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Home My WebLink About2002-08-05 (Regular) Meeting Agenda Packet-- ) ·• • • ., • ~.,. 4!' . . .. .. . . . ·. ;. ' .. ,· ~' . " ... .. , . • ... ·~. , · . ' · . ... ... Regular City Council Meeting Auguat 5, 2002 ORD# r• 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49 RESO# ~• 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89 .. ... ,.. • ... . \ \, .. ' • . • • .I-, • • • I . C.UtoOnler ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Sa The regular meetin& oflbe EnaJewood City Couucil -c:alled 10 Older by Mayor Bndlbaw at 7:34 p.m. 2. • ...... The invocatioa -pva, by Couac:il Member Nabllolz. J. ......u,111- Tbe Pleclae of Allepmce -led by Mayor Bndlllaw. 4. a.ocaa Ableal: A quonan -praeal. Also praent: 5. Mlll•tes Couac:il Memben Nabbolz, Mowe, Onalia, Gmea, Woloaya, Yun:bic:k, Bndlbaw Ne. City Mampr San City Manley 8nJcma All-.. City Ma..-F1uaty Depuly City an Cllde City an Ellil Dnc:lor a-, Public Wolb Dnc:lor Simplaa. Ccwnwily ~¥1.ieta•,-· DileclOr Orypewic:z, Fiwace a Admiaimlltive Scnicw DileclOr 0-. Safely Scnicw Dim:1or I.GIii, Public Library (a) COUNCIL MIMBER GRAZUUS MOVED. AND IT WAS SKCONND, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MSrl'ING OF IULY 15, 2N1. Aya: Couucil Memben Nabbolz, Mowe, Oolna, Wololyn. Nays : Abllain: The motion carried. 6. Sclledllleil VWten Grmalia, Bndlbaw N- Council Member Yurcliick {a) Mark Wolfe, Depuly Sllle H-.ic "-vlliaa Officlr far die Colando Hiawical Society wu praen1 10 addreu Council repntiaa die Suma ~. Mr. Wolfe advilld ... Ille ii die Englewood City Council August S, 2002 Page2 Director of the State Historical Flllld, which ii the Historical Society's administered grants program He expressed bis appm:iation for being able to IJ>CU to Council this evening. He reminded Council that be bad already presented a letter to them daled July 3, 2002, and uked that it be made a part of the record of tonight's meeting. He added that be would be happy, when be wu linilbed apeakilll, to...._ any queati0111 it may have railed. He eq,bui7.ed that the Colondo Hiatorical Society's primary purpoae ii really f'acilitation. We ue here to uailt privm property ownen, public o-, not-for-profit organizations and for-profit corpon1tiona and all types or property ownen and careta1r.en ID carry out the appropriate work that -is to be done in savina Colorado's hil1Dric 111d pnbiltoric ,-ca. ID our role u filcilitaton, be said, M can offer uaistance and advice and, because or the State HistDrical Flllld, we can even offer moaey, which ii IOllldbing a lot ohtate hil1Dric:al aocietiea canaot do. We ue quite privilepd in that way, be added. Mr. Wolfe said be believes, u be llllied in the letter, that the Skcniu HOUie ii a very significant property, bodl bistorically and arcbi11ectunlly, and dial this Couacil • made -excellclll deciaima in the put, with rapect ID that property. You cbole ID -it by acquirina it, and by pusin& ID ordimnce IO that biatoric properties in your c:ommmities mipt be deaipated, and you then chose ID deaipate it, which WU a very wile deciaioa, be feh. You further cbole IO,_-the pollillility of fundiaa tbroup the Slate Historical Flllld, 10 that the home could be ltlbimed for -poeemill fillure public Ille. All oftbole deciaiom were very wile, be opined, and looked not only at your coammnity'1 put, but also at its future. In addition to that, however, I want ID remind you that when the Slale Hialorical Society, tbnJuab the State Historical Fund, llllkea a pat, we en1er into a COlllrlcl widl the pat recipient In Ibis cue, we did enter into a c:onlnct with the City of Englewood. On pap line of that COlllnCt, be poinled out, paragraph sixteen states as follows : 1be contractor", and that would be the City or Engkwood, be interjected, "hereby apes to the following for a period often yean.-.:ma OIi the date of this agreement", and the date of the agreement ii August 20, 2001, be aid, "Sedion A. without the npRA written penniaioa or the Society, no COllltJUCtioo, alllCralioa, movement, reloc:atioo, or remodeling, or any odler activity, sball be undcr1um or permiaed ID be---. ma the pniperty which would alter the u-cbiteclural appeanmce or the property, adwnely aftiec:t Ille llnlCelnl IOUlldma of the property, or encroach on the open land -of the pniperty." The c:oamct pa aa in-1 other sections, be said. Mayor Bradshaw uked the_. of the pant Mr. Wolfe napcmded tbat the actual grant amount wu $80,000.00. Mayor Bndllaw said tbat ii ifwe haw expended ii. Mr. Wolfe said no, the contract baa been entered into, and the fint diabunement baa been made, 111d -of the money bu, in fact, been lpClll He said be jlllt wanted to remind them, in cue Couacil bad ...,.._ 111M tbe CCllllnd exiltl. The Society takes tbete conttactual oblipliool very amioully. Mayor...._, llbd what 1h11 -· Mr. Wol& said it means that the City canaot, witboul the expea wrilleD penailaiaa of the Society, do any work oo lbat property, including demolilb il I am not aayma that you would not aeceiw tbat peamillioa, be allowed, but it -lo~. in fact, have IO be ~ and you will be nam111 • offlcia1 leaer lO dlM eft'ec:t from the pres , if the Society and the Stale Hilluric ~ Officer, be adviled. Mr. Wolfe said be would be mort. , happy to answer any qualiom. Council Member Yurcbick said you talk about the billorical lipificaace of the SbrriU HOUie . Whal facts do you base that on, what proof do you have? The illue here ii that nobody can idllllify what was tbe original Skerritt House, he said. Mr . Wolfe said be bued bil opinion primarily on the application that the City lnldered ID the Colondo HISIOrical Society in which you .wed its lipificance. Ma)'lr Bndalaw said that -hem an uaeammt. Mr. Wolft a1loMd 111M it -belare a pllylic:al _. of the condition oflbe bolllc, wbicb would not affect• iu..,. (b) Bryan DaManeau. 4160 Soudl ,._ Slnll, llid llie ii a...._ oldie CIOIIII....._ of 1-1 Lutben11 C1uda. loc:aled at 3695 Soudt Aa.m S... .-b ii• --of,._ 111d Kcoyon. He adviled dial be WU praeal ID ackkaa C-il repnlims die ducb'1 nqwt b,.,,..,. IPf'I ~ pukina aloQa A-~ in front of the clucli. T1lil ii a COlllftpbOD ....,. 'I aipiflc'Mc per c 1 -. • Englewood City Council August 5, 2002 Page 3 0 of the meniien IR senior citizens, be said, and there IR also about eleven families with people in wbeclchain, using walkers, and things of that nature . We have some bandicappcd spaces set aside in the church parking lot, but the lots IR on the west side of the church and the south side, across Kenyon. As you probably know, traffic along Kenyon can move along at a pretty good clip, and there is a fear unong members of the congregation that it is not a safe situation for the older people. We IR here hoping you will approve the designation of handicapped spaces on the east side of the church, which runs along South Acoma Street Currently there is one designated spot for loading, and that is directly in fioot of the main door, be advised. We IR cenainly willing to give up that loading 7.0DC designation ifwe could convert it, and maybe the remaining couple of spots toward the curb, as handicapped parking, be said. The church bas an elevator to accommodate these folb, which was installed about six or eight years ago, and it is located on the east side of the chun:b, facing Acoma. The parking facilities around on the other side of the cbun:h IR about a 100-yard walk to the handicapped elevator, be explained. Mr. DesManeau repeated that they were requesting the lpllCCS along ACOIIII to be designated for bandical'l'Cd. and would only hope to see that on Sunday mornings from eight to noon. The cbun:h two blocks down the street evidently bas the same designation and it bappcm to be along Acoma . They have some signs up that indicate handicapped parking on Sunday mornings from eight to noon, and we hope that you will approve the same for bmnanuel Lutheran Church. Council Member Yurcbick ukcd if there could be discuuioo at this time, or should we wait until the actual ordinance is imroduced. Mayor Bradshaw said be could move the item forward if be WIDICd discussion DOW. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO MOVE AGENDA ITEM 11 (1) (Iv) FORWARD. Ayes: Nays : The molion carried. Council Memlcrl Nabbolz, Moen, Gama, Wololyn, Yurdiic:k. Onzulis, Bradlbaw NOiie Council Member Gama sugcstcd that we have I pRIClllalioa by 111ft Director Rou advised that the Public: WCllb Depir1menl rally does DOI have a recoonendation OD this council bill. The City of Enakwood Municipal Cock requires that people wbo develop provide adequate parking to provide for the hancticappcd. dcpendina upon the size of the parking field. Obviously, when you arc laying out a site. you arc supposed to put your handicapped parking u close to the fro t CDttlDCe u you can, and. unfortunately. in certain inslllll:cl whcR you have older buildinp that were buih before this concern about the Americans with Disabilities Act. that door and that parking is DOI u convenient u people would like . In this case. it is approximately 200 fm from the closest handicapped parking lpllCC to the front entrance of that building, be advised . Typically, in that type of situation, the City will put loading zones, which allow people to get dropped off in front of the buildina, bul you can DIily be there for I certain time period to drop people off, and then ao find a parking place. The Model Traffic Code, which we adopted by reference, does DOI allow you to have time limit n:strictiom oa handicapped puldns. The City Attorney 's office bas drafted an ordinance that wou1d allow modificalioo to allow c-il ID decide that they want to provide for time rntrictioas oa handicapped parking oa public llleetl. Obvioualy, in the Public Works Deparlmcol. we get called inlo this -.t of dlins oa I hquml basis. Elderly people wbo would like to prolKl the pamlll in fioal of dieiJ blue, and have I )w fic..,_t pam111 llicbr, wou1d like to elimmate pam111 in tioal of their bol&IC by anyone elle and thereby have raerved pamll8. --oaly about two pemlll of the population are handicapped. Mr. Roa said they are~ be-. called inlo tbne little turf wan~ apanment complaa. developnema ad pnipeny-. • we try ID be u reuoaable u poaible. We rnl1y dlouak thal by pn,vidint 1--. -. ad I._ dlen ia -1or about two cw lhrtt can m dtll loedilll -· dtat we 1111d ace+ • Md thal. 1111 llid. ' • • Englewood City Council August S, 2002 Page4 Mayor Bradlbaw uked if this WU ID anw:ndment to the Model Traffic Code. Mr. Roa uid it is ID amendment to our DUDicipal code, which would allow tbete time limit ratrictioas. CoUDCil Member Moore asked, for the sake of the audience, that Mr. Ross explain why the church down the street bu tbe9e signs a!Rady, ifit is not permitted under the Code. Mr. Roa uid lbolc parking sips were put up before Traffic Engineer Vostry's time. We mean:bed our records and could not find the justification, but the bad DCWS is that, if a penon pub there who does not have a handicapped sticker, we really could not ticket because it would not be enforceable. CoUDCil Medler Yurcbick augaled an ahermlive. We -ID have a lol of permit pmiDa in place, be said, IO MIii if we jull made dial permit parma ~ MIiiner hours die cbun:b medl ii, 111111 let lbe church llllllliklr who aets lbe permill, 111111 ii would open it up lbe rat of lbe time. If we pul up hel"ti capped parking, it does not proleCI the cbun:b on Sunday lllllllliDa becw anyone wida a hendi<:11PFad llicker could park there, even tboup they-y not be aoiDI iDID lbe chun:h. If it ii by permit......_ aa leut they would be proleC1ed for that block of time. Mr. DelMamaa -,reed. Council Member Wololyn uid she -ac>iD1 ID Ilk for a disamion of a1tanatiYea, 111111 apeed with Mr. Yun:hick'a sugaaion. CoUDCil Medler Moore uked if Mr. l>elM.-..u fell tbat would be a bener nap. --lbe handicapped parkina v-lbe loading -tbat they bave -· Mr. DaMar1all uid they bad dilcuued this in lbe appropriate c:omuitlee wilbin lbe cbun:b 111111 we would be wiDiDa ID trade lbe loading zone apot for a handicapped lpOI. but I would certainly .-taia my poaible CW4*umilea. Mayor Bndlbaw uid lbe diun:b, lben, would be n11111111llible far die pamill wl dial way if tbey bad somethiaa IO load, a permit could be placed iD die wint':ieH Mr. DaManeau uked iftbcre wu any poaible objectioa ID aiYDII die cbun:b 1M dilcretion ID band out the pennib. Council Member Yurchick alked ifDim:IOr Rou bal to do tbat. l>ireca llou adviaed Iba&, lbe way the permit onliDmce ii c:unady wrillm, we illae a calUI ....._ of penni11, 111111 they can adauialcr tbcm my way they wam IO. Mayor Bradshaw uked if that would-". COUDCil Member Moore uid be wu not oppoeed to ii iflbe cbun:b would lib ID 10 that Rlllle. COUDCil Member Garrett uid be bad ID objectioa. Fram a pbilolopbical poilll of view, me we willins ID do this fOI" every chun:h, OI" every mm-po&? He uid be ......... die aed, but allo, dleae -public streets that all lbe citizem need IO enjoy.111111-yu11 mil nakmt em:eplima, do we_... permit parking around every chun:h in Ena)ewood. be ukcd. That ii Mmletbitia we would have ID Ilk. 1111111 jull do not know where we would stop with lbe exception ID our public policy. Wbelber it ii ban di ll'IIN with a time limit on it, or some other solutioaa, such u pernll. I jull WODder if we will bave ..-nerywbere throughout Euglewood. Mayor Bradlbaw uid or permits wilb sips with time limilS. Mr. Oanea uid be jull does DOC know if that is what -want u a COlmCil. Mr . DeaMarteau recopized that that -a ..... .....-. if yu111111b -..,._, ..... fDDDw . But it is also a mallef of public policy iD diia society that we ~ cenaill acc 1 ti w far peaple ii that posillOll. It is die role oflbe Council to ,mp thole policica 111111 ~ dee--. lie added. • t • • Englewood City Council AugustS ,2002 Page 5 Council Member Garrett said, if you have two spots in front of the church, and you have eleven families who have this issue, it becomes a fight. They start getting there at 6:00 a.m. to get the spot He did not feel this would fully address the concerns and did not know if it solves the use of the street . Mr. DesMarteau said it may not solve the issue for all eleven familiea that are invohed, but it would certainly alleviate the problem for a number oftbem, and we would be willing to make thole deciliom u to who is more appropriate to receive the permits. Council Member Garrett said, for him to be supportive, be would have to have a full undenlandina of the policy we are letting. Arc we going to uy all c:bun:bet have tbia ability, because I would bue to uy you can come and get it, and tell the next c:bun:b that we are not Fina to do that anymore . I would lib ID have a fmn policy, so we do not have to make individual judgment calla. Council Member Grazulis commented that, for cburcbet that do DOI have this acccaaibility becaUle of when they were built, we llhould try the permit If it doea DOI work out, then we can come back to the drawing board. Council Member Moore said bis pmomJ reaction to the permits is not a aood oae, only became be doea DOI lib adding this extra layer. How do you allocate the pennitl, who baa the llllhority to do it? The handicapped puluoa permit is already in place. The fimdamealal .-for doiD& this ltill aeens clean to me , be said. I feel that, ifwe put permit parking there, we have gone a step too far . We have already made this designation of a loading zone, and acconwnodating their request to make it a handicapped zone IOUllds like a very small change, something easy to do. As far u policy goes, I am DOI Aft euctly what that is . When l loolt at ii, it is a very siq,le, stnigbtforward request in tbia cue. For me, this is ID easy one, be said. The apace is already there, and we have already llllde lbat decision. ID lmlll of what ocher businesses might want, they can make that request about loadin&-. allo. We could be pulblll loadin& zones up in front of a wide variety of plac:ea, 10 I think we have already emaed iDID tbe bit of cliacmion that is going to be involved bele. Mr. MOOR felt this would be adequllle policy for DOW. Council Memier Wololyn uid she could DOt mpport tbe ordinance bec:aule, aldaaup Mr. Moan .,.ta of it u a lingle inllance, it is not. We are chanpra tbe law, and I feel lbal we are lllppollll ID imb paaal laws. I really do feel tbat a loadina r.one is the oplimlm way of IOMIII )"llllr publem, llhe -.I, because, u you said;you aever kllow bow llllll)' people you will have who need it, and• loldma-is fair. Everyone baa equal acceu to the ftolll. Mr. DesMarteau said the loadin& zone is not 10lving the pn,blem 1111d lbal is wby be -11ere IDllipt. Council Member Wolosyn added tbat she -not in favor of chauaina tbe law. We are beq uked to make ID exception, but who grants variances on lhillp lib this, she ubcl. II it Council? Mayor Bradshaw said ii is our job. Ms. Wololyn uid she would be llllft likely to CDlel1ain that, than IO cbanae the law, because it opens the floodgates. Council Member Yurcbick said that is the aclvllllqe of a permit The law is already in place, all we do is put up the sign for permit parking. Director Roa issues them ten or fifteen permill and die dlllldi administers who gets the permits, and we don't have to pus a special law IO KClOllmDdlle this need. COUDCil Member Moore uid be mpec:11 that poilll ofview. The idea oftbe City pvma I block ofpermill to a church feels like we are beadiaa down a differeat road than I s--llY lllil* ii ript TIie ocher advantage of adoptiDa the orclinlnce u it ii, is lbal it will briaa iDID ca•-=• die cludia which -ia this circUIDIIIDCC do-the road. We could 10 ID diem 111d • diem ID 10 ID pem 7 partiaa. u well, and maybe that is anoda --here. • Englewood City Cowicil August 5, 2002 Page6 Cowicil Member Grazulis stated that this is a small conununity and there are a lot of people entering into this need in the future, and I just want to be okay with a church needing it for a certain block of time, which seems like no big deal. Council Member Yurchick said it is no different than what we do at Englewood High School Isn't that permit putting, or no puking except for residents at certain times, be uked. It is the same thing they are talking about doing up north of Wal-Man, in that part of town . As far as the church down the street, if those signs are legal, give them the option of having a permit. CoUDCil Member Moore said be wanted to make sure he was clear on things. The permit, regardless of the outcome of this vote, is something that can be punued without any change. Mayor Bradshaw said that is right. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (lv)-COUNCIL BILL NO. 36 ON FIRST READING. [See page 10.] COUNCIL BILL NO. 36, INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN ORDINANCE AMENDING TITLE 11, CHAPTER I, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO TRAFFIC AND PARKING ENFORCEMENT . Vote resultl: Ayes: Nays: The motion carried. 7. UwllelhllellVllhan Council Memben Nabbolz, Moon:, Grazulis, Bndlbaw Council Memben Garrett, Wololyn, Ymdlic:k (a) Rodd L. Wbealllll, 3021 South C-U Cin:le, felt be could-Caancil Mamer Yurcbick's question aboul the sipific:ance ofdle Sk.erritt Houte. Mr. WbealDll said be is ID ardli1ectural historian, be 1111 worked for die Nllimal Parks Service for tbiny yan. tllOltly here in tbe Dmm=r and Colorado areas. I bave a pat deal of expa ience wilb historic:al an:bieecture, pu1icularly wilb venllClllar, which die Sk.erritt Houle is, which I am ICjNeteatma r.oaipl. It is quite ID.--. lilde llnlelllle, one of those rare survivun from when die wbolc: metropolitan --very nn1, al they are very few and far between. There -one boute -I "'J* and Wabinalon Streel, wbicll ii a 6-buildiDa which predata Denver 's brick ordinances, be said. Thia boute really represents die wbolc: aeme of architecture before tbe railroad arrived in the metropolitan area in 1871. It is really an exan-.,le of Englewood's identity at this point. and I feel very S1r00gly that this boute bu a pat deal of architectural sipificance. I believe, bavins sat on the Govmior·s Historic Preservation Review Boanl for two loo& tmns, twelve years total, that I have seen nany come across the desk, and this is one of die most ~ little houses in this entire area, be UKned. It really speaks of Eqlewood's put and its hislory and, particularly of its founder, Mr. Skmin. Mr. Wheaton feh it cocmicnallel where Enalewood ii aoiDa DUI year in 2003 • s we celebnte our 100• annivenary. It speaks to the present aenennc-aboul the sipificance of 1860's ,1evelopment. it was not easy on the frontier in 1864 when die boute wu built Finally. it bolda something for the future generation, and you. as lhe City Council, have within your budl what ii aoias lo repraent Enpewood in the future . I think ii is very imponam dial we aive tbil -oppor1lmity lo decide what we are aoias lo do wilh it in the loaa lffllL Fore~, one poaible UK -y be for ~ ICbool cbildreo about Colorado's hislory and. mtlff imponaally, Enalewood's hislory widlliD die pat Slate of Colorado. Yau could brinl tcllool kids IOplha and lalk about dial whole idra of die ......_ of die MIil la coacllllioa, he said. if fialiaa ii mllCal. • die .-Ieaer INmed lo ....... 1-W llap9 tbal _,._ we -.ldjult preserve 11. and in die pub suvxe. •-e -W call it mothhell .. die buildiaa -1 we am llllb a ,ood sound dee-. 1llllt _.... preamllbiy lequin a -roof wl-Mlbelinrioe widlaul die~ of the liads dial liffe sugeSlrd ID die nrwsletlef . • • Englewood City Council August S, 2002 Paae7 Mayor Bradshaw thanked Mr. Wheaton. 8. Collllfflllllcatiom, Proclamatlom, and Appointn..iu (a) CODSidered. A proclamation declaring Tuesday, August 6, 2002 u National Nipt Out wu COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE A PKot.:LAMATION DECLARING TUESDAY, AUGUST 6, 2112, AS NATIONAL NIGHT our. Ayes: Council Mamen Nabbolz, Moore, Garrett, Wololyn, Yun:bick, Oruulia, Bradshaw Nays: None The motion carried. Offic:er Nancy Petenon WU praent to accept the proclmatioa. Sbe advilecl tbat 0.-19 would be doing a live broadcast in our city at S:30 tomorrow morning on Broadway IDd ~ by the National Nipt Out banner. Sbe aaid Ille would be there with McGrufl', 111d anyoae die who~ lib to join her. Ma. Petenon aaid a...-1 9 ~ allo be in l!npewood IDmOnOW neniD&. 10 we will act a lot of coverage. Mayor Bradshaw uked Ma. Petenon to cile the llatiatica for our Natimml Nipt Out Ma. Petenon uid, for 2002, we have 32S EDa)ewood blocb that will be celebnting Natioaal Nipt Out on Aupat 6'". Between August 6• IDd Sepudler ?6, we lave ID additioul twmy-ftw blacb tbat will be lavina other parties. She aaid Ille ii wry proud 1D ay tbat they lave lixly-m ,ep tiwea ftum Safety Scrvicea IDd City administration that will be touring the city 11Daa1VW aipt. wbich ii a mp ...... It illlde it intereating for me 1D uaign pmtiea, abe uid, ti. it allo did my lleart pd III lmaw 10 imDY people ue going 10 be out tbcre. For u many parties II I could, I lave tried ID lave aepr wfvw ftum the City, Safety Scrvica IDd Code Enforcemelll, IO they will lllve a craa I llffllll of our City ID wt with tbat night Ma. Petenon aaid Ille bu IOme wdditionwl par1iel tbrouplut the 11111111h ifanyoae ii imaealed, adding that Ille would aend out ID e-llllil with the ~ niptl and pai1y locationl. Sbe uked for ID wdditional copy of the proclamation to 11111d to the llltiODII orpniPtion Council Member Grazulis uid Ille is the beat in the state for ptlina Ibis ill done. Mayor Bndlbww aaid Englewood is the best city in the state. Ms. Gnzulis 11id, when sbe apoke to the repraenlllive at CML, be said Ms . Peterson does the beat iii the entire state. (b) considered. A proclamation booorin& the so*' Annivenuy of EDa)ewood Waleyan Cllurcb WU COUNCIL MEMBER GARRE1T MOVED, AND IT WAS SICONDED. TO APPROVE A PROCLAMATION HONORING THE 51111 ANNIVEltSAllY 01' ENGLIWOOD WISUYAN CHURCH. Ayes : Nays : The motion carried. Council Members Nabbolz, Moore, Garrett, Wololyn, Yurcbick, Gnzulia, Bndabaw None P:istor Cbuck Borden wu present to accept the proclamation. He lla1ed tbat the oripal plan -ID just ask for a let1er of coqmulations, IDd the proclamwtioo -beyond our ~ He lllillbd Coullcil . Mayor Bradshaw lla1ed that the Enalcwood Wesleyan Cliurcb ii celelnlilll itl flftiedl ali-.y in Englewood . Englewood City Council Aupt 5, 2002 Page 8 (c) A letter from John J. Robena indicalina bis raipalion from the J!nakwooc1 Code Enforcement Advisory Committee wu considered. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE RESIGNATION OF JOHN J. ROBERTS FROM TIU ENGLEWOOD CODE ENFORCEMENT ADVISORY COMMITI"EE. Aya: Nays: The moCion carried. 9. Pabllc Heartaa Council Members Nabbolz, Moore, Oamtt, Wolosyn, YW'Cbick, Gnzulia, Bnldlbaw N- No public bearina wu ICbeduled befin Council. 10. c-tApada (a) Approval of Ordinances OD Pint Jtcadina. There were no additional iteml submitted for approval OD finl readiaa-(See Apada 11ml 11 -Regular Apnda.) COUNCIL MEMBER GARRt:Tf MOVED. AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS II (b) (I) AND II (c) (I). (b) Approval ofC>ntimnca OD Secmd ...... (i) ORDINANCE NO. 37, SIIIUIIS OF 2002 (COUNCIL Bn.L NO . 35, INTRODUCED BY COUNCIL MEMBER OAJUlE1T) AN ORDINANCE AUTHORIZING AN "AGREEMENJ' FOR TliMPORARY Ll!ASB ANDIOR RE- DIVERSION OF REUSULE RE1URN FLOWS OF WATBR• BBTWl!l!N Cl!NTENNIAL WATER _ AND SANITATION DIS11UCJ' AND 1llE CITY OF ENGLEWOOD, COLOltADO. ( C) llaolutiolll and MOlioaa. (i) RESOLUTION NO. 71, SER.JES OF 2002 A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAININO CONTRACT BE1WEEN THE ENGLEWOOD FIRE FIG HTERS LOCAL 0 . 1736 AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANU ARY I, 2003 THROUGH DECEMBER 31, 2004 . Vote results: Aya: Nays : The motion carried. II . ReplarApada Council Members Nabllolz, Moan, o.na, Wololya. Yurdlic:k. Gnzulia. Bnmlllw N- (a) Approval of Ordinances OD Finl ltadias, Englewood City Council August S, 2002 Page9 (i) Director Simpson presented a recommendation from the Community Development Department lo adopt a bill for an ordinance approving The Shops at ~ and Logan Planned Unit Development (Safeway PUD). He also requested a public bearing for September 3, 2002 lo consider the Planned Unit Development, which is a rez.oning for the Safeway Stores. This rezoning would permit a fueling station on the property, be said. Mayor Bradshaw uked for a motion lo set a public bearing for the Shops at~ and Logan Planned Unit Development for September 3, 2002 . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO SET A PUBUC HEARING FOR THE SHOPS AT HAMPDEN AND LOGAN PLANNED UNIT DEVELOPMENT FOR SEPTEMBER 3, 2002 AT 7:30 P.M. COW1Cil Member Moore said be wanted a quick confirmation of the process. This is a vote sin:4>ly lo have a bearing in which we will get the information wc need in order lo make a decision. Mayor Bradshaw said absolutely. Council Member Gamtt said this is allo approval of the council bill oo first reading. City Attorney Brotzman said that wu not the motion, but I tbougbt you ~ going lo do it in two pieces . Mayor Bradshaw said this motion is for the bearing only. Vote resula: Ayes: Nays: The motion carried. Council Memben Nabbolz, Moore, Oanett, Wololyn. Yurcbick, Onzulia, Bndlhaw N- COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (a) (I)-COUNCIL BILL NO. 31 ON FIRST REA.DING. COUNCIL BILL NO. 38, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE APPROVING 11IE PLANNED UNIT DEVELOPMENT (PUD) FOR 11fE SHOPS AT HAMPDEN AND LOGAN PLANNED UNIT DEVELOPMENT, IN THE CITY OF ENGLEWOOD. COLORADO. Vote results: Ayes : Nays : The motion carried. Council Members Nabbolz, Maott, Garrett, Wololyn, Yurcbick, Grazulis, Bradshaw None (ii) Director Gryglewicz praenlcd a recommendation from the Deputmcnt of Finance and Administrative Services lo adopt a bill for an emergency ordinance au1borizina and approving the lease-purcbue of~ hardware and operatiJla software, telec"-mic:aQOIII equipment, and police laptop~-This will include support and electrical iwadll IO the dlird floor bn at Civic Center, to support the healin& and cooJina needs for the new equipmeal Thia ii the IBIS Project. the laptops are for the police can over at Safety Services, and Ir....__._ ben ill the buildiDa. be advised . Mr. Gryalewicz said be should make -conectioo in the tbinl Wbaw. It 18J1 iD ,....._. "also known u the IBIS or iq,rovina ......... Hy all buaiw ~ IIIVic:e•. II mould reed "iJ1¥oving bulineu, iq,rovina scrvice". We are looua at very filvunble ia111 oo diia, we an doia& a five-year blended rate, which loob ripl now lib it will be 4.11%, a I i.w iacllldld ben .-die payments will be. • • Enatewood City Council Aupst S, 2002 PqelO Mayor Bndlbaw said we hid amicipated 4 .S%. Mr. Gryg1ewicz said it could even be a little below the 4.11% when we get it finilbed. COUNCU. MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (H)-COUNCU. BILL NO 31 ON nRST HADING. COUNCIL BILL NO . 30, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO AU1110RIZING AND APPROVING THE LEASE-PURCHASE OF COMPUl1!R HARDWARE AND OPERATING SOFTWARE POil THE CITY PROVIDING DETAILS IN CONNEC'l10N WITH THE LEASB- PURCHASE OF THE SAME, AND DBCLARING AN EMERGENCY. Vote l'elllltl: Ayes: Nays: - The motion carried. (iii) Direculr Grypewicz prWllled a ftlC>Nii Mm 6-tbe DeplaW of Fimnce and Aclminillralive Semcee to adapl a biD far a....., onliaDce ..... die.-or bcnll far the Parb and RecratiClll A....-. Pn P,ojec:t. We illllld tlle .. pm of tbele bcnll lal year, be said. We iaaed $5,810,000.00, -we me illailfl $6,999,000.00 ill 0.0. bcnll. Tllil-appn,ved at the November 6, 2001 electiaa,be ....... adwe ....... • ........ adtlle ... dlltwilbe A...-1s*, to1ttblllilaeW1will._. .............. .._ 1.111 ........... jlllllllm about, WI -loollillt II a ..Y a.-.1111 leae Ila ripl-. At• mlllill • • ltjto, ( wil 111¥9 die actual -----&Ir COUDdl, be llid. cotJNCD.. MD1KR WOLOSYN MOVD, AND IT WAlacoNND, TO AnllOVS AGENDA ITEM II (a) (II)-COUNCU. 911.L NO 3' ON JOIST HADING. COUNCIL BILL NO. 39, INTROOUC!D BY COUNCIL Ml!MBl!R WOLOSYN A BILL FOR AN ORDINANCE AU1110RIZING 11IE ISSUANCI! BY 1111! Cl1Y OF ENGLEWOOD OF ITS GENERAL OBLIGATION BONDS, Sl!Rll!S 2002, FOR 1111! PUUOSIIS Al'l'ROVID AT . THE CITY'S ELECTION ON NOVl!MBl!R 6, 2001 AND AtmlORIZINO 1111! LEVY OF nDPl!RTY TAXES TO PAY SUCH BONDS; PROVIDING 11IE FORM OF 1111! BONDS AND 011IER DETAILS IN CONNECTION THEREW1111; APPROVING DOCUMENTS RELATING TO 1111! BONDS, AND DECLARING AN EMERGENCY . Vote Nlllhl: Ayes : Council Memell Nablloll, Nome, Olnea, Woloaya. Yurchick, Oraulil, 8ndalllaw Nays : ~ The motion carried. (iv) (Tbia item-moved farwanl oa dllt ...... S. PIii 3.) (b) Approval of Ordialsa oa SeccNld ...._ There -DO additional ilellll lul-llillmcl &Ir l!pplOVII • _... ....... (S. ~ .... 10 -C- Apda.) Englewood City Council August S, 2002 Page 11 (c) Reaolutiom and Motions. There were no additional items submitted for approval on second reading . (See Agenda Item 10-Consent Agenda.) 12 . General DilcURlon (a) Mayor'• Choice (i) Mayor Bndshaw offered kudos to Safety Scrvicel, and apecially Nancy Petenon and Pbenomenon Elllertaimnena for tbe tint -1 kickoft'party for Naliaaal Nipl Out. She also tbanbd Coumry Buft'et for mpplyina all tbe food. Micllael Yun:bick wu there, City Manqer Scan wu there, and Chris Olson was there, she commented. (ii) Mayor Bndlbaw poiDled out that, in Council'• peclret. tbeae wu infonmlion that ahe bad requated about tbe Orealer Littletun YOUlh lnitiatiw. She uid Ille would lib to fonvud that to tbe School-City Joint Comnittee to look al, along with tbil confemx:e packet, bec:aUle it ii really ~ Let's not wait until a tragedy lib Columbine hits our area. I ttiinlt we mould lave IOllletbiDa in place for kids right DOW, llhe uid. Council Member Wololyn felt it mi&ht be uaefid to tbe tuk fon:c OD leallF drinkina-Mayor Bradshaw said however we can get into a par1Denbip with tbe schools on that would be great (iii) Mayor Bradlbaw tbanlred Code EafCll\lelmlll Field Supervilor Lym and Division Chief Moore for tbe report OD vehicles and bow dift'en:at COIIIIIIIIDi1ie mire them, altbou&h it was cumbersome to deal wi1h, and I called Mr. Lym today and uid that. I jUlt need to bow if Council ii aupportive of lqialalion to limit or dilc:ounp too~ Yebiclel pmbd in Nlidmlial anu, Ille uid. Several Council merilen indicated their mpport. Mayor Bndlbaw uid okay,'*-, ifwe are not aupportive, why have Code Enfon:emt go through tbe lnin dmmae-Sbe uid a bid biplial*d tbe areas that Ille was concerned about (iv) Mayor Bradlbaw reminded~ ofNaliaaal Nipt Out tomonow Dipl, and offered tbanks to thole participaling. (v) Mayor Bradlbaw uid, reaanta. tbe Mono iillue, tbat •--. when she was OD COUDCil before , we bid problem propenia, and when we bad to take c:an: of them, tben we put a lien againlt the property . She uid lbe did not bow ifthat was lOlllelbing we wanlecl to look at DOW. City Attorney BrolZIIIIII uid we still do that Mayor Bradshaw said that ii why we did an e-mail, becaUle I tboupl we bad that in place, but I was not sure . I !bought we should probably have a discussion about workiQa OD problem properties, bow -y notices doel it take, 1111d so forth. COUDCil Member Yun:bick said his concern with tbil particular property ii that it doea not look lib there ii any effort on the landowner 's part. Mayor Bradshaw said we cannot lqislatr rapo1111l>ility. COUDCil Member Wolosyn said it was proposed to her that we 1111>w it clown cxa at DO clmp, aml then n,ove to the lien thina -But we did mow it down once lut -· 111 you ue pnlCllllilrc it iD a di8'erem way than I undentood it, Ille said. Englewood City Council August 5, 2002 Page 12 Mayor Bradshaw said, if we go ahead and do the work that will satisfy the highway depar1mcnt. We do the work and then put a lien against the house . Council Member Wolosyn asked if she is responsible for the work that we do now . Mayor Bradshaw said yes. COUIICil Member Y urcbick said it is a tax lien. Ms . Wolosyn said that is different than she understood it, and that seems like logical procedure. Council Member Moore said just as a little background, last year we took some trees down, we did not get the property fully into the state of compliance, so that wu pan of my confusion, too . In the end, and I have talked to the owner, the confusion over the property is that, if we just get it into the state we need it maintained, she lll\lreS me she will maintain it from that date forward. Tbcre is confusion about two things. One is that what was done lut yar did not reach that level, and the ocher aspect is she bas been on the property for six yars and she did DOI realize it was her responsibility and it bad DOI been brought to her attention as an issue until about a year ago. Personally, I am not saying I agree with all of this, I would just like the property to be in c~liance, he said, and she will take care of it from this point forward. I am fine if we do a lien approach, he said, but I just want the property looking good. Council Member Garrett said, if we do the lien approach, she bas to pay for it. Or when she sells the house, that lie "as to be released before she can sell the property, so I want to mike sure we are all talking about the same thing . Let me ask two questions. The wort that was done last year, was it with the expectation that that was what needed to be done to bring the property into compliance lut year? b that an undentanding she may have bad, he uked. Director Rou said the work lut year involved -dead trees along the fioalaae, and our undastanding was that wu the only issue and that ii 'MIii we addrcued. Council Member Garrett asked ifhe meant the only iuue from the property owner'• point of view, or Code Enforcement's. Director Roa said from Code Enforc:emeat's point of view. He said he met with Dave Lynn out at the site, and tbat wu the burning issue. You mast uodentaDd that, when you have taken care ofa dead lree, you have taken care of a dead lree, and it ii SC-· When we go out•there and -dloae --is, and then act a good rainstorm, at the end ofthe llUtDIIIClr, dlOle weeds are ript back. I don't undenland why we would do this one more time . Her neiahbor wu very patient after he pit bia notice of violation, and he waited until after the judge found against Mary Motto and then last weekend went out and took care of the weeds. A fifty-five year old took care of the weeds, and I think he is going to be very interested in what is decided here , and whether he did the right thing in responding to the notic:e of violation or DOI. Council Member Yurchick asked why she deserves special treatment when there are a lot ofus who have right-of-ways that we have to mainlain. Why does she deserve to have the City come in and clean this up for her? Council Member Moore felt the difference in this situation is that the pu1icular piece of property is not a level, nice piece of pus, it is very steep, ript there on 285 . Besides lhe 11eepDe11, her llpmenl would abo be the danger it presents to her family in trying to Jd out there and trying ID aailllaiD it. So dial is the ditTettDCe, it is a uniquely difficult piece of property. bit sufflciendy dift'ereul? You caa nab dial judgment on your own. Mr. Moore uid she bad pven him ID nlilmte from a COlllll'lclDr w1io-cleaning up the lot between her and Baily's, and he said lhe cleanupofherpn,pertywould na--.1 Sl,000.00. He asked Director Rou, based on his knowlcdF of the property, wbclher dial IOUDdl evaa lalllllely reuooable. Director Rou said he thouaht he would 10 out there and do ii for her for Sl,000.00. t .. • • Englewood City Council August S, 2002 Page 13 Council Member Yurchick said it is expensive to have trees removed, too. Mayor radshaw said wc have already put money into that property. Council Member Nabbolz asked, it would probably be a liability, but why can't wc use the community service workers to clean it up? Safety Services Director Olson said there is a hazard issue . I don't know that I would want to have kids out there on 285 doing that kind of work, be said. The neighbor right to the east went out last week on his own and cleaned that entire piece of property, but wc see absolutely no reason why she can not get out and do this, she has already been directed to do it. I would not want to use commmity ICfVice workers, be repeated, to do that kind of thing. I already have my people, voluntarily, on their own time, cutting branches down at people's homes, so I have a real problem with that. There is a liability issue that we still have to watch out for . Council Member Yurchick asked if she is an elderly lady. Director Olson reapoodcd that she is only thirty- five years old and in good bealtb, and her bmband is, also. Mayor Bradshaw said her solution is to do the work and put a lien OD the bollle. Mr. Yun:bick feh she should be given a chance to do the work OD her own before we clean it up. Mayor Bradshaw mggcsted a week. City Attorney BrolmU said there is a process that is act forth in the namicipal code right now. Mayor Bradshaw asked what the process is, and wbetber she is in court-· Dilec1lor Olaon said she has already been to court and directed to clean it up. If it does not get taken care of, we hie a private furn and try to get the best price that we can. Normally, we have regular firms tbat come out and do grounds maintenance, and then WC lien the property . Mayor Bradshaw feh that this is the law and wc need to have people rapect it. Council Member Moore said she still has a court date left, ao if it is not cleaned by August ~, she gets cited and it goes to court. Theo would the City step in, be uked? Director oi-said be was not IUl'e of the entire process at this time, but it was bis understanding that she bad already been to court, she has already been directed to go ahead and do this. Assistant City Manager Flaherty advised that she bad an administrative bearing. If abe does not clear the property by the 9111, she will be sUJmlOIISed to court and amigned. She would go to court thirty to forty days after that, and then it is up to the judge what bis ruling would be. It has not gone through the entire process , be said, as she has had the administrative bearing only. City Attorney BrolZrllan advised that the Code Enforcement COIDllittee gave a series of alreroativea at every step, so the criminal case can proceed, so we c an still clean the property and lien it at the same time . The Code Enfoo:ement COIDllittee anticipated that you could have this probleni. and did DOt WIIII to have a weed problem that is cured by the winner, instead of being cleaned up in a timely fubion. We can get the time frames to you. be added. It is still a liening process, tbou&h- Council Member Moore said he was still confused . He asked what the next step would be. Council Member Garmt said what be is bearing is that we juat lc1 it go. ·. • • Englewood City Council August S, 2002 Page 14 City Manager Sean asked if we should inform her. He felt she should receive a courtesy call that basically says that we are just going to proceed, unless she cleans it up, subject to the Code. City Attorney Brotzman said it is required by the Code for that to happen, so, again, you are under the Code process. (vi) Mayor Bradshaw asked Comnmity Development to raunect the med car dealer ordinance, which they worked on five or six yean qo. Some CClllllllllllit have limited the IIUlllber of lots in their city by si7.e, and by service. Sbe aaid she would like to have Council loot at 1bat around the end of November. (vii) Mayor Bradsbaw aaid ,ve have an iuue on the Skaritt HOUie. Council Member Garrett comnn1ed 1bat the iaue that cune up IOlligbt, wbich -new, -IOlllething of a veiled enfon:ement threat by the State Hiltoric:al Society. 1 am 11111 familiar with the apecific CODtrlct language, be allowed, and what our culpability pouibility could be beyond the dollar amounts. City Attorney Brotzman aaid they pve us $80,000.00, so the liability ii for $80,000.00. Mayor Bndsbaw said, so ifwe give back the $80,000.00 ... City Attorney Bromnan aaid 1bat is the amount of the contract. and 1bat is the IIIIOUllt of the enfon:emeut audlority 1bat they have OD the house. Mayor Bradshaw asked about needing permission from them City Attorney Brotmllll rapooded that, if you expended the IDOIICY, and you did something with the house, you could be liable up to $80,000.00. Mayor Bradshaw sa»ifwe kept the moaey. What ifwe retumecl Ibo llllllley? Mr. 8rolZmlD said, then you have given them $80,000.00 and you are done. Your liability under tbatc:oanct ii 1imi1lld to $80,000.00. 1 am DOI saying they are DOI going to file for an injUDCtion, but your liability ii $80,000.00. Council Member Garrett asked, when Council toured the house, if other people Wff invited, by Council and City -~ and if anyone from the Historical Society appean,d. Council Member Grazulis said she WU DOI IUl'C they Wff invited, although she bad requeaed that they be invited. Mayor Bradshaw asked if Library Director Long could amwer that Mr. Garrett asked if anyone from the Historical Society wu invited. Ma. Gnzulil aaid Ille bas apecifica11y asked for Roger Brown to be one oftbem, but wu not IUl'C ifbe bad been invited. Director Long said it was bis undentanding 1bat the tour was for the benefit of City Council and ataft', and that is the way we interpreted it, and that is the invitation we put out to City Council. If we misunderstood that, then my apologies , but that was our understandina, We did sugat, that if Council wlllled to invite someone, they were fiee to do so, but to let us know --we needed the safely mub in order to ao into the building. Council Member Grazulis recalled that m an e-mail she thought she llllgated to alt IOIDCOIIC, but Ille wu not sure bow far that got. Mayor Bradshaw said we did take the tour, and althoup she aclmowleclpd that Ille ii not an expert, Ille was not ilq,reued. Council Member Woloayn said she took the tour, and she ii not ua up.at. either, but Ille could 11111 even determine what put is &om 1864. One lbma that llu ccme ID die aumce, lhe lllowod, ad I Ft documellll that we have received over the lut two years, and -of our Council O +eN at'-did lave Englewood City Council August S, 2002 Page IS the report from Andenon/ Anderson, and the fint line of that report -tbat IDID)' believe this building is the oldest standing ranch house in COiorado. That concerm me, abe said. I'm IOD')', but it does. Architecturally, I did not see that. I see it u an old building and I do not think we are in a position to go the whole preservation route. I said that at lhe last meeting, she recallecl. Preservation, u you know, is more than just saving buildings, it is creating a context, and a life for them afterwards, and this report a1ao said this building could not be adaptively reuaed, bec1111e it would have to be adapted to ADA standards, so you could never uae the second floor, and even the tint floor hallways would have to be added. M1. Woloayn said ahe wu not in favor of burning it immediately, but felt we should put it out there, since it may be the oldelt building in the state, maybe there is an organization tbat is more capable of addressing it. I would hate to juat do away with something if there is someone who is williDg to come forwud and give it what may be ita due. I regret that other people were not in there, becaule you say that it ii a unique building. One of the unique things about it nay be, like so IDID)' old buildinp, ita provenance wu loat. You cannot tell what the original pan wu and there are pans added on. lfwe had $600,000.00 to spend on biatorical praervation for our C'.ilture in Englewood, I would maybe want to loot at ocher building'• facades along main street that have a broader value to the connmity. Council Member Grazulis cormnented that that was well said. I do know that on some of the old, hiltorical buildings, they do not have to be up to ADA. if they are not uaed for anything more thanjuat being preserved. Ms. Woloayn said abe had said for a historical livin& farm sort of thing. Ms. Grazulis said the hallway does not have to be, but that is beyond the point. I am in favor, until we find out more about it and get a better feeling, I feel like we are almoat butily lmkiD& a decilion becaUle the mooey ii overt1ki1J1 our viewpoint. She suagested warehousing it until we get a liale bit filrtber along. and other entitiel and poupa would come forward, and m1ybe we can have m1ny dift'enml poup1 do it u a collec:tive efl'ort. We mipl then be able to railc amne of this mooey, or have the HillDric:al Sociely do ao. I-very belitantaboutjlllt bulldozing it. Council Member Wolotyn said the ii aot apilllt returnma the pant, becaUle ifwe are in a poaition where: we are not going to make filrtber investmentl, that mipl happen. Council Member Ganett said be wu looting at the budpt and be wllllld ID be clear. Where it says stabilization COllltnlclioo, to wareboule it, will it COit S140,000.00 ID lllbilize it to jlllt hold it? Council Member Woloayn asked if we have to do that. Mr. Ganett said the tJudaet says stabilmtioa C0111tn1ction. I WIIII to be 111re, when we say we will board it up, we know there will be nae than plywood and nails, and I wanl to know what tbat coat is . It says $139 ,000.00. I jlllt want to undenland, ifwe modlball it, which is one of the suggestions, what are we looting at, and where are Ibale funds goiDa ID come &om. City Manager Sean said Assistant City Mana,er Flaherty and Director Lona pul toaether the memo . Ass istant City Manaaer Flaherty said be could connent on at 1eut put of that. The project which we received the grant for is a S 160,000.00 project, and it ii for the puipoee of stabilizin& the ltnletUR, and mitigating the lnd-bued paint on the exterior of the buildin& throup an eocaplUlation pn,ceu. That would not address any of the interior elements of the buildin& wbai-ver, and, at the -time, the str\lCture is underaoina deterioration-· It baa been somewhat acccia.d by the walCr dallllP that we had earlier this year, and, ifwe do 11111 spend mooey on the property, it will dlleriome llanlacr. AlliD. tlllt doesn't mean ii will be next -.It or next year tlllt it ii aoiaa ID be...,,_. lmlllo Ill said, 11111,... we have broupl IO COIIIICil, initially, with dlil pllll. ii I -ofbriapls die lhCUe ialD die comliliaa that would allow it to be coq,lelcd at I laler dale , at ID atin..i COit of$ 160,000.00. Mayor Bradsllaw lllked, oftllll .