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2000-03-20 (Regular) Meeting Agenda
~·· • • - March 20 , 2000 ENGLEWOOD CITY COUNCIL Regular Meeting .. ' . ... 0 /' • ORD # ~ -·· • ~·"-'. • - Englewood City Council Regular Meeting March 20, 2000 y{, 1/• 13, 14, 15, 16, 1 7, 18, 19 ' RESO # 38, 39, 40, 41, 42, 43, 44, 45, 46, 47 • -----------.. --- . ' .. '\ ~ • 0 .. • 0 0 I • 0 3 X • • -• I . Call to Order • • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session !\larch 20, 2000 , . The reg ular meeting of th e Eng lewood C it y Co un ci l was ca ll ed to orde r by M ayor Burn s at 7:58 p.m. 2 . Invocation The in vocati o n wa s gi ven by Co un c il Member Na bh o lz. 3. Pledge of Allegiance The Pl ed ge of All egi ance was led b y Ma yor Burn s . 4. Roll Call Present : Absent : A quorum was prese nt. Al so Pre sent : 5 . Minutes Co unc il Me mbers Na bho lz. Graz uh s . G arre n . Brad,haw . Wo losyn. Yun:hi c k. Burns No ne C it y Manager Sears City Att orne y Brotz man Deput y Cit y C lerk Castle Recreation Se rvices Manager Hultberg Recreat io n Fa ci lit y S upervisor Leonard Planning T ec hni c ian Newma n C hief Building Offi c ial Smith Direc tor Ross . Publi c Wo rk s Ass istant C it y M ana ge r Fl ahert y Publi c In fo rm ati o n Offi cer Pun cere ll i (a) COUNCIL !\I EMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MARCH 6, 2000. Ayes : Nays: Abstain : The mo ti o n c arried . Counc il Me mbers Na bh o lz. Br ad shaw. Wo losyn. Yurc hick . Graz uli s. Burn s No ne Co un c il Me mber Garrett (b ) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MARC Ii 13, 2000. Ayes: Co uncil Member Nabho lz . G arre tt . Brads haw, Wo losyn, Yurc hi ck. Burns > I • 0 ] • • Englewood Ci1 y Co uncil March 20. 2000 Page 2 ays : Absiain: The mo 1i o n earned . 6. Scheduled Visitors .. ,. ~-· • • -•, o ne o un ci l Member Grazuli, Mayor Burns nmed 1ha11herc were a co uple o f ilems 1ha1 \\ere doubled up under 1h1> agenda 11c m .. ,n d al"' "'lh a prodama1ion under Agenda h em 8 . He s a ,d he wo uld be d o ing 1hem tugcthcr ,o th e ) \\1111 ·1 ha,c tc> be called up twkc. (a ) Dr. Roscoe Davidson wa s prescnl 10 accept a proc lamal io n ho nming h" rc centl ) rc~cn e<l Nati o nal D1 stmgu1shed Service Award. Mayo r Burn; as ked that Agenda ll em 8(a ) be mll ,·ed fn m ard. and he asked th e Deputy City Clerk to read the proclama11 o n in it, entirety. COUNCIL MEI\IBER BRADSHAW MOVED, AND IT\\' AS SECONDED, TO APPROVE TIIE PROCLAMATION HONORING DR . DAVIDSON FOR RECEIVI NG A DISTI NGU ISIIED SERVICE AWARD RECOGNIZING HIS I\IANY ACCOI\IPLISHI\IENTS. Ayes : Nays : The mo ti o n carried . C o uncil .Member abho lz. Garrett . Bradshaw. Wo losyn . Yurchil·k. Grazuli,. Burn;. No ne Mayor Burns said he iakcs per,o nal pleas ure m \\e lc o mm g Dr. Da\ld;nn bac k to o ur me e 1111 g . Th i, ,er) special man wa, Superintendent o f o ur ,-c hool d, tnct fo r t"cnty-thrcc yea"· he s:11d. and ha , rcall) distinguished himself. The kind , o f things that \\e h:n e he ard ,n 1h1 ;. prodamauon are. 111d ecd . th e kin d, o l 1hings that haw been ,a,d about h,m througho ut h1> caree r. Ma,o r Burns said \\e will m,ss him 111 th ,, position and wish h,m \\ell 111 h1> re tirement Th,; pmdamauo n ,s ,cry we ll deserved. he ;;ud . and a ,kcd for a big ro und o f applau,c for Dr. Da vid so n. Dr. Davidso n I hanked c, Cr)Onc and ,a,d he wo uld like to take J U>I a mmule to c,prc,, h" genu111 c apprec rnu o n for th" , Cf) th o ug htful gc,ture . AL"tuall ). he said . rcrng n111 n n o f th" kind bd11 ng , 111 mJn , peo ple and man y g ro up,. He ,a,d II ha, been h1> great plca,ure 11 , \\Ork 111 th1' co mmunll ) and \\Ith Englewoo d Public c hools. We ha, e accomph,hed a Int because o f the rno perauo n o f pare nt ,. thl' co mmunity at large . ,tudcnt s and a wond erful staff. lie ,a ,d he" pani ularl) grmeful to the ma yo r,. the city manager, and the ·11 y rn un c ib tha1 have wo rked with th e ,chools o ver th e ye ar,. a, \\l'II '" the wonderful peo pl e o n the C,t y s taff. Together. a 10 1 o f fin e thin g, ha ve happe ned . he ;,a,d . and mu L"h mo re hes ahead . lie added 1hat ex c 1t1ng times are ahead fo r the Eng lC\\l)()d rnmmunit y. and th a n~ed e,cr)n ne for a ll lhe y d o . (b ) The Eng lewood High Sc hool Cheerleader were pre ,cnt 10 accept a prodam:ttllm ho no ring !heir win al 1he Sla te C o -cd Cheerleading C hampio nship. Ma yo r Burns as ked that Agenda hem S(b) be moved forward . and he asked the Deputy Ci ty C lerk to read 1hc proclamat,on in ii, e ntiret y. COUNCIL I\IEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE PROCLAMATION HONORING THE ENGLEWOOD HIGH SCHOOL C HEERLEADERS AND CONGRATULATING THEM FOR BEING NAMED STATE CHAMPIONS AND OHERING OUR THANKS FOR REPRESENTING THE CITY OF ENGLEWOOD I N SUC H A POSITI VE LIGHT. Aye s : Nays : The molion carried . Co unci l Member Nab ho lz . Garre tt . Bra<l ,haw. Wolnsyn. Yurchick . Grazu li s. Burn, No ne • " . ) I • 0 • • • E ngl ewood City Counci l March 20. 2000 Page 3 .,,.-·· • • - .. .. ' Two o f rhe seni o r cheerleader, spo ke o n behalf of the squad. They thanked Council. and sa id the y were very ple,.sed lo represent Englewood High Sch ool and u ·s s pirit. The c heerleaders said the y were ho no red rhar Council recognized them and were especiall y thankful tha t ,·heerleadong was considered a s po rt and they were being recogni zed fo r the thing s the y d o . They thanked Cuun ~il for a ll rh e s uppo rt the y ha,e given. and al so the Englewood Herald for th e recognit ion th e cheerl eaders have recei ved . ••••• Mayor Burns asked that Age nda Item 8(c) be moved forward . A proclamation ho no ring the Parks and Recreati o n Aquatic Staff fo r winning the 1999 Sil ve r Aquari,· Safety Award was considered. Mayo r Burns asked th e Deputy Ci ty C lerk 10 read rhe proc la mat io n on us entirety. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE TIIE PROCLAMATION CONGRATULATING BRAD ANDERSON, KA THY WALLACE AND TII E ENGLEWOOD AQUATIC STAFF FOR THEIR COMMITMENT TO PROFESSIONAL EXCELLENCE AND DESIRE TO MAKE A DIFFERENCE FOR THOSE WHO FREQ 'ENT TIIE ENGLEWOOD AQUATICS FACILITY. Ayes: Coun ci l Member Nabho lz. Garren. Bradshaw . \V olo;,yn. Yurchi c k. Grazulis . Burns Nay s : No ne The mo ri o n carried . Present to accept the proclamatio n were Brad Anderson and Kath y Wallace. Mr. Anderson ,!Jted rhe~ were definitely accepting the proclamation for all of their staff. He thanked Counci l for th e or ,upport througho ut the years. without which thi s wo uld no t be poss ible . He al so th anked all of rhe rn11en, o f Englewood wh o co me and enJ oy the programs. pledging to continue th e program, for them . ••••• (c) Rec reation Services Manager Hultberg and Recreatonn Facility Supcn I ur LeonJrd introduced the Parks and Recreatio n Youth ·Advisory Counci l 10 C uy Coun c il. Mr. llult bcrg ad \lscd th at. approximately s ix mo nth s ago. they had a desi re to work mo re closely with the yo uth on ho pe, 1hc y wo uld give some go od input o n programs and facilities. A couple of mo nth s ago. they a,tuall y sel e,·ted the new playground equipment that is goin g into Ro to lo Park . He said he was reall y plea ed '"th ho " 11 \\as wo rking out. and they ha ve been reall y te rrific and are quality individual,. He ,aid Mr. Le rmard ha, been working closely with th em and he asked him to introduce the yo uth s . Mr. Leonard echoed Mr. Hultberg"s senti ment s about th e yo uth council. He advo,ed th at he "as pon,h hitting to night for Program Administrato r Jeni Rulo n wh o heads up th e youth rnun c1I. Mr. Lennard ,aid he has really e nj oyed the yo uth s " s upport . We never ha ve to worry about them being shy and s 11t1ng n n their hand s , he said . becau se the y di ve right in . They have giwn us so me valuab le onput thu , far. a nd we hope that continues. he said . Unfort unatel y. because of the weather. th ere are o nl y a few o f them here. he ,aid. but we wo uld lik e to introduce 1hem. Mr. Leonard introduced Nicho la s Nabho lz of Bi sho p Elementary School. R oy A nderson o f C la yto n E lementary Sc hool. Ashleigh Ede lm a n o f Flood Middle School. Kcl,ey Rans ick o f C herrel yn E leme ntary Sc hool. Jen na Armstrong of E ng lew ood Hi gh Sc hool and Keira Armstrong of Sinclair Middle Sc hool. Counci l Member Bradshaw said s he hopes they will continue lo sta y invo lved . and s he thanked th em for all the work th ey ha ve already done . • ' ) I • 0 - • Englewood C it y Co un ci l Marc h 20. 2000 Page 4 J• .• ~ ,,,,.-·· • • -' Ma yo r Burns asked fo r a ro und o f applause fo r th e Parks a nd RecreatJ o n Yo uth Adv isory Co un,·,I members . He expressed apprecia ti o n fo r all th eir service to th e communit y. adding th at Coun c il \\as very pro ud o f th em . (d ) Bill Clayto n fr om th e G reater Englewood C hamber o f Commerce was present to add re» City Council regarding th e Ci ty·s proposed creat ive ,ign code. Mr. C la yton sai d it was hi s plea sure to be here thi s evening on behalf o f the Greater E ng lewood C hamber o f Commerce. primaril y th e Governme nt Affairs Committee. whi c h tri es to meet wnh bu sinesse, and d1ffercn1 fo lk s througho ut the bu s ine ss community in Englewood and deal with iss ue , s uc h as the sign code. the s idewalk sale> and ,o fo rth . Mr. Clayton ad vised that th eir c hairma n. J im Reeves. could not be here th is evening . o therwi se he "ould be addressi ng Coun ci l. Mr. Clayton said thi s year he ha s the benefit o f bei ng the ,·o-c hair if the Chamber. and so it was hi s plea sure to be here. We ha,e g iven Coun ci l a letter wuh the Chamber, po int o f, 1e\\ n n the sign code, and we are reall y excited about th is s ign code overl ay projec t. he said . Mr. Cla)tOn ,a,d. 1n ,,ne o f hi s previo us lives. he ac tua ll y had a bus iness with a sign. a nd one February it b lew o ut 1n th e " ,nd ht the process of replac ing it. whi c h took about s ix weeks . it reall y does a 10 1 o f damage to yo ur bu,me,, A s ign is very important to a bu si ness. he said . T hese days . with all the di sc ussion we hear abo ut c - co mmerce. s igns ha ve never been mo re important to o ur me rcha nt s . That is j ust about th e onl) \\,I) the) have of communicatin g wi th their c ustomers. so the opportunit y to ha ve a more c reatJ ve ,ign "rcJII) exciting. and we sup port th at. he stressed . As we stated in o ur letter. we ha ve two recomm cndatJ o n, fm yo u. One is that yo u put a time limit o n the approva l process. As a new bu siness . "he n ,ou are tr yin g to get open, yo u reall y can no t ask yo urself if you want 10 gamble abo ut havi ng a sign o r not. If ,ou d o no t know how lo ng that process is going to la st . c hances are you will j ust go th e sa fe ro ute and put up a bonng sign . rather th an spend the mo ney. so we ho pe that you will cons ider that. he ,a,d. The o ther thin g ,s . the way the political wind s are here in Englewood. you just like 10 hope that. o nce yo u get th at apprO\ed . )OU will be able to keep it. Perhaps you could think about some wording in the int e nt la nguage o f the o rdin anl'e that s ays . if a perso n goes th rough this process. we think the y o ught to be able to l eep 11 a, lo ng as the ,,gn is mainta ined . and th e bu siness sta ys .in bus iness. From the C hamber of Commerce per,pcl'tl\C. 11 bear, repeating that retail sales tax is reall y the powerful engine o f Englewood·, pro,pcnt _. and o ur me rc hant, want to be able to continue to generate that sales tax and be that powerful engine. he ,aid . In ,·011.ludin g. Mr. Clayton said he had already give n Counci l some co mment s regardin g th e poss ibl e si de"alk sa le changes. He said he had a letter from their committee . Doug Cohn. o f Bo nnie Brae Hobby. o ne o f o ur new businesses in Englewood. could not be here th is evening. and a,ked Mr. C la yto n to g ive Coun c il a co py o f hi s letter. Coun c il Member Brad s haw co mm e nt ed that Mr. Cohn had me nti o ned earlier that he wo uld not be here . Ma yo r Burns thanked Communit y De vel o pment Direc tor Si mp son and hi s staff. who wo rked ve ry hard o n thi s sig n code overla y. We ha ve di sc ussed it before. he sa id . and it is gratifyin g to see th e bu si ness community supporting thi s effort. We ha ve seen so me demon strati o n, o f the kind s of s ign s we will see. and it is very exciting. he said . 7. Non-scheduled Visitors (a) Beverly C ummin s. 344 1 South Broadway. spoke regarding sidewalk sales . She recogni zed that Co un ci l said something about June . but ,he said she was thinking a long th e line s o f a Spring Fling in Englewood . She s uggested having it on May Day. and ha ving the sc hool c hildren help in celebrating. and ha ving their parents. friend s and e ve ryo ne do wn 10 help with a carnival. Ma ybe have a May Day dance down o n th e ,·orner there fr o m o ur s ho p. It is wide open and would go bac k int o th e parking lo t. too. If we wait unt il June . th e kid s will be out o f sc hool. She said s he th o ught maybe th e kid, could ha ve their lingerprints do ne. and have the sc hools s ponsor it fo r mo ne y-making projects . like a carni val. Maybe we could ha ve either Coke or Peps i donate po p and they could ma ke mo ney o ff o f th e sa le s that way, too . s he s ugge sted . Ms . C ummins also suggested a bake sa le. and may be a radio stat io n o r te le visi o n stati o n would come o ut and give us a little sup port . She thanked Coun ci l for li stenin g . • '· ' .. ~ ) I • 0 ]- • • • ,,,_ ... • • - Englewood Ci ty Co un ci l March 20. 2000 Page 5 8. Communications. Proclamations and Appointments Items 8(a), 8(b) and 8(c) were con,idered earlier. See Age nd a It em 6 -cheduled Vi ,11 on,. 9. Public Hearing (a) A Public Hearin g \\aS he ld to ga th er publi c input o n Cnun cil Bill No . 9. ame ndrn g 1he E nglewood Muni c ipal Code to reflect the name c hange o f Engle\\Oo<i"; C lean. Gree n Jnd Proud Commission to Kee p Englc"uod Beaut iful. COUNCIL MEMBER BRADSHAW MOVED. AND IT WA S SECONDED. TO OPEN THE PUBLIC HEARING. Aye,: Co un,·il Membe r abh o lz. Ga rre tt. Brads ha w. Wo lnsyn. Yurch,c k. Grazuh,. Burn , Nays : None The mo ti o n carri ed a nd the Publi c Hearing o pened. All persons giv ing te stim o ny were duly sworn . Planning Tec hni c ian Newman stated 1h;11 she works for the C it y o f E ng lewood Communi1 y De ve lnpmcnt Department and is ,taff 1,a i,on for th e C le an. Green and Proud Commi ;,ion. She ad, ,sed that 1h e fir.t readin g fo r the proposed o rdinance c hange s oc,urred o n February 22 . 2000. She ,ubm,tted Proof of Publicatio n o f the Noti ce o f Publi c Hearing. \\h1 c h appeared in the Englewood Herald o n February 25. 2000. M s. Newman ad vised that ,n 1990. Co unc il Bill No. 52 establi s hed 1he Keep America Bcau11ful Commi,sion. and Resol ut ion No . 56. Series nf 1991 aut horized the commission to u,e th e name C lea n. Green and Proud . One o f the proposed amendment s that 1s being cons idered to m ght. s he ;aid . cn1a1I, another name c hange. whic h ,·ha nge, the name o f the commi ss io n fr o m Clean. Green and Proud 10 Kee p Englewood Beautiful. The comm1 »ion 1; an affiliate o f Keep America Beautiful. ;he advi,ed . "h,c h nght now. under new leaden,h,p. ,s e nco urag,n g all affiliates to chang e their name, to the ··Ke ep Your Community Bcautifur· fo rmat. T he name c hange will mcrea se nati o nal re rng mti o n to Keep America Beautiful and al so draw attenti on to the collective efforts o f all affi li ates . Ms . 'ewman ;1d v1,ed th at the Commi ss io n also wanted to update other part s o f th e o rdinance. They wou ld like to c han ge th e term le ngth s fr o m four years to t\\O yc:ir;. The Comm,s,ion has a ve ry high turno ver rate. and believe, th at the proposed amendment wo uld red uce the turnover rate. making it easier fo r pe o ple to co mmit to a two yea r term than a four yea r term . Addiuunally. th e terms fo r th e c hair and vice-c hair \\Ould be reduced from two years to o ne ye ar. she said . F,nall). the propo,ed ame ndment , wo uld mak e ~ome adjustment s to th e Commi ssion·s duties. C un-entl y. th e ord mance 11 ;1, ,cry ,pecific duties . so me of which th e Comm i;s ,o n does not do . For example. o ne o f th e paragraphs req uire, h ,ung th e ,e,en ,ources of I mer. and doc, no t menti o n hazardous wa s te . which \\a, o ne of th e Com m,;,;,o n·s mn,t u11h zcd c,ents . The proposed amendments would re place th e specific duti es w11h wordi ng that ;111 0 ", mo re tl cx ,bilit y and permit s C lean. Gr.:en and Proud ac ti vi ty to c hange as the community needs chanpc . S umm ariz in g. Ms. Newman stated that the pro posed amendments in c rea ,e recognition with lhe Commi »ion·, affiliation to Keep America Beautiful . a nd also helps to reduce the high turn o ver rate . The amendments to the powers and duti e, section will nut have an effect o n the prog rams and activities th e Comm,,s,o n current ly offrrs . It will o nl y allow mo re fl exibi lit y in d e ,clo ping new programs . Mayor Burn, said no o ne signed up to s peak at th e Public Mear ing. I le in vi ted anyone who wi,hed to do so to come forward at th is time . There was no o ne wis hing to speak. Council Me mber Nabho lz agreed wit h the c hanges. rnmmenting that th ey were wi,e and benefi cia l. • ) I • 0 • Englewood City Council March 20. 2000 Page 6 ,,,-··. • • - .. ' COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO CLOSE THE PU BLIC HEARING. Aye : Cou nci l Member Nabh olz. Garrett . Bradshaw. Wolosy n. Yurchi ck. Grazu hs. Burns Na ys : one The moti on carried and the Publi c Hearing closed . I 0. Consent Agrnd11 COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED. TO APPROVE CONSENT AGENDA ITEMS IO(a (i) THROUGH M, IO(b)(i) AND (ii), AND IO(c)(i) AND (ii). (a) Approva l o f Ordinance s on First Read mg . (i) COUNCIL BILL NO. 12. I NTRODUCED BY CO NCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING THEM T AL SI I ARING OF CERTA I N EQU IPMENT BETWEEN THE C ITY OF ENGLEWOOD AN D OTHER C ITIES. ST ATE AUTHORIZED QUASI-GOVERNMENTAL ENT IT I ES O R SPEC I AL DISTRICTS. (ii) COUNCIL BILL NO. 16 . INTRODUCE D BY COUNC IL MEMB ER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AG REE M ENT BETWEEN THE CITY OF ENGLEWOOD AND THE ST ATE OF COLOR ADO. DEPARTMENT OF PERSONNEL WHICH ALLOWS THE CITY OF ENGLEWOOD TO PU RCH ASE SOFfW A RE FROM ST ATE NEGOTIATED SOFTWARE VENDORS . (iii) COUNC IL BILL NO. 23. I NTRODUCED BY COUNC IL MEMBER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGRE EMENT ENTITLED "U.S . D EPARTMENT OF THE INTERIOR U.S. GEOLOG ICAL SURVEY JOINT FUNDING AGREEMENT FOR WATER RESOU RCES INVESTIG ATIONS ." (i v) COU NCIL BILL NO. 27 . INTRODUCE D BY COUNC IL M EM BER GARRETT A BILL FOR AN ORDINANCE AUTHOR IZ ING THE VACATION OF W ATE R AND SEWE R EASE M ENTS LOCATED AT ENGLEWOOD C ITYCENTER. (v) COUNC IL BILL NO. 28 , INTRODUCED BY COUNCIL M MBER GARRETT A BILL FO R AN ORDINANCE AMENDING TITLE 8, CH APTE R 5. OF TH E ENGLEWOOD MUNICIPAL CODE 19 85 , PERTAINING TO MOVING ST RUC TURES IN THE C ITY OF ENGLEWOOD. COLORADO. (b) Approv al of Ordinances on Seco nd Reading . (i) ORDINANCE NO. 11 . SERIES OF 2000 (C OUNCIL BILL NO. 13. INTRODUCED BY COUNCIL MEMBER BRADSHAW) • ., . ' ) I • 0 ]-- • • -• Englewood Ci ty Coun ci l March '.W. 2000 Page 7 • • - AN ORDINANCE APPROV ING THE ACCEPTANCE OF TWO EASEMENTS LOCATED AT ~601 SOUTH SANTA FE DRIVE G RANTED TO THE C ITY AS PART OF A MINOR SUBDIVIS IO BY D UGGAN PROPERTI ES L.L.C. (ii ) ORDINANCE NO . 12. SE RI ES OF 2000 (COUNC IL BILL NO . I~. INTRODUCED BY COUNC IL MEMBER BRADSHAW ) AN ORDINANCE AUTHO RI Z ING AN I NTE RGOVER NM ENTAL AG REEMENT BETWEEN ARAPAHOE COUNTY AND THE C ITY OF ENGLEWOOD FOR THE PU RPOS E OF EXCH ANG I 'G GEOGRAPHIC DAT A . (c) Reso luti ons and Mo ti ons (i) PURCHASE OF AN ION C HROM ATOG RAP H FROM LACHAT INSTRUMENTS IN THE AMOUNT OF S35.0I0.00. (ii) C HANGE ORDER NO. I TO THE DESIGN CONT RACT WITH URS GREINER. IN CORPORATED FOR AN AMOUNT NOT TO EXCEED $393 .550.00. Vote results: Ayes : Council Member Nabho lz . Garre tt . Brads ha w. Wolo,yn. Yurchick. Grazulis . Burn s Nays: None The mo ti o n earned . 11 . Regular Agenda (al Approval of Ordinances o n First Reading. (i) C hi ef Building Official Smith presented a recomme ndat io n fro m th e Dc1 an ment o f Safet y Services. Building Divisi o n. to ad o pt a boll fo r an o rdinance amending Title 8-cA of the Englewood Muni c ipal Code (Building Code) to compl y wi th th e State o f Co lo rado·, s tandard,. The Deputy C it y C lerk read the coun ci l bill by titl e : COUNCIL BILL NO. I S. INTRODUCED BY COUNC IL M EMBER BRADSHAW A BILL FOR AN ORDINANCE AMEND IN G TITLE 8. C HAPTER 2A. OF HIE ENGLEWOOD MUNICIPAL COD E 1985. PERTAININ G TO TH E BUILDING CODE OF THE C ITY OF ENGLEWOOD. COLORADO . COUNCIL MEMBER BRADSHA \\' MOVED, AND IT WA S SECONDED, TO APPROVE AGENDA ITEM l l(a)(i) -COUNCIi. BILL NO. 18. Mr. Smith said these are the mo,t current models of th e Uno for m Code, avai labl e fo r the safes t building , we can put up in E ngle,Hiod. Coun ci l Member Brad,ha" a,~ed of "c had a contra,to r or any kind of an adv i,ory board fo r thi s . Mr. Smith said it wa, pretty mu,h a n on -house thing . goi ng through and tryi ng to clean up some of th e o lder a nd o utdated secti o ns o f Title 8 . lie ,a,d he received advice fr o m hi s peers in oth er j uri sdi c t ion, a, to -.hat issue s ha ve come up. why they adopted the ended and how they adopted fee ;,c hedules and s uc h . • ,. .. _.~ ) I • 0 - • • -• / . • t-• .. • - Englewood City Coun ci l March 20. 2000 Page 8 Council Member Bradshaw said she re members when there was a Building Code Advisory Comm11tec. which included contracto rs. so th ey could get input from the professio n. Sometimes if we do th is stuff in absentia. it can cause come pro blem s. too. She rec ogni zed that it was too lat e for thi s. but recomm e nded that. in the future . we use an advi sory board . Coun c il Member Nabholz agreed . Mayor Burn s asked if thi s also include s the c hange in th e permit fee s. Mr. Smith said yes. thi s waives 1h e sixty-five percent plan review fee fo r single family. owner-occ upied dwellings. Vote results: Ayes : Nays : Co un c il Member Nabholz. Garrell. Brads haw. Wo losyn. Yurchick . Grazuli s. Burns No ne The moti on carried . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEMS I l(a)(ii) THROUGH (,·i) ON FIRST READING . (ii ) COUNCIL BILL NO . 17 . INTRODUCE D BY COUNC IL M EMBER NABHOLZ A BILL FOR AN ORDINANCE AMENDING TITLE 8. CHAPTER 28 . OF THE ENGLE WOOD MUNICIPAL CODE 1985. PERTAINING TO THE MECHAN ICAL C ODE OF THE C IT Y OF ENGLEWOOD. COLORADO. (iii ) COUNCIL BILL NO . 19 . INTRODUCED BY COUNC IL MEMBER NABHOLZ A BILL FOR AN ORDINANCE AMENDING TITLE 8.C HAPT ER 2C. OF THE ENGLEWOOD MUNICIPAL COD E 19 85. PERTAINING TO THE PLUM BING CODE OF THE C ITY OF ENGLEWOOD. COLORADO. (iv ) COUNC IL BILL NO. 20, INTRODUCED BY COUNC IL MEMBER NABHOLZ A BILL FOR AN ORDINANCE AMENDING TITLE 8. CHAPTER 2 D . OF TH E ENGLEWOOD M UNICIPAL COD E. 1985 . PERTAINING TO THE ELECTKI CAL CODE OF THE C ITY OF ENGLEWOOD , COLORADO. (v) COUNCIL BILL NO . 2 1. INT ROD CED BY COUNC IL MEMBER NABHOLZ A BILL FOR AN ORDINANCE AMENDING T ITLE 8. C HAPTER 2E . OF THE ENGLEWOOD MUNICIPAL COD E 19 85. PERTAINING TO THE FIRE CODE OF THE C ITY OF ENGLEWOOD. COLORADO. ( vi) COUNCIL BI LL NO . 22. INTR ODUCED BY COUNC IL MEMBER NABHOLZ A BILL FOR AN ORDINANCE AMENDING TITLE 8. C HAPT ER 2F. OF THE ENGLEWOOD MUNI C IPAL COD E 1985 . PERTAINING TO THE CODE FOR ABATEMENT OF DANGEROUS BUILDINGS FOR THE C ITY OF ENGLEWOOD . COLORADO . Vote results : • ·--------- ' . • ) I • 0 • • -• Englewood City Council March 20. 2000 Page9 Ayes : Nay s: The mo tion carried. l • • ... • - Council Member Nabh o lz. Garrett. Brad shaw . Wo losyn. Yurchi ck. Grazuli s. Burns No ne (vii) Chief Building Official Smith pre sented a re co mmendati o n fr o m the Department of Safety Services. Building Division. to adopt a bill for an ordinance amending Title 8-1 o f the Engkwood Municipal Code so that it is appropriately numbered . Mr. Smith explained that. under Ordinance No . 7. Series of 2000. Chapter 7 wa s deleted . To keep everythin g in numeri cal o rder . the c hapter wa s pren y mu ch just renumbered. Ma yo r Burns asked if thi s wa s just a ho usekeeping measure . Mr. Smith respo nded affirmat i,ely. COUNCIL BILL NO . 25 . INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE RENUMBERING TITLE 8. C HAPTER I . OF THE El'\G LEWOO D MUNICIPAL CODE 1985 . PERTAINING TO THE DIVISION OF BUILDING AND SAFETY ADMINISTRATION OF THE CITY OF ENGLEWOOD . COLORADO. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 1 l(a)(vli) -COUNCIL BILL NO. 25. Aye s: Co uncil Member Nabh o lz . Garren . Brad shaw . Wo lo ,yn. Yurch,ck . Grazuli s. Burn s Nay s: No ne The motion carried . (viii ) C hief Building Offic ial Smith presented a rec o mmendati o n fr o m the departme nl of Safety Services. Building Di visio n. w ad o pt a boll for an o rdinam:e amending Title 8-3B o f the Englewood Muni cipal Cude ,o thal ii confo rm, tu the Stale o f Colo rad o·, mo,t re cent health standard , fo r swimming pools . Council Member Bradshaw asked if Park s and Re creation had an y input on thi s. Sh e said . sini:e th ey run our swimming pools , she thoughJ that would be a natural thong . Mr . Smith said he did not talk with th e m. as this is a State se1 of guidelines that any swimming pool many municipality in the state ha s 10 co mpl y with. In going thr o ugh Title 8. Mr. Sm11h found the la ,t o ne ad o pted was the 1973 set o f standard s. We found 1993 is the mo st current and brings e verything up Il l date a, far as poo l safety . Ms. Bradshaw said we are go ing 10 be deS1gnmg a new pool. Mr . Smith said a lot o f the regula1,o ns in 1h 1> reference document wo uld be used . COUNCIL BILL NO . 26 , INTROD UCE D BY CO NCIL MEMBER WOLOSYN A BILL FOR AN ORDINANC E AM ENDING TITLE 8. C HAPT ER 3B. OF TH E E NGLEWOOD MUNICIPAL CODE 1985 . PERTAINING TO PUBLIC AND SEMI -PUBLIC SWIMMING POOLS IN THE CITY OF ENGLEWOOD . COLORADO. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 1 l(a)(viii)-COUNCIL BILL NO. 26. Aye s: Coun cil Member Nabh o lz. Garren. Brad shaw. Wo losyn. Yurchi ck. Grazuli s, Burn s Nay s: No ne The moti o n carried . • ) I • 0 • • -• Englewood Ci t y Council March 20. 2000 Page 10 ' . .. ... ,. .,,,,.. ... ~ . • • -' " (ix) Direc tor Ross presented a recommendati o n fr o m the Department o f Public W ork s to ad o pt a bill for an ordinance approving Amendment #2 10 th e Int e rgovernment a l Agreement "i1h the Co lo rado De partment of Transportation fo r Constru ctio n o f Broadway Widening and Medians . Mr. Ross recall ed that lasi November he came before Council so liciting s uppo rt for Amendment # I 10 thi s IGA. As per their custo m. they require a C it y s ignature be fo re they o btain their own internal s ignature s . Mr. .. Ross emphasized the wo rding o n Amendment# I was theirs a nd no t o ur s . The State Anorney General s ugge sted revi ed wording that does a bener job of defining re spo nsibilitie s fo r admini strati o n a nd the constructio n contract. This also provi de s mo re det a iled projec t desc ript io n. so if yo u loved Amendment #I. he joked . yo u will reall y love Amendment #2 . COUN C IL BILL NO . 24. INTRODUCED BY COUNC IL MEMBER WOLOSYN A BILL FOR AN ORDINANCE AUTHORIZING THE .. CONT RACT AMENDMENT #2" TO TH E INTERGOV E RNMENTAL AGREEMENT BETW EEN TH E C ITY OF ENGLEWOOD. COLORADO AND TH E STATE OF COLORADO FOR THE USE AND BENEFIT OF TH E DEPARTMENT OF TRANSPORTATION (C OOT) FOR THE CONSTR UCTION AND F UN DING OF TH E PR O J ECT TO WIDEN AND C REATE MEDIANS ON BROADWAY BETWEEN U.S . 2 5 ANDY ALE A VEN UE IN THE C ITY OF ENGLEWOOD. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I l(a)(ix) -COUNCIi, BILL NO. 24. Ayes : Counc il Member Nabh o lz . Garrett. Brad s ha w. Wo lo;yn. Yurch ick. Grazulis . Burns Nays: None The mo ti on carri ed . (bl Approval o f Ordinances o n Second Reading . There were no additi o nal items s ubmined for approval on second read ing. (See Age nda h e m IO -Consent Agenda.) (cl Re solut ions and Motion s (i) Directo r Ross presented a recommendatio n fr o m the De partment o f Pu bli c Work s to approve a co ntract for constru,tio n of So uth Bro adway improvements . He adv ised that th e C'll ) advertised for bids fo r three weeks . On March 9 . 2000. we received fo ur bids. the lo w bidder bein g Conc rete Wo rk s of Colorado. he said and staff recomme nd s the C it y award thi s contract to Concrete Wo r~, fo r the base bid and add alternate number o ne. fur th e total of $3.228.699 .2 1. Colorado Department o f Transportation ha s reviewed the docume nt, th at Concrete Wo rks of Co lorado has s ubmitt ed a; part o f 1hcir bid package, and C OOT ha s indicated that. if the Ci 1y agrees to award. the y. too. will a pprove th is rnntr,1 c1. Mayor Burns comm e nted th at thi s is what we di sc ussed at Study Sess io n. COUNC IL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRACT •·oR CONSTRUCTION OF SOUTH BROADWAY IMPROVEM ENTS WITH CONCRETE WORKS OF COLORADO IN THE AMOUNT OF $3,228,699.21 . Aye s: Counc il Member Nabh o lz. Garren . Bradshaw. Wo losyn. Yurc h,c k. Grazulis. Burns Na ys : None The mo u o n carried . (d ) Assistant C it y Manager Flaherty presented a re commendatio n fr o m th e Ci ty Manager, Ofli,e to app rove a contract fo r re loca t io n to 1he ne w Ci\'k Cent er. Mr . Flaherty said th e re arc now eight y • . ) I • 0 J • • Englewood Ci1y Council March 20. 2000 Page 11 /' I • ,•' ~ • • -.. ... days unlil we move into 1he new c i1y hall. The recommended ac11 o n thi evening. he said. is to appro\'c th e contract with Broadway Mov ing and S1 o ragc in the am unt of SS0.8.i:!.00. In January. 1he C i1 y Purcha ,i ng Division issued a Request for Proposa ls for 1he C,v,c Center Rel oca1i o n Project. II was determined 1ha1 we would utilize RFP"s. rather than the standard bid. for several reasons. he advised. One. the s ize and complexuy of the move. panicularly with the Library. a s well as !he time constrain1 s o f the move. We are moving over a weekend. and the inlent is thal we close city hall o ne day o nl y. and mo ve o n Friday. Saturday and Sunday. he advised . We e stabli shed evaluati o n criteria for the RFP and a11cmp1ed to re view the proposals received in as o bjec tive a manner as possib le . Cos1 was no 1 the sole deiermining factor. he said. although it was a fa c 1or. In add1t1on 10 co,1. we con,idered experience with similar size moves. particularly 1hose made over a con,trained period o f t ime. he said. library movi ng experience. the abilit y o f the mover 10 control cos!. the pri o r c laim s hi sto ry of the insurance company and the in surance pro vi . io ns . We will be providing a gap in s ura nce for anything o ver the amount the carrier provides . We al so had to take into account the maximum amo unt s offered by the mover . Mr. Flaherty stated that s ix proposa ls \\Cr e received prior to the due date. which was February 25 . 2000. T he Moving Vendor Selection Subcomm111ee o f our larger Move Commillee. was made up of representalives fro m the Ci1y Manager"s offi ce. he ,aid. Sue Bradshaw and himself. as well as Hank Lo ng . fro m the Library. Betty Goosman. fr o m Purchasi ng . and Susan Clark from Financial Services. Mr. Flaherty thanked these people for their participatio n. as 11 IOl\k a 101 of time lo do thi s . Ms. Goosman. he said . put in a lot o f lime in researc h and putting tngether th e in111al RFP . and the remaining members spent a consi derable amount o f time and several meeting, in conductin g the evaluation and making lhe final recommendatio n. After we recei ved the six pro po,:1l s. he continued. we narro wed 1he choices to three firms based on o ur preliminary analysis. 1hose being Bro ad"ay Mm 111 g and Storage . Cowboy Moving and Storage and Saint Vrain Moving and Storage . Each of these comp:1me , made formal presentatio ns to 1he selection co mmittee. and the committee made a unanimo us recommendatio n based o n several fact o rs . Bro adway Moving and S1orage has extensive experie nce" 1th large and compli cated move,. lh ey have a demo nstrated ability to make moves in a constrained penod o f time. based on !he references pro vided and our no1 o nly cheeki ng 1hose reference, but other move, 1ha1 they have conducted . Also. they utilize a specialty library mover, PS Installations. which has extens ive experience specifically '"th library and file move,. no t only in the Denver me1ropoli1an area . but al so in this region. Probably o ne o f the most 1mponan1 fact o rs wa s 1ha1 Broadway Mo ving and Storage provi ded us with a very high comfon le, el 1ha1 !he y could co nduct 1hi s move and do it based upo n the price estima1ed . In each of the pro posals . "e ,;ere info rmed that any is sues that arose above and beyond 1heir con1rol.1he City was liable for . We questi o ned each of the firm s tha1 we inlerviewcd in greal derail o n ho w they would control those cos1,. We were given the mos! leve l of comfort . he advised. by Broadway Moving and Storage. and it was primaril y 1hro ugh their process of doing a lo t o f pre-move planning with us. They will be working directl y wnh the mo ,e committee fro m th e time thal their contract is approved. through the move and post-move . he said . In addition. Broadway Movi ng and Storage had a low claim, rati o. and they offer 1he highest ins urance coverage for o ur cnntenl. Mr. Flaherty sa id , as indicated in the ordinance, the to tal cos1 o f the mo ve is $80.842 .00. The c it y hall and library move. o r I hat being paid by the General Fund . will be $75.442.00. which is wi1hin $400.00 of o ur initially budgeted figure . The U1ilities Department will pay $4.000.00. whi ch 1s the calculation by Broadway Movi ng and Storage for the cost o f moving the U1ilities Department. and 1he Credi! Union will pay $400.00. There is a comparison chart attached to the Council packe1s. thal shows some ke y c lemenls of each of th e proposals that were received. he said . Mayo r Burns said he really appreciated all the work Mr. F laheny was doing on 1hi s . He ,aid he no 1iced in the newspaper tha1 Lakewood made a simi lar move on Friday. He suggested lhat Public In forma ti o n Officer Puncerclli contact them for informatio n about how it went. M,. Puncerelli said she was plannin g 10. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE A CONTRACT WITH BROAD\\' A Y MOVING AND STORAGE FOR THE RELOCATION OF CITY HALL OFFICES AND THE LIBRARY TO THE CIVIC CENTER I N THE AMOUNT OF $80,842.00. • ' . . ) I • 0 • -• --. • • - Englewood Ci ty Council March 20. 2000 Page 12 Ayes: Na ys: Cou nci l Member Nabho lz. Garrett . Bradshaw. Wo losyn. Yurchi c k. Grazulis. Burn, No ne The mo ti o n carried . 12. General Discussion (a) Mayor's C hoice (1) Mayo r Burns said we have a drawing for Dinner and Dial o gu~ with Council. Public In fo rmati o n Officer Puncerelli co nduct ed th e dra" ing . She advi sed th at. as part o f the Eng lewood 2000 campaign. it was decided there sho uld be some fun thing s to d o 10 c rea te co mmunit y s pirit and celebrate Englewood . It wa s decided th at Dinner a nd Dial o gue with C<>unci l wo uld be fun . so peo ple were asked to enter the drawing . Tonight we are goi ng to ho ld th e drawing. ,he ,ai d. and "e have fo ur e ntn e,. The dinner w,11 be o n Monda y. April 2-1 '". at 6:00 p .m .. and th e City is go in g to caler the dinner . It wil l be a c han ce for the Counci l and Ci ty Manager to get to gether with the winning ho use ho ld and so me o f the neigh bors. ho wever man y they would like 10 invite . and talk about C n y iss ues and programs. C ,t yCe nter . and that kind o f thing . she advi sed . The winner. drawn by Ms. Puncerelli . "as Diane Beaver. 713 East Amherst Place. Engl ewood . (ii ) Ma yo r Burn s acknowledged that Traffi c E ngineering Analy,t Ladd Vo;,tr~ would be receivi ng a very ni ce award fr om Denver Re g,ona l Cou nc il o f Governments. a distingui shed ;,ervice award . It is a very nice recogniti o n. he said. and Mr . Vo,1ry ha, done )Co man ·, \\Ork o n our ,1rce1, and traffic coordinatio n. (iii ) Mayor Burn, noted th at ThurM!a y. al 5 :30 p .m. al th e Marnn n Sou1hea,1. th e Mino ru Ya s u, Award is going to be awarded to Perk,e Allen for all the ni ce thing , ,he has done O\er an amazing number of yea rs fo r the Ci ty of Englewood If an~one \\O U Id like to rnme to that. II is al the Marri o n So utheast . he said . o pining that Ms . Allen w()uld appreciate tt if a, man) people a, possible \\OUld come o ver and re cogni ze her for that. (iv ) Ma yor Burn s commented o n the nice letter fr o m Damd Ha;~ell. an attorney wh o use s o ur rec reation center . h was a very complimentary letter o n Mi c helle Smn h. he sa,d . (v) The So uth Metro Chamber Eco no mi c Development Council is ha , 111g :, breakfast o n Thursday mo rning at Hud so n Garden, at the inn . Ma yo r Burn, ,aid he wo uld be participating as a panel member o n th e Southwest Corridor Light Rail di,c uss io n. They are do ing that for w uthea,1. a, well , somet ime in the future . he said . (vi) Mayor Burns said there were lett ers in the Coun c il packet that were se nt to members o f the State Legi s lature regarding Se nat e Bill 182. which would add another la ye r of gove rnment over RTD and do various thing s that so me of us in th e Metro Mayo rs · Cauc us did no t think were in o ur best interest. This wa s actu a ll y pushed by COOT. and if yo u understand the competiti o n between RTD and COOT. you would kno w where that wa s comin g from . He said he testified o n that bill before the Hou,e Trans portation Committ ee la st Wednesday. and spoke with Lauri C lapp and Nanc y Spence. wh o wa, a co- s ponso r in the Ho use . By th e time she got ro that meeting. they had taken all of the g,wernme nt', issue , o ut of the bill already. and the o nly thing left wa s the parti san e le ,·ti o n, and th e sa lari es. The commi tte e vo ted it down e ntirel y and then po,tponed it indefinitely . he ,aid . It reall y wa s j ust a power pla y. he added . (v ii / Ma yor Burn, related that he and C it y Manager Sears auended the Arapahoe Mayors and Managers breakfast Friday at Glenmonr Count y C lub . Cal Marse lla wa s the guest and answered a lo t of question, about RTD . There were a number of representatives there fr om th e Southeast Corrido r as well a, the Southwest Corrid o r. Ma yor Burn , said Mr . Marsella menti o ned that they were very • • ) I • 0 l . , • Englewood City Council March 20. 2000 Page 13 ,,-. • • -' concerned about parking in the Southwest Corridor when the line opens. which is what we ha ve been talking to them about for the last couple of year . They are acti,·el y leasing lot ,pace at places lake churches so that people will have places to park for the light rail. ant1c 1patin g the y arc going to have mo re demand than they can assume. He sai d the y needled Mr. Marsella about Oxford and Arapahoe Communit y College. so they are very aware that the y are probably going to ha,e a parking problem . ,o \\C enrnuraged him to really get serious about it. Mayor Burn, felt that City Manager Scars and ,taff \\11uld be con,ult1ng with him as to exactly where the lots are and how soon they can get th"m up and running 1f the) h:l\c to . We do no t want to have to police Oxford. he added . City Manager Sears sa id Mr. Marsella sent him a list o f some potential lots. but he felt they "ere ,till in negotiatio n. He did not feel they were that far along with it . and no ne o f them appeared to b" in Englewood , most ly o n the Sheridan border and o n the Denver Evans s id e . A, SO(>n a, \\C get informa110n about where the lot s will be for shuttle . we will get that informati on o ut to Cou nc il. he said . Mayor Burns sai d he mentioned to Mr. Marsella that. when the Rail -Volution com mittee came down 10 see o ur building. the y never got in it. He said if he had just known about that he would have stopped it immediately . He said the rule that the driver had to be back at their headquarters by five o 'clock wa, something he could have stopped if so meone could ha ve gotlen ho ld of him. Mayor Burns said he was assured that kind o f thing would not happen again. because that was really a si ll y incident. (viii) Mayor Burn s sai d the DRCOG Digests are really a good review o f what DRCOG does . they are quite well done . This reflec ts quite well what happened at the la,t meeting he anended o n March 15•h. (b) Council Members· Choice (i) Council Member Nabholz: I. She said thank you for the quick response o n the graffit1. There wa, a po,iti\"e re,po nse frum Mel at B&B Conoco. She said she received a ca ll from Steve Schalk . fro m the Gothi c . He tated that Dcnva Public Schools. the high sc hools. have pooled their mone} together to purc hase 500 ti let> The) are having a light jazz. alcohol free afternoon concert o n Apnl 2"". He ,aid he ha, been amazed that no o ne from Council has visited the Gothi c Theatre . Ms. Nabholz ;.aid ,he ha, been there se,eral lime,. but he extends an invitation. Mayor Wellington Webb has been invited to that . as "ell. M,. Nahholz felt that Council needs to band together and weko me o ur new bu,ine,,es . Mayor Burns said he was j ust thinkin g the other day that he had no t been there yet. M,. abho lz ,aid II is gorgeous . She felt we might want lo think about our Eng lewood kids do ing something . We have been looking for a place for the kids to hang . and she \\as no t ,aying thi s" ne cessanly 11 . but once in a wh il e. this is so mething we could do . 2. She said she received a letter fr om Ro bert No lan . He li ves near C harles Hay at 3000 South Corona Street. He said the runoff at Corona and Ogden from Charles Hay overwhelm s the storm sewers regularly and tloods down thro ugh there . He wo uld appreciate it if so meo ne would look at that and find o ut what the problem is . (ii ) Council Member Bradshaw: I . She said if we could take care of thi s then we would know who is speaki ng at the E nglewood Schools Career Fairs, and she said she would just turn in o ne li st . She sai d s he th o ught the y recei ved o ne at the Study Session. Council Member Wolosyn said she would go to one. Council Member Brads haw a,ked if anyone was going to Sinclair on April 6th . Council Member Grazulis re spo nded affirmatively . Counc il Member Bradshaw said she just thought it would be ni ce 1f we could settle it. M s. Grazulis also confirmed • --··~ .. --- ) I • 0 - • • • Englewood C it y Council Marc h 20. 2000 Page 14 ,. • • -.. Maddox o n the 7••. She sai d s he gets so muc h o ut of it. stating that the c hildre n have wo nderful ideas fc,r the redeve lo pment . Counc il Me mber W o lOS)n said she thinks thi s is where Counci l te ll s th em about th eir careers. Counci l Member Bradshaw said yo u tell them what yo u do as a career. She said she \\OUld d o Cherrelyn Elementary o n Wednesday the 12••. Ms. Grazuli s sai d she would d o C herrel yn as ,he ha, a c hild there. Ms. Brads haw said she would do C la)~O n o n the 14"'. Ms. Wo losyn ,aid she wo uld ltke to do Colo rado 's Finest Alternati ve High Sc hool and would put it d o wn tentati ve ly . Coun cil Me mbe r Yurc h1rk said he wo uld al so like to d o Colorado·, Finest Alternative High School. Coun c il Member abho lz ,aid she wo uld d o Charles Hay Elementary o n Thursday the 27 1 •. as well as Bi sho p o n May 3''. M ,. Grazult, said she is not positi ve. but s he may be able to do Bi shop o n May 4•h . Ma yor Burn, aid 1f the~ rnuld make up a li st . he would try to get in o n o ne o r two o f these if he can. but he wa s nOI ,ure about the ,ehedule nght now. Council Member Bradshaw said the y wanted to know ahead o f time . Mayo r Burn, said he understands . 2. She mentio ned writing the news letter me ssa ge fr o m C ity Coun cil. S he sa id M,. Grazuli, ha, kindl y consented to meet the deadline fo r April. and the o ther mo nth s are o pen . S he in, li ed th e membe rs of Council to pick a mo nth to write an article. Council Member Wo losyn said she wo uld take June . Council Member Yurchi k said he would d o December. Council Member Garrett J1d he \\o uld ha,e 10 wait and see . Council Member Nabho lz said she wo uld tak e Jul y. Mayor Burn, took Augu,1. C H) Manager Scars said he wo uld d o o ne. Ms. Bradshaw said at lea st thi s 1s a ;,tan. as ,he hate, 10 Ica,e i.ta ff in a bind. 3 . City . S he o ffered kudos 10 Ladd Vo,tr y. She said he 1s a fun e mpl O)CC and does a g0<>d Job lnr o ur 4 . She asked Council for some kind of conse nsus that Miller Weingarten mus t no 11fy o ur ,taff 1f any changes arc made in the footpnnt of the pl a n at CH)Center Eng le wood. Counc il Member Garrett said th e footprint is the same.just that they did no t put wall, up . M,. Bradshaw ,aid \\e need 10 ren n . then . \\hat a wall is. and -.hat a s pace is. She sa id she wa very embarrassed at the Stud y Session to nig ht becau,e we were caught with egg o n o ur face . We did not know what he wa s talk mg about. a nd if Coun ci l Member Grazulis had not happened there. we n.:ver would have known . 5 . She said ,he did not fee l Coun ci l had given Code En~ ircement a proper di,cu,sion. We heard what they had to say. but she wo uld like to ask them to come back to a Study Sessio n when there cnuld be a dialogue . There 3TC still some que,11 o ns. although we know their areas no \\. Mayor Burns sa id he wo uld like to have a little c han with those areas o n it. C n y Manager Sears sa id he asked Field S upervi sor Lynn to sta y here fo r a little bit o f time . Probabl y to ni g ht is no t th e time m lnok at that . but if there are c harts o r o ther types o f th ing s Counc il would like. he is here and cou ld pull th at together . Mayor Burns agreed that it wasn·1 quite fair. We were running over. he sa id . so we had their program later. Council Member Bradshaw sai d s he wanted the fo lk s who had waited to g ive presentation,. because th at i, ho rrible if they wait and then we have th em come ba c k another time . Council Me mber Nabholz said the Advisory Committee was able to re view that. and she said she wa, so impre ssed about what the y had put int o it and their success sto ries . Mayo r Burns said he was impressed o n how the y iden11fied those propen1e ,. They kno w them so \\ell . and they ha ve really worked o n cleanup and o n keeping after them. Council Member Bradshaw said it makes sense. and she j ust wanted to make ,ure a ll o f o ur ci ti ze ns are treated fairly . and that enforcement is uni fo rm . Of cour.e. she sa id . 1f your ne1ghbw turn , )OU in. it is no t • ,. . ., ) I • 0 • • -• Englewood City Council March 20. '.!000 Page 15 . ,. • -· • • -' uniform. bul hopefull y we can gel away fro m that third part y. and just go around and enforce 1he ordinances. 6 . Council Member Bradshaw menti o ned the Council Code of Conduct. She felt they s ho uld 1ake a look al making ,ome changes in 1hat. She said she would be bringing C o unci l some sugge,1ions for changes . (i ii ) Council Member Grazuli s: I . She expressed her thank s for being allowed to go to NLC. She . aid s he was ,·er) 1mpres,cd . a, was Mike Heberling. who wa looking at it through a youth"s eyes. and he wa, IOtally m a \\e of c er~thmg He was able to see some of the working things th at go o n in government when we went d o \\ n 10 1hc Cap11ol one day. and met with three aides. o ne from Nigh1horse Campbell. o ne from DeGene and o ne Imm ,'\llard . We actuall y did meet with Tancredo. and got to see a 101 of what was going o n. ,o tha1 \\a;, m1 erc,1mg. she said . We learned how to use the Melro. and 1he firs1 day it 100 k us an ho ur and fo n y-fi,e m111u1e, 10 ge t from our hotel 10 the meelings . The second day it took us forty-five minutes . so we learned II along the way. she said . Once you learned it. ii was wonderful . she said. and yo u co uld go JUSI about an)" here ~o u wanted to. Ms. Grazulis advised that her report would follow. She felt o ur presence wa, , cry 1mpo rtan1. because !hey have people from towns with populations from 152 to the size of Ne" Yo rk Cit)."' 11 " totall y diverse . She said ii was interesting 10 tell people about the TOD ',. because a lot of1 hem had no idea. and once they learned aboul ii. !hey wanted to e-mail back and forth because !hey want to kn o w mo re . She said she went to the Holocaust Museum. and if you ever wish to be humbled. yo u need to go . she sa id . h teaches about to lerance. which we should perhaps have a lo t mo re of. There wa, a bo mb ;care while we were !here . she said . and half the group !hat was in fro nt of us were shoved o ne way. and \\e were no t immediately to ld wh y we were delayed . Jus t the fac1 that there were 1hree of us going thro ugh 1he mu seum. and we did lose somebody and d,d not find them until the next day. made it mo re real. She recommended that anyone who has the opportunity sho uld go. 2. She offered kudos to Ladd Vostry for hi s award. 3. She said she wo uld be going to Perkie Allen 's presentatio n . 4 . She thanked Courn:il Members Bradshaw ;ind Garren for bringing her up o n thal ,pecial. with he r little memo. She knew she wa, no1 going lo get a vo le. but wanled her opinion heard . 5. She mentioned 1he Smart-Trailer placement . She no t iced tha1 there were zero smart irailer placement, in the la s1 mo nth o r 1wo . She asked if !here was a reason. such as the time o f year. She s ugges1ed Clarkson. Logan and aro und sc hools . A, lo ng as we ha,e them . let's use them. she said . 6 . She sa 1J o ne of the p1 iure s pre sen1ed by Code Enforcement regarding abando ned vehicle, was in fronl of her ho use . h \\as o ne thal she had turned in . and was no 1 hers . (iv ) Council Member Yurchick : I . lie !hanked Direc tor Black for hi, response. bul said he would like a linle more information . He asked if he could gel ;,ome Lind of a da y versus night comparison o n maintenance costs and a sc hedule o f !he days 1hc y are o ut 1here . 2 . He said when he and Coun.-il Member W o losyn went 10 1hc CML fini shing st·hool. he no ticed all of the c 111e, up there thal were members had pictures o n 1he wall. Not jus1 nne picture. bu1 also highlighl s and maybe a couple of linle pi cture, and a big one. and he felt it would be nice if Englewood did something like tha1. Maybe o ld Englewood. a linle pi c 1ure of Cinderella Ci1y . and a big piclure of !he Ci1yCenter when ii 1s done. he s uggested . • . ' ) I • 0 ·] • • • Englewood City Council March 20. '.!000 Page 16 i-. .. • . ./' . • .. • -' 3 . He said he would like to d o a po lice ride along sometime. City Manager Sears sai d he th o ught Mr. Yurchic k could just give Directo r Olson a telepho ne call when he was ready to go o ut. Friday and Saturda~ nights are good times to go o ut. he o pined . (v) Council Member W o losyn menti o ned a letter that s he wro te supporting a gra nt that Mary Vedra. the Curriculum Directo r for the school di strict. is tryi ng to get. Ms. W o losyn sai d s he had to ld her that what she could do was very limited. because she was a ci 11 zcn wh o is also a Coun ci lperson. City Manager Sears sa,d we would be staffing that through Community Deve lo pment and wo uld have someo ne in Director Simpson 's office coordinate that with M s . Wolo,yn. 13. Cily Manager's Report (a) City Manager Sears said it is a tremendo us ho no r for Mr. Vostry to be selected. and bo th the staff and Council are ,ery supportive of that. The awards banquet ,son April I ~·h. he said. and a s ked Council to let him know if they could anend. There will be ,everal peo ple there fr o m the Public Wo rk s Department to help recognize him. It will be at the Denver Center for the Performing Art s. he ,a,d. and \\e will probably get a table . Mayor Burns advised that o ne o f the rec ,p,ent, of the John Chnsllan,t•n A\\ard" Dennis Rc )n<>ld ,. thc former Mayor o f Linleton. "ho worked wuh u, tremendou,ly o n th e South\\e,t Corrido r Light Rall . I le was just terri fic to wo rk with. he sa id . (b ) C oty Manager Sear, said he spoke wuh Mayor Thornton when he was on Washington. D.C. and she verified that the L,fe Sciences Center is being considered at the Mineral sto p . which would be a shopping center to the wuth of that stop. In part. he said. that would create some competu,o n with what we are doing. She did not say what the timing was. and Council had no t seen it yet. but 11 is going to be considered in the near future , he advised . It could be tough for us. in part . but he felt if wo uld work . Mr. Sears said we are wo rking o n the sight . and everything is coming to gether. The steel is somewhat delayed for the bridge. but it i, o n its way. He said Engineeri ng Manager Kahm pro, oded an update o n the Center for Council to nit?ht. a Mr. Sears was o ut of to wn la st week. He sa id he kn o ", the staff continued o n . other than for our negotiations with Trammel and Miller. We have SC \'eral maJ Or issues to deal with and we are anticipating the plan s to be submined b y the end of this week to be re viewed by staff next "eek a nd presented to Council on April 3rd. he advised . We are ho ping they will meet all the g uideline, that we have . The construe.lion is. for th e most part, proceeding in a real pos iti ve fa,h,on. wuh Wal -Mart and th e improvements over there. he said . Counl'il Member Bradshaw commented that th ey ,ure arc fast. Mr. Sear, agreed . (c) City Manager Sears advised that th ere will be an annual staff retreat at the e nd of thi s week . We will be in Bo ulder for a day and a half. he sai d . There are so me is s ue ,. and \\e \\ant to get away fro m the pho ne s and ha ve better communicatio ns about some o f the City finances and p rojects that we have . (d ) He sa id there wo uld be no meeting next Mo nday night . and he would be gone for a couple o f days. He said Assistant City Manager Flaherty would be here. Council Member Grazulis a sked if City Manager Sears had a date for them to get together. He said. for the Counci l retreat . it would be May 6 ... We will put toget her an agenda. he said. but n will probably be like last year. We will go th rough three goa ls b y the department directors for thi s next year. focus o n th ose. and then we would like Council to spend some time talking about the issues and what focus the Coun,·il would • ' ' .. . , ) I • 0 • • Englewood City Council March 20. 