HomeMy WebLinkAbout2000-10-02 (Regular) Meeting Agenda•
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Oc t o ber 2, 2000
Regu lar City Cou n cil Meeting
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Regular City Council Meeting
October 2, 2000
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY. COLORADO
Regular Session
<klober 2, 2000
1. Call lo Order
The regular meeting o f the Englewood C ity Council wa s called to ord er by Mayor Burns at 7 :34 p .m.
2. Invocation
The invocation was given by Council Member Nabholz.
3 . Pledce of Allegiance
The Pledge of Alleg iance wa s led by Ma yor Bums.
4 . Roll Call
Present :
Absent :
A quorum was present.
Also present:
5. Minutes
Council Members Nabholz. Grazuli s. Bradshaw, Wolosyn.
Yurcbick, Burns
Council Member Garren
City Manager Sears
City Anorney Brotzman
City Clerk Ellis
Director Black, Parks and Recreation
(a) COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER
18, 2000.
Aye s:
Na ys :
Absent :
Motion carried.
6. Scheduled Visitors
Council Members Nabholz, Bradshaw, Wolosyn,
Yurchick. Grazulis , Burns
None
Council Member Garren
(a) Mayor Bums advised that Fire Division ChiefKteth Lockwood was present to address
Council regarding the Fire Di vision 's fire prevention effons.
Chief Lockwood said he wanted to speak to Council to acknowledge some of the things they are doing in
the fire division, particularly on the prevention side of the organization . He noted there are three distinct
groups of people he would like. to acknowledge . Particularly over the past couple of years, he said, they
have been working with the business community in a kind of collaborative effort to get our message of
safety out. He asked that Tim Ausfahl and Sandy Kistler from A & A Tradin' Post, and Norval Scrivner
from Abbon Fire Extingui sher Company, come forward . Chief Lockwood stated that the Department of
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Englewood City Council
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Safely Services would like to present a Community Service Award to Abbon Fire Extinguisher Company
and A & A Tradin · Pos l for improving community safety awareness through their annual sponsorship of
ftre extinguisher train111g for clllzens and s uppon of the fire education effons 111 the community.
Specifically, he said. we ha,·e had a collaborative process with A & A Tradm · Post and they have donated
time, s pace and resources for us to go down there and conduct educational presentations . Also. he said.
they have donated smoke detectors and ext111gu1shers that we have dismbuted throughout the community.
And for that. he saui. we thank them. very. ,·ery much. Chief Lockwood advised that Norval Scnvner. "1th
Abbon Fire Extinguisher Company. has worked w11b us for the past t\\O or three yea rs and ha s donated
countless numbers of ex1mg u1 shers that we use in conductmg actual li,·e bum tra111111g . Generall y. he
noted. in any of the events outside. yo u will see a colunm of black s moke that draws a lot of people over
there to see what is go111g on. Clu ef Lockwood advised thal what the y ha ve found out 1s that there are a
number of people who have never actually used an extmgu1sher. The y know "'hat they look like . they
know where they are supposed to be. but they have never used them. Through the effon and the donation
of companies such as these , 11 has helped us to he able to actually let people get oul there and try them . For
that, he said, he offered hi s thanks .
Chief Lockwood said he wanted to thank Council for providmg. and suppo nmg. a ,·enue u h a the Olde
Tyme Fair. Also, he said, he wanted to thank Jerrell Black and his staff for ""play111g well w11h others·· He
stated they have been great.
Chief Lockwood advised that the next group of peo ple he wanted 10 recogniz e wa a couple of firefi g hl er
He asked that Kent Davies and Tracey Taylor come forward . C hie f Lockwood ad\'lsed that the y ha, e
scaled down some of the things they do dunng Fire Prevention Week becau e they realize thal the y ha, e a
bener audience during the Olde Tyme Fair and they have used that as a venue 10 do some of the fire
prevention effons. This year was their second ye ar to pan1c1pate 111 tha t and 11 mvo lved a number of J>t"Opl e
beyond Mr. Davies and Ms. Taylor. but they were very 111strumental III oord111at 111g the effons. In add111 o n
to focusing on the fire prevention arena. the y also addressed car seat safel y. He commented that a couple
of years ago they received some kudos from the State level for o ur people bemg 111vo1'ed 111 that . Just to
give an example, he said, during the two days of the Olde Tyme Fair the } actually checked fifty-four car
seats and coached and counseled the people on the correct way to install the car eats. Kent Danes and
Tracey Taylor worked hard to coordinate this effon. he said. a nd he wanted to thank them.
7 . Non-scheduled Visitors
(a) Eugene Norman said he was born in Englewood and no1ed that when it comes to public
speaking he is totall y inept, but he feels that he has a respons1 b1li1 y to allempt some kind of communication
with his fellow citizens. He commented that he knows it sounds insane, bu1 he encountered extraterrestnals
and he was with other people when this occurred. He was doing SOS s igna ls . Mr. Norman noted he was
doing it for every man, woman and child on the planet when it occurred . He advised that the people he was
with told him what they observed and it correla1ed with what he had observed. He said he would like to
present some of the things to Council and whether Council acts on it or not is , in many ways, totally
irrelevant. I am 7 1 years old and in many ways it does n't reall y mailer to me. he said, yet it does mailer to
me since I feel a great deal of empathy for all of you. He said he would like to discuss the housing aspect.
At the present time we construe! buildings on the s urface of the planet. lfwe would understand, basicall y.
in an abstract way, the formation of bubbles, how bubbles forrn . If we were to take that idea and transpose
it to, lets say, geodesic domes beneath the surface of our everyday reality , it would simply add to the
ground surface that you have at the present time. He explamed that yo u would have more ground surface
in the concept of public land. I am talking about our land, he said. and how we destroy it. We take rivers
and streams and. rather than have those rivers and streams wander, we make a channel and the water flow s
very quickly through and past our reality mto the sea, 11110 the ocean. It doesn "t benefit us at all, he opined.
exc~pl potentiall y, visuall y. Mr. orrnan stated that if we would begin understanding that nature is much
more intelligent than we are, we could take those rivers and s treams and ha ve ponds. linle beaver ponds.
etcetera, which would anract all kinds of life other than ourselves ... our selfish selves. It would simply be a
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more intelligent way of going at it, be said .. We take those streams and we make a straight stream that goes
directly into the ocean. We do that out o f selfi sh interest. It is the almighty dollar that does it. It is not us
as individuals, its money, it's our greed that does it . He commented that you would have to beware of
particulates in all construction of this !}lie. You would have to, hopefully, use inflated bubbles during
construction, devise more intelligent waste disposal systems. Mr. Norman pointed out that what we have
today is very primitive. I can elaborate. he said. on vent systems in this area and heating systems. That
area would be reclaimed . for us the pubhc . We could plant it with various plants and eliminate most
grasses that need tending or watering . We could maintain a better balance of earthworm ecology. A
reconfiguration of construcuon wo uld need to mclude small ponds, hopefully beaver ponds and cleaner
water. No plastic, for God 's sake . Keep what you have if you chose. but don't add to it. He stated that he
secs it as a tragedy. We are a very pnDlltive soc iety and. personally, he said. I see it as a lost cause. but I
have been wrong before. Mr 'o rman commented that he has tried to communicate ever since he
encountered these ... whare,·er ID God 's name 11 was that he encountered. His attempts at communication
have simply been ... he y man, here we are. we are human beings. Let s do it more intelligentl y. he said, lets
go beyond our monetary concepts o f gam. let · s do it as human beings for a change. He noted that he has
done this for so Jong that II bas become part o f his persona and he doesn ·, know how to stop. I know that
eventually I will. he said. but I cont1Due trying to communicate with each of you as human beings . To me.
he said, it is likr liVIng ID the dark ages . I would like to talk about our traffic problems. he said, and
without a doubt. you have a problem. This is JUSt a minor suggestion. he said . If we co uld take . let s say
four blocks, and eliDllnate cars in those four block areas . If we did that , there is a cross in the middle where
we could plant trees. vegetatio n ... food that all of us could eat. Mr. ~o rman said he would hke to leave thi s
paper and a tape wnh Council. He commented that if he could poss ibly find an advocate someplace. this
tape would end up on the President 's desk. I don ·, consider myself to be any more intelligent that an yone
else, he said, I am simply trying to communicate on a more intelligent level. He said he would leave the
tape with Council and would pick it up at the next meeting and hopefull y something will be done .
8 . Communlcatloas., Proclamations and Appointments
(a) A letter from Gerald Stankorb mdicating his res ignation from the Englewood Code
Enforcement Advisory Committee was considered.
COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO ACCEPT WITH
REGRET THE RESIGNATION OF GERALD ST ANKORB FROM THE ENGLEWOOD CODE
ENFORCEMENT ADVISORY COMMITTEE.
Motion carried .
(b)
considered.
Ayes:
Nays:
Absent :
Council Members Nabholz, Bradshaw, Wolosyn,
Yurchick, Grazulis, Burns
None
Council Member Garren
A proc larnation declaring the month of October as C rime Prevention Month was
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION DECLARING THE MONTH OF OCTOBER 2000 AS CRIME PREVENTION
MONTH.
Ayes:
Nays:
Absent:
Motion carried .
Council Members Nabholz, Bradshaw, Wolosyn,
Yurchick, Grazulis, Bums
None
Council Member Garren
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(c) A proclamation declaring the week of October 8 through 14. 2000 as Fire Preve ntion
Week was considered .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION DECLARING THE WEEK OF OCTOBER 8 THROUGH 14, 2000 AS FIRE
PREVENTION WEEK.
Ayes :
Nays:
Absent :
Motion carried.
Council Members Nabholz, Bradshaw, Wolosyn,
Yurchick, Grazulis, Burns
None
Gouncil Member Garren
(d) A proclamation declaring October 2 1 through 29 , 2000 as Red Ribbon Week was
considered.
COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED. TO APPROVE A
PROCLAMATION DECLARING OCTOBER 21 THROUGH 29. 2000 AS RED RIBBON WEEK.
Ayes : Council Members abholz. Bradshaw, Wolosyn,
Y urchick. Grazulis , Burns
Nays : None
Absent : Council Member Garren
Motion carried. .....
Mayor Burns presented the Proclamation declaring the month of October 2000 as Crime Prevention Month.
the Proclamation declaring the week of October 8 through 14 , 2000 as Fire Prevention Week and the
Proclamation declaring October 21 through 29 , 2000 as Red Ribbon Weck, to Safety Services Director
Chris Olson.
9 . Public Hearin&
No public hearing was scheduled before Council.
10. Consent A&enda
(a) Approval of Ordinances on First Reading
There were no items submined for approval on first reading .
(b) Approval of Ordinances on Second Reading
There were no items submitted for approval on second reading .
(c) Resolutions and Motions
COUNCIL MEMBER BRADSHAW REMOVED AGENDA ITEl\110 (c) (I) FROM THE
CONSENT AGENDA .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (c) (Ii) and (ill) •
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(ii) BID FOR MCLELLA , RESERVOIR FENCING WITH STEEL LOCK IN
THE AMOUNT OF S36,691.00 .
(iii) CONTRACT WITH INTEGRA ENGINEERING IN AN AMOUNT NOT TO
EXCEED S27,352 .00 FOR ENGINEER SERVICES FOR THE NORTH RESERVOIR DRAIN
MODlFICA TIONS.
Vote results:
Ayes:
Nays:
Absent :
Motion carried.
Council Members 1':abholz . Bradshaw. Wolosyn.
Ywchick. Grazuhs. Bum
None
Council Member Garren
(i) Director Black presented a recommendat:ion from the Dq,anmcnt of Parks and
Recreation to adopt a resolunon approving a contract for the restaurant concessionaire at the Englewood
Golf Course between the City of Englewood and Reif Golf. He said as Council can see in the information
that was provided, they thought the process the y used was a very helpful process and a very complex
process . We had a number of people on the sclecnon comnunee and at the end it was a very difficult
selection. However, we did select Reif Golf. he said. and the y have quite a bit of experience in working
w:ith rcstawants at golf courses and. also, the y have extensive expcnence in working with restawants .
Director Black introduced Ron Reif, his ,.,fe Lmda Reif and David Magarahan, the manager at the site.
We have visited Overland. where Reif Golf currently operates the restawant. and, Mr. Black said, I can tell
you that you w:ill see Mr. Reif and his w:ife , at the restawant quite often m addition to Mr. Magarahan .
Director Black stated they are very pleased that Reif Golf subrruned and that they were selected.
Mayor Bums commented that Overland is a preny busy place . from what he can recall from when he has
been out there. Director Black said that many times when you go to Overland you have to wait to be seated
and we would certainly like to see that at ow facility .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 10 (c) (I).
RESOLUTION NO . 85 , SERIES OF 2000
A RESOLUTION APPROVING THE GOLF COURSE REST A RANT CONCESSIONAIRE
AGREEMENT BETWEEN THE CITY OF ENGLEWOOD A D REIF GOLF ENTERPRISES , INC.
Ayes : Council Members Nabholz, Bradshaw, Wolosyn,
Ywchick, Grazulis , Bums
Nays : None
Absent : Council Member Garren
Motion carried.
Mayor Bums thanked Director Black and stated that they look forward to the new concessionaire.
11. Recular Agenda
(a) Approval of Ordinances on First Reading
There were no items submitted for approval on first reading.
(b) Approval of Ordinances on Second Reading
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There were no items submitted for approval on second reading.
( c) Resolutions and Motions
There were no additional resolutions or motions submitted for approval. (See Agenda Item 10 -Consent
Agenda.)
12 . General Discussion
(a) Mayor's Choice
(i) Mayor Burns said he didn ·1 have anything in panicular to say after their
discussion in Study Session. He noted he just wanted to remind everybody to sign up for Rail-Voluuon.
He advised that there is a National Convention in Denver this week. incorporating elements of rail ,
transportation and economic development and we have something like 1200 or 1400 delegates coming
from all over the country who support the kind of project we have here ... a transit-oriented development .
