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HomeMy WebLinkAbout2003-12-15 (Regular) Meeting Agenda Packet- / 0 ·• • • .. .. • '( •• . . ' ... . , . / . ,. . , "' ., . • •' ·• .... ... •1.• • . . . . f?~~icy Council Meeting oe1';iber -~ 2003 / Ordinance II~ j((, ..-(: ~ ~ Resolution II~././. 9~ "l ,· I l I .3r" • 'J • , .. . . .•· .. ,· ' • • • • \, 0 . • I, . . ' I • ' • ' • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session December 15, 2003 I. Call to Order The regular meeting of the Englewood City Council was called to order by Miiyor Garrett at 7:40 p.m. 2. Invocation The invocation was given by Council Member Barrentine . 3. Pledge orAUeglance The Pledge of Allegiance was led by Mayor Garrett. 4 . Roll Call Present : Absent: A quorum was present. Also present : 5. Minutes Council Members Tol!IU50 . MOOR . 8-ne. Ganett. Bradlhaw, Wolosyn. Yun:hick None City Manager San City Anomey Browmn Assillallt City Ma....-Fllllcny Deputy City Clcrlt Wlutc City Clerk Ellis Director Olton, Safct) Scn11:a Director Lona, Llbnry Senior Planner l..apl. c~ Dewelopmenl Director Rou. Public Woru Director Fonda. Utlllba Director ln,le. lnforlllilbOII Tedlnolos Director Clr)a)ewln. F,_ and AdaumwatJve Services Director S•ffll*l". C..-Dnelopmenl Planner Fruchd. ~ 0e,c1opmc111 Mmllfcr Slowe. w..,.aeerTrabllelll Plant OperaboM ~ T Intl. W-waier Treatment Plant Serfealll Colhm.. kf 5cn'M:CS (a) COUNCIL MIMID WOLOIYN MOVED. AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE u:cuua CITY COUNCIL MEETING OF DECEMBER 1, 2003. Voleraulu: • • • Englewood City Council December 15, 2003 Pagel Ayes: Nays: Motion carried. Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Yurchick, Tomasso None (b) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF DECEMBER 8, 2003. Council Member Yurchick noted he was late, not absent, for that meeting. Mayor Garrett said the minutes show you arrived after roll call, at 6: 12 p.m., and you participated in the vote. Is that sufficient? Council Member Bradshaw said yes. Vote results: Ayes: Nays : Motion carried. 6. Scheduled Vlslton Council Members Barrentine, Moore, Bradshaw, Garrett, Wolosyn, Yurchick, Tomasso None (a) Michelle Martinez from Washington Mutual, Jonathon Fore, Principal of Sinclair Middle School, and Dr. Patty Meek from Sinclair Middle School were scheduled to discuss Sinclair's participation in Washington Mutual's "Horne of the Free" program. Mayor Garrett said we had a reception prior to this meeting and most of the people were able to speak at that time on the "Home of the Free" program. He said for those that are here and missed the reception, please take a look at the fine art work that came from Sinclair Middle School. (b) Mayor Garrett ;;aid there is a group here to address the City Council regarding an A1A Denver award. Michael Hicks, Vice President of the American Institute of Architects, Denver Chapter, said Ben Wilking, our current President, would have been here tonight, but his father passed away last week, so, I am here to represent the Chapter this evening, as Denver's AIA 2004 President. Mr. Hicks said I would like to state, for the record, that in 1967 I graduated from Englewood High School. He stated I also have to say, for the record, the last time I was in this building, I think I bought a suit. I really love what you have done with the place and it is wonderful how Englewood has evolved. I loved growing up here. My Dad took me to Denny Miller Field before there was a Cinderella City. And hanging o ut, in high school, at Cinderella City was a lot of fun , but I think it is a much better place today. I think you have done a great, great thing for the City. Mr. Hicks stated that the American Institute of Architects represents 70,000 architects in the United States. The Denver Chapter represents 1,100 architects in Denver and we are the 11 111 largest chapter in the United States. We arc here to give a special presentation. SU2Ctte Emerson, Treasurer, of the Denver Board of Directors for AIA Denver will give the presentation. Ms . Emerson said we would like Director Bob Simpson to please stand with us during this presentation, because we want everyone in the audience to be aware of whom we are talking about. As Mr. Simpson made hi s way to the podium. Ms . Emerson said I also want to stale for the record, that we are all uchitects and this is an award given to a non-architect. But. she said, as treasurer of the AIA Denver Chapter, I want • • Eqlewood City Coundl December 15, 2003 Page3 you all to know that we were under budget this year by about $25 ,000.00. We wanted to put that in writing because most people think architects can never come in under budget. Ms. Emerson said the award that was given to Bob is called the 'Contribution to the Built Environment'. It is one of AIA Denver's special awards and it is given to a non-architect each year, if there is an appropriate candidate. She said the objective is to recognize outstanding accomplishments by a non-architect in Colorado for demonstrating exemplary achievements in contributing to the quality of the built environment. AIA Denver intends to bring recognition to individuals from diverse backgrounds for their professional contributions to maintaining, preserving, developing or promoting Colorado's built environment. She said I also wanted to give you some of the reasons why we all felt he was a very appropriate candidate and why he won this award. She stated most of you know these things, but some of you may not. Director Simpson's leadership in rejuvenating Englewood's Broadway Business District, his leadership in integrating art into the community, redeveloping Brownfield projects, helping with affordable housing and the main reason, in my opinion, at least., is the redevelopment of Cinderella City. where we are now ... CityCenter Englewood. I know Mr. Simpson worked closely with all the developers, the design team, the Mayor, the City Manager. the City Council and everyone involved. I don't think there is any way that this would have turned into just another strip-center, not with Mr. Simpson as the Community Development Director. He played a significant role, as we all know and gave Englewood a hean. I would like to list a few other people who have won this award over the last several years. for you to get an idea of the caliber of people Mr. Simpson is associated with . Mark Johnson of CIVIT AS won this award in 2002, Mickey Zeplin won this award in 2001, Dana Crawford was presented this award in 1999 and Mayor Federico Pena was given this award in 1997. Ms. Emerson said we wanted to be here tonight to honor him, congratulate him and make sure everyone knew what a great guy he is. There was applause. Mr . Hicks said the formal award was presented at our awards gala a couple of months ago and there were 300 architects in attendance. Again, it is a wonderful award for a wonderful guy who has done marvelous things for this great City. We appreciate ii. Congratulations. There was applause ( c) Mayor Garrett said in keeping with the celebratory nature of the evening, Mr. Eric Crotty. Chair of Keep Englewood Beautiful, will present the 2003 Holiday Lighting Awards this evening. Mr . Crotty, assisted by Jackie Edwards, Co-Chair of Keep Englewood Beautiful, prescnted ribbon& and certificates 10 all of the winners who were present and they were given a round of applause. Mayor's Choice Award Lifetime Holiday Spirit Award Excel-lent Award Disney Award Angelica Award Doh! Award Air Sick Santa Award Fung Shui Award Artistic Impressions Award Best Use of Parking Lot The Miller Family Ron and Melanie Kloewer Richard and Alice Kloewer Alex Herron Rich Morales The Patrnor's and Grandson Soloman Cyndi Krieger Kim and Opal Boucher Donald C. Herzog Andrew Co mins ., ' En&lewood City Coundl December IS, 2003 Page4 Honorable Mention Doug and Debbie Haas Lynette J . Warren Patricia A. Lobb Thomas Cordova Shim and Paula Feasel Randall Nylander Mark A. Greiner Mr . Crotty said there are signs available at this time, for the winners to post. He thanked them all . Council Member Bradshaw thanked Mr. Crotty for his hard work . Council Member Bradshaw asked if there was any way the Herald could publish a story with the addresses of the winners, so the citizens could take a tour of Englewood and see the lights . Planner Fruchtl said staff would be sending a letter to the Herald that depicts the winners and their addresses . Ms. Bradshaw said good , because I would like to drive around ,.nd see them all. (d) Director Fonda introduced Dennis Stowe and Jim Tallent and asked them to discuss the recent award received by the Wastewater Treatment Plant ... a First Place National EPA Award . Operations Manager Tallent passed the award to Council for them to look at. He said this is lin award that was issued to us this year and it is our fourth First Place National Award . Mr . Tallent stated this award is for our Biosolids Program. We manage and operate disposal of biosolids produced at the Wastewater Plant on the farm that the City owns. He said this award was presented at the National Convention in Los Angeles in October . Mr . Tallent said we are very proud of it. Manager Stowe said this is very similar to an award that we received over ten years ago. The EPA pve us a Biosolids Award while they were suing us for the Lowry µndfill . It took them ten years to realize that they really hadn't made a mistake by giving us the award back then, that it was really a good thing to do. Manager Stowe said there is one Olha award I would like to mention , it is an individual award eamed by one of our staff. The Water Environment Federation has a series of awards they give out every year. Process Specialist Greg Fanner, earned the Phillip A. Morgan Award . The Morgan Award is for research conducted at a wastewater plant, that is then used in a full-sca:c project. Mr. Farmer was working on a way 10 remove nitrate from our wastewater. That is an upcoming requirement we will have . Mr. Stowe said the research lead to the design of a full-sodc system that will be installed in the construction project beginning next year . He stated it really doesn't save anything in capital costs , but we expect that the results of Mr . Farmer's research will save a considerable amount of money in operating costs evtky year for that S)o.ltem. Manager Stowe said we are really proud that Mr . Farmer earned the award . He actually earned it working with some really high powered, senior people with Brown and Caldwell, our consulting firm . So, Mr. Stowe said, we arc really proud of his work . Mayor Garrett said congratulations . There was applause . (e) Diane Wray , 3058 South Cornell Circle, said I am on the Board of the Englewood Historical Society and I want to make a brief presen111ion tonight reprding the Commercial Federal Bank at 4301 South Broadway. that is currently being threatened by demolition . Ms . Wray staled that during the 1950's and 1960's, Englewood was a vital , growing and forward looking community, much u it is today . Spurred by the expansion of residential development after the war , due 10 the GI Bill. which hel . J ' . ,• • • 0 Englewood City Council December IS, 2003 PageS ·• • returning young soldiers afford new homes of their own, Englewood leaped from the status of small town to the fifth largest community in Colorado, and undertook a program of commercial, retail and financial development commensurate with its population growth. Englewood can claim few buildings designed by architects with important national reputations, but, Ms. Wray said, in 1954, a young architect named William Muchow was commissioned to design the First National Bank of Englewood at 3311 South Broadway. His firm was just four years old, but he was already beginning to make his mark in the area. She stated the building was a remarkable example of international style, a strikingly modem building of glass, steel and stone that set the tone for the City's future. In 1962, his work in the region drew another banking establishment, First Federal Savings, to commission a new bank building at 38th and Lowell in Denver. That same year, First Federal Savings merged with the First Federal Savings and Loan of Englewood at 3496 South Broadway. Ms. Wray said First Federal Savings was a distinguished institution founded in 1885 and according to their brochures, the association served through 1893, 1907 and the Great Depression of the l 930's, never failing to meet a withdrawal request, never losing a penny of savings. To accommodate the growing organization, Muchow was commissioned to design a second building in Englewood at 4301 South Broadway. The new bank was sited approximately at the end of the Chcrrelyn Horse Car Linc, where the car turned and the horse, rode behind, on the trip down hill. DcspilC the historic location, the bank billed itself as "a modem Savings and Loan facility". The text of the Grand Opening brochure reflected the spirit of the times, "It is with great pleasure that we dedicate for your use another First Federal Savings office. This beautiful new building by W . C. Muchow, Architect, was designed to serve Englewood, Littleton and south Denver areas. The entire project is set on a landscaped plaza and will be an outstanding addition to the famous Cherrclyn business area. Through 78 exciting years, the Association, now over fifty million strong, is planning other advances for 1962. The installation of the Univac Data Processing System will further improve the services of the Association." So this shows we are at a cusp when we arc going into a brand new period in our local history. Thus the convergence of the Golden Age of Englewood prosperity, saw the construction of two distinguished bank buildings by the man who would become one of the most respected and honored architects of the post-war period in the Rocky Mountain Region. Born in Denver, Muchow studied at Notre Dame, the University of Illinois and perhaps most notably, under Elicl Saarincn at the Cranbrook Academy. Ms. Wray stated since the AJA was here to honor our own Director Simpson tonight, I will also mention that Muchow was a prominent figure in the AJA serving as a member of the AJA Jury of Fellows, Chairman of their National Awards Committee, Chancellor of the College of Fellows and Director of their Western Mountain Regional office. In the three decades between 1950 and 1980. his work was also honored by more AJA awards than can be mentioned here. Again, she said. from the opening brochure, the building is described, "the design of the building is unique in that the roof structure is carried on four columns which rise up through the lobby, extending vertically through the roof plane and terminating at skylight pyramids flooding the lobby with natural daylight". Extensive use of brick, both inlerior and exterior, along with the design of rich walnut and accent coloring, creates a pleasant environment. This kind of engineering works, specifically, in combining the structural plan of the building with the appearance of it, later played out most famously in the recently demolished Currigan Hall, also by William Muchow, which was internationally recognized for its advances and space frame construction. But in addition to being so very advanced in their own operations and through their architect, the bank also proudly featured a collection of photographs taken around 1885 by Joseph Collier and his son, Robert, one of the founders of the Association who were pioneer Colorado photographers. A unique feature of the building was a community room, which was available for the use of clubs, organizations, civic and educational groups. First Federal made no charge for the use of tliis community room. With the redevelopment of the former Cinderella City site reaching completion, it is natural that the City of Englewood has begun to examine ways to revitalize the South Broadway Corridor in Englewood. But redevelopment within a densely developed corridor is not as easy as the clearing and construction at the Cinderella City site, as the failed Trolley Square project demonstrates. That project clear-cut a key block, leaving a visual gap and an anywhere suburbia feeling that overwhelms our sense of Englewood as the hi storic small town that it is. In the process, by the way, it also demolished William Muchow's first bank building in town, the First National Bank of Englewood. that architectural gem of the early post-war years. "' t .. • • Englewood City CouncU December 15, 2003 Page6 Historic preservation must take a primary role in the revised Broadway Plan. Modem architecture of the 20m century, not traditional architecture of the 19m, represents the majority of the landscape on South Broadway in Englewood. The First Federal Savings building is the finest commercial building of the international style in our City . I request that the City Council and the Community Development Department undertake discussions with Commercial Federal Bank, the current owner of the property, to stop the planned demolition of this important and historic Englewood building . A nomination for Englewood landmark listing is nearing completion and I request that demolition be delayed until a historic assessment of the structure can be made in the context of the overall redevelopment of Broadway. This remarkable building, architecturally significant, and representative of Englewood's great Golden Age of the post World War II years, should be saved and made the centerpiece of a Broadway Plan that values preservation and promotes measured, and incremental change, over demolition. In this way, the small town environment of Englewood, that our community so values, can be retained. Thank you. Mayor Garrett thanked Ms. Wray . 7. Unscheduled Vlslton (a) Eric Crotty said I would like to speak in favor of Ms. Wray's comments. I don't have a prepared agenda, however, I think that in reference to the preservation of modem structures, they are often disregarded as too new. I have seen other cities that have had the opportunity to preserve buildings that represent a significant contribution to that period. I request that the Council consider that this is part of the legacy of Englewood and although. not terribly well respected at this point in time, in the next 30 to 50 years, there will be significant losses of modem architecture and this is our opportunity to save some of that. I understand the demand in modem commerce for efficiency and to actually reconstruct things and make them more of our time. However, the adaptive reuse of buildings and therefore the presentation of these buildings is part of the stewardship of a community and the leaders of the community . I would ask that by delaying this, that the City look to its treasures whether they are from two centuries ago or the last century, because they will be our future heritage . Thank you. (b) Michael Hicks said I am not a resident of Englewood anymore, I live in Denver, but I will speak regarding the preservation of architecture . As a matter of fBft, this particular building was inspirational to me when I was in high school, as it was one of the nicest examples of architecture. I knew Bill Muchow, I workc:d in his office . Some of the best architects in Denver came out of Mr. Muchow's office, including Peter Dominick, George Hoover and Gary Desmond who are all fellows in the American Institute of Architects . I would encourage the Council to look at this building and to look at every piece of contemporary architecture that was done in Englewood, because there is a wealth of it here. I grew up in a home , that was an architect's home, that my father bought from him . There were architect's offices on South Broadway that were building some of the finest contemporary houses in the Denver area. This really is a legacy for Englewood and it should be evaluated and I would encourage you to do so . 8. Communications, Proctan.tlom aad Appolahmnts (a) A proclamation honoring the Sinclair Middle School artists who participated in Washington Mutual's "Home of the Free " program was considered. Mayor Garrett said we had a reception earlier and the proclamation was read at that time . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING THE SINCLAIR MIDDLE SCHOOL ARTISTS WHO PARTICIPATED IN WASHINGTON MUl'UAL'S "HOME OF THE FREE" PROGRAM. Ayes : Council Members Barrentine, Moore . Bradshaw , Garrett, Wolosyn, Yurchick , Tomasso Nays : None t • • F.nalewood City Coundl December 15, 2003 Pqe7 Motion carried. (b) A proclamation honoring Englewood author Christopher Ransick for winning a 2003 Colorado Book Award for his book of poetry was considered. Mayor Garrett said I am going to have Council Member Bradshaw read the proclamation for us. Council Member Bradshaw said Mr. Ransick and I worked together. She read the proclamation in full. There was applause. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING ENGLEWOOD AUTHOR CHRISTOPHER RANSICK FOR WINNING A 2003 COLORADO BOOK AWARD FOR ms BOOK OF POETRY. Motion carried. (c) considered. Ayes: Council Members Barrentine. Moore, Bradshaw, Garrett, Wolosyn, Yurchick, Tomasso Nays: None A proclamation recognizing the major sponsors of "Englewood Jubilee rr· festivities was Deputy City Clerk White read the proclamation in full. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION RECOGNIZING THE MAJOR SPONSORS OF "ENGLEWOOD JUBILEE II" FESTIVITIES. Motion carried. Ayes: Council Members Barrentine, Moore, Bracl$haw, Garrett, Wolosyn, Yurchick, Tomasso Nays: None Mayor Garrett said I would like to thank all the sponsors for their aenerous contributions. He said given the budget we had last year, this was quite a blessing for our community. Mayor Pro Tem Wolosyn presented a framed plaque and a copy of the proclamation IO the contriblllors who were present. The following sponsors were recognized . Roy Allenbach (sponsored Alexander Industries stained glass window in Library) Bradshaw Family Beverly, Bud & Kevin (sponsored Tuileries stained glass panel in Library) Barbara & Bill Holthaus (sponsored restoration of the Gryphon on grand staircase) Cripple Creek & Victor Gold Mining Company (sponsored "Englewood Blooms") Gothic Theatre (sponsored Jubilee U DiMCr Dance) Kumpf Lincoln-Mercury (sponsored Liberty Elm Restoration project) Swedish Medical Center (sponsored EJ2 Festival & Olde Tymc Fair) Enpwood City CouncU December 15, 2003 Pqe8 Xcel Energy (Legacy Grand Sponsor) Mayor Garrett also thanked everyone on the EJ2 Coordinating Committee for all of their efforts. 9. Public Hearlns No public hearing was scheduled before Council . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (U), (W) and (IY), JO (b) (I), (U), (W) ud (IY), AND JO (c) (I) ud(U). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 90. INJ'RODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING AN EASEMENT AGREEMENT FOR PIRATES COVE BETWEEN THE CITY OF ENGLEWOOD AND PUBLIC SERVICE COMPANY OF COLORADO . (ii) COUNCIL BILL NO. 91. INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE REPEALING THE SUNSET PROVISION FOR THE TRANSPORTATION ADVISORY COMMITJ'EE . (iii) COUNCIL BILL NO . 93, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING A CITY DITCH CROSSING LICENSE AGREEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR A FIBER OPTIC CONDUIT BETWEEN COMCAST OF COLORADO IX. LLC AND THE CITY OF ENGLEWOOD. COLORADO. (iv) COUNCIL Blll. NO. 89, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR LEASE OF THE ENGLEWOOD BOOKMOBILE BETWEEN THE CITY OF ENGLEWOOD AND DOUGLAS COUNTY . (b) Approval of Ordinances on Second Rcadins (i) ORDINANCE NO . 85, SERIES OF 2003 (COUNCIL Bill NO . 79, INTRODUCED BY COUNCIL MEMBER BRADSHAW ) AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND PATRICK AND COLLENE BURKE , TO MAINTAIN A PORTION OF THE CITY DITCH ADJACENT TO 3594 S. BANNOCK STREET . t .· • , . '• • • Eapwood City Counc:U December 15, 2003 .... , (ii) ORDINANCE NO. 86, SERIES OF 2003 (COUNCll. Bll.L NO. 86, INTRODUCED BY COUNCll. MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING THE VACATION OF TROllEY SQUARE PLANNED DEVELOPMENT IN THE CITY OF ENGLEWOOD, COLORADO. (iii) ORDINANCE NO. 87, SERIES OF 2003 (COUNCll. Bll.L NO. 87, INTRODUCED BY COUNCll. MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18nt JUDICIAL DISTRICT. (iv) ORDINANCE NO. 88, SERIES OF 2003 (COUNCll. Bll.L NO. 88, INTRODUCED BY COUNCll. MEMBER BRADSHAW) AN ORDINANCE AUTHORJZING AN INTERGOVERNMENTAL AGREEMENT ENITI1£D "AMENDED AGREEMENT FOR THE DELEGATION OF PRETREATMENT/INDUSTRIAL WASTE CONTROL PROGRAM RESPONSrBrurIES". (c) Resolutions and Motions (i) RESOLUTION NO. 87, SERIES OF 2003 A RESOLUTION AUTHORIZING SETTING FEES FOR MISCELLANEOUS LICENSES AND PERMITS . (ii) PURCHASE OF AN EMERGENCY GENERATOR FOR THE All.EN Fll. TER PLANT FROM WAGNER POWER COMPANY IN THE AMOUNT OF $56,672.00 AND THE PURCHASE OF ASSOCIATED WIRING AND IN STALLATION FROM LUDVIK ELECl'RIC IN THE AMOUNT OF $43,792 .00. Mayor Ganett asked if there was any discussion. There was none. Ayes: Council Members Barrentine, Moon:, Bradshaw, Ganett, Wolosyn. Yun:hick, Tomasso Nays : None Mocion carried. 11 . Replar A,-la (a) Approval of Ordinances on First Reading (i) Senioc ~ Lan,on praenled a recommendation from the C~ty Developmenc Depanmcnc to adopt a bill for an ordinance approvina the Unified Developmenl Code 111d setting a public hearina oa this maner b January 5. 200,&. She said it is the repeal in their entirely of Tide 10: Land Subdiviuon and Title 16: Zonina Replalions of the Enalewood Municipal Code Uld die adoption of the Unified Developmene Code. die UDC, in their place. As recommended by saaif, -n,cp11 thll Council appro\'e the draft of the UDC widi the aaacbed ''RequeMed "-ndments" Uld sec a l'llbiic He.ins for the UDC for January 5. 200o&. Thole requeseed -~ are an:icbed in your packet ad dley deal with f«-key areas that were discuued II previous Stlldy Sessions. Finl is an._.._ ID 1~2-7:B3a. that WU the TrUAI SIIIJon 0.Slrict threshold reducuta that 10 mile fllli• of a lnMII SUlbOII UJIII widi I • • 0 Enpwood City CouncU December IS, 2003 PqelO 0 'A mile extension for contiguous additions. The second amendment was to table 16-6-1.2 for garage conversions; that existing driveways would not have to be removed but would be able to remain as parking pads. The next amendment was 16-6-1085, that parking pads in front setbacks would be permitted and they would be subject to the front lot coverage requirements and would not be able to exceed 20 feet in width. The last amendments were to the definitions, clarification on the definition of driveway and three new definitions. Those were for attached garage, detached garage and habitable space. To give you some background information, the first zoning ordinance in the City was established in 1940. Rewrites to that ordinance occurred in the 1950's and 1960's. The last major rewrite occurred in 1985 . Over that time period numerous amendments have been added to the ordinance and inconsistencies and outdated references have made the ordinance difficult to use and administer. Council directed staff to co-ordinate the subdivision and the zoning regulations into a single document and minimize Title 16. the zoning regulations, inconsistencies, and also to standardize development procedures and provide flexible development opportunities for developers and citizens, and also to provide clear standards. Along with those requests, there are requests from citizens for design standards for residential development to maintain neighborhood quality of life. To that end, an emergency moratorium suspending building permits for new single-family attached and multi-famil) .:sidential dwellings, in nonhwest Englewood, was established to allow staff the opportunity to develop design standards for all residential zone districts and they could be coordinated with the UOC. That moratorium is scheduled to expire on February 27, 2004. Senior Planner Langon stated the UOC is a comprehensive revision of the land subdivision and the zoning regulations and it reorganizes and updates those two ordinances and regulations into a s ingle coordinated document. The goals of the UOC are to maintain the essential character of the districts, to update the Code, to simplify administration and procedures and to establish flexible development opponunities based on clear standards. Phase I of the project started in 2000, although, it actually started many years before that, but, finally in 2000 we really got going on it. That began with the hiring of Clarion Associates, a land firm that conducted interviews and did a Code analysis, and recommended a reforrnaned Code. They produced an outline of proposed changes and a draft. There were internal reviews, staff rewrites, second drafts, third drafts, Planning and Zoning Commission meetings for weeks on end, design standard open house, meetings with ACE, the Chamber, Code Enforcement Advisory Comminee, discussions with those groups, more rewrites and finally, this year, another Planning and Zoning Commission draft. The Commission considered that draft at a Public Hearing on September 16. 2003 at which only one citizen spoke. That citizen spoke concerning the auto use moratorium. The Commission recommended approval of the UIK; by a vote of 7 to 0 . City Council has reviewed the UOC, as approved by the Planning and Zoning Commission, at three separate Study Sessions and requested the anachcd amendments. This has actually been, as I said, three years, but probably more like six or seven years of work in the making. Under the UOC there is no land that is to be rezoned. There are no substantive changes to the landscaping, to the parking, the signs, historic preservation, flood plain, telecommunication or non-conforming use sections of the ordinance. The reformancd document precludes a line-by-line comparison. Therefore, an overview has been attached to your packet. There are four main types of changes in the ordinance. There are technical changes, those are to the format, there are flow-charts and tables that were never illcluded in the previous ordinance. There is new material and that would be material that is not in the current Code. Those are some new definitions. standards for storm water drainage and erosion control. .. things of that nature. There are minor updates. for clarity and. to codity procedures that were not in the Code previously. such as ; when a ubdivision plat becomes effective ... that was never clearly stated in the previous ordinance. Then the last type of changes are substantive changes and those arc probably a few key areas. They arc establishment of the new Residential Design Standards, establishment of a Limited Review Permit, establishment of a Temporary Use Permit. establishment of Administrative Adjustments. and establishment of the Transit Station Arca Zone District. Again, no land is being rezoned. only creation of the di strict . There are also some policy changes to land subdivision procedures and to the variance criteria. Also, the other major change is the deletion or removal of the unused R-2-C/SPS Residence Zone District. In the years it wu on the books, it was never utilized . The planned public outreach will have the UOC available on the Web, it will be available in the Library, available from the City Clerk on CD and then we plan additional public outreach through the Citizen and Channel 8. and notices at the Building counter. We are still working on a method. which will enable us to contact building contractors. There are approximatel y 400 active t .... • • F.apwood City Council December 15, 2003 Papll contractors and we are still trying to address that. It will probably be, the development of a Frequently Asked Questions method of letting people know what is going on and what is occurring with the UDC . Mn. Langon said if there are any questions, I would be happy to answer them. Mayor Garrett asked if there were any questions. There were none. COUNCIL MEMBER WOLOffN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I)· COUNCIL BILL N0.13 AS AMENDED BY THE REQUFSl'ED AMENDMENTS TO THE PLANNING AND WNING APPROVED UDC AND SET A PUBLIC HEARING FOR JANUARY 5, 2804. COUNCil.. BILL NO. 83, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE REPEALING TITLES 10 AND 16 OF THE ENGLEWOOD MUNICIPAL CODE 2000, IN THEIR ENTIRETY, AND APPROVING THE ADOPTION OF THE UNIFIED DEVEWPMENT CODE AS A REENACTMENT OF TITLE 16 OF THE ENOL.EWOOD MUNICIPAL CODE 2000 AS RECOMMENDED BY THE ENGLEWOOD PLANNING AND ZONING COMMISSION. Mayor Garrett asked if there was any discussion. Council Member Bradshaw asked if Council Member Wolosyn would be absent on January s•. Ms. Wolosyn said I will. Ms. Bradlhaw said, then you will miss the public bearing. Ms . Wolosyn said I repet that. Votenaula: Ayea: Council Mcmben Barrentine, Moore, Bradshaw, Garml, Wokla:,n. Yun:bick. TOIIIUM> Nays: None Motion carried. Mayor Garrett said I would like to think the Planning and 7.oaiq Commiuioa for their wort o¥er die ye.rs. There was applause. He said I can actually say I started the procas back in 1995 .._ I -on die Planning and Zoning Commission. (ii) Senior Planner Lanaon presented a recommendalion from die c~ Development Department to adopt a bill for an ordinanu approvina a Companion Ordinance IO die Unified Development Code. She said there are no subslantive chanaes to Titles I. 6, 8, 9 and 15 ... dley - iechnical or clerical amendments identified by the City Attorney that are necessary for coosiacncy -, the titles , if the UDC is adopted . Mayor Garren asked if are there were any questions. Council Member Yun:hick said I am looking at your noise control definition. You talk aboul B-1 . B-2.1-1. 1-2, R-IA, R-IB and so on. but in the previous ilem, they are all renamed . R-2 ia now R-28. An 6eae all the same in here? I Ms. Langon said right. They are the same as they would be under the UDC. yea. Mr. Yun::llick Mid all right . Council Member Bradshaw said I believe there is a typo; there are two r , in therefore . 1'1111 _.. ID be corrected before we publish. F.npwood City Coundl December IS, 2003 Pqel2 COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ll) -COUNCIL BILL NO. 84. COUNCil.. Bll..L NO. 84. INTRODUCED BY COUNCIL MEMBER WOLOSYN A Bll..L FOR AN ORDINANCE AMENDING TITLES I, 6, 8, 9, AND 15 OF THE ENGLEWOOD MUNICIPAL CODE 2000. Vote..-lts: Ayes : Nays: Motion carried. Council Members Barrentine, Moore, Bradshaw, Garren, Wolosyn. Yun:hiclt, Tomasso None (b) Approval of Ordinances on Second Reading (i) Council Bill No. 92, an Emergency Bill for an Ordinance authorizing the issuance of Golf Course Enterprise Revenue Refunding Bonds was considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I) -ORDINANCE NO. 89. ORDINANCE NO . 89. SERIES OF 2003 (COUNCIL Blll. NO. 92, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN EMERGENCY ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO, ACTING BY AND THROUGH ITS GOLF COURSE ENTERPRISE, AUTHORIZING THE ISSUANCE OF GOLF COURSE ENTERPRISE REVENUE REFUNDING BONDS, SERIES 2003, FOR THE PURPOSE OF REFUNDING THE CITY'S GOLF COURSE ENTERPRISE REVENUE BONDS, SERIES 1994; ESTABLISHING AN ESCROW ACCOUNT FOR SUCH REFUNDING AND PAYING THE COSTS THEREOF; PRESCRIBING THE FORM OF THE BONDS; PROVIDING FOR THE PAYMENT OF THE BONDS FROM THE OPERATION OF THE GOLF COURSE FACILITIES; AND PROVIDING OTHER DETAILS AND APPROVING DOCUMENTS IN CONNECTION WITH THE BONDS . Vounmlls: Moc.ion carried . Ayes : Council Members Barrentine, Moore. Bradshaw. Garten, Wolosyn, Yurchiclt , Tomasso Nays : None (c) Resolutions and Motions (i) Director Ross presented a recommendation from the Public Works Department to adopl a resolution approvin1 a Construction Euement and License Apeement with the South Slope Condo Association for-Bia Dry Creek Trail i~vements. He said I am bcR tonipd to req-that you approve the dedication of a 99-yar license apeement from the South Slope Condominium Auoc:ialion for the purpose of constructin1 and maintainina the Bia Dry Creek Trail unprovement5 . The City ha been a stakeholder an this for-many years and under the leadership of the South Suburban Pub foundarion, we have seen the 811 Dry Crc,elt T:-ail buih from the Plane River all the way to Propess Put. This will enable us to complete one of the 1-sed Sll'pl Ill ,et COOT concurrence so that we can take advUIIIIC of die federal funds that we have obwned. in order Ill complete dlis acpiem. wbicb wiU So &om Propeu Park to Lehow A \'Cnue . He said ,, you have any QIICIIIOIII. I 1111111 be happy IO --lhem. ... ... • • Enpwood City Coundl December 15, 2003 Pqel3 Council Member Bradshaw said I will be abs1aining since I'm Chair of the South Suburban Park Foundation. Ms. Bradshaw said she would like 10 comment that all maintenance of the trail and adjacent area will be performed by South Suburban Park District. COUNCIL MEMBER WOLm\'N MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 18. RESOLUTION NO. 88, SERIES OF 2003 A RESOLUTION AUTHORIZING A "LICENSE AGREEMENT' BETWEEN THE SOUTH SWPE ASSOCIATION AND THE CITY OF ENGLEWOOD, COLORADO. Voterauhs: Motion carried. Ayes: Nays : Abstain: Council Members Barrentine, Moore, Garrett, Wolosyn, Yurchick. Tomasso None Council Member Bradshaw (ii) Director Fonda presented a recommendation from the Littleton/Englewood Supervisory Committee to approve. by motion. the engineering contr11cts for construction, inspection, programming and record drawings for Phuc 2 Construction Management and Programming Contract Amendments with Brown & Caldwell EnpMCrs in the amoulll of$1 l,94S,800.00. He said the programming and record drawinp are in the amoun1 of $2,094,900.00 and the construction manqemena services are in the amoulll of $9,SS0.900.00. Mr . Fonda said we anticipate bidding in May of 2004 for the conllrUdion project that will take aboul four and a half years . He noccd we went over this al the IUI Study Session. I will answer any mnainina queslions, he said. COUNCIL MEMBER WOLm\'N MOVED, AND IT WAS SECONDED, TO APPROVE 11IE PHASE l CONSTRUCTION MANAGEMENT AND PROGRAMMING CONTRACT AMENDMENTS WITH BROWN A CALDWELL ENGINEERS IN THE AMOUNT OF St l,9'5,I00.00. Mayor Garrett asked if there was any discuuion. There was none . Vowresula: Ayes: Council Members Barrentine, Moore, Bradshaw. Oarreu, Woblyn. Yurchick. Tomasso Na ys : None Motion carried. (iii ) Director lnaJe presented a recommendation from the Inf~ TedlnolotY Department to approve. by motion. a COlllnlCI with Advanced Utility Systems for a Utility Billiaa Sysaem in the amount of $616,500.00. He said before the Council is a COlllnlCI for a new 1111epaled Ulility billilla and customer information sys&em with Advanced Utility Syseems ofToronio. Canada. By -y of background, thi s has been a hiahly delibcnled decision. havina ll'lllC throup two procure-... ..-. The first one noc havina produced vendors lhllt we were comfortable with and die -=GIid i.-ai:tually giving us a very aood pool of some of the bell vendon 1n the market place. We have been dlroup cxtcnsive concract neaotiatlOIIS for appoximalely five months With Advanced Utib._. He uid .. 11M resulted in us obtaining what we thi .. are some ver aood OlllraCt ienns. We have a C18racl .a-• t ... • • Englewood City Council Dec:ember 15, 2003 Pqel4 inch and a half thick, which is unusual for system procurements, but it recognizes that there are some unique function requirements for our City's utility. We have a fairly large utility that serves 43.000 customers in and out of the City and bills for quite a number of differe:11 services from water, to sewer, to storm sewer, to catch basins and outside districts. The project is anticipated to take approximately eleven months, so if approved by Council; it will stan the beginning of January. The contract, itself, with Advanced Utilities is for a little over $616,000.00. The entire project budget, by the way, is about $950,000.00. We will be coming to Council with the recommendation for the procurement of separate hardware, as well, for the system. We have negotiated a number of favorable items, including a furn fixed price on favorable insurance requirements, retainage in milestones based on actual delivery of software and modifications throughout the project and most nolably, it includes approximately 500 independent test scripts that we developed that took a long time to negotiate. We feel it is very important for the vendor to show those unique customizations for the system. given the unique nature of the way the Utilities Department functions within the City. And with that, I would be happy to answer any questions. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRACT WITH ADVANCED UTILITY SYSTEMS FOR A UTILITY BILLING SYSTEM IN THE AMOUNT OF $616,500.00. Mayor Garrett asked if there was any discussion . There was none . V ate results: Ayes: Nays : Motion carried. 12 . General Diaamloa (a) Mayor's Choice Council Members Barrentine, Moore, Bradshaw, Garrett. Wolosyn, Yw-chick, Tomasso None Mayor Garrett did not have any matters to bring before Council. (b) Council Members' Choice (i) Council Member Bradshaw: l. She said thank you to Director Ross for his help on the South Slope. That has been pretty tricky, because the land goes back and forth between Englewood and Littleton and we are never sure who owns what, so I really appreciate Director Ross' help on that. I know it has been a nightmare. I don't know bow much money we have spent to get the $600,000.00 but I really appreciate it. 2 . She said thanks to Leigh Ann Hoffhines for helping with the Sinclair MidUle School Project She did a great job. Also, Ms. Bradshaw said, we forgot to mention Ms. Hoffhines' name lasl week concerning the Student An and what a good job she did with that. If you would convey that, I'd really appreciate that. 3. She said Merry Christmas and Happy New Year. (ii) Council Member Tomasso said I received a phone call on Sunday from Mr. Waa concerning his boats ll11d his violation. I assured him that the City was looking illlO it; we know wbat the issue is . He said Mr. West stated that he has been a resident of the City for 43 years, he is reared. livina on Social Security and the only thina he wants to do is fish . He has poured cement pads for his two boall, so they wouldn't be sitting on the street and he has parled them next to his praae. Mr. West hata wooden fences . •• t • • Enpwood City Couadl December 15, 2003 Pqe15 Mr . Tomasso said the second thing Mr. West brought up was the termination of the alley at the 3600 block between Lincoln and Sherman . The alley has been terminated with cement blocks so the garbage trucks cannot tum around at the bottom of the alley and he wanted to know what he should do with his garbage, if he should put it out in the street. Council Member Bradshaw asked who terminated it? Council Member Tomasso said behind Cornerstone Books, there is a gigantic cement barricade, the kind used on strms, piled up along the alley. It has become a dead end alley as you go down the hill into Highway 285 or Jefferson. What they used to do was drive down the alley and tum around through the vacant dirt lot. The dirt lot now has blocks on both sides of it. Mr. West is wondering what to do with his garbage. Mayor Garrett said his provider will probably have to look for an alternate route to serve their customer. City Manager Sears asked Director Ross and Director Olson if they could address this or should we investigate and get back to Council Member Tomasso? Mr . Ross said I really don't know the history on this. so I will treat this as a Council information request, look into it and get back to you. Director Olson said regarding the boat issue, we have already given a response on that. It is in your packet. Council Member Tomasso said I told him that, bul it didn't seem like anybody from the City had called him. A survey of the Council Members indicales we all got phone calls on Sunday. Mr. Olson said okay, we will give him a call . The Code Enfon:emenl officers have had direct contact with him. but we will do it again. Council Member Bradshaw uked Officer Collins to talk to Council about this. Council Member Ton:.s.o said I told Mr . West, from the conversations I had had, that I understood it had been taken care of. • Sergeant Collins said I spoke to Mr. Wat lut Monday and assuml him that bis notice of violation - going to die right there. One of the Code Enforcemenl officers was trying to educate him u to the new ordinance that may come about at some poinl . We told that Officer to, buically, stop the educaticnal process. It is more confusing to people, more so than anything else. I assured Mr . West that will DOI be an issue for him until the Council approves, or at least. discusses the new ordinance, so he is fine . City Manager Sears said after we do a check on the alley , we will get back to Council with our response. Mr. Sears asked if there was a con&act person for staff to call. Mr. Tomasso said he didn't let me know that they :lid talked to him, so I think he is preparina for the fulure 1 ue. at this poinl. I assured him that I had talked to you that Friday. Mr . Sean said dlia is aboul die alley i ue . Oh. Council Member Tomasso said, he didn ·1 say what his issue with that particular alley wu. Olher lhu it sounds like Mr . West owns property there and it is right Dellt lO the middle school. ID. you don't WIIII IO leave garbage out on the middle 1Chool side of Lincoln there. t • • Enalewood City Couadl December 15, 2003 Pqe16 Mr. Tomasso said Mr. West's understanding was that the City owned the end of the alley ... that vacant lot. He said evccybody went down the alley, turned around and came back up onto Lincoln. Mr. Scars said we will follow up and get back to Council and also try to get back to Mr . West. (iii) Council Member Yurchick said I wish everyone a Happy Holiday. (iv) Council Member Wolosyn : I. A resolution for Aid to Other Agencies was considcn:d. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE RF.sOLUTION NO. "· SERIU or 2803. RESOLlTTION NO. 89, SERIES OF 2003 A RESOLUTION SPECIFYING AID TO OTHER AGENCIES FOR 2004 BY THE CITY OF ENGLEWOOD, COLORADO. Vote..-lls: Ayes : Council Members Barrentine, Moore, Bradshaw, Garrett. Wolosyn. Yurchick, Tomasso Nays : None Motion carried . [Clerk's note: This was Item 12 (b) (i) on the Agenda.] 2. She said, as mentioned earlier, in all likelihood, I will not be here for the January s• meeting. We are driving back East and I don't think we will leave to come back until January 6*. 3. She said Happy Holidays to everyone. 13 . City M....-'1 Report (1) City Manqer Searl said I want to lee Council know of some of the topics coming up on January s• for the Study Scuion. Mr . Scars said we are expecting I rcprcsenwive from the Denver Seminary to give a brief overview of what is anticipated with the Denver Seminary. Again, this will have to ao throu&h the formal plannina and review processes of the City and then back IQ Council, but bcclUIC of the pocential impact of rcdcvcloprncnt , the rcprcscntative has requested to address Council . Mr. Scars said that will take I short period of time. Ma yor Garren said part of the formal process is community rncctinp. ls that conect? City Manager Scars said that is con-ect. He asked Director Simpson if he had anydlina to add . Director Simpson said the rcpresentllive is plannin1 to attend the J..-y s• !Melina for an informative prcscr,tation only. The Stlndard process will be I reqwrcd nc1pbortlood meetina, to include required notification of 111 propcny owners within five hundffll feel of the Dcnvs Scmi'*'Y . Mr. Simpeon Slaled because of the unpact o f the project. there will be I lol of people 1IIICl'elled 1a lllelldiq. After that • • Eapwood City Coandl December 15, 2003 Paae17 meeting, the applicant is eligible IO submit an application for potential rezoning. Ideally. the goal of that neighborhood meeting is for the applicant IO have an opportunity IO understand what the neighborhood conaiden is important and they have the opportunity IO modify some of their plans at a very early 11age of the procea. because of the issues they may have heard during the meeting . He said they may or may not choose IO make changes. We will then proceed with the formal process of application, Planning and Zoning Commission consideration and City Council consideration. City Manager Sears said, also on January s•. Director Ingles will give us a little update on our fiba optics network relationships with our network providers. And be will be prepared IO talk about IIOme of the options the City will now have u a result of some of the contnct negotiations. And, City Manager Sears said, Director Simpson will be doing a brief revie~. at the Study Seuion, on the South Broadway Plan, again, and will be looking for Council's direction about where we should move in regard to that Plan. I will be providing some updated information to Council . (b) City Manaaer Sears said we will not have a Council meeting for the next two weeks. He stated 11aff will be here and be responsive if Council has any requests or concerns. (c) City Manager Sears said I want IO say thanks IO the staff. Many Slaff membcn are here tonight. wbo work extremely b&rd through the year IO benefit the community. He said this City is really blessc:d with a lot of really peat employees. l, alto, want IO say thanks for the support of the City Council during this last year. (d) City Manager Sears said I wish you all a Happy Holiday and New Year . 