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HomeMy WebLinkAbout2003-12-01 (Regular) Meeting Agenda Packet) ·.· .. . · .. .. • . . . •. . .. .. ~ . . ,. . ... ·• • .. ·,,. .. .. ' ., . . -,. . • . .. .. . .. _. : ._.. f. . • • . • 1 · ;,\. • ~.' " . .. "· '• ·,. :• ... . : ... ~ ... .. . " ·., ... 0 · . ·.:· .. .. ••;:..•'I ·. :~·--~---- Ordinance Regular City Council Meeting December 1, 2003 86, 87, 88, 89 Re s o l ution ,/./. 87, 88, 89, 90, 91, 92, 93, 94, 95 • •• ' •• .. .. ' . . . • . • 'J ' . . • • \, . • • .1-. ' ' .• • • I. CaU to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY , COLORADO Regular Session December 1, 2003 The regular meeting of the Englewood City Council was called to order by Mayor Garrett at 7:40 p .m . 2 . Invocation The invocation was given by Council Member Barrentine. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Garrett . 4 . RoUCall Present: Absent A quorum was present. Also present: 5 . Minutes Council Members Tomasso, Moore, Barrentine. Garrett, Bradshaw, Wolosyn, Yurchick None City Manager Sears . City Attorney Brotzman Assistant City Manager Flaherty City Clerk Ellis Director Olson. Safety Services Director Fonda, Utilities Senior Planner Langon, Community Development Director Gryglewicz, Finance and Administrative Services Housing Finance Specialist Grimmett, Community Development Senior Manager Dannemiller, Community Development Director Ross, Pu~lic Works (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED; TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 17, 2003. Mayor Garrett asked if there was any discussion or corrections. There was none . Votl' results: Ayes: Nays : M,ition carried . 6 . SdiedulNI Visitors Council Members Barrentine, Moore, Bradshaw, Garren, Wolosyn . Yurchick, Tomasso None (a) 11 y Council recognized lhc 2004 Englewood Calendar Artisu. • • Englewood City Council December 1, 2003 Page2 Mayor Garren welcomed everyone. We are very pleased thi s e vening 10 be honoring the students whose artwork is showcased in the 2004 Englewood Calendar. This is the fifth year we have featured student artwork in our calendar. Each year. the City holds an art contest that is open to all students who live or go to school in Englewood. This year, we received nearly 150 entries, and 14 of those pieces were chosen for the calendar. Choosing just 14 pieces was not an easy task . Thanks 10 the selection panel for their efforts . The selection panel included Mayor Pro Tern Olga Wolosyn, Council Member Beverly Bradshaw. Council Member Ray Tomasso, Eric Bertoluzzi. Chairman of the Englewood Cultural Arts Commission, Cultural Arts Commissioners Mary Lynn Baird, Kate Dulaney. Darrel Freeland, Janet Moore, Donna Schnitzer and Dave Mitchell from the Museum of Outdoor Arts. Mayor Garren offered congratulations 10 all of the students whose artwork is featured in the 2004 Englewood Calendar. We'd like 10 offer a special thanks lo the art teachers and parents for their support of these talented artists . I would also like to recognize the Cultural Arts Commission for their enthusiastic support of this project. Several local businesses also helped sponsor the calendar. We want to give a big thanks 10 the Museum of Outdoor Arts, A & B Custom Framing, The Press works, Colonial Bank, Miller/Weingarten Realty, Office Depot. Red Bird Farms, Mile High Coffee, and Cornerstone Books. Mayor Garrell said we will be returning the artists' original artwork this evening. A$ you can sec, we've had the pieces matted and framed . The artists will also receive a gift card to Hobby Lobby that you can use 10 buy art supplies . Mayor Garren said Council Members Wolosyn, Bradshaw, and Tomasso will come down and make the presentations. We'd like the artists 10 come forward as your names are called. After the recognition, we would like all the artists to gather in the lobby outside Council Chambers so we can take a group photograph of the artists with their artwork. Council Members Wolosyn and Bradshaw introduced the 2004 Calendar artists and presented them with their matted and framed pieces. Shay Wedlake is a 12111 Grader at Humancx Academy . Shay's piece. entitled "Natives," appcan on the cover of the calendar. lmani Maxey-Bell is a 2..i Grader at Maddox Elementary. lmani's artwork. "Happy Horse," appcan in January . Kayla Bundy is a 2nd Grader al Bishop Elementary School . Kayla's artwork appears in February . Kayla's piece was created last year when she attended Clayton Elementary. Cameron Risch is an 8th Grader al Sinclair Middle School. Cameron's artwork, "Thti Fish of Costa Rica" appears in March . Lauren West is a 3nl Grader at Maddox Elementary. Lauren's piece, "Butterfly," appears in April . Ruby Castaneda is a 5th Grader at Clayton Elementary School. Ruby's artwork. "Linle Fro8s of th e Fores t." appears in May . Stephanie Hapke is a 6th Grader at Sinclair Middle School . Stephanie's artwork appears in June . Graham Kramer is a 4th Grader al Charles Hay Elementary. Graham's artwork, "Gleamin! Sun :· appears in July . Tri ,tcn urrent is a 9th Grader at Englewood High School. Tristcn' p~c. "Yin Yan8 Sun ," appears 10 Augus1. Tnsten·s art\l.ork wa created last year when she attended Smclair Middle School. n tina Rodnguez I a 5111 Grader at Maddox Elementary School . Cnsaina's artwork, "Pwc flm11111 ,!o," appears 10 September. • • Englewood City Council December 1, 2003 Page3 Zach McNurlen is a 4"' Grader at Clayton Elementary School. Zach's "Scaredy Car" appears in October. Council Member Bradshaw said we have two artists featured in November and the selection panel just couldn't choose between them, so we decided to include them both. Diego Ramos is a 7"' Grader at Sinclair Middle School. His artwork is entitled "Dia de /rys Muertos " Hannah Rasby is also a 7•h Grader at Sinclair Middle School. Her artwork is entitled "Dance of Deat/r" Jessica Malone is a 6"' Grader at Englewood Leadership Academy. Jessica's artwork, "McKee's Elmer E/ep/ram," was created last year when she attended Bishop Elementary. It appears in December. There was applause from the audience after each artist was recognized. Council Member Tomasso gave each artist a gift card to Hobby Lobby after they received their artwork. Mayor Garrett said we would like to thank everyone who participated and everyone for coming this evening to help us recognize of 2004 Englewood Calendar Artists . There arc calendars available on the table m the back of the room, he said, please take some home with you and enjoy them throughout the coming year. (b) Safety Services Director Chris Olson said Your Honor, City Council Members, guests in the audience, and family members, we really appreciate you allowing us to do this tonight. This is a presentation of awards to our employees. Normally we do this about once a year when we have an awards ceremony for Safety Services. We did this about a month ago, but the gentlemen who are here tonight were not able to be in attendance at that meeting. So, we decided to do it in front of you tonight. We hope you will recognize these folks and appreciate the services they do provide to the City of Englewood. What I would li11e to do first of all is ask Chief Dave Maxwell to come up and assist me with this process. Our first two awards are going to be to members of the Fire Division. I would like to a,~k Fire Medic Greg Weaver to come up. Mr. Olson said we arc always very proud of all of the people in our organization, but obviously throughout the year there are certain individuals that are recognized for activities above and beyond the normal expectations of their job. I would like to read this certificate for Fire Medic Greg Weaver. "Fire Medic Greg Weaver is hereby awarded the DisJinguished Service Award for his exceptional se rvice to the City, the Department and the Fire Division, throughout the course of his career. Greg has been an activist in the areas of EMS and fire service training. public education, the SWAT Medic Program and other areas in which he recognizes the need. Greg has given very unse.lfishly of his time and resource~ to make Englewood a safer place to be. Fire Medic Weaver's commitment and dedication represents the highest standards of the Department of Safety Services." Director Olson congratulated Mr. Weaver. There was applause. Directo r Olson said I would like to say that Division Chief Kieth Lockwood would normally be here for thi s, but he had a death in his family so he is attending to that matter tonight. Direc tor Olson s aid next I would like to ask Driver Operator Engineer Mark Stout to please come forward . DOE Mark Stout ,s hereby awarded the Fire Division Service Award for his role in the procurement of the American LaFrance fire apparatus. His tireless efforts in the development of the specifications for apparatus and equipment. factory inspections, acceptance tests, mounting of equipment and the training of personnel. reOec t hi s dedication to the Englewood Fire Division. DOE Stout's involvement and dedication represent s the high standards of the Department of Safety Services. Mark. congratulations. There was ap plau..:. D,rector 01 ;.on said our final award tonight is a very s~ial award and it goes to a member of our Police D1 v1s 1o n. As all of you know, this has been an exceptionally toug h year, not only for the City organization, " t .. .. • • Englewood City Council December 1, 2003 Page4 but for our department as well. We had two serious injuries this year and one of them is to the individual we are recognizing tonight. It is very rare that we actually have somebody who is shot in the course of duty. That occurred to this individual and he was not able to be with us at our last awards ceremony, but he is here tonight. I know we have representatives of his family here as well. I am going to ask that Officer Eric Zasada please come forward. There was applause. Director Olson said I will read the citation, "fhis certificate is presented to Officer Eric Zasada and it represents the Medal of Valor and the Purple Heart . On May 2, 2003, Englewood police responded to a call of a barricaded subject at 3052 South Washington Street. While other police officers were attempting to negotiate with the suspect, Officer Eric Zasada and other officers positioned themselves to the rear of the suspect's house. Rather than surrendering peacefully, the suspect stormed out the back door and immediately opened fire on the officers with a shotgun. While returning fire with his own shotgun, Officer Zasada was critically wounded by one of the shots fired by the suspect. During this most critical incident, Officer Zasada displayed calm and courage in trying to affect the arrest of an obviously dangerous person. Officer Zasada unselfishly placed himself in harms way, thus jeopardizing his own life in order to protect the lives of others . For his heroic actions during this event, Officer Zasada is awarded the Medal of Valor." There was applause. Director Olson said , also, for having been seriously wounded by a deadly weapon during the performance of his official duties, Officer Zasada is awarded the Purple Heart There was applause. Director Olson said Eric, I know you have several members of your family that have come quite a ways to be here for this . Officer Zasada said I would like to thank all of my family and friends for being here. but most of all, I would like to say that there are six reasons why I am here today. There were six officers there with me that day. and that is the reason I am here today alive. Those guys saved my life that day . They are Dave Jones, Bob Irving. Sergeant Forbes, Don McLennan, Brian Cousineau, and John Tumidge. I would like to thank them for being there . There was applause. Director Olson said Council, thank you again for this. During this episode as well, Officer Don McLennan was also awarded a significant Medal of Honor for his actions in essentially stopping this individual who was engaged in a firefight with these officers. We hope this kind of thing does not occur very often in Englewood and. unfortunately in this case. Eric was between the bad guy and the other end of the round this guy fired . Luckily he is here . He has just returned to duty. And that was May 2 .. when all of this occurred and it was a serious situation, so we are glad to have him back and. again, thank you for bringing your family here . I know you arc proud of him, just u we are. So, Director Olson said, again, thank you very much for recognizing all of these individuals from Safety Services tonight . I appreciate that . Mayor Garrett said thank you very much . On behalf of the City, we want to say how much we appreciate all the services yo u give to the citizens here . Thank you very much . There was applause . 7 . Unscheduled Visitors (a) Jane Coleman, 3901 South Galapago Street, said this is just short and quick . I would like to give yo u an update on Jason Park. We have a cleanup crew that is coming in three times a week . I, myself. go every morning and walk the park . I find that it is clean . We are actively slaying away from the soccer field and the baseball field , so, there shouldn't be any problem with that or with the graSll . If we sec people on it. th ey are asked to move to the side or move to an area that is away from the soccer and the baseball field s . I just wanted to bring you up to date . The park is clean. We are monitoring it . We are wo rking with the people and we are hoping that we can keep our Juon Park. Thank you. Mayo r Garrell thanked Ms. Coleman. T he re were no communicatio ns. proclarnauo ns or appo1nunenu. • • Englewood City Council December I, 2003 PageS 9. PubUc Hearing No publi c hearing was scheduled before Council. 10. Consent Agenda (a) Approval of Ordinances on Firsl Reading COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I) and (II), 10 (b) (I), (II), (UI), (Iv) and MAND 10 (c) (I). (i) COUNCIL BILL NO. 88, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "AMENDED AGREEMENT FOR THE DELEGATION OF PRETREATMENT/INDUSTRIAL WASTE CONTROL PROGRAM RESPONSIBILITIES." (ii ) COUNCIL BILL NO. 87, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18n, JUDICIAL DISTRICT. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 79. SERIES OF 2003 (COUNCIL BILL NO. 64. INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED ;'DEPARTMENT OF THE ARMY RIGHT OF ENTRY FOR ENVIRONMENT AL ASSESSMENT AND RESPONSE" BETWEEN THE U.S . ARMY CORPS OF ENGINEERS AND THE CITY OF ENGLEWOOD PERT AlNING TO THE PLACEMENT OF HIGH-VOLUME AIR MONITORING UNIT AT THE ENGLEWOOD GOLF COURSE. (ii) ORDINANCE NO. 80. SERIES OF 2003 (COUNCIL BILL NO. 78. INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE APPROVING THE 2003 CITY DITCH/HIGH LINE CANAL AGREEMENT BY AND BETWEEN THE CITY AND COUNTY OF DENVER. ACTING BY AND THROUGH ITS BOARD OF WATER COMM ISSIONERS. (DENVER) AND THE CITY OF ENGLEWOOD. (ENGLEWOOD) FOR THE DELIVERY OF RAW WATER. (iii ) ORDINANCE NO. 81. SERIES OF 2003 (COUNCIL BILL NO. 80, I TRODU ED BY COUNCIL MEMBER BRADSHAW) , AN ORDINANCE APPROVING A LICENSE AGREEMENT AND GRANTING A TEMPORARY CONSTRUCT ION EASEMENT FOR 2890 S . CLARKSON STREET lN ENGLEWOOD. COLORADO. (1v) ORDINANCE NO. 82, SERIES OF 2003 (COUNCIL BILL NO. 81. INTRODU ED BY COUN IL MEMBER BRADSHAW) A ORDI ANCE APPRO ING THE INTERGOVERNMF. AL GREEMENT BY AND BETWEEN URBAN DR I AGE AND FLOOD ONTROL DISTRICT. THE CITY OF ENGLEWOOD. t .. • • Englewood City Council December I, 2003 Page6 D COLORADO, AND CE NTENNIAL WATER AND SANITATION DISTRICT FOR DESIGN AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR MARCY GULCH AT ENGLEWOOD'S CITY DITCH . (v) ORDINANCE NO. 83, SERIES OF 2003 (COUNCIL BILL NO. 82, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING THE CONNECTOR'S AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO. AND SOUTH ENGLEWOOD SANITATION DISTRICT NO. I. (c) Resolutions and Motions (i) PURCHASE OF FIVE VEHICLES THROUGH THE COLORADO ST ATE BID PROCESS, FOR A TOTAL OF $165,810.00. Vote results: Ayes : Nays: Motion carried. 11 . Regular Agenda Council Members Barrentine, Moore, Bradshaw, Garrett. Wolosyn, Yurchick. Tomasso None (a) Approval of Ordinances on First Reading (i) Senior Planner Langon presenled a recommendation from the Department of Community Development to adopt a bill for an ordinance approving the vacation of the Trolley Square Planned Development overlay designation and approving a Development Agreement between the Dillon Real Estate Company, Inc. This is a request by Dillon Real Estate Company to vacate the Trolley Square Planned Development. She said I will just state, up front , that we arc talking about a Planned Development. .. a PD, rather than the PUD, something that you are more used to hearing about . Staff recommends that Council approve the request to vacate the Trolley Square Planned Development overlay designatio n and also recommends approval of the attached development agreement pertaining to future devel o pment requirements on the property. This issue was considered and recommended by the Planning and Zoning Commission on October 21, 2003. The site we are discussing this evening is a 5.5 acre site at IOI Englewood Parkway. It is the King Soopers site. It is occupied presently by the King Soopcrs supermarket and two retail buildings along Englewood Parkway and at the northeast corner of the site. I will say that this si te does not include the Kaufman 's retail store. That is not included in this site. The two issues for yo u tonight. as I sai d , are the PD overlay and then al so the development agreement. The PD is an overlay and that establi shed requirements for standard s that were s uperimposed over the underlying base zo ne district requirements . So, they are additional requirements for thi s s ite that were s uperimposed on its 8 -1 zo ne di strict requirements. The Ci ty, in 1972, establi shed the PD regulations and those PD regulations allowed minor deve lopment flexibilitie s when a property was developed, but it did not rezone property, it maintained the underlying base zone distri ct requirements . In 1984, thi s site was developed as a use by right under the B-1 zone di stri ct requirements and regulations . The PD W'.\S not required at that time . At th at time. in 1984, the grocery store, along with a two level set of sho ps along Broadway and a two level parking garage were built there , along with a single story retail along the Parkway. In 1994, the B -1 regulati ons were a me nded requirin g any property over I acre in size, which this s ite was, to be developed under PD re gulations and requirements. So. in 1995. when King Soopcrs wanted to redevelop this site by removi ng th e two level retail along Broadway and the parking structure, they were required to do that under th e PD process. Now. again . the PD process allowed some flexibility . At that time though. King Soopcrs did not take ad vantage o f any of the fl exibi lit y o ption s th at were available to them through the PD process. They utilized only the standard B-1 zo ne di strict regulations and requirements. In 1996 the PD regulations were repealed . T here were tw o conditi o ns when the PD was approved. Number one was for a nine foot ea;ement a long the south ide of We st Fl oyd Avenue, from the entrance of King Soopcrs to Broadway, and that was for future devel pment of a ri g ht -tum lane fr o m Floyd to Broa!lway, s hould that be needed . The • ' • • t • - Englewood City Council December I, 2003 Page? other was a dedication of ten feet of property along the north side of Englewood Parkway from the King Soopers' entrance back to South Broadway, also for the purpose of roadway improvements. Again, should those improvements be needed. Public Works reviewed the requirements of those two conditions and the first condition, was imposed again, in case traffic conditions would necessitate adding that right-turn lane from Floyd onto Broadway. They feel that this condition is still a valid condition. However, they feel it is not necessary to maintain the PD only for this condition, because this condition could be addressed through a development agreement. The second condition, for the roadway improvements along Englewood Parkway ... Public Works reviewed and felt that they were no longer necessary. However, other turn lane requirements at the entrance, actually the exit lane requirements, would be a more valid concern. So basically, the PD was required only because of the ordinance change requiring property above one acre to be addressed through the PD process. And, the PD no longer is really necessary, because condition two is no longer necessary and condition one can be achieved through the development agreement. The 1995 development of this site fully met B-1 zone district requirements and the PD did not utilize any of the flexible zoning options that were available to them at the time. Therefore, the overlay really only adds time to the property owner for development purposes and it is also an administrative addition for staff to maintain. It is basically an unnecessary regulatory layer. So, therefore, the PD, because it adds no zoning value to the development. because it did not take advantage of the flexible options, and it complies with the underlying zoning regulations. staff would recommend that the PD is no longer necessary. The second issue is the development agreement and that is attached. There arc three basic points prior to any permits for redevelopment of this site. There would be the requirement for the dedication of an eight-foot wide Iran portation/utility easement for sidewalks along South Bannock. That was not actually a condition of the original PD. but was a request from the Public Works Department, because the sidewalk along South Bannock, the public sidewalk, is actually on King Soopers property. So, to become a public easement area, we would require the dedication along that stretch. Also, we would require the widening of the access from the site onto Englewood Parkway to allow a free right turn. Then the last portion of the development agreement would be the dedication of that nine feet, for right-of-way along West Floyd, should that be needed in the future. She said if you have any questions, I will be happy to address them. Council Member Yurchick said is Dillon planning on doing something with that site now? Senior Planner Langon said Mr. Letcher is here . He can address that question probably more fully . They do have plans for remodeling . If you would like additional information. I think he can help. Mr. Bob L!:tcher said I am Director of Facilities for King Soopers/City Markets. Yes, we arc looking at the project in total at the present time. And when we met with the City, we made the compromise to come before Council and Planning and Zoning to make these changes to ease the process for everybody. We are looki ng 10 expand the store and improve the total interior of the present store ... changing all departments and improving it to today's standards. Council Member Bradshaw said as part of history. I was on Council a million years ago and King Soopcrs rnuld not get out of their lease. when they were at Cinderella City. to move over there. so the City. at that time , bailed them o ut. .. bought their lease to the tune of a million and a half/two million dollars. paid off their lease, so that they could move into that development . And at that time, they said they were going to put in a ,uper store and so is this it ? Mr. Letcher sa id it all depend s on what you call a super store . When we built the store in 1984, we felt that was the sa me thing a3 a super store at that time. but is no longer a super store . So what we arc doing now is. if yo u want 10 call it a super store . I'm not sure how you want to address it. Ms . Bradshaw said will it look anything like to one at Holly and Orchard? Mr. Letcher said no . it won't be like Holly and Orchard. It will be more like the store we have just opened at the Wildcat Reserve in Highlands Ranch, or Longmont . Wind sor, or Denver. It will have all our standard features ... a seafood dcpanment. pccialty meats . floral, expanded GM and all of those . but it won't be like Orchard and Holly. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I)-COUNCIL BILL NO. 16. t • • Englewood City Council December 1, 2003 Page8 COUNCIL BILL NO. 86, lNTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING THE VACATION OF TROLLEY SQUARE PLANNED DEVELOPMENT lN THE CITY OF ENGLEWOOD, COLORADO. Mayor Garrett asked if there was any further discussion . Council Member Bradshaw said I would like to say something. I am glad that King Soopcrs is finally stepping up to the plate after 19 years, but l was hoping for something better. Vote results: Ayes: Nays: Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Yurchick, Tomasso None (b) Approval of Ordinances on Second Reading (i) Council Bill No. 77, providing for the installation of all-way stop signs at Knox Court and Tufts Avenue was considered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I)-ORDINANCE NO. 84, SERIES OF 2003. ORDINANCE NO. 84. SERIES OF 2003 (COUNCIL BILL NO. 77, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE PROVIDING FOR THE INSTALLATION OF ALL-WAY STOP SIGNS AT KNOX COURT AND TUFTS AVENUE lN THE CITY OF ENGLEWOOD, COLORADO. Vote results: Ayes: Nays: Motio n carried. Council Members Barrentine, Moore. Bradshaw, Garren. Wolosyn, Yurchick, Tomasso None (c) Resoluti o ns and Motions (i) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a resolution approving a Supplcrncnlal Appropriation to the 2004 Budget for the Safety Services Department and Municipal Court. He said the source of funds is the Unreserved U ndesignated Fund Balance of $627,500.00. The use of those funds will be $480,500.00 for afety Services. which is restoration of positions and pension contribution and $47,000.00 to the Municipal Court for perwnncl expenditures to continue office hours and SI00.000.00 to the deferred revenue sales tax account . Mayor Garrett said are there any questions for Frank? Coun 11 Member Yurchick said does that mean that approximately $600,000.00 will go into our Reserve Fund. too . Because I thought we took half of that money that we found and spent half and saved half. Council Member Bradshaw said you arc talking about a different amount. Arc you talking of the amount fr o m the budget retreat '/ Co uncil 1cmber Yun:hu:k '>lltd no. when we discussed this. I thought we were putung half in our Reserve Account t • • Englewood City Council December 1, 2003 Page9 City Manager Sears said no, I think what we had come up with was $930,000.00, which was the $339,000.00 that we were not going 10 transfer back 10 the Public Works Department for the Scrviccnter and then the additional $600,000.00 that we had anticipated as new revenue or higher level revenue, so the net result was $939,000.00. So, Council Member Yurchick said, there is $300,000.00 going in 10 the Reserves. Basically, City Manager Sears said, I think there is $300,000.00 that will go there. Mayor Garrell said we took half oul, the first lime we did ii. Council Member Yurchick said there has been so much money popping up, I'm confused. Mayor Garrett said docs anyone else have questions for Frank'/ No one did. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RFSOLUTION NO. 85, SERIF.S OF 2003. RESOLUTION NO. 85 , SERIES OF 2003 A RESOLUTION FOR THE APPROPRIATION AND TRANSFER OF FUNDS. Vote results: Motion carried. Ayes: Nays: Council Members Barrentine, Moore, Bradshaw. Garrett, Wolosyn, Yurchick. Tomasso None (ii) Housing Finance Specialist Grimmett presented a rccommcnda1ion from the Community Development Department to adopt a resolution approving a Community Dcvclopmenl Block Gran! Application for 2004. M s. Grimmett said I am here this evening to ask approval for our annual application 10 Arapahoe County for our Community Development Block Grant funds. We have an annual appropriation of about $150,000.00. but we must submit applications for our proposed projects. This year we pl a n IO do approximately four different projects. One is relatively new, it is going to be a modification of o ur rehab program, by adding kind of a handyman component that will address some of the needs of our seniors and di sabled , 10 do the little things around their house 1ha1 we haven't been able 10 quite get done through the Handy Lion Program. These types of things will be for adding grab bars, doing minor repairs, such as fixing broken windows or repairing a door. thal type of thing . This particular project will be SCI up as a grant. so that the small cost will be fully given 10 the senior al that particular point . This is going 10 be an extension o f our existing rehab program, where we are already planning 10 do extensive home repairs and loans through o ur regular program. We also request funds for that particular program and we arc also requesting funds for the extension of our second year of the Paint-up/Fix -up Program for a targeted area \\llhm the C ny 1ha1 ha s not yet been identified. We had a s uccess ful first year. ·we plan 10 expand that for the second year. And then lastly . we wan! 10 apply for an additional fourth year appropriation 10 support the Ho use of Hope ho rncle s sheller. They still have needs fo r assistance with staffing. so they can keep the foc1h1y o pen 24 ho urs a day. 7 days a week . They still need our assistance with that . So that will. approximately. take up o ur full $150,000.00. We won't know the exact allocation until probably early next s pring. but we anticipate 1ha1 any additional ('.mds will probably be pul in the Rehab Program. She asked if there were any questions. There were none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) -RFSOLUTION NO. 86, SERIES OF 2003. RE OL TIO 0 . 86. SERI ES OF 2003 ' • • Englewood City Council December 1, 2003 Pase 10 RESOLUTION BY THE CITY OF ENGLEWOOD AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO, TO FILE AN APPLICATION WITH ARAPAHOE COUNTY FOR A 2004 COMMUNITY DEVELOPMENT BLOCK GRANT. Mayor Garrett asked if there was any discussion . There was none. Vote results: Ayes: Nays: Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Yurchick, Tomasso None 12. General Discussion (a) Mayor's Choice (i) Mayor Garrell said we are having our Englewood Shines this coming Saturday. I'm sure we will all be waiting for Santa to get off the light rail, so I encourage you to be there. (ii) Mayor Garrett said on December 1s• we are going to have a slightly earlier start. As you recall , we arc having a reception for Sinclair students that were in a project that Bev brought to Council's attention. That is going to start at approximately 7:00 p.m. We are having dinner before that as a group, so I was thinking we probably should start at about a quarter to six, with dinner, because we won't have dessert. We will be coming back here for the reception. If that meets with Council's approval, I thought we would start a few minutes earlier to just make sure we get back in time. (iii) Mayor Garren said there is a Malley Grand Opening this Friday at 2 o'clock for the doubling of the size of the Malley Senior Center. Council Member Bradshaw said she would not be there. She said I have a luncheon at the college. Mayor Garren said for those that can make it. it will be a nice event. (iv) Mayor Garrett said this is what I want to clarify. When we were talking about the Task Force and the infamous dog issues, it is my understanding that the Park and Recreation Department will try to get with several people from the community and start to think about the ideas we can explore. I have had a person call me about that Task Force and I just want to sort of articulate what I believe is what we decided. Is that what we decided? Council Member Bradshaw said that is right. Because I think, eventually, we do need to look at a real off- le as h park too. Not in addition to. or instead of. but a supplement to what we already have. City Manager Scars said I would like to offer our department to provide some assistance and Mike Flaherty, who ha s done a good job. would also provide some liaison assistance, if that is okay Mayor Garrett said I apologize. To me, it is up to the City Manager to decide how he wants to allocate staff. so I apologize . City Manager Scars said we will work with Jerrell Black and Dave Lee in particular and Mike 11oill do that. Maybe we can provide some guidelines back to Council on where, from a staff viewpoint, we would like to see things and make ure that City Council is in agreement with where we go. Mayor Garrett thanked Mr. Sears. (b) Council Members' Choice (i) Council Member Bradshaw: • • Englewood City Council December 1, 2003 Page 11 I . She said you are all invited to Carol on the Trail. In addition to our events here, you can start with me at 10 o'clock on the trail Saturday morning. Peaberry Coffee is providing free coffee and there will be free donuts . St. Nick's is offering deals, so it might be worth your while to journey down there . And we have the infamous Board of Adjust and Appeals Santa showing up ... not free of charge, but that is okay. So, she said it will be great and there is a craft fair at the Recreation Center. So just plan on being in Englewood all day Saturday, she said. 2. She said I want to remind you of the Sinclair reception. I went to the one at Washington Mutual. Those kids' pictures arc incredible and there is one that I know has to win a national award. I hope that all the kids will bring their pictures down and you can spend some time talking to them, because it was fascinating what they did . 3. She said the other thing is we need to deal with Food Bank of the Rockies, because of their presentation last week. We need to think about that for some funding. because it sounds like they meet a huge need in our community and especially this year. 4. She said I wanted to also bring to your attention the letter from the City of Thornton. I know Mayor Busck acted on that with his staff. Mayor Garrett said is that being forwarded on to the Board ? City Manager Sears said we can do that. Ms . Bradshaw said we need to forward that to the Board again. Good point. (ii) Council Member Wolosyn : I . She said before I went on vacation last week. a constituent called and asked me about when we were having the Code Enforcement Commission look at the derelict vehicle ordinance. I noticed in the last minutes we got of the November meeting, they were going to look at the definition of a fence. I remember at one of our meetings. we were going to look at the definition of trailers. So this man would like to attend a Code Enforcement meeting when they are discussing it, but I have a feeling that happened at the November meeting. I just wanted to know. Can anybody here give me an update? Council Member Yurchick said there was no November meeting and they arc waiting for the UOC to come out with a definition of a fence . He said I don't know about the trailer definition. Ms . Wolosyn said will you have a December meeting? Mr. Yurchick said I don't know. you will have to ask Laurett . She is on the committee now. Ms . Barrentine said they have it listed on the calendar. Okay, Ms . Wolosyn said. I will tell him. 2. She said I decided I will be the liaison for Keep Englewood Beautiful. I talked to my husband ... l wo n't be super inv o lved. but I think we do need continuity with Boards. It is not a big burden, so I will do it. 13 . City Manager's Report (a) City Manager Sears said regarding the bookmobile lease. I will ask Hank Long to come forward and talk to Counci l about that. Director Long said I want to offer just as a little bit of a refresher. In the 2004 budget, part of the reductions that we were faced with was the suspension of the Bookmobile services for 2004 . When we lost one of the two driver positions earlier in the year. we also made the decision to suspend it early. S ubseque nt to that , we received a letter from the Douglas Public Library wishing to lease the Bookmobile for a year starting in January 2004 . I had talked with Council on October 13• about this and wu given the d,rccuon to proceed with negotiations with a couple of caveats, one being to raise the price from $7,S00.00 to S 12,000.00. Douglas subsequently agreed to do that and I have two igned contracts. which I will bring to you o n the 15"' for forma l approval, ass um ing that after to ni ght , we go in that direction . He said do you have any que~uons 'l I will be happy to answer those . " • • Englewood City Council December 1, 2003 Page 12 Council Member Bradshaw said is it for one year? Mr. Long said yes, for one year. Ms. Bradshaw said he mentioned two years in this, that they are looking at maybe a two-year period . Mr. Long said we arc looking at year to year, and depending on what the circumstances arc with us and with them next year, we could renew the contract. But, it is actually only for one year. Council Member Wolosyn said as l read this, am I correct that the $12,000.00 is essentially an upkeep fee . Mr. Long said there arc two parts to that . One part is the annual maintenance for keeping the vehicle operating and, as part of the contract with Douglas, our Scrviccntcr will do quarterly maintenance, as if we were still running the vehicle. That is a little bit over $4,000.00. The other part of that is the CERF amount that they charge for vehicle replacement every year. If we were going to have the vehicle parked, it would be waived for the Library. However, since it is going to be on the road, Public Works feels that this is needed to insure the life of the vehicle . So, therefore, it would briefly pass through my hands and on to Public Works, reluctantly. Mayor Garren said a couple of things ... and if I missed it, I apologize. But if I go to Hertz and rent. I don 't get it at cost, which is their vehicle replacement and their upkeep. I have to pay something extra for having the ability to lease this vehicle and not purchase it on my own. One of the things we talked about is that we were going to get some benefit back to the Library. This basically is just a break-even proposition for Englewood, as opposed to actually helping the Library recover some of the funds . And two, if I take my car to Hertz ... ! don't have an unlimited mileage plan, I have to pay for excess mileage . Or if I lease a car I do that. Where, if it turns out their use of the vehicle is extraordinary, it is a pretty cheap deal. If they start running it back and forth a lot, that is going to be additional wear and tear and the $4,000.00 may cover the maintenance, but clearly the $8,000.00 is not covering the replacement cost, because it will be damaged quicker or have to be replaced quicker , if they arc using it for high mileage, and there is no penalty for that as well . Director Long said the understanding is ... and it is not a part of the contract ... they will keep it parked three days of the week in one location. then they will move it to another location for another two days. They will not be running it on the road five days a week . When we talked to the Scrviccnter about that, they felt that would be the equivalent of us running it five days a week . But, Mayor Garrett said, that is not contractual. They could run it five days a week, correct? Mr . Long said yes they could. So. Mr. Garrett said, there is no limit as to how much they could actually use it. Mr. Long said that is correct. There is no language to that affect, you are right. Council Member Bradshaw said is there a mileage limit ? Mr . Long said no . Ms. Bradshaw said that would be one way to take can: of that. But. Council Member Barrentine said , we would know how much the mileage normally was when we were using it . And that is what they arc basing their maintenance off of ... the average use that it cost them before, correct"/ Mr. Long said correct. Ms. Barrentine said couldn't we set that as the minimum? Council Member Bradshaw said let's set that as the maximum . Or, Mayo r Garrett l>a1d. ha,·e penalties on the other side ... have penalties for extra mileage. My concern also i that the whole purpose ... why I did this or thought it was a decent idea, was to get money back in the coffers o f the Library . Ms. Bradshaw said right. Direc tor Long said and I thank you for that. That was my understanding too at the time . Ms. Bradshaw s:ud but that 1s not going 10 happen. Mr. Garrett said at $15,000.00 it would . Mr . Long said it would, but I'm 001,urc the would be w1 lhng to do that . But, I can certainly go back to them at thi s point, if that is ·o ur request . and see about nu ing that. Counc il Member Bradshaw said I think lhcrc arc two i ues ... m1lcagc and money. 