2000 Page 17 . ... • • • like to see in the budget for this ne xt year. We would a lso lik e to do a walkthrough of the ci ty ha ll that day with Counc il and give an o pportunity to see where we are with th at. he said . 14 . City Attorney 's Report City Attorney Brotzman did not ha ve any matters to bring before Council. 15 . Adjoummrnt COUNCIL MEMBER NABHOLZ MOVED TO ADJOURN. The meeting adjourned at 9 : 15 p .m . ••••• " ', ) I • 0 3 I • • ~ ---~ • .. , • -' AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY. MARCH 20 , 2000 7:30 P .M . 1. Call to order. 7 :58fhrJ 2. Invocation . ),.}~ 3 . Pledge of Allegiance . li,l/llJ'l.o 4 . Roll Call. 1 ~ ~ Minutes0 t~ ~-ll'~inutes from the Regular City Council meeting of March 6 , 2000. 51.,,· • ~· &b ~~ "'""le' from th, Sp,d•I Ci~ C'""'" m.,,;,g of Ma,ch 13 , 2000 ,,.o· ~;to5cheduled Visitors. (Please limit your presentation to ten mi nutes.) il ~~ a . Dr. Roscoe Davidson will be present to accept a procla mation honoring his recently ~ ~,,,. received National Distinguished Serv ice Award . ~-i~~. The Englewood High School Cheerleaders will be present to accept a proclamation ~-n·~ 11it honoring their win at the State Co-ed Cheerleading Cha mpionship . 'J b JJAb ,,,.. .,c. ~lo Englewood Parks and Recreation Department staff will introduce the Park~ aAn~ /J _ •• _J1 /. Recreation Youth Advisory Council to City Council.~ I/~, ,M~ qi-~ Bill Clayton from the Greater Englewood Chamber of Commerce will be present to t./' d . address City Council regarding the City 's proposed crea tiv e sign code . 7. Non -Scheduled Visitors . (Please limit your £Wse!).lliti~n to fi ve minutes .) lwir ~ -~411/e_ ~ 8. Communications , Proclamations , and Appointments . -. Proclamation honoring Dr. Roscoe Davidson for re ceivi ng a National Distinguished Service Award . Proclamation honoring the Englewood High School Cheerleaders for winning the State Co-ed Cheerleading Championship . • ) I • 0 • • .,... . • ... • - Englewood City Council Agenda March 20, 2000 Page2 -;~,,. .-i,O ~ ~-c · 1 1 Public Hearing . ~~ ~ ..... a. A Public Hearing to gather public input on Council Bill No . 9 , amending the Englewood £~~ . ll.JY' Municipal Code to reflect the name change of Engle v:'°fd's Clean , Green and Proud i . . C)'.P" 'l ·O Commission to Keep Englewood Beautiful. /fan_,!J.M.Ylflll,,fJ ~~· Cooseat Ageada . a . Approval of Ordinances on First Reading . -i . _,,iv . )J. COUNCIL BILL NO. 12 -Recommendation fr om the Departments of Public Works and Parks and Recreation to adopt a bill for an ordinance authorizing the sharing of equipment between the City of Englewood and other governmental agencies . STAFF SOURCE: Ken Rosa , Director of Public Works. COUNCIL BILL NO . 16 -Recommendation fr om the Department of Financial Services to adopt a bil l for an ordinance auth orizing an Intergovernmental Agreement vvith the State of Colorado for purcha sing software from existing State software contracts . STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. COUNCIL BILL NO . 23 -Recommendation fr om the Utilities Department and the Littleton/Englewood Wastewater Treatment Pla nt to adopt a bill for an ordinance approving an Intergovernmental Agreement for Jo int Funding between the City of Englewood and the U.S. Geological Survey for two Gauging Stations . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. COUNCIL BILL NO . 27 · Recommendation from the Department of Public Works to adopt a bill for an ordinance approving the va cation of water and sewer easements at CityCenter Englewood. STAFF SOURCE: Rick Kahm. Capital Projects Manager/Director, Englewood Environmental Foundation. COUNCIL BILL NO . 28 -Recommendation from the Departm ent of Publ ic Works to adopt a bill for an ordinance approving an ame ndment to Title 8-5 of the Englewood Municipal Code pertaining to mo vi ng of structures . STAFF SOURCE : Ken Ross, Director of Public Works. b . Approval of Ordinances on Second Reading. i. ii . Council Bill No. 13, approving a Sanitary Sewer Easement and Emergency Easement for Duggan Petroleum . Council Bill No . 14 , approving an Intergovernm en tal Agreement vvith Arapahoe County for the purpose of exchanging geograp hic data . c . Resolutions and Motions . i. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve . by motion . th e purchase of an Ion Chromatograph . Staff recommends awarding the bid to the lowest technically acceptable bidder , Lachat Instruments , in th e am ount of $35,0 10.00 . STAFF SOURCE: Stewart H. Fonda, Utilities Director. PINN note: H you have a disability and need auxiliary aids or services, pl .... notify thll City of Englewood (303-762-2405) at lent 48 hours In advance of when services .,. needed. Thank you . • • I • 0 • ~ ,,-. • •· ... • - Englewood City Council Agenda MN"ch 20, 2000 Page 3 ii . Recommendation from the Department of Pub li c Works to approve . by motion . an amendment to the des ign contract for South Broa dway Improvements . STAFF SOURCE: Ken Ross , Director of Public Works . 11. Regular Agenda. , a. Approval of Ordinances on Firsl Reading. ,.. . JJ./J: =~ COUNCIL BILL NO . 18 -Recommendation from the Department of Safety ~ f)Ofr 'l £'· Services , Building Divis ion , to adopt a bill for an ordinance amending Title 8-2A of ,,,. the Englewood Municipal Code (Building Code ) to comply with the State of - f I Colorado 's standards. STAFF SOURCE: Lance Smith, Chief Building Official. I 11-- ..i i. iv . COUNCIL BILL NO . 17 -Recommendation fro m the Department of Safety Services . Building Division , to adopt a bill fo r an ordinance amend ing Title 8-28 of the Englewood Municipal Code (Mechanical Cod e) to comp ly with the State of Colorado 's standards. STAFF SOURCE: Lance Smith, Chief Building Official. COUNCIL BILL NO. 1 ·• -Recommendation from the Department of Safety Services , Building Div ision , to adopt a bill for an ordinance amending Title 8-2C of the Englewood Municipal Code (Plumbing Code/ to comply with the State of Colorado 's standards . STAFF SOURCE: Lance Smith , Chief Building Official. COUNCIL BILL NO . 20 -Recommendation from the Department of Safety Services , Building Division , to adopt a bill for an ordinance amending Title 8-20 of the Englewood Municipal Code (Electrical Code ) to comply with the State of Colorado's standards . STAFF SOURCE: Lance Smith, Chief Building Official. v . COUNCIL BILL NO . 21 -Recommendation f rom the Department of Safety Services , Building Division. to adopt a bill for an ordinance amending Title 8-2E of the Englewood Municipal Code (F,re Code ) to co mply with the State of Colorado 's standards . STAFF SOURCE: Lance Smith. Chief Building Official . . .vi . COUNCIL BILL NO . 22 -Recommendation from th e Department of Safety Services, Building Div1s1on , to adopt a bill fo r an ordinance amending Title 8-2F of the Englewood Municipal Code (Abatement of Da ngerous Buildings Code) to comply with the State of Colorado's standards . STAFF SOURCE: Lance Smith, Chief Building Official. COUNCIL BILL NO . 25 -Recommendation f om the Department of Safety Services , Building Div ision , to adopt a bill fo r an ordinance amending Title 8-1 of the Englewood Municipal Code so that 11 is appropriately numbered . STAFF SOURCE: Lance Smith , Chief Building Official. COUNCIL BILL NO. 26 -Recommendation fro m the Department of Safety Services , Building Div ision , to adopt a bill for an ordinance amending Title 8-38 of the Englewood Munic ipal Code so that it con fo rm s to the State of Colorado 's most recent health standards for swimming pools . STAFF SOURCE: Lance Smith , Chief Building Official . COUNCIL BILL NO . 24 -Recommendation from the Department of Public Works to adopt a bill for an ordinance approving Amendment #2 to the Intergovernmental Agreement 'Mth the Colorado Department of Transportation for Construction of Broadway Widening and Medians . STAFF SOURCE: Ken Ross, Director of Public Work, and Rick Kahm, Capital Projects Manager. PINN note: H you have a dlubillty and need auxiliary aids or services , pl .... notify the City of Englewood (303-762-2405) at lent 48 hours In advance of whan NrvicH are needed. Thank you . • • . ) I • 0 • • • • - Englewood City Council Agenda March 20, 2000 Page4 b . Approval of Ordinan ce s on Second Reading . /J' Resolutions and Motions . Recommendation from the Department of Pub lic Works to approve , by motion , a contract for construction of South Broadway Impro vements . Staff recommends awarding the bid to the low bidder, Concrete W orks of Colorado , in the amount of $3 ,228 ,699 .21 . STAFF SOURCE: Ken Roas , Director of Public Works. Recommendation from the City Manager's Office to approve , by motion . a contract for relocation to the new Civic Center. Staff recomm ends awarding the contract to Broadway Moving and Storage in the amount of $80 .842 .00 . STAFF SOURCE: Mike Flaherty, AHiatant City Manager. 12 . General Discussion . a . Mayor's Choice . i. Drawing for "Dinner and Dialogue with Counci l." P~ b . Council Members' Choice . 13. City Manager's Report. a . CityCenter Englev.ood Update . 14. City Attorney 's Report. Adjournment.,.{)~ The following minutes were transmitted to City Council between February 18 , 2000 and March 16 , 2000 : • Englewood Police Pension Board meeting of April 22 , 1999 • Englev.ood Police Pension Board meeting of June 22 . 1999 Englewood Board of Adjustment and Appeals meeting of January 12 , 2000 Englewood Cultural Arts Commission meeting of February 2, 200 0. • Englev.ood liquor licensing Authority meeting of February 2 , 2000 • Englev.ood Clean, Green and Proud Commission meeting of February 8, 2000 Englev.ood Planning and Zoning Commission meeting of February 8, 2000 Englev.ood Public library Board meeting of February 8, 2000 • Englev.ood Parks and Recreation Commission meeting of February 10, 2000 Englev.ood liquor licensing Authority Telephone Poll of February 16 , 2000 P ..... note: If you have a disability and need auxiliary aids or services , pl .... notify the City of Englewood (303-762-2405) at least 48 hours In advance of when servlcn are needed. Thank you . • I • 0 - • • • - ENGLEWOOD CITY COUNCIL ENGLEWOOD. AR.\PAHOE COUNTY. COLORADO 1 . Call to Order Regular Session March 6 , 2000 The regular meeting o f the E nglewood City Council was called to o rder b_ Mayo r Bum, at :5::! pm. 1. lm·ocation The invocation was given by Council Member Nabholz. 3. Pledge of Allegiance The Pledge of Allegiance was led by May or Burns . 4. Roll Call Prese nt : Absent : A quorum was present. Also present : Council Members Nabholz. Gra zulis. Brad shaw . \V o losy n. Yur ch,ck. Burn s Council ~1ember Garrett City Manager Scars C11y Attorne y Brotzman Ci ty Clerk Elli s Assistant C,ty ~1anager Flahcny Dire to r ,mpson. mmunll~ De,elo pment Mayo r Burns adv, ed that Council Member Garrett 1s o n his way back fr o m W as hin gton D.C. to ni ght. Mayor Burns said he would like to. o nce again. wel o me Ann Nabholz back. He stated II ,s wonderful 10 see her as she ha s had quite a si ege. He noted she ha s received a lot o f pra yers and a lo t of good ",she; and 11 is just great to see her back with us again . Coun cil Member Nabholz th anked Mayo r Burns. 5. Minutes (a) COUNCIL MEI\IBER BRADSHAW MOVED. AND IT WAS SECONDED. TO APPROVE THE MINUTE.Sor THE REGULAR CITY COUNCIL MEETING or FEBRUARY 22 , 2000. Ayes: Nays: Abstain : Absent : Motion carried . 6. Scheduled Visitors There were no scheduled visitors . Council Members Brads haw . \V o lo yn. Yurchick. Grazulis. Burns None Council Member Nabholz Council Member Garrett • . , A ) I • 0 • • • Englewood City Council !\larch 6, :?OOO Page2 Non-scheduled Visitors ,, .... There were no no n-cheduled vis ito rs . .,,--. • • - 8. Communications. Proclamations and Appointments .. (a ) A letter fro m Ruth Hansen ind1catin11 her re siena11 o n fro m the En!!lewood Clean. Green and P roud Commi ssion was consi dered. --- COUNCIL l\lEMBER NABHOLZ MOVED. AND IT WAS SECONDED. TO ACCEPT WITH REGRET THE RESIGNATION OF RUTH HANSEN FROM THE ENGLEWOOD CLEA'.'11. GREEN AND PROUD COMl\llSSION. Ayes : Nays : Absent : Mouo n camed . C o unc il Members abh o lz. Bradshaw. Wo losyn . Yurchick. Grazulis. Bums None Counc il ~ember Garrett 9 . Public Hearing No pubh heari ng wa s sc heduled before C o unci l. 10 Consent Agenda (a l Approval o f Ordinances o n First Readin g CO NCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED. TO APPRO\'E CONSENT AGENDA ITEMS 10 (a) (i) and (ii) ON FIRST READING. (1) COUNCIL BILL NO. 14. INTROD . D BY oi.;;,.; lL :vt E l\lBER BRAD HAW A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGO\'ER."1/MENTAL AGREE'.\1E:-JT BETWEE ARAPAHOE COUNTY AND THE CITY OF E'.'IIGLE W D FO R THE P RPO E OF EXCHANGING GEOGRAPHIC DA TA. (i i) COUNCIL BILL NO . 13. IN T RODUCED BY OUNClL MEM BER BRADSHAW A BILL FOR AN ORDINANCE APPROVING THE ACCE PTANCE OF TWO EASEMENTS LOCATED AT 4601 SOUTH SANTA FE GRANTED TO THE C ITY AS PART OF A MINOR SUBDIVISION BY D UGGAN PROPERTIES L.L.C. Vote results : Mou on c amed . (b l Ayes : Nays : Absent : Council Members Na bh o lz. Bradsha w . Wo losyn. Yurchick . Grazulis. Burns N o ne Council Member Garren Approval of Ordinanc e s on Second Reading .. ) I • 0 • -· • • -' Englewood City Council l\larch 6, ~000 Page3 COUNCIL l\lEMBER BRADSHAW l\10\IED . .-\ND IT WAS SECONDED. TO APPROVE CONSENT AGENDA ITE:\IS 10 (b) (i). (ii l. (iii) and (h •) ON SECOND READING . (i) ORDINANCE NO .. SERIES OF ~000 (CO NCfL BILL NO . INTROD UCE D BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE A.i\1ENDING VARIO US TITLES OF THE ENG LEW OO D MUNICIP . .\L CODE OF 19 85 RE COGNIZING THE ORGA.i'IIZA TIONAL STR UCT URE OF THE CITY . (ii ) ORDINANCE NO . 8. SERIES OF ~000 (CO UNCIL BILL NO . 8. INTROD UCE D BY COUNCIL lvlEMBER WOLOSYN ) AN ORDINANCE AMENDING TITLE 7. CHAPT ER 6F. OF THE E:"-IGLEWOOD \1 ':S:I CIPAL CO DE 1985. WHICH AMENDS THE DEFINITION OF GRAFFIT I. (iii ) ORDINA.i\lCE NO . 9. SERIES OF cOOO <CO L'NCIL BIL L NO 10 . INTROD UCE D BY CO UNC IL MEMBER BRAD SHAW ) AN ORDINANCE AMENDfNG TITL E 2. CHAPTER 10 . OF THE ENGLE WOOD \l L'. IC IP . .\L O DE 1985 . PERTAINI NG TO THE ENGLEWOOD CODE E'.'IFO RCE ME;-.;T ADV ISORY OMJ\l!TTE E. (iv ) ORDINANCE NO . 10 . SE RI ES OF cOOO tCO UNCIL BIL L NO . 11. INTROD UCE D BY COUNCIL MEMB ER WOLOSYN ) AN ORDfNANCE AMENDING TIT LE 3. OF THE ENGLEWOOD M UN ICIP AL CO DE 19 5. WHICH PERTAINS TO MU NIC IPAL OFFICERS AND EMP LO YEES . Vote results: Moti on ca rried . Ayes : Coun cil Member Nab holz . Bra dsha". Wolos yn . Yurch,ck . Grazul, . Burn s None Nay : Absent : Coun ci l Membe r Garrett {c / Re s luu ons and Mouons COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED. TO APPROVE CONSENT AGENDA lTEI\IS 10 (c) (i) and (ii). (i) PURCHASE OF A TEL ESQU IR T FIRE TR L'C K FROM AMER ICAN LAFRANCE IN THE AMOUNT OF $451.276 .00 . {ii ) PURCH ASE OF A WALL BED SYSTB1 FOR THE JEFFERSON FI RE STATION FROM SPACE ADVANTAGES IN THE AMOUNT OF 26.91 .-.i. \lote results : Ayes : Nays : Absent : Moti on carried . 11 . Regular Agenda Coun cil Member 'abh olz. Bra d haw . Wolosyn . Yurch,ck. Grazuh s. Bu rn s None Council Mem ber Gjrren • • I • 0 - • • • Englewood Cit y Council March 6, ::?000 Page4 ~ ,,,.,-·· • • - .. " (a) Appro al o f Ordinances o n First Reading (i) Assistant Cit y Manager Flaherty presented a recommendatio n fro m the Cny Manager·;, Office to approve a bill fo r an o rdinance approving an amended agreement "1th the Muse um o f Outdoor Arts (MOA ). He stated that fo ll o wing the innial approval o f the agreement w nh the ~1u seum o f O utd oor Arts. the space that David Taylo r was consider ing util izati o n o f. in the Civic Center. wa s deemed to be 1nappropnate fo r that use . Fo ll o wing that decision. he advised. th e Mu seum of O ut doo r Arts appr ac hed the CH y regarding t he use o f additional s pac e o n the seco nd fl oor cult ura l facil it y and . after a number of meetings we ha ve broug ht back an amendment that we believe addre sse s Co unc 1rs ccm~ern s . Mr. Flahert y advised that approx imately -i .000 square feet will remain available fo r the Ci ty to utilize for H. o wn c ultural purposes . the Museum o f Outdoor Arts will assume res po nsibility for the lobby gal lerv which w,11 be o pen to the publi c during their ho urs of o peratio n. the Ci ty will ha ve the e xcl usive nght and respo ns1b1lit y fo r sc hed uling the Ci ty"s cul tural s pace and" ill have fir st pnOnt) fo r 11;, u,e. Addni o nall,. the Museum o f Outdoo r Art s will ha ve the o pportunit y to ut1 hze up to 90 u;es annually. ani u,es above 90 wo uld be at the City"s standard re ntal ra te fo r that s pace. the ,ty ha s the nght under the amended agreement to ut ilize. witho ut charge. MOA "s gallery. 1ud1 0 space a nd conference room, and no n- competiti o n lang uage was added to the agree ment and an agreement bel\,een the parties 10 cooperate m the sc heduling o f events and programs for the Ci ty"s c ultural ,pace. He a ked ,f Co un cil h:1d an, que,t1 n,. Mayo r Burns said he th o ugh t that incorporate s e,er-'lh in g the y had talked about in C o uncil'; co nsiderable discuss ions with them . Mayor Burns asked if there were any questi o ns o r comments fr o m Council members o n the a mendment. COUNCIL MEMBER YURCHICK MO\IED TO TABLE THIS UNTIL THEY RECEI\IE THE FINANCIAL INFORMATION HE REQUESTED FROM THE MUSEUM OF OUTDOOR ARTS. Ma yor Burns said he talked to Ci ty Attorney Brotz man a little bit about thi s and he realize, thi s is kind o f a sore poi nt at thi s potnt. but he hates to delay anything because he th o ught the y needed the go ahead in o rd er to d o t heir final planning and improvements. He stated he understand s that the tax inf rmat1 o n ha s to be fo rthc o mtnl!. it has to be released . He asked '.'vlr. Brotz man if that was right. ,f he co uld address that. C 1l\ Atto rney Bfo tzman advised that the ta x in fo rmati o n 1s mandamry. the y ~ust relea e t hat in formati o n. · Co unc il Member Brad shaw po inted o ut. as a point of o rder. that there 1s no di s,us;,io n o n a mo ti o n lO table . Mayor Burns no ted that a mo tio n to table is different than a motion to defer. He said that. as he understand 1t. a mo ti o n to table mean s that yo u ha ve to vo te two-third s to brmg It bac k off the tab le . Cit) Atto rney Bro tz man said th at wa s correct. In response to Maj o r Burn s. Ci ty Att o rne y Brotzma n explai ned th at a different motion wo uld be to move to ,ont1nue unti l there was recei pt of the tax in fo rm ati o n. Counc il Member Yurc h1 ck advised he wo uld c hange hi s mo ti o n to .. move to continue ... Mayo r Burns asked if that woul d all o w d1scu ss1o n. Ci ty Atto rne y Brotzman advised there is no di sc ussion o n a mo ti o n to continue . COUNCIL MEMBER YURCHICK l\lO\IED, AND IT WAS SECONDED, TO CONTINUE THIS UN TIL THEY RECEIVE THE FINANCIAL INFORMATION HE REQUESTED FROM THE MUSEUM OF O UTDOOR ARTS. Ayes : Nays : Co uncil Members Nab ho lz. Bradsha w. Yurc hi c k. Grazuli s Co un cil Members W o losyn. Burns • ~ ' 0 I • 0 • • • Englewood City Council March 6. 2000 Page S Absent : Mo ti o n carried. "'• ... • .. • • Council Member Garren Mayor Burns explained that the onl y rea on he did that "3> that he understands the fi nancial 1n fo rmall on has to be fo nhcoming. He said he understands Council Member Yurch1ck·s fru tralt o n a nd this is not Mr. Lo n11ne ·s doing. that 1s the Board talking here . He commented that they have always been very se relive. every time we have talked to them the past couple of years. and ll 1s ve ry annoying that the~ a re no t produci ng this at thi s point. He said he fully unders tands Mr . Yurchick·s angst o n thi s and he ,o ted no o nly because he understands this has got to be produced and the y ha, e got to get n o ut. Mayo r Burns said he thought he wo uld give Cynthia Madden a call and JUSt talk to her a little bit about this. because 1t 1s not appropriate that they arc withholding this information but he th o ught he knew where it was com ing fr om. As 1stant City Manager Flaheny sai d he would like to add JU t o ne thing . He commented that he though t the Mayo r had accuratel y reflected what is happening. Mr. Flaheny advised that Rodney Lo ntine to ld him. again today. that thi s was no t his decis io n. but the Board wa standing by the requucments of the law that require having a cenain time limitati o n o n the release of information and yo u have 10 go to their fac1li1y lO vi ew it. Mr. Flaherty staled that o ur auomey. Peter Guthrie. has requested that they ,o luntanly release that in fo rmati o n lO us . but according to the lener. and according 10 Mr. Lo ntine. there "ere some lime requirements on when that information is ava ilable to the public and yo u ha,·e to acce,s it at their o ffices. which we certai nl y could do. Mayo r Burns asked if Mr. Guthrie ha s confirmed that that is accurate . A s1stant Ci ty Manager Flaherty advised that that is what his lener indicates. he is asking them to vo luntanl y releas e the info rmauo n "e have requested. Mayor Burns asked if he was saying that ,s outside and in add,uon to what they wo uld normally have to do. Mr. Flaheny said that there is a 180 day period from the date o f publi c auo n of their notice. that any individual in the public can go to their place of business and qew the reco rds and. according to Mr. Lontine. that is what the Board in standing o n now. City Anorney Brotzman noted there are several interpretations go ing o n and there I a new set o f IRS regulations. that are not in place yet. Mr. Brotzman pointed out that what the Bo ard has n't done 1s ,ay "tell you what. come o n down and take a look at o ur records ... We ,viii go d o wn and I k at their record s at the location. which . he noted . they ha ve not o ffered . Mayo r Burns asked ,f the y could o ffer that no w. Ci ty Attorney Brotzman said yes . Mayo r Burn asked how "e are go ing to get lO that po int. Mr. Brotzma n explained that we are going to have this same conversauo n and o bvi o usly the Je,erage we Jus t go t int o 1s Council will not approve their agreement unul they do. He noted "e ha,e o ntinued the agreement unul they provide that information. so we will have a mo re lengthy d1 sc u si o n wnh them no w. Mayor Burns commented that he has no doubt the y are going to come around at this poi nt . But . he advi sed. he did expre s 10 them the universal angst of the Council. regardle,s o f how C o un c il wo uld vo te . that the y haven 't do ne thi s yet. (b ) Approval of Ordinances o n Second Readin g There were no additional items submitted fo r approval o n seco nd reading. <See . .\genda Item 10 -Conse nt Agenda.) ( c J Resoluuons and Motions There were no additi onal resolutio ns o r moti o ns submitted for approval. !See Agenda Item 10 -C o nsent Agenda.) 12 . General Discussion ... ., • I • 0 - • • • .. ~ .,... . • . ,. • -.. Engle,.-ood Cit~· Council '.\larch 6. 2000 Page 6 (a ) Mayor's Cho ice (i) Mayo r Burns congratulated Brad Anderso n. of the Parks and Recre ation Depanment. o n receiving the 1999 Nati o nal Aquatic Safety .-\\\ard . (ii ) Mayor Burns noted Coun cil recel\ed a letter about an .-\fter Pro m Party donati o n. Co un cil Member Brads haw asked Mayor Burns if he had e ver \\Orked o ne o f th o ,e. :'-1 a yo r Burns said he had not. Ms. Brads haw aid he and Karen s ho uld go. that 11 1s fun . She no ted ;,he \\Orked th o e when s he worked at the hig h sc hoo l and they are great. Mayor Burns asked 1f they are requesting something nght now o n that Co un cil '.\!ember Bradshaw asked if Co uncil ga\'e them S500.00 la,1 year '.\1 ayo r Burn , ;,aid he tho ught that , as about nght. Council Member Grazulis said she \\Ould reque,t that again. COUNCIL MEMBER BRADSHAW l\10\IED. AND IT WAS SECONDED. TO APPRO\'E A DONATION OF $500.00 TO THE AFTER PROM PARTY . Moti o n camed. Ayes: Nays: Absent : Co unc il Members :"Jabh o lz. Bradsha". \\'o los,n. Yurch1ck. Grazulis. Burns No ne Council Member Garrett (iit ) Mayor Burns no ted he had pre, io usly di scussed with Council hi s diffi c ultie s in going 10 the National League o f Cities Co nference because o f h1 ofti e ,i1ua1i o n. Unfort unatel y. he ,aid . that has not improved terribly ... so mewhat ... but 11 is not finalized. so he 1s afraid he 1s no t go in g to be able to go. He advi sed he has talked to Sue Bradshaw about thi s and she 1s \\Ttting to them reque;,ting that they return the registrati o n fee. as he thinks we ha ve cause to do so and he 1s hoping he can get th at back . But. he said . he wanted to apologize to Council that he wo n 't be able to go. Ma ~o r Burns no ted that Coun 11 Member Grazulis. City Manager Sears and youth member '.\11ke Heberling are go ing . (iv ) Mayo r Bums advised that he a nd Council Members Grazulis and Wo losyn "ere at Englewood High School today and gave a prese ntati o n about o ur Ci ty government to their leaders hip gro up who are the class officers . He commented that the y were a very harp bunch o f kid s . He said the y talked at length about the CityCenter project and they had a lot of temfic questi o ns. they had a lo t o f the questions that we have asked o ur selves in the past couple o f ~ears and ago nized o ver abo ut traiti c and density and retail trade. what the component s pans are and ho w 11 relates to Bro adway . He said they asked some excellent questions. they are reall y a good gro up . so that was enj oyable . :'>la yo r Burn s advised that Paulena Puncerelli gave a prese ntatio n about the City go \'ernment. as she us ually does. and she did an excellent Jo b. (v) Mayo r Burns said he no ti ced an article m the Post to day en111led "Yo ung Poets T o Help RTD With It 's Lines." They are working with the elementary school kids 10 pro vide so me poetr y. They said the y are working with neighborhood ;chools. which. he sa id. he would presume are Bish op and Maddo x. He asked 1f an)one wo uld know which school s the y are working w11h . Cou nc il Member Brad,ha, ,aid she would think 11 wo uld have to be Bi s ho p and Maddox . Ma)or Burns advised that the paper says the line 1s set 10 ;ian o perating o n Jul y I~"'. "h1ch 1s a Fnday. afte r the lu nc h lime. wtth free ride o ffered 10 the public all weekend long. On Jul) 15 '". whi c h 1; J aturday. the c111es o f Denver. Englewood. Sheridan and ltttleton are being in,·tted to ho,t o pening pantes at their s1a11 o ns. So. he said . 11 looks like o ur acti, 11 y 1s o n Saturday. Do -.e kn o w that . he a;,ked . He said • • I • 0 • • • Englewood Cily Council March 6. 2000 Page7 .. ·,· ~ -· • • - th:n ,s "·hat the paper says . He asked Director Simpson ,f he kn ows about that. Mr. Simpson ad, 1,ed that there 1s some potential that the y are going to be trying to ho s t the VIP luncheo n here o n Fnda). Jul) l .l 1 • He advi sed he will be meetin g wuh the RTD staff to morrow and will take them o ver to the Cl\ 1c enter building and ha ve them take a look. Direct o r Simpson advi sed he will be getting mo re details to morro ". but. potentiall y we wi ll be ,eeing 11 o n Friday here . (v1 I !\Javor Burns sa,d he passed o ut an anicle fr o m the paper talkin g abou t Radm Shack going to virtual product ordering . He no ted that yo u see thi s almost every dav. o ne o f the;,e maJc•r companies doi ng website customer contacts. He said he wo uld bet that most of these are no t SJles tax o riented. {v 11 1 l\!Jyor Burn s advi sed 1ha1 the Roc ky ll.l o untain Ne\\S had a feature. o n unda ). in the Wall Street We st secti on. o n what 1s go in g up and a p1c1ure o f o ur devel o pment and J ma brief commentary o n that. He said he did not have a co py o f that. Cuuncil Member Grazuli s had a .tip). "h1ch s he held up . {b ) Coun cil \1ember's C ho ice (1) Council Member Nabho lz : I. She said it see ms so minute to say tha nk )O U to ever)lxxJ). he thanked o ur Ci tv staff. Ci ty emplo yees and the Po li ce and Fire Departments . he ,aid ,he ha s ne,er ,een ,uc h an utpo un ng o f support . M s . Nabholz co mmented that 11 has been a ,er; di fficu lt lime . but s he IS reall y a walk ing miracle and an answer 10 prayer. She said they to ld her fol k;, ,he pro babl) \\Ouldn 't male 11. so ,he IS ver v grateful and she 1s looking at life fr o m a very differem per pectne right no " and ,he "a, ,o g lad 10 be ab le 10 walk back through that door to night. So. he said. s he \\Jnted 10 thanl e,er)o ne fo r e,·er)lhin g ... lhe c ard s. the support. the love , the prayer . :?. She advised that. e\ldentl y. aturday ni ght B & B C o noco stayed o pen un11I ~:30 ... th ey no rm ally close about midni ght. .. JUl.l be cause the G 1h 1c \\35. so bu;y and the) had peo ple parking o ver in their pri vate parking. fa1dentl). he ,aid . the "eek befo re . s uppo,edl). o ur Englewood Po lice Department mid them that 1fthey put up pma1e parking signs they could com e ba k a nd c,te them . Well. she advised . "hen he called the police the police sa id no "e an·1 because us private parking and he a,d well yo u to ld me 10 put the ,gns up . So . s he ;a,d. 111s a big mess. M ,. Nabho lz sho wed Council a pri o m y mail ,11cker and adv, ed that a bunch o f tho,e II kers were fo und w1Lh 1h1 s g raffiti o n 11 ... tagging ... whatever. all ,i ver h1 ;, wind o ws and door, S unda y mornin g when he o pened up . Addi11 o nall y II wa s ,prayed o n 1wo o f hi s ga, tanks. which he had to re mo ve . She slated he has had a real problem and the y ha ve done his bathroo m in s ide with the graffiti . Ms . :,.;ab ho lz said he tried to give !he s ticke r lO an Englewo od po li c e o fficer and was told they did not need 11. So. she said . she was go in g 10 turn ii over 10 see ,f there is anyt hin g we can o r can ·1 do. She sa,d she realizes ti ,s almost impossible to catc h. but she ,s reall y concerned . Ms . Nabho lz sa id she need s 10 ca ll Mr. SL'halk and see if his business 1s starung 10 mfihra1e and hinder o ther bu s in esses . She aid s he received a call fr o m the C hina Ho use. which us ed 10 be the Rockyb1h . as the y could nm get o ut 1he1r bac k door. becau se there "ere ve hicles parked so close 10 their back door and s he \\Ould 1hinl that wo uld be a fire iss ue . Mayo r Burns said he ha, been \\Onderm g how thin gs are go mg o ver there . Coun cil Member 'abho lz o mmented that s he th o ught 11 wa pretty calm fo r a\\h1le until they put up the big yellow tent aw hile back and they were camped o vern1gh1 and that 1 \\hen the ) ab,o lutel y de,a,1a1ed B & B Conoco bct"een the no n ,1o p use o f hi s restroom and takin g l\\O and three cup, underneath o ne cup o f coffee so that l\\ o or three o i 1he1r friends c an come back in and get free refil b . C11y Manager Sears advised he \\Ould give Council a full report . • .. ) I • 0 • • • Englewood City Council March 6. 2000 Page9 -· • • -.. he ,tated her E-mail is ,1111 do "n. 1t 1s mtennment at be;,t. CH) Manager Sears aid "e need to follo,,-up with that. Ms . Brad ha\\ agreed "e real!~ need to. be ·ause 11 1s getting to be a real problem. She thanked Coun cil Member Wo lo;,~-n for fill mg m fo r her Jt the !',!et ro Ma~ors Yo uth and Comm1s;,1on au.ards. at the readmg . Ms . Br:1 d s ha" sa id she rea l!) appreciated that. 9 . She adn,ed that the ou 1h Suburban Park s Foundat io n i, \\Orkmg at tr~ mg to go under Santa Fe. ms1ead of .:rossmg at ni o n. because that "not acceptable. o. ,he sa id . \\e are look mg for fundmg. at th1> point. to d o that. Bec au e. s he op ined. II would be better no t to d o anything . than to deal "nh 1h a 1 intersection wnh the trucks and everything. 1t would be better nm to do anything unul we can do II right. Mayor Burns agreed. (i11 ) Council Member Grazuhs : I. She said she \\anted 10 talk about their v1s 11 10 the High choo l. '.\I s. Grazulis no ted 11 "a refreshing and the y had man ) questi o ns that she did n I kn ow the an,"er 10 and so ,he deferred 10 '.\la~c,r Burns and Council Member Wo losyn . One of the thmgs they a,ked fo r. and she \\Ould hkc ,o mebo d~ in Parks and Recreatio n 10 c he ck II o ut. 1s that they had an issue about bathrooms m all the parks. The~ ,aid we do no t have bathrooms in all the parks any mo re . Ms. Grazuhs ;,aid he "as no t a"are of that. Mayor Burn said he th o ught some of the uny o ne s. the real small park s. don·1 ha,e a bathroom . Council Member Bradshaw stated the y have never had them . In response 10 o un ii Member Nabholz. Co un cil Member Bradshaw ad, 1sed that .. mu shroom .. park ha;, o ne . She explained that .. mushroom .. park is Ro man ·s Park . Mayor Burn no ted that pan of the is s ue 1s if the bathroom, are there and the other pan 1s the cond111 o n they are m. 1f they arc there . Ms. Grazulis said he was exactl v right. Council Member Grazuh, aid ,he \\OuldJUSl like an update o n that. a 11 t. Ms . Grazuli ad, 1sed J ,1uden1 said he "ant ed a Wild Oa ts or ;.o me other health~ places in o ur C11~ Center and a 101 of them agreed wi th her. She sa id she th o ught o un 11 '.\kmber Bradsha" sh o uld hear 1h1>. :'--1 . Brad;,ha " commented that she has sa id that. Council Mem ber Grazulis no ted that the y sa id there "no thm g healthy around here and 1f you Jre tr) mg to pro mo te healthiness there 1s nmhing here except fa,t food and wo nderful greasy burger a nd ,tuff. She ,aid she JUSt "anted 10 put that o n the re cord . Ms. Grazults s aid ,he also had 1ha1 handout re gardmg o ur develo per. Ms. Grazults ad, 1sed 1ha1 the y asked about gen mg o me 1her thmg, m there like that c and y factory The) aid that wo uld be a \\Ond erful area to ha,e an ice cream sto re or a ,andy fact o ry . An ice c ream st re that does 1hmgs hke Farrell"s used 10. ""h the birthdays "here yo u could go and ha,e fun . 2 . She advised she had a call fr o m a lad y today wh o w1,he s 10 be o n the seni o r ho us mg comm111ee . as she said ,he c an ·, find a place m Englewood and she ha s 10 mo ve o ut. She said she keeps gelling the se calls and she kno ws we are go in g to address 11 . Mayor Burn, opmed that we are reach mg that po int "here that market 1s ,o o b, 1o us . Ms. Grazul1 s no ted the lad} said she kn o " s exactl y what the crnena \\Ould be and so s he '"shes 10 be o n a ;.e n1 o r ho us mg committee. She ,aid ,he has her name. 3. She advised she has had t\\O pe o ple call rcgardmg the 1anoo parl o rs. They live m the neighborhoods and they ,aid 1ha1 111 the evenmgs the y are o pen quite late . Ms . Grazuh s aid they wanted to • ) I • 0 • • • ,, • • - Englt'wood City Council March 6, 2000 Page 10 kn o w their ho ur s of o perati on. They also aid that a lot o f youth han g aro und a nd th ey th o ught 1h1 1s a curfew issue . Co unc il Member Brads haw noted they are o pen until 2:00 a .m. o r 3:00 a.m . Coun cil Me mber Graz ul" ,aid the y are and the kids that are out there are all smoking and the c i11z.e n wh o ail ed her s aid the ~ are all und er age and she asked what they were smoking. 4 . She o ffered kudos 10 Rick Kahm for all the help he gives. She no ted that e ,erv time they get a lener in their packet they are alwa ys thanking him fo r pumng peop le to gether fo r meetings. M . Grazuh s said for all the work he has done. she j ust wanted 10 publici y expre her thanks fo r ha vin g so me bod o proficient and so profess io nal in their Jo b. (iv) Counc,I Member Yurc h,c k: I . He thanked City Anomey Brotzman fo r h1 help \\1th hi s request fo r th e in fo rmati o n. 2 . He said he has a reque st he would like 10 have staff look int o . Mr. Yurc hi c k ad vi sed he was driving up Santa Fe. go ing nonh fr o m Uni on. in them ming and afternoon o f February ~5 th ... and he has seen this before ... when the land scape maintenance gu ys are o ut the y put o ut cone s fr o m Danmouth 10 Uni o n and create a traffi c jam that la sts all da y lo ng fr om Ox fo rd 10 E van . He said he JU I doesn·1 see the need for it. For fo ur or five guys. he said. he doesn·1 kn o w wh y the y c an ·t look at do in g It maybe after hours in the evening or at an other time rather than all da y lo ng in the middle o f the day . City Manager Sears said he wa s not sure that we do that . that 11 might be the State o r a contractor Coun ,I Member Yurchick stated that Schultz 1s their name . Mr. Sears said we definitel y need 10 \\Or~ w11h th e m o n this . Mr. Yurchick emphasized that it is a mes s . Mr. Sears said he was abso lutel y n ght. Mayor Bums asked if it interferes wnh the HOV lanes . Co unc il Member Yurchick said yes. that they ,hu t down the HOV lanes. Mayor Burns no ted people reall y like the HOV lanes and they use them a lot. Council Me mber Yurchick noted 1h1 s ,s dunng non HOV h ur s. but n ,s still two lanes and 11 i, lit erally ba c ked up fr o m Evans to Ox fo rd all day lo ng. C 11 y Manager Sears advised that the y \\OU!d fo ll o w up on that. ..... Counc il Member Grazuli s noted that Be verly Brads haw ha d no minated Harold Rus t fo r C 111 ze n of the Year and she agreed with her. Ma yor Burns as ked ho w he was d o in g . Counc ,I Member Brad shaw adv, ed that he ,s out of the hosp11a l. th at he had had b ~'J)a ss s ur ger~ the day aft e r we ulked a bo ut it. She aid he ,s do in g rea lly ""''-M s . Bradshaw ad,·,sed she d id tell h,m and he was thrilled . ( v) Coun c il Member Wo lo,yn ad vised that she had breakfas t w11h the C hamber se veral week s ago and the main to pic o f d1 sc uss1 o n \\JS the pro posed o rdinanc e regarding s idewa lk sal es . She said the y expressed an intere st in seeing that o rdinance befo re the Study Sess io n . C 11 y Manager Sears ad vised that 11 ,s comin g up in the next se ss10 n. :,.1arc h :co •• . I • 0 • • • Englewood Cit~· Council March 6. 2000 Page 9 '· •' "' • • - 7. She ,tated her E-mail is still do wn . it is intermittent at best. Cit y Manager Sear ,:ud "e need IO foll o w-up with that . Ms . Brad sha" agreed we reall y need to. because tt I gemng to be a real pro blem . 8. She thanked Co uncil Member Wo losyn fo r iilling m fo r her at the Met ro Ma~ors Yo uth :ind Commi ssion awards. at the readmg . M . Brads haw said s he reall y apprec iated that. 9 . She ad vised that the o urh Suburban Parks Fo undatio n 1s \\Ork ing at rrvmg 10 go und er Sama Fe. instead o f e r mg at Un, n. because tha t ,s no t accep table . So. s he s a,d. "e are looking fo r fu ndi ng. at 1h1> point . IO d o that. Be au se. he o pmed. 11 wo uld be bener not to do a nythm g. than 10 deal with that mtersecti o n with the tru c ks and evervthmg. tt wo uld be bet1er not to do anythmg unlll we ca n d o II ri ght. Mayo r Burns agreed. (111 ) C un cil Member Grazuli s : I. She s aid s he wanted tO talk ab out their vis 11 to the High Sch o l. Ms. Grazulis nme d it \\JS refre shing and they had many ques11 o ns tha t she did no t kn ow the ans"er 10 and so s he deferred 10 M ayor Burn s and Coun cil Member Wo losyn . One o f the things the y as ked fo r. and he wo uld like so mebod y m Parks and Re creation 10 c hec k 11 o ur. ,s that the y had an i sue about bath rooms m al I the park s . They sa id we do no t ha ve bathrooms mall the parks anymore . Ms . Grazu li said he wa s not a ware of that. Ma yo r Burns said he th o ught so me of the 11ny o ne s . the real s mall park s . do n't ha ve a bathroom . Co uncil Member Brads haw stated they have ne ver had them . In response 10 Co un ci l Member Nabh o lz. Co un ci l Member Bradshaw advi sed that "mu s hroo m" park ha s one. She explamed that "mushroom" park is Roman · Park . Mayor Burns noted that pan o f the iss ue is if the ba th roo m are there and the other part is the condi11 o n the y are in . if they are there . M . Grazuli said he "as exac tl y right. Co uncil Member Grazuli s sai d he wo uld JUSt like an update o n that . a lis t Ms . Graz uli s ad vised a s tudent said she wa nted a Wild Oats o r some o ther health y pla e 111 o ur Ctty Cente r and a lot o f the m agreed w11h her. She sa id ;he th o ught Coun c il Me mber Brad sha<v s ho uld hear thi,. !\I s . Brads haw commented that she ha s said that. Co un cil Member Grazulis noted that the y said there ,s no th ing health y aro und here a nd ,f yo u arc trym g 10 promote healthiness there ,s nothi ng here except fast food and wo nderful grea sy bur ge r and ,ruff. She ,a,d she just wanted to put that o n the re cord . Ms . Grazuli s s aid she al so had that hand o ut regarding o ur devel o per . Ms . Grazuli s advised that they as ked about getti ng ome o ther things in there like that c and y fa c to ry. The, said that would be a wo nderful area to have an ,ce c rea m sto re o r a candy fact ory. An ice cream s t re that does things like Farrelr s used to. with the birthdays where yo u could go and ha ve iun . 2 . She advised she had a call fr om a lad y toda y who wishes 10 be o n the seni o r ho usmg commtttee . as she said she c an 't iind a place in Englewood and she has to mo ve o ut. She sa ,d s he keeps gettmg the se calls and he kn o ws we are go mg to address 11. Mayo r Burns opi ned that we are reach m g that p int whac that market ,s so b v1o us . Ms . Grazuli s noted the lady said she kn o ws exactly what the cnteri a \\Ould be and o s he ",s he s 10 be o n a ;enior hom,mg o mmitt ee . She said she has her nam e . 3. She adv1 s,;,d he has had t\\O peo ple call regarding the tattoo parl ors. They live 111 the neighborh oods and the y sa,d that 111 the eve ning, they are o pen quite late . Ms . Grazuh s said the y wa nt ed to • • .. ) I • 0 • • • Englewood Cit y Co un ci l March 6, 2000 Page II ~ ..-. • • - .. .. ' Council Member Brad,haw as ked that they could ge t that o ,·er to the Chamber. Cn, '.\t anager ears ,aid they would . • * * * * Mayo r Burn s no ted that Counc il has a draft lener that "as gl\en out to Senato r Allard on the e -co mmerce 1s ue . He commented that Coun cil Member Garren 1>n"t here. bu t noted he "ould probabl) be Jb,ta1rnng anywa y 1f they vo ted o n thi s . Mayor Burns asked 1i there "a5 a rnn ensu, o f o un ii o n ,ending the kner C ,med ag reed to se nd the letter . l\fa)o r Burn s opined he thought they should send 11 :i, 11 1s JU>I be o min g a ho tter 1o p1 c ever)day. Coun c il Member \V o losyn sa id she appreciated the ume the) had to mull It l1\ er. 13 . City Manager 's Repon (a ) Ci ty Manager Sears sai d. Just tor the record. "e do ha,e a letter o f ,upport fo r the South Plane River initiative and C oun cil ha sig ned in uppo n I that letter (b) Ci ty Manager Sears asked that the Cit) C un ,I ,uppon a request by the devel o per fo r incl usio n o f Big 5 Sporting Good s in the group that "a, appm,ed b) the o un cil at an earl ier ume . MAYOR BURNS MOVED, AND IT WAS SECON DED. TO Sl'PPORT A REQ UEST BY TH E DE VE LOPER FOR IN CLUSION OF BIG 5 SPO RTI NG GOODS 11'" TH E GRO UP TH AT WAS APPROVED BY THE COUNC IL AT AN EARUER Tll\lE. Mayo r Burns said it seems like tt 15 a pretty btg operauo n . Coun ci l Member Brads haw no ted that C o un cil \'!e mber \V o lo )" ha d been in their store . \'I s . \\'o los)n aid yes. she used to live m C ali fo rnia and she boug.ht her fi rst ~1 s there . '.\b . Bradshaw a s ked M Wo losyn 1f tt would meet the need s o f o ur communtt y fo r kids v.h o pla) ,oc er and peo ple "ho wa nt a tenni s racket and thmgs like that. Ms. Wo losyn said It has been a g d ten )ear . b ut 11 ts ,111! there and st ill thri vin g. Coun ci l \'!ember Yurc h1 c k asked if it i like Gm·s. Coun c il Member \V o lo yn said ye s . Vo te results, Aye s: Nays : Absent : Mo uo n carried . Council Members Nabho lz. Bradshaw. Wo lo,yn . Yu rc hi c k. Grazuhs. Burns No ne Coun ci l Mem ber Garrett (CJ City Manager Sears noted that sta ff ha, been v.orking hard o n a number o f different , sues . Ri ck Kah m. in pantcular. a nd Bob Simpso n ha,e done a n o ut standing Jo b o n the de,elopment. he said. The devel o pment 1s contmuing in a posttl\·e fash io n and the ne" elevato r spi re ts con,trul·ted . The Flo)d ro ad base 1s do wn and . fo r th e most pan. the project JUSI conttnue;, to move in a real po tt1ve fa,h1 o n. City Manager Sears advised we are ho ping to do a couple of tou r. for Coun ii a nd ,taff the fir;,t "eek o f Apnl. He said C a Ico n Construc tt o n ha s been JUSI grea t wo rkin g" uh us . as \\C have been ru nning a gro up over there about every o ther day. Finall y the y Just said the y had to do ,ome fini,h \\Ork . so we are go in g 10 ho ld off fo r a couple o f week s o n that. Coun c il Member Grazulis advised that the Park s and Rec reatt on Commi ssion wo uld be go in g o n Thursda y. And. Counci l Member Nabho lz ,aid . the Malley Cent e r Trust Fund Board . • ' . . I • 0 ------------------~-~~--------.. ~--------------------- - • • • Englewood City Coundl '.\larch 6. 2000 Page 12 .,.,. .. • • - C11 y Manager Sears adv,sed that the) are going to try and lim11 tha1. but we d o "am 10 ha,e ano1ha o pen ho use. especially w11h the ,1aff the fir t v.eek o f Apnl. Cou ncil Member Bradshaw said s he tho ught II was 1mpo rtam to let board and co mm1>>1 o n member, to ur 11 if they wam to. She said at least give them the o ppo nun11 y. as they have bee n part o f th1> pro.:ess too. Mayor Burns said there wa s an a11emp1 to go in about ten days ag o . The R ail-\'o lu11 o n Conference Committee was in town. the y had been in Lmleto n . and the y were constrained o n their time and th ey go 1 to the building late and RTD came running up the stairs a nd said they co uld no t get o ut o f the bus. ~1a ynr Burns commemed that II v.as the s dlie t thing . that the~ v.ere o u1 there in the parking area a nd we grabbed the models. displays and e,·er) thing else. ran d o wn the stair and o ut int o t he parkrng 10 1. ,et them up o n the back of a couple o f pick-up trucks and Bo b S1 mp,on gave them a terrific pre semauo n as they s pilled o ff the bus fo r about five o r six m1nu1e s. 11 \\:l> so nd,culo us . Th,s was the group that was go rng 10 go in m the budding 10 see "here the recepu n "as go ing 10 be. because we are supposed m ho s1 1he1r recep11 o n rn the fall. They ne ver go t in the bu,ldrng. they goi ,n the bus and left. Ma yo r Burn reiterated that 11 wa s the illiest thrn g he ha, seen in a lo ng ume. He no ted he \\Ould be see ing al ;\larcella next \\eek and he 1 go in g 10 tell him that "c d o no t v. am that repeated . But . he no ted. they actuall, go t a 10 1 o ut o f the presema11 o n and the materia l, we ga,e them . He said yo u c uld tell they "ere sharp pe o ple and 1hc ) \\ere very excned about "'hat \\e are d o ing a nd the fact that they ne ver go t in the buildi ng i o ne o f the dumbe 1 thing he ha s seen in a lo ng 1,me . They said they are comin g back ,n the next few weeks and :1'1a)Or Burn, aid he ,s goin g to make ,ure . ,f they co me back. that that does nm happen agam. C11 y Manager ears said 11 1, a good suggesu o n to invite the board and c mm1s s1o n members . Coun cil Member Bradsha"' said al le:i,1 o ffer 11 to them in their mee!lngs in Apnl o r !\fay. Mr. Se:irs sa ,d Apnl. Ms . Bradshaw noted 1f the y want to come fi ne and 1f nm that ,s fine . C11y Manager Sears co mmented 1ha1 11 1 to a level where he th o ught 11 \\OUld be re:ill y good fo r them 10 take a look al that. Coun c il Member Bradsha\\ o pined that 11 ,s so rt fa pr" ilege 100. being o n a board o r comm1 ss 1o n. II) Manager ears ad\l,ed the) "'II d o tha t. C11y Manager Sears advised that Mike Fl:ihert) has hi, h:ind s iull. but he has been d o ing a great Job. al o ng w11h the employees o n the Move Co mm111 ec. He a,d \\e ha,e a number o f bid, for mo ving and they are reviewing those bids thi s week and the y will be coming back with a proposal 10 Coun ci l al the ne xt meet mg. He said he thought the s pecs c alled o ut a pren y good way o f an:il yz mg th ose bids. (d ) C11y Manager Sears ,ta1ed o ur Fire Dep:irtmem \\JS helpful a week ago w11h Sherid an "i1h the Hazmat issue . He no ted 1ha1. fo r 1he most part . the lean -up "a> po>1 11 ve. but "e are mo ni1 o nng tha t s 11ua11on . Council Member Bradsha"' ,Lated that that sc ares her to de:i1h . that \\h o le area right there . She said she ha ;, been SJ) mg 11 again and again that \\e need 10 look a1 11. but th se arc count y properties . Co uncil Member Grazuh s no ted that it goe ,mo the \\aler Counc il Member Brads haw explamed that the thing 1s. ,f the me, ever caught o n fire. e, en th o ugh there are o nl y 10.000 there now. 11 "'o uld cover the so uth :irea with bla,k smo ke . Council Member Grazuli s commented that a lot o f that could be 1ox 1c. Council Member Grazuh aid that when she s:iw the fire o n that morning. because he takes her daughter to seminar) at 6 :00 a .m .. s he walked o utside a nd wo ndered what was o n fire . She ;,a id s he looked toward s • I • 0 ]- • • • Englewood City Council March 6, 2000 Page 13 ·,· ~ ,,-. • • - .. .. ' the east and ,he takes her daughter m to the Cherry Hill s area and she tho ught there wa s a fire m Cherry Hills. Then she realized tt wa s n ·1 and wo ndered where tt ,s coming fro m . so m that ho ur she drove lO\\ard s where she th o ught tt was commg fro m . M s . Grazult said when she realized ii wa s do wn there s he 1h o ught tt was the ures . She no ted she has a 1 -Ho ur ktt m her ho use and if they wo uld have talked abo ut the smoke being to xic. s he" uld have pulled her famil y o ut o f there . takmg their 2 -Ho ur kit and J USt get11n g o u1. That. she said . 1s wh y )O U always have thing s ltke 1ha1. so yo u can JUSt mo ve and get o u 1. Ci1y Manager Sears advised 1ha1 the y cl osed the Go lf C o ur se d o wn that aflernoon. which he 1h o ugh1 wa s a very good idea. C o unc il Member Grazults said yes. tt wa aw, e idea . Mayo r Burns asked tf 1hcy have exammed ho w that happened and what kind o f measure s !hey can take m the future to try to a void tha1. C ity Manager Sears ad\'lsed that they arc in co ntac 1 \\1th Randy Yo un g . Mr. Sears said he wanied to bnng bac k lO the Co unc il. d1 fferenl alternati ves and exac rl y what 1he end re s ult of that fire was . Ciry Manager Sear advised that at least tt was d o wn tream fr o m us. but we are sttll impac ted b y the quality of rhat wa1er . with o ur perrnn we get fro m the sewer plant . so we had o ur wa ste\\ater peo ple o ur there testing rhat. h is nor o n the backburner. he said . we will take a look al tha1. Counci l Member Bradshaw said she really thinks tt ts crnical and 111 s a regio na l iss ue and she kno \\S tt 1s not in Sheridan. but the concern is ir ,s a time bo mb just s in ing 1here . Council Member Grazulis advised thar 1he High School goes down o nce a mo nth . o n Thursday mo rnin gs al 7:00 and they take water readings. She said her daughter was supposed to go do wn that da) lO take a \\ater reading and she told her she thought she should nor go that day 10 d o 1hat. The) th o ught 11 wo uld be reall y inreresting. but she told her maybe tomorrow. not today. (e ) Ciry Manager Sears advised that we are having I ts o f pro blems ",th Pac ifi C are and some of the HMO and PPO issues. We are reopening and g1 v1ng employees the o pponumty 10 go 10 o ur PPO from o ur HMO. He stared the Cir y isn ·1 complerely o ut ,de o f rhe pro blems the) are ha, m g na11 o nall y wtth health ins urance. but we are o n top o f tha1 and trying lO wo rk thro ugh th at issue . 