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Home My WebLink About1999-12-20 (Regular) Meeting Agenda- •' . ,. ., • • •• .. .. • December 20, 1999 Regular City Council Meeting .I .. ' .. 0 0 ,. ·•\ "· . ' . I • 0 - • • l I t· • •• REGULAR CITY COUNCIL MEETING DECEMBER 20, 1999 . . ORDINANCES # )B',~ -n, -µr;y. Y,81, 82, 83, 84 RESOLUTIONS # 7106, 107, 108, 109, 110, 111, 112 .\ .. ... • • ., ,. .. '', . ' \ . . .. 0 • 0 I • 0 32X J- • • l , Call•°'*" --• t-.:,. ... _ ....... • -- ENGLEWOOD CITY COUNCIL ENGUWOOD,AMPABOI: COUNTY, COLORADO Deer hr a, I,,, ,\ .. ... 5a The rcpllr ..... t6dle ~ City C-=il -called ID order by Mayor Bums ll 7 :30 p.DL Mayor S... llid, ·-"6,-..., kmw, Ellie~ a-II away tbil weckeDIL He aid he wGllld 11111 ID ..... I I e t6Ellie. --Zi -w lliaed by die EagPewood Police DepaatW • Mly 4, 1965 • •-.Y level cleat~• a llalting aalaay of $333,00 a mo.it. Jack Clalby -61 OW t6Palice ad Sim Dial w tbe City Maapr. OYer the next 34 ~ years Ellie -W fDr two Oil6 t6Palice, oae imaim Cllief lild two Sardy Seavia:I Dim:lon. She worked very llanl _. _,........, Secnlary, dim~ to the palitioD t6Depaatmeat Specialist. the Chief's ElleCIIIM Secnlary, Slie--.ied fDr 40 )'CIIII IO lier lallPJad Lany ad they niled two IOIIS, Michael ad PaaL Elie ad lllr ...._, liwd iD EqPewaod dlroupout lbcir-.aiqe. Ellie wu w:ry lmo.-1 a 1a hie ad llillalf mlled • lier wt, SIie w allo a talented aatist. Furthermore sbe was a help IO c:ililJw ad fellow eaployw alilre lild I pod friend to many. SIie will be gready missed." Mayor Banll 8*al fDr I -f'6lilmce for Ellie Zimmcnmn. 2 .......... The UMICllioa -pa by COUIICil Member Nabllalz. 3. The Pledp rl Allegiaacc -led by Boy Scoal Tnlop 92 . 4 . ...Call l'niaeall: Caucil Mmallea'I NallPlolz, Gnzulia, Giana. Bradlbaw, Wololyn, Y--*,e... Allaealt: Nae Aquoaumwu..-. s ....... AIIO praent: City MulF' Sem City Aaomey a,.,._ City an Ellil Diaa:lor Oryglewicz. Finacial Semca ~ City Maapr Pllllclty (a) COUNCIL IIDOEll allADSIIAW MOVED, AND IT WAS SECONDED, TO APPROVE TIii: MIN1J'nS o, TIii: 111:GULAll CITY COUNCIL MHTING or Dl:CDIBl:R 6, .,,,. Ayes : Caaacil Mcmben Giana. Baadlaw, Wololyn, Yurdlic:k, Grazulis, Bums • '· . ., .. .. I· 0 32 I • • • ~CkyC-U hi: r tr JI, 1"' ... 2 Nays : Ablwn: Motion c:anicd. ,. '•· _,,-. .\ • • • .. None Council Member Nabbolz (a) Bill Padcawcbcr, Scout Maller of Boy Scout Troop 92, said be lives at 3771 South HUl'Oll Street. He llaled die ._ be is here is that in the pat Ibey have UICd O:otcnnial Pait Lake for their -,c ttainiDg. 'Ibey do a hip acMllbn lrip nay year 111d Ibey train their new scouts at the lake. 1n RIUl'II, be IIMIDd. they pick up the lnlh mondlly. 111ey 1u,cp it can anc1 picked up, be said. Mayor Bums aed, if Ibey are ,oing to ClOIIWIUC to be allowed to UIC the lake, if Ibey need a motion. City AIIOfDey 8--advilml das if Council 10 delires Ibey will bring the agreement back to Council at the next meedllg. Council ladic:aaed das -.Id be okay. Mayor Bllrlll advilml Mr. Jin••,-das Council would be happy to renew that agreement and he tbaaked bim for bis IIIVice. Mr. Plldc-,-.._... c-:il ad ... it ii bani to find a place that doesn't charge them to use the water. He llllilld a lot of lala will DIil allow diem oa the water unlea Ibey .-y a fee, 111 it works out good fortban. 7. N•1d11C I CV..... B. C1a I I ,,._, PIPS ,,._ .. Af,1:.1 f 21 (a) A :.er ha Todd Allat illdicaiDg bis lllipalioa from die Englewood Code Enf'on:emeal AdYilllry Coaelllec w COlllidered. COUNCIL D .... NdBOLZMOVSD,AND IT WAS SECONDED, TO ACCEPT WITH REGUT nm USIGNA110N OP TODD Al.UN PROM nm ENGUWOOD CODE ENFORCEMENT ADVISORY COMMJTmL Motion carried. Ayes : Council Membcn Nabllolz, Gam:tt, Bradshaw, Wolosyn, Yurdlick, Gluulis, Bunts Nays : None Mayor Bunts, oa bebalf' of Council, 1bmbd Todd Alica and noted be did yeoman's wort and was on that committee for quite -time. (b) Mayor Bums noted that the l'CIUlla of the Keep Ellglewood Beautiful Holiday Lighting EWllt -,oing to be ___ ,., J. L. Bamel, of the Keep EDpwood Bcautiflal Commillior, mod Mayor Bums to will with the prelCIIUlioN Mayor Burm llllilld das we Saw a ,arty Holiday Ugbwta E~ ...--S by the Keep EDpwood ec.ifttl O!nvnieeioa Hid dis ii die 119' A-r Holiday Upsiag E~ for Eapwood. He DOied we I . 0 l • • . -.~-;) • r ~ , ~ 1 i ~_. 1 111 1·1 11 11 l f" ~ 1,~ @ s ~ • ... 1 ~ ! i " l I r f 1lil r i~ 11 r rr,11 11 !.r =1 u JI ,! r I 1· r I .. -i I if Jp I ,,-1 in II 'l ~I iq t It I ·1 l: ( tilJ If !if 1J!1~1 lJfl I li t'i i 'r, r' I I• Jr Ill> -1 I 1• f . f . f : iJ~I (i (i! I [ :rr i~ · 1 . i ~ ,1,~ ii 'J .1 r i i i i i I iilj I! i•; 1nruil l~ fiHfil 1 1 ! 9 I I J 1 ~ ri·1M ~' !ii 1M· (iii 1 1i111i1 ~ f~ 1 · § i Jf'i i rll 1~!11JJ I i~!fi 1! f I ir 1·J > s I l ~I=~ l l l 1!. fr ii g llji iii I fl i f [ ! f I t ! i 11 I i1.f , J · 1 t Ji! al' r 1 ! ' J~f qosf f & § !;::ii !cS ir B. 1: ~ii ii I i I ~ a ~~ ~ & g f .. Bi i • • 0 I . I ..., ~ , .,. I • ,' . ,,. J \ • • ' - , , . ' • • -. Ella:tew-11 City C...U Dec1r•u2il,l"9 .... j ..... , ,, ,-. • • - .. ,\ ,. .. ... COUNCO. MEMBER GAIUlETr MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 11 (II) (I), (II). (ii), (iv), (Y) ud (vi) ON SECOND READING. (i) ORDINANCE NO . 75, SERIES OF 1999 (COUNCIL BILL NO . 77, INTRODUCED BY COUNCIL MEMBER NABHOLZ) AN ORDINANCE AMENDING 'JTll.E 16, CHAPTER 4, Wflll nm ADDmON OF A NEW SEC110N 24, E1'nTJ1.ED IDSTORIC PRESERVATION, TO nm ENGLEWOOD MUNICIPAL CODE 1915. (ii) ORDINANCE NO. 76, SERIES OF 1999 (COUNCIL BILL NO . 78, INTRODUCED BY COUNCIL MEMBER GARRETI) AN ORDINANCE Al11110RIZING AN INl1!RGOVERNMENTAL AGREEMENT ENTTil..ED "FIRST AMENDED INIBGOVERNMENI'AL AGREEMENI' FOR nm ESTABLISHMENT OF AN EMERGENCY COMMUNICATIONS SERVICE AU11fORflY" BETWEEN BENNE'IT FIRE PR011!CTION DISilUCT, TOWN OF BOW MAR, BYERS FIRE PROl1!CTION DISTRICT, SOUTii METRO FIRE RESCUE, CITY OF OU!RRY HIU.S VILLAGE, COLUMBINE VALLEY, CUNNINGHAM FIRE PROTECTION DIS11UCT, TOWN OF DEER TRAIL, DEER TRAIL FIRE PROTECTION DISTRICT, CITY OF FOXFIElD, CITY OF GLENDALE. CITY OF GREENWOOD VILLAGE, CITY OF UI"l1El'ON, LITl1El'ON FIRE PROJ'ECTION DIS11UCT, PARKER FIRE PROl1!CTION DISTRICT, RATILESNAKE FIRE PROTECTION DISTRICT, SABLE-AL 11JRA FIRE PROTECTION DISTRICT, CITY OF SHl!RIDAN, SKYLINE FIRE PROTECTION DISTRICT, STRASBURG FIRE PROraCTION DIS11UCT, UNl11ID FIRE DISPATCH AIJ11fORITY AND nm CITY OF ENGLEWOOD, COLORADO PERTAINING TO 11fE ARAPAHOE COUNTY E-911 EMERGENCY TELEPHONE SERVICE A1Jl1IORITY . {iii) ORDINANCE NO. 77, SERIES OF 1999 (COUNCIL BILL NO . 79, INTRODUCED BY COUNCIL MEMBER GARRETI) AN ORDINANCE Al1l1IORIZING AN INl1!RGOVERNMENTAL AGREEMENT BETWEEN nm CITY OF ENGLEWOOD AND 1111! COLORADO DEPAR'lMENT OF TRANSPORTATION ccoon FOR nm ABANDONMENT OF SOUIH BROADWAY BY 11fE STATE FROM U.S . HIGHWAY 285 SOUTII TO nm CITY OF ENGLEWOOD'S SOl1l1I CITY LIMIT. (iv) ORDINANCE NO. 71, SERIES OF 1999 (COUNCIL BILL NO . 80, INTRODUCED BY COUNCIL MEMBER GARRETI) AN ORDINANCE APPROVING nm CONTRACT BE'IWEEN nm CITY OF ENGLEWOOD , COLORADO AND EN~WOOD LIONS CLUB FOR MAINTENANCE OF nm ENGLEWOOD LIONS CLUB MINIATURE TilAIN. (v) ORDINANCE NO. 79, SERIES OF 1999 (COUNCIL BILL NO . 81 , INTRODUCED BY COUNCIL MEMBER GARRETI) AN ORDINANCE Al11110RIZING nm ACCEPTANCE OF AV ALE GRANT FROM nm VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF nm 18ra JUDICIAL DISTRICT . (vi) ORDINANCE NO . 80, SERIES OF 1999 (COUNCIL BILL NO. 82. INTRODUCED BY COUNCIL MEMBER GARRETI) • ' .. I· 0 • • l.a&leweod City Caudl Deceaber 20, .,,, Paae5 ·• .,.-·· • • - AN ORDINANCE MODIFYING 1Tll.E 3, CHAP1'ERS IN, SECTIONS 8 AND 10; CHAPTER 2. CHAPTERS 3, 4, AND S, OF nm ENGLEWOOD MUNICIPAL CODE 198S, RELATED TO CHARTER MODIFICATIONS CONCERNING 1HE CARP.ER SERVICE BOARD . Ayes : Council Memben Nabbolz, Gama, Bradshaw, Wolosyn, Yurdlic:k, Gnzulil, Bums Nays: None Motion carried. (C) Relolulioaa 111d Moliolll MAYOR aURNS IIDIOV&D AGIENDA rrDI 11 (c:) (I) PROM THE CONSENT AGENDA. Mayor Burm explaiaed dat be Wlllted to pull it, jull briefly, to ~ a little explamlion, for the public and press 111d our new -.berl or Council, on whit mpplemental IIJPIOPriatiom arc all about. (i) A recommcndllioo from the Deplrtmcm of Financial Services to adopt a n:llllulioa approving a mppltmi,ul appropriation for year<Dd 1999 to comply with City of Englewood Cbar1cr rcquiremmta -COlllidcftd Director Gryglcwicz advilcd that no City funds can be expended without Council approval and what will happen often times during the year, for one ralOD or anotbel', 111mething out of the ordinary will come up . Lib in the C11C or the lltOnley fees for the EURA lawluit, that WU DOI budgelcd. Then al the aid of the year if the City bal apeat more wc will do a a,pplcnaul to dear all thoe up. Mr. Gryglc:wicz noted that we do them pcriodicaUy dnugb the year• Mil. '111C1c ae the funds that were over, for one: rc:uon or anotba', or there were filadl budpted in cme year and ti-they were DOI budgelcd in the following year, becaUlc they weren't known al the lime die buqet clocumm w pa toptber. This just allows us to a,mply with the City Cbartcr. Director Glyglcwicz llked if lbere were any quatioal repnling apecific: items in the resolution. Mayor Buru commented that the Omter requires tbat we do DOI exceed legally adopted appropriations without the supplcmaUJ . Director Gryglewicz llid that is true 111d all funds that arc expended arc clone by Council action, they can't be expended wilboul Council approval . Either by ordinanc:c:. or by resolution in the CIIC or I supplemental . Council Member Bllldlbaw llked if, mm with this mpplemental appropriation, our City is in good fiscal lhlpe. Mr. Gryglewicz llid wc are IOMlll. We -in p,d lhlpe. Council Member Bllldlbaw llid lbe jult tbim it ii ClOllfllling --people ICC that all of a sudden WC arc approprialing clole IO I millioo clollarL Director Gryglcwicz llked if lbe WU talking about the COP . Ms . Bl'llllbaw aid ya. Mr. Gryglcwicz advued that dllt -DOI known al the lime the budget WU put toptber, but it W DOI a IUl'prile. The n:llllulioa W aaipcd I number 111d read by title: RESOLtmON NO. IOS, SERIES OF 1999 A RESOLtmON FOR A SUPPLEMENTAL APPROPRIATION FOR nm 1999 BUDGET OF 11ffi CflY OF ENGLEWOOD, COLORADO. COUNCO. MIEMKR allADSIIAW MOVED, AND IT WAS SIECONDED, TO APPROVE AGIENDA rrDI 11 (c:) (I)-USOLUUON NO. 105. • ' ' • I I· 0 • • • Ea&lewood City c-u December 21, 1999 ... , ,,. . - ·• Ayes: Cowx:il Members Nabbolz, Garrett, Bradshaw, Wolosyn, Yurchick, Glazulis, Bums Nays : Nooe Motion carried. II . RqalarA.-,. (a) Approval oC Ordinances on Finl Reading There were DO items submitted for approval oo first reading. (b) Approval o(Ordinances OD Second Reading There were DO additional items submitted for approval oo second reading. (Sec Agenda Item IO -Consent Agenda.) ( c) Resolutions and Motioos There were DO additional reaolutioos or mocioos submitted for approval. (Sec Agenda Item 10 -Consent Agenda.) 12 . GeMrll ....... (a) Mayor's Cboicie (i) Mayor Bums noted tbal we bad a~ excellent 10Ur oCthe Foley 's building last lbunday and you c:u really begin to ICC the building come topdler, all oC the componelll pans. He opined lhll when we move in this -die public is going 10 w a radler spectacular new City Hall and we are~ excited about wi.. we are wing CMr there . (ii) Mayor Bums lllled tbal ._ WOllk RID adopted a fare llrUClUre for the Southwest Corridor Lipa Rail, which included• Cxprell flue. He said be and Council Member Wolosyn attended the DRCOG Board Mcding oo Wednclday Di.._ Mayor Bums IIOCCd that there are several cities around the Qllllllby, including Dallas, BaltimoR and Sl Louis, 11111 do not have a problem with an express fare, that do not have a nue 6 problem with dilcriminalioo. Mayor Burm said be asked one of the RID staffers if the reuon for that wu that they do not have cxprea fares OD their bus lines and her answer was yes . So, be said, RID backed tbcmlelwl in10 a CIOl'IICI' by hiving an express roule on the bus lines, which they then bad 10 dupliclle oo the light mil or be subject to cluqes of discrimination . However, he was assured that they are going dlrougb a c:omplde review oC their !ale IIJUctUre at RID and he suggested thal the public migbl be wil1iDg 10 accept the fact that they may raix the !ale a little bit, but make it unifonn so you don't have this problem. So they are going 10 COlllider thll But intlccd, be said, the reason why they were 90n of boilted OD their own petard wu becaulc they Id up this litualion with their different !o1ruCturc on their bus line . Thal is why they were a little lelly about all oC that during the process . (ill) Mayor Bums said be IIIClldcd die Wala and Sewer Board and the Keep Englewood Bcauliful CllrillDm dimal ... WOllk, which were~ enjoyable . (iv) Mayor Bums adYiled Ibey met wida the LialclOn City Council Friday at the Wutcwater Trealmall ..._ and Ibey recopi1llltl _. a clolc WOlking relalionsbip we have with Litdcton . He IIOCCd tbal. o( c:ounc. M have • joint vmlUre CID dial facility. but there are Dall)' other things, especially the light rail procc11. where we really 1WOIUd ~ well with Littldon and conlinuc 10 do so . I . • • -. Eaatewood City Coudl December 28, 1999 Pqe7 '. ,, • • - .. ., (v) Mayor Bums said be wanted to comment apin on the passing of Ellie Zimmerman. He lllaled she -just ID cxcmplmy employee of this City for a long, long time and he wanted to give our co-i4r>lencel to la family and to the Safety Services Dcputmcot. to Chris Olson . He said be was sure this -quite a llbock to the Dcpertmeol to have IOIDCODC of tbal long standing suddenly leave 111. She was a rml c:ndit to the Englewood ltd. be aid, and be CX1CDded our sympathies. (b) Council Member's Cboicc (i) Couacil Member Olma aid be Wllllad to COIIIIIICDI OD the single fare . He noted tbal by having it the way they arc lllUClUftld -. the pamg ilRC • Oxford is somewhat mitigated. He comm t 1 dial his coacera • always been tbal, if people llall parking IU'OUlld the Recreation Center, in tbll acig:llbo, llood, we may bavc to So to m permitting pruccss, like Mile High. So if they can only dme down the ... a liaJe bit aad -a liaJe bit ol money , it may help eocouragc people not to park tbcR. Mayor Bums said ironic:ally dial may be true, siocc they do iodClcd, provide no parking . (ii) Council Member Bradshaw: L She COIIIIIIClllOd tbal it -iotcreltillg walChiog that unfold at Rm. 2. She lllicl she would like to publicly thank John Loa for getting the letter of intent from Famous f(ICJ(weU . She lllicl, tongue in cheek, tbll she -IOIIY be was not bc:rc tonight, because this may be the only time in bis life be pu this from la. Ms . Bndlbaw staled that was something she specifically asked for aad she~ tbat very much . l. She wilbcd everyone very lulppy aad healthy holidays . Ms. Bradshaw said she is really looking forward to ID exciting year 2000 in Englewood. (iii) Council Member Onzulis: I . She wilbcd everyone a lulppy boliday. Be llfe and well, she said. 2. She said she bas a YOIIIII COllllitueDS in la District, to whom she is rclalt:d, but she did not ask for this list, it is her Cluillnm lilt to die City Couocil, she said. Ms . Grazulis said she would read it and pass it IU'OUlld becaUlc she fdt it -.-aad from die heart. There arc two things on the list, she said. One is Ma four-way IIGp lip • my ICllool aad paaibly at all of the 1ebools. Nlllllbcr two, to capture all of the prairie clop lhll may llave to be IIIIMld from Englewood comtructioo projects. 1bcsc things will make a bcaltby dift'creoce in ourCIDmBNlllity. Sincerdy, Kinlin Grazu1is, age II . P.S . Please tJy to make my dreams come true." (a) City Ma-,cr Scan advilCld tbll the COllllrUctioo was eoing well and things seem to be OD Inlet. ~ MlaF' Kam 1111 providod ioformalioo to Council, and over the next couple of weeks you should be --. die dock oo die pning ltnlCIIIR pul into place. The caissons arc done, and allo the ~ for die bridle -to die lipt iail an: claae, be lllicl, 111d that wort lhould start in the next week or IO. Aa you look II die projcc:t. you cu -tbll they arc reinforcing the wall behind Chuck E . 0-'s. The connaor 111d a lialc bit ol C1011CC111 about the wall tbat Rm pu1 ..,, but, after a walk- tbrougb llll MClk, they fell il -ol a lllUC:lllrll quality to wbc:rc it aJUld stay tbcrc. Tomonow, 11 the llafl' IIIOdiq. we will be lookiq II die ... from TIUlllldl Crow II a prdimilmy lcvd, be advilCld . They have pu1 dlole toplllcr aad tbcy aeem to be moving ahead cm dllt He advilCld tbll Council should look forwud to a middle ol 1....,. ......,. aipt wbcrc we will be llllving all lhll. We an: allo womog ' . I • 0 • • • Ea&lewood City c-il Deceaber 20, 1999 Pqel ',' • .,-· G 0 - .. ... with RTD on the mainlcnance center and the environmental analysis that may be coming as early as January 3n1 _ So there is a lot of work on all of those coming forth and it will be a very busy couple of months afta-the first of the year, he said. (b) City Manager Sears advised that Assistant City Manager Flaherty put together a memo on the Civic Center projcc:l He said he bad asked Mr. Flabeny to talk about this, and that he would also like to set up the Study Session of January 10111 as an opportunity to talk about the additional space that we have on the Civic Cent« site . He m:ogniud that Council Member Wolosyn would be out of to'l\n on the 3n1 _ He asked Mr. F1abcrty to explain the memo. Assistant City Manager F1abcrty 5lattid that he had met twice in the last several days with representatives of the MUlelllll of Outdoor Ans. He met. ini1ially, a week ago with Cynthia Madden Leitner and the architect from the mUlelllll, 11 well II Rick Kahan. Dave Henderson and Ron Miller, and two architects from David Tryba 's office . He advised that MOA i1 very interalcd in moving forward as quickly as possible. Mr. F1abcrty explained that they intend to be open when we open our building in early June , because they want to begin their IUIIIIIICf clasl IChcdule al the regular time, which is basically the first full week of June, so they are wading to IIIO\'e forward. They bad an initial design that we bad seen, but not fully reviewed. he continued. that accommodatcd their uaes in about 7 ,SOO square feet of space. Three things have changed since then.. The first. he aid, is that David Taylor will not be occupying the other half of that cultural space on the leCOlld floor . As pan ofthal, they bad initially planned to share one studio space with David Taylor . he said. Without David Taylor, they are DOW saying that they still need that studio space and they would very much like to look al expanding their space to accommodate that usage. The second thing that has changed or become more known to MOA, he said, is that our Public Works staff, as well as our contractor, need to Clllblisb very firmly, right DOW, where the plumbing fixtures will be placed for the additional rauooms noceaary for the clefflopment of the cultural side of the facility . Right DOW, the resuooms that are planned 111d under aJllltnlCtion accommodalc one half of that second Ooor that is the Council Chambers 111d c:ourtl, he said. For the addilioaal side to be built out. for whalever use, we have some code illUCI that we need to addrca with number of l'eslrOOIIIS based on the usage , as well as handicapped aooeaibility. Mr . F1abcrty said that, in the initial plan that MOA bad drawn, their restrooms would not accommodate handicappod individuals 111d they bad hoped that the ~ restrooms that we were building would ~modlle that, bul, per aide, that would not work . Each of our restrooms has to be hlndiaippod accelliblc . The Olher ~ witb the re11n>om1, he COlllinucd. is that David Taylor. with his IIUdio WIC, bad planned to have a CftlliDg ._ 111d relb'Oolll CXJlllbinalion in his portion of the building that would acne his dlDce ltudenu Ollly . Bec:aae David Taylor is not becoming a pan of this project, thole restroom needs will have to be ~modaled. Public Worts Im alted that MOA accommodate thole needs in the core of the building, 1-ic:ally to minimiz.e COIIIUUclion i11UC1 and delays . Mr. Flaherty said the third thing that came to light that MOA -DOI awan: of, apiarmtly, is that the City Attorney has an aa:ess from the stain that go from the tbird floor to the IIICOlld floor to aa:ess the c:ouns . For some reason, and Mr. F1abcrty wa DOI sure why, MOA clocl DOI MIil the City Attorney in their space . They had DOI planDed on that aa:ess in their origillll daign. llld that, t.ically, COits them about 600 square feet of space that is DO longer Ullllble to them. The O\'Ullll lajUCII that MOA ... right DOW. he said. is to increase their space allocation from approximllcly 7,SOO squwe feet to approximllcly 9,400 square feet . The largest portion of that cxpllllion is the additional studio space that they wish to build out, he said. They are prepared to move forward with a plan that the City will have final approval of, and they arc prepared to fully fund the full space that they would be builcliDg. They are DOI Biking for additional appropriations or any addilioaal rm benefits from the City, but they belim: that they can fully utiliu that space and build it out al their ao1e CXJICIIIC. 'lbll would lca\'C a IIIIICC raaaiaiag. he explained, for potential uses or users of about 4,0001Q111rC feet, IO it is a nice li1.e apace that rcmaiDI availlblc, but it is DOI the 7,500 square feet David Taylor initially bad planned for bis Ille. Rodney LoaliJle ubd that Mr. Flaherty present this informalion to City Council, he said. They are Ullcrelled in moving forward with their design and Mr. Lootine baically walUd to take the tcmpenlUl'c of City Council this cmiing to see what their ICICl.ion would be . Clearly, this is IOIDClbing that we will lDC final plans on, he said, and the benefit of this opponunity, he felt, WU that MOA would build out the space and do ii without additional cost to the City . • I • • • • EaalewNIII City C-8 Deueller JO, 1"' ... , ,. .,.. . • .. • - Mayor Bums aid Ms . Leitner hid told bim ... Mell tlal tbey bad plamed to lhare IODIC space with David Taylor~. 10 they -aclUllly plllllliDg OD -Ullble lplOe dan 7,500 lqllU'C feet . Mr. Flaherty said yea, 11111 is ICICUl1IC . The oombiNCion of r.:ton, die lddilioaal lplOe for reslrooms. the space that they could not use beawle ofdle City Allomey'1 acceu, and die lplOe lhll they bad planned to utiliu with David Taylor, really is about 1,900 lqllll'C feet clill'ermce from die original plan, but that did not take into c:omidentioo what they 'MR going to me with David Taylor. Mr. Lontine also said today that they would be amemble to sblring of ocrtain facilitiel in their lplOe with Olhr:r mers on that Ooor, he advised . For example. and clearty 1WC are DOt FiJ11 to baYe a dlllcc UIC. bul if tbere is mi opponwlity for another use on that floor tbat could Ulilize 11111 IIUdio 11111 tbey -ping to mare with David Taylor, they would be amenable to 11111. • well • poleDlial lbariJlg of a conference room. 'Ibey want to wort with us and are willing to spend die dollan to build out die lplOe, be aid, and 1WC will llill have a reasonable amount of space left. You wouldn't MIil to ,et much llllallcr dal tbll for any Olhr:r use , he opined. but that does aa:ommodale a number of polClllial 111111 for 11111 lplOe on die aecond floor. Council Member Wolosyn said, if they were having 7,500 and David Taylor was having 7,500, that is l 5,000, but 9,400 and 4,000 is 13 ,400. Mr. Flaherty said the mnaining space is the common space , including ralJOOIIIS and die corridor that goes from the arium to the glBI wall on the side of the building. The intent, altbougb they will be encroacbing OD that corridor, wiU be to use a design that sliU allows light to pus tluoup from die outlide all the way tluoup the corridor. Council Member Wolosyn asked if those numbcn wen: always factored into the plans. Mr. Flaherty said they were, and essentially, the space thal David Taylor hid and 11111 MOA bad, c:onsidered that each of them would be taking half of thal corridor space for their wailing -for lllldalll and parenlS and the like . MOA plans to use that space as a gallery lplOe • well, be added. Ma. Wololyn uked ifMOA's 7,500 does not go inlo the corridor. Mr . Flaherty aid DO, il does D0t. Council Member a...... llid die only comment she hid was that she really did not like surprises like this. SIie llid that she ...,... tbat time is an iauc and shc unden1ands design and things like that. but shc does DOt like jull paiDg dlClc 111C11101 • they walk in and then having to make a decision. Mr . Flaherty llid be -DOt -they were uking Council to make a decision. He said that Mr. LoMine said today 11111. ifeo-:il does DOt feel comfor1ablc: with tbil, they will pull it back. far. they can. Mr. LomiDc is CIIIICCIIICd about the lplOe they were planning to sban: with David Taylor, Mr . Flaherty advised. but if die IClllpel'llllft of Council -such that it was not approprille. or if they nccdcd -information OD ii. and clelrly. • lllillilnum. Council would 1-1 a footprial of 'Whal this looks like on paper, he said . Council Member a...... llid shc was not going to kill die mcucngcr, but her concern was that this was the lint time lbc bad bead that not all die 15,000 aquarc feet was usable, so that wa a surprise to her. It -allO the lint time lbc hid 1-d about the ltairway, ID there is a lot of new information wrapped around die M-of Outdoor Arts lplOe, IO * llid * was trying not to react to the MUICUDI of Outdoor Arla, bul jlllt react to die fact tbal there ii a lot of information that bas apparmtly been discussed that lbc did DOI "-' about. 