4• ' .. • • Englewood City CouncU December l, 2003 Page 13 Director Long said I can ask to increase that to $15,000.00 and I can also put in a penalty for above what our average mileage is. if that is what you want. Ms. Bradshaw said okay, that is fair. Council Member Barrentine said otherwise we arc better off letting it sit. We don 't expend any money on maintenance, because it is sitting, and we arc not charged for any of that . I think that is reasonable lO make some profit. Oh, this is government, government doesn't have profit. Mr. Garrett said this would be enhancement revenue for the Library. Council Member Wolosyn said I am not exactly clear about the $8,000.00 for the CERF. Could you explain that to me? Director Long said there is money set aside for the Bookmobile, just like all City vehicles, so when they reach the end of their usable life, there is money in the bank to buy a new one, and that is that CERF account. And, when we bought the new Bookmobile back in 1991, I believe, it was added to the CERF Fund and every year since then we have paid into the CERF Fund, so that if the vehicle ever docs wear out, there would be money to buy a new one, if that were the wishes of the City at thal time. Ms . Wolosyn said you do pay $8000.00 to them every year? Mr. Long said yes, every year. Council Member Barrentine said how many communities arc using a Bookmobile? Director Long said there arc three others ... the Arapahoe Library District has one. Jefferson County Library District has one and Denver Public Library, but they also serve much larger areas. Ms. Barrentine said, as will Douglas County. But, Mr. Long said, Douglas is not using it in the sense of a traditional Bookmobile. They have two of their small libraries that they arc going to be remodeling this coming year. and that is why they were looking at this ... to serve as a temporary replacement for those storefront libraries. So. Ms. Barrentine said, their using the Bookmobile will save them some money? Mr. Long said it will save them some money. yes. Ms. Barrentine said okay. I wondered what the market was for Bookmobiles. Council Member Bradshaw said good question. Director Long said they are expensive vehicles. This one was about SI I0,000.00 to $120,000.00 when we bought it in 1991. Ms . Barrentine said I am sure a library is much more expensive. Mr . Long said yes it is, on many levels. He said I would be happy to take those two requests back to Douglas with the possibility that they may or may not agree to it . Mayor Garrett said arc there any other comments. Council Member Moore said arc we really saying that sitting idle for a year saves nothing versus letting it go out and bringing in $12,000.00, is really equal to us? I guess maybe I'm looking at it. thinking that the vehicle depreciates, whether it sits there or not, and so we arc at least getting paid for that depreciation. Maybe Ken can comment on this, but it seems like our options are zero if it sits there or $12,000.00 and they can get a linle use o ur of it . It is not clear 10 me that that is an equal proposition. Director Ross said we arc sayi ng if it is sining there, then when we do activate it again. the Library will have that extra year of use. Thar is why we cancelled or forgave the $8,000.00 CERF payment. But you are right , the value of the vehicle, if it is sining there or if it is operating. it keeps going down and down. But when we set up the CERF. we already factor in the salvage value and all that. Council Member Moore said let me phrase it differently . If we delay a year. I mean if we lea,-c it idle for a year, does that truly delay the replacement a year down the road? Cars age regudless of the use or noc . really. Mr. Ross said obviously ... it is debatable. I mean. if the hose lines art rotting while II i ining there , or th e vehicle is ru ting out as ii i sitting there. then obviously you 're noc delaying the potenual that it will be replaced. but that is the :issumption that we made . Council Member Barrentine said although you pay more for a low mileage car than you do for hich mileage car. so it would s till depreciate less si tting there than if u were being used . Mr. R06S said theore11cally. 1ftherc is a market for a Bookmobile. ., t .. .. ,•. • • Englewood City Council December 1, 2003 Page 14 Council Member Moore said, in going back to them with a $12,000.00 proposal, is that the number wc talked about? Director Long said that is the number I recall . We talked about changing that $7,500.00 to $12,000.00 and that is the number I gave th em. In talking with .them informally, that is what they felt they could pay. Council Member Moore said I absolutely agree with the mileage restriction, because we did talk about that as well . I would like to see that added. I am okay with just staying with this agreement. It i~ covering some of the depreciation and I'm kind of uncomfonablc going back for $15,000.00 at this point, if $12,000.00 is what we previously had talked about . I don't know if I'm missing something or not. Director Long said I apologize if I misunderstood , but that is the figure I walked away with. Ms. Bradshaw said we gave you $12,000.00, that was the figure we set. Mayor Garrett said we thought we were getting something back for the Library as well . Ms. Bradshaw said we thought it would go $4,000, $4,000, $4,000. Director Long said I suppose we could still talk about that. Council Member Wolosyn said I think we need to. She said here is my question Hank ... whcn you went to them, were you still under the impression that you would be seeing some of that for the Library, with the $12,000.00'/ Mr. Long said I can't recall which came first. I remember talking with them and then talking with Ken. so it is a little muddled, shall we say. But, he said, I would be willing to go back and look at that. Council Member Wolosyn said I do see how we arc gaining, because we will be able to replace the vehicle sooner and that is clarifying for me but, I do also feel quite disappointed , because I thought what we were discussing was to bring an asset to a panicular dcpanment. Mr. Long said so did 1...1 was hopeful we would be able to use that to fill at least pan of a position that we lost. Council Member Moore said the Library docs still stay one year closer, in this circwnslanee, to being able to replace the Bookmobile down the road. So there is, at least, a deferred gain of sorts. Council Member Barrentine said I think it kind of depends on what it is wonh to Douglas County and what they are willing to pay for this . You don't make it sound as if there is a whole big market for renting used Bookmo biles ... for their situation, for what they arc trying to use this for. I think it is reasonable for the Library to go ahead and make some money off of it, since we are not providing that service. I guess with the original figure, they thought that you were going to come out with some money. This was not an even trade just to help Douglas County out ... this was something where you would recoup some of your money . Director Long said when we entered into the talks with Douglas County, that is what I thought we would be able to do. But , at that time, I wasn't under the impression that I would have to pay Public Works for the CERF and also for the annual maintenance. I understand the annual maintenance ... I don't have a problem with that. Council Member Yurchick said I hear Ken sayi ng he forgave the CERF and Hank saying he has got to pay it . Where are we at on thi s? Director Ross said we were going to forgive the CERF if he was just going to park it fo r a ye ar. That is where that expression came from , but since he is not parking it and it is getting used, pote~tially, even more than what it would if il stayed in Englewood, we didn't feel comfonable with fo rgivi ng it. Mayo r Garren said we ha ve two issues . Let's separate them and make it easy. Who would like to have some kind of mileage penalty built into the contract ? Council agreed to the mileage penalty. Mayor Garren said wc will at least have the mileage penalty. Now, he said, for the more critical issue. Do wc wani to stay with the $12,000.00 with the mileage penalty or should we go back and renegotiate" slightly hi gher rate so the Library can recoup something? Council Member Barrentine said I would like to ask one more questi on. Is there a possibility that we could ask the m if they wanted to do their o wn maintenance? Leave it at $12.000.00 and let them do their own mainte nance. •• ' ... .. • • Englewood City Council December 1, 2003 Page 15 Director Long said we could do that, but my understanding from Public Works is they would prefer that we do it here in the City, because that way we are assured of the quality. If we let them do it, and this is no reflection on Douglas County Library, it is just that we do not know to what degree of service they would maintain the vehicle. Council Member Wolosyn said in the original discussion that we had that night. when we talked about the S 12 ,000.00, I know there was some mention that they would bring it to our Servicenter for servicing and I thought they would be paying our Servicenter. Director Long said not above and beyond the $12,000.00, no . She said that does seem strange to me . That is why I asked if the $12,000.00 was for service only, not for rental. Usually you rent something and you pay to service it. Mr. Long said right and I am sorry if I gave the wrong impression on that. So, Mayor Garrett said, do we want to stay at $12,000.00? Who wants to stay at $12,000.001 Council Member Moore said we have already been to the table twice, I don't think it is right to go a third time. Council agreed to stay at $12,000.00. Director Long said we stay at $12,000.00 and I will work with Public Works to get the com:ct phrasing for the mileage penalty. In doing that, I still intend. if all goes well, to bring this back to you on the 15• for formal approval. So thank you for considering it . Director Long said I will also mention while I am here, that on Saturday, besides everything else that is going on, the Friends of the Library will be having a bake sale and a book sale. So as you are running around madly, please stop by . Mayor Garrett said it goes with the donuts. Council Member Bradshaw said we can sing, eat, walk, come over here, read, sing, and have marshmallows . Cool. (b) City Manager Sears said the other issue you have before you, is a lcttcr to be sent to Cal Marsella . This was crafted by our staff and our attornel to again respond to the response that we received from RTD from our o,iginal letter dated September 29 . This is rcguding the landscaping requirements that arc needed by RTD for the completion of the maintenance center ... the 1.5 acres of open space. Before I sent this to Cal. because this does become somewhat of an official record, I wanted to let Council be aware of it and look for any comments Council may give to me about this letter. I don't know exactly what the response is, but clearly the response that we received from RTD was not what we were anticipating. Council Member Bradshaw said it sounded like he got a different letter. Mr. Sears said, unfonunately, I had hoped that from that letter we would have had more internal discussions with them, but that hasn't been the case. We just want to make sure there is a paper trail as to what that requirement is . Ms. Bradshaw sai d because we didn't ha ve one. Ci ty Manager Sears said they wanted to do it on the north side of the property and that is unacceptable. It does tie into their purcha se. but we have not seen that document between Barton and RTD. We know that deal has been done. We just have to flag that they have until , basically, April to provide that to us . Council Member Yurchi ck sai d I have a question on open space on development Docs that mean public access or does that mean behind the fence qualifies? Council Member Bradshaw said it is public access, isn't it, open space? No? So the space between the rail and the fence that has cra p in it. is called open space'/ Mayor G&JTCtt said native din. Ms. Bradshaw said 00 1 nati vc din but native trash . Senior Planner Langon said genera ll y open space is just an area that is not developed. (Clerk ' note: Ms . Dannemiller made comments !Tom the audience that were not audible .] t • • Englewood City Council December 1, 2003 Page 16 Ms. Langon said an example would be an apartment building on a piece of property, in a courtyard area, that might be open space, but it's not public access area. So, Council Member Tomasso said, they can say between their line and the main rail is open space? Senior Manager Dannemiller said correct me if I am wrong. It can't be an area that is paved over ... or just by the virtue of the fact there is nothing built on it. There arc some additional requirements for open space .. .landscaping and things like that, but that docs not mean they have to have public access and be able to put benches and things like that on it. It is limited to open area developed with landscaping. Ms. Langon said correct. . .landscaping or some type of finish to the ground. It could be a detention pond, it could be an open space area ... multiple definitions. Council Member Bradshaw said but the fact is, they haven't done anything toward the open space requirement. That is the point of the letter. City Manager Sears said yes, that is the point of the letter. I think our intention, in part, is to get them to work with us on Bates Station and the piazza, so that they can utilize the open space requirement as part of the piazza development that occurs. I think it is kind of what is in the letter ... that we are saying that would meet our requirements, if they put together some agreement with the City ... that that is what the case is if FasTracks passes. lfFasTracks doesn't pass, then they have to provide some other alternative, which probably will be cash in that situation. I think what we arc trying to do is lead them into utilization of the piazza, utilization of the Bates Station, as their open space dedication, which is kind of a win/win on both sides. They should be willing to do that, especially through FasTracks, because the Bates Station is in that. I don't think our intention is to just develop some open space area that is inconsistent with where that development needs to go. But, unfortunately, we haven't been able to get their attention on that. I think because of T-REX and everything else, they have other focuses, but we just can't let this thing die and we need to step up and say, now come to the plate here. That is kind of where we are at. Council Member Bradshaw suid okay. ' Mayor Garrett said I am fine with the letter. Council Member Wolosyn said it is a good letter and I look forward to hearing the response. {c) City Manager Scars said, again, a reminder to the Council that next Monday night is somewhat the final meeting night for Study Sessions 'for the remainder of the year. Obviously, if there is something. like the Sinclair Middle School or something that does come up , we can make some adjustments on the 15"'. If there arc certain issues that we need to focus on, please let us know. We listed a couple of items and. probably, I think some of these items for next week may be adjusted back to provide for the Uniform Development Code. I think the Go-Peds issue, as I understand the Council. will probably be addressed more towards s pring. Or, to have it resolved by spring. Co uncil Member Bradshaw said have you seen the ads for them in the circulars? They arc all over. Not that we need to regulate because of ads, but they arc all over. Council Member Tomasso said there was somebody out the other night when it was about 20 degrees riding for about four hours . Cuy Manager Sears said so we could . I think, continue to do that next Monday night, but I also think that the first part of January may be a more appropriate time to do that. when we can actually really focus on that re gulation. We do ha ve the inoperable vehicle ordinance and methods of enforcement ... the outdoor storage ordinance. agam . .. t ... • • • Englewood City Council December I, 2003 Page 17 City Attorney Brotzman said those arc set for January s•. Mr . Scars said I am sony, what do you have? Mr. Brotzman said Aid to Other Agencies, miscellaneous licenses, vehicle maintenance agreement extensions. Mayor Garrett said we will also do a little bit more on the UOC . Council Member Bradshaw said right and on that Aid to Other Agencies ... we need to look at the Food Bank of the Rockies. Council Member Yurchick said have we given them money before or arc they a new one? Ms. Bradshaw said I thought we gave them some, but it sounds like their need is really huge this year. So we might have to cut back on some of our other expenses. 14. City Attorney's Report (a) City Attorney Brotzman advised that they would need a motion to set a Special City Council Meeting for December 8, 2003 at 6:00 p .m. to discuss the refunding of the Golf Course Bonds. [Clerk's note: This was listed as item 12 (b) (i) on the Agenda.] COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO SET A SPECIAL CITY COUNCIL MEETING FOR DECEMBER 8, 2003 AT 6:00 P.M. TO DISCUSS REFUNDING OF GOLF COURSE BONDS. Mayor Garrett asked if there was any discussion. There was none. Vole results: Ayes : Nays: Motion carried. Council Members Barrentine. Moore. Bradshaw, Garrett. Wolosyn, Yurchick, Tomasso None (b) City Attorney Brau.man said in the discussion of the ballot question for publishina by title rather than in full, the example was the UOC. The UDC is now coming forth on the 1s• for first reading. The explanation to Council was, unless by ci1ccption, we wt!uld publish cvcrythina. I would request at this time, not to publish the UDC . We would have it available in the Library, and available on the Web but not published in the Herald. Is that acceptable? Council determined that that wu accepcablc. 15 . Adjournment AGENDA FOR THE REGULAR MEmNG OF THE ENGLEWOOD CRY COUNCIL MONDAY, DECEMBER 1, 2003 7:30P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway 1. Call to order. fl: /cJ ~ Englewood, CO . 80110 2. Invocation. ~ 3. Pledge of Allegiance. ~ 4. Roll Call. al/ 'l ~ 5. Minutes. ofJP''l-Oa . Minutes from the Regular City Council meeting of November 17, 2003. ~ 6. Scheduled Visitors. (Please ftmit your presentation to ten minutes.) 7. a. City Council will recognize the 2004 Englewood Calendar Artists. b. Safety Services Director Chris Olson will be present to recognize Safety Services personnel who were recently honored with awards. Unscheduled Vi~t~~:JPlease limit your presentation to five minutes.) a. ::TA-AIL ~AH) -IUAAT'L ~AJ~u NI<. 8. Communications, Proclamations, and Appointments. ff 9. Public Hearing. (None Scheduled) " I 10. coo-f;•:'). , ... ____.... ~,/'IF ~~ ~N~i~ & Oppt/ 'l-p ~~;.;~ding.~ --7" i,~-,i~·,o~ v) /l)t.t · I. Council Bill Np '1§. · Recommendation from lhe Littleton/Englewood Wastewater Trutment l'tant to adopt a bia for an ordinance approving an Amendment for Delegation of the Pretreatment/Industrial Waste Control Program ResponslbiRtles with the Denver Metro Wastewater Reel.nation District. STAFF SOUia: Stewut H. Fonda. Dlndar,, U8lln. Please note: If you hav" a disability and need ~ aids ~ services, ple..e nollfy the City of Enalewood (303- 762-2405) at le.1st 48 hours in advance of when services are needed. Thank Englewood City Council Agenda December 1, 2003 Page 2 ii. Council Bill No, 82 -Recommendation from the Safety Services Department to adopt a bilf for an ordinance accepting 2004 Victim Assistance law Enforcement Grant funding. STAFF SOURCE: Chris Olson, Director of Safety Setvices. b . Approval of Ordinances on Second Reading. NII= 'lf i. n1J-so Ii . (!lJI-i I iii. Council Bill No. 64, approving an Intergovernmental Agreement with the Army Corps of Engineers for an Air Monitoring Unit at the Englewood Golf Course. Council Bill No. 78, approving the 2003 City Ditch/High Line Canal Agreement for delivery of raw water. ' Council Bill No. 80, approving a License Agreement and Grant of Temporary Construction Easement for 2890 S. Clarkson Street (})JI riv. ~11-ri Council Bill No. 81, approving an Agreement Regarding Design and Construction of Drainage and Flood Control improvements for Marcy Gulch at Englewood Ditch Council Bill No. 82, approving a Standard Connector's Agreement with the South Englewood Sanitation District c. Resolutions and Motions . . . i. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, ~ motion, the purchase of five vehicles through the Colorado State Bid process, for a tota of $165,810.00. STAFF SOURCE: Stewart H. Fonda, Utilltln Director. 11. Regular Agenda. a. Approval of Ordinances on Arst Reading. C . i. Council Blfl Ng 86, Recommendation from the Department of Community n Development to adopt a bill for an ordinance approving the vacation of the Trolley t-0 Square Planned Development overlay designation and approving a Development Agreement between with Qjlf>~ ly!~l}~ta~mpany, Inc. STAFF SOURCE: Tricia Langon, Senior Planner. ~~ Approval of Ordinances on Second Reading. i. Council Bill No. ~~~:,n~ installation of all-way stop signs, at Knox Court and Tufts Avenue. vv '""'7'~ Resolutions and Motions. i. Recommendation from Department of Finance and Administr.itlve Services to .idopt ii -,1 f'5' resolution approving a Supplemental Approprl.ition to lhe 2004 Budget for the S.ifety Services Department and Municipill Court STAFF ~ICE; _ffJ-GfY11ewia, Off' 'J-{fil'Ktor of Anance ud Adminis1ralive Semc:a. ~ Plea se note : If you have a diSilbllity and need auxiliary aids Of services, pleilSe nolify the City of Enpewood (3 03-762 -2 405) al leas t 48 hours in advance of when services are needed. Thank • • AGENDA FOR THE REGULAR MEmNG OF THE ENGLEWOOD CllY COUNCIL MONDAY, DECEMBER 1, 2003 7:30P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway 1. Call to order. '7.· /tJ ~ Englewood, CO , 80110 2 . Invocation. ~ 3. Pledge of Allegiance. ~ 4. Roll Call. tll/ '7 ~ 5 . Minutes. O'fJP''l-Oa. Minutes from the Regular City Council meeting of November 17, 2003. ~ 6 . Scheduled Visitors. (Please Hmit your presentation to ten minutes.) a . City Council will recognize the 2004 Englewood Calendar Artists. b . • Safety Services Director Chris bison will be present to recognize Safety Services personnel who were recently honored with awards. 7. Unscheduled Vi~t~,:s._(Please limit your presentation to five minutes.) a. vA-A/£. ~IIA-AJ -UPAATX fJAJv,f'iPQ NI<. . . 8 . Communications, Proclamations, and Appointments. ff 9. Public Hearing. (None Scheduled) , I ff . ~ll>-10. Consent"e~d~ ~ J ~ .. ------h, LJo~ .,J 'dJ-· ~ o.ptt/ 'l-{? A(ft/(t;!'fft;f{f:f{~~ding.~M;; 4,/; ii1 /0 /~ V; /()~. I. Councjl BjU Ng 88 · Recommendation from the Littleton/Englewood Wastewater Treatment '151ant to adopt a bill for an ordinance approving an Amendment for Delegation of the ' Pretreatment/Industrial Waste Control Program Responsibilities with the Denver Metro Wastewater Reclamation District STAFF SOURCE: Stewart H. Fonda. Director" U1illies. Please note : If you have a disability and need auxiliary aids or services, please notify the City of Englewood (JQJ. 762-2405) at least 48 hours in advance of when services are nl!eded. Thank t • • Englewood City Council Agenda December 1, 2003 Page 3 Recommendation from the Community Development Department to adopt a resolution approving a Community Development Block Grant Application for 2004. STAFF SOURCE: Janet Grimmett, Housing Finance Specialist. ~ 12. General Discussion . a. Mayor's Choice. b. Council Members' Choice. /h'MJ n -o i. Special City Council ~ti_n~ on pecember 8, 2003 at 6:00 p.m. to discuss • I) ..... _~.~~ /h,. -7/'r 'f · Golf Course Bonds. If~~~ A.,t;f-~ ~ C,U/IWUtA-· ·-1) 13 . City Manager's Report. 14. City Attorney's Report. Adjournment. 8'::/'i ~ The following minutes were transmitted to City Council between November 14 and 26, 2003: • Englewood Police Officers Pension Board meetings of January 9 and May 28, 2003 • Englewood Firefighters Pension Board meeting of July 10, 2003 • Englewood Board of Adjustment and Appeals meeting of September 10, 2003 • Alliance for Commerce In Englewood meeting of October 9, 2003 • Englewood Parks and Recreation Commission meeting of October 9, 2003 • Englewood Transportation Advisory Committee meeting of October 9, 2003 • Englewood Public library Board meeting of October 14, 2003 • Englewood Code Enforcement Advisory Committee meeting of October 15, 2003 Please note : If you have a disability and need auxiliary aids or seivices. pleue notify the C..lty of Englewood (303-7 62 -2405) at least 48 hours in advance of when seivices Me needed. Turi ) AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, DECEMBER 1, 2003 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway 1. Cali to order. fl:~ ;,w-- lnvocation. ~ 2. Englewood, CO , 80110 3 . Pledge of Allegiance. ~ 4 . Roll Call. llJ./ '7 ~ 5. Minutes. O'{JPd'l-Oa. Minutes from the Regular City Council meeting of November 17, 2003. ~ 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) 7 . a. City Council will recognize the 2004 Englewood Calendar Artists. b . Safety Services Director Chris Olson will be present to recognize Safety Services personnel who were recently honored with awards. Unscheduled Vi~t?~JPlease limit your presentation to five minutes.) a. <TA-AIE. CIX.#AI/M) -IJ.PAATI. bAJv¥1)4} NI<. 8. Communications, Proclamations, and Appointments . ff 9. Public Hearing. (None Scheduled) 10. Co ~~d} • J ... ~. ~. ,J fJ, ~~ t'.iwt.t7J ,v~ ~ •. .J,;:.,, Oftrl 'l-p A~~~~~ding.~ ---,()it~ii~'/0~~) /(}~· i. Councjl BjH Ng ~ · Recommendation from the Littleton/Englewood Wastewater Treatment '15fant to adopt a bill for an ordinance approving an Amendment for Delegation of the Pretreatment/Industrial Waste Control Program Responsibilities with the Denver Metro Wastewater Reclamation District. STAFF SOURCE: Stewart H. Fonda, Director ~f Utilities. Please note : If you have a disability and need au><ili ary aids or services, please notify the City of Englewood (303- 762 ·2405 ) at leas t 48 hours in advance of when services are needed . Thank you. .. • t .. • • Eng lewood Ci ty Coun ci l Agend a De cemb er 1, 200 3 Page 2 ii. Council Bill No, 84 · Recommendation from the Safety Services Department to adopt a b ill fo r an ordinance accepting 2004 Victim Assistance Law Enforcement Grant funding. STAFF SOURCE: Chris Olson, Director of ~fety Services. b. Approval of Ordinances on Second Reading. N,/Fr;t i. n#KD ii. t12J/I f I iii. Council Bill No. 64, approving an Intergovernmental Agreement with the Army Corps of Engineers for an Air Monitoring Unit at the Englewood Golf Course: Council Bill No. 78, approving the 2003 City Ditch/High line Canal Agreement for delivery of raw water. . Council Bill No. 80, approving a license Agreement and Grant of Temporary Construction Easement for 2890 S. Clarkson Street Council Bill No. 81, approving an Agreement Regarding Design and Construction of Drainage and Flood Control improvements for Marcy Gulch at Englewood Ditch Council Bill No. 82, approving a Standard Connector's Agreement with the South Englewood Sanitation District c. Resolutions and Motions. i. · 'Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, b~ motion, !he purchase of five vehides through the Colorado State Bid process, for a totaof $165,810.00. STAFF SOURCE: Stewart H. Fonda, Utilities Director. 11. Regular Agenda. a. Approval of Ordinances on First Reading. c . i. Council BjH No Bfu Recommendation from the Department of Community n Development to adopt a bill for an ordinance approving the vacation of the Trolley 1-0 Square Planned Development overlay designation and approving a Development A greement between w ith 9J.l!>~ fy!~lj_s!3~mpany, Inc. STAFF SOURCE: Tricia Langon, Senior Planner. ~~ Ap proval of Ordinances on Sec ond Readin g. i. Co un ci l Bill No. /JWtn~ installation of all -way stop signs, at Knox Court and Tufts Avenue. VV ~..,,~ Reso lutions and Motions. i. Reco mmendation from Department o f Financ e and Administrative Services to adopt a ,I:: f75"' reso lution app rovi ng a Supplemental Appropri ation to the 2004 Budget for the Saf"!ty Services Departm ent and Municipal Co urt STAFF ~R~ ."J"" G'_!llewia, dftd 'J-(f irector of Finance and Administrative Services. ~ Ple as e note : If you have a disabi lity and need auxiliary aids or services, please nolify the City of Englewood 1303-762-2 40 5) at lea st 48 hours in advance of when serv1ces are needed . Thank you . • • Engl ewood City Council Agenda December 1, 2003 Pag e 3 Recommendation from the Community Development Department to adopt a resolution approving a Community Development Block Grant Application for 2004. STAFF SOURCE: Janet Grimmett, Housing Finance Specialist. ~ 12 . General Discussion . a. Mayor's Choice. b . Council Members' Choice. ~ n -o i. Special City Council ~tin~ on pecember 8, 200:..f 6:00 p .m. to~ /J-. _ .. ~ /Jto. -yrr '/• Golf Course Bonds. l!f ~~·(,fl .,4,d-.d.v ~-· ·71 13. City Manager's Report. 14. City Attorney's Report. Adjournment ~:'55' ~ The following minutes were transmitted to City Council between November 14 and 26, 2003 : • Englewood Police Officers Pension Board meetings of January 9 and May 28, 2003 • Englewood Firefighters Pension Board meeting of July 10, 2003 · • Englewood Board of Adjustment and Appeals meeting of September 10, 2003 • Alliance for Commerce in Englewood meeting of October 9, 2003 • Englewood Parks and Recreation Commission meeting of OctQber 9, 2003 • Englewood Transportation Advisory Committee meeting of October 9, 2003 • Englewood Public Library Board meeting of October 14, 2003 • Englewood Code Enforcement Advisory Committee meeting of October 1 S, 2003 Please note: If you have a disabi lity and need auxiliary aids or services, please notify the Ci ty of Englewood (303-762 -240 1 at least 48 ho urs in advance of when 5el'Vices are needed. Thank you . - ..,. CORRECTION THE PRECEDING DOCUMENT OR BLANK FRAME HAS BEEN REMI CROFILMED TO ASSURE LEGIBILITY AND ITS /MA GE APPEARS IMMEDIATELY HEREAFTER. -, .,. . . a. / . .. , , I../,.,, ,.11/1&#.. ,,, :> I · Englewood City Council Agenda December 1, 2003 Page 3 Recommendation from the Community Development Department to adopt a resolution approving a Community Development Block Grant Application for 2004. STAFF SOURCE: Janet Grimmett, Housing Finance Spedalht. ~ 12 . General Discussion. a . Mayor's Choice. b. Council Members' Choice. ILnbl/ f/.-o i. Special City Council ""9.Eti_n~ on pecember 8, 2003 at 6:00 p.m. to discuss • D -. _ ~ . 1 /Jt,. -,-r GolfCourseBonds. lJ~ AVt/t.J.~~ ~ ~~···11 13. City Manager's Report 14. City Attorney's Report Adjournment ~:'95'~ The following minutes were transmitted to Oty Council between November 14 and 26, 2003: • Englewood Police Officers Pension Board meetings of January 9 and May 28, 2003 • Englewood Firefighters Pension Board meeting of July 10, 2003 • Englewood Board of Adjustment and Appeals meeting of September 10, 2003 • Alliance for Commerce in Englewood meeting of October 9, 2003 • Englewood Parks and Recreation Commission meeting of October 9, 2003 • Englewood Transportation Advisory Committee meeting of October 9, 2003 • Englewood Public Library Board meeting of October 14, 2003 • Englewood Code Enforcement Advisory Committee meeting of October 15, 2003 Please note : If you have a disability and need auxiliary aids or services, p1Nse notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services .ue needed. Thank .7 . 1. 2. 3. 4. 5 . AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, DECEMBER 1, 2003 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Call to order. fl.· /cJ ;,,v--Englewood, co . 80110 Invocation. ~ Pledge of Allegiance. ~ Roll Call . tll/ !7 ~ Minutes. OfJ!Kl'!-Oa . Minutes from the Regular City Council meeting of November 17, 2003. ~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) 7. a . City Council will recognize the 2004 Englewood Calendar Artists. b. Safety Services Director Chris Olson will be present to recognize Safety Services personne> who were recently honored with awards. Unscheduled Vi~t~,:s:.JPlease limit your presentation to five minutes.) a. vA,A/£. C,IX#At/M) -UPAATE. ~AJv~4) -hi!I<. 8 . Communications, Prodamations, and Appointments. £r 9 . Public Hearing. (None Scheduled) g-. 10. Consen~e;d} ~ I,.·-~~. , ~ . .J fir di;~ ~ N~ ~~ ~ Offrl '7-p ,:,:~d,.-71' -7o L1>i)o~ "'.1 IOt./ i. Council BjU Ng 118 • Recommendation from the Littleton/Englewood Wastewater Treatment Plant to adopt a bill for an ordinance approving an Amendment for Deleg1tion of the Pretreatment/Industrial Waste Control Program Responsibilities with the Denver Metro Wastewater Reclamation District STAFF SOURCE: Stewart H. fOllda. Director ~f Utillties. Please note: If you have a disability and need auxiliary aids or services, pluse notify the City of Englewood (3 03- 762-2405) al least 48 hours in advance of when services are needed. Think • t • • Englewood City Council Agenda December 1, 2003 Page 2 ii. Council Bill No, az -Recommendation from the Safety Services Department to adopt a bill for an ordinance accepting 2004 Victim Assistance Law Enforcement Grant funding. STAFF SOURCE: Chris Olson, Director of Safety Services. b. Approval of Ordinances on Second Reading. (fdlr;t i. n#SD ii. Council Bill No. 64, approving an Intergovernmental Agreement with the Army Corps of Engineers for an Air Monitoring Unit at the Englewood Golf Course: Council Bill No. 78, approving the 2003 City Ditch/High Line Canal Agreement for delivery of raw water. Ml-r/ii. Council Bill No. 80, approving a License Agreement and Grant of Temporary Construction Easement for 2890 S. Clarkson Street Council Bill No. 81, approving an Agreement Regarding Design and Construction of Drainage and Rood Control improvements for Marcy Gulch at Englewood Ditch Council BIii No. 82, approving a Standard Connector's Agr~ment with the South Englewood Sanitation District c . Resolutions and Motions. i. • 0 Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, b~ motion. the purchase of five vehides through the Colorado State Bid process, for a tota of $165,810.00. STAFF SOURCE: Stewart H. Fonda, Utilities Director. 11. Regular Agenda. a. Approval of Ordinances on First Reading. C. i. Council Bill No 86, Recommendation from the Department of Community n O Development to ad<:>Pt a bill for an ordinance ~roving the yacation of the Trolley r-Square Planned Development overlay designation and approving a Development Agreement between with !jf>~ !y!~lj~ta~mpany, Inc. STAFF SOURCE: Tricia Langon, Senior Planner. IQ'~ Approval of Ordinances on Second Reading. i. Council Bill No. 77, providing for the installation of all-way stop signs, at Knox Court and Tufts Aver.ue. ~ Resolutions and Motions. i. Recommendation from Department of Finance and Administrative Services to adopt a -,1:: ~5"' resolution approving a Supplemental Appropriation to the 2004 Budget for the Safety Services Department and Municipal Court STAFF ~·~ .frJ-G'!"ewia. dffd IJ-{f'iredor of Finance and Administrative Semcel. ~ Please note : If you have a disability and need auxiliary aids or services, please notify the City of Englewood (3 03 -7 62 -2 405 ) at least 48 hour s in advance of when services are needed . Thank you. • • Englewood City Council Agenda December 1, 2003 Page 3 ~f/,ii. Recommendation from the Community Development Department to adopt a resolution approving a Community Development Block Grant Application for 2004. STAFF SOURCE: Janet Grimmett, Housing Rnance Specialist. ~ Qff"'l-o 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. ~ n -O i. Special City Council t.jffti_n~ on pecember 8, 200:! 6:00 p.m. to ~t /J _. _ • _- 1 IJlo.. -yr'/· GolfCourseBonds. »~ ~-ICI~ l:,lu,,uu,£···71 13. City Manager's Report 14. City Attorney's Report Adjournment ~:':15' fw'-- The following minutes were transmitted to City Councll between November 14 and 26, 2003: • Englewood Police Officers Pension Board meetings of January 9 and May 28, 2003 • Englewood Firefighters Pension Board meeting of July 10, 2003 • Englewood Board of Adjustment and Appeals meeting of September 10, 2003 • Alliance for Commerce in Englewood meeting of October 9,. 2003 • Englewood Parks and Recreation Commission meeting of October 9, 2003 • Englewood Transportation Advisory Committee meeting of October 9, 2003 • Englewood Public Library Board meeting of October 14, 2003 • Englewood Code Enforcement Advisory Committee meeting of October 15, 2003 Please note: If you have a disability and need auxiliary aids or set'Vlces, please nolify the City of Englewood (3 03 -762 -2405 ) at least 48 hours in advance of when services are needed. Thank • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session November 17, 2003 l . Call to Order The regular mee1ing of lhe Englewood Ci1y Council wa s called to order by Mayor Bradshaw at 7:32 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 present . Also present: 5. Minutes Council Members Nabholz. Moore. Grazulis. Garrett. Wolosyn. Yurchick, Bradshaw None City Manager Sears City Attorney Bl'OIZrnan Assis1an1 City Manager Flaherty City Clerk Ellis Municipal Judge Atencio Direcror Olson, Safety Services Director Ross. Public Works Director Fonda. Utilities Director Long, Library Services Director Black, Parks and Recreation Open Space Manager Lee (aJ COU C IL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE MI NUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 3, 1003. Mayor Bradshaw asJ..ed if there was any discussion . There was none . Vote results: :'-1 011,in earned . Aye s: l ays· b;,IJin: Council Members Nabho lz . Garret!. Wo losyn . Yurchick. Grazulis. Bradshaw None Council Member Moore 1b1 11~ Council Rccogm11on_a nd $1\cann~ In .. ' • • Englewood Cily Council No,,cmbcr 17 , 2003 Page 2 ' 1 ~- Ma)<Jr Brad sha w sa id 1h1s is a biners weec cime . We have commencs from Council Members who are k:1 v111 g us . We will s tart wich o ur Cou ncil Member fr o m Distncl One. (i) Commencs by chose departing City Council. Co un c il Member Nabho lz said 1 chink 'chank you· is a very s mall word for what I have experienced in my si~ years on Cicy Co uncil. Of cour se. you are going 10 ha ve your va lleys and your hill s. but there have been a 10 1 more hill s. I ha ve been so fortunate to be elected by the people. 10 have you encourage me during che dark times. buc also to have an awesome Ci1y Manager. Assiscant City Manager. Directors, staff and Cicy e mpl oyees. I never did anything alone. I've always believed in partnerships between citizens. businesses. government and you have allowed me to do that . And it is a very humbling experience. II has been a very big learning experience and I chank you for your support. There was applause from the audien.:e . Coun c,11\l e mbcr Grazulis sai d well you know me ... l am never al a loss for wo rds. Ma yor Bradshaw asked her if ,he had a li,t. She replied yes. Mayo r Bradshaw said for th ose of you who do nol know. Julie made lists and if we called o n her too late in the meeting. she would go on and on with these lists . And they were very imponanc items on the list. Cou ncil Member Grazulis sai d first of all I would like to thank my family for giving up Mondays without me . Ma ybe it was good. maybe it wasn 't . We used to celebrate Mondays as family home evening and now "e can do that once mo re. and it is kind of binerswect in that way, because I would love 10 be here, but I will love being ac ho me also. I thank them for all cheir s upport. This has been a class act . this Council, and working with yo u has truly been a pleasure. I don't know how else to say it except for thank you. Thank yo u for a ll th e encouragement and support and the ideas. And I am glad ihat we were never 100 per cent rig ht. because it did provide that much needed diversity. which is hke it is in our community ... bccausc we d o n ·1 all agree o n a lo t of things. I want to thank my constituents, and that is not a dirty word, it is a very, very good word if you look it up in Webster's. because they arc the people who you owe all your decision- making 10 and yo u must li sten and you must be accountable to them . They were my boss, actually . I was JU,! tr ying 10 carry o ut same o f chc thing, that they wanted. Our City Manager Gary, Mike. Sue. Susan, Lei gh Ann and Paulena ... the y were my right -hand people and I just want to thank you for all of your e n.:o urjgemem and all yo ur support . I thin!. we have. in Englewood. o ne of the greatest Judges. We do a nd he 1s ve ry fair with children. if you ever sec: him in actton. he really is . Our Community Development Dep:inmenc . Bob and hi . ,taff. 1hey alway, d o the best that they can possibly do for the community. And e,en though we don ·, always agree, we arc going to arrive at the same place.just two different paths . I ha,e greac 1ru,1 in Frank Gryg lewicz. 