1.i . City A ttomey 's Report City Atto rney Broll.man did no t have any malters 10 bnng be fo re Counc il. 15 . Adjournment tEMBER BRADSHAW MOVED TO ADJOURN . The meet m g adJo urned at 8 :3 1 p .m . • ) I • 0 < • • • .. ,, ,,.-·• • .. ,.,. • -.. ENGLEWOOD CITY COUNCIL ENGLEWOOD, AR.\PAHOE COUNTY, COLOR.\DO Special Meeting March 13, 2000 l. CaU to Order The special meet ing o f th e Englewood City Counc il wa s ca lled to o rder by Ma yo r Burns at 5 :30 p .m. 2. Invocation The invocation was given by Council Member Nabh o lz . 3. Pledge or Allegiance The Pledge o f Allegiance was led by Mayo r Burns. 4. RoU CaU Prese nt : Absent : A quorum wa s present . Al so present : Counci l Members Nabho lz . Garrett. Bradshaw. Wo los) n. Yurchick. Burns Council Member Grazuli s Acting City Manager Flaheny City Att orney Bro tzman City Clerk Elli s Director Simpson. Community Devel o pment 5 Mayor Burns advised that Ci ty Manager Sears a nd Coun cil Member Grazuli s were at th e Nau o nal Lea gue of Cities Conferen ce in Washington D .C. ••••• Mayor Burns explained that th is is a Special Meeting . it call s fo r o nl y o ne item o n the Ag e nda and Co un cil is restricted to that item . 5 . Regular Agenda (a) Approval o f Ordinances o n First Readi ng (i) A recommendati on fr o m the City Manager 's Offi ce to ado pt a bill fo r an ordinance approving an amendment to the Agreement and Sublea se with the Museum of Outdoor Arts (MOA) was considered. Mayor Bums no ted that thi s item was continued fr o m la st week Director Simpson said he was going to keep hi s presentatio n very minimal and he would be available for questions and answers. He explained that thi s amendment amends the original contract with the Museum of Outdoor Arts and the City of Englewood to acco mmodate an additional 3000 square feet of space . Thi s amendment . he said, was requested as a result o f us not going forward with the original directio n of using the David Taylor Dance Theater as pan o f the c ultural s pace within the Civic Center building. Mr. Simpson advised that this amendment also pro vid es MOA with the full re sponsibility for the lobby and gallery space and the cost of that. They will also be assuming the costs for the restroom facilitie s and th e amendment provides them some opportunity for limited use o f the City's cultural arts space ... up to 90 days • ' ., ) I • 0 • • • Englewood City Council Special Meeting March 13, 2000 Page 2 ... ~ ,... . • • • with o ut c harge and a fter th a t th ey will be charged at a standard rental rate . It al so provide the o p portunit y fo r the City to use th e publi c gallery space . subjec t to availability. and studi o spac e and co nference rooms. \Vath that . he said . sta ff is recommending to proceed with the amendment. One o f the iss ue s with thi s 1s timin g. We are tryi ng to work cl ose !~ with Calcon. as 1s the Museum of Outdoor Art s . There is an 1>sue of timing fo r construc ti o n. he ad, 1sed . so 11.e J ust want to move forward . Mayo r Burns asked if there wa s a reco mmendat,o n to proceed with the ordinance . Co uncil Member Garrett ad vi sed that he had a couple o f questi ons for the representati ve of \10A . COUNCIL l\lEI\IBER BRADSHAW MOVED. AND IT \VAS SECONDED, TO APPRO\'E AGENDA ITEM 5 (a) (i) • COUNCIL BILL NO. 15. CO U NCIL BlLL NO. 15. INTRODUCE D BY COUNC IL MEMBER BRADS HAW A BILL FOR AN ORDINANCE AU THORIZING THE ACC EPTANC E O F AN .-\.M E:'-ID~I EN T TO T HE AGREEMENT A.ND S UBLE AS E BETWEE:'-1 THE M US EUM OF O CTDOO R AR TS (\I 0..\1. T HE E~GLEWOOD ENVIRONMENT AL FOU !'IDA TION . IN C. (EEF) AND THE C ITY OF E:--:GLE WOOD. C OLORADO (C ITY ). Rod ne~ Lo ntine. "tt h th e M use um of O utd oor Arts. in trod uced h,m;,e lf and thank ed C.1unnl fo r ~o ming to night for th e pec ,al Meeting. Co un al Member Garrett no ted Mr. Lon11ne had wriuen a memo to Gary Sears th a t accompanied the IRS fo rm Council re ceived in their pa c ket s . He pointed o ut that in that memo u sa ys the e doc ument, are no I nger publi c record and the y contain privileged and confidential in fo rmati o n. M r. Garren ,a,J he ha, bee n nfused o n the legal requirements and he th ought there had been a d isconne ct bern ee n th e CH ) and the Board of MOA. He stated he doe s no t like to start out any enterprise wuh th ,. kind o f m,,unJ ers ta nd mg . Mr . G arren said it 11.as ha s understanding that the e type s o f document s had to be pu !,cl , a, aalable . ~I r. Lo ntine ,a,d he doe, no t kn o w. that he no" kno ws more about 990 fo rms than he probj bl) e, er "anted to k.now in hts li fe. because of tht>. They are a vailabl e under certain re tn li o n,. he ,j,d The) are j Vaalab le fo r a li mited 11me after they are published e,ery year and. he th ought. a no ucc ha s to be put an th e new s paper and then yo u ha ve 60 or 90 day, after the fa c t to come down to the fa aluy to look at the fo rm s. Aiter that peri od has e xpired. he ad, ised . the y are no lo nger available to the public . That ,s a; mu c h as he kn o "·s and the rulin g has c hanged again and he does no t kn o w \\hat the ne11. rul e ,s . M r. Lo nune noted the re ,s reall y no thin g there . in th e 990's . 11 ,s ju,t that it has bee n the Mu,eum ·s po li y to not JUSt hand o ut fin anci al info rmat io n a nd that wa all there wa to it. Co un ci l Member G a rrett sa id one o f the things he wo uld like to consi der ,s. dunng that wind ow o f 60 day . or whate ver it is that it is publicl y available. that a copy be prov ided to the C at y o f Engle wood . That \\Ould be one proposal. he said. so we don ·1 run int o thi s barrier eac h year. Ma yor Burns s a id he has talked to Cuy Att o rne y Brotzman abo ut thi s somewhat. He as ked Mr. Bro tz man if u ,s ne ce ssary to go do wn to look at doc ument s. C ity Atto rne y Bro tzman said ll depends. that under the new proposed regulatio ns you wo uld ha ve to go do wn and look at them . He pointed o ut that the Museum could al ways send us an ything they like , whenever the y like , that there is no prohibitio n, in reverse. that the y can ·1 send it to us . Mayo r Burns as ked City Attorney Brotzman what the law is no w, as he understands 11 . Mr. Brotzman ad vised. as he understands it . now if yo u make the reque st. it i publi c. He said he wo uld need to qualify that a Iinle bit. He explained that thar is under the old regulatio ns and no body is operating under the o ld re g ulatio ns , everybody is o perating under the new regulati o ns. whi ch all o ws for a time period to go int o the chanty and review them. Yes. he said. th ose are the new regulatio ns and they are pro posed . but e verybody has been o perating under them for the past year. • ' . . "" I • 0 ( • • • Englewood City Council Special Meeting March 13, 2000 PageJ ' ~, J • .. • -... Council Member Yurchick said that he understands under the new regulati o ns that yo u can also request a mailed copy. but they have the right to charge you for doing that. City Attorney Brotzman said that is correct. C o uncil Member Bradsha11, th ught that would be fair . Mr. Yurchick noted yo u can still request a mailed copy. it is sull a requirement. Council Member Garrett asked if that is o nl y during the window o r of it is at any time . Mr. Yurch,ck sa,d that he understands they are s up pose to be o n re cord at all tomes . being a no n-profit. but he did no t know for sure . Council Member Garrett stated the easiest wa} 10 handle it wo uld be 10 put it in the contrac t that when MOA makes the filings . and 11 beco mes publicl y available informat io n . that we could actually have 11 sent 10 the City Anomey so MOA would have some sense that 1t "'o uld be protected . Mr . Lo ntine said he was not trying to get aro und anything. Council Member Garren said he understands that. but what he is sayi ng ,s that we an contractually take care o f II . Mr. Lo ntine ad , ised 1ha1 he ,sno t autho rized to do anything contractu ally "llh the 990",. He sa,d the o mract. w11h th e amendments right now. is what it is and he is no t autho rized 10 approve any other amendments. This . he stated. was ho s charge from the Board . 1ha1 1h1 s is the amendment as it stands. if ,t , nm appro,·ed. 11 i no t approved . but he is not authorized m approve any amendments 10 that. As far as the 1999 990 fo rm. he no ted. he ha, already sai d that , as soon as 1ha1 beco mes a, ailable . he wo ul d fo r"·ard a cop) d1re c1 lv. So. he sa,d. the) have already made that agreement. Council Member Bradshaw asked if the y wo uld like m see 1ha1 as a pol,c) e,cry year. !\Ir. La mme ;,a ,d 11 is the law . you just reque st it every year. Counci l Member Garren said he 1h o ugh1 the C11y -.,a s go ing 10 ha ve 10 d o that, along with the appropriate statements that are anached 10 it. C11y Ano rne y Brotzman advised they would just put it o n the tickler system and req ue st it. Council Member Garren ;,a,d o kay . thJI would be great. Mayor Burns asked if there were any other quesuons. c o ncern s o r comments. Council Member Bradshaw asked if they were goi ng to read the lener fr o m Jul ie Grazuli inlO the rec rd . She sai d s he knows there are no proxies allowed o r anything . Mayor Burns advised 1ha1 he talked 10 C11~ Manager Sears a linle bit before he le ft and he said you really couldn 't d o th at. th at it i;, an expre,s1o n o f her opi ni o n 10 Council. but we can't enter her o wn vo te that way. Ms . Bradshaw sai d she didn 't "am 10 enter a voto= for her. C o un ci l Member Garren said it just need to be entered int o the record . Ma)or Burn, agreed 1ha1 they could enter her memo 10 the Council in the record . about her s up port for the l\luseum of Outdoor Arts and fo r th,s ,•a te. 1ha1 II j ust tells us what her feelings are. [Clerk's no te : A memo randum from Counci l Member Grazulis to Mayo r Burns and Members of Cll) Council. dated March 13. 2000. was entered into the record .) Votr results: Ayes: Nays: Absent: Motio n carried . 6. Adjournment Council Members Nabholz. Garren, Brad shaw. W o losyn. Yurchick. Burns None Council Member Grazulis MEMBER BRADSHAW MOVED TO ADJOURN . The meet ing adjourned at 5 :39 p .m . d.r'IA • ) I • 0 (_ • • ) - ~ ( • ·1 Youth Council Members 1999·2000 School Address City Zip Brad Wanke Maddox 3900 S. Jason Englewood 80110 Dorothy Tiwanak Maddox 2690 S. Lincoln Englewood 80110 Whitney Tandy Charles Hay 3863 S. Inca Englewood 80110 Roy Anderson Clayton 4222 S . Elati Englewood 80110 Nicholas Nabholz Bishop 2990 S . Delaware Englewood 80110 Savannah Mack Bishop 2590 W . Wesley Unit D Englewood 80110 Keira Armstrong Sinclair 4380 S . Pearl Englewood 80110 Jared Helle Sinclair 4608 S . Pearl Englewood 80110 Ashleigh Edelman Flood 4821 S. Kalamath Englewood 80110 Jenna Armstrong EHS 4380 S. Pearl Englewood 80110 Danielle Hill EHS 4036 S . Wash ington Englewood 80110 Jennifer Kline CFAHS 3251 S . University Englewood 80110 Kelsey Ransick Cherrelyn 4654 S. Pearl Englewood 80110 I \ • . .. ,. • ,. \J , • • • J 0 - • • -• March 15. 2000 Mayor Tom Bums Englewood City Council 3.WO S. Elati Englewood. CO 80 11 0 Dear Mayor Bums and Members of C ounc1l: ... ,,-. • • - The Government Affairs Comminee of the Chamber has met with Bob Simpson and his staff. and re, 1cwed the -sign Code Q\·erla~,· proposal We enthusiasllcally suppon changes such as these. wluch gi\'e businesses more choices so they may effecm ·el y ad\·emse their busmess ma cream e. altr.lCU\'C fashi on. We do . howe,·er. suggest t\,o changes : Fint. we ~-e that the propowd mie"' and appronl procns induded in this propo§lll must h.a,·e a fi1ed period of time .anacbed to it. Without some son of firm date for approval or disappro,·al once a plan has bee n submmed. \\C beiie,·e that a new busmess. ha\'ing set an opcrung date . ma,· delibcratel\' ~-pass th e process du e 10 th e unccnain~· of knowmg how long it will take . and s1mplv put up a boring. but easil~ appro,ed and ··date cenain .. sign. We beliC\'C a reasonable period can be set "hich allO\,s for adequate re\'ie" but also rcqwrcs a decision witlun a fixed time frame . Second. we believe that through this propogl die city !lhould reassure a husillCfl that OIKC they de!lign and nut their !lign ;according 10 the citfs guidelines. that the~· .. -m be able to keep it. use it. ud display it: hued upoa the rullOllable life of a !lign. regardless of future cbange,i in ci~· codes. Good signs are e:1.-pensi,e to design and conslr\lCl A sign :id\'emses and com eys the unage of the busmess. and helps customers find the busmess on a busy street A busmess does not often change it · s name . logo . or ns sign . because once m place . a business kno"s that customers and the public will be look.mg for the same sign. yc:ir after yc:ir . Ho"e"er. in Englewood the "mds of political change ha,e changed the sign code a lot in the last few years . These changes are expens1, e and disrupU\'e to businesses . "ho arc seckmg an anractive and consistent ;id\·en1stng medium through their business s1gJtage . "Therefore . we recommend that signs erected under this proposal be ··grandfathered"" as long as the busmess cominues and the stgn 1s properly maintained. ~full~ncd /~~ Go\'emmeru Affairs Conurunce . Greater EnglC\,ood Chamber of Commerce cc : Bob Simpson. Communi~· Dc\·cloprnent 6d 3501 South Broadway • Englewood. Colorado 80110 • (303) 789-4473 • Fax (303) 789-0098 www.greatenglewoodchamber.com • e-mail : englewoodchamberOmho.net • I • 0 • • ··-~--------- G 0 - PRO LA:VIAT IO \\'H ER.EA ·. Dr Ros..:oe David on se rved :.is th e Superintendent o f Eng lc\\'ood Sc h oo ls for 22 ~·ea r'i. o n e o f the lo ngest-ten ured post s in t h e st a te : a nd \ H ER.EA . Dr D :.l\'id so n was re..:emly h o n o red \\'it h a Di ·tin gui sh ed ·1.Tv1 ..:e Award b\· the Ameri ·an Asso..:ia ti o n o f S..:h ool Ad mini strators: and \ \'HER.EA -. Or. Davidson was ch ose n for thi s h o n o r b.:c:tu se o f hi~ ,t.rn ding .1, a n e xcep ti o nal a nd re spected t'd u cati o n a l leader: a nd \VH EREA . Dr. Oa\·idso n h as been d cscri bt'J bY member, o f the Cll ln rad o Association o f c h oo l Exe cutives as the: "s upcrintc nd e1~t o f supcr i n t e nd e n t, .. representing t he ·'he ,t in mora l kaders hip . con se rvatin: progrc ,~i \·e thinh.in~ .inJ :,t atesmamhi p : .. and \VHEREA . the it \' o f Eng lewood w ish c:, to recogn iLe Dr D avi d ,o n ·, acco mpli shm e nts. whi ·h ha\·e i mpacted student.sand fa mili es in En la\lc \\'ood .md st ate\\'idc : >J O \\'. THEREF R.E. \\'C , thl' City Coun ..:il of th e Cit,· o f Englc"'ood . -lllor.1d1>. h e rebv pro ..:1:iim Our h eartie:,t ..:ongratulati o ns to Or . Davidson on rece ivin g a Di:.tinguishcd Service Award re..:ogni z ing hi s many accomplishments. ADO PTED NS:O APPRO \'ED thi . --------------• "'· Printed on Recyc led Pop er .r~ ) I . - • • • .. ~ ,,... . • • -' .. PROCLAi\tlA TIO N WHEREAS , the En glewood High Schoo l Cheerleaders recent ly wo n the State Co-ed Cheerleading Championship for 2A to 5A sch oob ; and WHEREAS. the EHS Cheerleading Squad , co m p ri ed of 2, member · rangi ng from ninth to twel ft h grade , suppons the sc h ool's ath letic tea ms a nd promotes sc hoo l spirit; and WHEREAS , the EHS Cheerleaders were invited t o perfo rm duri ng t he Seate Bas ketball Tournament at the Peps i Center where they wo wed t he cro wd s ; a nd WHEREAS , the City of En g lewood wishes to recogni ze a nd h o no r t he dedi cat io n a nd acco mpli shme nts of thi s Championship C h eerle:id in g quad : NOW , THEREFORE , we , the Citv Council of the C itv of En ,Iewoud . Colo rado , here by proclaim: · · Our sincere congratulations to the Englewood High School Cheerleaders for being named State Champions and offer our thanks for representing the City of Englewood in suc h a po~itive light. ADOPTED ND APPROVED thi s 20'h da\· of , Pri nted on Rec yc led Paper.~ • ' I· 0 • • • .. ,. ,,-- • I·~._\ • -~ PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS March 20, 2000 , . NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME ADDRESS TOPIC CCS1GN1 ,, . ,. ., ~ ' • I· 0 • • • • . . • - MERCHANTS AND THE CITY ORDINANCE CONCERNfNG SIDEWALK SALES STIJDY SESSION CITY COUNCIL MARCH 20 . 2K AS THE OWNER OF BONNIE BRAE HOBBY SHOP I HA VE SEVERAL THOUGITTS ABOlIT THE DRAFT ORDINANCE AND THE MODIFICATIONS TO ALLOW SIDEWALK SALES . I APOLOGIZE FOR NOT ATTENDING nus STIJDY SESSION BUT I AM ATTENDING A TRADE SHOW IN LAS VEGAS THIS WEEK . I . I THINK SIDEWALK SALES ARE A GREAT IDEA. THE CITY COUNCIL SHOULD MODIFY THE CODE 10 ALLOW THEM. lllE CITY WOULD PROFIT BY INCREASED SALES TAX. THE MERCHANTS WOULD PROFIT BY INCREASED SALES . THE CITIZENS WOULD PROFIT BY GETTING SOME GOOD DEALS AND WOULD GET TO KNOW THE LOCAL MERCHANTS . 2 . 1HERE SHOULD BE A FEW (3-4 PER YEAR) CITY WIDE . ADVERTISED AND COORDINATED SALES 10 AITRACT THE DRIVE THROUGHS TO STOP AND SHOP HERE AND TO THANK THE ENGLEWOOD SHOPPERS FOR lllEIR PATRONAGE . 3. IN THE DRAFT ORDINANCE . THERE ARE NO SPECIFICATIONS ON HOW THE SIDEWALK SALES WOULD WORK.. MY EXPECTATION AND DESIRE IS lllE PROCESS WOULD BE US[R FRl[NDLY. IF THERE IS A LOT OF RED TAN. nus NEW ORDINANCE WILL BE MORE TROUBLE TiiAN IT IS WORllf AND nus PROCESS ro AMEND THE CODE WILL TURN OUT TO BE A w ASTE OF TIME AND RESOURCES . SIMPLE AND CLEAN IS BETTER. 4. MY EXPECTATION IS THAT THE COUNCIL WILL ALLOW THE M[RCHANTS TO DECIDE WHEN AND HOW SUCH EVENTS WOULD TAKE PLACE . 5. I HAVE SOME llKJUGtITS ABOUT THE PHRASE "AS AtrrnORIZED BY THE CITY COUNCIL". > I RECOMMEND lllE GREATER ENGLEWOOD CHAMBER OF COMMERCE BE THE GROUP THAT DECIDES WHEN AND HOW THE SALES WILL BE DONE . FOLKS FROM THE BUSINESS DEVELOPMENT OFFICE WOULD BE WELCOME TO OFFER SUGGESTIONS . > MERCHANT PARTICIPATION WOULD BE VOLUNTARY > THE CHAMBER WOULD COMMUNICATE WITH MEMBERS AND NON MEMBERS ABOUT THE PLANS-ACTIVELY SOLICmNG SUGGESTIONS AND THEN MAKE THE PLANS . > I SEE lllE ROLE OF THE CITY LIMITED 10 SPECIFYING LIMITS ON THE AMOUNT OF SPACE ON THE SIDEWALKS THAT CAN HA VE MERCHANDISE PLACED ON THEM TO INSURE SAFE TRAVEL BY PEDESTRIANS . 6 . I WOULD LIKE TO SEE THE FIRST SALE BEFORE THE END OF APRIL . DOUGLAS P. COHN OWNER, BONNIE BRAE HOBBY SHOP 3421 S. BROADWAY 303-762-3873 HOME 303-808-9964 CELL 303~526 STORE 1 I . xi - • • • ,. • • - ~~ WHEREAS . <be Ciey ffi Engl,:~::,:.:,~:.: :.~h ,nd ~am,nn Aqn~ ~ Staff has been awarded the .. 1999 Silver National Aquatic Safety Award .. by the Jeff Ellis & Associates , Inc. ·'International Aquatic Safety Consultants .. ; and WHEREAS , the "Silver National Aquatic Safety Award" is a prestigious award given for excellence in consistently exceeding the aquatic safety certification each year: and WHEREAS , the Award recognizes the professionalism exhibited by Brad Anderson , Recreation Program Administrator; Kathy Wallace, Aquatic Coordinator and the Englewood Aquatic Staff: and WHEREAS . only ninety one (91 ) of four hundred seventy six (476) Jeff Ellis Associates clients earned this distinction in 1999: and WHEREAS , Brad Anderson . Kathy Wallace and the Englewood Aquatic Staff have consistently afforded the C1ty with the highest degree of swimm er protection currently available for the aquatic mdustry : NOW THEREFORE.i we the City Co uncil of the City of Englewood. Colorado, here by congratulate and honor Brad Anderson , Kathy Wallace and the Englewood Aquatic Staff fo r therr commitment to .. profes sional e xceUen ce .. a nd de s ire t o .. ma ke a difference ·· for those who frequent the Englewood Aquatic Factlrnes : Mi cha el Yurchi ck , Pnnled o n Recycled Paper .='!~· • I • - • • .. • - r::::a=--1 1 ~ STATE OF COLORADO ss ~ COUNTY OF ARAPAHOE 1 . I, Jeremy Bangs, do solemnly swear that I am the Editor of the Englewood Herald and that the same is a ~ ,-spa· per published in the city of Littleton in I the County of Ar11p11hoe , State of • _,. , · · ' .. -, "·· r ;·. 0 • • it Colorado, and has a-• circulation · • ·• ' • ~J · · -:.: ·• ' ,,..._,_ PU8UC N011CE ~ . . . -~" ~ therein; that said newspaper has been ._ • CITY OP IIIGLIWOOD ·, •• · .-,, '· ' t 00 published continuously and unintenupl· · ionce OP PWUC NUMIG · ,_ i edly in said County of Al'll....._ for a ...._,. __ .... ca,c-lda1 .. ca,a1~---·--· .. -~ --Clrc..d_.,_ ... 2000 .• ,, ...... 1n .. ca,Coooda-G1~Clr----,, period of more than 52 weeks prior to =:::.-:-.::....-:::..-==.,2;.c:,a..:,,"':_~"'":..,~~.,...... ;, the first publication of the annexed ...... ,·> ~ . "" •• ··. ic-.;.,,.,".,· . ~_J : • i , , . ~l i nolice;thatsaidnewspaper isenteredin .. ....,..,...""'_ .... .,...,,._., .. ca,a,,,,.,..,..,. .... -20.aao.--~ the Post Office of Lltllelon, Colonldo, ==:.::..."'":'.=-'"' .. Clr°"""Olloa.---. .. ---... -,, as Second Class Mail matter and that fJ "~ the said newspaper is a MWSl)aper ., .. "' .. Englaooaad ca, Ccud. ,., ~ "c:: f'I>, within the meaning of the act of the ,..., 5 a,o 91. r General Assembly of the State of EnglNOOCI, co eo, 10 i Colorado, approved March 30, 1923, ~=.2:.,.2000 }1 and entitled "Legal Notices and t ~ AdvartlMmants" and other acts relat-----------------------------; fJ ' ing to the printing and publishing of legal \Jl notices and was published in the regular ';) I. and entire issues of said ,-spaper, \t, once each week, on the same day of t • ~ each week, for a period of !1 t L ~ ~ consecutive insertions and that ; ;) the first publication of said notice was in ! ;j id ~spaper dat~ } 2000 ~) ~. +-_.c;4,..<E:AO,-""""'taI:f-~~ 'f " The last publication said notice was in ••> (J; @ (J; lhe issue of ~aper dated I. ~ 2000 rt ~~8.f!fec J: ,~ ~ I ~ Subscribed and sworn to before ~ I me , a Notary Public, this ~ f~ JU::)IT H A. BLOEMEN J, 1,0 I NOTARY PU3 LIC ,~ V .-,, ~ Notary Pub lic , STATE r F CC LORAD O :J-'=' ~ 'l u ~1C:;r111::-~::;-:,~,zc:2 o~· ~ ~~~~~~~~~S'S-.~~~~~ .. , I I • 0 - • • • } ' . ',_,.._1 1> • • - PUBLIC HEARING ROSTER March 20, 2000 AGENDA ITEM NO. 9a .. PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL TO GATHER CITIZEN INPUT REGARDING: COUNCIL BILL NO. 9 AMENDING THE ENGLEWOOD MUNICIPAL CODE TO REFLECT THE NAME CHANGE OF ENGLEWOOD'S CLEAN, GREEN AND PROUD COMMISSION TO KEEP ENGLEWOOD BEAUTIFUL NAME ADDRESS ., .. .. I . 0 ·]- • • -• • ... • - BY . .\UTHORITY ORDINA)JCE :-.10 . SERIES OF 2000 COU:-.ICIL BILL )JO . 9 INTRODU CED BY CO U :-.ICIL :\'1E:\IBER ______ _ A BILL FOR AN ORDINANCE AMENDING TITLE 2 . C HAPTER . O F THE E:-.:GLEWOOD MUNICIPAL CODE 1985, PERTAI:'.'JING TO THE :\ . .\.\IE C HA:\GE FO R KEEP AMERICA BEAUTIF UL COMMISSIO!\ TO THE :\EW TITLE . KEEP E:-.:GLEWOOD BEAUTIFUL COMMISSION WHEREAS. the Keep . .\merica Bea unful orga ruza ti on ·s s t r a t egy to r mse a w a r e ness of Keep . .\menca Beautiful's identity as a r es pected n a ti o na l n etwor k of o r ga ru za u on s working to improve the quality of life in Amencan co mmuruues : a nd WHEREAS . the Keep . .\merica Beautiful orgaruzauon 1s en co ura gin g m or e a ffil..tates to join their colleagues in Houston. Columbus . Indianapol..ts a nd Clu ca go by changmg their name . to (city, county, state) Beauuful : a nd WHEREAS , uniting t he Keep America Beautiful affiliate network under a common name will increase national recognition of the Keep Amenca Beautiful organization and, in turn, attract new volunteers, donors and partners : and WHEREAS . this name change and the new advertising designed fo r use by local affiliates, are important first steps in leading the orgaruzation to a stronger national identity; NOW, THEREFORE, BE IT O RDAINED BY THE CITY COC:--JCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Sectjon I . The City Council of the City of Engle wood . Co lorado here by amends Title 2 , Chapter . of the Englewoo d :\1uruc1pal Code 1985 , t o read a s foll ows : CHAPTER 8 KEEP ,\Ml!.RIC,'. ENGLEWOOD BEAUTIFUL COMMISSION 2-8-1 : COMMISSION ESTABLISHED: MEMBERSHIP AND TERMS : There i hereby established a KEEP ENGLEWOOD BEAUTIFUL commission AN AFFILIATE OF KEEP A.l\'1ERICA BEA UTIFUL. INC . of the City of Englewood. to be of fifteen (15 ) persons to be a ppointed by the City Council. ALL COM:\IISSION MEMBERS WILL BE . .\PPOI::-.ITED TO OVERLAPPING TERMS OF TWO (2) YEARS . THE CITY COUNCIL SHALL :VIAKE . .\PPOI::-.ITMENTS TO FILL VACANC IES FOR UNEXPIRED TERMS . The Ci~ Ge tutei:l shttl:I tles1gnttte se,en (i ) members af the Cemm1ss1Bl'l te eel" e ttftttl E>eeemb er 19. 1992, ttntl eight (8) members te se r.e ttftttl E>eeember 19 . 1991. a r the b818nee af a fe~ ( I) )e8P term .. hen tlesig,netetl m1tl term . -l - • ' . 9a I • 0 • • -• .. ~ ,,.. . • l • . . • -.. !!-8-2: ORGANIZATION AND MEETINGS : A. In MMeft NOVElvIBER of every e, el'I l'lttmeer eel year . the Keep ~ ENGLEWOOD Beautiful Commission shall select its chairperson and vice chairperson for -(~) A ONE (1) ye ar term~. The chairperso n and vice chairperson shall be entitled to enter into all discussion s of the Co mm1ss1 on and to vote on all questions before the commission. The chairpe r so n s hall be the presiding offi cer and shall have such other a nd further d uties as m ay be designated by the rules and regulations of the Comm1ss1on . Whe n t h e chairperson is absent. the vice chairperson shall serve as the p res id ing offi cer. B. A simple majority of the duly appointed members of the Co mm1 ss 1on s h all constitute a quorum for the transaction of business. In the a bsence of a quorum , such members as are present may adjourn from tune to u m unttl a quorum is present. 2-8-3: POWERS AND DUTIES: The Keep~ E NGLEWOO D Beautiful Commission shall have the following powers and duties: A. Be advisory to the City Co uncil in all matters pertamrng to Keep Am e ri ca Beautiful. Inc. B . Prepare 11ftfttt11H) a Keep .\mer1e11 ENGLEWOOD 8e11ttt!Ntl m!lete1 plan !er El'lgle .. eee.. CB. Act as a sounding board of the co mmuruty and gather a nd assess t he facts a nd data necessary to make sound recommendations to the City Council in providing Keep America Beautiful semces. The Co mmission . ,nth the !!ppre,111 ef Cettnetl . may form committees made up of Comm1 ss1on me mbe r s as well as citizens as needed, to research programs that call for e xtens ive tim e and discussion. These committees will be advisory only to the lceep .\mer1ea 8e11tttiftti Commission. I} C . Adopt rules and regulations for the co nduct of the Co mm1ss1on meetings a nd duties of its officers and committees. ED. At a minimum meet monthly. F-. The I,eep .\merie11 Beatttifttl C11mmissien shaH e.e, elep a 1,eha 'lerall) easel'l appreaeh t6 !itte1 pre, e!'ltien ane. , 11lttl'ltllr) ree_. eling. G . The I,eep .\fflerie11 Beattt!Ntl C11mm1ssien shall fie ,elep a methee. te 1mp1e,e "aste h11nelm,g praettees tl'I the City ef Engle .. eee.. H. The !Leep .\ffleriea Beattttfttl C11mm1ss1en shall .. erlt te ehange lieha.ters att1ttte.es <tne. praetiee s eaeh persen h11!1 aeettt hane.ling selie. , aste . ~-The I,eep .\mer1ea Beatttttitl Cemml3!1161'1 shall .. erlt te elimtnate the felle .. il'lg !1B tlf'ee s ef litter: +. lmpreper hetteehell'l refttse ptttetttll. i!-. lmpreper eemmere1al rehsse ptttettt!I . -2- • ' ) I • 0 • .. ~ ,.,-,-.. • l ~ •• ... ' • -' &. Unee,e1ed: ,eh!eles . Litter & em lesd:inr; d:eelts . Litte1 &em eenstl'\tetien 11nd: d:emelta.en sites. &. Litter &em metert!ts. T'. J-:. The Iieep .\ffler1e11 Be11\ttitlti Gemmiss1en sh!!H ereate : !!-. A sense tltst eaeh eiti!:eft has s 1esper1s1lnlit) te ele!!n eip .. !lste. E. DEVELOP PROGRAMS Ai'® SERVICES THAT INCREASE CITIZE:sl COMMITMENT TO AND RESPONSIBILITY IN ISSu"ES REL.\TING TO WASTE REDUCTION , ENVIRONMENTAL PROTECTION AND NEIGHBORHOOD BEAUTIFICATION. 4 Sectjon ?. Safety Clauses The City Council, hereby find s. determines . and declares that tlus Ordinance 1s promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. Severab1ljty If any clause. sentence, paragraph. or part of this Ordinance or the application thereof to any person or circumstances s hall for any reason be adjudged by a court of competent jurisdiction invalid. s uch judgment s hall not affect impair or invalidate the remainder of this Ordina nce or its applicat10n to other persons or circumstances. Sec;tmn 4 Inconsistent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Published as a Bill for an Ordinance on the 25th day of February, 2000 . Thomas J. Burns, ~layor ATTEST : Loucrishia A. Ellis. City Clerk -3- ' . .. ' .. ... ' • ) I • 0 - • • • • • -.. I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced. read in full, and passed on first reading on the 22nd day of February, 2000. Loucrishia A. Ellis -4- I • 0 - • • • • ... j. ORDINANCE NO ._ SERIES OF 2000 ,,-·• • • - BY AUTHORITY A BILL FOR .. /!JOvl AN ORDINANCE AUTHORIZING THE MUTUAL SHARING OF CERTAIN EQUIPMENT BETWEEN THE CITY OF ENGLEWOOD AND OTHER CITIES, STATE AUTHORIZED QUASI-GOVERNMENTAL ENTITIES OR SPECIAL DISTRICTS . • WHEREAS , it would be of mutual benefit for the City of Englewood and other citi es . State authorized quasi-governmental agencie s and special districts to s hare the use of certain vehicles and equipment; and WHEREAS . the need for such vehicle or equipment sharing often arises with sh ort notice or on an emergency basis; and WHEREAS , when a vehicle which is needed for a scheduled activity or emergency services is not operable , an equipment sharing procedure would allow the City to borrow the needed equipment on a short term basis ; and WHEREAS , it would benefit the City of Englewood and its citizens to authorize the City Manager or designee to approve the sharing of vehicles and equipment on an as needed basis; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO , AS FOLLOWS : Sectjon l . The City Council of the City of Englewood , Colorado hereby authorized the City Manager or designee to approve the sharing of vehicles and equipment on an as needed basis. Introduced , read in full , and passed on first reading on the 20th day of March, 2000 . Publis hed as a Bill for an Ordinance on the 24th day of March, 2000 . Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk -1 - • • I • ) I • 0 • • -. ---· • • - COUNCIL COMMUNICATION Date: March 20, 2000 Agenda Item: 10 a i ... Subject: Ordinance authorizing the sharing of equipment between the City and other governmental agencies. INmATED BY: Departments of Public Works and Parks and Recreation STAFF SOURCE: Ken Ross, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No previous Council action . RECOMMENDED ACTION Staff recommends that Council adopt a Bill for an Ordinance wh ich would authorize the City Manager or designee to approve the sharing of City ve hi cles and equipment with other governmental and quasi-governmental agencies on an as needed basis. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED From time to time, the City and nearby governmental units could benefit from the emergency sharing of vehicles and/or equipment in order to timely perform the necessary functions of their respective agencies. FINANCIAL IMPACT There could be potential savings from a sharing of equipment as opposed to short-term rental. LIST OF ATTACHMENTS Proposed Bill for an Ordinance . ., I· 0 I • • ,, • . •· .. • • .. I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing ill a true copy of a Bill for an Ordinance , introduced , read in full, and pa11Sed on first reading on the 20th day of March, 2000 . Loucrillhia A. Ellis -2- • .. , . ' I • 0 ]- • • • ORDINANCE NO ._ SERIES OF 2000 ,. • • - BY A THORITY A BILL FOR j!)(J.. i I COUNCIL BILL NO. 16 INTRODUC~CIL MEMBER__.~~"°""""""6--~- AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORADO . DEPARTMENT OF PERSONNEL WHICH ALLOWS THE CITY OF ENGLEWOOD TO PURCHASE SOFTWARE FROM STATE NEGOTIATED SOFTWARE VENDORS. WHEREAS , the State has negotiated master software licensing terms and conditions wluch permit s tatewide orders by State agencies , departments , institutions and political subdivisions from master licensing agreements with software manufacturers/publishers ; and WHEREAS , by the passage ofthis intergovernmental agreement, the ity will be eligible to purchase software using State negotiated softwa r e volume purcha smg agreements ; and WHEREAS, this will provide significant savings to the City by usmg the vol um e purchasing power of the State : and WHEREAS, the Englewood City Council approved an intergove rnmental agreement between the City and State which allowed the City to purchase software from State negotiated software vendors by the passage of Ordinance No . i6, Series of 1998; and WHEREAS , the State requires renewal of this intergovernmental agreement e very two years and the passage of this Ordinance will e nable the City to continue purchasing software using State negotiated software volume purchasing agreements while providing significant savings to the City ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sectjon 1. The intergovernmental agreement between State of Colorado, Department of Personnel and the City of Englewood , Colorado pertaining to the purchase of software from State negotiated , software volume purchasing agreements. attached as "Exhibit A", is hereby accepted and approved by the Englewoo d City Council. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood , Colorado. Introduced. read in full. and passed on first reading on the 20th day of March , 2000 . -I - • I ) I • 0 • • -. .. • ,.-. • , .. .. ,I, ·~ • -.. COUNCIL COMMUNICATION Date March 20 , 2000 INmATEDBY Deoartment of Financial Services Agenda Item Subject Bill for an ordinance authorizing 10 a ii an Intergovernmental Agreement wi th the State of Colorado I STAFF SOURCE Frank Grvalewicz . Director of Financ ial Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has made Information Technology a priority lor the C ity. This bill for an ordinance allows the City of Englewood to purchase software through the existing State contracts at the lowest cost available to the City . Counc il approved , by o rd inance , on November 2, 1998 a similar agreement. RECOMMENDED ACTION Staff recommends that City Council approve the O rdinance authorizing an Intergovernmental Agreement (IGA) between City of Englewood and the State of Colorado for purchasing software from existing State software contracts . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED As a political subdivision of the State , this agreement allows the City to purchase software from State negotiated software volume purchasing agreements . This prov ides significant savings to the City by using the volume purchasing power of the State . This agreement covers Microsoft, Novell, Corel , and Lotus. The City currently licenses software from Microsoft, Novel , and Lotus . FINANCIAL IMPACT None LIST OF ATTACHMENTS Proposed Bill for Ordinance ' . " ' . 'I . I . 0 - • • • .. • --• ,. !··. • • -' Published as a Bill for an Ordinance on the 24th day of March, 2000. Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis , City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado. hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and pa1111ed on first reading on the 20th day of March. 2000. Loucrishia A. Ellis -2 - .. .. . ' ' ' . ' ' ' • ) I • 0 • • -. ,. • • • L~TERGOVER."il'HENTAL ~USTER SOFTWARE LICENSL"'IG PROGRAM ENROLLMENT AGREEMENT THIS agreement, made this __ day of__ 200c, , by and between hereinafter referred to as "enrolling entity," and the State of Colorado , acting through the Department of Personnel hereinafter referred to as The State, WHEREAS, pursuant to section :?4-110-201, C.RS. (1997), any public procurement unit may either participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any supplies or services with one or more public procurement units; and WHERE . .\S, the State has negotiated master software licensing terms and conditions to permit statewide orders by State agencies. de;,artments. instirutions and political subdi visions from master licensing agreements with software manufac:urers, publishers: and WHER.E . .\S. the S,ate is agree:ng to administer such master licensing programs in accordance with the terms of such programs ; and WHEREAS , the enrolling entity is an eligible agency, department. institution or political subdivision under such master software licensing agreements ; NOW THEREFORE, it is hereby agreed that : 1. Tne enrolling entity acknowledges that it has received a copy of the program and licensing terms under: a. Microsoft Government Select Master Agreement, dated ( 11 !w l e, 7 ); the Microsoft Education Select Master Agreement, dated ( 11 /-z.0/c:,7 ); Product t.:se Rights (Addendum A) dated June 1, 1999; all as amended by the State of Colorado Amendment, dated ( I ' / 25 f c, 1 ); b. Novell ~faster License Agreement, dated ( I o/j / 9 7 ), as amended by the State of Colorado Amendment, dated ( I 1 / 1 / C,C, ); c. Corel CLP Universal Agreement, dated ( 11/v-1 /c, 1 ), as amended by the CLP l:niversal Agreement Amendment, dated ( -,1z1 I 't 'j' ); d. Lotus Pas~ort Program, Government Contract Option and Enterprise Option Terms, dated ( .., / 1 / 'f s-), as amended by the Amendment to Lotus Passport Program Government Contract Option and Enterprise Terms, dated ( 1 i/3 /"tf ); and the Lotus Software Agreement, dated ( 11 /, 1'1, ). • "' I • I T A • I . 0 • • -.r---------------~----------- • • - 2. The enrolling entity acknowledges that these agreements contain confidentiality provisions and use restrictions on software ordered under such agreements, and the enrolling entity will disseminate such limits and restrictions on use to its employees. The agreements require that enrolling entities take reasonable steps to protect software and documentation from unauthorized copying or use . Enrolling entities may not disassemble or decompile the software. The agreements also contain specific use audit, self-audit, and reporting/certification provisions to validate compliance with license restrictions. The parties agree that the Department of Personnel shall not be responsible for any liability arising out of orders placed by the enrolling entity or any costs associated with audits or purchases of additional license rig..ts after audits under these agreements . Collection of and/or disagreements over pa:-ment are the role responsibility of the reseller and the individual enrolling entity. In the event an enrolling entity is determined to be liable for the costs of an audit, the enrolling entity is responsib le for an y such costs under these agre::nents . Enrolling entities shall. at their 0\\.'11 expense. satis fy reporting obligations under these agreements with respec: to their own use of software orde:-ed from th ese agreements . 3 . The enrolling entity will comply with the te:ms in th e then-c :ment S t:ne .-1.ward in placing orders under this program. through the rese il e:-acim iruste r:n g the progrJm . Tne enrolling ent ity ""i ll furnish updated infonnati on conc::ning the identity oi its progrJ.ITJ point of contact to the reseller. The enrolling agency's po int of contact fo r purposes of these program is : Name Title or Position Address Tele;,hone 4 . The enrolling entity shall not distribute or redistribute or permit any of its employees to distribute or redistribute files. code or soful.·are (as those terms are used in the I.Vlicrosoft Product Use Rights. dated June 1, 1999 , and as later revised). This prohibition shall apply to any use, distribution. or redistribution of files , code or software that is subject to an express duty of indemnification by the State in the Microsoft Product t:se Rights, as it may be amended from time to time . 5. No software product or licenses may be sublicensed, transferred, or assigned (such as to an "Affiliate" entity as that term may be used in the Microsoft Select Agreements) to another entity except to the extent that such sublicense, tr:1nsfer, or assignment is peroiitted under the terms of the applicable program, and then only if such entity has executed an Intergovernmental Master Software Licensing Progr:un Enrollment Agreement. The enrolling entity shall remain responsible for all acts and omissions of such entities to which it sublicenses. transfers or assigns such software products or licenses. Written notice of the terms of such sublice:ise, transfer or assignment shall be provided to the reseller in a form acceptable to the Division of Purchasing . • ) I • 0 ] • • • • --• ... ,. .. • -.. 6. TO THE EXTENT Al.ITHORIZED BY LAW, THE ENROLLING EN1TIY SHALL INDEMNIFY, SA VE, AND HOID HARMLESS THE DEPARTMENT OF PERSONNEL, STATE OF COLORADO AGAINST ANY AND All CLAIMS, DAMAGES, LIABILITY AND COURT AW ARDS, INCLUDING COSTS, EXPENSES, AND ATTORNEY FEES, INCUR.RED AS A RESULT OF BREACH OF OBLIGATIONS UNDER THIS AGREEMENT OR THE PROGRAM AND /OR LICENSING AGREEMENTS REFERRED TO HEREIN BY THE Boi"ROLUNG ENTITY, OR ITS EMPLOYEES, AGENTS, OR ASSIGNEES. CI'IYCIF~ 'lbanas J. Burr.s, Mayor (Seal) IDuc:r1shia A. Ellis, City Clerk Department of Personnel State Purchasing Director • ' . .. . • • I . 0 xi • • • 1• i, I ORDINANCE NO ._ SERIES OF 2000 ~ .,.. . • • - BY AUTHORITY A BILL FOR ~ JD()._i i L COUNCIL BILL NO . 23 INTRODU~NCIL MEMBER~-~-----'-"~~~- AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "U .S. DEPARTMENT OF THE INTERIOR U.S. GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT FOR WATER RESOURCES INVESTIGATIONS." WHEREAS , the City Council of the City of Englewood approved a Joint Funding Agreement between the U.S . Geological Survey by the passage of Ordinance ~o . 20 , Series of 1996, Ordinance No . 87, Series of 1997 and Ordinance No . 5. Series of 1999: and WHEREAS , stream flow gages located on the South Platte Rive r , are operated and maintained by the U.S . Geological Survey; and WHEREAS , the City of Englewood shares in the annual cost of operating a nd maintaining the station on a 50/50 basis, with the U .S .G .S .: and WHEREAS , this Ordinance will renew the "Joint Funding Agreement For Water Resources Investigations" in the amount of $4,750.00 from the Englewood Utilities Department and authorizes new joint funding for the period of October 1, 1999 through September 30, 2000 ; and WHEREAS , the cost to the Littleton/Englewood Wastewater Treatment Plant is $13 ,,120 ; and WHEREAS , under the Joint Funding Agreement the cost is split 50/50 with the City of Littleton ; NOW , THEREFORE , BE IT ORDAINED BY THE CITY CO UNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon 1. The intergovernmental agreement "U .S . Department Of The Interior U.S . Geological Survey Joint Funding Agreement For Water Resources Investigations", for the period of October 1, 1999 to September 30 , 2000 , attached hereto a s "Exhibit A," is hereby accepted and approved by the Englewood City Council. Sectjon 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Intergovernmental Joint Funding Agreement For Water Sources Investigations for and on behalf of the City of Englewood , Colorado. Introduced, read in full , and passed on first reading on the 20th day of March, 2000 . -1- • .. ) I • 0 - • • -.. • - COUNCIL COMMUNICATION Date Agenda Item March 20 , 2000 10 a iii INITIATED BY STAFF SOURCE Subject Gauging Stations at Union Avenue &UEWWTP Utilities DepartmenVLittletonlEnglewood Wastewater Stewart H . Fonda , Director of Utilities Treatment Plant COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council action of Ordinance Number 5 , 1999 approving the pnor Joint Fu nding Agreement . RECOMMENDED ACTION The recommended action is to approve by Ordinance, an Intergovernment al Agreement for Joint Fund ing between the City of Englewood and the U.S . Geological Survey for October 1, 1999 to September 30 , 2000 for two Gauging Stations . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In cooperation with the U.S .G.S . and Urban Drainage , the City of Englewood contributes 50% of the cost of maintaining the flow gauge at Union Avenue and the flow gauge and water quality monitor at the Littleton/Englewood Wastewater Treatment Plant. The U .S .G .S . funds th e other 50% of the cost . Information from this equipment is used to make calls for water releases from Chatfield to maintain necessary levels at the Union Avenue reservoir and determine state water quality permit requirement for the LittletonlEnglewood Wastewater Treatment Plant. FINANCIAL IMPACT The Englewood Utilities Department cost of funding the Union Avenue station is $4 ,750 . The cost of the Littleton/Englewood Wastewater Treatment Plant Joint Funding Agreement , which includes the gauge and monitor. is $13,420 . This cost is split 50/50 with the City of Littleton. The total cost for maintaining both gauging stations is $34 ,950. The U .S .G .S. contributes $16 ,780 . The funds are contained in the 2000 budgets LIST OF ATTACHMENTS U.S.G .S . Joint Funding Agreement Bill for an Ordinance I • 0 • • • . . • • .. Published as a Bill for an Ordinance on the 24th day of March, 2000 . Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood. Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced , read in full, and passed on first reading on the 20th day of March, 2000. Loucrishia A. Ellis -2- ) I • 0 • • • t • ORDINANCE NO ._ SERIES OF 2000 .. ~ ,..--- • • - BY AUTHORITY A BILL FOR ~ 10 ()_ iv COUNCIL BILL NO. 27 INTRODU~UNCIL MEMBER~~"'ff"~~....._~~ AN ORDINANCE AUTHORIZING THE VACATION OF WATER AND SEWER EASEMENTS LOCATED AT ENGLEWOOD CITYCENTER. WHEREAS, water and sewer lines, with easements, existed to serve Cinderella City and other off-site properties: and WHEREAS . the redevelopment of the CityCenter property require the relocation of thoee lines; and WHEREAS . certain portions of the easements have previously been vacated in the Wa!Mart development; and WHEREAS , the City no longer needs these easements for water and sewer lines ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY CO U NCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : $cct,jgn 1. The vacation of water and sewer easements located at Englewood CityCenter, Subdivision Filing No . 1 and recorded in Book 1807 at Page 691 and as amended in Book 4345 at Page 703 ; including a portion of said easements previously vacated and recorded at Reception No . A9182368 , is hereby approved by the Englewood City Council. Introduced, read in full . and passed on first reading on the 20th day of March. 2000. Published as a Bill for an Ordinance on the 24th day of March, 2000 . ATTEST: Thomas J . Burns, Mayor Loucrishia A. Ellis, City Clerk I , Loucrishia A . Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 20th day of March, 2000 . Loucrishia A. Ellis -1- • '· . 'I I • 0 • • -• Date March 20, 2000 INTIATEDBY • • - COUNCIL COMMUNCATION 10a iv STAFF SOURCE Subject Vacation of water and sewer easement at CityCenter Department of Public Works and Englewood Environmental Foundation , Inc . Rick Kahm , Capital Projects Manager/ Director Englewood Environmental Foundation COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This action supports redevelopment of CityCenter. Council approved Ordinance No . 44 , Series 1984 granting a water line ea se ment at Cinderella City Counicl approved Ordinance No . 55 , Series 1999 vacating a portion of the easement RECOMMENDED ACTION Staff recommends council approval ol a Bill for an Ordinance vacating the water and sewer easements recorded in Book 1807 at Page 691 and as amended in Book 4345 at Page 703 , Arapahoe County Records. These water and sewer easements encumber the Englewood CityCenter Subdivision Filing No. 1. This vacation includes a portion of the easement previously vacated by Ordinance No. 55, Series 1999 recorded at Reception No. A9182368 . BACKGOUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Water and Sewer main lines crossed the Cinderella City site and served other off-site properties. Easements were originally recorded in 1969 to protect these mains. The location of certain lines were changed with corresponding easements recorded in 1984. Redevelopment of CityCenter requires the relocation of all water and sewer line on site . Installation of the relocated water and sewer lines is substantially complete . All of the new sanitary sewer is active and 95% of the water mains are in place. The Departments of Public Works and Utilities recommend the vacation of the old easements at this time . Easements for new water and sewer lines will be recorded as properties are sold and close . FINANCIAL IMPACT None LIST OF ATTACHMENTS Bill for an Ordinance Copies of easements I • 0 • • -• • • - · •... - -~·"!. ~.. • ... -· 18 0 l--I: t I .t.f-lf-6} ··-· ... -·---· . -, ..... -. ® ::·. G•!I OP PB5P!t (Vatar and s-r Llnee) IIH I 807 1111691 ~· . ~S GMlft'. -and •-tad H oC t.11e ~ day of? ,• • 1./. by and bet-11 C.VlT.U. AU.tlUICZ COIU'Allr. • Colorado ,...ral partner•hip. •• Owner inf•• of referr~d to•• "C:.pit.1"). 111:W ~. L.'"D •• • Coloredo Uaited partnaulup. H aolder of t.lle la•Nhold ntat• in an4 t.o the Preai••• herciutt.e~ ref'erzN to (both of what •r• hereinafter acaetiae• referred to collectively •• •crantor•) •nd CITY or EHCLEW<XX>. • a1111icipal corporation (scaetiae• herein•tter utter red to •• •crantcc• J l. Ci-antor has caused t.o tie co:ist:uctec! and installed in and upon the Preahes -d on4/or lcaacd by Lt known •• New ZncJlcwood Shoppin9 Center .. En9lc'-'00d: Colorado (hereinafter the •premises•), certain .. in or pri11cip.1l water lirws and connections. valves and ot.hc: related f2:ilitie: (he :einaftcr 8G11Ct.UN• referred to as tJlc •1incs• or •a.in lines·). to provide water and :ewer scr·.1icea t.o the ten•nts arw! occupant• of ••id Prc:aiscs. ti:WMrous secondary dis::ibwt i on oi: collection ~ter and ac\o!Ct lines II.Ive Dec11 •nd will be conncctecl to such ••in line: in ortc: to provide watc: and •·n.1.ury aeue: ac:vicc t.o t.l\c p1rt.a..:u.lar •tores. o!'ticcs and otJ\er speer.a wi.th i n the Pr,,..ai::cs and to provide !'or reniovial of •vrt•ce wa:.cr. Such ••in v.»tcr and aewer liac: are connected to •nd !or-Ma part o! the •unicip,al water •"'1 K""l:t ayatcaaa of the City o!' c .,t;lcw:,:,d and GOl'le of au.ch •ain lines for• a portion o! the a.1ir. t:an:.,s::ion lines of t.hc au.nicipal •>·:t-:ni: 11nct scr\'e othc: pr.:3ii!cs ancJ area: withi n the City of r.nqlcw:.:ttJ. • I • 0 t • • .. ·-··---- • • ·.' .. • -.. • 1807 ut!l92 2. Slldl -1.a "9ter and N11i1191' line• var• coaatzucted .lly end ·et· tM ...,._ of Gso11ur vltll UN latanuoo and l. Title in ea4 to a ...i.auaU•l porUOft of tM lu,da or aor• portJ.ona of aach 11.N• •r• located in, under or aero•• land• retained or to ba retained by Crantor and th• purpose of this Crant of z.s ... nt la to tran1far and convey untn Crante• the ownerahip of ••id .. 1.n wter and •ever llnea. •1ntau , connccti~. va1¥e• and related f..:llitica and U.. htlreinafter de~r.Lbed r19hta end ee .... ata in connectioa the•aviU.. aubject ~ver. to tera•, COl'Mlitiona, seMrvat,Wtna and provisions hereof . -· THEIIU'CIIE, ia co11alderati011 of the •-t •f TtN .DOI.LAIIS ($10 .00) and otllcr 9004 end valuoblo co11aidc1otion, the Crantor, and in further c:onai deration of the autual covcni1r1t1 and a9recacnta herein contained. Crantor 1ranta. transfers. convey::, quitclaiaa and a1si9n1 1;.nto Crantee the followin9 title , rit;hta and intaresc.s a1i1bject to U\c IMlrcinaftcr descr i bed coven.ant;. condit~on s •nd reaervations . 1. Crantor IMreby 9ranta. conveys. transfers •nd acai9ns unto Crantco all of its ri9tn. t i tle and interest in and to the pipes, line,. syr:tc••. conACction1. valv.a and oth.:r -?- • -T il .,. r~ ·a$ ' -~ . . ;;f .. ::· ;-:,~t .p-,~ J~ ;-:::·!· , -:.'• .~ ?~\ ) I • ]- • • - r ! l- 1 I I ... ... ,. .,-. • • - .. ·._:_;_..;..: .•. ____ _ '. ··-------- and807 flll693 -• end -~to--• 11-• deecdl>ed 1117 1eteruo:e to uieir lN:HiDH on bllibit 1 .... 1c11 b •ttec:loed MHU .... incorporat•d bcnin llJ reference. the •pproaMUt.e courN and location of NIN of ""icll liM• er• •-end depicted DII UNI plot Htached hereto end incorporated herein u &ahil>it J. 9nnt.