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Home My WebLink About1999-11-15 (Regular) Meeting Agenda-~. ··~:. November 15, 1999 Regular City Council Meeting • • • .. ,. .. .. . ... ' ... 0 - ~ --• "!'.· .. . ,,. • -.. REGULAR MEETING OF CI TY CO CI L NOVEMBER 15, 1999 ORDINANCE II~~ 6-'{, ,rl, {6, ~ yl. 6y'~ RESOLUTION #~J"'9,l00,101,102,103,10~,105,1 06 • .. • • ' .. 0 0 '' '• 0 I . 0 32.x • • • 1. C.UteO'*" • -· • ' . .. • -' ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO N-ber 1S, 19'9 .. ... 1)e regular meeciDg oftbc Englewood City Council -called to order by Mayor Bums at 7 :35 p.m 2. lavecadoa The UMICllbOII -given by Council Member Nabbolz. 3. Pledae t!I A1lepuce The Plcdgic of Allegiance was led by Mayor Bums. 4. IIIIIIIC.U Present: Council Mcmbcn Nabbolz, Gnzulis, Garmt. Bradshaw. Habeni cht. Waggoner, Burns Absent : Nooe A quorum -prelCIIL 5 . Mhluta Abo pram: City Mlllqcr San City Adomey BIOlmllD City Ciak Ellil M1IDicipal JudF Atellcio Plaming Amlylt Dwiemiller, Neigbbomood 111d Business DevdopmClll NmH!mawmcY ReliJaDeat Board Cbainnan Kabm Dumar Blac:t, l'lrb ... Rcaalioa (a) and (b) COUNCll. MDmER allADSIIAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES O• 'IU REGUIAll CITY COUNCll. MEETING OF NOVEMBER t, 1999 AND THE sncIAL CITY COUNCIL MEETING OF NOVEMBER 8, 1999. Motion carried . Ayes : Council Membcn Nabbolz, Gam:u, Bradshaw, Habenicht, Waggoner, Grazulis, Burns Nays : Nooe 6. Scllleduled Vlllton There were DO scbcdulcd visitors . 7. NOll-ldleduled Vlllton There were DO noo-lChcdulcd visiton. .. '• I· 0 - • • • En"ewood City c-11 November 15, 1999 Pagel ,~ "i. .,,.-. • • - 8. co-••icatioe1, Proclaaatioll1 and Appointments (a) A proclamation honoring Mrs. Shirley Wilson on the occasion of her retirement from Bishop Elcmemary School WU considcnd. The City Clerk was asked to read the proclamation in full. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING MRS. SHIRLEY WU.SON ON THE OCCASION OF HER RETIREMENT FROM BISHOP ELEMENTARY SCHOOL Ayes : Council Mcmben Nabbolz, Gam:tt, Bradshaw, Habenicht. Waggoner, Grazulis. Bums Nays : None Motion carried. Mayor Bums, on bcbalf m Council, thanked Mrs. Wilson for her long-slanding service to the Englewood Schools and ..-.cd her with the proclamation . Mn. Wilson thamcd Council for the proclamation . She noted she feels a linlc bit overwhelmed. as she fccls the honor has really been hers, to work with the Englewood Public Schools . Mayor Bums asked that everyone give her a warm round of applause . (b) and (h) Mayor Bums presented plaques to departing Council Members Al ex Habc na ch1 and Kells Waggoner in appreciation mthcir service as mcmbcn m Council . Mayor Bums advised we bm: two mcmben m Council reciriag tollipt after a rumbc:r of ycan of se rvice to the community. He DOCcd this is the finl time that tam limiU bm: bad m cffCCI on lervia: on the Cny Council. We arc now allowed two taa. rl four yean CKh, he aid. Mayor Bums said he would like to begin with Alex Habcaichl He IWcd Ms. Habenicht has se rved on th e Cultural Arts Commission, the Wlla 111d Sewer Board. the Colorado Municipal League Pol icy Comm incc . the Denver Regional Council m GovcrDIIICIIIS Board m Directors, the Swedish Task Force . the Tri -Ci ties Planning Commislion and the Public Libnly Board during her twelve ycan of service on the Englewood City Council. Mayor Bums noted he has often said about Ms . Habenicht, if there is anyone in this Ci 1y who loves Englewood, it is Alex Habcniclt. She has done more things for this City . he said, she has worked on the parade, on a lot of thinp that really mean IIOIIICthing to the people who li ve here , on a ve ry personal basis. Mayor Bums IUttd she bas given her heart and soul to this community . He said he wani cd to read from the plaque . MPrcscnted to Alcxandnl Habenicht in n,cognition of her distinguished leadcnhip and contribution to the community, as Council Member· January I, 1988 to November IS , 1999 and Mayor Pro-Tcm • January 8, 1990 to November 18, 1991 and November 13, 1993 to November IS , 1999." Mayor Bums praented the plaque to Ms. Habenicht and offered his congratulations. He noted she will be sorel y missed and that she has done a wonderful job. Council Member Habenicht said that for tllOle who know her, they know that she is a woman of many words and she was DOI going to diSllpllC)im them tonight. She commented that she has rcaU y been giving some tbougbt to this and she did write out some comments, bcc:ausc this has been a very meaningful time for her and she would like the comments mered into the n,cord . Council Member Habenicht read the following Slatcmcnt: "When I took office for the first time twelve ycan ago , I purcbascd two books : Robert 's Rules of Order an.1 Macbicvclli 's The Prince. One dilCIISmt procedure and the other dilCUSSCd power. Since I was • I • 0 • • -. -----------------------~,.,---------------------------------· Englewood City Couacll November 15, 1999 Pqe3 I • . --. • • - elected At-Large ralher than in a Diltrict, I decided to foais my service in the areas of intergovernmental relations and govcmancc. I soon reali7.ed that my vote counts, but only one«vcnth. Tbal games arc played and that effectiveness can be temponri1y compromised by refilsillg to play games. Early on I made the decision to cast my vote based on bow this action would effect Englewood citizcm _. and bow it would effect my children twenty or thirty years from _. if they were adult citizcm of Enpwood. In other words. I tried always to project issues into the future, and based my politioo on bow decisions would best serve the future . The quality oftbc future that I IIIOll nnled to UIUl'C was, if I am noe on the Englewood City Council , how docs this decision best affect me and my ability to cxercilc and maintain my rights. powers and indcpcndcncc as an individual citizen. And the quality of life for all citi7.Cns in the future should be as good or better than it is now . I came into office skeptical of bureaucracy. Maintaining a bcalthy skepticism has served me well in office . I have also learned that the ovcrwbclming majority of individuals who work in the public sector ; more specifically the ovcrwbclming majority of people who wort for the govcmmcnt arc honest. compassionate . practical, patriotic, and loyal to the service of citi7.Cns and I also discovered that the majority of individuals who work in the privale sector arc honest, compassionate, practical. patriotic and loyal to their own profit margin. I leave office much IIICR lnlllfil! of govcrnmcm bureaucracy and much more distrustful of private sector burcaucracics. My best advisors have always been the citizens that I rcprcscnt. When I was a child, my mother taught me about advisors and advice . It is wilC to .t and listen to advice from many sources; then it is important to make decisions baled on your own bell judgement. I have been advised on many issues . Some of my most tnllled advisors havc often disagreed on i-. many al them arc bcrc tonight This is the quandary of lcalcnbip. For DIC decisions took awbilc in coming, but OIICIC made I have been confident in them because I have IOUgM and COlllidmd the advice of many and I have projected the effect of decisions into the future . best ICIViq the fulurc baled on a pbiloloplly that honors a govcmmcnt on. for and by the peoplc--lifc, libcr1y and the purul al......-. In the car, on the way to each Council meeting, I havc prayed. This is my prayer: Lord, please guide me in all that I say and do in aervice to Englewood. Guide my mouth, my mind, my expression. Help me Lord to be an inllrumcnt al your will. If you would have DIC be foolish, then let me be foolish. if you would have me be MIC, then let DIC be MIC . But let my actions belp accomplish your will, however you will . Amen . I am proud al my service to this community . I count, among my contributions to Englewood, the Tri-Cities effon to improve the Santa Fe Corridor, the emphasis on improving the South Broadway Corridor, fully engaging in metro wide issues as full participants in the Denver Regional Cowicil of Governments. the Colorado Municipal League and the Natiooal League of Cities, enhancing love of country, love of community and love of people through empowering lllCR women in political roles through the organization Colorado Women in Municipal GoYenuneot. Issues I have led arc keeping Police and F°ll'C dispatch in Englewood, limiting the proliferation of pawn shops, coovcning municipal leaden in the metro area to build cooperalive suppon to address light rail in the Soutbwat Corridor and odlcr lnlDlpOl'latioo issues in odlcr cities, preventing increased tolerance for so called adult h11in rm in our B-1 and B-2 hilillCII dillric:ta and maincaining and providing more rccrcalional and cultural progn11111 for cilizml and youth and Cllablisbing a Cultural Ans Commission . Citimll pul all thcsc ideas into my bead. Staff members made it poaiblc for Council to address these issues objectively and Council memben brought c::olJClctivc wisdom to l'CIOlving these issues. Wow . The system worts when you wort with the system . • I • 0 • • . -. Ea&lewtNNI City C-11 No-lier 15, 1999 ..... .,.-. • • - To all the citizens, lilafr and Council membcn I want to lhank you for helping be a part of this . I would like to name some people specifically. I know it is dangerous to make a list. because sometimes you leave 101DCODC out or you overlook IOIDCODC . It is like that four-leaf clover. But I am going to talce this oppor1UDity to just name 10111C mmes became it is important to me . Finl thole whole memories I wish to honor: Gus Gueron, Wall Tomooka, Packy Romans, Linda Allen, Anne Slreet, Vidor Nil-. Vero Mina, Jim Taylor, Shorty Rcsley, John and Shirley Mullen, Marj KcnwilI and Clllrlie Grimm. Former City employees that I have wortcd with: Kells Waggoner, Sharon Winkle, Adeline Czamey, Linda Martin, Pam Pepper, Jacque Wedding-8aJU, Chuck Reid, Randie Bartblomc, Chuck Esterly , Lee Merkel , Dana Glazier, Pat Crow, Marpn:I Freeman, Al Stanley, Sally Heckers, Dorothy Dalquist. Sarah Spaulding . 'Ibam you abo to the mcmben of Englewood's Boards and Commissions and a special thank you thanks, recognition. admiration and respect to the following individuals who have been my mentors, my helpers , my impiralioas and my taskmulen. Some or them arc sitting right here at this table and they know who they arc . Ciccqe Allen, Mary Dounay, Jeanie McWilliams, Mary Castle. Tooy Apodaca, Bill Brobst, Janet Spmgmberg. Dori Nuarmus, Ama Marie Krmcr, Amcmarie Leonard. Cheryl Shoop, Sheryl Webber. Bill Naylor, Calberinc Filcbbacb, Km ~ Linda Cohn, Tom Gcrlick, John Gerlick, Jess Gerardi , Roacmary LaPorta, Bob Powell, Gcny Gartner, Tim Ausfahl, Roscoe Davidson, Jane Hansberry, Gulley Stanford, Ken Bueche, Sam Mamet, Lorraine Anderson, Marpn:I CUpcotcr, Tom Blickensderfcr, Brian Vogt. 1brcc City Managers who in my mind llaDd out as models for the profession : Acting City Manager Pete Vargas. Acting City Manager Stu Fonda and City Manager Gary Scars. I am very proud and impraacd with all of our department beads, past and cunenl However, for length of service and involvemcnl in m¥Jr ~ lhll I have been involved with, I must single out Jenell Black and Bob Simplon. Both tbelC ,catlcmal arc model• or imcgrity, courage, vision and commitment to cxcellcnc:c, cicizcm and their saofalioal. Special kudos and tbakl allO to Rick Kum, Dfte Lee, Art Scibclli, Mark Graham, Dorodly Romans, Paulc:aa Puncerdli, Cadly 8unaF, Can,lyn Lidlncr, Bob MooR, Gary Condreay, Mike Swan, Nancy Fritz, Lou Ellis, Gary Hultberg. Pal Jurpns. Our City Attomey Dan Brotzman and everyone in his office . Alm, David Hill, Joe Tom Wood, Maltin Semple. No Council member can eerve Ill)' lcnglb of time in office without recognizing the many , varied and significant ooatributions of Sue Bndlbaw, 1111111 n,ceatly Cyndie WIikins and Leigh Ann Hoffhines. I abo want to acknowledge the Council members I have ICIWd with aver the ytars. Joe Bilo, Susan Van Dyke, Gary Koucek. Bill Clayton, iloeer Koltay, Rita ffldllway, Erika Byrne, Orrie Saunders, Clyde Wiggins, Tim Bullock, Sheri Gulley, Tom Burm, Kells Wagon«, Al Vonniaag, Mitch Waldman, Lauri Clapp, Ann Nabbolz, Bev Bradlbaw, Doug Gama. Julie Gnzulis . And also to our elected Municipal Judges Lou Partrinlon and Vince Atmcio. Special thanks you to all the members of the modia, ClpClcially Tom Munds. And a very special thank you to the membcn of my family . My brother and sister-in-law Bill and Jeannie , my brother, my father-in-law, my Diocel and...-... my daughters, my son-in-law and especially my husband Chuck, he is my belt f'ricnd. • I . 0 • • E ., .... CilJ c-a N..,.._ IS. 1"' Paae!I 1 • .. . , • ,,,-·· • • - .. 4 . ' ... Allo, I .wld lilc to clOIC by saying to tbe -'Y elcctcd mcmbcn rl Council, Olp Wolosyn and Mike Yurcllick, tbat I extmd my hearty congratulauona 111d bell wishes for exciting and fulfilling times ahead. Think you." Mayor Burm, recopiziDg Kells Waganer, ldvilCd lbll be ha mwd on tbe Englewood Downtown De,.dopmcal Audaity, tbe Pmb wl Rec:realioo Commillion, tbe EaJoomic Dcftlopmenl Coalition, the School-city Joint Commiaee and tbe Ulllan Renewal Audiority wl for lwCDty-six years be was the Public Walb Dinlc:tor for tbe City of Eaglnood. Mayor Bums DOied lbal lbll constillltes thirty-four and a half ycan fA ICrvic:c to tbe City of EllgleMlod. which is just a n:marbble ra:ont. Mayor Burm read from the plaque. "Prwmled to Kells Waganer in recognition a his dillinguisbcd lc:adcnbip and aHllribution to the Cllllllllllllity, • Council Member· November 15, 1991 to Nomnber 15, 1999." Mayor Bums congratulated Council Member Wagoner. Council Member Wagoner abd if be could make a speech. Mayor Bums IOld him he could go right ahead. Mr. Wlgllllel' DOied be c:aa't ad lib wry well, ID be wrote out IOIDe tbiDgs. After releasing a lengdly paper don!DWM, be aid, tangue-uM:beet. lbll be w bom ... no, you don't ... oh. I moved lo Englcwood ... oo you don't 'Wail to go melt that l'ar ... ob, I MIit to wort for tbe City it says here . Actually, Council Waganer aid, tbe fim nwo bigjolll be had were, not only coacinuing tbe paving districts, but we didn't have • bridge at Union A-llld WC didn't line • bridge • Datmoutb Avenue . He noted we had a Mayor's coffee at tbat time wl dae Mrc the fim projoc:11 be had and we have gone a long way since tben, jult a long way. Mr. Wagoner opined tbat wc line a wry good City, a \'efY nice City, everybody aeema to help everybody cbe, Council is great 111d they wort togdbcr and ltaft' is just excellent He tbanbd everyone. (c) Mayor Bums abd the City Clert to read the 1ill fA -'Y ckdal Council Members . 1bole rminced, Council Member Dillricl I Amt Nallllolz, Cauncil Member DillriCI 3 Julie Grazulis, Couacil Member At-Larp Olp Wololyll and Cauncil Member At-Large Micbad Yurchick, were then swm1 in by tbe Honorable VIIICC Atencio, Englewood Municipal Court Judge. (d) Tbe new mcmbcn fA City Council Mrc IClllcd in their~ scats, after which the City Clert called the roll, with tbe following l'CIUlta : Ablcnt: Council Membcrl Nabbolz, Gnzulis, Garrett, Bradshaw, Wolosyn, Yurcllick, Bums None A quorum w praent (c) Mayor Bums callcd for nominationa for tbe office or Mayor. COUNCB. MEM81:R WOLOSYN MOVED, AND IT WAS SECONDED, TO NOMINATE TOM BURNS FOR TIO omcr 01' MAYOR 01' TIii: CITY 01' ENGLEWOOD • Motion canicd. Ayes: Council Membcrl Nabbolz, Garrett, Bradshaw, Wolosyn, Yurcllick, Gnzulis, Bums Nays : None (f) Mayor Burm callcd for nominatioas for tbe office or Mayor Pro Tcm. COUNCB. MEM81:R YURCBICIC MOVED, AND IT WAS SECONDED, TO NOMINATE BEV BRADSHAW FOR TIii: omcr 01' MAYOR PRO TEM 01' TBE CITY 01' ENGLEWOOD. Ayes: Council Membcrl Nabbolz, Gama, Bradlbaw, Wolosyn, Yurcllick, Gnzulis, Bums Nays : None • ' ... \. .. I . 0 - • • • Eqlewwl City C-'I Newaller 15, I"' ... , 1•, ,• .. ,·, ~ --• • - .. .. ... ... •, (&) Mayor Bural lllled dley would llllke the: temporary seating, for the: new Council members, tbc:ir per a ................ (h) 11lil A.-Item -lddn:acd prmously. Sec pages 2 lbrough S. (i) FUlily IIIIClllben 111d gumts of City Council members were imroduoed. (i) Council r-. ll 8 :02 p.m. for a brief rec:cptioa. The mcct.iDg RICOm'mCld ll 8 :30 p.m.. with all Council members present 9. hblic Baria& No public laring -ICbeduled before Council . 10. C-1 Aplllla COUNCIL Ml:MIIER GAJUU:TI' MOVED, AND rr WAS SECONDED, TO APPROVE CONSENT AGENDA rnMS II (a) (I), 00. (Iii), (ff), (v), II (11) (I), (ii), (Iii), (ff), M, (vi), (vii), (viii). (Is), AND II (c) (I), 00, (Iii). (a) Approval afOnlma:iel ae Yn Reading (i) COUNCll. BW. NO. 74, INlllODUCED BY COUNCll. MEMBER GARRE'IT A BW. FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 4 TO nm VALLEY SANIT A TJON DIS11UCT AND COLUMBINE WA'JB AND SANITATION DIS11UCT CONNECTOR 'S AGREEMENT FOR 111E INCl.USION OF LAND Wl11flN 11IB COLUMBINE SANITA 110N DIS11UCT BOUNDARIES. (ii) COUNCll. BW. NO. 7S, INl1l0DUCED BY COUNCll. MEMBER GARRE'IT A BllL FOR AN ORDINANCE AUTIIORIZING nm ACCEPTANCE OF A GRANT OF PROPERTY FROM ARAPAHOE COUNl'Y. (iii) COUNCll. BllL NO. 73, INlllODUCED BY COUNCll. MEMBER GARRE'IT A BllL FOR AN EMERGENCY ORDINANCE AMENDING 1TnE 8, CHAPTER 2E, SECTION 2, OF nm ENGLEWOOD MUNICIPAL CODE 198S. (iv) COUNCll. BllL NO . 71, INJ'RODUCED BY COUNCll. MEMBER GARRE'IT A BllL FOR AN ORDINANCE AU11IORIZING 11IE ACCEPTANCE OF AN IN'JBGOVERNMENTAL GRANT BE1WfEN nm CTJ'Y OF ENGLEWOOD, COLORADO AND COLORADO HISTORICAL SOCIETY TO FUND A HISTORIC S11lUCTURE ASSESSMENT OF THE nfOMAS SKERRJTI' HOUSE LOCATl!D AT 3560 SOl1l1I BANNOCK STREET . • .. ', " I . 0 • • . -. -------------------.. ----------------------- E•llewood City Caudl No-lier ts, 19'9 Pqe7 ,. ,,... . • • - (v) COUNCIL BILL NO . 76 , INl'RODUCED BY COUNCIL MEMBER GARRETI ,. A BILL FOR AN ORDINANCE Aum<>RIZING A QUIT CLAIM DEED BETWEEN ADAM AND KA1HERINE LOUISE MUU.EDY AND 11IE CITY OF ENGLEWOOD , COLORADO FOR 11 SQUARE FEETOFTIIE CITY Drral RIGKT-OF-WAY LOCATED AT 3697 SOUTH GRANT STREET, ENGLEWOOD, COLORADO, AND A LICENSE AGREEMENT TO CLARIFY 1HE LOCATION OF 11IE CITY Drral RIGHT-OF-WAY . Cb> Approval m OnliD-. oa Socoac1 Redng (i) ORDINANCE NO. 59, SERIES OF 1999 (COUNCIL Bll..L NO . 58, INI'RODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE FIXING 111E TAX LEVY IN MILLS UPON EACH DOU.AR OF 1HE ASSESSED VALUATION OF ALL TAXABLE PROPERTY Wl1HIN TIIE CITY OF ENGLEWOOD , COLORADO. AND ESTABLISHING A MilL LEVY FOR 1HE ENGLEWOOD DOWNTOWN DEVELOPMENT Aum<>RITY. (ii) ORDINANCE NO. 60, SERIES OF 1999 (COUNCIL BILL NO. 59, INI'RODUCED BY MAYOR BURNS) AN ORDINANCE ADOPTING TIIE BUDGET OF TIIE CITY OF ENGLEWOOD , COLORADO , FOR 111E FISCAL YEAR 2000 . (iii) ORDINANCE NO. 61 , SERIES OF 1999 (COUNCIL BILL NO . 60 . INTRODUCED BY COUNCD.. MEMBER WAGGONER) AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN 1HE CITY OF ENGLEWOOD, COLORADO, IN 11IE FISCAL YEAR BEGINNING JANUARY I , 2000 . AND ENDING DECEMBER 31, 2000, CONS'JTIUTING WHAT IS TERMED 1llE ANNUAL APPROPRIATION Bll.L FOR 11IE FISCAL YEAR 2000 . (iv) ORDINANCE NO. 62, SERIES OF 1999 (COUNCIL BILL NO . 61 , INJ'RODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE OF 11IE CITY OF ENGLEWOOD, COLORADO, AMENDING ORDINANCE NO. 53 , SERIES OF 1999, REGARDING PA VINO DISTRICT NO . 38, SPECIAL ASSESSMENT BONDS . (v) ORDINANCE NO. 63 , SERIES OF 1999 (COUNCIL BILL NO . 65 , INI'ROOUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING SUPPLEMENT NO. 145 TO 1llE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR 1HE INCLUSION OF LAND WITHIN TIIE DISTRICT BOUNDARIES . (vi) ORDINANCE NO. 64, SERIES OF 1999 (COUNCIL BILL NO . 66 , INI'RODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE APPROVING A "SUPPLEMENT TO 11IE AGREEMENT TO PROVIDE A PORTION OF CHERRY HILLS VILLAGE WITH WATER SERVICE" FOR 1llE PURPOSE OF INCLUDING 111E "VIKING DRIVE WATER LINE" WITHIN 11IE CHERRY HILLS VILLAGE WATER SERVICE BOUNDARIES . • ' . .. . , I· 0 .J • • • • , .. } •,. .. _ ....... • •• ' (vii) ORDINANCE NO. 65, SERIES OF 1999 (COUNCll. BILL NO . 67 , INTRODUCED BY COUNCll. MEMBEll BRADSHAW) AN ORDINANCE OF 11IE crrY OF ENGLEWOOD, COLORADO Al11HORIZING AND APPROVING 11IE LEASE-PURCHASE OF COMPUmR AIDED DISPATCH AND RECORDS MANAGEMENI' SYS'IEMS BQUIPMENl' FOR 11IE CITY . (viii) ORDINANCE NO. 66, SERIES OF 1999 (COUNCll. BILL NO. 68. INTRODUCED BY COUNCll. MEMBER HABENIOl'J) AN ORDINANCE AUJHORIZING 11IE "CONI'llACT AMENDMENT #r TO 1llE INraRGOVERNMENTAL AGREEMBNJ' BE1WEEN 11IE crrY OF ENGLEWOOD, COLORADO AND 11IE STATE OF COLORADO FOil 111E USE AND BENEFIT OF 11IE DEPARTMENT OF TRANSPORTATION (CDOI) FOR 1111! CONS'l1lUC'l10N AND FUNDING OF 11IE PROJECT TO WIDEN AND CREATE MEDIANS ON BROADWAY BETWEEN U.S. 28S ANDY ALE A VENUE IN 11IE crrY OF ENGLEWOOD . (ix) ORDINANCE NO . 67, SERIES OF 1999 (COUNCll. BILL NO. 69, INTRODUCED BY COUNCll. MEMBER BRADSHAW) AN ORDINANCE APPROVING AN INl1!RGOVERNMENI'AL AGREEMENT BETWEEN 1llE CITY OF ENGLEWOOD, COLORADO AND 111B REGIONAL 11lANSPORTATION DISTRICT, REGARDING ENVIRONMENl'AL ASSESSMEHI'. (C) Raoluliom al Maliam (i) RESOL\mON NO. 91, SERIES OF 1999 A RESOLUTION AUIHORJZING 11IE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT 1llE ANNUAL "FOOD FOR PINES" PROGRAM FROM NOVEMBER 16, 1999 TIIROUGH DECEMBER 17, 1999. (ii) PURCHASE OF A 1V VAN FOR INSPECTION OF 11IE SANTI' ARY AND STORM SEWER SYS'IEMS FROM WilLIAMS EQUIPMENT COMPANY IN 11IE AMOUNT OF $33 ,99S .OO . (iii) MAINTENANCE CONTRACT FOR JENBACHER ENGINE GENERATORS . Aya: Nays: II . lteplarAam4a Council Members Nabbolz, Glm:U, Bradshaw, Wolosyn, YUR'lick, Glazulil, Bumi None <•> Approval alOnlinancel 1111 Fm RadiDg (i) Plaming Analyst Danaerniller pramed a rccommendalion from the Depmtmalt alNeigbballlaod and Bulinell Dewlopmcat to adopt. bill for .. ardimnoc amending the City's HillOric Pracrvaaoa Onlialcc 111d to aet a public 1-ing for Docembcr 6, 1999 to pda public inpul 1111 du ~-SIie advilcd tbll 'Wilb the acquilitioa m the Skcrriu "°'*, Council bad rcqucllCd the ' . , . 1 \ . ' ,. .. I· 0 - • • -. En&lewood City Coancil November 15, 1999 Pqe9 ,. ,,.-. • • - explontion of bow to best prescnoc this 1andmarlt and additionally safeguard some other hisroric propcnies. Ms . DannemilJcr Slated they would also like to pomoce lbc cultural and educalional benefits of historic preservation and foster civic pride in lbc lcgacics of lbc pllll 1bc crealion of an historic preservation ord.inancc wiU target this issue, she advised. Such ordinances may vary from simply designating propenics to creating what is callcd a ccrtified local ~ which is a lOIIICWbat arduous process, where you require extensive invemories and limit property modification oo lbcsc properties . So. she DOied, taking into considcralioo lbc goals that were mentioned above, staff puts forth ID ordinance that simply designates historic propcnics as historic 1andmarlts, thus making lbcsc propcr1ics and diSlricts eligible for State Historical funding or panlS from lbc Historical Society . 1bc ordinance pn:scmcd c:rcalcs a voluntary clcsignalioa pnx:as only, allbougb in a district it rcquira two-thirds majority as opposed to 100-1. majority. with no imndalory requiremcUs for review of any modifications OD lbc properties . In order to gain clcsigmtioll, a lbUctUrc lll1lll be at lelll 50 ycan old and CXllloeaed to significant historical events, embody certain ardlitcceural cbaractcrillics or rdloct ailtunl, political or social history of Englewood. Simply put . she said, this onlimnce will allow properties to be clcsignalcd, but docs DOI put any further restrictions on lbc propcny . 1bc shol1coming is simply that property owners may modify lbcir properties without m~cw and, poaibly, significant billOrical clmactcrillics may be altered. However, she said, it is important to noce that privately owned prapcrtia that requeaa si-funding to improve lbc properties for private use arc lbc lowest OD lbc priority Ii .. in tau. o(flmding. So this may DOI be an issue. Typically, with publicly bcld property, • in lbc CIIC o( lbc Starin Houle. lbc simple clcsig,mion o( an ordinance is sufficient for gnmt fimdin& and they are bipcr oo lbc lill o( priorities became they are public properties, as opposed to privale property ownen requelliq si-lullding. Ms. o-illcr advised that they researched the preacrvation efforts and pn,ccdurel ill Olher IXllllllllllliticl. both within Colorado and outside of Colorado. and they bavc pn,vidcd illpul to die Plamillg and z.oniDg Commiaioo and they have refined the ordinance. which wiU CftllR du wa...,. propcny dNipltion Sbc advised that the proposed ordinance was passed by lbc Plaming wl l.ollillg CommilPOD oo Oculber S, 1999 and WIS forwarded to Council for COlllidcnball toBipt. SIie offered to -Ill)' qualiolls. Council Member GIima said be Wllllicd to 8* for c:larification. that she said IIOIDClhing about two-thirds . Becaulc, be pointod out, it ays that ~NCioN CIIIDlll be approwd unless lbc applicant has written approval from at lelll 100%. Ml. DwwmiPer explained that they bavc a draft ordinance. which was probably DOI mppaml to be iDcludcd ill CClullcil's pacbl. that it was lllOldy for rcfcrcocc and that went to Planning wl z.oaiDg. Sbc said lbc IClull ordinance CGuncil wiU be acting OD tonight is titled wey AlITHORITY" and basically it llhoulcl say two-Cbinls propcny owners within a diSlrict . She said perhaps he WIS looking at lbc draft and she DOied tbat was her fault for including that in there, as it was just for their rcfcrcncc to kind of ICC bow they procccdcd tbrougb lbc process . Council Member Gam:U DOied one individual caa bring ill lbc application, but before it is approved you mllll have two-thirds. He 8*cd why isn't lbc tWCMhirds required before the application. Ms. Danncmiller Slated that lbc two-thirds COIIIClll o( lbc property owners is required for the application to proceed, but it doesn't DCCelllri1y have to be publicly rcprcacoted by two-thirds and ID individual may spearhead the cffon o( a district, bring that applicalion iD with two-thirds o( lbc majority of the district signatures on the applicalioo. Council Member Gam:U said be apologiml II be read lbc draft and the way the draft reads was that one pcnoo can make ID application, but tbcn the application woo 't proa,cd without lbc two-thirds. He commented that lbll -like a two IICp pn,cas, when lbc application should be accompanied by two- thirds. Ms. Dannanill« said yes, 1h11 is lbc way it is planned to proa,cd in lbc actual ordinance. 1bc City Clerk WIS 8*cd to read lbc council bill by title: COUNCll. BIU. NO . 77 , INI'RODUCED BY COUNCll. MEMBER NABHOLZ • ', I· 0 • • • Eallewood City C-U No-Iller 15, 1"9 PqelO '•. ~ ,.,-. • • - .. ,. ' A Bll.L FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, WI1ll 1HE ADDmON OF A NEW SECTION 24, ENITl'LED HISTORIC PRESERVATION, TO 1HE ENGLEWOOD MUNICIPAL CODE 1985 . COUNCD.. MEMBER NABBOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (I) -COUNCD.. BILL NO. 77. Ayes : Council Members Nabbolz, 0am:tt. Bradshaw, Wolosyn. Y urdlick, Gruulis. Burna Nays : None Motion carried. MAYOR BURNS MOVED, AND IT WAS SECONDED, TO SET A PUBLIC BEARING ON COUNCD.. BILL NO. 77 ,OR DECDIBl:R 6, 1"9. Ayes : Council Members Nabbolz, 0am:tt. Bnidsbaw, Wolosyn. Yurdlick, Onzulis, Burm Nays : None Motion carried. (ii) Rick Kabm, a.au-oltbc Non-Emergency Retirement Board presented a recommendation from the DcpM1mall of' FilalCial Services to adopt a bill for an ordinance increasing the City ofEnglcwood's Non-Emcrgmcy Rdinmcnl Plan rccireel ' benefits by three percent (3%). Mr. Kahm explained that FilalCial Services Director Gryglewicz bad a conflict this evening and asked that be sit in for him if it w • • CIICII* IO Council . Mayor Burna aid very much so. Mr. Kahm explained dl&l calicr dis fall die Redlanmt Board approacbed Council with the Deferred Option Plan, lbc DROP Pia WIIIII dley -looting a that plan. be said, IDOll DROP Plans that had been illlliluted aroaad die coary -fiw.yeu...... He adYilcd that they anal)7.CCl that plan and rali7.ed lbll die fiw.yeu _,, -... IO OIIII die plan lboul 1200,000 a yeu. Al tbal time the Rdircmeal ec.d polled die_,.,,.. oltbc City and they opted to have us approach Council for a three year plan, wbidl CIIIII '-.._ 50% of' die five yeu pla. witb the idea that that would leave money available ., they CIClllld do ad boc ODIi of' living incrala for the rctirccs . Colt of living is DO( built into th e basic plan, be said, al wbal we have bccn able to do IMI' the years, is every two or three years, as money is available, they co.-to Council al do COil of' living on an ad boc basis for the rctirccs. In this instance , be cxplaincd, they haven't done a COil of living llincc January l, 1996. So what they arc recommending at this time, be aid, would be an inaalc ol 3% for retirees who retired before January l, 1999 . Mr . Kalun 51.akd they would actually like a litde DIIR of' an inaalc for retirees. but they want to wait until next year. have an Ktuarial IIUdy cloac al -wbcrc lbc plan is in light of the fluctuations in the stock market and thole things and make IIUl'C we can afford it. The City Clerk wu ISkcd to read the c:ouncil bill by title : COUNCIL Bill. NO. 72 , INTRODUCED BY COUNCIL MEMBER BRADSHAW A Bll.L FOR AN ORDINANCE AMENDING TITLE 3, CHAPTER 6, SECJlON 7, SUBSECTION 7, OF 1HE ENGLEWOOD MUNICIPAL CODE 1985, Pl!RTAINING TO INCREASED BENEFITS FOR RETIRED MEMBERS AND BENEFICIARIES OF 11IE NON-EMERGENCY EMPLOYEES RETIREMENT PLAN AND TRUST . COUNCD.. MJ:MBIR BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITIM 11 (a) (U) -COUNCD.. BILL NO. 72. Ayes : Council Members Nlbbolz, 0am:tt. Bradshaw, Wolosyn, Yurdlick, Cinzulis, Burna • .. . , I· 0 . ] • • -. E•&lew• City Condi N-ller 15, 1'99 Pqell ' .. ,. ·, Nays : None Mocioo c:arriCld. Mr. Kabm thanked Council 00 behalf of the mirees. ~ -• • - (b) Approval of0.-OD Seamd Reading .. .. .. There wen: no addilioaal items IUbmiaed for approval oo second reading. (Sec Agenda Item 10 -Consent Agenda.) (c) Raoluuc. ad Mocialll (i) Director Blaclt prelemCd a l'CCIOIDIIIClld from the CUitural Ans Commission to appnwe a macicm to llllldt fuadl for• Ans Ceder Feasibility Study. He advised that, on behalf of the Cultinl Arts Cam · · aa, mlf ii ..-mending tbat City Council award, by motion, matching funds of $2,500 for a balinell pllll • !*I ofdle Culbnl Arts Ccmer Fcuibility Study. He said he w.mtcd to give a lialc background. Badt in 1996 die Cullural Ans Commission WIS formed and one or the first charges to tbal poup wu a f'undlaising effort for money to do a feasibility study OD the Cultural Arts Center. At that time, Counc:il ap,ed to llllk:h die funds up to $25,000. The fundraising dl'ort Slartcd, he said, and cunmdy thcre ii $2,500 in• KCOUDt for that. As tbat began to progress, the rcdcvclopment of Cinderella City bcpn to prop:ss a well, with the c:allural space OD die second floor, so this study itself has been pollpODCd. But, he IIOfed, in the ... few moatbs it bas IWted moving again and thcy think that now is the appropriale lime for that. So from die Cultural Ans Commission thcy are requesting S2,S00 to malch the S2,S00 thll ii in a raerw -. for a SS,000 study OD a bulioca plan for the Feasibility Study . Mayor Burns med bow long it will lake to complctc this study, if Mr. Black bad an idea of what the time line ii. Director Blaclt aid his gums would be ICVcral mootlll. They ba\'ell 't • down to discuss the timclioc on tbal. Wbal thcy do with die fimding here, is sit down and go lbrougb die scope of services and put a conmct together with a timclioc as well . But, he IIOfed, their gums would be several months. Council Member Gama aid thcy wen: told at a Study Session tbal die pl wu to try to come back to Council ocxt Auguat with a final plan. He med if it WIS ltill within tbal timefnune that thcy hope to do a feasibility study and thcn come back to Council next August Director Black said he thinks that timcframe is appropriale . Council Member Wololyn advised tbal sbc tbougllt it WIS actually Scptcmbcr, that in August it would be complete and die CUitural Ans Commission and would come to Council in Seplcmbcr. COUNCU.. MEMBER 81lADSBAW MOVED, AND IT WAS SECONDED, TO AUfflORIZE $2,500 AS MATCH FOR THE CULTURAL ARTS COMMISSION RASIBILITY STUDY. Mocioo carried. Ayes : Council Mcmbcn Nabholz, Gam:tt, Bradshaw, Wolosyn, Yurchidt, Grazulis, Burns Nays : Nooe (ii) Dircc:tor Black prelemCd a rccommcndatiOD from die Department of Financial Scrviocs to adopt a raolutioo approving a supplcmcatal appropriation for the CUitwal Arts Commission to malcb funds for an Ans Caikr Feasibility Study . He explained tbal this a n,commcndation for a supplemental appropriation from die Ulll'C8Clwd, undcsignaled fund balance for die $2,500, as part of the previous mouoa. The resolution was assigned a number and read by title: ' .. ' . I· 0 J • • E•&lewood City Caudl No-ber 15, 1999 Pqell ;. · .. .. RESOLunON NO. 99, SERIES OF 1999 .. ~ -· • • -.. A RESOLunON APPROPRIATING FUNDS FROM 11fE 1999 BUDGET. .. ... COUNCll. MEMBER WOLOSYN MOVED, AND rr WAS SECONDED, TO APPROVE AGENDA REM 11 (c) (i) • RESOLUTION NO. 9', SIEIUES 01' 1999. Ayes : Council Members Nlbbolz, Gama, Bradshaw. Wolosyn. Yurdlic:k, Grazulis, Bums Nays : None Motion carried. 12 . Geaeral Dilcullioa (a) Mayor's Clioice (i) Mayor Bums aDmced there will be a Special City Council meeting held on Nofflllber 22, 1999 al 7:00 p.m. to review die Mmieum ofOutdoor Arts proposal and for public input in thal procas. (ii) Mayor Bums said Council will recall approving a budget for Council Member Nabbolz to lltmd die NLC Conference in Loi Angeles. He said he bas one similar that is not as expensive , but be is DOI planning to go a long. He paml out die memo liSling his anticipated expenses . For die belldil m die new Council memben, Mayor Bums explained that die travel arrangements have to be appnMld by Council . Mayor Bums DOied be bas a few days of lodging and meals and, aclUllly, they think die airfare is COlllidc:nllly lela tlml $550, but tbere is a lilde bit m cushion in there in case some changes occur. He rcqucllCd approval mlhil budget for bis llfffl«llna::. thal CIOllf'ermce. COUNCll. MEMaER NA8HOLZ MOVED, AND IT WAS SECONDED, TO APPROVE MAYOR BUllNS' A'M'IENDANCE AT 11IE NLC CONRUNCE NOVEMBER 30 THROUGH DECEMBER 4, I"' IN THE AMOUNT OP Sl,105.00. Ayes : Council Members Nabbolz. Gama, Bradshaw, Wolosyn. Yurdlic:k, Grazulis, Bums Nays : None Motion carried. (b) Council Member's Choice (i) I . He said, • they vote on various people and die expenditure of funds to go to conferences, that he thought it would be bclp(ul, for die record, if die person who is asking stales what it is, why they want to go and what die bcnefill arc to Englewood. This should be for die record, he said, so die people understand why they arc approprialing ..-ies. Council Member Nabbolz ukcd if he 111e1111 prior to coming back and filing a report. Council Member Ganeu said yes. because Council's approving die funds today and ii would be nice . He noted Council knows why il is a good thing to go, but be lbougbl it would be helpful . ,@ ; • ' . • ' . I . 0 • • • Ell&kwNII City Ceudl No-a.er ts. 1"9 Pqe13 • • • - .. ... ... 2. He aid be bu IOrt of an ollecrvatioo. That be is worried tbat they are getting caught up in fonn over IUbltance with dleir molioas. Mr. GamU said if they Wllll to they can sit down and figure out the best thing to do. He ..... be is jUll wmried. Council Member Bmdlbaw oom!Dlll!Ced that ewryt,ody is 1lying to go exactly by the Council Procedure Mlnull llld tbal is wllll is CIUlillg it Council Member GamU said we do that and then we say no, it is not quite rigbl. He .... be jUll dwlb Council is gcaiDg • little bit too proc:cdural oriented. Mayor Bumi aid be tbought tbal OD remluliolll they ~ to pc diem a number. Council Member Gama aid no, you cloo'l The boot says you say I llllWC item blank and then the Oerk assigns the lllllllba. Mayor Bums said if the Ciak can keep tnck aC it that way that is fine . City Clerk Ellis said sure. she can do that. Mayor Bums DOted be just tbougllt they were doing it mainly to make sure we had them straight and didn't Fl a>afillcd about the numbering. Mayor Bums ltated 11111 wu a good suggation. 13 . City Muaaer'1 Report (a) City Manager Sears RICOIIIDICllded that Council go iDlo Executive Session following the regular City Council meeting to dilcusa real Cltale matters regarding 1CDaDl IClection and I review of the residential cboeloper. Mayor Bums DOted Council would heir the City Attorney's rq,ort 11111 then come back to I motion to aqourD IO Exec:ulM Seaioa. 14 . Clly AalraeJ'• .... (a) City Aaorney 8W .-mcnclod the appointmall of Mark May• Spccia1 Counsel lepnliq c cwl · on of pnipeny. He advilld tbal du is the ww lnllli:r pnipeny, the Zipn pn:,peny . He aid lie doel -me die appnilal ia bad rr-die CWoliDI Coaacil, ~. the amounl is going to be lipiftc-.ly lliper .. die City'• ......... Sipificwf beilrc -• milliOD dollars higher, be said. Mr. ~ advilld it ii llil .alealallliac tbal die IWOll it is IO mudl bigber is 11111 the City and Mr. 1.ipi a,uld probably oome to teru. • to the value of the pnlpClty, ~. Sheridan's approval mcraaed the value of the propelty and that is the lignificant cliffemice between the two appraisals, which is bow they are valuing dlll apecial us oa dlll propaty. City Aaomey Brotzman swed that Mark May is 1 c:oMN !Ilion coumd and be is a \'Cl)' good oonck:rnNfion COUIIICI . He rcqueslCd a motioa to approve Mn May• coumd for the City in tbat repnl. COUNCO.. MEMBER BRADSHAW MOVED, AND IT WAS SI.CONDl:D, TO APPROVE MARK MAY AS SPECIAL COUNSI.L ON TRI. UNION A VI.N1JI. MA Tl'ER. Motion c:arricd. Ayes: Council Mcmben Nallbolz, Garrett, Bradshaw, Wolosyn, Ywdlick, Grazulis, BIUDI Nays : None ••••• Rduming to the CilyCcnler updllc. Mayor Bwlll llid be would emertaiD a motion to go into Executive Sellioll to clilc:uu real --maaen. teamt lldec:tioa and l'Clidmtial ~lopmcnl I· 0 - • • I 9ilwe .. at,C-8 Ne11ah1 IS, I"' .... , " _ ....... .. • • .. • -- ... COUNCU. IUmat allADSBAw MOVD, AND ff WAS SICONDID, TO ADJOURN TO EXICUTIVI SIUION TO DISCUSS IIL\L ISTAU MAfflllS, UNANT SELECTION AND mml:NTIAL DEVEI.OPIIUNT. Ayes: Coacil Memllerl Nlllbolz, Gama, Bradlbaw, Wolosyn, Yllldlic:k. ClnmJlil, Bini Nays: Noae Mayor Bums lllUd dill Coaacil may -111m 1ri* ._ fflCO!Dmeadltiom after the Executive Session . CCIUIICil Jeceaed It 1 :52 p.a. 11r Em:adw S-0.. The mcelillg l'OClllll,Clled It 10:20 p.m. 1ri* all Comcil members prelCJlt. COUNCU. MAIMII JIMDIIIAW IIOVD, AND ff WAS SICONDED, TO LEA VJ: EXIC1JTIVI Sl:SSION. Aya: Nays: c-:il Meaberl Nlllbolz, Gama, Bradlbaw, Wolosyn, Ymdlic:t, ClnmJlil, Bini Noae ••••• Mayor Balm pYe a&ICb fl a Special ....... No.ember 22, 1999 reprding the raidmJial developer of the CityCcar, iJJ addlliaa ID MOA. 15. MJNa ~~-TO_,,,,,_,... ___ I0 ,20p.• "~ ' .. ) ', 'I ' . .. ' ' I . 0 32X • • .,,-. • • ., .. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY. NOVEMBER 15, 1999 7 :30 P .M. .. 1. Call to order . f/:!J[; ~ 2 . Invocation . /J~ Pledge of Allegiance . ~ 3 . 4 . RollCall. '7~ 5 . Minutes . Of?-1 'l-0 ~. Minutes from the Regular City Counc il meeting of November 1, 1999. Minutes from the Special City Council meeting of November B, 1999. ¥ti '7-0 b. 6 . 7 . B. Scheg Visitors . (Please limit your presentation to ten minutes .) Non-Scheduled Visitors . (Please limit your presentation to five minutes .) £)- Communications, Proclamations , and Appointments . ~1/-o a . Proclamation honoring Ms . Sh ' ey Wi son on the occasion of her retirement from Bishop Elementary School . b . Comments by those departing City Council. c . Mayor will ask the City Clerk to read the list of newly-elected City Council Members . who will then be sworn in by the Honorable Vince Atencio . d. Member of City Council are seated (in temporary spaces) and the Mayor asks the City Clerk to call the roll of the members of the City Council and the Mayor then declares whether a quorum is present. Mayofcalls for nominations for Mayor and votes are taken . ~ ,..... nola: I you haV9 a dlaabllty and need auxiliary aids or NrVlcea, pleue notify the City of Englewood (aoa-712-MOI) at INal 41 holn In advance of when NrVlcH .. needed. Thank you. • I I· 0 • • -----~:,,-----::----------------.------------------------------~·· • i,111,, .. • • .. ... Englewood City Council Agenda November 15, 1999 Page2 ""J,,v_ ~~ 9. g. Mayor assumes the. Chair and calls for nominations for Mayor Pro T em and votes are taken .~ Pennal<ent seating assignments are given. h . A token of appreciation will be given to departing City Council Members Alex Habenicht and Kells Waggoner. i. Recognition of families and/or guests of the members of City Council. j . BriefReception . ~f-l)~~ ~[>:'&J~ Public Hearing . (None scheduled) ~ /UJ/JJI '7-o · J:J;;:;JJ~ ~ Ji) ~ !l~J?AL1~ ~ ,.,,TT"' a . Approval 01 Urdinances MF~ -o,__.._ -i. COUNCIL BILL NO. 74 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving Columbine Sanitation District Supplement #4 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ii. COUNCIL BILL NO. 75 • Recommendation from the Utilities Department to adopt a bill for an ordinance approving a Quit Claim Deed from Arapahoe County for a Fire Hydrant on South Raritan. STAFF SOURCE: Stewart H . Fonda, Director of Utllltift . .--iii. COUNCIL BILL NO. 73 -Recommendation from the Department of Safety Services to adopt a bill for an emergency ordinance amending Ordinance 64 , Series of 1994 pertaining to the Unifom, Fire Code . STAFF SOURCE: Ben Greene, Fire Marshal. "v. COUNCIL BILL NO. 71 -Recommendation from the Library Department to adopt a bill for an ordinance accepting a grant from the Colorado Historical Society for a Historical Structure Assessment of the Thomas Skerritt House . STAFF SOURCE: Hank Long, Director of Library Services . ,,v . COUNCIL BILL NO. 76 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a City Ditch Encroachment at 3697 S. Grant Street in Englewood . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. b . Approval of Ordinances on Second Reading . __. ii. Council Bill No. 58 , fixing the mill levy for 1999 to be collected in 2000 . Council Bill No. 59, adopting the Budget for the City of Englewood for the Fiscal Year 2000 . P ..... note: If you have a dlsablllty and need auxiliary aids or sarvk:H, please notify the City of Englewood (303-782-2405) Ill lust 48 hours In advance of when Nrvlcea are needed. Thank you . • ,. • I 0 I • 0 32 I ... • • • .. • - ' Englewood City Council Agenda November 15, 1999 Page3 !}J21-l~I 'ii. (JU /I-~ ~ iv. Council Bill No. 60 , the Annual Appropriation Bill for the Fiscal Year 2000 . Council Bill No . 61 , amending Ordinance 53 , Series of 1999. regarding Paving District 38 Special Assessment Bonds . ()1JJf-~!J -v. fJ1I /1-&J t/-vi. Council Bill No . 65. approving supplement #145 to the Southgate Sanitation District Connector's Agreement. Council Bill No . 66, approving a supplement to the agreement to provide a portion of Cheny Hills Village with water service for the purpose of including the Viking Drive Water Line . Council Bill No . 67, approving the lease/purchase of the Computer Aided Dispatch and Records Management Systems (CAD/AMS) Systems Equipment for the City. Council Bili No . 68 . authorizing the Contract Amendment #1 to the Intergovernmental Agreement with the Colorado Department of Transportation for construction of Broadway widening and medians . Council Bill No. 69, approving an Intergovernmental Agreement with the Regional Transportation District regarding environmental assessment at the General Iron Works property. c . Resolutions and Motions. r. Recommendation from the Library Department to adopt a resolution authorizing the Library to implement its annual "Food for Fines·· program for 1999. STAFF SOURCE: Hank Long, Director of Library Services. -ii . Recommendation from the Utilities Department to approve , by motion , the purchase of a TV van for inspection of the sanitary and storm sewer systems . Staff recommends awarding the bid to the low bidder, Williams Equipment Company, in the amount of $33 ,995 .00 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. 1ii. Recommendation from the Littleton/Englewood Wastewater Supervisory Committee to approve, by motion , a maintenance contract for Jenbacher Engine Generators . STAFF SOURCE: Stewart H. Fonda, Director of Utilities . 11 . Regular Agenda . a. Approval of Ordinances on First Reading . -i. Off'?-0 COUNCIL BILL NO. n · Recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance amending the City's Historic Preservation Ordinance and to set a public hearing for December 6, 1999 to gather public input on this issue . STAFF SOURCE: . . a,,/'7-0 Lauri Dannemlller, Planning Analyst. ()~ ~ 1i ~ ~ 17t{'ffeW71 j'l 1../~9,9 ....._ IIGlt: I ,au._• III tlltr Md llNd auxllary aide or wv1ces, plNN notify the City of Englewood (lll-7U-MGl}al IIMl41 lloura In advance of when Nl'vlcN .. needed. Thank you. • J , . . ' I • 0 • • Englewood City Council Agenda November 15, 1999 Page4 . ,,. . . ~ --• • - .. .. .. .. ' ii. COUNCIL BILL NO. 72 -Recommendation from the Department of Financial ,. .. ~'1-0 Services to adopt a bill for an ordinance increasing the City of Englewood's NoR;.. ~ , . L .. Emergency Retirement Plan retirees ' benefits by three percent (3%). STAFF g~ b . C . r3f''l-O SOURCE: m~;~-"1:;r,u;m~~/UAE,()r &,,IQ) Approval of Ordinances on Second Reading . ~ Resolutions and Mo~tion&F ~~/6a? ~ i. Recommend n from the Cultural Arts Commission to approve a motion to match funds o an Arts Center Feasibility Stu~)'..: _S1:AF~_50~CE: Jerrell Black, Director of Parka and Recreation. /'J ~ · ii. Recommendation from the Department of Financial Services to adopt a (), . _ /J. t':} c; resolution approving a supplemental appropriation for the Cultural Arts f:JJ)llf"'7 I Commission to match funds for an Arts Center Feasibility Study. STAFF arffl'l-0 SOURCE: liiiraAkQ~t!'t~a11aial 6el'llia~ 12 . General Discussion . a . Mayor's Choice . i. Announcement of a Special City Council meeting to be held on November 22 , 1999 at 7:00 p .m . ~,.....b . Council Members' Choice. APP"07.0 13. City Manager's Report. NA8H01.Z MOVED TO APPROVE MAYOR BURNS' ATTENDANCE AT THE NLC CONFERENCE NOVEloeER 30 THROUGH DECEloeER 4, 1989 IN THE AMOUNT Of 12,106.00 a. CityCenter Englewood Update -Recommendation to go into Executive Session following the ~gular City Council m,~ti~ to discuss Real Estate Matters· Tenant Selection . A-Al (J tit/ff=. /I) !JF µt:sl~£J.lf1,fl /Jt~~/'c.~ . ~ 14. City Attorney's Report. Appointment of Marl< May as Special Counsel regarding condemnation of property • Union Avenue .~ 1 COUNCN.. RECESSED TO EXECUTIVE SESSION 8:52P.M. RECONVENED 10:20 P.M. APP"D 7.0 BRADSHAW MOVED TO LEAVE EXECUTIVE SESSION MAYOR BURNS GAVE NOTICE OF A SPECIAL MEETING ON NOVEMBER 22. 18118 REGARDING THE RESIDENTIAL DEVELOPER Of THE CITYCENTER, IN ADOITION TO MOA . NA8HOI.Z MOVED TO ADJOURN 10:20 P.M. P ..... note: If you hllve a dlaablllty and need auxlllary alda or aervlcea, ptuae notify the City of Englewood (303-762-2405) at leaat 48 hours In advance of when aervtcea are needed. Thank you. ' . ' \ ~ • I • 0 32 •• • • .. • • -' . ENGLEWOOD CITY COUNCR. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO November I, 1'99 1. Call to Order The regular meeting oftbe Englewood City Council was called IO order at 7:38 p.m. by Mayor Bums. 2 . lavocatioa The invocation was given by Council Member Nabholz. 3 . Pled&uf Allqiuce The Pledge of AJlegiaoce was led by Mayor Bums. 4. Roll Call Present: Ab&ent A quorum was praeoL Also present: 5. Minuta COUDCil Members Nabholz, Grazulis, Garrett, Bradshaw Habenicht, Waggoner, Bums None City Manager Sean City Attorney Brotzman Deputy City Cleft Culle Director Fonda. Utilities Director Ross, Public Works Senior Planner Graham, Neighborhood and Business Development Director Eaton, Human Resources (a) COUNCD.. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE TIU: MINUTES OF THE REGULAR MEETING or OCTOBER ... 1999. Ayes : Council Members Garren, Bradshaw, Habenicht, Waggoner, Grazulis, Bums Nooe Nays : Council Member Nabholz Ablwn: The motion carried. 6 . SchethW Viliten Sa a) Linda ICatoMki, Praidca of lbe Americ:ao Pait and Recreation Society of the National Rcc:ra1ioa and Park AIPJC'illioa, addraaed Council reprdiog lbe Naiooal Fitness City Award that was rec:eady bellOwed 11p1111 dac Easlewood ~ al Parts and llccreatioo. Ms. Kotowski said it was her pleaae to,.._. dac Amcric:a Park and Rccreatioo Society and IO commend Council and the l!a,lnliood Pllb aad ltemaliaa 'DII Clll lbe iamdibly comprehemjvc and 511mg COmmitmeot lO wellness • • 0 I . 