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HomeMy WebLinkAbout2001-08-06 (Regular) Meeting Agenda Packet• • • • I" .~·,r • - Englewood City Council Meeting August 6, 2001 Resolution#~ 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76 •· " .. 0 • .. 0 0 I • 0 32X • • -• ' . .. • • - ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY. COLORADO I . Call to Order Regular Session August 6. 2001 The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7:57 p.m. 2. Invocation The invocation was given by Council Member Nabholz . 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Bums . 4 . Roll Call Present: Absent: A quorum was present . Also present : 5. Minutes Council Members Nabholz. Grazulis, Garren. Bradshaw. Wolosyn. Yurchick. Bums None City Manager Sears City Attorney Brotzman City Clerk Ellis Director Fonda. Utilities Director Long, Library Services Director Ross , Public Works Director Gryglewicz, Financ and Administrative Services Patrol Operations Division Chief Moore, Safety Services (a) COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 16, 2001. Ayes : Council Members Nabholz. Garrett , Bradshaw, Wolosyn . Yurchick. Bums Nays : None Abstain : Council Member Grazu li s Motion carried . 6. Scheduled Visitors (a) Mayor Bums noted that Tim Sullivan, President of the Englewood Emp lo yees Association, was scheduled to speak. but he had to cancel as hi s son ,s being honored as one of the most valuable players on his T-ball team. * •• * * . ' I • 0 - • • -• Englewood City Council August 6, 2001 Page 2 • • - COUNCIL MEMBER YURCHICK MOVED, ANO IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 36 AND AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 37, ON FIRST READING AND TO SET A PUBLIC HEARING FOR SEPTEMBER 4. 2001. Mayor Bums explained that they are advancing Items I I (a) (i) and I I (a) (ii) on the Age nda . Council Member Yurchick explained that Agenda Item I I (a) (i) 1s C ouncil Bill No . 36. a recommemlat1on from the Depanment of Safety Services to adopt a bill for an ordinance approving an amendment to Tit le 7. C hapter IA of the Englewood Municipal Code penaining to Animal Control issues and Agenda Item I I (a ) (i1) is Council 8111 No . 37. a recommendation from th e Depanment of Safety Services to adopt a bill for an ordinance approving an amendment to the Englewood Municipal Code penaining to the number of pets per house hold allowed in th e Cit y of Englewood. I I (a) (i) COUNCIL BILL NO. 36, I TRODUCED BY COUNCIL MEMBER YU RCHJCK A BILL FOR AN ORDINAN CE AME NDING TITLE 7, C HAPT ER IA. OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO DOGS AND CA TS. I I (a) (ii) COUNCIL BILL NO. 37, IN TRODUCED BY COUNCIL MEMBER Y RCHI C K A BILL FOR AN ORDINANCE AMENDING TITLE 7, C HAPT ER I A. OF THE ENGLEWOOD M UN ICIPAL CODE 2000, PERTAINING TO THE NUMBE R OF AN IM ALS MAINTAINED AT A HOUSEHOLD OR PREMISES. Vote results: Ayes: Nays: Motion carried. Council Members Nab ho lz. Garrett. Bradshaw, Wolosyn. Yurchick. Grazulis. Bums No ne Council Member Grazulis sa id she thought Council should explain to the public what they are doing and why. Council Member Bradshaw noted that some of the c lllzens have come to thi s meeting to discuss animals . happen to be an animal owner, she said, and I also have so m e issues with thi s . Ms. Bradshaw explained that what Council is trying to do is to pass the two counc il bills on first reading and then provide an opportunity for people to speak on the record at a pubhc hearing . S he sta ted that originally the se were not set for a public hearing. The reason we moved these two uems forward on the Agenda. she said, is so yo u would not have to sit here all night and, secondly, to set the public hearing for Se ptember 41h, at which time you can-speak to Council. on the record, about the potential pet o rdinances . Ms. Bradshaw pointed out that that does not preclude anyone from speaking tonight as un schedul ed visi tors. Mayor Bums noted that there are two people signed up to speak on thi s issue under unscheduled visi tors. If anyone else would like to speak on that same subject . under un scheduled visitors, the y can also speak even if they haven 't signed up . Every time we meet in regular session. he said, we give everyone an opponunuy to speak on any issues under unscheduled visitors. 7. Unscheduled Visitors (a) Cliff Young, Vice President of the Englewood Hi storical Society, said that . we. as th e board of the Historical Society. endorse the expenditure of the Ci ty and State money to stabi li ze th e Tom Skerritt property. As custodians of Englewood history, he said. we view thi s as a prudent and desirable action. He asked if there were any questions. There were none. Mayor Bums thanked Mr. Young . • I • 0 • • Englewood Cily Council August 6, 2001 Page 3 I • ,. • • - (b) Don Doheny. 120 Y, West Princeton Avenue. said he would just hke to sa y someth mg about what happened Saturday night. August 4•h . I was asleep. he sa id . I fell asleep on my recliner while I was watching a movie and a knock on my door woke me up . I went to the front door. which is my storm door and it was locked. There were a bunch of flashlights in my face and they announced themselves as the Englewood Police Department and asked if I would please open the door. I opened the door, came out and I had probably taken one step down, he said. when I was grabbed, thrown down on the floor face down. handcuffed, all of my stuff was taken out of my pockets and I was not told what was going on. I did jokingly tell the cops that they had the wrong man and for the first time in my life that was very true . They needed to knock next door, he said. because I have some elements next door to me . After a few minutes I was brought up on my feet and put on the grass outside my house. A witness , that seemed to be the man whose accusations brought the cops to my house. told the cops it wa sn 't me . He knew my face and he knew I h ved there and all that and at that point the police proceeded to knock next door. At that point the yo ung man came out and he was handcuffed . My purpose here to ni g ht is. I don't know. I JU St felt I needed to be here, he said. and say something and the opponuntty arose. I have no mahce against the po hce depanment. I understand the situation. Procedure was done. yes. I would ha,·e hked to sec procedure done on the real dude that was supposed to have been there ... he didn't ge t thro wn dO\\ll o n th e floor. He 1s the type of element that knows to put his hands behind hi s head . I appreciate that a Sergeant d td come b> lat er on and talk to me. he apologized and all that and I accepted tt and I sull do . I had no problem ,, 1th that. I know we have something going on here in Englewood. I love Englewood. he sa id . I have hved here a number of years and I haw ne ve r had a problem wtth the la". Yo u ha ve had no problem" 1th me . yo u probably don 't even know who I am and I ho pe it stays that way. but I JUSt felt thi s needed to be brought up . I hve 111 the so luuon. he sa id , I used to be the problem. ~ayor Bums thanked Mr. Doheny for commg. He asked that City Manager Sears look mto thi s and cc wha t happened . Council Member Bradshaw advised Mr. Doheny that the y were going to look into it. ( c) Kirstin Grazulis, 4489 South Lincoln Street. advised that she was here about the lea sh law. In some ways I agree and in other ways I don 't, she said. I live across the street from a park and I would like to train my dog off-leash. She showed Council some of the ribbons she ha s won. The ribbons are for what I have been doing with my dog off-leash, obedience, she said . Ms. Grazulis said that 1f Council would not mind she would like to bring her dog in for a demonstration. Mayor Bums explained that Council has scheduled a public hearmg during the firs t week of September and that Council doesn 't usually have demonstrations during this pan of the meeting and in fact the ume 1s limited. If someone would like to do a demonstration, he said. we can talk about having tt at the time of 1he public hearing. He noted that when you speak tonight it is not pan of a public hearing on the leash law. 1t 1s JUSI an opponunity to say something. But the first meeting in September will be an official public hearing on the leash law 1tselfso that would be the time 10 propose something hke that . M s . Grazuhs sa id oka)' . Mayor Bums thanked her. (d ) John Grazulis, 44 89 South Lincoln Street. said he jusl wanted to come thi s evening and stale a couple of opinions aboul the proposed legislation. As my daughter so well described. he said. she s pends a lot of lime and a lot of effon traimng her dog as an obedience dog and it ts also a show dog. One of the things we take a 101 of pride in is the fact !hat the dog is able to be !rained to do so me wry. ve ry s pec ifi c thmgs and those specific things need to be done withoul !he encumbrance of a lea sh. al lea s! while they are bemg tramed. II is amazing to me. he said. that some people have spoiled it for everyone by lettmg their dogs roam or ma ybe walking down a streel or busy mterseciion wilh a dog off a leash. I agree thal there may be some requirement, for the animal 's own pro1ect1on. to be restrained at that point m time. There are a lot of very irresponsible pet owners, he said, I think we have all seen that. There are also some very irresponsible parents and I think we have all seen that. I am just concerned that we are trying to legislate something here that maybe we shouldn't be leg1 s la1ing. Maybe it 1s okay to have an ordinance that • .. I • 0 - • • -• • ........ , ... • - Englewood City Council August 6, 2001 Page 4 says yo u need to have an animal constrained or not put in a pos1t1on of danger or put anyone e lse in danger. But I think the same thing could be said of children. he said. and I am not so sure we want to get on that very fine line of legislating behavior. One of the things I was hopi ng wc co uld discuss. or ma ybe suggest to the Mayor and Council this evening. was to be very. ve ry careful how wc word these kinds of thing s. because once we pass legislation it is very. very hard to chan ge it. I just wanted to take thi s opportunity to suggest that ma ybe we could reach some sort of a compronuse proposal. I think all towns ha ve some sort of a leash law that says you can ·1 be running in traffic with your dog. but I just really think we are goi ng a bit overboard when we can 't have a dog in a park to ha,·e children play with them and that kmd of thing . Again, Mr. Grazulis said , we have an opportunity at the public hearing to have a demonstration of an obedience dog and I would appreciate that opportunit y and look forward to presenting our case a little bit further. Mayor Bums thanked Mr. Grazuhs . (e) Judy Wallace . 530 East Amherst Avenue . stated she came to ni ght to speak in favor ofa leash law, that she understands there will be a pubhc hearing and she intends to be there . I understand the concerns of Mr. Grazulis and hi s daughter. she said . I have had my dog attacked in a park by dogs off leash so that is where my passion comes from she said. and I will appreciate the opportunity to come to that hearing . Mayor Bums thanked Ms . Wallace . (f) David Anderson. 327 West Princeton Avenue , said he came to the meeting tonig ht to ask that Council not be imposing laws and amendments to codes that don't really need it . I am afraid that some of this amending that you want to do is not necessary. he said, and I just reall y. reall y. wanted to make sure it is understood that a lot of us think things work well the way they are and they don't reall y need to be addressed so stringently . Mayor Bums thanked Mr. Anderson. (g) Steve Hoelter, 4460 South Elati Street , stated his issue is traffic and he ha s three issues . know we have the trash trucks restricted to two da ys a week. he sa id . but the gravel trucks goi ng from the recycler are constantly going up and down Oxford and up and down Broadway. I watched a tru ck ton ight at approximately 3:30 or 4 :00 this afternoon . he said. and II belongs to the people that are ren o vating Englewood High School. and it is a long senu-tractor trailer and he did 45 miles an hour all the way up Oxford and he ran the light gomg east at Oxford and Broadway. He was going so fast through that intersection that he was getting a,r underneath the back tire s of the trailer it was bouncing so much . That is primarily the issue. We seem to have a lot of these gravel tru cks that want to use Oxford and Broadway as their main thoroughfare all the time and the y are JUSI cuttmg through . Mr. Hoelter opined thi s is a very big hazard . I think there are more of them then there are tra sh truck s. he sa id . and the y are speeding a lo t. The other issue is the radar trap that I constantl y see , JUSt north of Dartmouth on Santa Fe. on the west side of the street, on the so uthbound lane . We don 't hav e any sc hool s do"11 there . we don·1 have any c hurches down there . No, he said. I didn 't get a ticket recentl y. but they are constantl y down there . I live clo er to Broadway and Tufts and the y are constantl y running red hght s there . When I was a kid in this town and got my driver 's license at 16 or 17, I could hardl y even start my hot rod in this town wi thout the man busting my chops over it. You go up here now , and on Fnday and Saturday night s people are goi ng 45 and 55 miles an hour, up and down Broadway, running the light s and it is really bad. Mr. Hoe lter noted th ose are the three issues that he wanted to bring up. He thanked Council for their time . Mayor Burns thanked Mr. Hoelter. He agreed that tho se are important issues . We are doing a transportation and traffic study at the moment and we also have more officers on motorcycles, he said , so I think some of our enforcement has actually gotten a little better. Those are constant issues in this C it y. he said. and I appreciate you bringing them to our attention once agam . • * * •• Mayor Burns advised the folks interested in the leash law that the Public Hearing set for September did not have to be legall y set. We are doing that to give a voice to the people who "ant to come and speak to thi s issue in an official setting, he said, and we appreciate the fact that some of you have said yo u would hk e to come back and speak at that Public Hearing. • I • 0 • • -• Englewood City Council August 6. 2001 Page 5 • • - 8. Communications. Proclamations and Appointments .. .. (a) A proclamation declaring the week of Augu st I 9 through 25, 200 I as Health Center Week was considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING THE WEEK OF AUGUST 19 THROUGH 25. 2001 AS HEAL TH CENTER WEEK. Ayes : Nays : Motion carried. Council Members Nabholz. Garrett . Bradshaw. Wolosyn . Yurchick, Grazulis . Bums None Mayor Bums presented the proclamation to David S. Myers . Executive Director of Metro Conm,unity Provider Network . Mr. Myers explained that MCPN, Metro Community Provider Network, started providing services to the City of Englewood about three or four years ago. We are pleased to continue providing services and looking at the expansion of services for those who have difficulty accessing healthcare , he said . and all of our medical services are offered on a sliding fee discount . We thank you for proclaiming the week o f August 19'" as Health Center Week, he said . 9 . Public Hearing Ne, pubhc hearing was scheduled before Council. I 0. Consent Agenda COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED. TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i) THROUGH (iii). 10 (b) (I) THROUGH (1), AND 10 (c) (i). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO. 32 , INTRODUCED BY CO NCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AMENDING TITLE 11 , CHAPTER I , SECTION I , S BSECTIO N B. PARAGRAPH I0.5, OF THE ENGLEWOOD MUNICIPAL CODE 2000, RELATING TO TR UC K TRAFFIC CONTROL DEVICES . (ii) COUNCIL BILL NO. 50, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AUTHOR1Z!NG AN INTERGOVERNME TAL AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND THE C ITY OF ENGLEWOOD DOCUMENTING THE ARRANGEMENT AND RESPONSIBILITIE S OF THE CITY OF ENGLEWOOD AND COOT FOR THE 1-25 SOUTHEAST CORRIDOR COLORADO TRANSPORTATION MANAGEMENT SYSTEM (CTMS). (iii) COUNCIL BILL NO. SI. INTRODUCED BY COUNCIL MEMBER GARRETT I • 0 • • Englewood City Council August 6, 2001 Page6 '· •' • .. • -' A BILL FOR AN ORDINANCE APPROVING AN I TERGOVERNME TAL AGREEME 'T W ITH COLORADO ST A TE UNIVERSITY (CSU) FOR THE COOPERATIVE RESEA RCH PROJECT ON LAND APPLICATION OF SEWAGE BIOSOLIDS ON DRYLA ND WHEAT. (b) Approval of Ordinances on Second Readin g (i) ORDINANCE NO. 34, SERIES OF 2001 (CO NCIL BILL NO . 33 . INTRODUCE D BY COUNCIL MEMBER GARRETT) AN ORDINANCE APPROVING AN INTERGOVERNME. TAL AGREEME NT BETWEEN T II E ARAPAHOE COUNTY BOARD OF COMMISSIONE RS BY AND THRO G H THE ARAPA HO E COUNTY CLERK AND RECORDER AND THE C ITY OF ENGLEWOOD TO COND CT A COORDINATED ELECTION ON NOVEMBER 6. 2001. (i i) ORDlNANCE NO. 35. SERIES OF 2001 (COUNCIL BILL NO. 38 . INTRODUCED BY COUNC IL MEMBER GARRETT) AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A BALLOT IS SUE AUTHORIZI. G THE ISS UANCE OF GENERAL OBLIGATION BONDS AND THE LEVY OF PROPERTY TAXES TO PAY SUCH BONDS; SETTING THE TITLE AND CONTENT OF THE BALLOT FOR THE ELECTION: AND PROVIDING OTHER MATTERS RELATING THERETO (iii) ORDlNANCE NO. 36, SERIES OF 2001 (COUNCIL BILL NO . 39 . INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE C ITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE X. PART III , SECTION 104. OF THE El\GLEWOOD HOM E RULE CHARTER. (iv) ORDINANCE NO. 37. SERIES OF 200 1 (CO NCIL BILL 'O . 40 . INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTOR OF THE C ITY OF ENGLEWOOD AT THE NEXT SCHEDULED M N IC I PAL ELECTION A PROPOS ED AMENDMENT TO ARTICLE VI. SECTION 46. OF THE ENGLEWOOD HOME R LE C HARTER . (v) ORDINA CE '0 . 38 , SER IES OF 2001 (CO NCIL BILL NO . 41 . INTRODUCE D BY COUNCIL MEMBER GARR ETT) AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE C ITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE VI , SECTION 47, OF THE ENGLEWOOD HOME RULE CHARTER. (vi) ORDINANCE NO . 39, SERIES OF 2001 (COUNCIL BILL NO. 42 , INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE C ITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE IV . SECTION 34. OF THE ENGLEWOOD HOME RULE CHARTER. (vii) ORDINANCE NO. 40, SERIES OF 2001 (COUNCIL BILL NO. 43, INTRODUCED BY COUNCIL MEMBER GARRETT) • .. . • . ' .. I • 0 ] • • Englewood City Council August 6, 2001 Page7 ' . .. • .. • • ' AN ORDINANCE SUBMITIING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE V, SECTION 41 , OF THE ENGLEWOOD HOME R ULE CHARTER . (viii) ORDINANCE NO . 41, SERJES OF 200 1 (COUNCIL BILL NO . 44. INTRODU CED BY COUNCIL MEMBER GARRETI) AN ORDINANCE SUBMITIING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDU LED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE X, PART IV , SECTION 113 , OF THE ENGLEWOOD HOM E R LE CHARTER. (ix) ORDINANCE NO . 42, SERIES OF 2001 (COUNC IL BILL NO. 45. INTRODUCED BY COUNCIL MEMBER GARRETI) AN ORDINANCE SUBMITIING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE X. PART IV , SECTION 116. OF THE ENGLEWOOD HOM E RULE CHARTER. (x) ORDINANCE NO . 43 , SERJES OF 2001 (COUNCIL BILL NO 46. INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL SUBGRANTEE AGREEMENT BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD. ( c) Resolutions and Motions (1) PURCHASE OF ONE RES CUE VEHICLE FOR THE FIRE DIVISION FROM McCOY MILLER IN THE AMOUNT OF $85 .250.00. Vote results: Ayes: Council Members Na bholz. Garren. Bradshaw, Wolosyn. Yurchick, Grazulis, Bums Nays : None Motion carried. 11. Regular Agenda (a) Approval of Ordinances on First Reading (i) This item was moved forward . See page 2. (ii) This item was moved forward. See page 2. (iii) Director Fonda presented a recommendation from the Utilitie s Depanrnent to adopt a bill for an ordinance approving Revenue Bonds for the Danmouth Avenue Storm Sewer Project. We have discussed this in Study Session, he said. The bonds , along with Agenda Item 11 (a) (iv) which is an increase in the rates to carry the bonds , will reconstruct the storm sewer on Dartmouth, which is in fairly imminent danger of collapse. Mr. Fonda stated that the bond would be in the amount ofSl.675 ,000 .00 and there would be about a S200 ,000.00 reserve . We will also be doing a lot of paving and other milling work that is included in the project. he said . • . I • 0 • • • Englewood City Council August 6. 2001 Page 8 • . . • - Council Member Bradshaw asked if we would be upgrading all the util ities. so we don ·1 have to tear that back up again . She asked if there was anything else we needed to do on that street. Director Fonda said not on Dartmouth. So. Ms . Bradshaw said. we don ·1 need to worry about digging that up again . Mr. Fonda said no . Director Fonda asked if there were any other ques tions. Mayor Bums noted Council ha s discussed this during Study Session in so me le ngth . Ci ty Manager Sears commented that he thought Director Fonda had covered all of the issues. but that ht· thought it was important to note that the construction is going to be during the evening hours or dunng the night. Director Fonda said yes and that he thought they would keep one lane open. City Manager Sears said that we don ·t anticipate it affecting any of the residential commu n11 y m that area. because it is along the commercial route . Council Member Bradshaw said because 111s 1400 through the 2400 bl oc ks of West Dartmouth . Council Member Bradshaw said the other thing is that this would re sult in an increase ofS9 .86 per residence per year . Direc tor Fonda said yes. that is a httle higher than he had menti oned before. but when all the costs came in and they were a little higher. we had to account for the bond re se rve . So. Ms . Bradshaw said. it will be around $ I 0 .00 per residence per year. Mayor Bums asked how that compares with other communities. Director Fonda advised that the y have looked at several of them. In Boulder it is approximately $60.00 a year. he said, and in Denver it look s like it is close to $60.00 a year for a residence with 4 ,000 square feet. although they have quite a complicated formula . Aurora appears to be about $72.00 a year. the City of Golden is $36.00 and Westminster 1s $18 .00, so they would be close to us . He pointed out that a lot of communities don ·1 have them. because they are funded by the General Fund . Mayor Bums commented that it is a pretty good bargain. Council Member Bradshaw asked if Cinderella City had picked up a large chunk of our storrn sewer projects. Director Fonda said yes. that as far as he has been able to ascertain there was a quarter of a cent sales tax budgeted for building storm sewers. There were some compromises, he said. but I think the y ha ve covered the City for the two-year storms. although we get flooding when it goes higher than that. dunng more intense events. But, he noted , they spread the quarter ofa cent and built a very good system. In thi s case, though , the corrugated metal pipe in some of the areas has deteriorated. although some of it ha s held very well. The reason for the detcnorat1on over here is probably that the drainage ha s acid in 11 from landfill s and so forth and it ea ts away at the pipe. so we will be replacing it with reinforced concrete . Counci l Member Nab holz asked about th e lifespan of thi s co ncrete . Director Fonda stated that he th o ught the concrete s hould la st a mmimum of 50 ye ars. He noted this could have la sted much longer too , but they hadn 't counted on the leac hate that was coming out of the ground and getting into the storrn drainage. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (•I (Iii)· COUNCIL BILL NO. 48. COUNCIL BILL NO . 4 . INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR A ORDINAN E OF THE CITY OF ENGLEWOOD, COLORA DO, ACTING BY AND THROUG H ITS STORM WATER ENTERPRISE, AUTHORIZING THE ISSUA NCE OF STORM WATER ENTE RPRISE RE VEN E BONDS, SERIES 200 1, FOR THE P URPOSE OF FINANCING CAPITAL IMPROV EME 'TS FOR SE IN ITS STORM WATER ENTERPRISE; PRESC RIBING THE • . ' I • 0 • • Englewood City Council August 6. 2001 Page9 ) ~ .. • ,. • • FORM OF THE BO. DS : PROVIDING FOR THE PAYMENT OF THE BONDS FROM THE OPERATION OF THE STORM WATER SYSTEM : A D PROVIDI G OTHER DETAILS AND APPROVING DOCUMENTS IN CONNECTIO N WITH THE BONDS. Vote results: Motion earned. Ayes: Nays : Council Members Nabholz. Garrett. Bradshaw. Wolosyn. Yurch1ck . Grazuhs, Bums None (iv) Mayor Bums advised that this item is the rate increase they just talked about . Director Fonda presented a recommendation from the Utilities Depanment to adopt a bill for an ordinance approving a rate increase for the Danmouth Avenue Storm Sewer Project. He advised this wou ld bring the rates up to $16.66 a year for a resident and there is a number per square foot of 1mperv1ou s area . $0.00554 per square foot per commercial enterprises . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (h•) -COUNCIL BILL NO. 47. COUNCIL BILL NO. 47. INTROD CED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING A RATE £NCR EASE TO THE STORMW ATER Ft;:-.;D FOR THE DARTMOUlli AVENUE STORM SEWER PROJECT. Vote results: Motion carried. Ayes : Nays : Council Members Nabholz, Garren. Brad shaw. Wolosyn. Yurchick . Grazuhs. Bums None (v) Director Long presented a recommendation from the Library Depanment to adopt a bill for an ordinance approving a contrac t with the Colorado Historical Society for the stabilization of the Thomas Skerrin House . He advised that in 1999 the City purchased the Thomas Sh·mtt Hou se and shonly th ereafter it was added to the City 's historic propenies list. He noted that that same ye ar we secured a grant for$ I 0 ,000.00 to do a historic structure ·s assessment . Mr. Long pointed out that one of the things that was determined was that the propeny is historically significant. but the house is not necessaril y architecturally significant. The significance is that it belonged to Thomas Skerrm. he said . We al so asked for a second grant to stabilize the property to keep it from falling down and to repair th e cx1crior o f the propeny. We have received that grant from the Colorado Historical Society, he said , and th e contract before Council would authorize us to proceed with that . In response to Council Member Bradshaw, Director Long explained that the propert y and the house ha s significance only in the fact that it belonged to Thomas Skerritt. there is no architectura l significance to it. There is no one style, he said , there is a combination of styles. Mayor Bums noted that this is to funher stabilize the property. Director Long said yes , it is to stabilize 11 and to remove the lead based paint and any other exterior hazardous materials . to replace the porch. to paint the exterior, to replace the roof and to replace the foundation . He emphasized that it docs not address an y interior modifications, that that is down the road and more money will be needed . Mayor Bums noted that Council has discussed this before at Stud y Session . • • • I • 0 • Englewood City Council August 6, 2001 Page 10 1~ ·-. • • - COUNCIL MEMBER GRAZULIS MOVED. AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (a) M -COUNCIL BILL NO. 52. COUNCIL BILL NO. 52 , INTRODUCED BY COUNCIL MEMBER GRAZULIS A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL GRANT FOR THE STABILIZATION OF THE THOMAS SKERRITT HOUSE BETWEEN THE COLORADO STATE HISTORJCAL SOCIETY AND THE CITY OF ENGLEWOOD. Vote results: Motion carried. Ayes : Nays : Council Members Nabholz. Garrett , Bradshaw. Woiosyn. Yurchick., Grazulis. Bums None (vi) Mayor Bums advised that this Agenda Item is a recommendation from the Department of Public Works to adopt a bill for an ordinance approving a vacation of the nght-of-\\ay m the 2400 block of South Pecos Street. Council Member Yurchick stated that he would be abstaining from this as he 1s personall y inv o lved . He noted that this process started. actuall y, back in 19 88 and we had two ci ties splitting the street. Eng le"ood was the easy application, he said, Denver had 26 or 27 agencies that we had to go through to get that vacated. Mayor Bums commented that government does not move with the speed of light . Director Ross advised that the City Council approved a resolution way back on October 6. I 997 to authorize the vacation of the Pecos Street right-of-way . Staff has been working with the applicant to resolve the required conditions and staff believes that the 1997 conditions have been adequately addressed . So. he said, staffrecorrunends that Council approve the resolution to vacate the west 30 feet ofnght-of-wa y on Pecos Street, between Harvard Avenue and Wesle y Avenue . He asked if Council had any que stions. Mayor Bums commented that after four years of effort they should probably pass this quickl y before somebody thinks of another agency that needs to approve it . COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (vi) -COUNCIL BILL NO. 53. COUNCIL BILL NO. 53 , INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL. FOR AN ORDINANCE VACATING A PORTION OF THE RIGHT-OF-WAY LOCATED IN THE 2400 BLOCK OF SOUTH PECOS STREET BY THE CITY OF ENGLEWOOD. COLO RADO . Vote results: Ayes : Nays : Abstain: Motion carried. Council Members Nabholz, Garrett , Bradshaw, Woiosyn, Grazulis. Bums None Council Member Yurchick (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 10 -Consent Agenda .) • .. • I • 0 • • -• Englewood City Council August 6, 2001 Page 11 ( c) Resolutions and Motions • ... • - (i) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a resolution to transfer and appropriate funds for th e Centennial Ballpark Project and additional funds for the Centenmal Park property . He not ed that Co un cil was given an update on the progress of this project July 16, 2001. He explained that thi s is a result of that discussion . He stated that the total amount being rransferrcd to th e Publi c Improvement Fund and appropriated for the project is $899,569.00 . He advised that $469.000.00 ,s comm g from the Conservation Trust Fund and that·s coming from Fund Balance $200.000 .00 . th e Shoreline Stab1il zat1on l'roJect $95,000.00, the tennis and basketball court renovations and that is $24 .000.00. Parks Infra stru cture tud y 1s $75.000.00 and the CTF Contingency is $75 ,000 .00. The General Fund is transfemng $476.4 78 .00 and o f that $363,223.00 is being transferred to the PIF for the project itself and another S 11 3.255 .00 1s goi ng to the Capital Projects Fund for the acquisition of the property for costs that weren·t known at the time It wa s acquired . Also, this appropriates $10,000 .00 from All Souls for their contribution and $5 5.000 .00 fr o m th e Mayne/McCormick Foundation. The Oralabs Landscape Depo sit is $2.346.00. So that . he said. is the entire transfer and appropriation for the projects . Council Member Bradshaw asked ifwe are then done . Director Gryglewicz said yes. but in Phase 2 th ere will be more . Mayor Bums noted this is Phase I and then some additional fund s we have added to Ph ase I. Director Gryglewicz said yes . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (c)(i)-RESOLUTION NO. 65, SERIES OF 2001 . RESOLUTION NO . 65 , SERIES OF 2001 A RESOLUTION FOR THE APPROPRIATIO N AND TRAN FER OF FUN DS FOR THE CENTENNIAL BALLPARK PROJECT. Vote results: Motion carried . Ayes : Nays : Council Members l'l:abholz , Garrett. Bradshaw. Wolosyn. Yurchick . Gra zuli s. Bums None (ii) Director Fonda presented a re co mmendation from the Utiliti es Department to approve , by motion. a contract with Lowell Construc tion . In c., for the co nstru cti on of th e Dartmouth Avenue Storm Sewer Rehabilitation Project, in the amount ofSl.248.058.00. He stated the y recommend that Council approve the contract and he would be glad to answer any questions. Mayor Bums noted this is the sa me project they talked about when Director Fonda addressed Council earlier in the meeting. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) -A CONTRACT WITH LOWELL CONSTRUCTION, INC .. FOR THE CONSTRUCTION OF THE DARTMOUTH AVENUE STORM SEWER REHABIUTATION PROJECT. IN THE AMOUNT OF 51,248,058.00. Ayes : Nays : Motion carried . Couoc1l Members Na bholz, Garrett. Bradshaw, Wolosyn, Yurch,ck. Grazulis. Burns None • ... I • 0 ] • • -• Englewood City Council Augusl 6, 2001 Page 12 • •• - (iii) Director Ross presented a recommendation from the Depanment of Public Works to approve, by motion, a contract with Scon Contracting, Inc .. for Concrete Utility 2001 in the amount of$253 .629.32 . He stated that the City advenised for bids and on July 26th we opened those bids . Three bidders competed for this project and the low bidder was Scott Contracting. Inc . We have never worked with this firm. he said, but we called and checked references on Scon Contracting. Inc . and we received favorable comments and the price they gave us was very favorable indeed . so if we enjoy a good working relationship we will cenainly try to add more work to this program and take advantage of those low prices . Staff recommends. he said, that City Council approve . by motion, the contract, to the low bidder. Scott Contracting, Inc . in the amount ofS253.629.32 . Council Member Grazulis asked what would happen if it was determined that they were not acceptable either in their working relationship or their work . Director Ross advised that at any point in this project if they are either not performing or not performing to our standards we can terminate the relationship . Council Member Bradshaw asked what we were gomg to do with the nxmey we saved. Director Ro ss explained that actually what we do every year is we rate the co ncrete in the City. We are trying to do four s and threes this year. because there was so much rated four concrete. we were not gening very far mto the threes . What this will allow us to do. he said , is to actuall y stan gening to that other concrete m th e C uy that was not rated as high or is not as deteriorated . So it is a very good deal for us . Council Member Yurchick asked . when the y put the bid out. if they identified what location s the y \\3nt repaired or if they just give them kind ofa general area . Director Ross advised that we give them quant1t1 e and on the larger locations we will give them those locations . But they understand that it is sc attered throughout the City, he said. and the nice thmg about Englewood is that we are talking seven square nulcs. so it is really not that much of a diseconomy to them. Council Member Yurchick said he has noticed there has been a lot of work on the comers of the street s for handicapped access. He asked if that is a separate fund or if that comes out of this fund too . Director Ross advised that that is a separate fund . that's pan of our handicapped ramp program where we are trying to meet ADA requirements in the City. He noted that we try to do about 50 ramps a year and slowly -.ork through the City to get those up to ADA Standards . Council Member Yurchick asked what it costs us to add a handicapped ramp to our intersec tions . Director Ross said he thought this last year it was about $800.00 per ramp. so that's about $2 ,400 .00 per intersection. Council Member Grazulis commented that they are looking real nice with the different colored concrete . Director Ross noted that Denver staned this whole effon with the colored ramps . but they are just domg it wrong now. They are actually lening the contractor pour the wings , the cross pan. if there is a pan of a cross pan, in the red color, he opined. and it looks atrocious . It is really just a sad commentary. he sa id. and if you do it right it looks preny good, but they have gone the wrong way . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (t) (iii) • A CONTRACT WITH SCOTT CONTRACTING, INC .. FOR CONCRETE UTILITY 2001 IN THE AMOUNT m· $253,629.32. Motion carried. Ayes : ays : Council Members Nabholz. Garrett. Bradshaw, Wolo yn . Yurchick , Grazuhs. Bums 'one (iv) Director Ross presented a recommendation from the Depanment of Public Works to approve, by motion. a contract with Scon Contracting, Inc ., for Sidewalk Missing Link s 2001 m • ... I • 0 • • -• Englewood City Council August 6, 2001 Page 13 • • - the amount of$50.009.28 . He explained that this program is where we have identified 16 sidewal k segments in the City of Englewood that are missing from our pedestrian network. We combined the Sidewalk Missing Links Program with the Concrete Uti lit y to achieve good prices , he said. and I thmk it worked rather well . Scott Contracting came in at $26.000.00 under our engineer's estimate and, as a re sult of this favorable bid, we will be looking at doing some additional work . We are looking at the nonh side of Belleview between Logan and Broadway, or extending the si dewalk along Windermere to the nonh of Mansfield, as right now we are only going to Mansfield, or taking a look at maybe extending it along Zuni Street. The other one we are looking at is Union Avenue cast of Brent Mayne Field. to see if we ca n add some additional concrete sidewalk on the nonh side of Union . So , he said, th11se are the things we are looking at , but first we have to approve this contract. Council Member Bradshaw asked if this would address 1he concerns of the parent s who walk 1he ir children up to the bus on Zuni . Director Ross noted there are three buses that drop off and pick up kids al 1hat park and there are no sidewalks adjacent to Zuni, so yes it will address the ir concerns . Council Member Bradshaw said this will take of that and it is a safety issue too. Director Ross said yes and that sidewalk will extend all the way up to the High School. Ms . Bradshaw commented that th at will be great. COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED. TO APPROVE AGENDA ITEM t I (c) (Iv) -A CONTRACT WITH SCOTT CONTRACTING. INC .. FOR SIDEWALK MISSING LINKS 2001 IN THE AMOUNT OF SS0.009.28. Motion carried . Ayes: Nays : Council Members Nabholz. Garrett. Bradshaw. Wolosyn, Yurchick. Grazulis. Bums None (v) Director Black presented a recommendation from the Depanment of Park s and Recreation to approve , by motion, a construction contract with SponsOne Development of Denver for the Centennial Park expansion/Rockies field construction m the amount of$ I .060.058.00. We have talked about this project for months. he said. and this 1s the second to the la st element involved , with the la st element being the dedication. which we are plannmg on havmg at the end of October. Brent Mayne will be coming back for that dedication, he said, and I thmk 11 ,s also 1mponant to note for the record thal si nce Brent Mayne left the Rockies the y have reall y gone do,n1 and that "a quoted m th e Denver Post thi s weekend . Mr. Black sta led that staff is recommendmg tha1 ounc1l a \\ard. by motion . a contra ct to SponsOne who will do the deve lopment on that park and "e -.·,II ha,e the first pha se comple1ed and th e n. as previou sly noted . we wi ll ha ve the dedicauon at th e end of October. Mayor Bums said that, as Mr. Black's memo note s, Sovere ign pons has sp ill their busi ne ss into two separate entities, DesignOne and SponsOne . Director Black sta ted that ,s correc t. Mayor Bums noted thal DesignOne handles design of spons fields with the construCllo n by Spon sOne. the sa me people we ha ve been working with all along. He asked if this is a negot iated contract. Mr. Black said yes it is and all the elements that we discussed on Jul y l 61 • are included m th1 contract. Council Member Bradshaw asked if it addre se all of Shendan ·s concern s. Director Black said yes . He stated there will be full restroom facilit ies operational al the ded,cauon . Mayor Bums asked if there were any additional questions . T here -.ere none . COUNCIL MEMBER GARRETT MOVED. AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (v) -A CONSTRUCTION CONTRACT WITH SPORTSONE DEVELOPMENT OF DENVER FOR THE CENTENNIAL PARK EXPANSION/ROCKIES FIELD CONSTRUCTION IN THE AMOUNT OF Sl,060,058.00. Ayes : Council Members Na bholz , Garrett, Bradshaw, Wolosyn , • .. I • 0 ]- • • Enclewood City Council Aucust 6, 2001 Pagel4 Nays : Motion carried. • • - Yurch1 c k. raz uhs. Bums 1 one Mayor Bums thanked Director Black for all of h1 work on this. I look forward to this very much. he sa id . Director Black said he thought it was important to take a moment and acknowledge Public Works. and Rick Kahm and Dave Henderson in particular. and Dave Lee and Gary lfoltberg from our staff as well. But, Public Works has coordinated the construction and the contract. he said. and let me tell yo u I think Sovereign and SportsOne is really happy to get thi s resolved. because Public Works ha s been pretty tight with those guys on negotiating, so I think the y are ready to get thi s completed . Mayor Bums noted he signed the contract today for the Brownfields Loan. which took some time to put that together too . I know Darren Hollingsworth was very happy to have that done and I want to thank him for his work on that too. Director Black stated there are a lot of people involved in thi s project and we are excited to ge t it completed and get those fields open for the kids in the community. Mayor Burns stated that Mr. Hollingsworth advised him that the EPA will be down here sometime in the future to present a special award to the City for this project and we are lookmg forward to that. Director Black said that would be great. 12. General Discussion (a) Mayor's Choice (i) Mayor Bums noted he was at Office Depot on Saturday for the ribbon cutting. general celebration and opening. The officials of Office Depot were there, one of the players from the Avalanche Hockey Team and a lot of customers. There was a lot of excitement over there. He pointed out that this is the first retail store that has opened in the CityCenter Development, so it was a landmark for the development and we hope to see a lot of others coming along shortly. They seem to think that the y are doing very well over there, in just the short time they have been open. he sa id. and we "ekome them to th e City. (ii) Mayor Burns noted that Council had talked about the RTD s ubcommittee meeting that we attended. We had some tough questions at that meeting. he said. but I think staff answered them well. Council Member Bradshaw and I spoke, he said, and we got some help from some of the senior staff at RTD too . He advised that this is something we are going to take to the entire board and we really hope to move thi s along quickly . Council Member Bradshaw advised that the purpose of the meeting was to explain the need for a light rail stop at Bates Avenue to help our development on General Iron Works . Mayor Bums stated that if we don't have a stop. then we don't have a development . (iii) Mayor Bums advised that he , and perhaps other members of the Council, will be going down to the Legislature on Wednesday to speak about reapportionment. He noted that Englewood . again, is being carved up a little bit in this process in the proposed division of House and Senate district s . We would like to keep Englewood in the same district , as much as possible, and not have it represented by various members of the House or the Senate at the same time. He opined that it just takes away from the representation. • - I • 0 • • -• Englewood City Council August 6, 2001 Page 15 ·,. • • - (iv) Mayor Bums said he had a letter that was sent to Dave Lee from South Suburban Parks and Recreation, Mary Colton. CPRA Awards Chair. advising that the nomination for the Englewood Alum Re siduals Rec ycli ng Project which was submitted. was se le cted as a winner of th e CPRA Columbine Maintenance Award . I am not sure what C PRA stands for. he said. He asked Jerrell Black to explain exactly what that is . Director Black advised that CPRA stands for the Co lorado Parks and Recreation Assoc1a11o n. Mayor Bums offered his congratulations on this award . Director Black thanked Mayor Bums and slated that thi s was a partnership between th e U11h11e s D1\'1 S1on and the Golf Co urse . This is the second Columbine Award that we ha "e re ceived. he said. and I 1h111k 11 says a lot about the staff within the depanment. Mayor Burns agreed that II does and that II al so says a lot about Director Black 's leadership . (v) Mayor Bums noted that Council had received. 111 their materi a l. a memo about LoJack. a devi ce that is being used 10 detect stole n cars a nd there was an anicle. m the Denver Post thi s morning, about LoJacks. He opined that this is a very good procedure to have and Engle " ood 1s adop1111g it along with other municipalities to try to rctneve stolen cars and hopefull y to cut down on so me of the theft . City Manager Sears asked Patrol Operations D1v1sion C hief Moore to talk about th at briefly . He also asked that Di v ision Chief Moore fill Council in on the traffi c si tuati on and what happened ea rli er thi s afternoon . Division Chief Moore explained that LoJack is a pri,·ate company and the way th ey make th eir mo ne y 1s by selling the transmitter units to automobile owners . Those transmitter unns are m tailed m the automobile s. he said, and where we become involved is when we have the trackmg umts arc mstall ed m patrol ca rs and that will take place this week. On Wednesday we are sc heduled to have re ce1 , mg unit s installed m two patrol cars at the Servicenrer and we will also recei ve trammg at that 11me . Five of o ur officers and one dispatcher will receive training . Once the y re ce ive trammg the y become trainer themse lves and the y " 111 train the rest of the individuals who will have a need to drive those ca rs. It is pretty nea t. he sa id . and the y will receive a demonstration. along with the trammg. He asked 1f Cou nc il had any quesuon about 11. Council Member Yurchick asked if that wa s strictl y stolen vehicles or ,fwc will all o fa sudden ge t involved with repossessed cars , where the finance company 1s saymg 1h1s is o ur car. Dl\·1s1on Chief Moore explained that it is designed to recover sto len vehicles only. but that isn 't to say that someone cou ld repon a vehicle as stolen and it turns out to be a repossess ion. That wi ll happen with or without the LoJack . Di vis ion Chief Moore asked City Manager Sears 1fhe wanted him 10 go 11110 that o th er issue . Mr. Scars said yes , that he would like to have him speak about it briefl y as the y ha ve talked 10 a coupl e of Co un ci l Members about that and it could be a critical situation . Division Chief Moore explained that at 3 :15 this afternoon an individual walked into the police/fire building and said he believed he had a bomb in his car. Basically, hi s story was that he had found the possible bomb in his girlfriend's car and transferred it from her car to his and then decided to drive it do\\11 to the police/fire building. Chief Moore noted that he parked his car in the driveway of Jefferso n sta tion. which was probably not a good idea. Based on what he told us , and ba sed on the totality of the circumstances. we decided to call the Arapahoe County bomb squad . When the y arrived the y examined the parcel, if you will, that had since been removed by the man. from his car, and put on the front lawn of Jefferson Station . The bomb squad took a look at the device and decided that it was probably an explosive device . They used all of their normal precautions and loaded it into the bomb truck . What so me of yo u may have seen, he said, was our escort of the bomb truck down to the Servicenter where they went to the outer reaches there to find a relatively safe place to explode the item. I don 't know the result of that , he said, as 1 stand here at this time . If it did explode it was not a serious explosion . The only other comment I I • 0 • • ·-• Englewood City Council August 6, 2001 Page 16 "· .. • • -' would make about this is that this panicular incident docs tie in with an ongoing investigation that has taken place at a panicular address with some panicular individuals. Because it is an ongoing investigation. he said , I cannot impan any other additional details. (b) Council Member's Choice (i) Council Member Nabholz: I. She gave City Manager Sears a sheet of paper regarding the duplexes at 3068 and 3070 South Delaware Street. 2 . She stated, regarding the house at 415 West Danmouth. that it is a mess aga in . 3 . She said that Kevin Laprise had contacted her in May as he was wondering why he was not in the Concrete Utility Program. I spoke with Ken Ross , she said, and my understanding is that he was on the h st to be done in June . Mr. Laprise called me Sunday, she said. and told me II has not been d o ne . Mr. Laprise told me that when he called the City he was told that there was no money m the Concrete U11ht y Fund left for this year and he would have to wait until next year. Ms . Nabholz advi sed Directo r Ros s that she would get Mr. Laprise·s phone number to him. ( ii) Council Member Garren : I . He advised that he had received a call regard mg some four -" ay stop 1s s u,·s around Clayton School. which he communicated to Gary Sears. I guess there will be some thmg 111 the traffi c s tud y dealing with four-way stops surrounding schools. he said. I told thi s person the} "o uld have a hnle more detail m the next couple weeks. when we get a preliminary repon . 2 . He said I was coming off of Hampden to tum left over the Broadwa bridge and I noticed the traflic signal box there had graffiti on it , which. I assume. is C it y propeny . 1ty Manager ear sa id staff will follow up on that . Council Member Garren stated the lights look great. (iii) Council Member Bradshaw : I . She said she received a lener from Rob Schwanz. If you remember. she sa id. earlier thi s s ummer Cheryl St. Clair and I met with Rob Schwanz·s brother. who runs Bi sben Compames. which 1s affordable housing and he wants to be on one of our September Study Session Agenda ·s to present 10 Council. She asked if Council has any interest in that . Mayor Burns asked if that was Rob Schwanz or his brother. Ms . Bradshaw sa id it 1s the brother. I will get back to him and I did reserve the time, she said, as we fill up fast. She a ked if Council was interested in a presentation from this company on affordable housing. Council Member Yurchick asked what he wants to tell Co uncil. Mayor Bums thought Council had previously received some material from him. Council Member Bradshaw noted she has some material, but she wanted to know if Co uncil wanted to have a Study Session on this. If so, she said, then I think he needs to send material to the City Manager 's Office ahead of time. I guess my concern is that there are a lot of companies doing this out there . Mayor Bums stated that he would like to screen it through the staff. • I • 0 • • • Englewood Cily Council August 6, 2001 Page 17 • • - Council Member Bradshaw commented that was what she was thinking . Let 's have staff look at it. she said. City Manager Sears said Margaret McDermon. the head of our Chamber. has talked to me twice . She talked to me and to Mayor Bums last Saturday, he said. and she and her hu sband have an affordable housing business , but I don 't think this is the same company . Counci l Member Bradshaw said no . it 1s 1101. Council Member Bradshaw opined that we need to re spond . Ci ty Manager Sears stated we can at lea st do some staffing with this. Ms . Bradshaw said that would be great or we cou.ld ask Ms . McDermott to mak e a presentation as well and have the two different groups come in and ha\'e a ni ght of affordable housmg. City Manager Sears said that Ms. McDermott wanted to se t up a meeting with him . Bob Si mp son a nd th e staff. So if it is okay with staff, he said. we will contact them and do a preliminary sc reenin g. Council Member Bradshaw asked that he do that and remo\'e it from the Stud y Session Agenda until \\C agree . Council Member Wolosyn said she would tell them that this 1s not really a policy issue . that 11 is an implementation of a policy that would be a re source that staff shou ld consider. She stated that we should just spell it out. Council Member Bradshaw noted that it is the sty le of thi s ge ntleman to bypass protocol. 2. She asked, regarding National Night Out. tfCou nci l was uppo cd to ge t a schedule from Nanc y Peterson. Mayor Bums said he thought they were upstairs. Counci l Member Bradshaw sai d she th ought it was just his schedule. Mayor Bums said he thought he saw the others up there also . Several Council Members indicated that they had not received their schedules . Mayor Burns sai d he thought everyone should have received their schedule . Division Chief Moore said he has not see n the schedules . Council Member Bradshaw noted it is tomorrow night , so there 1s some co ncern . City Manager Sears asked to ha ve Ms . Peterson contact each of the City Coun c il members tomorrow with their schedules. perhaps she could e-mail them. Division C hief Moore said he would . Mayor Burns noted that we ha ve something like 300 parties now . Council Member Wolosyn requested, if the sc hedules are e-mailed, that the sc hedule s be put in the body of the e-mail , because she can 't open an attachment from the City . Council Member Bradshaw agreed and asked that they not attach anything to her e -mail s. It do"nloads them and then hides them, she said. City Manager Sears assured Council that the y would recei ,·e their sc hedule s first thing in the morning . 3 . She advised that she is concerned about the erosion at Belleview Park from the recent storms . particularly in the area north of the train bridge . It looks hke the banks are really eroding, she sa id . and I don 't know what we will have to do there . The only reason I know about that. she said , is that that is where her dog Charlie likes to play in the river. So we go do"n there and I let him Jump in the river. It is reall y gening bad, she said , and it is hazardous . • .... I • 0 • • • Englewood City Council August 6, 2001 Page 18 • ,, • - Ms. Bradshaw commented that they have done a wonderful job of cleaning up all the parks after those storms. I have been very impressed. she said . they do a good job. Director Black advised that that has reall y been difficult for staff. because. in addition to Belleview Pa rk there have been a number of other areas. because of the rain . that the y have had to deal with . He opined that they have done a good job. Council Member Brads haw noted that after that la st bad storm we had. she was drivmg b y Rotol o Park and there were ome dad's re scuing trashcans out of Rotolo Park. It wa s reall y neat watching th em work togethe r. she said , and they were cleaning all the debris out and se tting it up on top . She stated that we ha"e some really neat neighbors around Rotolo Park that are doing a good job for the Ci ty . (iv) Council Member Grazulis : I . She pointed out that there is a fee for going out of bu s in ess. I received a call from Rose mary LaPorta, she said, and Gary Sears did take care of it and he said all the y basicall y ha\'C to do 1s ca ll m and 11 will be taken off. Ms. LaPorta felt it was a slap in the face that she had to even go thi s far wllh it. So. I would like to re-look at whatever ordinance that is . she said . and have it taken off the books . Becau se I don't think it is a justifiable fee to c harge our businesses for go mg o ut of business. unless \\C come up "uh that same problem of why we put ll there in the first place .. , which was the busi ne ss that used to go out uf business every month and c hange their name . Council Member Bradshaw stated that is what the y did m th e eighties. Council Member Graz uli s said we can go back and do that again if that problem exists. but to do that lO o m other businesses right now. is not needed. Council Member Bradshaw sa id that ma ybe we need to say if they have been in bu si ne ss for the pa st so many years. then maybe the y don 't need to do that. Or ma ybe something like that. s he said . Council Member Grazuhs noted that so me busi ne sses try it for just a couple of months and to ha ve an additional fee on top of that is like a slap or an insult . Council Member Bradshaw said this was when we had all sorts of amusing busi nesses on Broadway at o ne time . Ms. Grazulis stated we still have a few. Ms . Bradshaw said what she meant was beyo nd that. but they are now located elsewhere. City Manager Sears advi sed that they could bring this up at a Study Session in the next month or so. 2 . She advised that she was contacted by Eagle Waste and al so another busine ss owner. I hate to always be the one to complain about ROHAC Motors, she said . but they block the alley several time s a day at 3900 South Broadway with their vehicles . So the tra sh tru cks that have to go through there end up having to go down the alley to pick up the trash and then the y have to back up to get out of the alle y. The guy from Eag le Waste said he has talked to them personally. but the y kind of s neer at him. Ms . Grazuh s pointed out that the alley is not ROHAC's alley. City Manager Sears noted it is a violation of our code for them to do that. He advised staff will do a follow-up . 3 . She asked what time National Night Out would actually start tomorrow. She was advised that it would start around 6 :00 p.m. 4 . She advised she had two calls today . One from a resident on the 4400 block of South Lincoln on the east side and also from a re s ident of the 4900 block of South Lincoln. They want to know the policy • • I .. I • 0 ]- • • • •• - Englewood City Council August 6. 2001 Page 19 regarding businesses parking their vehicles in front of re sidential homes when they don "t have enough room. These are hai l damage and car repa ir businesses. she said , and when they don't ha ve enough room at their business the y park the cars in front of the re sidentia l homes . Now. she noted. they do lea ve at 6:00 p .m., but that means that all day long, wi th in the shade of their homes. the re sidents can "t park th ei r cars. They also conduct business by the parked car, such as writing up contra cts as to what will be done to th e vehicle . Ms . Grazulis sa id she thinks that means they are ca rryi ng o n bu inesses o n residential stree ts. I don 't know what kind of law that is. she said, but 1 do know that th e residents are kind of co ncerned about that. City Manager Sears noted this covers a variety of iss ues suc h as zoning and permit parking . Co un cil _ Member Grazulis said we don 't want to go there . One resident spoke to them today and she wi ll find out tomorrow if they will continue to park in front of her house. Ci ty Manager Sears said the best way is for her to conta c t th at business and ask th em not to do that. Council Member Grazulis said she did ask them so we will see what the result is tomorr ow . Council Member Grazulis advised that the gent le man in th e 4900 block of So uth Lincoln sa id that some times the vehicles are left fo r two or thre e days, but the y always mo ve th em wit hin 72 hours . They seem to know about that restriction , she said . Several ve hicles will stay in fr ont of their house. ri ght up 72 hours, and then the y are moved . 5. She advised that for several weeks there has been a couch in the alley in the 4000 block of Sou th Broadway on the west side, between Acoma and Broadway. 6 . She said she also went to the Office Depot opening and it was reall y very nice and the flyover wa s great. 1 will ha ve to add to my yearly list of gifts rece ive d , she said, because we did recei ve so me nice things . 7. She commented that she wa s wondering about some of the Cit y sidewa lk s. es pe cia ll y along Broadway, as there is still an awful lot of sand from winter . 1 was wondering about the clean-up proc edure for that, she said, as it looks pretty trashy . Ci ty Manager Sears advised he would get ba c k to her on that. 8. She said she did survive her trek up in Wyoming and she is a better person for it . Coun c il Member Bradshaw asked her to tell Council what she did as some of them don 't know. Council Member Grazulis said she walked for 35 miles along the Oregon Trail completel y dressed in pioneer garb . You pushed yo ur handcan with 17 pounds of supplies . you made yo ur mea ls m Dutch ovens. slept out under the stars at night and got to experience everything m Wyoming like the wmd , sun and rain . We had to kill a chicken one night for our stew and dress it. The purpose was to teach us to apprec iate what the pioneers did for us when they came wes t, she said, and the fro stbite and loss of famil y members that the y suffered is just inc redible . We were taught th e hi sto ry along th e wa y and n was quite a trip . It was fi ve days long. l survived and 1 feel like 1 would lo ve to do n agam . I also did It fo ur yea rs ago . Tin s is one of the hardest thing 1 hav e ever done , she said , but it is really wonh it. (v) Council Member Yurchick advised that there is an alle y that run s east and west between Tejon and Raritan , nonh of Caspian , and when it rains , as it is the only alle y that run s that direction. it turns into a river and washes four to five inches of mud down into Raritan . 1 am wondering if the C ity could possibly look at paving or concreting it , he said, not necessa rily as a landowner expense, because it is not an issue with them. but it is an is sue with the meet at the base of that alley . It literally turns into a four-wheel drive trail after a rainstorm. he said. City Manager Sears advised that staff will follow up on that. " • ... I • 0 ] • • -• Englewood City Council August 6. 2001 Page 20 ..