-, how au:b ofit Illa been co.-.--.! Ina..._~ Mr . Flaherty 111d the tolal .-ii S160.000.00, and we lllw a pllll for $40,000.00 6-• C -icy Developmnil Block Onlll l'uildmt with Anipuoc COllllly, and ID addilioMI SI0,000.00 ...... die Slale • t • • Englewood City COUDCil August S, 2002 Page 16 Historical Fund, however, we are very rapidly approaching the deadline on the COBO grant, and probably no longer bave the availability of those funds, be advised. So basically wbat we bave is $80,000.00. Council Member Yurchick said be was still not clear on what we are getting for the S 160,000.00. Mayor Bradshaw responded that we are getting a building to mothball. Mr . Yurchick asked what they were doing for S 160,000.00. All I beard WIS encapsulate the outside lead based paint. Wbat does that mean, that they are painting the house for S 160,000.00? Assislllnt City Manager F1aberty said the S160,000 .00 includes lltructural stabilization, shoring up the foundation, putting on a new roof, replacing IOl'lle wood in the window and door area that bas become rotted, in addition to the lead based paint remediation. Director Long said be would like to mention one other tbil!g. If the water leak bad not bappeucd, the grant for $160,000.00 would bave done euc:tly what Mi said. It would have taken care of the exterior of the building for the foraeeable fillure. The problem came about with the leak, and the reaultaal mold within the building, be said. We did a tour for Mr. Moore this aftmloon, and Tom Major. I mentioned that the mold is steadily increuing. We do DOI bave money allocated right DOW to addras the mold issue. It is pouible that Mi could come up with additional funds, but that mold issue bas to be taken care of, even if we fix up the outside of the building, IOllletbiug bas to be done now with the inside just to stop the mold damage, which means ripping out a great deal of the interior. Council Member Yurchick asked if the water leak changed the lltructura1 condition of the building. Mr. Long said there is DO real way of telling right DOW, until -of the walls are removed. Council Member Oarrett said, for S160,000 .00, Ml do wllat we said we were going to do, and DOW we have the mold problem. Mr. Long said ya. Mr. Ganeu ubd bow IIIIICh the Clliml1e -· Mr. Lq said when Mr. Major did the tour for us 1be otber clay, be thoupt it would be mound $30,000.00, but that would only address die north section of the house, DOI the entiR house. Mayor Bradshaw said the south section bad mold~ tbere is no foundation under that portion. Mr. Long said that is comet, the entire house bas mold, tbere ii ubestos tbrougbout the house, and tbere is work that bas to be done, and we have to come up with tbe moaey to ::lo iL Mayor Bradshaw said they used asbestos mutic on the tile . Mr. Long said i:onect. Mr . Garrett said we are at $190,000.00 and only deaJina with the north side mold, $30,000.00 for tbe north side mold, so we have S 160,000.00, plus $30,000.00 plus Ml have other mold and asbestos iuua that are unknown at the moment. At the same time, if we -return the $80,000.00 back to the State, that is all OD the City's nickel. Council Member Wolosyn said the $80,000 .00 WIS for stabilization, right? Mr. Long said right, it wu part of the S 160,000.00 grant. Council Member Garmt said be beard one COUDCil per.. uy wc would return the $80,000.00 ao we can preserve our options, so we do DOI bave the ten year problem. Couacil Member Wololya uid Ille dioupl by renaming the Sb 1,000.00, you could just let it lit there, in --came forwud and waaled ID take care of this issL ~. but is IOUllds like we have to do tbe PlbiliDtiOD in order to let -elae bave an option. Ms . Wolosyn said she does DOI bave a problem with spendills moaey, but WC have IO Dake judgments about where we spend moaey in the COlmlllllity, and what is aood for the~-For me, I do ROI ICC this IS a really IOllg term, broad value. I • • Englewood City Council Aup 5, 2002 Page 17 Council Member Nabholz said you know my feelings on the Skerritt HOUie. When I took the tour the other day, I penonally did not think the mold wu that bad in there. I would like to take a look, within the next month, if possible, at every option we have available. How to save it, what needs to be done to save it, and maybe even, possibly, and I bate to say this, a sale, u is, with a stipulation about it being an historic site. Council Member Yurcbick said, if we just keep the bollle, and do :r.ero 111bilization, zero re-roofing, just get paint OD it IO it does DOI look like an cyaore, what would that COit 111? Director Long said it WIS DOI just a siq,le thing of painting it, because you have the lead buecl paint OD the exterior. Mr. Yurcbick asked why we can't just paint over it, u ii. Mr. Long said be ii DOI an enviromnenlal enameer, ao be canDOt answer that It ii my undmtaading tbat it bu to be eaclpllllated with a apecial kind of paint, ao there ii a COit factor there. Just to paint it, I have DO idea, be uid, but we could probably come up with an answer for you very IOOD. You still have a house that ii l1rUdurally quatioolble. Council Member Yurcbick said that puts a time fuse OIi it, if.-WIIIII to buy it and pre9erVe it, Ibey have a structural issue to deal with before the thing caves in, IO it pull a time limit on dealiDa with the project If we go in and 111biliu it, and sell it to someone, it could sit there for another twenty years in the condition it is in. Mayor Bradshaw said that ii what Council Member Nabbolz uid, that there would be certain demands on the sale that Ibey would have to do IOIDething in a certain amount of time. Mr. Long said, again, I am a librarian, DOI an qineer. Council Member Yurcbick said bis concern is that it is just an eyesore, when you come from ~ and go west, it is an eyesore on the bill. If we are aoin& to keep it, at a minimum we need to paint it Council Member Moore said, for the record, he visited the house today and could not tell which pert of the bollle WIS 1864 versus 1964. It wu very bard to see how life in 1864 wu like by this house. Alao, the amount of money required to do the right thing here ii tmnendMI, and I am not convinced it ii ill our , citizens' beat interest and I would love to see the HiltlOrical Society, ifit ii that impar1ant. to help III out, step up with IIOllle serious fimdina for it, because rigbl DOW, J do DOI feel it ii I reapomible action 00 our pert for the rest of our citizens. Mayor Bradshaw uked if they weic to the point where Ibey could make a motion of some sort COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO RAD THE SKERRITf HOUSE. Council Member Moore uked what it would take to find out what fimdina ii available from the Hiltorical Society. Do we have the information already? Have we aheady done our due dilipnce, requested all the funds, or are there still funds that can be acquired for this? Council Member Grazul is said she realized that we bad a profeuioaal come in and take a loot, and there are always second opinions on what it would take . The company that did the actual 1111 -"' ofit and realized these coats, did they have any other stake in it, like reconmiendin& wbo would do this, she uked. I realize there would be a code of etbicl there, but I wu just thinking that ninety pacelll of the bouaa in Englewood have lead based paint, and they have children living in them. It -like in order to jlllt make this an historical place where kids are not goina to be pawing on the paint, these price& are still u1rononucal. I think we are going so far over that it just seems outlandish to rue ii because of that. Ms . Grazulis said she still bu a problem with takin& it down without -elae lteppina up from the State Histor:cal Society and telling us where the funds are available. I would love to see where these flllllll are , and then I will vote oo the other aide, she said. • • Englewood City COUDCil August 5, 2002 Page 18 Vote raulta: Ayes: Nays: The motion wu defeated. Council Members Oarrea, Yun:bick, Bndabaw Nabbolz, Moore, Wolosyn, Grazulis Council Member Wolosyn aaid plan B, to her, would be bow do we aet it into tbc bandl of IIIOtber responsible party, not bow we get more money to RStore it ouraelvea. Council Member Gamtt uked if abe bad a time filme. Ma. Wolosyn aaid by Cbrillmu, beca111e nothing we want to do there ia aoiDg to get done by the end oftbc year. Mayor Bradshaw aaid, by not llllking a decision, we have made a decision. COWICil Member Moore aaid one month from now be is prepared to say ya to that same question ifbc bas not 1ee11 ~ about tbc additional funds beina available. He aired whit direction ia aceded for lltlff. Mayor Bradshaw aaid we are looking at the tint meeting in September. Council Member Wolosyn aaid abe jlllt W111t1 to find a way to put it into olber hands. Mayor Bradshaw aaid her concern is the property. She aaid abe tolllly diaagreea with the four of them. The property site bas sipificance. Walkina through that house was ridicwoul, abe aaid. TbeR wu 1960'1 c:arpet, peeling paint with DIIIIY different colon, and five different kinda of ptten on thia house, abe aaid, and we are delaying a proce11. We bought the house to preserve it if pouible, if not the lite, and now I see III changing from our original intent. Council Member Gnzu1ia aaid abe could see bow abe felt, and would ap,e wilb her if there -no OCbcr ways. Council Member Moore aaid be ia Dinety-aiue pen:mt wilb her, bul ill fairma ID tbc c:itizelll tbat thia is very ~ to, be ia willing to pve one more moadL Council Member Wolosyn aaid abe would go with a month also. Council Member Gnzu1ia aaid abe would lib lix weeb. Mayor Bradshaw ubd what information is needed. City Manaaer Sean aaid we CID follow up with bia statement, and take a look at 10111C ahemative funds. Mayor Bradshaw aaid we do not have S160,000.00, we now have SIJ0.000.00 CDBO ~- City Manager Sean uked iftbcre was a pool for COBO~ that we could go back illlD. Mayor Bradshaw aaid thia ii a whole OCbcr ~ who we apply to. Mr. Sean aaid they could provide to Council, within thirty days, a 1iat of what the State Historical Society pves ID 111, and then we CID spend a little bit of time looking at some other alternatives from I financina viewpoint. Mayor Bradshaw aaid, if this does go IOlldl, and we do have to, in fact, rue it, I do not Wlllt the State Historical Society, well they can do what they want, which they always do anyway, but I Wini them to realize that you do DOI blackmail a city by saYina if you do not Ille thia ~ to do tbia, you-·, aet any money ever again, and I really did 11111 lib that c-.it II all. Mr. Wolfe stated from the audience that that wu 11111 bia .....,_._ Mayor Bndlbaw aaid oby. Council Member Yun:bick uked if they could keep die SI0,000.00 _.. force..-. Cily AIIDnly Brotzman aaid DO . They pve you 580,000.00, ud if you -•.-.ID -it, ,-pe ii 11eck. Englewood City Council August S, 2002 Page 19 Council Member Garrett uked if we have to give it back now, or can we bold on to it, since we are delaying the decision. Assistant City Muaaer Flaherty advised that we actually have grant authorization for SS0,000.00, but have only drawn about 514,000 .00 . Mr. Yun:hick felt, if it is our intent to let IOIDDOIIC else pick it up, we abould jlllt give it back DOW. Council Member Garrett llid DO, we bad four Council memben who voted to not rue 1he buildin&, so there are two dift"emn plam. Council Member Moore, be said, IUIIClted finding out what other funding IOUl'CCI are available, wbicb ia diffemd from Council Member Woloayn'1 plan. Ma. Woloayn llid lbe is hoping another organization c:omea forward . Mayor Bndabaw Mbd if staffwu clear on their directioD. City Mampr Sean siid staff would come back wilb the bat ftmdina al1mnative -to Council widlin a moadL Mayor Bndabaw llid if ayooe elae Wlllla to llep up to the plate, ia wllll Council Meamer Woloayn wu saying, DOI just staff driven, but bistorical society or wboever. Council Member Onzulia feh all biatorical aocietia from all over abould know about this so they can help us . Mayor Bndabaw llid staff needs to act the word out City Manager Sean llid, with Council's permiuion, we will act 1he informatiaa out to the school diatrict, and maybe -other acboola, to -if they lawi a .... ii tllllt lic:ility. We will put a natice OIII, bul for 1he IIIOlt put, my approach will be IO ccxne lack wilh my aw~ -we ca cmne up with. Council Member Wolalyn lllbd if the Stale HillDrieal Society wauld bow ol a111ri1tM· w 1bea - wi1lin& to take it over. Mayor Bndabaw llid ao that the burden ia OIi the Stale Hillorical Society. Ms. Woloayn ,peed tlat, to our city, the site ia velueble, and the llnlCIUle ileelfmay be velaeble .-ii is 1he oldest ranch boule. (viii) Mayor Bndabaw llid lbe bed beCll Mbd by the Urban LeDd llllltiMe 10 - on a forum. If Council approves it, it is lirfue GIily, everytbiua elle ia peid tar, ad the lirtire IO Salt Lue City for one day is aoiaa to be SJ00.00, lbe advised. She said lbe wauld pt a paper out 10 Coancil. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS UCONDID, TO ruND MAYOR BRADSHAW'S TRIP TO THE URBAN LAND INS11TUJ'I IN SALT LAD CITY. Ayes : Council Memben Nabbolz, Moon, Gama, Woloaya, Yurcbick, Gnzu1ia Nays : None Abstain: Mayor Bndabaw The motion carried. (b) Council Memben' Choice (i) Council Member Onzu1ia I . She llid they would all be allleodina Nati<xal Nipr Oul 111m011VW Dip&. 2. She mentioned that today, about 110011, there wu a bib IIUIDmobilr accideat there II Ra.: .,·,rand Linc oln, and they took a middle-qed gentlemul away with bead avuria-SIie ........S tlal it .......... Englewood City Council August S, 2002 Page 20 the narrowness of the street and limited visibility for the twenty-five mile per hour speed limit. With scbool starting on August 1 ~, 1 would like to see us put in either the Herald or our Citizen or something, to please remember to watch out for little ones, because school is starting. (ii) Council Member Yurchick 1. He felt the City seuion with ACE went well. He asked Council to consider adding to an upcoming Study Seasion a look at their recommendationa for Council and staff, and see what we want to do, and then come back with a commitment to the committee. 2. He suggested having one of Council's outside fOIIIIDI pared IIIOle towmda busilleuea. Maybe we could have it at a central location, like Flood Middle Scbool, and par it more u a balima forum, nther than a citizen forum. 3. He said it always concema bim when be pves a request to Code Eafon:ement and there is always something added OD they say I have requested, that I did not. Thia is a perfect euq,le in the packet, where I have a citi7.en complaint about dog fec:a at South Emmon, and all of a IUddeD it becomes eiu:esa number of dogs and dog fec:ea. There -no COlllpllilltGD the number of dogs. OnD1ec1, there wae four clop there, but they were grandf'atberecl in, and sbe·did not have an iuue with it. But it botben me. don't know if this is a Code Enfon:ement agenda or what, but it always -to get tagged oo to these requests a lot. He requested that they follow up OD requests u stated, not u they want to do. (iii) Council Member Wolosyn 1. She aid after the Study Seasion, Terry Dioo uked me to bring Coullcil'a delllian to the letler llhe put in froal ofus. She aid sbe commented to her that it is a shame that this beanay, this one remart. would destroy something. She felt like llhe followed that, and that our staff WOlbd really well and very hard to minimize the iq,act with her. I told ~ this and lbe actually agreed with me and uicl that lllafl' is · continuing to work with her. 2. She uicl she went to the meetin& of the City Ditcb neipborhood poup. At the Cauacil meeting, Ma. Wololyn aid llhe aupportecl the waler deplr1ment bec:aUK sbe UDdenlood that nm:ina water in the · ditch at this time -part of a grater dialope, in which we were to get a Jona-lelm agreement to nm water in the City Ditch. At that meeting. I told Director Foada, but I feel lib I did not drive it bame, that we need to see that qreemeat with the Denver Waler Board in writing. I -1«1 of dillmbed that our water board wu not apprised of that meetin& before we WCR. She aid sbe uadenlandl that this is ID iuue of draught right now, however, the issue at hand is a long-cam iuue, for two yeen. The City of Denver is making 1111re that the aealbetic amenities that went aloaa with the City Ditch are still available in their City, and I think it is our duty to make 1111re that they are available in our conmmity also. If po111l,le, llhe asserted. I would like IOlllething available by the next waler board ~ She feh that llhe had lltood up for Director Fonda, and llhe wanted to be 1111e be would stand up for tbeae people. City Manager Sean said be would ult him to get a full report to Council and to the waler board. Ms . Wolosyn added that everyone in this poup dlinb that BW McCormick is a --1111111111, and that be has worked 10 well with them. City M-,er Sean uicl be would,-dm 1111 to him. (iv) Council Member Nalibolz 1. She uicl she has one lener oa tbe Skerria boUle aad m ,.._ calll, all ia favor of• IIDII care of ii and rebabilitatina it. Englewood City Council August 5, 2002 Page 21 2. She said Delores Roberts, in the 3000 block of Elati, would like to talk to Director Roa about four-way stops . She is demanding four-way stops. I told her there was a lot involved, but you would be glad to talk to her. 3. She wished everyone fun tomorrow night (v) Council Member Moore I . He thanked Director Long for accommodating a tour of the Skcrritt house for him, since he could not make it to the prior one, especially going into tonight's discussions. 2. He said, on the Motto issue, it bas been a pain for I lot ofus, and he thanked Council for their time on the matter. (vi) Council Member Garrett 1. COUNCIL MEMBER GARRE'IT MOVED, AND IT WAS SECONDED, TO AUTHORIZE SUPPORT FOR TIii: MASONIC LODGE GOLF TOURNAMENT, BY SUPPORTING ONE FOURSOME. Ayes : Nays: The motion carried. Council Members Nabbolz, Moore, Gmett, Wolosyn, Y urchick, Grazulis, Bradshaw None 2. He said he wished that Jim Rcca was here, because be says we always vote the same and I would like to point out that we do not always do that. ••••• Cowicil Member Wolosyn said sl'lc bad one other thing she fcqot. She said she saw David Taylor perform The Four Seasons on Friday ni&bt at the Lakewood CU1tunl Arts Center, and be spent the entire introduction praising our CityCenter and telling people to come out, so I tbouaht it was nice of him. He did not know I was in the audience, she said. 13. City Manapr'1 Report (a) City Manager Sean thanked Council and staff, especially Mike Flaherty, for taking care of the City for the last couple of weeb. (b) C ity Manager Seus said we are in the throes ofbudact. It is my JOI) to come toactber with a full and s ubstantial budget that meets the aoal of having a twelve percent reserve by the end of 2003 . We are going through individual department directors. and so far it bas been I little bit difficult. There is a laundry list that I know we are going to end up with on items that we all would like to sec bappcn, but just do not have the funds to do . We will be presenting thole to Council this next moodi, be advised. We are going into the budget with two percent under wbat we currendy have tbia year, and an illlleDl to provide the balance of services. and yet keeping us in a financially •troa& position. W c have DOI taken a lilll-time hiring frcczc, mainly because we have a number of Safety Services people that we feel are CINDlial to come on board, however we have cut back where we can oa Parts and Recreaaoa, hlfilmatioo Technology, and I number of other places where we fch it just was DOI appropriate ID ao wilb tbc 6dl-time hiring at this time . Mr . Sean felt the deplnmcnt beads -on board, but we do i.ve a pl ofaakiaa about a two million dollar amount for next year, and we are aoina ID 111b a look at every way we caa do that. • • &g1ewood City Council AupatS,2002 Page 22 (c) City Manapr Sean !Dll'MINld 11111 die Amal City Employee Picnic would be dlia Friday, and Council ii c:cr1aiDly welcome ID come ID 11111, 11 CllllliDa Pm &om 11 :00 ID 2:00 p.m. 14. City Attoney'I Rapert (1) City Altonley BRIIZDIID 1bubd Council for IIDt bavina die Council meeting over e-mail and for their refillal to do that. E-mail ii jllll die ume • pllOIII COIMnllialll or wbca you are toptber, be laid. YOU CIJIIIOt have three of you bavina I public policy dilcuMioa over Hllli1. ••••• Council Member Oruulil uid Ille may not be bae next Moaday nipl. a Ille mipl ltill be out oftown. ••••• City Maaapr Sean advilecl 11111 aat Moaday ii piaa to be I llllllla nipl. became we baw bem iD neptiatiolll and clilcimiom with RTD reprdims ... 8'lliGa, and we -piaa dnup &om a llaff viewpoilla where B1111 StatiClll ii FiDI ID lie, lllltil wiDlie ...... tllat C-=il he tlllle, or II 11111 we provide die infau111tioa ID Council abaut die llllliaa. Tbe ......._ _ pnay illllllll rillll-wilb RTD, and be felt die ftdure of Bala StatiClll will be for imew ID clelail mat week. IS. MIJ-t MAYOR BRADSIIAW MOVED TO ADIOUIIN. The meetma w adj--4 II 9:13 p.m. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, AUGUST 3, 2002 7:30 P.M. Englewood Civic Center· Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. 1: 3'/-/J di · 2. Invocation. ~ 3. Pledge of Allegiance. m1~~ 4. Roll Call . 7 ~ ~, ~,if' 1' 5. Minutes. ~~ Ml""te, fcom d,e Rogu"' Oty Council Meetmg of I"' 15, 2002. (} ,D 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) ~ Mark Wolfe, Deputy State Historic Preservation Officer for the Colorado Historical Society, wi!I be present to address City Council repn:llng the Skerritt House. A. Bryan DesMarteau , member of the congreptlon of Immanuel Lutheran Church, will be present to address City Council regarding the Church's handicai:, parking request /YJ tYl • (agendaitemllaiv). /{)oartt1.-~'fi,~//a.,',r- /t f tfY/.i,.-fl /~~//().jv~-IJfP1J-J.() (},f;gt_-~-~(~-~i),A.rJ!J!~.,,_ 7 . Unsched uled Visitors. (Ple~~-limit_Yl?J!." P,'15entatlon to five minutes.) 7'.-...e.l....A) ~tdd L. l.)Y,~fon -~ iitH.uA- 1 n . .;..-a . Communications, Proclamations, and Appointments. Y'1~~~'7-o ~ W Ufi a. A proclamation dedarin1 Tuesday, Au1uat 6. :?002 u NadoNI Nisht Out • £~ ri ~ -?~~roclamadon ononn1 the so• Annr.emr, of Ensfewood Wesleyan Church. ~ -":~ . Lt '-:~rfi '.o'r :. ~ 'etter. om 1onn Roberts .nc1c~cn1 MIINC!Cn rrom lhe Ensfewood Code _,r,r-Entorcemen t 4.Q\.1sor, Commrttff . .......... "~-..... ~ ............................. Cllr.,%11••• IJ0).·6J·2..SI • ................ .,..._...._ ......... 111111111,-. Englewood City Council Agenda August S, 2002 Page 2 9. Public Hearing (None Scheduled) 10. ConsentAgenda. JJ-~/i~~~j. /Oc.i a. Approval of Ordinances on First Reading. p ~ 1 ·rJ b. Approval of Ordinances on Second Reading. Council Bill No. 35, approving an Agr~ement with the Centennial Water and Sanitation District for Temporary Lease and/or Re-Diversion of Reusable Return Flows of Water. c. Resolutions and Motions. Recommendation from the Department of Human Resources to adopt a resolution approving the Collective Bargaining Agreement between the City and the Englewood Fire Fighters Association for 2003 and 2004. STAFF SOUR.CE: Sue Eaton, Director of Human Resources. 11. Regular Agenda. a Approval of Ordinances on First Reading. _ /olosyn _ motkln to set public i. Council Bill No. 38 · Recommendation from the Community Development~/".~ !aring tor Sepl 3, 2002 at 7:30 p.m. Department to adopt a bill for an ordinance approving The Shops at Hamp ,tl'f'f7"'1'"' . J coosider the propoMd PUO for and Logan Planned· Unit Development (Safeway PUD). Staff recommends ::=~~t Hampden and Logan-setting September 3, 2002 as the date for the Public Hearing on the proposed lolosyn -modon to approve 11 (a) (i) n fir.it reading -approved 7 -0 .. ~~.;i,11. ,-.1'1-0 ii)~~; ~ '1;0 Planned Unit Development STAFF SOURCE: Trieia ._,gen, Seitiou Plzme,. Council Bill No. 30 · Recommendation from the Department of Finance and Administrative Services to adopt a bill for an emergency ordinance authorizing and approving the lease-purchase of computer hardware and operating software~s equipment. and police laptop computers. STAFF SOURC~ Director of Finance and Adminiatrative Services. Council Bill No. 39 • Recommendation from the Department of Financial and Administrative Services to adopt a bill for an emergency ordinance authorizing the issuance of bonds f and Recreation Aquatics Park Project STAFF SOURC rank ryglewi Director of Financial and Administrative Services. iv. Council Bill No. 3 6, amending Title 11, Chapter 1 of the Englewood Municipal Code to allow parking privileges for pers~illtles on specific days and during certain hours. STAFF SOURC~Olrector of Public Works. ~~M.JI -~ 4,h Please note: If you have 3 disability ;ind need '1Ullillary aidl or HfYicM, pleue nodfy die City of Ellllnuoolll (30J.i62-2405) 31 leut "8 houn in advance of when Hl'vic9I are needad. 1'lllak yoa. Englewood Qty COIIIICII ~ A11pt5,2002 PapJ b. Approval of Ordln~es on Second Reading. /" c. Resolutions and Motions. 1 2. General Discussion. a. Mayor's Choice. b. Council Members' Choice. i. Motion authorizins support for the Enafewood Masonic Lodse's solf ~ --•• .-..-J tournament to raise funds for Enslewood elementary schools. ~ /1*'7'r'""' < Molion-9d,eS-r;_,~ -AMir,;,, fJU-~- 13. City Manasers Report ~ ..Alij,4,, ~~I/HU.L- 'd,tdkl _'3tUL/, l.4.~ Id.,,-../~ ~~7"". 14. City Attorney's Report. -1:1Jpm . ~-~:1t!ltt~· ~t,r'JSLC!- lhe folowin1 minum we,e lransmitl9d to City Council between July 12 • Aupt 1, 2002: (,-0-~/ • £najewood Fire F"'lhters Pension Board meednp of November 1, 2001 and April 11, 2002 ( ~ .. '\ • Enalewood Police Officers Pension Board meetinS of April 24, 2002 ":;I Enalewood Transportallon Advisory Commitlee meetlns of May 9, 2002 Entlewood Board of~ and Appeals meet1n1 of May T8, 2002 Enalewood Housing Authority mffdn1 of June 5, 2002 Alliance for Commerce in Enalewood meet1n1 of June 13, 2002 Englewood Code Enfofcement Advisory Committee meetins of June 19, 2002 Englewood Plannlns and Zoning Commission meetins of July 2, 2002 Enslewood Liquor Licensins Authority telephone poll of July 3, 2002 1. Call to order. 2. Invocation. 3. Pledge of Allegiance. 4. Roll Call. 5. Minutes. AGENDA FOR THE REGULAR MEmNG OF THE ENGLEWOOD cnv COUNCIL MONDAY, AUGUSTS, 2002 7:30 P.M. Englewood Civic Center • Council Chambers 1000 Englewood Parkway Englewood, CO 80110 a. Minutes from the Regular City Council Meeting of July 15, 2002. 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Mark Wolfe, Deputy State Historic Preservation Officer for the Colorado Historical Society, will be present to address City Council regarding the Skerritt House. b . Bryan DesMarteau, member of the congregation of Immanuel Lutheran Church, will be present to address City Council regarding the Church's handicap parking request (agenda item 11 a iv). 7. Unscheduled Visitors. (Please limit your presentation to five minutes.) 8. Communications, Proclamations, and Appointments. a. A proclamation declaring Tuesday, August 6, 2002 as National Night Out b. A proclamation honoring the 50., Anniversary of Englewood Wesleyan Church. c. A letter from John J. Roberts indicating his resignation from the Englewood Code Enforcement Advisory Committee. Please note: If you haw a 6abillty wl need....,_. or---. ........... Clly of l111h•ea• (303-762-2405) ....... 41 hounln ............................... ,... Englewood City Council Agenda August 5, 2002 Pagel 9. Public Hearing (None Scheduled) 10. Consent Agenda. a. Approval of Ordinances on First Reading. b. Approval of Ordinances on Second Reading. i. Council Bill No. 35, approving an Agreement with the Centennial Water and Sanitation District for Temporary Lease and/or Re-Diversion of Reusable Return Flows of Water. c. Resolutions and Motions. i. Recommendation from the Department of Human Resources to adopt a resolution approving the Collective Bargaining Agreement between the City and the Englewood Fire Fighters Association for 2003 and 2004. STAFF SOUia: Sue Eaton, Director of Human Resources. 11. Regular Agenda . a. Approval of Ordinances on First Reading. i. Council Bill No. 38 -Recommendation from the Community Development Department to adopt a bill for an ordinance approving The Shops at Hampden and Logan Planned Unit Development (Safeway PUD). Staff recommends setting September 3, 2002 as the date for the Public Hearing on the proposed Planned Unit Development STAFF SOUia: Tricia l.anpn, Senior Planner. ii. Council Bill No. 30 -Recommendation from the Department of Finance and Administrative Services to adopt a bill for an emergency ordinance authorizing and approving the lease-purchase of computer hardware and operating software, telecommunications equipment. and police laptop computers. STAFF SOURCE: Frank Cryglewicz, Director of Finance and Administrative Services. iii. Council Bill No. 39 -Recommendation from the Department of Financial and Administrative Services to adopt a bill for an emergency ordinance authorizing the issuance of bonds for the Parks and Recreation Aquatics Park Project STAFF SOURCE: Frank Cryglewicz, Director of Financial and Administrative Services. iv. Council Bill No. 36, amending Title 11, Chapter 1 of the Englewood Municipal Code to allow parking privileges for persons with disabilities on specific days and during certain hours. STAFF SOUia: Ken Rou, Director of Pubic Worb. Please note: If you have a tlNbillly wl wt!..._, lidl o,NfflCIII, ..... ....., .. City fll I -·••• (303-762-2405) ................... ., ........................ ,... • • Englewood City Council Agenda Augult 5, 2002 Pagel b. Approval of Ordinances on Second Reading. c. Resolutions and Motions. 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. I. Motion authorizing support for lhe Englewood Masonic Lodge's golf tournament to raise funds for Englewood elementary schools. ii. Motion regarding the Skerritt House. 13. City Manager's Report. 14. City Attorney's Report. Adjournment The following minutes were lransmiUed to City Council between July 12 • Aupt 1, 2002: • Englewood Are Fighters Pension Board meetinp of November 1, 2001 and April 11, 2002 Englewood Police Officers Pension Board meedns of April 24, 2002 • Englewood Transportation Advisory Convnlttee meednt of May 9, 2002 • Englewood Board of Adjustment and Appeals meeting of May 18, 2002 Englewood Housing Authority meeting of June 5, 2002 Alliance for Commerce in Englewood meeting of June 13, 2002 Englewood Code Enforcement Advisory Committee meetlna of June 19, 2002 Englewood Planning and Zoning Commission meetlna of July 2, 2002 Englewood Liquor Licensing Authority telephone poll of July 3, 2002 Pleaw note: If you haw a 6allilty an11 .. ...a.y _. ar---. ,.._..., .. City el!ll-1 ... (303-762•2405) at ..... 41 i..n ill aihacs ., ................ n..11,-. I. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Recular Session July 15, 2002 Sa The regular meeting of the Englewood City Council wu called to order by Mayor Bradshaw at 7:47 p.m. 2. lavocadu The invocalion wu &iven by Council Member Nabbolz. 3. Pledp of Allepance The Pledge of Allegiance wu led by Mayor Bndsbaw. 4. Roll Call Present: Absent: Council Members Nabbolz, Moore, Gnzulis, Garrett, Woloeyn, Bradshaw Council Member Yurchick A quorum was present. Also present: 5. Mlauta Acting City Manager Flabcrty City Attorney Broczman City Clerk Ellil Director Fonda, Utilities Dim:tor Grn1ewicz. Finance 111d Adminiatrative Services Senioc Pta-Graham, Community Developmenl Director Loaa, Libruy (a) COUNCIL MEMBER GRAZULIS MOVID, AND IT WAS SECONDED. TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCD. MEETING or IUL Y 1, 2802. Ayes: Council Members Moore, Garrett, Grazulis, Bradshaw Nays: None Abstain: Council Members Nabbolz, Wolosyn Absent: Council Member Yurchick Motion carried. (b) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE SPECIAL CITY COUNCD. MEETING or IUL YI, 2ot2. Ayes: Council Members Moore, Garrett, Wolosyn. Onm1ia, Bndsbaw Nays : None Abstain: Council Member Nabbolz Absent: COUDcil Member Yurchick Monon earned. • • Enclewood City Council July 15, 2002 Page 2 6. Scheduled Visitors (a) (Clerk's note: See page 4 .) 7. Unscheduled Vlslton (a) Roger Brown, 4260 South Grant Street, President of the Englewood Historical Society, said he wanted to read from the minutes of the Historical Society and the City Council. On August 2, 200 I, he said, we discussed the Skerritt House and Mike Flaherty and Gary Sean talked about the estimated cost of stabilization and rehabilitation of the Skerritt House. They talked about grant money that wu there and the money the City has already received at this point. There wu also tallc about what wu actually going to be done to the Skerritt House with that money. The one quote that was in here was "once this money has been spent, the decision has been effectively made not to demolish this house." We were told about the research into the building, and its history, and the history of Tom Skerritt and discussed the merits of moving, demolishing or saving the house . Basically, he noted, we had a motion at that poinl to support the expenditure of the grant monies to stabilize the building and the motion was unanimously approved. On August 6•, our current vice president addressed Council as an IIIIICheduled visitor and said, "we, as the board of the Historical Society, endorse the expenditure of the City and State money to stabilize the Tom Skcrrin property. As custodians of Englewood history, he said, we view this as a prudent and desirable action ." The reason I bring this up is because last Tuesday we had our board of directon meeting again. Instead of passing a new motion, basically restating these same things, we decided to reaffirm our conunitment. We support the expenditure of these grant monies for the stabilization of the Skerritt House, he said, we do not support a decision to demolish. He aslced if there were any questions. There were none . He thanked Cowicil. Mayor Bradshaw thanked Mr. Brown. (b) CliffYowig, a teacher in Englewood for 40 )'eUS and now living at 3120 West 39• Avenue in Denver, noted that in 1999 the Englewood City Council pun:hased the home of the father of Englewood ... the Skerritt House . We were elated bccaUle we tbougbt we had dodged having a realtor developer get a hold of the property and who knows what would happen to it then. I would like to address some of the points here, he said. You have a letter from Mart Wolfe, Director of the State Historical Fund, be said, and here are some highlights . The decision was based on cost, that we couldn't afford to redo the Skcrritt House . I guess, from the historical penpective, we ask what's the cost of preserving Eqlewood's history? The building is architecturally significant and that is from Mark Wolfe. He said yes it is. The director has said that his historical society has put together a million dollan for over 2000 projec11 and he said the Skcrritt House in Englewood fits exactly what they arc loo..lcing for . So there arc some funds available above the 80,000 stabilization. W c arc on the local rqistcr and he says that automatically puts us on the State register. Mr . Young stated we can also get funda through the Department of Local Affairs. So I think we can exhaust a lot of different ways to keep the burden of restructuring this property off of City Council and the citizens of Englewood. Mr . Young stated we feel pretty sad about demolishing the fint primary home in Englewood because of some lead paint and water breakage. It looks u thou&h, when we talk with Mark Wolfe , that the water damage is mostly cosmetic . So, he said, I would like you to take this into consideration and maybe we need to revisit this and sec what we can do. I just don't know how much it will be read, if that structure is marlced with a plaque . Some things that I would consider, u a teacher, is that we don 't know bow that could be used right now, my sight is not that clear. There arc virtual toun that can be done with computers and things, there are things that can be done, but we don't really have the technology now . Give those people a chance, fifteen or twenty yean from now, to be creative. I am hoping that we will have the foresight 10 be creative and hold off for a little while . He asked if there were any questions. There were none . He thanked Council. Mayor Bradshaw thanked Mr. Yowig . • •••• t ... .. .. • • - Enalewood City Council July IS. 2002 PageJ (J Mayor Bradshaw apologized to Mr. Brewer for making him wait. I am going to have Diane Wray speak and then we will get to you, she said. (c) Diane Wray, 3058 South Cornell Circle, said that as we all know the centennial of Englewood is coming up next year. She stated that the centennial should not be celebrated by the demolition of the home of our founder . It makes a mockery of any kind of centennial celebration t!Jat could take place in our city. As a citizen and as a member of the Englewood Historical Society, she said. I would like to inquire into the process. From everyone I have talked to, we have been somewhat broadsided by this decision. I would like to know the documents that served as the basis for your demolition decision. I would like to hear described the public process that supported this decision. I would like to know the status of your plans for demolition and what the schedule for your plan is. As pan of the documents that serve as the basis for the demolition, what are the potential sources of funds that we have? I understand that we already have State Historical Fund monies, grant funds from Arapahoe County and insurance money . Io other words, she said, we already have quite a body of dollars that are setting there that can be used. And certainly we can envision a lot of other public sources, as well as consideration of pro bono services from the conununity. So, first I would like to ask all of those questions and I would like to say that the Historical Society, and the people in the city that are interested in this, would like to understand this whole process before any demolition takes place. Secondly, I would like to say that I think the centennial represents an occasion for us to take stock of the buildings that comprise our city. The redevelopment projects, the big ones ... Cinderella City and the foundry project ... are well in hand. They are moving forward . And, she pointed out, if we are going to look to the future, beyond our centennial, and look at the opportunities that we have to invest in our community, that investment is going to take place in our homes and in our small commercial businesses and retail strips. What I would recommend is that we use the occasion of the centennial to create an historic survey of the building stock in our community. 1bat as part ofthis document, we create a ten-year plan. Once we have identified our important historic buildings, we can look at where we need to encourage growth. Where do we want our funds to go to help our business people and our homeowners? Or, where isn't growth wanted? Where do we want to maintain and where do we have quality oflife now? She opined that we need to work on maintaining it, not cbaoging it. These are the kinds of decisions and the kind of forward-looking things, she said, that we can understand when we complete an historic architectural survey of our community. Ms. Wray stated that an historic preservation conserves an important pan of the planoiog that's going to need to start taking place in Englewood. She noted Mayor Bradshaw had talked about a building award program. Awards based on mainlenaoce are divisive, as we saw . W c heard all kinds of differeot testimony about bow making the awards on the basis of the condition of a building really set off' a lot of fires, on a lot of different levels. But, if we would take a look at that whole program and consider an award based on the hisr.oric value of the building to the community, we could have a program, completely voluotary, where the building owners are recognized for the historic contribution that their properties make. And just this process of recognition, I think, will also encourage the development of under-maintained properties. A summary of the Englewood Historical Society 's previous book could be united into a centennial history of the City of Englewood. Using the summary from the previous volume the Historical Society created could prove as the beading for this survey and we would be happy to create a subcommittee. I understand, she said, that there is already an historic preservation person on staff with the City, working 30 hours, that could possibly be devoted to some aspects of it. She advised that the Englewood Historical Society would be happy to take a leadenhip position in putting this together. I think there are plenty of ways that private donon and local businesses could be encouraged to contribute funds to the printing of a project like this, as is nonnal with these kinds of centennial books that celebrate the history. So please, she said, I think that the Skerritt Houae should be saved . If the City is incapable ofhaodlina it themselves, then we should look at some alternative types of ownership or use for it. Worst-case scenario, this house should be boarded up and warehoused. She maintained that it is invaluable to this community and once it is lost, it is gone forever. This house should be made the ccm.:rpicce of our centennial events and plans. she said. The centennial should DOI commemorate the loss of this important structure . She thanked Council Ms . Wray said she was over there looking at the property . I tbouaJit I would point out that we do want to make sure that the landscaping on the slde is not lost . There are some very handsome and mature shrubs. .... t • • Enalewood City Council July 15, 2002 Page4 lilacs and trees that probably relate to the historic nature of the property. And if there isn't water over there, she said, we should at least make sure that the landscaping isn 't lost. That represents a valuable part of that resource. • •••• Mayor Bradshaw thanked Mr. Brewer for his patience and offered her apology. 6. Scheduled Vlllton (a) Mike Brewer, representing the Englewood Masonic Lodge, 3500 South Sherman Street. said that for those of you who are not aware of who we are, we are a charitable organization with education as our main charity. The Englewood Lodge has been a steady presence in the Enalewood comanmity lince 1926. In the lut couple of yean, be said, the Lodge bu looked at becoming more active in the collllllllllity, with direct involvement and help in the Englewood schools . In contacting the schools a couple of yurs ago, we asked them what we could do. Basically, Melanie Drasman of Maddox Elemmtary said we have a tremendous need in Englewood to help the underprivileged kids who CIDIIOt afford to buy their own school supplies . As a pamit, I was as1Dllllded that 40% or more of the kids in the Englewood elementary schools didn't have pencils and paper. The Lodge put together an inrcmal program to help raiae lunda for that and the fint year we were able to supply Maddox Elementary underprivileged kidl with all of their school supplies . Last year we supplied all of the underprivileged kids in the Englewood elemmtary schools with their school supplies. We will do that again this year. And men we asked them what can we do now. It was brought to my attention that the school libraries were built in the 1950'1 and the boob haven't been replaced since . So, he said, we wondered what we could do to raise money to put new boob in these libraries . The idea for a golf tournament came out of that I am here tonight to uk for a couple of thinp. One , the Englewood Municipal Golf Course, u far u I know, beloup to the City ofEDalewood-We have made reservatiom on August 17* for 25 founomes to play rouncla of golf; a puUiDa COllllelt, a bole in one ... that type of situation. If we could get help from the City of Englewood ID cover the COIII of the golf course , that would help us tremendously, with the proceedl goina to the Enalewood eten.mry acbool libraries . Secondly, I would challenae the City Council to put together a team to play in that IDUrllamlmt. We are currently struggling to get enough playen to mike this happen and we could U1C any help we can get. We are donating all of our time and mources to milm this happen. be said, and any help we could get from the City and the City Council would be deeply appreciallld. He uked if there were any quelliona. In response to Mayor Bradshaw, Mr. Brewer adviled that Aupat 17* ii a Saturday. Mayor Bradshaw asked i(be wanted Council to defray the COits of the golf coune. Mr. ere-said iftbat is in your power, that would be great. Mr . Brewer said I believe the greens fees are about S50 .00 a penon and we are cbargina S75.00, SJ00.00 for a foursome . The profit marp1, therefore, is very thin. We are buying imuraDce policies to cover the hole in one , the idea being to give away a new car in the punin& contest ... these types o(thinaa, He 1111111d we are struggling to make those quotas . Thia is the fint year we have put this on and, with any charitable event, there is a struggle that first year to make it happen. If we could have any reduction in Cea Cor the greens fees, he said, or donations along that line, it would help ua. That, buically, would mike it euier for us to make the money to pay the insurance policies and give more proceeds to the library tbnd to add more books . Mayor Bradshaw advised Mr . Brewer that Council would take it under advilement and act beclt ID bim. Mr . Brewer thanked Council. Mayor Bradshaw thanked Mr. Brewer for all their services to our kidl . 