• 11nt.C' crantN. it• eucceaaora and •••i9na. the ri9ht.. pa:ivile9e aod auchority on• noneacluaiwe t..aia to enter th• pnrtion of th• ahoppin9 center prea.i-• Hreiufter dcacrlbed lllhich i• owned by Grant.or, or it.a aucceaaors or •••i9na, to .. int.ain. reconstruct, repair, replace and operate the water and M""lr ay11te.•, lines, pipes, valves and other auch facilitiea hereby conveyew. l. Grant.or hereby grant.a and quitclaills unto Grantee. ·· lt.a ncccasor• and •••i.9na. • nonexclusive eaaeacnt tor t~.e operation and use of the •y•t•••• lines, pipes. valvl'a and other auch facilities hereby transferred and conveyed. :St.abject however. to tl\e hercin•ftar dcsc,ibcd proviaions. 4. ay •cccptancc of the within canve)·•ncc. Crantce ag,ciU tu a1st.a.,c t.l\c coat aftd expense ot ••intcn•ncc. ,cpair. rcplacc.cnt and rccona:.,uction ot the conveyed tacili tics. to .. intain a1i1ch line• and tacil1tica i:, • 9aod and o;,cratin9 condition and to ••ped.1.tioualy rc;a,air or repl11cc any da••CJed or dcfcc:ivc portion thcrco! to the end U\a:. Cranto:. iL~ Gucco:~or:. •••i9:aa. 9rantcc I o1nd lc11cca. ahall recci vc 900d aftt adcqu•tc "liter. sanitary acwer al\d stora aewcr acrviccs wic.:,Ch:t unrco1:on,1blc lnter.:uptiona or dcl,1y:1. -)- ----~-~- ..::.: ... rm•-•• HMM C .... • • .. .. . , I • 0 - • • .... • t ",• • - : .. -.-- _, 807 1111694 . s. Granto& AMSW8 the si91lt to ·-and :,cc,,9:, tile posti-os pozU,.. of lt• Ps-iau tnws-by the 11-e Iles~ ~. iacllltillt tlle rl.91lt to ~ouvct and -inc.in .z.aovw•. daaat•• or deatror• any property of Grant.or 1n connection vi.th the uintenanca. repair. replac ... at or reconat:r\letion of r~place. reatore or ro;,,air audl property ao t.Allt it will be in the • ._ condition •• eai1ted prior to beln9 reaoved, dA1U9ed or destroyed: provided however. lf Grant.or or it• aucceaaora or aaai9ns ahall hereafter erect any buildi119a or 1-provcaenta (othe: than concrete or other tu.rd aurf•CJ alaba auch •• for · ~rkincJ aroaa. ai.5ewalka or atrcota or other Ulan landscapin9 or oc.her auch decorat.1"8 facllltiea). t.t.c Grant.or. or its aucceaaor1 or aaaipa. •• the caae .. y be. aMll pay the reasonable additional cost.a of NCurin9 acccaa to such lines and facil itica for repair and replacement p.upoaea and of reatoraticn. repl•:c- aent •nd repair "f the buildin9a eftC: i.-proveaent• resultin9 froa auch required repair or repl•ccaont. The p•:tica •l•o •t;ree hold Mnale•• Cr•nto:. •nd ••ch o! ~ •• t.heir •ucceas:u1 ar.d li•bility and cxpenae wt\Ataoever ariain9 or reaultin9 froa the oper•tion o: C:r•nt-:e•a fa:ilitiea or the cacrcia&: of the ri9hta . privile9e:: 1.,d authorit.ics 9rant.c:d !\ere in to Cl'ifttce • -4- .-·-. ------· .... .. ·~· . . · .. ' • ·" , ' " 1Joo • -•• , • • r "· ~ #I " S·.· .. I • 0 J •: ~ -· • •,, • -' -·· -~~a :•-·••:Z::=a#~··-.·~--·~·--- . . a• I 807 u695 7. !'be part.le• atr .. that all ri9hte, •••-.ent•. lnt.ere•t• 8Ad privile<JH herebf 91"en and 9<anted Mto Grant•• ol\all teralnat• vlt.l\ reapect. ·to the water line• and tacillti•• and/or aaaltary ..... r iu ... cceoooro or aool.9ft•• ohall faU for a period of ob Ul -ntho to -iat.ain and operate auch vat.er eptea. at.di auitary aever •rt-or a11ell at.ora ....,.,. apt.ea or in the e..nt that :rant••• or lta •ucceaec,ra or •••19"•• abandon• any of auch apt•... Jft the ewent of auch a tenaiutlon under thia para9raph. all ·•Cl'li,-.~t. faciUUeo and other property of Grantee vlthi.n 011ch Uneo and facilitho ohal1 be and bee-the property ot Grantor. I. Grant.or reaervea the ri9ht to relocate. at. it.a expenae. fro. ·ti-to tiae, all or any FOrtion of the line• and facilities herein conveyed and the eaaeaenta and ric;hta o! way related thereto to other location• and couraes within the Pr .. iae.a it auch reloc•c.ion la necessary or desirable in order to perait the con1truction. r~- eonacruction, replac ... nt. repair. adclitlOft to. reaodolin9 or rcaoval of buildin9a or other iaprO¥caent• vithin 1uch Preai1e:. provided that such re location 1ha 11 be dcsi9ned and acco:11pli 1hed ~n • Mnner ao •• to avoid 1nterru~l0ft or interference ,,:1th water or aanitary 1cwer acrviccs to the t:usto.:ra of Cran tee' 1 water and aanitary sewer sy1tc•• or vith the rcaisonable operation u! Crantcc':. at.or• sewer 1y1tca and provided further, that the location o( the ·-. relocated lines and related f•cilit i e: ah•ll be subject to the i;:io!' approval ot t.he Grantee, vhich approval will not be unr•a1on•bly rcfu1e-d or delayed ao lon9 as the lines, •• relocated, 1rc o! at lca~t equal quality to those bcin9 replace,! and arc c.1p,blc o! acrvin9 the Crantec'1 autoacrs in 1ub1ot•ntiall:,, as ••ti 1fa1:cory ·and .~ft'iclent .. ""er •• there~oforc. %If WJ'nl'US t.11ECO!'. the undcr,i9ntrd h.a•.1c caccut :d thi s -:'·- ·--------· ·/::· • ) I • 0 :i :, • • -• ,. • .•. • - '.·· .. ··-1' . ·' .. --··· --------'-:-=:-----.-, .. .. ,so111ae96 ln•U-t •• of U.. day and r•r lint •-writt•n, .. ~-. The forc9oin9 in;rwaent waa ack:iowled9ed before ac thhfl"ll. day of 2?, ~ , 196;'. by AL,cr:t:: A. J.J; 'r •• a General Partner of CAPil'AL A~IIC:~ COtt.PANY. • Colorado 9enero 1 partneuhip. My caa.i••lon expire•: STATE or COLORADO , ... CITY AND COUh"TY or DEJIVERI Witness •y "•nd and o!!ici.11 •c:•l . My COfNli •• a.on cxpi res: ,..-;:;c,.;, 11oury "'blic i The undcrai9ncd, CITY or EIIC: .. n:ooo. a -,nicipal -•- ASHE \ I • I ;-· ... I • 0 ., ·-., ,. ; i I ! i r . i • i I ' i·. , ; • • • • - ________ ...___ ··--_____ ....;_ _______ _ -, e01 lllfS7 • IMre!t)r ACN~ aach true OD tM Cera. --.iuu..,.. tholrei.ft .. c-· ,~~ ...... -accepo Che for...,111, .... -..c, 111 auboc.lcuuon :~--.;. . . CIT'I' o, EIII.LDIOCID, a -icipol corporau- ~ ~ ~ ...,,..r _,_ • .... --•---I • -.,•~• ·. ·.,,. ~-/ .' ~ . ,,.... -~~-" :.."' :-·~1-~ ... -·.. : -. ., ,, • I I • 0 ..... I · • • -• .. ~ ,,-. • ' . . • -' Deecript.iOII of tocat.ion of Main Vat.er. Sanitary S.ver end Stora s.-,.r Un•• Wict,1n Pr-1••• Jtno.,n •• •-En9l.-od Slloppl.n9 CfflUr I. Lin• A -12· Di.-Ur Water Min . II . ..,l.nainf at the =,..,..t-•t con,er of Section :M, T. , s •• a. 61 v. 6th P.N •• County of Arapahoe, Stat• o! Colorado: thence Northerly a lon9 the lle•t Une of aai.d Secti.c~ 3' a 4.;.acaace of 61.0 feet t.o a point on the 11orth a.o.v. line of We•t. ... pden A•enve: thence Eaaterly and I lon9 aaid •ortll a.o.v. line an ang:le to the right of ,0•01·26• a diat.ance of' 2 L. Sl feet. to a point vl\.ich ia the true point of be9i.nnin9:thence Northerly an an9le to the left of 1,• 11 •oo• a di•tance of 11.0 feet to a point : thence Jlortherly an a119le to the left of ,•11 ·20· a diatance of · llO.O feet to a ,oint: thence Jlortherly an •"91• t..> th• right of 2•21•00· a diatance of 4lS.I feet t.o a point (vhich ~int i• hereinatter deac:ribed •• the point of beginning ot "'ater .. 1n line• •a• and ·c·): thence con- t.inuin9 along the .... course • di•tance of 241.,2 feet to a point: t.hence Jlortheasterly an an9le to the ri9ht of' ,45•00·00· a distance of C4J. 75 feet to a sr.,int: thence Northerly an an9lc to the left ot 45•00 ·00· a distance of S.02 fef"t to a point whicll l• the point ot: endin9 of the a fore .. ntloned vat.er .. 1n llt1e• ·a· and ·c·: thence con- tinuin9 alon9 the ••ac course • distance of' 107.l feet to a point on the North line of the SW 11,. SW l/4 of add ScctiOft )4. le9.i.nni119 at the r,o.i.nt ident.i. f.i.ed .i.n the above description for water aain line ·A· ae the point o! br9innin9 of "'at.er aain lines •a• and ·c·: t.hcnce Easterly an angle to the ri9~t of to•oo·oo· a diatance of 501.l feet to a poa.nt; thence Southeasterly an an9lc to the ri9ht of cs•oo ·oo· parallel to ar.d 11 .0 feet Northeasterly of Colu11t..'\ Linc •44"' a distance of ll6.0 feet to a point : thence ~orth- caste:ly an an9lc to the left of to•oo ·oo· a dia:.ancc of 2)7 .o feet to a point; thence Northerly an an9lc to the left o! .cs•oo·oo· • distance of 201.0 feet ao:-c or less to a · point Mhich is Southerly of CC\li.amn Linc ·Jt· an,1 16.00 feet Northeasterly of Coluan Line ·s,·: t.hcr,ce Nurthvcsterly an angle to the lctt of cs•oo·oo· p,,rallcl ,, an,1 lC..O feet Northc•:acrly o! Col~ Linc •s,· • ti,t.ancf' o! C,ll.O feet to• point : thence Wc~tcrly an ani;lc to th~ l~!t :)! .cs•oo·oo· a distance o! 1s,.o feet.. to a poin:. o! intcrscctitin v!th the abovc•dcsc:ribcd v.atcr a..ai.ft line •A•. In:~udinq a11 fire hydrant• and •crviccs le.adin9 thereto. .. ·. ·.· .. . : .. :~ .. ·.:~·· . • . . I • 0 - • • .. .. .,.-·· • t • .. • -.. ·_ -... .. . ... ! . . -. . . ! ' i, '· ' I I \) !J}/ / / • \ ' tv. "" I ~07 11•699 le9LN\Ln9 at the point 1dentitied in the abow "deecrlption for vat.er -1n line ·A· •• the poiat. of be9innln9 of Linea •1• and •c·: thence lleaterly an an9le to the left of to•oo•oo• a dhtanca of US. l feet to a point: thence Southwe1terly an •"91• to th• left of 45•00•00• parallel to encl ·10 ,0 fHt Morth- -atarly of Col-I.Lne "MK" a dhtanca of 411 ,4 feat to• point: thence •or~•terly an an9le to the right of ,o•oo•oo• parallel to and 10.0 feet •ortheaotarly of Col-I.in• •1r a dbtanca of lU.O hat to a point: thence worcheaaterl: an an9le to the right of 90•00·00• parallel to and 10.0 feat southeaoterly of Col.1,11111 Line -:z• a dlatanc:e of 120.0 fNt to a point: thence Ea•terly an angle to the ri9ht of 45•00•00· a di•tanci of SOl.O feot to a point Oft line ·A· referred to •• point of endin9 linca •1• and •c•. I~cluding all fire hydr•n.ta and aervicea leading thereto. Sani :.ary Sewer llo. l. k9innin9 at the Southeaat corner of Section ll. T. 4 S., ll. 68 w. of the 6th P .M.: thence ·"ortherly :along the Ea•t line of ••id SectiOft lJ . a distance at 68 .0 feet to a point on \;he North Jl.o .-·. line of We•i: Hanpdcn Avenue; thence Wc•terly along aaid 11ort.h a.o.w. line , an &n9lc to the left of 8'"40'l2", a distance ot 4l9.75 feet to a point vhich ia the true point of 'be9innin9 : thence Northerly an au9le to the ri9ht of 11•45 · 30• a distance of ll9.•4 feet to • point. where an existing City of Englewood aanitary aewer aerving pcopcrt.i•• located to the West join• thia lin .. thence Nor1;hwe•tcrly an angle to the lett of 4)•.21·00·. a distance o~ 556.)S feet to a point ; thence Northeasterly an angle to the ri9ht of 89°52 '40" a distance of tll,40 fact to a i,oint (which point for the purposes of the with i n desc:riptiona is idcnt.i fied as ·1ioint A. Courie 110. J• and wh i ch is the point of bc9inr,ing o! S.anitary Sewer .. o. 2): thence wortherly an •~9lc to the lctt 45•29 ·20· a distance o~ 78.S feet ta • point on the North line of the SC l/4. SE 1/4 of said Sectil)n ll : thcnci.• continYi~9 alc-n9 tt\c a.lse course a distance of S84.7 tect to• point : thence E~sterly an an~l e ta the ri~ht ot 1,•2 2 ·10· a d j st.ance o! 1Sl.16 feet to• point which is JO.O tee t West ot the £;1s t line ot s.:a ~d S<::etion JJ . (frlo:e : The port i o:, o! the foreqo ir.9 line lyi~9 North of the North l i ne o! the SC 1/4 ot the SE 1/·l o! Section ll i1 with i n lands leased by Crantor and ia nut shown o : dep1c:tcd on bhib1:. 2 ) • V. So1:1 i tar~ ~~er No . ::. k9 i nn i ng at the point id4:ntitied in t.he •bovo: dt-sc:ription for S.anitary Sewer No. las •point A, Course No . J•: thence procccdin9 l:•sterly an an9le to the ri.9ht o! •J•s2•40• a dis t anc:e of l4l.O feet to a point : t:"lcncc Saut~erly an ~nqle to tl,c right of a,•c:·co· ,1 d i stan~e of S8 .6 feet to o1 po i nt ; t.hcnc-: So"thc.:ast.c r ly ,1n anq l c to the left ot 44•42 ·00· p.ir.allel to ,nd lG .O te :t .:o:••,· easterly o! Col11::u"1 L i nc ·57• a d i at.:a:,:c o! )79 . l feet t,· -:- -------·· -.. . ...... • ~- ~:. ~f~t;. :.~-~:~~ .. ! ' ) ' .. . I • 0 - • • .. ~ --. • • -' ,. · ~ ~ · . I : ' · 1 p; .:• .. ··-~ .·. -----·------· ---· 1m I 807 1111700 . a point: the11ce Southeaeterly an •"91• to the right of n • J8 • oo• • dbt.ance of le4 .o fHt to a poi.nt: thence-Eaaterly an &1191• to t>M lett or 76•Ja•oo• a cUatance of se., feet ta • polnt of lnteraecuon vi.th Saaiury s-r IIO. l (•1-bei."9 the locat:l.on of llanhole · •o. 1 of aaid Line llo. JJ: U..nce cantinuin9 Eaaterly alon9 th• .... cour•• • dlaunc. of '42.7 feet to a point: thence SoutheHtarly an •"111• to t.he ri9ht of u•oo•oo• a dhtanc• of 251 .1 feet to • point l.n th• alley betveen Soutll -,.114 Soutll Cherol<H StrHta, aal.d point ta.in, • point of ~nteraectlon vltll C:ity of Zo9le'lli'OOd aanit.ary a.-.ra ruMirHJ froa th• South and Sntheaat. VI. Sanitary s ..... r •o. 3 • .. 9innln9 at the point identified ln t.he above deacriptiDfl for Sanitary s-r •o. 2 H "llanhole •o. 1. I.in• •o. J• (auch point being • point of interaectJ.on vit.h t.he abowe described Sanitary Sever 110. 2): t.hence Southerly parallel to and 5.0 feet Weaterly ot the hat retainin9 vall or the New Englewood Shopping Cent.er parking atructure a diatance of 4 so., feet to • point : thence Sout!'ti,,,eaterly an angle to th• right of 76·oo·oo· a di•t•nce ot 108 .0 feet to • point vhich 1• l. S feet Northerly of th~ South retainin9 wall of ••id perking •tructure : thence West,!rly an angle to the ri9ht of 14°00 '00" parallel to anJ ).S feet Northerly of ••id Sout.h ret•inin9 vall a di•tancc o! 90.6 feet. t.o • point vhich i• the end of Line No . l. vu .. Stone s.,...,r_110. 1. ____ _ 8e9innin9 at t.hc llorthca•t corner o, the SE 1/4 ot the SE l/4 of Section ll, T. 4 s •• ll. 61 w. or the 6t~ '·"·: ·· thence Westerly alon9 the North line of s.aid SE 1/• of ·t.J'le SE 1/• of Section ll • distance of 240. l feet to • poin':. vhich i• the true point of be-c)inn i n9; thenc-t sout.h- vc1terly an an9le to the left of ,a•so·oo· a di1t~nce of ll .,S feet to a point vhich is ,.o feet Nor:.hea•t~rly of Colr.MM Line •42• and 16.0 feet Northvesterly of C·>lua"I Line ·ccc·: thence Southeasterly an an9le to the le!t of J6•so·oo· a distanc.-of l6.7 feet to a point vh.ic:, is ll .O feet Southwesterly of Colu11111 Line •42· and 1-i .O feet Northwesterly of Colu.,_ Line ·oaa·: thence Southw.:stcrly an an9le to the ri9ht of 60•40 •00· p,arallel to an,! 16 .0 fee:. Northwesterly o! ColuMn Ljne ·eoa· a dist~nC•? of s,4 .0 feet to a point 4 .0 !cct Northc~stcrly of c,,i..,"'" L i ne ·2)•: thence Southerly an an9le to the lc!t •>! 4S•oo ·oo· a dia:ance o! l4S .l6 feet to a point whi.ch i:. -'.lS feet. Southeasterly o! Col1.11an L1ne ·w· and 1 ,;.o feet Northeasterly o! ColuMn LinC' •is·: thence S0uth~a .1t.erly en •n9le to the lei• of 4S·oo·oo· por•llel to and 16.0 feet Northeasterly of Col111111 Line ·1s· • distance o! lS0 .15 feet to• point vhich i s 2,l feet S0t.athea1~erly of ColullW\ Linc •.1,3•; th..-nc• :;outhc~sterly .Jin an9lc t•> the ri9ht of ls•oo ·oo· a diatance of Sl.O feet to a p,int : t.hencc Southcrl~· an an9le to the ri9ht of 10•00 •0,J· a diati:nce of ll4. 7 feet to a point on the No:th ri •1ht o! way l i ne of West 11.1 .. pdcn AvC'nuc-. . )• • i I , . I ! . I ' I • 0 • • - p ,,-. • .. • - VIII. Stono s.-: JIO. l • 1111 I 807 11ii70 I ll. x. .. <,;inning at • point -,t\ich i• the interNcUon ot th• IIO<th U-ot HcJUnle1" • Slll>dhhJ.GD wiui the We•t right ·ot ""1 li.ne ot South Cherokee SUeet; ti.enc• Weaterly along c.be MortJ\ line of aaid •IIW.l•i•iOft • di•tance of 111.0 f••t to • point which i• tlle true poJ.11t of be91Nun9: thence Moct.llerly on •Dtl• to U.. right of ,o0 oo•oo· • dbtance of 16.0 feet to • p~int : the11e:e Wuterly •n a119le to the left of ,o0 oo•oo• along a line parallel u and 16.0 feet llonherl7 of the IIDrth line of Mid elll>dhidon • dbcance ot :ioa.o fMt to • point (euch poillt beJ.119 the poillt ot illtenection vi th • CJ.t7 of Entl-au .. -• line nanning hoe the South): tl\ence continuing Weaterly •lont the •-• courae · • dbcance of 125.0 lfft to0 a point; thence llort,..rrl1 e11 a119le to the rl.9ht of 90 oo·oo· a dhtance of •108.0 feet to • point whe.re the. line inte.raecu vit.h Ulu Little Dry cr .. t l>i¥9raion Conduit. Stora -· IIO. J. lc9 i nni n9 at • catch batiin located a: t.J'le trlorth~st. corner o: t.h• interaection of South Delaware $tree t a nd Weat Floyd Avcm.ae: thence Southveaterly • d i atance ot 19S.O feet to a point ot interaection -wit.A the Litt l e Dry Creek Di veraion Conduit at a point on the IIOrtn ... e••t•:ly aide ot ••id conduit opposite t.J\c jW\cti on of ••id condui t vit.J\ the •bove-desc::ibed Stora Scwc: No . 2 . S;,ur Line troa Sanitary Sever No . l. ktinnir19 at t.J\e point identified in the above dc•:ript i on tor Sallitory Se-r IIO. 2 u "ltanllole M:>. 1, Linc •~. )• (•uch point being • point of inter•ection with th~ above C:cscribcd Sanitary Sc""'r Ho. 2); t.hencf Soutf\crly ?•r•llcl to and S .O feet We•terly ot the E••t retai.ni"9 w•ll of tJ\e ,.."" Englewood Shoppin9 Center p.rkin9 •tructun,. • distance ot 4S0.4 feet to a point on $.lnit.ary Sewe: Li nc No. l. Wh i ch point ie the true point ot be9innin9; thence Sout.hcastcrly on an an9le to t.J\e left ot 4S0 10·05,• a d i :t.1ncc o! 20.S feet to• po1.nt on t!\c West ri9!'lt o! way line o! Sou:h Eli1ti Street. :u. S;,ur frcn S•nitaq• Sc""'=r No. 1. ;·, "~ ·. ,_ .. • ~-~~ _:_-' ::~.: ~ ~-~-"[.:_: i r • ac9innin9 at t.hc Southcost corner o! Scc:i :»n ll. ':'c...-n:ta i p 4 Sout.h . Jl.iangc 6t1 Wc:t o! the 6th '·"·; thence N:,rtherly •long the E•:: line o! ••id Sc ,:t i on 33 • distance cf 68 .0 feet to • po i nt on the North r .~9ht o! way line o! •·cs: H••pdcn Avenue : t.hcncc We:tc:l!' alo~~ aau~ NorLh :igh: o! w::ay line an ang l e to the l~:t u! 19 <0 ')2· a di:un:e o: ,._,.l!f. 75 !cc : to tnc po.in: o: ~~1in:1i n(! o: the aoov1.·-~c::c:ibec! ~ni t•ry S..-""'C: No. l : thence Nc ·:-the:l)· an an9le to the ri9ht o! 89°c5' 30"' •nd •lon9 ••id Saritary Sc"'C: N:.. l. • distance o! 119 .44 tcct to • point. vhich point is the true ;ioin:. ot be9innin9 ; lt,cncc \.o'cstcrly 1n 0"9lc to the left of l0°oo·oo .. • distance o! )l .O feet. •01.: or les:. to the Wc:t line o! t.ho proper:~· of Crantor1. _,_ II • ) I • 0 • I I j • • - .... :· { • r --.. • • • • am 1807 11a702 XII. Mi•cellaneou• Min Water. S•nitary ,....,.r •~d st,~ s.-.r Line• located •ort.h ot Veat Floyd AYenue af\d betveen th• we,terly r i9ht of way line of South aannoclt su .. c and th• ••tended laaterly line ot South :herok ... St.r~t- A. Water Main. C:-nc:in9 at the South .. ot c,omer ot Lot 14, Abbott'• Subdivhion, Sec,ond ril1n9, City ot Enfl.-od, COlorado, whicb point h oleo the inteuecUon ot the ,orth line ot the South 1/2 ot th• Southve•t Quarter ot Section )4, ,-,.ahlp 4 South, 11111119• M Veat ot the 6tll P,IC. with the Veat r19ht of -:r Une of South -SUHt: thence Southed:, al-~he lleot ri9ht of -r line of South .. Mock Street • diatance of 1.0 r-t to : point vhJ.ch 1a th• true point of "-9inni"9: thl'nco VHterl:, an an9l• to the ri9ht of a,•55• 10• penUel to and 1.0 fHt Southerlf of the Hid llorth l~e ot th• south l/2 ot the Southweat Quarter of Sect.loft >•. • diatance of 266.0 f••t to • point on tl\e l:Ht rl9ht ot way line ot South Olerokee Stl'eet. a. Sanitary Sever Line•. l. Coatiencin9 at the Southea•t corner ot t.ot 14. Abbott "• Subdi·,ision. Second Pi1in9. tn9lewood. Colorado, which point le al•o the iftteraection of tlle North line of the South 1/l of the Southvc•t Quarter ot Section 34. Toii.mahip • . South. bn9c 68 West ot the ,ch P.M. with the Weat right ot vay line of South aannoclr. Street ; thence Southerly alon9 the aald Weat rJ9ht of -·· vay 11M of South .. ftftOCk Street a diet ance ot ·· 109.4 feet to a point vhich la the trti1.-polnt of be9iMi"9 of thia line: ~hence Norttlve,terly an an9le to the ri9ht of lk•oo ·oo· a liatance ot Js., feet to a point : tl'lence 1torthwe1terly an •"91• to t.l'le left of 12·•s·oo· a di1tance of lJS,.0 feet to • point (which point i • dcscribe-d and identifi .ct in the following dcacr i pt1on• •• the •lntcrsectlon point·,: thence tlortMrly an an9le to the ri9ht of Se•cS 'Ot]• a diatance of 11.1 !eet to a point on the North line of 1aid South 1n ot th~ $01,1,t~est. Quarter of Section ).C . 2 . ae91nnin9 at the above described •intcrsr.ction po i nt•; thence Westerly a:"I angle to the· le!t of J1•1s ·oo· alo:,g a line p,1ra1lel to 'lnd 19.0 feet Southerly of the llorth line of aajd South 1/2 o! the Sou~hwest Ouarter of Scctio11 l.C. a c!latancc-o! lll.Ct Ceet tr--, point on the E.a$t right o! v .,y line o! South C:herokcc Stn:e:. l . 1k9 i nnin9 at the above described •intccsection point·: thence $Ck;therly an an9le to the lc!t o! 121•1s ·oo· a dis: .. nce o! 110 .,1 feet: to ,1 point on the North r i9h:. o! way line o :! We$t Floyd Avenue . c:. Storta Sewer Lines. l . C:CMM1Cncin•J At the: .'lbovc de~cri'::,cd S>uthc.ast corner ot Lot 14. Abbott •s S1,1,bdi•,i1ion~ Se-:ont . ~- ···---~ •;=:;~~~J-_ .. · - MIIM ¥1 a+ • .. ~ '.&.-.. . I ~. : . ..;, ~~~~ I • 0 - ... • • • ,. -· • :~ I .. ·, • -.. -• Bt:17 1111703 thenc:" S-thocly al0119 tlle ,,.•t d911t oi war line of loatll -Streat, a 41ataaee of UO.JI t-t. -re or leaa, to the hrtb ri9bt of -r line of "•at Pl..,.S A-a•: thooce 11eatarl7 aa antl• to ti,e ri,tlt of ,o•oo•oo• and •1-. tho aaid IIOrt!I r19"t of -r U-of ,,..t ,1.,.. A...,.,.. • dhtaaca at 14".6 t-t to • point wblcll la the trM ,aiat of 1-91n11i119, IMIICe IIOrtherlJ' an ... lo to tho d9bt of ,0•51 •00• • dbtanco of 41,51 foot to a point (wllicll polat h doocrU. aod roforrod to 111 th• tall-i.Df doecrl,U• H tho ·,oncuon poiat•), thence .. rt'-etod7 •• -,10 to tllo loft of 74°20'00° • tiataaco of 17S.O t-t, -•• or loH, to • poiat oa t!le &aet d9bt .,, war 1111• of loath Cborokff suoot. z. ...111111.19 at tho .-. doacrll,oJ ·,1111cuon poiat•, thence .. rtherl7 aa Dll91• to tho d9ht of 00•2,•oo• a 41ataace of ••·• t .. t to.• point: tlleaco •orthorl7 u D11910 to tho d9ht of OJ•os•oo• a 41•~• of l2.6 fe•t, aore or loH, to • poiat on tho .. rtll line of tll• South 1/'Z of tho s-t-at Ql&arter of Section :14, ~•llip 4 s ... u.. Jlant• U ., .. t of tlla 6th . P.M. Jteferenc•• ln the for.,oln9 deacr1pcion• t.o vaci oua colua, line nllllber• or col11a11 line letter• ere to Ule collMlft 11ne• of tile builcU-,a and iaprov-nc. lleratofora erected br the C:rontor vithin the prea.i.••• croaaed by tha ea.o.e deacrib.d va~er and eewcr linea • _,_ ······--------· =:-.::.:.:~~;: • ... ,. ... 0 r . ~ ~ -·:·.· ... ~ .... . .~· .. \ I • 0 ,. • - • - -1eo1 JU704 -' ' • • • ' ' ·-"'C··· l ., I .I :i :~,· -I~ -5~. I • • -. •,, • -.. • • I • 0 • • ·---------- ] • • • • - -····· .... ~ .. ,._. -. --.----'--··-~ --·-·--· .... .1-.-. __ / :· J P.:a,: .... .,. T\\-AeGfC:YSiC\" · ···•'· i·' ~ .. ·: • .•:· :·:-: .' 'F na,;....,.~.=. :::----:1--:. .. ~-~ ;, . . --·-.. ~.,,; .... ,,. --·---- • NEW ENGl.[WOOO SHOPPWCi _CLJITCII . • .. .. . ' .. I • 0 J • • , ..... .. " .,-. • • - ~:J!. Ill.I. trJ . O.l JIIT".uJU:C IY CX1r.1:1L ,..a--.i..'lt wi,cr .... All OICJNl..'C[ V:.:ATIIC A S'IIJR-: S!>,.i, A:O ""~ Ll"''C l:IIS!:',t:::~ A!:.J Cl'A.\":'lN, 1.:1 C.:..S!:1C."1" r.);I A 1£,. "'-7C:: LI•":: IN 'nlC C:JIOOU:.U, C:J I'\" p:.,;,;11r. !Cf. wo.r.:..s, th.t ~l-W>ter a.-d -: D>ard r-=mj to City C!Dt.n:il on l'llrch 1,. 19&.a that • MWEtr an:t ~'3ter lir,e, .,.,c-e.,t br.: v.catr.S And that Ml ••~: be ~uino;! for • W'lter l in.; N>-, .~r.A!f'ORZ, IC IT =1•'t:> •Y n!C C:JT\" av.1:1L er T?lr. C:ITY ot· DQ.lilCXT.>, CXllDR1.DO, as folio-.": s«t In l. 'II>• hertinofte: chs::r l-property lcr.oted !n t~ ?i"t)'ori,,1le-oocJ, Mo;>o""" O,..-.t:,, Ooloudo, bt a.-.! tM •~ Is here~,· do::la:•j v.c:•tej P'Jrs~:,t to the p:Ch•isiona of P•t: >. A::iclv 2, Ti:.le Cl, ColoraJo ~is.Jj S!at\ltea, anJ thle L"'r•~C ~'11.11 vat i:1 Cjn3cut Associ•tes, • ,oir.t wr.1:yre, ~id vCte"•:9d la~ bo!:,; IQ<• ;»::icul•rli· cles::ribed H (oll~·o: LIM C • I" Di-tee ..:.tee ,.,.Jn . --In -11?7 1: P•1• '" of Clw Aro;,..-O..:.ty -.:or.Sa. lr,imln~ ot Clw point ldentlfid I:, tM oa-,t •-•- In -~ 1107 1t ,.,, 01 o! Ar._.-DMltll' a.cords des- crl~ !or w.&ter Nin line .,.., •• uw p,lf\t of briw,Jln.,tn; of Linn •1• &l'ld "C"; ._.,.,,.. MntHlJ' .,. on1l• to u. l•!t or to'°''"' ~·oo• • din~ of ltS,1 f"t to• point: thef\:e S>uO...st•rlll' a:, ._~1• to th<> lei: o( 4S "'1•-• oo·o~· pcullel to ond 10 .0 he: IDr-.cerly o! Q.lln., LI,.. .,.,.,.. • din-• o! 411.t (.,t to • l'l'lnt; thffl:- IIOrthwHterly.,. a."'il• to Clw ri~ht of t.l deg, .. , o,·~,· po:•11•1 to and 10.0 ffft N>relw .. terlll' o( c,1-., Lint "15" • dist.,,.,• of .>,J.O f .. : to • JDlnt; thence 1Drthonu:rl1· .,. MJI• t" the rltht of ,o c1e9,..,s oo•oo• poullel ,o ""' 10.0 fNt S....Clwnterly of 0,1-, LI,.. ·u· • distance oC 12n.o r .. t to • p,lnt; t.Nnr:o tas:ecly a., •:"1910 to tht r !9ht of 4S .S.,r,1n 00'00" • distance of SOJ.O f ... t to • p,lnt o~ I iM .,.. re!errc to H point of endinJ lines •a• •...S •c-. Jn:11.dinJ •II fir• hy.lr.,.u ....S H:vl,•• le&li~ U.:.to • .. .• i .... '• · .. ,'! 'f 3 i.J s -f{) .3 I-9-FS- .. ,. I • 0 X - • • • .. • ... • -... IK'4345, .. ( 704 s:o::-, 5,:,-.,,: ,., • 1. 11oCOrdc>I in _. 15~7 1t ,-,• ,oci oC = M.lj,14!.:X.-O:>uu':.y M:OCdl. 11.:tJinn !.n1 a! th-! tr.,:thil::tSt cor~: of t.~ ~ 1/4 oC tN st 1/l ol s.,:,10~ )), ,...,...!>ii, 4 5,-,u,, .. rq• '• ~1: ol = 6t.., Jt,,..,,: then=c ~stedy alon'J o .. t')rt.h line of sa i~ st 1/C or o,., ~ 1/4 of s.>:tlon )) • di1u1~.-. of 2<0.l c .. : to I p:,i nt ,b i c!t h the UUil p:,int o( bl';in."li f11 ; ttwn:• South,. ..,,wrly an 1i,il~ to the left ol '5 ooqrws !14''00" 1 d i stant:• ot 12.9~ (Mt to • p,int lil\ict'I is (.0 (~: Ji':>tth-- e,sur ly ol c:,1,,._, Li ne •42• a..J 1,.0 f«: tn:ti-,sto:ly oC Q,l""" Li~ ·c:,,.-; u-x• 5,)\1':...._>stetly a:, an.JlC to t,h,e left of )6 CW')tHJ SO 'O\l• • distance o! )6. '1 (~!. to ~ pc,i nt •~ich Is 12.0 IMC $0Ut.h..,1Wrly of a,l..,.n LI,.., •42• aNl 1,.0 c.,.,: tl>rtn,.r.sterly of 0,,1 .... , Lina "Bail"; there• s:.uu....,s:,nlr •~ an;l• to the ri1M of '° do-Jr.es c,·o~· poullel to and 1,.0 c .. , a,o, .. -. .... 1i· of 0.!11"-" LIM -~· a dlsun:e o! ~, •• o fN: to • p:,int c.o (Nt tcrttwaste:ly oC 0,1.,._, Li M •21•; u,en&:e Sou\N!tli· L' -lle to the le:: oC O WJr""• O'l'O)" 1 ,Sutan=~ oC )<;.1, (Ht to I p:ln: \t,lc~ l• 4. U fee~ $:tt1L'V~1terly o! CD&\rJ'I LlM -uu· an:! 1,.0 c .. : •rtlw>sterly ol 0,,1""' Umi ·is·: ttw,\:e Sou:l>- e1,1terly a!"l a.~;i9 to UW left ot CS -,recs oo·~· pua!le: t~ ...S 1,.0 (Mt turt:,esstf'rly or 0,IUC• LIM "U" I distance or )SO.IS C••t to a po!nt •Mer, is l.l r ... : So'-t.'Wast~:1;· of CDl\lL"'t \.l n• ·JJ·: tfllt:"Ce s:u.1:Jw.asterly an anJle to tlw rl~h: of )S oSrarNI oo·~· A .Shun:• oC S).~ (e,,: to a p,ln:; u .. ,.,. s,utnuly a., L,;l• to "'9 rl11tt ol 10 ~'9'"" o;·,>0° a dlou..:• oC U<. l C.et to• point ~ L.,e tnrth d91u o: W>)' liM of Wis: ~r.\ ~·:e:-we. s.c:tion 2. 'r.le t,crelna-des:rlb.xl la.-rl It 1oc1toc! entirely within uw Clty of C'\)lt~ ~-'Id does not constltule • bol-"9\dtry line b<t....,n t.h1 City oC r:,;lewood 11"1 any other ccu,ty or oLl'wt ,,....1cipality. Soctlon l, · '1M ve~1tlo~ or the herelna""• deocrib...,S o:o .. "''" and ... c.er line e1sc:nent ~ill not lea·,e any ~jol n l t\; land vithOUt an .,ubllshod p..i!>llc r....S c<>M«CtinJ 11\d lal'd wiL., 1:~:her esu!>llsi.d pbllc roaJ . Section 4. ~t Cindecuk >.ssociaus, • joint ve:itur•, a~ll pr.,.ule the City oC c,.:il.-od with an .. -t oC t/W 1w,e1n1:ur described property located In the City oC Dt11l.-od, t.r1~, OM,ty, O>lor.SO, wit?> 1rProprl1t• title policy (or the ... , 2 • l r . L l, ··:-' :i. ·" ,;, .. .::~~ ,.:r, .... : ,•,, I • 0 • • • ~ ,... .. • •,. • -.. aoc,4345, .. , 705 L.irw C • 1• oioet.er wner ,..in "'9iMl"9 at U. point W.,,tifi..S In \.'W •-t ohs::rirtlm for vacer Nin line .,.. , recorded in -11:ll et p19e HI of Ara;,,o.- Col.flty 111COrd1, •• tJw p,int o! 1:1t19i1111i"9 or tJnn •r and ·~; tllotce Wts:e:ly an a:wile to ti'• left of ,o dr,lreH oo•oo• a distance o! 1,s.1 r .. t to • paint; t.N:ce So-~ste:1~· an ... ,.,1 .. to tlw left of 4S *9reH oo•oo• parallel to -10.0 feet N>r~ -terly of C:Oluon 1.lne "tt1" • distance of S24,4 (..,t to a point ; --... u.i...nterly an -I• to U. ri9M of ,o drJrN• o.,•o.• parallel to a.-d JS,0 f•t l!Ort.llMSte:I)' of Qlhn."> L!M ·12· a dill.MICI of J),,o fllt tO a poln:; tlWfCe IDU.hUltlr ly an a,y;le to t/11 ri9ht oC ,o dtt•"" oo•o:,• parallel to a.-.d 10.0 (Mt So~<11- Na:erl1· of Qlh1M 1.1-•z:• a disunce of '3).0 feet to • p,int; thr.'Ce tas:erly an a.-.gle to tlw ri9h: of CS dr,lreH o:,•oo· a Jiat....:e of SQ).O feet to • point Cl'I lir-.. •A• referred to as point of ...Sl"9 line• •r and •c-. ln::IUl!in; all flu 11)-:lrar.:s ,nj N:vlcn le.:li"'i thcteto. 'Jt,t fo,. of uid ,a_t o.'1&11 be as fo.a,d on Dhibi: .,.. a.coe,od hcre:o w ln::orp,rat..S l'erein by refererc•. S.:tlon S. 'ltlll •acatlon ordinance shall *'"" e!Ccti•e to .......-..id pro;,erty a.-d U. 11a:,or ~" ol!lclo City Cler\· T<NSUCH a:e a,tt,orlw to •cute a cory heroof and chli•er to Cinoh::wll Msxlates, a joint ,..,., ... ,. ~Ion ,. 'Itta: u,e ea-t for U. pro;-er~y des=rlbd In ~ hereo! shall bor recorcleJ In ._.,. re--ords o! Ara;,ai-QKr,ty Qlloudo. lntrod~, read In full, ond pusod on Uu: re~l"i"" u,e Is: da1 of Ol:t-r, 1914 • ....,11,._'wd as a 1111 for an Ordinance on ti,e )rd day o: oi,tober, 1,u . .. ad by title and pH•od on final readlffi on C,,. ISth day c.f Ol:tober, 191: • ..... 11 .. ......, by title as Ordinance ,r,.~. s.rles of 1,~,. on the 11th day o( O:tober, 1914. • 3 ···' . ·.:.·.·.·•,"'. :.-.,.; ·-·· ..... ·-·~, .• · ... ;.. :··;: ;;~~~, . ~ : . • • I • 0 J • ~ .,-, • I• ... , .. ~ • • .. _4345,.,( 706 -~ .. -..... --- c-, .. _ . d. (!) ffAftOf'-~ l . -.. ~ -~ ____ ,a.,c,,,o _ _.,.,,...o,;..,..,-.• ...... ~ .. ...,~ ............... ._.. __ ... -.., .. _~ _ _/{o_d4.~--1-lt/(1: ____ .... -....................... ,.,,.. .......... ,......,. ~~_. ____ 'f.;tb . -· ___ .. , .. if. --~ a.· _ ... D._ .. -~~.--'l ---·-···-~ ..... -. .._ra..lil~;~,a;.-··· .•.· ..... .. .... ·-... . .. .. ~ .. _;,.•. · ' --~ · ~ ,·-·-r • · . . • . I•• • •ij .:..,U:... '• I ••y ,. ~· -....--,: :.-_ .... ~ • " ~-:..,._..,,1v,,_,. ii "S°~{~-~;, • • {f• • . .. ~ ~ .. ... I • 0 • • • --. • t,jf •• • - CUIIT or WATER t.111£ EA!:DIEIIT THIS CRANT ot • v•t•r line •••-•nt (thi1 ·cri1nt•t i.1 •old• this ~day of f) £Cf1't;:> , 1'14 b~ CIIIOU""~ ASSOCIATES, A JOIM'f YENTU1£. ,·cri1nto, ) v Ole addr••• 11 ,!0~.u::~ ~Tf~~ '!t;u,r' oS"'iNTL°i:to&&1•0 rlgtoTiJ&. , =c,•nt••·, vha,. address 11 3400 South tli1ti Street. En9levood, CO 101~0 ; The pi1cties coven•nt and i19cee as follows : l. E•setaent Property . Th• ·t•se111ent Property• sh•ll •••n the real ?COperty located an the County of Ac•p•h~•. State ot Colorado, •ore partlcularly described as follows, to wit : Li ne C • 1• Oi.aaeter Water twin le4flnnln9 at the polnt ldentlfled ln the e.ts"'ent dcscriptlon for water ••in Une •••, recorded lu aoolt 1107 at PACJ• ,,1 of Arapahoe Co~nty lecord1, •• the point of bcc)innin9 of Llnes •e• and •c•; thence lle•terlr an an9le to the left of ,o dc9ree1 oo•oo• a dl1tance of l9S,l f .. t to a point: thence SOuthvesterly an an9le to the left of tS .... ree1 DD'DD" parallel to and 10,0 feet IIO<thvesterly of Column LlAe .,... e diatanc• of SJt.4 feet to a point; thence NOrth- veaterlr •• an9le to the ri9ht of ,o deqree• oo•oo• p•rallel to and 2S,D feet .. rtheasterly of Col .. n t.lne "12" a distance of 1,,.0 feet to • pe!11t; thftCe 110tthea1terly en ar19le to the rl9ht ot ,o d•9r111e1 oo•oo• parallel ta end 10.0 feet Southea1terlr of Coluan Llne •zz• e di•tance of t)).O teet to• point; thence £a•t•rly an anqle to th• r l 9ht of tS de9cee1 oo•oo• • d i stance of 501.0 feet to a polnt on line •A• referred to •• point of endln9 llne1 •a• and •c: ... lncludln9 all f i re hydrant• and aervlcea leadl"' thereto. J . Con•lderatlon . Al con1ideratlon foe this Crant, Crantee ha1 pald Ccantor the au,a of On• OOllar (Sl.00) and other 9ood and valuable conalderat i on, the receipt of vhlch l• hereby •c-r.owled9ed by Crantor. l . Crant of Water Line hs.,..ent. Crantor hereby 9rant1 to Crantee, lt1 aucce11oc1 and a1119n•, • perpetual, none,clus1ve •••eaaent (the •water Line £.aa .. ent•) over~ under, across and throUC)h the t.aeaent Property foe th• pur,o•• of con1tructln9, operatln9, ••lntalnlnq, repalrln9, replaclnq, , .. ovln9 and enlac9ln9 the •Lines and Appurtenances•,•• hereinafter defined. The •Lines and • ... ... .. ' ' :. ....... ~- ) I • 0 • • • • Appurten•nce1• ah•ll ... ,. one or aor• water pipeline• and •ll necessary under9round and 1urf•c• appt,rtenance1 thereto necessary or desirable for the tr1n .. i11lon or water, incluclin9, but not liaited to, ••ins, coftduits, waulta, ••ntilator1, electric or other control 1y1tae1, cable,, wires and connection1. 4. Access. Crantee shall ta.•• the perpetual, noneaclusive ri9ht of tniiiii and .. ,.,1 in, to, •••r, throU9h and across the C111 .. ent Property for any purpose tteee11ary or desirable for the full enjoyment of the ri9ht1 9rantecl to Crantee under this Ccart. S. ••storatton. Crantee .. ,ees that after the constcuctlon, ••lntenance, repair, replac .. e11t, or enlar9 .. ent ot any of the Lines and Appurtenances, Crant•• 1hall restore the surface of the taseaent Property aa nearly•• r••••n•bly po11lble to the 9rade and condition It vas In 1-edl•t•ly prior to ••id C'on1tr11Ction,. ••inten•nce,. r•p•ir, replac .. ent, or enl•r9 .. ent, ••c•pt •• ••y be nece11•y to •cc._od•t• the t.lnea •nd A.ppurtenance1. Cr•ntee a9ree2 to restore •nd rep•lr •ny i•prov .. enta of Crantor on th• Easeaent Prop,.,cty ""lch are d ..... ed, aodlfled or altered by Grantee durl119 ••id t:onstructlon,. ••lntenar.ce,. r•p•lr,. r•pl•c .. ent or enl•r9eaent. ,. Sub acent and rt. Crantor coven•nts and .. ,ee1 that rant•• a• •• t • ra, t of •ubjacent •ad l•t•ral aupport on the Easeaent Property t• wllatever ••tent le necessary or dHlr•ble for the full, c ... ploto •"" ....cilstur-en,a:,aent of tlle ri9hta 9ranted to Crane .. llftder this Cr•nt. 7. 11,hts of Grantor. Granter r••••••• the Cull rl9ht to tlle undisturbed ovner1h1p, use-; aftd occ•pancr of tho E.aa .. ent Property Insofar•• ••ld ownership, uae, aftd occvp•ncy la conalatent vlth •n~ does not lap.ale the rl9ht1 9ranted to Grantee In this Ccant. I. Abandon.ent. In the event th•t Grantee 1h•ll ab.~on the rl9hts granted to at under this Grant, all ri9ht,. title and lntereac hereunder of Grant•• shall c•••• and ter•lnate, and Crantor shall hold Eas .. ent Property,. as the .... ••r then be,. free froca U•• rl9ht1 of Crantee 10 abu,doned and attall 01111 all aaterlals and structures of ~rant•• 10 1baftdoned,. provld~ that Crantt• shall have a re•son•ble period of ti•• after said abaftdonaent In which to 1eaove any or all Lines and Appurt•nance1 fro. th• Eascaent Property. In the event that c.aa .. ent la ab•ndoned by Crant•e, Crantor ah•ll have the rl9ht, at It• ••l• option, to require Crante~ to reaove or neutrall1e any laprov .. ents constructed In the H1 .. ent by GuntH. t. Warranty of Title. Crantor warrant• and represents that Cr1ntor ls the lee 11aple owner of the c.1 .. ent Property and that • ! l / ' .i ;· f ( . [, . t:. rt ,... 1· }"', .. #t ~ ;\: t .. .- ., I • 0 - • .. ,,,-. • ·,· • - Geant•• ... , full cl,ht , title and authority, that thll Geant 11 errect i •• to 9cant and con••1 to Geant•• the water Lin• ta1eoent, and that tllh Geant or an ou-ent I• ,upocloc to all othe< ,rant•. Gcantoc ructh•• cowenant• and .. ,••• to indeonlfy, defend and hold Gun•-..... loH re-and .. ainlt any ad•••H chi• to th• title of th• ca,_..,, •copecty by all and ••••Y pees•~ oc pecson• lawfully cl•i•lnt er to cl•l• the whole oc any p•ct theceo(. 10 . aindl"" Effect. Tl'II• Geant shall estend to and be bindlnt upen the ne•••• pecaonal cepce1entati•••• 1ucc•••••• rnd aaal,n• ol the ceapectl•• pact l •• h•••••· Th• t••••• coveoonts, .. ,.-enu and condition• In thl• cunt shall be construed as eovenanta runnln9 vlth th• land . IW WITNESS WWtRtOf, the pactl•• heceto ha•• eaecuted this ccant ol watec Lin• ca,.,..ent th• day and y••< II••• abo•• wcitten. Ti tle : CRAIITOR : CIMDtRNAK ASSOCIATES, a ,oint. ventuc• •1 Dy Oen.a•-A11oclat••• a Ll•lted Pactnetlh~;, -----··-· ., .. . ' t · , .. t r. I'" !\~ ·• ,· r ··~ . : ) f:, t/·. /: I • 0 • • STATC OFClCLCMIX> couirr, or - J • -.•' ... • ~ --· • • -' ""4345, .. 4 710 The for-.olncJ instrument vaa 11cknovled9ed Nfore •• this 21st ••r or Dlla!ar , lH4 by Rloicl c lierslnrc -..--- '!!9lan&1 AAri;s&clont •ncl -=•=•===-======------,o"I..-Tlle "'r.q=u..,.,"'t"•"6T(-........ ,.,., "'le,_AJ,...,..,•'"u-,-.-.,-.,-.--- Soc:·~,"•"ty_o_i~t~h-.-o~n-,-t-Od~•s-t-•-t•-•-, -. lleV rock Cocpor•tion, •• Joint venturer of Cinclera•k Aasoclates, • joint wentuce. NITNCSS ay l\oncl •nd orrlc:l•l se•l. STATE or PENNSYLVANIA ... COUIITT or ~EU Tl'le rorec;•l"'I Instrument.,.. •c:knowled9ed berore •• this ., • .i •• , or t/11,•,11•< • i,u by 1-·n«ct, l ... .. -- •• , I It«« «e/c ,· «z•• c andor :;;~~;: 1Ac.~'• ;.~,.;yt;!,.,:< Ill I I I 0 ( 4« · C « • f ( t corporat,on •• C.neral P•rtner of o.,-ak A11ocl11te1, • li•lted P•rtnerahip •• Joint Venturer of Cinder••k A1aoclate1, • Joint wenture. . , .. WITNESS ay h•nd •nd orrlc:l•I •••l. "Y Coaal11ion eapires: ~°?J .tr 1?/t 0 ·--------------- . .. . -~,··_;i.~,i.-:~~~~f.~::\:-.... ·:·.-~:~~: . ::' : ... ·':. ~ .. .. ' ' -~ I • 0 ' ' • • • ,. • • - _.4345, ... ( 711 CIT! or ENC~EWOOO, • colorodo ~~iclpol Corporat i on •1 ~,~ £¢ 1$n£.t1.S, NyOt s _ .. ... •' :· . . ..-. i:.:::::.~;~ ... /\~:::::··\·);){}}1Jlt>::.: t ::/. · • " .. I • 0 r-----------~--------~----------~'91------------------------ - • • • .,-. • • - ic«4345r><< 712 CRANT or WATER LINE EASEIIENT THIS CllANT of • w•t•r line •••eaent Cthls •c,.nt•) i1 •.ade this 'f/oJ.-doy of S:, ~> , 1'14 by CINDUr<A "' ASSC)CIATtS, A .>OtNT YCtrlTUllE, (•crantor J w 01• address is 701 Vue Na,apden. Avenue. tn l.,...... Co1onlle 10110 an avor o t r. lTl or EHCt.P.:000. OL. RADO, t Crantee J vhose address is 3400 South Elati Street, tn9lewood, CO 10110; The p•rties covenant end ~r•~ •• follow1 : 1. Easer.tent Property. Th• ·t••~ent Prope:rty• 1h•ll •e•n the real propecty located 1n the County or Arapahoe , State oC Colorado, •ore particularly described•• follows, to vit : Lint C • 1• Di•••ter Water "•in •~ginning ot the point Identified In the eo, .. ent description for veter ••ln line •A•. recorded ln look 1107 at P.-ca• ,,1 of Ar•p•hoe County aecords, •• the point of be9 i nnln9 of Lines •1• and •c•; thence Westerly an aA9le to the left of tc de9re•• oo•oo• a distance of 1,s.1 feet to a point; thence Southveaterly an anqle to the left of 4S de9ree1 oo•oo• parallel to and 10.0 feet Nurthwetterly of Column Llne •fV1• .... ,dl~t•nc• of Sl4 .4 feet to a point; thence NOrth- "'elterly an an,re to the ri41ht of to de41reea oo•oo· parallel to and 2S.O feet Northea1terly of Colt.aan Line •12• • dlatance of l,,.o feet to a polnt; thence Northeasterly an an9le to the ri,ht o~ ,o d~9tees oo•oo• parallel to and 10.0 feet Southeattetly of Coluan Line •z;• a dl1tance of 9)3.0 feet to a point; thence ta1terly an anqle to the right of CS degrees 00'00" • dlstonce of SOJ,O feet to• point on llne •A• referred to •• point of endin9 llnet •1• and •::•. lncludln9 all fire hydrants and 1ervlce1 leadinq thereto, l. Consideration. At conslderatlon for this Crant, Ccentee has pald Crantor the au. of one Dollar (Sl .uO) and other good and valuable conslderatlon, the receipt of vhlch 11 here~y ackn1vled9ed by Crantor. ). Crant of Water Line t.a1et11ent. Ctantor hereby 9rants to Crantee, ltt auccessor1 and a1s19ns, • perpetual, nonescluslve easeaent (the •water Lln• t.11 .. ent•) over, under, across and throuqh the tate•ent Property for th• purpose of constructinq. operatinq. •alntalnlncJ, cepalrln9, replacln9, re•ovlnq ~nd enl1r9ln9 the ·Ltnet and Appurtenance••, 11 hereinafter defined. The ·ttnes and • I • 0 • • .. _,... . • • -' tGC,4345,,<,( 713 Appurtenances· shall•••" one or aore vater pipelines and all necessary underqround and surface appurtenances thereto neces1aty or desitable for the transmission o! vater, includinq, but not liaited to, aains, conduits, vaults, ventilators, electric or othet control 1y1tt11e1, cab l es, wires and connections. c. Access. Crantee shall have the perpetual. noneaclusive r i qht of i~ and eqress in, to, over, thro1,,19h and across the Easet11ent Pcoperty for any purpose necessary or desirable for the full enjoynient of the rights granted to Cr•ntee under this Ccant. S . ~estoratlon. Grantee aqrees that after the construction, ••intenance, repair, replacement, or enlar g efflent ot any of the Llnes and Apputten•nces, Grantee sh•ll restote the sutf•ce oC the tasemen: Propetty a, nearly a, ce•sonably possible to the 9rade and cond i tion lt was 1n llNll~iately prioc to s~ld construction, ••intenance, repa i r, repl•c•••nt, or enlar9e111ent, eaccpt at •ay be necessay to aCC'Ofllnodate the Lines and Appurtenances. Grantee aqrees to testore and repair any ieprovet1tents of Ccantor on the Easement Ptopetty which •t• d~M•qed, •odlfied or altered by Crantec durlnq sa l d construction, ••lntcnance, repair, replaccMent or enlarqefflent. ,. S~b;acent and Lateral Supoort. Crantor covenants and a9ree1 that Grantee shall have the r19ht of 1ub)•cent and latetal support on the Easement P:op..:rty to whatev•r eatent ls necessary or desirable for the Cull, cOfllplete and undisturbed enjo)'"lent of the ri9ht1 q:antet to ccantee under this Crant. 1. 1lqhts of crantor. Crantor reserves th• full tiqht to the undisturbed ownersn,p, use, and occupancy of th• t•••~•nt Property insofar as 11ld ownecshlp, use, and occupancy ls c~nslst-.nt wlth and does not lapalr th• rlqhts 9canted to Crante• in this Crant . I. Abandonaent. In t.he event that Crantee shall abandon the riqhts qranted to 1t under this Crant, all rlqht, tltle •nd lnterett hereunder of Crentec ahall cease and ter•lnate, end crantoc 1hall hold taseaent Property, •• the •a•e ••Y then be, fr•• frCNa the rlqhts of Crante• so abandoned and ahall own all ~aterlals and structures of Crante• 10 abandoned, pcov . 'ed that Crant•• shall have • reasonable perlod of time efter 1a i d at~n~onaent ln whlcn to reaove any or all Llnea and Appurtenances froa th• tasement Property. In th• event that uaeaent is abandoned by c,antee, Crantor 1hall have th• rl9ht, at lts sole option, to require Ccantee to te•ove or neutralise any l•prov .. ent• conatructed ln the t•se~ent by Cran tee. t. Warranty of Tltle. Crantor warrant• and represents that Crantor la the lee 11•ple owner of the ta1eaent Property and that 0 '.) ~; .. ~;::.: fi-.... ~-\' I • 0 • • • p --• • -' accc4345,""'714 Crantor h•• full rl9ht, title and •uthority, th•t this Crent ls effective to 9rant and convey t~ crant•• th• Water Line EA• .. •"'· and that thll Crant of an eas .. ent l• auperloc to all other 9rants . Crantor further covenant• and a9rees to lnd .. nlfy, defend and hold Grant•• har•l••• froa and atJalnst any adver•• clal• to the title of th• ta1 .. ent property by all and every person oc persons lawfully clal•i"9 or to clai• th• wtlol• or any part thereof. 10. lindlnt Effect. This cunt sh•ll Htend to •nd be blndin9 upon thee1r1, pecsonal representatlves, :uccessors •nd a11l9ns of the respective parties hereto. Th• tee••• covenants, <19r••••nts and conditions in this Crant shall be construed•• covenants runnln9 vith th• land. IN WITNESS WHCAEOF, the p•rtl•• hereto have esecuted this Grant of Watec Lln• ta,.,.ent the d•y and year first abcve written. A.tte1t : Title: caAMTOa: CIMOERNAK ASSOCIATES, • jolnt venture ay The tqultable Life Assurance Society of the united States, a Mew to rat ion ~- Title: By l)enaak Associates. • Lialted P•ctnershlp I)' s.ravco. tnc., a fennsyl•ania corporation •v 41'2-/,;;.. 11pj,tr Tith /<P. //--,/~_,/. .. .. ~:::.· . • ~ . • .. ( ... l ) I • 0 - • • • 1' ••• • - '*4345, ... 715 STATE or (XUIWX) ... COUIITT or ,,,»NU Ttl• roc .. oin9 lnstrwaent vas actnovled9ed befor• •• this 21st. doy of _,, , 1'14 by omtel c r-m•nec -.,-- !l!icnal VicePr'S!idllf'!S and •• of Th• (,qu 1 ,.,1. Ll ,. AISUC anc:~ Society ol the united Stat••, • New tork Corporat i on. at Joi n t Venturer of Cinderaak Associates,• joint venture. io-t,er S, 1'8S STATE or PENNSYLVANIA COUIITT or ftOIITCOII £ U ... ·.; .... -~ . • . ' ) I • 0 ]- • • Attest: STATE or COLORADO CDUNTr or ARAPAHOE ' . ,, CRANTEE: u. p _. • • -.. ""4345, .. , 716 CITr or CNCLCWOOD, • c,1or•do ltuniclp•l Corpor•tlon •>'~$ r~ &Fe t.. Otis. "•roe ------··--·- .. ,. ' ' ... ~ ~ . • I • 0 ] • • -• ORDINANCE NO._ SERIES OF 2000 '. ,, ,. _,,... . • • - BY AUTHORITY A BILL FOR .... ,I, .. ~ AN ORDINAN'CE AMENDING TITLE 8, CHAPTER 5, OF THE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO MOVING STRUCTURES IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood must regulate the moving of structures on City streets for the safety of the public; and WHEREAS, the City of Englewood Departments of Public Works and the Building and Safety Division have been enforcing this Ordinance as written since 1985 ; and WHEREAS, it is important to address in greater detail the structure mo ve r responsibilities with respect to notification of neighboring affected jurisdictions and posting of signs; and WHEREAS , it is desired to provide staff greater flexibility on permits with respect to operating requirements and co nditions in order to assign the necessary conditions and requirements based upon what is being moved and where it is being moved ; ~. The City Council of the City of Englewood , Colorado hereby amends Title 8, Chapter 5 , of the Englewood Municipal Code 1985. to read as follows : CHAPTER 5 MOVING STRUCTURES 8-5-1: MOVING PERMIT REQUIRED : A. No person shall perform any of the following without first having secured a moving permit from the City : B. 1 . Move or raise any structure from its foundation . 2 . Move any structure to a site within the City. 3. Move any structure along or across any public street of the City. Exceptions: A moving permit shall not be required to move a construction shack as determined by the Chief Building Official, or for portable structures having a floor area of not over one hundred (100) square feet , and a wjdth as transported of not over ei2ht feet and six inches. -1- • . ) I • 0 • • • .. • • - COUNCIL COMMUNICATION Date Agenda Item Subject March 20, 2000 10 a V Movin Structures Code U date INmATEDBY STAFF SOURCE Public Works De artment Ken Ross, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Title 8, Chapter 5 of the Municipal Code that deals with moving building and structures was adopted in 1985 . RECOMMENDED ACTION The Public Works Department recommends the adoption, by ordinance amending Title 8, Chapter 5 . of the Englewood Municipal Code 1985, pertaining to moving bu ildings and structures in the City of Englewood. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Public Works and the Building and Safety Division have been enforcing this portion of the code since 1985, and it is recommended that some minor changes be made to this chapter of the Municipal Code that will allow the City to transfer certain costs and responsibilities to the structure mover. In addition it is important to address in greater detail structure mover responsibilities with respect to notification of neighboring affected jurisdictions and posting of signs . The proposed amendments will also allow staff greater flexibility on permits with respect to operating requirements and conditions in order to assign the necessary conditions and requirements based upon what is being moved and where it is being moved; FINANCIAL IMPACT The proposed amendments will make it the structure mover's responsibility to notify affected neighboring jurisdictions and COOT . The amendments shift the responsibility for sign posting from the City to the structural mover. Both of these recommended changes should result in reduced City staff time and coordination . LIST OF ATTACHMENTS Proposed Ordinance • .., ) I· 0 • '1 • • .. ~ ,,.. . • . . .. • -' 8-5·2 : APPLICATION , FEES AND TERM : A. The form for an application for a mover's permit shall be furrushed by the City and shall contain the following information: l. Name , address and telephone number of the applicant. 2 . Address of present location of structure. 3 . Address of proposed location to which the structure is to be moved . 4 . Date and time of proposed movement of structure. 5 . Proposed route to be used in movement of structure. 6 . Description and size of the truck and other equipment proposed t o be used in the movement of the structure. B. A moving permit fee for a structure to be moved to a site within the City shall be fifty dollars ($50.00) and for structures to moved through or out of the City sh all be twenty five dollars ($25.00). C. All moving permits shall expire sixty (60) days after date of iss uance . 8-5-3 : PERFORMANCE BOND REQUIREMENTS : A . Structure Mover. A performance and completion bond of at least one thousand dollars ($1,000.00), or other insurance bond acceptable to the Chief Building Official, together with proof thereon. in writing, by the insuring company , shall be posted by the structure mover pnor to iss uance of the moving permit. Said bond shall be in an amount determined by the Cluef Building Official based on the estimated cost of relocating the structure from the existing site to the new s ite and cleaning, filling and leveling the s ite from which the structure was moved . B . Owner. A performance and completion bond of at least five thousand dollars ($5 ,000.00), or other insurance bond acceptable to the Chief Buildi ng Official together with proof thereon. in writing, by the insuring company. s hall be posted by the owner of the site to which the structure is moved prior to issuance of a permit for necessary construction. The bond shall insure the completion of the necessary construction and installations required to bring the moved structure into compliance with the applicable City codes. Said bond shall be increased above the minimum five thousand dollars ($5.000 .00) if the Chief Building Official determines that the anticipated costs of the necessary construction, as above set out, will exceed five thousand dollars ($5,000.00). In such case, a bond in an amount at least equal to the sum of the anticipated costs shall be required . 8-5-4 : CASH DEPOSIT: A cash deposit in the amount of M1e ~ hundred dollars ($-100:00 200 .00) shall be posted by the structure mover prior to issuance of any moving permit and shall be -2- • I • 0 - • • • '9 ~ ,,... . • ' . .. • • .. refunded after thirty (30) days if there has been no damage to public property as a result of the moving of the structure. Said deposit may be used to repair damages to public property in the event the structure mover does not repair the damages within thirty (30) days of written notice by the Chief Building Official . 8-5-5 : INSPECTIONS REQUIRED : All structures proposed to be moved into the City shall be inspected by the Division of Building and Safety prior to issuance of any permit. 8-5-6 : GENERAL REGULATIONS : 8-5-6-1: STRUCTURES LOCATED IN THE CITY : A. All structures moved within or into the City shall comply with all provisions of the Uniform Building Code for ntw structures and all required moving permits shall be obtained prior to any work being performed . B. No structure s hall be moved onto a site within the City until the necessary foundation therefor has been completed, inspected and approved. C. If the structure is proposed to be located on a site within the City , a ll plans and documents necessary to verify compliance with the City's construction codes and other ordinances shall be provided as requested by the City . 8-5-6-2: STRUCTURES IN COMMERCIAL DISTRICTS AND FOUR OR MORE DWELLING UNITS : A. No permit for moving a structure into a commercially zoned di s trict of the City, or for moving a structure having four (4) or more dwelling units to a site within the City , shall be issued until an application and plans therefor h ave been submitted to and approved by the City Planning a nd Zoning Co mmission . B. Tw e nty-five (25 ) copies of the aforementioned application and plans s hall be submitted to the City. The Ci ty staff shall refer copies of the application and plans to all other appropriate agencies and shall transmit a report to the Planning Commission based on the information submitted. C . D. The City Planning and Zoning Commission shall hold a public hearing to consider the application. Notice of such hearing shall be given by posting the property and by written notice in an official newspaper not less than fifte e n (15) days prior to said hearing. Prior to approving the application, the Commission shall verify that the proposed development will not be detrimental to the neighborhood by reaso n of traffic congestion, restriction of light and air, or unusual characteristics of the proposal. E . The City Planning and Zoning Commission may disapprove the application if the proposed structure is out of character with the structure(s) in the block or facing block of the proposed site by reason of bulk, height, siting -3- • ., .. I • 0 - • • • ,..