• .. • .. •• ~ - ( vi) Council Member Wolosyn said the audience made her think of the sound wall policy. She asked if Council will see that again. I know we had talked about trying to do something for that group, she said, and the budget is coming up. Council Member Bradshaw noted that the people along the nonh side of Belleview al so want some1hmg done. Director Ross advised that, basically. he just wrapped up the comments that he had been given from both the Planning Commission and City Council. I can let yo u see what the policy e ma ils. he aid. but it re a ll y hasn't changed much other than a few additions here and there . Basically. Kent V illage ha s provided a formal written request for their sound wall to be included m next year's budget . I went ahead and put a line item in the MYCP as a request for them for that. that Council will be getting to look at when the y approve the budget. So, he noted, we will get our test case coming up , potentially, next year. Council Member Wolosyn thanked Director Ross . City Manager Sears said he would like to add to that , that the request is for the City to fund it at I 00%. He asked Director Ross if that was right . Mr. Ross said that is correct, that they would like to see the Ci ty fund the entire wall and then pay the City back on a ten-year program. That is their reque st. he said. 13 . Cily Manager's Report (a) City Manager Sears noted that staff had proposed to have the budget session on the 6'h of October. However, be said. Mayor Burns has been invited to a ULI Conference and Bob Simpson is a lso planning to attend that conference. The session goes until Friday night and Mayor Bums had mentioned possibly changing the session to the 29 .. , which creates some problems for some staff members. Both Sue Eaton and Tamara Wolfe would have a problem in terms of changing that , but all the other staff members would be able to do that . He asked Mayor Bums if the 29,. was his preferred time to hold the session. Mayor Burns said yes and noted that there might be something on the 6,. itself. Th,s is kind of an honor for the City, be said, because I have been invited to come to the ULI Conference and the y are going to pa y the tuition. the hotel and $1.000.00 of expenses. I have two letters from former Mayor of Indianapolis William Hudnut, as a Semor Resident Fdlow. he said, and he came through here in the spring and we showed hnn through the CityCenter project and also General Iron Works . He took a lot of pi ctures and I think we are going to appear in one of bis books. But. he noted. it is quite a generous offer they made to the City and I would like to accept it. Council Member Bradshaw said she has no problem with the 29 ... Council Member Grazulis asked if that is the 29,. of September. Mayor Burns said yes . Council agreed to September 29•h . City Manager Sears said okay, staff will change it to September 29"' . (b) C ity Manager Sears ad vised that he and Mayor Burns received a number of telepho ne calls from Peter Neukirk after he made a presentation to the Council about the Southeast Business Pannership. I did tell him, be said, that I would ask the Council if you had a desire, a feeling or a comment about whether or not you want to panicipate with the Southeast Business Pannership and secondl y if yo u want to fund it at any level in terms of that partnership. Council Member Bradshaw stated that she just does not think that, at this time, we need to be a party to the Southeast Business Partnership. I really didn 't understand what their function was, she said. Council Member Grazulis she didn 't either, so she has a problem with this . • I • 0 ] • • -• Englewood City Council August 6. 2001 Page 21 ' . .. • .. • -.. Council Member Bradshaw commented that she doesn ·1 know what their function is , as opposed to other organizations we belong to . Mayor Bums explained that it is a public/private partnership. which has evolved over the years and the y have done a lot of work promoting the bond issues in the southeast corridor, the TREX projec t. One of their objectives is to provide for some kind of growth control , growt h management. traffi c management or whatever, without any State legislation . So, he said. the y have a political agenda . He noted that the Legislature will be holding a special session on growth control and the Metro Mayor's Ca uc us. which we have been active in , is meeting, virtually as we speak, with the Home Builder 's Association, and others. to try to formulate some legislation that everybody can live with and also to avoid an initiative that might be on the ballot that would be something you wouldn 't want to have . So, he opined , we are kind of at cross- purposes a linle bit with what SEBP is doing in the growth control area. I believe , he said . that they don ·1 believe you can control growth, that you just have to manage traffic. As Mr. Neukirk sa id at our breakfast, and I am sure this is true, that if you are the CEO ofa company. and you don't want to grow. then yo u wi ll not have a job very long . That is kind of the way the business conununity look s at it . But , he said. I think wy want to pull the west corridor into their membership, because the y don ·1 ha ve members from Littleton and Englewood, so they can use our membership as a means of promoting that agenda . They would especially like us on their Executive Comminee because that put s us in a political pos iti on, almost. m regard to their agenda . So, he said. there is some discomfon that we are not reall y on the same track and that we are being asked to join so that our endorsement can be used for the best purposes of SEB P. I know these folks pretty well , he said, I have been to a lot of the ir meetings . fir st of a ll to momtor "hat they were doing in the so utheast corridor versus the southwest corridor. because "hen I staned thi s process John Caldera was still trying to kill the southwest corridor project throu gh RTD . and also to make sure no one on the southeast corridor project was trying to get ahead of the southwest corridor project. We have also talked to them several times about the proce ss of ge tting a successful southwe st corndor project, so we have made friends over there . However. he noted . there 1s some di scomfort m being mvolved . even at th e lower level , which is just a membership rather than being on a deci sion making board , but there is sti ll some question . He asked if any other members of Co uncil would want to comment on thi s. Council Member Wolosyn stated that she feels uncomfortable with thi s . I think th e citizens in this state want some son of gro ... 1h legislation and it will happen one way or another. I don't feel comfonable gi,·ing money to an organization that feels the way they do , she said . Mayor Burns noted that we arc also on the board of DRCOG . and DR COG and the Metro Mayor's Cauc us have been working together for the Mile High Compact. We have supponed the DR COG 2020 Plan and they have also been working at the Legislature to try to assist in formulating some legislation . So, he pointed out, we are very involved in doing what SEBP doesn 't want to plan to do. But. he said, I think we can be supponive of them. as one thing we pledged to do , when the so uthwest corridor was built , was to suppon other corridors and their effons to get their transponat1on needs met. Mayor Bums opined that we have fulfilled that promise to them in considerable measure, so it is not that we owe something to SEBP , but I think we can be on friendly terms with them and encourage them to do what they want to do. but it seems that the consensus of Council is that having a membersh ip in th e organization, at thi s point , is not something we feel entirely comfortable with . Mayor Bums asked if anyone else would like to conunent . There were none . Mayor Burns said if that is true, that we do feel uncomfonable with this , then the appropriate letter should be written to them. thanking them for approaching Council, but letting them know that we have chosen not to join at this time . City Manager Sears said he would draft that for the Mayor · s signature . * •••• I • 0 ] • • • Englewood City Council August 6, 2001 Page 22 , .. ,. ·~ • • • .. Council Member Wolosyn said we have had a number of wonderful entenainments on the plaza throughout the summer. We had Saturday afternoons with Parks and Recreation. Saturday mornings with Parks and Recreation ·s children-oriented programs, which she anended, plus MOA ·s concen and something with the Colorado Wind Ensemble . Last week there was a Cowboy Campfire. she added . She said she missed Peter Cahhorpe because she was trying 10 pretend she was not a public person . Mayor Bums said he came lo the concen late because he played golf ID the City league . but City Manager Sears told him that Peter Cahhorpe had been there . City Manager Sears said Mr . Cahhorpe was ID a real hurry and he had tried 10 gel him 10 come over 10 talk . He had high praise for where the project is and the s1ick-10-i 1ivene ss of the City Council and staff 10 make this thing develop. Mr. Calthorpe did criticize the parkway , he allowed , because he would like to have seen the green space going down the parkway, but he said everything else was right where it should be. He said we are about six months away from having thi s whole project interface, with the new apartments up , and the commercial areas . Until that happens and people can see how this comes together. we probably won ·1 get the publicity that he thinks we deserve . Mr. Sears added that Mr . Cahhorpe was just reall y ecstatic about what was going on. Ms. Wolosyn said she was glad that he walked through on a night when there was so much vitality . She said it has been a real pleasure to watch the piazza emerge as a public place for gatherings throughout the summer. They all have been successful in one way or another. Mayor Bums thanked Amy Doe, who has done a wonderful job of coordinating and helping to put those things together on behalf of the City. She has very enthusiastically supponed these projects. he said . Council Member Wolosyn said the Museum of Outdoor Ans ' entertainment was firs! class. She said ii made her proud for the City . Mayor Bums agreed that it was excellent . * * * * * Mayor Bums said we have talked about the Rail-Volution Conference in San Francisco that will be held the middle of next month . Director Simpson is looking into whether. if I were to anend. that I might be able 10 moderate a panel and actually pamcipate in the conference . He is supposed 10 get back to me some time this week to see if this could be done, Mayor Bums advised, and the registration deadline is coming up . • • • • • Council Member Bradshaw said she was trying 10 see where it said Englewood residents in the MOA brochure, and there is not anything in there . and everyone appears 10 register at the same fee . Council Member Wolosyn fell there was a di scount. Council Member Grazulis asked if ii was in the brochure . Director Black said it is not in the brochure. Since they started the program, they have nol pul ii in that brochure, because it goes lo a number of non-residents . They promote it through the schools and through flyers, but they do offer those programs that are strictl y for Englewood kids . They have separate programs set up that are free for Englewood kids , and the rea son they don·1 put ii in the brochure is they are promoting their fees for those programs, where the ones for Englewood are free . Counci l Member Wolosyn asked if there was an overall Eng lewood discount. . I • 0 - • • En&lewood City Counc:11 Au1u1t 6, 2001 Pace 23 ... • • -... •, Director Black said there. is an Englewood discount as well, but they also have the free programs. Council Member Bradshaw said it just wasn't mentioned in the brochure. and not that it needs to be. but she wanted to know if it was still going on . Director Black said ye s it is . 14 . City Attorney's Report (a) City Attorney Brotzman commented on the two items that were set for publ ic hearing on September 4th . He said he thought he had heard that there would be several proposals to do substanti ve amendments. Council traditionally does not have second reading the same night of a public hearing, but if changes will be proposed, he asked if they would like to have second reading and make those motions that evening. If they make the amendments, it would become first reading . Council Member Wolosyn clarified that we did pass it on first reading thi s e vening. Mr. Brotzman agreed. Council Member Garren said if we make substantive amendments , we ha ve to stan a gain . Counc il Member Bradshaw said that was okay. Mayor Bums said then we should make the amendments the next time . Mr. Brotzman s ug gested putting those two items on the agenda next time so it would look like second reading, and they could make th ei r motions that evening. Mayor Bums said he felt that wa s a good recommendation . He asked if anyone else di sagreed . No one disagreed . 15 . Adjournment RNS MOVED TO ADJOURN . The meeting adjourned at 9:20 p .m . ·ti~· ... I • 0 I • • • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, AUGUST 6, 2001 7:30 P.M. Englewood Ci vic Center 1000 Englewood Parkwa y Englewood, CO 80110 1. Call to order. '7 : 51 ~ 2. In voca tion.{)~ 3 . Pledge of Allegiance . ~ 4 . Roll Call . '7 ~ 5. Minutes. ,. 0 fiPM ~-/ a. Minutes from the meeting of Regular City Council Meeting of Jul y 16, 2001. ~ -~ #1!/lPtllJ : ql.//-l-£). LIS.) 6. SchedGied Visitors. (Please limit your presentati o n to ten minutes.) a. Tim Sullivan , Presid of the Englewood Employees Associ ati o n, w ill address City Council regarding the EEA contract. J.JtJT PR~.v r Yflr!fl/tJ-~ou; ;ra~ 11 t1.~~.,. !lit ii (/JJs?)c;J r!d«NJ/1:4 ... Tl) s.r f'11$tJ(!_~1J9 9/~1 uff'1?-0 7. Unscheduled Visitors . (Please limit your presentation to five minutes.) a) Cliff Young (Skerritt house) d) John Grazulis (leash law) b) Don Doherty (August 4" incident) e) Judy Wallace (leash law) c) K1rshn Grazulis (leash lawJ f) David Anderson (new laws/amendments ) Communications. Proclamations , and Appointments . g) Steve Hoeller (traffic issues ) 8 . a . A proclamation declaring the week of August 19 thro ugh 25. 200 1 as H ea lth Ce nter Week ~ 9. Public Hearin g (None scheduled) ff 10. a,,t1. '7-() ~ sent Agenda .~ .L. . .. I . "4K [;() f/.l)f)/16Vl !Oa,,~ifj1 1/ 10 /r; :J~,d )( MA Iv e/ a. pproval of Or inance/cli First-Readin g. ) ~·-VYffN / -• i. COUNCIL BILL NO. 32 · Reco mmendation from the Department of Public Works to adopt a bill for an ordinance amending Title I 1-1 of the Englewood Municipal Code pertaining to Truck Traffic Co ntrol Devices . STAFF SOURCE: Ken Ross, Director of Public Works. Please note: H you hawe • 6-bi!i :-f Md need allllilary aids or leMC:ft, please notify the City of Englewood (303-762·240!1) at ie..t 41 houn in adnnce of when leMCft are needed. Thank you • • ' • I I • 0 • • - • :,, ... .. .. -~ • -' Englewood Ci ty Co un crl Age nd a August 6, 200 1 Page 2 b. trU-1-34 n#-g,s 07j}g~ (Jld.JJ-s1 rnd-#Jr ~!>7 Mdffi!o MJJ4-I ht)../J-t/-;L (JV))t/-3 C. ii. COUNCIL BILL NO. 50 -Re co mmendati o n fro m th e Department of Pu b li c Work s to adopt a bill for an ordinance approv in g an ag reeme nt wi th th e Co lorado Department of Transportation to partici pate in the 1-25 So uth eas t Corrid or Transportation Management System. STAFF SOURCE: Ken Ross, Director of Public Works . iii . CO UNCIL BILL NO. 5 1 -Re co mmendati on from th e Littleton/Eng lewood Wastewater Treatment Plant Supervisory Com mittee to adopt a bill fo r an o rdinan ce approving an Intergovernm ental Agree ment wi th Colo rad o State U ni ve rsi ty for th e cooperative research project on land applica ti on of sewage bi oso lids o n drvland wheat. STAFF SOURCE: Stewart H. Fonda. Director of Utilities. Approval of Ordinances on Se co nd Read in g. i. Council Bill No. 33 , approvin g an In tergovernmen tal Agree ment wi th A rap ahoe County for Coordinated Ele cti o n Se rvice s. ii. Council Bill No. 38. submitting to the regis tered electors of th e City of Englewo o d a question to issue debt fo r Park s and Re creati o n Pr ojects. iii. Council Bill No. 39. sub mitting to the re is tered elec to rs of th e City of Englewood a proposed amendment to Ar tr cle X, Part Ill , Secti o n 1 04 of th e Charter of th e Ci ty of Englewood rega rdin g General Obliga tio n Bonds . iv. Council Bill No. 40, approving a Charter Q ues ti o n for the November 6, 200 1 Election regarding Initiative procedu re. v. Council Bill No. 41 , approving a Ch arter Ques ti on fo r the November 6 , 2001 Election regardin g Referendum procedure. vi. Council Bill No. 42, approvin g a Charter Q uesti o n for the November 6 . 200 1 Election regarding Recall procedure. vii. Council Bill No. 43 , submittin g to the regis tered electors of th e City of Englewood a proposed amendment to Article V, Section 41 of the Charter of the City of Englewood regarding Emergen cy O rdinan ces. vi ii. Council Bill No. 44 , submitting to the regis tered ele c to rs of the City of Englewood a propose d amendment to Article X, Part IV, Section 11 3 of the Charter of the City of Englewood regarding Competitive Bidding. ix. Council Bill No. 45, submitting to th e registered elec to rs of th e City of Englewood a proposed amendment to Article X. Part IV, Section 11 6 of th e Charte r of th e City of Englew ood re ga rdin g Capital Improve m ent s. x. Council Bill No. 46 , approving an Intergove rnmental Subgran tee Agre ement wi th Arap ahoe County for th e 2001 Co mmunitv Development Block G rant program. Reso lutio ns and Motions. Recommendation from th e Department of Safe ty Services to approve, by motion, the purchase of one Res c ue Vehicle for the Fire Divisi o n. Staff re co mmends awarding the bid to the low bidder, McCoy Miller, in the amount of $85 ,250. STAFF SOURCE: Chris Olson, Director of Safety Services and David Maxwell, Tech. Support Officer. Please note: If you have a clubility and need auxiliary aids or services, please notify the City of Englewood (303-762·2405) at le•t 41 houn in advance of when services are needed. Thank you. • --: ' . I • 0 I ] • • • ,, • - 0 Eng lewood Ci ty Coun ci l Agenda Augus t 6, 200 1 P~ge 3 - 11. Regular Agenda. a. Approval of O rdin ances on Firs t Readi ng. i. iii. ~?-o COUNCIL BILL NO. 36 -Recommendation fr o m the Department of Saiety Se rvices to adopt a bill for an o rdinan ce app roving an amendmen t to Titl e ;-, Chapte r l A of the En glewood Municipal Code pe rtainin g to A nimal Co nt rol issues . ~TAFF SOURCE : Bob Moore, Patrol Operations Division Chief.~ COUNCIL BILL NO. 37. Re commendation fr o m the Department of Safe ty Se rv ices to adopt a bill fo r an o rdin ance approving an ame ndment t o th e Eng lewood unici pal Code pe rtairnn g to th e n umber of pets per h o u seho ld all owed i n the~it · Englewood . STAFF SOURCE : Bob Moore, Patrol Operations Division Chief CO UNCIL BILL , 0 . 4 8 . Recommendation from th e Utilities D epartm e nt to ad t J bill fo r an o rd inance approving Reve nu e Bo nd s fo r the Dartm ou th Avenue17~t~r~. i ... ___ Sewer Proje ct. STAFF SOURCE : Stewart H. Fonda, Director of Utilities.e,~ CO NCIL BIL L 10 . 4 7 -Recommendatio n from th e U til i t ies Department to ad opt a bill for an o rdinance approvi n g a ra te i nc rea se fo r the Da rtm o uth Ave nue ~£rm , /. Sewer Pr oject. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. /g lM..J.. ~ CO NCIL BILL NO. 52. Recommendati o n from the Lib ra ry Department to ad opt a bill for an o rdinance ap rov ing a contract w ith the Colorado Hist o rical Society for st ab1lizat1on oi the Th s Skerritt H o u se. STAFF SOURCE: Hank Long, Director of Library Services. · \.i . CO U 'CIL BILL 0. 53 . Re commendati o n from the Department of Public Wo rk s to ~ &---/ adopt a bill for an o rdin ance approving vac ation of th e right-of-way in th e 2400 (/l~Sr;i»): YUfY/;;21!.~ th Bloc k of Pecos Street. STAFF SOURCE : Ken Ross, Director of Public Won.s~~ • b . Approva of Ordinances o n Second RP adi n g. c. Reso utions and Motions. iii. iv. Re commendation from th e Department of Finance and Ad ministrati ve Services to adopt a reso luti on to tran sfer and appro priate fu nds fo r the Ce ntenn ia l Ballpark Project and addi ti o nal funds for th e Cen tennial prope rty . STAFF ~2UR,CE: frank Gryglewicz, Director of Finance and Administrative Services. (3~~ Recommendatio n from th e U tililles Department to app rove, b y motion, a contract fo r the co nst ru cti on of the D artmouth Avenue St orm Sewer Rehabilitation Project. Staff recomme nds awarding th e bid to th e lowes t bidder. Lowell Cons tru cti o n , In c., in th e am~~ ofJ$ l ,2~4~,05!:_ STAFF SOURCE: Stewart H. Fonda, Director of Utilities./7)~ Recomme ndatio n from th e D epartment of Publi c Wo rks to app rove. by moti o n, a contract fo r Concrete U tility 200 1. Staff recommends awa rdin g th e co ntra ct to th e low bidder, Scott Contracting, In c. in th~mo~n t t $2~29.32. STAFF SOURCE: Ken Ross, Director of Public Won.s. ~~ Recommendation from the D epartment of Public Works to approve , by m otion, a c ontract fo r Sidewalk Missing Links 200 1. Sta ff recommends awardin g the contract to Scott Contracting, Inc. il)Jlie am o unyi_f $50,_(~~9 .28 . STAFF SOURCE: Ken Ross, Director of Public Won.s-15/u.J..,; ~ Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 houn in advance of when semces are needed. Thank you . • ,. • I • 0 - • • • .. .. • -.. Englewood City Co un ci l Age nd a ->.u gust 6, 200 1 Page 4 • V. Recommendation from the Department of Parks and Recreation to approve, by motion , a construction contract for Centennial Park expansion/Rockies field construction . Staff recommends awarding the contract to SportsOne Development of Denver in the amount of $1 ,060 ,058 (Guaranteed Maximum Price ). STAFF SOURCE: Jerftll Black. Director of Parks and Rec"!P,t~~n. a~d, Rick Kahm, Engineering Manager/Capital Projects Manager. ~ 1 2. General Disc ussion . a. Mayor's Choice. b . Council M embers' Choice. 13. City Manager's Report. 14 . City Attorney's Report. Adjournment. CJ '.)._{)~ The following minu.tes were transmitted to City Council between Jul y 13 and Augu st 2. 2001 : Englewood Non.Emergency Pension Board meetings of February 13 and March 20, 2001 Englewood Police Pension Board meeting of April 12 , 2001 Englewood Planning and Zoning Commission meeting of June 5, 2001 Englewood Cultural Arts Commission meeting of June 6, 2001 Englewood Board of Adjustment and Appeals meeting of June 27, 2001 Plwe note: If you haw a disability and .-cl.....,_. or---. plwe notify the City of Englewood (303-762·2405) at least 41 .._. .. .._of whea serwices are needed. Thank you • 0 I • 0 - • • • • I '• • -' E'.\GLEWOOD CITY COt:'.\C IL E'.\GLEWOOD. AR..\P..\HOE COL''.\'TY. COLOR..\DO Regular ession Jul y 16. 1001 Sa \1a yor Burns thanked neryone for \\:Iiti ng . a ouncil ,,em over con siderably on their Study Se ssion . \Ve \\Otild espenally like 10 thank the pe ople who have signed up to speak. he said. for th ei r patience . I. Call 10 Orllcr The regular meeting of th e Eng lewood City Co m1C1! \\JS called to ord er by \layor Bum s al 8:08 p.m. 2. ln,·ocalion The invocatio n wa s giwn by Council :vtember J\iabhol z. 3 . Pledge of Allegiance The Pled ge of Alle gt an ce was led by Ma yor Burn s. -1 . Rull Call Pre sent : Ab sent : A quorum was present . Also present : 5. .\linutes Council Memb ers :-;abholz. Garret!. 13rads ha\\. \\' los yn. Yurch11:k. Bums Co un cil Member Grazul1s Ci ty :vtana ge r Sears Ci ty Anorne y Bro tz man City Ckrk Elli s .-\ss1s tant Cay \tanager Flahert y Cri me Pre, em1on Offi er Peterso n Dire ctor Gryglewtcz , F mance and Admmtstratl\·e er\'lce s Director Ea ton . Human Re so urces Direc tor Olson. Safety Services (a) COUNCIL :\IDIBER WOLOSY'.'< '.\-IOVED . ..\'.\'D IT WAS SECO'\'DED. TO ..\PPRO\'E THE .\11;\'l'TES OF THE REGt:L..\ll CITY COC '.\C IL .\IEETl:\G OF .JU. Y 1. ~001 . :vt otion earned . Ayes : :-;a ys : Absent: 6 . Schelluletl \'isiiors rhere were no scheduled v1sttors . Cnsc hctlulcll \'isitors Counci l Member s :S:abholz, Garren , Bradsha". \\' olo syn. Yurcluck, Bum s ;'lone Co uncil !\!ember Grazulis .\layo r Burns agarn than~ed th e un sc hedukd \'l sttor s for 1he 1r pallence . • ) I • 0 • • • Englewood City Co uncil July 1(1. 2001 P:ige 2 • • - (a) Da,·id Pe ter on. 2'l 80 outh Galapago treet. aid he just recel\·ed the Englewood Cmze n and read that yo ur holiday parade I cheduled 10 march do" n Darrmouth .\, enue from G rant to Inca anJ the n into C n yCe nter. H e sta ted that. acrnrdmg to past performance." hen they s tage the parade and eYerything. the y typ ically c lo-e off th e 1reet they are marchmg down. all mom111g . I wa nt 10 po111 1 o ut. he said. that th a t basically doses Jl! access 10 nonh Engle"ood. all mommg . There 1s no way 10 get into nonh Engle\\oOd. if you doe otTDanmo uth all m o rning 111 re I no wa, to ge t in a n d o ut witho ut go in g all the \\'ay to E,·an s. I a m really opposed to ha, mg that d o •d all mom111g. he sa id. a s I ha,·e a bus111ess 111 that north secti o n ofEn g le\\ood . I \\JS \\OndennJ 1fthcre 1> some other \\av that the) can at least ma y be j ust close it for a mi n imum amoum of 11111e \layor B urn s a sked about hi s bus iness. ~I r. Peterson a,h 1scd tlm he n111s a pistol range. the hool!st Pistol Ra n ge at 29 80 South Galapago treel. Bas1 ·ally . he e~p!Jmed. Saturday m orn in g is l11 s busies t lnne . o unctl :Vlember Nabholz asked ,flus cu 1011w rnuld acc e ss l11s bus111 ess from Camell \I r. Pcter,on asked how yo u are go111g to get 111 there . Ye ·. he satd. you can access It from Cornell. 1fyou CJn g et 10 omell . A ll of my 111struc11on o n ewr,1l11ng. ba ·,c all,. he said. tell people how to get to my bus ,ne, from San ta Fe a nd Damnou th a nd )O U are clos111g off that acce ss. \Ir. Peter on s tated that the b u>1nc ss down the street "111 have the same 1h111g to say about 11. when he linds ou t about It. because he hi.es to d o ·amrda y bus mess as" ell \t a~or 13um, JSl.ed \\hen the Parade .·\ssuc1a11 o n \\otild meet agam. He adY1 sed \I r. Peter,on th.It th e Parade A,su !lllon organiz e s all 0(1 h1s and they haw been meet111g o n a regular bas, \\'e c an c ·r:a111 I~ put )OU III touch w1t h the Pa1ade A ssocllt1011. he sa id. becau e the C 11 y Cou ncil reall y doesn ·, hJ,e J \\hole lot to Jo \\llh the des ignated parade ro ute . The l'JraJc Assoc!l uon reall y takes arc 0(1hat. A ss 1st ant 1ty ~t anager Flaherty ad\'ised tha t the Pa ra de A ssoci ati o n meet the fi rst Thur da ~ o r the month at 11 . 0 a .m .. normally 111 the Ci ty ounc ,I Con fere nce Roo m o n the third lloor . ~la ~or 13ums ad\'1sed ~Ir. Pe terson 1!1Jt he could cen a111l y talk 10 them and get more 111fon11011011 fr o m th em. th) Don Leach. 4 '\CJ5 South ,a lapa go . treet. thanked o unc 1I for the opporru 1111 ~ h l ,pcJk. He nmeJ l11s fa1111I)-has be n 111 Eng lewood fo r about 50 years. I sa w an a111clc 111 W c Sl\\OtJ. he ·aid. and I had pbnned on coming earlier. I do n ·, know \\hether 1h1s ub.1eet has com e up before . but It really concerned me and ll seems to me that the c m zens of Englewood a re entnkd to some k111J of a c omme nt 0r re sp o nse u n It . TlllS 1s from December :C • 2000 . Quote ... 111 Augus t. Englewood ll) ou nc1 l111a n P ter Mike Yurc h 1ck was arrested b y ArYa da police a s part of an 111\'es u gauon ,mo tulen auto pans and charged with thett fo r re cel\ mg tolen auto parts at l11 s auto sah·age yard . Yurch1ck. 4 . h ad taken office 111 :S:ovember 1999 :· It see ms 10 me . \Ir Leach said. that the rn1zens of Engkwood are e mn led to ,omc l-111d ofa co mment or respon se o n \I r. Yurch1ck ·s ability 10 serve in h gh1 of1h1 snuat1 on . Council \!ember Yurc h,c k Jd, 1 ed that there "ere 110 charges tiled. tlm that Jrt tde 1s mc o rrcll \I r. Leach asked 1fhe \\US arrested. \Ir. Y urch,ck explarned tha t he was arrested. but no c harges "ere sub equentl) tiled. So. \I r. Leach said , there is no case and ll 1s a ll over. :V 1r. Leach a ked \Ir. Yurc:uck 1f he had any o ther comment he \\Onld like to ma ke . Council :Vlember Yurch1c k asked :--t r. Leach "hat he wanted him 10 say. what he wanted 10 hear. Well. \fr. Leach sJ1d. whe n a pers o n reads an amcle like 1h1 s about a C 1t y Counc ilman you c an understand wh y I might a sk a quesnon . Counci l \!ember Yurchick explamed that ,.,hen yo u are ma used bus iness. ,·el11 cles are sold and the se vehicl es \\ere bought o n a bi ll o t sale. patd for wnh che cks. properly logged III and proper!~ rernrded. \I\ records \\ere 111 order. h e ,atd . Al the 11me the p o li ce d1d11 ·1 kn ow \\ho was 11w0 lwd \\Ith \\hat. It Jll )ih111 5. t \\JS more 0fJ ,i~u111 m 1l11s than an~1hmJ el se . • 0 I • 0 • • • Englewood Ci ly Council July 16. 2001 Page 3 • • -.. Ylr . Leach asked 1f \I r. Yurch1ck \\JS una"are thal 1hey "ere sto len ve hicl es or stole n pans. Co ui1C1l \!ember Yurch 1ck said that \\JS orrect. \I r. Lea h said he \\JS pleased ro hear thal , bu t he though! \I r. Yurchi,k .:auk! understand ,d1 y he nu g ht rai se 1he que s11 o n. Coun ii \!ember Yu1cl11 k 1a1ed tl lJI he di d full ~ rno pcrat e \\llh them 111 their inve st1ga11on and the \\'cst\\ord m,le wa m,·orre ct I re ad he ame an, k . he said . and thou,,ht about ask 111g for a rerrac11 o n. but I j ust fi gured 11 \\JS be11e1 10 let 1t he Be ,aus . Counc il \lember Bra dsha w Said. the y wo u ld scre w that up. Mr. Leach said he accepted o uncil \km ber Yur ch1 ck · res pon se He no ted 1ha1 th1s3us t shows that omc people are int eres led 111 wha t goes on eHn 1f "e ca11 ·1 be he re all the 11me . 8. Communicalions. Prorlam:uions and .-\ppoi n1111 cn1 s (a) A proclama11 o n declanng August-. 200 1 a, \Jllonal :S:1 ght Out \\JS co nsidered . COU~CIL '.\-IDIBER BRADSHAW \10\.ED . A:'\D IT WA SEC O~DED. TO APl'RO\.E A PROCLA)IATION DECLARJ~G At:Gt:ST 7. 2001 AS :'\ATIO~AL ~IGHT Ol:T. Ayes : Nays : Absent : Moti on carried . Cou ncil \!embers :S:a bholz. Garren . 13radsha\\. \\.o lo !.)11 . Yur ch1 ck. Bums ~011\! Co uncil Ylember Gra zuh s Ma yo r Bums pre sen ted th e proclamati on to Crim e Prevention Officer Peterson . A s yo u kno\\, he said. 1h 1; 1s the in co mpara ble Nanc y Peterso n. He not ed that she 1s a wonderfu l po li ce officer 111 charge of :>:ei ghbo rh ood Watch and Block CJ pl ams and all km ds of othe r tl11ng s m 1h1 s ny. Thi s 1s a proclamat 10 11 declaring Au gust 7•h as :-Sa t1 onal ;,,;ighl Out. he said. and Officer Pete rso n and her ere, are the one s 1lu1 arrange all the plac es fo r Council to go and she ha s be en mv h·ed "11h 1h1 s fo r several year . 011tccr Peler son ha s been nat iona ll y re cog ni zed fo r her \\'Ork ,n this area and \\Care e~tremel y pro ud o f her \\'c are 3ust delighted 10 haw 'vi s. Pet erso n" 11h us aga111 tomght. he said . Officer Pe ter so n thank ed \la yor 13um . he noted she had o fficial :S:e1ghb o rhood Wa tch T-sl11n s for all of the Counci l members :\layor Bum thanked :\I s. Pe te rso n aga111 fo r her wo rk and he asked for a b ig ro und o f applause . 9 . Public Hearing :S:o public hcanng was sc hed uled before Co un ci l. 10. Co nse nl Agenda \IA YOR Bl'R'l:S RDIOVED ITDIS 10 (a) (ii) and (iii) FROi\l THE CO:'>SE :'\T .-\GE:'>DA. COl.::'\CIL \l['.\IBER GARRETT \'IOVED. A~D IT WAS SECO'l:DED. TO APPRO\'E CO'l:SE~T AGE~DA JT['.\IS 10 (a) (i). (iv).(\'). 1,·i). (,·ii ). (\'iii). (ix ) and (x). 10 b (i) and (ii). AND 10 (c) (I) and (ii). (al Approval o f Ordinances o n First Readmg (1) COC}:CIL BILL :-S O . 33.1:S:TR DCCED BY COL~ IL y\E\1B ER GARRETT A BILL FOR AN ORDINANCE APPROV I 1G AN IN TERGO YER:sl \1 E:-S TA L AGREEYIENT BETWE EN THE ARAPAHOE COl..i~T Y BOARD OF OMM ISS IO NE RS BY A:S:D THRO UG H THE • I • 0 • • • • ·~ • - Englewood C il) Coun c il Jul y 16. 2001 Page -4 ARAPAHOE OL';\'T\' L ERK A;\D RE CO RDER A :'-J D THE ITY OF E\'GLE\\"OOD TO CONDL'CT A COORD l>iATED ELECTIO:sl O\' \'OV E\IB ER o. ~00 1. GARRETT (iv) COLi>iC I L BI LL \'O. -1 0. I TRODL"CED BY OL;\' I \I E\!B ER A BILL FOR AN ORD l:\"ANCE SUB \IITT!1'G TO A VOTE OF THE REGISTERFD ELECTO RS OF THE CITY OF E'.\'GLE \\"OOD AT T H E \'EXT SCHEDL.LED \IL,""IC IP . .\L ELECTIO\' A PROP OSE D A \IEND :'vlD.'T TO ARTICLE VI. SECTION -16, OF THE ENG L E\\"OO D HO\I E RL'L E C HARTl:R. GARRETT (v) COU:--C II_ BI LL NO. -II. INTRODUCED BY COl~CI L \!EMBER A B I LL FO R AN ORDfNANCE St;BJ\.IITT ING TO A \"OTE O F THE REG ISTERED ELECTOR OF THE CITY OF ENGLEWOOD AT T H E NE X T SCHEDULED :'vl UN IC IP . .\L ELECT IO\' A PR O POSED AI\I E1'DMENT TO A RTICLE Y I. SECTION -I . OF THE EJ\:GLE\VOOD HO\I E RL L E C HART ·R. GARRETT (\'1) COl.i . "C !L B ILL \'O. -12 , I \ TROD UCED BY COL°'\CIL ME\.IBER A Bill FOR AN ORDINA\'CE L"B\IITT~G TO A VOTE OF THE REG ISTERED EL ECTORS OF THE CITY OF El'-GLEWOOD AT THE :-;EXT CHEDL'L ED M U1'1CIPAL ELE CT IO:s; A PR OPOSED A.\IE'JDME NT TO ART ICL E IV. SECTIO \' 3-1 , OF T I-I E E\'GLEWOOD HOi\·I E RL'LE CHARTER . GARRETT (vii) CO \'C I L BILL \'O . -1 3, I 'TRODCCED BY COL"-CI L ME"vlBER A BI L L FO R AN ORD l :-JAN CE SUB \11TTl\'G TO A VOTE OF THE RE G ISTERED ELECTORS OF T HE CITY OF E:-JGLEWOOD AT THE \'EXT CHEDL"LED \IIL.:S:IC I P.<\ L ELE TIO\' A PROP OSED A.!\1EN DME1'T TO A RTI CLE V. SECT ION -II. OF T HE E\'GLEWOOD HOME RL"LE HARTER . GARRETT (v 111 ) Ot,~ IL BI LL \'O . -1-1 . l\'TRO D C ED BY OLC'CIL \I E\IB ER A BILL FO R A:-1 ORDl"\'A\'CE L'B\IITTING TO A VOTE OF TH E REG i-l"ERED ELE TORS OF T H E CITY OF El'\GLEWOOD AT THE \'EXT 1-I ED C LED \,l l';\'I C IPAL ELECT IO :-.: A PR OPO ED A:'v!ENDME'.\ r TO AR T IC L E :X . PART IV. E TI O'J 11 ', OF THE E\'GLE\\'OOD II \I E R "LE CHARTER . GARRETT (i x) COL :S:C I L BILL \'O . -1 ·.1'.\'TRODC CED BY cot..·\' IL \1 E\IB ER A BIL L FOR A N RD l:S:A:'\ E t..·B. IITT \'G TO A \'OTE OF THE REGISTER.ED EL CT OR OF TH E CITY OF E:-.:GLEWOOD AT THE :'\EXT CHED C L ED \1 1.JC'I CI P . .\L ELECTI O N A PR OPO ED A/\IE \'D\I E\'T TO ARTI LEX. PART I V. SECT IO\' 11 6. OF T HE E:-JGLEWOOD HO\I E RL'L E CHARTER. GARRETT (x) OL" IL BILL :-.:o . -1 6. I\fTRO DL'C ED BY COL"CI L \1E\IB ER A BI L L FO R A:-l 0 RDf\A\CE APPRO\'fl'\G A:-JD AlTHOR!ZING THE EXECCTIO\' OF :-,; INTERGO\'ER:-JME:s/TAL SlBGR..\\'TEE AGREE\1E . T BET \\'EE\' THE ARAPAH OE BOA RD 0 1' cou:-;r y COl\1/\IISS IO\'ERS .\ND THE C !TY OF E. LEWOOD. (b) App roval of O rdi na nces on Second Readi ng .. I . 0 • • • E nglewo od C it y Council July 16. 2001 Pa ge 5 • • - (i) ORD l~A:--CE \0 . 31. SERJE OF 2001 (COL:-C IL BILL \0. 3-1 , IN TR O DCCE D BY COL:-C IL \ID 113 ER GARRETT) A\ ORD l~A\CE APPR OV l).:G SL.PPLE \IE\T \0. I :o TO Tl IE OCT HGATE SA:-.'ITAT IO:-.: DISTRICT CO \l\ECTOR"S AGREE \I E\T FOR THE I~ LC ·10\ OF LAN D \\"ITH!"> T HE DISTRI CT BOL'>DARIE (ti) O RDl ~A'.\CE \0 . 33. RIE OF 2001 ( OL'>C IL 131LL '.\O 1 - JNTR ODL. ED BY COC :-.' IL \IDIBER \\"OLO "\S J AN ORDl '.'J ANCE .-\l 'T HOR IZl:S:G A'.\ J:S:TERG \"ER..,:-.t E:S AL A RED IE'.'JT BET\\"EE :\ TII E C ITY OF E'.\'G LE\l"OOD A:--D TH E STATE OF O J OR.\D F R T IIETR..-\N FER OFTII REE STATE HI GH\V A \' PAT ROL VEH ICLE TO BL'R r .\L.TO:-.t T l\"E . (c) Re olu11o ns and \l o11011s (i) RE OLCTI 0'.'1 :-.:o. 61. ERIE OF 2001 A RE SO LL'T ION ALTHO RIZ!">G THE CO LL ECT l \'E BARGA l).:l>G AG REE :-.IE:-.:T BET\\" r -..: T HE ENG LEWOO D E\IPL OYEES AS OC IAT IO:S: A\D TH E CITY OF ENGLE\\"O OD FOR THF PERI O D O F JA:-.:L'ARY I. 2002 THROL'G ll DECE \IB ER 3 1. 2003. (iiJ CON TRA CT WIT H LY:-.: H '.\-IATE RJAL S HA\DLI :-.: CO\IP.·\:'\\' OF BROO MFIE LD FO R TH E R.EPL ACE :VIE:-ST OF RE C REAT ION CE :-.:TER LOC KER I\ T II E A:vtO L-:ST O F S72.626 .67. Vote res ult s : Ayes: ~a ys: Abse nt : \10 11 0 11 camed . Cou ncil \!embers Nabholz. Ga rr ett. Br ads ha ". \\"olo,yn. Yurch tck. Burn s None ounc1J \kmber GrJ,ult * * * * * \ Jayor Bu rn s tated th at h though t 11 "a important for the public 10 hear a fr" om ment s on IO I a I I ii 1 and (111) IO (a) (i t) Direc tor Grygle " icz presented a rernmmend atio n fro m th e Dep art ment of F111a nce and Admint stra tn e Serv ices 10 adop t a bt ll fo r an ordman e ub nun ing 10 the rq;1s1ered elec tors of the C11y of ·nglc\\ood a qucs11on 10 issue debt fo r Parks and RecreJ11on l'roJects . He adnsed tha t th, AgendJ Hem submits J ,ote to raise th General Obliga11on Deb t 01 :he n y 10 S 12. milltun for l'JrJ..s and Recrea11un proJ e ts . A tl ~er \\elll out wn h th e Ci 11ze n. he sa id. e~plam111g thlt tl us ,,ould update the Ca:: Recrea11on enter. the \1a lley emo r Re cre a11 on Ce nt er and co n;1ruc1 an aquat ics pa rk. He explain ed that tlus 1s reqmred 10 go 10 a ,·ote. not only by our Cha rte r, but by th e tale Co ns1 11u11o n under TA BO R as \\ell. Th, 1s 10 issue 12 . nu llt on m bond s. he said. and the total re pa yment cos t I e 11 ma1ed at S25 .: 1mll1on . The maximu m property tax in crease wo uld be S 1.3 m1J1 1on . Those are prcuy .:o nse n ·am·e number . he said. and II will prob ably be Je ss than th at. but \\e wouldn't want to ··Jo \\ hair' 11 and then ha, e to go into the 11y tund . \\'e esumat cd 11 111 gb on th e repa) men t po111o n. he ,aid. Jnd thi, 1s required to go 10 rnte and 111s fo r Parks and Recrean on Pro1ec1s. \la)nr Burn s ,aid th I J S he unders tands 11. these pro1e ·1 have heen m the plann1n~ <tJ~e for <l'me11me He asked 1f tllJI "a, :orrec !. Direct e r Gryg!ew,cz adnsed 1hu1 the land has he~n )'llrcha<ed for 1he ,1tJUJ11c, center J nd 1he bunds for the Re crea11 on Ce111 er we re issued some years agu and 1he) will be 1e111ed nc,1 ) ear. If thi s 1s app ro, ed by the vo te rs tlu s :-S ove mbe r. he sa 1J. 11 "111 be abo ut J 70 or O c,·m 111 crcase from • I • 0 - • -• Engle"ood Ci 1y oundl July 16. 2001 P!:lgc 6 • • - current 1ax le, el · on a 200.000 00 house per month. so it is not a huge bump up for some pretty ubstan11:1I proJerts tha1" uld reall) benefit a lot of the ·,uzens. Counc,l '.\lembe r Bradshaw said. as Dire tor Grygle\\tCZ mentioned. that in the Citi zen there "a a real!) good ani le. but people are sttll ·onfu 111g tl11s with the C ultural Arts Ce nt er election and he felt Coun~,I '.\,lemba Wolosin ·hould know thi . Council Member \\·o lo s::n :isked how that happened. Council '.\1ember Bradshaw said l don ·l kno\\. but we need to be wry care ful to explain th at this is Parks and Recreat ion only and the Culrural A ··ts Comnussio n needs to help us wnh 1hat. They need to help us get the word out th at their, sue "111 come at another m ne . Co uncil \!ember \Volo ·yn advised that th ey ha ve someth ing in the pipeline that \\'ill make tha t kar. Coun c il Member B,adshaw sa id okay. because I heard a convcrsa u on at the Recreauon Center and I had to dec1Je 1fl wamcd to \\ade in and add to the confusion or just li sten and ll was ,·ery confusrng . It I bemg tied directly to Cultural Ans. Council \(ember Wolo syn said that to her it 1s a ,·ery simple is ue lo clarify. to expl a111 1hat th, 1s a bond for these th.rec very definue projects. the other projec t is a bigger project and 1003 ,s the earhest \\C an do that. Coun ci l Member Bra dsh aw noted thi s is a 70 to O ce nt increase m "hat the y are PJ) 111g no\\ pe, month and the Cu ltural Ans "ould be cons iderabl y more . Council Member \\'olo. yn po111ted out that th e reaso n ll is 70 to O ccms is becau e "e are retmng a bn nJ and replacrng 1l "1th 1h1 s . !\lai o r Burns sa,d that is ri ght. that is m co mparison to "Im the ) are pa~ 111g now . But. oun ·11 \(ember 13radsha\\ sa id. that is co nfu s mg to peopk. Cuun ctl '.\,le mber \\"olosyn ad, 1;cd that she will do her best to c bnfy tha t siruauon . Okay. ounc,1 \lember Bradshaw said. and I "di hdp too . \fayor ()urns commented that this 1s the firs 1 time he ha s heard that people are confusing 1h1s \\Ith ultural Ans. Council '.\-lember Wolosyn said she has ne,·er heard ll was confu si ng . that s he has ah,ays been told to mal-e n clear tha t "e do uppon the Parks and e,eryone on the Cullural Ans Comnuss,on lillly uppon, the Parks and Recreation bond . And. she said. I behe,·e ,w did do that eve ry ume we met last s ummer. \\° e are go 111g to rry to make that more public bu1 I reall y didn 't want to be domg ll bdore tlung s "ere pa sed through Council. Cou nci l Member 13rad luw a,d she appreciates that. Council '.\!ember Wolosyn advised that 1hey have. every mne the~ have met. pubh~iy ,1at eJ th:11. \b. Bradshaw said okay. '.\la yor Bums asked 1fthere were any o ther comment s. There were none . cot:~Cll '.\IDIBER GARRETT '.\IOVED . A~D IT WAS SEC O~DED. TO APPRO\'E ..\GE~DA ITDI 10 (al (ii). COL. 'CIL B l I -.:o .,, 1-:-:TROD lX ED BY lOL::S.:CIL \.!E'.\1BER GARRETI . .\ lllLL FOR A:S.: ORDNA1'CE S 'lnl!TI!:S.:G TO .\ VOTE O F THE REGISTERED ELE 10R' F T HE C ITY OF ENGLEWOOD AT THE '-F.XT SC H EDULED :vtL:NI C IPAL ELECT!01' .\ B ALLOT IS SUE AUT H RI Z ING THE ISSUANCE OF GENERAL 0BL1GAT10l\ BO:-.:DS .\ND T IIE L[\'Y OF • ) I • 0 ] • • • Englewood City Council July 16. 2001 Page 7 ... • • - PROPERTY TAXES TO PAY SCCH BOJ\DS: SETTf:'JG THE TITLE A:SD CO:-!TE:--:T OF THE BALLOT FOR T HE ELECTIO:--: A:--:D PRO\'!Df:\:G OTHER MA TIERS REL>. Tr:--:G THERETO. \'ore results: Aye : Nays : Absent : Mo1ion carried. Council \,Jembers "abholz. Garrett. Brad ha". \\'0Josp1. Yurc hick. Bums None Council \!ember Grazuhs 10 (3) (1i1 ) Direc 1or Gryglewicz presemed a recommendauon from 1he DepJnmem of Finance and Admm1strau,·e Sen·ices 10 adop1 a bill for an ord1nan e ubnumng 10 1he 1eg1,1ered el e ~1ors of 1he Ci1 y of Englewood J proposed amendmem 10 Arucle X . Pan Il l.. e,·11 0 11 10.l of1he !tan r o r'1he n y of Engle\\ood regardrng General Obligation Bonds . He explamcd 1ha11h1 s 1s ue did 11 0 1 JUSt c o me up 1h 1s year. tha t "e ha, e been look mg at ii for a number of years . \Ve took a lo o k JI the 11 ~ ·, deb1 c apac11~. he said. which 1s relauvel y low. It 1s based on 3~o o fa ss cssrd ,·alut' and. as yo u kno,,. e s pc:c1Jl1~ 111 a residential c ommunny. \\here the assessment ratio 1s based on res 1den11al p,ope~. 111, con 1derabl) lo"er than conunerc1al. 29°0 compared to 9 .15 %. So we ha,·e a large amount of re s1 d e 1111JI anJ 11 1s a es ed very low. \\'hat happens ,s. consequently, yo u have a ,·ery lo" bondrng c apacn~. R 1gh1 no ". 1(1he Park s and Recreation proJeCI pas l'S. with 30% assessed. there w ill really be no General Obhga u on capa 11 ) 1111he City after that or very lirtk. It is very seldom tha1 we do is sue G .O . Bonds . 1he la st o ne"' the Recreauon Center and it will be reured next year. He noted they are issued for ge neral pubh p roJecis. so "e Jon ·I Jll>l issue them all the lime. but we looked at 3% and then we looked a1 what 3% of actual \\Ou ld be and tha t raises it abo u1 s ix umes. So, if this were 10 pass. then the Ci 1y ·s debt c apa i1y would be JU I o wr S60 million. One tlung I 11ould hke 10 clarify. he said. is tha1j u st because this pa sses ll doesn"t mean the C 11y can iss ue debt : 11e are restricted by bo1h the Ci ty C harter and the Srn1e Cons 1i1u11 o n 10 ha,·e a vo 1c of1he people. in the affinmu,·e . pnor 10 issuing any debt. So. he poi111ed o u1 . wh1k it provides th e c apac ity. ll doesn·1 g ive approva l and I want to make sure everyone knows that. Mayor Bums pointed ou11hat General O bl igallon 13 o nds ha ve al\\ays required a public ,·ote. So j ust because yo u are mcrea mg the c apacity it doesn 't mean that you are issuing debt. Anv ind1,·1dual mea sure !ha t would be pas ed. be ause of that III rease . 11 o uld be 1·0 1ed on by the c 111zens o f Englewood . Director Gryg (e1, 1c z sa id that 1 absolut ely corre I and ll 1s done very seldo m and ll 1s usuall y fo r pre tty widely used o r 111de ly a c epted pubh proJe ts. :\fa yo r 13ums a ked 1f1here 11 ere an y other questions o r comme111 s . There were none. COl-~Cll ,tDIBER GARRETT ,10\'ED .. -\~D IT WA S SECO;\DED. TO APPROVE .-\GE:\DA ITEM 10 (a) (ii i) . COL. IL 131LL :S.-0 . 39, 1;-.;TRODL' ED 13 Y OL';\ IL \IE:-.113 ER GARRETT A 13ILL FO R AN ORDfNA:--:CE S 'B\1!TTl-:--:G TO:\ VOTE OF THE REG ISTERED ELEC TORS OF THE CITY OF E:--JGLEWOOD AT THE :-.:EXT SCH EDL:LE D ML~ICIPAL ELECTI0" A PROPOSED .-\:\IE~D:\IE"T TO ARTICLE X. PART III. SECTIO:--10.l. OF THE E:--GLEWOOD HOME Rt..:LE C HARTER . Vote result s: Monon e arned. Ayes : ~a ys: .\b sent: I I. Regular Agenda Coun cil \lembers :--:abh o lz. Garren. Bradshaw. W o los yn . Yurch1 ck. Bums ~one Cour.c:J \1ember Grnuhs • ) I • 0 • • -• Engle,,ood City Co uncil July 16. 2001 Page 8 I•,, (a) Approval of Ordinances on Firs t Read ing • • -' TI1ere were no addi11onal Hems submined for approval on tirst readmg . ee Agenda Item 10 -Consent Agenda.) (b) App rO\·al of Ordinances on Se cond Readin g There "ere no additional items sub min ed for appro,·al on econd reJding. ee Agenda ltem 10 -on cnt A gend a.) (c) Resoluti ons and \>lotion s (i) D irector Eaton prese nt ed a recommembu on fr o m the Hu man Re-urce Depanment to a ppr-we. by motion. the appointmen t or a Hearing O!ficer for the [ngle,Hiod Pol,.:c Bencfn :\ socia11o n ,mpas,e. She sai d she wanted 10 start by po111t1n g out that the,e hJ s been one han i,,e 111 the reco mmended ar bmators . O ne of the indi vid ua ls that \\C li sted 1m11allv, Dan Da h . ha, "nhJ,a\\n h i, ,merest in ac ting as an arbitrator. so we have subsmuted Lawrenc e Hoiden. \h Ea to n stat ed thJ t the Human Resources staff would like to reconunend that \I r. Holden be the arbnrator that "e ,elect lor th is proce s . \t ayor Bums said I see yo ur arbi trators are spread around the countr~. He as ked ,f the e are real ,pe n al! 1 m this are a. Direc tor Ea ton said yes . the Arbmat io n As soc1a 11 on pro,·1d ed the name, 10 our re,pern , e attome vs, the U nion ·s Jttorne y and the City"s attorney. I unde rstand that \Ir. I In Iden Joe, ha ,e Jn oili,e 111 \·ail. she sai d , so he ha s a littl e bit closer proxmut y to us than th e oth er t\\O COl~C IL MEMBER WOLOSY'i '.\10\.ED. A'iD IT WAS SECO'\DED. TO APPROH: THE APPOINT'.\IE'\T OF LA WR£NCE HOLDEN AS THE HE.-\Rl'.\'G OFFI CE R FOR TH E ENGLEWOOD POLICE BE'.\'HIT .-\SS OCI .\TION l'.\IPA SS E. :-.-ay : Absent : \1o tt on camed. 12 . Gcner:al Di sc uss ion (a) :vla yor"s C hoice Council \!embers '.\'abhol z. Garrett . Bradshaw. \\'o lo y11. Yurch1ck. Burns ~one Council \1cmbcr Grazulis (1 I :Vla yo r Burns advised we had the Transl! .-\lhance meettng here a t ivic C enter on Thursda~. There werz presenta11o ns by Ca l \brse l!J from RT D. Tom orton frnm 1'D()T and B,11 ,·,dal from DR OG . lfr noted there wa; a lo t of d, cuss1on aoout the T:an n .\lh-nee su, ... ~y. I th111k )OU re e,ved all the 111atenal from th at meeting . he ,a,d. I had 10 lea, e p nut 11 bec J ;e I ha J to go to J Pensio n Boa rd meettng, bu t n was a very posnive meeung about the future of transponatton and transit 111 the area . Wnh his group. the T ran sit Alliance , you are prea ·hmg to the cho ir when yo u talk abo ut tran 11. Bm 11 \\JS a pleasure 10 have them here. \tayo r Bums ad vised that ounc 1! \!ember \\"olo,yn 1s the delegate Jnd he asked ,f he would hke to omment on th e meeung . Counc il \.!embe r \\'olosyn aid she wou ld Just hke to sa y that the one thmg the T ran-1l ,\lli au;:e does 1-that the y eem to a)\\J)'S r y to g,ve Englewood a lo t of JOOd pre s. When I go 10 the mee tmgs. the~ ah,a vs 1alk Jbnnt us as son o t the ho\\case pro_1ect. Franklv. we are the on!) s to p I e,er beJr them 111en11on . ,he 'J1d . ~l a)or Bu11 s c 111men1ed that \\C ha,·e earned 11. (1i) \1a vor 1311111s adnsed th at he has 1115 C \IL Convention R ·port . \\htch probabl y ha s more s ruffthan you ever would wa nt 10 se e fr om C:\IL. 13ut. nevertheless. there are some ha ndout s 111 th ere that I am go ing to ha\·e copied and distributed to Coun cil. he said . • I • 0 • • Englewood Cily Council July 16. 2001 Page 9 '. ,. • • -.. (iii) \byo r Bums commented thlt he is l hnle con fused about when we are going to stan the ele,·ator. Three repons 111 a row have said they Stlned the week of the 27"' of Jul .. which 1s a Fnday. He asked for more clanficauon o n when the interior co, trucu o n of that ele,·ator will actuall y beg m . Ciry '.\<tanager Sears stated that he would make ure C ouncil recen·es an updated report on that. I ta lked to Rick Klhm. he said , and there was a difficulty wuh plans between both Tryba and the elevator peo ple that has been resolved. I know it has been re solved , he said. but I lm no t IOO ~o certain of when they will s tlrt. He slid he would provide Council with thlt informltion. (iv) i\layor Burns said he anended Officer '.'sanc y Peterson ·s Safet y Savic es rnlunteer appreciltion dinner in Jason PJrk Jul y 11th . \\'e had rain nnfortunatel y . and II ,ut J o " 11 o n th e anendance some. he said. but 1t \\'JS a very good event and both he and Gary Sears po ke . On,e agam the y honored the many, many ,·olunteers that he lp us in uur Safety Services programs . he sai d, lnd \\C arc w r) grateful to all of those folks \\'ho are lo ya l follo\\ers of Safety Sen 1,e s and :--:an c y Pete rs on . (b) Council :'\!ember's Choice (i) Counc il :'\!ember ;-;abhol z: I. She said Justin and Josh Jones at 3033 South Delaware are very \\'ell kno" 11 to the II) J nd the) are stamng to raise some thunder again. There is a minimum of fifteen to eighteen kid m the y ard at a ti me. she said. and at 4 :00 m the mommg. yesterday morning, they \\ere screammg and rlnt1ng and rl , 111g I don't know if the neighbors called or what, but the police went b y. Council \,!ember \abho lz adn se J that she has had two c omplaints from the neighbors that Jive o n each s ide. that that nee ds to b~ reig ned 111 don't even kno" 1f there are parents there at this time. s he aid . ' She advised there \\'3S a hw mariachi band that pla yed at the duplexes at 306, and :,o -o -o ut h Dela\\'are un11J 1.30 -aturday morn111g . I would hke for the Jmplct Team to chec k o n that. ~he ,ai d . ,. She said she ha s had complaints about th e weeds. tra s h and appearance of the ho use at 4 I: \\' es t Danmouth. 4 . She said. regard ing the status o f the bnc k \\all that she turned 111 lat \\eek. that s he n o 11 ced o me of the weeds are gone. but she didn 't see that ome up a a uuncd re quest. The bnc k "all \\J S ,ma s hed on Ela11 and Floyd. C it y Manager Sears ad vised that Rick Kahrn 1s \\Ork111 g o n that and he 1s J\\are o f that. M . '.'sabho lz said that is all she asks. that that ,s line . 5. She s ugges ted th ey chec J.. th e temp erature m the ommu n1t ) Room . :-.ta ybe 11 ,s JU t me tont ght. she said, but it \\'JS a b11 c h1ll y 111 thae . Cit. \fanage r sai d ub y. (ii) Council Member Garren : I . He said he noticed on our Consent Agenda that \\e are g enmg new Jockers m the Recreauon Center. Mr. Garren said he wanted to compliment Jerrell Black on the ne\\' lockers. be ause the y " Iii be com111g dun ng his \\'eek off. They will be a welcome addmon. at least m cenam area 2 . He aid when he read through the Agenda he realized ho" man y ballot que,11011 s Eng le\\uod "di h ,·e o n 1he ballot. I am really concerned. he sa id . that people \\111 be sort o f o ,·erwhelm ed "1th the numbe r of qu:suons. ~1ost of it ,s benign. its Charter nuances and thmgs hke that. he -a,d. but I a m wnmed we will Jose o ur message and how we as a C ,ry. and as representatives. can get the message out in. hopefully. a clear fashio n as to what we are really asking, so we don ·t ha ve confusion. I • 0 - • -• Englewood Cit y Co uncil .July 16, 2001 Page 10 • • -.. Co un cil :vl ember \\'olos 111 suggested they make a pamphlet hke the one that went into the C 1t1z en an d make it very simp le . Council '.\!ember Bradshaw said we could just say o n It that for a S 150.000 .00 o r SI 5.000.00 ho use tl us would be the impact and 1f it is no ne put zero . Ci ty Attorney Brotzma n ad,·ised that the probkm is that the Fair Campaign Prac ti ces . .\ct proh1b1t s mos t o f that. We can put togeth er fact s heets and the questions are acn,all y going to be put in the C1t1 zen. but that is all we put is the questi o n itself. Counci l '.\•!ember Bradsh aw asked if we ca n put 1n mformat1o n o n finan cial impact. City Att o rne y Brotz man stated we can put that in the fact sheet that t hey ca n pi ck up , b ut It can ·t be inc lu ded in the C itizen . Council Member Garren said that wa s o ne of the re asons he was concerned and he wondered 1fanyo ne e lse had the same concern . :vla yo r Bums sa id he had the same impression and he asked 1fthe crnz ens "ere gorng to be asked to vote on e,·ery one of these . He agreed it could really get conflls rng He ·a,d he wa s gild C ounc1l '.\lem ber Ga rren brought that up . C1ty Attorney Brotz man said , for example. that '.\1 r. Black nght no w. be fo re thi s g oes o n second readlll g. ha s a number of pamphlets that are goi ng out. '.\1 r. Bromrun po 111ted o u1 that anythlllg. before second re adrng o f this o rdinance, is fair game and 1t educates o ur c111ze n . It educate s the Council and that 1s the whole idea . But, once we hit seco nd reading. and that ,s wh ) eco nd reading 1s deadly 111 thi s . we ar e then bound by the legis lation . o. Coun ci l Member Bradshaw said. that 1s the first meeting m Aug u,t. C1ty Attorney B ro tz man said that 1s correc t. :Sla yor Burns noted Cit y Artorney Brotzman had me nti o ned \\e c ul d prepare fa c t sheets that could be pic ked up . He asked ,f the y could be placed a, 1he Recreation enter . the Golf Cour se. C1v 1c Center. the Library. or wherever. for d1 mbu11on . Cny Att orne y Brotzman said yes. as "e would handle an y other 111forma11o n. Council Member Wolo yn said she i j ust c uno us. that she is not try111g to state this in a wa y th at is persuasive. but she assumed the fact sheets will explam th e qu est11)ns 111 a way that the norn1al c 111 zen can understand. Because. she po in ted o ut. so me of them are reall y ,·ery s imple . n y Anomey Brotz man said yes and the idea of the fact s heet. it is intended 10 break the ques ti ons down. 13ut. Co un 11 \!ember Garren said. the fact sheet cannot go in the Ci ti zen aft e r econd re ad mg . C ny Ano rne y Brotz man said tha t 1s nght. C ouncil '.\1 ember Brads ha w started to sug gest that they hand the fa ct sheets out at :S:at1onal 'light Out and then she realized t hat they c an ·1, as it will take place after second read mg . C ity A tt o rne y Brotzman noted that Council and se nio r sta ff will be the amba s adors 111 gemng thi s rnformation o ut 10 the c11 1zens. We are reall y counting o n Council to talk to the1r consrnuen y. he said . Co uncil '.\1ember Garren stated he is conce rned that ,f they stan eemg ba llo t q ue t1 o n aft er ballo t questi o n. people '"II JUS! go no and the y won't bother to read It . oun ii '.\!ember Brads haw agreed . '.\l ayo r 13urns no ted tha t :-Satio nal :-:igh t Out ·.\'Quid be a lime to talk bo ut thi s. s C.:i unc1 l an sn!l talk ah011 1 1h 1s . discuss the iss ues. afi cr second reading . ity Art o rne y Brotz man said abs olute ly. that oun ii ,s not res tri cted from discuss,n!l the issue s . The issue ,s that we cannot s pend mo ne y to d1stnbu1c uerns . I • 0 ] • • • Englewood City Council Jul y 16. 2001 Page II (iii) Council ~ember Bradshaw: • .. • - I. She advised that she attended an earl y '.\'ight O ut mee1111g la st Saturday nig ht in the 5000 block of South Huron . I know 1ha1 we are really. seriou ly looking al helping 1he people at Kent Village w11h 1he noise miti gation off 285 , she said. but I also 1h111k ,-. need to look at that Belleview corrido r and see what we can do to do traffic calming an d no ise mmga11 0 11 . because 111s o no isy. I li,·e off of B e ll e,·ie w. bu t I li ve down a hill so I do11 ·1 hea r that. But that ISJUSI really atrocious. she said. and that \\35 a \\eekend night. so I would hate 10 tlunk "hat it wo uld be like dun ng the week. \l s. Bradshaw op med that it has 10 be awful. 2 . She said s he is rea ll y excited that Bail y's is fina ll y go111g 10 move here. but he as ked if they could take care of their propeny o n lark son because II loo ks reall y tack y . J. She sai d s h e had a questi o n for Director Olson re gard 111 g ode Enforcement. I rcall~ arp1ec1ate tilt' effons of ode Enforcement. s he sa id. but I th111 k "e are mis 111g so me maJor propente,. "luch are the school propemes. that the y do ha, e weeds and they are tra s hv . he co mmented that he J1d not know ho" we could work throug h that with them. The detention ponds . the He rbert Hosanna Athleti c Field,. are Jlbl a mass of weeds o n C larkson. sh e said. and I real ly think that enforcement needs to be equa l for all people in the Ci ty . She pointed out that she had a lso noticed that Sinclair is 1101 m 1he best of hape . I kno" tha t C la yton is under construction. but still. weeds need to be take n care of. Cherrelyn 1s probably th e be,t at this point, she not ed. Director Ol so n s aid h e could no t think of any reason \\hy we haven·t been particularly forceful w11h the school sys tem, but we can defi nitel y start. He said he thought. over at the detention pond. that th at will be a combination of working. not on ly wi th the school sys te m. but with Parks and Recreat io n a we ll. because 11 is kind of a combined project over there . I will check tomorrow and find out. he said. Council Member Bradshaw commented that she knows sc hool isn't in sess ion. but 11 is 1111 property a nd when somebody across the street gets a c itat io n and then the y look across the treet and th e weeds are twi ce as high. that is reall y not equitable. Director Olson agreed . He said he ha s nouced some problems at Flood \ltdd le School as \\ell on that north lot. Co un cil \1ember Drads haw agreed that the y need to do so metl11n g about the weeds m the concrete in that lot. Dire to r Olson advised that he \\Ould he ck to tomo rr ow to see 1f there 1s so me1!11n g that proh,b n s us from dealing more directly w11h them. 4 . She th anked Director O lson fo r the cont inued enforcement of the p eed l111ut o n Broadwa y and Belle "'""' he noted there are so me peopl e who are not happy wuh us. but it sure seems a lot s ater, espec,all~ for I.id going a ros to the parks and s ru ff. Director Olson tated the y \\Ottld co111 111ue tTymg to do II as much as they can. b ut "e can ·1 Jo 11 con !Slentl~, so "e "111 try 10 h11 11 on a rotauonal ty pe basts . Uut. ounctl \lember Bradshaw noted. that intemmtcnt is workmg ,•e ry "ell. She thanked D irector Olson . \la yo r B ums sai d. s peakmg of weeds. that he had a sked about Kent Village. where there ,s a lon g strip n ght on 2 -. and was to ld they had contacted the owner. He asked 1fthc owner ,s the homeowne rs as o.:,auon and tfthat ,s pa rt of their conm1011 element. D1rec1 or Olson sa,ci he wo u ld 111111k so. that II ts e11her S tat e highway right there o r whoe, er takes th e strt p . • " I • 0 • • -• Englewood C ity Co uncil July 16. 2001 Page 12 , .. ~ • • - \1ayor Bums commented that he is ,·e rv surprised that the y do n 't j ust ha,·e a re gular mai ntenan ce procedure out there . Director 0 1 o n sa id he \\JS no t sure. But. he noted. apparentl y we have made contact with th e 0"11er. bu t I do not lrn ow who that is . City i\la na ger Sears said we did and there "·as a repon . Director Olson said yes . there 1s a repon 111 Cot nci!'s packet. but he was Just not sure "·ho the O\\ ner is . \fa yor Bums point ed out tha t they are preny consc1e nt1 o us folks o,·t'r then· and he was a lmle surpn ed to find out that the y had to be pu shed to c ut th ose "eed . C it y Manager Sears adnsed th ey "ould do a fo li o" ·U p . (iv) Council :'>l ember Yurchic k said he wo ul d like to thank Darren Ho llin gs "onh for the repon on the Catal yst Progra m. He sai d II s hows that the fac ade program is al ive and "ell. (v) Council \!ember \V o lo yn : I. She sa id she had a clanficauon que stion on th e proposed resoluti on establishmg an Attendance Policy fo r board and commi ss ion members . The third pomt states that th e cha ir of each board or comm1ssmn s hall deternune what is an excused absence . She a ked 1f that refers to the 1ruat1 on "here so meo ne call s and SJ} ··1 can 't come tonight .. and the chair de ,de s \\hether that 1 \\Ort h y or not anJ 111 j us t a s mgle mstance . not overall. Council \lember Orads haw advi sed that that also co ncerned he r. he s uggested the y JUSt delete II . ouncd Member Wolosy n agreeJ . Coun ci l Me mber Oradshaw noted that otherwise that put s the chairman untenabl e si tuati on. \fa yor Bums commented tha t ,f somehow they ha ve to make a dee, 1011 th en they can do It 111 the ir o wn wa y unc il \lember Brads haw agreed. oun ii \kmber \\'olosy n a,d that "e do sa y that 1f you arc ab ent that it ma y be a ca us e , so that is" hen you an ha,e a u1s u ,1011 of wh y or what. I thmk. she s aid. that it still doesn 't mean it 's wnnen in ston e tl1lt ,f y u rrus that man y meenngs yo u are o ut. :Vla ybe lam wro ng . \layor Bums asked 1f 1here was any objection 10 de letmg paragraph three . There wa s none. COL':'\C IL MEMBER BRADSHAW 1\10\'ED. AND IT WAS SECONDED. TO DELETE PARAGRAPH THREE. Ayes: 1'ay : Absent : :'vl on on cam ed. Coun ci l 'v!embers '.\:abhol z. Ga rrett. Bradsha w. Wolos}11. Y urch ,ck. Bums None Council \!ember G ra zulis COL'NCIL l\1DIBER WOLOSYN I\IOVED. A.'\D IT WAS SEC ONDED. TO APPROVE RESOLVTION ~O. 63. SERIES Of ?001 AS AMENDED. The resolution was a ssigned a numbe r. R.E SO LL.:TlO~ '.\:O 63 . ERI ES F ~001 A RESOL T ION E T -\BLI SHI NG A'.\ ATIE'.\'DA:,0. E POLI Y FO R 130ARD A~D C0\1:'v!ISS IO'.\' MEMBERS . ' .. ) I • 0 ]- • • -• Englewood C ity Council July 16. 2001 Page 13 Vote re sults: Ayes : '.\'ays : Absent: :Vl o1ion carried. ! ..... • • - Council ~!embers :siabh olz, Garren . Bradsha\\. \Volosrn. Yurchi ck. Bums · :\'one Counc il '.\!ember Grazuh [Clerk's note : This was hsted as item 12 (b) (1) on the Agenda .] ' She as ked that the proposed resolut1011 amcndmg the TrJ\ cl PohC) for the 1ty ounc1l be assigned a number and read by title : RESOLUTION NO. 64. SERIES OF 200 1 A RESOLUTION AME'.\'DING T H E TRAVEL POLICY FOR THE ITY O LC' IL O F ENGLEWOOD, COLORADO . COUNCIL MDIBER WOLOSY'.\ '.\IOVED, . .\..'ID IT WA SEC ONDED. TO Al'PRO\'E RESOL UTIO!'i NO. 64 , SERJES OF 2001. Council :Vkmbe r Yurchick said he had a question . On the last !me it talks about appro\'Cd by a maJOnty. he said. and I thought that we had e linunated the ti,·e 111 c a ewe had a shon Co uncil. Co uncil \1 ember \Vo lo yn agreed . Mayor Bums s tated th ey should remove th e reference to fi"e Coun cil :Vlem bers. because that in it self is a super majority. COUNCIL M[I\IB[R Yt.:RCHICK '.\10\'ED, A:'iD IT WAS SEC O:'iDED. TO AMEND RESOL UTION NO. IH, SERJ[S OF 2001 BY STRJKl'.'IG on· -OF Fl\'E (5) COL'NCIL '.\'IDIBERSn FRO'.\! THE SECOND TO THE LAST SE'.'ITENCE. Vote res ult s: ~1ot1on earned . A ye : ~ays: Absent : Council Members :-,/abholz. Garren. Bradshaw. \\'olosyn. Yurcluck . Bums None Coun ii ~'!ember G ra zuhs COl''.'ICIL '.\IDIBER \\'OLOS\"'.\ '.\10\'ED. AND IT WAS SEC ONDED. TO APPROVE RE SOLlTI0'.'1 NO. 1>-4. ERIES OF 2001 AS A'.\l[;\DED . ~a y : Ab se nt : Motion earned. Council ~lcmbers ~abholz. Ga 1Tett. Bradshaw. \\'o lo s,11. Yurchick, Bums i\'one Council Member Grazuhs [Cieri,.'; note : Tlus "a hs ted as nem 12 (b) (ii) on the Agenda.] 3 . She sail! she would hke to state ,·ery strongly that the Cultural Am Comm1ss1o n work under the Parl.. Jnd Recreation Depanmcnt and e\'crybody o n that ommmee JUSt thmks the "or!LI of that depanment and Jerrell Black and we cenarn ly mtend to su ppo n . and \\C ha \'e been supporn ng. the Parks and Rec reat1o n flond . '\nt o nlv for tho e reason,. ,he said. but also I tlunk that anvth1n~ that e 1mches commun ity life also stand s to ennch culture. Council ~1ember WoloS )11 op ined that the Park s and Recreat1 on Depanment does reall y tr y to support culture and I don 't know whether we would ha\'e ~IOA I • 0 • • -• Englewood Cily C ouncil July 16. 2001 Page I~ • • - here "'llhout their .uppon , I just want to ma ke tha t c le ar, she said, and I ,qJI do that n 'ery chance I get throughout the summer • * * *. \1ayor Bums noted that we do ha,,e a concen, the Signs oi Lifr , at the Cn~ enter ,>.mp h11heJter, o n Jul~ 28'". sponsored m pan by the \luseu m of Outdoor Arts, The perfom1an ce '"II frarurc the L'p lo,e nJ \lus ,ca l contingent from the Colorado Symphony Orches tra, the Dand Tayl or Dan e Theater and L1ght1n g Creatio ns , It is a sound and light show and it s tans at 8 :30 p ,111 , He said II hould be a ,e~ 111tcrc,t111g program and a wonderful concert and it is free , He encouraged e,eryone to attend 13 , Ci1y '.\'lanagcr's Report (a) Ci t y '.\tanager Sears noted that. at rudy ession, Laun Da1me1111ller talked to ll) Council about the letter regarding reapponionm~nt. He asked for ou nc11', d1 rec t1 0 11 lk noted \t, Darmemiller pa ssed out a letter, COUNCIL l\lDIBER BR,\J)SHAW '.\10\'ED. A.'iD IT WA S SEC O','DED. TO DIRECT STAFF TO SEND A LETTER TO THE COLOR,\])0 RL \PPORTIO"'.\IE"T C0'1'.