000 Englewood Parkway Englewood, CO 80110 303· 762-2316 • • COUNOL COMMUNICATION Date Agenda Item subJect July 21, 2003 ·~ -.J..... -..... EFFA Arbitrator Appointment ,~,...,.~. :,;.;.'~ Initiated By Staff Source Human Resources Sue Eaton, Director of Human Resources RECOMMENDED ACTION SIii~ lhat Council pa, by~ ,in aa1*rllar tr>conducthullnll In the maaer of the impuM between lhe City oi Ensfewood and the Enalewood Flrefiahters Local 1736. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Negotiations between the City and the EPBA reached impasse on July 1, 2003. According to Section 137.6(b) of the City Charter," Appointment of Arbitrator", <;:ouncil wiU appoint one arbitrator from the list of three presented to conduct hearings and make a decision on the final offer to be implemented. FINANOAL IMPACT Approximately $15,000. lndudes attorney and arbitrator cost Funds are budgeted in the 2003 budget for this purpose UST OF ATTACHMENTS Resumes of Potential Arbitrators 07/09/2003 13:20 3038619688 SDf'I..E MIL1..ER KDEV SIMPLE, MILLER A MOONEY, P.C. MAJlTIN !IDIPL& UISIMD.UR PA.TmCK B. MOONIY CIIIUSIOPBD.I. GDOWSKl DAIUlfl. L, PADll'l'C'ION Allwll-,. at 1.- 11M Cllulelr7 ........ hltl 1311 1121u-. ..... o.-, c.llrMe ... T...,._311-BMMl ru,.,..1-NII PAGE 82/82 o.rapom. T ......... ~3 OfC-- JOIIN P. CLANCY Ma. Iomlhl, Blli• City Clerk City ofl!npwood 1000 P.qlcwoocl Parkway Bnalewood. Colondo 80110 July9,2003 Re: Bnpwood Pirc Yiptm Aaoc:illiaa and City ofEqlewood Negotilticma lmpMle Arbintion Dar Ms. Ellis: 'l'bomll Bllalcbw, 1111om1y for .Bngllwood Fire Fipt1111Dd Iba undclipd. an blbalf of the City Mwpr, ...-S to the tbl1owiDa tine rm 1IO bl IUllmiaecl 1IO tbl City Coanr::i1, om of whom to be appointld bytbe City Council u Ibo ni1lllm' ID tbl lbove-cdnnced llllllllr, Beanett Ailc:mbcrg HarwyNllba DmdVqbn If)W have any quatioaan:prdiqthis, pleae call Toms-hlrat 303-333-7851 md IDB 1t 303-.595-0941. ~&MOONBY,P.C. //~~- Matin Semple Llbar ~bCity of P.npwood MS/1aa cc: Thomu B. Buclcbcr, Eaq. Daaic1 L. ~ Elq. -~ ..... Mt.ell ,w20GN11i.~......_--to.,..... • • BENNETTS. AISENBEJtG RESUME Law Offices of Bennett S. Aisenherg, P.C., Denver, Colorado, 1980-prescm Pinner, Oanuch, Jarp, Campbell, Wilm 1112d Orover, llarYc, Colorado, 1958 -1980 B.A., Economics. Brown Univenicy, 19,2 U..8., Harvazd Law School, 1955 · U.S. Army, 19SS -1957 Pr.sident, Bwn UnivcnhyClubofColondo.1967-1970 Pruident, RarvaniI.aw School AalDdlliotl of Cckndo, 1984-191' Darvcr, Colando, Musacbusem, ml American Bar A1eccf1dm1 Colorado Bar Foundatian American Trial Lawym Alsocillian Colorado Trial Lawym Assoc:iadon, Baud Member, lffl • 1914, Presideac.1984-1915 l.ectun!r, Colcndo Trlal l.awyas A seccfmlml, 1973 • pmnc Trial Lawycn !or Public 1utdcc. Sta= Qmpmoa (Colcndo) Foundiq Mmibc:r, Public Jusdca Foundalbl lnlenWional Society ol'larri.stms Cnftadaa u a Cvt1 TJta1 ~ Nldcaal Board of Trial AdYocacy, 1984 • 1994 Judicial Nominadn1 Commission (Den"VV) -Gublnworial Appohmnem, 1988 • 19'4 Cen"CI' Bar AIIOCiatioA • Praidcn& 1991 • 1992; Truaia. 1982 • 1985, 1917 • 1m; Repraenwive 1D loud of~ at Colorado Bar A1encl1dm, 1978 -190. ~ ~ C:C,.,,.ae, 1975 • 197'7; Oabpcnan. Tuk ~ ID AIINI I.cpl Synam. 