0 • • • Englewood City Council November I, 1999 Page 2 ,. • - .. .. in the community . She advised that she saved on the selection committee, and bad the pleasure of doing Englewood's applicalion, as well as many ochers . Having been a Parks and Recreation Dcpanmcnt employee in the City of Englewood in the mid seventies, when Bev Bradshaw was the tennis coordinator, she said she wa very glad to see that Englewood bas maintained and grown it's commitment to thinness and wellness, not only for its citizens, but for its employees, as well . She said it was her pleasure to present to Gary Hultberg, Englewood Recrcat.ion Services Manager, the Fitness City Award, which is in Class Four for Englewood's population category . This is the National Recrcat.ion and Part Association 's 1998 Award in Class Four. she said. Mr. Hultberg thanked Ms. Kotowski for re-presenting the award. He explained that Director Black had received this award in Nashville at the NRA Congress about rwo weeks ago . This is a very big deal for Englewood and it is very much apprecialcd. be said. Tee shirts were handed out to the Council members. the City Manager and the City Auomey. Mr. Hultberg introduced the staff that really made these programs over the years. including Recrcat.ion Center Supervisor Bob Leonard, Joe Sack. who supenises the Fitness/Wellness Program out of the Malley Center, Brad Anderson. who runs the award winning aqua fitness program at the Recreation Center, and Susan Trimmer with the Human Resources Department. Mr. Hultberg added that a big component of the City 's application was Ms. Trimmer's terrific wellness program that the City of Englewood employees enjoy . Mr. Hultberg said there would be a function at the Recreation Center next Tuesday for all the Recreation staff. wellness staff and instructors. where they will receive tee shins and pizza and will be able to enjoy the award also . (b) Mark Goldberg was not present to discuss the status of the Wal-Man agreement Mayor Bums said some of the mancrs were discussed in Study Session tonight (c) John Loss. of Miller Weingarten De\-elopment was not present to di5CUSS the CityCenter Englewood project. 7. Noa-tdledllletl Vbiton (a) Carol Van Lew. 5877 East Fair Place, said she would like to addn:ss Council Bill No . 56 reganling Group Living Facilities. She said she bas a family member living in a treatment facility in the City of Englewood. and would be affected by this onlinance if it is approved. She said the following were reasons she would urge Council not to approve this bill in its present form. The proposal, to declare a Group Living Facility to be a public nuisance if a resident is convicted of more than one misdemeanor or felony , discriminates against the residents of these facilities , she opined . There is no such penalty applied to residents of other multiple dwellings in the area. The requirement is too restrictive. she said. One misdemeanor would be sufficient to cause the facility to tum a resident out, they would not dare risk a second one . Where would they send this person. she asked, to the SlreCIS or to jail? Is this where this community thinks mentally ill persons belong? This proposal is grossly unfair to existing group facilities . There is no opportunity for them to have a reasonable time to come into conformity with the requirements of the ordinance, she asserted . The proposal is wiclear about a number of things, she said. There is no clear classification of a treatment facility with more than eigbl residents : the zoning chart on page 7 needs clarification so the persons who are not familiar with zoning terminology can understand it; and the requirement that no Group Living Facility can be within 1,250 feet of another needs interpretation. Whal if there are two facilities, she asked, but they are all an integral part of one program? The mininwm olf-SllllCt parking requirements are way too restrictive for some homes, with one space for each three residents . In an adolesa:nt home they don't even have cars, and most mentally ill adults are lucky if they even have bus fare. let alone money for a car. Ms . Van Lew urged Council to poapone voting on this until the bill is clarified. She also urged Council to meet with the owners of the affected facility and consider some of their concerns before any action is taken on the bill . (b) Louis Bruno, Medical and Executive Director of Community Care, said be appreciated the opponunity to address this issue with City Council . Community Care is a trealmeDI program that has • I • 0 • • Englewood City Council November I, 1999 Page 3 ,. .,.. . 0 0 - ·• ' been in existence here in Englewood for over twenty years, he staled . I! is a nationally renowned program thal treats people with serious mental illness in the community . We have had a lot of success. he ad\iscd. in worlcing wilh the young people, helping them learn how 10 live in !he community and be successful . In thal capacity, we help people go lo school, get jobs, learn basic living 5"ills and learn how 10 live in the community. We are licensed as a mental hcallh center by the Stale of Colorado . he said. and we are also licensed as a residential treatment center. The programs try 10 work very compatibly with the neighbors. he said. and generally very successfully . Pan of what we try to teach our young people is to be good citizens and learn how to be successful living with !he community . Some of the issues that are addressed in this ordinance. he said. could affect !he rights of our patients lo live in !he community and we are very concerned about that Part of what Community Care is all about is being an advocate for mentally ill people for many yean. he said, and. in that capacity , we have worked vef)' closel y with a local group . which is made up of the parents of the mentally ill. When you look at !he population !hat we arc strugglin g with here, and if anyone has raised an adolescent, they know God has to be on their side. It is a very difficult task, especially if you add men!al illness on top of that The parents that we work with need our help to help these kids make ii in the world. he said . (c} Gail Silberhorn, S.W Fox Hunt Circle, Linleton. said she has a famil y member in the Community Care group home . Ms . Silberhorn said she was representing the families who have loved ones in Community Care . Many of these handicapped people cannot speak for thcmseh·es Communi ty Care is a group home where our loved ones receive the additional structure, care , medical supcnision and treatment that allows them to learn lo function and cope appropriately in society, she said. Our families are members of a minority that need your Wlderstanding and compassion . Discrimination of people with mental . emotional and physical disabilities is the same as discrimination due 10 race. sexual preference or religious beliefs . This has been addressed by Supreme Coun decisions that made discrimination illegal . To discriminale against people 1>ith documented disabilities violates their ci,il rights . she said . Most of our families are middle class. We care for our families as you care for your families . We have one thing you don 't have-members with profound men!al or emotional disabilities and the devastating effects on our families . Diagnosing and documenting emotional mental disabilities is a long excruciating process . Our family members are DOI anti-social . Our children 's problems are not the product of poverty , inner<ity rage or gang mentality. but the result of genetic and physiological diseases that can be ucated and in some cases controlled either by drugs or counseling. she advised. Rehabilitation for our loved ones means allowing them the time and space to develop the ability to care for themselves . I'm not lalking about a drug and alcohol rehab center or housing for early parolees . Our famil y members al Community Care group home are each diagnosed and fully documented 1>ith mental or emotional diseases . Many of you hen: tonigl1t, she said. have needed 10 arrange for the care of someone in your family . Is seeking out the very best residential facility for a parent with Alzheimer 's, Parkinson·s or a stroke abdicating your responsibility to care for them yourself, she asked . No. ii is no more or less than what we arc doing by seeking out the trained professionals and safe environment where our loved ones can learn to be productive, responsible , panicipating members of society . Since parenlS are DOI experts in all areas. we send our children off 10 schools staffed by professionals. This we do to pl"O'idc the best possible future for those we love . To continue the education of our special needs family members Commumty Care pro,~des the unique combinations of professional staff for medical care, therapy and J caring environment found nowhere else in the statt:. No one complains if a senior center is pul in his or her neighborhood. The seniors (your parents, gnindparents and mine) come together for socialization, human contact with others of like interests and needs . 'Ibey have empathy for each other's problems, encourage and suppon each olher and in that way continue to grow as human beings. Our family members come together, under the guidance of trained professionals, for the same reasons. Often ostracized by non-handicapped peers. they empathize . encourage, support and grow together, andjUSl as imponantly, they celebrate !he victories . There are no perfcct situalions, she allowed, but in the good. better and best that is currently offered, group homes for the menially emotionally handicapped is the best . There are no alternatives that even fit in the "good" category for our loYed ones. 'Ibey wiU never learn to work and compete in society in state institutions, roaming hallways and sitting in isolation. Have any of you collected statistics on crimes by those living in group homes, venus thoae on the Slnlet, she ukcd. If Conununity Care did not exist. some of our loved • I • • • • Englewood City Council November I, 1999 Pagc4 t • • - .. .... oocs would be on lhe sueets. WICalCd for and possibly victims of the true criminals that exist in our society . This ordinan(:c will not address the issue of where the problems are originating. It is the cruelest kind of prejudice to say that it happened in one type of group home, therefore all residential facilities are condemned. Look to the places where your concerns ba,•c arisen . Don 't discriminate against the handicapped. thereby violating the laws of our land. Look al our families and loved ones as individuals. Not as mere Slalistics, but as fathers, motben, sons. daugbteB. brothers and sisters suffering the profound effects of the worst kind of disability. She thanked Council for their time. and said she hoped they would consider carefully the impact of their decisions on the lives of these special people. (d) Susan Behm, 7716 Gold Dust Peale. Littleton. said she is the mother of a child who is a resident al Conununity Care. She said it is her belief. and the belief of all of the surrounding communities. that the two young killers of the students al Columbine High School could have been helped if someone in the community had recognized that they were troubled, alone in their fight ,.;th depression and shunned by their peers. As a community, we have an obligation to our youth, she said. as well as to all of the members of our community who are in need, to provide suppon and senices that will enable them to become contributing members in our society . She said she lives in southwest Littleron. and there arc a lot of reens in that area who are Wldesirable . They walk the streets at night, unsupeniscd . We have had our home broken into, she said, and these kids get into a lot of trouble. they play loud music , tlk.-y destroy propcny. and they cause a lot of fear in all areas of the city as a whole . We are not allowed 10 say "ho can live in our subdivisions, she said. asserting that it is wlfair that people and children in group homes arc nor allowed to be there either. She said her daughter suffers from severe depression. and has been unable 10 be kept safe at home . She was placed al Community Care after ha,'lllg been in some lockdo"11 facilities out of the city, and. since she has been there , she has made tremendous progress . She has a home to come home to when she is well, and we hope that will happen real soon. she said . Ms. Behm said a lot of the kids al Community Care have very supportive families. and there also are a lot of kids there that do not Conununity Care provides a structure for these kids. They are supenised twenty-four hours a day, they lcam to live in the colllJIIUllity, and to shun them and say thal they can not li,·e there is turning your backs OD our youth. She asked if they would radler have the kids running the streets unsupervised and untreated. or in a facility that can teach, guide and help them to learn what it takes to be a part of our community . A few months ago, she continued. there 'l''Cre several rcsidcnls at Community Care who were trouble-makers . After the neighbors complained about SC\'Cral incidents that occurnd, Community Care's clinical director. Kerry Golden, took the necessary steps to try and meet the needs of the surrounding community. He has implemented new rules for the residents. and continues to be open to suggestions and recommendations the neighbors have. The kids have been vel) responsive to the desires of the neighbors and have made tremendous gains towards being more supponi~·c of their needs and more respectful to them in the community. Community Care is not a group home. it is a residential treatment facility for healthy , menially unstable children, just like other medical facilities in the area are helping other ill people. Many therapeutic programs take place here. she said. Individual group and mult.i-farnily therapy sessions occur many times per week, with psychiatrists and social workers . An on-site school teaches students in a group setting, as well as individual teaching for students who do not function well in a classroom. Physical acti,ity groups meet wcek.Jy and trips to other athletic facilities occur as well . A registered nurse is on-site to monitor the medications and to offer medical assistance when a child is ill . The children learn to cook. clean, shop. do their own laundry and run a household, she said. They learn to get along with others, to ncgoti.11e, make compromises and build relationships . They learn ways of keeping themselves and others safe, and learn to bUSl adults. as well as their peers. The Slaff also equips them with the skills needed to apply for cmployrncnt. Some are already working sua:cssfully in the conununity and some are even lltfflding college . This would not have happened if not for this program. she asscned. Many have padualed &om this program and are going on to universities outside of the city . A lot of the children have been reunited with their families. and a few have not been so lucky and are now back in other facilities . To remove these kids and this facility from the area is taking away their home . It also sends a negative mcsugc to the community that we are not supportive of the needs of our youth. We are trying to place blame of a kid gone ucray OD someone else, but it is you, me, the neighbors and the community who need to support them. 1bcsc are not bad kids, nor do I believe that they are dangerous, she said. These are kids • I • 0 • • ,. . G 0 - Englewood City Council November I. 1999 Page 5 who do IIOI fit the mold of the standard American kid. for whalevcr reason, abuse, neglect or mental illness . Please don 't tum your back on these youth and the people who have committed their life's work to help them . Work ~ith them and help to show them that you can suppon them. she urged. but that they have to. in tum also respect and take care of their community. You can make them accountable but you can not hand pick who your neighbors arc going to be . Please allow Community Care to continue their work ,.;th the kids in this facility . The kids work. attend college . and panicipatc in community programs. and we . as Community Can:, have acknowledged our shortcomings. and have worked extremely hard to make the changes necessary to be allowed to stay in this neighborhood. she said To help these kids is to save , not only their lives , but the lives of others. Don 't let more tragedy strike. reach out and care. and make a difference in a kid's life, she said . (c) Josh Kester, 3444 South Marion SIRlet. said he is a former resident of Community Care and is now a graduate . Community Can: has helped me make positive changes. he said. and become an honest. responsible member of society . Before Community Care . I was overcome by my mental illness. but after Conununity Care. I ha,·c mainlained my own apanment and kepi a JOO for over a year and a half. Before Communi~· Can:. I was financiall y dependent on the mental health system. he said . now I am completely self-supponing. Before Community Care . I was assauluve and full of rage . he said . and :iftcr Community Care, I gained skills to control my beha,ior. Before Co mmunity Care. others controlled my life , now I make decisions by myself. Before Conununi ty Care . I was in numerous placements in lockup . and now , those things are way bellind me . The road to" here I am now was long and difficult. he said . Community Care gave me the time and chances to make necessary changes . This is a simple versi on of how I feel. he concluded. and Conununity Care is a wonderful program and has helped me immensel y. (f) Sandra Dohm . 4360 South Akron StreeL ad\1sed that she is the mother of a boy "ho graduated from Community Care this last August. 111c group homes in a City like Englewood arc a vitally imponant pan of the life of the City , and should IIOI be excluded from residential neighborhoods. She said her son lived at Community Can: oo South Corona for O\·er a year. and that ended in August. He benefited tremendousl y from the program there . which addresses ~·chiatnc needs . as well as beha,ioral needs . He had both beha\ioral and psychiatric problems . 111c c:anng, kno" ledge . expcnencc and dedication of the stalT make that program work . 111c small-scale residcnual setting in a real neighborhood makes it possible for them to work their program. Community Care is a home away from home . not an institution. she assencd. and that is a very imponant distinction . It is a place where they can learn skills that will help them 10 fit into a true neighborhood setting. wherever they li\'C. It is impossible to achie\'e the feeling of a home . she said. away from a residential neighborhood. and the alternative is an institution. which is usuall y cold and impersonal. Community Care is a valuable resource for the Englewood communi~·-It houses children whose families live in the south Denver metropolitan area. including Englewood. Families can visit regularly and maintain contact ~th the child. If you ban a place Ii.kc Community Care from a residential neighborhood. you are making it very difficult for them to find other places to be that would allow them to be integrated into the community, she said It also helps the Englewood economy with its purchases and payroll , she added . Lastly, Community Care is about the future of our at-risk youth, she said. These youn g people need our help to become responsible and productive citizens. lfwe do not afford them that help, such as Community Care offers, we risk losing them at a much higher price to society. Being able to live in a neighborhood setting is an imponant pan of that help . She said she hopes Council "ill consider being supportive to the Community Care program. (g) Da\id Fine, 2042 Fairfax Sttect, Denver, advised that he is an attorney and was asked to take a look at the proposed zoning ordinance. He said he wanted to speak simply about the legal issues , not any panicular factual issues. He said he has identified a number or legal concerns ~ith the proposed ordinance, one of which concerns the Fair Housing Act He said he believes this ordinance would not pass IIIUIICr under the Fair Housing Act, nor the State Slalute which deals ~th the licensing of homes such as the Community CaR home. The State Slalute autbori7.cs the location of homes such as this in aeipbortlooda without the typCI of conditions that are placed on it by this ordinance . Mr . Fine felt that -of the inlcmal inc:onlillCDCia in Ibis otdinancc, as drafted, would undermine attempts by the City 10 ) I • 0 • j • Englewood City Council November 1. 1999 Page6 I¥,, ., ~ --. • e -.. justify it by pointing to certain concerns that it attempts to ~-He said he would be happy to speak with members of the Council or to the City Attorney, about this specifically. He said he wanted to state for the record the categories of concerns that he sees . He said he has advised homes such as this. and also municipalities, on the Fair Housing Act. so be has had quite a bit of experience looking at this question. (h) Jon Gaffney. 14406 East Tufts Place, Aurora. said he would like to speak on behalf of Community Care . He said his son is CUITClllly under treatment at the Community Care facility on South Corona. Mental illness not only affects the paticnls themselves, he said. but it affects the whole family. Community Care treats the family as a "'·hole . He said not only has it helped his son medically and psychologically, but it has also helped him and his "'ife to deal "'ith an adolescent with mental illness. For many of the kids there. Community Care is the only community they know. he said. The people there work from the bean. Mr. Gaffney said his son has been in and out of treatment facilities for a few years. and this is the first treatment facility he has been in that has really looked at him as a person . It has helped his son and the family, he said. and has taught his son and the other residents to trust other people, to live safely in the community. and to build relationships, IIOI only within themselves, but also "'ith the staff and with some people in the community. Tbat is a very important issue for some of those residents , he said. The staff is a very special group or people, and we would like for Community Care to be able to continue helping families and helping other kids . Mr. Gaffney asked Council to please look at these kids as adolescents and as future helpful members of society . (i) Bill Fuchs. 3539 South Corona Street. lives immediately adjacent to Community Care. He said he has heard all the success stories. and he applauds their efforts and is glad that things work . He said he would like to ask these folks if they would like to have twenty adolescents tha1 are in care living next door. He said that is what he goes through day in and day out. He allowed that things ha\'e gotten better and he said again thal he applauds their succcsscs. as there is a need for places like this. He said he feels they need to be broken down into smaller units. Some of the original documents state that there is going to be one COW11Clor per unit. He said he docs not sec that or evidence of that. particularly at night. Mr. Fuchs said he feels it is too concentr.ucd a facility for the type of environment around there . It is R-2 residential, he said. and there is a duplex to the south of him. When he moved in. this place was high end rental units. There were not C\'Cn any children there and it was a real quiet neighborhood . It has gotten about ninety percent better than it "''35. he allowed. but he hates to ha\'e to be a policeman for his own neighborhood, and he is afraid it is going to slip. We ha\'e gone both ways where it has gotten worse and better. Again. he said he applauds their efforts, but it needs to be broken down into smaller units. and he is sorry if it is not as economically viable for the ownc, to do it that way. but. he feels , that is the way it needs to be approached in Englewood . Tbat is more of a due diligence process for the residents of Englewood . (j) Terry Creech, 1259 York Street. Denver. said she is the Program Dircc1or at the adult facility at 3034 South Sherman Street She said she has a few shon letters that will say more clearly about what it is like living and working with these clients. She said she has worked with them for four years in this position. A very smart man once said that we can judge ourselves as a society by how we treat our mentally ill, she said. She said these few shon letters were written by the clients over at the adult facility thal say things much better than she feels she could. "To Englewood City Council. I am a forty-four year old client of Community Care. A year and a half ago, I was the pastor of a six hundred member church in Florida. I suffered what could well be called a breakdown and ended up in a hospital psychiatric unit I spent two and a half months going in and out of the hospital, spiraling down, and attempting suicide . At that point. my insurance company approved six weeks of inpatient hospital treatment The question then became what next Everywhere the pattern was the same, two or three weeks of inpatient treatment followed by outpatient. I had already demonstrated that model did not work for me, so there I was, too well to be in the hospital, but not too sick to be on my own. Community Care provided for me a unique place. allowing me to be in residential treatment for six months, followed by more than seven months of outpatient care. Because of the Community Care group home, I have been able to get stable on psychological medications and to gradually re-enter the workforce. I am convinced that without this option, I would either be dead by my own hand, or perhaps warehoused at the state hospital . I seriously ) I • 0 ------~-~---------------.--------------~---~~--~--- • Englewood City Council November I, 1999 Page 7 .. ,,-. G 0 - doubt that I would be at this path in my improvement. I understand that there arc complaints about police disturbance calls to group homes . Will you plan also to evict from the city limits families where domestic violence calls have been made, and will you be throwing out families with teenagers whose behavior leads to phone calls. If a few police calls arc providing your rationale for eliminating group homes. then please be fair and spread the blame around the board. I would urge you to connect the good that a group home such as Community Care does. and ask you to noc take away these healing centers of care." Ms. Creech also read "Whal Community Care has done for me . Prior to entering Community Care. I was in and out of psychiatric hospitals for four or five years . I was willing to try Community Can: in about January of 1996 . I was into self-abusive behavior, in particular cutting. Community Care did what hospitals were not able to do-help me find out why I was cutting and find more appropriate ways of expressing my feelings . I have had my ups and downs. and the Community Care staff has been there when I needed them . I am currently living in an apartment, yet I know that Community Can: is there if I need them I anend a few groups a week and I am starting a job that will utilin: my lawyering skills . I also act as a client advocate for both the adult and adolescent Community Care programs . I am also the president and secretary for the Community Care advisory board. Community Care saved me from what could have been a ve~· long Slay in the State Hospital." Ms. Creech said her last one is difficult to read but is very endearing to her ... It has taken me almost five years to get where I am now . If it wasn ·1 for Community Care. I would stJU be a wnx:k . This program has taught me how to live independentl y. and I am °"'"' working . A law• lik e the one that is in the air would totally devastate my treatment so please be conS1deratc Thank you for yo ur ume." Ms . Creech passed out copies of the letters to the COW1Cil members . (k) Casey Stockwell . 3919 South Washington Street said he would like to address some of the points that were made. One lady did not like the misdemeanor clause because they would have to close or throw out a person because of one offense. he rccallcd . Whal the wording in this docs is actually protects the building, because if you have one unhappy set of residents li\;ng next to a group home . and they make a series of fifty or a hlllldred calls, you can not judge w·hcthcr the group home is in the way of the residenlial area by logging that . So that is noc a good wa~· to judge it so one good w-ay to judge it is by how many actual, physical tickets arc actually gi\·en to the residents of a home. he explained. That would be the same as any residence . This gives some teeth to the police and takes it out of the theoretical and puts ii into the practical, leaving it up to the written laws and for the police to enforce. rather than just having some disgruntled people calling in and complaining about neighbors that they do not like . If this one person did have a series of tickets. the legal system would be taking care of them an~~-a y, and the group home would not have to throw them out. As to the Slatemcnt that there is no clear classification for over eight people in a unit. that is not true, he said It is very well spelled out. A 1,250 foot clarification. two facilities for one group home. that is the whole point. it speaks to density , it does not disallow a facility from having more than one wlit. but ii does nol allow them to be too concentrated in one area. that is the whole idea of ordinances. As for the parking, to say that the kids do not drive does not address the fact that the staff members do drive. In certain residential areas, there just is not the physical space for the whole staff, plus all the people who visit. What needs lo be addressed is the fact that there arc. for the 1.2 50 group home distance clarification. there is something in place for exceptions and review . As a citizen. he said, I really support the good work that this group does , and there is room in our community for this kind of wonderful work . I applaud the fact that we an: considering adding another group home for homeless people in Englewood, but we have to realiz.c: that you do not have the ability to handle that kind of density in ccnain areas. This, he said, is set up just to address density and it is not set up to keep it out of Englewood, but to pm it in the appropriate residential areas. They could still be in residential areas , and still be in the commwlity as useful members of society, but they could do it. for instance. in an area where thal many people are allowed to live in one group building, like where apartment buildings are allowed . Tbal is probably where they are going to move, anyway, when they graduate, he said They arc not going to move into a single family house all by themselves . Mr. Stockwell rccallcd the comments of the lady who asked if you would throw out families who have bad kids. In a single family dwelling, you have at least ooe to one kid to adult supervision. Y cs, those kids would get tickets. and the kids could be sent off. Tbal happens to residcnt.s. too . He said he just wants to support this group and also remind them that there • I • 0 - •r • -• Englewood City Council November I. 1999 Page8 ; .... .. • • - arc approprialc places for group homes and that the City is not trying to throw them out. but simply to help them fit into the City . (I) Paul Schmitz, Program DiRctor for the COllllllllllity Care Residential Treatment Center. said this is the thiJd time be bas appeared before City Council, over the last leYCII weeks, be said. This is since September s• when a group of what appears to be two to nine conccmed citizens. spoke to the City Council, with little warning to us. He said be continues to be very conc:cmed about developments in a city that we have bad a clole relaliooship with. Mr. Schmitz said be ,... speaking as a citizen and as an employee of Community Care. He asked Council to 110CC the events of Friday last week, in Cincinnati , wbeR a public lldlool ,... shut down and nwncrous kids were pulled aside . They probably suffered from the same issue that our kids do, and that your kids in your open community do also, especially the type that wen: involwd in the Columbine situation. Mr. Schmitz said be feels strongly that this society is in a state of paranoia around adolescents and youth. He said be feels we fiequendy fail to see those who are older, who are IOIIIClimes in suits, that are a clanger to the grcacr society . You have a very careful process to consider here, be said. He said be bas beard in all the testimony Council bas considered to date that the Fcdcral Fair Housing Act bas been considered. He said be cited in one of his testimonies recently that a Supreme Coult decision, Olmstead vs . Georgia, should be carefully considered . Thal wiU have some impact on this situation, be said. If our society continues to separate ourselves as to upper class , middle class. lower class. people that are mentally iU, people of color, then we will have to set up prison camps. which appears to be the direction we are beading in . Mr. Schmitz said he worked a number of times with local SlalC senators on a number of research projects, including Senator Dorothy Rupen out of Boulder. She WTOlc a repon to the State Legislature on the growth factor in the Stale of Colorado . Seven hundred and seventy-seven percent in six years in prison beds, and that includes juvenile population, he said. We work closely with the Division of Youth Comctions as consultants on their internal programs . They are currcndy reporting thirty to seventy percent of their population is mentally ill. Mr. Schmitz said he feels there arc some very serious decisions to be made here. We are readily available to you and to be c:onsultanu to you, be offered, and we have said this to the Englewood police depanmcnt. I have also said this to Mr. Sears and other officials of the City . We would rather work with you cooperatively , that is our preference, be said . We are DO different than anyone sitting on the Council . None of the family members that arc here have issues that are any dilferellt than many families in this community . lo clo5ing, be said approximately five weeks ago, the FBI published a report out of the Office of Juvenile Juslice and Prolcction . He suggesled that Council acquire that repon. The most dangerous adolescent person in the United SIIICS, currendy, is a white, middle class to upper middle class male . lo DO way do they speak to the identified mcntally ill population, but clearly, with the expenise that sits with my team. be said, with Dr. Bruno and ochers who have worked with us for two decades, you probably have many of these kids sleeping in your community currcndy . We have had a good relationship working with the impact team here, and we look forward to further cooperative efforts with the City . 8. Communicatioll .. Proclamatiom ud Appoilla-u (a) A resolution appointing Kendra Grazulis as a Youth Member of the Parks and Recreation Commission was considered. RESOLUTION NO . 96, SERIES OF 1999 A RESOLUTION APPOINTING KENDRA GRAZULIS AS A YOU1ll MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . COUNCIL MEMBER NABBOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (a) -RESOLUTION NO. 96, SERIES OF 1999. Ayes : Council Members Nabbolz, Garrett. Bradshaw, Habenicht. Waggoner. Grazulis, Burns Nays : None • I ) I • 0 • • Englewood City Council November I, 1999 Page 9 The motion carried . t, ,, .. • • - Mayor Bums thanked Ms. Grazulis for her willingness to serve and said we are happy to have her. 9. Public Hearin& No Public Hearing was scheduled before Council . 10. Coaaent Acenda (a) Approval of Ordinances OD First Reading COUNCil.. MEMBER WAGGONER REMOVED AGENDA ITEM 10 (a) (ii) FROM THE CONSENT AGENDA. COUNCil.. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i) AND (w"). (i) COUNCIL BfLL NO . 6.5 , INTRODUCED BY COUNCIL MEMBER BRADSHAW ... A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 14.5 TO TIIE SOI.Jll!GA TE SANITATION DISTIUCT CONNECTOR'S AGREEMENT FOR TIIE INCLUSION OF LAND WIIBJN 1llE DISTRICT BOUNDARIES . (iii) COUNCIL BILL NO. 67, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE OF TIIE CrIY OF ENGLEWOOD, COLORADO AI.Jll!ORJZING AND APPROVING TIIE LEASE-PURCHASE OF COMPUTER AIDED DISPATCH AND RECORDS MANAGEMENT SYSlcMS EQUIPMENT FOR TIIE CrIY. Voee reaaha: Ayes : Nays : The motion carried. Council Members Nabbolz, Garren, Bradshaw. Habenicht. Waggoner, Grazulis, Bums None (ii) A recommendation from the Utilities Department to adopt a bill for an ordinance approving an amendment to Cbeny Hills Village Water Service for Viking Drive was considered. Council Member Waggoner told Director Fonda that it has been quite a few years since there were some problems with Little Dry Creek where mud and debris and stuff came down Little Dry Creek. Mr. Waggoner said we may still have that problem. But the debris comes down through Cbeny Hills Village and accumulalCS under all of the bridges and crossings along Little Dry Creek. He asked, if wc pass this ordinance, if Mr. Fonda supposes that wc could get some attention from Cbeny Hills Village in order to clean up Little Dry Creek so that we do not have that happening again. Mr. Fonda said be did not know , the two arc not connected. Mr. Waggoner said be undcntands that they are not connected. but be is trying to get their attention. Mr. Fonda said we could certainly ask, but this has been under negotiation for quite some time, and be sees no reason not to go ahead with this and then ask them about the other. Mr. Waggoner said be would agree with dial. just so we ask them. because we need some assiSlaDCC in getting some of the trees and stuff along Little Dry Creek cleaned up so they do not end up clown in Englewood. He said be remembers some of the commcDIS that were made by some of the Cbeny Hills residents at the lime . They said they did not care what bappcncd to Englewood., as it is clown stream . · • . . . --·------~--- I • 0 . ]- • • • Englewood City Council November I, 1999 Page 10 ,, i • ,, .. . . .. "' .. • _. • • -... COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (a) (ii") ON FIRST READING. DifflCIOr Fonda added 1hal WC could also tie Ibis illlo -discussions OD their request for the City of Englewood to take over maintcnana: of their sewer system. Ayes : Nays : Council Memben Nabbolz, Ganett, Bradshaw, Habenicht, Waggoner, Grazulis, Bums None The mocion canied. (b) Approval of Ordinances OD Second Reading COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (I), (Ii) ASD (Iii) ON SECOND READING. (i) ORDINANCE NO. S6, SERIES OF 1999 (COUNCIL BILL N0.62 , INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN 1llE CITY OF ENGLEWOOD, COLORADO AND 1llE ENGLEWOOD SCHOOL DISTRICT, PERTAINING TO 1llE COOPERATIVE BEAUTIFICATION PROJECT ON 1llE NOR111 PLAYGROUND AREA ALONG SOU111 BROADWAY ON 1llE FLOOD MIDDLE SCHOOL PROPERTY. (ii) ORDINANCE NO. S7 , SERIES OF 1999 (COUNCIL Bll.L NO . 63 , INTRODUCED BY COUNCIL MEMBER HABENICHT) AN ORDINANCE AMENDING 1llE CITY OF ENGLEWOOD COMPREHENSIVE PLAN TO SUPPORT 1llE REGIONAL URBAN GROW111 BOUNDARY DESCRIBED IN 1llE MEnO VISION 2020PLAN . (iii) ORDINANCE NO. SS, SERIES OF 1999 (COUNCIL BILL NO . 64, INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AU1110RIZING 1llE VACATION OF A PORTION OF AN EASEMENT AND 1llE ACCEPTANCE OF NEW UTILITY EASEMENTS LOCATED AT CITYCENTER ENGLEWOOD . Vote realu: Ayes : Nays : The motion canicd. Council Members Nabholz, Ganett, Bradshaw, Habenicht, Waggoner, Grazulis, Bums None (c) Resolutions and Motions COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (c) (I). (i) A CONTRACT WTill GLACIER CONSTRUCTION COMPANY FOR CONSTRUCTION SERVICES FOR 1llE TRICKLE FILTER CHEMICAL BUILDING REMODEL IN 1llE AMOUNT OF $32,969 .00 . .· .. I· 32 I • • Englewood City Council November I. 1999 Page II Voce raultl: Ayes : Nays: The motion earned . 11 . Rqular A11tnda .. ,. .. • ' . ' - Council Members Nabbolz. Gam:tt. Bradshaw. HabenichL. Waggoner, Grazulis. Bums None (a) Approval or Ordinances on First Reading (i) Director Ross presented a m:ommendalion from the Department of Publi c Works to adopt a bill for an ordinance approving an Intergovernmental Agreement "ith th e Colorado Department of Transportation for construction of Broadway widening and medians. Mr. Ross ad\i sed that the City 's transponation improvement program request to widen and improve Broadway between Highwa y 285 and Yale Avenue was approved in the 1997 PIF. City Council approved the Intergovernmental Agreement with COOT to participate in the design of these improvements in 199 8. he said . Now. des ign is nearing completion and we need to amend the agreement to include construction. To qualify for fed eral funds . a twenty percent match is required. and COOT agreed to partner with us on the requ ired march in return for the City of Englewood accepting Broadway south of Highway 285 to Belleview. and making that part of our City street system . If City Council approves this !GA. he explained. we will proceed to advenise and bid this project, and then wc will be coming back to Council in January to award this proj ect to the low bidder . Construction could begin in February, he said Construction of these improvements are expected to take about nine months. Council Member Habenicht asked bow these improvements would affect the speed at which vehicles travel on Broadway through Englewood . Mr. Ross said this could potentially have a more calming afl'ecL. because these improvements are ll)ing to improve the livability of this street. We are going to have landscaping, a landsc:aped hardscape median. which will be a raised median in the middle ofBroadway . Hopefully, that will cause people to calm down and take a look at the landscaping as they arc drivin g through. instead of just racing into Denver. Ms . Habenicht asked if it would preclude us al some time. if it should become imponant to the ci tizens . from lowering the speed limit. Mr. Ross said we could cenainly do that Council Member Nabbol z said some of the businesses would definitel y be impacted. especially from Floyd to Yale . One of them. B and B Conoco . is specifically concerned with the median. and being able to gel their transport trucks in. and whether they are going to be able to negotiate the turns. She said she would recommend having some discussion with the owner. as he has invested a lot into that propcny . Mr. Ross said that is the first be had heard of the transport truck issue . Ms . Nabhol z said she. too , had just beard of it and she had not really looked illlo how that would impact those trucks going in and out of there . Mr. Ross said the Public Works and Neighborhood and Business Development staffs have been working with the businesses all along that corridor. It is a big concern to be getting these kinds of comments at this late siage, be said Obviously, wc want to take these plans to the next step in getting it built, and we can 't do that if you keep modifying and changing these designs at this stage, he said. We will make one last effort, speak with Ibe owner, and find out what his concerns are as far as where those trucks come in and what needs to be done . Mr. Ross reiteraaed that a lot of staff time has been invested in tJying to meet with these people and get Ibeir concurrence . Ms . Nabbolz said she appreciates that . Mayor Bums said wc have bad compliments from EDDA. the Chamber of Commerce and the businesses about the sensitivity of the staff and bow much contact there has been with the businesses along these routes. You really have gone out of the way to try to communicate with these businesses, be stated. He I • 0 • • • Englewood City Council November I, 1999 Page 12 ·• ,-. • G - said he would like to ask a similar question about just the construction phase itself. and whal kind of affect thal may have on the businesses. or just the movement of vehicles . Mr. Ross said. obviously, we are going to write into these specifications that they occd to be able to do the ir work, but keep uaffic moving along Ibis corridor. The idea is to swt the constructioo al Highway 285 , and then proceed to the north to Floyd. The idea here is to try to get that done in the first six months. Whal we would like to sec happen, is to get the downtown portion complcted so it is done aa the same time that light rail opens. Obviously there is going to be a lot of bus traffic and connector lraffic associated "ith the light rail grand opening. he said. and that is where wc want the coniractor to concentrate . Meanwhile. to the nonh of Floyd. tbcrc is some undcrgrounding that occds to occur. Public Scni cc Company MIi be undcrgrounding the utilities in there, so wc \\ill have to give the contractor a place 10 "-orlt 10 the south. an d then as soon as Public Service Company vacates that area, they Mil RIO\ -c to the area nonh of Floyd. he advised. The Deputy City Clcrlt read the council bill by title : COUNCIL BILL NO . 68 , INTRODUCED BY COUNCIL MEMBER HABENIClIT A BILL FOR AN ORDINANCE AlITHORIZING THE uCONTRACT AMENDMENT #I~ TO IBE INTERGOVERNMENTAL AGREEMENT' BETWEEN THE CITY OF ENGLEWOOD , COLORAOO AND 1llE STATE OF COLORADO FOR THE USE AND BENEffi OF THE DEPARTMENT OF TRANSPORTATION (COOT) FOR 1llE CONSTRUCTION AND FUNDING OF THE PROJECT TO WIDEN AND CREATE MEDIANS ON BROADWAY BElWEEN U.S . 285 AND YALE A VE NUE IN 1llE CITY OF ENGLEWOOD . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 68. Ayes : Council Members Nabholz. Garrett. Bradshaw, Habenicht. Waggoner, Grazulis. Bums Nays: Nooe The motion carried . (ii) Senior Planner Graham presented a rcconuncndalion from the Dcpartmc111 of Neighborhood and Business Dcvclopmenl to adopt a bill for ao ordinanc:c appl'O\'ing an Intergovernmental Agreement Mth the Regional Transponation District regarding environmental asscssmclll al the General lroo Worlts property. He said the item before Council was the lntcrgovcmmclllal Ag,cemcnl that the staffs of R TD and the City of Englewood had negotiated to conduct cnvironmclllal assessments at the Geocral lroo Works property, which wowd cover both the potential of a maintenance facility of RTD and other dcvdopmenl potentials, including residential . The agreement, he said. also contemplates Iha! the Ci ty ",II be using funds from the EPA grant, from the Brownfield grant. in the amount ofSI00,000 .00 10 pay for our pan of the assessment. The agreement also anticipates that there MIi be future ag,cemcnts if the results of the assessment suggest that residential development. for inslancc, would be possible on this site. This is the ilem that relates to the letter from Cal Marsella, he said. thal was distributed at the Study Session. Both the City staff and the RTD staff would urge your suppon for this ag,cemcnt, he concluded. Mayor Burns said he was pleased to receive Ibis lctler because paragraph five, Wider conditions, was a little open-ended, to say the lcut. Mr. Gnbam agreod. Mayor 8111'111 said he had intended to call that to everyone's attention tonight. but spoke with City Manager Scars about it Ibis afternoon. and this letter does clarify that for us, he said. The Deputy City Clerk read the council bill by title : • ' . .. I • --- • , I • • • Englewood City Council November I. 1999 Page 13 - COUNCIL BILL NO . 69, INI'RODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN 1llE CITY OF ENGLEWOOD , COLORADO AND 1llE REGIONAL TRANSPORTATION DISTRICT, REGARDING ENVIRONMENT AL ASSESSMENT. COUNCIL MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 69. Ayes : Council Members Nabholz. Garrett. Bradshaw, Habenicht. Waggoner. Grazulis, Bums Nays: None The motion carried. (b) Approval of Ordinances on Second Re:iding (i) A bill amending sections of the Englewood Municipal Code pcnaining to Group Living Facilities and Pri\•ate Off-street Panting Standards 10-as considered. COUNCIL MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (b) (i) ON SECOND READING. Council Member Waggoner staled that we had a Public Hearing on this two weeks ago , and it is too bad these people did not show up al that time to make their comments known. In view of that, and some of the commcnu that were made , he said he would move that we postpone this council bill until our attorney can get together with the momcy lhal expressed a COIIOCf1I about some of the Fair Housing Act concerns . COUNCIL MEMBER WAGGONER MOVED TO POSTPONE UNTIL THAT CAN HAPPEN. There "-as no second to the motion . Council Member Habenicht said there is a motion already on the floor . Council Member Bradshaw said she would not withdraw iL Mayor Bums said there is a motion on the floor which is not withdrawn. He suggested that we have more comment at this time . He said he feels it is unfonunate that =·era! people who spoke tonight seemed to characterize that Council is not caring about these young people and are indeed wanting to have group homes removed from the community . As Casey Stockwell , a member of the Planning Commission. said in his remarks, that is not what we are about at alL he said . We arc simply trying to control these facilities in such a way that they benefit the community, but also are acceplable to the residents . Mayor Burns said. frankly, characterizing the residents affected by this as being paranoid is hardly appropriate . They have been din:ctly impacted by these facilities next to where they live, he said. The community at large applauds the successes of the group homes and we are not against that at all, he said. and we arc not aucmpting to put group homes out of the community . We are just trying to have reasonable controls over them, be said, so that they can live in harmony with the neighborhood and vice versa. Mayor Bums ISliCncd that some of the charactermltions thal were made of the Council tonight and some of the citizens were really not appropriate . Council Member Bradshaw said she feels that Englewood bas done more tlwl its share of helping our meiully ill population for om-lMllly years, but CDOUgh is enough. She said she is responsible to her comlillalts in EngJewood. 