-. • • - characteristics or design so as to cause such structure to be substantially inconsistent with the character of the surrounding neighborhood or to cause a substantial depreciation in property values in the immediate neighborhood. 8-5-6-3: STRUCTURE MOVED TO ANOTHER JURISDICTION: If a structure is proposed to be moved from a site in Englewood to a site in another jurisdiction, the City shall give written notice to the appropriate official in the jurisdiction exercising control over the site to which the structure is to be moved. Such notice shall be given as soon as possible after the permit is issued to insure that the timing of the move can be coordinated between the two (2) jurisdictions. 8-5-7 : PREPARATION FOR MOVING A STRUCTURE : A. In preparation for mo,-ing a structure, the applicant shall cause : l. The openings in the vacated structure to be protected with s uitable coverings to prevent unauthorized entry or vandalism . 2 . The power to all service lines to be shut off and all s uch lines to be disconnected outside of the property lines . 3. The disconnection and capping of all gas , water, steam . sewer and other service lines as directed by the utility company providing the service . 4. Advance notification of all utility companies providing service to the s ite and their approval prior to utility disconnection . 5 . The payment of all utility capping. service and disconnection costs. B. No structure shall be raised from its foundation m preparation for moving earlier than forty-eight (48) hours from the approved time of moving. The City may , upon s how of du e cause by the structure mover . issue written approval for an extension of the above time . 8-5-8 : SITE MAINTENANCE , PROHIBITED CONDITIONS : A . The structure mover shall clean or cause the cleaning of the site from which the structure was taken by removing all debris, material or equipment. Further, said mover shall fill all holes and irregularities of the site within forty-eight (48) hours after the removal of the structure. Such site cleaning shall be to the satisfaction of the City . B. Stripping, salvaging and/or sales of parts or materials of a structure is prohibited on the premises, or any adjacent premises, from which the structure is to be moved or to which the structure is to be moved . 8-5-9: TIME OF MOVEMENT: The time of movement of a structure shall be approved by the City , and if the structure is to be moved over a State highway, !!I thorough another jurisdiction. the time of such move shall be coordinated with the State and/or the affected jurisdjctjon . the b111e ef 1111eh 11111, e eh11H he e111111lin11te!l .. ith the Steee Bep11rt111ent ef 'Fr11nsp11rt11ti11n . The structure moving permit shall -4- • .. ) I • 0 • • \-Q • .• p .,,..~ • .. • -' ' become null and void unless the move is completed within the specified time approved on the permit; provided, however, that the City may extend the time period of the move for forty-eight (48) hours after consulting with the appropriate agencies when the original time for the move is rendered impractical due to inclement weather , strikes or other ca uses beyond the co ntrol of the s tructure mover. 8-5-10: NOTICE TO UTILITY COMPANIES: At least three (3) days prior to the proposed move. the structure mover shall notify all uttlity companies maintaining poles , lines or equipment within the public right of way of the approved route . 8-5-11: ADVANCE POSTING OF RO U TE : When it is determined by the City that the movement of a s tructure along an approved route would be impeded by vehicles parked within the public right of way . the City s hall permit the s tructure mover to fflftH post "No Parking" signs along s uch rights of way at least forty-eight (48) hours prior to the moving of the structure . All costs of posting the rights-o f-w ay are the s tructure.mover's respon si b1litv . All sign s must be turned awav from the street immediately after the structure passes through the affected a rea a nd t he signs must be removed within 12 h our s after the move . The strttetttf'e me,er sh8H p8) the eest efpesting 88 ileterminell e) the C1~. The Cit; !h8H netttJ the State High .. 8) Dep8rtment ehhe prepesell me,e en the Ila) the me.,11g 11e1mit ta issttell. 8-5-12: USE OF STATE HIGHWAY . OR OuTSIDE LOCAL GOVE RNMENTAL AGENCY ROAD PRIOR APPROVAL REQ U IRED : k If a structure is to be moved from a s ite in Englewood a nd the move r proposes to utilize a route that involves the use of rights-of-way of the State or other local go,•ernmental agencies then the structure mover shall be responsible fo r obtaining a ny moving or oversize or overwidth vehicle permits required by the affected ~ State high n 8) 88 p8rt ef the rettte , the City shall neti!; the State High" 8) Dep8f'tment efthe prepesell me,e en the Ila) the me,;ng permit is isstteil. 8-5-13 : TRA.G'FIC H:\bARD PRSVE~JTI\~ MS,\SURSS :r.M.!'§PORT PERMIT OPERATING REQUIREMENTS AND RESTRICTIONS: The City Manager or d esignee may impose any reguirements or r estrictions on the structure mover it deems necessarv to protect City property· the health. safety and welfare of its citize n s and the people who use its roads. The costs associated with addressing these reguirements and re strictions s hall be borne by the structure mover. A. If, in the jttllgment ef the Cit), the me, ing ef a strttetttre ma) ereate 8 tr8ffie h11earil, a peliee eseert, er ether eseert, ma) ee reitttirell te be pre, illell b) the strttetttre me. er far the pttrpese ef regttlating traffie itleng the rettte ef t he me. e. Where stteh eseert is re111firell , the e.1pense shall be berne e) the strttetttre me.er. The eseert shall net ha,e the atttheriey te nai,e er .af) an) ef the re11tti1 ements ef the permit er 8pplieal,le seetiens ef the Celle. -5- ; ' I • 0 J- • • • .. • -' B . A Aeahinc red lich• eheH he rettm!'etl all eaeh main eemer ef the 9•Netllre he int me u eel anti all Mic e1ul ef an:, pre.jeee.ien thereee • he11 the att t1et11re is leeateti wiYlin a p11hlie Picht ef ••,. Se<;tion 2 Safety Clay¥@ The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Enclewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is neceBSary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. $es;tion 3 Sevemhility If any clause, sentence. paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4 lpcpQliat,ent Ordjnan,;es All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict . Section 5 Effect of repeal or modification The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision. and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits. proceedings. and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits. proceedings. or prosecutions. $es;tion 6 fen.altx. The Penalty Provision ofE.M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 20th day of March, 2000 . -6- I • 0 2 - • • .. • .. • • Published as a Bill for an Ordinance on the 24th day of March, 2000 . Thomas J . Burns, Mayor A'ITEST : Loucrisbia A. Ellis, City Clerk I , Loucrisbia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 20th day of March , 2000 . Loucrisbia A. Ellis -7- ,. , I .. ) I • 0 32X • • • ~ -• t :i:,, .. .. '< • • .. BY AUTHORITY COGNC IL BILL NO . 13 ORDINANCE NO . JL SERIES OF 2000 Ir 'TRODUCED BY CO 'NCIL MEMBER BRADSHAW AN ORDINANCE APPROVING THE ACCEPTANCE OF TWO EASEMENTS LOCATED AT 4601 SOUTH SANTA FE GRANTED TO THE CITY AS PART OF A MINOR SUBDIVISIO N BY DUGGA.'1 PROPERTIES L.L.C . WHEREAS , in order to facilitate a minor s ubd ivision of the Dugga n Properties located at Santa Fe Drive and Union Avenue in the City of Englewood , Co lora do the Owner granted an access easement for City ingress and egress to t he s ubje ct property and the property to the We st of t he s ubject property ; a nd WHEREAS , The Owner extended the se wer line and granted the accompanying sewer line easement as a part of the requirements for the min or s ubdivi sion : a nd WHEREAS , the acceptance of these easements will en sure City access for emergency and utility purposes ; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD . COLORADO , AS FOLLOWS : Section ). The grant of the access easement a nd the sewer easement located at 4601 South Santa Fe from Duggan Properties L.L.C. to the City of Englewood, Colorado , attached hereto as "Exh1b1ts A a nd B" are hereby accepted and approved by the Englewood City Council . Sectjon 2. The Mayor is authorized to e xecute a nd the City Clerk to attest a nd seal the easements for and on behalf of the City of Englewood , Co lorado Introduced , read in full , and passed on first reading on the 6th day of March , 2000 . Publis hed as a Bill for an Ordinance on the 10th day of March , 2000. Read by title a nd passed on final r eading on the 20th day of Ma r ch , 2000 . Published by title as Ordinance No . _, Se r ies of 2000 , on t he 24th day of March, 2000. Thomas J . Burns , Mayor ATTEST: Loucr1shia A. Ellis, City Clerk -1- ' . ., ..: ' 10 bi ) I • 0 - • • • • ~ ,,,..- • ... ...... , .. ·, ' • -' I . Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . ~ Series of 2000. Loucrishia A. Ellis -2- ' .. ,, .. 'I ) I • 0 - I •( • • ' . .. ,. • • - GR..\i'IT OF ACCESS EASEME;,\T TH1S GRANT of access easement (this "Grant") is made this~"' day of February , 2000, by Duggan Properties L.L.C. ("Grantor") whose address is 5942 K.Jine Street, Littleton, Colorado 80127 in favor of the CITY OF ENGLEWOOD , COLORADO, ("Grantee") whose address is 3400 South Elati Street, Englewood , Colorado 80110 . The parties covenant and agree as follows : 1. Easement Property . The "Easement Property" shall mean the real property located in the County of Arapahoe, State of Colorado, more particularly described on Exhibit A , consisting of .2_ pages, attached hereto and incorporated herein by reference . 2. Consideration. As consideration for this Grant , Grantee has paid Granter the sum of One dollar (Sl.00) and other good and valuable consideration , the receipt of whi ch is hereby acknowledged by Granter. 3. Gram of Access Easement. Granter hereb y grants to Grantee , its succ esso rs and assigns, a perpetual, nonexclusive easement (the " Access Easement") over, acros s and thr o ugh the Easement Property for the purpose of ingress and egress and general ac:ess to th e Ease:nent Property and the Property immediately to the West of the Easement Propert y. 5 . No lrnorovements . Granter covenants and agrees not to construct, erect, place or plan any "Improvements," as hereinafter defined, on the Easement Property without obtaining the prior written consent of Grantee . "Improvements" shall mean any structure, building, planting, trees or shrubbery other than lawns, commercial landscaping, and other exist ing features on the Easement Property, including, but not limited to, paving, drainage ways , retaining walls, speed bumps etc. Grantee shall have the right to remove, without an y liability to Granter, any improvements constructed, erected , placed or planted on the Easement Propert y w ithout Grantee's having obtained the prior written consent of Gran tor. 6. Subjacent and Lateral Suoport. Granter covenants and agrees that Grantee shall have the right ofsubjacent and lateral support on the Easement Property to whatever extent is necessary or desirable for the full, complete and undisturbed enjoyment of the rights granted to Grantee under this Grant. A:IA-ENGL WEOODACCESS . WPD -1- • ·, -.-~"' / X H I B I T A • ) I • 0 - • • • J ~~, .... • -' 7. Rights of Grantor. Grantor reserves the full right to the undisturbed ownership , use , and occupancy of the Easement Property insofar as said ownership , use, and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. 8. Abandonment. In the event that Grantee shall abandon the rights granted to it under this Grant, all right, title' and interest hereunder of Grantee shall cease and terminate, and Grantor shall hold Easement Property, as the same may then be, free from the rights of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned, provided that Grantee shall have a reasonable period of time after said abandonment in which to remove any or all Lines and Appurtenances from the Easement Property. In the event that Easement is abandoned by Grantee, Granter shall have the right, at its sole opt ion , to require Grantee to remove or neutralize any improvements constructed in the Easement by Grantee. 9. Warrantv of Title. Granter warrants and represents that Granter is the fee simple owner of the Easement Property and that Granter has full right, title and authority, Ll-iat this Grant is effective to grant and convey to Grantee the Access Easement , and that this Grant of an easement is superior to all other grants . Granter further covenants and agrees to indemnify, defend and hold Grantee harmless from and against any ad verse claim to the title of the Easement Property by all and every person or persons lawfully claiming or to claim the whole or any part thereof. I 0 . Binding Effect. This Grant shall extend to and be binding upon the he irs , personal representatives, successors and assigns of the respective parties hereto . The terms, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land . A:IA-ENGLWEOODACCESS . WPD -2- . ' • I • 0 I ·] • • • : . . . • • IN WITNESS WHEREOF, the parties hereto has executed this Grant of and Sewer Line Easement the day and year first above written . Attest : Granter: ~~~~~ STATE OF COLORADO COUNTY OF D( )L ()_{k_, ) ) 55 . ) WITNESS MY HAND AND OFFICIAL SEAL . Attest: My Commiss ion expires : -----~-----. ---~-· /. LINDA R. HULL I i l L · : _ . ---- NOTARY PUBLIC : N p bl ' ··-- STATE OF COLORADO : ot u ic ---..t M~ Comm1 sS10n E,pwes 2-&20oi Grantee : The City of Engle'..ood 'lb:lrras J. Burns, Mayor STATE OF COLORADO ) ss . COUNTY OF __..a,..ra...,r..a·a .... boe ........ --) Acknowledged before me this ___ day of _____ . ___ , 2000, as _________ and as WITNESS MY HAND AND OFFICIAL SEAL . My Commission expires : ----------- Notary Public A:IA -ENGLWEOODACCESS . WPO -3- • ,. ) I . 0 • • - _E COMMIT\IENT ~ F'OFI AHY TION ™AT ™E Tl<( 5'™ P.W. )NUM[HTS AS -NY PIJBL!C .c:fSSClf'r TAT\JTE • ' . •• t f'-nrr'I QfSCS:eT ..,,.. .. • • • .. C:..),. il I 1:)1 I M CA$ S\-'GC&S'iIO '· FIEVtSE:l #IU.,IR"r PARca A ritllCT OF l..),NQ BE INC 4 PClmON OF lr!E NW 1/4 Cf' $£C-:1CN 9 . T !S .. 'l.68W, or TI,;( 6iJ.4 P .W., COUNTY Of' .t.lW'AHOE. $TAT[ CF C::LOIWlO. 9EJNC WORE PARTICULARLT DESCRIBD AS f'OU.QWS: BCC:NNINC AT T'H( 1f£ST ON(-OlJAA'T'ER CORN(~ OF SAlO S(C:,ON 9 : MM:( N89"'8'00"F: ALCNC T\.E SOU™ UN£ OF r,;£ ""' 1/4 OF S.utl SEC-rlCN 9. A Dts:-NICt OF 1527.42 F'E!T : Tr,E!'<( N00'05'00 • .,, A DISTANCE Of' 158.00 F!rT TO T'HE SCU1'l-!WEST CORNE~ OF' A TR.AO OF' i.,UOC AS OESCRll!ED IN !!OCK 10 25, PAGE ~ OF n-;£ AIW'N;C( CC\JNTY RECOAOS ; Tl<ENCE 51!19"58 '00•., ALCNC " UN£ 1 ~.cc ~ N()lffl< Of' N'O PAAAULL wm-t THE ~ UN( OF fl,;( )fW 1 / 4 Of' SAIC S£CTI0N 9. A OISTNIC[ Of' lC.52 F'E!T TO TI-iE ~LY CORNE!! OF' P""C!l. ••• AS OESCM!Ell IN !!OCK 21~ AT PA(,£ ~2 CF n-( AAA!>~( cou..m FIECORCS ; THOICf NOC'O!'OO-. ALONG Tl,( WESTtRLY UHE OF 5A10 ?ARCE'1. "A", A CISTANC( OF 1 SJ.50 F!£'T TO TrtE NOR'TWWES7ulLT CORN~ Of' SAIC PARCEi.. •• •. SAIC ?CINT au-. CN THE SO\./lr!E.'IL ':' i'!1C>(r-OF-WAY t.:NE Of' WE$'1' UNION .&I/El'IUE; n.£!'1CE sar 11 'OC"[ Al.ONC S.,.,C SCUTHERl. 'f RICI-IT -CF -#AY UN£. 4 OIS7ANCE OF 21 B.5J FE::; TO 11"4( 'TRUE POINT CF BEGINNING ; THE!'oCE CCNTINUll'oC 54;-11'0Q"[ AlONC S.110 SO~Y ~Cl-'T-Cf'-WAY L!NE, A OIST»<CE Cl' 24 7 20 ~ i" A :,.,,Hf o~, ~ #£":~!.." ~t:'.J..IT-~r-#~~ _:Nf: O& ~-~-''41CHWAY ~ ~c. AL.SC 1<NOwN AS :..:iu-r ... ~HT'• F'! cRM: n-~.: s• :·29·~· .,, .... c ~ s.,,c WESTF:~Y RICHT-Cf'·#AT L.:NE. .& OCS;".i.NCE Of' :?:5.JZ i'!~. :"..,£.'i(~ Nl!9"4.!'~•# A 01~~( OF 147.0• <!!i'; Ti-~( '<,C',)4' .. •,w A C,.:, .. NC~ OF 13 .12 F'£::;'; Tl-E~E )149"0J'~e·11 A 01SiANCE CF 4i.i J F!!"' TC • ::>QINT CN Th( SCU'!"i-1 U NE er A 2! "OOT :,.~ESS-E:GRESS E:ASE:\.IE~ .\S ~ESEi<VEJ N :CC,< I 732. PACE eo : Tl.E .. C( seg-~e ·.::o-... ~=NC 5.110 scun,; \.!NE. A :1STANCE CF' 34.34 I'!!"': Tl-E'<CE Nco·:~·oo·.., " ;;tSi.i..-..CE: er 25 .oo r::r.-: r ... E~E N89'~a·oo·:: A .)1$'1'.i.. .. c:: ::r 1 .SC :;:::-. -:-... e:~E .. C::'09 ' 'c :: .> JIS'•NCc .;, 1 i2 . 7~ i'::::" TO ""'E :,;,N"' er :E~:NN ING . 1,(7.:JNE: :JL.G.:;.:.N :,.;;c:. • ;,-i;c::!. e r i.>NO s;:-...:.a·r i.. -... e: .. .., · ;• :, ~c:-:-:-:c N ,. r.s s . R.sa ·.w . er :'-E 5-;-..; ? .... i!E:NC A ;:ICFl""CN C, -, ... ,.r P&R C~:. :;£'.;CRIBEJ iN :!C()K 1 n :.:. PACE ea . AR.&P~E c::u:or.-•. c::L:F,acc 11cc:11cs •1110 3E NC wcRE "•RT'iC:.iL.>RLY OESCR18D .lS r'CL~:W'S . cewwCIC( •7 ';"lol ( s-:u-... w(S'7 c::;F.l"E~ er S.110 ... w ! / ._ CF SECTION 9: TI-E"'CE N99"~'JO"!. Ai.CNC 1l-£ s.;1.,"r ... ul'oE :F SAIC .. w 1 /4 or SE~'!'lCN i, A OIST~C( OF' 1 715.! I ~ ro Tl-( ~c,NT OF ac-:.:NNIP,Q, TI-E"CE '<C0'::5 ·oc·.w . "l:NC -:lo( ~ !..,.( OF' ~.c ~~E-Occ~eE:l 'N :CCI< 17 ~2 . F'ACE eo. A OIS7 .. NC( CF 1 J.3 JO :rL°T :o A :,,:1,-r ~ .. -... .: scur-'-!N( CF' -... e: iNC,,ES.S-EGR~S SAScJ,t~T Rts~ N S,l1C 3eei< : "J :;:, PACE !O; 1lo["CE '189-:AS':0°!. ALONG S,,10 seur ... _ .... .l :.1S-ANCE CF' 3• ;, <ff·· r ... e:-..c:E ;..g-~·~a:: A CISi.ANCE CF 4 7 > J "Er"'. .,..£.-.CE SOC":•· w ~ A ~ISiA/'oCE OF 1 3 . 12 :!.:.-. TI-NE S8i'4YQ0°e: . .l OIST.ll'oC( Cr 14704 :-:..!"' ·c A ::w;1N7 CN n-e: W(s:!RL~ RICH T- QF-#AY !..i'o( er us . ..,,CJ-'W.A T NO 3-5 ""-so ~NCWN "5 5,1,N T.l =:: c~ r ... ENCE 5 11 -29 ·!, • .,, ALCNC 5.t.iC '<l(S"" RICHi-•:F-NAY L NE . A CISi..,.CE CF' !9 ~ F;;;;T TO A "'::INT ON S.,.iC scun-WNE Cf' :i-( ... 1 / 4 ,;; SE·:7.0N ,: Tl-t E~CE se9·~a ·oo -,,,, >.L~NC SAIC SCI. 'l'I,, ... ,N( _. :;157~,.c:: CF 2cc :o :;:~ ;o r ... e: ?CI NT OF B(C:l'oMNe C[ffi]fQDON · I, 811(77 L . Wll...i'.i<, .l ~llCF::5S ,e""'L ,.,.,..C ,;..RvE'rCR •EC,S7E.~E:l IN i f,,( Si..t.7! ~F' c =LOR.ACO ,.,C:.~~3":' CE~ilF"' n-..A T n-.( SL:RIIE:'r Of' :;...e: ;,qcp~m :e::c:a1eo "E.•E N IS 3ASEO CN _. Fl(i..J SURvE" ""-'CE ~N CC"OEEi! .? '. : J!iS ,,,.CE~ wT OIR(~T SUPEi'''1S ICN _.NC CHEC«,Ne ANO re n-..: 3ES7 .;F WY <:SC · .. L.£:-c~ .... c 3E ... rr l'l-lS CL,>r CF SUFIV('( IS .i. c:RREC7 ANO .i.c:1..R,,.:r: RE;:'l(;E'o-:'.l :"C N v F' -:-... ..i.7 SI..R 1,~f 8FIE7T 1... t,IIL ~:c~ PF1CF'£SS ,C"'-"l •. S NO . 275C9 CATE Of' SUR'IE":'. ocoeE'l 21. 1 ggg ~· i . :: a: 27609 :~~ 0~ ~ .... :: ~. :~E \:J,;,-••. 1,fo •.. ~~ "s,. '/n •.••••••• c.: ., I • 0 • -. • I • · .. ... • -' EMERGENCY VEHICLE ACCESS EASEMENT THAT PART OF THE NW 1/4 OF SECTION 9. T .SS .. R.68W.. OF THE 6™ PM .. CITY OF ENGLEWOOD . COUNTY OF ARAPAHOE , STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHWEST CORNER OF THAT PARCEL DESCRIBED IN BOOK 7698 AT PAGE 236 . ARAPAHOE COUNTY . COLORADO RECORDS. THENCE S87 °11 ·oo·E. ALONG THE NORTH LINE OF SAID PARCEL . A DISTANCE OF 26 .07 FEET TO THE POINT OF BEGINNING : THENCE CONTINUING S87°11 '00 "E ALONG SAID NORTH LINE . A DISTANCE OF 35 .00 FEET: THENCE S02°49'00"W A DISTANCE OF 30 .00 FEET . THENCE S22°1T25W A DISTANCE OF 30 .00 FEET: THENCE so2•49·oo·w A DISTANCE OF 112 .02 FEET TO A POINT ON THE NORTH LINE OF A 25 FOOT INGRESS-EGRESS E.~SEMENT RESERVED AT BOOK 1732. PAGE 60 . ARAPAHOE COUNTY . COLORADO RECORDS . THENCE S00 °02 '00"E A DISTANCE OF 25 .00 FEET TO A POINT ON THE SOUTH LINE OF SAID 25 FOOT INGRESS-EGRESS EASEMENT: THENCE S89°58'00 "W , ALONG SAID SOUTH LINE . A DISTANCE OF 60 .71 FEET TO A POINT ON THE WEST LINE OF THAT PARCEL OF LAND DESCRIBED IN BOOK 1i32 AT PAGE 60 : THENCE N00°05 ·o o·w. ALONG SAID WEST LINE . A DISTANCE OF 25 .00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL OF LAND DESCRIBED IN BOOK 1732 AT PAGE 60 AND SAID RESERVED 25 FOOT INGRESS-EGRESS EASEMENT: THENCE N89°58 '00 "E. ALONG THE NORTH LINE OF SAID PARCEL OF LAND AND THE NORTH LINE OF SA ID RESERVED 25 FOOT INGRESS-EGRESS EASEMENT, A DISTANCE OF 11 .60 FEET TO A POINT OF NON- TANGENT CURVE . THENCE ALONG THE ARC OF A CURVE TO THE LEFT WHOSE ) CHORD BEARS N42°06 '39"E A DISTANCE OF 38 .00 FEET. SAID CURVE HAVING A CENTRAL ANGLE OF 78°35'17", A RADIUS OF 30 .00 FEET AND AN ARC LENGTH OF 41 15 FEET TO A POINT OF TANGENT: THENCE N02°49'00"E . ALONG SAID TANGENT , A DISTANCE OF 143 34 FEET TO THE POINT OF BEGINNING THE ABOVE DESCRIBED PARCEL CONTAINS 6,396 SQUARE FEET (0 1468 ACRES ) THE BEARINGS USED IN THE ATTACHED DESCRIPT ION ARE BASE D UPCN THE ASSUMPTICN TH AT THE SOUTH LINE OF THE NW 1/4 OF SECTION 9 . T.SS .. R.6BW .. OF THE 6 '~ PM , BEARS N8S '58 ' o·e AS BOUNDED ON THE WEST BY A 3Y, ALUMINUM CAP LS 16398 IN A RANGE BOX ANO ON HE EAST BY A 3 \1," ALUMINUM CAP LS 10734 IN A RANGE BOX . DATE PREPARED · FEBRUARY 14 , 2000 DATE OF LAS T RE VISION : PREPARED BY BREIT L. MILLER . PLS NO 27609 FOR ANO ON BEHALF OF ENGINEERING SERVICE COMPANY 1300 SOUTH POTOMAC STREET. SUITE 126 AURORA. COLORADO 80012 PHONE . (303)337-1393 I· 0 • • • ~ ,,,-- • ,. ~'' .. • • POINT Of' COMMENCEME ,.. CCIINIII ""-- D11D -79e -ZJI I ' I I I I ' ' I I I ' ' ' ' 6•78"35'17• I R•J0.00' I L•41.15' I Chcl•N42"09'J9"E 38.00' f N00'05'00"W 25.00' ' ~ EXHIBIT POINT Of' BEGINNING WEST UNION A VENUE (11.0.11. YMIO) sar11 'oo"E 35.00' 71! li.o -r--..i._-------------- • ,.., ,.; .,. ~ .8 a, .,. N 0 z N 0 N -- S02'49'00"W 30.00' S22'17'2S"W JO.CO' PAftCEl-CQNTNNS · .. .,.. .._ 'l[f OIi D.1-C11D socro2·oo·E 25.00' N89'58'00"E 11.60' -~ 9-.• T!I!!!.: ;;.;TiNiil''.:.I...,__ ' : ' I ,, "-! ' S89"58'00"W' 60.71' EMERGENCY VEHICLE ACCESS EASEMENT IIIIMIIII II H • 1/• fl1 m:1111 I, US.. ...... fll'IIC .. fl.II. err, a,--. --~-- • ' ., ~ • I I . 0 • • -• .. " .,-. • I ' • -' GR..\.J."JT OF SEWER LINE EASE:\'lENT THIS GRA.i'IT of sewer line easement (this "Grant") is made this 2~"' day of February, 2000, by Duggan Properties L.L.C. ("Granter") whose address is 5942 Kline Street, Linleton, Colorado 80127 in favor of the CITY OF ENGLEWOOD , COLORADO, ("Grantee") whose address is 3400 South Elati Street, Englewood, Colorado 80110. The parties covenant and agree as follows: 1. Ease:nent Propertv. The "Easement Property" shall mean the real property located in the County of Arapahoe, State of Colorado, more particularly described on Exhibit A. consisting of I page, attached hereto and incorporated herein by reference . 2. Consideration. As consideration for this Grant , Grantee has paid Gr:mtor the sum of One dollar (S 1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by Grantor. 3 . Grant of Sewer Line Easement. Granter hereby grants to Grantee, its suc cessors and assigns, a perpetual , nonexclusive easeme:11 (the " Sewer Line Easement") over, under, across and through the Easement Property for the purpose of constructing, operating , maintaining, repairing, replacing , removing and enlarging the "Lines and Appurtenances," as hereinafter defined. The "Lines and Appurtenances" shall mean one or more sewage p ip elines and all necessary underground and surface appurtenances thereto necessary or des irable for the transmission of sewer, including, but not limited to , mains, conduits, vaults , ventilators, electric or other control systems, cables , wires and connections . 4 . Access . Grantee shall have the perpetual, nonexclus iv e right of ingress and egress in, to, over, through and across the Easement Property for an y purpose necessary or des ir able for the full enjoyment of the rights granted to Grantee under this Grant. 5. Restoration. Grantee agrees that after the construction , maintenance, repair, replacement, or enlargement if any for the Lines and Appurtenances, Grantee shall restore the surface of the Easement Property as nearly as reasonably possible to the grade and condition it was immediately prior to said consrruction, maintenance, repair, replacement, or enlargement, except as may be necessary to accommodate the Lines and Appurtenances. Grantee agrees to restore and repair any improvements ofGrantor on the Easement Property which are damaged, modified or altered by Grantee during said construction, maintenance, repair, replacement or enlargement. Grantee further agrees to replace any topsoil removed from any cultivated or agricultural areas on the Easement Property and to remove any excess earth resulting from said construction, maintenance, repair, replacement or enlargement, at Grantee's sole cost and expense . A:\A-SF _lJTIL_EASE .Wl'D • I! X H I II I T 8 ' . ... I • 0 J- • • • .. ~ --• ..... , .. , . • -.. IN WITNESS WHEREOF, the parties hereto has executed this Grant of and Sewer Line E3Sement the day and year first above written. Attest: STATE OF COLORADO COUNTY OF G.e IL t.l.1h.. ) ss. ) Grantor: 0t~!:$ L.L,-~c~wledged before me tJ,ii,s .:?-L{tJl day~'u.l~~ , 2000, as -i-+-----~--Pif'l-'.:§-++-L_-i<......_·_ and Gf.._tlLJ.JtJ_,v.. ~C ~IVol las v\... a.. t-L ol....;:[ .,__~ './ . Attest: ,_) WITNESS MY HA..t'ID A..t'."D OFFICLA.L SEAL . My Commission expires : ---------- ( ~ ,-<i~ q r...... · uNoA i. ·HuLL i NOTARY PUBLIC ; ••• STATE OF.CO.LO~ADO. My Comm1ss1on Expires 2-6-200 I 1 ' .J -~Public Grantee : The City of Engle...ood Thomas J. Burns, Mayor STATE OF COLORADO COUNTY OF l\rap,;~Jx:ie ) ) ss. ) Acknowledged before me this ___ day of _________ , 2000, as ----------and as WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires : ----------- Notary Public A:IA-SF _ UTIL_EASE. WPD -3- • ... . . . ) I· 0 I • • - noN THAT TliE T),E lili P .M. JNUMOn'S AS 'L .-cn()N 'S AFTEil TION BASED ~ ~ 11:AHS • .. ~ -· • f·'!,, .. • -~ l ECi!t PfSCfflP! REVISED WIU..AR'r PARCa A ~T OF l.lND 8E INC A PORTION OF THE PM 1/4 OF" SECTION 9. T.5S .. R.6.!!W .• CF THE Pi P.w .• c:li.JNTY OF NW'Ar!OE. STATE OF COLORADO . BE ING r.lCRE PMTIC\.IL.AALT DESCRIBED "5 rou.OWS; BCGINfiltlG AT TH£ WEST ONE-CUNn!.'I CORNER OF SAID SECilON 9: Tl;ENC£ Nff'58"00"E ALONG ™£ SOUTH UN€ OF THE PM 1/4 OF SAIC S£C-rt0N 9. A OIST"NICE or 1527 .42 Fm: THD<E P'I00'05 "00·•. A DISTANCE OF 1~.00 "!ET TO l1"E 5CVTHWtST CORNER OF A TR.ICT or L.4ND AS DESCRIBED IN 80CK 1025, PACE J8o& er TI,€ AA>PN-lCE. CCXIHTY RECOflOS ; Tl-fENCE Sl!9"58"QO•N ALCNC A UNE ,,a.co F!!T N()lffli or ANO PAAAU.!L W!Tl-l THE ~ LINE OF THE NW 1/4 OF SAID SECTION 9, A OISTAIC( OF 10.5:Z Fm TO THE SO~LY CORNER or P~ "A" AS OESCltll[D IN 9001< 214a AT PAGE 5.32 OF THE AIW'.t.HCE CCUNT"Y RECCROS ; THDC!: IIIOO'~'OO"'# ALONC THE WES"TERLT LINE OF SAID ?ARCa "A", A DISTANCE or 18J.50 FErT TC THE NORTHWESi.:RLY CORNER er SAID PARCEL "A". SAIC "OINT BE .NC ON THE 50\J™~LY RIG>(l'-Qr-WAY UNE OF "NEST UNICN A\IOIIUE; Tl<ENCt 587"11 '0()"[ ALCNC SM) SOU™ERl.Y RICr/T-CF"-·NAY UNE, A OISoANCE OF 2,e.eJ FE!:i ro THE TJ!VE POINT OF BEGINNING : Tl;E~E CONTINUING $87"1 roe.: AlONC SAID SOUTME:Rt.Y ..tc;;.,T-CF-WAY LINE. ,. DISTANCE OF 2 .. 7.20 ~ Ti) j ~f')!NT C!"t N[ ~~LY Cf1('-WT-,~~-'#.~'!' :..!NF: ~ :.J .~. 1~CHW.A 't' ~ qc ALSO KNOWN "5 :;ovr" ~Nl'A F! ORI\/£. TH~£ s· :·29·~ .. -... ~ .. ::.G S,>I[ WEST!.Ql.Y RICHT-Or-4AY LJNE. A OCST~CE OF" :J~ . .32 F::::7 : -:",-;~.'lC£ Ne9'"4.J'OO•# A DISTANCE OF 147.0 .. F"rri: TI-,~£ ,;cc~·_._. • .., ,. OtST .. NCE OF 1J.1 2 F!!:i: ™ENCE N-49"CJ'5a·N 4 DISTANCE e, 47 .7 3 F:I"" re 4 ;:,c1N T ::;N THE SOUTH LINE or A 25 FOOT lNGRESS-cGRESS E.A.SE);E~ "5 RESC:i<',D IN :CCi< 17.J:z, PAGC: 50; Tl-iE'ICE: S89"~a·co·N . Al.:lNC ~D SCUTH l.!N E. 4 OIS7.lNCE: C• J-4.9-4 ~: TI-;~£ NCO'O!S"oo·.v A u!Si.:.NCE: OF 25 00 r:Z"T . n-E'ICC: N!9'51!'00":: IA OIST~CE OF 11.60 Fr:r7: r ... £:-.CE: N0,09""0: A CIS,>NCC: .:;r 172 . 7~ F::E:T TO r"E PC1NT er SES ll'<N INC . A PAACE!. or LAND Srn.!A 7E IN THE NW 1/4 CF" SE CTiC N •. i .;:S .• R.:S 'N. o r Ti•£ 5..., P .M .• BE!NG A PCR TICN CF Tl-'AT PARCEL 0ESCR1Bf0 :N BCC" 173,. PACE 60 . ARAl'-'HCE CCUNTf , C:::LOFtlCC REC ORDS ANO BE iNC lol CPE =•i<tC:...L~L' 0ESCRl80 AS -CLLCWS. CCMMENCE ,., r;..E SCU-:l;WES CCF<N£;:! er $.'JC 'IW 1 / 4 0 • S£Ci1C N ,: 71-E'ICE Ne9"~·oo·::. ALONG n-,( SCUT".-i Ur.£ er ~o NW 1/4 o r SEC'.1CN •.• CISTANCE: CF 1716.~I ,,..~ ..... TO THE "01NT OF SE:i:Nl'IINC, Tl-:E'ICE: 'IOC":s·oo·N . "LONG T>.E WEST UNE OF S.:.10 PARCE L DE"SCRteEo IN :CCI< 1732. P4Cc: eo . 4 CIST.ll\oCE e r IJ..3 .00 "!<'" TO .l "C INT ON ,,..£ SCL,T ,-!N( CF 71-'( ING1lE3S-ECi<~S c.-'$~1,1Dl 7 RESE:NO IN S.>IC 9CCK 1 "3;:_ P•CE EO : Tl-,('<CE Nl!9'~·cc ·::. •LJNC s.>,D sourr1 l.!NE, A 01Si...-.CE CF J4 ;, •EE"": n-,()'<CE S49"0J "5a·:: A CISTANCE: CF 47 73 F"EF:T : n-tE.'ICE SOO"o .. ·._.•,: A CIST~CE OF IJ.12 ;~-. 1"',,(.'4CE S!9'4J"OO"E , A 01S"7.l.NCE CF 147 .04 F"":..:.~ TO A "CINT CN iJ.,[ 'NES7!.•LY i'IIO•T- OF-"NAY UNE er u .S . .-IICHWAY NC . a5 ALSO \(N()WN AS S...NT .. F:: OR!',~; Ti-ESC£ S 11·29 ·5,•,v _ 4LCNG S.>10 WEST RIGHT-Co-NAY l.!NE • .o. QfSTNjC( OF ?9 !.8 r::r; TO A P')INT ON $.>IC scun-; UNE or r ... e: 'IW 1 / 4 o r SC:CTiO N 3: r r-E'ICE S1!9"!:1!'00-N . AL ONG S,110 SQlJTI-, i..,NE • CIST .. NCE 0• 200 .CO "!CT ro r..,E PCINT OF ae:c :NNINC . TME ABCVE OESCR '9E :) "ARCE!. CC N"'.°-'JNS 21 .0•9 SC t;.:.PE '::E"'" (0 . ·~~. ~C;1£S) I, BRE7i L. MIL..E;l , .:. ::>Rc.,;ss :c""'L \..),J',Q SURvE'rCR ilEC:S70:.~D IN 7;..e: STA-:C: er COLOR,ow ,.,;:;;e::"':' C(il,,IF ' n-;.,.r iJ.,E SUAVE" 0 • !l-'( ;>'!CPER:Y OESCR IBE~ >'ERE 'N iS BASED CN • FIELD SURV EY W.Ct CN QC ,CSEii .:? 1. 1 999 •JNCE'-IN DI RE ·:, SUPE?'IIS :CN "'N D CHECl<INC 4NO ro iH E BE:,":" CF MY ~NCWLZDCC: J.NQ ae:..i rr Tl-IS :,__.; .:F SUR'/£"( IS A CC RRECT ,.N O .:.C:L:RATE RE='lESE'ITA nO N OF" T;.,,,.7 SLiR ',£"' BREiT L. lollL LE ~ PAOF"ESS :Cl'<A L .S NC 2~5C 9 CATE OF SUR'~: OC7C8E;:! 21 . 1999 '· ' ' • I • 0 - • • -. • • - SANITARY SEWER EASEMENT THAT PART OF THE NW1/4 OF SECTION 9, T.5S .. R.68W., OF THE 5TH P.M ., CITY OF ENGLEWOOD , COUNTY OF ARAPAHOE , STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCE AT A POINT ON THE SOUTH LINE OF SAID NW1/4 , SAID POINT LYING N89°58'00"E 1716.81 FEET FROM THE SW CORNER OF SAID NW1 /4 : THENCE N00°05'00'W A DISTANCE OF 120 .00 FEET TO THE POINT OF BEGINNING ; THENCE N00°05'00'W A DISTANCE OF 30 .00 FEET ; THENCE N89°58'00"E A DISTANCE OF 60 .72 FEET; THENCE S00°02 '00 "E 30 .00 FEET ; THENCE S89°58 '00'W A DISTANCE OF 60 .70 FEET TO THE POINT OF BEGINNING . THE ABOVE DESCRIBED PARCEL CONTAINS 1,821 SQUARE FEE T (0 .04 18 ACRES). THE BEARINGS USED IN THE ATTACHED DESCRIPTION ARE BASE D UPON TH E ASS i.J MP IO N TH A T TH E SOUTH LINE OF THE NW1 /4 OF SECTION 9 . T .5S .. R.68W . OF THE 5TH P.M .. BE.-1.RS N89'5a ·oo·E AS BOUNDED ON THE WEST BY A 3y,· ALUMINUM CAP LS 16398 IN A RANGE BO X AND ON n,E E,-1.ST BY A 3y.· ALUMINUM CAP LS 10734 IN A RANGE BOX . DATE PREPARED : JANUARY 20 . 2000 DATE OF LAST REVISION : PREPARED BY : BRETT L. MILLER, PLS NO . 27609 FOR AND ON BEHALF OF ENGINEERING SERVICE COMPANY 1300 SOUTH POTOMAC STREET. SUITE 126 AURORA . COLORADO 80012 PHONE: (303) 337-1393 • ) I· 0 • • -. • .::..ai; -:-· -· N00"05'00"W 30.00'- POINT OF' BEGINNING -· • .. • - EXHIBIT r-~;~~:;:E-----;~_;;:--_: _____ -----r------------. £l0$!1NC: 25" ACCESS £.<S[M(NT (91. 1 732-PC IO) ---------------------------------------- sag·sa·oo"W ,, : ' I ' 60 .7°' ' lL. ', '1tfOl'O!m~ ---------~: soo·o2·oo·E 30.00' LO-r J ~~ L __________ _ I.OT 2 POINT OF COMMENCEMENT ,. ~ l'MCII. ODD IIIOIC 1732 1,121 _,... IUT OIi 0.0411 IICIID CllY OF ENGLEWOOD . SANITARY SEWER EASEMENT • ------------· .. I • 0 • • • I I ( I ., ., I ,, JI ,, ,, I 11 .. i~ •.! Ui : . ;: 1; .i ' ., :, I' I I I I I I I I I I I Of ~ -·tr ... ......... -- ;1. iS ·-~ n, :;; ·~ =· )! ~ I" 2 g .. !! -·-~· ,_ ........ ~~ I • ·,·- c:m-..,,.. ·--*~ ·--{._ .... _, Sanitary Sewer Easement ~ ,...--• • .. .. • -' •, Emergency Vehicle Access Ease-~ent ~ I • C, • ]-- • • • i• ~-. ORDINANCE NO. Ja:: SERIES OF 2000 • • - BY A .THORITY ... COUNC IL BILL NO . 14 INTRODUCED BY COUNCIL ~1EMBER BRADSHAW AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD FOR THE PURPOSE OF EXCHANGING GEOGRAPHIC DATA. WHEREAS, the City of Englewood deve loped a co mpute rized Geographic Information System (GIS) in 1989 using the industry standard Arclnfo software: a nd WHEREAS. the GIS provides maps and associated data a bout city parcels . including address, land use . dwelling units, tax parcel numbers , enterprise zone . owner name, mailing address . appraised value, etc.; and WHEREAS . over the last two years Arapahoe County co mple t ed a co unty-wid e GJS base using Arclnfo GIS software so that their data is compatible with Englewoo d . Littleton and Aurora ; and WHEREAS , this expands the availability of data that Englewood may wa n t to share; and WHEREAS. so me of the mformation that Englewood maintains is updated through data sharing arrangements with Arapahoe County ; and WHEREAS . although Englewood ha s been sharing s ome data for several years , Arapahoe County has mmated an effort to formalize data sharing arrangements with Englewood a nd the other cities in Arapahoe County ; and WHEREAS . the passage of th.i s Ordinance authorizes an inte rgovernmental agreement requiring that the City enter agreements and track copies of the data lent to consultants. which include typical copyTight notices and disclaimers limiting liability ; and WHEREAS , th.is Intergovernmental Agreement is an acknowledgment that Englewood and Arapahoe County jurisdictions overlap , that they both serve some of the same r esidents and that Arapahoe County is willing to s hare data with Englewood s ince Englewood is willing to make the arrangements reciprocal, thus avoiding costly duplication of record keeping; . OW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD . COLORADO , AS FOLLOWS : Section 1. The ·'License and Exchange Agreement For Geographic Data··, attached hereto as "Attachment A," is hereby accepted and approved by the Englewood City Council. -I - • 10 b ii ) I • 0 • • • " --• ' . ..... .. • -.. Section 2. The Mayor is authorized to sign the "License and Exchange Agreement for Geographic Data'' for and on behalf of the City of Englewood . Colorado. Introduced, read in full , and passed on first reading on the 6th day of March. 2000. Published as a Bill for an Ordinance on the 10th day of March, 2000. Read by title and passed on final reading on the 20th day of March, 2000. Published by title as Ordinance No . _, Series of 2000. on the 24th day of March , 2000. Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis , City Clerk of the City of Englewood , Colorado. hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 2000. Loucrishia A. Ellis -2- • , . \ ' . . , '- I • 0 • • • .. ~ _. . • ... <· • -' LICENSE AND EXCHANC.: AGREEMENT FOR GEOGRAPH IC DATA THIS AGREEMENT made and entered into t hi s dav o=~~~~~_.2~100 a nd b e t #een the County o: Arapahoe, Colorado (County ); a nd t:ie C~::y o: b y En glewcod , Colorado (City ). E"or a nd in c on s id.erat:..on of t:ie mut u a l covenants, conditions and other good and va luab l e cons:derat~on, t he hereb y as fol lows: p:-::::i..:.ses, te=:~1s a:iC oa=:.:.es he=ec o ag=ee 1. Defini.tions. Fo r p u =p,oses a: t!1.:.s Ag =eeme~:, un -es .5 t:-.e l a nc;t.:age or contex: c l ea:-:y i:i.d!.c=,::s t:ia: a d:..::e =e nt mear.:.:-.~ is in:~:--.:!e-.:, t h e '"'crc!s , te=ms or ph=.-ases sta:ed be.:.o w s r:.a:.:. Ce Ce:.:..:1ec as :c :2.ows: "DA7.~." mea n s t:iose graphic or t abula r dat a i:i d::.=::.tal e:e c ::r~:ii c or d~;::.:.;: opt.:.c a: for:nat spe ci.f:..ec! in Ex:1il:-.:.: ".;, '' a::ac:i~C he =e:o a:-.=. incor;c =a ::".: h e=e i:: b y this reference. It excludes a n:,.,· c::m;::t.:~e = ~r o g::-an c ::-s cu=::e .::oces, wh:.c ~ i~te_lec-:~al prope=::..es a=e not c~ve=ed b y :~:.s aq::-ee ne ~:. CA~A Cc~s ~c: i:i.c!.i.;Ce t!i e infor.nati on cc:i-:ai:ied i:1 pub::: =e -:o =.::.s t :l a: ha·i.::: beer. cor.·Ie =-=== :o c~;~:al f~=:nat, but on!J t!ie!= C!g:::: =~=~- " .... c:-.c =" mea~s t o uze it. "Pa=-:!es'' mea:1s the Ci :y c: E~<;l e wcod an d -=~e Cot:~-:y o ! A=a~a~ce. "Ha=C co~y " means a reproduct!.0:1 c : t!-'.e o.:..:.~. i:i a v:st.:a.:. :c =~a-:, !:1 c :·..1c::-:~ wit!":ou t l!;n:. ~at!.on phctoc;ra?h!c , xe=og =:.;:!i !c, b l •..1e;:=:n:, myl ar, C:.a =:, pr!:1t=C , line Cr awn, or a n y ot~e = r ~~=es e~:a ::~n t~a: ca~ =e =eaC by t :ie ~Je . "S o :~ cop y " rr.ea:-is a reo:~Ct:c :.:.c~ o: t:'le r;.::-.~ 1:1 a a:.;: :a.:. e.:.es :::Jr.:.: o = di.;.:.:a: opc :.cal fo::-:nat, wh e:::e= 0:1 ta~e, c::!:.sc, ::y ''"'!.=e ::=a:-.s:~=, o= :.:-. s c :7:e oc~e= ccpy o = t=a n s!e= ~e~:~~ w ~~=~ p=ese='les t~e := c:;:.:a: c~a=3c:e=. "T hi =~ par-:y '' mea:-is a ny eca: pe=s o ~ o:~e = t~a :i t~e c:-y o~ E~ :ewccd c = c~e Ccu:i~y of Ara~ahce . 2. P·..1 r:iose . T!1e ~u =?c ses of t:;is ;.g==:e~e:;t i:icl.-~Ce de:.:.:1.1:-.g c :"'.e r ig!'::s a:id oi::::.igations o: t :le E=a=::.e s '~it!i re s~ec: t o sha:-.:.:1c; o : D~.:-;.. b e :wee:-. the parties, protect i ng t he r ig~.cs o: t~,e Dono r i:i the D,'.T.0.., c o ntroll~~.g t:ie repr ::,du ct.:.on o: t:le DA:".~ b y t:le Reo::ipi en t , t:le a-;a .:.!ab i:.:.:y t:i t:1.:.=d p a=::9s f=om ~~e Recip.:.ent of c op:e s o~ s ue~ s ha red DA7A, a :1d c~e co~c=~l ove = f~=-=:1 e = c o p y i:ig of s uch DATA t h r oug:i a cross -licens i ng s ystem. T:i e ~~YA we=e a ~= a=e k::eing deve lo ped wit h a s.:.gr..:.:.:.c a:1t e x;:e!'.C:.t'..l =e of public !:.:nds, a :-.:! t~e par:~es have an interest .:.:i prese :vi:1c; t ~ei = o~po r ~~nit:es t c r eco~~ s o ~e c : their coses of develop ing a:id mai:ita::.:ii:ig these DATA. 3 . Ter:n. P.. The te=:n of t :lis Ag:-eement sha ll. be f ::,r te~ y e a:s f=om t:'\e date of execucio:1 , b ut eit he = pa=-:y may cance : t.:l:.s ~-<;=2e::-.er.: upcn s::.x mont:is written notice t o t he ot:ie= part y. B. Regardless of the d ate of execution hereunder, t:i.:.s Ag:-ee:ne:-.-: s hal l be in e ffect wit!'.! respe c: t o a ny par::ic:ilar DAT.ll. fr or:i t:ie da ::e o: receipt of t he DA7A by t he Re ci p i ent f=om t:ie Don o r un:i.:. t :i e ret ,.;=:i or C.IDATAIFOIU•1S\Ar:ipco GlS Agreement as n:vis cd .do c • r ' ,-. ' . ~ I • 0 - • • • .. _ .,. ,,-. • • - cerci:ied destr~c::on of t:,e DA~A by t~e Recipient, u~_ess ea=~ie= te=~~~a:ed by law or according to the terms herein. C. The te~s o: th.:.s Agreemer.t sha l_ a99ly to Rec:.pie!"'!.t's rece:~t of t~e DATA or an y ;ort.:.on t~ereof, whet!"ler pr:.or to, concurrent w::~ or sut:sequent to t!"le date of execut:.on. Por:ions of the DA7A rece:.·1 eC a::er execution of this Agreement s hall be co•rered the same as i: or:.g~::al!.1 ir:c!.ucec he re in. 4. Terrn ina t:.on. A. Upon te.=:nination of this P..greeme!"'!.t, Recipie:.t sha.:..l, w:t:i;.:--. f:.·,e Cays, ret ·J=:1 a ll s of~ c::pies of t:i.e o;.:~., w:.::i ar.y acc:.:.:.cr.s a::C :ncc!i:.:.cat:ons, t o Donor and sha~l cert:.::;, in wri.:ir.<;, t::-la~ a:..:.. o::11:= sc:: c op:.es t~ereof have been destrcyed. 8. Recip:.e!"'!.:'s otl:.gacio~s respe c::.~g c:~::~e::::a:::y c~ t~e c~:A s~a--scr7~7e te=~:_::ac ion of c::~s Ag=ee~e~:. 5. La·:e=s. Re-~r ~=~r wi:: kee; ~o~o ='s :~:~ :~ o:-:e o = ~c =e c:_sc:e:e a~~ se;a=a:e laye=s read!:y i~e~c:~:ab:~ as :c:::='s :A:A a::~ ~=:tec:~d !=om u~a~c~c=~:ed ac=ess, ta=;e::.::;, c = cc;y :~; :~ s c ~: c~py !::~a:, a:-:~~::_ nc: st ~=e ::, ot~e= t~an te~rc:a=::y f c = ;u =;c se! c : man:_pc:a:::~ o = ~:::-::::-:~, me :;e~ w:.:~ ot~er e:ec:=~~:.~ da-a. ~e~:~~e::: w::: 1 se i :s bes: e!!o=:s to kee= ar.d ma:~cai~ t~e DA:A i~ a sec~=e ~a~:-:e= s c as t ~ prec~~=e u~ac:~o r i :ed u~e, c!sserni~a::_on or dis=:osc=e. 6 . Owne=sh:o. The o;._:A is :;"'l.e pr::pert y of Dc:-:c=, and Dor.o= r es-:=·,es a:: ri;:"'.ts of cwr.e=sn:.;,, tit:e a:-.C cor.:r::i: t :> t:1e DP.':'.:.. u::Ce= co:t1_-n on law, feC:e=3: copy=i gtc law o r ot~e= la~ r~:ac:.r.~ to con!!de:::ia: and /o = t:5de se-:::et in!c:~at:.0:1. '!':le par:ies ag:-ee ::lat t!":e Ceve:c;::ne:1t o: t'.ie DP.:.; r e~~:.=ed the sk!!!ed e!!~::s o! pro !ess!o na:s 1~ i:s ~es~;:-: and c=~p:_!a:1 0 ~ a::d t~e end p=cC u=: is t~e res~l: o~ ~~e o =:;:.::a: wcr~ o : Ccnc=, i:s em~!~yees a~c agen:s. ?~=s ~a ~t :~ Colo=3do la~, t~e D~7A is a t=ade sec=e: c= Dor.c= a~d ma y on:y be used as a ut~o =:.:ed he=~:~. 7. Obli.oat~or. o~ Ccn!ide~:ia!i:~. aec:?~-:r.: a c~~cw!edges a~d a;:ees t~at Do~o= reser7es al l ri.;r.:s of o~ne =s~i;, c::le a nd c on :=ol o: t~e CA:A. Recip~ent a g =ees t~ac i: w:!~ :=eat t~e DA~A as con::.Cent:.al a~d :=ade secre~ inforMation. Ex =e~c as author:_zed in this Ag=ee~er.t, Re~ipient sta:1 nc: ur.Cer an y circumstances disclose o r di.ssem:na:e t~e DA7A or any po::1 o n t~ereof to 1 ) ar.y ache: {:nc_ucing gover:une~tal, eCu ca:i.cna~ o= no n-p=o=~:) pe r son, fi.r.n o r entit y or organi.=ation, or 2 ) an y employee o: Re ci :;::,ien: who dces net need access t~e=eto i~ con~ec:i.cn wit:1 Reci.;ient 1 s exe==i.se o= i ~s ri.;hts under thi.s Agreement. 8. Assistance. At t~e =eq~es : of t~e Dcr.o=, Rec:pient s~a:: use ~:od faith and :eascnab:e e::o=:s to as~:sc the Dcncr i~ iCe~t~!yi.ng ar.1 u se, copying, or disclosure o: t~e DA7A b y any c~r=ent or :or~er Rec:.pient pe=son~el or a nyone e lse who ~ay have c~me i~to possess:.o~ of the DATA w~i!e t~e sa~e was in Reci~ie~t'~ possess:~n i~ any manner t~a: is cont=a=y t c the prov:.s1ons of t his Agreement s o long as t~e Dono= sha!! ~ave prov:.ded Rec:?:ent wi~~ i~fo rmat ion reas cnac·y just:.!ying the c:nc!usion of the De r.a = t~at such contrar1 use ma y have occ~rred. C.IDATAIFOR.\ISIAr.Jpco GIS Ag~emcnt :is rcvis cc:d oc • ., ) I • 0 J • • .. • - 9. Iniunc::ive Relief. Recipient ack..,owledges and agrees t~a-: disc losure or use of the DATA in breach of this Agreement cou!d ca u se irreFarable har:n and significant injury to Donor, wtich may be di:fi=~l-: t o meas u =~ wit~ cer~ainty or to compensate through damages . Ac::=Ci~g!y, Recipient agrees that Donor may seek and otcain against Reci;ient a nd an y other person or entity, injunctive relief for the breach or threatened breach of an y of the terms and conditions of this Agreement, in addi-:ion t o an y other equ:.table or legal remedies wh ich may be a,,ailab le to Doner. l . License. The Donor he=eby g=ancs t~ Rec!~!e~: a n on -exc~~s :.7e, non-:=ansferable license to the DATA to be used s~=!c~:v a~c c~:y i ~ ac:c=:ance wit~ t~e provisions stated i~ t ~i s Ag=ee~e nt~ A. Recipient shall o~ly use t~e ~A7A f== ?~=?cses :~ =o~~ec::.c:: w::~ its ow~ proJects and deve~o ~~e~:s and not o:: be~a:: o : a~y cc~e = pe=s c ::, co=;o=ation or e~cicy of a~y nat~re whatsce?e=. C. Rec:.;;:.er.: ma:; nc~ use, c~py, :ncc:.:y . ass:.~:-. o = :=a::s:e.: :::::1 e :.::.:.; or a::y cop y , moc::.:.ca-:.:.on o= me=:;'=C po=:.:.or. ::'!.e=e~: 1 i::. -.... r.c :e o::-1:: ;:a =:, i:: s o:: copy f o nat except as p=oviC!ed f o = i:-. :::..:.s .:..~=:e:ne:-.:. ·:-.:<:ss Ccr.e .:.~ ccn!o=~i:y wit~ t~e follow.:.::g s ~bpa =ag =3~t, i: ~ec.:.pi~::~ t=:::s:e=s p osse :s.:.~n of any scft ccpy, mod:.!.:.cac.:.on , or me=ged ~c=:.:.0:-. o : t:le o.=-.:.:.. t~ a t:1.:.== pa:ty, t h e =ig~ts g=anced unC e= t h e te=~s o: t~.:.s A~=eene~c a=e a uccma~.:.~a::y te=~.:.~a:ed as to Rec.:.;ie~t. D. Recipier.: may make scf: copies for t~e use of i:s conc=a c :~=s a::C cons u::an:s only i! the cont:ac:cr or cons~l:an: s~g::s ar. ag=eemen:, i:: a !o =~ acce~:able to Der.or, wi:j Recipient for t~e bene:~: o: Do~c= which =~lly p:otec:s Donor's r.:.ghcs unde= this agreerne::: an~ 1.:.ni:s t~~ cont=ac:~r's o = consu::a~t's use o: t~e DA:A as i: t h e ccn:=ac:== c = c~r.s~~::::: we=e ~e=e :y a~ ex:e::s.:.on of Rec~~ie~c. Copies of a!l s u e~ ;=ot ec:.:.?e a g ree~e~:s s~a:: c e filed by Recipier.t wic~ Doner be.:"ore the e::ec:~7e date o : s~c ~ p=ocec :~~e agreeme :1t. :.. Rec i ?ie:1c sha ll not, i:1 who l e o= in ~a=:, ass ~<;:-:, s t.:::l e~s e/ ex:er.d, aCsc=b o:-ot!1er·,o1i.s e t=a::s.:"e= t:'l i s L.:.::e:is: A<;=e e:r.er:~, o= a:i.y r.:.~r.: gr3n ced unde = this Ag=eement. F . Reci.pi.en: shall no: use o= re ly i:1 a:-:y mar.~e= on c~e DA7A :.~ ccnnec -:ion wi th t h e provision o: eme=genc y se=,:ces, i~cluding but not l ~~ited to p olic e, f.:.re, ar.c! ambu!.ance ser·:ices. G. This license gives Recipient the r:gnt to gi ve o= se ll ha=d cc?ies o: the Dor.c r's DAT~ to third parties, whethe r pursuant to a request under the Pubic Rec~rds laws o: Che State of co:orado or otherwise, bu: scbJect t o the requi=ements of this Ag=eement conce=n~ng inclusion c: c=pyr:ght and disclaimer notices on al l scch hard cop:.es. C:\DAT A\FOR.\.IS\Ar.ipco GIS Agreement :is revised .doc • .. .. I • 0 ] • • • ... • - 1_. Coo v richt notice. n otice on a ll copies of the DA:A notice: Recipient s hall ac~a ch the followin~ in s uch a manner a nd locacion to g ive COPYRIGHT 1996 BY ARAPAHOE COUNTY, COLORADO . ALL RIGHTS RESERVED. NO PART OF THIS DATA MAY BE COPIED , REPRODUCED, OR TRANSMITTED IN ANY FORM OR BY ANY MEANS WHETHER GRAPHIC , ELECTRONIC, OR MECHANICAL, INCLUDING PHOTOCOPYING, RECORDING, OR BY AN INFORMATION STORAGE AND RETRIEVAL SYSTEM, WITHOUT WRITTEN PERMISSION FRCM THE ARAPAHOE COUNTY, COLORADO. 12 . Disc:a.:.me= Ncc:ce. Rec:?:e~t s ~a:: ac:ac:: the f ol~owi::_ n o ti c e of Ciscla:.~e= on a:l c=~ies c: t~e DATA::: s ~c ~ a ma::;1e = a~C :oca:.:.~r. t o gi·,e notice: ARAPAHOE COUNTY, COLORADO IS FURNISH:NG THE DATA ON AN "AS IS" l!ASIS, WITHOUT ANY SUPPCRT WHATSOEVER, AND WITHOUT REPRESENTA::ON OR WARRANTY, INCLUDING BU'! NCT IN ANY MANNER LIMITED TO , F!':NESS , MERCHANTABILITY , OR TH.: ACC",JRACY AND COMPU:~NESS CF THE DAT.>.. 13. F~~s. Rec.:.p .:.e :'lt. :nay se:.:. ~a== ::~;:.:.~s o: t:'.e Dor.a =-' s :..:.:-.:., whet:le= o= nocme:-;ed w.:. :;"; oc:'le = da :a of Rec:.;,.:.::--.:, a : wr.a :eve = p:-:.ce i: c:":ocses. s::1ce Rec:.?ie::t may :ict se:: sc:-: ccp.:..~s o : c::e Donor 's J.~.7.l., :.-. .:.s Ag =e~men t makes no p=ov:s.:.on !or a :e~ ~o = s o:: =cp y . 14. D1scla!~e e . A. A_l ot~e= te=~s of t~~s L!cer.s e Ag =~e Mer.t to t~e c:n :=a=y nc: w!:~sta~di~~, Dene = d~s c!a!~s an y a~C a:: _:a~::::y o ! a ny nat~=e wta:sce~e = ar!s!~; cu : of t~e te=~s anC ccnd!::c~s, c;e=a :::n o: t~:s -~~e:.se Ag=e e~e~:, ar.C /o = the use o:, o = re:iar.ce on b y ~e c :~:e:.: c : t ~e JA:A. ~ec!pie~c ack~c wled;es a~C spec:::ca::y a g rees t ~ t~e te=~3 o! t~:s p=ov !sio ~. ~~=:~e=, Rec!p!ent ag =ees not t~ atte~;t t oo ~ see k t o , C:=~~:~y o r i~C !=ec ::y, c:~:~ o= pc=sce ega: re l1e: f o r an y cla!~s o f a~y ~a:~=e wta:sceve = aga!~s: ~=~c= p u =s uar.t t~ t~~s L:cer.se Ag=~ement; o r t o a ss :st a r.1 ot~e = pa =t:es 1~ cla:~:~g or p u :su i~g legal :e:!e! f o : an y cla~~s of any cacu:e wta:sceve : aga!nsc J eno : p u rs u ant o : re lating co this Agreeme nc. 8. THE DONOR IS FURNISHING THE DATA ON AN "AS IS" BASIS , WITHCU':' ANY SUPPORT WHATSOEVER, AND WITHOUT REPRESENTATION OR WARRANTY, INCLUDING BU:' NOT IN ANY HANNER LIMITED TO , FITNESS, MERCHANT.\BILITY, OR THE ACCURACY AND COMPUTENESS OF THE DATA . C . T!":e DAT.". is neiche: a le-;al~y rec o :=ec map no : a s u :·;ey a nc · • not in~e~CeC co be u sed as s ue~. T~e DA:A is a u ~~q~e ccmp ~!a:~on o: re c~==s, i~:o:7.la~~cn and da ta fr om va=:ous c::y , co~~:y, s tate, ar.d feCe =a! a ::ices and ache= s ou =ces and s ~o u ld be u sed fa= re:ere~ce o~:y. No re;=esencacion :s made that featu=es presentec ac=u:ately re::ec: c:ue loca t:on. Deno : o : a ny o :ne: en:ity f=cm which Ca ta wa s obtained a ssu..~e s n o l~atili:y f o r a~y erro =s o= omissions he:e!n. If d:s crepancies are foun d , Re:~p:enc ag:ees co concac: Dono r. C .\DATA\FQR.\,IS\Arapco GIS Agreement :is re vised .doc • .. I • 0 • • • • • -' Because the DATA are inherent_y complex, constantly changing, ar.d may not be complete~y free of errors, Re cipient i s hereby advised to ver~:y its wor k. In no e vent s hall Dor.or be liable f o r ar.y direc:, indirect, SF ec!al, incidental , or consequential damages arising ou: of the use of er inabi :!:y to use the DATA even i: advi sed of the possib ility of such damages . Speci:!cal_y, Donor is not responsib le f or a ny costs incl•.lding , b ut not limited to , thes e incurred as result c: lost revenues, loss of use of data, the ccs:s of recove=!~g such prcgrams o r data, the cost of a ny s ub s~itute pros=3m, c::.:.~s by third par:ies, er f or similar c ost s . D. Donor's s o_e !!ability an~ Rec!~.:.~nc 's e xclus.:.ve re~ed y f== a~y s ubs-:ar.:ia: de:eC': whi c:": im9a.:.=s t:1e u se o : t:".e c;..:.:; f ::i = t:ie ?U=;.-:se s:=:-:c herei~ s hall be t~e =.:.g~: t o te::n:~at~ t~.:.s As=ee~e~:. 15. C~lorado Law to Gcve=~. T~.:.s A;=ee~e~: s ~a:: te gc7e=~2 = ~~ and ccnst=~ed in ac=o=da~c~ wi~~ t~e s~bsta~:.:.?e a~d p=oce~u =a: !aws c! :~e State of Colora~c. Venu e :or a!l c=.:.a: c~~== ~==cee~.:.~;s ~~·a-~~-~--·: Ag=eemen: s ~all Ce i~ A=apahoe Co~~=y, c~:==aC ~. 16. !ndece~de~t S:at~s. !: is a;=eed t~a: nee~:~; ~e =~:~ ~=~:3:::e= is i~=ended or s~c c!c ~e c~nsc :~ed -·· a~y ~a~~e= as c =e a::~; o = e s=a=-:s ~:~; t~e r2 l acionship o ! a ge~ts , part~e=s, jo :..n: ve~=~=e= o= as scc:at 2s te:~e ~~ =~= pa::!es he =e to o r as c:ns:i:~cing Rec!pien: as t he en;loyee o! Done = !o= a~y pu =?c se o = i ~ a~y ~a~~e= wha tsae,,e=. 17. Riahts Cu.."Tl~:.a:ive. P..:.: re:r:eC:..es a ·,a :..:.a:::e to e:..:::e= pa=~:! unde= t:le te:-ms o: t:n1s P.g:aemer.t o= by l a ·;,1 a=e c:.i..-:1 u !at:·;e anc! :ila y be exercised conc~==e~t!y o : se~ara:e~y , a~d t ~e exe:=ise c! a~y o ne r~ne dy s~a :l not be deened an e:ec::..o ~ o: s ue~ :e~eCy to t~e ex=:cs:..c ~ o : oc~e = ==~e-:es. 18. No Co~:=~~!~c ~a!7e:. T~e waive= c~ a~y de!a~:: b y e::~e= pa::y, or t~e fa~l~=~ c~ g:7e noc:=e c ! an y de~ac:.:, s~a :: net c=~s:!:~:e a wa ive : of a ny sutse~c e~t de!au:: o= te dee~ed :o be a fa:..:~=e to ~:7e ~c::=~ with respect t o a~y s~bseqcen: de:a~::. Wa:7e = a: t:le breac:i of a:-.y ?:o v!sio:1 o: t:"l:.s ~.g =-:e r:-.ent s ~a!.:. r.ct be cons:=:..:e:: t:, b '= moCi!!cat~on oft~~ te:~s o! t~is A~::eme;.: u~:ess st3::C t~ be s ~c~ ~~ w=::ing a nd signe~ b y a ~:~o =:.:eC rep=e~~:1tac:ve s o: t~e Dcr.c = a~c ~e c:~:e~:. 19. Notic es. At t~e t:~e o: exe c~tio n o: th:s Ag=ee~e~t, t ~e pa=:~es hereto sha:.: p:o?:de eac~ ot:le: wri::e~ :n!or~a ::.o~ r e~a =~::1~ =~~:= res FeCt~ve aucho r i:ed re?resencaci ve and the respe ::ive adcres se s f Qr p ~=;c ses of an y not!ces. Sa != !n:o :~ac!cn s ta~: be ke9~ c~==e ~t a: a ll t:~es. 20. Modi:ica:io r.s . wa ive rs of the o=:71 s!ons o ! been re duced c o · wr~::ng, and and Recipient. P.ny a l :era:ic ~s . variations, modi:ica:~c ns , o = this Ag=~eme ~t shal l on _y be valid when t ~e y ~a?e s igned Cy aut:'lo :i :eC re~:esen:acives o : t~e Do r.a = 2!.. Ne Thi =:: ?a=:v Beneficiar ·,. Th"'s a g =e ement is f o ::: -ce ben e!i: o: the pa=::es o ~:y, and con7eys n o ri gh ts u ~on persons not pa:~:.~s t = it. CIDATA\FOR.'IIIS'v\rapco GIS Agreement 35 rc vis c~.doc • ., I • 0 - • • • --• ,, .. " • " l • -' 22. Cocvriqht notice. notice on all copies of the DATA notice: Recipient shall at tach the following in such a manner and location to give COPYRIGHT 1999 BY CITY OF Dc:LEWOOO, COLORADO. ALL RIGHTS RESERVED. NO PART OF THIS DAn ~ BE COPIJ:D, REPRODOC:O, OR TRANSMITTED IN ANY FORM OR BY ANY MEANS WHETHER GRAPHIC, ELECTRONIC, OR MECHANICAL, INCl.Ul)ING PHOTOCOPYING, RECORDING, OR BY AN INFO~TION STORAGE AND RETRIEVlU. SYSTEM, WITHOUT WRITTEN PERHISSION l'ROH THE ARAPAHOE COUNTY, COLORADO . 23. Disclaimer Notice. Recipient sha~: a::ach the fo::cwing notice of disclaimer on a ll copies of the DATA in s ~ch a ma~ner a~d loca::on to give notice: CITY OF ENGLEWOOD, COLORADO IS FURNISHING THE DATA ON AN "AS IS" BASIS, WITHOUT ANY SUPPORT WHATSOEVER, AND WITHOUT REPRESENTAT ION OR WARRANTY, INCI.Ul)ING BUT NOT IN ANY MANNER LIMITED TO, FITNESS, MERCHANTABILITY, OR THE ACCURACY AND CCMPU:TENESS OF THE DATA . IN w:TNESS WH'.::REOF, the parties ha •1e execuced this Ag::aemen: e::ec:ive t h e date and yea:: first above written. COUNTY Of ARAP!