1985 • 1986 Colorado Bar Anoc:iadon • ~ latapiofcssiollll Committo:, 1971 • 1910; Chai:penon, Alienwive Dispua Rcsolub Comlllilme OD Employmem. 1919 - 1980; Edaics CommittBe, 1916 • ~ Amicua CIIDII CamniDI, 1991-19.M Insuuctor, Tens. Univcrsicy of'Dcnwr, Scboo1 atl.aTt, 1961-1963 ~.or. Real Est.ale Law, Univney alColcnda !1a:ns1m School, 1960• 19153 t ., .. • • •, LABOR PANEL Hany N • Mac:I.ean, Esq• Oc::q:at1ai: ~ -~ Expwcim: rn 'l'lME ARBI'l:RMtlt. SERVES AS ARBI'.rR14al QI lNlD!S'r , mv»a CISES. :rsaues: DISCIPLINE, CLc:clllKZ, INSCBCllDIHl1'I,. ABSDICE, carmcma:; CX1?, S!NIC81'l'!, ~, SCSPDISial, o:::tmW:r IN~, .D aASSIFI~QI, ma:rr:rs, ARBI.'mABII.1Tl, JC4USllcr:Ial llISiOlD, ~ AR> 1DlCDG a::IIDITICJIS. PCBLIC SEx:'ltlR IUCR RECM'.tCRS EXPmIENC! I?aillES ~, ~ QI P1UiJl:lC1ii, VAC'ITD'N Mm SICK LEAVE • .ll:bit:ratxr: VEr!l!ANS ACHIN. ; U12; ml. SXJr!RS ; mOl, UX:. 7 (EXP.) ; tKt!r!D mmaK!RS OF AK. I Pl'.l:lSallGl »I> MIDNIX o::aI. MDIItG a:,s.; llHrrm MINEM(RS. ; 1JrlH PCMER AR> uar. Wax H:i5b:zy: GEN. CXXlNSEL, Aaiar (FEDERAL \ltl[Dlmll M2NC'l) , 1977-79; FIRST ASS'r. , AT!'Y:. <.EJIDAL, CDtCPMJO, 1975-77; INSl1U.!LUt OF ID ~, t111V. OF CENV!ll, 1970-75; R!ll!RE!, DEHV!ll JOV!NIIJ: c:aJRl', 1971-72. 127509 Mx::at:fm: ~ tHN. (& 64); t111V. ar D!2NER (.JD 57; HS 72) Pllr' diaa: $ 550. 00 Plus axparlMS; Par-diaa c:ancallatian f• witbin 7 days ot! bMrirq 4/93 l -·• • • ,u,, .4.0l-'CJU.:» .l.i..U:1 .JC.I.JOOJ..::IDOD r~ D~IUO ,-JUL. 115 ZH3 09:57 FR AAA IJESTEAN CMC 59 492 1937 TO Bl3B3B•l9Baa P.1114 COnlalt Amll1can Minion AIIOCllllon 17H N. Plllm Awnue 2nd F'IOO!' ........... l'NMG.CAaTD' Cul1oa 1. Saow .....,_:171..,.._ .._..NMIMt11 ~padon lchamr, Arlri1lllof kperieace Proftaot-• 'Wi.__ Ullhlnity Collllll of Law, Milnlm, &i:diadlr. lllNMlllllr 11111 inlBnl9t llbiDatar ma lffl, !.apa'-la ..... ,-nGll llal OIIIL Jaw AzlltirlbUly, ~ bdwjillllillll, dltolpU.. ~ --llliltndaa,job ffllUlial, IN¥II, T I Ml llpll. O¥ll1lme, i*bw. pnilllOIIII, urolpN f, ..... atutory clllma,--, ..._, 1'1Xt OClldllliau. Iadaatri• AirtiDII, bmedoe ... ollallNI, cc-.taaliae, ..... (111-11), Mn--, t\lod -~-botdl.......,.11, wq4-.,.._, p.i..ivt@NMti¥pulic ....,,(d ... ,. ,..,, tlWpOlllllan. PenaaMDt Arbitra1or u.ws...,-i 11mac; r....aa..-Sefflll;._ Cucade; Calibldl lllalalr P.dacalim llyllma; Jldlra, t1mlld AkliDII A. Pllalil A.ti I I m ProltuloDal Aaodatlou A1D1ri1m lar Aa,clldall; Jlllllarill Wllilllll ~ A.nociatiol,; 9ocllty of Pldw.waek ta Dllplll ltlloludm; NllioDll ~ of Mlllnlon. Profwioul Ucew .Mmltlld III Bir, Wlloomm, 1969. PabUcadou wl Spttkh11 Eap11aea11 "Miki Wlloll ....._ .S 1ti11111ary ....._,. AJUIITRA.11CIN 1"51 N1W CHAU.ENGII AND EXPANDING USPONStllU11II, pp.1S0.1,0. JINA, ttN; "Mlllll .... •~of PriDoiplte, • JOUINAl.01 ,uJLIC LAW, Mnl 19"; .... I ... .....,..La: 1111 Coaflic:t B.-. Aa !.mploJtl'1 Na! ID IDll'tf Alloll J...a. MiNMdl,..,, AA Basplc)WI Nead 10 Kaep Them S--. • JOURNAL OIi UIIWf a CONl'DOOI.UY LAW, vol.41, p.3, 1992; c.,tlMJ..S.