111d 1111 RICICivcd IIWIICIOUI complainls since she got on Council two years ago about the opellllion of these homes. This is an iuue of density, she assencd. Too many in one spot. not discrimimrlion. • I • - • • -• Englewood City Counc il November I, 1999 Page 14 !.-, .. p /" . • ... • • ' Mayor Bwns said, as far as providing housing for low and modcralc income people, be chaired the Englewood Housing Alllhority for twenty-five ycan and bas dedicaled a lot of time in his life to housing people who need accommodations. This is anocbcr type of thaL He agn:,cd that Englewood bas supported tbcsc kinds of facilities for many years . It was not lllltil the citiuos came to Council with their complaints thal we realized what a difficult time they wen: having. Mayor Bwns said his heart goes out to the parents of tbcsc children. He said be bas met pualts who bad children who were not just mentally ill, but were also severely disabled. The tremendous cballcngcs they face arc rcally amazing, be said. They arc, many of them, like saints to put up with what they have bad to live with in their lives, with the unfonunate hand they have been dealt We arc not attcmpling to remove tbcsc facilities from the commwlity, he said. We have gone over the legal issues on this with our spccia1 counsel, before and after the public hearing. He asked City Attorney Brotzman if be would like to comment on an y of these issues. and whether he felt it would be beneficial to meet with the counsel who appeared here tonight Mayor Bwns said he feels we have been through tbcsc issues to some extent City Attorney Bl'OIZlllall said be was comfortable CW1'Cllli)' •ith the legal Slalus of where we are in this. bur . if Council would like to talk about policy issues, that is ecnainly something we could discuss . As to the legal issues, we arc comfortable with the legal SlalUS. wc micwcd lhc cases when Don Elliott was here , and wc have indicated to Council what the risks arc and where the potentials arc . Council Member Bradshaw said we have adjusted accordingly . Mr. Brotzman said yes . we ha\"e adjusted accordingl y. Council Member Nabholz said she agn:cs •'ith Council Member Bradshaw. It is sad. and, as a parent, she said her heart goes out to them. but she also bas an accoun~ihry to her constituency . There have been numerous. numerous calls on South Sherman. she said. and again. 'll'C arc talking density . Council Member Habenicht said she docs DOC thiak anyone is tr)ing to get rid of group homes , or say anything neplive about any of the programs. Shc uid she is sure they arc very good and very strong and very valid. She bcliaa the spirit ol poup i-s is thc dilbunal of group homes throughout the entire IIICIJo commwlity. Whal we arc seeing here is a conecnlJlltion. and that concentration is what is bringing 10 our attcdion an issue. a problem. Thal is the iSIUC we arc tr)ing to address, and she said she would hope thal everyone bcR: would recogniu lbal lbal is an imponant thing. We all need to work to make sure that thc spirit ol this whole law is dealt with approprialcly. in terms of disbursal of group homes throughout an entire metropolitan area. she said. Thal is one of the things that we arc rcally Uying to address, she said . We have bad other kinds of issues like this in the past where we have had to make some changes because things have changed around us . We have bad to change some of our zoning because of the impact of the recycling business that we thought would be wonderful right next door to us . But then we had thal fire at Cedar Mountain, that said no, no, no, thal rcally isn't the right thing to have here . We had that same conecm when we had the disbursal of temporary labor, she rccalled . We thought it was a really good thing to have, but the location needs to be compatible within the commwlity and the neighborhoods . This is just the kind of thing we arc talking about. She felt it was responsible to take those kinds of density and zoning issues into accounl After the Public Hearing, she said, she was very impressed that there was some concern about grandfathering in . She said she would like to introduce an amendment that would eliminate the grandfathering in of existing facilities . City Attorney Broczman said there is an existing use clause in Section 14 of the ordinance. It allows those thal are currclllly in conformity with the ordinance to remain . Mayor Bums said lhcrc is a motion on the Ooor. Ms. Habenicht said she was moving to amend, and an amcndmclll is appropriate. Mayor Bwns said ii is appropriate before the motion. COUNCIL MEMBER HABENICHT MOVED TO AMEND BY ELIMINATING THE GRANDJA TBERING IN PORTION or THE BILL • . ' I • 0 • • Englewood City Council No\-ember 1, 1999 Page 15 '. •' • .. • - Mayor Bums asked City Attorney Brotzman to explain what that really means. City Attorney Brotzman said, if you c1iminale Seaion 14, which is tbe exisli.ng use provision, that mcam several things . One is tbo&e that are curreotly in areas that would be in DOD<Olllpliance with tbe ordinance would then eilher have to bea>me in compliance with tbe ordinance, some al them migbl need a condilional use permit, or Ibey would be in no1KOmpliancc and lhen you have a takings issue. One is. did tbe government regulale, and tbe answer is yes . The second is. what is the economic harm because we eliminated that use in that area . So a group home would have to come and say because you took our group home , here is the cost to the City for tbal taking. Council Member Habenicht asked about an amortization clause . Mr. Brotzman said that is another provision that could be used, and which we actually did use in day labor. In that area, we amortized the businesses over a period of time to allow them to remain and 10 reduce the economic harm 10 the City through tbe laking. Ms. Habenicht asked bow she would add that to her amendment Mr. Brotzman said she would request an amortiDtion period to allow them to recoup their investment in the property . You cou1d set it ower a period of years if you would ralber, be added. Mayor Bums said be would like to clarify. lfwc eliminate Section 14, does that not make it more difficult. be asked, on tbe homes question. City Attorney Brotzman said absolutely. Some of these have actually gone through the process of getting a non~nforming use permit to be there, and if they are in non- compliance for some reason, you would actually be saying you can no longer be there , so we would be taking their property ' Council Member Waggoner said, in that panicular instance, you would have 10 determine which one was there first and tbal one could stay. Mr. Brotmlall said you would actually be sa};ng, to someone who was actually there, you can not remain. Council Member Bradshaw said then you have damages . Mr. Brotzman said that is rigbl Council Member Garrett said that, if you bad two. but for distancing. you would have to pick . Mr. Brotzman said that is rig)u . COUNCIL MEMBER HABENICHT MOVED THE AMENDMENT WITH THE AMORTIZATION PERIOD or FIVE YEARS. There was no second to the motions to amend. Council Member Grazulis commented, regarding the legality iSAICS and the Fair Housing Act, as long as our attorney is sure that we are squeaky clean. She asked if City Attorney Brottman feels comfonable with this. Mr. Brotzman responded affirmalively. He added that be is comfonable with the law as it currently stands. There is no case law as to this distancing provision, be said, in tbe tenth circuit, and the jurisdictions were split We arc comfonable with the jurisdictions that said you can have distancing. Council Member Waggoner said be is still concerned about business-type homes in tbe single family rcsidcnlial areas, and, as be did on the first reading. be will voce no again. Mayor Burns asked for the voce on the motion to adopt COWICil Bill No . 56 on second reading. ORDINANCE NO . 58, SERIES OF 1999 (COUNCIL BILL NO. 56, INl'RODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TII1..E 16, BY AMENDING CHAPTER 8, AND AMENDING CHAPTER 4, BY 1llE ADDmON OF A NEW SECTION 23, ENTITLED "GROUP LIVING FACILITIES; AND AMENDING CHAPTER 5, SECTION 5, E~ "PRIVATE OFF-STREET PARKING STANDARDS.~ OF 1llE ENGLEWOOD MUNICIPAL CODE 1985 . • ,. .. .. ) I • 0 • • • Eoglewood City Council ~1.1999 Page 16 Ayes : Nays: 1bc motion carried. i~ ••• • ,. ,,,,, ..... • • -' ... Council Members Nabbolz. Gama. Bradshaw. Habenicht, Grazulis, Bums Council Member Waggoner (c) Resolutions and Motions .. (i) Director Eaton presenlCd a recommendation from the Human Resources Department to adopt a resolution approving a Collective Bargaining Agreement between the City of Eng)cwood and the Englewood Police Benefit Association for 2000 and 2001. Ms. Eaton urged passage of the resolution. 1bc resolution was assigned a number and read by title : RESOLUTION NO . 97, SERIES OF 1999 A RESOLUTION AUTHORIZING TIIE COLLECTIVE BARGAINING CONTRACT BETWEEN TIIE ENGLEWOOD POLICE BENEFIT ASSOCIATION AND TIIE CITY OF ENGLEWOOD FOR TIIE YEARS 2000-2001. COUNCR.. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c:) (i)-RESOLUTION NO. 97, SERIES OF 1999. Aves : Council Members Nabholz. Gama. Bradshaw . Habenicht. • Waggoner, Grazulis, Bums Nays : None 1bc llllllion carried. 12 . Gaenl Diacuuioll (a) Mayor's Choice (i) Mayor Bums reminded everyone that the Holiday Parade would be on Saturday . He said he hoped everyone could be there. (ii) Mayor Bums recognized that this would be Council Members Habenicht's and Waggoner's last full meeting with City Cowicil . He said that Council Member Waggoner has not only been oo Council for eight years, but was Public Worts Director some twenty-five or twenty-six years before that. He has been of service to the City of Englewood for thirty-five years, which is just an amazing record of long time service to this community, he said . He asked for a round of applause and expressed his thanks to Mr. Waggoner . Mayor Bums said Council Member Habenicht has been oo Council for twelve years and is our longest serving Council Member. He said if anyone loves the City of Englewood, it is Alex Habenicht She has demonstra&Cd that in more ways over the years than anyone be has ever seen on Council . From sort of rescuing the Parade, which looked like it might give up the ghost this year, to many other things that she bas done in the community tlvough her dedication to the arts, and keeping us dreaming when we needed to on projec:ts where we needed something special happening in Englewood, including the CityCenter project . Thal started out as a big box retail project and turned into something very different Ms . Habenicht bas always kept our feet to the fire on those kinds of issues, be said. Twelve years of service is a long time on Council, and she is now Mayor Pro Tem He said there will be a special reception for both Council Members oo November I~-Mayor Burns asked for a round of applause for Ms . Habenicht (b) Council Members' Choice • .. . ' I • 0 • • .. • ---. • ,_ "!., • -... Englewood City Council November I. 1999 Page 17 (i) Council Member Nabbolz : I. She said Council Member Waggoner bas always kept her accounlable and laughing. We are going 10 oootinue your vision of that brew pub, she joked. and you have always approved my trip money and read my repons. Council Member Waggoner said be bas something here before him that be would like to go ahead with. COUNCU. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE 53,535.00 FOR COUNCll.. MEMBER NABBOLZ TO GO TO mE NATIONAL LEAGUE OF CITIES CONFERENCE. Ayes: Nays : Abslain: Council Members Garrett. Bradshaw, Habenicht, Waggoner. Grazulis. Bums None Council Member Nabholz The motion carried. Council Member Nabholz said there are days that she needs Cowicil Member Habenicht 's rose colored glasses. She thanked her for her vision and what she bas brought her through as a friend and as a Council Member. 2 . She offered a personal thank you to the Englewood police dcpanment 3. She reminded everyone of the Malley Center Baz.aar on Saturday, as well as the Shriners • Pancalcc Bn:akfasl. 4. She said thank you 10 City Slaff. (ii) Council Member Garren said he would miss COWICil Member Habenicht's passion. He joked that Mr. Waggoner is too much of a blabber mouth, and be won't miss that at all . (iii) Council Member Bradshaw said it bas been an honor to sc"'C with both Council Member Habenicht and Council Member Waggoner . She said Council Member Habenicht has taught her paliencc, but she is still working OD it (iv) COW1Cil Member Grazulis said she will still be calling Council Member Waggoner for his expertise OD the roads issues that come before Council . She said she would still be seeing COWICil Member Habenicht al all of the performing arts issues . which we so passionately have as one of our endeavors together. She said it has been an honor and she thanked them for teaching her during her short time on Council. She said she bas learned a lot. (v) Council Member Waggoner said all be can say is it has been fun and interesting . There is a lol to see from both sides, be said, and there bas been a lot of progress in thirty-five years . We have come a long way and there is a long way to go, but we will get there, be added. He asked COWICil to keep up the good work . (vi) Council Member Habenicht thanked everyone . This bas been a wonderful Council 10 serve with, she said, and in twelve yean, she bas served with a lot of wonderful people, and has leamcd a lot This really is a team efl'ort, and this team bas been the most rewarding. Although we do not always agn,e, she said, this is the IIIOlt agreeable group of people she has worked with. It has been a real brealh oL Crall air, she said. and she bas enjoyed it immemely . _ ' . ) I • 0 • • • Englewood City Council ~1.1999 Page II 1-:.' ... ••••• • • • .. • -' Mayor Bumi oomPN'Dled lbal be plw to go to the Nalioaal League of Citics conf'creoce, but bas not gotten the budpl prepa'CICI yCL He said be would only go to the regular sessions, DOl the seminars, so there would be DO ICllliDar COIi, lesa lodgiDg aad lesa meals . He said be would try to have that togctbcr by the next meeting. 13 . City M.....-'1 Report (a) City Managa' Scars said tllanlt you and thal it wa1 a pleasure working Wider Council Member Wagoner's and Council Member Habenicht's guidance aad be knows stafl'fccls the same way. (b) City Manager Sears requested guidance from Council regarding Wal-Mart. COUNCll. MEMBER 81lADSBAW MOVED, AND IT WAS SECONDED, TBA T WE GIVE Dlll&Cl10N TO 1111: ENGLEWOOD ENVIRONMENTAL FOUNDATION (EEF) TO PROCEED WITB 1111: Dl:AL POIIO'S DISCUSSED IN EXECUTIVE SESSION ABOUT WAL-MART. City Attorney Brotzman said that is now public and we can give everybody a copy of that Ayes : Nays : The IIIOlioo carried. 14 . City At1oney'1 Report Council Members Nabholz, Garrett. Bradshaw, Habenicht. Waggoner, Grazulis, Burns None (a) City Attorney Brotzman said be would like to clarify thal these should be the final points on Wal-Mart. While Ibey are deal points, and Ibey needed suppon, Ibey are more issues of finalu.alion, just to get everything cleaned up . (b) City Attorney Brotzman said, a>DCfflling our lawsuit with the bondholders, and the trustee out of what wa1 Colorado National Bank and is now U.S. Bank, we were successful in thal lawsuit. The District Court found in our favor . What Ibey said is, one, l'C3d the documents, and, two , the statute says you may extend, you do not have to . Mr . Brotmlall said the projection was that this would have been about a $50 million hit to the City, so thal is a major victory. One of the things that we arc discussing, he said, is perhaps not pursuing our attorney 's fees iftbcy do not appeal . ••••• IS . Adjournment COUNCll. MEMBER WAGGONER MOVED TO ADJOURN. The meeting adjourned at 9: 10 p .m ,-&w!A(.2 ~' Deputy City C ' . ., .. .. ' ... • l ' .. I • 0 • • • .. ,. ;--. • ' , . • -' Sb ENGLEWOOD CITY COUNCil. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Special Seuion November 8, 1999 All Council Members signed an" ACKNOWLEDGMENT OF RECEIPT OF NarJCE" OF THE "CALL OF SPECIAL MEETING AND NOTICE OF SPECIAL MEETING ." I. CaU to Order The special meeting of the Englewood City Council was called to order by Mayor Burns at 6 :03 p.m . 2. Invocation The invocation was given by Council Member Nabholz. 3 . Pledge or Allegiance The Pledge of Allegiance 'MIS led by Mayor Burns. 4. Roll Call Present: Absent: Council Members Nabhol z, Grazulis, Garrett, Bradshaw, Habenicht. Waggoner, Bums None A quorum was present Also present: City Manager Sears City Attorney Brotzman Deputy City Clerk Castle Deputy City Clerk White Assistant City Manager Flaherty Recreation Services Manager Hultberg Mayor Burns stated that this is a special meeting, which bas been noticed, and Council is allowed 10 consider only the item on the Agenda. S . RqularApda (a) Approval of Ordinances on First Reading (i) Assistant City Manager Flaherty presented a recommendation from the City Manager to adopt a bill for an ordinance IUlborizing the acccptancc of an agreement and sublease between the Museum or Outdoor Ans, die Englewood Environmcnt.a1 Foundation, and the City of Englewood . He stated that Council bas designated IFl)IOximatcly 1 S,000 square feet of the second floor of Civic Center for cultural UICI. He said the action tonight is requested to finaliz.c the sublease that we have been working on with the Museum of Outdoor Ans for the past several weeks, and going back several months in terms of coroomok:ations. Reprdiog die basic tcnos of die agreement, it is a five year agreement, with three five year options. The MUSCWD of Outdoor Ans will provide to die City, thirteen permanent pieces and five revolving picClcs of artwork. 1D be placed io the CityCentcr complex. Mr. Flaherty stated that the artwork bas a valllllioo of approximalcly S 1 million. He said that MOA. in terms of tenant finish-out of their space, • ' . .. I • 0 .] • • • Englewood City Council November 8. 1999 Page 2 ; ~-· ·- ~ .,,-. • • • .. •. ' ... will make a capital investment of approximalely $500,000.00. That figure has not been finalized yet. but based on the square footage and the amount of work to be done, that is the estimate that we have been provided with. Mr. Flaherty said that includes about $72 ,000.00 of common area space improvements on a shared basis with the City and with the other potential user of the space on the second floor , the other cultural user. He said. in addition, MOA will pnl\ide annual exhibits and events at CityCenter with a value of $50,000.00 a year and will work with the Englewood Cultural Arts Commission to establish special rates for Englewood residents for their programming . The City will provide for art inslallation expenses of a maximwn of $100,000.00, and that is a one time expense:. The MOA will pick up any expenses over $100,000.00 and the City will make an annual contribution to MOA ofS96,000.00 . Additionally, we anticipate that the in kind services provided for thal portion of the building will be approximately $30,000.00, be said. Mr. Flaherty noced tbal the Council packets included a Council Communication of the proposed contract and council bi.II . A memorandum that discusses various issues that we got into in the negotiations of this contr.M:t and the proposed resolution of those issues, including the reserve that would be set aside as put of the agreement to aa:ommodate the amortization of the MOA improvements over a ten year period. He asked Council to notice the additional Sl2,000 .00, thal MOA requested to meet the full demands of the space improvements, arc deducted on an annual basis from the amortization so we have a somewhat accelerating amortization because our contribution welll up from $84 .000 .00 to $96 ,000 .00 . There is also a contract swnmary and fact sheet attached that is an updated fact sheet on the Museum of Outdoor Ans programs and services as well as the contribution by the City towards this contract Mr. Flaherty stated that. if there were any questions. he would be happy to answer those. He said there was a representative from the muscwn here this evening and he also knows thal Council will be holding a public commenl session on this contr.M:t on November 22"". so if Council would like 10 hold their questions for then, that would be fine. Mayor Burns noted the schedule of reserve was a little differenl than whar was discussed previously . He said they were talking aboul SS0,000.00 a year the last time they talked aboul this. and this schedule amortized ii a little slower 10 begin wilh, bur ii accelerates faster than $50 ,000 .00 a year al the end Assistant City Manager Flaherty said that is because we arc deducting the $12,000 .00 incremenlal contribution that we make directly to MOA on an annual basis. Th.11 goes from twelve to twenty-four 10 thirty-six to forty<ighl. so ii does accelerale ii somewhat. Council Member Garren stared that ii is always going to be $50,000 .00 a year. We have jusr laken our the twelve additional payments. Council Member Waggoner staled that that was whal Mr. Garrett had asked for . Mr. Gam:tt said that was nor exactly what he asked for bur ii must have been the compromise negotiation . Mr. Flaherty said that they also responded in the memorandwn to Mr. Garrett's question, in the event thar MOA would choose not to pick up their initial option, !here would be no paymenl to MOA. unless the City defaults. If they fail to exercise their first option, there would be no amonization owed to MOA. and al the second option period. at the end of len years, they are fully amortized. Mayor Burns asked about an article in the conrract, number nine, on hazardous materials. The definition includes paints and solvents, and ii seems there miglu be a 101 of that around a classroom of the arts . He said he has seen the classrooms of MOA and was WlSUrC if they use ordinary oil paint or acrylic paint or wharever, but those should be recognii.ed . h says thal no hazardous materials may be brought in, kept or disposed of, on the premises. He opined thal you have to have some paint, acrylic and things like that in there . Assistant Ciry Manager Flaherty said Mayor Burns was comet and that he was assuming this is our standard language. We may need to make accommodations if it includes all types of paint. Mayor Burns added !here should be some kind of agreement as to bow that will be conraincd or used or disposed of according to certain standards, as !hose kinds of malerials would certainly be there . ' .. ' .. I • 0 • • -------------~----~--~-.------------------~~~----ra Englewood City Council November 8. 1999 Page 3 • • • -... COUDCil Member Grazulis said she noticed, Wider definition of ha7.ardous material it did exclude commcn:ially used cleaning malcrials in ordinary quantities . She asked if this would be like cleaning type things for brushes or arc they talking more about industrial things, such as for cleaning. Mayor Bums staled that he thought they were talking about Public Works building maintenance. Ms. G111Z111is said ralbcr than a small thing of turpentine or something like that. Mayor Bums said that just takes care of commercial solvents in ordinal)' cleaning operations. Mr. Flaherty SWCd that he thinks it is pretty clear we will need to work out some details with MOA and particularly for disposal of paints and solvents and the like . He said he assumes that MOA is disposing of their materials in a n:asonablc manner now . We will ccnainly talk to them and sec what those processes arc and make sure that they meet the laws of the City and of the Stale . Council Member Bradshaw IWcd that. in some cases when people dispose of haz.ardous material. whoever is in charge of disposing of it bu their name oo the container. She asked if that was what we were doing here, on 9 .3. Assistant City Manager Flaherty sutcd that the City Anomey brought to his attenti on that 9. I indicalcs that. ifMOA keeps or uses any ha7.ardous materials on site , it is their responsibility to compl y wi th the laws in tentlS of their possession. storage use and disposal . Mayor Burns said that might cove r it there . Mr. Flaherty said that 9 .3 basically talks about our ow11 construction of the site and our responsibilities to provide them with a clcan site to move 11110 Mayor Bums said tbll Exhibit F is a liJI of all the an picc:es . He asked if they could possibly have pbolognpbs of thole, pollibly in a lillle l*kct, to show us what they arc . He thought Council had seen a number of them. they took a tour. and probably would recognize some of the names . Mr. F1aheny said that he would ccruinly check i.itb MOA and sec if they can pro\'ide that for the public meeting and perllllpl a display of thole u well . He said they have a video that some of the Council mcmbcn saw when we toured their facility . He said he had asked them to bring their video and it may make: 5Cll5C for them to also bring photographs of the artwork they arc going to bring on to the site . Mayor Bums said that it would be nice if the public could see what these pieces are . Council Member Nabholz agRCd wilh Mayor Bums. especially •ith the art in Little Dry Creek, where there has been such hard feelings . She felt ii would be very wise if they showed their constituents what Council is considering putting in tbcrc. Mayor Bwt11 agiecd . Council Member Bradshaw asked MOA representative Rodney Lontine, if he was keeping his office al Harlequin Plaz.a. Mr. Lontine said no, this would be the main plant at the Museum . Ms. Bradshaw said that was uoclcar, and there is some concern about MOA now having two offices. tvtr . Lentine said this would definitely be the main and only plant We probably won't even do any of lhe tours there anymore , he said, and may bring anolher pica: of art over. We are ninety-nine percenl sure of that corning over. Ms . Bradshaw asked if this would be the headquarters for MOA. Mr. Lontine said yes, eventually ii will probably all be here. Council Member Garrett asked, relative to the conlract, whal is lhc City's money being spent for. He said, for people: w'1o do DO( have copies of the conlract, the $96,000.00 the City is sending to MOA is 10 support MOA 's ed!w:alioaal program1 and facilities which will be here in Englewood, assist wilh special evenlS provided wilbin the City, public art dilplays. and ongoing mainlenance of art work displayed in the CityCentcr. He said the money is suppoaed IO Slay here. The only one that is not really qualified as such is · . 0 I • 0 ·------------------------.. • • -• l, Englewood City Council November 8 , 1999 Page4 • • • , . ' .... item C, but you 'II have public art displays outside the City limits. He said he did not know if we could modify item C, under 16.1, to say public an displays within the City . He said everything else is qualified with what is going to be happening here in Englewood and so, we would like our tax dollars to stay here . Mr. Garrett said that is the only one that docs not seem to have a qualification and you will have some public an displays outside of the City . Mr. Lontinc said that he did not know bow we would differentiate that, from an audit point of view . He said that he knew that with the SS0,000 .00 they arc definitely showing that they arc committing to specific programs, that there is going to be an audit and bow it is going to specifically relate back . He said the majority of the other portion of that is going to be specifically just for maintenance of the an work at the City . Currently those pieces arc leased to different buildings for more or less an offset. He said those monies arc spccifically used to maintain the pieces. Council Member Garrett said that MOA has already committed to do that, so, whether you can audit or not is a different issue . He said he would just like to qualify what he had referred to in the contract Mr. Lontinc said yes, if there is an easy way that docs not open it up to a lot of things. Mr. Garrett said that he did not want to place a burden on MOA, but, rather, his intent was to make it clear that this $96,000.00, that the City is pa}ing, is going to be used here . Mr. Lontinc said right. and that was the intent and that goes back to Ms . Bradshaw 's question . this will be our main site. Council Member Bradshaw said there would be programs open to Englewood citizens that our Recreation Ocpanmc:nt doesn 't provide at this time. Recreation Services Manager Hultberg said that is primarily correct. Mr. Lontinc Slalcd that they have yet to sit down with their commission and work this thing out We have had internal meetings. he said. and we have talked about everything from free classes for Englewood citiuns to discounts to a whole laundry list of things . He said they arc just waiting for this to get done . Ms . Bradshaw Slated that what we arc getting for our dollars is an issue with our citi1.ens . Because we do not have programs of this nature, it does not equate in their mind with the dollar value . She rcques1cd that Mr. Lontinc do something to present that in a much more concrete way . Mr. Lontinc said they plan on having a list of all the different classes and the brochures on the classes, the cost of the classes and a schedule that says, these arc all the classes offered in other parts of the City and County and where we fall from a cost stand point But above and beyond just the classes that arc going to be offered. it is going to be real specific that there arc going to be programs and art exhibitions that arc definitely going to be free . Ms . Bradshaw stated that if they put a dollar amount on how much each of those programs would be, if we were paying for it, that were going to be free, that would help too. Mr. Lontinc said that is why we asked how we would quantify something, without saying we will do this and this. They may change every year, and wc may know where about $12,000.00 of that $96,000.00 is going, but then for the rest of it, wc know that fifty thousand of it is going immediately back and it has to be audited every year. He said there is only another $30,000 .00 that is going to go pretty much into just maintaining the an collection, so, it is pretty well already laid out. Ms . Bradshaw stated that, for a non-art person, it is not clear al all . She said it looks like we arc totally subsidizing the MOA, to some of our constituents. Mr. Lontinc said immediately, right off'the lop, SS0,000 .00 is coming back every year . • I • 0 • • Englewood City Council November 8, 1999 Page 5 I:, ., ~ ,,,-·· • • - .. .. ~ " Council Member Garrett said, in the meeting of November 22-. someone should get up and say this is the money and this is when: it is going. Ms . Bradshaw suggested having handouts, also. Mr. Lontinc said, out of that, right away fifty comes back in these types of programs, be it classes, pcrfonnances, or what have you . Council Member Bradshaw said to show, ifMOA was not here, bow much these programs would cost. Mayor Bums suggested that tonight or somewhere in between. that Mr. Lontinc get very specific in the benefits that are being given to the citizens, and the opportunities for the citizens, especially the children, to participale in these programs, because that question has been asked many times. too. He said the more specific and the more direct Mr. Lontine can get with that, the better people will understand what you are providing and what they are getting for their tax dollar. Ms. Bradshaw said -have -families that cannot afford shoes. and this looks like this is a big, huge luxury . She said she knew some priorities in families are different, but she does know that that's a complaint she has beard, that they can biftly keep their kids in shoes and clothing and here is the City subsidizing this . And they are not looking at just the annual fee , they are looking at a million dollars or $500.000.00. Mayor Bums said especially if the programs are free to the kids, because he feels that once they start to participaae, they will really see the value of the programs, they will bring it back to the parents. Mr. Lontinc said that that was disaissed in the staff meeting just this week. something free , so they show up and it also gets them in the habit or coming in and taking advantage of it We have not met ~ith the Art Commission, so we don't want to decide anything. Ms. Bradshaw said that she understood that . Mr. Lontinc said that he appeciatci thal and they will try to have infonnation out there that helps people understand the benefits from a big pictw'c, even bow it affects their life . Ms . Bradshaw said it is not just kids, it is the rest of the population and how someone in their thirties might benefit from MOA . You need to hit the people who vote, also, she added. because there will be a push 10 put this on a ballot. Council Member Nabbolz asked Mr. Lontinc if they had not discussed at one time the possibili ty of reduced rates for some of the classes. Mr. Lontinc said they were, hopefull y, going to try 10 do both. Mayor Bums suggested that it would be very beneficial if they were to make it easy for people 10 start the programs. Mr. Lontine agiced. maybe not a discount, but perhaps a reason for them 10 get used 10 doing it We did a lot ofbrainslonning. he said, and there ~ill be a discount. but we were trying 10 think what else we might do . Council Manber Bradshaw said the comparables just are not there for the programs MOA provides, because they are ooe of a kind programs. That needs to be stated, also, she suggested. Council Member Habenicht said she had two questions. At one point, pan of the deal was that MOA would guanm.ee an annual budget of SS00,000.00 while in Englewood. She asked also if Mr. Lontine knew bow many jobs they would be bringing in, suggesting possibly two to seven . Mr. Lontine said it would be more than that, depending on whether you count all the teachers, and we have a full-time staff . We have also been working with the City staff to put together a sheet that will list the number of classes, typeS of perfonnanc:es. something that would be easy to look at and for people to know what they will get That would include staff members, number of teachers, and that sort of thing. he advised . • ' ' ' ) I • 0 - • • • I·,,, Englewood City Council November 8, 1999 Pagc6 ... .. • -·· • • - .. .. ... ... • Council Member Habenicht asked Mr. Flaherty, if the City were 10 pay to finish that 15,000 square feet, whether it COit III about $500,000.00. Mr. Flaherty said yes, there is really very little difference between the type of finish thal we are providing in the Civic Cmter and wbal MOA will be providing. They are basically prvviding offices as well as some larger inslructional rooms. We are looking at $60 to $80 per square foot for finish in thal building. and MOA is in that same ballpark, be said Ms. Habenicht said, if we were 10 finish that for our own programming, we would~ 10 put that much money in up front ourselves . Ms. Habenicht said her undentandingwas that the Cenificatcs of Participation require that we can not utiliz.e that space for putting in conunacial businesses . City Attorney Brotzman said that is com:ct . Ms. Habenicht said we would not be able to put a collllllCrcial enlcrprise in that space because of the Cenificales of Participation. Mr. Flaherty said that is comet, adding that be did not bel ieve we would want 10 put commcrcial in there . Ms. BradsbafY said that needs to be said loud and clear also . Council Member Bradshaw asked if the City is allowed to enter into an agreement that obligates us for twenty years. City Attorney Brotzman responded that this is why the reserves are set up as they are . There is a lcpl qreement because you ~ the reserve issues, be said There is a TABOR problem with multi- year fiscal obligations, and that is why you have the reserves . Future Councils can opt out of this contract, be said, and then you would go to thal schedule and that amount is paid Council Member Habenicht asked how this differs from a seventy-five year lease agreement with Miller Wcinganm . Mr. Brotzman said, for one thing, they are paying us . The ke y is . the City . in this case . would be paying out the money . But, Ms. Habenichl said, we are obligating us to that amount of money . Mr. Brocmai said you do not have IO approprialc any money under those circumstances. Mayor Bums added thal there is an independent appropriation made for that each year . City Attorney Brotzman said that is conect. The Deputy City Clerk read the council bill by tillc: COUNCD. Blll. NO . 70, INI'RODUCED BY COUNCD. MEMBER GRAZULIS A Blll. FOR AN ORDINANCE AtmlORIZING 1llE ACCEPTANCE OF AN AGREEMENT AND SUBLEASE BETWEEN 1llE MUSEUM OF OUTDOOR ARTS (MOA), 1llE ENGLEWOOD ENVIRONMENI'AL FOUNDATION, INC . (EEF) AND 1llE CITY OF ENGLEWOOD, COLORADO (Cl1Y). COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SICONDID, TO APPROVE AGENDA ITIM S (a)-COUNCIL Bll.L NO. 78. Motion carried . Ayes : Council Members Nabholz, Grazulis, Garrett, Bradshaw , Habenicht, Waggoner and Bums Nays : None 6 . Atljollnant COUNCIL MEMBER BRADSRA W MOVED TO ADJOURN . The meeting adjourned at 6:30 p.m . ,~{1& City lert ,. ' · . • I 0 I • 0 \]- • • • -----------c---------------------------.. ,. • t ,,.,_-;:~. ~ ·' ... •• ' PUBLIC COMMENT ROSTER AGENDA ITEll 7 NON-SCHEDULED VISITORS DATE: November 15, 1111 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 COIIIIENT. PLEASE PRINT NAME ADDRESS TOPIC • f '• C' I I· 0 • • • .. ~ --. • , .. •.. .. ·~ • -' .... PROCLA,\tlA TION WHEREAS, Mrs . Shirley Wilson retired on October 29 . 1999 from En glewood Schools, after having worked for the Di strict for twenty -four ye:m, the la st eightee n o f those years at Bishop Elementary School ; and ' WHEREAS, Mrs . Wilson is adm ired and appreciated bv the ma ny pe o ple sh e has worked with over the years; and vVHEREAS , Mrs. Wilson has been de sc ribed as co mmitted , dedicated . ho n est. and sincere ; and vVHEREAS , Mrs. Wilson has been looked up o n as a surrogate mo ther J n d grandmother to many of the staff, parents , a nd students with whom she has wo rke d over the yea rs , attending eve rv sc hool fun cti o n and hel ping co untl e pe o pl e Jl o n t he wav ; and WHEREAS. Mrs. Wil so n is sure to be gre::i Ll y m b ed by her CO ·\\'Or ker-,. the Bishop students. and their parents; NOW . THEREFORE , we , t he Citv Council of th e City of En gl \\OO ,I , oh>r,1Jo . hereby proclaim Our heartfelt thanks to Mrs. Shirley Wilson for her dedication to the children of our community through her service at the schools and offer our hearty congratulations on the occasion of her retirement. vember , 1999 . Tho mas J. Burn s, Mayor Beve rlv J. Br ad shaw, Council Member Alexandra Habenicht, Mayor Pro Tem Do ugla s G a rr ett, Co un cil Member Juli e A . Gr::izu li s. Co un cil M embe r Ann Nabholz, Council Member Kell s Waggo ner . Council Membe r 8 a r:. P··r'~'l ; ... .Cec /C!-Jd :ls.per . rJ!:, • - I • 0 • • • • ~ ,,.-- • . •,. .. • .. .. •• ' ... ~ \_Vhen I first took office, I purchased two books: Robert's Rule s of Order and Machievelli 's The Prince. One discussed procedure, the other di sc ussed power . Since I was elected at-large rather than in a district, I decided to focus my service in the areas of intergovernmental relations and governance . I soon realized that my vote counts ; but only one-seventh ; that games are pl ayed : and that effectiveness can be temporarily compromised by refusing to play games . Early on I made the decision to cast my vote based on how this action would effect Englewood citizens now and how it would effect my children twenty or thirty years from now if they were adult citizens of Englewood . In other words , I projected issues into the future. and based my position on how deci sion s would be st serve the future . The quality of the future I most wanted to assure was: If I am not on the City Council. how does this decision best affect me and my ability to excercise and mai nt ai n my right s. powers and independence as an individual citizen . And the quality of li fe for all citizen in the future should be as good or better than it is now . I came into office skeptical of the bureacrac y. Maintaining a he a lth y skepti s m ha s served me well in office. I have also learned that the overwhelming majorit y of individuals who work in the public sector; more specifically the overwhelming majority of people who work for the governement are honest , compassionate , practical , patriotic. and loyal to the service of citizens; and I also discovered that the majorit y of individual s who work in the private sector are honest, compassionate , practical , patriotic and loyal to their own profit margin . I leave office much more trustful of government bureacracy and much more di strustful of private sector beaurocrcies. My best advisors have always been the citizens I represent. When I wa a c hild , my mother taught me about advisors and advice . It is wise to seek and li sten to advice from many sources; then it is important to make decisions based on your own best judgement. I have been advised on many issues . Some of my most trusted advisors have often di sag reed on issue s. This is the quandery of leadership. For me : de cisions took a while in coming; but once made ; I have been confident in them because I have sought and considered the advice of many ; and I have projected the effect of decisions into th e future , best serving the future based on a philosophy that honors a government on , for and by the people --life , liberty andthe pursuit of happiness . In the car. on the way to each counci meeting , I have prayed . Thi s is my prayer: Lo rd . please guide me in all that I say and do in service to the community . Guide my mouth . my mind, my expression. Help me Lord to be an instrument of your will; if you would ., ~ .. • - I • 0 - • .. ~ ,.--- • 1;~.·. .. • -' ... h_ave me be foolish let me be foolish, if you would have me be wise, let me be wise . Let my actions, Lord, help accomplish your will however you will. Amen. I am proud of my service to this community . I count among my contributions to Englewood : The Tri-Cities efforts to improve the Santa Fe Corridor; the emphasi s on improving the South Broadway Corridor ; fully engaging in metro wide issues as full participants in the Denver Regional Council of Governments. the Colorado Municipal League and the National League of Cities ; enhancing love of country , love of community and love of people through empowering more women in polictical roles through the organization Colorado Women in Municipal Government. Issues I have led are keeping Police and Fire dispatch in Englewood . Limiting the proliferation of pawn shops . Convening municipal leaders in the metro area to build cooperative support to address light rail in the Southwest Corridor and other transportation issues in other cities; Preventing increased tolerance for so called adult businesses in our 8-1 and 8-11 business districts and maintaining and providng more recreational and cultural programs for citizens and youth and establi shing a Cultural An s Commission. Citizens put all those ideas into my head. Staff members made it possible for council to addess these issue s objectivel y. Council members brought collective wisdom to resolving these issue s. Wow. The system works when you work with the system . To all citizens, staff and councilmembers . Thank you for helping me be a part of all of this . First those whose memories I wish to honor : Gus Gueron Walt Tomooka Packy Romans Linda Allen Anne Street Victor Nilsen Vern Mann Jim Taylor Shorty Resley ' . '·. ., ,. ~ ', . ... ... .. • I • 0 • • .. ---~~~----------------~~~-----~ .. ,,_ John and Shirley Mullen Marj Kerswill Charlie Grimm • • -- Former City Employees ; Kells Waggoner Sharon Winkle Adeline Czarney Linda Manin Pam Pepper _ t t U..l .1 • ~"-') Chuck Reid "~ Randie Banlomet Chuck Esterl y Lee Merkel Dana Glazier Pat Crow Margaret Freeman Al Stanley Sally Heckers Dorothy Dalquist Sarah Spaulding .. .... Thank you also to all the members of Englewood'a Boards and Commi ss ion s and spec ia l and special thanks , recongnition , admiration and respect to the following individual s who have been my mentors , my helpers , my inspirations and my task-masters: George Allen Mary Dounay Jeanie McWilliams Mary Castle Tony Apodaca Bill Brobst Janet Spangenberg Dori Nazarenus Anna Marie Kratzer Amemarie Leonard Cheryl Shoop Sherrel Webber ' .. I ., • 0 • • • ---------.---------------------------~-------· • J• ~ •• • •• /(., l < .L' ~' c.:tP'r1~ :?ia-u o/ -{c Ken Anderson Linda Cohn TomGcrlick John Gcrlick Jess Gerardi Rosemary LaPona Bob Powell Gerry Ganner Tim Ausfahl Roscoe Davidson Janes Hansberry Gulley Stanford Ken Bueche Sam Mamet Lorraine Anderson Margaret Carpenter Tom Blickensderfer Brian Vogt Three city managers who in my mind stand out as models for the profess ion Acting City Manager Pete Vargas Acting City Manager Stu Fonda City Manager Gary Sears I am very proud and impressed with all of our depanment heads . However, for length of service and involvement in major issues , I must single out Jerrell Black Bob Simpson .. ... Both these gentlemen are models of integreity courage viaion and committment to excellence, citizens and their profession s . Special kudos and thanks also to Rick Kahm Dave Lee An Scibelli --,• ' • J . ' . I • 0 - • • '• r~ •, ,', Mark Graham Dorothy Romans Paulena Puncerlli Cathy Burrage Carolyn Liebner Bob Moore Gary Condreay Mike Swan Nancy Fritz Lou Ellis Gary Hullburg Pat Jurgens Our City Anomey Dan Brotzman ... . . and everyone in his office, also David Hill, Joe Tom Wood, Martin Semple ,. -· • • • .. No council member can serve any length of time in office without recongizing the many , varied and significant contributions of Sue Bradshaw more recentlyly , Cindy Watkins And Leigh Anh Hoffhines . .. ... .. I al so want to acknowledge the council members I have served with over th e ye ars. Joe Bilo Susan Van Dyke Gary Kozacek Bill Clayton Roger Koltay Rita Hathaway Erika Byrne Orrie Saunders Clyde Wiggins Tim Bullock ' .. . ' .. I .. • 0 .]- • • .. • • •• Sheri Gulley Tom Bums Kells Waggoner Al Vonnittag Mitch Waldman Lauri Clapp Ann Nabholz Bev Bradshaw Doug Garrett Julie Grazulis (' .~. •\: .L« f '·'.. / t- .. ~ d,er::. ~,..[~ · c• I ~ ._, SpecialThankYoustoallthemembersofthe media ! .c ~ --.~.· And especially Tom Mund s. . t::'_i. ~ ....... ,l't,,t-,i ?, .{!. .. , .... )'I. '..,:.,\.<.I .,_c_..l <,,.., ,.,._., 1.,\,--f~{ • • L - And a very special thtk.)'.~ou.!_?-.tJ;ie 2 en:i.~L~!~Y ~rr\ly .... -::--, .~ ·_·. , t my father-in-la~my brother, my daughters, my son-in -law, especially my husband Chuck . He is my best friend . The problem with making lists and naming names , is I am certain I have ov erl ooked many people who should be included here . I thank all of them·--"' T..: T ,· . -,·,_LL.,,I_'_,_._ ~._f'_,, _ _.._i ,-· _: ~,:... :_,_ :,...:JJJ .:..-w •. l--e v /-'... (,:,;..,1,.'.__,. :.,1:.;...'-/.'-t·J -/~/....- ( ~ i I • • ' 4.-. cfj, _/_ -_ ··~'}1 /_,.d <,'.__ ,."1.-L l.. h .... _; uo-...::a= "iJ -~1 ~~ ... L --· ' .. ·, '.. c1;-. -h,, --t:-_j -.v-r· 1~_,,..,_f __ l-,= . l l-(....\. -"'-""'· ""~-,..-... -\ ,) _T .<.A t ~ t'. ( ;"~ -<-1 , ,. i <t l -( ( I C <-, • c./l ,,. I!_, ~ t' -,t (T c 1<.. .; (L,.c..(.( L: ... .:. il'( Lt...:.....L·L~, ... ' ~ ... .2,,_-z;_ C(_.,<•/-~ I ..r-..,1.JJ_ f:j,/~ -u~,_,, i..'l' C'-{;<J_,:·L .. ,• ... ., . I • 0 32 I • .. • -£ •• ' • •• CC mtg 11 /15/99 8 (c) The newly elected Council members are: District 1 Council Member Ann Nabholz District 3 Council Member Julie /i, Grazu~v . ·"u --~ At-Large Council Member Olga Wot'osyn At-Large Council Member Michael Yurchick 8 (d) Roll call of newly elected Council : Members: Nabholz .,.. Grazulis ~ Garrett ti' e~dshaw I/ IIIW,"1Wolosyn v Yurchick VV Mayor Bums I l ..: ... . ~· . ' . ' ' , ... ' . I . 