\111TEE STA Tl"G THAT TWO DISTRICTS IN E:\GLEWOOD IS PLE','TY . THAT WE DOYT [','T[RT Al',' THREE AT ALL. AND THAT WE WOl"LD Lll,;E THDI TO l,;EEP THAT I'.\ '.\11','I) AS THEY REDISTRICT. A yes : 1 ays: Absent: Council \!ember :S.abhol z. Ganctt. Bradsha\\, \\'olos~11 . Yurchick , Bums No ne Coun cil \!ember Grazult s Motion carried, (b) Cit y '.\1anag er Sears reminded Counctl that th ere "ould be a Tn-·111es '.\lee un g o n August 3'J. I th ink we se nt the proposed age nda out to Council, he said , an d I ta lked to Lmleton and tlm \\'tll probabl y be the agenda and it will be at the L1tt le ton Hy enter, (c) City Manager Sear advised th at he \\Ould be gone from \\'ednesda y to ne,t TuesJay \\'Ill be 1akmg by son to medic a l sc hool. he sa td. and I am pretty proud ofh,m, Dunng that time \lt kc Flaheny "111 handle an y ·oncems or compb 1nt and I know he "111 do an oumandmg JOb , I apprec 1Jte the suppon ofCounc 1l. he said , '.\1ayor Burns offered his congrarula1ions 10 Gary Sears and lus on. He noted that that ha s been a goal of h,s fo r some ume , 1-l , City Attorney 's Report ta) Cny Anome y Bro,Lman advised that the IBIS project ,s gomg to 111\'ohe a number or software licenses and software contracts, What I am asking fo r. he sa id. is the appomtment ofan out ,de counsel. Terrence '.\1aher, He ,s o ut o f Omaha and, ha t he does is exactly that. he nps apan the soth,are agreements and co ntract s and he will act. basically. as our franchi se attorney does. He '"II gl\'C us "'ha1 \\C can chan ge m contracts. \\'ha t "e can·, h\'e with ,n co ntracts and what the y wi ll not ch ang e 111 contracts . I have talked to both \1,ke Flaheny and Don In gle. he aid. and we are not anttctpaung that he \\'tll be domg the negouatmg. sta ff will be domg the negot1atmg and th is \\'ill be for mformauonal purposes , Counct! \1ember Bradshaw sa,d she tho ught that was reall y sman , Ma yor Bums agreed, COl.'.','CIL '.\IDIBER BR.\DSH..\ W '.\IOVED. AND IT WAS S ECONDED. TO APPOINT ATTORNEY TERRENCE '.\IAHER. TO PRO\'IDE LEGAL SER\'ICES WITH TECH','OLOGY CONTRACTS . ) I • 0 - • • • Englewood City Council July 16. 2001 Page 15 l·:i, ... ·.: • 4- • -' ' ~ Council Member Garren asked ,f 1hey should name the law firm or the ind ividual. City Attorney Bro tzman adnsed that he would hke \I r. Maher. Vote re sult s: Ayes : Nays : Ab ent: Mo tion carried . 15. Adjournment Counc il Members :-:abholz . Garrett. Bradshaw. \\'olos~11. Yurch1ck. Bums :S:one Co un cil \,!ember Grazuhs MAYOR BuR.'IIS MOVED TO ADJOUR.'li . The meeting adJourned at 8:55 p .m . ~cf(/£ .. ... • 1 • I • 0 PLEASE PRINT NAME • • • • .. ~. I • -.. PUBLIC COMMENT ROSTER AGENDA ITEM 7 UN8CHEDULED VISITORS DATE : August 6, 2001 .. UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES ADDRESS TOPIC k J1.-~->"I -vJ!.. S.trr. g. '( /~/'l)F/1~ 'a-G'0co\fl s+. Le.c...s\-\ Lo.\...0 '-t'-+~1 £;; L ,'-cc:.I-$+-. L ---.s "' L,LV • .. I . 0 • • • • • - WHEREAS . ili"' i,, sigrufia::.::, :,:.::.'. ::h, Ci<y of Englewood who{' currently medically underserved for a number of reasons, the most prominent of which include financial barriers and an insufficient number of health care providers: and WHEREAS, the Metro Community Provider Network, Inc. is a private , nonprofit corporation that provides high quality comprehensive primary health care to medica lly underserved people in the City of Englewood ; and WHEREAS , Metro Community Provider Network, Inc . has m ade great strides in the City of Englewood health care system specifically by maintaining a high s tandard of accountability, demonstrating cost effectiveness, empowering our co mmunity to d evelop programs to its s pecific needs, enhancing opportunities for children and familie and provi ding health ca re se n ·ices in accessible low-cost environments; a nd WHEREAS, Metro Community Provi der Network , Inc. h as also made a s igmfica nt difference in the City of Englewood health care system by improvin g access to quality health care provide d by trained professionals in areas that h ad pre vi ou s ly bee n unse 1Te d or underserved , promoting individual respo nsibility and health a ware n ess in the co mmumty and offe ring primary preventive hea lth care of the lughest quality to reduce preventable deaths. costly disabilities and communicable diseases : and WHEREAS , Community Health Centers like Metro Co mmunity Prov ider Network . Inc. promote 100% access to h e lp achieve primary health care for e ve ryo ne a nd e nd he alth ca re di s parities; and WHEREAS , the City of Engle woo d does hereby recog nize the imp ortant co ntribution of the Metro Co mmunity Provider Network , Inc. to the improve me nt of the general quality of life of citize n s of the City of Englewood ; NOW THEREFORE . I. Thomas J . Burns. Mayor of the City of Englewood , Colorado. he reby proc laim August 19 through August 25, 2001 as : HEAL TH CENTER WEEK in the City of Englewood , Colorado. I urge our citize n s to recognize the important contribution s of the Metro Community Provide r Network . Inc. t o the improve me nt of the ge n e r a l quality of hfe of the cmzens of Englewood . GIVEN unde r my hand a nd seal this 6th day of Augu s t . 2001. • I • 0 • • • ORDINANCE NO. SERIES OF 2001 • •• - BY AUTHORITY BILL FOR ;oi1 COUNCIL BILL NO. 32 INTRODUCED BY COUNCIL MEMBER _____ _ AN ORDINANCE AMENDING TITLE 11 , CHAPTER l. SECTION l. S U BSE CTIO N B , PARAGRAPH 10 .5, OF THE ENGLEWOOD MUN ICIPAL CODE 2000. RELATING TO TR UC K TRAFFIC CONTROL DEVICES . WHEREAS, the Ci ty has previo u s ly adopted the Model Traffi c Code fo r Colorado Municipalities, 1995 Edition ; and WHEREAS , Ordinance 9 , Series of 1999, a mended the !\lode! Traffic Code regarding official truck control devices ; and WHEREAS , this Ordinance will clarify that am e ndme n t ; NOW, THEREFORE . BE IT ORDAINED BY THE CITY CO 'NCIL OF THE CITY OF ENGLEWOOD , COLORADO . AS FOLLOW S : Sectjon 1. The City Council of the City of Englewoo d . Color ado he r eby ame nd s Title 11 , Chapter 1, Section l , Paragraph B. ~umbe r 10.5 , of the Englewood :\1um c1 p a l Code 2000, to read as follows : 11-1-1 : ADOPTION OF CODE : 11-1-l(B) (10 .5) Part 6 , Section 603 , OBEDIENCE TO OFFI CIAL TRAFFI C CONTROL DEVICES, is a mended by the addition of a n ew paragraph (5) obedience to official truck tra ffic control devices , which shall read as follow s: {5} OBEDIENCE TO OFFICIAL TR UC K TRAFFIC CO NTROL DEVICES : AH~ ,ehiele .. hieh ~ No ope rator or drive r of a truck or commercial vehicle shall di so bey official traffic control devices relating to or concerning truck routes or vehicl e weight restrictions within the City of Englewood , except as provi ded bv ll-l-HB}<2}(4} EMC . Sectjon 2 Safety C)auses The City Council hereby find s , determines . and declares that this Ordinance 1s promulgated under the general police power of the City of Englewood , that it is promulgated for the he alth, safety, and welfare of the public, and that this Ordinance is necess ary for the preservation of h ealth and safe ty a nd fo r the protection of public convenience and welfare . The City Council furthe r determines that the Ordinance bears a rational relatio n to the proper legislative obiect s ought to be obtained. -I - • I • 0 - •• • • Date: August 6, 200 1 INITIATED BY: ), ... • • -.. COUNCIL COMMUNICATION Agenda Item: 10 a I STAFF SOURCE : .. Subject: Ordi nance To Am end E.M .C. Relat in g To Truck Tr aitk Co ntro l Dev ice s Publ ic Works Ken Ross , Directo r of Public W o rks COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved Ordinanc e 9, Series of 1999, which amended the M o de l Tra ffic Co de reg ard ing official tru ck contro l de vi ces . RECOMMENDED ACTION Sta ff rec o mmends th at City Co un ci l approve an o rdin ance to m odi fy th e w o rding in Titl e 1 l , Chap ter 1, Sect ion 1 (B), (10.5) in order t o make it m o re clea r wha t co nst itutes a violati o n wi th reg ar d t o tr ucks and overwei ght vehicles. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The word ing co ntained in th is part of th e mun icipal code is not c lear, it makes it so und as ii th e eh icle is gui lty of violatin g the intent o f th e o rd inan ce in stead of th e ope rato r of th e vehi cl e. In addit io n, st atf typicall y w ill use wei ght restri ct io n sig ns to kee p v ehicles off of selected st ree ts. so t h is pra ctic e ou gh t to be refl ected in the o rdinance . Th e p rop osed wo rdin g makes the driver o r operat or the viol ato r, it incl u des "co mm erci al \'e hi cle s" in o rder to address ins tance s w here pieces o f equipment are b ei n g tran sp o rt ed o n stree t s w here we ight res tr ict io n occur, and it refere n ces weight restrict ion signs in addition to truck ro ute signs. The excep ti o n in th e p roposed o rdinan ce refe rs t o th e sect ion of the co de th at re cognizes th at in certain ins tanc es ov er.-veig ht ve h icles need to acce ss pro p erties that ar e off of ac ce p ted tru c k ro ut es in o rder to p ick up o r deliver materia ls o r m erchandise. FINANCIAL IMPACT o finan ci al im p act to th e C ity has b ee n ident ified. LIST OF ATTACHMENTS The pro posed o rdinance is attached . 'I ) I • 0 • • I• •., • • - Sectjon 3 Seyerabjljty If any clause, sentence, paragraph. or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Sectjon 4 Inconsistent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5 Effect of repeal or modjficatjon The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release. extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provi ion , and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions. suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered , entered, or made in such actions, suits, proceedings, or prosecutions . Section 16 ~ The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full , and passed on first reading on the 6th day of August, 2001. Published as a Bill for an Ordinance on the 10th day of August, 2001. ATTEST: Thomas J . Burns, Mayor Loucrishia A. Ellis, City Clerk I , Loucrishia A . Ellis, City Clerk of the City of Englewood , Colorado. hereby ce rtify that the above and foregoing is a true copy of a Bill for an Ordinance , introduced, read in full , and passed on first reading the 6th day of August, 2001 . Loucrishia A. Ellis -2- • A I • 0 • • • • 1 • •• A • • - BY AUTHORITY ORDINANCE NO . SERIES OF 2001 COUNCIL BILL NO . 50 INTROD UC ED BY COUNC IL MEMBER~~~~~~- A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) AND THE CITY OF ENGLEWOOD DOCUMENTING THE ARRANGEME:-JT AND RESPONSIBILITIES OF THE CITY OF ENGLEWOOD AND CDOT FOR THE 1-25 SOUTHEAST CORRIDOR COLORADO TRANSPORTATION MANAGEMENT SYSTEM (CTMS). WHEREAS, this fall , CDOT will begm recon s tructing the 1-25 South ea t Co rri dor : and WHEREAS, this project is expected to take from five t o seven years to comp lete ; and WHEREAS , there will be a significant impact on the tra n s portation system s along the Southeas t Corridor as well as other areas in Metropolitan De nve r . including the Santa Fe Drive , Hampden Avenue and Broadway co rrid or s : and WHEREAS . CDOT recognizes that Intelligent Transporta tion System (ITS) measures are nece ssary to manage traffic in the co rrid ors during thi s e xten d d construction period ; and WHEREAS . the Federa l Highw ay Admiru str a tion r equires . as a co ndit10 n of receiving Federal ITS fund s a nd s pe ndi ng those fund s on ITS proj ect activiue with local partners, that COOT deve lop a nd execute a Me morandum of Unde r standing (MO U) with all partners lup orgaruzatlons ; and WHEREAS , C DOT deslJ'es to e nter mto a n agreement with the Ci ty of Englewo od for the purpose of s haring information and upgra ding and/or providing equipm e nt necessary to facilitate the dev elopment of the CTMS a t no cos t to the Ci t y of Englewood ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF THE C ITY OF ENGLEWOOD , COLORADO . AS FOLLOWS : Sectjon 1. The City Council of the City of Englewood , Colorado hereby authorizes the Intergovernmental Agreement entitled "Memorandum of U nde r standing For the 1-25 Southeast Corridor and Colorado Transportation Management System (C TMS) Integration Activities" between the Colorado Department of Transportation (C DOT) and the City of Englewood, a copy of which is marked as "Exhibit A" and a ttached hereto . -I - • I • 0 • • -• .. •,, • • -.. COUNCIL COMMUNICATION Date August 6, 2001 Agenda Item 10 a ii Subject: Memorandum of Understanding with CDOT to participate in 1-2.5 Southeast Corridor Colorado Transpo rtat io n Management Svstem INITIATED BY: Department of Public Works I STAFF SOURCE: Ken Ross , Direct o r of Publi c Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council 's goal is to utilize intergovernmental cooperation o n projects benefiting all parties. RECOMMENDED ACTION Staff recommends Council approval of a Bill for an Ordinance to appro e a Memorandum of U nderstanding (MOU) with the Colorado Department ofTransp ortati on (CDOT). This agreement do uments the arrangement and responsibilities of the City of Englewoo d and CDOT fo r th e 1-25 So utheast C o rridor Colorado Transportation Management S stem (CTMS ). BACkGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This fall , CDOT will begin reconstructing the 1-25 Southeast Corrido r. This project is expected to take from five to se en yea rs to complete. There will be a significant impact o n the transportati o n systems along th e Southeast Corridor as well as other areas in Metropo litan D enve r, including the Santa Fe Dme, Hampden A enue and Broadway corridors. CDOT recognizes that Intelligent Transportation System (ITS ) measures are necessary to mana ge traffi c in the corridors during thi s extended construction period. The Federal Highwav Administration requires, as a condition of re ceivi ng Federal ITS funds and spending th ose funds on ITS project activities with local partners, that CDOT develop and execute a MOU with all partnership o rganizati o ns . CDOT desires to enter into an agreement with th e City oi Englewood for th e purpose of sharing informa ti on and upgrading and /o r providing equipment necessary to facilitate th e development o f th e CTMS at no cos t to the City of Englewood . FINANCIAL IMPACT Th e proposed Memorandum of Understanding requires no contribution from the City of Englewood. UST OF ATTACHMENTS Bill for an Ordinance Memorandum of Understanding • 0 I • 0 -. • I • 11,4, .. "' • -... Sectjon 2. The Mayor and the City Clerk are hereby authorized to sign a nd attest said Intergovernmental Agreement on behalf of the City of Engl ewood . Introduced, read in full , and passed on first reading on the 6th day of Augus t . 2001. Published as a Bill for an Ordinance on the 10th day of August, 2001. Thomas J . Burns, Mayor ATTEST: Loucrishia A . Ellis, City Clerk I. Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and paBSed on first reading on the 6th day of August, 2001. Loucrisbia A. Ellis -2- ' .. . ) I • 0 • • • • • • Memorandum of l"ndersranding For the 1-25 Southeast Comdor and Colorado Transporuuon :Vlanageme:u System (CT:VIS ) Integration Acuvmes Tlus \1emorandum oft.:nderstanding (\10C), made tlus __ day oi . 200 1. by and berween THE COLORADO DEPART:vtE:'oiT OF TRA:-.SPORTAT!O:S: ((DOT). and THE CITY OF E:-JGLEWOOD ((1ry), 1s created to document the arrangemenr and respons1b1Itues between the two agencies tdenufied above m the I-25 Sou1hc:is1 Comdor :ind CT:vtS lnte!,'Tallon Proie ct (SEC-CT:VIS Proiect) (Proi ect work plan anached -Appendix C Task Order :-.;umber One I. Genera l ln ro 1ma1 19 n .. The SEC-CT:VIS Proiect pro\"ldes for the funher de•:elopmenr an d enhancement of mfo nn:it 1o n sha n ng capa b1It11es fo r agen c,e s a lo ng the SE C. Be cause COOT en \"lstons an 1rr.?le mema11on peri od c1 i se , e ra! years bdore rrue comdor mtegratton can be achie ved o n a wi de scale . tt ts progress mg on a number of , p re· mtegr auon ) mfo rrna uo n shanng ac u v iues . The se mc!ude C OOT"s .:e ·.e!oi;:-:-,ent of th e me~o Jrea ti be , ,:ng (Oen,er metro area l portton of the high speed commumc au ons :,e :,.,ork . the lo" speed .:ommum auons network archuecrure and the addtt1onal 1ntegratton e ffons fo r its .:e:-:rr a l , , eo sub,. stem . J!I o i "h,.:~ Jr~ aime d J1re ·1ly or md ire ctl) at mcrea smg COOT"s ,apab,lme s to sh:l ,e , 1dec1 mfo rrnau on ( m pam.:~ all "1th 1ts parrne rs . Elrly mtegr:mon acuvmes along these lines m:i y mc:ude an interim ,har mg o i "or1's1a110ns : and conduct ing needs assessments J1Jd deve loping theo ry of o pe ::mons J nd ,)ste m requirements for th e mdt \ldua l interfa ces . There ma y be econonues o f sca le 1nhe,em \\1thm the pr oi ect For e:...am p le . dt!velo pmg req uire men ts fo r o ne or more of the mo re c orr.~lt cJ te!:. ::n e :f :i ;:!s may allO\\ a .:r e:i t lmount of that \\Or k to be used (wnhout the same level ofeffon ) for the le ss J u"ficult mte riJces . Req uire d app ro ,a!. c ea ran ce Jnd .:oord 1nauon have been accomphs hed from Jnd \\tt:l Jppropnate Jg en te s. COOT Jnd :h e Ctry . heremafter JOtntl y referred to as ""the Pames"". desire to enter mt o thi s :vtO C to establt sh genera l p,o, 1s1on, '"th res pect to the d1v1s1 on o f respons1b 1l1t1es for the Si:C-CT'.\15 Proi ec: actt, 1u es JS 1de nt:1ied lit the workplan . Colorado Department of Transpo nJt1 on Respo ns1b1ltues : COOT int ends to pe,fo rm Jnd .:o mp lete the SE C-CT'.\IS Proi ect JS :ce:111 fi e d m the "ork pl a n. Also. CDOT. JS II pertJtns to the sc o pe o r the SEC-CT:vtS Proiec t. desues to share mio rma tto n. an d inte nds to e uhe r upgrade and,or pro \'l de equ ipment ne cessary to acc omp li sh the o bi ec :l\es tdentt fi e d m the \\Ork ;,Ian . . .\!I up grades and.o r equ1pme :1 t pro ,1 ded wtl l be do ne so enu re ly by C OOT Jt no expense :o the C,ry o i Engl ewood . C,rv o i Eng !e"ood Res po ns1 b d111es . The Ctry J emes to recel\e the miomu uc1 n fr o m C OOT as 11 pena ,a .s to h is ScC-CT '.\I S Proi e;i. the C:r:, int ends to .:oo pe rJte Jnd prO\ ,de the nec e ss ary techn1 ,J l J s;1s tJ11c~ ~t :he Ctt:. ·s fa c1Itu es such thlt COOT c.n provide the tn fo muu u n J S 1dentuied m the SE C-CT'.\IS ProJec : .,,o rk ?illl. D1 sout es Sho uld J1sp utes or di sagreements oc ·ur of an y maner rellttng to ±e SE C-CT'.\IS ProJe c t. both COOT and the C tt y shall colllborate to resol ve the d ispute . If the res ol unon .::lnnot be achie ved w1thm J reJsonable time. the mJtler shall be subrruned JOtntl y to the C,ry ·s Trai!ic Eng i.,eer and CDOT"s Chief Engmeer . If J re so luu on .:annot be achie ved wnh,n a reJsonab le mne at :his le,·e !. the maner shall be subrrut1ed Joint ly to the C ,ry ·s '.\lan:iger and COOT"s Exec ume Direct or for fuul resoluuon of:he J1 spute . • E X .. I B I T A . ' I • 0 - • Mt!morandwn of /.:nclentandzng Colorado Department of Transporra11on Ciry of Englt!wood Compensanon • • • .. •, Neither Party to this agreement shall be required to pay any compensatio n to the other Party for any services rendered hereunder. Nothing in this agreement shall be construed to place the persoMel of any Party under the control or employment of another Party. Nothing in this agreement 1s intended to create or grant to an y third pany or person any nght or claim for damages. or the nght to bnng or maintain an y acnon at law . nor does any Party waive 1ts tmmunities at law. including immurury granted under the Colorado Governmental lmmuniry Act. E.,pendirures and Fees The Pames to this '.\IIOU agree that for the purpose of this '.\IIOC 1s to Jo intl y accomplish acuv1u es that could be performed separately by each Party. Accordingly , it is understood that any fee conrnbuted or paid. or otherwise prov ided by any Party to this MOC to the other Party to this '.\l!OC 1re and remain an elependirure of the conmbuting, paying . or otherwise providing Party. and are not revenue o r expendirures of the receiving Party. Fiscal Info rmat ion By this :VIOL:, neither Party incurs a direct financial obliganon such thJ.1 lpp lic able law requires funds ro acrually be encumbered by the '.\IIOC therefor. Ralher. suffici ent funds for Jny finan ci al obhganons that indirectl y result from this MOC shall be encumbered by Pames under separate. subsequent. third-Party agreements. through which the equipment and services descnbed here in will acruall y be provided. Fina nci a l obhgauons of the State of Colorado pa ya ble after the current year are conungent upon funds for that purpose being appropriated. budgeted. and otherwise made available. The Ciry·s financial o bligauons unde r th is ~IOC are expressly subj ect to lppropriation Jnd availabil iry o f funds fo r that purpose. Terms of '.\1101,i COOT .ind the Ciry desire to enrer into this '.\IIOC to establ ish ;;eneral pro,·i s10ns wnh respect to the d1, lSlOn of respons1bili nes for !he SEC-CTMS Project acnvines as identified in the work plan . The '.\llemorandum of Cnderstand in!: \Vill be e!fecnve t.1pon the date n is full y executed b y :he signarure s be low. un ul the terrruruu on of the SEC-CTMS ProJect. which is anncipated to be September 30. 2002 . However. 1f the Pames so desire. the term may be eletended for a subsequent nme penod by ""T1rten amendment to this MOC For COOT Frank Kinde r 700 Kip ling St., St.11te 2500 Lakewood. CO 801.!5 303-51.!-58:0 For the Cit): udd Vestry 1000 Englewood Pkwy Englewood. CO 80110 303-762-2511 2 • I I • 0 • • • ,,• Mem orandum of Understanding Colorado Deparrment ofTransporra1ion City of Englewood Temunauon for Cause • .. • -.. If either Party shall fail to fulfill. in a timely and proper maimer. its material obligations under tlus MOC. the other Party shall have the right to tenninate this MOC for cause by giving wrmen nonce of such temunanon. at least tlurty (3 0) days before the effective date of such temunanon. T enrunauon for Convenjcnce Either Party may tenninate this contract at any time if it detemunes that the purposes of the :vtOt: would no longer be served by compleuon of the SEC-CT:vtS Project. Party choos10g to temunate shall effect such temunanon by giving written notice of termination to the other Party at least thirty (3 0) days before the effecuve date of ~uch tennination. Local concern The P:mies agree and acknowledge that the acuvmes contained m this '.\I OL' :ire matters of local concern only, and that noth!Dg in tlus :vtOt: shall make or be construed :is makmg any of local concerns cov ere d here in matters of mixed concern o r scte\\ide concern. No Third Pam· Beneficiarv It 1s expressly understood :ind agreed that the enforcement of the terms and condmons o f tlus :VIOL: shall be strict ly reserved to the Pames hereto . It 1s the express tntent oi the P:imes hereto that any person or ennty . other than the Pames to this :VIOL'. receiv10g services or benefits under this :vioi.; shall be deemed incidencl beneficiaries only. IN Wlr.,/ESS WHEREOF . the Parties hereto have executed this MOC the da y and year fi rs t above writen. By Attest : By By Attest: By Thomas E. :-lorton. Executive Director Colorado Department of Transportation ( Chief Clerk ) Thomas J. Burns , '.\la yor C1ry of Eng lewood Loucnsh1a A. Ellis , City Cleric Date : Date : Date : Date: 3 ' . • I • 0 • • • •,, • - 1-25 Southeast Corridor and CTMS Integration Activities -Appendix C September, 2000 PROJECT OVERVIEW COOT 1s curr en tly working on two maJor IT S projects . The first 1s th e Co lorado Transportati on Man agemen System (CTMS ), whic h is un derway and encom passes a number of statew ide ITS 1ntegrat1on ac:1v1t1 es . The CTMS bui lds on th e ITS sys tems ar:d arc hitecture develooed •n rece nt years durin g :h e state -funded Revised Model Deo loym e nt Ini tiat iv e (RMDI ). The second 1s th e 1-2 5 Southeast Corr •dor project. Th is 1s a S1 .5 b1ll 1on program to provi de capacity and tra nsit improvements to he 1-25 cancer ·ram south De nver through th e Denver Tecnnolog 1ca l Center (OTC ) 1n th e southern suo rbs . ! e most 1eav,ly raveled segment of interstate hi ghway 1n Co lorado ITS planing act1v1t1 es for ·hat :irojec: are 1n progress as COOT rea 11 zes that active ITS measures will be requ ired to operate and ar ;e : e corridor over he eq uir ed 1ve to seven year con struction period . The or,g1nal language attached to th e FYOO Congress1onall Des ignated Earmark ca1ls :or tre :i rcj ec : fund ing to oe used w1th 1n Arapa hoe and Jefferso n Count ies 1n th e Den ver area As a large oort1on o t e So utheas t Car 1dor (SEC ) proJ ect pa sses throu gh Arapanoe County, tre :irst component of· e proi ec : .v iii foc us on start-o .nteg rat10 ac!lv 1t1 es for th e SEC . That .var w ill concertrate o ce ve'o crert o cer e'- to -c en er (C2C ) interfa ces betwee n COOT a d the followin g age nc ies . all of .v n 1c , c~r ert! oar:ic :oate n orgo1n g :as~ 'crces plarning th e SEC: oroj ec:: Araoaroe Co m;: Au rcra Co1oraco State ca1ro1: Cer,er Dcu;!as Counr1 Eng 1ewood . Greer ,·.ooc ill age L eton : and Reg io nal Tr ansportauon D1smc1 (RTD). lntegrat ,cr ac a•11u es nderta en herein Nill all o a Jump s:an o :re SEC deoloym ent progr am suc;, :rat CO OT ,s better pos 1t1oned o successfully operate, manage and ma1nta 1n 1-25 wnen const rucuon starts n earr es , c ar: 1n:eg ra1,on wi ll all ow comcor age nc :es to snare ,nform at,on. manage -nc .den s pool sur,e,ll arce data and other resources. and determ ine e 1c 1e n methodolog ies w ith wh;cn o d 1ssem 1n a1e tra e ·er r'or,..,auon 10 he puohc . Sim ply stated . th e f nc:1 g 'or 1 1s project .v iii be sed :o ~e 10 -,·lll'ga te the pa c: of : e SEC con struct ion work . Pe nc 1n g Fri' A aporova l, COOT may also se a component of e fun d in g to e10 acce •erate de velop e o t e Colora c:o Transporta 10n Ma nageme r:1 Ce nt er (C l\1C ) :o Co1oraco Sor r.gs , :erace a project wh 1cn 1s underway as part of the CTMS . The Co lorado So nng s T raff:c Ooerauons Cen er prov1ces 'ree•.va and surface stree m anage ent . Colora do So nngs (E, P3S O Courtyl ard sot.tre•n Dm .. g 'as :our In acd 1t1o n . thi s center can be sed to orov1 de n ormauon io t e :ra e ier ,eac 1ng "'\Orth to Oe n er along 1-25 As of th is date . the Theory of Operat ions and S stem Req uiremen s 'or hat inter"ace are com olete and the two oarttes '"l ave 1nit1 ated a work s1a 11on exc . ani;;e as an n:er: measc.re , howe •,er :~ere may be in su ffi c ient func1ng all ocatec o mo e oe yorc e es ,gn stage T e Jererson County component of th e project wi ll be adcressed as all ows As :i ar. o :h e C IS COO 1s ce eloo ng a 2C interface with th e City of Lakewood . Add 1t1on al CTM S ac:1v 1t.es .nc iuc e c:e velo ome flt of a ,ow-speed communications architecture intended for deploym ent ac:1v1t1es . and enn an c 1ng or prov ,d1ng ::,erter internal integration for the follow1ng subs ystems : 1) wea mer: 21 -centra l" c losed ircu 1t telev1 s1on (CCTV); 3] automated traffic recorder (ATR); 4) highway advisory rad io (HAR ), 5) van ao le message signs (VMS ); and 6] enhancing Coors kiosk and Internet 1nforma11o n d1ssem 1nat 1on subsystems . As the CTMC and Lakewood are within Jefferson County , COOT proposes to se a second 1-255-•C-- CTMS I~ iAcce nar t C Seor~m oer WOO I • 0 -• ·,· .. • • compo nen t of the project funding to accelerate the referenced integration act1v1t ies (i nclud ing th e Lakewoo d interface ) as well as develop initial planning for add itional Jefferson County C2C interfaces . COOT Reg ion 6 (R6 ) is a Colorado leader in the development of incident management and response planning . 1-25 through the OTC (i .e . SEC through Arapahoe County and surround ing) has a mature incident management plan , and 6"' Avenue (US-6) through Denver and th e western suburbs (i.e . Jefferson County) is a second corridor which R6 will study in additional detail this year . Both plans call for coordinated incident management between a number of enforcement and response agencies . Consequently . at CDOT's discretion . and with the approval of FHWA, portions of the project fu nd in g will be used for integration to enforcement or emergency response agencies ,n order to enhance coord ination and information exchange . FUNDING Anticipated federal funding for these projects is earmarked to be S1 .966.053 . A one-to-one match 1s requ ired , yielding a S1 ,974 ,636 state funding match and a total project cost of S3 .940 ,689 . Regarding th e state match , S381 ,146 is cash ; $405,276 is personnel services (COOT IT S staff ded icated full -tim e to th e project) and S 1.1 88 ,214 is COOT ITS staff assigned to some level of the project . ESTIMATED COSTS The est1mateo costs li sted are not backed by eng in eering estimates ; however th ey will for the most part be "des ign to cost" projects and not subject to adjustmen t of more than 1 5% without approval by FHWA e ither ,n the Partnersh ip Agreement or with in proiect worK orders or ta sk orcers . Budget amou nts will ,n cluce ;:,re l1m 1nary eng ineering , eng inee ring , ad min 1strauon . eva luati ons . permitti ng , clea rance s . constru cuon testing and inspection . consu ltant Systems Integrator and Program Management support se rvices and contingency fu nd ing. COOT ITS staff pe rsonnel se rvi ces are includ ed to the thre shold s defin ed 1n the state of Colorado's proposa l to FHWA. COOT SYSTEMS INTEGRATOR AND PROGRAM MANAGER If app li cab le . th e use of the CTMS Systems Integrator and Program Manager ref erred to 1n this appe nd ix will be cons istent with CDOT's Special Experimental ProJect 14 (SEP-14) application for the CTMS , as prev iously approved by FHW A. PROJECT SUMMARY LIST The proposed task orders under this project and their dollar value are : ,. 2 . 3 . 4 . 5. 6 . 7 . SEC Information Sharing and lntegra~on Transit -H ighway and Transportation-?ublic Safety Integration CTMC Interface -Colorado Sp rings CTMC Interface -Lakewood Low Speed Commun ications System Developm ent Weather Sys tems Integration ATMS Integration TOTAL ATTACHMENTS ON THE FOLLOWING PAGES s,.000 .000 S 700 .000 S 400 .000 S 300 .000 S 500 .000 S 140 .689 S 800 .000 $3 ,940,689 The attachments on the following pages include task order work plans , sc hedules and budgets . I-ZS Soutr-east Comdor and CTMS nt"'r111 ,on • • Api»ndix C S.,,temoer. 2000 ' ~ ~ • -, 0 I • 0 • • • -.. 1-25 Southeast Corridor and CTMS Integration Task Order Number: Task Order N11me : Cost · Proposed COOT Technical Manager: WORK PLAN SEC Information Sharing and Integration $1 ,000,000 Frank Kinder This proiect provides for the further development and enhancement of information sharing capabilities for agencies along th e SEC . Note that specific scopes of work for these interfaces will be initiated 1n the fa ll, 2000 time-frame Because COOT envis ions an implementation period of several years before true corridor 1ntegrat1on can be achieved on a wide scale . it 1s progressing on a number of (pre-1ntegrat1on ) 1nfonmat1on sharing activities . These include CDOTs development of the metro area fiber ring (Denver metro area ) portion of th e high speed communicat ions network; the low speed communications network architecture and the additional integration efforts for its central video subsystem ; all of which are aimed directly or in directly at increasing CDOTs capabilit ies to share video information (i n particular) with its partne rs Early integration act1v1t1es along these lines may include an interim exchange of workstauons ; and conducting needs assessments and develop ing theory of operations and system requirements for th e individual interfaces. There may be economies of scale inherent w1th 1n the project . For example . developing ec;u1 rements for one or more of th e more complicated interfaces m ay all ow a great amount of tnat work to be useo (w ithout the same level of effort) for th e less difficu lt interfaces . Pote ntial interfaces and/or other integration activ1t1 es m ay include the fo ll owin g . Note that in all cases. the enforcement ,llece of the interface work may be more app ropriately ass igned to Task Order #2 . Arapahoe Ccunty. Eng lewood . Greenwood Vill age . Littleton . Traffic and enforcemen t. Au rora . DIA inc ident management ; traffic and enforcement Colorado State Patro l. Information exchange ; shared dispatch : CAD system interface . City & County of Denver. DIA flight status database ; DIA incident management traffic and enforcement add itional kio sks; 1-25 event management. Douglas County. Video sharing : add illonal future ,ntegra11on . spec,fica lly traffic . RTD . CADI AVL interface : additional kiosk development. Both are a better "fir under task order #2 . Follow ing completion of the requ irements the fo ll ow ing 1mplementat1on steps wou ld st ill need to occur: design ; interface development; hardware procurement; software development; integration of hardware. softwa re and co mmunications : acceptance test development; and system testing . COOT an !ic 1pates using a portion of the funding for th is proiect to advance and accelerate plann ing activ ities for the SEC interfaces as well as to physically implement as many of th ese as th e budget will allow . BUDGET The project budget stands at S 1 ,000 ,000 at th is time . If add itional. unspent fun ds remain from the balance of any other task order. those may be tr ansferred to thi s ac tivity as well. pend 1n 1; app rov a l of FH WA. SCHEDULE Establ ish pnonty interface list Scop ing FHW A approval and NT? Theory of operauons and reQu irements Communicauons system concepVdesign Install intenm work stations if applicable User interface/application design/development System to system design/development if applicable Integration . testing . documentation 10 /2000 1012000 -12!2000 1 112000 -01 /2001 1212000 -05,2001 03 /2001 -0612001 04/2001 -0 712001 05/2001 -1012001 07/2001 -1 112001 0912001 -02120 02 • Appendix C September. 2000 • I • 0 - • • • • .. • • 1-25 Southeast Corridor and CTMS Integration Task Order Number: 2 Task Order Name: Cosr : Transit0 Hlr,hw11y 11nd Transportation-Pub/le Safety Integration $700.000 Proposed CDOT Technical Manager: Bob Wycoff WORK PLAN The planned CDOT-RTD integration was not comp leted as ong 1n ally inte nded during RMDI but has been identified by COOT as a CTMS/SEC integration ac11v1ty This 1s due . 1n part. to CDOT's and RTD 's ongoing willingness to partner as well as the large trans it co m ponent of th e SEC . A light rail line from south Denver to the OTC is parallel to and is incorporated into the corridor cross-secti on . The previous ly planned CAD/AVL integration will allow real-time transit data to be available through the COOT kiosk and Internet subsystems (and conversely COOT data to be ava il ab le th rough the RTD data dissemination subsystem s ). and wi ll provide COOT with addit iona l probe (express bus ) data . In add ition . vi deo (and all other ) data sharing will be available between the two agencies . In terms of public safety integration , the E-9 11 integration with the Denver Poli ce Department w ill prov ide a bluep rint for integration to other enforcement and response agenc ies 1n th e SEC projec t. At th e top of CDOT's li st for short-term integration are the Colorado State Patrol (w ith a new comp ut er-aided dispatch system com in g on lin e ), th e SEC c ities and cou nt ies (for tra ffi c and enforce me nt inform at ion sharing ): eme rgency response agencies (to assist 1n incident management and res po nse -part icul arly along SE C and US-6 1n Jeff erso n County ) and th e po li ce depanments of the C1t1es of Au rora ana Lakewo od (long planned-for during th e RMD I proiect ). By inclu ding interfaces to these age nc ies as a fir st ;:in ority. CO OT will have es tab li shed nea rly complete E-9 11 coverage for the majority of the Denver area and surrounding freeway systems as the listed agenc ies comp ri se m ost of the po li ce enforcement along th ese rout es . BUDGET The proJect budge! stands at $700 ,000 at thi s ti me. If add itional . unspent f unds remain from the balance of any other task order. th ose may be transferred to this acti vity as well . pe nd in g FHWA approva l. SCHEDULE Estab li sh interfa ce pnori ty li st Beg in preparation of scopes for pnonty task orders Negotiate scope with contracto r FHW A app rov al Issue NT P Deve lop theory of ope ration s·· Deve lo p func ti onal requ irements·· Comm unica ti ons concept and des ign•• lnte nm work stations if app li cab le·· User 1nte rface /app li calion design/development .. Syste m-to-s yste m des ign/development if appl icab le·· Integra tion ·· Documentauon·· Tes ting ·· Com pl ete RTD interface wor1<·0 Complete Denv er E-911 interface wo rk · • 1nd1cate s CTM S tas k •• ind icates pan ial CTMS tas k 1-2 5 Soumeasi ~.:,mdor an a CTMS 1nregra11on 1012 000 10/2000 -121200 0 10/2000 -1212000 11 /2000 · 01 /2001 1 1 /2000 · 021200 1 12/2000 -03/2001 021200 1 -05/2001 03/2001 -06/200 1 04/2001 -0 7/2001 05/2001 -1012001 07/200 1 · 11 /200 09/200 1 • 121200 091200 1 • 121200 121 2001 -0212002 1 0/2000 -09/2001 10/2000 · 03/2001 • A ppendix C Sepremoe , 2000 • 1 ) I • 0 ] • • ' .. • - 1-25 Southeast Corridor and CTMS Integration Task Order Number: TilSk Order Name: Cose: Proposed COOT Technical Manager: WORK PLAN 3 CTMC Interface -Colorado Springs $400,000 Bob Wycoff The purpose of thi s project is to develop a C2C interface and commun ications link between th e CTMC and Colorado Springs TOC (CSTOC). The li nk would allow the CTMC and CSTOC to monitor and operate each other's ITS field equ ipment subJect to the estab lishment of operational agreemen ts between COOT and th e City of Co lorado Springs The link wou ld also allow the transmiss ion of traffic and in cident data between the two centers and provide for human resource sharing efficiency in that CTMC personnel will be available to assist the C ity ,n monitoring the Colorado Sprin gs system during off-h ours . The CTMC is a 24 hour/7 day operation while the CSTOC 1s normally staffed between th e hours of 6 AM to 6 PM on weekdays . The ATMS at the CSTOC controls cameras . ATR and VMS In add 1110n . the C ity opera tes a separate Traffic Signal Control2 (TSC2) system . which control the C ity of Colorado Springs and some COOT Reg ion 2 signa ls. but is not integrated into th e ATMS T hi s proi ect will includ e integration of the tra ffic contro l system and ATMS ; followed by integration of th e combined system to th e CTMC . The project w,11 address several major iss ues inc !u ding: De velo pment of a theory of operations or interac uon berween the rwo centers : Development of functi ona l req uir ements for ,nteract,on ber.veen th e r.vo cent ers : • Select ion , design and installation of a physical commun,cauons link between the two centers : Development of C2C interface : • De velopment of user interfaces and an y supporting app lic at ion software : and Integration . testing and documentation of all elements . As the CTMC-CSTOC interface will li kely be used as a model for future interfacing of add iti ona l systems to the CTMC , COOT will require the Integrator and Program /Systems Manager to prepare and subm it extensiv e and comprehensive documentation to outline the interface design and implementation process This work has been initiated through the CTMS project , which has approximately $500 .000 ,n fund in g allocated for the start-up portions of this task order. This proJect will allow the results of th at work to be advanced 10 th e 1mplementat1on and testing stage . BUDGET The proiect budget stands at $400 ,000 at this time . If adc itional, unspent fund s rema in rom th e balance of an y other task order. those may be transferred to !his act ivity as well . penc1ng approva l of FHWA. SCHEDULE Deve lop theory of operation s and fu nct io nal requ irements · Ana lyze NTC IP C2C protocol· Commun ication s concept and design• Install int eri m Nork stations· ATMS,TSC2 design cevelopment. integration .. User ,nterface /app li cauon des1gn1de velopment .. System to system des,gn/development"" lntegrauon Documentatio n Testing • indicates CTMS task -indicates partial CTMS task 1-2~ Soum .. sr Comoor :Jnd CTMS ll'lfeQtat,on Complete hrough TMS Complete through CTMS 09/2000 -1 1 /2000 09,2000 -1 112000 01 ,200 -09,200 0412001 -07 2001 06i2001 -09 /2001 10 /2001 -01 /2002 1212001 -02/2002 0 1/2002 -03 /2002 Appena,x C Sepremoer. 2000 I • 0 • • • • ..... •. • • ,, 1-25 Southeast Corridor and CTMS Integration Tas/c Order Number: ' Tas/c Order Name: CTMC lnfarface -u/cewood Cost: $300,000 Proposed COOT Tecnnical manager: Bob Wycoff WORK PLAN The purpose of this task order is to develop a second C2C interface with a control center in the Denver area. Due in part to their implementation of a new NTCIP-compliant signal/ITS management and control system , as well as their willingness to partner with COOT on this initiativ e . the C ity of Lakewood was selected for this application . The described link will enable data sharing between COOT and Lakewood ; help fac ilitate 1nc,dent management efforts and operational effic1enc1es along and parallel to State Highway corridors in the vicinity • such as US-6 (West 6'" Avenue), US-285 (Hampden Avenue). SH-HO. Sl-l-391 (K ipling Street), SH-121 (Wadsworth Boulevard) and US-40 (Colfax Avenue ). and provice for human resource sharing efficiency in that CTMC personnel will be available to assist the C ity in monitoring the A TMS during off hours . The project will therefore address several major issues including : • Development of theory of operations ar,,d functional requ irements for interactio n between the two centers : Design and installation of a physical communications li nk between the centers : • Development of a C2C interface : Development of user interfaces and an y supporting app li cat ion software : and Integration . test ing and documentation of all elements . The CTMC-Lakewood interface also will likely be used as the pattern or model for th e interfac:n g of additional systems to the CTMC 1n the future. particula rly th e potential SEC interfaces . COOT will require the Integrator and Program /Systems Manager to prepare and subm it exten s ive documentation to outlin e the interface design and implementation process . This work has been initiated during th e CTMS project , wh ich has about $250 ,000 1n fundin g all ocate:: for the start-up portions of this task order. This project will allow th e results of that work to be advanced from the design through the implementation and testing phases . BUDGET The project budget stands at $300 .000 at this tim e. If add ition al. unspent funds rema in from th e balan ce of an y other task order . those may be tran sferred to thi s activ ity as we ll, pending approval oi FHWA. SCHEDULE Develop theory of operations· De velop functional requirements· Ana lyze NTC IP C2C protocol· Communications concept and design• Install interim work stations· User interface/application design development" System to system design development .. Bu ild/Integration Documentation Test ing • ind icates CTM S task •• ind icates pan ,al CTMS task 1-2 5 Southeas: Comaor ana CTI.IS lnt~rar,on Comp lete through CTMS Expected completion 10 /00 through CTM S Comp lete through CTM S 11 12000 -0212001 0212001 0212001 -06 /200 1 04 12001 -07 1200 1 071200 1 -101200 1 0912001 -11 12001 09 12001 -11 /200 1 • Apaenai• C S.ptemoer. 2000 • I • 0 • • • • .. • - 1-25 Southeast Corridor and CTMS Integration Task Order Number: Task Order Name : Cosr · Proposed CDOT Task Manager· WORK PLAN s Low-Speed Communications Systam Development $500,000 Boo Wycoff .. COOT. through its Shared Resources Project. is installing high-speed OC-48 fiber optic links along highway's right of way . The initial portions of the deployed system are 1-70 and 1-25 . as well as the central "hub" configuration in Denver. This network is vital to successful linking of CDOT's communications nodes but is not designed to prov ide connectivity to and from ITS field equipment (beyond the provision of regularty spaced access points ) along the highway. This project is a critical component of the ultimate success of the SEC integration effort. The project takes initial steps toward providing connectiv ity by planning . designing , installing and integrating low-speed communication links to connect ITS devices to the high speed backbone. and from there to the CTMC or other COOT command and control nodes . The goal is to provide a standard architecture for these low speed communication networks wh ich can be deployed by COOT statewide . The CTMS low speed communications proiect 1s not suffic iently funded to provide such links to and from all ITS devices. That being the case. an important piece of the initial work is to compare COOT's ITS inventory, needs and requirements against the Shared Resources implementation schedule to develop a plan for deployment of the low speed network . Maier issues addressed by this task order include : Determ ini ng low speed ITS communic at ion s needs1requ irements for the CTM S. SEC and Reg io ns . Concucttng a tecnno log y revi ew to assess state-of-the -an ,n communicat ions equ 1oment and hardware . • Recommending a specific low speed architecture based on the results of the technology rev iew . • Developing a long-and short-term deployment strateg y. • Developing an implementation plan tying previous activ ities into a report that inc ludes : 1 J COOT standard architecture for deployment statewide and 2] a prioritized implementation schedule . • Des igning pnonty pieces of the state •.v1ce network inc ludi ng at least on e :est bed locatton Furn1sh1ng and installing communocattons hardware . communication li nks and software as required . • Integration and testing of all deployed elements . • Updating existing RMDI documentation or developing new documentation to descri be the architecture . This work will be initiated through the CTMS proiect. which has approxim ately $800 .000 in fund ing allocated for th e initial portions of this task order. This project will all ow the elements of thi s task order to continue to be advanced to the design and implementation phases . BUDGET The project budget stands at $500 ,000 at this time . If additional , unspent funds remain from the balance of any other task order, those may be transferred to this activity as well , pend ing approval of FHWA. SCHEDULE Needs and requir ements· Lab test" Archite ctu re and technology review· Impleme ntation plan · Des 1g ·• Test plan oe velopmem ·· Procure , insta ll , test hardware .. Integrate hardware , communications .. Documentation and Testing .. • 1nd1cates CTMS task •• 1no 1cates partial CTMS task /-25 Soutneasr Comdor and CTMS tmei,,a,,on 11/2000 06 /2000 -10 /2000 (underwa y through CTMS) 11 /2000 -01 /20 01 1212000 -02/2001 02 /200 1 -04, 20 0 03 /2001 -05 12001 04 12001 -06 /2001 06 /2001 • 08 /2001 06 /2001 -09 /2001 • Appeno,x C Septemoer. 2000 ' . ' ) I • 0 • • • • • - 1-25 Southeast Corridor and CTMS Integration Task Order Numl»r: Task Order Name : Cost: Prop osed COOT Technical Manager WORK PLAN 6 W..rher Syshtms lnhlgratlon $140,689 Bob Wycoff .. This project takes the initial steps toward development of subsystems and/or interfaces to support dissemination of crucial -ather information to CTMS operators; COOT maintenance forces; other COOT personnel (such as Intergovernmental and Public Relations); the COOT Regions: public agency partners and the general public . To that end . this project will include : identifying the amount and type of data residing on the ex1st1ng CTMC weather server(s ); determ1n1ng the methodologies used and issues encountered by other state OOTs in the dissemination of similar detailed weather information ; and beginning the development of such a system for future integration with the overall CTMS software package . Ma1or project issues and tasks are as follows : • ldenbfying the amount . type and configuration of !lie data and databases residing on the CTMS weather server . Identifying methodologies used and issues encountered by other state DOTs which disseminate similar data . Determining legal issues which may be associated with providing enhanced weather data to the public . • Conducting a worxshop to discuss results of the inventory activity and options to achieve improvement. • Identification of short-and long-term options to implement improvements (i ntemally and extemall y) • Implementation of short-term improvements or interfaces/subsystem prototypes . • Integration and testing of all short-term elements . This work will be in iti ated through the CTMS project. which has approximately S100 .000 in fu nd in g allocated for the start-up portion of this task order. This project will allow the results of th at work to be advanced to the implementation and testing phase . BUDGET The project budget stands at S140 .689 at this ti me. If add iti onal . unspent funds remain from the balance of any other task order . those may be transferred to this activity as well , pending approval of FHWA . SCHEDULE Surve ys• lmplemen ta1 1on Pian· Test plan development" Proc ure . install, tes t hardware .. Develop . install. test software .. Integrate hardware . software , communications Documentation Test ing • 1nc1cates CTM S task •• ind icates partial CTMS task 1-25 S0vt11eas1 Comdor and C MS nr&g rat1on 11/2000 -12/2000 1212000 • 01 /2001 01 /2001 • 02/2001 02/2001 -03/2001 03/2001 -05/2001 04 /2001 -06/200 1 05 /2001 06 /2001 -07/200 1 • .4ppendi• C s.premoer, 2000 • 1 • I • 0 • ' . • • 1·25 Southeast Corridor and CTMS Integration Task Order Number: Task Order Name: Cost: Proposect COOT Technical Manager· WORK PLAN 7 A TMS Integration $800,000 Frank Kinder This is the overall integration and architecture compliance acuv 1ty for the CTM S proJect. A series of 1nit1al task orders for thi s proiect has already been developed and have an 1n1t1 al focus 1n th e foll owing areas : Further development and enhancement of the CTMS ·central' video systems : Deve lo pment of NTC IP-compliant dnvers for the CTMS ·central" VM S subsystem : lntegrauon of A TR data : • Funner development and enhancement of the kio sk and Internet use r interfaces . screens and subs ystems ; Funner development and enhancement of other ·centra l" 1nformat 1on d1ssemma11on subs yste ms such as he 800 ,nformauon li ne , broadcast fax . HAR and so on . De velopment and enhancement of the Den ver area ,nter-agen cy communications network . The fir st of these tas ks enhances and modifies th e CTMC ·centra l" video systems . communications and architecture to allow for 1mproveo operations ano eas ier sharing oi vi deo oerw ee n COOT and its panners CO OT will determ in e the hardware and software recuirement s needed to estab li sh successfu l com munications and control between th e ex 1st1n g and new (year 2000 ) cameras and th e CTMC , includ ing th e rec;uir ed moc:1fications o th e central vid eo systems ana arc h11 ec1u re rec;uired o ac ili tate easier vi deo sha nng between COOT and its partners . Later , the planned mod ification s w ill be des igned and implemented . Nexi. COOT will develop NTCIP-complianl drivers to commun icate w ith its VMS s igns . develop a system to bring add iti ona l traffic count data into the CTMC mu lti-modal database . and con unu e to de ve lop and ennance the centra l component of th e HAR . VMS broaccast fax ana ctr.er 1nformat1o n c:1sse 1rauor subs ystems . The ki os k and Intern et integration task follows a sim ilar c ecloyment path . The intent of :h is 1ntegrat1o n activity is to develop a more robust ki os k/Intern et syste m , which will be more user-frie nd ly and w ill all ow for th e inclus ion of add itional displays and scree ns as th ey are developed . The work under th e Denver area communications tas k inc lud es procurement of end-to-end hardware as rec;uired o light an e xist ing fi ber opt ic network 1n th e Denver area wh1cn includes phys ica l link s between th e foll ow in g facilities : 1] CTMC ; 2] Reg ion 6 HOV node build ing #1 ; 3] Coors Fie ld (City of Denver ); 4] Aura ria TOC (C ity of Denver); 5] Reg ion 6 ; 6] COOT Headquarters : and 7] City of Lakewood Add ition al work wh1cn COOT w ill nd e na1<e w1th1n th is proiect 1nc1u ce m1 sce 1l aneous ,ntegrauon acu v1 t1es such as th e incorporation of port of entry data into the multi-moda i database ; furthe r de ve lopment of th e E-9 system currently being developed with th e Denver Po li ce Decanment. an add 111onal interface to the Co lorado State Patrol as th eir computer-aided dispatch syst em comes on hne; and add1uonal interfaces to oth er fi eld eq ui pment sys tem s . Aga in , these represent key bu il c ing :>locks towarc ultim ate . s uccess ful SEC 1nte1:;r at ion . Th is work will be in itiated through th e CTMS pro1ect . whi ch has acorox 1r.ately 5 1,107 .000 in fund ing allocatea for th e start-up port io n of thi s tas k order Of th,s . aoout ~00 .000 has bee n a lloca ted for the Den ver area fio er optic network 1mple mentauon . Thi s proiect w ill all ow :hat :ask oroer and other act1v1t 1es within the umbrella 1ntegrat1on ~., lo be accelera ted or comp leted . BUDGET The proiect :>udget stands at S800 .000 at thi s time . If acc 111on al, unspent fun ds rem a in fro m th e bal ance of an y other task order. those may be transferred to this ac uv1ty as Nell , penc:1ng approval of FHWA. 1-25 Soult!HSI C.Omdor anCI CTMS ,nreQrat,on • Api:,enCIIK C Sepremoer. 2000 ... I • 0 - • • ·~. SCHEDULE Denver E-911 interface refinement• Central HAR subsystem improvements- CCTV central needs and requirements" CCTV central architecture development" CCTV central system design phase" CCTV cenual system build phase- NTCIP VMS protocol requirements· NTCIP VMS protocol design" NTCIP VMS protocol implementation" ATR integration requirements• A TR integration design" ATR integration implementation- Kiosk/lntemel requirements· Kiosk/Internet design" Kiosk/Internet implementation- Denver fiber ring design• Denver fiber ring implementation· • indicates CTMS activity •• indicates partial CTMS activity zlceodat\21 OOOO\ear2000\partagreeappc .doc .. • • -' 09/2000 • 12/2000 09/2000 • 12/2000 Ongoing through CTMS 08/2000 · 10/2000 09/2000 • 1 1 /2000 11/2000 • 02/2001 Ongoing through CTMS 01/2001 • 04/2001 03/2001 • 06/2001 01/2001 • 03/2001 03/2002 • 0512001 0512001 • 08/2001 Ongoing through CTMS 07/2000 • 09/2000 09/2000 -11 /2000 Ongoing through CTMS 09/2000 • 11 /2000 • Apf»ndix C S.o,-,. 2000 .. . • • I • 0 2 • ORDINANCE NO . SERIES OF 2001 . • .. • .. • . - BY AUTHORITY A BILL FOR ' /Oi.tii COUNCIL BILL NO . 51 INTROD UCE D BY OUNC JL MEMBER~~~~~~- AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH COLORADO STATE UNIVERSITY (CSU) FOR THE COOPERATIVE RESEARCH PROJECT ON LA."iD APPLICATION OF SEWAGE BJOSOLID ON DRYLA'.'JD WHEAT. WHEREAS , SINCE 1982 , THE LITTLETON/E!'JGLEWOOD WA STEWATER TREATMENT PLANT (LEWWTP) in coope ration with Col orado State Unive r si ty (C SU) Department of Soil and Crop Sciences has s uccessfull y co nducted a contmuous research program to observe the long-term effects of the application of bio so lids for dry land wheat farming; and WHEREAS , the Englewood City Council passed Ordinance No . 84 , Series of 2000 approving an !GA with Colorado State l Di ve r sity (CS ) for the Coo perative Research Project on land application of se wage biosolid s on dryland wheat for the year 2002; and WHEREAS , the research has provided long-term r esearch data a nd a so und ba s is of knowledge of the biosolids produce d by the LEWWTP and the environmental impacts of the product; and WHEREAS , the LEWWTP/CSU research project has been instrumental in establishing the basis for biosolids beneficial u se for the growth of dry land wheat cr op s in the arid western states and in Australia ; and WHEREAS, the long-term research demonstrates that the beneficial use of wastewater biosolids is an environmentally safe , economically beneficial and agriculturally sound practice for recycling and conserving a valuable reso urce ; and WHEREAS , the research has benefited not only western states farming communities, but also biosolids researchers, regulators, generators, appliers a nd othe r environmental professionals; and WHEREAS, in 1999 the LEWWTP and CSU received t he U .S . EPA Outstanding Research Contributing to Beneficial Use of Wa stewater Solids -First Pl ace National ; and WHEREAS, CSU has submitted their proposal for the cooperative r esear ch project on land application of sewage biosolids on dryland whe at ; and WHEREAS, the 2002 study will include study si t es at the Be nnett 1te , the Ki owa site and the Byers site, farms owned by LEWWTP ; -I - • .. • I ) I • 0 • • • • • • ... COUNCIL COMMUNICATION Date Agenda Item August 6 . 2001 10 a iii Subject Colo rad o Stat e niversit Bi osolid Research Agreement INITIATED BY STAFF SOURCE Littleton/Englewood WWTP Supervisory Committee COUNCIL GOAL AND PREVIOUS COUNCIL ACTION RECOMMENDED ACTION Stewart H . Fonda, U tilities Directo r We recommend Council approve by Ordinance an lntergO\ernmental A gree ment ,, ith Colo rad o Stat e University for the cooperative research project on land applicati o n o f se w age bi oso lid o n dr\ land vh eat in th e amount of $70,114. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Since 1982, the Littleton/Englewood Wastewater Treatment Plant (L/E WVVTP ) in cooperati on with Col o rad o State University (CSU ) Department of Soil and Crop Sciences has successfull conducted a c ontinuo us re searc h program to observe the long-tenn effects of the applicati on of biosolids for dl)fand wheat farming. The re search has provided long-tenn research data and a sound basis of knowledge of the bi o solids pro duced bv th e L E W\VTP and the environmental impacts of the product. The informati on has be e n use d extens1ve l , as a p ub lic relations tool, as well . Additionally, the L/E WWTP/CSU research project has been instrumental in establishin g the ba sis fo r bi oso li d beneficial use for the growth of dryland wheat crops in the arid western states and in Austral ia. Th lo ng-term research demonstrates that the beneficial use of wastewater biosolids is an enviro nmentall afe . econom1 c all , beneficial, and agriculturally sound practice for recycling and conser\ing a valuable re source . Th e rese ar h has resulted in thirteen reference journal articles and book chapters. twenty-three technic al papers, numerous bulletins and reports , one doctoral thesis (a nother in progress ) and two ma ters thes is. The res ear ch has benefited not only western states fanning communities, but als o biosolid s resear chers , re gulators , generat o rs, appliers and other environmental professionals in the following ways: In 1999 the L/E W\.VTP and CSU recei\,ed the U.S . EPA Outstanding Res ear c h Co ntributing to Beneficial Use o i Wastewater So lids -First Place ational (1999) Co lo rad o State U ni versity has submitted their proposal fo r the cooperati ve research projec t on land appli c at io n of sewage bi o so lids on dryland wheat. The :!00:! study includes studv sites at the Bennett site, th e Ki o wa sit e, and the B ers site, which is on the new fann. The cos t for each stud site is as follows : Bennett $27,679 Kiowa S 6 ,018 B ers $36.417 TOTAL $70,114 FINANCIAL IMPACT The cos t of the project is split 50 /50 with the City of Littleton as a capital expense . LIST OF ATTACHMENTS CS Bi oso lid s Research Project Proposal I • 0 • • I~._, .. • - NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sectjon l. The Colorado State University Biosolids Research Agreement between the Colorado State University and the Littleton/Englewood Wastewater Treatment Plant, attached hereto as "Exhibit A", is hereby accepted and approved by the City Council of the City of Englewood. Sectjon 2. The Director of the Littleton/Englewood Wastewater Treatment Plant is authorized to execute the 2002 Colorado State University Biosolids Research Agreement for and on behalf of the Littleton/Englewood Wastewater Treatment Plant. Sectjon 3. The Director of the Littleton/Englewood Wastewater Treatment Plant shall be authorized to further extend the Intergovernmental Colorado State University Biosolids Research Agreement for the cooperative research project on land application of sewage biosolids on dryland wheat, between the Littleton/Englew oo d Wastewater Treatment Plant and Colorado State University , for five additional one (1) year periods. Introduced, read in full , and passed on first reading on the 61h day of Augus t , 2001. Published as a Bill for an Ordinance on the 10th day of August, 2001. Thomas J. Burns, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of August, 2001. Loucrishia A. Ellis -2- 0 I • 0 - • • -. • .. • - UTTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT _ .. _ .... On,e ......... ~ID110 -.-Ma lll-2IIID August IS, 2001 Dr. Keri Sarbariclt Dcpanment of Agronomy Color.!o SI.de University Fort Collins, Colorado 80523 Rt:· COOPERATNE RESEARCH PROJECT. SLL'DGE APPUCATlO. TO DR'r"LA1'1"D WHf.AT FIELDS t>e.ir Dr. Barbmck.: W c arc pleased to inform you that the 200 proposals for continuing the research projects al Lhe Bc::uietl, Kiowa :md Byers sites were approved at the July 19, 2001 Supervisory Committee mee:ing. Thu leuer serves llli .aulhori:1.alion for lhc 2002 slw.ii~. Aulhon.taticn 1s b,u;.:d ou the foilowiog understanding : I. 2 . 3. 4 . s. ri . Tne upper expenditure limit fer the West and Kurt h Bennet: studies is S2 7.6 79 for fi..ccll year 2002 . The upper expenditure limit for the Kiowa study is S6 ,018 tor tiscal year 2002. The upper expenditure limit for the Byers study a $36,417 for fisul year 2002 . Separate authorization must be obtained for addilion.tl worlc beyond that descriheti in I.he propoSil!s . Progress reporting anrl invoicini will be on a quarterly basis. Project n:1mrts must accompany all invoic:s, also on a quarterly basis. A Snal report will be provided. Invoices ilTe to provide dt:tailt:d b~'"Ound of project costs ilCCOrdini: to categories st:own in the Propoaed Budget Tables ui your proposal. All public:.&tions pertaining to the research work will be submitted :o the cities for review prior IO rclc:.a:ic . All olhcr canditious set forrh in your June 2000 proposal sh..il be incotpur.awd ill this agreement. I! :< .. ' a I T A I • 0 - • • CSU Rl!!learCh Projects Allpsl ls, 2001 Page Two l• • .. • • .. We amicipail: your program will proceed immediately. Please aclmowled,c your acceptance of the teem of I.he qreemcnt by silDllll die bottom portioc or 1llis letter 11111 returning Ille original !D me for the official City r=,rds. Vr:rJ truly yours, Stewart H. Focida Dirc:ct.or ACCEPTANCE OF TERMS OF ACREF.MENT: SRF!ca A=.c:hmenl Title Dat:: .. ..: ~ .. . ' I . 0 • • .. . . . • LAND APPLICATION OF SEW AGE BIOSOLIDS PROPOSAL FOR COOPERATIVE RESEARCH PROJECT BETWEEN COLORADO STATE UNIVERSITY AND LITTLETON/ENGLEWOOD JOINT l COUNCIL • 2002 • • • ) I . 