14. City Alloney'I Report (a) City Attorney Brotzman said I would like IO echo the thanks IO Council and Happy Holiday Wishes. _ .. AGENDA FOR THE REGULAR MEmNG OF_ THE ENGLEWOOD CITY COUNCIL MONDAY, DECEMBER 15, 2003 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. 7: /.Of· ,n. 2. Invocation. ~~ 3. Pledge of Allegiance. J;;/MAlf:f:; 4. Roll Call . {UL · 7 ~ 5 . Minutes. Clf P~ '7-D a. a.ppd-1-0 b. Minutes from the Regular City Council meeting of December 1, 2003 . w~ Minutes from the Special City Council. meeting of December 8, 2003. /)j~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) a. a. t-.1iehclle .\\avtiua~! ftaeM ¥J~i".Bl8~ ~4wtl:lel, Jou•at!••s fare, Pfinci~ of 9hi~ilt '°!lddle !lcl~ · a~ Llr. Pallf tu1eelt ftae1:1 S11cela1r ~419~11 &eheel ,,Ill he pacJcnl lo da«uss !lntclai; ,. "· _-r., . . . I . 11 I . I I I' 8 1 I f ti F • ~6-l, ':1:ir'../J:1. ,,e,bt1P.Bl~o1111 nas n11gto110 otua some oae,ee p.og,a""" b. ~Hicks, Ben Wilking. and Suzette Emerson will be present to address City Council regarding the AIA Denver Award. c. Members of Keep Englewood Beautiful will present the 2003 Holiday Lighting Awards. d. Utilities Director Stewart Fonda, Wastewater Treatment Plant Manager Dennis Stowe, and Operations Manager Jim Tallent will be present to discuss the Plant's EPA National Biosolids Award. e. Diane Wray will be present to discuss the planned demolition of the Commercial Federal Bank at 4301 South Broadway. 7. Unscheduled Visitors . (Please limit your presentation to five minutes.) • a.. l,tt,..C.., ~~J H~~ ~.:Il#l _b ~ b.'7"f'l i~~-~ ~~~IHVane, Please note: If you have , 'i sability and need auxiliary aids or services. please nolify the City of Englewood (303· 762 ·2405) at least 48 hours in advance of when set'Vices are needed . Thank ' • • Englewood Ci ty Council Agenda December 15, 2003 Page 2 8 . Communications, Proclamations, and Appointments. ~&..-1-0 a . ~1-D ~1-0 b. c . A proclamation honoring the Sinclair Middle School artists ~o partiJip~ted in . Washington Mutual's #Home of the Freew program. ~ A proclamation honoring Englewood author Christ~er Ran~ick. for winning a 2003 Colorado Book Award for his book of poetry. ~ A proclamation recognizing the major sponsors of #Englewood Jubilee nw festivities.@~ 9. Public Hearing. (None Scheduled) _y---~· 10. Con~t A!len9a. ( _A.-·-~~~ ..ltv,u);oa..i tl,w...iil.J /t,t,, IV () nl)d 7-~ ~Y/l.f/tl'UL ~ -/hL /0~..i~ii ,.,,...,....,, a. Approval of Ordinances on First Reading. i. Council BjH No. 9Q -Recommendation from the Department of Public Works to adopt a bill for an ordinance approving an Easement Agreement with Public Service Company to underground existing overhead utility lines for Pirates Cove. STAFF SOURCE: Rick Kahm, Capital Projects Director. ii. Council Bill No. 91 • Recommendation from the Department of Public Works to adopt a bill for an ordinance renewing the Englewood Transportation Advisory Committee. STAFF SOURCE: Ken ROIi, Director of Pubic Worb. iii. Council BUI No. 93 • Recommendation from the Utilities Department to adopt a bill for an ordinance approving a City Ditd} License Agreement with Comcast STAFF SOURCE: Stewart H. Fonda, Director of Ulllllles. iv. Coyncjl BjU No. 89 · Recommendation from the Library to adopt a biU for an ordinance appl'oving a lease Agreement with Douglas County Libraries for use of the Englewood Bookmobile for 2004. STAFF SOUICf: Hank lon1, Director of Library Services. b. Approval of Ordinances on Second Reading. ii. Council Bill No. 79, approving a License Agreement for 3594 S. Bannock Street Council Bill No. 86 • Recommendation from the Department of Community Development to adopt a bill for an ordinance approving the vacation of the Troley Square Planned Development iii . Council Bill No. 87, accepting 2004 Victim Assistaace law Enforcement Grant funding. Please note: If you have a ~ly and need auiciliary aids Of setVic"' pie.-no4lfy the Cily of Enatewood (303-762-2405) at least 48 hours in advillee of when leMCft are needed. lNnk .' ., • • -. ( Eng lewood City Council Agenda December 15, 2003 Page 3 Council Bill No. 88, approving an Amendment for Delegation of the Pretreatment/ Industrial Waste Control Program Responsibilities with the Denver Metro Wastewater Reclamation District. c . Resolutions and Motions. Recommendation from the Department of Finance and Administrative Services to adopt a resolution setting fees for Miscellaneous Licenses and Permits effective January 1, 2004. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. ii. Recommendation from the Utilities Department to approve, by JDWigD, the purchase of an emergency generator and associated wiring and installation for the Allen Filter Plant. Staff recommends awarding the bid to the lowest bidders: Wagner Power Company for the generator in the amount of $56,672.00 and Ludvik Electric for the wiring and installation in the amount of $43,792.00 STAFF SOURCE: Stewart H. Fonda, Director of Utilities. 11. Regular Agenda. D.tf::;di. 1-lJ a. Approval of Ordinances on First Reading. t:~ ~:'-~ Pfl ~ f6/of. Offd 1-{) ii. ~ouncjl Bjll Na BJ -Recommendation from the Community Development Department to adopt a bill for an ordinance approving the Unified Development Code. Council is also requested to set a public hearing on ~i~m'!~~r ~~ Ja.n~.JA 5, 2004. STAFF SOURCE: Tricia Langon, Senior Planner. --w~ r.___ Department to adopt a bill for an ordinance approving a Companion Ordinance to L J. , ... Councjl Bjll No 84 -Recommendation from the Community Development ~ the Unified Development Code. STAFF SOURCE: Tricia Langon, Senior Planner. ~''-' b. Approval of Ordinances on Second Reading. i. Co uncil Bill No. 92, an Emergency Bill for an Ordinance ~orizi'!g th_! issuance of G o lf Co urse Enterprise Revenue Refunding Bonds. ~ Reso lutions and Motions. /} -1-1-i. Re c ommendation from the Department of Public Works to adopt a resolution ~ <j f approving a Construction Easement and License Agreement with the South Slope /J I t) / Condo Association for Big Dry Crerk !~1~i~~~4:.nts. STAFF SOURCE: Ken {l,p.;;a.. e&:> --lln'is, Di,ector~fubllcWorb. '-(,,U~,- ' rlf/35TlliN: l3~11-J>S/'l'tWJ ,J 1 O ii. Recommenda on from the Littleton /Englewood Wastewater Treatment Plant to a.---approve, by motion, the Phase 2 Construction Management and Programming Co ntract Amendments with Brown & Caldwell Engineers in the amount of '--1 ~ LJ~ .A ~ ,A $11 ,9 4 5,800.00. STAFF SOURCE : Stewart H. Fonda. DirectorofUtllilies.. //(/~,'- Plea e note : If you have a di sability and nttd auxiliary ai ds or services, please notify ~ City of Enalewood (303-7 62 -2405) a t lea t 48 hou rs in advance of when services are nttded. Thank t .... . .. • • Englewood City Council Agenda December 15, 2003 Page 4 iii . Recommendation from the Information Technology Department to approve, by motion1 a contract with Advanced Utility Systems for a Utility Billing System in the amount of $616,500.00. STAFF SOURO: Don Ingle, Director of lnfonnatio~ Technology. 12. General Discussion. a. Mayor's Choice. b . Council Members' Choice. ~ # 'i? q i. Resolution for Aid to Other Agencies 1.,)~,,Lh-.. ~L '!-IJ --0'- 13. City Manager's Report 14. City Attorney's Report Adjournment <ii' .' 5-0 f,t'Yl, The following minutes were transmitted to Oty Council between November 27 and December 11, 2003: • Liquor License Aulhority Telephone pol of November 29, 2003 • Englewood Housing Aulhority Board meetings of September 3 and October 1, 2003 • Englewood Public Library Board meeting of November 18, 2003 ". . .. Plea e nole : If you have a clsablity and need aulliia,y aids or services, ~ notify lhe Clly ol Eftalewood (303 -762 -2405) at least 43 hours in .dvance ol when services ate needed. 1hatik 1 . Call to order. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, DECEMBER 15, 2003 7:30 P.M. Englewood Civic Center -Council Chambers 1 000 Englewood Parkway Englewood, CO 80110 2. Invocation. ~~ 3. Pledge of Allegiance. :J;/~ 4 . Roll Call. {)JJ_ 7 ~ S. Minutes. , _ _.i ,..,~ 1-D a. . ,·cl 1-0 b. ' ,. I• Minutes from the Regular City Council meeting of December 1, 2003. Minutes from the Special City Council meeting of December 8, 2003 . 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) , a. ~.~ie"ellc .\\aa tia:cE freM >Nashiftstaft ~ 4-.ltdel, J0t1adaus ~a,e, PfiPLeipal of !hidlli lvllddle !d1~ .~ a_ aAfJ Q,. Petr, h1eelt fresc: Siu:clair • 4hhlla 5eReel ,~II he pucscnt to discuss !iuclait',- , ... _ .Ju.~""' pa, titiP.atio11 hi Washi11gto11 folataal's •110,ue of the Ftee' puogtilMw:- ~ 6-l... u> UL~ .· b . Michael Hicks, Ben Wilkin& and Suzette Emerson will be present to address City Council rega rding the AIA Denver Award. c. Members of Keep Englewood Beautiful will present the 2003 Holiday Lighting Awards. d. Utilities Director Stewart Fonda, Wastewater Treatment Plant Manager Dennis Stowe, and Operations Manager Jim Tallent will be present to discuss the Plant's EPA National Biosolids Award. e. Diane Wray will be present to discuss the planned demolition of the Commercial Federal Bank at 4301 So uth Broadway. 7. L'nschedule d Visi t o rs . (Please limit your presentation to five minutes.) , .J... i .~ C...,ct:r1r1 ,4-UJ ~ r.'Vl,.J,l.,ulc.Ii~J -~ .1:JL, a.ty:_ b• 7"() ~~-~' ~.J.J':1,;~,J.,~•M .. ,'.~~~ ,e 101e : f \OU have a disabtlitv nd need aux1hary aids o r services. please notify the Ci ty of Englewood (303· -6 :-. 05 lt least ~ ho urs in .idvance o i wnen servic es are needed. Thank vou . .' • • \ Englewood City Co un ci l Agenda December 1 5, 2003 Page 2 8 . Communications, Proclamations, and Appointments . . ff &.. 1-o a. -~1-D b. A proclamation honoring the Sinclair Middle School artists ~o parti.cip~ted in . Washington Mutual's "Home of the Free" program . ~ A proclamation honoring Englewood author Christ~er Ran~ick. for winning a 2003 Colorado Book Award for his book of poetry. ~ ,o..F 1-0 c. A proclamation recognizing the major sponsors of "Englewood Jubilee W festivities.@~ 9 . Public Hearing. (None Scheduled) _y-·~ ·,; 10. ConjlijltAg_enga. 1 _,._ -· -~ ~~ ~/()a.,i ~ii; /tJ/,1 J °'uwd.. 7-tJ ~,~ (J -ANIL /Oe../~1i· · -q -,-a. Approval of Ordinances on First Reading. i. Councjl BjU No. 90 -Recommendation from the Department of Public Works to adopt a bill for an ordinance approving an Easement Agreement with Public Service Company to underground existing overhead utility lines for Pirates Cove. STAFF SOURCE: Rick Kahm, Capital Projects Director. ii. Council Bill No. 91 -Recommendation from the Department of Public Works to adopt a bill for an ordinance renewing the Englewood Transportation Advisory Committee. STAFF SOURCE: Ken Roa, Director of PubUc Wons. iii. Council Bill No. 9~ -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a City Ditch License Agreement with Comcast , STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iv. Council Bill No. 89 -Recommendation from the Library to adopt a bill for an ordinance approving a Lease Agreement with Douglas County Libraries for use of the Englewood Bookmobile for 2004. STAFF SOURCE: Hank long, Director of Library Services. b. Approval of Ordinances on Second Reading. J2J_ -=tf5S-i. ~\J_ $-Sfo ii. Council Bill No. 79, approving a License Agreement for 3594 S. Bannock Street Council Bill No. 86 -Recommendation from the Department of Community Development to adopt a bill for an ordinance approving the vacation of the Trolley Square Planned Development. ' iii. Council Bill No. 87, accepting 2004 Victim Assistance Law Enforcement Grant funding. -------------------•·..------------------, I P1e.:ise note: If o u have a disability and nl'ed auxiliary aids or services, please nohfy the City ot En1lewood ~6.:?-:!.l03l at l edst ~8 ho urs m dvancl' of when services are needed. Thank vou . t • • , Engle~ood City Counci l Agen d a Decembe r 1 5, 200 3 Pa ge 3 Council Bill No. 88, approving an Amendment for Delegation of the Pretreatment/ Industrial Waste Control Program Responsibilities with the Denver Metro Wastewater Reclamation District c . Resolutions and Motions. ii. Recommendation from the Department of Finance and Administrative Services to adopt a resolution setting fees for Miscellaneous Licenses and Permits effective January 1, 2004. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. Recommendation from the Utilities Department to approve, by .m,Q1jgQ. the purchase of an emergency generator and associated wiring and installation for the Allen Filter Plant Staff recommends awarding the bid to the lowest bidders: Wagner Power Company for the generator in the amount of $56,672 .00 and Ludvik Electric for the wiring and installation in the amount of $43,792.00 STAFF SOURCE: Stewart H. Fonda, Director of Utilities. 11 . Regular Agenda. ; ffJ. 1-{J a. Approval of Ordinances on First Reading . . ·~i. -~~~~ .. n.c,d d. -J, ~oyncjl Hill Ng HJ -Recommendation from the Community Development Department to adopt a bill for an ordinance approving the Unified Development Code. Council is also requested to set a public hearing on ~is..,.m'!,~~r ~~ J~nu~-5, 2004. STAFF SOURCE: Tricia ungon, Senior Planner. ~ U-J~ ri___ 1_.1 rt--}"1otf. Lpf d 1-C> b. ii. Coyncjl RjU No 84 -Recommendation from the Community Development ill Department to adopt a bill for an ordinance approving a Companion Ordinance to L J. , .. _ the Unified Development Code. STAFF SOURCE: Tricia ungon, Senior Planner. ~1'- A pproval o f Ordi nances on Second Reading. i. Council Bill No. 92, an Emerge ncy Bill fo r an Ord in ance ~orizing thj! is suan c e of Golf Course En t erprise Revenue Refundi ng Bonds. ~ Re sol utions and Motions. ,} ~ i. Recommendatio n from the Department of Pu blic Works to ado pt a resoluti on 1~ $' f approving a Construction Easement and License Agreement with the South Slope J. 1 / / Condo Associa tion fo r Sig D ry Cree k Tra~il im rovements. STAFF SOURCE: Ken • ~,"-{;. I&> -'-' -9nu, D!,ector ~{t'ubllc Worb. Ltl;, '(rf~~i/1/: :;B,ft;-J;.Slft//lWJ) 1 J O ii. Recommendation from the Littleton/Englewood Wast ewater Trea tment Plant to :...tf _.(_.--approve, b ~ the Pnase 2 Construction M.nagement and Pro gramming Contract Amendments with Brown & Cal veil Engineers in the am o unt of '-7,I j /} SI I .AS.BOO 00. STAFF SOURCE : Stewart H. Fonda, Director of Utilities. vt/J..e~J,_ i 0~1tv .mo need auxilwy aids or ~erv1c es. pleue nonfy the Ory of Englewood oun 1n dv.ince of hen erv1as .tre needed. ThMlk vou. " • • • Englewood City Council Agenda December 15, 2003 Page 4 \ .. !~7-0 iii. Recommendation from the Information Technology Department to approve, by motio~ a contract with Advanced Utility Systems for a Utility Billing System in the ~ amount of $616,500.00. ST Aff SOURCE: Don Ingle, Director of lnformatio~ Technology. 1 2 . General Discussion. a. Mayor's Choice. b . Council Members' Choice. /<.bJ.<; ~ '6q .A. ,~ i. Resolution for Aid to Other Agencies · ltA ;l.ff-d.. rt-t> 13 . City Manager's Report. 14. City ,Attorney's Report. Adjournment CS'.' 5"0 f,t'Y'I, The following minutes were transmitted IO Oty Council between November 27 and December 11, 2003: ) • Liquor License Authority Telephone po8 of November 29, 2003 • Englewood Housing Authority Board meetings of September 3 and October 1, 2003 • Englewood Public Library Board meeting of November 18, 2003 • t • • Pl ease ote: If you have a d1sab11ity and need aux~iary aids or seMces. plose nobfy the City of Enalewood • '03· -6:!-~4051 .it least -48 hours in advance of vhen services ve needed. Thanlc vou. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session December 1, ~003 l . Call to Order The regular meeting of the Englewood City Council was called 10 order by Mayor Garren al 7 :40 p.m. 2. Invocation The in vocati o n was give n by Council Member Barrentine. 3. Pledge of Allegiance The Pledge o f Allegiance was led by Mayor Garren. 4. Roll Call Present: Absent : A quo rum was present. Also present : 5. Minutes Council Members Tomasso, Moore, Barrentine. Garren, Br:idshaw, Wolosyn, Yurchick None City Manager Scars City Auorncy Brotzman Assistant City Manager Aaherty City Clerk Ellis Director Olson, Safety Services Director Fonda, Utilities Senior Planner Langon, Community Development Director Gryglewicz. Finance and Administrative Services Housing Finance Specialist Grimmen, Community Development Senior Manager Dannemiller. Community Development Director Ross, Public Works (a) C O UN CIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MI NUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 17, 2003. l\layor Garren asked 1f there was an y discussion o r correc tio ns. T here was none . Vo te resulls: Ayes: ays: ~l o uon .:arncJ . 6. Scheduled Vis itors Counci l Members Barrenunc. Moore , Brads haw. Garren . Wo losyn. Yurch 1ck. To masso None (a/ C uy Council recognized the 100-I En3lewood Calendar Amst . • t . ... .. , .. • • Englewood City Council December I, 2003 Page2 Mayor Garren welcomed everyone. We arc 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 artwo rk in o ur calendar. Each year, the City holds an art contest that is o pen to all students who lile or go 10 sc hool in Englewood. This year, we received nearly 150 entries, and 14 of those p;eces were chosen for the calendar. Choosing just I~ pieces was not an easy task . Thanks to 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 to all of the students whose artwork is featured in the 2004 Englewood Calendar. We'd like to offer a special thanks to the an 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 to the Museum of Outdoor Arts. A & B Custom Framing, The Press works, Colonial Bank. Miller/Weingarten Realty, Office Depot , Red Bird Farrns, Mile High Coffee. and Cornerstone Books . Mayor Garrett said wi: will be returning the artists' original artwork this evening. As 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 to buy art supplies. Mayor Garrett said Council Members Wolosyn. Bradsh.aw. and Tomasso will come down and make the presentations. We'd like the artists to come forward as your names arc 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 the ir matted and framed pieces. · Shay Wedlakc is a 1211, Grader at Humancx Academy . Shay's piece, entitled "Na1h·es.'' appears on the cover of the calendar. J Imam Maxey-Bell is a '.!nd Grader at Maddox Elementary. lmani 's artwork. "Happy Horse ," appears in January. Kayla Bundy is a 2nd Grader at Bishop Elementary School. Kayla 's artwork appears in February. Kuyla ', piece was created last year when she attended Clayton Elementary. Cameron Risch is an 811, Grader at Sinclair Middle School. Cameron's artwork. "The Fis/1 of Costa Ri ca" appears in March . Lauren West 1s a 3n1 Grader at Maddox Elementary. Lauren's piece. "Bu1utfl.v." appelll's m t\pnl. Rub) Castaneda is a 5lh Grader at Clayton Elerncnlllry School. Ruby's artwork. "Li1tle Frog s of1/1e Fo rest," appears in Ma y. Stephanie Huple 1s a 611, Grader at Sinclair Middle School. Stephanie· artwork appears in June. Gr.iham Kramer i. a ~11, Grader at Charles Hay Elementar)'. GraNm's :i.n11,ork. ''Glrammg Sun," .ippe.ir, in Jul~. Tmtcn Current ,s J 9'" Grader at Engle,.ood High .:hool. Tnste,i·s piece. ")'111 l'ang S1111." appe;ir m .\ugu.t Tmten ·, am,orl "a, .:re 1cd lil.St )e;ir when he attended S1ncl.ur l\ilddle S.:hool m11na Rodnguez I a -• Grader at M:iddo, Elcmcntar~ School Cn 1111,i'> art,. "Pm F/11111111~v ... appeJr m ep1embc:r .. • t ..._ .. ... • • C C Englewood C ity C ouncil December 1, 2003 Page 3 Zach McNurlen 1s a 4"' Grader at Clayto n Elementary Sc hool. Zac h 's "Scaredy Cm" appears in October. Counci l Member Bradshaw sa id we have two arti s ts featured in No vember 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. Hi s artwo rk is entitled "Dia de los Mu e rros " Hannah Rasby is al so a 7"' Grader at Sinclair Middle School. Her artwork is entitled "Dance of Dear/," Jess ica Ma lo ne is a 6"' Grader at Englewood Leadership Academy. Jessica 's artwork, "Mc Ke e's Elm er Eleplumt," was created last year when she attended Bishop Elementary. It appears in December. There was applause from the audience after each artis t was recognized . Counci l Member T o masso gave each artist a gift card to Hobby Lobby after they received their artwork. Ma yo r Garren said we wo uld like to thank everyone who participated and e veryone for coming thi s evening to he lp us recognize of 2004 Englewood Calendar Artists. There are calendars available o n the ta bl e in the back o f the room. he said . please take some home with yo u and enjoy them throughout the coming year. (b) Safety Services Director Chris Olson said Your Honor. City Council Members. gues ts in th e aud ie nce. and famil y members. we really appreciate you allowing us to do this tonight. This is a presentati o n o f awards to .o ur employees. Normally we d o this about once a year when we have an awards cere mony for Safety Services . We did this about a month ago. but the gentlemen who are here tonight were no t 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 "ould like to do first of all is ask Chief Dave Maxwell to come up and assist me with this process . Our fir,t two awards are gain g 10 be to members o f the F ire Division. I would like to ask Fire Medic Greg Weaver to come up. Mr. Olson said we are always very proud of all of the people in our organization. but obv1o u,ly throug ho ut the year there are certain 1ndi v1dual s that are recognized for activities above and be}ond the no rma l ex pectatio ns of their job. I wo uld like 10 read this certific ate for Fire Medic Greg Weaver. "Fi re Medic G re g Weaver is hereby awarded the Distingui s hed Serv ice Award for hi e xcep1,o nal ,er\'1ce IO the Ci ty. the De partment and the Fire DivlSlon. th roug ho ut the course o f hi s career. Greg has been dn acuvist in the areas of EMS a nd fire service trai non g. publ ic educauo n . the SW AT Medic Program and o ther areas m "'h1c h he recogm zes the need . G reg has gi\'en ve ry unselfish ly of his li me a nd re ,v urces to mal.e Engle\\ood a afcr place to be . Fire Medic Weaver ' commumcnt and dedicau o n repre-se nt s the h1ghe,1 ,tandard s o f the Department o f Safety Service,:· Director Olson congratulated Mr. \\ caver. T here "j> Jpplau.e. Director O lson ,a,d I would hke to say that D"·,s,on Ch,ef IGeth Lockwood would nor rnall} be here for th, . but he had" death an h,s fa mily so he , atte nding to th at matter torug ht. Director Olson sa ,d next I wo uld hke to ask Dnver Operato r Enginee r Mark S tout to please come forward . DOE '.\IJ rk S1ou 1 ,s hereby awarded the Fire Dl\1 ,on Scr\lcC "ard for h, role ,n the procurement of the .\merocan L.iFrance lire apparatu . H, urele dfons an the development of the pec1fica11ons or Jpparatu , Jnd equipment. facmr~ mspecuon . a ceptance te l>. mounung f equipment and the 1ra1nong of p.:r .... mnel. retkct h1> ded1,a11 n to the Engle"ood Fire DI\ 1>100 OOE tout '; ,n,ohement llJld dedicauo n repre;,em, the high ,1a nd ,mls of the Department of let~ er, 1 e Mar._. ·onaratul,lllon . There "as jpplau,e D1rc,tor Olso n ,Jtd our ti nal J\\ard to m ght I J ,er~ ,pee, I l\\arJ .md u D I\, , ,n \ .11 .,, ~ u I.nu\\, th, ha been Jn e~ccpll nail) tou h )e t .i member vf our P hcc nJ~ Qr the II) OfiollllZ U n. . ,• • • t Englewood Cit.y Council December 1, 2003 Page4 but for our department as well . We had two se ri o us 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 no t 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 ... This certificate is prese nted to Officer Eric Zasada and it represents the Medal of Valor and the Purple Hean. 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 suspec t. 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, Bo b Irving. Sergeant Forbes. Don McLennan, Brian Cousineau, and John Tumidge. I would like to thank them for being there. There was applause . Director Ol snn said Council . thank you again for this. During this episode as well, Officer Don McLennan was also awarded a ~i gnificant Medal of Honor for his actions in essentially Skipping this individual who was engaged in J fi refight with these officers. We hope this kind of thing does not occur very often in Englewood an d, unfortunately in this case, Eric was between the bad guy and the Olher end of the round this guy fired. Luc kil y he is here . He has just returned to duty. And that was May 2• when all of this occurred a nd it was a serious situation. so we are glad to h;,ve him back and. again. thank you for bonging yo ur family here . I know you are proud of him.just as we are . So. Director Olson said. agai n. thank yo u very much for recognizing all of these individuals from Safety Services tonight. I appreciate that. Ma yo r Garrett said thank yo u very much . On behalf of the City. we want to say how much we appreciate all the .erv1ces yoy give to the citizens here . Thank you very much . There was applause. 7. Unscheduled Visitors (a ) Jane Coleman. 3901 South Galapago Street. said this ts just short and quick. I would like to g1, e yo u an update o n Ja n Park . We have a cleanup crew that ts comma in three tunes a week . I. m ysel f. go e,ery m rmng and walk the park . I find that tt i clean. We are acmcly staying away from the ,oc er field and the baseball field. so. there shouldn 't be any problem with that or "1th the gras~. If we sec people o n 11. the y arc asked to move 10 the side or move to an area that 1s a11,ay from the soccer and the ba eball tie Ids . I JUS I wanted to bnng you up to date . The park 1s clean. We are monnoring 11 . We are \\Ork in g \\Ith the pe o ple and we are hoping that "'e can keep o ur Jason Park . Thank you. Ma)Or Garrett thanked Ms. Coleman. ommunlcatlons. Proclamations and AppoiDl_.ts There \\ere no ~o mmumcauo n . pro.:lamauo ~ or pp01nuncnt .. t .... .. .. • • - Englewood City Council December l, 2003 Pages 9. Public Hearing No public hearing was sc heduled before Council. 10. Consent Agenda (a) Approval of Ordinance,s on First Reading D COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS IO (a) (I) and (II), 10 (b) (I), (II), (Ill), (Iv) and (v) AND 10 (c) (I). (i) COUNCIL BILL NO. 88 . INTRODUCED BY COUNCfL 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 18""1 JUDICIAL DISTRICT. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 79. SERIES OF 2003 (COUNCIL BILL NO. 64. TRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED ··DEPARTMENT OF THE ARMY RIGHT OF ENTRY FOR ENVIRONMENTAL ASSESSMENT AND RESPONSE" BETWEEN THE U .S . ARMY CORPS OF ENGINEERS AND THE CITY OF ENGLEWOOD PERTAINING TO THE PLACEMENT OF HJGH-VOLUME AIR MONITORING UNIT AT THE ENGLEWOOD GOLF COURSE. (ii) ORDINANCE NO. 80. SERIES OF 2003 (C OUNCIL BlLL NO. 78. INTROD UCE D BY COUNCIL MEMBER WOLOSYN) NORDIN CE APPROVING THE 2003 CITY DITCH/HIGH LINE CANAL AGREEMENT BY D BETWEfa THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF W TER COMMISSIONERS . (DENVER) AND THE CITY OF ENGLEWOOD. 1E NGLEWOOD) FOR THE DELIVERY OF RAW WATER. (iti) ORD! ANCE NO. 81. SERIES OF ~003 (CO UNCIL BILL NO. 80. INTRODU ED BY COUNCIL MEMBER BRADSHAW) \:S: ORDh A."I E APPROVING LICENSE AGREEMENT AND GRANTING A TEMPORARY CO. 'TRUCTIO, EASEMENT FO R :!890 S. C LARKSO STREET lN ENGLEWOOD. COLORADO. '" > ORDfNANCE NO. ~. SERrES OF :003 (C OUNCIL BILL NO. I . l:S:TRODL'CED B\' CO NCIL MEMBER BRADSHAW > .\."I ORDI, AN E APPRO\'h G THE IITTERGO\ ER, MENTAL AGREEMENT BY AND BETWEE, L RB .\:-. DR \J:S: . .\GE . D FLOOD O TR L DI fRICT . THE C ITY OF E GLEWOOD. t ..• • • • Englewood City Council December 1, 2003 Page 6 (J COLORADO . AND CENTENNIAL WATER AND SANITATION DISTRICT FOR DESIGN AND CONSTRUC TION OF DRAJNAGE 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 (il PURCHASE OF FIVE VEHICLES THROUGH THE COLORADO ST ATE BID PROCESS . FOR A TOTAL OF SI65 ,8 10.00. Vote rrsullli: Ayes : Nays : Mo ti o n carried . 11. Regular Agenda Council Members Barrentine, Moore, Bradshaw, Garrett. Wolosyn, Yurchick. Tomasso None (a) Approval of Ordinances on First Reading ( 1) Senior Planner Langon presented a recommendation from the Dcpanment of Community Development to adopc a bill for an ordinance approving the vacation of the Trolley Square Planned Develo pment overlay designation and approving a Dcvelopmellt Agreement between the Dillon Real Estate Company, Inc . This is a request by Dillon Real Estate Company to vacate the Trolley Square Planned Develo pment . 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 reco mmends th :11 Council approve the request to ,,acate the Trolley Square Planned Development overlay de s1gna11on and also rec o mmends approval of the anachcd development agreement pertaining to future de,elo pment requirements on the property . This issue was corisidered and recommended by the Planning and Zoni ng Co mmi ssio n o n October:? I . W03. The site we arc discussing this evening is a 5.5 acre site at 101 Engl~-.ood Parkway. It 1s the King Soopcrs sue. II 1s occupied presently by the King Soopcrs supcrmarl.~t and t"o retail building along Englewood Parkway and at the northeast corner of the site . I "Ill a, that thi, ue docs no t inc lude the Kaufman 's retail store . That is not included in this site . The two 1, ue, 11.)r )OU tonight. as I . 1d. arc the P UD overlay and then also the development agreement. The PUD 1s an o,erlay Jnd that established req uirements for •tandards that were superimposed over the underlying bJ,~ zone d1>tm·1 requirement . So, the y are add111onal requirements for this s ue that were ,upenmposed n n _i t B-l zone d1 tnct requircrnem . The 1ty. in 1972. e5tablished 1he PD regulauons and tho5C PD rei;uljll n, allO\,cd minor development llc'1b1h11e "hen a property was developed. but 11 did not rezone propen}. 11 main tained the underlying base zone dnnct requirements . In 1984. thi si te 11oas developed as J u e b} nght under the B-1 zone d1 met requirement and rcgulauons . The PD was not required at that 11 = 1 1ha1 ume. ,n l 9 -4 . the grocery ,t re . along wuh u rwo level set of •hop along Broad"a) Jnd a t\\ll le,el parking garage "ere buil t there. along with a intlle ro ry retail along the Pm,uy In 199-1 , the B-l regul uon \\ere amended requ1nng any propcn} o,cr I ..ere in 1zc. "'h1ch tlu s ue .,..as, 10 be de,clo ped under PD regul auo ns jnd requirement . o. in 1995 . "'hen King Soopcrs wa111ed to rcde1elop 1111, ue b} remo, in& he '" i le, cl re tail along Broad"a} :ind the paAina uucturc. the)' ere rc<!Wred 10 J ., 1hjt nJ~r 1hc PD proce , !',:o ", jgain. the t>D proces jll.:,"ed >Orne Oe•ub1h1y . t that ume 1hou1h . h.in g \X>per did no11ale ad,ant ge of an ) o r the lle\lb1hty pu ns that 11.-ere a,ailable to them 1hrou11h h.: PD pr. ·e , The} u11hzed onl} the 1:ind;ud 8 -l z ne d1 tn.:t rc1ula11ons :llld requ1rcmcnts In 1996 tne PD re •u lau,,n ere repealed There re 1wo ,ondmon "hen the PD 11..u .ippro,,ed 'umber nc \\j > t, r J mne 1,,,1 eJ,ement al n& the ,outh 1de 111 We I F101d ,enuc. lrom thcenuan.e \.l l K1n1 \,,.,per, 1,, Br n.1J\\J}, jnJ th t "a 1or tutun: dc,el pment ,,1 n&hMurn I.me m Flo}d to Broad";a ,. ' .... . .. • • Englewood City Council December 1, 2003 Page7 sho uld that be needed. The o ther was a dedication o f ten feet of propeny along the nonh side of Englewood Parkway from the King Soopcrs' entrance back to South Broadway. also for the purpose of roadw:ty 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 wo uld 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 lo nger 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 propcny 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 are three basic points prior to any permits for redevelopment of this sue. There wo uld be the requirement for the dedication of an eight-foot wide transportation/utility easement for sidewalks along South Bannock. That was not actually a condition of the original PD, but was a request fro m the Public Works Depanrncnt. because the sidewalk along South Bannock, the public sidewalk, is actually on King Soopers property. So. to become a public eascmelll 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 tum. Then the last ponion of the development agreernelll 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. Co uncil Member Yurchick said is Dillon planning on doing something with that site now '/ s~nior Planner Langon said Mr. Letcher is here . He can address that question probably more fully . They do ha ve plans for remodeling. If you would like additional information. I think he can help. Mr . Bo b Letcher aid I am Director of Facilities for King Soopers/City Markets. Yes. we are looking at the proJect rn tmal at the present time. And when we met with the City. we made the compromise to come be fo re Counc il and Planning and Zoning to make these c hanges to ease the process for everybody.· We arc lookin g to e xpand the store and improve the total interior of the present store ... changing all departments an d improvi ng 1110 toda y's standards. Co uncil Me mber Bra ds ha w sa id as pan o f hi story, I was on Council a milli o n years a ao and King Soopers could no t get o ut o f the tr lease. when they were at Cinderella City, to move o ver there, so the City. at that 1,me. ba,l ed th e m o ut ... bo ught their lease to the tune of a millio n and a hall1two nu Ilion dollars . paid o ff 1he1r lease. so th at they could move 1010 that de velo pment. And at that time. the y said the y were 110ing to p ut in a ,upe r store and ,o 1s 1h1 ti'? Mr . Le i her ,aid 11 a ll depends o n what yo u c all a s uper store . When we built the store in 19~. we felt 1hat was the ;,a mc thing as a ,uper ,tore at that time , but i no longer a s uper store . So what we are <loin& now , . 11 you "ant to c a ll 11 a s uper sto re . I'm not ure how yo u want to address 11 . Ms . Bradshaw 531d w1ll 11 lool. J n}thm g h ke 10 o ne at Ho ll y and Orc hard'/ Mr. Letcher .aid no. 11 .,.o n 't be lil-e Holly and Orchard . II ,., 111 be more hl.c the tore \\C ha, c j ust o pened at the W1ldc:u Reserve in H1ghlar.ds lunch. o r Lo n2mont. \ mdsor. or Den ve r. It will ha ve all o ur tandw-d features ... a .eafood depanmcnt . pec ialty meJi,. tl o ral. expanded GM ,111d a ll ,lf those . but 11 \\On 't be hl.c Orc hard .ind Ho ll y. CO , IL MDIBER BR.\DSHAW MOVED. AND IT W S ECONDED. TO APPROVE \GE, D ITEM 11 (a l 11)-OUNCIL BILL NO. 86. ' ..... ... • • Englewood City Council December 1, 2003 Page8 COUNC IL BILL NO . 86. INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDlNANCE AUTHORIZING THE VACATION OF TROLLEY SQUARE PLANNED DEVELOPMENT IN THE CITY OF ENGLEWOOD , COLORADO . Mayor Garrett asked if there wa s any further discussion . Council Member Bradshaw said I would like to say something . I am glad that King Soopers is finally stepping up 10 the plate after 19 years, but I was hoping for something better . Vote results: Aye s: Nays : Motion carried. Council Members Barrentine. Moore. Bradshaw, Garrett. Wolosyn. Yurchick , Tomasso None (b) Approv al of Ordinances on Second Reading (i) Council Bill No . 77 , providing for the installation of all-way stop signs at Knox Co urt and Tuft s 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 COU RT AND TUFTS AVENUE IN THE CITY OF ENGLEWOOD, COLORADO . Vote results: Ayes : ay,: Mm iu n earned. Council Members Barrentine. Moore, Br:idshaw. Garrett, Wolosyn , Yurchick , Tomasso None (cl Re solun ons and Motions ( 1) Director Gryglew1cz presented a recommendation from the Department of Fmaoce .,nd i\Jm1m tratl\e er ,u:e to adopt a re so lution approving a Supplemental Appropriation 10 che ~~ Budget tor the ale!} Servi ·e Department and Mum ipal Coun . He said the so urce of funq, 1s che nreserH:J nJe 1gn,1tcd Fund Balance of S6:!7.500 00 . The use of those: funds will be $480,500.00 for ·,11e1} . en ice . "hu.:h 1, re 1ora11 on of po 111ons and pension contnbucion and $47 .000 .00 to the Municipal Co un l v r per nncl e ,pe ndnure, 10 co ntinue office hours and SI00.000.00 to the deferred revenue sales cax J.~('OUOl \IJ \llr GJrreu ,,ud ~re the re an} q uc uo n fo r Frank ! Cv un.:11 ~!ember Yurch1c ~ ,.ud doe , ch I mean 1ha1 appro't1m:11el y S600.000 .00 ,.,II go mco our Resenc FunJ . m,, B('~au,e I thought "e t k h:ilf or' 1h:i1 mone y 1ha1 ,-c tound and ,penc half and ,avcd half. C ,und \lemt-.!r Brad,hJ" .ud }OU arc 1:11 1.an g Jbo uc 3 d11ferent amount Arc yo u callung oi the amounc rrn m tne buJ •ct rc1re;11 • . ... .. t • • - Englewood City Council December 1, 2003 Page 9 Coun ci l M e mbe r Yurchick s aid no. when we di sc ussed th is , I th o ught we we re putting ha lf in o ur Reser ve Acco unt. Cit y Ma na ger Sears sa id no . I think what we had come up with wa s $9 30 ,000.00, which was the $339.000.00 th at we were no t goi ng to trans fer back to th e Public W ork s Department for the Servicenter and the n th e add itiona l $600,000.00 that we had anti c ip ate d as ne w revenue o r higher level re venue, so th e net result was $9 39 .000.00. So, Co unc il Member Yurc hic k said , there is $300.000.00 go ing in to the Reserves . Basically, City Manager Sears said. I think there is $300,000.00 that will go there . Ma yor Garrett said we took half out. the first time we did it. Council Me mber Yurchi c k sa id the re has been so muc h mo ney popping up , I'm confused . Mayo r G a rrett sa id does an yo ne el se have questions for Frank'? No one did. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 85 , SERIES OF 2003. RESOLUTION NO . 85. SERIES OF 2003 A RE SOLUTION FOR THE APPROPRIATION AND TRANSFER OF FUNDS . Vote results: Mot ion carried . Ayes : Na ys : Co uncil Members Barrentine. Moore. Bradshaw, Garrett, W o los yn . Yurchick, Tomasso None (i 1) Housing Finance Specialist Grimmen presented a recommendation from the Co mmunit y De ve lo pme nt Department to adopt a resoluti o n approvi ng a Community Dcvelopmem Bl ock Grant Applicati o n fo r 2004 . M s . Grimmett said I am here thi s evening to ask approval for our annual a ppl ica tio n to Arapahoe Count y for our Co mmunity De velo pment Block Grant funds. We have an annual a p pro priati on o f about S 150 ,000.00. but we must s ubmit a pplications for o ur proposed projects . This year \IC p lan to do a pproxi matel y fo ur different projects. One is re lat ivel y new . 1t 1s going to be a mod1fi c auo n o f o ur rehab progra m. by adding kind o f a handyman com ponent that wi ll address some of the needs of our se ni ors and disabled. to do th e littl e things aro und thei r house that we have n't been a ble to quite get done th ro ugh the Hand y Li o n Program. T he se types of thing, will be for addin g grab bars. doi ng m1 no! repairs. ,uc h as fi xi ng broken wi ndO\\S or re pa ir ing a door. th at t}pe ofth1 na . This pamcular project will be set up a, J gra nt . ,o that the ,mall co,t wi ll be fully gi ven to the .cmor at that panu;ular point. This 1s go 1~g to be an ex te n,1o n o f our e xisting rehab program . where \IC are Jlrcad y planmng to do extensive home repair and loa n, thro ugh o ur re gular program. We al so rcquc,t funds I r that partic ular pro gram and 11,c are .tl so req ues tin g fund s fo r the exten,i n o f o ur seco nd year o f the Paint•up/F1x -up Program for a targeted area "nhrn the C it y tha t ha s n t yet been idcnu ficd . We had a uc e ful first )'ear . We plan to c;,.pand that fo r the second )ear. And then la ;tl y. we \\3RI to appl y for an add111onal fourth year 11ppropnauon to ,uppon the Hou,e o f H pc homele · heller . They 1111 ha,e need, fo r a 1>tance \\1t h faffing. the) c n l..ccp the !Jc1l 11 y o pen 1~ ho ur, a da ). days a \\eel.;. They 1111 need ur a I tancc 1th that . So that -..111. Jpproxima tcl). ta l..e up o ur full 150.000.00. We \\on 't I.no\\ the c .:t alloc:mon unul probabl) earl} nut ,pnng. bu t \\C an11 c 1patc thJt a n) Jddit1onal funds \\Ill probabl) be put 1n the Reh:ab Provr.un he .15 1,.ed 1f there \\ere J ny q ue sn o n,. There \\ere none . CO NC IL '.\I E!\IB ER WOLOSYN \10\'ED •. \ND IT W.\ ECO NDED, TO APPROV E AGE.,'D.\ ITE :\1 11 \c l Iii ) -RES OL TION 1'0. 8'. ERi ~ O f 2003. RE Oll'TIO NO 6 . E RLE O F :OOJ ' . .. .. • • Englewood City Council December 1, 2003 Page 10 RESOLUTION BY THE CITY OF ENGLEWOOD AUTHORIZING THE CITY OF ENGLEWOOD. COLORADO. TO FILE AN APPLICATION WITH ARAPAHOE COUNTY FOR A 2W COMMUNITY DEVELOPMENT BLOCK GRANT. Mayo r Garrett asked ,f 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 Garrett said we arc having our Englewood Shines this coming Saturday. I'm s ure 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 15111 we arc going to have a slightly earlier stan . As you recall , we are 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 arc 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 wo n't have dcssen. 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 Garrett said there is a Malley Grand Opening this Friday at 2 o'clock for the doubling of the size o f the Malley Senior Center. Council Member Bradshaw said she would not be there . She said I hav,e a lunc heon at the college. Mayor Garrett said for those that can make it, it will be a nice event . (iv) Mayo r 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 !hat the Park and Recreation Department wi ll try to get with several people from the community and start to think about the ideas we can explore. I ha ve had a person call me about that Task Force and 1 just want to son of articulate what 1 believe is what we decided. ls that what we decided? Council Member Bradshaw said that is right . Because l think, eventually, we do need to look at a real off- lea,h park 100 . ot tn addition 10, o r instead of. but a supplement to what we already have . C11y Manager Sears said I would like to offer our dcpanrncnt to provi de some assistance and Mike Flahert .. \\ho has done a good job. would also provide some liaison assistance. if that is okay Mayor G,mett ,aid I apologize. To me . it is up to the Ci ty Manager to decide how he wants to allocate taff. ,o I apologize. C1t) :vtanager ears aid \\C \\1ll" rk with Jerrell Bi a k and Dave Lee in particular and Mike will do that . ~laibc ,e ·an pro \lde ,ome gu idelines back 10 Council o n where. from a s taff viewpoint . we would hke to ;,ee 1h1n g, Jnd mJke ,urc that City Counc1l 1s m agreement with where we go. \IJ)Or G arrett thanl..ed Mr. ears. 1b1 Co un cil Member · Choice \II o uncal Member Bradsha"· t .. • • Englewood C ity C ouncil December 1, 2003 P a ge 11 l . She said you are all in vited to Carol on the Trail. In addition to our events here. you can start with me at 10 o·cl ock o n the trail Saturday morning. Pcaberry Coffee is providing free coffee and there will be fr ee do nuts. St. Ni c k's is o ffering deals. so it might be worth your while to journey down !here. And we ha ve th e infam ous Board o f Adjusl and Appeals Santa s ho wing up ... nor free of charge, bur 1ha1 is o kay . So, she said ii will be gre.:il and !here is a craft fair al lhc Rccrearion Cemer. So jusl plan on being in E ngl c wooo all day Saturday, she said. 2. She said I wanl 10 remind you of lhe Sinclair receplion . I wenl to the one at Washinglon Murual. Those kids' piclures arc incredible and there is one !hat I know has to win a national award. I hope that all lhe kids will bring their piclures down and you can spend some time talking to them, because it was fascinating what they did. 3. She said the o ther 1hing is we need to de.:il with Food Bank o f the Rockies, because o f lheir presentatio n la st week. We need to lhink about that for some funding , because it sounds like they meet a huge need in our communiry and especially this year. 4 . She said I wamcd to also bring to your attention the letter from the City of Thornton. I know Mayo r Busck acted 011 that wilh his staff. Mayor Garrett said is !hat being forwarded on to the Board'/ City Manager Sears said we c an do !hat. Ms. Bradshaw said we need to forward !hat to the Board again. Good point. (ii ) C ouncil Member Wolosyn : I . She said before I wenl on vacation last week. a constituent called and asked me about when we were having 1he Code Enforcement Commission look at the derelict vehicle ordinance . I noticed in the last minutes we got of lhe November meeting, !hey were going to look at the definition of a fence . I remember at o ne o f our meet ings, we were going to look at the definition of trailers. So !his man would like to attend a Code Enforcement meeting when they are discussing it, but I have a feeling that happened at the No vember meeling. I jusl wanted 10 know . Can anybody here give me an update? Counci l Member Yurchick said there was no November mecling and they arc waiting for the UDC 10 come o ur wilh a definitio n o f a fence. He said I do n't know about the trailer definition. Ms. Wolosyn said will yo u ha ve a December meeting? Mr. Yurchic k said I don'I know, you will have to ask Lauren . She is o n the comminee no w . Ms. Barrcnline said the y have ii lisled on the c alendar. Okay, M s. Wolos yn said , I w ,11 te ll hi m. 2 . S he said I decide d I will be lhe liaison fo r Keep Englewood Beautiful. I la lked 10 my husband ... I won't be super involved, but I think we do need cont inu iry wi th Boards. II is no r a b ig burden. so I will do II. 13. C ity Manager's Report ta) Ciry Manager Sears said regardi ng the bookmobile lease, I will ask Hank Long to come forward a nd talk 10 Counci l about that . Director Long said I wam 10 offer j ust as a li nl c b11 of a refresher. In 1hc 2004 bud aet. part of the reducuons tha1 we were laced wi rh was the s us pe ns ion of the Bookmobile services for 200,l. When we lost o ne u f the '"o driver posiuons e.:ir li e r in the year. we a lso made the IJecision 10 suspend ti early. ubsequent to that. "e received a le tte r from the Douglas Publi c Li brary wishi na to lease the Bool.Jnob,lc f r a ~ear tamng tn January ~004 . I had talked wtth Council o n October 13• about tht s and" a,,cn the d1rernun to proceed wuh ncgo11 a11on 11,1 th 11 ,ouple of caveats. one be mg 10 raise the pnce fro m S7.500 00 10 · I :.000 00. Dougl~ ubscquen1ly 1111rccd 10 do that and I have two s11ned contrllets. which I will bnna 10 , o u , n the: 15 111 ror lorm I approval. :w.urrung that alter tontght, we KO ID that dtrcctton. He td do ) u ha~e ~n : que,11 ns '! I '"" be happy to an \\Cr those. • • Englewood City Council December I, 2003 Page 12 Council Member Brads haw sJid is it for one year? Mr. Long said yes, for one year. Ms. Bradshaw said he men1ioned two years in this, that they are lovking at maybe a two-year period. Mr. Long said we are 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 I read this , am I correct that the $12,000.00 is essentially an upkeep fee . Mr. Long said there are two parts to that . One part is the annual mainicnancc for keeping the vehicle operating and, as part of the contract with Douglas, our Servicemcr will do quarterly maintenance, as if we were still running the vehicle. That is a little bit over $4,000.00. The other pan 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 Garrett said a couple of things ... and if 1 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. 1 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! 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 l do that. Where, if it turns out their use of the vehicle is extraordinary, it is a pretty cheap deal. lfthcy 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 main1enance. 