0 - • r • • .. --• • •• .. ... Service on Boards & Commissions by Alexandra Habenicht & Kells Waggoner Alexandra Habenicht Kells Waggoner Cultural Arts Commission Englewood Downtown Development Authority Water & Sewer Board Parks & Recreation Commission Colorado Municipal League Policy Economic Development Coalition Committee Denver Regional Council of School-City Joint Committee Governments Swedish Task Force Urban Renewal Authority Tri-Cities Planning Commission Public Library Board ' . ., ,. .. I· 0 32X • .. ~ ,,--• • '· 1~ • ... "' " ·~ • • .. ... BY AuTHORITY ORDINANCE NO . SERIES OF 1999 COUNCIL BILL NO. 74 INTRODUCED BY COUNCIL MEl\ffiER ______ _ A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 4 TO THE VALLEY SANITATION DISTRICT AND COLUMBINE WATER AND SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE COLUMBINE SANITATION DISTRICT BOUNDARIES . WHEREAS. the City of Englewood and the predecesso r in interest to Valley Sanitation District entered into an agreement dated April 18 , 1955 : and WHEREAS , the City of Englewood , the predecesso r in interest t o \' a ll ey a nd the predecessor in interest to Columbine entered mto an agreement dated Apnl 18 . 19 55 and subsequent agreements . providing for the transport and treatment of efflu e nt fr om an additional 800 taps by which the effluent is ea rned through Valley outfall Imes to be treated by City's sewage treatment plant: and WHEREAS, Valley and Columbine entered mto an agreement dated Ma r ch 20 . 1956, and subsequent agreements , relating to the transportation of effluent through Valley outfall lines ; and WHEREAS, the previous Agreements and s ubsequent agreements between the parties place certain limitations upon the number of taps that can be serviced by the City , Valley and Columbine ; and WHEREAS , it is the intent of the Parties to this Agreement to specifically allow fo r an inclusion into Columbine of a r esidential deve lopment consisting of 7i tap s which s hall be serviced by the Parties to Supple ment No . 4; a nd WHEREAS , Columbine Sanitation District recomm end s the inclusion of approximately 40 acres into the Districts ; and WHEREAS , the zoning of this property is primarily r esid ential and the prop ose d use is to remain the same; and WHEREAS, said annexation of this additional parcel of land will not increase the tap allocation to the Columbine Sanitation District; and WHEREAS, the Englewood Water and Sewer Board recommended approval of Supplement No. 4 to the Valley Sanitation District at the November 9 , 1999 meeting; NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : -1- ' ' ', ' .. .. JCO-' I • 0 . ]- • • . l·~ •• .. • --· • • -' SUPPLEMENT '110, 4 TO CONNECTOR'S AGREEMENT .. .... THIS AGREEMENT, made and entered into bv and between the CITY OF ENGLEWOOD , acting by and through its duly authorized :\fayor and City Clerk. hereinafter called "City"'; VALLEY SANITATION DISTRICT. a Special District organized under the statutes of the State of Colorado. hereinafter called "Valley·•; and the COLtn1BINE WATER A..'ffi SANITATION DISTRICT , a Special District organized under the statutes of the State of Colorado. hereinafter called "Columbine ." WITNESSETH : WHERE . .\S , the City and the predecessor in interest to Valley entered into an agreement dated April 18, 1955, and subsequent agreements. providing for the treatment of effh1e.pt at the City's sewage treatment plant: and WHEREAS , the City , the predecessor in interest to Valley . and the predecessor m interest to Columbine entered into an agreement dated . .\pnl 18, 1955 , and subsequent agreements, providing for the transport and treatment of effluent fr om a n addmon al 800 taps by which the effluent is ca rried through Valley outfall line , to be treated by Cny·· sewage treatment plant: and WHEREAS , Valley and Columbine entered mto an agreement ated :\larcy 20 . 1956. a nd subsequent agreements, relating to the transportation of effluent through Valley outfall lines ; and WHEREAS , the above-referenced Agreements and subsequent agree me nts between the Parties place certain limitations upon the number of tap that can be serviced by the City , Valley and Columbine; and WHEREAS , it is the intent of the Parnes to tlus Agre ement to s pec.i.fically allow for an inclusion into Columbine of a residential deve lop me nt co n sisnng of 77 taps wluch shall be sen;ced by the Parties to tlus Agreement ; NOW, THEREFORE , in consideration of the mutual cove nants and undertakings herein set forth. the parties agree as follows : l. IITL-LLC has petitioned Columbine fo r inclusion into Columbine of a re sidential development known as Brookhaven. If s aid petition is approved by the . .\rapahoe County District Court, 77 taps will need to be serviced by the Parties . 2. The City hereby co nsents to the inclusion into Columbine of the Brookhaven area described in attached "Exhibit A". A . The City agrees that said additional area may be served with the sewer facilities of Columbine , and that the City will treat the sewage discharged into the City's trunk line from Brookhave n , all in accordance with previous agreements entered into between the City and Columbine and specifically in accordance with the Connector·s Agreement between the City and Columbine dated February 23. 1989 . ,, ' E X h i b i t 1 •, I • 0 32 , . .. CORRECTION ), ;,>•.~ ~. •• ( .. . ] • • J ~ • ------.. --· • ... . ~ .... • •• BY AUTHORITY ORDINANCE NO . SERIES OF 1999 COUNCIL BILL NO. 74 INTROD UCE D BY COUNCIL MEMBER~~~~~~- A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 4 TO THE VALLEY SANITATION DISTRICT AND COLUMBINE WATER AND SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCL US ION OF LAND WITHIN THE COLUMBINE SANITATION DISTRICT BO UNDARIES . WHEREAS . the City of Englewood a nd the predecessor in interest to Valley Sanitation District entered into an agreement dated April 18 , 1955: and WHEREAS . the City of Englewood , the pre de cessor m mterest to Valley and the predecessor in interest to Columbine entered into an agreement dated April 18. 19 55 and subsequent agreements. providing for the transport and treatment of efflu e nt fr om an additional 800 taps by wluch the effl uent 1s carried throu gh Valley outfall lrn es to be treated by City's sew.age treatment plant; and WHEREAS , Valley and Co lumbine entered into an agreement dated March 20. 1956, and subsequent agreements , relating to the transportation of effluent through Valley outfall lines ; and WHEREAS , the previous Agreements and subsequent agreements between the parties place certain limitations upon the number of taps that can be serviced by the City, Valley and Columbine ; and WHEREAS. it is the intent of the Parties to this Agreement to s pecifica ll y allow for an inclusion into Columbine of a re sidential development co nsisting of 77 taps which shall be serviced by the Parties to Supplement No . 4: and WHEREAS . Columbine Sanitation District recomm ends the inclusion of approximately 40 acres into the Districts ; and WHEREAS , the zoning of this property is primarily residential and the proposed use is to remain the same; and WHEREAS, said annexation of this additional parcel of land will not increase the tap allocation to the Columbine Sanitation District; and WHEREAS, the Englewood Water and Sewer Board recommended approval of Supplement No. 4 to the Valley Sanitation District at the November 9 , 1999 meeti ng ; NOW . THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO, AS FOLLOWS : -I - J~' ) I • 0 I .]- • • • _.. • . .. .. . l• • .. -.. .. Sectjon 1. The Agreement between the City of Englewood and Valley Sanitation District and Columbine Water and Sanitation District entitled "Supplement No . -t , to Connector's Agreement", which includes approximately 40 acres located south of West Bowles Avenue and west of Middlefield Road in the town of Columbine Valley . is hereby accepted and approved by the Englewood City Council . A cop y of said Agreement is attached hereto as "Exhibit l " and incorporated herein by reference . Sectjon 2. The Mayor and City Clerk are hereby authorized to sign and attest. respectively , the said Agreement for and on behalf of the City Council and the City of Englewood, Colorado. Introduced , read in full . and passed on first reading on the 15th day of November . 1999 . Published as a Bill for an Ordinance on the 19th day of November, 1999. , ~ayo r ATIEST: 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 15th day of November, 1999. Loucrishia A. Ellis ,, . .. ., . .. I • 0 32 . ] • • J \,_,; .. • ..,• ..... • •• SUPPLEMENT NO . 4 TO CONNECTOR 'S AGREEMENT THIS AGREEME'.'JT , made and entered into bv and betwee n the CITY OF ENGLEWOOD , acting by and through its duly authorized '.\fayer and City Clerk, hereinafter called "City"; VALLEY SANITATION DISTRI CT . a Special District organized under the statutes of t he State of Colorado. hereinafter called ''Valley''; and the COLUMBINE WATER Ai'ID SANITATION DISTRICT, a Special Di s trict organized under the statutes of the State of Colorado, hereinafter called "Columbine ." WITNESS ETH: WHEREAS , the City and the predecessor m interest t o Va lley entered mto an agreement dated April 18 , 1955, and subs equent agreements. pro.,,;d.ing fo r the treatment of e ffh1ent at the City's sewage treatment plant; and WHEREAS , the City , the predecessor m interest to Valley , and the predecessor in interest to Columbine entered i nto an agreement dated . .\p nl 18 . 195 5 , a n d s u bsequ ent agreements , providing for the tra nsport and treatm ent of effluent fr om a n a dditi on a l 0 taps by which the effluent is ca rried through Valley outfall line; to be t r ea ted by Cny's sewage treatment plant: and WHEREAS , Valley and Columbine entered mto an agreement dated '.\farcy 20 , 1956 . a nd subsequent agreements, relating to the transportatio n of effluent through Valley outfa ll lines ; and WHEREAS , the above-referenced Agree ments and subsequent agree m ents between the Parties place certain limitations upon the number chaps that can be serviced by t h e City . Valley and Columbine ; and WHEREAS , it is the intent of the Parties to this Agreement to s pec ifi cally allow fo r a n inclusion into Columbine of a re sidential de ,·elop m ent co n s is ting of ii taps wluch sh all be serviced by the Parties to t his Agre e men t : NOW , THEREFORE , in consideration of the mutual cove nants a nd undertakings he r em se t forth , the parties agree as follow s : 1. IITL-LLC has pe ti tioned Columbine for incl usion into Columbine of a re sidential development known as Brookhaven . If said petition is a p pr oved by t he A.r apahoe County District Court, 77 taps will ne ed to be se rviced by t h e P arties . 2 . The City hereby co nsents to the inclusion into Co lumbine of the Brookhave n area de sc ribed in attached "Exhibit A". A. The City agrees that said additional area m ay be serve d with the sewer facilities of Columbine. and that the City will treat the sewage discharged into the City's trunk line fr om Brookhaven, all in accordance with previous agreeme nts e nte r ed into between the City and Columb ine and s pe cifically in accordance with the Connector·s Agreement between the City and Co lumbine dated February 23 . 1989 . E X h i b i t 1 ) ', . ' ' . .. I • 0 3 .J - • I '- • •· • I ,. ii .. . :·. ·- • •• .. ... 8. Each and every other portion of the previous agreements entered into between t he City and Columbine and the Connectors' Agreement dated February 23. 1989, shall remain unchanged . 3 . Valley hereby consents to the inclusion into Columbine of the Brookhaven area described in attached "Exhibit A ". A. Valley consents to allow the effluent of a maximum of i7 taps in Brookhaven to pass through the Valley lines to the City sewage treatment plant. all m accordance with those previous agreements entered into between Valley and Columbine , including but not limited to, those agreements dated March 20 , 1956 and October 9, 1968. 8. Valley shall rece ive a tap fee of $800 per tap as the taps co me on li ne . . Columbine shall collect sai d $800 in addition to Columbine's own wate r a n d' sewer tap fee and forward the $800 to Valley . 4 . The City, Valley and Columbine agree that addi tional tap s other t han t h ose taps described above in Part I may connect to Columbine and that s a id taps will be served by Valley and the Cit y per the terms and conditions set fo rth in the pre vious agreements entere d into by and among the Parti es . In n o e vent will the t otal numbe r oftaps to be served by Columbine through the Valley outfall li ne a nd the City excee d eight hundred (8 00), as set forth in said agreements . T a p fee s t o be pa id by the owne r of these additional taps shall be in the amount charged by Columbine a nd Va lley at the time the tap begins service wi t h Columbine . Columbine s hall co llect Valley's t ap fees and forward them to Valley. IN WIT~SS WHEREOF , the partie s have set their hands and seals this __ day of -----------· 1999. ATTEST: City Clerk [Seal] CITY OF DiGLEWOOD, CO LOR.-\D O By :-------------- Mayor 2 '· ', I • I ... . ,. ., . • I • 0 32X - • • • ATTEST : I v' ., ... Secretary Secretary .. ,. ,,,-- • • ~ • -.. VALLEY SANITATION DISTRICT By~~~ reident COLUMBINE WATER Af'll) SA.,1T . .\TIC>N DISTRICT l ..... __ ,._. __ _ ~~.~'''"' 3 • ' . .. ,. \ •', ~ ... • I ' .. • ) I· 0 32X - • Block 1, Lot 1 Block 2, Lot 1 Block 2, Lot 2 Block 3 , Lots 1-29 Tract W Tracts A-J ~ -• .. • - EXHIBIT A Legal Descript ion .. ' ... ' Brookhaven at Columbine Valley, a part of the SW 1/4 of Section 17 and NW 1/4 of Section 20 Township 5 South, Range 68 West of the 6th P.M ., Town of Columbine Valley Replat of Columbine Valley North, County of Arapahoe , State of Colorado . PFKIJ298013203 77 .01 ' • " .. ,: ' .. • I· 0 32X - .... • • • --· • • • COUNCIL COMMUNICATION Date Agenda Item November 15 , 1999 .. Subject Columbine Sanitation District Supplement #4 INITIATED BY Utilities Department STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board , at their November 9 .1999 meeting , recommended Counc il approval of a Bill for an Ordinance approving Columbine Supplement #4 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED A request was made by Columbine Water and Sanitation District and Valley Sanitation District. The requested supplement area is in the Columbine District but the sewage is transported through Valley Sanitation lines. so Valley Sanitation District approval is also required . The City of Englewood provides sewage treatment to a population of about 70,000 peop le outside the City through contracts with numerous connector districts . By contract the City of Englewood must approve any additions of land to be served by the districts. These are usually in-fill situations that are within what the City cons iders to be the area it has committed to serve . Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions . Annexation of this parcel of land will not increase the tap allocation to the Valley or Columbine Sanitation Districts . The landowner, HTL-LLC, is requesting inclusion into the Columbine Water and Sanitation District and Valley Sanitation District. Supplement #4 is for 77 taps for a residential development consisting of 29 custom home sites , 46 patio homes and one for the Columbine Town Hall, all located on approximately 40 acres . The legal is attached as Exhibit A . The property is located south of West Bowles Avenue and west of Middlefield Road in the Town of Columbine Valley. The name of the development is Brookhaven at Columbine Valley. FINANCIAL IMPACT None . LIST OF ATTACHMENTS Bill for Ordinance Supplement #4 to the Connector's Agreement • I ) I· 0 - • .,.-·. • ,. • - COUNCIL COMMUNICATION Date Agenda Item November 15 , 1999 10 a i , . Subject Columbine San itat ion Distr ict Supplement #4 INITIATED BY Utilities Department STAFF SOURCE Stewart H . Fonda , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION The Water and Sewer Board, at their November 9 , 1999 meeting , recommended Counc i l approval of a Bill for an Ordinance approving Columbine Supplement #4 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED A request was made by Columbine Water and Sanitat ion D istrict and Valley Sanitation District. The requested supplement area is in the Columbine District but the sewage is transported through Valley Sanitation lines , so Valley Sanitat ion District approval is also required . ·. The City of Englewood provides sewage treatment to a population of about 70 ,000 people outside the City through contracts with numerous connector districts . By contract the C ity of Englewood must approve any additions of land to be served by the distr icts . These are usually in-fill situations that are within what the City cons iders to be the area it has committed to serve . Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions . Annexation of this parce l of land wi ll not increase the tap allocation to the Valley or Columbine Sanitation Districts . The landowner, HTL-LLC , is requesting inclusion into the Columbine Water and Sanitation District and Valley Sanitation District. Supplement #4 is for 77 taps for a residential • development consisting of 29 custom home sites , 46 patio homes and one for the Columb ine Town Hall , all located on approximately 40 acres . The legal is attached as Exhibit A . The property is located south of West Bowles Avenue and west of Middlefield Road in the Town of Columbine Valley . The name of the development is Brookhaven at Columbine Valley . • ' -. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for Ordinance Supplement #4 to the Connector's Agreement ., ,. ) I· 0 - • • • ORDINANCE NO._ SERIES OF 1999 • .. • •• BY AUTHORITY A BILL FOR ' .. /0"-'' COUNCIL BILL NO . i5 INTROD UCE D BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A GRANT OF PROPERTY FROM ARAPAHOE COUNTY . WHEREAS , the Englewood Utilities Department is seeking a site for a fire hydr a nt on South Raritan Street; and Whereas, Arapahoe County originally acquired an available site for the fire hyd r a nt on South Raritan as a drainageway/gree nbelt area ; and WHEREAS, Arapahoe County has signed a Quit Claim Deed in favor of the City of Englewood for a piece of property with approximately 1,051 square feet or 0 .024 acres for a fire hydrant which is located on South Raritan Street and the Harvard Gulch Greenbelt near West Yale Avenue: and WHEREAS. there are no conflicts with buried underground utilities at tlus site ; and WHEREAS , the Englewood Water and Sewer Board recommended approval of the Quit Claim Deed from Arapahoe County at the August 17 , 1999 meeting : NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon I. The Quit Claim Deed for a pie ce of property with approximately 1.051 square feet or 0 .024 acres for a fire hydrant, located on South Raritan Street and the Harvard Gulch Greenbelt near West Yale Avenue from Arapahoe County to the City of Englewood, attached hereto as "Exhibit A," is hereby accepted a nd approved by the Englewood City Council . Introduced, read in full , and passed on first reading on the 15th day of November, 1999. -I - ' .. ,. ' ., . .. . ' . ' . ) I • 0 • • Date November 15 , 1999 INITIATED BY Utilities Department • • ' COUNCIL COMMUNICATION Agenda Item 10 a ii .. .. Subject Quit Claim Deed from Arapahoe County for a Fire Hydrant on S . Raritan STAFF SOURCE Stewart H. Fonda , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION . .. The Englewood Water and Sewer Board , at their August 17 , 1999 meeting, recommended Council approval of the Quit Claim Deed from Arapahoe County for a fire hydrant at S . Raritan > and the Harvard Gulch Greenbelt. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Utilities Distribution Division is requesting a site for a fire hydrant on S . Raritan St. A site is available on S. Raritan and the Harvard Gulch Greenbelt near W . Yale Ave . that is owned by Arapahoe County and was originally acquired by the County for a drainageway/greenbelt. Arapahoe County has offered to quitclaim the site to Englewood , which is approximately 1,051 square feet or 0.024 acres for the hydrant site . There are no confl icts with buried underground utilities at this site . FINANCIAL IMPACT Ten Dollars payable to Arapahoe County . LIST OF ATTACHMENTS Bill for Ordinance Quit Claim Deed I . 0 --r--------------------------------,,,------------ - • --• .. • ... .... Published as a Bill for an Ordinance on the 19th day of November. 1999 . , Mayor ATTEST : 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 cop y of a Bill for a n Ordinance , introduced , re a d in full, and passed on first reading on the 15th day of November, 1999. Loucrishia A. Ellis -2- ., . • f -.. . ' . I • 0 • • ~ • " ,,,.- • >, • - gurr CIAilll DEED 'DDSIDJ>. made this daya ARAPAHOE COUNIY COLORAD O 5334 South Prince Street Littleton. Colorado 80166 .. ~ .1999. of the County of Arapahoe and State of Colorado . grantor(s). and TI-IE CITY OF ENGLEWOOD . COLORADO a Home Rule Municipality whose legal address is 3400 South Elati Street Englewood. Colorado 80110 of the County of Arapahoe and State of Colorado . grantee(s). ,. ... WITNESSETB. That the grantor. for and in co nsideration of the sum of Ten and no /100 -----------------------------------------------------------------------DO LL\RS the receipt and sufficiency of which is hereby acknowledged. has r emised . released. sold . co m ·eyed and QUIT CLAIMED. and by these presents does re mise . release . sell. convey and QUIT CI.AIM unto the grantee(s). its heirs . successors and assigns. forever. all the right. title . Interest. claim and demand wtuch the gramor(s) ha in and to the real property. together With improvements. if any . situate. lying and being in the County of Arapahoe and State of Colorado . described as follows : A parcel of land located In the southeast quarter of the southwest quarter of Section 28. Township 4 South. range 68 west of the 6'" princi pal m eridian. City of Englewood . County of Arapahoe . State of Colorado. b eing more partic ularly desc nbed as follows : Commencing at the southwest corner of the southeast quarter of the southwest quarter of said Section 28: thence north 62°39'54" east. a distance of 774AO feet to a point on the east Right-Of-Way of Raritan Street. as recorded in Book 2352 at Page 330. in the Office of the Arapahoe Co unty Clerk and Recorder. said point also the true point of beginning; Thence north 00°20'00" west. along said east Ri g , Of-Way . a distance of 49.92 feet. to the southerly Right-Of-Way of a no name = .-eet. recorded in Book 2352 at Page 330. In the Office of the Arapahoe County Clerk and Recorder: thence south 68°20·00· east. along said southerly Right-Of-Way . a distance of 45.43 feet. to the northerly corner of the property recorded in Reception No. A7127208 . filed for record in the Office of the Arapahoe County Clerk and Recorder: thence south 51 °40' l l" west. along the northwest line of the property described in the last said Reception Number. a distance of 53.45 feet . to the true point of beginning. Said property contains 1.051 square feet or 0 . 024 acres more or less. As shown on the attached map (Exhibit 8) . • E X H I • I T A ... ) ' I • 0 - • • • •· --• .. .. • •• TO HAVE AND TO BOLD the same . together With all and singular the appunenances and privileges thereunto belonging or in any Wise thereunto appertaining, and all the estate. right. title. Interest and claim whatsoever. of the grantor(s). either in law or equity, to the only proper use . benefit and behoof of the grantee(s). its heirs and assigns forever . IN WITNESS WHEREOF, The grantor(s) ha above . e.'CCCuted this deed on the date set forth Arapahoe County Colorado Ch£@__ Commissioners SfA1E OF COLORADO. I I ss. County of Arapahoe I "S tl' The fo~olng Instrument was ~clm°/Wledged before me this' day of 5-:tt '@Y' ""' }? . Ml (, , ,....i (' ~''>' \ 'a r~v,, ,;::::. , C... (,(L _. 1999 . by I I My commission expires: \.c \ le \ l Cl C 0 Witness my hand and official seal . \I"\ (L \. \(.~\.-._:~ [ \<' \._ C,O C.. b . .S No!arv Plll:lli: J \__) -2- ., . ... .. , .. .. ) I • 0 32X ,. .. • • \ .,.. ,,!. . , .. • I , l 0 • • ,--·----. l 1l .., n ,. . 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SERIES OF 1999 BY AUTHORITY A BILL FOR .. /(}ttiii COUNCIL BILL :'10 . i3 INTRODUCED BY COUNCIL MEI\1BER ______ _ AN EMERGENCY ORDINANCE AMENDING TITLE 8 , CHAPTER 2E . SECTION 2, OF THE ENGLEWOOD MUNICIPAL CODE 1985 . WHEREAS , the Uniform Fire Code , 1994 Ed,uon was a dopted by the passa ge of Ordinance No . 64 , Series of 1994 . by the Englewood City Co uncil : a nd WHEREAS , Ordinance No . 64 , Series of 1994 . co ntains so me typographical e rror s in the numbering of those items requiring a pe rmit: a nd WHEREAS, the typographical errors cr eate co nfusion rega rding the requirem e nt for a permit: and WHEREAS, this Ordinance will clarify that a permit iss ued by the Fire Marshal is required for any activities involving firework s : and WHEREAS, Safety Services predicts that there may be a large number of firew orks in conjunction with the 2000 New Years · celebrations; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COU 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 2E , Section 2 B, of the Englewood Municipal Code , 1985 . which s hall r ead as follows: 8-2E-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE : The foll owing specific changes, modifications and amendments are hereby made in the provi s ions of the Uniform Fire Code , 1994 Edition, herein above adopted : A. Delete Section 103.1.4 . B. Section 105 .8 , Permit required . Delete all item s except the following : g b . l. Bowling Pin or Alley refimshing G-c.6 . Combustible material storage & e .l. Explosive or blasting agents ~-f. 2 . Fireworks K h .2 . Hazardous production mate rials M-m.2 . Mall . covered G o. l. Open burning P. p . l. Parade floats P. p .3. Pyrotechnical special effects material !f-:.il. t.l . Tents canopies and temporary membrane structures -1 - ' ,. ~ ' . ' . , I • 0 32 I - • • • • • .... • •• .. COUNCIL COMMUNICATION Date Agenda Item November 15"', 1999 10 a iii .. Subject: Amendment to Ordinance 64 of 1994 INITIATED BY: STAFF SOURCE: Safety Services -Fire Ben Greene . F ire Marshal COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Adoption of 1994 Uniform Fire Code by Ordinance 64 of 1994 . RECOMMENDED ACTION ' .. An emerqencv ordinance amending T itle 8 , Chapter 2E , Section 2, of the Englewood Municipal <.;ode 1985 . Tn1s 1s an emergency for the preservation of public property . health , peace and safety . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This is a correction of typographical errors in the adoption of Section 105 .8 . Perm it required . in the 1994 Uniform Fire Code . This correction is of the section numbers only , written t it les rema in the same . It is deemed necessary to clarify the section numbers due to the anticipated fireworks in celebration of the millennium. Perm its are required for the display of fireworks in order to prov ide for preservation of public property , health , peace and safety . FINANCIAL IMPACT None LIST OF ATTACHMENTS Proposed Bill for Ordinance ' .. • I . ' . I . 0 a x I . ]- ] • r • • • • •• .. .. $ect,jgn 2. An emergency is hereby declared requiring passage of this Ordinance by reason of the fact that it is necessary for the immediate preservation of public property, health, peace and safety, it is hereby declared that an emergency exists a nd that this Ordinance shall become effective upon its final passage . Introduced , read in full, and passed on first reading as an emergency ordinance on the 15th day of November, 1999. Publiahed as an Emergency Bill for an Ordinance on the 19th day of November, 1999. , 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 an Emergency Bill for an Ordinance, introduced, read in full, and passed on first reading on the 15th day of November, 1999. Loucnshia A . Ellis -2- . .. '· . , .. . ... • .. I • 0 32 \ • • l .. • -• . ' ),-.. ~·· . .. > . ·~ ·, • • • .. .... ~ . /{)l tfl ORDINANCE NO ._ SERIES OF 1999 BY AUTHORITY A BILL FOR COUNC IL BILL NO . 71 INTROD UCE D BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF AN INTERGOVERNMENTAL GRANT BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND COLORADO HISTORICAL SOCIETY TO FUND A HISTORI C STRUCTURE ASSESSMENT OF THE THOMAS SKERRITT HO USE LOCATED AT 3560 SOUTH BANNOCK STREET. WHEREAS, the City Council of the City of Englewood pa ssed Re solution No . 53 , Series of 1999, appropriating the money for the purchase of the Skerritt property: and WHEREAS, the City and the Englewood submitted an a pplication a nd has been awarded a Grant in the s um of $9 ,965 , to fund a Historic Structure Assessment of the house built by Thomas Skerritt, the "F ather of Englew oo d" in 1864 : a nd WHEREAS, the Grant period runs from December 7, 1999 through November 30. 2000 and upon completion of this Grant and based on the findings , conclusions a nd recommendations of the assessment, the City will apply for additional grant funding to rehabilitate the Skerritt house and surrounding property; and WHEREAS , this Ordinance will authorize the acceptance of the intergovernmental Grant between the Co lorado Historical Society a nd the City to fund a Historic Structure Assessment of the Thomas Skerritt House ; NOW , THEREFORE, BE IT ORDAl!\ED BY THE CI TY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sectjon l . The acceptance of the intergovernmental Grant between the City of Englewood, Colorado and Colorado Historical Society to fund a Hi storic Structure Assessment of the Thomas Skerritt House, attached as "Exhibit A", is hereby accepted and approved by the Englewood City Co uncil. Sectjon 2. The Mayor is authorized to execute and the City Clerk to attest and seal the intergovernmental Grant Purchase Order for and on behalf of the City of Englewood , Colorado. Introduced , read in full , and passed on first re a ding on the 15th day of November , 1999 . -1- " .. -. . I • 0 32xl - • • • October 15 , 1999 Hank Long Director, Library Services 3400 S . Elati St. Englewood, CO 80110 Dear Mr. Long : .. • • - (a -COIDRADO HISTORICAL SOCIETY .. .. ,• Congratulations! Your application for a $9965 grant from the State Historical Fund to fund a Historic Structure Assessment of the Thomas Skerrin House has been approved . I have enclosed our most recent State Historical Fund Grants Packet, including a purcha se order with instructions . The packet also includes a busine ss card for the Technical Advisor ass igne d to your project. You should discuss the proj ect wnh your ass igned Technical Ad vi sor before beginn ing work. Again , congratulations, and we look forward to working with you. s~~~ Mark Wolfe Projects Manager Awardmemo State Historical Fund • 225 East 16th Avenue , Suite 260 • Denver, Colorado 80203 • (303 ) 866-2 825 .. . ·, • I . ' . I • 0 X ]- • • --• . I .. 1~.·· .. • -.. ... ~ Published as a Bill for an Ordinance on the 19th day of November, 1999 . . Mayor A'ITEST: 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 15th day of November, 1999. Loucrishia A . Ellis -2- '<.· ., ,: ' ... ' ' , I • 0 32X . ]- • • • • _ .. _ .... • \ . •• .. ., 0 /Colorado Hi storical Society 225 E. 16 t h Ave., Suite 260 Denver, CO 80 20 3 DATE : 10 / 20 /99 IMPORTANT PURCHASE ORDER The PO• and Line Item • must appear en all inwices. packing slips. cartons, and ccrraspondenca . STATE OF COLORADO Buyer: Phone Number: Agency Contact: Phone Number: 303-866-2825 Pam Temple 303-866-2809 FE IN 846000583 Vendor c.,,,tact: Hank LOng Purchase Requis,lion t : Phone : 303 762-2553 Invoice in Triplicate P.O.# 2000-HA-013 State Awerd # BID# ~~~~~~~~~~~~~~~~~~~~~~~~--I To: City of Englewood 3400 South Elati Street Englewood, cO 80110 Payment will ba made by this agency V E N D 0 R SIUp ~~~~~~~~,NSTAU~~-CTIONS~~~TO~VEN~-DOR~-:~~~~~~~~To: State Histor~cal Fund 1.11 tor any reason . dativer/ of tnio-,a~t,eyonO N ao1hleryfonsta1iab0n c:a11 Colorado His co r ical Soci ety ::'~,,,.:Z.".::::,"'Y...:;*'~:i~:}''"9"'01canc,,1anon ,s 225 E. 16th Ave., Suite 260 2. Al cnemicais. lCUiomenl anc, matertall lftUll ccnfcrm to N sianoarcs '11Qll1rea 0y OSHA. Denver, CO 80 203 J . NOTE . AdClillOna l terms ana conditions on ,...,... ..,,. De li very/lnstalla1ion Data : F.0 .9 . SPECIAL INSTRUC TI ONS : See reverse side for "Purchase Order Terms and Conditions". UNIT Of' -UNTCOST I agree to use any and al l funds received by tnis Purchase Order in support of Project H ~COO~· C'J as further des cribe d i n the original pr oj ect--;ipplicacion. I a l so agree co the te:-::i s and conditions l i sted on the reverse of t h e Purcha se Order and Attac hment. Fu ll Lega l ~fame: (Signature ) Position (Ti t l e ): Mayor, City of Englewood Federal ID 1 (TIN) or SSN of Grant Recipient: 84-6000583 Date: December 7, 1999 TOTAL rT'EII CCST TOT.-\L $9,965 Page 'l THIS PO IS ISSUED IN ACCORDANCE WITH STATE ANO FEDERAL REGULATIONS . FOR THE STATE OF COLORADO FORM OP-01 (5/98) 315-30-55-0151 VENDOR Autnonno Stgna1ur1 r I E I 'T 'r I • 0 ·.]- • • • Date November 15. 1999 INmATEDBY Library Department ~ -· • , .. _. . , • .. •• COUNCIL COMMUNICATION Agenda Item 10a iv STAFF SOURCE Hank Long COUNCIL GOAL AND PREVIOUS COUNCIL ACTION .. ... Subject Colorado Historical Society Grant for Historical Structure Assessment of Thomas Skerritt House As part of its mission to preserve Englewood's historic heritage . the City Council in April , 19 99 . authorized $135.000 for purchase of the Thomas Skerritt house and surrounding lots in order to safeguard it for future generations. RECOMMENDED ACTION The Library Department recommends City Council approval of an Ordinance for acceptance of a grant award of $9 ,965 from the Colorado Historical Society for a Historical Structure Assessment of the Thomas Skerritt House. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Earlier this year. the Library submitted a grant proposal to the Colorado Historical Society to acquire funds for the purpose of hiring an experienced firm to conduct a Historical Structure Assessment of the house built by Thomas Skerritt , the "Father of Englewood" in 1864. During the same period , the City released an RFP seeking a bid from architectural firms with experience in conducting similar assessments. Three proposals were received. with the firm of Andrews & Anderson selected as the successful bidder. The grant period runs from December 7 , 1999 through November 30, 2000 . Upon completion of this grant and based on the findings , conclusions. and recommendations of the architect , the Library will apply for additional grant funding to rehabilitate the Skerritt house and surrounding property . FINANCIAL IMPACT During the historic preservation assessment of the Skerritt House the City will pay $6 ,550 for the following related activities: 1. $880 to Andrews & Anderson , who will conduct the historical structure assessment , for revised Scope of Work as per Colorado Historical Society requirements . 2 . $1 ,950 to Colorado Engineering & Surveying , Inc . to conduct an architectural civil survey of the Skerritt property . 3 . $3 ,720 to Major Environmental Services, Inc . to conduct an inspection of suspect asbestos and lead containing building material in the Skerritt house . LIST OF ATTACHMENTS Grant Award Letter ' . .., • ) I • 0 - • • - City of Englev«>od Englewood Public Library October 19, 1999 Nancy McMillan Andrews & Anderson , P .C . 1120 Washington Ave .. Suite 200 Golden, CO 80401 Nancy: . l ~./ ... , ·~ . "' .. • • • •• ' .. ' •, 3400 South Elati Street Englewood . Colorado 80 11 0-2304 Phone (303 ) 762-2560 FAX (303) 762-2576 As earlier promised , I am including in this packet a copy of all of the miscell aneous printed materials from ou r local history files on Tom Skerritt and his family . I hope that you will find some of it useful as yo u go about conducting the historical structure assessment of the property at 3560 South Bannock Street. I am also in clud ing a copy of our grant proposal to the Colorado Historical Fund to pay for this study . As I pointed out to you on the phone this afternoon, I had earlier received a telephone call from Amy Spong at the Colorado Historical Fund informing me of their approval of our grant request. She a lso sent me a revised Scope of Work document, which I subsequently faxed to you for your review. I understood from you that you would call Amy about any questions that you may have regarding specific items listed in this revision and that you wou ld contact either Mike Flaherty or me if such changes necessitate modifications to your orig inal b id . As I also mentioned, I later talked with Pam Temple at the CHS regarding the timeline for signing the grant contract (which she refers to as the "purchase order"). I reiterated to Pam that the first date that we can reques t approval of this agreement by City Council is at their November 15 meeting. This w ill also require a second reading and approval by Council at their next meeting on November 29 . Following that approval . I will ask the Mayor to sign the CHF award on November 30 . Pam also reminded me that we cannot sign a contract w ith Andrews & Anderson until the CHS has received a signed copy of their contract. Thus , I expect we will be able to sign your contract sometime around December 1 or 2 . Please feel free to contact me if you have additional questions or requirements . I look forward to work ing w ith you on this important project. ar:ly/) / ~ Director of Library Services cc: Mike Flaherty. Ass istant C ity Maj)8ger Dan Brotzman , City Attorneyv Ron Miller, Assistant Project Manager Steve Dazzio, Chief Accountant Carol Wilbur. Local History Specialist Amy Spong , Colorado Historical Fund Pam Temple , Colorado H istorical Fund I.it' Pnnted on Rec ycled Paper.-...:. ., .. .. I • 0 ]- • • • ORDINANCE NO . SERIES OF 1999 ,. • • • - BY AUTHORITY A BILL FOR COUNCIL BILL NO . i6 INTROD UC ED BY COU NCIL MEMBER _______ _ AN ORDINANCE AUTHORIZING A QuIT C LA1M DEED BETWEEN ADA.'\! AND KATHERINE LOUISE MULLEDY A'.\1D THE CITY OF ENGLEWOOD, CO LORAD O FOR 11 SQUARE FEET OF THE CITY DITCH RIGHT-OF-WAY LOCATED AT 3697 SOUTH GRANT STREET, ENGLEWOOD . COLORADO . AND A LICENSE AGREEMENT TO C LARIFY THE LO CA TION OF THE CITY DITCH RIGHT-OF- WAY. WHEREAS , a reques t was made by Adam and Kathe rine Mulledy to cl ear title to their home at 3697 South Grant Street a part of which was built on the City Ditch : and WHEREAS , during an Englewood Utilities Depa rtment project of s urveying t he C1ty Ditch, it was discovered that the Mulledy re s idence encroache s into the Ci ty Di tch Right-of-Way by approximately 11 squa re feet; and WHEREAS, the Quit Claim Deed for approximately 11 s quare feet will cl ear the title to the residence located at 369i South Grant Street: and WHEREAS , the license agreement clarifies the location and rights of the p a rties regarding the City Ditch Right-Of-Way; and WHEREAS , the Englewood Water and Sewer Board reviewed and recomm e nde d approval of this License Agreement and the Quit Claim Dee d at their Augu s t 17 , 1999 meeting ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section 1. The "License Agreement" with Adam and Kathe rine Loui se Mulledy is hereby accepted and approved by the Englewood City Co uncil. the Lice nse Agree me nt is attached hereto as "Exhibit A". Section 2. The "Quit Claim De ed" for an approximate eleven s quare feet (11') of the City Ditch Right-of-Way for the residence at 3697 South Grant Street, Englewood is hereby accepted and approved by the Englewood City Co uncil , the Quit Claim Deed is attached hereto as "Exhibit B". Section 3. The Director of Utilities is authorized to execute and the City Clerk to attest and seal the License Agreement for and on behalf of the City of Englewood , Colorado. -I - . . .. I • 0 2 - • • • .. . :· ..... • •• ' ... COUNCIL COMMUNICATION Date Agenda Item Subject November 15, 1999 [Q a V City Ditch Encroachment 3697 S . Grant St. INITIATED BY Utilities Department STAFF SOURCE Stewart Fonda , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION The Englewood Water and Sewer Board, at their August 17 , 1999 meeting, recommended Council approval of the quit claim Deed to Adam Mulledy for a City Ditch Encroachment at 3697 S . Grant St. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED During a Utilities project of surveying the City Ditch, it was discovered that the residence at 3697 S . Grant St., owned by Adam Mulledy, encroaches into the City Ditch right-of-way . The area of encroachment is approximately 11 square feet. Mr. Mulledy was not aware of this situation at the time he purchased the home . The City has agreed to Quit Claim this encroachment area to Mr. Mulledy to clear his title and allow basement construction. The License Agreement allows Mr. Mulledy to use the City Ditch right-of-way as an addition to his back yard and the Indemnification Agreement protects the City in the event of seepage from the City Ditch into Mr . Mulledy's basement. A similar suit with Michael Gisen was mediated in September, 1998 at Arapahoe County District Court resulting in Englewood agreeing quit claim four square feet of City Ditch right-of- way to allow for improvements to the existing residence . FINANCIAL IMPACT None . LIST OF ATTACHMENTS Ordinance Quit Claim Deed Indemnification and Release of Liability Agreement License Agreement ., \ ·, • • J I . C, ?]- • • .. .......... • - ... " ;.._--~-·-------·~~- Section 4 . The Mayor is authorized to execute and the City Clerk to attest and seal the Quit Claim Deed for and on behalf of the City of Englewood , Colorado. Introduced, read in full , and passed on first reading on the 15th day of November, 1999. Published as a Bill for an Ordinance on the 19th day of November. 1999. , Ma yor ATTEST: Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood . Colorado. hereby ce rtify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 15th day of November, 1999. Loucrishia A. Ellis -2- ·~· "· -.. . . ' ) I • 0 • • • • ~ --• . . .. ... .· • .. • .. LICE'JSE ;\GREEcv!ENT THIS LICENSE . .\GREE::vIE:-iT , made and entered into a s of this d ay of -----~ 1999. by and between the CITY OF ENGLEWOOD . a muruci p a l corpora tion of the State of Colorado , herein referred to as "Cit y", and ADA .. \! . .\.. \iD KATH ERI:-1E LOl1SE :Ml"LLEDY h e rein referred to as "Lic e n see ". WIT~ESSETH : The City without any warranty of its title or interes t whatso e ve r . here by authorizes Licensee to maintain a parce l of land in t he C ity 's ngh t s -of-way for t he C it y Ditch, m ore s pecifically descnbed a s a parcel of land s it u ated in t h e :-i orthwest Quarter of t h e Northeast Quarter of Section 3. Towns hip 5 Sou th Ra n ge 68 We st oi the Sixth Prin ci p a l Meridan, City of Englewood. County of . .\rapa h oe , State of Colo r a do and descri bed a s a Right-of-Way twe nty-fi ve feet (25 ') in width along the existin g City Ditch as shown o n "Attachm ent A ' located across a n d along a parcel descnbed as t h e Sou th 50 feet (50') of P lot 3. B lock 3, Higgins Broadway . .\ddmon . reco r ded m the office of the . .\ra p a h oe County Clerk and R ecorder in Re cep n on :-iumber -l-1 9 2 3 . except the West feet ( ·, a n d the East 13 fe e t (13 ') thereof as r eco r de d in Book 753 at P age 5 6 in s aid Clerk and Recor der·-Office . l. Lice n see is granted a n e xclus1Ye license t o the parce l d e;c~ibe here in su bi ect t o the provisio ns of tlus Agree m e nt 2 . In gra ntin g t lus Li ce n se. the C ity reser,·es the right to make full use of the parcel as may be ne cessary or co m ·e ru ent m the operatio n of the City and the City r e t :11ns all right t o ope rate , mai nta in. ins tall. re pair. r e mo\'e or r elocate a n y of the Cit~_., facili t ie s located within t h e Ci t y Di tc h or City R1g h t-of-\\'a y a t a n y time a n d m such a m a nne r a s it dee m s n ecessary or com·eme n t. In the e ,·ent Licensee·· mstallat1on5 s h o u ld inte rfe r e with the C1 t ~'5 use or ope r ation of the City Ditch or Ri ght -of-Way. a t a n y time h e reafte r . Lice nsee s h all. up on request by the City a n d at Lice n see's sole e x pe n se. 1mmed1ately reloca te . re a r range or rem o\'e as mstalla t1 on 50 as no t to in te r fere wit h any such Ci t y u se and t o r e m o,·e the installation of Licensee whe n n ecessary or co n\'e nient fo r t he Cay. i t s successor s and assigns. 3 . Subject to t h e pro,·is ion s co nt:11 ned m pa r agra p h 2 . t h e Ci t y s h all ha\'e the ri ght t o maintain . ins t all. repair . r emove or r elocate the C it y Ditch or a n y oth e r oi it s faci.lmes or in stall a tion s wi t hin the City's Righ t -of-Way , a t any time a n d m ;u ch manne r as t h e City de e m s ne cessary o r co n ve nient. The Ci ty reserves t h e e xcl u s i\'e n ght to co ntrol all ease m e nts and mstall anon s. -l . The ngh t s a n d pr ivileges gra nte d m this Licens e s h all be s u biect to p n or agreeme nts . licenses and/o r gr a nts, r eco r ded or unreco r ded. a n d 1t s h all be t h e Licensee's sole r es p on s ib ilit y to dete rmi n e t h e e xiste n ce of said agr ee m ents. lice n ;es or grants or conflictin g u ses or in stallat io n s . 5 . The Li ce n se e s hall h ave the n ght to m ai ntain t h e above desc nbed pa r cel mcl udmg but n ot li mited to planting a nd t r imm ing grass a n d/or bus h es , fer t1hza t1 on and irr igation and remova l of t r as h a nd brush. 6 . i . Access to t he pa r cel by Ci ty pe r so nne l mus t be m aintain ed by Lice n see fo r inspection and ma inte n a nce. No construction . othe r tha n the e xis ting w oo den fe n ce , s h all be allowed on this parcel withou t e :tpress wntten pe rm iss ion fr om the City . • .. X ... I D I T A .. ' . ., I • 0 - • • • .. • .. • •• .. ... 8. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmless the City, its officers and employees, shall not terminate in any event. 9 . The rights granted Licensee hereunder may not be assigned without the written consent of the City . 10. Licensee shall comply with all applicable laws and ordinances and all rules , regulations and requirements of any environmental standards and conditions applicable to the City Ditch or City Right-of-Way. If, as a result of the Licensee's occupancy of the premises and its operation hereunder, any such law , ordinance. rule or regulation is violated, Licensee shall protect, save harmless , defend and indemrufy the City from and against any penalties, fines . costs and expenses including legal fee s and court costs incurred by the City, caused by , resulting from or co nnected with s uch violation or violations, and this License shall terminate immediately. IN WITNESS WHEREOF, this instrument has been executed as of the day and yea r first above written. APPROVED: Stewart Fonda, Director STATE OF COLORADO COUNTY OF ARAPAHOE ) ) BS . ) CITY OF ENGLEWOOD acting through and by its Water and Sewer Board Chairman LICENSEE : By : ____________ _ Adam Mulledy The foregoing instrument was acknowledged before me this __ day of -----~ 1999, by Adam Mulledy. Notary Public My commission expires: -------- -2- • ' . .. .. . , · . , I • 0 32X - ] • t • • • ..... "• • ••• .. .. By: __________ _ Katherine Louise Mulledy STATE OF COLORADO ) ss. COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before me this __ day of -------· 1999, by Katherine Louise Mulledy. Notary Public My commission expires: -------- -3- ' .. 0 ' . ,. .,. . ' . I • 0 0 ") i \J j )> .; l/l ~ vi .,~ m rTJ > ;o ~, ( . •. 1.,1 ~>-;;;;:---_: ~ --7,1-· - ~ -··-·------- S. 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' ,--------------------------------.·---- • • 16 ' ' .............. . ·-· .... .. ",, .. .... . . ............. ,• I • ......... I I I I ,• I •" • • ::. • .. : :; :.: : ·: : ::. : · .. :: '! .... ,. ...... -.. ,-..... .... •-' ....... ' '' '''' ............ ' ....... . ................ I • I .,•"" 8 ..-. - · . .:..=:.3c:-I:"'E!:~ _.; P3.c,e 2 o: 2 FOUND N0.5 RS NO CAP EXIS NG "L CF C RB FOU ND NC.5 'sS NC (;1;: 2 g::c · S ;G & :s,.. :: 1-::, Ch".:. P":;;:: CC«., 3: ... ... Ol p 0 0 z g1 in I "'I ,r, I I .:.· 4 -:· ---• 8 . I l._ _______ __:.N~8::.:9:...·...:· c::..·=.::~S:-" ...:::7;;-::;--;-...:_::2:..::9...;5::._'_' :;..:.· _' ------~-. s~ :·:p; I I I I I I I I I I I I 8 1 :1 a.. er -.:r·~ I[) Ol r--.. lt1 r--.. ~. a:: I I I r - 1 , I I I __ j I I I a:: .._, o ' •If') • ~ I ~.:; .·: :: '·,. :: ........... i:•:Ci< 6,::-=: =:c:: 2C 1 ,,, -· . ........... -.. . . ~ -. . -. -. . ' ' ' .. . FOL' D NC.5 ~= N CA;:: 2E:',- 3 .2 'S /., &: J.::· N/C CA LC:. O~CF -::Fi . F::'-I C~ IS 2 g · ·-· .... F'C L'N N .5 ~S NC u;: 2E'-I- ~ B Y 2 .73' c:..::l~ I . ENCROACf-JESI ~K -;l' .,. . NUM!:E~ ,..:; 5 5 19.;CE 4 5 . G~AN• 5 - .- C ~ c.; Cl. ..,,: .r, ~ • :::: :, J ---. I I I I ~ ' I I -~ FE:NCE: IS 3.'. S _1 C Cl C RO W L'NE KENYON AVENUE l --• • ~ Cl) ~ < cc C, CJ) ) I I ~ i ) I • - • • • • •• ' ... .. gurr CLAIII DEED .1999 .