0 ., • • • I • .. ·~ • -' 2 I. Land Application of Sewage Biosolids II. Personnel Project Leaders : Research Associate: III. lotroduction K.A. Barbarick, Professor G.A. Peterson, Professor J. Ippolito We have studied the beneficial use ofLinleton/Englewood (UE) b iosolids since 1982 at West Be!U1e tt, s in ce 1988 at Kiowa, since 1993 at North BeIU1ett , and since 1999 at Byers. We lost one of the West Bennett si tes to development and research at the Kiowa location is le ss critical now that the joint city councils have purchased the B yers property . We will present the proposed research and associated budget separately for all four locations and then p re s ent the total budget for our proposed research . IV. Bennett Study Sites A . West Bennett We es tablished sites A and Bat West Bennett in 1982 and in 1983, respectively. Our cooperating fanner, Jim Hazlett has sold site B for homesite development. We will cont inue using West A since it represents the last of our original, Jong-term sites. S ince we follow a fa] ow s ystem for our dryland wheat study, we would us e this site every other year. We established this site aga in in summer of 2000 and will harvest the wheat in summer 2 001 . This site will remain in fallow from July 2001 until late July or early August 2002 when we will again apply LIE biosolids. B. North Bennett We ini tiated the North Bennett experimental location to replace the Ea st Bennett p lots t hat we lost in 1993 . Our former cooperating farmer at East Bennett, Ke vin He lzer decided to grow irriga.ed crops on our study sites in 1993 . We a lso changed the experimental approach at Nonh Benne tt t o focus on determining the N equ iv alency ofL/E biosolids associated with repeated app li cations in a dryland wheat summer-fallow agroecosystem . We will complete harvest soil, grain, and straw sampling and analyses as we have in the past. C. Objectives for the Bennett study sites (West and North Bennett) The objectives of the Bennett study are: l. To determine the continuing effects, at West Bennett site A, of various • ) I • 0 - • • . (:, .. • - 3 sewage-biosolids rates on dry land wheat including grain yield, protein content, potential income and the N, P, K concentrations after one application ofliquid biosol ids (1982) plus nine additions of dried biosolids ( 1984, 1986, 1988, 1990, 1992, 1994, 1996, 1998, 2000). The next scheduled biosolids application is in 2002. 2. To quantify the N equivalency ofrepeated biosolids application under field conditions compared with commercial N fertilizer at our North Bennett plots. 3. To study the long-term effects ofUE b iosolids on uptake of Cd, Cr, Cu, Ni, Pb, Mo, and Zn by wheat. 4 . To study the long-term effects ofUE biosoli ds on As, Hg, and Se levels in soil and grain in the 0, 2 , and 5 dry tons /acre plots for the North Bennett s ite and on the 0, 3, and 6 dry tons /acre plots for West Bennett site A . Samples will consist of a composite of all repl ications for each rate for grain analyses . This gives three grain samples each for both North and West Bennett. We also wi ll composite separately the 0-20 and 20-60-cm soil samples from the same plots as the grain samples. This will provide us a total of six samples to analyze for each site. 5. To observe long-term changes in the water sorptivity of the soil with continued LIE biosolids additions at North Bennett. 6. To determine the accumulated N03-N levels to a depth of 180 cm (6 fee t) associated with repeated application of various N fertilizer or sewage biosolids at our West Bennett site A and North Bennett plots . D. Bennett study sites budgets (See Table 1 on the oext page) . • I. 0 2X J • • •• Ill~ I ,. ·~ • . • .. 4 Table 1. Proposed budgets for the West and Nonh Bennet sewage b 1osoli ds studies. Budget item Soil and Grain Analyses for As, Hg , and Se ~~~:lf~r2i!.liT· Travel Research Associate1 (-::-.tli~ .. .Jl!;,:...;:=,~~l~~~ i Efihge·Benefits:f~r.~,:, ·-.:.-,·~ ...... ,.~ "" ...... J•-.(-"'·~· .7.~i~-~~g;1}~<~sl-:!~: Overhead! 2001 (current budget) 864 2011 14631 4642 Propos ed 2002 Prop osed 2003 864 t ::·~~9~B;?6Qf 1508 2011 15509 16440 5447 6251 We will shift some hourl y-labor costs to other projects to help acc ommodate the increases in overhead. Assumes 50% of the studen t hourly's effon o n the Bennett and 50% effort on the Byers site . Assumes 5.5 months on the Bennett stud y, 0 .5 months on the K iowa study, and 6 months on the B y ers study. We also assumed a 6% salary increase fo r 2002 and 2003. We assu med that all other costs for 2002 and 20 03 will remain the same as 200 I . Fringe b enefit rates for the R es earch Associate were 18.2% for 2001 and es 1m :1ted to be 19.1 % for 2002 and 19.2% for 2003 . Overhead was 20% in 2001. The Colorado State University Office of Sponsored Programs is requiring us to increase overhead to 24 .5%, the current off.campus overhead charge, in subsequent years. ' .. I • 0 J • • -• • • - 5 V. Kiow3 Study Site A. Iotroductioo We will continue to take water samples from the four wells on a quarterly or annual bas is. Quarterly samples would include analyses for total N, N03-N, NH ,-N , P, K , Ag, Al , As, Cd , Cu , Fe, Pb , Hg , Mo, Ni , Se , and Zn. We also will analyze the annual samples for endrin , lindane , methoxychlo r, toxaphene, 2,4-D , and 2,4,5-T. The objective of this study is continued monitoring of groundwater in four wells for total N, N03-N, NH,-N, P, K , Ag, Al, As , Cd , Cu , Fe, Pb, Hg , Mo, Ni, Se, Zn, endrin, lindane, methoxychlor, toxaphene, 2,4-D, and 2,4,5-T following the discontinuation of biosolids appl ication (last application was in August 1998 ). B. Table 2. Kiow3 study site budgets (See Table 2 below) Proposed budgets for the Kiowa sewage b iosolids study. Budget Item 2 001 Proposed 2002 Proposed 2 003 Research Associate1 -,~,:,;,;;",-,.5iMt).S.J.flk. :R.Si-.£i!&v.e1.4 · -~fili'g~e_ifetit~!2~~effes!?2$<?W!ts'~-~- 133 0 141 0 1495 Travel 400 4 00 400 Total $5672 $6018 $614 One-half month of salary covered in 2001 , 2002, and 2003. An increase of 6% was assumed for Research Asso c iate for 2002 an d 2003 . We assumed that all other costs for 2002 and 2003 will remain the same as 2001. Fringe benefit rates for the Research As soci ate were 18.2% for 2001 and est imated to be 19.1% for 2002 and 19.2 % for 2003 . Overhead was 20% in 200 1. The Colorado State niversity Office of Spon sored Programs is requiring us to increase overhead to 24.5%, the current off-campus overhead charge, in subsequent years. • I • 0 • • • • 1-.,., .. • -' 6 VI. Byers Study Site A. Introduction With the development of the Byers biosolids-application location by LIE, we are developing some practical, never-done-before research. No-till and minimum tillage management is increasing in popularity in eastern Colorado because it improves water conservation and allows more intensive cropping. Biosolids application could enhance the benefits of no-till or minimum tillage by improving soil cover and soil physical characteristics when surface applied . The biosolids could work in concert with crop residues to allow fanners to meet the 30% soil coverage required by the Natural Resource Conservation Service to comply with conservation programs. Biosolids application could initially suppl y soi l cover un til adequate crop residue can accumt,:jte. Contir:ued additions may even provide production and economic advantages. Farmers ma:, eventually use biosolids as an integral part of a conservation program . To date, we have aFµiied biosolids for the second-year rotation t o plots growing wheat, com, and sunflowers. B. Objectives Our objectives at the Byers site are : ' 1. To determine if increasing biosolids applicat ion from once e very two years to tv.;o out of three years or four out of five years is a feasible management alternative. 2 . To determine ifbiosolids application will im prove surface sorptivity (water infiltration) in no-till or minimum tillage s yste ms that include row crops under dryland conditions . 3. 4 . To determine ifbiosolids behave like crop residues in terms of moisture storage and crop production. Available-water storage and crop yields are the properties of greatest interest. T 0 determine the effects o f biosolids application at the agronomic rate compared with commercial N fertilizer in three cropping systems on soi l and grain accumulation of plant nutrients and trace elements limited by the Colorado Department of Public Health and Envi ronment in their biosolids- application regulations . • ..: • . I • 0 32X • • • • 1 •• : .. • - 7 C. Procedures Treatments: I. Three crop rotatious : a. Wheat-fallow (typical rotation) b. Wheat-com-fallow c. Wheat-wheat-corn-sunflowers-fallow (based on managing Farmer's interest) 2 . Two biosolids/fertilizer treatments: a. Biosolids application to supply N recommended for the measured soil N03-N (e.g ., the agronomic rate). b. Commercial N fertilizer at the agronomic rate . D. Experimental design We will use two blocks (replications) of each treatment arranged in a split-plot design . The main plots will consist of the cropping rotations while we will split each main plot to accommodate biosolids application on half the plot and commercial fertilizer addition on the other half. All phases of each rotation will be present each year to allow assessment of all soil and crop responses each year. This would require a total of 20 main plots and 40 split plots (2 replications, 10 cropping rotations, 2 biosolids/fertilizer treatment splits). Each main plot will be 0 .8 k.rn (0 .5 miles) long by 30 m (I 00 feet) w ide . Each biosolids/fertilizer split would, therefore, be 15 m (50 feet) w ide . [. Measurements We w ill c omplete the following measurements or analyses. I. 2. 3 . 4. 5 . Annual grain and biomass yieids . Soil water content to 180 cm (6 feet ) for each crop each year. Water sorptivity. Complete records on farmer inputs . Pl ant-available Concentrations ofN03 -N, P , K, Fe, :tvln, Cu, Zn, N a, Cd, Cr, Pb, Mo, and Ni in soil before each crop planting • ~ • I • 0 I - • • .. .. -. ~ ' • --.. 8 (detennined in 0-5, 5-10, 10-20, and 20-30 cm samples from each replicated plot). 6 . We will composite 0-5-cm soil samples for As, Hg, and Se analyses for each replication before each crop planting . This will give us 14 soil samples to analyze for As, Hg, and Se each year . 7 . Deep soil sampling before each crop planting by hydraulic probe forN0 3 -N (determined 0-30, 30-60, 60-90, 90-120, 120-150, 150- 180 cm samples, if possible, from each replicated plot). 8. Concentrations of P, K, Fe , Mn, Cu, Zn, Na, Cd, Cr, Pb, Mo, and Ni in grain sampled from each replicated plot. 9 . For annual As, Hg, and Se grain analyses, we w ill composite grain samples for each bio:.olids or N fertilizer repl ication for each type of crop . This scheme will provide us with eight wheat, four com, and two sunflower samples for As, Hg, and Se analyses each year. F. Byers study site budgets ~ .. ~ ' ~ 1 . ' ) I. 0 - • • • • .. • -' 9 Table 3. Proposed budgets for the Byers sewage biosolids study. Weather Station Maintenance 500 500 500 7166 74 67 .,.41 We will shift some hourly-labor costs tc other projects to help accommodate the increases in overhead. Assumes 50% of effort on the Bennett and 50% effort on the Byers site. Six months of salary covered in 2001, 2002, and 2003. An increase of6% was as su med for the Research Associate for 2002 and 2003 . We assumed that all other costs for 2002 and 2003 remained the same as 200 I . Fringe benefit rates for the Research Associate were 18 .2% for 2001 and estimated to be 19 .1% for 2002 and 19 .2% for 2003 . Overhead was 20% in 2001 . The Colorado State University Office of Sponsored Programs is requiring us to increase overhead to 24 .5%, the current off-campus overhead charge, in subsequent years . • ,. ) I • 0 • • • .. • • 10 V II. Total Bud gets We have tabulated the total budgets by location (Table 4) and by budget category (T able 5) for 2001 through 2 003 . Tab le 4. Total budgets by locatio n for 200 1-2003 . L ocation P ro p osed 2002 Total Table . Total budgets by budget categories fo r 2 00 1-2003 . Item Perso nne l R esearch Associate Fringe benefits Hourly student ••-<i>f•--,-4-~--~·:cr.:·:..~-J-f~~s tlp°fc;f s~p:t'weiihgrftiiii on~i'ntenan e ~-1:Ci:.""?. \?;a&,,J:_..,..1,._~ .. !'.lJ. '-=-"~~!-_:,...iMiouiilllrli Travel 200 1 (current) 31922 581 0 1200 641 I P ro posed 2002 33 38 6463 12 00 5908 Proposed 2 003 35 69 6 86 12 00 64 I Overhead was 2 0% in 200 l . The Colorado State Unive rsi ty Office of Spo n sor ed Programs is requ iring us to increase overhead to 24.5%, the c urrent off-campus overhead charge, in s ubsequent years . .. I • 0 • • l v ORDINANCE NO._ SERIES OF 2001 ... ., • .. • . - BY AUTHORITY .. COUNCIL BILL NO. 33 INTROD UC ED BY COUNCIL MEMBER GARRETI AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARAPAHOE COUNTY BOARD OF COl\1MISSIONERS BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 6, 2001. WHEREAS , pursuant to the Uniform Election Code of 1992. governmental e ntities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses: and WHEREAS. the City of Englewocd has participated with Arapahoe Co unty in conducting coordinated elections si nce 1993; and WHEREAS, Arapahoe Co unty and the City of Engle wood ha ve determine d t h at it is in the best interest of the taxpayers and the electors to conduct a coo rdinated e lection for the November 6 , 2001 election; and WHEREAS , the Colorado Constitution Article X, Section 20 . r eq uires the production of a mailed notice ("TABOR" Notice) co ncerning certain ballot issues that will be submitted to the electors of Arapahoe Co unty and the City of Englewood ; and WHEREAS . the TABOR notices of several jurisdictions are to be se nt as a package where jurisdictions overlap ; a nd WHEREAS, there s hould be co unty-wide coordination of the production a nd mailing of the TABOR notice package to effectuate the purposes of said constitutional section ; and WHEREAS , Arapahoe Co unty a nd the City of Englewood desire to set forth their respective responsibilities for the coordinated election and if necessary for the production and mailing of the TABOR notice package pursuant to the Intergovernmental Agreement; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sectjon J: The Intergovernmental Agreement For Coordinated Election {Election and TABOR Notice) is attached hereto as "Exhibit l." The Intergovernmental Agreement For Coordinated Election (Election and TABOR Notice) is hereby accepted and approved by the Englewood City Council and the Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood . -I - • . 10bi ) I • 0 • • • I • ... '. • < • • • ' INTERGOVERNMENTAL AGREEMENT FOR COORDINATED ELECTION ARAPAHOE COUNTY NOVEMBER 6, 2001 (Election and TABOR Notice) . . This Intergovernmental Agreement is entered into by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado and the Arapahoe County Clerk and Recorder (hereinafter jointly referred to as the "County"), and the Cicv of En2lewoo d WHEREAS , pursuant to the Uniform Election Code of 1992, (Articles 1 to 13 of Title 1, C.R.S .) as amended , governmental entities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses; and WHEREAS, the County and the Cicv of En e:l ewoo d have determined that it is in the best interest of the taxpayers and the electors to conduct a Coordinated Election on November 6 , 2001 ; and WHEREAS, the Mail Ballot Election Act (Article 7.5 of Title 1 , C.R.S .) permits the use of mail ballots for certain elections; and WHEREAS, Colorado Constitution Article X, Section 20, (the Taxpayer's Bill of Rights amendment or "TABOR amendment") requires the production of a mailed notice ("TABOR" Notice) concerning certain ballot issues that will be submitted to the electors oftheCountyandthe Ci,;:• of En glewood ; and WHEREAS , the TABOR notices of several jurisdictions are to be sent as a package where jurisdictions overlap ; and WHEREAS , there should be county-wide coordination of the production and mailing of the TABOR notice package to effectuate the purposes of said constitutional section; and • E X h i b i t 1 • ) . ' I . C, I • • -• 1· ORDINANCE NO._ SERIES OF 2001 •,. • ,. • - BY AUTHORITY .. COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL MEMBER GARRETI AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 6 , 2001. WHEREAS , pursuant to the Uniform Election Code of 1992 , governmental e ntities are encouraged to cooperate and consolidate elections in order to reduce taxpaye r expenses; and WHEREAS, the City of Englewood has participated with Arapahoe County m conductmg coordinated elections since 1993: and WHEREAS . Arapahoe County and the City of Englewood have determined that tt 1s in the best interest of the taxpayers and the electors to conduct a coordinated e lection for the November 6, 2001 election; and WHEREAS, the Colorado Constitution Article X. Section 20 , requires the production of a mailed notice ("TABOR" Notice) concerning certain ballot issues that will be submitted to the electors of Arapahoe County and the City of Engle wood : and WHEREAS, the TABOR notices of several jurisdictions are to be sent as a package where jurisdictions overlap ; and WHEREAS, there should be county-wide coordinat10n of the produc tion a nd m :uling of the TABOR notice package to effectuate the purposes of said co nst1tut1onal section: and WHEREAS, Arapahoe County and the City of Englewood desire to set forth their respective responsibilities for the coordinated election and if necessary for the production and mailing of the TABOR notice package pursuant to the Intergovernmental Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Sectjon J: The Intergovernmental Agreement For Coordinated Election (Election and TABOR Notice) is attached hereto as "Exhibit L " The Intergovernmental Agreement For Coordinated Election (Election and TABOR Notice) is hereby accepted and approved by the Englewood City Council and the Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood. -I - • • 10 bi ) I • 0 - • • .. • -.. Introduced, read in full , and passed on first reading on the 16th day of July , 2001. Published as a Bill for an Ordinance on the 20th day of July, 2001. Read by title and passed on final reading on the 6th day of August, 2001. Published by title as Ordinance No ._, Series of 2001 , on the 10th day of August, 2001. ATTEST: Thomas J . Burns, Mayo r Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado. hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No ._, Series of 2001. Loucrishia A. Ellis -2- .. . ., .. ) I • 0 X -- • • • • l · ...... • • INTERGOVERNMENTAL AGREEMENT FOR COORDINATED ELECTION ARAPAHOE COUNTY NOVEMBER 6, 2001 (Election and TABOR Notice) .. This Intergovernmental Agreement is entered into by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado and the Arapahoe County Clerk and Recorder (hereinafter jointly referred to as the "County"}, and the Cicv o f Englewood WHEREAS , pursuant to the Uniform Election Code of 1992, (Articles 1 to 13 of Title 1, C.R.S .) as amended, governmental entities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses ; and WHEREAS, the County and the Cic·· o: Enclewood have determined that it is in the best interest of the taxpayers and the electors to conduct a Coordinated Election on November 6 , 2001; and WHEREAS , the Mail Ballot Election Act (Article 7.5 of Title 1, C.R.S.) permits the use of mail ballots for certain elections; and WHEREAS, Colorado Constitution Article X, Section 20, (the Taxpayer's Bill of Rights amendment or "TABOR amendment") requires the production of a mailed notice ("TABOR" Notice) concerning certain ballot issues that will be submitted to the electors oftheCountyandthe Ci :::, o f En glewood ;and WHEREAS, the TABOR notices of several jurisdictions are to be sent as a package where jurisdictions overlap; and WHEREAS, there should be county-wide coordination of the production and mailing of the TABOR notice package to effectuate the purposes of said constitutional section; and E X h i b i t 1 • I ) ,. I· 0 • • , ... , .. .. • • WHEREAS, the County and the ----'C""'i:.:ca..v--=-o=-f -'E::.:n_11::.:l:.aea::'·'""o.:::.o :::.d _____ desire to set forth their respective responsibilities for the Coordinated Election and for the production and mailing of the TABOR notice package pursuant to this Intergovernmental Agreement. AGREED _C_i _c._y _o_f___;E;...n_,.g'-1-"e_w.;..oo'-a'-· -------as follows: NOW, THEREFORE, IT IS by the County and the 1. The November 6, 2001 election shall be conducted as a coordinated mail ballot election in accordance with the Uniform Election Code of 1992 (Articles 1-13 of Title 1, C.R.S.) and the TABOR amendment. All election participants shall be required to execute agreements with Arapahoe County for this purpose and may include municipalities, school districts and special districts within the Arapahoe County limits and the State of Colorado. 2. The November 6, 2001 election shall be conducted as a mail ballot election by the County with the use of ballots and electronic vote-counting equipment. 3. The Arapahoe County Clerk and Recorder is designated as the Coordinated Election Official and the Ci cv of Engl ewcod hereby identifies che Cicv Cl erk as it's Designated Election Official. 4. The County shall perform the following tasks in relation to said election, to wit: a. Negotiate an agreement with Sequoia Pacific Systems Corporation for the printing of the official ballots. b. Provide a copy of the ballot layout and the text of the official ballot to the designated election official for proofreading before authorization to begin printing of all ballots. c. Certify the complete number of registered electors within the Arapahoe County d. portion of the Ci :v o : E:i.gle•.veod no later than October 15 , 2001 . Provide support on the date of the election by telephone and in person , should the need arise, until counting of the ballots is completed . e . Provide unofficial results of the election on election night by telephone or by facsimile transmittal upon request. 2 • J ) I • 0 -- • • l v -• • . "'•· • - f. Maintain a list of actual voters from the November 6, 2001 election, and upon request, generate a printed list of the persons who voted following the election . The cost will be S.005 (1/2 cent) per name. g. Determine the "least cost" method for mailing the TABOR notice package . h. Nothing herein shall preclude the County from sending the TABOR notice or notice package to persons other than electors of the City of Engl ewood if such transmittal arises from the County's efforts to mail the TABOR notice package at the "least cost". Include the ____ C_i_c_v_o_f _En_g_l_e_w_o_o_c ____ ballot text, and provide a proof as written and in the order submitted, in accordance with the TABOR Amendment requirements for the TABOR notice. Coordinate and mail the TABOR notice package in the time frame as required by law. i. Store all voted ballots for a minimum of 6 months, and all other materials required by law (Section 1-7-802, C.R.S.) to be saved , in such a manner that they may be accessed by the participating jurisdiction, if necessary, to resolve any challenge or other legal questions that might arise regarding the election. j. Keep a careful and accurate accounting of time, supplies, printing costs and salaries attributable to the County's administration of the election for the jurisdiction. The participating jurisdiction's proportional share of actual costs shall be based on County expenditures relative to the November 6, 2001 election, including a prorated share of TABOR notice. k. Appoint, compensate, instruct and oversee the board of canvassers . I. Appoint, compensate, instruct and oversee the judges of the election. m. No later than 20 days prior to election, provide the participating jurisdiction no less than 10 sets of each "test deck" of the jurisdiction 's ballot style(s) to allow for testing of electronic vote-counting equipment. n. o. Enforce Fair Campaign Practice Act (Article 45 of Title 1 , C.R.S.)as it relates to the November 6, 2001 election. Provide and operate the County's electronic vote-counting equipment. There will be no charge for the pre-election preventative maintenance on the electronic vote-counting equipment for this election cycle. 3 .. I • 0 ]- • • v -. • • -.. 5. The ----'C""i""t .... v_o _f ....;a,En ... g.._l_e_w_o_o_d ____________ shall perform the following tasks in relation to said election, to wit: a. Certify the list of candidates , ballot issues and/or ballot questions of each ballot issue or question on a diskette in Microsoft Word 97 format along with a paper copy of the ballot content no later than 4:00pm on September 12 , 2001. The ballot content must be certified in the order in which it will appear on the ballot. The certified list of candidates, ballot issues and/or ballot questions shall be final and the County will not be respons i ble for making any changes after the certification. b. Within one day of receipt, proofread the layout and the text of the jurisdiction 's portion of the official ballots before authorizing the printing of all ballots. C. The Ci c v of En3le wood is to publish all required legal notices for the jurisdiction's ballot questions and candidates, including the noti ce that is required by Section 1-7.5-107(2.S)(a) C.R.S . that is published no later than 20 days prior to the election , which covers all pertinent information required by statute. A copy of such published legal notice shall be submitted to the County for its records. d . Prepare, hand-count and deliver to the County Clerk, the required test deck of ballots for testing the electronic vote counting equipment, no later than October 24, 2001 . e. Remit payment directly to Arapahoe County within 60 days of billing for its prorated share of all costs relating to the printing and mailing of ballots and all other election expenses described in Section 4. The current estimated cost to print each ballot is approximately $1.10, to be shared by all participating jurisdictions. f. g. h . i. Comply with the provisions of the Uniform Election Code of 1992 (Articles 1-13 of Title 1, C .R.S .), and the time guidelines schedule as attached hereto as these relate to the November 6, 2001 election . The Cicv of En" le•.mod shall notify the County of any exception no later than 29 days prior to the election. Receiving of petition representative's summary of comments is the responsibility of che Cicv of Englewo od The process of receiving written comments and summarizing such comments , as requ i red by Section 20 of Article 10 of the Colorado Constitution. is the sole responsibility of che Ci cv of EMlewood Certifying a final and exact text and summary of comments concerning its ballot issues to the County, on computer diskette formatted in WORD and with a paper 4 • I • 0 J- • • • • ' . ·,•' .. • - document, no later than 4:00 pm on September 25 , 2001 for inclusion in the ballot issue mailing as required by section 20 of Article X of the Colorado constitution . The certified text and summary of comments shall be final and the County will not be responsible for making any changes after the certification. j. Remit payment to the County within 60 days of billing for the prorated cost of the preparation and mailing of the TABOR notice package . k. The c itv o f Eng l e...,ood shall defend and resolve at its sole expense all challenges relative to the candidates, ballot issues and/or ballot questions as certified to the County for inclusion in the November 6, 2001 Coordinated Election. I. Submit to the County a copy of the participating jurisdiction's map with the list of county precincts, which corresponds to the County's precinct map, no later than July 27, 2001. m. Order and deliver a certified copy of the property owner's list for the Citv of En11:le•.,ood , (if deemed applicable). n. Deliver all requests for absentee ballots to the County for processing. Such requests shall be delivered or faxed daily to the Arapahoe County Clerk and Recorder. 6. The C icv o f En11:l ewood avers that it has sufficient funds available in its approved budget to pay its prorated election expenses for the November 6, 2001 election. 7. Unless otherwise agreed in writing, this Intergovernmental Agreement and the interpretation thereof shall be governed by the laws of the State of Colorado. 8. Should any provision of this Intergovernmental Agreement be determined by a court of competent jurisdiction to be unconstitutional or otherwise null and void, it is the intent of the parties hereto that the remaining provisions of this Intergovernmental Agreement shall be of full force and effect. 9. Notices to be provided under this Intergovernmental Agreement shall be given in writing either by hand delivery or deposited in the United States mail, certified mail, return receipt requested , with sufficient postage, to the following persons : s • ' '' I· 0 2 -• • -.. Tracy K. Baker Arapahoe County Clerk and Recorder 5334 South Prince Street Littleton, Colorado 80166-0211 .. 1 O. This Intergovernmental Agreement may not be modified, amended or otherwise altered unless mutually agreed upon in writing by the parties hereto. 11 . Attachments: The attachments on the following page(s) are a part of this agreement. DATE: ____ _ ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS Marie Mackenzie, Chairman /. ,EST: ARAPAHOE COUNTY CLERK AND RECORDER Tracy K. Baker, Coordinated Election Official DATE: ____ _ JURISDICTION NAME : Citv of Eng -ewoo d By: _______________ _ e Thomas J . Bur~s Title: MAY OR • 6 • ' . • I • ) I· 0 3 I -• .. • -.. ADDENDUM A INTERGOVERNMENTAL AGREEMENT FOR COORDINATED, MAIL BALLOT ELECTION ARAPAHOE COUNTY November 6, 2001 (School Districts only) The County shall perform the following tasks in addition to and in relation to said election: All aspects of the petition process, distribution to and collection from candidates, and the verification of signatures. 1. Provide candidate packets which include: Candidate information (guidelines) Petitions Fair Campaign Practices Act forms 2. Verify candidate petitions, issue the letter of sufficiency to candidates and to the designated election official of the school district. 3 . Work in conjunction with the school districts on all protests of sufficiency or insufficiency. 7 . ' ,. ,,; ' ~ • ' . ' . , I· • ? • • -• ORDINANCE NO._ SERIES OF 2001 ....... .. • • - BY AUTHORITY CO NC JL BI L L NO . 38 l~TRODUCED BY CO "NC IL MEMBER GARRETT AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY m· ENGLEWOOD AT THE NEXT SCHEDULED MUN1C IPAL ELECTION A BALLOT ISSUE AUTHORIZING THE ISS UANCE OF GENERAL OBLIGATION BONDS AND THE LEVY OF PROPERTY TAXES TO PAY SUC H BONDS ; SETTING THE TITLE AND CONTENT OF THE BALLOT FOR TH E ELECTION; AND PROVIDI NG OTHER MATTERS RELATI NG THERETO. WHEREAS , pursuant to Section 104 of the City Charter, the City Co uncil of the City of Englewood has the power to issue ge ner a l obli ga tion bo nds of the City fo r any public capital purpose upon the affirma ti ve vote of a maj ority of the r egi ster ed e lector s of the City voting thereon; and WHEREAS, the Englewood City Council had determined to s ubm it a ba ll ot iss ue at an election of the City, to be held as a coo rdinated ele cti on on Novembe r 6, 2001 , a n d to se t the title and content of the ba llot for t he ba ll ot issue to be s ubmitted at the election ; NOW . THEREFORE . BE IT ORDAINED BY THE CITY COUNC IL OF THE CI TY OF ENGLEWOOD, COLORADO . THAT: Section 1 There is hereby s ubmitted to the regis t er ed electo r s of the City of Englewood at the next scheduled municipa l election on Novemb er 6 , 2001 a ballot issue authorizing the issuance of general oblig a tion bond s fo r the purpose of ex panding and improving the Mall ey Senior Center, expanding a nd improvi ng the Engl ewoo d Recreation Center and co nstructing the Bell evie w Park Fa mily Aquatic Ce nte r , and authorizing the levy of property taxes t o pay s uch bond s , which question s hall be in substantially the following form : Que stion ~o Sha ll the City of Engl ewoo d debt be in cr eased up to s 12 .soo.ooo. With a maximum repay ment cost of up to $25,700 ,000 , a nd sha ll Ci ty t axes be increased up to $1,300 ,000 , a nnua ll y fo r the purpose of: • Exp a nding a nd 1.mprovmg the Ma ll ey Se nior Ce nter , • Expanding a nd improving the Englewoo d Rec re a ti on Ce nter , • Constructing the Bellevie w Pa rk Family Aquatic Center, And to the extent moneys are available acquiring. e quipp i ng a nd co ns tructin g r ec reation improveme nts within the City, by the issuance a nd p ay ment of general obliga tion bond s, which s ha ll mature, be s ubjec t to r ede mption , with or without premium , a nd be issued. dated and sold at such time or time , at s uch prices (at, above or below pa r ) and is s uch ma nner an co ntaining s uch t e rm s. not inconsiste nt h er ewith . as the City Council may dete rmine ; sh a ll a d va lor em property taxes be levi ed in a ny year , without limitation as t o r a te or a mount or -I - 10 b ii ) I • 0 ] • • - • .. • -' any other condition, to pay the principal of, premium, if any, and interest on s uch bonds; and shall the earnings on the investment of the reve nues from such taxe and of the proceeds of s uch bonds (r egardless of amount) constitute a voter- approved revenue change? Yes No Sectjon 2. Each elector voting at said election and desirous of voting s hall indicate his/her choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used. Sectjon 3 The proper officials of the City of Englewood shall give notice of said next scheduled municipal election, such notice s hall be publis hed in the manner and for the length of time required by law , and the ballots cast at such election shall be canv assed and the result ascertained, determined , and certified as required by law . The City Clerk and other City officials and employees are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance . Sectjon 4. If a majority of the votes cast on the ballot issue s ubmitted at the election shall be in favor of such question, the City acting through the City Council shall be authorized to proceed with the necessary action to issue bonds and levy t a xes in accordance with such question. Any authority to issue bonds or to levy taxes . if conferred by the results of the election, shall be deemed and considered a continuing a uthority to issue the bonds and levy the taxes so authorized at any one time . ore fr om time to time, and neither the partial exercise of the authority so conferred. nor any lapse of time, shall be considered as exhausting or limiting the full authority so conferred. Ses;tjon 5 For purposes of Section 1-11-203 .5 , C.R.S., this Ordinance shall sen·e t o set the title and content of the ballot issue set forth herein and the ballot title for such question shall be the text of the question itself. Any petition to contest the form or content of the ballot title may be filed with the District Court and a copy served on the City Clerk within five days after the title of the ballot question is set by the City Council on final reading of this Ordinance. Sectjon 6. If any section, paragraph, clause, or other portion of this Ordinance is for any reason held to be invalid or unenforceable , the invalidity or unenforceability s hall not affect any of the remaining portions of this Ordinance. Introduced, read in full, and passed on first reading on the 16th day of July, 2001. Published as a Bill for an Ordinance on the 20th day of July, 2001. Read by title and passed on final reading on the 6th day of August, 2001. -2- I • 0 I - • • • • -... Published by title as Ordinance No._, Series of 2001 , on the 10th day of August, 2001. Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No .~ Series of 2001. Loucrishia A . Ellis -3- ' • I I • 0 I • • • • J, --,"~ .. • -' BY AUTHORITY &DINANCE NO._ SERIES OF 2001 CO UNCIL BILL NO . 39 INTROD UC ED BY CO UNCIL MEMBER GARRETT AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELE CTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE X. PART III , SECTIO N 10 4. OF THE ENGLEWOOD HOME RULE CHARTER . WHEREAS , the City Council of the City of Englewood desires to change the Ge n e ra l Obligation Bonds section from assessed valuation to a ctual valuation: a nd WHEREAS , currently the City Charter limits the total outstanding general obligation indebtedness of the City not to exceed at any time three percent of a ssessed valuation ; and WHEREAS , this limit can impede the City's a bility to iss ue bonded debt for ne ed ed improvements; and WHEREAS , the question submitted to voters changes the limit from three percent of assessed value to three percent of actual value : and WHEREAS, this raises the ceiling approximately S L'{ tim es; and WHEREAS, if this were is place at December 31 , 2000, the maximum general obligation debt permitted would have been $60.807 ,178 . compared to the $10,284 ,780 limit in place ; and WHEREAS , it is important to note that the ultimate a uthorit y to issue a n y genera l obligation debt will continue to rest with the citizens of Englewood regardless of the debt limit; and WHEREAS. this requirement to vote on the issuance of general obliga tion debt is defined in both the City Charter and State Constitution: and WHEREAS, the Englewood City Council finds that such modification of the Englewood Home Rule Charter would serve the public welfare ; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COU NCIL OF THE CITY OF ENGLEWOOD, COLORADO . THAT : -I - ..: ' ~ . • ! 10 b iii ) I • 0 • • • )·~ .. .. . . . . • -' Sectjon ) There is hereby s ubmitted to the registered e le ctors of the City of Englewood at the next scheduled municipal election on November 6 , 2001 a proposed amendment to the Charter of the City of Englewoo d . as fo llows : Ouestjon No ARTICLE X FINANCE ADMINISTRATIO N PART III. BONDED INDEBTEDNESS 104: General obligation bonds. Indebtedness and obligations of the City s hall be incurred a nd limited as provided in Article XI of the Constitution of the State of Colorado applicable to towns and cities except as otherwise provided in this Charter. Co uncil shall have power to issue general obligation bonds of the City for any public capital purpose. up on majority vote of the registered electors of the City voting thereon at a special e lection : provided, however. that water extension a nd water improvement bond s may be issued without an election upon determination to that e ffec t by Co uncil. The total outstanding general obligation indebtedness of the City, other t ha n for wate r bon d shall not at any time exceed three percent (3%) of the sssessetl actual val ua ti on of the taxable property within the City as shown by the last preceding assessment fo r tax purposes. Water bonds shall mature and be payable as provided by the ordinance authorizing the issuance of said bonds. Yes No Sectjon 2. Each elector voting at said elect10 n a nd desirous of vo ting hall md ica t e his/her choice by depressing the appropriate counter of the vot,ng mac h,ne or by the appropriate marking upon paper ballots where use d. Sectjon 3 The proper officials of the City of Englewood s hall give notice of said next scheduled municipal election, such notice shall be published in the manner and for the length oftime required by law , and the ballots cast at s uch e le ction shall be ca nvassed a nd the result ascertained, determined , and certified a s r eq uired by law . Sectjon 4. Only if the question is a pproved by the regi stered electors of the City of Englewood s hall the Section be a mended a nd the Ch arter, as a mend ed . ce rtified to the Secretary of State. Sectjon 5 For purposes of Section 1-11 -2 0 3.5, C.R.S., this Ordinance s h a ll serve to set the title and content of the ballot issue set forth herein a nd the ba ll ot title for s uch question shall be the text of the question itself. Any petition to co ntest the form or content of the ballot title may be filed with the Di strict Court and a copy served on the City Clerk within five days after the title of the ballot question is set by t he City Council on final reading of this Ordinance. -2- • ,• . • ) I • C, 3 x I -• .. • - Sectjon 6 . If any section, paragraph, clause, or other portion of this Ordinance is fo r any reason held to be invalid or unenforceable , the invalidity or unenforceability sha ll not affect any of the remaining portions of this Ordinance. Introduced, read in full, and passed on first reading on the 16th day of July, 2001. Published as a Bill for an Ordinance on the 20th day of July, 2001. Read by title and passed on final reading on the 6th day of August, 200 l. Published by title as Ordinance No ._, Series of 2001 , on the 10th day of August, 2001. Thomas J . Bums, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No ._, Series of 2001. Loucrishia A. Ellis -3- .., • I I • 0 3_X - • • .. • -.. BY AUTHORITY ., __ OF 2001 COUNCIL BILL NO . 40 INTRODUCED BY CO UNC IL MEMBER GARRETT AH OBDINANCB SUBMlfflNG TO A VOTE OF THE REGISTERED ELECTORS OF THE Cl'l'Y OP ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE VI , SECTION 46, OF THE ENGLEWOOD HOME RULE CHARTER. WHEREAS, the City Council of the City of Englewood desires to amend the Submissions Section of the Englewood Home Rule Charter; and WHEREAS, the Englewood City Clerk's Office and the Englewood Election Commission seek Council approval of a bill for an ordinance submitting to a vote of the registered electors of the City of Englewood , at the next scheduled General Municipal Election, November 6 , 2001 , proposed amendments to the recall, vacancy, initiative and referendum sections of the Home Rule Charter of the City of Englewood; and WHEREAS, the amendments would permit submission of questions to the voters at general state elections, which are currently restricted by Charter; and WHEREAS, these Charter restrictions, regarding participation in general state elections, were established prior to the advent of coordinated elections; and WHEREAS, the Englewood City Council finds that such modification of the Englewood Home Rule Charter would serve the public welfare ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: Section 1 There is hereby submitted to the registered electors of the City of Englewood at the next scheduled municipal election on November 6, 2001 a proposed amendment to the Charter of the City of Englewood, as follows : -I - ... 10biv I • 0 ] • • • 46: Submissions. • • -... Question No ARTICLE VI INITIATIVE AND REFEREND M .. If the petition accompanying the proposed ordinance is signed by r egis t e r ed electors equal in number to ten percent {10%) of the preceding gubernatorial vote m the Qity, with a request for a special election, the Co unci l s hall either pa ss said ordinance without alterations within thirty days after the petition is filed . s ubi ect to the referendum , or call a special municipal election, unless a general municipal election, M' special municipal election or general state election is to occur within ninety days thereafter. At such speeial er general municipal election, s pecial municipal election or general state ejection the Council shall submit said ordinance to a vote of the electors of the City . If the petition is signed by regi ster ed electors equal in number to at least five percent (5%) of the preceding gubernatorial vote m the Qity , and is filed with the City Clerk at least ninety (90) days before-,-. il ~ municipal or general state election , the Council s hall pass said propo sed ordinance without alterations within thirty (30) days , or s h a ll s ubmit same t o a ,·a t e of the electors at the next general municipal election or general state election. If the petition is not filed with the City Clerk at least ninety (90) days before the ne xt general municipal election or~ state election, it shall be null and v01d . An initiated ordinance shall be published in the same manner as othe r ordinances. The ballot upon which such proposed ordinance is submitted shall comply with the requirements set forth in Section 14 of this Charter. If a majority of the electors votmg thereon s hall vote in favor thereof. the same s hall there up on . without further publication. become an ordinance of the City immediately. An y number of proposed ordinances may be submitted at the s ame ele ction . Th e numb r of special elections shall be limited as provided in Section 14 of this Charter . Yes No Section 2. Each elector voting at said electio n a nd de s irous of votmg shall indica t e his/her choice by depressing the appropriate co unter of the voting mac hine or by the appropriate marking upon paper ballots where used . Section 3 The proper officials of the City of Englewood s ha ll give noti ce of said next scheduled municipal election, such notice s hall be publis hed m the ma nner a nd for the length oftime required by law , and the ballots cast a t s uch e lection s hall be canvassed and the result ascertained. determined , and certified as required by law. Section 4. Only if the question is approved by the registered elector s of the City of Englewood s hall the Section be a mended and the Charter , as amended, ce rtified to t.h e Secretary of State. -2 - • ' ) I • 0 - • • • • ... • -.. ., Section 5. For purposes of Section 1-11-203.5 , C.R.S ., tlus Ordinance s hall se r ve t o set the title and content of the ballot issue set forth herein a nd the ballot title fo r su ch question shall be the text of the question itself. Any petition to contest the form or content of the ballot title may be filed with the District Court and a cop y se rve d on the City Clerk within five days after the title of the ballot question is set by the Cit y Council on final reading of this Ordinance . Section 6. If any section, paragraph. clause, or other portion of this Ordina n ce is fo r any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portions of this Ordinance. Introduced, read in full , and passed on first reading on the 16th day of July , 2001. Published as a Bill for an Ordinance on the 20th day of July, 2001. Read by title and passed on final reading on the 6th day of August, 2001. Published by title as Ordinance No .~ Series of 2001 , on the 10th day of August, 2001. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I. Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby ce rtify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No ._, Series of 2001. Loucrishia A. Ellis -3- '' ) I • 0 - • • • .. • - BY AUTHORITY clu>INANCB NO._ SERIES OF 2001 COUNCIL BILL NO . 41 INTRODUCED BY COUNCIL MEMBER GARRETI' AN OIIDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE VI , SECTION 47, OF THE ENGLEWOOD HOME RULE CHARTER. WHEREAS, the City Council of the City of Englewood desires to amend the Referendum Section; and WHEREAS. the Englewood City Clerk's Office and the Englewood Election Commission seek Council approval of a bill for an ordinance submitting to a vote of the registered electors of the City of Englewood , at the next scheduled General Municipal Election, November 6, 2001, proposed amendments to the recall , vacancy, initiative and referendum sections of the Home Rule Charter of the City of Englewood ; and WHEREAS, the amendments would permit submission of questions to the voters at general state elections, which are currently restricted by Charter; and WHEREAS, these Charter restrictions, regarding participation in general s tate elections, were established prior to the advent of coordinated elections; and WHEREAS, the Englewood City Council finds that such modification of the Englewood Home Rule Charter would serve the public welfare ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: $ectjon 1 There is hereby submitted to the registered electors of the City of Englewood at the next scheduled municipal election on November 6 , 2001 a propose d amendment to the Charter of the City of Englewood, as follows : . I . ., . ~ . ' . 10 bv I • 0 2X • • • 47: Referendum. • I• ... ' • -' Questjon No ARTICLE VI INITV\TIVE AND REFEREND .1 .. The referendum shall apply to all ordinances passed by Council , e xcept ordinances making the tax levy , the annual appropriation ordi n a nce , or the orde ring of improvements initiated by petition and to be paid for in whole or part by s p ecial assessments . If at any time within thirty (30) days after the fin a l passage o f a n ordinance to which the referendum is applicable a p e tition sign e d by re g1ate r ed e lec t or s e qua l in number to at leas t ten perce nt (10%) of the preceding gubernatorial vote in the City, is presented to the Council prot esting a ny ordinance going into effect, it s hall reconsider such ordinance. lfthe ordinance is not e ntire ly r epealed, Co unci l s h a ll submit it to a vote of the electors of the City a s provided in the Initiative a nd Section 14 of this Charter, at the next general municipal e lection,~ s pec ial m unici pal election or general state e!ectjon . Such ordinance s hall then go into e ffect witho ut further publication if a majority o f the e lector s voting thereon vo t e in favo r of it. The Council, on its own motion , s hall h ave the power to s ubmit any p r oposed ordina nce to a vote of the elector s at a general munjcjpa! e!ectjon M' s pecia l municipal e lec n on or general state electilm as provided and limited in this C h a rte r . No provision of t lua Charter s hall be construed a s limiting the right of Co uncil t o r efe r to a n y ordin a n ce subject to referendum. If provisions of two or more proposed ordinances a d opted or approved at the same election conflict, the ordinance receiving the highest affi rm a t ive vote shall become effective . ___ Yes No Section 2. Each elector voting at s aid e lection a nd desirous of voting s hall indicate his/her choice by depressing the appropriate co unte r of the voting machine or b y the appropriate marking upon paper ballots where u sed . Sectjon 3 The prope r officials of the City of Englewood s hall give n otice of said n ext sch e duled municipa l e lec tion, s uch notice s hall be publis h e d in the manne r a nd for the le ngth of time r e quire d by law, and the ballots cast a t s u ch e lection s hall be ca n vassed and the r esult ascertaine d , determined , and ce rtified as r e quired by la w . Sectjon 4. Only if t he ques tion is approved by the r egi stered e lect or s of the City of Engle wood s hall the Section be amended and t h e Charte r , as a m e nde d , ce rtifie d to the Secretary of State. -2- • ) I • 0 - • • .. • -.. Section 5. For purposes of Section 1-11-203 .5, C.R.S ., this Ordinance s h a ll serv e to set the title and content of the ballot iss ue s et forth her ein and the ballot title fo r such question shall be the text of the question itself. Any petition to co ntest the fo rm or content of the ballot title may be filed with the Di strict Court a nd a copy se rv ed on the City Clerk within five days after the title of the ballot question is set by the City Council on final reading of this Ordinance . Sectjon 6. If any section, paragraph, clause, or other p ortion of this Ordinance is fo r any reason held to be invalid or unenforceable, the invalidity or une nforceabihty s hall not affect any of the remaining portions of this Ordinance . Introduced, read in full , and passed on first reading on the 16th day of Jul y, 200 1. Published as a Bill for an Ordinance on the 20th day of July. 2001. Read by title and passed on final r eading on the 6th day of August, 200 l. Published by title as Ordinance No . ~ Series of 2001 , on the 10th day of August, 2001. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, he r eby ce rtify that the above and foregoing is a true copy of the Ordinance passed on final r eading and published by title as Ordinance No ._, Series of 2001. Loucri s hia A. Ellis -3- ..: '' . ( I • 0 )( • • • • .. • -' BY AUTHORITY ORDINANCE NO._ SERIES OF 2001 COUNCIL BILL NO . 42 INTROD UC ED BY COUNC IL MEMBER GARRETT AN ORDINANCE SUBMI'M'ING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE IV, SECTION 34 , OF THE ENGLEWOOD HOME RULE CHARTER. WHEREAS, the City Council of the City of Englewood desires to amend the Reca ll Procedures section; and WHEREAS, the Englewood City Clerk's Office and the Englewood Election Commission seek Council approval of a bill for an ordinance s ubmitting to a vote of the registered electors of the City of Englewood, at the next scheduled General Municipal Election, November 6, 2001, proposed amendments to the recall , vacancy , initiative and referendum sections of the Home Rule Charter of the City of Englewood : and WHEREAS, the amendments would permit submission of que s tions to the voters at general state elections , which are currently restricted by Ch a rter: and WHEREAS, these Charter restrictions, regarding participation m general state elections, were established prior to the advent of coordinated elections ; and WHEREAS, a review of Article IV, Recall revealed that paragraph six and paragraph nine contain repetitive language ; and WHEREAS, there are recommended changes in paragraph nine to clarify that this paragraph was meant to refer to an election to fill a vacancy ; and WHEREAS, the Englewood City Council finds that s uch modification of the Englewood Home Rule Charter would serve the public welfare : NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT: Sectjon l There is hereby submitted to the registered electors of the City of Englewood at the next scheduled municipal election on November 6 . 2001 a proposed amendment to the Charter of the City of Englewood . as follows : -1- ... . ' 10 b vi ) I • 0 - • • -• .•. 34: Procedures. • • - Question ~o ARTICLE IV RECALL Any elected officer of the City of Englewood may be recalled from offic e at :m y time after holding office for six months, in the manner here provided: The procedure hereunder to effect the recall of any elected officer s hall be as follows: One or more registered electors who would be entitled to vote for the successor of the incumbent sought to be recalled shall file with the City Clerk . an affidavit of not more than 200 words stating the reasons for the recall of the elected officer sought to be removed . The City Clerk shall, within forty-eight (~8) hour after the filing of said affidavit, mail a copy of said affidavit, by certified mail. to the elected officer sought to be recalled, who may file with the City Clerk a worn statement in defense of the charges made against him. After the affidavit has been filed . the City Clerk shall authorize a petition for recall of the e lected offi ce r whi ch shall include the statement in defense of the petition if so requ e t ed by the person sought to be recalled prior to the authorization by the City Clerk . The City Clerk's authorization shall not constitute an approval of the form or contents of the petition but, rather, shall commence the running of the time penod provid ed he reaft er . The authorized petition may be circulated and s igned by registered electors who would be entitled to vote for the successor of the mcumbent ought to be recalled. For recall of any elected officer, said petition must be s igned by registered electors who would be entitled to vote for a successor of the m cumbent sought to be recalled, numbering at least twenty-five percent (25%) of the regi stered electors voting for all the candidates for the elected officer's respective office m the last preceding general municipal election. The recall petition shall be filed with the requ1S1te information and signatures with the City Clerk within SllCty (60) days after authonzat10n by the City Clerk. Failure to file a petition within this period shall render the recall petition null and void . If said petition is filed within the time specified and 1s proper in all respects , the Council shall set a date for a recall election to be held not less than sixty (60) days nor more than one hundred twenty (120 ) days after filing of the recall petition unless within said period of time a general mumcipal election, a s pecial municipal election or a general state election 1s to be held. Should a general municipal election. M' a special municipal election. QLll ieneraI state ejection be held w1thm the 60th to 120th day a fter filing of the reca ll petition. the recall election shall be held in co nJunction therewith . Sheultl 11 gene1111 state eleetien 1,e hel!I .. ith1n the 69th te 129th tla~ sfter filing ef the reeall i,etitien. the reeall eleetien shall he hell! en the 16th t8 99th tla, sfter the gene1sl st11te eleeti-. At such recall election. the question of the proposed recall of the elected officer shall be submitted to the registered electors who would be entitled to vote for the successor of the incumbent sought to be recalled . -2- • I • 0 • • -• • l{•,. .. .. • -' The ballot upon which such proposed recall is s ubmitted s ha ll set forth the following question: SHALL (NAME OF PERSON AGAJNST WHOM RE CAL L PETITION IS FILED) BE RECALLED FROM THE OFFICE OF (TITLE OF OFFICE)? Following s uch ques tion shall be the words "Yes" and "No". In the eve nt that an officer is recalled by a majority vote of those voting on t he ques tion, the offi ce shall be deemed vacant and shall be filled at an election called by Co uncil not less than sixty (60) days nor more than one hundred twenty (120) days after the r ecall election unless within said period of time a general muruc1pal election , a s pecia l municipal election , or a general state election is to be held. Should a general municipal election, M' a s pecial muru ci pal ele ction, or a general state election be held withm the 60th M? !20th da y after~ the r eca ll ~ election, the election to fill the vacancy shall be held in co njunction therewith. Recall elections and elections to fill a vacancy created by a recall e lection shall not be subject to the limitation set forth in Section 14 of the Home Rul e Charter. ___ Yes 0 Sectjon 2. Each elector voting at said election and desirous of voting s hall indicate his/her choice by depressing the appropriate counter of the votmg maclune or by the appropriate marking upon paper ballots where used . Sectjon 3 The proper officia ls of the City of Englewood s hall give notice of said next scheduled municipal election, such notice shall be published m the manner and for the length of tune required by law , and the ballots cast at s uch election shall be canvassed and the result ascertained . determmed, and certified as required by law . Sectjon 4. Only if the question is approved by the registered electors of the City of Englewood s hall the Section be amended and the Charter, as amended . certified to the Secretary of State. Sectjon 5. For purposes of Section 1-11-203 .5 , C.R .S .. this Ordinance shall se rve to set the title and content of the ballot issue set forth herein and the ballot title for s uch question shall be the text of the question itself. Any petition to co ntest the form or content of the ballot title may be filed with the District Court and a co py served on the City Clerk within five days after the title of the ballot question is se t by the Ci t y Council on final reading of this Ordinance. Sectjon 6. If any section, paragraph. clause. or other portion of this Ordinance is for any reason held to be invalid or unenforceable , the invalidity or unenforceability s hall not affect any of the remaining portions of this Ordinance . -3- • ) I • 0 - • • .. • -.. Introduced, read in full, and passed on first reading on the 16th day of July , 2001. Published as a Bill for an Ordinance on the 20th day of July, 2001. Read by title and passed on final reading on the 6th day of August, 2001. Published by title as Ordinance No._, Series of 2001, on the 10th day of August, 2001. Thomas J . Burns. Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellie, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No._, Series of 2001. Loucrishia A. Ellis -4- ·,: I • 0 32 • • • ; .. ORDINANCE NO ._ SERIES OF 2001 • • • BY AUTHORITY ,, COUNCIL BILL NO . 43 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE SUBMITl'ING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE V, SECTION 41 , OF THE ENGLEWOOD HOME R LE CHARTER. ouncil of the City of Englewood desires to amend Emergency Home Rule Charter; and WHEREAS . ill t ran ordinance submits to the registered voters in the City of Englewood a ba ll t quei.u on malung changes to the City Charter regarding eme rge n cy ordinances; and WHEREAS, currently, Article V, Section 41 of the Charter does not allow the City t o pass an emergency ordinance to incur indebtedness; and WHEREAS, City staff brought this issue forward after conferring with the City's bond attorney and financial advisor; and WHEREAS, as it stands now, when the City issues bonds the period of tim e between the awarding of the bid and the actual receipt of the bonds to bidder requires first and second readings plus the 30-day referendum period ; and WHEREAS, during this relatively long period of time interest rates can change significantly, which may limit the number of bidders on the City's debt; and WHEREAS, some potential bidders may decide not to bid on Englewood debt because of the uncertainty of not being able to market the securities for a long period of time; and WHEREAS, fewer bidders may deter bids that could reduce the interest the City pays on its obligations; and WHEREAS, the citizens of Englewood still maintain their right to vote on debt issues, except for the indebtedness of the enterprise funds (e .g . Golf Course , Water, Sewer, etc.) which are repaid with user fees not taxes ; and WHEREAS, the Englewood City Council finds that such modification of the Englewood Home Rule Charter would serve the public welfare ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO, THAT: $ectjon I There is hereby submitted to the registered electors of the City of Englewood at the next scheduled municipal election on November 6 , 2001 a proposed amendment to the Charter of the City of Englewood, as follows: -I - • ,. 0 10 b vii I • 0 • • • 41: Emergency ordinances. • • • Question No ARTICLE V ORDINANCES Emergency ordinances necessary for the immediate preservation of public property, health, peace , or safety may be introduced, read and unanimous ly approved by a quorum present, at any meeting of the Council. The facts showin g such urgency and need shall be specifically stated in the ordinance. No ordinance shall receive final passage on the same date it is introduced; however. emergency ordinances may receive final passage by Council on the following day. Emergency ordinances shall take effect immediately upon final passage and s hall be publis h ed within seven days thereof. No ordinance making a grant of a ny special privilege, levying taxes, incurring indebtedness , authorizing borrowing money or fixing rates charged by any city owned utility shall ever be passed as an emergency mea s ure unless the indebtedness or the borrowing of money has received prior voter approval or the indebtedness does not require vot er approva l und er Article X Section 20 {TABOR} of the State Constitution Yes No Section 2. Each elector voting at said election and de s iro us of voting shall indicate his/her choice by depressing the appropriate counter of the voting machi ne or by the appropriate marking upon paper ballots where used . Section 3 The proper officials of the City of Englewood shall give notice of said next scheduled municipal election, such notice shall be published in the manner and for the length oftime required by law , and the ballots cast at s uch election s hall be canvassed and the result ascertained, determined , and certified as required by law . Section 4. Only if the question is approved by the r egister ed electors of the City of Englewood shall the Section be amended and the Charter, as amended , certifi ed to the Secretary of State . Section 5. For purposes of Section l· 11-203 .5, C.R.S., this Ordinance shall se rve t o set the title a nd content of the ba ll ot is ue set forth herein and the ballot title for s u ch question shall be the text of the question itself. Any petition to contest the form or content of the ballot title may be filed with the District Court and a copy served on the City Clerk within five days after the title of the ballot question is set by the City Council on final reading of this Ordinance . Section 6 . If any section . paragraph, clause , or other portion of this Ordinance is for any reason held to be invalid or unenforceable , the invalidity or unc nforceability s hall not affect any of the re maining portions of this Ordinance. -2- • ) I • 0 - • • .. • -.. Introduced, read in full , and passed on first reading on the 16th day of July , 2001. Published as a Bill for an Ordinance on the 20th day of July, 2001. Read by title and passed on final reading on the 6th day of August, 2001. Published by title as Ordinance No. ~ Series of 2001 , on the 10th day of August, 2001. Thomas J . Burns, Ma yo r ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true cop y of the Ordinance passed on final rea ding and published by title as Ordinance No .