Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2002-04-01 (Regular) Meeting Agenda Packet
-·• • • .. ' ..... • . . ...... ... .. ·. . . : ·,. t \ . ' . w .,. ... II • •,. •. I .. . ' .. " •. 'It .~ • • !• ~ • •• • ' ,·,,. . . .. --:;, . . ~ • ,··-i,_J . ' . ~ . _____________ __,,__!•:..:.:"....:·.....:· ·..:...· . ..:..'_:_...:___._ ........... _ ...... ,,;~~ Regular City Council Meeting A~2002 Ordina nce 03, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 Res o lution II Y, /. 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58 • If • ' ., .. 0 •• . " • .I-, •· • ENGLEWOOD CITY COUNCO.. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO April I, 2002 I. Call to Onler The regular meeting of the Englewood City Council wu called to order by Mayor Bradshaw at 7 :30 p.m. 2 . lavocatlon The invocation was given by Council Member Nabbolz. 3. Pled1e of Alleslaace The Pledge of Allegiance WU led by Mayor Bradshaw. 4. Roll Call Present: Absent: A quorum WU present . Alto present: 5. Minutes Council Members Nabbolz, Moore, Gnzulil, Oanett, Woloayn. Yun:bick, Bndsbaw None City Mama-Sean City AIIDnley Brolzmln City Clnt Ellil Deputy City Clerk White Mmager of Open Space Lee Director Eaton, H11111111 Resourca Director Fonda, Utilities (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED. TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCO.. MEETING OF MARCIi ii, 2002. Motion carried. Ayes : Council Members Nabbolz, Moore, Garrett. Woloeyn, Yurcbick. Grazulis, Bradshaw Nays : None 6 . Scheduled Vlliton TheTe were no scheduled visitors. 7 . Umclledulecl VWton (a) David Petenan. 4287 Soudl Gallpaao, uid i. would lib Ill talk ... die pnipoad d&is licensing . I do not see that there is any need for additioa1 lie--., be uid. 11llere are .......... for rabies tags and so forth and aU of this SIUff' is bciDa ovencen by y,our Code ~ • il ii. l mw llad Eaakwood City Council April 1, 2002 Pace2 contact with them about my dogs in the past, he noted, and they didn't seem to have any trouble finding me when it came to having trouble with my dogs . I don't see that licensing the dogs is going to help them all that much in that respect. He pointed out that the dogs they are having problems with probably aren't going to get licensed anyway . It is only putting a burden on the people that are law abiding . Mayor Bradshaw thanked Mr . Peterson. (b) Mayor Bradshaw noted that the City Clerk gave each ColUICil member a copy of a handout from James Goodrich. Mr. Goodrich, 2890 South Logan Street, staled that the handout includes a copy of the Colorado Slate Statutes§ 2S-4-600's. As I urulentand it, he said, the proposal wu to help control the animal population in Englewood . I can find no evidence, from anyone with this son of regulation, that this requimneot bu helped control the population. He pointed out that the Colorado State Statute deals with disease control, primarily through the rabies tag requirement and, through this rabies tag identification system. we have an enforcement piece that goes along with it. That enforcement piece gives the Code Enforcemenl offic:en, health officers and just about anybody working for the City of Englewood, the right to issue a IIIJIIIIIODI for any type of dog disturbance . If they don't have a rabies tag. if they are not identified, then they can iuue that sllJIIIIIOIII. Any time they go into a pound, or anyplac:e ebe, this ncceuitates that they co~y with the state law concerning rabies inoculations . So, he opined, there is abeolutely DO need to crate any type of additional enforcement, registration or anything else . A sin.,le phone call by a Code Enforcement officer, or City manager or director, can clarify whether or not that is a valid dog in this area . If it is DOI tagged, Code Enforcement has the right and obligation, by State law, and through City laws and ordinances, to go ahead and iq,ound that animal. So it is all cut and dried and easy. Mr. Goodrich noted that the Code Enforc:ement Coamitlee bu been dealing with this since December and it bu taken up quite a bit of their lime. I aamded oae meeting, as a guest, and it took up 75% of that meeting. I feel that they saw wbal they feh was a problem and they approached it diligently . I know that the menilen of that committee lave done everytbiDg in their power to bring Council the information needed to make your task easier. Bua I think, be said, wbal you need to do is put an end to this and say thank you, the deed is well done, now move on. He thanked Council. Mayor Bradshaw thanked Mr. Goodrich . (c) Jane Coleman. 3901 South Galapago, said she wu here rq,raenting the Jason Pult Social Club. We have a lot of people participating in the off-leash program at J&IOII Park, she said, and many mornings we have between ten and twelve dogs off-leash. with the owners nearby. Our clop are under voice control , with their leashes . I do feel that the public should be made aware that, she said. In the off'-leuh parks, the dogs are not just running helter-skelter. The ownen are nearby and they do have to be under control. It really and truly is working, she said . I went to the Washington Part off'-Jeub thing they bad, a week ago Saturday, and I talked with a woman who is one of the plannen for Denver and she said they are us ing Engl ewood as a pattern for the City of Denver off-leash program. So they are watching us , Ms. Coleman ad vised, and the C ity of Englewood is, again. leading the way and we are doing a good job and it is working. The pet center containers are up . They are the little things that are there with sacks in them and people are using them. We had two more put up last week and they are centrally localed and they are working. People are stopping and picking up thei r stuff and other people 's stuff. Ms . Coleman advised that Council has received the Jason Part Social Oub card and they now lave I weblite. On April..,., the Jason Pule Social Club will be having a clean-up day at Jason Part. she said, and we are invilin& Council. You can come and bring your pooper scooper and your bucket and we will have coffee and donub and then we will all go out and clean-up whatever is left in the park. Ms . Coleman noted that she can ~y auat to the fac t that si nc e we got the pet centrrs and s111Ce it bu bem off-leash. al least for J.-Park, it is probably in better condition, trash wise . than it was befatt. Bccaule we all 'WIIII off-leash and we can -ch abolll our dogs that we ue taking care of business, dog busineu. So I Wlllll you to kno w that each of you are welcome and you can become a part of it. We are confidclll that tJiis is a working situation and ii will coatiaue to be a uccess . We '"'Ult to congratulat e Council on your fornigbl and wildom in sccina that the aeed for 111eb •• • ' • • Eqlewood City Coulldl April 1, 2002 Pqe3 parks is here . We are grateful to have them, she said. I want to tell you tbanlt you, tbanlt you, tbanlt you, verynu:b. Mayor Bradshaw thanked Ms . Coleman. (d) Cindy Scott, 3063 South Fox StrHt, said she Wlured to 1111b a few remarks on pet licensing . I also wanted to note, she said, that this wu tbr. fint Study Seuion I have attended where I could hear and I appreciate that. I actually don't have ID objection ID pet licemina in and of itself, she said, but my problem is that I aee it u, primarily, a tool for enforcin& the limit of two clop. I aee a lot of situations where I just find that extremely invuive. It IICCIIII that, partly, the two doa limit uya that there ii no boulebold or property, in the entire City, where a poup of dne dop is ac:c.pllble. Which, Ille stated, is DOC IIUe. She pointed out that when you briJJa home ID animal they do become part of your family and )'OU make I lifetime commitment to them. That commitment may be from 12 IO IS years. easily. Many cities have 1iccmina program1, but, I believe, more often the limits are three to four clop. So one 1ituaaon mipt be that you move from Denver to Enpewood wilh your dne VII')' weU bebawd dop and you are put in a really untenable situation. Penooally I -.ldn 't even move, Ille aaid, because it ii uyina that you, a rapomible per-. mist liccme two dop and hope the Giber one cloem't pc caupt AIIOCber _.-ii, I really wonder about is that you liccme two dop and die dlird one doea bappen Ill pc out .S they have bim at animal control. What happem in that cue? in that acemrio, lbe llicl, I certainly don't tee thil prosram • something that would reduce the rue of Clllbanalia. She dlanked Council. Mayor Bradshaw thanked M1. Scott . (e) Kathleen Proctor, 4279 South Clark-. ml that Ille is a maier, Ille bu been here aeveral months and she baa a q . We have Clljoyed .i-hit, lhe aaid, .S we tried die -II ea.. ..i ii hal been fabulous . I uaually have to IO all die way down Ill Chatfield .S that ii 1-d b -Ill do. I have a doa that likes to run every day . I jult want III uy it hal been..-, Ille aaid, I lib it ud I appncille it. I undenland this bu been ia effect b a 1111111111 ar twv ..i I acaally jull bad 111111 ... ii a few W11b IF· I just want ID uy tbanb far this .' I undenmld daia hal -been clolle bdn, lbe llid, ..i I IWak it ii a great thing. Mayor Bradshaw thanked Ms. Proctor. (I) Elizabeth Fry, 4328 South Acmm Stnet, llill that in the last,-.s a balf, my q .SI have miued three daya at Juoo Park .S that WII bec:aule ofblizrant lib caadilialll. 1-alao a immber of the Juon Park Social Club, she said, .S I will be there 1111 die ,. far ---,. I ~ lib III dllllk you all so much for giving my IS V. year old doa .S myaelf the priviJeae of aoina ID J-Park. It -111 much to me . I feel that is why my doa is this old. He is aa old yellow Labrador and ljlllt can't dank you enough for what you have done for us here . We do appnciate it. She tbanbd C-il. Mayor Bradshaw thanked Ms . Fry . • •••• Mayor Bradshaw asked if there was 1Dyooe ebe wbo wished ID addraa C-il oa any ~ at dlia Im. There were none . • •••• Council Mcni>er Garren said this is a bit out of order, bul hr w.-d Ill .... die plOplt ol 1-""' aad the social club that they have started. This ii MX1 olwhal we -IIDpiat b, • ...... ._ w W heard q s about the park and u )'OU know lbil waa a vsy ~....i..., M6 a lac ol ...... ..-.. on both sides . But , he said, havin& rapo111iblc ptt owam take die .. Ill -. it pnipaly. Ill • ,- ' Enalewood City Council April I, 2002 Paae4 own group, clean up the park, probably, better than it has ever been cleaned up ... theae are the types of things, that I think, actually help the two groups work together. I want to thank you, be said. 8. Communications, Proelanmtlolll ud Appointments (a) A proclamation declaring April 19, 2002 u Arbor Day wu C0111ideml. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO DECLARE APRIL 19, 2002 AS ARBOR DAY. Ayes: Council Members Nabbolz. Moore, Garrett. Wolosyn. Yurchick, Grazulis, Bradabaw Nays : None Motion carried. Mayor Bradshaw presented the proclamation to Dave l...ce, the Manager of Open Space. Mr . l...ce said he just wanted to let Council, and everyone here, know that we are having our Arbor Day Celebration, oar tree give away, on Saturday the 20'". It starts at 8:00 a.m and continues until all the trees are gone. We are holding that in conjunction with Keep Englewood Beautiful. He advised that we are also working that week to tty to coordinate some efforts to do some tree plantiDp at Cberrelyn, Charles Hay and Clayton schools in conjunction with Englewood Schools. He thanked Council . Mayor Bradshaw thanked Mr. l...ce. (b) A proclamation decllrin& the week of April 7, 2002 u Days ofltemembnncc of the Victims of the Holocaust was considered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO DSCLAD THE WEEK OF APRIL 7, 2002 AS DAYS OF REMEMBRANCE or THE VIC11MS or THE HOLOCAUST. Ayes : Nays : Motion carried . 9 . Public Hearin& Council Members Nabbolz, Moore, Garrett. Wolosyn. Yurchick, Grazulis, Bradabaw None No public hearing was scheduled before Council . 10. Consent A1enda COUNCIL MEMBER MOORE REMOVED ITEM ti (e) (U) FROM THE CONSENT AGENDA. ( c) ( ii) A contract with Nova Sound Wall Corporation. in the UDDUDl of $232,692 .00, for the Kent Village Sound Wall wu considered. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED. TO APPROVE CONSENT AGENDA ITEM 10 (c) (U)-A CONTRACT WITH NOVA SOUND WALL CORIORATION, IN THE AMOUNT OF S232,ff2.N, FOR TIU KENT VD.LAGE SOUND WALL Counc il Member Moon: 11ated this is a aood exaq,le of the City and the ~ won-. ..,..._ ID acco1111lish a goal. I think, he said, that this ia jlllt wonb aotina the effort invohed OIi both aidee ofdlil. Enpewood City Council April 1, 2002 Pace!! Council Member Wolosyn stated that she agreed . Mayor Bradshaw said she agreed, absolutely. I think it was delightful working with this group, she said. You guys are awesome and this is long overdue. We are glad we could help. Speaking from the audience, Ruth Steel said she wanted to thank everyone, very nmcb, for 111 of the help and suppon. I also wanted to compliment Ken Ross, she said. He bu been absol111ely marvelous, cooperative, available, helpful and knowledgeable . All of the things that made it move forward . She thanked Mr. Ross . Vote results: Ayes : Council Members Nabbolz, Moore, Garrett, Wolosyn. Yun:hick, Gnzulis, Bradshaw Nays : None Motion carried. Mayor Bradshaw noted the motion passed and construction will begin on the Kent Village SoUDd Wall . ••••• COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I) alld (U), 10 (b) (I), 10 (c:) (I), (Ill) ud (Iv). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO. 8, INTRODUCED BY COUNCIL MEMBER GAllRETI A BILL FOR AN ORDINANCE AUTHORlZING A "LICENSE AGREEMENT" BE'JWEEN THE DENVER BOAllD OF WATER COMMISSIONERS AND THE CITY OF ENGLEWOOD, COWllADO WHICH WILL ALLOW THE DENVER W,A TEil BOAllD TO DRILL A TEST HOLE AND, IF REQUlllED, A MONITOllING WELL WITHIN THE PARK AWNG HARV ARD GULCH, ZUNI AND VASSER [NORTHWEST GREENBEL n. (ii) , COUNCIL BILL NO. 11, INTRODUCED BY COUNCIL MEMBER GAllRETI A BILL FOR AN ORDINANCE AMENDING TITLE 4, CHAPTER 7, SECTION 11, Of THE ENGLEWOOD MUN!ClPAL CODE 2000, PERTAINING TO THE EXTENSION OF THE LIMITED WAIVER OF THE WASTE TRANSFER SURCHAllGE . (b) Approval of Ordinances on Second Readin& (i) ORDINANCE NO . 12, SERIES OF 2002 (COUNCIL BILL NO. 10, INTRODUCED BY COUNCIL MEMBER GAR.RETI) AN ORDINANCE AUTHORIZING THREE CITY DITCH LICENSE AGREEMENTS FOR CITY DITCH CROSSINGS AT OR ABOUT 468S SOUTH MAIUPOSA DRIVE . ( c) Resolutions and Motions (i) RESOLUTION NO . 46, SERIES OF 2002 A RESOLUTION AWARDING A NEGOTIATED CONTllACT FOR. ENGLEWOOD'S 2002 MICRO- S RF ACING PROGRAM INSTEAD OF TIIE COMPETITIVE BID PROCESS UNDER SECTION 116 (b) Enpewood City Coundl April 1, 2002 Pa1e6 OF THE HOME RULE CHARTER AND SECTION 4-1-3-1 OF THE ENGLEWOOD MUNICIPAL CODE 2000. (iii) CONTRACT WITH BROWN AND CALDWELL, IN THE AMOUNT OF $106,095 .00, FOR A WASTEWATER UTILITY PLA)',I TECHNICAL ASSISTANCE AGREEMENT . (iv) CONTRACT WITH TURF & TRAIL EQUIPMENT COMPANY , IN lllE AMOUNT OF $27,102 .00, FOR lllE PURCHASE OF A FOUR WHEEL DRIVE TRACTOR FOR lllE PARKS DIVISION . Vote resultl: Ayes : Council Memben Nabbolz, Moore, Garrett, Woloayn. Yurchick, Gruulis, Bndsbaw Nays : None Motion carried. 11 . Resular A&eada (a) Approval of Ordinances OD Fint Reading There were DO additional items submitted for approval on tint reading. (Sec Agenda Item 10. Colllent Agenda .) (b) Approval ofOrdinancea OD Second Radin& There were DO additional items submitted for approval on leCOlld readin&-(Sec Apnda Item 10. Coment Agenda .) ( c) ResolutioDsand Motions Director Eaton advised that she wu presenlin& a recommendation fiom the Depu1ment of HIIIIIUI Raoun:a to adopt a resolution and a motion tonight. Tbe re10lution is to re-appoilll the poup of Hearina Ofticen !bat we have previously appointed, to bear Merit and Diaciplilllry Appeata. Then, followin& lbal, a llllllioa, ID appoint one of those offic:eni to hear a disciplinary appeal. (i) RESOLUTION NO . 47, SERIES OF 2002 A RESOLUTION RE -APPOINTING HEARING OFFICERS FROM THE LIST OF PERSONS ELIGmLE FOR APPOIN TMENT AS HEARING OFFICERS FOR DISCIPLINARY AND MERIT APPEALS . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGINDA ITEM 11 (c) (I)· RESOLUTION NO. 47, SERIES OJ HH. Ayes : Council Memben Nabbolz, Moore, Garrett, Woloayn. Yurchick, Gruulis, Bradshaw Nays : None Motion carried. (ii) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDID, 1"0 APPOINT RONALD J . COHEN AS THE HEARING OfflCER POil A DISCIPLINARY APPEAL FILED BY BRIAN COUSINEAU. Ayes : Council Memben Nabbolz, Moore, Gama, Wololya. Yurcmck, Gruulis, Bradshaw Nays : None • t:apweod City CHIICII April 1, 2192 Pap7 Motion carried. 12 . Geaeral Ditcllllioa (a) Mayor's Choice ( i) Mayor Bradlllaw said I jllll diink, probably, at this tins, Council needs to llllkc a determinalion if we are going lo go forward widi the licemma issue or not. COUNCIL MDD'ER YURCHICK MOVED, AND IT WAS SICONDKD, TO GO AHEAD WITH THI DOG LICINSING ISSUI AND DITIRMINI HOW AND WHAT WI ARI GOING TO DO AT" nrruu DAT!. C111a:il Mc'*r Nallllob said a dlous)il Council -jlDI 11*'1 IO pt comcna11. Mayor Bndllllllw adviled dial this would be aivml lbnn direclioa ud -· C01B:il Mmlbn Woloayn said we 11e vocias on whetber or DOI we wan, to JO forwud, to just make it ~- Council Mmlbn Yurc:hick said we 11e vocias on whetber it wiU drop line or ao forward 10 ordinance fonnat. Mayor Bradlllaw said !hat is ript We 11e votiJls on wbdber we wan1 lbe Cily Anomey to draft legislation IO go forward wilh doc licmlina. As I llaled before, lhe said, I will be vocias apinsl Ibis. I lbink Ibis is oveM'qulalioa and 1 lllillll rnpmaible ownm 11e rapomible owncn ud I doo't linow that we can legislate mpaibilily. IO 1 will be vocma no. Count ii Mmlbn Gama said llie ~ uo be vocias DO on lhil iaue. 11m -ii a lOU&b .-, be said, and I can 9ft boch sidn. Bui the IWO compellin& -for laving it are vaccinalioa ud for lbe COllll'Ol of our ordinance on how nany pclS you cu lave in your house . On lbe vaccination side, be noled, we hive I State law 1hal says. if we 11H a doc in. ii does DOI lave IO be releucd or lhcre ia I pcmlty to be paid umil tbal dog is vacc!Mled. So I dlall we llave -cownp on 11111. if Ibey-ialo Ille pound. On lbe ocber iuue, be said, whn I lhouaht abclllt llow -Y clop we lbould llave in I ccnain bomebold, my c:onccpt -that Ibis was a tool for nforcnamt purpoHS 11111 a clarificalioa of the Stalulles, so ifthcre wu I problem we would a.ve that. Thal, IO -. -llkilll ii IO I -, dial I -DOI quile ready to take II lbe time I voted for tbat. I lhOllpl ll WII more of ID nforcnnl IOOI, 11 oppoeed IO licelllina. When I tee tbinp tbal show we can ~nrnlr thl$ much profil &om doins dllS. be said, dial disturbs me u to bow ii is being implemented. So I will be v01U11 no. as well C' ,I Member • abholz said she •ould also be votiJls apiml Ibis . I feel, u you have said, that ii is ,envnrnt Strf1>UII IIL I take my --1s lO Ille vet. she said, ud act tbem va.ccinated . I do not hive time IO c tlkm to -IIIOff pace to pt -,cbrr 111. l lbink Ibis would be a very burdensome process, she said, Md di.al • by I ,ull be vOIJlll ao mbn Gn.Nbs wt dut -11y •hm lhe votn on issues widi pros and coos, she wants to know, fa...._ i-. Ille sllould vote. As I doo't feel that widi lhis, sbe said, I will also be lllal 1K does see -meri1 widi Ibis , if tbe polelllial was to decreue tbe I 11111 also ,wy apprecllbve oflbe cilizen'1 committee for malting lbia I pn-U , he wd. would rather, if we are 1oin1 to do lhis, wait, to allow for some IO take bold and see how well they do. ralher dian puttina ye1 IIIOCber lhin& out t • • EnaJcwood City CouncU April I, 2002 Pa1e8 the~. So, he said, I would rather see deferment of the issue. But, he noted, those ~ some of the issues that I am thinking about. Council Member Grazulis said deferment is good. Can't we bring this back at another time? Council Member Nabbolz said I think wc need to put it to rest. I think the Code Enforcement Advisory Conunittcc has worked very bard on this, she said, and I think they need some guidance from us at this point. Mayor Bradshaw pointed out that the Code Enforcement Advisory Conunittce, even at our Study Seuion earlier, rcqucstcd that wc make a determination and let them move on with the other isauca they want IO deal with. Council Member Y urchick said his concern with this, u Council Member Garren uid, is that lhil ltU1ed out u a tool to enforce the ordinance rcstticting the number of animala . But, IOmewbere aloaa the line, tDo many other factors were brought into the deal and cluttered it up and it makea it bard to vote yea. Bui, be said, I am going to vote yes, but that is mo~ in support of the Code Enforcement Committcc than the end product of the licensing ordinance. Council Member Wolosyn advised that she would be voting yes also, mostly out of respect for Code Enforcement, but also due to the fact that I sec it maybe u a first step to somehow brina all tbete di'ffl'IC statutes together . Maybe this would have been another tool to unify those thinp. I pea I always dloupl whenever you had a rabies shot, that that wu somehow ~gi•tcrcd and that wu a aort of licemin&, But now I sec that it is all separate. So, she said, I will vote yes, but I also respect my fellow Council members vota. Council Member Moo~ said that, in terms of ~visiting this, we already have -dqp'ee of c.omuilmilll lO ~visit the otT-leuh program. Council Member Garren noted that the otT-leuh program is a pilol program and the time &.. for dllt ii - year. So, Council Member Moo~ said, in one year wc will be revisiting some oftbete iauea. No-1111 IO muc a conunitment that we will ~-look at it at that time, be said, but notbina we do IODipl ii ICNIII IO 1111p 111 from ~visiting it, if at that tipie a Council member chooses to revisit it. He uked if that -c:onect. Mayor Bradshaw said absolutely. I want the Code Enforcement Committee to realize, Ille uid, tlilt my WIie against this is not a vote against them. I think they have 111111y, many -illlporlllal tllUlp IO do ill -City than battle this license thing and the dog and cat issues. She acknowledpcl tbal, if you are in9hecl, they are pesky issues . I understand that and I ~spcct that, she said, but I just think it is time for die Code Enforcement Advisory Conunittcc to move on . Mayor Bradshaw asked if anyone else had anything to say . Council Member Grazulis said she just wanted to say that she has attended die 8*llllp ud Ille bows .-y have worked very hard on this . With all due respect , she said. I appnc:iale dial . Slit lliubd die c: c. Mayor Bradshaw called for the vote . Vote rnulls: Ayes : Council Memben Wololywi. Yardllck Nays : Council Memben Nabhob, Moae. Ollffll, Or--. ...... Motion defeated . E ...... ood City CouDdl Aprll l,2N2 , .. , Mayor Bradshaw noted the motion was defeated and it is settled, and that is good, whichever way it turned out . (ii) Mayor Bradshaw shared the invitation to the Colorado Prayer Luncheon on Thursday, May~. at the Colorado Convention Center, in cue any member of Council would like to attend. She noted she will not be able to make it that day. (iii) Mayor Bradshaw said she had another question for staff. She uked Director Fonda if we are leatifying at the bearings of the Water Qualiz Control Conunission. I received these in the nail, sbe said. and there is one on the n• and one on the 14 . Director Fonda said probably not. Mayor Bradshaw said it's hard to figure out what we need to keep and what we need to throw away. (iv) Mayor Bradshaw advised that she has also received an invitation for an open house, for the Juvenile Aueaament Center in Arapahoe County, on April 24•, fiom 4:30 p.m. to 6:30 p.m. I believe everyone on Council received this invitation, sbe said, but I just wanted to mention it. (v) Mayor Bradabaw stated the Fullerton presentation and open house at CityCenter is Wednesday the I.,. from 6:30 p .m. to 8:00 p .m. (vi) Mayor Bradabaw noted the Metro Mayon and Conunissionen Youth Awards Banquet will be Sunday the 21 •. If any of you are interested, she said, pleue let Leigh Ann Hoffhines know by April 12•. It will be held at the Seawell Grand Ballroom at the Denver Center of Performing Aris. (vii) Mayor Bradabaw commented that she wu driving through CityCenter on Euler Sunday and it was great to see the construction on CityCeater beginning. It wu nice to see the Gart Sports store coming out of the ground finally, 1he said, and I just hope that IDOllleDtUIII contilmes . (viii) Mayor Bradshaw stated that Council Member Yurcbick did a aoodjob Monday night. The forum was well attended and it was nice just to talk to citizelll in ;m informal manner. So, abe said to Mr. Yurchick, I really appreciate your efforts. Mr. Yurcbick thanked Mayor Bradshaw . (b) Council Member's Choice (i) C.ouncil Member Nabbolz: I . She noted she had mentioned, at the last regular session, that normally Council supports two foursomes for the Keep Englewood Beautiful Golf Tournament. We didn't vote on that, abe said. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO SUPPORT TWO FOURSOMES FOR THE KEEP ENGLEWOOD BEAUTIFUL GOLF TOURNAMENT. Motion carried . Ayes: Council Members Nabholz, Moore, Garrett, Woloayn, Yurchick, Gruulis, Bradshaw Nays: None Mayor Bradshaw a sked when the tournament would be held. She wu advised that it will be held oa J- 10111 . Counc il Member Nabholz thanked Council and commented that it is a lot of fun. It is-of dlrir ... fundra isers . Mayor Bradshaw said she was sorry, that it is really fun, but abe would DOC be Ible ID,. ...... '*-el her s ummer sc hedule. ED&lewood City CouncU April I, 2002 Pqe 10 Discussion ensued as to which Council memben might be able to participate or serve u backup playen. 2. She said she was not sure if this wu a City issue, something the City should worry about or help with, but she always receives the school newsletter after the fact, after events have taken place. I received a newsletter Friday and it had information on everything that bad happened a month prior to the CSAP test and there was only one date in there for a future event and that wu somcthina on April 16111 at the hip school. So, she said, my question is where is the breakdown or should I call Dr. White? It is a very good newsletter, she said, Alex Habenicht is the editor and it is wonderful, but it is after the fact, so it is a little late for some parents. She commented that the Englewood Schools web pages are very good, except for Flood's. Flood's web page is two yean old. If you get a chance, she said, take a look at some of their web pages. She noted you can interact with the teacben. I WU really distressed, she said, to think that a Blue Ribbon School bas kind of gone downhill, which is sad . But, she said, if there is anything I can do, I will, because the information is really after the fact. Mayor Bradshaw said the only way I know what is going on with the schoola is through the Englewood Herald . Council Member Nabbolz agreed . Tom Munda does a good job, she said. City Manager Sears offered to e-mail Council's concerns to Dr. White . Council Member Nabbolz said if there is somethin& I can do, I will. Here we are tryina to recruit cbildml into the district and we are letting teacben go, we are behind on newsletters and one middle school bas a web site that is two years old. ( ii) Council Member Garrett : I . He noted be bas a friend who is about to become I paranoid proud parent His friend went to the Englewood Fire Division to learn bow to install bis child seat, to prepare for brinpla bis baby borne . He was very complimentary of our File Division, Council Member Garrett said. He said Ibey were very professional, great to work with and be wu very appreciative. 2. He noted Council had received a letter from five Englewood High School students who are involved in the Leader's Challenge Program. They want to be involved in beautifying I park or a bike lrail. I thought, be said, we might ask the Parks and Recreation Conunission to make a recommendation bued on our needs . Mayor Bradshaw said that would be great. (iii) Council Member Wolosyn said she noticed, in Council's packet, the request that the week of May 6'" be declared Excellence in Government and Public Service Recopilion Weck. She asked if Council had acted on this request. Mayor Bradshaw said she did not think Council bad acted on it. I think, she said, it wu by I COIIICDIUI of Council that we were just going to go ahead and do it. (iv) Cowicil Member Yurchick said he just wanted to COIIIIDCDI on die open fonun. I thought it was a success and, at the end of the evening, someone ukcd me if! wu diuppoinled in die light turnout. I looked at it more as quality over quantity . I think we bad two very aood ~ come out of that EnaJewood City CouncU April 1, 2002 Pace 11 forum, citizens were able to voice a couple of their COIICCl'III and we did it in the allotted hour. I think it wu a full hour, he said, and I hope we continue with the forums . Mayor Bndabaw said I think we will . (v) Council Member Grazulis : I . She said she bad a question regarding the letter from the five students involved in the Leader 's Cballeoae Program, which Council Member Garrett referred to. They need a project, she said. Is this eoing to be turned over to the Parks and Recreation Commission? Council Member Garrett said be gave it to City Manapr Sean and he will give it to Director Black, who will bring it up at the next meetin&- 2. She said. u the newest member of the Kiwanis Club of Englewood , sbe wanted to invite everyone to come out this Wednesday evening. between S:00 p.m. and 7:00 p.m., for a spaghetti dinner to be held at the Englewood United Methodist Church, 388S South Broadway. The dinner is spomorcd by the Kiwanis Club of Englewood . Mayor Bradshaw offered Ms. Grazulis congratulations on becoming a member of the Kiwanis Club. 13. CltyMaaapr'1Report (a) City Manager Sean advised that City Clerk Ellis received a copy ofCML's Handbook for Municipal Elected Officials. I think it baa some eood information. He uked that Council let Ms. Ellis know if they are intercsted in receiving a copy .. (b) City Manager Sears noted he wanted to confirm that the next fonun will be held at Bilbop Elementary School at the cod of April, during Council's lut RSSion. Mayor Bradshaw said yes. She noted there arc five Monday niabta in April, ao Council mipl i.ve -llipl off. • •••• Council Member Grazulis advised her e-mail is still not up and l'IIIIIUIII· It is bcin& filled, she said, and I anticipate it will oc working by mid-week. I have a virus that is unfixable and this is tbroup a City computer. I just thought I would let you all know, she said. and I hope I didn't give it to anybody. 14 . City Attorney's Report Cit y Attorney Brotzman did not have any matters to bring before Council. 15 . Adjournment HAW MOVED TO ADJOURN. The meeting adjourned at 8: 12 p .m. 1. 2. 3 . 4 . AGENDA FOR THE REGULAR MEfflNG OF THE ENGLEWOOD CITY COUNCIL MONDAY, APRIL 1, 2002 7:30 P.M. Englewood Civic Center • Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. f'/: a(}~ Invocation.~ Pledge of Allegiance. ~ RollCall. 7~ 5. Minutes. °ff' ?-0 a. Minutes from the Regular City Council Meeting of~ 18, 2002. ~ 6 . 7. 8 . Scheduled Visitors . (Please limit your presentation to ten minutes.) g Unt,cl'!~dule~isitors. (Pl~ase limit you~ ,eresentation_ tq five minutes.) . · liE-1.) ~~ i,.IJ/tVffJ f'5~A) C. .<11,~E-~/lt-M.J .,L. ~ b-.vA~~ lifJt>PllJM d.. {!/IJ/JV.:!br'f" L.t1,,tz.A~ FI..Y Communications, Proclamations, and Appointments. ~ A proclamation declaring April 19, 2002 as Arbor Day.~ A proclamation declaring the week of April 7, 2002 as Days of Remembrance of the Victims of the Holocaust ~ 9 . Public Hearing (None scheduled) :fr Englewood City Council Agenda April 1, 2002 Page2 MCO(E-h.M()f/e/J IO~ii/:UA iNL-~v~ UWIJA fahU'l-(}~~ ~ /Oa-i1-i11' /0 6-,1· IO e.11' 1ii"l-itl 7T" 10. Consent Agenda. -.. -r r -~ -' a. Approval of Ordinances on First Reading. i. Council Bill No. 8 • Recommendation from the Department of Parks and Recreation to adopt a bill for an ordinance authorizing a License Agreement for Denver Water Board to drill a test hole and subsequent monitoring well within the area of the Northwest Green Belt STAFF SOURCE: Jerrell lladi, Director of Parks and Reaution and Dave lee, Manager of Open Space. ii. Council Bill No. 11 · Recommendation from the Department of Finance and Administrative Services to extend the limited waiver on Waste Transfer Surcharges. STAFF SOURCE: frank Cryglewlcz, Director of finance and Administrative Semc:es. b. Approval of Ordinances on Second Reading. i. Council Bill No. 10, approving three City Ditch License Agreements for 4685 South Mariposa Drive. c. Resolutions and Motions. i. ii. iii. Recommendation from the Public Works Department to adopt a resolution authorizing a negotiated contract with Bituminous Asphalt Sealing Specialists, Inc., in an amount not to exceed $360,000 for the 2002 Micro-Surfacing Program. STAFF SOURCE: Ken lou, Director of Public Worb. Recommendation from the Public Works Department to approve, by motion, a construction contract for the Kent Village Sound Wall. Staff recommends awarding the contract to the lowest bidder, Nova Sound Wall Corporation, in )1,ftA.., the amount of $232,692. STAFF SOURCE: Ken Rou, Director of Public woru.,/Ulfr"-" Recommendation from the Littleton/Englewood Wastewater Treat111ent Plant Supervisory Committee to approve, by motion, a contract for a Wastewater Utility Plan Technical Assistance Agreement The Supervisory Committee recommends awarding the contract to Brown and Caldwell, in the amount of $106,095. STAFF SOURCE: Stewart H. Fonda, Director of Utilities and Charles Caudill, Regulatory Prop-ams Administrator. iv. Recommendation from the Department of Parks and Recreation to approve, by motion, the purchase of a four wheel dnve tractor for the Parks Division. Staff recommends awarding the contract to the lowest technically acceptable bidder, Turf & Trail Equipment Company, in the amount of $27,102. STAFF SOUICE: Jenell Bladl, Director of Parks and Reaeation and Dave lee, Maapr of Open Space. t • • Englewood City Council Agenda April 1, 2002 Pagel 11 . Regular Agenda. a. Approval of Ordinances on First Reading. ,,(J' b. Approval of Ordinances on Second Reading. D c . Resolutions and Motions. Recommendation from the Department of Human Resources to adopt a resolution re-appointing the Hearing Officers authorized to hear Merit and Disciplinary ~s. STAFF SOURCE: Sue Eaton, Director of Human Resouras.~ Recommendation from the Department of Human Resources to approve, by motion, the appointment of a Hearing Officer for a disciplinary appeal ~~h1'21~~ . Brian Cousineau. STAFF SOURCE: Sue Eaton, Director of Human •---vv~ 12 . General Discussion. DEFEATED 2·5 YURCHICK MOVED TO GO AHEAD WITH THE a. Mayor's Choice. (AYES: WOLOSYN, YURCHICK) DOG LICENSING ISSUE AND DETERMINE HOW AND WHAT WE ARE GOING TO DO AT A FUTURE DATE b. Council Members' Choice. APP'D 7-0 13. City Manager's Report 14. City Attorney's Report NA8HOLZ MOVED TO SUPPORT TWO FOUR50MEs FOR THE KEEP ENGLEWOOD BEAUTIFUL GOLF TOURNAMENT Adjournment f :/,.J..._~ The following minutes were transmitted to City Council between March 1 S • 28, 2002 : Englewood Planning and Zoning Commission meeting of February S, 2002 Keep Englewood Beautiful meeting of February 12, 2002 Englewood Board of Adjustment and Appeals meeting of February 13, 2002 Englewood Transportation Advisory Committee meeting of February 14, 2002 Englewood Code Enforcement Advisory Committee meeting of February 20, 2002 ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Marcb 18, 2002 I. Call to Order The regular meeting of tbc Englewood City Council wu called to order by Mayor Bradlbaw at 7:33 p.m. 2. Invocation The invocation wu given by Cowicil Member Nabholz. 3. Pledce or Allepance The Pledge of Allegiance wu led by Mayor Bradshaw. 4. Roll Call Present: Absent: A quorum was present. Also present: 5 . Minutes Council Memben Nabbolz, Moore, Grazulis, Garrett, Wolosyn, Yurchick, Bradshaw None City Manager Sean City Attomcy Brotzman Assistant City Manager Flaherty Deputy City Clerk Casile Deputy City Clerk White . Director Fonda, Utilities Business and Redevelopmmr Coordinator Jobmon Director Olson, Safety Services Director Ross, Pul\lic Works (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING or MARCH 4, 2002. Mayor Bradshaw asked that :a correction be noted on page 18, paragraph two. She ulced dial "Ms. Sean" be changed to ''Mr. Sears". Mayor Bradshaw ulced iftbc c:banae wu ~le to Couacil Member Wolosyn . Ms . Wolosyn responded affirmatively . Vote resulu on tbt modoa u ameaded: Ayes : Cowicil Membcn Nabbolz, Moore, Garrett, Wolosyn, Yurchick, Grazulis, Bradsbaw Nays : None The motion carried. Englewood City Council March 18, 2002 Page 2 6. Scheduled Vlsiton (a) Tom Ashburn, Community Service Manager for Xcel EnerJy, said be wu hen: this evening to introduce himself and share some of his responsibilities with Council, and to let them know how Xcel has changed in the last couple of years. He advised that his major responsibilities include building and maintaining good working relationships with all the local governmen11' elected officials and staffs in the sen ice territory that Xcel serves. He stated that his service territory includes, rouply, all the municipalities in Arapahoe, Douglu and Eiben Counties, and a large territory that is baaically from DIA to Parker, and from east of Aurora to the Jefferson County line. It is a very Iarae territory and sometimes I do not get around as often as I should, he said. That is why I un hen: tonigbl, to say hello and to inlroduce myself. Mr. Ashburn said he noticed on the qenda that be was to talk about Xcel's c-.nity ICrVice policy. We like to be very active and involved in all the comnunities we serve. Primarily, we do that by being involved with local economic development orpnizaliom. local chambers of commm:e, and program, that can help nunicipalities pow. We work on the iuues that affect you, and that you are interested in, as they relate to energy. There are conmunity progr11111 that we are involved with once in a while, also. Mr. Ashburn said be wu on one of the original task forces for the Browafieldl project for several years, for e~le. Many of you have been invited, and a couple of you bave shown up, at the Arapahoe Power Plant in the last few years, just to get aa idea of what is aoiDa on u a local commmity. I am your liaison, your key contact person, he said. If you ever have aay quntioas or ima, you cm call me directly, or work through staff. I am usually pretty easy to get a hold ot: tbrou&h voice IMIMP"I, and I return my calls pretty quickly, he said. Again, I just wanted to introduce myself: since some of you are new on Council, and. hopefully, I will see you around. aod I will do what I can to help you. Mayor Bradshaw asked if there were any questions for Mr. Ashburn. Cowicil Member Nabholz commented that the tour Mr. Aabburn did for Council two years aao wu very informative and helpful. City Manager Sears stated that Mr . Ashburn has been excellelll to work with. In some of the discussions regarding CenteMial Park. in panicuhir. he WIii available to auist ua. We lave bad IOllJe hot iuues related to the construction of this site where he championed our cause, bur it did llllt fall on the ript an to make it happen. Mr . Ashburn is also a member of the So)atb Metro Cbamber of c~. and has worked very closely with us . Mr. Sears said he personally appreciates the relationlbip we lave with him. We lave a few other projects comina forth, he said. which Mr. Ashburn probably lbould be aware ot: and we will be working with him on those projects. Our relationship at the staff'level has been very .,ad. s-bow be got the lights on South Broadway turned , · thin twenty-four houn, after they bad been setliDa there for three months, and hopefully we can rely u · 'll to continue to do that 7. Unscheduled Vlsllon There were no unscheduled visitors . 8. Communications., Proclamatiom aad Appouta-11 (a) COUNCIL l\lEl\tBER NABHOLZ MOVED, AND rr WAS S&CONDID. TO APPROVE AGENDA ITEl\l I (a) -RISOLUTIOl"I NO. 45, SODS 0, aJ. Council Member Nabbolz offc:rcd her condolfflces to the StockweU family on the receal pauiDa ofC-y Stockwell. RESOLUTION NO . -lS . SERIES OF 2002 Englewood City Council March 18, 2002 Page 3 A RESOLUTION APPOINTING DON ROTH TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. Council Member Garren pointed out that there wu a typo on die printed copy of die resolution. The yar was incorrectly stated u 200 I . Voce raultl: Ayes: Nays : Council Mcmbcn Nabholz, Moore, Garren, WolOlyn, Yurcbick, Grazulia, Bradlhaw None The motion carried. 9 . PullUc Hearia& No public bearing wu scheduled before Council. 10. COlllelll Apada COUNCIL MEMBIR GARRETI MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS II (a) (I), 18 (b) (I), AND II (c) (I) THROUGH (v). (a) Approval of Ordinances on Finl Reading (i) COUNCIL BILL NO. 10, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING THREE CITY DITCH LICENSE AGREEMENTS FOR THE CITY DITCH CROSSINGS AT OR ABOUT 4685 SOUTH MAJlJPOSA DRIVE. (b) Approval of Ordinances oa Second Radilla (i) ORDINANCE NO. 11, SERIES OF 2002 (COUNCIL Bll.L NO. 9, INTRODUCED BY COUNCIL MEMBER GARRETI') AN ORDINANCE APPROVING SUPPLEMENT NO . 152 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WlTHlN THE DISTRICT BOUNDARIES . (c) Resolutions and Motions (i) PURCHASE OF TWO TANDEM AXLE DUMP TRUCKS FROM TRANSWEST TRUCKS, INC . IN THE AMOUNT OF $130,690 .00. (ii) PURCHASE OF A SELF-PROPEU.ED CONVEYER LOADER FROM MACDONALD EQUIPMENT COMPANY IN THE AMOUNT OF $136,624.00. (iii) PURCHASE OF A FREIGHTLINER nua FROM TRANSWEST TRUCKS , INC. IN THE AMOUNT OF $6.S,693.00. (iv) PURCHASE OF AN ALUMINUM BIOSOLIDS TRA1LEI. FROM W ASTEQUIP/MAY MFG . IN THE AMOUNT OF $71,243 .00. Englewood City Council March 18, 2002 Page 4 (v) PURCHASE OF WATER METERS FROM MOUNTAIN STATES PIPE IN THE AMOUNT OF $61,981 .36 AND YOKES FROM DANA KEPNER IN THE AMOUNT OF $6,374.66. Voce results: Ayes: Nays : The motion carried. 11 . Reaular A&enda Council Members Nabbolz, Moore, Gmett, Wolosyn, Yurcbick, Grazulis, Bradshaw None (a) Approval of Ordinances on Finl Reading There were no additional items submitted for approval on lint reading. (See Apnda 11ml 10-Conaeat Agenda .) (b) Approval of Ordinances on Second Rcadiq There were no additional items submitted for approval on second reading. (See Aacoda llnl 10 -Consent Agenda .) (c) Resolutions and Motions There were no addm onal resolutions and motions submitted for approval. (See Aacoda Item 10-Consent Agenda.) 12 . General Obc:ualo• (a) Mayor's Choice ( i) Regarding the letter to Mr . and Mrs. Huff, Mayor Bradshaw said she would like to tell Capital Projects Dim:tor Kalun and Comnunity Developmenc Director SimplCIII bow wdl·wrialm she thought the lener was. (ii) Mayor Bradshaw said Council had received a memo &om die Public Lihnly Board about signage. She expressed concern about messing up our aeslbelic:s, that we have worbd so bard to have , with a lot of signs . She asked staff to look into die possibilities for tutetul sips in die Library . Council Member Grazulis commented that Wtefill sipage wu what Ibey ubd for. Sbe said she wu at the meeting where it was discussed. They just WIid people to know whee it is. They have received a lot of comments that people do not know where die Library is on this site . Mayor Bradshaw suggested puning somcthin& outside die Library on die lo,wr level Sbe said she wu sure staff could come up with something . (iii) Mayor Bradshaw said she receiml a 111111111 about die T·REX Advilory Conuninee . They want two comnunity mmmen on that commiaee, she said. Council Member Wolosyn asked if that meant Council or mmmen ofdle ~- Mayor Bradshaw said they were askina comnunity mmmen wbo live alona the corridor 10 nominate themselves , or others. 10 serve . She asked ho•ll' Council would like to deal with this. - .. Englewood City Council March 18, 2002 Page 5 Council Member Wolosyn said if you are free to nominate yourself, maybe it is a matter of geuing the word out. Council Member Garren asked if we are in the corridor, by the way they define iL Council Member Grazulis said she did not think we lcillally live in the comdor. Council Member Garren felt we were affected by it, becilllle of the detoun tbroqh here. Mayor Bradshaw said she did not know why they sent it to 111. Council Member Yun:hick felt that, teclmically, the repair facility was a piece of the corridor. Council Member Wolosyn said, reprdina an selection, that sometimes they want people, wbo are involved in the arts, from outside of the area becauae it belpa with the mix. Mayor Bradshaw asked if Council Member Wolosyn would nominate beneU: Council Member Wolosyn said she did not kno w that she would. She said she may, but bad not considered it. Mayor Bradshaw asked if Council Member Wolosyn would take this to the Cultural Ans Commission. Council Member Wolosyn said yes, that was what she was thinking also . Council Member Grazulis said the times were conflic:ting. Ms. Wolosyn said she would call aome of thole people about it ( iv) Mayor Bradshaw advised that EnaJewood bad received a Tree Cily USA award. She offered kudos to staff. We need to set up the proc:lamllion and all the evea11 that ao wida it, she said. Congratulations 10 Englewood on being named a Tree City USA. City Manager Sean said that many other cities have sipage at their emnnces indicatina that this is a Tree City . He asked if Council would like to see that here . Mayor Bradshaw said yes, if itcould be tastefully done. (v) Mayor Bradshaw thanked Council for scnding her to NLC. She fOlllld the sessions worthwhile and she encouraged all Council mmiben to atlleDd at leut one NLC mcetil!I, if they haven 't already. She said they bad received her one-page repon. (vi) Mayor Bradshaw asked if Council 1emembered the memo about cleaaiaa up the conuninees. She said she would like 10 direct City Attorney Brotzman to clean up the obeoletie comminea that we do not use anymore , and make that representative of what we m>w have. Council Member Wolosyn asked if it would come back 10 a Study Session. Council Member Grazulis asked 1f lbcre were any comminea that we would like ID raunec:t. Council Member Wolosyn sugesled that could be part of the Study Sellion. Englewood City Council March 18 , 2002 Page 6 Mayor Bradshaw said there are some out there that we do not even use anymore, such as the small business conunittec that was part of EDDA and the City . Council Member Grazulis said she would just like 10 look al them closer and discuss them before Ibey are dissolved. Mayor Bradshaw asked Mr. Brotzman ifhe could do that by June. Mr. Brotzman responded affirmatively . (vii) Mayor Bradshaw asked Utilities Director Fonda why the water quality was so horrible . Mr. Fonda said he had not had any reports of this. Mayor Bradshaw said they were calling her . Mr. Fonda said he would look into it. (viii) Mayor Bradshaw said the Juon Park Social Club, a group of people who get together and let their dogs run around at Jason Park on Monday mornings, is doing a park cleanup Ibis Sunday at 10:00 a.m. We clean up the park. she commeDled, but some people think that, since ii is a dog park, they can just let their dogs loose and it can poop all over and Ibey do not have to do anything about it One man said, if the City would pick up the grass when they mow the parks, they would also pick up the dog poop. Mayor Bradshaw did not feel that was true because we don't mow Ibis time of year, and when we do mow, we do not pick up the grass because it is mulched. She said she just handed him a bag. (ix) Mayor Bradshaw advised that around July 4• v.-e will be pulling the bridge in across the Platte . She asked Council to keep that time open so there can be a big dedicalioo there. (x) Mayor Bradshaw asked Buainesl and Redevelopment Coordinalor Jobmon for the name of a contact person al Garts . Ms . Johnson asked if there was anyone in particular. City Manager Sears sugeslcd the CEO, with whom they had met, would probably be appropriate . (b) Council Members' Choice (i) Council Member Nabbolz 1. She advised 1ha1 it is 1ha1 time of year to , apin, uk for Council's support to sponsor two foursome s for the Ko:cp Englewood Beautiful GolfToumunmt. The cost would be $640.00, she advised. h will be held Monday , June 1~. and will be a sbollJUII start . 2. She said she had a call from a couple of nciahbon who were in dilpule, but Ibey resolved the maner themselves . 11 was a code enforcement issue . The lady bu a four.fooc fence between her house and the other house. The other house belongs to a City employee and she dlaupl there WM a problem with Code Enforcemen t telling the City Cfl1)1oyee ooc thina. and she -IIOld sbe sbould call the police imtad, when the City Cfl1)loyee's German Shepherd c:ona over her fence. la die end. Ibey lalbd ii ewer al worked it out. Apparmtly she felt the Code Enfon:emcut Officer -DIil speedy in~ die aeipbor. 3 . She said she attended an Old Town Eqkwood -lins oa die lint Wcdanday in Marth II Countty Buffet . She inv11Cd Counc il to anend tbcJle rneetiap ilpoaiblc. SIie said 1111 -really nciled to see a handful of businesses from Old ToWII Enalcwood. ... wilb die C'lllmber ore-. TIiey arc really acning started. and already have lkir lop and lbram b tbeir _.. t.an. 11lly 1ft do ins a lot of exci tin g thinas. she opined. Olficcn Sicpl and ~ were dine, • -Gary HuJlbers . al Ms . t • • Englewood City Council March 18, 2002 Page 7 Nabbolz felt it was all very good . They meet the lint Wednesday of every mondl from 8:30 a.m. to 9:30 a.m. at Country Buffet. 