~ niE CrIY OF ENGLEWOOD. COLORADO . a Home Rule Municipality 3400 South Elati Street Englewood. Colorado 80110 of the County of Arapahoe and State of Colorado. grantor(s). and whose legal address Is ADAM AND KATIIERINE LOUISE MULLZDY 3697 South Grant Street Englewood. Colorado 80 I 10 of the County of Arapahoe and State of Colorado . grantee(s). .. Wl'l'lllESSETB. That the grantor. for and in consideration of the sum of Ten and no/100 ----------------------------------------DOLLARS the receipt and sufficiency of which Is hereby acknowledged. has remised. released . sold . conveyed and QUIT CLAIMED . and by these presents does remlse . release. sell. convey and QUIT CLAIM unto the g rantee(s ). Its heirs. successors and assigns. forever . all the light. title. interest. claim and demand which the grantor{s) have in and to the real property. together with improvements. if any. situate. lying and being In the County of Arapahoe and State of Colorado . desclibed In "Attachment A" attached hereto and incorporated herein by reference. Said property contains 11 square feet . TO HAVE AND TO BOLD the same . together with all and singular the appurtenances and prtvtleges thereunto belonging or in any wise thereunto appertaining , and all the estate. light. title. Interest and claim whatsoever. of the grantor{s). either in law or equity. to the only proper use. benefit and behoof of the grantee(s). Its heirs and assigns forever . IN Wffl'f!:SS WHEREOF, The grantor has executed this deed on the date set forth above. CrIY OF ENGLEWOOD . COLORADO ATIEST: Loucrtshla A. Ellis . City Clerk ThomasJ. Bums. Mayor .. • X H I • I T B • .. . I . ' . I • 0 - • • LEliAL DESCRII' I !ON • .,.--. • .. • -.. "l\t t.:1du1en t /\" to Oui t c 1.-d.r1 L~l for t he City o f Enylewood lo r1u11cuy llateu ~-~-------Page l of 2 /\ Parcel of lanJ. locatcJ i11 a part of the Northwest ()uartcr .,f the Northeast f)uarter .,f Sccllun ). Township 5 StlUlh. Ran~c <i8 W l'Sl. of the Sixth P1iucipal Mt·1H.fo111 . l'ity ofE11gl~wuot.1. l ·ount) uf Arapahoe. Slalt! of l'oloradu. hcing more panicularly Jcscril,.,:d as lollows: Commencing at tht.! NnrthC'ast comer of the Soulhwcst Quai tcr of the Nm thcast Quarter of saitl Section J : l"hcncc Norlh 7K 0 4K '55" \\11:st, ;,1 di ~t:uu.:c of J 5K.4)9 lcct . I h cm.:e South H1}0 0 7'J 5" \Vc s l. a di~tmu.:c of ~.95 fl'CI, lo ;,1 p11i111 1111 llu: Snutlu .. ·1 l y l<igh1 -ol -\V ay of lhc < ·11~· I >i1d1 : I lu.:iu.:t.· S11111h 74°49'54 '' West , aht11g c:;aid Sotlllu.:ily l(ight-i•I -\Vay , a di~1a11cc 11 1 IM 70 lccl . lu the iutcr!'-\.·l.'.t1,111 ol lh\: ~:till Soulhctly R1ght -nf-\\fay and lhc No ,thcily lilll' nr:i h11ild111g nn 1ltc p11tll\.TI)' l'Cl't1 Hkd 111 R1.!l.'.cpll1 111 Numhcr l'J.lOK4. in lite O IHcc of the A1ap,1huc County t ·krk anJ ltc..·l·-.,1Jcr. sa1J p1111H al su hcin~ the ·rruc 1•oint or lkgim1i11t;; Thence a lungsaiJ Southerly l<oghl -ol-Way. along the lullu\\nog '"" (2) courses : I .) South 74 °41/'54" West. a ,listancc uf 5.(, I feet ; 2 .) South 65 °07'08" Wcsf. a Jistance ui" J . 70 feet. tu the Wes lco ly lone ur saiJ UuilJing; ·1 hence North 00°50' 18 " Wcs l. :olu11g said WeSfco I) lh11IJ111 ~ lon e. a Jo ·t.111cc uf 2 .'!'I feet : I he nce ,., tlo 89°44'3 I " East. a Jistauce of 8 .82: fl·et . to the True 1•0 1111 or lkgin11111g . SaiJ l'arccl of lanJ conlains 11 s,1uarc foci. The Oasis of llcarin~s was lunncJ l,c,,,,l·en twv Ct,u 11J nHmu111c111 s tu1 the N1 1rtl1 li11c of tl1c Suutlh:ast (juartcr of the Northwest (juancr ur s aiJ Sccllun ). hci11g N .. o oh 8'1 "07' JS" Easl. /? ~ --~/~ L {,-1..~x,r/' ~?. ~j~i~;" .. :·-, . UuWaync M . l'hillips l'I..S #9 >2'1;,'-~~s,f"., ·. City of Eng lewood "City Ditch'' 3697 S. Grant St . RMC Job Nu. 2R82.0IO.OO Doc . No . C :\Pruject\28820IOIC.mtlcgl.wpJ . '~ .. . ~ For am.I o n lkhalf of ,. ,..? :1 ··. t::J Ruck y .. ~l11u11tai11 Cuns~ltanl$. ln{~ -'"i r, RJUI E. l'rcnt1Cc /\,c. Ste. Ill! •. /_•:. EnglewouJ. t'O Ro I I I . ·,; :·'.·• ••••••• • ~';·' ()OJ) 741-60011 ·· ..... "NA[ l h11\::.··· ···-.;:u1mt\··· Date: 8-18 · '?1 May 12, 1999 VRJ Revised August 18, 1999 VJU ' . ,, .: .. ', • ' .. ~ I • 0 32.X: • • • LINE L1 L2 u L4 LS L6 .. • .,.., . • ) .. • -' r ,,11e 2 o f 2 EXHIBIT LOGAN (25.>I (Jo') smEET \ P.O.C. --------,--;;:r~---, f 5\E C~/4, NE 1/4 NE COR, SW 1/4, NE 1/4 SE C. 3 T5S. R6BW. 6TH PM SEC . 3 T5S, R6BW, 6TH PM FOUND NO . 5 REBAR fOUND NO . 5 REBAR 0 NO CAP ::.-··.: :·: :• SCALE : 1 • = 50' 4 CITY DITCH' N 00·09 44 W S. GRANT ST. BEARING DISTANCE s e9·or35" w 5 .95' "' S 74•49'54" w 16 .70' " -00 S 74 •49'54" W 5 .61' ID N S 65"07°06" W 3.70' ~~ N 00'50'1B" W 2.99' 0 <( ma. N e9•44'31" E 6 .B2 ' 75 .9°(R) B 7 I I ,-..: VI ..., w u :::> w z V, .. ~ ~ < z .,· w V, ~ w z :; ~ ;i w ~ 0 co "' V, - ~ 1-· :u1[!; 0 V, o..., f ..,o ~ ~r,...W w w ._~ m i.....::c QVl "-w "-o_ i':oO Vll{) -0 vi ...,,u,,; "_,., p ~~ _.; 011·0 I co no z-. " NQ r; I- Cl) < w ao:... _______ .J.. ____ co ( 5 ) ----,r---,,-~--,----, ( 5 ') JO') I', THIS EXHl!IIT 00£S NOT REPRESENT A ~NT[D SURVEY. IT IS ONl Y IN1DIDED TO DEPICT TH[ ATIACH[D 0CSCRIP110N . NW COR, SW 1/4, -/ NE 1/4 SEC. 3, / T5S, R66W, 6TH PM fOUND ALUMINUM CAP ON PIPE ROCKY MOUNTAIN CONSULTANTS , INC . SHEET 2 or 2 ILLEGIBLE JOB NO. R(VIS(O OI 11S 99 VRI • ' . 0 , I • 0 .] • • .. -• .. • •• INDEMNIFICA,TION A.ND RELEASE OF LIA,BILITY A.QREEl\fENT THIS INDEMNIFICATION A.ND RELEASE OF LL<IBILITY AGREEME:-.JT. made and entered into as of this day of , 1999, by and between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado , herein referred to as "City", and ADAM AND KATHERINE LOUISE MULLEDY herein referred to as "Owner''. WHEREAS , the house owned by Adam and Katherine Louise Mulledy loca ted at 3697 South Grant was inadvertently built partially withm the City Ditch Right-of-Way ow ned by the City of Englewood; and WHEREAS, as the City Ditch Right-of-Way also runs across and through the r ea r yard of 3697 South Grant Street; and WHEREAS, both the City and Adam and Katherine Louise Mulledy agree that r equi.nng Adam and Katherine Mulledy to remove the structure would result in a great deal of expense to Adam and Katherine Mulledy ; and WHEREAS, the City has agreed to Quit Claim that portion of the Right-o f-W ay upon which Adam and Katherine Mulledy 's residence sits ( approximately 11 square feet); and WHEREAS , the City has also agreed to grant a License to Adam and Kathenne Mulledy for the use of the Right-of-Way for lawn purposes ; and WHEREAS , Adam and Katherine Mulledy, the owners of 369i S outh Grant have expressed a wish to construct a basement at the residence : and WHEREAS, the City Ditch has been piped for several years where the City 's Right-of-Way crosses the property located at 369i South Grant Street; and WHEREAS , 1t is the nature of ditches of this type to leak, especially where the piping 1s older; and WHEREAS, the City has given no assurances to Adam and Katherine Mull edy that t he City Ditch is not leaking where it crosses their property, or near their property ; and WHEREAS , the Owner agrees the City Ditch requires subjacent and lateral s upport : WHEREFORE , the Parties agree as follows : I. Adam and Katherine Mulledy, the owners of 3697 South Grant Street, are aware of the nature of the City Ditch and hereby agree to guarantee the subiacent and lateral support required for the City Ditch . 2 . The Owners understand that the City Ditch may leak water onto or under the area of the property at 3697 South Grant Street and that the addition of a basement may result in damage to the basement from such leakage . 3. The Owners agree to be liable and hold harmless the City of Englewood, its employees, tenants, guests and invitees from any and all claims, causes of action , and liability which may occur as a result of the actions of the Owners in • · . -.. 0 I • 0 X - • • • .. • ,,...- • ""*'·· .. ·, • ... -' ... .. connection with the construction of a basement, including the co st of defending against such claims . The Owners understand that the City of Englew ood has absolutely no liability for any damage to t he Owners or their property a s a result of the construction of a basement. 4 . The Owners agree that this release shall be binding on their heirs, assigns or any future owner of the property . 5. This Agreement shall be recorded at the Office of the Clerk and Reco rder of Arapahoe County, Colorado . IN WITNESS WHEREOF, this instrument has been executed as of the day a nd ye ar first above written. APPROVED : Stewart Fonda, Director STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) CITY OF E!\GLEWOOD acting through a nd by its Water a nd Sewer Board By ___________ _ Chairman OWNERS OF 3697 South Grant St.: The foregoing instrument was acknowledged before me this L'lday of A},:,ye...,/-r'.c , 1999, by Adam Mulledy . My commission expires : _.._2..,_/_,c...._,1 ... / ... .z ... c ... o_,<,,,.· ~- -2- • . ,.. .. ' .. . • .. I • 0 2X .. --• -,. ·, • -.. STATE OF COLORADO ) ss . COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before me this L day of lvo11C,13 k" , 1999, by Katherine Lowse Mulledy. My commission expires: --'7-'/-='-'....._/_2_0_· o_ .... ;;;;.· _ Notary P~c • -3- ... .. .. ' .. -,, .. • • · .. ' ' ' . I • 0 . ] • • ORDINANCE NO ._ SERIES OF 1999 _,,-. • • - BY AUTHORITY .. .. ... COCNC IL BI LL NO . 58 I. TRODUCED BY CO UN CIL ME:\<IBER WAGGONER AN ORDINANCE FIXING THE TA.'< LEVY IN MILLS UPO~ EAC H DOLLAR OF THE ASSESSED VALUATION OF ALL T . .\."'\ABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD . COLORADO , AND ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD DOWNTOWN DEVELOP~lE~T A 'THORITY . WHEREAS , it is the duty of the Ci t y Co uncil of the City of Englew oo d . Co lora do. under the Englewood Home Rule Charter a nd Co lorado Revised Statutes . ma ke t h e annual levy for City purposes: and WHEREAS , the City Co uncil has duly cons idered the estima ted valuation of all the taxable property within the Ci t y a nd the nee ds of the City and of each of aid 1 vies and has determined that the levie s as he r ei nafter se t forth . a r e proper a nd wise . and WHEREAS , the following levies a r e permitted under Arti cle X. Secti on 20 of the Colorado Constitution without a vote by the citizens: NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO NCIL OF THE C ITY F ENGLEWOOD, COLORADO . AS FOLLOWS : Sectjon 1. That there be and hereby is levied for the yea r of 1999 . due a nd pa yable as required by statute in the year 2000, a tax of 5.8 80 mill s on t he dollar fo r t he General Fund of the City of Englewood , Co lorado, a nd 1.1 i5 mill s on the dollar for the Community Center Bond Fund Debt Service Fund of t he Ci ty of Englewood , Colo r a do . That the levy herein above set forth s hall be levied up on each dollar of the assessed valuation of all taxable property within the corporate limits of the City of En gle wood . Colorado, and the said levy shall be certified by law . Sectjon 2. That under the authority of the Colorado Revise d Statutes and the Englewood Home Rule Charter, there is hereby levied for the year 1999, due and payable as required by law in 2000, a tax of 4 .39i mills on the dollar for the u se and benefit of the Englewood Downtown Development Authority . The levy herein above set forth shall be levied upon each dollar of assessed valuation of all taxable property within the Englewood , Co lorado, Downtown Development District, and the said levy shall be certified as required by law . Introduced, read in full , and passed on first reading on the 18th day of October , 1999. -1- .. 10 bi I • 0 - • • • .. • -.. .. Published as a Bill for an Ordinance on the 22nd day of October, 1999. Read by title and passed on final reading on the 15th day of November, 1999. Published by title as Ordinance No.~ Series of 1999, on the 19th day of November, 1999. A'M'EST: , Mayor 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 cop y of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 1999. Loucrishia A. Ellis -2- '· . ' . .. .,, ', . ' . 0 I • 0 32X • • ORDINANCE NO. SERIES OF 1999 '··· .. • • • BY AUTHORITY .. COUNCIL BILL NO. 59 INTRODUCED BY COUNCIL MEMBER BUR'.\'S AN ORDINANCE ADOPTING THE B UDGET OF THE CITY OF E:--lGLE\VO OD , COLORADO. FOR THE FISCAL YEAR 2000. WHEREAS . pur uant to the provisio ns of Part I of Article X of the Ch a rter of t h e City of Englewood . Colo r ado, adopted by the vote rs on July 8 . 1958 , a budget fo r the fiscal year 2000 was duly submitted by the City Manager to the City Council on September 9 , 1999; and WHEREAS . a public hearing on the said budget was held by the City Co uncil witlun three weeks after its s ubmissio n at the meeting of the City Council on September 20, 1999, regular notice of the time and place of said hea rin g having bee n published w1tlun seven days after s ubm1 ss10 n of the budget m the m a nner pro,,ded ,n the Charter for the publication of an ordinance ; and WHEREAS . the City Co uncil of the Ci ty of Engle wood ha s studied the budget on numerous occasions ; and \llHEREAS, it is the intent of the City Council to adopt the 2000 budget a s now submitted; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO. AS FOLLOWS : Sectjon 1. That the budget of the City of Englewood , Colorado , fo r the fi scal year 2000 , as submitted by the City Manager and duly considered by the City Cou ncil af e r public hearing, be and hereby is adopted as the budget for the City of Englewood for the fi scal year 2000. Section 2. GENERAL F UND Total Fund Balance, January I , 2000 Reve nues Sales/Use Tax Property and Specific Ownership Tax Franchise/Occupation/Cigarette Tax License/Permits Intergovernmental Revenue Charges for Services Cultural & Recreation Fines & Forfeitures Miscellaneous -I - 2000 61 iPGET $ 4 .3 10 .806 21 ,300,000 2 .374 ,000 2 ,491 ,000 602 ,569 1,526,200 1,413,590 1,422 ,950 767,500 443 660 •, .. 10 b ii I • 0 • • •. ,~~ l Total Revenues Other Financing Sources Total Sources of Funds Expenditures Legislation City Attorney's Office Municipal Court City Manager's Office • • •• Administrative Services (Hum a n Re so urce } Financial Services Public Works Safety Services Neighborhood & Business Developme nt Library Services Recreation Services Transfers Out Contingencie s Deb t Service Total Use of Funds Total Fund Balance, December 31 , 2000 Sectjon 3 DEBT SERVICE FUNDS Communjty Center Bond Debt Seryjce Fund Fund Balance, January 1, 2000 Revenues Expenditures Fund Balance , December 31 , 2000 ... ... 2000 Bl iDGET $32 .3.tl ,-169 $ -0- $32 341 :169 248,103 624 .172 664 ,060 559.810 588.608 2.4 16 .96i 4 .2 2 . 86 13 .0i5.825 1,559,082 l ,l 70.6il 4 .1 i0.241 S -161.02 5 $ 6i3,000 l 249 925 $31 ,74-l ,375 S 4 ,907,900 s $ $ $ 118,995 435 ,000 480 ,790 73 ,205 Paving District · Englewood Commerce & Industry Center Debt Service Fund Fund Balance , January 1, 2000 $ 11 ,603 Revenues $ 36,701 Expenditures $ 1,900 Fund Balance , December 31 , 2000 $ 46,404 -2- • ' - .. ', I • 0 x I • • -· • l· •• : .. .. -.. ..... . • -.. .... 2000 BUDGET Paying District #35 Debt Seroce Fund Fund Balance. January 1, 2000 $ <172.232> Revenues Miscellaneous s 46,598 Expenditures $ 2 ,700 Fund Bal11nce , December 31 , 2000 $ <128.334 > Paving District #37 Debt Seryjce Fund Fund Balance, January 1, 2000 $ 5 73 Revenues $ 2 ,716 Expenditures and Transfers $ 3 ,250 Fund Balance, December 31 , 2000 $ 39 Paying District #38 Debt Seryjce Fund Fund Balance, January l , 2000 s 423 .0 8 2 Revenues Miscellaneous $ 95.000 ) Expenditures $ 512.200 Fund Balance, December 31 , 2000 s 5, 2 Concrete ftcp)acement District 1995 Fund Balance, January 1, 2000 s <2 , ,3> Revenues $ 9 ,330 Expenditures $ 750 Fund Balance, December 31 , 2000 $ <20,293> Section 4 SPECIAL REVENUE FUNDS • Conservation Trust Fund Fund Balance, January 1, 2000 $ 288.488 Revenues $ 324.290 Expenditures $ 319,299 I • 0 Fund Balance, December 31 , 2000 $ 293 ,479 -3- 2x - • • • Commercjal Revolyjng Loan Fund Fund Balance, January 1, 2000 Revenues Expenditures Fund Balance, December 31 , 2000 Community Development Fund Fund Balance, January 1. 2000 Revenues and Transfers In Expenditures Fund Balance, December 31 , 2000 Donors Fund Fund Balance, January l , 2000 Revenues and Transfers In Expenditures Fund Balance, December 31, 2000 Section 5 CAPITAL PROJECT F U!\i"DS Publjc Improvement Fund Fund Balance, January 1, 2000 Revenues Expenditures Fund Balance, December 31 , 2000 Capjtal Projects Fund /fYCP} Fund Balance, January l , 2000 Revenues Expenditures Fund Balance, December 31, 2000 -4- ~------------y--• •~ - .. • • - , . .. ... A 2000 BUDGET $ 149,097 s 4,500 $ 25.000 $ 128 ,597 s 3 ,770 $ 103 ,000 s 103 .000 $ 3 ,770 $ 142 ,082 s 173 ,600 s 213 ,667 $ 102.016 s <86 ,870> $ 3 ,946,400 $ 3,268,000 $ 591 ,530 $ 1,038,890 s 211 ,025 $ 1,249.915 $ -0-I • 0 32X :.] I • ' • -----~-------------------------------------- • I•• • - Sectjon 6 INTERNAL SERVICE FUNDS Seryjcenter Fund Funds Available , January 1, 2000 Revenues Expenses Funds Available , December 31 , 2000 Capital Equjpment Replacement Fund Funds Available , January 1, 2000 Revenues Expenses Funds Available , December 3 1, 2000 Central SeryjceQ Fund Funds Available . January 1, 2000 Revenues Expenses Funds Available, December 31 , 2000 Property and Ljabjl ;ty Self-Insurance Fund .. whjch shall now he designated Rjsk Management Fund Funds Available , January 1, 2000 Revenues Expenses Funds Available, December 31 , 2000 Health Self-Insurance Fund whjch shall now be designated Employee Benefits Fund Funds Available , January 1, 2000 Revenues Expenses Funds Available , December 31, 2000 -5- 2000 BUDGET $ 1,024 ,680 $ 1,399,265 $ 1.490,600 $ 933.345 $ 1.115 ,990 $ 7 11.062 $ 993 ,303 s 8 3 3 ,749 s 69,055 $ 3 16 ,257 $ 300,169 $ 85.143 $ 692,787 $ 700,235 $ 65 1,900 $ 74 1.122 $ 826,962 $ 2,974 ,767 $ 2 ,9 74 ,767 $ 826,962 I • • • • .. ,~ .. ,I .. Sectjon 7 ENTERPRISE F UNDS Water Fund Funds Available , J a nuary 1, 2000 Re ve nues E xpense s Funds Av a ilable , December 3 1, 2000 Sewer Fund Funds Ava ilable, J a nua r y 1, 2000 Revenues Expens es Funds Av ailable. Dece mb er 3 1, 2000 Storm Drainage Fund Funds Av aila ble , January 1, 2000 Re venues Expe n s es Funds Available , December 3 1, 2000 Golf Course Fund Funds Ava ilable, January 1, 2000 Re venues Expe nses Funds Avail a bl e , December 3 1, 2000 Concre te Ut ility Fund Funds Available , January 1, 2000 Re venues Expenses Funds Ava ila bl e, De ce mber 3 1, 2000 -6- • • •• .. .. .. .. · . • . . , 2000 Bl DGET $ 5 ,601.497 $ 5 .554 ,8 0 4 $ 7 ,29 0.847 $ 3 ,865,454 $17 ,3 17 .138 $ 6 ,743 ,400 s 8.160 ,03 1 $1 5 ,9 00 ,50 6 $ 294 ,362 ) $ 137 ,000 $ 75 ,568 $ 355 ,794 $ 604 ,646 $ 1.825.778 $ 1,8 16 ,411 $ 6 14,0 13 $ 283 ,26 9 $ 525 ,000 $ 5 17 ,234 $ 291 ,0 34 I • 0 • ' • .. .. ... Section 8 FIDUCIARY FUNDS Maney Center Trust Fund Fund Balance, January 1, 2000 Revenues Expenses Fund Balance, December 31 , 2000 Parks and Recreation Trust Fund Fund Balance, January I , 2000 Revenues Expenses Fund Balance . December 31 , 2000 .. • ,,.. .. • • -.. Special Asi;eeement Surplus & Deficiency Fund Fund Balance , January 1, 2000 Revenues Expenses and Transfers Fund Balance, December 31 , 2000 Sect19n 9 JOINT VENTURES . . ... ~ 2000 BUDGET s 268,0 38 $ 18 ,000 s 60,000 s 226 ,038 s 105 ,129 $ 15.000 s 6 ,075 s 114 .054 s 121 .807 s 65 ,141 s 5 ,700 s 181 ,248 LITI'LETON/ENGLEwoop WASTEWATER TREATMENT PLANT JOINT VENTURE Funds Available , January 1, 2000 $ 115 ,6 74 Revenues Expenses Funds Available, December 31 , 2000 S 9 ,747 ,620 S 9 .747 ,620 s 115 ,674 Sectjon 10 . That the said budget as amended and accepted s hall be a public record in the office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. Introduced, read in full , and passed on first reading on the 18th day of October, 1999. -7- ~ ''• " . ' I • 0 32X - • • • -• "; .. ........ • -.. ... Published as a Bill for an Ordinance on the 22nd and 29th day of October, 1999 . Read by title and passed on final reading on the 15th day of November, 1999. Published by title as Ordinance No .~ Series of 1999, on the 19lh day of November, 1999. ATTEST: , Mayor Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis. City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 1999. Loucrishia A. Ellis -8- "· .. · .. - 0 I • 0 32X . ]- • ) .. ... ~ ORDINANCE NO._ SERIES OF 1999 . ·, • ,,-·· • • - BY AUTHORITY .. .. .. .. COUNCIL BILL NO . 60 INTRODUCED BY COC'.'/C IL MEMBER WAGGONER AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL P URPO SES I N THE CITY OF ENGLEWOOD , COLORADO , IN THE FISCAL YEAR BEGI NNI NG JANUARY 1, 2000, AND ENDING DECEMBER 31 . 2000 , CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2000. NOW . THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sectjon 1. That there be and there hereby is appropriated from the revenue de rive d from taxation in the City of Englewood. Colora do. from co llection of license fees a nd from all other sources of reve nue including available fund balance during the yea r beginning January 1, 2000, and endin g Decembe r 3 1, 2000 , the a mounts he rei nafte r set forth for the obje ct and purpose specified a nd se t opposite thereto , specifically a s follow s: Legislation City Attorney's Office M unicpal Court City Manager's Office GENERAL FUND Administrative Services (Human Re sources) Financial Services Public Works Safety Services Neighborhood and Business Dev . Library Services Recreat ion Services Contingency Transfers Debt Service Tot.al General Fund S 24 8 ,103 62-t ,Ii2 66-t .060 559,8 10 588.608 2 ,-t 16 .967 4.2 82.886 13 ,075 ,825 1.559.082 1,170 ,67 1 4 ,170,241 673,000 461 ,025 1 249 925 $ 31 ,i44 .375 COMMUNITY CENTER BOND DEBT SERVICE FllND Total Community Center Debt Se.rvice Fund $ 480 ,i90 PAYING DISTRICT· ENGLEWOOD COMMERCE & INDUSTRY CENTER DEBT SERVICE FUND Total Paving District · Englewood Commerce & Industry Center Debt Service Fund -1 - $ 1,900 .. .. . ' 10 b iii ) I • 0 . ]- • • .. • ,, t • •.' ...... • - PAVING DISTRICT #35 DEBT SERVICE FUND Total Paving District #35 Debt Service Fund PAVING DISTRICT #37 DEBT SERVICE FUND Total Paving District #37 Debt Service Fund PAVING DISTRICT #38 DEBT SERVICE Ft NP Total Paving District #38 Debt Service Fund .. ' $ 2.700 $ 3,250 $ 512 ,200 CONCRETE REPLACEMENT DISTRICT 1995 DEBT SERVICE FJJND Total Concrete Replacement District 1995 Fund CONSERVi\TIQN TRUST FUND Total Conservation Trust Fund COMMERCIAL REVOLVING LOAN FUND Total Commercial Revolving Loan Fund COMMUNITY DEVELOPMENT FUND Total Community Development Fund DONORS FUND Total Donors Fund PUBLIC IMPROVEMENT FUND Total Public Improvement Fund CAPITAL PROJECTS FUND <FYCP} FUND Total Capital Projects Fund SERVICENTER FUND $ 750 $ 319,299 $ 25 ,000 $ 103 ,000 $ 213 ,667 $ 3 ,268.000 $ 1,249,915 Total ServiCenter Fund $ 1,490,600 CAPITAL EQUIPMENT REPLACEMENT FUND Total Capital Equipment Replacement Fund $ 993,303 -2- • • 0 I • 32 I • .. ~ ,,-- • .. .. • -.. ... CENTRAL SERVICES FUND Total Central Services Fund $ 300,16 9 PROPERTY AND LIABILITY SELF -INS URANCE Fl ND WHICH SHALL NOW BE DESIG NATED RISK MANAGEME NT FUND Total Property & Liability Self-Insurance Fund $ 6 5 1,900 HEALTH SELF -INS URANCE FUND WHICH SHALL NOW BE DESIG NATED EMPLOYEE BENEFITS FUND Total Health-Self Insurance Fund WATER FUND Total Water Fund SEWER FUND Total Sewer Fund STORM DRAINAGE FUND Total Storm Drainage Fund GOLF CO URSE FUND Total Golf Course Fund CONCRETE UTILITY FUND Total Concrete Utility Fund MALLEY CENTER TRUST FUND Tot al Malley Center Trust Fund PARKS AND RECREATION TRUST FUND Total Parks and Recreation Trust Fund $ 2 ,9 74 .76 7 $ 7,290.8-ti $ 8 ,16 0 .0 3 1 $ 75 .568 $ I. 16 ,4 11 $ 5 17,234 $ 6 0 ,000 $ 6 ,07 5 SPECIAL ASSESSMENT SURPLUS & DEFICIENCY FUND Total Special Assessment Surplus & Deficiency Fund $ 5,700 -3- ' ' ~ .. ' .. .. I • 0 32 - • • .. • ,-.,. • •• LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT JOINT VENTURE FUND Total Littleton/Englewood WWTP Joint Venture Fund $ 9 ,747 ,620 Sectjon 2 The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated but s h all not be construed to be appropriated to line items within any groups. even though such line items may be set forth as the adopted budget for the fiscal year 2000. Sectjon 3. All monies in the hands of the Director of Financial Services. or to come into the Director's hands for the fiscal year 2000. may be applied on the outstanding claims now due or to become due in the said fiscal year of 2000. Sectjon 4 All una.ppropriated monie s that may come into the hands of the Director of Financial Services during the year 2000 , may be so distributed a m ong the res pective funds herein as the City Co uncil ma y deem best under such control as is provided by law. Sectjon 5. During or at the close of the fi scal year of 1999, any s urplus money in any of the respective funds , after all claims for 1999 against the same have been paid , may be distributed to any other fund or funds at the discretion of the City Co uncil . Introduced, read in full , and passed on first reading on the 18th day of October, 1999. Published as a Bill for an Ordinance on the 22•d and 29th day of October, 1999 . Read by title and passed on final reading on the 15,h day of November, 1999 . Published by title as Ordinance No._, Series of 1999 , on the 19th day of November, 1999. ATTEST: , Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. ~ Series of 1999. Loucrishia A. Ellis -4- " .. ', , .. I • 0 - - • • .. • • .. • •• ORDINANCE NO._ t SERIES OF 1999 BY AUTHORITY ' COUNCIL BILL NO. 61 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE OF THE CITY OF ENGLEWOOD , COLORADO, AMENDING ORDINANCE NO . 53 , SERIES OF 1999, REGARDING PAVING DISTRICT NO . 38 , SPECIAL ASSESSMENT BONDS. WHEREAS, by Ordinance No . 53 , Series of 1999, passed on final reading and adopted on September 7, 1999 (the "Ordinance No. 53"), the City Council of the City of Englewood, Colorado, provided for the issuance by the City of its Paving District No . 38, Special Assessment Bonds, Series 1999. dated October 1, 1999, (the "SID Bonds''); and WHEREAS, Section 3(b), of Ordinance No . 53 , incorrectly stated that the SID Bonds mature on December 15 , 2009 , when in fact all the SID Bonds are to mature six months earlier; and WHEREAS, it is necessary to amend Ordinance No. 53 , to correctly state the month in which the SID Bonds are to mature; NOW , THEREFORE. BE IT ORDAJNED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section l. Amendment of Section 3/b} of Pntineoce No 53 . The first sentence of Section 3(b) of Ordinance No . 53 . Series of 1999. is hereby amended to read as follows: "The Bonds shall all mature on June 15 , 2009." Section 2. Ratjfif3tion of Pnlineoce No 53 All other provisions of Ordinance No. 53 , Series of 1999, and actions taken in connection therewith are hereby ratified and approved . Section 3. Repealer All ordinances. or parts thereof, inconsistent or in conflict herewith are hereby repealed to the extent only of such inconsistency or conflict. Introduced, read in full, and passed on first reading on the 18th day of October, 1999. -1- ., .. ; 10 b iv I • 0 3 X - • ... • • .. • •. - .. .. Published as a Bill for an Ordinance on the 22•• and 29.a day of October, 1999, Read by title and passed on final reading on the 15th day of November, 1999. Published by title as Ordinance No, ~ Series of 1999, on the 19th day of November, 1999, , Mayor ATI'EST: 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 1999, Loucrishia A, Ellis -2- ' . ' . ' ' 0 I • 0 3 X - • t • • ORDINANCE NO ._ SERIES OF 1999 • • • BY AUTHORITY .. COt..::'lC IL BILL NO . 65 INTRODliCED BY COUNCIL '.\1E'.\IBER BRADSHAW AN ORDINANCE APPROVING SUPPLEMENT NO . 145 TO THE SO "THGATE SANITATION DISTRICT CO. NECTOR'S AGREEMENT FOR THE I NCLUS ION OF LAND WITHIN THE DISTRICT BO NDARIES. WHEREAS, Southgate Sarutation District recomm ends the inclusion of four parcels totaling approximately 9 . ii acres into the Di strict : and WHEREAS, said inclusion is located in Greenwood Village north of East Orchard Avenue, south of Belleview and west of Co lorado Boulevard in Greenwood\ illage (3440 East Garden Lane); and WHEREAS, the zoning of these properties m Greenwood Village is residential zoning and will remain single famil y homes to be build on each lot: a nd WHEREAS, said annexation of this additional parcel of land w1U not increase the tap allocation to the Southgate Sanitation Di strict; and WHEREAS , the Englewood Water and Sewer Board recommended approval of Supplement No. 145 to the Southgate Sanitation D1 str1ct at the September 14 , 1999 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sectjon 1. The Agreement between the City of Englewood and Southgate Sanitation District entitled "Supplement No. 145 , to Connector's Agreement··, which includes four parcels totaling approximately 9.77 acres located in Greenwood Village north of East Orchard Avenue , south of Belleview and west of Colo rado Boulevard (3440 East Garden Lane), is hereby accepted and approved by the Englewood City Council. A copy of said Agreement is attached hereto as "Exlubit l " a nd incorporated herein by reference . Sectjon 2. The Mayor and City Clerk are hereby authorized to s ign and attest, respectively, the said Agreement for and on behalf of the City Co uncil and the City of Englewood , Colorado. Introduced, read in full, and passed on fir st reading on the 1st day of November, 1999. -1- A 10 b V I • - • • --• .. .. .. • -.. Published as a Bill for an Ordinance on the 5th day of November, 1999. Read by title and passed on final reading on the 15th day of November, 1999 . Published by title as Ordinance No .~ Series of 1999, on the 19th day of November, 1999. . 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 1999 . Loucrishia A . Ellis -2- ' . ' ) I • 0 - • -------------------:-------~--~~---1 • .. • •• .. ' SUPPLEMENT NO . I u &: TO CONNECTOR'S AGREEMENT THIS AGREEMENT, made and entered into by and between th e CITY OF ENGLEWOOD, acbng by and thrcUt;h its du ly authorizeo Mayor and City Clerk , hereinafter ca lled tr.e "C ity," and SOUT'riGATE SANITATION DISTRICT, Ara,::ahoe and Doug las Counties , Co lorado. hereinafter ca ll ed th e "District," WITNESSETH : WHEREAS , on the 20t h day of June , 196 1, th e City and the Distric! entered into an Agreement in wh ich the City agreed to treat sewage orig in at ing from the District's san itary sewer system with in th e area served by th e Distnc:, wh ic:, Agreement was most recently renewed by Connec:or's Agreement dated November 16 . 1988 ; and WHEREAS, sa id Connec:or's Agreement prov ides th at '.h e district may not enlarge its serv ice area without the written conser.t of th e City; NOW, THERE?=ORE , in cons id era tion of th e mutua l c ovenants anc under.a kings herein set for.h, the ,::ar.1es agree ia!S 'ollcws. 1 . The City herecy :cnse n s to :he ;nc! s1on of cer.a,n adcmcna l area loca ted in Aracahoe Cou nry , Co ,c rac o. ownec !ly Mary F. Elli man and rcore fully descri bed on Exn,t:,t A at'.ac~ed hereto ar.c: ,nc ~~or ated herein by rei erence. into South;ate Sanita tion 01s~c: .. Tii e c ;ry =G rees :h a: sa 1d acc mon al area may be serveo wit' the sewer facil iti es of th e C,s :rc:, ard ttcat th e C,ry wul treat :he sewage disc hargeo ,mo the C:ty 's m.nk line ircm sa,d aoc mc nal area . all ,n ac:crcance w,th '.h e Conn ec tor's Agree,ne nr da ted No vemoer 16 , 1ses . .A c:crdin ;Jy, Exn1 b1t A refe rr ~d iO ,n Paragrapn ~ of me Connec:or's Agreement da:ec Ncverrber 16 , 1968 ,s hereb y amenc!ec: to incluce Sl.c:i acditi c na l area . 2. Ea ch ano ever/ c trer provis;cn of :h e sa id Connec:or's Agreemer:t dated No vember 16 , 1968, shall remain un cha n(;ed . IN WITNESS WHEREOF , th e part ies have set th eir har.d s and sea ls :his __ dayof ___ , 19_ AITEST. CITY CLERK (SEAL) CITY OF ENGLEWOOD By: _M_A_Y-::-0-::-R------- SOUTHGATE SANITATION DISTRICT, ARAPAHOE ANO DOUGLAS COUNTIES , COLORADO {]1 ~'\ /I By:7/J..JJJ, G'0a,L,-J(.- PRES10ENT ' 0 X H I B I T 1 ) ,. .,; ' .. ' ., ' ~ • I • 32X - • --• .. • .. 0 • CC-i!E!:' A.• AL:. 0: ':'P.ACT 27i r.:::Nc SC!JTE ..u.:, •iC:S. O? T;:E: lUGn"T OF ',i;._y O, :":-!Z P.!Gc r.=~;~ c.u~. Ar.L CI TKZ sctr::-: 215.l ~-r 0~ T:'1\C":' ;i5 LY:!JC SOcr:rH A!?u w-~-=-CF ~':" a:::;:-!T OF 'tiA'! OF nz.::: 1!!::ili C.!!7E c.1.w..r.., .um !'HZ ::::.S':' l:: n:.E:':' Of r.~ SCU-::-: 2 :: . : FE:':a':" OF ~C':' :Z7:, SOL"':'S DE!N:::. G.\P.D~lS. c=L~./7"! OF AP-l\P.'U;Cl::, STA~Z OF CO~P-0.CO. PA'c'i.C::::. 3: AL:. OF T:!Z ~S":" 20: ~:" O:' r.;:z SC-0-::-! 2:.:. l :::::: c: T?_!.C: :17~, i\!m ~ 0~ ':~~ set.-:-:-! :oo .-....... -:: CF TllAC~ 274. SCU":':-! D:E:f'J:E:?.. c:;.iu,~1.S, c::lJ?r..! OF AP..\P .AF.OE, S-::.~':'::: OF COLORAC:.O. 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A..'m TH£ ~':' 129 i'~-:' OF n!E: sot:'!';; :z::. 1 n:::-:-OF '!?.AC= 27 5, SCt.i'::-! ~r,~~ G:.RI:E::'l'S, ,\tm ~t=zr. AL:. o;; T~ W.c:..:. ... 20: f,:.,.:. ... OF T:-!! SC1."!'R 2lS. l. .::... ... O? '!R.\c::' 275. A:."D ;u.:. CF THE set.":':-! 20 0 l:E ... : .... CF r.'-\C':' 274. SCtJ-ni cs::.-.~ G:.? .. m:::;s, A!lD =-t-Z:.S ... AL:. OF 'n.z OORT:-< 415 .<.c..:. ... Ot' ~c-:-::Z76 t..'/!!JG ~~ OF ~== :l.:!Ch":' OT ',l;,.:,! 0~ ~ H!G"r.!.nl'E ~1.U.. .um T:~ E:.S":" 76. s rrz= OF -r:";;: NC:=::?. 415 .~-: OF T?.;.c:-275. set.~ o:::;v~:o. c;._°":E:~. 1'.l,.,: ~~CZ?: ,w..;.-:9 ~;._=.-= 0~ ~C-::3 li~ Attn: J7:. Se"'~~ C~l\n:::t ~==-.s. MC?~ ?A.~':':c::'t.\r.L9! c~c~::;,~ AS Pc:.:.::-..:: nt::'!CZ SCu'"::l 5 !? czc::,,,...,.-: 1.:l 270. 0 !..:...:. ... : --· . ,.,, rn;:;;:.:cz scu-::-. oo oir~s l~ ~-=-.a.s JO ·sz::=rn::s WE.,-:" :::A..~..;u.::..:::. ~ -:;;;:: £.'\S":' L::rc: OF SA!~ ':?.AC= 274, 110.84 FE::":"; 're!::-1C::: SCU'!':i 74 DECR.S:Z; 25 }a."'nl'n"' JO s.:ccm:s DST A o:STA."iCZ CF &. • l: ~Z':'; ~::; SCIJ':H J :Z DE:CaE::S 07 >!!!rtnzs :.:::lS'l', U2. 3 7 £ !.:.-: T"~?C~ SCU-:-:~ l::? O"'~ Ol !On,-:ZS WE...."T A DIS-~C::Z CF 4S FE:::': ~1c:.: set..~ &o oeaa~ oc Mn:"' .. -::::S W""-ST, S7.JC i..:...:. ... ; r.!~lCZ set..-=:-, 00 Det:~ZS H ~~zr.,-rz jO SZ·::=m:s WES':', 1:.:.. 7 4 FZ~; T!:~?C~ !1CF.~ S5 DE~n 1:: Mr.-.-\w-=-~ -r'.a:S: ;:~·~T'~. TO ~E NC~'::~ L::-lE o: srt:j T?.AC':' 2i~. 312 .0 E..:...:. ... ' ~CR!: CP. U:SS ~ ':'!!! ~ t.:!IE: ~ s~::> ,::,:.;.c'= :"!.;; 'niE:TCZ !-le~"::! 00 ~EG~:...S'. 34 !!1~C ... ~ JO szc=.~!: e.,s-: .~::c T:{!: W"Z~~ t::r. ;...~ s.;::, ;..~-:' !.ZS:; :::<T.::·:=!::= 4:! 0. 0 :::...,-:' T:: T:~ ?C::.~ CF ~:r:,rn r ~. c:~r:-! OF 4\P.,.'\PAHCE, S~~~ 0 : CCLOR...~CO . • ..: .. ... , • I I • 0 .. ,,.-. • .. .. • ', - ... • • I· 0 -. • - • • .. " --• .. ,( • •• JI iii.iiil 5 SJRVE:YING, INC. C!VIL AND t.AND OEVELCF'AES. :NG;NE:FilNG LAND SURVEYI NC , . .. .. 7550 EAS7 FFiENTIC: AVE .. sum;: 10."l 770 -.:0 1! 770-1 272 (FAX) ENGL:WCCD. COLOF.ACO 60 111 August 6, I 999 Southgate Sanitation Distric: 3722 East Orchard Road Littleton, CO 80121 Ref: Inclusion to District To whom it may concern, For and on behalf of Mary E ili man. M iil e:-E:ig in ee:-ing & Sur,eyi ng , Inc . is su bmitting the enc !osed package for the inc!usion imo the Disrr:c: four parcels as a 9. 77-ac:e parce l of land loc:ned in the city of Gree:iwood Village . (See e:,closed vicinit:1 map .) The four parcels of land will be resubdivided imo three (3 ) lots . The lots now have a city zoning of R-:.5 (residential) and will remain so . The lots will have 9,0 00 -11,000::: sq . ft . single family homes built on them. Lots 2 and 3 will be sold and Lot I will be retained by the owner for their residence. The development schedule should begin with construc:ion starting at or ne:ir Januarf 1. 2000 and continue into summer of 2000 . Service requirements should be typical for this size of reside:1tial home. Should you have any questions please fee! free to c.111. Faithfully submitted, MILLER ENGINEERING & SURVEYING, INC. Ll~~·,, _(<U!--~ 1<1oward J. "Budcw" Hines, P:01·ec: Mana1Le, ,.. v· - • • .. ', • . ( ) I • 0 . ]- • • .. • .. • • .. BY AUTHORITY ORDINANCE NO._, SERIES OF 1999 COUNCIL BILL NO. 66 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE APPROVING A ··SUPPLEMENT TO THE AGREEMENT TO PROVIDE A PORTION OF CHERRY HILLS VILLAGE WITH WATER SERVICE" FOR THE PURPOSE OF INCLUDING THE "VIKING DRIVE WATER LINE" WITHIN THE CHERRY HILLS VILLAGE WATER SERVICE BOUNDARIES . WHEREAS, Cherry Hills Village requests the inclusion of the "'Viking Drive Water Line" into the prior agreement concerning Cherry Hills Village Water System: and WHEREAS, said water lme is in Cherry Hills Village ; and WHEREAS , the zoning ofthis property in Cherry Hills Village is Residential : and WHEREAS , the Englewood Water and Sewer Board recommended approval of this Supplement to the Cherry Hills Village Water Serv1ce at their Augu s t 17, 1999, meetmg; NOW , THEREFORE , 9E IT ORDAINED BY THE CITY CO UNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sect.ion l . The Agreement between the City of Englewood and Cherry Hills Village entitled "Supplement To The Agreement To Provide A Portion Of Cherry Hills Village With Water Service" for the purpose of including the ''Viking Drive Water Line" for the purpose of including the ''Viking Drive Water Line" within the Cherry Hills Village Water Service boundaries. is hereby accepted and approved by the City of Englewood City Council. A copy of said Supplement Agreement is attached hereto as ""Attachment l " and incorporated herein by reference . $ectjon 2. The Mayor and the City Clerk are hereby authorized to s ign and attest , respectively, the said Supplement Agreement for and on behalf of the City Council and the City of Englewood , Colorado Introduced, read in full , and passed on first reading on the 1st day of November, 1999 . Published as a Bill for an Ordinance on the 5th day of November , 1999 . Read by title and passed on final reading on the 15th day of November, 1999 . -1- .. ... '._ 10 b vi ) I • 0 ·.]- • • • .. ,. -• .. i:. ·~ • • ' ,, Published by title as Ordinance No. ~ Series of 1999, on the 19th day of November, 1999. .. ... . Mayor ATTEST: Loucrisbia A . Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood . Colorado, hereby certify that the above and foregoing is a true cop y of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 1999. Loucrishia A. Ellis -2- '• ' . ) I • 0 32X - • .. ,, --• . ,~.~;/ .. .. .. . . . .,. • -. .. ... A'ITACHMENT 1 SUPPLEMENT TO THE AGREEMENT TO PROVIDE A PORTION OF CHERRY HILLS VILLAGE WITH WATER SERVICE THIS Sl.."PPLEMENT TO THE . .\GREE.\'1E~ is entered this _ day of -------~ 1999 by and between the CITY OF ENGLEWOOD ("'Englewood") and the CITY OF CHERRY HILLS v1LL.\GE C'Cherry Hills"). WHERE..\S . an acreement was entered into on September 30 , 1993. ·'Agreement To Provide A Portion Of Cherry Hills Village With Water Service", by and between the CITY OF ENGLEWOOD ( Englewood) and the CITY OF CHERRY HILLS v1LL.\GE (Cherry Hills) for the purpose of pro";ding for a satisfactory and dependable water supply and sen·ice within a designated area of the City of Cherry Hills Village: and [See Exhibit A] WHERE..\S . the City of Cherry Hills Village desires to add the ·'\'ikmg Drive Water Line"' to its water system; and WHEREAS , the cities of Englewood and Cherry Hills \"illage agree to add a supplement to the AGREE'.'vIE:-.."T TO PR0\1DE A PORTIO~ OF CHERRY HILLS v1LU.GE \\lTH WATER SERv1CE which would include the ·'Viking Drive Water Line··, as described m Exhibit B, to the current Cherry Hills Sen-;ce ; and \VHEREAS . this additional water line will be subJect to all the mutual agreements and covenants contained that September 30 , 1993. AGREE'.'vIE:-.."'I' TO PR0\1DE . .\ PORTIO:-: OF CHERRY HILLS VILLAGE \\-1TH WATER SER\1CE : NO\'\i, THEREFORE . m considention of the mutual covenants and undertakings herein set forth . the parties agree as follows: Section 1. The City of Englewood hereby consents to the inclusion of the Vi..k.ing Dnve Water Line more fully described in "Exh1b1t B.'' mto the water sernce area . The Water Se!"Vlce Agreement dated September 30 . 1993 . is hereby amended to include such ad ditional area . Sectjon 2. Each and e,·ery other provision of the said Agreement dated Septem ber 30. 1993, shall remain unchanged . ' . ., .. ... .. I ' . ) I • C, .. ~ ,,--·,.. • . ' -t "" /> , .. 11.· "' • • . . ' . ' . -.. ... ~ ... IN WITNESS WHEREOF, the parties have set their hands and seals this_ day of __ __________ _, 1999. CITY OF ENGLEWOOD, COLORADO ATTEST: Loucrishia A. Ellis, City Clerk , '.\llayor CITY OF CHERRY HILLS vlLU.GE ATTEST: . Mayor • I· 0 32X • .. ,,. .. • • • ~· ~ ........ _ ... . :;::::= ::=..:.~ l_~j ~;;:3 AGRE:E:}I:E:::'<"7 TO ?EOV!DE A POR':'!0:-;" OF CEE:?..~: F.:!..I.S v1!.L-\GE w:Tn W.:..1':E:R SERVI CE . ~o~r.7297 .,~c, 310 T ,:."T~ •c~c-':",,,':",;r 's e"·n•" •'-1·s :2-d.. a·av ··1· /' '-'~1a9:1 .. ana· ..... . ·...!--~ ··--·"'-·" · · ... ii; ... _ ... ~ .. ';.i ;;),o,,1/}&.,,,,.,. -• .. ?f ... e .... ee:i the CIT': OF E:-:G~-WOCD ("!::5lewccd", a=d :.':.e c:'IT OF C~P-~Y filll.5 V'IU--\GE c-<:ber.-1 F.:iis'). V.::='.:.:E:.-\S, Cb.e:-:-1 F.:il s ciesi:-!s :.-: ;ir:vide :or a sa::sfac:.-::-:, and de;:,endai::ie water supply a.'ld se!"."iC! :or wse w::::in :.':.ie des:g:-:ated a:ea of ~e C:cy of Che~, E.i ils V:ilag!, and .. W.~~.;.5 . :he. a:'!:! :s =-~~!:::::.-s~;:;ile C ·.-,·:l:i:-::: C.:i::=:ic:-: :=y E::iiewcoC: :!'::--;::.g!': ~e C:ier-::: E:.~! R.?:-:e!'l o Sys:e=, ar.~ \\::~~E:.!_5 , ~::g!ew::cC ::~s :::e :?r i:!::: .a..-:C 3:;.:;":;:-:"":::: :: ".!:::e; :..-::.: ::::::-:?c:E ~::-:.1e 3a le of wa:e!" a::C ·4,·3.:::"" se~:':c!S J:.::.=i=~ :::e C~::: :i :=::.: J:· ~::g::wc-:C. -~~:::; =~~::er. ~ ... , .l..-...::~e :C!! c:·:.~! ~::g ::·.\·.:oC: c:::: c:-:~:-:a:-, '."'C \\'" -·-"'':"'='':"~CR ':". ir ~ ... -:::.:..:.:1 .. .,.;,.._ a.:·~~-..... .,· ~:.-:-o ~-~-·: ,-..: ... ~··o -.,-·s: he!"e :::a=:e:-:::-:.:.'l:::e:i. :..~e ;:a:-..:es ~e:-~:; ~~~ 2.: :·~::o ·;r,,i~ l. E:::1e wc cC are~s :.: :::.:.:-:::s:: ~-~:er ·.1.-::::::: :.~e C.::::71c: S e:-."::! .. l..-!:1 :Hs~:-.-::e A:!2··;. iCe!':::5eC ::: .~.::.1c!':~e::: .~ 3.::C =aCe 1 ;a.-: Jf ;.._.is A,r:-e~:::er:: :le:-e:.=, for 3.11 \!!es a."lc: ;l:!!?CSes :o~ w::::::. !:ig:ew:oc: :i.u a;:;:~:;::-:.1::..-e :-:g:::s . E::g:e w:cd re;::-e!c:-::s :.~~t :: h.1s .1 st=...7.C":e:,: a:::ct.:.::: :f;ou=ie ·.va:a:-:o se:-:e :..~e se:-ri::e rea.. St.:.::': ,~ra:e:-s::Oal! ~e a 1u.:i !.:::; a::d :.n c;~-:::=es as :.o ;::-~·."':Ce wa:e:-se:-.;c!S si::i!a: to :..~:sc ~:-:::s ::e~ :.: w~:e:-cse:-s :r:s:=e E~g:ewooC . "-::..~.ct.:.: a.~;: dise:"":::-::~a::c:i ag:l ;:-:~: :.~e :!se:-; :r. :~: 5t:-.-'ic:e A.:e.1 , e:t:e;:: as ;;e:::::.:1:::,.-;,:-:,..-:Cc~ ~y :.t::s .J.-s~e e::-:e::: a::C ::--:):=:::.1:~ces of :..~.c Ci::: Jf :::::g'.e ,"•~c C ::t:s:i::g as ::9 :.~e d~:e of :..l.:!s .~5'!!:":":t?:::. 2 . .·\] of :.ie ;:iye!, vai·:es, a::C ot=:e=-a;,;:c.::a!':ar::!s . !:::~:iC..:..,g :'::e :l:-·C:-1.,:.s, t!Se~ :.n the cis=::l.:.:i~n of wa:e~ ~ ;.;e !.lSe:-s i:1 :..,e Se:-:~::! .!..:e.1 sha:1 :le=-ei.-:3.r'..c?!" :)e :efe:-:-!C :.o as '"wa;e~ se:·v:ce fac ::i:ies or "fac:i:::es." 3 . "· C:ie~, :::!I s :,y c:::s Ar,ee::ie:i: ran:.. :i::c :or.,·eys :o ~::glew ooc: a !i ce::se, bi;: not owners~i;:, ove:-a ll :he w:i:er se:-.. -ic:e :'ac:!i ::es ;..~ :he Se~.-i c! .~!3. :0 w!-:ic~ Che~ r:::.s ha! a:~,.,;i :-e~ O\\'Tle~s::i;,. Che~, ;':i . s .1g-:-e~s :.1-:.a: it wi ll not e:te!":':se any cic::-:::-:i on w::atsoever over any of wa;e~ se:-."::e :ac::i::es in :.'1.e Se!"lice A:ea which a:-e incor:siste:i:: w::.':. :he pe:-:or.::ar.ce :,y E::giewocd of its :-:g:::s a.."lc: ob li gat::o:is he:-el!..,de!'. It is ar,eed that "license," as \!Sec: ir. :.":.:s .-\r.eer::ent, shall :nea= ~e r:pt :o ~e. c:::nnec:, disconnee:, modi:;·, re::ai:i!i ::i:e, e.x:end. enlarge , re;,Llce, c:nvey, abandon or ot.1lel"Wi.1e dispose o: a::y a."lci a ll of :.':.ie wa:e:-se=-vice :a~.llces. Cbe:-:-y Hiils ar,ees :ha: it vr.11 ass=e owne:-shlp c: a::y u:s::..,g wa:e:-... 3;.,s and rac::iities in t."i.e Se:-,;ced • .\rea. Ar.y acd:cor:a! se:-,-ice :adi::es needed :o serve the Ser-..ic:e :\:es by reason or new =ns:.-.ic::on or ex;,ansion of :he Se:-rice Area, shall be c:::ns::iic:ed to then c-.ir.-ent Cicy or E."lJlewcoc sta..-:6.:--:..s by Che:":')· Hiils, and Cher:-y Hills ar,ees to assi:me owne:-shii: or saic: fae:ii::es upo:-: duding tc Cber.y F.ills by • • > ~ I E { ) • I • 0 • • • .. • A, • - ... the pr:iper.; owne:-s. Ownership shall be ac~uired :,y wri::en conveyance and each such conveya::ce :n~t !:>e approved by the City of Englewood in writing. 5 . Che:-:-; Hiils agrees to acquire :-ig:its-of-ways or easements required by cons~on oi adcil::ional :acili::es, where t.i.e fac:iities are sit :iated on private proper::,· or t.'le easement is :iot of su."ncient si.:e to allow proper operation , maintenance, and repair of :.ie :adities. Cher.-; Eiils ag:-ees that !:igl ewood :s :ict obiigated :o !nl~e any exis:::ig fac:!i:ies. 6. En 5l ewood ag:-ees to oper3te, mai:::ain, repair and replace all :aciiities ·Nhich :or.ie under its domir.io:: in :..i.e Serr.ce Area :o t.'le e.:ctent :..i.at such :naintena."lce is necessary :o :..i.e f'.!.'T.isbr.g oi potable water service provided :er in this Agree::ient and :o oper3te. mai."l:ain, and keep a complete inve!ltor;: of such physic:i iacilic::es as a:-e necessary or desirabie :o ac:ompl:sh :..'.e obii g:!.t :ons i: has ~"lde:-...1ken for Cherry E :l s as set :o:-_'. herein. !\ ot.i.ing :n :his Ag:-ee:ne!l: shall req::.ire Englewood :o u;r.3f:e or e::iarg! a.:-:y eX:sC.--:g :"ac:ii:ies or :.o ac:e;: a .ice!'l se or :-e;ai:-a.-iC oai:::ai:: :ir:y faci~i:ies of ·,;!:ic:: C:le~: Ei!!s :":as :10: ac:e;::cC 0\1-r:-ie:-s:"::; ·.vi :!l E::61= wooci'; ·,11~::e:: a;:;:r:i ·:a:. E::5 :e·.vooC ::-:.2:: ,:::.i=Es:l. ::-::;c se .a::C ::1:ec: :·2-!s :'::-:=:e ·,va:~; sc:-."":ce :: ;:-o\;C;s 1..:.se:-: :r. :..~e !e:-:::e . .1.:-!a ·.a.·:':::!': .>:':a[ =:e :-cic ·.i.-:: 2s .. ·.a.·a::::-je;.":ce ::!':z:g~s ." I:i a CC.::::n. E~g '.ew cc C 77':a y a: 2.::y t::':le i:-::~os-e ot:le:-3i;.::: :-::?:~s . :o :ls, c:::?:-g~s or c:i::~i::3::cr.s :.~e:-e~:". fo:-r.1::::::5 a :;se: ::le ~g:':: ::, :.a~e ·4·:?.:a:-::'::-oi.;g:': :::e 5e:-.;ce faci li ::es. Tr:cse :!':1:-g!s s:":.2: ~e k::o·.vr: as "wat?:" :or.::ec::o r: c!':.2 :-~!s " w!'l ic:l !s a c!:a:a-! se;:a:-a:e ::":::: :he wa :e:-se:-::ce :!'la:-g~. a.,C cne ices ;10: :nc:uCe ::le ot:le:-or a:i y pa:-: t.i.e:!of. 8 . :\!e::iods oi ::::i ll e~::on a:ic sc:ie::u!es of fees for w:ite: se:-.-:c e a:ic cor:r:e~:icn charges Eniiewooc s::ai. a;:;:ly :o ali users in t.,e Sernce A.-ea and sha!l :ie s::ni:a: to t.":ose i:::;:ose:: :,y .E:igiewocc to ot.,e: outside City .l.:eas. 9 . I: :s :=:i.::~:1;,· :1r.~~c :..~a: .ove~ :.;e d::.:at!~n o!·:..li.~ . .1-s~!e::1e?1t_c:::?.::g,: ·4-::: be .. ~ . re~i.:.::-ec. :n :..,e •.w.·2.:;:-ser:1:::e :::arges :o:-:."'le ~e!"'9.~::e A::!a. I: :s :..11e:-er:i:-! a5-eec ::i.at E:1gl:\vooC =:a; ::i:c.ify :..~e C::a!"g~s for wata:-se:-,~c e ;>7 0\;deC !'le:ei:i, ir: it.s C:3c:-e::c::, ;,:-:i·::Cei : A . Englew ood s::a:i g:ve pd::lic !lotice as r equirec: :iy the Cit;: oi E:iglewoo c Ordin:1.<1ce tc :Il:ike any ch.anges to t.i.e water se:-,.;ce or wate~ conne c::on c!'larg!s . B . E::gle wood s:::i.! have :e:iscr:ai::le discret:on to es:a:,iish and a;:p iy c:-::eria for dete:-::i i.n i:ig, fa~ bot.i. t.i.e systems inside ar:d ou:side Engiewood, t.i.e rate s:~c::;:e, t.ie ne:ess;i::: pla."lt, t.i.e ;iiant value, a.":d the ope~3t:cr:, maintenance ar.c ceprec:a::on cos:s. 10 . .~! t.'.e 5eneral r.l.es &."'IC reg,.!lations anc a:::end::ien:s thereto ;,l ace:: ir: force by Eng!ewood conce:-::ing the operatiar:, concii:::ons of se:-nce , a.<1c procec::;:es relating to :he installa:ion of :'lew main lines anc :a;:s of :he Englewood )kr.ic:;:al Water Syste:n, shall be as !'ully er.f'orceabie in the Sel"Vice Area as inside Englewood. Cher:-, Hills reuir.s the fall right to :r.ake and enfor.e rules not incor:sis:ent with Engle~ooc's ruies :o rovern uses of water in the Se?"Vice A.·ea. Cher:; Hiils a,rees by t.i.e exer.:se its au:.i.o:-:ty to assist Enilewood in enfor.:ng its ordinances and r.lles applic:ib le to :.i.e provision of water sernce _including :hose mace :o protec: the pt.::ir-; and safety of :.'.e water su;,ply, to prevent waste of water in t.i.e Service Area. to • 2 • • ·• I • 0 • • • .. ..-. • • - " ;,j. ~ 7297 ?~Ct 312 assu:re t.ia: tile ins;;illat:on Jf ·.vate:-supp ly fac:li::es a.re :o :he ;:.:inda:r::s of Englewood, and to assi;:-e colle::ion of de!inq;,:ent ac:oums. 11. Deter.nir:atior: of :he neecs and rec;u::-ements of Englewood and its :nhabitants wi:h :respec: to its water sys:em is a :ac: :o be dete:-:cir:ed by :he Englewood C:ty Counc:: 1t its disc:-etion, to be exer::sed from time ~o time as oc::ision may rec;ui:-e. Englewood intends :o maint:lin a water s;,:pp ly ac:ec;i;ate :o meet :.ie needs Jf :ts inhabitants and app:roved areas dependen: on Englewood for s;.:.:::: ~upp ly, and :i~ees :o use all :reasonable means to :naint.:l:ll a s;,:r,,ks of water from wi-.i:.:i :o :"-::::sh Cle:r:-y F.iils and other :ont:-:ic::-..:al :isers wit.Ii potable water :or nor::ia l '-!Se . H ow e v er, there are circumstances wh i ch :nake it uncer..ain wnet.ier th e su;:p ly .::an always be adec.u:i:e. In times of sher.age of availab le water for any reason , se!":ice :o use:-s ou:side Englewood :n~t be ::!:-".ai led ar:d, in the happe::ing of suc:i event, si:ail be c-~..ai i ed on :.ie :ollowing basis. t.ie 5:-s: lis:ed :-.:r...1:l men: :::eir.g ad:pted :o :r.ee: :.',e least ser:ous sit:.:.atior: a."lC :..1-ie su::2ed.i:ig c~1i1n:e~:s Jei..