~ Series of 2001. Loucrishia A. Ellis -3- ,. 'I'. .. ., .. • I • 0 • • • ORDINANCE NO._ SERIES OF 2001 • • - BY AUTHORITY ' COUNCIL BILL NO . 44 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE SUBMT'I'TING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE X, PART IV, SECTION 11 3. OF THE ENGLEWOOD HOME RULE CHARTER. WHEREAS, the City Council of the City of Englewood desires to change the Competitive Bidding process to provide for competitive bidding in excess of $25 ,000 or as prescribed by ordinance; and WHEREAS , this requirement has not been adjusted in many years and is no longer relevant from a financial viewpoint; and WHEREAS , competitive bidding at this level is ineffi cient because so much time is being spent on preparing, reviewing and awarding bids for r elatively small purch ases ; and WHEREAS, the Englewood City Council finds that such modification of the Englewood Home Rule Charter would serve the public we lfare ; NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sectjon 1 There is hereby submitted to the registered electors of the City of Englewood at the next scheduled municipal election on November 6, 2001 a proposed amendment to the Charter of the City of Englewood, as follows: Question No ARTICLE X FINANCE ADMINISTRATION PART IV . PURCHASES AND SALES 113 : Competitive bidding . Before the purchasing officer makes any purchase of supplies, materials or equipment, in excess of SHl,999 .99 $25,000 or as prescrib ed by ordinance , he hall give ample opportunity for sealed competitive bidding, with such general excep t io ns as the Council may prescribe by ordinance. Council shall not exempt any individual contract, purchase or sale from the requirement of competitive bidding . No offi ce r , appointee or employee of the City shall be financially interested, directly or indirectly , in the sale of any land, materials , supplies, or services to the City , e xcept in case of purchases submitted to competitive bidding or not exceeding an agg regat e of $100.00 in any one year. The lowest and best bid shall be accepted or all bids will be rejected . If the lowest bid is not accepted as being the best, s uch rejection mus t be approved by Council. Provisions in this Section shall not apply to professional or -I - 10 bviii ) I • 0 - • • • • J· •,, .. • - technical services, or services of regulated public utilities . All invitation s t o bid shall require bidders to mee t the requirements of State Statutes r ega rding preference of State products. Yes No Section 2. Each elector voting at said election and desirous of voting shall indicate his/her choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used. Section 3 The proper officials of the City of Englewood shall give notice of said n ext scheduled municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law . Section 4 . Only if the question is approved by the registered electors of the City of Englewood shall the Section be amended and the Charter, as amended , certified to the Secretary of State. Section 5. For purposes of Section 1-11-203.5 , C.R .S .. this Ordina nce s h a ll se rve to set the title and content of the ballot issue set forth herein a nd the ba ll ot title fo r such question shall be the text of the question itself. Any petition to contest the fo rm or content of the ballot title may be filed with the District Court and a copy served o n the City Clerk within five days after the title of the ballot question is set by the City Council on final reading of this Ordinance. $ectjon 6. If any section, paragraph, clause, or other portion of this Ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability s hall not affect any of the remaining portions of this Ordinance. Introduced, read in full , and passed on first reading on the 16th day of July, 2001. Published as a Bill for an Ordinance on the 20th day of July, 2001. Read by title and passed on final reading on the 6th day of August, 2001. Published by title as Ordinance No ._, Series of 2001 , on the 10th day of August, 2001. Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis , City Clerk -2- • .. I • 0 I - • • • • .. • -' I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado. hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 2001. Loucr1shia A. Ellis -3- • I 0 I • 0 2 I • • -• • ' . ... ... • -' BY AUTHORITY ORDINANCE NO._ SERIES OF 2001 COUNCIL BILL NO . 45 I NTROD UCED BY CO NC lL MEMBER GARRETT AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNIC IPAL ELECTION A PROPOSED AMENDMENT TO ARTI CLE X. PART IV. SECTION 11 6 , OF THE ENGLEWOOD HOME R ULE . WHEREAS, the City Council of the City of Englewood desires to change the Capita l Improveme nts process to provide for competitive bidding in excess of $50,000 or a s prescribed by ordinance ; and WHEREAS , this requirement has not been a djusted in many year s and is no l on ger relevant from a financial or operational viewpoint; and WHEREAS, co mpetitive bidding at this leve l is inefficient beca use so much time is being s pe nt on preparing, reviewing and awarding bids for relatively small projects: and WHEREAS, the Englewood City Co uncil find s tha t such modification of t h e Englewood Home Rule Charter would se rve the public weUare ; NOW, THEREFORE. BE IT ORDAI NED BY THE CITY COUNCI L OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Sectjon 1 Ther e is hereby s ubm itted to the registered elector s of the City of Englewood at the next scheduled munici pal e lection on Nove mber 6, 2001 a proposed amendment to the Charter of the City of Englewood , as fo ll ows: Que stion No ARTICLE X FINANCE ADMI NISTRATIO N PART rv . PU RCHASES AND SALES 116: Capital improvements. Bids in excess of 1629 ,999 .99 $50.000 .00 or as prescribed by ordina n ce except work performe d directly by the City using City employees, s ha ll be con t racted for as follows: (a) The purchasing officer s h a ll , on t he basi s of s pecifications pr ope rl y s ubm itted a nd approved , advertise for a nd rece iv e sealed bids fo r the public work or improvement a nd on closing of bidding s hall open bid s, tabulate same a nd present the r esults with recomm e nd ations to the City Manager. -I - 10 b ix I • 0 • • • • .. • -.. (b) Council shall have final approval of the lowest and best bid or all bids must be rejected. When no satisfactory bids are received or for other reasons deemed expedient to Council, contracts for public works or improvements may be negotiated, provided that contracts for which no competitive bids have been requested shall be invalid unless accepted by resolution which shall declare the reaso n for exception to the competitive bidding requirement. ___ Yes ___ No Section 2. Each elector voting at said election and desirous of voting shall indicate his/her choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used . Sectjon 3 The proper officials of the City of Englewood shall give notice of said next scheduled municipal election, such notice shall be published in the manner and for the length of time required by Jaw , and the ballots cast at such election shall be canvassed and the result ascertained, determined , and certified as required by law. Sectjon 4. Only if the question is approved by the registered electors of the City of Englewood shall the Section be amended and the Charter, as amended , certified to the Secretary of State. Sectjon 5. For purposes of Section 1-11-203 .5 , C .R.S., this Ordinance shall serve to set the title and content of the ballot issue set forth herein and the ballot title for such question shall be the text of the question itself. Any petition to contest the form or content of the ballot title may be filed with the District Court and a copy served on the City Clerk within five days after the title of the ballot question is set by the City Council on final reading of this Ordinance. Seetjon 6. If any section, paragraph, clause , or other portion of this Ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portions of this Ordinance. Introduced, read in full , and passed on first reading on the 16th day of July, 2001. Published as a Bill for an Ordinance on the 20th day of July, 2001. Read by title and passed on final reading on the 6th day of August, 2001. -2- I • C, - • • t, ' .. :· ....... . . ' - Published by title as Ordinance No .~ Series of 2001 , on the 10th d ay of August, 2001. Thom as J. Burns , Mayor ATIEST: Loucrishia A. Ellis, City Clerk .. I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Co lor ado. he r e by ce r t ify that the above and foregoing is a true cop y of the Ordina nce passed on fin a l r eading and published by title as Ordinance No . _, Series of 200 I . Lou cri shi a A. Ell is -3- ) I • 0 ] • • -• ORDINANCE NO._ SERIES OF 2001 • • - BY AUTHORITY COUNCIL BILL NO . 46 INTRODUCED BY CO NCIL MEMBER GARRE'IT AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTALSUBGRANTEEAGREEMENTBETWEENTHE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD. WHEREAS, the City Council approved the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County by passage of Ordinance No. 39. Series of 1994 covering the City's participation in the Arapahoe County C.D.B.G. Entitlement Program as extended by Amendment No. 2 , for funding years 2001 through 2003 ; and WHEREAS , the Englewood City Council passed Resolution No. 95 , Series of 2000. supporting Housing and Commuruty Development that authorized submitting a n application for 2001 CDBG funding ; and WHEREAS , the project by the City of Englewood known as the "Skerritt House Foundation Project" has been categorized as a public facilities project: and WHEREAS , the City of Englewood may proceed to incur costs for this project upon receiving an official "Notice to Proceed" from Arapahoe County; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section 1. The Subgrantee Agreement for the 2001 Arapahoe County Community Development Block Grant Program is attached hereto as Attachment I. Section 2. The Subgrantee Agreement for the 2001 Arapahoe County Community Development Block Grant Program is hereby accepted and approved by the Englewood City Council and the Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood . Section 3. The City Manager shall be authorized to further extend the Subgrantee Agre e ments for the 2001 Arapahoe County Community Development Block Grant Program as needed . Introduced, read in full, and passed on first reading on the 16th day of July, 2001. -I - • lQ b X I • 0 - • • • .. • -' ' Published as a Bill for an Ordinance on the 20th day of July, 2001. Read by title and passed on final reading on the 6th day of August, 2001. Published by title as Ordinance No.~ Series of 2001 , on the 10th day of August, 2001. ATTEST: Thomas J . Burns, Mayor Loucrishia A. Ellis, City Clerk .. I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No .~ Series of 2001. Loucrishia A. Ellis -2 - • .. .. ... .. ~ ~ I • 0 3 I - • • • J • ~-, .. • - SUBGRA."ITEE AGREE.MENT FOR 2001 ARAPAHOE COUNTY COMl\'IUNITY DEVELOPMENT BLOCK GRA."IT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAi'\'IE: SKERRITT HOUSE FOUNDATION PROJECT NUMBER: 01 EN PF 123 •. This Agreement is made by and between the Board of County Commissioners of the County of ,\rapahoe, State of Colorado, for the Community Development Block Grant Program in the Community Services Department (hereinafter referred to as the County) and the C ity of Englewood (hereinafter referred to as the SubGrantee) for the conduct ofa Community Development Block Grant (CDBG) Project for Program Year 2001. I. PURPOSE The primary objective of Title I of the Housing and Community Development Act of 19 74 , as amended. and of the Community Development Block Grant (CDBG) Program under this Title is the de velopment of viable urban communities, by providing decent housing , a suitable living env ironment and expanding economic opportunities, principally for low and moderate income persons . The project by the City of Englewood known as the Skerritt House Foundation Project (Project) has been categorized as a Public Facilities project and the SubGrantee will maintain documentation with the national objective of Area Benefit activities . The SubGrantee may proceed to incur costs for the Project upon receipt of an official "Notice to Proceed'' from the County . II. WORK TO BE COMPLETED BY THE SUBGR.\J.'JTEE The followmg provisions outline the scope of the work to be completed: The SubGrantee will utilize CDBG funding to renovate the Thomas Skerrin House, which has been identified as a locally significant historic site . The overall purpose of the renovation is to prevent further deterioration of the house, as well as to preserve the historic qualities of the home for the enjoyment of future generations . It is the SubGrantee 's intention to eventually seek state and/or national historic designation of the site . -. A. Payment It is expressly agreed and understood that the total amount to be paid by the County under this contract shall not exceed 540,000.00. Drawdowns for the payment of eligible expenses shall be made against the line item, budgets specified in Exhibit A and in accordance with performance criteria established in S~tion II-C. The parties expressly recognize that the SubGrantee is to be l •· A '- t a c; h m e n t l ) I· 0 ]-- • • • • .. • • paid with CDBG funds received from the federal government, and that the obligation of the County to make payment to SubGrantee is contingent upon receipt of such funds. In the event that said funds, or any part thereof, are , or become, unavailable, then the County may immediately tenninate or amend this agreement. To the extent C.R.S. § 29-1-110 is applicable. any financial obligation of the County to the SubGrantee beyond the current fiscal year is also contingent upon adequate funds being appropriated, budgeted and otherwise available . B. Timelioe All Project activities will be completed by May 31, 2002 unless this Agreement is modified by mutual agreement of the County and SubGrantee. C. Performance Criteria In accordance with the funding application submined by the SubGrantee for the Project , the criteria listed below are to be met during the execution of the Project . 1. Quantifiable Goals : The SubGrantee will perform repairs and improvements to the foundat ion o f the Thomas Skerrin House (located at 2560 South Bannock Street. Englewood). Al l improvements are to be completed in compliance with any locall y applicable codes and standards, and in a manner which retains the historic integri ty of the building. Following completion of the Project, the SubGrantee is to commence other necessary building and site renovations within one calendar year. Such renovations may include (but not necessarily be limited to): roof and chimney repair. sidin g and doors , trim. painting, and fascia . After all building and site renovations have been completed (including those not funded under this Agreement), the SubGrantee shall utilize the building as the focus point for a historic educational park. This usage is to continue for a period of no less than five calendar years from the date on which all building and site renovations are completed. Should the SubGrantee discontinue the intended usage at any time during the fi ve year usage period, the SubGrantee shall return CDBG funds to the County at the rate of S8 ,000 .00 per year for each complete or part ial year remaining in the usage period . 2 . Community Impact: By completing the project. the SubGrantee will decre:ise the loss oflocally historic sites by 25 %. The SubGrantee will maintain written records documenting the Project 's community impact for a period of tive years following completion of the Project and an y required usage period. This information is to be made available (upon request) to Arapahoe 2 • I • 0 • • -• • • -.. County or the U.S . Department of Housing and Urban Development for monitoring purposes . 3. Project Milestones: September 30, 2001: December 31, 2001: March 31, 2002 : May 31 , 2002 : Complete project design Issue bid documents Select contractor Execute construction documents Begin project construction Complete construction Submit final drawdown and completion report to County D. Reporting Requirements 1. Each SubGrantee Drawdown Request will include progress reports for the period for which payment is being requested. 2 . Project reports will be due within 30 days following the end of each calendar year quarter (March 31 , June 30 , September 30 , December 31 ) until the Project is completed. 3. The official annual audit and/or Financial Statements for the SubGrantee in which both revenues and expendirures for the CDBG Projects described herein are detailed are due annually. E. Labor Standards (Davis-Bacon) It is determined that : This project includes activities requ iring compliance with federal labor standards . SubGrantee is to contact Arapahoe County Housing and Community Development Services Division staff for information regarding federal labor standards compliance prior to bidding the Project. SubGrantee shall comply with all applicable federal labor standards . F. Environmental Review Environmental re view will be completed by Arapahoe County staff in order to determine whether funher ac ti on is necessary . The SubGrantee will not commit or expend any Project funds prior to the completion o f the required envi ronmental review process and receipt of any necessary Release ofFunds from th e li.S . Department of Housing and Crban Development. G. Uniform Reloc:atioa Act (URA) 3 • • I ) I • 0 • • -• • • -' ... Project activities do not require compliance with the Uniform Relocation Act. m. RESPONSIBILITIES OF THE SUBGRANTEE A. Federal Compliance The SubGrantee shall compl y with all applicable federal laws. regulations and requirements, and all provisions of the grant agreements received from the U .S. Department of Housing and Urban Development (HuU) by the County. These include but are not lin1ited to compliance with the provisions of the Housing and Community Development . .\ct of 19 74 and all rules, regulations, guidelines and circulars promulgated b y the various federal departments. agencies. administrations and commissions relating to the CDBG Program . A listing of some of the applicable laws and regulations are as follows : I. 24 CFR Part 570; 2. 24 CFR Pans 8-+ and SS ; 3. Title VI of the Civil Rights Act of 196-.; 4 . Title VIll of the Civil Rights Act of 1968; 5. Sections 104(b ) and 109 of the Housing and Community Development Act of 197-+; 6. Fair housing regulations established in the Fair Housing Act. Public Law 90-284, and Executive Order 11063; 7. Section 504 of the Rehabilitation Act of 19 73; 8. Asbestos guidelines established in CPD '.\iotice 90 --+-+; 9 . The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39 ; 10 . Equal employment opportunity and minority bus iness enterprise regulations established in 24 CFR part 570.904 ; 11 . Section 3 of the Housing and Urban De,·elopment . .\ct of 1968; 12. Non-discrimination in employment. established by Executive Order 11246; 13 . Lead Based paint regulations established in 2-+ CFR Pans 35 and 570 .608 ; 14. Audit requirements established in OivlB Circular A-1 33: and 15 . Cost principles established in Ol'vlB Circulars A-8 7 and . .\-122 . Additionally, in accordance with 24 CFR Part 570 , no employee. official, agent or consultant of the SubGrantee shall exercise an y function or responsibility in which a conflict of interest, real or apparent, would arise . The SubGrantee cannot engage in a federally funded contract with any entity registered in the Lists of Parties Excluded From Fede ral Procurement or ;'1/onprocurement Programs . B. Non-Appropriations Clause The SubGrantee agrees that it will include in every contr:ict it enters. which relies upon CDBG monies for funding, ;i non-appropriation clause that will protect itself and the County from any liability or responsibility or any suit which might result from the discontinuance of CDBG funding for any reason . Becaus e this SubGrantee Agreement involves funds from a federal grant, to the extent there is a conflict the funding provisions of this SubGrantee Agreement, the federal grant and 4 • • I • 0 •• • • • .. •• -' the federal statutes control rather than the provisions of Section 24-91-103.6, C.R.S . with regard to any public work projects. C. Expenditure Restrictions All CDBG funds that are approved by HUD for expenditure under the County's grant agreement, including those that are identified for the SubGrantee's Projects and activities , shall be allocated to the specific projects and activities described and listed in the grant agreements. The allocated funds shall be used and expended only for the projects and activities for which the funds are identified. D. Agreement Changes No projects or activities, nor the amount allocated therefor, may be changed without approval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by HL,1), if required. Changes must be requested in writing and may not begin until a modification to this Agreement is fully executed. E. Direct Project Supervision and Administration The SubGrantee shall be responsible for the direct supervision and administration of its respecti ve projects or activities. This task shall be accomplished through the use of the SubGrantee's staff. agency and employees . The SubGrantee shall be responsible for any injury to persons or damage to property resulting from the negligent acts or errors and omissions of its staff. agents and employees . ) Because the SubGrantee is responsible for the direct supervision and administration of its projects or activities, the County shall not be liable or responsible for cost overruns by the SubGrantee on any projects or activities . The County shall have no duty or obligation to provide any additional funding to the SubGrantee if its projects or activities cannot be completed with the funds allocated by the County to the SubGrantee. Any cost overruns shall be the sole responsibility of the SubGrantee. F. 1. The SubGrantee agrees that all funds alloc:ited to it for approved projects or activities shall be used solely for the PWl'OSes appro ved by the County . Said funds shall not be used for any non-approved PWl'OSes . 2. The SubGrantee :igrees that the funds alloc:ited for any approved projects or activities shall be sufficient to complete said projects or activities without any additional CDBG funding . Indemnity To the extent :illowed by l:iw, the SubGrantee shall indemnify and hold harmless the County and its elected and :ippointed officials, officers, employees and :igents from and against any and all losses. damages, liabilities , claims, suits. actions or costs, including attorneys fees, made , asserted or incurred as a result of any damage or alleged damage to person or property occasioned by the acts or omissions of SubGrantee, its officers , employees, agents. contractors or subcontractors, arising out of or in any way connected with the Project or the performance of this contract. 5 • I I • 0 • • • • ) . ' ,, • - G. Bonding and Insurance If the SubGrantee's projects involve construction acti vities, an y Contractor it uses for said activities shall be required to provide and maintain, until final :icceptance by the SubGrantee of all work by such Contractor, the kinds and minimwn amounts of insurance as follows : l . Comprehensive General Liability: in the amount of not less than S 1,000,000 combined single limit . Coverage to include: a. Premises Operations b. Products/Completed Operations c . Broad Form Contractual Liability d. independent Contractors e. Broad Form Property Dama ge f. Employees as ,\dditional insured g. Personal injury h. Arapahoe County and the SubGrantee as Add itional ~Jamed insured 1. Wai ver of Subro gat io n 2 . Comprehensive Automob ile Liability : in th e amount of not less than Sl.000 .000 combined single limit for bod ily inj ury and property damage. Coverage to include : a. Arapahoe County and the SubGrantee as additi onal Named insured b. Waiver of Subrogation 3. Employers Liabil ity and Workers Compensation : The Contractor shall secure and maintain employer's liab ility an d \V ork e ~·s Compensatio n insurance that will protect it against any and all claims result in g fro m inj uries to and death o f work ers engaged in work under an y contract funded purs uan t to tlu s agreement . Cov erage to include Waiver of Subrogation . 4. All referenced insurance policies and/or certificates of insurance shall be subject to the following stipulations : a. b. Underwriters shall have no rights of recovery subrogation against Arapahoe County or the SubGrantee; it being the intent of the parties that the insuranc e policies so effected shall protect the parties and be primary co verage for an y and all losses covered by the described insurance. The cl ause entitled "Other insurance Pro visions" contained in any polic y including Arapahoe County as an additional named insured shall not appl y to Arapahoe County or the Sub Grantee . 6 I • 0 • • • • •• -' c. The insurance companies issuing the policy or policies shall have no recourse against Arapahoe County or the SubGrantee for payment of any premiums due or for any assessments under ll1Y form of any policy. d. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 5. Cenificate of Insurance: The Contractor shall not commence work under any contract funded pursuant to this Agreement until he has submitted to the SubGrantee, received approval thereof, certificates of insurance showing that he has complied with the foregoing insurance requirements. The SubGrantee shall also submit a copy of the Contractor's certificates of insurance to the County. 6 . Notwithstanding the provisions contained in this paragraph (H) set fonh hereinabove, the County reserves the right to modify or waive said provisions for projects or activities for which these provisions would prove prohibitive . The SubGrantee understands , however. that the decision to waive or modi fy those provisions is fully within the discretion of the County . In accordance with 24 CFR parts 84 and 85. the following bonding requirements shall app ly to all projects exceeding the simplified acquisition thresho ld: I . A bid guarantee from each bidder equivalent to 5% of the bid price : 2. A performance bond on the part of the contractor for 100% of the contract price ; J11d 3. A payment bond on the pan of the contractor for 100% of the contract price . H. Records The SubGrantee shall maintain a complete set of books and records documenting its use of CDBG funds and its supervision and administration of the Project. Records are to include documentation verifying Project eligibility and national objective compliance. as well as financial and other administrative aspects involved in performing the Project . The SubGrantee shall provide full access to these books and records to the County, the Secretary of HLU or his designee, the Office of Inspector General , and the General Accounting Office so that compliance with Federal laws and regulations may be confirmed . The SubGrantee funher agrees to pro vi de to the County upon request, a copy of any audit reports pertaining to the SubGrantee's financial operations during the term of this Agreement. All records pertaining to the Project are to be maintained for a minimum of five yem following close-out of the Project. I. Reporting The SubGrantee shall file all reports and other information necessary to comply with applicable Federal laws and regulations as required by the Coun ty and HlU . This shall include providing to the County the information necessary to complete J11nual Performance Reports in a timely fashion. J. Timeliness 7 I • 0 • • -• • ,. •• - The SubGrantee has submitted to the County, along with its proposal, a description of the work to be performed. a budget, and a timetable delineating the length of time needed for each Project phase , if applicable, through the completion of the projects. The SubGrantee shall comply with timetable for completion of the projects . The SubGrantee understands that failure to comply with the timetable may lead to a cancellation of the Project and a loss of all unexpended funds, unless the County determines that there are extenuating circumstances be yond the SubGrantee's control and that the projects will be completed within a reasonable length of time. The timetable's implementation shall begin when the County provides written notification to the SubGrantee to proceed. K. Reimbursement for Expenses The SubGrantee agrees that before the County can distribute any CDBG funds to it. the SubGrantee must submit to the County's Housing and Community Development Servic es Di vision documentation in the form required by that Division which properly and full y identifies the :imount which the SubGrantee is requesting at that time . The County shall have ten (IO) workin g da ys to review the request. Upon appro val of the request. the County will distribute the requested funds to the SubGrantee as soon as possible. L. Program Income All progr:im income directly derived from the Arapahoe County Community De velopment Block Grant Program received by the SubGrantee will be retained by the SubGrantee and will be dispersed for its appro ved CDBG Project acti v ities before additional CDBG funds are requested from the County . Following completion of the SubGrantee's Arapahoe County CDBG Proj ects. all program income directly generated from the use ofCDBG funds will be remitted to the County. l\l. Asset :\'lanagement An y single parcel of real property under the SubGrantee's control that was acquired or impro ved in whole or in part with CDBG funds in excess ofS25 ,000 will either: I. Be used for an eligible CDBG activity, as determined b y the County. for a minimum of five (5) years following completion of the SubGrantee's proj ects ; QR 2. Be disposed of in a manner that results in the County's be ing re imbursed in the amount of the current fair market value of the property Jess any portion of the value attributable to expenditures ofnon-CDBG funds for acquisition of, or impro vements to , the property. Reimbursement is not required after fi ve (5) years following completion of the SubGrantee's projects . ~-State and County Law Compliance All responsibil ities of the SubGrantee enumerated herein shall be subject to applicable State statutes and County ordinances, resolutions , rules, and regulations . 8 • • I • 0 - • • ' . .. •• - 0. Environmental Review The SubGrantee agrees that no CDBG funds will be legally obligated to any Project activity before the County has completed federal NEPA environmental review procedures , as required by 24 CFR Part 58 . P. Subcontracts If subcontracts are used on the Project. the SubGrantee agrees that the provisions of this Agreement shall apply to any subcontract. Q. Suspension or Termination This Agreement may be suspended or terminated by the County if the SubGrantee materiall y fails to comply with any term of this Agreement . This Agreement may also be terminated for convenience by mutual agreement of the County and the SubGrantee. R. In the event that the Unit of General Local Government should withdraw from the County 's "Urban County" designation, this Agreement shall terminate as of the termination date of the County's CDBG grant Agreement with HLD. S. The SubGrantee certifies that to the best of its knowledge and belie f: 1. No Federal appropriated funds have been paid or will be paid. by or on behalf of it. to any person for influencing or anempting to influence an officer or employee of any agency , a Member of Congress, an officer or employee of Congress , or an emplo yee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan , the entering into of any cooperati ve agreement, and the extension, continuation. renewal , amendment , or modification of any Federal contract. grant , loan, or cooperative agreement ; and, 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or anempting to influence an officer or employee of an y agency, a Member of Congress, an officer or emplo yee of Congress , or an employee of a Member of Congress in connection with this Federal contract , grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL , "Disclosure Form to Report Lobb ying ," in accordance with its instructions . T. Disallowance If it is determined by Ht:D or other federal agency that the expenditure , in whole or in part, for the SubGrantee's Project or activity was improper. inappropriate or ineligible for reimbursement, then the SubGrantee shall reimburse the County to the full extent of the disallowance. 9 : . ,,- • • J ) I • 0 - • • • • .. • - •, ... IV. RESPONSIBILITIES OF THE COUNTY A. Administrative Control The Parties recognize and understand that the County will be the governmental entity required to execute all grant agreements received from HUD pursuant to the County's requests for CDBG funds. Accordingly, the SubGrantee agrees that as to its projects or activities performed or conducted under any CDBG agreement, the County shall have the necessary administrative control required to meet HUD requirements. 8. Performance and Compliance Monitoring The County's administrative obligations to the SubGrantee pursuant to paragraph A above shall be limited to the performance of the administrative tasks necessary to make CDBG funds available to the SubGrantee and to provide a Monitoring Specialist whose job it will be to monitor the various projects funded with CDBG monies to monitor compliance with applicable Federal laws and regulations. C. Reporting to HUD The County will be responsible for seeing that all necessary repons and information required of the County are filed with HUD and other applicable Federal agencies in a timely fashion . V. EXTENT OF THE AGREE'.\1E.NT This agreement, including any documents attached as exhibits which are hereby incorporated herein by reference, represents the entire and integrated agreement between the County and SubGrantee and supercedes all prior negotiations, representations or agreements, either written or oral. Any amendments to this agreement must be in writing and signed by both the County and SubGr:mtee . If any portion of this agreement is found by a court of competent jurisdiction to be void and/or unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of full force and effect . 10 I· 0 3 - • • • • .. -· .. • - • In Witness Whereof, the Parties have caused this Agreement to be duly executed this -----day of _______________ 2001. SubGrantee :. ___ _.C.,.jty..,_,o ... (_.E..,n .. g ... Jew""""ood"'""'------ By : ______________ _ Title : _________________ _ Board of County Commissioners Arapahoe County, Colorado Justin A. Hamel . on behalf of the Board of Cowity Commissioners Pursuant to Resolution 01-0132 11 I. 0 X • i ... .. • . ' - EXHIBIT A PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND Pre;.t-Elamal8II TMal c-of CDBGFa..is I Odlcr Fullds Committed ( ...... fyby-~l Adivity COIISVIICUon : Foundabon repatr 58 5.000 $40.000 S..5.000 and i ff11")11<1TIOl1l ) TOTAL: 58 5.000 S,I0 .000 I S,1 5.000 • • I· 0 • • • • .. • -... ... ' COUNCIL COMMUNICATION Date Agenda Item Subject: August 6, 2001 10ci 2001 Rescue Vehicle INITIATED BY: STAFF SOURCE : Safety Services Director Chris Olson COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION ApsJrove PwdlMe Order for one ( 1) Rescue Vehicle for the Fire Division, Department of Safety SeMO!S . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This request for purchase will replace the existing Rescue , which is sche duled for replacement under the CERF program. A fo rmal bid process has been completed and a te ch ni cal evaluation of th e submitted bids has identified McCoy Miller as low bid . FINANCIAL IMPACT Total replacement c ost for the 2001 Rescue Unit w ill be $85,250.00. LIST OF ATTACHMENTS • Final bids from McCoy Miller and Wheeled Coach . • Technical eval uatio n of the submitted bids . .. ~ . . ' • I· 0 - • ,-.,,. • • City of Englewood Bid Tabulation Sheet Bid Opening Date: May 9, 200110:00 a.m. Bid Item: Type Ill Fire Rescue Vehicle ., ......... iWflftled Coach Anen11on: Ray wa111ms 5635 E. 12"11 Wq Rriallfnn CO IOfiOZ llleeor 1Ner,Pn1r c_,._,.. lollfenlion: Leo~ if 71111 Brlfllllon Boulevatd • ~NVER. CO«J21f ~JI. lllounfaln Emergency Veflletn l,tlnfttlion: Daw Young ~IOI E. 31111 Awnue n...,_ co .UOT NIR = NOT APPLICABLE NIC = NO COST/CHARGE n----1a-1.a __., __ •• Sl4.SOI.OO N/C 181,730.00 NIC $79,970.00 NIC 183,464.00 NIA -··--•'> 12,415.00 12,200.00 12,200.00 12,360.00 ~ ~-"--U $717.00 St,320.00 NIA NIB ' ' .. • I • 0 -"--H -"--U N/C INCLUDED SEE ATTACHED EXCEPTIONS isEE NOTES ON PROPOSAL SHEET j$4,980.00l N/C BEE ATTACHED EXCEPTIONS · OPllON 13 • ~EYLESS ENTRY WALK 11 ; OOORS ONLY $600 NIA N/C !THIS AN ALTERNATE BIO. SEE ATTACHED EXCEPTIONS $71,942.00 SI0,176.00 PLEASE SEE NOTES ON PROPOSAL PAGE isEE ATT ACltED EXCEPllONS 0 • • • '. MEMORANDUM TO: Betty Goosman Purchasin g FROM : David Maxwell Technical Support Officer Safety Services DATE : June 13, 2001 • • - SUBJECT: Technical Evaluation of Bid o . 0 1-112 2001 Type 111 Fire Rescue ehicle BID SPECIFICA TIO McCOY MILLER • 2001 Ford 350 chassis Co mpli ed • 7 .3 Diesel turbocharged Complied Internal engine cooler Complied • Automatic Trans w/cooler Co mplied • PS.PB tinted glass.stand gauges Co mplied • ABS Brakes Co mplied • Front Stabilizer bar , rear air bags Co mplied • Air Conditioning. Front and rear Complied With separate controls Complied • XL interior level or equal Complied • Captain Chairs in cab Complied • Cruise Control, Tilt Steering Complied • 4.10 axle ratio. with limited slip Complied • 3 battery system Complied two mounted in right front compartment. 750 CCA Min with Cole-Hersee switch and Not Stated Co mpli ed .. indicator lights • 165 amp Leece/Nevell alternator EXCEPTION Dual 110 amp • One RG58 U Antenna w/ceiling ace Co mplied • Illuminated volt and amp . Meter Complied • Electric vacuum booster for Complied Aspirator system • Rear seat belts w/retractors Complied • Ceiling rv hood with stabilizer Complied • Code 3 Force 4XL w/opticom Complied WHEELED COACH Complied Complied Complied Complied Complied Complied EXCEPTION Complied Complied Complied Complied Complied Complied Complied Not Stated Compli ed EXCEPTION Dual 130 amp Complied 1-moble/1-cell Complied Complied I Complied • 0 Complied Complied •' -• • Red flashing standby light ea comer • Flashing rear lights to be visible Through rear doors when open • 2 flood lights ea. side separate switch • 2 pillar mounted spot lights • • - Complied Complied Complied Exception Handheld 200.000 Complied Complied Complied Exception Handheld 100,000 ea • 100 watt electronic siren w/phaser Complied Complied • Hom ring control for siren Complied Complied • 2-100 watt speakers in grill Complied Complied • Piped 0 /2 system with 2 outlets Complied Complied • Vented 02 compartment for M Tank Complied Complied • Interior access and sight glass for 02 Complied Complied • Shoreline with GFI and relay Complied/NO RELAY Complied No Autoeject W/Kussmaul With 2 interior duplex outlets Complied (3) Complied (3) • Electric throttle Complied Complied • ndercoated to existing standards Complied Complied • 2 laerdal 12 VDC outlets Complied Complied • Walk through panition. 2 sliding doors Complied Complied • Stainless steel rear bumper ALUMINUM ALU'.\1INUM • With grip strut step • Open door and compartment Indicator Light Complied Complied • Rear compartment side door step well Complied Light. auto with door • Battery isolator • Rear compartment door grab handles • All locking doors • Squad bench with post and wheel EXCEPTION Complied Complied cups for# 11 stretcher Complied • 72"" headroom in rear compartment Complied • Split squad bench with auto hold-open Complied • Below eye-line dash mounted controls Complied • Power fresh air intake fan/power stale Complied Air exhaust fan Complied • 2 rear compartment heater fluid shut off Complied • Heater with 2 blowers at floor level Complied AC at ceiling level Complied • Safe air system or equivalent Complied • Padded chrome Tl:' ceiling assist rail Complied • 1 No Smoking signs front and rear Complied • Be low eye line exterior mirrors Complied • Wiring Diagrams Not stated in bid • Back up alarm with console switch Complied • 6 exterior compartments Complied • Voltage monitor added to auto throttle Voltage protector Complied Complied Complied Complied Complied Complied Complied Complied Complied Complied Complied Complied Complied Complied Complied Complied Complied Complied Complied Not stated in bid o Switch Complied Voltage protector ) I • 0 • • • • .. • - • AM/FM stereo cassene radio Complied Complied • Map light on dash Complied Complied • Aircraft type swi,·el light in rear ceiling Complied Complied • Strobe head in grill ILO standard Complied Complied halogen • Intersector strobes on front fenders Complied Complied When above is use d • Lower rub rail Complied Complied • Stainless steel cot plates on floor Complied Complied • Carpeted engine cover Complied Complied • Tow hooks -front only REAR REAR • Kick plates to be installed at rear Complied Complied • Rear heater to operate from shore line cable Complied Complied • Cot fastener to be a Stryker model 6360 Complied Complied • All service manuals Complied Complied • Part manuals Complied Complied • Wiring manuals Complied Not stated in bid • KKK-C Rating Complied Complied OPTIONS : • IO " Ext. cab w/13 " seat travel Complied/NC Complied/NC • Auto tire chains S2,200 S2,485 • Keyless entry Sl.320 s 787 • 10,500GVW CREDIT CREDIT ($4,980) (S2705)* Clarification 06-14-01 • 15g·· wheelbase Complied Complied BID PRICE: S81,730.00 $84,509.00 OPTION COST: S 3,520.00 S 3,272.00 TOTAL COST: $85,250.00 $87,781.00 GVW COST DIFFERENTIAL S-4,980.00 S -2,705.00 SUMMARY OF BID EVALUATION: Rock y Mountain Emergency Vehicles· bid was not included in the Technical Evaluation because the unit can not be built to meet the Tl" height requirement . ) I . 0 - • • .. • - Upon completion of the Technical Evaluation the following items have been noted : I . McCoy Miller bid was based on a 68"' module and specifications asked for a 72·· module. • Clarification letter dated May 9. 2001 stated that bid was for a 72·• interior height. This was verified by phone conversation on 5-18-01 with Leo Branstetter, McCoy Miller Sales Rep . 2. McCoy Miller specified a Dual 110 amp alternator. Wheeled Coach specified a Dual 130 amp alternator. Both specifications exceeded the required 165 amp specified alternator. 3. Wheeled Coach exception on rear air bag system : ··Rear air bar suspension is not recommended due to the stability of the proposed ambulance and it 's reliability. but can be added for a cost of S350 .00. 4. Both bidding agents can not supply a pillar-mounted spotlight because the application will reduce the structural strength of the body. 5. McCoy Miller did not include Service and Part Manuals in their bid. 6. Neither company stated wiring manuals in their bid . Coattms: I. Rural Metro has experienced circuit board problems with their McCoy Miller Rescues at an average rate on one (I) board a month . There are no field replaceable pans and when the board malfunctions the entire circuit board had to be replaced . Spoke with McCoy Miller representative and he did state that problems do exist but the apparatus has a 7-year warranty on all electrical parts . This is an area of concern for me. 2 . The difference in cost between the 10,500 GVW and the 14,050 GVW varies greatly between the two companies . McCoy Miller: S4.980 Wheeled Coach: S2 ,705 . This being the price encumbered by the Fire Division . Bid Choice: McCoy Miller I . 0 xi ]- • • • ORDINANCE NO ._ SERIES OF 2001 ... • • - J/a1 BY AUTHORITY A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 1A. OF THE ENGLEWOOD MUNICIPAL CODE 2000. PERTAINING TO DOGS AND CATS. WHEREAS, the recommended time between vaccinations for dogs and cats has changed over time : and WHEREAS , this Ordinance will update the dog and cat regulations to reflect those changes; and WHEREAS, the Englewood Code Enforcement Advisory Committee has reviewed the current dog at large provisions of the Englewood Municipal Code and has determined that control by voice command has proven inadequate to maintain control of dogs when the dog s are away from the premises of the owner or keeper ; and WHEREAS , the Englewood Code Enforcement Advt sory Committee has recommended the City require that all dogs be on a leash when away from the premises of the owner or keeper; and WHEREAS, the Englewood Code Advisory Committee has reviewed the cruelty to dogs and cats provisions of the Englewood Municipal Code and recommends modifications to properly care for such animals ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY CO NCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section 1. The City Council of the City of Englewood , Co lorado hereby amends Title 7, Chapter lA, Section 1, of the Englewood Municipal Code 2000 , to read as follows ; 7-lA-l: Definitions. For the purpose of this Article , certain terms and words are herewith defined as follows ; Adjoi1ting Owners. Reside1tts: The owners and residents of lands that are s upported by a common boundary line . . 4t,..:,""" Gm,P'l!ll ()ffi,eero : The peree11 er peree11s empe .. erea h, the Ci~ ts e11ieree the preU"isie11s sf this ,'d'tiele. A1ti111.al Shelter: Any premises designated by the City for the purpose of boarding a nd caring for any animal impounded under the provisions of this Article or any other ordinance or law of the State of Colorado. • ) I • 0 • • -• • • • Attack: Any dog or cat that, without provocation. including the definition from Section i-lA-lO(C) E.\\IC bites or attacks human beings , or in a vicious and terrorizing ... manner attacks, or approaches in an apparent attitude of attack, a person anywhere within this City, or a dog or cat that runs after and bites, barks or growls at any other animal. bicycle or any vehicle being ridden or driven upon the streets, sidewalks or any public ground or other place open to the general public within this City. Cat: A domesticated carruvorous mammal Felis Catus. This does not include any felidae not domesticated such as lion . tiger. wildcat, etc. which are included within the provisions of Section i-1.C-3 EMC . Dog: A carruvorous domesticated mammal of the carune species, Canis Familiaris and the product of Cams Lupus havmg been bred Canis Familiaris. The following are excluded from and are not a pan of this definition: Jackals; foxes ; and related animals; and wolves, Canis Lupus all of which come within the provisions of Section 7-lC-3 EMC. Dog or Cat, Castrated Male (Neutered): Any male dog or cat upon wluch alternatn·e surgery of the genital organs has been performed by a licensed veterinarian and accompanied by a cenificate asserting such operation has been performed . Dog or Cat, Female (Not Spayed): Any dog or cat of the female gender upon which no alternative surgery of the genital organs has been performed . Dog or Cat , Female Spayed: Any female dog or cat on which an ovariotomy or ovariohysterectomy has been performed by a licensed veterinarian and accompamed by a certificate asserting such operation has been performed . Dog or Cat, Male (Not Neutered): Any dog or cat of masculine gender upon which no alternative surgery of the genital organs has been performed. Dog or Cat Owner: Any person keeping, harbormg or having the full or tempor a ry care of a dog or cat at the time any violation of this Anicle 1s committed . Dog or Cat , Stray and/or Running at Large: Any dog or cat witlun the City hm1ts , outside of owner's property, unaccompanied by owner as defined herein . Grievou.s Bodily Harm: Bodily injury which involves a substantial nsk of death. serious permanent disfigurement, or protracted loss or impairment of the function of any pan or organ of the body . Guard or Attack Dog: Any dog trained to attack a person , or acquired for the purpose of patrolling property or attacking any person. Also included 1s any dog whose a cti on s ha ve previously resulted in a conviction of its owner of a v10lation of Section i-lA-10 EM C &;. Hobby Breeder: Any person who . outside of his regular course of employment, is breeding purebred dogs in an attempt to improve the breed through controlled propagation, thus achieving carefully desired qualities and traits . Kennels or Cattery: Any place where dogs or cats are born. bred. raised . boarded. fed or sold , for any valuable consideration. but shall not include a household which sells only the offspring of a female dog or cat maintamed solely as a family pet. 2 . . I • 0 - • • • • • -' Rabi.es: A viral encephalitis, al most alway fatal to both wild a nd domestic a nima ls . that may affect any warm-bloo ded animal but I mos t co mmon in carnivores a nd new world bats. In the United States. foxe s. s kunk s a nd raccoo ns a r e t he maj or wild carnivore hosts , though domestic dogs and cats r emam the most important ource of human expos ure. Sectjon 2. The City Council of the City of Engl ewoo d , Co lorado her eby amends Title i . Chapter lA , Sections 2 and 3. of the Englewood :\lumc1pa l Code 2000 , to r ead as foll ows: 7-lA-2: Running at Large Prohibited . A. Dogs at Large. It s hall be unlawful fo r a ny own er or person havmg the ca re. custody and control of any dog to allow s uch dog to run at large m th e Ci ty . ttHle ss 31:1 e!. tleg is ttnner the reasenaele eentrel ef 31teh e .. ne r er 13ersen . B . +., For the purpose of this Section. a dog s hall be deemed to be running a t large when off or away from the premises of the ow ner. po ssessor or kee pe r thereo f and not 1tnner the eentrel ef s1:1eh e .. ner. 13essesser er keeper ... he s hall be eempet:ent te eentrel stteh neg anil. .. he ma) ee ref!1tH ell. te tlemenstrat:e te a 111e111her ef the Ci~ Persennel, !Hs er her ahilit, te eentrel ~1:1eh !leg .. hene, e, s1teh !leg is net kept en er eentrelletl e) 8 leash . eertl er etHHfl net t e e.1eeetl ten feet (Hl '). Cit, shell meinteiH e reeern ef all enimels -pe1tHtietl tegethe, ,nth e-H fees eelleeteil. on a le ash h eld bv a pe r son able to co ntrol the d og. ~. ~let .. ithstanil.1ng an, ef the pre11s1ens ef this Seetten. " !leg s hell be seemed net 1tntier reasenahle eentrel , hen en, ef the felle. ing eeHwttens eeettl': &. The tieg ift9iete tiamage er il'lltti-, h) l!!ttng , Jltfllplftg 1tpen , pel11ttlflg ef, egetatien, er Ii, tin .. et.her mean _ .. hatsee er. te the persen er prepert, ef 8ft) ene ether thttn the e .. ner, e.1eept tfl the tlefense ef the e" ner, ms t11111H, er pre11ert,, er an, neg ttntler the eentrel tint! ee111111an!I ef ti peliee efiieer '" the eettl'ae ef ltts tlttt_,. &. In the ease ef an) ttftSP8) eel female tieg . h1le sa id !leg 1s '" estrtts (in heat er'" se11aen) !189 n et see 11relJ eenfiHea '"thee fl er 's ,t11d . pen er ether eHeleettl'e . Dogs Not Unde r Reasonable Control Neto 1thst1tl'l8>P1g 8ftJ ef the pre. tsiens ef tftl.S Seetien a tieg shall lie tieemeti net ttntier reasenahle eentrel .. hen llfl) ef the felle.,mg eenfti.ti.ene eeettl'. It s hall be unlawful for the perso n having the care custody and co ntrol of any dog to not maintain that d og under reason a bl e co ntrol. otwithstandjng any of the provisio ns of Section A a dog shall be deemed not under reasonable control when any of the followmg co ndition s occ ur : The dog inflicts damage or imury bv b1tmg )Umping upon polluting vegetat10n or by any other means whatsoever to the perso n or property of anyone other than the owner except where the dog acts in t he defense of t he owner his family or property· or except where the dog 1s under the control and command of a po)jce officer in the course of h1s/her duty . 3 • I • 0 ] • • • • •• - ~ In t he case of a ny uns p ayed fem a le d og while said dog is m estrus (in h eat or in season) a nd not secure ly co nfine d in the owner ·s va rd. pe n or othe r e nclos ure. ~-B . Ca t s. It s h all be unla wful fo r a n y owne r of a cat to a llow s uch ca t to run at la r ge m the Ci t y a nd t o be com e or cr eate a nws a n ce . No tw iths t a nding a n y othe r provi s io n s of this Se ction. a cat s hall be deeme d to b e a nuis ance whe n a n y of the fo ll ow m g co nditions occur: 1. The cat infli cts dam age or inj ury by biting, jumping upon . pollutmg of vegetation or by a n y othe r mean s wh atsoever . to t he pe r son or prope r ty of a n yone other than the owne r . 2 . In the ca se of a n y uns payed female cat , while s aid cat is in estrus (in h ea t or in season) a nd n ot s ecurely confined in the owner's yard . p e n or othe r e nclosure . &. .tle11.a1t,. !u,, enner er pe19"n fauna gtttlt, e f ,ielaang !In~ eftl,e pre .is 1e n s e fthi s Seetien shall l,e ptttti:shea ae pre,11iea '" Seetien I I I. Sngleaeeli ?.lt1n1 e1pal Celi e ~- 7-lA-3: lmpoundment of Animals; Notice. Disposition. A. Any dog or cat or dogs or cats, found running a t la r ge a n d/or creati n g a p u b lic nuisance , and any dogs or cats s ubject t o cruel t r eatme nt a s s pecifi e d in Se ctio n 7- IA-7 EMC , may be taken by the Animal Centre! Offieer Citv a nd impounde d in the s helter des ignated -~ the C ity Afflfflal Shelter a nd the re co nfine d in a humane manner for a period of not le ss than s ix (6 ) days a nd may the r eafte r be di s p osed of in a humane manner if not claimed by the ir owne r s . Dogs or ca t s ft6f, m av be cl a i me d by the ir owners before the e xpiration of s ix (6) d ays, Dogs or cats n ot daim e d by th ell owners before the e xplfatlon of s jx (6 ) d a vs may be di s p ose d of a t the dis cre tion of the City .\mmal Centre! Ofliee1 . exce pt as h e rein a fter p r onde d . B . The ."mtmal Centre! Oflieer .QJ;y m ay tra n s fe r t itle of a n y dog or cat he ld a t t h e Anima l S h e lter t o the Sooety fo r the Prevention of Crue lty to Anim a ls a fte r t h e le ga l detentio n pe ri od h as e xpi.re d a nd s u ch d og or ca t ha s n ot been cl a im ed by its own r . c . Whe n d ogs or cats a r e fo und running a t large a nd the ir owne r s lup is known to ~ .\.ni:111111 Cantrel Oflieer City pe r sonne l , s u ch d ogs or cat s n ee d n ot be impounded . but s uch eftieer.-personnel may cite the owners of s uch d ogs or cats t o a pp ear m co urt or the Violations Bureau to answe r ch a rges of t h e viola ti on of t his Arti cl e . D . Immedia tely upon impounding dogs or cats . the Ammal Centre! Offieer Citv s h a ll make e very possible , reas onable e ffort to n otify the owne r s of s u ch dogs or ca t s so unpounded and mform s uch owners of t h e cond1t1 on s w h e r e by they m ay r egain cu s tody of s uch dogs or ca ts. 4 • ) I • 0 • I • • • • ... • - Sect19n 3. The City Cou ncil of the City of Englewood , Colorado h ereby amends Title 7. Chapter IA , Section 5 . of t he Englewood Municipal Code 2000 . t o read as follow 7-lA-5: Vaccination Required . The owner of each dog or cat which is s ix (6) months of age or old e r h a ll cause md dog or cat to be vaccinated against rabies with either annual or three /31 vea r r a b,e. se rum . Such vaccination shall be repeated thereafter as required bv the erum . Dog s or ca t s s hall be vaccinated by any veterinarian licensed to practice veterinary medicine . A certificate of vaccmation, in duplicate , shall be completed by the veterinarian. one copy to be issued to the dog or cat owner and one to be retained in the veterinarian·s file s . Any dog or cat in the custody of the City IH!~ peliee effieer, .\ai:mel Cefltrel Offieer or in the Ci~ petttui shall be released to the owner of said dog or cat fo r a period of time not to exceed five (5) days in order to obtain the vacci nation of the dog or ca t . Section 4. The City Council of the City of Englewood, Colorado her eby a mends Title 7, Chapter IA , Section 7, of the Englewood Murucipal Code 2000 , to r ead as follows : 7-lA-7: Cruelty To Dogs And Cats. Q· It shall be unlawful to kill. main, disfigure, torture , torment. neglect. beat with a stick. burn or scald with any s ubstance , or cause a dog or cat to e ndure unreasonable or uniustifi.able pain, suffering or injury. ~ Care 011d Mainte,umce . It shall be unlawful for any person keepmg or harboring a nv dog or ca t to fail or refuse to provide such dog or cat with proper food drmk s hade and s helter Proper food drink shade and s helter s hall reqY1re that : t t ~- Each dog or cat shall receive an adequate dailv supply of clean fresh food suitable for the nurture of the s pecies' physical condit10n and age s ufficient to maintain a healthy level of nutrition Each dog or cat shall at all times have an adequate and accessible s upply of dean fresh potable water and such water s hall be provided either free-fl owing or m a clean stable receptacle. Each dog or cat housed outdoors shall have co nvenient access to a ppropnate weather and temperature-resistant s helter throughout the ve a r . Anv s helter s hall be structurally sound dean adequately s ized a nd mamtained m good repair to protect the dog or cat from 1mury and from the elements . The living area for the dog or cat shall have adequate dramage such that the dog or cat shall be free to walk Sit stretch or he down on a dry s urface . 5 • ) I • 0 ] • • -• • l• :,• • - g. If a dog or cat is housed outdoors in addition to a s helter it s h all be proV1d ed with an e nclos ure to minimize ris k of injury a nd to provide s uffi cie nt s pace to enable freedom of movement and e xercise. Sectjon 5. The City Council of the City of Englewood . Co lorado hereby amends Title 7. Chapter lA, Section 8-1 , of the Englewood Muruc1p a l Code 2000. to rea d as follows : 7-lA-8-1: Removal of Escrement; Damage to Shrubbery or Plants. A. It s hall be unlawful for any person m possession of. h a r bo ring , or in charge of any dog to refuse or fail to remove forthwith, excreme nt deposited by said dog upon a common thoroughfare , street, sidewalk , play area . p a rk or upon other public property, or upon any private property w1thm t we nty-fo ur (24) ho urs after being B. deposited, "hen permtssien ef ~he e 111 ner er ~nant ef 3aili prepert~ n!ls net eeen ehlaineli , and such is hereby deemed to be a public nw sance a nd prohibited . Dog excrement shall not be placed in storm sewer s but s hall be dis posed of in a sanitary manner. It shall be unlawful for any owner, possessor or pe r son who keeps a ny dog to permit such dog, whether or not running at large , to de str oy , damage or miure any s hrubbery, plants. flowers , grass, lawn. fence or a nythin g whatsoever upon a n y public premises or upon any private premises owned or occ upied by a pe r so n othe r than the owner, possessor. or keeper of s uch dog , a nd the ame 1s h e r eby declared t o be a public nuisance and prohibited. Sectjon 6 . The City Co uncil of the City of Englewood , Co lorado h e r eby amends Title i . Chapter lA, Section 11 , of the Englewood Municipal Code 2000. to read as follows : 7-lA-11: Destruction Hearing. A . Whenever the co nduct of any dog or cat has r esulte d in two (2) com ,;ctions of offe n se proscribed in Section i -lA-10 EMC efthe Eingle .. eeli Mttn1e1pal Celie within a co n secutive two (2) year penod; or is respons ible for mllicting death or gr1 eYo u s bodi.ly harm upon a human being, the City of Englewood may initiate a hearing in the Engle w ood Municipal Co urt petitioning that court for a n orde r of des truct10 n of that dog or ca t . B . Notification will be given to the dog or cat owner, as the nam ed res ponde nt. of the hearing date . place, a nd time no later than fifte e n (15) days prior to the he a ring . This nouce wi.ll be accompamed with information on which the hea ring 1s based. C . Exce pt as othe rwi se provided herein . the hearing will be conducted in accordance with the provisions of Section 1-10-1 EM{;, ef Eingle»eeli Mttrtteipal Celie ef 2888 , notice and hearing procedures. The City of Englewood will have the burde n of proVl n g the allegations by a preponderance of the evidence . The respondent is enmled to be represented by counsel at respondent's expense and has the right to cross e xamine any witness called by the City , the right to present witnesses a nd ev id ence . a nd to testify or not. 6 .. ) I • 0 • • • • . . • - D . The Municipal Court will determine at the hearing whe ther the dog or cat , be ca u se of its vicious propensities , presents clear or present danger to the safety of the citizens of Englewood . When the dog or cat has been the s ubj ect to two (2) co m-;ction s of attack not re sulting in grievou s bodily harm , or property damage of fiv e hundred dollars ($500 .00) or more within a two-(2) year period. or it is res pons ible for inflicting death or grievous bodily harm upon a human being, the r e is a presumptio n the dog or cat has vicious tendencies a nd presents a clear a nd pr esent d a nge r to t he safety of the citizens of Englewood . This presumption ca n only be r eb utted by clear and convincing evidence to the co ntrary. Upon the co urt's determ i nat10 n t hat t h e dog or cat presents a clear or present danger t o the safety of Englewood cmze ns. t h e court will order the City t o destroy the dog or cat forthwith . E. If the dog or cat is not confined by the City m tke Eingle .. 668 Ammal 9helte r , t he City may petition the Englewood Municipal Court for a fo rthwith ord er to co nfine the animal pending the outcome of the destruct10n he aring , a nd the costs of said confinement will be a ssessed by t he Municip a l Co urt at the termina t io n of t h e hearing. Sectjon 12 Safety Clause s The City Co uncil her e by fi nd s , determine . a n d decla r es that this Ordinance is promulgated under the ge neral police po wer of the Ctty of Englew ood. that it is promulgated for the health , s afety. a nd we lfa r e of t he pu bli c. a nd t hat t hi s Ordinance is necessary fo r the prese r vation of health and s a fety a nd fo r t he protecu o n of public convenience and welfare. The City Co uncil furt he r dete rmines that t he Or d ina nce bears a rational relation to the proper legislative obje ct sou ght to be obtained . Section 13 Seyerahjlity If any clause, sentence. para graph . or part of this Ordinance or the application thereof to any person or circumstances shall for a ny r eason be a djudge d by a court of competent juris diction invalid, such judgment s hall not a ffect . impa ir or inva lidate the remainder of t his Ordinance or it application to other person s or circumstances. Sectjon 14 Inconsistent Ordjnances All other Ordinances or portion s the reof inconsistent or conflict ing with this Ordinance or a ny portion he r eo f are he re by r epeale d t o the extent of such inconsistency or conflict. Section 15 Effect of repeal or modjficatjon The r e peal or modifica tion of a n y provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify , or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurre d unde r such provis ion , a nd each provi s ion s hall be treated a nd held as still remaining in fo r ce for t he purpose s of s ust a ining a ny and a ll proper actions , suits. proceedings, and prosecut ions fo r the enforce me nt of the pe nalty, fo r fei ture , or li a bili ty, a s well as for the purpose of s ustaining a ny Jud gme nt, d ecree . or ord er which ca n or may be rende r e d , e ntered , or made in s uch actions , s uits , pr ocee ding s . or prosecution s . Sectjon 16 .