4 . She asked if fire inspections are conducted on motels here in Englewood. Director ofSaftty Services Olson replied that they are done once a year. The problem, he said, is lhat they can not inspect individual rooms, nonnally only common areas . Mayor Bradshaw asked if Council Member Nabbolz planned to continue going to the Old Town Englewood meetings . Ms . Nabholz said yes, she felt it wu really exciting. (ii) Council Member Moore I . He said he read in the Englewood Herald lhat Dennis Schum hid railed some COlll:fflll about lbe General Iron Works property. He asked Public Works Director Rou if there were sips that R.TD wu not following the requirements for the cleanup. He said he wu just trying to understand lbe reasons for dlis negative press. He asked if there were problems involvin& coq,liance with the permit, or does Mr. Schum not like what the permit allows. Director Ross fell Mr. Schum disagrees with what the permit allows and with R.TD's plan. They are required to follow the plan lhat wu filed widl lbe State and they believe they are in con.,liauce widl that, while Mr. Schum believes there is nutier stuffdlan what their soils repon indicata and that they should take extta steps. Mr. Moore asked if the ttucks are supposed to be covered,· Mr. Ross said yes , they are supposed to be covered. Mayor Bradshaw said they are not covered. Mr. Ross said that is State law, and it does not matter whether you are working widl hulrdous materials or not. If you :are hauling dirt. you need to have the trucks covered. Council Member Nabbolz said she saw two aoing down Galapago today dlat were not covered. Mr . Ross asked if they were hauling metal debris or dirt. Ms . Nabbolz said they were hauling metal, so it is just the dirt that has to be covered. Mr . Ross said lhat is comet. Mayor Bradshaw said Mr. Schum had called her and said he was not pleucd widl the answm he wu getting and that he would have to go public . She said she told him lhat wu always his choice . Council Member Moore said he just wanted to be sure dlat, to our k:nowledae, R.TD wu doing what they had agreed to . Director Ross said, to our knowledge. they are doin& what the Stale baa required diem ID do. All we have done is tried to make sure they do everydling they promised and everytbiDa they lpeed to do in the Stale permit. We really have not stepped in and asked for an extra level of activity. We just WIii! them IIO do what they said they would do in their pennits with the State . Mr . Moore asked ifwe had not issued a permit also . Mr. R.oss said we iAucd • permit for padins .t the demolition work . We added a condition makin& them respomible for the meets that they mipl damap during this proc ess . The only other reqwremmt dlat we added, that the State did not call llO their anemioa. he said, was that the y needed to pull the necessary storm water manaaemmt pcnnit from the Depu1menl of • • Englewood City Council March 18, 2002 Page 8 Health, which they had not yet done. Mr . Ross said everything that they indicaled was put in writing and that is what we expect of them Council Member Yurchick fell that a lot of Mr. Schwn's comments were bued oa I study done I couple of years ago that showed the bore holes exceeded the arsenic levels. RTD's report varied substantially &om that initial n:pon. Mr. Yurchick asked which n:pon wu comet. Director Ross responded that the subsequent RTD report supposedly indicated that there were low levels of arsenic, but when we examined that report, it did not say where the bores weR labn or the depth of the bores. The original n:pon indicated the arsenic level wu in the top two feet, 10 you could aet around that by just taking your bore down farther. We really questioned the second n:pon, be stressed, and believe the first n:pon is correct with respect to the arsenic levels. Mr. Yurchick asked if their State permitting wu based on a n:pon that wu possibly invalid. Mr. Ross said no, their permits were hued upon that rust n:pon . 2. Mr. Moore advised that. in H~n Hills, which is in his district, roughly at the corners of Dartmouth, University, Floyd and Race, there is a lot going on in the neighborhood. Someone is trying to pop the lop on their house, which is permitted under City code. but not under the covCIIIIIIS of the neighborhood. These covenants are fairly old. he allowed. and he did not feel there had been much activity in terms of having to enforce them. He said he wanted to raise the issue to !ICC what the optioas were. He said he wu under the general impression that the neighborhood could collectively enforce the covenlllll and then: was not much the City could do, since it wu not a code issue. He said he at leut wanted to raise the issue and see if then: was something that could be done ifwe care to. Mayor Bradshaw said Judy Pierson had called her and, aince it was Mr. Moore's diatrict, she spoke to him about it. Ms. Pierson was chair of the Planning and Zoaina Commiaion tor eipl or Dine ~ Mayer Bradshaw advised, and, when she was on that board, she did not know we hid any requimnellll tbat -.Id help people pop a top tastefully.' It is coming to Enalcwood whether we want it or 1111t, and we need to see if we an: ready for people who want to pop the top on their house, and we need to be 11ft they will be tasteful additions. Ms . Bnulshaw said her concern wu the same• Ma. ~·1, and 11111 is wbldler we have design standards in our community . City Attorney Brotzman said we do have certain standards, but we can not enforce private covemnts. It is the role of the homeowners' association lo do that. One of the~ that is coming forward is that Planning and Zoning is going 10 be reviewing all of the ~ IIICh u set back, pop IOpl and daip standards . That is one of the things Community Development and Planning and Zoning have been cbarpd with, so that is going to be moving forward. he said. Mayor Bradshaw said, if someone wants to do that now, they can. Mr. Brotzman said they can, within our regulations . Council Member Moore said the thing he would like to make sure of as we enter that phase, is whether we want 10 consider restricting pop tops in gcru:ral. not at all or maybe for R-1-A only . I guess that is aoin& to occur through this other process anyway. he added . City Attorney Brotzman said that is supposed to be moving forward. Mr. Moon: asked City Manager Sem if it was possible 10 emphasize that question to dial committee. City Manaaer Sean said that is probably pan oftbc C~rebensive Plan updale, and ii an iaue tbat bas been out then: for quite a while . He said he could not uy ri&bl now bow far the PllmliDI and l.oaiaa Commission has 1one in that rq;ard. Thoe covCIIIIIII are a different iaue OUllide o( tbat, be llid, and lie Englewood City Council March 18 , 2002 Page9 was not sure if the Planning Commisaion even sets that. The covenmts 11ill have to be overcome wi1bin that neighborhood . Mayor Bradshaw said they ran into this in Arapahoe Acres when they became ID historical district. The covenants, because they had not been acted upon, lapsed, sbe advised, and she felt that wu the case bere . They lapsed because there never was a meeting after 1955, she said, so tbat wu tbe lepl opinion -got. Counc:il Member Moore asked whal the besl advice would be that he could give tbe people who were uking him bow to deal with it. He recognized lba1 the City could not do anydiina, but oat of them can see tbe covenanl and there is an arcbiiectural control cormuttee that has not been around for twenty or thirty yean, he said . City Attorney BrotzllllD said the group should find a private attorney to advise tbem. Mayor Bradshaw commented lhat Judith Begas Pienon is an attorney. (iii) Council Member Garrett said right ouaide Civic Center u you go to Haq,den, there are no lines on the street anymore. Thia creates an intaeslina dymmic, be uid, wbca people are deciding whether it is a double tum left . He lhouahl tbe Cily mipt WIIIII to clean that up jlllt a bit. Mayor Bradshaw added lbal everyone makes tha1 unofficial riabt turn lane. Mr. Garrett apecd, and said, also, when you are coming acrosa north, you think you should go stnight. but you ICblllly mve to move over a little bi1, and ii is interesting 10 watch thal dynamic, too. (iv) Council Member Wolosyn 1. She advised that she and Council Member Nabbolz wwld be IIIDeliDa 1DIDDmtW llllll1liag with Nancy Reid to discuss the parade. She said she wanted to brina up ID iAm that WU floatiaa uound before she WClll to Washington. She did IIOI have a chance to pmsue it then, but she wamed to ran it by Council. There was some lalk aboul having the parade every other year. ffllkina it a biennial parade, iD wbich cue ii would be the odd year, and the next one would be in the year of the CCllfalllial. Ms . Wololyn said she could see some benefll 10 that. having a bigcr parade and billil'lg it u a bicDnial event. la order to streamline the process, she said she wanted to find out before the meeliaa wbedler there -any support from thc othcr Council members . She fell, if 1here was suppon, wc should stan it now so ii could be iD the next Citizen. Council Member Nabholz said her personal opinion. and those ofber collltitueacy wbo anend and participate in the parade, is that every year there are tbinp buill around the parade . The Malley Cemr has a craft show, and there is a Shrinen pancake breakfut. The one year that it waa cancelled due to-. when Amy Van Dykcn was Grand Marshal , I don 't think -ever heard the end oftbat. w recalled. Council Member Moore said he did 001 have a stroog feeling eilber way, but wwld tend to say aanuaL He said he is , al the same time, respectful of the concerns that m"Ve been railed. Council Member Garren said he would say annual and did not uadcntlad the need for every odler year. We like bands to come in year atler year, and ifanyoftbcmcvcr Sol iDlo a parade in the off year thal wu IJIJlllll, wc would lose . Ma yor Bradshaw p~ferred :m :annual parade . Council Member Yurchick agreed. If we are aoina to do i1, let 's do ii every year, becaUle it eliminates the confusion. Englewood City Council March 18, 2002 Page 10 Council Member Grazulis voted for an annual parade also, because of the needs of the citizens. Council Member Wolosyn said she appreciated the input, because she felt she wu just facilitating this. Council Member Moore asked if the audience at the open fonun next week would be a good place to get feedback on how they value the parade. Council Member Wolosyn felt this wu Council's gift, and one ofCOPPDnric:alion Specialise Hofthines' concerns wu that, if this is goina to remain annual, she would like to pt a call for vohmleera out iD the next issue of the Ciliml. 2. Council Member Wolosyn stated that Friday, March 22• in the Atrium, the EnaJewood Cultural Ans Center Association and the City of Englewood will host a coacen. S-of the ~ that City Counc:il gave to Up Close and Musical will go to help produce dris performance, she said, and Mayor Bradshaw bas araciously accepted an invitation to inlroduce the concert on Friday night Ms. Wolosyn said she had tickets for Council memben who can attend. She asked that they be sure to use the tickets if they accept them, because there are only ISO seats. We have a great qreement wi1h the Fire Marshal and Assistant City Manaaer Flaheny to make dris a performance space, she said. 3. She said she appreciated the opportunity to go to NLC . The best part for her dris year wu the eight-hour leadership seminars. It is something she felt she should have done two years ago. We all need to be with other people who are in public life, and just gettina tips on tricks of the trade. She said she would have her report within thirty days. (v) Council Member Yurchick 1. He advised that the Code Enforcement Advisory Conmriaee meets dris Wednnday and two of the agenda items will be staff" s role with the cormriaee and the ordinance formin& the c:uwriaee. He said he asked City Anorney Brotzman and City Manager Sean to come and addrea dae two iuues. 2. He said there was a letter in the Englewood HC'9ld about abuse of the dos parks. He asked if there was any follow up being done. The Parks and Recreation Comniuioa qm,d to do dris on a tat basis with some follow up to see if it was creating nuisances or not, he recalled. Council Mmiber Garren said that came up briefly at the Parks and Recreation Commission meetina, but there really is not enough data yet to see how that is working. Mayor Bradshaw said she had put in a request to have two more of the bag holden at J-Park on the west and south sides . (vi) Council Member Grazulis I. She said one of her constituents wanted to know why there were cameras at Slllplipts. especially at Downing and Hampden. and :it Inca and Floyd. The camera at Inca and Floyd appears to be pointed at the buildinal instead of the intersection. and she wu wonderin& about privacy iaa. Director Ross said. regarding the camera :it Inca and Floyd. they are ll')'ina to detmniae whether it can take the pl ac e of the loop detectors that :ire in the road . When you get snow and ice c:onditiom, pc,1ple often do not park ove r the loop detectors and they do not ;actuate the lipt. We are ll')'ina out the caamru at that intersect ion, and they do not ha ve the capability to be moved around. He aid if it bas moved. it ia probably due to wind. but they will check it . It is probably poinlin& where it is mppoeed to be, he c:omadecl, because we ha ve not gotten an y compbints that people are not able to actuate that lipal. Englewood City Council March 18, 2002 Page 11 Council Member Yurchick asked if the cameras arc just used to actuate the light, or is there a tape that goes with the camera . Mr. Ross said City Attorney Brotzman would not allow them to do any tapin& with those cameru. We do have a few cameras that we use to observe conditions and situatiom, be allowed. The one at Hampden and Inca is like that, where it will move around and they can do SWHpS and that son of tbina. But we do not do any tapes at all, he stressed. Ms . Grazulis asked about the one at Downin& and Hampden. Mr. Ross felt that came about as a result of working with the T -REX people. There is going to be a variable mcuaae sign that will be installed juat u you arc leaving the City of Englewood, be said, on the south side at about Lafayeac Screet, in that litde lriangle-shaped parcel that used to belong to COOT. The variable message sign will give advm:e notice to incidents occurring on Hampden to the east, and I-25 . Mr. Ross said the c11111n1 ue aoina to be used by T -REX as part of their incident management, and they have them at Broadway and Hampden and at Downing and Hampden, just 10 monitor what is happening on Hampden. Ifwe have an incident on 1-25, they won 'I direct them 10 Hampden if ii is blocked u well. 2. Council Member Gruulis asked if the memo she bad m:eived, dated March,-, reprding the Englewood School Safety Committee, bad anything to do with the SchooVCity Committee. Council Member Moore said it was just the School Safety Committee . Ms . Grazulis said she just wanted 10 make sure she did not miss the SchooVCity Committee, because she had asked for notification. 3 . She said sbe noticed, in the alley between Lincoln and Bl"Oldway, oa the eut side, duriDa one of the last storms, that there was a paperboy or someone who did not Wlllt to make their rounds and dumped about two dozen papen in their blue wrappers all aJoaa the alley. 13 . City Manacer's Report (a) City Manager Sean announced that the Tri-Cities mcetin& would be this Thursday morning at the Englewood Golf Course. We have a range ofiuues that have come up, be uid, that we have notified everyone about. • (b) City Manager Sean expressed appreciation ror beq able to attend NLC. A couple of issues came up there , he said. One was homeland security, which is one issue that we ue lookin& al very closely . There bas , in fact. been :m elevated alen the last couple of days for national•-ofa terrorist attack . He felt the issues with FEMA would increase over the next several IIIOlllbs. Director Olson bas taken a pretty strong leadership role with that. be added . Secondly, at the meetiaa they lalked about ho w important Brownfields Grants were . We are hoping 10 proceed with a national award that is going to be out this next year in terms of the types oflbinp we have done with Brownfields. We have let all of our congressional delegation know that we arc interested in doing that. (c) City Manager Sean said he was planning 10 take the next week off. His wife was OUI of school and they were going away . He said Assistan1 City Manager Flaherty would be workin& with Council Member Yurchick on next Monday ni&ht's forum. and staff would a1ao be here . 14 . City Attorney's Report Ci ty Attorney Brotzman had n.i matten 10 discuss . ••••• • • Englewood City Council March 18, 2002 Page 12 Council Member Yurchick asked about Chief Moore's response on his question as to why a hobby license was not being enforced. He asked whether Council wanted to look at that, or have him take it to the Code Enforcement Advisory Conunittee and have them look at it. Mayor Bradshaw said this licensing thing has son of bugged her after that last meetina, it wu so disconnected. She said she was personally not in favor of it, as far as the dog licensing. She wondered if they could save Code Enforcement a lot of headaches . Council Member Garrett said he had actually received a couple of calls regarding that, and the indications were that it was committee initiated as much u staff initiated, in their view. Mayor Bradshaw said she was looking at their budget, lookina at that costing us another penon, and maybe this is not the time to even deal with it. Council Member Moore asked if it would be an option to let the voters answer that one . Mayor Bradshaw asked if he meant on licensing . Mr . Moore said yes, dog licensin g. , · e said one of his big concerns wu that he was not sure what the people wanted. He allowed that he u,d not know what lcinds of things Council wu willing to send to the voters, so be just wondered if that was an option. Mayor Bradshaw said they could send it to the voters, that wu always an option. Council Member Moore said one of the reasons for not doing it was if it wu costly to put it on tbe ballot. Council Member Garrett said there is a cost, and, from his personal viewpoint, there is a responsibility that Council has, as elected officials, 10 make cenain decisions . This is one where we can ptber input, but it is Council's decision . If we send a licensing matter to the voters, tben I don't know what-would not send, he said . Mayor Bradshaw said tax issues. of course. have to go . Maybe the redistricting needs ID ao and tbe Arapahoe County tax needs 10 go . Council Member Grazulis said the original question wu about that hundred dollar dlina f'or the can in the backyard with the tarps over them. Mr . Y urchick said his question is whether they wanl Code Enforcement ID loolt at it, if not, tben we probably need 10 take the law off the books, since it has not been enf~ since 1993 . Mayor Bradshaw said she did not understand why it could not be enforced. Council Member Grazulis said they said they did not have enough 111111pOwer and she found that bard to believe. Mayor Bradshaw said if you are in the backyard, and there is an abandoned car there, you check ID see if it is licensed . If it is not , you write a ticket, right"! Director Olson said, as the last paragraph indicates , we do enforce . The problem is the pernt pan of it, where you actually have 10 issue a ~rmit, just like with the animal liccnsma . Is it IIKJft -'t than it is wonh? We are enforcing it. he said. but it is the ~nnit side ofit that is problematic . If they have derelict vehicle s, we arc enforcing it. he stressed. Englewood City Council March 18, 2002 Page 13 Cowicil Member Yurchick said his question is on the permit side. Director Olson said the question is whether you want to 10 ahead and set up this mechanism that never really got put into place, whic h ,Jn be relatively complicated, apecially if you are doing it every year. It states every six months on some of them. But we are definitely eaforciDg it. Mayor Bradshaw asked what Cowicil's pleasure wu. lfwe do DOC have a permit, then-ybe we should remove it, she said. COW1Cil Member Grazulis asked if it would address some of the can on blocks. Director Olson said !bey enforce that. We do DOI have can on blocks out there. COW1Cil Member Grazulis asked about cars in backya,ds with tarps over them and flat tires. Director Olson said the problem in a lot of cases is trying to get into the backyanla, and sometimes a court order is required. We make sure the ones on blocks have the covers OD them. but it is just tbe aspect of whether we should go out and try to force people to get this permit. That is what we would lib to know, whether you want us to pursue the permit part of it, not the enforcemmr side. Council Member Yurchick said his concern on the enforcement side is that be can lbink of two locatiom be drives by every day, that are highly visible, that have abandoned can and backyanla fWI ofjuok. The &UY has knocked his fence down so be can back his truck in there at night OD the comer of Oxford and Inca. His backyard is full of boats and trailers . That is my concern. If it is being enforced, fine, be uid, but if it is not, do we want to push this, or do we want to take it off the books? Mayor Bradshaw asked ifhe meant the permit. Mr. Yurcbick responded affimatively. COW1Cil Member Moore asked if having the permit gives us the ability to do sometbiDg that this Giber enforcement provision does not. Cowicil Member Yurchick said it just makes them pay money to have that car parked tbere. Director Olson agreed. He: said they would do it either way . If Council wanlS them to pul somc mechanism in place, they will . We are still enforcing, and, obvioualy, if there are some areas where we are not, then we will do it, but it is !he pcmlit that never got carried tbroup. Mr . Moore asked if the incident that Mr. Yurchick described wu legal . In terms of storing things in your backyard, when does it become illegal, be asked . Director Olson said ii beco~s illegal when you have derelict, abandoned vehicles . If you have a derelict vehicle ii essentially means it is unlicensed and unmovable, but if someone bas a car that looks, to us, like junk and has a valid license. then they can have it there . A lot of people will claim they are workin& oo it, and we have to work with thc:m on that aspect of it also . Mr. Moore said the pcrnlit. then, just adds a layer where they have to pay a hundred dollan. Mr. oi- said absolutely . Mr . Yurchick said six months is free, and after that you have to pay one hundred dollan a year. Mr. 01- said it is renewable yearly, which is the big problem Council Member Yurchick aid it -1J be a nightmare to try to enforce it. Englewood City CoWICil March 18, 2002 Page 14 Mayor Bradshaw asked if Mr. Yurcbiclt's rect'IIPIIClldeliall wwld be to-die permit. Mayor Bradshaw said let's have tbem look at it 111d llllke a rllt4N,IMN n iatioa. I tried on die llcemin&, she said, 111d I pea Ibey can do that, too. Mr. Yurcbiclt said to plan on a public bearin&· 1 S. Adjotll'DDmlt MAYOR BRADSHAW MOVED TO ADJOURN, Tbe meetia& WII adjourDod al 8:25 p.m. PLEASE PRINT NAME PUBLIC COMMENT ROSTER AGENDA ITEM 7 1111ce1awe-.nw DATE:Aprtl1,2002 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES AQQRESS - (,.•1,11 1 James R. Goodrich 2890 So. Logan St. Englewood Colo. 80110 1 April 02 I would like to voice opposition to the proposal of Animal License As I understand the proposal it is to help in the control of animal population. I have not been able to find any evidence that this sort of regulation would have any affect on the animal population. ~ The Colorado State Statutes ~-4-600s deal with disease control, rabies in particular. It requires owners to have their pets inocu- lated and tags worn by pets. This is an effective way to register pets. A simple telephone call locates the pet owner. The enforcement of this statute is also spelled out. Therefore, there is no need for additional licensing that would at best register only 10% of the responsible pet owners in the first year (ref. pet data). In an effort to inform and make your task easier, the code committee has let this issue dominate its time s ince December. I would ask the Council to advise the committee that there is no need for such adion and thank them for their diligent efforts. Jim~ric)t· _/fa~;!t ' • • 0 h 19() . C.K.S. 1963: § oti -13 -~. L. 91: Entire sec-. 