- "'JJ ' 9· • JUL 16 2113 88191 FR AAA WESTI~" C..C 99 491 IIG? TO 11~138818818 P,11 -..W AIWllmlll B&,I .. LIii Wen• 'l.lllc:111111' ltm am Aji I a IIT" ~ LAVI IBYIBW, wl.27, p.513, 19'1; •.Aa .Alllllmar1 U• afPlloldllt.' DltslN8Clf LAW UVIIW, ,ol.MpMS.19'0. i::I! mrstlea BOD.OD flrO., t.. ..... ...-.c.nHm .. 900.001r111,.......a1••••Wn ............. Lallpapl Ollllr,lfllnw, LIiia COUNCIL COMMUNICATION Date Agenda Item Subject July 21, 2003 ---~ EPBA Arbitrator Appointment » ,,_" Initiated By Staff Source Human Resources Sue Eaton, Director of Human Resources RECOMMENDED ACTION S~r~ lbat Council pass, by motion, an arbitrator to conduct heartnp In the matter of the impUse between the City of Englewood and the Englewood Polee Bene&t Allodiallon. BA.CKCROUND, ANALYSIS, AND ALTERNAllVES IDENTIFIW Negotiations between the City and the EPBA reached impasse on July 1, 2003. According to Section 13 7.6(b) of the City Charter, "Appointment of Arbitrator", CouncH wil appoint one aibitrator from the list of three presented to conduct hearings and make a decision on the final offer to be implemented. FINANCIAL IMPACT Approximately $1 5,000. lndudes attorney and arbitrator cost Funds are budgeted In the 2003 budget for this purpose UST OF ATTACHMENTS Resumes of Potential Arbitrators - COUNCIL COMMUNICATION Date Agenda Item Subject July 21, 2003 11 cvi EPBA Arbitrator Appointment Initiated By Staff Source Human Resources Sue Eaton, Director of Human Resources ~ RECOMMENDED ACTION Staff recommends that Council pass, by motion, an arbitrator to conduct hearings in the matter of the impasse between the City of Englewood and the Englewood Police Benefit Association. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRm Negotiations between the City and the EPBA reached impasse on July 1, 2003. According to Section 13 7.6(b) of the City Charter, "Appointment of Arbitrator", Council win appoint one arbitrator from the list of three presented to conduct hearings and make a decision on the final offer to be implemented. FINANCIAL IMPACT Approximately $15,000. Includes attorney and arbitrator cost Funds are budgeted in the 2003 budget for this purpose UST OF ATTACHMENTS Resumes of Potential Arbitrators • • I • .\ W O•'flef.ll l>.\VlllJ, R.tUN<l MAl!l't', 1:0I.IN ('llllllmNA M. IIAffA!I IIClllt:LAS J&WKLL HR UNO, llRllNO & COLIN, P.C. JIJSU'II 't, VAN 11011. .. Mll 'IIA~, 'I', UlWF. VIA Ml'SIMn.r: ANII t'!R!IT11 AS.~ MAIi . I .oucri~hia Hllis, Cily Clerk C.il)' orllnglcwoo<l 511JTE '°" Cll'lt! t:1\/IC: Cl'NTt:ll PI.A7.A 15'11 HOAnWA Y D~Vlll, COLOUIIO IU0?-51.0 ·ria.Rl'llnNRi (JIJJ llt-1Mt .. AX1 OIIJ) UM• July 9, 2003 H111d.:wnod Civic C'L-nlcr -Third Floor IOOII l!n,:lcwood Parkway Hn1:lllwood, CO 80110-2373 RF.: H11gltJwuod l'affr, Rt't"flf Auoc:lutlon and City oft't1r(mee,I Nraollalions lmp:uiac Arbitration l >c:1r Ms. llllis: ie~:!:.T'o ~y.w, Pursuant to Chru1~r 1>rovii:io11 137:6(h), counsel would rocomn,ond tho rollowing Ihm: arbitrnlors he prusonlocl to City Conncil: /1,.:y cc: 1. Carlton Snow 2. Rcn111..'tl Aiscnbcrg 3. llarry MneLca.i1 Ir we may be of any funhcr assi:dancc, please do not hcsilate to call. Very lr11lyyo11rs, nRUNO, llllUNO &. COLIN, P.C . 4'--.t,' J..J • D c:::::::...-t: O.