&'.n.altv. The Pe nalty Provision of Secti on 1-4-1 EM C s h a ll a ppl y to each a nd eve ry violation of this Ordina nce . Introduced. re ad in full. and passed on fir st reading on the 6th day of Augus t . 2001. 7 • . ' ) I • 0 • • • • . .. .. • - Published as a Bill for an Ordinance on the 10th day of August, 2001. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood. Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of August, 2001. Loucnshia A. Ellis 8 I • C, • • • • ',• .. • -... COUNCIL COMMUNICATION Date Agenda Item Subject: August 6, 200 1 1 1 a i Titl e 7 C hapt.1 A Revis io n INITIATED BY: STAFF SOURCE: C ity C o uncil Bo b M oore. Pat ro l Ope rati o ns Div . C hi ei COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Engle w o o d Ci ty C o un cil rece ives ad vice o n p ol icy matte rs p e rtainin g to code e nfo rce m e n t fro m the C o de Enforcement Advis ory C o mmittee (CEAC ). Fo r th e past e ight m o nth s, th e CEAC has bee n revie w ing Title 7, Chapter 1 A o f th e Engle woo d Municipal C o d e (E.M.C.) and has de c ided o n a n u m be r of rec o mmended changes . Th ese changes were p resented t o C ity C o unci l at Stud Sessi o n o n M av -;, 2001 , and recommendatio ns made at th at m ee t in g have been i nco rp o rated . RECOMMENDED ACTION Staff desires that the c hanges as p ro p o sed in the atta ched rev isi o n be apprm ed. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED There are 11 actual changes to Titl e 7, Chapter 1 A : 1. Se cti o n 7-1 A-1 D efi nitio ns. D elete definiti o n o i Animal C o ntro l Office r. Th is cha n ge refl ect s t h e city's p o licy of no t namin g sp ecific individual s o r fun cti o ns in the E.M.C., bu t instea d refe rr in g t o "the City" as the indivi dua l res p o nsibl e fo r takin g acti o n . This change, and m any o th e rs m en ti o ned later in this re visi o n, w as e nabl ed by Ordinan ce 7, CY 2000. 2 . Secti o n 7-1 A-2 A D o gs at Larg e. D elete phrase " ... unless such d og is under th e re as o nab le co n tr ol o f su c h own e r o r p e rso n". Th e CEAC rec o mme nds th e re v o c ati o n o f th e o p po rtuni ty fo r d o gs to run at larg e w hen under reas o nabl e c o ntro l. Item #4 bel o w re quires res tr aint o n a leas h ; therefor e this phrase is no lo n ger ac curate o r nee d ed . 3 . Secti o n 7-1 A -2 A 1. D ogs at Lar ge . Del e te p hrase , add phrase. This chan ge rem o ves th e o ppo rtunity fo r dogs to run at large in th e city w he n under th e reas o nable co ntro l o f th e o w n e r o r pe rso n, an d in stitutes a re quirement that an y dog no t o n the p rem ises o f its o w n e r be o n a leas h he ld b v a pe rs o n able t o contro l th e do g. The CEAC b elieves o nl v d o gs res train e d o n a leash bei n g he ld by a pers o n able t o control the do g constitutes p ro per co ntrol. 4 . Sec ti o n 7-1 A-2 A 2. D ogs at Large . Del ete entire sec ti on. Re-numbe r as Secti o n 7-1 A-2 8 . Th is sec ti o n, slightl y modified, identifies spe cific ins tances w h en a d og is n o t unde r rea so n ab le contro l. such as w hen a d og bites so m eone, infl ict s damage o r in ju ry, o r is in estrus (in hea t o r in se as o n ) and no t co nfined on the o wne r 's pro p erty. 5 . Sec ti o n 7-1 A-2 C. Pe nal ty . De lete e ntire se cti o n . Addres se d els ewhere in E.M .C. 6 . Sec ti o n 7-1 A-3 A . lmpo undment o f anim als . Addi tion o f p hrase " ... and any d ogs o r ca ts subjec t to c ru el treatm e nt as specifi ed in Secti o n 7-1 A--; ... " At p rese nt, En glewood code enfo rce m e nt o ffi ce rs c an o nl y impo und an imals that ar e ei th er ru nni ng at lar ge o r are crea tin g a publi c nuis ance. Additio n o f this co nditi o n all ows co d e enforce m ent o ffice rs to als o impo und an animal b ei n g tre at e d cruell y b y its owne r . • I • 0 - • • • J·~, ... 4, .-' • ~ -' 7. Section 7-1 A-3A, B, C, D . lmpoundment of animals. These changes reflect the city's policy of not naming specific individuals or functions in the E.M.C.. but instead referring to "the City" as the indiv idual responsible for taking action. These changes were enabled by Ordinance 7, CY 2000. In addition, some grammatical changes were made to enable easier reading. 8. Section 7-1 A-5 Vaccination required . A new rabies serum is now available that is effective for three ye ars . The o ld code required annual administration of a rabies serum ; this change makes the three- year vaccine an alternative. 9. Section 7-1 A-7B 1, 2, 3, 4 and 5. Care and Maintenance. These c hanges specify a number of additional requirements that must now be met fo r proper pet ca re . Notabl y, it places more conditions on water bowl design , shelter co nstruction, li vi ng areas , and exercise areas . 10. Section 7-1 A-8-1 ·A. Removal of Excrement. This section adds a requirement that exc rement deposited by pets on private property must be remo ve d within 24 h o urs . Th e previous code allowed excrement to remain on private property indefinitely with the permission of the private property owner. This additional requirement is deemed ne cessary as th e odor from significa nt amounts of pet excrement can be extreme, ca n drift off-property, and ca n be a nuisance to a neighbor or neighborhood. 11. Section 7-1 A-11-E . Destruction Hearing. This cha n ge reflects the city's p o licy of not naming spe cific dates, indivi duals or functions in the E.M.C., but instead re ferring t o "the City" as th e individual responsible for taking action . This change was en abl ed by Ordinance 7, CY 2000. FINANCIAL IMPACT Initially, code enforcement anticipates some overtime expenditures in o rder to contact individuals (v iolators) in parks and on public streets to adv ise them of the new laws. Some of this expense can be offset with flexible work scheduling. Once the ordinance becomes effective, additio nal overtime expense can be expected as officers respond to calls for service after hours. UST OF AITACHMENTS Propose d Bill for an Ordinance· Section 7-1 A , E.M .C. • ,. '\ .. • -· ~ • I • 0 32X ] • • -• ORDI NANCE NO. SERIES OF 200 1 ' · .. • • - BY AUTHORITY ABJLLFOR COUNCIL BJLL NO. 37 I NTROD U~ <ta<}YKCIL MEMB ER~.,..~-~~/~t;-~~-- AN ORDINANCE AMENDING TITLE 7, CHAPTER IA, OF THE ENGLEWOOD MUNICIPAL CO DE 2000 PERTAI NING TO THE NUl'vlBER OF ANIMALS MAINTAINED AT A HOUSEHOLD OR PREMISES. WHEREAS , t he current ordinance limits the numbe r of animal s all owed to be maintained at one h ou seh old or premises to two dogs and two cats; a nd WHEREAS , this a mendment will set that number at fo ur animals in any combination of dogs and cats ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon 1. The City Co uncil of t he City of Englewood , Colo r a d o h er eby a me nd s Title 7, Chapter l A, Section 4, of the Englewood Municipal Co de 2000 , to read as follo ws: 7-lA-4 : Number of animals m aintained on premises ; license r equire ments. No household , place or pre mi ses may h ave mor e than~ fo ur (4) dogs o r cats over six (6) months of ag e without first havi ng procured a City hobby breeder 's license as hereinafter provid ed . These four (4 ) animals mav be in any co mb i nation . By wav of example: a household may have three (3) dogs and one (1) cat or a n v ot he r com bin ation of dogs and cats so long as the total numbe r does not e xceed fou r (4) animals . A City hobby breeder's license shall n ot be require d wher e the place or premises are currently licensed as a pet shop or boarding k ennel , purs uant to section 12-5 7-101 et seq. C.R .S . 1973 .. \:ll. hsttsehsliis prese rttl) sorting tnree (3) iisgs s 1 eats "idlBttt a hsl,l,3 hreeiier's lieert se ma) mairttaiH d,e tMee (3) iiegs S P e ats eltf'l'efttl) s .. rteii httt shaH Hst lftBtfttaift mere thaH tns (2) iisgs sr eata 'tlJIBft the iiettth sr Issa sfs .. ne,skip efsrte sr mere sfthe ettPreHti) enHeii three (3) ii sgs e r eatee Sectjon 2 Safotv Clauses The City Co uncil h er eby finds. dete rm in es, and declares that this Ordinance is promulgated under the ge ne r a l police power of the City of Englewood , t h at it is promulgated fo r the health , safety , a nd welfare of the public, a nd that this Ordinance is necessary fo r t he preser vatio n of health and sa fety and for the protection of public co nveru e nce a nd welfare. The City Co uncil furthe r determmes that the Ordinance bear s a rationa l r elation to the proper leg1slat1ve ob1ect sought to be obtained . -I - . ' I • 0 • • • • - COUNCIL COMMUNICATION Date Agenda Item Subject: August 6, 2001 11 a ii umber of Animals INITIATED BY: STAFF SOURCE: City Co uncil Bo b M oo re , Patrol Operations D1\. Chi et COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council has proposed to remo e the current limitation o n the number of dogs and cats permitted in a residence from "two dogs or cats " and raise that limit to four dogs o r cats. The proposal was presented to the Code Enforcement Advi sory Committ ee (CEAC ) at its April meeting and th e committee met separately to discuss it. The committee oted unan imous! in support of th e c urrent limitation of two dogs and two ca ts , and rejected any propo sal to increase that all owa nce to fou r dogs. Their recommendation was presented to the Ci ty Co un c il at Stud y Session o n May 7, 20 0 1. Wh en asked if the propos al was unanimous, the CEAC Chairperson replied it w as . When asked if th ere was any specific justification for their de ci sion , the Chairp erson said that because lot siz es in Engl ewood were quite small and houses situated close together, a gathering of dogs would invariabl ca us e m o re noise and excrement (odor), thus disturbing the neighborhood and causing a loss of enj oyment of the neighborhood b y adjoining neighbors. RECOMMENDED ACTION Sta ff desires that the proposal be discussed at Co uncil meeting . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED See Council Goal and Pre vious Council Action. In addition to discussing the number of animals pe rm itted, this amendment deletes a "grandfather" cla use that permits three dogs be maintain ed "present! " at an property in Englewood. This was wri tten into th e code in 1980 with th e understanding it would grandfather all ho useh olds with thre e do gs at that time , and thus, th ere sh o uld b no households with more than two dogs 21 yea rs later. But lea vi n g the word "presentl y'' in th e code has permitted three dogs to the present tim e. Rem ova l or modification of this grandfa th er cla us e ,ou ld lunit all households to two dogs at some date in the fu tur e. FINANCIAL IMPACT o ne LIST OF ATTACHMENTS Proposed Bill for an Ordinance· Se c tion 7-1 A-4 , E.M.C. • I • 0 - • • • 1•. ~I' .. • • - .. ' Sectjon 3 Seyerabjlity If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any perso n or circumstances s hall for any reason be adjudged by a court of competent jurisdiction invalid, s uch judgment s hall not affect, impair or invalidate the remainder of this Ordinance or it ap plicatio n to other persons or circumstances. Section 4 Inconsjstent Ordjnances All other Ordinances or p ortion s thereof inconsistent or conflicting with this Ordinance or any portion hereof are h ereby repealed to the extent of such inconsistency or co nflict. Sectjon 5 Effect of repeal or modjficatjon The r epeal or modification of a n y provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any p e nalty , forfeiture , or liability, either civil or criminal, which s hall h ave been m curred under such provision , and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, swts, proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, d ecree, or order which ca n or may be rendered, entered, or made in such action s, s mts, proceedings. or prosecutions. Sectjon 6 .&.na.)J.v. The Penalty Provis ion of Section 1-4-1 EMC s h all apply t o each and every violation of t h is Ordinance . Introduced, read in full , and passed on first reading on the 6th day of Augus t. 2001. Published as a Bill for an Ordinance on the 10th day of August, 2001. Thomas J . Burns , Ma yo r ATTEST: Loucrishia A . Ellis, City Clerk I , Loucrishia A . Ellis, City Clerk of the City of Englewood. Co lorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced , r ead in full , and passed on first reading on the 6th day of August, 200 I. Loucrislua A. Ellis -2- • I • 0 ] • • -. ORDINANCE NO. SERIES OF 2001 • .. • - BY AUTHORITY A BILL FOR l[Lii j COUNCIL BILL NO. 48 INTRODUC~ MEMBER_~--~~-- AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO, ACTING BY AND THROUGH ITS STORM WATER ENTERPRISE, AUTHORIZING THE ISSUANCE OF STORM WATER ENTERPRISE REVENUE BONDS , SERIES 2001, FOR THE PURPOSE OF FINANCING CAPITAL IMPROVEMENTS FOR USE IN ITS STORM WATER ENTERPRISE; PRESCRIBING THE FORM OF THE BONDS; PROVIDING FOR THE PAYMENT OF THE BONDS FROM THE OPERATION OF THE STORM WATER SYSTEM; AND PROVIDING OTHER DETAILS AND APPROVING DOCUMENTS IN CONNECTION WITH THE BONDS. WHEREAS , the City of Englewood. Colorado is a municipal corporation duly organized and operating as a home-rule city under Article XX of the Constitution of the State of Colorado and the Charter of the City (unless otherwise indicated. capitalized terms used in this preamble shall have the meanings set forth in Section 1 of this Ordinance); and WHEREAS , as codified in Title 12 , Chapter 5 of the Municipal Code. the City has established its Storm Water Enterprise; and WHEREAS , the Storm Water Enterprise constitutes a ··water activity enterprise·· within the meaning of the Title 3 7, Article 45.1, C .R.S ., and a government-owned business which is authorized to issue its own revenue bonds and which receives under I 0% of annual revenue in grants from all Colorado state and local governments combined. and it is hereby determined that the Storm Water Enterprise is an enterprise within the meaning of Article X. Section 20 of the Colorado Constitution; and WHEREAS , the Council has heretofore determined and does hereby determine that it is necessary to construct , acquire and install the capital improvements which will comprise the Project for the benefit of the City and its inhabitants ; and WHEREAS , pursuant to Section I 05 of the Charter the City may issue revenue bonds as provided for municipalities by State statute and revenue bonds for a storm water enterprise are permined under Title 31 , Article 35 , Part 4, C.R.S . and Title 37 , Article 45 .1. C.R.S .; and WHEREAS. the Council does hereby determine that it is in the best interests of the City , and the residents thereof, that Storm Water Enterprise Revenue Bonds. Series 2001 be issued to finance the Project : and WHEREAS , the Council has been presented with a proposal from George K. Baum & Company, of Denver. Colorado, to purchase the Bonds upon specified terms and conditions and. 02-92532.02 • ) I . 0 - • • ~· Dille August 6 , 1001 INITIATED BY Utilities Department • .. • - COUNCIL COMMUNICATION Agenda Item 11 a iii STAFF SOURCE .. Subject Ordinance Approv ing Re venue Bonds for the Dartm o uth A venue Storm Sewer Proje ct Stewart H. Fonda . Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The original Stormwater Fund was established in February 1985 to provide system maintenance, NPDES permitting. plan reviews and field locates but did not provide for major capital improvements and rehabilitation . Staff is recommending Council approval of a resolution for Award of Contract for construction o f the storm sewer project and an ordinance approv ing the stormwater fee in c reas e to mee t the bond obligation at the August 6, 1001 meeting. RECOMMENDED ACTION The Utilities staff recommends Council approval of re venue bonds to finance the constructio n o f th e Dartmouth A venue Storm Sewer Rehabilitation Project in the amount of$ 1.6 75 millio n. Of this am o unt. $200,000 is for the bond reserve fund . underwriters iee and required insuranc e. BACkGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Utilities Department c onducted an inventory study of the City's storm sewer system and found a st o rm sewer line in the 1400 through the 1400 blocks of W . Dartmouth Avenue in need o f rehabilitation. Th e existing storm sewer has experienced degradation to a level that immediate rehabilitation is necessary sin ce the lower portion of the line is completely disintegrated. FINANCIAL IMPACT Since a guaranteed revenue stream is necessary to support the requested b o nding issue , a rate increase is being propo sed to support this project resulting in an annual increase of $9 .86 p er residence per year. LIST OF ATTACHMENTS I . Ordinance •· . ' I • 0 • • -. • •,' • - after consideration, the Council has detennined that the negotiated sale of the Bonds to said company is to the best advantage of the City ; and WHEREAS , the City has no Outstanding bonds or other obligations having a first lien on the Net Revenue of the Stonn Water Facilities: and WHEREAS , the City Council desires to authorize the issuance and sale of the Bonds and . as provided in Title 11 , Article 57 , Part 2. C.R.S ., delegate the authority to the Director of Finance and Administrative Services to detennine the Dated Date. interest rates and annual maturities for the Bonds, as well as the dates on which the Bonds may be redeemed and the existence of any capitalized interest, in accordance with the provisions of this Ordinance : NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO NC IL OF TH E CITY OF ENGLEWOOD , COLORADO AS FOLLOWS : Section l. Definitions . As used herein , the following capitalized terms shall ha ve the respective meanings set forth below. unless the context indicates otherwise . "Acts" means the Charter, Title 12, Chapter 5 of the Municipal Code: Title 37 . Article 45 .1. C.R.S.; Title 31 , Article 35 , Part 4, C.R .S .; and Title 11. Article 57 , Part 2. C.R.S . "Beneficial Owner" means any person for which a Participant acquires an intere st in the Bonds . "Bond Account" means the "Storm Water Enterprise 2001 Bond Account .'· established by the provisions hereof for the purpose of paying the principal of, premium if any , and interest on the Bonds, including the Interest Subaccount and the Principal Subaccount. "Bond Counsef' means (a) as of the date of issuance of the Bonds. Kutak Rock LLP. and (b) as of any other date , Kutak Rock LLP or such other attorneys selected by the City with nationally recognized expertise in the issuance of municipal bonds . ·'Bond Purchase Agreement" means the agreement between the City and the Purchaser concerning the purchase of the Bonds by the Purchaser and the delivery of the Bonds by the City . and setting forth among other things the Dated Date. interest rates and annual maturities for the Bonds, as well as the dates on which the Bonds may be redeemed and the existence of any capitalized interest . "Bond Registrar" means The Bank of Cherry Creek, N .A., in Denver. Colorado . which shall perform the function of registrar with respect to the Bonds . "Bonds" means the Storm Water Enterprise Revenue Bonds, Series 2001, authorized by this Ordinance. "Business Day" means any day other than (a) a Saturday or Sunday or (b) a day on which banking institutions in the State are authorized or obligated by law or executive order to be closed for business. 02-92532 02 2 ' .. I • 0 - • • • .. •• - "Capital Improvements" means the acqu1s1t1on of land. easements. facilitie s and equipment (other than ordinary repairs and replacements), and the construction or reconstruction of improvements, betterments and extensions, for use by or in connection with the Storm Water System which , under Generally Accepted Accounting Principles for governmental units as prescribed by the Governmental Account Standards Board. are properl y c hargeable as capit a l items . "Cede " means Cede & Co ., the nominee of DTC as record owner of the Bonds. o r any successor nominee of DTC with respect to the Bonds. "Certified Public Accountant" means an independent certified public accountant within the meaning of§ 12-2-115 , C.R.S ., and any amendment thereto. licensed to practice in the State of Colorado . "Charter" means the home rule Charter of the City . "City " means the City of Englewood. Co lo rad o . acting by a nd through its St o rm Water Enterprise. ·'Code " means the Internal Revenue Code o f 19 86. as amended . "Combined Maximum Annual Principal and lmeresr Requirement s" means. with re s pec t to the Bonds or an issue of Parity Lien Bonds for which such term is used , an amount equal to the maximum amount required to be paid in any single current or future calendar year as the principal of (including any mandatory sinking fund requirements) and interest on Outstanding Bonds or Parity Lien Bonds, respectively. excluding any such bonds which have been defeased pursuant to the terms of the authorizing documents . For purposes of calculating the Combined Maximum Annual Principal and Interest Requirements in any calendar year of final maturity of the Bonds or an issue of Parity Lien Bonds, respectively , there shall be subtracted from the final principal payment for said bonds any cash or the present value of any investments deposited in a reserve fund or account established pursuant to the authorizing documents which are properl y allocable to said bonds. For purposes of calculating the Combined Maximum Annual Principa l and Interest Requirements for any issue of securities bearing a variable. adjustable o r other similar rate which is not fixed for the entire term thereof, it shall be assumed that any such securities Outstanding at the time of computation will bear interest during an y period. if the interest rate for such period has not been determined. at a fixed rate equal to the highe st rate borne during the preceding 36-month period or. if the securities have not been out standing for a 36-month period , two-hundred basis points above the rate borne by said securities on their dat e of issuance . ··Continuing Disclosure Undertaking·• means the Continuing Disclosure Undertaking o f the City executed and delivered by the City in connection with the issuance of the Bonds to facilitate compliance with Securities and Exchange Commission Rule I 5c2-I 2 (17 C.F.R . § 240. l 5c2-J 2). "Consulting Engineer" means any qualified. registered or licensed professional engineer practicing under the laws of the State of Colorado. who is independent in fact and not an officer or employee of the City . 02 -92532 02 3 ) I • 0 • • • • • - "Councir' mean s the City Co uncil of the City acting as the governing bod y o f the torm Water Enterprise . ·· .R.s:· mean s the Colorado Revised Statutes, as amended and supplemented as of the date hereof. ··Dated Dare·' mean s the dated date for the Bonds as established in the Bond Purcha se Agreement. "Defeasance Securities·· means bills. certificates of indebtedness. note s. bonds o r s imilar securities which are direct non-callable obligations of the United States of America o r which a re fully and unconditionally guaranteed as to the timely payment of principal and int e re st by th e United States of America. ·'Depository" means any securities depository as the City may provide and appoi nt. in accordance with the guidelines of the Securities and Exchange Commission. which s hall act as securities depository for the Bonds . "DTC'' means the Depository Trust Company. New York. New York. and its successors and assigns . "DTC Lefler of Representations" means the DTC Lener of Repre se ntati o ns from the City to DTC , dated December 29 , 1998 , to induce DTC to accept sec urities of the C ity as eligible for deposit at DTC. '·£vent of Default" means any one or more of the events set forth in the Section here of entitled "Events of Default." "Fi scal Year " means the 12 months commencing January I of any year and ending December 3 I of said year. '·Gross Revenue·' means all income and revenues directly or indirectly derived by the City from the operation and use of the Storm Water Enterprise, including without limitation. any rates. fees and charges for the services furnished by. or the use of. the Storm Water Enterprise. and all income attributable to any past or future disposition s of propert y o r ri g ht s o r related contracts. se ttlements or judgments held or obtained in connection with th e Sto rm Water Enterprise or its operations. and including investment income accruing fr o m mo ne ys held to the credit of the Storm Water Enterprise Fund ; provided however. that there shall be excluded fr o m Gross Revenue any moneys borrowed and used for providing Capital Improvements : a ny money and securities. and investment income therefrom. in any refunding fund. escrow account o r similar account pledged to the payment of an y bonds or other obligations: and any mo ney s received as grants or appropriations from the United States. the State of Co lo rado o r oth er sources. the use of which is limited or re stricted by the granter o r donor to the provision of Capital Improvements or for other purposes resulting in the ge neral unavailabilit y there of. except to the extent any such moneys shall be received as pay ments for the use of the Sto rm Water System, services rendered thereby , the availability of any s uch se rvice or the disposal o f ,m y commodities therefrom . 02-92532.02 4 • I • • • -• 2001 . , . ... • • -' .. Inter est Payment Date .. means each June I and December I. commencing December I. .. Interest Subaccount'· means a subaccount of the Bond Account reaffirmed by the provisions hereof for the purpose of paying the interest on the Bonds . .. Municipal Code·· means the City of Englewood Municipal Code. as amended . .. Net Rel'enue" means the Gross Revenue after deducting the Operation and Maintenance Expenses . "Official Statement" means the final version of the Preliminary Official Statement. ·'Operation and Maintenance Expenses'' means all reasonable and nece ssary c urrent expenses of the City , paid or accrued, for operating, maintaining and repairing the Storm Water System, including without limitation legal and overhead expenses of the C ity directly related to the administration of the Storm Water Enterprise. insurance premium s . audit . charge s of depository banks and paying agents , professional service . salaries and administrati,·e expenses. labor and the cost of materials and supplies for current operation: provided howe ve r. th a t there shall be excluded from Operation and Maintenance Expenses any allowance for depreciati n . payments in lieu of taxes or franchise fees, legal liabilities not based o n contract. expenses incurred in connection with Capital Improvements. payments due in connection with any bonds or other obligations, and charges for the accumulation of reserves . ·'Ordinance" means this ordinance which authorize the issuance of the Bonds. including any amendments properly made hereto . "Outstanding" means. as of any date. all Bonds and Parity Lien Bonds . except the following: (a) any Bond cancelled by the City or the Paying Agent. or otherwise on the City's behalf. at or before such date ; (b) any Bond held by or on behalf of the City ; (c) any Bond for the payment or the redemption of which moneys or Defeasance Securities sufficient to meet all of the payment requirements of the principal of, interest on. and any premium due in connection with the redemption of such Bond to the date of maturity or any redemption date thereof. shall have theretofore been deposited in trust for such purpose in accordance with the section hereof entitled "Defeasing;" and (d) any lost. apparently destroyed . or wrongfully taken Bond in lieu of or in substitution for which another bond or other security shall have been executed and delivered . "Owner" means the registered owner of any Bond. as shown by the registration books maintained by the Bond Registrar. ··Parity Lien Bonds" means one or more series of additional bonds. notes, interim securities or other obligations issued by the City pursuant to the Section hereof entitled "Additional Bonds," having a lien on the Net Revenue which is on a parity with the lien of the Bonds . .. Parity Reserve Amount" means. as of any date on which it is calculated with respect to any issue of Parity Lien Bonds , the least of (a) I 0% of the principal amount of said Parity Lien 02-92532 02 5 • 11 I • 0 - • • • • • - Bonds, (b) the maximum annual debt service in any calendar year on said Parity Lien Bonds or ( c) 125% of the average annual debt service on said Parity Lien Bonds ; provided. however. that the Parity Reserve Amount may be reduced if. in the opinion of Bond Counsel. the funding or maintenance of it at the level otherwise determined pursuant to this definition will cause the reserve account for such Parity Lien Bonds to exceed the amount permined by the Code to be invested in higher yielding investments as a reasonably required reserve amount and replacement fund. "Participants"' means any broker-dealer. bank or other financial institution from time to time for which OTC or another Depository holds the Bonds. "Paying Agent"' means The Bank of Cherry Creek. N.A .. in Denver. Colorado . or it s successor, which shall perform the function of paying agent with respect to the Bonds. '·Pay ing Agent and Registrar Agreement'" means the agreement dated as of the Dated Date. between the City and the Paying Agent/Bond Registrar. concerning the regi stration. transfer, exchange and payment of the Bonds. ··Permitled Investments" means any lawful investment permined for the inve s tment of funds of the City by the Charter and the laws of the State. "Person·· means a corporation. firm , other body corporate. partnership. association o r individual and also includes an executor, administrator, trustee. receiver or other representati ve appointed according to law. ·'Preliminary Official Statement"' means the Preliminary Official Statement concerning the Bonds and the City used in connection with the marketing of the Bonds . "Principal Payment Date"' means any maturity date for a Bond as established pursuant to Section 3 hereof and any date on which a Bond is called for prior redemption pursuant to Section 4 hereof. ··Principal Subaccount" means a subaccount of the Bond Account reaffirmed by the provi sio ns hereof for the purpose of paying the principal of and premium, if any. on the Bonds . ··Project'" means the construction, acquisition and installation of Capital Improvements to the torm Water System and such other improvements as determined by the Council. including all necessary or appropriate appurtenances , property rights and equipment. "Project Account" means the "Storm Water Enterprise 2001 Bond Project Account.'" established by the provisions hereof for the purpose of paying the Project Costs. "Project Costs" means the City's costs properly attributable to the Project or any part thereof and permitted by the provisions of the Acts, including without limitation : (a) the costs of labor and materials, of machinery, furnishings and equipment. and of the restoration of property damaged or destroyed in connection with construction work: (b) administrative and general overhead costs; (c) the costs of reimbursing funds advanced by the City in anticipation of reimbursement from Bond proceeds, including any intrafund or interfund loan; (d) the costs of 02-92532 .02 6 • ) I • 0 • • • • . . • - surveys. appraisals. plans. designs. specifications and estimates: (e) the costs of issuing the Bonds ; and (t) all other lawful costs as determined by the City Manager. "Pro Rara Portion " means when used with respect to a required credit to the Principal Subaccount or the Interest Subaccount. the dollar amount derived by dividing the amount of principal or interest to come due on the next principal or interest payment date by the number of monthly credits required to be made prior to such payment date . "Purchaser" means George K. Baum & Company. the original purchaser of the Bonds. "Rating Agency"' means Fitch IBCA .. Moody 's Investors Service. Inc . or Standard & Poor's Ratings Services, a Division of The McGraw-Hill Companies, Inc . "Record Date" means the fifteenth day of the calendar month next preceding each Interest Payment Date . "Required Reserve Amount" means , as of any date on which it is calculated. the least o f (a) I 0% of the principal amount of the Outstanding Bonds . (b) the maximum annual debt service in any calendar year on the Outstanding Bonds or (c) 125 % of the average annual debt serv ice o n the Outstanding Bonds ; provided , however, that the Required Reserve Amount may be reduced if, in the opinion of Bond Counsel , the funding or maintenance of it at the level otherwise determined pursuant to this definition will cause the Reserve Account to exceed the amount permitted by the Code to be invested in higher yielding investments as a reasonabl y required reserve amount and replacement fund. "Resen•e Account" means a special account of the City designated as the '·Storm Water Enterprise 2001 Bond Reserve Account." created by this Ordinance for the purpose of paying. if necessary. the principal of, premium if any . and interest on the Bonds . ··Reserve Account Contract" means a surety bond. insurance policy , letter of credit. investment agreement, investment contract or similar instrument . .. Special Record Date·' means the record date for determining Bond ownership for purposes of paying defaulted interest, as such date may be determined pur s uant to thi s Ordinance . "Sr ate ' means the State of Colorado . "Srorm Water Enterprise Fund" means the Storm Water Fund of the Ci ty which accounts for the financial activity of the Storm Water Enterprise Fund . "Storm Water System" means all of the City 's storm water facilities including without limitation interests in real and personal property now owned or hereafter acquired whether situated within or without the City boundaries and all present or future improvements . extensions. enlargements, betterments, replacements and additions thereto. ·'Storm Water Enterprise" means the Storm Water Enterprise as established by City Ordinance No. 20, Series 1993 , as said ordinance may be amended from time to time . 7 I • 0 - • • • • ',, .. • -' "Subordinate lien Bonds .. means one or more se rie s of additional bonds. no te s. interim securities or other obligations issued by the Ci ty pursuant to the Section hereof e ntitled "Additional Bonds," having a lien on the Net Re ve nue which is s ub ordinate or j unior to the lien of the Bonds. "Tax Lener of Instruction s .. mean s the Tax Lener of In struction s. dated the date on which the Bonds are originally issued and delivered to the Ci ty by Bo nd Co un se l, as such in struction s may be superseded or amended in accordance w ith their term s. Section 2. Authorization . In accordance with the Co nstitution o f the State: the Acts: and all other laws of the State thereunto enabling, there shall be issued by the City . ac ting by and through its Storm Water Enterprise. the .. Storm Water Enterprise Reve nu e Bond s. Series 200 l ."' in the aggregate principal amount of $1 ,675 ,000. for the purpose of payi ng th e Project Costs. The accomplishment of the Project is hereby authorized , approved and ordered and it is hereby determined that the Bonds mature at such time not exceeding the estimated life of the Project. Section 3. Bond Details. (a) Registered Form, Denominations, Original Dated Date and Numberi11g . The Bonds shall be issued as full y registered bonds. shall be dated as of the Dated Date. and shall be registered in the names of the Person s identified in the registration books maintained by the Paying Agent pursuant hereto . The Bonds shall be issued in denominations of $5,000 in principal amount or any integral multiple thereof. The Bonds s hall be consecutively numbered. beginning with the number one, preceded by th e lett e r "R.~' (b) Maturity Dates, Principal Amounts and Interest Rates. The Bo nd s sha ll mature on December I of the ye ars and in the principal amounts. and shall bear intere st at the rates per annum (calculated based on a 360-day year of twelve 30-day mo nth s) se t fonh in the Bond Purchase Agreement. The Ci ty Council hereby d e lega te s to the Director of Finance and Administrative Services the authority to determine the Dated Date, the price at which the Bonds will be so ld. the a mou nt of principa l of the Bond s maturing in any panicular year and the rate of interes t o n th e Bonds. The maximum net effective interest rate authorized fo r this issue of Bo nds is 7 .50% per a nnum and the actual net effective interest rate of the Bond s shall not exceed s uch maximum rat e. (c) Accrual and Dates of Payment of Interest . Int erest on the Bonds shall accrue at the rates established pursuant to paragraph (b) of this ectio n. fro m the later of the Dated Date or the latest Interest Payment Date (o r in the case o f defaulted interest. the latest date) to which interest has been paid in full and sha ll be payable on each Interest Payment Date . (d) Manner and Form of Payment . Principal of each Bond shall be pa yable to the Owner thereof upon presentation and surrender of such Bond at th e principal office of the Paying Agent in the city identified in the definitio n of Pa yi ng Agent in th e Section hereof entitled "Definitions" or at such other office of the Pa yi ng Agent designated by the Paying Agent for such puq,ose . Interest on each Bond shall be payable by c heck or draft 02-92532.02 8 • • r ) I • 0 • • -• • • • of the Paying Agent mailed on each Interest Payment Date to the Owner thereof as of the close of business on the corresponding Record Date: provided however. any such interest not so timely paid or duly provided for shall cease to be payable to the person who is the Owner thereof at the close of business on the Record Date and shall be payable to the person who is the Owner thereof at the close of business on a Special Record Date for the payment of any such defaulted interest. Notice of the Special Record Date shall be given to the Owners of the Bonds not less than ten ( 10) days prior thereto. by first-class mail to each such Owner as shown on the registration books kept by the Registrar. on a date selected by the Paying Agent, stating the date of the Special Record Date and the date fixed for the payment of such defaulted interest. Interest payable to any Owner as provided in this paragraph may be paid by any other means agreed to by such Owner and the Paying Agent that does not require the City to make moneys available to the Paying Agent earlier than otherwise required hereunder or increase the costs borne by the City hereunder. All payments of the principal of and interest on the Bonds shall be made in lawful money of the United States of America. (e) Book-Entry Registration . Notwithstandin g any other provi sio n hereo f. th e Bonds shall be delivered only in book-entry form re gistered in the name o f C ede & Co .. as nominee of DTC, acting as securities depo sitory o f the Bo nd s and principal o f and interest on the Bonds shall be paid by wire tran sfer to DTC ; provided. however. if at an y time the Paying Agent determines. and notifies the C ity of its determination, that DTC is no longer able to act as, or is no longer satisfactoril y performing its dutie s as. securities depository for the Bonds, the Paying Agent may. at its discretion. either (i) designate a substitute securities depository for DTC and reregister the Bonds as directed by such substitute securities depository or (ii ) terminate the book-entry regi stration system and reregister the Bonds in the names of the beneficial owners thereof provided to it by DT C. Neither the City nor the Paying Agent shall have any liability to DTC. Cede & Co .. an y substitute securities depository , any Person in whose name the Bonds are reregistered at the direction of any substitute securities depository any beneficial owner of the Bonds or any other Person for (A) any determination made by the Pay ing Agent pursuant to the proviso at the end of the immediately preceding sentence or (B) any action taken to implement such determination and the procedures related thereto that is taken purs uant to any direction of or in reliance on any information provided by DTC. Cede & C o .. any substitute securities depository or any Person in whose name the Bonds are reregi stered . Section 4. Prior Redemption . (a) Optional Redemption . The Bonds shall be subject to redemption at the option of the City, in whole or in pan, and ifin pan in such order of maturities as the City shall determine and by lot within a maturity on such dates as set fonh in the Bond Purchase Agreement, at a redemption price equal to the principal amount thereof (with no redemption premium), plus accrued interest to the redemption date. The City Council hereby delegates to the Director of Finance and Administrative Services the authority to determine the dates on which the Bonds shall be subject to optional redemption . (b) Mandatory Sinking F11nd Redemption. All or any principal amount of the Bonds may be subject to mandatory sinking fund redemption by lot on December I of 02-9253 2.02 9 • I • - • I • • • • • - the years and in the principal amounts specified in the Bond Purchase Agreement. at a redemption price equal to the principal amount thereof (with no red e mpti on premium). plus accrued interest to the redemption date . The City Co un ci l hereby delegates to the Director of Finance and Administrative Services the a uth o rity to determine the princi pa l amounts and dates on which the Bonds shall be subject to ma nd atory sinkin g fund redemption . At its option, to be exercised on or before the forty fifth day next preceding each sinking fund redempti o n date. the Ci ty may (i) deliver to the Pa yi ng Agent fo r cancellation of an y Bo nd s with the same maturity date as the Bo nd s subject to such sinking fund redemption and (ii ) recei ve a cred it in respect of it ink ing fund redemption obligation for any Bonds with the sa me maturity date as the Bonds s u bj ect to such sinking fund redemption which prior to such date have been redeemt!d (o thcrwi s.: than through the operation of the sinking fund ) a nd cancelled by th e Paying Agen t and no t theretofore applied as a credit against any si nking fund redemption o bligation . Each Bond so delivered or previousl y redeemed shall be credited by the Pa yi n g Age nt at the principal amount thereof to the obligation of the Ci ty o n such sinking fund redempti on date. and the principal amount of Bond s to be redeemed by o perati o n of such s inkin g fund on such date shall be accordingly reduced. (c) Redemption Procedures . If less than all of the Bo nd s wi thin a maturity are to be redeemed on an y prior redempti on date. the Bo nd s to be red eemed shall be selected by lot prior to the date fixed for redempti o n. in such ma nner as the Bond Registrar shall determine. The Bonds shall be red eemed o nl y in int egra l multipl es of $5 ,000. In the event a Bond is of a denomination larger than $5 ,000, a po rti on of suc h Bond may be redeemed, but only in the principal amount of $5.000 or any integral multiple thereof. Such Bond shall be treated for the purpose of redemption as that number of Bonds which results from dividing the principal amount of such Bo nd by $5.000. In the event a portion of any Bond is redeemed. the Bond Registrar shall. without charge to the Owner of such Bond. authenticate and deliver a replacement Bond or Bonds for the unredeemed portion thereof. (d) Redemption Notice. Notice of any redempti o n of Bonds shall be give n by the Paying Agent in the name of the City by se ndin g a copy of such notice by first-class . po stage prepaid mail , not less than 30 days pri or to th e redempti on date. to the Owner of each Bond being redeemed . Such notice sha ll specify the number o r numbers o f th e Bonds so to be redeemed (if redemption shall be in part) and the redemption dat e. If any Bond shall ha ve been dul y called for redempti on and if. o n or before the redempti on date . there shall have been deposited with the Pay in g Age nt in accordance with thi s Ordinance fund s sufficient to pay the redemption pri ce of uch Bo nd o n the redemption date. then such Bond shall become due and payable at suc h redempti o n date . and from and afte r such date interest will cease to accrue thereon . Failure to deliver an y rede mpti on notice or any defect in any redemption notice shall not affec t the va lidity of the proceeding fo r the redemption of Bonds with respect to which such failure o r defect did not occ ur. Any Bond redeemed prior to its maturity by prior redempti o n o r ot herwi se shall not be reissued and shall be cancelled. Section 5. Form of Bonds . The Bonds shall be in substantially the form se t forth in Appendix A hereto with such changes thereto , not inconsistent herewith. as may be nece ssary or 02-92532 .02 10 ) I • 0 ]- • • • • t . _,\, .. t • - desirable and approved by the officials of the City executing the same (who se manual or facsimile signatures thereon shall constitute conclusive evidence of such approval ). All covenants. statements, representations and agreements contained in the Bond s arc hereby approved and adopted as the covenants, statements, representations and agreements of the Ci ty . Although attached as and appendix for the convenience of the reader, Appendix A is an integral part of this Ordinance and is incorporated herein as if set forth in full in the body of thi s Ordinance. Section 6. Execution, Authentication and Delivery of Bonds. (a) Execution . The Bonds shall be executed in the name and on behalf o f the City with the manual or facsimile signature of the Mayor. shall bear a manual o r facsimile of the seal of the City and shall be attested by the manual or facsimile signature of the City Clerk both of whom are hereby authorized and directed to prepare and execute the Bonds in accordance with the requirements hereof. Should any officer whose manual or facsimile signature appears on the Bonds cease to be such officer before delivery of any Bond, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes. (b) Authentication . When the Bonds have been duly executed, the officers of the City are authorized to , and shall. deliver the Bonds to the Paying Agent for authentication. No Bond shall be secured by or entitled to the benefit of this Ordinance. or shall be valid or obligatory for any purpose. unless the certificate of authentication of the Paying Agent has been manually executed by an authorized signatory of the Paying Agent. The executed certificate of authentication of the Paying Agent upon any Bond shall be conclusive evidence, and the only competent evidence , that such Bond has been properly authenticated hereunder. (c) Delivery . Upon the authentication of the Bonds, the Paying Agent shall deliver the same in accordance with the provisions of the DTC Lener of Representations and other procedures established with the consent of DTC and the Paying Agent. Upon receipt of the agreed purchase price of the Bonds in accordance with the Bond Purchase Agreement and issuance of the approving opinion of Bond Counsel. the Bonds shall be released by DTC and the Paying Agent for credit to the Participants and the Beneficial Owners. Section 7 • Owners. Registration, Exchange and Transfer of Bonds; Persons Treated as (a) Registration. The Paying Agent shall maintain registration books in which the ownership, transfer and exchange of Bonds shall be recorded. The person in whose name any Bond shall be registered on such registration books shall be deemed to be the absolute owner thereof for all purposes and neither the City nor the Paying Agent shall be affected by any notice or other information to the contrary. (b) Transfer and Excl,ange. The Bonds may be transferred or exchanged, at the principal office of the Paying Agent at the location identified in the definition of 02-92532 02 11 • ,. I • 0 ] l • • • • •, • - Paying Agent in the section hereof entitled ··Definitions ... for a like aggregate principal amount of Bonds of other authorized denominations of the same maturitv and interest rate. upon payment by the transferee of a transfer fee. any tax or govem~ental charge required to be paid with respect to such transfer or exchange and any cost of printing bonds in connection therewith . Upon surrender for transfer of any Bond . duly endors~d for transfer or accompanied by an assignment duly executed by the Owner or hi s or he r attorney duly authorized in writing , the City shall execute and the Pa y ing Agent sha ll authenticate and deliver in the name of the transferee a new Bond . (c) Limitations on Transfer. The City and Paying Agent s hall no t be required to issue or transfer any Bonds: (i) during a period beginning at the close o f business on the Record Date and ending at the opening of business on the first Bu s ine ss Day following the ensuing interest payment date. or (ii ) during the period beginning Jt the opening of business on a date 45 days prior to the date of any redemption of Bonds and ending at the opening of business on the first Business Day following tht: da y on which the applicable notice of redemption is mailed . The Paying Agent s hall not be required to transfer any Bonds selected or called for redemption . Section 8. Replacement of Lost, Destroyed or Stolen Bonds . If any Bond shall become lost. apparently destroyed , stolen or wrongfull y taken . it may be replaced in the fonn and tenor of the lost. destroyed , stolen or taken bond and the City shall execute and the Paying Agent shall authenticate and deliver a replacement Bond upon the Owner furnishing , to the satisfaction of the Paying Agent : (a) proof of ownership (which shall be shown by the registration books of the Paying Agent), (b) proof of loss. destruction or theft. (c) an indemnity to the City and the Paying Agent with respect to the Bond lost. destroyed or taken. and (d) payment of the cost of preparing and executing the new bond or bonds . Section 9. Tax Covenants . For purposes of ensurin g that the interest on the Bo nd s is and remains excluded from gross income for federal income tax purposes, the City hereb y covenants and declares that : (a) Prohibited Actions. The City will not use or permit the use of any proceeds of the Bonds or any other funds of the City from whatever source derived. directly or indirectly , to acquire any securities or obligations and shall not take or permit to be taken any other action or actions , which would cause any Bond to be an ··arbitrage bond" within the meaning of Section 148 of the Code. or would otherwise cause the interest on any Bond to be includible in gross income for federal income tax purpo ses . (b) Affirmative Actions. The City will at all times do and pc::-fo rm a ll ac ts permitted by law that are necessary in order to assure that interest paid by t, : Ciry on the Bonds shall not be includible in gross income for federal income tax purpo se s under the Code or any other valid provision of law. In panicular, but without limitation , the City represents. warrants and covenants to comply with the following rules unless it receives an opinion of Bond Counsel stating that such compliance is not necessary : (i) gross proceeds of the Bonds and the Project will not be used in a manner that will cause the Bonds to be considered "private activity bonds" within the meaning of the Code ; (ii ) the Bonds are not and will not become directly or indirectly "federally guaranteed :·· and 12 • ) I • 0 ....... • • -• • • -' (iii) the City will timely file an Internal Revenue Service Form 8038-G with respect to the Bonds. which shall contain the information required to be filed pursuant to Section 149(e) of the Code. {c) Tax letter of Instructions . The City will comply with the Tax Lener of Instructions delivered to it on the date of issuance of the Bonds. including but not limited by the provisions of the Tax Letter of Instructions regarding the application and investment of Bond proceeds, the use of the Project. the calculations. the deposits. the disbursements, the investments and the retention of records described in the Tax Lener of Instructions ; provided that. in the event the Tax Letter of Instructions are superseded o r amended by new Tax Letter of Instructions drafted by. and accompanied by an opinion of, Bond Counsel stating that the use of the new Tax Letter of Instructions will not cause the interest on the Bonds to become includible in gross income for federal inc o me tax purposes, the City will thereafter comply with the new Tax Letter of Instructions. (d) Designation of Bondi· as Qualified Tax-Exempt Obligations. The C it y hereby designates the Bonds as qualified tax-exempt obligations within the meanin g of Section 265(b)(3 ) of the Code. The City covenants that the aggregate face amount o f all tax-exempt obligations issued by the City, together with governmental entitie s wh ich derive their issuing authority from the City or are subject to s ub s tantial control by th e City, shall not be more than $10.000.000 during calendar year :WO I . The C ity recogni zes that such tax-exempt obligations include notes. leases. loan s and warrants . as well as bonds. The City further recognizes that any bank. thrift institution or o ther financi a l institution that owns the Bonds will rely on the City 's designation of the Bonds a s qualified tax-exempt obligations for the purpose of avoiding the loss of I 00% of an y otherwise available interest deduction anributable to such institution 's tax-exempt holdings. Section 10. Creation of Fund and Accounts. There is hereby reaffirmed the Storm Water Enterprise Fund and there is hereby established the following accounts of the Storm Water Enterprise Fund, which shall be maintained by the City in accordance with the provisions of this Ordinance : (a) (b) the Project Account; the Bond Account, within which there are established the Interest Subaccount and the Principal Subaccount; and ( c) the Reserve Account. Section 11. Initial Credit of Bond Proceeds . Immediately upon issuance of the Bonds and the receipt of the proceeds thereof in accordance with the Bond Purchase Agreement. the City shall make the following credits and apply such amounts as a supplemental appropriation of the City : (a) 02-92SJ2 .02 to the Interest Subaccount, the accrued interest on the Bonds from the Dated Date to the date of issuance and capitalized interest on the Bonds, if any; 13 • ) I • 0 ]-- • • -• • '•,1,· • • (b) to the Reserve Account the amount of the Required Reserve Amo unt : and (c ) to the Project Account, the remaining proceeds of the Bonds . Section 12. Project Account. All moneys credited to the Proj ect Acco unt sha ll be applied solely to the payment of the Project Costs . Except to the extent otherwi se required by the provisions of the Section hereof entitled ·'Disposition and In ve stment o f Procee d s: Tax Covenants," interest income from the investment or reinve stment o f moneys credit ed to the Project Account shall remain in and become part o f the Project Acco unt . po n t he determination of the City Manager that all Project Costs ha ve been paid or are detennin ab le . a ny balance remaining in the Project Account (less an y amounts nec essary to pay Projec t Costs no t then due and owing) shall be credited to the Bond Account. Section 13. Security for Payment of the Bonds; Flow of Funds . (a} Pledge of Net Revenues . The Bonds shall constitute an irre vocabl e and first lien upon the Net Revenue , but not necessarily an exclusive such li e n . T he Ne t Revenue is hereby pledged to the payment of the Bonds . (b) Flow of Funds. Immediately upon the issuance of the Bo nd s. a ll Gro s Revenue then held by the City shall be credited to the Storm Water Enterpri se Fun d. Thereafter, the City shall credit to the Storm Water Enterprise Fund a ll G ross Revenu e immediatel y upon receipt. The City shall pay from the Storm Water Ent erpri se F und :ill Operation and Maintenance Expenses as the y become due and payable . After such payment or the allocation of Gross Revenue to such payment. the City shall appl y the Net Revenue in the following order of priority : 02-92532 .02 FIRST, to the credit of the Interest Subaccount, the amount s required by the Section hereof entitled ··Bond Account."' and to the credit of any other bond account or subaccount hereafter established for the payment of interest on Parity Lien Bonds issued in accordance with the Section hereof entitled ··Additional Bonds ;·• SECOND. to the credit of the Principal Subaccount. the amounts required by the Section hereof entitled ··Bond Account .'" and to the credit o f an y other bond account or subaccount hereafter establi shed for the payment of the principal of, and premium if any, on Parity Lien Bonds issued in accordanc e with the Section hereof entitled "Additional Bonds:" THIRD, to the credit of the Reserve Account. the amounts required by the Section hereof entitled "Reserve Account" and to the credit of an y other ac count hereafter established as a reserve account for Parity Lien Bo nd s iss ued in accordance with the Section hereof entitled .. Additional Bond s:" FO URTH. to the credit of an y other fund or account hereafter establi shed for the payment of the principa l of. premium if any , and interest o n Subordinate Lien Bonds. including any s inking fund , re serve fund or similar fund or ac count 1-4 • ) I • 0 • • -• • I•\, •• -.. established therefor. the amounts required by the ordinance o r other e nac tment authorizing issuance of the Subordinate Lien Bonds ; and FIFTH. to the credit of any other fund or account as may be designated by the City. to be used for any lawful purpose. any moneys remainin g in the Storm Water Enterprise Fund after the pay ments and accumulations set forth in FIRST through FOURTH hereof. (c) Bonds Do Not Constitute a Debt. All of the Bonds , together with the interest thereon and any premium due in connection therewith , shall be payable only out of: (i) the Bond Account ; or (ii ) if necessary. the Reserve Account. The Owners may not look to any general or other fund of the City for the payment of the principal of. premium if any , and interest on the Bonds. except the funds and accounts pledged thereto by this Ordinance, and the Bonds shall not constitute a debt or an indebtedness of the City within the meaning of any constitutional or statutory provision or limitation ; nor shall they be considered or held to be general obligations of the City . Section 14. Bond Account. (a) Use of Moneys in Bond Account. Moneys in the Bond Acco unt shall be used solely for the purpose of paying the principal of. premium if any. and interest on the Bonds . On or before the last Business Day of the month preceding each Interest Payment Date . there shall be deposited with the Paying Agent an amount from the Interest Subaccount which is sufficient to pay the interest on the Bonds due on such Interest Payment Date . On or before the last Business Day of the month preceding each Principal Payment Date. there shall be deposited with the Paying Agent an amount from the Principal Subaccount which is sufficient to pay the principal of and premium . if any, due on the Bonds on such Principal Payment Date. (b) Interest Subaccount. The Interest Subaccount shall be used to pay the interest on Bonds . Upon delivery of the Bonds. the City shall credit to the Interest Subaccount the amount required by the Section hereof entitled "Initial Credit of Bond Proceeds.·· On or before the last day of each month. commencing in the month next s ucceeding the date of issuance of the Bonds , the City shall credit to the Interest Subaccount, from the Net Revenue and any interest income to be credited to the Intere st Subaccount pursuant to the terms hereof, an amount equal to the Pro Rata Portion of the interest to come due on the Bonds on the next succeeding Interest Payment Date . (c) Principal Subaccount. The Principal Subaccount shall be used to pay the principal of and premium, if any , on the Bonds . On or before the last day of each month. commencing in the month next succeeding the date of issuance of the Bonds. the City shall credit to the Principal Subaccount. from the Net Revenue and any interest income to be credited to the Principal Subaccount pursuant to the terms hereof. an amount equal to the Pro Rata Portion of the principal coming due on the Bonds on the next s ucceeding Principal Payment Date . 02-92532 .02 15 • I • 0 -- • • • • ' . .._. • - Section 15. Reserve Account. (a) Use of Moneys in Reserve Accou11t. Moneys in the Reserve Account shall be used. if necessary. only to prevent a default in the payment of the principal of. premium if any. or interest on the Bonds. and the Reserve Account is hereby pledged to the payment of the Bonds. In the event the amounts credited to the Bond Account are insufficient to pay the principal of. premium if any , or interest on Bonds when due. the City shall transfer from the Reserve Account to the appropriate subaccount or subaccounts of the Bond Account an amount which. when combined with mone ys in the subaccount or subaccounts, will be sufficient to make such payments when due . (b) Funding and Maintenance of Required Reserve Amount. The City shall. upon delivery of the Bonds, credit to the Reserve Account the amount required by the Section hereof entitled "Initial Credit of Bond Proceeds.