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HomeMy WebLinkAbout1999-05-17 (Regular) Meeting Agenda• ,, - - • - <. • .~ .. • 0 • REGULAR CITY COUNCIL MEETING • MAY 17, 1999 ORDINANCE #~Y,30, 31, 32, 33, 34, 35, 36, 37 RESOLUTION ~ 55, 56, 57, 58, 59, 60, 61, 62, 63 • • • 0 , ~') I - - • • • • ,. - <, ... ENGLEWOOD CITY COUNCU. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO May 17, 1"9 I. Call to Order The regular meeting of the Englewood Cily Council was called to order by Mayor Bums at 7:40 p.m. Mayor Bums welcomed Cily Manqer Sears back from his vacalioa, and danked Aeling Cily Manager Black for doing a paitjob in bis ablence. Mayor Bums advised dial Council Member Gam:tt was out of town, adding dial Council was on a a,nfermce call with him this C\'elling during ExcculM Seaion, 10 be has been participating 1M11 though be was DOI here . 2 . ._.... The inYoallion was P'CII by Council Member Nabbolz. 3. The Pledge of Allegiance was led by Mayor Bums. 4. Rell Call Present Council Membcn Nabholz, Gruulis, Bnldsbaw, Habenicht, Wagoner, Bums S. Mia.ta Council Member Gamu Also praem: Cily Ma-,r:r Scars Cily Aaonley BRIIZlllm Cily Clcrt Ellis Dift1Clor Silllplllll. Neipborbood ........ llftdopmeal DiftlClor Glyglcwicz. Fiaacial Scmces Diftlc:lor Black, Parks ..a Rec:rea1ian Dift1Clor Eaton. "-Resources Dift1Clor OI-. Safety Scrvic,es (a) COUNCD, MEMKR •RADS11Aw MOVED, AND IT WAS SIECONDED, TO APPROVE THE MJNUnS OP THIE llEGUIAR MUTING OP MAY J, I"'. Motion carried . 6 . Ayes : Council Membcn Nabholz, B......_, Habeaic:111, w..-. Gnzulis, Bums Nays: Noae Ablcn&: Gamu ..... • I . ___. • • 0 , - • • Eackwood City C1111acil May 17, 1'99 Pattl • 0 • (a) Lany Nisbet, of the Englewood Public Schools, said be just wanled to bring Council up to date on what is happening in the school dillria. He advised thal the community passed a $27 million bond referendum to support the rcf'wbishing of' lbc IChools ud fw1la their progression in technology. He reported that S22 million of'tholc bonds werc lOld in 1-.y • a very favorable rate. We immcdialdy began work on identifying companies thal could help with lbc projccl. be said, and that wort, after extensive in\'cstigation and illlcrview proccues, Im rcadtcd in the ICloctioa of' Sverdrup CRSS , a management planning group that m-,cs CXlllllnlCtioa projec:ls. Thcy are 111as1ec planncn and consuuction managers for the ..,coming bond wort . Mr. Nisbet added that be Im never nm into a more organized group in his entire life. We have • ovcniglll group thal is rcprcacalalivc of' the entire community, which meets once a mondl. be continued. and receives an..,.._ and ovcnecs what is happening with the bond wort. We also have an ovcnighl commiaec with citiu:ns and llaff II each silc, be advised. who are, cum:ndy, IDCding •much• twice a week with ardaitccts to clc\oelop the IChcmalic drawings and move forward with the projec:ls. It is IIIOll exciting. be lllid, and the iafonmlion supplied to Council is a very small piece of the outallllC of a planning session to dctermiDc the pis and objectives for the bond wort . Mr. Nisbet fdt Council would find them quite comprehcnsiYc and logical. Six top goals were identified, he Slaled. The finl is quality over quamity, when possible, ClOIIIIJUCtion would be whal we told the public. We are very serious about keeping that covenant with the public, he said, and that is why we have multi-bycrcd ovcnight comminc,cs rcprcscnled by citizens. Other goals are to produce cost effective operations and minimize disruptions to our educational programs, be said, adding thal CRSS bdicvcs thal it is lo our advanlagC in this community to move forward as rapidly as we can with the planning phase and the development phase. We were originally thinking it would take up to three years to do this projccl. he advised. bul we are going to try to finish it in a year and a half, so tbcrc will be a lot of inlCnsM: wort going OIi • cad! of' the school sites. They have begun the planning and the schcmalic proc:css. with the hopes of' rdcasing the wort for bid by October or November of this coming fall, and beginning consuuction shortly thcrcaftcr. Mr. Nisbet Slaled thal Englewood will probably alter their school calendar for the year 2000-200 I, most likely because they want a very long window in the swnmcr after this one. We will probably go beck to what was a traditional calcndlr many years qo, starting school, in all likelihood, after Labor Day, and ending later in June than wc have for many years. he said. Thal would give us a full three-month window for -;or CIOIIIUUCtion to take place. Thcy will begin this spring and summer with some emergency type wort. tbcrc are some leaky roofs and some ADA thiap thal need to be accomplished in some of our schools to accommodate students who will be aniving next year with some rather severe problems. That is where wc are, at this poim. lie concluded. He rccopiml tblt Council is used to releasing bids and ovcrsccing some construction things thal ac Fing on in the community, and this is only going to compound that wort, he said. He allowed m. it will be quite hectic. Mr. Nisbet said be has been appointed by the 8oaJd to be the liaimn with all the aJllllnlclion wort. bond wort. and wort with community agencies . He said he has already been in a,nlatt with Director Black in terms of' how they will coontinltc recralion programs. and other~ in the City that cm be helpful and nocd to be aware of wbal is Fing on • wc -11 around our various sites. He said he a,uld. pabaps, CORIC beck on a somcwhal regular basis to updlllC Council. City Manager Scars asked who the a,ntractor will be . Mr. Nisbet said the a,ntractors have not been himl yet . He rq,ealed thal lhc management team is Sverdrup CRSS. He said he should have mentioned that lhrcc architectural firms were hired, DLR Group, who will be handling the middle school projects. Also, Dulaney Architects. and, be inlerjccted, Dan Dulaney lives in Englewood, and has quite a background., panicularly. in elementary school dcvelopmenl. and he will be doing OW' elcmcntary schools. The thud firm is H &. L Archilccturc, be said. Each of the three firms IClcctcd to dcsip lhc project Im a ditrerenl package. CRSS thought ii would be helpful , be advised. lo break our projects down inlo smaller packages, ralbcr than S IO or SI I million packages, down into SS and S6 million pacbgcs. They feel , with the amount of' building going on in Colorado, they will be able to draw to us IOIDC a>asbUclion firms m. are of a size that they will be comfortable with the projects and in lune with wbal is lllppmiDg in the community. Thal is why Ibey believe we can c:oaqKaS this down into a lhortcr time period and UIC smaller packages 10 get good bids and good contractors. ' •. .. • • C ' • • • Enpewood City Council May 17, 1999 Pa&el • 0 • Mayor Bums commented that he went to the fair again this year at Chenclyn. m Saturday , for their school. He said he was talking to Vickie Mohr, the principal, about whether the school population was going up. Ms . Moore said she wished it was going up . She said we see a lot more toddlers around than in the past few years. She added that, as they get into the system, she wished we could keep them . Mayor Bums said Iha& is the age old problem of the housing, and this has happened O\'Cf and over in Englewood . As these families grow, they move out, and we really have a challenge with our Rehab Loan program and other things that are going to happen around the CityCenter project, to improve the housing stock in the community . He said Ms. Moore felt that we start them out, but they don't end here, they don't get to the high school , and that has been a long-standing problem. Mr. Nisbet agreed . He said it has been like the provcrtlial rat going through the snake, it staJts out a pretty big bulge, but as it works its way through the snake, it stans getting smaller and smaller. One of the trends we are seeing, he said, is that the redevelopment of Englewood is aln:ady starting to have an impact. Unf0111Dately for us , it is an impact in a little different direction, in !bat land prices in Englewood are starting to go up, in anticipation of quality things happening in this community . The young staner families are having trouble getting in now. Mr. Nisbet said he bclic\u that will~ out, and take care of itself in time, but he feels we will go through some clifracult times in the near future with regard to enrollment, and the budget is being built on the basis of one hundred fewer students next fall. Mayor Bums said one other thing, which is a litUc bit off this subject. is that he ran into Owtcs Holmes last week and they were talking about the beautification project on South Broadway . He said he talked to him about Flood Middle School and that north part up there, and asked him if there was any kind of budgetary process for combining with the City and its wort on Broadway 10 help beautify that a,mer a little more. Mr. Nisbet agreed that it is a little start . He said they have plans in the bond to replace that very stained and broken and cracking concrete that holds up the buis of !bat fenoc .-ound, wbal used to be. playground area and tennis cowts. Thal will be replaced and should llllkc it look~ helter, he said, but maybe there are other things we could take• look al mutually, be aid. If.._ is a topic we should~~. he said he would be happy to talk to City Manqer Sears. Mayor Bums said Art Scibelli would be happy IO do 11111 oa -NBD ltaff. • lie is doiDg -pal wort . He said he would put in anolber pitch for -... _,-IO lalo Ille bridF ow:r Highway 21S, bClcaulc WC have been talking about dial for a a,uplc of years . Mayor .... opilled dlll it would be great if WC could combine our dforts right there al tbat localioa &o brailify dial -. Mr. Nisbet said he would Fl a hold of Mr. Scibclli and begin --.aiMioa about the possibility that WC mipl do POdhi .. jointly there . Mayor Bums COllgfllUlaled Mr. Nisbct on the projca ad lllallked • far maiag. Mr. Nisbct said it will keep them pretty busy for the next year and a half, and ilMted ~ IO c:all Ilia widl Ill)' queslions they may have . 7. NOll-ldletlnled Viliton (a) James Coleman. 4320 South Pmmylvania Street, said lie is a loag tiac c:ilizm of Englcwood . He said he would like to place on the ballot of November, 1999, • _,.,,. 10 rdonn the qualifications of City Council Members. In the Home Rule Charter, Seccion 23 , ii lllleS ~ao ~ shall be eligible for the olTicc of City Councilperson unless. al the time of the election, tllc ~ is a citizen of the United States, al least twenty-five years of age, and shall have been b ODC year inwodiltdy preccdiDg such election, a registered dcctor of the City." Mr. Coleman said be pnlpOICI to lower tllc qe qualification to i-nty-onc. As the populalion of the City of Englewood pvws, the 8YC1aF 11F of the citwm ICICIIIS to drop . He said he fec1s it ii pertinent thal yGWIICI' c:i1izms IR pn,per1y Npi-=-cl, and it is also imponan110 give every caplble candidale the opportunity to -• a City Council Member of ' • • • ' - E•&lewood City CCNIIICII May 17, 1999 Pqt4 "· ,, -• • I • • Englewood, if so desired . He thanked Council for their consideration and offered to answer any questions Council might have . Mayor Bums thanked him and said Mr. Coleman's request was well prelCllled. He IIOICd it was an interesting question . Council Member Bladshaw said the School Board allows eighteen year olds. Mr. Coleman said he dilCUIICd ways to have this question put on the ballot with City Clerk Ellis, and found that either Council can approwe it. or he would bave to get enough siglllltula to do so . He said be hopes he can get a timely respon9C, 11> thal be can wort on that if necessary . City Attorney Brotzman said tbat is llUe. and it is just a question of when Council wanlS to take that up. Council Member Bradshaw said she bad no problem with it. and Council Member Nabbolz agreed. Mayor Bums asked if they meant they did DOI bave a problem doing it. Council Memben Nabholz and Bradshaw responded that they did not. Mayor Bums said it would be interesting. He asked if the other Council Members bad any thoughts on il Council Member Waggoner said it was a little loo quick for him to decide . Council Member Grazulis asked ifit could be considered II a Study Session . Mayor Bums said he did not know whether we bave any CWTCDI population figures. We are almost al the time or a new census, he said. Mr. Coleman said he does not bave any statistics. just general knowledge of people be pew up with. who bave remained citizens. People be went to Eng)ewoocl High School with still live in the arm, be said, and actually own homes and are raising their families at a young age here in Englewood. Mayor Bums asked Mr. Colema bow old be is. Mr. Coleman rapoaded thal be is ainmdy hwellly. He said he is a c:o11eF gnidulle of Dean Colqe in franklin. Mvndlveetts. be ....... PIii Bela Kappa, wbich is the Nalional Honor Socidy. He said he IIICMd back here, bad planned to ID to Comdl Uaiversity in Augml. however, he was offcnld a pal job