\r.OE, COLOR.;~o By: Aut~h~o-r~i-z_e_d;--::S~i~g~n-.a~:-u_r_e _____ _ Title: Date: Attest: 6 CITY OF ENG~EWCOD, COLQR.;oo By:,-----,--,,----------Aut~o ~: =ed s~gna~~=e 'Ir.ara.s J. Burns Tit~e : l~yor Date: Attest: Loucr~shia A. Ellis, City Clerk C:\OATAIFOIU.tS\Anpco GJS Apeemcn1 :is rcv ised~doc .. .. , I ... I • 0 3 I • • • ,,-·• • • -.. Exhibit A In an effort to support both the County's Comprehensive Plan Update and to provide the City with DATA in order that the City can create a Geographic Information System the following DATA will be exchanged . DATA from the County to include, but not limited to : • Digital Orthophotography for the City , in the County's tile format and stateplane NA083 coordinate system . • Parcel Layer File to include tabular data. • Road Centerline Data . • Data created in phase one of the County 's Comprehensive Plan Update , to include but not limited to Existing Land Use and ADT traffic data. • Surface Soils Data . • Digital Elevation Model (DEM) from Digital Orthophotography creat ion . DATA from the District to include , but not limited to : • Englewood Paree! Data and Address information by Parcel Number • Road centerline Data • Englewood Zoning data • Englewood Annexations • Englewood Subd ivisions • Other local political boundaries • Water and Sanitation Boundary Data • Street signs/traffic lights • Right of Way and F3rk information • Sanitary/storm sewer data • Utility data to inc!ude but not limited to manholes , fire hydrants , water mains , sewer lines and gas lines. • Intersecti on Data • Existin g Land Use data updated from Arapahoe County's Comprehensive Plan Update data . ., ) I· 0 • • .. Date . . .. ,, • • - COUNCIL COMMUNICATION Agenda Item Subject . . March 20, 2000 10 Ci Purchase and installation of an Ion Chromatograph INITIATED BY STAFF SOURCE UE WWTP Supervisory Commmee Stewart H. Fonda , Utilities Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved the purchase of an Ion Chromatograph as part of the 1999 budget. RECOMMENDED ACTION The action recommended is to approve by motion the purchase of an Ion Chromatograph for the U E WWTP from Lachat Instruments in the amount of $35 ,010 . BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED The UE WWTP conducts numerous analyses to meet EPA requirement s to evaluate the condition of the plant influent and effluent , and the South Platte River. A contract laboratory is current ly performing bi-monthly analyses for nitrate and nitrite. Timely, accurate, reliable nitrate analyses are required as part of a South Plan e River TMDL study . Daily nitrate analyses will become a routine. dail y . part of effluent monitoring in early 2000. A new inslrumenl is needed that can (1) meet EPA technical e><pectations . (2) improve sample throughput , and (3) have the capacity to handle an increased number of samples. In 1998, a plan was developed to improve nitrate analysis capabilities to meet anticipated EPA requirements . In addition , data requirements by the Colorado Department of Public Health and Environment on other ions, including sulfate , chloride , fluoride and phosphate was anticipated. An Ion Chromatograph can simultaneously and accurately analyze for these components and is the ideal instrument for obtaining this information. The plan was reviewed by the UE WWTP Supervisory Commmee during the budget review process in 1998 and approved as part of the 1999 budget . An extensive bidding and review process was undertaken and was not able lo be completed in 1999 . As a result of the bid review process, Lachat was selected lo be the best equipm ent fo r the required work . Lachat was also the low bid . FINANCIAL IMPACT The budgeted amount of $34,000 for the purchase of the Ion Chromatograph was contained in the 1999 budget. The accepted bid for the total ICP/MS package is $35 .010 , which is $1 ,000 over the original budgeted amount . This purchase was not re-budgeted in 2000. The cost of the Ion Chromatograph will be shared 50/50 by the Cities of Englewood and Littleton . LIST OF ATTACHMENTS Lachat Quotation Bid Evaluation I • 0 J • • -• ITE M NO. 1. ; . ' .. DESCRIPTION • -· • • -~ BID PROPOSAL ION CHROMATOGRAPH SYSTE M ESTIMATE D QUAN:ITY Ion Chrom at og ra ph System l TOTAL BID OPTION: Instrument c onfigured t o perfo r m Automated chemica l a na lvsi s f o r Nit rates (EPA 353 . 2 ) ( Please include a n add itional bid for this System, if a vai_able.) .. B ID P!UCE $ 35,010.00 $ 35,010.00 N/A $ __ _ Estimated date of de liver y~_3_0_D_a_y_s_A_R_o ___________ _ ALL MATERIAL F.O.B . CITY OF ENGLEWOOD 2900 South Platte River Drive Englewood, CO 80110 INVOICING TERM S Net 30 Days PRICE QUOTE FIRM FOR 60 DAYS. EXCEPTIONS: None --------------------------- BY· Gregory W. Hirt 9 December 1999 Dtl.TE National Sales Manager TITLE Zellweger Analytics, I nc. COMPANY 6645 West Mill Road, Milwaukee, WI 53218 414-358-4200 ADDRESS TELEPHONE " ) I· 0 • • - ,. • l• •,, .. • - Lachat lnstrumenh Division 6645 W Mill Rood l3 zellweger analytics Milwoukee, WI 53218-1239 Tel: (414) 358-4200 Fax: (414) 358-A206 email: lochot.soles@zelona .com TO: City of Englewood Purchasing Division PRICE QUOTATION Quote# 17974 Dato: 12/9/1999 Salespenon: FB IMO Prepared By : HCJ 2800 S . Platte River Drive Englewood. CO 80110 Phone: 303-762-2390 Fax : 303-762-1683 Proposed Shippin1 Dato: 20 Days AR O F.O.B. Desunari on To be shipped •la: Best Way TttmS: ct 30 d:i ys Bid Reciuest No. 9-131 Due: 12/13/99 @ 2.00 PM Expiration : 2'71~000 a:..,1a:.1'Ut.U QTY . DESCRIPTION UNIT PRICE AMOt:NT I IC5000 Ion Chromatography System S20.130 $20.1 30 A compact system including power supplies. AID board. non-metallic fl o w path. pulse-free eluent pump, high-pressure injectio n valve, advanced MicroSuppresso r conductivity detector with user-selectable ranges, and temperature-co nuo lled flow cell, and auto-filtration to 0 .8 microns . I Omnion Software and Manual, Data Interface and AID Board (A88010&A88011, A88020, A87000 ) Windows-based. multi-taski ng software system to perform in strument control. data reduction, data quality management and report generation. I Accessories Kil (A19105) PEEK tubing, PEEK tubing cutter & blades. nuts & ferrules. fittings and tubing. I Installation · 1/2 Day Component Setup and Verification. (Not a subsitute for training) 1 Training· Factory-based· for 2 people (Value $1,700) Includes factory-based training on installation, operation. maintenance and trouble- shooting. This 3 day course is held in Milwaukee for up to two people at the convenience of the customer. Customer is responsible for air-ground uansportation. accommodations and meals . One training must be completed within the warranty period. The second training must be completed within 3 years. 1 Operating Manual 1 Warranty Standard One Year Parts and Labor & One additiol)al Year Warranty extension ($2,200 value) 1 Data System (A87100) $2,100 $2 ,100 Pentium II 400Mhz with 13.6GB hard drive, 64M SDRAM. 2 serial ports, 1 parallel port, mouse, WIN '9 5, SVGA 17" monitor and HP Deskjet 710C printer. 17974.xls Page 1 By : Gregory W . Hirt • • ' . I • 0 ] • • • • .. • • ... A Lachat Instruments Division 6645 W Mill Rood El zellweger analytics Milwoukee, WI 53218-1239 Tel: (41"') 358-.4200 Fax: (.41"') 358-.4206 email: lochot.soles@zelono .com TO: City of Englewood Purchasing Di vision PRICE QUOTATION Quoto # 17974 Date : 12/9/1999 SalespffsOn : FB tMO Pnpared By : HCJ 2800 S. Plane River Drive Englewood. CO 80110 Phone: 303-762-2390 Fax: 303-762-1683 Proposed Shipping Dato: 20 Da ys ARO F.O.B. Desti n.i.t1 on To be shipped via: Best Wa y Bid Request No-9-131 Due: 12/13/99 @ 2:00 PM QTY. DESCRIPTION XYZ Sampler (A81105) Incl udes X-Y-Z dri ve mechanism and electron ics. rac k base . fo ur (4 ) sam pl e racks holding 90. 60 or 40 test tubes each and one (I) standards rac k ho ld ing 16 large tube s. RS232C interface. interface cable. sample probe and connecti ng tube . Dual Resolution Dilutor (A89110) Auto Column Switcbinc Automated software-controlled switching from suppressed to no n-suppressed IC methods, including eluent and column switching Anion Proftling Module· EPA 300A Cation Profilinc Module On-Site Training Seminar • Upcrade Training on system installation, operation. maintenance a nd trou bl es hooting . Th is On-site Upgrade is in place of the Factory Based Training . The 3 day course is he ld in the customer's laboratory at the convenience of the customer . Trai nin g must be completed with in the warranty period and sc heduled 30 day s in ad vance. Options: Gradient Option Sub-total Less QCIV Trade-in TOTAL Quaternary low-pressure gradient mixing with Windows based gradient software UV· VIS Detector NOTE : Your bid and purchase order terms and conditions shall apply to any order wh ich may result from our offer. Any terms and conditions imprinted on this form arc understood not to apply . 17974.xls Page 2 • Tenm: Net 30 da ys Expiration: ?n/2000 1,.A 11,.i,uLu lNIT PRICE AMO UNT 56 .100 $5.21 0 $970 $900 $1.400 5 2.100 $7,400 $8.5 25 56 .1 00 $5 .2 10 $970 $900 $1.400 52.100 $38,910 ($3,900) $35,010 57.400 $8.525 By: Gregory W . Hirt .. I • 0 I • • ~ ,,,-- • ··:-., -.. .. • -' II zellweger analytics Lachat Instruments• Division 66A5 West Mill Road Milwaukn, WI 53218-1239 USA Tel: 111,1,35a,200 Fax: 111 AU 358 -'206 Email: lochot.salesOzelona.com lochat.supportOzelona.com Lachat Technical Services Data Sheet Location The Technical Services group consists of five Technical Support Chemists and four Service Technic ian s "ho arc loc ated at the LDchat Headquarters office in Milwaukee . WI -USA. Qualifications All Technical Support Chemists have a minimum of a bachelor 's degree in sc ience . All Servi ce Techn icians ha ve a minimum of an Electronics Associate's degree . All Technical Services personnel go through continuous training on hardware, software , and appl icati o ns . Expertise The Technical Services group has expertise in the installation. operation. maintenance, troubleshooting, and repair of all the equipment manufactured by LDchat Instruments. This expertise extends to the applications (chemistry). software packages and user training. Availability Technical support is provided by phone, fax and e-mail. On-site visits are also available for a fee . Two Technical Support Chemists are available at all times Monday through Friday from 7 AM to 6 PM Standard Central Time. Lachat Instruments is closed during holidays . A list of holiday dates is available upon request. Technical Support Data Sheet.DOC, 8Dec99/ ar Phone 414-358-4200 FAX 414-358-4206 E-mail lachat.support@zelana.com Page I of I '· . ., I • 0 J • • - ~ -· • ; .. • .. • -' El zellweger analytics Lachat Instruments Division SHVic• 6usin•u Unit 6645 WHI Mill Rood Milwoukee, WI 53218-1239 USA Tel: (l) 41" 358 4217 Fax: (1) 414 358 4206 Email: lochat.supportOzelono .com Service & Support Contract Options QCSOOO, FIA+, IC+, BIO+ Tyne of Service Contract Price Gold Service Contract The contract cost is based on the system's co mponents . The ba se price is 54995 . Co mponents , such as pumps. au tos amp le rs . dilutors . channels. each IC compo nent. and in-l ine c yan ide mod ules ar e $100 each . For example, a two-c hannel QC8000 with a pu mp. an autosampler and diluter will cos t $54 95 . • Covers all repairs under nonnal use except those listed as exclusions. Exclusions include acts of nature , fire, theft, etc . • Includes coverage of part and labor charges after the warranty has expired. • Includes a one-day on-site visit to your fa ci lity with in the service contract year (30 day notification required). • Entitles holder to the use of free loaners to be sh i pped within 48 hours . • Excludes the following : computer, monitor, printer. perishable items . Silver Service Contract • Covers all repairs under normal use except those listed as exclusions . Exclusions include acts of nature . fire. theft , etc . • Includes coverage of part and labor charges after the warr anty ha s e xpired. • Ent itle s ho lde r to the use of free loaners to be shipped with in 4 8 ho urs . • Ex cl udes the following: computer , monitor, printer. perishable items . Bronze Sen·ice Contract • Ent i1les ho lder to the use of free loaners to be shipped within 48 ho urs . • Does not include repair or shipping charges that apply to the malfunctioning unit or return of the loaner. • Excludes the following : computer, monitor, printer, perishable items . A stand-alone IC or Me rc ury sys tem se rvic e contr act will cos t S4295 . On-site visit is for a one -da y in stallati o n. val idat io n. ser vic e . preventative maintenance. or tro uble shooting vis it fo r an y instrument , to be perfo rmed by service or tec hn ic al suppo rt personnel. Include $1300/day for any additional da ys . Lachat is responsible for hotel. air/ground 1ransponat io n and meal s for the on-site vis it. Payment in full is due net 30 days from the da y the contrac t is to start . This is a one-year contract . The contract cost is based on the system's compo nent s. The ba se price is 52495 . Components, such as pumps. autosamplers, di lut ors , channels, each IC component. and in -line cyan ide modu les are $100 each . For example. a two-channel QCSOOO with a pump . an autosampler and diluter will cost $2995 . A stand-alone IC or Mercury system service c ontra ct wi ll cos t $2495 . Payment in full is due net 30 da ys from the da y the contrac t is to start. This is a one-year contract. The cost is $750 per ye:lf . Payment in full is due net 30 days from the day the contract is to start. This is a one-year contract . For more information call the Technical Support Department at 414-358-4217 G:llecluuppllechinfo\8000iofo\QC8000 & IC Service Contract Options .doc REV 3Dec98/ar • ' ..: . ) I -, I • 0 - • • • .. .... • - Lachat lnstrvments Division 664.S Wev Mill Rood B zellweger analytics Milwaukee, Wisconsin 53 21 8-1 239 U.S.A. Tel: A 14-358-A200 Fax: 41 A-358-A206 Email: lochot .sale,Ozelono .com Webaite: zeklno .com QUIKCHEM ION CHROMATOGRAPH REFERENCES Michael Yeary Environmental Enterprises Inc . Cincinnati , OH 513-772-2818 Purcha sed : 8/99 Evelyn Vigil Sange De Cristo Laboratory Inc. Alamosa, CO 719-589-1024 · Purchased : 9/99 Emily Niemeyer Southwestern University Georgetown , TX 512-863-1721 Purchased: 8/99 a -a.,..,.., __ a......, a ......... a,..,,,_ a..._ .. _., ... 1-'-_.._ ......... ~.....,..MIJ o,,_ _ _,__ '•. .. I • 0 3 ( • • ( • • IC Comparison ArN of lnternt ~ of automated determinations for in«ganic: anons. cationa and organic ions (including ufaclartl). Configured to run EPA 218.6, 300.1, and 300.7 . Delivered July configl6ed to run wat•lwaltewal•...,.,... containing up to 40 mg/L of Nitrate-N (and alt.-ions) using EPA method 300.0 (Slanda-d Methods 4110). In-line chemical suppression Autoumpler for at least 50 samples Automated dill.Aion lnline sample filter (<1um) Automated column switching Conductivity detector Analytical columns Concurrent ~ormance of instrument control, dala acquisition, and report preparation ~ of preparing WO!i(ing standard solutions from • stock solution and performing aulomllted dilution of samples before analysis Ability to switch from the Sl4)pl'essed ion method to the l6lSUppl'8IS8d ion method by lnTIDLiler mntrol includina flow rate chanoe Ability to change pressure from O -5000 psi and flow rate I0.10 to Sml/minl usina ttVimuter • • 0 Lachat R Yes Yes Yes Yes Possibly older generation technology Random sampler 90l60/40/16 Four samole racks+ 1 Standard Included (Value $5210) Yes Included (Value $970) Yes 25-SO°C Control Anion and Cation Yes Yes Yes Yes Yes Dlonex (Buie) Value RNDOIIN Value 10 Yes 10 10 300.7, $1735 utra 8 218.6, also eldra coat 10 Yes 10 8 Yes 10 Microfiltration, l8lf regenerating No regeneration pump necessary ReDlaoemenl cost $850· 1/year 10 No . 40 urr.,_ 6 5 Not included, would COit -$13,000 more 0 5 Yes 5 5 No 0 I . \ . .. 5 Yes 5 2~s·c con1ro1 5 Anion only 3 5 Yes 5 5 Not quoted with cheaper model 0 5 Yes 5 5 Yes 5 ' C • • • Compuw and IIDL Lachat Dione• Aru of lnt.,..t R v• R-.. Value Computer system Pll 400 mhz, 13.6GB, 64M SDRAM 5 PII 400mhz, 4 .3 GB, 32MBSORAM, 3 SVGA 17", HP Delkjet 710C 17" monitor HP Oeskjet 890 Valued at $2100 ICan IUbslitutel Valued at $7800 Softwae Upgrades free~ 5 Upgrades free for 90 Days 2 Well develooad Wlldows 98 (or later) compatible Yes 3 Yes 3 MDL Chloride · 0 .04 mglL 5 Chlorlde • 0 .013 mg/I. 5 Nitrale • 0 .01 mg/I. Nitrate • 0 .028 mgll Phosphate · 0 .02 mglL Phosphate • 0.036 mg/L Sulfate· 0 .08 mall Sulfate · 0 .038 mall MOL Calculation Performed rapidly and accuately 10 ·oidn'I seem to know what to do? 5 Lona lime comina I . \ • 'It • - • ~ • • 0 ( • • ,) = • Lac:hat Area of lnternt R Conduc:tivity flow cell should be controllable Yes from 20-40"C UNI' ..viceable suppressor cartridge Yes Supprenor car1ridge -automatic regeneration No Supprenor car1ridge • cost Supprenor cartridge • Lifetime cartridge warranty; Colurm warranty laoaatic °' gradient pump (Optional) • Cost 7400.00 W detec!Of (Optional} -Cost 8525.00 • • • 0 Dione• Value R 5 Yes 5 5 Yes 5 3 Yes 5 4 $850 2 3 One year 3 3 12,000.00 + $5,000 cell(?) 2 3 12,000.00 2 Value I I> • .,. ,_'! \ • • • , -, • • ' • Lachat Dlonex Alu°' lnlerMt -v .... R v .... w.ranty Two Ye•• 10 One Year. 5 LR say, Two Years (10) Service parts aupplied Yes 4 Yes 4 Training 2,100.00 in-house (included in bid) 2£ Three day factory baaed in Milwaukee no 4 On site, two day 4 chwge (Our cost= . '" Service Milwaukee -US -9 Reps 4 Local, Littleton -Steve Maury 5 On Site visits -Fee Western Region • 9 Reps New Instrument w/in 24 hot.n (Service contract required for technical IUDDOlt?) Service Contracts Gold· $5000 4 Premier -$5000 3 Silver -$2500 Performenoe -$4000 Bror,ze • 1750 Required for Technical support Conn.Jter excluded (No exchenoel Front Range Technical Support New Instrument wlin 24 hours 4 Yea 5 Nol much problem aou ... RN811C81 3 70 Ul8t'S in Colorado 5 Application Support limited 3 Extensive 5 I • \ . ,, • ,. • • . ' 0 ( • • C • ArN of lnternt System Cost On Site Training Colt wlo computer system Cost of Con1)uler system Alu of lnternt U..,Surwy General RIMlQl1lfflel'ldion Service Local Service Quality of Training Satisfaction • • 0 • .) Lachat R 35,010 .00 2,100 .00 (Included in Bid; also includel Factory based training in Milwaukee for two staff no charael 2,100.00 Lachat R Conlistently Positive Consistently Positive Not considered a problem Excellent Excellent V Dlonex Value R 8 33,400 .00 (lftS IOffle ·-1 ..... 1nna, 5 Included 5 7,800.00 Dion•• Value R 10 Positive, IOITle re .. rvations 10 Positive, some problems 4 Yes 10 Generally Good but Some Concerns 5 Excellent Value 6 5 4 Value 8 8 5 8 5 0 I . ~ ,. \ . "' ' ~ • • ,; I Lachal Dione• AINof....._. v .. R v .. Ovwall Evaluallon 240 199 Strenglha Strong Uaer Salilfaclion -Hardware Strong Uaer Satisfaction -Hardware and Service and Service (Some problems) More system for the money Lsger IC user base Good MDL1; provided info ASAP Local service Larger application base WeaknNles No local service per ae More expensive Small IC UNr base (large for ottw Somewhat Hmited instrument, for instruments) competitive price. Some confusion on performance of MOL calculallons Final Comments After a very thorough, and often agonizing, review, I feel lhat the Lachat instrument provides a more complete and versatile instrument capable of meeting our anent, and anticipated, analytical needs. Concerns about local aupport do not appear to be • .-ioul problem (bned upon User comments). Both instruments bid, provided similar Minimum Detection limits (MOL); the analytical staff at Lachat seemed to be more fammar with the importance of calculaling MOL1 . The Lachllt, a supplled, can run both anions and cations. The Lechat comes with auto-dilution and • more sophisticaled auto-sampler. Lachat has a notably better software upgrade policy. The Lachat lhould be a less expensive instrument to operate, maintain and t,JV"ede. It is my conclusion that Lachat provided a more competitive bid because it wants to increase it's dient base. Based on these findings, I recommend purchasing the Lachat Ion Chromatograph. I \ • • 9 • Note: We can seve $2100 by !!QI training on-site and taking advantage of free training (for two) off-site in Milwaukee. ~ ,. . ' ~ I ' • ~ 4 • ' ., . ' (,.) f\) x 0 • • -• Date March 20 , 2000 INITIATED BY Department of Public Works • • - COUNCIL COMMUNICATION Agenda Item 10 C ii STAFF SOURCE Subject Change Order No . 1 to Broadway design contract Ken Ross , Director of Public Works Rick Kahm , Capital Projects Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved a motion to award the design contract for South Broadway Medians to URS Greiner on November 16 , 1998. RECOMMENDED ACTION I Staff recommends council approve a motion authorizing the Director of Public Works to sign Change Order No . 1 to the design contract with URS Greiner, Inc., for an amount not to exceed $393,550.00 . BACKGOUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In November 1999 , URS Greiner was selected as our design consultant for the "South Broadway Widening and Medians" project. The original contract amount for design was $420 ,603 .58 . Public Works staff has negotiated a change order to the original contract to include construction administration services and additional design services . The Colorado Department of Transportation (COOT) concurs with our recommendation to use URS Greiner for these services . CDOT's concurrence assures the City that Federal reimbursement of 80% of the contract is approved . The additional design services included preparation of Alternate No. 1 to the base bid and working with staff and the Englewood Downtown Development Authority to develop long range streetscape plans for the downtown business d istrict . The construction administration services include construction management . materials testing , and inspection activities for the project. FINANCIAL IMPACT The original contract amount is proposed to be increased as detailed below: Original Design Contract $420,603 .58 Additional Design Services 36 ,826 .42 Construction Administration Services 356 723 .58 TOTAL $814,153.58 Funding is as follows : Federal share at 80% COOT share at 10% Englewood share at 10% TOTAL LIST OF ATTACHMENTS None $651 ,322 .86 81 .415 .36 81 415 .36 $814 ,153 .58 • De., ) I • 0 • • • • .. • - , //0-1 BY AUTHORITY ORDl'.'IA'.'ICE NO . _ SERIES OF 2000 COUNCIL BILL NO. 18 INTROD~D 2Jf:1NCIL MEMBE 4 Aµ) A BILL FOR AN ORDINA NCE AME!\'DING TITLE 8 , CHAPTER 2A. OF THE ENGLEWOOD MUNICIPAL CO DE 1985 , PERTA1NING TO THE BUILDING CODE OF THE CITY OF ENGLEWOOD , COLORADO . WHEREAS , the City of Englewood has used the U niform Building Code as a model co nstruction code s ince 19 70 : an d WHEREAS , tlus Code 1s updated periodically t o kee p pace with changing construction technology ; and WHEREAS , the City of Englewood Division of Building and Safety staff has thoroughly reviewed the 199 7 Edition of the U niform Building Code a nd r eco mm ends a doption thereof s ubj ect to ce rtain exce ptions , modifications a nd a me ndm ent: and WHEREAS , the Englewood City Co uncil has expressed the need fo r r evitalization of existing si ngl e famil y, owner occupied , dwellings within the City of Englewood ; a nd WHEREAS , Plan Review fees will be waived to encourage the apphcauon of savi ngs toward the homeowners' remodeling efforts : NOW , THEREFORE . BE IT ORDAINED BY THE CITY COU~CIL OF THE CITY OF ENGLEWOOD . COLORADO , AS FOLLOWS : ~-The City Council of the City of Englewood . Co lor a do hereby a mend s Title 8 . Chapter 2A, of the Englewoo d :\1um c1pal Code 1985 , to read as follows : CHAPTER 2 CONSTRUC TION AN D SAFETY CO DES ARTICLE A BUILDI NG CO DE 8-2A-l : CODE ADOPTED : There is hereby adopted . by reference thereto, the Uniform Building Code . Vol ume s I , II and III ,~ 1997 Edition, including appendi~. ~hapters 3 -divi s ion IV . 15 . 19 , 29, 30, 31 -division III , 33. and 34-division II , publis hed by the Internat io nal Conference of Building Officials, 5360 South Workman Mill Road . Whittier, California 90601, subject to the exceptions, modifications and amendments set forth in Section 8-2A-2 of this Article . The Clerk shall maintain a co py of the Co de Which will be available for inspection during regular business hours. -I - ., I • 0 • • --• .. • • COUNCIL COMMUNICATION Date Agenda Item Subject March 20, 2000 11 a i Bu il din g Code Update Ordinance Initiated By Staff Source Safety Services , Building Division Lance Smith , Chief Building Official Ben Greene. Fire Marshal COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The 1994 series of Unifonn Codes were adopted by Council and become effective on January 22, 1994. These codes included the Unifonn Building Code , Un ifonn Plumbing Code , Unifonn Mechanical Code, Unifonn Fire Code, Unifonn Code for the Abatement of Dangerous Buildings an,d the 1993 National Electrical Code . RECOMMENDED ACTION The Building Division of the Department of Safety Services rec ommends the adoption , by ordinance, of the 1997 series of Unifonn Codes including the 1999 National Electrical Code . BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED The 1997 series of Unifonn Codes provide regulatory guidelines that reflect the most recent technological advancements and safety factors for residentia l and commerc ial properties in the City. These codes are the recognized standards for this part of the country and cont inue to serve this community well . FINANCIAL IMPACT None anticipated . LIST OF ATTACHMENTS Proposed Ordinance .. ) I . • ]- • • • • -.. 8-2A-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE : The following s pecific cha n ges . modifications and a me ndments a re hereby m ade in t h e provis ions of the Umform Building Code.-i-99+ 1997 Editio n , h e reina bove adopte d : A. ~ §ect1on 105 .1 hall be r ep laced with the fo llowing: ::\ppeal s s h a ll be in accorda nce with E.M .C . 8 -1-7. 8 . Delete items 2 a nd 5 fro m section 106.2. C. S ection 107.2 Pe rmit Fees. The following s h a ll be added to the econd paragraph: Valuation for miscellaneou s projects s h a ll b e determine d by applying the fo ll owing sch e dule : Asp ha lt roofing Fe nce $%-,00 $75 .00 pe r s quare ~ $10 .00 per lmea r foot D . Section 10 7.3 Add the following exception after the end of t h e fir s t paragraph. Exce ption : The 65 % plan review fee s h a ll be wa1,·ed fo r s ingle fa m1h- owne r occupied. dwellings . 9-~-Section 904.2 .2 paragraph 5 . shall be repla ced with t h e follo wing : E . 5 . Throughout all buildings which are 50 or m or e fe et in height (as de fin e d in Chapte r 2 of the-1-994-1997 t.:mform Buildjng Cod e). or which co mprise more than four stor ies U're s pecuve of height. Except: Group S Divis ion 4 Occupancies cl assified excl u sively as open p arking garages in accordance w ith section 3 11.9 of t h e u mform Buildmg Co de . Seetien 2317 .12 In tne ftt-11t sentenee selete the .. ers11 "in geegr11pfMe11l 11re1111 .. !,ere e.tperienee l,1111 se11111n11tr11tes 1111peetti e ne e s ,". In tl,e l11 11t sentenee selete tl,e .. er!l11 "sepensing en lee11l e.1pe11enee ." !Inn 11 ttl!11titttte tl,e .. era 11h11H fer the "era 111!1,. ~-Add the followjmz exception at the e nd of the fir s t p a r a graph of Ap p endix Section 1515 .2 1-Pre-Roof Inspection . Exception: One and two family dwellings shall be exempt from the requirement for pre-roof inspections. -2- • .. ~---~ () I • 0 - • • • • ... • - J<. g . Appendix section 3011 .5 shall be replaced with the following: 30 I I . 5 Fees. A fee for each permit or certificate of inspection s h all be paid to the City of Englewood as follows: New installations: F'ees for new installations shall be as set forth in Table ·o . I-A . Fees for major a lterations hall be as set forth in Table No. 1-A. Installation fees include charges for the first year's annual inspection fee and charges for the electri ca l eqwpment on the conveyance side of the disconnect switch . Annual certificates of inspection For each elevator F'or each escalator or moving walk For each commercial dumbwaiter (Each escalator or moving walk urut powered by one motor s hall be co nsidered as a separate escalator or moving walk .) $150 .00 150 .00 150.00 G !J. Appendix section 3012 shall be replaced with the following : Section 3012 · ANSI Code adopted All new elevators, dumbwaite r s , escalators and movmg walks and major alterations to such conveyances and the installation thereof shall conform to the requirements of the American National Standard Institute ANSI /ASME A 17 .1 -l-993 1996 Safety Code for Elevators and Escalators . publis hed by the American Society of Mechanical Engineers. H I. Appendix chapter 34. division II · Life-safety requirements for existing high- rise bwldings shall be replaced with the following : Section 3417 · Appeals board . Appeals s hall be in accordance with Title 8, Chapter 1, Section 7, of the Englewood Municipal Code . Secqon 2 Safety C)auses The City Counctl hereby finds , determines. and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health . safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative obJect sought to be obtained . -3 - 0 I • 0 • • --• ' •. .. • -.. Section 3 Seyerability If any clause, sentence . paragraph. or part of this Ordinance or the application thereof to any person or Cll'C umstances shall for any reason be adjudged by a court of competent 1unsd1 ct1o n invalid. s uch judgment shall not affect , impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4 Inconsistent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5 Effect of repeal or modification The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release . extinguish. alter. modify, or change in whole or in part any penalty, forfeiture . or liability, either civil or criminal, which shall have been incurred under such provision. and each provision shall be treated and held as still remaining in force for the purposes of s ustaining any and all proper actions, suits. proceedings . and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree , or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6. Choice of Code. Any party who has a pending application. where the permit application and final site plan have been submitted to the City before the date of final adoption of this Ordinance. shall make an election to proceed under either the current Code or the 1997 Code but not a combination thereof. Section 7 fe.n&1u. The Penalty Provision ofE.M.C. Section 1·4·1 shall apply to each and every violation of this Ordinance. Introduced , read in full , and passed on first reading on the 20th day of March . 2000 . Published as a Bill for an Ordinance on the 24th day of March , 2000. Thomas J . Burns , Mayo r ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado , hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance , introduced , read in full , and passed on first reading on the 20th day of March, 2000 . -4- "· ,. ' I • 0 2 • • • ORDINANCE NO ._ SERIES OF 2000 ,,,. . • • - BY A THORITY A BILL FOR I /JJ., if AN ORDINANCE AMENDING TITLE 8 . CHAPTER 2B . OF THE ENGLEWOOD MUNICIPAL CODE 1985 . PERTAlNlNG TO THE MECHANICAL CODE OF THE CITY OF ENGLEWOOD , COLORADO . WHEREAS , the City of Englewood has u sed the Cruform Mechanical Code a s a model construction code s ince 1970: and WHEREAS , this Code 1s updated periodically to keep pace with changing construction technology ; and WHEREAS , the City of Englewood Division of Building and Safety staff h as thoroughly reviewed the 1997 Edition of the Uniform Mechanical Code and recommends adoption thereof subject to certain exceptions . modificati on s and amendment: NOW , THEREFORE , BE IT ORDAINED BY THE CITY CO NCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sectjon I. The City Council of the City of Englewood , Colorado hereby amends Title 8 , Chapter 2B. of the Englewood Municipal Code 1985 . to read as follow s: CHAPTER 2 CONSTRUCTION AND SAFETY CODES ARTICLE B :\1ECHAN1CAL CODE 8-2B-l : CODE ADOPTED : There 1s here by adopted , by reference thereto, the Uniform Mechanical Code ,--l-99-1- 1997 Edition. including Appendices A and B. ekapters Hl , lll part I Bfta II , l3 , H ftftft-l-ft . published by the International Conference of Building Officials , 5360 South Workman Mill Road , Whittier, California 90601 , and subject to eefflttft the exceptions. modifications and amendments set forth in Section 8-2B-2 of this Article . The Clerk shall maintain a copy of the Code which will be available for inspection during regular busmess hours. -I - • .... I • 0 • • • Date . . . .. • • • - COUNCIL COMMUNICATION Agenda Item .. ·. Subject March 20 , 2000 11 aii Mec hanic al Code Update Ordinance Initiated By Staff Source Safety Services, Building Division Lance Smith. Chief Building Official Ben Greene , Fire Marshal COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The 1994 series of Uniform Codes were adopted by Council and become effective on January 22, 1994. These codes included the Uniform Building Code , Un if orm Plumbing Code. Uniform Mechanical Code , Uniform Fire Code, Uniform Code for the Abatement of Dangerous Buildings and the 1993 National Electrical Code . RECOMMENDED ACTION The Building Division of the Department of Safety Services re co mmends the adoption, by ordinance , of the 1997 series of Uniform Codes including the 1999 Nat ional Electrical Code. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The 1997 series of Uniform Codes provide regulatory guidelines that reflect the most recent technological advancements and safety factors for resident ial and commerc ial properties in the City . These codes are the recognized standards for this part of the country and continue to serve this community well . FINANCIAL IMPACT None anticipated . LIST OF ATTACHMENTS Proposed Ordinance • I • 0 • • -• • ·,, • - 8-28-2: SPECIFIC MODIFICATIONS TO ADOPTED CO DE : The following specific changes, modifications and amendments a re h ereby made m the provisions of the Uniform Mechanical Code .-w9,l.199 7 Edition. her einabove adopted: A. ~ §ection 110.1 shall be replaced with the follo wing: Board of Appeals. Appeals shall be in acco rd ance wi t h E .:'vl.C . 8-1-7 . B. Section 115.2 s hall be replaced with the followmg : 115 .2 Permit Fees. The fee for each permit hall be as set forth m Ta ble No . 1-A of the4-99+ 1997 Uruform Butldmg Code . C. Section 115.3 shall be replaced with the followmg : 115 .3 Plan Review Fees. When s ubmittal docum ents a r e required by section 113 .2, a plan review fee s hall be paid . The plan r eV1 e w fee fo r mechanical work shall be equal to 65 percent of the total me chamca l permit fee as set forth in Table No . 1-A of the~ 199i 'ruform Building Code . D. Section 115 .3.2 Shall be replaced with the following : 115.3 .2 Incomplete or Changed Plans . When plans are incomplete or changed so as to require additional plan review . an additional plan review fee s hall be charged at the rate s hown in Table No . 1-A of the ~ 1997 Uniform Building Code . E . Section 116 .6 .3 The first paragraph shall be replaced with the followmg: 116 .6 .3 How Obtamed. To obtain remspection, the applicant shall fil e an application therefor in writing upon a form furnished for that purpose and pay the reinspection fee in accordance with Table ~o. 1-A of the -199+ 1997 Uruform Building Code . F . Delete Table No . 1-A ti99+ 1997 Uniform Mechanical Code). G . H. 1-. Seetien <122 Seepe. Qelete the pM88e "!leer ftH'naee ". Section 303 . l.2 s hall be replaced with the following: 303 .1.2 Floor Furnaces -Floor furnaces s hall be prohibited. Seetien aaa General . Qelete the phraeee "!leer fttrnaee" ana "!leer fttrnaees " .. here, er the} 8ppe8r in the seetien . Seetien aa t Fleer FtH'n8eee . Qelete the el'l:tit-e seetien ena repleee .. ith the felle .. ing. -2- • I • 0 • • • ~-. • I• •' ,. • -... Fleer and Otta! Fleer Fttrn11ee s. The instaHatien ef Seer and dttal See, fttrnsees is p1ehihited . (?,111inten11nee efe.fisting Geer and dttal Gee, fttrnsees is permitted .) J--H. Section 902.1. add a second paragraph as follows : M . Applica ti ons for permits to co ns truct co mm er cial mcmerator s mus t be a pproved by the State of Co lora d o, the Tri-Co unty Health Department a nd the City of Englewood pr10r to co nstructio n . De lete Section !026. Dele te Section 102 7. Delete Section !028. Delete Section 1029. Delete seetien 1921 ef.',ppendi., B. Delete seetien 192& ef.\ppendill B. Delete seetien 1926 ef:\ppeHM B. (Ord . 62 S erie s 1994 ) Sectjon 2 Safety Clauses The City Council hereby find s. determines . a nd declares that this Ordinance is promulgated under the general police power of the City of Englewood. that it is promulgated for the health. safety, a nd welfare of t he public, and that this Ordinance is necessary for the preservation of health a nd safety and for the protection of public co nvenience a nd welfare. The City Co uncil fu r t her determines that the Ordinance bears a r a tion al relat10n to the proper legisla tive object sought to be obtained. Sectjon 3 Severabj)jty If a ny clause. se ntence . paragrap h , or pa rt of this Ordinance or the application thereof to any perso n or circum stanc es shall for a ny reason be a djudged by a court of competent jurisdictio n mvalid , s uch judgme nt shall n ot affect, impair or invalidate the remainder of this Ordinance or it a pplication to other person s or ci rcum stances . Sect10n 4 lncon sjstent Ordinances All other Ordina nces or portions thereof m co n s ,stent or co nflicting with this Ordinance or a ny portion her eof a r e hereby r epealed to the extent of s uch inconsistency or co nfli ct . Secuon 5 Effect of repeal or modjficatjon The r epeal or modrli ca tion of a n y proVJsio n of the Code of the City of Englewood by this Ordinance s hall n ot r elease. e xtmguish, a lter, modify, or change in whole or in part a ny pen alty , forfeiture , or liability, e ithe r civil or criminal, which shall have been incurred under s uch proVJsion , a nd each provision shall be treated and held as stil.l remaining m force for t he purposes of s u staining any and all proper actions. s wts , proceedings, a nd prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of s ustaining any judgment, decree , or order which ca n or may be re nde red , e ntered, or made in such actions, suits, proceedings, or prosecutions . -3- • I • 0 ~ -· • . , ... .. .. • -.. Sectjon 6. Chojce of Code . Any party who has a pending application, where the permit application and final site plan have been submitted to the City before the date of final adoption of this Ordinance , shall make an election to proceed under either the current Code or the 1997 Code but not a combination thereof. Sectjon 7 ~ The Penalty Provision ofE.M.C. Section 1-4-1 shall apply to each and eveey violation of this Ordinance. Introduced, read in full , and passed on first reading on the 20th day of March. 2000 . Published as a Bill for an Ordinance on the 24th day of March, 2000. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced . r ead in full, and pasaed on first reading on the 20th day of March, 2000 . Loucrislua A. Ellis -4- ' . • I • 0 I • 0 3 • • • ORDINANCE NO. SERIES OF 2000 --. • • - BYA 'THORITY A BILL FOR AN ORDINANCE AMENDING TITLE 8 , CHAPTER 2C . OF THE ENGLEWOOD MUNICIPAL CODE 1985 , PERTAINING TO THE PLUMBING CODE OF THE C ITY OF ENGLEWOOD . COLORADO. WHEREAS , the City of Englewood ha used the Uniform Plumbing Code as a model construction code since 1970; and WHEREAS, this Code 1s updated penodically to keep pace with changing construction technology; and WHEREAS , the City of Englewoo d Divi s ion of Building and Safety s taff ha s thoroughly reviewed the 1997 Edit ion of the Uniform Plumbing Co de and reco mm e nds adoption thereof subject to certain e xceptions . modificati on s and amendment: NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sectjon l. The City Council of the City of Englewood , Colorado hereby amends Title 8 , Chapter 2C , of the Englewood :vtunic1pal Code 1985 , to read as follow s: CHAPTER2 CONSTRUCTION AND SAFETY CODES ARTICLE C PLU MBING CODE 8-2C-l: CODE ADOPTED : There is hereby adopted , by reference thereto, the Uniform Plumbing Co d e.~ 1997 Edition , inehtMg A1111en&i!f Che11ter F !11'18 W4PO in8tel!etien stel'l88P89 , published by the International Association of Plumbing and Mechanical Officials . 20001 Walnut Drive South, Walnut, California 91789-2825 . s ubject to the exceptions, modifications and amendments set forth in Section 8-2C-2 of this article . The Clerk s hall maintain a copy of the Code which will be available for inspection during regular business hours. -I - • 0 ) I • 0 - • .. • . . .. . .. • - COUNCIL COMMUNICATION Date Agenda Item Subject March 20, 2000 11 a iii Plumbing Code Update Ordinance Initiated By Staff Source Safety Services, Building Division Lance Smith , Chief Building Official Ben Greene . Fire Marshal COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The 1994 series of Uniform Codes were adopted by Council and become effective on January 22 , 1994. These codes included the Uniform Building Code , Uniform Plumbing Code , Uniform Mechanical Code , Uniform Fire Code, Uniform Code for the Abatement of Dangerous Buildings and the 1993 National Electrical Code . RECOMMENDED ACTION The Building Division of the Department of Safety Services rec ommends the adoption , by ordinance , of the 1997 series of Uniform Codes including the 1999 National Electrical Code . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The 1997 series of Uniform Codes provide regulatory guidelines that reflect the most recent technological advancements and safety factors tor residential and commercial properties in the City. These codes are the recognized standards for this part of the country and continue to serve this community well . FINANCIAL IMPACT None anticipated . LIST OF ATTACHMENTS Proposed Ordinance ' . 0 I· 0 32;< - • • • .. ,. /' . • .. ' • - 8-2C-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE : The following specific changes, modifications and amendments are here by made in the provisions of the Uniform Plumbing Code .--l-99+ 1997 Edition. hereinabove adopted : A. Section 103 .4.1 Shall be replaced with the following : 103.4 .1 Permit Fees. The fee for each permit s hall be a s set forth in Table No . I -A of the ~ 1997 Uniform Building Code . B. Section 103 .4.2 s hall be replaced with the following: 103.4 .2 Plan Review Fees . When submittal documents are required by section 103 .2.2 . a plan review fee shall be paid. The plan review fe e for plumbing work shall be equal to 65 percent of the total plumbing permit fee as set forth in Table No . 1-A of the~ 1997 Uruform Building Code . When plans are incomplete or changed s o a s to r equire additional plan review an additional plan review fee s hall be ch a rg ed at the rate s hown on Table No . 1-A of the 1997 Uniform Building Code . C. Section 103 .5.6. The fourth paragraph shall be repla ce d with th e foll owing : D. E . 1--. 116.6.3 How Obtained. To obtain rein pection, the applicant s hall fil e an application therefor in writing upon a form furrushed for that purpose and pay the reinspection fee in accordance with Table No. 1-A of the 4-994 1997 Uniform Building Code . Delete Table No . 1-1. Section 1301.1 add second paragraph. See also NFPA 99 -Health Care Facilities for requirements governing Medical Gas Systems. Seetien 60t .l M1uerials. In the thirli sentenee lielete the phrase "a hmlliing" at the enli ef the sentenee anli replaee n ith the feHen ing .. erliing . ... these str11.et1H"e8 .. here eeml,11.stihle eenstr11.et1en is permitteli. CPYC ma) net l,e instaHeil in an) naH n"here preteetien ef epertings is rettttH"eli 11.riless s11.eh piping, er an) attaehment te s11.e"h piping, aees net penetrate an) pertien ef saili "aH. Seetien i01.l.2 shaH he replaeeli .. ith the fellening . ABS snli PVC BWV piping installatiens shall he Limited te these strttet11.res .. here eeml,11.et1hle een11tr11.et1en is aHe .. ea .. \,86 anli PVC B\li'\' piping ma) net 1,e in11talleli in ttn) .. all .. here preteetten ef epemngs is re1111.ireli 11.rileee etteh piping, er an) attllehmer1t te 811.eh piping, lieee net penetrate an) pertien ef 88ili "all. -2- • I • 0 - • • -• ,,,.. . • • -' G,-Seetien 983.1.2 sh11H lie repl11ee«!. .. ith the felle .. ing . . \BS 11:n«!. PVC QWV piping inst11H11tiens sh11H lie 1:imite«!. te these str11et1H"es "here eemh11t1tilile eenetr11et1en is 11:lle .. ell. . .\BS llnli PVC BWV piping mil, net he inet11He«!. in 11n) "11H "here preteet1en ef epenings is re11tttre«!. 11nlese s11eh piping, er 11t1, 11tt11ehment te 311eh piping, aeee net penetrate 11t1, pert1en ef 311i«!. , 1111. (Ora. sa Series 1990 Sectjon 2 Safety Clauses The City Council hereby finds. determines. a nd declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health . safety. and welfare of the public, and that this Ordinance is necessary for the preservation of h ea lth a nd safet y and for the protection of public convenience and we lfare . The City Co uncil further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Sectjon 3 Seyerabjljty If any clause , sentence. paragraph. or pa rt of this Ordinance or the application thereof to any person or circum stances shall for a ny reason be adjudged by a court of competent jurisdiction invalid . s uch j udgment s hall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances . Sectjon 4 Inconsjstent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5 Effect ofrepeal or modjficatjon The repeal or modification of a ny provision of the Code of the City of Englewood by this Ordinance s hall not release , extinguish. alter. modify , or change in whole or in part any penalty. forfeiture . or liability. either civil or criminal. which shall have been incurred under such provision . and each provision shall be treated and held as still remaining in force for the purposes of s ustaining any and all proper actions. swts, proceedings , and prosecutions for the enforcement of the penalty, forfeiture. or liability, as well as for the purpose of s ustaining any judgment, decree , or order which can or may be ·rendered , entered, or made in such actions, suits, proceedings . or prosecutions. Sect10n 6 . Chojce of Code. Any party who has a pending application. where the permit application a nd final site plan have been s ubmitted to the City before the date of final adoption of this Ordinance , s hall make an e lection to proceed under either the current Code or the 1997 Code but not a co mbination thereof. Sectrnn i fe1ialu. The Penalty Provision of E .M .C . Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced , read in full , and passed on first reading on the 20th day of March . 2000. -3- ' . . . . . ) I • 0 - • • • • .. • -' Published as a Bill for an Ordinance on the 24th day of March, 2000. Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis. City Clerk of the City of Englewood , Colorado , hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced , read in full , and passed on first reading on the 20th day of March . 2000 . Loucrishia A. Ellis -4- ' . .. I • 0 • • -• ORDINANCE NO. _ SERIES OF 2000 ,. • • -.. BY AUTHORITY A BILL FOR AN ORDINANCE AMENDING TITLE 8 , CHAPTER 20, OF THE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO THE ELECTRICAL CODE OF THE CITY OF ENGLEWOOD , COLORADO . WHEREAS , the City of Englewood has used the Uniform Electrical Code as a mod el construction code since 1970 ; and WHEREAS, this Code is updated periodically to keep pace with changing construction technology ; and WHEREAS, the City of Englewood Division of Building and Safety staff has thoroughly reviewed the 1999 Edition of the Uniform Electrical Code a nd r eco mmends adoption thereof subject to certain exceptions. modifications and a mendment: NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Sectjon I. _ The City Council of the City of Englewood, Colorado he reby amends Title 8 , Chapter 20, of the Englewood Municipal Code 1985 , to read as follows : CHAPTER2 CONSTRUCTION AND SAFETY CODES ARTICLED ELECTRICAL CO DE 8-2D-l : CODE ADOPTED : There is hereby adopted by reference thereto, the National Electncal Code, -l-993 ~ Edition, together with appendices contained therein, and the Uruform Adm1rustrat1ve Code provisions for the National Electrical Code , 1993 Edition. published by the National Fire Protection Association, One Batterymarch Park . Quincy , Massachusetts. 02269 , with the same force and effect as if the same were fully set forth herein , s ubject to the exceptions, modifications and amendments set forth in Section 8 -2D-2 of this Article . The Clerk shall maintain a copy of the Code which will be available for inspection during regular business hours . -I - • ., 0 I • 0 - • • • ~ -• ) ~,. .. ... • -~ COUNCIL COMMUNICATION Date Agenda Item Subject March 20 , 2000 11 a iv Electrical Code Update Ordinance Initiated By Staff Source Safety Services, Building Division Lance Smith, Chief Building Official Ben Greene , Fire Marshal COUNCI.. GOAL AND PREVIOUS COUNCIL ACTION The 1994 series of Uniform Codes were adopted by Council and become effective on January 22 , 1994 . These codes included the Uniform Building Code , Uniform Plumbing Code, Uniform Mechanical Code, Uniform Fire Code , Uniform Code for the Abatement of Dangerous Buildings and the 1993 National Electrical Code . RECOMMENDED ACTION The Building Division of the Department of Safety Services recommends the adoption, by ordinance. of the 1997 series of Uniform Codes including the 1999 National Electrical Code. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The 1997 series of Uniform Codes provide regulatory guidelines that reflect the most recent technological advancements and safety factors for residential and commercial properties in the City . These codes are the recognized standards for this part of the -country and continue to serve this community well . FINANCIAL IMPACT None anticipated . LIST OF ATTACHMENTS Proposed Ordinance ) I . 0 • • -• • • - 8-2D-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE: The following modifications are hereby made in the provisions of the National Electrical Code (NEC),4-99a 1999 Edition. and The Uniform Admmistrative Code provisions for the National Electrical Code (UACP-NEC), 1993 Edition , hereinabove adopted: A. Delete UACP-NEC, section 105 of chapter 1. B. Delete UACP-NEC, sections 201(a), 201(b), 201(c) and 20l(h) of chapter 2 . C. Delete UACP-NEC, section 201(i) of chapter 2 . D. Delete UACP-NEC, section 203 of chapter 2. E . Delete UACP-NEC, section 204 of chapter 2. F . UACP-NEC , section 304(a) of chapter 3 PERMIT FEES. Del ete the firs t sentence and replace with the following wording: The fee for each permit shall be based on the valuatio n of construction and determined as set forth in Table N<r.<J-A Ll of the -+9881997 Uniform Building Code. G . UACP-NEC, section 304(b) of chapter 3, PLAN REVIEW FEES. Delete the second, and third sentences and replace with the wording: The plan review fees for review of electrical plans shall be equal to 65 percent of the total permit fee. When plans are incomplete or changed so as to require additional plan reuiew, an additional plan review fee shall be charged at the rate shown in Table No.~ L;.1 of th e ~ 1997 Uniform Building Code. H . UACP-NEC, section 305(e) of chapter 3 , REINSPECTIONS . In the fourth paragraph add the following wording at the end of the paragraph: I. of the~ 1997 Uniform Building Code. UACP-NEC , Delete Table No. 3-A of chapter 3. ELECTRICAL PERMIT FEES . J.:. .!'H'iC 11rtiele 119 6, 111111 the fell,lhing sentenee 11t the en!l 6hhe p11r11gt"11ph . Fite i, t86tlliafiert 11{ 8'1u1i,t1t11t 11• e8f'tle• elofi 1tl1t11tirt1tr1t ee, tftttde•s a11t1tllie• in 811ft e.'!ffrt ,lll'6' a1t11tl,u e~lt! (S) ia pP'Bhibifed . (Ori!. l!l! Series ~ ~C 11rtiele aaa 19, 111111 the felle .. ing sentenee 11t the enli ef the 111st aeftteftee. -2- • I • 0 -..---~----~--------------.,-..---------------- 41 • 6. M . .,,-. • ... • • ~/EC srtiele 336 a, i11. the first se11.tenee insert the .. ere! "a na!" bet .. een the .. erfis "tiliielli,~" snei ""utlti{a,11:ii:," and fielete the phi-ase "1t1ta! Bthe,. stl"ltetl't. es". HEG artiele 336 ~Ea ). In item (t) fielde the pMase "e.,eei,t ss i,re -,fief! in artiele ~18 , plaees efassembl)", ii!. item (8) fielete the .. erei "er".'" item (9) plaee ft semieelen "," sfter the nttmber "6 94 29" anfi sfifi the .. ere! "e r" 11fter the semieelen. anfi afifi ft ne .. item 09) te re11fi . iJ,, Artic!e 336 non-metalic-sheathed cable . ~. 336-4 (2\ Uses Permitted. • Delete the phrase '· and other structure ··. ~ 336-5 Uses Not Permited (a). • In item {4) delete the phrase ··except a proV1ded • in Article 518 Places of Assemblv". 336-5 (9\ del ete " e xce pt as permitted b,· S ecuons 50 1--l (b) Exception. 502-4{B } except10n and 504 -20. 