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 are 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 pan 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 Serviccnter 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 arc right. Co uncil Member Bradshaw said 1s there a mileage limit'/ Mr. Long said no. Ms. Bradshaw said that would be o ne way to take care of that. But. Coun 11 Member Barrentine said. we would know how much the mileage normally was when we were ong It And thJt ,s -.hat they are basing their maintenance off of.. .the avcrngc use that 11.cost them betore. correct'' Mr Long ,aid correct. Ms . Barrentine said couldn't we set that as the minimum ·/ Council ~!ember Br:idshaw said let's set that as the maximum. Or. ~1a )or Garrett said. have penalties on the 01hcr s ide ... have penalties for extra mileage. My concern JISO ,s that the whole purpose .. -.hy I did th, or thought it was a decent idea. was to j!Ct money back in the coffer of the Library. Ms. Brad ha\\ a,d nght. D1rec1 or Long a,d and I thank ~ou for that. That "as my understanding too al the ttmc. Ms. Bradshaw ,Jtd but 1ha1, ll\ll go ing 10 happen. Mr. Garrett said at S15.000.00 11 would . Mr. Lona said it would. but I'm no1 ,ure they \\Ould be" oiling 10 do 1ha1 . But. I can cena,nly go back to them at this poinr. of that is yo ur reque,t. Jnd see Jbout raising that . C, un.:11 Member Brad ha\\ atd l thin l: there arc two I ue, ... rrulcage and money. t .. • • Englewood City Council December 1, 2003 Page 13 Director Long said l 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 . Co uncil Member BaITentine said otherwi se we are better off letting it sit. We don't expend any money on maintenance , becau se it is sitting. and we are not charged for any of that. I think that is reasonable to make so me profit. Oh, this is government. government doesn 't have profit. Mr. Garrett said this would be enhan.:ement revenue for the Library. Council Member Wolosyn said I am not exactly clear about the $8,000.00 for the CERF. Could you e xplain 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 does wear out. there would be money to buy a new one. if that were the wishes of the City at that 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 are using a Bookmobile? Director Long said there are 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 are going to be remodeling this coming year, and that is why they were loo king 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 10.000.00 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 ii is. on many levels . He said I would be happy to !like those two requests back to Douglas with the possibility that they may or may not agree to it. Ma yo r Garrett said are there any other comments. Council Member Moore said are we really saying that sitting idle for a year saves nothing versus letting it go out and bringing in $1 2,000.00, is really equal to us? I guess maybe I'm looking at it, thinking that the ve hi cle depreciates. whether it sits there or not, and so we are at least getting paid for that depreciation . Ma ybe Ken ca n co mment o n this , but it seems like our o ptions are zero if it sits there or $12,000.00 and they can get a little use out of it . It is not clear to me that that is an equal proposition . Director Ro ss sai d we are saying if it is sitting there . then when we do activate it again, the Library will have that extra year of use. That is why we cancelled or forgave the SS.000.00 CERF payment. But you are right. the va lue of the ve hicle . if it is sitting 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. Co uncil Member Moore said let me phrase it differentl y. If we delay a year. I mean if we leave it idle for a )ear. does that truly delay the replace ment a year down the road? Cars age regardless of the use or not. really . Mr . Ross sa id obviously ... it is debatable . I mean , if the hose lines arc rotting while it is sitting there . or the vehicle is ru sting o ut as it is si tting there , then o bvio usly you're not delaying the potential th at 1t '"II be replaced. but that 1s the assumption that we made . Council Member Barrentine said altho ugh yo u pay more for a low mileage car than you do for high mileage car. so 1t would ,1111 depreciate less ,itt ing there than 1f 11 were being used . Mr . Ross said 1heore11cally , 1f there 1s u market for a Bookmobile . ' • • Englewood City Council December 1, 2003 Page 14 Co uncil Member Moore said , in going back to them with a S 12,000.00 proposal . is that the number we rn lked about'? Director Long said that is the number I recall. We talked about changing that $7,500.00 to $11 .000.00 and that is the number I gave them . In talking with them informally , that is what they felt they could pa y. 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 is covering so me of the depreciation and I'm kind of uncomfortable 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 so mething back for the Library as well. Ms. Bradshaw said wc thought it would go $4,000, $4,000, $4,000. Director Long said I suppose we could still mlk 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 miking with Ken. so it is a little muddled, shall wc say . But, he said , I would be willing to go back and look at that. Council Member Wolosyn said I do see how we are 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 di scus sing was to bring an asset to a particular department. Mr. Long said so did I. . .l was hopeful we would be able to use that to fill at least part of a position that we lost. Council Member Moore said the Library docs still stay one year closer, in this circumstance. to being able to replace the Bookmobile down the road . So there is , al least, a deferred gain of sorts. Council Member Barrentine said I think it kind of depends on what ii is worth 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 Bookmobiles ... for their ~ituation. 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 arc not providing that service. I guess with the o riginal 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 Lo ng said when we entered into the talks with Douglas County, that is what I thought we would be able 10 do. But. at that time. I wasn 't under the impression that I would have to pay Public Works for the CE RF and also for the annual maintenance . I understand the annual maintenance .. .l don't have a problem wi th that. Council Member Yurchick said I hear Ken sayi ng he forgave the CERF and Hank sayi ng he has got to pa y it. Where are we at on this ? Director Ross sai d we were goi ng to forgive the CERF if he was just going to plrk II for a yelr. That is where that expression came fro m. but since he is not pit/king it and it is getting used. potentially. eve n more than what it would ifit stayed in Englewood. we didn 't feel comfortable with forgivi ng 1t. Mayor Garre ll said we ha ve two issues . let's separate them and make it easy. Who would like to have so me kind of mileage penalty built into the co ntract'/ Council agreed to the mileage penalty. Mayor Garren ~aid we will at least ha ve the mileage penalty. Now. he said , for the more critical issue. Do we want 10 ra y w11h the 12 .000.00 wi th the mileage penalt y or should we go back and renegotiate a slightly higher rate ,o the library ca n recoup so mething? Counc il Member Barrenunc ,aid I wo uld tile 10 ask o ne mo re question . ls there II possibility that we could ask them 1f they wanted 10 do their""" maintenance 1 Leave it at 5 11 .000.00 and let them do their own maintenance . .. t • • • Englewood City Council December I , 2003 Page 15 Direc tor Long sa id we could do that. but my understanding fr om Public Work s b the y would prefer that we do 11 he re in the Ci ty. because that way we are assured o f the quality. If we let them d o it, and thi s is no reflecti on o n Do uglas Count y Library. it is just that we do not know to what degree of servi ce the y would maintain the ve hicl e. Coun ci l Member Wo losy n said in the original di sc us sio n that we had that night , when we talked about the $12.000.00, I know there was so me mentio n that they would bring it to our Servicenter for servicing and I th o ught they would be paying o ur Serviccnter. 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 fo r rental. Usually you rent something and you pay to service it. Mr. Long said right and I am sorry if I gave the wrong impress ion o n that. So. Mayo r Garrett sa id , do we want to stay at $1 2,000.00'/ Who wants to stay at $12,000.00? Council Member Moo re 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 l will work with Public Works to get the correct phrasing for the mileage penalty . In doing that, I still intend , if all goes well . to bring this back to you on the 151h 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 :.ale 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 o ver here, read . sing, and have marshmallows . Cool. (b) City Manager Sears said the other issue you have before you. is a letter to be sent to Cal Marse lla . This was cy afted by our staff and o ur attornci' to again respond to the response that we received fr o m RTD from o ur o riginal letter dated September 29 , This is regarding the landscaping requirements that are needed by RTD for the completion of the maintenance center ... the 1.5 acres of open space. Before I sent thi s to Cal , because thi s does become somewhat of an official record, I wanted to let Council be aware o f it and look for any comments Council may give to me about this letter. I don't know euctly what the response is. but c learl y the response that we recei ved from RTD was not what we were anticipating. Cou nci l Member Bradshaw said it sounded like he got a different lcner. Mr . Sears said, unfortunately , I had hoped that from that letter we wo uld ha ve had mo re internal di sc ussions 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 sJ1d because we did n 't have o ne . City Manager Sears aid the y wanted to do it o n the north si de of the property and that is unacceptable. It doe tie mto their purchase . but we ha ve no t seen that document between Barton and RTD. We know that deal h.is been done . We j ust have to flag that th ey have until. basically. April to pro vide that to us . Council Member Yurchick said I ha ve a cst1on o n o pen space o n development Does that mean public acce,, or does that mean behind the fence qualifies? C ,uncol '.\lember Bradshaw aid 111s publi c access. is n't 11 , o pen space ? No? So the space between the rail Jnd the fe nce that ha crap m 11 . 1s ca lled open space? Mayor Garren .aid na ti ve dirt . Ms . Bradshaw said not nJtl\ e d irt but nauve trash . Senior Planner Langon said ge nerally o pen pace I JUSt an area that I not de,·eloped . [Cl erk · note : :Vis . Dannermller made comments from the Judience that "ere not audible .] t .. • • Englewood City Council December 1, 2003 Page 16 Ms . Lango n sa id an exampl e wo uld be a n apartment building on a piece o f pro perty, in a court ya rd area , that mi ght be o p.:n space, but it's not publ ic acc e ss are a . So. Counc il Member T o masso sa id , they c an say between their line and the main rail is open spa ce ? Seni o r Mana ge r Dannemiller said correc t me if I am wrong . It can't be an area that is paved o ver ... or just by the virtue of th e fa c t there is nothing built on it. There are some additio nal requirements for o pen spa.:e ... landscaping and things like that, but that does not mean they hav.: to have public access and be able to put benches and things like that on it. It is limited to o pen area developed with landscaping . Ms . Lan go n said co rrect... landscaping or some type of fini sh to the gro und . It could be a detention pond , it could be an o pen spac e area ... multiple definitions. Co unc il Member Brad shaw said but the fact is , the y ha ven 't do ne an ything to ward the open space requirement . That is the point o f the letter. C ity Manager Sears said yes, that is the point o f the letter . I think our intenti o n. in part, is to get them to work with us o n Bates Station and th e piazza, so that they can utilize the open space requirement as part of the piazza development that occurs. I think it is kind o f what is in the letter. .. that we are saying that would meet o ur requirement s , if they put together some agreement with the City ... that that is what the case is if FasT racks passes. If FasTrac ks doesn 't pa ss, then they ha ve to provide some other alternative, whi c h pro babl y will be cash in that situation . I think what we arc trying to do is lead them into utilization of the piazza , utilizatio n 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 , e specially through FasTracks, because the Bates Station is in that. I do n't think our intention is to just develop some open space area that is inconsistent with where that develo pment needs to go. But. unfonunately, 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 c ome to the plate here . That is klnd of where we arc at. Counci l Member Bradshaw said okay . Ma yo r Garrett said I am fine with the letter. Co unci l Me mber Wo losyn said it is a good letter and I look forward to hearing the response . (c) C ity Man ager Sears said , again , a re minder to the Co uncil that next Monday night is so mew hat th e fi nal meetin g ni ght for Study Sess io ns fo r th e remainder o f the year. Obviously. if the re is so methi ng, lik e th e Si nclai r Middle School or somethin g that does come up , we can make some adjustm e nt s o n the 15th . If th e re are certain iss ues tha t we need to foc us o n. please let us kno w. We li sted a co uple o f items and , probabl y. I th ink so me o f th ese ite ms fo r nellt wee k may be adj usted back to provi de fo r th e Uni fo rm Develo pm e nt Code. I thi nk the Go-Pcds issue , as I understand the Counci l. wi ll pro bably be addressed mo re to wards spring . Or. to have it resolved by ,pnng. Coun c il Me mber Brad shaw said have yo u see n th e ads for the m in the c irc ul ars ? They are all over. No t th.J I we need 10 reg ul ate beca use o f ad s . but they arc a ll over. Co un c il Member T o ma sso sa id the re was so mebody o ut th e ot her nigh t when 1t was about 20 de grees nding fo r about fo ur hour s. Ci ty Mana ge r Sears sa id so we ~oul d. I thin k. co nunue 10 do that next Mond ay m ght , bu t I also thin k that 1he firs t part o f January may be a more appro pr iate ti me tO do th at . "he n we can actuall y reall y foc us o n that reg ulati o n. We d o have the inoperab le ve hic le o rdinance and methods of e nfo rcement ... the o utdoor ,wrage u rd ina nce, aga in . ., t ... .. • • Englewood City Council December 1, 2003 Page 17 City Attorney Bro tzman sa id those are set for January 5•h . Mr. Sears said I am sorry, 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 UDC . 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 are 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 PM. TO DISCUSS REFUNDING OF GOLF COURSE BONDS. Mayor Garrett asked if there was any discussion. There was none. Vote results: Ayes : Nays : Motion carried. Council Members Barrentine, Moore, Bradshaw, Garren, Wolosyn, Yurchick. Tomasso None (b) City Attorney Brotzman said in the discussion of the balloc question for publishing by title rather than in full. the example was the UDC. The UDC is now coming fonh on the 15• for first reading . The explanation lo Council was, unless by exception, we would publish everything . I would request at this time, not to publish the UDC. We would have it avail able in the Library, and available on the Web but not published in the Herald. ls that acceptable"! Counc il determined that that was acceptable. 15 . Adjournment ~RRETT MOVED TO ADJOURN . The meeting adjourned at 8:55 p.m. ~~-'" • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Special Meeting Monday, December 8, 2003 I. Call to Order The special meeting of the Englewood City Council was called to order by Mayor Garrett at 6: IO 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 . Roll Call Present : Absent : A quorum was present . Council Members Tomasso, Moore, Barrentine, Garrett, Bradshaw, Wolosyn Council Member Yurchick (Clerk 's Noce : Council Member Yurchick arrived at 6 :12 p.m.) Also present : S. Regular Agenda City Manager Sears City Attorney Brotzman Assistant City Manager Flaherty Deputy City Clerk White Director Gryglewicz, Finance & Administrative Services (a) Approval of Ordinances on First Reading Mayor Garrett sai d this is a special meeting with one item on the agenda, Council Bill No. 92, and that is all we will discuss thi s evening. 5b (i) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt an Emergency Bill for an Ordinance authorizing the issuance of Golf Course Enterprise Revenue Refunding Bonds. He said this will establish an escrow account for the proceeds o f th ose bonds 10 pay off the current I 994 Golf Course Bonds. He noted it prescribes the form of bo nd s. provi des for pa y ments of debt service and other details related to the bonds . The Golf Course Bonds were issued in 1994 for S-i.045 .000.00. Those are the bonds that built the nine-hole par three course. expanded the C lub Ho use and also built the teaching facility . Director Gryglcwicz said we :ire refunding this year fo r a couple of reasons . First of all . we arc going to talc advantage of low interest rates , which are probab ly a little ove r:? percent on the s hort end and 5 .7 percent on the long end. He St.lied we arc, also. go in g to ex tend the maturit y of these bonds that wo uld have been paid off m 10 years. to another 10 years . It 1, go in g 10 reduce debt ervicc payments. wh1,·h "111 give the golf course a lot more fle lti b1lit y, especially duri ng thi s u me of much mo re ..:o mpe11t1on . and II will all,>w u, to 1.~p our rates lower. In 10 years 1f 11 loo ks 11 1.e "e ha ve built up o ur reuuned eammgs. we will rcurc >Orne o f these bonds. and realize more ,avmgs . Director Gr) g le" 1cz ,aid .:urrently debt en ices averages almost S380.000.00 a ye11r . With thi s retundmg. \\C ;ire loo t.m g at Jbout :~0.000.00. "h1~h "'II pr,»1dc us a lot o f Oc :ub1l11y . t .· .. •' • • Englewood City Co uncil December 8, 2003 Page 2 Mr . Gryglcwi cz said we arc looking at second re ading a week from today . Mayo r Garrett asked if there were any questions. Coun c il Member Yurchi ck asked how much additional interest would we pay in iota! by extending these bonds. Director Gryglcwicz said we haven't finished the entire deal yet, but we will pay a little bit. As I said earlier, we will look at refunding some of !he long bonds in ten years, so we will have savings. When I get that entirely finished. I will have that for you . Mayor Garrett asked if !here were any other questions . There were none . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 5 (a) (I) -COUNCIL BILL NO. 92. COUNCIL BILL NO . 92 , SERIES OF 2003 , INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE OF GOLF COURSE ENTERPRISE REVENUE REFUNDING BONDS . Vote Results: Ayes: Nays: Motion carried . 6. Adjoummeal Council Members Barrentine, Moore , Bradshaw. Garren, Wolosyn, Yurchick, Tomasso None TO ADJOURN . The mcetina adjourned 1116:IS p.m. 2003 HOLIDAY LIGHTING CONTEST ANTS December 9, 2003 -Winners List ADDRESS 4104 South Sherman Street 5041 South Elati Street 4990 South Elati Street 4580 South Lipan Street 4255 South Delawar{street 2811 South Cherokee Street 2987 South Cherokee Str eet 3395 South Race Street 2130 East Eastman Avenue 3523 South Cherokee Street 4536 South Sherman Street 38 20 South Galapago Street 3270 West Grand Avenue 4970 So uth Elati Stre et 3936 So uth Elati Stree t 2877 So uth Li ncoln St ree t 2875 So uth D elaw are Street APPLICANT NAME/AWARD The Miller Family (Mayor Award) Ron & Melanie Kloewer (Life Time Holiday Spirit, Richard & Alice Kloewer (Excel-lent Award) Alex Herron (Disney Award) Rich Morales (Angelica Award)--'" The Patmor's and Grandson Soloman (Doh! Award) Cyndi Krieger (Air Sick Santa Award) Kim & Opal Boucher (Fung Shui Award) Donald C. Herzog (Artistic Impressions Award) Andrew Comins (Best Use of Parking Lot) Doug & Debbie Haas (Honorable Mention) Lynette J. Warren (Honorable Mention) Patricia A . Lobb (Honorable Mention) Thomas Cordova (Honorable Mention) Shim & Paula Fe ase ! {Honorable Mention) Ran dall Nylander (Honorable Mention) Mark A . Greiner (Honorable Mention) Keep Englewood Beautiful Presenters: Chair Holiday Lighting Event: Eric Crotty Co-Chair Holiday Lighting Event: Jac kie Edward s II l(J R0lll'\ll0ARDS1K«p Engk"ood lleauuful\ProaramslHoloday Lighua1\200Jl200J Holiday Lap11na w;,,_. Usa doc • Issue proclamation Englewood Jubilee II (EJ2) Sponsor Recognition December 15, 2003 • Thank sponsors for their contributions to Englewood Jubilee II events. • The sponsorships paid for a// EJ2 activities -saving the City any direct expenditures • Recognize sponsors individually (we'll have certificates to pretent that night) · Roy Altenbach (sponsored Alexander Industries stained glass panel in Library) -Br:dshaw Family· Beverly, Bud & Kevin (sponsored Tuileries stained glass panel in Library) 1-tO LT-M~e' -Bill & Barbara Holthaus (sponsored restoration of the Gryphon on grand staircase) -Cripple Creek & Victor Gold Mining Company (sponsored "Englewood Blooms") Marie Patterson representing CC&V -Gothic Theatre (sponsored Jubilee 2 Dinner Dance) -Kumpf Lincoln-Mercury (sponsored Liberty Elm Restoration project) . -Swedish Medical Center (sponsored EJ2 Festival & Olde Tyme Fair) · Xcel Energy (legacy Project Grand Sponsor) -Tom Ashburn representing Xcel • Thanks also to EJ2 Coordinating Committee for their efforts PROCLAMATION WHEREAS, Washington Mutual sponsors an annual student photojournalism project called "Home of the Free;'' and WHEREAS, the "Home of the Free" project pairs students with local photojournalists, enabling the students to learn how photography is used ·in news reporting and providing them an opportunity to see their own local government at work; and WHEREAS , the project encourages the student teams to research, interview, and photograph public servants in their communities; and WHEREAS, eight students from Sinclair Middle School have been chosen as finalists in this year's "Home of the Free " project: and WHEREAS : these talented young photographers have digitally captured Englewood community members in a variety of exceptional candid shots: and WHEREAS, the City of Englewood is honored to have these fine works on display at the Englewood Civic Center from December 15 through 20, 2003; and WHEREAS, the City of wishes to extend its sincerest congratulations to these young artists for their outstanding accomplishments: NOW, THEREFORE, the Englewood City Council proudly recognizes the talents of these student photographers from Sinclair Middle School. Michael Eastwood Patrick Lowder Chris Miller Nina Mooney Josh Pizarro Ryan Shockey Justin Tartler Jaron Trujillo We thank them for their contributions to the "Home of the Free " project, the City of Englewood, and their community. GIVEN under my hand and seal this 1 sm day of December, 2003 . Douglas Garrett. Mayor .. t ..• .. •. • • ·• • • 0 PROCLAMATION WHEREAS , Englewood resident Christopher A. Ransick has published poetry, short stories and non-fiction since 1980; and WHEREAS, after completing his master's degree in journalism and creative writing, he joined the faculty at Arapahoe Community College; and WHEREAS , Chris Ransick currently serves as Chair of the Englewood Public Library Board ; and WHEREAS , Mr. Ransick 's writings have won prizes and recognition in numerous literary competitions in Colorado and across the nation, including the Java M ountain Poetry Contest, the Paintbrush Poetry Contest, the Hard Ground Writing Contest. the Celeste Turner W right Poet ry Prize . and the Browning Society Dramatic M onologue Contest, and WHEREAS, in 2002 Mr. Ransick published his first full length collection of poetry entitled. Never Summer; and WHEREAS , this poetry collection recently tied for First Place in the 2003 Colorado Book Awards category for poetry; N OW, THEREFORE , the Englewood City Council proudly recognizes and honors Christopher A . Ransick for this special achievement and encourages him in his future literary endeavors . GIVE N under m y hand and seal this 15 ~' day of December, 2003 . Douglas Garrett, May or 8 ' .. • • PROCLAMATION ~ ~ WHEREAS , Englewood was lnco,po,at,d as a City on May 13, 1903 ; and ~ ~ WHEREAS , the year 2003 marked the City of Englewood 's centennial; and WHEREAS, in honor of this significant event, the Englewood Centennial Committee christened 2003 "Englewood Jubilee II : Old Century Charm, New Century Vision" and coordinated a year-long celebration of community activities marking the centennial; and WHEREAS , during 2003 many individuals and local businesses and organizations generously donated time, funds, and materials to make these community activities a success; and WHEREAS, special recognition goes to the following major contributors : Roy Altenbach Beverly, Bud & Kevin Bradshaw Bill & Barbara Holthaus Cripple Creek & Victor Mining Company Gothic Theatre Kumpf Lincoln-Mercury Swedish Medical Center Xcel Energy Corporation WHEREAS , the citizens of Englewood celebrated their common history in 2003 through community activities made possible by these sponsors; NOW, THEREFORE , as 2003 draws to .1 conclusion, we, the City Council of the City of Englewood, Colorado, take pride in the celebration of Englewood's centennial and thank everyone involved for their contributions in making it a resounding success. GIVEN under my hand and seal this 15'1, day of December, 2003. Douglas Garrett Mayor J, t .· .. ,• .. • • • - COUNCIL COMMUNICATION Date: Agenda Item: Subject: December 15, 2003 10 a i Public Service Company Easement for Pirates Cove Initiated By: Staff Source: Public Works Department Rick Kahm, Capital Projects Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance No. 14, Series 1988 approved a franchise agreement with Public Service Company of Colorado (PSC). Council approved a motion to award a design contract for the Aquatics Park to the firm of Lyman Davidson Dooley Architects on August 19, 2002. Council approved a motion to award a construction contract to Taylor Kohrs on July 21, 2003. RECOMMENDED ACTION Staff recommends Council approval of a Bill for an Ordinance granting a utility easement to PSC to underground existing overhead utility lines near 1225 W. Belleview Ave. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Early in the planning stages for the new Aquatics Park (Pirates Cove), staff contacted PSC regarding the feasibility of burying the existing overhead utility lines adjacent to the new facility. An earlier project buried the overhead utility lines west of Pirates Cove adjacent to the South Suburban ballfields . Our proposal included beginning the project just west of Pirates Cove, where the previous project ended, and terminating at the east end of the existing Belleview Parl< parl<ing lot PSC engineers determined the project is feasible and eligible for funding through the 1 % Underground account per the Franchise Agreement. Quest telephone lines located on the poles will also be buried . FINANCIAL IMPACT The estima,:e for burying the PSC electric lines is $220_,730.00. The underground account held by PSC will cover the entire cost of this portion of the work. Quest telephone lines will be coordinated with the PSC work and will utilize the same trench as PSC. Typically, Quest charges the City directly for this work, however, Quest engineers have told our staff that th ey will not charge for this project. The Pirates Cove project has $30,000 budgeted for this work. LIST OF ATTACHMENTS Bill for an Ordinance Easement document with attachments Drawings showing easement location ' • ORDINANCE NO. SERIES OF 2003 BY AUTHORITY ·BILLPOR COUNCIL BILL NO. 90 INTRODUCED BY COUNCIL MEMBER AN ORDINANCE AUTHORIZING AN EASEMENT AGREEMENT FOR PIRATES COVE BETWEEN THE CITY OF ENGLEWOOD AND PUBLIC SERVICE COMPANY OF COLORADO. WHEREAS, the Public Service Company to underground existing overhead utility lines near 122S W. Belleview Avenue [Pirates Cove construction project]; and WHEREAS, with the passage of this Ordinance the Englewood City Council authorizes an casement agreement with Public Service for the under grounding of the existing overhead utility lines adjacent to Pirates Cove; 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 Public Service Company of Colorado Easement Agreement, attached hereto as "Attachment A". Section 2. The Mayor and City Clerk arc authorized to execute and attest said Easement Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 15th day of December, 2003. Published as a Bill for an Ordinance on the 19th day of December, 2003. ATTEST : Douglas Garrett, Mayor 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 1 Sth day of December, 2003. Loucrisbia A. Ellis -1- t .. • • DNISI ON South Metro Division ROW AGEN T Edward M. Barella LOCAT ION W. 8-Ave. & South DESCRIPTION AUTHOR Edward M . Barella W indennen, Sl AUTHOR ADDRESS Public Service Company of Colorado 10001 W . Hampden Avenue. Lakewood, co 80227 DOC .NO . Pl.AT/GRID Ml . 2140-108 , 30013110 E WOIJOICREG NO. SRI 1S7079 PUBLIC SERVICE COMPANY OF COLORADO EASEMENT The undersigned Grantor hereby acknowledges receipt of good and valuable consideration .from PUBLIC SERVICE COMPANY OF COLORADO (Company), 1225-17"' Street. Denver, Colorado, 80202-5533, in consideration of which Grantor(s) hereby grants unto said Company, its successors and assigns, a non-exclusive easement to construct. operate, maintain, repair, and replace utility IIMa and all fixtures and deYlces, used or useful In the operation of said nnea, through, over, under, acroaa , and along a COW'N as said llnes may be hereafter conatructed In LOT{s) _. BLOCK_, SUBDMSION _, In the __ of Sec:llon-9...., Township ....L_South, Range 68 West of the ~ Principal Meridian In the City of Englewood County of Arapahoe State of Colorado, the easement being described as follows; See Exhibit A attached hereto and made a part hereof. The easement is ~feet In width. The side boundary Une1 of the e-,ient lhall be lengthened and ahortllned as rwary to encompass a continuous strip of not lea than the above wtdlh at all points on Granlol's property CIOlled by the above delcrlbed easement and extending to the boundartel of adj-,t properties. Together with the right to enter upon said premlaa, to su,vey, conS1ruct, maintain, operate, repair, rep!Ka, control, and uae lllid utility lines an,d related fixtures and devices, and to remove objects lnterierlng thenlwlth, Including the trimming of treel and buaMI, and together with the right lo use so much of the adjoining preml-of Grantor during awveytng, conatrucllon, maintenance, repair, removal, or replacement of said utility llnea and related fixtures and devices as may be required lo permit the operation of standard utility construction or repair machinery. The Grantor -the right to use and occupy the easement for any purpose COlllliatent with the rights and privileges above granted and which will not interfere with or endanger any of the said Company's facllltlM therein or use thereof. Such reservations by the Granlor shall in no event Include the right lo erect or cause to be erected any buildlnga or atructures upon the easement granted or to locate any mobile home or trailer units thereon . In case of the permanent abandonment of the easement, all right, privilege, and interest granted shall terminate. The work of ins talling and maintaining said lines and fixtures shall be done with care ; the SUlface along the easement shall be restored substantially to its original level and condition . Signed th is _____ day of _________ ,2003_. (Type or print na me below each sig nature line with official ti tle if corporation , partnership. etc.): GRANTOR : C itv of E nolewood ATTEST: By : Do uglas, Garrett , Mayor Lo ucri a hi& A. Ell is , Ci ty Cle rk __________________ , .. __ STATE OF COLORADO ,------ A t t a C h m e n t l • • Exhibit A An easement (15') fifteen feet In width within Section 9, Township 5 South, Range 68 West, of the Sixth Principal Meridian, County of Arapahoe, State of Colorado, having a centerline described as follows. Commencing at the Southwest corner of the Southeast comer of said Section 9; Thence South 89° 57' 00" East along the South llne of said Southeast Y., a distance of 835.00 feet; Thence North 00° 03' 00" East, a distance of 30.00 feet to the Southwest comer of a parcel of land recorded In Book 574 at Page 170, County of Arapahoe, State of Colorado, Also being the North right of way llne of West Belleview Avenue and the Southwest comer of a parcel of land recorded as an Improvement Survey Plat at Reception Number 02664; Thence South 89° 57' 00" East, along the South llne of said parcel of land and North llne of said West Belleview Avenue, a distance of 7 .50 feet to the Point of Beginning; Thence North 00° 03' 00" East, a distance of 37.50 feet; Thence South ago 57' 00" East, a distance of 350.00 feet to Point A; Thence South 00° 03' 00" West, a distance of 37 .50 feet to the Point of Terminus on the South llne of said parcel of land, recorded at Reception No. 02684; Beginning again at said Point A; Thence South ago 57' 00" East a distance of 228.00 feet to the East llne of said parcel of land recorded at Reception Number 02684; Thence continuing South ago 57' 00" East, a distance of 258.00 feet; Thence South 00° 03' 00" East, a distance of 12.00 feet more or less to the Point of Terminus on the North llne of West Belleview Avenue. I r 1 I I 1 · r 1 r 1 1 0~1c;;u . I I ,I --<CDoc--- 22222 --\...--.,------------------ " . L g ' --------- • I I I ~ . . . · l') : WWWWW ~ 11 I --Jfuu~-----7~--:---·.::-.:_ --/----J .. l 1000 cu 169 _> -------------- . ZABC YABC W-BELLEV\EW AV .E -- . . ·• • • p, bJ ,--)" l,l...--.) . . ........ • • I . '. . " .,. . . . . . .:.__ ... " . . · .... · --. •;': .. : .; . •• .. ·~ • •• .... .. 1 • : .. ~ . . . . .. • • .... '"" • ,,; .; f ••• : .. . ,· ~ . ~ .. ) .. •.· • -.J .. \, =--=-~~ j L,.: T • _.,,__i.. . ---~· . .,, '\. --1.-:-ee, I ORDINANCE NO . SERIES OF 2003 BY AUTHORITY COUNCIL BILL NO . 91 INTRODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE REPEALING THE SUNSET PROVISION FOR THE TRANSPORTATION ADVISORY COMMITTEE. WHEREAS , a Transportation Advisory Committee wu crated by Ordinance No . 65 , Series of 2001 ; and WHEREAS , according to Ordinance No . 65 , 2001 the Transportation Advisory Committee was to terminate in two years unless the Committee and provisions of said Chapter are renewed by Council Ordinance; and WHEREAS , the Englewood City Council recognius the hard work of the Transportation Advisory Committee ; and WHEREAS , the Transportation Advisory Committee and the Englewood City Council wish to delete the sunset provision ; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : ~. The City Council of the City ofEnaJcwood, Colorado , hereby authorizes the elimination of the sunset provision of the Transportation Advisory Committee. Introduced , read in full , and passed on first reading on the I 5th day of December, 2003. Published as a Bill for an Ordinance on the 19th day of December, 2003. AT TE ST : Douglas Garrett, Mayor Loucrisb ia A. Ellis , City Clerk I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and forego ing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 15th day of December, 2003 . Loucrishia A. Elli s -1- ' • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: December 15, 2003 10 a ii Renewal of the Englewood Transoortation Advisorv Committee Initiated By: Department of Public Works I Staff Source: Ken Ross Director of Public Works COUNCIL GOAL AND PRMOUS COUNCIL ACTION City Council passed Ordinance No. 65, Series 2001 on November 5, 2001, which established the Englewood Transportation Advisory Committee. As a result, in January of 2002, five members and one alternate were appointed to the ET AC, and the first meeting occurred February 14, 2002. RECOMMENDED ACTION Renew the Englewood Transportation Advisory Committee. BACl<GROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Ordinance No. 65, Series 2001 created the Englewood Transportation Advisory Committee (ETAC) with a two year sunset provision. The committee was formed to allow citizen input and guidance pertaining to city energies and efforts involving transportation analysis, strategies and improvements. Because of budget constraints, there has been little opportunity to implement strategies or improvements during the past two years. However, the committee has presented the opportunity for citizens to express their concerns to ETAC, and, as a result, Safety Services and Public Works have implemented traffic studies and traffic enforcement strategies to address those concerns. FINANCIAL IMPACT The 2004 Budget for the ETAC is $325. This amount was approved when the 2004 Budget was adopted . LIST OF ATTACHMENTS Proposed Ordinance t .. • • COUNCIL COMMUNICATION Date December 15, 2003 Agenda Item 10aiii INmATEDBY Utilities Department Subject City Ditch License Agreement & Temporary Construction Easement - Comcast Fiber Optic line STAFF SOURCE Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None RECOMMENDED ACTION The Englewood Water and Sewer Board recommended Council approval by Ordinance at their December 9, 2003 meeting of the License Agreement and Temporary Construction Easement with Comcast for a fiber optic line. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRED Comcast Cablevision submitted a License Agreement and Temporary Construction Easement to cross the City Ditch right-of-way with an underground bore for one (1) two inch (2") PVC conduit 13' across the City Ditch right-of-way. This will enable a fiber optic cable to be installed at the City of Littleton Servicenter at the southeast comer of Belleview and Santa Fe. Littleton is installing the cable for their INET Project to use as a network to connect various city offices. Englewood's City Attorney has reviewed and approved the license agreement and Temporary Construction Ea sement FINANCIAL IMPACT None. LIST OF ATTACHMENTS Lice nse A gree m e nt & Temp. Construction Easement O rdinance • • -· C ORDINANCE NO. SERIES OF 2003 . BY AUTHORITY Bn.LFOll COUNCIL BILL NO. 93 INTRODUCED BY COUNCIL MEMBER~~~~~~ AN ORDINANCE AUTHORIZING A CITY DITCH CROSSING LICENSE AGREEMENT AND A TEMPORARY CONSTRUCllON EASEMENT FOR A FIBER OPTIC CONDUIT BE'IWEEN COMCAST OF COLORADO IX, LLC AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Comcast of Colorado IX, LLC (Comcast) wiahes to install a fiber optic conduit under and along the City of Englewood's right-of-Way for the City Ditch; and WHEREAS, the fiber optic two inch (2") PVC conduit thirteen feet (13') across in an underground bore beneath the City's right-of-way for the City Ditch; and WHEREAS, the fiber optic conduit installation crossing is proposed al a section of the City Ditch located at lhe City of Littleton Servicenter al the southeast comer of Belleview and Santa Fe; .nl WHEREAS, !he City of Littleton is installing the cable for the City's INET Project to use as a network to connect various city offices; and WHEREAS, Comcast assumes full and sttict liability for any and all damages of every nature to persons or property caused by or in connection with the crossing instal1alion by Comcast; and WHEREAS, the City reserves the right to make full use of the property in the operation of the City Ditch; and WHEREAS, the City retains all rights to operate, maintain, install, repair, remove or rclocalc any of lhe City's facilities localed within the City's right-of-Way; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended City Council approval of the License Agreement al their December 9, 2003 meeling; NOW, THEREFORE, BE IT ORD ' lNED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, A~ LOWS: ~-The License Agrccme11 . uctween the Comcast and the City of Englewood, Colorado for crossing the City Ditch with fiber optic cable cond uit, attached hereto u "Exhibit A," is hereby accepted and approved by the Englewood City Council . ~-The Mayor is authorized to cxccuie and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on lint rcadina on the l 5th day of December, 2003 . -1- • • Published as a Bill for an Ordinance on the 19th day of December, 2003. ATTEST: Douglaa 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 pused on first reading on the 15th day of December, 2003. Loucrishia A. Ellis -2- .. CITY DITCH CROSSING LICENSE AGREEMENT TIUS LICENSE AGREEMENT. made :md entered into as ofdle __ day of _____ _,,. 2003. by and between the CITY OF ENGLEWOOD. 1 municipal corporuion of Colorado. hereinafter referred 10 as ~Englewood" or -City'". and COMCAST OF COLORADO IX. U.C, bereiDafter referred to as ~Licensee" WITNESSETH Tbe City. without any wamnty of its title or intereSt wtwsoever, hereby IUlhorizes Licensee. ill S1K:Ceuor or usips, to install one fiber optic two inch (2'i PVC conduit lbineell feet ( 13 ') across in 111 lllldcrpound bore beneath the City"s ri&ht-of,way for the City Ditc!i. descn'bed as a parcel of land situaled in die NW 1/4 of Section 16, Township South Range 68 West of the 6• P .M .• county of . .\npliloe, Swe of Colorado described as follows : Described in E:thibit A. :itt:iched hereto. The above-described parcel contains :wenty-rive square fee:. more or less . l. Any consauc:1on conte:nplated or pcrfor:ned under :his License shall comply with :md confonn to ,t:ind:irds formui:11ed by the ~1r:c:or oit't11incs oi the Ciry :ind ;uc:i consauc:ion shall ix ;,crfor.ned lnd ;ompie::d x:~rdin11 10 the ;,l:ms approved by :he City . :. Licensee shal! notify the City's Direc:or orTtilinc:s :11 !east :bree (3) days prior :o the time of commencement oi :be consuuc:ion of..or :my repairs made to. Licensee·• fiber optic c:ible condl.litS :ind :1SSOci:11ed facilities so aw the City may . ill its discretion. inspect ;uch opcmions. 3. Within thirty (30\ .bys from :he d:ue of :ht ;ommence:nenr of conswc::ion of said boriq :ind inst:ill:ition vf fiber vpuc ;:ibie ~ondw:s . :he :..:c:nsee shall ~omplete such construc:ion . pi:ic: lDd rn:unt:11n pcnnanen:. "isibie :narkm of :1 type :md :it sw:h loc:uions as desiiJUUed by :he Ciry ·; Direc::or oi '-'tilitics. :-eferrin& to the centerline of the install:irion. ,hall cle:ir :he ::rossin11 :ue:i of ~l consll'lll:".ion debris and restore the - to its pre\'ious condition ;is :,early as may be re:is.,nable. In die event die pl&CUII of die centerline markers and the ;!e:iring :ind ~tor:irion .:,i the crossin1 :irea is not co111plered wttlun :he rime spec ified. City may comple:e the work :11 cbe sole e:tpenSC oi Licensee. 4. City shall have the :ight 10 !D:llllt:lUI. inscil!. repai:. remove or reloaie :be City Ditch or any other of its facilities or inst:llhuions wttbm City's ripa-of-way ai :my rime ;md i.n such manner JS City deems necessary or con,·eme:iL The Cicy reserves the exclusive n&ht to control all e:isements md inswlanons. In die event the conduia or cbc fiber optic cables should interfere with any future use of the City's ri&ha-of,way by :he City. the Licensee shall . upon ~ucs· 1111d ;u its .ole :,q,ensc. moaie. r=rnnse. or remove iis installations so as not 10 inic:fcre with :in~· JUCb use. 5. Any repair r ~lac:me:11 of :iny City inmll:ioon made necessary, in :be opinion of tbe City 's Director oi urihues bec:iusc of 11M t ODSINCtloa of the Lic:lmee · s llber optic cable conduit or other :lpputt=t :nmll:ition :br.eoi. shall be :nade 11 :lie sole =xpeme of tbe Licensee. 6. The supul:itions :ind condiuons of ans L:c:nsc sb:lll be ~ IIIIO connct spec1fic:itions if the ;onsll'IIC uon herein 3.llthorized is :o be cble on ;i coninc: buis. a t · A • • ,:,. 8. 9. 10. 11. 12. 13 . ."Ric rilJbll and privilqes Flftled in dlis License shall be subject to prior apcmcn11, liccllleS udior pm11. recorded or umeconled. and i1 sbal1 be LiccnMe's sole raponsibility to dclemlinc Ille exislence of sud doc:umenls or contlic!inl uses or inmilaliom. Licensee shall conmct and fully c:ooper11e wilh Cicy 's persomiei. aad die c:onswctioa shall be complefld widlout iuwfaence widl uiy lawft&l, IIIUli or ordlmry ftow of wamr dlroUlh die City diu:h. Lic:emee sball ...-all rim iDcidam m tbo pouib1e praence of such wuen. or of sronn wmn, or of surfxe warm in die City Pildl " All irenc:hes or holes wilhin City's ripus-of-way sball be badcfll1ed 11111 IIDIJICd to tbo oripnal pound line in layers IIOl lO exceed six ( 6) iacbes loose me:isure to a compaction ofaineiy percent (90'il Smndard Proctor Maximum Density. Licensee . by acc:epwice of dus License. :xprasly IUIIIIICS lull and SU'ict liability for .my 111d all damaps of every 11111ft t0 person or~· QUSOd by ware &om die dildl le:akinl throup die diicll banks or pipeline ll :be point or points where lhe Licensee performs :my work in connection with :be ;:ossin1 provided by this License . The Licensee :wumes all raponsibiliiy for :nain1enaacc oi :be installaaon. Licensee shail indemnify :md save !!armless :be C::y . itS offic:m :ind anployecs. aaainst ~-:md all claams. daamps. r.ions or ;:wscs iJf :11:tion :md ~ t0 111ilic:!I i1 or they may be subJec:ted by rason oi said .:onst."".l:::ion :ind maintcnanCe of :be fioc: optic: cable c:ondulis betn1 within and x:oss and unde-:be ;,re:mses of lhe City or by rason of any work done or by onusaion made by Lu:ensa. itS apa!.5 or =mployees. in coanectioa witb tbe constnietion. replacemem. mainienanc: or :ep:ur oi .aid installalion. It is expressly apr.d that in .:ue of L1c:nsce · s brexb oi :my iJi :be wilhin promises. City may . ar its option. have specific performance :bem>f. or SIIC for damlpl resulriq from such~b. Upon .u,andonmcn t of my :ipu or pn,;1q: :IC'CIII pmted. die np of Lic:e:isee to dial e.'\tenl snail 1em11na1e . bu1 itS oblipiion :o :ndcmm~· ;md SA\"t !larmless Cir:·. its offlcen :md employees . shall not IC:'!IIIIWC in my t\'enL · 1n pmina the above amborimioa. City racrva die ripl to maim fall -of die prapeny involved u may be necessary or c:oavenian iD die opcnllioD of die .,... works pllllt 111d SJ11111D under contr0l of City. · IN WITNESS WHEREOF tbis inmument bu bceD exec:11111c1 :ia of die day 111d year 11m above written. CITY OF ENGLEWOOD, COLORADO DouaJu Gama. Mayor ATTEST : Loucrislua .-\. Ellis. City Clcrit The undeni111ed officer of Comc::ist of Colorado IX. LLC hu :ad the forqoina License :md aps for :md on behalf oi said Lic:nsee that it will acc::pt :md will :ibide by 311 tile terms and conditions thereof. UCDISEE: By : ______________ _ Tit le : _____________ _ Address :------------- Phone :----------- STA TE OF COLORADO COL;,,TI OF .~Jl.-\PAHOE SI. the fOl'CJOmt ins1nlment wu xlalowledpd before me Ibis day of------~~~ _ 100;, by -of Comes ofColondo IX. LLC. Wll":'IESS my hand :ind sal. My comnussion expm:s : ; • • ·.·-NW1/4 SEC. 16 , TOWNSHIP 5 SOUTH, RANGE 68 WEST, 6TH P.M . EXHIBIT ;.. .A.RAP AHOE COUNTY ________ _. .. ::_ __ ,L-_~Zr .... : 'J-v ........... i /~ ....... I,,._,. ri / ... ~ Cl1M!IZH'NI ./ "'-1!'1' j N[ 1/4 CCR ,~ / ,,> ~ ; SEC 11 "'li::i / / : TU,_,.. i• / ....... ,, ,, CENTENNIAL HEIGHTS .: / I ..-.,, FILING NO. 3 I ,.::_/ POINT 0, ,.,-GINNING N58"'27'42 z~.o1' 0 0' -----------------------.:.._ •• ____ I -1~ .._(!°/ SHEi!t LH. ~ "/;' .,.r· / / /-;-~-------------:.: -___ -__ "l <.:; I ..... , : , /: .. "' 1· C~NTENNIAL HE:GH7S 1' , j . .... AMENDO P~A 7 / I : ··········· ,. I I I ··•····· ' / , / ...... ' P~.A.N DR.A WING PROFILE NQT iP SCH~ LE GEND ! ! ICUNOARY 0.M.W.W. R-0-W I I UCEMSE CIIMlltD ····· ......... . t ;.. i ' ' ........... "/ I .r+I ~ i 11: ! I i :.i !l I . • -----=----- -~ .. • • • TEMPOR.-\RY CONSTRUCTION EASEMENT This Temporary Consmiction Easement (the Temporary Easement) is =med imo this~ day of Q:..W , 200i by and betwe:n the City of'Enalewood. Colorado, a municipal corporation of the stare of Colorado, 31:tin& by tbe dlroqh iu W amr Di Sewer Board (Grmior) and Q o mCM t o ~ Cc lo ou/o l )(. LLL, _______________ (Gran•). WHEREAS, The CirJ of E:iglewood owns a riibt-.lf-way for the City Ditc!i, a c:uric:r ditch (City Ditch ROW) whic!i is loc:ned as desc:ibed on E.'thibit A. WHERE.\S, (' .omcosr o.f C,w;oBo It y.C.desires :o insail :i I-.r C41AA!t-' w;th c.~ ~hes Ceu/s, I within me Clty Die ROW plll'SWUlt :o :i lic::lSe be:w~:i :he ;,ames . NOW, THER=:OR=. In .:onside::irioa 13f:he :t:urual .:ove:iants of:ile ;,arties, mor: particularly he:-einaf:::-;e: :onh. tile ~:, 111c mfficie:icy of whic!i :in: ae:-:by acknowledge:!.. it is :igree:! lS :oilows: l. Tc::ncor:ir: C 9ns..-.ic=ion ;:1Sc;:ne;1t. E::iJewood (as Gr:mtor) aere:iy gnnts to Co roe µf" Q ~ C:Jm:sdo, t, ili,, c :is Grmtee), itS successors, assip. contrlc:ors. :md ;uo-:ontrle:ors, 1 :1oa-a:::l!Sive t=np0rvy ccamuction e;ise:ne:it chrou~ ave:-. :mde:-111d x:-oss dle City Oitc!i ROW :or che inswilarion llr°l Ccw:lwt ±ec .C.brc a ol"~ I -------,-~-,-------------pursu:mt -o a lic::1.Se agree::1e:it ~ the ?roj~). 2. Tc::m ofE:ise:-:-:e:it. Toe P~oje-:: will ~egm no soone:-:mn M«1<m~C! and will be .:ompie~:d no late: :ban J)c:e-r111J,,< . C.Jmplerion .Ji :he ?rojec: will be de::n~ :o have oc::arred upon .nspecion llld JPPfOVal of tile ?roje::: by Gr:llltor :ir.d :his T::npor:uy E:ise~e::t ·.vi ii ~e deemed to !lave tmninated upon ;uc!i compietion. 3. Ac::;ss . Grantee shall :1ave the te:nponr:, :1on~clusive riaht :o e:iie: lie City D1tc!i ROW for lny rcsonable ;,ur;:ose :iec:swy or prudc:it for the consmicrion vf :he P70j~: ;ubj ec-; co the :cilowin1 rauictions: I) aonnal work:ng hours ;h:ill ,e .:onsiste:it ·.vith COOT cons~on !lours, '.'Aoad3y through fod.ly 1nd 1) :he ope:-ltion ilt :-.;l!:;:me:it md bc:lvy :r.lCkJ will oe pe:.:ucre:! .Jn ±e =:iglewool! C:ty DHc:: lCW oniy dunnl :iorm.al wor!c;n1 bours. ' .. .. t • • 4. R;stormon. U poa completion of me Project, Grmree will pc'ibrm sud1 resmraaoa and regrading as is aecessary or pnJdem m ramie die smflce area of the City Ditch ROW ro iis original ccudmon. s. fpdemnjfic;tion. Grmte:, to the ment pcrmim:d by me laws aad constitution of the Swe of Colorado, !=eby agrees to be liable aad hold lwmless me City of Englewood, ia employees, temmS, aad pm from my and all claims, causes of action. and liabili1y which may occur • a r.ult of the aegligent or wroagfui aas of Grama in the coastrUCUOD of tbe Project, including the cost of defending against such claims. 6. Liability. Grantee hereby acknowledges d:w it undmrmds tbat there is wmr flow in the City Ditch from April I co ~ove:uber l of e:u:h -p:ar md dw it will assume liability for :my damage co adjoining property caused by water t1ow resulting from damage to the Cit'/ Diu::i C3Wied by the Gtmtee's consiruction .iciviries . 