with Wdls Fargo as a -*ing officer, and they are offering to pay for the raa ofllis educalion al the University of Denver. Council Member Nabllolz said it would be IOod to look at it quic:tly, becaUle it is a bigjob to Fl sipllllla. iftbat is Ille rou1c be Im to ID· Council Member Bradsbaw lllbd MIii die lime line would be. City Clerk Ellis rapoaded dlll * -.Id like to bave the i.llac quellioa -11 the fint meeting in JIUIC, if we can . She said lbe Im a IClledale C111 thll llld could look al it apill. eo..:il Member Bradshaw uked if ii would be within lllll time. Ms. Ellis said yes . Ms . Ellis Slid Ille did a --, C111 thll, whicb lbe could get to Council, as far as the aclual dales. She said she was thinking it -die lint meeting in June, that she was going to try to bring the Intergovernmental Agreemem with Arlpaboe County at thal lime uyway. City Manager Sean said we can pnMcle population information on the clemognphics of the City . He asked if there are uy other items. Council Member Habenic:111 said she would like to know the ages in other communities. Mr. Coleman said he is familiar with a oommunity in New Y Oft where the mayor is nineteen years old. Mayor Bums again thanked Mr. Coleman for an excdlcnt praentalioo. Mayor Bums said their decision must be made by June 7"' in order to get it OIi the i.llac. ' I .. • • 0 , - Ea&lewood City C01111ei1 May 17, lffl Pqt5 <. • • • (a) A letter from Barbara Fout indicaling her resignation from the Englewood Code Enforcement Advisory Board -amsidcrcd. COUNCIL MEMBER NAIIHOLZ MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET THE RESIGNATION OF BARBARA FOUT FROM THE ENGLEWOOD CODE ENFORCEMENT ADVISORY BOARD. Motion carried. Ayes : Council Mcmbcn Nabholz, Bradshaw, Habenicht, Waggoner, Grazulis, Bums Nays: None Absent: Council Member Ganett (b) A proclamation honoring the Englewood High School Seniors being recognized al the Senior Awards Ceremony was considered . City Clerk Ellis read the proclamation in full. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING THE ENGLEWOOD HIGH SCHOOL SENIORS BEING RECOGNIZED AT THE SENIOR AWARDS CEREMONY. Motion carried. Ayes: Council Members Nabholz, Bradshaw, Habenicht, Wagoner, Onzulis, Bums Nays: Nooe Ablcnt: Council Member Garren 9 . hblk Baria& No public taring -IChcdulcd 11cm Council. 10. C....CA..- MAYOR BURNS REMOVED AGENDA ITEMS te (a) (i) AND te (a) (II) noM tu CONSENT AGENDA. (a) Approval ofOnliMDces on Finl Radia& COUNCIL MEMBER WAGGONER MOVED. AND IT WAS SECONDED, TO Al'PllOVE CONSENT AGENDA ITEM 10 (a) (I) ON ffllST llEADING (i) COUNCIL BILL NO . 31, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AU'JlK)RJZING AN INJ'ERGOVERNMENT AL AGREEMENT BETWEEN BUCKLEY AIR NATIONAL GUARD AND 11IE CITY OF ENGLEWOOD FOR USE OF BUCKLEY'S FACILITIES BY 11IE ENGLEWOOD DEPAR1MENT OF SAFETY SERVICES . Voceraultl: Ayes: Nays: Council Members Nabholz, Bradshaw, Habenicbt, Wqgoner, Grazulis, Bums Nooe ' • I .. • • 0 , - • • • En&lewood City C1N1ncil May 17, 1999 Pqe6 Absent : Motion carried. • 0 I • • Council Member Garrett (ii) Director Simpson presenled a recommendalioo from the Department of Neighborhood and Business Development to adopt a biU for an ordinance amending Title 16 of the Englewood Municipal Code to include Parts, Rccration, and Open Space .lone DiSlrict. Mr. Simpson asked that a Public Hearing be set for June 7, 1999 to receive public testimony on the propoml ordinance. He said he understands that the Parks and Recreation Commission bas submitled a letter requesting some changes and those issues can be considered at that time. COUNCIL BILL NO. 33, INTRODUCED BY COUNCIL MEMBER BRADSHAW A Blll.. FOR AN ORDINANCE AMENDING TITLE 16, CHAP'raR 8. AND CHAP'raR 4, WTm nm ADDmON OF A NEW SECTION 22, ENTITLED MPARKS, RECREATION AND OPEN SPACE DISTRICT," TO nm ENGLEWOOD MUNICIPAL CODE 198S. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (a) (ii) ON nRST READING, AND TO SET A PUBLIC HEARING FOR JUNE 7, 1999 TO CONSWER PUBLIC TESTIMONY ON THE PROPOSED ORDINANCE. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AMEND COUNCIL BILL NO. 33 BY DELETING THE LAST SENTENCE IN ll'-+22 D. Council Member Waggoner explained that the semence says the development review team shall submit a written advisory repon and recommendation to the Planning and l.oning Commission for review and recommendations after a public hearing. Council Member Bradshaw asked if Ila eliminllioo is the Parks and Recreation ~ Mr. Waggoner answered affirmatively . Mayor Bums asked if we ha\'C alrady been through 1h11. Diftdor SimplClll said yes, the proca1 for this ordinance was 1h11 Slaff took the origiMI onlinlncc IO the Planning Commigjon aad Ft their illput. We prepared an ordinw:e. in cllaft form. took it to the Pam and Rccratioa CommitFion, naiwd their iaput, and then proceeded through the official prociCII with the Planning Comrniaion, in whidl they made - amendmelU to the draft and appruwd it in this f-,o11 11:e toniglll . Mayor Burns said, if you ha\'C a development rcview team, as he undenlands it, normally in the zoning process, the development review team nonnally does rq,ort. Mr. Simplon said 1h11 is correct. This isale, he feels, is that it must, even with that report, go back for a public hearing with the Planning Commillioo. Council Member Waggoner said it was felt by the Parks and Recration Commiaion 1h11 it would add at least another three months to the time line and 1h11 they fdt ii was tolally U1111COC11ary . Parts and Recreation is really the one that does most of the wort on il Mayor Burns asked if he was concerned about the public hearing itself, and whether he could jllll strike that instead of the whole sentence. Mr. Waggoner said they wanted the whole scnlena: struck . Director Simpson said the Parks and Recreation wanled the entire sentence stricken from this ordinance. Mayor Burns said it Slalcs that the development review team shall , on a case by case basis, consider impacts of the proposal, and so fonh . Then it says they shall then submit a written advisory rq,ort and recommendation. If they don't submit thaL he asked, whal is the result of their analysis? Director Simpson said, perhaps. a written repon could be prepared from that analysis and forwarded to both the Parts and Recreation Conunission and to the Planning Commission. ' •• ... • • , -• • • \. E•&lewood City Council May 17, 1999 Pap:7 Council Member Bradshaw said it is still going to add time, and that was their amccm. Council Member Waggoner said time in the sense of the hearing. Mayor Bums said he was just speaking generally the way that these 7.0lling things do. If you have development review teams, a review team is very common for a city. and thal means your department heads normally. Director Simpson said the way a private application a,mcs in is simply that it a,mcs in. it is reviewed by the developmenl review team. which is composed of Public Works. Utilities, Planning. Building, all of thole groups. Each group checks and reviews all of the regulaaons m each individual area to make sure that things have been addrascd. Mayor Bums said as long as they do that, he is salisfied. Council Member Waggoner said that is the nonnal process anyway . Council Member Bradshaw said this is saying that that is the process, period, without another hearing. Mayor Bums said without another report. Director Simpson said, with the elimination of the sentence, it saves time in tbal you don't have to go back through the Planning Commission for that public review . A public hearing would rcquiJe notification, legal notice and all that. Mayor Bums said he just wanted to be sure the team is able to do its wort and is not cut off at some point Mr. Simpson said he appreciates that Council Member Bradshaw said she would aa:cpc that amendment Vote -'ti• die -ed e t: Ayes : Council Members Nabbolz. Bradshaw, Habcnic:hl, Wagons, Grazulis, Burm Nays: None Absent: Council Member Gumt City Attorney Brotzmlll poinled out 11111 dlere is a typopapllical error on 111F tine. It lbauld lad ~Pim. RccraliOD anc10pen S.-,C" r.iier • ~enc1 Open s.-,e ." Mayor Bums added 11111 ii is ill die title m 111c paragraph. Vote reaaltl • letti•& die plllllic Ilaria& UNI _,.nna .t C•adl -Ne. 33. aa -'-: Motion carried. Ayes: Council Members Nabbolz. Biadshaw, Habcnicbl, Waggoner, Grazulis, Bums Nays: None Absent : Council Member Gumt (iii) A ra:ommcndalion from the l)qatJnenl of Financial Services to adopt a bill for an onlinance extending the waslc transfer surcharF waiver unlil December 31, 2001 -CIOlllidemt . Council Member Wagons said he hid I clarificalion question. He DOticod dlat Sllcridln is pat m the group thal would hive the advaiugc m hiving the surchlrge lifted. ffc llked if dlere was I recipnx:a1 agrccment in their waslc transfer on1inuce thal they have puaad. Mayor Bumi llid he would kind of doub( it. If not. Mr. Waggoner said, then he was not sun: Sberidln lhould aot be I pat m this one . ' •. I • • 0 , Easkwood City Council May 17, 1999 •••• <. • 0 , . • ... Council Member Bradshaw commented that she was thinking that too and she was glad he brought it up. But. she said, maybe we could be good neighbors and leave them in there . Council Member Grazulis noted it has to start somewhere . Council Member Waggoner said leave them in there, but let them know that we left them in there . He thought that sounded like a good idea. Ms . Bradshaw said it needs to start lllllleWhere . Council Member Habenichl thallicd Qiuncil Member Waggoner for bringing that to their atlelllioo. COUNCIL BILL NO . 34, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AMENDING Tl11..E 4, CHAPTER 7, SECTION 11, OF THE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING 'JO THE EX'IENSION OF THE LIMITED WAIVER OF THE WASTE TRANSFER SURCHARGE . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (a) (JU) ON FIRST READING. Ayes : Council Members Nabholz, Bradshaw, Habenicht. Waggoner, Grazulis, Bums Nays : None Absent : Council Member Garrett Motion carried . (b) Approval of Ordinances on Second Reading COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (I) aN (I) ON SECOND READING. (i) ORDINANCE NO. 21, SERIES OF 1999 (COUNCIL BILL NO . 25. INTRODUCED BY COUNCIL MEMBER WAOOONER) ,, - AN ORDINANCE AIJl1IOIUZlNG AN INTEROOVERNMElff AL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD WASTEWA11!R EN11!RPRJSE, SOlT11f ARAl'AHOE SANITAT10N DIS11UCT, ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS, SOU111GATE SANITATION DIS11UCT, AND WASTE MANAOEMElffOFCOLORADO, INC . APPROVING THE EXIBNSION OF WASTEWA11!R 11lANSMISSION AOREEMElff. (ii) ORDINANCE NO . 29 , SERIES OF 1999 (COUNCIL BILL NO. 30, INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUTHORIZING A GRANT OF PERMANElff EASEMENT AND TEMPORARY CONSTilUCTION EASEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND CEN"IBNNIAL WATER AND SANITATION DISTRJCT, FOR THE PURPOSE OF CONS11lUCTION, MAINTENANCE AND OPERATION OF A PUMP STATION . Vote raultl: Ayes : Nays : Absent : Council Members Nabholz, Bradshaw, Habenicht. Waggoner, Grazulis, Bums None Council Member Garrett ' I .. .., • • 0 , - • • • ,~ • (, l:a&lewood City Coaac:11 May 17, 19'9 .• , Motion carried. (c) Resolutions and Motions MAYOR BURNS REMOVED AGENDA ITEM 10 (c) (iii) FROM 111E CONSENT AGENDA. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (I). (II), ud (Iv). (i) RESOLUTION NO . S4, SERIES OF 1999 A RESOLUTION APPROVING AN INCREASE IN BENEFITS FOR 1lfE RETIRED POLICE omCERS. (ii) omCE SUPPL y CONTRACT WITII CORPORATE EXPRESS FOR 1999/2000. (iv) REMOVAL OF HANNS KNUPPERTZ FROM 1lfE ENGLEWOOD URBAN RENEWAL AUTHORITY . Motion carried. Ayes : Nays : Absent: c.ouncil Members Nallholz. Bnidshaw, Habenicht, Waggoner, Grazulis. Bu.ms None Council Member Garren (iii) A RICOl1UIIClldal from the Department of Parts and Recrmion to approve, by motion, a amtract for the aJIIIIJUction aL Clayton Athldic Fields was considered. Council Member Habenichl med if this includes the .-,ldag. Director Black rclpllDlled that it does. c.ouncil Member Habenicbl med if it addrmes adequate pmlting for what the space will be ulilmng. Mr. Black said yes, pa,t aL this will be inaasing cunmt IOUth pning lot, IOUth aL the building. adding 1J11Ce1 with that. We fed dill parking will be IUfrlCienl. be said. Ms. Habenich( said it is her iaderllaadiag 1h11 this field isjull to be Uled for youdt ~ Mr. Black said youth ~ which includes the hip IChool girls' IOftball team. Mayor Bums said the CIOIIUIICI provides for the complelioa aL work lixty days after IIOlificalioD aL ~ aL wort . He med if thal is bow loag it -.Id lab. Direct« Black aid yes, our plan is to start as soon as school is out. becaUle or the noise . Within sixty days. the field lbould be a,mpleted, and possibly ready for play in the fall. be said. Council Member Bradshaw said good. nice cooperation. Director Bladt said yes, it is a peat project. Mayor Bums said it was a good project, and he thanked Director Black. COUNCIL MEMBER BRADSIIAW MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRACT WITH RMT SPORTS TIJJUI' CONTRACTORS IN 1111 AMOUNT OF S71,2!0, J'OR CONSTRUCTION OF Cl.A YTON A111U11C FIELDS. Ayes : c.ouncil Members Nallholz. Bnidshaw, Habenicht, Waggoner. Grazulis. Bums Nays : None Absent: Council Member Garren ' •. I • • 0 , - Ea&lewood City CCNIDCil May 17, 1999 PqelO Motion carried. 