~dl.l~~ Manin Semple, Rsq . (via facsimile Md first clw mail) Daniel r .. nro11.mnn, !!sq. (vin facsimili.: and nrst clnss mail) T~'II A,kins,111, 1Zn11lcwootl Policu lkncnt ,\ssncintion --•• • • BENNm S. AISENBERG RESUME Law Offices al Bennett S. Aisenberg, P.C., Denver, Colorado, 1980 • prescm Panner, Oarmcb, ~. Campbell, Wilm and Orover, I:>em,w, Colarldo, 1958 -1980 B .A., Economics, Brown University, 19.52 U..8., Harvard Law School, 19~.5 U.S. Army, 195S • 1957 Pnlsidcnt. Btowu Univmily Club of Colondo, 1967 • 1970 Preddent, Harvard Law School AIICICWion of Calorlldo, 1984 • 1985 Dmvc:r, Colcndo, Musacbusem, an! American Bar Aucci•tJons Colanido Bar Foundaam Amcru:111 Trial Lawym AIIOCia&ion Colorado Trial Lawym Associadon. Board Member, lffl • 1914, Prafdent. 1984 • 1915 Lectun:r. Cokndo Tml I.awym Asmill'lan. 1973 • pmenc .Trial Lawycn Car Public Jusdcc. !tam Cwzpenoa (Colcndo) Foundiq Member, PubUc Jusdce Folmdadan lntcnwional Scctety at:Bmistms Ceniftc:ltian u a Cvtl Trtll AdYoclm, Nadcall Boal of'Trial .AdNocltt:y, 1984 • 1994 Judicial Nomiaadn1 Commission (Denver) -Gublmalmial Appainaaem. 1981-199' Denver Bar Auaciacioo • P1eaidcDl 1991 • 1992; Truaa:e. 1982 • 1985. 1987 • 1990; R.tpmenwive ID loud of G,,.enm of Colcndo Bar Asmdedm, 1978 • 1980; Chairpalon. Enlanainment Commiaeo , 1975 • 1917; Oabpcnan. Tull Pan:I: ID AsNII Lepl Synem. 1985 • 1986 Colorado Bar Associalion • Owzpmoa. Inim:pofcssioul Como,itto:, 1971 • 1910i ~. Altrmalive ~a Resoluaon Commineo oa~ 19'79- 1980: Edlic:s Cammitme. 19'6 • pmem: Amicus CllDII Cammlllllll, 1991 -1914 Instructor, Tam. Univcrsicy of Darla', Scboo1 aft.a", 19d1 • 1963 Ia.s1Nctor, Real Estate Law, University olCakndo ExmiskJn Sdlool.19d0· 1963 ' • • ~ ..ii .... C m r ..... ..... ... -"' ...... "' ~, fl! N m Ill m Ill"' I.) ... Ill ... ID •• C:. ~ -J -m • ·!f ~ .h _ ~J ~·~:~~~r i ~ ! I "II ,a "' m D W D ffl D.,. ID E"' m' ... Ill .. % 11 I i! ilU IH l!I I JIHI 11 I I ! ~ I• n . n "' i! ', I •l ''J' q• 1ft u;,,t I • f I tJ llgJ J I 'l Ji~~ i .; ! ~ ....... ~· ~ ~. h 111 1u1 11 n 1un1~1 ~ 1 ii • = ·-~rJ i J b Uh h u ilUdi " I i I -(j ' •". ~ . . \l -·· Ill • • . CD '} t :a j Bl I I ,t'.-s ' = f ..... CD m ' J.1 • • • .. 87/16/2883 11:89 3838619688 SEM'l£ MILLER KDEV JUL 11 !113 111!7 FR AAA WESTERN CNC SI •11 1837 TO 913831119111 PaalcallDMI U11U11 Mmlnlll••lr. 11111111, 1111;u.1. .,....C-.Mcdln DlllllatatDBDIII; 'U.I. Cawt of ......... a.II; 'U.I . ..,._c... c-::... 11.a.001wn., .ati. ... aq 1,1 .............................. 'DNII ..... ..... I 7 d l ..... afa....................... I 1 ID,,_S ... at • ._mo ...... , ........ ,1.,..11r• ... •• 111 11&1 · S11Mr~all). Qela 1)lp u.w ..... o1 ... 1· 1,,,, fU{~!HJiJH1 Jif JU tHH l I , -I 1, 1 ~11!';n~.1J n th .,!.... r ~ h ,.nllJil;f !Jlf ii{ ft · K -·rt euh f !1· pJ, 1J! ill f J'1 f J lh t.;riti .. ,111 1,1 Jh ~ft. l i I ~I·· l J J Iii iilil~l,1 1·11~!1 11 1 1 11 .. ; j .. , ~---111.. ~ ~It Ir_ - i"Jlh .. ~ uf 101111 n1, 11 r lH· IJJ!I ~ 'I P1 I I I I !I • ~ I ii ii <-. C C5> r ..., ..... -.... 01 ~ "' N C5> C!I "' 1511 "' Q m ::: ID " •.• IS) UI \D GI "ti ,a ill l) "' l> m l> g: \D C a, 111 "' en m -4 11'1 lD z n 3 n UI t i ! -lC ID,.. : ~ I . . • i ~ (J m I .. ..