1'llll. lbc lllid. -where she was coming from. She said that she was sony David Taylor ii DOt Filll to be there. beawle shc felt that would baYe i-n a good use . Ms. Bradshaw said lbc felt tbal addiDg anocbcr 1,900 aquarc feet wa a lot, and tbll was her gut reaction. It is a quarter again of 'Whal they already baYe. Mr. Flaherty said nearly. Ms . Bradshaw commenlcd that that was a lot of space . Mayor Bums uked bow muc:ta lplOe they wen: planaiDg to a-c with David Taylor. Mr. Flaherty said about 1,200 lqlal'C feel Mayor Bura llid that ii IIIOll of that lddilional lplOe anyway . He said he got the impRllioa from IICJlb oflMle -tbll they wuted lDllft dal 7,500 lqllll'C feet. Clearly, David Taylor, at the 1m Sludy Salion, -ddill*d ID baYe m opponunity to maybe baYe twice that much, because he ICClllcd to really !-1 IDllft lplOe, and they wen: planning OD a joint uac to make up some of that. Mayor Bums llid be did DOt tbillk MOA kDew about the ltairwell anyway. Mr. Flaherty said they indicaled that they were not aware of it, and be felt we, pedllpl. did not provide them with that information, although it was OD die Tryba plan, and 1WC-ckpmdi• OD Trybe'1 offia: to make sure they got the corm:t .. I· • • • Ellpewood City Condi Decealler 21, 1"9 P•IO , --. • • - .. .. .. informalion. T'be Olber lbing about MOA, Mr. Flabaty said, is that Mayor Bums' stalcment that they wen: bodl lookiDg for -IPICC ii, iD fact, true . MOA bas about 10,000 square feet in their current location. and dlll, be felt, -cloae IO wbal their original request was from Council . Wbcn they had the opponunity 10 wOlt wilh David Taylor, they were then willing 10 back off of that 10,000 square feet, putially because they were Filll IO be llliDa -iplCC jointly with David Taylor, be explained. Mayor Bumi said be felt then: --gi\'e and take here. He said be was not rcally opposed to this at Ibis point, but then: -• few thiDp that Council did not know, and be understood that Council Member Baadllllw aed if die City would pay for the finish on the restrooms. Mr. Flabaty said M would pm1iciplle with MOA. They would pay for one tbinl of the common area finish. Ms . Bradshaw said Ihm wc will be picting up two think Mr. Flabaty said ualas there was a second tenanl Ms . Bndllaaw aed if then: -a llCIClllld -out then:. Mr. Flabaty said be had not identified one, and his ..--that then: were thole who were inlerelted, including City clepu1mcnls that may have an interest in dial-. Council Member Gamu recalled that Mr . Flabaty said they would take the additional space without an y additional CIOll 10 the City. By taking addiliooal 11*1C, the raliol c:bangc, ID by definition they should pick up mon: than a tbinl of the CIOII of the baduooma . He med if dial was being conteq,lated. Mr. Flaherty said we have not clilc:uSlod that with lbcm. Elmltially, at this point iD time, their contract states that they will pay for one third, not 10 cxc:ccd one third, of that CIOII. but we do need 10 make a contract amendment if wc allow them additioaal WIC. That is IOlllething that we c:ould ccnainly negotiate. Mr. Garrdt said we have 10 rcalac that our IUblidy for the CAM c:bqes will allO go up proponiooally . Depending on how Ibis comes out. and bow it is c:onfigun,d, M need 10 have 4,000 ICluaR feet that is usable for 10mc other 1-1, be said. Allo, Mr. Gama said, lhe ~USM n..-co that IIUdio and that conlcrcnc:e room would be very important 10 bim, ID lhat Ibey arc DOI p;ng nay IPICC and, other tban thoee kinds of proleCtions, be c:ould ICC bow they c:ouJd go forwud. Mayor Bumi agn,ed. If the ratio Im c:llaapl, lben their CXllllribulion ouglll 10 change , he said. Mr. F1ahcr1y said ya, it will c.ounc:il Member Yurc:bidt said they 11111-n,covay formulas for if they did not nm the term of their agrecmcal. He med iftbey wen: going IO include tbele builckJUl COltS in that formula. Mr. Flahaty said they bid not RlqUClted lhat II this poinl. 111d WC have not offcred . Mayor Bumi med if they j1lll wanted a ClllllelllUI this evening 10 proceed with this. City Manager Scars said be was not really intcrated in a motion. We would like 10 negotillc 10111C of the points. he said, and then bring this back 10 the Council IO they c:ouJd IICblally take a look at it. 'J"be only fQI bind, he felt, was the plumbing. wbic:h is where we arc at in the project rigltl mw . What wc would n:ally like, he said, is a feeling that at least Council is inlaated unda-catain tenm dial maybe wc could move ahead, and if that is the belt we can give 10 them and that is the coo¥M11, wc will take that back and sec if we can work tluougb the terms with them. Mr. Scan aid be rcally appnic:iatcd the fccdbac:k from Council and both he and lllaff apprcc:iate working with them. We have bid a lot of sua:ascs this year and wc arc n:ally looking forward 10 next year, too, be said, adding that he felt it would be a good year. (c:) City Managa-Scan said the lllaffwas vcry saddeoed with Ellie Zimmerman's passing, and flap will be at balf-mul Ibis week. Many of the employees will be attending her funeral and WC will let Counc:il ~ about lhlt It ii llllt a good My 10 end the year, and yet OD the other hand WC arc all excited about the potCltlial ofwbat is going 10 blppm IICXl year. He wished everyone a happy holiday . 14 . City Atteney'1 ~ • .. I· 0 .]- • • Saat1 awl City <=-a Dtc I er a, I"' l'aaell "'' .. 7,. l ... "'.··-- • .. • --.. ... .. Ciay ADIIIDey Brue-did wot line Ill)' llllltel'I to bring before Council. He wisbed ewiyone a hippy llalidly . ' . .. . ... .. . ., ' • I . 0 32X •· --. \ ... • ,. -.. ' • -.. , . ~ . • • I • 0 32X • • • ,, ~' :: . • ~ ,,-- • ... • • ... AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY . DECEMBER 20, 1999 7 :30 P.M. 1. Call to order . r/: !tJ ~ 2. Invocation . /)J};J ~ 3 . Pledge of Allegiance . .\ .. ... ... a . Boy Scout Troop 92 will present the colors and lead the pledge of allegiance . rJ fV>JAhr 4. Roll Call. ' / r ....,..,,_,...,.. 5. Minutes . tllJ~ ?-/ ,...a. Mim~es from the Regular City Council meeting of December 6 , 1999 . II (ft,~,J :J)Al!,H(U..) 6. Scheduled Visitors . (Please limit your presentation to ten minutes .) a. Bill Rademacher, from Boy Scout Troop 92, will be present to request the use of Centennial Park Lake for canoe training . 7 . Non-Scheduled Visitors. (Please limit your presentation to five minutes .) ~ 8 . Communications, Proclamations, and Appointments . 1[Z-P-r., ,. JI Ju dl~f-Letter from Todd Allen indicating his ~signa ·on from the Englewood Code ~IA.I;, -7)-Enforcement Advisory Committee . / ;, b. The results of the Keep Englewood Beautiful Holiday Lighting Event will be announced . 9. Public Hearing. (None scheduled) ~ " PINN nolll: If you have a claablllty and need auxiliary aids or sarvtces, pleasa notify the City of Englewood (303-712·2405) at luat 48 houn In advance of when services are nHClecl. Thank you. • . • I I • 0 • • -------------------, .... ,-------------------------------.. " --,I • .. " . • --' ... Englewood City Council Agenda Dec:enlber20, 1999 Page2 10 , Consent Agenda, a. Approval of Ordinances on First Reading . fr' IJ(fd?-fJ.h!NuJ't-~~)~~!Re,0gfr / i / /!/1 iv V a,,,.J_(I/ o?Jitg Council Bill No. ~fa"m:dfn~he City's ~ist6ric ~reservatiorl Ordinance . ~*~ ~1il?1 Council Bill l.lJo . 78, approving an amended Intergovernmental Agreement with the Arapahoe County E-911 Authority. Council Bill No. 79, approving an Intergovernmental Agreement with the Colorado Department of Transportation for South Broadway Abandonment. Nl/'t;f Md19 Council Bill No. 80, approving an agreement with the Englewood Lions Club for maintenance of the Englewood Lions Club's Miniature Train . Council Bill No. 81 , approving a contract with the Victim Assistance and Law Enforcement (VALE) Board for grant funding . C. Council Bill No. 82 , amending sections of Title 3 of the Englewood Municipal Code referring to the Career Service Board . Resolutions and Motions. /Jµ,#/()5 -Di. d.fPd'l Recommendation from the Department of Financial Services to adopt a resolution approving a supplemental appropriation for year-end 1999 to comply with City of Englewood Charter requirements . STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. ~ 11 . Regular Agenda . a. b . C. App"$ of Ordinances on First Reading. Approval of Ordinances on Second Reading . ff Resolutions and Motions. g 12. General Discussion . a. Mayor's Choice . b. Council Members' Choice . PINN note: If you have a dlaablllty and IINd auxHlary aids or HrVlcu, please notify the City of Englewood (303-762·2405) at least 48 hours In advance of when NrVlces are needed. Thank you. ., ,, 0 I· 0 - ~nglewood City Council Agenda December 20, 1999 Page3 13. City Manager's Report. a . CityCenter Englewood Update . 14. City Attorney's Report . • --¥ • • •• .. ' ... .\ / • ' ' The following minutes were transmitted to City Council between December 3 and December 16, 1999: • Englewood Planning and Zoning Commission meeting of November 16 , 1999 • Englewood Public Library Board meeting of November 9 , 1999 ....._ nola: I you._. a dlaablllly and nNCI auxlllary aids or WYlcN. pleaN nollly the City of Englewood (m-712-2405) al INet 41 houra In advance of wtWI NrvlcN .. IINCled. Thank you. • ' . -. ,. \ ... . ' ,I ,, 't I . 0 X • • • .I • .. , • -.. ... ENGLEWOOD CTl'Y COUNCO. ENGUWOOD,AllAPABOE COUNTY, COLORADO I . Call te Onler Tbc rqullr mediDg aftbc Englewood City Council was cilled to order by Mayor Bums at 7:38 p.m. 2. laYeClldla 3. l'Waetl Al II ntt Tbc Pledge af Allegiance was led by Mayor Bums. 4 . llollCall Council Members Gnzulis, Gama. Bradsbaw, Wolosyn, Yurdlick, Bums Council Member Nabbolz S. Miafa (a) and (b) COUNCO. MIMBU BllADSBAW MOVED, AND IT WAS SECONDED, TO APPROVE TD MINUTES 01' 'IU UGULAll CTl'Y COUNCO. MEETING OF NOVEMBER 15, 1"' AND TD SPECIAL CTl'Y COUNCO. MJ:rnNG OF NOVEMBER 22 , 19'9 • Ayes : Nays : Ableat: Tbc motiaD carried 6 . Council Members Garrdt, Bradshaw, Wolosyn, Yurcbick, Gnzu1is, Bums Nooe Council Member Nabbolz (a) Dime Galuy and bcr ldlow lbldenll flam Floocl Middle School did not appear . I· 0 • Englewood City Council December 6, 1999 Pagel . • .---·· • • - (1.) Chris OI-. Director of Safety Services prelCIIICd a position 5lalelDCDt from the Metro FiRWOl'b Eaforcemm aad f.ducalion Coalition. He read. "1'be pmare use of fireworks by untrained, ordimry citizens COllbllUCI to be a significant fire and aiminal pniblan in the Stale of Colorado, causing hundreds or injuries, milliCJm or dollars in property damage, and • least one recent child falality . Because this mormous and unacceptable rm is~ concentrated oo or around the annual Independence Day. and this year the millennium boliclay, the impitude or the ba7.ant is not as widely recognized. as it should be . wi-tbiDp go wrung with fireworb, Ibey go ~ wrnag, ~ fasl -far fasler than any fire procection provisions can reliably respnad. Fimworb are a classic aaraaive nuisance and danger for children. Why would anyooe, cspccially a paren1, who knows the facts about fireworks. want to take tbat cbancc when Ibey c:an enjoy a festive -and safe -holiday at iadily available public displays . Most cities prnlubit the 111e or all fireworks. Cenain typeS or "pamissal>le" fireworks. such as spartlers, snakes and fCIWllains, are permitted within uniDcorporalcd OOWllies. It should be noted tbat firecrackers. pop bottle rockets, Roman candles or other fin:worts that leave the ground or make an explosive noise are illegal anywhere in Colorado . "Permissible" fireworks c:an be used by cbildren under the age of sixteen onl y under the direct supervision of an adult Anyone who uses fireworks of any type that contribute to the ignition or spread of a fire will result in se\'Cl'C criminal charges such as arson . Local officials continue to experience an increasing level of complainlS relating to fireworks. a level of complaints that generally overwhelms jurisdictions ' ability to respond appropriately . These complaints received in large numbers show that fireworks usage is breaking down normally cohesive neighborhoods. Law cnforcemenl offic ials are then forced to deal with large numbers of neighborhood altercations . These types of complaints gcnerally overwhelm a jurisdiction's ability to respond appropriately . Unfonunately. the metro area population is largely ignoring local and stale fireworks laws . Therefore, metro area police and fire departments anlicipalC using more resources to enforce these laws, and will be contacting stale and local judicial officials to c:ncounge a SlrOllger scanoc on fireworks violations. It is the intent of metro area poli ce and fire agencies to c:ncounge the local media to publicize the clangers and laws SWTOIIDding the use of fireworks." Mr . Ot.. said be 'WOUid be one of the contact people for the media on this. and on the 15"' of this IIIOIO, a media C\'Clll will be bcld down at the fire tniniDg academy. There will be many agencies there, a IOI or equiI)ll!Cm. aad clmallaaliolls blowing ~ a IOI or fireworks to show what the results of that c:an be. He said be IIICl today wilh Judge Atencio, and Ibey are cxpec:ting a heavy case load in the court. Most of than will a,me acrnu die violllioas clc*, be advilCCl, aad a few will be din:cted right into coun . We are also pialing UJlelbcr a task forte, a,mpriled of at least two to three police officers and at least two fircfiglllers. who will be actively out oo die niglil or the 31 • and 1111 die 1 •. enforcing fireworks complaints. Mr. Olma aid citalioal aad ••-'WOUid be issued, aad a IOI of diem have a fine involved, all the way up to $500 and six llllllllhl iD jail. He said Safety Services would be very active with thal and he wanted to let ~one know that Ibey would be out lbcrc . They want to let the public know to be prepared. because everything is illcpl in Englewood. Fireworks will be coafiscated. and will not be returned, they will be delUoyed or IIICld • evidence • .-ary. He said Ibis was just to let Council know that they "ill be doing this for die millennium boliclay, when a IOI of usage is anticipaed. and then there will be a big push next Fourth of July . We have to let people know, from an cducalional stmdpoint, be said, the dangers and expense of fireworks. and that we arc going to be serious about it here in Englewood. so be prepared for that. be advised . Mayor Bums said Director Olson and two other chiefs gave Ibis praentalion to the Metro Mayors' Caucus at the last meeting . It is a very serious issue, be rccogniud. commenting that Ibey believe the millennium may be five times an ordinary Fourth or July . It is the kind of thing that bas not been strictly enforced in the past. be said, but it is a ~ dangerous situation, and could be explosive on this holiday. The chiefs are very serious about this, and all the jurisdictions will be trying to enforce these laws. (b) Gary Forman. owner or Alpha Pawn. 4IS5 Soulb Broadway, said be was a little cmbanaslcd because Director Olson was IJRSCIII, and be wanted to speak about bis departmcnl As you all know, be said, lbcrc was a horrible. horrible tragedy that occurred about die end of October on Broadway . He said be would really like to just say that DiRlctor Olson• s Clllirc clepm uncnt should be so highly commended. Everything Ibey did was professional. above board. COlllideralc, and dleir follow-up was • ' .. ' . I • 0 • Englewood City C,ounci1 December 6, 1999 Pagel )• .. ~ ,,... . • • - I , . ' ... wonderful . It -like a plaaDed re1ana1, be said, because it -so smooch. ~ like Dircclor Olson and bis dcplnmmt do not always get the credit that they should get. be said, and be would really like this C,ounci1 to know that be, for one, -extremely paldul and thM they should be very proud of that dqJartment. 1bey do a wonderful job, be said. He apologiz.cd for having nothing written clown. and it was not easy for him to speak like this, be said, adding thM be -really glad to see a lot of young kids here tonigbl. because they should know thM the police officers in this City are their friends, and they should take heart in that. He said, apin. bis thanks go out to them and the job they do every clay that probably none of the rat oC us would want to do. 1bey are a very fine bunch of people. from the top to whoever was the last one hied, be said. 1bey arc well trained, profcaioaal and we should be very proud of them . Mayor Bums said thM could not haw been said beaer. He congrallllalcd Director Olson on the very nice tribute. He said C,ounci1 is very proud of that dcpartmalL 8. C-•llicatioal, Proc:l•w11iN1, ud Appoiataeata (a) C,ounci1 recognized the SIIJdem anisls whose woit is fCIIUrCd in the Englewood 2000 Calmder. Mayor Bums said we arc all delighted with this calendar in which a number of Englewood studenls from the Englewood School District and the parochial schools provided the art for the calendar. Mayor Burns commended and thanked Communicalioas SpecialiJa Leigh Ann Hoflb.ines for all her hard woit on the calendar. He Slid we are pleased Ibis evening to be honoring student artists whose work is featured in the Englewood 2000 Calendar, • celcbralion of student art. The City held an art contest that wu open to all students who live or go to school in Englewood. We n,ceived over 200 entries from studems in public schools, pivate schools and home schools in Englewood. One entry was chosen for each grade leftl, Kindcrpltm tbruugb 12• grade. The lrtWOlt -c:boaen by a selection panel, be said, coasilfing of members of our City C,ounci1 and our Culbnl Ans Commission . Serving on the selection panel weR former Mayor Pro Tem Alex Habenidlt, City C,ounci1 Member Julie Grazulis, former Cultural Ans Commissioo Cbeir and newly elected City C,ounci1 Member Olp Wolosyn, Cultural Ans Commission Cbeir Eric Benoluzzi, Cultural Ans Commissioncn Ray T-. Martha Warner and Mary Lynn Baird. 111d 8eM:ac Williams, Public Library Board Liaison to the Cultural Ans Commission . Choosing just tbineea pieces to include in the calendar out of the many wonderful entries we n,ceived was not an easy ._, be aid, thanking the selection panel for their dl'orts. Mayor Bums advised that the artists· original anMlb would be returned to them this evening. and the artists would each receive a gift certificate to Hobby Lobby that they could utC to buy art supplies. He thanked Hobby Lobby for sponsoring a ponion of the gift certific:ales. Mayor Bums offered special tbns to City Council Member Olga Wolosyn for lllllling all the enwort. He advised that there were caleodars available in the back of the room, and invited everyone to Ulke one home this evening. Mayor Bums presented gift certificates to the following students and callod them to the front to be recognized : J,-Bwndl, a ICllior • Englewood High School, whole lltWOrk MEnglcwood and the World," appears on the cover of the calendar; Alblce Reichelt, a s• grader at Clayton Elcmcnwy School, whose Mwe Are One" appears in Jmamy; Scott FOIIII, • 4• grader• Cberta Hay Elemcatary, whole MHoUywood Leopard" appears in March; 5111b Curlis, • ~ grader ll Sincllir Middle School, whole piece MA Bowl, A Fork and Their RolliDg Pini. eppearl in April; JIDdl Dnipcr, a.,. grader• Sinclair Middle School, wboec lrtWOlt "Mama's Little Helper" eppelll in May; ' ..: .. • I . ' I . 0 • • • Englewood City Council December 6, 1999 Page4 . . ,. ..-·· • • - • ... ' ... Andy J. Davis, a kindaplD& 11 Bishop Elemmlary, whose piece "Mc and My Daddy at Sea World" appears in JlmC; l...awm Froehle, a 3N grader II All Souls, whole "The Rain Forrest" appears in July ; JIIOll Lyon. aa t t• grader II Colorado's Finell AllenlalM High School, whose "Sea World" appears in Augusc; Krisla Amlluzio, a 6• grader II All Souls, whose artwork "The Sea Shore" adorns the month of Sq,tember; Jesus Antonio Valdez. a 2"' grader ll Clayton Elementary, whose "Lion" appears in November: Gabrielle De8oer, a 1<19' grader at Humanex Academy, whose artwork "The Big One" appears in December. The following Sllldents were not present, but were also rec:ognizcd : Amanda Kent, a 1• grader at All Souls, whose drawing "The Happy House" graces the month of February; Noah Silverglade. a 9'1" grader II Hwnanex Academy, whose artwork appears in October; Mayor Burns again a>Dgrandlled aU the young artists whole artwork appeaRld in the Englewood 2000 Calendar, and thanked C\'Cryoae for coming tonight to recogai7.c their 1alent and their creativity. This is something we would like to ~ be said, u it really gets the schools involved in the program. He tbankcd aU of the ll1ists who cntam the SIUdmt art COlllal, and asked for another round of applause . 9. hblic Barill& (a) COUNCU. MEDER SRADSBAW MOVED, AND IT WAS SECONDED, TO OPEN A PUBUC IIEARING TO GATHER INPUT ON A Sll.L AMENDING THE Cl1Y'S HISTORIC PRESERVATION ORDINANCL Ayes : Council Members Gama. Bradshaw, Wolosyn. Yurchick.. Grazulis, Bums Nays : None Absent: Council Member Nabbolz The motioo carried and the Public Hearing opened. All witnesses were duly swom . Planning Analyst Dannemiller llllbmitted Proof of Publication of the Notice of Public Hearing in the Englewood Herald on November 19, 1999. She said there was an inlroduction to the Historic Preservation ordinance on the first reading. and she would like to clarify some of the information and then go through what the process would be for the actual nomination and clesipllioo of a historic property . We know that. with the acquisition of the Slicnill Houle, ii -RlqUClled thll the aclUal iSIIIC of historic preservation be looked into, to be able to pmmotc -of the cullural and cducaDonal benefits of historic preservation, and flllla civic pride in the hilloly ofEnpwood. We looked II IOIIIC potmtial ordinances to address this iauc, she said. An onlinw:c ca aaually law a variety of c:ompoaaU It can be as narrow as simply clesignaling a pn,perty, aU the ny up to wbal ii called a OCl1ified local governmcot, which requires a 1q1a111e commillim The commieioo would do an UMDtory of prupcrlies. go out and proactivcly look for hiltoric: property, and they alao could make polClllial nx:oaunendatioos on allaalions of these pn,pcrtiel. ao there ii a wide -,c of comp M!tl'II thll an ordimnce a,uld be made up of. We took into • .. ... 0 I • 0 • • Englewood City Council December 6, 1999 Page5 .,.-. • • - ·• . . considcralion one of the things that Planning and Zoning bad said, which was that at this point. since Englewood is fairly new in the hiSloric preservation game, let's just look at the designation of the propcnics 10 be able 10 make them cligillle for grant funding from the SWc Historical FUDd. she advised. We also aml 10 set aiteria 10 be able 10 designate wbdba dlCle properties should be on the list or not. If you notice in your ordinance, she poilUd out, the aiteria is ICt so that tbcy must be al least fifty years old. and tbcy IIIUll haw a significant connection 10 hi5IOric:al C\'allS. tbcy lll1lll retlect the cultural. political or IOCial history o( Englewood. Also, tbcy may haw dilliDgaisbing ll'Cbitllctunl cbaracteristics, she added. Simply mted, Ibis orclinmK:e will allow for dcsigllllion o( die propenies, but it does noc pua any further n:llriclioa on die properties. The sboru:oming in Ibis, llbe allowed. is tbal. if a property would like to be modified Illa, and where it may possibly change the cbmCleristics. it is able to do thal. we arc not funher l'Cllrictiag it, but simply designating the properties at dlis poinL 1bal docs DOI mean that. further on down the l'Old. once we are into this process and it may aml -modification. that we could not go to that point, she said. The ordinana: process provides for Planning md Zoning or a property to notify the City of a desire 10 dcsiglllfe the property, she said, and dlis is the actual nominalion pan. You may ha\'C some quelliom on what the difference is between oomiDMion and aaual applicalion. she said. Ms . Dannemiller explained tbal, in light of the fact that lbere would DOI be a scpaalC commission going out and pro-acti\'ely seeking propaties 10 be on this list. it was felt tbal the PlaaaiDg and Zoning Commission could actually look for or accept nominations . You may ba\'C a property that wanis to be designated. so you would contact someone on the Planning and Zoning Commission and ask to be nominaled. Once the property is nominaled, the City would gi\'C the property owner the information that it needs to actually fill out the application. Then we start the application process. which mUSI ba\'e the name, the legal description of the property, a picture, the age of the building and a brief description of why the building has historical or architectural significance . In the cue of a ditlrict, a number of houses or buildings that ha\'e a unifying element, proof that the property owners haw been notified that this application is taking place, and that at least two thirds of the property owners arc in favor of the designllion. Then Planning and Zoning would conduct a public bearing on the applic:alion. she said. rmew the 5laled aitcria and then make a recommendation 10 City Council . At tbal point, City Council would appro\'e the application by resolution . Mayor Burns said this is kind of an initial forage inlo dlis an:a, wilhout getting a lot of elaborate process . Ms. Dannemiller agreed. adding tbal it provides the opportunity for buildings to be eligible for State historical grant funding, but it does nothing more . It was the feeling from Planning and Zoning, she said, that this was the first Slep, and the DCCICSSII')' step , 10 just haw a register of properties, and if there was a need, further down the l'Old, 10 implemem some further rearictions so tbcy can retain their \'31ue and their character O\'Cr time, we could look at doing that and amend it al that time . Mayor Burns asked if that was good enough for the Slate . Ms. Danoemiller responded affirmati \'el y. Simple dcsignllion on a local historic register is adequate for grant funding, she said. The reason we are going 10 look al an ordinance wbere we are accepting grant mooey from the State Historical Society, C\'en though we do DOI ba\'C an actual designllion, is because some properties need to be assessed to determine whether or DOI tbcy can be on the register and get funding for rdlabilitation . They do allow for assessment without dcsignalioa, but nothing further. Tbcy will DOI gi\'C you money for any rdlabilitation or restoration of property unless it is on a register, she said Mayor Burm dalkcd Ms. Dllnnemiller for all the wort she bas clooc on this . Council Member Bradshaw commented dlll it looks good. 