7. Insuranc:. Grunt~ shall maintain tn fail :ore: and dee: :i valid polic:, of insuranc: for ':he ?:-ojc::: in .be wount Ji 5600,000.00 property .:overap md S600,000 .00 liability cove:.ige. Grantee :ur:hcr :igre:s diat ill itS employe:s, contrac:ors lltd sub...:on~crors working -,a :he Projcc: shall be covered by adequate W orlce:-s Compensation uisuranc:. 8. Assignmi;:ic. Tms T c::npor..rJ Cur.s\1'"..:c:ion :lSe:ne:it :s :issignaole only •Mith the written ;:,e:mission uf ~nglewood. 'Ncic!J. ;:,e::nission ·Nill net unre:15on:ibiy withile!d. -~onditioned or de!:iyed. IN WID"ESS WHEREOF , the parties lie~:o :iave ~"t:c-.1ted :his cemporary constrJc:ion E~e:ne:u on die date and day fus, ·Nritte:i above . • • Jn paaang the above audlorizadon. tbe City raervea tbe ript to 1111b fbll UN of the property involved u may be necesmy or conwnicnt iD tbe opcnaim oftbe wmr wades plant and system under control oftbe City. JN WITNESS WHEREOF tlm imtrummt ha been eucuted u oftbe day and year &st above writbm. CITY OF ENGLEWOOD By: ___ ........,__,. ______ _ St.nan H. Fonda Din:c:tor of Utilities Ciry of Englewood Chairman En&Iewood Water ~ Sewer Board The undmigned officer of_,...... ____________ lm rad tbe forqoing License and agrees for an on behalf of said -------.....,.,.-------------~tbatnwill acc:pt and will abide by all the terms and conditions tbereo! UCENSEE: Address: __________ _ Phone:------------ Notary. ca-~~-( u, CL My c:ornnriaian apinl: ,c E c.:, -·-...,,_.. ...... ..,~ ~--------"' .J • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: Lease of Englewood Public December 15, 2003 10 'a.iv Library Bookmobile to Douglas County Libraries Initiated By: Staff Source: Library Department Hank Long. Director of Library Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION At their October 13, 2003 Study Session, City Council gave approval for the Englewood Public Library to began contract negotiations with Douglas Public Libraries for the annual lease of the Englewood Public Library "Rainbow Express" Bookmobile in the amount of Sl 2,000. On December 1, 2003 Council requested that this agreement be modified to include a "penalty clause" whereby Douglas would pay the City of Englewood for any additional mileage driven by Douglas in excess of the average mileage driven by the Englewood Public Library. RECOMMENDED ACTION The Library Department recommends City Council approval of an ordinance authorizing the Library Department to enter into an inter-governmental agreement with Douglas County Libraries for lease of the "Rainbow Express" Bookmobile. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In order to meet the reduction required for the 2004 Budget, earlier this year the recommendation was made to suspend Bookmobile operations for the remainder of 2003 and all of 2004 as a means of reducing operational costs and as an alternative to eliminating hours and services at the Main Library. Besides the $40,000 savings in salary and benefits for the two drivers, another $12,000 savings resulted from suspension of the vehicle maintenance and vehicle replacement (CERF) charges paid each year to Public Works. In early October, the Library received a letter from the Director of Douglas County Libraries expressing an interest in leasing our Bookmobile for 2004 at the cost of $7,500. Subsequently, this information was presented to City Council at the October 13 Study Session . Following some discussion , Council directed the Library to proceed with contract negotiations but at a lease level of $12 ,000 with the money going to the Library to help offset some of our staff cutbacks at the Main Library . Shortly th erea fter, the Englewood Public Library, with assistance from the City Attorney and the Department of Public Works, put together the required contract language to bring about this lease agreement and presented it to Douglas County Libraries for approval by their Library Board. Around that sa me time, the City's Public Works Department decided that $4,000 of the $12,000 paid to the City under this agreement should be used to cover the annual maintenance of the Bookmobile by Douglas County Libraries and that the remaining $8,000 go to the City's CERF (Capital Equi pment Replacement Fund) to help pa y for a new vehicle once this one has reached the end of its useful life. .. ' -·· • • On December 1, 2003 Council requested that this agreement be modified to include a "penalty clause N whereby Douglas would pay the City of Englewood for any additional mileage dnven by Douglas in excess of the average mileage driven by the Englewood Public Library. On December 2, the Library, with the assistance of Public Works, put together a formula based on average miles driven by the Englewood Public Library along with an acceptable per-mile overage charge, and this revised agreement was presented to Douglas County Libraries for their approval. On December 5, the Library re c eived information from Douglas County Libraries that they would formally vote to accept this revision to the agreem,;mt at their upcoming meeting of their Library Board on December 11 . FINANCIAL IMPACT In consideration of this inter-governmental agreement. Douglas County Libraries will pay the City of Englewood $12 ,000 for the annual lease of the Englewood Public Library "Rainbow Express" Bookmobile, plus an additional per-mileage charge of 25¢ per mile in excess of the average 1,531 miles driven each year by the Englewood Public Library. LIST OF ATTACHMENTS Proposed Bill for an Ordinance ORDINANCE NO . SERIES OF 2003 BY AUTHORITY COUNCIL Bit L NO. 89 INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR LEASE OF THE ENGLEWOOD BOOKMOBILE BETWEEN THE CITY OF ENGLEWOOD AND DOUGLAS COUNTY. WHEREAS, Section 18 (2Xa) and (b) of Article XIV of the Colorado Constitution and Section 29-1-201, C .R .S., permit and encourage governments to enter into contracts to make the most effective use of their resources for the benefit of the public; and WHEREAS, Section 29-1-203, C .R.S., authorizes the State of Colorado and its political subdivisions to enter into contracts to provide functions or services, including the sharing of costs of such functions or services, which each of the contracting parties may be authorized to provide; and WHEREAS, Douglas County seeks to lease the Englewood Public Library's Bookmobile for operation by Douglas County as a mobile library for the year 2004; and WHEREAS, with passage of this Ordinance the Englewood City Council authorizes the "Agreement For Lease Of Bookmobile" to Douglas County; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sectjon 1. The "Agreement For Lease Of Bookmobile" between the City of Englewood and Douglas County attached hereto as Eltbibit A, is hereby accepted and approved the Englewood City Council. Section 2. The Mayor and City Clerk are authorized to execute and attest said Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on tint reading on the 15th day o f December, 2003 . Published as a Bill for an Ordinance on the 19th day of December, 2003 . Doualu Garrett, Mayor ATTEST : Loucri hia A. Ellis, City Clerlt -1- 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 15th day of December, 2003 . Loucrishia A. Ellis -2- • • 0 EXHIBIT A AGREEMENT FOR LEASE OF BOOKMOBILE THIS AGREEMENT, entered into this __ day of 2003 by and between the City of Englewood (hereinafter CITY), whose address is 1000 Englewood Parkway, Englewood, Colorado 80110 and the Douglas County Libraries (hereinafter DOUGLAS), whose address is 100 South Wilcox Street, Castle Rock, Colorado 80104 . Terms of Agreement WHEREAS, Section 18 (2) (a) and (b) of Article XIV of the Colorado Constitution and Section 29- 1-20 I, C.R.S., pennit and encourage governments to enter into contracts to make the most effective use of their resources for the benefit of the public; and WHEREAS, Section 29-1-203 , C.R.S ., authorize the State of Colorado and its political subdivisions to enter into contracts to provide functions or services, including the sharing of costs of such functions or services, which each of the contracting parties may be authorized to provide ; NOW, THEREFORE IT IS AGREED by and between CITY and DOUGLAS that: I. DOUGLAS seeks to lease from CITY the Englewood Public Library's "Rainbow Express" Bookmobile (hereinafter VEHICLE) for operation by DOUGLAS of a mobile library within its service boundaries for the period January I, 2004 through December 31, 2004 . This Agreement shall terminate on December 31, 2004 unless another arrangement can be mutually agreed by both panics 2. At the end of this Agreement, both parties reserve the right to (a) renegotiate for the lease of VEHICLE for an additional Twelve (12) months and/or (b) renegotiate for the lease/purchase of VEHICLE as may be agreeable by both parties . 3. This Agreement may, at any time, be terminated by either party upon Thirty (30) days written notice to the other without cause. Both parties may also terminate this Agreement by giving Thirty (30) days written. notice to the other of a violation of this Agreement, citing specific exarnplc(s) within if the violation(s) cannot be agreeably remedied within Thirty (30) days . 4. As part of this Agreement , DOUGLAS shall provide to CITY within thirty (30) days of approval by .both parties of this Agreement, proof of insurance coverage for the VEHICLE which includes auto liability with minimum limits of $1,000,000 combined single limit per accident for bodily injury and property damage . DOUGLAS shall also provide to CITY a cenificate of insurance listing the City of Englewood as an additional insured . 5. In co nsidera tion ofCITY's approval of this Agreement, to reimburse CITY for the performance of quarterly maintenance of VEHICLE and as part of the CITY 's vehicle replacement fund (CERF), DOUGLAS shall pay CITY within thirty (30) days of approval by both parties of this Agreement, the amou nt of Twelve Thousand Dollars ($12,000). If this Agreement is terminated prior to the expiration of the anticipated twelve month term, CITY shall pro rate said payment over 365 days and refund that portion which corresponds with the unused portion of the tenn remaining when the vehicle is returned to CITY 6. At the begi nnin g of this period, CITY shall deliver VEHICLE to DOUGLAS in aood, workmanlike ondition . -I - ' ... .. • • 7. In addition to the above payment, DOUGLAS shall, upon return of VEHICLE to CITY or annually upon renewal of this Agreement, reimburse CITY for any mileage added to the VEHILCE in excess of the average miles annually driven by CITY . For purposes of this Agreement , the annual miles driven by CITY is considered 1,811 which includes and allows for the two-way travel between DOUGLAS and CITY as required by this Agreement for the quanerly maintenance of VEHICLE . Therefore, for purposes of this Agreement, any excess mileage by DOUGLAS shall be reimbursed to CITY at the rate of 25¢ (twenty-five cents) per mile . 8. At the end of this period , DOUGLAS shall return VEHICLE to CITY in good, workmanlike condition as would be expected given the additional mileage placed upon VEHICLE by DOUGLAS during this Agreement. 9: DOUGLAS maintains the right to modify and/or re-paint VEHICLE as it sees fit during the period of this Agreement, but to return VEHICLE to CITY with original Englewood Public Library "Rainbow Express" markings restored . CITY shall provide DOUGLAS with specifications for acceptable standard for re-painting/modification, and DOUGLAS shall conform to said standards . I 0. CITY shall, on a quarterly basis and on dates mutually agreeable to both parties, perform routine maintenance on VEHICLE , to be performed by CITY employees at CITY's Servicenter located at 2800 South Platte River Drive , Englewood, Colorado 80110 . It shall be the responsibility of DOUGLAS to transport the vehicle to the Servicentcr for routine maintenance and transport it back to Douglas County when the vehicle maintenance is complete . 11 . As part of this Agreement, CITY shall make normal maintenance of VEHICLE a priority within its other assignments so that VEHICLE is not removed from DOUGLAS' scheduled operation for more than two business days each quarter. CITY, as part of this quarterly maintenance , shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of any and all necessary maintenance and/or repairs and shall, without any additional compensation, correct or revise any errors, omissions or other deficiencies as may be called for under this Agreement. CITY shall submit to DOUGLAS a written statement listing any and all work or services performed on VEHICLE as part of quarterly maintenance . 12 . As part of this Agreement, CITY and DOUGLAS agree not to: refuse to hire, discharge, promote , demote or discriminate in any manner of compensation, performance, services or otherwise, against any person otherwise qualified solely due to race , creed, gender, sexual orientation, color, national origin or ancestry . 13 . This Agreement may not be modified, amended or otherwise altered unless mutually agreed upon in writing by both parties . 14. Neither party, CITY or DOUGLAS, shall assisn or transfer its interest in this Agreement without the written consent of the other party . Any unauthorized assignment or transfer shall render this Agreement null, void and of no effect . IS . All notices and communications under this Agreement to be mailed or delivered to CITY shall be to the following address : Dire ctor of Li brary Ci ty of Englewood I 000 Engl ewood Parkway Engl wood. Co lorado 80110 -2- ' • • 16. All notices and communications under this Agrccmcnt to be mailed or delivered to DOUGLAS shall be to the following address : Director of Library Douglas County Libraries 100 South Wilcox Castle Rock, Colorado 80104 17. Tcnns and conditions of this Agrccmcnt shall be binding upon each party, its successors and assigns. 18. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be party hereto, nor shall it construed as giving any rights or benefits hereunder to anyone other than CITY and DOUGLAS . IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. ATTEST: CITY OF ENGLEWOOD Loucrishia A. Ellis, City Clerk . ,.,· Douglas Garrett, Mayor ATTEST: DOUGLAS COUNTY LIBRARIES James LaRuc, Director .3. BY AUTHORITY COUNCIL BILL NO. 79 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND PATRICK AND COLLENE BURKE, TO MAINTAIN A PORTION OF THE CITY DITCH ADJACENT TO 3594 S. BANNOCK STREET . WHEREAS, Collene Burke submitted a License Agreement to maintain the City's easement along the City Ditch adjacent to their property at 3594 S. Bannock Street; and WHEREAS, the Burkes desire to install a gate across the City Ditch, which is an enclosed drainage way in this area; and WHEREAS , the City will maintain the use of its easement with the right to install, repair, remove or relocate the City Ditch at any time deemed necessary; and WHEREAS , the Englewood Water and Sewer Board recommended Council approval by Ordinance of the License Agreement to maintain that portion of City Ditch at their November 12, 2003 meeting . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: Section 1. The City Council for the City of Englewood, Colorado, hereby approves the License Agreement between the City of Englewood and Patrick and Collene Burke to maintain a ~,rtion of the City Ditch 84jacent to 3594 S. Bannock Street Ses;tion 2. The Chainnan of the Englewood Water and Sewer Board is authorized to sign said License· Agreement and Director of Utilities to approve the same. 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 5th day of December, 2003 . Read by title and passed on final reading on the 15th day of December, 2003 . Published by title as Ordinance No . __ , ~es of 2003, on the 19th day of December, 2003 . Doualu Garrett, Mayor ATTEST : Loucrishia A. Elli s, Ci ty Clerk 10 bi • t .. • • I, Loucrishia A. Ellis, City Clerk oftbe City ofEqlewood, Colorado, hereby certify that the above and forqoing is a true copy of the Ordinance peaed on final reading and published by title as Ordinmce No .___, Series of 2003 . Loucrishia A. Ellis • CITY DITCH CROSSING LICENSE AGREEMDIT THIS LICENSE AGREEMENT, made and entered into as ofthe..c r.., day of ~. 2003, by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, hereinafter referred to as "Englewood" or ''City", and Patrick and Collene Burke , hereinafter referred to as "Licensee"; WITNESSETH The City , without any warranty of its title or interest whatsoever, hereby authorizes Licensee co maintain a parcel of land in the City's rights-of-way for the City Ditch. A parcel of and situate in the ~onhwest Quarter of Section 3, Township 5 South, Range 68 West of the 6'h P .M., County of Arapahoe, State of Colorado , and lying within the following described lines : That ponion of the City Ditch right-of-way beginning at the extended east lot line of Lots 26 and '27 . Block 6. Skerrin's Addition. Third Filing (said lot line extended south to the: south City Ditch right-of-way line) and extending southwesterly to a line perpendicular to the center line of the City Ditch right-of-way and eight feet (8') southwest of:i mllllhole located nineteen feet (19') southe:ist of the nonhe:ist comer of Lot 28 Block 6, Skerrin 's Third Filing. I. In gr:mting this License. the City reserves the right to make full use of the propeny involved :is may be necessary or convenient in the operation of the City and the City retains all right to operate, maintain. ittstall, repair, remove or relocate any of its facilities located within the City's propeny at any time and in such a manner :is it deems necessary or convenient. 1n the event Licensee's installations should interfere with the City's use or operation of its property, at any time hereafter, Licensee shall. upon request by the City and at Licensee's sole expense. immediately relocate , rearrange or remove its installation so as not to interfere with any such City use and to remove the installation of Licensee when necessary or convenient for the City, its successors or assigns . 2. The Ci ty shall have the right to maintain. install, repair. remove or relocate the City Ditch or any other of its facilities or installations within the City 's rights-of-way , at any time and in such manner as the City deems necessary or convenient . The City reserves the exclusive right to control all c::isements and installations . 3. The rights and privileges granted in this License shall be subject to prior agreements. licenses and/or gr:mts. recorded or unrecorded. and it shall be the Licensee 's sole responsibility to determine the: e:mtence of said documents or conflicting uses or installations . 4. The Licensee shall have the right to maintain the above described parcel. including, but not limited to. planting and trimming grass and/or bushes , fertilization and irrigation and remo val of tr:ish and brush . S. Access to the parcel by City persoMel must be mai ntained by Licensee for inspection and maintenance . .:.., .. ,, ! , ' • • 6. No coastruction shall be allowed on Ibis IIU"i without express wriaen permission &om the City . 7. Upon abandonment ofauy ript or privilege herein annted, the ript ofLlcemee to that extent shall terminate, but its obliptioa to illdemnify and save 1wmlcu the City, its officers and employees, shall not terminate iD any event. 8. The rights granted Licensee hereunder may not be assigned without the wriaen consent of the City. 9. Licensee shall comply with all applicable laws and ordinances and all rules, regulations and requirements of any enviloamcmal stwllrds and conditions of die premises. I( as a result of Licensee's occupancy of the premises 111d ill opemion bemmdcr, any such law, ordinance, rule or regulation is violated, Licensee shall procect, save harmless, defend and indemnify City from and against any penalties, lines, costs and expenses, including lepl fees and coun costs incurred by City, caused by, resulting from, or connected with such violation or violations. In granting the above authorization, City reserves the right to make full use of the propeny involved as may be necessary or convenient in the operation of the water works plant and system under control of City . IN WITNESS WHEREOF this instrument bas been executed as of the day and year first above written. Approved : ,~ ... 1fA= CITY OF ENGLEWOOD, COLORADO Actin1 tbroush and by it Water and Sewer Board L.,~ ,·;.t,~ \. ' ' By~~......::.:!-~~._.:=:.::~~~ -Chairman I ~ • ' ' , • Englewood City Ditch [South Bannock Street} Jefferson Ave. ( 1:400 ....... ---·-T444tl1 ....... _,_.,c--•• . . .....,~,._, ............ • BY AUTHORITY SERIES OF 2003 D COUNCIL BILL NO . 86 INTRODUCED BY COUNCIL MEMBER BRADSHAW 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 8-1 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 8-1 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 WHEREA.S, 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 si gned and recorded with the Arapahoe County Clerk and Recorder Office as a condition of the vacation of the Trolley Square PlaMed Development; and WHEREAS , the Englewood PlaMing 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- 10 b ii ' ., j • • Scctjon 1. The City Council of the City of Englewood, Colorado hereby vacates the Trolley Square Planned Development. Sectjon 2. The City Council of the City of Enalewood approves the Development Agreement , as shown on the attached Exhibit A. Such approval shall be conditioocd upon the Property Owner meeting all of the conditions set fonh in the Development Agreement . Introduced, read in full, and passed on first readina on the 1st day of December, 2003 . Published as a Bill for an Ordinance on the 5th day of December, 2003 . Read by title and passed on final readina on the 15th day of December, 2003 . Published by title as Ordinance No . __ , Series of 2003 , on the 19111 day of December, 2003 . ATTEST : DouaJu Garrett. Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of Ibo City of Eaalnood, Colando, llereby certify t!aat the above and fore1oin1 is a true copy of lbe 0,4· ce ,..... OD fiDal nadiaa wl published by title as Ordinance No . _, Series of 2003 . Loucrilbia A . Ellis • t TROLLEY SQUARE PLANNED DEVELOPMENT-101 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 "Pro1>eny Owner." WITNESSETH: WHEREAS, Propeny Owner is the owner of real propeny in the City of Englewood. Colorado, described as: In the Southwest 1/4 of Section 34, Township 4, South Range 68; Commencing at the Nonheast comer of the SE 1/4 of the SW 1/4 of said Section 34; thence S.89°53'0l"W along the nonh 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'S3" a distance of 199 .49 ft. to the Point of BegiMing -at the intersection of the south right-of-way line of W. Floyd Avenue and South Broadway . Thence S .89"~3'01" W. a distance of 594.61 ft. to the east right-of-way line of South Bannock Street. thence S. 00°01 "10" E. a distance of 339.83 feet 10 the intersection of the east ripe-of-way line of Bannock Street with the north right right-of.way line of EnaJewood P:ulcway , thence east along the curve that is the north right-of-way of EnaJewood Pmway. along said curve to the right having a radius of 331.5 I\. for a diswice of 125 6" feet. thence S. 54°47'24" a distance of 5 ft., thence along the ~urve to tbc left bav1na a radius of 231.5 ft . a distance of 141.62 ft., thence S.89"50'22"E. a diSUDCC of 14.8 ft., thence S.00°07'5J"W for a distance of 2.5 ft, thence S. 89"50'22"E for a distance of 235.5 ft ., thence N00°07'53"E for a distance of 105 .24 I\ .. thence S.89°50'22"E . for a distance of 92 .5 ft . to the west ript-of-way of Broadway , lbcnce N00°07'53"E. for a distance of 336 ft. 10 the point of Bqinnin1 Also known as: Trolley Square IO I Englewood Parkway Englewood, CO 80110 WHEREAS , as a condition of approval by the City or En1lewood for tbc vacation of The Trolley Square Planned Development and its Amcndmcncs and lbc re-development of the Property , certain requirements as more fully SCI fonh ID Pvqnptl I below must be completed; and WHEREAS, the City and the Property Owner desire to evidence lbcir :aarecment re garding these requirements ; NOW, THEREFORE, the panics hereto a,rec as follows 10 rcpn1 to lbe requirements for the Property . f• A ' .. ,. • • - l . Conditions and Requjremcms . 2 . a. Property Owner agrees to dedicate an eight foot (8 ') wide Transportation/Utility Easement along South Bannock S1ree1 to capture the exiting sidewalk and utilities built along Bannock Street. b . Property Owner agrees 10 design and construct the improvements required 10 widen the signalized drive access onto Englewood Parkway by approximately 5 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 10 dedicate an additional nine fool (9') of right-of-way along West Floyd Avenue from the north drive access onto Floyd east 10 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 c:xecu1e 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 . Date for Completion of Improvements . Property Owner agrees 10 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 . lndemnificatjon . 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 connection 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 representati ves . 4. Effec1jve Date . The terms of this Agreement Shall be binding on all parties hereto upon signature by all parties . 5 . No Wai ver. No waiver of any of the provisions of this Agreement shall be deemed or co nsti rute a waiver of any other provisions herein , nor shall such waiver constitute a conti nu ing waiver unl ess olhc:rwise expressly provided . 6 . 7 . Amendments or Modjfication. The parties hereto may amend or modify this Agreement only by written instrument exec uted on behalf of the City by the City Manager or hi s designee and attested 10 , 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. Aients Successors and Assiiins . The terms and conditions of this Development Agreement s hall be binding upon and shall inure to the benefit of the Property Owner and the City and their respective successors and assigns . -2- t . ... .. • • 8. 9 . 10. No Aiency. Nothing herein contained shall constitute or designate the must be signed Property Owner or any of its employees or agents as employees of the City. ~ this Agreement contains the entire agreement between the parties as to the subject matter hereof, and no statement, promises or inducements made by either party or agent of either party that are not contained in this written contract shall be valid or binding as to the subject matter hereof; and this Contract may not be enlarged, modified, or altered except in writing, signed by the parties. Severabjlity. It is undentood and agreed by the parties hereto that if any part, term or provision of this Contract is held to be illegal or in conflict with any law or regulation, the validity of the remaining ponions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular part, term, or provision held to be invalid . APPROVED THIS 25th day of Novel!lber '2003. STATE Of_O_H_I_O ____ _ ss . COUNTY OF HAMILTON PROPERTY OWNER DILLON REAL ESTATE CO., INC. ·~ _J . I .,•)<' ' -1 I , By : .'., :/: • ~ ;l.:J.. FV l~4- J€s E. Hodge, Vice , Pres;dent I the foregoing instrument was acknowledged before me this 25th day of November _____ , 200.]_, by J&J:1es E. Hodge, ·Vice President of Dillon Real Estate Co ., Inc . WITNESS my band and seal. My commission expires: {)I -i :': ·,; ~·o S ATTEST : Loucrishia A. Ellis, City Cleric CITY OF ENGLEWOOD, COLORADO Douglas Garrett, Mayor -3- • I , • RECOMMENDED FOR APPROVAL : By ,~~Publi<WOU, BY AUTHORITY COUNCIL BILL NO. 87 INTRODUCED BY COUNCIL MEMBER BRADSHAW 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 Department 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: Sectjon I. 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. Sectjon 2. The Mayor and the Director of Finance/ Administrative Services are hereby authorized to sign said VALE Grant and accompanyina 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. Read by title and passed on final reading on the 15th day of December, 2003 . Published by title as Ordinance No . __ , Series of 2003, on the 19th day of December, 2003 . Douglas Garrett, Mayor ATTEST : Loucrishia A . Ellis, City Clerk -1- • • I, Loucri shia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the a bo ve 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 -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 ntte 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 Services 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 quarterly: 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 fonns. • 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 80112-4031 (720) 874-8600 (5) Failure to submit these required reports on the dates due may result in termination of the grant award. return of awarded funds or the loss of future funding by VALE. (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 app~ 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 . .. . . ~ • . ~. • • Englewood Department of Safety Services 04-38 ·• • 0 0 All unused funds shall be returned to the VALE Board unless the grant recipient makes a request in writing for use of the funds beyond the grant period and such request has been approved by the VALE Board . Such requests shall include: The amount of remaining funds How the funds will be used When the funds will be expended Why the funds were not expended. Such request must be received on or before 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 portion of this contract may result in: Withholding of funds The grant recipient returning money to the VALE fund Other action as deemed necessary by the members of the VALE Board Any combination of the above. ( 14) All grant recipients shall make available to the Board or its authorized designee ail 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. ' . .. .. • • 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, Finance & Administrative Services Director Authorizing Official Douglas Garrett, Mayor Carol Worth Chair, VALE Board Date _________ _ Date ________ _ Authorized Official : The authorized otllcial i1 the person who ii. t,y vir1ue of IUCl1 s--·1 poaillon. IUlhortnd ID enter rnlO contracts for the grant recipient. Thia could include: Mayor or City Manager. ~ of the County Commillioners, Oiltrict Allomey. PrNident o, Chairperson of the Board of Oiredln, Supeiinteodent. o, Olher Chief E-=ulNe Officer. Financial Officer: The person ia responsible tor a11 financ:ial w 1..-l ID the program and w11o ,,_ responsibility for the accounting , management of fundl. ~ of upendillnl, audit lnlormallon and ftnanclal reports. The person who actually pr9par9I the llnical l9POltl may be under the IUl)8Nillon of the Financial Officer. The Financial Officer muat be a pellOn other than the Aulhorized Olllcill o, the Pl'ojed Onclaf. Project Di[ICtQr: The person who 1181 direct l'Nj)Onlibillly for the lmple1n111tallon of the pnlject. Thil perlOl'l lllould combine knowledge and experience In the project -wilt! lbillty ID adl,•illlr the prajlct and IUP8MN pe1'1Qn1181 . He/she shares responsibility with lhe llnanclal Office far INing lhll 11 ..,..._ -wll*' .. appnwed budget. Th is person will nonnally devote a major pol1lon of hillher time to the prajlct and ii 191P01llible for meeting II reporting requirements . The Project Oiredor must be a Sll'IOf'I 00W tllall the AullloriZl8d Olllcill or the F"inancial Officer . .... ... ' . • t • BY AUTHORITY 0. COUNCIL BILL NO. 88 INTRODUCED BY COUNCIL MEMBER BRADSHAW 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 Linleton/Englewood Wastewater Treatment Plant personnel manage the Industrial Pretreatment programs for the cities of Linleton and Englewood; and WHEREAS, management of the program includes permining 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 perso1U1e! 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 infonnation via driving around the area to verify names and addresses of businesses and submitting survey infonnation to Metro a1U1ually; and WHEREAS, b'y 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 10 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 J. The City Council of the City of Englewood, Colorado hereby authorizes the Intergovernmental Agreement "Amended Apccment For The Del egation of Pretreatment/Industrial Waste Control Program Responsibilities" -1- .. 10 b iv ' ..• • • between Metro Wastewater Reclamation District and the City of Englewood, a copy of which is attached as 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 passed on first reading on the )st day of December, 2003 . Published as a Bill for an Ordinance on the 5th day of December, 2003 . Read by title and passed on final reading on the 15th day of December, 2003 . Published by title as Ordinance No. __ , Series of 2003 , on the 19th day of December, 2003. Douglas Garrett, Mayor ATTEST : Loucrishia A . Ellis , City Clerk I, Loucrishia A . Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. __ , Series of 2003 . Loucri.shia A . Ellis -2- - AMENDED AGREEMENT FOR THE DELEGATION OF PRETREATMEN'rnNDUSTRIAL WASTE CONTROL PROGRAM RESPONSIBILITIES This Amended Agreement is made and entered into between the Metro Wastewater Reclamation District (the "District") 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 for that portion of Englewood's service area designated in Secti on 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 , District 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 includ ing , among others , Procedures For Implementing The Pretreatment/ lndustnal 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 Distnct's database . Englewood shall promptly notify the District 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 Engl ewood responsible for business licenses ; building permits; sewer use permits ; water use records, and the local fire department. -1- • X 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. DISTRICT'S 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 . 8. 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 diractly 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 provision of this Agreement shall , for any reason , be invalid or unenforceable. the invalidity or unenforceability of such section. subsection, paragraph. dause. phrase. or other provision shall not affect any of the remaining provisions of this Agreement. 8. WAIVER No wa iver by either party of any term or condition of tl'lis Agreement shall be deemed or construed as a wa iver of any other term or condition, nor shall a 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 specific:ally enforceable by both of the parties hereto . -2- ,. t • • 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 contrac.1 to the extent permitted by law from year to year until a District Officer or an Englewood Officer delivers to the Chairman or clerk 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 is the subject of this Agreement. N othing in this Section 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. ASSiGNABIUTY 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 conta ined, 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, priv ileges . powers, immunities, liabilities , disabilities and duties of either party hereto. as may be authorized by I aw . in the absence of any p rejudk:ial impairment of any obligation of contract hereby imposed . CITY OF ENGLEWOOD Douglas Garrett , MAYOR Date signed : ---------- Attest CITY CLERK Loucrishia A. Ellis .3. METRO WASTEWATER RECLAMATION DISTRICT ROBERTW . HITE , MANAGER Date signed: ---------- • • A RESOLUTION AUTHORIZING SETIING FEES FOR MISCELLANEOUS LICENSES AND PERMITS. WHEREAS, staff bas recommended an increase in miscellaneous license fees for tattoo, massage therapy, body piercing and trash trucks to help defray the City's cost in administrating the licenses; and WHEREAS, a permit fee for the new newspaper vendor's license must be set; and WHEREAS, with the passage ofthis Resolution these fee increases will go into effect on January I, 2004 ; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Scctjon 1. City Council hereby approves the following License/Permit fees : Massage Therapy Tattoo Body Piercing Trash Trucks Newspaper Vendors LICENSE/ PERMIT FEES $100 $100 $100 s so s so 5.wion.l. These fee increases will go into effect on Jamary l, 2004. ADOPTED AND APPROVED this 1Sth day of December, 2003 . Attes t: Loucri shi a A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for tbc City ofEapwood, Colorado, benby certify tbc abo ve is a true copy of Resolution No . __ , Series of 2003 . Loucrilbia A. Ellis, City Cllllt .. t •. • • COUNCIL COMMUNICATION Date Agenda Item Subject December 15, 2003 10 Ci Resolution Setting Fees For Miscellaneous Licenses and Permits Effective January 1 2004. Initiated By t Staff Source De!i>artment of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council discussed miscellaneous license fees at study sessions on September 8, 2003 and December 8, 2003. RECOMMENDED ACTION Staff recommends City Council approve the attached resolution setting miscellaneous license fees for tattoo, massage therapy, body piercing. and trash trucks. Also, staff requests Council set the permit fee for newspaper vendors as well. These fee increases, if approved will go into effect on January 1, 2004. The proposed fee increases, number of licenses/permits and revenue collections are as follows: License/Permit Current Propoied Fee Difference Licenses luued R~e Fee Massa2e Theraov $20 $100 $80 28 S2 240 Tattoo $50 $100 sso 3 SlSO Bodv Piercin2 $50 $100 $50 3 $150 Trash Trucks $5 $50 $45 179 S8oss Newspaper N/A $50 $50 20 (estimated) Sl,000 Vendors Total Sll.595 FINANCIAL IMPACT The proposed fee increases will generate Sl 1,595 in additional revenue in 2004. This revenue will be available for general government use . LIST OF ATIACHMENTS Pr oposed resolution • • COUNCIL COMMUNICATION Date December 15, 2003 Agenda Item ·1oc11 Subject Allen Filter Plant Emergency Generator INITIATED BY Utilities Department STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Utilities staff recommends Council approva the bid for a Diesel Engine Generator set in the amount of $56,67 2.00 from Wagner Power q·u,pment o . and approval of the bid from Ludvik Electric in th e amount of $43 ,792 for the associated wiring and installation . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In re cent years rolling brown outs for extended periods have become more frequent. In Englewood the outages have been for relatively short periods of time. The length and number of outages have been increasing. Brown and Cauldwell Engineers was hired to best determine the plant's requirements and determine the size of generator necessary to meet the electrical needs of the Allen Filter Plant in an emer gen cy. After ex tensi ve research, Brown and Cauldwell determined that the Caterpillar 3412 500 KW skid-mounted un it provided by Mountain Peak Controls was the best generator for the price. The one set of bids was for th e ge nerat o r o nl y and the other set was for the associated wiring and installation. Fo r th e ge nerator set, Request for Bids were sent to four vendors . A bid opening was held on November 20. 2003 . Th e fo ll owing responses were received : Wagner Power Equipment Co. Wagner Power Equ ipment Co. Cumm ins Rocky Mountain LLC Roc ky M ounta in Power Generator Mountai n Peak Controls $56,6 72.00 $59,397.00 (Alternate Bid ) $58,325.00 $56,765 .00 No Bid For the associa ted wiring and installation, Request for Bids were sent to three vendors . A bid opening was held on December 2, 2003 . The following responses were received : Ludvi k El ectric Co mmerial Lilghting & Elec tric Sturgeon El ectric $43,792.00 No Bid No Bid ,, t .. .. • .. t • • FINANCIAL IMPACT Wagner Power Equipment Company is the recommended low, acceptable bidder for the generator set at $56,672.00. For the associated wiring and installation, Ludvik Electric in the amount of $43,792.00 is the recommended low, acceptable bidder. The Utilities Department budgeted $100,000 in the 2004 Budget for this project Extra funds are available from the Water Fund. Brown and Caldwell and Veatch Engineers has reviewed and approved the recommended acceptable bidder. UST OF ATTACHMENTS Reso!ution Bid Proposal Tabulation City of Englewood Bid Tabulation Sheet Bid Opening Date: November 20, 2003 10:00 a.m. Bid Hem: Diesel Engine Generator Set Diesel Engine User Vendor Generator Set Manuals Mountain PNk Controls, Inc. 13551 W 43rd Ulnt A $ . $ . Golden CO "'403 Tracy Piao 303-271-(1376 w..,-Power Equipment Co 1110f11 E 22nd Aw $ 56,375.00 $ 102.00 Aun,ni, CO II0011 Stan Rnnokls 303-400-9034 Cllmmlns Rocky Mountain LLC tUttENfhAw. $ 51,325.00 ., . Henderson, co IOfUO Ken Peterson 303-927-2216 Wagner Pollllflf Equipment Co 18091 E 22nd Aw $ 59,100.00 $ 102.00 Aurora, CO I0011 Stan Reynolds 303-400-9034 Rocky Mountain Po""" G-.tor 6301 N Bro ad-y $ 56,765.00 $ . Denwr, CO 80216 Chad Hsll 303-109-3815 $ . $ . .. . Service Manuals Total Bid s . s . s 195.00 s se,en.oo s . s 51,321.00 s 1115.00 s 511,3117.00 s -s 56,765.00 s -g s - E:,rcepllons: \, . . -~~ ......... -----··..:..-.~---, t See Bid documents SN Bid documenls A11emate bid • SN Bid documents See Bid documents • City of Englewood Bid Tabulation Sheet Bid Opening Date: December 2, 2003 10:00 a.m. Bid Hem: Generator lnetallatlon Project ,, . ,•· ...... .. .. . . ~~ • ~ ·:!-, .•. ,._ . "" .. - ·' . • ......... · : * -· • l -"-,-___...... . . .;J • ' . Vendor Generator Pad ln1tallallon TolalBld Exception•: Comnierr:lal l.lflhtlnsl & Electrlc 131 WIUtAN I . • - a.,,.,.,. NOBID 303..ao-33G Ludvik EJecfllc 3900 South Teller SlrNI ' 43,192.00 • 43,712.00 BEE BID PACKET Lakewood co 80235 l303•1IIU:US I Sturgeon Electric 12150 Ent 112th Avenue ' . • . Henderson CO 80840 NOBID 303-286-1111 ' . • . I . • - 1 I . • . \, t • -- ·.· ... ·· ..... Dec-GI-ZIii II :4T Pnrlr• IN CalMII .... ------.... GoWm, C..... I04CII T.i: OU,) m-,a ,.. (Ja,) Dt-'4'4 ..;..h •"**'•••iJCMI 'Decemtw 9, 2003 R. Den Coalrnan w .. Production Supervisor Ul8lel/Allen Plant 1500 W . L.aytDn Ave. EnQINood. CO 80110 Dea' Mr. Coalrnan (J T... ,.DW111 P.111 N. YoUr request I have reviewed the Ludvllc bid and haw the fallowing cam,,ea: 1. The Ludvik Proposal form states an eXClpliOn regarding the addition of a " . .m-at the PLC then add $1,100". This ni1ata1 10 spec:illtadon w:tion 2.08.0.!5 which specffiea a "Data Highway Plus• interfaca for the power mater. Our recommended solutlon Is not to add the scanner but to change the axnmunica11on to Ethernet as follows: Modlfo/ Specllc:atlon Sedlan 1800 Paragr8llfl 2.08.D.!5 IO read• follows: "5. DATACOMMUNICATION: Thepow.-melerfngsynmshal be dndly intetfacad with the pnx:eaa canlrOI syam vii comeclian 10 exls11ng 1!Jbtm1t network and 11'111 COfflffUlic:atl wlh lie procms control system ISftQA COIIIIIUlalL. ConnclOr ahlll furnilh and ~~required tlt'lnNICI~ ... ., network 10pOlogy ii In full compllance will manufadurw's ~ Prag,ammii,g al <Sala acquillition from lhe pow meter acroea the g... • network la not induded In Ula CcN,hc:W. wak. • Modify Note #6 on drawing E4 IO read: ~ a,,m,t GAI:I fhllldeds ,,,,.,,.. f1f42R cw m:nt c:ammunic:adon cable out ID SCADA cgmpylp Etlwn,s INb in control room . Utiiza exJstlng 1111111 cable tray where ••hble. • The coat of the metar with Ethernet la about $300 mm 1-1 the mellr ~ IO, and the c:able coat should be about lhe ..... Ttw IOIIMon does not c:ampromiN the lntendad fundlonafity of lhe nwllflng systam In any w.y, Thia cost imnt should be negodaled wllll the co.•ac:b. 2. It ii my opinion that lhe LudVik bid la ac:c:eplable, wilh the c:lali.'lc:allo, • and adjullments noted. l ••i r•••••••I 6•1 i •11 ,, ~ , .•• ,.,, •• ,, .. ' .... .. • • Evaulan olCa8'**"9 lld tbr 11•11111111 olSlandby 0..•lllm Decli1a 9, 2003 Page2ol2 . 1 n. dala pac:lcage yau .,._ma,-llgrllCI Oflglra ol .. band Inn and ol Olhlr' doaamrlll ao I l'all9 made copm and am .......... arlglrm Ill yau by FedEx. fllNle lit ffll know If )Qi hall9 arty llddllallll ...... Of CCIIIIII-- l':OIII-••• u.-1'1111...... I 'CIII .. •n•tlllPWIP811111 ......... • ·_...,,_,.._,_co ____ ,,, __ ,_!1'!1.....,, PROPOSAL 12IOII03 Thia ii fie prlc8 ACOE.q b fie e.n.t PM 1tlat ii speciftea in Dlnnis Mcauilan;s amal. Noll4. .., ~ ... Exc1uaion1:IGaii;iciiiGiiici-.".•;;9n ... ieiii,ij~~-•m~1pa1;;;~;,i~;;;~anainiiiiliiiiiliii----, « prwrium higlll Cllagel. ctwgll 1.-d ID lwldlng or of,__. "'*11111. and lllf ._ __ net addl SU.Id in ltil Dl'CICIOISI. T1'il IIIQDalSI ii valid b 90 i-rics: •• __ dif ___ .