-~-----~ : , [ • 'j I 7--~ •-1 L L ,--> : ~ ., ... a, .... g: } i -~---~~ ~ ~-:--~~-:-:--.----=-----' • • .. • • . ' . t-,~!f 111IQiJIJ : jif 111 j iHlf ~.1,~1111 1u1 i iif 11 1 1 Pt · ,;;:rr;.r~-' ... iJ ii[ ,.,, ... C a> r ...,. ...... ... ... m er, ...... N ~ Ill a> • w '-I ... .. ... Ill a> UI '° • "JI ;u w a> D w l> CD :I) g: "' E er, IT1 al UI CD .... i n 2 n .. ~ ,..:.::,, ID ... ~ ~ D i; Ill ~ r ·~= ., -:g ' • • D ~j ..... al -~ I . CD '· COUNCIL COMMUNICATION Date: Agenda Item: Subject:.. July 21, 2003 '--,..,""" ,..._ Awaf'd Aquatics Park • (Pil'IIII QM) Conslructlon I Initiated By: Staff Source: Public Works Department Rick Kahm, Capital Projects Director Parks and Recreation Department Jerrell Black, Director of Parks and Recreation COUNCIL GOAL AND PRMOUS COUNCIL ACTION Council approved Ordinance No. 35, Series 2001 to include a ballot question authorizing the issuance of General Obligation Bonds for design and construction of Recreation Projects. Ordinance No. 75, Series 2001 authorized the issuance of a portion of the bonds. Council Bill No. 39, authorizing the issuance of the remainder of the bonds, was approved on first reading August S, 2002. Council approved a motion to award a design contract for the Aquatics Park to the firm of Lyman Davidson Dooley Architects on August 19, 2002 . RECOMMENDED ACTION Staff recommends Council approve a motion authorizing the award of a construction contract to Taylor Kohn, LLC for construction of Belleview Park Family Aquatics Park (Pirates Cove) and authorizing the Capital Projects Director to sign the contract in the amount of $6,297,630.00. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The bond sale, approved by Englewood voters in 2001, anticipated a budget of $12.8 million for three Recreation projects: $3.7 million for the Malley Center, $2 .1 million for the Recreation Center, and $7.0 million for the Aquatics Park. The City advertised in the Daily Journal and the Englewood Herald for construction firms to submit pre- qualification applications for this project. We received twenty-three responses to the Request for Qualifications from contractors interested in the project The City's selection committee recommended eight companies as the most qualified and eligible to submit bids for the project All eight firms appear highly qualified to construct the project and all submitted bids on July 10, 2003 (see attached bid tabulation). The project included five alternates (numbered 3 thru 7). The alternates were included to assure the base project remained below the project budget The low base bid was approximately S% below the architect's revised estimate. Staff recommends accepting alternates #3, S, and 7 at this time. The decision on Alternate #4 can wait until the project is well underway. Alternate #6 is a contingency alternate that may not be required (see attached sheet explaining the alternates). •• ' ·~ .. • • FINANCIAL IMPACT The #Englewood Recreation Center Facility Study", completed in April, 2001, established an initial budget of $7,000,000 for the Aquatics