·, The Reserve Account shall be maintained in the amount of the Required Reserve Amount until such time as the amount credited thereto , when combined with moneys in the Bond Account , will be sufficient to pay the principal of, premium if any , and interest on all of the Bonds. at which time such moneys may be applied for such purpose . If at any time the amount of the Reserve Account is less than the Required Reserve Amount, then the City sha ll deposit to the Reserve Account from the Net Revenue. amounts sufficient to bring the amount credited to the Reserve Account to the Required Reserve Amount . Such deposits shall be made as soon as possible after such use. but in accordance with and subject to the limitati o ns o f the Section hereof entitled '"Security for Pa yment of Bonds: Flow of Fund s:· The Required Reserve Amount shall be funded and maintained by a ny o ne of o r any combination of (i) cash ; (ii) Permitted Investments: and (iii ) a Reserve Account Contract which provides for payments when and as required for purposes o f the Re serve Account and is issued by an obligor whose obligations such as the Re se rve Account Contract are either (A) rated by a Rating Agency as investment grade o r (13 ) if a ratin g has been obtained on the Bonds or any Parity Lien Bonds who se obligations are rated by each Rating Agency that then maintains a rating on the Bonds or any Parit y Lien Bo nd s in a category (or comparable classification) equal to or higher than the category. if any. in which the Bonds or any Parity Lien Bond s are rated. A Re serve Account Co ntra ct s hall satisfy the Required Reserve Amount by the amount pa yabl e to the Ci ty pur uant to s uch contract. (c) Valuation and Interest Income. Mone ys credited to the Reserve Account may be invested or deposited in securities or obligations which are Permitted Investments ; however, such investments shall be va lued at fair market value and marked-to-market at lease once per year. Additionall y, the inve stment of mone ys credited to the Reserve Account shall be subject to the covenants a nd pro vision s of the Section hereof entitled "Disposition and Investment of Proceed s: Tax Cove nant s ... Except to the extent otherwise required by such Section. so long as the amount o f the Reserve Account is equal to the Required Reserve Amount. all intere st inc o me fr o m the investment or reinvestment of moneys credited to the Reserve Account shall be credited to the Interest Subaccount and/or the Principal Subaccount. as may be determined by the City ; provided that if the amount of the Reserve Account is less than the Required 02-92532 .02 16 I • 0 • • -• • • - Reserve Amount, then such interest income shall be credited to the Reserve Account . The amount on deposit to the Reserve Account shall never exceed the amount of the Required Reserve Amount. Section 16 . Investments. Moneys deposited in the Bond Account and the Project Account and any moneys held by the Paying Agent with re spect to the Bonds, shall be invested in Permitted Investments, provided that the investment of such moneys s ha ll be subject to any applicable restrictions set forth in the Tax Letter of Instructions and in the .. Tax Compliance Certificate" or similar certificate delivered by the City in connection with the issuance o f th e Bonds that describes the City 's expectations regarding the use and investment of proceeds of the Bonds and other moneys and the use of the Project . Unless otherwise provided herein , all interest income from the investment or reinvestment of moneys credited to any account or subaccount established herein shall remain in and become part of such account or s ubaccount. Section 17. Maintenance of Rates and Coverage . The City hereby covenants that it will establish, maintain, enforce and collect rates. fees and charges for services furnished by or the use of the Storm Water System to create Gross Revenue each Fiscal Year sufficient to pa y Operation and Maintenance Expenses and to create Net Revenue in an amount: (a) equal to not less than I I 5% of the amount necessary to pay when due the principal of and interest on the Bonds and any Parity Lien Bonds coming due during such Fiscal Year; and (b) to make up any deficiencies in the Reserve Account and any reserve account established for Parity Lien Bonds . In the event that the Gross Revenue at any time is not sufficient to make such payments. the City shall increase such rates. fees and charges to an extent which will ensure the payments and accumulations required by this Ordinance . Section 18. Additional Covenants and Agreements . The City hereby further irrevocably covenants and agrees with each and every Owner that so long as any of th e Bo nd s remain Outstanding : (a) Competent Management. The City shall employ competent management personnel for the Storm Water System and will continue to operate and manage the Storm Water System in an efficient and economical manner in accordance with all applicable laws , rules and regulations . (b) Maintenance of Records and Accounts. The Ci t y shall keep proper books of record and accounts showing complete and correct entries of all tran sactio ns relating to the funds and accounts referred to herein and in such manner that the Gross Revenue and the Net Revenue may at all times be readily and acc urately determined. (c) Alienation of Property. The City will not se ll or alienate a ny of th e property constituting any part or all of the Storm Water System in any manner or to any extent as might reduce the security provided for the pa yment of the Bond s. but the City may sell any portion of such property which shall have been replaced by o ther similar property of at least equal value. or which shall cease to be necessary for the efficie nt operation of the Storm Water System ; provided however, that the proceed s of any s uch sale of property shall be included as part of the Gross Revenue. 02-9253 2.02 17 • 0 I • 0 • • • • • - (d) Payment for Use and Services. The City will promptly render bills for services furnished by or the use of the Storm Water System. shall use all legal means to assure prompt payment thereof. shall take such action as may be necessary to ma ke delinquent rates. fees and charges of the Storm Water System a lien up on the real property served . (e) Audits. At least once a yea r in the time and manner provided by Jaw . the City will cause an audit to be performed of the records relating to the re ve nue s and expenditures of the Storm Water System. Such audit may be made part of and included within the general audit of the City. and made at the same time as the general audit. In addition, at least once a year in the time and manner provided by Jaw . the City will cause a budget to be prepared and adopted. Copies of the budget and the audit will be fil ed and recorded in the places. time and manner pro vided by law . (t) Insurance. The City will carry such forms of in s urance o n insurable Storm Water System property as would ordinarily be carried by utilities having s imilar properties of equal value, such insurance being in such amount s as will protect the Stom1 Water System and its operation. In the event of any lo ss or damage to the Sto rm Water System. or in the event part or all of the Storm Water System is taken by the exerci se of a power of eminent domain, the insurance proceeds or the co ndemnati o n award s hall be used for restoring, replacing or repairing the propert y lo st. damaged o r taken. and th e remainder thereof, if any , shall be considered as Gross Revenue: provided however. that if the City Council determines that the operation of the Storm Water System and the security for the Bonds will not be adversel y affected thereb y, the City Co un ci l ma y determine not to restore , replace or repair the property lost. damaged or taken and all of the insurance proceeds or condemnation award shall be considered as Gross Revenue . (g) Surety Bonds. Each District official or other person having custody of any funds derived from the operation of the Storm Water System. or responsible fo r the handling of such funds . shall be fully bonded at all times. which bond s ha ll be conditioned upon the proper application of said funds . (h) Enterprise Status. The City has established. and covenants to continue to maintain. the Storm Water Sys tem as an "enterprise'· within the meanin g of A rti cle X. Section 20 of the Colorado Constitution. and as a ··water activity enterpri se .. within the meaning o f Title 37. Article 45.1 , C.R .S.; pro vid ed . however . after ca lendar year 200 I the City may disqualify the Water System as a n "e nt erpri se·· in a ny year in whi c h said disqualification does not materiall y. adversely affect the enforceability of the co ,·enan ts made pursuant to this Ordinance. In the event th e Water System is disqua lifi ed as an enterprise and the enforceability of the covenants made pursuant to thi s O rdinanc e are materiall y . adversely affected. the City covenants to immediately take all ac ti o ns necessary to (i) qualify the Storm Water System as an enterprise within the meaning of Article X. Section 20 of the Colorado Constitution and (i i) permit the enforcement of the covenants made herein . (i) Protection of Security. The City. its officers. agents and employees. shall not take any action in such manner or to such extent as might prej udice the sec urit y fo r 18 • ) I • 0 • • • • ... . . • -' the payment of the principal of and interest on the Bonds and any other sec urities payab le from the Net Revenue according to the terms thereof. No contract shall be entered into nor any other action taken by which the rights of the Owners might be prejudicially and materially impaired or diminished . Section 19. Additional Bonds. (a) No Superior lien Bonds. No bonds. note s. interim securi ties o r oth er obligations shall be issued payable from the I et Re ve nu e and havin g a lien th ereo n which is superior to the lien of the Bonds. (b) Parity Lien Bonds. The City may issue Parity Lien Bonds if: (i) As of the date of issuance of the Parity Lien Bo nd s the C ity is in substantial compliance with all of the covenants of this Ordinance: (ii) As of the date of issuance of the Parity Lien Bonds the Ci ty is current in the accumulation of all amounts required to be then acc umulated in the Bond Account and the Reserve Account ; and (iii) For any 12-month period during the 18-month period immediately preceding the date of issuance of such Parity Lien Bonds. the Ne t Re ve nue is sufficient to pay an amount representing not les s than 150% of the Combined Maximum Annual Principal and Interest Requirements for the Outstanding Bonds. Outstanding Parity Lien Bonds. if any. and the Parity Lien Bond s proposed to be issued. For purposes of such test . if there ha s been adopted a schedule of increases in rates , fees and charges during the preceding 18-month period , the Net Revenue may be increased for tho se months in which such increase was not in effect for the 12-month period in which uch ca lculati o n is made by adding to the actual revenues for such period an estimated s um eq ual to I 00% of the estimated increase in revenues which would have been realized during said period had such increase been in effect for the entire 12-month period (the requirement set forth in this subparagraph (i ii ) shall not apply to any Parity Lien Bonds issued for the purpose of refunding les s than all of the Outstanding Bonds); and (iv) The ordinance. indenture or other document providing for th e issuance of the Parity Lien Bonds must provide for a reserve account. which is established in the amount of the Parity Reserve Amount , and a bond account for the Parity Lien Bonds ; such accounts must be established and maintained o n substantially the same terms and contain substantially the same provisions as se t forth in this Ordinance for the Reserve Account and the Bond Account. respectively . A written certificate by the Mayor (o r other City official or employee designated in writing by the Mayor) that the conditions set forth in paragraphs (i) and (i i) above have been met, and a written certificate by a Certified Public Accountant or Consulting Engineer that the condition set forth in paragraph (iii) above has been met , shall 02-92532 02 19 • I • 0 • • -• • • -' conclusivel y determine that such conditions have been met in a cc ordance with th e term s hereof. (c) Subordinate lien Bonds. So long as no Event of Default ·hall have occurred and be continuing, nothing herein sha ll prevent th e Ci ty from iss uin g Subordinate Lien Bond s. Section 20 . Defeasance . When a ll princ ipal. interest a nd premium s. if a ny. in connection with a Bond has been dul y paid. the pledge and lien and all obligations of the Ci ty hereunder shall thereby be discharged with re s pect to said Bond and the Bond shall no lon ge r be deemed to be Outstanding . There shall be deemed to be such due pay ment when the Ci ty ha s placed in escrow and in trust with a commercial bank loc ated within or without the State o f Colorado, and exercising trust powers . an a mount sufficient (including the known minimum yield from Defeasance Securities in which such amount may be initiall y in ves ted ) to meet all requirements of principal , interest and premiums. if any. as the same become due to th ei r final maturities or upon designated prior redemption da te s. The Defeasanc e Sec uriti es s hall be co me due at or prior to the respective times on which the proceed s thereof sha ll be needed . in accordance with a schedule established and agreed upon between the City and suc h bank at the time of the creation of the escrow. or the Defeasance Securities shall be subject to red e mpt io n at the option of the holders thereof to assure such availability as so needed to me e t s uch schedule . The sufficiency of the escrow shall be determined by a Ce rtifi ed Public Accountant . Section 21. Ennts of Default . The occurrence or existence of an y o ne or mo re of th e following events shall be an Event of Default hereunder : (a) payment of the principal of or redemption premium on any Bond is not made by the City when due ; (b) payment of the interest on any Bond is not made by the City when due : (c) the City defaults in the performance of any other of it s covenant s in thi s Ordinance. and such default continues for 30 days after written notice specify ing such default and requiring the same to be remedied is given to the City by the Owners of 25% in aggregate principal amount of the Bonds then Outstanding ; or (d) the City files a petition under the federal bankruptcy laws o r other applicable bankruptc y law s seeking to adjust the obligations represented by th e Bo nd s . Section 22. Remedies For Events of Default . Upon the occurrence and co ntinuance of an Eve nt of Default, the Owner of any Bond , or a trustee therefor, may protect and enforce the ri ghts of any Owner by proper legal or equitable remedy deemed most effectual including mandamus. specific performance of any covenants. injuncti ve relief or requiring the Co uncil to act as if it were the trustee of an express trust . or any combination of such remedi es . A ll procee ding s shall be maintained for the equal benefit and protection o f all Owners . Any receiver appointed to protect the rights of Owners may take possession of and operate and maintain the Storm Water System in the same manner as the C ity itself might do . The failure of any Owner to procee d does not relieve the C ity or any person of any liability for failure to perform any duty 02-92532 02 20 • I • 0 • • • 1 • •• .. ·-• -.. hereunder. The foregoing rights are in addition to any other right, and the e xercise of any right by any Owner shall not be deemed a waiver of any other right. Section 23. Permitted Amendments to Bond Ordinance. The City may. without the consent of or notice to the Owners. adopt amendments or supplements to this Ordinance, which amendments or supplements shall thereafter form a pan hereof, for any one or more of the following purposes: (a) to cure any ambiguity. to cure. correct or supplement any formal defect or omission or inconsistent provision contained in this Ordinance, to make any provision necessary or desirable due to a change in law , to make any provisions with respect to matters arising under this Ordinance. or to make any provisions for any other purpose. if such provisions are necessary or desirable and do not materially adversely affect the interests of the Owners of the Bonds; (b) to subject to this Ordinance or pledge to the payment of the Bonds additional revenues, propenies or collateral: and (c) to grant or confer upon the Owners any additional rights . remedie s. powers or authority that may be lawfully granted to or conferred upon the Owners . Section 24. Amendments Requiring Consent of Owners. Except for amendatory or supplemental ordinances adopted pursuant to the Section hereof entitled '·Permined Amendments to Bond Ordinance;· the Owners of not less than two-thirds in aggregate principal amount of the Bonds then Outstanding shall have the right. from time to time. to consent to and approve the adoption by the City of such ordinances amendatory or supplemental hereto as shall be deemed necessary or desirable by the City for the purpose of modifying , altering , amending. adding to or rescinding, in any particular, any of the terms or provisions contained in this Ordinance: provided however, that without the consent of the Owners of all the Bonds affected thereby. nothing herein contained shall permit. or be construed as permining: (a) a change in the terms of the maturity of any Bond , in the principal amount of any Bond or the rate of interest thereon, or in the terms of prior redemption of an y Bond ; (b) an impairment of the right of the Owners to institute suit for the enforcement of any payment of the principal of. premium if any , or interest on the Bonds when due ; (c) Bonds ; the creation of a lien upon the Net Revenue ranking prior to the lien of the (d) a privilege or priority of any Bond or any premium or interest payment over any other Bond or premium or interest payment: or (e) a reduction in the percentage in principal amount of the Bonds the consent of whose Owners is required for any such amendatory or supplemental ordinance. 02-92532 02 21 .. . .. • I • 0 • • • .•. • - If at any time the City shall desire to adopt an amendatory or supplemental ordinance fo r any of the purposes of this Section, the City shall cause notice of the proposed adoption o f s uch amendatory or supplemental ordinance to be given by mailing s uch notice by certified o r registered first-class mail to the Purchaser and to each Owner of a Bond to the address shown on the registration books of the Bond Registrar, at least 30 days prior to the proposed date of adoption of any such amendatory or supplemental ordinance. Such notice shall briefly set forth the nature of the proposed amendatory or supplemental ordinance and shall state that co pie s thereof are on file at the offices of the City or some other suitable location for inspection by all Owners. If, within 60 days or such longer period as shall be prescribed by the City following the giving of such notice. the Owners of not less than the required percentage in aggregate principal amount of the Bonds then Outstanding at the time of the execution of an y s uch amendatory o r supplemental ordinance shall have consented to and approved the executio n there o f as here in provided. no Owner of any Bond shall have any right to object to any o f the term s and provi sions contained therein. or the operation thereof. or in any manner to question the propriet y o f the adoption and effectiveness thereof, or to enjoin or restrain the City from adopting the same or from taking any action pursuant to the provisions thereof. Section 25. Effect of Amendment . Upon the executi o n o f an y amendat o ry o r supplemental ordinance pursuant to this Ordinance. this Ordinance sh a ll be deemed to be modified and amended in accordance therewith. and the respective rights . dut ie s and o bl igat io ns under this Ordinance of the City. the Bond Registrar. the Paying Agent and all O wners o f Bo nd s then Outstanding shall thereafter be determined. exercised and enforced hereunder. s ubj ec t in all respects to such modifications and amendments. Section 26. Removal or Resignation of Bond Registrar or Paying Agent; Suecesson. The Paying Agent and Bond Registrar may resign. or be removed by the City at any time with or without cause. In the event of the removal or resignation of the Bond Registrar or Paying Agent. the City shall appoint a successor as soon thereatier as may be practicable, and in such event. shall give wrinen notice thereof to each Owner by mailing to the addresses shown on the registration books for the Bonds. Any successor Paying Agent shall : be a trust company or bank in good standing located in or incorporated under the laws of the State: be duly authorized to exercise trust powers; be subject to examination by a federal or state authority : and maintain a reported capital and surplus of not less than $10 ,000.000 . Section 27. Authorization to Execute Documents . The Mayor (or other City official or e mployee designated in writing by the Mayor) shall , and is hereby authorized and directed to take all actions necessary or appropriate to effectuate the provisions of this Ordinance, including, but not limited to. execution of such agreements. certificates and affidavits as may be reasonably required by the Purchaser. For a period of sixty days following the adoption of this Ordinance, the Director of Finance and Administrative Services is authorized to execute the Bond Purchase Agreement. which shall be in substantially the form presented to the City at this meeting and shall be completed in accordance with the terms of this Ordinance . The execution of the Bond Purchase Agreement by the Director of Finance and Administrative Services and the execution of the Mayor (or the Mayor·s designee) of any document authorized herein shall be conclusive proof of the approval by the City of the terms thereof. 02.02532 02 22 • I • 0 • • -• • •,, •• -' Section 28. Official Statement. The Preliminary Official Statement is hereby authorized and approved. The Preliminary Official Statement is hereby deemed by the Council to be final as of its date within the meaning of Rule l 5c2-l 2(b )(l ) of the U.S. Securiti es and Exchange Commission. The Council hereby authorizes the preparation and distributi on of a final Official Statement in conjunction with an offer of the Bonds to the public . The Official Statement shall contain such corrections and additional or updated information so that it will not contain any untrue statement of a material fact or omit to state a material fact nec essary in order to make the statements made therein , in light of the circumstances under which the y were made , not misleading . The Mayor is hereby authorized to execute copies of the Official Statement on behalf of the City. Section 29. Holidays . If the date for making any pay ment or performing an y action hereunder shall be a legal holiday or a day on which the principal office of the Paying Agent or Bond Registrar is authorized or required by law to remain closed. such payment may be made or act performed on the next succeeding day which is not a legal holiday or a da y on which the principal office of the Paying Agent or Bond Registrar is authorized or required by law to remain closed. Section 30. Limitation of Actions. In accordance with Section 11-57-2 12 , Colorado Revised Statutes, no legal or equitable action can be brought with respect to any legislati ve acts or proceedings in connection with the authorization or issuance of the Bonds more than 30 days after the issuance or authorization of such securities. whichever occurs later. Section 31. Ratification and Approval of Prior Actions . All actions heretofore taken by the officers of the City and the members of the City Council. not inc onsistent with the provisions of this Ordinance , relating to the authorization. sale. issuance and delivery o f the Bonds, are hereby ratified, approved and confirmed . Section 32. Ordinance lrrepealable . After an y of the Bonds have been is sued. thi s Ordinance shall constitute a contract between the Owners and the City , and shall be and remain irrepealable until the Bonds and the interest accruing thereon shall have been fully paid. sati sfied and discharged, as herein provided. Section 33. Repealer. All orders, bylaws and ordinances of the City. or parts thereof. inconsistent or in conflict with this Ordinance , are hereby repealed to the extent onl y of such inconsistency or conflict. Section 34. Severability. If any section , paragraph , clause or prov1s1on of this Ordinance shall for any reason be held to be invalid or unenforceable. the invalidity or unenforceability of such section , paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance, the intent being that the same are severable. Section 35. Effective Date . This Ordinance shall take effect thirt y day s after publication following final passage. 02-92532 .02 23 • I • 0 - • 2001. (SEAL) ATTESTED: ..• ... • •• • .. Introduced, read in full , and passed on first reading , on the 6th day of August, Published as a Bill for an Ordinance on the I 0th day of August. 200 I . Thomas J. Burns, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia Ellis, City Clerk for the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced. read in full, and passed on first reading on the 6th day of August, 200 I. Loucrishia A. Ellis, City Clerk 02-92532 .02 24 •• ) I. 0 32 I • -. No . R---- Interest Rate • • - APPENDIX A [FORM OF BONDI [Front of Bond] UNITED ST ATES OF AMERICA ST A TE OF COLORADO CITY OF ENGLEWOOD Acting By and Through Its STORM WATER ENTERPRISE STORM WATER ENTERPRISE REVENUE BOND SERIES 2001 Maturity Date December I. Dated Date . 2001 $ ---- CUSIP REGISTERED OWNER : --------------------- PRJNCIPAL AMOUNT: ------------------DO LLAR S City of Englewood, Colorado , a duly organized and validl y existing C it y and municipal corporation of the State of Colorado, acting by and through the Storm Water Enterpri se (the ·'City ") for value received , hereby promises to pay , solel y out of the special accounts hereinafter designated but not otherwise , to the registered owner named above , or registered assign s . on the maturity date specified above or on the date of prior redemption. the principal amount specified above . In like manner the City promises to pay interest on such principal amount (computed on the basis of a 360-day year of twelve 30-day months ) from the interest pa y ment date ne xt preceding the date of registration and authentication of this Bond. unless this Bond is re g istered and authenticated prior to December I , 200 I , in which event thi s Bond shall bear intere st fr o m the Dated Date specified above , at the interest rate per annum specified above. pa yable semiannually on June I and December I each year, commencing on December I. 200 I , until the principal amount is paid at maturity or upon prior redemption . The principal of this Bond and premium. if any, are payable in lawful money of the United States of America to the registered owner hereof upon maturity or prior redemption and presentation at the principal office of The Bank of Cherry Creek. N.A., in Denver, Colorado , or its successor, as Paying Agent . Payment of each installment of interest shall be made to the registered o wner hereof who se name shall appear on the registration books of the City maintained by or on behalf of the City by The Bank of Cherry Creek, N.A .. in Denver, Colorado , or its successor. as Bo nd Registrar. at the close of business on the fifteenth day of the calendar month next preceding each 02-925 32 02 A-I I • 0 • • • • • - interest payment date (the ··Record Date ··), and s hall be paid by check o r draft of the Paying Agent mailed on or before the interest payment date to such re gis tered owner at his address as it appears on such registration books . The Pay ing Agent may make payments of interest on any Bond by such alternative means as may be mutuall y agreed to between the registered owner of such Bond and the Paying Agent , as provided in the o rdinance authorizing the iss uanc e o f this Bond (the '"Bond Ordinance··). Any such interest not so tim e ly paid or dul y proYided for shall cease to be payable to the person who is the registered owner hereof at the close o f bu siness o n the Record Date and shall be payable to the perso n who is the registered owner hereof at th e close of business on a special record date (the ··S pecial Rec o rd Date··) establi shed for the payment of any defaulted interest. Notice of the Special Record Date and the date fixed fo r the payment of defaulted interest shall be given by first-class mail to the regi ster ed owner ht:reof as shown on the registration books on a date selected by the Bond Registrar . If the date for making any payment or performing any action shall be a leg al holiday or a day on which the principal office of the Paying Agent or Bo nd Registrar is authorized or required by law to remain closed. such payment may be made o r act per fo rmed o n the next succeed in g day which is not a legal holiday or a da y o n which the principal office of th e Paying Agent o r Bond Registrar is authorized or required by la, to remain closed. This Bond is one of a series aggregating S 1.675.000 par value. all o f like da te. te no r and effect except as to number. principal amount. intere st rat e and date of maturit y. is sued for the purpose of paying the costs of pro vi din g certain S to rm Water Enterprise facilities and improvements, by virtue of and in full conformity with the Constitution of the State of Co lo rad o: the City Charter, Chapter 5 to Title 12 of the Englewood Municipal Code; Title 37. Article 45 .1. C.R.S.; Title 11 , Article 57. Part 2, C .R.S.: and all other laws of the State of Co lo rad o th ere unt o enabling, and pursuant to the duly adopted Bond Ordinance. Such recital s hall co nclu s ively impart full compliance with all of the provision s of sa id statutes. and this Bond iss ued containing such recital is incontestable for any cause whatsoever after its delivery for va lue . It is hereby recited , certified and warranted that all of the requirements of law have been fully co mpl ied with by the proper officers in issuing this Bond . The principal of, premium if any, and interest on this Bond are pa yab le o nl y o ut of: (a) a special account designated as the ··Storm Water Enterprise 200 I Bond Account:· int o which th e City covenants and agrees to deposit. from the revenues derived from the operation of th e water facilities comprising the Storm Water Enterprise after deduction of operations and mainten ance costs (the "Net Revenue "), amounts sufficient to pay the principal of and interest o n th e Bonds when the same become due and payable; and (b) if necessary, a special acco unt de signated as the "Storm Water Enterprise 2001 Bond Reserve Account.'' all as more particularl y se t forth in the Bond Ordinance. The Bonds shall constitute an irrevocable and first lien upon the e t Revenu e. but not necessarily an exclusive such lien . Subject to expressed conditions . ob ligati o ns in addition to the Bonds of this issue may be issued and made payable from the Net Re ve nue having a lien thereon subordinate and junior to the lien of the Bonds of thi s issue or. subject to additional expressed conditions, having a lien on the Net Revenue on a parity with th e lien of th e Bonds of this issue , in accordance with the provisions of the Bond Ordinance . It is hereby recited , certified and warranted that for the payment of this Bond . the City has created and will maintain the special accounts referred to above. and will depo sit therein out A-2 •· I • 0 ] • • • • • -.. of the Net Revenue the amounts specified in the Bond Ordinance. and out of such accounts. as an irrevocable charge thereon. will pay the principal of. premium if any. and interest on this Bond in the manner provided by the Bond Ordinance. THIS BOND DOES NOT CONSTITUTE A DEBT OR INDEBTE DNESS OF THE CITY WITHIN THE MEANING OF ANY CONSTITU TIO AL OR STATUTORY PROVISION OR LIMITATION. AND SHALL NOT BE CO SIDERED OR HELD TO BE A GENERAL OBLIGATION OF THE CITY . Reference is hereby made to the Bond Ordinance for an additional description of the nature and extent of the security for the Bonds, the funds and revenues pledged to the payment thereof, the rights and remedies of the registered owners of the Bonds. the manner in which the Bond Ordinance may be amended, and the other terrns and conditions upon which the Bond s are issued , copies of which are on file for public inspection at the office of the City C lerk . [Redemption provisions from Section 4 to be reproduced in this place .] The Bonds will be redeemed only in integral multiples of $5.000 . In the event a Bond is of a denomination larger than $5.000. a portion of s uch Bond may be redeemed. but only in the principal amount of $5 ,000 or any integral multiple thereof. Such Bond will be treated for the purposes of redemption as that number of Bonds which results from dividing the principal amount of such Bond by $5.000 . In the event a portion of this Bond is redeemed , the Bond Registrar shall. without charge to the registered owner of this Bond, authenticate and deliver a replacement Bond or Bonds for the unredeemed portion. Notice of prior redemption shall be given by mailing a copy of the redemption notice, not less than 30 days prior to the date fixed for redemption, to the registered owner of thi s Bond at the address shown on the registration books maintained by the Bond Registrar. in the manner se t forth in the Bond Ordinance. All Bonds called for redemption will cease to bear interest after the specified redemption date. provided funds for their redemption are on deposit at the place of pa yment at that time . The City and Bond Registrar shall not be required to issue or transfer any Bonds: (a ) during a period beginning at the close of business on the Record Date and ending at the opening of business on the first business day following the ensuing interest payment date. or (b) during the period beginning at the opening of business on a date 45 days prior to the date of any redemption of Bonds and ending at the opening of business on the first busine ss day following the day on which the applicable notice of redemption is mailed . The Bond Registrar shall not be required to transfer any Bonds selected or called for redemption, in whole or in part . The City, the Paying Agent and the Bond Registrar may deem and treat the registered owner of this Bond as the absolute owner hereof for all purposes (whether or not this Bond shall be overdue), and any notice to the contrary shall not be binding upon the City , the Paying Agent or the Bond Registrar . This Bond may be exchanged at the principal office of the Bond Registrar for a like aggregate principal amount of Bonds of the same maturity of other authorized denominati ons . This Bond is transferable by the registered owner hereof in person or by his attorney dul y 02 -92532 02 A-3 • I • 0 -• ,4,. .. , ... .. ., • • authorized in writing, at the principal office of the Bond Registrar, but only in the manner , subject to the limitations, and upon payment of the charges provided in the Bond Ordinance and upon surrender and cancellation of this Bond. This Bond may be transferred upon the registration books upon delivery to the Bond Registrar of this Bond. accompanied by a wrinen instrument or instruments of transfer in form and with guaranty of signature satisfacto ry to the Bond Registrar, duly executed by the owner of this Bond or his attorney-in-fact o r le gal representative, containing written instructions as to the details of the transfer of the Bond. along with the social security number or federal employer identification number of such transferee . In the event of the transfer of this Bond, the Bond Registrar shall enter the transfer of ownersh ip in the registration books and shall authenticate and deliver in the name of the transferee or transferees a new fully registered Bond or Bonds of authorized denominations of the same maturity and interest rate for the aggregate principal amount which the registered owner is entitled to receive at the earliest practicable time. The Bond Registrar shall charge the owner of this Bond for every such transfer or exchange an amount sufficient to reimburse it for its reasonable fees and for any tax or other governmental charge required to be paid with respect to such transfer or exchange . This Bond shall not be valid or become obligatory for any purpose or be entitled to an y security or benefit under the authorizing Bond Ordinance until the certificate of authentication hereon shall have been signed by the Bond Registrar . rN TESTIMONY WHEREOF , the City Council of the City of Englewood has caused this Bond to be signed by the facsimile signature of the Mayor , sealed with a facsimile of the seal of the City, and attested by the facsimile signature of the Clerk thereof. all as of the Dated Date set forth at the beginning of this Bond . [Facsimile Seal] Attested: By [Facsimile Signature) City Clerk C!TY OF ENGLEWOOD. COLORADO By lFacsimjle Signature) Mayor CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds of the issue described in the within mentioned Bond Ordinance. Date of Registration and Authentication: 02-92532 .02 THE BANK OF CHERRY CREEK. N.A. Denver, Colorado , as Bond Registrar BY~~~~~~~~~~~~~~~~~ Authorized Signatory A-4 ,. ' ' I • 0 • • ~ ...... .. • • BY AUTHORITY ORDINANCE NO._ SERIES OF 2001 COUNCIL BILL NO. 47 INTRODUCED BY COUNCIL MEMBER ______ _ A BILL FOR AN ORDINANCE APPROVING A RATE INCREASE TO THE STORMW ATER FUND FOR THE DARTMOUTH AVENUE STORM SEWER PROJECT. WHEREAS, the Stormwater Fund was established in 1985, to provide sys tem maintenance, NPDES permitting plan reviews and field locates but did not provide fo r major capital improvements and rehabilitation ; and WHEREAS, the Englewood Utilities De partment conducted an inve ntory s tudy of the City's storm sewer system and found a storm sewer line in the 1400 through the 2400 blocks of West Dartmouth Avenue in need of rehabilitation; and WHEREAS , the existing storm sewer h a s experience d degradation to a level that immediate rehabilitation is necessary s ince the lower portion of the line is completely disintegrated ; and WHEREAS, in January 2000, the City Council granted approval for professional design services to prepare a complete set of construction drawings for the Dartmouth Avenue Storm Sewer Rehabilitation Project; and WHEREAS , a rate increase was deemed necessary to finance the revenue bonds issued for the Dartmouth Avenue Storm Sewer Rehabilitation Project; and WHEREAS , current funds are not adequate to meet proposed bond obligations ; and WHEREAS, this Ordinance would increase fees to finance the revenue bonds issued for the Dartmouth Avenue Storm Sewer Rehabilitation Project; NOW , THEREFORE, BE IT ORDAINED BY THE CITY CO U NCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: Section l. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 12 , Chapter 5, Section 6, of the Englewood Municipal Code 2000 , t o read as follows: 12-5-4: User Fees. E . The Englewood City Council hereby gives approval for establishment of the following Storm Water Users fees : Single-Family Residential: Flat rate charge of six !iellttrs eighi) eents (iG .89) sixteen dollars and sjxty sjx cents ($16 .66} per year to be biJled quarte rl y with the water and sewer billing. -I - • ) I • 0 - • • • • I• ~ .... ,.,. • - COUNCIL COMMUNICATION Date Agenda Item August 6, 2001 11 a i, INITIATED BY STAFF SOURCE .. Subject Ordinance Approving Rat e In crease for the Dartm o uth Avenue Storm Sewer Proje c t Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The original Stormwater Fund was established in 1985 to prov ide system maintenan ce , NPDES p ermitting plan reviews and field locates but did not provide for major capital improve ments and rehabilitati on. Th e motion for award of contract, an ordinance approving revenue bonds and the ordinance re co mm endi n g approval of the stormwater fee increase are being presented to Council at th e same tim e. RECOMMENDED ACTION The Utilities staff recommends Council approval of a rate increase to finance the constructi o n of th e Dartmouth Avenue Storm Sewer Rehabilitation Project. The bill will be $16.66 per residen ce per ye ar. A ll o ther property classes will be $0.00554 per square foot of impervious area . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Utilities Department conducted an inventory stud y of the City's storm sewer system and found a sto rm sewer line in the 1400 through the 2400 blocks of W. Dartmouth Avenue in need of rehabilitation . Th e existing storm sewer has experienced degradation to a leve l that immediate rehabilitation is necessary si nce the lower portion of the line is completely disintegrated. In January 200 1 approval was granted for professional design services to prepare a complete set of construction drawings for the Dartmouth Avenue Storm Sewer Rehabilitation Project. FINANCIAL IMPACT A rate increase was deemed necessary to finance the revenue bonds issued for th e Dartmouth Avenu e Storm Sewer Rehabilitation Project. Current funds are not adequate to meet propose d bond obli ga ti o ns . LIST OF ATTACHMENTS Ordinance .. I • 0 I - • • •· ~ .. .. .. .. • • ' A.11 other classes of customers will be billed $9.99226 filLQ.912..:! per s quare foot of impervious area within their property boundaries with a mmimum annual billing of ei., lieHare eight~ eente €S6.89) si xte en dollars a nd s1xtv s1x cents {$16 .66) to be billed quarterly with the water and sewe r billmg . Introduced , read in full , and passed on first reading on the Gu, day of August, 2001. Published as a Bill for an Ordinance on the 10th day of August, 2001. Thomas J. Burns, Mayo r ATTEST: Loucrisbia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced , read in full, and passed on first reading on the 6th day of August, 2001. Loucrishia A. Elli s -2- ' . ' • I • 0 • • • '' •' ORDINANCE NO._ SERIES OF 2001 • • • BY AUTHORITY A BILL FOR f (4,U COUNCIL BILL NO . 52 ~COUCIL AN ORDINANCE APPROVING AN INTERGOVERNMENTAL GRANT FOR THE STABILIZATION OF THE THOMAS SKERRITT HOUSE BETWEEN THE COLORADO STATE HISTORICAL SOCIETY AND THE CITY OF ENGLEWOOD . WHEREAS , the Englewood City Council a uthorized the purchase of the Thom as Skerritt House and the surrounding four (4) lots located at 3560 South Ba nnoc k Street in order to preserve this historically significant s ite by the passage of Ordinance No. 16 , Series of 1999 : and WHEREAS , the City applied for and receive d a Colorado Hi storical Fund gr a nt t o conduct a historical assessment of the property m 1999 : a nd WHEREAS, the Ci t y fund ed a n e nvtronm e ntal as essme nt of the bwlding a nd a civil survey of the prope rty: a nd WHEREAS , the City applie d for a nd rece ived a second Co lorado Hist orica l grant for $80,000 to remove hazardous materials and stabtlize the building fr om furth e r structural deterioration : and WHEREAS , the passage of tlus Ordinance will authorize acce ptance of the second Colorado Historical Society grant m the amount of SB0 ,000 with matclung fund s of $40 ,000 from the City of Englewood and another $40,000 from t he Arapahoe Co unty CDBG grant wtuch will be used to a ddress the stabilization of t h e Thom as Skernt House in order to prevent further deterioration ; NOW , THEREFORE, BE IT ORDAINED BY THE C ITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon 1. The City Council of the City of Englewood , Co lorado he r e by a uthorizes the Intergovernmental Grant for the Preservation and Hazardous Materia l of the Skerritt house between the Colorado Historical Socie ty and the City of Englewoo d , attached hereto as "Attachment l ". Sectjon 2. The Mayor and the City Clerk are hereby authorized to sign and a ttest said Contract on behalf of the City of Englewood. Introduced, read in full , and passed on first reading on the 6th d a y of August, 2001. -I - • I • 0 • • July 23 , 2001 Mr. Hank Long Director of Library Services City of Englewood 1000 Englewood Parkway Englewood. CO 80110 RE : Project # 01-0~-IO I ,. •,. • • - COIDRADO HISTORICAL SOCIETY Preserva tion and Hazardous Material Removal Dear Mr. Long : Enclosed please find the Contract between the Colorado Historical Society and the City of Englewood pursuant to the State Historical Fund grant award program . Review the Contract carefully and call if yo u have any questions. Please do not separate , alter or remove any part of the Contract. Obtain signatures of the grant recipient and/or property owner. if applicable. as required . o n each of the Contract cop,e s . Be sure that the person signing the Contract has signature aut hont y and has their s,gnature(s) attested (sample signature page enclosed). Mail all copie s back to our office by August 29, 2001. When the Contract has been fully executed an onginal signature copy will be se nt to yo u for your fi !es . An advance payment will be processed once the SHF Payment Request Form (co p y enclosed ) is received (you may return the request form with the contracts). Fo r technical assistance regarding yo ur project, please feel free to contact Nan Rickey@ (3 03) 866-2716 . Sincerely , t:1 /1111~ ~driaJ .1~:izO • f ntrac ts Officer pw X \G1fts \Docu mc n1 \23 1JJ 052 doc A pp ro \'.JV(O\.'Cr ltncr for Co ntracts reque sting s1gn:11u res State Hismrical Fund • 225 East t61h Avenue . u11e 260 • Denver. Co lorad o 80203 • (3 03) 866-2825 • -~ 0 I • 0 -• .. • -·, Published as a Bill for an Ordinance on the 10th day of August, 2001. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I. Loucrishia A. Ellis. City Clerk of the City of Englewood , Colorado, hereby ce rtify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 6th day of August, 2001. Loucrishia A. Ellis -2- ,. • ) I • 0 0 • • • I• ... .. •• . -.. ro1 m ____ rR 5,9 J oc~r~.Mk«A w~, Co lor:ido HJSton c:tl Society ~~~.~1 I ~'2:!!ttrrrr~a:; APPROVED WANER FORM CXIX-C CONTR.\CT THIS CONTR .,.CT. Made tlus day of . :oo l . by l!ld be tween the State of Colo r,do for the use l!ld eadit Jf the Department of Higher Educauon. Colorado Hmonc:tl Society . 1300 Broadway. Den ver, Colorado 80203. herema.iter rcierred to ,s the State 1.ncl/o r the Society. l!ld th e City of En1lewood . 1000 En1lewood Parkway, Englewood. CO 80110. herema.it er reierred to as the "Contractor", ,\/liEREAS. authonty exJSts m the La w l!ld Funds have bee n budgeted. appr o pnated l!ld otherwise made available l!ld a su ific tent un co mnu tt ed b:tlance thereof remains av ai lable for encumbe:rng and sub sequent pa yment oi tlus Co ntract under Encumbrl!lce Numbe r ----- m Fund 1'umber .10 1. Ap propnatton Acco <in t .10 1 and Orgaruzatton SHFG . l!ld VHEREAS . required approv:tl . cl ell'l!lCe l!ld coo rdmauon nas been ac co mplis hed fr om l!ld w11h appropnate agencies . l!ld ,VHEREAS. Ar ttc !e 1:.r 1-1'.!0l of th e Colorado Re vu ed Statu es and Subsemon t 5 1 ) (I ll ) oi Section 9 oi .-vttcle XVlll o f th e sta te constt ruaon. provide for the annu:tl d1Str 1bu u on oi monies from the State Hmon c:tl Fund : and VHEREAS. the Concr:icc or 1s ehg 1ble m :icco rd:in ce 1.1.1th !~\1, ro rece iv e l StJte H1sron c::tl Fund pre servauon grl!l t a.war d for J qu1s 1u on .:m d development pro;ects with cumullttve grlllt l"ards o,er SI0.000: l!ld ,VHEREAS. tlus Contract lheremaiter "Contract" or ·Agreement ') sets fonh the Scope of Work. Budget l!ld L1St of Su bmm s. he cemaiter rc:erre a to as the "Pro;ecr·. and VHEREAS. the Contr acto r IS a public enmy and the owne r in fee simple of cenatn re:tl proper:y ,n Arapahoe C oun ty . Col orac o. "lu ch pro pe rt y has been l:sted m a loc:tl regtster of lustonc properttes as th e Thomas Sk ema House located at 3560 S Bln!lock S t . Engle,..ood. CO hereina fter referred to as the "Prnpeny." an d wluch Propeny IS more pamcular lv descnbed as foll ows· LOTS l ~ TO 17.1:SC LU S!VE. BLOCK 6 SKERRITTS ADDITIO:-J TO ENGLEWOOD. THIRD F!Ll1'G COL':,,i TY OF ARAPAHOE ST A TE OF COLORADO -OW THEREFORE. 11 IS hereb y >gre ed thJt· -• I. The Contractor sh:tl l us e funds subiect to tlus Contract m suppon of Project #!OOl-ll!-101 "Preservation and Hazardous '.\laterial Removal " m accordl!lce wtth the Scope of \Vo rk attached hereto as Ex lu b11 A. including :tl l ,p plic able pllll s l!ld spec,tic ,1 1ons de velo ped pnor to or dunng the co ntract penod. wluch are hereb y made a pan o r' tlus Contract by re ference 3. ~. APPLICA BLE STANDARDS The Co ntrac tor agrees that 11 will perform the acttvme s l!ld procuce the de li verabl e s !1Sted 1n Exlub1t C 10 ac c ordance w11h the pemnent secttons o f the app hcab le Secretary of the lmenor s Standards f o r Archaeolo gy and Hwo ri c Presen·a11 on. Contractor sh:tll perform lll Y and :tll survey ac u v,ues an d submrn:tls m acco rdance with the Colorado CuJ rur:tl Reso urce Survey ~llll<i:tl. Volumes I llld II . June 1998 fo r an y an d :tl l surv e y acu v,ues l!ld pro;ects (copies of wluch Me lvJJ lab le thr oug h th e Soci<ty ). RI GHT OF USE . All copynghtable maten:il s l!ldlor submm:tls developed or produced under L'us contract are subiec t to a royll ty -free . none,clu51ve. and ,rrevocable h cense to the Society to reproduce . pub lts h. dts p lav. ;,erfo nn. prepll'e denvatl\e wo rks or othe:-.\lse use . and auth onze others to reproduce . publish . display. perform. prepll'e denvau ve ••orks. or otherwtSe us e. th e wo rk or work s for Soctety l!ld!or State Hmonc:tl Fund purposes CO:-.ITR.\CT EFFECTIVE DATE : Th• term or this Contract shall be from August 31 , 2001 through October JO. 2003 . The performance of th e wo rk must be commenced wt1h tn S1'ty (60 ) days o r' the Contract be gm ru ng dat e unless a longer penod 1s appro "ed m wnting by the State Hmonc:tl Fun d Adrruntstr ator The pe,:orrnance or' the wo r k must be comp leted no later thl!l thirty (}01 days prior to the Contract endin11 date . • A t t a C h m e n t 1 ) I ~ • 0 • . . .. .... • . . . . ' -' 5. COMPENSATJ0:,,1 A.'iD :vJETHOD OF PAYME:sit: In cons1der,tton of the proiect descnbed m E:<lub1t A llld subJect to on time.,, de liv er; of completton o i the :ru lestones cont:uned m the list of Submittals set forth m Ewbn C. the State shall pay to the Contractor a grant not to exceed eighty thousand dollars ($80,000.00). Unless other.vise spec,ri ed m E:<lub lt C. the State shall advlI!ce forry-percent (40%) oi th e tot al grlllt :unount upon proper exe cuaon of ttus contract and upon sub[!Uss,on of a SHF Payment Request . fifty-per cent 150"o J will be paid to th e Contractor upon subrrussion and appro val of the lntenm SHF Financtal Reporr. The remaining ten-percent l lO"'o ) oi the grlllt amount shall be paid iollowtng Contractor's submirnon md the States appro,al oithe Fina l SHF Fina.nc:al Report Jnd S HF Pa yment Request Form /.~ttachments J and :J. All pa yments are s.:biect to the sausfactory comp ietton of [Illlestones descnbed m E:<lubtt C and submissio n bv Contractor of either documented proof or certification of expenditures with each financial report. · Expenditures incurred by the Contractor prior to eucution of this Contract are not eligible e:<penditures for State reimbursement. lf the Proiect mvolves matctung funds the SHF may allow pnor expenditure s m funherlllce of th e Scope of \Vo rk to be counted as pan of such matching funds . 6. ACCOUNTNG At all umes from the effective d;ite of tlus Contract unt1l co mp leuon of this Proie ct. the Contrac to r shall m:unt:un properl y segregated books oi State funds. matctung funds . llld other funds assocllted with tlus Proiect All receipts and expenditures associated wuh s:ud Proi ect shall be documented m a det:u led llld spec1fi mlllnec . and shal l ac cord wuh the Budger set forth in E:<lu b,t B. Contractor may adiust budgeted expend iture amounts up to ten percent (1 0 "c i w1thm said Bud get "'thout ,pprovaJ of the State llld document the :idJustments m the next financ ial repon . AdJus tmem s oi budget e,pend!ru:e :unounts ,n e.cess o i ten ?•rceot (10%) must be authonzed by the State In no event shall th e State s tot al finlllc1al o bhgauon e<ee ed :h e :unou nt sho wn ,n P,r,gr,ph 5 above . Interest earned on funds advanced b~· the State shall be applied to eligible proJect e.penditures. and will be deducted from the linal payment. 7. AUDIT. The Sta te or ,ts ,u,honzed representau ve sh :tl l have the ngh t to msp ec:. eur.::oe . and audi: Concractor's rec ords. bo o ks. and accounts. includmg the ngh t to iure ll1 mdependen t Cerufied P ohc Accountant of the St ate s choosmg llld at the State s expeose to do so . Such d1scrctton:1ry ludH may be c::tlled for :it 1n y u m: J.nd fo rm~ reJ.son ~o m t!1e effec::vc dJ.te of th.ls Contr:icr unt !l lhre: (3) years after the date :in:tl pa yment fo r this Proiec t 1s rece iv ed y :he Contractor prov1 c!ed elm the ,ud,t ,s performed Jt a u rr.e conveniem to the ContrJctor Jnd dunng regu lar business hours . 8. PARTIES RELATIO NS HIP · CO:,,/TRACTOR IS A GRA:S:TEE A1'D :S:OT A,'\! E:-IPLOYEE OR AGE:,,iT OF THE ST A TE . CONTRACTOR SHALL HA VE :SO At.;THORITY. EXPRESS OR r\lPUED. TO Bl'-D THE STATE TO A:,,/Y AGREE:-IE:,,/T S OR l.iNDERST . .\..'.:DC\'GS WITHOU T THE EXPRESS \VRJTIE:,,i CONS E1 T OF THE STATE . IBE CONTRACTO R REPRESENTS THAT IT HAS OR SHALL SEC URE AT ITS OWN EXPE NSE ALL PERSON:S:EL BY THE CON TRA CTOR UNDER THIS CONTRACT THE CON TR ACTO R SHALL BE RESPONS IBLE FOR PR OV!Dl:,,/G WORK.\IE:si S COMPESSATIO:S: CO\'ER .-\GE A:S:D t.;NDIPL OY.\,!E NT co:--JPE :S:SA TION CO\'ERAGE FOR ALL OF ITS E:-I PLOYEES TO THE EXTE:,,/T REQL:IRED BY LA W. AN D FOR ENSURING THAT ALL St:BCO:S:TRACTORS Yl..\l:,,/TAf.'I St:CH lNS t:RANCE CO:-,/TR.-\CTO R SHALL PA Y WHE'.'i DUE ALL REQ URED E:vJPLOD,IE'.'iT T . .\..'<ES A:,,iD INCOME TAX wmrnOLDl:S:G ALL OF THE SERVICES REQt:IRED HEREu;\1)ER SHALL BE PERFOR:--IE D BY THE CONTRACT OR OR t:NDER ITS SL.PER'.'ISIO.'i 9 REPRESE :-,!TATIVES -\:S.D :-,!OTICES All nou ces requtred to be g,ven by the par ues hereunder shal l be gtven by certified or reg mered m:u l to the mc!mduals at the addresses set forth below . who are also the designated representau ves for the proi ec t. An y parry m:i y fr o m ti me to ume des1g'!lJ.tc m wnung subsurut c addres ses or persons to whom such :1ouces shall be sent. To the State To the Contractor: Glo na J. Muntz Contr,cts Officer Co lo rado H1 stoncal Soc iety State Hmo ncal Fund 2'.!5 E. 16th Avenue , Su,te !60 Den ver . Colorado 80203 -16:0 '.\,Ir. Hank Long Dttector of Library Services City of Eng lewood 1000 Eng lewood Parkwa y Eng lewood. CO 80 110 JO . ADA COM PUA:,,/CE: The Contractor assures the State that lt all umes dunng the pcrformlllce o f tlus co ntr1ct no qu:1ltried mdi v,dual with a dtsab1hcy sh:t.ll. by reason oi such disab1licy . be excluded from pamc,pauon m. or derued benetits of the ;erv1ce . progr:uns . or acumies per.armed by the Contractor. or be subiccted to any d1scr.[1Unauon by the Contracmr upon whi ch :,ssurlllce the Sute relies . Funher. Jll re:tl propeny ,m pro vements shall coniorrn to app hcaole ADA requttements . 11. DISSE'.\IINATIO N OF ARCHAEOLOGICAL SITE LOC,1.TIONS . Contractor agrees to pro vid e the Society wuh co pies o i lll} 11thxolo11c:t.l surveys developed during the course of. or under a proJCCt fi nanced e,ther wholly or m pan by the Society Co ntrac to r a,rees to otherwnc restnct access to such ;uch:ico locrcal surveys. as well 1s access to any other miormauon concemmg the nature and Iocauon of ;uchaeolo!llcal resources . ,n stnct accordance with the provmons of the Colorado H1s to nc:tl S<>c1et y. Office oi Page ! oi 7 • • • I 0 I • 0 •• • - • . . • • Arcciaeology and Historic Preservanon. Po~c:1 on D1sserrunauon oi Information. adopted October 1991. a copy of wluch ,s avll lable -,, from the Society 11 . REPORTS . Contractor shall deliver pro1ec1 progress repons to the State every si., (6) months dunog the pro1ect which document the progress of the Pro1ect and SHF Finan cial Reports (Attachment I ) as descnbed and at the wnes m the Usr of Submmals (E.uub,t C). 13 . MATCHl:-IG FUNDS : Contractor agrees to ma.kc ava.ilable the necessary funds to complete the Proiect and provide matching fu nds . ii applicable, m accordance with the Pro1ect Budget as set for-Ji in Exiubu B In the event that said matching funds ecome unavailable. the State may. in 1ts sole dtscre~on. reduce its total funding COmIDJtment to the ProJeCt m propomon to th e re~uc:1on in matching funds . • If the total funding set forth in the Pro1ec1 Budget 1s not expended on completion of the ProJect. the State may reduce us ?ro-rata share of the unexpended budget. 14. CONSliL T ANTS/S ITE V ISITS The State ma y : a. Re view an y ;,ro1ect planning documents and methods for conformny with the appli cabl e standards. manuals . and gu1de !ines. b '.'vi a.kc Sile ,·1s1ts as determined nece ss ary by th e State before. dunng and/or at the conclusion of the P:01ect to prov ide o n-Ille technical advice and to monitor progress Any e'°rc,se of the State 's nghts under tlus Paragraph I~ shall not relieve the Contractor o i any oi its C o ntract o bltgano n s 15 . PUB LIC ACK.'IOWLEDG'.'vlE:-IT OF R;:,./O!NG SOURCE : In all publtcauons and simi lar matenals funded under tlus C ontr1ct. , credu ltne shall be included that reads: 'Trus proiect is/was plld for in pan by a State His1 oncal Fund grant from the Colorac!o Histoncal Society • In addmon. the Society reserves the nght 10 requtre that the following sentence be included in an y publtcauon o r surubr ml!enal funded through tlus program: "The contents and optruons contllned herein co not nec:ssan ly r:flec: :he q e·.v s or policies of the Culorado Ht stoncal Soc1 ery ". 16. PRESER VA TI0:-1 OF PROPERTY The Contracto r he:eby agrees 10 the fo llo wing fo r a ?e::o d o i :en 10\ ;ears co nur.encing o r. the date of tlus Agreement 17. a. Without the e'<press wntten permis sio n of th e Society. no constructton . illter::lll on. tnO \e:n ent . re !oc:m on or rer:1ode l!ng or :in : other ac11 v11) shall b<e undert:ilcen or pennrned to be underta.ken on the Pro perty "-ntch "-Ould :il tec :lie asdutectural lppearance o i the Property . ad,ersely •ffec, <he st ructuro.J so undness o f :he Pro perty. or enccoach on the o pe~ land Jrel on the Property . provided. hO'-'C \Cr. th:1t I.he rcconstrucuon. rep:ui. or rcst0rlt1on oi th e P:-opert y, dam:igc :o 14-NC :"1 has resu lt ed from c:isu:i.Jt:., ass . detenorano n . or we:ir and tear. sh>ll be pemutted sub1ec, to the pnor wntten appro, o i The Soc:ery . provided ~,at suc h rcconstrucuon. repa.H . or rcstor:ltlon 1s performed .iccording re the Secret:iry of th e ln re :-:or ·s Standards fo r the Trea:menr of Hist oric Proptrttes and the Gwdthnes fo r Presen.•1ng . Reha bllua:m3 . Re storing , and R~co n.Jtr.,c:inJ H1s tor:c Bmld1r.g s . :ssued :ind as rr.a y from :1mc to time e am e:ided b~ the U.S Sc cret J.rJ of the Imcnor. he :-e 1naiter co ll ecuvc ly :-cfcrred to as rhe "Star.dara's · In ,JI events . the Contrlctor further ,grees at ,JI u mes <o mllntlln he Prope rty in a good and sound sme o i re?llr and o mllntlln the Pr open:, J cording to d1~ Standards so as to prc•,cnt det enor::m on of th e Property b . ln L1e .-e~t ot se,ere d:lln.lge or toto.J destrucuon 10 the Prope,~· (defined. for the pllfllOSC oi :lus Agreement. JS sudden damage or loss caused y fire . earthqua.ke . inclement weather. lCtS of the public enemy. not o r other smul:i: c,sual ty ) not due to the fau it o f :r.e ContrJctor tlm Agreement shall temunate as oi the date of such damage or destrucuon. c. The Society. or, duly ,ppomted representauve of the Society, shall be pennmed to inspect the Pro pert y lt ,JI reJSonable umes in order to JSC!rtJ.m 1i th e Jbo"c co ndrnons :ire being observed . d. To the e,tent Juthonzed by law . the Contractor shall indemmfy, save. and hold harmless the StJte. 11s emplo,ees and Jgeots . agllnst an y and J.11 lllms . damages. ltabtl11y and coun aw:irds. including costs. expenses. and lttome::s ie:s incurred JS l resui t o f an y Jct or o mis sion by the property owner, or its employees. agents. subcontractors. o r assignees pursuant to the tenns o i thJ s contract. RE:-.tEDIES In ,Jdrnon 10 any other remedies provided fo r in this co ntract. and wuhout luruung 11s re:ned,es o the r.<t se avai llbk at law. the s,,1e :nJy exerci se the iollowmg remedial acuo ns ,i the C o ntractor subst:lllually fllls ,o sausf:, or pert'orm the dut:es and obl,gauo n in ,tus Conu-act . Substanuai fai lure 10 sausfy the dunes and obltgauons shall be deriaed to mean s,gmrican <. insuific:ent. in correct. or improper ?Crformance. ac11v 1ues. or inacuon by the Contr>ctor. These remedial ,cuons :ire as follows : a. Suspend 1he Contractor's performance pending necessary corrective acuon as specified by the State without C o ntr1ctor's entulcment :o od1us,ment ,n pnce/cost or sc hedule : and/or b . Withhold payment 10 Contractor unul the necessary services or correcuons ,n performance :ire sausfacton ly completed m occordan ce wnh the Srandards . the SHF Grants Manual and/or the term.s an d condiuons oi tlus ContrJct : and/o r c. Request the re mov,J from work on the contract of employees or agents of the Contr,ctor whom the State JUS!liies as being incompetent. c:ireless. msubordinJte. uosumble. o r otherw,se un,cceptable. or whose continued employment o n 4~e contr,ct the State deems 10 be con trary to the public mterest or not 10 the best interest oi the State : and/or Page 3 or7 . ' ) I • 0 • • . . •• - d. De ny payment fo r those services or obligauons wtuch have not been performed and wc _:h due to Clfcumstances cau sed bv the -,, Contractor ClI\nOt be performed. or 1f performed would be of no value to the State . De ~,al of the lIDOUnt of pa vment must be reasonabl y related 10 the value of work or performance lo st to the State ; an d/o r · e. Declare all or part of the work me li gtble for reimbursement : and/or f. In the event o i a v,olauon of tlu s Agreeme nt . and .n addmon to an y remedy now or hereafter ?rov1 ded by law . the Soc,erv ma v. followmg reasonab le notice to the Conl!Jctor msu rute sutt to en;om said v10lauon or to require the restorau on oi tr.e Prop ert :, o ,is condiuon at the u me of ttus Agreement or co nd mon at the :,me oi the most recent sausiactory mspecuon by the Soc,ery The Societ y shall be enutled to reco ver all costs or expenses lllCUrted m connecuon with such a suu. mc!ud ing all co urt costs and Juorney·s fees g. Termmate the con trJC t fo r default. 18 . CU~IL 1-A TlVE EFFECT. The abo ve remedies :ue cu mu lau ve and the StJte. m ,cs sole d1screuon . :nJ\' e.erctse lll V or all of them 1nd1 v1 duall y o r S1 mu lt ane ously · · 19 TER~tr.,IATIO:si OF CONTRACT FOR DEFAJ;L T . If through an y cause . the Contractor shaU fa,! to fulfi ll m a u me ly llld proper manner its oblig au ons under tlus Contract. or 1f the Contrac tor shall violate an y o i the covena.~ts. agr eements . or mpuiac,o ns of 1tus Contrlci . the Stat! shl.Jl. m add itio n to other remedies. thereupo n h:1 ve the nght to te!"!Illn:ne ttus Contract for defaul t by gi ving wntten nouce to the Contractor of such tennmat1on and spec,fymg the effe ctive date there o i. at least five 15) days before the effe c:ive date o f such ter!lll nauon . ln that event. all firushed or unfirushed docuc,ents. data . srudJe s. su:·:evs. drJwm.s. macs . models . photographs. products. submittals. and reports or othe r matenal prepared by the Contract or unde, tlu s Co ntrac t sh-:U I. at ihe opuon of :he State. become tts property. and the Contrac tor shall be enttt!ed to recei ve ;ust and equttJb le co mpen sauo n fo r m, sausfocto ry work co mpleted on such documents llld other matenals . Notw 11hstandmg th e abo ve. Contractor shal l not be re he,·ed oi hab,hty to the StJte :·or an y damages sustained by th e State by vmue of any breach o f :h e Co ntract by the Contractor. :ind the State may wn hhold an y ;,ayrne nts to th e Contrac:o r fo r the purpo se o i moff un ul such ti me :lS th e exac t l!DOUnt oi d:unages due he State from the Contracto r Jie detmruned. 