8. Communleatiom, Proda-doel ud ~II Eqlewood City Council July 15, 2002 Pace5 There were no communications , proclamations or appointments. 9. Public Hearin& No public hearing was scheduled before Council. 10. Content A&enda COUNCIL MEMBER GARRETI MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), 10 (b) (I), (U), (ill) and (Iv) and 10 (c) (I). (a) Approval ofOrdinaoces OD First Reading (i) COUNCIL BILL NO. 35, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING AN "AGREEMENT FOR TEMPORARY LEASE AND/OR RE-DIVERSION OF REUSABLE RETIJRN FLOWS OF WATER" BE1WEEN CENTENNlAL WATER AND SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. (b) Approval ofOrdinaoces OD Second Reading (i) ORDINANCE NO. 33, SERIES OF 2002 (COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER GARRETI) AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 7, SUBSECTIONS A AND 8, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO LIMITATIONS ON INDUSTRIAL DISCHARGES (ii) ORDINANCE NO. 34, SERIES OF 2002 (COUNCIL BILL NO. 32. INTRODUCED BY COUNCIL MEMBER GRAZULIS) AN EMERGENCY ORDINANCE AMENDING TITLE 6, CHAPTER I, SECTION 4, AND TITLE 8, CHAPTER 2E, SECTION 2, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO CHARCOAL. GAS FUELED AND OTHER OPEN FLAME BARBECUE GRILLS AND COOIClNG DEVICES IN BUILDINGS THAT HOUSE 3 OR MORE FAMILY UNITS AND ~TARE TWO OR MORE STORIES IN HEIGHT. (iii) ORDINANCE NO. 35, SERIES OF 2002 (COUNCIL BILL NO. 33, INTRODUCED BY COUNCIL MEMBER GRAZtJLIS) AN ORDINANCE AMENDING TITLE I, CHAPTER 4, SECTION l, SUBSECTION 8, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO GENERAL PENALTY· NO JAIL SENTENCE FOR JUVENILES. (iv) ORDINANCE NO. 36, SERIES OF 2002 (COUNCIL BILL NO. 34, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AUTHORIZING AN EASEMENT AGREEMENT BETWEEN 11IE llEGIONAL TRANSPORTATION DISTRICT (RTD) AND THE CITY OF ENGLEWOOD, COLORADO WIDCH PERTAINS TO THE CONSTRUCTION OF THE RTD MAINTENANCE FACll.ITY ON 'DIE FORMER GENERAL IRON WORKS SITE. ( c) Raollltio1111nd Mo11a111 En1lewood City Council July 15, 2002 Page 6 (i) SEWER TAP AGREEMENT FROM DENMAR LLC, ALSO KNOWN AS P ARKRJDGE MARRIDA . Vote results: Ayes: Nays : Absent: Motion carried. 11 . Re&uJar A&enda Council Members Nabholz, Moore, Garrett, Wolosyn, Gruulis, Bradshaw None Council Member Yurchick (a) Approval of Ordinances on Fint Reading There were no additional items submitted for approval on lint reading. (See Agenda Item 10 -Consent Agenda .) (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 10 -Consent Agenda.) ( c) Resolutions and Motions (i) Director Gly&lewicz presented a recommendation from the Finance and Administrative Services Department to adopt a resolution extendina the sole source conmct with Neve's Uniforms for uniform supplies for the years 2003, 2004 and 200S. 1bey are the only vendor we lave found, be said, that can provide all of the emergency and non-emergency uniforms that lbe City mes. Mayor Bradshaw asked if there were any questiom. 1bere were none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 76, SERIES OF 2002, RESOLUTION NO . 76, SERIES OF 2002 A RESOLUTION AUTHORIZING THE EXTENSION OF A UNIFORM SUPPLY CONTRACT INSTEAD OF THE COMPETmVE BID PROCESS UNDER SECTION 116 (b) OF 11IE HOME RULE CHARTER AND SECTION 4-1-3 OF THE ENGLEWOOD MUNICIPAL CODE 2000. Vote results: Ayes : Nays : Abstain : Absent: Motion carried . Council Members Moore , Garrett, Wolosyn, Gruulis, Bradsbaw None Council Member Nabbolz Council Member Yun:hick Council Member Nabbolz explained that she abstained from votin1 because she ii relaled to the Neve's and felt 11 would be a conflict of interest. Mayor Bradshaw thanked Ms . Nabbolz for her explanation. (ii) Senior Planner Graham pmented a recomnendetian from die CoaPmnity De velopment Deputmem to adopt a resolutioo alllhonzin1 usipamll ofEll&lewood'• 2002 Pri..- Enalewood City Council July 15, 2002 Paae 7 Activity Bond Cap Allocation to the Colorado Housing and Finance Authority. This item, he explained, is a follow-up to the February 11 111 Council Study Session where representatives of the Colorado Housing and Finance Authority presented a range of programs, that they were able to offer, with benefi11 for Enatewood residents and businasea. We alao have provided information, in the put, on Metro Mayon' Caucus programs, which were an alternative uae for the bond cap. Both ofpropama, the Metro Mayon' program and the CHF A program, have provided housing financiDg. I think Council's diRction, at the time of the February meeting, was to work with CHF A if an alternative uae of the bond cap didn't come forward by the July meeting . Mr. Graham stated that the bond cap reverts to the State in September, ifno action is taken. So, he said, this action tonight, of passing this resolution, would reserve the bond cap for uae in Englewood to provide home ownership programs. Mayor Bradabaw asked if there were any questions. There were none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (U) -RESOLUTION NO. 77, SERIES OF 2002. RESOLUTION NO. 77, SERIES OF 2002 A RESOLUTION AUTHORIZING ASSIGNMENT TO THE COLORADO HOUSING AND FINANCE AUTHORITY OF A PRIVATE ACTIVITY BOND ALLOCATION OF THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT . Voter•ulll: Ayes : Nays: Absent: Motion carried. 12. General Dlscu.ulon (a) Mayor's Choice Council Membera Nabholz, Moore, Garrett, Woloayn, Gnzulis, Bradabaw None Council Medler Yun:bick (i) Mayor Bradabaw said I included a dnft reaolutioa, wbicb baa aince "- revised, in your pac!cet on the RTD ballot meuure . She uked if Mr. F1abeny would speak OD tblt. Acting City Manager Flaherty said what I think tbe Mayon' Caucus is requesting, is for tbe tDlllic:ipalities in the RTD district to prepare reaolutiona to support the RTD ballot 1111111uro. However, I believe this resolution is still in process . Mayor Bradabaw said ya it is . Mr. F1aberty advised that when it is completed, and meets the approval of the Mayon' Caucua, then we will brio& it back to Council. Mayor Bradshaw noted it is just a heads up, for Council's infom.tion. (ii) Mayor Bradabaw said she wanted to brio& aaolber item up to staff. Remember, she said, in 1998 we changed the definition of a family, reprdiq the people who could inhibit a buiJdina. And I remember, she said, that Council Medler Wau-said this is &ODIi to cause all kinda of problems . Well, I bate to admit that Kella W...-r was riahl, but I think be was on this poim. ljlllt wonder if the new funily definition hurt code enforcement and zonina ~ bec:aUle I tbillk you can have six unrelated people liviDg in a household ... or eipt ... alld they each drive a c:ar, dill ia lix to eipl can . I would like an answer back from Connuaity Developlmat. she said, OD die IICtUal--. oflbll and the ramifications of people bavina extra cars . 8-, my coacera ia that I think ewrybody in Englewood, at one point, wu allowed two OIMlnet pukina placa. Well now people have DIIIOr hoam, boats , recreation velucles ... any number of Olhar tbinp. We end up havilljg pukiq Iola all up ud dowa our streets . And, she noted. when you c:o-uound a comer your vision c:aa be lllribly impaired ud I Enzlewood City Council July 15, 2002 Page 8 think it puts our kids at risk. The other thing is that I think if people have a lot of vehicles, then they should probably be able to screen them from the front of their property and not with the blue tarp. That, she pointed out, is another pet peeve I have, the blue tarp. They say they will cover it, but why not use a green tarp? Anyway, that is a whole other issue . But I think, she said, that might be related to some of our parking issues too, that it might go back to the family definition that we pused and I would like to have us revisit that. Mayor Bradshaw asked if there were any questions on that, if that makes SCDIC. I do remember when we did that and, at the time, I thought it was a good idea, but now I'm not sure if it was. We can always change our mind, she noted. (iii) Mayor Bradshaw said the other issue she would like to bring up is the Skerritt House. I don't know if Council is comfortable talking about it at this point or not, she said. Council Member Grazulis said I would like to put together a tour of the Skerritt House with the Englewood Historical Society, perhaps with someone from the Colorado Historical Society and our City people. Then we can walk through it together, discuss it together and take a look at it together. It ia just my own personal suggestion, she said, that we temporarily put the demolisbment of the Skerritt House on bold to try to work out something. Perhaps we could have Ginny Steele try to put together some more ideas of bow to procure this money that seems to be floating around, but is not coming to stick at the Skerritt House . There is all this talk about all this money, she said. Mayor Bradshaw said there arc promises of a lot of money. Ms . Grazulis said that is right and if we could get some of it stick to the Skerritt House it would go a lot funhcr than saying it is here, as it is not really here until we 11et it in our hands. Maybe that would help convince us to go one way or the other, she said, and explore some of the possibilities. And also, that landscaping should probably be cared for . Mayor Bradshaw said City properties should be maintained, there's no cxcusc. Ms . Grazulis agreed. She said these were just some of her ideas . Council Member Wolosyn said I would like to say that the issue is biger than just the restoration of the building. I mean, it is a bi111cr responsibility than just a dollan thin&-Historic pmcrvalioa involves education, she said, I would say it is almost like a nueum buiJdina. I looked at some of the old discussions, which addressed the fact that we could never 111e the second floor bccauae of the narrow staircases and we would have to make the doors, on the fint floo,;, wider. We could-. feuibly, have a business there and I also don't think the location lends i11elf to even a non-profit. There wu a COIIIIIICIII that it might have made a really good livin& history farm. She noted that that is a really bit commitmelll to make to a piece of property. That is really why we have been clngina our feet, bccauae we bow that it is bigger than just fixing it and I don't know that our 11ovemmrnt bas the raourc:ea to be ID hilloric: preservationist. It is bard for me to say that, but I have to say that She opined lbat the idea of llkiDa a tour is great, but that we should all talk together about this , because it is a b11 thin&-I beard a thin& oa public radio on Saturday, on Colorado Matters , that Lakewood bas their 20• Century Livina History Mmeum, which is a bunch of buildings they have been buying from throughout the State, that they are llllkina a commitment to restore . I just don 't know if that is one of our functions 111 full service City . I think that will ultimately be what we, painfully, must decide, she said . Ma yor Bradshaw said I want to know where the S600,000.00 is 11oina to come from with our c:unent budget shortfall in thcCity . I love these 11 • hour appeals, she said, that come 1C1011 e-imil and I'm Iliff you all have copies of my terse response to that. My concern is where bas Mr . Wolfe bin and bow c:ome all of a sudden he shows up July 3ril and can quote everythina and misquole some tbinp. So, .i. said, 11 far as I am concerned it is whatever the Council wanll to do. I lhouahf -made a very prudem 111d thorough investigation and we did make a decision . We did apee IO 11ve the arcbilec:tunl r.a-and other significant features . Now, what I helir experu sayina II lbat we aoc bad ~ Is dlll lNf? D1d we hire a contractor that then goes out and tells other people that lua recommendation isn 't npr? I • • En&lewood City Council July 15, 2002 Page9 mean this is why it is so damn confusing to me, she said, I don't undentand it I thought we made a decision. Council Member Garrett said I do think that we weighed a lot of issues that you raised and I can tell you when we were first looking at it we were told that the building itself did not really have any historical significance, other than the fact that someone lived there. That it wu a hodge-podge of different things and we couldn't tell when different additions were put on and no one could really go back and say what the original structure wu. That wu the information we received and so this is different. I am concerned, because we also had some preservation issues, in just even boarding it up, that we had to get through and that is one reason we were rushing to get things done before winter sets in. If we need to delay, he said, my recommmdation is that the delay be very ahon. Whatever information and input that you would like to have, with the tour and whatever, lets do that very quickly. And then we will reconvene to see ifwe need to reevaluate the situation. I mean, he said, I haven't heard anything that would lead me to want to change my mind. Mayor Bradshaw said nor have I. Ms. Wray, from the audience, asked to speak. Mayor Bradshaw advised her that the public speaking part of the meeting was over. Council Member Moore said he would just like to reiterate that, on the financial side of it, the filnds that ue mentioned in this letter were not presented to us. Our dec:ision wu based on what this is going to cost versus what is fair to our citizens. So again, he said, if the money is out there, we were not made awue of it. Council Member Nabholz said, u Mr. Moore said, iftbe IDDIICY is out there lets get it toptber, !eta have our tour quickly and see what we have . It wu very difficult for me to say lets demolilh that So if there is something out there, she said, that would be my last hope and prayer ... you never know. Mayor Bradshaw said I would strongly suggest that we get information &om Rod L Wheaton, who seema to have a lot of answers and I would also suggest we get some answers &om Mark Wolfe, who IUddcnly is very interested in what is going on here. I would alao, she said, encourage the Enalewood Hiatorica1 Society to get their ducks lined up, becauae the last time we bailed lbe Englewood Historical Society out, it cost us three hundred and some thousand dollan. I undenlllld it is difficult, but by lbe token we haven't heard &om any of you guys and then all of a sudden we mala: a deciaion, based on lbe information we have, and then there is a small uproar. So that would hi! my direction to staff, she said. Council Member Wolosyn said .. I would also say that I am probably goin& to take into consideration some of the comments I heard tonight about historic preservation. Perblpa you can't put all your raourcea iDlo what may not end up being the most significant Mayor Bradshaw agreed . In a lot of-ys, she said, I am more concerned about our post office going away. (b) Council Members' Choice (i) Council Member Nabholz : I. She said she would like to say thank you to the police depanment for finally gettin& involved with Mr. Widgery and his collection of items. It took them four trucks on a Saturday for Officer Medina and some young men to load that up, so I want to thank them for that. 2. She said I spoke to the Impact Team about 3015 South Cherokee. It looks like a paint booth, it is part of an old house and it has a long black, plastic section with a s~ cooler in the middle and then the rest of it is like the back of an old house. So the impact team is very familiar with lbem. abe Kid, but I would just like a follow-up u to what is ta1an& place there . En&lewoocl City Council July l!I, 2002 P11e 10 3. She said the Laundromat at Logan and old Hampden, Soaps Up, is a hazard. They have hanging wires, there were little kids hanging on the wires, and they have broken wasben and dryers that have been pulled out. I don't know whether Lance Smith needs to check on this oue or not, she said, but this is a dangerous place. (ii) Council Member Moore: I. He said be needed to return a call to the rmdent that lives at 285 and Emmon and had the property in question. Her message, be said, seemed to indicate that there baa been some City action in terms of gettin& back to her. I would just lib to know what that is before I call her back. So, be said, if I could find out about that that would be great. 2. He said be just wanted to address the letter in Council's packet fromLuAnne Mickelsonreprding retiree health benefits. I think we had to deal with this issue earlier, be said. Before we had this problem, where we couldn't find a medical provider to cover this group of people, what was the cost expectation for the employee and for the City and what is that now, be asked. Mayor Bradshaw asked ifbe wanted the cost expectation when she retired in 1995 . Council Member Moore said the last year of coverage might be representative. And then, Mayor Bradshaw said, what their expectation was. Cowicil Member Moore said be is trying to better UDderstand why we backed off of providin& coveraae to this group. I feel like I might be missing somethina or forgettiq a prior discussion. but it looks like this is a group of people who made a decision to retire and once they are in reti.euent, the game is cbangina. Mayor Bradshaw said I agree and not only that but we have the documemation of what was handed out to that group, at that time, and I think there is a responsibility there. Council Member Moore asked if we had already made a decision, as a CO\DICil, that we were accepting this decision. Mayor Bradshaw said we talked about it as a Council. Council Member Moore asked what it would take for us to revisit this in more detail. Mayor Bradshaw said you just have to ask. Council Member Moore said okay, then I am asJrin&. {iii) Cowicil Member Garrett : I . He advised that last night there was a concen here, a woaderful concert put on by the Library. Thank you very much, he said. I talked to Hank Lona a linle bit this afternoon about some possible publicny . It was not a robust crowd, but it was an enrhuaiastic crowd. OD the record, be said, I would lib to thank Mile Hi&h Coffee . It was a warm evenina and they broupl over a whole buket f\111 of water for the crowd and it was free . Mayor Bradshaw said there was no cbarae, they just had it there . Coun cil Member Garren said yes, they just sat it there and said if you need Wller,juat take it. It wu about 93 or 94 degrees when it staned, so that was very mucb apprecwed by the crowd. It wu a bemtiful NaiDa and JUSt very enjoyable , he said, so thanks a lot • • En&lewood City Council July 15, 2002 Pace 11 2. He said, u we all know, our Parks and Recreation group is up for ID award. They are one of four finalists . They are seeking someone from the Parks and Recteation Commilsion and, also, someone from City Council to go to Tampa when the award is IIDIIOUDCed. I serve two roles, be said, so I would be willing to go and I would uk if that would be okay with the Council for me to pursue that Mayor Bradshaw said yes, absolutely. Council Member Garrett said when I get the information on registration and all that kind of stuff I will be back. 3. He said I received a letter, and I know at leut one other Council penon who also received a letter, from a church celebrating their so• anniversary in Englewood. They would lib ID appropriate recognition of that. I don't know whether this Council would have a problem or not have a problem in recopizina ID institution that bu been around for SO years with a pn,clanation of some aort. Mayor Bradshaw said I think we should. 4 . He noted we have been presented a proposal and be asked wbetbcr Council would want ID discuss it this evening, as the Parks and Recreation Commission will not have the opponunity. Mayor Bradshaw said I think we need to deal with it then. Council Member Garrett said I know that historically, since I have been on Council, what we have done is that we haven't really waived fees at the golf course, but the City bu taken certain lpOIIIOrlbipl and purchased a foursome or whatnot We are doing it this week with the Chamber and we also have done it with Keep Englewood Beautiful. Whether we want to let that kind ofpncedent or DDt ii up to Council, be said, but I know we have done that in the put. Mayor Bradshaw asked what Council's feeling is oa that Council Member Wolotyn said I think we need ID look into the other spomonbipl we lave a alao wbl! kinds of lpOIIICll1hips we have. Do we have bole lpOIIIOl'lbipl 111d tbal ICll1 of tbiDg dllt would help defray costs? I think if we start letting a prececlent. Ille said, it could pt out of bud. Mayor Bradshaw agreed. even though it is the Eqlewood lodp 111d the ~ ICboola. Ms . Wolosyn said I don't feel that I can speak for tbe Pub Depm--... If Jenell Blac:k wu hire I would feel more comfortable. She noted that it is ID Enterprile Flllld. Mayor Bradshaw asked if we could get ID answer back from ltaff on pou1ble tbinp dllt would -1t, things that we could do and we could decide next Monday, at Malley. Acting Ciry Manager Flaherty said okay. Mayor Bradshaw advised that Council's Study Sessioa next Monday will be II the Malley C... Council Member Garrett asked that Mr. Brewer provide III with information reprdina tbe ._ _. other information on other types ofthinp that people spomor. (iv) COUDCil Member Wololyn: I . She said she would lib to complimeul tbe City on the David Taylor Concert lut week. I tboupl we had a wondrrful turnout and I tboupt dllt Amy Doe, and Ila NII ol Ila 111ft hlJpld Dnid pal• a great show. 1 want to urae everyone to come ow, for what I hope will be IDOdier peat show, !Ilia Saturday. It will be David Taylor again ... Up COM and M111ical and a lipliaa show. It will alao fllllme a vlrilcy of En1lewood City Council July 1 s, 2002 Pase 12 music, from classical to the debut of a piece by a Colorado musician named Gregory Walker, who teaches on the Auraria Campus. So we will have swprises for all ofus, she said. 2. She said she appreciates Stu Fonda for continuing to work with the community. I hope we can use this to leverage with Denver for a really great long-term solution. Stu Fonda said I will be on the phone with them tomorrow. (v) Council Member Grazulis: 1. She said she regretfully has to let Council know that she will not be here next Monday. I have been called out of town with John for a family emeraency . 2. She said I also beard that the fireworks were quite popular, c:onaicleriq there wu not a whole lot going on in the area. Half my family wu here, u I wu out of state then, also. They said they tried to get u close as they could, and it wasn't very close, but they had a good time anyway. 3. She uked when the next Centennial meeting will be held. Acting City Manager Flaherty advised it will be held Aupat ..,. . Mayor Bradshaw and Director Long advised that Legacy has a committee meeting this Wednesday . Acting City Manaaer Flaherty noted the Program Committee will meet on the 25* of July and Lepcy ii this week. Mayor Bradshaw said we will talk about the Sbrritt Houae at Lepcy. 4. She said she still has her report comiq from CML. I have hem out of to-a lot lalely, but I will get it toaetber. One of the things that wu memioDed wu youlh participation in difCenml c:ilia. We put our youth on certain colllllliuiona, she noted, and then we j1111 a«t of IIIDp there. Odlllr citiCI IO beyond with their youth and they even have a position to lit on Council every aiqle -k and tbey take it from there and they take it funber inlD their schools. I dloupt we miabl WIIII tbink about taldaa it beyaad aome of the commiuions aod lakin& it up to this level of aovernmem, lbe said, bec:aule they only pt 10 a cenain point and then we slOp . Mayor Bradshaw said Susan Thornton shared with me that Littleton has a youth conmieaion dial cllllla with all issues involving youth and they are advisory to Council. Maybe that is die dim:lioa -mild ao, rather than all oftbeae liaisons . Mayor Bradshaw asked Actina City Manaaer Flaberty to set a bold of that information from Susan Thornton. Mr. Flaherty said be would. Council Member Grazulis said that was just one of the things I learned by altendina thole meetinp at CML. S. She asked if there ii a possibility of comin& up with an old hil1Drical -tor Iba aqualic park. perhaps a contest to name the new park. Since it really doesn't have a -ocher dlan die aqualic park at Belleview. Mayor Bradshaw said, on Saturday , Olp Wolosyn, Dou& Garrett, John Moore and I went to die Splash. If you haven 't heard of it, the Splash is located up in Golden and it is iDcredible . SIie DOlld dial oun will be three times the size of that one . Counc il Member Grazulis said she bard that they bad a fine tina. Enpewood City Council July 1!1, 2002 P11e 13 Mayor Bradshaw said it wu pretty exciting ... it wu great. I wu wondering about a naming contest for it, because I love the idea that when someone uks where you are going and you say the Splash, people know where that is . 6. She said this lut Sunday there wu quite I to do It Iuon Plrlt. It wu the Iuon Pule Social Club get-together. I must say, there were a lot of dogs and people there and I have never aeen so IIIIDY clogs together, getting along so well. I counted approximately 70 clogs and twice that IIIIDY people. There were a lot of c:ontests and there W11 a good time bad by one 11111 all. It wu bot, but it wu &ood- Mayor Bradabaw said she would like to thank the Parb Deputment for their help with dw. Dave Lee showed up and Tom Munda even showed up and it WU on a Sunday. She thanked Mr. Munda. It wu really • good event, she said. 7. She said I really Wlllt to make sure that the Englewood Historical Society is going to stick with this and use evtry bit of influence they might have to get some of the answers to the problems that we seem to have come up with. • •••• Council Member Nabholz said the wooden gate on Galapago, that the fire trucks are supposed to Ille to come through, is flopping back and forth. 13. City M1n11er'1 Report (a) Acting City Manager Flaberty said we received a letter today from Mary White at Swedish Hospital and they are meetiJI& with the State EmerJcncy Medical and T-Advilory Council on the 2s• to present their cue on the Level 1 Tl'IIIIDI c.tificalioa that they are requatina. Tbey ue asking the City to provide them with a letter of support Pauletta Puncerelli will work OD that letter, he said, assumin& CoUDCil directs me to have that lener pnpued. Mayor Bradabaw said I think we need to. In response to CoUDCil Member Garrett, ActiDa City Mampr Flabeny adviled dial the meetiDa ii OIi the 2s•, so we have to get it there before then. We can cenaillly have a k1llr in the pacbt. be said, dial p,e1 out on Thursday. Council Member Garrett asked if it would be more forceful to just have the Mayor sign it or all ofua. I think tlus is important, he said . Mayor Bradshaw said I think we should all si&n it. Council concurred . Acting City Manager Flaberty said we can make anuaements, after the letter is drafted and preparecl. to have Council memben come in and sip. Council Member Moore said when she visited us awhile back she said she would follow-up and let me know a little bi1 about the helicopm traffic . Mayor Bradshaw said we tallted to her about that, about the routes . Council Mtmber Moore said I know we couldn't put any,hina formal in place, but I am assumin& Tl'IUIDI I 1s going to 111Crease the helicopcer traffic . Enpewood City Council July 15, 2002 P11e 14 CoUDCil Member Garrett said my recollection is that sbc said it is not going to iDcreue it significantly. That there wouldn 't be that many differences u it is a Trauma 2 already. That, be said, ii bow I recall that she responded to your specific: question. Mayor Bradsbaw stated the problem is that they are suppoaed to follow fliaht pallmlS. 8asically, they are supposed to follow 285 into Swedish. CoUDCil Member Moore said I uaume I am speakina for lbe raidentl in that area, that the bclicopler llaftic is substantial and wben they don't fly over 285 it ii very disturbin&, Tbil is an important tbin&, but it would be nice to get a reconnitment to that. Mayor Bradshaw said she thought a letter from CoUDCil Member Moore, u that district's aepreselllltivc, would mean sometbin1 . You could have Leigh Ann Hoffhines put one lllgetber for you. Mr. Moore said that would be peat. Mayor Bradshaw told Mr. Flabcrty to go ahead and have lbe lcam prepared and dim COUDCil will come by and sign it Just let us know wben, a said. Acting City Manapr Flaherty said okay, that be would have Sue Bradsbaw advise Council when that letter ii prcpued. (b) Acting City Manager Flaherty uid be wu advised by the City of Littleton that the Tri- Cities mectinl, tentatively 1ebeduled for July 2ft', bas been posq,oned and ii will be held the following Friday, August 2..i al 7:30 a .an. al the Littleton City Hall . Mayor Bradsbaw said I won't be tbeae . Mr. F1abcrty asked if we would lave repraemlives. Mayor Bradsbaw said Julie Grazulia and Olp Wololyn will atllDd. ••••• Mayor Bradsbaw noted that City Manqer Scan is in Eumpc OIi vacatioa with bis &mily -1 Ac:tina City Manager Flabcrty is doing an ncellem job. 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring bcfon: CoUDCiL 15. Adjournment RADSHA W MOVED TO ADJOURN . Tbe meetina adjoumed II 8:42 p.m. PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED VISITORS AUGUST 5, 2002 NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF~ MINUTES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME ~ TOPIC CCS1GN1 PROCLAMATION WHEREAS. the National Association of Town Watch (NATW) is sponsoring a unique nationwide crime, drug and violence prevention program called National Night Out on August 6 , 2002 ; and WHEREAS. the 19th Annual National Night Out provides a unique opportunity for the City of Englewood, Colorado to join forces with thousands of other communities across the country in promoting cooperative police-community crime prevention efl'orts; and WHEREAS, the residential and business communities play vital roles in assisting the Englewood Department of Safety Services in its joint crime, drug and violence prevention efforts in Englewood, Colorado by supporting National Night Out locall); and WHEREAS . it is essential that all citizens of Englewood be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drugs and violence in the Englewood area ; and WHEREAS, this crime prevention program is designed to heighten the awareness of crime , drugs and violence prevention, generate support for anti-crime programs, and to strengthen police/community relations ; and WHEREAS, the police-community partnerships, neighborhood safety, awarene88 and cooperation are important themes of the "National Night Out • program: NOW THEREFORE, l. Beverly J . Bradshaw. Mayor of the City of Englewood, Colorado, hereby proclaim Tuesday, Aurust 6, 2002 as: NATIONAL NIGHT OUT in the City of Englewood . Colorado and urge all Englewood citizens to support the "19th Annual National Night Out" program by getting to know your neighbors and sending a me ssage to criminals that the neighborhoods in the City of Englewood are organized a nd fi ghtin g back a gains t crime . GIVEN under my h a nd a nd seal this 5th day of A u gust , 2002. Be verly J . Bradshaw, Mayor t · .. .. ,.. • • -·• • • PROCLAMATION i I ' ~.J r··--,._ ; . l 'J _ __) WHEREAS , the Englewood Wesleyan Church will mark its Fiftieth Anniversary in August of 2002 with a month full of activities and celebrations; and WHEREAS , the Englewood City Council wishes to recognize the Englewood Wesleyan Church on this momentous occasion; and WHEREAS, in the 1960s and 1970s, Englewood Wesleyan Church had some of the largest youth groups in the district; and WHEREAS , two of the members of these youth groups went on to be pastors of their own churches; and WHEREAS, man y of the original founding members of the church are still members of the congregation; and WHEREAS, the Englewood Wesleyan Church is publishing an Anniversary Book in August documenting its history and its congregation; and NOW, THEREFORE , I, Beverly J,. Bradshaw . Mayor of the City of Englewood, Colorado, hereby congratulate the pastor and the congregation of the Englewood Wesleyan Church on the church 's Fiftieth Anniversary and wish the church continued growth and succe ss in th e future . ADOPTED A1 D PPRO ED this s'" dav oi August. 2002 . Be ve rly J. Bradshaw, Mayor 8b ' •· • John J. Robens 3762 South Lincoln Street Engiewood, co 80110 Bryan Damanau 4160 South Acoma Street Englewood. co 80110 DearBryan: cc: Dave Lynn July 17, 2002 JUl 2 .-; 2002 .... , ,, .. ·· ....... _ _..._ ~ ... -,t,,;~ ·.:.: .... : ;... ,;:, .-;...-.... -:" ·1 ~~ .. -L-:-'"' ~.' , .. = ! • 1, -~"-I.J ORDINANCE NO._ SERIES OF 2002 BY AUTHORITY COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE AUTHORIZING AN ·AGREEMENT FOR TEMPORARY LEASE AND/OR RE-DIVERSION OF REUSABLE RETURN FLOWS OF WATER" BETWp:N CENTENNIAL WATER AND SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Eqlewood iD,jectl pnular activated carbon to improve water quality into a f'onbay near Union Awnue and the South Platte Riwr, but the procue creatN blackened water that cannot be directly introduced into the City Ditch b •xcbanps; and WHEREAS, clear water can be excbanpcl up the City Ditch but muat be pumped into the City Ditch from a forebay adjacent to the Allen Filter Plant; and WHEREAS, Eqlewood bu no pump or pipe b pumpinc tbil f'onbay, but Centennial ia agreeing to provide and imtall the pump and pipe at Cant.ennial'• eole expense; and WHEREAS, Centennial Water and Sanitation Dietrict owm reuaable wut.ewat.er return flow• to the South Platte River and the City of Eqlewood baa m-to re- divert tbue flow• at Union Avenue and either uee them or redeliver them to Centennial; and WHEREAS, thia Ordinance authoriae the qreement which would diwrt the ntum f1ow1 and pay Centennial $86.00 an acre-Coot b the now •• plue pumping coata; and WHEREAS, Centennial would acquire all return flowe defflftld to McLeDan Reeervoir that are not acquired by Eqlewood and eball pay Eqlewood '30.00 an acre foot, plue pumping cone; and WHEREAS, the Enclewood Wat.er and Sewer Board NC011UDended approval al .Agreement For Temporary Leue And/Or Re-Diwnion OfReueable Return Flowe Of Water to the Centennial Water and Sanitation Dietrict at ite J\IDII 11, 2002 meetinc; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Tbe Agreement between the City of Enclewood and Centennial Wat.er and Sanitation Dietrict entitled • .Agreement For Temporary Leue AndlOr Re- Diversion Of Reuaable Return Flowe Of Wat.er", ia hereby accepted and appnmtd by the Englewood City Council. A copy of aid .Agreement ia attacbed hereto u "Exhibit A" and incorporated herein by reference . -1- flmtign 2 Tbe Mayor and City Clerk are benby authoriacl to mp and at&eat, reepec:t.ively, the Aid Agreement t'or and on behalf of the City Council and the City of Englewood, Colorado. lntrodu.ced, read in full, and paued on mat readiq on the l&th day of Jw,, I002. PubU.hed u a Bill t'or an Ordinance on the 19th day of July, 2002. Read by £it.le and pUNd on final readiq on the 5th day of Auauat, I002. PubliaW by title u Ordinance No. __. 8eriN of, I002, on thll Mb day of Aa,un. 2002. ATl'BST: Loucriabia A. B1lia, City Ci.rk I, Loucriabia A. B1lia, City Clerk of the City of Bqlewoocl. Colando, berebJ cmify that the above and fonpinc ia a tnla copy of thll Ordinance ,..... CID fiDal neclillc and publiahecl by title u Ordinance No. __. Seriea of 2002. -2- AGREEME~T FOR TE~IPOR..\ltY LEASE A.'ID/OR RE-DIVERSION OF REt:SABLE RETUR.""I FLOWS Of WATER l. lnuoductjon: P;utjes ;ind Purposes. Centennial W:iter and Sanitation District (Centennial) owns reusable return flows to the Soudt Platte River which consist of Centennial' s reusable water discharged by Centennial' s Marcy Gulch wutewater ae:itment plant (the return flows). The City of Englewood (Englewood} has a means to re..Jiven the return flows at Union Avenue. and either retain them for use by Englewood or redeliver same to Centennial . The parties intend that Englewood shall aaempt to divert the return flows, under the circumstances set forth below. and pay Centennial for the return flows if same are retained by Englewood; and that Centennial will pay Englewood for re-directin1 the return flows, if same are redelivered to Centennial. It is anticipated that Englewood will attempt to divert the return flows at its l'nion Avenue pump station. and either use same immediately in its Allen Tre:wnent Plant. or exchange same up City Ditch to :Vlcl.:llan reservoir. in Englewood's discretion. Therefore. the parties have agreed as follows . 2. Ci:ncennial to Give '.'iotice of Avajlabjlitv: Englewood Response . Centennial will advise Englewood. on a daily basis. of the amount of available return flows at Englewood's Union Avenue pump station . Englewood will advise CenteMial. on a dally buis. of available return tlows Englewood will not be diverting . 3. Englewood IQ .l,1tempt IQ Qjven:. Englewood will make reasonable effons 10 lawfully divert the return flows ac its Union Avenue pump sution. Englewood shall have no oblig:ition 10 divert: a) if diversion would impair the necessary quality of water introduced into Eng1ewood' s water creatment plant or inuoduced inro City Ditch for ,:~change. as detennined in Englewood's sole discretion; b) except to the extent that Englewood determines 10 use the rerum flows immediately in its Allen Treaanent Plant. plus the c~change capacity in City O,cch: c) 10 the i:.,iem that the capacity in Englewood's pumping system after supplying Englewood 's demand is less than all of the available return flows. Englewood shall have no obliga11on 10 use the rerum flows immediately in its Allen Treaanent Plant. Wbi1e Englewood shall make reasonable c:ffons to divert the rerum flows. the parties recognize that various factors may make diversion improi.:ttc:il. and Englewood shall have no liability to Centennial for failure to divert . Englewood will account for return flows diverted at its Union Avenue pump station . ~-Englc:wood 10 fachange yp Cicv Ditch . Englc:wood will make reason:ible c:ffons to exchange the diverted return flows up City Disch and into McLi:lkin Re servoir. via the pump ita!lon from City Ditch to Mclellan Reservoir. A 5. Englewood', Option to Acquire Return Aows Delivered to McLeUan Reservoir. Englewood will account for the return flows delivered by exchange to Mclellan Reservoir. Englewood will have the option to acquire the return flows delivered to Mcl.ellan Reservoir (and Englewood will acquire any return flows used immediately in Englewood's Allen Tre:wnent Plant). Within four days after the end of e:ich week (ending SanmJay at midnight) Englewood will notify Centennial if it wishes to acquire all of the return flows delivered to Mcl.ellan during that week. Englewood will pay Centennial S8S per 3CTe foot for 311 of the return flows which it acquires, and pay the pumping costs associated with those return flows. Rerum flows so acquired by Englewood shall be treated :is Englewood's war.er for all purposes. and may be used by Englewood or delivered to Centennial under 3riy agreement between Englewood and Centennial .. Return flows delivered to Mc:Lellan :is to which Englewood does not give such notice shall belong to Centennial. 6. Centennial''> Payment for Return Aows ,:\cgujred bv Centennial. Centennial shall :icquire all return flows delivered to Mclellan Reservoir that are not acquired by Englewood. C.:ntennial shall pay Englewood S30 per :icre foot of return tlows acquired by Centennial. plus ail pumping costs :issociated with delivery of those return flows to '.\llc:Lellan Reservoir. 7. Temporary Pumping F:icilities from the Forebav Reservoir :-.re:1:t to the :\Hen Treaanent Plant. Englewood cum:ntly injects granular :ictiv:ited c:irbon (GAC) into the forebay :idjacent to the South Platte River. from which Englewood's t:nion :\venue pumping swion pumps water to the Allen Treatment Plant facilities. (The PAC is injected because of the current severe quality problems in the South Pl:itte River.) The water containing the GAC is bl:ickened in color :md therefore cannot be directly introduced into City Ditch for exchange purposes. Therefore. a substitute supply of ..:lear water to be exchanged up City Ditch must be pumped into City Ditch ~m a forebay reservoir adjacent to the :\lien Treatment Plant (not to be confused with the forebay at the riverJ. (Pumping of this substitute supply will be unnecessary if the GAC injection at the river forebay should cease .) Englewood has no pump :md pipe to :ic::omplish the pumping of this substitute supply from the forebay reservoir. Centennial will provide and install such a pump md pipe. and hook it up to a power source. at Centennial' s sole e:tpense. Englewood md Centennial will cooperate in detennining the location. nature and installation of the pump and pipe. At the end of this agreement. Centennial will remove the pump. pipe and power hookup at Centennial's sole expense. unless the parties otherwise agree. Centennial will restore any exc:ivation or alteration of the forebay :ind surrounding :ireas. at Centennial' j sole expense . 8. Pumping Costs . Englewood will reasonably determine pumping costs. which :ire to include power, <>«her oper:ition costs. and maintenance . 2 9 . Termination. Either Englewood or Centennial may tenninate this agreement after S days written notice to the other party. If not so termin&led. this agreement will terminate at the sooner of October 31, 2002. or the cessation of flows in City Ditch below the Allen Treatment Plant. whichever sooner occun. unless the parties otherwise agree. 10. Payment. Englewood ~ll account for deliveries. Englewood will pay Centennial for mum flows acquired by Enpwood within 30 days after the end of the month durin1 which particular deliveries were made to Englewood. Centennial will pay Englewood within 30 days after the end of the monlh during which particular deliveries were made to Centennial. 11. swe Engineer. Centennial will be responsible for any necessmy notice to the State Engineer's office. assuring the Swe Engineer's office that its return flows :ire indeed reusable and divertible by Englewood. :ind reporting to the State Engineer· s offi~. in cooperation with Englewood. 12. Qs. This agreement is dared as of the ___ day of _____ _. 2002. CITY OF elGLEWOOD By, ______________ _ ~'IITE.'lNIAL WATER. AND SA.'IU A TION DISTRICT COUNCIL COMMUNICATION Date A1endaltem Subject August 5, 2002 10c i Collective Bargaining Agreement Betwef!ll the City and lhe EFFA for 2003 and 2004 Initiated By Staff Source Human Resources Department Sue Eaton, Director of Human Resources COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The previous Collective Bargaining Agreement with the Englewood Fire Fighters Association was approved by Council for 2001 and 2002. RECOMMENDED ACTION Staff requests Council approval of the Collective Bargaining Agreement between the Enafewood Fire Fighters Association and the City of Englewood for the years 2003 and 2004. The contract covers approximately 45 employees. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRED The City of Englewood and the Englewood Fire Fighters Association entered into negotiations in May of 2002 in accordance with the City of Englewood Charter. The members of the Enafewood Are Aghten Association duly ratified, by a majority vote, the Collective Bargaining Agreement The significant changes to the contract are as follows : 1. Employees covered by the Contract will receive a four and one-half percent (4.5%) increase over the 2002 base wage rate, effective January 1, 2003 . 2. The duration of the contract is two years, but wages and benefits for 2004 will be negotiated in 2003 . 3. A change in procedure for calculating overtime to comply with FLSA requ irements wil be implemented. 4 . A new job classification, Firemedic Ill, has been added. FINANCIAL IMPACT The impact of the salary increase on wage!i is appro,cimately $72,287 for 2003. The cost for the change in procedure for overtime calculation is approximately $39,838. The additional costs associated with the $112, l 25 (Medicare and Pension match) are $10,595, for a total of $122,720. UST OF ATTACHMENTS EFFA Collective Bargaining Agreement for 2003and 2004. ,. lO C,.. I RESOLUTION NO._ SERIES OF 2002 A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL NO. 1736 AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY 1, 2003 THROUGH DECEMBER 31, 2004. WHEREAS, the Enalewoocl City Council autbomed the Collec:tift Barpining Contract between the Eqlewoocl Finfichten Local No. 1736 and the City al Enc)ewoocl for the yean 2001 and 2002, by the p-p of Rnolution 52, SeriN of 2000; and WHEREAS, the Eqlewoocl City Council audioriaed the CoUec:tmi Barpinin, Contract between the Eqlewoocl Fireficbten Local No. 1736 and the City of Eqlewoocl for the yean 1999 and 2000, by the p-p of Rnolution 107, SeriN of 1998; and WHEREAS, the City of Eqlewoocl and the Bqlewoocl Firefichten Local No. 1736 entered into nqotiatioDI in May, 2002 in accordanee with the Eqlewoocl City Home Rule Charter; and WHEREAS, the memben of the Eqlewoocl Firefichten Local No. 1736 duly ratified, by a majority of the memben, the Collec:tive Barpining Contract; and WHEREAS, lipificant c:banpa to the Contract an u f'ollowa: (1) Employw CIJffred by the Contract will receive a four and one-half percent (4 .6'6) increue over the 2002 bue wap rate, effective January l , 2003. (2) The duration of the Contract ia two yean, but wapa and benefita for the year 2004 will be nepiated in 2003. (3) A cbanp in procedure for ca1culatiq overtime to comply with FLSA requinmenta will be implemented. (4) A new job clauification, Firemedic m, bu been added. NOW, THEREFORE, BE IT RBSOLVED BY THE CITY COUNCU.. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 5e<;tion 1. The City Council of the City of Enpwoocl, Colorado benby approwe the Collective Barpinins Contract. between the Enclewood Finfichtera Local No. 1738 and the City of Enslewoocl for the period of January l , 2003 tbrouth December 31, 2004, attached hereto u Exhibit A. $ect,jon 2. The Mayor and the City Clerk are hereby autboriwl to lip and atteet the Collective Barpini.ng Contract between the EnJlewoocl Fireficbten Local No. 1736 and the City of Enslewoocl, Colorado, for the yeare of 2003 and 2004. ADOPTED AND APPROVED thia 16th of July, 2002. ATTEST: BfferlyJ.Bradabaw,Mayor Loucriabia A. Ellia, City Clerk I, Loucriabia A. B1lia, City Clark fm die Civ afBap,waocl. CoiarD, ha9b, certifr die above ia a true ClDPJ of Reaoludon No._, SeriN of IOOI. COLLECTIVE BARGAINlNG CONTRACT BETWEEN THE ENGLEWOOD FlllEFIGHTERS LOCAL 1736 AND THE CITY OF ENGLEWOOD FOR THE YEARS 2003 AND 2004 INDEX ARTICLE RECOGNITION P:ap 3 ARTICLE 2 EMPLOYEE RIGHTS Pase 4 ARTICLE 3 BULLETIN BOARDS P:a.ge S ARTICLE 4 DUES DEDUCTION Pap6 ARTICLE s RULES AND REGULATIONS Pap7 ARTICLE 6 DURATION OF CONTRACT P.198 ARTICLE 7 HOURS OF WORK ~9 ARTICLE 8 COMPENSATION P9lO ARTICLE 9 OVERTIME P912 ARTICLE 10 ACTING PAY Papl4 ARTICLE 11 ANNUAL LEA VE PaplS ARTICLE 12 PERSONAL LEA VE h1Fl6 ARTICLE 13 DISABlLITY -TEMPORARY Papl7 (SHORT TERM DISABILITY -STD) ARTICLE 14 WORKERS' COMPENSATION P1Fl9 ARTICLE 15 MIUT ARY LEAVE Pap20 ARTICLE 16 FUNERAL LEA VE Papll ARTICLE 17 JURY DUTY AND WITNESS SERVICE , .. 22 ARTICLE 18 HOLIDAYS P-.23 ARTICLE 19 VOTING LEA VE , .. 2, ARTICLE 20 TRADING TIME Pap25 ARTICLE 21 UNPAID LEAVES OF ABSENCE Plat26 INDEX (CONTINUED) ARTICLE 22 UNIFORMS Pqe27 ARTICLE 23 Mll.EAGE REIMBURSEMENT P•28 ARTICLE 24 INSURANCE P•29 ARTICLE 25 LIFE INSURANCE Plp30 ARTICLE 26 RETIREE HEAL TH INSURANCE REIMBURSEMENT Plp31 ARTICLE 27 LAYOFF Pap32 ARTICLE 28 TUITION REIMBURSEMENT P-.33 ARTICLE 29 SETI'LEMENT OF DISPUTES P1F34 ARTICLE 30 SUPPLIES P937 ARTICLE 31 DRUG TESTING AND PHYSICAL FITNESS PIF31 ARTICLE 32 DEA TH AND DISABILITY ASSESSMENT P939 ARTICLE 33 EXCLUSIVENESS OF CONTRACT P•,40 COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL #1736 AND THE CITY OF ENGLEWOOD FOR THE YEARS 2003 AND 2004 This contract is entered into by and between the City ofEnglewood (baeinafter referred uus the "City") and the Englewood Firefighters (hereinafter referred to u the "Unionj. It is the purpose of this contract to achieve and maintain harmonious relations between dbe City :ind the Union; to provide for equicable and peaceful adjuatment of diJferences which may aria. and to establish proper Sland:uds of wages, houn and other conditions of employment. Except where limited by express provisions elsewhere in this contract, nothing in tf:xis contract shall be consttued to restrict. limit. or impair. the rigbta, powers and authority of the Cityu granted to it under the laws of the United States, the State of Colorado and the City's Cbutcr axl Municipal Code. The rights. powers. and authority include, but are not limited to, the followiJls: A. The detennination of Fire Divilion policy includiq the ript to maaap the affmsof the Fire Division in all respects. 8. The right to assign worlcing houn. including overtime. C. The right to establish. modify or change wort schedules, IIIIIIDing of appaams, amount of apparatuS in the main or reserve Oeet, etc. D. The right to direct the members of the Fire Division includin1 the ri&ht to bin, promote, transfer or discipline or discharge for cause, any fire tipter within the Fare Division. E. The table of orpnization of thc Fire Division includin1 the ri&ht to orgmize md reorganize the Fire Division in any manner it chooses, including the size of the Fire Division and a determination of job classification and r:lllks based upon duties usigned. F. The determination of the safety. health and property protection measure for die 8n: Division. G. The :illoc:ition and assignment ofworlc to all firefiptcn within tbe Fire Divisiaa H. The de1ermin:11ion of policy affecting the selection or trainiq of &refiprcrs. L The schecbding of operations and the detaminltion of the number and duration of hours of auiped duly per week. I. The elllblilbment, discontinuance, moclific:llion and enfim:emeat of Fire Diviaion rules, regulalions and orders. IC.. The tnnsfer of work &om one politioa to anodler within the Fare Division. L The iaarocluction of new, impro"4ardiftinal mllbodl 11111 teclllliqaea of opendon oftbil Fire Oivilioll or a cbanp iD the ailliDa lllllboda 111d tedmiques M. The placing of service, maintmanc:e or acber wort with outside Cubbw:ton or acber apncia of tbe City. N. Thedeferminationoftbenumberofnabllldtbenumberoffirefi ...... witbineacb 0. The determination oftbe amount of supervision my. 2 ARTICLE l. RECOONlTION The City recopized the Union 111 lbe orpniudoa Clrtified pamat ID tbe Cbarter of lbe City ofEqlewood, • the 10le and excllllive collectiw bliipiuma .... tbr ID fbU..dme clwiled Eqlewoocl Fuefipten includia&F"lldpr.er, Driw,.()penlor-Eap..r, F"1161Wdic mlLi-; en The City apees 2hlt it will not deceltity or wflbdaaw rec~ of .. Uaian • a Nllllt of my member oftbo blrpining unit ISViq temponrilyin m llllina ClplCity in a politioa Ollllide ofdle barpioina unit. 3 ARTICLE 2. EMPLOYEE RIGHI'S { A A ftdl-ame classified employee covered by dlil COlllrlct shall bave the ript l. To form. join. support or panicipare in or to mhin &am bmiaa,joining.1Upp011ing or participatins in any employee orpnizaaioa or i1a lawfial acaiwiaa; 111d 2. Bupin collectively through their certified emplo),le 1¥,.adllive. 3. No employee shall be inr.ertered wilb, 111111ined, com:ed or diac:rimimted apimt becaUle ofdae exercise oftbese risbll nor 1111D the riallC ofm indiYidual IIDploylle IIO dilcua employment caacema with dae City be mtiiapd.,.. 4. See Relaaed City Of Englewood Policia: • # 6 Equal Employment Opportuni~ • #47 Violence l'n The Workplace 4 Exhibit! Exbibitn ARTICLE 3. BULLETIN BOARDS/UNION ACTMTY A. The City aarees to provide spacc in cbe fire llllion for Union bullecin boards lblt shall be properly maintained by lbe Union. They are to be Ul-1 for lbe followma notices: 1. Union meetings. 2. Union electiona. J. R.eports of Union commiUea. 4. R.uliap ofpolicia oftbe lallmelioaal Union. 5. Rocntatioml or IOCia1 a8lm oftbe Union. B. The Union aarees that 1bere all be DO odlW ...... dillribuliaa or pcllliaa by die Union or emplo),,ea upoa City property, pnmded, bowcver, tbe Dim:lor of Slflty Services may permit odlfll' material not provided for above at bialber dilcretion to be pclllld or distributed. 1he rnareria1 pol(lld shall not CODlaiD anydwta N8ec:tiaa ...-.ily upoa tbe Caty, myofill employees. or any odlfll' orpaizatioa of City employees. TIie City ...-1bll cludaa waddaa lloln • City pnmi9es mi without lou of pay, Union members may be l11owed to: lll'llld Uniaa -.J/oc manapmcnt mectinp. poat Union noticca, solicit Union mcmbenhip clurina employws aoa-wodt time., and one on-duty repraentalive will be allowed to milt• employee on anev--. or appeals, provided advmce notice ii pven to cbe Director and the work load penaill. TIie City lball provide relief for Union neaoaators who are on duty during scheduled nerdedna swiom. 5 ARTICLE 4. DUES DEDUCTION A. The City apees to deduct the Union dues &om acb bi-woeldy paydlect of those employees who individually request in writing dw such deductions be made. IUbject to 1bc pmisbment laws oftbe State of Colorado. The amounts to be deducted lball be catified to the City Director of Finance and Administrative Services by the Treuurer of the Union. and the aap:pre dodw:tions of all employees shall be remitted ..,.....widl111 itanized ,a.-nca11D the T.-.rby the lSdl of the succeedin1 month. after such deductions are made. The autborizalion shall be revocable durina Ille tenn of Ille Contract. upon a thirty (30) day written nocice by the employee ID the City Director of Finance and Adminiltnlive Services. 8. It is expreuly understood dw the City wumes no liability and lball not be liable filr the collection or payment to the Union of 111y dues durin1 any time that an employee ii DOI ICIUally worlcina fortbe City and actually on the payroll of Ille City. In the event of error on dlecbeckofflill. Ille City will not be raponsible to make adjUSllllenta, until notified by the Treamer of the Uaioa. C. The Union shall indemnify and bold theCitybmnlea apimtanyllldallcllliml.suil. orders or judgment brought or issued against the City as a result of any action taken or not taken by the City under Ille provision of this Article. D. Cblnps in the dues amount to be deducted shall be limited to two (2) dllnps ea:11 yar and provided a thirty (30) day written notice is provided to the City Director ofF'IIIIDCe aad Administrative Services. E. Should the change in the deduction amount or madlod Nqllire a coqNla' programming change. the Union shall be responaible for the COit of such c:blap or cbenps, • $30.00 per hour with a four ( 4) hour maximum. Payment fiom the Union tball be made to the Cay Dire<.1or of Finance and Administr.llive Services widlin ten ( I 0) clays of receipt ofbillmg. 6 .. ARTICLE 5. RULES AND REGULATIONS A. Except as limited by the express terms of this contract, the City retains the risbt to promulgate reasonable Nies. regulations, policies. procedures and dinctiva. Said rules, regulations. policies. procedures and directives which are an allepd violalion of this caaanct sbaU be subject to the grievance procedure. B. The City &pees to consult with the Union concermDI the formulation of changes of rules and regulalions, policies. procedures and duectives. 7 .. ARTICLE 6. DURATION OF CONTRACT A. This contract shall take effect on January 1, 2003 and shall continue in force to and including December 31, 2004, provided that either party may reopen for negotialion Anicles S and 24 only, by giving written notice of intent to negotiate any or all of those articles prior to May IS, 2003. Any such negotiations shall proceed u provided in the City Charter. B. This contract, or any part of it, may be terminated or renegotialed at my time by mutual consent of both parties. C. If any article or section oftbis contract should be held invalid by opendioo oflaw or the District Court, or if compliance with or enfon:cment of-, anic:1e or section lboald be aiilli-i w d by such District Court, the remeiader oftbis COlllnct shall nmain in full fon:e and eftict, lllll lbe parties shall promptly meet and confer for the purpose of attempting to arrive • a muaally satisfactory replacement for such article or section. D. The parties agree and understand that provisions relating to employees covered by mis contract shall in no way displace or modify present or future stalUtOry case law oftbe State ofColondo. E. The pa.ties acknowledge that dwma nepations which resulted in Ibis contract, e:M:h bad the unlimited right and opportunity to make demands and paopouls with aapect to any subject ar'lllllter appropriate for meetings and to confer and have discuuions and that the UDderslandiap and •w.euts arrived at by the parties after this exercise of that right and opportunity are set foatb in mis coamct. 8 ARTICLE 7. HOURS OF WORK A. For those employees assigned to shift work, the work schedule shall normally consist of any average of seventy-two (72) hours of work in nine (9) comecutive days, reoccurring work cycles based on a twenty-four (24) hour alternating bail of Berkley system. B. Employees assigned to non-shift work shall normally be scbeduled for an average of at least forty ( 40) hours of work in seven (7) consecutive day reoccurring work cycles. C. It is specifically understood and agreed that nothing baein shall be collllrUCd u guaranteeing employees a minimum or maximum number ofbolUI per day or per week. D. The schedule maybecbaapd bytbe DirectorofSafetyServicel provided a minimum nine (9) days advance nolice is aivea. Work ICbedules may be cbanpd without advance notice in the case of emergencies as determined by tbe Din:ctor of Safety Services. 9 ARTICLE 8. COMPENSATION A. The salary schedule that becomes effective on January 1, 2003, is as follows, and reflects an increase of 4.5 % over the 2002 salary schedule. Salary for 2004 will be negotiated in 2003. Regular Straight Time How:JyRatc Firefighter (probationary) $13.24 Firefighter m SIS.07 Firefighter ll Sl6.S7 Firefighter I $18.24 Firemedic m $17.33 Firemedic n $19.11 Firemedic I $21.03 Driver/Operator/Engineer $20.05 Lieutenant $22 .06 B. The pay rates identified in Section A. are calculated to provide 1 O'~ separation between each rank from Firefighter m through the rank of Lieutenant The benchmark for this calculation is Firefighter I. FIREMEDICS 1. In addition to their regular hourly wage rate, qualified employees holding a rank of Firefighter (FFL FFII, FFIIl) who are assigned and authorized by the Director of Safety Services to perform on a regular basis Firemedic duties shall receive a 15% wage increase over and above the affected employees' hourly rate. 2 . In addition to their regular hourly wage rate, qualified employees boldin& the position of Driver-Operator-Engineer (D-0-E) who maintain a current paramedic certification (EMT-P) shall receive a 2Yi% wage increase over and above the atfec:ted employees' regular hourly rate. Al.1y D-0-E who is EMT-P certified and ia usiped a a Firemedic: shall receive an hourly rate for :ictual hours worked commensurate with the poaiti.on of Firemedic I. 10 .. t • • C. The methodology used in determining the hourly, premium/overtime and ammal compensation is contained in Appendix A. D. In addition to their regular hourly wage rate, shift fire investiptors usiped IDd authorized by the Director of Safety Services will receive: • $.41 per hour and • shall be eligible for discretionary Merit Pay of up to $600 each year, payable u set forth in Paragraph E (2). E. (1) Each employee appointed by the Director of Safety Services to one of the fbDowiag usipments shall be eligible for Merit Pay in an amount determined by tbe Dimclor. up to a total ofSl,200.00 each year: Hazardous Materials Team Leadcr/lnstruct Technical Rescue Team Lader Safety Education Team Leader or other assipments as determined by tbe Direc:tor of Safety Services after COllllllwioa with the Union. (2) Such Merit Pay shall be awllded in the exen:ile oftbe Director's ditcretiaa. baed upon specific performance criteria developed by tbe Director and made available ID employees. Merit Pay shall be determined and paid semi-ammally, DO later tbaa Jum 1 and December 1 each year. 11 ARTICLE 9. OVERTIME A. Standard Overtime. 1. Upon detennination that the reponing of assigned j>ersoMel to the duty shift is; below the City established level, the call to off-duty persoMel for overtime will be made:. 2. Non-exempt employees covered by this contract working in positions other tham their actual rank are counted in acting capacity. In the event requirements necessi~ positions be filled with actual rank. persoMel of said rank will be ordered in. 3. Non-exempt employees covered by this contract shall receive overtime: compensation for work performed over and above the assigned work schedule. AnYf overtime compensation for training shall be pursuant to the provisions of the Fair I.aboJr Standards Act. All overtime compensation shall be calculated at time and one-half ( 1 Y~> of the employee's regular wage rate. 4. The person working overtime will be paid actual hours worked for that positiom which he/she fills . The method used to select Firefighters to work overtime situations will be contained in procedures published by the Director of Safety Services. The procedures will provide :i fair and equitable distribution of overtime among bargainin!ll unit employees. The procedure will contain a selection process whereby an eligible individual will not forfeit his/her position in the selection process if: less than a twelve.- hour block of time is worked; if the employee is sick oron annual leave; or if this woulai require the employee to work seventy-two (72) consecutive hours, or more. Refusal tmr sickness will be accepted only if the employee was absent the last dUty day due to illnCSE or temporary disability leave. Annual leave is the period of time &om the end of the last day worked until' the employee returns to duty. However, if an employee is on annuail leave. he/she has the option to work on any but his/her own shift. 5. If no off-duty persoMel wish to work. the Shift Commander will order in the firs person he/she contacts following the normal rotation. If the overtime person is not at the assigned station by the begiMing of the shift, the person held over tiom ~ previous sbidt shall be given overtime in quarter('!.) hour increments. 6. If :it any time during the shift the absent ~Mel returns to duty, the officer im charge will relieve the person who came in to work that overtime position. The persom working the overtime will be paid :i minimum of two (2) hours worlced. lfmore than twa, (2) hours are worked.. his:her time will be computed to the nearest next half(Yi) hour:. 7. No one other than the Director of Safety Services, the on-dUty Shift Commandc::, or acting Shift Commander, Union representative, at the request of the employee, widil the employee and management persoMel present, shall have access to or review the overtime cards . Any person not following this policy or found tampering with the file will be subject to disciplinary action by the Director of Safety Services. • • B. Emergency Overtime. l. Emergency overtime is defined u a multi-al.km sin11dion or diluter where mare than normal manning is required and must be authorized by the Director of Safety Services. 2. When non-exempt employees covered by this COalnCt work overtime OD m emqency call back basis. that overtime lball be compullld OD a forty (40) hour duty wNlt waae basis. C. Combined overtime. I. When a non-exempt employee covenicl by tbil COlllnlCt ii working a standad overtime shift and raponds IO m lllla'pDCY wida ocher emplo)'III callod in on emagencyovertime. m'sbcwill becompe; 11211 on lbewwwjiDCyovatime buis during the period of that cmagency. 13 ARTICLE 10. ACTING PAY The following acting positions assigned and authorized by the Dinctor of Safety Services or the Director's designated n:prescntative will be compensated at fWl pay. The employee must be in the position three (3) consecutive shifts before the employee becomes eligible for acting position compensation. Such pay shall be retroactive to the first day the employee auumes respmw"bility of the position. -; Acting assignments will be made according to the following procedure: Acting p.o,E, First Priority -Elip"bility List Second Priority -Personnel with DOE Check Off'List Third Priority-Diacretion ofShift Cffl!Dlaader Acting LimaJmfDl First Priority -Elip"bility List Second Priority-Personnel with Lt. Check Off'List Third Priority-Discretion of Shift Commander 14 ARTICLE 11. ANr-.1JAL LEA VE A. schedule : Shift work employees shall be entitled to annual leave according to the followin~ Hourly Hourly Accumulation Accumulation Annual Total e;i:M2nlh e;i:Pa:i:em9d H2YD Shih 1-4 years continuous service 13 hows 6hows lS6 6.S 5-9 years continuous service 15 6.92 180 7.5 10-14 years continuous service 19 8.77 228 9.5 l 5-19 years continuous service 21 9.69 252 10.5 20+ years continuous service 23 10.62 276 11.5 Annual leave shall not be granted to any employee until he/she has been in the employ of the Cit}y for at least six months. B. The maximum accumulation of annual leave shall be two (2) times the employee's normail annual leave accumulation. C. Method of Selection -The selection for use of annual leave shall be by seniority. Tb= first round of selection begins by those employees with greatest seniority choosing first and those widn less seniority choosing last. The second round of selection will begin with those having less senio~ choosing first and those with more seniority choosing last. • D. Use -The schedule for use of annual leave shall be determined by the needs of tlR: Depanment. Annual leave shall be bken at a time convenient to and approved by the Director of~ Services. When an employee has scheduled annual leave through the normal method of selection and is subsequently transferred to another shift, the City shall accommodale said employee's original annua:ll leave selection when not to do so would result in financial loss due to cancellation of traveil arrangements. E. Annual Leave Pay -The rate of annual leave pay shall be the employee's regular stnipn time hourly rate of pay for ihe employee's regular job and charged on a working hour buia, cxcludinm regular days off. Annual leave shall be allowed only to the total hourly amount accumulated at tlR: beginning of the leave . F. Minimum Usage -There shall be a one (l) shift minimum use of annual leave time fmr shift workers with the following exception: If an employee covered under this contract bu used all an the personal leave proviJed to hi miller for the year, the employee may use annual leave oflesa than one (1) shift as approved anJ authorizeJ by the Director of Safety Services or the Director's designaraii representative. G . Annual L~ve Pay Upon Separation -Any employee who is separated fiom die service an the City. i.e., retirement. termination or layoff, shall be compensated for the unused umual leave tinm: accumulated at the time of separation . IS • • • • ARTICLE 12. PERSONAL LEA VE All shift work employees covered by tbia CODll'ICt lball be panted ainlly-six (96) boars of personal leave with pay which an employee ii enaded to UN for the following purpoea: A. Employee's own illncssfmjury 8. Illness/injury of employee's family C. To attend to personal businela. For my employee who bas not Uled the ninety-six (96) hours of penonal leave, the Chy will compensate uid employee tbrthe unuled time atlbe emplo)W'a replarwap r-.eo beplid ICCOldins to the prevailins payroll schodule. Personal leave time lball DOt aceecl IIUllt)'-lix (96) bDua narall it be acc:umulalecl or carried over fiom one )'11181' to lbe next. la the event of illaelwqury iD wllida peaaaal leave is requested, the employee shall notify billher supervilor It last one (1) hour prior to the employee's scheduled reporting time. Those employees with bllmc:es iD lbe "Campemltory Time Bank"• of January 1, 2001 may exhaust their balances, but no further tnmfen info the blllkl will be allowed. 16 ARTICLE 13. DISABILITY -TEMPORARY (NON JOB RELATED) (SHORT TERM DISABILITY -"STD") A. Definition -Temporary disability is leave granted for non-service connected injaey or illness of an employee which disability prevents the employee from perfonning his/her duties as :i Gty employee. 8 . Provision -During the life of this contract, the City agrees to provide temporary disant Diy leave with pay for employees absent as a result of illness/injury at the rate of one hundred pc:;:ll (100%) of the employee's regular wage up to nine hundred sixty (960) working hours, {one luu::ia:=i twenty (120) days/forty (40) shifts.} C. Temporary disability leave shall not be accumulative except that on January 1 of .!3Ch year, the City shall restore one hundred percent (100'/o) of the number ofhours/days/shifts used~ an employee during the preceding ye:ir up to a maximum of 480 hours, sixty (60) days or twenty (20) E:GS. D. Utilization. 1. Authorization for temporary disability leave .th pay shall only be grantee~ the first shift/day of disability. 2. Authorization for temporary disability shall be granted for the illness or~ of the employee not service connected, including maternity related disability .. (See re::mm City Of Englewood Policy # 31 "Family And Medical Leave Policy" -Exhibit !ID E. Sick Leave Option -All sick leave accrued by employees prior to January 1, 1980. .all vest with the employee, and may be used in the following manner: 1. , After the hours/days/shifts described above have been used. unless the empic,y= is entitled to retirement as a result of disability . 2. By cashing in all accrued sick leave accumulated under the previous plan l3?0Jl normal retirement from the City at the rate of one (l) hour's pay for each two (2) baac:s of accrued sick leave at the employee's regular rate or one ( 1) hour's pay for each tiJar" (4) hours upon separation from the City. 3. By cashing in accrued sick leave under the previous plan, once each year lit .he conversion rate of four (4) hours sick leave for one (l) hour pay, not to ezc:==l a conversion of more than four hundred (400) hours each year. F. Reporting of Temporary Disability -The employee or a member of the emp~'s househ shall notify the employee's Shift Commander at least thirty (30) minutes prior :o lbc employee's scheduled reporting time . No temporary disability leave will be panted to an cmplo~..-m fails to notify their Shift Commander prior to the beginning of the employee's work scbedulc. 1be employee's Shift Commander may waive the reporting requirement dependin& upon the circnrns •-es surrounding the temporary disability . 17 • • G. Verificalion or Diubility -Per the City or f.nalewood Short Term Dillbility Policy (#37), irabsence from wort ii in excess ortbree (3) eomeeuaiwworkdayl/sbifts, a medical relelle must be provided by the employee. If the City NqUirel tbe employee 10 Nek a second opinion, the City will bear the cost or the second aaminatioa. H. Abuse ortemporary Diubility • Abule orlillltpGl•Y disability occun wben • employee misnpraenll tbe IICIUal rw for NqllllDlll llliiipGillycliabilityorwbm • employee UNI tempormy diability leave for IIIWdborized pulpOIII. All ...,1oyee wbo makes a &lie claim b temporary disability leave shall be subject to clilciplimry action or ctini111l 11 ARTICLE 14. WORKERS' COMPENSATION A. For any work nuted inJueyfil!nm wbic:h caws Ill)' aplo,-to INt lbllllt 11m wt, the City shall pay employee hillber ftall wap1 &om tbe ftnt day onmn.. .... 1am wn.., _, and includin& die 90th calendar day of such ab1mce, I• wbllevs 1111111 rec.r.ed by die tmplo)'N a disability bmeftll under Worian' Comp911111ioa. TIie City llllfflll die ripl ID ...-IDY emplo)'N on injury or dillbility leave to submit to • nRire'i • by Citr-t,pp l>iaelll Jllaylicillll • 1bl City's expense or under tbe provision of workers' ~--or dlle ~ provilioD • provided under State statute. B. All quries that. occur during woddna boun lball be nipor1llld to the employee's superviaorwitbintwenty-fbur(24)bounoftbeinjuryarbeforetbeemployeeleavealbcirdepatu...nlof employment unless circumatancea beyond tbe conbol ofdle employee would not permit. 19 ARTICLE 15. MD.ITARYLEAVE Military Leave will be panted per tbe City o(HnsfmRl AdnriJil!Dm! Pglicy HewtJ #35 "Military Lave Policy"· Exhibit IV. 20 ARTICLE 16. FUNERAL LEA VE The DireclDrorSdlcySlrvicel tblll .-lllmwidlpaylD •...,.. ao lllladda lmlral of a member or the employee's &lnily. Tbe IIUlllblr or dayl/lbUla ..... tbll1 be pllllld by .... cin:wmtlnces oflbe cae, but IDlll be It lalt one (1) daylsbifl ml in DO e¥lllt all Ibey exceed tbree (3) of the employee's seplarly miped daywsbitll. Por~fU!,PCIIII oftbil IIClion •cap1oyw1 &mily" lhlll mem the employee's lpOIIII, or lbe cbildnn, IJIIMlclli)dnD. plRIIIII, jiWlpll-. blulbers 111d listers ortbe employee or orthe employee's 1p0111C and odllrmemben orthe &mily It the disc:nltion or the City. 21 ARTICLE 17. JURY DUTY AND WITNESS SERVICE Leave may be ..-red to an employee for IS'WII onjary duty or• a witnea iD billber or&cial capacity iD obedience to a subpoena or direction by 1ep1 llllhority. Hein lhall be CDlit1ed to the difference between bil/ber rqu1ar compemation and the fees received for jury duty or • a witnea. When be/she is snhpoenaed a a witneu in private litiption to testify, not iD bil/ber oflicial capacity but a an individual, die time lbNnt by reason thereof sbaU be taken• accrued leave or leave without pay. See Cjty 9fEn•fn:opd 64rniojstrative Policy Heel #34 .. Jury Duty And Witneu Service" -Exlu'bit V. 22 ... ARTICLE 18. HOLIDAYS A. (1) Shift wort employees covered by tbil coanct will be e1ip,le for IIYmty-two (72) houri of holiday time-off or pay. (2) The payment for holidays will be made in NovemlNr of 4111:b ,-, bald on the employee's regular stnipt time hourly wap rate. Emp IDUlt DOCify the Department by October 1 or each year, oftbeir intenlion ofrecemna holiday pay in lieu of time off. (3) Holiday pay for tenninatin1 and new hire employees will be dctamined on a monlbly pro rata bMis. (Example: If 111 emplo)<ee nltira on June 30, 1989, the employee is eli11"ble on a mondlly pro rara basis for six (6) montbl or one-half (%) of tbe seventy-two (72) hours holiday benefit.) B. Forty(40) hour employees will not be elipble to receiveahotidaypayc:ashout, but shall receive the days off on tbe eleven ( 11) officially rec:opized City holidays provided the anployee bas actually worked or bad approved paid leave on tbe day immectilfely prior ID and i>llowina a holiday unless otherwise approved by the Director of Safety Services. A shift wort employee who ii llliped ID a forty ( 40) hour uaipunent during the course of the year will be paid tbe pro rata holiday payc:&lbout in November for tbe paiod that he was on shift work. 23 ARTICLE 19. VOTING LEAVE Voting Leave will be panted par tbe City Of Enslmmd 4':cbnipipgpgiye Policy Mnal #39 "Votina Leave"· Exhibit VL 24 ARTICLE 20. TRADING TIME A. Employees may be permitted to secure IIIOdler F"uefiprer of equal nm and quetificldom to substitute for them subject to the approval oftbeir Shilt Comaw,der. The emplo)W IUbllitulina all be responsible to work the scheduled shift and my lbNnce sball be cbarpd apimt that employee. Any request for substitutes shall be signed by bodl F"ueftpwn ad approval oftbe Shift Cmunmd« tball also be in writing. 8. Tradiq time shall be governed by the tbllowiq criteria: l. The tradin& of time ia doae volmdlrily by the employees pll'ticipltiq in the tnde. 2. The reuon for trldini time ia due to the empkJFs daire or need not bcc:lllle of Yue Division operanons. 3. If a lrldc request ia denied by a Shift Cmurw,der, the Shilt Command« lball provide a written statement to the req1mting employee with the rwoa &Jr denial of the request. ARTICLE 21. UNPAID LEAVES OF ABSENCE Unpaid leaves of ablmce may be panted pertbe City9Cfsnslnmgd!,dJPjpjfJMYI PpljcyMppJ #38 .. Unpaid Leave of Ableace .. -Exhibit VU. 26 ARTICLE 22. UNIFORMS A. ( t) If III employee is n,quired to w.-a aniCorm and/or safety equipment. tbc employee sball wear the uniform lf//J/or aCety equipment only a autboriml or required by the division work rules. All emplo)w sblll mainllm a pnamllble +pemnce while on duty. The employee is rapomible for mydlmap to the 1lllibm or safetyequipmmt by negligence or deh"berate act. The City will be rapoma"ble for providing all uniforms and safety equipment. (2) The Division on a replacement buia will bar the cost ofreplacemenl uniforml. The new replacement uniform will meet or axceed rec:opized indultry llaDdmda. B The Division will authorize and require specific: shoes and will provide a tbotwmr reimbursement of fifty percent (50%) of the costof llllborized footwsup to a maximum ofS130.00 per year. C. Physical fitness sweatshirts, sweatplllts, and nmnin& shorts will be provided by the fire Department for employees engaged in the Division's physical fitne11 proaram. The above clodliq will be provided according to an as-needed basis, determined by the Director of Safety Scrvicea. D. Cleaning -The City will be respons1"ble for providing cleaning for all uniforms and/or safety equipment 27 ARTICLE 23. MILEAGE REIMBURSEMENT A Firefighter who ii specifically authorized by the Direct.or of Safety Services to operate billber personally owned automobile in conduct ofCitybuainea shall be paid mileage in acc:ordmce with the City's vehicle mileage policy. . ' ARTICLE 24. INSURANCE A. MEDICAL The City will pay eipty-&ve (8.5%) of tbe premium COit a,, liap and ctep,ndmt coverage for medical insurance. Employees will pay fifteen percem (15%) ofthepnmiuin COit for single and dependent coverage for medical imurance. B. DENTAL TheCitywillpayeipty-&vepercent(IS%)oftbepcemiwncostblinplllddlpendent coverage for dental insurmc:e. Employees will pay 8flem perceat (15%) oftbe pnmium COit a single and dependent COY~ for dental insurance. C. It is understood and aareed that should the premium C0111 for either oftbe City's insurances be reduced during the life oftbia contn1ct, tbe City and employees will equally share in the premium rate reduction. D. Any dispute concerning the interpretation or applicalion ofbenefits provided undertbe baltb or dental plans shall be subject to the plan appeal proc:ea. It is apreuly UDdmtoocl that tbia article is a non-grievable item under this contrlCt. 29 ARTICLE 25. LIFE INSURANCE Term life Ullllma will be provided by the City for employees covered by dua caatnct in lbe amount of one time billbll' aanua1 salary. The mininwm bendt ii $35,000 and tbe maxiJDIIIII bene&t ii S.50,000. Upon retirement, tbe employ. may conwrt tbl life innnDce per die life inlurlDce plan conversion aareement in place at the time oflm'bs aemw. 30 ARTICLE 26. RETIREE HEAL TH INSURANCE REIMBURSEMENT The City apees to allow retirees and future retirees a conversion privilege to tho maltb insurance conversion plan available tbrougb lbe City. For employees who rmnd on or ban December 31, 1995, the City aarees to pay My percent (50%) of tbe COit of cowraae of the bealth insurance conversion plan or other plm Nlectecl by tbe retiree up to a muimum of $75.00 per IDOlllb for tbe employee and including tbe employee's ckpendcmts . For employees wbo Ntind on order Januaiy l, 1996, tho City agrees to pay fiftypen:ent (50%) oftbe COit ofcoverap of tho bealth insurance conversion plm or other plm selected by the retiree up to H11Xnnmn ofSI00.00 per month. It is the intention of the City to phase out this provision. 31 ARTICLE 27. LAYOFF Whenever tha'8 ii lack of work, ladt of &mda, or other leptimlta rwom requiriD& reduc1iolll in the number of employees. tbe appointina authority shall desiFAfe tbe positions in wbidl tbe layoff ii to be made. Upon such dctennimDon. tbe required number of employees in the affected position shall be placed on a layoff list ortnmfemd bytbe appointing llllhority, each in ordcrofhillbcrrelalive length and quality of service as tbown by the personnel records. Employeel oa layoff mall be recalled in the order of seniority provided dlll thole recalled have tbe demwlbl&llll ability md mm qualificaliona to perform tbe available work • detamined by tbe City. Any employa iD a lqlm rlllk, if laid oft may transfer to tbe previous lower rank. The layoff lilt shall tmDiDllle after eiptem (18) maadla. 32 ARTICLE 28. TUITION REIMBURSEMENT Tuition will be reimbursed per the Cjty of Epgwgod ,MrnioifDP.YI Policy Maree! #29 "Tuition Reimbursement" • Exhibit vm. 33 ARTICLE 29. SETILEMENT OF DISPUTES A grievance is defined as an alleged violation of a specific provision of this contract Tiilc employee and the Association shall be required to follow the procedure as set out below: If an employee is unable to settle the grievance or dispute orally and informally through hisillll:r shift commander within five (5) working days of the date of the occwrenee of the grievance. or tfDe employee's knowledge of it. the employee may, within the succeeding five (5) work days. file a wrim=n grievance with his/her supervisor. The shift commander shall attempt to adjust the matter and shall respond in writing to the employee within five (5) work days. If the answer is not satisfactory, the matter shall be presented in writing by the employee to tfDe Division Chief within five (5) work days following receipt of the Shift Commander's response. Tiz Division Chief shall respond in writing to the employee within five (5) work days. If the answer is not satisfactory, the matter shall be presented in writing by the employee to tfDe Director of Safety Services within five (5) work days following receipt of the Division Chief's~ The Director of Safety Services shall respond in writing to the employee within five (5) work days.. If the grievance still remains unadjusted. it shall be preacnred by the employee to the Cf:11:y Manager in writing within five (5) work days following receipt of the respome oftbe DinctorofSam:y Services. The City Manager or his/her designated representative shall respond in writing within tcn(!IO) workdays. If the grievance is still unsettled., the Association, within ten (10) work days after receipt ofdil= answer by the City Manager o_r his/her designated representative, may by written notice request a matter be submitted to either mediation or arbitration . (a) Mediation . ( l) If mediation is requested, the panies will attempt to mutually lfP'ee upon a mediator. If within five (5) days of the request for mediation the Association and the City cammt mutually agree on the mediator, a request will be filed with the American Arbitration Alloc:iation bra panel of seven (7) mediaton to be sent to the parties . (2) The mediator will be selected by a method of altemative llrikiq of aama li'CJID 34 the panel, with the first strike determined by a coin flip. The final name left on the panel will be the mediator. The mediator will convene a meeting of the panies as soon as possible and attempt to dcvelQI? a settlement of the grievance which is acceptable to both parties. Any such settlement will be in writins and will be dated and signed by representatives of the Association and the City and by the mediaror. 'Im terms of any such settlement will be implemented by both parties. If a settlement is not reached tbrouglh the medial.ion process, the mediator will notify both panies in writing that the medial.ion process bas concluded. Such notice concludes the grievance procedure. (3) The fees of the mediator shall be borne equally by the Association and the Ci~. (b) Arbitration. ( 1) If the Association requests arbitration, the parties will attempt to choose aa mutually agreeable arbitrator. If within five days of the request for arbilnlion the Association and the City cannot mutually asrec on an impartial arbitrator, a request will be tiled with the American Arbitration Association for a panel of seven arbitrators to be sent to the parties. The arbitrator shall be selected by a method of altemalive S1riJcina a4 names from the panel, with the first strike determmed by a coin flip. The final mme leilt on the panel shall be the arbitrator. The arbitrator shall be requested to issue a decisiom within thirty (30) days after conclusion of testimony and argument (2) Each party shall be responsible for compensation to its own repraenwives amil witnesses. The fees of the arbitrator shall be borne equally by the Association and tbm City. (3) If either party desires a verbatim record of the proceedinp. it may cause suma record to be made, provided it pays for the record and makes a copy available to cm arbitrator. If the other party wishes to have a copy oflbe trwtipt it lbaU lblre all COIIII for the tramc:ripL Authority of Arbitrator. The arbitrator shall have no power to add to or subtract from or change the terms of this Contnc:. The written decision of the arbitrator shall be final and binding upon th<" panies. The arbinror sbaiil limit his decision strictly to the grievance submitted which hu been p, ly proceaed duouab tbm grievance procedure outlined. Time Limits Failure by an employee to comply with any time limitation shall constitute a settlement oftbm grievance. Should the employer not respond within the prescn'bed time, the grievance will automati~ proceed to the next step. Grievapce Option It is agreed that should the appeal procedure u provided under 138:3 oftbe City Charter mr applicable ordinance provisions be utilized, recourse to the grievance proc:edurc included in this Artic:!e shall be waived. JS Processins Grievance PYrios Wortc Hours Grievances may be investigated and proceued by tbe employee durins working boun within reasonable time limits without loss of pay provided notice is given and the worlc load permits. The employee shall be allowed to attend hearinp while on duty. Oral apd Written Corrective Action Oral Corrective Action -Whenever pounds for comclive action exist and the supervisor determines that the incident, action or behavior of the employee is such that more severe action is not immediarely my, the supervilor should orally coaunvnicaae to the employee the supcrvilor's observation of the problem and offer usistance in c:ornctDII die situation. When an oral corrective action is given, the supervisor should ensure that the supervisor's los ia documented to shaw date of the corrective action and the nature of the corrective action. The employee should be advised that the corrective action will be documented in the supervisor's Jos. Written Corrective Action -When the supervisor detamines thal a written corrective action is appropriate and necessary, the corrective action shall be addressed to the employee and shall include die violation; the specific behavior and the dates of the behavior (when appropriate) that suppon the chirp; the wamin1 thal continuance of this behavior will result in disciplinary action; and an offer of lllistanc:e in correcting the behavior. A signed copy of the corrective action by the supervisor shall be included in the employee's official personnel file in the Human Resources Department. and tbe employee sbal1 have the opponunity to submit written comments in response to the corrective IClioa to be included in the &le. If an employee disqrees with the leaer of corrective action, the employee, within seven (7) calendar days, may request a review of the written corrective action by the Human Raoun:es Director. 36 ARTICLE 30. SUPPLIES A. Tbe City will provide and maintain aupplies and equipment for tbe normal operation of the Fire Division. n.e include: l. Laundry: linlm 111d c ...... ot-- 2. All kib:ben appliaDcea 111d ....U., llld repair dot repJrmt of w. 3. Privare pboDe in each ltllion ml maintenence dot rtplir of w 4. Mli11tmmice ofT.V .1 llld niconten. 5. 11mm ofhypae (IOlp, toi1II paper, lie.). B. Tbe p11>vilicma oftbil Article will be uadlrtbe control oftbe DirecllDrofSafetySemcel. Individual abule to be dealt with on m indMdall balis. 37 ARTICLE 31. DRUG TESTING AND PHYSICAL FITNESS The City asrees comistent with Article 5 of the Collective Bmpinins Agreement to c:omult with the Union reprdina the formation of any drug telling policy or physical fitnea propma. In addition. it is not the City's intention to institute random drug teltina now or in the foremlble future. 31 -: ARTICLE 32. DEATH AND DISABILlTY ASSESSMENT For timipten hired on or afterJmuary 1, 1997, lbecoalribmionrequired by f 31-31-811(4), C.R.S., shall be ..-ed equally apimt tbe Caty and sucb lrdpllr IO dllllt lily ,-:mt (50%) of tbe contribution requited bydle state sball be ....-1 apiJllt lbe &rdpM IDd Uypaant(S0%) all be meued apiDlt the City. 39 ARTICLE33 . EXCLUSIVENESSOFCONTRACf The City and the Union agree thal the tams and provisions herein contained comtitutc the entire contract between the parties and supersede all previous communications, n:pnNDtlbOIII or apeemenll, either verbal or written, between the parties with respect to the IUbject matter herein. The City and the Union agree that all negotiable items have been ducuued durina the DelJ)liatiom lading to tllia conlrlCt and, therefore, agree that negotiations will not be reopened on any item during the life oftllia contnct, except by mutual coment of the parties. IN WITNESS WHEREOF, the parties have caused this contract to be siped by their rapective representatives and their signatures placed thereon, on tllia _ day of 2002 at Eqlewood, Colorado. ENGLEWOOD FIRE FIGHTERS LOCAL#1736 President .-(/ CITY OF ENGLEWOOD Mayor Attest: City Clerk City Manager Computation of Flreflpter Pay Three shifts <A. B, and C} prov ide 36S days of fire coverage. 24 hours a day. for a total of 8760 houn per year. 8760 hours per year / 3 shifts = 2920 hours per shift per year . 36S days per year / 9-day cycles • 40.SS 9-day shifts per year. 2920 hours per shift per year/ 40 .SS 9-day cycles per year• 72 hours per shift FLSA law states that 68 hours in a 9-day cycle for firefighters are to be paid at straight time and all excess hours actually worked in a 9-day cycle are to be paid at time and. one-half. EnglrMKKI firefighl.n are scheduled to work 72 hours in a 9-day cycle. The City pays straight time to allftrejighl.nfor thejint 68 hours of their assigned 72 hour worlc schedule every 9-day cycle. Hours worud betwffn 68 and 72 in the a.uigned work schedule an paid al the premium rate (time and one-Ital/) If approved leave is used during the 9-day cycle. those houn are deducted from the 72 hours and premium pay is not paid if the total hours actually worked drop below 68 . EXCEPTION: In tuldition, tJ,e City /l"Y' tt... t111tl 011e-llalf /or iu,11n oNr t111tl tlboN t/N ll#lpd worlc schedule ho11n in a 9-tlay cycle ngardlas of uy appro1¥tl, poill ~ aetl tlllrln1 tJ,e 9-41,y qcle. Per 9-dav cvc)e pay calculation (using hourly rate for 2002 Firefighter n Regular hours 72 (straight time) Premium hours 4 (half-time portion of time and one-half (hours x hourly rate x .5)) 72 hours @ J 7.45 .. 4 hours@ 17.45 x .S • 1256.40 _.JM!l J 291.30 (74 hours pay (72 + (4 x .5)) for 72 ho,us worud) The above method of calculation provides the same results u the method stated in FLSA u follows: Regular hours 68 (straight time) Premium hours 4 (time and one-half(hours x hourly rate x l.S)) 68 hours @ / 7.45 = 4 hours@ 17.45 x l .5,., JJ86.60 JJJilJJ. 1291 .30 (74 lto,us pay (68 + (4 :c 1.5))/or 72 hours worud) All compensation is based upon the hourly rate . Annual rate = hourly rate x 2920 hours. Monthly rate = (hourly rate x 2920 hours)/12. Bi-weekly rate • (hourly rate x 2920 hours)/26. Add itiona l pav to be included in ovenime calculation. Meri t pay for arson investigation, including discretionary IIDOllll1I, and merit pay for the positions of Hazardous Materials Team Leader/Instructor, Technical RelCue Team Leader, and Safecy Education Team Leader is also subject to overtime calculation. Crea ted on 06,!S,2002 4:49 P?'vl • • .