&1_.1 ~------- Dia: CC: 311111· 210 t • • COUNCIL COMMUNICATION DATE: December 15, 2003 AGENDA ITEM: SUBJECT: Unified Development Code 11 a i (UD_C) ~ INmATEDBY: STAFF SOURCE: Tricia Langon, Senior Planner Community Development PREVIOUS COUNCIL ACTION; Council has discussed various components of the proposed Unified Development Code (UDC) during Study Sessions over the past two years. Joint Study Sessions with Planning and Zoning Commission and Board of Adjustment and Appeals have also been held. On November 24, December 1 and December 8, 2003 Council reviewed the Unified Development Code as recommended by the Planning and Zoning Commission. PREVIOUS PLANNING COMMISSION ACTION; The Planning and Zoning Commission held a public hearing on the draft UDC on September 16, 2003. The Commission, by a vote of 7 to 0, recommended approval with transmittal to City Council with three amendments to the draft. The amendments as proposed by Planning and Zoning Commission have been incorporated into the Unified Development Code. REQUEST; Staff requests City Council approve on first reading an Ordinance to repeal in their entirety Title 10, Land Subdivision, and Title 16, Zoning Regulations, of the Englewood Municipal Code and to adopt the proposed Unified Development Code as recommended by Planning and Zoning Commission with amendments as discussed at recent study sessions. Staff also requests that Council schedule a public hearing on January 5, 2004 to take public comment on the Unified Development Code. BACKGROUND; The City adopted the first Zoning Ordinance in 1940. Subsequent rewrites occurred in 1955 and 1963 . The last major revision of Title 16, Zoning Regulations, occurred in 1985. In the intervening years, numerous amendments have resulted in a document filled with inconsistencies and outdated references that made it difficult to use and administer. The document did not reflect community's need for standardized development procedures and flexible development opportunities. Additionally, citizens requested design standards for residential development that would help maintai n neighborhood quality of life. To that end, Council established an emergency moratorium suspending building permits for new single-family attached and multi-family residential dwellings in northwest Englewood until design standards for all residential zone districts could be coordinated with the proposed zoning updates. Council directed staff to research and prepare a coordinated land development code that minimized Title l'b's inconsistencies, addressed citizen concerns, enhanced development options, and coordinated subdivision and zoning regulations. Phase One of the UDC project began when the City co ntracted with Clarion Associates, a metr~ area lan d use co nsulting firm to conduct interviews, diagnosis strengths and limitations of the ordinance, and prepare a reorganized draft document Staff efforts focused on developing t -~ ... • • reasonable procedures and a document format that was easier to read and administer. The resulting Unified Development Code is a comprehensive revision of Tides 10 and 16 that reorganizes and updates land development (zoning) and land subdivision regulations into a single, coordinated document It is the outcome of several years of work that included public meetings, open houses, and joint work sessions with City Council, Planning and Zoning Commission and the Board of Adjustment and Appeals. During Phase Two staff will continue work on the UDC with attention to nonconforming uses, signs, landscaping, and historic preservation. Preparation of these sections will involve additional citizen and business community involvement 9BPINANg OVERVIEW: Due to the new format a section by section comparison of the current regulations and draft UDC is not possible. In its place is the attached "Overview", a broad summary of the sections within each UDC chapter. The Overview has been updated to include the proposed amendments discussed at the previous Study Sessions. The Overview is not intended as an in-depth discussion, nor does it cover every proposed change. The Overview identifies the status of each section and the effect on zoning and land subdivision regulations. The proposed UDC is consistent with the Comprehensive Plan that was adopted earlier this year and reflects community needs for changing development practices. It provides standardized and timely procedures, updated development practices, and dear and reasonable approval criteria. Further, the new format makes the Code easier to use and understand And it addresses citizen requests for quality design standards to protect residential neighborhood character. flNANqAL IMPACT; There is no direct cost associated with this Ordinance. LIST OF ATTACHMENTS; Bill for Ordinance Requested Amendments to Planning and Zoning Commission Approved UDC Planning and Zoning Commission Findings of Fact Unified Development Code Overview Requested Amendments to Planning and Zoning Commission Approved UDC The following amendments to the Planning and Zoning Commission approved Unified Development Code document were requested during City Council Study Sessions: Threshold for Transit Station Area Rezoning Amend 16-2-7:B3a to read as follows: 3. Thresholds for Transit Station Area (TSA) Rezonings a. District Location Page 26 The location of a Transit Station Area (TSA) District shall be consistent with the following criteria: (1) The location of the proposed TSA District shall be consistent with the locations described or depicted for transit-related and/or mixed-use development in the Comprehensive Plan . (2) The TSA District shall be located generally within a eAe half ('It) one-fourth (J /4} mile radius of an existing, or a planned and approved light-rail rapid transit station. (3) Jbe one-forth {J /4} wile radjus may be augmented--by an extended area whjch would include unto a one:balf (J/2\ mile radius where the area is contisuous to the JSA Qistrjct and the oyeran Concept Plan shows the area creates a transitional zone when the Plannins and Zooins Commission makes a findins that such an extension is a benefit to the adioinins zone district§ Garage Conversion Pages 153 A mend "Add'I Regulations" of Table 16-6-1.2: SUMMARY TABLE OF DIMENSIONAL RE Q UIR EME NTS FOR ACCESSORY STRUCTURES to read as follows : If a garage or carport is convetted to another use, an equivalent amount of off-street par king shall be provided . aAd aA'/ dfit,•eway leadiAg frelft the street te the eeAverted ga rag e er ear13eft shall be relfteYed . When a garage 9t camort js conyerted to another use the exis ting drivew ay jn the front yard or setback shall be subject to Parkjng Pad reg ul ati ons stan dar ds and gujd eHnes t .... .. .. •' • • Parking Pads in Front Yard or Setback Amend 16-6-1 O:BS to read as follows : Pages 206-208 5. Front Lot Coverage/Residential Driveway and Parkjng Pad Standards a . Intent The presence of open lawn and landscaped front yards throughout the City's residential districts is a strong character-defining feature of these neighborhoods. These front yards provide a soft-edged buffer between the street and the homes, and their consistent appearance creates a uniform, inviting appearance along the street As reinvestment occurs, the open character of the front yard area should be preserved. Paving and other hard materials, in excess, can detract from this appearance and should be limited to the narrow driveways and walkways as traditionally found. b. Parking Pads PFekieited PaFkiRg pads aFe pFekieiled iR lke fFeRt ·;aFd er selhaelt area. #ParldRg pads" aFe areas s11rfaeed witk ifflpeFYie11s fflateFial tkat aFe leeated l:letweeR tke freRt l:l11ildiRg wall aRd lke adjeiRiRg street; aRd wkiek aFe typieall·t 11sed te paFk epe,al:lle ·,ekieles eff lke streel A #parltiRg pad" dees Rat iRel11de a dFive·,w·;. Parkjng Pads jg the front vacd or setback area are subiect to the maximum Front Lot CPYerase reauiremeots and in no case shall the total width of anv oarkin1 oad exceed twentv 12m feet Commentary to Figure 16-6(8) [Left]: This figure illustrates a prohibited parking pad. As shown, a ~ parking pad i5 a p,wetl fjfflpeA;e11sj s11rfaee tyflic./ly 11sed fe pa,lc 'R!ltieles, &tit vlltielt tlees Ref Elireetft lead te a sa,ase er eatfJert exceajs the cweocr ao1 fggt maximum w;cfth and the fq,gy-fiye percent f45%1 max;mum Cwoc (ot coverage Cw lots wjthgut rear alley access,, c. Maximum Front Lot Coverage (no change to this section) d . Standards For Residential Driveways and Parkjng Pads Within The Front Yard Or Setback Area ( 1) Relationship to and Conflict with Similar Provisions The general residential driveway standards in Section 1 CK>-3 EMC above shall apply to residential development, except that if this subsection"s residential driveway standards conflict with the standards in Section 1 CK>-3 EMC, this subsection's standards shall control and apply. t .. • • -- (J (2) Zoning Site Plan Review Required All new construction, surfacing or resurfacing, alteration, expansion, or re- installation of a residential driveway and parkjng pads shall require Zoning Site Plan Review (see Section 16-2-9 EMC) prior to the start of work. (3) Re('Jt-Jired Dri·,ewa)' U5e ilRe Ft-lRctiaR The Use of Parking Pads in Conjunction with Driveways All resiaeAtial ariveWa'(S leeatea iA the ft:eAt yara er seteael< area ef the let shall leaa te a perff'littea aeeesseF( garage !aetaehea er attaehea) er EaFJ3erl 1w: use of parking nads in coniunctioo with drivewavs is discourased but not Prohibited However in no case shall the total width of anv combination of oarkins nad and drivewav exceed twenty l20l feet (4) Permitted Driveway and Parking Pad Paving Materials. Residential driveways and parkjng pad shall be improved with a durable hard surface approved by the City. Surfacing materials that may be used include concrete, asphalt, exposed aggregate, or Grasscrete. Prohibited materials include dirt and gravel. Zoning Site Plan review (see Section 16-2-9) is required prior to the start of any residential driveway or parkjng pad surfacing. Definitions Amend the following definition to read as follows: DRIVEWAY An improved and maintained way providing vehicular access from the public street to a parking area garage 9[ carport or to EiwelliRgs er other uses. Insert the following definitions in appropriate alphabetical location: GARAGE ATTA(HFQ A structure intended for the storage of motor vehicles with a oartv wall in common with a habitable soace/room, as defined herein within the orinciPal structure Said common Partv wall shall be a minjmum of four <il linear feet in length When a detached garage js later oerffiitted to be attached to a nrinciaal structure the oactv wall and orincioal structure dimensional setback. and bulk plane regyjrewents shan apply GARAGE DEJA(HEQ Any garage which does not meet the definition of attached sarase in this Title HARIIABl E SPACE Soace in a structure for livins, sleeoios eatit1s or cookins Bathrooms t2ilet c2maartments closets balls storase or utilitv soace, and sin1ilar areas are not considered habitable sPace ' ... ·' • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #ORD-2003-01 FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS RELATING TO THE UNIFIED DEVELOPMENT CODE INITIATED BY: COMMUNITY DEVELOPMENT DEPARTMENT 1000 ENGLEWOOD PARKWAY ENGLEWOOD, CO 80110 FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION Commission Members Present: Adams, Diekmeier, Krieger, Mueller, Roth, Schum, Waggoner Commission Members Absent: Bleile, Welker This matter was heard before the City Planning and Zoning Commission on September 16, 2003 in the City Council Chambers of the Englewood Civic Center. Testimony was received from staff and Harry lester. The Commission received notice of Public Hearing, the Staff Report, and a copy of the proposed Unified Development Code, which were incorporated into and made a part of the record of the Public Hearing. After considering the statements of the witnesses, and reviewing the pertinent documents, the members of the City Planning and Zoning Commission made the following Findings and Conclusions . FINDINGS OF FACT . 1. THAT the Public Hearing on the proposed Unified Development Code was brought before the Planning Commission by the Department of Community Development, a department of the City of Englewood . 2. THAT notice of the Public Hearing was published in the Englewood Herald on September 5, 2003 . 3. THAT the Unified Development Code is consistent with the 2003 Comprehensive Plan and reflects community needs . 4 . THAT the Unified Development Code provides standardized and timely procedures, updated de elopment practices, and clear and reasonable approval criteria. ' ·~. ... • • -· CJ 5. THAT a community meeting was held on April 16, 2003 to discuss and review the residential design guidelines of the Unified Development Code. 6. THAT two joint study sessions with City Council, Board of Adjustment and Appeals, and the Planning and Zoning Commission were held on December 3, 2003 and January 9, 2003 to discuss and review the Unified Development Code. 1. 2 . CONCLUSIONS THAT the proposed Unified Development Code was brought before the Planning and Zoning Commission by the City of Englewood Department of Community Development. THAT proper notice of the Public Hearing was given by publication in the Englewood Herald on September 5, 2003. 3. THAT the Unified Development Code is needed to provide standardized and timely procedures, updated development practices, and clear and reasonable approval criteria . DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that the Unified Development Code 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 September 16, 2003, by Mr. Roth, seconded by Mr. Schum , which motion states: · AYES : AYS : TO RECOMMEND TO CITY COUNCIL THE REPEAL OF TITLE 10 LAND SUBDIVISION AND TITLE 16 ZONING REGULATIONS OF THE ENGLEWOOD MUNICIPAL CODE IN THEIR EN TIRETY A.ND APPROVAL OF THE PROPOSED UN IFIED DEVELOPME NT CODE WITH THE FOLLOWING AMEN DMENTS : 1. CHANGE TITLE PAGE TO REFLECT NENGLEWOOD MUNICIPAL CODE #; 2. CHANGE SECTION 16-6-1085 (D)(4) PERMITTED DRIVEWAY PAVING MATERIALS TO REPLACE HGREENCRETEH WITH HGRASSCRETE "; AND 3. CHANGE 16-11 DEFINITIONS TO INSERT A DEFINITION FOR NHARD SURFACE." Ada ms , Diekmeier, Krieger, Mueller, Waggoner one t .., .. • • ABSTAIN: None ABSENT: Bleile, Welker These Findings and Conclusions are effective as of the meeting on September 16, 2003 . BY ORDER OF THE CITY PLANNING & ZONING COMMISSION • C • . . .. ;. . \, Unified Development Code Overview -Chapter 1: General Provisions Section Section Name UDC Status Effect 16-1-1 Tide Update Officially renames Tide 16 from "Zoning Regulations" to the Unified Development Code. 16-1-2 Authority Carry Over Specifies that the City's authority to enact the UDC arises from its Home Rule Charter and from the Colorado Constitution, including the Local Government Land Use Control Enablina Act 16-1-3 Overview Carry Over Describes that Tide 16 implements the policies and objectives of the City Comorehensive Plan which orovides a vision for Emdewood's future. 16-1-4 Purpose and Intent Carry Over Specifies that land use controls within the UDC are necessary for the preservation of oublic peace health safetv. convenience and welfare. 16-1-5 Applicability and General Carry Over Coordinates general statements from current Zoning Regulations regarding where and Compliance when Tide 16 anolies. 16-1-6 Relationship to Other Carry Over Specifies that the UDC relates to zoning and subdivision of land and is not intended to Regulations /nterfere with existing ordinances; however, where the UDC imposes greater restrictions related to zonina and land subdivision issues the UDC controls. 16-1-7 Effective Date Uodate Establishes when the UDC reaulations take effect 16-1-8 Official Zone District Carry Over Consolidates provisions related to the necessity for zone districts, requirement for Map uniform regulations within each zone district. zone district boundaries, the official zonin11. man and amendments to the official map into a sinide Section. 16-1-9 Rules of Construction Carry Over/ Clarifies "rules" for how words, terms, and examples are used in the UDC. This and Interpretation Clarify Section coordinates rules that had been located in multiple sections in the current Zonina Reaulations. 16-1-10 Severability Carry Over Standard I~ statement that if any part of the UDC is held to be unconstitutional, the remainder of the Tttle is valid. NOTE: The General Provisions found in Chapter 1 are materials that were carried over from various locations in the current Zoning Regulations and coordinated into a new Section for ease of use. , . • Unified Development Code Overview -Chapter 2: Development Review and Approval Procedures Section Section Name UDC Status Effect 16-2-1 Administrative & Review Update Updates and darifies the roles of City Council, Planning and Zoning Commission, Roles Board of Adjustment and Appeals, and City Manager/designee. Establishes criteria for decisions. 16-2-2 Summary Table of Roles Clarify /Format Summary table of land development applications: who has the authority to review or make a final decision on the application, to whom a decision is appealed, when notification is reauired. and whether an annroved anolication laoses. 16-2-3 Development Application Clarify/ Codify/ Oarifies procedural actions and codifies existing policies. Procedures Format 16-2-4 Comp Plan Amendments New Codifies text amendment nolicv. 16-2-5 Annexation Petitions Clarifv Adds Colorado Statutes and criteria. 16-2-6 Amendments to UDC Clarify No substantive changes. Text 16-2-7 Official Zoning Map Codify Codifies the 1965 Council Resolution prohibiting •spot"' zoning. Requires Planning Amendments (Rezonin11.s) and ZoninR Commission review and Citv Council decision. 16-2-8 Overall Concept Plan New A conceptual plan is required as part of a Planned Unit Development (PUD) or Transit Station Area (TSA) district rezoning. It may be submitted before or simultaneously with the rezoning application. Requires Planning and Zoning Commission review and Citv Council decision. 16-2-9 Site Plan Review Codify Codifies existing site plan requirements that have been addressed through deoartment nolicv. 16-2-10 Major Subdivision Policy Change/ Land being divided that requires land dedication must be subdivided through the New Major Subdivision process. Requires Planning and Zoning Commission review and City Council final decision. land being divided that does not require dedication may now be subdivided through the minor subdivision process. Final Plats are not effective until recorded and must be recorded within 60 davs of anoroval. 16-2-11 Minor Subdivision Policy Change/ Final Plats are not effective until recorded and must be recorded within 60 days of New final approval. Oarifies when a Minor Subdivision is required. Adds Administrative Land Review Pennits, which are a sub-category of the minor process. These are land action that r..nuire Citv review for UDC comDllance but do not reauire a Plat 2 • \, . . . . Unified Development Code Overview -Chapter 2: Development Review and Approval Procedures (con't) Section Section Name UDC Status Effect 16-2-12 Conditional Use Permits Update/New CUP's require public hearing and Planning and Zoning Commission decision. CUP will be administratively reviewed annual for compliance. If the CU is not operating. the permit is tenninated. This clarifies the gap in the current regulations of whether a conditional use aoolies only to the aoolicant or to the land. 16-2-13 Limited Review Permits Policy Change Allows administrative review and authority to place restrictions on specific principal uses. LRP's fall between permitted uses (a use by right) and conditional use that requires Planning and Zoning Commission public hearing. Examples: Live/work dwellimr. in Industrial districts car wash in B-2. 16-2-14 Temporary Use Permits Policy Change Pennits will be required for all temporary uses including mobile storage containers, Christmas tree lots, trailers used during site construction, etc. Previously, the only type of temporary use allowed was a trailer in conjunction with a building permit to construct a budding. 16-2-15 Development New Development Agreements are contracts between a developer and the City in Agreements connection with a discretionary development approval. City Council must review and approve the agreement, which may include provisions on phasing of construction, the timing. location and financing of infrastructure, assurances that 16-2-16 Variances Policy Change ad..,.uate oublic facilities will be available as they are needed. At Council's direction, the variance criteria have been made more objective to reflect that a variance should be granted to provide land use equity, rather than to provide a "bonus" to an individual property owner. Clarifies that a variance is P.ffective after the aooeal (referendum) period is exhausted. 16-2-17 Administrative Policy Change/ Administrative Adjustments allow City review and approval of certain types of minor Adjustments New "adjustments" to zoning regulations if ~pecific criteria are mel This policy change by City Council reduces the need for some common types of variances. Also permits minor adjustments for "reasonable accommodation• to meet provisions of the Federal Fair Housina Act 16-2-18 Aooeals Clarifv No substantive chanites. 16-2-19 Vested Rights New Implements provisions of Colorado Statutes establishing vested property rights to use property and complete development under terms of approved "site specific develooment plan". 3 t • -- " \, • . . ' Unified Development Code Overview -Chapter 3: Zone Districts Section Section Name UDC Status Effect 16-3-1 General Provisions Format/ Identifies zone districts by name in table format: New . No district boundaries are being changed by the UDC. No properties Update/ are being rezoned. . One new zone district is added: TSA: Transit Station Area -a mixed- use district intended for land uses adjacent to light rail transit stations. No land is currently zoned TSA . One existing district is being deleted as no land was ever zoned as such R-2-C/SPS: Medium-Density/Special Permit System Residence District . The following districts are being RENAMED (name change only): R-2 Renamed R-2-B 1<-2-C Renamed R-2-A R-3 Renamed MU-R-3-B R-4 Renamed MU-R-3-A B-1 Renamed MU-8-1 B-2 Renamed MU-B-2 Identifies relationship between zone districts and overlay districts. When land is identified as being in an overlay district, development standards specific to -the overlay district apply in addition to the zone district regulations. Example: 1-1 Light Industrial zoned property with a Flood Plain Overlay District classification may develop under 1-1 regulations and must meet all Flood Plain development reauirements. 16-3-2 District Characteristics Update Provides broad descriptions of the Residential, Mixed-Use Commercial, Industrial and Soecial Puroose Districts identified in the table in Section 1. Unified Development Code Overview -Chapter 4: Flood Plain Overlay District • Section Section Name UDC Status Effect 16-4-1 Flood Plain Format The Chapter has been reformatted to be consistent with the UDC. No thru substantive changes have been made as this Chapter meets Federal flood plain 16-4-15 reauirements 4 Section 16-5-1 16-5-2 16-5-3 16-5-4 16-5 -5 (J. . . .. :· . .. .. . • ' . . . \, . . • Unified Development Code Overview -Chapter 5: Use Regulations Section Name UDC Status Effect Table of Allowed Uses Carry Over/ Types of uses allowed within each zone district are now found in a table Clarify/ format The table is broken into broad use dassifications, such as Format/ Commercial, and then identifies general use categories, such as Animal Sales New/ and Services. and then more specific use types, such as animal shelter, Policy Change/ veterinary djnjc, and pet store. The criteria for approving unlisted uses are also Update in this Section. Esumat Change: The use designations are: Table of Allowed A • Accessory: allowed only as an incidental use to the principal permitted Uses makes it use (home occupation) easier to C • Conditional: allowed only after approval after a public hearing (hazardous determine in waste facility in 1-1 ) what district a use L • Limited: generally all i;,wed, however an administrative review required to is permitted. The mitigate potential impacts (veterinary dinic in 8-1 ) current P • Permitted: allowed by right regulations T • Temporary: allowed for a limited duration require the user to go to each A "bluk" cell indicates that the use type is prohibited in the zone district. individual d istrict to determine if a The table also directs the user to additional regulations that may apply to the use is allowed . use Use-Specific Standards New/ Identifies standards for specific uses such as group living facilities, adult uses, Format automotive uses, limited office uses o.awnbrokers Adapted Reuse of Carry Over Provides criteria for reuse of designated historical structure to a use that may Designated Historical or may not be permitted within the zone district: example: church in a Structures residential district reused as a coffee houte Accessory Uses Format/ Consolidates standards for accessory uses into a single section. Accessory Update uses include home occupations, satellite dishes, paoong areas, swimming pools, and service facilities in MU~-3-8. This section also specifies prohibited accessory uses. Temporary Uses and New Establishes specific uses/activities as temporary uses requiring a permit, i.e.: Structures farmers ~rkel mobile storaae containers. outdoor sales seasonal sales 5 ' • Section 16-6-1 16-6-2 16-6-3 16-6-4 16-6-5 16-6-6 16-6-7 16-6-8 16-6-9 \, • . . Unified Development Code Overview -Chapter 6: Development Standards Section Name UDC Status Effect Dimensional Format/ Dimensional requirements for principal structures for lot area, floor area, Requirements New lot coverage, lot width, building height and setbacks provided in table format New Bulk Plane regulations for residential development are provided. Dimensional requirements for accessory structures are also now in table formal Development on Land Carry Over Carried over from current Zoning Regulations with minor substantive Designated as and/or change making applicant responsible for costs for testing and information Adjacent to Landfill related to proposed construction. Sites Streets and Vehicle Update/ Updates street, access and circulation standards and regulations from Access and Circulation Codify/ existing regulations, policies and new materials. New Off-Street Parking and New/Update Updates parking and loading requirements and establishes new options for Loading Reauirements alternative oarkinR plans Pedestrian and Bicycle New Establishes standards for pedestrian and bicycle connections and access to Access and developed areas. The standards apply to new non-residential development Connectivitv and new residential develooment of 4 or more dwellinR units. Fences, Walls and Clarify New format clarifies existing regulations in charts and figures. New Visual Barriers reRulations for sight distance at driveways and 2araRes Landscaping and Carry Over/ Review and update of this Section is anticipated in Phase 2. The fe e-11Hieu Screening Clarify calculation is increased from $1.15 to $1.50 per square feet of required landscaoed area Stormwater Drainage New Establishes requirements for control of site disturbance, erosion and dust and Erosion/Siltation during construction, restoration of disturbed areas, and drainage Control Underground Utilities New Establishes requirements for undergrounding of electric and communication utilities. The standards apply to new development except for residential dwellings where the expansion or alteration is less than 33% of the orildnal habitable Kross floor area 6 • • .. ·"' . \, . • . . Unified Development Code Overview -Chapter 6: Design Standards and Guidelines (con't) 16-6-10 Design Standards and Carry Over/ Combines existing and new residential design standards to provide variety Guidelines New/ and visual interest in exterior building design. The standards will apply to Policy Change new residential construction and to substantial alterations of existing Update/ residential dwellings. New material includes: . Front lot coverage: Ibe sjze pf parking pads are rtreltil:lited liwi1ed »:iJbiD ift the front yard ' . Driveway standards within the front yard: reEfttires driveway te lead te a ga,ege, limits maximum width, and prohibits dirt or gravel driveways. Zoning Site Plan Review required for all new driveways . Garage placement and design must be compatible to existing garage pattern on the street . Carports: prohibits vinyl, canvas and sheet metal carports . . Articulation of street.facing facades to provide vafiety in building elevations that face a public street The Chapter also covers design standards for large retail buildings that have been carried over from the existina re11Ulations. 16-6-11 Historic Preservation Carry Over Review and uadate of this Section is anticioated in Phase 2. 16-1 ,., Operating Standards Carry Over Clarifies standards for the operation and physical compatibility of land uses to mitiaate nuisances - 16-6-t J Signs Format/ Review and update of this Section is anticipated in Phase 2. Carry Over 16-6-14 Development Standards New Establishes development standards for the new TSA (Transit Station Area) for the TSA District zone district including minimum district size, permitted use , density, setbacks, lot frontage. These standards will apply to any land rezoned to a ~ TSA zone classification. 7 t Section 16-7-1 thru 16-7-9 ~-·: " .. . ~ ...... t .. ,'t.' ._.··.·~-._ .. , . . ,·. • • . >J .. .. ' \, Unified Development Code Overview -Chapter 7: Telecommunications Section Name UDC Status Effect Telecommunications Format This Chapter has been reformatted to be consistent with the Unified Development Code. No substantive changes have been made as this Chaoter conforms to Federal guidelines. Unified Development Code Overview -Chapter 8: Subdivision Design, Improvements and Dedication Standards Section Section Name UDC Status Effect 16-8-1 Applicability Policy Change When a subdivision requires dedication of land, a major subdivision is reauired: otherwise the minor subdivision process is utilized. 16-8-2 Recordation Required Clarify/ All subdivisions must be recorded with the Arapahoe County Clerk and Codifv Recorder within 60 davs of final aooroval and are not effective until recorded 16-8-3 Subdivision Review Clarify Refers backs to Chapter 2: Procedures Process 16-8-4 Subdivision Design and Clarify/ ,Establishes City subdivision standards including lot design, easements, utilities, Improvements . Codify/ Flood Plain Districts Carry Over 16-8-5 De d ica tions for Parks, New Establishes new standards for when and how land (or fee in lieu when Tra il~ and Open Space applicable) is dedicated to the City to provide adequate parks, trials and open soace facilities 16-8-6 Ge ne ral Re quireme nt s New Establishes requirements for method of ownership, management and fo r Ooen Space maintenance of common ooen soace in new subdivisions. 16-8-7 Str eets Carry Over Sets standards for streets, sidewalks and curbs within new subdivisions. 16-8-8 Envi ro nm e ntal New Authorizes the City to request an environmental assessment of any land As sessme nt o f La nd offered to the City in a land dedication De d ica tio ns • 8 \, . . . t Unified Development Code Overview -Chapter 9: Nonconformities Section Section Name UDC Status Effect 16-9-1 Nonconforming Uses, Carry Over This Chapter has been reformatted to be consistent with the remainder of the thru Structures, lots and Unified Development Code. Review and update of Chapter is anticipated in 16-9-5 SiR;ns Phase 2. Unified Development Code Overview -Chapter 10: Enforcement and Penalties Section Section Name UDC Status Effect 16-10-1 Enforcement Format/ Material in this Section is carried over from Chapter 2 -Administration of the Carrv Over current Zonina Rn.ulations 16-10-2 Penalties Format/ Enumerates prohibited actions in a single Section that had been in various Carry Over Sections of the current regulations. Violations of the UDC are subject to penalties provided in the General Penalties section of the Englewood Municioal Code Unified Development Code Overview -Chapter 11: Use Classifications and Definitions Section Section Name UDC Status Effect 16-11 -1 Use Classifications New Use classifications organize land uses and activities into general "use categories" and specific "use types" based on convnon functional, product, or physical characteristics, such as the type and amount of activity, tile type of customers or residents, how goods or services are sold or delivered, and site conditions. • 16-11 -2 Definition of Words, Update/ Updates and ~ existing definitions and adds new terms ~ted with Terms and Phrases Clarify new material in the UDC 9 ORDINANCE NO. SERIES OF 2003 BY AUTHORITY JltL-1 COUNCIL BILL NO. 83 INTRODUCED BY COUNCIL MEMBER~~~~~ AN ORDINANCE REPEALING TITI.ES 10 AND 16 OF THE ENGLEWOOD MUNICIPAL CODE 2000, IN THEIR ENTIRETY, AND APPROVING THE ADOPTION OF THE UNIFIED DEVELOPMENT CODE AS A REENACTMENT OF TITI..E 16 OF THE ENGLEWOOD MUNICIPAL CODE 2000 AS RECOMMENDED BY THE ENGLEWOOD PLANNING AND ZONING COMMISSION. WHEREAS, the City of Englewood adopted the first Zoning Ordinance in 1940 with subsequent rewrites occurring in 1955 and 1963; and WHEREAS, the last major revision of Zoning Regulations occurred in 1985; and WHEREAS, in the intervening ycan, numerous amendments have resulted in a document filled with inconsistencies and outdated references mat made it difficult to use and administer; and WHEREAS, the current Title 16, Zoning Ordinance, docs not reflect the community's need for standardized development procedures and flexible development opportunities; and WHEREAS, citizens have requested design standards for residential development that would help maintain neighborhood quality of life in Englewood; and WHEREAS, the Englewood City Council established an enlergcncy moratorium suspending building permits for new single-family attached and multi-family residential dwellings in northwest Englewood until design standards could be coordinated with the proposed zoning updates; and WHEREAS, this Unified Development Code baa been researched and prepared as a coordinated land development code that minimizes wning regulation inconsistencies, addresses citizen concerns, enhances development options and coordinates subdivision and zoning regulations; and WHEREAS, the Planning and Zoning Commission held a public bearing on the draft Unified Development Code on September 16, 2003 and recommended approval of the draft Unified Development Code at Planning and Zoning Commission meeting of September 16, 2003. NOW, THEREFFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Scctjon I, The City Council of the City of Englewood. Colorado, hereby repeals Titles 10 and 16 of Enalewood Municipal Code 2000 in their entirety and approves the adoption of the Unified Development Code u a recnactmcnt of Title 16 to the Englewood Municipal Code 2000 . -1- • • Scctjon 2. Pursuant to Article V, Section 40 of the Englewood Home Rule Charter, the City Council bas determined that this Ordinance shall be published by title because of its volume. A copy is available in the Office of the Englewood City Clerk, on the City of Englewood's website and, after approval on first reading, on compact disk in the office of the City Clerk. Section 3, Safety C)ausc;s. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulpted for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4, SeYC11bility, If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Sectiop 5, !nmmilkall QnliPNKiA All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent ohuch inconsistency or conflict. Section 6, Effect of lllDGII or modification, The repeal or modification of any provision of the Code of the City or Enaiewood by this C>nlinala sball not release, extinguish, alter, modify, or chanp in whole or in put any penalty, forfeiture, or liability, either civil or criminal, which aball have been incurred under such provision, and each proviaion lhall be treated and beld u still remainina in force for the purposes of sustainina any and all proper actioaa, suita, procoedinp, and prosecutions for tbe enforcement of the penalty, forfeiture, or liability, u well u for the pwposc of sustainina any judplcnt, decree, or order which can or may be rendered, entered, or made in IUch actions, suiu, procecdinp, or prosecutions. Sectjon 7. hDlltx. The Penalty Provision of Section 1-4-1 EMC aball apply to each and every violation of this Ordinance. Introduced, read in full, and paued on first reading on the 15th day of December, 2003. Published u a Bill for an Ordinance on the 19th day of December, 2003 . ATTEST: Loucrishia A. Ellis. City Clerk -2- 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 fint reading on the 15th day of December, 2003. Loucrishia A. Ellis -3- For your consideration on 1 •1 Reading Council Bill83 Unified Development Code • Repeal in their entirety Title 10: Land Subdivision Title 16: Zoning Regulations Adopt UDC in their place RECOMMENDED ACTION: Approved the draft UDC with the attached "Requested Amendments" • Set Public Hearing January 5, 2004 Requested Amendments Council reviewed and discussed the P&Z draft at 3 study sessions during November and December and requested the following amendments to the UDC, Amend 16-2-7:B3a to read as follows: Transit Station District threshold 1/• mile radius of transit station 1/4 mile extension possible • Amend Table 16-6-1.2 Garage Conversions = existing driveway is subject to parking pad ~egulations Amend 26-6-1 OBS Parking Pads in front setbacks will be permitted subject to maximum front lot coverage requirements & may not exceed 20' in width Amend 16 -11-2:B Driveway New def: Garage, attached Garage, Detached Habitable Space • ' • • BACKGROUND: • First Zoning Ordinance in 1940. • rewrites in SO's and 60's The last major 1985. Numerous amendments: WHY Inconsistencies and outdated references Difficult to use and administer. Council directed staff PLUS coordinate subdivision and zoning regulations minimize Title 16's inconsistencies, standardize development procedures provide flexible development opportunities clear standards citizens requested design standards for residential development maintain neighborhood quality of life. 2 emergency moratorium suspending building permits for new single-family attached and multi-family residential dwellings in northwest Englewood until design standards for all residential zone districts could be coordinated with the proposed Code update. The moratorium is scheduled to expire on February 27, 2004. UDC is comprehensive revision that reorganizes and updates land development (zoni ng) and land subdivision regulations into a single, coordinated document. UDC GOALS Maintain essential character of existing Zoning Districts , Update , Simplify administration and procedures Establish flexible development opportunities based on clear standards ' . ... • • Phase 1 June 2000 Clarion Associates Interviews, code analysis Reformatted Code Outline of proposed changes Draft - internal review Staff rewrites 2nd Draft P&Z Design standard open house ACE, Chamber, CEAC More rewrites P&Z draft PLANNING COMMISSION ACTION: UDC considered at PH before P&Z on Sept. 16, 2003. 1 citizen spoke at the PH ' -comments focused on the auto use mortorium Commission recommended approval of the UDC by a vote of 7 to 0 CC reviewed at 3 study sessions with requested amendments above More than 3 years of work PROPOSED UDC: No land is being rezoned No substantive changes to L/S, parking, signs, Hist. Preservation, flood plane, telecom, NCU Reformat preclude line-by-line comparison Overview attached 4 types of changes technical : format, flow-charts, tables new material : not in current Code definitions standards for stormwater drainage and erosion control • minor updates: clarity, codify policies ie plat effective when recorded • substantive policy changes. Establishment of: Residential Design Standards including bulk plane requirements, garage placement Limited Review Permit Temporary Use Permit Administrative Adjustments Transit Station Area District zone category Land Subdivision procedures Variance criteria Removal of the unused R-2-CJSPS Residence District zone. PUBLIC OUTREACH Available Web Library CD from City Clerk Notices Bldg Counter Citizen Channel 8 FAQ's Bldg Contractors QUESTIONS: COUNCIL COMMUNICATION DATE : December 15 , 2003 AGENDA ITEM: SUBIECT: Unified Development Code 11 a ii (UDC) INITIATED BY : STAFF SOURCE: Tricia Langon, Senior Planner Community Development PRMous COUNCIL ACTION; There has been no previous Council action on this issue. REOUESJ: Staff requests City Council approve on first reading an Ordinance to amend Tides 1,6,8, 9 and 15 of the Englewood Municipal Code to reflect changes to references to the Unified Development Code (UDC). BACKGROUND; The attached Bill for Ordinance is a companion Ordinance to the Proposed Unified Development Code. References to zoning or the current Comprehensive Zoning Ordinance appear in several Titles of the Englewood Municipal Code. These references will become outdated with the adoption of the Unified Development Code. Technical or derical updates to these Tides are necessary to maintain consistency throughout the Code. References are found in the following Tides : Title 1 Administrative Title 6 Health and Sanitation Title 8 Building and Safety Code Title 9 Housing Regulations Title I 5 Health, Sanitation and Environmental Protection f!NANCIAL IMPACT; There is no direct cost associated with this Ordinance. ust OF ATTACHMENTS; Bill for Ordinance • • ,( • BY AUTHORITY COUNCIL BILL NO . 84 INTRODUCED BY COUNCIL MEMBER ----- AN ORDINANCE AMENDING TITLES I, 6, 8, 9 AND 15 OF THE ENGLEWOOD MUNICIPAL CODE 2000, WHEREAS, the Planning and Zoning Commission held a public hearing on the draft Unified Development Code on September 16, 2003 and recommended approval of the draft Unified Development Code at Planning and Zoning Commission meeting of September 16, 2003 . WHEREAS, the adoption of the Unified Development Code requires several technical changes in other titles of the Englewood Municipal Code to maintain consistency in the Code; NOW, THEREFFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sectjon ) . The City Council of the City of Englewood, Colorado, hereby amends Title I, Chapter 2, Section 3(N) -legislation Not Affected by Repeal, of Englewood Municipal Code 2000 to read as follows: 1-2-3 Le1l1latloa Not Affected by Repeal. N . Any ordinance, resolution and motion annexing territory to the City; or any ordinance or ordinances establishing land use zoning districts in the City, regulating the use of land and the use, bulk, height, area and yard spaces of buildings, adopting a map of zoning districts, providing for the adjustment, enforcement and amendment therefor, or included jn me Unified Development Code . Sectjon 2. The City Council of the City of Englewood, Colorado, hereby amends Title I , Chapter 5, Section 2, Subsection 9 -Addressing the Council , of Englewood Municipal Code 2000 to read as follows: 1-5-2-9 Addressln1 the Council 3. Reading of Protests. Interested persons or their authorized representatives may address the Council by reading of protests, petitions or communications relating to zoning, including the Unjfied Development Code, sewer and street proceedings, bearings on protests, appeals and petitions, or similar matten, in regard to subjects then under consideration. -1- .' • • Sectjon 3. The City Council of the City of Englewood, Colorado, hereby amends Title 5, Chapter I, Section 4(0)(6) -Application for License, of Englewood Municipal Code 2000 to read as follows: 5-1-4 Application for License D . The Licensing Officer has the authority to deny any applications or renewal of an existing license or to suspend or revoke an existing license under the following conditions: 6 . The proposed use of any premises for which the license is sought is not authorized by t!ellffll; the Unjficd Peve!opmcnt Code. building, housing or other regulations. Section 4. The City Council of the City of Englewood, Colorado, hereby amends Title 6, Chapter 6, Section 3, Definitions and Standards, of Englewood Municipal Code 2000 to read as follows, the remaining definitions arc not affected by this Ordinance: 6-2 NOISE CONTROL 6-2-3: Definitions and Standards. All technical terminology used in this Chapter, unless the context requires otherwise, shall be defined in accordance with the American National Standards Institute (ANSI) Publication S 1.1-1960, Revised 1971, or successor publications of ANSI, or its successor bodies . For the purpose of this Chapter, certain words and phrases used herein arc defined as follows: Business District(s): Any district zoned as 8-1; 111.d 8-2 ~ as defined in the E118ie¥>eed Ce111pNhe111i'l1 Ze11ill1 Q,dil-ee 26 Sel'iea 1963, Unified Pcve)opmcnt CQ!k, as amended . .Industrial Districl(s): Shall 1111811 Any district zoned as 1-1; 111.d 1-2 ~ as defined in the E11gle .. eed Ce111pNheB1i·112:811i111 Q,di-ee 26 Sefi11 1963, Unjficd Development Code. as amended. Residential District(s): Shall 1111811 any district zoned R-l ·A, R-1-8, R-1-C, R-2-A, R· 2-8; JruJ R-3 -A, R-3-8; ll 4 8118 P Q as defined in the Eagln eed Ce111pNh111ai ,e Zeni11 g Q,di118ftee 26 Sel'ies 1963 Unjficd Peve)opmcnt Code , as amended . Section S. The City Council of the City of Englewood, Colorado, hereby amends Title 6, Chapter 5, Section I -Enforcement of Zoning and Environmental Codes, of Englewood Municipal Code 2000 to amend and have the beading read as follows : -2- ,, ' .. f • • 6-5-1: Enforcement of -Zeitiet the Ualfted Qevelopmeat Code and Environmental Codes. A . The designated specialists who enforce specific Code sections as indicated below are appointed limited and restricted peace officers only for the purpose of issuing and serving summons and complaints for offenses committed in violation of the particular codes they enforce: Code Enforcement Officers with respect to Titles S, 6, 8, 9, ~ 11 , 12 , IS, 16, and Title 7, Chapter I, Sections IA, 18, IC, and 2, Englewood Municipal Code of 1985, and also the adopted secondary codes applicable thereto . The Chief Building Official, or such designated officers, with respect to Title S, Chapter 7 and Titles 8, 9 and 16, Englewood Municipal Code of 1985, and also the adopted secondary codes applicable thereto . The Chief Building Official, or such designated officers, with respect to Title S, Chapter 7 and Titles 8, 9 and 16, Englewood Municipal Code of 1985, and also the adopted secondary codes applicable thereto . The aforementioned limited appointments do not permit these designated appointees to carry firearms, make arrests and exercise any other duties of law enforcement officers, except as herein provided. Sectjon 6. The City Council of the City of Englewood, Colorado, hereby amends Title 8, Chapter JA, Section 7 -Swimming Pools -Fencing, of Englewood Municipal Code 2000 to read as follows: 8-JA-7: Fencln&. All private residential swimming pools now existing or hereafter constructed or installed within the City which are now located two hundred feet (200') or less from any property line of the lot or plot upon which the same is situated, shall be enclosed by a substantial fence not less than live feet (S') in height which shall also be in accordance with the provisions relating to fences under the relevant sections of the Ce111prehe11si, e le11i11g 9'ai111111ee Unjfied Development Code Said fence shall be so constructed as to prevent, within reason, any person from gaining access beneath, over or through said fence and which shall have similarly substantial gates or doors of the same height as the fence, with facilities for locking said gates or doors at all times when the pool is unguarded, unattended or not in actual use . No provision contained within this section however shall be applicable where a private residential swimming p90l now existing or hereafter constructed is located on a plot not less than two hundred feet ( 200') from the front property line , and where there is present on the side and rear property lines walls or fencing the height of which shall conform with the provisions relating to fences under the relevant sections of the Ce111p,ehe11si 11 le11i11g QNliwee Unified Pevelqpment Code and which shall be constructed 10 prevent, within reason, any person from pining access beneath, over or through said fencing . Section 7. The City Council of the City of Enalewood. Colorado, hereby amends Title 9, Chapter S, Section 2 -Mobile Ho-Paris, of Eng1ewood Municipal Code 2000 10 read as follow s : .3. ' ·' • • - • 9-5-2: Mobile Homes Restricted In City. 8 . Use of Mobile Home . It shall be unlawful for any person to maintain any mobile home upon any private or public property in the City, when the same is used for living purposes, unless the property is registered as a mobile home park . It shall be unlawful for any person to store any mobile home in any required front or side yard as specified by the :ie11iftg QrdiMnee Unjficd Development Code . Scctjon 8 The City Council of the City of Englewood, Colorado, hereby amends Title 9 , Chapter S, Section 14 -Mobile Home Par/cs· Alterations and Additions, of Englewood Municipal Code 2000 to read as follows : 9-5-14 : Alterations and Additions. A . Conformity. No alterations or additions shall be made to or within any mobile home park unless in conformity to this Chapter. In the event an increase in gross land area is necessary for compliance with this Chapter, the Board of Adjustment and Appeals shall determine the amount of additional area required in accordance with the applicable provisions of the ~ QN1i11111ee Unified Pcvelopmcnt Code . Section 9. The City Council of the City of Englewood, Colorado, hereby amends Title IS, Chapter S, Section 7(8)(6) -Criteria/or Vested Rights, of Englewood Municipal Code 2000 to read as follows: 15-5-7 : Criteria for Vested Rl&bts. 8 . In evaluating whether an applicant (occupant, owner, developer or the successor in interest of the three) has met the requirements as set forth in (a) above, the Hearing Officer shall consider and give weight to the following factual matters : I. The total investment made in the project/property, including all costs incurred subsequent to the act of the Citx relied upon by the applicant, which costs may include, without limitation, the costs of land acquisition, architectural and engineering fees and costs of on-site infrastructure improvements to service the project ; 2 . Any dedication of property made to public entities in accordance with the approved overall development plan for the project or the approved preliminary plan or plat for the project; 3 . Whether infrastructure improvements which have been installed have been sized to accommodate uses approved in the approved overall development plan or the approved preliminary plan or plat for the project; 4 . The acreage of the approved overall development plan or the approved preliminary plan or plat for the project and the number of phases within the overall development plan or the preliminary plat or plan and their respective acreage's which have received final approval ; -4 - ' • • 5. Whether the completion of the project hu been timely and diligently punued;and 6. The effect of the applicant's existing development loans on the application of the 8e1leweed ~e111p,ehe1111i,.., ilie11ie1 9rdiemee Unified Development ~ to the project. Section 10. Safetv Cl11•s,. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 11 Sevqabjljty. If any clause, sentence, parqraph, or part of this Ordinance or the application thereof to any penon or circwmtances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 12. Inconsistent Ordinyces, All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 13. Effect of repeal or modificatiop The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or chanac in whole or in part any peaalty, forfeiture, or liability,.either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedinp, and prosecutions for the enforcement of the peaalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, deer=, or order which can or may be rendered, entered, or made in such actions, suits, proceedinp, or proaecutiom. Section 14 . .leolllx. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 15th day of December, 2003 . Published as ,a Bill for an Ordinance on the 19th day of December, 2003 . ATTEST: Loucrishia A. Ellis , City Cleric -5- 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 OD first reading OD the 15th day of December, 2003. Loucrishia A . Ellis -6- BY AUTHORITY COUNCIL BILL NO. 92 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN EMERGENCY ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO, ACTING BY AND THROUGH ITS GOLF COURSE ENTERPRISE, AUTHORIZING THE ISSUANCE OF GOLF COURSE ENTERPRISE REVENUE REFUNDING BONDS, SERIES 2003, FOR THE PURPOSE OF REFUNDING THE CITY'S GOLF COURSE ENTERPRISE REVENUE BONDS, SERIES 1994; ESTABLISHING AN ESCROW ACCOUNT FOR SUCH REFUNDING AND PAYING THE COSTS THEREOF; PRESCRIBING THE FORM OF THE BONDS; PROVIDING FOR THE PAYMENT OF THE BONDS FROM THE OPERATION OF THE GOLF COURSE FACILITIES; AND PROVIDING OTHER DETAILS AND APPROVING DOCUMENTS IN CONNECTION WITH THE BONDS. WHEREAS, the City of Englewood, Colorado is a municipal corporation duly organized and operating as a home rule city under Article XX of the Constitution of the State of Colorado and the Charter of the City (unless otherwise indicated, capitalized terms used in this preamble shall have the meanings set forth in Section I of this Ordinance); and WHEREAS, the City has heretofore established, operated and maintained, through its Golf Course Enterprise, the Englewood Municipal Golf Course; and WHEREAS, the Golf Counc Enterprise, initially established purauant to Ordinance No. S7, Series of 1993 of the City, constitutes a government owned buaineu which is aulbori7.ecl to issue its own revenue bonds and which receives under 10% of annual revenue in panta from all Colorado state and local governments combined, and it is hereby determined that th~ Golf Coune Enterprise is an enterprise within the meaning of Article X, Section 20 of the Colorado Constitution; and WHEREAS, City, acting by and throuab its Golf Coune Enterprise, bu duly aulhorized, sold, issued and delivered its Golf Course Revenue Bonds, Series 1994 in the oriamaJ principal amount of $4,045,000, of which $2,830,000 in aggregate principal amount is currendy O'lhtllndina; and WHEREAS, the Series 1994 Bonds are subject to prior redemption on December l, 2004, and on any interest payment date thereafter, at a price of par plus IIC(;[Ued interat to the dale of redemption; and WHEREAS, the principal of and interest on the Series 1994 Bonds are payable at J .P . Morgan Trust Company, National Association, as paying agent; and WHEREAS, pursuant to Section 106 of the City Charter, the City may issue refunding bonds by ordinance, without an election, for the purpose of paying outstandin& bonds of tbe City; and WHEREAS, George K. Baum & Company bu praented a propoul to tbe City to advance refund the Series 1994 Bonds tbrouab the issuance of Golf Counc Enterprise Revenue lklnda, Series 2003, and the Council hB3 determined that the negotiated sale of the Bonds to said company is to the best advantage of the City; and WHEREAS, the net proceeds derived from the sale of the Bonda shall be placed in the special fund and tru t account herein authorized, for the purpose only of payina the Refunded Bonds 11 bi t .. . . • • Requirements as the same become due and payable to and including the Redemption Date, all as is more particularly hereinafter set forth; and WHEREAS, the Series 1994 Bonds will be defcascd upon the issuance of the Bonds and, on the date of issuance of the Bonds, no other bonds or financial obligatio11S will have a first lien on the Net Revenue of the Golf Course Facilities; and WHEREAS, the Council desires to authorize the issuance and sale of the Bonds and, as provided in Title 11, Article 57, Part 2, C.R.S., delegate the authority to the Sale Delegate to determine the Dated Date, interest rates and annual maturities for the Bonds, as well as the dates on which the Bonds may be redeemed and the existence of any capitalized interest, in accordance with the provisions of this Ordinance; therefore NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Deftnldon,. As used herein, the following capitalized terms shall have the respective meanings set forth below, unless the context indicates otherwise. "Acts" means the Charter; and Title 11, Article 57, Part 2, C.R.S. "Ban>!' means The Bank of Cherry Creek, a branch of Western National Bank. "Beneficial Owner" means any person for which a Participant acquires an interest in the Bonds. "Bond Acc01111t" means the "Golf Coune Enterprise 2003 Bond Account," established by the provisions hereof for the purpose of paying the principal of, premium if any, and interest on the Bonds, including the In~ Subaccount and the Principal SubaccounL "Bond Counsel" means (a) as of the date of issuance of the Bonds, Kutak Rock LLP, and (b) as of any other date, Kutak Rock. LLP or such other attorneys selected by the City with nationally recogni7.ed expertise in the issuance of municipal bonds. "Bond Purchase Agreement" means the agreement between the City and the Purchaser concerning the purchase of the Bonds by the Purchaser and the delivery of the Bonds by the City, "Bond Registrar" means the Bank., or its successor, which shall perform the function of registrar with respect to the Bonds. "Bonds" means the Golf Course Enterprise Revenue Refunding Bonds, Series 2003, authorized by this Ordinance. "Business Day" means any day other than (a) a Saturday or Sunday or (b) a day on which banking institutions in the State are authorized or obligated by law or executive order to be closed for business. "Capital Improvements" means the acquisition ofland, easements, facilities and equipment (other than ordinary repairs and replacements), and the construction or reconstruction of improvements, betterments and extensions, for use by or in connection with the Golf Coune Facilities which, under Generally Accepted Accounting Principles for governmental units as prescribed by the Governmental Account Standards Board, are properly chargeable as capital itam. 2 . .,. . ' • • "Cede" means Cede & Co., the nominee of OTC as record owner of the Bonds, or any successor nominee of OTC with respect to the Bonds. "Certified Public Accountant" means an independent certified public accountant within the meaning of§ 12-2-l I S, C.R.S., and any amendment thereto, licensed to practice in the State of Colorado. "Charter" means the home rule Charter of the City. "City" means the City of Englewood, Colorado, acting by and through its GolfCoune Enterprise. "Code" means the Internal Revenue Code of 1986, as amended. "Combined Maximum Annual Principal and Interest Requirements" means, with respect to the Bonds or an issue of Parity Lien Bonds for which such term is used, an amount equal to the maximum amount required to be paid in any single current or future calendar year as the principal of (including any mandatory sinking fund requirements) and interest on Outstanding Bonds or Parity Lien Bonds, respectively, excluding any such bonds which have been defeased pursuant to the terms of the authorizing documents. For purposes of calculating the Combined Maximum Annual Principal and Interest Requirements in any calendar year of final maturity of the Bonds or an issue of Parity Lien Bonds, respectively, there shall be subtracted from the final principal payment for said bonds any cash or the present value of any investments deposited in a reserve fund or IICCOUDt established pursuant to the authorizing documents which an: properly allocable to said bonds. For purposes of calculating the Combined Maxim!.IJJl Annual Principal and Interest Requirements for any issue of securities bearing a variable, adjustable or other similar rate which is not fixed for the entire term thereof, it shall be assumed that any such securities Outstanding at the time of computation will bear interest during any period, if the interest rate for such period has not been determined, at a fixed rate equal to the highest rate borne during the preceding 36-month period or, if the securities have not been outstanding for a 36-month period, two- hundred basis points above the rate borne by said aec:urities on their date of issuance. "Continuing Disclosure Undertaking" means the Continuing Disclosure Undertaking of the City executed and delivered by the City i11-connection with the issuance of the Bonds to facilitate compliance with Securities and Exchange Commission Rule 15c2-12 (17 C.F.R. § 240.15c2-12). "Consulting Engineer" means any qualified, registered or licensed professional engineer practicing under the laws of the State of Colorado, who is independent in fact and not an officer or employee of the City. "Councif' means the City Council of the City acting as the governing body of the Golf Course En te rpri se. "C.R.S." means the Colorado Revised Statutes, as unend'ed and supplemented as of the date hereof. "Dated Date" means the dated date for the Bonds as cstablisbed in the Sale Certificate. "Defea sance Securities" n neans bills, certificates of indebtedness, notea, bonda or similu securities which are direct non callable obligatioaa of the United States of America or wbicb are fully and un conditiona lly guaranteed as to the timely payment of principal and interest by the United States of Am erica. 3 <· t .. • .... • • -· "Depository" means any securities depository as the City may provide and appoint, in accordance with the guidelines of the Securities and Exchange Commission, which shall act as securities depository for the Bonds. "DTC' means the Depository Trust Company, New York, New York, and its successors and assigns. "DTC Letter of Representations" means the DTC Letter of Representations from the City to OTC, dated December 29, 1998, to induce DTC to accept securities of the City as eligible for deposit at OTC. "Event of Defaulf' means any one or more of the events set forth in the Section hereof entitled "Events of Default." "Escrow Accounf' means the account established for payment of the Refunded Bonds pursuant to the Escrow Agreement. "Escrow Agenf' means J.P. Morgan Trust Company, National Association, or its successor, which shall perform the function of escrow agent under the Escrow Agreement. "Escrow Agreement" means the Escrow Agreement between the City and J .P. Morgan Trust Company, National Association relating to the administration of the Escrow Account. "Federal Securities" means direct obligations of (including obligations issued or held in book- entry form on the books of), or obligations the principal of and interest on which are guaranteed by, the United States of America. "Fiscal Year" means the 12 months commencing January I of any year and ending December 31 of said year. "Golf Course Enterprise" means the Golf Course Enterprise as established by City Ordinance No. 57, Series of 1993, as said ordinance may be amended from time to time. "Golf Course Enterprise Fund" means the Golf Course Revenue Fund of the City which accounts for the financial activity of the Golf Course Enterprise Fund. "Golf Course Facilities" means all of the City's Golf Course Facilities including without limitation interests in real and personal property now owned or hereafter acquired whether situa~ within or without the City boundaries and all present or future improvements, extensions, enlargements, betterments, replacements and additions thereto. "Gross Revenue" means all income and revenues directly or indirectly derived by the City from the operation and use of the Golf Course Enterprise, including without limitation, any rates, fees and charges for the services furnished by, or the use of, the Golf Course Enterprise, and all income attributable to any past or future dispositions of property or rights or related contracts, settlements or judgments held or obtained in coMection with the Golf Course Enterprise or its operations, and including investment income accruing from moneys held to the credit of the Golf Course Enterprise Fund; provided however, that there shall be excluded from Gross Revenue any moneys borrowed and used for providing Capital Improvements; any money and securities, and investment income therefrom, in any refundina fund, escrow account or similar account pledged to the payment of any bonds or other obliptions; and any moneys received as grants or appropriations from the United States, the State of Colorado or other sources, the use of which is limited or restricted by the grantor or donor to the provision of Capital 4 ' • • Improvements or for other purposes resulting in the general unavailability thereof, except to the extent any such moneys shall be received as payments for the use of the Golf Course Facilities, services rendered thereby, the availability of any such service or the disposal of any commodities therefrom. "Interest Payment Date" means the interest payment dates set forth in the Sale Certificate. "Interest Subaccount'' means a subaccount of the Bond Account reaffirmed by the provisions hereof for the purpose of paying the interest on the Bonds. "Municipal Code" means the City of Englewood Municipal Code, as amended. "Net Revenue" means the Gross Revenue after deducting the Operation and Maintenance Expenses. "Official Statemenr means the final version of the Preliminary Official Statement "Operation and Maintenance Expenses" means all reasonable and necessary current expenses of the City, paid or accrued, for operating, maintaining and repairing the Golf Course Facilities, including without limitation legal and overhead expenses of the City directly related to the administration of the Golf Course Enterprise, insurance premiums, audits, charges of depository banks and paying agents, professional services, salaries and administrative expenses, labor and the cost of materials and supplies for current operation; provided however, that there shall be excluded from Operation and Maintenance Expenses any allowance for depreciation, payments in lieu of taxes or franchise fees, legal liabilities not based on contract, expenses incurred in connection with Capital Improvements, payments due in connection with any bonds or other obligations, and charges for the accumulation of reserves. "Ordinance" means this ordinance which authorius the iuuance of the Bonds, including any amendments properly made hereto. "Outstanding" means, as of any date, all Bonds ,and Parity Lien Bonds, except the following: (a) any Bond cancelled by the City or the Paying Agent, or otherwise on the City's behalf, at or before such date; (b) any Bond held by or on behalf of the City; (c) any Bond for the payment or the redemption of which moneys or Defeasance Securities sufficient to meet all of the payment requirements of the principal of, interest on, and any premium due in connection with the redemption of such Bond to the date of maturity or any redemption date thereof, shall have theretofore been deposited in trust for such purpose in accordance with the section hereof entitled "Defeasing;" and (d) any lost, apparently destroyed, or wrongfully taken Bond in lieu of or in substitution for which another bond or other security shall have been executed and delivered. "Owner'' means the registered owner of any Bond, as shown by the registration boob maintained by the Bond Registrar. "Parity Lien Bonds" means one or more series of additional bonds, notes, interim securities or other obli gations issued by the City pursuant to the Section hueof entitled "Additional Bonds," having a lien on the Net Revenue which is on a parity with the lien of the Bonds. "Parity Reserve AmoUllr means, as of any date on which it is calculated with rcspoc:t to any issue of Parity Lien Bonds, the least of (a) 10% of the principal amount of said Parity Lien Bonds, (b) the maximum annual debt service in any calendar year OD said Paritr Lien Bonda or (c) 125% of the average annual debt service on said Parity Lien Bonds ; provided, however, that the Parity Reserve Amount may be reduced if, in the opinion of Bond Counsel, the fundin& or maintenance of it II the level otherwise s t .. • • -· • determined pursuant to this definition will cause the reserve account for such Parity Lien Bonds to exceed the amount permitted by the Code to be invested in higher yielding investments as a reasonably required reserve amount and replacement fund . "Participants" means any broker dealer, bank or other financial institution from time to time for which OTC or another Depository holds the Bonds. "Paying Agent" means the Bank, or its successor, which shall perform the function of paying agent with respect to the Bonds. "Paying Agent and Registrar Agreement" means the agreement dated as of the Dated Date, between the City and the Paying Agent/Bond Registrar, concerning the registration, transfer, exchange and payment of the Bonds. "Permitted Investments" means any lawful investment permitted for the investment of funds of the City by the Charter and the laws of the State. "Person" means a corporation, firm, other body corporate, partnership, association or individual and also includes an executor, administrator, trustee, receiver or other representative appointed according to law. "Preliminary Official Statemenr means the Preliminary Official Statement concerning the Bonds and the City used in connection with the marketing of the Bonds. "Principal Payment Date" means any maturity date for a Bond, as set forth in the Sale Certificate. "Principal Subaccount" means a subaccount of the Bond Account reaffirmed by the provisions hereof for the purpose of paying the principal of and premium, if any, on the Bonds. "Projecf' means the capital improvements financed with the proceeds of the Refunded Bonds. "Pro Raia Portion" means when used with respect to a required credit to the Principal Subaccount or the Interest Subaccount, the dollar amount derived by dividing the amount of principal or interest to come due on the next Principal Payment Date or Interest Payment Date by the number of monthly credits required to be made prior to such payment date. "Purchaser" m~ans George K . Baum & Company, the original purchaser of the Bonds. "Rating Agency" means Fitch IBCA ., Moody's Investors Service, Inc. or Standard & Poor's Ratings Services, a Division of The McGraw-Hill Companies, Inc. "Record Date" means either (a) the fifteenth day of the calendar month next preceding each Interest Payment Date, if such date is the first day of the month or (b) the tint day of the calendar month if the Interest Payment date is the fifteenth day of the month. "Redemption Date" means December I, 2004 . "Refunded Bonds" or "Series 1994 Bonds" means the Golf Course Revenue Bonds, Series 1994, as a uthorized by the Refunded Bonds Ordinance. "Refu nded Bonds Ordinan ce" means the City's Ordinance No . 7, Series 1994 . 6 ' , . • • -·· "Refunded Bond Requirements" means the sum of (a) all of the principal then outstanding on the Refunded Bonds on the Redemption Date and (b) all unpaid interest accrued on the Refunded Bonds to the Redemption Date. "Refunding Project" means the advance refunding of the Refunded Bonds and other purposes for which the proceeds of the Bonds may be expended under the Acts, including, but not limited to, making deposits to the Escrow Account and the Bond Account pursuant to the Section hereof entitled "Initial Credit of Bond Proceeds" and paying the costs of issuance of the Bonds .. "Required Reserve Amount' means, as of any date on which it is calculated, the least of (a) JO% of the principal amount of the Outstanding Bonds, (b) the maximum annual debt service in any calendar year on the Outstanding Bonds or (c) 125% of the average annual debt service on the Outstanding Bonds; provided, however, that the Required Reserve Amount may be reduced if, in the opinion of Bond Counsel, the funding or maintenance of it at the level otherwise determined pursuant to this definition will cause the Reserve Account to exceed the amount permitted by the Code to be invested in higher yielding investments as a reasonably required reserve amount and replacement fund. "Reserve Account' means a special account of the City designated as the "Golf Course Enterprise 2003 Bond Reserve Account," created by this Ordinance for the purpose of paying, if necessary, the principal of, premium if any, and interest on the Bonds. "Reserve Account Contract' means a surety bond, insurance policy, letter of credit, investment agreement, investment contract or similar instrument. "Sale Certificate" means the certificate executed by the Sale Delegate under the authority delegated pursuant to this Ordinance, including but not limited to the Sections hereof entitled "Bond Details," "Prior Redemption" and "Authorization to Execute Documents" which set forth, among other things, the Interest Payment Dates, the Principal Payment Dates, mandatory sinking fund payment dates, the prices at which the Bonds will be sold, the ~ated Date, the fmt interest payment date for the Bonds, the Redemption Date, and the interest rates and annual maturing principal for the Bonds, as well as the dates on which the Bonds may be redeemed and the redemption i))rices therefore, and the authority to execute the Bond Purchase Agreement. "Sale Delegate" means the Director ofFinancial Services of the City or the City Manager. "Special Record Date" means the record date for determining Bond ownership for purposes of paying defaulted interest, as such date may be determined pursuant to this Ordinance. "State" means the State of Colorado. "Subordinate Lien Bonds" means one or more series of additional bonds, notes, interim securities or other obligations issued by the City pursuant to the Section hereof entitled "Additional Bonds," having a lien on the Net Revenue which is subordinate or junior to the lien of the Bonds. "Tax Compliance Certificate" means the Tax Compliance Certificate, dated the date on which the Bonds are originally issued and delivered to the City by B>.>nd Counsel, as such instructions may be superseded or amended in accordance with thein terms. Section 2. Autborlzatloa . In accordance with the Constitution of the State; the Acts; and all other laws of the State thereunto enabling. there shall be issued by the City, actina by and throu&h its Golf Course Enterprise, the "Golf Course Enterprise Revenue Refundina Bonds, Series 2003," in the agrepte 7 t • • principal amount of not to exceed $3,000,000, for the purpose of paying the costs of the Refunding Project. The accomplishment of the Refunding Project is hereby authorized, approved and ordered and it is hereby determined that the Bonds mature at such time not exceeding the estimated life of the Project. Secdon 3. Bond Details. (a) Registered For111, Deno111in11tions, Orlginol Doted DIIU 11nd N11111bering . The Bonds shall be issued as fully registered bonds, shall be dated as of the Dated Date, and shall be registered in the names of the Persons identified in the registration books maintained by the Paying Agent pursuant hereto. The Bonds shall be issued in denominations of $5,000 in principal amount or any integral multiple thereof. The Bonds shall be consecutively numbered, beginning with the number one, preceded by the letter "R." (b) M""'rity Dllles, Prlnciplll A111011na ond lnurest Rlltes . The Bonds shall mature on the dates and in the principal amounts, and shall bear interest at the rates per annum (calculated based on a 360-day year of twelve 30-day months) set forth in the Sale Certificate; provided, however, that the final maturity of the Bonds shall be no later than December 31, 2024. The Council hereby delegates to the Sale Delegate the authority to determine the Dated Date, the price at which the Bonds will be sold, the amount of principal of the Bonds maturing in any particular year and the rate of interest on the Bonds; however, the interest rate of the Bonds must be lower than the rate for the Refunded Bonds. ( c) Accrual ond Dllles of Poy111ent of Interest. Interest on the Bonds shall accrue at the rates set forth in the Sale Certificate, from the later of the Dated Date or the latest Interest Payment Date ( or in the case of defaulted interest, the latest date) to which interest has been paid in full and shall be payable on each Interest Payment Date. (d) Manner on4 Fon,, of Pq•ent. Principal of each Bond shall be payable to the Owner thereof upon presentation and surrender of such Bond at the principal office of the Paying Agent in the city identified in the definition of Paying Agent in the Section hereof entitled "Definitions" or at such other office of the Paying Agent designated by the Paying Agent for such purpose. Interest on each Bond shall be payable by check or draft of the Paying Agent mailed on each Interest Payment Date to the Owner thereof as of the close of business on the corresponding Record Date; provided however, any such interest not so timely paid or duly provided for shall cease to be payable to the person who is the Owner thereof at the close of business on the Record Date and shall be payable to the person who is the Owner thereof at the close of business on a Special Record Date for the payment of any such defaulted interest . Notice of the Special Record Date shall be given to the Owners of the Bonds not less than ten days prior thereto, by first-class mail t o each such Owner, as shown on the registration books kept by the Registrar, on a date selected by the Paying Agent, stating the date of the Special Record Date and the date fixed for the pay ment of such defaulted interest. Interest payable to any Owner as provided in this paragraph may be paid by any other means agreed to by such Owner and the Paying Agent that does not require the City to make moneys available to the Paying Agent earlier than otherwise required hereunder or increase the costs borne by the City hereunder. All payments of the princ ipal of and interest on the Bonds shall be made in lawful money of the United States of Ameri ca . (e) Book-Entry Re1istr•tio11 . Notwithstanding any other provision hereof, the Bo nds sha ll be delivered only in book-entry form re1i1tered in the name of Cede & Co., as nominee o f OTC, ac ting as securities depository of the Bonds and principal of and interest on the Bonds hall be paid by wire transfer to OTC; provided, however, if at any time the Payina Agent 8 ' .. • • •• • determines, and notifies the City of its determination, that OTC is no longer able to act as, or is no longer satisfactorily performing its duties as, securities depository for the Bonds, the Paying Agent may, at its discretion, either (i) designate a substitute securities depository for OTC and reregister the Bonds as directed by such substitute securities depository or (ii) terminate the book- entry registration system and reregister the Bonds in the names of the beneficial ownen thereof provided to it by OTC . Neither the City nor the Paying Agent shall have any liability to OTC, Cede & Co., any substitute securities depository, any Person in whose name the Bonds arc reregistered at the direction of any substitute securities depository, any beneficial owner of the Bonds or any other Pen.on for (A) any determination made by the Paying Agent pursuant to the proviso at the end of the immedintcly preceding sentence or (B) any action taken to implement such determination and the procedures related thereto that is taken pursuant to any direction of or in reliance on any information provided by OTC, Cede & Co., any substitute securities depository or any Person in whose name the Bonds are reregistered. Secdon 4. Prior Redemption. (a) Optlonol Retkmption . The Bonds shall be subject to redemption at the option of the City, in whole or in part, and if in part in such order of maturities as the City shall determine and by lot within a maturity on such dates as set forth in the Sale Certificate. The Council hereby delegates to the Sale Delegate the authority to determine the dates on which the Bonds shall be subject to opti nal redemption and the redemption price or prices at which such redemption may be made. (b) MGndGtory Sinking Fund Rede•ptlon. All or any principal amount of the Bonds may be subject to mandatory sinking fund redemption by lot on the dates and in the principal amounts specified in the Sale Certificate, at a redemption price equal to the principal amount thereof (with no redemption premium), plus accrued interest to the redemption date. The Council hereby delegates to the Sale Delegate the authority to dctcrminc the principal amounts and dates on which the Bonds shall be subject to mandatory sinking fund redemption. At its option, to be exercised on or before the forty fifth day next preceding each sinking fund redemption date, the City may (i) deliver to the Paying Agent for cancellation of any Bonds with the same maturity date as the Bonds subject to such sinking fund redemption and (ii) receive a credit in respect of its sinking fund redemption obligation for any Bonds with the same maturity date as the Bonds subject to such sinking fund redemption which prior to such date have been redeemed (otherwise than through the operation of the sinking fund) and cancelled by the Paying Agent and not theretofore applied as a credit against any sinking fund redemption obligation. Each Bond so delivered or previously redeemed shall be credited by the Paying Agent at the principal amount thereof to the obligation of the City on such sinking fund redemption date, and the principal amount of Bonds to be redeemed by operation of such sinking fund on such date shall be accordingly reduced. ( c) Redemption Proctdura. If less than all of the Bonds within a maturity are to be redeemed on any prior redemption date, the Bonds to be rcdcemcd shall be selected by l'lt prior to the date fixed for redemption, in such manner as the Bond Registrar shall determine. The Bonda shall be redeemed only in integral multiples of SS,000. In the event a Bond is of a denomination larger than $5,000, a ponion of such Bond may be redccmcd, but only in the principal amount of $5 ,000 or any integral multiple thereof. Such Bond shall be treated for the purpose of redemption as that number of Bonds which results from dividing the principal amount of such Bond by $5 ,000. In the event a portion of any Bond is rcdccmcd, the Bood Repstnr shall, without charae to the Owner of such Bond, authenticate and deliver a replacement Bond or Bonds for th e unredeemed portion thereof. 9 ' ... .. • • (d) Redemption Notice. Notice of any redemption of Bonds shall be given by the Paying Agent in the name of the City by sending a copy of such notice by first class, postage prepaid mail, not less than 30 days prior to the redemption date, to the Owner of each Bond being redeemed. Such notice shall specify the number or numbers of the Bonds so to be redeemed (if redemption shall be in part) and the redemption date . If any Bond shall have been duly called for redemption and if, on or before the redemption date, there shall have been deposited with the Paying Agent in accordance with this Ordinance funds sufficient to pay the redemption price of such Bond on the redemption date, then such Bond shall become due and payable at such redemption date, and from and after such date interest will cease to accrue thereon. Failure to deliver any redemption notice or any defect in any redemption notice shall not affect the validity of the proceeding for the redemption of Bonds with respect to which such failure or defect did not occur. Any Bond redeemed prior to its maturity by prior redemption or otherwise shall not be reissued and shall be cancelled. Section 5. Form of Bonda. The Bonds shall be in substantially the form set forth in Appendix A hereto with such changes thereto; not inconsistent herewith, u may be necessary or desirable and approved by the officials of the City executing the same (whose manual or facsimile signatures thereon shall constitute conclusive evidence of such approval). All covenants, statements, representations and agreements contained in the Bonds are hereby approved and adopted u the covenants, statements, representations and agreements of the City. Although attached u and appendix for the convenience of the reader, Appendix A is an integral part of this Ordinance and is incorporated herein as if set forth in full in the body of this Ordinance. Section 6. Esecutlon, Authentication and DeUvery of Bonda. (a) Exec11tlon. The Bonds shall be executed in the name and on behalf of the City with the manual or facsimile signature of the Mayor, shall bear a manual or facsimile of the seal of the City and shall be attested by the manual or facsimile signature of the City Clerk both of whom are hereby authorized and directed to prepare and execute the Bonds in accordance with the requirements hereof. Should any officer whose manual or facsimile signature appears on the Bonds cease to be such officer before delivery of any Bond, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes. (b) A11tl,enticatlon. When the Bonds have been duly executed, the officers of the City are authorized to, and shall, deliver the Bonds to the Paying Agent for authentication. No Bond shall be secured by or entitled to the benefit of this Ordinance, or shall be valid or obligatory for any purpose, unless the certificate •of authentication of the Paying Agent hu been manually executed by an, authorized signatory of the Paying Agent. The executed certificate of authentication of the Paying Agent upon any Bond shall be conclusive evidence, and the only competent evidence, that such Bond has been properly authenticated hereunder. ( c) Delivery. Upon the authentication of the Bonds, the Paying Agent shall deliver the same in accordance with the provisions of the OTC Letter of Representations and other procedures established with the consent of OTC and the Paying Agent. Upon receipt of the agreed purchase price of the Bonds in accordance with the Bond Purchue Agreement and iss uance of the approving opinion of Bond Counsel , the Bonds shall be released by OTC and the Paying Agent for credit to the Participants and the Beneficial Owners. 10 ' . .· • • - 0 Secdon 7. Reafstratlon, Exchange and Tnn1fer of Bonds; Persons Treated u Ownen. (a) Reglstr11tio11. The Paying Agent shall maintain registration books in which the ownership, transfer and exchange of Bonds shall be recorded. The person in whose name any Bond shall be registered on such registration books shall be deemed to be the absolute owner thereof for all purposes and neither the City nor the Paying Agent shall be affected by any notice or other infonnation to the contrary. (b) Tr1111sfer 11114 Excll1111ge . The Bonds may be transferred or exchanged, at the principal office of the Paying Agent at the location identified in the definition of Paying Agent in the section hereof entitled "Definitions," for a like aggregate principal amount of Bonds of other authorized denominations of the same maturity and interest rate, upon payment by the transferee of a transfer fee, any tax or governmental charge required to be paid with respect to such transfer or exchange and any cost of printing bonds in connection therewith. Upon surrender for transfer of any Bond, duly endorsed for transfer or accompanied by an assignment duly executed by the Owner or his or her attorney duly authorized in writing, the City shall execute and the Paying Agent shall authenticate and deliver in the name of the transferee a new Bond. (c) Lllflit11tians 01t Tr1111sfn . The City and Paying Agent shall not be required to issue or transfer any Bonds: (i) during a period beginning at the close of business on the Record Date and ending at the opening of business on the first Business Day following the ensuing interest payment date, or (ii) during the period beginning at the opening of business on a date 45 days prior to the date of any redemption of Bonds and ending at the opening of business on the first Business Day following the day on which the applicable notice of redemption is mailed. The Paying Agent shall not be required to transfer any Bonds selected or called for redemption. Section 8. Replacement of Lost, Destroyed or Stolen Bondi. If any Bond shall become lost, apparently destroyed, stolen or wrongfully taken, it may be replaced in the form and tenor of the lost, destroyed, stolen or taken bond and the City shall execute and the Paying Agent shall authenticate and deliver a replacement Bond upon the Owner furnishing, to the satisfaction of the Paying Agent: (a) prqof of ownership (which shall be shown by the registration boob of the Paying Agent), (b) proof of loss, destruction or theft, (c) an indemnity to the City and the Paying Agent with respect to the Bond lost, destroyed or taken, and ( d) payment of the cost of preparing and executing the new bond or bonds. Section 9. Ta:1 Covenants. For purposes of ensuring that the interest on the Bonds is and remains excluded from gross income for federal income tax purposes, the City hereby covenants and · d eclares that: (a) Prolllbited Actions . The City will not use or permit the use of any proceeds of the Bonds or any other funds of the City from whatever source derived, directly or indirectly, to a cquire any securities or obligations and shall not take or permit to be taken any other action or actions, which would cause any Bond to be an "arbitrage bond" within the meaning of S ection 148 of the Code, or would otherwise cause the interest on any Bond to be includible in gross income for federal income tax purposes . (b) AjJl,.,,,ali'H Actions . The City will at all times do and perform all acts permitted by law that are necessary in order to usure that interest paid by the City on the Bonds shall not be inc ludible in gross income for federal income tax purposes under the Code or any other valid provision of law. In partic ular, but without limitation, the City represents, warrants and covenants to comply with the following rules unless it receives an opinion of Bond Counsel 11 ... .. • • --- stating that such compliance is not necessary: (i) gross proceeds of the Bonds and the Project will not be used in a manner that will cause the Bonds to be considered "private activity bonds" within the meaning of the Code; (ii) the Bonds are not and will not become directly or indirectly "federally guaranteed"; and (iii) the City will timely file an Internal Revenue Service Form 8038- G with respect to the Bonds, which shall contain the information required to be tiled pursuant to Section 149( e) of the Code. (c) Tu Complionce Certijlc11te . The City will comply with the Tax Compliance Certificate delivered to it on the date of issuance of the Bonds, including but not limited by the provisions of the Tax Compliance Certificate regarding the application and investment of Bond proceeds, the use of the Project, the calculations, the deposits, the disbursements, the investments and the retention of records described in the Tax Compliance Certificate; provided that, in the event the Tax Compliance Certificate arc superseded or amended by new Tax Compliance Certificate drafted by, and accompanied by an opinion of, Bond Counsel stating that the use of the new Tax Compliance Certificate will not cause the interest on the Bonds to become includible in gross income for federal income tax purposes, the City will thereafter comply with the new Tax Compliance Certificate. (d) Dulgnlltlo11 of Bo,uh 111 <l•IIIIJlu Tu-Eu•pt Oblillltlou. The City hereby designates the Bonds as qualified tax-exempt obligations within the meaning of Section 265(b X3) of the Code. The City covenants that the aggregate face amount of all tax-exempt obligations issued by the City, together with governmental entities which derive their iuuing authority &om the City or are subject to substantial control by the City, shall not be more than $10,000,000 during calendar year 2003. The City recognizes that such tax-exempt obligations include notes, leases, loans and warrants, as well u bonds. The City further recopizea that any bank, thrift institution or other financial institution that owns the Bonds will rely on the City' 1 designation of the Bonds as qualified tax-exempt obligations for the purpolC of avoidin& the lou of 100% of any otherwise available interest deduction attributable to such institution's tax-exempt boldinp. Section 10. Creation of Fund and Accoaats. There is hereby reaffirmed the Golf Coune Enterprise Fund and there is hereby established the following accounts of the Go lf Coune Enterprise Fund, which shall be maintained by the City in accordance with the provisions of this Ordinance : (a) the Bond Account, within which there are established the Interest Subaccount and the Principal Subaccount; and (b) the Reserve Account. Section 11. Appllcadoo of Bond Proceeds; Fundla& or Elcrow AccoHt. (a) Appliclllio11 of B011II Procfla. Upon payment to the City of the purchase price of the Bonds in accordance with the Bond Purchase Agreement, the Bonds shall be delivered to or as directed by the Purchaser. The proceeds received by the City from the sale of the Bonds, following the cost of issuance of the Bonds, shall be applied u a supplemental appropriation by the C ity as follows : (i) to the Interest Subaccount, the accrued interest on the Bonds from the Dated Date to the date of issuance and capitalized inlerelt on the Bonda, if any ; (ii) to the Reserve Account the amount of tbe Reqwn,d Retcrve Amount; 12 t .. • • • --· • (J (iii) to the Escrow Account, proceeds of the Bonds which, when combined with other legally available moneys of the City , are sufficient to fund the .Escrow Account in accordance with the report of a Certified Public Accountant as required by the provisions hereof. (b) Additlo11ol F1111ding of E:scrow Acco1111t. On or before the date of delivery of the Bonds, the City shall deposit to the Escrow Account such other legally available moneys of the City as may be necessary to fully fund the Escrow Account as provided in subsection (a) of this Section and in the Section entitled "Call and Payment of Refunded Bonds." Section 12. Security for Payment of tbe Bonda; Flow of Funds. (a) Pledg• of Net Reve1111•. The Bonds shall constitute an incvocable and first lien upon the Net Revenue, but not necessarily an exclusive such lien. The Net Revenue is hereby pledged to the payment of the Bonds. (b) Flow of F1111a. The City shall credit to the Golf Course Enterprise Fund all Gross Revenue immediately upon receipt. The City shall pay from the Golf Course Enterprise Fund all Operation and Maintenance Expenses as they become due and payable. After such payment or the allocation of Gross Revenue to such payment, the City shall apply the Net Revenue in the following order of priority : FIRST, to the credit of the Interest Subaccount, the amounts required by the Section hereof entitled "Bond Account," and to the credit of any olher bond account or subaccount hereafter established for the payment of interest on Parity Lien Bonds issued in accordance with the Section hereof entitled "Additional Bonds"; SECOND, to the credit of the Principal Subaccount, the amounts required by the Section hereof entitled "Bond Account," and to the credit of any olher bond ICCOWlt or subaccount hereafter established for the payment of the principal of, and premium if any, on Parity Lien Bonds issued in accordance with the Section hereof entitled "Additional Bonds"; THIRD, to the credit of the Reserve Account, the amounts required by the Section hereof entitled "Reserve Account" and to the credit of any other account hereafter established as a reserve account for Parity Lien Bonds issued in accordance with the Section hereof entitled "Additional Bonds"; FOURTH, to the credit of any other fund or account hereafter established for the - payment of the princi pal of, premium if any, and interest on Subordinate Lien Bonds, including any sinking fund, reserve fund or similar fund or account established therefor, the amounts required by the ordinance or other enactment authorizing issuance of the Subordinate Lien Bonds; and FIFTH, to the credit of any other fund or account u may be dcaipated by the City, to be used for any lawful purpose, any moneys rcmainin& in the Golf Course Enterprise Fund after the payments and accumulations set forth in FIRST throup FOURTH hereof. (c) llo11b Do Ntll c • ...,,,,. • Ddt. All of the Bonds, toaetber with the interest thereon and any premium due in connection therewith, shall be payable only out of: (i) the Bond 13 t •111 .. • • • - • [J Account; or (ii) if necessary, the Reserve Account The Owners may not look to any general or other fund of the City for the payment of the principal of, premium if any, and interest on the Bonds, except the funds and accounts pledged thereto by this Ordinance, and the Bonds shall not constitute a debt or an indebtedness of the City within the meaning of any constitutional or statutory provision or limitation; nor shall they be considered or held to be general obligations of the City. Section 13. Bond Account. (a) Use of Moneys in Bond Account. Moneys in the Bond Account shall be used solely for the purpose of paying the principal of, premium if any, and interest on the Bonds. On or before the last day of the month preceding each Interest Payment Date, there shall be deposited with the Paying Agent an amount from the Interest Subaccount which is sufficient to pay the interest on the Bonds due on such Interest Payment Date. On or before the last day of the month preceding each Principal Payment Date, there shall be deposited with the Paying Agent an amount from the Principal Subaccount which is sufficient to pay the principal of and premium, if any, due on the Bonds on such Principal Payment Date. (b) Interest SulH,ccount . The Interest Subaccount shall be used to pay the interest on Bonds. Upon delivery of the Bonds, the City shall credit to the Interest Subaccount the amount required by the Section hereof entitled "Initial Credit of Bond Proceeds." On or before the last day of each month, commencing in the month next succeeding the date of issuance of the Bonds, the City shall credit to the Interest Subaccount, from the Net Revenue and any interest income to be credited to the Interest Subaccount pursuant to the terms hereof, an amount equal to the Pro Rata Portion of the interest to come due on the Bonds on the next succeeding Interest Payment Date. (c) Prl•clpd Sab•ccounl. The Principal Subaccount shall be used to pay the principal of and premium, if any, on the Bonds . On or before the lut day of each month, commencing in the month next succeeding the date of issuance of the Bonds, the City shall credit to the Principal Subaccount, from the Net Revenue and any interest income to be credited to the Principal Subaccount pursuant to the terms hereof, an amount equal to the Pro Rata Portion of the principal coming due on the Bonds on the next succeeding Principal Payment Date. Section 14. Reserve Account. (a) Use of Moneys ht Ruerw Account. Moneys in the Reserve n.1:count shall be used, if necessary, only to prevent a default in the paymeni of the principal of, premium if any, or int erest on the Bonds, and the Reserve Account is hereby pledged to the payment of the Bonds. In the event the amounts credited to the Bond Account are insufficient to pay the principal of, premium if any, or interest on Bonds when due, the City shall transfer from the Reserve Account to the appropriate subaccount or subaccounts of the Bond Account an amount which, when combined with moneys in the subaccount or subaccounts, will be sufficient to make such payments when due. (b) Fundin1 .,.,1 M11U1teuace o/ ltetlllm ltonN ..._,_ The City lhall, upon delivery of the Bonds, credit to the Reserve Account the amount required by the Section bcrcof entitled "Initial Credit of Bond Proceeds." The Reserve Account shall be maintained in the amount of the Required Reserve Amount until such time u the unount credited thereto, wbcn combined with moneys in the Bond Account, will be sufficient to pay the principal of, premium if any , and interest on all of the Bonds , at which time such moneys may be applied for such 14 ' .. • • purpose. If at any time the amount of the Reserve Account is less than the Required Reserve Amount, then the City shall deposit to the Reserve Account from the Net Revenue, amounts sufficient to bring the amount credited to the Reserve Account to the Required Reserve Amount. Such deposits shall be made as soon as possible after such use, but in accordance with and subject to the limitations of the Section hereof entitled "Security for Payment of Bonds; Flow of Funds." The Required Reserve Amount shall be funded and maintained by any one of or any combination of (i) cash; (ii) Permitted Investments; and (iii) a Reserve Account Contract which provides for payments when and as required for purposes of the Reserve Account and is issued by an obligor whose obligations such as the Reserve Account Contract are either (A) rated by a Rating Agency as investment grade or (B) if a rating has been obtained on the Bonds or any Parity Lien Bonds whose obligations are rated by each Rating Agency that then maintains a rating on the Bonds or any Parity Lien Bonds in a category (or comparable classification) equal to or higher than the category, if any, in which the Bonds or any Parity Lien Bonds are rated. A Reserve Account Contract shall satisfy the Required Reserve Amount by the amount payable to the City pursuant to such contract. (c) V11l11111ion ond Interest Income. Moneys credited to the Reserve Account may be invested or deposited in securities or obligations which are Permitted Investments; however, such investments shall be valued at fair market value and marked to market at least once per year. Additionally, the investment of moneys credited to the Reserve Account shall be subject to the covenants and provisions of the Section hereof entitled "Disposition and Investment of Proceeds; Tax Covenants." Except to the extent otherwise required by such Section, so long as the amount of the Reserve Account is equal to the Required Reserve Amount, all interest income from the investment or reinvestment of moneys credited to the Reserve Account shall be credited to the Interest Subaccount and/or the Principal Subaccount, as may be determined by the City; provided that if the amount of the Reserve Account is less than the Required Reserve Amount, then such interest income shall be credited to the Reserve Account. The amount on deposit to the Reserve Account shall never exceed the amount of the Required Reserve Amount. Secdon 15. Call and Payment ofRefaaded Bonds. (a) Mllintenonce of Escrow Acco1111L There is hereby established a special account designated as the "Golf Coune Revenue Bonds, Series 1994, Escrow Account," which shall be maintained in accordance with the provisions hereof and of the Escrow Agreement. The Escrow Account shall be maintained in an amount at the time of the initial deposits therein and at all times subsequently at least sufficient, together with the known minimum yield to be derived from the initial investment and any temporary reinvestment of the deposits therein or any part thereof in Federal Securities to pay the Refunded Bond Requirements. Except as may be otherwise provided in the Escrow Agreement, the City shall have no right or title to the moneys credited to or held in the Escrow Account, and such title shall be and is hereby transferred to the Escrow Agent in trust for the payment of the Refunded Bond Requirements. Moneys shall be withdrawn by the Escrow Agent from the Escrow Account in sufficient amounts and at such times to pennit the payment without default of the Refunded Bond Requirements. If for any reason the amount in the Escrow Account shall at any time be insufficient for the purpose hereof, the City shall fonhwith from the first moneys available therefor deposit in such account such additional moneys hall be necessary to permit the payment in full of the Ref'wlded Bond Requirements. (b) CIIII o/ lteft,11tlff Ilo111b.. The Council does hereby declare its intent to exercise 0 11 behalf of and in the name of the City its option to redeem on all of the Refunded Bonds OIi the IS .. ; I • ' ' • • -.. (J Redemption Date. The City hereby authorizes and irrevocably instructs the Escrow Agent to give or cause to be given a notice of refunding, defeasance and redemption of the Refunded Bonds. Section 16. Varlou1 Findings, Determinations, Declarations and Covenants. The Council, having been fully informed of and having considered all the pertinent facts and circumstances, hereby finds, determines, declares and covenants with the Owners of the Bonds that: (a) the City has entered into a OTC Letter of Representations which will govern the book -entry registration system for the Bonds; (b) it is in the best interest of the City and its residents that the Bonds be authorized, sold, issued and delivered at the time, in the manner and for the purposes provided in this Ordinance; (c) the City elects to apply the provisions of the Part 2 of Article 57 of Title 11, C .R .S., as amended; and (d) the issuance of the Bonds and all procedures undertaken incident thereto arc in full compliance and conformity with all applicable rcquirementl, provisions and limitations prescribed by the Constitution and laws of the State and the City, including the Charter, and all conditions and limitations of the Charter and other applicable law relating to the issuance of the Bonds have been satisfied. Section 17. Investments. Moneys deposited in the Bond Account and the Reserve Account, and any moneys held by the Paying Agent with respect to the Bonds, sba11 be invested in Permitted Investments, provided that the investment of such moneys shall be subject to any applicable reslric:tiODI set forth in the Tax Compliance Certificate and in the "Tax Compliance Certificale" or similar cenificalc delivered by the City in connection with the issuance of the Bonds that describes tbe City's expectabODI regarding the use and investment of proceeds of the Bonds and other moneys and the use of the Project. Unless otherwise provided herein, all interest income from the investment or reinvestment of moneys credited to any account or subaccount established herein shall remain in and become pan of such account or subaccount. Section 18. Maintenance of Rates and Conra1e. The City hereby covenants that it will establish, maintain, enforce and collect rates, fees and charges for services furnished by or the use of the Golf Course Facilities to create Gross Revenue each Fiscal Year sufficient to pay Operation and Maintenance Expenses and to create Net Revenue in an amount: (a) equal to not less than 135% of the amount necessary to pay when due the principal of and interest on the Bonds and any Parity Lien Bonds coming due during such Fiscal Year; and (b) to make up any deficiencies in the Reserve Account and any reserve account established for Parity Lien Bonds. In the event that the Gross Revenue at any time is not s ufficient to make such payments, the City shall increase such rates, fees and charges to an extent which will ensure the payments and accumulations required by this Ordinance . Section 19. Addltloaal Covenants and Aareemeats. The City hereby further irrevocably co venants and agrees with each and every Owner that so long u any oftbe Bonds remain OutstandiJI&: (a) Co•pettnt M1111111e•e11t . The City shall employ competent manaaement pers onnel for the Golf Course Fa.:ilitics and will continue to operate and manqe the Golf Course Facilities in an efficient and economical manner in accordance with all applicable laws, rules and regul ations. 