-:g aCo;:t:C :n .2C ci:ion as :.~e sit-.iation becomes :::ore se:-:ous . ar.c :he !as: su.:::i :u:-:.1.:l menc :o be ir:·,oked on ly :.:i meet d:e r-3ve.:st ;,oss ibie sit::.3.=:on ar.C :r.e wr.:c:1 ~vi?::.-:-e2.:cr:.?=:e :,:~-::i:.::ion ....;}i :Je taken to avo i d : E. ~oh ib!:.ion of a l! '.lses :,1.::s iC:e E::1g:e-.v ooC . I : :s ~~ie~:~oC :::a: :::.::.ai !=ients A.3 ,C above shall oe a;:p i:ed :o :-.:s:=me:s :ns1ce ::.e ::::: ;j:;i:;;.; be:ore :.ie Cit;: si:ail :r::;:ose c-.::--.... ::me:::s D a.--:.d E. E ::g:ewood wi ::c: :r::p l e:-::.e::t Subpa~3.g':"'3;h E !'Je :-2 of 1"":!es3 1::C :.:.::::: :: :1as :::i;,ie~e!"::cC 5 1.:.=pa:-3.~a;,h Das :.o a l1 se:-.. 9ice are:?: w::.:-.i :: a:1C ·4'°:::':ci;: E::g:i:1,1,,·coC a::d. ::::i: ~:ig'.:wo oC •Ni ll ::-e:it Che ~: Ei:ls a~ :"2.vo :=i:iy as :: :::-ez :3 a:::: o::'.e:-se~r.:e l:-e.a :11.;:~iC:: of Eng!e wood . 12. Not withs:.ar,d:ng ar:y o:::.er :ec.:i or ;:::i vis ic :: ir: :.'-.:s .~eer::en:, it is s;:ecific:illy unders:Jod and ag!eed t.liat E::ig!ewooci :nay suspenc t.lie :nak:::g of any new main extensions and taps :n t.iie Service .~ea, proviced however , :.,a: E::ig lewood shall be obligated to exer::se :.,i s right of suspensior: u..--:.iicr:T:ly a:non g a ll areas outside Enilewood whi ch a:re si::uiarly si:uated. Engl ewood a~ees :o ;,reside writ:en notice to Cher.:, Hills in :.\is ma::er as :ar in adva:i.::e as prac:::c:tl:ie . 13. All water furnished by Er:gl ewocd under this Ag!ee:nent is on a leaseholc:! basis fer the use of the water users in the Serr.ce • .\.-ea. Such lease hole is for all t.'le va.,;ous uses for which Enrlewood has been decreed :.tie right to appro;:::-:ate water. Such right does not include any :-irht to make a s;.:::ession oi uses oi s:;::i wa:e: a."ld upon completion of the pr.mary u.se or t.J.i~ water, a ll dom ini or. over :.'le wate:-so leased rever.s completely back to Englewood. Exce;:t as herein ar:d spec:::c:illy ot.ierwise provided. all prope:-:y rifhts to the water to be furn ish ed by Engiewood are reserved by Enaiewood. However, not.iini herein shall be deemed o:r ;:ms::-ued creating an obliption on Enrlewood to separate said water form any mate:-:al added :o it in use or as c:reatin( any obiiration on Enilewood regarding pur.fica:::or: of :he total mass &fur use. Nothini contained herein shall be deemed to impose on :.'le water users any obliration, if it exists, shall not arise out of anyt.'ling contained in this Agreement. It -3 - • .. ... I • 0 • • • .. ,,-. • . -... ... • •• ... is mut-..ally ag-:-eec that :here :s ::o ociip::on :in C:ie:-:-1 Eiils or on :.,e water users with :espec: to ::ea:"--ig any ;ia:::c:tlar voi:.:.::ie oi ret~:-:i iiow frcm water delivered hereunder. 14. All se!""tice :adi:ies ins:alled or replaced in :.,e Se!"",;ce Area, shall ::,e installed pW'Suan: :ii :.,e r-.tles , reg,.ila:icns and s.and:m:s oi E:igiewood and shall be subject to all rules, regulat:ons aI1d ;iolic:es 6ove:-:::::g :.'1.eir us e. 15. No enlargement oi the Se!""tice A:ea or any ot.':er ar:iendr:ient of this .~eement shall be made W1less it is made by mu::.ial ag:-eement. Such ar:iendment may not be unreasonabiy wit.'1.held by eit.'1.er pa.-::r . 16. C:i.er.J Eiils as-ees that it wil neit.'ier ci:rec:!y or int:i:ec::y fu:-::ish , nor au::i.or.:e the fu.--:iishing, of ar.:: water Se!""::ce wit.':i-i :he Ser-.;ce .\:ea or :.'ir:ii.;gh •.;se oi any of its :acilities e:cce;,t as he:ei.-i pr:,vided. Th is !imi :.J.::cn ::oes :iot :nc :i.;de a;:pliC.J.t::ons for use o: r.oi.;::d.wa:er weils ..,; :.':.::: :.,e Se!"":::e .-1.:-e:i.. li. I: is ar.e:C ±~: :"-0r :'"a i1 ~:-e of C::e:-:-:: ;:....::!s :o ;,e~'"~:-77: ::-.:s .~e~:7ie::: :r: 3.i' ::3 essc::::2 1 ;:a:-:..:. E::g !ewcaC :::.:iy ~e :.:?:.:.sr:': :: :e:-::::::3.:: · .. , .. ~::::-3e:-:-:::e :r: ~2:-: ::-::: "'':lole :o :!1e .Se:-·."'lce .~ea. P~o;-t.:i 3~:~ :e~:::~::or .. :::::g:ew cc C =::.1:: ;,~~\-:Ce W"::t:cr: ::o:::ce :J Che~: ::i:.s of :;":e :e::::e~::as 3.::C ;;r :t..·:Ce aCe ~:.::1:: :::::e ::, :::-:-ec: :;lese dei:c:e:1c::s. 18 . :\] aJne::C::-1e:1:s :o :.~is A~!e:::er:: ::::.:.s: :)e ::: ~:::1g s:g:-:eC :Jy :::e g:ve~:...-:g bodies of ~or..i enti:ies , !'le ag!::: or e:::;i:::ee =:.:iy ~oc:::.-::':e -~-s~ee::-:en: ~=-:i::C: :.~e respec::ive ;)a:-:ies. 19. The par.ies s::a i1 no: :>e dee:neC :o :lave a;.eei :!1a: ::le ber:ef:t.S and oC"igz::o::s c:-eataC by t.1-iis .A.g:-ee!:'l.e::: have bee:-: :ncC:~eC by a::;: ar.:er:C:nent he~es::ar :':'lade :.o t.'ie cor.s:::t;;::cr. or la·Ns of :.i.e Su:e Ji CJ icraco or :::.e C!:a:-::e:-oi :.i.e C::;: :i f ::::::g iewood uniess st:.::!'l mcC::ii::1::or:s have :lee!"'. ag:-eeC ::, ::y :o::: ~.;.:-::as. 20 . I: is :.:.::Ce:--s:::,oC :L"'lC ag:-eeC ~ ~.Y E.~g:e •.a.·ooC 3..-:C: CZ'le~: E Jl s :l-.at E::g!c,.1i.·coC :~es not hoid :tse!: :c be a ::ubi.ic i:::i.i c-: or su:ie:: :o :.,e :o::::ol or :.'le P:i.bi i c l."d.i :::es CJm:n:ssio:i oi :he St.ate oi Coio;ado :or 0 ar.;: pi.;:-;iose wha:soever. T:iis .~ee:::en: a.rid a!! ;,a:-::s :.'1.e:-eo: are subje:: :o appiic:i.cle dec:sions of :he Supre::1e Cour: oi :he Sute oi Colorado reg::miing lack oi j t:."":sdic::cn oi :he P:ic iic C:iE::i es Com::1ission over mu:1ici;,al water sys::e:ns and :.,e si:pp iy oi w:i.:e, :.'le:ef:or:i to users oi.;:side Cit"J limi:s . 21. Che~.-E iil s as-ees :..'ia: :he:-e is :iot any an:::c:pated moc:f:c:i.tions to the :;;::-:-ent use oi :he !a::d and the prese:1: zoning :es::-:c:::or.s 'Ni:h:n :he Se!"":ice .\:ea du::ng t.'1.e di:ra:ion oi t.'iis Agreement. If ::he :~r:ent land uses or :oning in :he Se!"",ice Area is changed or moc:i5ed, Engiewco c has no obiigation :o pr:i\-ide adcii:ional water service beyond :.,at :eqi:irec at :.'ie time of :.,e sir..::ig oi :!:is Agree mer::. Cherry Hills ar.ees to s..;bmi: in wr.:ing tc Englewood any ;,roposals on :oning or la nd use changes and t.'ie proposed ef.'e::, ii any, on water de:::and prior to approval of any change in !a.'ld use of :oning in t.ie Sertice A.·ea. 2!?. No assipmen: by Che!"!""/ Hills of its rights under this Agreerr.ent shall be binding on En 51ewood unless Englewood si:all have assented :o su::i an assignmen: in w:-it:ng. . 4. • • I 0 I • 0 • • 23 . ?• _ ... 25 . .. -·· • ·~ .. • • ... Each one of the benefits and burdens of this • .\ireement shall inure to and be bindinr upon the respective lepl representatives, suc:essors and assigns of the parties hereto. The term of this • .\r.Hment shall be for ten (10) years, !)er.nninr with said effective ciate of this Arreement. Unless either party not::5es the other ~at it wishes to ter.ninate this Aereement, in writinc, not less ~an one year prior to t.'1e termination ciate of this • .\crffment it will automatically be continued for four (4) additional Ten (10 ) year terms. Cher.y Hills shall have the ability to levy appropriate and lepl c.liarps on the water bills sent to the c:ust.omers within the Service Area. Englewood agrees to bill and collec: such charges and reimbune them to Cherry Hiils. Englewood shall have the abiiity to charge Cherry Hills a water adminisc-ation fee to bill and collect any suc.11 char:es. 26 . This . .\g!'eemerrt speclic:illy supersedes t.lie Dis::-:bu:ors Con:::-lc: :,lo. 7, with Cherry Hiils Rlncho which was signed on June 6, 1966. 27 . The pa:::es agree :..liat all pr.or wate!' se!"".-ice lg:-ee:::e::~ :n c:i.;c:i ::g :.'i e one dateci : J u:1e l , 1989, are hereby revoked and su;iersecec !:>y :..'11 s .i-5-ee!':len:. i r .~ CITY OF EXGLEWOOD , COLOP.WO CHERRY HILLS !L.1..'."CF.O WATER SA.',"ITATION DISTR I CT CITY OF CHEERY HILLS J-,,, a. &.:ctd e , Mayor -5- ) I • 0 • • ---- ;. i I • I 'I .i : :,t I' ' •4 I I ' ' ' I - • • - ... N l ..• 7297 ?~~: 315 3,~,. A77~C:i ME'.'IT "A" N-.,•cr '-:-i{ co ' :vi ',,I,.,'-· .. ~· SE~VIC: ARE . .l. •, ) I • 0 .. ' . • -.. • • 1 • ' ' i, .. :· @-;!-~" ) . -...... ' lAAi<T/11 • .,.; I .. f; I 7, ...... • 11 , ' '61 I • , ' -,!: ~ ... /;_fl ,,, ' -••• I I I"" .. .... ' j~, --· -;, ,, ............. , • ' . ~ ... I . -~ .. ' .. I 0 I J -... . i/ .. , . ... . :: ' ... ... . OX FOR , • r 4 .. I. .,c It ·~ ··-Mt C' .. t~c.rj ® L .... I "' I I . • . I au ..... I • 0 ·1 II " ll! • ; ... .. .. -----® ~I Q ~ I I. • 3 • -...... . , ... •• SE?-2 7-aS MON 10:20 AM CliY OF CHE.~Ylii~!.S VL.:E F& NC. 303 70:9386 CJ 0 Q • ··- • • • .. ... , ... A i, l.lJ 0 .. I! )t .. I l' I E • I .,, I· 0 • • ORDINANCE NO._ SERIES OF 1999 ·,, .. ,. ,,,- • • - BY AUTHORITY .. ' COUNCIL BILL NO. 67 INTRODUCED BY COUNCI L l.'vlEMBER BRADSHAW 10 b vii AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO AUTHORIZING AND APPROVING THE LEASE-PURCHASE OF COMPUTER AIDED DISPATCH AND RECORDS MANAGEMENT SYSTEMS EQ UIPMENT FOR THE CITY . WHEREAS, The City of Englewood, Co lorado (the "City .. ), is a h ome rule municipality of the State of Colorado (the "State .. ) duly organized a nd operatin g under the Home Rule Charter of the City (the ·'C h a r ter .. ) a nd the Co n stitution and laws of the State; and WHEREAS, purs uant to Section 30, of the Englewood Home Rule Charter, the City Council of the City (the "Co uncil.,) has all municipa l legislative powers as co nferre d by general law , except as provided by the Charter; and WHEREAS, on October 20, 1997. the Englewood City Council approved the contract with Logistic Systems, Inc. for computer aided dispatch and records manageme nt system equipment for the City communications center (the system component of s uch contract and the change orders thereto collectively referred to as the "CAD/RMS Equipment'") which system has e nhanced the service provided by the Saftey Services personnel of the City: and WHEREAS . in accordance with Section 113 of the Charter, the competitive bidding procedures were complied with in the acquisition of the CAD/RMS Equipment; and WHEREAS , pursuant to Resolution No. 47, Series of 1998, the Co uncil declared its intent to reimburse itself for funds advanced for the CAD/RMS Equipme nt a nd to participate in a tax-exempt financing of the CAS/RMS Equipment in an a mount not to exceed $851 ,500; and WHEREAS , the CAD/RMS Equipment h as been installed a nd is operation a l : a nd WHEREAS, pursuant to Section 31-15-101 of the Co lorado Re vised Statutes, the City has the power to lease-purchase personal property a nd the Council desires to spread the cost of acquiring the CAD/RMS Equipment over a five-y ear period through the lease-purchase of such equipment; and WHEREAS, the financial advisor to the City, George K. Baum & Company, shall assist the City in receiving bids for execution of a Lease Purchase Agreement (the "Lease Agreement") under which the financial obligation of the City shall constitute currently budgeted expenditures of the City and shall not extend beyond the current fiscal year unless the Lease Agreement is annually renewed by the City; and -I - ' . I • 0 • • -• • .,-. • ... • ... WHEREAS. to effect the lease-purchase of the CA D/RMS Equipment at this time. the City will , upon execution of the Lease Agree me nt. transfer to The Bank of Cherry Creek, N.A., as custodial agent, title to the CAD/RMS Equipment in exchange for reimbursement of the moneys advanced by the City for acquisition of the property a nd , in the event that the City Council later determines not t o appropriate m oneys for payment of the Lease Agreement the le ssor thereunder s hall be entitled to physica l delivery CAD/RMS Equipment as security unde r the Lease Agreement ; and WHEREAS , the Lease Agreement s hall not co n stitute a general obligation or a multiple-fiscal year direct or indirect debt or other financial o bligation whatsoever of the City within the mearung of any constitutional or st atutory limitation or requirement concerning the cr eation of indebtedness ; and WHEREAS , the Cou ncil is desirous of a uthorizing a nd directing the transaction described above ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Section I. Approval of transfer of CAD/RMS Eaujpment to Custodial Trustee . The City Council hereby approves of the conveyance of title to the CAD/RMS Equipment to The Bank of Cherry Creek, N.A., as custodial age nt, for reimbursement to the City in the amount of $851,500. The City Council here by determines and decla res that the fair market value of the CAD/RMS Equipme nt 1s $851.500 and such amount represents fair and adequate co ns ideration to the City for the CAD/RMS Equipme nt. Sec;tjon 2. Aythorjzauon of Lease Agreement · D1recuon to Bid Th e City Manager is hereby directed to cause bid s to be r eceived by the City for the le ase-purchase of the CAD/RMS Equipment, in s ubstantially the form a nd with s ub stantially the co nte nt as approved by the City Attorney . The Lease Agreement, which s hall have a n initial term ending December 3 1, 1999 with five additiona l one -year renewal terms, s h a ll contain a schedule setting forth the principal and interest co mponents of each renta l payment. The Aggregate principal co mp onent of the Lease Agreement s hall not exceed $851 ,500. The Council s hall approve the Lease Agreement by resolution following the receipt of bids and such approval s h a ll co ntain a d ete rmination by the City Co uncil that the rental payments under the Lease Agreement represent the fair value for the use of the CAD/RMS Equipment. Sec;tjon 3. Execytjon and Dehyery of Documents . The Mayor or , in t.h e absence thereof, the Mayor Pro Tem is hereby authorized and directed to execute the Lease Agreement, and the signature of the Mayor or Mayor Pro Tern s hall conclusively determine the valid execution of the Lease Agreement by the City. Additionally, the Mayor, other officials and employees of the City are hereby authorized and directed to execute and deliver for and on behalf of the City any and all additional agreements, certificates, documents and other papers and to perform all other acts that may de e m necessary or appropriate in order to implement and carry out the transaction authorized and contemplated by this Ordinance, including but not limited to an Internal Revenue Service Form 8038-G. -2- • I • 0 • • .. • .. ,. , :.r: • •• ... ... Section 4. Obljgations of the Cjty. No provision of this Ordinance or the Lease Agreement shall be construed as creating or constituting a general obligation or a multiple-fiscal year direct or indirect indebtedness or other financial obligation whatsoever of the City nor a mandatory payment obligation of the City in any ensuing fiscal year beyond any fiscal year during which the Lease greement shall be in effect. Sectjon 5. Ratjficatjon of Prior Actjons. All actions heretofore taken (not inconsistent with the provisions of this Ordinance) by the City Council or by the officers and employees of the City regarding the lease-purchase of the CAD/RMS Equipment or directed toward satisfaction of the City's obligations under the Lease Agreement. when executed, are hereby ratified, approved and confirmed. Sectjon 6. Headjngs . The headings to the various sections and paragraphs to tlus Ordinance have been inserted solely for the convenience of the reader. are not a part of this Ordinance, and shall not be used in any manner to interpret this Ordi nance . Sectjon 7. Seyerabjlity. It is hereby expressly declared that all provisions hereof and their application are intended to be and are severable . In order to implement such intent, if any provision hereof or the application thereof is determined by a court or administrative body to be invalid or unenforceable , in whole or in part, such determination shall not affect, impair or invalidate any other provision hereof or the application of the provision in question to any other situation; and if any provision hereof or the application thereof is determined by a court or administrative body to be valid or enforceable only if its application is limited, its application shall be limited a s required to most fully implement its purpose . Section 8. Bcw:a)er . All ordinances, or parts thereof, inconsistent or in conflict herewith are hereby repealed to the extent only of such inconsistency or conflict. Introduced, read in full . and passed on first reading on the 1st day of November, 1999 . Published as a Bill for an Ordinance on the 5th day of November, 1999. Read by title and passed on final reading on the 15th day of November, 1999. Published by title as Ordinance No ._, Series of 1999, on the 19th day of November, 1999 . , Mayor A'ITEST: Loucrishia A. Ellis, City Clerk -3- • ' ' ... ·t.- I "· • 0 - -. l • .. , . --... * • .. • •• .... I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true cop y of the Ordinance passed on final reading and published by title as Ordinance No .~ Series of 1999. Loucrislua A. Ellis -4- • . ' . I • 0 . ] • • • , .... ORDINANCE NO._ SERIES OF 1999 .. ~ ,,,- • • -' BY AUTHORITY ... COUNCIL BILL NO . 68 INTROD UCED BY COUNCIL MEMBER HABENICHT 10 b viii AN ORDINANCE AUTHORIZING THE "'CONTRACT AMENDMENT#!" TO THE INTERGOVERNMENTAL AGREE~1ENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF TRANSPORTATION (COOT) FOR THE CONSTRliCTION AND FUNDING OF THE PROJECT TO WIDEN Ai\'D CREATE MEDIANS ON BROADWAY BETWEEN U.S . 285 Ar-:D YALE AVENUE IN THE CITY OF ENGLEWOOD . WHEREAS , the City Council of the City of Englewood passed Resolution No. 3 . Series of 1996, which authorized the City to apply for Federal funds unde r the lntermodal Surface Transportation Efficiency Act (ISTEA); and WHEREAS , in 1997 the City initiated the South Broadw ay Co rrid or Actio n Pla n ; and WHEREAS , the City Council of the City of Englewood passed Ordmance ~o . 41 , Series of 1998 authorizing an Intergovernmental Contract betwee n COOT a nd the City for the design of the project of widen and create m e dians on Broa dw ay betwee n Li . 285 and Yale Avenue ; and WHEREAS , the passage of this Ordinance will amend the bas ic co ntract date d August 6, 1998, in order to add the construction budget for the project describe d m the previously executed contract; and WHEREAS, this proposed Amendment provide s for the Fe d e ral P a rt1c1patmg Funds to be $2 ,980,000.00, the State Partici pating Funds to be $370,000 .00 , a nd Englewood's Participating Funds t o be S375 ,000 .00 and Englewood 's Non- Participating Funds to be $4 ,767 .00. for a Total of S3 , 729,767 .00; NOW , THEREFORE, BE IT ORDAI NED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon l. The City Council of the City of Englewood , Colorado, hereby authorizes the "Contract Amendment #1" to an intergovernmental agreement with the State of Colorado for the use and henefit of the Department of Transportation (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 as "Exhibit A". Sectjon 2. The Mayor is authorized to execute and the City Clerk to attest and seal the "Contract Amendment #1" to the intergovernmental agreement with CDOT for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and passed on first reading on the 1st day of November, 1999 . -I - ., ... . ' I • 0 --i;------,---~------------------.,----.,..------- - • • • .. , .. / ..• • •• .. .... Published as a Bill for an Ordinance on the 5th day of November, 1999. Read by title and passed on final reading on the 15th day of November, 1999. Published by title as Ordinance No. ~ Series of 1999, on the 19th day of November, 1999. , Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood . Co lorado, he r eby certify that the above and foregoing is a true copy of the Ordinance passed on final r eading and published by title as Ordinance No ._, Series of 1999. Loucrishia A. Ellis -2- .. .. .. l . ' . ) I • 0 32X - • • STU 2854-071 ( 11999) ,., ... ,, • • - WIDENING BROADWAY: US 285 TOY ALE A VE:'IIUE City of Englwood/R6 (JRI) CONTRACT AMENDI.\IENT #1 ., 00 HA6 00037 THIS A.\IIENDMENT, is made this __ day of , 19_, by and between the State of Colorado for the use and benefit of the Department of Transportation hereinafter refen·ed to as "the State" or "CDOT" and the CITY OF ENGLEWOOD. STA TE OF COLOR.A.DO. 3400 South Elati Street, Englewood, CO 80110, FEIN: 846000583 hereinafter referred to as the contractor. FACTUAL RECITALS 1. Authority exists in the law and funds have been budgeted. appropriated an d otherwi e made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 400, Appropriation Code 010. Organization :-.lumber 9991. Program 2000 . Function 3301, Object 2312 IP. Phase C , Reporting Category 6240. Contract Encumbrance :'liumber 11999, (Contract Encumbrance Amount: $3.173,750.00). 2. Required approval, clearance. and coordination have been accomplished from and with appropriate agencies; and 3 . The parties entered into a contract dated August 6. 1998, for the de sign project for widening Broadway at US 285 to Yale Avenue. including new signalization of the 285 Broadway Ramps , modifications to two ramps and associated improvements. and reconstructing Broadway to accommodate raised medians from US 285 to Yale . more fully described in Exhibit A attached to the Basic Contract, Routing Number 98 HA6 01077. 4 . The basic contract is still in effect and provides for changes to its term s and conditions by written supplemental contract: and 5 . The parties now desire to amend the basic contract to add construction budget for the project described in the previously executed contract , Routing Number 98 HA6 01077 . 6 . This Amendment is entered into pursuant to the provisions of Sections 24-30-1401 et seq ., 43-1-106 , and 43-1-110. as amended . NOW THEREFORE, it is hereby agreed that I. Consideration for this Amendment to the Basic Contract dated August 6. 1998. Routing Number 98 HA6 01077, consists of the payments which shall be made pursuant to this I! X ... I • I T A ) ' . . ' I • 0 • • • • ... • - Amendment 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 pan hereof, and attached as Exhibit A, and all tenns. conditions. and provi sions thereof. unless specifically modified herein , are to apply to this Amendment as though the y were expre ssl y rewritten , incorporated. and included herein . 3. It is agreed the Basic Contract is and shall be modified, altered, and changed in the following respects only: a. Section V .A., Project Funding Provisions, shall be amended as follow s: V. PROJECT FU'.'IDI:'IIG PROVISIONS 1. Paragraph A, of Secti o n V of the basic contract shall be deleted and a new paragraph A shall be substituted which shall read as follow s: A. The Local Agen cy ha s estimate d the total cost of the work to be S3.729.7 67.00. which is to be funded as fo ll o ws : 1. BUDGETED H INDS a) Federal Partic ipatin g Funds (80% of $3 .725 .000 .00) b). Local Agenc y Participating Share (IO.I % of S3.725 ,000 .00) c ). Sta ,e Part icipat ing Share (9 .9 % of S3.725.000 .00-NOT TO EXCEED) d ). Local Agency Non -part icipating funds TOTAL Bl'DGETED ITNDS S'.!.980 .000 .00 S 37 5,000 .00 S 370 .000 .00 S 4.76 7 .00 $3.729 ,767.00 2 . Paragraph B of Section V of the basic contract shall be deleted JJ1d a new paragraph B shall be sub stituted which shall read as follow s : B . The matc hing ratio for the federal participating funds for this project is 80% federal-aid fund s to IO . I % Local Agency funds , and 9 .9 % state fund s. it bein g understood that s uch ratio applies only to the $3 ,725,000.00 that is eli gible for federal partic ipation. it being further understood that all non-participating costs are borne by the Local Agenc y at 100 %. If the total actual cost o f perionnance of the Work exceeds 53 ,725 .000 .00, and additional federal fund s are made available for the project. the Local Agency shall pay 20% of all such costs eligible for federal partic ipation and 100 % of all non-partic ipating costs : if additional federal fund s are not made available, the Local Agency shall pay all such excess cost s . If the total ac tual cost of perfonnance of the Work is le ss that $3 ,725 ,000.00 , then th e am ount s of Local Agency and State and federal-aid funds will be decreased in accordance with the funding ratio described herein . 3 . The figure of S3 36.000.00 shall be deleted from Paragraph C of Se ction V of the basic contract and the figure of S::!.87 5.000.00 shall be substituted . ... ) I • 0 - • l • ~ ~(, ~· , ~'"" '" ..,. , ·~t-: • • ••• .. . ' .... .. .. . .. 4. Except for the "Special Provisions ," in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment or any of its attachments or exhibits, and any of the provisions of the Basic Contract, this Amendment shall in all respects supersede, govern and conttol. The "Special Provisions " shall always be controlling over other provisions in the contractor amendments. The factual representations in the Special Provisions conccming the absence of bribery or corrupt influences and personal interest of State employees are presently reaffirmed. 5. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFfER THE CURRENT FISCAL YEAR ARE CONTINGENT UPON RINDS FOR TiiA T PURPOSE BEING APPROPRIATED , BUDGETED, AND OTHERWISE MADE AV Ail..ABLE . 6. TIIlS AMENDMENT SHAU. NOT BE DEEMED VALID UNTIL IT SHALL HAVE BEEN APPROVED BY THE CONTROLLER OF THE STATE OF COLORADO OR SUCH ASSISTANT AS HE MAY DESIGN A TE . ., .. .,, ) I . 0 3 - • l • • • - .. ' ' .. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day first above written. STA TE OF COLORADO Bll.L OWENS , GOVERNOR ATTEST : BY~~~~~~~~~~~ Chief Cleric Contractor: CITY OF ENGLEWOOD Title Mayor ATTORNEY GENERAL KEN SALAZAR BARRY B. RYAN Assistant Attorney General Civil Litigation Section Executive Director. Dcpanment of Transportation ATTEST (Seal) By~~--,-..,....,~~~..,...,..~~ I.o1.crishia A. Ellis Title City Cler)< APPROVALS ST ATE CONTROLLER ARTHUR L. BARNHART ,. ., I ... I· 0 32X • • • .. --· • '•• .. • -.. BY AUTHORITY ORDINANCE NO . SERIES OF 1999 COUNCIL BILL NO . 69 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE REGIONAL TRANSPORTATION DISTRICT , REGARDING ENVIRONMENTAL ASSESSME~T . WHEREAS , Englewood has been studying the General Iron Works s ite s ince 1997 for a potential residential mixed-use transit-oriented-development; and WHEREAS , the City ha s been awarded a Brownfield Assessme nt Pilot m 199i. which was used to obtain the Phase I Environmental Asse ssment for north Englewood delive r ed in January 1998 ; and WHEREAS, the assessme nt s tudied industri a ll y zoned properties i n north Englewood includmg General Iron Works ; and WHEREAS . the asse s me nt indicates that redeveloping General Iron Work s will require addressing environmental issues; and WHEREAS , RTD identified the General Iron Works site in the Southeast Corridor Draft Environmental Impact Statement as the preferred alternative locat10n for building the transit vehicle maintenance facility to serve the Southeast Corridor with the proposed facility including administrative offices : and WHEREAS, the City proposes to use the EPA Brownfield Pilot funds for $100,000 participation in the Environmental Assessment; and WHEREAS , based on the source of funds , EPA must sign off on the Scope of Work, Quality Assurance Project Plan and possibly other aspects of the project ; a nd 10 b ix WHEREAS. the City and the Regional Transportation District have set forth their respective obligations in the Intergovernmental Agreement; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO. AS FOLLOWS : Section 1. The intergovernmental agreement between Re gional Transportation District and the City of Englewood , Colorado regarding environmental assessment of the General Iron Works property, attached as "Exlubit A", is hereby accepted and approved by the Englewood City Council . -I - ---· ., · . .. ) I • 0 - • • • • • •• .. ... ~-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 1st day of November. 1999. Published as a Bill for an Ordinance on the 5th day of November, 1999. Read by title and passed on final reading on the 15th day of November, 1999 . Published by title as Ordinance No .~ Series of 1999, on the 19th day of November, 1999. ATTEST: , Mayor Loucriahia 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 the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 1999. Loucrishia A. Ellis -2- .,_ •' ' •·\ ., ... • I .. . ' . I • 0 32X - • • • ... •' • • - AGRl;l.:~F.NT .. ,. TI1is A~recme:-.t ai:idc this_ Jay of __ . 1999 betwce:, the Regional Transpomuion Distric: (RlD), a poli ti cal subdivision orlnc State ofColor.ido, and th1.: City orF:nglcwood (thc City) :s to ;mivicc for a n:mcdial investigation a.nd fo~5ibil ily Stlldy (investi~ion) ofpropcr:y whi c!i may bt: used in whole or in p;m for th.: Southe:ist Curricor Lght Rail Pnijcc1 Rl.:C!TALS : I. RTL) h...~ cnk-red into .in :n1c:-:;oven:me111Jl :i1;rc.:m1:11t with :ti.: Co lorauo l)ep.111 mcnt ofTranspori.it:on rcg:irui ng jesi:;n ar.d co:-~,truc::un of :i Soutl:e:ist corridor lntcr-i!!lldal lrJnsport:ition project (the SE Corridor). (DOT h:ls comr;i cterl !CJ pcrfunn all p,climinJry c:ii;:ii:1:1:rini; (f>E ) i'or :h~ SF. Conidor and ;1a., c::fag~ :he firm ofC.1r:.!r & Rur;;~ss !o perform th:it work. ~ IUf) .':::s il.!curilil!'t: prope:-:y lo,Jt: 'in :h.: Cit;' JS a pot~nti;i! ;ite :o: use :1s J m::iutcnJnce faciliL~· in thc St; Cu rridor . T!:c City is .:c1:siut"r i:1g al'owm 6 us .-o ftbis pmpcay !or ot~e: deve!opn:i.:nc. TI1e rrope:.,y in qucsti u11 ::::iy sur:-.:~ frorr. e:1vi;·o11mc:ital cont:1minC1tion. RTU .:ind the C:ty bi.:!ie, ~ it is 1::,i r 1m:tual inter1:st :o '.1 .:.vc a i\::ncJial inv.:s:ig:1t 1on :ind fc:isih ility pe r:orn:eci on ti->,: i:-rni;e::y :,1 ~crcn::;n.: th, rcasoll3bit:::css and ant icip:ttl!d cost of us in g the proi;c:ty :or ju i·,: d.:,dop:=i.:nt am! tr:m,it purposes. 3. The property in quesi:oi: inc!u.J,s the "G.::1 er.il lr on Wor !,.~ .. site .:i:d the Steams Rogers r.,ci!i ly :it approx imJtc:!y Sant.:i Fe Av cnu ,: bi.:twe:n Fh,cs and Yale .A.\"Cnucs. th1: Boh"s :\uto Sit, ;ilong Sanra re ,\ve:1u.: he:wc~:1 Y~k ,11•d Vas<nr /\ve:mcs , JllC iho: Bur!inston J\orth.:rn S:uu.:i re props:~ty alonl! Sama ~c ,\venue bi.:tw.::1: l!Jrv:.i rc Avenue and V,i.,5:tl' A,e:iuc5 . 4. lhe City i1ils bc.:n ~tudyin~ the Gcncm! Iron Wcrlcs sit: sine: 1997 for :1 potent ial n:sidrnti~l m i.,ed-us, :ransit·o,i.:nted dt ve!opment . 5. T11.: U.S. Env ironment;:] Prutccti ,,11 agc:i,y (F.!'A) a"a:ccd a Drnwuficlu Asscssmi.:nt Pik11 to Eni;!ewoc:d in 1997 which was usd to ohtJ i.l a Phase I Env ironm1::ital Asscs~m~nt for aorth Ei:~l~wood whic!1 .,.as ..:divcr,-u :n fanu;iry 1998 . Th.: :1.~scssmt::it studied indust:ially 2.oncd ;,rupcrt i.:s in nurt !i E:igiewo1:-d includ ing Gi.:ner:il !run w.,rks. The :i.·m:s~n,..:nL indi.;;itcd that re:kv1:lop ir.g Ge:u:ral Iron Works will require .:iddn:ssing .::n·iron:n.:nt;:! issi;es . Fun~s ?rcvidcd by Englewuc:d pursu;int lo this ,\c:rc.:ment will uliii,e this Rrownfie(d,. tir;nt. Fl':\ h:L~ rc vi .:wcd :he scupc ofwurk for this Ag:c;:rnent :u11J has approved us.: of th.:st: funds . 6 . Although Rm identified !he Ciener:il Iron Works sit ~ in the So ut heast Corridor dr..ift Environmental Impact St1tcme11t a.~ lhc pr1:ferrcd locat ion for building the RTL) m:1inlcn:u1ce facility a revised location including the nonhcm portion ofthi: Gent!ral Iron ·. 0 E ~ ... I E I ' ... I • 0 - • • --• .. . ,. ., • •• ' Works prop,:ny and addit ional properties in Denver will~ ineluced in the: Final F.nvironment.il !mp.ict S1atc1m:n1 as possible atlcrn:itivt.s . .. ... 7. "!l1e pa.rtii:s wi.,;h IO have lht inve.slisation ofihe prope:ty includ~ as pan of1he PE for the SR Corridor. In fur Lher.tJ1ce of Lhis go al the pa~ics a;:.xc :is follows: CONDITIONS · I . A scope or work lor the investigation has bcc:1 prepared ai id is an.:u:hed hereto ilS l:xhibi1 A :irul incorporated herein . Brown & Ca!dwe!l. the p:1rty designated as rcsponsiblt for performing the work is l subcon1:-ac10r to the Carter & Burgess, the contractor pre;,:irini the PLYETS for CDOT . 2. R'm will n:11ucst that COOT :nc!11de F.xh i::it .\ .1.~ p;in. of rhe PE for the SF. Corridor 1 he cos: to th.: City as a res ult of work required for :b: City is Sl 00.000 (one htU1urcd 1hous:1ml dollars). 3. The City '\I.ill p.1y 5 !00 .000 to Rl D upcn Lr.e City's ,c:.::pt of:h: rc po :ts SIX"\:ificd in c .thibit A KTD docs not by the Ai;recu:eat l;\!::r;m tc:.: ;,e::orm;ir..:e of th~ i11vcs1iptio11 :ind the Ci1y 's only remedy in :h..: t:ve :1t ol'.io r.-p~:fo:m.;1:cc ,h:i ll DI! ao;:. payment TI1e City acknow ledges am! undcr:;t:ui.ds !bl RTD n ;::; 1:0 cuatr:icl with C:ir :c r &: Durgess or Rcown and C:ildwdl :md is act in g on l;-JS a fo c;l:r :u o: ~or th;: "'-1J rk am! for paymen t 4. The purpos e ofihis Agree:ncn1 is to Jcte::n ii :e ti:~ fca sibili1y or ent.:r ing in tu fu ture ag reements for joint Jev..:!~1pmcnt ofih~ propeny 11.hi c!l j oi:1 : dcvele>pme::t w,,~ ,: ~ designed to pro,·iue for public ,md private uses ar.d a new RTD RJ il tr:i r.sit stop in th e 5. :,..either par.y to rhi.i ~gn:c:ncnt cl,mmit s to take or tu r.:fr ai n from tak ing any :ictiun inc luding purchase of1he pmpc:ty, us.: of the proper ly . or de\elopmcnt Mthe property as a result of the informat ion proviJc:i by the in vcstig:ition . 2 • ., '• .. .. I . ' . '. A I • 0 32X - • ~ -• .. \ .. .. • . , APPROVF.n AS TO LF.GAL FORM FOR TTIE KtGrONAL lRANSPORTATION DISTRJCT Marfil L. Lien Associate Counsel A1TEST: I.uucrishia A Ellis, Ci1y Clerk 3 .. ... Rl:GION/\L TRl\NSPoRT ATION orsnuCT By : Clarence W. Marsella General M.lll.li&er CITY OF c,:\'.Gr.Ewoou ily : Thomas J. Burns Mayor ' .. 0 • ,. ', ' . I· 0 32X • • • .... RESOLUTION NO._ SERIES OF 1999 - ........ , • • - .... A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE ANNUAL "FOOD FOR FINES" PROGRAM FROM NOVEMBER 16 , 1999 THROUGH DECEMBER 17, 1999. WHEREAS, the Englewood Public Library has sponsored a "Food for Fines" program during the November/December holidays for the past nine years ; and WHEREAS, the "Food for Fines" program allows patrons with overdue fines to "pay" them off through the donation of non-perishable food items; and WHEREAS, the food items are then forwarded to the InterFaith Task Force for distribution to financially disadvantaged families in the Englewood area ; and WHEREAS , the program is a benefit to the community in that the disadvantaged are assisted and the air cleared with respect to fines and the City receiving its library materials back; NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: Section 1. The Englewood City Council hereby authorizes the Englewood Public Library implementation ofthe annual "Food For Fines" program from November 16, 1999 through December 17, 1999. The "Food For Fines" will then be forwarded to the Interfaith Task Force for distribution to financially disadvantaged families in the Englewood area. ADOPTED AND APPROVED tlus 15th day of November, 1999. , Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado , hereby certify the above is a true copy of Resolution No._, Series of 1999. Loucrishia A. Ellis .. I • 0 - .... Date November 15, 1999 Initiated By Library Department • ,,,.-- • .. 1 ·:1, • -.. ' COUNCIL COMMUNICATION Agenda Item 10 Ci Staff Source Subject Englewood Public library's Annual "Food for Rnes" Program Hank Long , Director of Library Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION ' ' The Library has sponsored this program for the past nine years, and each year the City Council has voiced its support of the program . RECOMMENDED ACTION The Library Department recommends City Council approval of a Resolution authorizing the Library Department to implement its annual "Food for Rnes" program from Tuesday , November 16 through Friday , December 17 , 1999 . BACKGROUND, ANALYSIS , ANO AL TERNATIYES IDENTIFIED For the past nine years, the Englewood Public Library has sponsored its "Food for Fines" program during the November/December holidays. This annual program allows patrons with overdue fines to "pay" them off through the donation of non-perishable food items. e.g. 9Dt food item cancels out the late charges (not lost or damaged charges) on oo, oytrdyt tt,m. Food items must be presented to the Library Staff at either the Circulation Desk or at the ) Bookmobile In order for the fines to be cleared from the patron 's computer record . The collected food items are then forwarded to lnterFaith Task Force for distribution to financially disadvantaged families in the Englewood area . Th is program has been wannty received by the public since its inception. Besides providing resources to needy families in this community, the program presents a positive image of the Library and the City , i.e. a "win-win" situation for everyone involved. The 1999 program will run for five weeks. FINANCIAL IMPACT The Library averages $1 ,200-$1 ,500 per month in collected "late fines" (i.e . charges on books and other items retumed past their due date) which go back into the City's General Fund. During the month of December for the past few years. this amount of overdue fines has dropped to an average of $800-$1 ,000. no doubt in respo ,se to the "Food for Fines" program . This most likely means that the City will again lose $400-$600 in overdue charges during this year's "Food for Fines" program. LIST OF ATTACHMENTS Resolution ' . .. " . ' . I • 0 32X ·.]- • • • .. ~ --· • , .. ,• ... . .. ( • .. • .. .. •, COUNCIL COMMUNICATION Date Agenda Item Subject November 15 , 1999 10 C ii Purchase of a TV Van INITIATED BY Utilities Department STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION Council approval , by motion of the purchase of a TV van and power control unit. Staff recommends awarding the bid to Williams Equipment Company, in the amount of $33,995 .00 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The TV van allows the wastewater collection crew to inspect the sanitary and storm water systems from the inside of the pipe. This will provide an in line view for inspecting pipe quality , root infiltration, protruding taps , offset joints and manhole invert con r ections, blockages and ) debris in mains . In the past ten years technology has rendered the old camera obsolete . Replacement parts for the existing camera are no longer manufactured . A radial eye will allow camera a 360-degree view to look into tap connections, buried manholes and collapsed pipe severity . Requests for Bid were sent to four vendors for a TV van . Four responses were received . Boyle Equipment Aries Industries Incorporated CUES Williams Equipment Company $49 ,950 .00 $34,975 .00 $34 ,700 .00 $33 ,995 .00 Williams Equipment Company was the acceptable low bidder in the amount of $33 ,995.00 . FINANCIAL IMPACT Williams Equipment Company is the recommended bidder at $33 ,995.00 . The Utilities Department budgeted $50,000.00 for this piece of equipment in the 1999 Budget under #10-07-44511. LIST OF ATTACHMENTS Bid Proposal Tabulation \ .. '· • ' I . 0 - • · .... ~. (;tty of Englewood Ski Tabulation Sheet Bid Openlllg Dall: Oclllber 12, 1919 10:00 a.m. Bid him: llounlld TV ln8pectlon Syatant Vendor ,.,... lndusfrles Incorporated SM,17LOO 14N T ...... Unit 103 Cloria,, CANftf -.r-"9,HO.uv USE. 70th A-., Unit I o.nwir, co ao2n CUES $34,700.00 HOO Ria vi.ta Awnue Orlendo,R~ EqulpmMt co,,,,,.,,y $33,HS.OO UllZunlS*-' Denver, co II0204 .. • • .. • •• ... YN-S..nota TN•Menoll Nol9 In exception aectlon concerning deduct No Nllmalad d• of dallvery 11ated Yea-s .. note YN-S..note ,. ' 0 lV.INSPECT.&YS T ... 'I ..,, = ., .. 0 3 - .. ,. ---• '··· .. • -' COUNCIL COMMUNICATION Date Agenda Item November 15 , 1999 INITIATED BY Littleton/Englewood WWTP Supervisory Committee 10c iii STAFF SOURCE Stewart H . Fonda COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Subject Maintenance Contract for Jenbacher Engine Generators The Jenbacher Maintenance Agreement was approved by Council during the 1999 budget process and is contained as part of the 1999 budget . RECOMMENDED ACTION The action recommended is to approve by motion the maintenance agreement with Jenbacher in the amount of $99,317, annually, for a contract period of six years for general maintenance and one major overhaul of one Jenbacher engine generator . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Phase 18 expansion project included an upgrade of the electrical generation system . The two existing 460-kW capacity, engine-driven generators were decommissioned and removed at the end of the UE WWTP contractual obligation with Pli>lic Service Company to provide unintE!fT\4)1able power . Following extensive evaluation of electrical generation systems, Jenbacher, an Austrian company , was determined to have the most advanced and reliable carburation system to allow operating in a dual fuel mode . The Jenbacher engine generators produce electricity that is used in the plant and reduces the amount of electricity purchased from Public Service Company . The Jenbacher engine-generator sets require routine and corrective maintenance to run reliably and ensure continuation of all terms of the manufacturer's warranty . Maintenance of engine-generators in the past was contracted to obtain the specific expertise and experience with engines and generators at the most attractive price . The recommendation is to proceed in the same manner. The basis of the contract is a guaranteed operating cost provided by Jenbacher, which was previously negotiated by Brown & Caldwell. The contract is for a six-year period and includes routine maintenance and one major overhaul on one engine. The cost of the contract is approximately $99 ,317 per year, and an annual escalation rate of 3%. Jenbacher will pay for any maintenance that exceeds this amount , including the major overhaul. FINANCIAL IMPACT The Jenbacher maintenance agreement is funded in the 1999 budget . The cost of the Jenbacher maintenance Agreement will be split 50/50 with the City of Littleton as a capital expense . LIST OF ATTACHMENTS Copy of proposed Maintenance and Repair Contract • • . ,. 'I I • 0 • • -. • ,. ,,--· • '· ,• ... .. • -' We otter th, following 6Y11r :JENBACHER MAOO'EJIAHCE AND REPAIR CONTRACT for ,cur consideration and acceptance The City of .Englewood hereafter called "the OWNE.~· agrees to buy. and JENBACHER ENERGIESYSTEME. LTD 27260 Haggerty Road. Fanningtc:i. MI 48331 hereafter called "the CONTRACTOR" agrees to sell ----1 N I R G l I the sel'lim for the maintena.'\ce of the j£NB;.CHER equipme:.t installed at Littleton / Englewood Wastewater Tleatznm P\ant site (2900 SPRD U'lglewood C(l .) subjec to the following ter.ns and conditions : 1. OBUGAIIONS OF THE CONTRACTCP, 1.1 The CONTRACTOR is Uablt to cany o:.it the maintenance on the individual JMS 320 GS-B/N .L gimsets L'\Stal!td i!, tl1e Ow:ter's facilities as per JES Operations & Maintimmce Xanual and Maintmmce Scheeul, (Annex 2) and to provide the necessazy m..intena.'\ce pars and cons111r.ables which arl! required for the operation of the er.gine;. The work will be carried out wit.ltin the interfaces of the attached Technical Diagram (Annex 1) and according to the maintenance specificaticns given in t.'1e Maintenance Schedule (Ann~x Z). This contlact includes major work (mir.or and mended major overhaul). unscheduled repair service and does i.".clude oil changes. 1.2 The following is included in the at paragraph 4.1 mentioned price: -major overhaul at 40000 OH -cylinder head d1an9es -costs for labor -traveling expenses -costs for maintenance parts fot schtduled maintenance -costs for consumables used in maintenance activities Li.ttlltlln Englcwood/10_99 • ' "' I· 0 --------...... -------------------.,-------------------~~ - - • • • -costs for lubticmng oil 1nd lubricating oil disposal • costs to cmy out lubricating oil inllyses -all gmml nwntenance per JES ManUil .. ... -ill schedultd 111d unscheduled maintenance exc.pt those apUdtly defined in section 2. 2. NOT tNCWDED IN 'fflE OIUGAnONS OF THE COH'l'RAC?OR 2.1 Any convmion and modifications (e.g. updated compcmmts). ezapt performed at JES approval 2.2 Any semen. t.g . constmction id:ivitin. hydraulic modifications. lite. required after a nttflSIIJ iep!.mnent of 1n engine for reasons mmUontd in point 2.3. 2.3 Any iumteMnce or rtpAii KtiTities necessaiy due to il1Y kind of memal force. wate or me. incomct operation. non-compliance with technical instructions fmming III illtegrll pllt of die contract talling corrosion. contamination. etc., or imfflwntion by unmthorized persons or tlli1d parties . 2.4 Any Ktmtift at componmts which ce not nplicitly defined within the int!l'faces of the atuched Tedlnial OiAgram. 2.5 leeptng of m operations logbook. 2.6 Miscellan!ous minor routiM checks. 2.7 Rft\Otf data logging of unit. 2.8 lhe COHJ'RAC?OR is not &ble !or idditiorw mainte!Wlce activities or damages resulting from a non-acceptable gas quality (gas quality limits set n 1000-0300 Annex 4. except components specified in section 11090-4, pangRph 8.1.a.1 and 2 for anaeiopic digtester gas). 3. OBUGA?IONS OF THE OWNER lhe OWNER agrees to: 3.1 Keep an operational Logbook -daily . (Annex 3) 3.2 Cany out the routine checks in according to the maintenance specificatlons .(Annex 6) 3.3 For the first three (3) month report Wftkly. ta the CONTRACTOR by ttltfax actual opentiNJ hours. ope:itional Logbook and poaibl11musual incidents. MtM thm (3) month reports s1wl be fomrded monthly to the CONTRACTOR. 3.4 Pmide the CONTRAC?OR with a fuel gu uwyses. upon CONl'RAC'IORS request if contuniNtion of the oil is IXCtSliftly outside it's specified limits (silicon lfVlls in specifk). Gu wmpling and uw,sis method acamfing to Anna 4. Contractor s1wl reimburse owner Ii of the cost for sampling requestld by contractor. LitdllDn ~10_91 • · . I . 0 - • - • -. p .,.-.• • l , .. .. • • ' 3.5 Maki! available a lockable room or cabinet suitab ll! for parts and tool storage at sitr. 3.6 Rrfrain from any changes or modifications of the operating puameters of the engine power plant except in case of an mergency to pievent damage to persons and/ or property. 3.7 Pennit the CONTRACTOR to shut down one engine during the nonnal worlcing t1m, from 08:00 a.m. to 05:00 p.m. from Monday to Fricuy for maintenance work without mertion of ,ny compensation . 3.8 Operate the equipment within the limits of JENBACHER's 'Technical lnstluctions for the Operation of Gu Engines' (Annex 4). 4. REMUNERATION 4.1 The price for one (1) yeaz is based on actual op!Rtion kWh, for 8760 OH at 907 kW. u measured by switch gear metering. for the services earned out by the CONTRACTOR according to this contract is: 0.0125 per XWh • S99 .317 per year This price is based on 1999 prices ind an annual escilation rate of 3'11,. U. dwing any of the six years covered by this contract, the US Producer Price Index for Industrial Mlchine:y and Equipment plus 1 '!I, is lowet or higher than the ifo:ementioned ffl:alition :ate, the price will be adjusted actOl'dingly. 'Die minimum price shall be S 70,000 per ytar if engines ue operated below 75 '!I, nominal output fo: longer than 4000 OH pe: yur due to low gas production 01 other plant rei.ted reilSons . 'Die CUSTOMER shall operate at least one engine at maimum pract1cll power level, based on digester gas production, md shAll be billed monthly on a per kWh basis. The rate mall be S0.0l2!i pei kWh for th• first yeu. beginning iJI 1999, uul shill escalate as stated ahem. NCh year thereafter . One engine shall be op•rated as the bilSe engine and the othe: shall be the standby engine. receiving th, minimum possible hours of use. 4.2 All regular maintenance smices within the rl!Sponsibility of the CONTitACTOR. Will be peiformed during normal worlcing hours (Monday through Friday &om 08:00 a.m. to 05 :00 p.m.). 4.3 'ffle OWNER will make one engine 19lil&ble fer regular maintenance dwing normal working hows . CON?RAC'IOR shill perfomi emergency repaiu outside normal working hours at no additional cost if both engines m down . LiUlltDII ~10_99 . ' I • 0 ., ,j • • 5. ,,--·· • t· ..... • -' ... TECHNICAL INSTRUcnONS R&D canied out by the manufacturer of the engines may result in new findings as to the optimization of the operation and maintenance of JENBACHER engines. which might result in the modification of the mair.tenar.ce schttlules and/ or technical lnsttuctions. The CONTRAt'TOR will prcvidt the OWNER With the latest edition of these documents and adjust the maintenance accordi."\gly. The CONTRACTOR mll infoim the OWNER about changes . i1 my. i.., the maintenance procedure and a mutual agreement should be made as to whfther and to what extent the new measures will be applied in the future . 6. ASSIGNMOO OF SE.II.VICES The CONTRAt'TOR is ffltitled to assign tlus contlact. par-..:. thereof and/ or the performance of contlactual work to qualified third parties but not without writte.; ap proval of tlte OWNE.1t Such approval shall not :ie urueaso::able withhe ld. 7. DURATION OFCONTRACT 7 .1 The teims of this contract shall remain unchanged for the period of six years . The six ~ar period shall be;in upon Notice of Substantial Completion. The Contract shall be renewed yeuly. 