'Jbere were DO other pcrmu wilbing to sptak 10 the issue . COUNCO. MEDER BRADSHAW MOVED, AND IT WAS SECONDED, TO CLOSE TIU: PUBUC IILUIING. Ayes : Nays: Council Members Gama, Bradshaw, Wolosyn, Yurchick, Gnzulis, Bums None • ) I • 0 .]- • • -. Eoglewood City Council December 6, 1999 Page6 " :,, .. ,. .,.-• • • - Absent: Council Member Nabbolz The mo6oo carried and the Public Hearing clcad. 10 . C-CApda .. .\ ' COUNCIL MEMBER GARRETI MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (II), (Iii), (IY). (v). 10 (II) (I), (II), (Iii). (IY), (v), (vi), AND 10 (c) (i), (II), (Ill). (a) Approval of OrdinaDca OD Firs Reading (i) COUNCil. BILL NO . 71, INTRODUCED BY COUNCil.. MEMBER GARRETT A Bll..L FOR AN ORDINANCE AU11IOIUZING AN INI'ERGOVERNMENTAL AGREEMENT EN'1T11.ED "FIRST AMENDED INI'ERGOVERNMDn'AL AGREEMENT FOR 11IE EST ABUSHMENT OF AN EMERGENCY COMMUNICATIONS SERVICE AtmlORITY" BE'IWEEN BENNETT FIRE PRO'reCTION DISTRICT, TOWN OF BOW MAR. BYERS FIRE PRO'reCTION DIS11UCT, SOU'J1f METRO FIRE RESCUE , CITY OF CHERRY HILLS VILLAGE, COLUMBINE VALLEY, CUNNINGHAM FIRE PRO'reCTION DISTRICT, TOWN OF DEER TRAIL , DEER TRAD.. FIRE PRO'reCTION DISTRICT, CITY OF FOXFIELD, CITY OF GLENDALE, CITY OF GREENWOOD Vll..LAGE, CITY OF LrrI1EJ'ON, LITilEI'ON FIRE PROTECTION DISTRICT, PARKER FIRE PRO'reCTION DIS11UCT, RATILESNAKE FIRE PRO'JECTION DISTRICT, SABLE- AL 11JRA FIRE PROTECTION DISTRICT, CITY OF SHERIDAN, SKYLINE FIRE PRO'reCTION DIS11UCT, STilASBURG FIRE PRO'reCTION DISTRICT, UNITED FIRE DISPATCH AtmlORITY AND 11IE CITY OF ENOLEWOOD COLORADO PERTAINING TO 11IE ARAPAHOE COUNTY E- 911 EMERGENCY lELEPHONE SERVICE AUIHORJTY . (ii) COUNCil.. BILL NO. 79, INTRODUCED BY COUNCil.. MEMBER GARRETT A Bll..L FOR AN ORDINANCE AlJl'HORIZING AN INI'ERGOVERNMDn' AL AGREEMENT BE'IWEEN 11IE OTY OF ENGLEWOOD AND 11IE COLORADO DEPARTMENT OF TRANSPORTATION (CDO'I) FOR 11IE ABANDONMENT OF SOU'J1f BROADWAY BY TIIE STA TE FROM U.S. HIGHWAY 285 SOtml TO 11IE CITY OF ENGLEWOOD'S SOtml CITY LIMIT . (iii) COUNCil.. BILL NO. 80, INTRODUCED BY COUNCil.. MEMBER GARRETT A Bll..L FOR AN ORDINANCE APPROVING 11IE CONTRACT BElWEEN TIIE CITY OF ENGLEWOOD , COLORADO AND ENGLEWOOD LIONS CLUB FOR MAINTENANCE OF 11IE ENGLEWOOD LIONS CLUB MINIATIJRE TRAIN . (iv) COUNCil.. BILL NO. 81, INTRODUCED BY COUNCil.. MEMBER GARRETT A Bll..L FOR AN ORDINANCE AlJl'HORIZING 11IE ACCEPTANCE OF A VALE GRANT FROM 111E VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF 11IE 18™ ruDICIAL DISTRICT. (v) COUNCil.. BILL NO . 82 , INTRODUCED BY COUNCil.. MEMBER GARRETT ' ' I· 0 • Englewood City Council December 6, 1999 Pagc7 ti ... , ~ ,,-·- • • - ·• .. .. ... A Bil.L FOR AN ORDINANCE MODIFYING 1111.E 3, CHAPTERS IN, SECTIONS 8 AND 10; CHAPTER 2, CHAPTERS 3, 4 ANDS, OFlllE ENGLEWOOD MUNICIPAL CODE 198S, RELATED TO CHARTER MODIFICATIONS CONCDNING 1llE CAREER SERVICE BOARD . (b) AppnMJ mam-on Secolld Reading (i) ORDINANCE NO. 69. SERIES OF 1999 (COUNCil.. Bll.l.. NO . 71 , INTRODUCED BY COUNCU. MEMBER GARRETI) AN ORDINANCE Al111fORIZING 1llE ACCEPTANCE OF AN INI'ERGOVERNMENT AL GRANT BETWEEN 1llE CTJY OF ENGLEWOOD , COLORADO AND COLORADO HISTORICAL SOCIETY TO FUND A HISTORIC STRUCTIJRE ASSESSMENT OF 1llE TIIOMAS SKERRITT HOUSE LOCATED AT 3560 SOUTII BANNOCK STREET. (ii) ORDINANCE NO. 70, SERIES OF 1999 (COUNCil.. Bll..L NO . 72 . INTRODUCED BY COUNCil.. MEMBER BRADSHAW) AN ORDINANCE AMENDING 1Til.E 3, CHAPTER 6, SEcnON 7, SUBSEcnON 7, OF THE ENGLEWOOD MUNICIPAL CODE 198S, PERTAINING TO INCREASED BENEFITS FOR RETIRED MEMBERS AND BENEFICIARIES OF 1llE NON-EMERGENCY EMPLOYEES RETIREMENT PLAN AND TRUST. (iii) ORDINANCE NO. 71 , SERIES OF 1999 (COUNCil.. Bll..L NO . 73, INTRODUCED BY COUNCil.. MEMBER GARRETI) AN EMERGENCY ORDINANCE AMENDING 1Til.E 8, CHAPTER 2E, SEcnON 2, OF THE ENGLEWOOD MUNICIPAL CODE 198S . (iv) ORDINANCE NO . 72, SERIES OF 1999 (COUNCil.. Bll..L NO . 74 , INTRODUCED BY COUNCil.. MEMBER GARRETI) AN ORDINANCE APPROVING SUPPLEMENT NO . 4 TO 1llE VALLEY SANITATION DISTRICT AND COLUMBINE WATER AND SANITATION DISTRICT CONNECTOR 'S AGREEMENT FOR 1llE INCLUSION OF LAND WITIIIN 1llE COLUMBINE SANITATION DISTRICT BOUNDARIES . (v) ORDINANCE NO. 73, SERIES OF 1999 (COUNCil.. Bll..L NO . 75 , INTRODUCED BY COUNCil.. MEMBER GARRETI) AN ORDINANCE AUTIIORIZING 1llE ACCEPTANCE OF A GRANT OF PROPERTY FROM ARAPAHOE COUNTY . (vi) ORDINANCE NO. 74, SERIES OF 1999 (COUNCil.. Bll..L NO . 76, INTRODUCED BY COUNCil.. MEMBER GARRETI) AN ORDINANCE AU11IORIZING A QUIT CLAIM DEED BETWEEN ADAM AND KATIIERINE LOUISE MULi.EDY AND 1llE crrY OF ENGLEWOOD, COLORADO FOR 11 SQUARE FEET OF 1llE CITYDrr<ll RIGHT-OF-WAY LOCA'IED AT 3697 SOUnl GRANT STREET, ENGLEWOOD , COLORADO, AND A LICENSE AGREEME!ff TO CLARIFY 1llE LOCATION OF 1llE CITY DITOI RIOHl'-OF-WAY. (c) Raoludoal 11111 Motions (i) RESOLUTION NO. IOI, SERIES OF 1999 • .. . .. • I· 0 ------------------------.,----------------- • • -. Englewood City Counc:il December 6, 1999 Pages ···\ " • • • , . ' ... A RESOLUTION BY 11fE CTI'Y OF ENGUWOOD AUl1IORIZING 11fE CITY OF ENGLEWOOD , COLORADO TO FD..E AN APPLICATION wmf ARAPAHOE COIDITY FOR A 2000 COMMUNITY DEVELOPMENT BLOCK GRANT. (ii) RESOLtmON NO. 102, SERIES OF 1999 A RESOLUTION OF 11fE CTI'Y OF ENGLEWOOD, COLORADO APPROVING A MAS1El LEASE AGREEMENT FOR COMPUl'ER AIDED DISPATOI AND RECORDS MANAGEMENI' SYSTEMS EQUIPMENT FOR 11fE CTI'Y. (iii) A CONI'RACT WITH ANDREWS AND ANDERSON FOR HISTORICAL S11lUC11JRE ASSESSMENT OF 11fE 1lfOMAS SKERRITT HOUSE . Ayes : Council Members Gamtt, Bradshaw, Wolosyn, Yurchick, Giazulis. Bums Nays : Nooe Ablcot : Counc:il Member Nabbolz The motion carried. II ....... A..- (a) ApproYal of Ordinances OD Fint Reading There were DO addilimal ilam IUbmiUed for approval on first reading. (Sec Agenda Item 10 -Consent AJenda). (b) ApproYal af OnlinaDc:a OD Second Reading There were DO additioml items IUbmiUed for approval on second rading. (Sec AJenda Item 10 -Consent AJenda). (c) Resolutions and Mocions (i) Director Simpllla praentcd a l'CCOllllllelld from the Department of Neighborhood and Business Dcwlopment to adopt a resolution authorizing the Englewood Envirorunental Foundalioo to negotiate a backup position with Legacy Partners for raidential development at the CityCeoter Englewood site. We believe we are prograsiog -very favorably with a residential developer agreement with Trammell Crow Residential Dcwlopmeol We think that is going to do very well , he said, but we also belie-ve it is -very impol1aDl to the City of Englewood to make sure that there is a backup cootingmcy, in case this particular~ should fall away . We believe this backup position strengthens our negotiations with Trammell Crow, and we are urging Counc:il's support, he said. Mayor Bums agreed that this is important bec:aule it will spur Trammell Crow OD to make sure they do their job. Counc:il Member Bradshaw lllid, wbcn Ille was oa Counc:il prmously, they wortcd -very closely with Trammell Crow in building The Marta, and they were ClUldlent to work with. She said she was glad to bear that the negotialioos -going well. • I . 0 • '1 . • Englewood City Council December 6, 1999 Page9 0 - Mr. Simpson said ii is a very good negocialion proc:ess. and we are making good progreu. Due diligence e:ff'orts are continuing forward 11111 we are on schedule, be said, but we believe this places the City io a very stroog positioo 11111 we fed ii is imponanl The rcsolutioo was assigned a DUlllbcr 11111 read by tide : RESOLtmON NO. 103, SERIES OF 1999 A RESOLtmON ENCOURAGING 11fE ENGLEWOOD ENVIRONMENT AL FOUNDATION TO OBTAIN A BACK-UP COl'ITRACT WITH LEGACY PARTNERS AS A RESIDENTIAL DEVELOPER COUNCU. MEMBER BRADSBA W MOVED, AND rr WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (1)-llESOLtrnON NO. 103, SERIES or 1999. Ayes : Council Members Gama. Bradshaw. Wolosyn. Yurchick. Nays : Absent The motioo carried. 12 . Geaerlll Dilcallioe (a) Mayor's Choice Grazulis, Burns Nooe Council Member Nabholz (i) Mayor Burns congralU.lalcd the Victim Assistance Program a1 Safety Scl"\iccs for the food drive Ibey bad al lbanksgiving for needy families. He said he saw it portrayed in the newspaper . (ii) Mayor Burns said the last issue of the Englewood Harold was significant relalivc to all tbc difl'crcnl clcmau of our project We bad the City negotiatioos with Trammell Crow on the front page, WC bad the Civic Ceder OD the inside, WC bad the art pieces and also the Wal-Mart closing. This rcally illUSll'aleS bow this project is coming together, he said, 11111 moving OD all froots . (iii) Mayor Burns said he watcbcd the David Taylor Dance Theater vignettes of The Nutcracker over al Tamarac during the snow day . He fell ii was quite well done, adding that he spoke with David Taylor about the CityCcntcr and some of the challenges they arc having engineering their situation over tberc, though they arc still very excited about ii. (b) Council Members' Choice (i) Council Member Grazulis inquired about uash pickup and whether tberc had been a study done. Council Member Bl11dshaw said there appareotly bad been several studies done by Clean, Green and Proud. Ms. Grazulis asked what the consensus was al that time . Ms. Bradshaw said people wuud to pick their own. Ms. Grazulis said one of her concerns is the extra weight of the trucks and all the coafusion, and all dlOlc ugly staas in the alleys. Ms . Bradshaw said the wear and tear on our strccU was the whole idea bebind tblL Ms. Gm:ulis said they just fixed the cooc:rctc alley behind her and now she ICCI all the 1nlb lnlCb going up and down it, so it will be just a matter of time before it sinks again. Ms. Bndlbaw said tbll is a issuc that coma up about every two or three years. Ms. Grazulis said let's bring it up apiD, boclua maybe some other people arc dissalisficd. Ms. Bradshaw said she knows citimls get rcalJy ..-, but why not Ilk Clean, Green and Proud to do it again. Ms. Grazulis said that would be good, boclua dlae IR allo 10111C propcnics tbat ltill have DO pickup. Ms. Bradshaw said that is apimt the law. Ms. Gmulis llid lbc kDoM it is, but it is one more thing that Code Enforcement bas to try to cnf'onie 111d it would 1igbtm their load if we could have IOIIIClbing more scheduled. .. I . • • -. Englewood City Council December 6, 1999 Page 10 " . .. ~ _.,.-. • • - ... ' ... Council Member Olma aid. wbm dlal cae up. be~ apillll dlal particular matter because of the way it -,oing to be cafon:ed. We were IIICll pliDg to caforce tbc ordinance UDlil a violation had occum:d. and be felt tbal -• odd way to do dliDp. We eitbcr do it or we don't, be asserted, and that is one thing we sbould look a RcpnliDg tbc Clem. Gn,ea 111d Proud, tbc last proposal be saw was a couple of years ago, 111d tbcre wa concerD CMr tbc low i...-to tbc ~ cards that were sent out Council Member Bndlbaw aid tbcy oaly pt about 11111 pm:cat back. SIie IUggated using tbc Englewood Citizen Newsleacr and holclillg -public IIICdiDp wllcre dillricl Council Members could nm dislrict meetings. Mayor Bums saicl in IIOllle cities tbcy COllll'ICl out tbc wbole city . Council Member Bradshaw said she still feels a viable opcioo is CODllacting wilh DaMr. Mayor Burm llid be lbouglll lbeR was a heavy desire for them to be able to make their own c:hoicu. He agreed dlll you certainly get a multiplicity of trucks going up and down tbc alleys. Council Member Grazulis said IIOllle of tbc companies are bigger tban o1hers, so she would bate to let the small guy go past. Council Member Ciarrcu said you would do it II a bid. He said be would like to get a prdiminary idea of what tbc a>SI would be on a bid procaa so tbat. wbm we have public meetings . we would know the a>SI. Council Member Bradshaw said people arc looting at a twenty to twenty-five percent savings. Council Member Ganett aid that makes a clift'crcnc:c in bow you think about these matters. Council Member Grazulis aid that is right, and she would just like to address that again. Mr. Ciarrcu said we can also enforce n,cycliag as a part of tbc oontract, 11 opposed to tbc behcr-skcber approach we have today . There an:: advanlqel and clisadvantages, be added. Council Member Grazulis said she now sea more advantages than disadvanlages. where as before she m:alled that she -wilh Mr. Gamu. City Manager Sean llbd if Council would oonsidcr IIICding with Clean, Green and Proud, or if they would prd'er that Slaff' do a history of where we an:: and praeol some information to Council after the first of the year. Coullcil Member Garrcu and Mayor Buras felt a biSIOfy would be good. Council Member Grazulis sugau,d a hiltOly with a mcding. Mayor Buras rccallCld dlal they did a fair amount of wort on this tbc last time around. It wu decided to look ll tbc history and then see where to go with it ••••• Mayor Bums said be would be attending• least part of tbc Summit on Regional Cooperation, sponsored by the City and County of Denver, on Wednelday. It is co-sponsored by the Home Builders, the Colorado Forum, the Mecro DeaverChambcr ofCommcrcc, DRCOG and the Metro Mayors' Caucus, be added. There an:: three priorities, be explained, worlcf'on:e housing, new dcvclopment and existing infrastructure , and open ..-z. He said be is DO( exactly 11ft where this is going. because, in bis opinion, you could bold a meeting on growth OODIIOI nery week. He said if be goes to this, be may DO( make the party for the staff. which be n:ally hlla to miss. (ii) A rcsolulioa iDdic:ating that specific ta111111 an:: acceptable to the City of Englewood at t11c atyCarcr dcw:lopmcal -llOlllida'cd. The rcsolulioa -alliped I number and read by title : RESOLtmON NO . 104, SERIES OF 1999 A RESOLtmON INDICATING 1HAT SPECIFIC TENANTS ARE ACCEPT ABLE TO 11IE CITY OF ENGLEWOOD ATTIIE CITY~ DEVELOPMENT. . ' .. I· 0 - • Englewood City Council December 6, 1999 Page 11 '. " • - ... COUNCD. MJ:MBI.R BRADSHAW MOVED, AND IT WAS SI.CONDI.D, TO APPROVE AGI.NDA rrD1 12 (II) (h)-RI.SOLUTION NO. ICM, SI.RIES OP 1"9. Mayor Bums asked John Loa. or Miller Weinpnm Realty, ifbe would like 10 make a pn:scntalioo or ._ quelliollS from Council Mayor Burns llid Mr. Loss bad iclcnlified, in his cover letter, which be felt lllould not have been lllllbd confideDlial. the Imam be was talking about. He said the attached letters of inlmt are indeed coafideatial, 111 we will not want 10 get ink> the delails or those. We are talking more about Milla" Weinprtal's contractual obliplioas and the contract with EEF, which bad to be complied with by November ~. be said, which is when IIIOll or the cover letters are dated. He said be did not know if Mr. Loss Wllllfed to make any additional remaab with regard to the list or not. Mr. Loss said not really. we were trying 10 comply with the agreement with EEF to submit the letters of intent and determine whether that met the requirements of the City . Council Member Bradshaw voiced coocem tbal there are things that arc signed, but asked if they arc actual lellers of illWll. Mr. Loss responded thal there are two thal are not signed. Ross and International House of Pancakes are not signed because there are terms in them that arc not agreed to and acceptable between the parties. Mayor Bums said the contract miuires not less than two restaurants. two 25,000 square foot users. and 25,000 square feet of additional retail space with tmallls aa:cprable 10 the City . City Attorney Brotzman concurred. Mayor Bums said there are obviously several 25 ,000 square foot users here . He said he felt !he question is more wbctber the Council objecu 10 any of the poCcntial tmants that are listed. Mr. Loss said they would like 10 find out two things. They want 10 see tbat we agree that Miller Weingartm is in compliance with tbal Na\anbcr 30• lllbmission. and then. ultimalely, we need to get some lcaes produced by ICllaDlS that are aa:cpllble. Council Member Bradshaw said she -coocerncd that we have dropped Bed. Bath and Beyond or Linens and Things. Mr. Loss said we have not dropped them in tams or going after them. but we do not have letters of inlent from them at this point. Mayor Bums asked if Mr. Loss could use these leaas of inteot 10 go back to them Mr. Loss said absolutely . One of the key Borden-aqeted outfits bas taken another serious look at it They need 35 .000 feet, and they want 10 be on Hampden. Council Member Bradshaw asked who that was . Mr . Loss said it was Linens and Things . We have two different ways to go at this, one is 10 see if there is a way to put them in between Inca and Galapago, along with Borders, and still be able 10 meet the puking miuircments. The other is 10 come over to the east side afGalapago and sec: ifwe can ultimalely end up with a 35,000 square foot use with Hampden front.age . Mayor Bums said you have to mainlain your sight lines and all thal with Wal-Mart . And the residential, Ms. Bradshaw added. Mr. Loss said yes, we absolutely have to stay in compliance with all those pieces . Council Member Bradsbaw said she did not -1 Sportsman's Warehouse . Council Member Garrett said bis CIOIICICl1I oa dlll oae ii dill it ii a -campmy . Mr. Loss said rigllt. Mr. Garett recalled that they were llq,pmal to receive -addilaal iafouallioa aad pictures, and that bas not been received . That raises an eyebrow, be llid, bclcae C.ouacil bad~ ClOIICCIIII at the last meeting. Mr. Loss said they wens lllkiag far -decilioa and actioa here. He said be bas photographs which be paam anJlllld It oae llall' meeliag. Couacil Member Bradlbaw said they never saw them . • ) I • 0 • • • Englewood City Council December 6, 1999 Page 12 , ... · - Council Member 0aneu said the other oac that lllises ID cyd,row is the lnlcrnalional House of Pancakes, and their ability to comply with the design standanls that WC arc going to have OD the site, because they have a unique look . Mr. Loss said dlcn: is no qllCllion m. many al tbcse tealts are going to need to conform to the design guideliacs and come off of their mndard llalDall He said be w DOl sure m. acoepcance on tbcac reslallraDtS is called for in our lgRlelllClll. He said be thought it w tenan1s who arc grc:ater than 7,000 square feet. Mr. Ganeu said be was lookiJlg at it from a penpectM al bis MIiiing to know about the acceptability of some of these tmlDIS, inapectiw of Ille. Mr. Loa said llaft" 1111 definitely made it very clear that some of these tenants with awnings and sigmare trademart type elements arc DOl going to be acceptable, so we would definitdy proc:,ecd oo m. basis. Mayor Burns asked if these tmams arc aware of this. Mr. Loss msponded affirmatively. Council Member Bradshaw said Council bas coasi51endy said Village Inn. Mr. Loss said this letter indicaleS the parties that wc have letters of intelll from, and wc do DOl have one with Village Inn, but we arc working with them. lbey have been interested for some time, and so we will cenainly attcmpc to get them . Mayor Burns said, last time, Borders Books was pretty universally accepted by the Council , and we have given a stroag indicalion that we would like to have them bcrc. Tbcrc were some questions about Office Depot, be said, rccogni.zing that Office Depot can be a pretty good sales tax gcacrator, and they do wan1 10 move from their IJRSCDl localioo iDlo this dcvdopment. He asked about electronics. Mr. Loss said Office Depot bas a significant amounl of clecUonics in their inventory . F.arly on. Circuit City was looking, as was Best Buy, and that is ltill a targeted area and we would like to come up with someone. he said, but we do noe have one at this time. Council Member Bradshaw asked if the list sbould be rad for the public's information. Mayor Burns felt the list sbould be rad. Mr. Loss rad the lisl, which included Borders, lncorporllcd, Ross. Office Depot , Sportsman's Warcbousc, Ruby Tuesday, TGI Friday 's. Bally Tocal Fitness. Peabcny Coffee, Bennigan 's. El Tcjado, and lntcrnalional House of Pancakes. Council Member Bradshaw asked bow many square feet El Tcjado wanted. Mr. Loss said about 3,SOO . Mayor Bums asked bow many ratauranlS were amic:iplWed. Mr. Loss said probably five or six, and that would be indrp::ndmt al restannts tbal nay go oo the north side of Englewood Parkway, but, in the part of the clcYclopment that wc are dircctJy involved in, wc arc anticipating five or six, be said . Council Member Yurcbick said they have Bennigan's, TGI Friday's and Ruby Tuesday . He asked if they plan to pick one of the tbrcc or try to do all tbrcc. Mr. Loss said it is most likely lbat all tbrcc of those users would require the larger pad oo Hampden. That pad is designed. and would park. somewhere between 10,000 and 12,000 feet. All tbrcc althac users arc in the S,000 to 6,SOO foot range , he said. We are actually fiddling with a site plan riglll -thal acates ID area for two of these restaurants in lbat one location. We arc 1Dtic:ipaling a fair amount al hassle in getting thole people to acc:ept that, he said. When there w a movie thcllcr in the pn,ject. we actually bad tbrcc of tbcac larger national high volume restauranu oo Hampden. but -, with just the one locatioo. all tbrcc of them have identified lbat they would be willing to go tbcrc . Wbedler we c:an get two of them to fit in there is one of the questions, he said. The other major pi-that wc are viewing u the likely ralaUl'alll locations would be undcracatb the building next to the Civic CCIIICr building. what wc call the Bally• s building. That would provide some nice storefront along the south side of the Piazza. Another prime location would be on the west end cap of the south side of Englewood Plltway. • ) I • 0 • • • Englewood City Council Dcc:ember 6 , 1999 Page 13 - .. ... Mr. Yurchict said bis c:oacera is dial Ibey arc prdly much similar restauranl5, there is DO variety. Mr . Loss said they arc, and it is IIIOll likely tbal the c:unmt Gold Mine site would be the location for one of these three, and then the other ideas would be in different places along the parkway and the Piazza. Council Member B..W.W said she was coacemed about the fact tba1 we bad a brew pub as a high priority, and she did DOt aee ooe OD the list. Mr. Loss said they arc still hoping and working on one . The Gold Mine pad would be the likely place for tbM. Ms. Bradshaw said something that would be unique. She said she does DOI waDI this to be University Hills West, or Bowles Crossing East. and she is seeing a lot of similar type tbiap c:omiDg tbruugb. She said she was very pleased to sec Pcabcrry, altbouf th ey bavc always bad Bally • a pat oC this, it bas been a given throughout the whole thing. On the 9 of Scpcembcr, she rec:alled, Ibey said it was already leased. Mr . Loss said DO , we bad an agreed to letter of inlClll and a copy of their lealc bad been sent to us . Ms . Bradshaw said the first draft of the lease was received IS oC July . Mr. Loss said now we are probably into the second and third copies of drafting. Mayor Bums said be bad talked to Baily's in Palm Springs. and Ibey were ready to go. and did not C\•cn care who was around them, dMft were no co-tenancy issues with BaUy's. Council Member Bradshaw askcd wbal bappened to Johnny Carrino's. Mr. Loss said they arc !liU inla'csled, we did DOI bavc a lctler of inlcnt II the lime of this. but Ibey arc a prime candidalc for the west end cap of the south side of the pabay. Ms. Bradshaw asked about CB&. Potts . Mr. Loss said they were the brew pub lhal we worked the loogat with . They bad indicated that, if Ibey could bu y the site. they would take IIIIOlbcr lad b* II it. We told than 1h11 we were DOI in a position to provide that opportwtity, be said, and since then, Ibey bavc indic:alal Ibey arc on bold on further expansions. Ms . Bradshaw asked about B.J. 