We will be hosting several events during the week and especially the social event on Thursday mght. he
said. We arc supposed to ha\'c. maybe. 1200 or 1400 people around here Thursday night at a reception in
the building and out in the piazza . He commented that this will give us a great deal of national exposure
for this development to these folks who come from all over the country, including some people from the
Congress. We arc looking forward to that. he said, and we would like to thank Bob Simpson. who has
really been the contact pomt for the City. He has been on the committee to organize this national
conference and he has done a lot of work on it. Mayor Burns noted that Mr. Simpson has kept Council up
to date on the goings on and Council \'Cry much appreciates his efforts.
(b) Council Mcnttr's Choice
(1) Council Member Nabholz said she wanted to mention the Colorado Parks and
Rccreauon Columbine Award, which the Malley Center received for the c reation of the computer lab at the
Malley Center. She stated they should be applauded for that and she t.hanked Jerrell Black and all those
people mvolved.
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Mayor Burns advised that there is a year 2000 CML District Meeting of our Distnct 3. at lone Tree on
Wednesday night, a dinner meeting. He said that if anyone on Council would like to sign up for that the y
were free to do so . He noted this happens once a year for our district. Mayor Burns commented that we are
also involved with Rail-Volution so we may not be able to make it to that .
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Mayor Burns advised that we have two resolutions under Council Membcr·s Choice. One 1s a resolution in
opposition to proposed Constitutional Amendment 21 on the November 7. 2000 statewide ballot, which is
known as the Douglas Bruce Tax Cut Amendment.
The resolution was assigned a number and read by title :
RESOLUTION NO. 86, SERIES OF 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF E. GLEWOOD, COLORADO IN
OPPOSITION TO PROPOSED CONSTITUTIONAL AMENDMENT 21 , OTHERWISE KNOWN AS
"TAX CUT 2000 .. , ON THE NOVEMBER 7 , 2000 STATEWIDE BALLOT .
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COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE
RESOLUTION NO. 86, SERIES OF 2000.
Ayes: Council Members Nabholz. Bradsha w. Wolosyn.
Nays:
Absent:
Motion carried.
Y1Hchick, Grazulis . Bums
None
C ouncil Member Garren
Mayor Bums commented that this amendment is very controvers ial , but we feel this will have an extremely
adverse affect on revenues of the C it y. He advi sed that Fmancial and Administrative Services Director
Gryglewicz has prepared a paper for C ounc il that sho ws we wo uld have a drop of some 22% of our General
Fund Budget in four years and "~II acc umulate. in fou r years. to $27 milli on and our entire budget is onl y
S35 million on a yearly basis . There would al so be about a 19% drop in our Public Improvement Fund.
We don't have but a small compliment of spec ial d1str1 ct action in thi s C it y. but they would be adversel y
affected, as would the school and library d1 stncts . We di sc ussed thi s at great length at the Metro Mayo r"s
Caucus, he said, and they ha,•e come out agams t thi s proposition. Ma yor Bums 1Hged everyone to really
wake up as to what this proposition means. how serious it is and what the adverse effects are . There is no
legal requirement that the legis lature make up for the se loses. he said , so we 1Hge all of you to become
informed on this item.
Mayor Bums advised that the other one 1s a resoluuon in opposition to the proposed Constitutional
Amendment 24 on the November 7. 2000 ballot. which I the o ne on growth control initiative.
Council Member Wolosyn stated that she has not decided how s he 1s go mg to vote on thi s . She said she
doesn't feel comfonable supporting a resolut10n when she doesn ·t know how she is gomg to vote in
November.
Mayor Bums noted that he thought C ouncil Member Garrett had md1cated in Study Session that he wa sn ·t
in favor ofit but he didn't know whether Council s hould be voting on thi s particular item.
Council Member Bradshaw agreed there were some concerns about thi s . She said she thinks that with
everybody 's frustration with traffic and everythmg they are going to jump on this and sa y .. oh, good, we
can control growth." When in fact, she said. it would not control growth, it would create another level of
b1Heaucracy, it would erode our local control and 11 is j ust wrong a s far as she is concerned . Ms . Bradshaw
commented that it doesn ·1 bother her to say that.
The resolution was assigned a number and read by t itle :
RESOLUTION NO . 87 , SERJES OF 2000
A RESOLUTION OF TH E C ITY OF ENGLEWOOD, COLORADO, OPPOSIN G ST A T E WIDE
BA LLOT ISSUE .. AMENDMENT 24" ENTITLED C ITIZEN MAN AGEMENT OF GROWTH.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
RESOLUTION NO. 87, SERIES OF 2000 .
Mayor Bums said he wanted to comment further on thi s . He stated that he is also opposed to this, that it
sounds good on the surface and the polls indicate that there is fairly strong s upport out there for it , but it
completely goes around local decision making. He opined that it is a very serious matter, especially when
you put these items in the Constitution, rather than just having an initiated law that can be changed by the
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Englewood City Council
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legislature or by another simple vote . There are a lot of expectations, he said, about this in the
environmental community, but he thought there are a lot of unintended consequences that are going to
result from it. He said that he understands the frustration out there , but the Metro Mayor·s Caucus and
DRCOG have passed a contract called the Mile High Compact , which is an agreement, between the cities
in the area constituting most of the DR COG population, to control growth by incorporating growth control
measures in your Comprehensive Plans, then adopting those plans. which then become law. Mayor Bums
pointed out that there are now a lot of intergovernmental agreements between municipalities on growth
control that the public is not aware of and so the Meno Ma yor 's Caucus wanted the public to know that
the y do have a compact and it is an intergovernmental agreement. it is an e nforceable agreement and the y
would emphasis that solution to growth control problems rather than this statewide ballot issue .
Vote results:
Ayes :
Nays :
Absent:
Motion carried.
13. City Manager's Report
Council Members Nabhol z. Bradshaw . Yurchick, Grazulis, Bums
Council Member Wolosyn
Counc il Member Garren
City Manager Sears did not have any rnaners to bring before Council.
14 . City Attorney's Report
City Anomey Brotzman did not ha ve any rnaners to bring before Council . .....
Council Member Grazulis advised that the members of the Cultural Art s Commission will select the student
artwork. for the City of Englewood 2001 calendar, this Wednesday at 5:4 5 p.m .. She informed Council
that they are invited to help choose the artwork. If Council can make it over they are welcome, she said .
Mayor Burns commented that the art is wonderful . .....
Council Member Nabholz advised that Wednesday ni ght , from 6 :00 to 9 :00 p .m ., the Get Out the Vote
poster drive will ha ve a linle reception here .
15 . Adjournment
The meeting adjourned at 8:04 p .m .
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, OCTOBER 2, 2000
7:30 P.M.
Englewood Civi c Center
1000 Englewood Parkwa y
Englewood, CO 80110
Call to order. f"J :gf ~
Invocation . /)~
Pledge of Allegiance . ~
Roll Call. ~~/ / ~ {<?#REfV
5. Minutes.
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~(rl) a. Minutes from the meeting of Regular City Council Meeting of September 18 , 2000.~
6. Scheduled Vis itors . (Please limit your prese ntation to ten minutes.)
7 .
a. Fire Division Chief Kieth Lockwood will be pre se nt to address Council regarding the
Fire Division 's fire prevention efforts .
Unscheduled Visitors. (Please limit your prese ntation to five minute s.)
a. t /J. t,£JJE-J.)OlMAl
8 . Communications , Proclamations , and Appointments .
Letter from Gerald Stankorb indicati~ h is resignation from the Englewood Code
Enforcement Advisory Committee .//~
A proclamation declaring the month of October as Crime Prevention Month/~/J.ur
A procla~t'.o~ ~~':la_r~e week of October 8 throu gh 14 , 2000 as Fire Preve ntion
Week ./'P~
A proclamation declaring October 21 through 29, 2000 as Red Ribbo n Week .~
P ..... note: If you have • dlublllty and need awdllary akla or NrVicN, plNN nactty lhe City of Englewood
(303-762-2405) at INat 48 hours In advance of when NrVicN .. needed. Thank you .
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Englewood City Council Agenda
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Page 2
9 . Public Hearing. (None scheduled)
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/JRMJW)/liJ ~'}t/'Jeia ./T/ztfl /0(!_/ f-~IA TH£ e.tJl)f£A.)T /t6/Jll;A
a. A~val of Ordinances on First Reading .
b . Approval of Ordinances on Second Reading .
c. do;utions and Motions .
Rec ommendation from the Department of Parks and Recreation to adopt a
resolution approving a contract for the restaurant concessionaire at the
Englewood Golf Course. Staff recommends awarding the contract to Reif Golf.
STAFF SOURCE: Jerrell Black, DirecJpJ of_ Pa!ks and Recreation and Bob
Sp.eta, Golf Operations Manager. /l~
i i . Rec ommendation from the Utilities Department to approve , by motion , a bid for
M c lellan Reservoir fencing . Staff recommends awarding the bid to th e low
bidder, Steel Lock, in the amount of $36 ,691. STAFF SOURCE: Stewart H.
Fonda, Director of Utilities. ~
iii . Recommendation from the Utilities Department to approve , by motion , an
agreement for engineer services for the North Reservoir Drain Modifi cations .
Staff recommends approving the contract with lntegra Engineering in an amount
not to exceed $27,352 . STAFF SOURCE: Stewart H. Fonda, Director of
Utilities.
11 . Regular Agenda.
a .
b.
C.
Ap~al of Ordinances on First Reading.
Ap~val of Ordinances on Second Reading.
R~utions and Motions .
12 . General Discussion .
a. Mayor's Choice .
b . Council Members ' Choice .
&# I~ 1)¥:J,,;J I i..:/1 A re solution in opposition to proposed ,r lfJ -v November 7, 2000 Statewide Ballot. ,0 ~~~"'°'
~ gr? ii . A re solution in opposition to proposed Con stitutional Amendment 24 on the
'ffl,5-/ November 7, 2000 Statewide Ballot . ~
{AJl,y: NOW~'/IJ)
PINN nola: n you have a dlaablllty and need auxiliary alda or aervlc:es, pleaH notify the City of Englewood
(303-712·2405) at ..... 41 hoUfs In advance of when aervlc:es .. needed. Thank you .
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13. City Manager's Report .
14 . City Attorney's Report .
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The following minutes were transmitted to City Council between September 15 and 28, 2000 :
• Englewood Urban Renewal Authority meeting of August 2, 2000
• Englewood Public Library Board meeting of August 8 , 2000
• Keep Englewood Beautiful meeting of August 8 , 2000
• Englewood Non-Emergency Pension Board meeting of August 8, 2000
• Englewood Board of Adjustment and Appeals meet i ng of August 9 , 2000
• Englewood Parks and Recreation Commission meeting of August 10 , 2000
• Englewood Code Enforcement Advisory Committee meeting of August 16, 2000
• Englewood Planning and Zo ning Commiss ion meeting of August 22 , 2000
PINN nola: If you have • dlulllllty and need auxfflary aids or wvicN, plNN notify the City of Englewood
(303-712-2405) at lent 48 hoUfs In advance of when Ml'Vlc:N .,. IINdad. Thank you.
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E:'iGLEWOOD CITY CO U:"IC IL
E:'iGLEWOOD. ARAPAHOE COUNTY, COLORADO
Regular Session
Seplember 18 , 2000
I. Call lo Order
The re gular meeting of the Englewood C11y Coun c il was ca ll ed to ord e r by '.layo r Bums at 7:37 p.m
2. lnvocalion
The invocation was gi,·e n by Council Member l\abholz .
3. Pledge of Allegiance
The Pled ge of Allegian ce was led by Ma yor Bum .
4 . Roll Call
Present :
Ab se m :
A quomm was present .
Also pre ent :
5. Minules
Coun cil Members ~abholz . Grazuh s. Garrett, Bradsha". \\ olOS) n.
Yurch1ck, Bum
'.'lone
Ass istant C ity "1anager Flahert y
C ity Attorne y Brotz man
C u y Clerk Elh s
Director Gryglew1cz, Fin ance and Adnumstra1n e Services
(a) COL":'>Cll MEMBER WOLOSY~ MO\"ED. A,~D IT WAS SECO~DED. TO
APPROVE THE '.\tl;,./UTES OF THE REG(.jlAR CITY COL"i\Cll '.\IEETING OF SEPTDIBt.:R
5. 2000.
Ayes :
Nays :
Abstam:
~t on on carried .
Co uncil Members Nabholz, Garren. Wolosyn. Yurcluc k. Grazul1s.
Bums
'o ne
Coun cil Member Bradshaw
Sa
(b) COL":-IClL MD1BER WOLOSYN MOVED. AND IT WAS SECOi\DED, TO
APPROVE THE MIN"L"TES OF THE SPECIAL CITY COUNCIL '.\'l[[TING OF SEPTDIBER 11.
2000.
Ayes :
Nays :
Mouon carried.