94: Enure se cu o n a mc:ndc:d . p. ~764, § 440, C.J .S. See 39A C.J .S . Hc allh Jnd Environ , ment , § § 18. 23 -15. 27. J O, JS . n or suspected or ha•ing rahic, to he con- ;hall serve notice in writing upon the owner al known to have been bitten by an animal . the owner to immediately treat and confine irtment of public health and environment. . .. C.R.S. 1963: § 66-23-5 . L 91: Entire sec- 94: Entire section amended. p . 2765 . § ~I. CJ.S. See 39A C.J .S .. Health and Environ- ment,§ § 18 . 23-2 5. ti spread or rabies. Whenever the board of oard of health has reason to believe or has th and environment that there is imminent . 1tv or district , such board shall ~rve public ,! .circulation in such county or dtstnct cov- s of dogs, cats, other pet animals. or _other'. ,et animals, or mammals for such penod as. es in such county or district. ;. C.R.S. 1963: § 66-23-6. L 91: Entire sec- 94: Entire section amended, p . 2765, § 442._ C.J.S. See 39A C.J .S., Health and Enviroa- ment, § § 23-25 . · g inoculadon or animals. When it is deemed safety, the board of health of an organize~ may order that all dogs, cats! other pet am-. ict be vaccinated agatnst rabies_, ~uch v~- rian. Notwithstanding the prov151ons of this :alth department or county board _of health · rabies any more frequently than ts recom-. es Control" as promulgated by the national 7. C.R.S. 1963: § 66 -2 3-7. L 91 : Entire sec- L. 99: Entire section amende d , p . 275, § 2. lation or animals. The order of a board of ·d o f health requiring inoculation of all dogs. _. ,all not become effective until twenty-four uiring inoculation of all dogs , cats. other pet J in a newspaper of general circulation in the 8 . C.R.S. 1963: § 66-23-8 . L 91: Entire sec -. C.J ,S. Se< 39A C.J .S .. Health and Environ · mcnt, § § !M, 20. 22 . ·• • • 0 1<11 Disease Control 25-4-64)9. Effcd of ordcr r~quirin1 inoculation or 11nilllllls. Sc:ctions 25-4-6 IO and 25~- 611 shall be in force and effect only in those counties. districts. or portions of counties or districts whc:re an ordc:r requiring inoculation of all dogs. cats. other pet animals. or other mammals is in effect. Source: L 63: p. 54 7. § I. CRS 53: § 66-25-9 . C.R.S. 1963: § 66-23 -9. L 91: Entire sec- tion amended. p. 949. § 15 . effective May 6. 25--1-610. Uninm-ulated animab not to run at la,xe · impounding and disposition ohni- ,auls, It is unlawful for any owner of any dog, cat, other pet animal . or other mammal which has not been inoculated as required by the order of the county board of health or board of health of a health department to allow it to run at lar1e , The health department or health officer may capture and impound any such dog, cat, other pet animal, or other mam- mal found running at large and dispose of such animal in accordance with local program policv. Such power to impound and dispose shall eiitend to any and all animals unclaimed and found or suspected to be affected by rabies, whether wild or domestic. The division of wildlife shall cooperate with and aid the health department or health officer in the enforce- ment of this section as it affects animals found or suspected to be affected by rabies when such animals are in its care. jurisdiction, or control. Source: L. 63: p. 547 , § I. CRS 53: § 66-25-10 . C.R.S. 1963: § 66-23-10 . L 91: Entire sec- tion amended, p. 949, § 16, effective May 6. C.J.S. See 3A C .l .S .. Animals, I f 12, 138, 161. 288. 25-4-611. Report to state department. Each health department or health officer shall furnish information to the department of public health and environment concerning all cases of rabies and the prevalence of rabies within the county at any time such information is requested by the department of public health and environment. Source: L 63: p. 548 , § 1. qtS 53: § 66-25-11. C.R.S. 19631 § 66-23-11. L 94: Entire sec- tion amended, p . 2765, § 443, effective July I . Am. Jllr.ld. See 39 Am. Jur.2d, Health, I 106. c.J.S. See 39A C.J.S ., Health and Environ- ment, f 19. ZS-4-612. Enforcement of put 6. The health officer or health department shall enforce the provisions of this pan 6, and the sheriff and his deputies and the police offtcen in each incorporated municipality and the division of wildlife shall be aides and are instructed to cooperate with the health depanm,mt or health officer in carrying out the provisions of this part 6. Source: L 63: p . 548, § 1. CRS 53: § 66-25-12. C.R.S. 1963: § 66-23-12 . 25-4-613. Liability for acddent or sllbsequeat disease from laoculatlon. The health departments, their assistants and employees. the department of public health and environ- ment. health officers, or anyone enforcing the provisions of this part 6 shall not be held responsible for any accident ,or subsequent disease that may occur in connection with the administration of this part 6 . Source: L 63: p. 548, § I. CRS 53: § 66-25-13 . CR.S. 19631 § 66-23-13 . L 94: Entire sec- tion amended, p . 2765, § 444, effective July I. Am. Ju,.ld. See 3~ Am . Jur.2d. Health, I 32. CJ.S. Sc:e 39A C.J .S., Health and Environ- ment, I S4. 25-4-614. Penalties. Any person who refuses to comply with or who violates any of the provisio115 of this part 6 is pilty or a misdemeanor and, upon conviction thereof, shall be punished by a line of not more than one hundred dollars or by imprisonment in the county jail for not more than thirty days for each offense. ' t .. .. . . •· • PROCLAMATION WHEREAS, in 1872 J. Sterling Morton propoeed to the Nebraska Board of Agriculture that a special day be set aside for the plantinr of trees; and · WHEREAS, Arbor Day is now observed throughout the United States and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxypn and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countle88 other wood producta; and WHEREAS, tree, in the City of Ell(lewood increase property value,, enhance the economic vitality ofbuaine88 areae, and beautify our community; and WHEREAS, trees are a source of joy and spiritual renewal; and WHEREAS, the City of En(lewood. Colorado hae been recopized for 17 conaecutive years ae a Tree City USA by The National Arbor Day Foundation and deairea to continue ite tree· planting ways; and WHEREAS, the State of Colorado celebrate, Arbor. Day on the third Friday in April; NOW THEREFO~E. l, Beverly J . 8radahaw. Mayor of the City of En(lewood. Colorado, hereby proclaim Ailll,ll 11. 1111 ,t.: in the City of Englewood, Colorado. and l urre all En(lewood citizene to support efforts to care for our trees and woodlands and to support our City's community forntry prorram. Further, I urge all Englewood citizens to plant trees to gladden the hearts and promote the well being of present and future generations. GIVEN under my hand and seal this 1" day of April, 2002. Beverly J. Bradshaw, Mayor • • ~~ WHEREAS <h• Hol=•" ••~: 0 .::.:,~~:::~m•~ ~,-~ ,M ~ .- annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945; and WHEREAS. Jews were the primary victims-six million were murdered with millions more targeted for destruction or decimation for racial, ethruc, religious or national reasons under Nazi tyranny ; and WHEREAS, the history of the Holocauat offers an opportunity to reflect on the moral responsibilities of individuals , societies and governments: and WHEREAS. we the people of the City of Englewood , Colorado should always remember the terrible events of the Holocaust and remain vigilant agaihst hatred, persecution and tyranny; and WHEREAS, we the people of the City of Englewood, Colorado should actively rededicate ourselves to the principles of individual freedom in a just society; and WHEREAS, the Days of Remembrance have been set aside for the people of the City of Englewood to remember the victims of the Holocaust as well as to reflect on the need for respect of all peoples; and WHEREAS , pursuant to an Act of Congress (Public Law 96-388, October 7, 1980) the United States Holocaust Memorial Council desilJUlteB the days of Remembrance of the Victims of the Holocaust to be Sunday April 7 through Sunday April 14, 2002, including the international Day of Remembrance known u Yo,n Hashoah, April 9th; NOW THEREFORE. I, Beverl;r _~. Bradshaw, Mayor of the City of Englewood, Colorado , hereby proclaim .. ._ .,..-...,. A,irit 116, iltt u: ._...,.,,..urea in memory of the victims of the Holocaust and in honor of the s,.u-vivors, aa well as the rescuers and liberators and further proclaim that we . as citizens of the City of Englewood. Colorado should strive to overcome intolerance and indifference through learning and remembrance GIVEN under my hand and seal this 1st day of April, 2002. Beverly J . Bradshaw, Mayor COUNCIL COMMUNICATION Date Agenda Item Subject April 1, 2002 10 a i Denver Water Board Monitoring Well at Northwest Greenbelt Initiated By Staff Source Department of Parks & Recreation JerreH Blade, Director of Parks & Reaeation Dave Lee Manaaer of Onen Soa,::e COUNCIL GOAL AND PIMOUS COUNCIL ACIION No previous Council action has been taken. RECOMMENDED ACTION Staff recommends that Council approve a bill for an ordinance authorizing a "license agreement" authorizing the Denver Water Board to drill a test hole and subsequent monitoring well within the area of Northwest Green Belt. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Blue River Decree applies to water diverted from the Colorado River system to the Eastern slope of the Rockies by transmountain diversion. The decree states that such water diverted can be used to extinction. The recyding of this water is the primary goal of the Denver Water Board. The known factors in this recycling project are: the amount of water brought over by transmountain diversion and how much Is sent into the distribution system to local users. What is not known at present is how much over-watering is done and how much water goes below the root zone and flows along bedrock back to the Platte R1 er. HRS Water Consultants has been contracted to determine the amount ol water that can be withdrawn downstream and recycled back into the irrigation system. HRS has set up a pid system throughout the metropolitan area so that raw data can be collected to quantify the amount of water that goes below the root zon,e in each of the major drain.ages and Is returned to the river . Harvard Gulch has been selected for sample bores with a r core sample. Sites that prove acceptable will have an 8S monitoring well drilled and cased with a locking cap flush-mounted with the ground, so as to not interfere with mowing. The monitoring well will have data collected on a quarterly basis for 4 to 5 years. FINANCIAL IMPACT There is no financial impact to the City. Denver Water Board will install and maintain all equipment. LIST OF ATTACHMENTS Proposed Bill for an Ordinance J ORDINANCE NO._ SERIES OF 2002 GREENBELT). BY AUTHORITY WHEREAS, the Blue River Decree applies to water diverted from the Colorado River system to the Eaatem slope of the Rockies by tranamountain divenion; and WHEREAS, the decrff states that auch water diverted can be Wied to eninction; and WHEREAS, the recyclinc of thia water is the primary goal of the Denver Water Board;and WHEREAS, the known facton in this recyclinc project are: the amount of water broupt over tbe tranamountain diversion and bow much ia Not into tbe dimibmion ayatem to local uaera; and WHEREAS, what ill not known at present ia bow much o,er-wateriq is doDe and bow much water pa below the root zone and tlowa U1J11 bedrock back to the Platte River; and WHEREAS, Denver Water Board has contracted HRS Water Conaultanta to determine the amount of water that can be withdrawn downatream and recycled back into the irription ayiltem: and WHEREAS. HRS baa set up a pid ayatem throughout the metropolitan area 80 that raw data can be collected to quantify the amount of water that pa below the root wne in each of the major drainap"a and is returned to the South Platte River: and WHEREAS. Harvard Gulch baa been selected for aample bona with a 'I: core sample: and WHEREAS, sites that prove acceptable will have an 8.5" monitoriq well drilled and cased with a lockinc cap tluah-mounted with the pound, 80 u to DOt imenlre with mowin1; and WHEREAS, the monitorin1 well will have data collected on a quanerly buia far 4 to 5 years: and WHEREAS. the Denver Water Board will inatall and maintain all equipment with no financial impact to the City of Enclewood; and -1- WHEREAS, the p .... p of thia Ordinance autborizea the City of Enclawooci to enter into a Lic:en,e Acnement with the Denwr Water Board allowinc Denver Water Board to drill a teet bole and if required a moaitoriq well in !Dclewood'a Northwnt Greenbelt within the Park aloq Harvard Gwcb, Zuni and V-r. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COlJNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOU.OWS : Ses;tjqp l. TM ·Law Apwment" betneD tba Denver Board al Water Commiuionen and the City ofBqlewood authorizinf the DeD'V91' Wat.er Board of Water CommiaaioDln to drill a tNt bola and if requincl • •CllldCIIUII well within the Park aJonr Harvard Guieb, ZuDi and Va.er an fmth in ·At&ac:1uum 1•, ia benb)' acceptecl and approwd by die City Couaeil al die City al Sapwood. Calorado. 8ec;tjgp 2 TM Mayor ud the City Clark an benb)' autboriaad to aip and attest uid Law ApNment OD behalf of the City of Bqlewood. Introduced. read in Nil, and pUNCl on tint readiq OD the lit ~ of April. 2002. ' Publiahed u a Bill for an Ordinance on the 6th clay of April. 2002. Beftrly J. Bndlbaw, Mayor ATl'BST: Loucriabia A. Ellia, City Clark I , Loucri.abia A. Ellia, City Clerk al the City al lnptwood. Colondo. benbJ cntifJ that tile above and foneoinl ia a true copy of a Bill for an Ordiauce, imnduced. read in full, and palNd on tint readiq on the 1• clay of April. 2002 . -2- THIS LICENSE AGREEMENT is made between the City of Enpewood, herein refened to as the ·'CITY"". and the CITY A!"D COUNTY OF DENVER. ldlac by and tbroup Its BOARD OF WATER COMMISSIONERS. a Municipal Corpontion of the State of Colorado. hereinafter referred to as '"LICENSEE .. (whether grammatically singular or plural). WITNESSETH: The term ""LICENSEE"" shall include employees. agents and contractors of LICENSEE. The term ··propeny·· as used herein refers 10 real property and includes easements. rights~f-way and other CITY interest in land and may some times be referred to herein as "CITY propeny··. The CITY. by these presents. without warranting title or interesL and subject to the covenants hereinafter set fonh does hereby authorize the LICENSEE. its successors and usigns. to perform the following at the locations described in "Exhjbit A". attached hereto and made a pan hereof: Test Hole Drilling: Test holes will be drilled at all selected sites. A pickup mounted Geoprobe System will be used for the test holes. The hole will be 2-inches in diameter. Samples will be collected in plastic tubes. The plastic tubes are inside a steel pipe that is pushed and/or hammered into the ground. Each tube is 4 feet long. As each tube is filled it is pulled from the ground. Once the test hole reaches bedrock the hole will be backfilled with sand and bentonite to ground level. Monitoring Well DriUing and JnstaUatjon : At selected test hole sites a monitoring well will be installed near the test hole. A hollow stem auger rig (soils borin& rig) will be used for the monitoring well drilling and . installation . An 8.5-inch diameter hole will be drilled to bedrock. The well installation will consist of 2-inch PVC casing and screen . Five feet of screen will be placed at the bottom of the hole with solid casing above the screen to ground level. Sand will be placed around the screen from total depdl to I foot above the top of the screen . Bentonite will be placed above the sand to I foot below pound level. Cement will be pl.aced on top of the bentonite to ground level. The well will be protected by a limited access. flush mount monitoring well manhole. A locking plug will be placed in the top of the PVC. Excess soils will be spre;ad onsite if feasible or hauled offsite . A well test may be conducted at various monitoring wells. Access for testing will be limited to a car or pickup or by walking to the well site. Water produced during the 1es1 will be spread onsite . Water levels will be measured quarterly after in~tallation . I . The LICENSEE. at least five t5) days prior 10 the proposed dale for commencement of the work hereby authorized. shall notify the CITY of its scheduled time to be on site. 2 . The LICENSEE shall notify the CITY at least three ()) days prior to commencement of. modifications or repairs to LICENSEE"s installation. so that the CITY may make such inspections. as it deems necessary . In the event of emerwency repairs required for safety LICENSEE shall not be required 10 furnish notice prior 10 cornmencin1 said repairs. but shall notify the CITY of tht nature and e,uent of any such emeraency work . ). In grmting this Licens.:. the CITY reserves the rip to make full use of the propeny in volved as may be ntcessary or convtnient in the operation under the conuol of the CITY and the CITY retains all right 10 OJ)(r.ue . maint.1in. inS1all. repair. remove or relocate any of its facilities localed a C h m e n t l • ; • ... C: -... ....... ..:.,. _ ·-----····· -·-• .:-.. ::Jtl ........ ~-·~-~--.. --.. .... ,.._ .... ___ ,.._.,_ ,_,_,.,_&JO.:':.J'"'•~~ ... ----· within the CITY' s propeny at any time and in such a manner as it deems necessary or convenient. In the event the LICE.""ISEE' s installation should interfere with the CITY' s use or operation of its property. at any time hereafter. the LICENSEE shall. upon request by the CITY and at LICENSEE's sole eitpcnsc, immediately relocate or reammse its installation so as not to interfere with any such CITY use. 4. The LICENSEE shall complete its installation. clear the area of all construction debris and restore the area to its preeitisting condition as nearly as may be possible within five (5) days from the date of commencement or initial consrruction or repairs. In the event clearin1 and restcrllion of the area is not completed within five (S) days. the CITY may complete the work at the sole eitpcnse of the LICENSEE. 5. All excavations within CITY property shall be back.filled upon completion of project. 6. LICENSEE will use all reasonable means to prevent any loss or damaF to the CITY or to others resulting from the construction. modifications. replacement. repair. operation and maintenance of LICENSEE's inswlation. Any repair or replacement of any of the crrY's installation on its propeny made necessary. in the opinion of the CITY. because of the conmuction modification. operation. maintenance. ~ir or replacement of LICENSEE' s installation. shall be made only by the CITY and at the sole expense of the LICENSEE. 7. LICENSEE. insofar as it legally may. hereby expressly agrees to defend. indemnify and hold harmless the CITY. its officers. agents. employees and insurers against any liability. loss, damage. demand. actions. cause or action or expense of whalever nature (includin1 coun costs and anorney·s fees) to the eittent the same are due to the LICENSEE's nqlisence which may result from any loss. injury . death or damage allegedly sustained by the LICENSEE or any person. firm. corporation or other entity. which arises out of or is caused by any act or omission of the LICENSEE. its officers. apts. or employees (or UCENSEE·s employees). All damqe to the LICENSEE' s installation by the CITY shall be repaired at no expense to the CITY . 8. All work authorized by this License Agreement shall be performed by the LICENSEE ll no eitpcnse to the CITY and. except as odlerwise set fo,th herein. LICENSEE shall own and maintain its installation thereafter. 9. The riJhts and privile,es granted in this License Agreement ue subject to prior apeemen11. licenses and conveyances. recorded or unrecorded. and it shall be the UCENSEE's sole responsibility 10 determine the uistcnce of any riJhts. uses or installations coaflictinc with the LICENSEE's use of the CITY's propeny hereunder and to resolve any conflict. 10. If the LICENSEE docs not use the ri&ht herein sranted or its inslallation for a period of one (I) year . or if LICENSEE shall at any time fail or refuse to comply with or carry OUI any of the conditions of this License the CITY may . 11 its election and after thiny (30) days nolice to comply. revoke this License by written notice to the LICENSEE in person or by mail • LICENSEE ' s last known address . Upon termination of the License. the LICENSEE shall have a mutually .agreed upon time to remove its installation from the CITY's property. In the event LICENSEE does not remove said installaaion within the time allowed. the CITY. withoul incurring liability. may remove said inswlaaion a1 LICENSEE's expense . 11 . Upon .abandonment of .any right or privileF herein ,ranted. the rip of LICENSEE to thll elUClll shall termin.ate. but its obliption to indemnify and save harmless the CITY. its officen. employees and .agents . shall not termina&C in any evenL 12. The rights &f"Jnled LICE."IISEE hereunder may no1 be assigned without the written consent of the CTrY . THIS LICENSE AGREEMENT shall become effective on the dare it is siped by the .appropri:are represcnlilli ve of the CITY. CITY OF ENGLEWOOD Bav9rl.y J. Bndabat, Nayar IDucriabia A. BUis Date:-------,----- The undenip:d authorized offices(s) of the LICENSEE has rad the forqoina License Agreement and ;agrees for ;and in behalf of s;aid Ucemee that it will accept and will abide by all the term1 and conditions thereof. A lTESTED AND APPROVED: By: ~n~ · i3,c,Jb Marie~. C-f of Disttibulion Engineering ;and Property ~ APPROVED AS TO FORM : LICENSEE: Tesl holes to be determined in field with representative ofcrrY and Consultant. HRS w,- Consultants. Inc. One site per area at the followin& location: Park alona Harvard Gulch. Zuni and Vassar COUNCIL COMMUNICATION Date Agendaltem Sub;ect April 1, 2002 10aii Bil for an Ordinance to Extend the Umlted Waiver of the Waste Transfer S _._ __ Initiated ly I Staff Soma Deoartment of Financial Services ~ FrankG. Director ... COUNCIL COAL AND PIMOUS COUNOL ACTION This action furthers intergovernmental cooperation between the cities of Englewood, Littleton and Sheridan. The City Council passed Ordinance 30, Series of 1993 authorizing a limited waiver of waste transfer surcharge until December 31, 199S, and Ordinance 22, Series of 199S authorizing a limited waiver of waste transfer surcharge until December 31, 1998. On June 7, ~ 999, Council approved Ordinance 31, Series of 1999 on final readln1 that further extended the waiver throuah 2001. RECOMMENDED ACTION Staff recommends approval of this bill for an ordnance extending the waste transfer sun:harge until December 31, 2004 (three summer seasons). IACKCIOUND, ANALYSIS, AND Al111NA1MS IDEN11FIED The City of Englewood passed Ordinance 2S, Series of 1987 on April 20, 1987 inltilulln& the Waste Transfer Surcharge. The Surcharae impose'.. a twenty.cent surcharee on each cubic yard or portion thereof by each person disposing of trash at a waste transfer facility. The definition of •penon• In the ordinance includes political subdivisions of the State of Colorado. _ The City of Englewood has received requests for waiver of the surcharge for public purposes. Enalewood. Littleton, and Sheridan have requested waivers for their annual '"dun-up'" proarams. The City Council of Englewood approved Ordinance 31, Series of 1999 to approve the waiver of the surcharge. The waiver sunset o n December 31, 2001 so the waiver must be extended at this lime for the 2002, 2003, and 2004 annual cleanups. FINANCIAL IMPACT The waiver will reduce potential revenues by an estirNted Sl,000 annually. LIST Of ATTACHMENTS Proposed Bill For Ordinance ORDINANCE NO ._ SERIES OF 2002 BY AUTHORITY 1111,L NO. 11 I INTRODUCED BY COUNCIL 'ffl!.S.t.~'·~--tltPAL COD'! 2000, PERTAININ. 0 OF C#tDWAITl'IUIIID.