336-10 In any commercial industr1aL retall or public building. N . ~ NEC article 518-4 , Ei.teei,tien ~e. I Wiring Methods -(b) Nonrated Construction, Delete the phrase "non-metallic s hea thed cable". Section 2 Safety Clauses The City Council hereby finds , determines , a nd declares that this Ordinance is promulgated under the general police power of the City of Englewood . that it is promulgated for the h ealth , safety , a nd welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relallon to the proper legislative object sought to be obtained. Sectjon 3 Severabjlity If any clause , sentence , paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, s uch judgment s hall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Sectjon 4 Inconsjstent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. -3- ' ' I • 0 • • I '- • ; . , .. • - Sectjon 5 Effect of repeal or mo1h6cat1on The repeal or modification of any provision of the Code of the Ci t y of Englewood by tlus Ordinance shall not release , extinguish, alter, modify, or change m whole or in part any penalty, forfeiture . or liability, either civil or criminal, which shall have been incurred under such pro'\s,sion . and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits. proceedings . and prosecutions for the enforcement of the penalty, forfeiture . or liability , as well as for the purpose of sustaining any judgment, decree , or order wluch can or may be rendered, entered, or made in such actions, suits. proceedings. or prosecutions . Sectjon 6. Chojce of Code . Any party who has a pending application, where the permit application and final site plan have been submitted to the City before the date of final adoption of this Ordinance , shall make an election to proceed under either the current Code or the 1999 Code but not a combination thereof. Sectjon 7 ~ The Penalty Provision ofE.M.C . Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 20th day of March , 2000 . Published as a Bill for an Ordinance on the 24th day of March, 2000 . ATTEST: Thomas J . Burns, Mayor Loucrishia A. Ellis, City Clerk I. Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced , read in full. and passed on first reading on the 20th day of March, 2000 . Loucrishia A. Ellis -4- • .. ... I • 0 - • • ORDINANCE ~O . _ SERIES OF 2000 ~· • • - BY A THORITY A BILL FOR COUNCIL BILL NO. 21 ~~~~C~UNCIL AN ORDINANCE AMENDING TITLE 8 . CHAPTER 2E . OF THE ENGLEWOOD MUNICIPAL CO DE 1985 . PERTAINING TO THE FIRE CODE OF THE CITY OF ENGLEWOOD . COLORADO . WHEREAS. the City of Englewood has used the Uniform Fire Code as a mode l co ns truction code since l 9i0 : and WHEREAS. this Code is updated periodically to keep pace with cha n gin g constructlon technology ; and WHEREAS. the City of Englewood Di vis10 n of Bwlding a nd Safety staff ha s thoroughly r evie wed the 199i Edition of the ruforrn Fire Code a nd reco mmends adoption thereof s ubj ect to certain exceptio n s. modifi ca ti on a nd a m e ndm e n t : NOW . THEREFORE . BE IT ORDAI NE D BY THE CITY COLi NCIL OF THE CITY OF ENGLEWOOD. COLORADO . AS FOLLOWS : Sectjon 1. The City Council of the Ci ty of Englewood. Co lorado he re by a mend s Title 8 . Chapter 2E. of the Englewood Mumc1pa l Code 1985 . to read as follows ; CHAPTER2 CONSTRUCTION AND SAFETY CO DE S ARTICLE E FIRE CO DE 8-2 E -l : CODE ADOPTED: Ther e is her e by adopted. by reference thereto. the Uniform Fire Co de. Vo lum es I a nd II. -W9+ 1997 Edition, including Appendix chapter s 1-B . J-C. 11-8 , 11 -0 . 11 -E, 11-F . m-A. 111-B . lll-C. IV-A , IV-8. V-A . VI-A . VI-B . VI-C . ¥I-B. VI-E . VI-F. a nd VI-G publis hed by the International Fire Code Institute . 9300 J oll yville Road. Swte I 05 . Austin. Texas i8i59-7455 , s ubject to excep tions . modifications a nd a me ndments as et fo rth in Section 8-2 E-2 of this Article. The Clerk s hall m ai n tam a co pv of the Code which will be ava il a bl e for inspection during r e gular bus iness hours . 8-2E-2 : SPECIFIC MODIFICATIONS TO ADOPTED CODE : The followmg s pecific changes. modifications and amendments are he reby made in the proVJsions of the Uniform Fire Code . -i-99+ 1997 Edition. herein above adopted : A. 9elete Section 103.1.4 s hall be replaced by the following : Appeals sh a ll be '-in accordance wjth E.M.C. 8-1-7. -I - • • 0 ) I • 0 • • • ,, • 1 .... • • ... COUNCIL COMMUNICATION Date Agenda Item Subject March 20 , 2000 11 a V Fire Code Update Ordinance Initiated By Staff Source Safety Services, Building Division Lance Smith , Chief Building Official Ben Greene . Fire Marshal COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The 1994 series of Uniform Codes were adopted by Council and become effective on January 22 , 1994. These codes included the Uniform Building Code , Uniform Plumbing Code , Un iform Mechanical Code , Uniform Fire Code, Uniform Code for the Abatement of Dangerous Buildings and the 1993 National Electrical Code . RECOMMENDED ACTION The Building Division of the Department of Safety Services recommends the adoption, by ordinance , of the 1997 series of Uniform Codes including the 1999 National Electrical Code . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The 1997 series of Uniform Codes provide regulatory guidelines that reflect the most recent technological advancements and safety factors for residential and commercial properties in the City. These codes are the recognized standards for this part of the country and continue to serve this community well. FINANCIAL IMPACT None anticipated . LIST OF ATTACHMENTS Proposed Ordinance • .. • I 0 I . 0 • • • • i .... • - Sectjon 6. Chojce of Code . Any party who has a pending application, where the permit application and final site plan have been submitted to the City before the date of final adoption of this Ordinance, shall make an election to proceed under either the current Code or the 1997 Code but not a combination thereof. Sectjon 7 ~ The Penalty Provision of E .M.C . Section 1-4-1 shall apply to each and every violation of this Ordinance . Introduced, read in full , and passed on first reading on the 20th day of March . 2000 . Published as a Bill for an Ordinance on the 24th day of March. 2000 . Thomas J . Burns. Mayor AITEST: Loucrishia A . Ellis, City Clerk I , Loucrishia A . Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance , introduced. read in full , and passed on first reading on the 20th day of March, 2000 . Loucrishia A. Ellis -3- ., I • 0 X - • • • ... -. • • - Delete Section 104 .3.2 Re co rd Retention . B ~-Section 105 .8 , Permit required . Delete ail item exce pt the fo ll owing : b. l. Bowling Pin or Aile y refinishing c.6 . Combustible material s torage e. l. Explosive or bl asting agents f. 2 . Fireworks h .2 . H a za rdous production m at e r ia ls m.2 . Mall . covered o. l. Open burning p . l. Parade floats p .3. P yrotechnical s pecial effect s mate rial t .l. Te nts canopies and temporary membrane structures G ~-Section 1003.2.2 paragraph 5 , s ha ll be r eplace d with the fo ll owing : 5 . Throughout ail buildings which a r e 50 or more fee t in he ight (as defined in chapter 2 of the ~ 1997 Uniform Building Co de) or wluch comprise mor e than four stori es irrespect1ve of height. Except: Group S D1vis1 on 4 Occupancies classified e xcl u i,·ely as o pe n parking garages in accordance with secti on 3 11.9 of t he ~ 199 7 Uniform Building Co de. Section 2 Safety Clauses The City Co uncil hereby finds , determines . a nd declares that this Ordinance is promulgated under the general police power of t he City of Englewood , that it is promulgated for the health . safety , a nd welfare of the public, and that this Ordinance is necessary for the preservation of he a lth a nd safety and for the protection of public convenience and welfare . The Ci t y Co uncil further determines that the Ordinance bears a rational relation to the prope r legislative object so ught to be obtained. Section 3 Severabiljty If any clause. sentence , pa ragra ph . or pa rt of tlu Ordinance or the application thereof to any person or crrcum stance hail fo r a ny reason be adjudged by a court of competent jurisdicti o n inva lid . s uch Judgment s hall not affect, impair or invalidate the remainder of thi s Ordinance or 1t app li ca tion to other persons or circumstances. Section J Inconsistent Ordinances All other Ordinances or portion s the reof inconsistent or conllicting with this Ordinance or any port10 n hereof a re here by repealed to the extent of such inconsistency or conllict . Sectjon 5 Effect of repeal or modificatjon The repea l or modifi cat1o n of a ny provision of the Code of the City of Englewood by this Ordinance s h all not r e lea se. extinguish, alter, modify , or change in whole or in part any pe nalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provt s1on . and each provision shall be treated and held as still remaining in for ce for the purposes of sustaining any and all proper actions. s uits , proceedings, a nd prosecutions for the enforcement of the penalty, forfeiture , or liability. as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered . entered, or made in s uch actions. s uits. proceedings , or pro secutions . -2- • I • 0 • • -• I • ORDINANCE NO._ SERIES OF 2000 ,, • • - BY A THORITY A BILL FOR COUNCIL BILL NO. 22 ~~~~~UNCIL ) AN ORDINANCE AMENDING TITLE 8 , CHAPTER 2F , OF THE ENGLEWOOD MUNICIPAL CODE 1985. PERTAINING TO THE CODE FOR ABATEMENT OF DANGEROUS BUILDINGS FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the City of Englewood has used the Uniform Code for the Abatement of Dangerous Buildings as a model construction co de since 1970 ; a nd WHEREAS, this Code is updated periodically t o ke ep pace with changmg construction technology ; and WHEREAS , amending the assessment of admuustrauve costs to 25 % makes th, consistent with administrative costs for removal of we eds a nd tra h m E .:VI.C. Titl e 15 ; and WHEREAS, the City of Englewood Division of Building and Safety taff ha s thoroughly reviewed the 1997 Edition of Uniform Code for the Abatement of Danger ou s Buildings and recommends adoption thereof subject to certam exceptions, modifications and amendment; NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Sectjon l. The City Council of the City of Englewood , Colorado hereby amends Title 8 , Chapter 2F, of the Englewood Municipal Code 1985 , to read as follows : CHAPTER2 CONSTRUCTION AND SAFETY CODES ARTICLE F THE ABATEMENT OF DANGEROUS BUILDINGS CO DE 8-2F-l : CODE ADOPTED : There is hereby adopted , by reference thereto , the Uniform Code for the Abatement of Dangerous Buildings,--H}94. 1997 Edition, published by the International Conference of Building Officials, 5360 South Workman J.\ilill Road , Whittier, California 90601 , subject to certain exceptions, modifications and amendments as set forth in Section 8-2F -2 of this Article . The Clerk shall maintain a copv of the Code which will be available for inspection during regular business hours . -I - • I • 0 - • • • • ... ... • -' COUNCIL COMMUNICATION Date Agenda Item Subject March 20, 2000 11 a vi Abatement of Dangerous Build ings Code Update Ordinance Initiated By Staff Source Safety Services , Building Division Lance Smith. Chief Building Official Ben Greene . Fire Marshal COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The 1994 series of Uniform Codes were adopted by Council and become effective on January 22, 1994. These codes included the Uniform Building Code , Un iform Plumbing Code , Uniform Mechanical Code, Uniform Fire Code, Uniform Code for the Abatement of Dangerous Buildings and the 1993 National Electrical Code . RECOMMENDED ACTION The Building Division of the Department of Safety Services rec ommends the adoption, by ordinance, of the 1997 series of Uniform Codes including the 1999 National Electrical Code. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The 1997 series of Uniform Codes provide regulatory guidelines that reflect the most recent technological advancements and safety factors for residential and commercial properties in the City . These codes are the recognized standards for this part of the country and continue to serve this community well. FINANCIAL IMPACT None anticipated . LIST OF ATTACHMENTS Proposed Ordinance .. ) I . • • • _,.-. • • -' ... 8-2F-2 : SPECIFIC MODIFICATIONS TO ADOPTED CO DE : The following specific changes, modificat10n s and amendments a r e her eby made in t he provisions of the Uniform Co de for the Abatement of Dangerous Buildin gs , -l-994 199 7 Edition, hereinabove a dopted : A. Belete §ection 205 .l. shall be replaced with the fo ll owing: App eals s h a ll be in accordance with E .M.C . 8-1-7 . B. C. D . Delete seet:ien l;(H . Delete Chapte r 5 in its entiret\•. Delete chapter 6 in its entirety. Section 801. l · Proce dure . In the first sentence , delete t he phrases "the r efore to the Director of Public Works" a nd "under t h e direction of said Director ". De lete the second sentence in its entirety. E . Delete section 801.2. F . Delete section 802. G. Replace chapter 9 with the following : Section 901 · Notice of Cost. Whe n any costs a r e in curred by the City in causing the repair or demolition of any building done pursua nt to the provisions of section 701.3 of this Code , t he City Manager s hall ca use a statement to be prepared showing the whole cost of re pair to . or demolition of, any building, plus fifteen percent (15%) for administrative co sts. a nd s uch statement shall be mailed to the property ow ner(s) with instruction s that said statement will be paid in full plus costs , within thirty day s of said mailing. Section 902 · Assessment. If. after thirty days from s u ch mailing d a te , the full amount of such statement is not paid , the Ci t y Manager sh a ll mform City Co uncil of s uch fact, and the Council s hall thereupon enact a n ordina n ce assessing the whole amount of s uch stateme nt. plus a n a dditio n a l tett twentv-five percent(~ (25 %) of s uch amount. agam st the lot s or tracts of r ealty to which s uch statement sh all pertain. Upon final passage of s u ch ordinance , a co py thereof shall be se nt to each per son having a r eco rd interest in any realty upon which a n assessm e nt i s m ade , and s uch assessments s hall be ce rtified to the Co unty Treas urer who sh a ll co ll ect s u ch assessments in the same manner as ad valorem taxes are co ll ected. Section 903 -Lien Assessment. All such assessments s hall co n stitute , from the effective date of the assessing ordinance , a perpetual li e n in the several a mounts assessed against each lot or tract of land . a nd s hall have priority over all liens excepting general tax liens and prior s pecial assessments. No delays, mistakes , errors, or irregularities in any act or proceeding a uthorized he1·ein shall prejudice or invalidate any final assessme nt; but the same may be remedied by s ubsequent amendments . acts or proceedings. as the case -2- • ) I • 0 • • -• .. • -• ·,· • • • ' may require . When so remedied, the same shall take effect as of the date of the original act or proceeding. Section 904 -Other Remedies. The amount of any unpaid charge. plus all penalties added thereto . shall constitute a debt due the City. The City Attorney shall, at the direction of the City Mal'la,;er Council , institute civil suit in the name of the City to recover such charges and penalties. Such remedy shall be cumulative with all other remedies, including prosecuuon in Municipal Court for each and every violation of this chapter. Section 2 Safety Clauses The City Council hereby finds , determines . and declares that this Ordinance is promulgated under the general police power of the City of Englewood , that it is promulgated for the health. safety. and welfare of the public, and that this Ordinance is necessary for the preservation of health and s afety and for the protection of public convenience and welfare. The City Council furthe r determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Sectjon 3 Seyerability If any clause. sentence, paragraph . or part of th.is Ordinance or the application thereof to any person or circumstan ces s hall for any reason be adjudged by a court of competent jurisdiction invalid . s uch Judgment shall not affect, imparr or invalidate the remainder of thjs Ordinance or 1t apphcauon to other persons or circumstances. Sectjon 4 lnconsjstent Ordinances All other Ordinances or port10ns thereof inconsistent or conflicting with th.is Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Sectjon 5 Effect of repeal or modjficatjon The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release . extinguish, alter, modify , or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions . suits. proceedings, and prosecutions for the enforcement of the penalty, forfeiture. or liability, as well as for the purpose of sustainmg any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Sectjon 6 £en.a.Ju. The Penalty Provision of E .M.C . Section 1-~-l s hall apply to each and every violation of th.is Ordinance . Introduced, read in full , and passed on first reading on the 20th day of March, 2000. -3- ' . • ) I • 0 • • .. • --• J ~.I .. . , • -.. Published as a Bill for an Ordinance on the 24th day of March, 2000. Thomas J. Burns. Mayor ATTEST: Loucrishia A . Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood . Co lor ado. hereby ce rtify that the above and foregoing is a true copy of a Bill for a n Ordinance, introduce d. r ead in full , and passed on first reading on the 20th day of March, 2000 . Loucrishia A. Ellis -4- , . • " .. ~ . " ) I • 0 - • • • ,. • .. • - //t>.-vi,· BY AUTHORITY ORDINANCE NO. _ SERIES OF 2000 COUNCIL BILL NO. 25 INTRODU~D ~OUNCIL MEMBER 4 ~\ ..... A BILL FOR AN ORDINANCE RENUMBERING TITLE 8. CHAPTER I. OF THE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO THE DIV1SION OF BUILDI NG A:-..'D SAFETY ADMINISTRATION OF THE CITY OF ENGLEWOOD . COLORADO . WHEREAS , the Englewood City Council passed Ordinance No. 7. Series of 2000 , the Admirustrative Ordinance deleted E .M.C . Title 8. Chapter I. Section -l . in its entirety, requinng the renumbering of the subsequent section s of tlus Chapter: NOW , THEREFORE , BE IT ORDAINED BY THE CITY COU~CIL OF THE CITY OF E~GLEWOOD. COLORADO , AS FOLLOWS : Semon l. The City Co uncil of the City of Englewood . Co lorado her eby renumbers Title 8 . Chapter 1, of the Englewood Municipal Code 1985 , to read as follow s : CHAPTER 1 DIV1SION OF BUILDING AND SAFETY ADMINISTRATION 8-1-1 : TITLE AND P URPOSE : This Title shall be referred to and known as the ENGLEVl'OOD B UILD!lliG AND SAFETY CODE and 1s e nacted to provide m1rumum standards to safeguard life a nd limb and promote the public health. welfare and safety of the citizens of the City. and of the public generally. by regulating and controlling the design, construction. quality of matenals, use and occupancy , location and maintenance of all buildings. structures and utilities within the City and ce rtain equipment specifically regulated herein . 8-1-2: DUTY TO COMPLY WITH CODE : A . B. C. It shall be the duty of all officers and employees of the City to coope r ate m t he enforcement of the Englewood Building and Safety Code . Such coo peration shall include any assistance that may be required for the enforcement of the Englewood Building and Safety Code. A variance granted by the Board of Ad1ustment and Appeals shall be co me null and void if required permits are not obtained and work started within six (6) months from the date the variance 1s granted. No oversight, neglect or dereliction on the part of the Code Administrator or any authorized assistant shall authorize violation of this Code . Each day a violation is continued constitutes a separate offense . -I - • .. 0 I • 0 • • • ..• ... • • -.. COUNCIL COMMUNICATION Date Agenda Item March 20 , 2000 INmATEDBY: Safe Services, Buildin Division 11 a vii Subject: Title EMC Title 8 STAFF SOURCE: Lance Sm ith. Chief Buildin Official COUNCIL GOAL AND PREVIOUS COUNCIL ACTION .. Title 8 Chapter 1 -Division of Building And Safety -was revised under Ordinance 7 Series 2000 . The revisions to this Chapter included deleting Section 4 of Chapter 1 and require that the subsequent chapters be renumbered. RECOMMENDED ACTION The Building Division of the Department of Safety Services recommends the adoption, by ordinance , the renumbering of Title 8 Chapter 1. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED By renumbering the subsequent sections of this chapter will provide numerical continuity within Chapter 1. FINANCIAL IMPACT None anticipated LIST OF ATTACHMENTS Proposed Ordinance "· . ' 0 I . 0 I - • • -• ,, --. • • - D . This Code shall not be co nstrued to relieve from or lessen the responsibility of any person owning, operating or controlling any buildmg or structure fo r any damages to persons or property ca u sed by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any s uch liability by reason of the inspections authorized by this Code or by certificates of inspection issued under this Code. 8-1-3 : DEFINITIONS: BUILDING OFFICIAL or CHIEF BUILDING OFFICIAL: Where these terms a re u sed in this Title or any co d e in tlu~ Title , they shall mean the person designated by the City Manager. or his/her representative with the title of Building Official or Ch1ef Buildmg Official. ENGLEWOOD B ILDING AND SAFETY CODE: This e nnre Title and all codes adopted herem. INSTITUTION : The occ upancy or use of a building or s tructure or any portion thereof by persons harbored or detained to r ecei ve medical , charitable or other ca r e or treatment, or by pe rson s involuntarily d etained. 8-l-1i i: GENERAL POWERS AND DUTIES : The Chief Building Official shall administer and enforce the Englewood Building a nd Safety Code 8-1~ ~: PERMIT FEES FOR CITY CONSTRUCTION WORK: A. Any construction work governed by this Title , which is to be accomplished by employees of the City in or on property owned by the City , s h all be exempt from all permit fee assessments which would normally be reqwred . All City e mployees who perform construction work for the City must be properly licensed or be working under the uperv1 10n of a n individual who 1 prope r!· licensed. Waiver of permit fees does not exempt C1ty employees from h ann g all necessary permits and approvals pnor to co mmencement of construction work . B. Commeretal and private contractors doing construct10n work for the City s ha ll not be exempt from the payment of permit fees . 8-1-+ ~: ALTERNATE MATERIALS AND METHODS A. The provisions of the Englewood Building and Safety Code are not intended to prevent the use of any material or method not specifically prescribed by -2- • I • 0 • • -• ---. • • - the Code , provided any alternate or modification to the Code ha s be e n approved and its use authorized by the Chief Building Official. B. The Chief Building Official may approve any alternate material or method . provided that the proposed design, use , or operation is s atisfactor y and complies with the intent of this Code and that the material. m ethod of work performed, or operation is, for the purpose intended, at least the eqU1va lent of that prescribed in this Code in quality , strength. effectivenes s , fire resistance , durability, safety and sanitation. C . The Cluef Building Official shall require that sufficient evi dence of compliance with the provisions and intent of this Code be provided when alternate materials or methods are intended to be utilized . When new technologies, processes, products, materials and/or uses present technical proble m s which the s taff is not trained to adequately evaluate. the Chief Building Official may require the tests be conducted to s ubsta ntiate co mpliance with the intent and provisions of this Code . Such evidence s hall be prepared by qualified engineers, specialists. laboratory or fire-safety orgaruzations. or other approved agencies acceptable to the Chief Building Official and s hall be provided at the expense of the perso n requesting approval of the alternate material or method . D. All details of any action granting modification of t his Code s hall be recorded and entered mto official records of the Ci t y . 8-1~ j: APPEALS : Whenever the Chief Building Official shall disapprove an application : refuse to grant a permit; deny or revoke a license or certificate of registration ; disapprove an application for alternate materials or methods : when it is claimed that the provisions of the Englewood Building and Safety Code do not apply in the manner in which the Chief Building Official or an agent determines, or when it is claimed that the true intent and mearung of the Code have been misconstrued or wrongly interpreted by the Chief Building Official or an agent, any person aggrieved thereby may appeal from the deci sion of the Chief Building Official or an agent to the Englewood Board of Adjustment and Appeals within thirty (30) days from the date of the decision appealed, which Board s hall review the decision of the C hief Building Official or an agent and render a final and binding decision thereupon . In co n s ide rin g s uch appeals, the Englewood Board of Adjustment and Appeals s hall h ave the powers granted to the Cluef Building Official. 8-1-9 ~: UNLAWFUL ACTS : It s hall be unlawful for any perso n to do or cause to be done . or perform or cause to be performed any act contrary to or in-violation of any of the pro";sions of this Code or any other code, ordinance, rule or regulation promulgated thereunder including the following : A. Alternate Methods, Materials and Equipment. For a n y person to use any method . material or equipment as an alternate to the method s. mate rials or equipment permitted by this Code without first having obtained a pproval in the manner provided . -3- • ' I • 0 ] • • • • • - B. Licensing. To excavate. erect. construct, enlarge, remodel. alter , repair. move , improve , remove, convert or demolish any building, structure or utility in the City without first obtaining a license or certificate in accordance with the provisions of this Code . C. Licensee and Certificate Holder Responsibility . For any licensee or certificate holder to commit any violation of the responsibilities as enumerated elsewhere in this Code . D . Drawing and Specifications . To make application for a permit without first having submitted drawings and specifications as required by provis ion s of this Code . E . Permits. To excavate. erect, construct, enlarge. remodel. alter, r epa tr . move . improve , remove , convert or demolish any building, structure o r utility m the City without first obtaining a permit in accordance with the proVJsions of thi s Code . F. Certificate of Occupancy. For any person to occupy any building or structure without first having obtained a certificate of occupancy as required by the provisions of this Code. The Chief Building Official may issue a te mp or a ry certificate of occupancy. G. Unsafe Buildings. For any person to maintain or permit to be ma mtamed , any building, structure or utility when such building , s tructure or utility is unsafe in accordance with the provisions of this Code . These r e qull'ements shall apply to buildings. structures or utilities now ex1s tmg, under construction or being demolished. H . Wrecking. To sell or to advertise for sale used building materials at t h e site of wrecking operations I. Burning of Waste Material. For any contractor to burn paper. refuse, wast e or other materials at the site of any wrecking or building operations without first having obtained the required permit as provided for m thi s Code . J . Excavation and Fill Materials. For any person to allow any e xcavat10n to be left open, or any fill material to be piled on site. for a period in excess of sixty (60) days. The Chief Building Official may extend this period if ne cessary due to unusual conditions. 8-1-W ~: VJOLATIONS : A. B. Established, Whenever, by the provtsions of this Code , the pe rformance of any act is prohibited or wherever any regulauon, dimens ion or limitation is imposed on the erection. alteration . maintenance or occupancy of any building structure or utility, a failure to comply with the provisions of this Code shall constitute a violation. A separate offense shall be deemed committed during each day on which a violation occurs or continues. Double Fee if Work Started Without Permit; Emergency Work . Any person who shall commence any work for which a permit and license is required by this Code without first ha\'Ulg obtained a permit therefor shall, if -4- • I • 0 • • -• • ~· • ... • - sub equently permitted to obtain a permit. pay double the permit fee fixed for uch work : provided , however , this provision shall not a pply to e mergency work when 1t shall be proved to the satisfaction of the Chief Building Official that s uch work was urgently necessary and that it was not feasible to obtam a permit therefor before the commencement of the work . In all such cases a permit must be o btained as soon as it is feasible to do so. a nd 1f there be a n unreaso nable delay in obtaining such permit. a double fee s hall be charged . The payment of s uch double fee shall not relieve a ny person from fully complying with the requirements of this Code m the exec uti on of the work nor from any other penalties prescribed herem. 8-1-H 10: PENALTIES : A. Any person who s hall violate any of the prov1s1ons of t he Englewood Buildin g and Safety Code , or who fails to co mply with the provisions of Title 8 of the Englewood Municipal Code . or who s hall v10late or who s hall fail to co mply with any order made thereunder. or who shall build any structure of a ny nature in v10lation of any detailed statement or s pecifications or plans submitted and approved thereunder, or any certificate or permit iss ued thereunder, and from which no appeal has been taken; or who s hall fail to comply with such an order as affirmed or modified by the Englewood Boa rd of Adjustment and Appeals. or by a co urt of competent jurisdiction. w1thm the time fixed therein , shall be considered to have violated this Code a nd shall be subject to those penalties prescribed m Section 1-4-1 of the Englewood Municipal Code . The imposition of one penalty for any violation shall not excuse the violation nor permit 1t to continue, and all such perso ns s hall be required to correct or remedy such violations or defects within a r easonabl e time . B. Any contmuing act which . under subsection A hereof shall constitute a violation of this Code , 1s hereby declared to be a public nuisance and in addition to all other pena]ttes pre cribed herein. the City may take s uch legal action to abate s uch nuisance as s hall be appropriate. C. The s usp e nsion or revocation of any license , certificate, registration . permit or other privileges co nferred by the City s hall not be regarded as a penalty for the purposes of enforcement of tlus Co de . D. In the event any but.lding , structure or utility is erected , constructed , reconstructed . altered, repaired . co nverted, demoli shed , moved or maintained: or any building, structure, excavation or utility 1s used. m violation of this Code , the City or any proper person may ins titute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion , mamtenance or occupancy; to restrain. correct or abate such violation; or to prevent the occupancy of said building, structure or land . The imposition of any penalty hereunder shall not preclude the City or any proper person from instituting any appropriate action or proceeding to require compliance with the provisions of this Code and with administrative orders and determination made hereunder . -5- • ' . 0 I • 0 ] • • -• .. ~ -· • .. •,, • -.. Section 2 Safety CJau~es The City Council hereby finds , determines . and declares that this Ordinance is promulgated under the general police powe r of the City of Englewood, that it is promulgated for the health . safety. a nd welfare of the public, a nd that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience a nd welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Sectjon 3 Seyerability If any clause. sentence. paragraph, or part of this Ordinance or the application thereof to any person or circum stan ces s hall for any reason be adjudged by a court of competent jurisdiction invalid, s uch judgment s hall not affect, impair or invalidate the remainder ofthis Ordinance or it application t o other perso ns or circumstances. Sectjon 4 Inconsistent Ordjnances All other Ordinances or portions thereof m co n s1ste nt or conflicting with this Ordinance or a n y portion hereof a re hereby re pealed to the extent of such i nconsistency or conflict. Section 5 Effect of repeal or modification The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance s hall not re lease , extinguish, alter, modify , or change in whole or in part any pena lty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision , and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings , and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree , or order which can or may be rendered, entered, or made in s uch actions, s uits, proceedings , or prosecutions. Introduced, read in full . and passed on first reading on the 20th day of March. 2000 . Published as a Bill for an Ordinance on the 24th day of March. 2000 . Thomas J. Burns , Mayor ATTEST: Loucrishia A . Ellis , City Clerk I , Loucrishia A . Ellis , City Clerk of the City of Englewood . Co lorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and p assed on first reading on the 20th day of March . 2000 . Loucrishia A. Ellis -6- ' ' ) I • 0 • • • ORDINANCE NO ._ SERIES OF 2000 . '• .. ,. ,,-. • • - BY A THORITY A BILL FOR COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE Al\.lEN DING TITLE 8 . CHAPTER 3B , OF THE ENGLEWOOD MUNICIPAL CODE 1985 , PERTAINING TO P UBLIC AND SEMI-PUBLIC SWIMMING POOLS IN THE CITY OF ENGLEWOOD , CO LORADO . WHEREAS , the City of Englewood has used the Colorado State Departme nt of Health Swimming Pool Regulations and Standards a s a safety standards s ince 19 73: and WHEREAS , this standard is updated periodically to keep pace with changi n g technology ; and WHEREAS , the City of Englewood Di vision of Building and Safety s taff ha s thoroughly review ed the 1993 Edition of the Colorado State Department of Health Swimming Pool Regulations and Standards and recommends a doption thereof sub1 ect to certain exceptions , modifications and amendment: NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF ENGLEWOOD , COLORADO , AS FOLLO\\ S : Sectjon l . The City Co uncil of the City of Englewood . Co lorado her eby amends Title 8 , Chapter 3B . of the Englewood Muruc1pal Co de 1985 , to read as foll ow CHAPT ER 3 SWIMMING POOLS ARTICLE B PU BLIC AJ:\10 SEMl-PUBLIC SWIMMING POOLS 8-3 B-l : COM PLIANCE WITH CODE : It sh a ll be unlawful for any person to operate a public or se mi-public s wimming pool except as provided in and authorized by tlus Article , a nd in accorda nce with ap plicable rules a nd regulations promulgated by the Co lorado State Departm ent of Health as adopted h e rein . 8-3 B-2 : COLO RADO STATE DEPARTMENT OF HEALTH SWIMMING POOL REG ULAT IONS AND STANDARDS ADOPTED : There is her e by adopted , by reference thereto. the Co lorado State Department of Hea lth Swimming Poo l Regulations and Standards eeetiene III . IV and Appendix. dated September 19 , 19i3 30 1993 , published by the Colorado State Department of Health, D1vis1on of Engineering and Sanitation, 4210 East 11th Avenue, Denver, Colorado . 80220 , with the same force and effect as if the same were fully set forth -I - • I • 0 - • • • t• ••• Date March 20 , 2000 INmATEDBY: Safe Services , Buildin Division • .. .. • - COUNCIL COMMUNICATION Agenda Item 11 a viii Subject: Title 8 Chapter 3-B Swimmin Pools STAFF SOURCE: Lance Sm ith. Chief Bu ildin Div ision COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Colorado State Department of Health Swimm ing Pool Re g ulat ions and Standards sections Ill , IV and Appendix , dated September 19 , 1973 were adopted , by reference, by Council with Ordinance 82 Series 1985. RECOMMENDED ACTION The Building Division of the Department of Safety Services rec ommends the adoption , by ordinance , the updated Colorado Department of Health Swimming Pool and Mineral Bath Regulations Articles I, II , Ill , IV, V and Appendix A , dated August 15, 1993. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The 1993 Swimming Pool Regulations provide regulatory guidelines that reflect the most recent technological advancements and safety factors for Public and Semi-Public Swimm ing Pools . These regulations are the recogn ized standards for this part of the country and will continue to serve this community well. FINANCIAL IMPACT None Anticipated LIST OF ATTACHMENTS Proposed Ordinance ) I· C, • • -• ... --• 1 •• • - herein . Not less than three (3) co pies of the above described Code shall be ce rtified to be true copies of said Code by the Mayor and the Clerk and filed in the office of the Clerk at least fifteen (15) days prior to public hearing a nd s ubject to public inspection at all times while said Code is in full force a nd effect. The Clerk s h all maintain at all times reasonable copies of the Code available for purchase by the public at reasonable price. The Clerk shall maintain a copy of the Standards available for inspection during regular business hours. 8 aB a. DEFI>RTimJS : PKRSml. PlffiY:C SWl~P.,IINC POOL: SEM:J PUBLIC SWP.,P.,HNC PGGb: SWIMMmc POOL: 8-38~ J: PLANS AND SPECIFICATIONS: An~ persen . fH"m . p11rtne1 smJL 11ssee111tien , eei,,er11uen , eemp11n,, ge,ernmen"8l 8p;ene). elttb 61 6rg11m1:8tien 6f 11n, lun!i . As .. imm1ng p6el 11s1111ll) e pen te 11n) member 6f the p11blte . .'.fl) a .. 1mming pe61 .. h1eh ts neither II p11blte s .. imm1ng p6el ner II pri,11te antmming p6el, inel11!ii:ng li) .. 11) ef e.111mple , b11t n6t ltmite!i t6. hetel p6els, mete! peels 11na ee11ntr, el11e peels. ,\cn 11rti:fiei1ttl, eenstr11ete!i eea, ef A 11ter m111nt11inea e.1el11s1, el) fa1 s .. imminp;, reerestt. e list!Hng, er .. 11ainp;, 1nel11!iinp; 11ppttPten11nees tt aea in eenneetien "ith the s,nmming peel. It shall be necessary to submit to the City of Englewood and the Tri-County District Health Department and the Colorado Department of Health as required in the hereinabove adopted standards detailed plans and specifications before any public or semi-public swimming pool is installed, constructed, modified, remodeled , extended or enlarged. Before such work is commenced, s uch plans and s pecification s shall be approved. in writing, by the City of Englewood and the Tri-County District Health Department with respect t o the layout and arrangement of all areas a nd the materials to be used in construction of the swunming pool , bathing areas a nd associated equipment. -2- ' I • 0 • • -• • .. • -' 8-3B-ft f REPAIR OR CLEANING ORDER: The City Manager, or his authorized agent, may order any person who has caused any provisions of this Article to be violated to effect such cleaning or repair operations as are necessary to place such swimming pool in conformity with the requirements of this Article and pertinent rules and regulations referred to hereunder . While cleaning and reparr operations pursuant to an order under terms of this Article are being undertaken, the area or areas of the swimming pool affected by such order shall not be utilized in connection with the operations of such swimming pool. Section 2 Safety C)auses The City Council hereby finds , determines . and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health. safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3 Severability If any clause. sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid. such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 4 Inconsjstent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5 Effect of repeal or modjficatjon The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter. modify , or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits. proceedings, and prosecutions for the enforcement of the penalty, forfeiture. or liability. as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered , entered, or made in such actions, s uits, proceedings, or prosecutions. Sectjon 6 ~ The Penalty Provision of E.M.C . Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on fll'st reading on the 20th day of March, 2000. -3- .. I • 0 32 I • • • • .. • -' Published as a Bill for an Ordinance on the 24th day of March, 2000 . Thomas J . Burns. Mayor ATIEST: Loucrishia A. Ellis . City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood . Co lor a do, he r e by ce r tify that the above and foregoing is a true copy of a Bill for an Ordinance , introduced , r ead in full, and passed on first reading on the 20th day of March , 2000 . Loucrishia A. Elli s -4- ,, ., .. . . ' I • 0 32;< ------------------------~~--------.. r------------------------------------~ • • • --. • • - J/o..-ix BY AUTHORITY ORDINANCE NO. SERIES OF 2000 COUNCIL BILL NO . 24 INTRODUCED BY COUNCIL MEMBER ______ _ A BILL FOR AN ORDINANCE AUTHORIZING THE ··CONTRACT A.MENDME::,.;T #2·· TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD. COLORADO AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF TRA 1 SPORTATION (COOT) FOR THE CO'.\STR ·c TI0:-1 A.\JD F U NDING OF THE PROJECT TO WIDEN AND CREATE :vlEDlANS ON BROADWAY BETWEE N w.S . 28 5 AND YALE A\""ENL'E IN THE C ITY OF ENGLEWOOD . \\ HEREAS , the City Council of the City of Englewood passed Re ol uuon No. 3. S e ries of 1996, whi ch a uthorized the City t o a pply for Fede r a l fund s unde r t he lnte nn odal Surface Trans porta ti on Effi cie ncy Act ()STE A): a nd WHEREAS. m 1997 the City initiated the So uth Bro::id way 'orndo r Action Pl a n : and WHEREAS . the City Council of the City of Engle wood passed O rdmance No. -11. Series of 1998 authorizmg an Intergovernmenta l Co ntract betw ee n C OOT a nd the City for the design of the project of widen and create m edi a ns on Broa dway betwee n U .S . 285 and Yale Av enue: and WHEREAS . the City Council of the City Of Eng le wood pas ed Ordinance NO . 66 . Series of 1999, amending the ba s ic contract dated Au gu t 6. 1998. m order to a dd the construction budget for the project described in t he pre\'1 ous ly exec ute d contra ct: a nd WHEREAS, the pas sage of this Ordinance CO \'e r wording ch a nges to Amendme nt #1 related to the construction of "South Broadway W,d enmg a nd Me dians·· WHEREAS , this proposed Amendment doe s no t change the financial commitments detailed in Amendment #1 which provide s for the Federal Participating Funds t o be $2,980,000.00, the State Participating Funds to be S3 70.000 .00 , a nd Englewood's Participating Funds to be $375,000.00 a nd Engl e woo d's Non-Participating Funds to be $4 ,767.00 . for a T otal of S3 .i29.i6i .00 : NOW , THEREFORE, BE IT ORDAINED BY THE CITY CO UN C IL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon ) . The City Council of the City of Engle wood . Co lorad o. he reby a uthorizes the "Contract Amendment #2" to an intergovernme ntal a gree ment with the S tate of Colorado for the use and benefit of the Department of Trans portation (COOT) for the construction and funding of the project to widen and create medians on Broadway between U.S. 285 and Yale Avenue in the City of Englewood , attached a s '·Exhibit A". -I - • I • 0 • • • .. ,, -· • '1\.. .. .. • -" Sectjon 2. The Mayor is authorized to execute and the City Clerk to attest and seal the "Contract Amendment #2" to the intergovernmental agreement with COOT for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and passed on first reading on the 20th day of March 2000. Published as a Bill for an Ordinance on the 24th day of March, 2000. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I. Loucriahia A. Ellis, City Clerk of the City of Englewood , Colorado. hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced. read in full , and paBSed on first reading on the 20th day of March, 2000. Loucrishia A. Ellis -2- '· " \ ' ~ ) I • 0 • • -. __.. .. • • - STU 2854-071 ( 11999) WIDENING BROADWAY: US :?85 TOY ALE AVENUE City ofEnglwood/R6 (JRI) .. ... COl\iTR.ACT Ai\<IENDMENT #2 00 HA6 00071 THIS Al\.1END!'vlENT, is made this __ day of . 19_. by and between the State of Colorado for the use and benefit of the Depanment of Transportation hereinafter referred to as "the State" or "COOT" and the CITY OF ENGLEWOOD. STATE OF COLOR..\00, 3400 South Elati Street, Englewood. CO 80110. FEIN : 846000583 hereinafter referred to as the "Local A.gency·'. FACTUAL RECITALS I. Authorit:· exists in the law and funds have been budgeted. appropriated and otherwise made a\·aiiable and a sufficient unencumbered balance thereof remains a....-.1ilable for payment in Fund Number 400, Appropriation Code 010. Organization >iumber 9991. Program :zooo . Funct ion 330 1, Object 2312 lP. Phase C. Reporting Category 6:!40. Contract Encumbrance :-.iumber 11 999. (Contract Encumbrance Amount : S0.00). 2. Required appro....-a l. clearance. and coordination ha\·e been accomplished from and with appropriate agencies: and 3. The parties entered into a contract dated August 6. 1998 . t 98 HA6 0 I 0 77 ) and Cont~act Amendment =l. dated January 3. :?000. for a project to widen Broadway at LS 285 to Yale Avenue. including new signalization of the 285 Broadway Ramps . modifications to two ramps and associated impro\·ements. and the reconstruction of Broadway to accommodate raised medians from L'S 285 to Yale. more fully described in Exhibit A anached to the Basic Contract. Routing ;-.;umber 98 H . ..\6 01077 . 4. The Basic Contract is still in effect and provides for changes to its terms and conditions by "Tinen supp lemental contract: and 5. The parties now desire to amend the Basic Contract to pro\·ide that the Loca l Agency is the responsible party for performing the tasks associated with construction for the project described in th e previously executed Basi c Contract. Routing Number 98 H . ..\6 0!07i . 6. This Amendment is entered into pursuan: to the pro\·isions of Sections 24-30-140 l et seq .. 4;-l-1 06 . and 43-1-110 . as amended . NOW THEREFORE, it is hereby agreed that • I! X .. I • I T A ) I • 0 • • -• .. ,. ,,.-. • I '\• ,. • -.. I. Consideration for this Amendment to the Basic Contract which consists of the original contract dated August 6. 1998. Routing Number 98 HA6 0 I 077, and Contract Amendment #1, dated January 3, 2000, consists of the work identified in this amendment, the payments of which shall be made pursuant to Amendment # I and the promises and agreements herein set forth . 2. It is expressly agreed by the parties that this Amendment is supplemental to the Basic Contract. which is, by this reference. incorporated. and made a part hereof. and attached as Exhibit A, and all terms, conditions, and pro\isions thereof. unless specifically modified herein. are to apply to this Amendment as though they were expressly rewritten. incorporated. and includ1:d herein. 3. It is agreed the Basic Contract is and shall be modified. altered. and changed in the following respects only : a. Section II , Project Description. of the Basic C o ntract shall be deleted and shall be substituted \\1th a new Section II wh ich shall read as follo w s: II. PROJECT DESCRJPTIO~ "The project" or "the \V o rk " under this contract shall invo lve the design and construction o f Project STC '.:854-071. which s hall co nsist of widening Broadway at C S 285 to Yale A venue. installing new signalization at the U S :285 /Broadway ramps. mo di fying two ramps and completing the associated improvements. and reconstructing Broadway to acc ommodate rai sed med ians from L'S ::85 to Yale Avenue. herein referred to as "the project" or "the Work" in Englewood. Colorado. as more specifically described in Exhibit A. attached to the Basic C o ntract (the Form =463 and/or a "Scope of Work") as it may be re v ised by the panies in the design review process be fo re the project work is actuall y started. b . Section IV. Work Responsibilitv. of the B asic Contract shall be deleted and shall be substituted with a new Section IV . which shall read as follows: IV. WORK RESPO NS IBILITY The Local .-\genc y shall be respo nsible to perform all design and construction tasks required to co mplete the Work and the Local Agency sha ll comply w ith all applicable terms :md conditio n s of this contract in performing the Wo rk. incl uding those process and task re spo ns ibilities addressed in the Pre-Construction and Construction Administratio n Checklists attached to the Basic Contract. The Loc:il Agency shall perform all such tas k s in acco rd:ince with final approved design and in accordance w ith app licable requirements and standards. including those in th is contract and in applicable law . 4 . Except for the "S pecial Pro \·isions ." in the event of an y conflict. inc o nsistency. variance. or contradiction between the provi sions o f thi s Amendment o r any of its attachments o r exhibits. and an y of the prov is io n s of the Basic C o ntrac t. this Amendment shall in all re spects s upersede. go\·ern :md control. The "S pe cial Pro\·isions " s hall always be controlling O\·er o ther prov isio ns in the contractor amendment s . The factual representations in the Special Pro " isio ns concernin g the absence of bribery o r corrupt influences and personal intere st of St:m: empl o ~ e::s are • ' .. I • 0 - • • • • -• !·· .. . ., ; • -.. presently reaffirmed. 5. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT FISCAL YEAR ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED , BUDGETED, Al'1D OTHER WISE MADE AVAILABLE . 6. THIS AMENDMENT SHALL NOT BE DEEMED VALID UN TIL IT SHALL HAVE BEEN APPROVED BY THE CONTROLLER OF THE STATE OF COLORADO OR SUCH ASSISTANT AS HE MAY DESIGNATE. ,. . ., .. ) I· 0 - • • .. ,. • ,. • - IN WI1NESS WHEREOF , the panies hereto have executed this Amendment on the day first above written. ATTEST : ST A TE OF COLORADO BILL OWENS, GOVERNOR By~~~~~~~~~~ Chief Clerk Contractor: CITY OF ENGLEWOOD Title A TTOR.'iEY GE~ERAL KEN SALAZAR GREG JA.\1IESON Assistant Attorney General Civil Litigation Section Executive Director. Department of Transportation ATTEST (Se:il ) Title APPROVALS ST A TE CO~TROLLER ARTHURL. BARNHART '· " 0 I . 0 32 • • - Date March 20 , 2000 INITIATED BY • .. .,,. • - COUNCIL COMMUNICATION Agenda Item 11 a ix STAFF SOURCE Subject Amendment #2 to IGA with COOT for Construction of Broadway Widening and Medians Department of Public Works Ken Ross . Direct or of Public Works Rick Kahm , Cap ital Projects Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This action continues implementation of the "South Broadway Actio n Pla n" • Council 's goal is to utilize intergovernmental cooperation o n proiect s tha t be nefit all parties . Council approved the following regarding this project : • Resolution No. 3. Series 1996 , authorizing the City to apply for Fede ral funds under the lntermodal Surface Transportation Efficiency Act (!STEA) on January 2 . 1996 . • Ordinance No . 41, Series 1998 approving an Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (COOT) regarding funding the desig n of this project. • Approval of a contract, by motion, with URS Greiner f or design of the project. • Ordinance No . 66 , Series 1999 approving Amendment # 1 to the IG A re garding funding the construction of this project. RECOMMENDED ACTION Staff recommends council approval of a Bill for an Ordinance entering int o an agreement with the Colorado Department of Transportation . The agreement (Amendment# 2) cov ers wording changes to Amendment # 1 related to the construction of "South Broadway Widening and Medians ". BACKGOUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In June , 1998, Council approved IGA with COOT to fund the design of thi s project. URS Greiner was selected as the design consultant and the design is complete . In November, 1999 Counc i l approved Amendment# 110 the COOT agreement to include funding of the construction of this project. The State Attorney General's office subsequently reviewed Amendment # 1 and recommended certain wording changes to COOT . This Amendment # 2 corrects the wording as recommended by the Attorney General 's office . The changes include a better definition of the responsibility for administration of the construction contract and a more detailed project description . ' . '.) I • 0 • • FINANCIAL IMPACT ... . •, ..... • • • This Amendment # 2 does not change the financial commitments detailed in Amendment # 1. Federal Funds State Matching Funds City of Englewood Matching Funds City Overmatch (non-participating) Funds Total LIST OF ATTACHMENTS Bill for an Ordinance Intergovernmental agreement (Amendment # 2) 80% 9 .9% 10.1 % $2 ,980,000 370 ,000 375 .000 4 767 $3 ,729 ,767 .. ) I • 0 X • • • Date March 20 , 2000 INITIATED BY .,,. . • • - COUNCIL COMMUNICATION Agenda Item 11 Ci STAFF SOURCE Subject Award Cont rac t for "South Broadway W idening and Medi ans·· Department of Public Works Ken Ross , Di re cto r of Publ ic Wo rks Ri c k Kahm , Cap it al Pro jects Ma nager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This action cont inues implementation of the "South Broadway Act ion Plan · Council approved the following regarding this project : • Resolut ion No . 