6. Scheduled Visilors
Council Members Nabholz. Garren. Bradshaw. \Volosyn,
Yurchick , Grazulis, Bums
None
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Englewood C ity Council
Septe mber 18. 2000
Pag e 2
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(a) Gary Kring advised that he is a C PA and also Pre s ident ofa ·mall local foundation ,Jl!ed
the Shra mm Foundation . He commented tha t it is certainly no t as big as Gates and not a · big a, Boenchei.
but they like 10 look for s p ec ial opportunities 10 do a specia l ki nd of \\Ork and the y tlunk the ) ha , e found
one here in th e C ity of Eng le, ood. Mr. Krmg advi sed the y are very unpressed b) th e e,plo1atof)
comminee·s plan for an ans educa11o n and perfo rmance ce nter. Admmedly. be said. n , ambn,ou,. but
anyth mg le ss would fall s hort o f the potennal tJ1ey beheve tlu s project ha fo r address mg th e needs o( th,'
communny. He noted he is especially pleased with th e concept of pro,·idmg a co mprehe n "e a, 1,
educati o n to every rudent m Englewood . Tbe spectrum of perfonnance s me ludm g n ·ef)1hmg f1 o m
srud ent reci tal s to large p roductions by 10 u nng compames. "111 artract peo ple fr o m throughout the me110
area . He opined that this \\Ould . of cour e . help rerun1 Englewood 10 a dcsunatio n of, 1taht ) en1oyed
dunng the days of Ci nderella C uy. He urged each and every nlt'mber ofCo un cil 10 ,uppon th e e,pi(HJh>I )
commmee ·s furthereffons to th e make the Engle\\ood Cultural Arts Cen ter a reaill ). He noted the othe1
re aso n he was here tonight "as 10 demonst rate the confid ence tliat the foun da 11o n trustees hJ\e 1n 1he J11'
ce nt er and he wa s very plea ed 10 presem a c heck for S7.500 .00 10 the C hair of the C ulrural .\11 ,
Co mmis sion. Enc Benoluzzt. M r. Knne s ai d that 11 wa his under ta ndme. ba sed o n a com·e 1sa11011 \\llh
Mr. Benoluzzi. that this gift \\Ould be n;;.tched by the Cuy 10 help the co n;rnnee complete us "ors. d,, a
good feasibili ty s tudy and carry o n. He p resented th e check to Mr. Benoluzzi .
Yl r. Beno luzzi thanked :\1r. Knng for the check and stated he was thrilled and dehghted 10 acce pt the ,heck
on behalf of the Exploratory Comm,nee and the Culrural A rts Co mmi ss io n. He ad vised \I r. Knng that
th ey are deepl y a pprec,all\·e o f lu con1inumg suppon of community endea,·ors and he guaran1 eed 1lwJ
would pul the mo ne y to good use . Mr. Benoluzzi sa id that. as the c he ck ,s ma de o ut 10 the 11 ) of
En gle" ood, he would hke 10 hand ll o , er to th e Ho norab le \1ayo r Bums .
~fa yo r Bum acce pt ed the che c k and thanked both Mr. Krin g and Mr. Berto !uzz1.
~la yo r Bums, on behalf of Coun ci l, thanked Mr. Kring and offered appreciati on for 111 s uppo n
(b ) M ayor Burns advised that Rosemary LaPona . ofLaPona An Ga ller}.""' p1c ,en11<1
di scuss and sho" a vi deo conce rn in g th e ans .
\l s . LaPorta no ted that th e video was o ne that so me of Co uncil has s een. She ad\l ed that ,he ordered thb
video fr o m the Abil ene Arts Council in 1998. Ms. LaPo na commented that she was o, er" hdmed "hen
he atte nded the A meri can An s Council here in Denver and was quite please d that then· Cl!) "a, kmd ut 111
th e ame o nd1t1 o n that ours is . S he said s he is so exc ited because s he thmks that ounc1! real!) has g ut
and she reall y beheves tha t. Look at th is building. look what we have do ne . She o pmed that \\t' ha,e ,ud1
tr emendous opportunitie s ahe ad of us . One thing , she said. as a b usiness per 011 , s he an ob, 1o usl) ,ee 1lm
ans center bemg m our midst in downtown Engle.wood. Ms. LaPorta conm1ent ed that someho \\ he get,
the fee ling that 11 will be pushed away because of wha t we can acruall y visualiz e as far as re,enue 1s
concerned for the City. She said she was ho p ing that somehow we c an foresee 1h1 an s center 111 o ur m1d,1
in the City of Englewood so 11 w ill rea ll y benefit th e businesses . She sa id she thm ks the bu me ses o n
Broadwa y have done a great deal to sustain the City during some reall y tough time s and s he kn ows the ) are
not the o nl y one s d o mg that, but s he does think it wou ld be an o pporruniry fo r th e busmesses 10 get more
custo mers .
Dialogue fro m the vi d eo :
··~BC News . This week the endowment will release a srud y, which finds that many Ameri ca ns fail 10
recogn ize the direct relevance of an 10 their lives . There are various reasons, but the endowment does find
that ans ms tirutio ns are often isolated from corrununities the y c laim to serve, but do not . It needn·1 be that
,,1ay of co urse ."'
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Englewood CitI Council
September 18. 2000
P~ge 3
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:SBC reponer m Abilene. Texas : '"Ten yea rs ago a Imo I every bu1ldmg in do" nt0\\11 Abilene looked hk,·
th , . Their soluuon° Abilene invested m 1he ans:·
Abilene c111zen: ·'li"s really not only an aes1he11c opporrun11~. II I a ,·ery so und econo nu c s trategy.'"
:s/BC reponer: "Abilene s taned by re tormg tlus 193 0' movie pala ce, us mg more than Sl 1111111 011 fro m
a local development foundanon . The transfomiat,on of this theater from a downto"n eyesore to a CJ\ ,c
Je\\el, helped the City raise nulhons more . The new theater pro,ed Ab1le11e·s comm11ment. generatmg
corporate and pri vate donanons . The city won a small federal ans grant: po liuc,ans allocated cJt y a nd
co unt y revenue s to the ans and colle cted a one percent ans tax on a ll hotel and motel bill s . The pro ceeds
paid for a new conductor to fine-rune the conU11unity orchestra into a crnically accla,med philharmo n,c .. ·\
closed depanment store became a contemporary ans gallery. An abandoned hotel \\J S rebo rn as a ultuial
ce nter. with museum space wonhy of top quality exh1b11s . The ce nter no\\ draw 5.0()0, 1s 1101 • a )eJr
And where people go. stores and restaurants follow . Tl11 new re stauram doc s 1-1 ° o o f 11, bu s me , on
philharmonic nights ...
Abilene ciuzen : "Downtown wasn·t really hke this a fe"' year ago . There "asn ·r Jl1)1hm g here ··
Abilene cmzen: ··People come do\\11 to see the ans. but then th e) end up 111 0ur bake r) ..
l\13C reponer· '"Ans patrons now a count for one tlurd of the bu ,ine 111 thi s d \\JJIOl\11 bakery One
half of the ales 111 th,sJe "elry store. accordmg 10 s toreowner . l ast year do\\111 0 \\11 propeny ,alue ·
Jumped 14 °0. addmg SI null,o n ne" tax dollars to c 11y co ffer s. The Chamber o ommerce no "
empha,,zes the c11y·s c ulrural n he 111 re cruning ne" businesse to t0\\11 ten III the la st three )ear," 1th
12 00 ne\\ Jobs . In bdene th,, ,s the rele,·an e of the ans A do ,\Jll0\\111 ebu1lt , a co nunu1111~ <'J1 11cheJ ··
Yla yor Burns thanked Ms . LaP011a for shanng the video . He commented that 11 \\JS ,ery 1111pre s J\t'
~on-s.:heduled \"isitors
(a) Eugene :S:orman adnsed he \\JS bom in Engle\\ood . Th, paper. he a,J . 1> an attempt at
commumcat1on and he 1s a good example ofnon-commumca11on, 111 some"'} . be ·aus e he 1s hJ1d of
hearing . He noted that mo I of what has been a,d 10111gh1 he has n ·1 heard at all. ~1r :Sonnan read fr om Im
paper. ··Obv,ously, the \\Orld 1s not the ame for each ofus . :Vl o t o r the 11me . as humans. "e don t
communicate on any rntelhgent level at all. Example : 1 attempted conta ct "1th a 11, o ffi cial I rned
di scussing what I see as urgent. obJecm·e realiues relauve 10 both o fus . Hts final repl y 1 '"lam happ y \\Jilt
both my elf and my fanul y."· l 100 am happ y for his comentment. but anal ys 1 of the repl, s ho "· n 10 be
totall y ubJe cuve 111 context. Havi ng li11le to do with the ou ts id e world from the ,·,e" of elf. a type o f
disavowal of any potenual obJecuve reality be yo nd se lf and famil y. :S:01 re ahzmg that we are all fanul y.
the famil y of mankind . we tend 10 ignore the fact that yo u and I together are a separate bemg o ut from
ei ther yo u or I a.s 111dl\'Jduals . That mind, that yo u and I are tog eth e r. ,s mu h greater than you o r 1
se paratel y. yet reqmres ynerge1i c objective acnon 10 be vahd . Our elfish. self-centeredness. ,s quickl y
destroying our co lle 111·e being. Pan of eac h ofus ts simpl y starving . psycho logic all y, because of our
selfi sh perceptton of self. To ignore that total se lf out from us, ,s trul y a perfect defimuon of ignoran ce , ou r
ignorance 1 \\lSh the be I for that City official and hi s family . 1 wish the be s t for me . But I also wish the
best for yo u, ea h of you. and yo u are not gening Jl . One word can change a person ·s life depending on ns
rnterpre1au on. A pohce officer may feel repressed. but his interpretauon. and reaction to that word, can be
a world awa y from mine . II 1s not your subjecnvny I wish to deal with. n ,sour subject,vny together I "'1sh
to advance . That ollecnve mind which we are a pan of in our present ume. has no ranonal control , n ,s a
raging tdJOt and ll 1s destroymg us all. Imelligem acuon must be our reply. Just because we have done the
same thing for over four hundred yea rs does not impl y that it 1s workmg perfectly , nor that "e must
ominue our mmakes. New thought panems mu st evolve . If I present yo u wnh a series of idea s and yo u
vote yes or no on those ideas collectivel y, it does not gl\ e me power, ll gives you power. The power to
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Englewood City Council
September 18. 2000
Page 4
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change yo ur hves for the better, beyond the subj ective power of some City official or the mone y he ma~
repre ent . We confuse capitalism with democracy . Two different animal s. Big business groo ms some
person for the presidency for years, then you are allowed 10 ,·ote on that individual. .. big deal. Simply
pablum a pacifier. for your individual egos. I say vote on the tdeas, not the per on. True democra cy
implies all of us . Lets move ahead in time beyond our stagnatton. be yo nd our collecrive ignorance.
msaru ty. s rupidiry. se lfi s hne ss and smcide . Break down the doors. th e wall s. that keep us in our O\\ n
prisons . It 's m y destre to present yo u with a relativel y new percept of what we call democracy. That you
would include us all ma more dynamic way. far advanced from present ac!lon. superior in spa ce and tnne ,
not excluding the past. but including tl, in a synthesis of now. Our understanding o f ttme and spa ce
remains very primitive . Educatton in that area ts c ru cial to human surv ival. We are c reating a de se rt at a
rapid rate , one that will ri va l the ahara ifwe don·1 chan ge . The totaliry of o ur being, in an ontolog,cal
context. must include us all or we all lo se . A matter of mind. Our mind to ge ther and in gear. Columbine
and the wildftres were no surpnse to me . The food mdustry puts stickers on yo ur food. affordable ho usmg
for those in need is in shambles. The medical professio n 1s conrrolled b y in s urance mogul s and tho e ,·oted
into power concenrrate on bigger park mg lot . roads and shops for th ose wh o h3\·e no th ing better to do "11h
their ttme . Perhap we need bigger cars to deplete th e oil res erve so "e can all come to our senses before II
is too late . Others seldom mt s the lo ss of another's freedom. but it is you r freedom I am anempttng to
bring fonh . The freedom of tntelh gent aetton . Each c hild that ts born be co me s the nsen Chnst. ye t
because we are blind to ttme we connnue our anal garba ge trip on the plan et. Pe rhaps I am JUS ! stu pid . but
I can ·1 understa nd .''
Communications. Proclamations and Appointments
(a) A proc lamatton declaring the month of September as L11era cy M omh \\JS considered
COVNCIL MEMBER NABHOLZ MOVED. AND IT WAS SECONDED. TO APPRO\'E A
PROCLAMATION DECLARING THE MONTH OF SEPTEMBER AS LITERACY MO~TH.
Motion carried.
Ayes :
!'says :
Counc il Members 'abholz, Garren. Brads haw. Wolosyn.
Yurch,ck. Grazulis, Bums
one
(bl A proclamation declaring the week of September 1 -2 3. 2000 as ons 11tutt on \\'eek \\3S
considered.
COUNCIL MEMBER WOLOSYN MOVED. A."'ID IT WAS SECONDED. TO APPROVE A
PROCLAMATION DECLARING THE WEEK OF SEPTEMBER 17-23. 2000 AS
CONSTITUTION WEEK.
Ayes :
ays:
Motion carried .
Council Members Nabholz, Garren, Bradshaw, Wo lo syn,
Yurchick, Grazulis, Bums
None
(c) A proclamation declaring the month of October as Nationa l Arts and Humanities Month
wa s co nsidered.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION DECLARL"IIG THE MONTH OF OCTOBER AS NATIONAL ARTS AND
HU'.\1Ai'IITIES MONTH.
Ayes :
Nays :
Motion carried .
Council Members Nabholz. Garren, Bradshaw, Wolosyn,
Yurchick, Grazulis, Bums
None
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Englewood C ity Council
September 18 , 2000
Page 5
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( d) A resolution appoinung Joe l Burrage a a yo uth !ta 1son to the Eng lewood Cultura l Ans
Co mmi ss ion was considered .
COU~CIL l\lEi\lBER '.'IABHOLZ '.\IO\.ED . A .. "ID IT WAS SECONDED. TO APPRO\.£ .-\
RESOLUTION APPOINTl!'iG JOEL BURRAGE AS A YOt:TH LIAISO!'i TO THE
ENGLEWOOD C ULT URAL ARTS COMMISSION .
RESOLUT ION , 0 . 84. SE RIE S OF 2000
A RESOLUTI ON APPOIN TING JOEL BURRAGE AS A YO UTH LIAI SON TO T H E CL L TL·R..',I
ARTS COMMISSION FOR THE C ITY OF ENG L EWOOD .
Vote results:
Ayes :
Nays :
Motion carried.
Coun cil Members ~abholz. Garren. Bradshaw. Wolo yn .