1 always ha ve had great trust in him. that he is tryi ng 10 do the best lor our C 11 y and cryin g to a lways maintain that 10 per cent. We have a very fa,r Human Relatio ns dcpanmenc wi th Sue E~ton jnd I have always trusted her decision,. Do n In gle and ht s s taff arc absol utel y \\Onderfu l. e,pec ,ally s ince I ha ve been dealing wtth them rccencl y. They are JU ! trul y. truly good people. I hjve a lo,e aff,ur w11h che Library, nf course. They arc absolutely wonderful. It 1s o ne o f the best hbr,ines .,round . If )OU haven 't been there. I encourage you to go often. Even wtth the reduced number of people. cho:y are s till maintaining chc: best a nd 11 's great. Publtc Wo rks ... there I a lo t of work that is out chere ch.it yo u d n't n u,e that "being d o ne . But . ynu would no ucc if 11 wasn·c ... wtth chc streets. the hghi. jnJ the mjinlenan,e. The> d o a ·pe,ta,uljr JOb ... Ken Ro,s and his guy,. We ha,c had o ur d,fterence o ,er che }ears. but che) are gre.11 . Parks and Rccrcatto n ... Jcrrell 1s o ne o f my most favorite pellpk He i;, probabl) o ne o f the mm,t honest people" ho \\Jnts to d o the best for Englewood. I c:ui 't \\jt l unul Pir.tte, o,e 1)pe n C.1p1 1J I proJects \\tlh R i.:h Kahm ... he 1s o ·ommmed to the C,ty. he is a mjgi.:1.1n I k ,Jn pull mag,,al thing o uc of J hac and m.1!.c them happen. He cruly can. The Ctty \11,,rne) ·, """e tnp noc,h I JI\\J~> hJ,e ,ompletc crust 1n 1hem .. Dan. :,/jnc~. Dugga n and the rest of )•>U r ,tJII "'U Me co be ,ommcnded lor Jll the dee, to n~ and the roug h ching s )OU ha,c 10 go thro ugh Chn 01,.,n Jnd jll or hts pc,,ple . the p.,h,e Jnd chc lire. they cJrc che mo t Jbout Englewood . Ut1hue . ,qch Stu fonda jnd ht IJII Y"u kn<'" \\hen l ,Jme o n ti..,.ird li\'c ~cars Jgo. I did not know that much J!><,ut che \\Jter ,11u.111un in Fnglc\\11<>J. I ha,c learned >0 much Jnd I h.11e so mu.:h respc.:t Jnd I Jm >O rrnuJ 111 t>c .1 ,11tLen 11 1 En •l~"'">J cor the la,1 2-l )Cjr . be, Jusc o r •II the nyht d1recuon that ha,c been IJ en \I Ith the "jler When Jn, thin Jmc up bclvrc L\,un, ,I re arding "atc r. I lne\\ 11 1u had h1> name ' ... ,, • • Englewood City Council November 17, 2003 Page3 o n it. it wa s to be trusted and was okay. So, l just want to thank you Stu. It tastes good too .. .I think it ta ste s great. I wa s at a Kiwani s meeting this last week and it was brought forward that some of the members o f the Chamber, wh o vehemently went against the head tax. and it did not pass ... that perhaps so me of these businesses could come forward and help sponsor some of the unplanted tlowcr gardens. because we don't have the money, and maybe they could help sponsor the parade this next year. because those are some of the first places we had to take money out of. 1 just want to end up by noting that Englewood is still in good hands with all of you that arc still left. I take this opportunity to thank you all . am not going away , because I am still going to be serving on different committees. but on the other side. So , maybe 1 will be listened to more. I don't know . I just want you to know that as 1 step down, that now. I am going to be your boss and you can listen to me a little better and I want you to tly right. I love Englewood and I will still be here . Thank you . There was applause. (ii) Family members and guests of Council Members Nabholz and Grazulis were recognized . (iii) A token of appreciation was given to the departing City Council Members. Co uncil Members Nabholz and Grazulis were each presented with a plaque and flowers . Mayor Bradshaw said Ms . Nabholz has served on the Keep Englewood Beautiful Committee, Malley Center Trust Fund, Colorado Municipal League Policy Committee, Tri-Cities Planning Committee. School/City Committee, Code Enforcement Advisory Committee, Swedish Task Force and she has been very active in District No . I and represented her constituents very well . Thank you, she said. it was an honor to work with you. There was applause . Mayor Bradshaw said Ms. Grazulis has served on the Code Enforcement Advisory Committee, Public Library Board, Colorado Municipal League Policy Committee, School/City Committee, the Parade, Jubilee II. and Tent Talks . Thank you. she said, it has been an honor working with you. There was applause. (iv) Mayor Bradshaw asked the City Clerk to announce the status of the election. City Clerk Ellis announced the newly elected Council Members arc : District I Council Member Ray Tomasso, District 3 Council Member Lauren Barrentine. At-Large Council Member Olga Wolosyn and At- Large Co uncil Member Michael Yurchick . (v) [Clerk's note : lt was determined that it was unnecessary for City Council to ma ke a determinatio n of the election and qualifications of its membership. I (vi ) The new C ity Council Members were s wo rn in by the Honorable Vincent Atenci o . (vi i) Bnc fReception Mayo r Bradshaw sa id \I C are now hostin g a brief receptio n in the Co mmunit y Room. Please join us. Co unci l re cesse d at 7 :-n p .m . for a brief reception . The mcenng reco nvened at 8 :2'.! p.m. (v111 ) The new members o f City Council \\Cre ,cated in temporary s paces, after >Nh1ch th e Cu~ Ci eri.. ~ailed the ro ll . \1 1th the fo ll owrn g results : Pr~oent" b,cnt. C0unc 1l Members To ma sso. Moore. Barrennne. Garrett. \V o lo yn. Yurc h1 c k. Brnd shJ\\ o ne • • Englewood City Council No\'ember 17, 2003 Page-' A quorum was prese nt. (ix) Mayor Bradshaw called for nominations fo r the office of Ma yor. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO NOMINATE COUNCIL MEMBER GARRETT FOR THE OFFICE OF MAYOR OF THE CITY OF ENGLEWOOD. Mayor Bradshaw asked Mr . Garrett if he would accept the nomination . Council Member Garrett said I will. Vote results: Motion carried . Ayes : Nays: Abstain: Co uncil Members Barrentine, Moore, Wol osyn, Yurchick, Tomasso, Bradshaw None Council Member Garrett (x) Mayor Garrett ass umed the Chair. Mayor Garrett called for nominations for the office of Mayor Pro Tern . COUNCIL MEMBER BRADSHAW MOVED TO NOMINATE COUNCIL MEMBER WOLOSYN FOR THE OFFICE OF MAYOR PRO TEM OF THE CITY OF ENGLEWOOD. Ma yor Garrett asked if there were any other nominations. COUNCIL MEMBER YURCHICK MOVED TO NOMINATE COUNCIL MEMBER MOORE FOR THE OFFICE OF MAYOR PRO TEM OF THE CITY OF ENGLEWOOD. Ma yo r Garren asked if there were any o ther nominations. There were none. Mayo r Garrett asked the City Clerk to conduct a Roll Call Vote . Council Member Moore said . while I appreciate the nomination. I ac tually think Olga Wolosyn would be better ab le to se rve in the role at this time . Vo te results: For Council Member Wolosyn: Council Members Barrentine. Moore. Bradshaw, Wo losyn. Tomasso. Garrett For Council Member Moore : Council Member Yurchick Council Member \Volo )O was elected Mayor Pro Tern . Counc il M<'mber Wolosyn said thank you. 1) Pcrrnancm seanng assignments "'ere given. 11 1 Family members and guests of Council Members Barrenune and Toma£50 were rc cvgnazed n. hedulf-d \'isitors 1.11 L\,llecn 8 0 \\en \\,h .:hedulcd 10 peak. but \\~Snot present • • --· Englewood City Council November 17, 2003 Page 5 (b) Judy Rough said I a m with the Food Bank of the Rockie s. I am here because I wanted to c larify what the Food Bank of the Rockies is and what we are appl yi ng for. in terms of the Aid for Agenc ies in Englewood. One of the thing s I think is confu si ng. and I know it was for me when I joined the Food Ba nk , is that man y time s people think of food banks, as the place where peo ple go to pick up food when they are in need . Food Bank of the Rockie s is not that. We arc a huge o rganizatio n, which is really a very large ware ho use where agencies come to us. Agencies such as other food banks, food pantries ... you kn o w there are all different names for the types o f agencies . Herc in Englewood. you have 15 agencies that are members o f the Food Bank of the Rockies . And, what I am asking for is that you invest in those age nc ie s and help us . We have do ne great work with these agencies , but it is not enough. So, for instance, o ut o f the 15 agencies , l 22,7 13 pounds of food were delivered to your Englewood agencies. But even with that, the y ha ve come up sho rt . They don 't have enough to handle the poor in your community. Maybe over the ye ar s there has been a mi sunderstanding in terms of the semantics, the words chosen, but we call it a credit line. And what we do is we establish. through the money that you grant, a credit line for each particular Englewood agency, so that they can come to us and get the food they need for their food bank. food pantry, teen mother program. halfway house or whatever type of agency that they are, for helping the needy within your community . So, for example, if you award us the $3 ,000.00 that we have asked for , and we di sburse that money amongst those 15 agencies, lets say one particular agency gets $200.00. That equates at the Food Bank to well over 1000 pounds of food . Not something that you and I can get at a grocery store . We have the power to give them food at a very , very inexpensive price . There is a price for so me of it. as much as 18 cents a pound, but a lot of it is also free . The average works out to about 8 cents a pound for food for these agencies. So thi s is something we look at as very, very important and hope that yo u will co nsider helping us o ut . Bec ause we do ... we get to so many people. The Food Bank of the Rockies se rve s 750 agencies in no rthern Colorado and all of Wyoming. We want this money, which would so lely be for your a ge ncie s in Englewood. Not one dime of it would leave the Englewood area. So, I ask you to reall y look at this . I know that next month you will be reviewing the Aid to Agencies grants and we really would like your consideration in this mancr. We feel that maybe. over the years, there has been a misunderstanding about exactly what we arc trying to do and what we arc going to use the money for. So, she sa id, I hope that ii is clear to you . I also have brought with me a CD that has an I I -minute little explanation about the Food Bank, whi c h I would love to give to the City Clerk and you're welcome to view it. Yo u can view it o n a computer. Do you have any questions at all ? Counci l Member Brad shaw said does Inter-Faith Task Force get food from you? Ms. Rough replied yes. Many agencies that I am sure yo u have heard of, like the Denver Rescue Mission ... the big ones, they get food fro m us. as well as small one s. One of them that I mentioned in the paper work to you, that you have here in Englewood, is called Age of Good News. And the Age of Good News Center is serving only a third of the people who want help from him. He doesn 't have the money to serve the balance of the people. He is turn ing people away . So this money wo uld go to an agency like hi s in yo ur community and make sure that he 1s extending that reac h a little bit further . Our great concern at the Food Bank. this year, is the fact . that heating costs. as we a ll know. are supposed to skyrocket. One of the problems with people who are ... what we consider at risk. who are needy ... when they get their bills, a bill is something that comes to yo u. yo u look and sec an exact amount and that is what yo u arc goi ng to try to pay . Your food bill is sort of whatever yo u can lit in . These people will o mit that or sacrifice that to pay that bi ll that has been mailed to them with • printed amou nt . So when yo u think something is going up 70 per cent. where is that money ;upposed to come from for someo ne who is needy and who is at risk . And we arc talking about the wo rking poor primarily . Very few of these people are not doing anything about earning. They arc trying, the y are doing their best. but they can't make ends meet. So, I am aski ng yo u to please look at that papernork that I have se nt to yo u and hopefu ll y you will approve the S3.000.00 that we arc looking for at the Food Bank o f the Rockies. Thank yo u. (c l Am y Me~er \las scheduled to speak. but was no t present . td l J,11 W1I o n "as scheduled to speak. but was not present. te l Cunn,e Rauz, ,a,d I h,e Jt 10:6 \ est Pnncetan Place. which, by Jason Park. I :isled to come to tho, meeung to night to di s.:u;.;. the nu-leash la" t Jason Part... We "at ed the park betn& built. . . t -~ .. ; • • Englewood City Council No,•cmber 17, 2003 Page6 f'w li ved there ~3 year,. We worked on committees so that the park could be built. There are organized soccer games, T -ball games. volleyball games, rugby games. softball games. !lag foo tball games. weddings. class reuni o ns. c hurch services. graduations and large family picnics. in addition to the playground cquipmem. It is rare not to have someone there. even in inclement weather. Since the no-leash was re sc inded at Bates. we have had a marked increase at Jason Park. And with the dry weather now, the grass is terrible. There are large spots and you can 't wash away the feces or the urine. The s prinkler systems are not on . I ha ve no idea how the park is going 10 handle it. in the spring, when we will have all our organized sports going on again. I know thb subjec1 has gone on. and on and on. I've read all the articles in all the papers and that is what prompted me to come and speak tonight. Again, I say, our problems arc the same at Jason as Bates had ... !he large amount of dogs and 1he damage that has been done to the parks now. 7 . Unscheduled Visitors (a) Louise Marshall , 3021 South Logan Street. said the first 1hing I have to say is congratulatio n s 10 this new City Council. I am really excited. I am here tonight representing a passionate group of Englewood residents . And. as you all know. we are very !ired of the tension and bitterness in the no rth area ofEngl.:wood that the reaction 10 man·s bes1 friend, the dog, has created. We arc askin! you tonight to wipe the slate clean. start over and, as ex-Council Member Grazulis stated on October 6 , to ··predicate compromise". We are asking you to discuss and formally support, tonight. a Task Force between Englewood citizens and the Parks and Recreation Dcpartrncm 's open space manager. to study the viabi lit y of fencing some areas of Englewood parks for the safety of all park users . We arc not asking for 1he formation of specitic dog parks. but rather to explore and study the feasibility of implementing safe areas at already established City parks where dog owners can exercise their best friend and respect 1he safely and rights of all 01her park users. With your blessing we would like to work in conjunction with the Parks and Recrca1ion Department 10 formulate a well-organized and planned proposal to present to you at a later dale. This would lake into account studying available space. cstablishins criteria. ensuring safety. exploring funding and private donations. We promise to incorporate all community input to formulate a s uccess ful and fair proposal. Thank you for positively supporting the formation of this Task Fon:c . We 1l11nk thal if we can all work 1ogether 1ha1 we will have harmony in the community and a successful re,olu1ion 10 1his commumty issue. Thank you once again for your prompt response to thi s request . There was applause . (bJ Traci Rasmussen. 4520 South Pennsylvania S1rcc1. said I have been taking my dog 10 Jason Park since early la st spring. before members of 1he community 1hat were going to Bates Logan Park began iaking their dogs to Jason Park, because the off-leash law had been changed back to on-leash. In that 1ime 1hat I 100k my dog 10 Jason Park before 1he Bates Logan folks slartcd joinin,, JS. I met o ne dog owner and her two dog,. Tha!'s it. I have 10 say 1ha1 since 1he people from Ba1e s Logan Park have been coming 10 o ur park. 1here have been a lot more dogs, but a lso a IOI more sense of commumty and my dogs have been ,o happy ... jus1 unbelievably soc ial and II i, a mce cnvironrnen1 . his not the lonely park 1ha111 used 10 b.:. I realize w11h mo re dogs coming 10 o ne park. 1here 1s more rcspons1b1ht y and so I wanied 10 take 11 upon myself 10 do a hnle bu of something . Last Tuesday I sent o ut an e-mail. We ha,c a large number of u, 1ha1 are o n an e-m~1 l l1 11ha1 commumca1e about our parks and about laking care of !hem. By Wedne,da) mormng. I had several vo lunieer 10 help me in a cleanup process for any rncssc, that might be m,s,ed in the eve ning hours or fo r. I ,uppo e . a few negligent people o ul there 1ha1 aren't cleaning them up. In 1ha 1 e ,matl. I abo brough1 up a few lhtngs and 1ha1 is JUSI 10 increase 1he awarcne s for people to keep 1he1r d og, off 1he ,occer lield, and baseball field . E,en though. nght nO\\. there arc no games gomg o n. \IC all kno\\ 1ha1 dogs will \\Uni 10 con11nue lhtttr O\\D pra,11ce and b) ,pnngttrnc m1gh1 be running o u1 m 1ho ,e area,. So. "e ha,e been Ir) 1ng hard 10 >13) awa) from those areas an)'way. I ha,c 10 say, m 1he three d,I)> "e ha,e been d tng 1h1s. ha,in~ 1h1, orgJ mzed cleanup da) \\llh ,e,eral •oluntttnl . JU t lat \\ .:Jne,d.1). FndJ) Jnd und.1) .. I h••e .een J ,1~mlican1 d1fferen..:e o. I gue I J~l \\llnled 10 let )O U 1,,l b l.n,m "h,11 I'm dll tng t,,r my p.1r1 I .1m n 1.1 btg pubh peal.er . .o ob\loU>I) 1h1 t> ,1 ,er) p.1 ,w n.11e cau,e 1>t mine .1nd I really ha,e enJO)ed 1he increase 0 1 people 1h.11 .ll'e u,1n111he pMl. "'llh 1he1r d,)~ Th.1n ) o u There ".1, .1ppl.1u,., ' • • Englewood City Council November 17, 2003 Page 7 (c) Pete Walter. 28~5 South Lincoln Street, said I would like to add my voice to the need of a Tas k Force to establi s h permanent o ff-leash dog parks . I believe that the time is right to look at concrete. proven improvements that take into account the needs and concerns of dog owners, non-dog owners and other users o f the Englewood Park system. The issues that we are working through here in Englewood, with re gard to off-leash dog parks, have been dealt with successfully in dozens of cities and towns throughout the country and here in Colorado, including Denver. Best practices abound and there is ample evidence to s uggest that where off-leash dog parks have been thoughtfully planned and formally established. they are a positive impact on the community and are an integral pan of a park system that is inclusive rather an exdusive. I understand that this is a politically charged issue at this time, but I can think of no better time to resolve it, in a transparenl and positive way , than by appointing a Task Force with input from the open space parks and recreation staff. I applaud the City's effons to mediate this dialogue and I hope that you will continue to be proactive on this issue. I would feel privileged to help out with such a group, if Council decides that this is a good idea as well . Thanks very much for this opponunity and I hope yo u will make a decision that Englewood citizens can be proud of. There was applause. (d) Mary Bassett, 3026 South Sherman, said before I get staned with my questions and discussion. I would like to present to you some pictures that Jill Wilson would have presented today if she could have made it and these are pictures of Bates Logan during times that dogs and people apparently used the park. They are morning and afternoon pictures. And I don't have the actual times, but I can ccnainly find that out for you. Ms. Bassett presented the pictures to Council. When you get a chance to look at these pictures. and unfonunately I don't have copies for everybody who is here, you arc sure to notice how empty the park is. There are only a few occasions when there arc, I would say , five or six people eating at a picnic table and that is the total amount of people who arc actually using Bates Logan . Again, I want to personally emphasize, as a person who pays taxes in our City and secs an empty park, I feel a loss of tax dollars . I don't sec a community being built and I don't sec a benefit to an empty park. I sec a benefit, especially to a community, to a park that is being used. Obviously Bates Logan was u very strong community builder with the dog owners. I also want to emphasize my suppon for the idea of a Task Force on thi s issue . I have ancnded several of the Study Sessions. because my interest in City government has beco me quite high with this issue. I have become very perplexed and confused on some of the processes thai go on in deciding how our City government works and how things arc passed and how Code is changed. For instance, I was at today"s discussion where our Ci:y Attorney was reviewing some of the processes and the way things arc presented and passed . One of them being a change in Code. There would have to be a Study Session before an actual change in Code. When I went to talk 10 our City Attorney afterwards for more clarificaiion. especially regarding the issue of removing an off-leash park from a list of par ks that were go ing to be designated as off-leash . I asked if that wasn't. essentially, changing the Code. He ,tuned go ing into ... no. that ordinance. no this is ... and I did get a little confused. My thought being 1ha1 . fo r instance, if o ur Council passed a Jaw saying that people are allowed to drive in cars with the exceplio n of doc ument B and if doc ument B kept changing, aren 't you in fact changing the Code? So, I am kmd of confuse d again about how thmgs are processed . Bas ically, what I am as king for. in some res pects , and "ould like to k now as a ci u zcn of Engle wood . is clarification o n ho w things arc run in our government. When 1hmg, can be put o n age nda . when they can be removed . es pec iall y if they arc a to pic that holds a lot o f p.1,s1on m 1h.: commumt . l s there a wa y we can get valuable mput from our City Parks and Recreation people. be ause they arc th e peo ple. I think . that wo uld be best qualified 10 make the dec is io ns on the quality of the park . "hat 1s goin g o n in a park and when it is affecung the quality o f that park. I think it 11ould be great to ha ,c input fr o m them . and ha ve that input listencj 10. as well as input from the ,ommunu y. J 'm learning mo re a nd more a bout thi s Task Forc e and II sounds like it would be an excellent ,,pp,numt~ to tart genmg tho,c peo ple in\'o lvcd 1n the dcci s1 n making process . rather than hearing from J ,eled gmup of ·ornmun11 ~ mem bers. who are all ver y passio nate o n the subject. but . what we really need 1,, h.1,e. are the e,pen 10\ohcd. as "ell. That 1s all I ha ve to say. Thank yo u . There was applause. 1e 1 T ,,m Burns. 3600 o uth Ban nock S treet. aid I JUSt wanted to welco me the new members ,t ,un.:11 L.1urcn .1nd Ra,. a nd thank Be , tor her ser, ices as Ma yo r fo r 1he past two years. Doug, I am Jd, •hteJ th.11 ,ou .1 •recd to· ubm1t ~our.ell tor 1h1, ~1t 10n .1nJ ;ome d ay. "hen }OU fig ure o ut how many h ur II rulh t.1kc . anJ ~o u \\Jnt 10 tJI ~ .1bo ut 11. g1 ,c me a ,all. Good lud. to .111 01 you and I ho pe you Jo \\CII m the tuture JnJ "'he .ill the:.e budget proble m, .1 nd all thc.e o ther \\C1 gh1 y I uc . yo u ha,e to deal ' ... ... .. • • Englewood City Council No,·ember 17, 2003 Pagc8 with . l wo uld like to thank Gary again for hi s servic e. because he is a terrific guy. Dan and the staff in Englewood , to my mind. have no peers. Yo u have wo nderful people 10 work with , as new members o f the Coun ci l. and I think you will enj oy it. Thank you. There was applause. (fl Jane Coleman, 3901 South Galapago Street. said congratulations to our new Mayor and o ur City C ouncil members. l am here tonight to update you on enrollment in our Englewood schools. Several mo nths ago, l talked with you regarding Englewood becoming an adult community. Englewood has what they call an Open Door Polic y, which means that anyone, from any district , can enroll in any of the Englewood Schools, even if they live in surrounding areas. This boosts our enrollment totals and thereby giving us additional funding from the government. Even with the Open Door Policy, Englewood continues to dedine in enrollment. The enrollment total gives us a fairly accurate view of the number of children in the Englewood area, including the additions of the Open Door Policy attendees. As of No vember '.!003 . the enrollment is down approximately 109 students. including the Open Door Policy students ... reference: Englewood School News, Volume 26. No. 3, November '03. In other words, for every two school age people moving into Englewood, four are moving out. There is no need to restrict parks for children that are not here. Soccer and baseball season is over; it's getting too cold for picnics ... the children are inside watching TV, using their PlayStation ... doing other things. An empty park is a waste of taxpayer's money. People have dogs as companions and pets. They need a place to be able to exercise themselves, as well as their dogs. and what is nicer than a local dog park. The off-leash groups have shown that they are responsible and willing to make any compromise to have their off-leash park back, and will do whatever is necessary to make it a s afe place for children, adults, and dogs. I am asking you tonight to help us get back on track . Let us have a Task Force that c an work with Council and City s taff to provide a wori<ing situation that will be a win-win situation. Thank you. There was applause. 8. Communications, Proclamations and Appointments There we re no communications. proclamations or appointments. 9 . Public Hearing (a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 77, REGARDING THE INSTALLATION OF AN ALL-WAY. STOP AT WEST TUFTS A VENUE AND KNOX COURT. Ayes: Council Members Barrentine. Moore, Bradshaw. Wolosyn, Yurchick. Tomasso, Garrell Nays : None Mo ri o n carried and the Public Hearing o pened . All w11nesses were dul y sworn . Direc to r Ro ss sa id in Se ptember the Public Wo rks Department recei ved a survey that ind1cared rhat 33 o ut <'f 59 househo lds m rhe are a e ncompass ing rhe 4 500 and 4600 blocks o f So uth Julian Street. So uth King S treet a nd South Knox Court. as well as rhe West Tufts A venue res idents bet\\·een Lo well and Irving. Jesire a n a ll -wa y sto p to be placed ar the inrersec t1 o n o f Kn o x C o urt and West Tufts A venue. At the City C o un ci l S tud y Sessio n o n Oc to ber ~O"'. Cit y Council indicated that they wished to consider the requesr o f these resid e nts. agam t the re commendatio ns o f the City stnff and the Engle"ood Transpom11ion Advisory C o mrrnuee . The Munici pal Code all o ws C 11y Counc1! 10 ,c:1 0 the City Traffic Engineer. after holding a public heari ng o n the mailer and then recel\ 1ng testimo ny a bout the issue . C tt y Council passed an o rdman e o n lir,1 read ing to direc.:t ,ra ff 10 msrall a n a ll -way sto p at the 1ntersec tt u n o f Wes t Tufts A ,c:nue J nd Kn o x Co urt O "l No\'em be r 3"' Jnd a lso se t a pub li hc:anng for ~ovember 17 . .:003 tn order to gather publi c input J nd 10 aerermtne "hether the Tuf1> A venue/K nox C o urt 1n1c:rsec11 n ,hould be a n a ll -wa y top ,omrollcd rmersectto n. In J CcordJn,e \\llh the Ctty C o un.:1!' de ire:, the no ttcc for the Pubh · Hcanng \\JS publi ,hed m the Engle\\ood Herald o n o ,emb.!r 7, .:003 .1 nd l "'111,ubmn t h1 ~ proot 10 the C n ) Cler!.. "ra ff cann0t reco m mend Jppm, al o r 1h 1;, req uest. h a ,d. d ue 10 the: fac t that the .111 ·"~) top IS not • • -- ·. • Englewood City Council No,•cmbc r 17 , 2003 Pa ge 9 wa rrant~d. Wh e n we were swearin g in th e fo ur ne w Co un ci l peo pl e, I wa s ki c king myself th at I didn't ge t to J udge Ate ncio and ha ve him as k the new C it y Counc il to uph o ld the manual o n Uniform T raffic Cont ro l Devices. l fig ure I could ha ve gotten fo ur vote s. but .. .I mi ssed that o pportunity. The manual o n Unifo rm T raffi c Contro l Devices is incorporat e d by reference in the Code o f Federal Regulat io ns as pan o f the Hi ghway Safety Act o f 1966 and is the nati o nal s tandard fo r traffi c control devices on all public roads. The need fo r uni fo rm standard s wa s recognized lo ng ago. The idea behind uni fo rmit y is s impl y that th e tas k o f the ro ad user need s to be s implified to aid them in recognizing and understanding and therefore. reducing the pe rceptio n time and their reac tion time . And , it is to assi st the folks who ha ve to enforce the laws . namel y th e police and the courts. giving e verxone the same rules and therefore. the same interpretation for th ose rul es. Uniformit y al so mean s . treating s imilar s ituati ons in a simil ar wa y. The general compliance o f state s and cities to thi s doctrine has c reated expectations by road users and as a result, sometimes. mi s use o f traffic control device s c au ses disres pect. not o nly at the locations where they are improper. but also at the locat io ns where the devices are needed a nd appro priate . If the posted s peed limit is not appropriate fo r conditi o ns, peo pl e tend to di sobey the m . Similarly thi s is the case for right -hand-tum-on-red prohibitio ns and left turn prohibitio ns and unfonunately. all -way s tops. At the Tufts and Knox Coun intersectio n. there are 16 house s on the Knox Coun cul-de-sac, nonh and south of the intersection. These 16 houses generate. o n avera ge . about 80 trips per day. That means, that the drivers on Tufts will o nly stop for someone o n Kn ox Court very infrequently. As this happens o ver and o ver. drivers will be more casual about o beying th ose sto p si gns . There just aren't s ufficient numbers o n Knox C o un, to co mpel compliance, and therefo re the drivers o n Tufts Ave nue will know that the re ason the all -way sto p is there. is not to help peo pl e id e nti fy who has the ri ght -of-way. but the sto p is intended to inco nvenience dri ve rs. Now. warrants aside, the other reasons behind staff s reco mmendatio n are. the o ne sto p s ign will not change the dri ving patterns of thi s ne ighborh ood. Once a s top sign is installed, it will never be removed even though the intended purpose was not sati s fi ed . Sto p signs incrense noi se. pollution and fuel c ons umpti o n. It is estimated that it requires an ave ra ge ... to slow down from 30 mph. come 10 a co mplete stop and then get back up to your tra veling s peed ... o f aoout 1110'" o f a gallon of extra gas. than what you would have used in just maintaining yo ur c rui s ing s peed. This means that this intersection, with the 808 vehicles that we have on Tulis A venue. an e xtra 80 gallons of fuel will be used each day at that all-way stop, after it is installed. The M UT C D has identified cenain stop s ign warrants. Most o f those deal with safety concerns. An acc ident problem is indicated by live o r more reponed accidents, o f the types susceptible to correction by a multi- way sto p installatio n, in a twelve-month period. and then they identify traffic volumes. What happened in 2002 wa s that there was a millennium editio n o f the MUTCD. which added some additional optional a iteria, which all o wed traffi c engineers so me additional flexibilit y. What they did was they indicated some o f th ese other crite ria . One o f those was the need to contral leti turn conflicts, the need to contro l pedestria n and vehicl e contli cts near intersectio ns where there is high pedes trian vo lumes. 1 hat is the one we u,ed to insta ll some additi o nal stop s igns around the schools. if you remember. Locati ons where the road user. afte r sto p pi ng. canno t see confli c ting traffic a nd the n a t intersecti o ns w here you have two collector through streets of s imil ar design and operating c harac1e ris1tcs. whe re it wou ld improve the traftic operati o n ~haracteristics. T hat was the warra nt s that I poke of. The final reason tha t the s taff can not support thi , is ,1e feel that ii is a bad preccden1. In 1978. up until about 1985 , th ere was this show hosted by R11:h :ird Dawson called Family Fe ud where the an wers were determi ned to be nght o r wrong based upon ,ur vey results . and ,o R ichard D awso n would always say ·suney ays' and the s urvey was the .tppro pnate means of determ ini ng the losers a nd winners of th is game show, but tt i probably not a very .tppropnate wa y to make traffic e ngi neering decisions . None of the numbers o n West Tufts Avenue are ,cry compelhng wtt h respe t to p ublic safet y cons,dcrau ons. at least ,n companson to other local rc>1 denttal meets ,n the City. T here have been no accident , rcpon ed there ,n the la I three years. bet\\ecn LO\,ell a nd lm ng ,m Tufts. Q>mpan ng the traffic num ber, o n 1m1lar t~pcs of res,denual local trects. the 0 ,ch,cle, per day o n Tufts ra nks about the -44'" h,ghc t o n the hst . The City ,.,de avc111gc 1s about 1200 , eh , le , per dJy o n a lllcal res ,de nual street. C o mparing the average peed, o n Tuft . Tufts 111nks about -I •• o n 1h .it h t . The .,erage ,peed o n Tutts 1 '.:9 mph . The Cu~ \\Ide a,crage 1 .tppro,1matcly .?8 mph. Co mparing the percentage o f , chides that e,ceed 5 mph o n Tuth. ran · 3::?"" and 6• h11lhc>t for west bound a nd ea,t bound re pe 11,cl y. Tulis . ea,t bound. 1 6.9 per cent and wc,1 bound Tufts 1 5 .67 per cent •nJ the C,t~-,"Je .l\er.ige 1s 6-11 per cent . Th(n, mp;mng 1hc • per enulc>. ,.h, h means that 5 per ,·ent 0 1 1he .-a~ Jre rra,ehng le than the 5'" pen..-cnu le ,pecJ. Tuh ran!. .b number 3 "c l bound Jnd number 30 ea,1 bounJ . The s• percentile peeJ 1 33 I \\C t t•ound Jnd ,) -' east bowld and the It} ' .. .. • • • Englewood City Council No,·ember 17, 2003 Page 10 wid~ average is 30.6. We c urrently have 3'.! all-way stop inlersecti o ns in 1he Ci1y and 18 of 1hose are around sc hool s. The concern. qui1e frankly is. if we ure going 10 place an all -way stop al this loca1i on, based o n 1hese numbers , then what pos sible grounds do we ha ve for Sa) ing no 10 1he 30 or 40 01her sirccts in lh e Ci 1y 1hat have equal or higher volumes or higher numbers . Thank you . At this lime , I would like 10 1urn it over IO D0ro1hy Martinez who ha s worked man y ho urs toward trying 10 gel this stop sign in stalled . Co un~il Member Yurchick sai d l would like to ask a questi on. Your fir st reaso n. which I assume is yo ur mai n rea son ... is it 1he four-way stop you oppose or is 1here a compromise where we could put the slop on Tufts. bu1 1101 make ii a fo ur-way stop'? As I look al the map on Knox , I see how short Knox Court is . Mr. Russ said o flen, when we are faced with !hat kind of si1uation, one of 1he things that we do look at is swi1ching the s1op signs. And unfortunately when you have 700 vehicles on one street and 80 vehicles on 1he other streel , ii is so disproportionate, we don 't feel comfortable doing !hat at lhis location. Mr. Yurchi c k sa id !hen yo u are opposed ei1her way? Mr. Ross replied , yes . Mayor Garrett said 1here are no stop signs on the street. Is that right? Mr. Ross said yes there arc. Mayor Garrett sai d I didn'I see any slop signs at all . Arc !here stop signs up on 1hose two? Mr . Ross sa id yes , on slo pping and controlling Knox Court . Mr. Garrett said there are no stop signs anywhere up there that I remember. Mr. Ross said oh, is that righl'? That is inleresting . Mr . Garrett said we might be in favor of 1wo. Mr. Ross said yes, we could do that. Council Member Yurc hick sai d how can thal be, that 1hcre arc no sto p sig ns? Mayor Garrett said there are no sto p signs . I wem by the intersection . Mr. Ross said I didn 't notice 1hat. Doro1hy Martinez , 3430 Wesl Tufts Avenue, said I would like to thank the Englewood City Council for givi ng me this opportunity 10 speak 1onight regarding the installation of a four-way stop at the intersection of West Tufts Avenue and South Knox Court. To keep 1his short and brief, l would like to act as the spokesperson for this issue. There arc numerous people present tonight who came to this meeting to show 1hcir ,upport for this issue . There are also individuals here who wish to speak independently, after I have given my presentation . If Council desires. all individuals present in favor of this issue can stand, be sworn 111 . and give the ir names and addresses. To stun, I wo uld like to review the steps I have taken with the City regardi ng lhi s matter . (1.) On September 8111 , I met with Ladd Vostry. Traffic Engineer for the City. lo di~u» thi s issue . (2. l On October 9111 the Englewood Transportation Advisory Committee met to discuss 1hi s iss ue and decided to forward it 10 City Council. (3 .J On October 20• City Council moved to make this issue a re,olu1ion and 10 put it o n the November 3nl City Council Meeting Agenda. (4.) On November 3,. the Public Work s Department recommended thi s issue be decided at a Public Hearing to be held on November 17111• (5 .) On November 12111 1wo signs regarding the Public Hearing were posted by lhe City at the int e rsection o f Wesl Tufts Avenue and So uth Knox Court . (6 .) Today being November 17"' I am in anendam:e at thi s Public Hearing before City Council to present my case. I have contacted and been work mg wil h 1hose residents who li ve o n the 33 00 through 3500 blocks of We,t Tufts Avenue, lhe 4500 1hrough 4600 blocks of So ulh Julian S 1reet. 1he 4500 1hrough 4600 blocks of South Knox Court, and !he 4500 1hrnugh 4600 blocks of So ulh Kong Street. For si mpl ification, I w,11 refer 10 1h1 s area as "1he neighborhood ." I cama,,,cd the neighborhood I\\ICe to o btain rcs ide nf s input o n this issue . I did an 111formal ,ur ve~ 111 September and o btained signatures o n a form letter III November. I summarized the ontorma u on I col lec 1ed from the sur vey. and leners. int o a report . I made copies o f the report for each of th~ Coun cil member . of you would please distnbute them . Each Council member received the report . . .\l:,0. ,he ,a,d . 1here are ~o p,es o f the ori gin a l letters. of }OU care 10 look at those. Tl\_c report contains 1he t.111 11 ·JI 111torma11 o n I "ill be pre enung to night . On eptember 9•. 11 •. 1211, and 13 •. I surveyed a total o t • 3 re>1de nt s represenung 36 ho u eho ld s. There arc a lo tal o f 59 ho uses in the neighborhood and 36 hou,ehold rerresent 61 '1 o f 1he neighborhood . Of tho..: resident conla.:tcd. 50 arc III favor of installing a 1our--,J~ mp an .I 3 res1den1S are opposed. The pcrccnm11e rcsu~ts o f the• urvey alone are: 94<:i, of the re ,Jent ;u-e III ta,or a nd 6'1 re oppo,ed. On. o ,cmber '". 9 . Jnd I . I di>tnbuted tl)Crs regarding the up.:,1m111g Public Hearing and a led rc,,dents 10 >1gn a torrn le ucr >1at1ng 1hc1r de.arc t have a iour-way ,tvp 111,1alleJ. I "a, Jble tn 11bwn ,1~n;11urc, ,on 5-letter repre..:nung 3 hou,,chold, A11:un. there urea t,•t.11, 1 . 9 h,,u,c ,n 1he ne111hborh Jnd 3 household> rcpre.cn11n11 ~·;. o t the neighborhood . I ixr . nall, Jell\er~d 1he: letter to the Engle\\ood Cu~ Ci eri. th1 morning For 1he record, I would hke .. t • • • Englewood City Council November 17, 2003 Page II to read al o ud the body o f the letter s igned by the residents of the neighborhood . The leuer reads as follows : ··N ove mber 17 . 