's Pm.a Grill and Brewery . Mr. Loss said Ibey arc still talking with them. and they arc fairl y active now in this amtet. Ms. Bradlbaw asked about Mondo's. Mr. Loss said be did DOI know about them . Ms. 8nldlbaw CIOlllanled 11111 tbiap bavc DOI changed much. Mayor Bums askcd about the 12.000 1q111rc fnot building opposite Wal-Mart that a1 one time had Petco . Famous Footwear, Lais Craften and 11111 IOl1 oC thing. Mr. Loss said back to the notion of what we need to accomplisb to try to get Borden in here, if we have to, and have an opponunity to get one of their prcfcned neigbbors into tbal area. lhlt is our first goal . We don't want to conform that side of the project to anything tbal locks us in. ID •-e CID build up to 44,000 square feet in that whole area. maintaining this view conidor. lfwe ended up with a 35,000 fnot, say, Linens and Things. that would leave us about 9,000 more feet, and we would certainly want to put in a Ooater building with some more of these smaller users , be said. Council Member Bradshaw said ID Linens and Things fits better with Borders than Bed. Bath and Beyond . Mr. Loss said they arc both acc:cpllble to Borden and they arc both ones we would like to go after. Bed, Bath and Beyond is looking at it apin now with the notion in the rcpon from us that Borders has signed an LOI, subject to co-tcnaDCy, be advilCld. So, Bed. Bllb and Beyond is an active candidate, but, again. we do not bavc a letter from than. Council Member B..W.W aid lbc did DOI know if any of the Council Members bad a preference, but she felt that Bed. Badl 111111 Beyoad -• mud! bcacr SIOl'e. Mr. Loss said their slightly bigger problem is their location at SoudnM:11 Plua, wbcR U-IDll 'Jbillp does DOt have quite IS directly a competitive location at Ibis lime. We would kM to bavc eitbcr ooe oC than and arc womng diligently with both of them, he said. Council Member B..W.W aid lbc read in oac oC tbcac that if they come, we CID not have a Marshall 's, a Ko111'1, or TJ Mau. Mr. Lem aid 11111 is pat oC the Roa lcaer tbll is tolllly unaooeptable. Ms . Bradshaw aid * cel1linly doel DOI -a --Idling .. what we CID and CID not do . • I • • • • Englewood City Council December 6, 1999 Page 14 ·• ,. ,---. • • - Council Member Grazulis llicl sbe is DOC panicullrly crazy about Ross . Ms. Bradshaw said she is not either. Mayor Bums llicl TJ Maxx is next to tbcm ll Uniwnity and Orc::bard. and be lites TJ Maxx beucr than Roa, ll dlll loc:alioD anyway . Council Member Bl'lldlllaw llicl lbc Wllllal a ral ltore. Mayor Bums llicl Rea taka ~ mcrdlandile fnlm the~ Ml. Bradshaw llicl tbM is her cooc:em with Spor1-'s Wan:bouse . She did not "-wbal kind af-.rdlandile they sell, wbdber it is fint line or IOCOlld line . From what she lilldcrllalldl, it is jult a YC1Y primilM building with very little leDllll finish. Mr. Loss llicl be~ prvvidc. • ealy u tomorrow, pictures aftbeir localicn. It is a really high volume of mcn:baadile, be said. He felt the OUllidc looked fine and it is all hllllbllg, fishing, and camping. Ms . Bradshaw said and gum. to which Mr. Loss coocumd. Mayor Bums asbd wbcR die they aR loea&cd. Mr. Loss rcspoodcd dlll they have three stores, and they aR all in Utah. 1bey aR opening ooe in Billings. be said, and the company is out of Wisconsin. They ha\'C been in~ for about thirty-six motdls . Ms. Bradshaw said it is not that they can not be good. bu1 ii just COIICCflll her. Mayor Bums asked if a video could be obtained of the inside of their stores. Mr. Loss said be would check . ~ '1 Wan:boule is YCIY anxious to be coosidered, so it would be easy to tell them tbM their markel niche ~ be beucr uadcnlood if they can give us IOIIICtbing like that Council Member Wololyll asbd if Council was in a po&ition to Slrikc stores from the list. Mayor Bums llicl yes, if they are 7,000 IIIUR fed or parer wc can say no . Council Member CiamU llicl Rea could IIOI be appnMd because they have not signed a letter of iment. Tbcrc aR coocems owcr Spell,-'1 W...._ ll the moment, IO thll should not be on the approved list . Council Member Grazulis llicl lbc ~ lilc il to be OD the record lhal she was not in favor of Office Dcpo( moving owcr to_. big llitc . 'Ibey bave a llitc, lbc said. Council Member Bradshaw said their site is in the Urban Rcocwal ara and the .-y fnlm lbat lite does not go into the City coffers. it goes into the Urban Rcocwal Bonds. Ms . Bradshaw llicl sbe was not tbrilled with Roa, but wc do not have to vote on it anyway . She said she felt Borden WII fine. Council Member Grazu1is agreed tbM Borden was fine. We llicl ifwe bad a Borders wc would look at other tbinp, lbc said. Council Member Bradshaw ukcd which rataurlDIS would be putting in ouldoor patios. Mr. Loss said they would like all aftbem to do that. There arc locatioas OD tbcse end caps and the Piazza wbcrc wc think all of tbelc ~ be Ible to bave a palio, be said. Mayor Bums felt they lhould really push for tbll, becaUlc evaa the rmderings we have bad show a relllUl'llll with• outdoor dining ana. Mr. Loss said they all will definitely want it and we think it fits in aicdy. Onallaftbcac, be aid. be felt~ wcre local.-forJIIDOI. Council Member Bl'lldlllaw asbd if they were llllkils to F--. Footwear at all Mr. Loss responded affirmalively. Ml. Bradlbaw said lbc waald sally CIICOWIF lbat, even though it is a smaller tenanl • I • 0 • • • Englewood City Council December 6 , 1999 Page 15 ,. e G - .. ' Mr. Loss said be would like to mention somctbiog to help cmpbasiv: a point Along Englewood Parkway. there are probably in the oeigbbolbood of 20,000 feet on the IOUth side that would be ideal for tbcsc smaller tmaots of about 1,200 feet on the small side to 3,500 feet. be advised . lo addition. depending on what happens OYer in front of Wal-Man, be said, it is likely tbal we could end up with 8,000 to 15,000 mcm: feet there . That localioo would also be the smaller tcoaDIS, like Famous Footwear. so there will be ample opponuoity to get tm or fifteen DIOR: telllllts in the 1,500 to 3,000 foot range, be said. Ms . Bradshaw asked wbal bappcncd with Don Pablo's. Mr. Loss said they are still an active prospect. Ms . Bradshaw said bc:r coocem is the ones be brought back to Council again arc pretty much boilerplate. Some of thole kacrs of intmt wcrc dMed clear back in May . TGI Friday 's was May 14111, she said, and they signed it oo May 30111, so that was not new news . Council Member Grazulis said she wasooncemed with Ruby Tuesday, TGI Friday's and Bcnnigan "s not being family oricoled, and more like hangouts after work for DIOR: professional types . She said she woul d like to ICC IIOIDethiog more family oricotcd, besides an lotematiooal House of Pancakes . because we all do not go to Chuck E. Cbccsc's. Mr. Loss said, as an example, this Johnny Carrillo 's is a famil y style Italian n:staurant. Ms . Grazuli s sai d tbal would be good. and encouraged Mr. Loss to go for it. Mr. Loss said their goal is a wide "aricty. an d tbcre should be some other opportunities for some 2,000 foot rcstawants along the parkway, and probabl y along the north Piau.a side, as well . He said they would love to have eight or nine rcstawants. but a1 some point you have to be concerned about the parking, so five to seven is a good number for this project . Ms . Bllldshaw said bc:r concern is the design. It is paramount that whoever goes in must oonform with th e design. that is part of the PUD , she said. Mr. Loss agreed. He felt that Director Simpson a>uld assure th em tbal the mechanism that is set up will vinually ensure compliance with the vision . Mayor Bums said 1h11 is why they paSllld the design of~ ordinance a couple of years ago , to make sure tbal was in place. He said, if be was undcnWldiog it right. that the lint four tenants listed in the letter. plus Bally ' s, were the ooly ones Council could really say no on, but that they could indicate their prdcn:na:. We lalked to Baily's in Palm Springs, be said, and we felt that. although they do not genera1e much sales tax. they would be an IClivity gcneralOr. and a good number of people who live tbcrc might be mcmbcn. Mr. Loa agreed. He said it is an ideal TOD use . For a long time, then: was this notion of the sales tax needing to be coosidcrCld, which is very important. but we oontiouc to be very con~i nced that that location, and bow you access it in the parking. would be an extremely difficult retail location. so the Bail y's is a oanual, from our Slandpoiot. be said. Council Member Gnzulis asked, if Bally ' s was on the second floor, if they would have that special flooring . Mr. Loa said yes, they would have to, and it is a spec of their design. They need floors that hold a hundred pounds per lqUlll'C fOOC. which is a real beefed up floor, to deal with the activities tha1 would go OD. Council Member Biadlbaw med iflhll gave Mr. Loss eoougb din:clion. He said be guessed so . Mayor Bums llid be thoupl they lad aae no • this point. because they did not know enough about Sportsman's WllmOIIIC. Ewa DIOP ~ lla\'C to cblllF their building, be added. Couaci.l Member Gama said they did not have to worry about IHOP or Ross. because they did not have lipat lcaas ~ imal. Mayor Bums said the raolulioa was to accept this list, and the only one on the list they would say no 10 at this poillt W11 Sport.-'s Waeboule . • ' . .. ) I • 0 . J • • --• Englewood City Council December 6, 1999 Page 16 '"' ~' . ... • .,-. • • - .. .. ' •, Council Member Bnmbaw llicl sbe wu c:oacemed with the Idler, because it said copies of letters of intent with the followiDg falallll, but tbr:R-not one with Roa or IHOP . Mr. Loss said be did not know, leCbnic:ally, whal the definition of a Idler of iDlml was. clearly thole two arc not signed. Mayor Bums said, after coafeniDg with City Attorney Broczmaa, that they c:ould not include Ross . Council Member Gamtt said IHOP could DIil be illcluded citbcr. The raolution docs not lalk about letters ofilllml, be aid, 10 WC have to be clear. Mayor Bums agreed. Without a signed Idler of intmt, be said, we can not iDcludc them. Mr. Garrett said we can, but we sbould not. Council Member Bradshaw asked ifthole are buically stricken then . Mr. Garrett said wc have three off the lilt. Rau. Sponsman '1 Wardloule 111d lntanalional House of Pancakes. Mr. Garrett said the question mark WU Office Depot Council Member Giazulis llicl she would still like to see an interior view and some information on Spo111111a11's Wardloule. Mayor Bums said we arc allO saying. with Borders and Office Depot, there have to be two 25,000 square: fOOl tmants in bcre. or the coanct with Miller Weinprten is not approved or is terminaled. Council Member Gama said be would vote for the raolution, for those two . Council Member Bradshaw llicl • would allO . Mayor Bums said the_. -to vote for the resolution with Borders, Office Depot and Bally 's included. AIIO, the-.-.. except for the IDtcrmlional House of Pancakc:s. where wc do DOl have a signed Idler of illlall. We do not have a signed lctler of intcnl for Ross. llld Sponsman's Warehouse could be, but we just Wllll to look ll it Mr. Loss said Council just ims more information there . Mayor Bums said yes. Mayor Bums asked tbll the raolutioo be voted on with the amended list. Ayes : Nays : Ablent: The mouon carried. 13 . City Muqer'1 Report Cowlcil Members Garrca, Bradshaw, Wolosyn. Yun:hick, Gmulis, Burns None Council Member Nabbolz (a) City Manager Scars reported that they have a lctler ready to go to Wal-Mart. All members of Council signed the lctler wck:oming them to the City, cxprasing Council's delight that they have clOICII with them. and ~ them to proceed with dispalCb oo the consttuction of their facility . Mayor Bums said we hope that maybe Cffll a 111ft opening can be done at the same time the light rail opens. because their usual scbcdulc would carry them into Augmt. but pom'bly we can speed them up a little bil Mr. Scars thanbd Mike Millcr, ltaling that be rally held this wbolc thing together to make it happen with Wal-Mart. 14. City Anoncy'1 Report • . I· 0 - • • P.a,lewood City Cclmlcil December 6, 1999 P.,e17 " ~-. .... _ ... ·, .\ • .. • •• .. ' (a) City Aaanlcy arm-aid be wmld jail lib ID echo Mr. Scars' CXJDgrallllaDom to Mm Miller• die w~ c:IGliltg. 15. MJwa MAYOR IIUllNS MOVD TO ADIOtJllN. The aalillg-~ at 8:47 p.m. I . 0 32X - • • • • ; ..... . .. -.. PUBLIC COIIIIENT ROSTER AGENDA ITEll 7 NON 8CHeDU1.ED VISITORS DATE: December 20, 18" ,\ NON-SCHEDULED VISITORS IIAY SPEAK FOR A IIAXIIIUII OF FIVE MINUTES. EACH PERSON NIIING TO SPEAK SHOULD SIGN THIS PUBLIC COIIIIENT ROSTER, STATING NAIIE, ADDRESS, AND TOPIC OF COIIIIENT. PLEASE PRINT NAME AQPRESS TOPIC • , l ) I . 0 3 • • -. ... .. • • - RECEIVED . . December 6. 1999 Mayor Thomas J. Bums City of Englewood 3400 South Elati Street Englewood, CO 80110 DEC 07 1999 CITY~OffK;E ENGLEWOOO. COLORADO Dear Mayor Bums: This letter confirms my resignation as Chairman and member of the Code Enforcement Advisory Committee (CEAC). Due to ti.me constraints. 1 can no longer make the commitment that I feel is required by the committee. Over the past two years I have enjoyed being pan of a citizen advisory group that has acted as a conduit of communication between the community and city officials. CEAC has provided a number of recommendations to City Council and the City Manager regarding city ordinances. community education and code enforcement processes. Some of our accomplishments include : helping draft the Nuisance Abatement and Graffiti Ordinances; bringing more attention to cleaning up chronic propenies; educating the community on the imponant role of code enforcement: developing strategies to increase the effectiveness of code enforcement operations. Personally I am very pleased with the current direction of the Code Enforcement Division. Dave Lynn is very committed to seeing that his office become more effective and proactive in its enforcement delivery. He is providing code enforcement officers with the tools and motivation to make positive changes -prioritizing and standardizing enforcement practices that will generate the most impact. setting up processes and procedures that make individual officers more accountable and recognizing officers for admirable accomplishments. I would like to thank committee members for their time and dedication. I want to especially recognize those that have been involved in carrying out the mission from the beginning: Katherine Fischback. Ruth Hansen, Donna Johnson, Ann Nabholz.. Don Roth and Gerald Stankorb. Finally, I want to express my appreciation to Division Chief Moore and Lieutenant Wicks for keeping the group grounded and focused on the right issues by providing their expertise of best practices for initiating change. I wish the committee the best ofluck in continuing to be a positive voice in the community and helping to improve the quality of life in our city. Sincerely, Todd Allen • A 8a I • 0 ~ --• .. -·" .. ., -~ :t • - ) is.{- J '-- • ' ., • .. ., .:-.. 4' .. .. ... .. ' .. 0 .. . ,. ., ' I . • - • • .. • .. .\ • .. ..... . ~ ... • .. ... l . I • I ! -·-. :+ ........ . t~--~··..# Tricia Langon r:.,.. (fr... 12/17 /99 02:34 PM I ' To: Lou Elia/City of EuglewoocMkX>E cc: Her9's 1he llat of 1he Holiday I.Jghtlng Event awards that wll be announced at Council on 1he 20th. I,,_..,. that dleY wil be prewll9d by J. L. Barnes of 1he Clean, GFW'I and Proud/Keep Englewood laaudful CommiNion. If you have any QUN1ions attar 1he ll'INtinQ cal me at 2348 or Kate at 2345. Thanks. Tricia ,, . • " . ' . ' . I . 0 32X • • • 2811 S. Cherokee St. 2875 S. Del8W8'8 St.. 4045 S. Elati St 4990 S. Elllti St 5041 S. Elllti St 2971 S. Erneraon St. 3270 W. Grand Ave. 3315 S. Grant St. 4435 S. Grant St. 3701 S. Huron St. 4190 S. Logan St. 37 40 s. Sherman St. 3742 s. Sherman St. 4104 S. Sherman St. 4560 S. Sherman St. 1101 W. Quincy Ave. "• •' .. ,. • • •• .. 12•Aaaul .I .. ' ., Keep J:aalewNd Bealltifal Beliday Liptia1 Eveat .,,, High Lights Award Darlene Patmore Hal iorable Mention Award Mark Greiner ~ Honolable Mention Award Demis & Kathy Brewer Grand Extravaganza Award Richard & Alice Kloewer Northern Lights Award Ron and Melanie Kloewer Lire Time Achievement Award Dwight & Ellen Latham Mayor's Choice Award Honolable Mention Award Patricia A Lobb '- Dennis & Lily Freeman Ligtul Lights! Lights! Award Van Amam Family Angell Among Us Award Hal IOI able MIi iiion AW&ld Chuck Greer Dan & Bev Carey Debbie & Gary Walters Gilbert & L&U'ie Mears The Bargas Family Old Fashion Chriltma Award Art Blom Skinll8f's BG Kennels 4249 S. WuhinglDn St. Honorable MIi iiion Steve McMorrine and Steve Jr. •, I . 0 32 .. . ,, • -I• •.. .. .. ,,. • . ' .. 12"' Annual Holiday Lighting Winners · Awarded0ecember20, 1999 4990 S . Elati St. Grand Extravaganza Award 4104 S. Sherman St. Winter Garden Award 1101 W . Quincy Ave. Best Business A ward 2971 S. Emerson St. Life Time Achievement Award 3270 W . Grand Ave . Mayor's Choice Award 4435 S . Grant St Lights! Lights! Lights! Award 5041 S. Elati St Northern Lights Award 2811 S. Cherokee St . High Lights Award 3701 S . Huron SI. Angel s Among Us Award 4560 S . Sherman St . Old Fas hion Christmas Award 4249 S . Washington St. Basic Beauty A ward 4190 S . Logan St. Honorable Mention Award 3740 S . Sherman St. Honorable Mention Award 3742 S. Sherman St. Honorable Mention Award 4045 S. Elati St. Honorable Mention Award • 2875 S . Delaware St .. Honorable Mention Award 3315 S . Grant St. Honorable Mention Award • I • 0 3 • • • ORDINANCE NO._ SERIES OF 1999 ... ,. .,,--. • • - BY AUTHORITY • ,. .. COU. CIL BILL :-JO . 77 INTROD UC ED BY COUNC IL MEMBER NABHOLZ AN ORDINANCE AMEND!. 1G TITLE 16 . CHAPTER 4. WITH THE ADDITION O F A NEW SECTION 24, ENTITLED HISTORIC PRESERVATION . TO THE ENGLEWOOD MUNICIPAL CODE 1985 . WHEREAS . there are certam buildings. structures or areas within the City of Englewood which are of historical significance to the City , State or Country ; and \\ HEREAS . such build.ings , structures or a r eas deserve s pecial recog ruu on as examples of the City 's heritage: and WHEREAS , s uch buildings. s tructures or a r eas frequently need cos tl y rep a ir or maintenance: and WHEREAS , because certain funds require historical designation m ord e r to provide renovation grants; creating a method to make s uch de si gn a tion will he lp prese rve these significant historical structures and districts for future generations : NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO . AS FOLLOWS : Sectjon l. The City Council of the City of Englewood . Colorado hereby amends Title 16 , Chapter 4 . by with addition of a new Section 24 , entitled Hi s t oric Prese rv ation . of the Englewood Municipal Code 1985 , which s hall read as follow s: 16-4-24: HISTORIC PRESERVATION: A. PURPOSE . THIS CHAPTER ESTABLISHES HISTORIC AREAS AND LANDMARKS FOR THE EDUCATIONAL . CULTURAL AND ECONOMI C BENEFIT OF ENGLEWOOD CITIZENS . DUE TO VARIOUS PRESS URES THAT MAY RES ULT IN THE DESTRUCTION. IMPAIRMENT. OR ALTERATION OF HISTORIC RESO URCES WHICH REFLE CT ELEMENTS OF ENGLEWOOD 'S CULTURAL AND ARCHITECTURAL HERITAGE . IT WILL BE THE POLICY AND RESPONSIBILITY OF THIS SECTION TO : 1. PRESERVE AND PROTECT BUILDINGS . STRUCTURE. SITES AND AREAS THAT ARE REMINDERS OF PAST ERAS , EVENTS . AND PERSON(S ) IMPORTANT IN LOCAL . STATE OR NATIONAL HISTORY ; WHICH PROVIDE SIGNIFICANT EXAMPLES OF ARCHITECT URAL STYLES OF THE PAST ; ARE LANDMARKS IN THE HISTORY OF ARCHITECTURE : WHICH ARE UNIQUE OR IRREPL.\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 SIGNI.FICANT . -l - • ' ' ... ~ . 10 bi I • 0 - • • • .. • • ... • • " ... BE SUFFICIENT TO COVER THE COSTS OF PUBLICATION , NOTICE . RECORDING COSTS , ADMINISTRATIVE COSTS. AND OTHER CHARGES INCURRED IN THE COURSE OF PROCESSING THE APPLICATION . THE APPLICATION FEE SHALL BE ESTABLISHED AND THEREAFTER AMENDED BY RESOLUTION OF THE CITY COUNCIL. 2 . PLANNING AND ZONING COMMISSION REVIEW : a. THE PLANNING AND ZONING COMMISSION SHALL SCHEDULE A PUBLIC HEARING ON THE APPLICATION NO MORE THAN THIRTY (30) DAYS AFTER THE SUBMISSION OF THE APPLICATION. b. THE PLANNING AJ.\ID ZONING COMMISSION SHALL REVIEW THE APPLICATION FOR CONFORMANCE WITH THE ESTABLISHED CRITERIA FOR DESIGNATION Al':D WITH THE P U RPOSES OF THIS SECTIO c. COMMISSION SHALL RECOMMEND APPRO\'AL, MODIFICATION AND APPROVAL OR DISAPPR O\'AL OP THE APPLICATION. COMMISSION MAY RECOMME;-..ro CONDITIONAL APPROVAL U PON THE EXECUTION OF CERTAIN EASEMENTS , COVENANTS. OR LICE'.'JSE S . d . THE FINAL DETERMINATION WILL BE MADE BY CITY COUNCIL. 3 . LIMITATION ON RESUBMISSION AND RECONSIDERATION OF PROPOSED DESIGNATION : WHENEVER THE CO~.MlSSJON DISAPPROVES A PROPOSED DESIG'.'JATION . '.'JO PERSO N S HALL SUBMIT AN APPLICATION THAT IS THE SA.\1E OR SUBSTA'.\/TIALLY THE SAME FOR AT LEAST ONE (1 ) YEAR FROM THE EFFE CTIVE DATE OF THE FINAL ACTION ON THE DENTED APPLI CATION . D . CRITERIA: 1. ALL BUILDINGS, STRUCTURES OR DISTRICTS : THE PLANNING AND ZONING COMMISSION SHALL USE THE FOLLOWING CRITERIA TO DETERMINE WHETHER A BUILDING , STRUCTURE OR DISTRICT HAS ARCHITECTURAL OR HISTORIC SIGNIFICANCE : a. ONLY BUILDINGS OR STRUCTURES WHICH HAVE BEEN IN EXISTENCE FOR AT LEAST FIFTY (50) YEARS, OR DISTRICTS IN WHICH THE MAJORITY OF STRUCTURES HA VE BEEN IN EXISTENCE FOR AT LEAST FIFTY(50) YEARS MAY BE DESIGNATED; IN ADDITION : SUCH BUILDING. STRUCTURE OR DISTRICT MUST ALSO MEET ONE OF THE FOLLOWING CRITERIA: i. A BUILDING , STRUCTURE OR A MAJORITY OF STRUCTURES WITHIN A DISTRICT WHICH HAVE SOME CONNECTION TO EVENTS OR PERSONS SIGNIFICANT TO THE HISTORY OF THE CITY OF ENGLEWOOD . ARAPAHOE -3- ., I· 0 - • • • .. • • • .. COUNTY . THE STATE OF OLORADO . OR THE C '.'1:lTED STATES : OR ii. A BUILDING . STRCCT 'RE OR A GROCP OF STRCCTURES WITHIN A DISTRI CT WHICH D1B0DY DISTINGl:ISHING CHARACTERISTICS OF A'.'l ARCHITECTL'RAL TYPE INHERENTLY VALCABLE FOR A S T CDY OF A PERIOD , STYLE. METHOD OF CO'.'JST RliCTIO !',;. O R OF INDIGENOUS MATERlALS OR CRAFTS'.\tANSHIP : OR iii. A BUILDING , STRUC TU RE OR A G RO U P OF STRUCTURES WITHIN A DISTRICT WHICH EXE'.\1PLIFIES OR REFLECTS THE BROAD CULTURAL. POLITICAL. ECONOMIC OR SOCIAL HISTORY OF THE CITY OF E!l:GLEWOOD. ARAPAHOE COUNTY. THE STATE OF CO LORAD O. OR THE UNlTED STATES ; OR iv. THOSE BUILDINGS. STRUCTURES OR DISTRI CTS WlTHIN THE CITY WHICH ARE LISTED IN THE NATIONAL REGISTER OF HISTORIC PLACES SHALL BE co:--S TRUE D AS HAVlNG LOCAL HISTORIC DESIGNATION . A:-:D SUBJECT TO THE S~'v!E PROVlSIONS AS A:-..'Y LOCAL HISTORIC BUILDING. STRUCT U RE OR DISTRI CT . 2 . DISTRICTS : THE PLANNING AND ZONI NG COMMISSION SHALL USE THE FOLLOWING ADDITIONAL CRITERIA TO DETER'.\UNE WHETHER A DISTRICT HAS ARCHITECTU RAL OR HISTORI C SIGNlFICANCE: a . SIGNlFICANCE IS DETERMINED BY APPLYING THE CRITERIA OF SUBSECTION 1, OF THIS SECTION TO THE PATTERN(S) AND UNlFYING ELEMENT(S). b . NOMINATIONS WILL NOT BE APPROVED UNLESS THE APPLICATION CONTAINS WRITTEN APPROVAL FROM THE OWNERS OF AT LEAST TWO-THIRDS (2/JRDS) OF THE PROPERTIES WITHIN THE DISTRICT BOUNDARIES. c. PROPERTIES THAT DO NOT CONTRIBUTE TO THE SIGNIFICANCE OF THE HISTORIC DISTRICT MAY BE INCLUDED WITHIN THE BOUNDARIES SO LONG AS THE NONCONTRIB UTING ELEMENTS DO NOT NOTICEABLY DETRACT FROM THE DISTRICT'S SENSE OF TIME . PLACE AND HISTORICAL DEVELOPMENT. NONCONTRIB UTING ELEMENTS WILL BE EVAL UATED FOR THEIR MAGNITUDE OF IMPACT BY CONSIDERING THEIR SIZE, SCALE , DESIGN , LOCATION, AND/OR INFORMATION POTENTIAL . d . DISTRICT BOUNDARIES WILL BE DEFINED BY VlSUAL CHANGES. HISTORICAL DOCUMENTATION OF DIFFERENT ASSOCIATIONS OR PATTERNS OF DEVELOPMENT. OR EVlDENCE OF CHANGES IN SITE TYPE OR SITE DE NS ITY AS ESTABLISHED THROUGH TESTING OR SURVEY . -4- • ... \ . I . 0 • • ,,.-· . • • - e . WHEN DISTRI CTS ARE DESI GNA TED . APPLICABLE DESI GN GUI DELI NES AND OTH.ER APPROPRIATE RESTRICTIO NS l\1AY BE INCL UDED AS PART OF THE DESIGNATIO N. f. THE DISTRI CT COU LD BE EXEl\lPT FROM THE AGE STANDARD IF THE OTHER SIGNIFI CAN T CRITERIA ARE FO UND EXCEPTIO NALLY IMP ORT A. T. Sectjon 2 . The Englewood Ci t y Co uncil h e r eby a me nds T itle 16. Ch a pte r 8. Section 1. of the Englewood Municipal Co de , 1985 . "'1th t he a ddition of the fo ll owing defirutions, in alphabetical, orde r to t he definit10n s as follows: 16·8-l : DEFINITIONS: B. DEFINJTJO:,.;S : HISTORI C DISTRICT : HISTORIC BUILDING OR STRUCTURE A GEOGRAPHICALLY DEFINABL E AREA THAT PO SS ESSES A SIGNIFICANT CO '.'l CE NTRATION . LINKAGE OR CON TIN C ITY OF SITES. BUILDJ::--:G S . STRC CTC RE OR OBJECTS U::-.lTED BY PA , T EVENTS OR AESTHETICALLY BY PL.\N OR PHY S ICAL DEVELOPME:,,JT . AB ILDING OR STR CC TL'"RE DESIG NA TED BY CITY COCNCIL . TH.AT IS WORTHY OF REH.ABILIT . .\TIO:,.;. RE STORATI ON A:-STD PRESER\'ATI ON BE CA SE OF ITS CU LT 'RAL. ARCHITECTURAL AND /OR HIST O RI CAL SIG!\ilFI CANCE TO THE CITY . Section 3. Safety Clauses The City Council, here by find s, determines. a nd declares that this Ordinance is promulgated under the general police power of t h e City of Englewood , that it is promulgated for the hea lth , safet y, and welfare of t h e public. and that tlus Ordinance is necessary for the preserva tion of health a nd safety and for the protection of public convenience a nd we lfare . The City Council fun.h er determines that the Ordinance bears a rational r e lation to the prope r legislative object sought to be obtained. Section 4. Severahility If any clause. sentence , p a ragra ph. or part of t his Ordinance or the application thereof to any person or circumstances s hall for a ny reason be adjudged by a court of competent jurisdiction invalid . s uch judgment s hall not affect impair or invalidate the remainder of this Ordinance or its application to other persona or circumstances. Section 5 Jngmai,at,:nt Qnliuam:es All other Ordinances or portions thereof incons1Stent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. 0 I • 0 - • • • .. • --., • .. '1 .. .. .. .. ' .... • -.. ... .. Section 6 . Effect of repeal or modjfication The repeal or modification of a n y provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify , or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree . or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Sect,jon 7. feDa.lll. The Penalty Provision ofE.M .C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 15th day of November. 1999 . Published as a Bill for an Ordinance on the 19th day of November, 1999. A Public Hearing was held on the 6lh day of December, 1999. Read by title and passed on final reading on the 20th day of December. 1999. Published by title as Ordinance No .~ Series of 1999, on the 24th d ay of December, 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A . Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the Ci ty of Englewood , Colorado, hereby certify that the above and foregomg is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . ~ Series of 1999 . Loucrishia A. Ellis -6- ' . \, . •, • . ... ') I • 0 32X • ORDINANCE NO. SERIES OF 1999 "· .. .. ~ ,,-- • ' • - BY AUTHORITY ' COliNCIL BILL NO . i8 INTROD UC ED BY COUNCIL MEMBER GARRETI AN ORDINANCE AUTHORIZING AN INTERGOVERNME:-ITAL AGREEMENT ENTITLED "FIRST AMENDED INTERGOVERNMENTAL AGREEME~"T FOR THE ESTABLISHMENT OF AN EMERGENCY COMMUNICATIONS SERVICE AUTHORITY" BETWEEN BENNETT FIRE PROTECTION DISTRICT. TOWN OF BOW MAR, BYERS FIRE PROTECTION DISTRICT. SOt.;TH METRO FIRE RESCU E . CITY OF CHERRY HILLS VILLAGE . COLUMBINE VALLEY . C NNIKGHAM: FIRE PROTECTION DISTRICT, TOWN OF DEER TRAIL. DEER TRAIL FIRE PROTECTION DISTRICT, CITY OF FOXFIELD, CITY OF GLENDALE . CITY OF GREENWOOD VILLAGE , CITY OF LITTLETON, LITTLETON FIRE PROTECTION DISTRICT, PARKER FIRE PROTECTION DISTRICT. RATTLESNAKE FIRE PROTECTION DISTRICT, SABLE-ALTURA FIRE PROTECTION DISTRI CT . CITY OF SHERIDAN, Sh.'YLINE FIRE PROTECTION DISTRICT, STRASBURG FIRE PROTECTION DISTRICT, UNJTED FIRE DISPATCH AUTHORITY AND THE C ITY OF ENGLEWOOD, COLORADO PERTAINING TO THE ARAPAHOE COUNTY E- 911 EJ\-lERGENCY TELEPHONE SERVICE AUTHORITY. WHEREAS, m 1988 the parties entered into an intergovernmental agreement (]G A) for the establishment of the Emergency Telephone Service Authority wluch established the Arapahoe County E-911 Emergency Telephone Service Authority : and WHEREAS , m 198 the IGA wa s entered into pursuant to the authonty granted by Section 29-1-203, C .R .S . and Section 29-11-104(1), C .R .S .: and WHEREAS . due to changes m fact , circumstances, technology and the law s mce the parties entered into the 1988 [GA , the parties to this intergovernmental agreement wish to amend the 1988 !GA to comport with Color ado law and carry o ut the purposes and intentions of the parties to the agreement; and WHEREAS. this Agreement establishes a separate legal e ntity known a s the "Arapahoe County E-911 Emergency Communications Service Authority·· which s hall be responsible for administering the installation, operation. maintenance, upgrade and enhancement of emergency communications s ervices to the parties of tlus agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $es;tion 1. The "First Amended Intergovernmental Agreement For The Establiahment Of An Emergency Communications Service Authority·• attached hereto as "Exhibit A ," is hereby accepted and approved by the City Council of the City of Englewood, Colorado. -I - ' ' ' ... .. 10 b ii I • 0 - • • t, .. ... . . • • • • .. • I • ... Sectjon 2. The Mayor is authorized to execute and the City Clerk to attest a nd seal the uFirst Amended Intergovernmental Agreement For The E stabliBhm ent Of An Emergency Communications Service Authority .. for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 6th day of Dece mbe r . 1999. Published as a Bill for an Ordinance on the 10th day of December, 1999 . Read by title and passed on final reading on the 20th day of December, 1999. Published by title 88 Ordinance No. ~ Series of 1999, on the 24th day of December, 1999. ATTEST: Thomas J . Burns, Mayor Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title 88 Ordinance No . ~ Series of 1999. Loucrishia A. Ellis -2- ',;,• .. .. • I I • 0 3 X • • p ,,,.-· • .. .. .. • -' ... FIRST AMENDED INfERGOVERNME1'1TAL AGREE\(E;\11 FOR THE EST . .\.81.ISHMH-.T OF AN EMERGE'.'ICY COMMUNICATIONS SERVICE AUTHORJTI' This First . ..\mended Intergovernmental . .\gree ment for the Establishment of an Emergency Communications Senice ..\uthonty (the "Agreement ") is made and entered into this day of 1999 , by and between the following public entities which shall collectively be referred to as the "Parties ': ..\R.\PAHOE COU1\TI·. a body corporate and politic ("County'); BE:S.~ETT FIRE PROTECTIO'.\" DISTRICT, a Special District ("Bennett"); TOW'.\i OF BO W l\HR, a municipa l corporation ('Bow \far"); BYERS FIRE PROTECTION DISTRICT , a Specia l Distnet /"Byers "); SOUTH \fETRO FIRE RESC U E. a public entity ("South ~etro"); c1n· OF CHERRY HILLS VILL.\GE. a mun ici pal corporation ("Cherry Hills "); COLUMBl'.\/E V . .\LLEY , a mun ici pal corporation ("Columbine Valley "); CUJ\'NINGHA~ FIRE PROTECTIO:\ DISTRICT , a Special D1stnc· (C unnin gham "); TO\\"°'.'\ O F DEER TRAIL. a municipal corporation ("Deer Trai l"); DEER TR..\IL FIRE PROTECTIOi\ DISTRICT , a Special District ("Deer Trail Fire "); CITI" F E:\GLE\\"OOD, a municipal corporation ("Englewood'); CITY OF FOXFIELD , a municip a l corpo rati o n r·'Fo xfi e ld "'l: Ci n · OF GLE:\"DALE, a municipal corporation ("Glendale "); c1n· O F GREE~1 ,· D \"I LL \G E. a mur11c1pa l corporat io n "Greenwood \"illage ··); CITY OF LITT E 0 :\. a munici pa l cor. o rati o n ("Littleton ··); LITTLET01' FIRE PROTECTIOl\ DISTRICT. a Speci a l D1 tn c <"Lm le to n Fir e "); PARKER FI RE PROTECTIO'.\" DISTRICT. a Spec ial Distnet ( Parker "): R..\TT LES :\ . .\!s !: FIRE PROTECTION DISTRICT ("Rattlesnake Fire "); SABLE-ALTt..:R..\ FIRE PROTECT! :\ D ISTR ICT , a Special District ("Sabl e-Altura''j ; CITY OF SHERIDA:\, a mur11 c1pa l cor porat ion ("Shendan 'l ; SKYLINE FIRE PROTECTI0:'\1 DISTRICT , a Special District ("Sky li n e "); and STR..\SBCRG FIRE PROTECTION DISTRICT, a Special District ("Strasburg "). C '.\"I TED FIRE DISP . .\TCH Al.,THORITY. Wll:';'"ESSETH: WHEREAS . pursuant to §29-11-10-Hl ) of the Colorado Re,·ised Statutes rC.R .. ). as amended . the Parties are authorized t o enter into agreements fo r th e purpose of pro,·1ding emergency communications sen·i ces ; and. V\IHEREAS, the Colorado Constitution , Arti cle XIV , Sect ion 18 and §2 9 -1-201 , C.R.S . ~ gg. provide for and encourage political subdh·isions of the State of Colorad o to make th e most efficient and effecti\'e use of their powers and responsibil itie s by coopera nng and contracting with each other; and WHERE..\S , §29-1-203 , C.R .S., as amended, authorizes an y political subd1nsion or agency of the State of Colorado to cooperate or contract with one another to provide any function , service. or facility lawfully authorized to each of the cooperating o r contracting entities, including the sharing of costs , imposition of taxes, or incurring of debt. WHERE..\S , in 1988 the Parties entered into the Intergovernmental Agreement for Establishment of the Emergency Telephone Service Authority (the "1988 IGA ") which established the Arapahoe County E-911 Emergency Telephone Service Authority. The 1988 IGA was entered into pursuant to the authority granted by §29-1-203 , C.R.S . and §29-11- 104(1 ), C.R .S. {0020'6 79 :ioc .:; • ~ X H I • I T A •, I· 0 J • • '- -. .. • ,,.-. • : ..... ,. ·, • -.. ' ~ WHEREAS , due to changes in fact , circumstances, technology and the law since th e parties entered into the 1988 !GA, the Parties to th is Agreement wish to amend the 1988 JG . .\ to comport with Colorado law and carry o ut the purposes and intenti ons of the Parties to this Agreement. WHEREAS , the Parties intend by entering into thi s . .\greemen t that th e . .\uth o nty hereby created shall fall within the definition of a 'public entity" under th e Colo rad o Governmental Immunity Act , 24-10-101 C.R .S., and 'nonprofit o rganization " un der the Volunteer Service Act §§13-21-115 .S, 13-21-115.7 and 13 -21-116 , C.R.S . NOW, THEREFORE , in consideration of the mutual promises and co,·enant o ntamed herein , the Parties agree as follows : I. SUPERSEDlNG . .\LL PRIOR . .\GREHIE~TS The Parties agree that . upon executi on, th is Agreem e nt supersedes a ll pnor representations an d unde rstandin gs between th e Part ies , whethe r wri t t en o r oral. includm but not limited to the 1988 IGA . II. DEFJNITIO . S The definitions for the terms "emergency teleph o n e charge." "emergency teleph o ne service ," "exchange access facilities ," "governing body ," 'public a ge n cy ," "serYice suppli er.' "service user ,' "wireless communications access ," and 'wir eless carrier" a s used in th is Agreement shall be the same as the definiti ons fo r th ose terms set fo rth in §29-11 -100. ·. C.R.S. as amended. The t e rm "e m e rgen cy communications services ' shall m ean any fo rm o i emergency communica tion which the . .\uthority facilitates o r pronde to the Pa rtie s, and incl ude but 1 n o t limited to, emergency telephone serYices , wirel ess communications access . and other developing technologies used for communicati ons purposes. III . ESTABLISHMENT OF THE . .\RAPAHOE COL1'.TY E-911 EMERGENCY COMMUNICATIONS SERVICE . .\UTHORITY Th e Pa rt ies hereby esta blish a separate lega l entity t o be kn own as the 'Arapahoe County E-9 11 Em e rgen cy Communications Service . .\utho rity ' (th e 'Aut hority') which shall be resp o nsible for admin is tering the installation , operatio n . maintenance. upgrade and enhan ceme nt of emergency co mmunications services to the Parties . The Authority is a nonprofit public entity established pursuant to §29-1-203 . C.R.S . and §29-11-100 .5 , C.R .S., g_t ~-and in conformance with th e Colorado Gove rnmental Immunity Act , 24-10 -101 C.R.S., g_t ~-and the Volunteer Service Act §§13-21-115 .5, 13-21- 115 .7 an d 13-21-11 6, C.R.S. JO c C66 '9 ~OC ;ll 2 .. . ' ' . I • 0 .. ~ ..--· .\ • ... • -' The Pa rties agree that the Auth o rity is an independent, legal entity sepa rate and distinct from the Parties and their respective members . The boundaries of the Part ies and their respective members , as they may from time to time be changed, shall comprise the jurisdicti o n of the Authority. IV. ESTABLISHMENT OF . .\UTHORITY BOARD 1. Governing Board. The Authority shall be governed by a Board of Direct o rs, which Board shall have the power to perform all acts necessary . whether express o r implied , to fulfill the purpose, and to provide the functions , serYices and facilitie . fo r w hich the Authority was formed . 2 . Composition of Board . The . .\uthority shall be go ve rned by a Bo ard of Directors (the "Board ") consisting o f five (5 ) members to be selec ted in th e follo win g manner: a. Two members sh all be selected by the County Commi sioners to represent law enforce m ent , fr o m a list o f nominees su bmitted by cities. tO\\'llS and the County Sheriff, but eac h such enti ty may submit n o more han one n o minee ior each vacancy; b . Two members shall be selected by th e o unty Comm issi o ner to represent fire protection and emergency medi al services from a list of n ominee s submitted by fire protection districts and fi re departments. but each such e nti ty ma~· submit no more than one nominee for each vacancy; c. One member shall be selected by the Board of County Comm issioners: d . Members may be appointed to sen·e consecuti ve term s on the Bo ard. The terms of all members shall be for two (2 ) years and shall be staggered in e\·e n and odd years. One member from law enforcement and one member from fire protect io n and emergency medical sen·ices shall be appo inted to the terms of office co mmencing in even years, the other member of law enforcem e nt and the other member of fire protection and emergency medi ca l services shall be appointed for the terms of office commencing in odd years; and , e . Each member of the Boa rd shall serve without compensation . 3 . Voting and Quorum. Each member of the Board shall haw one ( 1) vote . A quorum of the Board shall consist of three (3 ) members, except that, should th ere be three (3) or more vacancies at any time, then , during that time only a quorum shall consis t of nvo members. No official action may be taken by the Board on any matter unless a quorum is present. The affirmative vote of a majority of the Board members present at the time of the vote shall be required for the Board to take any action . 4. Bylaws. The Board shall adopt Bylaws as necessary for the conduct of the Authority so long as such Bylaws are not in conflict with the provisions of this Agreement, or Federal or State law. The Bylaws shall include, but are not limited to, procedures for { 00206679 .DOC , l ) 3 ., ' .. ' t ) I • 0 .] • • -. .. ~ ,--- -l • l ·~ ... .. .. -. • ' -.. ~ appointment of officers of the Board as necessary to conduct the affairs of the . .\uthority and shall contain provisions allowing for amendment of such Bylaws. 5. Meetings. a . The Board shall hold a regular meeting every two m o nths . at such time and place as the Authority shall decide and may. upon the ca ll of the Chairperson o r of any three Board members, hold special meetings . An y regular meeting may be canceled by a simple majority of the Board , or by the Chairperson for good cause. b . All regular meetings and special meetings held by the Board and anv subcommittee meetings of the Board where public business is discussed or at which formal action may be taken , shall be subject to the Colo rad o Sunshine Act of I 972 , pursuant to C.R.S. 24-6-401 ~ ~--as amended . ~otice of all re gular m eet ings and special meetings shall include the meeting agenda and shall be posted in one ( l ) or more public places as the Board may designate from tim e to time no less than 24 hours prior to the meeting. The postin g shall include specific agenda info rmati o n where possible . c. The Boa rd shall keep minutes of its pro ce edin sh o wmg th e pr e ence or absence of each Board membe r and the vote of each member upon ewry m o t io n . Failure to vote and any abstentions shall be noted in the minute . V. POWERS OF THE AllTHORIIT BOARD 1. Plenary Powers. Except as otherwise limited b y this Agreement . th e Authority, in its own name and as provided here in . shall exercise all powe rs Iawfull v authorized by the Parties pursuant to Section 29-1-203 C.R.S. and §29-11-100.5 , C.R.S ., ~ ~-. as amended, including all incidental, implied. expressed o r such other powers as necessary to execute the purposes of this Agreement . The Auth ori ty shall act through its Board , officers and agents as authorized by this Agreement and the Bylaws and Rul es and Regulations of the Authority. The Authority shall not have the p o wer to levy taxes on its own behalf or on behalf of any Contracting Parry. 2. Enumerated Powers . The Authority is authorized to undertake all actions reasonabl y necessary for the installation , operation and maintenance of emergency communications services within the Authority's jurisdiction . and which th e Authority believes are necessary to carry out the intent and purpose of thi s Agreement , including but not limited to: a. Imposing, and assuring the collection of, an emergency telephone charge in the amount and manner provided by §29-1-203 , C.R.S. and §29-11-102 & 103 , C.R.S ., as amended, or as may in the future be amended . This charge may be imposed and collected from land based and wireless carriers, as well as from any other communication service provider as authorized by §29-11-102. C.R.S . ~ ~-and any future amendment thereto; {oo :J6 ,>9 :,o c .1 } 4 • , . \ ' .. I • 0 - • • .. • • - _\ .. ' . b . Acquire , hold, lease (as Lessor or Lessee ), sell , or otherwise dispose o f any legal or equitable interest in real or personal property in connection with the installation , operation and maintenance of the emergency communications services : c. To enter into, make and perform contracts and agreements w ith other Federal , State or local governmental, non-profit and pri\·ate entities w h ich are reasonabl y necessary for the acquisition , repair o r mainte nan ce of eq uipment, or the installation , operation or maintenance of the emergency commun ications services ; d , To employ agents, accountants, attorneys . engineers . consulta nts and other individuals and entities as the Authority deems necessary for the perfo rman ce of its obligations under this Agreement ; e _ To conduct the business and affa irs of the Auth o rity ; f. To incur debts. liabi litie s, o r obligati o n s t o th e exten t an d in th e manner permitted by law , borrow money and from time to time . to make, accept , endorse , execute , issue and d eliwr notes and o t her obli ga t ions o f th e Auth o rity for monies borrowed, or in payment fo r p ropertY acq u ired , o r for any of the oth e r purposes , services or functions authori ze d by th is . .\gree m en t ; a n d as pro\·ided by law , and to the extent permitted by law , to se cure the pa yme nt o f an y . .\utho ri ty obligat io n by mortgage. pledge, deed. indenture. agreeme nt , o r o th e r collateral instr ume nt , o r by lien upon or assignment of all or any part o f the properties, rights , assets . co ntra ct. easements, revenues and privile ges of the Authority except that no debt . liabilit y . o r obligation shall extend to or be an o bligati on of any contracting party unl ess pr o perly authorized by such contracting party and agreed to in writing; g. To own, operate and maintain real and personal property and facilities individually or in common with others. and to conduct joint, partnership . cooperative or other operations with other individuals and entities, and to exerc ise all powers and authority incident thereto and authorized by this Agreement ; h . To sue and to be sued in its own name ; i. To adopt and amend from tim e to time, by resolution, Bylaws and Rule s and Regulations as th e Board deems necessary and appropriate for the exe rci se of th e powers granted , and performing the obligations imposed , b y this Agreement; j. To receive contributions, gifts , bequests, grants, cash , equipment or services from the Parties or any other public or private individual or entity for the furtherance of the intent and purpose of this Agreement, and the Authority's performance of its obligations under this Agreement ; k. Negotiate and enter into agreements with equipment vendors, suppliers and service suppliers for the acquisition or maintenance of equipment, and for the purpose of obtaining the benefit of technological developments which the Authority { Oo::?06679 DOC ; l } 5 • ., ) I • 0 • • • • •,, • - .. ... . ' deems necessary to improve or enhance the quality and efficiency o f emerge n cy communications services to the Parties; and , I. Any other act or service which the . .\uthority believes is reas o nably necessary for the exercise of its powers , and the performance of its o bl ig ati o n s. u n d er this Agreement . VI. RULES . .\1'11) REGUL\TIONS The Authority Board may promulgate and adopt rules , regulation s, policies an d procedures which the Board deems necessary to carry out the intent and purposes o f th1 Agreement , and to exercise the Authority's powers and perform the Authority's obligatio ns . under this Agreement. After their initial adoption , the rules . regulati o ns , po li cie s an d procedures may be modified or amended . provided any such modificati o n o r am e ndm e nt: (a ) is approved by a majority ,·ote of the Board : (b l is consistent with th e pur pose and intent of this :\greement; (c ) is not in conflict with any of the pro,·isions o f thi s . .\greem ent ; and (d ) is in co m p lian ce with any and all applicable State and federal law s. VII. TECH:'\IC\L ADVISORY co~~IITIEE The Authority shall create a Technical AdYis o ry Committee. Each Co ntractin g Pa rty may have a representative on the Committee. The Co mmittee members shall elect thei r o wn chairperson . who will be responsible for settin g meet ings and conducting the business o f t he Committee. The Committee shall sef\·e in an adviso ry capacity to the . .\uthoritY Board . The Committee shall make recomme ndati o ns to the Board regardin g the de sign. equipment selection, installation, maintenance , enhancement and continued operati o n o f the emergency communications service . The e re comm endations shall be based upo n th e needs of the Parties . This Committee shall have no auth o rity to in c ur any e xpe nse or to co mmit any fund s of the Authority or any Contracting Party . VIII. CHARGES TO BE IMPOSED BY THE . .\UTHORITY The Parties agree that the Authority may establish a charge fo r e m e rg e n cy communications services up to the amount authorized by §29-11-100.5 , C.R .S., ~~-,as amended from time to time. Said charge shall be assessed on a uniform bas is for all Parties within the Authority 's jurisdiction . The Authority shall not establish a charge in excess of the amount authorized by §29- 11-102, C.R .S., as amended from time to time, unless the Authority : 1) first obtains appro,·al by two-thirds (2 /3) of the Parties; and 2) obtains approval from the Public Utilities Commission pursuant to §29-l l-l02(2 l(b ), C.R.S ., as may be amended from time to time . The Authority may invest funds received from any source in accordance with the laws of the State of Colorado for investments by a public entity. 6 . ' I • 0 .. ~ ,,-. , • ··.-,. . . . , • . ' • .. IX. USE OF FUNDS · CONTRIBUllONS The Authority shall use the funds generated by the charges imposed by Section VIII. abo\·e, and all funds received by the Authority from any o ther source. to pay for the costs of acquiring maintaining, upgrading and enhancing equipment related to providing emergency communications services, and /or the installation , operatio n. maintenance. upgrade and enhancement of emergency communications sef\·ice , including, but not limited to, administrative costs of the . .\uthority, in accordance with , and a authori zed by. §29-11-10-1, C.R .S .. as amended from time to time . No disbursement shall be made from the fund s o t the . .\utho rity with o ut appropriate supporting documents in the form of receipts, im·o1ces o r other d ocuments generally considered sufficient under GA..\P . The Authoritv mav carrv o\·er funds which ha\·e n o t been used in J i\·e n fi c al war to the following fiscal· yeai . '.\iothing in this Section IX shall pre \·e nt t he . .\uth o nt~· fr o m returning any surplus funds to the Parties , based upon th e indi\·1d ual ContrJct in g Party's contributions to the Autho rity dunn th e ye ;ir in wh ich the surplus I incu rr e d , o r 1f contributions ha\·e not been made in thJt year. based upo n t h e num bt'r 0 1 e x h ;in ge access facilities which that Party h;is w ithin the Auth o rity wh e n co mpa red w ith th e totJI number of exchange access facilities withm the Auth o rity. Pursuant to §2 9 -11-1 0 -1 13 ), ·.R.-.. to th e extent any of these surplus fund are deri\·ed from e mergency te le ph o n e e f\Ke c harges imposed pursuant to §29-11-102 . C.R.S. Such funds can be distribute d t o the o ntract111 g parties only if the emergency telephone sef\1ice is discont inued . X. BOOKS A1'D RECORDS The . .\uthority shall pro \·i de fo r the keeping of accurate and corre ct books of account on a modified accrual ba sis 111 ac o rdance with GA..\P , sh o wing in detail the capital costs, costs of ser\·ices , installation , mamtenance and operating costs, and the iinancial transacti o ns of the . .\uthoritv. The Auth o ritv's boo ks of account shall correctlv show arw and all revenues, costs , or charge·s paid to or to be paid by each of the Parties , and ·all funds re cei\·ed by, and all funds expended by, the Authoritv . The Authority's books and records ·hall be open to inspection during normal business hours upon reasonable notice by th e Parties, their attorneys accountants or agents. The books and records of the . .\uthority shall also be made available to the public in accordance with provisions of §2-1-72-201 , C.R.S. ~~-(the "Open Records Act"). XI. AUDITING AND REPORTING The Authority shall cause an annual audit to be conducted by an independ e nt Certified Public Accountant licensed to practice in the State of Colorado. The . .\uthority shall provide a copy of the annual audit to a Contracting Party upon request. The Authority shall comply with the provisions of §29-1-601, C.R.S. ~ ~ .. as may be amended from time to time . The Authority shall comply with all Federal and State financial reporting requirements. ( 00206679 . DOC ; l ) 7 .. ... I • 0 - • • • .. ,, ---., • )• ... .. .. • -' ... ~ XII. ASSETS OF THE AlITHORITY l. Assets. Any assets purchased or received by the Authority subsequent to the formation of the Authority shall be owned by the Authority for the mutual benefit of the Parties. Assets purchased with funds of the ,\uthority and o ne or more Parties shall be owned jointly in proportion to the amounts contributed . 2 . Asset Inventory Schedules . The Authority shall maintain an asset inventory list for any and all real and personal property which identifies which Contracting Party contributed the asset , the date of any sale o r o ther disposition of any asset tran sfer red to the Authority, together with the amount of consideration received by the Auth ori ty . The Authority shall maintain a separate inventory list for all real or personal property acquired by the . .\uthority in whole or in part. XIII. DEF . .\VLT IN PERFOR'.\UNCE In the event any Contracting Party fall to comply \\'ith a n y term or con dition of this Agreement, that Party shall be considered in detault of it obl iga t ions und e r this ,\gree m enr. The . .\utho rity shall provide the gowming body of th e Deta ult mg P:i rty w ith n o uce of the default . Notice shall be by certified m ail , return receipt requested . o r hand de li ,·erv. The Defaulting Party shall have thirty (30) days from the date of receipt of the noti ce to cu re the default. A copy of the notice of default sh a ll be sent to all Defa ult ing Part ies . If t he Defaulting Party fails to cure the default within th irty (30) days of receipt of th e n o ti ce o i default , the Authority shall immediately terminate services to the d efa ultin g Party , the defaulting Party 's membership in the Auth o rity shall terminate, and the d e faultin g Party sha ll have no rights whatsoever under the Agreement. In addition , the defaultin g Party shall forfeit all right , title and interest in and to any real and persona l property, or fund s, to wh ich the defaulting Party might otherwise be entitled upon the dissolution of the . .\uth o rity. If t he Authority is in default and fails to correct after the required n o t ice, th e n on-deiaultm g Defaulting Parties may terminate the . .\gree ment immediatel y o r co ntinue the auth o rity and br ing an action to enforce the Authority's obligations. XIV . DURATION OF AGREEMENT This Agreement shall be in effect from the time it is full y executed and shall cont1nue on a yea r to year basi s, unless sooner terminated in accordance with Sec ti o n XV o t th 1 Agreement. XV . WITHDRAWAL. TERMINATION AND DISSOLUTION l. Individual Party 's Withdrawal. Any Contracting Party may withdraw fr om th is . .\uthority and terminate its membe rship unde r this . .\greement by providin g writt en notice to all other Contracting Parties and th e . .