Yurch1c k. Grazuh . Bums
None
Mayor Bums p re sented a emficate and C u y pm to Jim Burra ge . \1r. Burra ge ad, 1se d that he \\JS Joel',
fa th er and he and lu s wife appreciate Coun 1r effon s o n behalf of Joel He noted th at Jod had an
in excusable band meetmg to ru g ht he had to attend , so he 1s not here \1 r Burrage lated that Joel al o
thanks Co un cil.
9 . Public Hearing
(a) COl'lliCIL l\1£'.\1BER '.'IABHOLZ '.\10\'ED. A~D IT WA S SECOl\'DED. TO
OPE~ A Pt:BLIC HEARJNG TO GATHER l~Pl.T ON THE 2001 PROPOSED BUDGET.
A ye : Coun c il Membe rs Nabholz. Garrett. Bradshaw. Wolosyn .
Yurch1 k, Grazuh s. Bums
:-la ys : None
Mouon carried and the Public Hearmg opened .
Directo r Gryglew1cz. be mg d ul y S\\Om . ubmined to th e C tt y C lerk. Proof of Publication that noti ce of tlu s
publ1 heanng \\aS published on September I. 2000, Septemb er . 2000 and September 15. 2000 m th e
Eng lewood H era ld . He stat ed that thi s 1s a public hearmg to gather Citizen mput on th e 200 I Proposed
Budget pnor the C ity Coun ci l and staff retreat, whi ch is sc hed ul ed fo r Septe mbe r 30, 2000 m th e
Co mmumty Room . He noted that he had not planned on di sc ussing th e budge t to ni g ht. be cause it will be
di sc uss ed in depth on September 30th . Mr. Gryglewicz said this is a chance fo r c iti zens to voice th eir
conce rns about what should b e in th e budget and what s houldn 't be in the budge t and th ose sons of !lun gs .
\1ayo r Bums stated that no one signed to speak at the public hearing on the budge t. He co mment ed that
unforru natel y, as so man y ci ties find at budget he a rings. there are no orga n ized attempts to come and
dis uss the budget, unforrunatel y, in a public selling.
Ma yo r Bums asked if anyone was present to address the budget. There was no one .
con,CIL MEMBER NABHOLZ MOVED, AJ'I/D IT WAS SECONDED, TO CLOS[ THE
PlJ BLI C HEARING ON THE 2001 PROPOSED BUDGET .
Ayes: Council Members Na bholz. Garre n , Bradshaw. Wolosyn.
Yurchick, Grazuli s, Bums
Nays : No ne
\1o11 on ca m ed and the Pubhc Hearing closed.
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Englewood Cit y Council
Se ptember 18, 2000
Page 6
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Mayor Bums thanked Di rector Gryglewicz. He commented that it is reall y too bad and he "ondered 1f,
through service clubs or schools or somehow, we cou ld have some organi zed effon to ha,·e people come
and discuss the budget . It is kmd of sa d that we don·t have more panic1panon. he sa id .
10 . Consent Agenda
la) Approval of Ordinances on First Reading
There were no items submitted for ap prova l on first reading .
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CO UNC IL MEMBER GARRETT MOVED. A."ID IT WAS SECO:O,DED. TO APPROVE
CONSENT AGENDA ITEMS 10 (h) (i) and (ii) and 10 (c ) (i).
(b ) Approval of Ordinances on Second Reading
(i ) ORDINk\iCE NO . 69 . ERi OF 2000 ( OD:ClL BILL :S:0 . 6 .
INTRODUCED BY COUNCIL MEMBE!t WOLO \':'-)
AN ORDINANCE ACTHORIZJNG AN A .. '\1E'.\'.D~1E:S.T TO T HEE :-. LE WOOD TOWN CE NTER
PLA , 'ED UN IT DEVELOPME1'T DI TR! f PL NE. 'l JTI FD ··PLA:S:. 'ED L . 'IT
DEVELOPMENT SIGN STANDARD ..
(i1) O RDINAN ENO. ~o. ERJ E ' OF 2000 l O -~ lL BILL 1'0. 2.
INTRODUCED BY CO , 'CIL MEMB ER GA RRETT )
AN ORDINA 'CE APPROVI 'GAN NTER VER:-.\1 E!\'TAL AGREE M ENT FO R THE GRANTING
OF A LI C E SE BY REG IONAL TRAN PORT TI O N DI TRI (RTD) TO T H E C ITY OF
ENGLEWOOD FOR THE B1 DRY CREEK TRAIL
(c) Resol uuons and Motions
(1) AUTHORJZING A GRA :-.T APPLI A TIO N T O THE OLO RAD O
HISTORJ CAL SOClETY FOR STABILI ZATION OF TH E TH OMA SKE RRJTT HOUSE
Vote results :
Ayes : Council Members Nabholz , G arrett . Bradsha\\. Wolosyn.
Yurchick , Grazuli , Bums
Nays : None
Motion carri ed .
11. Regular Agenda
(a) Approva l of Ordinances on First Reading
There were no items submitted for approval on first reading.
(b) Approval of Ordinances on Second Readin g
The re we re no additional items submitted for approval on second reading . (See Agenda Ite m IO -Co nsent
Age nda .)
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Englewood City Council
September 18, 2000
Page 7
(c) Re olutions and Motions
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There were no addmonal resolutions or motions submined ior approval (See Agenda It em IO -Consem
Age nda .)
12 . General Discussion
Mayo r Bums noted the y had Mayor 's Choice \Agenda Item 12 (a)) and oun c il t.lember"s Choice (AgendJ
Item 12 (b)) at the end of their Study Session . He asked if anyone had any o th er matters they ",shed 10
speak about .
Co un cil Member Garren said that he wanted to congratulate the Cultural Ans Co mnuss ion for ra1 mg funds
from a private source , to help match C ity funds to do their exploratory stud y. Co un ci l :\!ember Bradsha "
agreed . Mr. Garren opmcd that it will be put to a great use and it shows that th ey are aggre s 1vely ou t there
trying to come up with something.
Mayor Bums said he joined Council Member Garren in that. He co mm ented that he was at one of their
public meetings and he was very impressed with how mu c h work the y ha ve done o n th is concept of th e
cultural ans center . They ha ve cenainly put their time to good use. he said. a nd he agreed wtth \1r. Garren .
Co uncil Member Wolosyn said she would pa ss those co mment s alo ng . . . . . .
Council Member Bradshaw said she wanted to say good luck to us tomorrow. She conunent ed that. for
those who don 't know, CityCenter Englewood is one of the three finali sts fo r th e C REW Award . whu:h 1s
Co nunercia l Real Estate Women . The other two competitors are th e Pa vilions ProJeCt and Low r). \1 ,.
Brad shaw explained that we were se lected out o f twenty projects. ,ncludin g ome hu ge projec ts Ill th e
Den ver area . We will find out tomorrow at a luncheon, "hether we wo n or not. She said. I behe, e th ere
were twenty-nine women intimatel y in vo lved . from anomeys to cou ncil members to consultants to
arc hitects. that made this team such an outstanding group. So. she said , good lu k to u, tomono".
Mayor Bums offered his congratulations to all the ladie s. He sa id the y did a terrifi Job .
13. City Manager's Report
Ass istant City '.\1ana ger Flaheny did not have any maners to bnng before Coun.:11.
14 . City Attorney's Report
City Attorne y Brotzman did not have any matters to bring before Coun c il.
15 . Adjournment
MAYOR BUR'IS MOVED TO ADJOURN . The meeting adjourned at 8:05 p .m .
~!({£
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• • • • Kent Davies 10/03/2000 10 :39 AM
To : Lou Ellis/City of Englewood@COE
cc :
Subject : Names for Fire Division Recognition
The Names of the individuals that the Fire Division Recognized last night are:
From A&A Tradin post -Tim Ausfahl and Sandy Kistler
From Abbott Extinguisher -Norval Scrivner
If you need anything else please let me know
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PLEASE PRINT
NAME
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
mB II ll!DUI a, Vl8ffl>R8
DATE: October 2, 2000
UNSCHEDULED VISITORS MAY SPEAK
FOR A MAXIMUM OF FIVE MINUTES
ADDRESS
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September 25, 2000
Mayor Tom Burns and
Englewood City Council
Civic Center
1000 Englewood Parkway
Englewood, Colorado 80110
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Dear Mayor Burns and Council Members:
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SEP 2 -·: ZCOO
This is to advise you that I am resigning from the Eng l ewo o d
Code Enforcement Advisory Committee effective immediate ly.
It is with much regret that I do so, but for persona_
reasons I feel that it is in the best interest of all
concerned.
Sincerely,
Gerald Stankorb
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PRO C LA:\1ATI 0'.\:
WHEREAS . t h e vnahty of our nation de pe n d s on h ow sa ~ we keep our h om es.
ne ig hborh ood s. and co mm um ,es. because crime a nd fea r dnnimsh the qua lity of
lite fo r a ll : a n d
WHEREA . peo pl e of all ages m us t be made a ware of w hat t hey can d o to p rot ect
ht!m se l\'eS. their fam1J1 es. n~1ghborhoo d s. a nd wor kpl aces from b m g h a rm e d by viole n ce .
d r ug a nd othe r crim e: and
\\'HEREAS . the per onc1l 1nJu ry . fin ancia l loss. a n d co m n1u m y de ter1 orat10 n resu lting
fr om crim e a r e intole r :.ible and need to be a ddressed by h,• w h ole co mmuni ty : and
\V HEREA . e ffect!\'· cnme p re ve ntion program s e xce l be cause of pa rtne r s hip ; a monis law
e nfo rce m ent. othe r go"e rn111 e nt age n cies . civic gr oup s. schoo b . and md1nduals as h •,· help
to reb ui ld a ·e nse of co mmunal r s pon s1b1 h ty a nd s h a red pride a nd
WHEREAS , c rim e r \'0:11 1011 1mt1atn·es a r e more than ,elf-prot ec ti on a n d ,;ecurn,· h t',.
ali'll p ro rn ot po s 1tl\'C' n!t e rnat1,·<'s to delinq u e n cy a nd drugs nm o ng yo ung p e>ple and
e m p ha s ize the pown o ,·ou h , be tt r co m muniti es .
:-S:0 \\' THEREFOR[ 1. Thum c1S Burn e :\l ayor of he C1 y r>I En ~le woocl . Co lo rado. h 'n ·h,
pmd a,m t he m o n t h of0l't o b e r 2000 ·1,
CR D1 E PRE \"ENTI O~ :\J O:--nt
111 t h e C ity of Engle wood ,,nd call upo n all c1t1ze n s, go\' 1·11 111 'ntal agencies. publi c a nd
prl\·a te rn s t1tutw n s. ,111d bu,111c--~es to n cre a,;e th ,r pan1c 1p ,1 10 n in our co mmum t~ .. s
pre ve nti on e fforts and he1 1:hy rom ot e ,o d c1t1ze n s h1 p
G l\'EN unde r my h .,nd a nd seal t hi s 2nd da y ofOc ohe r . :WOO
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PROCLAMATION ,"' ~
WHEREAS , fire de a ths due to smoke inhalation outnumber fire deaths due ~~
to burns by more than two to one; and
WHEREAS. smoke detectors are our first line of defense aga mst fire and research
s hows that hsvmg a sm oke detector cuts the risk of dying in a fire nearly in half; and
WHEREAS, even though 90% of U.S. Homes have at least one smoke detector, estimates show
that about one-third of all homes that have fires have smoke detectors that are not working,
us ually because of dead or missing batteries; and
WHEREAS , the Na tional Fire Alarm Code requires smoke detectors outside each sleeping area
and on each level of the home and recommends testing s moke detectors at least once a month :
and
WHEREAS , a s moke det ector with a dead battery cannot pr otect us from deadly s moke a nd
fire : so it 1s important t o ·'cha n ge your batteries when you change your clocks m the s pnng and
a utumn ;" and
WHEREAS , Extt Drills in the Home . or EDITH , should be pr acticed regularly to ensure we Get
Out Alive ; and
WHEREAS, the Englewood Safety Services Departme nt, F ,re Divis ion 1s dedi cated to saving
life and property from the devas tating effects of fire : and
WHEREAS . those me mbers of the fire service are jomed by other concerned citize ns of
Englewood , as well as bus in es ses , schools . service clubs a nd organizations in their fire s afet y
efforts ; and
WHEREAS, the local efforts of the Englewood Fire Divi s ion are supported by the act1vit1e s of
organizations such as the American Red Cross. the Congressi onal Fire Sel'Vlces Institute. the Fire
'.\l a rshals Association of North America, the Fire Safety Educa tors of Colorado. the International
Association of Arson Investigators, the International As soc iat io n of Fire Chiefs, the International
Association of Fire Fighters, the lnternat1onal Association of Black Professional Fire Fighters. the
:-l a tional Association of S ta te Fire Marsh a ls , the National Fire Protection Association . the
:,.i a tional Volunteer Fire Co uncil a nd the Umted State Fi r e Adm1mstrat1on :
NOW THEREFORE , I. Thom a s Burns, Ma yor of the ity of Englewood, Colorado, hereby
pr ocl aim the week of October 8th through 14th, 2000 a s :
FIRE PREVENTION WEEK
which commemorates the great Chicago Fire of 1871 , wluch killed 250 persons, left 100,000
homeless and destroyed m ore than 17,400 buildings. And call upon the citizens of Englewood ,
Colorado to participate in fire prevention activities at home . work and school and to heed the
message: "The Great Escape · Fire Drills !" as the 2000 Fire Prevention Week theme suggests .
GIVEN under my h a nd a nd seal this 2nd day of October. 2000.