Park. Total proceeds from the Bond Sale available for the three projects was $13,150,793. It appears that the total cost of the Malley Center Expansion will be about $2,700,000. The Recreation Center Expansion will cost approximately $1,800,000. Construction contracts for the Malley and Recreation Center Bond projects were approximately 28% below initial estimates. Consequently, approximately $8,650,793 remains available for the Aquatics Park. Based upon the low bid received from Taylor Kohrs, LLC, the estimated expenditures for the Aquatics project, including the selected add alternates is as follows: Construction Environmental site work pre-construction Professional Fees Tap Fees T raffle Signal Printin& Testin& Survey FF&E Project Administration Contingency Estimated Expenditure $6,297,630 (per low bid) 392,000 505,000 50,000 195,000 65,000 300,000 200,000 646,163 Total Estimated Expenditure $8,650,793 LIST OF ATTACHMENTS Bid tabulation and list of alternates Contract form • • _, __ --1~ --e..-..e.--... -.ODO.DO 1 -Conllructian y YD ...... 000.00 2 Cdorado--y YU ... 480.000.00 3 IC-, Conllructian y YD ... -.000.00 4 -·WIiia y YD ....... 000.00 5 Sur..USA y YD •1.040.000.00 • Ta,lorKdft y YD ......... 7 --Conllructian y YD .. •• , •• ,.00 • JHL ConltNc*n y YU ....... 000.00 LOWBIOOER: Ta,to,Katn BELLEVIEW FAIi&. Y AQUA11C CENTER 81) IIROflOSAL. TABC&.ATION Jl&YfO,-, -· -.. -· ,, ,11,MI.DO .,:M,Ma.00 •.111.00 122,000.DO Ma.ODO.DO •• 000.CNI Ill.ODO.DO ,,00,000.00 '1Cll,OIIO.CNI 111.100.00 11auao.oo 114,1IO.CNI -· 121,141 .00 ll,300.CNI 111,DOD.CNI '427,000.00 m.-.oo 117.0CNI.GO '102,0CNI.GO NOTQUOTED 117,DI.II ,,.,.... 111,111• ........ ,,e.ooo.oo 1111,000.00 111.mm.CNI NOTQUOTED 11,000.00 ,121,0CNI.OO •• 000.00 12,000.00 • -_ ........... --·-M» ta.IN.DO •.-.m.oo ... -.11,.00 110,790.CNI ... 712,CIIO.CNI '8.l20.7IO.OO .,_CNI •nl,000.CNI ...-.000.00 111,IOO.CNI ... 91UIO.CNI ... 111,0IO.CNI NOTQUOTED 17.211,000.CNI 17,171,0CNI.OO -.1MM ........, .. 11,217 ..... NOT QUOTED ...... 3111.00 11,504,3111 .CNI m.000.00 -.n7,0CNI.OO .... 10,000.00 • BELLEVIEW FAMILY AQUATIC CENTER Bid Alternates: Alt. # 1 : Deleted Alt. # 2: Deleted Alt. # 3 : Provide underwater lights in an pools. Thia does not provide for additional site lighting to aUow for night operatlona Alt. # 4 : Provide Diamond Brite finish on all pool floors. Bue bid Includes Diamond Brite finish in the Leisure pool up to 1 a-of depth. Alt.# 5 : Provide water slide "A". Enclosed body slide. Alt. # 6 : Provide vapor emission control treatment to conaate floor slabs falng vapor emlulon control testing. Sealant applied to floor slabl to receive carpet or tile that have moisture emiuion exceeding 3 pounds per 1000 equare feet over 24 hours. Alt . # 7 : Provide upgraded decorative perimeter fence on the South aide of the lite. 7/15/2003 ·• ~- • ' 4. Roll call Members: •· • ·• . • • • . . ' ·• ' • CJ ' • • • I ' t •· • - 1. Call to order. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL MONDAY, JULY 21, 2003 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, co 80110 2. Invocation.(}~ 3. Pledge of Allegiance . ~ ittAJ 4. Roll Call . tl1 '7 ~ 5. Minutes. 