· WHEREAS. the City Council of the City of Englewood, Colorado pUNd Ordinance No. 21>, Serie, 1987, inltituting the Waite Tranafer Surcharge which impoeed a twenty cent 1urcharge on each cubic yard or portion thereof by each peraon diapoeing of traah at a waste tramfer facility; and WHEREAS, the Englewood City Council paued Ordinance No. 30, Seriu of 1993, which granted a limited waiver of the Walter Tranafer Surcharge until December 31, 1991>; and WHEREAS, the Englewood City Council pUNd Ordinance No. 22. Seriu of 1996, which authorized a limited waiver of the Waite Tranafer Surcharge until December 31, 1998; and WHEREAS. the Eqlewood City Council pUNd Ordinance No. 31, Seriea of 1999, which granted a limited waiver of the Water Tranafer Surcharge UDtil December 31, 2001; and WHEREAS. the pauap of thia propoeed Ordinance will mend the waiver of the surcharge until December 31, 2004; NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY OP ENGLEWOOD. COLORADO. AS FOLLOWS: $es;tjpn 1. The City Council of the City ofEqlewood, Colorado hereby apin-an Ordinance amending Title 4, Chapter 7, Subaec:tion 11, with the extenaion of the Limited Waiver of the Waste Tranafer Surcharge to read u follow,: 4-7-11 : Limited Waiver ofSurcharce: The requirementa ofthia Chapter aball not apply during the months of May , June , July, Aucuat and September to any Municipality which meets the following criteria: A. Incorporated with City Hall within the boundariea of Arapahoe County. 8 . Does not provide Municipal collection of houaebold aolid wuw dinc:tly or indirectly . C. Offers to ita citizens the collection ofhouaebold traah on a limiwd buia durin& the months of May , June, July, AUIUlt and September. -1- Thia Section ahall be effective only until December 31.~ ~. after which time it •hall be null and void without further action of the City. $ection 2 Safety Clau,e1 The City Council hereby finds, determinea, and declares that this Ordinance ia promulgated under the general police power of the City of EJll}ewood, that it ia promulpted for the health, aafety, and welfare of the public, and that thia Ordinance ia neceaary for the preeervation of bealth and aafety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bean a rational relation to the proper leswative object sought to be obtained. Section 3 S@yerabjljty If any clause, aentence, paragraph, or part of thia Ordinance or the application thereof to any person or circumetancea ahall for any reuon be adjudged by a court of competent juriadiction invalid, auch juqment ah.all not affect, impair or invalidate the remainder of thia Ordinance or it application t.o other persona or circumatam:ea. $ectipp 4 lnmD1il1ilnt Prdinew:ee All other Ordinancea or portiw thereof inconsistent or conflicting with thia Ordinance or any portion hereof are hereby repealed to the extent of such inconaiatency or confli,ct. Section Ii Effm;t g( pmpl pr wodificatiop The repeal or modi&at.ion al any proviaion of the Code or the City or Enslewood by thia Ordinance ah.all not releaae, extinguiah, alter, modify, or change in whole or in part any penalty, fmfliture, or liability, either civil or criminal, which lhal1 haw been incurred under IUCb pruviaioa, and each proviaion ah.all be treated and behl u atill remaininf in int far the purpoaea of •uataininJ any and all proper actioaa, auita, procndinp, and proeecutiona for the enforcement al the penalty, forfeiture, or liability, u well u b the purpoae or euataininJ any judpaent, clecne, or order which ca or ma, be rendered, entered, or made in auch actiona, auit.a, proc:eedinp, or proaec:ut.iona. Section 6 &oaltx. The Penalty Proviaion of Section l ·4-1 EMC lhal1 apply to each and every violation or thia Ordinance. Introduced, read in full, and paaaed on first reading on the lat day of April, 2002. Publiahed as a Bill for an Ordinance on the ~th day or April, Z002. Beftl'ly .J. Bradabaw, Mayor ATTEST: Loucriahia A. Ellia, City Clerk -2- I, Low:riahia A. Ellia, City Clerk af the City af BJll)ewood. Colorado. hereby certify that the above and foreaoinc ia a true copy af a Bill fbr an ~. illtloduced. read in full, and paued on fint readinc on the lat day of April, IDOi. I ••. ,, .3. "01mJNANcB NO. - SERIES OF 2002 BY AUTHORITY COUNCIL BILL NO. 10 INTRODUCED BY COUNCIL MEMBER GARRETT AN OIU>INANCI AUTHOIUZINO fflRD CITY DITCIILICDIBIMJIM¥BNT8 FOR CITY DITCH CROSSINGS AT OR ABOUT 4685 SOUTH MARIPOSA DRIVE. WHEREAS, the Owner of 4685 South Maripoea Drive and an adjacent piece o( property to the south, submitted three License Agreements for c:roeaing the City Ditch in the City of Englewood's Right-of-Way; and WHEREAS, the first Licenae Agreement is for new construction inatallinc two (2) water lines, two (2) sanitary sewer lines, two (2) pa service lines and a bridp/culvert over the City oCEnclewood's Right-of-Way for the City Ditch; and WHEREAS, the second License Agreement is to allow an existing sewer line and gas line already cr088ing the City Ditch for the residence located at 4685 South Mariposa Drive; and WHEREAS, the third Licenae Agreement is for an uiating bridp/culvert which is already in place at the location of 4685 South Maripoea Drive; and WHEREAS, the Enclewood Water and Sewer Board recommended approval of the three (3) City Ditch Licenae Agreements to Bob Schwinn at the February 13, 2002, meeting; NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. AS FOLLOWS: $ectjon l . The "City Ditch License Agreement,· for new conatnlction to inatall two (2) water lines, two (2) sanitary sewer lines, two (2) pa service lines and a bridge/culvert over the City ofEnclewood's Right-of-Way for the City Ditch attached hereto as "Exhibit A."_is hereby accepted and approved by the Enclewood City Council $ectjon 2. The "City Ditch License Agreement: to allow an eltiating Nwer line and gas line already croaaing over the City of Enslewood'a Risbt-oC-Way b the City Ditch for the residence located at 4685 South Maripou Drive attached hereto u "Exhibit B, • is hereby accepted and approved by the Enclewoocl City Council. $ectjon 3 . The "City Ditch Licenae Agreement,· is for an existing bridp/culvert crossing over the City of Enalewood'a Riaht-of-Way for the City Ditch which is already in place at the location of 4685 South Maripou Drive attached hereto u "Exhibit C," ia hereby accepted and approved by the Enclewoocl City Council. -I - .bi • t .. • • • Scs;tion 4. The Mayor ia authori7.ed to execute and the City Clerk to attelli and aeal the three (3) "City Ditch Licenae Agreements" • "Exhibits A, B and C" for and on behalf of the City of Englewood. Colorado . Introduced, read i-full, and p8888d on first reading on the 18th day of March, 2002. Publiabed u a Bill for an OrdinaDce on the 22nd day of March. 2002. Read by title and pauecl on final readinc on the lat day or April, 2002, Published by title aa Ordinance No . -Seriea of 2002, on the 5th day oC April, 2002. Beverly J. Bradabaw, Mayor ATI'EST: Loucriabia A. Ellia, ~ty Clerk I, Loucriabia A. Ellia, City Clerk oftbe City of~ Colando. benlby ~ that the above and fbnsoinl ia a true copy of tbl Ordianca paaed on 8ml INlliDc and publiabed by title u OrdinaDca No. _. SeriN of IDOi. -2- THIS LICENSE AGREEMENT, made and entered into as of this __ day of , 20 _, by and between th e ITY OF ENGLEWOOD, a municipal corporalion of the State of Colorado, herein referred to as "City", and --=-~==-'J'""._Schwinn==· ==-----------' herein referred to as .. Licensee". WITNESSETH : The City without any warranty of its tide or interest wbalsoeYer, hereby authorizes Licensee, its successor, assigns, to install two water lines, two sanitary sewer lines. two gas service lines and a bridge/culvert over the City's ripts-of-way for the City Ditch, described as a parcel of land situated in the Northeast Quarter of Section 9, Township S South, Range 68 West of the Sixth P.M.. County of Arapahoe, State of Colorado delcribed II follows: See attached Exhibit 1. Any construction contemplated or performed under this Licemc shall comply with and confonn to standards fonnulated by the Director of Utilities of the City and such construction shall be perfonned and completed accordina to the plans. consistiq of one sheet. a copy of which is attached hereto and made a part hem>f. 2. The Licensee shall notify the City's Director of Utilities at least tblee (3) days prior to the time of commencement of the construction of, or any repairs made to, Licensee's utility lines m,J/or bridge/culvert so that the City may, in its discretion. inspect such operarioas. 3. Within thirty (30) days from the date of tbe cnaunaamm1 of COIIIIIUClilJll of said utility lima and/or bridge/culvert the Licensee shall comp1ere such CODIUUIClion. place -1 awialain permanent, visible markers. of a type and at such localioaa II clesi.,,....., by tbe City's Dinlclm of Utilities. referring to the centerline of tbe inseallarioa -1 shall c:lmr the rmssina aea of all construction debris and restore tbe area to its previous condition a nar • may be rea,mble. In the event the planing of tbe centerline markers -1 the cleariq -1 rallDlion of the crossina area is not completed within the time specified. the City may complete the 'MIik II the sole expense of the licensee:. 4. The City shall have the right to maintain. install, repair, remove or relocate the City Ditch or any other of its facilities or installalioos within tbe City's ripts-of-way, 11 my time and in such manner as the City deems necessary or convenient. The City raerves the admive ript to control all easements and installations. 1n the event the utility lines and/or the bridplculvat should interfere with any future use of the City's rights-of-way by the City, the Licemee shall. upon request and at its sole expense, n:locale, reurange, or remove its inslallations so a not to interfere with any such use. S. Any n:pair or replacement of any City installation made necessary, in the opinion of the City's Director of Utilities because of me construction of the utility lines and/or the bridplculvat or other appurtenant installation thereof, shall be made at the sole expcme of the Licmw. • X H I • + A t 6. The stipulations and conditions of this License shall be incorporated into coDIJ'aCt specifications if the constl'lli.tion herein authorized is to be done on a contract basis. 7. The rights and privileges granted in this License shall be subject to prior~ licenses and/or grants, recorded or unrecorded, and it shall be the Licensee's sole respoast"bility to determine the existence of said docwnents or conflicting uses or insfalladons. 8. The Licensee shall contact and fully cooperate with the City's personnel and die COlllll'UCtion shall be completed without infelference with any lawful , usual or ordinary flow of WIiia' throup the City Ditch. Licemee sball assume all rim incident to the possible praence of such waters, or of storm waters, or of surface waters in the City Ditch. 9. All trenches or boles within die City's rights-of-way sball be blckfilled and tamped to the original ground line in layers not to exceed six (6) inches loose measure to a compaction of ninety percent (90%) Standanl Proctor Maximum Density. 10. Licensee, by acceptance oftbis license, expressly-t\111 and llrict liability for any and all damages of every nature to person or property caused by WIiia' tiom the ditch leaking throup th r ditch banks or pipeline at die point or points where the Licemee performs any work in connection with the crossing provided by tbis liceme. The Licemee mumes all respoma"bility for maintenance and inslaUatioa. 11. Licensee shall indemnify and save blrmless the City, m oflicen and employ-. apimt my and all claims, damaps, acdons or causes of ICtioo and expeNet to wbich it or Ibey~ be subjected by nmon of said ulility lines md/or ~ beiaa witbin md aaaa iad 1llllder die premises of the City or by reuon of any work done or by omission made by Ucemee. m aaents or employees, in conoee1ion with the CODIIIUCtion, Nplecement. m11i1Mw ~ or RPair of said installation. 12. It is expressly agreed that in cw of~'s breach of any of the wilbin promiael. tbe City may, at its option, have specific performance tbaeo( or sue for c1linaaes resultiq lam such breach. 13. Upon abandonment of any riabt or privilqe herein ...-i. the ripl of Licemee ID thll extent shall terminate, but its obligation to indemnify and save bannlea the City, iD ofllcen and employees, shall not terminate in any event. In granting the above authorization, the City raerws the rip1 to make t\111 me oftbe pn,perty involved as may be necessary or convenient in the opaalion of thew-, wacts plat md Sysllm under control of the City. 2 IN WITN~:ss WHEltEOF . lh1K 111Ktrucmcn1 has hct•n i:xei:u~rl ;u; u( the ,lay .111.I :,-1•ar lir!ll :ihove wr1Llen IN WITNESS WHEREOF. th111nstrument has been exeeuted as of the day 3nd year lint above wnlten. ATTEST: CITY Of' ENGLEWOOD City Clerk -Iax:riabi.a A. mia APPROVED AS TO FORM: ATTEST: City Atr.omey City Clerk The undeniped authorized ol!icer oC~------------ baa nad the lantoiDI Liceue and qreea ror ud ia behaU' of aid--~~~"'.":""-:-- -----:---~-:---:--~-----that it will acmp& ad will abide by all tba term, ~d coaditiona thereof. ATTEST: Title (SEAL) .. l. 70 FOOT WIDE UTILITY AND BRIDGE/CUL VERT CROSSING LICENSE AGREEMENT LEGAL DESCRIPTION SHEETIOFJ A PARCEL OF LAND SITUATED IN 1HE NOR'IHEAST QUARTER OF SECTION 9, TOWNSHIPS soum. RANGE 68 WEST OF 1HE SIXTI{ P .M., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY RIGHT-OF-WAY OF THE CITY DITCH. FROM WHICH THE CENTER QUARTER CORNER OF SAID SECTION 9 BEARS S 83°0S'32" W, 912.09 FEET; THENCE N 00°09'00" W, ALONG SAID WESTERLY RIGHT- OF-WA Y, A DISTANCE OF 70.00 FEET; THENCE N 89°Sl'OO" E, DEPARTING SAID WESTERLY LINE. A DISTANCE OF 30.00 FEET TO 1HE EASTERLY RIGHT-OF-WAY OF SAID CITY DITCH; THENCE S 00°09'00" E, ALONG SAID EASTERLY RIGHT-OF- WA Y, A DISTANCE OF 70.00 FEET; THENCE S 89°Sl'OO" W, DEPARTING SAID EASTERLY LINE, A DISTANCE OF 30.00 FEET TO 1HE POINT OF BEGINNING. 1HE ABOVE DESCRIBED PARCEL CONTAINS 2100 SQUARE FEET OR 0.048 ACRES, MORE 0R LESS. BASIS OF BEARINGS: 1HE SOUTH LINE OF 1HE NORTHEAST QUARTER OF SECTION 9 BEARS N 90°00'00" E, AS SHOWN ON 1HE BELL ISLE GARDENS SECOND Fll.lNG SUBDMSION PLAT RECORDED UNDER RECEPTION NO. 47S064. LICNSECD. WPD 2/271fn 2YLSTRA BAKER SURVEYING, INC 1510 W. TUFTS A VE . ENGLEWOOD CO 80110 303-781-0700 EXHIBIT 0 10 20 40 -----SCALE : 1 • •20' I I I I 13.6 ' I \· I 6TH P.M. £AST" 1/4 co~ SECTION e FOUND 3 1/4" AL.UM C»' INI RANCE IOX "COLO OEPT Of' TRMSPORTATION ENTER 1/4 CORNER SECTION 9 TSS lleaw I 4 S s ~o 19911 PI.S NO 235111° f'OUNO 3 ·1;4• Al.UM CJI' IN RANGE aox "COLO OEPl' Of' TRANSPORTAllON TSS Rll8W C 1 4 SEC 9 1N7 Pl.S NO 107~" -l!!QIE; I . THIS EXHIBIT DOES NOT REPIIESCNT A MON.11:NTED SUMY . IT IS INTO«D ONLY TO DEPICT Tl€ ATTACHED OCSCRIPTICIN . 1 CllY OF ENGLEWOOD 1·-20· cwt 2/27/02 HET 2 a, 3 A 70 .00 FOOT WIil[ lJT ILITY NC lltlDCE/CU.VCRT CROSSING LICENSE AGll£D,£NT SI JUAT[D IN Tl€ IGITt£AST Cl.WlfTDt SECTION 9, T 5 S . It UW . In+ -'.M .. CITY 0, DIGl.£'IOOO . COIMfY a, .IIRAPAHOC, STAT[ fJI COl,OIW)() EXHIBIT N£1/4 SECTION 9, T. 5 S., R. 68 W., 6TH P.M. CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO ~ 10'-15' OF SLOPE AT A MAXIMUM OF 3: 1 PROPERTY LINE I I 22' WIDE COMMON DRIVEWAY 11 ' EITHER SIDE OF PROPERTY LINE CROSS SECTION NOT TO SCALE 10'-15' OF SLOPE AT A MAXIMUM OF 3: 1 SANITARY SEWER I . TH IS EXHIBIT DOES NOT REPRESENT A IICN.IENTED UVEY . IT JS JNTEt«D ONLY TO DEPICT M ATTA()£!) DESCRIPTION . CllY OF ENGLEWOOD -Ill' SCAL£ JRT N/A CHlO<GI ~RZ DOit 2/27 /02 A 70 .00 FOOT WIDE UTILITY MCI •1DG[/Q.LV£R1' CAOSSINC LI COl5[ AGIIEEll>IT Sl~TED IN M NOltl'tDST QUMITER SECTION 9. TS S, It •• Int ,.11 ., CI TY aF ENGLDOCID, CIUITY '1F l#WWIIE.. STATE aF COLCJUDO . TiilS LICENSE AGREEMENT, made and entered into u of this __ day of , 20_, by and between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, herein referred to u "City", and _...Rq,ert_...._.....,J""'. __ Sctlfim= ....... a:...----------' herein referred to as .. Licensee". W1TNESSE1H: The City without any warranty of its tide or interest whaboevcr. hereby authorizes Licensee, its successor, usigns, to install a sanitary sewet" line and a mmral gas line over the City's rigb~f-way for the City Ditch, described u a parcel of land silD8led in the Nonbeast Quarter of Section 9, Township 5 South, Range 68 West of the Sixth P .M, COUllly of Arapahoe, State of Colorado described • follows: See attached ExlnDit I. Ally construction contemplated or performed under this License shall comply with and conform to standanls formulated by the Director of Utilities of the City. 2. The Licensee shall notify the City's Director of Utilities at least three (3) ~ prior to the time of commencement of the construction of, or any repairs made to, Licensee's saniulry sewa-line and/or natural gas line so that the City may, in its discretion, inspect such opeullions. 3. Within thirty (30) days from the date of the commencement of consuuction of said sanitary sewer line and/or nanual gas line the Licensee shall complefe such CODSll'UCtioa. place and maintain permanent, vist1>le markers, of a type and at such locations u desilPfflP'd by the City's Director of Utilities, referring to the centerline of the ~on and shall clear me croaina area of all construction debris and restore the area to its previous condition u near • may be reasonable . In the event the planing of the centerline markers and the clearing and restorllion of the crossing area is not completed within the time specified, the .City may c:ompiete the wort at the sole expense of the licensee. 4 . The City shall have the right to maintain, inslall, repair, remove or relocate tbe City Oi1dl or any other of its facilities or installations within the City's ripts-of-way, at any lime and in such manner as the City deems necessary or convenienL The City reserves the exclusive ri&ht to control all easements and installations. In the event the sanitary sewer line andfor the natural ps line should interfere with any future use of the City's riahts-of-way by the City. me Liccmee shall, upon request and at its sole expense, n:locate, rearrange, or remove its inmlJerions so as not to interfere with any such use. S. Ally repair or replacement of any City installation made necrmry, in the opinion oftbe City's Director of Utilities because of the construction of the sanitary sewer line and/mme natural ps line or other appurtenant installation thereof, shall be made at the sole expcme ofme Llc:emee. 6. The stipulations and conditions of this License shall be incorponded into contnM:t specifications if the construction herein authorized is to be done on a contract basis. 7. The rights and privileges granted in this License shall be subject to prior agRCIIICDtS. licenses and/or grants. ~ or unrecorded, and it shall be the Licensee's sole responsibility to determine the existence of said documents or contlictiq mes or insaallarioas. 8. The Licensee shall contact and fully cooperaae with the City's penonnel and the COIIIIIUCtioo shall be completed without interfe1euce with any lawful , usual or ordinary flow of waler tbroup the City Ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch. 9. All trenches or holes within the City's rights-of-way shall be beckfilled and tamped to the original ground line in layers not to exceed six (6) inches loose measure to a compaction of ninety percent (90%) Standard Proctor Maximum Density. 10. Licensee, by acceptance of this license. expressly assumes full and strict liability for any and all damages of every nature to person or property caused by water &om the ditch leaking tbroup the ditch banks or pipeline at the point or points where the Licensee performs any wort in connection with the crossing provided by this license. The Licensee assumes all teSpOnsibility for maintenance and installation. 11. Licensee shall indemnify and save harmless the City, its ofticen and employees, .. any and all claims, damaaes, actions or causes of action and expemes to which it or they may be subjected by reason of said sanitary sewer line u,J/or aalUral pl line bein& widlin and acrou and under the premises of the City or by reason of any wort done or by omission made by Licensee, its agents or employees. in coDDeCtion with the CODStlUction. replacemertt, DMPDICIW¥:e or repair of said installation. 12 . It is expressly agreed that in case of Licensee's breach of any of the within prolililes, the City may. at its option, have specific performance thereof. or sue for damages resultiq from such breach . 13. Upon abandonment of any right or privileae herein panred. the ript ofLicemee to that extent shall terminate, but its obligation to indemnify and save harmless the City, its officers and employees, shall not terminate in any event In granting the above authorization, the City reserves the ript to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and syslem under control oftbe City. 2 • .t IN WlT:V~:SS WHEl{l::OF . th,s 11i.tru~mcn1 has heen .,xecut.:rl ;a,1 ufth" day aml Yl.':tr lir~t above wrlttl!n . IN WITNESS WHEREOF. this instrument has been executed u of the day and year first above wntten . ATTEST: ClTY OF E:,.iGLEWOOD City Clerk -Iox:rishia A. El1ia APPROVED AS TO FOPM: ATTEST: City Attorney City Clerk The undenicned authorized officer of ____________ _ hu read the f'onsoinr Licenae and asnea for and in behalf ol uid ----~""'.""~-=-- ------:---:".~-:----:-----that it will accept and will abia by all the terma and conditiona thereof. ATTEST : Title (SEAL) . ' . LICENSEE; ~&' Title z.5117 ~:o. Addresa: La.~ C,. So~7 Phone : 3',3 .Cf11. '7752. S11EET10F2 20 FOOT WIDE UTILITY CROSSING LICENSE AGREEMENT LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE NORTIIEAST QUARTER OF SECTION 9, TOWNSHIPS SOUTH, RANGE 68 WEST OF THE SIXTH P.M., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY RIGHT-OF-WAY OF THE CITY DITCH, FROM WlilCH THE CENTER QUARTER CORNER OF SAID SECTION 9 BEARS S 73°08'29" W, 935.19 FEET; THENCE N 11 °04'51" W, ALONG SAID WESTERLY RJGHT- OF-WAY, A DISTANCE OF 20.00 FEET; THENCE N 78°55'09"' E, DEPARTING SAID WESTERLY LINE, A DISTANCE OF 30.00 FEET TO A POINT ON TIIE EASTERLY RIGHT-OF-WAY OF SAID CITY DITCH; THENCE S 11 °04'5 l" E, ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF 20.00 FEET; THENCE S 78°55'09" W, DEPARTING SAID EASTERLY LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. TIIE ABOVE DESCRIBED PARCEL CONTAINS 600 SQUARE FEET OR 0.014 ACRES, MORE OR LESS. BASIS OF BEARINGS: THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 9 BEARS N 90°00'00" E, AS SHOWN ON THE BELL ISLE GARDENS SECOND Fll..ING SUBDMSION PLAT RECORDED UNDER RECEfflON NO. 475064. LICNSEA. WPD 3,'0l/02 ZVLSTRA BAKER SURVEYING, INC 1Sl0 W. TIJFTS AVE. ENGLEWOOD CO 80110 303-781-0700 EXHIBIT NE1/4 SECTION 9, T. 5 S., R. 68 W., 6TH P.M. CITY OF ENGLEWOOD, COUN7Y OF ARAPAHOE, COLORADO \ \ 'OI" E \ ,.d S '1'TJtf.'51" E atJ.00 N 0 10 20 40 N '1'TJtf.'5t• W atJ.00' _.,_ ---SCALE : 1 "•20' ENTER I/ 4 CORNER SECTION 9 FOUND J 1/4• Al.UM C/IS' IN RANCE BOX "COLO O€P1' OF TIWISPORTATION 5S ReaW C 1/4 SEC 9 1997 PLS NO 10734• I . THIS EXHIBIT ~S NOT REPRESENT A IOUENTED SUtVEY . IT IS INTOUD l)U TO DCPICT nt: ATTAOEI) DESCRIPTION . CllY OF ENGLEWOOD \ 14.8' CONTAINING ISOO SQUAR£ FEET OR 0.014 ACRES MOR£ OR LESS (AST 1 / 4 CORNER SECTION 9 F'OUNO l 1 / 4" ALUM Cl# It RANGE IOX "C0U> DEPT OI TRANSPOIITATION ~S ReaW 1/4 S9ISIO 19N PU NO 23518" A 20 .00 F'OOT WIDE UTILITY CIIOSSINC LICO& AGIIEDl[NT SI TUA TED IN nt: NIJffl€AST GUMTElt S[CTION 9 . T 5 S. R •. 11'4 P Ill .• CI TY (f' ENGL£WOCI). COlMTY (f' /IIW#U. STAT[ (f' COLOIIADO . Sta:T 2 (f' 2 THIS LICENSE AGREEMENT, made and entered into as of this day of , 20_, by and between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, herein referred to as "City", and --"R;lbert.....,.=...;:J...:... _,Schwinn==-=·=----------' herein referred to as "Licensee". WITNESSETH: The City without any warranty of its tide or interest whatsoever, hereby authorizes Licensee, its successor, assigns, to install a bridge/culven over the City's rigbls-of- way for the City Ditch, described as a pen::el of land situared in the Northeast Quarter of Section 9, Township S South, Raap 68 West of the Sixth P.M., County of Arapahoe, State of Colorado described as follows: See atta:hed Exhibit 1. Ally consuuction contemplated or performed under this License shall comply with and conform to standards fonnulatcd by the Director of Utilities of the City. 2. The Licensee shall notify the City's Director of Utilities at least tine (3) days prior to the time of commencement of the c:onsttuction of, or any repairs made ro, Lic:emee' s bridae/culvert so that the City may, in its diacmioo. inspect such operations. 3. Within thirty (30) days from the date oftbe commencement of construction of said bridge/culvert the Licensee shall complete such coamuction, plKe ad .....,.., permaenl. visal>le markers. of a type and at such locatiom • clesipered by 1be City's DinlCllor ofUtili1ics, referring to the cenlediDe of the imlalladon and shall clear the Cl'OIIUII .. of Ill CClllllrllCtioa debris ad restore the &lea to its previous condition IS -as may be llmOliable fa 1be Cveal tbe_planing oftbe centerline markers and the clearina ad restoration oftbe Cl'CJIIUII Ila is not completed within the time specified, the City may complete the work at the sole expense of b: licensee. 