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PRO C LAMATION
WHEREAS, alcohol and other drug abuse has been identified as one of the greatest
threats to the future of o ur . at1o n , and the 15-24 year old age group is dying at a faster rate
than any other age group : a nd
WHEREAS. it is 1mp erat1ve t hat visible , unified prevention education efforts by
community members be laun ch e d to reduce the demand for drugs: and
WHEREAS , the Colo rado Fe deration of Parents for Drug Free Youth and the City of
Englewood Department of Safety Services a re s ponsoring the national Red Ribbon Campaign
offe ring citizens the opp ortunity to demonstrate their commitment to drug free life style s : a nd
WHEREAS , the Na ti onal Re d Ribbon Campaign will be cele brated in every community m
Am erica dunng "Red Rib bo n Week"; and
WHEREAS. President 8111 Clinton and Mrs. Hillary Clinton are the National Honorary
Ch:.urmen, and Governor Bill Owens and Mrs. Frances Ow e n a r e the State H on or a r y
C h a irmen to provide this co mmunity focus on a Drug Free Am erica and a Drug Free
Colo rado; and
WHEREAS, bus iness, gove rnment, law enforcement. s chools. religious institutions,
service organizations, yo uth , physicians, se nior citizens, military, sports team s. and
md1viduals will demon trate their commitment to drug-free, he althy lifesty le s by wearing
and displaying red ribbons during this week-long campaign: and
WHEREAS, the City of Englewood. Co lorado further commits its res ources to ensure the
u ccess of the Red Ribbon Campaign;
:-IOW THEREFOR E. I, Thom as J . Burns. Mayor of the City of Englewood , Colorado,
h e re by proclaim the week of October 21st through October 29th, 2000 as:
RED RIBBON WEEK
nd e ncourage the citizen of Englewood to participate in drug prevention education
act1vi t1e s , making a vi s ibl e s tate ment that we a re s trongly com mitted to a drug-free
co mmunity .
Be 1t further resolve d . that the Englewood City Council of the City of Englewood
e n courages all citize ns t o p le dge : DRUG FREE AND PROUD .
GIVEN under my h and a nd seal this 2nd day of October, 2000.
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MkJLUTION NO.it;
SERIES OF 2000
A11![BOLUTION APPROVING THE GOLF COURSE RESTAURANT CONCESSIONAIRE
AG'REEMENT BETWEEN THE CITY OF ENGLEWOOD A. 'D REIF GOLF
WWIIIIBS.INC.
WHEREAS , REIF Golf Enterprises, Inc. has been selected as the concessionaire to
operate the Englewood Golf Course Clubhouse restaurant : and
WHEREAS , the purpose of this Lease to provide snack bar, grill and bar services to the
golfmg public and a quality , full -se rvice r estaurant fa cili ty offering breakfast, lunch and
d inner for group meetings , ser,1 ce club s a nd informal evening dining;
NOW , THEREFORE . BE IT RESOLVED BY THE CITY COU~CIL OF THE CITY OF
E :-JG LEWOOD , COLORADO . THAT:
Sectjop l. The Agreement between the City of Englewood a nd REIF Golf Enterprises .
Inc. for restaurant/concession services at the Englewood Golf Co urse is hereby approved . A
copy of said agreement is attached hereto as "Exhibit A" and incorporated herein by
reference.
Sectjop 2. The Mayo r and the City Clerk are hereby a uthorized to sign and attest the
Agreement described a bove for a nd on be half of the City of Englewood, Colorado.
ADOPTED A:!',,TD APPROVED this 2•d of October. 2000 .
Thomas J . Burns . Ma yo r
ATTEST:
Loucrishia A. Ellis . City Cle rk
I, Loucrishia A . Ellis , City Clerk for the City of Englew ood , Co lorado, hereby certify the
above is a true copy of Re so lution No ._, Series of 2000.
Lou cnshia A. Ellis
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CITY OF ENGLEWOOD -ENGLEWOOD MUNICIPAL GOLF COURSE CONCESSIONAIRE
BID OPENING
SEPTEMBER 6, 2000 10:00 A.M.
COMPANY MONTHLY RENT QUESTIONS ANSWERED BID BOND COMMENTS
TINA SULLIVAN $3,500.00 ALL MARKED LETTER SEE ATTACHED
OF
CREDIT
OVERLAND G.C. $3,000.00 MIN . OR ALL MARKED PERSONAL SEE ATTACHED
RON REIF 10%0FGROSS CHECK AMENDMENTS ACKNOWLEDGED
WILLIS CASE $30,000.00/YEAR ALL MARKED BID BOND SEE ATTACHED
PETE ELZI PLUS7%0VER ATTACHED RENT IS EXPLAINED IN EXHIBIT A & B
$200,000.00 AMENDMENTS ACKNOWLEDGED
RBI GOLF MANAGEMENT NIR
BUFFALO RUN 8% OF GROSS SALES ALL MARKED NOBID SEE ATTACHED
ED SEFIC BOND AMENDMENTS ACKNOWLEDGED
INCLUDED
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BASIC FOOD GROUP, INC. NIR
PARADISE CONCESSIONS N/R
ROBERT G. BENNETT N/R
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AGREEMENT
THIS AGREEMENT, hereinafter called "Lease". made and entered into this __ day of
-------------~ 2000, by and between the CITY OF ENGLEWOOD ,
a Co lorado municipal corporation, hereinafter referred to as "City", and ________ _
----------·· hereinafter referred to as "Concessionaire";
WITNESSETH:
WHEREAS . the City owns certain real property which is known as the Englewood
Municipal Golf Course. hereinafter called "Golf Course". and located in the City of Shendan;
and
WHEREAS , City and Concessionaire desire to enter into a lease for the management of
the restaurant and lounge located at the Englewood Municipal Golf Course ;
NOW, THEREFORE , for and in consideration of the mutual covenants hereinafter
appearing and of the payment of the monies hereinafter set forth. the parties hereto agree
as follows :
Section 1 STATEMENT OF INTENT.
The purpose of this Lease t.o provide snack bar, grill and bar services to the golfing
public and a quality , full-se n,;ce restaurant facility offering breakfast, lunch and
dinner for group meetings. service clubs and informal everung dining.
Section 2 GRANT .
The City hereby leases to Concessionaire the portion of its golf clubhouse presently
used as its restaurant concession. together with the improvements thereon. located at
2101 West Oxford Avenue , Shendan, Colorado 80110 . for the purposes of serving food
and beverages, including alcoholic beverages.
Sectjon 3. DEFI1'l1TI0N OF PREMISES.
The "Leased Premises" as r eferred t o herein is defi ned to be the golf clubhouse
restaurant and lounge wh ich is owned by the City of Englewood, Colorado . See Exhibit
"A". Proposed food and beverage ope rations shall also be allowed on the golf course .
Nothing herein gives Concessionaire any right to interfere with or participate in the
operation of the Golf Course as a golf course, i.e . fairways and greens, Pro Shop , and
all other golf course operations .
Sect ion 4 . TERM OF AGREEME:slT.
This Lease shall not be effective until Concessionaire has obtained a liquor license to
dispense alcoholic beverages pursuant to C .R.S. 12--1 7-101 et. seq. From the date of
signature until the liquor license is authorized by t he proper officials. this Lease shall
be considered an Option to Lease that may not be termmated by either party, except
that if the Liquor License 1s not granted and in operation on or before
-------· 2000. The City hereby grants to Concessionaire the right to hold
the Leased Premises pursuant to the terms of this Lease for a one (1) year lease with
two (2) one (1) year renewals at the option of the Concessionaire and with two (2)
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additional optional one (1) year periods by agreement of both parties. The City
reserves the right to accept. modify , or reject said wntten proposal. If the
Concessionaire intends to renew the contract they must inform the Director of Parks
and Recreation ninety (90) days prior to termination of the lease. The City shall
inform Concessionaire of its decision through the Director of Parks and Recreation .
Section 5 USE OF THE PRE:\USES .
Concessionaire shall have the right to possession of the Leased Premises for the
purpose of serving food and/or beverages. including alcoholic beverages. for
consumption on the golf course. However, nothing in this Lease shall be construed to
authorize that which is prohibited under Uruted States, State or local law , ordinance,
code or regulation . The Leased Premises shall be used by the Concessionaire for the
purveying of alcoholic beve rages . as the same may be authorized by and regulated
under the Colorado Liquor Code , C.R.S. 12-47-101. et s eq., and for the operation of a
restaurant. Concessio naire shall op erate the Leased Premises in a careful, safe,
quiet. orderly, and businesslike m anner. Concess ionaire s hall not use or permit the
premises to be used for any purpose that is proh1b1t ed under the laws of the United
States, statutes of the State of Colo rado, or ordinances. regulations or co de s of the City
of Englewood or the City of Shendan.
Concessionaire shall pr onde food a nd/or beverages including alcoholic beverages on the
golf course through t he u se of sheds . a cart or a co m bmauon thereof. Operation time
and use of the sheds and ca rt(s ) hall be provided by the Co ncessionaire and shall be
approved by the City :Vlan ager o r d esignee m the sa me manner as Section 8. Use of
cart(s) shall follow the same rule s a nd regulation as golf co urse rental carts. Shed
design shall be approve d by the City :\tanager or !u s de s 1gnee . t;se of a cart shall n ot
interfere with the ope r a ion of the olf co urse . Ser,1ce t o t he golfers on the course s hall
be reviewed by the Cny :\l a nage r o r his des1gne e every si x tG) months .
Entertainment of any nature that Co n cessionaire pr oposes on the premises shall be
subject to prior approval by t he Engle wood City 'Ma nager or his designee . which
approval shall not be ur.reasonably withheld . If the City determines any
entertainment t o be o bie cti onable , City shall notify Concess ionaire in writing thereof
and Concessionaire s ha ll ter mmate said entertainme nt immediately .
Sectjon 6 EXCLUSIVE RIGHT TO USE PREMISES.
City hereby grants to Co n ces sionai re the exclusive right to use the Leased Premises to
operate a restaurant and o pun·ey alcoholic beverages. Use of vending machines by
the Concessionaire must be appro,·e d by the City :\Janager or designee .
Section 7. MENU.
The Concessionaire s h all provid e a n attractive menu for breakfast, lunch, and evening
meals listing meal items. beverages available and current pricing. Menus, pricing and
changes to menus or pncmg of me nu items shall be revi e wed and approved by the City
Manager or his designee .
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Sectjon 8. HOURS OF OPERATION .
a) From May 1st t hrough September 30th of each year. the Concessionaire shall
operate the re sta •J.rant facility seven (7) days per week and during these months
shall be ope n each day to serve meals to the public from one-halI hour before
dawn and 5hall remain open until at least 10 :00 p .m .
b) During the months of October 1st through April 30th of each year, the
CoDCNSionaire shall operate the restaurant facility seven (7) days per week and
during these months shall be open each day to serve meals to the public at dawn
and shall remain open until at least 8:00 p .m .
c) Hours of operation, including the hours of shed and cart operation, may be
modified with written approval from the City '.'vlan a ger or his designee .
d) Sunday closin g at 8 :00 p .m . is permitted. Nothing herein shall be construed a s
prohibiting the Co nc essionaire from being ope n fo r other hours in addition to
those stated in paragraphs "a" and "b " above . Re s taurant may close on
Christmas Day.
e) Concessionaire agree s to coop e rate with the Go lf Course Manager in scheduling
golf meetings and events that involve use of the grill , meeting room and dining
room . In the event of any disagreement, the m a tter shall be referred to the City
Manager or his designee.
f) MAINTENANCE. REPAIR A .. '-fD REPLACE:\fE::s/T .
i . The Co n cessionaire shall be responsible for repairs and/or replacement of
small ap p liance s , dishes . glasses . silve rware. and other equipment and
misce llaneous cooking pots, pans and utensils.
ii. The City shall be responsible for the cost and selection of the contractor for
maintenance, repairs and replacement of the stove, grill and oven, hood
and fire suppression system , deep fat fryer . sinks, grease trap , cabinets,
dishwashers . freezer, walk-in cooler, bar refrigeration, furniture , and snack
bar cooler . The Concessionaire shall be responsible for the first three
thousand five hundred dollars ($3,500 .00) of outside contractor expense or
parts purchased by the City and therea ft e r the City shall be responsible for
all additional costs, unle ss such cost 1s due t o negligence or other acts by
Conce ssionaire or employees of Concess ionaire.
g) Concessionaire and or the City may temporarily cl ose the restaurant facility for
cleaning, construction and maintenance under a mutually agreed upon schedule.
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SECTION 9. CLEANLINESS GUIDELINES.
The Concessionaire will maintain, at all times. the kitchen, food preparation, dining
and banquet areas , all equipment, fixtures. paraphernalia, materials. utensils and
other items there in. in a clean and sanitary manner, polished and waxed to the
highest degree possible. Concessionaire shall keep the concession facilities clear of
broken glass. dehris, and garbage. Concessionaire shall dispose of any waste water or
other waste fluid in the sanitary sewer. In the event waste fluids may not legally be
disposed of in the sanitary sewer, then Concessionaire is responsible for disposing of
same in an appropriate and lawful manner. Concessionaire shall comply with all
applicable health and sanitation laws and regulations in effect where the
food/beverage areas are located. The Concessionaire shall permit and facilitate
inspection of the food/beverage areas by the City and its representatives and by public
health/sanitation/bwlding/fire authorities so authorized at all times.
The following shall establis h the minimum sanitation gui delines for the
Concessionaire :
a ) The Sarut:1uon Code of the U.S . Food Service Ind us try as published by the
National Re sta ura nt .-\ssoc1at1on .
b) All State of Colorado Acts and Regulations governing food service operations.
c) All applicable Co unty Public Health/Saniiation Regulations .
d) All applica ble Fede ral Government Acts and Regulations.
e) Any specific gwdelmes established by the Ma n a ge r .
SECTION 10 . SANITATION REGULATION AND JOB Ir--SPE CTION .
a)
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Informal inspections of the food service facilitie s are to be conducted weekly by
the Concessionaire. An inspection checklist is to be prepared and completed by
the Concessionaire for each inspection, and said checklists are to be made
available to the City upon its request. A complete report of corrective measures
taken or to be taken for any deficiencies noted should accompany the inspection
report.
Informal inspections of the food service facilitie s are to be conducted daily by the
Concess 1ona1re with immediate corrective measures taken for any deficiencies
noted .
c) Formal mspecuons of the food service facilities are to be conducted a minimum of
two (2) times per year, on a quarterly basis, by the City's designated
representative , accompanied by the Concessionaire .