\uthority Board at least ninety (90 ) days pn o r to August 1 of that year . Withdrawal from the Authority shall become effective on ,\ugust 1 of the year in which a timely notice of termination is given. A Party which withdraws from the . .\uthority shall retain all right, title and interest in and to any real and personal property which it has contributed to the Authority and which is located within the withdrawing 8 • '· •< ~ I • 0 • ~ ,,.-·· • t,. ~\. • - ' party's jurisdiction; howe,·er , the withdrawing party shall make the property a,·ailable for use by the Authority to the extent necessary for public safety. 2. Termination by Mutual Agreement of the Parties. Upon a two.third majority ,·ate of all Parties. this .-\greement shall be terminated and the .-\uth o rity dissoJ,·ed . The effecti,·e date of termination shall be December 31st of the calendar year in which the two.thirds majority ,·ate fo r terminati on occu rs . 3. Dissolution of Authority . Upon the termination of this .-\greement pursuant to Secti on XV (2) above. the .-\uth o rity Board and Contracting Parties shall take such actions necessary to effect the orderly dissolution of the Authority and winding up of the Authority's operations. All contributions of real and personal property, all rewnues recei ,·ed by th e .-\uth ority . and all assets of the Authority shall be distributed am o n g the entities who were p:uties to the Agreement on the date the vote for termination occurred. The Board shall be responsible for im·entorying the revenues , property and assets of the .-\uthority, making distnbutions to the Parties and winding up the affair of the .-\uthority. Real and personal property wh ich can be identified as being contributed in full b~· a Pa rty , o th er than monetary contrib uti o ns. shall be returned to the Partv which contributed 11. .-\ PartY which has mad e a contributi o n towa rd a jointly owned asset .(as defined in Section XII ) would be enti tl ed to retam o wn ership of the asset upon termination; however. the Party must account to the .-\uth ority for the amount o f the Authority's contribution toward purchase of th e asset upon distribution of the other assets of the Authority. Upon termination. an y revenues deriwd from emerg encv telephone service charges imposed pursuant to §29· J J. JOZ . C.R.S .. will be distributed in accordance with §29·11·!0~(3), C.R.S . Such funds can be distributed to the contracting parties only if the emergency telephone service is discontinued. .-\11 other real and pers onal property, and all contributions and revenues, shall be distri buted pro rata to the Contracting Parti , based upon the number of exchange access facilitie which each Party has within the Authority when co mpared with the total number of exc hange access facilities within th e .-\uth o rity and any o ther adjustments expressly required under this .-\greement. If a Party does not agree to the .-\uth o rity 's division of assets within six (6 ) m o nth from the effective date of termination , the Parti es shall engage in mediatton on all unresolved issues prior to engaging in legal proceedings. In any legal proceeding, the Court may award attorneys' fees, expenses and costs of the proceeding if the Court determines that th e proceeding was necessitated by an unreasonable position . or unreasona ble demands , of a Contracting Party . The rights and duties of the Parties related to apportionment, di\·ision , transfe r and ownership of assets upon termination shall survi,·e terminatio n of this .-\greement. The Parties agree that during the period following the vote to ter minate the Authority, the Authority will continue to provide emergency communications services in accordance with this Agreement until the effective date of termination . (C0206679 . .::0C;l ) 9 ' . ' ' ) I • 0 • • • • I· •' .. • - XVI. LIABILITY OF THE BOARD OF DIRECTORS, omCERS AND EMPLOYEES OF THE .-\UTHORIIY .\ 4 As a nonprofit public entity, the Authority and its directors , officers and employees shall be immune from civil liability in accordance with , and the extent provided by, §2~-10· 101 , C.R.S. ti~-(the Governmental Immunity Act). §13-21-115.5 , 13-21-115.7 and 13-21· 116, C.R.S. (the Volunteer Service . .\ct), as these statutes may be amended from time to time , and any other applicable law. In addition, the Authority shall purchase insurance for the ..\uthority and its Board , officers and employees which insurance will provide reasonable cowrage against any claim , suit or proceeding arising out of or relating to any act or omission under this Agreement . XVII. AMENDMENTS This Agreement may be amended by the two-thirds (2 /3) consent of the Parti es in writing at any time . XVIII. SEVER..\BILITY In the event any provision of this . .\greement is determined to be ille gal o r invalid for any reason, all other provisions of this . .\greement shall remain in full fo rce and effect un less and until otherwise determined. The illegality of any provision of this Agreement shall in no way affect the legality and enforceability of any other provision of this . .\greement . XIX. SUCCESSORS AND THIRD P . ..\RTIES This Agreement shall be binding upon and shall inure to the benefit of the successors of the Parties. This Agreement is not intended to, and does not , inure to the benefit an\· individual or entity who is not a Party to this ..\greement . XX. ASSIGNMENf AND DELEGATION No Party shall assign any of the rights nor delegate any of the duties created by this Agreement without the written approval of two-thirds of the other Parties to this Agreement . IN WITNESS WHEREOF , the contracting parties hereto have caused their representatives to affix their respective signatures hereto, as of the day and yea r hereinafter set forth . {00 2 0 66 79 .~0C ;l } 1 0 ' .. ) • .. .. I· 0 3 - ATTEST : Clerk of the Board APPROVED AS TO FORM: Assistant County Attorney ATTEST : APPROVED AS TO FORM: ATTEST : Town Clerk, Town of Bow Mar APPROVED AS TO FORM: Town Attorney • { 00:?06679 . DOC .: l 11 • .. • -• • • ' COUNTY OF ARAPAHOE, STATE OF COLORADO . \ .. . By : _____________ _ Chairman , Board of Counry Commissioners BE'.\'NETT FIRE PROTECTl01' D ISTR ICT By: _____________ _ TOWN OF BOW MAR By: ___________ _ Mayor, Town of Bow Mar . .. ... ' .. I· 0 32X - ATIEST : APPROVED AS TO FORM: ATIEST: APPROVED AS TO FORM: City Attorney ATIEST: APPROVED AS TO FORM : Town Attorney ATIEST: {00 2 0 66 7 9 .00C ;l ) 12 • .. ~--------:-----------~------.\ • .. • •• ... .,, BYERS FIRE PROTECTION DISTRICT By: ____________ _ CITY OF CHERRY HILLS VILL.\GE By: ____________ _ TOW:-l OF COLUMBINE VALLEY By: ___________ _ CUNNINGHAM FIRE PROTECTION DISTRICT By : ___________ _ ., .. ' .. . ' ', ' I . 0 • . • ,,,-- .\ • -. -~ .. ' .. • . • • .. ... .. APPROVED AS TO FO RM : ATTEST : TOWN O F DEE R T RAIL By: _____________ _ May or Pro Tern A PPROVED AS T O FOR M : Tow n .-\ttorney ATTEST: DEER TRAIL FIRE PROT EC TI ON D ISTRI CT ) By:. _____________ _ APP ROVED AS TO FO RM : ATT EST : C ITY OF ENGLEWOOD e r By:. _____________ _ City Cle rk -I.oocrishia A. Ellis Mayor -'lb::mas J. BUins APP ROVED AS TO FOR~!: City Attorney I· 0 • 13 • 32X • • ATIEST : City Clerk APPROVED AS TO FORM : City Attorney ATIEST : City Clerk APPROVED AS TO FORM: City Attorney ATIEST : APPROVED AS TO FORM : City Attorney { 00206679 .DOC ; l ) 14 .. ' . '-1.· .. . \ • .. '· • . ' ... •• CITY OF FOXFIELD By: ____________ _ Mayor CITY OF GLE'.'JDALE By: ____________ _ ~ayor ) CITY OF GREENWOOD VILL\GE By : ___________ _ I· 0 32X - • • . .\TIEST: Ci ty Clerk APPROVED AS TO FORM : Ci ty Attorney ATIEST : Secretary APPRO VED AS TO FO RM: ATIEST : APPRO VED AS TO FORM : ATIEST : ( 00:06679 . ooc , 1 f I, i !' .. -. 15 • • ,,-- • I • .. • -.. ' .. C ITY OF LI TILET ON By: ___________ _ LI TILETON FIRE PROTECTIO'.'J DI STRI CT By: ____________ _ Presi d e nt PARKER FIR E PR OTECTIO~ DIST RI CT By: ___________ _ RATILES NAKE FIRE PROTECTI ON DISTRICT By: ____________ _ ,. . .. .. '· • • I · .. I ) I . 0 32 I - APPROVED AS TO FORM: ATTEST: APPROVED AS TO FORM: ATTEST: APPROVED AS TO FORM: .-\TTEST : • APPROVED AS TO FORM: • Attorney {00 2 0 6679 .DOC ;l ) • .. -- 16 .\ • .. • -.. .. SABLE-AL TUR.-\ FIRE PROTECTION DISTRICT Cln' OF SHERIDA'.'J SKYLl7'-E FIRE PROTECTION DISTRICT I . 0 32X . ~ -.. . \ • .. ~ .. .. .. . . .. ~ .. • •• I • . .. ATIEST SO UTH \1ETRO FIRE RESC UE APPROVED AS TO FORM: Attorney ATIEST: STRASBURG FIRE PROTECTION DISTRI CT By : ____________ _ APPROVED AS TO FORM : Town Attorney ATIEST: UNIT ED FIRE PROTECTION DISTRI CT By: ___________ _ APPROVED AS TO FORM : ... Attorney I . 0 (0020 66 79 .DOC ;l ) 17 • 32 ·.] • • ORDINANCE NO ._ SERIES OF 1999 I .. .1 • ... • • BY AUTHORITY ... COUNCIL BILL NO. 79 INTRODUCED BY COUNCIL MEMBER GARRETI AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMEJ:>,i"T BETWEEN THE CITY OF ENGLEWOOD AND THE COLORADO DEPARTMENT OF TRANSPORTATION (COOT) FOR THE ABANDONMENT OF SOUTH BROADWAY BY THE STATE FROM U.S. HIGHWAY 285 SOUTH TO THE CITY OF ENGLEWOOD'S SOUTH CITY LIMIT . WHEREAS. the City has maintained South Broadway from U .S. Highw ay 285 south to the City of Englewood's South City limits. including s now r emoval a nd signal maintenance and has been reimbursed approximately $40,000 per year by COOT for this work ; and WHEREAS . in 1998 COOT approached the City reques t i ng that South Broa dw ay , from U .S . Highwa y 285 to Englewood's south City limit be abandoned as a State Highway; and WHEREAS , COOT is actively pursuing eliminating eli gible r oa dw ays from the State Highway System; and WHEREAS , presently south Broadway north of U .S . Highway 285 1s a City street and south of Highway 285 is State Highway 75 ; and WHEREAS, Littleton has agreed to accept a portion of State Highway 75 as part of the Littleton Street System; and WHEREAS , negotiations with COOT included the City's request for their participation in the Broadway Widening project from Yale to U.S . Highway 285 ; and WHEREAS, the negotiations concluded with COOT's commitment to pay one-half of the City's match , not to exceed $370,000, for the Yale to U .S. 285 Broadway Widening project with an additional one time cash payment of $130.000 by COOT ; and WHEREAS , the City Council of the City of Englewood passed Ordinance No. 66 , Series of 1999, authorizing an intergovernmental agreement with CDOT funding the widening of South Broadway from U .S . Highway 285 to Yale Avenue in the City of Englewood ; and WHEREAS, the passage of this Ordinance will authorize an intergovernmental Agreement with COOT for COOT's abandonment of South Broadway from U.S. Highway 285 to the City's south City limit and transferring this section of roadway to the City; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : -I - • 10b iii I • 0 - .... • • .. • --· .\ • ' ... ~1-. . . .. ' ·~ • -' ' ' Sectjon 1. The City Council of the City of Englewood, Colorado, hereby authonzes A "Contract" with the State of Colorado Department of Transportation (COOT) for the abandonment of South Broadway between U.S . 285 and the City of Englewood's south City limit by COOT and the acceptance of this section of South Broadway by 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" with COOT for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 6 ... day of December, 1999. Published as a Bill for an Ordinance on the 10th day of December, 1999. Read by title and passed on final reading on the 20t h day of Decembe r , 1999 . Published by title as Ordinance No ._, Serie s of 1999. on the 24th d ay of December, 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis. City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance pas sed on final reading and published by title as Ordinance No ._, Se r ie s of 1999 . Loucrishia A . Ellis -2- ~. .. 0 I • 0 3 I .. .\ • .. .: .. , • •• .. CONTRACT THIS CONTRACT, madethis __ dayof ________ .19 __ . by and between the State of Colorado for the use and benefit of THE DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "State" or "COOT", and the CITY OF ENGLEWOOD, STATE OF COLORADO, hereinafter referred to as "the City", WHEREAS. required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, by ordinance number ___ . dated--------· 1999 the City indicated to the State their interest in tak ing possession of that port ion of State Highway 75, lying within the City of Englewood from State Highway 285 to the south City limit of Englewood, as shown in Exhibit A, which is attached hereto and incorporated herein . and is hereinafter referred to as the "Abandoned Property" ; and WHEREAS, at their meeting on the State Transportation Commission adopted Resolution TC-__ , which is attached hereto (Exhibit B ) and incorporated herein by this reference . which authorized abandonment of the Abandoned Property. and WHEREAS, the parties desire to enter into this contract to agree upon the conditions of the SH 75 abandonment by the State and acceptance by the City of the SH 75 Right of Way ; and WHEREAS. the parties are authorized to enter into this contract pursuant to the provisions of Sections 29-1-203, 43-2-106, 43-1-110, 43-1-114, and 43-2-144, C .R .S ., as amended and pursuant to the attached ordinance (Exhibit C) from the City . I! X .. I II I T A '· . ' I· 0 32 I • • • .. ,\ • .. .. • •• ' NOW , THEREFORE. it is hereby agreed that: 1. This contract establishes the general provisions for and defines certain responsibilities regarding the State's abandonment to the City of Englewood. State of Colorado and the City 's acceptance of that portion on SH 75 as shown on Exhibit A. Elements of the abandonment and acceptance include the one time payment of $130,000.00 to the City, for the purpose of maintaining the Abandoned Property, following the abandonment to the City . The State payment as described herein, plus the one time 10% match funds. not to exceed $370,000 to be used for the Broadwa y (SH 7 5). US 285 to Yale project No. STU 2854-071, which will be conveyed by a separate contract. shall constitute the total consideration from the State to the City related to the abandonment and transfer of the Abandoned Property . In addition . the State will transfer to the City, other funds in the form of a 10% match. not to exceed $370,000. for the section of Broadway . from State Highway 285 north to Yale Avenue, which will be conveyed to the City by a separate contract as part of the contract for construction of State project no. STU 2854-071 . The State shall also be responsible for the maintenance of the traffic signals at Broadway (SH 75) and Belleview (SH 88). The City will own and maintain the signals located at US 285 (Hampden) and Broadway at the city 's expense . 2 . By Resolution TC-__ dated _______ , attached hereto as Exhibit 8, the State has provided notice of State's abandonment of the SH 75 right of way, as referenced on Exhibit A, within the City . 2 ' ' 0 ... . ' .. · . I . 0 • .. • -.\ • ~, I• .. .. '• . ' • -' ' ' 3 . The City adopted ordinance number __ on ______ . 1999 a copy of which is attached hereto and made a part hereof as Exhibit C . whereby SH 75 , as referenced on Exhibit A within the limits of the City , shall become part of the city 's street system and the sole responsibility for SH 75 within the described limits in the City. including both minor and major maintenance . shall be transferred from the State to the City. The maintenance by the City includes the roadway surface of the bridges over State Highway 285, while the State shall maintain the bridge superstructure . abutments, and retaining walls for the State Highway 285 bridges and US 285 off and on ramps . 4 . This contract is intended as the complete integration of all understandings between the parties . No prior or contemporaneous addition . deletion . or other amendment hereto shall have any force or effect whatsoever . unless embodied herein by writing. No subsequent novation , renewal, add ition . deletion . or other amendment hereto shall have any force or effect unless embodied in a written executed and approved pursuant to the State Fiscal Rules . 5 . This contract shall inure to the benefit of and be binding upon the parties , their successors and assigns . 6. The "Special Provisions" attached hereto are hereby made a part hereof. For the purpose of this contract , the City shall be known as "the contractor" for purpose of the Special Provisions . 7 . To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason. such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any 3 . ., ' . ) I . 0 <J - • • ------------------------.. .\ • • •• .. ' breach of a term hereof shall not be construed as a waiver of any other term , or the same term upon subsequent breach . 8 . It is expressly understood and agreed that the City shall not in any respect be deemed an agent of the State. .. 9 . It is expressly understood and agreed that enforcement of the terms and conditions of this contract, and all rights of action relating to such enforcement , shall be strictly reserved to the City and the State , and nothing contained in this contract shall give or allow any such claim or right of action by any other or third person on such contract Further, it is the express intention of the City and the State that any person other than parties hereto that may receive services or benefits under this contract shall be deemed to be an incidental beneficiary only. 10 . The City represents and warrants that is has taken all actions that are necessary or that are required by its procedures . bylaws. or applicable law, to legally authorize the undersigned signatory to execute this contract on behalf of the City and to bind the City to its terms . 4 • I> .. .. I ' I· 0 - • • • ... • •• .. ... IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written . STATE OF COLORADO BILL OWENS, GOVERNOR ATIEST: By: --------- Chief Clerk APPROVED : ARTHUR L. BARNHART State Controller BY~---------~ By : ----------- Executive Director Department of Transportation KEN SALAZAR Attorney General BY~-----------~ BARRY B. RYAN Assistant Attorney General Civil Litigation Section CITY OF ENGLEWOOD ATIEST: By--------- Louc:rishia A. Ellis City Clerk By~----------~ 'nrlnas J. Burns, Mayor 5 ' .. •.· \ • J I· 0 .. ,. ,... . - E.(H!B:-•.:,• l l ~OC ::: ---:riE: === ==== ;; >' - ~~c,i Rx ~- • • I • • • ORDINANCE NO ._ SERIES OF 1999 ' ., .. -.. ,. ,\ • .. • •• BY AUTHORITY ... COUNCIL BILL NO. 80 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND ENGLEWOOD LIONS CLUB FOR MAINTENANCE OF THE ENGLEWOOD LIONS CLUB MINIATURE TRAI N. WHEREAS, the Englewood Lions Club approached the City regarding contracting with the City for maintenance of their miniature train, which is operated and housed at Belleview Park; and WHEREAS, the City of Englewood and the Englewood Lion 's Club de s ire t o ente r into an agreement whereby Engll!wood shall provide the Englewood Lions Club with maintenance of the Englewood Lions Club Miniature Train; NOW , THEREFORE, BE IT ORDAINED BY THE CITY CO UNCIL OF THE CITY O F ENGLEWOOD , COLORADO , AS FOLLOWS : $ectjon 1. The Contract between the City of Englewood , Colorado and the Englewood Lions Club pertaining to the maintenance of the Englewood Lions Club Miniature Train, attached as "Exhibit A", is hereby accepted and approved by the Englewood City Council . $ectjon 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Contract for and on behalf of the City of Englewood , Colorado . Introduced, read in full , and passed on first reading on the 6th day of December, 1999 . Published as a Bill for an Ordinance on the 10th day of December, 1999 . Read by t itle and passed on final reading on the 20th day of December, 1999. Published by title as Ordinance No . ~ Series of 1999 , on the 24th day of December, 1999 . Thomas J . Burns, Mayor ATTEST: Loucriahia A. Ellis, City Clerk • 1- ' .. 10 b iv .. , . ,, ' . .. . ' . I • 0 3 - • • .\ • .. ~ ·'' .. • •• .. ... I. Loucrisbia 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 J ) I • 0 32X ·] • • • CONTRACT THIS AGREEMENT, entered mto this __ day of 1999 by and between the City of Englewood , whose address is 3400 South Ela ti Street. Englewood . Colorado 80110 and The Englewood Lions Club , whose address is P .O. Box 205. Englewood. Colorado 80151. TERMS OF CONTRACT NOW THEREFORE, IT IS AGREED by and between the City of Englewood and Englewood Lions Club that: 1 . The City of Englewood shall, according to a schedule to be made by the Englewood Lions Club and approved by the City of Englewood . perform maintenance of the Englewood Lions Club miniature train and shall also perform repairs requested by Englewood Lions Club or identified by the City of Englewood during inspection of the miniature train. 2. The City of Englewood shall repair the miniature tram of the Englewood Lions Club delivered to the City of Englewood for that purpose ma good . workmanlike manner. 3 . The Englewood Lions Club shall pay to the City of Englewood for such services the sum of thirty-eight Dollars and twenty cents (S38.20) per hour. in addition to the cost to the City of Englewood of any parts or outside vendor charges . 4. This Contract shall authorize the services called for in Paragraph ~o. 1, for 1999. Three additional one (1) year periods may be negotiated by the City Manager or his des1gnee . 5 . The City of Englewood and the Englewood Lions Club agree not to : refuse to hire , discharge, promote. demote or discriminate in any matter of compensation: performance . services or otherwise. against any person otherwise qualified solely because of race , creed , sex, color, national origin or ancestry. 6 . This Contract may not be modified, amended or otherwise altered unless mutually agreed upon in writing by the parties. 7. The City of Englewood by and through its employees and agents shall be considered for all purposes of the Contract, to be independent contractors and not employees of the Englewood Lions Club. 8. The Englewood Lions Club by and through its employees and agents shall be considered for all purposes of the Contract, to be independent contractors and not employees of the City of Englewood . -1- .. . , X H I • I T A I • 0 • • .. ~ .,,---· .\ • . '··· , . • -' 9. The City of Englewood shall not assign or transfer its interest in the Contract without the written consent of the Englewood Lions Club. Any unauthorized assignment or transfer shall render this Contract null. void and of no effect as to the Englewood Lions Club . 10. The Englewood Lions Club shall not assign or transfer its interest in the Contract without the written consent of the City of Englewood. Any unauthorized assignment or transfer shall render the Contract null, void and of no effect as to the City of Englewood. 11 . Either party of the Contract may terminate the Contract by giving to the other party 30 days notice. in wntmg, with or without good cause shown. Upon delivery of such notice by the Englewood Lions Club to the City of Englewood and upon expiration of the 30 day period, the City of Englewood shall discontinue all services in connection with the performance of the Contract. As soon as practicable after receipt of notice of termination, the City of Englewood shall submit a statement. showing m detail the services performed under the Contract to the date of termination. The Englewood Lions Club shall then pay the City of Englewood promptly that proportion of the prescribed charges wluch the serv1ce s actually performed under the Contract bear to the total sen,ces called for under the Contract. less such payments on account of the charges as have been previously made . 12. All notices and communications under the Contract to be ma.iled or delivered to the City of Englewood shall be to the following address: Director of Public Works City of Englewood 3400 South Elau Street Englewood. Colorado 80ll0 All notices and communications pertaining to the Contract shall be mailed or delivered to the Englewood Lions Club at the following address: Englewood Lions Club P .O . Box Englewood, Colorado 80151 13 . The terms and conditions of the Contract shall be binding upon each entity. iti; successors and assigns . 14. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the Englewood Lions Club and the City of Englewood . -2- • ., .. ,. I • 0 . ]- .. ,\ • .. • IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first written above , ATTEST: CITY OF ENGLEWOOD Loucriahia A. Ellis. City Clerk Thomas J . Burns, Mayor ATTEST: ENGLEWOOD LIONS CLUB -3- • ' . ., ', 0 I • 0 32X - • • ORDINANCE NO._ SERIES OF 1999 t '~tr. ' . :· .... .. .\ • .. • -- BY AUTHORITY ' ... COUNCIL BILL NO . 81 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VALE GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. WHEREAS , the City of Englewood Safety Service Department applied for funding under the VALE Grants Program to be used for funding the Victim/Witness Program in the Englewood Municipal Court; and WHEREAS , the City of Englewood has previously applied and been granted VALE Grants for the years 1990 through 1998; and WHEREAS , the Victim/Witness Program in the Englewood Municipal Court has served the victims of domestic violence since 1990 ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjop 1. The City Council of the City of Englewood , Colorado hereby authorizes the acceptance of the VALE Grant, a copy of which is marked as "Exhibit A" and attached hereto. Sectjop 2. The Mayor and City Clerk are hereby authorized to sign and attest s aid VALE Grant on behalf of the City of Englewood . Introduced, read in full , and passed on first reading on the 6th day of December, 1999. Published as a Bill for an Ordinance on the 10th day of December, 1999. Read by title and passed on final reading on the 20th day of December, 1999 . Published by title as Ordinance No .