11 . lleplar Aaeada • • • (a) Approval ofOrdimnccs on Finl Reading There were no additional ilCIIIS submitted for approval on first reading. (Sec Agenda Item IO -COlllelll Agenda.) (b) Approval ofOnlinanccs on Second Reading Thcrc MR DOadditicMal ilcam llllllniaed for approval on IIXXlnd reading. (Sec Agenda hem 10-COIIICIII Agenda.) (C) Raolulioas and Motions (i) Direclor Ea&oo pracnlcd a recommendation from lhe Human Raounles Depanmenl 10 appl'O\'C, by IIIOlion. lhe appoilllmall of a hearing officer. Ms. Eaton advised lhll there bas been a requaa liom • member ol lhe Safety Services Department for a heiring. Mayor Bums asked who Council appoilllcd lhe last time. Council Member Wagoaa-aid be clicl DOI remember, bul asked if there wercn 't five on lhe list before. City Auomcy BRIIZIIIIII aid no, there MR only three, and Qiuncil appoimd Macl.ean and Aiscnbcrg previously. COUNCIL MEMBER aRADSBAw MOVED, AND IT WIIB SECONDED, TO APl'OINT RONALD J. COREN AS RI.ARING OfflCER. Motion carried. Ayes: Council Members Nlbbolz, Bradshaw,~ Waggoner, Grazulis, Bums Nays: None Absent : Council Member Gamtt • •••• Council Member Habenicbl called for a point of order. She asked if Council bad, iDdeed, ....,.S (c) (iv). Mayor Bums rapoodcd affinnaliwly. 12 . ~Dmlliae (a) Mayor's CllOice (i) Mayor Bums said be had noticed quite a bit of graffiti on lhe north wall of lhe Masonic Lodge as be drove by it lhe olher day. (ii) Mayor Bums said be had already mentioned bis aaendancc at lhe Clierrclyn School fair. (iii) Mayor Bums advilicd that lhe Clean, CiRlcn and Proud Golf Tounmnent is coming up Jw,c 14•, and Ibey WBlll lhe reservations in pmty quickly . He reminded Council that we usually buy a couple of fOUl'IOIIICI for 1h11. Council Member Nabholz aid Council had already approved two founomm, and lhe requal DOW is who is going 10 play? ' •. '· I .. ,; • • 0 , - Ea&kwood City C1N1ncil May 17, 1999 ..... <, • • • Council Member Grazulis advised thal she mUSI pull her name from it. • she mighl be in Missouri that day, heading back for Council that night . ;- Council Member Bradshaw said she could play. Ihm. realized it -oa a Monday, and said no, that is the tint day of class. C-ouam Member Nabholz said she jUSI needs to know wllo is playillg iD die Couacil 's two founomcs. She said lbe knows o( Council Member Garrell. herself, City MuaF-Sews, Mayor Bums, City Aaomey Brot-. and Din:ctor Simpson, allhough she --wlledlcr Mr. S.,.,. -playiag witll dmn or Wider NBD 's foursome . She said ii is a grea1 IOUIIWIIClll aad die~ goes for -WOllderful pn,jeas. Mayor Buras said wc are playing on the Englewood a,unc for die ._ ._ ill a few ~- c-:il Mallllcr Nabholz said the Qimmissioo members~ -W wry 1111d 111d goacn a larwe lpOIIW'lhip from Craig Holpilal. (iv) Mayor Bums said the Soudl Meuo Cbamber o(Commerce is having its annual luncheon, and wc do a fair IIIIIOUIII o( IChmoozing cm:r there. George Slephanopoulos is lhc guest speaker, be said, and be fdt they were gelling quite a reaction lo that II is a little niore expensive than normal, be said, at $40 .00 wilhout the book. If YINI pay SS0 .00, you get his book. which is wonh $20 .00, be said, so you get a deal. Mayor Bums said be woukln'I mind going because a lot of people go there that we relate to and talk lo aboul our projects . Council Member Habenicht said, in the put, wc ~ lakcn a lable. Cily Manager Sears agreed . Ms. Habenicht said she would like 10 go. Mayor Bums said be has a feeling there is going to be quite a crowd at this . He said ii ison the 25• o(May, a Tuesday, at 11 :30 Lm. at the Hyatt Regency in the Tech Center. Cily Manager Sears said be plam lo go, also . Council Member Bradshaw said she will be OUI of IOwD . Council Member Nabholz said she is DOI available 10 go. Mr. Sears sugesled doing three for the luncheon, as ii might be pmty expensive to do the table . He said be would Id that up for three. M Mayor Bums said, pursuanl to the dilCUllion during the Executive Seaion, wc me giving notice that we are planning a conferaace call on Friday 111 10:00 u1. with Ci1y Council. It is regarding a real eslae matter, be advilcd, and wiU be an Executive Sellion. (vi) Mayor Bums asked if Englewood DownlOwD Developmenl Authority is going 10 do their concert series this unmer. Council Member Wagoner said yes, they just pulCld out the scbcdule II the last meeting. He said be did DOI get a chance to ICC ii. (b) Council Member's Clloice (i) Council Member Nabholz: I . She said she bad a call from a constit.-a, and noticed in her nail box IOlligbt that Cily Clerk Ellis bas already started womng on it We have • a1111tituenl tha1 was to bring rooacrs back inlo Englewood. She thanked Ms. Ellis for what she is doing with iL and said we will ciominue 10 work on ii. 2. She advised that she received a FAX from Ron Gold requesling that our gun laws be as strict as Denver's. She said she would pus that along for the rest al Council to take a look at that . 3. She reminded everyone 1h11 the Hislorical Society's Boxcar Sale is Jime I,. and 11•. She said she knows lhll Friday we have• big function cm:r at CilyCentcr, but the ale is from 9:00 a .m. to 3:00 p.DL We spent about four houn there today pricing things, she said . Mayor Bums llllled her to explain what a boxcar ale is. Ms. Nabholz said it is • prage sale for the HililOrical Society to help rai1e ftmds . 'J'llinp ' ' ' I .. • • 0 , - -- E•&lewood City Council May 17, 1999 Paa,t12 • • • arc slarting to come in and it is looking good. It is going to be a lot of fun, she said, and will be held at the Depot. Mayor Burns noted the Depot is looking better all the time . Council Member Nabholz agreed and, she said, bless Parks and Recreation as they have clone a wonderful job. (ii) Council Member Bradshaw : I . She said she had somc minor zoning infractions, which she pulCCl along to City Mamscr Scars. 2. She advilcd Council Member Waggoner that the Non-clDCrlCIICY meding would be a week from this 'l1lundly ID deal with the DROP Program. She said she W8lllcd him to 11.w that 1h11 is moving right along. c.ounci1 Member Wagoner aid very p,od. He uked if il will llill be cffeclivc January I . Ms. Bradlhaw aid ya, it will go back . She added that the Board bad been having a bani time 8dting together. 3. She uked if the Council Members had read the Library Board IIWIWIS. She said she got confuacd on the liplCIC for the Englewood Historical Society . She said she thouglll Council said thcrc would always be lplCIC for the Englewood Historical Society in the Library . Council Member Grazulis said the space is divided up between the Friends of the Library, who had no space, and the Englewood Historical Society. Council Member Nabholz said the minutes said it would be temporary for the Historical Society . Ms. Grazulis said, looking al the plans, it is divided in half. Council Member Habenicht said she accompanied the Cultural Arts Cnmmillion to a Libray Board meeting, when the Book Arts League, and other groups, talked about looking for space in the Library . One of the things thal came up, she said, was that thcrc was a real c:onccm OYW the space thal we bad designalcd for the Historical Society to baYc aff"ice 1p1C1C in the Library itself, in the board room -. It bad IIC\'CI' been communicated to the Council was that the Friends of the Library group was plamiDg to do ....,r programming kinds of thinp along with thal space . There was a real -. as the Library Board was talking about it, cspccially the IIIOll -'Y appoinlcd Libra,y Board member, thal they were very COIICIClllcd about giving space to one group and not the other. Especially. she said, when the one group is OUl thcrc building ra;ourccs for the Library, and can'tbavc any space thcrc, and another group Uial is a --profit group, not contributing to that. would have space. Council Member Bradshaw said Council dircclcd Mr. Long to find space for both, and be didn't. Mayor Burns and Ms. Habcnicbt aid he did. Ms. Bsadsbaw said no. be put them both in the amc plac,c. and that is DIil MIii WC uked him to do. Council Member Nabbo1z apccd. Ms . Habcnicbl aid thcrc was another meeting the next day, where lllc lpllke with mmconc from the Historical Society , and asked if they were, indeed, looking al hiving thal space all the time, or if they were looking at putting office space in the Depot . They aid they were looking al putting office space, and this was Les Jenkins that I talked with, be said they were really. priiwily. coaccmcd about their storagC space. She said she asked Director Long about the storage lplCIC. and be said. no . as far as be was conocmcd, the storage space was always being provided. but not by the Library . bul in tbal extra storage space was wbcrc it was being COIUincd. Council Member Bradshaw said he is playing a shell pmc, because this Council diRlCtcd him to find 700 square feet for the Historical Society in the Libra,y. Council Member Habenicht explained thal she was invited to aacnd the HillOric:al Society meeting. by Les Jenkins. We talked about the conocrn that was expressed by the Library Board members. she said, and the Friends of the Library said they did not go and lobby the Council and the HillOric:al Society did . It was ' ...... •. .. •· • 0 , - Ea&lewood City C111111eil May 17, 1999 •• 13 • • • Slarting to become a debate, an issue, where it did not need to be . As the people staJted to talk, and the people talked with DiRctor Long and with the HillOrical Society, and with the Libnay Board, there seemed to be a recognition that space can be ICCOIIIIIIOdale as space becomes more available. In terms of the Hi5lorical Society or even the Skenitt House. as all of these things become available, we can look at providing appropriate space for all of these pips in the right place. Another thing that came out of this was the fact thal the HillOric:al Society was inlaaled in renting out the basement of the Depot. As we staJted to dilcua this, it came GUI lbat they bad 2,300 square feet in the basement of the Depot. This Book Ans League and all of the plOIP'IIIIS that they had. their five groups, the Calligraphers' Society, the Letter Press Society, and au that, they need 1600 squarc feet. The HillOrical Society. for their office space, and wanting to go through their c:ollcctioa and p:t1ing dleir collection ready , it would be much better for them on-site anyway, would be the rCII of thal space. So we have a mccling a,ming up this Wednesday, which will pull lOFtbcr rcpraentllMI f'nlm the l...ibnly Bolnl, the Hisaorical Society, from the Friends of the Libraly, f'nlm the Culbnl Arla C-miaion and f'nlm the Book Arla League, to 1alk about how this space can be ICClOIIIIIIOdal for ewrybody IO thal ewrybody is in a win-win situation. Council Member Bradshaw said the minulcs c:el1ainly did not Slalc that, and that is wbcrc she got confused. Council Member Nabholz said she thinks this meeting is long overdue, because it is almost an us-against- them mentality . Council Member Grazulis said it was becoming a very heated discussion . She said she did attend the last Library meeting, which was on the 11 lh, and there were some new rcflcctions for some space for the Friends of the Library plus the Historical Society, which will be presented. Council Member Bradshaw said okay, because that is basically what this Council bad directed DiRctor Long to do • the beginning, and then it would disappear off of one ofTryba 's things and -it is back . Mayor Burns said he thinks it kind of came back in. but he felt that the problem was being solved in the best way, which is by working witb cadl other. 4. c.ouncil Member Bladshaw apokc of the paffiti on the old NorWCII site on Hampdm, by the Rehab Hospilal run by Swedish . She said tbole blue poles wbcrc the sign Uled to be, AR ~ being paimcd. City Manager Scars asked if tbis was acxt to the prdca CClllcr. Ms. B....._ lllid ao., it is._ tbe drive-in bank was . Council Member Nabholz said the spons medicine CC*r. Ms. Blalllllaw said yes . Mayor Buras IIIUCI if IOP!dhin& was 111N ~ • tbe old pidca cemer. He llid lie saw -llnlCll-" being dmc. Mr. Scan aid lie ...... dley 1111d .... pllCCI aff. • lie ....... ii, ha SMllilll, -lie is not ae w11a1 kind or-is...,.., dlcR. tte llid 11e a-.s. rn.lalkillltos...a.afflciall,11111111ey were having thal ID for lalc. Mayor Buras aid lie ..ad lie___. ia llmwiag wllal is...,. - there . S. Council Member Bradshaw said she would lillc 10 .._. _. llaff for ..tag 10 well witb Gucae and Associates . City Manager Scan said it was a arc-idea. and we UYC ae& widl dlca aad llopcftally they wiU CIOIIIICICI . They certainly arc a si7.able firm thal would be • aall. lie said. 6 . Sbe sugi:IICd tbal, • a lalelr dale. ~ _. IO iewicw -of tlle COllll'aCII witb our c:oasultaa that we have llind. in EJICIClllive Salioa -*r ,..._ .aer. Slic llid at tbc earliest poaiblc dale we probably need to lalic a look • dial . (iii) Council Melllllcr Gamilis: ' .. • • 0 I .