2003 ... Dear Englewood City Council Members, ... [ c urrently live at (thi s was left blank a nd they were to fill in their address) in the City of Englewood. I have lived at this address fo r _ (thi s was left blank and they were to fill in the number of years) years. I am eighteen years of age o r o lder. I am absolutely in favor of the installation o f a four-way stop sign at the intersection of West Tufts Avenue and South Knox Court. The installation of a four-way stop is warranted for the following reasons : West Tufts Avenue is o ne of two thro ugh streets between South Lowell Boulevard and South Federal Bo ulevard. The other through street is South Belleview Avenue. West T ufts Avenue is the only through street located in the City of Englewood. The street directly south of Tufts Avenue, which is Wes t Pimlico Avenue. is located in the City and County of Denver. Within the last year, the City of Sheridan in stalled mid-block stop signs o n the two streets directly nonh of West Tufts Avenue. Those streets would be Wes t Dill Road and West Mountain Road. This has discouraged moto rists from using West Dill Road and West Mountain R oad and has encouraged them to use West Tufts Avenue. Within the last year, Denver ha s installed a three-way stop sign at the intersecti o n o f the 3600 block of West Radcliff Avenue and South Lowell Boulevard. The installation of a four-way stop wo uld improve the neighborhood and make it safer . A four-way stop sign is the most economic solution fro m both a financial standpoint and in ,onsideration of City staff time. The speed limit on Lowell Boulevard is 2 5 miles per hour and the speed limit on Wes t Tufts Avenue is 30 miles per hour, making it more desirable for motorists to use West Tufts Avenue and avoid us ing Lowell Bo ulevard . Thank you for your time and consideration in this matter. Sincerely,_." Ms. Manincz said I had them sign it and print their name. Taking into consideration duplicate names and addresses o n the survey and letters. I was able to contact a total of 80 residents representing 48 households. Since there are 59 households in the neighborhood, between the survey and letters. I was able to contact 81 % of the neighborhood. The results of my survey and letters show 77 resi dents are in favor of the installation of a four-way stop and 3 residents arc opposed. The percentage rcsulls of the s urvey and leucrs combined shows that 96% arc in favor and 4 % arc opposed. I have been an Englewood resident for 35 years and have lived at 3430 West Tulis Avenue for 13 years. Of those re s idents who signed the lener. 35 residents or 61 % have lived in the neighborhood for 10 or more years. Again. the reasons why a stop sign is. needed arc : West Tufts Avenue is one of two through streets between South Lowe ll Bo ule vard and South Federal Bo ulevard. The other street i~ West Belleview. Tufts is the o nl y through street in the City of Englewood. The street directly south, West Pimlico Avenue, is located in the City o f Denver. Within the last year. Sheridan has installed mid-block stop signs and speed bumps on the t\\O st reet s directly no nh of us and that has discouraged motorists from using those streets and .:nco urag.:d them to use West Tulis Avenue. Within the last year. Denver has installed a three-way stop s ign at the int ersection of the 3600 block of West Radcliff. This has discouraged motorists from using So uth Lowell and encouraged them to use West Tufts Avenue. The survey o f the neighborhood and signed lencrs indicate a strong ly perceived problem with trallic along West Tufts Avenue. The neighborhood fee ls a four -wa y to p would improve the neighborhood and make it safer. Several of the residents who live directly along West Tufts Avenue have c hildren and are concerned wnh their safety. A four-way stop seem'> like the most econo mi c solutio n. It will not cost the City a lot of money to install the four -way stop ,1g n. nor will II require a great deal of C it y staff time to 1mplement it . The speed limit o n Lowell Boule,ard i, ::5 mile~ per hour and the spel!d limit o n Wes t Tufts Avenue 1s 30 miles per hour, making it n1l)r.: desirabl e for mo to n ts to use West Tufts Avenue and avoid Lowell. During my S.:ptember S'" meeting "11 h L.1dd. \\e Ji sc ussed several possible sol uuo ns o ther than a four-way stop. Specificall y, we di;cu»ed '>peed bump . traffic cm:les. and automated s peed limit sign,. I am in full agreement with the C it y's stand on peed bumps and \\Ould o ppose their installation . I am also o pposed to the installation of tra ffic ·1rcle;. In tall.mg wnh my neighbors. several have tra1lcrs that rcqutre a 5.., wheel to tow them. The m tJllauo n of a traffi c c1rde wo11ld narrow the mtcrsec u o n and make the pai.s.igc of a 511o wheel trailer ,cry d1tt1 ·ult o r dm1 nnght 1m po.,,1ble . The idea "as to come up \\1th a soluuon to alleviate traffic problems and Jt the ,ame t1me m1mm1zc mc o nvemcnce to the netl!hborhood. I do not \\ant to punt h my ne11hbors b~· re,tnct1ng o r bl0<.l..mg inter ect1ons. It I dear 1he nctJ!hborhood perce1,cs a problem \\1th trarfic alon1 \\'e;t Tut!'> A,cnue and J ,oluuon I needed. four-\\a) top ma) not be the most perfect luuo n to this pn,blem. but 11 ,eem'> ltl..e them ,t e tfi c1 ent and e~ped1t1ou, soluuo n po 1ble . I ha,c 1nlormcd the re,1Jen1, "ho ll\e Jt the four corner oi the inter Ctll not West Tun, A, enuc and uth Knox Court. Jl-ou1 the mcreJ..c 1n tratttc 11\lt>C .md em1 m n at th1 inter ·11 n The) arc a"arc o t thc down Kie o i the ,n,1Jl1Jt1un ol J i.,ur-\\3) t p .1nd arc \\tlltn' to put up \\Ith these 10.: n1emencc Al • ffl} ne11Jhbor. • t • • Englewood City Council November 17, 2003 Page 12 Keith Gilman. has taken pi c ture s of eas t bound T uft s Avenue and west bound Tufts Avenue. She passed the pictures over to Counci l. M s. Martinez sai d, as you can see when yo u look at that, there is a stop sign at Lowe ll and Tufts and there is a sto p sign at Ir vin g and Tufts, but all yo u see in th ose pictures is one long str aight sho t. No o ne parks their car o n West Tufts. Two or my neighbor's cars have been hit by oncoming traffic on Tufts Avenue . So. no o ne parks their cars o n Tufts anymore. You can see in those pictures, that it's a very wide street and it encourages people to drive fa ster and increases traffic problems. This concludes my prese ntati o n for this evening. I would like to thank the Council members for taking this matter into consideration and I am asking yo u to please appro ve the installation of a four -way stop at the inte rsecti o n o f West Tufts Avenue and South Knox Court. Keith Gilman said I live with my pretty bride Theresa Mayeda al 4620 South Knox Court in Englewood. have been here for 17 years and we came out when they created U.S . West. You know, I love the word opportunity . We thank you for granting us the opportunity to advocate for o ur kids and our pets this evening. We thank you for taking this opportunity to help a unique pan of the paradise that we all call Englewood. An informal ce nsus of ldds in our area results in kind of a 20 to 25 ... which doesn't include my new grandson. That in creases on weekends when their friends come to play and to visit. We are actually acutely aware of the fact that there is a public elementary school four blocks, as the crow flies , no rth of thi s intersection. The world has become a more dangerous place for its c hildren . Herc is an o pportunity for us to make a small part of that world, just a little bit safer . Ma yor Garrett, Mayor Pro Tern Wolosyn and Members of the Council, I am profoundly grateful that you have found what we have had to say to be wo rth y of your time and kind attention this evening and I thank you. Jo hn Funk, 3430 West Tufts Avenue, said I have lived in Englewood nearly my entire life . l actually grew up on Huron and Chenango o ver by Belleview Park and as you may, or may not know, Huron Street in that area is actually quite busy . Although , in the 13 years si nce I have Jived over on Tufts Avenue, I found it to be much more problematic than Huron ever was . Huron seemed to have more of a consistent traffic flow th.an Tufts has . Tufts seems to have more of a spike in traffic and things of that son. The traffic engineer had menti o ned a little bit about average speeds and things of that son. I happen to be a student of advanced stati stics and I happen to know that in thi s particular c ase, I don't think the average is very reflective of the actual di stribution in this area . What I see on a regular basis is people coming down the strcct very quickly. So. what I would encourage you to do is to help us solve our traffic problem and improve our neighborhood a link bit. One of the way s yo u can do that is by taking us up on o ur proposed solution for the traffic conno l and no t make us play 20 questions with the traffic engineer over what device is appropriate. Thank yo u. Mark Ga.lle gos. 4630 South Knox Court . said I have been a resident at that address for almost 12 years now. T o ni gh t I came witho ut a collared shirt. withollt a coat and tie . I just came as a normal, comfortable Ame rican . What I wa nt to say. briefl y. is that I ha ve no statistics like the traffic e ngineer had, but I Jive two doors away from this i ntersection. I have an eleven year o ld and an eight year old, wi th many cousins, many friends and they come over quite often to play. because we have a great c ul -de -sac. It is a ni ce little ne ighborhood that we have . Most of th e kids in the neighborhood come to my house , so we have a fun ho use . What I want to j ust stress 10 you guys is that we are looking for sa fet y for the kids. A couple of us have purchased orange cone s and when the kid s are out playing , we will put them on Knox Court , on our ~ul-de-sac that goes to the so uth of Tufts. People are respectful when they come on Knox Court. I defi nitel y agree wi th my neighbor John, about the s pikes in traffic . The traffic on Tufts is ve ry irre gular, e ,pecia ll y around rus h hour times, in the mo rnings a nd in the evenings. There is a lot of traffic then . not so mu,h in the middle of th e day. Peo ple do dnve ve ry fa,1 o n it . e,pedall y the last few years. since they put 1hr speed bumps o n the streets to the no rth of us and the stop signs o n the streets to the south of us . One thing that I also wa nt to mention. I ha ve an excellent driving record . but I almost had a fatal accident at the 1111 e rsec tion about fou r yea rs ago. When yo u drive north o n Tufts. 1t 1s a ,light incline to the west and in the e, ening hours. when the ,un ts jw.1 coming o ver the hill. u 1s pretty difficult to see. Well . it ac tuall y ha ppened to me ,everal tames . but o ne da . 11 was kmd of a close call . I'm driving north. I'm gemng ready 10 turn len towards m~ how.e o n Kn o x Court and there "as ,1 lot of glare on my windshield. There were t\\O, pro babl y around "'grade ch ,ldrcn. gcmng ready to .:ro the ,treet. I ,tarted my turn. as I didn't sec 1he m. a nd all fa ,uducn u dawned o n me there was wmeone there and I slammed on m)' brakes . I was ,. t . ... .. • • • • Englewood City Council No,•ember 17, 2003 Page 13 probably 12 feet away fr o m 1hem . That was jusl a little close fo r me. It really gave me a wake up call. We can'! see 1hings like thal in s1ati s1ics, as far as how mu ch 1rafti c is 1here and is the sto p sign reall y warra n1 ed. I th ink !hat if a sto p sig n was there . ii wo uld help everybody ... it would help the drivers to Just have a moment 10 mak e sure everything is safe before they proceed 1hrough the intersection. So, I hope that you wi ll rule in o ur favor . Thanks for yo ur lime . Mayor Garrett asked if !here was anyo ne else who would care to speak . There was no one. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 77, REGARDING THE INSTALLATION OF AN ALL•W A Y STOP AT WEST TUFTS A VENUE AND KNOX COURT. Ayes : Council Members Barrentine, Moore , Bradshaw, Wolosyn, Yurchick, Toma sso, Garrett Nays : None Motion carried and 1he Public Hearing closed . Mayor Garrett said I believe this will be scheduled for December I. is that correct? City Anorney Brotzman said !hat is correct, for second reading. 10. Consent Agenda {a) Apvroval of Ordinances on First Reading COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (ii), (Iii), (Iv) and (v) AND 10 (b) (I). (i) COUNCIL BILL NO . 64, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED ''DEPARTMENT OF THE ARMY RfGHT OF ENTRY FOR ENVIRONMENTAL ASSESSMENT AND RESPONSE" BETWEEN THE U.S. ARMY CORPS OF ENGINEERS AND THE C ITY OF ENGLE WOOD PERTAINING TO THE PLACEMENT OF HIGH-VOLUME AIR MONITORING UN IT AT THE ENGLEWOOD GOLF COURSE. (ii ) COl)NCrL BILL NO. 79, INTRODUCED BY COUNCIL MEMBER BRADSHAW BILL FOR AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ENG LEWOOD. COLORADO. AND PATRICK AND COLLENE BURKE. TO MAINTAIN A PORTION OF THE C ITY DITCH ADJACENT TO 3594 S. BANNOCK STREET . (iii ) COUNCIL BILL NO . 80. INTRODUCED BY COUNCIL MEMBER BRAD H W A BILL FO R ORDI ANCE APPROVING A LICENSE AGREEMENT AND GRANTING A TEMPORARY ONSTRUCTION EASEMENT FOR '.!890 S. °"4.RKSON STREET IN ENGLEWOOD, CO LORADO . t l\·l COt.:NC IL BILL NO . I, INTRODUCED BY COUNCIL MEMBER 13R . \D IIA W \ Bil L FO R .\.'\; O RDIN N E APPROVI 'G THE INTERGOVERNMENTAL AGREEMENT BY "D BETWEE ~ l'RB.\N ORAi GE AND FLOOD ONTROL DISTRICT. THE CITY OF E'\GLEW I). COLOR . ') . A, D ENTE 'lAL \ TER A.''D ANIT TION DISTRICT FOR <• t • • Englewood City Council November 17 , 2003 Page 14 0 DES IGN A 'D CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR MARCY GULCH AT ENGLEWOOD'S CITY DITCH. (v) COUNCIL BILL NO. 82. INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING THE CONNECTOR 'S AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND SOUTH ENGLEWOOD SANITATION DISTRICT NO . I. (b) Approval of Ordinances on Second Reading {i) ORDINANCE NO . 78, SERIES OF 2003 (COUNCIL BILL NO. 76, INTRODUCE D BY COUNCIL MEMBER GARRETT\ AN ORDINANCE CLEANlNG UP CERT AlN ERRORS AND OMISSIONS IN CLARIFYING IN THE ENGLEWOOD MUNlClPAL CODE 2000 BY AMENDING TITLE 4, TlTLE 7, TITLE 8 , TITLE 11, TITLE 12. TITLE 15 AND TITLE 16. Vote results: Ayes: Nays: Motion carried . Council Members Barrentine, Moore. Bradshaw , Wolosyn. Yurchick. Tomasso, Garrett None (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (Sec Agenda Item 11 -Regular Agenda .) 11 . Regular Agenda (a) Approval of Ordinances on First Reading (i) Director Fonda presented a recommendation from the Water and Sewer Board 10 adopt a bill fo r an ordinance approving the 2003 City Ditch/High Linc Canal Agreement for delivery of raw water. He said thi s is for approval of a modification 10 the City Ditch/High Line agreement that we entered into wi th the Denve r Water Board in 1995 . This i.s a result o f the fact that Denver is not divening water 10 Harva rd G ulch for use north of Harvard Gulch. Thi s agreement requires Denver 10 pay $257,000.00 for a re -c irculation system 1ha1 wi ll keep the water. in the area of Bat~s Logan Park, re-circulating. Even thou gh we ..:a n get low !lows through ii now. th is wo uld allow fo r re-circulation and it wilt be installed by our Ci ty crews. The recommendation 10 City Council is 10 approve the agreement with Denver. Denver, after it passed o ur Water and Sewe} Board . has already approved it . Mayo r Garrell asked if there were any questions fo r Director Fonda. Co un ci l Member Yurchick s aid what is the rauo of the S:?57,000.00? It says based o n a ratio . What is the es11ma1e ut what 1s 11 is goi ng 10 cost Englewood'! Director Fonda said which paragraph are you looking ,r! Mr. Yurch1ck sa id I'm looki ng at the Financia l Impac ts . Where it says Englewood's s hare of these ..:os1s we re based o n the ra uo of the l'O lume of water divened for Englewood at the High Linc diversio n dam . Director Fonda ,aid that 1s separate from the ditch. DcR\er. ifit divens some of the water that used 10 go non h of Har, ard Gulch. the y may want to deli ve r II into Lmlel n. s.o they wo uld pay o n a prorala basis . 1hc1r ~o,1s u t ,hanng the C uy Duch 1f the y divcncd that -.a1cr. S1m1larl)•, Denver allows u, 10 use the Hi gh ' • • Englewood City Council November 17, 2003 Page 15 tJ Line Canal under fairly favorable conditions 10 deliver water from Waterton Canyon to McU:llan Reservoir and that's by gravity and it's a good deal, but we pay similarly, a proportionate share based on the length of the canal we use and the vo lume of water diverted compared 10 the total that Denver diverts down the High Line Canal. Council Member Yurchick said what kind of number'? What kind of number are we voting on for the cost to Englewood? Mr. Fonda said it varies every year depending on how much water we divert. In other words, some years we don ·1 divert any and some years when the High Line Canal is not priority, we may divert quite a bi!. Council Member Yurchick said okay, give me a range ... from zero 10 what? Mr. Fonda s aid it could be $'.!0.000.00 10 $50,000.00, but we pay more than that pumping it out of the Mclellan Pump Station. So High Line Canal is our first choice and then beyond that, we would have lo pump it. .. the water that we run down City Ditch. And then, this is usually waler that we are leasing to Highlands Ranch. This is a fairly small fraction of the revenues that we derive from that. Council Member Wolosyn said do l understand correctly from previous discussion, that !he $257 ,000.00 should cover our costs to install the re-circulation system. Mr. Fonda said yes ii will and we will be using our crew and equipment 10 install it, but we have included our costs, as if we were a contractor and Denver has accepted that. So, we will only be out of pocket for the cost of the materials. Council Member Wolosyn said I think you guys did a great job. I just realized this. I think it was two years. because Mayor Burns was on the Water Board when this discussion started. Mr. Fonda said yes, it has taken a lot of negotiations. Directo r Fonda said Council Member Yurchick, did that answer all your questions? Council Member Yur~hick said in a way, but in a way not. Now you have raised another question. You tell me this doesn ·1 have anything to do with the City Ditch running through Englewood. Mr. Fonda said yes, it does. Mr. Yurchick said, so, in the long run it could cost us $50,000.00 a year to pump water through the City Ditch. Mr. Fonda said we can run water from Waterton Canyon down High Line Canal and put it into Mclellan Reservoir to store it. I! is a very favorable price. because we would pay more if we look the water out of the South Platte River. ran ii down City Ditch and pumped it up to Mclellan Reservoir. The confusing part of this is that this agreement covers both our use of the High Line Canal and Denver's use of the City Ditch. And, Denver's use of the City Ditch used to be, that they would run ',Vatcr all the way through the City Ditch and use it for Washington Park and the Denver Country Club, but they stopped . When T -Rex came through, they took the pipe out under the highway. So now they don't use any of the water north of Harvard Gulch . They want to take that water out and convert it to municipal use , but they wanted 10 retain the ability to still use some of that water to maybe serve the Linlcton cemetery or some o f their customers that would be so uth of Harvard Gulch. So, we charge them based on the cost that we incur. For City Ditch. they would share the cost based on the vo lume of water they divert, compared 10 the !Ola I water diverted. if ii is in City Ditch. ln the High Line Canal, we do a similar prorata sharing of costs. where they take their total High Line Canal costs and we pay. based o n the length of the ditch we use. co mpared to the total. So, if we use a fourth of the length'. In getting to Mclellan Reservoir, we \\Ould pay a fo urth, and if we use. maybe u hundredth of the water that is diverted, we would then pay u fourth o f a hundredth of their total cost. So, we do it simi larly in both cases. Co uncil !\1ember Yurchick said. so, is it going to cost Englewood to run water from 350 East Cornell to 2750 South Clarkson? Mr. Fonda said it will co,1 Englewood to run the re-circulation system . ls that what yo u mean? Mr. Yurchick said \\ell . I don 't know. You are talking about prorated costs in here . we are talk in g about running the City Ditch from Co rnell to Clarkson. and I just want to know what it is going to .:,i,t Engle\\OOd to keep that water running through that ditch for aestheuc reasons. Mr. Fonda said 11 \\Ill co,1 u, nothtng to install it. because Denver 1s paying for the entire installation. Mr. Yurchid: said nghl. bu t alter that II is going 10 cost us something to keep the water going, isn't 1r/ Mr. Fonda said yes. it wtll. It ,1111 be the po"er co,1, ,tnd maintenance o n the pump ,ta tt o n. Mr. Yurc hick said o kay. that was m~ que;uon ;\Jr. Fonda ,.ud that 1s a fairly mino r a mount . but I don·1 know. maybe $5.000.00 a year ... l'm ' .~ • • Englewood City Council No,·embcr 17, 2003 Page 16 • •• 0 0 . just gue,sing. II is a very low head application, because yo u are not lifting the water. you are just re - ci rculating it. Council Member Moore said just to clarify something regarding the diversion issues ... 10 get the water 10 thi s area. Dirc,tor Fonda said that is separate fr o m the re-circulation issue. They are both covered ,n one do .:ument. But , Mr. Moore said , I was following Mike's issue and it is a good one. Other than just running the pump. we are not incurring additional annual costs. jus t to keep the aesthetic value of the ditc h goi ng' Mr. Fonda said we are maintaining the Ditch, but it would be very expensive to abandon it. And also. the Dit,h se rves as a storm water conveyance, which we cannot really get rid of, wirhout great expense . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED TO APPROVE AGENDA ITEM ll (a) (I) -COUNCIL BILL NO. 78. ' COUNCIL BILL NO. 78, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE APPROVING THE 2003 CITY DITCH/HIGH LINE CANAL AGREEMENT BY AND BETWEEN THE CITY AND COUNTY OF DENVER. ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS, (DENVER) AND THE CITY OF ENGLEWOOD. (E NGLEWOOD) FOR THE DELIVERY OF RAW WATER. Mayor Garrell asked if there was any discussion . There was none . Vote results: Motion ,arried. Ayes : Nays : Council Members Barrentine, Moore. Bradshaw, Wolosyn . Yurchick, Tomasso, Garren None (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 (i) Director Long presented a recommendation from the Library to adopt a re solut iu n authorizing the 2003 Winter Food for Fines progra m from Monday, December !,through Sunday, December 14. 2003. He said in 1990 the Library began a new program, which we call Food for Fi ne s. The rationale behind the program is really rwofold. One was to encourage people to get their boob ba,k on time and. for people who had overdue s. we also wanted 10 ha ve a way , panicularly wtth kids whu couldn 't afford a lot of mo ne y. 1hu1 rhey could get the books back without a ,harge, but tn dotng so the:) wo uld provide a service to the ,ommunity. Ho w we set the program up was, anyone with an overdue could bnng in o ne no n-p c:ri,hable food item and s wap that overdue tine ... have it ,an.:ellcd tn effect . Then the no n-perishable food uem, were then donated 10 lnterFatth Ta,k Force food banl . In the 13 year 1h1 progra m ha s been in existence. we ha ve rai sed Jn es11ma1ed 16.900.00 tn non-pen hablc food ttcm t,,r the lnterFJuh food bank . Tht> has been a very popular progrJm Earlier 1h1 >car -.hen -.c r;u,ed uur ltn< ,1 ru c1ure to r o ,erdue matenab. 11 w.is the 111 he , o t the Ltbrar) Bn.ird. ub-cq ucnrl upporlcd b, 11, Coun1:1I. that not o nl) wo uld 11e ha ,e o ne Food h>r Fine proir m. blit e o uld h.i,e 111 i.:e ..1 c.11 .1 " 11eek, e:i.:h . o this 1c:1r. 11e hJd our fir t summer r·o,iJ t,r f ine: ,rnJ n,,,.., 11 i. umc 1.-tile I er f "1 for Fme, progrJrn .. ~, 1 aid . tht;, ha been J ,er) po ttt,c: Pf• r I h ,crt.1 h.1 be ·:n Jpprec1a1cd b) lntc rF,11 1h r J l fon:e .inJ 11c 1h11, 111 th, I, ,upport to Jppn" c o ur rcque I tor rewlutton ~Ir L•n • .a 11 llwre ere n0 nc . ' .. .. • • Engkwood Cily Council o,ember 17, 2003 Page 17 COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 84. RESOLUTION NO. 8~. SERIES OF 2003 A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE ANNUAL '"FOOD FOR FINES" PROGRAM FROM MONDAY . DECEMBER I , 2003, THROUGH SUNDAY, DECEMBER 14 , 2003. Vote results: Ayes : Nays: Moti on carried. Council Members Barrentine, Moore, Bradshaw, Wolosyn, Yurchick, Tomasso, Garrett None Dire ctor Long said thank you very much. (ii) Director Fonda presented a recommendation from the Water and Sewer Board to approve, by moti o n, the purchase of pumping units, valve vaults and electrical connections to the two wells that we recently drilled. One was drilled at Mclellan Reservoir and the second well was drilled at the Golf Course. These are deep wells that provide a very stable source of water. Two bids were received for the unit s and we are reco mmending the low bid in the amount of$130,177.00 to Am West, Inc. I would point out that these wells make our water a lot firmer and we arc therefore able to lease a much higher priced water during moderate years. to Highlands Ranch , because during dry years we arc able to use wells to provide that water. so in conjunction with some of our surface rights, that are a little bit junior, we are able to make them senior and generate more revenues that way . It also provides more stability to the City having the se wells there, in cas.: of a drought . Mayor Garrett asked if there were any questions . Mayo r Garrett sai d I ha ve one quick question. It talks about the budget of $500,000.00. Does that include the drilling costs? Dire ctor Fnnda said yes, that was the largest pan ... the drilling . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED TO APPROVE THE PURCHASE OF PUMPING UNITS FOR WATER WELLS AT THE ENGLEWOOD GOLF COURSE AND MCLELLAN RESERVOIR. Aye s: Nays: Mo uun carried. l'.!. General Discussion (aJ Mayor's Choice Council Members Barrentine. Moore , Bradshaw. Wolosyn , Yurchick , Tomasso, Garrett None l i) Mayo r Garrett said I want to congratulate the two new members we ha ve o n Council. Al so I w uld like to recog nize Jill Carlston. Dennis Schum. John Harper and Julie Grtzulis who Jl,o ran . For those \\ho are sitting up here. as we ll as those who ha ve been in campaigns. it is not the ea,1e,t thing to do. so I ad mire all of our cn1zens who are willing to take the nsk and run fo r office. 1b1 Council Members· C hoke ( i) Council Member Yurch1 ck sai d I just \\ant to welcome the new Coun cil YI embers. <• ' -~ ..• .. • • • -= -' E nglewood City Council Novcmher 17 , 2003 Page 18 (ii) Coundl Member Wolosyn ,a,d I also want 10 "ckome 1he new Coun.:11 Member, and offer congra 1ul a1ions 10 Mayor Doug Garren. I -.ould also hle 10 thank the C,)un.:11 for the vo les and 1he confidence you ha ve give n me. by electing me :.is Mayo r Pro Tern. I w uld also like 10 1hank for me r Mayor Bev Brad,haw for 1he ,1ellar job she has done. For at least 1he last sn months. 1f no1 1h.: last y.:ar. we ha ve had a real hard ride and s he 100k a lot o f the bumps fo r u; and I appreciate tha t. M Bradshaw sai d 1hank you . M s. Wolosyn ai d I look forwa rd 10 gc111 ng down to more hard -.ork . (iii) Council Me mber Barrentine said you arc nght. it is difficult 10 mak e a decuon to run and I am very fortunate that I had a lot of people and a lot o f the co mmuni1y s upport and I hope that I can earn their 1ru,1 and I intend 10 wo rk hard for what the y pul me up here for . Thank you. (iv) Council Member Moore said I would like to welcome Lauren and Ra y as well . You will have fun . I would hke to personally thank Bev for the la s1 two years of leadership yo u provided. A, Olga menuoned. you tool a lot of blows for us . Certainly the la st six months on Council. for me. was a lo t harder th a n the fir st eighteen months . And Doug . I would hkc to wish you well. as Mayo r. for the next two yea rs . Thank you . (v) Council Member Brads haw said I would like to "'elcome Ray and Laurett. I 1hink we have another dynamic group. We need to all ,on out what we need 10 do and what we do best and I think that takes time . I al so want to thank siaff for the help . pan,cularly Stewart who can confuse people on the si mplest questions more than any man I know. and the rest of the staff. It was a tough nde. but 11 was fun and I reall y do need to take time for me. I've lost my creative mu.e and I think that is really important. I look forwa rd to serving the citizens of Englewood two more years as Coun.:il Member At - La rge. but I hope 1t11s sets a precedent that we can be Mayor for two years. and move o n ... until the citizens want to ha ve a full 11mc Ma yo r . or want to have a Mayor elected A1 -Lar~. I think thi s is reall y good. because 1h1~ help build le:ldcrs for the future and that is pan of our job of bein11 up here too. Thank yo u . ••••• Maye>r Garren Sjid the last two year . because o f the budget 1 ·uc we have had. were quite a challe nge. We ,p.:nt more 11mc talking about budget than we c,cr wanted 10. Council Member Bradshaw said until the d og parks 13. City l\lanqer's R•rt (J) 1ty Manai:er Sear said the onl) thing 1ha1 I would hkc to say that I didn 't get a c hance to a) eMl1cr tonight. becau..: I think Dan did a vc r) capable Job on procedures, is thal I think one of the ,ircngth, o f o ur ounc11/Man.igcr form nf government, 1s in the C11y Counci l request tracking proces,. We J o Jctuall)' hJ,c j pr,i.:edurc that Leigh nn ha put together that pro-.des for qukk reviews of the inl, rm.111on 1n mien form or ,crb.11 form I Ju I wanted to hand thts out again to oun.:i l a a reminder that 1l 1hcrc arc" uc th.it .:omc up . v.c :ire required. w11hin a three day penod. to respond bacl. I do \\lnl t,1 than l {\,ull\:11 IM "urlmg through that I 1u,1 cncour.11c Cm,nc1l to conunuc to follow that proc.:durc. j~ v..: mo , e .iheaJ ThJn )OU Coun,:11 \!ember Yur,h1d. ,aid I uld Ille to .c.l o ne more que u o n nov. that yo u handed th1> o u1 . We re4ue 1eJ ,m.: numbers 1n E ccuu,c I n C11y Manager Scar atd )C • Mr. Yurch1ck ,:ud "hen 1> that ,nl,>rm.m, n • ,in i., ,,u1' 11~ '.\lana er Scar ,.i1d that 1, mg worlcd o n nght now. ctually R1,l (.;jhm "J.M o n 1h.11 anJ e 111 g1,e the Coun.:11 a full rcpon. I don't I.now 1f 111 • .. ,n~ t<> t>e r.:JJ, tur nc\l cc . but I u ~I b. December I ''. t"IIJ \IIOfM\' Rc,port CII\ \11 rne:, Br ,UIYIJn 1J nol h.i,c ""~ m.m r M bnn hire Council ..... .. t ... .. • • Englewood City Council November 17, 2003 Page 19 Ma yo r Garren asked if Lauren and Ray currently have e -mail. Ms . Barrentine said actually I spent :.o mc rim e o n Friday with Sue. She did a very good job of goinl! over a lot of things, so they have all o f that m the wo rk s and arc preny o rgan ized . They didn't know to ask Ray yet though . Ma yo r Garrett said a lot of times e-mail is the way to distribute information quickly . Council Member Elradshaw said it would probably help if Ray could swing by and talk to Sue tomorrow. City Manager Scars said sure. we have all the materials ready to go . Or, Ms. Bradshaw said, you could pick them up tonighi. . .I saw the stack. 15 . REIT MOVED TO ArD . The mecttna adjourned at 9 :4S p.m. r • . Lou Ellls From: Sent: To: Subject: Leigh Ann Hoffhines Monday, December 01, 2003 7:43 AM Lou Ellis Mayor's speech for tonight Lou --Here's the Mayor's speech for tonight's artist recognition (thought It might help w/ your minutes). Can you give me a call when you get In so we can talk about the microphone situation In Council Chambers? Thanks! Leigh Ann mayors recognition speech.doc Leigh Ann Hoffhines Communications Specialist City of Englewood 1000 Englewood Parkway Englewood, CO 80110 303-762-2316 Student Artist Recognition 2004 Calendar December 1, 2003 DOUGLAS: Good evening and welcome -we are very pleased this evening to be honoring the students whose artwork is showcased in the 2004 Englewood Calendar. This is the fifth year we have featured student artwork in our calendar. Each year, the City holds an art contest that is open to all students who live or go to school in Englewood. This year, we received nearly 150 entries, and 14 of those pieces were chosen for the calendar. The selection panel included: $ Mayor Pro Tem Olga Wolosyn $ City Council Member Beverly Bradshaw $ City Council Member Ray Tomasso $ Eric Bertoluzzi, Chair of the Englewood Cultural Arts Commission $ Cultural Arts Commissioners Mary Lynn Baird, Kate Dulaney, Darrel Freeland, Janet Moore, Donna Schnitzer [SHNIT-ZER], and $ Dave Mitchell from the Museum of Outdoor Arts. Choosing just 14 pieces of art to include in the calendar out of the many wonderful entries we received was not an easy task -thanks to the selection panel for their efforts. We will be returning the artists' original artwork this evening. As you can see, we 've had the pieces matted and framed. The artists will also receive a gift card to Hobby Lobby that you can use to buy art supplies. • • Mayor Pro Tern Olga Wolosyn, Council Member Beverly Bradshaw, and Council Member Ray Tomasso will help me with this evening's presentation. [INTRODUCE OLGA, BEV & RAY] We'd like the artists to come forward as your names are called. After the recognition, we would like all the artists to gather in the lobby outside Council Chambers so we can take a group photograph of the artists with their artwork. Q1&A: And the 2004 Calendar artists are ... 1. Shay Wecllake, a 12th Grader at Humanex Academy. Shay's piece, entitled "Natives," appears on the cover of the calendar. BEY: 2. lmani [IB·MAH-NEE] Maxey-Bell, a 2nd Grader at Maddox Elementary. lmani's artwork, "Happy Horse," appears in January . .Ql&A: 3. Kayla Bundy, a 2nc1 Grader at Bishop Elementary School. Kayla's artwork appears in February. Kayla's piece was created last year when she attended Clayton Elementary. BEY:: 4. Cameron ~. an 8th Grader at Sinclair Middle School. Cameron's artwork, "The Fish of Costa Rica" appears in Mar.ch . OLGA: 5. Lauren West, a 3r<1 Grader at Maddox Elementary. Lauren's piece, "Butterfly," appears in April. • • ., BEV: 6. Ruby Castaneda, a 5th Grader at Clayton Elementary School. Ruby's artwork, "Little Frogs of the Forest," appears in May . Q!&A: 7. Stephanie Hapke [HAP-KEE], a 6th Grader at Sinclair Middle School. Stephanie's artwork appears in June. BEY:: 8. Graham Kramer, a 4th Grader at Charles Hay Elementary. Graham's artwork, "Gleaming Sun," appears in July. .Ql&A: 9. Tristen Current, a 9th Grader at Englewood High School. Tristen's piece, "Yin Yang Sun," appears in August. Tristen's artwork was created last year when she attended Sinclair Middle School. ~= 10. Cristina Rodriguez, a 5th Grader at Maddox Elementary School. Cristina's artwork, "Pink Flamingo," appears in September. Ql&A: 11. Zach McNurlen, a 4th Grader at Clayton Elementary School. Zach's "Scaredy Cat" appears in October. BEV: 12. We h ave two artists featured in November -the selection panel just couldn't choose between them, so we decided to include them both. 1. Diego Ramos [RAY-MOS] is a 7'h Grader at Sinclair Middle School. His artwork is entitled "Dia de los Muertos " 2. Hannah Rasby [RAZ-BEE] is also a ~ Grader at Sinclair Middle School. Her a rtwork is entitled "Dance of Death" Ql&A: -~- . t .... .. .. . • • 13. Jessica Malone is a 6th Grader at Englewood Leadership Academy. Jessica's artwork, "McKee's Elmer Elephant," was created last year when she attended Bishop Elementary. It appears in December. DOUGLAS: Congratulations to all of the students whose artwork is featured in the 2004 Englewood Calendar. We'd like to offer a special thanks to the art teachers and parents for their support of these talented artists. I would also like to recognize the Cultural Arts Commission for their enthusiastic support of this project. Several local businesses also helped sponsor the calendar -a big thanks to: s the Museum of Outdoor Arts, s A & B Custom Framing, s The Pressworks, s Colonial Hanle, s Miller/Weingarten Realty, s Office Depot, s Red Bird Farms, s Mile High Coffee, and s Cornerstone Books. Thank you all for coming this evening to help us recognize of 2004 Englewood Calendar Artists. Let's give them all a round of applause. There are calendars available on the table in the back of the room -please take some home with you and enjoy them throughout the coming year. -A- PLEASE PRINT NAME PUBLIC COMMENT ROSTER AGENDA ITEM 7 ~VIIITOM / DATE: December 1, 2003 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES ADDRESS Date December 1, 2003 INITIATED BY COUNCIL COMMUNICATION Agenda Item 10a i Subject Amendment to the Agreement for Delegation of the Pretreatment/ Industrial Waste Control Program Responsibilities STAFF SOURCE Littleton/Englewood Wastewater Treatment Plant Staff Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PRMOUS COUNCIL ACTION Previous action was May 17, 1993. The original Agreement with Denver Metro Wastewater Reclamation District for delegation of Pretreatment/Industrial Waste Control Program Responsibilities was approved. RECOMMENDED ACTION The recommended action is to amend the existing Agreement with the Metro Wastewater Reclamation District (MWRD) regarding the delegation of the Industrial Pretreatment program for areas located in Englewood that discharge to the Metro Wastewater Treatment Plant. BACKGROUND, ANALYSIS, AND ALTERNATIVES l~NTIFIED The Littleton/Englewood Wastewater Treatment Plant personnel manage the Industrial Pretreatment programs for the cities of Littleton and Englewood. Management of the program indudes permitting certain industries which are regulated by EPA. Several small areas within Englewood city limits discharge wastewater to the Metro Wastewater Reclamation District. In 1993, the MWRD and Englewood entered into an Agreement that would allow Metro personnel to carry out all EPA required responsibilities and duties under the Pretreatment program for these industries. The only remaining requirement that Englewood is still responsible for Is to annually provide Metro with a list of busi11esses located in the described area and to update the information via driving around the area to verify names and addresses of businesses. In addition, Englewood is to submit survey Information to Metro, annuaHy. This proposed amendment to the Agreement requires Englew nod (L/E Industrial Pretreatment personnel) to provide survey information one time only after the Agreeme• fi nal. After that date, Metro will be responsible for performing the service area survey and drive-by verificatio, , Englewood becomes ·aware of new businesses that would be regulated under the Pretreatment RegG,ations, Metro wiH be notified immediately. If Metro takes any enforcement actions against Englewood businesses, Englewood will be nc:>tified of the matter. This Agreement removes the annual responsibility from Englewood personnel. Metro personnel will be responsible for all tasks associated with the Pretreatment requirements for only those industries discharging to theMWRD. The Littleton/Englewood Pretreatment personnel believe this is a more streamlined method of conducting business and do not believe there are any negative impacts. FINANCIAL IMPACT There will be no financial impact LIST Of ATTACHMENTS Proposed Agreement • • -. - ORDINANCE NO. SERIES OF 2003 BY AUTHORITY A BILL FOil CJ. 88 INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "AMENDED AGREEMENT FOR THE DELEGATION OF PRETREATMENT/INDUSTRIAL WASTE CONTROL PROGRAM RESPONSIBILITIES". WHEREAS, the Englewood City Council approved the original Agreement with Denver Metro Wastewater Reclamation District for delegation of Pretreatment/Industrial Waste Control Program Responsibilities on May 17, 1993; and WHEREAS, the Littleton/Englewood Wastewater Treatment Plant personnel manage the Industrial Pretreatment programs for the cities of Littleton and Englewood ; and WHEREAS, management of the program includes permitting certain industries which are regulated by EPA; and WHEREAS, several small areas within Englewood city limits discharge wastewater to the Metro Wastewater Reclamation District; and WHEREAS, the Agreement entered into in 1993 allowed Metro personnel to carry out all EPA required responsibilities and duties under the Pretreatment program for these industries; and WHEREAS, the only remaining requirement that Englewood is still responsible for is to annually provide Metro with a list of businesses located in the described area and to update the information via driving around the area to verify names and addresses of businesses and submitting survey information to Metro annually; and WHEREAS , by the passage of this proposed amendment to the Agreement Englewood (Littleton/Englewood Industrial Pretreatment personnel) removes the annual responsibility from Englewood personnel and Englewood will provide survey information one time only after this Amendment to the Agreement is final ; and WHEREAS, Metro will be responsible for all tasks associated with the Pretreatment requirements for only those industries discharging to the Metro Wastewater Reclamation District; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood , Colorado hereby authorizes the lntergove,nmental Agreement "Amended Agreement For The Delegation of Pretreatment/Industrial Waste Control Program Responsibilities" -1- ' • • between Metro Wutewatcr Reclamation District and tbe City of Englewood, a copy of wh ich is attached u Exhibit A. Sectjon 2. The Mayor is hereby authorized to sign and the City Clerk to attest said Intergovernmental Agreement on behalf of the City of Englewood . Introduced, read in full, and pused on tint reading on tbe 1st day of December, 2003 . Published as a Bill for an Ordinance on the Sth day of December, 2003 . ATTEST : Douglas Garrett, 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 1st day of December, 2003 . Loucrishia A. Ellis -2- AMENDED AGREEMENT FOR THE DELEGATION OF PRETREATMENTnNDUSTRIAL WASTE CONTROL PROGRAM RESPONSIBILITIES This Amended Agreement is made and entered into between the Metro Wastewater Reclamation District (the "Districr) located at 6450 York Street, Denver, Colorado 80229-7499 and the City of Englewood ("Englewood") located at 3400 South Elati, Englewood, Colorado, 80110. This Amended Agreement replaces the previous Pretreatment Delegation Agreement entered in by the two parties on July 1 , 1993. This Amended Agreement hereinafter referred to as Agreement becomes effective ----------- 1. PURPOSE Under Section 6 of the District's Rules and Regulations Governing the Operation. Use and Services of the System (Rules and Regulations) and Article IV of the District's Special Connector's Sewage Treatment and Disposal Agreement with Englewood (Special Connector's Agreement), the District and Englewood enter into this Agreement whereby Englewood shall delegate, and the District shall assume, the responsibility for conducting Englewood's Pretreatment Program obligations fort hat portion of Englewo od 's service area d eslgnated in Section 2 of this Agreement. 