~ Series of 1999 . on the 24th day of December, 1999. Thomas J . Burns, Mayor AITEST: Loucrishia A. Ellis, City Clerk -1- .. · . . , " 10 bv ) I • 0 X - • ,. ,,,- • ..... ... • - ... .. 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 • • ,. • • - VICTIM ASSISTANCE AND LAW ENFORCEMENT BOARD CONTRACT ,\ .. ' Pursuant to the Assistance to Victims of and Witnesses to Crimes and Aid to Law Enforcement Act. Article 4.2 Title 24 C.R .S .. the Victim Assistance and Law Enforcement Board of the 18'" Judicial District has made the following award: Grantee: Englewood Department of Safety Services 3615 South Elati Street, Englewood , Colorado 80110 Grant number: 00-38 Project Title: Victim /Witness Advocate Purpose of Grant Funds: To pro vi oe suppo rt for victim s of domest ic vi c lence throu;h the court process . Services /Equipment Being Funded : .50 FTE V ict im Advocate Grant Period: January 1 to December 31 , 2000 Amount of Grant Award : $15 ,157 Quarterly Installments : $3 ,790 BE IT UNDERSTOOD THAT : ( 1) All disbursement of awards are contingent upon the availability of VALE funds. (2) The contents of the grant application will become contractual obligations of the grant rec ipient and are incorporated into this contract as if fully set forth herein . (3 ) The grant rec ipient is required to submit Financial Reports quarterly : April 30 , 2000 , July 31, 2000. October 31, 2000 and January 31. 2001 for funding for 2000 . The report due on January 31, 2001 shall be the year end report . The VAL!: Board will provide Financial Reporting Forms. Grant recipients are required to use these forms . e " .. I B I T A ) ' •, I· 0 • I· •,, .. Englewood Department of Safety Services 00-38 • • - ... (4 ) The grant recipient is required to submit Program Reports on July 31 , 2000 and January 31, 2001 , which address any spec ial conditions that are listed in this contract. The report due on January 31, 2001 shall be the year-end report. It shall show totals for the entire year and must address any spec ial conditions that are listed in this contract . The VALE Board will provide Program Reporting Forms . Grant recipients are required to use these forms . Reports shall be sent to : Francie Miran, Grant Evaluator VALE Board District Attorney 's Office 7305 South Potomac Street, Suite 300 Englewood . Colorado 80112-4031 (303 ) 6 4 3-4600 (5 ) Fa il ure to subm it t h ese required reports on the dates due ma y result in terminati on of the grant award , return of awarded funds or the loss of future funding by VALE . (6 ) Spec ial cond iti ons for the award whic h ha v e been st ipu lated between the VA LE Board and the grant recipient are as follows: None (7 ) A ny equipment purchased with VALE funds must rema in with t h e gran t rec ip ient . Equipment must be used for the purpose des ig n ated in the grant application . Any use by others or transfer of ownership must be reported to the VALE Board, in writing , prior to the occurrence of such use or transfer . The Board may approve such use or transfer or may request ret u rn of the equipment . (8 ) Anv change in the use of grant funds shall be approved by the VALE Board . The request for suc h change shall be in wr it ing . Approva l of the VALE Board shal l be obtained prior to any such use . (9) Amendment of any other terms of th is contract shall have prior approval of the Board . Requests for amendment shall be in writing. ( 10) The grant recipient shall submit written notification by December 1, 2000 to the VALE Board if the grant rec ip ient will have any remaining funds at the end of the grant period . ___ _,,___ 0 I . 0 - • • • E:iglewood Department of Safety Services 00-38 • • - .I A ll unused funds shall be returned to the VALE Board unless the grant rec ii::ient makes a request in writing for use of the funds beyond the grant per iod and such request has been approved by the VALE Board . Such requests shall include: The amount of remaining funds How the funds will be used When the funds will be expended Why the funds were not expended . Such request must be received on or before December 1 , 2000 . Upon rei;eipt of the rec;uest . the VALE Board shall dec ide wh eth e r to grant or den y • the request w ithout furth er ;:,rese ntat ion or hear in g. ( 1 i ) The grant rec ipie nt ag rees t h at all fu nds recei v e:: und er th is grant sh all be expended solely for t h e pur;:ioses sta t ed above and that any funds no t so ex;:,ended, including funds lost or div erted to other p u rposes , shall be repaid to the VALE fund . ( 12) The grant recip ient agrees to comply with the letter and spirit o f the Co lorado Ant i-d iscr imination Act of 195 7. as amended , and oth er applicable law respecting d iscr imin ation and unfa ir employment practices (C.R .S. Sec. 24.-34-402) and req ui red by Executive Order , Equal Opportunity and Affirmative Act ion , date Apr il 16 , 1975 . 3 ) Non-compliance with any portion of this contrac: ma y result in : W ithholding of funds The grant rec ipient returning money to the VALE fund Other action as deemed necessary by the members of the VA LE Board Any combinat ion of the above . ( 14) All grant recipients shall make available to the Board or its auth orized des ignee all current books, records , procedures or other information re lativ e to the grant application and implementation. ( 1 5) The funds granted by this contract for Victim Serv ices shall be disbursed in quarterly installments pending VALE Board approval of all required reports and verification of expenses . The funds granted by this contract for equipment may be dispersed by a single payment for the full amount, pend ing VALE Board approval of all required reports and verification of expenses . ' , ' I • 0 . ] • • -• • #-. ., • l• ,. ,. • - Englewood Department of Safety Services 00-38 .. The grant recipient. through the following signatories , understands and agrees that any VALE monies rece ived as a result of the awarding of the grant application shall be subject to the terms of this contract. @r~&L Project Director 0 'Rnarl'Eial Officer Authoriz ing C ;f ic ial Tiiorras " • Burn:., Mayor John C. Bennett Chair . VALE Board Date_..:..:..fff.,t./ p.'--,f.'+f_,_q_.q __ I I Date_1_1 4_:t_'f'_~_f_'J ___ _ Da:e ------------- Date ________ _ P.uthonz,d Official : The author,zed official is t he person who is. by v irtue of such pe rson 's pos it ion , auth or ized to enter into contracts for the grant rec :pient . Th is coul d inc!u de : Mayor or Cit y Manage r . Chairperson of t he County Comm iss ioners . Distric: Attorney , Pres ident or ci,airperscn of the Board of Directors , Super intendent. or other Ch ief ~xecutive Office r. Fi nanc ial Officer: The person is respons ible for all financ ial matters related to the program and who has respons ibility for the accounting, management of funds, ver ification of expenditures , audi t information and fi nanc ial reports . The person who actually prepares the fin ical reports may be under the supervision of the Financ ial Officer . The Financ ial Otticer must be a person other than the Authorized Official or the Projec t Director . Project Director: The person who has direct responsibility for the implementation of the projec:. This person should combine knowledge and experience in the project area with ab ility t o adm inister the projec: and sucervi se personnel. He /she shares respons ibility with the financ ial Office for saeing that all expenditures are within the accroved budget. This person w ill normally devote a major portion of his,her time to the pro1ec: and is respons ible for meeting all reporting reQuirements . The Projec t Director must be a person other than the Authorized Official er the Financ ial Officer . • • . .. I • 0 - • • .. ,. • ., • - BY AUTHORITY ORDINANCE NO ._ SERIES OF 1999 COUNCIL BILL NO . 82 INTRODUCED BY CO NC IL MEMBER GARRETT AN ORDINANCE MODIFYING TITLE 3, CHAPTERS lN, SECTIONS 8 AND 10 : CHAPTER 2, CHAPTERS 3, 4 AND 5, OF THE ENGLEWOOD MUNICIPAL CODE 1985 . RELATED TO CHARTER MODIFICATIONS CONCERNING THE CAREER SERVICE BOARD . WHEREAS . the voters of Englewood modified the Englewood Charter in 1995. co nce rning the Career Service Board ; a nd WHEREAS, the Englewood's Career Service system was modified from a Career Serv1ce Board to a Hearing Officer: and WHEREAS, the Englewood Municipal Co de needs to reflect changes to the Englew oo d Home Rule Charter: Sectjon 1. The City Co uncil of the City of Englewood , Co lorado hereby a mends Titl e 3. Chapter lN, Section 8, of the Englew oo d Municipal Code 1985 , to read as follows : 3-lN-8: MERIT APPEALS: A. Matters Of Appeal : Because of the importance of certain subjects covered by tlus me nt system , there is provided an additional channel of appeal to the Career Serotee 8aerii 8 . HEARING OFFICER. Any full-time. permanent, classified employee may appeal to the~ HEARING OFFICER to determine only whether there was proper application of these merit system principles with respect to : 1) whether an employee was selected or a dvanced on the basis of his/her relative ability, knowledge and skills , or 2) whether the employee's job has been properly classified in the established classification plan of tlus merit system. The~ HEARING OFFICER is without jurisdiction to hear or determine any employment discrimination complaints . Any allegations of e mployment discrimination shall be made to the P.einicatreti• e Sep·iees Qireetar CITY MANAGER within ten (10) days of its occurrence. The City Manager or designee s hall hear the matter at Step IV of the complaint procedure . Merit Appeal Procedure: A merit appeal must be made in writing within five (5) days of the selection. advancement, or classification decision and filed with the Aeinicetretive Sep.tees Qireeier CITY MANAGER. Within ten (10) days of filing a merit appeal , the employee shall review and discuss it with the .\IHIIIHHSM'llti.e 8er,.teee Qireeter CITY MANAGER or designee to informally resolve the appeal. If resolved, it shall be reduced to writing and signed by the appellant. If the appeal ia not resolved by the .'.1H111HH11tr&ti1e 8eP.teee Ilireetar CITY MANAGER OR DESIGNEE, the employee, within ten (10) days of the .\einicetreti ,e SePYieee Qiree'8r'e CITY MANAGER'S decision , may FILE AN appeal in writing ta the 8eerii 10 b vi I • 0 ·.] c===- • • • l ), .' ... . ·~ • • - .\ ... WITH THE CITY CLERK REQUESTING A HEARING BEFORE A HEARING OFFICER. The appeal shall explain the nature of the dis pute (including a pplicable ordinance provisions), what attempts the employee took to re so lve the appeal and the requested remedy. The 8e&Ps eheH eet tae B!l!leel fer heerieg witfti.e tlMtot~ (a 9l fiey e ef ite reeei!lt, WHEN A REQUEST FOR A HEARING BEFORE A HEARING OFFICER IN CONNECTION WITH A MERIT APPEAL IS FILED WITH THE CITY CLERK. THE CITY CLERK SHALL, WITHIN FIVE (5) DAYS , NOTIFY THE CITY COUNCIL AND THE CITY COUNCIL SHALL APPOINT A HEARING OFFICER FROM THE PANEL APPOINTED UNDER SECTION 3-1N-9(C) OF THIS MUNICIPAL CODE TO HEAR THE APPEAL. THE HEARING SHALL BE CONDUCTED BY THE HEARING OFFICER IN ACCORDANCE WITH THE HEARING PRO CED URE SPECIFIED IN SECTION 3- 1N-9(D) OF THIS MUNICIPAL CODE . The BeeNI-HEARING OFFICER shall first determine whether the s ubject matter of the a ppeal is within that permitted by Charter and these regulations . Any reco rd below shall be a part of the record befo re the Beef'EHH' Hearing Officer . The heerieg hels e~ the Beers shell ee fllesemeetelly faH" ees eBIB!liY et leeet with thet !lreee ee esteeltehes ie Seetiee I 19 l! i ef tnis l\huuei!lal ~ STANDARDS TO BE APPLIED BY HEARING OFFICER: Withffl tweety (l!9) seye et\er the eeeeh1eiee ef the heeri11g , the 8e&Ps shell ieette it;a seeisiee . Upon review , the Hearing Officer~ shall hold the action below to be a proper application of the relevant ordinances unless* THE HEARING OFFICER determines: 1. There was misapplication of existing merit system regttletieee PROCED URES governing the action of selection or advancement on the basis of the employee's relative ability, skills, and knowledge . or there was misapplication of existing merit system regttle11e11e PRO CE DURES governing job classification : AND 2. In the exercise of any professional j udgment, the DECISION OF THE ,\smwetreti,e Ser,,teee E>ireeter CITY MANAGER OR DESIGNEE UNDER THE MERIT SYSTEM abused his/her discr etion . THE TERM "ABUSE OF DISCRETION" IN THIS SECTION SHALL MEAN THAT THE ACTION WAS TAKEN WITHOUT ADEQUATE INFORMATION, NOT FO "NDED ON REASON OR RATIONAL JUDGMENT, OR DONE ON A \VHIM OR IMPU LSE WITHOUT ADEQUATE ANALYSIS . The BaftP8 HEARING OFFICER s hall forward to the City Council M.1 HIS/HER decision which shall state the proble m . the applicable policy or regtiletiee PROCEDURE, the reasons for applying the policy and the decisio n of whether the regttletieee PROCEDURES were properly applied . The Council !IPBIB!ltly shell SHALL PROMPTLY forward the decision to City administration with appropriate remedial instructions. JUDICIAL REVIEW: JUDICIAL REVIEW SHALL BE SUBJECT TO THE SAME STANDARDS AND PROCEDURES SPECIFIED IN SECTION 3-1N-9(F) OF THIS MUNICIPAL CODE. 2 • I • 0 • • ·• ,. ,-. 0 • Section 2 . The City Co uncil of the Ci t y of Englewood. Co lorado h e r eby r epeal Title 3. Ch apter l N , Section 10 . (CAREER S ERVI CE BOARD · Hearmgs). m its e nttrety. of the Englewood Municipal Co de 1985 . Section 3 . The City Co uncil of the City of Engle wood . Colorado he r e by repeals Titl e 3 . Ch apter 2 , (CAREER SERVICE BOARD ) in its e ntirety. of the Englewood Munmp al Code 198 5 . Section 4. The City Co uncil of t h e City of Engle woo d , Co lorado hereby a m e nds Title 3. Chapter 3, Section I. of the Englewoo d Municipal Co de 1985. to r ead as follo ws: CHAPTER 3: APPEALS ANI> HEARING OFFICER: 3-3-1: GRIEVANCE APPEAL : The so le a nd exclusive remedy for a ny fuU-time , classified e mployee whose po s m on fails within an appropriate bargai ning unit for a ny matter not directly r e la t ed to cla sstficauon a nd/or testing, or s us pens10n . demotio n or disc h a rge a nd whi ch is a n alleged n ola u on of t h e a pplica ble collective bargaining agreeme nt, is through the grievance proce dure of t he collective bargaining a greement which cove r s the respective a pp ropriat e bargaining umt. The an&! s te11 ef &ft'.,' gr1e. &nee 11reeeEh1re eentaineEI in any eelleeti,•e e&Pg&u\ing egre e,nent shall ee a l!f'ie a nee e1111eal te the Career Sel"o iee BearEI . If the e m11ley ee ales eYeh grie anee e1111eal ith the Be arEI .. itllin th e time lieut se t fen h 1n the &!l!lliealile eelleeti\•e eargaifting agreement, the Be&PEI er its ElesignateEI Hearing Offiee , s hall set a heal'i,ng te Ile eemmeneeEI u ,thin thit'ty (,19) e&lenElar Elay e s f the al±ng ef th e eem11lamt . "'ithtn l'\'e nty (:ilQ ) ealenEler Elay s ef the eenelYeien ef se,EI h eePi ng, the Beet'!! er ila Elee1g11ated He&P\Rg Ollieer eh&ll m&lie ite ltnElings 8 mauer e f ,eee rEI . affirming, me~ 1ng er re erelftg the aet1 en. The BearEl "e Ele e1eiee in this matter s hall ee !iaal. Sect10n 5 . The City Co unci l of the City of Englewood. Co lorado h e r eby r e peals Title 3. Ch apter 3 , Section 2, m its e ntiret y , of the Englewoo d Municipal Code 1985. Secu on 6 . The City Co uncil of the Ci t y of Englewood . Co lorado he r eby rep eals Title 3. Ch ap ter 3 , Section 3 (HEARI NG OFFI CER), in its e ntirety , of t h e Englewood ~umc1 pa1 Code 1985 . Sectio n i . The City Co uncil of t he City of Englewood , Co lor ado hereby a me nds Titl e 3 . Chapter 4 , of the Englewood Municipal Co de 1985, to read as foll ows : 3-l-l: POLICY STATEMENT: From the effective date of t his Ch apte r . e xclu s iv e reco gnition of an employee organization to represent e mployees in a n a ppropnate bar ga 1mn g unit s ha11 be accomplished only by election in the manner set forth he r e m . The 8e!H'6 CITY COUNCIL SHALL DESIGNATE A HEARING OFFICER WHO s h all be r es pon s ibl e for overseeing all elections of an employee organization which seeks exclus ive recogmuon a t h e certified employee organization in an appropriate bargaining unit. P e titio n for a n e lec u on may only be submitted for selection, AND retention. OF A CERTIFIED EMPLOYEE ORGANIZATION OR FOR clarification or amendment of an a ppropriate e mpl oye bargaining unit . 3+2: PETITION FOR SELECTION OF EMPLOYEE ORGANIZATION: A pet1t10n fo r selection of a certified employee organization may be filed e, the Cit, hen 11re se 11te e 1th tt llemaall fer r11111Billea, er by an employee or group of employees who quabfy for mclu s1on m 3 I • 0 • • • • • - a n appropnate barga1IUng unit, or by an employee organization claim mg to represent employees m a n appropnate bargaining unit for the purpose of collect1,·e bargammg. 3-4-3: PETITION FOR RETENTION OF EMPLOYEE ORGANIZATION: .\ . . A petition for retention of a certified employee organization may be filed by an employee or group of employees who qualify for inclusion man appropnate bargrurung urut or a nother employee organization wishing to decertify an existing certified employee organization . Srud petition shall be for the then certified bargaining unit. When deemed appropriate by the Be&M HEARING OFFICER, a petition for retention may also be treated as a petition for se lection . 3-4-4: TIME FOR FILING PETITIONS: A petition for selection or retention of a certified employee organization may be filed at a ny time , provided (a) a valid election for selection or retention has not been conducted m the same appropriate bargaining unit within the preceding twelve (12) months : or (b) there is not then in existence a current and valid collective bargaining a greement. In the eve nt there exists a current and valid collective bargaining agreement. a petition. to be timely. must be filed with the 8eftt"e CITY CLERK more than three hundred thirty (33 0) ca lendar days. but not more than three hundred sixty (360) calendar days prior to the expiration date of the effective collective bargaining agreement. A collective bargaining agreement that 1s prematurely extended or a collective bargaining agreement that has bee n negotiated a nd ratified prior to the expiration of the then current collective bargaining agreement, will not bar the filing of a petition; provided said petition is filed more than three hundred thirty (330) calendar days, but not more than three hundred s ixty (36 0) calendar day pnor to the expiration of the then current collective bargaining agreement. 3-4-5: SHOWING OF INTEREST ON PETITION FOR SELECTION OR RETENTION: A petition for selection or retention must be signed by a t least thirty three percent (33 %) of the full-time, classified employees in an appropriate barga1rung unit exp re si ng a particular request with regard to representation . 3-4-6: PETITIONS FOR CLARIFICATION OR AMENDMENT: A petition for clarification or amendment of an existing appropriate bargaining unit may be filed at any time by the City or a n employee organization ; provided . however . that onl y on e petition fo r clarification or amendment may be filed by the same party with res pect to the same bargaining unit in any one calendar year. No election s hall be allowed or co nducted for clarification or amendment. The 8eera, er at 1te Eiieeretieft , e A Hea rmg Officer a ppoi nted by the ~ CITY COUNCIL shall conduct a hearing on the petition for clarification or a mendment consistent with Section 3-4· l L The 8eerEl 's Eieeieieft FOLLOW! G THE HEARING, THE HEARING OFFICER SHALL MAKE A REPORT WHICH SHALL CONSIST OF FINDINGS OF FACT AND A RECOMMENDATION TO THE CITY COUNCIL, AND THE CITY COUNCIL'S DECISION shall be effective on the date it 1s rendered and collective bargaining contracts shall contain language consistent with this Section. 3-4-7: FORMS : An appropriate form or forms for the filing of the enumerated petitions shall be available at the office of the E>ireeter ef Atlmiftietreti-•e eeP\ ieee. CITY CLERK 3-4-8: PROCESSING OF PETITION: A petition for selection or retention of a certified employee organization or a petition for clarification or amendment of an existing appropriate 4 I • 0 • • • • •, t• •,, .. • • .. bargaining unit must be filed with the BeaM CITY CLERK. A copy of said petition s hall be simultaneously served upon the City MANAGER and/or the current certified employee organization, if any . The 8ee.ril er . et its iliseretieR , !I A Hearing Officer appointed by the 8eere; CITY COUNCIL shall process the petition and establish all necessary rules and procedures for conducting an election if an election is to be conducted. If an election is to be conducted. the 8eeril er ile designated Hearing Officer shall schedule a pre-election conference with the City and the employee organization(s) involved , to be held within five (5) calendar days after the petition has been filed with the BeaM CITY . An attempt s hall be made to enter into a consent election agreement at the pre-election conference. Such agreement shall include a description of the appropriate unit. the time and place for holding the election and the payroll period to be used m determining the employees within the appropriate unit that shall be eligible to vote . Such consent election shall be conducted within twenty-one (21) calendar days of the agreement under the direction and supervision of the City Election Commission. Upon 111e11e11 !1111) eerrieil 8) the 8eeril APPROVAL BY THE DESIGNATED HEARING OFFICER, the time for conducting the consent elect10n may be extended at the request of the City, petitioner. Heari11g Offieer or other interes ted parties for an additional period not to exceed twenty-one (21 ) calendar days . 3-4-9: PROCEDURE IN ABSENCE OF CONSENT AGREEMENT ON SELECTION OR RETENTION: A. If the parties are unable to enter into a consent election agreement. the 8earil. withtR e Je (Ii) eal.e11ilar ileye ef the pre eleelieR eelliereRee . !Be, ileeigttete II Hearing Offieer te eeB1i11e1 a pre eleetieB heeriBg . W within seven (7) calendar days of the pre-election conference. the BeeM-eP Hearing Officer shall sc hedule a hearing to be held within fourteen (14) calendar days of the pre-election conference . The Beare-er Heanng Officer 11111, eppemteil shall do and perform the following functions: l. Establish, after notice and hearing to both parties, fair and equitable election rules and procedures designed to insure freedom of choice to all employees in the appropriate bargaining unit to determine whether they wish to be represented for purposes of collective bargaining in such a manner that the choice shall be free of restraint, coercion and significant misrepresentation of facts. 2. At the hearing provided for in paragraph A above, the 8earil er the Hearing Officer shall ileter1Bme if'MAKE A REPORT THAT SHALL CONSIST OF FINDINGS OF FACT AND A RECOMMENDATION AS TO WHETHER there exists an appropriate bargaining unit. In making such EieterlBiBetieR , the 8earil _. FINDINGS AND RECOMMENDATION. the Hearing Officer shall rely on the following factors: a . The unit YIM will insure employees the fullest freedom and the exercise of rights granted under this Title and under the City Charter. b . The community of interest of the employees. c. The history of the employee relations in the unit, among other employees of the City . and in similar public employment. d . The effect of the unit on the efficient operation of the public service and sound employee relations. s ., • l I • 0 • j • -,.,.-. • • - e . The e ffect on the exi s ung cla s ificatton s tructure of dividing a s m gle cl a. s1£icatio n amon g two (2) or m ore units . ,. 3. le aEl!till eR te Ele t erR11e1eg 1f IF THE HEARI::-J G O FFI CE R MAKES A FI::-JDI NG AND RECO '.\l'.\IE:'\'1) THAT the re e xi s ts a n appr opriate ba r ga ining unit. the ~ et' Hearing Offi ce r ha ll al so determine the follo wing iss u e s: a . Wh e th e r th e re 1s a s uffic ie n t s howing of e mployee inte r est to Ju s tify a n e lec ti on . b . Wh e th er a quesu on of r e pres e ntat10n e xists. c. Wh ethe r the e mployee or ganization na m e d i n t h e petition is qualified. d . Wheth e r the r are ba rne r t o a n e lection in t h e fo rm of a n e xis ting co ntract or prior e lec tion . e . \\nethe r t h e e lect ion 1s othe rw1 e prope r under t he Ch arter or ordinance of the 1ty . B. The~ Heanng Offi ce r hall issu e written findings a nd reco mm e n dati ons wnhrn ten (10) calenda r day of the close of the he a ring which s h a ll co ntain re a a n s t he refor as to any a nd a ll of t h e matter a t iss ue, CC H WRITTE. Fl::-.!Dl::-JGS AND RECOMME::-JDATI ONS SHA LL BE PRES E NTED TO THE C ITY COUNCIL FO R ACTION ::-JO L..\TER THA:sl T HE ECOi\iD REG UL\R COC'.\C IL '.\1EETI:\'G FOLLOWI:\iG THE RE CE IPT OF THE HEARII\G OFFICER' FINDI:-JGS A:-JD RECOMME)',.i"DATION S . THE cr n· co ·r-:c IL SHALL VOTE TO EITHER ACCEPT OR REJECT THE RE CO'.\l'.\IENDATI O :,..;S O F THE HEARI:,..;G O FFI C ER. IF THE CITY CO UNC IL APPROVES A RECOMr.lE:-:DAT!O:-.l O F THE HEARING O FFI CE R THAT THERE EXI S TS A:,..; APPROPRIATE BARGAINI!:'-G C NIT AND . .\':'J ELE CTl01' S HOL1-D BE HELD . THE Coc :,..;c 1L S HALL SET as ·y e ll as reee1BR1ee!la1,teee BR the u m e and p la ce of holding a n e lection a nd the payr oll period t o be u sed in determ1rung the e mployees w1thrn the app ro priate bargarning unit t h a t s h a ll be e li gible to vote, A:,..;D The reeB RIRI EREieu eR ehel-l ttl se eeRtetA a s tateR1 e Rt . after &JlJlPSJlPiat e ee RB~ltat1eR 1th the lsl eeu e e Ce 1t11R1 ss 1ee . t h at t h e Election Co mmiss10 n s h a ll s upe r.,se a nd conduct the elecu on by secr e t ballot . eet later thaR tweeey eee (21) ealeeElar Ela~ e ft-0111 the Elate ef th e r eee R1R1 e REieu e 11 s . 