• Subject: Number: Effective Date: PURPOSE City of Englewood Administrative Polley Man Human Resources Polides f :. ~ " ~ i ---- 1 To define equal employment oppommiey :md bar.wment :md establish a complaint proc:edwe. SCOPE All City employees. POLICY The City is dedic:ited 10 the principles of ,=qw1I employment oppormnity in :my tenn. condition or ?rivilep of employment. We do not discriminate apinst :ipplic:uus or employees on the basis of qe. race. SC."t. ailor. religion. n:uional origin. disability or any ocher swus prorected by fedeml, swe or loc:u law. This prohibition includes unlawful har:wment based un any of these proiected cluses. Unlawful lwusmem iDc!udes veri,ai or physic:.il conduct which has the purpose or effect of subsrami3lly illlerferin1 with an individu:ai' s work pen'onrumce or cre:iting an intimidating, hostile or offensive work envuonmenL This policy :ipplies to :all employees including 111311:igers. supervison. co-workers, :md non..employees such :is cilians. cimomers. clients. vendors, consulunts, etc . Sexual Har:ISSlllent Because sexu:il h.ir:issment r:iises issues th:u :ue to some extent unique in comparison to ocher hm:lssment. the City believes it warr.ints sep.ir:ue emph11Sis. The City strongly opposes sexu:u har:wment :ind inappropriate sexwil conducL Sexual bar.wment is defined :is unwelcome suu:il advances. requests for sexu:u favors, :md other verbal or physic:il conduct .:ii :i sexual nature, when : • Submission to such conduct is made explicitly or implicitly a term or condition of employme:ic • Submission 10 or rejection of such conduct is used :is the buis for decisions :affectin& :m individual's employment; or • Such conduct h:is the purpose or effect of subs1a11ti:illy interfering with an individual's work pe:formance or cre:mng :in intimidating, hostile or offensive work environment . All employees :ue expected 10 conduct themselves in a professional and businesslike manner a~ times . Inappropriate sexual conduct th:u could lead to a claim of sexual har.wment is expres,ly prohibired by this policy . Such conduct includes. but is not limited to, sexu:illy implicit or explicit communic:uiom whether in: • Written form. such as cartoons. posters. c:iJendars. notes. leaers. E-mail: • V c:rbal form. such :is comments. jokes. foul or obscene luipap of :a sexual aamre. psipins or questions abou1 mother's sex life. or repe:ited unwanted requesa for dares: • Physic:il gesrures :ind other nonverb:al behavior. such as unwelcome touchina. p,abbina. foadlin1, lcissina. massaging . and brushing up againSt :anocher ':1 body . City of Eqlewoocl Admbdstratm PoUc:y Manual Bmmm Resoan:es Policies a EEO/llanameat Complabat Procedure Jf an employee believes there bu hen , violalion of die EEO poiicy or lunmnent bued on Iha prOfeCllld classes oudined above, illcludin1 sexual barusmenc. be or she sbaald W! die followln1 complaim procedaae. The City expec11 employees to make a timely complaint ro enable die C"llY to pn,mpdy iD'Mltipla 1111d c:cxrec:t any behavior dw may be in violaaon of this policy. Employees who beUms dlere bu been a violllioa of die EEO policy or hlmsment sbould fim dilc:ua tbis matter widl their immedia saper,isor or anyone witbin dleir c:llaiD of cow.d widl wbom they f'eel comfortable in discuasin1 these concems. Jf die immedia supervisor or someone in die employee's chain of command is die focus of the alleption. lben die employee sboald DOCify die Human Resources Direcllor. Jf there is no raolmion to the claim u outlined above, die employee sball dim swe lbeir claim in wmiDs to die Human Resources Dilector. F:x:ts will be pdlered to subsunriare or dismiss die claim. Employees falmd to have violared the City EEOIHarassmem policy will be subject ro disciplilllry action up to and iDcludin1 rerminalion. Compl.ainu will be kept u confidential u possible. Tbe City pmbilriis remlfadon apiml aa employee for filin1 :i complaint under mis policy or for aaiatin1 in a compllilll iD'leSdplim If lmpioyw perceiw maliation for malcin1 :i complaim or tor panicipldn1 in llll invesciplion. die! me to apin l'oUow the complaint procedure oudilled above. 1be siawion will be promptly invesriped PCUOSE City of Enpewood AdmiDllltndft Palley Maaal a--a Rtwuc:es Pllldes To • fonb die City policy repnlin1 violence ia die wortp1a. SCOPE All Ciiy employaes. POUCY Tbe City is dedinred u, ,noiamiaia1 :i work dllYUOIIIIIIDt free fiom iarimid;,rion. lbre:m. or "lioic:c x:s. This includes. bm is not limillld to: iarimideri111, tbn:lleaiq or ballila blbavion: phylic::ll/verbal ~ Vllldallsm: moo: saboaap: use of we:ipons: c:;,nyin1 we:q,ons oaro oar premises: or ay ocher z::. wmcb in DIIDAptnent' S opinion, is iaappropriare IO die workplace. fa ;addiaon, biz:1m or offensive c...m 18pR!in1 violent evencs md/or behavior m not tolenared. 0.. UIIDlerma for violml:a IWDda a: ;,msoas connec:ted with our business iacludia1 cusromers. V9lldors er odllrs wbo iDlmct wida our empl~ AAy behavior lilmd above sllould be imredillllly NpOl'lld ID a sapervilor or !bl Hum Rosom:a DlpanmenL Adctirioaally, employees sbould notify dleir SllplffllOr or die Hamm a...:a O a IINC of perscm1 simarioas that may impact die wortcplse. Complama will naive aaaoa al die sialaiDn will be invescipred. Sued OD die resuill of die inquiry, XDOII will bl 1111mm which .... pmenr belie,a :S appropriale. Employees should direcdy c:omm:t law enfon:w PfflOIIDII if :bey belirM tbet9 :s :m imminent thre:ll to the safety :md be:lltb <A employees or propany. See "S«irc!l :md Seizwe", policy# "'8 • .. City of Englewood Administrative Policy Manual Human Resources Policies Subject: Family aad Medical Lean Policy Number: 31 Effective Date: 4-J-00 PURPOSE To comply with the Family and Medical Leave Act of 1993. SCOPE To be eligible for Family or MediQJ wve, an employee IDIISt have worked for the City for :11 le:ist 12 months and have worked :11 le:ist 1.250 hours during the previous c:llendar year. POLICY An eligible employee will be allowed to take up to 12 worltweelcs of ·eave during :my twelve month period for the following: • Birth of his/her child • Placement of :i child for his/her adoption or foster cme • Care of employee's child. spouse or parent who hu a "'serious he:llth condition" • His/her own "'serious be:IJth condition" which makes the employee unable to perform tbe functions or his/her position Not,: a "s,rious h1alth condition" of an 1mploy11 or fanuJy nwmb,r ,-,..rally incl""6s any condkion that involves either inpatient care or continuing tr11U1Mnt tU carijfMJ by an appropriau Maid& can providlr. Requireml!nts Notice -Hu= Resources and the employee's direct supervisor nmst be notified in writing of the request for Family and Medic:il leave . • When the leave is fon:sec:ible. a specific noritic:uion must be made 30 days before tbe expected dare of the leave. • The employee is responsible for keeping the supervisor :md Human Resources infonned of his/her work starus . • Reasonable notice of change in circurnsw,ces that requires either .m extension of the leave or .m intention of an early rerum. must be provided to Human ResouR:es :ind the employee· s direct supervisor immediately. Certification -a request for FMLA leave by :m employee due to his/her "'serious health condition .. must be certified by :111 appropriate he:ilth c:ire provider in writing. A certific:Jlion of the "serious he:ilth condition·· of a child. spouse or parent is :i1so required. • The cenific:nion IDISl be provided to the Ciry within 15 days of request. • The City may clarify any information on the he:alth condition certific:llion. • The City may request subsequent opinions of :i second or third he:alth c:ire provider. u desipwed. approved and paid for by the Ciry . City of Englewood Administradve Polley Manual Human Resources Polldes • Re-certitic:won of 311 employee's "serious hc31th condition" may be requested when deemed necesslll;>' by the City . Coordinadoa of leaves -lave taken for 311 employee's own Mserious healdl c:ondilioa" wllich qualifies for temporary disability or workers' compensation benefits will be counred roward the l2·weelt period described above. All :iccrued paid lave muse be used prior ro aarin1 imo mlpllid PMLA 1111 ... • lntmnittent leave or :i reduced work schedule may be permiaed in the ewn1 of a .. serious he:i.kh condition" of the employee or qwilified family lllllllber. if imdic:llly necemry. The City may reqaue the employee to temparllrily tr.1111fer to an available ....... polilioa dlll will~ the City II a result of the .ilteted work schedule. • Lave tllken for the binh or placement of :i child IIIIISl bl IUIIII blfonl die ad of die l l-monch period bqinnina on die dale of such birth or placemenL If die City employs bodl hulblnd aad wife. fMLA leave is limited to a combined total of 1: weeks durin1 dais 12-mondl period. Return from FMU leave • When an FMLA le:ive is the result of the anployee's own "aioaa bmldl cmdilkla• ..._ nay med to provlcle :i re-certific:ition to mum to active employrmnt a die dim die PMLA a.... ii ccmcladld • Upon rerum from P.vlLA le:ive. 311 employee will bl remind to lbe 111m or• -alliYIIIIII posilioa if llldl remm immediarely follows the ~ved FMLA lecM. • Failure to rerum to work immedi:uely followin1 die upir.sioa of :m ~·s approWld FMLA llllve may result in termination of employmenL lmpJoyee beneftt proYiliom • For ;,Did periods of FMLA le:lve. the City will mammiD al provide all blalfta • would baV9 been provided if the employee had been working. To the emm applicable. employee c:oadlmioas for :all sucb coverage will continue in ,1he same manner. • For unpaid periods of FM1.A lave. the City will mainain tbe sum paup balda co,... cluriDt die F!vlLA le:i ve as would have been provlcled if the employee hid been woddfts. Employee coacribuliom for coverage will continue to be required. • For unpaid periods FMLA le:ive. the employee· s lenph of service will be dlanpd for die purpaee of determining eligibility for vac:ition 311d length of service med in delerminiq c01111imta111 .-vice l9iald ID other Cicy benefit plans. The number of days of unpaid lave taken over die fin& lO clays will be added ID the ~mployee · s original hire dale. Subject: Number: 35 City of Eqlewood Actminiseratiff Policy Manual Human Resources Polcies Errecuve Date: 4-J.OO PURPOSE To set forth die City's policy on milimry lave. SCOPE All City employees POLICY The :iuthority for this policy is derived from the provisions of Pllblic L:lw 93-308 (1974) 35 .miended by Public Law 94-286 (1976). The City is obligated to gr.int miliciry le:ive with pay for 3bsenc:es llOl exceeding fifteen ( l') c::aJenclar days per ye:ir in :iccordance with the :ibo-.:e mentioned fede:ul law. The City cmmot require :111 employee ro use annWLI leave for such purposes . The employee may. bowe•. niquest use of vac:mon. compemarory time. or le:,.ve without pay to supplement absences exc:eedina those co'lffld by the fifteen (l') day military 1.e:,.ve a.llowance. Miliwy leave of absence will result in no loss of any condition « employment that would have aormally occurred if the employee had not been absent for such purposes. Employees are responsible for providina their department direclors copies of 311 milimy orders dw will result in :i leave of absence for :ictive miliciry duty . Employees n 3lso requmd ro nocify their supervilors a die e:iriiest possible dare upon l~g of scheduled military dwy. The City will make ;i raaonable effort ID adjust work schedules .md 35Sipments to aa:omznoclme employees ftllfillin1 miliwy oblipaom. Employ~..s who fail to return to work on the dare specified in tbe le:ive request. without receivill1 m extens ion in advance. are subject to disciplinary :iction up to and includina amnina&ion. Inactive duty tr:iining dates (weekend drills } should be provided to the depamnent directer 35 soon :is av:iilable if the dates conflict with scheduled employment with tbe City . PtJllPOSE City of Eapwoad AdmlallCrathe Nlc7 Mana1 Baeen a111mca Palclla To lllllblisb rbl C°11Y's policy for employee Jury Dacy ad W"IIDIII !efflce. SCOPE All C°IIY employaa. POUCY Leve will be p1llllld co :m employee c::allld tor jury dliarY or to .,-as a wimess in Im/Im offlcia1 c::apacity in obedience EO a subpoeml or diiecuoa by lap! Dbaricy . n. employee will receiw rblir "IUlar SAiary tar jury dury served. Ally jury pay will be mmbunld ro rbl Ccv. n. aiployec may ret:liD :my reimoune:mnm for rnile:ap :md partma. Employees on jury dmy or clllJed as a wimla in dllir offlciaL Cay c:apaci1y will be expeaed co work u much of rblir replady scheduled wartrday u rblir jury dury schldale or ~ in counpenmu. When an employee is subp,lnad as a wimlSI iD priva lkiplioll ID llldfy, DOC in bis official c:lf*i'Y bul 111 • individual. XCUllllla-d laves will bl Ulld ro .:o,,. rbl dim alllll. AD a:callllllad laves lllllll be abDPmd before rbl dim._ ca be 111111a a~ widlampay. P:ut-time. benefta elipble employees will r9Cliw dllir raplar pay for rbl namber of boazs rephlriy sc!leduled to work darin1 jury dary . If jury dmy !'Ills oa a pllt-cima employee's C9pllr day off or durin1 a penod of ;ippro• lave. tbe employee will rave III jury dmy complDllllion. Employees will llOl be paid o119ftime or m compenarory mm for time m"led as a juror or a witness. Ovemme is compwed on houn xnaally worbd 0¥11" torty ( 40) houn • rbl wiped job. An employee must mum co wont ~ bein1 emued from jury dury if rblr9 ae more dian two (2) hours left iD their re111larly . scheduled workday . Subject: PURPOSE City of Enclewood Admbdmadft Palley Mlllllal BPJDM ... CIIPalldll Vodn1Leaft To sec form die City's policy oa Vociq Law. SCOPE All City emplo,-. POUCY 1111 City will F* .. la,-waury cia olf widl pay to voa ill paeral md primary eleaions u ...... iD Colalldo Sea Law . Reqand mm off ID.,,. will bl.--ro aa -,io,. by mlir-,.rvisor if: • 1111.....,,.. ii a...paeil vomr. • 1'111111 ii ...m · daa rar dll 1111ployee ro voee oallide bia or i. rap1ar wodaDI baun. AA tmployee ii :M11i1te,wl •..,,. _. •• lilm if dll palll n op111 a toa1 of dine or more comec:mive boars dmiq wtac11 mm• .,1 r.,ee ii• wodaDt tar• C°JlY. • No tertw DOIi r.-,..... pay will bl lllldl rar .amborized cia off to va1a up ro a mubmam of tw0 boun. . .... ,2 Subject: PmlPOSE City of Enclewood Admlaistrath'e Polley Human llesouras Pollcles Unpaid Leaffl of Ablence t(L ; J Establish Cicy pidelines on unpaid laves of~- SCOPE All t'llll-time :md pan-time beaefiu elipble employees . POLICY AluJt twelve mondls or continuous service :md upon approval of tbe department director. in concurrence wirh the Human Resoun::s Ditector. 1t111ployees IDllY be p-ured m unpaid ie:,,ve of ablence of up t0 one ye:ir ror compellin1 personal re::isons not rewed to F:unily ~ law rasoas. All Jec:ued. paid le:ive must be e:dlausted before the bqinnin1 of tbe unpaid lave of DbNnce. Employees on such le:ive do not 3CctUe personal le:ive, :mnwiJ la"Ve or loqlYicy pay. Employees OD uapaid lave of absence are not elipbie for boliday, jury, milimey, fuaera1 or :Mhniaisn:mive IA• When ID employee is oa an unpaid leave of 3i)sence. he/she will main remain di die CllY bealdl and demal illlmllDCe plam. providld !he employee portion of the premium is paid by the employee. The employee IDllY m:iin the benefit acc:ual r:ire they were dipble for a tbe bqinaia1 of the uapaid lave. provided the employee reauns to wort wi!h the City OD lbt, .,_ upon dare. Upon remni. die employee · s hire dme will be :idjustcd if the le:ive has .:.lC:eded thirty (30) calendar days. Tbe dlpanlDlal direc".or. di conc~ce wirh the Human Resources Director. will derermille tbe employee'• miu rwvisw dare . An employee who enpges in odler employmenL includin1 self-employmem. while on offlcia! lave of absence. will be tenninared effective 3S of the last day worted. IIDless prior wrimlD approval bu been obtained from the Human Resources DepamnenL Employees on an 3PPfOVed ie:ive of absence. who fail to repon for wort by die lbst day after die expinaon dare of the le:ive of absence or :i properly ;ipproved exumsion. will be tmminlald from their eraploymant with !he Cicy :is of the last <illy :ictWIJly woriced . City or Englewood Administradve Policy Manual Human Resources Policies Subject: Tuidon Reimbursement Number: 29 Effective Dare: 4-3-00 PURPOSE To encourage the improvement of employee skills ad pnen! educlional level. SCOPE All benefits-.eligible City employees. POLICY Benetits-.eligible employees may panicipare in the Tuition R.eimbursement Propn 3fter they haw: successfully completed one ye:ir of continuous service. 'This proFllffl penaim to p:lded classes :ipplied to Associate. Bachelor. ~l:i.sters. :md Ooctor:ite de~ from :an ;icc:edired institution. Gr:ided. sinpe classes dire-=tly related to an employee 's duties are also eligible for this progr:un. Pus/F:w classes and ce:mic::mons are to be covered by the ffi1Ployee • s depamnent tec!mic::ll lr.linin1 budget. Oqree proa,::uns must be directly rel3ted to the employee · s duties with the City . The IIIIIXimum reimbursement per employee is S 1 J00.00 pe:- c:ile:td:lr ye:ir. Ge:ie::illy, it is the pr.ictice that City time or resources are llOl to be used for x:idemic purposes. • Normal City business hours are IIOl to be used for ¥:ldemic: pwpoaes (unless authorized by the City Mlnapr). • t: se of City equipment < computen. ea:.) is allowed only ~ City buimsl hours. • The use of City personnel for :icdemic purposes is not permissible durin1 wortin1 hours. Full· Tune Employees: • Public Instimtion -100% reimbursement for mition. mocwed mandarory fees and required IUll llp to annual maximum. • Private Instimtion -Reimbursement up to public institution nue for tuition and assoc:im2d !IIIDdauJry fees illld I 00% for required texts for a combined total up to the annual maximum. P:in-T'une Employees: • Public Instimtion • Reimbursement covers tuition. associared mandarory fees and required texts to various le vels based upon the aver3F number of houn worked per weelt. Schedule is as follows : • 30 to 39.9 hours per week · 75'!11 of current full-time employee ma.timum. • 25 to :9. 9 houn per week • 60'!11 of current full-tima employee IIIILWIIWIL • 20 to 24 .9 hours per week· 50~ of current fllll-timl employee IDlltllllUffl. • Pnvare Institution • Reimbursement up to public ilwillltion 1111a ror tuition md usoc:iuld llalda&ory fees: 100% for required teXtS (up to the abow: lllllimwns ). COUNCIL COMMUNICATION Date Agenda Item Subject Case PUD-2001-02 The Shops at Hampden and Logan Planned August 5, 2002 11 a i Unit Development (Safeway PUD) - First Reading INfflATED BY Safeway, Inc. I STAFF SOURCE Tricia Langon, Senior Planner COUNCIL GOAL AND PREVIOUS COUNCL ACTION There has been no previous Council action concerning this matter. PREVIOUS PLANNING COMMISSION ACTION The Planning and Zoning Commission considered The Shops at Hampden and Logan Planned Unit Development at a public hearing on May 7, 2002 . The hearing was reopened on June 4, June 18 and July 2, 2002 for additional testimony. The Commission voted to forward the PUD to City Council with a recommendation for approval with the following conditions: 1. Refueling tanker truck access to the site shall be only from the South Sherman Street access via U.S. 285, and shall be accomplished between the hours of 11 p.m. to 6 a.m. 2. The outdoor garden center accessory use shall be limited to the months of April through July, shall not utilize more than 20 parking spaces, and the layout shall be consistent with the PUD proposed site plan . 3. The shrubbery between the sidewalk and South Logan Street shal~ be of one species, consistent in height and width at maturity, and shall not be of a species that wiR overgrow the sidewalk. A Burning Bush species is suggested. Further, shrubbery and landscaping proposed on the west side of the sidewalk shall be_ moved further west up the slope to provide more grass closer to the sidewalk RECOMMENDED ACTION Staff recommends that Council set September 3, 2002 as the date for the Public Hearing on the pro posed The Shops at Hampden and Logan Planned Unit Development BACKGROUND Fueling facilit ies (service stations) are not a permitted use in the 8-1 Business District The a ppli catio n requests rezoning from B-1 Business District to Planned Unit Development to allow the a ddition of a fueling facility as a permitted principal use and a seasonal garden center as an accessory us to the standard 8-1 zone uses . Galloway, Romero & Associates, representatives for Safeway, Inc ., submitted a prelimiOMY site plan for th e pro posed The Shops at Hampden and Logan Planned Unit Development on April 26, 2001 . Th e preliminary pl a n was presented at a neighborhood meeting on June 26, 2001 , as required by th e PUD O rdinance. Th e formal PUD application was submitted on August 31 , 2001 . The Development Review Team and outside agencies reviewed the proposal. The PUD District Plan and the Site Plan were combined and submitted as one document for consideration by the Planning and Zoning Commission. The site is located at the northwest comer of the intersection of South Logan Street and US Highway 285 and is composed of four parcels totaling 4.33 acres. The site contains the Safeway grocery store, built in 1984, and required parking. The shops to the north of the parking area are not part of the proposed PUD, however, the PUD site does contain 54 parking for these businesses per a previous parking agreement ANALYSIS: The Planned Unit Development is a rezoning process that establishes specific zoning and site planning criteria to meet the needs of a particular development proposal that may not be accommodated within existing zoning ?r development regulations. The 1979 Comprehensive Plan identifies the sites as part of the Central Business District or downtown area. The Downtown Plan's generalized land use plan identifies the site as an area proposed for •medically related development" because of its proximity to the Swedish Medical Center. The fueling facility is proposed in the southeast comer of the site and includes six (6) multiple product dispensers ( 12 gas pumps), an attendant kiosk, and air pump station. A 106 feet by 45 feet canopy that is 20 feet high is proposed over the pumps and kiosk. Motor-related product (i.e. motor oil) and snacks would be sold at the kiosk. The fueling facility is proposed to operate on a 24-hour basis with an attendant available during typical Safeway store hours (6 am to midnight). Areas of concern identified during City review and at Public Heartns included: proposed use, parking, fuel delivery and fuel tanker access. As this First Reading request is to set a Public Hearing date, a complete staff analysis and presentation wiU be provided in the Public Heartns Council Communication. FINANCIAL IMPACT The sale of taxable goods such as motor oil at the kiosk would generate only minimal sales tax revenue. Gasoline sales do not directly generate sales tax revenues for the Oty as revenues are based on a percentage of motor fuel excise tax collected by the State. LIST OF ATTACHMENTS Bill for Ordinance Staff Report Findings of Fact C {' T y 0 F COMMUNITY ENGLEWOOD DEVELOPMENT TO: THRU: FROM: DATE: SUBIECT: Planning and Zoning Commission Robert Simpson, Director, Community Development Tricia Langon , Senior Planner July 2, 2002 Case PUD 2001-02 Con't. Safeway Shops at Hampden and Logan Planned Unit Development APPLICANT /PROPERlY OWNER; Dan Clayton Safeway, Inc. 6900 South Yosemite Street Englewood, Colorado 80110 REQUEST; The applicant has submitted a Planned Unit Development application to rezone the Safeway, Inc. property from 8-1 Business District to Planned Unit Development (PUD) to permit the additional principal use of a fueling station. ' RECOMMENDATION: The Department of Community Development recommends that the Planning and Zoning Commission approve the Safeway Shops at Hampden and Logan Planned nit Development with the following conditions : 1 . Re fueling tanker tru ck access to the site shall be only from the South Sherm an Street acc ess via East Hampden Avenue, and 2. Outdoor garden center accessory use shall be limited to the months of April and July , shall not utilize more than :?O parking spaces, and layout shall be consistent with the PU D proposed site plan . PREVIOUS PLANNING AND ZONING COMMISSION AQIONS; May 7, 2002 : Public Hearing conducted and dosed. Applicant directed to address with Staff a li st of issues and concerns identified by the Commission. Jun e 4, 200 2: Publi c H earing reopened, additional testimony taken, hearing closed . Commission direc ted staff to prepare a recap of justifications for lliO l [n11 lt>,H1t Jd Pa r~"JY En!llt>\\ood Colorado 80110 PH Q l\,E 303--6:!-:?3-I ~ F"X 303--83~895 \\\\\\\I t•m:l,"\\t~f liJ U" t • • 2 approval or denial based on testimony and key issues identified by the Commission during the two public hearings. June 18 , 2002: Applicant requested the case be reopened and continued to July 2, 2002 to provide an opportunity to prepare amended plans and to take additional testimony based on the amended plans. The Commission voted to continue the case to July 2',d . COMPARISON OF PREVIOUS ANO AMENDED PLANS: Galloway, Romero & Associates, representatives for Safeway, Inc., submitted amended plans on June 21, 2002. A formal review of the amended plans by the Development Review Team was not conducted because of the shortened review period created when the hearing was continued to the next Commission meeting. However, representatives of Public Works, Utilities, Fire Division and the Community Development Department reviewed the amended plans. The Public Works and Utilities Departments comments are unchanged from the previous plans reviewed on June 4•h. Fire Marshal Greene's comments are attached to this report. Community Development reviewed the amended plans and provides the following: Amendments to the Plan 1. The fueling facility has been reduced from 8 islands (16 pumps) to 6 islands (12 pumps). 2. The area of the iueling facility canopy has been reduced from 5,940 square feet to 4, i70 square feet. 3. The length of the canopy has been reduced from 132 feet to 106 feet. -l . The parking area directly north of the fueling facility has been redesigned from 1 7 to :w parking spaces. 5. The overall total of proposed parking spaces has increased from 237 to 240 parking spaces . 6. The width of the southern-most drive aisle has been widened from 22 .59 feet to 24 .59 feet. 7. The length of th e parking stalls in the southern-most row of parking has been reduced from 18 feet to 16 feet. 8. The pedestrian crosswalk at the South Grant Street access has been re-aligned per Public Works Department comments . 9. Shrubbery has been added beneath the trees in the parking lot islands west of the fueling facility . Comments : 1. Sheet PUD -1: The amended canopy square footage and percent of area coverage in the PUD Development Summary Table should be adjusted to reflect the amended canop size . 2. Required parking spaces : This should be clarified so that either a minimum number of spaces or an actual pro ided number is determined. On sheet PU0-1 Minimum Off-street Parking states that a minimum of four (4) off-street parl..ing ,. t • • 3 spaces shall be provided for every 1,000 square feet of gross leasable floor area (GLA ). The GLA should be identified in order to establish a minimum number of · parking spaces required for the store . Additionally, reference should be made to the 54 parking spaces required per the parking agreement with the shops to the north , or the 240 provided parking spaces proposed on Sheet PUD-3 becomes the required number of spaces 3. Sheet PUD-3 : Notes state that a standard parking space is 8 feet by 18 feet, while the site plan indicates the typical space is 9 feet wide. On sheet PUD-1, standard spaces are also identified as 9 feet by 18 feet. 4. Sheet PUD-6 : Notes under the Simplified Comparative landscape Summary state that the 29 new trees and 231 new shrubs will be planted on site, while the New Plant Schedule indicates 18 trees and 225 shrubs . 5. The air station should be identified on the proposed site plan. 6 . Two of Staff's original conditions for approval, remain viable (sign issues have been resolved): Refueling tanker truck access to the site shall be only from the South Sherman Street access via East Hampden Avenue and Outdoor garden center accessory use shall be limited to the months of April through July, shall not utilize more than 20 parking spaces as shown on sheet PUD-3 and layout shall be reviewed for traffic and parking impacts . 7. The applicant has submitted a "Zoning Application Review Criteria Analysis H providing justification for the proposal under 16-3-6: Standards for Zoning and Rezoning of the Englewood Municipal Code. This Section pertains to the zoning and rezoning of property, but does not apply in Case PUO 2001-02 . Though this case involves the rezoning of property, it is an application for a Planned Unit Development and thus the Commission is required to apply the standards established in 16-4-15 : Planned Unit Development (PUD) Zone District. The Planning and Zoning Commission is required to make the following findings concerning a PUD application : District Plan I . Th e PUD D is tr ict Plan is, or is not, in conformance with the District Plan req uirements and th e Co mprehensive Plan . ., All req uired documents, drawings, refe rr als, recom mendations, and approvals have b ee n received. 3. The PUD Dis tr ic t Plan is consis tent with adopted and ge n erally acce pted stan dards of developm ent in the City of Englewood. ~. The PUD District Plan is subs tan tially consistent with th e goa ls, objectives, design guidelines, policies .ind any oth er ordinance, law or req uirement of th e Ci ty. 5. Wh en th e PU D D is trict Plan is w ith in th e Englewood Downtown Development Authority (ED D A ) area, the Plan is consisten t with the EDDA approved design s, policie and pl.in . (~: This pr o ision is not applicable because th e EDD A was disbanded ). • • • 4 PUP Sjte Plan 1. The PUD Site Plan is, or is not, in conformance with the District Plan requirements . 2. All required documents, drawings, referrals, recommendations, and approvals have been received. 3. The PUD Site Plan is consistent with adopted and generally accepted standards of development of the City of Englewood. 4. The PUD Site Plan is substantially consistent with the goals, objectives and policies and/or any other ordinance, law or requirement of the City. RECAP QF ISSUES IDENTIFIED AI PREVIOUS HWING$i Based on the amended plans, Staff has edited the recap of previously identified issues to reflect the proposed amendments to the plan (edits appear as bold text): 1. Land Use -addition of a fueling facility principal use and garden center accessory use eRQ PUD allows for flexibility over conventional zoning Fueling station is a convenience to users Kiosk provides limited sales 24 hour operation Garden center limited to April through July Fueling Facility proposed for the least used area of the site W!:i Fueling facility is prohibited in underlying 8-1 zone district If the fueling station was a use-by- right. the PUD request would be unnecessary 1 fueling station within 1 block of site 9 other fueling stations within 1 mile of i.ite barsest slatiefl ifl iAsleweeei witt. 1 i !i*MfiS. Proposal amended to 12 pumps Impacts on north shops: visibility, congested parkin& parking proximity Impacts on existing fueling stations: increases level of competition because it is not a ui.e-by-right • Opposition from nearby fueling station operator Kiosk and canopy decrease visibility of neighboring shops Fueling Facility lacks direct street access -must be reached through a parking lot 5 2. Access f&Q South Logan ingress widened and • 2 egress lanes proposed providing increased "stacking" area for vehicles waiting to exit onto ~ Concern for increase in traffic at the South Logan/US 285 intersection South Logan 3. Parldng f&Q Number of provided parking spaces (237) exceeds City minimum requirement (211) calculated as: grocery buildingl 57, 54 spaces per agreement for north shops, and 20 spaces to be used by the garden center 54 parking spaces required by existing parking agreement are retained Garder center utilizes 20 parking spaces only 4 months of the year Safety -Pedestrian routing - pedestrians access shops through parking lot now as in most lots 4. Fuel Facility/fuel deliwry f8Q State had no issues with location State standards for fueling and • Traffic Study commissioned by the City indicates that the South Logan/US 285 intersection is one of the most heavily traveled with a high accident rate Potential for existing congestion on South Logan increased ~ Proposal relocates a portion of the 54 parking spaces required by the existing parking agreement Decrease in overall number of existing spaces from 293 to ~. Proposal amended to 240 puldna lplal 20 spaces utilized by garden center reduces net parking to ~ spaces during April through July Ametlded proposal provides 220 net available putdng spaces Safety -pedestrian must access shops through the parking lot Wli • Tanker turning movements from South Sherman Street are limited Proximity to Litde Ory Creek spillage controls Tanker access is restricted on PUD to using South Sherman Street entry and exit S. Landscaping fRQ Increased quantity of landscaping raises concerns about leaks or spill reaching the waterway Tanker circulation route through parking lot increases overall congestion on site Hours: fuel delivery during peak business hours could increase congestion and risk of fuel spill Deliveries to the north shops must occur prior to 10 am and limits time for tanker delivery ~ Trees along South Logan may block view of shops to the north "Bare island" look where some islands are landscaped with trees only Shrubbery has been added to these illand1 South Logan Street • channel effect created with landscaping on both sides of the sidewalk Pedestrian safety 6 Numerous additional minor issues were also identified and discussed during the Hearings including an increase in City sales tax from the fueling facility. It should be noted that any increase would result only from the sale of taxable goods such as motor oil at the kiosk. Gasoline sales do not directly generate sales tax revenues for the City. Revenues are based on a percentage of motor fuel excise tax collected by the State. Attachments Memo: Ben Greene, Fire Marshal Documents submitted by applicant: Revised Safeway PUD plans Responses to Statements Made In "The impacts of Safeway Gas Station" Existing Parking and Access Easement Proposed Parking and Access Easement Parking Lot Audit Zoning Application Review Criteria Analysis • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE i\lA TIER OF CASE #PUD 2001-02 FINDINGS OF FACT, CONCLUSIONS ) . .\..'ID RECOMMENDATIONS RELATING ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION TO THE SAFEWAY PLANNED UNIT DE-) VELOPi\lE~T, 3S7S SOUTH LOGAN STREET) INITIATED BY: Dan Clayton Safeway, Inc. 6900 S. Yosemite Englewood, CO 80112 ) ) ) ) ) ) ) This public hearing on this matter before the City Planning and Zoning Commission was opened on '.\fay 7, 2002, continued to June 4, 2002, funher continued to June 18, 2002, and funher con- tinued to July 2. 2002, in the City Council Chambers of the Englewood Civic Center. :\fav 7. 200::! Commission Members Present: Commission :\,(embers Absent: June~-2001 Commission :\kmbers Present: Commission \kmbers Absent : June 1 • 2002 Comm1ss1on :\!!embers Present : Commission :\ikmbers Absent: Julv ::!. 2002 Commission :\,!embers Present: Commission \!embers Absent: Mueller, Parks, Roth, Schum, Welker, Krieger, Willis Lathram. Waggoner Mueller, Roth, Schwn, Willis, Krieger, Waggoner Lathram. Parks , Welker Krieger. Parks, Roth, Schwn. Welker, Wagoner Lathram. Mueller. Willis Roth. Schum, Welker, Willis, Mueller, Wagoner Krieger. Lathram, Parks Testimony was received from staff. from representatives of the applicant, and from opponents . The Commission received notice of Public Hearing, the StatTRcpon, a letter in support oftbe proposal from :\lanaging Member Becky of Bonbeck HL LLC, a leuer of opposition &om Ali Poo zeshi. and a parking report prepared by "Concem.:d Citizens & Merchants", which were in- corporated into and made a part of the record of the Public Hearing. The Commission also re- cei\ ed j re\ ised s1te:development plan and supporting information fiom the applicant for consid- er;.u ion Jt the July 2, 2002 meeting . • • • After considering the statements of the witnesses, and reviewing the pertinent documents, the members of the City Planning and Zoning Commission made the following Findings and Con- clusions. FINDINGS OF FACT I . THAT application for the Safeway Planned Unit Development was initiated by Safeway, Inc ., filed August 30, 2001. 2. THAT public notice was properly given by publication in the Englewood Hmhl on April 19. 2002. Four signs were posted on the property setting forth the date, time. and location of the Public Hearing. 3. THAT testimony was received from Planner l Donnelly, and from Senior Planner Lan- gon, regarding the proposed development of a fueling station in conjunction with the ex- isting Safeway Store, landscaping, parking, access and pedestrian and vehicular traffic circulation patterns . ~-TH..\ T testimony was received from John Beauparlant. of Galloway, Romero & Associ- ates . on behalfofSafeway. Inc . regarding the proposed fueling station, routing of tankers servicing the fueling station. parking spaces lost by location of the fueling station/kiosk. commitment to provide parking spaces to retail outlets on the north perimeter, landscap- ing, lighting, signage. and pedestrian and vehicular circulation patterns. Mr. Dan Clay- ton. real estate manager for Safeway, testified on behalf of Safeway regarding marketing analyses and competition strategies for k'I'Ocery businesses. 5. TH.-\ T testimony was received from Mr. Dan Jensen. Mrs. Brenda Jemen, Mr. David Lawrence. :\-Is . Afton Ljwrence. Mr . Mike Niknan, Mr . Al Poozeshi and Mr. Loren Burle regarding loss of parking, or relocation of committed parking spaces, and impact of the proposed fueling station on existing businesses. 6. THAT Fire Marshal Greene testi lied to his concems regarding location of the fueling sta- tio n and lo catio n/servicing of underground fuel storage tanks. CONCLUSIONS I . TH..\ T the propo sed Safeway Fueling Station PUD was broupt before the Planning & Zoning Commis sion upon applic:ition filed by Safeway. Inc. ., TH.-\ T no tice of the Public Hearing was properly given by publication in the official City news p:ipe r. and by proper posting of the property. 3. THAT testimony received from staff members, applicant representatives, and general public who spoke in opposition to the proposal was made part of the record of the Public Hearing . 4. THAT the proposed Safeway Fueling Station PUD is found to be in compliance with the Comprehensive Zoning Ordinance and the Comprehensive Plan. 5. THAT the proposed Safeway Fueling Station PUD does meet requirements of the PUD District Plan. 6. THAT the proposed Safeway Fueling Station PUD does meet requirements of the PUD Site Plan. DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that the Planned Unit Development requested by Safeway, Inc. for propeny at 3575 South Logan Street, be rec- ommended to the Englewood City Council for approval. The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on July 2. 2002, by Welker, seconded by Mueller, which motion states: Welker moved: Mueller seconded:, Case #PUD 2001-02, the Safeway PUD, be recommended to City Council for approval. with the following conditions: I . Refueling tanker truck access to the site shall be only from the South Sherman Street access via U.S. 285, and shall be accom- plished between the hours of 11 p.m. to 6 a.m. ., 3. The outdoor garden center accessory use shall be limited to the months of April through July. shall not utilize more than 20 park- ing spaces. and the layout shall be consistent with the PUD pro- posed site plan. The shrubbery between the sidewalk and South Lopn Street shall be of one species, consistent in height and width II nwurity, and shall not be of a species that will overgrow the sidewalk. A Burn- ing Bush species is suggested. Further, shrubbery and landscapin& proposed on the west side of the sidewalk shall be moved funbcr west up the slope to provide more arass clOICr to the sidewalk AYES : NAYS : ABSTAIN : ABSENT : Welker, Willis, Schum, Waggoner Mueller, Roth None Krieger. Lathram, Parks H GROl.P OO ARDS'J'L..\NCOMM f,nJ,np f,nJ,np ~00!\FOF S.UC..ay ,t;O !001~ iioc 3 • • " The motion carried . These Findings and Conclusions are effective as of the meeting on July 2, 2002 . BY ORDER OF THE CITY PLANNING & ZONING COMMISSION ~~'5 < . '· ORDINANCE NO._ SERIES OF 2002 BY AUTHORITY A BILL FOR I J IA i COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE APPROVING THE PLANNED UNIT DEVELOPMENT (PUD) FOR THE SHOPS AT HAMPDEN AND LOGAN PLANNED UNIT DEVELOPMENT, IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Dan Clayton, Safeway, Inc. submitted The Shops At Hampden & Logan PUD application to rezone the Safeway, Inc. property from B-1 Business Diatrict to a Planned Unit Development (PUD) to permit the additional principal use of a fueling facility; and WHEREAS, the subject site ia located at the northwest corner of the interaection of South Logan Street and US Highway 285 and ia comJ)OIMICl of 4 parcels totaling 4.33 acres; and WHEREAS, the site contains the Safeway grocery atore, built in 1984, and required parking; and WHEREAS, the shops to the north of the parking area are not part of the propoeed PUD, however the PUD site doea contain M parking apace, for theae buaine-per a previous parking agreement; and WHEREAS, the 1979 Comprehensive Plan identifiu the site u part of the Central Buaineaa Diatrict or downtown area; and WHEREAS, the propoeed fueling facility in the aoutheaat corner of the site includee six (6) multiple product diapenaera (12 gu pumpa), an attendant kiou. and air pump etation. with a 106' by ~· canopy that ia 20' hip propONd owr the pumpa and kiou; and WHEREAS, the propoeed fueling facility ia to operate on a 24-hour buia with an attendant available during typical Safeway atore houra (6 am to miclmcht); and WHEREAS, the application requeata NIOllllll from B-1 Buaineea Diatrict to a PUD to allow the addition of a fuelin1 facility aa a permitted principal uae and a aeilaonal garden center u an acceaaory use to the atandard B-1 sone uaea; and WHEREAS. fuelins facilities (aervice atationa) are not a permitted uae in the B-1 Bueineaa Di,trict; and WHEREAS, the Enslewood Plannins and Zonins Commif,;..ioo held a Public Heannp on May 7 , 2002, June 4. l002, June 18. 2002 and July 2, 2002 beard teat i mony and reviewed the application; and • I • • • •, . . . . WHEREAS, the Englewood Planninr and 1.oning Commisaion recommended approval with additional conditio11.1 to the PUD; NOW, THEREFoRE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $cc;tipp l. The Planned Unit Development attached u "Exhibit A· Cor The Shopa At Hampden & Lopn PUD at the location of northweet corner of the intenec:tion of South Lopn Street and US 285 ia hereby approved with the li:>llowing conditio11.1: 1. Refueling tanker truck aeceae to the aite aball be only from South ShenlUUl Street 8CCNa via U.S. 285, and aball be accompliabed between the houn ol 11 p.m. to 6 a.m. 2. The outdoor prden center acceaeor, -•hall be limited to the maatha of April throu,h July, aball not utilia IIIOl'e than 20 parkiq apame, and the layout aball be conaiateDt with the PUD pl'Ope)Nd aite plan. 3. The abrubbery between the lidewalk and South Lopn Stnet •hall be of one apec:iN, conaiatent in heifht and width at maturity, and aball not be of a apec:iN that will Oftlpow the lidewalk. A BUl'llinJ Bub apec:iee ia aua-teci. Further, abrubbery and landac:apiD( propoeed OD the weat aide of the lidewalk aball be mOftd further wen up tbe alope to provide more ll'ua cJo.er to the aidewalk. Introduced, read in full, and puaed OD fint nadiD( OD the 5• clay of AIIIUR. 2002. Publiabed ae a Bill Cor an Ordinance on the 9th clay of Aucuat, 200l. A1TEST: Loucriahia A Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk al the City of Eqlewood, Colorado, benby cntify that the above and Coreaom, ia a true copy of a Bill Cor an Ordinance, introduced, read in full, and paeaed on fint readiD( on the 5th day of Au,uat. 2002. -2- BACKGROUND _...._ ______ .,.._.__,-~ .... ___ ... _ _,, ·------· -·------... ---....... -.... -...-..... _ .. ,....,. ... --..-,--------...-------_ ..... ---..-.-----... .... -..... -·-----.·-.-.,..., ---------------,.__ ______________ ..,_ ,, __ .. ______ ......... -----------------·-·~ ==~:---·---.-t----.-.. _ .. ______ ,.... ___ .... ------.-..-.... -..... ---~ -----·-·------·----..----~---~ PUD DISTRIC T PLAN REGULATIONS -.o.-. ........ ---...... ··---.. ---~ ---------.. ----.. _____ ._ ......... ___ ... __ ._ .. ,,--... ------·-- ·--, __ !=---=-~ ·--,_....,.. _ _._ ,~-·-·--:.-::::. ··---------\J ____ _ ~~-=~-=----,, -...,,.._...,._._ : ==.:_---=-:. = ~ 4:.,_ ,·~--n __ .. __ ::..:-..:.--· ·--::=-=-"''-·--.... -----.... ------. .. -...-··--)• r-..--------··----;:::::..==··---... 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I I a = --=.,r- ocao --- Q ·-- • ~ ·----. ..,._~--- ... r ·--··-.. .,,..........___ __ _ IIJIIIY,'l".'"loal:::."'f IJ,Jlllll.R(9"'.''I.=:... i!Prl'.lfilr~~ ~"\:'.f.:S,,,.. aEP!f.l.ilC.'Dr-='.111!= .,....:i...---~ z.z:r;r.,-:-.:.:. -n=..-,,,,. . IIIR.P,-.:tS= .. 2-~.-.------ ll!IIF (IP.BI~.r\Vi;.. &:.&11'.:.V-·--- 1a:rr......,..· ·-. ·-··--- ------N'tir---UIT --.. Jin'" ... '::. 1W • SP-J • ORDINANCE NO ._ SERIES OF 2002 BY AUTHORITY A BILL FOR COUNCIL BILL NO . 