2. DESIGNATED SERVICE AREA FOR WHICH AGREEMENT SHALL APPLY This Agreement shall apply to only that area of Englewood which receives sewer service from the District. The service area is described in the Special Connector's Agreement, which may be amended from time to time . 3. RESPONSIBILITIES DELEGATED Englewood hereby delegates, and the Disbict hereby assumes responsibility for Englewood's Pretreatment Program obligations set forth in Section 6 of the District's Rules and Regulations and Article IV of the Special Connector's Agreement and in documents issued pursuant thereto including, among others, Procedures For Implementing The Pretreatment/ Industrial Waste Control Program Of the Metro District, except as follows: Englewood shall submit current industrial waste survey information for its Service Area within 90 days of the date of this Amendment. This is a one-time submittal required to incorporate all industrial waste survey activities performed by Englewood over the past year, into the District's database . Englewood shall promptly notify the Disbict of any new dischargers connecting to the sewer system which may be subject to regulation as Significant Industrial Users under the Pretreatment Program. Englewood shall submit to the Metro District within 60 calendar days of the date of this amendment current sanitary sewer service area plats and the names and phone numbers for the persons in Englewood responsible for business licenses; building permits; sewer use permits ; water use records, and the local fire department. -1- I H I • I T A t .. • • - 4. NOTIFICATION OF ENFORCEMENT ACTIONS The District shall notify Englewood when assessing penalties, terminating sewage service, or seeking criminal sanctions against any discharger within the service area of this Agreement. The District shall provide Englewood with an annual status report on the compliance of dischargers under the Pretreatment Program. 5. DISTRICrS CHARGES The District shall charge each discharger within the service area of this Agreement, for any metering, sampling, and analytical costs incurred by the District for discharge or other monitoring conducted under the Pretreatment Program and for any administrative costs deemed appropriate. The District shall not charge Englewood under this Agreement any costs associated with the Pretreatment Program responsibilities delegated to the District herein. Englewood will remain subject to all annual charges as provided in the Special Connector's Agreement as amended from time to time. 6. AMENDMENTS The District shall be responsible for the performance of future Pretreatment responsibilities set forth in the United States Code of Federal Regulations and Colorado Code of Regulations, except for those Pretreatment responsibilities directly related to updating the industrial waste survey as described in Section 3 of this Agreement. The Metro District shall provide Englewood with an annual update of the District's Industrial Waste Survey Database for Englewood's Service Area. 7. SEVERABILITY If any section. subsection, paragraph, clause, phrase or other prov1S1on of this Agreement shall, for any reason, be invalid or unenforceable, the invalidity or unenforceability of such section. subsection, paragraph, clause, phrase, or other provision shall not affect any of the remaining provisions of this Agreement. 8. WAIVER No waiver by either party of any term or condition of this Agreement shall be deemed or construed as a waiver of any other term or condition, nor shall " waiver of any breach be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different provision of this Agreement. 9. REMEDIES In addition to the remedies provided by law, this Agreement shall be specifically enforceable by both of the parties hereto. -2· ' • • 10. TERM OF AGREEMENT This Agreement shall be in full force and effect and shall be binding upon the parties hereto from its effective date for a period of five (5) years. Thereafter, this Agreement shall continue as a binding contract to the extent permitted by law from year to year until a District Officer or an Englewood Officer delivers to the Chairman or cler1< respectively of each of the parties hereto a notice that thirty (30) days after such delivery or on any date designated in the notice following the expiration of such thirty (30) days this Agreement shall terminate. 11. CONFORMANCE WITH LAWS Both parties hereto agree to abide by and conform to all applicable laws of the Federal Government, the State. and any other body corporate and politic having any jurisdiction in the service which i s the s ubject of this Agreement. N othing i n this S ectlon contained, however, shall require any party hereto to comply with any law. the validity, or applicability of which shall be contested in good faith and, if necessary or desirable, by appropriate legal proceedings . 12. ACTS OF GOD Neither party hereto shall be responsible or liable in any way for Acts of God or any other act or acts or omissions beyond the control of such party which may cause an interruption or a discontinuance of service of the Sewage Disposal System or to any Sewer System. 13. ASSIGNABILITY Neither party to this Agreement may assign any interest therein to any Person without the consent of the other party hereto at that time, and the terms of this Agreement shall inure to the benefit of and be binding upon the respective representatives and successors of each party hereto. Nothing herein contained, however, shall be construed as preventing the reorganization of any party hereto nor as preventing any other body corporate and politic succeeding to the rights, privileges, powers, immunities, liabilities, disabilities and duties of either party hereto, as may be a uthorized b y I aw, i n the absence of a ny p rejudidal impairment of any o bligatlon of contract hereby imposed . CITY OF ENGLEWOOD Douglas Garrett ,MAYOR Date signed : ---------- Attest CITY CLERK Loucrishia A, Ellis -3- METRO WASTEWATER RECLAMATION DISTRiCT ROBERT W. HITE, MANAGER Date signed : ---------- COUNCIL COMMUNICATION Date Agenda Item Subject: December 1, 2003 10 a ii Victim Assistance Law r. Enforcement Grant 2004 INmATEDBY: Safetv Services I STAFF SOURCE: Director Chris Olson COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City of Englewood has applied for and accepted the VALE Grant from 1990 through 2003. RECOMMENDED ACTION Staff seeks Council support of a bill for an ordinance accepting 2004 Victim Assistance Law Enforcement grant funding in the amount of $23,400. This amount is for an 18 month grant cycle . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The VALE Grant finances approximately 31 % of the annual salary & benefits for the Victim Witness Program at Englewood Municipal Court The Victim Witness Program provides services for victims of domestic violence. FINANCIAL IMPACT Victim Witness program would lose 31% funding. LIST OF ATTACHMENTS Proposed Bill for an Ordinance 2004 Grant application .• • • BY AUTHORITY ORDINANCE NO. SERIES OF 2003 IL INTRODUCED BY MEMBER ------ A-1 AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. WHEREAS, the City of Englewood Safety Service Depanment applied for funding under the VALE Grants Program to be used for funding the Victim/Witness Program in the Englewood Municipal Court; and WHEREAS, the City of Englewood bas previously applied and been granted VALE Grants for the years 1990 through 2003; and WHEREAS, the staff seeks Council support for an Ordinance accepting a 2004 VALE grant funding in the amount of $23 ,400; WHEREAS , the Victim/Witness Program in the Englewood Municipal Court bas served the victims of domestic violence since 1990; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Scctjon 1. The City Council of the City of Englewood, Colorado hereby authorizes the acceptance of the VALE Grant and accompanying intergovernmental agreement , a copy of which is marked as "Exhibit A" and attached hereto. Section 2. The Mayor and the Director of Finance/ Administrative Services are hereby authorized to sign said VALE Grant and accompanying intergovernmental agreement on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 1st day of December, 2003. Published as a Bill for an Ordinance on the 5th day of December, 2003 . ATTEST : Douglas Garrett, Mayor Loucri shia A. Ellis , City Cleric -1- • t .. • • I, Loucrisbia A. Ellis, City Clerlt 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 !st day of December, 2003 . Loucrishia A. Ellis -2· VICTIM ASSISTANCE AND LAW ENFORCEMENT BOARD CONTRACT Pursuant to the Assistance to Victims of and Witnesses to Crimes and Aid to Law Enforcement Act, Article 4.2 Title 24 C.R.S., the Victim Assistance and Law Enforcement Board of the 18111 Judicial District has made the following award: Grantee: Englewood Department of Safety Ser.vices 3615 South Elatl Street, Englewood, Colorado 80110 Grant number: 04-38 Project Title : Victim/Witness Advocate Purpose of Grant Funds : Law Enforcement Victim Services Services/Equipment Being Funded: Portion of salary and benefits of Victim Assistant Grant Period : January 1 to June 30, 2003 Amount of Grant Award: $23,400.00 Quarterly Installments: $3,900 BE IT UNDERSTOOD THAT : (1) All disbursement of awards are contingent upon the availability of VALE funds. (2) The contents of the grant application will become contractual obligations of the grant recipient and are incorporated into this contract as if fully set forth herein. (3) The grant recipient is required to submit Financial Reports quarterty: April 30, 2004, July 31 , 2004, October 31, 2004, January 31, 2005, April 30, 2005 and July 31, 2005 for funding for 2004 and 2005 . The report due on July 31, 2005 shall be the year-end report. The VALE Board will provide Financial Reporting Forms . Grant recipients are required to use these forms. • X H I • I T A t .. Englewood Department of Safety Services 04-38 ( 4) The grant recipient is required to submit a Program Report on July 31, 2004. January 31 , 2005 and July 31, 2005, which addresses any special conditions that are listed in this contract. The report due on July 31, 2005 shall be the year-end report. It shall show totals for the entire year and must address any special conditions that are listed in this contract. The VALE Board will provide Program Reporting Forms. Grant recipients are required to use these forms. Reports shall be sent to: Francie Miran, Grant Evaluator VALE Board District Attorney's Office 7305 South Potomac Street. Suite 300 Centennial, Colorado 801124031 (720) 874-8600 (5) Failure to submit these required reports on the dates due may result in termination of the grant award, return of awarded funds or the loss of future funding by VALE . (6) Special conditions for the award which have been stipulated between the VALE Board and the grant recipient are as follows: NONE (7) Any equipment purchased with VALE funds must remain with the grant recipient. Equipment must be used for the purpose designated in the grant application. Any use by others or transfer of ownership must be reported to the VALE Board, in writing, prior to the occurrence of such use or transfer. The Board may approve such use or transfer or may request return of the equipment. (8) ~ change in the use of grant funds shall be approved by the VALE Board. The request for such change shall be in writing . Approval of the VALE Board shall be obtained prior to any such use . (9) Amendment of any other terms of this contract shall have prior approval of the Board . Requests for amendment shall be in writing . ( 10) The grant recipient shall submit written notification by June 1, 2005 to the VALE Board if the grant recipient will have any remaining funds at the end of the grant period . ,, t • . ··' • • Englewood Department of Safety Services 04-38 All unused funds shall be returned to the VALE Board unless the grant recipient makes a request in writing for use of the funds beyond the grant period and such request has been approved by the VALE Board. Such requests shall indude: The amount of remaining funds How the funds will be used When the funds will be expended Why the funds were not expended. Such request must be received on or before June 1, 2005. Upon receipt of the request, the VALE Board shall decide whether to grant or deny the request without further presentation or hearing. (11) The grant recipient agrees that all funds received under this grant shall be expended solely for the purposes stated above and that any funds not so expended, including funds lost or diverted to other purposes, shall be repaid to the VALE fund. ( 12) The grant recipient agrees to comply with the letter and spirit of the Colorado Anti- discrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (C.R.S. Sec. 24-34-402) and required by Executive Order, Equal Opportunity and Affirmative Action, date April 16, 1975. (13) Non-compliance with any po rtion of this contract may result in: Withholding of funds The grant recipient returning money to the VALE fund Other action as deemed necessary by the members of the VALE Board Any combination of the above . (14) All grant recipients shall make available to the Board or its authorized designee all current books, records, procedures or other information relative to the grant application and implementation. (15) The funds granted by this contract for Victim Services shall be disbursed in quarterly installments pending VALE Board approval of all required reports and verification of expenses. The funds granted by this contract for equipment may be dispersed by a single payment for the full amount, pending VALE Board approval of all required reports and verification of expenses. t .· .. .. • • -,.,.. Englewood Department of Safety Services 04-38 The grant recipient, through the following signatories, understands and agrees that any VALE monies received as a result of the awarding of the grant application shall be subject to the terms of this contract. Date. __________ _ Project Director Date. _________ ~ Financial Officer Frank Gryglewicz, inance & Administrative Services Director Authorizing Official Douglas Garrett, Mayor Carol Worth Chair, VALE Board Dme _________ _ Date. _________ _ Authorized Official : The authorized otlicial is the permn who is, by vir1ue of IIUCh paqon'1 position. IUlhoriud ID enter into contracts for the grant recipient. This could include : Ma~r or City Manager. Chairplnon of the County Commiuionln. Diltrict Anorney, PrNident or Chairperson of the Board of Oiredors , Supelinleudent, or other Chief EJl8CUllw Olllc:er. Financjaf Officer: The pe!$0n is responsible for al ftnanc:ial mall8rl relal8d ID the program and who hal responsibility for the accounting , management of fundl. -.lllcallon of upencllurN, audit inlonnallol1 and flnancial repolts. The pel$On who ac:IUally prepares the tlnical r9P(lrta may be under the supeMlion of the F".nenciel Officer. The Financial Officer must be a permn other than the AultloriDd Offlclal or the Plajed Olredor. Project Oirectpr: The pel$0n who ha dinlct r•poulibillty for the impllmellllllion of the p,ajec:t. This peraon lhould combine knowledge and e,cperience In the pn,ject -wiltl 8billty ID edl,•illll the pn,ject and IIIP8MN peraonnel. He/she shares responsibility with the flnancial Offlce for INing that al upencllurN -will*'i the apprlMd budget. This person will normally devote a major por1lon of hll/her time ID the pn,ject and is 191POnsible for fflNllng al reporting requirements . The Project Oinlc:IDr must be I l*90l'I Olh8r ltlan the AuUloriZ9d Official or the Flrwlcial Officer. ' .:., .. • • twnanrea SERIES OF 2003 BY AUTHORITY COUNCIL BILL NO. 64 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AU1llORIZJ1'G AN INTERGOVERNMENTAL AGREEMENT ENTITLED "DEPARTMENT OF THE ARMY RIGHT OF ENTRY FOR ENVIRONMENT AL ASSESSMENT AND RESPONSE" BETWEEN THE U. S. ARMY CORPS OF ENGINEERS AND THE CITY OF ENGLEWOOD PERTAINING TO THE PLACEMENT OF HIGH-VOLUME AIR MONITORING UNIT AT THE ENGLEWOOD GOLF COURSE. WHEREAS, the U. S. Anny Corps of Engineers wishes to place a high-volume air monitoring unit at the Englewood Golf Course; and WHEREAS, the air monitoring unit is needed to monitor the air, off site to ensure the health, safety and welfare of the public and community, in order for the EPA to proceed with the removal of radioactive contamination at the Shattuck Chemical Site; and WHEREAS, Ordinance No. 30, Series of 2001, granted the Government an irrevocable and assignable right to enter on, over and across the land described as a tract of land located on the City of Englewood Public Golf Course; and WHEREAS, land subject to the right of entry for monitoring purpoaea was for a period of 32 months but delay in reaching agreements with the Burlington Nonbern- Santa Fe Railroad Company pushed back the projected completion dates; and 1 WHEREAS, to complete the monitoring it is necessary to extend the completion date an additiorlal two years, fiom December 31, 2003 to December 31, 2005. 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 authorizes the Intergovernmental Agreement "Department OfThe Anny Right Of Entry For Environmental Assessment And Response" between U.S. Army Corps of Engineers and the City of Englewood, a copy of which is attached as Attachment I . Section 2. The Mayor is hereby authorized to sign and the City Clerk to attest said Intergovernmental Agreement on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 11• day of November, 2003. Published for a Bill for an Ordinance on the 21st day of November, 2003 . Read by title and passed on final reading on ihe 1st day of December, 2003 . -1- t • ·"' .. • • Published by title as Ordinance No.__, Series of 2003, on the s6 day of December, 2003 . Douglas Garrett, Mayor ATTEST: Loucrisbia A. Ellis, City Clerk I, Loucrisbia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance palled on final reading and published by title as Ordinance No.__, Series of 2003. Loucrisbia A. Ellis -2- I' U.S. ARMY CORPS OF ENGINEERS NORTHWESTERN DIVISION, SUPP1.EMENTALAGREEMENT I OATE: NO .I OMAHA DISTRICT SUPPLEMENTAL R.O.E. AGREEMENT (Riirhl-of-Enav) ADDRESS OF Pfl!MISES: City of Ea&lewood. Public Golf Coarse. Arapaho County, Colorado THIS AGREEMENT, made and entered into this date by and between: City of Englewood, Colorado, a Municipal Cor1)onltion Whose address is: 1000 Englewood Puttway, Englewood. Colorado 80110 Hefeinafter caled the OWNER, and the UNITED STATU OF AMERICA, hereinafter caled the Oo¥9mment: WHEREAS, ttle parties hereto desire to amend the above Right of Ertry ror Environmental Aaeument and RNPOflH. NOW ll4EREFORE, ttlese parties for the consid..aon of the public benefit hefeby covenant and agrH that the said Right of Entry for Environmental Assessment and Response dated 1 a June 2001 is amended. effedlve Oec:ember 31, 2003. as follows: Paragraph 1 is hereby changed to read: I. The Owner hereby grants to the Government an irrevocable and assignable right to enter in, on, over and across the land described below, for a period not to exceed through December 31, 2005 or approximately S6 months, beginning with the date of the signing of this instrument. for usc by the United Stucs, its representatives, agents, conuactors and assigns, as a work area for environmental investigation and response; including the right to store, move, arid remove equipment and supplies; erect and remove temporary structures on the land; investigate and collect samples; and perform any other such work which may be necessary and incident to the Government's usc for the investigation and response on said lands; subject to existing casements for public roads and highways, public utilities, railroads and pipelines; reserving. however, to the landowncr(s), their heirs, executors, administrators, successors and assigns, all such right, tide, interest and privilege as may be used and enjoyed without interfering with or abridging the rights and right-of-entry hereby acquired. A Copy of On1inance No . 30, Series of 2001, and Rlgtt of Entry for Environmental Assessment and Response are Attached hereto and Marked as Exhibits "A & a·. and made a part hereof. All other tenns and conditions of the lease shall remain in force and effec:t. IN WITNESS WHEREOF, the parties subscribed their names as of the above date . a., ____ _,,, _ ___,--=---.-----..- 1~> Douglas Garrett IN PRESENCE OF ATTEST: (Si91alin) Loucrishia A. Ellis UNITED STATES OF AMERICA BY~~,,.-~~-=-.,-,-~~~~~~ Chief , Real Estate Division Omaha OISlrid U.S. Army Corps of Engineers Mayor City Clerk (TIie) .. A t t a C h m e n t l . t EXHIBIT "A" DEPARDIENT OF THE AR..'vlY RlGHT OF ENTRY FOR E:-.-VIRONMDITAL ASSESSMENT A,\iD RESPONSE (U .S. Environmental Protection Agency, Region IIIV : Shattuck Chemic:il Site} High-Volume Air Monitoring Unit\ City of Englewood Public Golf Course The undersigned. herein called the "Owner", in consideration for the mutual benefits of the work described below. hereby grants to the UNITED STATES OF AMERICA, hereinafter called the "Government", a right-of-entry upon the following terms :md conditions: I. The Owner hereby grants to the Government an irrevocable and assignable right to enter in, on. over and across the land described below, for :i period not to exceed through December 3 l. 1003 or approximately 31 months. beginning with the date of the signing of this instnunent. for use by the United States. its representatives. agents. contr:ictors and assigns, as a work are:i for environmental investigation ilnd response: including the right to store. move. and remove equipment ilnd supplies: erect ilnd remove temporary structures on the lanct investiiate and collect samples ; :md perform any other such work which may be necessary and incident to the Government's use for the investigation and response on said lands: subject to existina ensements for public roads and highways. public utilities. railroads and pipelines: reserving, however. to the landowner(s). their heirs. executors. administr:w>rs. successors :md assigns. all such right. tide. interest and privilege as may be used and enjoyed ..,,ithout interfering with or abridging the rights and right-of...:nuy hereby :icquired. 2. rnc: owner :ilso grants the right to enter and exit over and :icross any other lands of the Ownc:r JS necess~ to use the described lands for the purpose listed :lbove. 3. All tools. c:quipment. and other property uken upon or pl:iced upon the described land by the Government :;hall remain the property of the Government :md may be rerno,:ed by the Government :it :my time within a ~enable period mer the expiration of this permit or right-of- entry . 4. Cpon the expir:ition or termination of this right-of-.:na~,. the Government sh:111 ~tore th e groun d contour. repllc:: an y pa,..ement or othe:-cove:-which was removed or damaged for this wor k. esublish :i groundcover of grass on are:is not .:,therwise covered and recoMect any oper:iting utility linc:s which were required to be: discoMected .:,r otherwise disrupted . 5. Tne owners of said property shall not be responsible or liable for injuries to persons or damage to property when such injuries of damage :ire c:iused by or result from the Government's use of the premises under the terms of the r!ght-of-.:ncry and are not due to the negligence of :.aid owners. • • EXHIBIT 'I' (u.s. e.,w .. ,,_.. "IW7, .._...111'1: --.:k o-mi Sila> (HJtli-V--. Air~ Ullill Cilr af~ "*le OolrC-) 6. The land subject to this permit or ript-of.amy is locmd in Arapaho County, State of Colorado, City of Enalewood and is more panic:ularly described a: A tract of land located on the City of Englewood Public Golf Course dm lies behind tbe m1imen1ace buildiq and is show on the aa.u:hed map marked .. E:<lubit l" and made a pert bereot: 7. Government shall provide a copy of die reportl hn die moaitlDI'. SIGNED THIS ff K day of~ 2001. <>war CITY OF ENGLEWOOD, COLOR.ADO nn: DNl'ml ST.-ns or"'~ By·~{/) 2 }'~esw.Division Northwest Omaha District U.S. Anny Corps of Engineers . •• '4···· . ' •• I • , . . . . .,. ; . . .. ~ .. ' . ,,:~ .. . .. ·'-... : .... • • •• • < • .. • < . '•. ~ ~ ... ) .... ~1 " •:;" t • . -·· . t] D . ' \, EXHIBIT "A" 'IOU b.-.'C- ""g"'"~1 ~ '-- ~ \....~ .... \ . l EXHIBIT "Bn C?..:JI::,.l..XCC: :S-0 . ...la. .S!?.:ES OF :!001 cot~cn. BCLL ~o. 30 D."TRODCCEDBYCOl'")j'CIL ~CDIBE.~ .,.qa:; .. nE,.. ... :r; ___ _ AS oaor:::.;.-1.):CE AC1'HOEUID,'G A .. '\' rxrE?.GO\~R.'41.lE~"T .. .U. • .\.GRZEsIE~-r !).T!TU:iJ ":JEP • .ut'nlE~"T OF THE . .\.RlI\" RIGn-r OF E~"TRY FOR !).,'1RO~::.lE~""!' .. .l..L • .\.S.SE.SS~CE~"T .l.. .. '•D R.!SPO~SE"' BETWEE.-.; THE t". S .. .\.PJ.IY COP.PS OF E::::.;GtXEEP..S • .\..'-."D T".d! crn-OF E~GU:WOOD ?~RT • .\.I)."DiG TO . !.=. ?L.\.CDlE~iT OF HIGH-\"OLt:.lE AL.It .M0~1TORIXG l"~1T AT THE E:):GU:WOOD GOLF COt"RSE. W"n"E3.E..l.S . :!le C. S. Ar::i;· Cor;:J Ji i::lllCffrs 'Ni.au• :o ;:~ca l hlt!l·\-Olume lir ::ci;or~ ucit at ;ile :'.nt!twocd Goli CJu.•·s.t : and. ~-iER!::..~. t!l,i air monitol".:f unit:.£ nHd..d :o monitor the lir. oc aite to ,u1.1i;re :::.. :::.e:il.t!l. aaiet'J :ind ~·el.!3..-e oi :!u pw:iic an.::. :oc.:'.llllt;·. :.:i o~er :or :!le E:? .-\ ;o ;:::-=c!!ed. ,vi:J:. :he :."!!:o..-al oi ~ci:.cac:·."e ·;on~coc. .it :he .Siut:'..i~ C~:nic:u ~!.:a : :s-c,•;,;, T~:R:::::"OP.E. 3E ['!' OR:> . .\rXEJ 3Y TI:."E CITY COl~C!. OF Tr:E CIT! OF !XGU:WOOD . COtOR..\.DO, -~ FOLLOWS . ,::..,...;'iC 1 . The Cit;" Cou:d ~i ±e Cr;:.· 'li !:if!tWflOd. Coiorsda »ni:y auu:or'.:n :l:.! :::.te:'i'J..-e~....:tncl .l..~:,i:.t ·'De;:3..-::1:.t Oi:"3 . .\r.:ir 'Eli¢: Of!:a-y For !.:.·.-_-::r.:t!:.t:ii . .\.;;sess::it~t .~: :ltspor..1e·· bet':<"u:. t.:. 3 .. .\r:y C.lr;s oi E::i¢nun 3.:.:i :::.e Cic:: ,i !c;:.e-xccc. ~ c:p:; .ii ·.\·:::.::::. :1 :.r:.:td u ·Ec::1: A .. 3r.ci. lt"..i.:::.td ===~··-·r-.,. r.1e '.\I:.i::~r :J 2:,or ai.::::.ori:e-: :o ,ip aid r~:•:r-~•~t:.t:ll. .. !_;~e=~=:.: .,~ ':e!::.!.: J(~::., C~::: 1!E~i!~·.,cC:.. EXHIBIT "B" P~:i~t:!d. oy titlt u Orci=:e ~o.~ So1riet ,)i:?001. oc. ±, :!:!:lei ciay oi JI!!:.!, :!001. r. !.ow::isai3 A. E!lil. Cicr C'.er1' of :he Cicr 'li Ent!.t~ CJior:ido. !ier,by ce!"!1fy c!lac cl:e :ibove :u,.d :onl'Jinl is :i er.le ,:opv oi t=.t Ordu:.:&:ct ;, · • ~ resciinc ;1.11c. ;,ublished by cit!e u Ordins.nce ~o. !::l_ So1~.es <li !001. 1 --- ·-' ORDINANCI! NO. SERIES OF 2003 BY AUTHORITY COUNCDL BILL NO. 78 INTRODUCED BY COUNCIL MEMBER WOLOSYN ~.ORDINANCB Ml'llOVING THE 2003 CITY DITCH/HIGHLINE CANAL AGREEMENT BY AND BETWEEN THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSiONERS, (DENVER) AND THE CITY OF ENGLEWOOD, (ENGLEWOOD) FOR THE DELIVERY OF RAW WATER. WHEREAS, by an Agreement dated October 3, 199S, the Cities of Denver and Englewood agreed upon delivery of water through City ditch and the High Line Canal; and WHEREAS, Englewood and Denyer wish to arrange for delivery of water to each of them from a ditch owned by the other; and .WHEREAS, a turnout from the High Line Canal, owned by Denver, is used by Engle~<>p<I to supply water to Mclellan Reservoit; and WHEREAS, Englewood owns the City Ditch from Chatfield Reservoir north to Harvard Guieb blow-off, and Denver owns the City Ditch from Harvard Guieb north to its terminus; and WHEREAS, Englewood uses the City Ditch to convey water for Englewood's use to McLellan Reservoir and Allen Filter Plant, for storm drainage and to supply various contract users wbp divert ff<>m City Ditch Soul!! of Harvard Guieb; and ' WHEREAS, Denver hu used deliveries from City ditch to supply water to parts and contract users north of Harvard Guieb; and WHEREAS, Denver desires to retain certain rights to take that water previously delivered to Denver at Harvard Gulch to existing and new locations south of Huvard Guieb; and .WHEREAS, because of these new arrangements, the panics have agRCd to cbanae the compensation arrangements set forth in the l 99S Agreement I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD i COLORADO, THAT: Section I . City Council for the City of Englewood, Colorado, ~by approves the attached Agreement (Exhibit A) between the City and County of Denver, acting by and through its Board of Water Commissioners, and the City of Engl~wood, Colorado, for the delivery of raw water . Section 2. The Mayor and City Clerk are authorized to sian and attest said Apeement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 17th day of November 2003 . ' .. • • Published as a Bill for an Ordinance on the 21 11 day of November 2003. Read by title and passed on final reading on the 1st day of December, 2003. Published by title as Ordinance N1 . ___, Series of 2003, on the S111 day of December, 2003. ATIEST: Douglas Garrett, Mayor Loucrisbia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No.___, Series of 2003. Loucrishia A. Ellis Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colondo, hereby catify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and paSIOd on first reading on the 17th day of November 2003 . Loucrishia A. Ellis • t • • --·. EXHIBIT A 2003 CITY DITCH/HIGH LINE CANAL AGREEMENT THIS AGREEMEl'fT is made and entered into as of the day of ______ , 2003, by and between the City and County of Denver, acting by and through its Board of Water Commissioners, a municipal corporation of the State of Colorado ("Denver"), and the City of Englewood, a municipal corporation of the State of Colorado ("Englewood''). RECITALS By a document dated October 3, 1995, entitled CITY DITCH/HIGH LINE CANAL AGREEMENT, (the 1995 Agreement) Denver and Englewood agreed, among other things, upon delivery of water through City Ditch and the High Line Canal. Denver and Englewood now desire to amend the 1995 Agreement in its entirety, to read as follows: A. Englewood and Denver wish to arrange for delivery of water to each of them from a ditch owned by the other. Englewood desires deliveries from the High Line Canal, and Denver desires deliveries from the City Ditch to its contract users, and desires to have a remaining right to obtain certain deliveries from City Ditch for its own use. B. The High Linc Canal ("High Line") is owned and operated by Denver. A turnout from the High Line is used by Englewood to supply water to McLellan Reservoir. C . Englewood owns and operates the City Ditch from Chatfield Reservoir north to Harvard Gulch blow-off. Denver owns the City Ditch from Harvard Gulch north to its terminus. Englewood uses City Ditch to convey water for Englewood's qse to McLellan Reservoir and Allen Filter Plant, for storm drainage, and to supply various contract users who divert from City Ditch south of Harvard Gulch. In the past, Denver bas used deliveries from City Ditch to supply water to parks and contract users below Harvard Guieb (i.e., north of Harvard Gulch). Denver no longer desires to use that ponion of City Ditch which lies south (upstream) from Harvard Gulch to convey water to locations on City Ditch which arc north (downstream) of Harvard Gulch. However, Denver desires to retain cenain rights to take that water which was previously deli vered to Denver at Harvard Gulch to existing and new locations south of Harvard Gulch. D. Because Englewood will no longer be delivering water to Denver for use north of Harvard Gulch, the parties have agreed to change the compensation arrangements set forth in the 1995 Agreement . If Denver chooses to take the water which was previously delivered to it at Harvard Gulch, then Denver will pay for that water on the same basis as a contract user from City Ditch , as more panicularly set forth below . E . The previous flows of water delivered to Denver at Harvard Gulch have provided ·---. flu shing of intermittent storm drainage intercepted by the City Ditch, and have provided aesthetic • benefits to the citizens of Englewood . In order to assist Englewood in maintainin& the use of City Ditch for the flushing of interm ittent storm drainage , and to maintain its aesthetic benefits, ,, t • • Denver has agreed to make certain payments to Englewood towards the construction of a pump- back system in a portion of City Ditch. F. In addition, the parties have agreed to certain other changes to the 1995 Agreement, all as more particularly set forth below. Therefore, the parties have agreed as follows: I. HIGH LINE CANAL I. I Deliveries to Englewood. Whenever Denver is running water in the High Linc at least as far as the turnout to McLcllan Reservoir, Denver shall divert at the High Linc diversion dam not less than 5 cubic feet per second (cfs) and up to 60 cfs of Englewood's water. Englewood shall determine the amount of its water to be diverted, up to a maximum of 60 cfs. Denver shall continue to operate the High Linc for deliveries to contract users north of McLellan Reservoir under the 1879 High Line priority. 1.2 Notice. To the extent practical, Denver shall attempt to provide Englewood with advance notice of the time when Denver will begin running water through the High Linc. When Denver notifies Englewood that water is running in the High Linc, Englewood shall give Denver 48 hours advance notice of the amount of its water to be diverted, including rate and duration of flow. Denver shall make all reasonable and practical efforts to comply with Englewood's directions concerning commencement time, rate and duration of flow. Denver bas the right to terminate diversions of Englewood's water, so long as all diversions of water into the High Line arc terminated at the same time. 1.3 Measurement and Ditch Loss. Englewood shall bear a ditch loss of 16 percent (16%) of its water, diverted at the High Line diversion dam, as measured at the gage adjacent to Plane Canyon Reservoir, for delivery to McLcllan Reservoir whenever water is being delivered down ditch of the McLcllan Reservoir turnout The deliveries of Englewood's water will be measured at the gage on Dad Clark Guieb between the High Line and McLcllan Reservoir. For example, if 60 cfs is diverted for Englewood at the diversion dam, 50.4 cfs shall be delivered through the Dad Clark gage. If water is not being delivered down ditch of the McLcllan · Reservoir turnout, Englewood shall bear actual ditch losses sustained by the High Linc from the diversion darn to the McLcllan Reservoir turnout. In the event that any improvements are made to the High Line which decrease its seepage losses, the amount of ditch loss wfilcb Englewood must bear shall be appropriately reduced. 1.4 Waiver by Denver of Djtch Losses. Notwithstanding Paragraph 1.3, Denver sball, to the extent legally permissible, waive the 16% carriage loss when Denver is carrying Englewood's water in the High Linc along with water diverted by the High Line I 879 priority; provided that, Denver is not prohibited. for reasons beyond its control, from consttucting the improvements proposed in Paragraph 2.1.2. Englewood shall continue to bear the I 6% carriage loss whenever Denver is not diverting under the I 879 High Linc priority (i.t., the ~tero Contract Run), or the actual loss whenever no water is being delivered down ditch of the 2 t ... .. • • McLcllan Reservoir turnout Whenever the 16% carriage loss is waived. Denver's maximum diversion and delivery rate for Englewood shall he reduced from 60 cfs to 50 cfs. 1.5 Water Quality. Denver makes no warranty as to the quality of the water delivered to Englewood, and Englewood will accept same "as is." 1.6 Maintenance Responsibility. Denver shall operate and maintain the High Line for delivery of Englewood's water to McLellan Reservoir. Englewood shall pay a proportionate share of operation and maintenance costs as described in Paragraph 1.7. Englewood shall maintain the present measuring flume at the McLellan Reservoir turnout, at Englewood's sole expense. 1.6.1 Shut-off of Deliveries. Denver shall perform any maintenance work requiring either a complete or partial shut-off of deliveries in the High Linc with the utmost expediency to minimize water losses. Except in emergency situations, Denver shall notify Englewood of all complete or partial shutoff at least 48 hours in advance whenever water is being delivered to McLellan Reservoir. 1.6.2 Annual Inspection. Upon mutual agreement, representatives of Englewood and Denver may perfonn annual joint inspections of the High Line to determine maintenance work required to continue to deliver the rates of flow set forth above. The inspection of the High Linc will be limited to the reach between the South Platte River diversion dam and the McLellan Reservoir turnout. The annual inspection shall be made so that all required maintenance work will be completed, to the extent practical, prior to April 1. 1.7 Englewood's Share of Hjgh Linc Expenses. Englewood shall pay a proportional share of the Board's annual High Line administration, operation and maintenance expenses (including depreciation) on that portion of the canal from and including the High Line diversion dam to McLellan Reservoir (a distance of 16 miles, more or less). Denver will not charge Englewood for High Line capital costs, defined as the construction of new physical structures or improvements to existing structures that will have a useful life of five years or more (except for depreciation which shall be included in operation and maintenance expenses and calculated under generally accepted accounting procedures consistently applied). Englewood's proportional share of those costs shall be based on the ratio of the .volume of water divened for Englewood at the High Line diversion darn to the total amount of water diverted by the High Line from the South Platte River. - 1. 7 .1 Calculation. The computation of Englewood's share of costs shall be in accordance with the following formula: CE"" (16/63.6) x CH X (QEIQH). Where: . 16 .. Length of the High Line in miles from the High Line diversion dam to the turnout for McLellan Reservoir on Dad Clark Gulch. 3 • t • • •• • • 63 .6 Length of High Line in miles from High Line diversion darn to its terminus at the Rocky Mountain Arsenal turnout. This distance may change in the future depending on Denver's operations. QH Total annual High Line diversion, in acre-feet as measured at the gage adjacent to Platte Canyon Reservoir. QE Total annual amount of Englewood water diverted or delivered into the High Linc, in acre-feet, as measured at the gage adjacent to Platte Canyon Reservoir. CH = Denver's total annual costs for administration, operation and maintenance of the High Line (based upon actual miles operated by Denver). CE Englewood's proportional share of annual High Line costs. II. CITY DITCH 2.1 Deliveries to Denver. 