• ... 0 ~ l'lllf1l'flllf [ ''lsil! a 'I :a i'J[ 'ti~ ii" i ~h~ . ·l1LHh I !J J;~l I h !f I !11 11, 1·1i 1 e.1 11 11 1 r 1.1: ;;· ""1: · s-1 r if r:;; r ~., t '1 f 1. f I' 1 e -1 ! I,,;! i•~1·t1[i! [ flJltfil [ fr 11 !•1• •It !~t Ji ~~,-l1'rll f!;~1r I lf;Jlff[ ~ ! ,~r fi is~( tlr ( l f la a.f 11 t f r = 5 I l ·a'• r f f11,:~1!&ff1lt I tl~JI 1 ·1· ~ I !f i1! i'f f(I it i"' i~'J~'lrlls i 111,lt [ ! 11 i -,1 (t i I ;;·f f iiJ1I 'ti· ('j ~ (11 '1~ t Ii tj Iii i t ··! ~ . J-1 !. s .11 •·fl I if I I H .f f ti .g i t I I' a ~ f. le r ·· ,1 1 il1fflli,1l1 ! ,Jl•t( t t ~I iii ~ii Ii t 'ir-1,~1l 111 l ttf !(:R" I , ~! 1-I~ s.J! ii: I ir~!r11f 1!~~, 11Jli~I I I f1· tti 11; 11. s ' l JI r r J, 1, I I " & ~ Jh ~ -· rt 1 !.l f I l!!l!!!~fil~i I !i!l111 i 11 Iii l~i ;I I.ii ~·~iii!~Jifl; I 1~J1jli i i iii i(J II • • • I I !!f ·~1 !g i r I . • :: - • E•&lewood City Couacil May 17, 1999 Pqel5 '· • • • 2. She said she had a call today from a citiz.en who was concerned about the DRCOG meeting coming up and some of the conc:cms about the transit versus the highway. She sbaffll that, unless Council would direct her to do otherwise, she would strongly support the actions DRCOG has taken in the plSl Which indicates that, while we an: not opposed to any highway construction that, prior to budFW)' concerns, might have been ~oped and giving money back, that we have been committed to the transit Ms. Habenicht said she would be voting in that direction. She said she feels it follows through with our commitmalt to the other municipalities that we have worked with u we worked toward the development of the SouthWClil Corridor. Unless there is any objection. she said, that is the way I will proceed. Mayor Bums advised that the paper said DRCOG is being ulled to vote OD the increase in ftanding for the highway lanes. He said he talked to the dim:lor of the C.olorado Association of Transit Agencies about Senale Bill 40 and House Bill 1382, where Tom NortOR of COOT wanted to be able to go around RID and Ft direct federal funding. Mayor Bums said, as he undenlandl, they did not quite tbim tbal dnngb. The lnlllit apacics ill all ditrerent pall of the Slate are designated by the Oovemor to receive funds for their an:a. The ,-why they did 1h11. and I discusled this with Cal Marsella this morning. he said. is so we have one prupcml fJOm eadl municipality, not three or four. So when they purported to go around Rm in the Soutbeul Corridor they affected every other transit agency in the Stale, he said. and have now managed to alicnale all of them. Some of tbese are just pure power plays. he opined. which, u you may have seen in the paper last wcct. the Fedenl Transit AdminillrMion came out and said last week not to do that We have plenly of money back here that ocher pciople can take, but you an: going to have to work together and cooperate. So that is • raal problem, be aid, as there is • ca1ain amount of power struggle going on that is not COIIICIUctive for the Soutbeasl Corridor or even the Metro Area. He said the Metro Mayors an: going to 11y to meet with Tom Norton and with the Governor in the next few weeks and talk to them about it, too. The Mayors came out very lllnlllgly oppolCd to tbal and RID did not see it coming. They did not know that that was going to be dropped CID them, be said. It jusl aated • lot of resentment and controversy that was not noc:essary, he asserted. But it bas affected all the ocher transit agencies in the Stale. Council Member Habeoichl said Ille jllll felt she lhould let Council know where we were and where she intends to go with that Mayor Bums said be appreciales that 3. She said there is graffiti. al11>, al whal used to be Fl'ODI Ran,e Plaling OD ~-It is Vac:an1 right now, she thought, but we rally need to look at 11111. Ms . Habeaichl advised they have taken the -off. Mayor Bums said ii is j ... llllltb of Tufts OD the ea& side. He suggested that City Manapr Scan cbect to see what is hlppenillg with that property. 4. She said the Engle1wood P'ullnulllCr-COIICCllled about -coaaac WMt OD 8nJadway and Lellip. She aid Ille would call Oty M-,er Scan witll llil -- S. She aid Ille has bad lleWlal people ....... ._.._ -p Ins in Englewood, ad tllll dley are not oomre«ihle with the p Ins ill Dmwa. 'l1lcy are l'lllly CXIDCCl'lled about the fact tbal -allow the sale of handguns and -it weapons and they do aot ill Demer. She aid there is rome rat C011CC1111h11 that is sending the wrong IIIC88F, apecially in light of the youlh and having guns. She said Ille cclloes what Council Member Nabholz said and would like 10 see III look into that and see where we are compatible and where we are not and what we need to be doing so that we are sending the right mcaqe with our ordinances . Mayor Burns said he thinks the gun bills in the Legislatlft would have trumped that. City Aaomey Brotzman agreed. Mayor Bums said they will be badt aext year. Ms . Habenichl said if there is anything we need to do about that, we need to be responsive . 6. She asked if Council decided about going to CML Conference . She said Ille -inlmding to go. City Manager Sears said we have not filled anything out CID tbal yet, but we have the broc:bura. •. .. • • 0 , 0 • • !! tf i} ~ !9 f 1ffli 1,~, IIIJi i!! r 1,i a 11 r Ir 11 1 .r 11,1f ·l l If ( r f If.fr If( Rfl I lta ;j ,,a 'i il1ll : •·if ,1,11 ~ q·f t J J f . ~ r r J ! f [ I Ir! r . ~! r r f I! t llit II' ,~111 1[ i ![ ,1 I lfif t_l 11i1: lir I (I .. l, I IJ'l IJ .J. Ip ' · I' i t• i f 1 d I d l • l .. , : I' : •J1 ·I : ts J l'f 11 rJr! : .•. : J :Ill : ft 1 :1 ] •: II ,J (la·J·a I s 1 •I' J =' !i' I •1 1 • ,t,• t 1 ·1!11 .. l I I ,,.1 i.l f 11 · I.. I I r,1 r 11· 111 i "1! ' !f t 1111 ~f ifltl! I , 1 1 1•11 1 ; t(J J JI .1· 11 g 1f ~1· I B· 1,,1 I f . 11 It r r 11J If J rJ i L... · ~ l . " • ~f Ji ii i1J ,r I ii r . !.I f •· = l {i I It i; tf I ~I f1 .. , I !t I t t II . rt [; I t 11 il f l • i o.B . ir • 1l qi J J : ll f i I ' tr ri t f. I I f I ~I~ I " ' I i > r I! ~ 1 s I i J I · l , I !!f .. ~l lg i r I .. • l" ... . • . \ 0 • ! ~ ~ ~ lif !11111111111' ~f i!ifli i!' ~,, i i '! f f I f I s 0 -11 I st i I ft: 11 ~;,IT . .. t ! ! n1 ~1r h. f =!1~: [ • .,1r1: 11 ! I It ,rt ft-1,11.J[ll!• I !fr!I,. 1 . i ti Jlir ~(1,!irfJ~I 'f ~ '1•1,f1f s I I !(I .. t··B:il.[1f f i 1 · ,~ii . ' & I li Ir I l t I ii u Ii i.H l ! J [ u f ~ I I 1~ I· r f ( r r Is J • 11 ! I Iii Ir~? i l . .I t 11 1 tf.J s· f irirl !.1 J~ ~ u ,f ~J ,111s·JJI t !i! 1li, . i !1' I I ( -11 I I I g O I g It I I . I ~ · ~ :11 1 ' ,~, ~ ~ ·ir .... (I f i '_I !1,1111,JfJl r !flti~a ~ . fi I r .. -III .11,1 .J. ... la.,~f 1't t s e:fltl · 5 f :I 1 if( l . U iaiUf!111 f1 [ . :" !ih Ir if'l'J! 1J;! I !U1 1 lf . I 1 !1;11 1 11 ).~iJ f '!J 1ffr if l f.l I J l J I' a· B , I I ,· . ,, I . . . , , 'll • ' , ~ . ., • -•, • • ,, - • • 0 - • • • • • Enalewood Cltv r.,..,,.,.u a ... ft .. ~ 1 ~ AGENDA FOR THE · REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MAY 17, 1999 7:30 P.M. 1. Call to order. r; :t/.o IN/ 2. Invocation. fl~ 3. Pledge of Allegiance. /buJ>h..1--- 4. Roll Call. ~ -/ { A-~JJr. q~£Tr) 5. Minutes. fffpd b-Qa. Minutes from the Regular City Council meeting of May 3, 1999.~itu-- 6. Scheduled Visitors. (Please limit your presentation to ten minutes .) 7 . 8. a . Larry Nisbet from Englewood Schools will be present to address Council regarding the school bond issue. Non-Scheduled VISjtors. (Please Jimit your presentation to five minutes.) a.. .j 4,M~~ ct.U-AIW K.li: l..()UJUtU, 0/TY ~OIJJJtlt-"& b:l«tN-41:J)T 'ft) ill Communications , Proclamations , and Appointments. A letter from Barbara Fout indicating her resignation from the Englewood Code Enforcement Advisory Board . n~ A proclamation honoring the EngJ~ High School Seniors being recognized at the Senior Awards Ceremony. ~,W- 9 . Public Hearing. (None scheduled) :&-- PINH nota: If you have• dlublllly and need auxlllary ... or wvloN, plaw nolly 11w Cly al 11 ... w...ocl (303-782-2405) at laut 41 hours In advance al when wvlcN .. IINdecl. Thank you. ' I .. .i • • 0 r ~,, I - • • ,, - • t• . • ' -Englewood City Council Agenda May 17, 1999 Page2 APP'O S-0 1/;l)tJ.J;. RUOOUJ IOa. i/ 'I-ii/ ttJJ~ tb4JS'tllv' ~A 10. Consent Agenda. a. Approval of Ordinances on First Reading. i. ii. Council Bill No. 31 • Recommendation from the Department of Safety Services to adopt a bill for an ordinance approving an Intergovernmental Agreement with Buckley Air National Guard for use of Buckley's facilities to provide accident avoidance driver training for all City employees. STAFF SOURCE: Kieth Lockwood, Fire Division Chief. ~ Council Bill No. 33 • Recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance amending TIUe 16 of the Englewood Municipal Code to include a Parks, Recreation, and Open Space Zone District and setting a public hearing for June 7, 1999 to consider public testimony OIJ.1.he propo_s~ ordinance . STAFF SOURCE: Harold Stitt, Senior Planner. /6~ WAGGONER MOVED TO AWND CU33 BY DELETING THE LAST SENTENCE IN 1 &+22 D iii. Council Bill No. 34 • Recommendation from the Department of Financial a,p.Jt,-o Services to adopt a bill for an ordinance extending the waste transfer surcharge waiver until December 31, 2001. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. ~ b. apflft-o i. roval of Ordin~~~ /()Ir,·+ ii ncil Bill No. 25, approvin6 6n extension of the Wastewater Transmission Agreement between South Arapahoe Sanitation District, Southgate Sanitation District, the Board of Arapahoe County Commissioners, the City of Englewood, and Waste Management of Colorado, Inc. /Y}J}I-JK Council Bill No. 30, granting a Permanent Easement and Temporary Construction Easement for Centennial Pump Station at Mclellan Reservoir. c. ~-and Motions. 8IJIJJS. 6~6111:0 /() tLiii ~ {J~IJS'l.l)r~, Lu1/JJ/,-O ~iii ~104 / ii A-AJIJ iv -rr ~ i. ecommendation from tliM)epartment of F~ncial Services to adopt a /) •. _ .JJ.__, / resolution approving an increase in benefits for Police Officer retirees ~~ effective January 1, 1999 for those retired asof January 1, 1998. STAFF SOURCE: Frank Gryglewlcz, Dlractor of Financial Ser.icee. ii. Recommendation from the Department of Financial Services to approve by motion, an Office Supply Contract for 199912000. Staff recommends awarding the contract to Corporate Express, the lowest bidder on the City's most frequenUy ordered items. STAFF SOURCE: Frank Gryglewtcz, Director of Flnanclal 8et'vlcN. iii. Recommendation from the Department of Parks and Recreation to approve, by motion, a contract for the construction of Clayton Athletic Fields. Staff recommends awarding the contract to the low bidder, AMT Sports Turf Contractors, in the amount of $71,250. STAFF SOURCE: Jerrell Black, Director of J~. ~ Recl"Nllon and Gary Hultberg. Recl'Nllon Manager.~ PINN nal9: I ,au haw. dlNbllly and need auxlllary ... or .. tlDH, ....... nallfy .. Cir of ......... (303-712-MOI) al laaal 41 howa In adwanoa of when NrvloN .. ...._._ 1'IWllc ,au. •• ' .. •· • 0 , 2 I - • • 0 , . • Englewood City Council Agenda ffay 17, 1999 Page3 iv . Recommendation from the Department of Financial Services to approve, by motion , the removal of Hanns Knuppertz from the Englewood Urban Renewal Authority. STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. 11 . Regular Agenda . a . b . C. Appro~Ordinances on First Reading. Approval of Ordinances on Second Reading . % Resolutions and Motions . Recommendation from the Human Resources Department to approve , by motion, the appointment of a hearing officer. STAFF SOURCE: Sue Eaton, Director of Human Resources and Jackie Meadows, Human Resources Administrator. ~ 12 . General Discussion . a . Mayor's Choice. b. Council Members' Choice . 13 . City Manager's Report. a . CityCenter Englewood Update. 14 . City Attorney's Report . Ad~:t'f&~ The following minutes were transmitted to City Council between 4/30/99 • 5/13/99 : • Englewood Housing Authority meeting of February 24 , 1999 • Englewood Liquor Licensing Authority meeting of April 7, 1999 • Englewood Cultural Arts Commission meeting of April 7, 1999 • Englewood Parks and Recreation Commission meeting of April 8 , 1999 • Englewood Clean , Green and Proud Commission meeting of April 13, 1999 • Englewood Public Library Board meeting of April 13, 1999 • Englewood Board of Adjustment and Appeals meeting of April 14, 1999 • Englewood Planning and Zoning Commission meeting of April 20, 1999 , ..... nota: If you have • dlublllty and nNd auxlllary aids or wvtcN, pleaN nollfy the City of Englewood (303-712-2405) •• leut .q hours In advance of when NrvlcN .. naadad. Thank you. • ..... ., •· • 0 ' -• • t~ • '· PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-8CHEDIA.l!D Vl9IINll'lff1N"'ORS-- DATE: MAY 17, 1191 NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FNE MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME ADDRESS TOPIC ~o...:::..:..:""..!.::e.'""'--~~.16<:0.-____:_..:......,...::___;_;;_~~~£LJ..£1.....LI..-.~ ~Ot94 (a _______ --L!.,l.f..l,L:da.u:D!JJ{.d,...J_-----+,.!~'-l,,.J...i'---J!::l~I la f- -~--_,..-' .. '. . 