30 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO AUTHORIZING AND APPROVING THE LEASE-PURCHASE OF COMPUTER HARDWARE AND OPERATING SOFTWARE FOR THE CITY PROVIDING DETAILS IN CONNECTION WITH THE LEASE-PURCHASE OF THE SAME, AND DECLARING AN EMERGENCY. WHEREAS, the City of Englewood, Colorado (the "City"), is a home rule municipality of the State of Colorado (the "State") duly organized and operating under the Home Rule Char er of the City (the "Charter") and the Constitution and laws of the State; and WHEREAS, pursu1U1t to Section 30 of the Charter, the City Council of the City (the "Council") bas al. municipal legislative powers as conferred by general law, except as provided by the Charter; and WHEREAS, following the bidding procedures set forth in Section 113 of the Charter, the Council approved oontracta with various vendors for the acquiaition of computer hardware and operating aoftware compriain& the enterprille reaource planning Project (also known aa the IBIS or "improvinc buaine81 improvinc eervice" Project and defined herein as the "Project"); and WHEREAS, meetings held on April 15, 2002 and on May 6, 2002, the Council approved reaolutions to reimbune the City for all or a portion of auch capital expendituree incurred or to be incurred in relation to the Project; and WHEREAS, various componenta of the Project have been and are in the procese of being acquired by ~ City; and WHEREAS, pursuant to Section 31-15-101 of the Colorado Revised Statutes, the City baa the power to leaee-purchue peraonal property and the Council desires to spread the coat of acquiring the Project over a period not to exceed six years through the lease-purchase of the same ; and WHEREAS, the City has received a proposal from ABN AMRO Financial Services, Inc., Chicago, Illinois ("ABN AMRO") to efl'ect the leue-purchue of the Project at a net effective interest rate not to exceed 4.50% per annum, u more fully set forth in the lease documentation prepared by ABN AMRO (the "Leue Agreement") under which the financial obliption of the City shall constitute currently budgeted expenditures of the City; and WHEREAS, the Lease Asreement is to become eifective on a date within thirty days following the date of adoption of this Ordinance on aecond readiq ("the Closing Date"); and -1- .:.,, .. •. • t • ... COUNCIL COMMUNICATION Date Agenda Item Subject August 5, 2002 11 a ii A bill for ordinance authorizing and approving the lease-purchase of computer hardware and operating software, telecommunications equipment, and nolice lanton C ·- Initiated By Staff Soma City of Englewood, Finance and Administrative Frank Gryglewicz, Director Services Deo.artment COUNCIL GOAL AND PRMOUS COUNCIL ACTION The City Council has discussed the Improving Business Improving Service (IBIS) Project implementation and financing on numerous occasions with Qty staff. City CouncH passed two reimbursement resolutions regarding the IBIS Project, Resolution 49 Series of 2002 on April 15, 2002 and Resolution Sl, Series of 2002 on May 6, 2002. RECOMMENDED ACTION Staff re commends the City Council approve the attached emergency bill for ordinance. BACKGROUND, ANALYSIS, AND AllEINAllVES IDENTIFIED This bill for and ordinance is being passed as an emergency ordinance to preserve the Interest rate offered by ABN AMRO. This lease-purchase Is segmented by the functional lives of each asset. The telecommunications and police laptops are three-year assets; and the computer hardware, software, and related support and subscriptions are five-year assets. FINANCIAL IMPACT This action preserves a blended interest rate of 4.11 percent The biannual principal and interest payments for the first thr ee years are $135,889.51 ($271,779.02 per year). The biannual principal and interest payments for years four and five are $89,483.63 ($178,967.26). The total principal paid will be $1 ,062,879.15 and total interest paid will be $110,392.42. Total payments over the five-year term will be $1 ,173,271 .57. LIST OF ATTACHMENTS Proposed bill for an ordinance ORDINANCE NO ._ SERIES OF 2002 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO AUTHORIZING AND APPROVING THE LEASE-PURCHASE OF COMPUTER HARDWARE AND OPERATING SOFTWARE FOR THE CITY PROVIDING DETAILS IN CONNECTION WITH THE LEASE-PURCHASE OF THE SAME, AND DECLARING AN EMERGENCY. WHEREAS, the City of Englewood, Colorado (the "City"), is a home rule municipality of the State of Colorado (the "State") duly organized and operating under the Home Rule Charter of the City (the "Charter") and the Constitution and laws of the State; and WHEREAS, purauant to Section 30 of the Charter, the City Council of the City (the "Council") has all municipal legislative powers 88 conferred by general law, except as provided by the Charter; and WHEREAS, following the bidding procedurea aet forth in Section 113 of tha Charter, the Council approved contrac:ta with varioua vendon fbr tha ac:quiaition of computer hardware and operatinc IOftware compriain& tbe enterpriae l'NO\ll'C8 • -~ planning Project (alrLknow u the IBIS or "imprerin11ubftt9P:1l)J ello£bJP•ine• 1 f"Y:.~:· u4. ~ I ,improving aervi~"l'roject and defined herein 88 tha "Projec:tj; end ~ .~. WHEREAS, meetings held on April 16, 2002 and on May 6, 2002, tha Council approved reeolutiona to reimbune the City for ell or a portion of auch capital expenditures incurred or to be incurred in relation to tbe Project; and WHEREAS, varioua componenta of the Project have been and are in the proceae of being acquired by the City; and WHEREAS, purauant to Section 31-16-101 of the Colorado Reviaed Statutes, the City has the power to leaae-purchue personal property and tbe Council deairea to spread the coat of acquiring the Project over a period not to exceed aix yean through the lease-purchase of the same; and WHEREAS, the City baa received a propoeal &om ABN AMRO Financial Services, Inc., Chicago, Illinois ("ABN AMRO") to effect the leaae-purchue of the Project at a net effective interest rate not to exceed 4.60% per annum, 88 more fully s et forth in the lease documentation prepared by ABN AMRO (the "Lease Agreement") under which the financial obligation of the City ahall conatitute currently budgeted expenditures of the City; and WHEREAS, the Lease Agreement is to become effec:tive on a date within thirty days fo llowing the date of adoption of this Ordinance on aecond readina ("the Clos ing Date"); and -1- <• ' ... • • ·;:.·. .. · • • WHEREAS, the Council is desirous of authorizing and directing the transaction described above; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $ection 1. Appl'QYJll pf Conyeyanc;e pf Project ComP9PCnta. The City Council hereby approves of the aale of, and conveyance of title to, the component. of the Project acquired by the City aa of the Closing Date to ABN AMRO, or to ita deaignee, for an amount equal to the actual coat for such components (which amount represents reimbursement to the City for funds which the City baa advanced). $ectipn 2. Appl'QYJll pf I41ay Amcment The Lease Agreement, in substantially the form and with substantially the content presented to the City for the leaae- purchaae of the Project and available for City Council review prior to final reading of this Ordinance, is in all respects approved, authorized and confirmed. The aggregate principal component of the Lease Agreement shall not exceed $1,300,000 . Se!;tipn 3. E1ns;µtipn and P@llima pf Dg;µmenta. The Mayor or, in the abaence thereof, the Mayor Pro Tem is hereby authorized and directed to e:uc:ute the Lene Agreement, and the signature of the Mayor or Mayor Pro Tem ahall conclusively determine the valid execution of the Lease Agreement by the City. Additionally, the Mayor, other offi.ciala and employeea of the City are hereby authorized and directed to execute and deliver for and on behalf of the City any and all additional agreements, certificates, documents and other papers and to periorm all other acts that they may deem neceau.ry or appropriate in order to implement and carry out the transaction authorized and contemplated by this Ordinance, including but not limited to an Internal Revenue Service Form 8038-0. $ection 4 Declan,tjpne and Fjndjnp. The City Council hereby determinea and declare, that the rental payments under the Lease Agreement (when calculated at the interest rate, term and amount authorized herein (the "Rental Paymenta") represent the fair value of the use of the Project, and that the Prepayment Price ·(as defined in the Lease Agreement) represents the fair purchaee price of the Project. The City Council hereby determines and declares that the Rental Paymenta do not exceed a reasonable amount ao aa to place the City under an economic or practical compulsion to appropriate moneys to make payments under the Lease Agreement or to exercise its option to purchase the Project pursuant to the Lease Acreement. In making such determinations, the City Council has given conaideration to the current market value of the Project, the cost of acquirinJ, cooatructiD& or equipping property similar to the Project, the option of the City to purchase the Project, and the expected eventual vesting of full title to the Project in the City. The City Council hereby determines and declares that the duration of the Leaae Acreement, including all optional renewal terms, authorized under this Ordinance, does not exceed the weighted average useful life of the Project. $ectipn 5 . B1nk-Q111hfted Pewcrninetjpn. The City hereby deai111&tes the Lease Agreement aa a "qualified tax-exempt obligation" for purposes of Section 266(b)(3) of the Internal Revenue Code of 1986, aa amended. -2- Sec;tion 6. Ob)iptiona pf the Cjty. No provision of this Ordinance or the Lease Agreement shall be conatrued aa creatma or conatitutin, a pn.eral obligation or a multiple-fiscal year direct or indirect indebtedneu or other &nancial obliption whatloever of the City nor a mandatory payment obligation of the City in any ensuing fiscal year beyond any fiacal year durinc which the Leue Agreement •hall be in effect. Sec;tion 7. B,tjfi91tjgp of Prior Actim•. All actiona bentobe taken (not inconaiatent with the proviaiona !!! tbia OrdiDancl) by the City Council or by the of&cera and employeea of the City reprdiq the acquiaition or leaae-purchaae of the Project, or directed toward aatiafaction of the City'a obligationa under the Leue Agreement, are hereby ratified, approved and confirmed. Ses;t:igp 8. 5ftm:ahjljty It ia hereby uprw)y dec:lued that all proviaiona hereof and their application are intended to be and are aeverable. In order to implement such intent, if any proviaion hereof or the application thereof ia determined by a oourt or adminiatrative body to be invalid or UDeJdbrceable , in whole or in part, auch determination ahall not a&et, impair or infflidate any other proviaion lmeaf ar the application of the proviaion in quNtion to any other situation; and if any prcmaian hereof or the application thereof ia determined by a court or adminiatrative body to be valid or enforceable only if ita application ia limited, ita application shall be limited u required to moat fully implement its purpoae. S@c;tjpp 9. But1Iv-All ordinaw, or parta tbenot iDCODaiatent or in conflid herewith are hereby repealed to the utent oa]J of auch iDconaiateDcy or oonflict. Ses;t:igp 1 o. Pm;laptjgp pf Brnernnsr. The City deeirea to obtain a locbcl-in intereat rate relatma to the leue-purcbue of the Project and to be reimbuned b- Project coeta prior to the end of Aupat 2002. ID order to l8C\lft tbia locbd·in rata to prevent a riak an iDcreaae in interHt ratea and to e5'ct auch nimburNment, tho Council hereby finds and determinaa that thia Ordinance ia nemaaar, lbr the immediate preaervation of public property, bealth, peace and aalety and •hall be in full force and effect immediately upon 6nal puaap by the Council. Introduoed, read in full, and puaed on &rat readiq aa an emerpncy ordinance on the 1>• day of Aucuat, 2002. Published aa an Emerpncy Bill for an Ordinance on the 9th day of Aucuat, 2002. Beverly J. Bradshaw, Mayor ATTEST: Loucriahia A. Ellis, City Clerk -3- I, Loucriabia A. Ellil, City Clerk of the City of Eaf)ewood. Colorado, hereby certify that the above and fonaoinl ie a true copy al an Bmnpaq Bill b an Ordmance, introduced, nad in full. and paued on fim readinf on the 6* clay al Au,uat, 2002. -4- COUNCIL COMMUNICATION Date Agenda Item subject August 5, 2002 11 a iii Proposed Bill for an Emergency Ordinance Authorizing the Issuance of Bonds for the Parks and Recreation Aauatics Parle Proiect Initiated By Staff Source Department of Finance and Administrative Services Frank Cryglewlcz, Director - COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council has discussed this project at numerous meetings over the past three years. The citizens of Englewood approved issuance of $12,800,000 of general obligation bonds at the election held November 6, 2001 . The City issued $5,810,000 of the bonds in 2001. RECOMMENDED ACTION Staff recommends Council approve the attached bill for an emergency ordinance authorizing the issuance of $6,990,000 in general obligation bonds. BACKGROUND, ANALYSIS, AND ALlHNATM:S IDENTIRED The City of Englewood Charter requires a majority affirmative vote of the registered electors to Issue general obligation debt (Artide X, Part Ill, Section 104). The registered voters approved Issuance of $12.8 million in general obligation bonds for constructing an aquatics park, and improvements to the Malley ' ior and Recreation Centers. The bonds were issued in both 2001 and 2002 to take advantage of "bank qualified" provisions in the federal tax code. This proposed bill for an ordinance is being presented as an emergency to preserve the interest rates on the bonds. Second reading of this bill for ordinance will be August 19, 2002 and the 30- day referendum period will not be required per changes to City Charter Section 41 approved by citizens at the election held November 6, 2001 . FINANCIAL IMPACT This action should not have a direct impact on the City's financial condition, as the proceeds of these bonds will pay for both project and issuance costs . A separate levy will be assessed to properly owners In the City for debt payment. UST OF ATTACHMENTS Proposed bill for an emergency ordinance .. t • • ORDINANCE NO . SERIES Of 2002 BY AUTHORITY A BILL FOR COUNCIL BILL NO . 39 INTRODUCED BY COUNCIL MEMBER~~~~~~ AN ORDINANCE AUTHORIZING TIIE ISSUANCE BY THE CITY OF ENGLEWOOD OF ITS GENERAL OBLIGATION BONDS, SERIES 2002, FOR TIIE PURPOSES APPROVED AT nlE CITY'S ELECTION ON NOVEMBER 6, 2001, AND AUTHORIZING THE LEVY OF PROPERTY TAXES TO PAY SUCH BONDS; PROVIDING TIIE FORM OF THE BONDS AND OTIIER DETAILS IN CONNECTION 11fEREWITII; APPROVING DOCUMENTS RELATING TO THE BONDS; AND DECLARING AN EMERGENCY. WHEREAS. the City of Englewood. Colorado is a municipal corporation duly orpnized and operating m a home-rule city under Article XX of the Constitution of the Swe of Colorado and the Cba1er of the City (unless otherwise indicated. capitalized terms used in this preamble shall have the meanings SCI fordl in Section I of this Ordinance); and WHEREAS, punuant to Section 104 of the City Charter. the City is aulborized to issue pnera1 obligation bonds for any public capital purpose, subject to obtaining voter approval of a ballot question autborizin& such bonds ; and WHEREAS, at an election on November 6, 2001, the following ballot question (lhe MBallot Question") was approved by a majority of the eligible electors of the City voting on the Ballot Queslion: SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED UP TO $12,800,000, Wint A MAXIMUM REPAYMENT COST OF UP TO S2S.700.000. AND SHALL CITY TAXES BE INCREASED UP TO $1,300,000 ANNUALLY FOR THE PURPOSE OF . •_EXPANDING AND IMPROVING THE MALLEY SENIOR CENTER, •_EXPANDING AND IMPROVING THE ENGLEWOOD RECREATION CENTER, •_CONSTRUCTING THE BELLEVIEW PARK FAMILY AQUATIC CENTER. AND TO THE EXTENT MONEYS ARE AVAILABLE ACQUIRING, EQUIPPING AND CONSTRUCTING RECREATION IMPROVEMENTS WITHIN THE CITY. BY THE ISSUANCE AND PAYMENT OF GENERAL OBLIGATION BONDS. WHICH SHALL MATURE. BE SUBJECT TO REDEMPTION, WITH OR WITHOUT PREMIUM. AND BE ISSUED. DA TED AND SOLD AT SUCH TIME OR TIMES , AT SUCH PRICES (AT . ABOVE OR BELOW PAR) ANO IN SUCH MANNER AND CONTAINING SUCH TERMS. NOT INCONSISTENT HEREWITH. AS THE CITY COUNCIL MAY DETERMINE; SHALL AD VALOREM PROPERTY TAXES BE LEVIED IN ANY YEAR. WITHOUT LIMITATION AS TO RATE OR AMOUNT OR ANY OTHER CONDITION. TO PAY THE PRINCIPAL OF. PREMIUM. IS ANY, AND INTEREST ON SUCH BONDS ; AND SHALL THE EARNINGS ON TIIE INVESTMENT OF THE REVENUES Flt.OM SUCH TAXES AND OF THE PROCEEDS OF SUCH BONDS (REGARDLESS OF AMOUNT) CONSTITUTE A VOTER -A PPROVED REVENUE CHANGE ? l)].IJ9J9j 1)/ • • :. .. · WHEREAS, the Council previously issued its General Obliprion Bonds, Series 2001 in the ~ principal amount of $5,810,000 and ha determined that it is in the best interests of the City and its residents to issue the remaining principal amount of general obligation bonds at this time fir the purpose of providing lbe remaining funds to tinanc:e the Project: and WHEREAS, on the date of issuance of the Series 2002 Bonds, the amount of bonded indebtedness will not exceed 3% of die latest actual valuation for assessment of the City; and WHEREAS, the Council ha been presented with a proposal liom George K. Baum & Company, m Denver, Colorado, for the purchue of the Bonds upon specified terms and condilions and. lier consideration, lbe Council ha detennined that the negotiated sale of the Bonds to said company is ro the best IIMlltap of the City; and WHEREAS, Section 41 of the City Charter pennits the use of an emergency ordinance fir ordinllnc:es incurring indebtedness where the City hu received prior voter approval and tbe Council has determined that lbe declaration of an emergency for this Ordinance is necessary, within the manin& of Section 41, in order ro pennit lbe City to obtain the lowest interest rates possible; and WHEREAS, the City Council desires to audlorize the issuance and sale oftbe Bonds and, a provided in Title 11, Article 57, Part 2, C.R.S., deleple the authority to the Director of Finance and Aclminislnlive Services to detenn inc certain provisions of the Bonds to be set forth in the Sale Certificare. in aa:udlrice with the provisions d this Ordinance: therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Sectioa I. Deflllltlou The following terms shall have the followma -inp • used in this Ordinance: "Act" m-, Pan 2 of Anicle 57 of Title 11, Colorado Revised Stalllla, 11 amended, or aay 1UCCa1011 Stallltes thereto. "Ba/IOI Quation~ means the ballot question approved by City votms quoced and deflaed u such in lbe pre:imbles hereto . .. Bank .. means The Bank of Cherry Creek, a branch of Westall Naiaaal Blllk in Denver, Colondo, or its successor. a national banking association duly orpniDd and exisliaa mdlr die laws of the United StlllS (f America. being .i member of the Federal Deposit lnsunnce Corporation. and haYina full and complete trust powers. "Bond Ac,:ount" means the account established ~ the provisions baeof" to account for the moneys Ir which a separate tax levy is m.ide to sarisfy the oblipaions of the Bonda. 1be 8-s Account shall be a subsidiary account of the appropriale fund or xcount of the City and ....-1y ~ lbr by die City in IICCOrdlnce with the provisions hereof. "Bond Coiuuer means (.i) .is of the dale of issuance of the 8ollds. KUiak Rock LLP. and (b) u of my other date, Kulak Rock LLP or such other llftomeys selected by the Cicy widl llllionally recopiDd expertise in the issuance of municipal bonds. "Bond lnsW01tCe Policy" means the municipal bond ~ policy ilaed by die Bond i-inania the payment when due of the princip:il ol° and intnat on the Bollds as pnmdld lblrein. "Bond lnsurrr"' means MBIA lnsur:ince Ccxpol'llion. or any --__,_ "BondObligatwn" me311S, u of any dale. ht principal--oldie 8aadl Olalllldilll a oflUCh dire. For purposes of the Sections hereof titled "Remedies b E¥91111 of Ddiill" • •1t.a dr• of~" Bond Obli&lllion s hall be deemed 10 include the -payable on the _.....,... c..-, • • bib la .. Scion O!,/ 19J9j Ill • • hereof titled "Bond and Registered Coupon Details," which has not been paid as of the dale on which such Sections are being applied . "Bond Purchuse A,:rn-nt" means the Bond Pun:hae Apeement, pursuant to which die City has ..- to sell and the Underwriter has agreed to pun:hase the Bonds It the prices and on the terms set fonh lberein. "Bonds" and "Series ZfJ(}2 Bonds" means the Bonds authorized by die Section hereof titled "Authorization 111d Purpose of Bonds." "Businas Duy" means any day other than (a) 1 Saturday or Sunday or (b) a day on which bankin& institutions in the SWc are authorized or obliaated by law or execlllive order to be closed for business. "Charter' means the home rule Chaner of the City. "City" means the City of Englewood. Colorado. and any successor thereto. "Code" means the Internal Revenue Code of 1916, as amended. Each refirence to a section ~ the Code herein shall be deemed to include the United S111es T.-ry Rqulalioas prop«-i or in dct lbeiemlder and applicable to the Bonds or the use of proceeds thereof, unless the conlat clesly requires odlerwile. "C Olflmit-," means that certain offi:r to issue the Bond IIIIUl'IIICC Policy issued by die Bond lmurer. "Councir means the City Council or the City. "Collnty'' means Arapahoe County, Colorado. "Daled Date" means the original dared dale ror the Bonds u established in the Sale Certificate. "Defeu.rcnce Securities" means bills. c:cnific:as of indebledness, IIOlleS, bonds or sinils IICUrilies wbich are direct. non-callable obligations or the United SIiia of America or which n ftdly 111d uncoadiliamlly ....-. u to the timely payment of principal and intcml by the United S111111 of Amlrica, to the mdlllt suc:b ilnmmmll are Perm iaed Investments . "DTC" means The Depository Trust Company. New York. N.w York. and its -in ..... and assigns . "DTC 8/anlcet lem:r "f Re~ntUliuns" means the lener of ,epwumions ltam the City ID DTC to induce DTC 10 xt :is securities depository for the Bonds . "Event of Default'' me:111s any of the events specified in the Section hereof tided "EVfflb ofDelault." "Interest Puymi.:nl Out,:-me:ms e:ich June I and December I. comnmicina on the dale set blla iD die Sale Cenific:ite . ''Offk 1al SIU1emttnt'' me:111s 1he tinal Otflcial SWr.ment relalina to the Bonds. "Outstanding" means . llS of any date. :ill Bonds issued and delivend by die City , exc:epc die f'ollowllls: (:i) any Bond QIICellcd by the City or die l'llyina Apnt. or odlerwill on die City's ....at at or before such dme : (b) any Bond held by or on behalf of the Ciry : (c) any Bond tor th.: payment or the redemptioa of which IW)'S or D G Slcailill sufficient to med ;ill l)fthe poymen1 requirmnema ofllN principal ol. ....-. ray, ad ..._ • 111111 Bond 10 th.: date of m3lllrity or prior redemption ....,., 111111 law ....._ .,._ cllpolilld ia ...... such purpose in xcordan.:c with the Seaion henof' tided -Deflaace•; ..a nJ.//9JPJ fl/ 3 -=• • 0. (d) any lost, apparently destroyed, or wrongfully taken Bond in lieu of or in substitution ir which another bond or other security shall have been executed and delivered. "Owner" means the Person or Persons in whose name or names a Bond is registered on the registration books maintained by the Paying Agent pursuant hereto. "Paying Agent" means the Bank and its successors in interest or assigns approved by the City. "Paying Agenl Agreement' means an agreement between the City and the Paying Agent concerning the duties and obligations of the Paying Agent with respect to the Bonds. "Permitted Investments" means any investment in which funds of the City may be invested under the Charter and the laws of the State at the time of such investment, subject to any limitations which may be set forth in the Commitment. "Person" means a corporation, firm, Olher body corporate, partnership, association or individual and also includes an executor, administrator, trustee, receiver or other representative appointed according to law. "Preliminary Offu:ial Statement" means the Preliminary Official Statement prepared ia connection with the sale and issuance of the Bonds. "Project" means any purpose for which proceeds of the Bonds may be expended under the Act and the BallOl Question, including. but not limited to. the payment of costs of issuance of the Bonds. "Project Account' means the account established by the provisions haeof fir the purpose of paying the costs properly attributable to the Project. The Project Account shall be a subsidiary account al the appropriate find or account of the City, and separately accounted for by the City in accordance with the provisima hereof. "Record Date" means. with respect to each I merest Payment Dare. the fifteenlll day of the month immediately preceding the month (whether or ROl such day is a Business Day) in which such latemt Payment 0. occurs . "Registered Coupons" means the separate. detached registered coupons evidencing supplememal interest on the Bonds designated as ··B." as set forth in the Section hereof titled "Bond and Regiland Coupons Details." Until the last "B" interest payment date fir the supplemental interest (as set firth in the subsection hereof titled "Bond and Registered Coupon Details-Maturity Dates, Principal Amounts and lllllelal Raia"). the defined term Bonds shall include the Registered Coupons and l'ffllfflCCS to interest on the Bonds shall include all amounts payable on the Registered Coupons. except that: (a) the term "Bonds" does nOl include the Rqistered Coupons in the Sections hereof titled ·'Bond and Registered Coupon Details." "Form of Bonds and Regislered Coupons," and "Transfer and Exchange of Bonds and Registered Coupons" and "Redemption of Bonds Prior to Maturity"; and (b) for purposes of the Section hereof titled "federal Income Tax Covenants." only a portion of the :unounts payable on the Registered Coupons shall be trealed as interest, as described in the section of the Official Statement describing the federal income tax trea1ment of interest on the Bonds. "Ordinance" means this Ordinance. including any :unendments or supplements hemo. "Sale Certificate" means the certifica1e executed by the Director of Finance and Administrative Services under the authority delegaied pursuant 10 this Ordinance. including but not limited to the Sections haeof titled ··Bond :ind Rei:istered Coupon Details," "Redemption of Bonds Prior to Maturity" and -Approval of Relared Documents" which set forth. among ocher things. the prices II which the Bonds will be sold. the Dalled Dale. interest rates and :innual maturing principal for the Bonds. and the payment dates ilr the Rqistered Coupons. • well as the dates on wh ich the Bonds may be redeemed and the redemption prices therefofe . "Staw" means the State of Colorado. o:.11vj9J 111 ... "' ,. • ' • ; •' CJ "Tax leuer of Instructions" means the Tax Letter of lnslrllctions, dated the date on which the Bonds ll'C originally issued and delivered to the City by Bond Counsel, as such inslrllctions may be super.;erled or amended in accordance with their terms. "Underwriter" means George K. Baum & Company, Denver, Colorado. Sectloa 2. Authorization and Purpose of Boads. Pursuant to and in accordance with lhc Act. the Chaner and the Ballot Question, the City hereby authorizes, and directs that there shall be issued. the -city cl Englewood. Colorado. General Obligation Bonds, Series 2002," in lhc aggregate original principal amount not to exceed $6,990,000 for the purpose of providing funds for the Project. Section J. Bond and Rqistered Coapon Detalls. (a) RqlstDftl Form, ~11011U11atloru, o.ud O.U ""d ll/11111bnlll1 . The Bonds and the Registered Coupons shall be issued in fully registered form, shall be dated as of the Dated Dare. and shall be registered in the names of the Penons identified in the registration books maintained by tbe Paying Agent punuant hereto . The Bonds shall be issued in denominations of SS,000 in principal IIIIOUDl or my integral multiple thereof. The Registered Coupons shall be issued in denotninalions of SS.000 in the amount of "B" interest due on the "8" interest payment date set fonb in subsection (b) of this Section. The Bonds shall be consecutively numbered, beginning with the number one, pnceded by the leuer -R." The Registered Coupons shall be consecutively numbered, beginning with the number one. prKeded by the letter "RC ." (b) Mat11rliy o.tn, l'rlllc/pfll A-•ts ad /11taat R•a. The Bonds shall llllltlR on December I of lhc ycan and in the principal amounis, and shall i--inierest desipwed -A" and supplemental interest designate "8" at the rates per annum (calculaled bacd on a 360-day yar of twelve JO-day months) set fOl1b in the Sale Ccrtificare. The supplemental interest desipad -e-shall be evidenced by Registered Coupons payable in specific dollar amounts. The Council baby dclcples to the Director IX Finance and Administrative Services the authority to dlteimine the OIied DIiie. die price • which the Bonds will be sold. the aggrcp11e amount of principal of Bonds issued, the principal -cl Bonds maturing in :my particular year and the n11e IX interesa desipared -A" and -e" on tbe 8oads. including the :1111ount of "8" interest due on any "8" interest payment dale. (c) Accnw ad Dllla of l'qllWfll tlf l11tnat. -A" interest on the Bonds shall acauc aa the rates set forth in the Sale Certificate from the later of the OIied 0. or the lalat llllal'ell Paymem 0. (or in the case of defaulted interest. the larest date) to which interesr has been paid in ftall and shall be pe)'lble on each Interest Payment Date. "8" interest ,tjWrmM by the ~ Coupons shall acauc • the rares set fOl1b in the Sale Certificate. commencina on the DIiied 0-and cndina on the '"II~ ilaral payment dale specified in the Sale Cenif.carc for the weighted -aae malllrity principal anoum or Boads scheduled 10 be outstanding during such accrual period. and be paid as provided in sublection (b) or this Section . (d) lH•nnn """ Form c,f I'•:,..,,,. Principal of cach Bond 111d the amount payable oa ad! Registered Coupon shall be payable to the Owner thereof upon prescmaaion and surrender of such Bond or Registered Coupon at the principal office of the Payin& Apnt in the city identified in the dmniliGn cl Paying Agent in the Section hettof ,itled MDcfinitions~ or at suc:h ocher office IX the PaJrinl Aamt designated by ,he Pay in; Agent for such purpose . MA" interest on each Bond shall be payable i,,o· check or draft of the Paying Agent mailed 1111 each Interest Payment DIie to the Owmr tbenof u of die cloN IS business on the corrcspondina Record Date ; provided that MA" interesa payable to ay Owner may be paid by any other me:ms aareed to by such Owner and the Payifta Aaent thll does noc requinl the C~ to llllra moneys available 10 ,he Pay in& A1ent earlier than otherwise required hlreunder or ..-the c:mll banll by th e City hereunder . All payments of the principal ohnd interest on the Bonds shall be made in ._.. money of ,he Uni,ed Swcs of Amffica. (e) 81111/r-Entry R,r/1trt1tlon. Noowithstandina any ocher provision lmwoC the Bondi and die Registered Coupons shall be dcli,ffed 1111ly in book-ffllry 1orm r11iltend in die naae ore-A Co .. a nominee of OTC . ac11ng :is sccuri,ics depository of the Bonds and !he Rqislered CCNqlOIIS ad priacipal cl and "A" in1ercs1 on ,he Bonds anJ the "8 " interest payable on the R•imnd Coupons sball be paid by 01,t lPJPJ Ill 5 ' • • wire transfer to DTC ; provided, however. if at any time the Paying Agent determines, and aoofies the City of its detennination. that DTC is no longer able 10 act u . or is no longer satisfactoril~· performing its duties as , securities depository for the Bonds and the Registered Coupons, the Paying Ajent may. at its discretion, either (i) designate a substitute securities depository b DTC and 11ft1ister the Bonds and the Registered Coupons as directed by such substitute securities depository or (ii) terminate die book-enuy registration system and reregister the Bonds and the Reaislered Coupons in the names al the beneficial owners thereof provided 10 it by DTC . Neither the City nor the Paying Agent shall have any liability to DTC, Cede & Co ., any substitute securities depository , any Person in whose name the Bonds and the Registered Coupons are reregistcred at the direction af any substitute securities depository. any beneficial owner of the Bonds and the Registered Coupons or any Olher Penon for(A) any determination made by the Paying Agent pursuant to the proviso at the end of the immediately preceding sentence or (B) any action taken 10 implement such determination and the procedures relaled thereco thar is taken pursuant to any direction of or in reliance on any information provided by DTC, Cede & Co., my subsmu1e securities depository or any Person in whose name the Bonds and the Registered Coupons ani mqismed. Section 4. Redemption or Bonds Prior to Mahrity. (a) Opdo,1-1 ltdnllpllo,,. The Bonds shall be subject to redemption al the option of the City. in whole or in part, and if in part in such order of maturities as the City shall determine and by lot within a maturity on such dales as set forth in the Sale Certificate. The Council hereby cleleples to the Director fl Finance and Administrative Services the authority to determine the dales on which the Bonds shall be subject to optional redemption and the redemption price or prices al which such redemption may be made. (b) M1111d.iory Sh1ki1tf F•1td 1t,dartptlo1t. All or any principal amount of the Bonds may be subject to mandalory sinking fund redemption by lol on December I of the years and ill the principal amounts specified in the Sale Cenificare, at a redemption price equal to the principal amOUDt thereof (with no redemption premium), plus accnaed interest to the redemption dale. The Council hereby clelepaes to the Director of Finance and Administndive Services the authority to determine the principal amounts al dales on which the Bonds shall be subject to 1111111datory sinkina fund redempcion . (c) It,.,,,,,,_ "'°""',a· Notice of any redemption of Bonds shall be liven by the Paying Agent in the name of the City by sending a copy a( such notice by fint~laa. posla&e pnpeid mail, not more than 60 days nor less than 30 days prior to the redempcion dale. to the Owner of a:b Bond bein1 redeemed. Such notice shall specify the number or numben of the Bonds so to be redeemed (If redemption shall be in pan) and the redemption dale. If any Bond shall have been duly called for redempcion and it: on or before the redemption date, there shall have been deposited with the Payin1 Agent in a:aada.ce with this Ordinance funds sutlicient to pay the redemption price of such Bond on the redemption dare, then such Bond shall become due and payable at such redemption dale, and hm and aftei, such eta. interest will cease 10 accrue thereon . Failure to deliver any redemption notice or any dlfect in any redmnption IIOl:ice shall not affect the validity of the proceeding for the redemption of Bonds with respect to which such f'aikft or defect did not occur. Any Bond redeemed prior to its maaurity by prior redempcion or ocherwise shall not be reissued and shall be cancelled. Section 5. Security for the Bollds . (a) G111t1r•I Obllf•tlotts. The Bonds shall be general obligations of the City :md the f\all faith and credit of the Ci ty are pled;ed for the punctual payment a( the principal af and intereSt on the Bonds . The Bonds shall not constitute 3 debt or indebtedness of the County, the Swe or any poliricll subdivision of the State other than the City . (b) ur,y u/ Ad V,,lor,m T&1:a. For the puf1IOIC of paying the principal of and ilnenst on the Bonds when due . respectively . the Council shall annually clellnnine and c:enify to die eo.d of County Commissioners of the County . a r.11e of levy lor ;mer.al ad valomn cues. widloul lilnilali• • to raa ar amount. on all of the tax.able: propaty 1n the C 11)'. sufllcilnl 10 pay die principel al and illllllat on the Bonds when due . respectively. whclher at maturity or upon tlrlier rodempcion . n!-l l9J9J m 6 •• t .. • • (c) Application of Proceeds of Ad 1111/onm TIIXD . The general ad valorem taxes levied pursuant to subsection (b) of this Section, when collected, shall be deposited in the Bond Account and shall be applied solely to the payment of the principal of and interest on the Bonds and for no other purpose until the Bonds, including principal and interest, arc fully paid, satisfied and discharged. (d) Appropriation 11nd /111d1n1n1 of Procmb of Ad lltllonm Tua. Moneys received from the general ad valorem taxes levied pursuant to subsection (b) of this Section in an amount sufficient to pay the principal of and interest on the Bonds when due, respectively, are hereby appropriated fur that purpose. and all amounts required to pay the principal of and interest on the Bonds due. respectively, in each year shall be included in the annual budget and appropriation ordinance to be adopted and passed by the Council for such year. (e) Use or Ad11t111ce of OtJ,er l.e,lllly Available Monqs. Nothing herein shall be interpreted to prohibit or limit the ability of the City to use legally available moneys other than the proceeds of the general ad valorem property taxes levied pursuant to subsection (b) of this Section to pay all or any ponion of the principal of or interest on the Bonds. If and to the extent such other legally available moneys 1ft used to pay the principal of or interest on the Bonds, the City may, but shall nOI be required to, (i) reduce the amount of taxes levied for such purpose pursuant to subsection (b) of this Section or (ii) use proceeds a taxes levied pursuant to subsection (b) of this Section to reimburse the limd or account from which such other legally available moneys arc withdrawn fur the amount withdrawn from such limd or account to pay the principal of or interest on the Bonds. If the City selects alternative (ii) in the immediately preceding sentence, the taxes levied pursuant to subsection (b) of this Section shall include amounts sufficient to fund the reimbursement. (f) Cm/flcllllon to Co11nty Comm/sslont1rs . It is hereby declared that. if the City does nOI otherwise determine and certify to the Board of County Commissioners of the County a rate of levy ii' general ad valorem property taxes as required by subsection (b) of this Section, the foregoing provisions m this Section shall constitute a certificate from the Council to the Board of County Commissionen of the County showing the aggregate amount of ad valorem taxes to be levied by the Board of County Commissioners of the County from time to time, as required by law, for the purpose of paying the principal of and interest on the Bonds when due. (g) Otlposit of Monqs to Pq Bonds will,, 111111 PIIJwwnl of B011,b "1 Pqblf Aft/Ill. No larer than three Business Days immediately preceding each date on which a payment of principal of or interest on the Bonds is due, the City, from moneys in the Bond Account or other leplly svailable moneys. shall deposit moneys with the Paying Agent in an amount sufficient to pay the principal of and interest on the Bonds due on such date . The -Paying Agent shall use the moneys so deposited with it to pay the principal of and interest on the Bonds when due . Section 6. Form of Bonds and Rqistered Coupons. The Bonds shall be in substantially the form set fonh in Appendix A hereto and the Registered Coupons shall be in substantially the form set fonh in Appendix B hereto with such changes thereto. not inconsistent herewith, as may be necessary or desirable and approved by the officials of the City executing the same (whose manual or facsimile signatures thereon shall constitute conclusive evidence of such approval). All covenants. statements, representations and agreementS contained in the Bonds and the Registered Coupons are hereby approved and adopted as the covenants, statements, representations and agreements of the City . Although attached as appendices fur the convenience of the racier. Appendix A and Appendix B are an integral pan of this Ordinance and are incOfJ)Ollted herein as if set forth in full in the body of lhis Ordinance. Section 7. Execution of Bonds. The Bonds shall be executed in the nune and on behalf of the City with the manual or facsimile signature of the Mayor of the Council. shall bear a manual or fllc:simile of the seal of the City and shall be attested by the manual or fllc:simile sipature of the City Clerk of the Council. all of whom ;n hereby authorized and directed to prepare and execute the Bonds in accordance with the requirements henof. Should any offker whose manual or facsimile signature ;q,pean on the Bonds cease 10 be such officer before delivery of any Bond. such manual or facsimile signature shall nevertheless be valid and sufficiem fur all purposes. When the OZ-//9J9J 01 7 ' . .. .. • • 0. Bonds have been duly executed, the officers of the City are authorized to , and shall, deliver the Bonds :o the Paying Agent for authentication . No Bond shall be secured by or titled to the benefit of this Ordinance, or sb.i1.ll be valid or obligatory for any purpose. unless the certificate of authentication of the Paying Agent has been manmlly executed by an authorized signatory of the Paying Agent. The executed certificate of authentication of the Payiq Agent upon any Bond shall be conclusive evidence, and the only competent evidence, that such Bond has :,e:n properly authenticated and delivered hereunder. Section 8. Temporary Bonds. Until Bonds in definitive form an: ready for delivery, :be City may execute, and upon the request of the City, the Paying Agent shall authenticate and deliver, subject to the provisions, limitations and conditions set forth herein, one or more Bonds in temporary form, whether printed. typewritten, lithographed or otherwise produced, substantially in the forms of the definitive Bonds, with apptoptiaE omissions, variations and insenions. and in authorized denominations. Until exchanged for Bonds in defin~ form, such Bonds in temporary form shall be entitled to the benefits and security of this Ordinance. Upon the pnsenmion and surrender of any Bond in temporary form, the City shall, without unreasonable delay, prepare, execute llDd deliver to the Paying Agent and the Paying Agent shall authenticate and deliver, in exchange therefor, a Bond or Bonds of the same series in definitive form. Such exchange shall be made by the Paying Agent without makil:tg any charge therefor to the registered owner of such Bond in temporary form. Section 9. Registration or Bonds in Registration Books Maintained by Paylna A1enL The Paying Agent shall maintain registration books in which the ownership, 111111Sfer and exchange of Bonds shaD be recorded. The person in whose name any Bond shall be registered on such registration book shall be dccoed to be the absolute owner thereof for all purposes, whether or not payment on any Bond shall be overdue. and ae:!ber die City nor the Paying Agent shall be affected by any nocice or other information to the contrary. Section to. Transrer and E1chanae or Bonds and Registered Coupons. (a) Tr11nsfer 11nd Excll11n1e of /lands. The Bonds may be lransferred or exc:miged at the principal office of the P:iying Agent in the city identified in the definition of Paying Agent 'ill tbe Section hereof titled ~Definitions" or at such other office of the Paying Agent designated by the ~illg Apnt ir such purpose for a like aggregllle principal amount of Bonds of other IIUlhoriDd denominaliam « the ane maturity and interest rate. upon payment by the D'll1Sfme of a reasonable lrlnSfer i,e established by the Paying Agent. together with any tax or governmental charge required to be paid wilh respect to such transfer or exchange and any cost of printing bonds in connection therewith . Upon surrellC b-nnsfer fl any Bond. duly endorsed for transfer or accompanied by an assignment duly executed by the 0..-ner or his or her attorney duly authorized in writing. the City shall execute and the Paying Agent smi1 audlenticarc and deliver in the name of the transfen:e a new Bond. Notwithstanding any ocher proviriDII hereof. the Paying Agent shall not be required to transfer any Bond (i) which is scheduled to be redeermd in whole or in pan between the Business Day immediately preceding the mailing of the notice of~ and the redemption dace or (ii) becween the Record Dace for any Interest Payment Date and such lma:'Cst Payment Date. (b) Transfer and E.n:llange 11l Registered Co11pons . The Registered Coupons may be transferred or exchanged at the principal office of the Paying Agent in the city identified in dllC definition fl Paying Agent in the Section hereof titled "Definitions'' or at such other office « the ?lrying Agent designated by the Paying Agent for such purpose for a like aggregare amount of "B" inten:s. due on the ''B" interest payment date Registered Coupons of other authorized denominations of the same payment date. upon payment by the transferee of a reasonable transfer Re established by the Paying -i..r-nt. together with an y 13.'I or governmental charge required to be paid with respect to such nnsfer or exc::iaage and a,y cost of printing bonds in connection therewith . Upon surrender for transfer of any Registered Coupon, duly endors.:J for transler or accompanied by an assignment duly execUICd by the Owner or bis o, her aaomey duly authorized in writing. che City shall e:,;ecute and the Paying Agent shall llllhenticare and deliver in the name of the cran s ti:rce a new Registered Coupon. Section 11. R.:pbc:ement or Lost. Destroyed or Stolen B011ds. If any Bond shall ::,ecome lost, apparently descroyed. stolen or wrongfully taken. it may be replaced in the form and tenor « the lat. destroyed. stolen or taken Bond and che City shall execute and the Paying Agent shall llllhenlicale and delivr a replKanent Bond upon th e Owner furnishing. to the sa&islilction of the Paying Agent: (a) proof of ownership (•~ shall be s hown by the re g istration books of the Pay ini; Ai;ent). (b) proof of loss. destruction or theft. (c) • iDIZllni1y to the fl]-l/9J9J n, 8 ' .