Section 11 RENT .
a) Concessionaire shall pay rent to the City in accordance with the following
schedule :
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i. Commencing on 2000, the Concessionaire shall pay
$3 ,000 per month or 10% of the gross. whichever is greater. Gross
shall include vending machines and all revenue (except truces) tha t are
produced or conducted on the Leased Premises.
The aforesaid fixed rent payments shall be paid each month, in advance ,
on the first day of each month or on the first Monday of each month if the
first day falls on Saturday or Sunday.
A penalty fee of $10 .00 per day or part thereof shall be charged for each
day or part thereof that the rent is past due , until 12 :00 midnight on the
14th day past due . If the rent payment is not received by midnight on the
14th day past due, the Concessionaire sh a ll be in violation of the terms of
this Agreement, and subject to termina tion.
Section 12 . UTILITIES .
City shall provi d e all utili t y costs fo r operation
Section 13 JANITORIAL SERV1 CE AND TRASH RE'.\1 0 \"AL.
City shall be res po n si bl e for the r easonable cost of t r ash removal and janitorial sel"\,ce
for the Leased Premises. No thing in this Paragraph s hall diminish the
Concessionaire's requireme nts set fo rth in Paragra phs 9 a nd 10.
Section 14 PARKI NG FACILITIES .
a ) The existing parking facility a djacent to the Re s taurant concession (hereinafter
called "parking fa cility") shall be open for use by Co ncessionaire and its
customers: such r i ght of use of the said parking fa cilities shall be non-exclusive
right .
b) City shall a t its own expense maintain the parking facility , which shall include
snow removal whe n necessary .
Section 15 SIG NS .
The City shall ma intain an entrance sign with the name of the Concessionaire . The
Concessionaire s h all be a llowed equal space on the entry s ign. An y other signage for
the restaurant shall be t h e sole res ponsibility of the Co ncessionaire. All signa ge must
be approved by t he Ci t y Manager or his designee .
Sec tjon 16 . PHYSICAL F . .\CILITY AND EQUIPMENT .
City agrees to pro,,,;de space , fixtures , equipment and furniture for an equipped
kitchen, bar, lounge a rea, grill , snack bar and two dinin g/meeting rooms .
Concessionaire agrees not to move existing partition s separating dining area and
meeting room without the written permission of the City Manager or his designee .
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Section 17 ADDITIONAL FACILITIES AND EQUIPMENT.
Concessionaire shall have the right to install additional facilities and equipment with
the consent of the City Manager or his designee . Said facilities and equipment shall
become the property of the City upon the termination of the lease.
Section 18 SECURITY .
Concessionaire is responsible for the obtaining of theft insurance covering all food .
liquor, and other supplies and personal property of Concessionaire. Such policies shall
contain no right of subrogation against the City. Concessionaire shall provide a cop y of
the policy to the City Manager or his designee .
Section 19. PERSONNEL.
a) Concessionaire shall at its own expense employ such qualified personnel as may
be necessary for the concession operation and shall require all personnel to be
clean. polite , and courteous in their transactions w1th the public.
b) Concessionaire shall give personal supervision :ind direction to the operation of
the concessio n a nd . when absent, keep competent personnel in charge.
c) City shall not be responsible for the wages or salanes of any employee or
representative of Concessionaire. nor for any debts. liabilities or other obligations
of Concessionaire .
d) Neither the Concessionaire nor the employees who perform services pursuant to
the Agreement shall be considered employee s, sen·ants or agents of the City of
Englewood as a res ult of the performance of services under the Agreement.
e) Violence and acts prohibited by law committed by ConcessionaU'e or employees of
Concessionaire shall cause immediate termination of the Lease .
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Sectjon 20. LICENSE S AND PERMITS .
Concessionaire , at its ow n eitpense , shall secure any and all licenses and permits for
food services and purveyance of alcoholic and non-alcoholic beverages . Concessionaire
agrees to promptly initiate an application and obtain a Hotel and Restaurant Liquor
License pursuant to C.R.S . 12-47-101 et seq. Con cessionaire s hall have the
responsibility of the enforcement of all liquor laws and regulations on the premises.
Concessionaire shall reimburse the City for all license fees it has paid to Sheridan and
the State of Colorado.
Sectjon 21. COMPLIANCE WITH STATE AND CITY HEALTH CODES.
Concessionaire shall keep all concession areas in a clean and sanitary condition at all
times and shall comply with all State, County and City health laws relating to the
dispensing of food and beverages.
Sectjon 22 . INSURANCE/INDE:v!NIFICATION .
a) Concessionaire agrees to furnish to City a perfo rmance bond or letter of credit in
the amount of F ifty Thousand Dollars ($50,000 .00) or a cash deposit in the
amount of ten thousand dollars ($10,000) guaranteemg fa ithful performance by
Concessionaire of all terms, covenants, and conditions herem co ntained and
compliance with applicable City ordinances . S aid bond shall be furnished as of
the date of execution of this Lease .
b) Concessionaire shall at Concessionaire's own expense keep in full force and effect
during the term of this Lease statutory Worker's Compensation coverage . A co py
of the certificates of i nsurance shall be sent to the City in care of the purchasmg
division.
c) INDEMNIFI CA TIO N . Concessionaire agrees to ind emnify and h old harmless
the City of E nglewood. its officers, employees . ins urers . and self-ins urance pool.
from and against all lia bility , claims . and demand ,, on account of injury, loss or
damage , of any ki nd whatsoever, which arise out of or are in any manner
connected with Concessionaire, if such injury , loss. or damage is ca u sed in whole
or in part by the act , omission, or other fault of Concessionaire , or any officer or
employee of Co ncessionaire . Concessionaire agrees to investigate, handle .
respond to , and to provide defense for any such liability, claims . or demands at
the sole expense of Co ncessionaire, and agrees to bea r all other costs and
eitpenses r el ated thereto, including court costs and attorney fees, whether or not
any such liability . claims, or demands alleged a re gro undless. fal se. or
fraudulent .
d) INSURANCE .
i. Concess10naire is to procure and maintain. at its own cost. a policy or
polic ies of ins urance s ufficient to insure aga i nst all obligations assumed by
Concessionaire pursuant to this Lease .
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ll. Concessionaire shall procure and continuously maintain the minimum
insurance coverage's listed below , with the forms and insurers acceptable
to the City of Englewood. In the case of any claims-made policy , the
necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(A) General liability and errors and omissions insurance with
minimum limits of one million dollars ($1 ,000.000) per each person
and one million dollars ($1,000.000) per each occurrence , plus an
additional amount sufficient to pay related attorneys' fees and
defense costs.
(B) Liqu or Legal Li a bility Insurance. with minimum limits of
$1 ,000 ,000 for injury or death of any one person; $1 ,000 ,000 for
in j uries or death occurring as a result of any one accident;
$1.000.000 for property damage ; and $1,000,000 for products
liabil ity . A certificate evidencing said insurance policies shall be
kept on file with the Clerk of the City and the City Purchasing
d1v1 s1o n and h ::i ll have a prov1s 1on that the same shall not be
altered . a mended. or canceled without first giving written
not1ficat1on thereof to the City thirty days prior thereto .
Concessionaire further agrees to indemnify the City for any claims
brought against the City because of or on account of
Concessionaire·s operation.
iii Fire and Extended Coverage Insurance shall be provided by the City on the
Club House building, and extended bu ildings included in Leased Premises ,
only . Concessionaire shall be solely res po nsible for securing and paying for
insurance cov erage on those improvem e nts and co ntents belonging to
Concessionair e located in or on t he Lea ed Premises. Concessionaire
here by exp ressly wai\'e a ny ca use of a ct10 n o r nght of recovery which
Concess1o n a u-e may he rea fter have aga in,t 1ty for any loss or damage to
Leased Pl'emi ses or to a ny co ntents or 1m pr o \'e ments thereto belonging to
either pa rty , caused by fi.re or explos 10n .
iv.
V.
The polici es r eq uired above shall be endor sed to include the City of
Englewood and the City of Englewood's officers and employees as
addit ional ins ured . E very policy reqwred ab ove shall be primary
insurance . and a ny insurance carried by the Ci ty of Englewood , its officers ,
or its employees . or carried by or provided thl'o ugh any self-insurance pool
of the City of Englewoo d , shall be excess and not contributory insurance to
that pr ovided by Conce ssionaire.
The cel'ttficate of insurance provided to the City of Englewood shall be
completed by the Concessionaire's insurance a gent as evidence that policies
providing the required coverage's. conditions. and minimum limits are in
full force and effect, and shall be reviewed and approved by the City of
Englewood prior to commencement of the Agreement. No other form of
certificate shall be used . The certificate shall identify this Agreement and
shall provide that the coverage's afforded under the policies shall not be
canceled. terminated or materially changed until at least 30 days prior
written notice has been given to the City of Englewood. The completed
certifi.c::it e of ins urance s hall be sent to :
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City Clerk
Ci ty of Englewood
1000 Eng lewood Parkway
Englewood . Colorado 80110
A certified cop y of any policy s hall be provided to the City of Englewood at its
request. A cop y of the certificates of insurance shall be sent to the Citv in care of
the Purchasing D1v1s1on . 2800 South Platte River Drive, Englewood, Colorado
80ll0 .
vi. The parties hereto understand and agree that the parties are relying on .
and do n ot wa1\'e or intend to waive by any provision of tlus Agreement.
the mone tary li mitations (presently $1.000.000 per person and
$1 ,000 ,0 0 0 per occurrence) or any other rights . 1mmuruties, and protections
proV1ded by the Colorado Governmental Immunity Act . C.R.S . 24-10-101 et
seq .. as from time to time amended . or otherwise available to the parties.
thetr offi cers , or their employees .
A certificate evi denci ng said ins urance policy shall be kept on file with the City
Clerk of t h e Cit y a nd shall have a provision that the same shall not be altered.
amende d . or ca nceled without first giving written notification thereof t o the Ci t y
thtrty days pr10 r the re to. Concessionaire furthe r a grees to indemnify the City fo r
any claim s brought against the City because or on account of Concessionaire's
operation . A co py of t he certificates of insura nce shall be sent to the City in care
of the purchasing di\'ls1on.
Secuon 23 . FIRE OR ;',/:\T UR:\L DISASTERS .
In the event fire or natural disaster renders the Club House and 1ts concession
facilities inoperable. the Co ncessionaire shall be r e lea ed fr om the terms of
compensation t o be paid t he City until such time as t he Cl ub House and its conce ssion
facilities are d eclared open and op e rable by the Cny . If in the event s uch conces sion
facilities are not op e n a nd operable within a period of thi rty (30) days from the t1me of
such disaster . Co ncess io n aire has the right to t erminate it s contract and Lease with
the City under Section 2-l , Termmation of Lease . cont amed herein .
Sec tjon 24 TENA:\T RE CORDS .
Concessionaire shall kee p a nd m a intain complete and acc urate records and accounts of
its business on a cale ndar year bas is . A monthly report s hall be generated providing a
breakdown of "gross s ales" into the following categori es:
Re s taura nt Operations.
Catering Operatio ns ,
Bar Operations A~D
A ! ':\GAL :\ UDIT.
Such records s h a ll be m a int ained in accordance with generally accepted accounting
principles and shall be a ud ited annually by an indepe n de nt accountant certified in the
State of Colora d o. The re co rds shall clearly show Conce ,s10naire's gross sales ,
including proceeds fr om a ll catering activities . Gross sa les shall be divided in
restaurant operatton s, cate rmg operations and bar operations. Such records and
accounts , includi ng all sales tax reports that Concessiona ire furnishes to any
government or governme ntal agency shall be made available for inspection at any
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reasonable time upon request of the City, the City's auditor . or other authorized
representative , and a copy of such annual audit. including all written comments and
recommendations of s uch independent accountant, shall be furnished to the City Clerk
within 90 days of the close of the fiscal year being so a udited .
Sectjon 25 . TERMINATION OF LEASE .
a) This Lease may, at any time, be terminated b y either party upon ninety (90)
days' written notice to the other without cause.
b) The parties m ay terminate the Lease by givmg thirty (30) days· written notice of
a violation of paragraphs 5 , 7, 8, 9 , 10 . 11. 12. 13. 14 . 15 . 16, and 1 i.
c) Violation of paragraphs 18 . 19 . 20, and 21 sha ll be grounds for =mediate
termination of the Lease .
Sectjon 26. DELIVERY A:® REMOVAL U PON TER?vll:--.: . .\TIOK
Concessionaire w1Jl deliver the premises at the termination of this Lease in as good
condition and state of repair as when received, excep t for ordinary wear and tear or
loss or damage caused by a n act of God . Upon terminatio n , Concessionaire shall have
the right to rem ove a n y supplies or personal property belo nging to or installed by the
operator. subject. however. to any valid lien or claim which City may have for unpaid
fees. Provided also t hat if said removal causes any damage to the premises, said
Concessionaire will repall' the same in a proper and ,ati s factory manner at its ow n
expense.
All liquor licenses ,hall be transferred to the City of Englewood. At no time s hall
Concessionaire terminate , alter or surrender the liquor lic ense without approval of the
City of Englewood . The Concessionaire shall be subiect to injunction to prevent
surrender or injury to the liquor license . Upon terminatio n. the attached Power of
Attorney shall be o pe rative and s hall allow the City to operate the establishment
pursuant to law . In the e\'e nt the liquor license is t r ansferred to the City of
Englewood . the City s hall pay the Concessionaire S2.500 .00 less any offsets allowed
by the prior provis 10 ns o f this Agreement .
Secu on 2i . Th.i s Agree ment m ay not be assigned and a ,ublease s hall not b e allowed
without the written consent of both parties .
Sect)O n ?8. NOTICES .