0 l • • • 0 0 ., - PROCLAMAT ION \V I I ER EAS , Englewood Hi gh Sc hool i~ h o lding its a nnua l Se ni o r Awards Ceremon~· on May I 7, 1999 a nd h as invited members of the En lew ood C ity Coun c il to attend : and 'vVHE REA S , we were h o n o red to h ave receiYed a n in v itati o n to this spec ia l recognition , a nd regret that w e a re unabl e to att e nd because the awa rd s ce lebra tion co in ci d e, with a ~ity Coun c il m ee tin g; a nd VVHEREAS , th e yo ung peo pl e a re t h e future o f o ur communi ty and we wi s h to recogniLe yo ur hard work. vour determination. and vo ur accompli s hm e nt,; a nd \,\'l l E R EAS . w e w ou lJ like to congra t ulate eve ry stud ent being honored at t hi s '>pecial event for 1 h e ,u cce~~e, you h ave ac hi eved: NO \\'. T l IEREFORE , \1 ·e . the itv Coun c il of the Citv of Englewood . Colorado , hereb~· proclaim : We a re proud of your many accompli s hm e nts: we are d e li ghte d to have you as part of our community; and we wish you the very bes t th e future has to offer. &;zl""'' Alc,;111Jra I Ltl1e111cht. ;\ 1.1vor Pro Tem lul i~L~Member Pr,r.:f'~ .:n Recyc led Paper ,~!·. • I 0 ' • • • 0 - PROC LAi\lATI01 WHE REA . Englewood Hi g h Sc hoo l i~ h o ld ing it \ a nnual Se ni o r Aw a rd s Cere mony o n l\lay I 7 , 1999 a nd has invited m e mber~ or th e Englewood 'it y Co un c il to attend : a nd \VH EREAS , w e we re hon ored to ha ve re ce ived an invitation t o thi s s p ec ial recognition , a nd regret that we a re unabl e t o a ttend be ca u se the award s ce lebrati o n co in c id es with a C it y Co un c il m eeti ng ; a nd \·VHEREAS . the voung people are the future of o ur comm unity and we wi s h to recog ni ze your hard work . your determination , and vour acc o mpli ~hments ; and vVl l EREAS. we wou ld li ke t.o co ngratulate every s tud e nt being h o n o red at thi ~ s p ec ial event for th e s u cc e~se s vou ha,·e achieved ; NOW . THEREFORE , we , th e C it ,· Co un ci l or th e Cit,· o!' En g lewood . Co lo rado . h e reb y proclaim : We are proud of your many accomplishments ; we are delighted to have you as part of our community; and we wish you the very best the future has to offer. Alexandra I l:tlwnid1t , i\b,·or Pro Tem Juli~u~ i\le1nbe r • ,. I 0 ' -• • •, • ... ENGLEWOOD CITY COUNCll. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Mayl, 1999 1. Call to Onler The regular meeting of the Englewood City Council wu called 10 order by Mayor Bums at 7 :38 p.m. ••••• Mayor Bums asked lhal Ibey observe a moment of silence for the studclllS at Columbine High School . 2. lavocatioll The invocation wu given by Council Member Nabholz. J . Pled&e or Allqiuce The Plcdgc of AllegiaDcc wu led by Mayor Bums. 4. Rell Call Present: Council Members Nabholz, Gnlzulis, Garrett, Bradshaw, Habenicht, Waggoner, Bums Absent : None A quorum wu present Also present : Aeling City Manager Black City Anomey BnJIZlllall City Clerk Ellis DiftlCfor Simpmn, Ncipborbood and 8usiDcss Dc\'ClopmeDt ••••• Mayor Bums advised that Jerrell Black, our Director rl Parts and Recrcatioa, is leMII& as Aeling City Manager tonight, u City Manager Gary Scan is on vaca&ion. He wdcomed Mr. Black. S. Mia.ta (a) COUNCll. MEMBER NABBOLZ MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES 01' THE REGULAR MEETING 01' APRll. 19, 1999. Motion carried. Ayes : Council Members Nabholz, Garrett, Bradshaw, Habenicht, Waggoner, Gnzulis, Bums Nays : None 6 . Sclilecllded Vilkon (a) Mayor Bums ltllcd tlllll Denver Regional Council of'Govcmmenls (DRCOG) Vice Ol8ir Jan Schenck, Mayor or Golden, wu going to present a Local Government Innovations Award 10 the City or ,- • . ... ... •· • 0 - / • Englewood City Council MayJ, 1999 Pagel • 0 I • • Englewood for its involvement in Golf 4Fun. Mayor Bums noted that the City was also recognized for this at the DRCOG Annual Banquet Mr. Schenck stated it was his pleasure to present this award and offered his congratulations to the City of Englewood. He explained that with the Innovations Award, the Regional Council honors local governments and their employees. There is a lot of creativity and productivity going on in local government to serve the citizens, he said. and they arc proud to rccogniz.e it. This year the Council of Governments is joined by B P Amoco, George K. Baum and Company, the Colorado Asphalt Pavement Association. the Coors Brewing Company, Kaufman and Broad of Colorado, Koelbel and Company, MK Centennial Engineering, Public Scrvic:c Company of Colorado, Ulttamar Diamond Shamrock and United Power Inc., in presenting the Innovations Awards. Mr. Schenck advised that Englewood took third place in the cooperative service delivery category for its involvement in the Golf 4Fwi Project. which provides golf practice, instruction and tournament play for disabled individuals. The City, along \\ith Aurora, Thornton and the Foothills Parks and Recreation District, has provided facilities suppon for the Golf 4Fwi activities. At the Council of Governments Annual Awards Dinner in March, Director of Parks and Rccrcation Jerrell Black was recognized for his effons with the project. Tonight, he said, he was pleased to present a plaque to City of Englewood for this great project and again he offered his congratulations. He also congratulated Englewood's citizens for allowing the City to afford the luxury of doing this. Mayor Burns and Acting City Manager Black acccpled the plaque. Mayor Bums commented that this is a wonderful program. He stated there arc some quite severely handicapped people who participate in this and we have an amazing adaptation program so they can play and practice golf. It is really quite an achievement, he said, and we arc very proud of iL Mayor Burns thanked Jan Schcock for coming down from Golden to present this award. Acting City Manager Black introduced our Golf Manager Bob Spada. He stated that Mr. Spada is in charge of the program and really docs a great job. (b) Mayor Burns noted we have had a program with civic information and insuuction with our middle school SIUdcnts. Recently some of the middle school students participated in a Mock Council Meeting. Several Council members were present tbal evening, he said, and they enjoyed it very much. One of the things they talked about that night was the g,affiti ordinance and they said they would be back sometime to give their thoughts on this subject. Ashley Young, 62 East Bates Strec1, said she was from Flood Middle School. Amanda Malcdon. 30SO South Lipan Street, stated she was also from Flood Middle School. She advised this was a follow-up on the g,affiti ordinance. Ms. Malcdon advised that they proposed. to tight graffiti, that the City should put up a graffiti wall for kids to just put stuff on. If you graffiti where you arc not supposed to, you should have to do an extra 24 hours of community service on top of your tine and your required community service. She commented that most people think all kids arc destructive and will ruin e\'erything, but she docs not think that is right. They ask why should their parents ha\'e to pay for what they dido~ do? So, she said, they think that the person that did the g,affiti should pay for what they did. Ms. Malcdon slalcd they also think thal you should be at least sixteen years of age to possess any type of graffiti material. They feel tbal most of the Flood Middle School Sludcnts have enough responsibility after the age of 13 that they can take care of themselves, and so they propose that children over the age of 13 who graffiti should have to take the responsibility on themselves and not their parents. Mayor Burns asked if they had these suggestions written down. Ms. Malcdon ad\iscd they did and she presented the liS1 to Council. • ' . . ' [frit ., I· • 0 - • • Enckwood City Council Mayl, 1999 Pacel ·, • • • • Mayor Bums noted they had a sign also and asked that they talk to Council about the sign. Ms. Malcdon explained that the sign is kind of like an awareness poster for their school, telling the students not to graffiti , that ii is bad and they should not do il Mayor Bums thanked them Council Member Habenicht asked how they would suggest the poster be utilized. The students were not sure how it might be used. Mayor Bums asked if they post them around the school . Ms. Malcdon said they do post it around the school . Mayor Bums asked if they would suggest thal other schools in the community might use the sign, too. The students said yes . Mayor Bums thanked them for coming and sharing their tboughcs . He stated they did a good job. Council Member Waggoner commented that some of their suggestions could be given to the City Attorney to prcpirc: something that could be incorporated into our ordinance to follow-up on. Mayor Bums noted that the night they were here they bad some of the same suggestions during the discussion and he thought they were worth considering. Council Member Nabbolz noted there were members of the Code Enforcement Advisory Committee in the audience and they arc on the graffiti subcommittee and they have worked with Dan Brotzman. She felt Council Member Waggoner's suggestion was excellent Council Member Waggoner said maybe they should pass it through that committee. Mayor Bums tbougtit that, initially, they should pass it through the Code Enfora:mcnt Advisory Committcc. He noted the Committee and City Auomcy Bromnan will be good sources . Council Member Biadshaw explained to Ms. Young and Ms. Malcdon, that Council will fonnrd their suggestions to • citizens group called the Code Enforccmcnl Advisory Committee and then they will recommend things to the Cily Aaomcy. Ms. Bradshaw aid one of the things she wanted to commend both of the students on. is their willingncsl to lake responsibility . She noted thal was so rd'rcsbing to bear tonight. thal studcnts do want to take responsibility and she tbankcd them for their efforts. Mayor Bums thanked them for coming . There were no non-scheduled visitors. 8. Co••••katioll1, Procluladou ud Appointaelltl (a) A proclamation honoring Dori Nuarmus • Englewood's Citizen of the Year for 1999 was considered. Mayor Bums noted that our celebration for Citizen of the Y car is• week from today, on May 10•. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING DORI NAZARENUS AS ENGLEWOOD'S CITIZEN OF THE YEAR FOR 1999. • ..... •. .. ,,: •· • 0 , - • Englewood City Council Mayl, 1999 Page4 • 0 t• • Ayes : Council Member.; Nabholz, Gam:tt, Bradshaw, Habenicht, Waggoner, Grazulis. Bums Nays : None Motion carried. Mayor Bums advised that this proclamation will be read in its entirety at the celebration next week. 9. Public Bearia1 No public hearing was scheduled before Council . 10 . C__.A&ada COUNCil.. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i) ud (ii) ON FIRST READING, 10 (II) (I), (ii) ud (iii) ON SECOND READING AND 10 (c:) (i), (ii), (iii) and (iv). (a) Approval of Ordinances on First Reading (i) COUNCU.. BILL NO . 30, INI"RODUCED BY COUNCU.. MEMBER WAGGONER A BU..L FOR AN ORDINANCE AU11i0RIZING A GRANT OF A PERMANENT EASEMENT AND lcMPORARY CONSTRUCTION EASEMENT BETWEEN 11fE CITY OF ENGLEWOOD, COLORADO AND CENTENNIAL WATER AND SANITATION DISTRICT. FOR 11fE PURPOSE OF CONSTRUCTION, MAINTENANCE AND OPERA 110N OF A PUMP STATION . (ii) COUNCU.. BILL NO. 25. INI"RODUCED BY COUNCU.. MEMBER WAGGONER A BILL FOR AN ORDINANCE AIJllfORIZING AN INI'ERGOVERNMENT AL AGREEMENT BETWEEN 11fE OTY OF ENGLEWOOD W AS'JEWA TER EmERPIUSE. SOlTllf ARAPAHOE SANIT A 110N DISTRICT. ARAPAHOE COUNTY BOARD OF COU!ffY COMMISSIONERS. SOU11iGA1E SANITATION DISTRICT, AND WAS'JE MANAGEMENT OF COLORADO. INC . APPROVING 11fE EXTENSION OF W AS'JEWATER TRANSMISSION AGREEMENT. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 25 , SERIES OF 1999 (COUNCU.. BU..L NO. 27. INTRODUCED BY COUNCU.. MEMBER BRADSHAW) AN ORDINANCE AU11iORIZING A GRANT OF TWO ELECilUCAL LINE EASEMENTS BETWEEN 11fE CITY OF ENGLEWOOD , COLORADO AND PUBLIC SERVICE COMPANY OF COLORADO, LOCA'JED IN ROMANS PARK . (ii) ORDINANCE NO. 26, SERIES OF 1999 (COUNCU.. BILL NO . 28, INTRODUCED BY COUNCU.. MEMBER BRADSHAW) AN ORDINANCE AMENDING TITLE 4, CHAP'JER 3, BY 11fE ADDmON OF A NEW SECTION 13 , ENTmED "HOUSING REHABU..ITATION FUND ." (iii) ORDINANCE NO. 27, SERIES OF 1999 (COUNCU.. BILL NO . 29, INI"RODUCED BY COUNCU.. MEMBER BRADSHAW) ·• ...... - ,,. - • . I· • 0 , - • Eactewood City c-il May 3, 1999 Paces •, • • • AN ORDINANCE APPROVING SUPPLEMENT NO . 143 TO 1HE SOlITHGA 'Jc: SANITATION DISTIUCT CONNECTOR'S AGREEMENT FOR 1HE INCLUSION OF LAND wrrnIN 1HE DISTIUCT BOUNDARIES . (c) Resolutions and Motions (i) RESOLUTION NO. 52. SERIES OF 1999 A RESOLUTION APPROVING AN INCREASE IN BENEFITS FOR 1HE RETIRED FIREFIGHTERS . (ii) RESOLUTION NO. 53, SERIES OF 1999 A RESOLUTION FOR A SUPPLEMENT AL APPROPRIATION FROM 1HE 1999 BUDGET FOR 1HE PURCHASE OF 1HE SKERRITT PROPERTY . (iii) APPROVAL OF A SEWER TAP AGREEMENT wrm DRURY INNS , INC . (iv) CONTRACT WI1H MOUNTAIN ST ATES PIPE FOR WATER METERS IN 1HE AMOUNT OF S 18,532 .24 AND A CONTRACT WI1H DANA KEPNER FOR YOKES IN 1HE AMOUNT OF S7,696 .00. Vaee..