· .. .. • • • ~ ~- City and the Paying Agent with respect to the Bond lost, destroyed or taken, and (d) payment of the cost ri preparing and executing the new Bond. Section 12. Creation of Accouncs; laltlal CredJII to Accouats. (a) Cnatio11 of Ac:c:0•110. There is hereby established the Bond Account and the Projec:t Account. The foregoing accounts shall be mainiained by the City in accordance with the provisions of this Ordinance. (b) /1111"11 Cralla to AccOMIIIS. Upon payment to the City of the purchase price of the Bonds in accordance with the Bond Purchase Agreement, the Bonds shall be delivered to, or as directed by, the Underwriter and the proceeds rec:eived by the City liOln the sale of the Bonds shall be applied as a supplemental approprialion by the City, as follows: (i) to the Bond Account, the accrued interest on the Bonds from the dated dale thereof to the dale of issuance. if any; (ii) to the Project Account, the remaining proceeds of the Bonds. Section 13. Investments. Proceeds of the Bonds delivered to the City punlllllt to the Section bend titled "Crea1ion of Accounts; Initial Credits to Accounts," moneys on deposit in lbe Bond Ac:coum and any moneys held by the Paying Agent with respect to the Bonds shall be invested in Permitted lnvesanents. provided thal the investment of such moneys shall be subject to any applicable restric:tions set forth in the Tax Lcucr of lnsouctions and in the "Tax Compliance Cenificate" or similar cenificate delivered by the City in c:onnec:tion with the issuance of the Bonds that describes the City's expecwions regarding the use and investment of proceeds of the Bonds and other moneys and the use of the Project. Section 14. Various Findinp, Determlaatiou. Dedandoas aad Covnaats. The Council, having been fully informed of and having considered all the peninent facts and circlUIIStlllceS, hereby finds, detennines, declares and covenants with the Owners of the Bonds that: (a) voter approval of the Ballot Question wa obtained in &Wl«a..::e with all applicable provisions of law: (b) it is in the best interest of the City and its residents that the Bonds be audlorized, sold, issued and delivered at the time. in the manner and for the purposes provided in this Ordinance; (c) the issuance of the Bonds will IIOl cause the City to exceed ilS debt limit under applicable State law: (d) the OTC Blanket Lener of Representations to be entered into with OTC will govern the book-entry registration system for the Bonds; and (e) the issuance of the Bonds and all procedures undemlken incident thereto are in full compliance and conformity with all applicable requirements. provisions and limiwions prescribed by the Charter, the Constitution and laws of the State. including the Act and the Ballot Question, and all conditions and limitations of the Chaner. the Act. the Ballot Question and other applicable law relating to the issuance ri the Bonds have been satisfied. Section I!. Federal lacome Tu COYeaaats. For purposes ofensurin& thal the interest on the Bonds is and remains excluded from gross income for federal income tax purposes, the City hereby c:ovenanlS thal: (a) Prolilbittd Ac:tlo11s . The City will not use or permit the use of any proceeds of the Bonds or any other funds of the City from whatever source derived. directly or indirectly, to acquire any securities or obligations and shall not take or permit to be taken any other action or actions, which would -any Bond to be an ··arbi1r.1ge bond" within the meanin1 of Section 141 of the Code, or would ochawise - the interest on any Bond to be includible in gross income for federal income IIX purposes. 02-//939j 0/ 9 .. : ,., " ; . .. t • • (b) AJJlmMll'H ActltHU. The City will at all times do and perform all ac:ts pennitted by law dl8l are necessary in order 10 assure that intereSt paid by the City on the Bonds shall not be includible in gross income for federal income tax purposes under the Code or any ocher valid provision of law. In particular, but without limitation. the City represenlS, wamms and covenants to comply with the followin1 rules unless it receives an opinion of Bond Counsel stating dl8l such compliance is not necessary: (i) gross proceeds of the Bonds and the Project will not be used in a manner that will cause the Bonds to be considered "private activity bonds" within the meanin& of the Code; (ii) the Bonds are not and will not become directly or indirectly "federally 1uaranteed"; and (iii) the City will timely file an Internal Revenue Service Form 8038-0 with respect to the Bonds, which shall contain the information required to be flied pursuant to Section 149(e) of the Code. (c) Tu: uttn of /,ISln,ctio,u. The City will comply with the Tax Letter of lns1ructions delivered to it on the date of issuance of the Bonds, includina but not limited by the provisions of the Tax Letter of Instructions reprding the applicarion llld inwsanem of Bmd proceeds, the UN of lhe Project. the calculations, the deposits, the disbursements, the invesanents and the retention of rec:ordl described in lhe Tax Letter of Instructions; provided that. in the evenc the Tax Leaer of lnsauctions are aapeneded or amended by new Tax Letter of Instructions drafted by, and accompanied by • opinion of, Bond Counsel statin1 dl8l the use of the new Tax Letter of Instructions will not CIIIH the interelt on the Bonds ID become includible in gross income for federal income tax purposes, the City will thllreafter comply with the .- Tax Letter of Instructions. (d) Da'811111iM of aOlllb a (lu/lJW Ta-Exarpt 061Jr.,.,,.. The City ha'eby desipares the Bonds u qualified tax-exempt obligations within the manias of Seclion 265(bX3) of the Code. The . City covenants that the aggi-epre lice amount of all tax-exempt obliprions issued by the City, a,getbel- with governmental entities which derive their issuin1 audlority li'om the City or are subject to subslantial control by the City. shall not be more than SI0,000,000 durin1 c:allndar yem-2002. The City n:copms that such tax-exempt obligations include notes, leases. loans and WIITWltl, • well u bonds. The City funher recognizes that any bank. thrift institution or other financial institution dl8l owns the Bonds will rely on the City's desiparion of the Bonds u qualified tax-ex-.,t oblipdons Ir the purpose of awidina the loss of 100% of any otherwise available illllel'elt deduc:tioo lllribullble to such institution's •-aemp1 holdings. Secttoa 16. Def'euaace. Any Bond shall not be deeined to be Oullllndina hannder if it sball law been paid and cancelled or if Defeasance Securities shall have been depositlld in ll'llll for the paymem tbenof (whelher upon or prior 10 the maturity of such Bond, but if such Bond is to be paid prior to mllUrity, the C iry shall have given the Paying Agent inevocible directions 10 give notice of redemplion u required by this Ordinance. ar such notice shall have been given in .iccordance with this Ordinance). In computiaa the mlOUlll of the depolit dDcribed above, the City may include the maturing principal of and interest to beamed on the Detasanc:e Securities. If less than all the Bonds are to be delcascd pursuant 10 this Section, the City, in its sole discretion, may select wbich rl the Bonds shall be defeased. Notwithstanding anything herein 10 !he ,onmiry, in the event dw the principal and.for interest due on the Bonds shall be paid by the Bond Insurer punuant 10 the Bond lnsuruce Policy, the Bonds shall remain Outstanding for all purposes. not be defeased or otherwise Slllistied and not be c-'dered paid by the City, IDd all covenants, agreements and other obligations of the City to the Ownen shall continue to exist and shall nm to the benefit of the Bond Insurer. and the Bond Insurer shall be subrogated lo the ripts of such Owners. Section 17. Events or Default E.ich of the followin1 events coostillllel an Event of Default: (a) Nott{J"Ylftffll of l'rlm:ip,,I or l11krat. Failure to make any payment of pincipal of or interest on the Bonds when due. (b) a,i10clt "' :11,,,,pu10,-,·~ of Otdia. Breach by the City of any IDl1llrial CO¥ellllll set b,b herein or failun by the City to perform :iny mllerial duly imposed on it henuncm-and continuation al such breach or failutt for a period of 60 days after receipt by the City Attorney of written nocic:e llllnd' tan the Paying Agent or from the Ownm of al least 10,'o of the anrepte amount oflhe Bmd Obliptlon. pro¥idld that such 60 day period shall he extended so long u the City hu commenced and continues a aood liih etfon 10 remedy such bre:ich or failure . 11]./ /919S nl 10 ,·.· (c) B1111lln1ptcy or R~lp. An order of deem: by a coun « competent jurisdiction declaring the City bankrupt under federal bankrupccy law or appointing a recffla' « all or any maria! portion of the City's usets or revenues is entered with the consent or acquiescence of the City or is llllaed without the consent or acquiescence of the City but is not vacated, discharged or stayed within JO days a6r it is entered. Section 18. Remedies ror Events or Deraah . (a) Rmedln. Upon the occurrence and continuance cl any Event or Default, the Ownen of not less than 25% of the aggrepte amount of the Bond Obligation. includln&, widlout limitation, a austae or trustees therefor may proceed apinst the City to protect and 10 enfun:e the rights cl the any Owners under this Onfinance by mandamus, injunction or by other suit. action or special proceedinp in equity or II law. in any court of competent jurisdiction: (i) for the payment of interea on any installment cl principal « any Bond that wu not paid when due II the interat r-.e borne by such Bond: (ii) for the specific peilbmaice d Ill)' covenant contained herein; (iii) to enjoin any act that may be 1111awtbl or iD violation cl any right d any Owner of any Bond; (iv) for any other proper lepl or equitable mnedy; or (v) any combination cl such remedies or u otherwise may be authom.ed by lj)j)lic:lble law: provided. however, dial accelenlioa of any amount not yet due on the Bonds acc:ordlna to tbeir tenns shall not be an available remedy. All such proceeding, 11 law or in equity shall be inltituted, bad and mainlained for the equal benefit of all Owners d Bonds then Outstanding. (b) F"""n to ,._,_~ R-,/la N« • R..._; RIJIIIS c-,.,,,,.. Tbe lmlure cl any Owner of any Outstanding Bond to proceed in acc:ordance with sublection (a) « this Section shall not relieve the City of any liability ror liailure to pe'1bnn or c:any out its duties under this Ordinance. Each right or privilege « any such Owner (or trustee lhemor) is in addition and is cumulaive to my Giber right OI" privilege. and the exen:ise or any right or privilege by or on behalf of any Owner shall not be deaned a waiver of any other right or privilege of such Owner. (c) """' IIU#nr Tlllrtl-,.,,,,, lloNJkletJ; IUpt ,. C_,,., a rr1 •• To die mem that this Ordinance confcn upon or gives or grants to the Bond Ii.um any ript, nmedy or claim mder or by reason of this Onfinance. the Bond Insurer is henby explicitly recopized • beiq a dlird-plrty beaeftcilry hereunder and may enforce any such right. remedy or claim conferred. glwn or p-.cl hlreundlr. Upon tbe occumnc:e and continuance of an Event of Default. so long u it is not in ddlull of its oblipdona mder the Bond Insurance Policy, the Bond Insurer shall be entitled to c:omrol and direct die enlbrmneal of all ripts and remedies granted to the Owners under this Onfinance and punuam to S-law. Seetlo11 19. Amendment or OnllaHce. (a) Alflltntllftfflts l'emunt!tl wltl11n,t iV«lce Ill or Co,,sMI ., Ow1tns. The City may, without the consent of or notice 10 the Ownen of the Bonds. adopt one or more onlinmcll mnending or supplementing this Ordinance (which ordinances shall lhereaftff become a pan bnof) for any one or more or all of the following purposes : 02-//9195 0/ (i) 10 cure any ambi1uity or to cure, c:orrect or supplement any dlfecl or inconsistent provision of this Ordinance: (ii) to subject 10 this Ordinance or pledge to the payment of the Bonds additional revenues. propenies or collateral : (iii) to institute or terminate a book-emry rqistrmoa sy-.n b die Bonds or to facili1111e the designation of a substiMe securities depository with rapect ta IUCh a syamt; (iv\ 10 maintain the then existina or 10 secure a hiper IWlina of die Bonds by any nationally recognized s«uri1ies ratin 1 apncy: or (v) 10 make any other chan~ that does noc mlllrially ..._. Al die Owners cl the Bo nds . 11 (b) A-ndments Req11lrtnr Notice to Md Co_, of Ow1ters. Except fur amendments pennined by subsection (a) of this Section, this Ordinance may only be amended (i) by a ordinanc:e of the City amending or supplementing this Ordinance (which, after the consenlS required therefor, shall become a part hereof); and (ii) with the written consent of die Owners of at least 66-2/J'Yo of die Bond Obligation: provided that any amendment that makes any of die following changes with respect to any Bond shall not be effective widlout die written consent of die Owner of such Bond: (A) a change in die maturity of suc:h Bond; (8) a reduction of the interest rate on such Bond: (C) a change in die tenns of redemption of such Bond; (D) a delay in the payment of principal of or interest on such Bond: (E) a reduction of the Bond Obligation the consent of the Owners of which is required fur an amendment to this Ordinanc:e; or (F) the establishment of a priority or preference for die payment of any amount due widl respect to any olher Bond over such Bond . (c) Pro«tlllre for Notlfyllfr 1111d Obtallfllfr Couat of OwHn. Whenever die consent of an Owner or Owners of Bonds is required under subsection (b) of this Section. the City shall mail a notice to such Owner or Owners at their addresses as set furlh in die regisuarion books mainrained by die Paying Agent and to die Underwriter, which notic:e shall briefly describe the proposed amendment and state dlat a copy of the amendment is on file in die offic:e of the City for inspection. Any consent of any Owner of any Bond obtained widl respect to an amendment shall be in writing and shall be final and not subject to withdrawal, rescission or modification for a period of 60 days after it is delivered to the City unless IROlber time period is stated for such purpose in the notic:e mailed punuant to this subsection. (d) C011Sent of the aond ltu11rer hr Addition to Corue1tt of Ow1ten. The Bond Insurer's consent shall be required in addition to die consent of Owners. when required, fur the following purposes: (i) execution and delivery of any supplemental Ordinanc:e or any amendment, supplement or c:hange to or modific:ation of this Ordinance; (ii) removal of the Paying Agent and selection and appointment af a successor; and (iii) initiation or approval of any action noc described in (i) or (ii) above which requires the consent of Owners. Section 20. Appointment and Dalles of hyia& ApaL The hying Agent idemified in the Section bcm>f titled "Definitions" is hereby appointed as paying apnt, rqillnr and IUdaticalin& apat fur die Bonds unless and until the City removes it as such and appoints a successor hyin1 Agent, in which event such successor shall automatically succeed to the duties of the Paying Agent hereunder and its predecessor shall immediately tum over all its records regarding the Bonds to such successor. The Paying Agent shall IIJ'ee to perfiJnn all duties and to take all actions assigned to it hereunder in accordance with the terms hereof. Section 21. Approval of Related Docnmeats. The Council hereby nmfims and approves the distribution and use in connection with the offering of die Bonds of the Prelim~· Official Statement relating to the Bonds; audlorizes and directs the preparation of. and authorizes and directs the execution by the Mayor of the Council of. an Official Statement fur use in connection with die sale « the Bonds in substantially die form af the Preliminary Official Statement. with such ch r ,e<"s therein , if any, not inconsistent herewith. as an approved by the Mayor of the Council (whose signature the hall constitute conclusive evidence « such approval); and fur a period of sixty days following the adoption o , u rdinance. the Director of Finance and Administrative Services is authorized to execute the Sale Cenificate anu to execute the Bond Purchase Aareeffient, which shall be in substantially the fonn presented to the City at this meeting and shall be completed in accordlnc:e with die terms d this Ordinance (which, once executed. shall constitute conclusive evidence of approval af the City). The Mayor d the Council . the City Clerk and all other appropriate officers of the Council are also hereby lll1horiad and directed to execute an undenaking to facilitate compliance with Securities and Exchange Commission Rule 1Sc2-12 (17 C.F .R. §240.15c2-12). the OTC Blanket Lener of Representations, the Paying Agent Agreement, a "Tax Compliance Cenificate" or similar certificate describin& the City 's expectations reprdina the use and investment d proceeds of the Bonds and other moneys and the use of the Project. an Internal Revenue Service Form 8031-0 with respect to the Bonds and all olher documents and certiticalcs necessary or desinble to ~ the iss11111Ce or administration of the Bonds, the investment of proceeds of the Bonds and the transactions conlelllplated hereby . Section 22. Authorization or Bond lnsunnce. (a) The officers of the City are hereby authorized and directed to take all actions necessary to cause the Bond Insurer to issue the Bond lnsuranc:e Policy in acco1d1111ce with the Commitment, including 01-l/9J9Jnl 12 t .. .. • • without limitation, payment of the premium due in COMCCtion !herewith. The execution of the Commianent by the appropriate officer of the City is hereby ratified and approved. (b) In the event that, on the second Business Day, and again on the Business Day, prior to the payment date on the Bonds, the Paying Agent has not received sufficient moneys to pay all principal of and interest on the Bonds due on the second following or following. u the case may be, Business Day, the Paying Agent shall immediately notify the Bond Insurer or its desipee on the same Business Day by telephone or telegraph, con finned in writing by registered or certified mail, of the amount of the deficiency. (c) If the deficiency is made up in whole or in pan prior to or on the payment date, the Paying Agent shall so notify the Bond Insurer or its desipee. (d) In addition, if the Paying Agent has notice that any Owner has been required to disgorge payments of principal or interest on the Bonds to a tnistee in Bankruptcy or creditors or others pursuant to a final judgment by a coun of competent jurisdiction that such payment constitutes an avoidable prefmnce to such Owner within the meaning of any applicable banJaupccy laws, then the Paying Agent shall notify the Bond Insurer or its designee of such fict by telephone or telegraphic notice, confinncd in writing by rqistered or certified mail. (e) The Paying Agent is hereby irrevocably designated. appointed, directed and authoriad to act as aaomey-in-fact for Owners of the Bonds as follows : (i) If and to the extent there is a deficiency in amounts required to pay intetest on the Bonds, the Paying Agent shall (a)execute and deliver to State Street Bank and Trust Company, N.A., or its successors under the Bond lnsunmce Policy (the "Insurance Paying Agent"), in filnn satisfactory to the Insurance Paying Agent, an instrument appointing the Bond Insurer as agent ir such Owners in any legal proceeding related to the payment of such interest and an aaignment to the Bond Insurer of the claims for interest to which such deftciency relaaes and which are paid by the Bond Insurer, (b) receive a designee of the respective Ownen (and not IS Paying Apnt), in accordance with the tenor of the Bond lnlunnce Policy, payment lam the lnsunace Apnt with respect to the claims for interest so assigned, and ( c) disburse the -to such respeclive Owners; and (ii) If and to the extent ofa deficiency in amounts required to pay principal of the Bonds, the Paying Agent shall (a) execute and deliver to the Insurance Paying Agent in form Sllisfilaloly to the Insurance Paying Agent an instrument appointin& the Bond lllSURI' u agent tbr such Owner in any legal proceeding relating to the payment of such principal and an asaipment to the Bond Insurer of any of the Bonds surrendered to the insurance Paying Apnt of so much of the principal amount thereof as has not previously been paid or ror which moneys are not held by the Payin1:, Agent and available for such payment (but such assipment shall be delivered only if payment from the Insurance Paying Agent is received), (b) receive IS designee of the respective Owners (and not as Paying Agent) in accordance with the tenor of the Bond lnsunnc:e Policy payment dlP.remr from the Insurance Paying Agent, and (c) disburse the same to such Owners. (f) Payments with respect to claims for interest on and principal of Bonds disbursed by the Paying Agent from proceeds of the Bond Insurance Policy shall not be considered to cfisdllr&e the obligation of the City with respect to such Bonds, and the Bond lnswer shall become the owner of such paid Bonds and claims for the interest in accordance with the tenOr of the assipment made to it under the provisions of this subsection or otherwise . (g) lnespective of whether any such assipment is execured and delivered, the City and the Paying Agent hereby agree for the benefit of the Bond Insurer dial: n1-1 /9J9HII (i) They recogniz.e that to the extent the Bond Insurer makes payments. directly or indirectly (as by paying through the Paying Aaent). on ICCOUllt of principal of or interest on the Bonds , the Bond Insurer will be subropt9d to the ripes of such Ow-. to naiw the IIIIOUllt d such principal and interest from the City, with intereSl dlereon • provided and solely tom the sources stated in this Ordinance and the Bonds; and 13 • t .. • • • (ii) They will accordin'1Y pay to the Bond Insurer the amount of such principal and interest (including principal and interest recovered under subparaaraph (ii) of the first paragraph rL the Bond Insurance Policy, which principal and interest shall be deemed past due and not to haYe been paid), with interest thereon as provided in this Ordinance and the Bonds, but only &om the sources and in the manner provided herein fur the peyment of principal of and interest on the Bonds to Owners. and will otherwise treat the Bond lnswer as the owner of such rights to the amount of such principal and interest. (h) In connection with the issuance of additional Bonds. the City shall deliver to the Bond Insurer a copy of the disclosure document, if any, circulated with respect to such additional Bonds. (i) Copies of any amendments made to the documents executed in coMection with the issuance rL the Bonds which are consented to by the Bond Insurer shall be sent to Standard & Poor' s Ratings Services, a Division of The McGraw-Hill Companies, Inc. (j) The Bond Insurer shall receive notice of the resillll&lion or removal of the Paying Agent and the appoinanent of a successor thereto . (k) The Bond Insurer shall receive copies of all notices required to be delivered to Ownen and. on an annual basis. copies of the City's audited financial statements and Annual Budget. Any notice that is required to be given to a Owner of the Bonds or to the Paying Agent punuant to this Ordinance shall' also be provided 10 the Bond Insurer. All notices required to be given to the Bond Insurer under this Ordinance shall be in writing and shall be sent by registered or certified mail addressed to MBIA Insurance Corporation, 113 King Street, Armonk. New York 10504, Attention: Surveillance. Sectloa 13. Eveats Occarria1 oa Days nat An Not a.,1a-Days. Except u otherwise specifically provided herein with respect to a particular payment, event or action, if Ill)' payment to be made hereunder or any event or action to occur hereunder which, but fur this Section, is to be made or is to occur on a day that ii not a Business Day. such payment, event or action shall inllad be made or_. on die next succeedlna day that is a Business Day with the same effect u if it was made or occurred on the daie on which it -oripnally scheduled to be made or OCCID'. Sectloa 24. Liaitatloa of Actloas. In accordance with Section 11-57-212, Colorado Revised Stallltes, no legal or equitable action can be brought with respect to any legislative acts or proceedinp in coilllet1ion with die audlorimion or iss-of the Bonds more thaa 30 days dlr the iw or IUlborlmion ~ such ---, whichever occurs larer. Sectloa 2!. Ordiaaace is Coah'IICI wldl Owaen of loads allCI lrnpealable. Aftlr the Bonds haYe been issued. this Ordinance shall be and remain a contract between the City and the Ownen of the Bonds 111d shall be and remain irrepeaiable unti I all amounts due with respect to the Bonds shall be tlally paid. Sllisfted and discharged and all other obligations of the City with respect to the Bonds shall have been satisfied in the - provided herein . Section 26. Headla1s. The headings to the various sections and subsections to this Ordinance haYe been inserted solely for the convenience of the reader, arc noc a pan ~ this OrclinaKe 111d shall not be used in any manner 10 interpret this Ordinance . Section 27. Severablllty. It is hereby expressly dlclaled tbal all provi»-bnof 111d their -.,ptic:alioa are intended 10 be and are severable . la order to imp.-such iatanl. if my pnmtian bnof or die ..,,tic:alioa lhermf is determined by a court Of adminisnrive body to be invalid or IIWDbcwbl&. iD wllole or ill pan. IUdl determination shall not ;affect. impair or invalidale any ocher provision bnof or the applic:alioa of die provilioll in question 10 any other situation : 111d if any provision hlreo( or the lfPlicalion lbnol II dlllnaillld by a -' cir administrative body to be valid or enbaable only if its applic:alioa is limitad. its ..,,tic:alioa sball be liaud • required 10 most full y implement its purpose . 01-l/9J9J n/ 14 .. t • • ' ... ~ ~r [ ~ ~ or 191 r .: ~ !~r ~ ~ i f lf' f I i! I JI ~ §•1 i "' ~ J;tg. i, Si · I ir ... .. I . 9 " J w'p~ Ir 1,~ J n ; I If lf t ft f t I f ~ f ti r r f e.f I :-( Ii"( l f s f ~ f l ~, f -j! . f ! '11rj pi lji ' ' ' • J,, r 'f a . -1: · ! ; f 1 ;11~ ;' Ji I ..... I ~ r ,n hi; I ! J t f If'•' J't •rf i '] -~ • I 'I I! i I i J Is J i J ' ''I', H (, ii" I J " i I [It 't It! a' ' 9 r I ~ ; J I J i_ ~· i J Jr " " ' ijli 1f I i1 If -t f If t s: n . ~ 1Uf ,I 11 .ti ~ t ll! . lff f.~ No. R-_ "A" Interest Rate % APPENDIX A FORM OF BOND UNITED ST ATES OF AMERICA STATE OF COLORADO CITY OF ENGLEWOOD, COLORADO GENERAL OBLIGATION BOND SERIES 2002 Matarlty Date December I,_ Oripnal Dated Date REGISTERED OWNER: Cede & Co. Tax Identification Number: 13-25SS 119 PRINCIPAL SUM: u s ___ _ CUSIP DOLLARS•• The City of Enalewood, Colorado, a duly organized and validly existin& home-rule municipality of lbe State ofColondo, for value received, benby promises to pay to the order of the registered owner 1111D1ed above, or registered assips. the principal sum stated above OD the maturity date stated above, with inlerest oa such principal sum fian the original dated elm stated above at the in1erest rm p1r mnum stated above (calc:ulmd hued oa a 360-day year of twelve 30-day months), payable oa June I 111d December I of each yes, commencina . Capitalized tenns used but not defined in this bond shall have the manilla assiped to tbem in the Ordinmc:e of the City authorizing the issuance of the Bonds. Tht principal of 111d interesl on this boad is payable to the repllnd owner hlnof upon ix-tation and surrender of this boncht the principal operations office of The Bank of Cbeny Creek, a bnndl of Weslml National Bank, as paying agent, in Denver, Colondo, or at such other office of the Payina Apnt desipaled by the Payin& Agent fur such purpose. ln1erest on this bond is payable by cbeck or draft of the Payin& Apnt mailed oa the Interest Payment Date to the registered owner hereof as of the flftlmb clay of the monlb immediately preceding the mondl (whether or not such clay is a Business Day) in which the IDlenll Payment DIie occurs; provided tbat. interest payable to the registered owner of this bond may be paid by my other -...-to by such registered owner and Ille Paying Agent that does not require the City to make moneys available to the Payina A&ent ea1icr than otherwise required under the Ordinlnce or increac the costl borne by the City llllder the Ordinance; provided further, that, so long as Cede & Co . is the registered owner of this bond, the principal of and iala'est on this bond shall be paid by wire transfer to Cede & Co. Any payment or principal cl CIC' inlaest on this bond that is due OD a day dial is not a Business Day shall be made on the next succeedin& day that is a Business Day with the Sime clil:t as if made on the day on which it was originally :scheduled to be made . All payments of principal of and interest on this bond shall be made in lawful money of the United Swes of Ammca. This bond is part of an issue cl acneraI obliption boncb of the City desipuad the City cl En&lewood, Colorado. General Obliption Bonds, Series 2002, iuued in the principal IIIIOUIII ofS (the uBoncll"). The Bonds have been iuued punuant to, llllder the IUlbority of, 111d in tldl confunnlty widl, the Cbaner, the Constitution and the laws of the Slale, includln&, in pa1icullr. Part 2 cl Anicle 57 of Title 11, • malded (collectively. the u Act"): pun111111 to IIUlboriDlioa by a majority of the ~ eleclan of the City vocins in 111 election duly called 111d held on November 6, 2001; 111d purllmlt 1111 a onlinam adopled by lbl City Council of the City . THE ORDINANCE CONSTITIJTES THE CONTRACT BETWEEN THE REGISn:RED OWNER OF nus BOND AND lllE CITY . THIS BOND IS ONL y EVIDENCE OF SUCH CONTilACT AND, AS SUCH, 01-l/9J9J 0 / ·1-. ., . . ' i • ' • • --- IS SUBJECT IN ALL RESPECTS TO THE TERMS OF THE ORDINANCE, WHICH SUPERSEDES ANY INCONSISTENT STATEMENT IN THIS BOND. 1 • Simultaneously with the issuance of the Bonds, the City is also issuing separate, detailed Registered Coupons evidencing additional interest on the Bonds. The interest rate stated above is the interest designated as "A" on the Bonds. Owners of the Bonds will receive only the principal of and interest designated in the Ordinance as "A" on the Bonds. Owners of the Registered Coupons will receive only interest designated in the Ordinance as "B" on the Bonds. The Bonds have been issued by the City for the purpose of providing funds fur the Project described in the Ordinance. The Bonds are general obligations of the City and the full faith and credit of the City are pledged fur the punctual payment of the principal of and interest on the Bonds. For the purpose of paying the principal of and interest on the Bonds when due, respectively, the Council in the Ordinance has covenanted annually to determine and certify to the Board of County Commissioners of Arapahoe County, a rate of levy fur general ad valorem taxes, without limitation as to rate or amount, on all of the taxable property in the City, sufficient to pay the principal If and interest on the Bonds when due, respectively, whether at maturity or upon earlier redemption. [The redemption provisions from Section 4 of the Ordinance and the Sale Certificale shall be set furth herein.) Notice of any redemption of Bonds shall be given by the Paying Agent in the name of the City by sending a copy of such notice by tint-class, postage prepaid mail, not less than 30 days prior to the redemption date, to the Owner of each Bond being redeemed. Such notice shall specify the number or numbers of the Bonds so to be redeemed (if redemption shall be in part) and the redemption date. If any Bond shall have been duly called ir redemption and if, on or before the redemption date, there shall have been deposited with the Paying Agent in · accordance with this Ordinance funds sufficient to pay the redemption price of such Bond on the redemption dale, then such Bond shall become due and payable at such redemption date, and limn and aim-such date interest will cease to accrue thereon. Failure to deliver any redemption notice or any defect in any redemption notice shall not affect the validity of the proceeding fur the redemption of Bonds with respect to which such &illn or defect did not occur. Any Bond redeemed prior to its maturity by prior redemption or ocberwiae lbaU not be reissued 111d lbaU be cancelled. The Paying Agent shall maintain registration books in which the ownership, tt..rer and exc:hange If Bonds shall be recorded. The person in whose name this bond shall be repllred on such rqillratioa books shall be deemed to be the absolute owner hereof for all purposes, whether or not payment aa this bond shaJJ be overdue, and neither the City nor the Paying Agent shall be affected by any notice or other iaformllioa to the comnry. This bond may be trmsfared or exchanged at the principal office of the Paying Apnl in Dmwr, Colorado, or ll such other office of the Paying Agent designated by the Paying Aaent filr such purpolC lbr a like agrepllll principal amount of Bonds of other authorized denominations (SS,000 or any intepal multiple lbcreof) of the sane DUIIUrity and interest rate, upon payment by the tnlllSfiRe of a rDIISOllllble tt..rer a escablisbed by the Payina Apnt, together with any tax or governmental charge required to be paid with rapect,to such trwafer or excblnp and any cost of printing bonds in connection therewith. Notwithstanding any other provision of the Ordinance, the Payin& Agent shall not be required to transfer any Bond (a) which is scheduled to be redDemed in whole or in part belwml the Business Day immediately preceding the mailing or the notice of redemption 111d the redemption date ; or (b) between the Record Date for any Interest Payment Dile and such Interest Payment Dile. The Ordinance may be amended or supplemented limn time-to-time with or without the consent of the registered owners of the Bonds as provided in the Ordinance. It is hereby certified thll all conditions, ICtS and thinp required by the Oiarw, the Constitution 111d laws of the State, including the Act, and the ordinances of the Cily, to exist, to happen 111d ID be perfonDed, ~ to and in the issuance of this bond, exist, have happened 111d have been perfonDed, 111d 1bal neither this bond _. die other bonds or the issue or which this bond is I part exceed my limilllioas prllCribed by the Cbans, die Constitution or laws of the State, includin& the Act, or the ordinancea of the City. This bond shall not be entitled to any benefit under the ~ or become valid or obliplmy iJr my purpose . until the Paying Agent shall have signed the certificlle of .,.._ticalion i.-. 01-1 /9J9S OJ A-2 ' • • IN WITNESS WHEREOF, lbe City Council tithe City Im camed daia boad to be exec:ulllld wl1h 1be .• signature ar its Mayor and IUelted by die sipllure m its City Clerk, 111d 1111 --s 1be -i m die City to be impreued or imprillled --, all u oflbe dlle • lbrlb below. •.: .· ~· 11IE CITY OF ENGLEWOOD [CITY SEAL] By ____ ..;._ _________ _ Attest: By __________ _ City Clerk CEllTD'ICATE OF AUTIIENTICATION This bond is one oflbe bonds ofdle illue dllcribed in die within-mmlioDecl Onliam. Dalied: __ ,_..;... __ 11IE BANK OF CHERllY CllEEK, A BllANCII OF WESTERN NATIONAL BANK, u Payill A.- By _____________ _ STATEMENT OF INSURANa [The statement of bond imunace required by die Commkfflent all • • ... a...J 01.11,,,,.0I A-3 APPROVING LEGAL OPINION Set forth below is a 1r11e copy of the approving lepl opinion ofKlllllk Rock LLP, deliwnd on the date on .... which the Bonds were originally issued: [The form of lep1 opinion of Bond Counsel shall be set forth hen.] I, the Wldersiped City Clerk of the City of Englewood, Colorado, do hereby certify that the fcn&oing approving opinion of Kutlk Rock LLP, Denver, Colondo, is a lrlle and complete copy of a IDlllually cxec:ured 111d dated copy thereof on file in the official records of the City. ASSIGNMENT FOR VALUE RECEIVED the undeniped hereby sells, aaips and um.fin unto (Please print or typewrite nane and lddresa of rr.ar-) (Tu ldeatiftc:adon or Social Security ~o.) the within bond and all riabts thereunder, and benby irrevocably conltitutes 111d appoints ______ _ ________ aaomey to lrllllfer the within bond OIi the boob kept Ir leplllliml tbel9o( widl tbll power of aubsdtution in the premises. Daled: ____ _ Signature Guanmteed: Signatun,(s) must be gla'IIIINCI by 1 national bank or trust company or by a brokerage firm having a membeiship in one of the major stock exchanges . NOTICE: The sipllure ID 1llia Mllpmmt lll1llt cu1wpwd widl the llliilO. It ...... upon the &ca of the wilbin bond In nay paticullr, witbaat lllllllian or lillllpmelll or Ill)' cbqewi.ns. 'IRANSFER FEE MAY BE REQUIRED OJ.//9191 01 A-4 No. RC·_ "B" lllterat Payant Date APPENDIX& FORM OF REGISl'ERED COUPON UNITED ST ATES OF AMERICA STATE OF COLORADO CITY OF ENGLEWOOD, COLORADO REGISTERED "B" INTEREST COUPON Aa1111at Of "B" llltenlt Dae OIi "B" latenlt Payant Date s ___ _ REGISTERED OWNER : Cede & Co. Tax Identification Nwnber: I 3-2SSS 119 PRINCIPAL SUM : •• s __ _ CUSIP DOLLARS•• The City of Englewood, Colorado (the "City"), a duly organized and validly existiJI& home-nile municipality of the State of Colorado (the "State"), fur value received, hereby promises to pay to lbe repliered owner named above, or registered assips, oo the payment date Id firth above, the amount set firth above, which amount represents a proportiooal lntenst in the talal --t of supplemental inlenat clesipaled "B" to be paid oo 1be outstandina principal IIIIOUllt of the City's Omenl ObliptiGn Boac1s. Series 2002, dated and issued in the agregate principal 1mount of S (the "Bonds"). The Bonds and the "B" interest oo the Bonds evidmc:ed by this Reptered Coupon haw been aulboriJlld by a ordinance of the City paaed and adl1!)ted by the City Council of the City prior to the iuuance bnof (the "Bond Ordinance"). The Bond Ordinaace may be amended or supplemeated &om time-to-time with or without the consent of the registered owners of the Reptered Coupons u provided in the Bond Ordinlllce. The Bonda matun, bear interest, 111d are sub~ to redemption, Ill u specifically Sd firth in the Bond Ordinaace, and the provisioos Ii the Bond Ordinance are hereby incorporated herein by reference . The "B" interest is cak:ullled ll the '* and in the manner set forth in the Bond Ordinance. The amount of "B" interest payable hereunder is payable in law1W money of the United Stales of America lo the registered owner benlof upon presentation and sumnder of this Reaistered Coupoo ll the principal offille Ii The Bank of Cherry Creek, a brlllcb ofWellem Nllioaal Bank, u Payin& Apm (lbe "Payina Apa&"), in Denver Colorado, or at such other locatioo u the Payina Apnt may direct. If the dllle fur makina payment or performing any action regarding this Registered Coupon is on I day tbll is not I Business Day (11 defined in Bond Ordimnce) such payment shall be made or act performed oo the next succeedin& day that is I Business Day with the same 6:t as if made on the day on which it WIS originally scheduled to be made . This Registered Coupoo may be lrlDlfened, cxc;hmpd, and reissued ll the principal olil:e of lbe Payin& Agent, or its successor IS Payina Aaent. all in accordance with the Bond Ordinance. This Reaistered Coupon shall DOl be entidld to uy benefit lmder the Baad Ordilllnce, or ._ valid or obligatory for 111y purpose, until the Payin& Apm all bave siplcl the ~ of ......... --. 111E BOND ORDINANCE CONSTITI.JTES 11IE CONTRACT BETWEEN 11IE REGISTERED OWNER Of 111IS REGISTERED COUPON AND TIIE CITY . THIS REGISTERED COUPON IS ONLY EVIDENCE OF SUCH CONTRACT AND, AS SUCH, IS SUBJECT IN ALL RESPECTS TO 11IE TEllMS OF TiiE BOND ORDINANCE, WHICH SUPERSEDES ANY INCONSISTENT STATEMENT IN THIS REOIS'IDED COUPON . 01-//9J9S DI • t .. • • . . ..... IN WITNESS WHEREOF, the City Council or die City bas camed this Registered Coupon to be executed with the signature of its Mayor and attested by die sipalure of its City Clerk, and bas camed the seal d the City to be impressed or imprinted hereon, all a of the elm ,pecifiecl above. 11IE CITY OF ENGLEWOOD [CITY SEAL] By _______________ _ · · •. Aaest: BY----------~ City Clerk CERTIFICATE OF AUTHENTICATION This Registered Coupon is one or the repllnd coupons described in the within-rnenticwwl Boad Ordinance. Dated: ____ _ 11IE BANK OP CHBRJlY CIU!l!K, A BRANl."H OF WESTERN NA 110NAL BANK, • Payilla Apat By _______________ _ STATEMENT OF INSURANCE [The stalement of bond insurance required by die Commitmllll aall be Ill farda here.) ASSIGNMENT FOR VALUE RECEIVED the lllldersiped benby 1ella, -.U 11111 ....... unto (PIIIIN prtat or typnrtee -ud ...,_ ofTnlllllrN) (Tu ltllalUlcdoa or Soelal S..rtty No.) the within registered coupoo 11111 all ripb thenundllr, 11111 benby irrnocably clMNIII • 11111 appoim ___ _ ----------llliDnlly to ndr die witbla ~ CGlfllll GD die lloab apt llr registration thereof, with IW1 power of subldtutioa la the ..-i-. 01-//9J9J.OI 8-2 Dated:. _____ _ . Sipalure Ouarameed: Sipa1Un(1) muat be 11...-d by a llllioaal blllk or tnlll CGlllplll)' or by a llldmrap tlnn bavina a membenhip in one of tbe major atock excbanps. TRANSFER FEE MAY BE REQUIRED 01-1111,, 0/ 8-3 COUNCIL COMMUNICATION Date Agenda Item Subject August 5, 2002 11 a iv INmATEDBY Public Works Deoartment Ordinance amending Tttle 11, Chapter 1 of the Englewood Municipal Code to allow parking privileges for persons with disabilities on specific days and durinR certain hours. I STAFF SOURCE Ken Ross. Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No previous Council Action. RECOMMENDED ACTION The Public Works Department is not making a recommendation. BACKGROUND, ANALYSIS, AND ALTERNAlMS IDENTIRED The City of Englewood Municipal Code requires all properties to provide adequate off-street parking when they develop. Then dependent upon the size of the parking fteld provided, the Zoning Regulations determine the minimum number of handicapped parking spaces that should be provided. Typically, good site planning results in handicap parking provided that is in dose proximity to the main entrance of the building. On certain occasions the handicapped parking is not as dose to the building entrance as is desired. In those instances the City has typically tried to provide loading zones on public streets to facilitate better access to the building for people with disabilities. However, this accommodation does not work well when the driver is disabled. The Public Works Department has concerns about removing parking from public streets in order to provide "reserved• parking. Installing handicapped only parking sip effectively eliminates parking on the public street for 98% of the population. A possible compromise is to only restrict parking to the 98% of the population during certain hours when the business, residential development, or church determines there is a need. Currently the Model Traffic Code, which has been adopted by reference by the City of Englewood, does not allow this . In order to aHow a compromise approach for providing handicap parking in the public way with time restrictions, the Municipal Code needs to be amended. The attached ordinance will make time limit restrictions on handicapped parking signs legally enforcuble. FINANCIAL IMPACT The City averages about four requests each year, each location requires at least two signs, which cost about $400 at each location to fabricate and install. UST OF ATTACHMENTS Proposed Ordinance ORDINANCE NO._ SERIES OF 2002 BY AUTHORITY A BILL FOR !(()._iv COUNCIL BILL NO. 36 INTRODU~OUNCIL MEMBER . /: AN ORDINANCE AMENDING TITLE 11, CHAPTER l, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO TRAFFIC AND PARKING ENFORCEMENT. WHEREAS, certain areas of the City require more handicapped parking than the zoning require, for private parking lota and thia baa been accommodated by handicapped epacee in the public Right-of-Way; and WHEREAS, thie need for extra handicapped epacee i8 frequently limited to apecific houre of the day or daye of the week; and WHEREAS, the City wiehee to eetablieh a method for reetricting the houre or daye for handicap parking epacee, in the public Right-of-Way; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sm;tjnp 1. The City Council of the City of Eq]ewood. Colorado hereby amend. Title 11, Chapter 1, Section 1, Subeection B, with the addition of a new (22), of the Englewood Municipal Code 2000, which ehall read u follow,: 21. Part 12, Section 1208(3)(b) and (c) Parkin( Privilepe for Pereom with Disabilitiee are amended to read: (b) The owner of private property available for public uae may requeat the criteria and format information for official handicapped parking lipa from the City Traffic Engineer oonceming the i.natallation of cdicial lip identifying parkin( space, reserved for uee by pereom with diubilitiee. Such a requelt ehall be a -waiver of any objection the owner may auert ClOllller!UDI enfmcement of thi8 section by peace officera of any political 1ubdiviaion of thi8 State, and 1uch officers are hereby authorized and empowered to eo enforce thi8 eection, provieione of law to the contrary notwithetandiq. (c) Each parking epace reaerved for uae by peraone with diubilitiee whether on public property or private property ehall b marked with an official upriJht sign, which aign ehall be 1tationary, identifyin11uch parkins epace u reaerved for uae by pereona with dinbilltiea . -1- • t U Part 12, Section 1208<5} Parking Privilepa for Peraope with Diybiliti@• ill amended to read· (5) It ia unlawful for any person other than a person with a diaability to park in a parking apace on public or private property which ia clearly identified by an official aign aa being reserved for uae by persona with disabilities unleaa such person ia parking the vehicle for the benefit of a person with a disability. This prohibition shall pot apply when: MM Tbp effide1 aim f'pr Rfl9Pf with dipbilitip it fpr • parking 19,v;e ip the public right-of-way when auch aim prpyide• f'pr additioppl MW of the signed parking apace . ~ 01> The peraon other than a e,gon with fJighilitip parking ip the apace complies with an the rgtrictjppa noted by •w;h pffisiel pifp Hu. Part 14, Section 1401(1) Reckleu Driving-The lut aentence, "A person convicted of reckle88 driving of a bicycle or motorimd bicycle shall not be subject to the provisions of section 42-2-127, C.R.S." ia deleted. ff .2..4. Part 14, Section 1401(2) Reckle88 Driving-Penalty ia deleted. &4 ll. Part 14, Section 1402(1) Careleu Drivinr-Tbe lut aentence, "A penon convicted of careleu drivinr of a bicycle or motorilled bicycle aball not be subject to the provisions of section 42-2-127, C.R.S." ia deleted. ff 2.