All notices, dem a nds a nd co mmunications hereunder s h a ll be personally served or
given by certified or registered mail , a nd:
a ) If intended for City s hall b e a ddressed to City at:
City of Engle wood
Attention: City Manager
1000 Englewood parkway
Englewood , Colorado 80110
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with a copy to :
City of Englewood
Attention: City Attorney
1000 Englewood Parkway
Englewood . Colorado 80ll0
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b) If intended for Concessionaire shall be addressed to Concessionaire at:
with a copy to :
, .
c) Any notice given by mail shall be deemed delivered when deposited in a United
States genera l or branch post office , addressed as a bove , with postage prepaid.
or when served personally a t the applicable address.
Secnon 29 . ENTIRE AGREE~ENT.
This Lease . together with the exhibits attached hereto :
a ) Contains the entire agreement between the parties : and
b) Shall be governed by the laws of the State of Colora do .
Secuon 30 . SEVERABILITY.
If any clause of provision of this Lease is illegal, invalid or unenforceable under present
or future laws effective during the term of this Lease , then and in that event, it is the
intention of the parties hereto that the remainder of this Lease shall not be affected
thereby. It is also the intention of the parties to this Lease that in lieu of each clause
or provision of this Lea se that is illegal, invalid or unenforceable, there be added as a
part of this Lease a clause or provision as similar in terms to such illegal , invalid or
unenforceable cl ause or provision as may be possible and be legal, valid and
enforceable .
Section 31 CAPTIONS.
The caption of each Section is added as a matter of convenience only and shall not be
considered in the construction of any provision or provisions of this Lease .
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Sectjon 32 . BINDING EFFECT.
All terms, conditions and covenants to be observed and performed by the parties
h ereto shall be applicable to and binding upon their respective heirs, administrators,
executors , successors and assigns .
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals as of the day and year first abffl.e written.
CITY OF ENGLEWOOD . COLORADO
"City''
By __________ _
Thomas J . Burns . 'Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
"Concessionaire"
By ___________ _
By ___________ _
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COUNCIL COMMUNICATION
Date Agenda Item Subject
October 2 , 2000 Restaurant Contract-Golf
10 c I Course
Initiated By Staff Source
Department of Parks and Recreation Jerrell Black, Director of Parks and Recreation
Bob Spada , Golf Operations Manaaer
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
1996 Approval of Restaurant Contract-JOQ's Corporation
1988 Approval of Restaurant Contract-Anderson/Malloy , Inc . D.B.A .-Woody's Club
1986 Approval of Restaurant Contract-Mur-James Corporation
1982 Approval of Restaurant Contract-2101 Corporation
RECOMMENDED ACTION
Staff recommends to City Council to adopt a resolution approving the Golf Course
Restaurant Concessionaire Agreement between the City of Englewood and Reif Golf .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Golf Course has provided a restaurant concession at the existing clubhouse since
1982 . The current concessionaire , JOQ's has operated the restaurant facility since
1996 . The term of this agreement was for five years and was to terminate in January of
2001 . JOQ's gave ninety days notice (per Section 23, Paragraph A , of the Concession
Agreement) on June 26 , 2000. to stop the restaurant operation effective October 2,
2000 . However, due to numerous staff problems , Julie Quinlivan, owner of JOQ's,
requested to cease operation after the day 's business on Sunday, August 20, 2000.
The City of Englewood has operated and will continue to operate the restaurant until the
new concessionaire begins .
Bid requests were distributed to fourteen interest parties . Four proposals were received
and four interviews were conducted .
CONTRACT: The development of the contract received input from the Parks and
Recreation staff , City Attorney's office . Finance Department and the Purchasing
Department. The contract was developed to provide fairness and equity for both the
concessionaire and the City of Englewood . However, a few changes were made from
the previous contract to increase the benefits to the City of Englewood and the patrons
of the restaurant. Areas that were adjusted are as follows: hours of operation ,
particularly for the cart and snack shed will be posted . The concessionaire will be
responsible for the first $3,500 of repairs to stove, grill, dishwashers, etc. Section 9
(Cleanliness Guidelines) and Section 10 (Sanitation Regulation and Job Inspection)
were added to assure safe and clean practices were in place . The sign rental was
included in the new rent payment.
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SELECTION PROCESS :
Interview Committee-An interview committee was created to provide a wide
range of diverse input. The Interview Committee consisted of the Golf Operations
Manager, Manager of Open Spaces and representatives from the following
departments: Finance Department, Purchasing Department and the Human Resources
Department. Also included on the committee from other agencies were a representative
of the Parks and Recreation Commission , Facilities Manager for the City of Westminster
and the Director of Golf for Foothills Parks and Recreation District.
Interview Process: The evaluation criteria included financial considerations ,
customer service elements, experience , marketing plan, menu and pricing, presentation
and bid proposal and professional attributes. The professional attributes included
intangible elements such as positive attitude , innovation and creativity, motivation,
commitment, etc.
FINANCIAL IMPACT
The rental payment will be $36,000 or 10% of the gross (whichever is greater) per year.
USTOFAlTACHMENTS
Bid Proposal Tabulation
Proposed Resolution
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COUNCIL COMMUNICATION
Date Agenda Item Subject
October 2, 2000 oi Mclellan Reservoir Fencing
INITIATED BY
Utilities Department
STAFF SOURCE
Stewart H . Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None
RECOMMENDED ACTION
Council approval , by of the bid for the Mclellan Reservoir Fencing .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIAED
Mclellan Reservoir, because it is an important Englewood water source , is closed to the public
and posted. Even with such prominent posting , trespassing incidents are becoming more
frequent and are expected to increase with the opening of the new Southpark Industrial Park .
This includes the newly constructed Harley Davidson business , which is adjacent to Mclellan
Reservoir's western boundary .. To deter trespassers and protect water quality , it is proposed
that 2,400 lineal feet of 8-foot chain link fencing be installed . The fencing will be color-coated
brown to aesthetically blend in with the surrounding area .
The Request for Bids was advertised in the Daily Journal and four bids were received .
ANANCIAL IMPACT
A bid opening was held on August 31 , 2000 and the following bids were received :
AJI Fence , Ltd.
Metro Fence
Split Rail Fence
Steel Lock
$47 ,830 .00
$44,542 .00
$43 ,995.00
$36,691.00
Steel Lock meets the specifications and is the recommended low bidder at $36 ,691 .00 .
The Utilities Department budgeted $55 ,000 to Water Source and Supply based on the
engineer's estimate. In the 2000 Budget , this money was allocated under #09-01-43211.
LIST OF ATTACHMENTS
Bid Proposal Tabulation
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City of Englewood Bid Tabulation Sheet
Bid Opening Date: August 31, 200010:00 a.m.
Bid Item: Mclellan Reservoir Fencing
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Vendor Bid Bond Warranty Amendments -3 Total Bid Exceptions
STEEL LOCK X X X $36,691.00 NONE LISTED
5208 ADAMS STREET
DENVER, CO ,0211
AJI FENCE, LTD X X X $47,830.00 NONE LISTED
Nt E. NTH AVENUE
DENVER, CO I022t
SPLIT RAIL FENCE X X X $43,995.00 NONE LISTED
lot5 BRANDON DRIVE
LITTLE, CO 10125
METRO FENCE X X X $44,542.00 NONE LISTED
117<U TELLER
BROOMFIELD, CO 10020
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Date
October 2 , 2000
INITIATED BY
Utilities Department
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COUNCIL COMMUNICATION
Agenda Item
1lcili
Subject
North Reservoir Drain
Modifications Agreement for
Engineering Services
STAFF SOURCE
Stewart H. Fonda , Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None .
RECOMMENDED ACTION
At the September 19, 2000 meeting the Englwood Water and Sewer Board recommended
Council approval , ~. of the Agreement for Engineering Services for the North
Reservoir Drain Modifications .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The North Reservoir is an 80 million-gallon raw water storage reservoir connected to the Allen
Filter Plant. When the North Reservoir is drained , some stored waste solid residuals may be
discharged to Big Dry Creek , which violates National Pollutants Discharge Elimination Permit
Standards {NPDES). It is proposed that lntegra Engineering be retained for a new hydraulic
structure to be constructed at the existing outlet pipe discharge headwall to capture waste
solid residuals released from the North Reservoir . The structure would be constructed
adjacent to Big Dry Creek and west of South Windermere Street.
A manual gate would allow water drained from the reservoir to either be diverted to Big Dry
Creek or to the existing pumping station at the Allen Plant. In turn , the existing pump station
would transfer the waste solid residuals to the existing 13 million-gallon wastewater storage
reservoir at the treatment plant site .
FINANCIAL IMPACT
The lntegra Engineering Agreement is for estimated engineering costs of $19 ,784.00 for
design services and $7 ,568 .00 for construction phase services . Total engineering costs shall
not exceed $27 ,352.00 without prior written consent. In the 2000 Utilities Budget, funds are
available under #09-03-31411 .
LIST OF ATTACHMENTS
North Reservoir Drain Modifications Agreement for Engineering Services
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. . . . . . . . . . . . . . • integra engineering
August, 31 2000
Mr. Bill McConnick
Utilities Operations Superintendent
City of Englewood
1000 Englewood Parkway
Englewood, Colorado 80110
450 Decatur Street . Denver . CO 80204
(303) 825-1802 Fax (303) 825 -2322
North Reservoir Drain '.\fodifications
Agreement for Engineering Services
Dear Mr. McCormick :
In response to your request, we have prepared a scope of work and cost proposal to design
modifications for the Nonh Reservoir at the Englewood Water Treatment Plant . This letter
presents a detailed description of the engineering services we propose , and an itemized cost
breakdown. For convenience. our proposal is formatted as a Lener Agreement that can be signed
to serve as a contract.
Project Description
The Allen Filter Plant operates the Nonh Reservoir, an 80 mill ion gallon raw water storage
reservoir . The North Reservoir has an 18-inch diameter overflow and 27 to 30-inch diameter
gravity drain that discharge to Big Dry Creek. The :-.Jorth Reservoir has been used to store waste
solid residuals and recycle backwash water. When the North Reservoir is drained. some of the
stored waste solid residuals may be inadvertently discharged to Big Dry Creek .
The City of Englewood plans to modify the reservoir drain system to cap tu re waste solid
residuals released from the North Reservoir. A new hydraulic structure will be constructed at the
existing outlet pipe discharge headw·all adjacent to Big Dry Creek west of South Windemere
Street. A manual gate installed on the new hydraulic structure will allow water drained from the
reservoir to either discharge to Big Dry Creek or be diverted to the existing in-plant wastewater
pumping station . The existing wastewater pumping station will transfer the waste solid residuals
to the existing 13 million gallon wastewater storage reservoir at the treatment plant site .
Scope of Engineering Services
lntegra Engineering shall plan and design modifications to
hydraulic structures on the existing North Reservoir drain.
comprise and are limited to those specifically set forth below.
the ex1stmg outlet piping and
Planned engineering services
~-PRACTICAL SOLUTIONS . . . . . . . . . . . .
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Mr. B. McCormick August 31, 2000
Task 1 Project Management. Plan and coordinate engineering activities, assign and
supervise project staff. monitor budgets , administer subcontracts , and prepare monthly invoices.
Maintain project files of final design calculations. reports , memoranda. project correspondence,
and other project documents. Periodically discuss project development and key design issues
with City representatives . Submit engineering drawings and specifications to the City for review
and comment.
Task 2 Data Acquisition and Evaluation. Meet with City staff to obtain and discuss
existing project information and addit ional documents that may be needed . Review and
summarize existing data and information needed for the project, including :
• Site maps with topograph y. drainage. and flood plain information
• Drawings of existing structure s. incl ud ing building ele\·ations
• Existing propeny lines. easement s an d ri ght-of-way s. location of utilities. and roads .
Task 3 Wetlands 404 Permit. Prepare an appli cation for a Corps of Engineers 4 04
Permit required for construction in the wet land area surrounding the existing drain pipe discharge
structure . The application will be de\·el o ped to o btain a national (generic ) penn it applicable to
small projects that disturb less than 0 .5 acre s of wetland area .
Task 3 Hydraulic and Structural Design. De velop site plans showing the location of
new facilities and modifications of existing fac ilities . Verify that the hydraulic components,
piping , and drain system will convey hydrau lic loads at rated capac ity . Design new piping.
weirs , isolation gates. and associated hydrau lic struc tures to all ow gravity discharge from the
Nonh Reservoir to Big Dry Creek or to manuall y divert the di sc harge to the ex isting wastewater
pumping station . Verify that the existing wastewater pumps have sufficient capac ity to pump the
quantity of water released from the Nonh Re sen·oir.
Design structural components for the new d iversion structure incl uding foundations , reinforced
concrete, stairs , grating, hoists. and other lo ad bearing compone:its . Structural design shall
conform to the Uniform Building Code (CBC) and othe r loca l building codes and regulations.
Task 4 Opinion of Probable Con struction Cost. De \·elop an est imate of probable
construction cost for the project under avera ge co mpet itive bidding conditions . Cost data used to
develop the estimate may include pu b lishe d h istorical data. quotes from manufacturers and
vendors , and actual construction co sts fr o m similar projects . The opinion of probable
construction cost shall not be construed as a guarantee that actual construction contract bids will
be below the estimated amount.
Task 5 Plans, Specifications, and Contract Documents. Engineered drawings ,
specifications, and contract documents \viii be developed for competitive bidding and
construction. Drawing electronic files shall be in AutoCad format . Specifications shall follow
the Construction Specifications Institute (CS!) format. Coordinate work products such that
drawings and specifications are consistent and clearl y define construction requirements .
North Reservoir Drain Modific31ions Page 2
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Mr. B. McConnick August 3 I, 2000
Submit final contract documents the Colorado Department of Public Health and Environment for
review and approval prior to construction. Two sets of full size record drawings bearing the seal
and signature of a Colorado Registered Professional Engineer shall be provided for City records .