0 OfJP-1 ?~ a. Minutes from the Regular City Council Meeting of July 7, 2003~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) (/ v r. If YCNI MW a tlulallity and need....., Ii*•-*-, ...... (303-762·2ol05) at leMt 41 houn In HVMm ., ..... ---- ' • • Englewood City Council Agenda July 21, 2003 Page2 9. Public Hearing. (None scheduled Jr D(y I C ,1a- /fuJ~ser;;(J'enda. • / • r \;. '.1 Al>P'~f Onf;n,nce, on A"t Readln~ b . Approval of Ordinances on Second Reading. (Fl dJI-_jg_ i. Council Bill No. 46, approving an Intergovernmental Agreement with Arapahoe County for a coordinated mail ballot election. c. Resolutions and Motions. ~off=_!]{) i. ii. Recommendation from the Community Development Department to adopt a resolution modifying the Development Review Application Fee Schedule. STAFF SOURCE: Tricia Langon, Senior Planner. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by .!!!21ism. the purchase of a Plant Operations Data System . Based on the Interviews, demonstrations, and site visits of the responding vendors, the Supervisory Committee recommends awarding contracts to: OSlsoft (as the historian) in the amount of $96,331, and OPS Systems (for the reporting tool) in the amount of $44,450, for a total system cost of $140,781. The source of funds for this purchase Is the Capital Fund of the Littleton/Englewood Wastewater Treatment Plant STAFF SOURCE: Stewart H. Fonda, Utilities Director. 11. Regular Agenda. a. Approval of Ordinances on First Reading. i. ii. Council Bill No. 34 · Recommendation from the Department of Finance and Aclministrative Services, City Clerk's Office, to adopt a bill for an ordinance submitting to the registered electors of the City of Englewood a question on the November 4, 2003 ballot regarding publication of City ordinances. STAFF SOURCE: frank Gryglewicz, Director of ~nandal Servk:~ ~~1,shia Ellis, City Clerk. // ~ ~ --/el)/ 'f ~r Council Bill No. 35 · Recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance submitting to the registered electors of the City of Englewood a question on the November 4, 2003 ballot eliminating outdated language in the City Charter regarding Surplus and Deficiency Funds . STAFF SOURCE: frank G~ f.~ of financial Services. . ~ /J.!1 j').9:,..-/,;;t/f-~ Please note: If you haw a clubilty wl need....., Iii* or_.., ...... INlllfy tlae Clly GIE ........ (303-762-2405) at lealt '8 houn In advace olwllla ..._ .. ....a. 111111l,-. ' : .. .. .. • • ?ffe~~~ ncil Bil J Recommendation from the City Manager's Office to adopt a i for an ordinance submitting to the registered electors of the City of Englewood a question on the November 4, 2003 ballot regarding an Occupational Privilege Tax. STAFF Af}_IJRCE: Mk;bad Ra~lstant City Manager. / r;of -/ l({) 1 iv . Council Bill No. 33 ,:_Recommendation from the City Attorney's Office to adopt j a bill for an ordinance submitting to the registered electors of the City of _. ~nglewo d a question on the November 4, 2003 ballot regarding the collective Ill Irr/II ~ •• ing impasse process. STAFF SOURCE:,~ B_:..fzl!lan, City Attorney. / ,WV llf../ f\) v. C uncil Bill No. 50 • Recommendation from ttietJX~rtment of Public Works to tP.mJ n...