7 .2 The contract becomes effective when both par.ies of the cont:act have signed the contract . 7 .3 Subject to 30 days notice. each pany to the contract has the right to cancel before the expiration ot the contract tor rusons . such as r!Jleated neglect of obligations by the CONTRACTOR or OWNER, subje~ to 30 cays notice . Such cancellation must be in writil'lg. provide information on th, acclaimed c.intract violation. and if reasonable. give the Yioliting pilty a per:od to cure not less thut seven ( 7) working days to addms and ta conect the diimed violation . The cost for a major ove:haul is S 150 .000 Uld this maintenance agreement with the yearly p.;yment by the owner is inten,e: to cover one major overhaul after 40,000 hours of run time . Consequently if the OWNER or contractor cancels this agrttment prior to CONTRACTOR perfomting the maj o: overhaul. a portior. of the yearly cost shall be refunded by the CONTRACTOR. Upon cancellation by either party prior to t.lie 40 .000 hcur major overhaul. the CONTRACTOR shall pay the following fees to the OWN£.1t. If th@ CONTRACTOR has performed the major overhaul after 40.0CO hour of run time no m .ount shall be refunded by the CONTRACTOR . • ., ) I· 0 .]- • • • • , "•' .. • -.. ... Upon the OWNER canc euig the contract pnor to the six year period or not r!newing it Y'arly. the contractor shall n!fun d the amount per Ute following schedule: (S 150 .000 ) multiplied by(# of days horn Notice of Substantial Completion to Cancellation date of Maintenance Agreement ) multiplied by (0 .9) divided by (6.365) Example : Should the OWNER not renew the mainterwtt! agreement at the end of the fourth year. 'nle CONTRACTOR shall reimburse the OWNER : (S 150 .000) • ( 1460 ) • (0. 9)/2190 .. $90 .000 Upon CONTRACTOR canceling the contract prior to the six yeai period or rfflewing it ye.uly, t!".e CONT?.ACTOR shall refund the aT.1ount per the fo ll owing schedule : (Sl50.000) multipl;ed by (# of days from Notice of Substantial Comp letion to Cancellation date of Agree:nent) multiplied by ( 1.1) divided by (6 • 365 ) 8. UABIL!"TI 8.1 The CONTRACTOR is responsible for damages to the engines subJect to this contract. which he causes by negligence in direct context with the perlonnance of works definPd under Section 1, within th, hoi:ndaries of :tis liability insUiance. 8.2 In no event shall CONTRACTOR !,e liable to OWNER for consequencal or damages which may ilrise in coMection wit.'l this Maintenance Contlict, including but not limited to . loss of profits . loss of time. inconvenience . less of use of Products or other similar damages . 9. 10. FORCE MAJEURE CuM of force maJeure suspen:i the pa:ties !rom the obligation to comply with the tenns of this Agzee:nent. Ally cizcumstances beyond the control ot the pa:ties intervening after t.'le formation of the conaact ind impeding its reasonable perfomwice shall be considered as a ,;ase of Force Majeure. Those cases includ,, but are not limited to . ex;ilosior.s. the. t\ood. insu:nction . riots , wars and d,lay in delivery of ,aw mate:'.a t. For pmposes of this Secion, c:iIC'Jmstances not due to the fau lt of the party i:wolcing t.'lem shall be deemed to be beyond the control of the pa:ties . Upon the cessaticn of illY such case operating to excuse performance by either party , this Agreement sr.all continue in full force and effect unal othel'#ise terminated . ADDmONAL TERMS 10.1 No verbal ag:~ments are made rel.aang to this contract aJld this is the only agre!ment. llnt.ton Englewood/:0 _9g • ... 0 I . 0 .- • • • ... • .. • •. - ... ... 10.Z Changes and supplments of this contract must be in writing and must be ipproved by both puties. 10.3 'Die pilties to the comnct UDdffllke themselves to fflt possible legal succnsors respectively compames ISSOdlted with the CONTRACTOR with rights and obligltioN of the contnct. 11 . ~ 1) Technial Dagra 2) Nlintmlnce Schedules 3) Opemtioml Logbook ,, n 1000-0300 (section 3 inn 1000-0300 does not apply to this contract ) Guidelines for gu sampling and analysu 5) CertiftcD of Ulbility lnsurlnce 6) Dailt and roatlne ehedts C1ty of Englewood For the OWNER: Stu Fonda, Director of *l'P Uffltton flllllwaod,' 10_ 99 JES Ltd. for the CONTRACTOR: ,. . " . ., .. .,, 'I ) I· 0 --- • • .. • • • ... MAJN1tNANU SCHEDULE .. ' ' Nodule typr. JMS 320 GS-B(N).L Key word: wttelton Englewc cd Design no .. : J 5849 Spade plUIJ cllan9e '"ttrvals 10309 AO (set openlional log) D~c:,,.,.e :or ::he a~I u.'!Ollle of ;;,a:'< ;:lui;, .:e ":.ie op rraconal ;:aam~:ecs q~o ted ~'I th 'Gen.iii :onc:::c~s · 71,No 1:co-c1 :1 .. ~d :.~e :e,~ir.; of tM :grJtlCn Vllltlljt c.ie :,u :c ce ca::-:,c: out ·•eeitiy. ;!I ac:,r~.i::ce w:th t.'11 o;enruil\11 \~ WOIOO M3 Tl·llo .1000-0099A Tl•ffo .1000-00998 n-No .1~9c W040CMO 4000 sooo 6000 7000 8000 9COO J~mr:e :or :ile 1~u.il oil dl.nge ir.:e~:al.; · .. rue~ '°''' t:, ce :net. are t.ie :e!1.:!t;; :! ':.r.e eir.gi.rie luC::cae..-.; c:il !nt,;.-ses 4'i"~c :: :n ·.:st ';, carr:e d ,.r ;ro;erly. Aite: C. ;; ; ~~c:. ( I.5tn.."!',) tota l wt~ an<!,'o: ':y :;.., ::,;: fuc:·:er1 of ·1a lvtt Nea,i ~! rr.o:e tl'lan 0,008 inc.."?~ .;.2~_-n ;· .. ,r:.-~-. ~~ _-.s;::,~c:i t."l~PrvaL :..i, valvt d ea:mc!.insptc-:o:. IJ'l!er:a is d!e t J bt bil•1 te!. 'Nit~ :r.c:e ':.'lil\ 0.09@ inch (2 .5mm ) . .,,a.:_ ::he :;t:te, "·••lh ue :o bt ·:r . ...-:e~ 'to p end ovehauil. :=;,,irr; 1 l"IQ .Jrl 1 ... ,,,ten•nct 5er.fdi.,~ ,5000 Z7000 2ScCO Z90CO 10000 ;000~ 11000 3!COC 12000 13000 14000 15000 j6(;00 3ecc: ;,;c cc ,oc:ic Ploptr t.-<utlon ef tlll pnRTIIMd «tion5 •ccording to !ht operation jou,n•l •nd proper ktt~ing of ,hat Jovni,I IS ..UIS"""' rullltetllllet KCOrding to the ma,nten•ntt plan 111! prrrrqur,itt\ far tht Kiu-tad,._t ef dalas •ndtr •lrTanty. Aftn' Ille "iu,jDr -tiaal" (40 000 op1raling hours) rtput lM prnc:ibtd 111..ntrnu1ce work U$ing tllt .... lalarvall u ....... ., .. I • 0 • -. • .,,. . • .. • • .. MAINTINANCE SCHEDULE Maintenance -Overview: Module typa: JMS 320 GS-B(N).L Kay word: Uttelton Englewood Dfl1gn no.: J 5849 Attention: The right s•le~.ion of operating fluidsis of attaordinaiy importance for the dural;1ll~ of th e plant . Therefore the user of th• plant shall use uclusively operating fluids in strict accordanc~ wit.'l our 11'\st.-ucnoru. Proper execution of the stipulated activiti,s in accordance with t.'le optratc:ial lo g. and management of the operatonal log, as -.wll as proper maintenance in accordanct! ·itith the mau-.tenance plan. ue prerequisites for the aclcnowledgement of claims and wanamy. Inspections to be carried out Instruction mp. mainten1nce works necessary. No. Lubricatim, oil and oil filter· change W 0100 M3 Requlator linkaq@ / Throttle val~ -check w 0200 MO Coollno water oump • seal / om-haul W 0201 M3 Ignicor. svstem · check W03 03 MO "lalve clearan r• -check W :J4 CC MO Crankcase bre ,ther -deaning W 0500 M3 Tersina! vibration damoer -chanqe W 0~01 MO Gas-mixer in.mecion{pcsitionina-motor reiil.icement W 0704 M3 Mixture cooler • check woaoc Mo Minor overhal'l W 2000 MO Maier overhaul W 2100 MO Gasfilter -chedc: W 8004AO Exhaust heat exchanaer -differential pressure check W 8022 AO Exhaust aas turbocharger -check / deaning W 8C23 MO C:ankcase suction filter -chance W 8027 MO Alternator -c\eanina/check/bearutQ reotacement W 8030 AO JES switc:h cabi..,ets • c:heck W 8031 AO Start~r • Overhaul W 8032 MO Elastomer carts -check/reolace W 8033 .. Saeauard aaainst the outbruk of fire W 804 0 MO -Maa~t~tt·, Plate heat exchar.ger -channel plate exchange 1nstrac:. , :~.!Of\ : 7 Gear box 11~1,&fanutrrs ,tut."'l.lc : .. :ew:non :t • .. ' • l I • 0 • • MAJNTfNAHa SCNfDUU SeritS / Mainterw1nc1 schldute no.: Littel.ton Englewood Ger~tenuffl!Mr: J 5849 JMS 320 GS-B(N).L liujaltr: 1998 .-• .. • •• .. - Motomumm,r: 282883 1+2 Proptt alCUtion of tht PftSaibed actions according to r.'ir OPffa!lon ;cuma l llld ;,roptt knping ,t :.'Wt A\ jcWNI. &s ""1 IS propw IIWl!ll!IW!ce &CtOldlng le the Nintrnance pw, &re prereq=tn lt!r w ~ recognition of wamnty CWIIIS. ValV! dNrance -chedc wa,oo Mo The prOJJfl aecution of the IIWJlffllallCt work marktd ""is confirmed: For w opmtor: DMr. Wark done by/anapmy/Ckp.&raaftlt: I . 0 2 I • • ......... MAIHTINAIIC£ SCHEDUU Series / Ma1nten,nct schedule no .; Kennwort: Aggrepttyp: JMS 320 GS-B(N).l 1998 ,. • ... • •• ... •, ., .. Aggregatnummer: 292975 1+2 Motomummer. 282883 1+2 lmtebsstunden: StartUhl: Schmienll: Prop., fllfflltloA of ~.c presc!lled iC!!Gns «cording to the opc."ition JOU.."11 1 .nd propu i:@eping of thit jollffl&l u M!II u prapn IUllltlNIICt KOldiag tc the IIWJlltenanet plan 1n pmwquisitrs for ~ ,ecogmeoa of wm.it)' ct.i&lls. Rem1rtcs R!gw.tor liiwgt / Throttle valve • check W0200 MO Coolig water pump · snl / Offlhaul W 0201 M3 Ignition system • check W C303 MO Valve dearanet • check W0400 MO Gas-mizer inspl!ttion/positicning-motot tepiac emmt 'N07 04 M3 Mixtute cooler • check W08C O MO GISfilt,r -check W 8004AO Exhaust heat udw\g@r -differential press-.a-e c.ltedc W 8022 AO Exhaust gas turbochirger · chedt / cll!uting W 8023 MO Crwcase suction filter • changl! '118027 MO Alternator • lubricating /cleaning/check W 8030 AD !l!111\ifae".111r · s uua11C"""..o:u - ~on 17 . Starter -Ov,rhaui W 8032 MC The propn execution of the iuinte1W1Cr work Nrad "'is confmi td: For :lie aper.or. Dile: Work d1111e tit/ com,ey/ depamnent: • ... '• • '.) I· 0 - • • • • I ' <'. MAJPITrNANa SCH(DtJlf Series/ M,intm.1nce schedule no.: Keyword: Design no.: Module typa: Lltteiton Englewood J 58'9 JMS 320 GS-B(N).L Yur of p,Nlldlon: 1998 .. • .. • • ... Number crf 111Dd11ws: 282975 1•2 En!Jine number Operating hours: Number of starts: Lube oil: 282813 1•2 &4• ProFet ••ecucon ol tit• pmcnb~ &c:tions a«o1dill9 to tll• Ol)ff1tlcr. Journa l a.~d proper r~g of that jo\llNI ilS well u propPf !Mintenil\ce .ccording to the ~:t1W1ce plan a;e prerequiritts fc, th• ,micpution of wurllltJ CWIIIS. Rem•rks Minor overhaul W2000 ~O R,gulator linkage / 'Throttle valw -check W0200 MO Cooling water pump -seal/ overhaul W0201 M3 r gnition systm -c.iecic W0303 MO Crankcase breather -cleanir.g wosoo M3 Torsinal vibration damper -change 'N0601 MO Gas-milter it!Sptction/positioning-motor replacement W0704 MJ Mixture eoolet -check woeoo MO Gasfilter • check W8004AO Exhaust hut exc.'w:ger -differential pressure c.iedt W 8022 AO Exhaust gas turbocharger -d1edt / clearting W 8023 MC Crankcase suct:on film -change W80Z7 MO Alternator -lubr:catng / c'.eilli.'lg/ check W 80;0 AO M&nufact-Jler . s inft:'Jt:l!C~S • SK'llOD 17. JES switch cabinets -chec~ W 8031 AO Starter -Ovethaul W 8032 MO Elastomer parts • inspecto:v replacp W 80~3 •• The prcptr execution ot :he l!W.'lttr.1.11~ work 111&:ked ~is confirm~ For t11• cpftlto:: o.tt: Weik dcne by/company/d~e11t: ., ', . ' ' I • 0 32X • • • --------------------.. --------------------------------- . ·.• MAINTtNANO SCHEDULE Series / M1int1n,nu schadule no .: Kennwort: Utttlton Englnood Geritenummer: J 5849 huphr. JMS 320 GS-B(H).L 1998 • ,, • •• ... w Aggregatnummer. 282975 l+Z Motomummtr. 282883 1•2 lttnebsstunden: Startzahl: Schm1er6l: Prop•r ellfCUOon of tht l)fflailled lct:01\S ,ccording to the optr~tion journal ind pra,er kef:11119 of UW.t .h\ Jounwt &.1 wll as proper IUintfNltte 1CtOrdill9 to th• nwntlftillCf i.n Me pmequiaes lbr the £ll rtC09nition at wvr.nty NIIIIS . Major~ul WZlOO MO Regut.tcr linkage / Throttle valve -checlc W0200 MO Cooling Witt:' pump -sul / Cffthaul W02 01 M3 Ignition system· check W0303 MO Crankcase bmthft · c:lnning W0500 M3 Torsinal vibration _.,er· change W0601 MO Gi$-minr ir.spection/positioning -motcr replacement W~704 !if3 Mixture coolr. -c.'1.edc woaoo Mo Gasfi'Lter -check W8004AO Exhaust he&t exchanger -differential pressure chedt W 8022 AO Exh,ust gu turbodwger -check/ dNning W 8023 MO Czwrise suction filter . change W 8027 MO JES switch abineu -checlt W 8031 AO Startrr • Cm:haul W8032 MO Elastomer p.ru • CMCk/r!place W 8033 •• Plate he,t ezcltanger • cltar.nPI plate ncltang, ... Mll!llfa."tll.:fl · s ~ON Altem,tor -owrhaul -- The ;:roper fJCK'Jtion of the nliinteNnce wurlr marked ./is confirm•d: Por w op1mor: Datr. Werk don• by/co111pury/~ It II lbsolultly atemuy II ..... I appollllt IIPfd ---plAn ! .. . ' .. ) I . 0 3 I .. ' . -,,-· • . , .•.. -' . •· .. , . .. . . • • .. Opuaticnul Logbook • • ... ... ANNEXJ ' .. • • I 0 I . 0 xi • • • .. " ,,-. • . . • -... LOG IOOK FOR OPERATION. WEEICLISTI --Ulllt 110 Tu VisU&l <mnll 11Wtt lllSlltcaon l 0100 0 .. Ae.: .......... umut p ,w Rn(".lft POlm Q k'IAr ....,u,nt ~ S t'/A Powrfactar ~ c~-:tnt, Cuntnt AffRClt 'l•lllt ,. :Jm 'lalbfe ,t.,.,.ap !J11~ V Nl'\ltal ConSuttDt Ci:rrttr. ,. Ut Ezc'.tarion "/olhat V -"*ff ,tWll Rtllrtift Enaav IJIIVAIII Eu.:iatljl.S 1 i ll •; I ta,np•nturo • 2 I 12 'f cy\incle no .: l I ll 'f I 4 I 14 'f 5 I !5 'F 6 I 16 •; 7 1] •; I a , ;a •; I I 9 I 19 •; I I l ei lO 'f I I f~..,i• 1ocaot ... :~ oftr. rnqu,• •; lnOlllt lacat Witt: ;,nsNrt CJi Llllw oil :-orat-.arr ·r Lube oil E!fflllT• ps; LRIIO& ·D•t•: f:.,ri(l&t ·~ t~~ 'f Clwlrina ~ISS.tt :m ~l'osition .. Th:otttr nl tt 110,ition "' lu,aot!Wtjor Bypm ?os "' DDfflltina hew, h Ho11rs to llllintrnan~ h lllmiffr ol ,WU bNU.11: ;M Wll!D . It ar .. :.at Qft t'elt nr:"Ml!Jtr oi.ti11 ·; DNUt ;a '!W,rtf II ata..ut QoU l'INt nl:IW'l;tl Wit ·; Tab• Plitt tflllP . It alla.Jt ;u htal <1dlanqn 'F Ga., mrs:utt 111 lront ot tta!n · naN:11 aas !!Ji Gu orns11tt :n lront ot :nin · lnoaas aas lnl Gas prfJRlr cDNWlt : J !lliw/)Os. O....ticms ! :a YOJ /M :cmo .:100 HNMg ntn out ltt triqut Jacot water 'f lint ac.'lancft Mtl'Dng .em IJ'Utt ~ lt tsNU&t ;&.! ftflt tlC!\U'4tr 'f Ptraarw; .. ,ez o~ f'll'l'Q •1 e-t.i.. ~u l'IHt ,1trwr.q •1 'F Oil SAnmlrtaam yn/no A,: trmperatw: Amlnmt •; EAc-.nt room 'F 1tlllllian • .._, e,es IIOJ O~C ., ~ Allmoolft (llianur ) ~ .. . . . . . ' . . INdlr/CIIIIPlll9'---· n.----~ &A '!&IS I& mallamdlilJ: lss ~te: ETD/H- Chotud: £TD • I I I I I I I I I I • Th fr I I I I I I I I , ... .. "•u ' ' ' .2IZ97S 2.. ' ----~:·: 5u I I I I I I I I I I I I I I l I I I I ··' ·---- . I • 0 .. .. . • .. -.. ', .. • •• .. .. .. -- ANNEI4 n 1000-0300 Gaidellnes for gu waplillg UICI uwym .- • --I • 0 • • 32>< • • I ' .. ~ --· • ~. ... .. ......... • -.. ... TECHNICAL INsTIUCTJON No.: 1000•0]00 1, General: The aMlysis of the fuel gas shall be Me known :o tht ,mgine :na,,.ufacturer ;mor to the cont:act ~eml!!lt. Thi IN!ysis values 111ust constitute • l'fllrt!Sfflmive result. Whm it is recognized Uld/ or possible ~ in the ccnme of tmte change, of 1Niy3i, Yllua could oce"J: this firtor should be memd ta speclically. Ezceedillg or rmairung undl!I fuel gas cOMtrted limit valu~ according ~o table (page Z) must be declared during singlt mtllllffllltms. The engine is fully s-Jitable only for the Gld of !u.l gas, for which it was delive:ed. leciluse engine equipment and engine idjust:llent ue optimized only for the indinted fuel gas it lw to be gumnteed tha the lllethine qumity will not fall below the lllir.. llllWM quantity of~ tedwcal spedflal:on (e.g. iddmon of a liquifled ~ ii: lllixtuff). nus milter shall b1 duifttd with t!lt respectiff gu t1!l1ity. Lubricating oil ca.'\ loose lt.s anti-cor:osion tMflCtenstics by soili.~i of the fuel gas. "ffte results of periodial lubrlcati."19 oil llllllysis Ilsa rtm to fuel gas soiling (fer this matter itt n-No. tOOC-0112). Partirular precipnons regarding the \lSe of engine lube oiil (vide tedwal irlst=tions TI-No .1000-0125, TI·No.1000-0099 Band 1000-0099 CJ shall be obeyed in case of oist!nu of H.iogen and sulphui boNls in t!lt fuel gas . 2. lequfrN dlanicttr1ftla of th fuel ps 4-stntka spuk igntted gas tflnes: a) muimum admissibie vuw::ng speed of calorific Vil.We , O. 5'!'o / 30 SK. b) mui:llu:n idmissible sl:ort-time gas prtsroe v&riat.on : l mbu/30sec (0,043s,st/JOsec I. r) r .... l', ... 1",~"',.. c-.-;op• p10N1Do 3t ~ of lDII.Al'.lllill'r <""I'~"( ri.•pplv) • Br.6 Pre-combustion chamber gas pressun Sl2-6!6 : 620 : 80 -200 mbar [1,16 psf • U psf} 2~00 -4000 mhar [l6.Z5 p1'i • 58 p1'iJ 3000 • 4000 mbill [43,5 psf • 51 ps!J d) Fuel gas quauty : tht limiti'lg values for the fuel gas. which have to be ob'Yfd :esp. Wldl'!passed at tl'.e ir.ttlf;::-:f JEr.BACHER scope of supply, are tnlisttli in the table belcw . All quantity 111clli:ations rffer to the volume of fuel gas 111 standard condition.i.e.: a temptsature of O'C [l2"F], a pressuie of 1.013 bu [14,6U5 psi] and a heating nlue of 10 kWh/ml [966,11 IT\l/cu ft]. Other hl'ltiilg values ue to be p:oportionally converted direc:ly . -~:--0111: 1'9f.U lndfa: SI ., .. • I ) I • 0 3 • • -. ---::-------------------, .. ,----------------------,. ,,_ .. • ; ' .. • - .... TECHNJW. JNsnurnoN No.: 1000-0300 I Fun w QUALITY TI b It: a!Mvrt QU!vrt muilnum ..... neratmt ( • C) 40 ri04 .,, 40 (104 .,, IIWDIIUIII rei.l!lft h11111itli,,; f'l'. l 80 80 condtllSIU 0 0 mai,-:1um granule me (.,i) 3 3 dust: muimum a1W1tm1 rma/10 lr:Wh l 50 50 mazi.'lllllll content of sulphwic compounds c;i\culatld u HiS zooo 1150 '"'"'10 kWh ) 4) muilnwa conta1t of hllidt campounds (t.oUl Cl • Z I sum F in;/10 kWh) 1) Without rrstnc:ion of wunnty 2) < 100 0 r'51:ic-..td wamnty 3) lOC.400 0 no war.anry 'Pffll lgliM wuge whic.i >400 0 is di:tet!y or inchrPCt!y due to aised n.uoaen conttnt ;nwmum contPnt of silicon (mg/ 10 kWh ) witr.o:.'1 restric::ion of warranty 5) 0 with rrstricted WU:11\ty (for wur on 5) 0 u!-.aust val~. cylinder liner and piston rinasl mmmwn a:11111onu content 11110/10 lcWII) S5 55 lllmmum rl!'sidual oil contmt fmq/10 lcWM ~ 5 1 J A singll! ezcttdin; of 30'1, of :he mmtioned limitir.g value out of 4 iNlysis pn yw shiill be admissihll!'. ZJ n-No . 1000.0099 & limiting valul!'S for used oil must~ observed. J) Condition : An incrl!'utd oil sump wit.'11dditiorw oil tw to achieve an oil sffl'ice life of 1t least 250 wcrm.g hows (~er still 500/1000 worlcing llou:s) must be provided ( dilnensionir,g of siu must be earned out fer Heh cut of need depen~'lg on h.uogen content ~t of oil . ~c.). The U:nitmg valun for used oil 1ttording to n 1000-0099B ::1urt ~e obser,ed and the 111alytiral findi.'lgs cbtlined during t!ie w1nanty p,riod :nust !it rubmtt:,d to JENBACHER W1tllout prior requl!'St. ') Wit.'l a t:iul rulphu: content> 50 mg/tOkWh a reduc:ton of the oil s,rvice life OCC".1J'S . Atte:iticn is to b, pile! to tlus u '#it.i a defect !ugh sulphur conc1ntrations till! arise . particu larly in ~Hulphu:Uit10n plants. Datt . l .... 11 --· ------------- • I ·. 0 I • 0 ---------~---------------. .. • • • ,,-·• • . . • - .. TrCNNICll JNmurnoN No.: 1000-0300 5) The silicon content izl the ga, is d.ifficult to meuuie (dtpfJlding on the a111ple wen. tb• metncds cf azwysis Utd tt.e t::11e in bftwNn). l«auJe. llowtftf. it was pcssible to eswilish I clnr :elmONhip b«wNn ':he ·,a:cm mgina regu.Jjng wea: in :elation to tne 111icon-content inaNa in th, oil owwr mu. 1 limil:irl9 walue of< 0.02 hu bffl\ set. If this limit is nceeded. the WIIUl!ty wi1 be Jlllitad ID som atctt md Ill~ should be made fm incrNSed wu. apecwlly af ~"-• pistlln rings . ~pit calcuuticn fo1 th• Si-content: e.g. J 312 GS/ 600 i:W Ot1 filling qlWltity 200 'lit!ts [52.14 gallon) 550 oil mme hour, Si-content in fll9lll• oil 280 mg/k (ppm G) Si .1 • (OI -, • add:!of!.11.. ppn: % 01 cor,tl!r., ,_ •cantlnt / ,ao .I 200 Rel. Si-conttnt a -----.. 600 I SSC ). ~l lnstnKtfollS rwpNlng llndftU ps : 0.17 The composition ofl.indfill ~ i."l 11mml is subject to aueme 911iations. This may rt!Slllt in YID&tions of tM Wobbe no. md ttla rtqUiztd Ii: acess number ~ thus to variations of the combumcm Ii: ritic . D.-riat:ions from the nollliN! 9alu, ot ~ m rmo witi\ engine under lo.ii ut conected within I defi:1ed r~l!Wing rang• by the Ltcox ccnt:ol system . 1n o::ler to srcu:e a good swting INI no-\Oid ~ course it llllJ lie nectSSi1J to 14APt the stuting position to t.'1.t mer if the CH, contimt wllm complrld ID the tillle of iniml op1m1tion has ~ably c."iuiged. Utiliution of landffll gas in engi.nn supposes t.'ie ialowtedge of composmon. q'.Wltity uid its per.odicil c.lwacttristic. Gu SU1ples shill be ~n .r.d being illilyzed by qlWlified laoRtia alzeady in the phast of pWllling . Gu wen with highly pollutant contentJ must be c:cMected to tht tlue or cw utilize gas , ptoduced hert by irlstal1.tion of a gas puri!iet . nie following ptoc~ure is recommended fer the recor:!mg of ;miodical vuiarioiu : 1st wnple taking 2nd S1111ple tuing one Wttk after the 1st )rd wnple tuing two Wttlcs after the 2r.d 4th SilllJ>le tlking four weeks after tilt 3rd Stll sample taking eight weeks after the 4th ,~,--Dau : lfff.lZ !noes: 11 I • 0 - • • • .. • -• t• .l ~ .. -~ • -.. TlOtNJW. INmumoN No.: 1000-0300 Full us QUAU1Y Olwmytuty IM!ym af the 1aad!ll !PS f'eed to thr alginf wll bl taken After stalt·UJI and corml\llld Oftf Ule wmnaty plliacl. n-~ lllall be !Ulle ~ to JENBACHEI 1'lthout nqmst. Whc tMing gu smpla. mu sun tilit no ,-.rwtiafts an J1011i1M 1ll'd INlysis is cmitd out fflP . tblt ..-salJubl, 11111 a111pon,nt:1 calllllmld widl the huaidicy af die gu (t.g. lfH,. adds IIC.) an being callated tDfedm widl die pa uaple. 'Dir temperatme of !JINI dmizMJ sampling 111111t bt Kqllinll 11111 iadicalcl. Suction of outer air ii tD be pll"l'llltld. be between -,ling 111d --,.is must bt u short as poslil,le (mu. 3 days). 1'ml of Slllpliag iDd a. of -,sis lll1llt be indicated. 1he fuel gu shall bl -,zed for tht following components : mat!wlt (CHJ tDta1 SIUCDl\t c.ubori dicmdt (COz) amogm (Jfz) 11119111 (Oz) ,um of Slliph111 cmidtnlm quMllitJ • o•c [32"FJ IN!M humidily midial oil COl\tfflt dust S.mpling and ~ysis .it to b, writd out ICCOldinlJ to VDI directi'ffS . uch applied Anilysis procedure is to bt indicmd. -~:--0...: ffll , . . ~ ,. ' ' ' ~ • ! ' ) I· 0 32X .]- • .. • • •• Mfdlat CCJl4), !tllll (QJN). fta,,ae (OHi). CMbcm dlGlide CCOZ), lllrogtll (JIZJ, ~ (OZ) l,:Wle•C 11 C Ull1ililltGC·'n:D .. J r s ol•dlallll~"-cllla-. Acmrdiag te aadad IPA .Jt • Aft D-1"6 .. ' 52 . 502. IZS. a .,-ac .... A.$ 7 MC l•I& ...__. ID AIIIID-1145. IIWliNfll dlt labcnlaJialugll pw, l-,lt~ «T.a. blp 11 1Cma1plunci--,. I ]. llAI.OGENS: No• ... l ffl a-..,, .. , • ' . ... ... I I· 0 32 .] .- • • "-" • • .. .:·.·· • • ' ,. SILICON: A. ¥IJIPbna Med! fj:gv witll llllWflol or 2<:11101 somnt (!SS 1~antori1Sl' Wltll ..Sf" •11,pi"lffl. aCII Clllltllni"'J 20 Ill of 111«!1,no(, Incl 111 iaaiened ,n ,n ite INUI. TIit inlet of Utt llr,t ...-,......, is Clllll«tld ID I wmpti"9 pott lly I illlgtll 1/f Teflon lulling. l'ht Dudtt of tllt fl,n ;-,,.,. is CNwctld to tllt illllt "'tllt sec,llcl iapillpr. •d tllt outlet r, Ille s«Dnd fapi"9" is In lllffl COfflltCtllll 19 I _... Mlllla VIIIIW •nd I roto•tttr to -lllf llc,w tltf'UJll lllt i .. pill9ffl. A •K1au,. Pllllll is 1111d to draw Ille s,•ple from !lie pipeline lludfl' ,rid post '°"~ lalodiout tank s,mplin..,..U Ill -sysba flCllual. !'lie ps waple n ~ Ulrouglt IKII of the wmplit atdl1 It • "-• flll9ill9 fnla 3Zo-a •Vllill over I penod ranti"'J fro• J0-50ainlltlS. "'4dl119 11-,lt •- 1/f 16-Zl L TIie ...... MlillllMs ft Clllsllnlll ~ !111 llilJlt dimity pa1,-,._ Nale(~ Mtll _,_, 111d lllt .._ ,._ _... 111t yaple so~ ue _.. IS F (frorlt) ar I (illdl). Aalliat ,ir ta•,emin. 11111M lluaidltr 111d illlallflric P'911n n _.. dllllllg lllt ~ Pfflld. All lllt field M.,.. ilNI flt4' lllllnlis lfW stand ia I 11•plt CIICIW ilNI sllio,ICI to tilt '*'*'Y under CNill of custNy doal•1 llllla Cllfflrllt fllr Milysi,. Al Utt Wllanllry, Ill sa,nple are 1lllred in • rai9fl'l(Dr lllllil _tysi,. A ti-"-ti 3""' lllolild not Ill OCllded. lffllNII w111p!l119 and anai,ns, tllt Yllpits should rea.in Clllllad at 1--..,acure IIGt ,..,. tllan 50"F I GC-"S Wl"l5ZS (~ witll NIS-SPEQOMt'!rf) fer lllttll,nol sallpits. a ....... l'lclllrd 5a Seri• II 911 ~ 111d I Helolalr-hcufd 5971A NSS ~llllffl is ... .., 1111 ... , .. ._ tll'W .. ,.. • ..._ <*>· "'· .i o,. TIit _. med 11 o•s111s llitll 111 Uljldioll ..... of l L 111d I -16 fl • ,00:L TIie ill-.-i ii ... ill selmi,,e ion IIOlritori"9 .... TIit lllllitl fl ......... (J) lflt Ill!.°'· 111d OS 11 1.0.1.0 Incl z.a 111)/111.J and U.2.0 '"d 4.0 "'91111] fir 11!1111 ....... (CINlaNi llllll) 111d ,_,..,..,.otw•llla. lftllldM(y. "'*'""'· I twaw llft-rvn -ICP A(S (Yllfl couottd ... llOIIIC e•is1iofl iP«trOSCClgy) s~outd ,, --- • Descri,cio•s are fJIC1'llb of III ess.a, c:allft "Clwracttriniloe llf SI Co.,pounds i" ll"dftil c;,s· o,nenttd ~·lri"t t!te $WAiio\ COMlffl!Ct t99 7. n.. ff"ding> rtl"M"t t!lt latest lft~dolOC)lts !'ar S111tpU09 10d 111.ilyr.n9 Silicon• producU • Aba>e n,mfd infor,n,r,on i s undent004 ,s • gu,otline of ••••Wblt wmoung •nd ttst-.,ttnods ,ccording to Ult Ktu•I !Ult of ,rt. f0t more ,nform.ttion or ntw :uoli,~td mttftod1 . OlHH! :ontxt :,,aur l,Dorato,y i" your ..... N,1, q•. '""I C.>Gnaly1c1I .. . '• . , I • 0 32X .. ' , .. ., • -.. '• • • • I .. -.. ... ANNEXS -) • l .-I • 0 32X • • - n l.ocit111 c.e,nn ,.o. 1M 411311 icna1 m1 11D "1'1·'351 <Ill> 171·WIO ,. ,. ... ... 17C .. ---· • .. • • •, ·p M ~-..... U11a -.OW NAVI ... -,a M ..,_...,,. AIDIII IIOll'nll l'OUC:'I ~ IIOC.ITIO. NOTWmllTAMIINCI llltf ... _.,. '111N OIi CIIIOTIDII •.,,., caNTMCr Oii Oftllll IIOCllll8lf Wfflf IIIINCT TO .,c,, T\411 caTR:ATI ,,.., M a..'10 OIi MAY llllffaa,,. .._..,..... r, TM, ___ ._ • ...,. nl~ TWI ,_ IX~ ANO ::"°me~, OIi a,c~ IIOUCll9. -ffwaT99IOWII IIA¥ llolVI-~ .. -~ - Cl OIIIGJ790 07/01/91 07101/99 __ ,_ ~CJI • CDWIC' Ai-': I I =--..... 1..111, I • --I XXIXXX -·-,. , .. _ 10011,,, ....., .. I , .... _ I ' ij-~ _..,711 -----.i....:----1..oun----I· ,..,..., ... _. ...... I I·--... -. Aii110GMT: , __ •PJ-o--07/01/tl D7101/'9 ,-- 1 ----07101/91 071Dlm ___ ,__ __ . __ _ Ill ______ ..... ___ ..._.._,...-;. ..,.,_, ___ ..... _ .. _..J!.. .... - _,. _____ ..... .., . ..,, ... , .... ,a .... -.. -·--·-·"'··---""-·'"'-" -·- ... .. ) I • 0 - • • ... • --• .. _ .. _ . ._ < • •• .. IMke: 1. ulktast !:; ==•.-.-.111c1 ctlMs z. 2.1 z.z J. CNl!Rt .... ............ ,.cu.. c.itllt .......... UINIIUl .,..ltlowl ...... (TD .. ... ., IN5PIC110NS: I 9002 O ' .. .,.· • ' ) ' . " ,. '· ' I • 0 32X • ... . • -.. • -.. • .. . . - 0 • I • 0 • • • • .. ~ -· • r •111 .. .. • -.. IIISPICTIONS: 19002 0 1. Lull tlSt : Check the wllolr pw,t ..s ~r .eik.:i . in p.r~-..!u hcsP!, due.s. fittings. compfl\Sltors ~c. <villYl dim J. LNkages cm be d«m:n:."'ll!d t.'1:::ugh oil :nces at the i:."'.Mge-iir pipings. In tht ffmt of a mat illrlllum ait ~ :mxtwe rt is alsc possible to smell gas. 111, loarian of tJ\f mt can bt dfflmzined wit!1 :ht htlp ;! a '.twg, spr•y. a p~c. of pape: (will be blown nay) or by lwld. 1.1 &llaust pfpn ..i su,-twpr C1111necttons : laugn QR be ~emined th:cugh a cbir.ge in colcur or I CWU!i' of :he ~tian (noia) m light tict af soot . • 1.2 ¥lklllla UlllfJlr: 1he diaper pmtectiDn 111ust be checked for dam.91 md llacts of oil spi.shes ('&Mbges) . .E,m the Sllllllat dimiqe en t."le vibration damper can !!Ave a grNt in!uence on ~.e fllnc!!on OJ ffffl lud to to'.al twl~Nl duorders. Ir. :.;.,, -nt of~ or le~ts the dlapa llAs to bt acl!in;ed immtdimly, atherwiff th~ mnJwi.ft m., break. 1.3 C....,. Rtar pump: Jfotll: In the ewat of water lealcllg !:om the chtek bore hole ~' !\o•ting :in; seAI is d~. Silllla drops per lftiilute can )e coluide:ed nonnaL In the ftfflt of m oil-iukage tJtt rotary shaft lip sul is deffflin. 'lhe checlt boa hol1 must not bt dosed! Oita wit!l I wire as foz frtt ~on . Om: 01.11 lndt.: ' . ., ' ' ' • I ) I • 0 32xl --.. • -.. \ ..... .... .,, • - .... INSPICIIONS: I 9002 0 .-11111.,um• Z. .... 1 D 11:f: hi ttps/Wltllr(tf ...... ): a.ct 1DII d .-plpel 11111 die cmlllldilln of the ahmt gu hat m:llanger u for pallllll dllt 11111 dim dim. if llfflllllJ, IO the caadaAla can drain oCf. - I· 0 lllfllt: • 32X • • • • ,.,.._. • - ORDINANCE NO SERIES OF 1999 BY AUTHORITY A BILL FOR .. - COUNCIL BILL NO . 77 ~r:~~C~L AN ORDINANCE AMENDING TITLE 16, CHAPTER 4 . WITH THE ADDITION OF A NEW SECTION 24, E~ITLED HISTORIC PRESERVATIO!\, TO THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS , there are certain buildings , structures or areas witlun the City of Englewood which are of histori ca l sig nifi ca nce to the City , State or Co untry : a nd WHEREAS, s uch buildings . structures or areas deserve s pecia l recog ruu on a s examples of the City's heritage : and WHEREAS, s uch buildings , stru ctures or areas frequently nee d costly repair or maintenance; and \VHEREAS , because ce rta in fund s req uire lu s t ori ca l designation m ord er to provide renovation grants ; creating a method to make such designation will help prese rve these significant historical structures a nd districts for future generations : NOW , THEREFORE , BE IT ORDAI:\'ED BY THE CITY COUNCIL OF THE CITY OF E~GLEWOOD, COLORADO . AS FOLLOWS : Sectjon I. The City Council of the Ci ty of Englewoo d , Co lorado here by amends Titl e 16 . Chapter 4, by with addition of a new Section 24. entitled Hi storic Preservation, of the Englewood Municipal Code 1985 , wluch s hall read as follows: 16-4-24: HISTORIC PRESERVATION : A. PURPOSE . THIS CHAPTER ESTABLISHES HISTORIC AREAS AND LANDMARKS FOR THE ED UCA TIONAL . CULTURAL AND ECONOMI C BENEFIT OF ENGLEWOOD CITIZENS . D UE TO VARIOUS PRESSURES THAT MAY RES ULT Ii THE DESTRUCTION . IMPAJRMENT . OR ALTERATION OF HISTORI C RESO URCES WHICH REFLECT ELEMENTS OF ENGLEWOOD'S CULT RAL A. D ARCHITECTURAL HERITAGE. IT WILL BE THE POLICY AND RESPO NS IBILITY OF THIS SECTION TO : 1. PRESERVE AND PROTECT BUILDl:\'GS . STRUCTURE. SITES AND AREAS THAT ARE REMINDERS OF PAST ERAS , EVENTS , AND PERSON(S) IMPORTANT IN LOCAL . STATE OR NATIONAL HISTORY ; WHICH PROVIDE SIGNIFICA.ll.lT EXAi\llPLES OF ARCHITECTURAL STYLES OF THE PAST ; ARE LANDMARKS IN THE HISTORY OF ARCHITECTURE ; WHICH ARE UNIQUE OR IRREPLI\CEABLE ASSETS TO THE CITY AND ITS NEIGHBORHOODS; WHICH PROVIDE FOR THIS AND FUTURE GENERATIONS EXAMPLES OF THE PHYSICAL SURROUNDINGS IN WHICH PAST GENERATIONS LIVED ; OR WHICH ARE ARCHEOLOGICALLY SIGNIFICA1 T. -I - • . , .... . J/4. f ) I • 0 ]- . -. • " ,,-· • ... .. • -... ... ' 2. DEVELOP AND MAINTAIN THE APPROPRIATE El\'vlRONMENT FOR SUCH BUILDINGS , STRUCTURES . SITES AJ\11) AREAS , REFLECT!. G VARIED ARCHITECTUR'\L STYLES AND DISTINGUISHED PHASES OF ENGLEWOOD 'S HISTORY . 3 . PROMOTE THE PUBLIC HEALTH. SAFETY . AND WELFARE BY ENCOUR.\GING THE PROTECTION A'.'JD PRESERVATION OF ARCHITECTUR.\LL Y S IGNIFI CANT OR HISTORIC STRUCTURES OR DISTRICTS . B. APPLICATION : ANY PROPERTY OWNER WISHING TO HAVE A BUILDING , STRUCTURE OR DISTRICT DESIG'.'JATED AS ARCHITECTCR.\LLY SIGNIFICANT OR HISTORIC STR 'CTL'RE OR DISTRICT SHALL FILE AN APPLICATIO I WITH THE PLA.'\:-.'l~G A'.'JD ZO'.'i!NG CO'.\!MISSIO N. 0. 1 A FORM APPROVED BY THE C0'.\1:\11 SSIO!\ A~l) S 'PPLIED BY THE CITY , CONTAINING THE FOLLOWl:-;:G l~FORMATIO 1: 1. THE NAME AND ADORE S OF THE OWNER OR APPLICA. T: 2. THE LEGAL DES CRIPTIO!\. STREET ADDRESS OR OTHER IDENTIF'll:-JG DES CRIPTION OF THE BUILDING , STR UCT URE OR DISTRICT ; 3. A PICTURE OF THE BL'ILDI:-JG OR STRUCTURE , IF THE APPLICATION IS FOR HISTORIC DESIGNATION OF A Bl.iILDING OR STRUCTURE ; 4. A MAP OF THE DISTRICT , IF THE APPLICATION IS FOR HISTORIC DESIGNATION OF A DISTRICT : 5. A STATEMENT Glvll'.\G THE AGE OF THE PROPOSED Bl.i lLDIN G OR STRUCTURE . OR THE GENERAL AGES OF BCILDI~GS OR STRUCTURES WITHIN A DISTRICT : 6. A BRIEF DESCRIPTION AS TO WHY THE APPLICANT CONSIDERS THE BUILDING , STR UC TURE . OR DISTRICT TO HAVE HISTORI CAL OR ARCHITECT UR'\L S IGNIFI CANCE : A:-JD 7. SUCH ADDITIO!\AL '.\L\TERIAL AS THE PLANNING A. D ZONI G COMMISSION MAY REQUEST OR THE APPLICANT MAY CONSIDER PERTINE i'T TO THE APPLICATION AND TO THE FINDINGS PREREQUISITE TO THE DESIGNATION . 8. PROOF THAT ALL PROPERTY OWNERS . WITHIN THE DISTRICT , HA VE BEEN NOTIFIED OF THE APPLICATION . C. PROCEDURES FOR DESIGNATING HISTORIC STRUCTURES , SITES AND DISTRICTS FOR PRESER\ATION . l. A NOMINATION FOR DESIGNATION AS AN HISTORIC STRUCTURE , SITE OR DISTRI CT MAY BE MADE BY THE PLANNING AND ZONING COMMISSION OR . CITIZEN FILING AN APPLICATION WITH THE PLANNING AND ZONING COMMISSION . THE FEE CHARGED SHALL -2- ' . . ' 0 I· 0 • • .. ,,... . • j•.i,, • - ' BE SUFFICIENT TO COVER THE COSTS OF P U BLICATION . NOTICE. RE CORDING COSTS . ADMINISTRATIVE COSTS. AND OTHER CHARGES INCUR RED IN THE COURSE OF PROCESSING THE APPLICATION. THE APPLICATION FEE SHALL BE ESTABLISHED AND THEREAFTER AMENDED BY RESOL UTI0:-.1 OF THE CITY COUNCIL. 2. Pl..A.J"INING AND ZONI:-.JG COl\l :\1ISSI ON REVlEW : ... a. THE PL.\NNING AND ZONl:-.JG COMM ISSION SHALL SCHEDULE A PUBLIC HEARING ON THE APPLICATION :-.JO MORE THAN THIRTY (3 0) DAYS AFTER THE SUBMISSION OF THE APPLICATION . b. THE PLANNING AND ZON!i G COMM ISSIO .' SHALL REVIEW THE APPLICATION FOR CON FOR.\.1AN CE WITH THE ESTABLISHED CRITERIA FOR DESIGNATION AND WITH THE P URPOSES OF THIS SECTION . c. COMMISSION SHALL RECOMMEND APPROVAL. MODIFICATION AND APPRO\"AL OR DISAPPROVAL OF THE APPLICATION. COMMISSIO!\ :'v1A Y RE C0'.\1l\lEND CONDITIONAL APPROVAL UPO N THE EXECCTION OF CERTAIN EASEMENTS , COVENANTS , OR LI CENSES . d . THE Fl:'.\AL DETERMINATIO!\ WILL BE MADE BY CITY COUNCIL. 3 . LIMITATION ON RES UBMISSIO N A:,,iD RE CONS IDERATION OF PROPOSED DESIGNATION : WHENEVER THE COMM ISSION DISAPPROVES A PROPOSED DESIGNATION. KO PERSON SHALL SUBMIT AN APPLICATION THAT IS THE SAME OR S UBSTA NTlALLY THE SAME FOR AT LEAST 0. "E (l ) YEAR FROl\l THE EFFECTIVE DATE OF THE FINAL ACTIO N ON THE DENIED APPLI CAT ION . D . CRITERIA: 1. ALL BUILDINGS. STRUCTURES OR DISTRI CTS : THE PLANKI:S:G AND ZONING COMMISSION SHALL US E THE FOLLOWING CRITERIA TO DETERMINE WHETHER A BUILDI NG , STRUCT U RE OR DISTRICT HAS ARCHITECTURAL OR HISTORI C SIGNIFICANCE : a . ONLY BUILDINGS OR STRUCTURES WHICH HAVE BEE;:..; I N EXISTENCE FOR AT LEAST FIFTY (50) YEARS . OR DISTRICTS IN WHICH THE MAJORITY OF STRUCTURES HA VE BEEN IN EXISTENCE FOR AT LEAST FIFTY(5 0 ) YEARS MAY BE DESIGNATED; IN ADDITION : SUCH B UILDING , STRUCTURE OR DISTRICT MUST ALSO MEET ONE OF THE FOLLOWING CRITERIA: i . A BUILDING. STRUCTURE OR A MAJORITY OF STRUCTURES WITHIN A DISTRICT WHICH HA VE SOME CONNECTION TO EVENTS OR PERSONS SIGNIFICANT TO THE HISTORY OF THE CITY OF ENGLEWOOD , ARAPAHOE -3- • ·. I· 0 • • • .. ,. • t • •. • -.. COUNTY . THE STATE OF COLORADO, OR THE UN ITED STATES : OR ii. A B IJ ILDING . STRUCTCRE OR A GROUP OF STRUCT ·RES WITHIN A DISTRI CT WHICH EMBODY DISTING UISHING CHARACTERISTICS OF AN ARC HITE CT URAL TYPE INHERENTLY VAL UABLE FOR A STUDY OF.-\ PERIOD, STYLE. METHOD OF CONSTRUC TION . OR OF INDIGENO US MATERIALS OR CRAFTSMANS HIP: OR iii. A BUILDING , STRUCT URE OR A GROUP OF STRUCTURES WITHIN A DISTRICT WHICH EXEMPLIFIES OR REFLE CTS THE BROAD CULTU RAL . POLITI CAL. E CONOMI C OR SOCIAL HISTORY OF THE CITY OF EKGLEWOOD , ARAPAHOE COUNTY . THE STATE OF CO LORADO , OR THE UNITED STATES ; OR iv . THOSE B ILDING S , STRCCTURES OR DISTRICTS WITH!:-.; THE CITY WHICH ARE LI STED IN THE NATIONAL REGISTER OF HISTORI C PLA CES SHALL BE CONST RU ED AS HA'vlNG LO CAL HISTORI C DESIGNATION . AND SUBJECT TO THE SAME PROVISIONS AS ANY LO CAL HISTORIC BUILDING , STRUCTURE OR DI S TRI CT. 2. DISTRICTS : THE PLANNING AND ZONIKG COMM ISSIO N SHALL USE THE FOLLOWING ADDITIONAL CRITERIA TO DETERMINE WHETHER A DISTRICT HAS ARCHITECTURAL OR HISTORI C SIGNIFICANCE: a . SIGNIFICANCE IS DETERMINED BY APPLYING THE CRITERIA OF SUBSECTION 1, OF THIS SECTION TO THE PATTERN(S ) AND UNI Fi1NG ELEMENT(S). b . NOMINATIONS WILL NOT BE APPROVED UNLESS THE APPLICATION CONTAINS WRITTEN APPROVAL FROM THE OWNERS OF AT LEAST TWO-THIRDS (2/3R 0 s) OF THE PROPERTIES WITHI N THE DISTRICT BO UN DARIES. c. PROPERTIES THAT DO NOT CON TRIB UTE TO THE SIGNIFI CANC E OF THE HISTORI C DISTRI CT MAY BE INCLUDED WITHIN THE BO UN DARIES SO LONG AS THE NONCONTRIBUTING ELEMENTS DO NOT NOTICEABLY DETRACT FROM THE DISTRI CT 'S SENSE OF TIME . PLACE AND HISTORICAL DEVELOPME NT . NONCONTRIB UTING ELEMENTS WILL BE EVALUA TED FOR THEIR MAGNITUDE OF IMPACT BY CONSIDERING THEIR SIZE , SCALE . DESIGN, LOCATIO N, AND/OR INFORMATION POTE NTIAL. d . DISTRICT BO UNDARIES WILL BE DEFINED BY VISUAL CHANGES , HISTORICAL DOC UMENTATION OF DIFFERENT ASSOCIATIONS OR PATTERNS OF DEVELOPMENT, OR EVIDENCE OF CHANGES IN SITE TYPE OR SITE DENSITY AS ESTABLISHED THROUGH TESTING OR S URVEY . -4- , . ., ',. I . 0 • • • .. -·--. • .. .. • -' ... e. WHEN DISTRI CTS ARE DESIG NATE D, APPLICABLE DESI GN GUIDELINES AND OTHER APPROPRI ATE RESTRI CTIONS MAY BE INCLUDED AS PART OF THE DESIGNATION . f. THE DISTRICT COULD BE EXE:VIPT FROM THE AGE STANDARD IF THE OTHER SIGNIFICANT CRITERIA ARE FO UND EXCEPTIONALLY IMPORTA NT . Sectjon 2. The Englewood City Council hereby a me nd s Title 16, Ch apter 8 , Section 1, of the Englewood Municipal Co de , 1985 , with the a dditio n of the foll owin g definitions, in alphabetical, order to the definitions as follows : 16-8-1: DEFINITIONS : B. DEFINITIONS: HISTORIC DISTRICT: HISTORIC BUILDING OR STRUC TURE A GEOGRA PHI CALLY DEFINABLE AREA THAT POSSES E A SIG:S:IFICA:S:T CO :S:CE:S:TRATlON . LI NKA GE OR CO :S:T l:S:t;ITY OF S ITE S . Bt;ILD l:S:GS . TRCCT "RES OR OBJECTS C'.',:ITED l3Y PAST EVE NTS OR AESTHETI ALLY BY PLAN OR PHYSICAL DEVELOP!\IENT . AB "ILDI NG O R STRt;CTCRE DESIG NA TED BY ITY Ot;N IL . THAT JS WORTHY OF REH..\BILITAT!O l'-:. RE TORATION AND PRESERVATI O '.',: BECAt;SE OF ITS Ct:LT U RAL . AR CHITE CTU RAL ANU /OR HISTORI CAL SJG'.',:"IFICANCE TO THE CITY . Section 3. Safety C)auses The City Council , here by finds . dete r m in es, a n d declares that this Ordinance is promulgated under the general police power of the City of Englewood , that it is promulgated for the health , safet y , a nd welfar e of the public, and that this Ordinance is necessary for the preservation of h ealth a nd sa fety and for the protection of public convenience a nd welfare . The Ci ty Co uncil further determines that the Ordinance bears a rational r ela tion to the proper legislative object sought to be obtained . Section 4. Seyerabj)jty If any clause, se ntence , pa r agraph, or part of this Ordinance or the application thereof to any perso n or circumstances s h a ll for a ny reason be adjudged by a court of competent jurisdic tion invalid, s uch judgment s h a ll not affect impair or invalidate the remainder of this Ordinance or its application t o other persons or circumstances. Section 5 Inconsjstent Ordjnances All other Ordinances or p ortions thereof inconsistent or conflicting with this Ordinance or any portion hereo f a r e her e by repealed to the extent of such inconsistency or conflict . -5- .. ~ .. I • 0 • • • ,. \, p.. .. • •• .. Section 6. Effect of repeal or modification The repeal or modification of a n y provision of the Code of the City of Englewood by this Ordinance shall n ot release, extinguish, alter, modify , or change in whole or in part any penalty . forfe iture. or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held a s still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, a nd prosecutions for the enforcement of the penalty , forfeiture , or liabilit y , a s we ll as fo r the purpose of sustaining any judgment, decree , or order which can or m ay be rendered , entered, or made in such actions. suits, procee dings, or prosecution s . Section 7. ~-The Penalty Provision ofE.M.C . Section 1-4-1 shall ap ply to each and every violation ofthis Ordinance . Introduced , read in full , and passed on firs t r eading on the 15th d ay of No,·e m be r , 1999. Publishe d a s a Bill for an Ordinance on the 19th d ay of November, 1999 . . '.\fayo r ATTEST : Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, here by ce r tify that the above and foregoing is a true cop y of a Bill for an Ordinance, introduce d . read in full , and pas se d on first reading on the 15th day of November, 1999. Loucrishia A. Ellis -6- ' . ., .. I • 0 3 • • .. ~ /' . • . •. • • .. .... COUNCIL COMMUNICATION DATE: November 15 , 1999 AGENDA ITEM SUBJECT: Histo ri c Preservati o n Ordinance 11 a i INITIATED BY: Neighborhood & Business STAFF SO URCE: Lauri Danne mill e r . Plan - Develo pment ning Analys t COUNCIL GOAL AND PREVIOUS COUNCIL ACTION : City Council directed s taff to research th e to pi c o f His toric Prese rva tio n fo Uo wing pu rc hase of the Sk erritt Ho use. RECOMMENDED ACTION: Schedule December 6, 1999, for Public Hearing o n th e Histo ri c Prese r vati o n Ordinance . an amendment to the Englewood Municipal C o de. Title 16. Chapter-+. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED: The City of Englewood has numerous structures and site s of hi s to rical si gnificanc e . no tably th e Ske rritt Ho use. the Englewood Depo t. and the G o thic Theatre. as well a~ the Arapah oe A..:re s residential area. These s tructures and s ites can hav e an impact up o n the Ci t y in any num be r o f ways. including the po te ntial to provide educatio na l o r to urist o pp o rtunities. provid e civic pride. and safeguard the c ultural heritage. The poss ibilit y o f los ing so me o f th ese structures o r s it es ex- ists unless steps are taken to ensure prese rva ti o n o f th e struc tures. and e liminate eco no mi c pres- s ure for red evelo pme nt. Traditio nall y, th e re med y has bee n e na c tme nt of Histo ri c Prese rvatio n o rdinances. Staff re searched historic preservati on effo rts. proc edures . a nd o rdinances in several o th er commu- nities, bo th within and o uts id e of Colorado. The Pl a nning a nd Z o ning Commis s io n has provided input o n this issue at a s tudy session. and at Public Hearin g . Staff has refined th e proposed Ordi- nance, which will create a metho d fo r vo luntary pro perty d esignati o n. The City Plannin g and Z o ning C o mmission will be the rec o mme nding bod y. with final approval by City C o un c il . The proposed ordinance was passed by the Planning a nd Zo ning C o mmi ss io n o n October 5, 1999 . • . , . .. . .. ) I • 0 - • • ------.. -~-----------------------~--~-------- • .. ., !',;, .. ·~ • •• FINANCIAL IMPACT: This ordinance does not have any financial impact. When a structure, site , or district , receives designation on a local. state. or national historic regis- ter, grant funding is available for preservation efforts , which may or may not require matching funds. Those funds may come from public or private sources. LIST Qf ATIACHMENJSi Bill for Ordinance Findings of Fact Staff Report -September 27 , 1999 Report to Planning Commission -July 7, 1999 ·,. . , . • . ' :, I • 0 32X r-J- 1 • • •· • ., .. • •• ... CITY OF ENGLEWOOD PLANNING AND ZO~"ING COMMISSION IN THE MATTER OF CASE #ORD-99-03 FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS RELATING TO AMENDMENT OF TITLE 16, CHAPTER ) 4 OF THE ENGLEWOOD MUNICIPAL CODE) BY ADDING A NEW SUB-SECTION 24, ) HISTORIC PRESERVATION DISTRICT ) ) INITIATED BY: ) DEPARTMENT OF NEIGHBORHOOD ) Ai~ BUSINESS DEVELOPMENT ) ) FIND~GS OF FACT AND CONCLUSIONS OF THE CITY PLAi~"NING Ai'fD ZO!',lNG COMMISSION Commission Members Present: Douglas. Hayduk. Lathram. Ransick. Rininger. Swck- well. Willi s . Welker Commission Members Absent: Weber This matter was heard before the City Planning and Zoning Commission on October 5. 1999, in the City Council Chambers of the Englewood City Hall. Testimony was received from staff. The Commission received notice of Public Hearing. and the Staff Repon , which were incorporated into and made a pan of the record of the Public Hearing. No public was present to testify on this issue. After considering the statements of the witnesses. and reviewing the peninent documents. the members of the City Planning and Zoning Commission made the following Findings and Con- clusions . 1. FINDINGS OF FACT THAT development of the Historic Preservation Ordinance was undenaken by staff at the direction of City Council following acquisition of the Skerritt House by the City of Englewood . 2 . THAT notice of the Public Hearing before the City Planning and Zoning Commission was given in the Englewood Herald on September 24, 1999 . ' ', ) I . 0 32><. - • • • .. • t•' ' •. • •• 3 . THAT there are structures and districts within the City of Englewood which are of historical significance. 4 . THAT to be eligible for grant money from the State Historical Fund to renovate his- torically significant properties. the structure or site must be designated on a local. state. or national historic register . 5. THAT the proposed ordinance, as wrinen. provides for voluntary property designation as a historical structure or site upon recommendation of the Planning Commission and approval of City Council. CONCLUSIONS 1. THAT proper notice of the Public Hearing was given by publication in the Englewood Herald on September 24, 1999 . 2. THAT there are historic sites and structures in the City of Englewood. and to be eligi- ble for grant funding to renovate these sites and structures. they must be listed on a lo- cal, state, or national historic register . DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that Title 16 . Chapter 4. of the Englewood Municipal Code should be amended by enacting a new Sub- section 24, Historic Preservation District. The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on October 5. 1999 , by Mr . Douglas. seconded by Mr. Rininger. which motion states : Douglas moved : Rininger seconded: The Planning Commission recommend to City Council that the Historic Preservation Ordinance be approved , as amended: 1. A definition of w Historic Building~ or w Historic Structure " be included. 2 . In wCriteria~ -districts, the phrase -written approval of at least 2/3 of the properties within the district boundaries -shall be in- serted, and the phrase -at least one hundred (100%) percent~ shall be eliminated . 2 ., • • l 0 I • 0 32X - • .. ".'"' ~. .. " ., .. • .. • ... 3 . In "Criteria" -section 1, replace "and" in Numbers 2, 3 , and 4 with the word "or~ at the end of requirement statements . The vote on the motion was called : AYES : NAYS : Lathram. Ransick , Rininger, Stockwell. Willis , Douglas , Hayduk. Welker None ABSTAIN : None ABSENT : Weber The motion carried . These Findings and Conclusions are effective as of the meeting on October 5 . 1999 . BY ORDER OF THE CITY PLAi~G & ZONING COMMISSION -I ( I j I . \ I _.._. I . \ . ' \ .. - Carl Welker, Chairman h:lgrouplboards\plancommlftndinss 1999\fof ord -99-03 -hpo .doc 3 .. .. I· 0 32X - • • • To: Thru : From : Date: Subject: • • ,. ,._•, . ~-· ......... .. . ;- • • Planning and Zoning Commission Bob Simpson, Director, NBD Lauri Dannemiller, Planning Analyst September 27 1999 Historic Preservation Ordinance Recommended Action .. .. .... Staff recommends that the Planning and Zoning Commission make a recommendation to the City Council to adopt the proposed amendment to the Englewood Municipal Code regarding Historic Preservation designation . Proposed Amendment See attached Historic Preservation Ordinance . Background City Council directed staff to research the topic of Historic Preservation, originally due to the acquisition of the Skerritt House. The Skerritt House has historical significance in the City of Englewood. In order to be eligible for grant dollars from the State Historical Fund, for the purpose of renovation, the propeny must be designated on a local, state or national historic register. Adoption of this local ordinance will create the method for voluntary propeny designation, with the Englewood Planning and Zoning Commission being the approving body . \\ENG CH\SYSIDEl'l\NBDIOROUPIBOARDSIPLANCOMM\Slaff'~ 1999\HillGrio Pre.va&ion Report lo Plamin1 CGlllll!iuioa.do< ' .. .. '• ' . ' . I .. • 0 • • .. • .. • - ' HISTORIC PRESERVATION ORDINANCE A. PURPOSE This Chapter provides a method to establish historic areas and landmarks for the educational. cultural and economic benefit of Englewood citizens . Due to various pressures that may re sult in the destruction. impairment . or alteration of historic resources which reflect elements o f Englewood's cultural and architectural heritage. it will be the policy and respon sibility ofthi section to : I . Preserve and protect buildings. structure. sites and areas that are reminders of pa ·t er:i. events. and person(s) important in local. state or national hi sto ry which pro\'ide sign ilic:mt examples o f architectural styles of the past o r are landmarks in the hi to r: of ar hne ·ture o r which are unique or irreplaceable as sets to the city and its neighbo rh oods : ,, hi h pro , iJe for thi s and future generations examples of the phy sica l surroundin gs in which pa ·t generat io n · lived. or which are archeologically significant 2. De ve lo p and maintain the appropriate en,·ironment for such building . structures. sit e · and areas. reflect ing varied architectural style s and distinguished phases of Eng lewoo d·· hi to r: 3 . Promote the public health. safe ty. and welfare b~ encouraging the protectio n and pre: ervati o n of architecturally significant or histo ric structure s or di strict s B. DEFINITIONS Historic District : A geographically definable area that possesses a significant conce ntrati o n. linkage or continuity of site s. buildings. structures or objects united by pa st e,·ent s or aes- thetically by plan or phy sical de\'elopment. C. APPLICATION Any property owner wishing to have the owner·s building. structure or district de signated as an architecturally sig nificant or historic structure or district shall file an application with the: Plan- ning and Zoning Commission. on a form approved by the Commi ss ion and supplied by the City. containing the following information: I . The name and address of the owner or applicant: 2 . The leg a l de scription. street address or other identifying description of the building. tructure or di strict : 3. A picture of the building or structure. if the application is fo r hi sto ric de signat io n o f a build- ing or structure: 4. A map of the district. if the application is for historic designati o n of a district: ' .. 