-111: Ayes : Council Members Nabbolz, Gama, Bradshaw, Habenicht, Waggoner, Grazulis. Burns Nays : None Motion carried. 11 . lleplar Apa (a) Approval m Ordinances on Finl Reading There were DO additional items submilted for approval oa lira iading. (See Agenda Item 10 -Comenr Agenda.) (b) Approval « Onlimnces oa Second RadiDg There were DO additional items submilted for approval OIi second reading. (See Agenda ban 10 • Comenl Agenda.) (c) Resolutions ud Motions There were DO additional resol~ or motions IUbmiaed for approval . (See Agenda Item 10 -c-t Agenda.) 12 . c--al 0...... (a) Mayor's Cboic:e (i) Mayor Bums said they k-. die Eqlcwood SM1 Temi -out at Columbine High Scbool and it bas been reported in die paper die activities they coaducled out tbcR. l1ley 11111 medical pcl'IOlllld willl diem, u well u law enforcement. One m die tlliap Ibey did. 11111 Mayor Burm lllid. be dilCUIICd this with diem, is tbll they bad to go into die buildilll afterwanl IO lee wbo Ibey c:oald ftad alive ..... I· • 0 , • Englewood City Council May 3, 1999 Page6 • 0 • "' - I• and that was tough. As he undc:rslands it. they were the only Swat team that had medical pcrsoMCI with them thal were trained to do thal. They came in laler and did ccnain duties as requested by the Jefferson County Sheriff's department. So he thought they did some yeoman's service. Mayor Bums Staled he asked thal they have a proclamation tonight to honor the students and to recognize this tragedy at Columbine High School. Mayor Bums felt it was approprialc to have the City Clcrt read the proclamation. The City Clerk read the proclamalion in its Cdircty. MAYOR BURNS MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION OFFERING THE CITY OF ENGLEWOOD'S HEARTFELT CONDOLENCES TO THE FAMILIES OF THE VICTIMS OF THE COLUMBINE HIGH SCHOOL TRAGEDY AND SENDING OUR BEST WISHES FOR HEALING, SUPPORT, AND ROPE FOR A F1J11JRE FREE FROM VIOLENCE AND BA TL Ayes: Council Members Nabholz, Garrell. Bradshaw, Habenicht. Waggoner, Grazulis, Burns Nays: None Motion carried. Mayor Bums commented that he was sure everyone was aware thal Rachel Scott, step-daughter of I.any Nimmo, a City of Englewood Public Worts employee, was one of the victims. He advised there is a special fund set up for the donations in the Englewood Municipal Fcdcral Credit Union for thal family . Mayor Bums said we arc already hearing of very large medical bills for people who were injured as well. He knows they have to coordinate this. but he cenainly encouraged people to make donations lhrough the credit union for that family . Mayor Bums said, in that regard, some may be aware and the paper rcponcd, thal the Metro Mayor's Caucus lltcll1plCd to have a public forum on Saturday on this matter. CNN -willing to broadcast it nationwid,e and this got moving a lialc bit faster thin some of the mayor's were aware, frankly. On Wednesday. he advised, the Jefferson Counly Commissioner's asked thal they pol1pODC this. because they were too much into the grieving period they felt and it -a little too soon. They reaUy did agn:e with that. The Mdro Mayors feel as though they would like to do this, maybe sometime in the next three or fours weeks. He DOied there will be a SICeriDg aJIIIIDit1ee meeting Wednesday morning to discuss this funher and there is a caucus meeting in the next couple of weeks. Mayor Bums said they would like to do this and they feel that the Metro Mayors. as a group, in a community-wide effon, can bring people together to discuss this further. He opined there have been a lot of very good discussions on television about this, but he wu telling Jerrell Black that he hasn't seen anyone yet talk about the participation of the municipalities. The Parks and Recreation Department's Before and After School Programs, and these types of things. thal municipalities have become involved in in the last ten to fifteen years to assist kids who arc latchkey kids and parents with two jobs and that son of thing. Mayor Bums opined that it would be helpful to bring the municipal community into this discussion. because he hasn~ seen this so far. He commented thal everybody is llying to do something to Uy to help the healing process and Uy to do something tha1 can be carried on. The whole objective of the meeting is to not just have one meeting or one forum, but to carry on with funher discussions to Uy to come up with some recommendations that the Metro Mayors might do. He offered his apologies to Tom Munds of the Englewood Herald. because he knew he wanted to get this in the .. per last week and then they changed "horses" on him and canceUcd the meeting on Saturday. Mayor Burns said that was why it happened. that they wanted to be sensitive to the needs and desires of the people who are reaUy on the frondinc. in Jefferson Counay, on this maaer. So tbal is why it was postponed. -• .... •· • '32xl - • • • Eackwood City Couacil Mayl, 1999 Pa,:e7 • • I• • Mayor Bums advised that Rick Castildo, in Swedish Hospital , is a gnidiac of Sl. Louis school. He bas been featured on the news , is one of the most severely injured kids and is partially paralyud. Mayor Burns said these arc just really tragic stories. Mayor Bums swed he appreciMes Council's panicipalion in the proclamalion and noced that it has been a tough couple of weeks. (b) Council Member's Oioice (i) Council Member Nabholz : I . She said that her prayers go to the viaim's families. tbe Sllldcats, the Slaff, our officers and everyone who has been involved in Ibis tragedy . Ms. Nabbolz llalCld it bas impaclCd C\ayone and it is time thal we all pulled together. 2. She thanked I.any Medina for bis quick response to -aJCle enfon:cment issues. 3. She thanked Division CbiefMoorc for his follow-up on employee manuals. 4. She said to clarify. in our group home list, thal 400 West Comdl is liSlcd as a group home and that bas noc been a group home for approximately four years. II is owned by a couple who arc very cautious landlords and do background checks and everything on their tenants. S. She advised that she is turning in her National League of Cities report. She said she was sorry it took her awhile. Council Member Nabholz thanked Council and the citizens of Englewood for allowing her to go and noted it was a very productive and fruitful conference. (ii) Council Member Garrett: I. He commented, regarding the improvements on Broadway. that as things start going up it is quite exciting to see . 2. He said he bas a procedunl issue rqarding Council's study sessions. He said he is concerned because they have their study sessions sitting at the table and be does noc lhink people know it is an open session . They see the door open and MXDCbody nm OUl because they think they are intenupting something. Mr. Gam:tt thouglll it would be approprialc to ~ -kiad cl sip OUl froot saying City Council Study Session. open to the public, so then they know they can walk in and liSlcn. Mayor Burns said that is a good idea. (iii) Council Member Bradshaw: I. She thanked Neighborhood and Business Development for tbeir rq,on on the group homes. She said she really appreciMes that information. 2. She noccd she worts • Arapahoe Community Coltece and SMnl cl tbeir lllldcnls were affec:ted by the Columbine tragedy . Her coacem. Ms. Bradshaw said, as a IDClllal bealdi tbcnpisl and a citizen cl this community. is that we don't just address the symptoms. thal we look cleepo aad address tbe prublems. Because putting a bandaid on it is just noc going to work anymon:. 3. She said the Olher things she would like to bring up to Council for their COlllidcmion, is that when the Arapahoe Acres group was here Council did noc do anything about ay cl thal lllllil Council Members' Choice . She said she would like Council to Clllenain the idea thal they could clmlp the procedure and if .... ,. - • . .. I· • 0 '32 x l - • Englewood City Council Mayl, 1999 Page8 • 0 , . • there are groups here when they have different legislation that applies directly 10 them. that they go ahead and move it forward and vote at that time. If that would be okay. Mayor Bums thought Council was free to do that anytime they want 10 . Council Member Bradshaw said she did not know and though( it would be a really good idea. Council Member Nabholz agreed. (iv) Council Member Gruulis advised that last week she attended a five day environmental camp with forty-one Sinclair SIUdmts between the ages of twelve and founcen and this was just coming off of the Columbine tragedy . She said shc loves to do things ";th youth and it was just another eye opener. When she was there she was die only pan:nt in this group and there were two teachers, so she was the designated mother. They had bypotbermia and alt.itude sickness. they had it all . Some of the children told her some stories of their home life and -jusl need to put our wings out to every child out there and try to draw them in and show them -care, even though ~· may not ba,·e the best home environment Ms. Grazulis DOied she docs not know what to do to help. but just to be aware of it. She said she was just a sponge to listen a lot of the time and they just thought she was wonderful for doing that and that was all she did. She asked, if you know of any children tllal look like they are troubled, that you not judge them by the way they look. just put your wing out a little further and bring them in, because all they need is a hug and some understanding. (v) Council Member Habenicht : I . She said she also wanted to share her condolences and her deep feelings of pain and sorrow. She noted she has a grand nephew who graduated from Columbine High School and a grand niece who attends Ken Caryl Middle School. so they were all very closely surrounded by this ";thin their own family. Ms. Habenicht commented that she is pleased that our community is both large enough and small enough to attend to a lot of these cono:rns. She said she knows thal there is a safety committee where representatives from our City and our schools, both public and parochial schools, within our City. meet regularly to address issues. When she first heard about this incident she recalled seeing in their packet a letter they bad received, which was forwarded from Roscoe Davidson. who is the superintendent of Englewood schools. It was copied to all of Council and in ii he talked about bow much he apprccialed the City and schools working together on safety issues. This memo came in Marcil and ii brought \\ith ii a number of articles that bad been nationally published in terms of youth violence. violence in schools. Council Member Habenicht acknowledged that at the time she just thouglll ii was nice. but she \\-CDI back after this incident and dug it out and read those articles. She thought they addrased a lot of the things Council Member Bradshaw was referring to. not dealing syrnpcomatically, bul dealing ";th the bean of the issues. She said she would commend those articles to all of us. Ms . Habenicht said that she appreciates the fact that our City and schools have been making this a concern all along. ***** Mayor Bums said he wanted 10 mention that he and Council Members Bradshaw and Habenicht were al the dinner for the Metropolitan Mayors and Commissioners Youth Awards. He stated they really should talk about that, because that was after this incident. He said you talk about some kids with some tough backgrounds that have made remarkable achievements. They were just amazed. he said, at how they were able lo recover from the family situations and abuse and so forth and become leaders in their classes academically. Some were handicapped. one bad had brain surgery for cancer and it just went on and on. They were just an amanng group of kids. he said . Mayor Bums offered special thanks 10 Council Member Bradshaw as she was on the select.ion comminee. But. he commented, it shows you how kids can perse,,cre under really difficult circumstances. pull themselves up by their bootstraps and really achieve something. It was really inspirational 10 see. 2 . Council Member Habenicht said she thought they were going to c:iscuss maybe changing the values of the colors on our own logo. She noted they did not discuss it and so she wondered if they just ,,. - 0 ., I· • C • • Englewood City Council Mayl, 1999 Page9 • 0 • received the color system chart for information or if they were actually going to address these colors at some point But, Council Member Bradshaw noccd.. they do not have the colors of what to change it to. Dim:tor Simpson advised that he can address that with Teny Bambart and when he comes back for our final color sclcction on that logo we can also discuss if that is where the group wanlS to go. Council Member Habenicht said she was jusl curious because she was cxpcc:ting to discuss this . Director SilllplOII advised tbal he did not pas tbal dwt out. Acting City Manager Black explained the dwt was more informational. that Sue Bradshaw pulled the informalion togahcr to show a linle biSlOly of what is out tbcrc, what is in place now . Council Member Bradshaw noted tbal the difference between the green of the benches and chairs and the green in the quilt is a value