2.1.1 Previous Delivery to Denver at Harvard Gulch Shall Not Be Made. Under the 1995 Agreement, during the period of April 1 through October 31, inclusive, Englewood was required to deliver to Denver through the City Ditch at Denver's request up to 13 cfs of water at Harvard Gulch (measured at the Washington Park flume). Those deliveries shall no longer be made. 2.1.2 Option to Take Fonner Dcliverjcs at New Locations. Denver may require Englewood to deliver, through the City Ditch, any portion of the 13 cfs formerly deliverable at Harvard Gulch to any existing or future contract user's delivery structure or strUcturcs south of Harvard Gulch for irrigation of parks, open space, and golf courses of Denver or its customers. Such deliveries shall be in addition to the deliveries which Englewood is already required to make to existing contract users south of Harvard Gulch. Such deliveries shall be made only during the period April 1 through October 31. If Denver wishes to utilize new delivery structures south of Harvard Gulch, Denver shall pay to Englewood the full cost of the construction of the new delivery structures, whereupon delivery shall be made at the new delivery structures. The cost of construction shall include any temporary improvements to the City Ditch which are necessary to maintain the existing capacity of25 cfs to the Allen Treatment plant while construction of the improvements necessary for the delivery of all or part of Denver's 13 cfs to new locations is taking place. If a new delivery structure is to be built south of highway C-470, it must be designed so that it would not conflict with an enlargement of the flume over Marcy Gulch or an enlargement of the passageway under Highway C-470, and must be built downstream from the stilling basin. Englewood shall perform the construction during periods when no interruption of flow will be necessary. - Denver's option to require the delivery of 13 cfs shall be exercised by written notice to Englewood, specifying th delivery locations . Delive;es from existing delivery 4 ' .. .. • • -·• structures which do not require modification of City Ditch shall commence within twenty days after delivery of notice, or at the commencement of the delivery season, whichever is later. Deliveries which require modifications to City Ditch or the delivery structures shall be made as soon as the modifications can be reasonably completed, or at the commencement of the delivery season; whichever is later. 2.1.3 Interruption of Deliveries. In "emergency situations," Englewood may temporarily reduce or eliminate the deliveries of 13 cfs to Denver pursuant to Paragraph 2.1.2, so as to increase the flow in City Ditch available for diversion into Englewood's Allen Filter plant. An "emergency situation" is defined as a casualty, such as an accident, mechanical breakdown, burst pipe, flood, presence of a harmful pollutant which is a threat to the health and safety of Englewood's residents, earthquake, fire or windstorm, which causes Englewood to be unable to make full use of its points of diversion from the South Platte River or Bear Creek., other than City Ditch. In the event of an interruption due to an emergency situation, Englewood shall take all reasonable and practical actions to enable it promptly to resume full deliveries to Denver. 2.1.4 Interruption for Maintenance. If Denver or other City Ditch contract users are taking water under this agreement, then Englewood shall perform any maintenance work requiring either a complete or partial shut-off of deliveries in City Ditch with the utmost expediency to minimize water losses. Englewood shall, except in emergency situations, notify Denver of all complete or partial shutoff at least 48 hours in advance. 2.1.5 Water Quality. Englewood makes no warranty as to the quality of the water delivered to Denver under this agreement, and Denver will accept same "as is." 2.2 Englewood's Operational Responsibility. Englewood shall continue to operate and maintain City Ditch from the Chatfield Reservoir outlet works to the Harvard Gulch blow-off; provided, however, that Englewood may terminate such operation and maintenance as set forth below. Englewood shall provide water to meet Denver's delivery obligatioi'is to the ' present and future contract users on City Ditch south of Harvard Gulch, but such deliveries shall not be in excess of the contract rights to water which may be diverted under Denver's City Ditch priorities. 2.2 .1 Carriage Losses. Englewood shall maintain and operate City Ditch in such a manner that carriage losses for delivery of water to existing contract users and Englewood does not exceed one cfs. If Denver chooses to take delivery of its 13cfs south of Harvard Gulch, as provided in Paragraph 2.1.2, then the allowable carriage losses shall be reasonably increased. Carriage losses shall be provided from water diverted on Denver's City Ditch priorities. If improvements are made to City Ditch which materially reduce carriage losses, then Englewood shall not divert the amount of the reduction from Denver's City Ditch priorities. 2.2.2 Englewood's Right to Close City Ditch. At Englewood's election, Englewood may close City Ditch at any point north of the point of diversion of the northernmost then-existing contract user, or the point of diversion then being used by Denver pursuapt to • Paragraph 2.1.2, whichever is the more northerly. Provided, however, that Englewood shall give wrinen notice to Denver at least 90 days prior to any such closure. During that 90 day period, 5 t .. • • Denver may give notice that it wishes to commence diversions under Paragraph 2.1.2 at a particular location within the area to be closed, in which event City Ditch shall not be closed southerly of the point where Denver wishes to make diversions, so long as Denver continues regularly to make those diversions . Furthermore, during the 90 day period Denver may advise Englewood that it wishes to resume deliveries to Harvard Gulch, in which event the parties may, by mutual agreement, recommence those deliveries. Englewood shall have no obligation to recommence such deliveries. Englewood may require payments for such deliveries to be calculated in the same manner as Denver's payments for deliveries from City Ditch were calculated under the 1995 Agreement. 2.2 .3 Littleton Cemetery. Englewood accepts full responsibility for performance of Denver's obligations under that cenain agreement between Denver and the Littleton Cemetery Association dated May 13, 1933, attached hereto and marked "Exhibit B", so as to relieve Denver of any liability with respect thereto. Denver has assigned all its rights and obligations under that agreement to Englewood. 2.2.4 Maintenance of Harvard Guieb Blowoff. Englewood shall maintain and operate the Harvard Gulch blowoff at Englewood's expense, and may alter the blowoff structure for the installation of measuring devices. Denver will provide access through its streets and parks to facilitate such maintenance and the installation of measuring devices. Englewood will repair and restore any streets or parks damaged thereby to Denver's reasonable specifications. 2.3 Denver's Operational Rcsponsjbjlity. Denver shall continue to operate and maintain City Ditch north of the Harvard Gulch blowoff only to the extent Denver determines, at Denver's sole expense. (Denver shall have no obligation to Englewood to operate or maintain City Ditch north of the Harvard Gulch blowoff). Denver shall be solely responsible for supplying all contract users who have rights to divert from City Ditch north ofHafvard Gulch. If such contract users are to be supplied from City Ditch, then such contract users shall be supplied by water introduced into City Ditch north of Harvard Gulch, which shall not be carried through any part of City Ditch south of Harvard Gulch, prior to its introduction into City Ditch. Englewood shall have no responsibility for operation or maintenance of City Ditch north of the Harvard Gulch blowoff. 2.4 Fees Charged to Contract Users and to Denver. Englewood will be responsible for charging fees to existing and future contract users, including users who take delivery of water pursuant to paragraph 2.1.2., who divert south of Harvard Gulch. Englewood's responsibility shall include establishing fees, billing, and receiving and retaining payments. Englewood will maintain normal business facilities and records for such collections, and annually advise Denver of payment or non-payment. In the event that Denver or its future contract users choose to take water under Paragraph 2.1.2, then Denver or its designated user of water from the City Ditch by COI'tract will be charged a fee calculated on the same basis as an existing contract user entitled to water. Invoices shall be payable in full 30 days from date of invoice. If delivery is made to Denver, then Englewood 6 ' ... . •' 1 • • -= -' [J shall have the right to enforce payment. together with statutory interest and attorneys fees incurred on account of delinquent payments; but failure to pay by Denver shall not result in any sort ofreversion of Denver's City Ditch rights. Denver will set fees, bill, receive and retain payment from contract users who divert from City Ditch north of Harvard Gulch. 2.5 Right of Reversion or Acquisition. Denver retains the right of reversion as to any contractual right for which an annual service charge is not paid by May 21 of any year. Denver also retains the right to acquire any contractual right in the City Ditch. Except as to those contracts that take water north of Harvard Gulch. any such reversion or acquisition shall increase the amount of water which Englewood may be obligated to deliver to Denver pursuant to Paragraph 2.1.2; provided that. Denver pays for delivery of such water as provided in Paragraph 2.4; and provided further, Denver is responsible for any improvements to the City Ditch required to convey such water north of the turnout of the contract users which Denver acquires by purchase or reversion. If Denver acquires contract inches which now divert south of Allen Filter Plant for delivery north of the filter plant. then Denver will make such improvements, if necessary, to prevent the diminution of the existing capacity (2Scfs) to the Allen Filter Plant. 2 .6 Denver's Share of Citv Ditch Expenses. After 2001, Denver shall no longer pay a share of the expenses of operating and maintaining City Ditch south of Harvard Gulch. except pursuant to Paragraph 2.4. 2.7 Water Rights. Englewood will divert on Denver's City Ditch priorities in order to obtain the amount of water necessary for the deliveries to Denver and to the contract users other than Englewood. Englewood will divert on its own contract rights for 3.21 cfs. Denver shall not contest Englewood's claim of ownership by contract or otherwise to divert up to 3.21 cfs under the senior priority of 30 cfs decreed to City.Ditch with an appropriation and priority date of November 28, 1860, as evidenced by decree of the District Court of Douglas County, adjudicating water rights in former Water District 8, entered on December 10, 1883. Englewood has the reversionary right as the co-carrier only to its City Ditch contracts up to 3.21 cfs. Denver does not warrant title to or the legal or physical availability of the 3.21 cfs claimed by Englewood. 2 .8 Use of Impaired Capacity. To whatever extent the carrying capacity of the ditch is impaired for reasons beyond the control of Englewood, then the delivery capacity-below the obstruction shall be allocated first to carriage of Englewood's 3 .21 cfs. Englewood shall take all reasonable and practical actions to enable it promptly to resume full deliveries. 2.9 Use of City Ditch Excess Capacity. If Englewood determines the City Ditch has excess capacity, then Englewood will deliver Denver's remaining City Ditch entitlement beyond the 13 cfs pursuant to paragraph 2.1.2; provided that. such deliveries do not interfere with Englewood's prior obligations or interfere with its (or its lessee's) presen t or future use of the City Ditch. 2.1 O Stonn Drajnage jnto City Ditch. Water in excess of the needs of the users from the City Ditch ("excess water'') will be dumped as follows: All excess water introduced or 7 t A > • • • (J collected in City Ditch south of the turnout into Little Dry Creek will be dumped into Little Dry Creek. Excess water introduced or collected in City Ditch north of the turnout into Little Dry Creek will be dumped at the Harvard Gulch blow-off into the storm drainage system. m. MISCELLANEOUS PROVISIONS 3.1 Calculation of the Amount of Expenses Incurred with Respect to High Line. Denver's expenses hereunder shall consist of direct labor, materials, equipment, vehicles, and overhead (administration, tools, benefits and leaves) necessary to perform the activities under this Agreement. Denver shall keep reasonable and consistent records of its hours of direct labor and supervision, material costs, fringe benefits and other payroll levies and equipment usage upon which its costs arc based and the methodology used to calculate such charges. Such records shall be kept for at least three calendar years beyond the calendar year during which they were incurred, and shall be available for inspection by Englewood during all reasonable business hours. Denver's documents which show the method of calculation of costs shall be similarly available for inspection. 3 .2 Denver's Citv Ditch Water Rights. Nothing herein shall be construed to affect Denver's ownership of its City Ditch Water Rights (except as provided in Paragraph 2. 7). 3.3 Recirculation Svstem. Denver will reimburse Englewood up to $257,000, which is the entire estimated cost for designing and constructing a recirculation system for the open section of City Ditch between 350 East Cornell and 2750 South Clarkson. Reimbursement for construction will be made upon completion of the system and submission of Englewood's standard In-house Work Cost Sheet The labor rates shown on the Work Cost Sheet will be increased by 32 percent to reflect employee benefits. A sum equal to 15 percent of total costs (except for design and construction management) will be added for design and consttuction management. Denver shall have the right to review all of Englewood's documentation concerning design, construction and cost of the project. Englewood is solely responsible for operation, maintenance and costs of the Recirculation System. 3.4 Previous Agreements. This Agreement supersedes the Agreement of February 6, 1970, and any amendments thereto, as well as the 1995 Agreement. 3 .5 Colorado Law. This Agreement shall be construed under Colorado law . 3 .6 Integration. This Agreement constitutes the entire agreement between the parties. It supersedes any prior agreements or understandings between the parties. 3 .7 the successor . Successor,. The rights of each party to receive deliveries shall be binding upon 3.8 Pavment. Charges to Englewood with respect to the High line Canal for administration, operation and maintenance expenses incurred during each calendar year sbalJ be billed on or before March 1, of the succeeding year and payment shall be due within thirty (30) days of receipt of billing. 8 t .. • • 3.9 Charter Proyisjons. This Agreement is made under and conformable to provisions of Article X of the Charter of the City and County of Denver and the provisions of the Charter of the City of Englewood. Insofar as applicable, said Charter provisions arc incorporated herein and made a part hereof by this reference, and shall supcrscdc any apparcndy conflicting provisions otherwise contained in this Agreement 3. Io Tenn of Agreement This Agreement shall be perpetual. 3.11 Effective Date. This Agreement shall be effective as of ______ _, 2003. ATTEST: Secretary APPROVED: Planning Division APPROVED: Legal Division ATTEST : City Clerk CITY AND COUNTY OF DENVER acting by and tbroup its BOARD OF WATER COMMISSIONERS By.. ______________ _ President REGISTERED AND COUNTERSIGNED DcnnisJ.Gallagber,Auditor CITY OF ENGLEWOOD, COLOR.ADO By. ______________ _ Mayor 9 ORDDIANC! NO. __ SERIES OF 2003 BY AUTHORIT'( COUNCIL BILL NO. 80 INTRODUCED BY COUNCIL MEMBER BRADSHAW AH,~!.Nef! APPROVING A LICENSE AGREEMENT AND GRANTING A TEMPORARY CONSTRUCTION EASEMENT FOR 2890 S. CLARKSON STREET IN ENGLEWOOD, COLORADO. WHEREAS, Mr. and Mrs. Bray submitted a License Agreement and Temporary Construction Easement to encroach into the Englewood's City Ditch casement for a remodeling addition for their residence at 2890 S. Clarkson St.; and WHEREAS, this encroachment will even out the boundaries of an encroachment for a previous remodeling project; and WHEREAS, Englewood will maintain the easement and the right to install, repair, remove or relocate the City Ditch at any time deemed necessary; and WHEREAS, the License Agreement and Temporary Consttuction Eaaemeot will allow the Brays to constr\lct an addition to their residence at 2890 S. Clarkson St encroaching in an area where the City ditch easement runs diagonally across the property . WHEREAS, the Licensees expressly assume full and strict liability for any and all damages of every nature to person or property caused by the point or points where Licensees perfonn any work in connection with the encroachment provided; and WHEREAS, the City reserves the right to make full use of the property necessary in the operation of the City Ditch, including the conveyance of stonnwater runoff'. NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: Section I, the License Agrccmcnt and Grant of Temporary Construction Easement for 2890 S. Clarkson St . arc hereby approved. Copies of said License Agreement and Temporary Construction Easement arc attached hereto u Exhibit A and Exhibit 8 . Section 2. The Mayor and City Clerk arc authoriz.ed to sign and attest said Easements for and on behalf of the City of Englewood, Colorado . Introduced , read in full, and passed on fust reading on the 11• day of November, 2003 . Publi shed as a Bill for an Ordinance on the 21 • day of November,. 2003 . Read by title and passed on final reading on the 1st day of December, 2003 . ' • • Published by title as Ordinance No.__, Series of 2003, on the s• day of December, 2003. ATTEST: Douglas Garrett, Mayor Loucrisbia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colondo, hereby certify that the above and foregoina is a true copy of the Ordinance puaed on final readina and publisbcd by title as Ordinance No.___, Series of 2003. Loucritbia A. E1lil • 0. CITY DITCH LICENSE AGREEMENT TIUS LICENSE AGREEMENT , made :ind entered into as of this ___ day of October, 2003, by the between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado , herein referred to as "C iry", and LEIGH BRAY and DIANA BRAY , herein referred to as "Licensees"; WHEREAS, licensees have purchased a parcel of property shown on Exhibit A, which parcel has a structure which currently encroaches upon the spans the Right-of-Way for the City Ditch in this area; and WHEREAS, such original structure was constructed without permission or license from the City for the then owner of the City Ditch; and WHEREAS, the property owner has requested that the City allow the property owner to reconstruct and repair the srructure along with reinforcement of foundations for the structure as well as supporting elementS for the City Ditch itself; and WITNESSETH : The City. without Jny warranty of its title llr interest whatSOever. hereby authorizes Licensees to use a parcel of land known J:1 the City Ditch Righh>t~Way described :ind shown on the anached .. Exhibit B". This license permitS the Licensees to use the property for access for the e:'tisting house at :890 Slluth Clarkson, Englewood, Colorado . l. Licensees shall make no permanent the srrucrures on the licensed premises other than the repairs on the existing structure shown in ·'Exhibit A". Licensees agree to take due care to prevent damage to the Ditch and associated vegeution and installations and to repair at their sole expense. any damase to the City property within thirty (30) days of notification of said damage from the City. 2. Licensee understands and agrees that llne llf the purposes of the City Ditch is to convey storm water tfows :ind surf.ice drainag~ :md that these cre:ite a substantial risk of damage to any structures or ret:iining walls located within the Ript of Way . Licensee further agrees that it shall in now way impede the City's uses of the Ciry Ditch including irrig:ition and storm drainage . 3. In granting the above authoriz:ition. the City reserves the right to make full use of the property invol ved as may be nec essary or convenient in the operanon of the City Ditch . 4. The City shall have the right to maintain. install . repair. remove or relocate any of its fac ilities or installations with in the City's property at :iny time and in such manner as the Ciry deems necessary or .:on venient. The Ciry reserves the exclusive right to control all easements and installations . 5. The rights .md pri vite11es !!f:lllted in this license shall be subject 10 prior agreementS . licenses :indfo r gr:intS . recorded or unrecorded. and it sb:ill be the licensee's sole responsibility to determine the existence of said documents or conflic tin g uses or installauons . ! t A .... .. t • • -· 6. No construction shall be allowed on this parcel without express written permission from the City . Any damage to City property shall be promptly reported. 7. Upon abandonment of any right or privilege herein granted, the right of Licensees to that extent shall tenninate, but its obligation to indemnify and save barmless the City, its officers and employees, shall not terminate in any event. 8. 9 . The rights and duties granted Licensees hereunder shall run with the land and shall inure to their heirs and assigns. All trenches and excavations within City property shall be backfilled in the following manner: the trench or excavation shall be backfilled to the original ground line using only suitable soft earth material. The baclr. fill material shall be deposited in layers not to exceed eight t 8) inches loose measure for the full width of the trench . Layers shall be brought up uniformly compacted with mechanical tampers capable of exerting a blow at least equivalent to 1SO pounds per square foot, to 90% of Standard Proctor. The moisture content of the material shall be adjusted as required to secure the above density . The amount of water used shall be sufficient to obtain the ma'Cimum density specified. When moisture is in excess of that necessary for proper compaction. the Licensee shall be required to grade, mix or otherwise process wet material to proper moisture content or haul in suitable material. Tamping equipment shall be subject to the approval of the City . 10. Licensee will use all reasonable means to prevent any loss or damage to the City or to others resulting from thr. construction. modification. replacement. repair, operation and maintenance of Licensee's installation. Any -epair or replacement of any of the City's installations on its property made necessary, in the opinion of the City, because of the construction. modification. operation. maintenance. repair or replacement of Licensee's installation , shall be made only by the City and at the sole expense of Licensee . 11. Licensee shall indemnify and save harmless the City. its officers. employees and agents. against any and all claims, damal!es. including damages caused by storm water t1ows and surface drainage. actions or causes of action and expense to which it or they may be subjected by reason ofLicensee·s installation being located within and :u:ross the property oi the City or by reason of any worlr. done or omission made by Licensee. its agents or employees. in coMection with the ct1nscrucnon. operation. modification. replacement, maintenance. repair or removal of Licensee's installation . If the construction of all or any part of Licensee's installation is to be performed by an independent contractor under contract with the Licensee. the Licensee shall so notify the City and shall incorporate the stipulations and conditions of this License into the contract specifications. and if required by the City . cause said independent contraetor to obtain. prior to .:ommencement of the work. an insurance policy or policies in amounts and with companies satisfactory to the City which will protect the Ciry from .my loss or damage resulting from the worlr. performed by the contractor. ' .. • • 12 . All work authorized by this License sball be petfouned by the Licensee at no expense to the City and, except as olherwise set fonh bemn, Lic:emee sbaU own and maintain its installation thereafter. IN WITNESS WHEREOF , this insttument bas been executed as of the day and year fint above written. CITY OF ENGLEWOOD, COLORADO By ____________ _ Douglas Garrett, Mayor AT:'l'EST: LICENSEES : Loucrishia A. Ellis, City Clerk ST A TE OF COLORADO ) ) ss . COUNTY OF ARAPAHOE ) '"' The foregoing instrument was acknowledaed before me this -:1..__ day of /Jl"...,.,..J,.,.r , 2003. by Wl~ESS my hand and seal. ... My Commission c::cpires : 7,![7je; 7 NowyPublic STATE OF COLORADO ) ) SI. COUNTY OF ARAPAHOE ) rel .I/ The forqoiq ins1rument was acknowledged before me this _L day of ,/~ia,,,w. 2003, by WITNESS my band and seal . ~~ tfZ& .. ~,- Noairy Public My Commission expires : U yo '1 '~....... . ..... -.... _ t'J(l}~~!.!!-~--~~-11!!1,;MN~-fflASIMIILI -----------ili ~•9!.!!Pf\JM!PMl'W!AI, ~ ........ . • ' \, ------~ ... ,, ···::ll!'1tt'!!I~--~!"':-=== .,.,__ ,:....-:.., ___ _ #¥. llllfiil&ZIW ;--··------• :WZSLIRB!!™-- ~ .._...rm.,..,- •n££1B. tt--·-·-. ::.=-=---- .. -- ' I >-I a, ......._ --- ......._ -·~-.. --. -......._ A, .___ • - . . ·• • • • 1 ... .. . . ,· I . . ., . • .. ,,.. 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I,; I .. ~ ~ a ., ' l f . l C I ' " ~ AlfA-,trUl 0,c.w'!.r ~ rH E O=NV~lt MUNIC IR4L WA~R WOl'K-1 0. 0 .rMJ:D. CHI'-'' CNGtNl~A IVG/"lr~ MIAYFOR c1rYIJITCH ,6R(JM ~ .J SUNOeRJ./)I Oii~I M, .61' 1!__9._IOt. . ." ·:' . .'·::,,':.',•I ~1.'r '(-@;,-:./i; ,._ -· QRANJ' Of ll;MPOBABX coNSTRurnoN WEMENI nus EASEMENT AGREEMENT is made dlil __ day of 2003, between tbe CITY OF ENGLEWOOD. (bereimfter refened 10 u "Ille Cityj and Leip Bmy and Diaa Bray the owners of 2890 Soulh Clarkson. EnaJewood. Colorado. WHEREAS. the Licensees own certain property adjacent ro Ille City Oi1eb; and WHEREAS. Lic:ensees desire ro make certain improvements in tbe area relalin1 ro their property and the City agrees to pve Licensees ;i. Consuuction Easement for said improvemenrs. WITNESS, die City. widlout any warranty of irs tide or intcrest whatsoever, hereby l!'llDIS die owners the use of the property, hereinltler desaibed. the City now owns for the followin1 improvements: Lcpl description: Loi ___ Block , ----------subdhision also known ;i.s: 2890 Soulb Oarltson. Englewocd. Colorado. Construction Improvements: See Exhibit A. NOW THEREFORE. it is agreed between the City and Owners that the Owners sh:ill be v,mted a consttuction easement to mllke the improvements described in E.\hibil A. This Agreement shall ierminate upon completion of said improvements and approv:il by the City of Englewood. IN Wrr.-JESS WHEREOF. the parties heret0 have set their hands and se:i.ls of the dllfe first above wriaen. STA TE OF CO LORADO CITY OF E."liGLEWOOD. COLORADO By : ___ ~..J..· ~--:...;:;::::....._ Stu Fonda. Oirect0r of Utiliti.es OWNERS : By:~L;,(~I'----· 7 IAip!Bra ) } ss . COUNTY OF ARAPAHOE ) c/ The foregoing instrument was acknowledaed before me this '3 f day of .,"'1':...,.e.,k, 2003, by WITNESS my band and se:il. My Comnussion expires : .3 /I~ 7 I H t B t ST A TE OF COLORADO ) ) SI. COUNTY OF ARAPAHOE ) J The forqoin1 instrument was acknowledged before me this f day of ,& "'""bt!. 2003. by WITNESS my hand and seal. My Commis sion expires : ·-;ft~ l •. -2- • ,. ~ . t • ••• ··-· < • .. , •• 'If •• .,,, " \, ,• ··:-::---~---te:w: _.__ ,.__ ~----~.....;; . ',: / .. , .... -· ··--- ~nM!MDPP!rw .... _.... ·"MIii .__ # ,-- .__ ,-- ....... , ., .. --· .__ -• ···--A .___ ·• • • . • .. . . . -•. I , .. .,. -~· ·. . .. '. ... . . . . . . n /")'\ -,nl ~J!V/lllON '8) .... ,, •. ,,. @BAST l!LIYATION ,--.,( I <J • 'J ·. ' \, "· . ~ ... :::::·----·-·-··--·· :·· ~--=·-.I.-==::=:r..~ .. J ·-----"·· t=..::::._ i :::~~·-·-··---····-: .. ---·----··-.. • :.:::~rJ=.~•••-• ,ffi .~ A ' • -=· • . . . . . ; (J • · ........... • .,·' ., . . .. . -,, . •. · i,; • . .. • • ,,. ·~ ...... )> •• . • • ,I . . ,. ~ .-~:- .... ~· . 4.. • .' •' .. . •• : • ' : . .. ....... ,· .... .. . .. \, .. .. : ' ~ .. · .. · .. 't\ . . .. t r-------.._..__._. __________ ..., ____ ,_, _________ . ., .... _______________ ..;.._..;;. ____ ..:,. __ ..;.. ____ ;,., t __ / (J -·--·-·-·, -~-:: .... 181111ft------- :w. II=~-::.-:::: .l, .1/ ~-\ . ··. '· ...... , .. , .... . ~----~ . ----.. ,.._ ,-,,-... ... ,.._ -·. J I~ .. -~ .......... ,. __ ., I ,....." ... ,,.., ........ ·-" .,, .-..... ,,o .-.. ~ _ICISC'I' ___ _ • _Cl'IIIS ___ _ -------- , .__ ~ .__ .---. -.. ---.__ -A ...• -.__ • ········~·--:-·~ ..... :~·."·· .... :·:·····:··-.··········: .. I: ., l s g "1L I!"• DOC , ""C9u11t£D /Ure , /I; Hl1,1 I ij k " l! i ! II l i t • t t1 a -A-HOI Cbc.wr,-• ... rl11! DEl'IVe~ MUNICIIML WA~A MJIO °'"·--~,,,,,._,. .. • • • BYAUTIIORITY COUNCll. BD.L NO. 81 INTRODUCED BY COUNCll. MEMBER BRADSHAW OVING THE INTERGOVERNMENTAL AGREEMENT BY AND B URBAN DRAINAGE AND FLOOD CONTROL DISTRICT, THE CITY OF ENGLEWOOD, COLORADO, AND CENTENNIAL WATER AND SANITATION DISTRICT FOR DESIGN AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR MARCY GULCH AT ENGLEWOOD'S CITY DITCH. WHEREAS, a Muter Plan of Drainqe for Marcy Guieb WM oripaally prepared in 1985 for the Marcy Gulch drainage basin in Higblands R.ancb; and WHEREAS, Urban Drainap, Centeauial Weta and Sanitation Diltric:t and die City of Englewood now wish to proceed with desip and c:onstructioa of the clninqc and flood control improvements for the area; and WHEREAS, eroeion bu expoecd the pipe and the c:omina spriDa nmoff rum could caim Englewood's existina sipboo ltnlClure ID fail wbic:b would pnvcat water 6am beina clelivered to either Highlands Ranch or tho Allen Filter 1'11111; and WHEREAS, Enpwood OWDI lbe apillway necaary ID pnm:t tho pipe lhlm Man:y Gulch waters; and WHEREAS, Urban Draimae Nld Flood Control ii pn,poema ID ccmlrUct a new lpillway and replace the exi1tina City Ditch pipe with 48" reinfon:ed coacrete pipe wbicb will allow die City Ditch to carry up ID 59 CFS of raw water. NOW, lllEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 11IE CITY OF ENGLEWOOD, COLORADO, THAT: Sectiop I , The EnaJewood City Council hereby approves the A....-by and between the Urban Drainage and Flood Control Disuic:t, the City ofEnpwood, Colorado, and C',cntennial Water and Sanitation District for desip and comtruc:tioll of drainaae 111d flood control improvements for Marcy Gulch at Englewood's City Ditch. Section 2, The Mayor and City Clcrlr. are hereby aulborized to lip and atlClt said Agreement for and on behalf of the City of £nalewood. Introduced. read in full, and puaecl OIi tint radina on the 1'76 day of November 2003 . Published u a Bill for an Ordinance OD the 21• day of November, 2003 . Read by title and passed OIi final readiq OIi the l at day of December, 2003 . Published by title as Ordinance No.____, Series of 2003, on the s• day of December, 2003. AITEST: Douglas Garrett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellil, City Clerk of the City of Englewood, Colorado, hereby catify that the above and foregoing is a true copy of the Ordinance passed on final reading and publilhed by title as Ordinance No.____, Series of 2003 . Loucriabia A Ellis • • AGREEMENT REGARDING DESIGN AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR MARCY GULCH AT ENGLEWOOD DITCH Agreement No. 03-10.09 TillS AGREEMENT, made this day of 2003, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT"), CITY OF ENGLEWOOD (hereinafter called "CITY") and CENTENNIAL WATER AND SANITATION DISTRICT (hereinafter called "WATER DISTRICT") collectively known u "PARTIES"; WITNESSETII: WHEREAS, DISTRICT, in a policy statement previously adopted, (Resolution No. 14, Series of 1970 and Resolution No. 11, Series of 1973) expressed an intent to assist public bodies which have heretofore enacted floodplain regulation measures; and WHEREAS, a drainage master plan entitled "Master Plan of Drainage, for Marcy Gulch" was prepared in 1985 for the Marcy Gulch drainage basin in Highlands Ranch (hereinafter called "PLAN"); and WHEREAS, PARTIES now desire to proceed with design and construction of drainage and flood control improvements for Marcy Gulch at the Englewood Ditch (hereinafter called "PROJECT"); and WHEREAS, DISTRICT hu adopted at a public hearing a Five-Year Capital Improvement Program (ReSQlution No. 80, Series of 2003) for drainage and flood control facilities in which PROJECT was included in the 2003 calendar year; and WHEREAS, DISTRICT hu heretofore adopted a Special Revenue FW1d Budget for calendar year 2003 subsequent to public hearing (Resolution No. 68, Series of2003) which includes funds for PROJECT ; and WHEREAS, DISTRICTs Board of Directors hu authorized DISTRICT financial participation for PROJECT (Resolution No. 73, Series of2003); and WHEREAS , the City Council of CITY, the Board of J)irectors of WATER DISTRICT and the Board of Directors of DISTRICT have authorized, gy appropriation or resolution, all of PROJECT costs of the respective PARTIES . NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows : I . SCOPE OF AGREEMENT This Agreement defines the responsibilities and financial convnitments of PARTIES with respect to PROJECT . 2. SCOPE OF PROJECT A. Ftnal Dcsjgn. PROJECT shall include the final dcsip of improvements in accordance with the rceomrncndations defined in PLAN . Specific:ally. the final desip of facilities shall be at • t .. : • • the Englewood Ditch to include a drop structure and enlargement of the siphon, as shown on Exhibit A. B. Construction. PROJECT shall include consttuction by DISTRICT of the drainage and flood control improvements as set forth in the tinaJ design. 3. PUBLIC NECESSITY PARTIES agree that the work pcrfonned pursuant to this Agreement is necessary for the health, safety, comfon, convenience, and welfare of all the people of the State, and is of particular benefit to the inhabitants of DISTRICT and the property therein. 4 . PROJECT COSTS AND ALLOCATION Of COSTS A. PARTIES agree that for the purposes of this Agreement PROJECT costs sba11 consist of and be limited to the following: 1. Final design services; 2. Construction of improvements; 3 . Contingencies mutually agreeable to PARTIES. B. It is understood that PROJECT costs as defined above are not to exceed $22,480 without amendment to this Agreement PROJECT costs for the various elements of the effort are estimated as follows: ITEM AMOUNT I. Final Design $22,480 2. Construction -0-• 3. Contingency -0- Grand Total $22,480 • It is intended that funds for construction of PROJECT shall be amended to this Agreement at a future date. This breakdown of costs is for estimatina purposes only. Costs may vary between the various elements of the effort without amendment to this Agreement provided the total expenditures do not exceed the maximum contribution by all PARTIES plus accrued interest. C. Based on total PROJECT costs, the maximum percent and dollar contn1>ution by each party shall be : Perccntaae Maximum Sim Cqntnl,ytigp DISTRICT 0-/e s -0- CITY S6% 12,550 WATER DISTRICT 44o/e 9,930 TOTAL 100% $22 ,480 • • --... 5. MANAGEMENT OF FINANCES 6 . As set forth in DISTRICT policy (Resolution No. 11, Series of 1973 and Resolution No. 49, Series of 1977), the cost sharing shall be after subtracting state, federal, or other sources of funding from third parties . However , monies CITY and WATER DISTRICT may receive from federal funds, the Federal Revenue Sharing Program, the Federal Co11Dnunity Development Program. or such similar discretionary programs as approved by DISTRJCI"s Board of Directors may be considered as and applied toward CITY's and WATER DISTRJCI"s share of improvement costs . Payment of each party's full share (CITY· $12,550; WATER DISTRICT. $9,930; DISTRICT-SO) shall be made to DISTRICT subsequent to execution of this Agreement and within 30 days of request for payment by DISTRICT. TI1e payments by PARTIES shall be held by DISTRICT in a special fund to pay for increments of PROJECT as authorized by PARTIES, and as defined herein. DISTRJCT shall provide a periodic accounting of PROJECT funds as well as a periodic notification to CITY and WATER DISTRICT of any Wlpaid obligations . Any interest earned by the monies contributed by PARTIES shall be accrued to the special fund established by DISTRICT for PROJECT and such interest shall be used only for PROJECT upon approval by the contracting officers (Paragraph 13). Within one year of completion of PROJECT if there are monies including interest earned remaining which are not committed, obligated, or disbursed, each party shall receive a share of such monies, which shares shall be computed as were the original shares. FINAL DESIGN The contracting officers for PARTIES, as defined under Paragraph 13 of this Agreement, shall select an engineer mutually agreeable to both PARTIES. DISTRICT shall CQntract with selected engineer and shall supervise and coordinate the final design including right-of-way delineation subject to approval of the contracting officer for CITY and WATER DISTRICT . Payment for final design shall be made by DISTRICT as the work progresses from the PROJECT fund established as set forth above . Final design services shall consist of, but not be limited to, the following : A . Preparation of a work plan schedule identifying the timing of major elements in the design; B. Preparation of detailed construction plans and specifications; C. Preparation of an estimate of probable construction costs of the work covered by the plans and specifications ; D. Pre?arat ion of an appropriate construction schedule . D1STR1CT shall provide any written work product by the engineer to CITY and WATER DISTRICT . 7. OWNERSHIP OF PROPERTY AND LIMITATION OF USE CITY shall own the property either in fee or non-revocable easement and shall be responsible for same . It is spec,fically understood that the nght-of-way is bcina used for drainap: and t1ood co ntrol purpo ses . The properties upon which PROJECT is constructed shall not be used for any t .. ._ .. .. .. • • 0 purpose that shall diminish or preclude its use for drainage and flood control purposes . CITY may not dispose of or change the use of the properties without approval of DISTRICT. If, in the future, CITY disposes of any portion of or all of the properties acquired upon which PROJECT is constructed pursuant to this Agreement; changes the use of any portion or· all of the properties upon which PROJECT is constructed pursuant to this Agreement; or modifies any of the improvements located on any portion of the properties upon which PROJECT is constructed pursuant to this Agreement; and CITY has not obtained the written approval of DISTRICT prior to such action, CITY shall take any and all action necessary to reverse said unauthorized activity and return the properties and improvements thereon, acquired and constructed pursuant to this Agreement, to the ownership and condition they were in immediately prior to the unauthorized activity at CITY's sole expense. In the event CITY breaches the terms and provisions of this Paragraph 7 and does not voluntarily cure as set forth above, DISTRICT shall have the right to pursue a claim against CITY for specific performance of this portion of the Agreement. 8. MANAGEMENT OF CONSTRUCTION A. ~. Construction costs shall consist of those costs as incurred by the lowest acceptable bidder(s) including detour costs, licenses and permits, utility relocations, and construction related engineering services as defined in Paragraph 4 of this Agreement. B. Construction Management and Payment l. DISTRICT, with the assistance of CITY and WATER DISTRICT, shall administer and coordinate the construction-related work as provided herein. 2. DISTRICT, with assistance and approval of CITY and WATER DISTRICT, shall advertise for construction bids; conduct a bid opening; prepare construction contract documents; and award construction contract(s). 3. DISTRICT shall require the contractor to provide adequate liability insurance that includes CITY and WATER DISTRlCT. The contractor shall be required to indenmify CITY and WATER DISTRICT . Copies of the insurance coverage shall be provided to CITY and WATER DISTRICT . 