16 ' ... .. .. •• • • C C (b) Molntenonce of Record$ ond Acco"na. The City shall keep proper books of record and accounts showing complete and correct entries of all transactions relating to the funds and accounts referred to herein and in such manner that the Gross Revenue and the Net Revenue may at all times be readily and accurately determined. (c) AU,motion of Property. The City will not sell or alienate any of the property constituting any part or all of the Golf Course Facilities in any manner or to any extent as might reduce the security provided for the payment of the Bonds, but the City may sell any portion of such property which shall have been replaced by other similar property of at least equal value, or which shall cease to be necessary for the efficient operation of the Golf Course Facilities; provided however, that the proceeds of any such sale of property shall be included as part of the Gross Revenue. (d) Payment for Use and Services. The City will promptly render bills for services furnished by or the use of the Golf Coune Facilities, shall use all legal means to assure prompt payment thereof, shall take such action as may be necessary to make delinquent rates, fees and charges of the GolfCoune Facilities a lien upon the real property served. So long as an Event of Default bas not occurred and is continuing hereunder, the City shall, in its discretion, be entitled to provide a reasonable level of complementary and free use of the Golf Course Facilities. (e) A"dlts. At least once a year in the time and manner provided by law, the City will cause an audit to be performed of the records relating to the revenues and expenditures of the Golf Course Facilities. Such audit may be made part of and included within the general audit of the City, and made at the same time as the general audit In addition, at least once a year in the time and manner provided by law, the City will cause a budget to be prepared and adopted. Copies of the budget and the audit will be filed and recorded in the places, time and manner provided by law. (t) lnsaro1tce. The City will carry such forma of insurance on insurable Golf Course Facilities property as would ordinarily be curled by utilities having similar properties of equal value, such insurance being in such amounts u will protect the Golf Course Facilities and its operation. In the event of any loss or damage to the Golf Course Facilities, or in the event part or all of the Golf Course Facilities is taken by the exercise of a power of eminent domain, the insurance proceeds or the condemnation award shall be used for restoring, replacing or repairing the property lost, damaged or taken, and the remainder thereof, if any, shall be considered u Gross Revenue; provided, however, that if the Council determines that the operation of the Golf Course Facilities and the security for the Bonds will not be adversely affected thereby, the Council may determine not to restore, replace or repair the property lost, damaged or taken and all of the insurance proceeds or condemnation award shall be considered as Gross Revenue. (g) S"rety B01ttls . Each City official or other person having custody of any funds derived from the operation of the Golf Course Facilities, oc responsible for the handling of such funds. shall be fully bonded at all times, which bond shall be conditioned upon the proper application of said funds . (h) ElllnJlri# St.tu. The City bu established, and coveDU1ts to continue to maintain, the Golf Course Facilities u an "enterprise" within the meanma of Article X, Section 20 of the Colorado Constitution; provided, however, after caleodar year 2003 tbe City may disqualify the Golf Course Facilities as an "enterprise" in any year in which said d1 qualification does not materially, advencly affect the enforceability of the covenants made pur uant to this Ordinance. In the event the Golf Course Facilities are disqualified u an 17 t .. • • • 0 . enterprise and the enforceability of the covenants made pursuant to this Ordinance are materially, adversely affected, the City covenants to immediately take all actions necessary to (i) qualify the Golf Course Facilities as an enterprise within the meaning of Article X, Section 20 of the Colorado Constitution and (ii) permit the enforcement of the covenants made herein. (i) Protection of Sec"rlty. The City, its officers, agents and employees, shall not take any action in such manner or to such extent as might prejudice the security for the payment of the principal of and interest on the Bonds and any other securities payable from the Net Revenue according to the terms thereof. No contract shall be entered into nor any other action taken by which the rights of the Owners might be prejudicially and materially impaired or diminished. Secdon 20. Additional Bonds . (a) No S"perior Lien Bonll,. No bonds, notes, interim securities or other obligations shall be issued payable from the Net Revenue and having a lien thereon which is superior to the lien of the Bonds. (b) Ptlrity Lkn Bonds. The City may issue Parity Lien Bonds if: (i) As of the date of issuance of the Parity Lien Bonds the City is in substantial compliance with all of the covenants of this Ordinance; (ii) As of the date of issuance of the Parity Lien Bonds the City is cum:nt in the accumulation of all amounts required to be then accumulated in the Bond Account and the Reserve Account; (iii) For any 12-month period during the IS-month period immediately preceding the date of issuance of such Parity Lien Bonds, the Net Revenue is sufficient to pay an amount representing not less than 125% of the Combined Maximum Annual Principal and Interest Requirements for the Outstandina Bonds, Outstanding Parity Lien Bonds, if any, and the ParitJ Lien Bonds proposed to be issued. For purposes of such test, if there has been adopted a schedule of increues in l'llcs, fees and charges during the preceding 18-month period, the Net Revenue may be increased for those months in which such increase was not in effect for the 12-month period in which such calculation is made by adding to the actual revenues for such period an estimated sum equal to 100-/o of the estimated increase in revenues which would have been realized during said period ha4 such increase been in effect for the entire 12-month period (the requirement set forth in this subparagraph (iii) shall not apply to any Parity Lien Bonds issued for the purpose of refunding less than all of the Outstanding Bonds); and (iv) The ordinance, indenture or other document providing for the issuance of the Parity Lien Bonds must provide for a reserve account, which is established in the amount of the Parity Reserve Amount, and a bond account for the Parity Lien Bonds; such accounts must be established and maintained on substantially the same tenns and contain substantially the same provisions as set froth in this Ordinance for the Reserve Account and the Bond Account, respectively. A written certificate by the City Manaaer that the conditions set forth in paraarapbs (i) a nd (ii ) a bov e have been met, and a w ritten certificate by a Certified Public Accountant or 18 t • • Consulting Engineer that the condition set forth in paragraph (iii) above has been met, shall conclusively determine that such conditions have been met in accordance with the tenns hereof. (c) Subordinate Lien Bonds. So long as !10 Event of Default shall have occurred and be continuing, nothing herein shall prevent the City from issuing Subordinate Lien Bonds. Section 21. Defeasance. When all principal, interest and premiums, if any, in connection with a Bond has been duly paid, the pledge and lien and all obligations of the City hereunder shall thereby be discharged with respect to said Bond and the Bond shall no longer be deemed to be Outstanding. There shall be deemed to be such due payment when the City has placed in escrow and in trust with a commercial bank located within or without the State of Colorado, and exercising trust powers, an amount sufficient (including the known minimum yield from Defeasance Securities in which such amount may be initially invested) to meet all requirements of principal, interest and premiums, if any, as the same become due to their final maturities or upon designated prior redemption dates. The Defcasance Securities shall become due at or prior to the respective times on which the proceeds thereof shall be needed, in accordance with a schedule established and agreed upon between the City and such bank at the time of the creation of the escrow, or the Defeasance Securities shall be subject to redemption at the option of the holders thereof to assure such availability as so needed to meet such schedule. The sufficiency of the escrow shall be determined by a Certified Public Accountant. Section 22. Events of Default. The occurrence or existence of any one or more of the following events shall be an Event of Default hereunder: (a) payment of the principal of or redemption premium on any Bond is not made by the City when due; (b) payment of the interest on a,ny Bond is not made by the City when due; (c) the City defaults in the performance of any other of its covenants in this Ordinance, and such default continues for 30 days after written notice specifying such default and requiring the same to be remedied is given to the City by the Owners of 25% in aggregate principal amount of the Bonds then Outstanding; or ( d) the City files a petition under the federal bankruptcy laws or other applicable bankruptcy laws seeking to adjust the obligations represented by the Bonds. Section 23. Remedies For Events of Default . Upon the occurrence and continuance of an Event of Default, the Owner of any Bond, or a trustee therefor, may protect and enforce the rights of any O wner by proper legal or equitable remedy deemed most effectual including mandamus, specific performance of any covenants, injunctive relief or requiring the Council to act as if it were the trustee of an ex press trust, or any combination of such remedies. All proceedings shall be maintained for the equal benefit and protection of all Owners. Any receiver appointed to protect the rights of Owners may take possession of and operate and maintain the Golf Course Facilities in the same manner as the City itself might do . The failure of any Owner to proceed docs not relieve the City or any person of any liability for fa ilure to perform any duty hereunder. The foregoing rights arc in addition to any other right, and the exe rcise of any right by any Owner shall not be deemed a waiver of any other right. Section 24. Permitted Ameadmeat1 to Boad Ordlaaace. The City may , without the co nsent of or notice to the Owners, adopt amendments or supplements to this Ordinance, which amendments or s upplements shall thereafter form a part hereof, for any one or more of the followina purposes : 19 ' ... -· • • 0 ·• • • (a) to cure any ambiguity, to cure, correct or supplement any formal defect or omission or inconsistent provision contained in this Ordinance, to make any provision necessary or desirable due to a change in law, to make any provisions with respect to matters arising under this Ordinance, or to make any provisions for any other purpose, if such provisions are necessary or desirable and do not materially adversely affect the interests of the Owners of the Bonds; (b) to subject to this Ordinance or pledge to the payment of the Bonds additional revenues, properties or collateral; and (c) to grant or confer upon the Owners any additional rights, remedies, powers or authority that may be lawfully granted to or conferred upon the Owners. Section 25. Amendments Requiring Consent of Owners. Except for amendatory or supplemental ordinances adopted pursuant to the Section hereof entitled "Permitted Amendments to Bond Ordinance," the Owners of not less than two thirds in aggregate principal amount of the Bonds then Outstanding shall have the right, from time to time, to consent to and approve the adoption by the City of such ordinances amendato1y or supplemental hereto as shall be deemed necessary or desirable by the City for the purpose of modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provisions contained in this Ordinance; provided however, that without the consent of the Owners of all the Bonds affected thereby, nothing herein contained shall permit, or be construed as permitting: (a) a change in the terms of the maturity of any Bond, in the principal amount of any Bond or the rate of interest thereon, or in the terms of prior redemption of any Bond; (b) an impairment of the right of the Owners to institute suit for the enforcement of any payment of the principal of, premium if any, or interest on the Bonds when due; (c) the creation of a lien upon the Net Revenue ranking prior to the lien of the Bonds; (d) a privilege or priority of any Bond or any premium or interest payment over any other Bond or premium or interest payment; or ( e) a reduction in the percentage in principal amount of the Bonds the consent of whose Owners is required for any such amendatory or supplemental ordinance. If al any time th e City shall desire to adopt an amendatory or supplemental ordinance for any of the purposes of thi s Sec tion, the City shall cause notice of the proposed adopti on of such amendatory or suppl ement al ordinance to be given by mailing such notice by certified or registered first class mail to the Purchase r and to each Owner of a Bond to the address shown on the registration books of the Bond Reg istrar, at least 30 days prior to the proposed date of adoption of any such amendatory or supplemental ordin ance . Such notice shall briefly set forth the nature of the proposed amendatory or supplemental ordinance and shall state that copies thereof are on file at the offices of the City or some other suitable loca ti on for inspe ction by all Owners. If, within 60 days or such longer period as shall be prescribed by the C ity fo ll owing the gi ving o f such notice, the Owners of not less than the required percentage in aggregate pri nci pal amount of the Bonds then Outstanding at the time of the execution of any such amendatory or su pplementa l ordinance shall have consented to and approved the execution thereof as herei n provi ded, no Owner o f any Bond shall have any right to object to any of the terms and provisions contained th erein, or the o peration thereof, or in any maMer to question the propriety of the adoption and 20 ' .. ,, • • ... • effectiveness thereof, or to enjoin or restrain the City from adopting the same or from taking any action pursuant to the provisions thereof. Secdon 26. Effect of Amendment. Upon the execution of any ameodatory or supplemental ordinance pursuant to this Ordinance, this Ordinance shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations under this Ordinance of the City, the Bond Registrar, the Paying Agent and all Owners of Bonds then Outstanding shall thereafter be determined, exercised and enforced hereunder, subject in all respects to such modifications and amendments. Section 27. Removal or Resignation of Bond Registrar or Paying Agent; Successon. The Paying Agent and Bond Registrar may resign, or be removed by the City at any time with or without cause. In the event of the removal or resignation of the Bond Registrar or Paying Agent, the City shall appoint a successor as soon thereafter as may be practicable, and in such event, shall give written notice thereof to each Owner by mailing to the addresses shown on the registration books for the Bonds. Any successor Paying Agent shall: be a trust company or bank in good standing located in or incorporated under the laws of the State; be duly authorized to exercise trust powers; be subject to examination by a federal or state authority; and maintain a reported capital and surplus of not less than S 10,000,000. Sectlon 28. Aatborlzadon To Execute Documents. The Mayor and any other City official shall, and are hereby authorized and directed officer or to take all actions necessary or appropriate to effectuate the provisions of this Ordinance, including, but not limited to, execution of such agreements, certificates and affidavits as may be reasonably required by the Purchaser. For a period of 60 days following the adoption of this Ordinance, the Sale Delegate is authorized to executed the Bond Purchase Agreement, which shall be in substantially the form presented to the City at this meeting and shall be completed in accordance with the terms of this Ordinance. The Mayor, the City Clerk and all other officers of the City are hereby authorized and directed to execute the Continuing Disclosure Undertaking, the Paying Agent Agreement, the Escrow Agreement, a "Tax Compliance Certificate" or similar certificate describing the City's expectations regarding the use and investment of proceeds of the Bonds and other moneys, an Internal Revenue Service Form 8038-G with respect to the Bonds; and all other documents and certificates necessary or desirable to effectuate the issuance of the Bonds, the use and investment of proceeds of the Bonds and the other transactions contemplated hereby (together the "Financing Documents"). The execution of the Bond Purchase Agreement by the Sale Delegate and the execution of the Mayor and any other City officer or official of the Financing Documents authorized herein shall be conclusive proof of the approval by the City of the terms thereof. Section 29. Official Statement. The Preliminary Official Statement is hereby authorized and approved . The Preliminary Official Statement is hereby deemed by the Council to be final as of its date within the meaning of Rule 15c2-12(b)(I) of the U.S. Securities and Exchange Commission. The Council hereby aut1'orizes the preparation and distribution of a final Official Statement in conjunction with an offer of the Bonds to the public . The Official Statement shall contain such corrections and additional or updated information so that it will not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the sllltements made therein, in light of the circumstances under which they were made , not misleading. The Mayor is hereby authoriud to execute copies of the Official Statement on behalf of the City. Section 30. Holiday,. If the date for making any payment or performing any action hereunder shall be a legal holiday or a day on which the principal ofTicc of the Paying Agent or Bond Regi strar is authorized or required by law to remain closed , such payment may be made or act performed on the next succeeding day which is not a legal holiday or a day on which the principal office of the Paying Agent or Bond Registrar is authorized or required by law to remain closed. 21 ' .. ,, • • Section 31. Limitation of Actions . In accordance with Section 11 -57-212, C .R.S ., no legal or equitable action can be brought with respect to any legislative acts or proceedings in coMection with the authorization or issuance of the Bonds more than 30 days after the issuance or authorization of such securities, whichever occurs later. Section 32. Pledge of Revenues . The creation, perfection, enforcement and priority of the pledge of revenues to secure or pay the Bonds shall be governed by § 11-57-208, C .R .S. and this Ordinance. The Pledged Revenue shall immediately be subject to the lien of such pledge without any physical delivery, filing or further act. The lien of such pledge on the Pledged Revenue shall be on a parity with all other Parity Lien Bonds, and shall have priority over any and all other obligations and liabilities of the City. The lien of such pledge shall be valid, binding and enforceable as against all persons having claims of any kind in tort, contract or otherwise against the City irrespective of whether such persons have notice of such liens. Section 33. No Recoune Against Offlcen ud Agentl . Pursuant to§ 11-57-209, C .R .S., if a member of the Council, or any officer or agent of the City acts in good faith, no civil recourse shall be available against such member, officer or agent for payment of the principal, interest or prior redemption premiums on the Bonds. Such recourse shall not be available either directly or indirectly through the Council or the City, or otherwise, whether by vinue of any constitution, statute, rule of law, enforcement of penalty, or otherwise. By the acceptance of the Bonds and u a part of the consideration of their issuance, any person purchasing or selling such Bond specifically waives any such recourse. Section 34. Conclusive Recital . Punuant to§ I I-S7-210, C .R .S., the Bonds shall contain a recital that they are issued pursuant to certain provisions of the Pan 2 of Article S7 of Title II, C .R.S . Such recital shall be conclusive evidence of the validity and the regularity of the isauance of the Bonds after their delivery for value. Section 35. Coab ud Espe11111. All coats and cxpeDICI incurred in connection with the issuance and payment of the Bonds shall be paid from leplly available moneys of the City, and such moneys arc hereby appropriated for that purpose. Section 36. Radftcadon ud Approval of Prior Actleu. All actiom heretofore taken by the officers of the City and the members of the Council, not inconsistent with the provisions of this Ordinance, relating to the authorization, sale, issuance and delivery of the Bonds, are bcrcby ratified, approved and confirmed. Section 37. Ordinance lrrepealable. After any of the Bonds have been issued, this Ordinance sh all constitute a contract between the Owners and the C ity , and shall be and remain irrepealable unti l th e Bond s and th e interest accruina thereon shall have been fully paid, sati sfi ed and discharged, as herei n provided . Section 38. R e pealer. All orders, bylaws and ordinances of the City , or pans thereo f, inconsistent or in co nflict w ith th is Ordinanc e , are hereby repealed to the extent only of suc h inconsistency or confli ct. Section 39. SeverabWty. If an y sec tion, paragraph , cla use or provision of this Ordinance sha ll fo r any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph , clause or provision shall not affect any of the remainina provis ions of this Ordinance, the int ent being that the same are severable . 22 t ... . ,• '. • • • Section 40. Emeraency Statement. Based on advice of the personnel of the City's administration, the Council bas determined that, due to the ability of the City to designate the Bonds as qualified tax-exempt obligations pursuant to paragraph (d) of Section 9 of this Ordinance and future uncertainties coqceming the municipal bond market and current interest rates, the City should proceed immediately with this issue for the needs of the City. Therefore a public emergency is declared to exist and this Ordinance is declared to be necessary for the immediate preservation of the public property, health, peace and safety. This ordinance shall be published as required by the terms of the Charter. Introduced, read in full, and passed on first reading as an emergency Bill for an Ordinance at a Special Council Meeting on the 8th day of December, 2003. Published as an emergency Bill for an Ordinance on the 12111 day of December, 2003. (SEAL) Read by title and passed on final reading as an Emergency Ordinance on the I 5th day of December 2003. Published by title as Emergency Ordinance No.__, Series of 2003, on the 19th day of December, 2003. Douglas Garrett, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Emergency Ordinance passed on final reading and published by title as Ordinance No._, Series of 2003 . Loucrishia A. Ellis 23 • • No.R Interest Rate REGISTERED OWNER: APPENDIX A (FORM OF BOND) [Front of Bond] UNITED STATES OF AMERICA STATE OF COLORADO CITY OF ENGLEWOOD Acting By and Through Its GOLF COURSE ENTERPRISE GOLFCOURSEENTERPRISEREVENUEBOND SERIES2003 Maturity Date Dated Date Cede&Co. Tax Identification Number: 13 2555119 $ ___ _ CUSIP PRINCIPAL AMOUNT: ____________________ DOLLARS City of Englewood, Colorado, a duly organized and validly existing City and municipal corporation of the State of Colorado, acting by and through the Golf Course Enterprise (the "City") for value received, hereby promises to pay, solely out of the special accounts hereinafter designated but not otherwise, to the registered owner named above, or registered assigns, on the maturity date specified above or on the date of prior redemption, the principal amount specified above. In like manner the City promises to pay interest on such principal amount (computed on the basis of a 360-day year of twelve 30- day months) from the Dated Date specified above, at the interest rate per annum specified above, payable semiannually on and each year, commencing on _, 2004, until the principal amount is paid at maturity or upon prior redemption. The principal of this Bond and premium, if any, arc payable in lawful money of the United States of America to the registered owner hereof upon maturity or prior redemption and presentation at the principal office of The Bank of Cherry Creek, a branch of Western National Bank (the "Paying Agent"), or its successor, as Paying Agent. Payment of each installment of interest shall be made to the registered owner hereof whose name shall appear on the registration books of the City maintained by or on behalf of the City by the Paying Agent, or its successor, as Bond Registrar, at the close of business on the fifteenth day of the calendar month next preceding each interest payment date (the "Record Date"), and shall be paid by check or draft of the Paying Agent mailed on or before the interest payment date to such registered owner at his address as it appears on such registration books. The Paying Agent may make payments of interest on any Bond by such alternative means as may be mutually agreed to between the registered owner of such Bond and the Paying Agent, as provided in the ordinance authorizing the issuance of this Bond (the "Bond Ordinance"). Any such interest not so timely paid or dilly provided for shall cease to be payable to the person who is the registered owner hereof at the close of business on the Record Date and shall be payable to the person who is the registered owner hereof at the close of business on a special record date (the "Special Record Date") established for the payment of any defaulted interest. Notice of the Special Re cord Date and the date fixed for the payment of defaulted interest shall be aivcn by ftnt clua mail to the registered owner hereof as shown on the registration books on a date selected by the Bond Rcai strv. ' • • -- • If the date for making any payment or performing any action shall be a legal hol iday or a day on which the principal office of the Paying Agent or Bond Registru ia authorized or required by law to remain closed, such payment may be made or act performed on the next succeeding day which is not a legal holiday or a day on which the principal office of the Paying Agent or Bond Registrar is authorized or required by law to remain closed. This Bond is one of a series aggregating S par value, all of like date, tenor and effect except as to number, principal amount, interest rate and date of maturity, issued for the purpose of paying the costs of providing certain Golf Course Enterprise facilities and improvements, by virtue of and in full conformity with the Constitution of the State of Colorado; the City Cbancr; Title II, Article 57, Part 2, C .R.S.; and all other laws of the State of Colorado thereunto enabling, and pursuant to the duly adopted Bond Ordinance. Punuant to § 11-S7-210, C.R.S., such recital shall be conclusive evidence of the validity and the regularity of the issuance of the Bonds after their delivery for value. It is hereby recited, certified and warranted that all of the requirements of law have been fully complied with by the proper officers in issuing this Bond. The principal of, premium if any, and interest on this Bond are payable only out of: (a) a special account designated as the "Golf Course Enterprise 2003 Bond Account," into which the City covenants and agrees to deposit, from the revenues derived from the operation of the golf course facilities comprising the Golf Course Enterprise after deduction of operations and maintenance costs (the "Net Revenue''), amounts sufficient to pay the principal of and interest on the Bonds when the same become due and payable; and (b) if necessuy, a special account designated as the "Golf Course Enterprise 2003 Bond Reserve Account," all as more particularly set forth in the Bond Ordinance. The Bonds shall constitute an irrevocable and first lien upon the Net Revenue, but not necessarily an exclusive such lien. Subject to expressed conditions, obligations in addition to the Bonds of this issue may be issued and made payable from the Net Revenue having a lien thereon subordinate and junior to the lien of the Bonds of this issue or, subject to additional expressed conditions, having a lien on the Net Revenue on a parity with the lien of the Bonds of this issue, in accordance with the provisions of the Bond Ordinance. It is hereby recited, certified and warranted that for the pdyinent of this Bond, the City bas created and will maintain the special accounts referred to above, and will deposit therein out of the Net Revenue the amounts specified in the Bond Ordinance, and out of such accounts, as an irrevocable charge thereon, will pay the principal of, premium if any, and interest on this Bond in the manner provided by the Bond Ordinance. THIS BOND DOES NOT CONSTITUTE A DEBT OR INDEBTEDNESS OF THE CITY WIT HIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION , AND SHALL NOT BE CONSIDERED OR HELD TO BE A GENERAL OBLIGATION OF THE C ITY . Reference is hereby made to the Bond Ordinance for an additional description of the nature and e tent of the security for the Bonds, the funds and revenues pledged to the payment thereof, the rights and rem dies or the registered owners of the Bonds, the manner in which the Bond Ordinance may be ended, and the other terms and conditions upon which the Bonds are issued, copies of which are on file i r publi inspection at the office of the City Clerk . [The redemption provisions established in the Sale Certificate shall appear in this place.] The Bonds w ill be redeemed only in integral multiples of SS,000. In the event a Bond is of a denomin ti n larger than SS,000, a portion of such Bond may be redeemed, but only in the principal m unt of SS,000 o r any integral multiple thereof. Such Bond will be treated for the purposes of A-2 • .. .,., • t • redemption as that number of Bonds which results from dividing the principal amount of such Bond by $5,000. In the event a portion of this Bond is redeemed, the Bond Registrar shall, without charge to the registered owner of this Bond, authenticate and deliver a replacement Bond or Bonds for the unredeemed portion. Notice of prior redemption shall be given by mailing a copy of the redemption notice, not less than 30 days prior to the date fixed for redemption, to the registered owner of this Bond at the address shown on the registration books maintained by the Bond Registrar, in the manner set forth in the Bond Ordinance. All Bonds called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment at that time. The City and Bond Registrar shall not be required to issue or transfer any Bonda: (a) during a period beginning at the close of business on the Record Date and ending at the opening of businea on the first business day following the ensuing interest payment date, or (b) during the period beginning at the opening of business on a date 45 days prior to the date of any redemption of Bonda and ending at the opening of business on the first business day following the day on which the applicable notice of redemption is mailed . The Bond Registrar shall not be required to transfer any Bonda selected or called for redemption, in whole or in part. The City, the Paying Agent and the Bond Registrar may deem and tteat the registered owner of this Bond as the absolute owner hereof for all purposes (whether or not this Bond shall be overdue), and any notice to the contrary shall not be binding upon the City, the Paying Agent or the Bond Registrar . This Bond may be exchanged at the principal office of the Bond Reaistrar for a like agregate principal amount of Bonds of the same maturity of other authorized denominations. This Bond is transferable by the registered owner hereof in person or by his attorney duly authorized in writin1, at the principal office of the Bond Registrar, but only in the manner, 1ubjoct to the limitations, and upon payment of the charges provided in the Bond Ordinance and upon sunender and cancellation of thi1 Bond. This Bond may be transferred upon the registration boob upon delivery to lbe Bond Resiltrar of this Bond, accompanied by a written instrument or instrumenll of transfer 1n form and with puanty of signature satisfactory to the Bond Registrar, duly executed by the owner of this Bond or his attorney in fact or legal representative, containing written instructions u to the detail• of the tnnsfer of the Bond, along with the social security number or federal employer identification number of 1ucb tranaferee. In the event of the transfer of this Bond, the Bond Registrar shall enter the transfer of ownenbip in the registration books and shall authenticate and deliver in the name of the transferee or transferees a new fully registered Bond or Bonds of authorized denominations of the same maturity and interesl rate for the aggregate principal amount which the registered owner is entitled to receive at the earliest practicable time . The Bond Registrar shall charge the owner of this Bond for every 1ucb tnmfer or exchanae an amount sufficient to reimburse it for its reasonable fees and for any tax or other aovemmental cbarae required to be paid with respect to such transfer or exchanae. ' This Bond shall not be valid or become obligatory for any purpolC or be entitled to any security or benefit under the authorizing Bond Ordinance until the certificate of authenticatioa bacon shall have been signed by the Bond Registrar. IN TESTIMONY WHEREOF, the City Council of the City of £nalewood bu caused this Bond to be signed by the facsimile signature of the Mayor, sealed with a facsimile of the -1 of lbe City, 1111d attested by the facsimile signature of the Clerk thereof, all u of the Daled Dlte NI f0f1h II the beainnina of thi s Bond . 02 -160909 2 A-3 ' .. .. • • [Facsimile Seal] Attested : By (Facsjmile Signatw;e) Loucrishia A. Ellis, City Clerk CITY OF ENGLEWOOD, COLORADO By (Facsjmjle Signature] Douglas GIUTCtt, Mayor CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds of the issue described in the within mentioned Bond Ordinance. Date of Registration and Authentication: 02 -160909.2 THE BANK of CHERRY CREEK, a branch of Western National Bank ___ _, u Bond Registrar A-4 - 0 COUNCIL COMMUNICATION Date: Agenda Item: Subject : Resolution ac cepting License Agreement from S. Slope December 15, 2003 11 Ci Condominium Association for the "Big Dry Creek Trail". Initiated By: Staff Source: Public Works Department Ken Ross, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved Resolution No. 43, Series 2002, authorizing the City to apply for Federal funds under the Transportation Equity Act for the 21 " Century (TEA-21 ). Ordina11ce No. 60, Series 2003 approved an Intergovernmental Agreement with the Colorado Department of Transportation for the design and construction of Big Dry Creek Trail. RECOMMENDED ACTION Staff recommends Council approval of a Resolution to accept the dedication of a 99-year license agreement from South Slope Condominium Association for the purpose of constructing and maintaining the "Big Dry Creek Trail Improvements". BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In 1994, Englewood, Littleton, and South Suburban Parks cooperated in the preparation of a plan to install a bike trail along Big Dry Creek from the S. Platte River to the Highline Canal. This master plan, prepared by Bob Seams of Urban Edges, Inc., proposed the trail alignment, phasin& and fundraising recommendations. Five segments of construction were proposed. The two segments from the Platte Ri y er though Belleview and Progress Parks have been completed. Most recently, the bridge over Platte River was installed. The third segment, from Progress Park to Broadway, was added to DRCOG's Transportation Improvement Program and is receiving $600,000 towards the es tim ated $1,500,000 cost for this segment Th e trail alignment requires crossing a small piece of private property owned by the South Slope Cond ominium Associ ation . The property is located at lehow Ave adjacent to Big Dry Creek. Bob Seams has negotia t ed the ac quis ition of a 99-y ear license agreement for the trail . COOT has approved t his arra n ge m ent in lieu of an easemen t or right-o f-way purchase . FINANCIAL IMPACT The agreeme nt ca lls for a pay ment of $5,000 to the Condominium Association along with their atto rn ey fees es tim ated at $1,500. South Suburban Parks Foundation is reimbursing the City for all cost s assoc iat ed with this agreement All maintenance of the trail and the adjacent area will be pe rfo rm ed by South Suburban Parks . LIST OF ATTACHMENTS License Agree m ent w ith Exh ibit A and drawing ' ... .. .. • • 0. SOF 2003 A RESOLUTION AUTHORIZING A "LICENSE AGREEMENT' BETWEEN THE SOUTH SLOPE ASSOCIATION AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, in 1994 Englewood, Littleton and South Suburban Parks cooperated in the preparation of a plan to install a bike trail along Big Dry Creek from the South Platte River to the Highline Canal; and WHEREAS, five segments of construction were proposed with two segments completed, from Platte River though Belleview and Progress Parks; and WHEREAS, recently a the bridge over Platte River wu installed and the third aegment, from Progress Park to Broadway was added to DRCOG'a Transportation Improvement Program; and WHEREAS, the Big Dry Creek Trail alignment requires crossing a small piece of private property owned by the South Slope Condominium Association at Lebow Avenue adjacent to Big Dry Creek; and WHEREAS, the acquisition of a 99-year License Agreement for the trail bu been negotiated with CDOT's approval of this arrangement in lieu ofan easement or right-of-way pun:hue; and WHEREAS, the passage of this Resolution authorizes the City of Englewood to enter into a License Agreement with the South Slope Condominium Association for the acquisition of a 99-year License Agreement for the Big Dry Creek Trail at Lebow Avenue adjacent to Big Dry Creek; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Secti on 1. The "License Agreement" between the South Slope Condominiwn Alsociation and the City of Englewood authorizing the a License Agreement [99-year license agreement for the Big Dry Creek Trail] located at Lebow Avenue adjacent to Big Dry Creek u set forth in "Exhibit A", is hereby accepted and approved by the City Council of the City of Englewood, Colorado . j • • Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest said License Agreement on behalf of the City of Englewood. ADOPTED AND APPROVED this 1 Sth day of December, 2003. AlTEST: Douglas Ganett, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No._:__, Series of 2003. Loucrilbia A. Ellia, City Clerk -- LICENSE AGREEMfNI THIS L,WENSE and MAINTENANCE AOREEMENT ("This IJCENSE") is made this ~t/ . ofNovember, 2003 b4't,,>w);:Cwi'>lflwwt1 ~tk/ whose address i~ :$. /'p4 ~ fp . ~· CO 80014 to the City of Englewood, CO ("Grantee"), who s 1000 Englewood Parkway, Englewood, co 80110. The Parties covenant and agree as follows: 1. License Property. The "License Property" shall mean the real property located in the City ofEnglewood, County of Arapahoe, State of Colorado, more particularly described as: See Attachment A (Lepl Description ud Map. paps 4 aad S) 2. Consideration. For and in consideration of a donative transfer and the limitations ofliability contained in Article 41 ofTitle 33 of the Colorado Revised Statutes the receipt and sufficiency of which is hereby aclcnowledged and in consideration of SS,000 (five thousand and 00/100 dollars) and attorneys' fees for the preparation and execution of this document . The Grantee shall provide the consideration and attorneys' fees no later than 30 days after execution of this document or by December 26, 2003. J . Option of Cash Remuneration for Appraised Value-Gnu11or---' actnowlt!dfa tlult g1'tllllOr""" hire~~. au ldllonent et""' to 1M appraised vab,e of a /a sbrf,k or _,,,.,,, cor,qaace a appraisetl by 1111 ilfllqoulad ,,,,,,,,,_,. .,,, ·-IJJ 1M °*'""° Dqa lWAl of Tro,uponalio11 ;,. accorrllu,,:e ,,;,J, F___, latl 4CfMisitio-riMhtn allll .vglj/lJ!tlrily tuUI wiJlillwly witluMt MY coadoft -1ilWs 11,ls ,_,...._ /r~(Gnuttor's itutulls) 4 . Conveyance of License. Grantor hereby grants to Grantee. and its successors and assigns' This License for the purpose of constructing, operating, repairing and maintaining a hike and bike traiVpedestrian span, and channel and floodway maintenance trail within the area as described in Exhibit "A" attached hereto and such license shall be in effect for a term of99 years, and as long as the trail is operated and maintained by the Grantee or its agents . S. Maintenance . The Grantee agrees and commits that the following maintenance tasks will be preformed per public park: maintenance standards on a routine and timely schedule : a. Maintenance of the trail and adjacent area on 10 feet on either side oftbe trail, including the trail surface, railings, sweeping, liner and debris removal, and graffiti removal . I ofS .•• . ' ; . t • • -- b . Trimming and maintenance of overhanging vegetation located above the trail in accordance with public trail and city parlc maintenance standards. Property owners grant the Grantee and/or its agents access to maintain the trail trees and vegetation adjacent to, and above the trail as necessary to lWUJ'e trail user enjoyment and safety which is the responsibility of the Grantee without disruption to the use and enjoyment of the Grantor's property. c. Routine removal oflitter and debris resulting from public use of the trail from the area on and adjacent to the trail such that the streambed and adjacent areas are maintained as an open space natural area. Grantor gives permission for routine on-aoing maintenance access to the Grantor's property beneath and adjacent to the trail by the Grantee or its designated agents and crews without disruption to the use and enjoyment of the Grantor's property. 6 . ~ Grantor shall have the right to ingress and egress to, over, through and across the Licensed Property for any purpose necessary or desirable for the full enjoyment of the rights retained by the Grantor under the grant. Grantor's activities, however, shall not interfere with the safe use and enjoyment of the trail for the purposes granted herein. 7. Rjghts of Grantor. Grantor reserves the full right to the undisturbed ownership, use and occupancy of the Licensed Property insofar u said ownership, use and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. In the event Grantee's improvements under.the License require repair, replacement or maintenance of any type or kind, Grantee may do so with reasonable notice. Cost of repair and restoration of surface improvements shall be done at the cost of the Grantee. s. Abandonmem. In the event that Grantee shall abandon the rights granted to it under this License, all rights, title and interest hereunder of the Grantee shall cease and terminate, and Grantor shall hold the License Property, u the same may then be, free from the rights of Grantee so abandoned and shall own all materials and structures of the Grantee so abandoned, provided that the Grantee shall have a reasonable time after said abandonment in which to remove any or all improvements and Appurtenance from the License Property. 