4. The City shall have the right to maintain, install, repair, remove or relocate the City Diu:h 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 dcesns necessary or convenient. The City reserves the exclusive ript to control all easements and installations. In the event the bridge/culvert should inrcrfere with any future use of the City's rights-of-way by the City, the Licensee shall, upon request and at its sole expense, relocate , rearrange, or remove its installations so as not to interfere with any such use. S. Any repair or replacement of any City installation made necessary, in the opinion oftbc City's Director of Utilities because of the construction of the bridge/culvert or other appunenant installatio n thereof, shall be made at the sole expense oftbe Licensee. • t 6. The stipulations and conditions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done on a contract basis. 7. The rights and privileges granted in this License shall be subject to prior agreemenrs. licemcs and/or grants. recorded or unrecorded, and it shall be the Licensee's sole responsibility to determine the existence of said documents or c:ontlicting uses or inslallations. 8. The Licensee shall contact and fully cooperate with the City's penonncl and the consttuction shall be completed without interfaence with Ill)' lawful, usual or ordinary flow of Wider duouah the City Ditch. Licensee sball auume all risks incidenl to the possible pramce of such waters, or of storm watas, or of smface warms in the City Ditch. · 9. All trenches or boles within the City's riptiM,f-way shall be lw:ktillecl and tamped to tbe ori&inal ground line in layers not to exceed six ( 6) inches loose measure to a comJ*:tion of ninety percent (90%) Standard PIOctor Maximum Density. l 0. l ·ensee, by accepcan.:e of this liceme, expressly assumes full and strict liability b 111)' wl all damages of ,:very nature to person or property c:amed by water &om the ditch leakina duouab the c tch banks or pipeline at the point or points where tbe Llcemee pmfonns Ill)' wodt in connection with the crossina provided by this lic:eme. The Licensee assumes all respoas1Dility for maintenance and inslallation. 11. Liccmee shall indemoify and SIM bmn'-tbe City, its oflirm and employees....-my and all claims, demnps, 1C1iom or c:ames of action wl expcmes to wbic:b it or tbey may be subjected by rason of ssid bridp/cuhert beina within end srma and under tbe t*eauiw of tbe City or by reason of sny work done or by omission made by Licemee, its,..... or emp&o,ees. in c:onncction with the ecx1muction, replacemem. maince,.,. :e or repsir of ssid imlallalioa. 12. It is expressly sareed that ill cw of Licensee's breach oflll)' of the within plOllliles. tbe City may, at its option, have specific performance thereof. or sue for damaaes resultiaa from sucb breach. 13. Upon abandonment of any ript or privileae herein panted. the ripl ofLic:emce to that extent shall terminate, but its obliption to indemnify and ave lmmless the City, its officers and employees, shall not terminate ill sny event. In grantina the above nuthorization, the City reserves the ript to mslte full me of tbe property involved as may be nec:esssry or convenient in the operation of the water works plant and system under control of the City . 2 JN WJT:-.il~S S WH!-:l {EOF . lh1H 111strucnu,n1 has hm,n ,,x .. cutcn :11• .,ftlw ,J:ay .11111 yt•;ir fir~, :thovc written IN WITNESS WHEREOF . 1h11 1n1trument has been executed as o( the day 3nd year fint above wntten. CITY OF ENGLEWOOD ATTEST: City Clerk -Iox:riahia A. ElUa ATTEST: APPROVED AS TO FORM : City Auorney Tha w,uniped authorized officer of ___________ _ bu read tbe......., Liaue and qnee lar and ia bellalf ol Nid _______ _ ----------~-----that i& ....... , ... will allille.., all tbe tenu and CDDdi&ioDI tbenof'. ATTEST : Title (SEAL> . \. LICENSD: ~~IL.:, By :r..crt: .:r5 Ss ha,i,l: Title 2"7 . ~ • AddNU: 1-,"cw•-' I Q. 10~27 Phone: 3o 3 -q IC · i75.:Z. . . 30 FOOT WIDE BRIDGE/CUL VERT CROSSING LICENSE AGRDMENT LEGAL DESCRIPTION SHEETIOfl A PARCEL OF LAND SmJATED IN TIIE NORlHEAST QUARTER OF SECTION 9, TOWNSHIP S SOUl'H, RANGE 68 WEST OF THE SJX'lll P .M., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON TIIE WESTERLY RIGHT-OF-WAY OF TIIE CITY DITCH, FROM WHICH TIIE CENTER QUARTER CORNER OF SAID SECTION 9 BEARS S 75°59'36" W, 930.02 FEET; TIIENCE N 07°57'2<1' W, ALONG SAID WESTERLY RIGHT- OF-WAY, A DISTANCE OF 30.00 FEET; TIIENCE N 82°02'40" E, DEPARTING SAID WESTER!. Y LINE, A DISTANCE OF 30.00 FEET TO A POINT ON TIIE EASTER!. Y RIGHT-OF-WAY OF SAID CITY DITCH; THENCE S 07°57'20" E, ALONG SAID EASTERI.YRIGHT-OF-WAY, A DISTANCE OF 30.00 FEET; lliENCE S82°02'40" W, DEPARTING SAID EASTERLY LINE, A DISTANCE OF 30.00 FEET TO TIIE POINT OF BEGINNING. TIIE ABOVE DESCRIBED PARCEL CONTAINS 900 SQUARE FEET OR 0.021 ACRES, MORE OR LESS. BASIS OF BEARINGS: TIIE SOUTH LINE OF THE NOR.lHEAST QUARTER OF SECTION 9 BEARS N 90°00'00" E, AS SHOWN ON TIIE BELL lSLE GARDENS SECOND Fll.ING SUBDMS1.0N PLAT RECORDED UNDER. R.ECEmON NO. 47S064. LICNSEB. WPD '1J'Z7m. ZVLSTRA BAKER SURVEYING, INC 1510W. n.JFTSAVE. ENGLEWOOD CO 80110 303-711-0700 0 10 20 ·---- EXHIBIT 40 CONTAINING 900 SQUARE FEET OR 0.021 ACRES MOR£ OR LESS SCALE: 1 • •20 ' ENTER 1/4 CORNER SECTION 9 F'OUNO J 1/4" ALUM CN' IN RANCE BOX "COLO DEPT OF' TRANSPORTATION 14.8' [AST 1 / 4 CORNER SECTION 9 F'OUNO J 1 / 4 • ALUM C>P IN RANGE BOX "COLO 0£PT OF' TRANSPORTATION T5S RNW 1/4 SS11S10 1996 PlS NO 2~1&" S R68W C 1/4 SEC 9 1997 PlS NO 10734" 11 ,o•oo·oo· • 2ut.4'' -------- I. THIS £XH I 8 IT DOCS NOT REPRESCNT A IOUIENTED SUNEY . IT IS INTDC>ED ON.Y TO D[PICT THE ATTAOE> DESCIIIPTIC*. CrTY Of ENGLEWOOD -" 11:Al JRT 1°•20' ,_" JRZ cwt 2/27/02 A l0 .00 F'OOT WIOE llltlOCC/0.U(RT CROSSING LIC[NS[ AGREDl'.NT SITUATED IN M NORMAST CIJARTDI SECTIC* 9. T 5 S. R 8811 . 6TM P .111 • Cl TY CIF' ENGLEWOOO. C<l.NTY CIF' ~/ltU.. STA TE CIF' COl.CIRAOO SICET 2 OF' 2 ..... .. .• ... • • COUNCIL COMMUNICATION Date April 1, 2002 Agenda Item 10 Ci Subject Resolution to Negotiate and Award Contract for the 2002 Micro-surfacinR Pro2ram INmATEDBY Deoartment of Public Works I STAFF SOURCE Ken Ross Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Resolution No. 28, Series 2001, Resolution No. 42, Series 2000, Resolution No. 44, Series 1999, Resolution No. 51, Series 1998, Resolution No. 43, Series 1997, Resolution No. 44, Series of 1996, Resolution No. 35, Series of 1995, Resolution No. 40, Series of 1994, Resolution No. 39, Series of 1993, Resolution No. 52, Series of 1992, and Resolution No. 38, Series of 1991, approving negotiating contracts and awarding negotiated contracts for the 2000, 1999, 1998, 1997, 1996, 1995, 1994, 1993, 199 2, and 1991 micro-surfacing programs, respectively. RECOMMENDED ACTION We are seeking Council approval of a Resolution allowing a negotiated contract with Bituminous Asphalt Sealing Specialists, Inc., a.k.a., BASS, Inc., in an amount not to exceed $360,000 for our 2002 Micro- surfacing Program. BACKGROUND, ANALYSIS, AND ALTERNATI\IES IDENTIFIED Each year, our Streets Maintenance Division reviews Englewood's 119 miles of streets and determines which roadways are in need of maintenancerefforts. The design life of an asphalt road is 20 years. In order to coax 20 years of life out of our roads with the tough Colorado freeze/thaw cycles, studded snow tires, the challenging and constantly changing subsurface conditions, as well as the truck and bus traffic, we need to periodically perform some resurfacing treatments. Staff introduced "Englewood" micro-surfacing in 1991. Our objective was to develop an alternative to address the maintenance needs of roadways subjected to excessive traffic volumes resulting in pavement rutting and lanes requiring leveling treatments along with new wearing courses and surface seals. Micro- surfacing is a cost effective maintenance alternative that provides rut fillin& leveling of existing pa v ements, a surface seal and a new wearing surface. The finished product is jet black, aesthetically pleasing, and exhibits more traction than the original asphaltic concrete for improved safety. Modification in the product chemistry over the years has enabled us to open streets to through traffic in 20 to 30 minutes, if required. BASS has satisfactorily participated in a partnership arrangement with the City for the last eleven years to construct our micro-surfacing programs, having now placed a total of 2,279,000 square yards of our design product (approximately 907 blocks, or 113 miles of roadway). Our design c ontinues to specify the quality custom crushed, gray granite aggregate supplied by Asphalt Pavi ng Compan , Golden, Colorado. We will continue to use the improved ERGON emulsion, as d eve lo p ed fo r our program . However, our specified ERGON emulsions are not manufactured in the D enve r ar ea. ERGON emulsions must be transported from Waco, Texas. • . . • Micro-surfacing requires highly specialized construction equipment Based on our last ten years of experience, we know that the use of continuous micro-surfacing equipment produces a superior product when compared to that applied with truck-mounted type machines. Continuous equipment provides consistency of application and minimizes seams by reducing equipment stops and starts. The number of continuous micro-surfacing machines continues to grow throughout the country; BASS owns and operates two of these machines. BASS has successfully constructed micro-surfacing on selected arterials, collectors, industrial and local service streets in our 1991, 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, and 2001 micro- surfacing programs. Throughout our eleven-year experience with "Englewood" micro surfacing, and BASS, Inc., citizen response continues to be positive. The worlcmanship of BASS, Inc. remains superior. Staff continues to monitor slurry seal and micro-surfacing actlvhies in the metro area. This year a number of cities are exploring using this product, and BASS, Inc. is even looking into selling up a Denver office. Last year Cherry HiUs Village used the same product and they were very happy with the results. Cherry Hills Village used our specifications and they advertised for bids, only two companies submitted bids, and BASS, Inc. beat the competition by $73.00 per ton. The other company was based in California. Most of the cities in the Denver metro area apply either slurry seals or chip seals to help prolong the life of their roads. Slurry seal is a very thin application product BecauN d the thin application ( 1 /8 inch thick or less), the protection and benefits of this treatment are not significant Chip seals rely on the rock or aggrepte to provide traction and protection beneftts. However, chip seals are dustier; when cars drive too fast immediately after the chip is applied. cracked windshields can occur; the streets are nosier; and, when kids fall off their bikes, 1heir scrapes are worse. Citizen complaints are typical with chip sealing. Experience with applying our product is crucial to a suc:cessful project. We prefer uslns the only contractor that has repeatedly demonstrated succeuful applic:alions u1i11zins the products and mix designs that we have developed, and has consistendy achieved the desired ,.._ We are Ulilfled with product performance to date and are particularly pleased with performance on our local HfVlce streets. The contractor, BASS, Inc., is avaHable to accomplish our 2002 project in mid May. Our 2002 Mlcrc> surfacing Program will target local and collector streets. FINANCIAL IMPACT We expect that bids for standard slurry in the metro area, LUIS local contractors and lower quality components than our specifications, should range from $1.20 to $1.65 per square yard in 2002. We believe, however, that the recommended course of action represenll superior value to our citizens, because: 1. The City of Englewood has developed a product that has superior worbbllity than the standards being utilized by other jurisdictions. 2. We are utilizing a contractor that has a 11-year track record with this product and our specifications, and a 10-year history for being responsive to our needs and thole d our dllzens. 3. Micro-surfacing has construction advantages over slurries in that rnicn>awfacina can be used for rut filling and leveling in addition to provldin1 the surface seal and new weartna surface. 4. Micro-surfacing is more customer frlencly, and doesn't require larp quanllties d IOOH rock that could cause problems or concerns for our citizens. The short set time alows lhe roadway to be reopened without long delays . 5. Micro-surfacing has lhe capability of bein1 applied in affl/ required thldcnell lhat II nec:..a,y to address our street maintenance needl. BASS is willing to return to Englewood in 2002 to construct our micro-surfacing project at a unit price comparable to last year's contract, even though there has been significant increases this year in the price of aggregate and petroleum based products. ~ Year Contract Square Blocks Price Amount Yards Per SQuare Yarcf' 1991 $280000 160000 60 $1.7S 1992 $260000 185000 70 $1.41 1993 $305000 201 000 76 $1.S2 1994 $315 000 207.000 80 $1.SO 199S $339000 209000 80 $1.62 1996 $358000 223,000 86 $1.61 1997 $360000 240000 97 $1.S8 1998 $361 000 214000 90 $1.69 1999 $350000 214000 86 $1.63 2000 $355000 201 000 93 $1.77 2001 $360,000 200000 89 $1.80 2002 Estimated $360000 187000 74 -$1.88 $515,000 is available in the Road and Bridge PIF account for 2002. The balance of funding in the 2002 Road and Bridge PIF account will be utilized for asphaltic concrete overlays by Englewood forces, and the associated maintenance program administration, testin& program studies and inspection. UST Of ATIACHMENTS Resolution Color Coded Map"' List of streets for proposed 2002 Micro-surfacing Program"' List of streets for proposed 2002 Overlay Program "' " Due to the varying application rates of micro-surfacing. and ever changing roadway conditions, micro- surfacing is contracted by unit weight applied (tons). "' These lists are merely our recommendations for the proposed programs and are, of course, subject to City Council review and comment. :i 111 I PROPOSED 2002 MICROSURFACING AND OVERLAY CITY OF ENGLEWOOD Miliii+,l"'l"',1'~ -- I --L..&.·~ ~M+f+O++++H+t - ~ .......... ~llo+to1H+t~ - l,.l,.l.~~~1~+H+t -............. ---- ----'~ -NICIIIOIUIIMCIIN 2002 -OVIIU.AY H02 -,I.LI, ....... ~ --_ ___,.___, ... - STREET DIVISION 2002 MICRO-SURFACING LIST I AIIENUEISTREET III.OCl<S FROM TO I LAnaltl Wllltl SQ/YD I lJncml Hwy.286 ~ "60 30 1,523 lJncml ....... Ollanl 820 32 2,204 SlwllWI ~ ~ ~ 30 2,193 SlwllWI Lalllgh ....... 630 30 2,065 SlwllWI Prtncaan QwnGy 825 38 2,708 SlwllWI la,llln a-.o 830 31 2,135 Grall 0.5 ....,._ ~ 388 31 1,317 Grall ~ UIIIIII 6l50 28 2,001 Grall LAhlgh ....... 830 28 1,939 Grant °"'°"' Pltncall, 815 31 2,132 login ....... ....... 880 34 2 ,493 l.agln ....... Odonl 885 38 2,875 l.agln Ollbd PltncllDn 815 38 2,831 Bannock 1 OJifald ......... 648 38 2.714 Bannock 1 Pmclllln a..:, 822 38 2,885 Bannock Slanfonj Tufts 818 40 2,710 Bannacl: Tufts Union 850 38 2.848 lllnnDd< 1 Unkln la,llln 630 38 2,758 Dlllla9 1 LAhlgh ......... 880 .., 2,933 Dlllla9 llollnlllld ....... 880 38 2.880 Dlllla9 ....... Ollald 825 38 2,838 Dlllla9 Ollbd Pmclllln 830 38 2,730 Ellli 5100 BIDcll 370 31 1,274 Fa ....,._ ....... 870 36 3,313 Fa 1 a..:, Radclll 818 315 2.403 ~ 1 ~ LAhlgh 820 31 2.138 Hulan 1 .lllfllNII ~ 407 38 1,784 llllaca 0.5 a.a-a.a.. 322 40 1,431 llllaca 0.5 DIINa9 111111 328 40 1,488 -0.5 Ellli Fae 287 40 1,279 -0.5 Fae ........ 333 38 1,443 llhaca 0.5 GlilplgD Hurm! 280 38 1,213 Manafield 0.5 ~ Acania 302 40 1,342 .... flald 0.5 a.a-DIINa9 296 29 941 Mawfilld 0.5 DIINa9 .... 325 32 1,138 lotllwflald 0.5 Ef,1jj ,. 344 31 1,185 ......., 0.5 Fa ........ 330 32 1,116 ........ 0.5 GlilplgD .... 488 315 1.812 ~ 0.5 Huran Inca 148 32 518 Ollfald 0.5 an--, ,._ 335 52 1,938 Oxford 0.5 Acania ...... 325 52 1.m Oldold 0.5 Bannodl a.a. 325 52 1.m Oldold 0.5 Fae ........ 325 Ill 2.022 Oldold 0.5 GlilplgD .... 345 118 2,147 Oldold 0.5 Hunln ... 345 Ill 2,147 Oxford 0.5 Inca .,.. 320 Ill 1,1181 Oldold 0.5 .,_ ..... 335 Ill 2,C114 Ollfad 0.5 ~ LlJlllt GO 58 3,049 Odon! 0.5 L4lan W'llldu;;www 382 58 2,252 ~ 0.5 Bnladway Aearna 286 35 1,121 C"-ngo 1.5 Fldnl IIWlg 1200 32 4,233 a..., 1.5 IIWlg ..... 1434 32 5,099 lrwig 1.5 Radcllr tMllon 792 33 2,888 L8Ngh 0.5 Glllplgo Huran 290 38 1,188 .... 2 Tljan Zin 1279 32 4,579 ~ ,... Gnni 815 32 2,187 ...... Hwy. 215 ....... 370 13 518 e-..n 2 DcMnilg Cllllllon 1300 32 4,822 Amllnt DcMnilg Ogdlrl 830 43 3,031 Anlla9t o.s Ogdlrl ClrDICII 210 20 471 c-2 ,... ..... 1274 31 4,380 Emnon Hwy.215 ..... 810 31 2,115 Ghrcl 0.5 DcMnilg eo... 285 31 &e8 en..an 1 v• ClrDICII 525 20 1,187 Pa ....... 2 v• ... 1290 32 4,410 Alnllall 1.5 LagM Wlllli-. 975 28 3,142 P9at °""'°"" e-. 830 28 1,880 Pa, ........ Conwl ~ 830 27 1,880 51111"*1 1 Hlmpdan Girard 821 38 2,857 o..a... 1.5 IJnat LagM 948 38 4,047 l..lncml Olllnauli e--. 840 30 2,133 Acasa v• Alaall 827 30 2.080 a... 1 Dnnaull Cclllll 825 30 2,083 a... 2 ... v• 1281 30 4.270 Glllplgo E-...i ,... 800 31 2,033 Amlsnt 1 a.a.. 1111 423 30 1,419 o..a... 2 l'GI S...Fe 808 84 8,457 o..a... 1.5 S...Fe E. Pllat ... Dr. 950 55 5,808 8-Pl!wr. DcMnilg Ogdlrl 830 21 1,820 CudaNc Amlsnt OIEIIII 79 84 582 CudlNc IJnat ....,. . 223 CudaNc EIIII Dr. S.d ...... 71 71 440 ...... !:!!z215 llaspdasE.I 113 21 -Totals 74.5 .tll42 31 1 .... ALTERNATES . High 2 ~ ,... 1284 31 4,423 Vine St. 2 Dnnaull e-. 878 31 UN "-2 Dnnaull Fia,d 1212 31 4,418 Gawb'd 2 Dnnaull Pl. &Illa 740 31 2.548 VlneCt. 2 ~Pl. E-. 725 31 2.487 Yen 2 Dnnaull Pl. ~ 800 31 2.711 L.-4 Dnnaull ..... ,. 1744 30 5,775 ,... 4 Inca ~ 2353 38 9.020 Tat.II~ 20.00 9,804 34.- Streets Division '. 2002 OVERLAY LIST AY91JE/STAEET Blades fNIII To l.alfth Width SQM) t>claare l EaltNn l>trt-"' 880 40 2919 t>claare l '*"-"' Carlllll 803 32 2184 t>claare l c...11 ..,. 825 38 2479 lllnldi ' l Eat-. r,.,,-,th 829 30 2083 WlllhiMtOII l c.r-11 ... 815 28 1793 l<lDdan I c.r..11 l>trt-"' 710 31 2422 lo.-I ....... Hllp.215 580 31 1923 c-l ........ Hllr.215 570 31 1851 c-l Fto,d ~ 888 31 23&9 c-l e.r-blrtamith 817 29 1974 Marioll l ....... ....... 533 31 1824 Morion l ......... 6lrcrd 833 35 2483 Marioll I Gilwd fl¥ 850 31 2817 Laf¥H• I ~ Em,,-875 38 3403 Laf¥"• I Em,,-FIMI 410 30 1387 Laf¥H• I 6irwd ........ 825 25 1701 .._ l r-Hllp.215 480 31 2080 ,.._ l Lahlah .,r-857 31 2847 ,.._ l Lahlah Mmwftald 830 31 2730 Wtllhiftfton l Oxfwcl .......... 11111] 31 2084 Wtllhiftfton l l'rllatllll a-., -31 2077 0.-.. l l'rllatllll QliKY 830 31 2TS1 Elati l Mmwftald ....... 830 31 21158 Elati l ....... Oxfwcl 830 31 21158 Elati I Oxfwcl .......,_ 820 30 2087 Elati l Stanrd 1llfts eoo 31 2053 Fox l Lahlah ....,.... -31 'J!J77 Fox l Malwfilld Nlllaa . 825 29 2014 Fox l Nlllaa Oxfwcl .-80(1 31 2073 Fox l Oxfwcl ......... 810 31 2101 Fox I l'rllatllll Clllilll:v MO 31 2224 ~ 2 Hlfy. 211!1 JcffwM, 870 40 3887 Inc.a I ic....., Llhiah 820 31 2101 Quincy l ..__ 1-eoo 31 2800 Chenai,go 2 ..__ u..., 1380 30 4533 TOTAL 37 22633 SI 121• ALTERNATES: Logo,, l ....... Hllp.Zl!I 540 31 2340 WCllh i"!JfOfl I iilw-d ...... 850 31 2253 Cheroloee 0 .5 Tuft1 to~ 2SO 31 1083 1---l MaMfilld ....... 41() 31 11112 t. Jeff.--l F• .... 810 31 26G I.Hlde,,[)r. I ...... ....,.._ ., 38 2840 Totol 5.5 -~LU'l'IO}i NO._ f ~IESOF2001 -~AW~A~-~'8~I002 ~~GPR00RA¥JNSTEAD OF 'mE COMPETITIVE BID _PROCESS .w 1ieooor'J'il:BOJa1WL1~...,..+14"1or T'l\ifhlGLEWOOD MUNICIPAL CODE 2000 . . . WHEREAS, the City of Englewood is responsible for maintenance of approximately 119 miles of public roadways in the City; and WHEREAS, the Department of Public Works and Engineering and Street Maintenance Divisions have developed a system-wide maintenance program in which they have found Micro-surfacing to be a viable and economic preventive maintenance alternative: and WHEREAS, local contractors have not demonstrated the ability and/or knowledge to construct Micro-surfacing acceptable to City standards when given the opportunity on demonstration projects for other jurisdictions in the past; and WHEREAS, the staff of the Public Works Department has evaluated the quality of Micro- surfacing utilizing a specific local aggregate and !l quick-set ERGON emulsion for the past 10 years; and WHEREAS, Bituminous Asphalt Sealing Specialiste, Inc. (BASS) of North Little Rock, Arkansas, has laboratory-tested and field-tested this product, and City 1taff bu evaluated the abilities of this company in p!Jlcing Micro-surfacing, and has diac:useed their work quality and product quality with other governmental agencies which have had yean of experience with this company; and · WHEREAS, BASS, Inc. has now placed a total of 2,279,00<,l square yards (approximately 907 blocks, or 113 miles of roadway) in the City of Englewood over a period of 11 years; and · · WHEREAS, Section 116 (b) of the Englewood Home Rule Charter and Section 4-1-3-1 , Englewood Municipal Code 2000 , permits contracts for public works or improvements to be negotiated, provided that contracts for which no competitive bids have been requested have been approved by resolution which shall declare the reason for exception to the competitive bidding r equirement; NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENG LE WOOD , COLORADO . THAT: Sec tjon L The Department of Public Works is hereby authorized to neeotiate a conuact fo r Eng le wood 's 2002 Micr o-s urfa cing Program in an amount not to exceed $360,000 in lieu of t he co mpe titive bid p r ocess a s allowed by Section 116 (b) of the Englewood Home Rule Ch a rter a nd Section 4-1-3·1, Englewood Municipal Code 2000. Se<;tion 2. The Department of Public Works ia hereby authorized to enter into a contract for the Englewood's 2002 Micro-surfacing Procram pursuant to their investigations of local aggregate, quick-aet emulaion produced by the ERGON Refinery in Waco, Teua and construction of the product on Englewood street& by Bituminous Aaphalt Sealing Specialiata, Inc., of North Little Rock, Arkansas. ADOPTED AND APPROVED thia lat of April, 2002. ATTEST: Beverly J . Bradahaw, Mayor Loucriahia A . Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .~ Seriea of 2002. Loucriahia A. Ellis • ... COUNCIL COMMUNICATION Date April 1, 2002 INITIATED BY Agenda Item 10cl STAFF SOURCE Public Works D artment COUNCIL GOAL AND PRMOUS COUNCL ACTION Subject Ken Ross Director of Public Works City Council approved the 2002 Budget that created a Public Improvement Fund Project called the "Kent Village Soundwall" and appropriated $75,000 as the City contribution for construction of a soundwall adjacent to Highway 285 in front of Kent VHlage. RECOMMENDED ACTION The Public Works Department recommends that Council approve, by motion, that the City enter into a contract with Nova Sound Wall Corporation to construct the l~oot high soundwall along Highway 285 adjacent to Kent Village Subdivision Second Aling. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood has in place an administrative policy to deal with noise attenuation for residential properties adjacent to roadways where the roadway noise generated is in excess to 65 decibels. The Kent Village Homeowners Association has requested highway noise attenuation along Highway 285 along the southern boundary of Kent Village. The City of Englewood has reviewed the request and It meets al the requirements of the Noise Attenuation Policy. City Council has appropriated the S75 per linear foot match. Construction plans and bid documents were prepared. The City advertised for bids, and six contractors picked up plans. The project was bid on Thursday, March 14, 2002. Two firms submitted bids and the apparent low bidder was Nova 5ound Wall Corporation, which submitted a bid . ~I Kent Village has provided a check to the City of Englewood to cover all costs for doing this work in excess of the $75,000 City contribution. Kent Village Homeowners Association and the City have reviewed the bid documents and both concur that this project should be awarded to Nova Sound Wall Corporation. FINANCIAL IMPACT There is $75,000 appropriated in the Public Improvement Fund for this endeavor. In addition Kent ViUage has deposited S 163,891 to cover the costs required to construct these sooodwal improvements, plus a 1 ()'II, contingency . Kent Village Homeowners Association has entered Into a contract with the City of Enstewood agreeing to provi de all required maintenance of the soundwall after it has been built and accepted . LIST OF ATTACHMENTS March 14 Bid Results Kent Village Soundwall Agreement 1 2 3 4 5 6 Bidder/ Plan Holder Ke•l Vlllaae S••d WaU HID rROl'OSAL TADU LA TION Marcll 14,2002 10:00a.m. BaHBld Add Allemllte Addendum• 1,1 ., ~ ~ ~ Nova Sound Wall Corp. :p:r. t,~:L,,., ,,.so.o. MLL ~ ~ t/ ,_./ Brown-Schrepferman 'j1<f, ~O.OI ~DO ,U() Serna Construction Superior Demolition ,, Rock & Company ! t Bond Remartll .,./ ~ , KENT VILLAGE SOUNDW ALL AGREEMENT THIS AGREEMENT is made and entered into this ~ day of /J1 Al JI d--- 200.LS by and between the CITY OF ENGLEWOOD (hereinafter referred to~ The Kent Village Association, a Colorado Non-profit Corporation (hereinafter referred to as "KENT VILLAGE"). WITNESS ETH: WHEREAS, KENT VILLAGE is the condominium homeowners association that represents all the condominium property owners in Kent Village, described as Kent Village Second Filing, City of Englewood, County of Arapahoe, State of Colorado; and WHEREAS, KENT VILLAGE has requested highway noise attenuation along Highway 285 along the southern boundary of Kent Village in connection with the City of Englewood Noise Attenuation Barrier Policy; and WHEREAS, KENT VILLAGE has submitted a written application for CITY consideration asking the City to participate in the funding for said noise attenuation barrier, as generally shown in Exhibit "A", attached hereto; and WHEREAS , KENT VILLAGE has provided a noise engineering analysis that has indicated that the noise attenuation benefits from the proposed soundwall will exceed the 5 decibels (dBA) fCduction threshold required in the City's Barrier Policy; and WHEREAS, the City of Englewood City Council has reviewed the KENT Vil.LAGE request and has agreed to provide funding up to S75 per lineal foot for 1,000 foot of soundwall; NOW, THEREFORE , for and in consideration of the promises and covenants herein appearing, the parties agree as follows: I. CITY RESPONSl)f lLITIES CITY will submit written application to the Colorado Department of Transportation (COOT) for the necessary permits to construct the proposed soundwall on COOT right-of- way . CITY will put together a bid package and bid the proposed work in accordance with City of Englewood regulations. CITY will handle all contract administration and construction inspection required for this work . CITY will obtain KENT VILLAGE concumncc with rapec:t to any c:omtruction contract amendments and construction acceptances prior to issuance. CITY will pay for first $75,000 of the costs associated with the proposed soundwall. CITY will return any unused portion of the KENT VILLAGE deposit back to KENT VILLAGE after final payment has been made to th e contractor. II. KENT VILLAGE RESPONSIBILITIES KENT VILLAGE agrees to pay for any and all costs in excess ofS75,000. KENT VILLAGE will submit a deposit in the amount ofS9S,700 as the applicant's portion of the consuuction costs for the proposed soundwall. This money will be placed in the City's interest bearing account. The applicant's deposit amount will be reviewed after bids arc received to detennine the adequacy of the deposit. If the bids received are in excess S 162,000, then KENT VILLAGE will need to work with the contractor, and the CITY to get the project in budget, or KENT VILLAGE will need to provide additional funding to cover the additional costs'. or KENT VILLAGE can request termination of this agreement, and the CITY shall return the KENT VILLAGE deposit with any interest accnied, less any costs the CITY has incurred in putting together the bid package and bidding the work. KENT VILLAGE will agree to work with the contractor to provide a reasonable area for construction staging on site. KENT VILLAGE agrees to maintain the soundwall against damage and vandalism. If the wall is not being properly maintained or repaired, then the CITY may &ive written notice to KENT VILLAGE that the maintenance must be performed or repain made within a specified time. If such repain or maintcnanc:e are not commenced and dilipntly punued within the stated time, the CITY may order such repairs or maintenance and KENT VILLAGE shall pay the reasonable cost thereof and the expenses connected therewith thirty (30) days of receipt of the CITY's invoice. III. BID AW ARD The contractor's qualifications, the aesthetic style of the wall, and the durability anticipated maintenance and repair costs for the proposed wall system will be subject to approval by the CITY and KENT VILLAGE . IV. INDEMNIFICATION KENT VILLAGE agrees to indemnify and hold lwmless CITY, and its officers and its employees , from and against all liability, claims, demands, and expenses. includin& court costs and attorney fees, on account of any injury , loss , or damage, which arise out of, or are in any manner connected with the work to be performed under this Aarcement . if such injury, loss , or damage is caused in whole or in part by , or is claimed 10 be caused in whole or in part by, the negligent act or omission, error, professional error. mistake, accident or ocher ' The additional L"DOWlt required aball be the Coalraclor's lump 1111D bid, 1aa Iba Cily'1 S7S.OOO. -'- Village original deposit of S95, 700, tben tbal dift'ereace lllall be added ID Iba YU11 ol-, ldd ......_ wmt that Kent Village elects 10 have done, plus t0% ID cover my COlllinpacm lDd ....... COia. 2 fault of the CITY, any Subcontractor of the CITY, or any officer, employee, or agent of KENT VILLAGE, its officers, directors, employees, and agents. The obligations of this Section IV shall not apply to damages which KENT VILLAGE shall become liable by final judgment to pay to a third party as the result of the negligent act or omission, error, professional error, mistake, accident, or other fault of CITY, its contractors and subcontractors. V. INSURANCE The CITY agrees to make the contractor procure and maintain in force during construction and the one year warranty period, at its own cost, the following coverage : 1. Worker's Compensation Insurance and Employers' Liability Insurance covering all employees engaged in the perfonnance of work at the site in the amount required by State Statutes. 2. Comprehensive General Public Liability and Property Damage for amounts not less than $600,000 for each occurrence, and $1,000,000 aggregate. 3. Comprehensive Auto Liability and Property Damage Insurance with respect to each of the contractor's owned, hired or non-owned vehicles assigned to or used in performance of the work for amounts not less than $150,000 bodily injury each occurrence, and $600,000 property damage for each occurrence, and 51,000,000 aggregate. Said insurance shall be maintained in full force and effect during the term of this Agreement, and shall protect CITY, its employees, subcontractors, agents and KENT VILLAGE and its residents from claims for damages for personal injury and wrongful death, and for damages to property arising in any manner from the negligent or wrongful acts or omissions of the contractor, its employees, agents, or representatives, in the performance of the work covered herein. Certificates of such insurance naming KENT VILLAGE aa an additional insured shall be delivered to KENT VILLAGE prior to commencement of the work. VI. NON-ASSIGNABILITY Neither this Agreement, nor any of the rights or obligations of the parties hereto, shall be assigned by either party without the written consent of the other. VII. TERMINATION Either party of the contract may tenninate the Contract by givins to the other party 30 days notice in writing prior to the notice to proceed is given to the contractor with or without good cause shown. Upon delivery of such notice by KENT VILLAGE to the CITY and upon expiration of the 30 day period, the CITY shall discontinue all services in connection with the performance with the Contract. As soon as practicable after receipt of notice of termination. the CITY shall submit a statement, showing in detail the services performed under the Contract to the date of termination . KENT VILLAGE shall then pay the CITY 3 C promptly that portion of the prescribed charges for all work previously authorized and completed prior to the day of termination. VIII. VENUE This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in the County of Arapahoe, State of Colorado. IX. NON-DISCRIMINATION CITY and KENT VILLAGE agree not to discriminate on the basis of race, color, creed. national origin, ancestry, age, sex, religion, or disability in any policy or practice. X. NOTICE Any notice or communication between CITY and KENT VILLAGE which may be required, or which may be given, under the terms of this Agreement shall be in writing, and shall be deemed to have been sufficiency given when directly presented or sent pre-paid, first class United States Mail. XI. EFFECTIVE DATE The terms of this Agreement shall be binding on all parties hereto upon signalllre by all parties. XII. NOW AIVER No waiver of any of the provisions of this Agreement shall be deemed or constituae a waiver of any other provisions herein, nor shall such waiver constitute a continuin1 waiver unless otherwise expressly provided . XIII. AMENDMENTS OR MODIFICATION The parties hereto may amend or modify this Agreement only by written instrument executed on behalf of the CITY by the City Manager or his designee and attested to, after approval of the form of the instrument by the City Attorney, and executed on behalf of the KENT VILLAGE by an authorized representative thereof. XIV. AGENTS, SUCCESSORS AND ASSIGNS The terms and conditions of this agreement shall be bindin1 upon and shall inure to the benefi1 of the KENT VILLAGE and the CITY and their respective successors and auips. r .. • • CITY OF ENGLEWOOD, COLORADO: L~~ Gary City Manager c~~•~i----- Kent Village Association. Inc . AITEST: Recommended and Approved: Ken Roa, Director of Public Works - ·-· ! I ~ - 11-p AuSIIII ~~ z Rooenson Grav I£! :M57 l•&1 ig .-----.... 8 AKSHIA~;a-,,._.N..,E..._ _ _, .\ -~ ~ 1\13© ~xv~ Patmlltl Stroud ..._ ___ _, Mlurlly CClallllO ._., SCllil ~----. I ;--p 31121 · 3' ,~tvr~, ---'l.": "::'" w ~ ~ TOia Lurnld Pw11rson ~VII~ Gi!Ocrt Ptdlfflln 5 ~3'11 E*.ir-...--~~~ N EXHIBIT A • t .. • • Date April 1, 2002 INmAnDBY COUNOL COMMUNICATION STAffSOUla 5ubfect Wastewater Utility Plan Technical Assistance L/E VvWTP SuperviSOfy Committee Stewart H. Fonda, Director of Utilities Charles J. Caudill, Regulatory Programs Administrator COUNCIL GOAL AND PIMOUS COUNCIL ACTION None. RECOMMENDED ACTION BACKGROUND, ANALYSIS, AND ALnRNATIVES IDENTIFIED Wastewater Utility Plans are the primary support documents needed by the Colorado Depai1ment of Public Health and Environment (CDPH&E) and the Denver Resional Council of Governments (DRCOG) for approval of wastewater Infrastructure construction, for wastewater dilcharae pennlalnl, and for metro area regional planning. All permitted wastewatl!r providers within the DRCOG 9-County reaton are required to complete a Wastewater Utility Plan by Januarary 1, 2003. The Wastewater Utlllty Plan wl be used to support future Littleton/Englewood Wastewater Treatment Plant and service area plannlna projects. The proposed project would provide technical assistance to develop and aqulre approval of a Wasmwater Utility Plan in accordance wi1h CDPH&E and DRCOG requlremenll. The praject would addresa pneral plannin& service area designation, population and employment forcasts, wastewater low projec:tlons, inflow,'i.llfiltration analysis, infrastructure sizing and stagln& location and siting air quality, stonnwater management, biosolids handlin& odor control, treatment worlcs schematics,site characterization, coRectlon system/ interceptor/ lift station plannin& receiving water quality Issues, watershed issues, financial management, and other planning issues for the entire Littleton/ Englewood Wastewater Treatment Plant and service area. FINANCIAL IMPACT The cost of this expenditure will be ihared 50/50 by the Citift of Enpiwood and LJaleton. Funds .,.. available in the 2002 budget. LIST Of ATIACHMENTS Brown & Caldwell Estimated Fee and Manhours Blldtpound A Hilay 2 ~ Schodule& Timin& lssua 4 2 (bquind) . t 5-iadleUlililyPlaa~Sawbn,i f 4 2 Di ..... hm~Oudiae II. General Plannina 4 2 4 4 (Requind) 0 0 0 0 A) 0 ... lafonnalion or Special Sludiel .w--Sonice :Ana Dosi.,.._ WllS:A A CWP ........ , 16 4 2 :AnM(Raqui,wd) Papulalion& ~ ri.-•--4 F-{Requilwd} w-Flow Projoclions ( ........ ) 4 lnft-A Inflow :Anllysia a...orwi-......... ....._ ........ 2 r-Wons(Jaqund> &a11111 -s,-.. Sizins A SC.Sills '--ASilinl ., -Hand! ... 4 2 !icllaaic r-wcna C-..1 6 I . I 2 2 2 • 2 • 2 • 2 I I TMDl.a ;lldlor W..._.A......,_(._..., 4 .... icaWo) w--4 ._....,on-1a.q......i. Ea,.... ...... d Lamou or l'roJe<l&d Lam"') (ANTING-41 -) M..,s W--Altecetv .. W ... ("-<dl 4 1_..iw.,. 4 I Altffllall\'e Analysis y,_wons1--..i1 Level on_,._._) l'l>blachnac.,.....,.,s._,_,_ • • . r-- ' w--• -2 -·-·-· I S,IG ··- Finn:ialM.....-l'llnl.......-1 4 I ,,. l $49l K&VOlvina ...... _,.___ ..... .-nNqUiNdifat.ililJ,...,._.,...._ a a ' 4 Ill wt,ich do not ..... IO ba.,., ol• ,dily pllll) u.., I I I SI YU~-.... a--' ' -IX.,....,_~ ._ .._..,.....a~.;__--o-.., 2 l s1• ~ ~ ---,~~---· • ' ~ s,acill S....,. , ..... ) 2 2 ' -NEPA..-,r ............ I SI Sill ' Ii r.n-Lilnill~ ...... -C SI .... , ,i, Plwtimiasy __ Lilllill_ .. _ I SI _ _... ......... WQCD) Plamilla A....,. ........ , ..... ......, or IG I II SI.Oll I.Gal Cao+--'" Pia) (leqioirad) ,_ 2 l SI• u. I 1111 Ailuan&Yl'llmil 2 ' SI• l',JIIIII'---·~ 2 ... .._ -2 -___,.o,.._._ ____ II I Sl,11' .............. ___ l l • llUI .....,,,nMAN AIIIUN u 4G 2 41 lll 1111 SI .,, lAFI' """"""' • 4G 4 4 • • ,.,_ LAl'-1 lll!ft.BlT :Ill l l lll .. I] .. ALREPOllT (PAPER AND ~• v"""""""' 41 • .. Iii -JENCY ,_, .. _ .JUP .vnwvAL IGG M M 141 SIS.411 DDCa ""'"""' ,, c--die l'ollowifta: I . -on -or uiRinl BC,,..._ (i.e., Facility....._ C--,. A-. Do-Nilrillcalion Ami,-.-.) 2. U• or nilcina npons in eloclronic ....,__ 3. Use orl/1 ~ and collection system-.•_...... .... _. 4. No budact hu been allocated ror IUIVCYI or -ial ......... ~-. .... p;'..._ ....... 'Wlllt_.,.....__, .. ._...o ..... 2af2 Date: April 1, 2002 Initiated ly: COUNQL COMMUNICATION Staff Source: Subiect Purchase of Four Wheel Drive Tractor Department of Parks and Recreation Jerrell Blade. Director of Parks and Recreation Dave Lee, Mana er of S COUNCIL GOAL AND PllMOUS COUNCIL ACIION Council has previously approved lhe purchase of four.wheel drive tractors for the Parlcs Department through the City's Capital Equipment Replacement Fund. RECOMMENDED ACTION A recommendation from the Parks and Recreation Department to approve, purchase of a four wheel drive tractor from the lowest technically acceptable bidder, Turf & Trail Equipment Company. BACKGROUND, ANALYSIS, AND ALTHNAll\lES IDENTIRED The existing Parks tractor is due for replacement Bids were sent to three vendors. Universal Tractor Company was low bidder. Howewir, there were several excepllons to their bid. The most significant exception ii lhe 1ft aipadly of the hitch. Our specilc:alo.11 call for a 4000 lb. lift capacity. Universal Tractor liltl an exception of a 2330 lb. lift capacity. Therefore, the tractor from Turf & Trail Equipment Company Is lhe most technlcaly acceptable bid. The cost difference between the two bids is $193.00. RNANCIAL IMPACT Sufficient funds for the purchase of the tractor are IN Replacement Fund . Total cost of the tractor from UST OF ATTACHMENTS Bid Pro posa l Ta bulation Bid Propo sal Memorandum C T y Te: From: Date: {f 0 F ENGLEWOOD 0 E P A R T M E N T O F P U B l I C W O R K ·S S E R V I C E N T E R Mln:b 18, 2002 Tractor Bid I would real41NDCl4 that we accept the bid &om Turf A Tnil Pep.....-, ea..-,. They have met aD of the tedlical ....... aftbl bid. 'l1le ......... Uaiwra Tractor Company, did not meet the miniman aperifL:etioD afbydral&c II ClplCiay It tbe bitdl (link eada). Tbe ~ w 4000 k ad tbl .__ .. 'Ulliwnll bid bad 2330 k ·,.. dlil uail ii 10 be ....... widl a telh• M t 2, it ii-, impoa._ tb11 thetrmor •the ...... liloapaciR:J. '1111100lt T :· I ....... two bidders is SI 93 .00 . Fleet Mainten~e Streets & Traffic MalleNnCe luildin1 Mlinallnc:e 2800 S. Platte River Drive Englewood, ColorMlo 80110 Phone )03-762·2520 FAX 303-762-1613 no: Trl•nai•llllrna:: S11ertaa: h: dnrd Ace: ...... .. , ... ,: 40 Hp miahnnm, dieael. Dull dry element air er.. 12 wit symm. 2 ....... 2 tel ....... 2 a.... ..r.tyfiabla. Alt«nn&or. LiwS40rpm. Live, fbll fimcriom Fllll COllll'OIL Maxinnw &fl ClpllCity 4000 la • bitch. Equipped widl a Crua SBA-Pl two apool 'Vlhe widl bt. Minimum &fl capaaty It 24" aft of bitch 3400 ... Turf-type, 8otalion Hydrollalic Standard for unit Pamag brake foot pedaJa with lock. ANSI appaoVlld ltOPS, .-WI...,,.,. MF •liaa-. • ._.. ..... toalbm. ....... 11aur ..... w .... llllpll1dUl'8 ...... diffallilllill lock. wrtical ...... widl nin cap. complde 3-poirll bitdl. ad rlaw DKMll8 wlide ........ Dltadwhfe 1*:llboewilll two (2) CJUmllll'I. Mninen diabil depda 103". llma lam IWirls pha& 133". Bucbl nadma 177 dlp'NI. Swina arc 172 ---Budmt width 12"'. SAE ltrUCt capedly 1.14 cu. ft. Helped capacity 1.74 cu. ft. 6fY'° delN fwhle ....W lluml. Stuck capecity .44 cu. yd. ..... away capedly 2950 la Lil cnplCily • W Wall& IIOO la Service, pll'tl, ad two (2) openton. ~ llalnrd to 1,e ..... Tdnlral J:, rh U.1 Demo unit may 1,e required It Cily afEnpwooci dilcllliaa ad • wndorl COIi bebe award afbid. City of Englewood Bid Tabulation Sheet Bid Opening Date: February 28, 2002 10:00 a.m. Bid Item: Four Wheel D,tve Tractor Vendor TRAC TOR TOTAL UNIVERSAL TRACTOR COIIPANY ....... ........ 115 WADSWORTH BLVD. LAKEWOOO, CO I0215 COLORADO GOLF & TURF, INC. $21,JOI.OO ..... ... 10001 S0UTHHIGHWAY121 UTTLETON, CO IOf Z7 < TURF & TRAIL EQUIPIIENT CO. $%7,102.00 Sff,112.11 107'0 W. ALAMEDA AVENUE LAKEWOOD, CO ,om "i.'l ~ C. OM: IN .. npla• .. INl1mplaM ............. ........... unll ......... 11 • ITEM ~ l. BID PROPOSAL FOUR NHEEL DRIVB TRACTOR BSTIMATID DESCRIPTION QUANTITY ' FOUR 1IRDL DRIVE TRACTOR 1 BID PRICI $ .a.a,,.-.! Estimated date of delivery_-1,,S:;.,,;a.._.lltc~'-,~~,IL:.·a4 .. A.__ _______ _ Pb j e note tbat a .. nice llemaal, Part• ¥emaal u4 two (2) Operator• llanuala have bee requeated Gil tu Nini-Spttc:ificationa. Bida on 4-o v.nita -.wt be covared undar full warraaty. Dao \mita will be nppUed before award of bid at Ci.tr'• cU.acnUGG. Bidder aaat atate in bc.ptiou tut tJwr are ltidding a claao Ullit. Demo um.ta required at tu City•• diaCZ'eUGG IIIDllld be at tlN vendor'• co•t before award of bid. ALL DTDllL P.o.a. CITY OP llllmdllaOI) 2100 South Platte lti-..r DriY9 Snglawood, CO 10110 INVOICING TERMS N, r a p a.rs PRICE QUOTE FIRM lo1 ~ DAYS. EXCEPTIONS: .J ,r: J.i,=.1 c1«cc,5, .;av, /Ju v "'4tc«os, ~ " " .. ll«,1,4.., 61JtJ'V d,?zr d>:3, ,,.., tM, •Nile' o,- l BID PROPOSAL FOUR NRBBL DRIVB TRACTOR PAGB TWO BY: c:difMY 8/r t,,J.J,,.J#tll'tf "'-• J.,A.,,-,(. A AMs- 2 ITEM NO. 1. BID PROPOSAL FOUR WHEEL DRIVE TRACTOR DESCRIPTION FOUR WHEEL DRIVE °tRAoCTOR John Deere 4vl TOTAL BID ESTIMATED QUANTITY l BID PRICE $ 28.209. $ ___ _ Estimated date of deli very ____ 3_0-_45_d_•_Y• _______ _ Pl•••• note that a Service Manual, Parts Manual uu1 two (2) Operators Manuals have been requested. on the Minimum Specifications. Bicla on demo uni ts must be covered under full warranty. Demo units will be supplied before award of bid at City'• di•cretion. Bidder muat state in Bxceptiona that they are bidding a damo unit. Demo units required at th• City'• discretion would be at the vendor'• cost before award of bid. ALL MATERIAL l'.O.B. CITY 01' DIGLBNOOD 2800 South Platte River Drive Bnglewood, CO 80110 INVOICING TERMS --~N~•~t_3~0'"------- PRICE QUOTE FIRM FOR 60 DAYS. EXCEPTIONS : __ ___:J~o~h~n:..D::::•:.::•:..:r.:.•:..:IIO=d::::•.:.1_4~6:..:l:..:0...;vi=t:::h:..:ao=d::•.:.l...;4;;;:8:...::b:;&e::kh=o.:.•.:.• -=aod=.:.•:.l ...;4:.:60~- front loader l BID PROPOSAL FOUR WHEEL DRIVE TRACTOR PAGE TWO BY: SalH Mana&er TITLE Colorado Golf and Turf, Inc. COMPANY 11757 s. Wadsworth Blvd. ADDRESS 303/761-3332 TELEPHONE Littleton, CO 80125 2 2/26/02 DATE ITEM NO. l. BID PROPOSAL FOUR WHEEL DRIVE TRACTOR ESTIMATED DESCRI?TION OUA.'1TITY FOUR WHEEL DRIVE TRACTOR l '- TOTAL B!D BID PRICE lf(rl.J._ s .:t.1 /OZ.,~ ~ ~ > $ ___ _ Estimated date of celivery __ .3 ..... _¢"-'d.,...~....,-f:..._ ......... A;...,.L""""(J..._ ____ _ Plea•• note that a Service Manual, Parts Manual and two (2) Operator a Manual a have been requested on th• llinimum Specifications. Bids on demo u:i.it• must be covered under full warruity. Dao units will be supplied before award of bid at City'• discretion. Bidder must state in Exceptions that they are bidding a daao uzut. Demo units required at the City'• discretion would be at th• vendor'• cost before award of bid. ALL MATERIAL P.O.B. CITY OP ZNGLZWOOD INVOICING TERMS , 2800 South Platte River Drive Bn~lewood, co 80110 lttt: 3ci ti. '1J ~ PR I CE QUOTE FIRM FOR 4;0 DAYS. EXCEPTIONS: _________________________ ~ l BID PROPOSAL FOUR WHEEL DRIVE TRACTOR PAGE TWO BY· . ~<..4tH«I) LlJ_ t de.If NAME (PLEME PRINT)~ DATE ~A1UIWlu1 SI 4A-P 4 ~ lrtlrt 4'1< ,.,,z;:;_, COUNCIL COMMUNICATION Date Apndaltem Sullfect April 1, 2002 11 Ci A Resolution Re,appolnting Hearing Officers Initiated ly StaffSoura Human Resources Sue Eaton, Director of Human Resources RECOMMENDED ACTION The staff recommends the Englewood City Council re-appoint, by resolution, those Hearing Officers on the list approved in 2000 to hear Merit and Disciplinary appeals. BACKGROUND, ANALYSIS, AND AL1HNA11VES IDENTIRED The Englewood City Council approved the passage of Ordinance No. 19, Series of 1996, amenclng E.M.C. 3-1 N-9 on May 20, 1996 which repealed the duties of the Eflalewood Career Service Board. 1ha Chapbir and Section were subsequently removed from the Code and Nltaled In the~....._ Palc:v Manual. Policy No. 24 which provides that the City Council wll appoint a panel of quallfled H..tna 0Mcen to hear Disciplinary and Merit Appeals. Once established, the panel may be rHppOillled by lhe Counc:11. UST Of ATTACHMENTS Resolution Resumes of Current Panel of Hearing Officers A ....... 11-~filAiaiifo,nriai -~ ~ ... '"· -,,,. ,, ' • 1 .-, • • '; , -I~ • ELIGIBLE FOR APPOINTMENT AS HEARING OFFICERS FOR DISCIPLINARY AND ~··~-WHEREAS. the Eqlewoocl City Council paaed Ordinance No. 19, Seriee of 1996 which modified the Englewood Municipal Code in reprd to diaciplinary and merit appeala; and WHEREAS, Ordinance No. 19 repealed the duties of the Eqlewoocl Career Senic:e Board and provided that in matten of diaciplinary and merit appea)a, the City Council would appoint bearing officera to hold bearinp and make findinp and determinatiom; and WHEREAS, the Eqlewoocl City Council puaecl Rnolution No. 2, SeriN of 1999 and Resolution No. 46, Series of 2000, establishing a list of qualified pe..-m appointment u Hearing Officers for diaciplinary and merit grievances for a period of one :,ear with the right to be re-appointed by Council on an annual basis; and WHEREAS, the p8888ge of this Resolution will provide for the re-appointment of the panel of qualified peraons as Hearing Offic:en for diaciplinary and merit appeals; NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. THAT: SertiOD 1. The City Council of the City of Eqlewoocl. Colorado benbJ appro,N the followins persons for re-appointment aa bearing ol&cera for diacipliurJ and merit appeals by the City of Enclewoocl: H11riP1 Offirere: Bennett S. Aiaenberc Ronald J. Cohen Harry N. MacLean ADOPTED AND APPROVED this let of April, 2002. ATTEST: Beverly J . Bradabaw, Mayor Loucrillhia A . Ellis, City Clerk I, Loucriahia A. EUia, City Clerk far the City alBns)ewood. Colorado, benby certify the above is a true copy of Reeolution No.~ Seriee of 2002. -= D . BENNErr S. AJSDmUG IESUME Law Oft!ces otllellnca S. AiJabcrg. P.C .. Deaver, Calando. lNO • peas Parmer, Oanuc!l, ICiqis. CnpbeU, WIim 111d Clrcwlr, OIIMr, Colcndo. 19!1 • 191D B.A., Econamics, 1lroWll Ulliwnlly, 19,:! U..8., Hamid Law Scllool. 19.5.5 U.S. NIZI'/, 195.5 • 1957 PrNidmt. BrowD Ulliwr.m.yOllbof~ 1967 • 19'70 PNsidant, Harvad Law Scllool A1n:fuion ol Colcndo. 1914 • 1915 Cane, Colmdo. Messechmem. 1111 Am1n:u B• A..,..,etfc:m CoJarado Bar Founderim Aaricall Tnal u,,,ym Alscxiarion Cokndo Tml La-,m Aaaalial, Bcmd Member. lffl • 1914, Plaldeal. 1914 • 1915 La::un:r. C.olcndD Tml I.a-,.n .4sm:tedon tm • pmanc Trial Lawycn Car Public Jllllice. Sim Owtspaaa (C.akndo) Faum:liq Mamba'. PabUc Jullice Fcwm.fadm Jnll::mlioml Scciay ol lllrisms CenHk3liml U I 0vtJ Tnal .Al:iwx:m. Nadcmll Bolld ofl'Jial~t UJl4 • 1994 Judicial Somin1dn1 Commissim (l:>elMr) • GnblmamaJ .414 i 11 • 1911 • 1"' ~ Bar ASICICiacioa • l'zaidClll 1991 • 1992; Tlua. 1912 • 1915. 1917 • 1990: llepawatlliw 1D lolal of~ of Calando a. Aaa Sedan, lffl · lM ~ lmm=mlll& C ...... 1ffl • lffl; OabpalaD, Tllk Pm:e D ASN1i I.cpl Syaam. 15115 • 1916 Coiondo Bar Anoc:ialion • Olizpmcm. Ja•eaoktt'neal C ·aw, 1971 • 1980; Chmt,essa1, Alanadw DbDaa RaalUIGD Cc 11inn ca~ 1919- 1980: Edlici Ci ii-. 