4. DISTRICT, with assistance of CITY and WATER DISTRICT, shall coordinate field surveying; staking; inspection; testing; acquisition of right-of-way; and engineering as required to construct PROJECT . DISTRICT , with assistance of CITY and WATER DISTRICT, shall assure that construction is performed in accordance with. the construction contract documents including approved plans and specifications and shall accurately record the quantities and costs relative thereto. Copies of1 I inspection reports shall be furnished to CITY and WATER DISTRICT on a weekly basis . DISTRICT shall retain an eniffleer to perform all or a pan of these duties . 5. DISTRICT, with approval of CITY and WATER DISTRICT, shall contract with and proV1de the services of the design enJineer for basic ensineerina construction services to include addendum preparation; ~ey con1n>l points; explanatory sketches; '<!cs pttmru\0)1 009 4 ,, ' ... .. • • ' revisions of contract plans; shop drawing review; as-built plans; weekly inspection of work; and final inspection. 6. PARTIES shall have access to the site during construction at all times to observe the progress of work and conformance to construction contract documents including plans and_ specifications. 7. DISTRICT shall review and approve contractor billings and send them to CITY and WATER DISTRICT for approval. DISTRICT shall remit payment to contractor based on billings approved by PAR.TIES . 8. DISTRICT, with assistance and written concurrence by CITY and WATER DISTRICT, shall prepare and issue all written change or work orders to the contract documents. 9. PARTIES shall jointly conduct a final inspection and accept or reject the completed PROJECT in accordance with the contract documents. I 0. DISTRICT shall provide CITY and WATER. DISTRICT a set of mylar reproducible "as-built" plans. c. Consquction C}W)ae Orders. In the event that it becomes necessary and advisable to change the scope or detail of the work to be performed under the contnct(s), such cJwiaes shall be rejected or approved in writing by the conll'letina officers. No cbanae orders shall be approved that increase the COltl beyond the funds available in the PROJECT fund, including interest earned on thole funds, IID1eu and until the additional funds needed to pay for the added costs are conunitted by all PAR.TIES. 9. MAINTENANCE PAR.TIES agree that CITY and WATER DISTRICT shall own and be respoaS1ble for maintenance of the completed and accepted PROJECT. PAR.TIES funher apee that DISTRICT, at CTl'Y'1 111d WATER DISTRICTS request, shall usist CITY 111d WATER. DISTRICT with the maintenance of all facilities constructed or modified by virtue of this Agreement to the extent po1S1Dle ck.pendina on availability of DISTRICT funds. Such maintenance usillance shall be l~tecl todrainaae and flood control features of PROJECT . Maintenance Ulistance may include activities such u kccpmg flow areas free and clear of debris and silt, keepin1 cuherts free of debris and sediment, rcpamng drainage and flood control structures such u drop stnactura and enmv diuipatas, and clean-up measures after periods ofbeavy nmoft'. The specific nature of the mainw auimnce shall be set forth in a memorandum of undentandina &om DIS11UCT to CITY and WA TEI. DISTRICT, upon acceptance ofDISTIUCTs annual MaintelllllCe Wortt Propun DISTRICT shall have ript-of-acceas to right-of-way and ltClm draimae implo¥emlllll ll all tima for observation of flood control facility conditiOIII and t'or aaanw wbm funds .. avatlable . ... ......,...,ol l009 10 . FLOODPLAIN REGULATION CITY and WATER DISTRICT agrees to regulate and control the floodplain of Marcy Gulch within CITY and WATER DISTRICT in the manner prescribed by the National Flood Insurance Program and prescribed regulations thereto as a minimum. PARTIES understand and agree, however, that CITY and WATER DISTRICT cannot obligate itself by contract to exercise its police powers. IfCITY and WATER DISTRICT fails to regulate the floodpla in of Marcy Gulch within CITY and WATER DISTRICT in the manner prescribed by the National Flood Insurance Program and prescribed regulations thereto as a minimum, DISTRICT may exercise its power to do so and CITY and WATER DISTRICT shall cooperate fully . 11. TERM OF AGREEMENT The tenn of this Agreement shall commence upon final execution by all PARTIES and shall terminate two years after the final payment is made to the construction contractor and the final accounting of funds on deposit at DISTRICT is provided to all PARTIES pursuant to Paragraph S herein, except for Paragraph 10 . FLOODPLAIN REGULATION, Paragraph 7. OWNERSHIP OF PROPERTY AND LIMITATION OF USE, and Paragraph 9. MAINTENANCE, which shall nm in perpetuity. 12 . LIABil.ITY Each party hereto shall be responsible for any suits, demands, costs or actions at law resulting from its own acts or omissions and may insure against such possibilities as appropriate. 13 . CONTRACTING omcERS AND NOTICES A. The contracting officer for CITY shall be the City Mayor, 1000 Englewood Parkway, Englewood, Colorado 80110 . 8 . The contracting officer for WATER DISTRICT shall be the General Manager, Centennial Water and Sanitation District, 62 Plaza Drive, Highlands Ranch, Colorado 80126. C . The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26th Avenue, Suite 156B, Denver, Colorado 80211. D. Any not ices, demands or other communications required or permitted to be given by any provision of this Agreement shall be given in writing, delivered personally or sent by regis tered mail , postage prepaid and return receipt requested, addressed to PARTIES at the addresses set forth above or at such other address as either party may hereafter or from time to time designate by written notice to the other party given when personally delivered or mailed, and shall be considered received in the earlier of either the day on which such notice 1s actually received by the party to whom it is addressed or the third day after such notice is mailed. E. The contracting officers for PARTIES each aaree to desipte and assian a PROJECT representative to act on the behalfof s:ud PARTIES in all matters relatcJ tu PROJECT undertaken pursuant to this Aarttment. Each reprcsentanve shall coordinate all dalaa,ttmn1\0) 1009 6 .:.. .. • • ·- PROJECT -related issues between PARTIES, shall attend all progress meetings, and shall be responsible for providing all available PROJECT-related file information to the engineer upon request by DISTRICT or CITY and WATER DISTRICT . Said representatives shall have the authority for all approvals, authorizations, notices or concurrences required under this Agreement or any amendments or addenda to this Agreement 14. AMENDMENTS This Agreement contains all of the terms agreed upon by and among PARTIES . Any amendments or modifications to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding. 15 . SEVERABILITY If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable clause or provision shall not affect the validity of the A,grcement as a whole and all other clauses or provisions shall be given full force and effect. 16. APPLICABLE LA ws This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for any and all legal actions regarding the transaction covered herein shall lie in District Court in and for the City and County of Denver, State of Colorado. 17 . ASSIGNABILITY No party to this Agreement shall assign or transfer any of its rights or obliptions hereunder without the prior written consent of the nonassigning party or parties to this Agreement. 18 . Bil'IDING EFFECT The provisions of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and to their respective successors and permitted assigns. 19 . ENFORCEABil,ITY PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity, by de cree of spec ific performance or damages , or such other legal or equitable relief as may be avail abl e subj ect to the prov isions of the laws of the State of Colorado . 20. TE RMINATION OF AGREEMENT Th is Agreement m.:i; be terminated upon thirty (30) day's written notice by any of PARTIES , but onl y if there arc no contingent, outstanding contracts . If there arc contingent, outstanding contracts , th is Agreement may only be tenninatcd upon mutual agreement of all PARTIES and only upon the cancellation of all contingent, outstanding contracts . All costs associated with the cancell at ion of the contingent contracts shall be shared between PARTIES in the same ratio(s) u were thei r contribunons and subject to the max imum amount of each party's contribution u set fonh herc m. 7 .. t . .• > • • • 21. PUBLIC RELATIONS It shall be at CITY's and WATER DISTRICTs sole discretion to initiate and to carry out any public relations program to inform the residents in PROJECT area as to the purpose of PROJECT and what impact it may have on them. Teclmical and final design recommendations shall be presented to the public by the selected design engineer. In any event DISTRICT shall have no responsibility for a public relations program, but shall assist CITY and WATER DISTRICT as needed and appropriate. 22 . NO DISCRIMINATION IN EMPLOYMENT In connection with the performance of work under this Agreement, PARTIES agree not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified because of race, color, ancestry, creed, religion, national origin, per, age, military status, sexual orientation. marital status, or physical or mental disability and further agree to insert the foregoing provision in all subcontracts hereunder. 23 . APPROPRIATIONS Notwithstanding any other term, condition, or provision herein, each and every obliption of CITY and/or DISTRICT stated in this Agreement is subject to the requirement of a prior appropriation of funds therefore by the appropriate governing body of CITY and or WATER DISTRICT and/or DISTRICT. 24 . NO THIRD PARTY BENEFICIARIES It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to PARTIES, and nothing contained in this Agreement shall pve or allow any such claim or ripit of action by any other or third person on such Agreement It is the express intention of PARTIES that any person or party other than any one of PARTIES receivin& services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signatories as of the date and year first above written. (SEAL) ATIEST : 'dcs"'l'ffll"IIOOl I 009 8 URBAN DRAINAGE AND FLOOD CONTROL DISTRICT Title Executive Pfr:ector Date ___________ _ • • (SEAL) ATTEST : Loucrishia A. Ellis City Cluk (SEAL) ATIEST : 9 CITY OF ENGLEWOOD By_ Tide. Douglas Garrett ~yor CENTENNIAL WATER. AND SANrf ATION DISTRICT By _________ _ Tide ____________ _ Dare. _____________ _ AGREEMENT REGARDING DESIGN AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR MARCY GULCH AT ENGLEWOOD DIT rH Agreement No . 03-10.Q9 Exhibit A • • BY AUTHORITY 'SERIES OF 2003 COUNCIL BILL NO . 82 INTRODUCED BY COUNCIL MEMBER BRADSHAW AH ~OVING TifE CONNECTOR'S AGREEMENT BETWEEN THE CITY OF ENOt.EWOOD, COLORAOO, AND SOUTH ENGLEWOOD SANITATION DISTRICT NO . I. WHEREAS, City Council approved a Standard Sanitary Sewer CoMector's Agreement for South Englewood Sanitation District No . I in January 1988; and WHEREAS, the Standard CoMector's Agreement provides sanitary sewer service to districts outside Englewood's corporate boundaries; and WHEREAS, there are 4,594 taps in the South Englewood Sanitation Disttict, which taps and lines, as well as all capital improvements, are the responsibility of the Sanitation Disttict; and WHEREAS, the Englewood Water and Sewer Board recommended Council approval of the South Englewood Sanitation District Connector's Agreemem at its October 14, 2003 meeting. NOW, TifEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TifE CITY OF ENGLEWOOD, COLORAOO, TifA T: Section 1. The Connector's Agreement dated October I, 2003 between the City of Englewood, Colorado, and South Englewood Sanitation District No. I is hereby lpproved. Section ~-The Mayor and City Clerk are authorized to sip wl attest said Connector's Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reacfina o the 17* day of November, 2003 Published as a Bill for an Ordinance on the 21• day of November, 2003 . Read by title and passed on final readina on the I st day of December, 2003 . Published by title as Ordinance No._, Series of 2003, on the s* day of December, 2003. ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby ccnify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by tille as Ordinance No. __ , Series of 2003 . Loucrishia A. Ellis 0 0 CONNECTOR'S A~ Sewer contract No·~~~~- THIS AGllEMDIT, made and entered into t.'lis 1 at day of October , xWU~ by and bet-.,,.en the CITY OF ZNGL.c.""WOOD, COLORADO, a municipal corporation, hereinafter referred to as "City," acting by and through its duly elected, quali!ied and authorized Mayor and City Cle?'!<, and souTH DfGLEWOOD SANITATION DISTRICT NO. 1. a quad-municipal corpo:.-ation o! 1:!ie State of Colorado, hareinafter called "District," acting :iy and t!lrough its duly aut!lorized Beard of Di:ec:tors ; WJ:TNESS!T!! ~. the City owns and operates a sewage system, i:1cludi."tg a sewage treat:aant plant vhidl. is jointly owned and opa:ated with the City of Littleton, so sit'.l&ted physically as to l:e aj:le t::i ::-ecaive ar.d treat t.!1a savage qat:ered by the Dis't:ict; and ~, it is the desire of the District to utilize t.!1• !acilities owned by the City !or th• trut:nent of sewage and t!le City is willing to s-=-1• t!l.a District for t=aat:nant o! sewage ur.der ce:-tain cor.~itions; NCW, ~OR!:, L'f CONS!!JDATION o! the promises and for o<:.=.e: geed and valua=l• consideration ha:ei."ta!ter sat for-..!1, it is :11~-:~a!ly ag:-eed l:y t!l• pa:ties as !ol_ows: :~e Ci-:7 he:eby a;=••• 1:..~d•r the conditions terei~a!ter sat !or-~ to treat the savage origi~ati~g !ro: Distri~'s sa.-:..:. ta:-, ••·••=-svst.:l vi-:=.i~ t!le a:ea ser-,ed :v t.'le Ois':ri~ as a:;::s:r:vec! by ~. City, as L-:.dicated i~ t.~e descri;:ti-=z-.s a-:tac~ed careto lL&:kad ?x.~i=it A. :is-:ri:t s:=aci!.:.:s:::,, aq-:eas to ;:re•r•~-= u·.age !:::11 L-:y area, ct~•= t=.a~ that des:r:J::ed cerei~, fro~ ~•i~g disc~ar;ed i~t= ~ :5-:ri=-:.' s sa~i-:1:.--:-sa•.aqe s7s-:.e~ co:---:ec-:1c!. to c:.-:1' • tr-~"'.k : i~~ a.-:~ -:: ;::-eve~': e::---:ac-:i-:r.s ':o ~. s::·1':1: !:::n er i:: a:-:.y a=•~ o-:=.er -:=.a.-:-:.~~•• des~ri=~ ~•=•:~. -l - ' • • -· 0 2. In ~Ile operation o! Oist=ict's sanitary sewer syst .. , Oist=ict ag=ees t."l.at al: applica.bl• Code provisions and rui .. a.~d r9gulations o! City, including amendments thereto during ':!le ter.11 o! t."l.e cont=ac-:, slla:: be t."l.e lllini:11~ standa!'ds !or Oist=::-:'s system. Oist=ict !u:-..!ler ac;=ees to a.bide by all app:.:.:aj:)le state and federa: l.aws, r.iles, regulations, or per:iits, including t!lcse o! t."l.e ?nvi=onmental Protection Agenc-1 (t."l.e !?A) as ':!ley becollle e!!ec:-:ive or .iapl .. ented or upon notice f=o• t.!1e City. Oist=ict shall inform all users, con-:=ac-:ors and su!)cont=actors o! such standa=:s, r.iles and regulations upon i..~qui=Y fro• such persons, and shall net furnish any in!or.iaaticn L-lconsistent therewith, In t!!is rega:d, it shall be t!le responsil:lility of t!le District to obtain from t!le appropriate gove:.-ning body t!la applicable roc;t;ir .. ents. Th• City shall attapt to maintain ar.d provide all =equir .. ents to t!le District; however, City does not gua=s.~tee the acc:-.iracy or completeness o! gove~..ment reg.;lations ot!ler ~a.~ t.."l.a City's owr. regulations. 3. The City's per:iittinq re<r.li=e:11ents sha:l be !ollowed by t."l.e Oist=ic-: and its use=s. A:l p:ans, speci!ications and me<:.~ods o! work wit!li.~ ~. Cist=ict s~all be s:.;:imitted tot!!• City in writing a.~d approved by City prio= to any cor.st!"'.lctior. or tap in t.~e District's approved area. No pe=::it shall be !ina: an: no se:-Ji:e s~a:: be provided to prope=ty u..~ti: cor.st:=-,;ction is approved in writing by City. 4. District scall, at a:l ti.2es, properly 11&intain its sewer system and sha:l recti!"f any probluaa er conc!i-:ions whi~ have been dete:::aine<! by ~istrict er Ci-:y to be :etri:llen't&l to Ci-:y's trea~ent process. She\!!: t~• City data::lline ':!lat any disc~ar;e enters t:a sewer sys-:.: :or.tr&='! to ;cve~inq laws, cr:inancas, stat~tes, :-~:es, re~~:a-:ior.s or per::iits, District agrees to proceed at or.:e to~&.<• wtatever law!~l mea.~ 11&y be necess&='f t: recti!y L~Y sac~ pr:b_a ar cor.diticr.. 5. City sha:l have ~e ri;~t ~= a:laca~a ••~ice u.~der ~is cor.~=ac~, and Ci-:y 11&y deny addi~ional ••~ice !or any utility-related reason, bu-: in ~e ever.t wi!l City te::lli:iate L~y se~ice wi~out cause. City sha:l have t!!e riqh~ to d=~==~-:~~~ !·~ric~.to anr_~=~~ 4:"7~!ed 7:_o;•~:::=-: wt~~v·~c:?1 &.:-.•X----r. -a..<es r-ACe w __ .ci;_ ?----wr---• .. C--1 &pp_ .. •-· O's--'--s~a·, ~--v'de c ·-v w--~,~ one yea-o• -~,. aqr;;;;;t , .. L~-.;;~;-:e c!-~• -~•= c! e<r~iv;:;;;; se:-rica ta~s needed !or~• ner: !ive (!) years 1;.,cer c-..;r=ent zar.inq L~d :;,:a.--~ed buildcu-: in O~s-:ri:t's area. ~istrict s:a:_ men.:.~== zcninq ~a.~q•s wi~i., its area t: esti..2&t• its~, =•:r~:=•~•nts and ;::vi:e City wi~ r.oti:• :! ~•;: :ec;-~i: .. ent. !:r ~e ner: !ive year ;:eri:d c! t:.:ae in a!::: ••~is!ac:to:-1 t: t.~e Ci~y. No~i=• c! t.~es• =•<r~i:csents s~a:: ce give:: C:~y :r. ea:: anni~•=sa:-1 da~• :! t.~is ai;=•~•nt. 6. Ci ~·, ::a ·; i=i;:cse ar.d ::::•c~ :eu:::a:::e !HS , t:::s and cta:;es: w:i:: sta:: =• :.;.~i !::':I as t: a:: cuts~:•-C~t? 1:Se!'S -z - <• t ... .. • -·- !or the services provided by t!le City under this Connector'• Ac;=eement. Ci~y sha:: bill Oist=ic~ us•= di=ect:y !or all applical)le City cha::-qes !or services rendered under this Aq:-eement. Should any user not pay City, City shall bill District and Ois~rict shall pay to City wit!lin 45 days o! such billing the amount c:lue. These cha::-qes are subjec:-: to adjustment !:'OJI time to time by City; when such charges are changed, City shall give Cist:'ic"! !c=ty-!ive (45) days advance written notice. 7. 'r.le ter:ll o! this Aq:'e-ent is !or a P•=iod o! three (3) years from the date of exec-~tion and autQll&tically ranewed !or six (6) subsequent t!l:ee-(JJ-yea: periods unl .. s ei':!ler par=y gives a minilllum o! six months w:-itten notice, duri.'tg which t;.:ne Oist=ict aq:-ees t.~at all e!!luer.t produced from taps wi-:=.in Oist=ict shall not be L'"1 violation of any federal, state or City laws, =ules or :'equlaticns, or any other appli:aJ:lle gove=:uiaental regulatior.s er the per.llits under whic: ':!le City ope:-ates its sewage treat:llent ayst-. City ac;=ees, duri~g the ter:: herec!, to treat said ef!luer.t &.'"ld to maintain adeq1:.ate !acilities !o= t:'eating o! the sue. 8. Oist=i=t ac;=ees t=.at it wi:: 2&i.'"ltai.'"l, at its own expense, all o! its lines, or t=ose li~es now owned and operated by Oist=ict, it being speci!ical:y ac;=aed that City aaawaes no raspcr.sibility should any o! District's lL'tas became clogged, damaged, or req,~ira m&i.'"1tL"'l.&.'"1ce. Cistric:-: shall ui.'"1'ta:.n 24-hou:-service to :'aedy disr-.. ption in service. Ciatric:t s~all, i! it deems necessa:-y, ncti!y its us•=• of Oist=ict's p=:,cadure to =em•dy ••=-.rice. 9. City is ;rovidi.'"lq only sewage traat:ller.t se_.....,ic• ar.d, pursuant t;ierato, per::its ,incidar.ta: use of City's sewage lines only by this L'"ldividual contrac:-: with Cist=ic:": and does not, by t.:i.is cor.t:'act, o!!er t:'ea~er.t service except in st:'iC't accorda.'"lce wit.~ t!l• tar::s hereo!. 'r.lis cor.t:-ac:-: does not o!!e:', and sha:l net be c:onst=-~•d as o!!erinq, sewage treat::lent service to the pu.=lic: generally or to any a:ea ou~side tlle l;.:ni~s o! ~e Oist=ic:t•s service a:ea he:ei.'"1 desc=:i!led. 10. ~is contract may ~ct be assi~ed, so:: o= t:'L'"1S!e:':'ed by uis~ri:~ wi~~cut City's written consent. 1:. Sheu:: a~y !edera: law, =-~:e, per:l!t er req-~:ation c= s:o~d a dee:=•• o= c:r:er c! a cou:t rar.d•= vcid o: u.."ten!::r:ea!:::e any pr:visi=~• c:! t.~is eor.t=ac-:, L~ w~ole == L'"l pa::, i! ~css:.;:e, t=.e re:1ai.'"lde= s~a:: =• o! :~:: !:==• L~d e!!eet. 12. ~~e :is~=i=~ s~a:: er.!:r:e ~is &i:'ee:ler.t a~d aac~ o! i~s · ~•r=ts a~d :or.:i~i:r.s ~i~i~ ~e area deser~ed i~ ?x~i:it "A." :istri:~ s~a:: r•!~•• to ser-,e a user or pcter.~ia: use:-, c.is:er-~ec~ ~e ser-1i:e o! &.'"ly use: ;:ursuant t:: -J - ,, ' .. • • -= 0 appropr:ate law, or take ot.~er appropriate ac-:ion in the event o!: a. Ncnpayi:i.e~t jy s~c~ user:! a~y :ha:~• made by City !or se::""1ices; b. 'Any violation or noncomp:ia.~ce jy sucn user wi':.~ the te::u o ! t.~is aq:-aemant; c. d. Violation or nonc01Dpliance by sucn user with the laws, r-.lles, per:mits or regulations o! the City, t!l• United States qover:ment, i:1cluding the EPA, t!le State of Colorado, including t.~e Oecartllent of Health, or other law, rule, per.nit or regulation applicable. Continued breach o! t.~is Agreement by the District a.~d/or its users sha:1 be ::nsi:ered ca~s• fort.~• City to terminate th.is Aq=eement. Sho~ld the Cistri:t !ail to ;r:mpt:y recti!y a breach of t!lcse provisions identi!.ied herein, a!ter notice t!lereo!, City may take s~ch ste;s and de such work as it deems necessa:y to en!or:e this ac;ree:11ent, including litigation and speci!i:al:y a ri;ht to inju.~cti:r. or speci!ic per!ormance against t:le ~istri:t or a.,v o! its ~sers as is necessarv to protect the City's systam and operations. 'r.:.e pravaili;g party shal: be entitled t: ex;:enses ar.d costs o! •~it, including attor:,.ey fees. Shou:: mere than one District be cor.nected to a sewer line, all Districts or. the line shall be jointly and severally liable !or a.,v braacn o! t!lis ag:-eement and each such Distri:-: sta:l i2mediately, a!ter notice, recti!y any pr:c:e!ll or cor.diti:n detrilllenta: to the treat:aar.t process arisi.,g wit.~in its lega: bcu.~daries. City shall not be required to ;rove which District is at fault but shall lll&ke availal::l:e to a:l such a!!e:tad Oistri~s al: i.,!or:aation deva:oped or ac:-.21Ulatad by Cit7 pertai.,ing to such breach. Not!li.,g contai.,ed herein shall precl~d• a claim tor indamnity er :or.tri!lution by any Oistri:t agai:tst another Distri~ cor.:.ectad to a common sawer l:ne. OtS-lJ-J:-lll.5 shall gcvar:,. ~• per:a.~t1qe o! lic::::~7 o! •~Y Distric~ or. a c;mmcr. sewer l:~e in the avant~• C:ty seeks to impose l ~a=~:~~Y :ased u;cr. ~•q!~q•~c• o= ts~:~. lJ. Th:s c:r.traet s~a:l net :e usec as a laqa: da!er.se or ~=:c:.=~~~o~ ~= ':!:• ~a~~a~=~! c:~.sc:~~.~~=r. c! !sci:i~~•s by e:~•= pa=ty as 2ay =• =•qu:rec =Y ~• la~s o! t:i• State o! c:::rado :! a:: existi.~g sewer c:::e:ti:r. systUlS L~d !sc::it:as t: a ;:ve:-:-.:aa~tal •~tit·, :=eat•~ to ass"t;2e -es-0-s '•'"'-7 •--sewa-se-,'-• ,: -"'•a-ea '-~-'-· :e~ c' -:, ~-z;:;.:. ;:; a P•:. .• : ... ;: .:;_.:: __ ,-e-;..:::s:7::_, ena· &-::.:::.. ... -~·-·, :5-....... -•• --.-c--s-.·--------. --• ------- --··---·-a _.._: -.... a • -4 - t .. .. O,_ • • AffZS'r: cm ol' INI.IIIOOD, caum&DO City clui liyor A1"?EST: ay~~ Benjamin L. Olsen, Secretary •• Poot:Dote ( ... pap l,.) Wot:hinq in thia ~ ab.all apply to non anterinq tu outfall lilla utilised by the District at UlJ' poin-c on points dovnstnaa traa vllue the Aid oattall lina leavu the area ot tlle Diatric:t. -s - ' . ·s.,·~· . . f!.f' . . . .. • l. i ••• • ••• • ... , 0. . .. . !l , ,. .•• . :·,r~-".; ~ • • . ' ..... ... • :.. .. '( ~l ,· . . . . .. .. ~ . -$,i,711 /:II~~ 91t'ilJf11'// ~er ;%._t B~/'1# . -j-11/r,, /,,J...;-'-1-,.J' ./ ..l$,r -~t,{ ~s& S..J,d.,d u.11:,a. '£=1.,,,-.,r Al.,QJ J.::IX t <T e'r:11-.L y' \, , . .-.. ~ ......, .•. Date Dec ember 1, 2003 INmATEDBY COUNCIL COMMUNICATION Agenda Item STAFF SOURCE Subject L/E WWTP 2004 vehide purchase Littleton/Englewood Wastewater Treatment Plant Supervisory Committee Stewart H . Fonda, Utilities D irector COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved the purchase of 3 pick-up trucks, 1 utility vehide and 1 front loader in the 2004 budget RECOMMENDED ACTION The action recommended is in the amount of $165,810. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This purchase is recommended to replace pick-up trucks according to current vehide condition, age and the attached replacement schedule. The utility vehicle will function for engineering and administrative duties , including the upcoming Phase 2 construction project The front loader wiU replace an existing unit w hi c h has proved to be too small for its role in facility programs. All veh icles listed are priced through current State of Colorado Price Agreements (state bid). FINANCIAL IMPACT The cost of this expend iture w ill be share d 50/50 by th e Cities of Engl ewood and Littleton. LIST OF ATTACHMENTS 1. Summary Tab le of Vehicles 2. Capi tal Outlay Reques t and ; 3 . Stat e bi d suppo rti ng d ocumentation 4 . V ehicle rep lace m ent schedule • • Division Beneficial Use Ooeratlons Maintenance Maintenance Proiects Total Summary of 2004 Vehicles to Purchase for L/E WWTP Purchase to be scheduled after January 1, 2004 Vehicle Descriotlon Recommended source Front Loader Power Equipment Comoanv 1h ton oick-uo truck Daniels Motors Inc. 'h ton oick.i:Jo truck Daniels Motors Inc. 1h ton nidt-uo truck Daniels Motors Inc. Utilitv Vehicle Daniels Motors Inc. Cost $109,307 ~11 870 ,12110 i12 110 ~20413 ~165 810 Vehicle 11-05 MAINTENANCE VEHICLE REPLACEMENT SCHEDULE Description, Replacement ' Model Estimated Number Description Year Replacement Division Date 84new Pick-up 1998 2006 Maint. 84new P ick-uc ~998 :zoos ...... :_. IVIQ.UILe i99e 2005 Maint. 1993 2007 Maint. 1993 2001 Maint. 1995 2002 Maint. 1995 2002 Maint. 1996 2004 Maint. 1996 2003 Malnt. 1996 2003 Maint. 'uJ,, :. : 997 L V cr.i e!es198 rco lte OPERATING CAPITAL OUTLAY REQUEST ! Department: UE WWTP Description of equipment or object expenditure : (Must be more than 5500 and less tbaa 55,000) one pick-up truck (bi-fuel) ! Fund/Division: Explanation of necessity or benefits of this expenditure : Scheduled replacement -llllit purchase deferred from 2003 Total costs of placing equipment in full oocration: - Estimated Costs Unit Cost Purchase Price 25,000 Installation Total 25,000 Less Trade-In Total Net Cost ,:, Annual Oocrating Cost Total First Year Cost Is this expenditure necessary because of increased personnel? No Recommendation for equipment displaced: Vehicle auction Approximate date of purchase: Spring 2004 List and describe similar equipment in department: ' .. Purchasing Agent's Comments: ' 90-1704-6140 I Total Cost 25000 25 000 City Manager 's Review: Approved : __ Not Approved : __ H:\A DMIN\BUDGE1\2004budlfl\l704\2004 Opcra'*W Budell• ' • • CAPITAL OUTLAY REQUEST l Department or Fund 1105 I Division: 11-05-44121 Description of equipment or object expenditure: Pickuo Trucks (2) Explanation of necessity or benefits of this expenditure: Reolacement of trucks #8446 #8448. Total costs of placing eauipment in full ooeration Estimated Costs Unit Cost Total Cost Purchase Price $22,000 $44,000 Installation Total Less Trade-In Total Net Cost Annual Ooerating Cost Total First Year Cost Is this expenditure necessary because of increased personnel? No Recommendation for equipment displaced: Ap proximate date of purchase: .... Sp ring 2004 List and describe similar equipment in department: r Purchasing Agent's Comments: City Manager's Review: Approved : __ Not Approved: __ H: ADMIN\BUDGEl\2004b udgc t 1703\Capital 2004.doc 07048YYY541VI l\tIANDATORY Agreement Status : Current Category : Vehicles Commodity Description: P/U, 1/2 Ton, 4X2 Period Covered: 11/01/2003 -07/01/2004 Option to Renew for O More Year(s) Commodity Code: 070-93 Contract Status: Not applicable Ordering Information Contact: P Michael Larkin Order Number: 719-632-5!91 Toll Free Number :800-289-0240 Fax : 719-634-5434 Contact Email: Terms: Net 30 Days F .0 .8 .: Destination Del ivery : 60. 90 Days Minimum Order: NIA State of Colorado Price Agreement General Support Services State Purchasing Office 225 E. 16th Ave, Suite 802 Denver, CO 80203 Please direct purchasing agent inquiries on this aw:ird to: Michael Wallace at (303) 866-6143 Company: Does Business As: Address: > City, State, Zip : DANIELS MOTORS INC DANIELS MOTORS INC 670 AUTOMOTIVE DRIVE COLORADO SPRINGS, CO 80906- This Agreeml'nt Results from S01ici1:i1ion Number: lFB-AFA-VEHlCLES-MW-04 Conditions of Agreem~s t: Pricing: E: j ··"levv ~1iv •,..to l':00 P 1c><u o lrne J ;: !) ic, n11 s Motors nc. IGasohn t • t .. .. • • - .1. i Cla ss: P/U • 4x2 Representative Mcdels : 1: FORD 3: DODGE • • Colorado S-Fleet Management ! • 2004 VEHICLE SPECIFICATIONS Doalora lnvttallon to Bid Body Code : §1 F150 PU 1500 PU 1/2 TON1 4X2 2: TOYOTA 4 : GMC TUNDRA C1500 PU 0 Page 1 ol l 11111/2003 MAKE: dee/ MOCEL: Jt IV t: " <> .,/ 0 OEM MODEL #: C' C I IYO j TRIM LEVEL: / S ,,/ OEM CODE: t:! t; J STANDARD SPECIFICATIONS : OEM CODE INDICATE ACTUAL DEALER SPECIFICATIONS \-,o-,-PA_s_s_:_3_P_E_R_S_O_N_S_M_IN-.-------,I ~ ---------------------- E ~ 110 DOORS: 2 SIDE DOORS 12 1 LONG BED ~ ./ ~ --r-___ _ 140 TIRES: ALL SEAS M&S RADIAL 1"6 FULL SIZE SPARE TIRE ~ _L_..L...:,.J=--J ___________ _ 183 WHEELBASE: 131 .0 IN. MIN ~ ENG MIN CYL: 8 ~ ENG MIN DISP: 4.6L I 228 FUEL TANK: 3ll GAL MIN E GVWRATING:BOOOMIN AXLE RATIO (MIN.) 3.50 ~ AIR CONDITIONING· R134a ~ RADIO: AM/FM 307 POWER BRAKES & POWER STEERING - !08 ABS BRAKES - 310 SE.ATS : CLOTH SEATS ,--I i/ ---L--9'-· ~· -..Y'---='-----=L.~e_..;...v ____ _ .,,, ,/ tJYD" _!L_ _ __...J"-' ...... Y.;...;::2.;__ _________ _ / _L __________________ _ ,/ ./ ./ ~ FLOORING: RUBBER I : --------------------- AIR BAG -DRIVER SIDE • ,, M __ 1R_R_o_R_s:_R_1a_H_T_AN_D_LE_FT _______ , ~ ---------------------- _1NT_ERM_1_TTE_N_T_WI_PE_RS ________ I //'/ ---------------------- 1 408 REAR AXLE • ANTI SPIN • ,,, ~ TRANSMISSION: AUTOMATIC 1--.:::::._ ____________________ _ ~TWO-___ WH_EE_L_o_R_iv_e_:_REAR _______ .,I -:: ---------------------l.::!-STEP BMPR-400#TONGU~,OOIWT1'Ut _,, I 91 0 PRIMARY FUEL: UNLEADED / 1 991 STANDARD WARRANTY -BU~" 0~ ~ ---------------------- 1 OQ7 :RE'N <: ... Bf•l"JLLS'-E OCC S\ OQ! ::X7 CA& :·~G 3!::> ! C II • :>c::°' ;,a :X-:' ';;,8 ~-<CII T D • "" • OCCII A./A ..li..L ---v-,1------------ya 7~ -21J_ v ,,,/ ,._ ..] / ?('. o o ... • • Colorado State 1'1-1 ..,,.._ .. 2004 VEHICLE SPl!CIFICA TIONS Dulera lnvttaUon CD Bid Page2al3 1111/2003 Class : P/IJ-4x2 Rep,esentatlve Models: 1: FORD 3: DODGE Body Code: E2 Ft SO PU PU 1/Z TON, 4X2 2: TOYOTA 4: GMC TUNOAA C1500 PU 1500 MAKE: AVAJLABLE OPTIONS: OEM COOEACTUAL / COMMENTS PRICE ,-,-,-9-EX_T_CAS_WITH __ LO_N_G_B_ED------~, __ .-_ -----------------..£.4-. ~ EXT CAB WITH SHORT BED I -~ ~ SHORT BED ..1..9.L L ~o c-) ~ ~ .21:¢:0/l / (, .2 ;f ~ ..l:..1!1..1 £ l L L, ~ v · ,Poo-oe [ 1239 ~ TIRES : OP110H .,, UST SIZE : TIRES : OPTION t2. UST SIZE: NO~STO ENGINE OPTION A: CJI/W OPTION: SPEC1FY AXLE AATIO OPTION: 3.55 12,9 Cr "f ;J . 7 J __,lit,; ... ~ -~ v112N :.&1.:!. -------------2 yo, •. 311 _d.Lv _________________ ~ ~ L!!..9:...£.-------------~L l(0.0 •'? ALT FUEL• OEM Bl FUB. I\LT FUEL· OEM DEDICATED CRUISI! CONTROIJTll. T SEATS: VINYL SEATS TRANSMISSION : MIINUAI. WIOVERORV I·~ _jff~:' ~- \ u~ .:£1£-~ I<."" '°----------------_U: .... 14'3 100 .... I ""' ~---------------~ .... IIEDIJNEJII.FUU. Ma.DED+TAII.GATE TOOL BOX ·ACllOSS 8EO B~) TOOL IOX • Sloe HD IIOX(--) PCKG:TOWINGIRCVI' HITCH(Alcllml) HEAVV DUTY COOUNG PKG: STROBE LIGHT~ ENGINE BLOCK HEATER ~ 8& _________ %= GRIU auARD • FUU FRONT BLACK HIGHWAY ORNIGE P"""1" BUDGET PREPARATION SHEET -2004 UTILITY VEHICLE Account Title Description: Multi-purpose utility vehicle Reason for increase/decrease: 90 Dept. 1701 Div. 61401 Acct. (GL) No. • Vehicle needed for engineering and administration duties at plant including Phase 2 Expansion Project Short term (one year objective): • Purchase vehicle Long term (five year objective): • Scheduled replacement 2001 I 0 I 1 ' Bud2et 2003 2004 0 30,000 Expenditures 2002 I 2003 YTD 0 I 0 Pr0Jectloa1 2005 2006 I 0 0 I H :IADMIN1BUDGE1\2004budget\1701IPAGES\1701 Vehicle -Preparation Sheet.doc 2003 Oriainal I 0 I 2007 I 2008 0 I 0 ,. • t ,, • • • --- Colorado ~Ill• FINI Managllfflffll 2004 VEHICLE SPECIFICATIONS Deafen lnvt:atlon tc Bid 0. 1111/1003 c ·ass: SW 4x4 F;19pr ase ntaliv1 MO<lels : 1: FORD 3: DOOGE Body Code : ,!g E.XPLORER DURANGO PASS UTIL MEDIUM. 4X4 (5 ?ASS) Z: ChEVROLET BLAZ:R. SMALL 4:GMC ENVOY M;.KE: ct~ V MODEL: ll / C(_ Z. e, /l. -oEM MoDeL •= c Va U<t TRIM LEVEL: / S / oEM cooE, ST;.NOARO SP:CIFIC.a.TIONS: OEM CODE INDICATE ACTUAL DEALER SPECIFICATIONS ---------., ./ _______ _ . PASS: 5 PERSONS MIN. ___JC__ Ii.& i 196 E Im I :n, DOORS: 4 FUU. SIZE SIDE COORS TAILGATE TIRES: ALL SEAS M&S RACIAL FUU SIZE SPARE TIRE WHEEL-IOU IN . MIN ENG PAIN CYL; 8 ENG MIN OISP: 4.DI. RJEL TANI':: 1IGALUIN GVW RATING: 4400 MIN 1w ~ AXLE RATIO CMIN.) 3.40 AIR CONDITIONING • R 1 341 ~ RADIO: AM/FIi I 307 POWER BFW<ES & POWER STEERING f-;;-ABS BRAKES ~ SEATS: CLOTH SEATS ~ SEATS. 81.JCKl:T'SV.TS I 320 FLCORJNG : :::AJUIET ~ AIR BAG • ORNER SIDE I 400 M IRRORS: RIGHi ANO LEFT ~.REAR WINDON DEFROSTER ~ INTE.RMlr.ENT WIPERS j 410 TRANSM1$SION: AVTCM.a.TIC ~ FOUR-WliE:l. ORIVE _L ______________ _ ,/ _.£_ _________________ _ ,/ ---5--~...L...o=-7:.....-._(J."t-n.-: ... 5.-,·-t,.,-;iu. ...... ~---.(*"- -1L.._ ~~..£....:..::,· i!...1,..~---=L=--=:..'e---'v'------- _IL_ __ =-------------- _L_ _ __,,JL.,..,.L._,fL..:u~----------- _JL_ __ ~.LJ._..L.~--'"l.-;:_ ______________ _ _,L_ _______________ _ 1~-------------"-1 ,/ / jl~f!/ ~--~~;r;f~~·_,:..aflt.;;:-J...:1·£1,.:-(' ______ _ I :;:::: ____ 1_v_z_~,_~_·i.Jt_·_~_L_ti_-_~_·_-1_·_t_~~_·,_t_ ,~ ______ ___._-,---~ I s,il,c.. Le:"& ttv, ~'-'Q~ '~------~------~-/ __L_ _________________ _ j 418 AUTO MAT IC LOCKING FRONT HUBS / I 45 0 SKID PLAT:-i'UEL 'r,,IK TRFR CS/01 / ~ STEP BMF't~OOITONGUE.400:l#TRLR / i ;10 l''tlMARY "'JE'.: UHL!:AOEO / ;,<;·, S7AND,;RO WJ.F~N'l". cUM;:!:R 70 BUMP!:'t j / I -·-···--·----·--· / v ?,: r.,.: ,-:,'h; ., ..... , ..... _ .... ,..""'--·····..;.. -~--.-· .. ,, ....,_......., ""'~ ~-~ ' . . , C() ,J,::; ;)!- ,., t , ' .... .. • • c :au: SW4"4 Repr ... ntative Mccela: 1: FOM> 3: COOGE AVAIi.MiLE OPT'10NS: ColorNO Stale FINI ........ Ill ::oG4 VEHICLE S1'ECl'ICAT10N8 Deal.,. lnvllallon • lld Body Code: ig EXPLORER DUIW«iO PAU UT11.. IIEDIUll1 4X,l (I PlSS) 2: CHEVROLET BLAZER. !MALL. ol : OMC ENVOY Page2oU OEM CODEACTtW. / COMMENTS PRICE ~ DOORS : 4 SIDE OOORS , .!::JS.L.p .. -fJ_."0.._~:o;,...----------,---~-.J'O o _ -) ~-nRE_s:_AL_L·TEMAIN __ ._UST_SIZI!:_· __ ___.IU-.iP 2.JQza I < o.-/Qet= -LZ£-... ~ TIRES; OPTICN .... USTSIZE: I : -----------------~ NON-8TD !NGINe OPTION A: I m tEAVY OOTY SUSP!NSION -.,tfL...,,f. I Zll GVW OP'TOt SP£CFY ~ l,._m_AXLE ___ RA_TIO_OPTION: __ i.!11 ____ ---l ~ .J. 'J J _2,..2...0-•' I 25' ALT FUEL • 08I Bl FUEL -,d,,/...,tJ.. I m ALT FUEL-OBI DEDICATED I ~ j ::; ;::;=:..';""'""" I ff~: cp .r t;;u « tr-. • Yf J 309 CONSOI.EBE'TMENIIUCKET SEA1S ~ -----------------~ SEATS: VINYL SEATS ..LJL.L!" I 313 SEATS:FRONTIIENCHSE._:-s _____ ~ ------------------/J"o. •• ~ Fl.00-G: RU88ER .tf!t!.A- j 402 REARWll'El\ 1~ (,,., ,j.-e,._ ,-J('/-, ~•Js .. ~ .Jj.1": c.3>)< -I'°' REM~-AlfflSPIN 6'.L..!l.. ---------------~---7 ~ ~ . i •30 ~------------~--~ c.. Im aG~ I uo .J l'o ....... j .... J :z_ac:.i,o." I ~!I r.:t..:t::i:::: ..... l m £M.!:f_ ----------,,-----:~---;;::-c. w • I 520 POl.'VER ~ 12 Q-t., _..1.:f.:.....::-:.i9::i::.t.../.!!:v.!!:.l~cLaLd°-£AJUweu;,<ci:.-4w:;.;,...,::..:/.~ .. ..,.._.,_~ c.~)< ! 530 POWER WINOCWS • L I ~ <. (" 2 c, · <41 DEL;;E OAY'!"IMEIAVTO tiE,At:l;Gr!TS I~ /.J"tJ-.... l 'C I /I''.] ~'"), ... ~-'ii·'-,· J ;;;o FLCOR MA";S FRONT ~D ~EAR ~ ..,. · r;:~l SH-PREF:RREDEC:JIPt;ROUP·SE~CS '.~ ~"( czJ(c \~) ,00 rl lGhWA V CRANGE ?.t.lNT t 1/i 1£. 1 • "0 · c." \ -·· ,/ . " I l ~ -... '!'·., .. ~.~-J ,. •,"",.• , ,; f ~'--\ • Class: SW4<4 Ropruentair.e MO<!ela : 1: FORD l; DODGE Co!orado 8la1lt Flftt llanagenient 2004 VEHICLE SPECIFICATIONS Dealers In-to llld Sody Code: K2 EXPLORER DURANGO PASS UTIL MEDIUM, 4X4 (S PASS) 2: CHEVROLET BLAZER. SMALL 4: GMC ENI/CY Page Jot l S/111r.OCD MAKE : of e <( MODl!l.: ,/!/ C.. l., C" /1::: OE.'111 MOOel." Cfj ".,c~TRIM LEVEL: /J r OEM CCDI: t: J ·--r AVAIL,\l!LE COLORS: PIHH ·-monufac:u,w color c:t'.art STANOAAO FACTORY WAAIWrTY (Alac:lt -ilad ~~ MIL:$ Jt fl()O Drive Train ... OPTIONAL FACTORY WARRANTY (A!ladl ~ ~~ /a.£. MILES E.".~ FUEL RATING: / f M.P .G C:TY, // M.P.GHIGHWAY ----- OEM MINIMUM l'UE1. RATED OCTANE:_· _____ .. ?.....,C.__ _____ _ OE._WERY~ /). / Z,. I DAYS FROM Of;ALER RECEIPT OI' ORDER F1'CM STATE 1E.G. 80 DAYS) IDEMTIFY ANY EXCE."TIONS TO SPECIF1CAo10NS: :lEAl.:R NAME: /) a. /" I ~ l & _?p .... .,. :t: G. • BIOOER'S NAME : OEAL:rl ?HCNE: ? / " -~ (I z. . ..{{" ? I SIGNA TI.IRE: Chevrolet Blazer 4dr 4WO Fleet CT10588 eOLaR AVAiLASILJTY COLOR C~. ~~0!5C)l 4dr4WD ~ EXTERIOR Light eewter Me1a111c (11 U) lndlg9 ~!Ult Melf.!Jic (~~~) B1ack(41U) Dal!( G~n ~~1111:: (4'7U) <summit While (SOU) Sand~ .... !flllc (~!iU) Vqory ~ed (7 4U) Dark Gherry Red Melalllc (~U) . . JtiTERIOR Med Gpht caray (12H) {92H} X X )(; )(; X X X X ® X X X X X X X i'l~pon content ,s based on current data ...,..,n referenced . Any performanca-relallld ~lalion1 are othtrad so1ely i s guia elines. Aciual unit performance \Viii oepeno on your operating conditions. ?~ Garoook,9, Sala 'lenlon: aG .Q, ~•ta uodated 99uol2G03 19:38 :00 AM X.-:>pyngn1 ··~ae ~wo3 Chrome SY1l'l!l'ls Ccirpmllon . .;11 ngt,ts rnarc CIJ IIOmet ~II : ~t emoer 17. '.!0 03 • ·:~:33 ~t,A WWW44Ai FROM I F A>: NO . : 3036975401 Nov . 16 2003 07 :38AM P2 ~-- (Ill&) November 14, 2003 Attn: Jim Tallent Englewood Wastewater 2900 South Platte River Dr. Englewood, Colorado 80110 Dear Jim, MAINOfflCE,: ~.o . a.:-;; DelMf, CO 80201·0028 Fax: 303-211-8909 Phone: 3()$.219•6801 As requested, please find lisled below our notice of award from the Colorado Department of Transportation for a 4-wheel drive rubbcr ·ti~ 3 yard loader,Volvo, model L-90-E base unit per term & conditions of Bid #HAA20-1 S9BA, and AwanfNumber 760Sl HAAOIM. Volvo 4-wheel drive rubber-tire loader, model L-90-E base unit. ~ Volvo hook-on coupler system for bucket and optional equipment Volvo 3 cu. yd bucket with teeth Two (2) front and (2) rear work lights Transmission quick shift button located on boom raise lever Additional operator manual Additional shop/service manual Factory air-conditioning Am/Fm Stereo Heated seat Two rear view mirrors mounlcd on the outside of cab Ride Control 110 volt engine block heater In -Line fuel heater 80 amp alternator Additional options : Purchase Price Volvo fork frame and tines ( S9" frame & S1" tines) Volvo material handlini fork $95,664 .00 S 3,490.00 S Included s Included S Included S 81.00 S 135.00 S 2,699.00 S 179.00 S Included S Included S 3,368 .00 S Included S 191.00 s Included s1os,101.oo I s J,soo.ool S 4,800 .00 [f you have any quest ions please feel 1Tee to contact me at the earliest opportunity. I look fo rward 10 hearing from you. NOii Eut L.11 -St. C<,lotlGO 5ogl CO 809QI Fu-ll9.31().M04 ,..... 7'1·31Z•l151 ,o .... , ... G,.,.,.,.._.COl15Cll '""' IID-Z0 ~7H -11'1-Nl·0111 Power Equipment Company Sales Representative Jed Kelly • • CAPITAL OUTLAY REQUEST ! Fund/Division 90-1702 ! Account 61401 Description of equipment or object expenditure: Heavy Duty Front End Loader Explanation of necessity or benefits of this expenditure: Large unit required for fann use, digging unloading pits, moving dirt, and loading of biosolids into trailers or spreaders from temporary storage pad(s). Existing unit is proving to be too small for the use in field operations. Total costs of placing equioment in full aperation Estimated Costs Unit Cost Total Cost Purchase Price 140,000 140,000 Installation Total 140,000 140,000 Less Trade-In Total Net Cost Annual Ooerating Cost Total First Year Cost ls this expenditure necessary because of increased personnel? No Recommendation for equipment displaced: Relocate to UEWWTP for use on site. Approximate date of purchase: Spring 2004 List and describe similar equipment in deparunent: Medium Duty Volvo Loader Purchasing Agent's Comments: ' City Manager's Review : Approved: __ Not Approved: __ • t • • -- COUNCIL COMMUNICATION DATE : AGENDA ITEM: SUBJECT: Vacation of Trolley Square December 1, 2003 11 a i Planned Development INITIATED BY : Dillon Real Estate Company STAFF SOURCE : Tricia Langon, Senior Planner Inc. PREVIOUS COUNCIL ACTION; There has been no previous Council action on this issue. PREVIOUS PLANNING COMMISSION ACTION; The Planning and Zoning Commission considered the applicant's request to vacate the Trolley Square Planned Development on October 21 , 2003. The Commission recommended approval of the vacation by a vote of 8 to O with the following condition: A Development Agreement between the City and Dillon Real Estate Company be recorded prior to the vacation of the Planned Development REQUEST; Staff requests City Council adopt a bill for an ordinance approving the vacation of the Trolley Square Planned Development overlay designation and approving a Development Agreement between the City and Dillon Real Estate Company Inc. regarding improvements and future land dedications as outlined in the attached Agreement BACKGROUND; The site is zoned 8-1 Business District with Trolley Square Planned Development overlay regulations approved in 1995. The site is approximately 5.5 acres in area and is located in an area bounded by South Broadway on the east, Englewood Parkway on the south, South Bannock Street on the west, and West Floyd Avenue on the north. The site includes the King Soopers grocery store and two general retail buildings. The site does not include the adjacent Kaufman's retail shop. In 1972 the City established Planned Development (PD) regulations as overlay regulations that sup erimposed additional development requirements upon base zone districts. The PD regulations we re adopted to "permit and encourage diversification in the location of structures. and the appropriate relationship of various uses and structures to their sites without inhibiting the potential advantages of new and imaginative techniques and concepts of design of urban land use .