5 . A statement giving the age of the proposed building or structure. or the general ages of buildings or structures within a district: 6 . A brief description as to why the applicant considers the building. structure or district to have historical or architectural significance : and 7. Such additional material as the Planning and Zoning Commission ma y request or the appli- cant may consider pertinent to the application and to the findings prerequi site to the designa- tion . • I • 0 • • .. -------------------~--------- • • • ... E. PROCEDURES FOR DESIGNATl~G HISTORIC STRliCTURES, SITES AND DIS- TRICTS FOR PRESERVATION . I. A nomination for designati o n listing a property on the City·s Historic Register may be made by the Planning and Zoning Commission. or by any citizen filing an application with the Planing and Z o ning Commission . The fee charged shall be sufficient to co\·er the costs of publication. no tice. rec o rd ing costs. administrative costs. and o ther charges incurred in the course of processi ng the application . The application fee shall be established and thereafter amended by resolution of the City Council. 2. Planning and Zoning C mmi sion Re\·iew : A. The Planning and Zoning Commi ssion s hall hold a public heari ng o n the designati nap- plication no more than thirt: (30) days after the s ubmission of the application . 8 . The Planning and Zoning Commission shall re\'iew the application for conformance \\ ith the established criteria for de ig nati on and with the purposes o f this sectio n . 3. Limitation on Re s ubmi sion and Rec onsiderat ion of Proposed De sig nat io n : Whenever Commission disappro\·es a proposed designation. not perso n shall submit an ap- plication that is the same or ·ub tantiall: the ame fo r at least one (I ) year from the effectiw date of the final action on the denied application . 4 . A final determinati o n of an hist o ric de s ignation ha ll be made b: Ci ty Counc il. and an o ffi- cial listing of all s uch de signa ted property shall be maintained by the (Ci ty Clerk) (C ity \tan- ager or de s ignee ). F. CRITERIA 1. All buildings. structures o r di strict s: The Planning and Zoning Commission shall use the following criteria to determine whether a building . structure o r di strict ha s architectural or historic significance : A. Only buildings or structures which have been in existence for at least fifty (50 ) years. o r di s - tricts in which the majority of structures ha\·e been in existence fo r at least fifty (50 ) years may be designated : and 8 . A building. structure or a majority of structures within a district may be desig nated if they have so me connection to events or persons significant to the hist ory of the City of Englewood. Arapahoe County. the State of Colorado. or the C nited States: and C. A building. structure or a group of structures within a district may be designated if they em- body distinguishing characteristics of an architectural type inherently va luable for a s tud y of a period. style. method of construction. or of indigenous material s or craftsmanship: and D . A building. structure or district which exemplifies or reflects the broad cultural. po litical. economic or social history of the City of Englewood. Arapahoe County. the State of Colo- rado . or the United States ma y be designated: and E. Those buildings , structures or districts within the city in the National Register of Historic Places. or the Colorado Register of Historic Places. as provided in the Nations Historic Pres- ervation Act of 1966 shall be construed as having local historic designation. and subjec t to the same provisions as any local historic building. structure or district. ' ' I • 0 ----------------------------------... ~---- • • •.• f .. .. . . • • .. 2. Districts: The Planning and Zoning Commission shall use the following additional criteria to determine whether a district has architectural or historic significance: l. Significance is determined by applying criteria to the pattem(s) and unifying element(s). 2 . Nominations will not be approved unless the application contains written approval from owners of at least one hundred ( 100) percent of the properties within the district boundaries. 3. Properties that do not contribute to the significance of the historic district may be include d within the boundaries as long as the noncontributing elements do not noticeabl y detract fro m the district's sense of time, place and historical development. Noncontributing elements will be evaluated for their magnitude of impact by considering their size. scale. design. location . and/or information potential. 4 . District boundaries will be defined by visual changes. historical documentation of different associations or patterns of development. or evidence of changes in site type or site dens it y as established through testing or survey. 5 . When districts are designated, applicable design guidelines and other appropriate restrictions may be included as part of the designation . 6. The district could be exempt from the age standard if the re so urce s are found exceptionally important in other significant criteria. h:\groupl boardslplancommlstaff ~cu 1999\historic preservation ordinance.doc '> . .. ''• . ' \ . I • 0 32x • • -• .. • • - ... MEMORANDUM TO: Englewood Planning and Zoning Commission THRU : FROM: Robert Simpson. Director, Neighborhood and Business Development d~Lauri Dannemiller. Planning Analyst NBD DATE: July 7. 1999 RE: H is to ric Prese rvatio n Ord inance Request Attached please find informati o n regarding the creat io n of an Hi s toric Pre ervation Ordinance in the City of Englewood . Staff will be available to discuss the draft during the Ju ly 7. 1999 study session. Staff reque st yo ur in pu t o n the matter. Background Within the City of Englewood. there exists a collection of structures and hou si n g dis tricts of exten sive hi s tori c significance . These structure s have a notable impact upon the city in a number of ways. including the po tential to provide educational or touri s t opportunities. providing civic pride in the city"s accompli hment and safeguarding the city's cultural heritage . However. certain structures ha ve the potential to be significantl y depreciated. or quite possibly forfeited, due to a variet y of circumstances . Fac tors influencing devaluation include inadequate maintenance efforts. insufficient funding for preservation , economic press ure to re -de velop at greater property value s , or improvements/alterations which significantly impact the hi storical value of the property . Traditionally . to remedy this situation, cities have enacted Hi storic Preservation Ordinances. (herein called HPO ), to provide relief to any number of the above mentioned factors. The benefit of implementing an HPO could be many . Through the Colorado Hi s to rical Society. grants may be available to properties or di s tricts , which are identified in a local government's survey of historic propertie s or to those cities who enact historic preservation ordinances. The Society sets standards for awards ranging from a state income tax credit to an actual non- matching grant gift. In addition , a mandated percentage of grant fund s are earmarked for cities which qualify for "Certified Local Government" designation -a so mewhat arduous process requiring an extensive inventory and standards review proce ss. While the sentiment for pre servation is commonly accepted as having an overall public benefit. the effect of any activity to alleviate further degradation or los s of value, may have s ignificant impacts on the city, property owner and public as a whole . Careful consideration should be given to these impacts to properl y evaluate the need for such an ordinance . • .. ) I • 0 • • • .. ~ --· • l·. .. ,. • -' ISSUES Issues addressed in this review will include: • Goals of the proposed ordinance -Why is an ordinance needed'> • Scope of ordinance -What will ordinance address? Will an ordinance require an initial survey of city , standards for designation or review standards? • Administration of ordinance and regulations -Will the administration/enforcement of the ordinance take place through the Planning and Zoning review process or a stand alone Historic Preservation Commission with recommendation to P&Z. and ultimately Council? • Costs associated with prop osed ordinance -Commission operation. review proces and inventories will all have some level of costs associated with each task. • Legal ramifications of historic designation -Will de s ignation be voluntary or will a specific percentage of property owners in specific neighborhood/regi o n be required for approval ? • Specific benefits of his to ric d istrict o r property desig11ati o11 -Can a carrot and s tick approach be used to entice property owners to pre serve va luable propertie '.' • Standards for properr;.• modifications -Will the review proce ss provide ex ten ·ive . moderate or limited s tandard s for the property and how c an the se standards be applied equitably? GOALS OF POTENTIAL ORDINANCE: Generally, the outcome of an Historic Preservation Ordinance is for the purpose of: • safeguarding the city 's historic. aesthetic , and cultural heritage by pre serving di s trict s of historical significance • promoting the educational. cultural and general welfare of the public through protection. enhancement and perpetuation of districts of historical or cultural significance in the city • maintaining and possibly improving property values by conservation of historic properties • fostering civic pride in the legacy of beauty and achievements of the past • gaining economic benefits from tourist and visitors • promoting the use of districts of historic and cultural s ignificance as s ites for education. pleas ure and welfare of the people of the city • encouraging private property owners to preserve s tructures through grant funding opportunities A review of the issue brings forth three critical areas for examination . Firstly , the potential ordinance·s components must be reviewed . Next. an analysis of possible options must be considered and lastly. a comparison of other local government 's current operating procedures relating to historic preservation will be studied . 2 .. .. ' ) I • 0 • • • .. ,,.-· • 1• ••• .. • - " COMPONENTS OF ORDINANCE This attachment reviews components which may be included in each Historic Preservation Ordinance and what purpose each component serves toward the objective of historic preservation. (See Attachment A). OPTIONS A number of alternatives are available to the City of Englewood if this matter is pursued . Options range from no action to the creation of an Historic Preservation Commission to becoming a Certified Local Government . All these options have obvious benefits and costs associated with each . (See Attachment B). OPTION l No Ordinance No ordinance is completed . OPTION fl Historic Presen•ation Ordinance with Planning Commission Rel'iew .. An Historic Preservation Ordinance is adopted in which the Planning Commissio n, upon permit application, will review properties and structures for adherence to the HPO OPTION Ill Historic Presen•ation Or,linance wit/i Historic Presen•ation Commission Review An HPO is adopted and council creates an Historic Preservation Committee. This committee reviews applications, proactivel y surveys the community for pot e ntial properties and recommends structures/districts for Historic Property designation . OPTION JV. Historic Preservation Ordinance wit/, Historic Presen•ation Commission Review anti Certified Local Government Designation The city will apply for CLG designation and implementation will be similar to Option 111. COMPARATIVE REVIEW In addition to an issue review, a comparative anal ys is of selected local government 's historic preservation ordinances will be provided for stud y. This information presents a number of alternatives for the level of regulation desired , specifics of standards and possible criteria for designation of properties. (See Attachment C). CONCLUSION The proposition of an Historic Preservation Ordinance is a complex one. The will of the public should determine the need or level of detail for the proposed ordinance. From an in vestigation of the subject matter, an y level of regulation is possible, conditioned on the goals of the community . 3 I • 0 ~.] I I • • .. ,, --• '• .. .. ', .. • -.. .... 0 Attachment A Components of an Historic Preservacion Ord.inanre Ji> PURPOSE -What is the stated purpose for creating th e o rdinan ce? The d ecree mu st ti e to a le g itimat e publi c purpose and ha ve the proper legal basis . Ji> POWERS AND AUTHORITY -Establishment of authority (s tatutoril y or other) and what powers are gra nt ed to what authority . Ji> CREATION OF COMMISSION/BOARD TO OVERSEE ACTIONS -Proc edura l ma il ers relating to e stabli s hm e nt of governing body (P&Z or commission). Statement of requireme nt s of memhcrship shou ld be included . Ji> CRITERIA FOR DESIGNATION OF PROPERTIES, STRUCTUlrnS OI~ AREAS -Factors which a re reviewed whe n considering district or landmark designation. Ji> PROCEDURE FOR NOMINATION AND DESIGNATION -C larifi cati on of whom may nominat e struc tures and the procedure for nomination. Location of prope rty o n a part of a s urvey or part of a hi stori c prese rvati o n compre he nsive plan . Ji> TYPES OF ACTION REVIEWED -Action s reviewed in th e process -designations, phys ic a l changes, ex te ri o r c han ges requiring permits, alterations, demolition and removal. Ji> CRITERIA APPLIED -Standards that are applied in general a nd specific terms . Ji> CONSIDERATION OF THE ECONOMIC EFFECT OF DESIGNATION -Designation may create an economic hard sh ip o n property owner if application is denied and process if this occurs. Ji> APPEALS -Role of Planning Commission, City Council or courts in dispute of action . 4 ., 0 )~ ",. .. . . OPTION I No Ordinance Scope Nol applicable Adminislralion Nol applicable • • Costs None • .. i, -· • .. • ' .. -.. ... ~ 0 AITACHMENT D Comparison or Options OPTION II OIYl'IQN Ill If PO wi1h P&Z Review 1-IPO w/1 li s loric Preserva1ion Commission Ordinance rc:quires review • Creal ion of HPO and process from Planning and 1-li sloric Preservalion Zoning for material changes Commi ssion to properties wilhin a • Commission c realc s designated district or inveniory of designated individually designaled properties and dis1ric1s properties . • Commission review s applications from designated properties for applicabilily to HPO • Commission recommends action 10 Planning and Zoning, which in lurn recommends lo Council. • Initially requires a survey Same as Opl ion II of properties or dislricls with historic significance within the cily . • Requires crealion of standards, staff and Planning and Zoning review . • Ongoing enforcement required of building department staff and penalty administration . • Ordinance creation • Historic Preservation • Initial survey or report of Commission Review historic designation • Planning & Zoning recommendation Review . ., . ~ . OflTION IV HPO w/1 li swric Preserva1 ion Commi ss ion and CLG • Ci1y app li es fur Ccnificd Local Government designation • lli sloric Prescrval io n Commission mu s! meet prnfes~io nal slandards • Commi ss io n reviews applications from within C i1y of Englewood for State and Federal llis1 oric Regi s ter designation • Remainder of scope is !h e same as Op1ion Ill • lnilially req uires ex ie n~ive survey of properties/dis1ric1s with hi s loric significance • Report mus! he approved by State Histori cal Sociely • Remainde r of administration is lhe s;une as Oplion Ill 0 • Application for Certified Local Govemmenl designation • Fom1al survey and renorl 5 Legal Not applicable Standards Not applicable • • • ..... "·~ •lj \ • • • • • • • • • .. • • •• ' Creation of s tandards Staff and Planning and Zoning review Enforcement costs Potential legal ques ti o n o n voluntary designation vs . percentage of district resident s . Standards must apply to the ques tion of "legi timat e state interest " City creates standards within 1-IPO which regulate material "c hanges in appearance of a building or site" Level of regulations should be applicable 10 oh_jective of preserv .uion of property . Changes may apply only to those whi c h are visible from th e public way or from adjacent properties , and for which a building, demolition, housing moving or other regulated pennit is required for compliance with applicable city codes. Changes may also address exterior features such as architectural style, general design, and arrangement of exterior of building. ., .. ', .. 0 • Ci ty Council Re view of hi s tori c dcsi1mat1P11 • Additional costs are same recommendations as Option II • Remainder of co,1, arc the.: same as Opt ion 111 Same as Option II Same as Option Ill Same as Option II • C han ges s ho uld addrcs , exterior features su c h a s architectural s tyl e, general design, arrangement of exterior of building, kine! and tex ture of building material, type and sty le of all windows, doors, li g ht fixtures, sig ns and ot her appurtenant fixtures . • Changes s houl d also address exterior features s uc h as architectural s tyl e, general design, and arrangement of exterior of building • Remainder of standards are the same as Option II 0 6 - Advantages/ • Disadvantages • • • • ---------·-----~~~-------,------------~~~~------c- • ....... ... {: • •• .. Properties/dis1ric1s nor • Properti es eligible for eligible for CHS grant Stale Historical Fund funding or lax credits for dollars planning, preservation or • Preservarion of hi storic restoration. properties and City risk s devaluation or aforementioned benefits loss of properties causing • Moderale start up, assessed valuations 10 moderate ongoing costs decrease. • Potentially politically Potential loss of sales lax volatile if designation is revenue nol totally voluntary hy property owners. .. ', 0 • Mmlerale srart-up cosl ; • increased ongoing cosrs • Remainder of advan1ages/disadvan1ages • are lh e same as Oplion II • • • ., ' Properties e ligibl e for .. S1a1e llis lorica l Fund non - mar c hin g gra nl s Propcrlics eligible for S1a1e In come Tax Crcdi l of 20 % of improvemenls over 5-year period . Abilily lo comme nl o n State and Nati o nal Register applications High st art -up costs; high ongoing costs Remainder of advantages/disadvantages are the same as Option Ill 7 0 32X p ' . -•. • .. ~. , . .. • .. -.. • .. ... 0 ATI'ACIIMENT C COMPARATIVE ANAL \'SIS OF CITIES HISTORIC PRESEIIVATION OIUllNANCES DURANGO,COLORADO LAKE CIT\', COLORAllO NORTIIGLENN, LIHERT\', I\IISSOUIU COLORAllO Purpose • Protection and • Fo~ter civic pride in the • Protection, pre se rvation • Promo te th e educa1ional , preservation of City's past and 10 educate and enhancement of cultural, economi c and historic and cultural citizens stmctures and districts of genera l welfare of 1h c heritage • Protect the unique c ultural , historical and puhli c throu g h 1h c • Enhancement of property character of the town architec tural s ignificance prolec tion , cn han cc mcrll , values and stabilization of • Protect architectural and • Economic dcvcloprncnl and perpc1ua1 io n of historic neighborhoods aesthetic heritage of the • Enhancement of property districts and hi~1ori c and • Increase of economic and town values cultural signifi ca nce financial benefits through • Strengthen the economy • Promotion of civic pride locat ed in the ci ty the city's attractions to • Draw a balance between • Promotio n of good urban • Safeguard 1he c ity's tourists and visitors desires of property owners design historic, aesthe1i c, and • Provision of educational and the preservation of the • Provi s ion of educational c ultural herita ge opportunities town's heritage , while oppo11L111ities 10 increase • Stahilize and improve avoiding the imposition of public appreciation of the property values hy an economic hardship City's unique heritage conservation of hist oric • Prevent the use of • Draw a balance hctween properties material s incomparihle private property rights and • Foster civic pride with the historic character public interest in • Prot ect and enhan ce the • of the district preserving he ritage and Ci ty 's attractions to histori cal character of Ci ty tourist s and visitors • Strengthen the economy Powers • Adopt criteria for review • Board of Tmstees appoints • Conduct s urveys of • Conduct ongoing s ur vey of historic resources and one member to serve as historic properties 10 identify histori ca lly aml or review of proposals 10 the Historic Preservation • Keep register of properties architecturally signifi cant alter, demolish, or move Review Officer • Hold Public hearings for properties designated resources • The Board reviews reviewing applications for • To recommend 10 P&Z • • Review resources applications aml the constmction, alteration, designation of properti es, 0 nominated for historic actions of the Building restoration, removal, or slmctures or districts district and recommend Inspector and Historic demolition of designated having special historic , council designate those Preservation Officer landmarks or properties community or resources by ordinance • Board promulgates • Review nominations for architectural value • Review and make guidelines and regulations designation • To assist land owners on 9 • ' . ~ /'. ., • .. .. ... .. • • • l - 0 decisions on any for the interpretation, • Advi~c owners of physical and financial application for alteration administration and designated propert y on aspects of preservation or removal of landmark enforcement of the phys ical and financial • To nominate landm arks to • Develop and assist in regulations aspects of preservation National lli s toric Regi~tcr public education programs • Assist in educational • To hold puhlic hearings, • Conduct surveys of effort s review applications and historic areas • Advise Coun c il on matters issue or deny ··Ce rtifi c at e , • Advise city council on of Historic Preservation of Appropriatenes " fnr matters of historic • Pursue financial assistance s uc h act ions preservation for preservation • To consider appli cations • To te s tify before hoards fo r "Economic llard,h1p" and commissions on an • To develop guidelines for matter effecting a the alteration , designated property constrnction, o r remo al of landmarks or property and structures within districts llistoric • Historic Preservation • Reviewed hy Building • I listori c Preservation • II istoric Prescrvat i,rn !'reservation Committee Reviews all Inspec tor, lli stori c Committ ee ( 7 111 e mhcrs) Commi ss ion refers a c t ion, Committee or actions Preservation Officer and revi ews all actions relating for designation to P&Z Review Board of Trustees to Hi s to ric Preservation Planning and Zoning • Possible to appoint an HP which refers to Coun ci l Commission when appropriate • Criteria for • Landmarks and districts • Promotes the purpose of • Value as part of the City's • Character, interest . nr Designation over 50 years of age must the ordinance culture o r heritage value as part of th e exemplify architectural, • The proposed work will • Site of significant local, development, heritage . or social or 1101 adversely materially state or national event cultural c haracteristics of geographic/environmental affect an existing • Identification with a the community character structure's historical s ignificant person • Its location as a site of • Designed by a nationally quality and value or on the • Distinguishing local event notori e ty recognized architect, style character of the district as characteristic of an • Identification with a 0 • representative of the a whole architectural style valuahle significant person geographic region or for the study of a period, • Embodiment of demonstrates or type, method or distinguishing exemplifies cultural, construction, or use of characteristic of pa11icular political, economic or indil!,enous materials architectural style valuahk 10 -• • Procedure for • Nomination • • Type of • Action Reviewed • • • • Criteria • Applied or • Standards l{eviewed • • ' , .. social heritage of the community Property would diminish the c haracter and sense of place in the community if destroyed Historic Preservation Commission or any citizen Commission tries to secure consent of board before proceeding with application If consent is not received, a public hearing is held on the prooosal Alterations to exterior of structure New additions Adjacent new construction Demolitions -Part or total Relocations Alterations will consider effect of change upon historical character of structure, compatihility of structure with surrounding s tructure and effect on continued use of the property Relocation s will consider if the structure can be rehabilitated at current site, if it can be removed without significant damage and if the new site is compatible with .. ,.,-. • • - • Board ha s designated a distri c t as the lli sto n c Pre servation Distric t • Any proposed cons truction , re pair, reconstruction or remodeling of structures within the District • Effect upon the histori c and architectural character of th e structure • Architectural s tyle , arrangement, texture and material used and their relationship to other structures • The effects of the work in creating, changing, destroying or otherwise affecting the exterior architectural features of the structure • The condition of existing • • • • • • ... " ' ' 0 Work of a mas ter huildi:r E le me nt s of design, detailing, materials or c raftsman s hip of archi tectural s ignificance or innovation No minations ma y he made h y a member of o mmi ssion, owner o r record, Ci ty Council or any other person Con se nt of owner, if poss ible but not required Any alteration , re storatio n, remova l or demolition of a designated structure must ohtain an "Alteration Certificate" from Historic Preservation Commission Not addressed in ordinance • • • • • • • • . ' for th e stud y of a pl'1 H1d ;---' type. meth od of c on,truc ti on , or 11,e of indigcno11, ma1 .:11al , S tru c tural! IIHIO \'a l I\ l' Report from l'1l',.:rva1 1on Commiss ion o n designation of ~tnt c ture or distri c l Recomme nd ati o n from Commission to Planning and Zonin g Applil'alions for hi s tori c de,1gnation Con,t ru c ti on, repair, re con,tru c ti o n , demolition or remodeling of struc tures with des ig nation Hei g ht , proportions nf windows and door,, roof. and landsc apin g compatihl e with architectural style Relation s hip of a st ructure to the open space hetween it and adjoining stru ct ures should he compatihle Facades should hlend in 0 with other strnctures anti compatihle with dominant horizontal or vertical expression of the surrounding stru c tures . II • ~ ,,-- • . -..• -~· ~ .. .. ~ ' • • ' . -' ' ~ 0 adjacent properties improvements and • Architectural details such • Demolitions will consider whether or not they are a as materials, colors and if the structure can be hazard to public health textures should be rehabilitated or reused on and safety compatible with site for any reasonable • Compliance with the surrounding structures beneficial use, the impacts Secretary of the Interior's to the character of the city Standards for Historic and will be negligible if Preservation Projects". moved Fi11al Decision • All actions of Commission • Not addressed • Applicant can apply for • Appeal within 30 days to arc final unless owner or '"Certificate of Economic City Clerk 50"/o of property owners Hardship" if cost of • Council has 60 days to appeal within 7 days of change is prohibitive reverse act ions decision . based on a number of • Appeals go to City factors Council, Public Hearing and Council Conclusion Fines and • Fines consistent with City • Up to $300, or a jai I • One year moratorium on • Not less that $50 nor more Penallies Code sentence of up to 90 days all building permits on than $500 • 1-S year moratorium on all property when work is building permits for done without permission subject property • S year moratorium on depending on violation permits when building is moved or demolished G :lllEPTINODIGROUP\llisloric Preservalion\Mcmo 10 P&Z Commission 7-6-99.doc '· • 0 12 - • ... ORDINANCE NO._ SERIES OF 1999 . .. . . • ,.,,,-·- • • - BY AUTHORITY A BILL FOR .. .. ' ... ' J/tl ii COUNCIL BILL NO. 72 INTRODUC~ MEl\lIBER ~' r-" AN ORDINANCE AMENDING TITLE 3. CHAPTER 6, SECTION i , SUBSECTION 7, OF THE ENGLEWOOD MUNICIPAL CODE 1985 , PERTAINING TO INCREASED BENEFITS FOR RETIRED MEMBERS AND BENEFICIARIES OF THE NON-F.MERGENCY EMPLOYEES RETIREMENT PLAN AND TRUST. WHEREAS, the City Council of the City of Englewood , Colorado passed Ordinance No . 40, Series of 1999, amending Title 3-6 of the Englewood Municipal Code and allowing a Deferred Retirement Option Plan (DROP) benefit for the participants of this Plan : and WHEREAS, the Englewood City Council reviewed the possibility of a retiree increase when Ordinance No . 40 , Serie s of 1999 was reviewed in Study Session on September 8, 1998 ; and WHEREAS. the adoption of this Ordinance will provide a three percent (3%) increase in retiree benefits on January 1, 2000 for the Non-Emergency Retirement Plan members and beneficiaries retired as of January 1, 1999 : and WHEREAS, retiree benefits for the Non -Emergency Retirement Plan have not been increased since January 1, 1996 ; and WHEREAS, the Englewood Non-Emergency Retirement Board recommended approval of a three percent (3%) increase in retiree benefits on January 1, 2000 for Non-Emergency Retirement Plan members and beneficiaries who have retired as of January 1, 1999 at the October 12 , 1999 meeting: NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO , AS FOLLOWS : Sectjon 1. The City Council of the City of Englewood , Colorado hereby authorizes amending Title 3, Chapter 6, Section 7, Subsection i , of the Englewood Municipal Code 1985, to provide a three percent (3%) increase in retiree benefits on January 1, 2000 for the Englewood Non-Emergency Employees Retirement Plan members and beneficiaries who have retired as of January 1, 1999, which shall read as follows : -l - ,, .. · . .. I • 0 - • • • Date November 15 , 1999 .. • --• '1;• ...... .. .. ;-. #, • -' COUNCIL COMMUNICATION Agenda Item 11 a ii ... ... ~ Subject A bill for an ordinance increasing City of Englewood NonEmergency Retirement Plan retirees benefits by three ercent 3%. Initiated By City of Englewood , Financial Services De artment Staff Source Frank Gryglewicz . Director COUNCL GOAL ANO PREVIOUS COUNCIL ACTION The City Council discussed the possibility of a retiree increase with the issue of adding the Deferred Retirement Option Plan (DROP) to the Plan at the September 8 , 1998 study session . RECOMMENDED ACTION ) The NonEmergency Retirement Plan Board recommends the City Council approve the attached bill for an ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This ordinance provides a three percent (3 %) increase in retiree benefits on January 1, 2000 for the NonEmergency Retirement Plan members and beneficiaries retired as of January 1, 1999. The Plan has not provided an increase in retiree benefits since January 1 , 1996. FINANCIAL IMPACT Based upon current assumption the cost will be approximately $17 ,500 per year. LIST OF ATIACHMENTS Proposed bill for an ordinance " . 'I. • ', ' .. I . 0 32X - • • r~. ; ... ....... , • •• ... 3-6-7-7 : INCREASED BENEFITS FOR RETIRED MEMBERS AND BENEFICIARIES: Effective July l , 1993, all members and beneficiaries whose payments commenced before January l, 1993, shall receive a five percent (5%) increase in their pension payments subject to future adjustment as determined by the Board. Effective January l , 1996, all members and beneficiaries whose payments commenced before July l , 1995, shall receive a three percent (3%) increase in their penaion payments subject to future adjustment as determined by the Board . EFFECTIVE JANUARY l , 2000, ALL MEMBERS Ai'ID BENEFICIARIES WHOSE PAYMENTS COMMENCED BEFORE JANUARY l. 1999. SHALL RECEIVE A THREE PERCENT (3%) INCREASE IN THEIR PENSION PAYMENTS SUBJECT TO FUTURE ADJUSTMENT AS DETERMINED BY THE BOARD . Introduced, read in full, and passed on first reading on the 15th day of November , 1999. Published as a Bill for an Ordinance on the 19th day of November, 1999. , 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 15th day of November, 1999 . Loucrishia A. Ellis -2- .. . ' · .. ) I • 0 32>< I - • • .. • .. .. · .... • . , .. .. COUNCL COMMUNICATION Date: Agenda Item Subject: November 15, 1999 Motion to Match Funds for an 11 Ci Arts Center Feasibilitv Studv Initiated By: Staff Source: Cultural Arts Commission Jerrell Black, Director of Parks and Recreation COUNCL GOAL AND PREVIOUS COUNCIL ACTION August 5, 1996 -Council approved, by motion, authorizing up to $25,000 for a feasibility study on a Cultural Arts Center. The City of Englewood would match dollar for dollar whatever money could be raised by the community to conduct the study. RECOMMENDED ACTION The Cultural Arts Commission recommends that City Council award by motion matching fund& of $2,500 for a buslne&s plan as part of the Cultural Arts Center feasibility study. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Cultural Arts Commission was charged by City Council to raise funds for an arts center feasi>ility study. The City Council agreed to match the amount raised by the Cultural Arts Commission. That amount was not to exceed $25 ,000. The Cultural Arts Commission has raised $2,500. The total amount of $5,000 will be used to develop a business plan as part of the feasibility study . Attached is a recommendation from the Cultural Arts Commission requesting the funding. RNANCIAL IMPACT The $2,500 is not included in the 1999 approved budget. A supplemental appropriations request will be submitted. LIST OF ATTACHMENTS Memorandums (1) ., · . .,, .. . .. I . 0 32xl I 1 j ..• ·· ...... ... 4 ••• • • -.. MEMORANDUM TO : FROM: DATE: RE : Gary Sears, City Manager Englewood City Council Cultural Arts Commission ~ Deborah A . Severa. Recording Secretary (JJ- October 25, 1999 Funding for Financial Plan for a Cultural/Performing Arts Center in Englewood ... A Special '.\tleeting of the Cultural Arts Commission was called on October :?O, 1999, to discuss a financial plan for a Cultural/Performing Arts Center in Englewood . After considerable discussion , a motion was made by Vice Chairperson Warner and seconded by Commission member Spangenberg that the Cultural Arts Commission request from City Council funding for the financial ponion of the business plan for the creation of a Cultural/Performing Arts Center in Englewood . Details would be worked out between Chairperson Wolosyn and Director Black. The motion passed unanimously. cc : Jerrell Black. Director of Parks and Recreation Gary Hultberg . Manager of Recreation Cultural Ans Commission members ld:Js J:'Cultural Ans (..:,mm1s s1ontCA C '90\f inan ciaJ Pl 311 Funding: Rc:co mmcn d3tio n doc -0,, Pnn ted o n s:;.cyc!ed Pape, . ..:.. ... :: • ~ . '. ~ .. • I ... ) I • 0 - • • • •· . .. . . • t .. • '._ -.. .. /{ti( RESOLUTION NO . CJ!)_ SERIES OF 1999 A RESOLUTION APPROPRIATING FUNDS FROM THE 1999 BUDGET . WHEREAS, the Englewood City Council approved the City of Englewood's 1999 Budget on October 19, 1998; and WHEREAS , the Englewood City Council has discussed the cultural climate in Englewood previously and had meetings with the Cultural Arts Commission; and WHEREAS , a supplemental appropriation is needed for funds to match the fund s r a ised by the Englewood Cultural Arts Commission for the purpose of a feasibility study on a Cultural Arts Center; and WHEREAS . the passage of this Resolution will appropriate the sum of $2 ,500 to match the funds raised by the Englewood Cultural Arts Commission ; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO , THAT : Sectjon 1. The City of Englewood 1999 Budget is hereby amended as follows: CONSERVATION TRUST FUND : Source ofFund1 : Unreserved/Undesignated Fund Balance $2 ,500 U@@ of Fund,· Cultural Arts Commission (Feasibility Study Match) $2 ,500 Sectjon 2. The City Manager and the Director of Financial Services are hereby authorized to make the above changes to the 1999 Budget of the City of Englewood . ADOPTED AND APPROVED this 15th day of November, 1999 . ATTEST : , Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No ._, Series of 1999. Loucrishia A . Ellis '· ' .. . ' ' .. I • 0 - • t • --------~-------------.. r------------------------------------- Date Novemer 15, 1999 lnlllllted By 1 .-' . ... ' • • COUNCILCOMMUMCATION 11 C ii .. ' .. SulJlect Resolution for a supplemental appropriation for the Cultural Arts Commission . Staff Source , Financial Services artment Frank G lewicz. Oiree1or COUNaL GOAL AND PREVIOUS COUNCIL ACTION City Council hu diacuaed the cultural climate in Engl-ood numerous times, and the Cultural Art Commission has met with Council periodically to discuss their efforts. The last meeting was held at a study session on October 1, 1999. AECOIIIIENDED ACTION City staff recommends Council approved the attached supplemental appropriation for funds to match the funds raised by the Cultural Arts Commission . The supplemental appropriation is for $2 ,500. The sources and u-of funds are: GENERAL FUND: ...,. af Fundfj Unr'!SerVecUUndesignated Fund Balance "" af Evmlli Cultural Arts Commission (Feasibility Study Match) $2 ,500 $2,500 The City of Engl~ is required by City Charter to ensure that expenditures do not exceed legally adopted aopropriations . The attached resolution appropriates funds to ensure that the City of Engl~ complies with legal restrictions governing local budgeting. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED No alternatives were identified. FINANCIAL IMPACT This action will reduce the General Fund's unreserved/undesignated fund balance by $2 ,500 . UST OF ATTACHMENTS Proposed resolution .. ) I • 0 32X I • • TO: FROM: DATE: SUBIECT: ... • . · .. · .. • •• Mayor Tom Bums \{2,_ Sue Bradshaw, Executive Assis~ November 15, 1999 NLC Conference .. ... The National League of Cities Conference is scheduled for November 30 through December 4 , 1999, in Los Angeles , California . Listed below are anticipated expenses while attending the conference . Registration Lodging Meals Airfare Total $455 .00 800.00 300.00 550.00 $2,105 .00 If you need additional information, please let me know . Thanks . r (, ; .r Prinled on Recycled P-.~ ., .. •, . ' . I . 0 32X • • • \V l:I LIZ, 'l :I II U .1:IZ AND ~l l \Y, l'.C . llllpt..·1,011 .11. 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W,·111,·1 , ~ lull,•, .111d M .1y, 11( :., 1n I Wt~. ~1.ul 14 .1.,. t.•1..luf ,UcJ 111 ( lf1ht, 1•,1rnt111,! ,1 I\ A . 1k·1,!11.·c lr,ttu d1t.· (.'.i,llt.·l.ot ' '" Wt1,,-.1t.·1 111 l'Ht-l .• 11111 .1 J.I ). 1111111 thl" U 111\'LT,II\' ,,t Alrc,11 m 11}/{l fll• w,1, aJ111111cJ 111 tht> l:1tlu1.-~, l\.11 m 19dl, ,t1\ll 1~ ~11\'t' m 1he A m t.'lh .. ,m , ( ·,,11>1,tt.Ji, .mJ (. \1u11t \' l\.11 A "'-"l lll,t11u11-. ,. -· • ., • - .. .. ' .. ... 0 ' . • ~ 1 :--, ( I \ "-l L __ A T T O R I: Y S A T L A \\' GREENWOOD EXE\ 'UTIVE l'ARK 6412 SOUTII Q UE IIEC . STHEFT ENGLEWOOD, COL\ )l\1\ I x l lil1 I I I (1()\) 77•/ ))(\) F1\X: 0 0 I) 77 •1 117 It, "n 0 - t • • • .. • --.. .... ~ Cyndie Watldnl 7 11 /22/99 01 :25 PM ••••••••••••••••••••••••••••••• To: ICity Council, Bob ~ of EnglewoodOCOE, Jerrell Black/City of EnglewoodOCOE, Sue llfldlhlwlCity of E11glewoodOCOE. Mike FllheftylCity of EnglewoodOCOE. Leigh Am Hoffhines/City of EtiglewooclOCOE. Pauletta PuncenlllilCity of Et iglewoodOCOE, Gary Sears/City of EnglewoodOCOE, ICity Clerk cc: Subject: Citizen Comment Cynthia Secor called me 1h11 morning to voice her comment for tonight's meeting. She was going to appear in penon but ii • and won't be able to make the meeting . She believes that we should continue to pramota Cultural Ana and encourage It in our convnunity as well as attracting business to the .... She la in aupport of the MUMUm of Outdoor Arta but thinks that they should offer reduced rat8I in the form of ICholarlhipa or IOffl9thinG Ilka that to our youth, seniors and others who might nNd flnanc:lal aid In order to pwtlcipata. If you ~ like to talk to her she will be back in her office lfW about 3 pm today. The number there ii: 303-777-3461. Thank you. • ,. .. .. • I ) I • 0 32X • • -• 1. 2 . 3 . 4 . .. ~ _.,... .. • .. • -... THE ENGLEWOOD CITY COUNCIL MONDAY . NOVEMBER 15, 1999 Call to order{?:~~ Invocation . /J,~ 7 :30 P.M. Pledge of Allegiance . ~ Roll Call. I?~ '" ... ~ 5 . Minutes . 1..-0 Minutes from the Regular City Council meeting of ~ovember 1. 19~. "1; b . Minutes from the Special City Council meeting of November 8 , 1999 . -0 . 6 . Sch~isitors. (Please limit your presentation to ten minutes .) 7 . Non-Scheduled Visitors . (Please limit your presentation to five minutes .) ff 8 . Communications , Proclamations , and Appointments . fj_ Proclamation honoring Ms . S irte • {~ Bishop Elementary School. b . c. d . Comments by~aj~!;ity _:~ /td/A, Mayor will a~~ad tR' of newly-elected City Council Members , who will then be sworn in by the Honorable Vince Atencio . Member of City Council are seated (in temporary spaces) and the Mayor asks the City Clerk to call the roll of the members of the City Council and the Mayor then declares whether a quorum is present. Mayor calls for nominations for Mayor and votes are taken . ,--nolll: It you have • dlublllty and nNd auxlllary aids or HrVlcea, please notify the City of Englewood (303-712-2405) at leut 48 hours In advance of when aervtcea are needed. Thank you . • ' I • 0 ·.]- • • I •• • .. . , • • •• ' .. .... Englewood City Council Agenda November 15, 1999 Page2 -~,1~ ttrr M:yor assumes ~J's~a~n~-ca~~ fo~~ns for Mayor Pro Tern and votes are taken . 'f).)J rJ XJ.-1) '?'"" Permanent seating assignments are given . A token of appreciation will be given to departing City Council Members Ale and Kells Waggoner. j. Brief Reception . 9 . Public Hearing. (None sc y ~?entflr~ t-/J.JJ_ ~ --&ffl, ?-o a . Approval of Ordinances on First Reading. b . i. COUNCIL BILL NO. 74 -Recommendation from the Ut ilities Department to adopt a bill for an ordinance approving Columb ine Sanitation District Supplement #4 . STAFF SOURCE: Stewart H . Fonda, Director of Utilities. ii . COUNCIL BILL NO . 75 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a Qu it Claim Deed from Arapahoe County for a F ire Hydrant on South Raritan . STAFF SOURCE: Stewart H . Fonda, DINCtor of Utllltles. iii. COUNCIL BILL NO. 73 -Recommendation from the Department of Safety Services to adopt a bill for an emergency ordinance amending Ordinance 64 , Series of 1994 pertaining to the Uniform Fire Code. STAFF SOURCE: Ben GrNM, Fire Marshal. iv . COUNCIL BILL NO . 71 -Recommendation from the Library Department to adopt a bill for an ordinance accepting a grant from the Colorado Historical Society for a Historical Structure Assessment of the Thomas Skerritt House . STAFF SOURCE: Hank Long, Director of Library Services . v. COUNCIL BILL NO. 76 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a City Ditch Encroachment at 3697 S . Grant Street in Englewood . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Approval of Ordinances on Second Reading . W!iLi. Council Bill No. 58, fixing the mill levy for 1999 to be collected in 2000 . tJ7JJI-~ Council Bill No . 59, adopting the Budget for the City of Englewood for the Fiscal Year 2000. • PINN nola: H you have a dlublllty and need auxiliary aids or urvlcea, please notify the City of Englewood (303-712-2405) at INat 48 hours In advance of when urvtc:a .. needed. Thank you . • ., I • 0 • • ~ -· • •' ·, .. • - ... Englewood City Council Agenda f,lovember 15, 1999 Page3 o-uJl-w_ iii . Council Bill No . 60, the Annual Appropriation Bill for the Fiscal Year 2000 . Council Bill No . 61, amending Ordinance 53 , Series of 1999, regarding Paving District 38 Special Assessment Bonds . O?JJ-66 iv. r5lifta V. 01J}I-{;ff_ vi . Council Bill No . 65, approving supplement #145 to the Southgate Sanitation District Connector's Agreement. Council Bill No. 66, approving a supplement to the agreement to provide a portion of Cherry Hills Village with water service for the purpose of including the Viking Drive Water Line . vii. Council Bill No . 67 , approving the lease/purchase of the Computer Aided Dispatch and Records Management Systems (CAD/RMS) Systems Equipment for the City . u1il--1tiL_viii. iK . Council Bill No . 68. authorizing the Contract Amendment #1 to the Intergovernmental Agreement with the Colorado Department of Transportation for construction of Broadway widening and medians . Council Bill No . 69. approving an Intergovernmental Agreement with the Regional Transportation District regarding environmental assessment at the General Iron Works property . c . Resolutions and Motions . i. Recommendation from the Library Department to adopt a resolution authorizing the Library to implement its annual "Food for Fines" program for 1999. STAFF SOURCE: Hank Long, Director of Library Services. ii. Recommendation from the Utilities Department to approve , by motion , the purchase of a TV van for inspection of the san itary and stonm sewer systems. Staff recommends awarding the bid to the low bidder. Williams Equipment Company , in the amount of $33 .995 .00 . STAFF SOURCE: Stewart H. Fonda, Director of Utilltles. iii. Recommendation from the Littleton/Englewood Wastewater Supervisory Committee to approve , by motion , a maintenance contract for Jenbacher Engine Generators . STAFF SOURCE: Stewart H. Fonda, Director of Utilities . 11 . Regular Agenda. a. Approval of Ordinances on First Reading . PINN nole: • you haw a cllublllly and need auxiliary aids or , N notify the City of Englewood (303-712-2405) at ..... 41 hours In advance of when Nl'Vk:N .. needed. Thank you . • . ., ' .. I • 0 • • ,. • • • Englewood City Council Agenda November 15, 1999 Page4 b . C. COUNCIL BILL NO . 72 -Recommendation from the Department of Financial~ Services to adopt a bill for an ordinance increasing the City of Englewood's N - Emergency Retirement Pia~ retir~es ' benefits by three percent _9.%). STAFF SOURCE: '"'8 .. k cs,,t/dt'f}!1J/J' O'!_~c/',t,~ .J J... I ., Appro~Ordinances on Second Read ing . /~ Resolutions and Motions. ~ i Recommendation from the Cultural Arts Commission to approve a motion t Ii AOA f) ;._o match funds for an Arts Center Feasibility Stu,i~ ~T 1'~7~~UR~E: Jerrel ""f"r,. Black, Director of Parks and Recreation. /§ ~ ~1ti. ltfrf){} Recommendation from the Department of Financial Services to adopt a resolution approving a supplemental appropriation for the Cultural Arts Commission to match funds for an Arts Center Feasibility Study . S~f! 4-I A SOURCE: FMrt~, ~mt:_'h1a11cial 9e; ;Ices. t,'/j~~V 12 . General Discussion . a . Mayor's Choice . i. Announcement of a Special City Council meeting to be held on November 22 . 1999 at 7 :00 p .m . 13. b . Council Members' Ch°ir,J fl.~ - City Manager's Report . a. CityCenter Englewood Update -Recommendation lo go into Executive Session following the re!lllar C!'}' Council menl~n!l lO ,disc~ RJal stale Matters • Tenant Selection . '(' { 2U)./'IJ;v ~ / ~ 14. City Attorney's Report . £: ;o·.:i-o The following minutes were Ira lsa:liJ!!~~~~~~.baltwtl18A.Q:talt,e1~r,.11 ;999!9r ;and November 10,1999: ;a.-." • Englewood Urt>an Renewal Authority meeting of March 3 , 1999 • Englewood Cultural Arts Commission meeting of October 6, 1999 • Englewood Liquor Licensing Authority meeting of October 6 , 1999 • Englewood Planning and Zoning Commission meeting of October 1 9, 1999 • Englewood Cultural Arts Commission meetin g of October 20, 1999 PINN note: If you ha,,. a dlublllty and need auxiliary alda or Nl'Vlc:H, pleue notify the City of Englewood (303-712-2405) at least 48 hours in advance of when NrVicH .. needed. Thank you . • 'I I • 0 • • • ·• ,. ---. - /WLzr~~ :z ~il·~ 12 ).~~~ 'f /w_wt_~.· n r; • I· 0 ·• .,-:: . I• - ft;. ff' f/.()1>(~ r~)~ uJ~ • • I· 0 .. l,-• • .. ,. G t ' - ) • • I . 0 -. • • • -. ~-· (!) @ -.. ,.,-· . • - I· 0 • . ,. . - • I· I