3 , Series 1996, authorizing the City to apply for Fe dera l funds und er the lntermodal Su rf ace Transportat ion Efficiency Act (ISTEA) on January 2 , 1996 . • Ordinance No. 41 , Series 1998 approving an Intergovernmental Agreement (I GA) wi th the Colorad o Department of Transportation (COOT) regarding funding the design of t his pro ject. • Approval of a contract , by motion , with URS Greiner for design of t he pro jec t. • Ordinance No . 66 , Series 1999 approv ing Amendment # 1 to the IGA re gard ing fund ing the construct ion of this project . • Ordinance No . 77 , Series 1999 approving an IGA with COOT to aban do n South Broa dway as a State Highway and providing a one time cash payment of $130 ,000 . RECOMMENDED ACTION Staff recommends Council award, by motion, a construct ion contract in t he amount of $3 ,228,699.21 to the low bidder , Concrete Works of Colorado, for the construction of "South Broadway Widening and Medians". The total contract amount includes the base bid of $2 .983 .614 .96 plus the alternate bid of $245 ,084 .25 . Staff is familiar with th e qualifications of the low bidder and this f irm has succ essfully completed other roadway projects for the City of Eng lewood . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED De sign of the proJ ect was completed by our consultant , URS Grei ner . a nd t he project was advertised for construct ion bids . Bids were received and opened on March 9 . 2000 . The bid pa c ka ge included an add Alternate #1 for additional landscapin g in the corridor. The add alternate incl udes add itiona l colored concrete sidewalk at intersections, colored conc rete banding , 68 additional trees , and other inci dental s including irrigation , topsoil and tree grates. Staff also recommends that the project budget include chang ing all th e st reet lighting to the standard established for the South Broadway Action Plan . This proposed street light upgrad e will cost approximately $140,800 . This expenditure wa s not included in the original project budget . Public Se rvic e Company (PSC) policy regarding street lighting upgrades lighting has changed . Historically , PSC has always they included street lighting upgrades as part of the Undergrounding funds without a cash payment from the City (The new lighting completed this year from Tufts to Mansfield was performed by PSC with all costs charg ed to our Undergrounding account.) The low bid for this project is 10.2% above the Consulting Engineer's Estimate for the project. Higher energy prices and the high demand for contractor's services in the local market c ontributed to the low estimate . • I • 0 - • • ~ ,, ,,- • 't. ~.' ... .. • '" -' ' FINANCIAL IMPACT Four bids were received and opened on March 9 , 2000 as detailed in the attached Bid Proposal Tabulation. The Engineers Estimate, prepared by URS Greiner, is 10.2% below the low bid . Detailed below are the estimated costs associated with the project: Design Construction Administration Construction Contract (Base Bid) Construction Contract (Alternate #1 ) Traffic Signal Controller Cabi nets Street Lighting Upgrades Contingency TOTAL Detailed below is the existing available funding for the project : Federal Participation COOT Participation COOT Reimbursement (Broadway Abandonment) Broadway Widening (PIF account 03-36) Broadway Action Plan (PIF account 03·29) Transportation Improvements (PIF account 03-23) TOTAL ADDITIONAL FUNDING REQUESTED S 457,430 $ 356,724 $2 ,983 ,615 S 245 ,084 $ 60,000 $ 140,800 $ 300.000 $4 ,543,653 $2,980,000 S 370,000 S 130,000 $ 677,000 $ 220,000 S 60.000 $4,437,000 $ 106,653 If City Council approves this contract award , Staff will submit a resolution to City Council to move additional funds from the General Fund to cover these cost overruns. Outside the project budget , PSC will underground the overhead street lighting wiring at an estimated cost of $249,525. This amount is available in the PSC Undergrouding account for the City of Englewood . LIST OF ATTACHMENTS Comract Form Bid Tabulation .. • ., ' .. .. ' • I • 0 32X • • • .. • • - CO. TRACT C ITY Of ENGLEWOD. COLORADO THIS C01'TRACT and agreement. made and entered ,mo this 20th da~ of ,1arch . !000 by anJ be:ween the Cn,· o f Englewood, a municipal corporanon of the State of Colorado hereinafter referred to as he ·· it,··. pa~ or the first part, and Concrete Works or Colorado. Inc. hereinafter referred to as the "Contractor". party o r the second pm. WIThESSETH . commencing on the 17'" da~· February. 2000 . and con11n umg fo r at least ten l 1 Ol Jays thereaf e r the City advemsed that sealed proposal s would be rec eived fo r fu rni sh in g all labor. tools . supplies. equipment. matemb and everything necessary and required for the follo win g · PROJECT: South Broadwa\' Widening & :\ledians WHEREAS. proposals pursuant to sa,d adve m sement ha ve been recel\·ed b~ the \la~ or and Cit;. Coun d Jnd hJ , e been cemfied by the D1re cto r o f Public Wo rk s to the \1ayo r and Cit;.· Councd "1th a re co mmendJu un tha t a contrJ([ for said work be J\\Jrded to the abov e named Co ntractor who was the lo\\eSt re liable and respon 1bk bidder therefore. and WHEREAS. pursuant to said recommenda11on the Contract ha s been awarded to the above name Co nrractor b} the Mayor and C,ry Council and said Contra ctor is now willing and able to perform all o f sa id \\Ork in acco rdance '"'h sa,d advemsement and his proposal. ~O\\' THEREFORE . m consi dera11 o n of the compen sation to be pa,d the Contract. the murual ai;reements hereinafter contained are ;ub.1ect 10 the te rms hereinafter stated : ~. Conrract Docu ments : It ,s agreed by the pames hereto that the following llSl o f in struments. dra" ing s and documents "hich are attached hereto. bound herew11h or mcorporated he rem by referen ·e .:ons t11ute and shall be referred to enher as the Contract Documents o r the Contract and all of sa id instruments. dra,"ng s. and do ume nts taken together as a whole consurute the Contract between the pames he reto and the y are as iull v a part of this agreement as if they were set out verba11m and in full herem : Ad ve m se ment of ;\Ollce for Proposals Pr o po sal Co nrract ( thi s instrument) Performance Payment \1amtenance Bo nd Rece ipt. Re lease . Waiver of Cl aims Colorado Deparrmem ofTranspona11on (COOT ) -Standard Specifications for Road and Bndge Cons truction -Standard Special Pro visions Project Special Provisions General Conditions Plans and Drawings B . S.:oge of Work : The Contractor agrees to and shall furnish all labo r, tools. supplies. equipment. matenals and everythmg necessary for and required to do . perform and complete all the work desc nbcd. d rawn . set fonh, shown and included in said Contract Documents . C. T em1s of Performance : The Contractor agrees to undenake the performance of the "ark under thi s Contract wnhin ten ( 10 ) days from bemg nollfied to commence work by the Direc tor o f Publi c Wo rk s an d -9- • ., • I I • 0 - • • • • , --• '!>., .. ·~ • • .. agrees to full y complete said wo rk by ~o,·ember I , 2000 , plus such extension or extensions of ttme as ma y be granted by the Dtrector of Public Works m accordance with the provisions of the General Conditions. ... D. Terms of Pavment: The City agrees to pay the Contractor for the performance of all the work requtred under this contract. and the Contractor agrees to accept as his full and onl y compensation wherefore, such sum or sums of money as may be proper in accordance with the pnce or pnces set fonh m the Contractor's Proposal hereto anached and made a pan hereof. the total esnmated cost thereof being Three Million two hundred twenty eight thousand sis hundred ninety nine dollars and twenty one cents (53.228.699.21). E . Appropriation ofFunds: At present, 53.228.699.21 has been appropriated for the proJect. Noiw1thstanding anythtng contained in this Agreement to the contrary, in the event no funds or insufficient funds are appropriated and budgeted by the governing body or are otherwise unavailable by any means whatsoever tn any following fiscal penod for which appropriations were received wnhou1 penalty or expense except as to those pomons on the Agreement or other amounts herein fo r which fu nds have already been appropriated or are otherwise available . The City shall immediatel y notify Concrete Works of Colorado, Inc. or its assignee of such occurrence in the event of s uch terrnmat1 on. F . Contract Bmdmg : It 1s agreed that this Contract shall be bmdmg on and insure 10 the be nefi t of the pa mes hereto . their heirs. executors. administrators , assigns . and s uccesso rs IN WIThl:SS WHEREOF . the pames have caused these presents 10 be signed personally or by 1he1r dul y autho ri zed officers or agents and their seals affixed and dul y anested the da y and year first ab o,·c wnnen . This Contract 1s executed m 5 countcrpans . c1n· OF E'.'.GLE\\'OOD Contractor by~~,--~~~~~~~~~ Party of the Second Pan b y ,--~~~~~~-~~~~ Mayor Parry of the First Pan ATTEST: ATIEST: Secretary City Clerk Approved as to forrn : City Anomey -10 · ' . ., ~ ..: .. ' ' . I • 0 ( • • 1 2 3 4 5 • • j BROADWAY WIDENING Bro PROPOSAL TAB ULA T[ON 9 MARCH 2000 10:00 a.m. Bidder / Plan Holder Base Bid Alternative Bid Bond Engineers Estimate $2,707,050.00 Concrete Works of Colo. $2,983,614.96 $245,084.25 X Technology Constuctors $3,128,402.29 $233,429.85 X Goodland Construction $3,195,979.00 $202,757.90 X KECI Colorado $3,424,635.00 $481,029.00 X • • 0 I Remarks \ I . . " - • • • • • • 0 ~ _ _/ Date March 20 , 2000 INITIATED BY COUNCIL COMMUNICATION Agenda Item 11 C ii STAFF SOURCE Subject Approval of a contract with Broadway Moving and Storage for relocation of City Hall offices and the Library to Civic Center City Manager's Office Michael Flaherty , Assistant City Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has previously approved the construction of the new Civic Center to accommodate administrat ive offices, Council and Court Chambers and the Library . During the study session of February 14 , 2000 . Council was provided general information regarding the planned move , including the selection of a moving vendor RECOMMENDED ACTION Staff recommends council approval, by motion, of authorization for th e Cily to enter int o a contract with Broadway Moving and Storage, based on the recommendation of the MO VE Committee's moving Vend or selection subcommittee. BACKGROUND The City's Purchasing Division issued Request for Proposal # 0-1 OO 's on January 17 , 2000 , for the "Civic Cent er Relocation Project". Use of a Request for Proposal rather than a standard bid was pursued because of the size and complexity of the move , as well as the time constraints for the move of the courts and administrative office . To avoid negatively impacting citizen services, we have planned the mov e to take place on Friday , June 9 through Sunday , June 11 , closing City Hall for one day only . Evaluation crite ria of the RFP were establ ished to allow for as objective review of proposals received as possible . As such , co st was not the sole determining factor in the selection process . In addition to cost , other factors to be consi dered included experience with similar sized moves within a constrained time period , library moving experie nce, ability to control costs , i.e ., avoid change order , through pre-planning efforts, prior claims history and base insurance provisions (the City Intends to secure umbrella coverage through CIRSA for any gap between coverage provided and replacement value). Six proposals were received on or before the due date of February 25 . 20 00 . The moving vendor selection subcommittee of the MOVE Committee , made-up of representatives from the City Manager's Office, Financial Services, Library , and Purchasing divisions conducted a detailed evaluati on of these proposals over a two week period and narrowed their choices to three firms : Broadway Moving and Storage, Cowboy Moving and Storage , and St . Vrain Moving and Storage. After formal presentations by each of the short-listed firms and questioning , the selection subcommittef! has unanimously recommended Broadway Moving and Storage . The recommendation is based on the following factors: • Broadway Moving and Storage has extensive experience with large and complicated moves and has the demonstrated ability to perform such moves in a constrained time perio d through their extensive pre-move planning . We conducted a reference check to confirm this. both of references provided by the vendor as well as other former clients. • Their specialty library mover, PS Installations, has extensive library moving experience on both a local and regional basis . References for PSI were unanimously excellent . • Broadway Moving and Storage provided the most comfort that their firm could perform the move within the estimated cost proposal, or less, through a well presented pre-planning phase . In fact , the majority of references contacted confirmed that Broadway had completed the move for less than their original estimate and charged only for their actual expenses. • ' ,, I • 0 • • • --· • .. ... • - .. • Broadway provided the second lowest claims ratio and their basic (no cost to the City) insurance coverage was the highest of any of the proposers . While the City will still secure umbrella coverage to cover any gap between insured value and replacement value of our furnishings and equipment . with Broadway the gap will be less. A comparison of the proposals submitted and Selection Subcommittee analysis is attached . FINANCIAL IMPACT The f inancial impact of this contract is as follows: General Fund Agencies (Administrative Departments & Library) Utilities Department Credit Union Total The amount budgeted for the move (General Fund portion) was $75 ,000 . LIST OF ATTACHMENTS Proposed contract City Request for Proposal #0-100 Notice of Publication Contractor certificate of insurance $ 75 ,442 .00 $ 5 ,000.00 S 40000 $ 80,842 .00 ' , . ., \ .. I • 0 32 I {_ • Moving Vendor Comparison Vendor Total Est. Hrs. Cost Estimate Claims Ratio Insurance Experience/Comments Broadway Moving & Storage 2225 $80,842 .00 1.43% $100,000/lruck Large move-short lime frame experience-good $200,000/occr. references, use speciality mover, PS Installations for library move-excellent reference for PSI. High level of comfort with ability to complete move within price estimate; only company that offers rebate if they perform work in less hours than estimated-has solid history/references for doing so . Best Insurance coverage of all proposers . SI. Vraln Moving & Storage 2170 $76,100 .00 0 .80% $ 65,000,,ruck Large move experience-good references $150,000/occr . Considerable library moving experience-generally i c, ... , good references, however poor reference from ": ... , ; Littleton Bemis Library Provided less comfort level with ability lo complete project within price estimate Cowboy Moving & Storage 1700 $58,075 .00 3.00% $.65/lb . Limited large move experience , minimal library experience . \ Time estimate for move is significantly lower than others ; proposal Indicates one seven hour shift I and three eight hour shifts for office move. All • • .. others indicated an around around the clock Thursday evening through Sunday afternoon . Major , • •• concern with ability to move City administrative offices within the time constraints. Balley Moving & Storage 2530 $80,222 .00 3.27% $.65/lb. Limited large move/over weekend experience; Limited library moving experience Require City to pack all cabinet contents, unlike all other proposers that use "spider cranes". This has a cost and time impact . .. Graebel Denver Movers 3680 $117 ,980 .00 Not provided $.60/lb. Proposal declined-cost estimate above budget Hill Moving & Storage 3062 $141 ,195 .00 Not provided Not provided Proposal declined-cost estimate above budget • : • ' ., 0 • • • ,. ,,,-. • • - CITY 01' BNGI.KIIOOD, COLORADO THIS CONTRACT and agreement, made and entered into this day of , 19 __ by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the "City", party of the first part, and hereinafter referred to as the "Contractor ", party of the se c o nd part. Sealed proposals were received for furnishing all labo r, supplies, equipment, materials, trucks, vans regu lar a nd specia l moving equipment and everything necessary and required f o r t:.e following : PROJECT: ENGLEWOOD CIVIC CENTE~ RELOCATION PROJECT WHEREAS, proposals pursuant to said Request for Bid have been received by the City Manager or Authorized Representative with a recommendation that a contract f or said work be awarded to the above named Contractor who was the lowest reliable a nd responsible bidder therefore, and WHEREAS, pursuant to said recommendation the Contract has been awarded to the above named Vendor by the City Manager or Author ized Representative and said Contractor is now wi-ling ar.d able to perfo rm all of sa id work in accordance with said adver tisement and his proposal. SCOPE or WORK: The Contractor agrees to a nd shall furnish all labor, tools, supp lies , equipment, materials and e verything necessary for and req ui red to do, perform and complete all the work described, drawn, se t forth, shown a nd included in said Contract Documents . Advertisement for Request for Proposal Request for Proposal Special Instructions and Conditions Special Provisions Insurance Contract (this document) TERMS or PERrORMANCE: The Contractor agrees to undertake performance of the work under this Contract within thirty days from being notified to commence work by the City Manager . the (30 ) . ' I • 0 • • • CONTRACT PAGE TWO ,. -· • • - • TERMS OF PAYMENT: The City agrees to pa y the Contractor for the performance of all the work required under this c o ntract, and the Contractor agrees to accept as his full and on l y compensati o n therefore, such sum or sums of money as may be pro per in accordance with the price or prices set forth in t h e Co ntra c t o r's Proposal hereto attached and made a part here o f. APPROPRIATION OF FUNDS: Funds have been ap;:,r o pria t e d f o r t hi s project. Notwithstanding anything conta i ned i n t hi s Ag reeme n t t o the contrary, in the event no funds or ins u ff ici e n t fu nds ar e appropriated and budgeted b y the governing b o d y o r ar e othe rwise una v ailable by any means whatsoever in a ny f o lowi ng f i s c a l per i o d for which appropriat ions were recei v ed without pena l t y o r expe nse except as to tho se p o rtions of t h e Ag::eeme n t or other a mount s herein for which funds have already been appr o priated o r a re otherwise a v ai l ab l e. The City sha ll immed i a tely n o tify or its assignee of s u ch o ccurrence i n t h e e v en t of s u ch termination. CONTRACT BINDING: It is agreed that this Co ntract sha_l be binding on and inure to the benefit of the parties hereto, their he i rs, execut o rs, administrators, assigns and successors. TERMINATION OF AWARD FOR CAUSE: If, through any ca u se, t he successfu l Lrm shall fail to fulfill in a timel y a n d pr o per manne:: its obligations or if the successfu l firm shal l v iol ate an y of the c o venants , agreements or stipulations of the award , t h e Cit y sha l l thereupon have the right t o terminate the award b y gi vi n g written notice to the successful f i rm of such terminati on and specifying the effective date of terminati on . I n t h at e v e n t , a ll f i n i shed or unfinished services, repo rts o r o t h er materia l pre pare d by the successful firm sha l l, at t h e o p tion of t h e Cit y , beco me its property, and the successful firm s h a ll be ent i tled t o recei v e just, equitable compensation f o r an y s at i sfac t o ry work c o mpleted, prepared documents or materials as f u rn i shed . TERMINATION: Either party may terminate th i s Agreement by g i ving n o tice in writing by registered mail, return receipt requested, t o the other party thirty (30 ) days prior to any inten t to cancel th i s Agreement. ') ) I • 0 • • CON TRACT PAGE THREE •· .... , ~ ,,-- • • • • .. ' Notwithstanding the above, the successfu l firm shall not be relieved of liability to the City for damage susta ined by the City by virtue of breach of the award by the success ful firm, and t he City may wit hhold any payments to the successfu l firm f o r the purpo se of se t off until such time as the exact am o unt of damages due the City from the successful firm is determined. TERMINATION OF AWARD FOR CONVENIENCE: The City may terminate the award at any time by g iving written notice to the successf ul vendor of such termination and s pecifying the effecti ve date thereof, at least thirty (30 ) da y s bef o re the ef fective date of s uch termination. In that event, a ll finishe d or unfinished se rvice s, reports, materia_(s ) prepared or furnished by the successful firm a fter the award sha ll , at the option of t h e City , bec om e its propert y . If the award is terminated b y the City as provide d herei n , the success:ul firm wi _ be p aid an y am ou nt wh ich bears the same rati on to the tota l c ompensation as the services a ctually performed or materia l f r nished bear t o the t o ta l services /materials the s uccessful f i r m cove r ed b y the award, less payments of compensat ion previ o us ly made . If the award is termi nated due to the fau l t of the s uccessfu l firm , termination of award for cause, re lative to terminat ion s hall appl y . INDEMNIFICATION : The City canno t a nd b y t hi s Agreement does not a gree to indemnify, hold harmles s, ex o nerate or ass ume the defense of the Vendor or any other pers o n o r entity whatsoever, f o r a ny p urpose wh ats o e v er. T h e Vendor s hall defend, indemnify and sa ve harmless the City, its o f fic ers, agents a nd empl oyees from a ny a nd a ll claims , demands , s uit s, actions or proceedings of an y kind or na ture whats oeve r, includ ing Worker's Compensation claims, in a ny wa y r esulting fr o m or ar i sing out of this Agreement; provided, h o we ver , that the Vendor need not indemnify or save harmless t he City, it s officers, agen t s and emp loyees from damages resul ti ng fr om the s ol e negligence of the City's officers , agents and emp loyees . Bo t h parties hereto represent that t hey have read understand it , agree to be bound by al l terms stated herein and acknowledge receipt of s igned , copy of this Agreement with respect to the s ubj e ct th i s Agreeme nt , and c o nd itions true a nd exa ct matter herein . ' . . I • 0 - • • • CONTRACT PAGE FOUR l ~· .. • .. • - IN WITNESS WHEREOF, the parties have caused these presents to be signed personally or by their duly authorized officers or agents and their seals affixed and duly attested the day and year first above written. This Contract is executed in~~ counterparts. CITY OF ENGLEWOOD By:=c---~~-------Thomas J. Burn s Ma yor Company or Co rpo ration By:..,..-:,.,...--~~-.,...------(Please Print ) By:~-----------S ignature ATTES T: (As to Corporatio n ) By: Secretary • '· . ., ) I • 0 2 ] Clllllll&lDI • • -• • ... • -... PURCHASING DIVISION 2800 S. PLATTE RIVER DRIVE ENGLEWOOD, COLORADO 80110 ... PROPOSAL REQUEST NO . 0-100 DATE: January 17 , 2 000 REQ UEST FOR PROPOSAL ENGLENOOD CIVIC CENTER RELOCATION PROJECT The City of Eng l ew ood will r ece:ve sea_ed pr o p o sals f o r s upplying "ENGLEWOOD CIVIC CENTER RELOCATI ON PROJECT" as per spec ial instructi on s and conditions no later than 0 :00 A.M. prevailing time, Febr uary 25 , 2000. Proposals will b e re ceived a t the office of the Purc!"!asing Division, 2800 S outh P latte River Drive, Englewood , Colorado 8 0 11 0 . Late proposals will not be accepted under any circumstance, and a ny proposal so received sha ll be ret urned to the proposing firm unopened. In addition, telegraph ic and /or proposal sent b y elect r onic devices ar e not accep table and wil l be re j ected upon rec eipt. P=o posing f i rms will be expected t o a llow adequate time for delivery of their propo sa ls either by a i rfreight , posta_ serv ic e, or other means. The City of Eng l ewood is exempt fr o m a ll federa l , state, a nd loc a_ taxes. GENERAL CONDITIONS : Bidders are invited t o , b ut not requ ired to, attend the bid opening. Bids rece ived later than date and hour specified will be ret urned unopened. Price will be firm for a period of at least sixty (60) days from dat e of bid opening. BIDDERS MUST SUBMIT PROPOSALS ON ATTACHED BID PROPOSAL FOmf AND SUBMIT SIX (6) COPIES FOR EVALUATION PORPOSES. Proposals will be quoted F.O.B. Englewood, Colorado. Any exception to the special instructions and conditions, general conditions, and bid proposal shall be stated as an "exception" on the bid proposal form. • ,• . ' I • 0 • • • REQUEST FOR PROPOSAL BID NO. 0-100 . ..-. • • - ENGLEWOOD CIVIC CENTER RELOCATION PROJECT PAGE TWO Bidders are asked to mark envelope "ENGLEWOOD CIVIC CENTER RELOCATI ON PROJECT" in lower left-hand corner. Bidders will be required to conform to the spec ifications . Deviations may deem the proposal unacceptable. Should a bidder find discrepancies in or omission from the bid specificat io ns /general conditions or shal l be in d oubt as to their meaning, he shal l notify the Buyer f or clarification. If the point in question is not fully se t forth, a wr itten a mendment wil be mai _ed t o all persons obtaining specifications . The City will not be bound or responsible f or any exp_anati o ns o r interpretations other than those given in writing as set f o r th in this request for bid. No oral interpretations s hall be bind ing on t he Cit y . There will be a mandatory (one time ) wal k -through of the original and new facilities on February 4, 2000 (pleas e see details in the Specia_ Instructions a nd Conditions. The Bidder shal_ be required to have sufficient property, liabilit y , and workers compens at ion insurance and to provi de the City with copies of the certificate of insurance naming the City of Englew ood as additiona l insured . The suc ces sful Bidder will not discriminate a ga.:.nst any empl oyee o r app licant for employment because of race, color, religion, s ex , age or national origin a nd will comply with the Americans with Disabilu::ies Act . The successful Bidder sha ll a dhere to acceptable a:f irmative acti on guidelines in se lecting employees and sha l l ensure that employees are treated during employment, without regard to their race, color , religion, sex, age or national origin. Sue~ action sha ll include, but not be limited to, t he following: employment, upgrading, demotion , or transfer, recruitmr::!nt or rec ruitment advertising; layoff or termination , rates of pay or other forms or compensation ; and se lection for training, including apprenticesh ip . The City of Englewood shall have the right to re ject any or a ll b id s, a nd t o waive any informalities or irregularities therein a nd request new pr oposals when required. In addition, the City res erves the right to acc ept the proposal deemed most advantage ous to the best interest of the City . The option of selecting a partial or comp lete bid shall be a t t he d iscretion of the City of Englewood . I • 0 - • • • REQUEST FOR PROPOSAL BID NO. 0-100 I·> . ~· .-..,,.,--- • • - ENGLEWOOD CIVIC CENTER RELOCATION PROJECT PAGE THREE ... Any award made in response to this Request for Bid will be made to that responsible bidder whose offer technically will be most advantageous to the City --price, delivery, estimated cost of transportation, and other factors considered. The City of Englewood is an environmentally conscious City. Vendors supplying products made from recycled materials and environmenta lly sound packaging will be given preference when all other evaluation criteria is deemed equal. Bidders shall contact Mike Flaherty, Assistant City Manager, telepho ne (303 ) 762-2314 on any technical questions. Bidders shall contact Betty Goosman, Buyer III, Procurement Divisio n , telephone (303) 762-2392 on any questions re l ating t o the Request for Bid and Minimum Specifications. CITY OF ENGLEWOOD Betty Goosman Buyer III ) I • 0 - • • -• ,. ,,-. • ... • -' SPECIAL INSTRUCTIONS AND CONDITIONS General Information: Current Location: City Hall. 3400 S. Elati St. -Approximately 60 ,000 Sq. Ft ., that houses approximately 180 employees and includes City administrative offices, a Print Shop, Council/Court Chambers, the Employees Credit Union and a 105 ,000 volume Library . The building is predominately (approximately 50,000 Sq . Ft.) one story. It has one (I) 2nd floor office wing of approximately 6000 Sq. Ft. and storage attics of approximately 6000 Sq . Ft. Access is available on three sides of the building with one loading dock on the south side. The building has no elevator. New Location: Civic Center. 1000 Englewood Parkway -located approximately 1500 Ft . west of the current location . Approximately 140.000 Sq . Ft. on three stories of about equal dimensions. • First floor will consist of the Library. Prim Shop and common storage area. subdivided into secured areas . • Second floor will consist of separate :vtunicipal Court and Council Chambers. a community room and independent cultural organizations (the relocation of the cultural organizations is not included in this proposal ). • Third floor will consist of administrative offices. Truck access is available to the first floor via a two bay loading dock and two large lobby entries on opposite sides of the building, each with double doors . Truck access is not available via the second level of the parking deck due to weight restrictions . One large freight elevator with the capacity of6000 lbs . and two passenger elevators with load capacities of 3000 lbs . each are available for use . Contents to be moved: • All current furniture (some of which may require disassembly and re-assembly) • General office equipment • Desk top computers • Kitchen/break room equipment (refrigerators, coffee makers, microwave ovens) • Files and records • Stored material/files (all files and small items will be boxed by employees) • Contents of individual desks and offices (boxed by employees) • Library materials (data equipment, books, tapes, etc .) • Wall hung pictures, bulletin boards , brochure racks. and other wall-hung items are to be moved by the relocation vendor, however, others will re-hang all such items . • I • 0 • j • • • - SPECIAL INSTRUCTIONS AND CONDITIONS PAGE TWO The following will be moved by others: • Reprographic equipment (cameras and copiers) • Printing press • Security cameras • Computer server equipment (in data room) • Library exit security system • Traffic control systems • New furniture being delivered to Civic Center • Vending machines .. The City has established a tentative schedule for the move. based on a construction completion date of June 9. 2000 . The initial packing for the move of the Library may begin immediately following the removal of the lighting fixtures , assumed to be completed by Monday. June 5. 2000. Construction lighting will be provided in the library for packing and load-out . Initial packing for the move of the administrative offices may begin following 3 :00 p .m. on Thursday, June 8. 2000 . By the morning of Friday , June 9 , 2000. the Civic Center building will be available to receive trucks. It is our desire to have administrative offices available to staff and the public on Monday morning. June 12. 2000. The priority for having the administrative offices operational on June 12. 2000 is as follows : I . Municipal Courts 2 . Building and Safety Services Division 3 . City Manager's Office 4 . Utilities Department 5 . Revenue Division 6 . Human Resources 7 . City Attorney 's Office 8 . All remaining departments/divisions The completion of the Library move may take place over the remainder of the week of June 12-16, 2000, with a desired re-opening of Monday , June 19 , 2000 . Minimal disruption to City operations during the move is essential. The City will consider alternate approaches that may be suggested by the relocation vendor and the relocation vendor is expected assist the City in arriving at a plan that is realistic . efficient and has minimal impact of citizen services. • ., I • 0 J • • • ~ ,,-. • .. • - SPECIAL INSTRUCTIONS AND CONDITIONS PAGE THREE .. ' To respond appropriately to this Request for Bid, you are required to provide responses to the following issues, specifically in the following order: I . General Company History . 2. Describe what makes your firm uniquely qualified to direct the City of Englewood relocation . 3. Introduce us to the specific team that will manage the City of Englewood move and their comparable personal experience. 4. Describe your experience with relocations that involve more than 100.000 Sq. Ft. and approximately 200 people over the last five years . 5. Provide us with five most recent references from clients at least three of which must be in this size range . Particular attention will be paid to references from other government/municipality projects and library relocation projects. 6 . Provide the City a complete listing of all available trucks , vans. regular and special moving equipment . 7. Outline the pre-move , move and post-move activities that will be directed by your personnel. 8. Provide the City with a sample of your Move Procedures or Packing Instructions . 9 . Summarize what activities during the move will be the responsibility of City of Englewood personnel. 10 . The City will require the successful vendor to participate in the City 's Move Committee meetings . Describe how your company will best assist our move committee . (City's Move Committee will meet semi-monthly prior to the move . Meetings will not exceed to hours.) 11 . Provide us with a review of your insurance/claims history for 1995 , 1996, 1997, 1998 and 1999 . 12 . Include your standard terms and conditions . 13 . Other information that you deem important to us in making a decision determining our move vendor . ' ~ ' .. I • 0 • • .. ,, • • - SPECIAL INSTRUCTIONS AND CONDITIONS PAGE FOUR To assist you in developing your proposal, we have included the following items: • Floor plans for the proposed lay-outs, with furniture placements. in the Englewood Civic Center building • Floor plans of the existing lay-outs at the Englewood City Hall • Street access to new building for the move Your proposal will be evaluated based on past experience in handling similar projects, proposed services. schedule of fees and references. Professionalism. experience and reliability will be primary factors in our selection. However, a responsive cost proposal is equally required . Follow this specific format for vou cost proposal and provide any clarifications on an adjacent page : I. 2. 3. 4 . 5. 6. 7. 8. 9 . 10 . 11. 12 . 13 . 14 . 15 . 16 . 17 . 18 . 19 . 20 . 21. 22 . Fee Proposal. Total number of personnel hours anticipated. Regular time hourly rates Move crew, drivers and supervisors. Overtime hourly rates for Move crew, drivers and supervisors. Average labor hours per person for the Move. Number of truck drivers hours assumed. Number of supervisor hours assumed . Number of crews at origin and destination . Number of persons per crew supervisor. Number and size of trailers to be used . Number and size of vans to be used . Number of hours assumed for Move coordination meetings . Number of hours for protection/preparation . Quantity of boxes and packing material included in your proposal. Unit costs for additional materials, including boxes. sealing tape. shrink-wrap. bubble wrap and labels . Please include any additional materials not listed. Costs of a fine-tuning crew. State the anticipated size of the crew and time required for fine-tuning . Rebate costs for unused boxes and packing materials. Rebate costs for used boxes that are returned. Other cost items that we should consider. Clean as required. including the removal of all empty boxes and packing material from the site. Provide costs separately for the Credit Union, which as an area of 440 Sq. Ft. and includes a small (2 'x2 'x2 ') floor mounted safe . Provide costs separately for the Utilities department, which has an area of 4220 Sq. Ft. and includes multiple Map/plan flat files . • ) I • 0 -- • • ~ -• I• • • SPECIAL INSTRUCTIONS AND CONDITIONS PAGE FIVE .. .. There will be a mandatory (one time) walk-through of the original and new facilities. We will begin at the original facility Englewood City Hall, 3400 S . Elati St. at 1 :00 PM on February 4, 2000 in the Perrin Conference Room. The group will then do a walk- through of the new Civic Center facility . After the walk-through questions about the RFP will be answered. No other arrangements will be made for this or any other site visit. To obtain the appropriate level of resources and expertise for this project, joint venture proposals will be considered. Your proposal is due at 10:00 AM on February 25, 2000. Please provide six (6) copies of your proposal addressed to and delivered as per the instructions in the RFP on page one (1 ). Proposals must be in accordance with the requirements set forth in the RFP . Please read this carefully. Failure to meet the specific requirements of the RFP or its late receipt at the City of Englewood will be grounds for returning your Proposal unopened without consideration. The City of Englewood will review the proposals and may contact your firm to set up an interview/presentation to be held during the week of March 6, 2000. Please contact the appropriate persoMel given in the RFP concerning this request. Our final selection will be contingent upon successful negotiations of business terms and conditions as well as the cost proposal . As stated in the RFP , we are not obligated to select any of the respondents should our requirements or project situation change. Any proposals received will not be returned . • . ,. ., .. • j • I· 0 xi ] • • • ,-. • ... • - SPECIAL PROVISIONS INSURANCE A. Insurance Limits: The Contractor shall carry throughout the life of the contract the insurance listed below: Under Se ction B Pub lic Liability Property Damage Under Sect:..on C Publi c Liability Pr o perty Dama ge Minimum Limits $5,000 ,000 $3,000 ,000 Minimum Limits $5,0 00 ,000 $3,000 ,000 B. Public Liability and Property Damage Insurance: The Co ntract o r sha ll maintain d u r ing the life of t his contract, Pu bl ic Liability a nd Property Dam ag e Insurar.ce acceptab l e to the City, covering the wo r k contracted a nd a_l operat ion s in c onnect ion herew ith , a nd whene v er a ny of the work c overed in the Co ntract i s to be sub let , Contract o r's Contingent or Pro tec tive Liability and Pr operty Damage Insurance. S uch insurance sha ll prov i de limits n ot less t han those ca led for in t h ese Specia l Pr ovi si ons . C . Aut o motive Liabi l ity and Pr o perty Damage Ins urance: Whenever the wo rk covered by the Contract sha ll involve t he use of automotive equ i pment, the Co ntractor sha ll ma intain during the life of the contract, Automotive Public Liability and Property Damage Insurance. Th i s ins u rance sha ll provide limits not less than tho se ca lled for i n these Spe cial Pro visions to protect the Contractor f rom a ny a nd a ll claims arising from the use of t h e foll o wing in the exe cution of the work included in the contract: (1) Contractor's own aut omo b ile a nd trucks . (2) Hired automobiles a nd trucks. (3) Automobiles and trucks n ot owned by the Contractor. Such insurance sha ll cover the use of a utomobiles and trucks both on and off the site of the project . • I • 0 J • • -• CITY OF ENGLEWOOD SPECIAL PROVISIONS PAGE 2 '. .. D. Workers Compensation: ~ -·· • • -" The Contractor and his sub-contractors shall comply with the Workers Compensation Act of Colorado and shal l provide compensation insurance to protect the City from and against any and all Workers Compensation claims arising from performance of the wor k under the contracr.. Wo rkers Compensation insurance to cover obliga tions imposed by app licable laws for any employee engagEid in the perf o rman ce of work under this contract, and Employers' L~abi_ir.1 insurance with minimum limits of FIVE HUNDRE THOUSAND DOLLARS ($500,000 ) each accident, FI VE HUNDRED T~O USA~u DOLLARS (SS 00 ,0 00 ) disease -p o licy limit, and F IVE HUNDRED THOUSAND DOLLARS ($500 ,000 ) disease -ea ch emp loyee . E. Liability: The Conr.ractor s h all indemnify and save ha.:-m_ess the City aga inst any and all damages t o property or inju.:-ies t o or death to any person or persons, includi~g pro perty and emp loyees or agents of the City, and shall defend, indemnify and save harmless the City from any and a ll cla ims , demands, suits, actions, or proceedings of a ny kind, or nature, including Workmen's Compensa~ion c l aims, of or by a ny wh o msoever, in any way resulting fr o m or ar i si ng out of the operation in connection herewith, including operations of subcontractors and acts or omissions of emp loyees or a gents of the Contractor or his s ub -contractors. I~sura nce coverage spe cified herein and in the Special Cond itions constitutes the minimum requirements and sa id requirements shall in no way lessen or limit the l i ability of the Cont.:-act o r under the terms of the Contract. The Co ntracr.o r s hall procure and maintain, at his own cost and expense, any addit iona _ kinds a nd amounts of insurance that, in his ow n judgment, ma y be necessary for his proper protection in t he pr o secur.ion of the work. All Certificates of Insurance naming the City of Eng l ewood as additional insured shall be provided to the City prior t o the undertaking of any work and prior t o a Purchase Order being issued. The completed Certifi c ate of Insurance shall be sent to: Purchasing Division City of Englewood 2800 So. Platte River Dr. Englewood, CO 80110 • . ., .. . I • 0 ] • • p -· • ''•\, ~ ·~ • -~ ACORD. CERTIFICATE OF LIABILITY INSURANCij~&:,~1 CA ;"!. (MMt CO#YY) 08/26/99 PROOUCER THIS CERTIFICATE IS ISSUED AS A MA TIER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE Lockton Companies of Colorado HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR t 'O Charry Creek Or . s .' 1400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW . ,ar CO 80246-1532 COMPANIES AFFORDING COVERAGE COM,AHY 303-753-2000 ....... 303·753-2099 A Pttone No. AMERICAN Ai.J°TCMOBILE INS . co. INSURED ! c:o,w...., B Fi:eaan's Fund Ins . Companies c:o,w...., Broadway Moving, Storage Co. C Colorado Compensation Ins . 11090 E . 51st St. Ml c:ooo,...., Denver, co 80239-2512 D COVERAGES TMS IS TO CERTIFY THA r TMI ,OUCIU 0, NIUlt.ANCI UST8) 91LOW HAY!: NP tSSUID TO ntE INSUIIIQ NAMED Aeovt FOIi T1'1E POLICY ""'°o INOICA no. NOT'MTHSTANOING Alff fllQUIIIEMINT, ,..,. OR CONDl1'10N O* NIY CONT'ltACT Otll OTHEt OOCUIIINT WITH RES,!C':' TO WHICH THIS CEATI'1CAT'I IIAY R lSIUIO OIi UY NltTUI. nte INSUIIIANCI AffOMleD rt THI f'OUCIIS ouaNIEO HP11N IS SUI.JEC':' TO ALL '1'1-eE T'!.11.IIIS. UCLUSIONS ANO CC,0,-S 0, SUCH-._ UIIITI -IIAY HAW BUN lleDUCEI rt ~AID CU.S. CO I TY~! 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Tllt Citw~l'lt rl#l !'o .... ilG ....... -ll'Cl.ll'ft lf'lo- !'lrffll!illnNrl!II I ONffllOIO• il'l lfllllf J'Waf. • --·--·rftl--......,a • .-a rlfflt. 1 ) I • 0 2 • • 1. 2 . 3 . 4 . .,o-1 Call to order . Invocation. ltrz/rl .. ,. ~-. • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY. MARCH 20, 2000 7 :30 P .M. Pledge of Allegiance . Y o--»1 Roll Call . ~':.:. ·• jt•:'"""' from th, R,g,I" C,fy Co,ocH m,otiag ol Mo ,ch 6 . 2000. ~ ~: Mia,t,s from fu, S,,,d•I C,fy C°"""' m,obag ot Mo,ch t 3 . 2000 . ~ched,led Visito~. f Pim, limll '°"' P""""'°" to "" mm,tos ) -yup 'i,OVa . Dr . Roscoe Davidson will be present to accept a proclamation honoring his recently . received National Distinguished Service Award . ("7)0,) b. The Englewood High School Cheerleaders will be present to accept a proclamation ~ honoring their win at the State Co-ed Cheerleading Championship . 1~ ('3 i/c. Englewood Parks and Recreation Department staff will introduce the Parks and i/d. Recreation Youth Advisory Council to City Council. C, ~ Bill Clayton from the Greater Englewood Chamber of Commerce will be present to address City Council regarding the City 's proposed c reative sign code . ~ 7 . No1::uc::::::J::t~ li~,J~t~ minutes .) 8. Communications , Proclamations, and Appointments . a. t/ Proclamation honoring Dr . Roscoe Davidson for receiving a National Distinguished Service Award . . V Proclamation honoring the Englewood High School Cheerleaders for winning the State Co-ed Cheerleading Championship . ff)~ . vProclamation honoring the Parks and Recreation Aquatic Staff for winning the 19;9 -0 Silver Aquatic Safety Award . . -1 0 PleaM note: If you have a dlMbillty and need auxiliary aids or services, pl .... notify the City of Englewood (303-762-2405) at least 48 hours In advance of when services are needed. Thank you . • • .. • I I • 0 • • .. • • ' . ,. .. • - Englewood City Council Agenda March 20, 2000 Page2 ~,9. ~~© ~-0 10 . Public Hearing. a . A Public Hearing to gather public input on Council Bill No . 9 . amending the Englewood Municipal Code to reflect the name change of Engl ewoo d's Clean , Green and Proud Commission to Keep Englewood Beautiful. ../(~ ~ Consent Agenda. a . Approval of Ordinances on First Reading. ii. iii. iv . COUNCIL BILL NO. 12 -Recommendation from the Departments of Public Works and Parks and Recreation to adopt a bill for an o rdinance authorizing the sharing of equipment between the City of Englewood and other governmental agencies . STAFF SOURCE: Ken Ross, Director of Public Works. COUNCIL BILL NO. 16 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance authorizin g an Intergovernmental Agreement with the State of Colorado for purch asi ng software from existing State software contracts . STAFF SOURCE: Frank Grygiewicz, Director of Financial Services. COUNCIL BILL NO . 23 -Recommendation from the Utilities Depa rtment and the Littleton/Englewood Wastewater Treatment Plant to adopt a bil l for an ordinance approving an Intergovernmental Agreement fo r Joint Funding between the City of Englewood and the U .S . Geological Survey for two Gauging Stations . STAFF SOURCE: st-art H. Fonda, Director of Utilities. COUNCIL BILL NO. 27 -Recommendation from the Department of Public Works to adopt a bill for an ordinance approving the vacation of water and sewer easements at CityCenter Englewood . STAFF SOURCE: Rick Kahm, Capital Projects Manager/Director, Englewood Environmental Foundation. v . COUNCIL BILL NO. 28 -Recommendation f rom the Departm en t of Publ ic Works to adopt a bill for an ordinance approving an amendment to Title 8-5 of the Englewood Municipal Code pertaining to mo vi ng of structures . STAFF SOURCE: Ken Roaa , Director of Public Works. b . Approval of Ordinances on Second Reading . "'' I/ i. Council Bill No . 13 , approving a Sanitary Sewe r Easement and Emergency Easement for Duggan Petroleum . tJJ·" ,~ ii . Council Bill No . 14 , approving an Intergovernmental Agreement with Arapahoe County for the purpose of exchanging geograph ic data . c . Resolutions and Motions. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion, the purchase of an Ion Chromatograph . Staff recommends awarding the bid to the lowest technically acceptable bidder, Lachat Instruments . in the amount of $35 ,010.00 . STAFF SOURCE: Stewart H. Fonda, Utilitles Director. ... Please note: If you have a disability and need auxiliary aids or services, pl .... notify the City of Englewood (303-762-2405) at least 48 hours In advance of when services are needed. Thank you . • ... I • 0 - • • ·• ,. _.,.. . • l ~ •• • -... . nglewood City Council Agenda March 20 , 2000 Page 3 ii . Recommendation from the Department of Publi c Works to approve . by motion, an amendment to the design contract for South Bro adway Improv emen ts. STAFF SOURCE : Ken Ross . Director of Public Works . 11 . Regular Agenda . Q ./ ~ a. Approval of Ordinances on Fir st Reading . ~-~ i. COUNCIL BILL NO. 18-Recommendation from the Department of Safety I'" I O Services , Building Divisio n . to adopt a bill for an ~e amending Title 8-2 A of /)' the Englewood Mun icipa l Co de (Buildin~ywith the State of Colorado 's standards . STAFF SOURC~. Chief Building Official. ~ ji r ~ /),-0 ii . iii. ~"-'-'--'.,,,..~~partm en t of Salety inance amendi ng Title 8-2C of C...rl?<"...,...,.;:,,.~ iv . COUNCIL BILL NO . 20 -Recommendation e Departm ent of Safety Services , Build ing Division , to adopt a bill for an ord1 nee ame nding T itle 8-2D ol the Englewood Municipal Code (Elect rical Code . co ly wit h the State of Colorado 's standards . STAFF SOU CE : Lance Smith, hief Building Official. V. COUNCIL BILL NO. 21 · Re commendation ro m the Departm en t of Safety Services , Building Di visio n , to ad opt · or a ord inance amending Title 8-2E of the Englewood Munic ipal Code F ) co mply with th e State of Colorado 's standards . STAFF SOUR ance Smith hief Building Official. vi . COUNCIL BILL NO. 22 -Rec nd at1 on fro r he Department of Safety Services , Building Div ision . to adopt a bill fo r an ordinance amen ding Title 8-2F of the Englewood Munic ipal Code (Abat emen t of Dan ge rous Bu ildi ng~Code) comply with the State of Colorad o's standards . STAFF SOURCE : L e Smith , Chief Building Official. _ ---vii. _..-viii. ix . COUNCIL BILL NO. 25 -Recommen datron fro m he Department of Safety Services . Building · · · n . to adopt a bill for a n ordinan ce amendi ng Title 8-1 of the Englewo · al ode so that it is app ropri ately num be red . STAFF SOUR : Lance Smith hief Building Official. COUNCIL BILL NO. 26 · Recommendation from the Department of Safety Serv ices . Building Divis ion , to adopt a bill for an ordinance amending 1 the Englewood Municipal Code so that it con fo rms to the State of Coler.mcrs-most recent health standards tor swimming pools . STAFF SOURCE : ance Smit Chief Building Official. COUNCIL BILL NO. 24 -Recommendation from the Department of Public Works to adopt a bill for an ordinance approving Am end ment #2 to the Intergovernmental Agreement with the Colorado Department of Transpo · or struction of Broadway Widening and Medians . STAFF SOU RC : Ken Ross, irector of Public Works and Rick Kahm, Capital Projects ManaQBJ~- PleaM note: If you have a disability and need auxiliary aids or services , please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed . Thank you . • • ~ ... I • 0 • • .. ~ -· • ) . ' • -' ~ Englewood City Council Agenda March 20, 2000 Page 4 b . Approval of Ordinances on Second Reading . ,fJ' c . Resolutions and Motions . i. 1 ~-1 ~ ~ .. II. Re commendation from the Department of Publi c Works to approve . by motion , a contract for construc tion of South Broadway Improve ments . Staff recommends awarding the bid to the low bidder, C o rks of Colorado , in the amoun t of $3 ,228 ,699 .21. STAFF SOURC en Ross . irector of Public Works . Recommendation from the City Manager's Offi ce to approve . by motion, a contract for relocation to the new Civic Center . Staff recommends awarding the contract to ·ng and Storage in th e amount of $80 ,842 .00 . STAFF SOURC . M e Flaherty Assistant City Manager. 12 . Gen e ral Dis cussion . a . Mayor's Cho ice . i. Drawing for "Dinner and Dialogu e with Coun cil." b . Council Members ' Choice . 13. City Manager's Report . a . CityCenter Englewood Update . 14 . CiO Attom,'7 A~t. q/b The following minutes were transmitted to City Council between Febr ua ry 18 , 2000 and March 16 . 2000 : Engle=od Police Pension Board meeting of April 22, 1999 Engle\'JOod Police Pension Board meeting of June 22. 1999 Engle\'JOod Board of Adjustment and Appeals meeting of January 12 , 2000 Engle\'JOod Cultural Arts Commission meeting of Feb ruary 2 . 2000 . Engle\'JOod Liquor Licensing Authority meeting of February 2 . 200 0 • Engle\'JOod Clean . Green and Proud Commission meeting of Feb ruary 8 , 2000 Engle\'JOod Planning and Zoning Commission meeting of February 8, 2000 Engle\'JOod Public Library Board meeting of February 8 , 2000 Engle\'JOod Parks and Recreation Commission meeting of Februa ry 10 , 2000 • Engle\'JOod Liquor Licensing Authority Telephone Poll of Febru ary 16, 2000 Please note: If you have a disability and need auxiliary aids or services , pl .... notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Thank you . • • ' "' I • 0 0 0 • 7tto B12J\Y Gu~ -~ ~ -m°I ---.J--- ~o ~- ) • • I· -• •