Task 6 Bid Phase Assistance. Print 20 sets of Contract Documents for distribution to
City and qualified bidders. Schedule and conduct a pre-bid conference and tour of the existing
facility . Receive and respond to questions from bidders concerning clarifications and
interpretation of the plans and specifications. Prepare and issue up to 1 addenda prior to the bid
date to respond to bidder's questions, and incorporate clarifications and interpretations into the
Contract documents. Evaluate bids and prepare a recommendation to award contract.
Task 7 Construction Management. Prepare and respond to proj ec t correspondence.
track and file documents , and review Contractor pay re que sts . Re ce ive and respond to written
informat ion requests regarding clarification of design and unkn own o r change d sit e conditions.
If needed . prepare supplementary wTitten descript io ns. sk etches. o r drawin gs to de fi ne
modifications needed to suit field conditions . Review test report s. man ufac turer's produc t data
and similar information submitted by the Contrac to r fo r sub stan tial co nfo rmanc e with the
Contract and design intent. If requested by the Contrac to r. re \·i ew p roposed substitutions of
equipment and material.
Review the contract schedule to ensure timely progres s. Document co nstruction progress and
verify Contractor's monthly estimates of percent completi on. Ass es s the validity and cost of
change orders. time extensions, and claims . Recommend necessary ac t ions by the City including
authorizat ion of change orders, schedule modifications. and payments to the Contractor .
Task 8 Site Meetings and Construction Obsen·ation. Pro vi de inte:mittent observation
of construction work to verify compliance with contract specificatio ns and desi gn intent .
Frequenc y and duration of on-site construc tion observation will vary wi th construction progress.
Conduct periodic meetings with the contractor at the site to re vie w construction progress and
resolve construction issues. Site meetings will be held on an as needed bas is . A total of up to 6
meetings and site observation trips will be held includin g a project Pre-C onstruction meeting,
and final inspection .
Services Not Included. The Scope of Engineering Sen·ice s and p roj ec t fe es do not include the
following services :
• Wetlands 404 Permit . If the area of proposed construction along Bi g Dry Cre ek impacts an y
threatened or endangered species, an evaluation o f en v ironmental impact s at th e site and a
mit iga tion plan may be required . These elements are not in cl ud e d in the Scope of
Engineering Services .
• Sun·eying . The City will furnish existing site maps including topograph y and horizontal and
vertical control to be used as the basis for design .
Nonh Reservoir Drain Modifications Page 3
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Mr . B. McConnick August 31. 2000
• Geotechnical Investigation. The City will provide existing geotechnical reports developed
for the existing reservoirs, flood control embankments, and filtration plant.
• Permit fees . Fees for permits or other applications will be paid by the Owner.
• Electrical and Instrumentation.
Compensation
For the services described in the Scope of Engineering Services. /nregra Engineering shall be
compensated based on hourly billing rates plus expenses incurred directl y for the project
Expenses incurred for the project shall be billed at actual cost plus IO percent. Estimated le vel o f
effort and total costs for services provided under this Agreement are summarized in Table I.
Hourly billing rates are itemized in Table 2 . Estimated engineering costs are $19.7 84 .00 for
design services and $7,568 .00 for construction phase services . Total engineering costs for all
ser\'ices provided under this Agreement shall not exceed $27,352 .00 without prior \vrirte:i
consent of the City .
Table I Estimated Level of Effort and Project Fees
Task Description Estimated Effort. Hours Expense I Total
Engineer I CADD Admin Total Fees
I Project \lanagement 16 4 8 28 200 2.3 9:
2 Data Aquisition 8 24 32 2.0 72
3 Wetlands 404 Permit 24 8 32 2 .504
4 Hydraulic & Structural Design 48 84 132 8.952
5 Construction Cost Estimate 8 8 68 0
6 Construction Documents 16 8 4 28 900 3 .18J
Design Subtotal 120 128 1 12 1 260 1.1001 19 ,784
7 Bid Phase Assistance 16 4 20 1,50 0
8 Construction Management 24 8 8 40 100 3.124
9 Construction Observation 24 8 ~., .,_ 20 0 2.944
Construction Subtotal 64 1 16 12 1 92 300 7 ,56 8
Project Total 184 1441 24 1 352 1,4001 2 7 .35 2
Table 2 Hourh· Billing Rates
Category Hourly Billing Rate . Category
I
Hourly Billing Rate,
dollars dollars
Principal Engineer 105 .00 Senior Designer 65 .00
Engineer IV 95 .00 CAD Designer 58 .00
Engineer III 86.00 CAD Operator 48.00
Engineer II 75.00 Administrative 45 .00
Engineer I 68.00
Nonh Reservoir Dr.iin Modific.itions P.ige 4
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Mr. 8 . McCormick August 31, 2000
Authorization
When signed by a designated representative of the City of Englewood and Inregra Engineering,
this letter constitutes an Agreement authorizing lntegra Engineering to perform the work
outlined in the Scope of Engineering Services. This letter Agreement and the attached Terms
and Conditions become the agreement governing services for the project .
Sincerely,
City of Englewood
s,.....,,. Mdr.J e. Wf Signature : ____________ _
Printed Name : Michael P. Lutz. P. E. Printed Name : __________ _
Title : __________ .._P.,_.,ri...,n~ci,..p=al Title : _____________ _
Date_: _______ A-u_.gu=s~t-3~1-, 2-0~0_0 Date : _____________ _
attachments
Nonh Reservoir Drain Modifications Page 5
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Iate,ra Eaihleerhlg
Terms & Conditions
I. PROFESSIONAL RESPONSIBILITY lntegra Engineering (Engineer) is employed to
render a professional service using that degree of care and skill ordinarily exercised by and consistent
with the standards of competent registered Professional Engineers under similar cond itions .
In performing construction phase engineering services, Engineer shall act as agent of the Client.
Engineer's review or supervision of work prepared or performed by other individuals or firms
employed by the Client shall not relieve those individuals or firms of complete responsibility for the
adequacy of their work . Resident engineering or inspection provided by Engineer does not const irure
any form of guarantee or insurance with respect to the performance of a contractor. Engineer assumes
no responsibility for methods or appliances used by the contractor. for construct io n safety. or for
compliance by contractors with applicable laws and regulations.
Il. BASIS OF AGREEMENT When executed by Client. the Agreement. with these Terms and
Conditions incorporated, shall constitute a binding agreement (here inafter the "'Agreement") on the part
of both Client and Engineer. This Agreement represents the entire understanding of Client and
Engineer as to those matters contained herein. No prior oral or wrinen understanding shall be o f any
force or effect with respect to those matters covered herein . This Agreement may not be modified or
altered except in writing signed by both parties .
The duties of Engineer shall not be construed to exceed those services specifically defined in the
Agreement . Additional services requested by Client may be added to this Agreement by written
amendment. The parties recognize that time or circumstances may preclude \.\Tinen amendment prior
to initiating or completing such additional services. If requested by Client to proceed with additional
services prior to executing a \.\'ntten amendment to the Agreement. Engineer shall be entitled to
additional compensation consistent with the terms of the Agreement. Engineer shall be promptly
notify Client when the charges for such additional work are determined by Engineer. and both parties
agree to execute a written amendment authorizing the additional compensation .
III. PAYMENT Payments to Engineer are due within 30 days after the date of billing . Interest
on an unpaid balance will accrue beginning on the 31st day at the rate of 1.5 percent per month or the
maximum interest rate permitted by law, whichever is less . Such interest is due and payable when the
overdue payment is made.
IV. INSTRU:\-IENTS OF PROFESSIONAL SERVICE Calculations. drawings , technical
specifications. reports. computer files and other materials prepared by Engineer are instruments of
professional service. All instruments of professional service developed for the Project under this
agreement shall be the property of the Client when Engineer has been compensated as set forth herein .
The Client may use the instruments of professional service developed for the Project for reference and
documentation. The Client may, at it's own risk, use information contained in the instruments of
professional service, including electronic files of engineered drawings, for other purposes. If the Client
reuses any information contained in the instruments of professional service for any purpose other than
lntCll'3 Engineering Tcm'IS Mid Cunditiuns Page I
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BSOLUTION N03/..
SERIES OF 2000
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO
TN OPPOSITION TO PROPOSED CONSTITUTIONAL AMENDMENT 21. OTHERWISE
KNOW)I .AS 'TAX CUT lliOOO", ON THE NOVEMBER 7, 2000 STATEWIDE BALLOT.
WHEREAS, the voters of Colorado will consider proposed Constitutional Amendment 21 ,
also know as " Tax Cut 2000", on November 7, 2000 ; and
WHEREAS , if Am e ndm e nt 21 were adopted, it would impose automatic, multiple , and
p ermanent tax cuts and in ever -mcreasing amounts each year in perpetuity; and
WHEREAS. if Ame ndme nt 21 were adopted, the total r e venue loss to local governments
is estimated by Legisla tive Co uncil to be $169 million in the first year, $580 million in 2002
a n d $892 million in 2003 ; a nd
WHEREAS , if Am e ndme nt 2 1 were a dopted. the revenue lo s to the City of Englewood is
estimated to be $6.000 ,000 initia lly, with increasing reve nue losses thereafter: and
WHEREAS, Amendme nt 21 tax cuts would apply to a broa d -range of taxes and fee s
imposed by the City, the county, school district and s p ecial di tncts that provide important
and necessary services to r esidents of Englewood ; and
WHEREAS , these e ntities include Arapahoe County. Englewood School District and
various water and sewer di stricts that provide services t o Englewood citizens; and
WHEREAS, if Am e ndment 21 were adopted , the City of Englewood is likely to be forced
to curtail, reduce and potentially eliminate services that protect the public health and safety
and that ensure our quality of life ; and
WHEREAS, passage of Amendment 21 could limit Englewood's ability to continue
existing levels of services a nd programs s uch as fire and police services, park maintenance.
re creation programs . water a nd sewer sen;ces, street re pair and pothole patching, library
h ours and purchase of m:nenals : a nd
WHEREAS. passage of Ame ndment 2 1 could a ffect Engle woo d's ability to fund general
pub lic services. park co n struction , rehabilitation of blighted areas, public s afety equipment
replace m e nt a nd purchase a nd t echnology upgrades and rep lace ments : and
WHEREAS. a "NO' vo t e on Amendment 21 would help pre erve current funding of local
se r v ices on which our cni ze ns depend; and
WHEREAS , a "No" vot e on Amendment 21 would protect Colorado's quality of life by not
;eopardizing fundin g for n ta l transportation, public safety , ambulance and hospital. park
a nd recreation , education. library and other services on which our citizens rely ; and
WHEREAS. a "No" vote on Amendment 21 rejects mandatory tax cuts, state-wide,
de ·pite our local citize n s ' inte r ests in continuing existing or developing new or expanded
se r vices : and
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WHEREAS , a "No" vote in no way disturbs the citizens' current control over governmental
re ve nue and spending through t he voter-approved provisions of the 1992 Taxpayer's Bill of
Rights (TABOR) and the existing limitations; and
WHEREAS, the Colorado Fair Campaign Practices Act, at C.R.S. 1-45-117(1)(b)(IIl}(A)
authorizes this body to adopt a resolution taking a position of advocacy on any statewide
ballot issue; and
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT:
Sectjop 1. The City Council of the City of Englewood , Colorado opposes the Amendment
21 because it would detrime ntal to services, programs and qua lity of life of the citizens of
Englewood , Colorado.
Sectjon 2. The City Council of the City of Englewood encourages its citizens to becom e
fully informed about all of the details of the Amendment a nd its effects on them , their
community and the State before voting on November 7, 2000 .
Sectjop 3. The City Council of the City of Englewood encourages its citizens to vote "No··
on Amendment 21.
ADOPTED AND APPROVED this 2nd of Octob e r , 2000 .
Thomas J. Burns. Mayor
ATTEST :
Loucrishia A . Ellis. City Clerk
I, Loucrishia A. Ellis , City Clerk for the City of Englewood , Co lorado, hereby certify the
a bove is a true copy of Re so lution No ._, Series of 2000 .
Loucrishia A. Ellis
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IBSOLtmON NO.nf),/
SERIES OF 2000 ~
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A ltBSOLtfflON OF THE CITY OF ENGLEWOOD, COLORADO, OPPOSING
STATEWIDE BALLOT ISSUE "AMENDMENT 24" ENTITLED CITIZEN MANAGEME T
OPOBOWTH.
WHEREAS, the Colorado Secretary of State has found that the proponents of
Amendment 24, "Citizen Management of Growth," have collected enough signatures to
present the measure to the voters on the November 7, 2000 ballot; and
WHEREAS, the Colorado Fair Campaign Practices Act, a t C.R.S . l-45-ll 7(l)(b)(Ill)(A)
authorizes this body to adopt a resolution taking a pos1t1on of advocacy on any statewide
ballot issue ; and
WHEREAS . Ame ndment 24 provides that development may only occur in '·Committed
Areas," "Growth Areas" (which must be approved by the voter s at a November election) and
within certain exception s; and
WHEREAS , Amendment 24 would erode local land u se co ntrol; and
WHEREAS , Amendment 24 would establish an ambi guous and complicated land use
regulatory system : and
WHEREAS , Amendment 24 would be extremely costly a nd difficult for the City of
Englewood. Colorado to implement; and
WHEREAS, Amendment 24 is unlikely to achieve the proponents stated goal of curbing
"sp rawl":
NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, THAT:
Sectjon 1. The City Council of the City of Englewood, Colorado hereby formally expresses
its s trong opposition to Amendment 24 , entitled "Citizen Management of Growth" and
encourages its citizens to beco me fully educated on the issues surrounding this initiative, as
we ll as all other proposa ls that may app e ar on the ballot a t the statewide election on
November 7, 2000 a nd t o e xerci se their right to vote .
ADOPTED AND APPROVED this 2nd of Octobe r , 2000 .
Thomas J . Burns, Mayor
ATTEST :
Loucrishia A. Ellis. City Clerk
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I , Loucrishia A. Ellis , City Clerk for the City of Englewood , Colorado, hereby certify the
above is a true copy of Resolution No._, Series of 2000.
Loucrishia A. Ellis
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