§. Part 14, Section 1402(2) Careleu Driving-Penalty ia deleted. ff 2..7. Part 14, Section 1409 Compulsory Insurance ia amended to add the following subsections: (7) Upon conviction thereof, the defendant ehall be puniebed by a fine of not le88 then ona hundred dollars ($100.00) nor more than five hundred dollars ($500.00), and, in addition, the court may impose imprisonment for not more then one hundred eipty (180) days. The fine imposed by this section shall be mandatory, and the court shall not suspend Mid fine, in whole or in part, unleu it ia eetabliahed that appropriate inaurance u required under sections 10-4-705 and 10-4-716, C.R.S. bu been obtained. (8) Upon a second or subsequent conviction under this &ection within a period of two (2) years followinc a prior conviction under this section, the defendant ehall be punished by a fine of not i.u than two hundrecl dollan ($200.00) nor more than five hundred dollan ($600.00), and, in addition, the court may impose imprisonment in the county jail for not le• than ten (10) day, nor more than one hundred eighty (180) days. The fine imposed by t his section shall be mandatory, and the court aball not suspend said fine , in whole or in part, unleu it ia eetabliahed that appropriate insurance a s required under sections 10-4-705 and 10-4-716, C .R.S . bu been obtained . -2- • t a;. jB. Part 14, Section 1412 Operation of Bicycles and Other Human-Powered Vehicles ia amended to add the following 1ubaectiona: (12) The parent of any child or guardian of any ward ahall not autboriae or knowingly permit any child or ward to violate any of the proriaiona of this section. (13) It ia unlawful for any pel'IIOn to do any act lorbidden or fail to perform any act required in this article. H ~. Part 17, Section 1701(3) Traffic Offenae1 Clauified-8chedule of Fines (regarding fine 11Cbedule1) ia deleted. B9 .a.I). Part 17, Section 1709 Penalty Aaaeumenta ia deleted. 3& al. Part 17, Section 1710 Failure to Pay Penalty ia deleted. 31-~-Part 17, Section 1716(1) Notice to Appear or Pay Fine-Failure to Appear- Penalty ia amended to read u follows: (1) For the purposes of this code, tender by an arresting officer of the aummona shall constitute notice to the violator to appear in court or at the V10lationa Bureau within the time• and date1 specified on auch aummona. HU· Part 17, Section 1717 Convidion-Attendanca at Oriftl' Impnmmaent School.- The phrase "located and operatiq in the county of the defendant's residence and ... • ia deleted. Sos;tjgp 2 Sgty CJauw The City Council hereby finds, determinea, and declarea that this Ordinance ia promulpted under the pneral police power of the City ofEqlewood, that it ia promulpted for the health, adlty, and welfare of the public. and that this Ordinance ia neceaary for the p-tion of bealtb and aafety and for the protection of public convenience and welfare. Tbe City Council further determinn that the Ordinance bean a rational relation to the proper lqialative object sought to be obtained. Ses;tipp 3 Severabjlity If any cla"IMe , aentence, parqraph, or part of this Ordinance or the application thereof to any peraon or~ aball for any reason be adjudpd by a court of competent juriacliction invalid, IUCb juqment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other pel'IIOna or circumstance1. $cc;tioo 4 IWPD1ietant Qrdineoou All other OrdinaDCN or portiona thereof inconsistent or conf1ictin( witl t his Ordinance or any portion henof are hereby repealed to the extent of 1uch ii "Onaiatancy or amflict. Sectu>o 5 Effect g( J'l9MI pr gpg,tjfiqtjgp Tbe repeal or modification ol any provision of the Code of the City of Eqlewood by this Ordinance ab,all DDt nleue. erunawah. alter, modify , or chanp in whole or in part any penalty, bflitura. or lia bility , either civil or c:nmmal, which ahall haw been maarrad undar aucb provision. a~d each proV1&10n ahall be trea ted a nd held aa aull ftJDaUWIC in force for the -3- .• • • purpoaea of 1uatainiq any and all proper actiom, 111ita, p,,_liop, and proeecutiom for the eo!m:ement olthe penalty, bleiture, or liability, u well u for the pUl'J)Ole of nataininc any juqmeot, clecne, or order which can or may be rendered, entered, or made in 1uch aetionl, 111itl, proceedinp, or pl'OIIClltiom. $tc;tigg 8 EIIWtL The Penalty Pnmaioo ofE.M.C. Secaon 1-4-1 lhall apply t.o each and every violation of tbia Ordinaoce. Introduced, read in full, and pUNd on &nt readins on the P day of Aucuat, 2002. Publiahed u a Bill for an Ordinance on the 9th day of Aucuat, 2002. Beftl'ly J. Bndabaw, Mayor ATTEST: Loucriabia A. Ellia, City Clerk · I, Loucriahia A. Ellia, City Clerk al the City ol lnpewood. Colando, beraby omily that the abaft and forepinc ia a true «11'1 al a Bill b an Ordiuace, introdWN, read in full, and pUNd on &nt readinc on the 5th cla:, al Aua-1, IDOi. -4- .. 1. 2. 3. 4 . Calf to order. Invocation. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL MONDAY, AUGUSTS, 2002 7:30 P.M. Englewood Civic Center • Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1:31-p.m · ~ Pledge of Affegiance. /f)ay61~ Roff Calf. 7~ ' ~, ~ 5. Minutes. < ,. ' r r ... i,,oA,.e/'·•~f Minutes from the Regular C"rty Council Meeting of July 1S, 2002. P{~1C4~ , ~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) ~ Mark Wolfe, Deputy State Historic Preservation Officer for the Colorado Hi,torical Society, will be present to address C"rty Council reprding the Skerritt House. Bryan DesMarteau, member of the congregation of Immanuel Lutheran Church, will be present to address City Council regarding the Church's handicap parking request IYI rl) . (agenda item 11 aiv). /Y)dOl'c.-~11,~//a. 1 ~ _ I' I,.,,_ -I' /,1;,;n ~ 11 oJv~ -4fl'\J · 7-0 (:, 6 3(, -"f-!J (--,-A.uJI; ~". 7. Unsch eduled Visitors. (Pl~~-llmit.~ presentation to five minutes.) r~.l1,~ tddL./.1..Y,~fon -~~ 1 ~-8. Communications, Proclamations, and Appointments. ,,,~ r,~'7-o ~ i ~ a. A proclamation declaring Tuesday, August 6, 2002 as Nation&! Nlat,t Out ... It A~-?·O ~ fi, "if b. A proclamation honoring the so" Anniversary of Enafewood Wesleyan Church. : ")~~ ~ A l etter from John J. Roberts indicating hi s resignation from the Englewood Code 'j.#7 ;7, () Enforcement Advisory Committee. Englewood City Council Agenda August 5, 2002 Page 2 9. Public Hearing (None Scheduled) 10. ConsentAgenda. JJ-~/i~~~j. /Oc.i a. Apprbval of Ordinances on First Reading. ;6 ~ 1 1 !J b. Approval of Ordinances on Second Reading. Council Bill No. 3S, approving an Agreement with the Centennial Water and Sanitation District for Temporary Lease and/or Re-Diversion of Reusable Return Flows of Water. c. Resolutions and Motions. Recommendation from the Department of Human Resources to adopt a resolution approving the Collective Bargaining Agreement between the City and the Englewood Fire Fighters Association for 2003 and 2004. STAFF SOURCE: Sue Eaton, Director of Human Resources. 11 . Regular Agenda. a. Approval of Ordinances on First Reading. • ·, ¥ ,o1osyn _ molkln to•• pu1111c i. Council Bill No. 38 -Recommendation from the Community Development~n?·.;;i ·. ,anng ror Sept. 3, 2002 a17:30 p.m. Department to adopt a bill for an ordinance approving The Shops at Hamp ~:,,rr-. ~ ccnllder Ille propaee11 PIJO for and Logan Planned Unit Development (Safeway PUD). Staff recommends ~!: Hampden and Logan-setting September 3, 2002 as the date for the Public Hearing on the proposed /olosyn -motion to aPl)l'C)lle 11 (a) (I) Planned Unit Development STAFF SOURCE: Tdeia ... ,an, !ie::ie: Plzn:et. n flrst readlng-app,owd 7--0 .• ~~.;i,11. Council Bill No. 30 • Recommendation from the Department of Finance and Administrative Services to adopt a bill for an emergency ordinance authorizing and approving the lease-purchase of computer hardware and operating softwa~s equipment, and police laptop computers. STAFF SOUR-~ Director of Finance and Administrative Services. ,-/\·o Council Bill No. 39 -Recommendation from the Department of Financial and Administrative Services to adopt a bill for an emergency ordinance authorizing the issuance of~onds f and Recreation Aquatia Park Project STAFF SOURC rank ryslewi Director of financial and Administrative Services. iv. Council Bill o. 36, amending Title 11 , Chapter 1 of the Englewood Municipal Code to allow parking privileges for pe~~ilitles on specific days and dunng certain hours. STAff SOUR\.~Dlrector of Pubic Wortca. ~~-~~h Pleue note: If vou ~ 3 diuhility .ind need .wllilary aidl or--. plwe ~ .. Cly ol E , woo4 (303-762·2405 ) 31 Inst .al boun in adwMCe Gil wl:el: ..._ ----. 11-:11 ,-. • t • • Englewood City Council Agenda August S, 2002 Pagel b. Approval of Ordinances on Second Reading. ;zr c. Resolutions and Motions. 1 2. General Discussion. 13. 14. a. Mayor's Choice. b. Council Members' Choice. i. Motion authorizing support for the Englewood Masonic Lodge's golf ~ -,.,.. • .--/ tournament to raise funds for Englewood elementary schools. ~ /i~..,. MotionregardingtheSkerrittHo~ -~ ~~-~~ ~l-/""4L- ii. City Manager's Report. City Attorney's Report. 'dt~ _StUL/, Ll.9 I .i.,,-.. /~ ~~7""- Adjournment 1: /,3 P· m . ~-~fij -~~ ;:¥,Q,.ft,Q'"ij~"""~l..rl SL(!.. The following minutes were transmitted to Oty Council betwaen July 12 • August 1, 2002: ,.o ·~/ , Englewood Fire Fighters Pension Board meetings of November 1, 2001 and April 11, 2002 ( ·~\ • Englewood Police Officers Pension Board meeting of April 24, 2002 ':;.) • Englewood Transportation Advisory Committee meetins of May 9, 2002 Englewood Board of Adjustment and Appeals meeting of May T 8, 2002 Englewood Housing Authority meeting of June 5, 2002 Alliance for Commerce in Englewood meeting of June 13, 2002 Englewood Code Enforcement Advisory Committee meeting of June 19, 2002 Englewood Planning and Zoning Commission meeting of July 2, 2002 Englewood Liquor Licensing Authority telephone poll of July 3, 2002 ·• • • CJ . {jlYurJ up {_)~ ~31:;J-f !I "~~~ . 9£ SjvYJ_ U/J ~ . o 1 ,sA 11. ~ < It_ .. _/)/")/) ~ ·· . ·. · ,StJCUf U./1~ -8<:7..2/ ..:) ' ~ (J, . .. . . ' .. . . . . . e. . ·• ' . t --. (_J ' • • • B 0 -~9b ft'i;!,(~I~ t);A ~ SlC: ~/ //.1: ~ °-~-~-~ --~,. ;_ ~--o;,I)_--(rx./ ~'4 ··-. ~~-~ ·------.. C:,-Q,_f _ ~~ . ----~ -----L ~ -__ ,_ __ _ -------- __:-J-JI~ -_ I~-~ -_,J_ --------. -----___ .., --!J . ------- -...----- ---- ~~-~------ ··--------·-----·----.. ----... ~ ---- -------~- ----------------- ' -~ ... ,. • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL MONDAY, AUGUST 5, 2002 7:30 P.M. Englewood Civic Center • Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. ('6£ttyn" 2. Invocation. ~ 3 . Pledge of Allegiance. -lll.Jl:I 4. RollCall . r/~-0 ~ 4~' ~r llt'f'·ri ~~ Min""' &om d,e R-Oty Council.._, of July 1~ 2002. (p 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) / a .• ~Mark Wolfe, Deputy State Historic Preservation Officer for the Colorado Historical .,.,,-Society, will be present to address City Council regarding the Skerritt House. . V b. ~ Bryan DesMarteau, member of the congregation of Immanuel Lutheran Church, wiH be present to address City CouncH regarding the Church's handicap parking request (ag~nda item 11 a.iv). ,1/1,f) ~ .~ ~ //.iv J.i-3 ~-/rlf-f ~ ~//a,/v~~-?·O //l~4'f~'I/P.~- 7. Unscheduled Visi_tors. !Please Ii~ 'J,J/" P!~~~;; to five minutes.) ( ~/otyM -'{-.J R~XtV~-~ 1 8 . Communications, Proclamations, and Appointments. ~ ~ -:.0 ;ff'1 ~~ a. A proclamation declaring Tuesday, August 6, 2002 u NatioNI Night Out ~~ . ~ b . A proclamation honoring the so• Anniveru,y of Enale'wood Wesleyan Church. I"{ /1,0 ~ --o«f.i,, . • l c . A letter from John J. Rob&ts indlcatin1 his resiplallon from the Enalewood Code r1I-I D lit~ Enforcement Advisory Convnittee. J ·· I -, 1 ,0 Ple.e now: Hyou haw a......, wl ..... ...-.,Y .......... tilwe..., .. Clly elf -.... (303-762•240S)al._. ............. ., ........... ...a.L ...... ,__ t • • Englewood City Council Agenda August 5, 2002 Page2 9. 10. Public Hearing (None Scheduled) f Coo=t Agffld< -""'/. -"ff'· 41 ~ /o:/ J:k4 /-() a. Approval of Ordinances on First Reading. P b. Approval of Ordinances on Second Reading. Council Bill No. 35, approving an Agreement with the Centennial Water and Sanitation District for Temporary Lease and/or Re-Diversion of Reusable Return Flows of Water. c. Resolutions and Motions. i. Recommendation from the Department of Human Resources to adopt a Q • ~ j Jtt resolution approving the Collective Bargaining Agreement between the City and j\J."'° · the Englewood Fire Fighters Association for 2003 and 2004. STAFF SOURa: Sue Eaton, Director of Human Resources. 11 . Regular Agenda. ~Ordinances on First Reading. . o~~ hi.f~ouncil Biil No. 38 • Recommendation from the Community Development ,.,,J I\ V Department to adopt a bill for an ordinance approving 'fl,e Shops at Hampden~ I''-/ \' and Logan Planned Unit Development (Safeway PUD). Staff recommends ' l '6 t.} /\ () setting September 3, 2002 as the date for the Public Hearing on the c,../ I • Planned Unit Development ST • • ~~i 0 ii. fat Pitro 15'11 iii . Council Bill No. 30 -Recommendation from the Department of Finance an------ Administrative Services to adopt a bill for an emergency ordinance authorizing and approving the le e of computer hardware and operating software, um s ulpment, and police laptop computers. STAFF SOUR : Frank Cryglewlcz, or of finance and Administrative Semc:a. /ff"{ . D 0()../ I (1)1 I /(-0 /P'{. iv. Council Bill No. 36, amending Title 11, Chapter 1 of the Englewood Municipal Code to How parking privileges for~ specific days and duri g ce · hours. STAFF SOUi ~ of l'ullllc: W--. Pleue note: If you a clubillty wl -4 ...a.y _.or......, ..... ..-.. Clly el r 9' .. ~ (303-762·2405) at lust 41 hounia ............... _ ............ ,... .. t • • Englewood City Council Agenda August 5,-2002 Pa~3 · b. Approval of Ordinances on Second Reading. yZJ' C. Resolutions and Motions. 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. i. Mallon authorizing support for the Englewood Masonic Lodge's golf tournament to raise funds for Englewood elementary schools. ii. Motion regarding the Skerritt House. •"1· 13. City Manager's Report. 14. City Attorney's Report Adjournment. 9: /~ The following minutes were transmitted to City Council between July 12 -August 1, 2002: • Englewood Fire Fighters Pension Board meetings of November 1, 2001 and April 11, 2002 • Englewood Police Officers Pension Board meeting of April 24, 2002 • Englewood Transportation Advisory Committee meeting of May 9, 2002 • Englewood Board of Adjustment and Appeals meeting of May 18, 2002 • /Englewood Housing Authority meeting of June S, 2002 • Alliance for Commerce in Englewood meeting of June 13, 2002 Englewood Code Enforcement Advisory Committee meeting of June 19, 2002 Englewood Planning and Zoning Commission meeting of July 2, 2002 Englewood Liquor Licensing Authority telephone poll of July 3, 2002 l'lwe note: Hyou a-. a 6aliilly wl ...a......,_.•---.,._. ..., .. City elf -AN .. (303-762-2405) ......................................... 111111111,-. July 3. 2002 Mayor Beverly J . Bradshaw City of Englewood 1000 Englewood Pan<way Englewood, CO 80110 Dear Mayor Bradshaw : (II COIDRADO HISTORICAL SOCIETY --,.. When the City of Englewood made the wise and considered decision to acquire the Skerritt House. it did so knowing that there would be difficulties in the path it had chosen. The house was in deteriorated condition, and such properties often require an investment of time and money to bring them back into a condition that will permit them to serve their communities . But Skerritrs significance as the "Father of Englewood• made the project worthwhile . The City's adoption of an historic preservation ordinance. permitting local designation. was a byproduct of this project. and I'm sure that ordinance will continue to serve the people of your community for many years to come. It has come to my attention that the City of Englewood's Council has now made the decision to demolish the Skerritt House. Your letter to that effect. issued on June 18"' to the Englewood Herald. cites several reasons for this decision . First, the suggestion is made that "the structure has no actual architectural significance·. Next, the costs associated with the restoration of the house are cited. And finally, recent damage caused by a water line break is mentioned . Please permit me to address each of these issues ,n turn . The Skemtt House most certainly is architecturally significant. Any misunderstanding on th is point ,s probably related to its elig1b1lity for designation on the National Register of Historic Places . The National Register permits designation under a variety of criteria . No one basis for designation is more important than another . The Skerritt House has been altered over time . and as it stands today ,t is not eligible for designation on the National Register of Historic Places for ,ts architecture. However , it has been officially detennined el igible for its history . rne fact that a property is not eligible for National Regis• listing for ,ts architecture does not mean that it ,s not architecturally significant It simply means that either the property has been altered or that its condition is such that 1t falls to convey its significance to the observer. Once restored . the Skerritt House might then be considered el igible for National Register status based on ,ts architecture. It is, attar all . one of very few houses of its kind in Englewood . 1f not the only example of such an earty homestead . Stace H1s 1or1'JI Fu nd , ::s EJ t loth \\cnuc . Su11c :60 , Dtn,ff. Co lorado ao20 ; , (JOJ) 166-212S t .. , • • Although the costs of restoration of the Skerritt House are substantial, I would like to offer the assistance of the State Historical Fund . Sinca its creation a decade ago, the State Historical Fund has assisted more than 2.JOO projects and has distributed over $100 million. The majority of those funds have gone to public entities, in accordance with our statutory mandate. The Skerritt House is a perfect fit for our program. The property is publicly owned. it is most certainly historically significant (listed on your local register, and determined eligible for listing on the National Register. which automatically means that it is also eligible for listing on the State Register). and we have altudy agreed to provide funding toward the building's stabilization. Although I cannot make promises that would bind my Board of Directors, I feel secure in saying that this property, with an appropriate public reuse in mind. would do very well in our competitive program. And as a local government project, other funds may also be available through such sources as the Department of Local Affairs. There is no reason for you to think that the City of Englewood would be forced to fund this project in its entirety . Finally, while I understand that the building suffered some damage as a result of a broken water line. the consultant on the SHF-funded Historic Structure Assessment grant has indicated that the damage is mostly cosmetic. The house will probably deteriorate at a faster rate due to this damage . But there is no reason to demolish the house merely because it now looks somewhat worse than it did before . In the end, the Skerritt House is much more than a piece of real estate whose fate is to be decided based exclusively on what is "cost-effective". It represents the beginning of your community, the genesis of Englewood. A marker on a vacant lot cannot convey that significance to your citiZens. I do not question your commitment to preserving your community's history. I only ask that you reconsider your options before it is too late. I ask that you place this matter on the agenda of your meeting on July 16, 2002. Alyson McGee-. Public Outreach Coordinator for the State Historical Fund will attend that meeting to express our desire to assist in the preservation of this important place. In the meantime. if you have any questions regarding our potential role in this project. please don't hesitate to contact me at (303) 866-2n6. Sincereiy , ~ IJ/1A wvL Marl< Wolfe /J Director. State Hist I Fund Deputy State Historic Preservation Officer \ MEMORANDUM TO: Mayor i3everfy Bradshaw City Council Gary Sears, City Manager THRU: Bob Simpson, Director of Community Development FROM: Jan Johnson, Business & Redevelopment Coordinator~ DATE: July 31, 2002 SUBJECT: Alliance for Commerce in Englewood Business Survey and Business Forums The Alliance for Commerce in Englewood (ACE) initiated the Englewood Business Survey for the purpose of establishing a baseline for the business community, discovering business concerns, and creating an action plan for business improvement National Research Center conducted a survey similar to the Englewood Citizen Survey to determine the business baseline. The business perspective of the members of ACE provided valuable input for a streamlined, effective survey. ACE understands that a community is both ~esidents and business. Both residents and business must be healthy for the community to be strong and vital. In addition, ACE conducted a series of business forums, in conjunction with the development of the Comprehensive Plan that will help to identify and eliminate barriers to business success and encourage private financial investment in Englewood. The four groups for the forums included 1) shareholders in the current market, 2) the physical attributes of the commercial properties, 3) the regulatory dimate and, 4) the finance aspects. Each group met three times to discuss their area of interest, education about issues and possible improvement actions. A fourth meeting brought together aH participants and City staff to create an overview of the effort. Business owners, property owners, real estate brokers transportation, infrastructure providers, private developers, financial and economic developers participated in the forums . The two-pronged approach of business survey and business forum provided communication from many different business perspectives in Englewood. ACE is confident that the infonnation presented to Council is representative of the current Englewood business climate, as well as identi fy ing the barriers and opportunities for business succl!SS for a future Enalewood plan . A ttachmen ts : Englewood Business Survey 2002 Englewood Business fONm Series presentation notes Response to Issues ~sed at ACE Business fo,ums 1000 En le"ood Parlma Englewood . Color.1do 80110 PHONE lOJ.762-23 4 2 FAX 30 3·783 -6895 ,.~ c,~~oodco1,11 2002 Englewood Business Survey Report of Results Methods • Mailed surYey to 2,268 businesses in ~ March M • 435 businesses returned the survey; a ~ j response rate of 22°/o i • Margin of error is +/-5% Current Status of Business in Englewood u C -... - B C a .s::. ~ i QC i6 C 0 :c ,0 z • • . . . ', ;, .~}: /, '.) .. ·· ,. . ·, 1: . • .. • ~· ":.'>:: .. · ... . ' \, • • > • Ratings of Business Climate and Location .., C 100 cu --8 80 >< IU II o~ 60 0 ... ~8 ~~ 40 58 .:; 0 ~ 20 cu c:n l! 0 cu ~ Overall business climate Englewood as a place to do business Overall Quality of City of Englewood Services Fair 364M, Good 53% • .. ' ; . . "' . ' \. . City of Englewood Services Highest Rated Services ~ • Sales tax collection (60) .... J • Sales tax audit (58) ~ • Building/ Fire code J capacity issues (58) j • Inspections (55) • Traffic enforcement (52) • Promotional events for the community (52) Lowest Rated Services • Water service (44) • Sign code (46) • Sales and use tax rates (46) • Parking and use of streets adjacent to, business by employees and customers ( 47) • Sign code issues/sign design/ permits/placement and installation (47) • General building/business maintenance ( 47) 6 • Access and Location Factors Accesslblllty to customers becal• of location Reasonable operating costs because It Is located Accesslblty to suppliers because of location Transportation needs of this company's workforce are met The quality of the Englewood work force OCVo 20tMt 400A. .VO BM\ 100o/o Pelmnt: ·..........-or •mongay ..... 7 • g - jij C 0 :p IQ z .. ~ Factors Important for Success Other Movie theaters Public art Entertainment venuea Hotels National retail stores Proposed shuttle senrlce Public partclng Traffic enforcement/ management Restaurants FclQlde Improvements _!~~~~~~~~~~-L-_J D • . . . · ~. .. '···· .•. I ., .. .. : . . . . . . ' . . .. ,,. . ~~ . . . . .. . . . ~. . •,.·: .· . . r ........ ,. . ··,< ~· -,, l : • .. • ~. •• • ' -~: • #. . . ·. . .. -·~. ' . \, Ratings of City Emplo~ees 0 Knowledge Professional WIiiingness to Making you feel Overall attitude help or valued • a lmprwlon uncle. stand cltlan/alltomar • 9 Effects of Transportation Issues on Businesses Vehicular traffic near your wortcslte Accessibility to delivery vehld• Aa:esslblllty of business to customers by automobile P1't 20tMa 404¥. IOtMt _.. 1C.. Perant .,_.tlwe lntpllet8 10 • Future of Business in Englewood Businesses' Outlook for 2002 Neither 350/o lam unceataln 9CVo jij C i z Biggest Concern About Business in General in 2002 Tax 60/o Workforce Issues 70/o Otller 220/o Inflation/ riling costs 7CVo Economy 47'Vo Problems for lndlvldual blllln111• 9CVo 13 Biggest Concern About Business in Englewood in 2002 Workforce issues 40/o Factors for success of own business &CVo Economy 19CVo City/taxes 17% Sources of Information ~ - Importance of Sources of Information City d Englewood web Sltl9 Greater Englewood Chamber of Comrnera! Fax .. _. J Denver lllslnes Journal •-•· ... au. 'E Greater Englewood Chamber of Commerai Newslella ----AIIIU.. j Englewood Herald ----raltllla Taevlslon ----- Radio -----·.ai.-.. The Denver Post -----· ~IIM. Englewood Citizen-City newslettl!r -----· a..r--. Rocky Mountain News .f----1-----1--~~;;__~____;.,a.~ ~ 20IMt 40'Mt ~ ..... lOCNt Parallt -v.,-or-.........: lnlpotta.r' 16 Use of the Internet ' 'l 17 Company Use 0f the Internet ~ - Respoi'ldent.has acc11recl City's Web lb f Company sells pniducla or wvic. on 'Q the Web J I Company has a Web site .. m.. 4"' IOIMt 11M 1-,.. Percent al Raapondenta 18 Business Demographics Business Types Services 18CVo Manufacturing 14CVo ~ Construc.tlon 12CVo -I Healthcare Ml, Retail Ml, ~ Automotive Servlm J Wholesale Sales ~ i Finance/Insurance/Real ; z Estate Automotive Sales Others 17CM. 00/o 20CVo 40CM, 80CM, 100CVo • 20 g - i z Types of Worksite Office space Stand alone commercial bulldlng . Light Industrial Retall llDreflont Warehouse Homeafflce Industrial Mixed use retall/resldentlal bulkllng Shopping center unit Other 340A, 11Wo 18CM, 150At 130At 120At 90/o OCVo 20CMI 40CM» ICNa 8CWo 100CM» Percent of Reapoildenls 21 g - . \, Reasons for Moving to Englewood Availability of space Cost of space Proximity to dients Proximity to vendors Other 00/o 430/o Percent of Respoadelll:I 100CM, 22 Alliance for Commerce in Englewood City Council Study Session Monday, August 5, 2002 ' Biographical Information ACE Business Survey National Rl.asearch Center, Inc. Shannon Hayden, Research Associate ACE Business Forums Leland Consulting Group Anne Ricker, Principal National Research Center, Inc. (NRC) is a leading strategic planning and survey research team, focusing on the information needs of the public sector. Our principals have worked more than 20 years with government leaders on issues in critical areas such as customer satisfaction, transportation, land use, personnel, special needs human services, law enforcement, libraries, parks, recreation, water use and conservation, recydna, heallh care and more. In addition, we have worked with clients on needs assessmenll In heallh care and human services as well as training and writing about human service outcoma and more. As part of a planning process, we work with appointed committees and task forces of staff or the public as well as elected councils, convnissions or boards to desian and conduct surveys, evaluations and policy studies. We interpret and assist in implementation of research results. Thoma I MIiier, Ph.D. is the president of National Research Center, Inc. He received a Ph.D. in research and evaluation methods from the University of Colorado. He has worked in state and local government since 1977 founding the Center for Survey Comparisons In 1991 after the publication of his book. Cjtizeo Syryeys; How to do them, how to YR them, what they mean, by the International City and County Management Association. The Center for Survey Comparisons became National Research Center, Inc. in 1994. Tom has designed, overseen and written results of hundreds of research projec:ls and presented his findings to a wide variety of audiences, both academic and lay. Not only has he written about survey research in journals devoted to public manaaement, inducing fYllk Admjnjstration Review, louroal of the Aroedcio etaoolo• ASIQctaliqn, 19Yowl pf Poley Analysjs and ManalCDJCDL MaoalCfDeot Sc;iencc and Pglcy Analysis and Ggyeoio1, he was co-founder of Evaluation Systems International. a health care outcome research and software company. Tom was co.,thor of Beocfits pf Psychgtherapy. a book published by Johns Hopkins University Press. Tom has been a journalist and acting clrector of communication for local government For his pioneering work In citizen surveying, Tom. with Michelle Miller, won a Colorado Municipal League Innovative propam award and the prestigious Samuel C. May award given by the Western Governmental Research Association. Due to a death in the family, Tom will be unable to present the findings of the Englewood Business Survey. Our presenter wil be Shannon Hayden. the project manager for this survey . S#Nnnon ,,.,.,,_ B.A., research associate, earned her undergraduate dearee In Sodolosv from the Colorado College and has experience in research. marketing and plQject management She helped develop the National Citizen Suiwy and oversaw the Beta Sita testing of this project Shannon has been involved In more a dozen dlizal ~ al NRC, working not only to help manage the projects but often aid the data _.. ....,.. extensive programming in Excel and SPSS. r. ; fHHf[IJIH. {~pt rur ff[ UHlffll1'IJfi?; ~ ~HI HuJH rL.if HI rd '!niLh .hi 1 f IJ !! ~ H 'I l (} p JI . i1r i,i u rf 11 "II !1 f Ii( H ifff[ fr' ~f i1~=1r11•11 ... 1~ill' r r, &=r ' i 'ii 1~11s ~ I l i f i H ih U J iuUJJUJiHt• IJHf I (f Hf tf I! I d 'JI J rJ r ~> iii z i! ?' ,a -I,") ~ rr, :ia r: ; ~r1 [lf f fBuuuuuuuuaao3f i'f Jlfff ff ff f r ~ r Kff Jf r ijjiii[~riif~iij,f rr, f · · · · l ! f I .. r, J{~i',;J!! ti! n irb "r rr n .. H r• i . i • •if ff i 5 r j 1• [ f ' I ff[[Jfffff1111JflfJ'J'f'~frr f1 Jifrffff11l1 1J1I'J1ftf1f ,(11 f f r f f 1 8 r f 01/01/01 11 :,1 lft'IP -UIIO ~ " Diane Wray" <dwray3000earthllnk.net> on 08/05/2002 c;;; .. _.c;,.· 01:31:0, AM Please respond to dwray3000earthllnk.net To: #City Council cc: Bartlara Pahl <barbara_pahlOnthp.orp, Ginny Steele/City of EnglewooclOCOE, Kathleen Brooker <kbrookerOhlstortalenver.org>, Lane Ittetson <laneOcohf.org>, Martt Rodman <mrodmanOcok)radopreseratlon.org>, Rodd Wheaton <Rodd_WheatonOnps.gov>· Subjec Proposed Skerrltt House Demolition t: When the City Council voted to purchase and landmark Skerrltt House, It US11roed stewardship of the property on behalf of the citizens --past, current and future --of Englewood. This remarkable survivor of our city's pest Is not disposable. Your YOta to demolish Skerrltt Hou~tempt for the generattons that bullt our community, and roQS &;tjc;Hi" of the single most Important surviving structure In the history of our town. Any city-sponsored c:antannlal celebration will be an empty Pl9tenS8 In the wake of ~ t lhemelul CillUl'N ol action. - If the city of Englewood does not have the resources to pi....,. Skeffltt HQuse, then It Is the responsibility of City Council to attach protacttve easements and covenants to the property, and to convey It to a p,tvate or non-profit organization that will rehabilitate and us, the property In concert with historic preservation goals. Diane Wray Concerned Englewood Citizen oa1os 102 1e :,a Allplt ,. 2002 !ffllP -llnO MOUNTAIN!IPLAINS OPFIC! ..-4,./l: 7,-f!I -. ~ t --' • ... , I ' Nayar Bftlrly lkadlllaw and City Coaacil Mlmllcla Cityof~ 1000 EDpwood Plltway ~ CO 80110-2373 Des Mayor Bradlbaw and Mllllben ofebe City Coaacil: On blbaJf ofsbl N-..1 Trull bHillmlic ,-.,lliml. l • wrilill ....... sbl billalic Slraaia S-. I& ii Clllrlffl he 9 tis. Shel .. <:itJ afP al ..... • onar of lbeSbailtll-. ............................ im:h .. ,-we daoJitba. Welllmll1 ... ya11aat11D._..sbil ..... ad ~ ..... IDpllll bill ........ We• .... 1Dbmlallll-.oflllDmlirl.asi:w•blllwNlimi ._ ia Colando. iacb .. 1111 S-,Bienricet Plad. ,,.. ........ iqilcrer..,maablrofprwww,..._allimd._llrdlcSllmislaa., I >•1 a loclllilllDIJ ............................. _ ..... .... Cllllllld be l9llliliml ...... wldle ........................ .. ~ . Jfeddfticwl plllmillstimdl ........ -~ Tnaolllaa..a.-...- (Sbe ,._..__ s..... Fllllll)•cOllld•of•i--..... ~-.....,if yo.a would lib ldlllrid ... ~--... ....... In debllina wblttD do ..... Sliilailt ao.., 1 ........ ,.. lllllp ia ....... . cllcilicllltodamolilla ii..,.._ .... ., ....... ....., ...... v1 .. Clly of P.npwood's ami,a•y, jt 'Wlllllldbe..._•_.. a__.dlalaaalD_.. dlebameoflbeCity's ~ .... llllyillwMi .... sbl....._.._ AB•aay coavmwritiel blw made dDcilica ID cwnotilb J-+nedc ._ 9 W 911116ly ... Npl Sillccrdy, ,,..... tlw mif'ecr.W. T' •u 11Ta ITaaaT , Suna 11ae • D•••••· CO ••••• Hl ,•n .ue• • fA&, U1 .lt1 .1aet • www .a.&71.aA~T&Wff,0&0 ''"'·•· ,o .••.• ,. "'· "'· ... " • .,, 08 /0S /02 18:48 a AmrCole l'nlpn Ollleer MOUNI'.AJNSIPI.AINS • OFflC.! ~-··(~~--> I ~ N.U'ICNA.l. T*1Js r ,.~-.... _ .. FAX . TRANSMISSION TO, M-..,.{2 "Br,J ~L......i ORGJDUT: DAD: No. of papa:~ (indudin1 this c:cmir IMet) PLEASE DELJ\t"ER TRIS Fil IMMEDIATELY, TIIANIC YOUI y ••• IITII IT•IIT • Ivan I IH • D•••••· co ..... ............. •••• ............ • -··••T•••&&.TIWIT,Oae fer•i•f• Cl, RI, •r, •I, 1t•. 19, •1 I ff ( ( MEMORANDUM To : City Council . V From : Michael Flaherty, Assistant City Manager ' f(' Throup: Gary Sears, City Manager Date : August 1, 2002 Subject: Motto Property at Emerson & HWY 285 Maintenance The City Manaser has requested that I provide background information on the matter of 3588 S. Emerson Street in which the property owner, Ms . Mary Motto, has questioned the City's order to clear weeds from the right-of-way adjacent to her property. I have obtained the following information from the Public Works Department and the Code Enforcement Division of Safety Services . The m&tter of maintenance of the state right-of-way adjacent to private property along HWY 28S east of Logan Street has been an issue since lat swnmer . The IUacbed memorandum from Public Works Director, Ken Rou. dated August l, 2001, explains that State law passes right-of-way responsibilities to local jurisdictions and that the Englewood City Code requires that adjacent property owners maintain this public riaht- of-way; a copy of the City Code citation is also auached. Ken's memo further states that the Code Enforcement Division had worked with seven property owners alooa HWY 28S in 200 I to gain compliance with the City Code . Five of the seven complied at that time and one owner worked out an agreement to complete the work over an extended period of time . Ms . Motto failed to comply with a Notice of Violation issued for dead trees on the public right-of-way adjacent to her property . Later in August of 200 I , Public Works staff' cut a narrow shelf along 28S for pedestrians, as no sidewalk exists in that area . At that time Ken instructed his workers to QJl down some dead trees while they were doing this work in order to get the Ms. Motto problem resolved . Dead trees were the violation last year, weeds were not, and Public Works did not cut any weeds . No additional Code violations were issued to Ms . Motto in 2001; however, on May 9, 2002, she was issued a Notice of Violation for weeds . On May 29, 2002, Code Enforcement personnel met with Ms Motto It her property to clarify 1-reaponsibility . la early June, the Code Enforcement Division apin anempted to have the Colorado Deplltment ofTransportltion take responsibility for c:learins the weeds, however, the State denied responsibility in the attached letter, dated June 16, 2002 . A leCOlld Notice of Violation wu iuued to Ms. Moeto cm June 27, 2002, for "Obstruction ofRight-of-Way." Because no action wu taken by the property owner to remedy the violation, the property WU polted and the property owner nodfied that unleu tbe violation wu corrected within 30 days, a summons to court would be iuued. Following the postins, Ms . Mouo requested ID ldminilll'ative bearin& u provided by the City Code . The bearing WU held on July 17, 2002 and the Hearin& Officer ruled that the condition wu in violation of the City Code and constituted a nui•nce. A copy of the ruling is attached. lfMs. Motto does not comply with the postitls order, a IUIIIIIIOlll will be iaued on or after August 9, 2002, and ID amignmeat date will be Nl within 3().40 days . Followina ID arraignment. unless Ms . Moao pleads pilty, a court heiring would be Nl within 30- 40 days following the arraignment. At that point the Municipal Judp would bear the matter and make a ruling. It should be noted that during the process SUIIIDllliml above, Ms . Mono Im not made any auempt to clelr the ripl-of-way nor hu she discuued any oda opdon with Code Enforcement. u:h as an.-to brin& the pn,perty into complilnce OWi' some period of time, u one of her neighbors had previously llftllled. la &ct. tblt neipbor is now not complying with his aareed upon IChedule for cla'iDI his ript-of-way. Stiff believes that he is awaitm& the remit ofMa. Mono's 11t11npt to line die City clelr '- property . As Ken pointed out in his memo, there is approximllely 17,000 linear feet offtoalaae, tolaling about 8 acres ofript-of-way alo• tbis section olHWY 215 11cm. lfCcuncil is considering cbanain8 the provision of the Code dllt ..... prop11ty °'"*' to amalain adjacent right-of-way, the increuat City rapomibility and COiia will be lipiftcMt ( ( MEMORANDUM TO: City Council THROUGH: Gary Sean, City Manager FROM: Ken Ross, Director of Public Works DATE: August 8, 2001 SUBJECT: MAINTENANCE OF STATE HIGHWAYS WITHIN CITY LIMITS The State Legislature has passed a state statute that mandates that all maintenance of landscaping street lights, and sidewalks behind the back of curb along state highways are the responsibility of the local jurisdiction. Similarly the City Municipal Code does the same thing. by making it the adjacent property owner's responsibility to maintain the public sidewalk and landscaping in the public right-of- ways adjacent to their properties. On Highway 285 there is about 17,000 linear feet offtonaaae in the City ofEnalewood. On average there is about 20 feet of land behind the back of curb . Which means there are about eight aaes of COOT right-of-way that by state law and city code mandate adjacent properties must maintain . Recently , Code Enforcement has been working with seven property owners to pt them to take care of weeds, dead trees, and dead branches along HWY 285 . Five of the seven have complied or are in the process of complying . On one parcel Code Enforc:emeal bu worked out a three- year phasing plan to accomplish the required measures to bring the property in compliance . The property owner at Emerson Street and HWY 285 has made several phone calls to the various representatives to the City complaining about having to be responsible for COOT ROW . Once her neighbor learned about City staff looking into the situation to clelermine the reuonableneu of the requirements, the neighbor immediately stepped forward with similar concerns . Since this is definitely a policy issue, we thought it might be best to dilala the situation with City Council before proceeding . Dave Lee, &om Parb and Dave Lynn fiom Code Enfoccement will be joining me , to discuss the situation ll the City Council Study 5-ioa on Auaull 13, 200 I . Attach. cc : Dave Lee Dave LyM Dell Montgomery ( ( ( ,.: ENGLEWOOD lft"NlCU' • .\L. CODE 11-5-o Chapter 5 TUES . .\ND SBRliBS a-~-l: Shoff Title. ll-5 -l: Oeibuaona. u .. ;.1, Rae,-t. 11-~-4: 8-ned. ll-5-5: Pn,pefty Qwner's ileepaaaibilicy for Public Rich, of Way. 11-5-6: ~ md a.-al Pree.duns 11-.1-i: a..a.a1 Uoder s,.ia1 ~' Oillcrim. 11-~ Prahibiced • .\eta. Coadiliom. 11+1: Shon 'ntle. This Chapter shall be known and may be cited as, "The Tree 312d Shrub Ordinance" of the City of Enciewood. Coior:ido. 1C.Jde :985. § 11-5-1> ldl&.'1 -.-Ord. :>fo. 00-7, 1 ~9. ldoi-t ~ -1. :?000, ~ tKUGll 11-5-1 ill ita <Dcincr. :"'>l'mff MfflOII ll-5-3 pena,aacl to the C'NIMIG .IIIGJurildiraon aiuie odlce ai die a&y :-~ deriwed tram the Code oi :986. ~ :J...J..;. &ibolr'1 --Ord. ~. 00-;. I l90 . .ulopced ~ a. :?000. l'9peaied .«Uon il-54 ill 11a -mi:inty. :'onaer .«tion For :he purposes of thia Chapter. the follOWUlf ll-5-4 perwned :o :be .wdloricy •ti the :1'71 :iuwur lAG :erms. ciu'Ues. words and their derivations shall denvecl :iam the c.-oi l.9116. t :.i-S-4 . have the mnninp iiven herein. Whu noc~i,ncaa. 'i 311t8Dt -.vith the tut. worda UHd in the . l~rty Owlaer'1 R.-ponlibWty for teDN include the fumn, words in the p • · Public Rip& of Way. number :nclude the siqular number and worda It mall be the nispoaaibility at the coat of the in the tinplar number inciude tbe plur.il nwn-owner md aaent of :uiy property ~ t0 any ~r. The ·word "Jha.11" ,.. :llways mandacor:, and public sidewalk . meet.. avenue. bipway or alley not :nereiy directoey. t0 maintain. trun. spmy, remoN. plant. prune C:::,: The City of Enfiewood. Colondo. Locai Gocit1'!'11Mnt: .\county, city, city and coumy, :ncorpor:1ted toWn. ..chool di.nnct. $pecial improq- menr i i~tnct. -.acer diatnc:. sanitation diaaict. lire '"tlon diaaict. police protection diatrict. :netr1.,. an district. irnptioa district. dr:un- .1,re. public corporation or :iny other kind of public district or political :1uodivi111on oi the St.ite orp- :uzed punuant to law . Person : . .\ny ;ierson. firm. partnership. -.. '.ition. corpor:inon. company or lll'Jll,niz:lnon ·if any !und. Strttt 1rrt . r~t or P!an:: .\ny trN. VU1e. shrub. :1edi• ?r 1.iwn .. \ny of .1 lanadom , plantei poaen- in1 cellulose cell walls ia :i trff or thrub 1D :i public pi.ice dXcept ••hen lltherw\N illdic:iced . •Cvde :985 . l a . .;.·.!; Ord . 00-7. i l5d. 3.,;.1)()1 and protect :ill ;,lants loc:wid 11pon tw:h ;,ublic ripe of-.ay. 1Code 1986. } n-.5-5> U-Ui Pnaer,raiioa and Removal Proce- duns. When the City 5hall liAd it neceuar; to order tbe trimmin,. spr:i,mc, pnNl'Vation llr remova! of cnes llr pluu upon public or pn,.·:ite property, u .1uthonzed in thia Chapter. :i wnttea order co con-ec:t die condition shall be -~-ed upon the owner. oper:iror. occupant. other person responsi- ble or upon the property •hen the conciitioa uilta . . \. .W,rltod oi xrJic,. The order requind lwmD ihail be served in one or' the !ollow- inr ways in order of prefenon: t. By :nakiq personal deliver., ol the llnier to the penon l"Npouable: Supp Xa : CDU:J8 ( ( DEPARTMENT OF TRANSPORTATION Region 6 Right of 'Nay 2000 S Holly Strfft Denver . ColOrado 80222 (303) 757-9212 June 17, 2002 Department of Safety Services City of Englewood Colorado 3615 South Elati Street, engiewooo, cc, 8011 u Att: Dave Lynn RE: Notice of Violation Mr. Dave Lynn: STATE OF COLORADO - The property at 3588 S. Emerson is Qg! COOT property. I have visited the site and discovered this portion of right-of-way falls with in the public way of State Highway 285, and not an excess or remainder parcef owned by COOT. As you know, Colorado Revised Statute 43-2-135 "Oivieion of Aulhortty over Streetsft basicaily states; it is the rasponsibility of the local entity to maintain street right-of-way from back of the curb to the right-of-way line of said strfft. In this case , it is the local entities responsibility to mow and clean up W9eds mentioned in the notice. Resp~~ ~ ".;irr." C. S y;on GDOT Megion 6 Property Management Coordinator JDS/me Attach : Cc : ,A.nders File ~ ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO \lRDER OF NUISANCE ABATEMENT HEARING OFFICER Mollo.Marv 3588 S. Emerson Engtewood . CO 80110 Thia Defendant. having reqUNtad • haring regarding the Notice given her on July 9, 2002. ca,,e before me this date . After Maring all al the evidence and teltimon'y , I have determined the following : Coda Enfon:ement Ol'llc:er Faaeruk poeted the lbcM liltld property • being in violation al 11-5-5 Obstruction Right-al-Way . Offlcer Fauruk l9ltlfted and allnd photOI that depic:tad the property in question on July 9, 2002. The pic:bne lhowed o,.eigiawn ~111t10n and trw on a stNpty sloped RCJN a,ea the Defendant owns. Ma. Motto agreed the pic:turel were an accura11e representation of the property. Ma . Motto testified to .... contacta made with the City in the past. She indicated that until fairly recently , she was not aware that the ... n was being cited for WM the adjacent hiH . She also indicated communic:lltion with __.. city agen1a over the courN al approximately a year , that she believed indlclnd they would try help to c:lar the .... However, both the Defendant and the City agrN that with the lat c:ommun1c:111io 1Mt to Ma . Moao daled Jl.l'le 17, 2002 . it was made clear to the Defendant that n wa lOlely rlllPC)nlible for clNring and maintaining the property in question . a...d on the above information, it 1s evident that the property ..,., in fad. in violation and COflltillad • nuisance on July 9, 2002 as cited. DONE AND SIGNED ON RECORD . this 1°79' day of July , 2002 . Tamara Wolfe I Nuisance Abatement Heari ng Officer To: Mike Flaherty/City of Englewood, cc: Subject: Mlnuta 8/5 BRENDA CASTLE 08/14/2002 03:44 PM ~ Okay, this Is my last request for the 8/5 minutes. May I get a copy of the letter nderenCled In the paragraph below? Thanks. (a) Mark Wolfe, Deputy State Historic Pnllmvatioa Officer f'or lbe Colarado Hi11arica1 Society- praent to addrea Couacil repnliDa the Sbnitt Howe. Mr. Wolfe advilecl ._. Ill ii lbe DinclDr oflbe Stale Hillorical Puad, wbida ii the Hillarical Society', adminiaaered pull ...... lie apawecl ... 4¥eciatiw tbr beiaa able IO lpllk lO Council du.....,_ He mnincled Council 1lllt be bad already ...... a letter to them dated July 3. 2002. and asked that it be made a pan of the mord oftoaipt'1 lllllllml-lie added._. he~ be happy, wbm Ill -flnillled apeakiDa, to -IIIY queslioal it imy ave railed. lie m st 0·11 Li._. lbe Colando Hi9torical Society'• priary purpoae ii really facililalion. We are Jae to ...a pmaa jlftljlllly-, pablic ownen, not-for-profit ..... tJ Mike Plaherty 08/13/2002 10:46 AM To : Brenda C.stle/Clty of EnglewoodOCOE cc : Subject: Re: Council minutes 1:1 Close. It Is Mary Motto. BRENDA BRENDA CASTLE 08/13/2002 09:33 AM • To: Mike Flaherty/City of EnglewooclOCOE cc: Subject: Council minutes I am working on my minutes from the 8/5 council meeting. During Mayor's Choice, they were talking about a property that the city might clean up and then place a Hen on the property. It sounded like they called It the "Moto" property. Is that right? Do you know the address? Thanks for your help.