9 . Warranty of Title. Grantor warrants and represents that Grantor is the fee simple owner of the License Property and that Grantor has full right. title and authority, and that this Grant is effective to grant and convey to Grantee the within described License. 10 . Binding Effect . This Grant shall extend to and be binding upon the hein, personal representatives, successors and assigns of the respective parties hereto . The terms, covenants, agreements and conditions in this Grant shall be consbUed u running with the land . 2 ofS ' ..• • • IN WITNESS WHEREOF. the parties hereto have executed this Liceme Asfeement the day and year first above written. STATE OF CJv.J" COUNTY OF i~c.~ ATTEST : GR.ANTEE: CITY OF ENGLEWOOD. COLORADO 3 ofS .Jl 31 03 05:0Sp Western Seates Surve~tnc 303-841-7438 ©.weSTeRn S18TeS SURW!YITIG, Inc. 12753 S . P•br Rood s ... 205 Pcr1r-. co ao1u..uu (30.t/ Ul-7.U FNC (303) UJ.7439 EXHIBIT 11 A" A parcel of rand being a part of the South Slope Condos, located in Section 15, Township 5 South, Range 68 West of the Sixth Principal Meridian, Arapahoe County, State of Colorado, being mora particularly described aa folows: NOTE: For the purpose of this description the bearings are based on the easterly line of Plot 7 of Interurban Addition, bearing North oo·or1e-West. Beginning at the Southeast Comer of said Plot 7, also being the southwest comer of said South Slope Condos; Thence North 53•31·05· East, 70.22 feet along the northerly right of way line of Lehow Avenue, also being the southerly line of said South Slope Condos; Thence North 26•25•55• West, 8.00 feet; Thence South 89"57'08• West. 32 .26 feet; Thence North 49"40'04" West. 35.62 feet to the easterly line of said Plol 7 of Interurban Addition; Thence South oo·or1e• East. 81 .50 feet. more or less, to the Point of Beginning; Containing 0.040 acres, or 1734 square feet, more or less. I hereby certify that the above legal description was prepared under my direct supeNilion . WSSI Job No.: 9971-006 .2 Date: July 31 , 2003 For and on Behalf of WESTERN STATES SURVEYING, INC . 12753 South Parker Road, Suile 205 Parker, CO 80134 (303) 841 -7436 Albert V . Valletta , Jr., PLS 23524 ~- p.2 t ... • • 0 Jul 31 03 OS:OSp W.wt•~n Stet•• Su~v•~inc 303-841-7439 p.3 EXHIBIT --------ASHER AMMONS 11, -. __ r-----. LTD. RECEPTION .._ NO. 81195780 ---------.. I ----. -----. ...._ I -..... ......... __ ------...._ \ --........ --.__ -... -----. '-__ 75' PUBUC S£RV1Ct __ ---.. .._ COMPANY EASEMENT \ -.. --........ ~ I --/ -... -----.t:... •IILUl'I. Cl# LS 11434 • BDC-6 LOT 3 CITY or EMCLEWOOD ~tgssS:C.,~ OWNER: SOUTH SLOPE CONDOS >NlDIUCD ONLY TO CD'!C'T M ATTACHED Ol'SCRI SOU TH SUBURBAN PARK FOUNDATION SOU TH SLOPE CONDOS PARCEL ' ... .. • • COUNCIL COMMUNICATION Date Agenda Item December 15 , 2003 .cl INITIATED BY STAFF SOURCE (J Subject Brown & Caldwell Phase 2 Construction Management and Programming Contract Littleton/Englewood Supervisory Committee Stewart H. Fonda, Utilities Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Approval of the Phase 2 Littleton/Englewood WWTP Expansion Design Project RECOMMENDED ACTION The recommended action is ap the Phase 2 Construction Management and Programming Contract Amendments with Brown Caldwell Engineers for engineering and construction management services during the construction of the Phase 2 Expansion of the Littleton/Englewood WWTP in the amount of $11 ,945,800.00 BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Littleton/Englewood WWTP has a current treatment capacity of 36.3 million gallons per day (mgd) and 63 ,000 pounds per day of organic matter. Two primary factors have been identified that will require expansion of the present facility: 1) higher than anticipated population growth in the facility's service area and ; 2) the regulatory requirement to remove nitrate from the plant effluent. These two factors and the nee d for expansion were presented to both Littleton and Englewood city councils ,at a study session in November 1999 and August 2003. A pl anning and capacity assessment project was authorized as a result of the first study session and Brown & Caldwell completed the project at the end of 2000. The results of the project were presented to both coun ci ls at a study session in February 2001 . Brown & Caldwell recommended increasing plant capacity to a nomina l 50 mgd and dis c ussed the need for nitrate removal that may result from the ongoing nitrate Total Maxim um D ail y Load (TMDL) study. Results of the TMDL ar e anticipated sometime this winter. A pre-des ign project was c ompleted to identify specific plant components needed to expand the facility to the recomme nd ed c apacity and include denitrification (nitrate removal) systems . The pre-design project also incl ud ed th e identification of the regulatory work required to obtain approval from the Water Quality Con tro l D iv isio n and the Denver Regional Council of Governments, the 208 planning agency in the Denver area. As pa rt o f th e pre-design project, a preliminary estimate of project costs was developed. The fin din gs an d reco mmendations of the Pre-design Project were completed and the engineering design stage of th e Ph ase 2 p ro jec t was approved by City Council in September 2001 . The Phase 2 design is now nearing complet ion. As part of the final design project, an estimate of project costs has been updated and refine d. t .:., .. • • The construction phase engineering services scope of work indudes project administration, inspection of construction work, submittal review and approval, coordination with other agencies, review and approval of contractor payments, programming of plant control systems, preparation of record drawings, and startup services . The engineering contract amendments with Brown & Caldwell are attached. Contract Amendment #9 is for Programming and Record Drawings in the amount of $2,094,900. Contract Amendment #1 O is for Construction Management Services in the amount of $9,8S0,900. The project engineering construction management services, programming, and record drawings total will cost $11,945,800.00. This work is anticipated to take approximately four and a half years. The construction management engineering work is scheduled to begin spring of 2004 with construction contract bidding anticipated in May 2004. FINANCIAL IMPACT The cost of the Phase 2 Construction Management and Programming Engineering Project is $11,945,800.00, is a capital cost and will be split 50/50 with the City of Littleton. Funds to begin the project are included in the 2004 budget LIST OF ATTACHMENTS Brown & Caldwell Amendment #9 to the Agreement for Engineering Services for Phase 2 Expansion Brown & Caldwell Amendment #1 O to the Agreement for Engineering Services for Phase 2 Expansion • • -·· AMENDMENT9 TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN BROWN AND CALDWELL AND CITY OF ENGLEWOOD FOR PHASE 2 -CONSTRUCTION PHASE SERVICES TillS AMENDMENT NO. 9 to the Agreement, made and entered into on this day of ____ ..., 2003 by and between the City of Englewood. herein collectively referred to as "Owner," and Brown and Caldwell, a California corporation, authorized to provide engineering services in Colorado, hereinafter referred to as "Engineer''. WITNESSETH: WHEREAS, the Cities of Littleton and Englewood have entered into a joint use agreement which describes each City's respective rights in and responsibilities for the ownership and operation of the Littleton/Englewood Wastewater Treatment Plant (WWTP) pursuant to which agreements and contracts may be administered by Englewood on behalf of both Cities; and WHEREAS, Owner and Engineer entered into an Agreement on March 29, 2001 to provide professional engineering services in connection with implementation of Phase 2 Littleton/Englewood WWTP Expansion, herein after referred to as the "Project"; and WHEREAS, Amendment No. 1 was executed on October 5, 2001 to provide engineering services associated with the Design of Phase 2; and WHEREAS, Amendment No. 2 was executed on October 5, 2001 to provide engineering services associated with the Design of the Disinfection Improvements; and WHEREAS, Amendment No. 3 was executed in May 2002 to provide engineering services associated with the Standby Generator at the Hcadworks Facility; and WHEREAS, Amendment No. 4 was executed in May 2002 to provide engineering services associated with the Wastewater Utility Plan; and WHEREAS, Amendment No. 5 was executed in June 2002 to provide engineering services associated w ith a Process/Value Engineering Workshop, an Advisory Committee Workshop, and a Joint City Council Meeting; and WHEREAS, Amendment No. 6 was executed in August 2002 to provide engineering services associated with a Denitrification Field Visit to Germany and Malmo and to provide reimbursement costs . Amendment9 11 /19/2003 Pagel of8 • • - WHEREAS, Amralment No. 7 wa executed in September 2002 to povide qineeli111 mvic:ea IIIOci.atcd with Comtruclion Maaapmmt Services -Diainfection, Deaip Coatnct Addiliom mi Subtrutiom, Denit:rificaaio Flcilities Desip ad Dnelopnmt of PreUmimry Bfflumt Limits. WHEREAS, AIDCMUICOl No. 4-A wu exeeuted in December 2002 to provide qineerina services moalded with additional mapping md prelimimry affluent limit tau mocilled with 1be wastewalllr utility plan. WHEREAS, Arnmclmmt No. 7-A wu executed in May 2003 to provide flllinearin& ICrVicea usoci.lled with additional desipl for Phase 2 titled, Deaip Coamct Additiom and Sublracliona. WHEREAS. A~ No. I wa executed in October 2003 to plOYidc m1ineeriJ11 services ~ withAmmoaiaByi-lille. WHEREAS, 1be Owner, after c:onsidcriq the P.qiDccr's request made to 1be WWTP Supemsory Committee on November 20, 2003 bu dotamiDecl to reimburse 1be F.nginecr for the i:equirecl scrvicea perf'onned under the tams wl CODditiom set forth bc:raftcr; NOW, THEREFORE, Owns md &,ineer ljpel 11> amend 1be Agreem,ml II follows: I. SCOPE OF ENG1NEER.ING SER.VICES Objecdn: To provide COllllrUCtion DW!apn:wt ..vicll -cilded wi1b the ,._ 2 plmt c,r,p1111im Tbis .......dmcnt ii dmilod in Emhit A. ll. COMPENSATION For 1bele smvirm dac:noed in Exhibit A. wbicb are to be paformed by 111D Eqpaeer, Owmr IIJW to pay, wl &pleer IIPW to accept «iap,...,_ of a lump m price of $9,150,900, -N°IIIO million, eight buDdred fifty,,.,,._., aim lmllecl. The compenPrion is to be paid in &tly equal moadlly dilbunnmla owr IIID,coum of the project. c~ fur ICrYicel not coYa'ICl in Eidiibit A. illcludill& a OCIDIIIIJCtion period exceedin& that spccifled in 1be comract doc, ...... shall be u ...... upon by 111D Owner ad &l&inNr and lllt bth in• amendment to du.........-or uadlr a..,._ Tak Order Apeement. If the Owner dioolea 1D delele my IKYices u.l in F.xliibit A. the Engineer shall adjust the tOlal compenaticn • aareod upon by die aw.. 111d Engineer 111d set forth in ID amendmeat lo 1his Apmnem. l'ayma will be M apec:ified in Article VI "Compenslbon" of die Apement. H.~lC--..Ml!IIAIII __ 9 ,._l ....._ $ .. APffl.,,,_,9 12J9/2003 .... 2ofl ,. . ' .... , • • IN WITNESS WHEREOF, the Engineer and the Owner do hereby execute this Amendment 9 to the Agreement. CITY OF ENGLEWOOD By Title Date BROWN AND CALDWELL, INC. By Title Date , Amendment9 11/1912003 Paae 3 of8 EXHIBIT A CONSTRUCTION ENGINEERING SERVICES -PHASE 2 I. SCOPE OF ENGINEERING SERVICES II. Engineer agrees to perfonn additional tasks described in "Section III. entitled Construction Engineering Services. " SCOPE OF OWNER PROVIDED SERVICES Owner agrees to provide facilities and equipment, and to perform services in connection with the construction Phase services, which arc particularly described as follows: A. Approve and pay acceptable progress payment requests. B. Maintain the Owner's project accounting system to collect and track project income and expenses. C. Provide legal services for the Owner related to required contracts, permits, insurance certificates, rights-of-way, interagency agreements, and construction dispute resolution, if required. D. Approve acceptable change orders. E. Initiate Owner requested changes. F . Monitor contract provisions for affirmative action, insurance coverage, and other related activities. G . Provide available information related to the Project. H. Provide direct communication with the Colorado Department of Health and the U.S. Environmental Protection Agency regarding the Project. I. Designate an Owner representative to provide timely direction to Construction Manager and render Owner decisions. J . Award construction contracts. Actions will include assistance in receiving the required contractor documents, issuing notice of award, executing the construction agreement with the successful contractor, and issuing "notice to proceed". H·IADMIN\ConlnlcU\Phuc 2 COIIJtnlCIJon Mp~.9 Phw 2 ~ m I I doc Amendment9 11/19/2003 Page4of8 ' ·• ..• • • ill. CONSTRUCTION ENGINEERING SERVICES Construction services shall commence after written notification by the Owner and completion of the construction contract documents, and shall end with submission of a project closure report within 30 days of substantial completion of the construction contract The scope of services is for a 48-month construction period with milestones detailed in the Phase 2 Contract documents. The scope of work for engineering services to be provided by the Engineer under Construction Services includes: Task 1.01 Management. Project Management includes assignment and supervision of project staff, project coordination, planning and monitoring of construction management work budget and schedule, correspondence with the Owner or others, and preparation of a monthly status report and invoice to the Owner. This task also includes assistance to the Owner with respect to developing changes in Scope of Work and general contract administration. This task includes coordination of independent consultants for architectural work, materials testing, surveys, other specialty services during construction, and advise the Owner regarding impacts to project schedule, cost, or plant operations. Engineer shall develop a contract administration manual at the initiation of construction to establish procedures for administration of the construction contract, and distribute to Owner and Contractor. Task 1.02 Construction Scheduling. Monitor Contractor's monthly updates of cost-loaded construction schedule and provide comments to Contractor regarding conformance of his schedule with requirements of the project manual. Monitor Contractor's actual progress relative to his planned construction schedule and provide a monthly update to the owner . Task 1.03 Progress Payments. Revi ew and recommend Owner action on contractor progress payments. Meet with the Contractor monthly to review and update actual status of cost and time . Recommend to the Owner the progress payment amount due to the Contractor. H.IADMIN\Contracts\Pnase 2 Construction M~-9 "'-2 COlllll'IIClion .........-.c1oc Amendment9 11/19/2003 Page S '>fB • • Task 1.04 Submittal Review. ngincer shall review detailed fabrication and erection drawings, and laboratory, shop, and mill test reports for materials and equipment submitted by manufacturers. Engineer shall determine whether proposed installations, materials, and equipment comply with the specifications. Engineer shall respond to each submittal by marking it no exceptions taken, accepted as noted, revise and resubmit, or rejected. Owner shall receive one copy of all accepted test results, drawings, and reports. Product data submitted by the Contractor without specific questions or deviations will be filed for reference without review as specified in the construction contract docwnents. A total of 600 submittals with 400 subsequent submittal reviews are included in this task. Task 1.05 Information Requests. Receive and respond to written information requests regarding clarification of design and unknown or changed site conditions. A total of 1,200 Requests for Infonnation (RFI's) are included in this task . Task 1.06 Change Onlen. Review proposed change orders and proposed contract modifications (PCM's) to verify confonnance with the design intent and evaluate cost effectiveness. Initiate change orders where required to clarify or modify the design to suit field conditions. Following procedures established in the Contracts Administration Manual, negotiate and administer change orders. Prepare cost estimates and negotiate with Contractor the validity, cost, and time of change orders, time extensions, and claims. Maintain documentation and records of the status of changes, time extensions, and claims. Assist Owner to establish a reasonable change order contingency fund, and to establish appropriate change order approval authority for the Owner's Representative, and the Engineer. A total of 400 PCM 's are included in this task. Task 1.07 Construction Documentation. Maintain detailed project records and documentation. Such records include correspondence, schedules, submittals, product data, payments. change orders, photographs, meeting minutes, and clarifications . Establish and maintain system for tracking Contractor submittals, product data, schedules, manuals, requests for information, correspondence, and other documents. The Construction Manager shall review for contract compliance the construction record drawings on a bi-monthly basis Amendment9 11 /19/2003 Page 6 of8 t . . • • and make a recommendation to approve or withhold a portion of progress payments. Upon final completion, the Construction Manager shall review the final sets of construction record drawings for contract compliance and recommend approval of payment or the withholding of retainage. The Engineer shall determine "critical" locations that are needed for future projects. The dimensions for these "critical" locations shall be verified by the Construction Manager and noted on the final construction record drawings. Task 1.08 On-site Monitoring and Start-up Services. Provide full-time field personnel to monitor general conformance of Contractor's work to plans and specifications. Field personnel shall include a construction manager, assistant construction manager, resident engineer, minimum of two inspectors, and a secretary. Arrange periodic tours of work under construction for Owner's operations staff. Notify Owner and Contractor of nonconforming work and provide appropriate direction to Contractor as directed by the contract administration manual. The Engineer and CM staff shall assist the owner with start-ups of each process area. This includes review and approval of the general contractor's start-up plan, assistance with coordination of plant outages and tie-ins, and supervision during scheduled outages. Task 1.09 Design Team Site Visits Site visits by the project manager or project engineer, and other members of the design team, will be made periodically to observe the progress of the work and to advise the Owner and construction manager concerning conformance of the work with the original design intent Task 1.10 Supplementary Design. Prepare supplementary drawings to respond to actual or changed field conditions . t , . Supplementary drawings will be prepared by the Engineer needed to provide additional ,. details for construction and to communicate proposed changes to the Contractor. This task includes supplementary des ign for omissions or Engineer requested changes and does not include owner requested design changes or value engineering changes requiring an effort of more than 8 hours for each occurrence or exceed a total of 100 hours for the project. Amendment9 ll / 19/2003 Page 7 of8 • • Task 1.11 Progress Meetings. Establish, conduct, document, and monitor the follow-up of weekly job-site meetings. Representatives of Construction Manager, Engineer, Contractor, and others that the Engineer invites will attend the job meetings. Ownu attendance at job-site meetings is optional. Engineer will meet separately with the Owner in conjunction with site visits described under Task 1.09. Tuk 1.12 Completion. Conduct inspections for each process or functional area of the Phase 2 facilities defined in the project description. Prepare and issue detailed lists of incomplete work to Contractor upon substantial completion of each major process area that must be completed prior to final acceptance of the work. R.econµnend to Owner the dates for substantial completion and final completion. Assist Owner in obtaining required manuals, guarantees, record drawings, and other documentation from Contractor. Engineer shall prepare a project closure report with 30 days of substantial completion. Amendmcnt9 11/19/2003 Pqc 8 ofl AMENDMENT 10 TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN BROWN AND CALDWELL AND CITY OF ENGLEWOOD FOR PHASE 2 -PROGRAMMING AND RECORD DRAWING SERVICES THIS AMENDMENT NO. 10 to the Agreement, made and entered into on this day of 2003 by and between the City of Englewood, herein collectively referred to as "Owner," and Brown and Caldwell, a California corporation, authorized to provide engineering services in Colorado, hereinafter referred to as "Engineer". WITNESSETH: WHEREAS, the Cities of Littleton and Englewood have entered into a joint use agreement which describes each City's respective rights in and responsibilities for the ownership and operation of the Littleton/Englewood Wastewater Treatment Plant (WWTP) pursuant to which agreements and contracts may be administered by Englewood on behalf of both Cities; and WHEREAS, Owner and Engineer entered into an Agreement on March 29, 2001 to provide professional engineering services in connection with implementation of Phase 2 Littleton/Englewood WWTP Expansion, herein after referred to as the "Project"; and WHEREAS, Amendment No. 1 was executed on October 5, 2001 to provide engineering services associated with the Design of Phase 2; and WHEREAS, Amendment No. 2 was executed on October 5, 2001 to provide engineering services associated with the Design of the Disinfection Improvements; and WHEREAS, Amendment No. 3 was executed in May 2002 to provide engineering services associated with the ·Standby Generator at the Headworks Facility; and WHEREAS , Amendment No. 4 was executed in May 2002 to provide engineering services associated with the Wastewater Utility Plan; and WHEREAS , Amendment No. 5 was executed in June 2002 ·to provide engineering services associated with a Process/Value Engineering Workshop, an Advisory Committee Workshop, and a Joint City Council Meeting; and WHEREAS , Amendment No. 6 was executed in August 2002 to provide engineering services associated with a Denitrification Field Visit to Germany and Malmo and to provide reimbursement costs . H.1ADMIN'Contracts\Ph-2Daipl(EI) Amcndmenl·IO (l'roplmm1111)l l_OJ .doc Amendment 10 November 20,2003 Page 1 ofS • • 0 ·• • 0 WHEREAS, Amcmdmmt No. 7 wu cxecuied in Scptemba' 2002 to provide engiomina .-vices llllOCilm,d with Construction Managernmt Savic:es -Diainfectioa, Desiga Coolnct Additions 111d Subtractions, Denitrificalion F.:ilities Design and Dcwlopment of Preliminlry Effluent Limits. WHEREAS, Amendment No. 4-A wu excc:u1ed in December 2002 to povid,e mqpneariDa laYices IISIOCiated with additional mapping 111d preliminmy cftlucat limit taab auocimcl with the wutewafer utility plan. WHEREAS, Amc::odmc:ot No. 7-A wu c:xecut.ed ia May 2003 to provide eqineeriaa avk:es IIIOCiaied with additicaal desip for Pbue 2 titled, Desip Commct Additions ad Subnctirm. WHEREAS, Amendment No. 8 was executed in October 2003 to provide eagiDarina avicca IIIOCia1lecl with Ammonia Bypim line. WHEREAS, Amendmmt No. 9 wu execu1lld in December 2003 to provide Pbue 2 Conmuction Services. WHEREAS, 1be Owns, afbir c:oasidmna 1be P.aplecr's n,queat made to 1be WWTP Superviaary Committee Oil November 20, 2003 has determined to reimbane 1be &aimer for the rcquiled services pcrfonned UDder the terms 1111d conditions set forth hereafter; NOW, THE.RF.FORE, Owner and Engincc:r ape to ammd the Apec:mmt u follows: L SCOPB OP ENOINEERJNO SBR.VICBS . Ol,jectne: To provide propamming 111d ?ec:ord drawiq lm\'icel mociuld with the Pbue 2 plant expansion. Tbil emencbneot is delailed in Exhibit A. n COMPENSATION For these 9el'Vices desm'l,ed in Exhibit A. which are to be J*bmed 1,y.1be F.npiecr, Owner apes to pay, and F.ngineer agrees 1D ICCept COIDp'DIIDlll of a Wlllp 11ml price of $2,094,900, -Two million, ninety-four thoawnd, Dim buadrecl dollln. The compemation is to be paid ia SI equal monthly diabmlllDIIIII ....... IDOlllb of the gau:nl contractor's notice to pQCNd is ...... Ccaqimllfillll .. avm not coven,d in Exhil,it A, shall be• agreed upcm by 1be Owns and &peer ad• bib in an amendment to this Aarcem,ent or under a scpmm Tlllt Older ~ If 1be Owner cbooees to delete 9CMCCS, 111a f.nliaec:r sball adjUII the total oomp NP'ae • IIIVeecl upon by the 0wmr ad Eaaineer and let fmtb in m PT t• IO lbia Aprmmt. Payment will be • apeciW in Article VI "Cr.aql • """1f' of 1be Ap,emmt. A. , .. 10 NovaDNr 20,l003 ... 2ofS .. .. • t • I ' • • IN WITNESS WHEREOF, the Engineer and the Owner do hereby execute this Amendment 10 to the Agreement CITY OF ENGLEWOOD By Title Date BROWN AND CALDWELL, INC. By Title Date AlllfflCbnent hl November 20,2003 Pap3of5 EXHIBIT A PROGRAMMING AND RECORD DRAWING SERVICES-PHASE 2 I. SCOPE OF ENGINEERING SERVICES Engineer agrees to perform additional tasks described in Section m., entitled "Construction Engineering Services." II . SCOPE OF OWNER PROVIDED SERVICES Ill. Owner agrees to provide facilities and equipment, and to perform services i.n connection with the programming and record drawing services, which are particularly described as follows: A. Provide available information related to the Project. B . Designate an Owner representative to provide timely direction to Engineer and render Owner decisions. C. Provide timely review of Engineer submissions and requests for information needed to proceed with programming. D. Provide timely review and approval of Phase 2 field as-builts. RECORD ORA WING SERVICES AND PROGRAMMING Services shall commence upon the Phase 2 Notice to Proceed. Meetings detailing control strategies and other information to be approved by the Owner shall be completed prior to the scheduled control implementation needed for start-up. The scope of services is for a 48 month construction period with milestones detailed in the Phase 2 Contract documents and shall be completed 90 days following Final Completion, 51 months total. The scope of work for engineering services to be provided by the Engineer under Amendment 10 includes the work products detailed in spreadsheet Attachment A and generally described as follows . Task 1, Record Drawings-. 1.01 Project As-Builts. This task includes engineering services to produce Phase 2 record drawings in the AutoCAD format. The Owner shall review and approve the Phase 2 field as-built provided by the construction manager and general contractor. The general contractor will submit these marked-up as-builts at interim dates per the contract documents. Within 90 days following the Owner's approval, the Engineer will then convert the drawings to AutoCAD and submit to the Owner for final a pproval . This task includes the drafting for 900 Phase 2 contract drawings (as- built). The Engineer will provide the owner 5 CD's and 5 sets of half size drawings . The general contractor as required in the contract documents will provide Amendment l 0 November 20 ,2 003 Page 4 of 5 ' .. .. • ,.,1 • • instrumentation drawings and other equipment, piping and lighting drawings. The Engineer will submit these with the final as-built drawings as a complete set. This task does not include any modifications to these drawings. Completion of this task shall be within 90 days of the Phase 2 final completion. Task 2, Programming. Integration services shall include the following tasks and deliverables: 2 .01 Expand existing and develop new PLC, HMI and historian planning and programming standards as required to facilitate NWRF programming. Standards will be developed and issued for client use on this project and to guide programming and development for future work. 2.02 Write or re-write standard subroutines, data structures, logic modules for 9 PLC module types and 18 process equipment types. Programming will be based on the use of replicated modular code. 2.03 Configure controller, 1/0 and data communications hardware and firmware for 12 process PLC systems as shown on the project drawings. 2.04 Implement functional programming for the 12 PLC systems using the modular logic previously developed. Coordinate with the vendor PLC systems for 7 major vendor supplied systems and 30 minor vendor systems to pass specified control and monitoring data across Ethernet communication links. Field coordinate with system vendors during startup. 2 .05 Configure process control system (PCS) network switches including fault tolerant fiber & copper loops. This does not include any work on WAN/LAN systems other than the PCS network. 2 .06 Configure HMI tags, displays, alarms and controls. Includes 63 base graphic screens, 127 device specific pop-up screens and 93 utility/HV AC screens. The same HMI system will be implemented at all locations without specialized local configuration. 2.07 Define manage and migrate approximately 15000 tags to the historian. Process reports from the historian arc not included in this scope of work. 2.08 Attend 20 construction coordination meetings for programming and checkout coordination spread over the period of construction. Compl etion ot' this task shall be 90 days following Phase 2 final Completion. H \ADMIN\Conuacu\Pbm&IDaianl(EI) "-'dal&al-10 (~I 1_03.doc Amendment I 0 November 20,2003 Page 5 of5 t . ., . • • -= - COUNCIL COMMUNICATION Date December 15, 2003 Agenda Item .. J.tilJ . Subject Procurement Agreement with Advanced Utility Systems for Utility Billing/Customer Information System INITIATED BY STAFF SOURCE Information Technology Department Utilities Department COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Don Ingle, Director of Information Technology Stewart Fonda, Director of Utilities Replacement of the City's legacy Utility Billing System is included in the City's Strategic Information Systems Plan approved by Council in 2001, and addresses the goal of ensuring the continuity of, and enhancement to, Utility services given the looming loss of support for the current system. RECOMMENDED ACTION It is recommended that Council appr e execution of an integrated procurement, software licensing and support agreement with ance ti 1ty Systems Corporation for the purchase and implementation of a new Utility Billing and Customer Information System . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Utility billing software is key to the ongoing operation of City Utility functions. The system ensures accurate and timely billing of the Utility's many services, including water, sewer, storm water, interceptor basin, concrete, and maintenance fees for outside connector districts all covering nearly 43,000 accounts. The current system, designed and built by in-house staff more than 20 years ago, is increasingly unsupportable given its advanced age, lack of remaining support for the underlying programming languages, looming loss of hardware support, and limited remaining internal knowledge of the programs. As such, replacement of the Utility Billing System following replacement of the City's financial system was id entified as a key goal in the City's Strategic Information Systems Plan approved by Council in 2001 . The City has been through two procurement processes in the past two years. The first attempt, done concurrent with the bid for a new financial system for the City, resulted in what staff felt were inadequate proposals . A second, separate RFP began in 2002. As outlined in the attached recommendation memo, a l engthy and detailed evaluation process resulted in the identification of three nationally known finalists: Advanced Utility Systems, Harris Computer Systems, and SCT, Inc. Based on a combination of system functionality, cost, business partner fit and technical evaluation factors, Advanced Utilities is being recommended . Particularly important is the ability of the software to address specific and un ique billing requirements of the City (e.g. several thousand individual residential water rates, ou tside age ncy billing requirements, etc.). In addition, Advanced Utility's proposal was the lowest of the three finalists by a magnitude of nearly 60% (initial capital plus ongoing maintenance costs). With the ., t . .., .. • • assistance of the City's outside software licensing attorney, review of the company's business status proved positive. The product is also in conformance with the City's technology standards which emphasize non- proprietary elements. Lengthy contract negotiations with Advanced Utilities have taken place resulting in development of a firm, fixed price agreement that includes positive terms in the areas of retainage, performance metrics, system testing and acceptance protocols, and insurance requirements. If approved by Council, it is estimated that the implementation will take approximately eleven months to complete. The system justification, funding plan and the major contract terms and conditions were reviewed and affirmed by the Englewood Water and Sewer Board at their meeting in late-August FINANCIAL IMPACT As further outlined in the attached memorandum, the project budget is $950,000 with hardware and software anticipated to be funded via a lease/purchase agreement, which has been the City's past practice with projects of this nature. The Advanced Utility System contract cost under consideration is $616,500 for software licensing and implementation services ($135,000 for software licenses; $429,000 for services induding implementation, training and software customizations; and, $52,500 for interfaces to our financial, mapping and water meter systems.) Hardware and underlying database software for the new system is being purchased separately (vendors of large enterprise software packages do not typicaliy supply hardware and database software since their systems are able to operate on multiple platforms) at an estimated cost of $233,500. Including a project contingency, estimated project costs are within budget LIST OF ATTACHMENTS Memorandum to City Manager Sears recommending approval of agreement with Advanced Utility Systems . Memorandum from Terry Maher of Baird Holm LLC (City's software licensing attorney) recommending ap prova l of agreement with Advanced Utility Systems. • • CITY OF ENGLEWOOD u (J 1000 ENGl.£WOOO PARK.WAY, ENGLfWvOD, COlORAOO 80110 , (303) 762-2300 INFORMATION TECHNOLOGY DEPARTMENT MEMORANDUM To: From: Date: Subject: Gary Sears, City Manager Don Ingle, IT Dlrecto~ ~ ,1 L,{/ Stewart Fonda, Utilities Director~ December 5, 2003 Approval of Software Procurement Contract with Advanced Utility Systems, Inc. Recommendation It is recommended that Council approve the execution of an integrated procurement, software licensing and support agreement with Advanced Utility Systems Corporation of Toronto, Canada for the purchase and implementation of a new Utility Billing and Customer Information System. Background Replacement of the Utility Billing system is a key element of the Strategic Information Systems Plan approved by Council in 2001. The current system -designed and built by a ieam of in-house staff more than 20 years ago -is increasingly unsupportable given its advanced age, lack of remaining support for the underlying programming languages, looming loss of hardware support, and limited remaining internal knowledge of the programs. Maintaining Utility cash flows and overall continuity of services requires that the City procure a new system . In 2001, the City began the process of selecting a new Utility Billing/Customer Information System to replace the legacy system . The original RFP -which was combined with the procurement of a new financial system -did not provide the breadth and depth of responses required to perform a thorough analysis of vendor offerings in terms of product functionality and associated costs. A second and separate RFP was issued in late 2002 that garnered a much better response . The vendor pool was narrowed to three finalists : Advanced Utility Systems, Inc., Harris Computing and SCT, Inc. Following extensive review of the vendors' responses to the more than 700 functional and technical requirements included In the RFP, two separate on-site scripted demonstration visits required of each vendor, and live visits to customer sites, the search team recommended the selection of Advanced Utility Systems. t • • f!J. The products and services offered by Advanced Utility Systems were felt to provide the best balance of needs as represented in the City's selection criteria: 'Functional Fit' of the software to meet the unique computing needs of Englewood Utilities both now and into the future; a 'Business Partner Fit' that confirms the stability of the company, Its successful client base, and Its ongoing system support capabilities; 'Technical Fit' that emphasizes secure, standards-based computing capabilities that are compatible with other City systems; and, ·costs· (both one-time capital and ongoing maintenance related) that are justified based on the product capabilities and the associated services offered. Note: Advanced Utility System's cost proposal (purchase plus first year's maintenance) was the lowest of the three finalists by a magnitude of nearly 60% compared to the closest vendor. A key factor in the selection of Advanced Utilities has been their ability to accommodate many unique, yet critical, Englewood billing system requirements. For example, the City's residential water rate structure includes several thousand unique and individual rates based on a structure developed in the 1950s. Advanced Utilities' ability to efficiently accommodate this and a number of other unique operating requirements of our Water/Sewer Utility (many written into longstanding ordinances) added to the desirability of their functional and cost proposals. Those vendors willing to accommodate these unique needs did so with a requirement for significant software customizations and significantly added cost. Contractual Issues Since the initial selection recommendation was made to Utilities Department management, the project team has been actively engaged in contract negotiations with Advanced Utility Systems covering the overall procurement agreement, software license terms and ongoing support. The project team pursued negotiations with Advanced Utility Systems that emphasize the following major points: Contract Element "Firm, fixed price" contract Inclusion of Detailed Comments Many software proa.irement contracts are left open-ended with regard to hours required to provide the desired products and functionality. This often occurs because the customer (and, indeed, the vendor) is not certain how it wishes to use the software given lack of familiarity with the product. The City is following a different approach. Given the detail that already exists behind our system requirements, we have required that the contract's software and service costs be a "firm, fixed price". These software and services costs are typically the most volatile in a software implementation. The City has negotiated with Advanced Utility Systems to optimize the number of software license the City will need to purchase in order to effectlvely use the system, optimize the amount of time required to effectively Implement and customize the roduct, and define a viable tra n for C US8f'I. . ... .. ,. i • .. t .. • • •• • • 0 Functionality Requirements be signed off by the City before the system is accepted . These scripts, derived from the vendor's claims from their RFP response, are key aspects of the contract. They ensure a strict process for including the City's exact functional software needs in the acceptance phase, while holding the vendor accountable for functionality claims. Retainage The City feels that the release of progress payments should be related to the satisfactory completion of major milestones. For example, payment for the ·out of the box" software does not occur at once. Rather, it occurs incrementally as the software is installed, tested and training occurs. Also, by the time of system acceptance, we felt we should be retaining 15% of the total contract cost for software and 10% for services in order to better ensure compliance with final acceptance reauirements. Insurance Requirements The City has negotiated to require the vendor to carry liability and ·errors and omissions" insurance in excess of the contract ' amount. Many customers negotiate insurance only to a level that covers the cost of the software licenses in case of vendor default. Realizing that the true costs of an implementation must include "soft" costs {lost time dedicated by the customer, etc.), the City has pursued insurance amounts $250k greater than the software purchase cost. To assist in the negotiations, the City used the sef'Vices of Terry Maher of Baird Holm LLC, a well-known attorney specializing in software license contracts. Mr. Maher has assisted the City with important software negotiations in the past. His recommendations regarding this project are attached. Project Costs The project was budgeted at $950,000 . The Advanced Utilities contract includes the majority of the project's costs ($616,500 for software licenses, implementation services and automated interfaces to other City systems). Ha rdware and underlyi ng database software for the new system are being purchased separately at an estimated cost of $233,500. (Vendors of large enterprise software packages do not typically supply hardware and database software since their systems are able to operate on multiple platforms). Staff proposes to use the Oracle database software already in place with the new Utilities package . Oracle is frequently used for high-volume, high-transaction database needs in Ut ility environments . As a result, we are able to leverage economies of scale from our exist ing use of the City's Oracle hardware and database platform, avoiding the need to purchase a completely separate system. This approach will also enhance the disaster recovery abilities of both the City's financial and Utility Billing systems . (Note : The system hardware will be procured via a separate, competitive process .) ' .. .. • Project Cost Summary: Budget Advanced Utilities Costs Software Licenses Implementation Services Software Interfaces Sub-Total: Advanced Utilities Costs Hardware and Associated Database Software 10% Contingency and Expenses Project Total (including contingency) $950,000 $135,000 $429,000 ~ $616,500 $233,500 $100,000 $950,000 In keeping with past system procurement projects, it is expected that the software and hardware costs of the system (estimated at $421,000) will be handled through a lease/purchase anangement. Summary The process staff has undertaken to arrive at this recommendation has been lengthy and detailed -reflective of the criticality of a successful Utility Bllllng/Customer Information system implementation. We feel the amount of time required to negotiate the contract was worth the favorable contract tenns we were able to obtain. A significant amount of work faces the project team given the size of the Utility's account base (more than 43,000 accounts), the number of business process to be converted, and the new system capabilities to be learned. With Council approval of the Advanced Utllty Systems contract, the project wlU commence on January 5, 2003 and the system Is anticipated to be 1ive" by the end of November 2004. , BAIRD HOLM ATTORNEYS AT LAY MEMORANDUM TO: Dan Brotzman , Esq . FROM: Terry Maher DATE: December 4, 2003 RE: Advanced Utility Systems 1500 Woodmm Ta-- Omaha, Nrbnob 61102.2068 Telq,boae 402 344.o500 Facsimile 402 J.44.o581 Submitted with this memorandum are final drafts of the Procurement Agreement, Software License Agreement and Software Maintenance and Ser,,ices Agreement with Advanced Utility Systems (AUS) for the utility customer information system. We have undertaken exhaustive negotiations with AUS and we believe that the agreements which have resulted from these negotiations adequately protect the city's interests in this procurement. We made significant progress and received significant concessions from AUS on their original positions regarding scope of use, warranties, staffing, indemnities and limitations of liability. In my experience in negotiating similar agreements with other major providers of CIS systems, the provisions contained in the final agreements are consistent with what we could expect from the other vendors, given the size and complexity of the project . ' In analyzing the final agreements with AUS, we procured copies of the AUS agreements for CIS projects with the cities of Bellevue, Washington and Everett, Washington. In each case, the terms offered by AUS to the city in the final agreements were as good or better than the terms in the Bellevue or Everett agreements. As part of our review, we also investigated two situations where it appeared that th e contracting party was having issues with AUS with respect to the implementation of the CIS project , one with Ottawa Hydro and the other with a municipal utility In Texas. In the Ottawa Hydro project, it appears that the main issue had to do with significant customizations to the system that the project called for to address the unique requirements of the customer. This is not the case with the city's procurement, where little or no customization is contemplated. In the Texas situation, it appears that the d ifficulties stemmed from cost overruns (and not product or performance Issues) primarily arising from problems on the city's side in scoping the project and the abilities of t he city's project manager to manage the implementation of the project . B A IR D, HOLM, M C E A C H £ N, PEDERS EN, HAMANN lie ST RASH I! IM LLP . ' .. ·' .. • • Dan Brotzman, Esq . December 4 , 2003 Page2 As you know, it would be nice to have a performance bond for the project, however, the current environment in the bond market makes these next to Impossible to procure performance bonds, and the costs of procurement would be passed on to the city, if it were possible to procure a bond . Don Ingle has negotiated a payment schedule and retainage provisions which tie payments to the successful completion of milestones, and this should go a long way towards mitigating the risks of not having a performance bond . Final details are being resolved on the scope of work and the milestone payment schedules. Once these items are finalized, I believe the agreements are In acceptable form for presentment to the council. TPM/lpm 00CS/583508.1 cc: Don Ingle B A I II. D , H O L M , M CE AC H E N , Pl D IE l S l N , HA MAN N llt 5 Tl AS H l I N LLP , • • A copy of the "System Procurement Agreement Between Advanced Utility Systems Corporation And The City of Englewood, Colorado" is available at the office of the City Clerk of Englewood and on the City of Englewood Website. SOF 2003 A RESOLUTION SPECIFYING AID TO OTIIER AGENCIES FOR 2004 BY THE CITY OF ENGLEWOOD. COLORADO. WHEREAS , the City Council of the City of Englewood, Colorado dilcUSICd the appropriatio111 to other agencies for the year 2004 at the Study Session on December 8, 2003; NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-The following designatio111 arc hereby made to the appropriatiOIII in the 2004 Budget of the City of Englewood, Colorado for aid to other agencies; SOURCE Of fUNQS · Total 2004 Budget for Aid to ocher Agencies PESIQNATIONS R>R USE : Metropolitan Mayors and Commissioners Youth Award Coun House Inc . Doctor's Care EHS After Prom Hospice of Denver Special Olympics Program Gateway Battered Women's Shelter Inter-Faith Tuk Force Up Oose and Musical Arapahoe Philharmonic Englewood Cultural AIU Celller Alloc, Town of Littleton Cares/Meala oo Wheela Total $30,000 .00 S 500.00 S 1,000.00 S 1,000.00 S 500 .00 S 1.000.00 S 1,000.00 S 1.000.00 $15,000 .00 S 3,000.00 S 1,000.00 S 500.00 . $ 400000 $29,500.00 ~. The foUowing designation is hereby made to tbe appropriations from tbe 2003 Budget of the City of Englewood, Colorado for aid to ocher qencies; Food Bank of the Rockies S 2.000 .000 ADOPTED AND APPROVED this 15th day of December, 2003 . ATTEST : Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis , City Cleric for tbe City ofEqlewood, Colorado, hereby certify tbe abo ve is a true copy of Resolution No ._, Series of 2003 . Loucrilbia A . Ellis, City Clerk -· 1. 2. 3. Call to order .zL.m. Invocation ~Mdcfu Pledge of Allegiance ~I~ 4. Roll call Members: ·• • • <""' I I tJ City Council Meeting ~IS.03 ' _7 ___ present _____ absent 5. CC 1i-/i..,,11f8 minutes • ~- ' .... . • • • • • • r-_J·--. '.l ;jC)~~ ~gyi} sµ ' ~trfJ t,ld' ., .. . • •