20 TER~IL'IATION BY ST A TE . The State ma y terrruna te tlus Contract at 111 y nm e the State detemu nes :hat the purposes of :he dtstnbuc,on of State monies under the Contract wou ld no longer be served by complell o n oi the ProJect. The State shJ.1 1 effect such terrrunJ.uon by gi ving wnt:en notice of tenrunJt1o n to L~e Conr :J.ctor l!ld spe c:f:,ing t:1e ~ffect1v e date there of. l t !e:ist t\\.ent y (20 ) da ys before the oifecuve date o f such terllllllall o n In th at event. all ti n,shed or · nfinished doc uments and oth er material s paid for wnh State funds sh al l. at the o pllon of the State. becoree as properry If he ContrJct ,s ter:runated y the State JS pro vided herein . the ContrJ.ctor will be pa.id ll1 1mount which belts the s:ime rJ.tl O ;:o the to t::U .:o rr.?ens :uion lS the serv ic es Jcru:i.ll y perfo rmed be:1r ·o the to t:il ser v1c::s of the Contr:ic tor CO\'ered by tlus Contr:ict . less pa ymen ts oi co mpen sau on ;,re v1ously mJ de PrO\Jded . hO \l•C '-Cr. thJt !f less th:in Sl'<t:' percent (60%) of the ;:,ro1 ect co,,.e ::d by h.J.s Cont r:ict has ce:i .:o mp l~te d -.ipon th e effe tlVI! dJte of such ter!lllnauon . the Contractor shJ.11 be re,moursed (ta addm on to the ab ov e payment ) fo r that poru on of th e ac:ual out-of-pocket e~penses (not oth!!"',\'ISC reimbursed undc:-UUs Co ntract mc arr~d b~ :he ContrJctor dunr:g L,c. ContrJct pcnod \\tuch ue J1 rect h attnb utab le to th e un co mpleted poruon oi the proJect co ,·ere d b this Comroc: li tlus Cor.::a t is ten,unated due to :he fault of th e Contractor. P:uagraph 19 hereof re !Jtl\·e to ternu nauon shll! ap pl) c I . CHANGES . nus ContrJct ,s mtended as the co mplete ,ategrau on oi al l unde:standmgs etween the ames . :it tlus ume. and no pn or or ontemporane ous addmon . de lou o n. o r other :unendlt:e nt hereto . including an increase or decrease m th e :unount oi monies to be paid to the Contra to r. shall have an y fo rce or effect whatsoever. unl ess em bo d ,ed m 1 "ntten contract :une ndm ent mcorporaung such changes executed and approved pursuant to the States Fiscal Rules. ~otwahstllldmg tlus prov1s 1on. modJt"tc Jt1 o ns to Exmbtt A (Sco pe of Work) and/or to E:tlubtt C (List of SubmntalsJ ma y be ap proved by letter o f agreement. agreed to m wnung by J.11 pam es. pro viding that ao suc h letter of agreement may alter either the total :unount of funds pa yab le under th e con tra ct. as set fort h in P:ua graph 5. o r the cont:Jct penod. as set fo rth m PJiagraph ~. unle ss such change s Jie emb odi ed m a wntten co ntract :unendment executed and approved pursuant to the States Fiscal Ru les . 21 . CONFLICT OF NTEREST. Contractor agrees not to engage many co nduct. act:v,ry . or transacuon related to tlu s co ntract wtuch wou ld consUtute a co ntltct of mt erest under an y appltcable State or Fedec al !aw ~3 CO~JP LIA~CE WITH APPLICABLE LA \VS . At J.11 u mes dunng the pe:fo rmance oi ttus Contract. th e Co ntrac:or shall stnct l; adhere to al l Jppltcable Federal and State Jaws that have been o r ma y here:iiter be estab lish ed . SEVER . .\BILITY To the extent that ttus Contract mJ y be executed and per io rrnan ce o f the obltgauons of the pames ma y be accomplished w1ttun the intent of the Contr:ict . the terms oi tlus Contract :ue se·,erab le . and should 111 y term or pro v1ston hereoi be de cl Jied invalid or become moperauve for any reason. such mvaltd,ry or failure shall act :iifect the val,dtt y of an y other term o r pro vtSton hereof. The waiver of any breach of a term hereof shall not be construed JS waiver oi an y other term . 15 . BINDING ON SUCCESSORS : Except as herein otherwise provided. tlus Contract shall mure to the benefit of and be binding upon the pan1es. or an y subcontr:ictors hereto. and their respecu ve successors and assigns . 26 . ASSIGNMENT: No party. nor an y subcontractors hereto . DUY amgn 1ts rights o r du!les under tlus Contrac t without the pno r wntten consent of the Olhcr p:irttcs . Page 4 of 7 I • 0 - • • • • .. • - 27 . SURVIV AL OF CERTAIN CONTRACT TERMS : =-1otw1thstanding an ything herein to the contrary, the parties understand and .-,1 agree that o.11 tenns and conditions of this contract and the exhibits and anachmcntS hereto which may requ,re conunued performance oi compliance be yond the termination date of the contract shall survive such tenmnauon date and shall be enforceable by the State as proVIded here in in the event of such failure to perform or compl y by the C ontr:iCtor or !IS subcontractors . Page5 of7 I • 0 - • • • , .. • - SPECIAL PROV ISI01'S CO:"I TROLLER'S APPROVAL I 11us co otr:ict shJll o.ot be deemed valJd unul u sbJlJ ha ve been 1 ppro \'Cd by the Contro ller o f th e Su tc of Colo r:i do or such lSS1Staiu 15 be ~lV des ign:tte n..1 s .,re, 1s1on 1s .1pp hc :iblc to m y cootrJ.ct 10volv1ag the payment of mone y by the State . • Fl".\'D AVAILABILITY :. Fi n1n c1JI oblJg;iaoos of the StJte oi Colo u do payJblc Jftcr th e c urrent lisc1 l ye1r lrC cooacge :a upon funds for that purpose bcrn g lppro pna.tcd . budgeted. Jod )ti:~r w 1se made 1v,ulablc BOND REQI.JTREMDIT 3. If tius cooU'l ct 1ovolv es the payment of more thJo fifty thous an d do ll u s fo r the coastrucuoo . ere cu oo. repa.u . ma1otcn:iocc. or 1moro1,cm cot of 1o y bu il d.mg road. :r.dg e. vi a.duct. Nao.e l. exCJ\•auon or other public work: fo r tlus Sutc . the Contncto r sha ll. b~fo rc ~ot eno g upon the ;,crform an ce o i an :,-such 'NOr L incl ud ed ;o L1J S .:ona-:1ct. duly c.,ecute :ind d e liver to the: Su1e o ffic1 l l who wall sign the coot:Jct. J jood J od i:uffi cieot bond or o the r ilcccptl bk sure ty ta be Jpprovcd bv SJ.!d o ffi cil.l m J f Cnll s um oat less thl.D. o ac -ha}f of c.b e to_ul imount p:i yab lc by :h e :cm1s o r :hls .;on tr:m . Suen boc d shall be dul y e,ecu ted b~' l quJ l.ift cd Co roor.ue sure ty ..:o ndrnoaed upo n lhc faithful pcnormancc or the co ntract and 10 J ddioo n. s:ball pro vi de thlt 1! th e Contr:i.cror or hls ;u bconttactors ?l1i to ~uly plv (or aav llbo r mJtcnJls. teJm hue. sustcn:ince. pro\is1ons. provender or other supplu:s us ed r co nsumed by such Conm1 ctor o r i'us su bcontr:i.c to r to pcrfonnJ.D ce of :he work .:ontracted to be do ne o r fall s to pl~ 1o y person who suppli es rcoul mac!unery , tools . or equipment 10 the prosecuuon of the wo rk the sure ty ""'Il l pJi,, :.'"le same m in .!i.!.Ount no t exceedJ.o g the s um specified 10 the bead. together w1tb mtcrcst J.t the ~ale of eight pe.r ce::it per ann um Unless suc!i. bond 1s e.u cuted. dc ll '-crcd Jnd ti l~d co .:!.!1 tn m fa vo r of ~he C onttactor l!'!S 1ag under such co ncrJct shill be :>.ud1ted. JU owed or p:ud . A t ert1 fi ed or c:i stuer 's check o r .i ban,-mc ne ~ rccr p.:H a b le :o lhc Tr:.lS urcr of the Sute ofColor:ido ma y be J cccpteO tn lieu o f l bo nd. 11:u s prov1s100 1s tn co mp ti;mce with CRS 38-:6-106 1:-.l>E:\INIFICA TION J. To th e e:ueot Juthonzed by IJ w the Co n uJc ro r sb:ill tn demruf}. ~:i vc . JDd ho ld hirmless the .Sure . its emp lo ~ce s ;ind Jgcn ts . J gJlllSt J oy lild J JI d Jnr:s Ja m.J.gcs 1:i :1 hry :ind cou.rt :iw;:,,rds 1ncludiog c osts , c~pens~cs . JD d lttornc y tees uic urred as a resu lt or any act or o nu ss1o n by lhe Contr J to r vr .ts cmplo "ecs . Jgcnts u:.:ootrJctors . or .isstg::i ees pursuan 1 tO the terms at th.i s c ootnct. DISCRIMINATIO N A="''D AfFIRi'\olA TIVE ACTION 5 The ContrJctor agrees to co mpl y wtth the lette~ J.D d sp1nt of the C.Jl o rJdo Anudlscnm.m:iuon Act oi !9 5i . J S Jmendcd. an d J Llie r lppl.i JDJ c .J \~ rc soC" 1102 115 .:mruaa.uon :md unfair employment p r:icuce~ (CRS :~-J .1 .J.02 ), :ind 1s ~equ1red by E:{ccuo ·:c Order. Equ:il O pporrurucy ind Alfi rmJU \.C -\t u o n J :ited -\pn l ib- . 9i 5. P..muant vitrt to , rk f olftr.wig prov.swn.s sr..;if 6, co"t::r.Lti ~.-: al( .Sta:t c.:,r.tr!!;.:.s '"suo,onrrcc.:.s D unng the performJnce o f th.i s co ntr:i.ct . the Contuctor 1grees ,1.s foll o w$ a ) The Co nt nctor \\.11! no1 d1scnmm:11c .1ptns 1 .1n y er.1pl o~c e or lppi.JcJnt :·!)r emp !o~ m:ot bc:1use of r1c: . .::eed. :o lo r . a:m o n:i l e n gm .i c , ~Jr.lJ 1 i tltl.;S re!.~ir-r: J accscry . meaul o r phys 1cJI hJ od1cJ.p . o r 1ge Toe C ootrJctor w1ll :.ike lffirm,1.u ve Jct1 o n to 1Dsu re thlt .ipp llc:i nrs ire em p loyed . lnO :hJt emp lO\.ees l rc :reJtcci Junog emp lov meat. witho ut rega rd to the Jbove ::ncnaoned t h:iract e:i st1cs . Such JC:.J on shJ II mc !uC:e . but aot be luru tc::d 10 the fol10~1og !mp 10 , mc nt u pgraamg, .!emo uoo or U'30 sfer. rc crwunen t or rec ru11ment advcrusmg, l;i y -o f:s or tcmunJ u ous . rate s of p:i y or other !O rms of co m pcn s:iucn 10d sc lc..:t1 0 0 fo r ::r:un1c g 1:i cl udmg JPP!_Ent 1cesh.ip :tnc C.Jntr:icto r Jg_rc es to post in coo sp1 c uo us p l1ces. 1v,1 1J 1b le .o cr:.plo~ ees .i nd :i pp l!c J.nts :"o r emplo~ m::o :. ::J ou .. :s to ;:,ro,.1 J ea ~~ ·he co ntncuag om cer sct t10 g rorth pro v1s1oos o r this aon-dJ:,cnnunJuo n c!Juse b J The (tJntr::a ctor '-"ill. 10 .ill so hc1 ct1o ns or J.d ,emscme:m for employ ees pla ced by or a n bchJ.lf oi the C.J nu:1 ctor. S tate 1..'"t:11 J i! ~1., .. ,1fid lpp Uc .. nt.s ·.q i ! :e:-c 1.c .:o ns1 detluon for employ men t w1tr.o u1 re g1rd to race . c re ed . co lor . o:m o nJ.l o n g1n . sc,.. marit.1 1 surus . reUg1 on . :m enry . mc ntJ I or ph~s1 11 h1na 1c1p . or Jgc:: c l The C.)ntr:ictor 'N11l .i ecd 10 tl:~ !Jbor uru o n .:,r rep rese:::tJ Uvc o f worke rs •vuh '·"'ru h he ?':J i J col!e::u vc b:up .i ruo s JgTc~mcot o r 01bcr :om.rJ ct or u nde rs l.lnd!D g nouce to be prov ided bv the co ntrJco.a g o ffi er . .idv1sm2 Lllc la bo r uruoa or workers repr eseaUU\C o f the Cootnctor s .:o mrrutmcnt un~e: :h~ E,ecu11 \.c: O rdc:. Eaul l O pportunity :md AftirriutJ ve Ac!l o o . d.ltcd Apnl 16 . 191 5. ;ind ru les . regul:iuons . iln d relc v.in1 Orders o flhc: G o"ernor · d ) The C.J DLrlcror lD d labor u111 on s w,U furnish ,1 1! 1n fo rmauoo lD d repo rts req uired by E,ecuuve Order. EquJ I O pportun1ry .ind A::"irnume Ac uoa f ~pr.I 16 1975 . Jed by the rules . regull11ons 10d Orders o f the Governor. or pwsuJat I.heret o . .in d ',"'111 penrut 1ccess to h.Js books . records . l.ll d Jcco unts by the coolIJct m~ Jgenq :ind the o ffi ce o f the Go"erno r or his tJ es1gnce fe r purp os es 0 1 1aves ugauo n to ,1.sce nJ.10 cocop hao ce with su h rules reg'.l lauon s :ind order s •e J A lJ bor org:iruz.mo n wi ll not e'Cclude .iJ Y mdl v1 du:i l otbef'\,1se quJll fi eC t'rc m full membersh.J p n ghts m sud1 l,1.bor orgJ.D JLJtl OD. or e,pet :i ny uc~ zndi vadu :i.l fr om membership 10 s u h !.Joor or gJ.0 1ZJ OC:J or d1scn rru0Jtc Jg:1mst Jo y o f tts members 10 the fu ll en1oyme:11 \""Ork .:>p po rtUn 1Cy bec,1.use of rJcc . crec a . :o lo r . s:e ,. nlt1ocu l on gto, or J.Jce s t.l) ,.\ llbo r orgaru nuoa . or the em;,lo)CC S or merrt>crs ,hereo f , . ..,11! :i o t aid. Jbet. mcac .:ompe! or coerce th e do ing o f 1ny ac 1 de fi ned m th.l s ..:o ntr:i ct to be 01sc nrrunltory or o ostruct or pr e ,·eat J D)' perso n fro m .:ompl y1ag w1:.h th e pro\ls1on o t tru s conll'J Ct or :my ora c:r issued th ereundc:r. or Jnemp1. c1ther JJrec!I ) or 1ad11ec 1ly, to co mrru t :ioy JCI dc1iar:d 10 1h1s co nu:1ct 10 be d1scnrrunJtory , g ) In the e,.eat o f t"!e CJoUJ Ctor s no n-co rcp J.D CC \\1 1th th e oo n-J 1sc nrrua:i t10 0 .:!Juses o f rJu s co ntrlct or with Jc.y o f such ru les. regu ll u ons . or orders . :t'.1 s .:o nlrl t m.JV be cJoc:lcd. temuo:itc d or susoeodcd 10 •.~hole o r 1.0 part l.lld the CootrJ.ctor mJv be dec !Jred 1nell g1bl c fo r further StJtc coatncts :o JccordJ.D ce wu.n :>ro .:edu res. Jutho u zed 10 Ex ecutive Order. Equ:il Opportuo1ry ;ind Aftirm:iu ve Acuoo of A i,n l 16 . 19 75 and the rules . rcgul:i aoos. or orders promu lgued ID. '1ccordJ.01.'.: therewith . 10d such other SlD CUons JS rTU Y be tmposed J od rer.1e d.:es lS i?1.1 ~ be 10'-0 ked as provided 10 E:{ecuu vc O rders. Equ:i l O pport'Jn.Hy J od l.ffinn:iu vc ~econ v f Apn l 16 . 1975. or by rules , rcgu l:in oos . o r orders promu lg J tcd Ul Jccord.1occ: th erewith. or J.S otherwise provi ded by J;:iw 1h) The C\J ou1ctor .v1 tl 10 lude L+te prov1 Shl DS o f ?lrlgrlphs (J ) thro ugh (h ) in e,ery subcoctr1c: .in d su bco ntr J ctor purc hJ sc rCer unless C"Xempted bv ruks rc:gulluons . or orders !SSuca pursuant ta E~ecu u vc Order. E~ull Oppo n u n 11 y 10d AffirmJuvc A.:oon of Apn l 16 . 19i5. so tha1 such prO\IS1 ons will be ::nndrng JCf')n !Jen subcoo1nc:or or '-Code r The C1J otr.1Ct or wi ll ukr: sucn Jc~o n w11h respect to 1oy sub -cootrJc tmg o r purch J sc order JS the co atr:i cttog Jgencv rtUV i!J.re c : J S .J :ne:ins at l!nforc1og s uch pro,1s1oos . includin g s3.Dcuons fo r aon -.:o mo h .1oce: prO'-td ed . however. th,1.t 1n the :vent :h e ClJ ntnctor be co me s ln'-O ,'-e.J .n. o r ·s tr.rr:itcaed with . Uu gJaoc . •N1lh th e s ubcooU'lCto r or vendor JS J res ult ci s uch di rec:.i oa by the contr:icoag ageoc:,. the Cl.l nu :i cto r ml] request the S1J1e J f C\J londo to enter into such llug1uoa 10 protect the 1otcres1 of ibc Sute of CiJlor:ido :OLO R.AOO LABOR PREFERENCE Sa Pro" 1s 1oos of CRS S-1; -1 0 I &. 102 fo r preference of Color.1do l1bor l!e .1pp Uc :1 ble 10 tlus ~oottJCt ti public wo rks w1L~o the S tate ire uadenikcn h~reundcr lnd _::: flD~Ccd 10 whole or u 1 put be SQte funds , When :i coostructIOll cootr:ict fo r 1 public proJ ect 1s to be l\\lrdcd to J bidder. J re sident bidder shall be 1Uowed 1 pre ference .1g11nn 1 aon -res1 dcot b 1i.!der from 1 )·~tc or fore1ga couacry eq~ 10 the preference given or re qwred by the St Jte o r for e 1gu ,ouo 1.ry 10 wtuc~ t~e noa -~cs1dent bidder 1s a re si dent if 11 1s J.etcrr.:uoc::1 by :hr: • -ftccr rcspoas1b le for Jward.iog the bi d th.lt comphinc: wi th this subsc cuc n 06 may CJUSe den ial 0 1 tederJ.I ruo ds wh.tch would other\\lSC be J ,...ali :!b le o r wo uld :.."'lerw1se be 1nc0E1S1Stetu wi th rcqul!e:neats of Fedt'nl ~.1 w , dus suosecuo o s bJJI be i uspcndcd . but only co the e:'(t eat necessary 10 prc,eot dcn,11 o f the moneys o r to , .min>u: 111< 1DCOOS1S1eacy wnll l'edcral reqwremcalS (CRS 8·19-1 01 lDd 10 :) Plge 6 oi 7 • . .,,. ) I • 0 ]- • • • J·;.., -· .. , . . "' • .. • ' GE'.'IERAL 7. The laws of the State of Co lorado and rules and regulations issued purs\Wlt the reto shall be ;ipp ti ed 10 the mterprctatioo. e:tecuaoo. and enforcement of ttus co ntract. An y prov1sioa of this co ntrac t whether or not incorporated herem by referen ce wtuch pro vide s for llb1rnuon by an y cxtra.-Judic1al bodv or cerson or wbJch 1s otherwise 1.0 conflict wuh sa id laws , rules . and reguJauoos slu.ll be coos1 dered null J.nd void. Noth.lo g coaUUl cd ui any prov1s ion 1ncorporatCd bCre10 by reference which purpo rts to acg11c this or any other spec tal provmon in who le or m pa.rt shall be valid or enforcelble or ava ila ble in an y action at law whether bv way of co mp lamt. defense , or otherwise . Ally provmon rendered null and void by the openuon of dus provis ion will not 1nv alid1te the renwnder of this conuact to the extent that the conuact 1s c:ipable of cxccuuoo . 8. At a.II umcs during the pcrform:mce of this contract , Lhc Concnctor shall smctly Jdhere to all appllclble federa l and Stace laws , ru les. and regulaoons tha t have been or ma y hereafter be established 9. Pursuant to CRS 24-3 0 -202 . ..l (as amended), the State Coottoller ma y withhold debts owed to State Jgenc 1es under the vendor offset intercep t system for. (a) uapaid c!uld suppon debt or child support ane:irages; (b) unpaid balmce of w . ilCt:ucd on 1erest. or other charges specified 1a Aruc le 22. Titl e 39 , CRS . (c) unpaid loans due to the Student Loan 01vls ion of the Depanment of Higher Educauon : (d) owed unounts required to be paid to the Unemp loy ment Compensation Fund : and (e) other unpaid debu owing to the State or an y agency thereof. the amount oi wbJcb 1s fo und to be owing as a result of final agenc y dereruunauon or red uced to Judgment as certified by the coauoller. 10. Toe signatories aver th3t they are famili:ir with CRS 18-8301. et . seq .. (Bribery lad Corrupt latlueaces ) aad CRS 18-8-.1()1. et. seq .. (Abuse oi Public Office ), Jnd th:at 110 violation of such provisions is present . 11. The sign:uories aver that to their knowledge . no Suu: employee has J.Dy personal or beneficial interest wh:usoe ver in the service or pro pe rty descnbed here in: IN WITNESS WHEREOF . the parties hereto have executed this Contrac t on the day first lbove wmten. Grant Re ci pien!/Property Owner : {Full Le2:u Name ) Ci1v or Euctrwood By: ________________ _ Position (Title ) _________________ _ If Corporauon :) Attest {Sc:u ) By:-------------------- APPROVED : ST ATE OF COLORADO Ken Sal :izar , Attorney Gener:u By:-----------------G Iona J. Muniz CHS/SHF Contracts Officer • STA TE OF CO LORADO Bill Owens. GOVERNOR Acting by and through The Departr.:ien t oi Higher Educltrn n Bv EXE""C..,.li""'T"'IV"'E""D"'I"'R"'EC"'T""O"'R=---------- Georg1an na Conugughl, Pres,dc,,t Colorldo Hmonc:il Soc,et)' APPROVED · ST A TE OF CO LORADO Anhur L. Barnhart . State Controller By: Th om_a_s~E-.=z~imm--e-r-------------- CH S. Ch.te f Financ1:il Offi cer Plg e 7 oi i • x .,Gi fu\O ocumen1\2J I 302::!6 dcx ApprovaVCoo,nct C t.Dcludes Letter of . .\greemeot . .. ~ ... .-,, ) I • 0 xi • • • .. • • ' Ciry of Englewood Exhibit A Preservauon & Hazardous Material Removal Proj ect #2001-02-101 Scope of Work I. Pro jeci Purpose : The purpose of th is pro 1ect 1s to remove hazardou s materials and structurally stab ili ze th e Thomas Skernn House II. Scope of Work 1s as fo ll ows : A . Architectura l/Eng ineering Des ign 1. Contract for arc hitectural/eng ineering services and prepare construction documents 2. B1d construction fro m short list of pre-qualified contractors and award contract. B. Hazardous Mater ials Abatement 1. Remove and dispose of exterior lead-based paint and hazardous materials accord i ng to asbes to s and hazardous materials survey us in g only tools and materials non-destructive to exterior wood elements 2. Sand and prime . 3. Remo ve non-contributing kitchen add ition and porch . C. Foundation 1. Excava te and rep air hi storical elements illustrat iv e of bu il ding methods 1f structura lly sound a. Waterproof . ventilate , fill and grade . b. Ins tall new concrete spread fo otings and foundat ion wa ll s c . Ins tall new dra1np1pe d Ins tall perforated drainage tile around house perimeter entire hou se , run to dayl ight at re ar 2. Re-grade site to promote positive dra inage to distance of 3 feet around house per i meter D Roof Elements 1. Repa ir and reo 1ace damaged roof a. R8mQ11e all .iwl(lie ~s down too undaflyiAg structure b. Replace damaged decking (boards ) with plywood c Insta ll new roo f. 2. Rem ove and re olace all fl ash ing , attach ing to roof , sea l and test 101nt 3. lnsoect . emo ve and repl ace (80-90°) deteriorated wood tri m and fasc ia beh ind gutters and downspouts before in stallin g new gutters 4. Remo ve and reo lace all gutters and downspouts 5. Ex tend sewe r vent through roof li ne and flash 6. Reou 1ld chimney using ex isting bricks . turning if necessary 7 Conduc: mortar analysis and use mix ac:ordin g to Sec retary of Interior Standa rd s 8. Insta ll lim estone chimney cap E. Ex terior Wo od Siding , Trim . W indows . and Doors 1. Rep lace damaged (approxi mately 40%) exterior siding and reattach all loose siding a. Protect and preserve exterior sheathing and siding from the origina l structure , espec iall y where homestead sheathing 1s exposed at foundation line b. Salv age and store unused existing tri m, doors. windows. transoms and hardware . 2. Remove all win dows and doors from frame to make necessary repairs , scrape . and remove all loose and flaking paint a. W indow wocdwork be~ond repa ir should be repl aced to matc n ori gina l b . Replace m1ss1ng or broken glass 1n windows and doors to matc h existing c . Re mo e interior drywall over sea led window , repair fr ame and reg laze d. Re move decorati ve window pane ls , repa i r as necessary and rep lace 3. Replace all damaged wood trim materials beh i nd gutters and downspouts to matc h existing a. Re move all non-historical fini shes from around hi stori ca l elements b . Stao 1li ze deteriorated historical elements 4 Fill. sand , prime , and pa int all exterior wood elements with two coats of acrylic pa int . 5 Remove . recond1t1on and re install existing hardware and secure exterior doors a. Rep lace broken or miss in g hardware with new to match 6 Remove plywood cover on coal chute and seal 7. Repa ir hi storic porch , prime and paint with two coats of pa int H :\Contracts\2001 10102 !01 Exh1b1t A .doc In accordance wnh Section l:!-J7 .l -1:0l C .R .S . (1999) the Lirruted Garrung .-\ct which authorizes the Colo rad o Hist0ncal Society to adrrumster the State Historical Fund as a statewide grants program. Page l oi l • • .-,, ) I • 0 • • City of En glewood Preservation & Hazard ous Material Remo val ProJeCt #2001-02-101 ,VE Design Hazardous Materials Abatement/Kitchen and Porch Work Fou ndation Wood Elements/W indo ws/Paint Ro of ?orch Repair/Rep lacement TOTALS • • ~ ... "" • -' PROJECT BliDGET Grant Request 0 0 43.000 30,000 7 .000 0 $80,000 Cash Match $ 18.000 12.000 40.000 0 7.000 3,000 S 80,000 Exhibit B Total 5 18.000 1:2 .000 83 .000 30.000 1'1 .000 3,000 $ 160,000 \\SHF2\Shared\Contractsl:?OO 1\010210 l Exhibit B .doc ,. ' .. ~ . . ' • -~ ) I • 0 X - • • • '. ... • • • . . COUNCIL COMMUNICATION Date Agenda Item August 6, 2001 11 a v INITIATED BY: Librarv Department Subject: Motion approving a contract with the Colorado Historical Society for Stabilization of the Thomas Skerritt House I STAFF SOURCE: Hank Long, Director of Librarv Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In 1999 City Council authorized the purchase of the Thomas Skerritt House and the surrounding four lots in order to preserve this historicall y significant site. In 1999, the City applied for and received a Colorado Historical Fund grant to conduct a historical assessment of the property. The City also funded an environmental assessment of the building and a civil survey of the property. Following successful completion of that project, in 2000, the City applied for and re ceived this second CHS grant for $80,000 to remove hazard ous materials and stabilize the building from further structural deterioration . RECOMMENDED ACTION The Library Department recommends City Council appro al o f an Ordinan e for accep tan ce o f a grant award of $80,000 from the Colorado Histori al Society for the stabili za ti on of the Thomas Skerritt House. BACkGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED As part oi its mission to safeguard Englewood 's hist o ri heritage fo r future ge nerations, the City in 1999 purchased the Thomas Skerritt house and surrounding four lots at 3560 South Bannock Street for $1 35 ,000 . As a first step towards its eventual rehabilitation, the City was awarded a $10,000 Historic Structures Assessment grant by the Colorado Histori cal Society that same yea r. The firm of Andrews & Anderson was selected to co nduct this study, and the City hired Major Environmental Services, Inc. to conduct a simultaneous inspection of suspect lead-based paint and asbestos- containing building material in the Skerritt house . These co mbined studies identified several areas of con cern. The structure has been damaged as a result of water infiltration and settling of areas of the structure not supported by a foundation , and the house contains both asbestos and lead-bas ed paint. In 2000, the City was approved for a second CHS grant of $80,000 -with matching funds oi $40,000 from the City and another $40,000 from Arapahoe County -to address the stabilization of the Thomas Skerritt House in order to prevent further deterioration . This grant addresses exterio r concerns only, specifically removal/stabilization of lead,based paint and structural repairs including foundation, roofing, windows, siding, trim and painting. Due to projected costs of repair, interi o r work will have to wait until a future date when m o re funds become available . As stated b an c MacMillian Sipkin of Andrews & Anderson in a letter dated April 24, 2000. "the importance o i this house lies in the contribution of the original owner to the history oi Englewood and not in the significance of the architecture of the house ." • :, I • 0 - • • FINANCIAL IMPACT The funding for this project is outline below : State Historical Fund grant request Arapahoe County CDBG grant City Capital funds Total • • • .. $80,000 $40,000 $40.000 $160,000 In accepting this CHS contract (see Item 16, page 3), the City agrees that it will no t alter, relocate, or otherwise modify the Skerritt House for a period of 10 years without the expressed permission of the Colorado Historical Society. LIST OF ATTACHMENTS Letter from CHS Contracts Officer, Gloria Muniz Contract with the Colorado Historical Society with Scope of Work and Projec t Budget • • I • 0 32X • • ORDINANCE NO._ SERIES OF 2001 t·, • • - BY AUTHORITY A BILL FOR J/a.,111 COUNCIL BILL NO. 53 INTRODUCED BY COUNCIL MEMBER~·~-1-~~-+-J AN ORDINANCE VACATING A PORTION OF THE RIGHT-OF-WAY LOCATED IN THE 2400 BLOCK OF SOUTH PECOS STREET BY THE CITY OF ENGLEWOOD , COWRADO. WHEREAS , the Right-Of-Way for the 2400 bl ock of South Pecos Street co n sists of a thirty foot (3 0') Right-Of-Way in Englewood and a thirty foot (3 0') Right -O f-W ay in Denver; and WHEREAS , the City of Englewood received a r eq uest fo r vacation of the Englewood Right-Of-Way in the 2400 block of South Pecos Street; a nd WHEREAS , the Ri ght-Of-Way currently se rves no purpose for the movement of traffic in the a r ea ; a nd WHEREAS , the s ubJ ect Right-Of-Wa y a nd adjace nt areas were a nnexed to the City of Englewood in 1957 and a r e zo ned 1-2 . General lndustr1 a l Di strict; and WHEREAS . the City of Englewood passed Re so lution No. 101 , Series of 1997. authorizing the vacation of the Right-Of-Way under three co nditions: a nd WHEREAS. the Englewood Department of Public \\ orks h as indicated t h at two of the three co nditions have been fulfi ll ed : a nd WHEREAS . the third co nd1 t1on. the retammg of a thirty foot (3 0") uti lity and drainage easeme nt co ntammg the ex1stmg water a nd se we r lines will be co mpleted with the passage of tlus Ordinance : a nd WHEREAS , the Englewoo d Planning a nd Zorun g Commission r eviewe d the vacation of the Right-Of-Way of the 2400 block of South Pecos Street at their April 8 , 1997 meeting and reco mmended said vacation at that me eti ng ; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD . CO LORADO . AS FOLLOWS : Sectjon I. The City Council of the City of Englewood , Co lorado hereby rncates a portion of the Right-Of-Way in the 2400 block of South Pecos Str eet r etaining a thirty foot (30') utility and drainage easement for the existing wate r a nd se wer Imes as shown on attached Exhibit A. Introduced, read in full, and passed on first reading on the 6th day of August, 2001. -1- I • 0 • • -• • ... • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: Vacation of Right-of-wa y in the 2400 So uth Block o i Pecos August 6, 2001 11 a vi Street INITIATED BY: STAFF SOURCE: Publi c Works Ken Ross , Direc tor oi Public W o rks COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved a re solution au th o rizin g the vaca ti on of the Pecos Street right-oi-wa y subject to certai n conditions on October 6. 1997. RECOMMENDED ACTION Staff recommends that Ci ty Council adopt a bill fo r an o rdinan ce to vaca te the west 30 fee t o f right-o f-wa v on Pe cos Street be!\-veen Harvard Avenue and Wesley Avenue. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In October of 1997 City Co uncil approved the vacation of right-of-wa y in the 2400 Block o f South Pe co s Street subje ct to the following conditions: 1. A 30 foot easemen t for the existing water and sewer lin es sha ll be granted and shall be maintained so that free access to thes e lines is available at all tim es ; and 2 . Full c ul-de-sacs o r hammerheads. built to City specifications . sha ll be co nstru c ted by the owner at th e east ends of West Wesley Avenue and West Harvard Avenue, along with the dedication o i th e accompanying right-of-way to th e City before the current right-of-way is vacated; and 3. The a ati o n shall onl y become effec ti ve upon the approval of the A rapah oe County Commissi o ners and up o n the City and County of Denver vacating the east 30 feet of right-of-way in the 2400 bl ock o r So uth Pecos Street. Staff has be en working with th e applicant to resolve the required conditions. Staff believes th e ab o~e nam ed conditions have been ade quately addressed : 1. The language in the vaca ti on will reserve a utility and drainage easement . , Full c ul -de-sacs were not constructed, but sufficient right-o f-way will be maintain ed at each end of W esle y and Harvard Avenues to provide adequate turnarounds for emergency fir e equipment, and no parking signs have been posted to protect the area required for turning equipmen t aro und . 3 . Th e City and County of Denver has vaca ted the east 30 feet of right-o i -wa FINANCIAL IMPACT o finan cial impact to the City is identified . LIST OF ATTACHMENTS Proposed Bill for an Ordinance • . ' ) I • 0 I · • •, . .. • • -' Published as a Bill for an Ordinance on the 10th day of August, 2001. Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood. Colorado, hereby ce rtify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced , read in full, and passed on first reading on the 6th day of August, 2001. Loucrishia A . Ellis -2- ,. .. ) I • 0 • • -. • ' . • - LEGAL DESCRIPTION VACATION OF A PORTION OF 2400 S. PECOS ST. AV ACATION OF A PORTION OF THE 2400 BLOCK OF SOUTH PECOS ST., LOCATED IN THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 4 SOUTH , RANGE 68 WEST OF THE 6TH P.Yi., ENGLEWOOD, COLORADO. . . CO!'v11\IIENCING AT THE NORTHEAST COR.~"'ER OF LOT 8, DOWNEY SUBDIVISION; THENCE SOUTH A:"ill ALONG THE EAST LINE OF SAID LOT 8, A DISTANCE OF 43 FEET TO THE TRUE POINT OF BEGINNING ; THENCE EAST AND PARALLEL WITH THE , ORTH LIN"'E OF SAID LOT 8, A DISTANCE OF 30 FEET TO A POINT ON THE E . .\ST LINE OF THE SOl.JTHWEST 1/4 OF SAID SECTION 28 ; THE~CE SOUTH A:-.i"D :\LONG THE EAST LIN"'E OF THE SOUTHWEST 1/4 OF SECTION 28. A DISTANCE OF 516.1 FEET TO A POINT 73 FEET NORTH OF THE SOUTHEAST COR.'IER OF THE :s!ORTHEAST 1/4 OF THE SOCTHWEST ONE-QC ARTER OF SAID SECTION :!8 ; THE~CE WEST :\.'•<"D PARALLEL WITH THE SOUTH LINE OF LOT 9, DOW;siEY SUBDIVISION , A DISTANCE OF 30 FEET TO A POINT ON THE EAST LINE OF SAID LOT 9. SAID POINT LIES 43 FEET NORTH OF THE SOUTHEAST COR."IER OF LOT 9; THENCE NORTH A2'-iD . .\LONG THE EAST LI:NE OF LOTS 8 . .\l\"D 9. A DIST . .\i'-iCE OF 516 .1 FEET TO THE TRUE POINT OF BEGINNING. CONTAf1\'DiG 0.36 ACRES , MORE OR LESS . RESERVING A 30 FOOT UTILITY A:"ID DRAINAGE EASE~IENT IN THE V . .\C..\ TED P . .\RCEL Survevor's Statement I, Dav id L. Henderson, a registered Professional Land Surveyor in the State of Colorado , Jo hc:rby state that this Legal Description and the anached Exh ibit were prepared under my direct supervision and on the basis of my knowledge . information, and belief. are correct. The attached Exhibit does not represent a monumented land survey , and is onl y to depict thi s legal descript ion . Dated July 31, 2001 • E X ... I B I T A I· 0 - • • • . ' .. . . -.. ' • VACATION OF PORTION OF 2400 S. PECOS STREET LOCATED IN SW1/4 OF SECTION 28, TOWNSHIP 4S, RANGE 68W OF THE 6th P.M. W. Wesley Ave g 7500' 75 00' 6 7 8 Downey Subdlv1S1011 -' I ~ VJ .. ~ ~ '1. VJ 11 10 I 9 I I I I s · 75.00' I 72.92' ~ i/ I W. Harvard Ave g 1 75 .00' SE CORNER OF NE 1/4 OF SW 1/4 OF SECTION 28 / Point of Beg inn ing ~ ~ "' 100 0 1"=100' Drawn by : Larry Nimmo Date : 7-31 -2001 .. ... I . 0 100 • • • ... • - COUNCIL COMMUNICATION Date Agenda Item Subject August 6, 2001 11 Ci Proposed resolution to transfer and appropriate f unds for the Centennial Ballpark Proje ct and additional funds for the Centennial property . Initiated By Staff Source Department of Financial Services Frank Gry glewic z, Direc to r COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has appropriated funds for this project in th e 2001 Fi ve Ye ar Capital Plan . City staff (Rick Kahm and Jerrell Black ) updated Council on Jul y 16, 200 1 regarding th e progress of this project. Th e update included a discussion of the funding shortfall , which this reso lution, if Council approves , rem edi es. This resolution appropriates $10,000 contributed fr o m All Souls and $55,000 from the Brent Mayne/McCormick Foundati on. Also, an additional $113.255 is required to b e transferred fro m the G eneral Fund to the Capital Projects Fund for the Centennial Park property acquisition . The additi o nal funds are required because of additional acquisition costs (witness fees, environment assessment, and appraisals). RECOMMENDED ACTION Staff recommends Council approve the attached res olution transferring $36 3.223 from the General Fund, and $471,346 from the Conservation Trust Fund to th e Publi c Improvement Fund (fo r th e Ballpark Project ). The $113,255 from the General Fund for th e Centennial property will be transferred to the Capital Pr ojects Fund . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood and th e Colorado Rockies have w orked together to de ve lop this property for baseball fields . The funds transferred from the G eneral Fund wi ll reduce the undesignated/unreserved fund balance by $4 76 ,4 78. The transfer from the Conservation Trust Fund will eliminate funding for projects previousl y planned and also reduce reserves . The sources and uses of funds are as follows : • I 0 I • 0 I ] • • - r ·' .. . Conservation Trust Fund : Source of Funds: U nreserved /Undesignated Fund Balance Shoreline Stabilization Tennis/Bask etball Courts Renovations Parks Infrastru cture Study CTF Co ntingency Use of Funds: Transfers Out to PIF General Fund: Source of Funds: Unreserved/Undesignated Fund Bal ance Use of Funds: Transfers Out to PIF Transfers Out to Capital Projects Fund PUBLIC IMPROVEMENT FUND: Source of Funds: Transfer in from General Fund All Souls Contribution -~ Mayne/McCormick Foundation Co ntribution Oralabs Landscape Deposit Transfer in from Conservation Trust Fund Total Sources of Funds Use of Funds: Centennial Park Expansion Pr oject CAPITAL PROfECTS FUND: Source of Funds: Transfer in from General Fund Use of Funds: Cente nnial Park Property Acquisition • • - $200,000 $95 ,000 $24,000 $75 ,000 $75,000 $469,000 $4 76 ,478 $363 ,223 $11 3,255 $363,22 3 $10,000 $5 5,000 $2,346 $469,000 $899,569 $8 99,569 $113 .255 $11 3,255 ~ No alterna ti ves have b ee n identified that wou ld lead t o the timel y co mpl eti o n of the project. • FINANCIAL IMPACT Th e trans fer and appropriation of $4 76,47 8 will redu ce the estimated General Fund reserves at yea r-e nd to $6,993,809 or 19.3 percent of es timated total re ve nue s. The Conservation Trust Fund will red uce its reserves b y $20 0,000 and th e appropriations for shoreline stabilization , con tin gency, tennis/bask etb all co urt renovati o ns , and the infrastructure study will be reduced $269,000 this will leave approximatel y $28,000 in reserves . Funds from the Oralabs payment fo r not meeting landscape standards of $2 ,3 46 will be used fo r thi s pro ject. Th e Brent May ne /M cCo rmi c k Foundation 's co ntribution of $55,000 is bei ng used fo r th e project as we ll. LIST OF ATTACHMENTS Propose d reso lutio n . ) I • 0 • • • (P RBSOLUTION NO.-" SERIES OF 2001 i "·· .. • ... • •• - 1(i1 A RESOLUTION FOR THE APPROPRIATION AND TRANSFER OF FUNDS FOR THE CENTENNIAL BALLPARK PROJECT. WHEREAS, the City of Englewood and the Colorado Rockies have worked t oge ther to develop this property for baseball fields ; and WHEREAS, the Englewood City Council has appropriated funds for this project in the 2001 Five Year Capital Plan; and WHEREAS , City Council was updated on July 16, 2001 regarding the progress of this Project; and WHEREAS, the update included a discussion of the funding s hortfall which the passage of this Resolution remedies ; and WHEREAS, this Resolution appropriates $10,000 contributed from All Souls and $55,000 from the Brent Mayne/McCormick Foundation; and WHEREAS , an additional $113,255 is required to be transferred from the General Fund to the Capital Projects Fund for the Centennial Park property acquisition ; and WHEREAS , the funds transferred from the General Fund will reduce the undesignated/unreserved fund balance by $476,478 ; and WHEREAS , an additional $469 ,000 is required to be transferred from the Conservati on Trust Fund; and WHEREAS , the transfer from the Conservation Trust Fund will eliminate funding for projects previously planned and also reduce reserves of the Conservation Trust Fund; NOW , THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: Sectjon 1. The Englewood City Council hereby amends the 2001 Budget as follow s : CONSERVATION TRUST FUND Source of Funds: Unreserved/Undesignated Fund Balance Shoreline Stabilization Tennis/Basketball Courts Renovations Parks Infrastructure Study CTF Contingency Use of Funds · Transfer out to PlF •· $2 00 ,000 $ 95 ,000 S 24 ,000 $ 75,000 $ 75 ,000 $469,000 ' I • 0 - • • l ~ 1•' ,. ,r GENERAL FUND Source of Funds · Unreserved/Undesignated Fund Balance Use of Funds Transfers Out of Pff Transfers Out to Capital Projecte Fund PUBLIC IMPROVEMENT f\ThlJ) Source of Funds· Transfer in from General Fund All Soule Contribution Mayne/McCormick Foundation Contribution Oralabe Landscape Deposit Transfer in from Conservation Trust Fund Total Sources of Funds Use of Funds · Centennial Park Expansion Project CAPITAL PROJECTS FUND Source of Funds· Transfer in from General Fund Use of Funds : Centennial Park Property Acquisition • • • ~ $476,478 $363 ,223 $113 ,255 ... $363 ,223 $ 10 ,000 $ 55 ,000 $ 2,346 $469 000 $899 ,569 $899,569 $113 ,255 $113 ,255 Sectjon 2. The City Manager and the Director of Financial Services are hereby authorized to make the above changes to the 2001 Budget of the City of Englewood . ADOPTED AND APPROVED this 6.., of August, 2001. ATTEST: Thomas J. Burns, Mayor Loucrishia A. Ellie, City Clerk 1, Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Resolution No.~ Series of 2001. Loucrishia A. Ellis • • 0 I • 0 • Date August 6, 2001 INITIATED BY • • -' COUNCIL COMMUNICATION Agenda Item 11 C ii STAFF SOURCE .. Subject Award of Contract for the Dartm outh Avenue Storm Sewer Project Utilities Department Stewart H . Fonda , Directo r of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The original Stormwater Fund was es tablished in 1985 to provi de system maintenance, N PDES permittin g, plan reviews and field locates but did not provide for major capital improvements and rehabilitation . RECOMMENDED ACTION The Utilities staff re commends Council approval by motion of the Award of Contract for the construction of the Dartmouth Avenue Stom, Sewer Rehabilitation Project to T. Lowell Construction, Inc. in the amount of $1,248,058. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Utilities Department conducted an inventory study of the City's storm sewer system and fo und a st o rm sewer line located in the 1400 through the 2400 blocks of W . Dartmouth Avenue is in need of rehabilitation . This storm sewer line drains stormwaters for the Collegeview Drainage Basin , which Ser\ es th e Sceni c View area in northwest Englewood. Alternatives to rehabilitation were evaluated and a plan was re commended. In January, 1000 approval was granted for professi onal design services to prepare a complete set of constructi o n drawings for the Dartm outh Avenue Storm Sewer Rehabilitation Proje c t. This storm sewer line has experie nced degradation to a level that immediate rehabilitation ,s necessary since th e entire lower portion of the pipe has completely deteriorated and th e street co uld collapse at an y time. Rehabilitation will consist of replacing the existing storm sewe r line wi th new rei nfo rced co ncre te pipe . FINANCIAL IMPACT Plans and specifications were picked up by seven contractors and two bids were recei ve d. W yco n Construction 's bid was $1 ,309,679.00 and T. Lowell Co nstruction 's was S 1,148,050. Funds are available from the Stormwater Enterprise Fund for the proposed co ntract amount of S 1,248,058. upon issuance of revenue bonds. LIST OF ATTACHMENTS Bid Tabulation Sheet • ) I • 0 • • -. I • .. ., City of Englewood Bid Tabulation Sheet Bid Opening Date: July 19, 2001 9:00 a.m. • • -.. ITEM BID: DARTMOUTH STORM SEWER REPLACEMENT Bid Bond Vendor Base Bid Received Comments FamerEnt. NIA Attenti CJn : Ron Nash 12280 Sable Blvd. Brighton, CO 80601 T. Lowell Construction, Inc. $1 ,248.058.00 YES Attention: Tim Lowell II 3211 S.1·25 Castle Rock, CO 80104 Wycon Construction Co. $1,309,679.00 YES Attention: Bob shook P.O. Box405 Broomfield, CO 80038 Levi Contractors N/R Attention: Bill Ki/ary 10981 Brighton Rd. Brighton, CO Contracting Services N/R Attention: Tracy Muir 15451 E. 32nd Ave. Aurora, CO 80011 Concrete Works of Colorado NIR Attention : Mark Leonard Scott Contracting, Inc . NIA Attention : Dennis L. Howard N/R = NO RESPONSE .. DARTMOUTH STORM SEWER REPLACEMENT • . I· C, i • • • • t • .. • • ' COUNCIL COMMUNICATION Date Agenda Item August 6, 2001 11 C iii INITIATED BY: STAFF SOURCE: .. ... Subject: Award of Contract for Concret e Utilitv 2001 Department of Public Works Ken Ross, Director of Publi c Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved Ordinance No. 36 , Series 199 7 creating a Co ncrete Utili ty and Concrete Uti li ty Enterprise Fund (EMC Chapter 8, Title 12 ) on May 5, 199 7. RECOMMENDED ACTION Approve, by motion,jlward of a construction contract for Concrete Utility 2001 to Scott Contracting, Inc. In the amount of $253,629.32 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Section l 1-3B-1 of the Municipal Code makes it th e responsibility of every property owner to maintain the concrete curbs, gutters, and sidewalks adjacent to their pro perty . The City is responsible for maintaining all remaining concrete: returns, catch basins , crosspans, concrete alleys , and alley entrances. The Concrete Utility provides a "concrete insurance " at a reasonable cos t ($5 to $7 per quarter for a typical residential property) and a convenient way to pay (96% of the fees are collected with the water and sewer bills). The City contributes it's share of the fees just like any private owner. FINANCIAL IMPACT Concrete Utility 2001 is scheduled fo r construction during the summe r and fall of 2001. Funding for the project in the amount of approximately $614,307.00 is available in the Concrete U tility Fund. Bids were opened on Jul y 26, 2001 . Plans and Specifications were obtained by three contractors, and three bids were received as follows: Quality Paving Company Concrete Works of Colorado Scott Contracting, Inc. The Engineer's estimate was $388,3 03 .6 1. $338 ,792 .39 $389,200.10 $253,6 29.3 ~ Staff contacted numerous referen ce s provided by Scott Contracting, Inc. Each represented projects co mparable to our Concrete Utility Program . Onl positive comm ents were received from all co ntacts . ' ~ ' ) I • 0 - • • • • , . • .•. • ~ -.. The anticipated 2001 Con crete Utili ty funding breakdown is as fo ll ows : Total funding available This Contract Contingency for additional work (allowing full benefit of low bids) $253 ,6 29.00 * $2 74,7 18.00 Administrative/enginee rin g/surveying/ Mateial tes tin g an d necessary Appurtenances and incidentals Associated with Concrete Utility. S 85 ,960.00 (14% of to tal project) $614,30 7.00 .. $6 14,3 07.00 The b id from Scott Contracting, In c. may reflect a slowdown in co nstru ctio n acti v ities in th e M etro area. We intend to tak e full advantage of th ese prices by inclu ding ad ditional identifi ed utility eli gib le concrete work. LIST OF AlTACHMENTS Bid Tabulati o n Sheet * Th e co ntingen cy refle c ts approximately $7 5.000 in "utility eligible" co nc rete w o r k on the Dartmo uth A venue st o rm sewe r project to be co mpleted b y o thers . ,. { ' ' I • 0 32 - • • Bidder/Plan Holder E~GINEER 'S ESTIMATE • ... ·~ • -' CONCRETE UTILITY 2001 AND SIDEWALK MISSING LINKS 2001 BID PROPOSAL TABULATION July 26, 2001 10:00 a.m. I Base Bid I Bond I $4~.867.25 I I SCOTT CONTRACTING , INC . I S303.638 .60 I Q UALITY PA YING COMP:\~ I S-1 05.5 74.15 I I I CONC RETE WORKS OF CO LO. I S-165.940 .50 I I I .. Remarks I I I I I I I These figures represent the costs for the Concrete Utility 2001 and Sidewalk Missing Links 2001 programs . Bid s opened by Betty Goosman Opening w itnessed by Larry Nimmo . . ) I . 0 • • • • • - -. COUNCIL COMMUNICATION Date: Agenda Item August 6, 2001 11 C iv INITIATED BY: Deoartment of Publi c Works Subject: Award of Contract fo r Sidewalk Missinl! Links 2001 STAFF SOURCE: Ken Ross, Dire ctor of Publi c Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On March 1, 2001, Council directed staff to begin programming co nstructi o n for completi o n of the Sidewalk Missing Links in the City of Englewood. RECOMMENDED ACTION Approve, by motion, award of a construction contract for Sidewalk Missing Links 2001 to Scott Contracting. Inc. in the amount of $50,009.28. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Staff identified and prioritized 16 missing links of sidewalks in th e Citv oi Englewood. The cos t of constructing these segments is 51 ,657,000. These links represent wa lks that have never been completed in a Paving District or by other means . Council conc urred that these areas do need walk and appropriated funding in the 2001 Public Improvement Fund (PIF ) towards this goa l. The first two segments to be constructed will be Windermere St. from the Oxford Light Rail Station north to Mansfield St., and Zuni St., east side , from the Northwest Greenbelt to the Colorado 's Finest Alternative High School. FINANCIAL IMPACT Sidewalk Missing Links 2001 is scheduled for construction in conjunction with th e Concrete U tility Program 2001, during the summer and fall of 2001 . Funding for thrs project is S 125,000.00 fr om the City of Englewood Public Improvement Fund , and 526 ,000 .00 co mmitted from RTD toward the sidewalks along Windermere St. This work is included in the bid package for Concrete Utility 2001 to allow fo r economy of scale . Bids were opened on Jul y 26, 2001. Plans and specifications were ob tain ed by three co ntractors, and three bids were received as follows : Quality Paving Company Concrete Works of Colorado Scott Contracting, Inc. The Engineers estimate was $76,563.64 . $66 ,781.76 $76,740.40 $50 ,009.28 , . ... • I I • 0 32 I - • • • • I• J,: • ti.•·· .• .. • • ' The anticipated Sidewalk Missing Links 2001 funding breakdown is as follows : Total City funds RTD participation This Contract New Street Lighting (along Windermere) Contingency for additional work (allowing full benefit of low bid) Administrative/engineering/surveying/ Material testing and all necessary Appurtenances and incidentals Associated with the Sidewalk 2001 LIST OF ATTACHMENTS Bid Tabulation Sheet 5 50,009.28 35,000.00 50,890.72 S 125,000.00 26.000.00 51 5 1,000.00 15 ,100.00 ( 10 % of total ) $151 ,000 .00 0 I • 0 X • • • Bidder/Plan Holder ENG INEER 'S ESTIM ATE • 1• •.. r • ' -' CONCRETE UTILITY 2001 AND SIDEWALK MISSING LINKS 2001 BID PROPOSAL TABULATION July 26, 2001 10:00 a.m. Base Bid Bond I $464.8 6 7.25 I SCOTI CONTRACTING . INC. $303 .638 .60 I Q UAL ITY PAVING COMPANY I $405 .5 74.15 I I CONC RETE WO RKS O F COLO . $465 .940 .50 I I .. Remarks I I I I These figures represent the costs for the Concrete Util ity 2001 and Sidewalk Missing Links 2001 programs . Bids opened by Betty Goosman Open ing witnessed by Larry Nimmo • ,. ~ • ) I. 0 ] • • -• • ... ,t, .. • -~ COUNCIL COMMUNICATION Date: Agenda Item: August 6, 2001 INITIATED BY : D epa rtment of Parks and Recreati on 11 CV Subject: Award co ntract for Cen tennia l Park expansion /Ph ase I Ro c kies field co nstruction STAFF SOURCE: Jerrell Bla c k, Director of Parks and Recrea ti on. Rick Kahm , Eng in eering Manager/Capita l Proje c t Manage r COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council, at the Jun e 4, 200 1 Study Session instru cted staff t o move forwa rd wi th the park deve lopme nt by se lecti n g SportsOne Deve lo pm ent (Roc kies Fi eld o f Dreams co ntrac to rs ) as th e genera l contra ctor fo r the project . SportsOne agre d to co mpetiti ve ly bid all major aspects of th e project to qualified sub-contrac tors. RECOMMENDED ACTION Staff rec o mmends Council award by motion a construction contract in the amount of $1,060,058 (Guaranteed Maximum Price) to SportsOne Development of Denver, Colorado. Staff is familiar with SportsOne's track reco rd constru ctin g fi elds of this type and finds their qualifications exce ll ent. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In April of 2000, Sovereign Sports was hired to p repa re concep tu al designs to expand Centennia l Park. Sovereign 's relati o nship wi th th e Colorado Rockies and the Field of Drea ms assisted Englewood bringing together all the financial partners involved in the project. Th e design was presented t o both the Englewood and Sheridan Ci ty Councils, culminating with an approved PUD for th e park expansion. Environmental wo rk and parking lo t constr ucti on was ini t iated and completed prior t o our April 27, 200 1 groundbreaking ce rem o ny . In 2001, Sovereign Sports split th eir busin ess into two separate en tities , DesignOne and SportsOne. D esignOne handles design of sports fi elds wi th th e co nstru cti on by Sp o rtsOn e. Both companies us th e same project manager. D esignOne completed constru cti o n drawings for th e project in ea rl y June and staff met wi th Counc il at th e Jun e 4 th Stud y Sessi o n t o discuss op tions fo r co nstru c ti o n of the fields . For va rious reasons dis c ussed at thi s m ee ting, it was determined to b e in the bes t interest of th e City to proceed using SportsOne as th e general co ntracto r . Staff has re viewe d SportsOne 's bid fo r Ph ase I cons truction and iinds th e pricing is fai r and equitable to the City. According to th e Co lorado Rockies , th e Fie ld of Dreams Pro gram and SportsOne have relat io nships with suppliers that typica ll y resu lt in project sa v ings o f 9% to 1 2%. FINANCIAL IMPACT Adeq uate f unds ha ve been made avai labl e fo r th e Phase I approved budget. LISTOF ATTACHMENTS Sports One Deve lopmen t co ntract fo rm . •· . I • 0 ] • • • • • - CONTRACT CI T Y OF ENGLEWOOD, COLORADO THIS CON TRAC T and agreement, made a nd entered into t hi s ~~~~~6~t=h day of ~~~~~~A~u~g~u~s~t=-~~~~~~-· 2001 by and be tween the City of Englewood, a mun ici p al corpora tion of the State of Colorado here inafter referred to as the "C i t y ", party o f the first part, and Sports One De v elopment,LLC, hereinafter referred t o as the "Contracto r", p arcy of the second part . PROJECT: CENTENNIAL PAR K EXPANSI ON WH EREAS, the proposa l has been received b y the Ma yor and City Counc il a~d ha ve been certified b y the Director of Parks and Recrea tion to the Ma yor and City Council with a recommendation that a contract for sa id work be a wa rded to he above named Contractor. WHEREAS , pursuant to said recommendat ion the Cont r a ct h as been a warded t o he above named Contractor by the Mayor and City Counc il and said Contra ctor 1s now willi ng and able to perform all o f sa id work in a ccordan ce with his proposal. NOW THEREFORE, in cons i derat ion of the compen sation t o be p a i d the Contract, the mutual agreements here inafter c on ta i ned are s ubject the terms hereinafter stated: A . Contract Documents: It i s ag r eed b y the parti es h e reto that the following list of instruments, d r aw i ngs a n d documen t s wh i ch are attached hereto, bound herewitr. o r incorporated herein b y reference const i tute and sha ll ~e referred t o e i ther as the Contract Documents or the Contract and a ll of sa i d instruments, drawings, and documents taken together as a whole constitute the Contract between the parties herec o and t hey are as fully a part of this agreement as if they were set out v erbat i m and in full herein : Bi d Est i mate Summa ry fr o m Spo r tsOne dated July 27 , 2001 Cont r a ct (t his instrument ) Plans and Draw i ngs prepar e d by DesignOne Co nstruct ion P lans and Drawings prepared by Sove reign Spo rts Project Specificatio ns Special Provisions General Conditions Detailed Spec ifica tions Plans and Drawings B. S e o e of Work: The Cont ra ctor agrees to and shall furnish a ll la b o r, tools , s pp l s, traf~ic con trol, equ ipmen t, mate rials and everythi ng necessary for and ,equ1red to do, perform and complete all the work described, drawn , se for h, show n and included in said Contract Documents . • I • 0 - • • • .. . . --.. C. Terms of Performance: The Contractor agrees to undertake the performance of the work under this Contract within ten (10) da ys from being notified to commence work b y the Director of Parks and Recreation and agrees to fully complete sa i d work within time limits/dates detailed in Section 2, Special Provi sions , p lu s s uch extension or extensions of time as may be granted by the Director of Parks and Recreation in accordance with the provi sions of the Genera l Conditions. D . Terms of Payment: The City agrees to pay the Contractor fo r the performance of all the work required under this contract, and the Contractor agrees to accept as his full and only compensati o n therefore, such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor's Proposal hereto attached and made a part hereof, the total estimated cost thereof being one-mill ion sixty -thousand fift y-e ight do ll ars and no cents ($1,060 ,058.00 ). E. Appropriation of Funds: At present, $1 ,11 0,0 58 .00 has been appropriated for the project. Notwithstand i ng any thi ng con tained i n this Agreement to the contra ry, i n the e v ent n o funds or insuf f i cient funds are appropriated and budgeted by the gov ern i ng body o r a re otherwise unavailable by any means whats oever i n any f ollowi ng fis c al period for which appropriat ion s were rece ived without pena lty or expense except as to those port ions of the Agreement or o ther amounts h ere in for which funds have already been appro priated or are otherwi se availab l e. The City shall imm edi ately notify Spo rts One Dev e lopment , LLC o ~ its ' assignee of such occurrence in the e v ent of such terminati on. F. Con tract Binding: It i s agreed that this Contract s hall be bindi ng on and inure to the benefit of the parties hereto , their heirs, executors, admin i strators, as signs, and successors. IN WITNESS WHEREOF, the parties have caused these presents to be signed personally or b y the ir du ly authorized o fficers or agents a nd their sea l s affixed and dul y attested the day and ye ar f i rst above written . This Contract is executed i n ~-4~_counterparts . CITY OF ENGLEWOOD OW NER B y~~~~~~~~~~~~~~- Ma yor Party of the F irst Pa rt ATTEST: City Clerk . SportsOne De v e lopment , LLC CONTRACT OR Party of the Second Part ATTEST : Secreta ry ,. . ' 0 I • 0 • • 1. 2 . 3. 4. • • - AGENDA FOR THE REGULAR MEETING OF ' THE ENGLEWOOD CITY COUNCIL MONDAY, AUGUST 6, 2001 7:30 P.M. Englewood Civic Center 1000 Englewood Parkwa y Englewood , CO 80110 ... Calltoorde~.'~~ Invoca tion ./)~ Pledge of Allegiance. ~ RollC,11. 0~ i. COUNOL BILL NO. 32 · Re co mmendation fr om the D epartment of Publi c Works to adopt a bill for an ordinance amendin g Title 11 -1 of the Englewood Municipal Code pertaining to Truck Traffic Co ntrol Devices. S,AFF SOURCE : ken Ross, Director of Public Works. Please note: If you haw a tlsabilty and need auxiliary • or MmCft, pleae notify the City of Englewood (303-762-2405) al INlt 41 hoan in advance of when lel'Wicel are Meded. Thank you. I . 0 - • • • ••• - Eng lewood Ci ty Coun cil Agenda Aug ust 6, 2001 Page 2 ii. COUNCIL BILL NO. 50 -Re commendatio n from lhe Department of Public Wo rk s to adopt a bill for an ordinance approving an agreemen t with the Colorado Department of Transportation lo participate in th e 1-25 Southeast Corrid o r Transportati o n Management System . STAFF SOURCE: Ken Ross, Director of Public Works . iii. COUNCIL BILL NO. 51 -Re commenda ti o n fro m the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to adopt a bill for an ordi nan ce approving an Intergovernmental Ag reement with Colorado State University for the cooperative research project on la nd application of sewage biosolids o n dryland w heat. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. b . Appro al of Ordinances on Second Reading. i. ii. iii. Council Bill , o . 33. approving an Intergove rnmental Agreement wi th A rap ahoe County for Coordinated Election Services. Council Bill No. 38, submittin g to the re gis tered electors of the City of Englewood a question to issue debt for Parks and Recreation Proj ec ts . C o uncil Bi ll o. 39 , submi ttin g to the re gis tered elec tors of the Citv of Englewood a proposed amendment to Article X. Part Ill , Section 1 04 o f the Cha rt er o f the Citv o f Englewood re ga rdin g General Obligation Bo nds . iv. ltJI-st/ u?riJ-%_ V. u7A f lJ_ vi. ClJ# f!L_vii. Council Bill No. 40, approving a Cha rt er Questio n for the a.ember 6 , 2001 Election re ga rdin g In itiati ve proced ure. Council Bill No. 41 , approving a Charter Question fo r th e ovember 6, 200 1 Election regarding Referendum procedure. Council Bill No. 42. approving a Charter Question for th e ovember 6 , 2001 Election re ga rding R-ecall proced ure . Council Bill No. 43, submitting to the re gis tered electo rs of th e Cit o i Englewood a proposed amendment to Article V , Section 41 of the Charter of the Citv o f Englewood regarding Emer ge ncy Ordinances. -• v iii. Council Bill No. 44, submittin g to the registered electors of the Ci ty of Englewood a proposed amendmen! to Article X, Part IV, Section 1 1 3 of th e Charter of the Citv oi Englewood regarding Competitive Bidding. Council Bill No. 45 , submitting to the registered electors of th e City of Englewood a proposed amendment ·to Article X, Part IV, Section 11 6 of th e Charter o f the City of Englewood regarding Capital Improve ments . Council Bill No. 46 , approving an Intergovernmental Subgrantee Agreemen t wi th Arapahoe County for the 2001 Community Development Block Gra nt program . c. Reso lutions and Motions. Recommendation from the Department of Safety Services to approve, by motion, the purchase of o ne Rescue Vehicle for the Fire Division. Staff recommends awarding the bid to the low bidder, McCoy Miller, in the amount of 58 5,250. STAFF SOURCE:'Chris Olson, Director of Safety Services and David Maxwell, Tech. Support Officer. Pleaae note: If you have a dilability and need auxiliary aidt or servicn, pleaae notify the City of Englewood (303-762-2405) at least 41 i.-in advance of when serviCft are needed. Thank you • I • 0 ]--- • • • • - Eng lewood City Coun cil Agend<1 -\u gust 6. 2001 Page 3 C UNCIL Bill NO. 36 -Re commendati o n fr o m the Department of Safety Services t adopt a bill fo r an o rdinan ce approving an amendment to Titl e i, Chap ter 1 A of t e En gle wood Muni cipal Co de pe rtainin g to A nimal C o ntro l issues. STAFF OURCE: Bob Moore, Patrol Operations Division Chief. COUNCIL BILL NO. 37 -Re commendation fr o m th e Department of Safety Se rvice s to adopt a bill for an ordinance app rovin g an amendment to the En glewood Murncipal Code pertainin g to th e number of pets per household allowe th e Ci . of Englewood. STAFF SOURCE: Bob Moore, Patrol Operations Division Chief. {7 NCIL BILL NO. 48 -Recommendatio n fr o m the U tilities Department to ad9l)-l--a- • /: 1 I fo r an o rdinance approving Revenue Bo nds fo r the Dartmo uth Avenue ~~ Se we r Pr oj ect. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ~/ n 111 fo r an o rdinan ce approvin g a rate increase tor th e Dartmouth A,en ue St di ~ rv. COUNCIL BILL NO. 47 -Re commendati o n from the U tilities Department to ad opt a ' [ Sewer Project. STAFF SOURCE: Stewart H. Fonda , Director of Utilities. ;;)'1! v. COUNCIL BILL NO. 52 -Re commenda tion from th e Library Department to ad op t a 1.A1~~·bill for an ordinance approvin g a co ntra ith th e C o lo rado Histo ri c al Socie ty to r · V J,,I? stabilization of the Thomas Ske · ouse. S AFF SOURCE: Hank Long. Director of Library Services. /'J&;J.. ~ vi . COUNCIL BILL NO. 53 -Re commendation fr o m th e Department of Publi c W o rk s to {tr/ · ·r,ov ' adopt a bill fo r an ordinance approving vaca ti o n of the right-of-wa y in the 240 0 A-ECjA-!J : YaRIJI~ South Bl ock of Pecos Street. STAFF SOURCE: Ken Ross, Dire~ b . Approval of Ordinances on Sec o nd Readin g. c. Re s&i:cns and Moti o ns . i. Re commendation from the Department of Finance and A dministrative Services t o _ t.l.-(6 adopt a re so lutio n to transfer and app ropriate funds fo r the Centennial Ballpark ~ ~ v) 0 Pro1e ct and additional funds for the Centennial property. STAFF ~OU)lfE: Frjlnk /. . _ ~ F 1.11, · t',.., Gryglewicz, Director of Finance and Administrative Services. 0 ~ ii . Re commendati o n from the U tilities Department to approve. by motion, a c o ntract iv. for the constru c tion of the Dartm outh Avenue Sto rm Sewer Rehabilitation Projec t. Staff rec o mmends awarding th e bid to the lowest bidder. Lowell C o nstru cti o n , Inc .. i n the amo/JJ~ ~f 113~8:0SB~F SOURCE: Stewart H. Fonda, Director of Utilities. g ~ - Recommendation from the Department of Publi c Work s to apprO\e. by motion, a contract fo r Concrete U tility 200 1. Staff recommends awardin g the c o ntrac t to the low bidder, Sc o tt Contractin g, Inc. i~ oiJ;j3,62i9'3 2/ STAF~URCE: Ken Ross, Director of Public Work~ /o~ Recommendation from the Department of Publi c Works to approve, by motion, a contract fo r Sidewalk Missing Lmks 200 1. Staff recommends awardi n g the co ntract to Scott C o ntracting, ln~f $50,009 .28 . STAFF SOURCE: Ken Ross, Director of Public Wo,~ PleMe note: If you have a diubility Md need amiliary • or MMC.'ft, pleMe notify the City of Englewood (303-762-2405) at lust 48 houn in advance of whetl leMCft -MHed. Thank you • • I • 0 - • • • l • .. • • • - Englewood City Co un cil Agenda Aug ust 6, 200 1 Page 4 • V. Recommendation from the Department of Parks and Re c reation to approve. by motion . a construction contract fo r Centennial Park expansion /Roc kies field construction . Staff recommends awarding the co ntract to SportsOne Development of Den ve r in the amount of S 1.060.058 (Guaranteed Maximum Pri ce). STAFF SOURCE: letml B~ck. Director of Parks and R~~~ ~nd ~it Kahm, Engineering Manager/Capital Projects Manager~ 1 2. General Discussion . a. Mayor's Choice. b . Council Members' Choice. 13. City Manager's Report. 14 . City Attorney's Report. Adjournment. C/:;t} ~ The following minutes were transmitted to City Council between luly 13 and August 2, 200 1: ' Englewood Non-Emergency Pension Board meetin gs of February 13 and March 20, 2001 Englewood Police Pension Board meeting of April 12. :?001 Englewood Planning and Zoning Commission meeting of June 5. 200 1 Englewood Cultural Arts Commission meeting of lune 6. 200 1 Englewood Board of Adjustment and Appeals meeting of June 27 , 200 1 • I • 0 32 • • .. . ' - 0 • I . 0 --• • - • - 0 j I . 0 -. • • • • • - <fi)M~~ ,@ ~c) ¥ -. • ' ' ' ... 0 I . 0 .. --~--,-- - I · 0 • '·. • - 0 • I . 0 • • • • • • • - 0 • j I· -. • G . • • - • I· -. • . ' . . • - • I . 0 -• • • • - ••• -.. 0 I · o -.