# The eD all ow ed minor variations in certain requirements such as setbacks or parking but generally did not affec t the underlying zone district regulations . It offered more flexible design and site planning op tions, but was not a rezoning. In 1994 the 8-1 Business District zoning regulations were amend ed to require that all development of one acre or more comply with the PD regulations. Th e site was developed as a use-by-right in 1984 under 8-1 Business District zone standards. The deve lopm ent included a grocery store, bi~evel retail along South Broadway, single-story retail along En glewood Parkw ay, and a two-story parking structure. In 1995 the site was redeveloped to re move th e parking structure and the bi-level shops along South Broadway. This redevelopment trigge red the Trolley Square PD application due to the 1994 regulation relating to the size of the prop erty. The redevelopment adhered to the B-1 District standards and did not take advantage of any fl ex ible deve lopment. o ptions ava ilable through the PD proc ess . ' . .. .. • • In 1996 the PD overlay district regulations were repealed and replaced with the Planned Unit Development (PUD). Pursuant to the PUD regulations: NPD developments approved prior to July 1, 1996, shall continue to be governed by the respective development plans and regulations of the underlying zone districts." The Trolley Square Planned Development has functioned under the development conditions imposed in 1995 which included: 1. Dedication of nine feet of property along the south side of West Floyd Avenue from the entrance of King Soopers to South Broadway for purposes of roadway improvements. Dedication of this property will not be required until warranted by traffic conditions as documented by the City of Englewood Department of Public Works. 2. Dedication of ten feet of property along the north side of Englewood Parkway from the entrance of King Soopers to South Broadway for purposes of roadway improvements. Dedication of this property will not be requirea until warranted by traffic conditions as documented by the City of Englewood Department of Public Works. ANALYSIS The PD overlay was required only because of the Code requirement that property greater than one acre be developed under the PD process . Public Works reviewed the above conditions and determined that: 1. This condition was imposed should traffic conditions necessitate adding a right tum lane from eastbound West Floyd Avenue to South Broadway. The Public Works Department believes this condition is still valid; however it may be achieved through a recorded agreement between Dillon Companies and the City. The PD overlay is unnecessary to achieve this . 2. This condition was imposed should traffic conditions necessitate widening Englewood Parkway or providing a right tum lane into the development The Public Works Department believes this condition is no longer necessary. Maintaining the Trolley Square Planned Development overlay designation is unnecessary if Condition 1 is addressed through an agreement and Condition 2 is no longer needed. The PD overlay adds no zoning value to the development since the development did not take advantage of the PD's flexibility options and complies with current zoning requirements. The overlay adds time and expense to the property owner because the overlay encumbers the property. Further, maintaining the PD overlay adds an additional regulatory layer because the City must administer a repealed ordinance. FINANCIAL IMPACT; There is no direct cost associated with this Resolution . LIST OF AUACHMENTS; Planning and Zoning Commission Findings of Fact Proposed Bili for Ordinance Development Agreement ' .... . .. • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #VAC 2003-01 FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS RELATING TO THE VACATION OF TROLLEY SQUARE PLANNED DEVELOPMENT INITIATED BY: DILLON REAL ESTATE CO., INC. 65 TEJON STREET DENVER, CO 80223 FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION Commission Members Present: Bleile, Diekmeier, Krieger, Mueller, Roth, Schum, Welker, Waggoner Commission Members Absent: Adams This matter was heard before the City Planning and Zoning Commission on October 21, 2003 in the City Council Chambers of the Englewood Civic Center. After considering the statements of staff 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 application for vacating the Trolley Square Planned Development was brought before the Planning Commission by Dillon Real Estate Co., Inc. 2. THAT the Planned Development was required only because of the code requirement that property greater than one acre be developed under the Planned Development process . 3 . THAT the 199 5 development fully complied with the B-1 District requirements and did not utiliz~ any Planned Development allowed reductions or variations. 4. THAT the Planned Development regulations were repealed in 1996. 5. THAT the Trolley Square Planned Development does not add value to the development since the original development complied with B-1 District requirements and the development, as it currently exists, complies with current B-1 and draft Unified Development Code requirements . t .• • • ·tD. 6 . THAT the overlay adds time and expense to the property owner because any development change would require an amendment to the Planned Development Further, the overlay encumbers the property since the Planned Development is recorded against the property. 7. THAT maintaining the Planned Development overlay adds an additional regulatory layer as the City must administer a repealed ordinance . 8. THAT the Planned Development overlay adds no value to the development since the development did not take advantage of the Planned Development's flexibility options and complies with current zoning requirements. 9. THAT a Development Agreement between the City and Dillon Real Estate Company, pertaining to land dedication for future West Floyd Avenue roadway improvements, be prepared and recorded prior to vacating the Planned Development CONCLUSIONS 1. THAT an application to vacate the Trolley Square Planned Development was brought before the Planning and Zoning Commission by Dillon Real Estate Co., Inc. 2. THAT the Planned Development overlay adds no value to the development because the original development complied with 8-1 District requirements, and the current development complies with current B-1 and draft Unified Development Code requirements . DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that the request to vacate the Trolley Square Planned Development 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 City Planning and Zoning Commission on October 21, 2003, by Ms. Krieger, seconded by Mr. Schum, which motion states: AYES : NAYS: ABSTAIN : ABSENT : TO APPROVE VACATION OF THE TROLLEY SQUARE PLANNED DEVELOPMENT WITH THE CONDITION THAT A DEVELOPMENT AGREEMENT BET'NEEN THE CITY AND DILLON REAL ESTATE COMPANY BE RECORDED PRIOR TO THE VACATION OF THE PLANNED DEVELOPMENT. Bleile, Oiekmeier, Krieger , Mueller, Roth, Schum, Welker, Waggoner None None Adams r • • These Findings and Conclusions are effective as of the meeting on October 21 , 2003. BY ORDER OF THE CITY PLANNING & ZONING COMMISSION .~Z.~ .... ORDINANCE NO. SERIES OF 2003 0 BY AUTHORITY AN ORDINANCE AUTHORIZING THE VACATION OF TROLLEY SQUARE PLANNED DEVELOPMENT IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood received a request for vacation of the Trolley Square Planned Development from Dillon Real Estate Co., Inc.; and WHEREAS, the site is zoned B-1 Business District with the Trolley Square Planned Development overlay regulations which were approved in 1995; and WHEREAS, the site is approximately 5.5 acres in area and is located in an area bounded by South Broadway on the east, Englewood Parkway on the south, South Bannock Street on the west and West Floyd Avenue on the north; and WHEREAS, the site includes the King Soopers grocery store and two general retail buildings, but does not include the adjacent Kaufman's retail store; and WHEREAS, the 1995 development of this site fully complied with the B-1 District requirements and the Planned Development overlay was required only because of the Code requirement that property greater than one acre be developed under the Planned Development process; and WHEREAS, in 1996 the Planned Development overlay district regulations were repealed and replaced with the Planned Unit Development (PUD) regulations which do not have that size restriction; and WHEREAS, the Planned Development overlay adds no value to the development since the development did not take advantage of the Planned Development's flexibility options and it complies with current zoning requirements; and WHEREAS , a Development Agreement between the City and Dillon Real Estate Company, pertaining to land dedication for future West Floyd Avenue roadway improvements and a Bannock Street Transportation and Utility Easement must be signed and recorded with the Arapahoe County Clerk and Recorder Office as a condition of the vacation of the Trolley Square Planned Development; and WHEREAS, the Englewood Planning and Zoning Commission reviewed the vacation of the Trolley Square Planned Development at their October 21, 2003 meeting and recommended said vacation at that meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : -1- ' ·, • • Section 1. The City Council of the City of Englewood, Colorado hereby vacates the Trolley Square Planned Development. Section 2. The City Council of the City of Englewood approves the Development Agreement, as shown on the attached Exhibit A. Such approval shall be conditioned upon the Property Owner meeting all of the conditions set forth in the Development Agreement. Introduced, read in full, and passed on first reading on the 1st day of December, 2003. Published as a Bill for an Ordinance on the 5th day of December, 2003 . ATTEST: Douglas Garrett, 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 C!f>: of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 1 day of December, 2003. Loucrishia A. Ellis -2- TROLLEY SQUARE PLANNED DEVELOPMENT-IOI ENGLEWOOD PARKWAY DEVELOPMENT AGREEMENT ENGLEWOOD, COLORADO THIS AGREEMENT, made and entered into by and between the City of Englewood, Colorado, hereinafter referred to as "City" and Dillon Real Estate Co., Inc., whose address is TA Box 5567, Denver, CO 80217-5567, hereinafter referred to as "Property Owner." WITNESS ETH.: WHEREAS, Property Owner is the owner of real property in the City of Englewood, Colorado, described as: In the Southwest 1/4 of Section 34, Township 4, South Range 68; Commencing at the Northeast comer of the SE 1/4 of the SW 1/4 of said Section 34; thence S.89°53 '01 "W along the north line of the SE 1/4 of the SW 1/4 of said Section 34 a distance of 50 feet to the west right-of-way line of Broadway; thence S.00°07'53" a distance of 199.49 ft. to the Point of Beginning -at the intersection of the south right-of-way line ofW. Floyd Avenue and South Broadway. Thence S.89°53'01" W. a distance of 594.61 ft. to the cast right-of-way line of South Bannock Street, thence S . 00°01"10" E. a distance of 339.83 feet to the intersection of the cast right-of-way line of Bannock Street with the north right right-of-way tine of Englewood Parkway, thence cast along the curve that is the north right-of-way of Englewood Parkway, along said curve to the right having a radius of 331.S ft. for a distance of 12S.64 feet, thence S. 54°47'24" a distance of 5 ft ., thence along the curve to the left having a radius of 231.5 ft. a distance of 141.62 ft ., tbcncc S .89°S0'22"E. a distance of 14 .8 ft ., thence S .00°07'53"W for a distance of 2.S ft, thence S. 89"S0'22"E for a distance of 235 .5 ft ., thence N00°07'53"E for a diatance of lOS.24 ft., thence S .89°50'22"E. for a distance of 92 .S ft. to the west right-of-way of Broadway, thence N00°07'S3"E. for a distance of 336 ft . to the point of Beginning. Also known as: Trolley Square 101 Englewood Parkway Englewood, CO 80110 WHEREAS, as a condition of approval by the City of Englewood for the vacation of The Trolley Square Planned Development and its Amendments and the re-development of th e Property , certain requirements as more fully set forth in Paragraph l below must be completed ; and WHEREAS, the City and the Property Owner desire to evidence their agreement re garding these requirements; NOW, THEREFORE, the parties hereto agree as follows in regard to the requirements for the Property . ' t • • t . Conditions and Regµirements. a. Property Owner agrees to dedicate an eight foot (8') wide Transportation/Utility Easement along South Bannock Street to capture the exiting sidewalk and utilities built along Bannock Street. b. Property Owner agrees to design and construct the improvements required to widen the signalized drive access onto Englewood Parkway by approximately S feet in order to allow free right exit movements. All improvements must be built in accordance with the public way permit requirements and City of Englewood Engineering Standards. c. Property Owner agrees to dedicate an additional nine foot (9') of right-of-way along West Floyd Avenue from the north drive access onto Floyd cast to Broadway when the City of Englewood determines traffic volumes or accident rates create the need for additional widening along West Floyd Avenue. At such time as it is determined that the additional right-of-way is required, the City will prepare the dedication documents and the Property Owner agrees to execute the documents within fifteen working days of receipt of said documents. Should the owner fail to execute said documents within the fifteen days, Owner agrees to pay the City's costs for acquiring this Right-of-Way. 2. Date for Completion of Improvements. Property Owner agrees to build the Improvements and dedicate the Transportation/Utility Easement as required in Paragraphs I .a and l .b above, in conjunction with any request for building or demolition permit. 3 . Indernnjficatjon, The Property Owner hereby agrees to indemnify and to hold the City harmless from and against all claims of every kind and nature, for injury or damage received or sustained by any person or entity in coMection with, or on account of, the performance of work at the development site pursuant to this Agreement, which is not caused wholly through the fault or negligence of the City, its agents, employees or representatives . 4 . Effective Date, The terms of this Agreement Shall be binding on all parties hereto upon signature by all parties. S . No Waiver. No waiver of any of the provisions of this Agreement shall be deemed or .constitute a waiver of any other provisions herein, nor shall such waiver constitute a continuing waiver unl ess otherwise expressly provided. 6. 7. Amendments or Modification. The parties hereto may amend or modify this Agreement only by written instrument executed on behalf of the City by the City Manager or his designee and attested to, after approval of the form of the instrument by the City Attorney, and executed on behalf of the Property owner by an authorized representative thereof. Ae,ents. Successors and Assi&Jls . The terms and conditions of this Development Agreement shall be binding upon and shall inure to the benefit of the Property Owner and the City and their respective successors and assigns . -2- ' .. .. • • 11•26·03 ; 1:46PM;KAOOEA NUV-crlUU~ ·111t 1u:.:l1 1111 \a. \i\fflJNJI Y 11t.v a. tie t1 car NGdwl& betaa conlllMd al CWlilulo ar ...... ._ ...a be liped Prvpciy Owner army of its _,io,.. • .... • employON of lbl CitJ. ,. .... dlia ~ OODDiM .......... --... pll'liel .. tO ... IUbjaac ..... llcna( 11111 ao 2 2 ... ,.._. or acv• .... 1IJ .._ pertJ or..-of..., pen;y • n 11a1 ..._. ill lldl.,.. ocmaot llllJI" vdcl ar ..... II ID tlll lllilltae-~ ad dlil 0.--,, DOI bo ....................... Wl'IIID&, ..... by .. ..... 10. aere:+iUSx II II m 1 ?F1DCMl ad apld l,y .. J*1N1 ........ it111y pmt, tam ar .... oltllil Colllluc ii lalld ID bo m.l CII' la ..&a wMa 1111 law• rtplalioll. • v.awky otllll--. ,-1lw or pmtalm allMtllo...., __ ..,. ... ...,.,, .. ollU ......... booamhlllllld ....... ., .. COlllllal 61 ut oomla die plltta1ar JIii\ 211111, ar pllWilia& lleld 1D bl lavalid. A!HOVBD THIS 25~ o1_11o_ ... _11er __ __. 20 o3 . ·.wm~ a>., DC. --> -,~ ST~TBOP <IIIO ~- ) .. COUNTY OP .;,,RANit__,_l"OI ____ ) ._ ..... ....._ ... .._..._ • ...__11111.25tb-,orllcmalm _ ~200,l.., bJ Jwa I. loy!. Tice~a,nm.L.i ._ Co .. Iac. WITMBSS-, md 1114 NIL My ·IOllllnlatoe ...-: l-15-.;>.oo~ ATl!ST: , 41 e r. U4 • • . .. • • 11-2'5-0:!; 1 :4'5PM;KAOOEA r«JV-i!b-iMJ~ Tut. 1u:.s1 1111 W: WIUl11T ~y ltBC•»tMBNDBD l'Oa #,IPI.OV AL: Br-.&Ci;-w,... !Ir DffllrJ RT -4- -~' Consider Reque st of Dillion Real Estate companies to Vacate the Trolley Sq . PD Staff recommends Approval of the request to vacate the Trolley Sq . PD overlay designation Approval of the attached Development Agreement pertaining to future development requirements for the property Considered and recommended for approval by P&Z on Oct. 21 The site is 5.5 acres Zoned B-1 Business District at 101 Englewood Pkwy, Trolley Square Occupied by K/S supermarket and the 2 retail buildings (Englewood Pkwy and at NE corner of the site NOT Kaufmans store. 1" ISSUE: PD PD is an overlay -requirements/ standards superimposed on the underlying base zone district requirements. 1972 PD regulations established PD allowed minor development flexibility but did not rezone property 1984 Site developed as use by right, PD not required Grocery two-level shops along Broadway & 2 level parking structure, single story retail on Parkway 1994 B-1 regs amended that property over 1 acre must be developed under a PD 1995 Redeveloped : removal of two level retail on Broadway & parking structure PD required only because of 1 acre triggering requirement. Proposal met B-1 Did not utilize PD flexibility options 1996 PD regs repealed . o -proce dure fer \•acatioR af e1ei,1ing PO, procedure for vt,Jdh,g PQ that wu Ret -dev~ ' • • Trolley Square PD conditions 1. Dedication of nine feet of property along the south side of West Floyd Avenue from the entrance of King Soopers to South Broadway for purposes of roadway improvements. Dedication of this property will not be required until warranted by traffic conditions as documented by the City of Englewood Department of Public Works . 2. Dedication of ten feet of property along the north side of Englewood Parkway from the entrance of King Soopers to South Broadway for purposes of roadway improvements. Dedication of this property will not be required until warranted by traffic conditions as documented by the City of Englewood Department of Public Works. Public Works reviewed the above conditions and determined that: 1 . This condition was imposed should traffic conditions necessitate adding a right turn lane from eastbound West Floyd Avenue to South Broadway. The Public Works Department believes this condition is still valid ; however it may be achieved through a recorded agreement between Dillon Companies and the City. The PD overlay is unnecessary to achieve this. 2. This condition was imposed should traffic conditions necessitate widening Englewood Parkway or providing a right turn lane into the development The Public Works Department believes this condition is no longer necessary; however in the future the City may require dedication of sidewalk area along Englewood Parkway. ANALYSIS 1. The PD was required only because of the code requirement that property greater than one acre be developed under the PD process. 2. PD unnecessary Condition 2 is no longer needed, • Condition 1 may be achieved through an agreement 3. Th e 1995 development fully complied with the 8-1 District requirements and did not utilize any PD allowed reductions or variations . 4. The Trolley Square PD overlay does not add value to the development because the original development complied with 8-1 District requirements and the development, as it exists today, complies with current B-1 and draft Unified Development Code requirements . ' .. .. ; . • • 5. The overlay adds time and expense to property owner because any development change would require an amendment to the PD . 6 . Further, the overlay encumbers the property as the PD is recorded against the property. 7. Maintaining the PD overlay adds an unnecessary regulatory layer because the City must also administer a repealed ordinance. 8. The PD overlay adds no zoning value to the development since the development did not take advantage of the PD's flexibility options and complies with current zoning requirements. 2ND ISSUE Development Agreement Reviewed and recommended for approval by Public Works Director Prior to any permits for re-development 1. Dedication of 8' wide Transportation/Utility easement for sidewalk along S. Bannock 2. Widen the access from the site onto Englewood Parkway to provide a free right turn exit lane 3. When determined necessary by the City dedication of a 9' of right-of-way along West Floyd to provide a right turn lane onto Broadway. Recommend Vacation of Trolley Square PD overlay, which will return the site to standard B-1 Business District zoning requirements Approval of the attached Development Agreement pertaining to future development requirements • • oat)l'fANCE NO. SE~SOF2003 BY AUTHORITY COUNCIL BILL NO . 77 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDJNANCE'PROVIDIWO FOR THE INSTALLATION OF ALL-WAY STOP SIGNS AT KNOX COURT AND TUFTS A VENUE IN THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, a petition signed by a majority of the residents in the area of Knox Court and Tufts has been forwarded to the City requesting a four-way stop at this intersection; and WHEREAS, this issue was reviewed by the Traffic Engineer in the Public Works Department, who dctcnnined that an all-way stop was not necessary in this area at this time; and WHEREAS, pursuant to Englewood Municipal Code l l-l-3-2B, when the City Council, for the purposes of public health, safety and welfare, makes a dctcnnination which is different from that of the Traffic Engineer, such regulations may be imposed by Council after a public hearing and testimony . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT : Section I. Upon finding that it is necessary for the public health, safety and welfare of the citizens of the City of Englewood and after holding a public hearing on the issue, the City Council requires that the Public Works Department install and maintain official traffic devices for an all-way stop at the intersection of Knox Court and Tufts Avenue in the City of Englewood, Colorado, and that such installation be completed within fourteen days of the final reading of this Ordinance . ' Introduced, read in full, and passed on first reading on the 3n1 day of November, 2003. Public Hearing was held on November 17, 2003 . Published as a Bill for an Ordinance OD the 7"' day of November, 2003. Read by title and passed on final reading on the 1st day of December, 2003 . Published by title as Ordinance No ._, Series of 2003, on the s• day of December, 2003. Douglas Garrett, Mayor ATTEST: Loucrishia A. Ellis, City Clerk - -. ,/ CORRECTION THE PRECEDING DOCUMENT OR BLANK FRAME HAS BEEN REMICROFILMED TO ASSURE LEGIBILITY AND ITS IMA GE APPEARS /MMEDIA TEL Y HEREAFTER. ) I ~NO. SERJ!S OF 2003 BY AUTHORITY COUNCIL BILL NO . 77 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE PR'OY1l>l1'fO FOR THE INSTALLATION OF ALL-WAY STOP SIGNS AT KNOX COURT AND TUFTS AVENUE IN THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, a petition signed by a majority of the residents in the area of Knox Coun and Tufts has been forwarded to the City requesting a four-way stop at this intersection; and WHEREAS, this issue was reviewed by the Traffic Engineer in the Public Works Department, who determined that an all-way stop was not necessary in this area at this time; and WHEREAS , punuant to Englewood Municipal Code 11-1-3-28, when the City Council, for the purposes of public health, safety and welfare, makes a determination which is different from that of the Traffic Engineer, such regulations may be imposed by Council after a public hearing and testimony . NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT : Section J. Upon finding that it is necessary for the public health, safety and welfare of the citizens of the City of Englewood and after holdina a public heariJla oo the issue, the City Council requires that the Public Works Department install and mainlain official traffic devices for an all-way stop at the intersection of Knox Coun and Tufts Avenue in the City of Englewood, Colorado, and that such installation be completed within fourteen days oftbe final reading of this Ordinance . lnttoduced, read in full, and passed on tint reading on the 31'11 day of November, 2003. Public Hearing was held on November 17, 2003 . Published as a Bill for an Ordinance on the _.,. day of November, 2003 . Read by title and passed on final reading on the 1st day of December, 2003 . Published by title as Ordinance No .--·' Series of 2003 , on the s• day ot"December, 2003. Doua1u Garrett, Mayor ATTEST : Loucrishia A. Ellis , City Cleric I, Loucrishia A. Ellis, Cicy Clerk of the Cily of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No ._, Series of 2003 . Loucrishia A. Ellis -' . SER.JES OF 2003 A RESOLUTION FOR THE APPROPRIATION AND TRANSFER OF FUNDS. WHEREAS, the Englewood City Council held a 2004 Budget Reucat on September 27, 2003 to discuss the proposed 2004 Budget; and WHEREAS, City Council approved the 2004 Budget and Appropriation on final reading on November 3,2003;and WHEREAS. City Council discussed the 2004 Budget at the November 24, 2003 Study Session and directed staff to amend the 2004 Budget as to the Safety Services Department and Municipal Court; NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : ~-The Englewood City Council hereby amends the 2004 Budget as follows: GENERAL BJNP Source of Funds : Unrescrvcd/Undcsignatcd Fund Balance use of Fuw;t.s · Safety Services Dcpanmcnt: Staffmg Pension Contribution Total Municipal Court: Staffing to Continue Office Hours Deferred Revenue Sales Tax Account $627.500 $310.SOO 1llD.!IW $480,500 S 47,000 $100,000 ~-The City Manager and the Director of Financial and Adminillralive Services are hereby authorized to make the above changes to the 2004 Budget of the City of Englewood. ADOPTED AND APPROVED this 1• day of December, 2003 . ATTEST: Douglas Garrett, Mayor Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis , City Clerk for the City ofEnalewood, Colondo , hereby certify die above is a ttuc copy of Resolution No ._, Series of 2003 . Loucrisbia A. Ellia, City Clertt COUNCIL COMMUNICATION Subject Date December 1, 2003 Agenda Item 11 Ci Supplemental Appropriation to the City of Englewood 2004 Budget for the Safety Services and Munici I Court De Initiated By Staff Source De artment of Finance and Administrative Services Frank G ewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council held a 2004 budget workshop on September 27, 2003 to discuss the proposed 2004 Budget. City Council approved the 2004 Budget and Appropriation on final reading on November 3, 2003 . City Council discussed the 2004 Budget at the November 24, 2003 study session and directed City staff to amend the 2004 Budget at that time. RECOMMENDED ACTION Staff recommends City Council approve the attached resolution for a supplemental appropriation for the Safety Services Department and the Municipal Court. The attached supplemental appropriation amends the 2004 Budget as determined by City Council at the study session held on November 24, 2003 . The supplemental appropriation provides funding for two desk officers ($99,500), three police officers ($211,000), estimated pension contributions ($170,000), and Municipal Court staffing to continue office hours ($47,000). The sources and uses of the funds are : GENERAL FUND Source of Funds; Unreserved/Undesignated Fund Balance $627,500 Use of Funds: Safety Services Department: Restoration of Positions and Pension Contribution $480,500 Municipal Court: Personnel Expenditures to Continue Office Hours $47,000 Deferred Revenue Sales Tax Account $100,000 The City of Englewood is required by City Charter to ensure that expenditures are not made without proper appropria tion by City Council. The attached resolution appropriates funds to ensure that the City of Englewood complies with legal restrictions governing local budgeting. FINANCIAL IMPACT These supplemental appropriations will reduce the projected General Fund unreserved fund balance by $627,500. The projected unreserved/undesignated fund balance at December 31, 2004 will be $3 ,403 ,052 or 10.3 percent of budgeted revenues . LIST OF ATTACHMENTS Proposed resolution " • • COUNCIL COMMUNICATION Date Agenda Item December 1, 2003 11 C ii INITIATED BY: Community Development Subject: A Resolution Approving FY2004 Community Development Block Grant Application STAFF SOURCE: Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Housing and Community Development Previous Action: City Council has approved resolutions to file Community Development Block Grant (CDBG) applications annually since 1977. Ordinance 39, Series of 1994, approved an Intergovernmental Agreement to participate in the Arapahoe County CDBG Entidement Program for federal fiscal yea rs 1995 through 1997. Participation in the entidement program is in three-year increments and, for funding years 2004 through 2006, was extended by approval of the City Manager with the execution of Amendment Number Three dated June 26, 2003 . RECOMMENDED ACTION Staff recommends that Council approve a resolution authorizing staff to apply to Arapahoe County for the City of Englewood's portion of federal fiscal year 2004 Community Development Block Grant (C DBG) funds . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The U . S. Dept. of Housing and Urban Development (HUD) CDBG Entidement Program provides grants to units of local government and urban counties to meet housing and community development needs . The objective of the program is to enhance urban communities by providing: • decent, safe, affordable housing; • improved infrastructure; • public facilities and services; • r,conomic opportunities. TI,e Federal Program objectives are achieved through projects developed by local governments that primarily benefit low and moderate income families and other federal objectives. The request for funds may also include activities that meet other urgent development needs in communities such as damage from flooding. tornadoes, fire, etc . Local governments determine which activities best serve the objectives of the program. .. • • Funds are appropriated annually by the Congress for the CDBG program and are allocated by statutory formula to each entitlement area. Arapahoe County Is an approved entitlement area. The grant funds are currently distributed to participating cities within Arapahoe County on a flat rate based on each jurisdiction's poverty population based on the latest census information. The current participating jurisdictions are the Cities of Englewood, Littleton, Sheridan, Glendale, Deer Trail, and Greenwood Village plus unincorporated Arapahoe County. The funding level for the City of Englewood for FY2004 is anticipated to be $150,000, the same as it has been for the past 2 years . An additional non-jurisdictional pool of funds of $400,000 to $500,000 is also available directly from Arapahoe County for projects that benefit persons living in any part of the county. The City of Englewood must submit an application in order to receive its estimated set-aside of $150,000 from the FY 2004 Arapahoe County CDBG Program . Englewood's FY2004 program consists of four possible projects that meet current housing and neighborhood needs. All projects are subject to additional review by City staff, Arapahoe County CDBG administrators and the County Commissioners. The listed projects and funding levels may change based on those reviews. FY2004 CDBG funds will be requested for the following projects : 1) $5,000 for a handyman/small rehab project to assist seniors and disabled persons with minor household repairs; 2) $20,000 for the Housing Rehabilitation Project to provide loans to low-income homeowners to finance the costs of major household repairs and improvements; 3) $50,000 for a fourth-year request to assist with staffing needs for the House of Hope homeless shelter; 4) $75,000 for a neighborhood revitalization "paint-up/fix-up" project designed to improve the visual appearance of a targeted residential area within the City. FINANCIAL IMPACT Existing Community Development staff will administer the proposed projects. Staff salaries and benefits represent the City's participation In the projects. LIST OF ATTACHMENTS Resolution ~-SERIES OF 2003 RESOLUTION BY THE CITY OF ENGLEWOOD AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO, TO FILE AN APPLICATION WITH ARAPAHOE COUNTY FOR A 2004 COMMUNITY DEVELOPMENT BLOCK GRANT. WHEREAS, the Englewood City Council has approved CDBG applications since 1977 and approved the execution of an Intergovernmental Agreement with the passage of Ordinance No. 37, Series of 1991, covering the City's participation in the Arapahoe County CDBG Entitlement Program for funding years 1992 through 1994; and WHEREAS, the Englewood City Council approved passage of Ordinance No. 39, Series of 1994, authorizing the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County covering participation in the Arapahoe County CDBG Entitlement Program as extended by Amendment No . 3, for funding years 2004 through 2006; and WHEREAS, the Arapahoe County Community Development Block Grant Program provides grants to participating municipalities to meet housing and community development needs; and WHEREAS, to compete in the Arapahoe County Community Development Block Grant Program, local governments must submit an application; and WHEREAS, the City of Englewood has m:eived a notice of fund availability; and WHEREAS, the City of Englewood, Colorado desires to apply for these funds dlrouat, the Arapahoe County 2004 Community Development Block Grant to fund the Housin& Rehabilitation Program and neighborhood revitalization projm. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGL EWOOD, COLORADO, THAT : Section I. The City of Englewood, Colorado, is hereby authorized to file an application for an Arapahoe County 2004 Community Development Block Grant. ~. The Mayor and City Clerk are authorized to sip and anat all necessary forms , documents, assurances and certifications for the Community Development Block Grant for and on behalf of the City Council and the City of Enalewood. ADOPTED AND APPROVED this 1st day of December, 2003 . Dou&lu Ganett, Mayor Anest : Loucrishta A. Ellis , City Clerk ' .. • • I, Loucrisbia A. Ellis, City Clerk for the City of Englewood, Colorado, bcrcby ccnify the above is a bUe copy of Resolution No. __ , Series of 2003 . Loucrishia A. Ellis, City Clerk - 0 ·• • • __ _..;....;-..::.-=i<:.....::,=-------~--- 1. 2 . 3. 4. ·,I{)_ can to ~rder k.:w Invocation~~:::!\!.:....:....:.~~;:-: Pledge of Allegiance__.:_ __ _ Roll call Members: ? present CC 1/JW minutes s.ruui ~ l/ rrr;/o ------ ' absent •· • ·• • • r\ . l~J ( --- l l ,.i _ __). . ' • • ' . . ' . . 7? I . . • • ·• • • • 0 ... . ' • • • ·• -. . . • f.J ~ 1:J . . ' • • ·• -· ' . • 0 . ' . . •· . . . / • • - • 1. 2. 3 . 4. ENDA FOR THE lAR MEETING OF ONDAY, DECEMBER 1, 2003 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. (l:{) rJvWL~ .• .! ,;=,o,~ v~F/ r-.dg,olAll.,;,oc,.~ ~~ RollCall. ad '1 ~ 5 . Minutes. orpJW1,,1~ 1~m ,he'""'" Cl~ Co=H m,..,, of N°"""""' 17, 2003 . 6 . Scheduled Visitors . '(Please limit your presentation to ten minutes.) ~~ a. City Council will recognize the 2004 Englewood Calendar Artists. Services Director Chris Olson will be present to recognize Safety S e recently honored with awards . i. Council Bill No. 88 · Recommendation from the Littleton/Englewood Wastewater Treatment Plant lo adopt a 6hl for an ordinance approving an Amendment for Delegation of the Pretreatment/Industrial Waste Control Program Responsibilities with the Denver Metro Wastewater Reclamation District. STAFF SOURCE: SleWMt H. Fonda, Direc:tDr of,Utlllles. Please note: If you have a disability and need auxiliary aids or services, please notify lhe City of Englewood (303- 762-2 405 } al least 48 hours In advance of when services are needed. Thank ,. ' .· .. .. .. • • -... 0 (J Eng lewoo d City Council Agenda December 1, 2003 Page 2 ii. Council Bill No. 8 7 ~ecommendation from the Safety Services Department to adopt a bill for an ordinance accepting 2004 Victim Assistance Law Enforcement Grant funding. STAFF SOURCE: Chris Olson, Director of Safety Services. b . Approval of Ordinances on Second Reading. (!)J-11~ (J?IJ j!ii. {f) d =1 '1,/ iii. (fldl/Qv. (J;JJI. ~;v. Council Bill No. 64, approving an Intergovernmental Agreement with the Army Corps of Engineers for an Air Monitoring Unit at the Englewood Golf Course. Council Bill No. 78, approving the 2003 City Ditch/High Line Canal Agreement for delivery of raw water. { Council Bill No. 80, approving a License Agreement and Grant of Temporary Construction Easement for 2890 S. Clarkson Street Council Bill No. 81, approving an Agreement Regarding Cesign and Construction of Drainage and Flood Control improvements for Marcy Gulch at Englewood Ditch Council Bill No. 82, approving a Standard Connector's Agreement with the South Englewood Sanitation District. c . Resolutions and Motions. i. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, btJ]Jotion. the purchase of five vehicles through the Colorado State Bid process, for a total of $165,810.00. STAFF SOUR(.'E: Stewart H. Fonda, Udllties Director. 11 . Regular Agenda . i. Council Bill No. 77, providing for the installation Tufts Avenue. c. Resolutions and Motions. Ple ase no te: If you ve a disability and need auxiliary ald!t or services, pluse notify the City of Englewood (303-762-2 405 ) at least 48 hours in advance of when services are needed. Thank you . p ,, ' .... .. • • Englewood City Council Agenda December 1, 2003 Page3 ii. Recommendation from the Community Development Department to adopt a resolution !Al approving a Community Development Block Grant Application for 2004. STAFF j'40'~rimmett, Housing Rnance Specialist.~ 12. General Discussion. a. Mayor's Choice. ~ Members' Choice. ~ Council ~ti~g~on 9ecember 8, 2003 at 6:00 p.m. to discuss ~'/,VG~-~ 13. City Manager's Report 14. CityAttom:;:~ Adjournment. o vJT - The following minutes were transmitted to City Council between November 14 and 26, 2003: • Englewood Police Officers Pension Board meetings of January 9 and May 28, 2003 • Englewood Firefighters Pension Board meeting of July 10, 2003 • Englewood Board of Adjustment and Appeals meeting of September 10, 2003 • Alliance for Commerce in Englewood meeting of October 9, 2003 • Englewood Parks and Recreation Commission meeting of October 9, 2003 • Englewood Transportation Advisory Committee meeting of October 9, 2003 • Englewood Publlc Library Board meeting of October 14, 2003 • Englewood Code Enforcement Advisory Committee meeting of October 15, 2003 Please note : If )'OU have a disability and need auxiliary aids Of Jel'Vices, please notify lhe City of Enatewood (303-762 -2405) at least 48 hours in advance of when 5el'Vices are needed. Think