1!1116 • 111aa1C Amical Caial O 4N, 19'1 • 19" lmauctar, Tans. Uzm:siry afDaMr, Sc:baal aft.a. 19151 • Itel latln1c:cr, R.al &ale L&w, Uamnicy of C.akDdD !mm1an Sc111Da1. 19d0. 1913 ' ... ·' • • NIIIDul A I Ff al Azbmal: ....... C: i Na Law ad l ••M'a ltN • ..-lillllrM I ...... a.,aa._ltM• 1115 ° ubarAdallar,,....Md,._ala-T I ,._ usmd or RODLD J. COUii 232! west 72nd Avenue Denver, colorado 10221 (303) 427-7!584 QU&lificatiou: JUris Doctor Degr" Olliversity of Denver Jun•, 1968 Jdmitted by Colorado SUi)r_. court October, UH Admitted by Onited Stat•• District court October, UH ldmitted by Onited statu court ot Appeals Karch, U71 ldmitted by Onited States Supreme court Karch, l9 7 2 General Leqal Ezperieace: staf! Attorney Denver Legal Aid society -1959 Associate Attorney Berger, Rothstein & Gehler Attorneys at Law commerce city, co -1970-1972 Partner Gehler, Cohen Attorneys at Law commerce City, co -1972-1982 Sole Practitioner Ronald Cohen, Attorney at Lav Denver, co -1982 to present MUDicipal and Gove:rnaental Le9al SZperience: Assistant County Attorney Adams County, co -1970-1972 Assistant City Attorney and Pro•ec:utinc; Attorney commerce City, co -1970-1982 Prosecuting Attorney Borthqlenn, co -1970-1972 Assistant City Attorney and tro•ec:utincJ Attorney Brighton, co -1972-1982 City Attorney Lafayette, co 1975-1190 Legal Advisor carNr service ca-1a1oa ca.ere• City, co 1112 to pruent Bearing Officer career service commerce City, co 1912 to pr•ant Judicial IZperience: Pruidinq Jud;• 110rthqlenn, co -1982 to present Presiding Judge rederal Heights, co -1982-1990 Presiding Jud;• commerce City, co -1987 to pruant Administrative Lav Jud;• Adams County, CO -1981 to 1914 :Rate: $100 per boar LABOR 1Alf!L biivir, d5 11111:::y •• ad.an, J'sl. orr,, 1 tm· ...., .... ... +at Wt:ata:a:. Ill et Im· Im%. 'ml! 1181 l:alal. m JI IHI i»m Cl1 Di'liiiSl I GZmV.IIIC! c:asa • GD. c:aHm., JCmll (nrDlt. «1 i WI+ ii JalllCI) , J.rrT-71; l'DS! WT., m'?!. GDIDI., a:ICll'X>, 1971-77; .LAbiu+.a. a, IM (BE-?.m), tlllV. a, DDl9ER, JS70-7!; mw, mva .mvmmz m:ar, 1971-12. uama::! aa:v. (RM); m:iv. OI IDVD ~ .-;; m 72) $ 5!0.00 11m upr:1 ; Pc-d1a c:arreJJet:!cn fa vit:!Wl T daya of bar'..n, 4/93 1 Date April 1, 2002 Initiated ly COUNOL COMMUNICATION Staff Source Human Resources Sue Eaton, Director of Human Resources RECOMMENDED ACTION The staff recommends the Englewood City Council appoint, by motion, a hearing officer for a disciplinary appeal filed by Brian Cousineau . BACKCiROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Per the City of Englewood Administrative Polley Manual, Human Resources Polley No. 24, when a request for a hearing before a Hearing Officer in connection with a dlsclplinary appeal Is filed with the City Oertc, the City Council will appoint a Hearing Officer from the panel appointed to hear the appeal. LIST Of ATTACHMENTS Appeal Request Resumes of Potential Hearing Officers MEMORANDUM TO: FROM: DATE: Mayor Bradshaw and City Council Members Loucrishia P.. Ellis. City Clerk March 21, 2002 SUBJECT: Dlsclpllnary Appeal • Officer Brian CoualnNU In accordance with the City of Englewood Administrative Polley Manual, Polley No. 24, I am notifying you that I have received an Appeal and Request for Hearing on Review of Disciplinary Action regarding Officer Brian Cousineau. A copy of the request, dated March 21, 2002, is attached. cc : Gary Sears, City Manager Dan Brotzman, City Attorney ~ Eaton. Director of Human Resources Chris Olson. Director of Safety Services Frank Gryglewicz. Director of Finance and Administrative Services D.-WID J. ORI "0 \1.-\RC F. COLI~ CIIRISTl"A ,1. HADA.~ DO!:GL.\S JEWELL ..\ ... DREW J . C..\ll..\FELLI JOSErH T. \" "'-" ll0R'I; ,ucH.\[L T. LO\\ E l.\ W OFFICF.S BRt:~O. BRUNO & COLI~. P.C. ~I IT[ 11"" o ... E Cl\" IC CF: ... TER Pl.\Z.\ I 5o0 BROAD\\"..\\' OE ... \'ER. COLORADO 80!0!-51~3 TELEPHONE: 1303) ~31-111'1" F..\.X: tJOJl 3ll•IOIIII LOI IS 11 . URl '1;0 SNior Cttualft sn .. :< I. HILL YAIID OfCNaMI ~ ·-: .-~ -~ . \ ··,·, ;-- .,.. • "-,I)' 'I"!., ....... .ca ~~r,. ·• -~ HA~O DELIVERY Loucrishia A. Ellis. City Clerk CITY CLERK'S OFFICE Englewood Civic Center -3rd Floor 1000 Englewood Parl..·way Englewootl. CO 80110-2373 y(arC:121 , 2002 RE: QQicer Brian Couiineau Dear Clerk: Appeal and Request for He:arina on Review of Disciplinary Action Our File No. 10690 Please be advised that this otlice represents Officer Brian Cousinc-.iu in coMection with ·the appeal of a disciplinary suspension. [n this reg:ird. ple:ise find enclosed tor tiling an APPEAL A.'ID REQUEST FOR HEARING ON REVIEW OF DISCIPLINARY ACTION prepared on his behalf. Thank you for your :mention and assistance in this matter. le:-' Enclosure 3n an C ..ius111eau Very truly yours, BRL"NO. BRL"NO & COUN. P.C. l---, 'J ' C -L{ ~ --v) Linda E. Y eros. le;;al .Jsunt for Jos.:ph T. Van Hom .::·:1ris ~)ls,,n. Dir.:c:or Qt'Sari.:ty S<r.·i,.:s jar:, S..:ars. Cit:, ~(ana ~..:r .?far 1 · BE FORE THE HE .\Rl:'.\G OFFICER. CITY OF E~GLEWOOD. STATE OF COLORADO AP!>~AL .-\.."'iD REQl"EST FOR HEARI'.'JG ON REVIEW OF DlSCIPLINARY ACTION IN RE THE ~I...\ TTER OF: OFFICER BRJA,'J COUSINEAU ME:\lBER OF THE CLASSIFlED SERVICE OF THE ENGLEWOOD POLICE DEP . .\RTME'.'IT. DEPART:\-IENT Of SAFETY SERVICES, CITY OF ENGLEWOOD, Appellant. COMES '.'.OW. the Appdlant abo ve named. a memberofthe Classified Ser\'ice ot'the Police Department of the City of En~lewood. by his auomeys. BRU~O. BRL"".liO & COLIN , P.C.. by Joseph T. Vm Hom. and pursuant to and in :iccordance with City of Englewood Administrati\·e Polic y No . 1 ... Complaints. Disciplinary . .\ppeals Section. Step V. respectfully appeals and requests :i re,·i.:w by a He:iring Officer, :is appointed by the City Council. of a :-.iotice of Suspension dated .\!larch ,3. 1002. as issued by Chris Olson. Director of Satety Services. and by virtue of which the Appell:int was susp.:nded from duty without pay for a period of two workdays (10 hours) in connection with his employment position as an ot1icer with the Classified Service of the Engle\\OOJ Police Department. anJ AS GROCNDS THEREFOR WOL'LD SHOW : I . At all tim.:s pertinent hereto. the Appellant herein was and is a full-time. permanent. classified employee of the City of Englewood and a member of the Classified Service of the Englewood Police Department. 1 At all times pertinent hereto. the Respondent. Chris Olson, was and is the duly appointed. authorized. and empowered Director of Safety Sm·ices and appointing aud1ority and was acting in such capacity in the issuance on \larch 8, 2001. of a Notice of Suspension received by .-\pp ell ant on that J atl! by wa y of personal service . 3. At all times pert inent ht!reto. Gary Sears. was and is the dul y appoint.:d. authorized . :m d t!rnpo wered City Manager of the City of Englewood and is the designated Respondem with burde :1 of proof in .:onnection with the ,v i thin matter pursuant to Cityot'Englewood Administrative: Pol icy :-.:o . 1-+. -+. P ursuant to th.: Jbo\'e ;'l!otice of Suspension . the Appellant herein was charged with spec ifi c l'iol Jtio ns o r the fo lio,, ing subsec:io ns of C ily o f Engle•.\OOU .\dministrati1 ·e Po lic y °'.'o . 25: 1 a 1 \i .:::;i .:.:r 111 tit.: pert im n:.111.:e ,>t" rhe Juc ies o r the posn io n co 1\·hkn rhe .:mp lo~ .::~ ,; .1S~1::;ned . tj l lncompetent or unsatisfactory perfom1ance of Juties. [n addition. Appellant was chargeJ with \·iolation of section 1. l.5 .2 of the De;,artm::m ·s Operatio!lS '.\l:mual -Conduct Cnbecoming an Officer . . \ tn:e :.inJ corr.:ct .:opy of:iuch ~otic;: ofSlisp.:nsion is attached l1en:to. made :.i part hereof and incorporated herein by reference and designated as Appellant's Exhibit A. 5. On or about February 25. :oo:. a pre-disciplinary meeting was held before R.:spondent Director of Safety Services in connection with the subject allegations and the im·estigation oi the underlyin:,: incident. Appearing at such meeting \Vere Appellant. Director of Safety Services Chris Olson. Division ChiefRobcn E. ~foore, III. Patrol Operations Division Chief and Lieutenant Knoll. o. Following this pre-Jisciplinary m.:eting Respondent Director of Sat'.:ty S,:r\"ices issu.:d a ~otice of Suspension which was personally served on .\ppellant and by vinue of which the Appellant herein was suspemkd from duty without pay for a period of two(~) work days 1:0 hours l in conn.:ciion with his employment position as an officer with the Classified Service of the Englewood Police Depanment. ., The above desii,rnated ~otice of Suspension is not supported by a preponderance of the evidence. is unlawful :md constitutes an arbitrary and capricious abuse of discretion on behalf oithe Respondent Director ofSat.:ty Ser\"ices and/or Respondent City Manager. In this regard. the following is offered as grounds for the within appeal: a. The susp.:nsion imposed on the .\ppdlant as herein more specifically described was unfounded and unsupponed in those facts elicited as the result of the internal i1m:stigationan<l in the pre-Jisciplinary meeting in connection with the within matter. 1n this regard. the facts of the within matter. together with the mitigating circumstances related to the subject incident, demonstrate that none: of the offenses specified are present. As such. there .:xists no just or reasonable cause for disciplinary action against the Appellant. and the within suspension is in violation of City of Englewood Administrati\·e Policies concerning administration of discipline. b. The: suspension imposed on the Appellant as herein above more specifically described constitutl!S a penalty disproportionate to the seriousness of the off ens.: .11le:;c:J .iml. or the circumstances related to the: situation and is inappropriate. improper and c:xc:ssi\·,: so as to be punitive rather :h.111 co rrecri•:.: in nature as such. is \·iolati\ e of the City"s polic y of correcti\·e Ji sc :pl ine .ind. 0r :rainin~ in licu of Jisciplinc:. ,:. d. JescribeJ is Jispropo11ionate in comparison to \·iolation of ocher members of the Englewood Police Department under similar circumsunc.:s and as such. denies to the . .\ppellant his rights of equal protection under the law and or substanti•:.; du.: ;,roc.:ss in \'iolation of the Constitutions ofth.: Cnic.:d States and of Colorado. anJ further represents a violation of any pro\'ision and,·or policy of 1he Cty of Englewood and or the Englewoou Depar:ment ofSatet:: Services reg;irdin:1 equal and fair treatment of the employees thereof: The: suspension imposed on the Appellant as herein above more specifically described totally fails to consider and evaluate the prior service of the Appellant and as a member of the Classified Service of the Englewood Departm.:nt ofSafecy Services and of his past record of conduct and lack of alleged serious misconduct anJ/or discipline: taken against him. e. The suspension imposed on the Appellant as herein above more specifically described is violative of generally accepted standards of proper police administration and was imposed upon the . .\ppdlant tor purposes other than administrati,·e control of the Englewood Department of Safety Services. f. At all times pertinent hereto the . .\ppellant's actions were lawful. justified and done in good faith in perfonnance of his duties as an Engle,,ood Police Otlicer and complied with the rules. procedures :nd policies of the City of Englewood and or the Engle,vood Department ot Satety Services as based on the facts then known to the Appellant. S. By reason of the ;ibove and foregoing. the Appellant herein respectfully requests that pursuant to and in accordance with Englewood Administrati\'e Policy ~o. 24 that a fair and impartial hearing otlicer be appointed by the City Council and that the Appellant be ;ifforded a review de 110m and full evidenriary hearing in conn.:cllon with the subject '.'l!otice of Suspension. The Appellant further requests that such Notice of Suspension be vacated and or set aside and held for naught and that the . .\ppellant herein be ;iw;irded back pay. seniority. and all other emoluments ofotlice and such other, further and different relief ;is may be meet and proper in chc: premises . . -\ppell..mc h.:reoy \\Ji,.:s ch.: requirement for hearing within thirty (30) days of notitic:mon of the hearing oificer·s appointment pursuant to Englc:wood Administrative Policy ~o. :!~ (He;iring Procedures) :ind. as su1.:h. ;ik'l'ees to schedule the same beyond that period in consiueration of the ;i,·ailabrlity of the he;iring otlicer and the parties . I DA. TED this .L i Ja~ oi '.\bch. ~VO~. Respectfully submitted. BRCNO. BRL"NO & COLIN, P.C. Ji?sepf(T . V :in Hom. i13 ll 89 1560 Broadway, Suite 1099 Denver, Colorado 80202-5143 Telephone: (303)831-1099 Attomeys for Appella111 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing APPEAL A.'iD REQUEST FOR HEARING ON REVIEW OF DISCIPLINARY ACTION was delivered by placing the same in the t;S :\.fails, postage prepaid. on the jJ_ day of ~larch. 2002, :iddressed to the following : Chris Olson Director of Safety Services City of Eniilewood I 000 Englewood P:irlcway Englewood. CO SO I to Gary Sears City ~anager City of En11lewooJ l 000 Englewood Parkway Englewood. CO 80110 Daniel L. Brotzman City Attorney City of Englewood l 000 Englewood P:rl·w:iy En!ilC\\ood. CO SOL LO-:JO-+ I > ~ 1,r .L(~~ To : From: D:ue : Subject : :\IE .~l OR..\~ D C: M Officer Bri:in Cousine:iu Dim::or Chris Olson M~h8, 2002 On October 13 , 2001 at approxim:uely 21 S 7 hours. you responded t0 a compl:iint of a disturb.Ince at 5110 S. Delaware Srreet, =203 . You were iiven iniorm:uion by communii::irions th:lt this was a possmle domestic vioh:nc: wilh ·•yelling :ind ~nshing". You were :issiped .i cover c:ir, which was respondin~ tO assist you. On your :urivll. you cont:icted two fem:iles :ind one m:ile pllCty, 111 of whom, by your own estim:uion. we~ intox1c:ited. Y uu Jctennined th:lt :i disturbance w:is not oniioina :u th:lt time :ind decided t0 c:ill off your cover c:ir :ind h3ndle dus incident on your own. You rem:iincd in the :ip:irtmcat for ·:ipproltim.uely :s minutes , during which time :,ou identified the ;,ersons present, but did no( :-equest :1 w:imnts ;heck on :iny oi them . It w:is later determined th:lt une of the feDUllo= pama bad :in active wllrr.llU th.&! you did aot discover . Also during the time you •.vere in the :ip:umient. you dim:ted one uf the female p:irties, Susan Cherry, to go to J ~I; bedroom and put un some :idditional clodung due to the l:IC:t dl:at :ill she bad on was a 1'-:1hin'". You ltte::ipted to maincin visu:il .:oncct with :ill three plll'ties durin1 this time, but were unable to do so because o f the !:iyout uf the apamncnt. Y 11u resolved this call by m:ind:iting the tmlc party le:ive the ap.lr1m:nt . Less th:in :in !lour l:uer, you :ind other office:s bad to respond b:ick to the same luc:1t:on :ifter the disturbance had reoccurred . You subsequently mested Phillip Woodruff, who bec.unc 1111Cooperative :ind combat iv e. As a result oi ;:our interacnons with these individuals, :in imc:nal compbint was filed apinst you and other 11 ffi cers for oxc:u1ve force :ind JD inappropriate se=h of~li. Cherry. Whiie the mv esng:rn on dt:::rnuncd th:it :here was :io misconduct relanng :o the orii!IW llleg:uions, it wu determined tlut yo u us ed poor j ud gement in your response :ind resolution to the ori&inal c~l. Your docmo n to .:a ll off your cover and attempt to resolve the inl~ disrwbanc: c:ill on your own placed you in l n ur.n e::oss:inl y dan1:erous ;ituauon. You were outnumbe:-:d oy three izuoxic:lled persons who 11 .iny ume :ould hav e become ;,nysu::illy :us:iultive cowards you. You f:iiied to reqllC$t ,lc:irances on :iny of ,he par.:cs . ,me 1.1i Nr.om h:ic .Ill 1c:1,·e ·N:irr:iat. Finall y, ::ou pl.iced youneif in J ~ompromisin1 ;iosino11 with 1 re =ic subJc-~t who W:1:i scannl:, clad, wluc!I provided :in opport111111y for your :ictiom to be qu csuor.ed. Yo ur ;onauct :n th1:1 :n:mer .or.snNtes v1olanons <>fsecnoa 1.1 .5 .l of the depar.m.:u', opennor.s manua l. Jnd policy =~5 , ;ec:ioris • a ) llld 1j), oith.e Ci r; of Englewood . .\Jmimstrative ?~lie:: '.\l:n:u~. Oi ,re~te: ~onc::n " :hat : ou .::i," t'"<l ;i re, tu.u :i llc,ilttons u i :.nproti:ss1on:il coaau.:1 111 the i:111 :llRC . :.ir: . ..n~ :!"..u uu ::..i· . .: :o ::i.:s ;'U&~t. :·:::.:~ :o .;~:.:mr.vl~J~i: :~, .:i .hu .::..it . :\l u lC :~~ tn.ip?:-o ;,ni:c:1v .U : :Jr.se~·-•n.:,. l .un r1e:::i~ ;u;c e:iu m,; _.ou :ro m .:u;:: ... ,muut p:iy :or t\loo wona:i:,, \:o nours 1. Should IXHIBIT } I t • • ~-ou ;:iosc co :ippe:il th11 disc iplinary :iction, tlgt process is described :n policy :#2-', page 3d. of the Ciry of Eaii1cwood .~dnunistt:irive Polil:y Mauu:al. You :ire :ilso ;Mi\'iud 11g, :iny lluure viobaom of i similar auure will result ill Curtber Jilciplilwy action, up :o :ind ~!udiaa termuwioll of cmpl.>ymont. [( lbl depanan,m .:a ,omebow l>Cllcrwik U1i1t you i.D coirec:tina this bcb:lvio>r, you 111:ly seek such :usiltusce bepmiq with your imml:dwe mpervilor. Chris Olloa Director of Salety Services Officer BriAa COllliMau BENNErr S. AISENBUG ltESUMB 0 0 Law Offices of Bennett S. Aisenbl:rg. P.C., Denver, Colando, 1980 • J11emB Pamer, Oanuctl. E1qi1. Campbell. Wlllm IDd CJmvw, :DIIMr, Cololldo. 1951 • 1980 B.A., Economics, IIIOWll Ulliwrmy, 1951 LLB., Harvud Law Scllool. 1955 U.S. Army, 195S • 1957 PrNident, lbvwa Ulliwrmy Oab of C.olorlldo, 1967 • 19'70 Prmient, Harvcd Law Scllool AIICll:illion ol Colondo, 1914 • 1915 Dan,cr, Colarldo, Musldlusem. 111d America B• AIIOCildaa1 Cokndo Bar Foundllim ~an Trial~ Alsociaricm Colondo T.rial La-,ca Assoril'icm, Bmnl Mmlbf:r. lffl • 1914, Prllldea&. 1914 • 1915 Lcc:um. Colcndo Tml L&vym • .1sm:tMfon, 1973. p1111mu Trial Lawyers Car Public Jllllicc. 3mm CwrpaDl (Colcndo) Faundiq Mlmbcr.1'ab1Jc Iusdce Foandadoa ln1l:nlal:ianal Scciely of lllrimn Cmftadm u I Cvt1 nta1 .Aa.a:lm, Nldcall lam of Tlial Advac:lcy, 1914 • 1994 Judicial !'lomin1dn1 Cmnrnssim (Deawr) · Ciublnlalmia1 Appal mmwf 19a • 19'4 Cenwr Bar Avociatioa • Praidcnl 1991 • 1992; T!uac. 1912 • 1915. 1917 • 1990: bpNNDllliff ID loud ol GcMmars al Colando Ba Amriednn, 1971 • 191Ck ~ ~ C ·..,., 1975 • 1977; a.bpcmm. Tak Farce ID Mall L&pl s,-. 1915 • 1916 Colorado Bar ASlocwion • Cwzpcnaa. ID111:.wufcei-ell Omniarc 1971 • 1980: Chmpenan. Allr:mlliw Dupas ltcsaluim Ca iNt ca l!mplu,-.r. lffl- 1980: l!dlicl C ·,w, 1916 • Jm1DC Amica Caill O IJH, 19ft • 19M Imauctar. Tans. Unmrm, ~ Dare. Sc:lloal ofU9, 19dl -1963 laatrw:=r, Ral Ew 1£w. Univcnicy ~Cokndra !:ansfm Scllool. lM0-1913 ' ·' • • Nlllaaal A 2 my~ Aa:llla.-. ....._ C 1PM a Law ad J .... PrdM ttU • JIIIIIIII; 1-,16 I ...... Claj IIM• 1915 LlllarAdl'llllar ...... Mdete adC 7 I .... R!SOD or 1.0IIALD J. CODII 232! west 72nd Avenue Denver, Colorado 80221 (303) 427-7584 Qualifications: Juris Doctor Degree tJDiversity ot Denver Jun•, 1968 .ldlllitted by Colorado Supreme court October, 1968 Admitted by United States District Court October, 1968 Admitted by Onited states court ot Appeals March, 1971 Admitted by united States Supreme court March, 1972 General Legal IZperience: Statt Attorney Denver Legal Aid Society -1969 Associate Attorney Berger, Rothstein & Gehler Attorneys at Law commerce City, co -1970-1972 Partner Gehler & Cohen Attorneys at Law Commerce City, co -1972-1982 Sole Practitioner Ronald Cohen, Attorney at Law Denver, co -1982 to present KUnicipal and Govermaental Legal Ezperience: Assistant county Attorney Adams county, co -1970-1972 Assistant City Attorney and Pro•ec:utinq Attorney commerce City, co -1970-1912 Prosecuting Attoney Borthglenn, co -1970-1972 Assistant City Attoney and Pro•ec:uting .l.ttoney Brighton, co -1972-1912 · City Attorney Lafayette, co 1975-1990 Leqal Advi•or c:ar .. r Service Colld.••ion Commerce City, co 1982 to pr .. ant Bearing Officer C4rffr Service Commerce City, CO 1992 to present JUdicial Ezperience: Pre•idinq Jqe Borthqlenn, CO -1982 to present Presiding Judge Federal &eights, co -1982-1990 Presiding Judge commerce City, co -1987 to pre•ent Administrative Lav .Judqe Adams County, co -1988 to 1994 ll&te: $100 per hoar &miir, d5 B'llcy •• ~, s.q. a,,,a1 Im· ~ -ARICtJ.iUm:ll J!lpr:l...-1 raa. 'rIME JPIE'tt.nal. SERVIS IS Mi'i»m:a ar lktiid!Sl I GmDIII:! c::asa. y..,... JIN Md: Wb.ab:&. V21DAHS M::llm. I ».; JCDa SClll'DS I Olaf, ICC. 7 (DP.); tlll!r!D Hl1WiCitlWiS OP JII. I PC L iSIUGl 111D Kmll.Y CCII. XE1IDD cm.; Qlrm, Jmmns. I MM Dill Ill) r.mar • ., , ,,... ~ tHJ:7. ca M>; aav. a, cavm c.-m n; • 12> JIW dia: $ !!0.00 Plm eprw; Pr-dim can::eJJaticn tea vit2wl 7 daya at lmrm; 4/93 1 1. 2. 3. THE ENGLEWOOD CITY COUNCIL MONDAY, APRIL 1, 2002 . 7:30 P.M. Englewood Civic Center • Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. Qr' .3t} r-- lnvocation. /)~ Pledge of Allegiance. ~ 4. RollCall. '7~ 5. Minutes. ~ ?{) M~,ie, "°"' d,e Regola,CityCooncil M-gof Matti, 18, 2002. ~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) /.g}-/ f b... i.e:"'"' V' · °' Plea,e wnit v~eseniti~n to five minutes.) ~~~'}.fl . .-• IJl.lh.J.. e. ~ .:J.99-c/()f .t. ~IIUH. /<'t'J,,;l.7t. c~~.l.. ro ""'"°"' ~ ._. :5fU" </IO -'fli.J/J'sw <;//,;,p,6ir a.cy. ~o A p roclamation declaring April 19, 2002 as Arbor Day~~ ~ • I /Jh...J b. A proclamation declaring th),~k_}tJ?.~~7 , 2002 as Days embrance of ~e . ~ _ f/,11 ';-(J Victims of the Holocaust W ~~ 9. Public Hearing (None scheduled) ff ., ,~ ~~_:~~..-r , I "I{$ y ~~-::~\; ' -. ~-··.,.,,,_.. -'~ Consent Agenda . a. Approval of Ordinances on First Reading. i. ii. tCclad • No. · Recommendation from the Department of Parks and Recreation to adopt a bill for an ordinance authorizing a License Agreement for Denver Water Board to drill a test hole and subsequent monitoring well within the area of the Northwest Green Belt STAFF SOURCE: JerreR Blade, Director of Parks and Reaeation and Dave Lee, Manager of Open Space. Cound•No.'11 · Recommendation from the Department of Finance and Administrative Services to extend the limited waiver on Waste Transfer Surcharges. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. b. Approval of Ordinances on Second Reading. Council Bill No. 10, approving three City Ditch License Agreements for 4685 South Mariposa Drive. c. Resolutions and Motions. iii. iv. Recommendation from the Public Works Department to adopt a resolution authorizing a negotiated contract with Bituminous Asphalt Sealing Specialists, Inc., in an amount not to exceed $360,000 for the 2002 Micro-Surfacing Program. STAFF SOUia: Ken Rou, Director of Public Works. Recommendation from the Public Works Department to approve, construction contract for the Kent Village Sound Wall. Staff recommends ·awarding the contract to the lowest bidder, Nova Sound Wall Corporat;on, in h ...., . the amount of $232,692. STAFF SOURCE: Ken Rou, Director of Public Works. ru, K, Recommendi!tion from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, a .,ntract for a Wastewatj!r Utility Plan Technical Assistance AgreeR"lent The Supervisory Committee recommends awarding the contract to Brown and Caldwell, in the amount of $106,095. STAFF SOURCE: Stewart H. Fonda, Director of Utilities and Charles Caudill, Regulatory Program1 Administrator. Recomme'ldation from the Department o.f Parks and Recreation to approve, by fflCllloll, 1W purchase of a four wheel drive tractor for the Parks Division. Staff recommends awarding the contract to the lowest technically acceptable bidder, Turf & Trail Equipment Company, in the amount of $27,102. STAFF SOUia: Jerrell Black, Director of Parka and Reaeation and Dave Lee, Manager of Open Space. ,-.... " ~~ ..... r;r-· -~,:~ .,~ . • ........ ..,.. "'·-..i& .... ·. ~ .. ' • • • . Englewood City Council Apnda April t, 2002 Pap3 11. Regular Agenda. a. b. C. Appro~Ordinances on First Reading. Approval of Ordinances on Second Reading. Resol£ and Motions. 1778'---/;MM; ,,...,~ ~7--.0 d-~ .------------..._.IIOCP. H,,_ .... (303-76Htli} ·• • • -·~ 0 0:-1· ( ':l.;...,;__)' ---- '? ~ -tJ,/JW.4"' -: ~ ~~--.. ' •· • ft}@J ~;}------ -- ·• . • • 0 ? --·---. -- JI-. ---=--= - . . ' . . ••• • ·•. _, .. • • 0 0 ~ ---~~--. . . . ' .. ----- ... .. . •· • ·• • • • =--- 1) /)I~ ~-----------= -~ --....., . . . . ' , rr;)V,J ---. . ----.. . ' . ' .. .. . : ~-------- ----I ~--lAJhJ-1 ~ I --- ~cf--(ll~ --' -- ----- 0 .. --9· 7 ;)& -().J-o:U._ - • --- /of '?-~-.,()Jf wJi ~ ·• -. • • 0 . •• --.--.._J ... -~• -.. : . . .. -. . ·• • • • CJ . ' I~ -. /'J-70/ ~ ~f)aid /de,R;/;t)k ~· . e . . --- ' • I ' --- ~ --- ·+ --- I Q,,·,- ~ /rf-71 '• w 0 . ---=--------._.,._-~-i-,.----·---"-..---...--. ..,.. ----~~ ---------------~----- _.__..,,,.,,._.,~ --------- - ~flln-~- . -----.. ~ --- ----------- _.,_._...,... ____ ------ ----- ---·----....... .._.._ ------ --·-------·-~ ... .. • • 0 . (.....,_., __ i~_J . . . . -----·-.._ '•. . . ' e. .