111 the e eet the Me8f'111g O{fieer 's li11Ei111g e e11Ei r eee R1R1 e REieu e 1~s Bcr e ether tha11 t a ee11El~et a11 eleetie11 . a11 Bllll e al 011 the 1es ~e IBBY tie tahe11 t e th e Beare ey the affeete EI Jl&rt~ e r Jlftrti ee 011 the fiflElinge 1111EI , eeeR11Re11Eiaue11e ef th e Mear111g Offieer. SatEI BlltJeal m~et ee 111 r1ttag aa!l lileEI m1th th e Beare . , 1th BJlJlP BJlPtate aetiee aeEI a eeJly ef the &JlJle!icl te the i11tere s te8 JlBrti es ... 1th111 se ·e 11 (i) eale aaa.r Elay s ef the iesHa11ee ef the liaEliege Bcll8 reeemmeeElatie11 e EleH~ 1ag e11 e leeu e 11 . The BeBcr8 e hal-l heer s atEI BJlJleal m1tfttft se,.ea (7) ealeaElar 8a; s thereafter 111 aeeer8aRee mith the BllJleal Jlreee8ttPe e se t !'erth i11 a a 3E) threHgh M. eHt here the 8earEl's fi11al 8eeieie11 ehal-l ee maEle ef reeerEI , 11ff1.Pming, meElil; iag er re. ere111g the fiaEliag s 888 reeemme11Elat1011e ef tke Mearieg Offieer withi11 fiye (ii) eale11Eler 8ft) e ef the aate the &JlJleal 1s hear8 e~ the Bear8. 111 the e . eat the Bea.r8'e 8ee1 s ie11 jlre,.iEle s !'er eeaEIHet111g BR eleetie11. e!lci8 eleeuea shall. ee helEI ia aeeerEla11ee ,ith s~eeeet1011 8 aee e 1th1a t e11t) 011e (31 ) eale118ar Ela~ s ef its fiaal Eleei s ie11. 6 • .. I • 0 - • • -• ----.\ • , . ,. ,. • -' 3-4-10: OBJECTIONS TO ELECTIONS: A. Any party and the Election Co mmi ssion official supervising the e lec tion may challenge , for good cause, the eligibility of a ny person participating in the election . The ballots of s uch challenged persons shall be impounded. Immediately upon the co nclu sio n of the election, the Election Commission shall cause to be furnis hed to the parties a tall y of the ballots. Within five (5) ca lendar days a fter the tally of ballots has been furni s hed. any party may file with the Beere CITY CLERK a written stateme nt of obi ect1 ons to the conduct of the election or conduct affecting the results of the election. whi ch s hall contain a short statement of the reaso ns therefor. Any party may at this time al so fil e objections to the findings and recommendations of the Hearing Officer whi ch wer e rendered covering those matters set forth in Section 3-4-9A and B. Co pies of s uch objections s hall immediately be se rved upon the other parties by the party filin g them. The party filing objections s hall a lso furni sh to the Be&Pli CITY CLERK and a ll other parties a summary of the eVJ de nc e a,·aila bl e to it to s upp ort t he obiectio ns . B. If no objections were fil ed within the time set fo r t h a bov e, a nd if a ny cha ll e n ged ba ll ot s are ins ufficient in number to a ffect t he results of the e lection . the -Be&totl-CITY CL ERK shall forthwith issue to the parties a cert1.fi cat1o n of the r es ul ts of the election , including certification of the ce rtifi ed empl oyee or ganization , where a ppropriate. C. If objections are filed , or if challenged ballots ar e sufficie nt in number to a ffect the results of the election, the 8e&rli 11111 . CITY C LERK S HALL REPORT TH E OBJECTIONS TO THE CITY COU'.\'CIL WHI CH WILL d es igna t e a He a nng Officer within fifteen (15 ) calendar d ays of the election to co nduct a post-election hearing. Nothing herein shall be interpreted as precl uding the ame Heanng Officer serving in both the pre-election and post-election he a ring. Within five (5) calenda r days after t he appointment, the Hearing Officer shall sc hedule a heanng on the obiec t io n s and/or challenged ballots to be held within twenty (20) ca lendar days of his a ppointme nt . The Hearing Officer's findings and recommend a tions on a ll matters m dispute shall be issued within ten (10) cale ndar days after the close of the he a nng. AR e1111 eal fre111 the Hefti iflg Qffieer'e RRIHlllfB &RB reee111111eRliatieRe ma) lie talieR 111tre1teRt te eeetieR 3 3 3Q t1H"e1tgh H . THE CITY COUNCIL SHALL REVIEW AND TAKE ACTION ON THE HEARING OFFICER'S FINDING S AND RE COMMENDATIONS AT THE COUNCIL MEETING FOLLOWING RECEIPT OF S UC H FINDINGS Al\11) RECOMMENDATIONS. IF THE CITY CO UNC IL DETERMINES THAT THE OBJECTIONS TO THE ELECTION ARE SUSTAINED. THE COUNC IL SHALL DETERMINE WHAT ACTION , IF A iY , SHOULD BE IMPLEMENTED . IR the e•,eRt e He&PHtlf Qffieer ie Ret ee !leeigRetee, the 8e81 !I ehaH eehe!lll!e ite ewn heeri11g " 1th.in 5'>, eRl)' R e (at.j eltieR!l&r !leye after the eleetieR , 1111!1 eh.all iee11e a &Ra! !leeieieR en &H m&t.tere 1R liie1111te • itmR teR (IQj ea!en!lar !la) e after the eleee ef the ~- 3-4-11: HEARING PROCEDURES FOR PETITION FOR CLARIFICATION OR AMENDMENT: A. A hearing TO BE HELD BY A HEARING OFFICER APPOINTED BY THE CITY COUNCIL to determine the following issues shall be held within fourteen (14) calendar days of the filing of the petition for clarification or amendment. l. Whether a petition was properly filed and is otherwise proper under this Title and under the Charter of the City of Englewood . 7 ' .. I • 0 • • -• ,. ,.-. • • - ECONOMIC s ubJect so raised a nd upon which the parties are at an impasse m ay be referred to the~ ARBITRATOR for impasse resolution . Section 9. The Ci ty Co uncil of the City of Englewood , Colorado hereby repeals Title 3. Chapter 5 , Semon 5 (SUBJECTS FOR COLLECTIVE BARGAl~l:-JG). in its e ntirety. of the Englewood '.\1unmpal Code 1985. Section 10 . The City Co uncil of the City of Englewood . Colorado h e reby a m e nds and renumbers Title 3, Chapter 5, Section 6 , of the Englewoo d '.\foruc1pal Co de 1985 . to read as follows : 3-5-G 5: RATIFICATION OF AGREEMENT: A. By the City. A collective bargaining agreement s h all not be effective betwee n the parties or binding upon the City until s uch time as the City Council approves a nd ratifies the terms of said collective bargaming agreement. Upon tentative agreement with the authorized representative of the City er HJ3BR reeelHtiee d!PeHgli MBJ3e ese . the City s hall forthwith present said agreement to City Council for its approval a nd ratification, and shall make every reasonable effort to sec ure said approval a nd ratification . B. By the Certified Employee Organization. Upon tentative agreement with the City e,, HJ38R reselHtiee thPeHgft im13eeee, the certified employee organization a nd 1ts offi ce r s shall forthwith present said agreement to its members for their approval a n d ratification , and shall make every reasonable effort to secure said a pproval and ratification. Section 11. The City Council of the City of Englewood , Colorado hereby amend and renumbers Title 3, Chapter 5, Section 7, of the Englewood Municipal Code 1985 . to r ead as follows : 3-5..; 6: IMPASSE RESOLUTION : IMPASSE RESOLUTION SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVlSIONS OF THE CITY CHARTER . SECTION 137:6 . le tlie e eet the 13erties ere HRelile ta reeee egreemeet BR ell meeEietBP) BH&jeets ta ee eeet81eeEi ie tee eelleeti-,e liergeiftiflg egreemeet ee er liefere Jttly I ef tee ) eer ~R lites tlie 13ertiee ee, e met enEi liergeieeEi a, er teeee eHlijeets. e1tee, 13erty mey Eieelere MBJ3Reee H!lBR eePYH1g , riM.eR aetiee ef ilie im13eeee ts tlie eteer J38l't) ith,ie feHP (4) ee1eaEier Eie) e sf the Eieeleretiea efilB13esse . le th,e e eet th,e 13ef'liiee ee.e lieea HRR&le ts reeeli egreeme11t &) JHI) l , tee fells ieg im13esee reeelHtie11 13reeeEiHPee sliell ilBmeEiietely eem- A,-WithiR fi 1~e (ii) eeleeEier &ft) B ef th,e im13esee , eeeh, J38Pt) 011811 ee13ePRtel) eHlimit ta th,e Beere e11 i1B13eeee etetemeet .. hies eeeteies teeir iteel eff'ers regerEiieg eey meeEietel')' e11lijeete HJ38R ...-h,ieh, th,e 13ertiee ere et im13eeee . Th,e Beere eeEi the Beere ealy eliell th,ea ee11Ei ts eeeh 13ert) e eBJ3) ef th,e eth,er 13ert) 'e i1R13fteee etete1Reat. &-Withie tee (1 Q) eeleeEier Eieye ef reeei13t ef the J38Pli) 'a i1R13eeee et8te1Reet, th,e Beere shell eeeeEittle Eietee fer feet f1Reiag heerieg BR the i1Rp88ee sHlijeete , eaEi ie ea e eet shell the itret Eie) ehhe feet itREiiag lieeriag ee1R1Reeee leter thee tea (19) eeleeEier Eieye frem the Eiete ef reeeipt ef tee i1R13eeee et8te1Reate ef lieth 13ef'liiee. ,i\t the itret heePiflg Eiete , the Beere eliell eelieEiHle eEiEiitieael heeriair lietee, if eeeeeeeP). le RB e·,eat shell the helll'iaire lie eeeelHEieEi leter thea A111(11et l. 9 .. I • 0 • • .. ,, • t t,. • - At the feet fmat11g hearing. l,et_h p&Pl:ie a, thJ'611gh thew reepeeti, e repreeeetet1 es. may present e11eh e ,uieeee aea testtmee, ae the Eleara seems rele ,ant ttea matePittl. The 8eaP8 eha.Y eal, eeRtsieler 111a1uMlte"' awhjeet:ie 1:1peR mhieh the parties are at i.mpaaee aea hieh &Pe eeeteiflea ie the final slier, a11emittea iR the time!, impaeee steMmeete . R11lee ef e~aeeee shall net lie str1eti) applied . aea the heaP1eg , te the e!lteet pe ae il,le . shalJ l,e eeea11etea ie 8ft tRfePIH&I feeiHee . Ely ,•.11g11et 19, the Eleara shall iee11e "Plttee findings ef faet aea reeemmeeaatieee ftip reeel11tiee efthe maeliater,• s11l,jeete ie aiep11te. Saia &e!Hftge aea reeemmeeaauees shall lie eep, ea 11pee the eel't!Bea empls) ee erg&nti!8t1ee. the City aea City Ce 11 ee11 S1tta _fie!Hftge aea reeemmeeaatteee shall lie final aea emaiRg 11pee the paP1:1es 11nlese 'Vltthte HYe (i) .. erlueg a&)@aif.er reeeiflt efthe lteat11gs aea reeemmeeaaueee the parties are al,le l8 reaeh &gPeemeet eYer the terms sf the ee, eelleet1 e earga~mg agreement. le the e eet the parties are aele ta reaeh aaia agreement aea ha e se estifiea the Elsara ithi11 this It e !i l , sreg Ela) periea, the Eleara's findings aea reee111111eeaatisee ehall l,e e111l aea ueia . ,'\JI fees 888 e11peeeee ef thle feet Eiflaieg preeeee . ieel11ding the making, l,11t net the traneeriptisn, sf a reeera and aee1eta11ee ef ee11nsel te the Eleara shall lie s hare a ef111&1ly ey the C1" aea the eertiltea emple, ee s rganil!atien . If either party is diasatiafiea 1th the l!lsara's final findings and reee111111enaatiens. the party er parties 1118) a11emit a Pittee esttee ef aiseatiaflletiee te the Cit) Ce11neu within tv, enty (39) ealeeaar 88) s efthe sate ef iss11anee efthe Eleara 's {ma,iegs aea reeemmea&alieae . iaiti aetiee aha:M Be a 8P1ef a11ti eeaeaee reeem.mea&fttieH ef the Bpeeifie JlPB"'iBiBR BP JlPB A818118 " hteh the aiseatisfiea flffl', aeeires te ha e inel11aea ifl the ealleeti, e eargeini111 agreement. Qel) the pre >teiee BP pre is1ees e11l,111ittea te the Hear& fer im11aeee reeeh11ie11 , hteh pre '181811 er 11re 'teieae "ere the Basie t'er diaaatiafeetiea. ma, lie ee11t11111ea 1e thie eet1ee ta lite City Ce11eeu . Withia tltift, (39) ealeaaar aa, e af\er reee1pt af this eet1ee ef dissatisfllet1ee . the Cit>• Ce11t1eil eh~ Nil a epeeial ~l11nteipaJ eleette11 h, eraiaaaee er reeeh1tieR , e11h11Htt1Rg the matter tea ete ef 1he re11sterea eleelerate ef the Cit,y. The fmal effeps ef the Ci~ aea eertifiea emple, ee ergaaiMtiee aea the Eleara's reee111111enaatieee en the ise11e (e) een1eiaea iB a eetiee ef dieeatiaiaetise shall lie s11e111ittea ae alternati. e eiegle meae11res tea ,ate efregietered eleetsra efthe City . The registered eleeters ahall eleet either the pesitiea ef the Cit,y , the 11es1bee ef the eerttiiea emple, ee ergaflil!lltiee, er the Eleara'e reee111111eadatien. The peaitiee BP reeemmeeaatiee reeeivieg the highest n11meer ef etee ehall l,e deemed 11ppre ea. Saia eleet1ea a hall Ile held eeneisteet .. ith the pre~eiens ef.4.d'iiele II, Seetien 11 ef the City Charter . ~ ,'\JI eeeta BP e,ipeneee ef ae, p11hlieatiee BP epeeial eleetieB shall lie l,eree l,y the City . 10 ·,. . I • 0 • • • .. ,,.,.. . • )• ... • - ... Section 12 . The City Council of the City of Englewood , Colorado hereby amends and renumbers Title 3, Chapter 5. Section 8, of the Englewood '.\1unicipal Code 1985 . to read a s follow s: 3-5-8 7: STRIKES PROHIBITED : A. The protection of the public health . s afety and welfare demands that neither the certified employee representative , nor any employee organization, nor any employees of the City, nor any person acting m concert with them , will cause, sanction or take part in any strike. B . In the event a certified employee representative engages in any conduct which falls within the definition cf "s tnke" herein . such violation shall be cause for the City to terminate the collective bargaining agreement with said certified employee representative and/or withdrawal of recognition of the certified employee representative upon giving written notice to that effect to the chief representative of said certified employee representative or employee organization, in addition to whatever other remedies may be available to the City at law or in equity. Saia aet10R af the City is e11ejeeUa the "Gr1e,aRee ,',11peal", SeetiaR a a I. afthie Title . C. In the event an employee or employees engage in any co nduct which falls within the definition of "strike" herem , such violation shall constitute just cause for imme diate discharge of said employee , in addition to whatever other remedies may be available to the City at law or in equity . The City shall not be required to pay any employee any portion of his/her salary or fringe benefits while engaging in activity in v10lation of this Section. It is expressly recognized that the City has the right to selectively discipline, up to and including discharge, any employee or employees whose conduct falls within the definition ofthis Section without having to discipline all employees whose conduct falls within the definition of this Section. An employee or em11layeee aiPeetl) a-lfeetea ey eR eetieR ef TERMINATED OR DISCIPLINED BY the City under this Section shall have the right to grieve said DISCIPLINARY action tftJ'e11gh the "Grie IS Ree Appeal", Seet1eR a a l , er ,here ep11repP1ete . through the "Disciplinary Appeals", Section 3-!N-9. Section 13 . Title Safety Cjauses. The City Council hereby finds , determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health , safety, and welfare of the public. and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 14. Severabihty. If any clause, sentence, paragraph. or part of this Ordinance or the application thereof to any person or circumstances sha!J for any reaso n be adjudged by a court of competent jurisdiction invalid , such judgment s hall not affect, impair or mvalidate the remainder of this Ordinance or it application to other persons or circumstances. Section 15 . Inconsistent Ordinances AU other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 16 . Effect of repeal or modification The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance sha!J not release , extinguish, alter. 11 ~ -.. -----~.------- I • 0 - • • ....... ~. • • • •• ... .\ modify, or change in whole or in part any penalty, forfeiture , or liability , either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits. proceedings, and prosecutions for the enforcement of the penalty, forfeiture . or liability, as well as for the purpose of sustaining any judgment, decree. or order which can or may be rendered, entered, or made in such actions . suits, proceedings, or prosecutions. Section 17 . ~ The Penalty Provision ofE.M .C. Section 1·4·1 shall apply to each and every violation of this Ordinance. Introduced, read in full , and passed on first reading on the 6th day of December, 1999 . Published in full as a Bill for an Ordinance on the 10th day of December, 1999. Read by title and passed on final reading on the 20th day of December, 1999. Published by title as Ordinance No . ~ Series of 1999, on the 24th day of December. 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . ~ Series of 1999. Loucrishia A. Ellis 12 ' ' ', I • 0 - / RESOLUTION NO . j0 SERIES OF 1999 • • • . \ .. ... ,, A RESOLUTION FOR A SUPPLEMENTAL APPROPRIATION FOR THE 1999 BUDGET OF THE CITY OF ENGLEWOOD , COLORADO . WHEREAS , the Englewood City Council approved the City of Englewood's 1999 Budget on October 19, 1998; and WHEREAS , the passage of this Resolution will appropriate the additional funds required because all expenditures and expenses are often not known until all invoices and purchase orders are processed at or after year end : 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 follow s: GENERAL FUND: Source of Funds : Unreserved/Undesignated Fund Balance Reserved Fund Balance Uses of Fund&· City Attorney's Office (Legal services related to City Center and EURA lawsuit) Interest on Lease Obligation-Civic Center (Certificates of Participation) WATER FUND: Source of Fund§: Retained earnings Use of Fund§: Construction budgeted in 1998 completed in 1999 SEWER FUND : Source of Funde: Retained earnings lJee of Funde : Construction budgeted in 1998 completed in 1999 $ 60,000 $ 954 ,664 $ 60,000 $ 954 664 $1 ,014 ,664 $3 ,000,000 $3 .000,000 $ 500,000 $ 500,000 ' . I • 0 a2 I • • • .\ • .. ...... t .. .. . :·.·· ,:.., • •• .. CAPITAL EQUIPMENT REPLACEMENT FUND : Source of Funds : Retained earnings $ 232,000 Use of Fund§· Vehicles appropriated in 1998 received in 1999 $ 232,000 PAVING DISTRICT-ENGLEWOOD COMMERCE AND INDUSTRY CENTER: Source of Fund§: Special Assessment revenue U§e of Fund§: Capital outlay County collection fees HOUSING REHABILITATION FUND: Source of Funds : Interest from loans and investments U§e of Fund§: Interest expense Discounts on deferred loans Administration fee to General Fund Fund administration $ 114,710 $ 114.000 $ 710 $ 114 ,710 $ 120,000 $ 48 .000 $ 45 ,500 $ 19,500 $ Z IHM! $ 120,000 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 20th day of December, 1999. ATTEST: Thomas J . Burns, Mayor Loucrishia A. Ellis, City Clerk I, Loucriahia 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 - • • . , • .. .: .... • -.. COUNCILCOMMUMCATION Date Agenda Hem Subject December 20, 1999 Supplemental Appropriat ion for year - 10 Ci end 1999 to comply with City Charter reauirements lnHlllted By I Staff Source City of Englewood. Financial Services Deoartment Frank Grvnlewicz. Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council approved the 1999 Budget and Appropriation on final reading October 19, 1998. RECOMMENDED ACTION Staff recommends Council approve the attached resolution for supplemental appropr iat ions for the year end ing 1999. These additional funds are required because all expenditures and eJCpenses are often not known until all invoices and purchase orders are processed at or after year-end. The sources and uses of the funds are: GENERAL FUND Source of Fundf; Unreserved/Undesignated Fund Balance Reserved Fund Balance Up of Funda; City Attorney's Office (Legal services related to City Center and EURA lawsuit) Interest on Lease Obligation-Civic Center (Certificates of Participation) WATER FUND Source of Fynda: Retained earnings Up of Fyncta; Construction budgeted in 1998 completed in 1999 SEWER FUND Source ot Fundf: Retained earnings Upof Fynda: Construction budgeted in 1998 completed in 1999 $60 ,000 S954 664 $1 ,014 ,664 $60 .000 S954 664 $1 ,014,664 $3 ,000 ,000 $3,000 ,000 $500,000 $500,000 , . .. • . ' I • 0 .] • r • • ~""' '. CAPITAL EQUIPMENT REPLACEMENT FUND Source of Funda: Reta ined earn ings UM ot Funds: Vehicles appropriated in 1 998 rece ived in 1999 • -----• • - $232 .000 $232.000 PAVING DISTRICT-ENGLEWOOD COMMERCE AND INDUSTRY CENTER Source of Fundf: Special Assessment revenue $114 ,710 \Jtt at Functa: Capital outlay County collection fees HOUSING REHABILITATION FUND Source of Funcla: Interest from loans and investments UN of Funds: Interest expense Discounts on deferred loans Administration fee to General Fund Fund administrat ion $114,000 l..._l1Q $1 14,7 10 $120 ,000 $ 48 ,00 0 $ 45 ,500 $ 19,500 LI.Q.Q.Q $120 ,000 .. _, .. ' ... •, The City of Englewood is requ ired by City Charter to ensure that expend itures do not exceed legally adopted appropri at ion s. The attached resolution appropriates funds to ensure that the City of Englewood compl ies with lega l rest rictt ons governin g local budget ing. RNANCIAL IMPACT These supplemental appropriation s will reduce General Fund unreserved fund balance and reserved f und balance by $60 ,000 and $954,66', respect ively. The reduct ion in Genera l Fund unreserved fund balance was covered by collect ing more in sales and use taxes than was budgeted. The interest on the lease obl igat ion was included in the proceeds of the Certificates of Part ic ipation in December 1998. The Water Fund's reta ined earn ings are reduced $3,000 ,000 by th is act ion . The Sewer Fund 's retained earnings are reduced by $500 ,000 . The Capital Equipment Replacement Fund's reta ined earn ings are reduced by $232,000 . Paving District -Englewood Commerce and Industry Center completed improvements to the District that were unforeseen when the 1999 budget was adopted. The improvements were pa id by assessment revenues . The Housing Rehabilitation Loan Fund was created in 1 999 and did not have an originally adopted budget. UST OF ATTACHMENTS Proposed resolut ion Li st prepared by the City Attorney's Office of outs ide attorneys and their f ees paid through November 1999 '" \ ~ " I • ) I • 0 . ]- • Outsjde Attorney Nathan L. Andersohn Anderson Kill & Olick , P .C . I Paul C. Benedetti 2 Berenbaum Weinshienk & Eason Burns Figa & Will 3 Chrisman Bynum & Johnson I Gorsuch Kirgis Grimshaw & Harring Guthery & Rickles , P .C. 3 Hall & Evans Hill & Robbins , P .C. 4 Holme Roberts & Owen • --., • ... • - ... 1999 OUTSIDE ATI'ORNEY 'S Last Statement Date 12/2/99 11/17/99 6/30/99 11/23/99 11/22/99 12/7/99 4/30/99 11/17/99 11/22/99 11/20/99 12/1/99 Amount through November of 1999 $ 5 ,279.78 $ 12 ,578.77 $ 17 ,547 .00 $ 82.895.0 3 $ 42.884 .39 $706,879.79 $101 ,531.10 $ 1,307 .51 $ 21 ,106.68 $ 2 ,565.60 $222.183 .38 $ 3 ,107.40 • .. •. .. . ' . ' . 0 0 3 - • • .. • • -- James S . Kimmel, Esq . 4/8/99 Kissinger & Fellman, P.C . 11/20/99 Kutak Rock Nathan Bremer Dumm & Myers 1/12/99 Otten Johnson Robinson Neff 11/24/99 & Ragonetti Semple Miller & Mooney 11/5/99 Senter, Goldfarb & Rice Weiner Schiller & May P . C . Paid from Water Utility 2 3 4 EURA Special Appropriation pursuant to Agreement Paid by EEF or MERF Paid from Waste Water Utility .. .\ .,_ .. 'I J . ' . .. 0 $ 3 15 .00 $ 1.691.81 $ 3 ,026.00 $ 14 ,892.85 $ 45 ,375.00 0 2 32 • ,,-. • t•. , .. ,• ·, • - AGENDA FOR THE REGULAR MEETING OF .. ... THE ENGLEWOOD CITY COUNCIL MONDAY. DECEMBER 20 . 1999 7:30 P.M. 1. Call to order. f): /!::iJ ~ 2 . 3. Invocation . /}~ Pledge of Allegiance. .\ ._ ... a . Boy Scout Troop 92 will present the colors and lead the pledge of allegiance. 4 . RollCall . ?~ /II~ 5. Minutes . U'f'{; ~ IA a. MinujeJi !t~m Regular City Council meeting of December 6 , 1999 . f.P ( lt'if!:M-1 J): AJ~YIOt-2- s. Scheduled Visit . (Please limit your presentation to ten minutes .) a. Bill Rademacher, from Boy Scout Troop 92 , will be present to request the use of Centennial Park Lake for canoe training. 7. Non-Scheduled Visitors . (Please lim it your presentation to five minutes .) ~ 8. Communications , Proclamations , and Appointments . ·~~· wr u r;--'L b. Letter from Todd Allen indicating his >8fiJ'7~~r~ the Englewood Code Enforcement Advisory Committee . / /tA.N""u 9 . The results of the Keep Englewood Beautiful Holiday Lighting Event will be announced . Public Hearing. (None scheduled) PINN nale: I you haw a cleabllly and Med auxlllary aids or wvlcH, pleue notify the City of Englewood (303-782-240I) al INat 41 houra In aclvMce ol when NrVlcN .. nNded. Thank you. '-.. .. I· 0 I .] • • Englewood City Council Agenda December 20, 1999 Page2 10. .. . ~ r~l ......... .. ,. ,,.-· ,\ • .. • -.. Consent Agenda . a . .,,y of Q,d;aaooo, 00 f;,st Read;og. orrl. a !{) /, (r I -& ... b . Approval of Ordinances on Second Reading . ;:;}#!i '1:JI"; ~ ()1)./t _!['; i. Council Bill No . 77 , amending the City's Historic Preservation Ordinance . w /1:-!]f_ ii. Council Bill No. 78, approving an amended Intergovernmental Agreement with the Arapahoe County E-911 Authority . (Yl d/J: !]!)_ iii. Council Bill No. 79 , approving an Intergovernmental Agreement with the Colorado Department of Transportation for South Broadway Abandonment. ~ !k_ iv. Council Bill No . 80 , approving an agreement with the Englewood Lions Club for maintenance of the Englewood Lions Club 's Miniature Train . • O'l dJI-!]J_ V. Council Bill No . 81 , approving a contract with the Victim Assistance and Law Enforcement (VALE) Board for grant funding . ()U # jp_ vi. Council Bill No . 82 , amending sections of Title 3 of the Englewood Municipal Code referring to the Career Service Board. C. Resolutions and Motions .Yri /rYDI--f~ 10 (!_ I Recommendation from the Department of Financial Services to adopt a resolution approving a supplemental appropriation for year-end 1999 to comply with City of Englewood Charter requirement~RCE: Frank Gryglewlcz, Director of Financial Services~ hJWot I/ 11. Regular Agenda . a . Approval of Ordinances on First Reading . £) b . Approval of Ordinances on Second Reading. c. Re~ons and Motions. ff 12. General Discussion . a. Mayor's Choice. b . Council Members' Choice . PINN note: If you have a dleablllty and need auxiliary aids or aarvlcea, please notify the City of Englewood (303-762-2405) at least 48 hours In advance of when aarvlcea are needed. Thank you. .. . .. ' ' I • 0 32 - • Englewood City Council Agenda December 20, 1999 Page3 13. City Manager's Report. a. CityCenter Englewood Update. 14. City Attorney's Report. Adjournment.~ <f,{O • ,\ • .. • •• .. 0 The following minutes were transmitted to City Council between December 3 and December 16 , 1999: • Englewood Planning and Zoning Commission meeting of November 16, 1999 • Englewood Public Library Board meeting of November 9, 1999 ....... nala: I you .... a 111111 a, and Med auxllary alda or WYlcN, pleaN nollly a. City of Englewood (303-712-2405) ................... of when NrVlcN .... rlNded. Tiwlk you. • .. , . • I· 0 • • -• .. ,,... . •,. - I f!JJJr-rJ?iuc-~ A ~.diJ>i -~ '?;~i~- 1:&M ,~ ~~ ~l/ v- . 1,/" 'Vvi~~ V ""-----L--, VV..K,K/· --'~ 5. ~ f!e_ 1~/91 ~ -~fw' ~tf-__ • •, .. 0 I· 0 .. ,-~---~--' . .. 0 • - 0 • • I . l -• f • ? " • • -. ~ff W(Jf I •, ,,.-. 0 -' ~ (!)~~ ?:J~ ()Juf /{)()9-~ • A._, ~ t1YL.J ·*;-~~ ~ ~ €/)@Uk (!)} p -r;lirv ?J··(V • . . I .