(J enter into a real estate agreement to purchase the Herbertson prope~t 2800 ~":."10' v-rr-'I' S. Platte River Drive. STAFF SOURCE: Rick Kahm,_Capltal Projects O , , ~.th vi. Council Bill No. 49 -Recommendation from the w/.f/t"1 ;ewer Board 1,:-· 0 I /hJ,,, J no -adopt a 6111 tor an ordinance approving sewer rate increases tor 2004 through r, )..f, ......-(I ' I-' 2008. STAFF SOURCE: Stewart H. Fqnda, Utilities ~lredor. ~ ~ b. Approg-9rdinances on Second Reading. /?~ Cl,~~ c. Resolutions and Motions. 21. i. Recommendation from the Water and Sewer Board to adopt a resolution 4..o,,J_ approving an increase in water servic;~ .. ,;tw~-STAFf MJ2: Stewart H. /Ur1(_ _ 7f"" /~da, Utilities Director. / I~ --" ,n.,~ ~3 7J"7'-----.Jiii.--lA~cecc:t10ft'"11mendation from the Community Development Department to adopt It r}--. resolution approving the South Platte River Open Space Plan. STAFF SOUR -P-~ 't]~1o~ J79o -()~? 'y/~ec~~om th:7i;~~i;glewood Wastewater Treatment --+-1----~ ~~pervisory Committee to approve, by motion the purchase of Denitrification System Equipment and Installation Services fro:n Severn Trent Services In the f]--Q amount of $3,080,300. The source of funds for this purchase is the Capital Fun of the Littleton/Englewood Wastewater T~atment Plant STAFF SOURCE: ~a,..,_ Stewart H. Fonda, Director of Utilities. ,..,,_ . _____.:l-'10 < -- . Re comm endation from ~ Human Resources o 'epartment to select, by motion, 3 . ~ rh-J ~~ an arbitrator in the matter of the Englewood Firefighters Association impasse:-~~!. ~ lf'' "'. , ~ ~ WI. STAFF SOURCE : Sue astJl/~or of Human Resources. ~ r ~~ V Recommendation from the Human Resources Department to select, by motion, J/J - Pleue note: ff you have • ......, wl ..... ....., ............... ~ .. car.,, -··-(303-762-2405) at i..t 41...._ ....... ., ......... _ ............. ,... ' .. ' .. ... • • Englewood City Coundl Agenda July 21, 2003 Page4 vi . ~rw Recommendation from the Department of Public Works to approve, by motion, a construction contract for the family aquatic park. Staff recommends awarding the contract to the lowest bidder, Taylor Kohrs, LLC, in the amount of $6,297,630. The source of these funds is the Recreation Improvement Bonds that were approved~-1.001. STAFF SOURa: Rick Kahm, Capital Projec:ts Director. / ~ 7jf:lY 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13 . City Manager's Report. 14. City Attorney's Report. The following minutes were transmitted to Oty Council between July 4 and 17, 2003: • Englewood Areflghters Pension Board meetings of January 9 and April 10, 2003 Englewood Public Library Board meeting of June 10, 2003 Englewood Transportation Advisory Committee meeting of June 12, 2003 Englewood Planning and Zoning Commission meeting of June 17, 2003 Englewood Code Enforcement Advisory Committee meeting of June 18, 2003 Englewood Liquor Licensing Authority meetings of June 18 and July 2, 2003 l'iNte note: If you .... 6allllly..., ... ....., ................ ...., .. Cllrfll•• ... (303-762-240S)al ..... 41 ...... .._..,.._ ....... --" 'lt.lili,- • • •