shift ... something on that order . ••••• Mayor Bums commented that it is a little different subject, but we have pins and when they go to conferences and exchange pins, we don't have a pin with City of Englewood on it like all of the other cities. Every pin you get has the cities name on it. Mayor Bums wondered if they might sometime design a pin with the City's name on it, that they could give away to people where they would remember where it came from . Council Member Bradshaw noted they used to give them away with • card that had the nwk and then Englewood on it. ••••• Council Member Gr.lzulis said she wanted to mention that the senior awards ceremony at Englewood High School conflic:ts with their Council meeting. She felt --should be tbcrc to rcprcscnt us for our outstanding seniors and show them tbal WC really apprccialc the positive things they do. In response to Council Member Habenicht, Ms. Grazulis advised that the ceremony will be bcld May 17, 1999. Ms. Habenicht asked if they had time to have • resolution or proclamal.ions prepared that can be sent from City Council indicating that we arc llllllblc to aaend because of our meeting. Mayor Bums, Council Member Bradshaw and Council Member Grazulis agreed that would be a nice way to handle it . Mayor Bums noted he was disappointed too. be was hoping they could somehow go. but tbcrc is just no way . Acting City Manager Black stated they can certainly have staff represented tbcrc and if tbcrc is a proclamation they can read the proclamation II that time. 3 . Ms . Habenicht said she wamed to make IUfC it was not lost, coming up with some SOit of program. which Council Member Nabbolz brought up, about ICllding youth dclcplcs to the Nalional League of Cities. She staled they needed to 11811 working on lhal . She suggested tbat maybe Ms. Nabholz would be willing to spearhead tbat or a couple of the Council members could wort IOgClbcr. Council Member Bradshaw Slated that she and Council Member Grazulis will do it. Council Member Nabbolz said that would be wonderful . - "' - •· • 0 '32 x l - • Englewood City Council Mayl, 1999 Pace 10 ' , . • • , . • ... Council Member Bradshaw said the thing is that we have an opportunity to help children with a Washington experience that is more oa their level and it is called Clole-Up. She amunented that she would hope this 'Mlllld not be a duplicalion of eft'ons . Mayor Bums llid be did not think so and Council Member Habenicht said DO, not at all. Council Member Habenicbt pointed out thll Ibey have been very IUppOl1ive of Close-Up and she f'dt Ibey would want IO CXllllinue IO do IO . ••••• Mayor Bwm advised that we alao bad two racue units, a fire lnlCk and our bib plln>l at the memorial IJCrvice in fronl or the Mann T'bellen for the llUdaU at Columbine. So, be noted, Englewood -very active . 13 . City M .... r', Report Acting City Manager Black did not have any llllllCrS to bring before Council. 14 . City Attoney'I Report (a) City Attorney Broczman advised that the ..,_._u for Wal-Mart and the first ameodment to the Miller-Weinpnen agreement have been signed and negotiations are going very well with Forest City and we should be bringing Council sometbiag on that as well . (b) City Attomey Brotzman advised that Couacil bas a memo in their packet regarding the Recreation Center gym Doors. He requested a motion IO punue filing a complaint apinst the contractor and bonding company for the 1)'111 loon. COUNCU. Ml:MalR allADSIIAW MOVED, AND IT WAS SECONDED, TO PUIISUJ: nLING A COMPLAINT AGAINST TIO CONTRACTOR AND IIONDING COMPANY JOR TIO RECREATION CENn:R GYM rLOORS. Ayes : Council Members Nabllalz. Gama, Bladaliaw. Habenic11t. Wqaoner, Orazulis, Buns Nays: None Motion carried. IS . AdjNnmmt URNS MOVED TO ADJOURN . The mcetiDg lllljoumed at I : 10 p.m. ·J.~· ,,,_ . , .. •· I - • • • • I• • (. Englewood Schools ASl&pAh QQd 1999 Bond Program -SOALS AND OBJECTIVES "Building for excellence" is the mission d the Opelations Maintenance Transportatio11 (OMT) !Nm d Englewood Schools (the District). To accomplish the mission and to make our schools safer, better places to learn, OMT is initiating a large construction program . Ttw community aulhorized the program in November 1998, when votara approved $22 million for conllr\lction and $5 million for tecmology. The program consists d additions, l9t'IOV8tions, upgrades and/or improvements to all District buildings. An addition to a school helps meet the educational program requirements . Renovations and/or remodeling help either to meet the educational progrwn requiraments, or .. necessary for compliance with health, safety and accessibility regulations and urgent d8ferr8d maintenance items, such as roofs, electrical ayatema, etc. The 1999 bond program is connedl9d to a recent facilities asseumart report. Facilities AINHIIIMt In 1997, the Board d Education coubacted the Rural Education Assiatalce Program d Colorado Sta University (CSU) ID provide facility aaaeaamenla. Owing March 1998, CSU interviewed Oiatrict .,... .... lo deamil. edllClltional program needs and conducted visual inapecliona lo detlrmine the physical COlldilion d al facilities . Many needs from ttw Capital Reaen,e Plan were included in CSU's ,-port, "Facility and Educational Auessrnent Progl am". For each builclng, ttw ed11c111ional and phyaic:al daficie11ciea were ideulil'ied and ~ .. fflllde reganilig corrections and/or improvements. Each scope d wor1t included a conceplual coat eatimllte that would achieve an acmptatite mainl8rwlc:e level. T., Six Socals Englaood Schools On 31 March and 1 April 1999, Sverdrup CRSS, the District's program manager, fac:ilitllled an Interactive Planning Session. Participants identified the top six goals for the program as follows: a Quality over quantity, when possible a Construction will be what we told the public a Produce coat effective operations a Minimize disruptions ID educlllion program a Provide safe and code compliant environments for lludenta and atal'f a Effective coordinlllion and c:ommuniclllions Page I •• ' . ' •, •· • 0 '32xl • • • • ,, - 0 • Priorities The District determined a reasonable and defensible prioritization methodology for the scope of work approved in the bond program . Participants in the Interactive Planning Session ranked their top eight categories from highest to lowest priority (1 = highest) as follows : Categories 1 . Fire and life safety andlor code compliance Work items addressing building safety needs such as emergency lighting, building exiting, smoke/fire detection systems, and fire extinguishing systems that may or may not be mandated, and/or municipal building code compliance, historic preservation and other needs mandatad by fadenll, state and /or local regulatory agencies. 2 . Education programs Improvements that directly benefit or enhance the delivery of current educational programs in a building. 3 . Deferred maintenance Major repair and/or replacement of building and site equipment and/or components which need corrective maintenance or require attention due to evident deterioration . 4 . Systems improvements New or expansion of existing systems within a building such as master clock, bell, sea.irity, lighting, air conditioning, eledrical and energy management. 5 . Environmental safety Correction of indoor air quality issues and/or abatement of hazardous materials associatad with the building that pose no immediate concern but will be addressed at the appropriate time. 6. Improved space functions Increase the flexibility , versatility and capacity of spaces within a building . 7 . ADA improvements Improvements that comply with the Americans with Disabilities Act to ensure access to education programs within a building . 8 . Other UHS Items accommodating other uses such as extracurricular activities and/or community use. Critical need priorities In addition to categorical rankings, common industry standards identified below also will be used to rank work items in relation to critical need. The District will address differences between district-wide and facility priorities on a case-by-case basis. Priority 1 Currently crtttcal (immediate) Projects in this category require immediate action to retum a facility to normal operation, stop accelerated deterioration, or correct a cited safety hazard . Priority 2 Potentially critical (within year 1) Projects in this category, if not corrected expeditiously, will become critical within a year. Situations in this category include intermittent interruptions, rapid deterioration or potential safety hazards . Priority 3 Neceuary, not yet critical (years 2-5) Projects in this category include conditions requiring appropriate attention to preclude predictable deterioration or potential downtime and the associated damage or higher costs if defened further. Priority 4 Recommended (years 6-10) Projects in this category include items that represent a sensible improvement to existing conditions. These items are not required for the most basic function of a facility, however, Priority 4 projects will either benefit overall usability, improve life- cycle costs and/or reduce long term maintenance . Englewood Schools Page2 ' •• I· • C f - - • . .. • PAGE 81 --------- Mayw Tom Burm City Of'Eaalewooct l<tOO S. Elati St. &elewood, co . 80110 May4, 1999 O..Tom TIii ,-poae aflllil ...... ii ID ...ay 19--• ay R ·a -•&..die Code EabW.WAdviaylolrd. l1M_,. ... ..........,two ...... 11Dia wrffllll lO Gary, 11111 -a copy ID Aaa will, ii w of our 1pp a.,... --=ii ID die CW!mi•liaa. I .-IO Ala abcllll dlit a ... ...__ w111 I• ary ..... llllt .._ tome c:onfilNII ...... dli& Dll9 ID-, odllr a,a•m mt1 ma lack af quality-., I CW101 c:caiaaae aviltt on this board. It it with r..-. dlac 1 raip t.. ay co "lliDll llC. • I llcl flnllllly tt.r it IMa Ill of UI to ab a dift'cNnce ill EaaJewoocl_ ..... ICClpl my tMQka to all die c:ouncil memben wbom lift IO IIIIICb of J011r bla ad cftbrta, liDWlnla dlit COllllllinee . I Siaca'ely hope )'OIi will a.I he to contact me at ay poi• llbauld 1 be Ible to be of service in any way . s~ J L0o.J,,a.u,., cv-~ BmlllraFout C/CGlrySan IAY O 81999 -. . . ~. '---. -- I a . ' • • • 0 ,. . - - • • • • '· • b• PROCLAMATION ~~ ~~ WHEREAS, Englewood High School is holding its annual Senior Awards Ceremony on May l 7, 1999 and has invited members of the Englewood City Council to attend; and WHEREAS, we were honored to have received an invitation to this special recognition, and regret that we are unable to attend because the awards celebration coincides with a City Council meeting; and WHEREAS, the young people are the future of our community and we wish to recognize your hard work, your determination, and your accomplishments; and WHEREAS, we would like to congratulate every student being honored at this special event for the successes you have achieved; NOW, THEREFORE, we, the City Council of the City of Englewood, Colorado, hereby proclaim: We are proud of your many accomplishments; we are delighted to have you as part of our community; and we wish you the very best the future has to offer. ADOPTED AND APPROVED this 17th day of May, 1999. Thomas J. Bums, Mayor lkverly J. Bradshaw, Council Member Alexandra Habenicht, Mayor Pro Tern Douglas Garrett, Council Member Julie A Grazulis , Council Member Ann Nabholz, Council Member Kells Waggoner, Council Member .. • .. • • 0 - • • • • COUNCIL COMMUNICATION Dlll9 I AaerlCla 11am ..... Buddey AM' Nalior.i Gl.-c:t May 17 , 1999 10 a i lntergc:Nemmelllill AgrNfnent ......... ., Depar1ment ~ Safety Services I Staff Source Kieth Lockwood, DMaior'I a..t (Fire) None. Staff seeks Council approval of a biN for an ordinance authorizing an Intergovernmental Agreement between Buckley Air National Guard and the City of Englewood for use of Buckley's facilities to provide accident avoidance driver training for aH City employees. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Members of the Fire Division have been trained as instructors in accident avoidance driving techniques. It was determined that this type of training would be mutually beneficial for any City employee who drives City owned vehicles. The Fire Division, in collaboration with risk management personnel, agreed to facilitate this training for other City employees. A large unobstructed paved facility is required as this training involves '1lands on" driving of the vehicles. The Buckley Air Bue is one of the only sites available to do this type of training. An Intergovernmental Agreement is necessary to satisfy both parties' legal concerns. FINANCIAL IMPACT None. UST OF ATTACHMENTS Proposed Bill for an Ordinance •, • • • 0 • • • .. -'~--.,, ~OR-99-01 we Zoning ~ndment • PROS .' and Open ,er 'the imony . . • . .. • 0 - • • • " - ,... • I • . • ' COUNCIL COMMUNICATION Date Agenda Item Sut,tect Buckley Air National Guard May 17, 1999 10 a i Intergovernmental Agreement Initiated By Department of safety Services I Staff Source Kieth Lockwood, Division Chief (Fire) COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Staff seeks Council approval of a bill for an ordinance authorizing an Intergovernmental Agreement between Buckley Air National Guard and the City of Englewood for use of Buckley's facilities to provide accident avoidance driver training for all City employees. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Members of the Fire Division have been trained as instructors in accident avoidance driving techniques. It was detennined that this type of training would be mutually beneficial for any City employee who drives City owned vehicles. The Fire Division, in collaboration with risk management personnel, agreed to facilitate this training for other City employees. A large unobstructed paved facility is required as this training involves "hands on• driving of the vehicles. The Buckley Air Base is one of the only sites available to do this type of training. An Intergovernmental Agreement is necessary to satisfy both parties' legal concerns. FINANCIAL IMPACT None. UST OF ATTACHMENTS Proposed Bill for an Ordinance • ' • • 0 , - ORDINANCE NO ._ SERIES OF 1999 '· • • • BY AUTHORITY ABILLPOR COUNCIL BILL MO. •1 INTRODUCED BY COUNCIL NBICPrP~~~~~~- AN oaDINANCE AtmlOIUZINO AN IN'l'BllGOVU.NMAL MJBDNBNT BETWEEN BUCKLEY AIR NATIONAL GUARD AND THE CITY OF ENGLEWOOD FOR USE or BUCKLEY'S FAal,l'IU&aY TBB &NQUWOOI) DIIPA&'l'MIDl'I' 0, SAFETY SERVICES. WHEREAS, the City of Englewood Safety Services Department requested the uae of a designated area of Buckley Air National Guard Base to conduct accident avoidance driving claBllf!s for City employees; and WHEREAS, the pasaage of this Ordinance authorizes approval of the uae of Buckley Air National Guard Base by Enclewood Safety Services; and WHEREAS , the Enclewood Safety Services Department will furniah instructors and equipment for these accident avoidance driving classes for City employees; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The "Acreement for Use of Buckley Air National Guard Facilities by Enclewood Department of Safety Services to Conduct Driver'• Traininc", attached hereto as "Exhibit A.• ia hereby accepted and approved by the Eqlewood City Council $cg.jog 2. The Director of Safety Services ii authorized to lien the "Acreement for Use of Buckley Air National Guard Facilities by Enclewood Department of Safety Services to Conduct Driver'• Traininc" for and on behalf of the City of Enclewood, Colorado. Introduced, read in full, and paaaed on fint reading on the 17• day of May, 1999. Published as a Bill for an Ordinance on the 2llt day of May , 1999. Thomu J . Burm, Mayor ATTEST: Loucriahia A. Ellis, City Clerk -1- •, .. • • 0 I I -• • . .. • .. I , Loucriahia A. Ellis, City Clerk of the City ofEnclewoocl, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and puaed on first reading on the 17th day of May, 1999. Loucriahia A . Ellia -2 - • • 0 • I ~ (,J f\) X 0 l . • .I 'ff!!; 1; !'J; 11; ~; nr!; 1 r1; J; r fl l•r!ii is rl,,s ili s l11s r Jlr Ji · r1 ft st l I ft • =· r1 t n l l r i' ' 1. .I jl I lt'-8 t i ;. r :,,a 8 al ! ~·· . i!,11 ! 9 ·r 9a ,I Ai( !1 IJmll •t', l 1J·fl J fl~ 1· f! 1i i'1"' .. , r• w ~i i & I t ~ . • .. ~ l r fi1(f! !1~ l::1 ,~, l 1~! i iii tf f ii ~r!~e.f:. fri fJ1 • alt'~ ,1: r' J J! r' ff g!. -,~ ·• 8 I 1a• t . st Is ·1 S,: d I f l ·f f 2, ~ ff fl II :11 h! I ·;1' ·h I f It stlf~ J~ {~t ljl l l!t ta} . R ff Jt11 1~ !r 1111· i ~ :1 5 tf, 1 ~ 1~ 11. "r • J .. ·, ! ,. J 1l I r 'r I J fe.tJ.t 81 a J ~a I t • ~ • • r I . . . :; \ ' ~ > -t-a-IM• - • • • • • ,. Eidlcr party may~ 1llis. ',,. my time. wilbaul camc, upm two ..... wrillllD aaCice --upon die odlcr Jllr'Y . .. ..... ---die Plrtia law liped ..t .... 1llis ··-'lldow: By: __________ _ Olris Olson, Di.%ector of Safety Services Far Buddily Air Natiaaal Gumd Bue: By: __________ _ 2 o-: ______ _ ~: ______ _ .. ., •· • 0 , ~?)(I • • • '. Date May 17, 1999 Initiated By • 0 I• • COUNCIL COMMUNICATION Agenda Item 10 a ii Staff Source Subject Case OR-99-01 Comprehensive Zoning Ordinance Amendment -PROS Parks, Recreation , and Open Space Zone District Neighborhood and Business Development Harold Stitt, Senior Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council reviewed and provided comment on an initial draft of the proposed ordinance during the January 11 , 1999 study session. RECOMMENDED ACTION Staff recommends that City Council set a public hearing for June 7 , 1999, to consider public testimony on the proposed Ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED City Council directed the Office of Neighborhood and Business Development to draft a Parks, Recreation and Open Space zone district ordinance as part of Title 16 of the Englewood Municipal Code. The Planning and Zoning Commission and Englewood Parks and Recreation Commission reviewed an initial draft in January 1999. The Parks and Recreation Commission again reviewed the ordinance on April 8, 1999, and moved to recommend that City Council approve enactment of the proposal (See Attachment C). The recommendation did not require a public hearing before the Planning and Zoning Commission . The Planning and Zoning Commission held a Public Hearing on April 20, 1999, to consider enactment of PROS: Parks, Recreation and Open Space Zone District to the Englewood Comprehensive Zoning Ordinance . The Planning Commission recommended a public hearing of future park development before the Planning and Zoning Commission be included in the proposed ordinance within Subsection D , Development Standards and Site Plan . The Planning Commission further recommended modification of the definition of Development Review Team to comply with the City Attorney's request. The proposal was forwarded to South Suburban Park and Recreation District for review and comment. David Lorenz, Executive Director, provided no written comment to the proposed Ordinance . The proposed Ordinance adds Section 18: PROS Parks, Recreation and Open Space District as a new zone district to Chapter 4 of Title 16: Zoning Regulations. It establishes the District within the Comprehensive Zoning Ordinance. The new zone district is intended to reinforce Englewood's existing park system . New park development should reflect the community, based upon an inclusive design process. Parks are lands permanently established and designated by Ordinance. Public open space • ...... [(.""' ' ':,t •· f • C 2X -• • • (, is land that has not been formally designated by ordinance and can include greenbelts, and lands used for active recreation or set aside for habitat conservation. The administration of park and recreation sites and facilities remains a function of Parks and Recreation Department. The proposal also amends 16-8-1 : Definitions (See Attachment A). The proposed Ordinance requires rezoning of existing park, recreation and open space sites, and a new Official Zoning Map. After the effective date of the Ordinance, staff will begin the rezoning process. The rezoning of existing park, recreation and open space areas must comply with requiraments and procedures found in Chapter 3, Initial Zoning of Property, Rezoning, Changes and Amendments Procedures, of Title 16, Zoning Regulations. The anticipated rezoning process completion date would be approximately six to nine months after the effective date of the Ordinance. FINANCIAL IMPACT There are no financial impacts of enacting the PROS District ordinance as part of the Englewood Municipal Code. However, the rezoning of existing park, recreation and open space sites to the District will require legal descriptions and surveys of the approximate twenty (20) sites proposed for rezoning. Parks and Recreation and Neighborhood and Business Development are preparing an inventory of necessary documents. In some cases new legal descriptions may be needed, as some sites have been created over the years from multiple parcel aggregation. UST OF ATTACHMENTS Staff Report Findings of Fact Bill for Ordinance Attachment A : Proposed Amel ldmenls to 16-8-1: Def.I litiol is Attachment B: Proposed Sites for PROS Rezoning Attachment C : Memo -Parks and Recreation Commission • . .. • • 0 , I • • • TO: THRU: FROM: DATE: SUBJECT: REQUEST: • 0 - Englewood Planning and Zoning Commission Robert Simpson, Director , Neighborhood and Business Development Tricia Langon , Planner April 15, 1999 Planning and Zoning Commission Date : April 20 , 1999 Case #OR 99-01 PROS : Parks, Recreation and Open Space Zone district Ordinance "' - Staff requests that the Planning and Zoning Commission review , take public testimony , and provide comment on the proposed enactment of a new zone district, PROS Parks , Recreation and Open Space as Section 18 of the Comprehensive Zoning Ordinance . RECOMMENDATION: Staff recommends that Planning and Zoning Commission recommend to City Council to approve the PROS Parks , Recreation and Open Space Zone District as Title 16 , Chapter 4 , Section 18 of the Comprehensive Zoning Ordinance of the Englewood Municipal Code. PREVIOUS PLANNING AND ZONING COMMISSION ACTION: Planning and Zoning Commission reviewed a draft of the proposed Parks, Recreation and Open Space District at a study session on January 5. 1999 . BACKGROUND AND ANALYSIS: City Council directed the Office of Neighborhood and Business Development to draft a Parks, Recreation and Open Space zone district ordinance as part of Title 16 of the Englewood Municipal Code. The new zone district is intended to reinforce Englewood's existing park system . New park development should reflect the community , based upon an inclusive design process . Parks are lands permanently established and designated by Ordinance . Public open space is land that has not been formally designated by ordinance and can include greenbelts, and lands used for active recreation or set aside for habitat conservation . In preparing this proposal , Neighborhood and Business Development staff worked closely with the Parks and Recreation Depanment and other City depanments including : Safety Services, Utilities, Public Works and the City Attorney . An early draft was reviewed by City Council and the Englewood Parks and Recreation Commission in January, 1999 . Both groups agreed with the Planning and Zoning Commission's recommendation that educational institutions, and public buildings and facilities not be Permitted Principal Uses in the district. The Parks and Recreation Commission again reviewed the ordinance on April 8, 1999, and moved to .. -•• ..... . r,,,, I ,, i •, •· • 0 - • • • • ,,,_ 0 , . • recommend that City Council approve enactment of the proposal , as wrinen (See Anachment C ). The proposal was forwarded to South Suburban Park and Recreation District for review and comment . David Lorenz , Executive Director , had no comment at this time . Notice of Public Hearing appeared in the Englewood Herald on April 9, 1999 . ORDINANCE PROPOSAL: The proposed Ordinance adds Section 18 : PROS Parks, Recreation and Open Space District as a new zone district to Chapter 4 of Title 16 : Zoning Regulations. It establishes the District within the Code. requires rezoning of existing park, recreation and open space sites. and requires a new Official Zoning Map. The proposal also amends 16-8-1 : Definitions by replacing the existing definition of Park with Park, Public ; amending Recreation Facility, Public; and adding definitions for Open Space, Public. and Development Review Team (See Anachment A). This proposal establishes the zone district within the Municipal Code. No new park, recreation or open space areas are created by this ordinance . The administration of park and recreation sites and facilities will remain a function of Parks and Recreation Department. Staff will. upon ordinance approval , begin the process to rezone twenty-two (22) designated parks , recreation and open space sites to PROS district. (See Anachment B). The rezoning of these existing sites and the zoning of new park, recreation and open space areas shall comply with requirements and procedures found in Chapter 3, Initial Zoning of Property , Rezoning. Changes and Amendments Procedures, of Title 16. Zoning Regulations. The anticipated rezoning process completion date is approximately six to nine months after the effective date of this Ordinance. The rezoning process does not include trails, bike paths, the City Ditch, private open space areas required by other zoning districts. City maintained sites such as interchanges, medians, municipal facilities. and Englewood School District facilities to the PROS District. SUMMARY; The Parks. Recreation and Open Space District reflects changes in Englewood's urban de velopment. A zoning designation for existing and future parks , recreation facilities , and open space areas in the City of Englewood ensures the following : • Definition and identification of park, recreational , open space land in an official capacity, • Protection of lei sure and recreation opportunities to meet the needs of the community, • Conservation and preservation of the natural environment, and • Preservation of an anracti ve , livable city . ATIACHMENTS; 16-4-18 : PROS : Parks , Recreation and Open Space District Attachment A : Proposed Amendments to 16-8-1 : Definitions Attachment B : Open Space Inventory Attachment C: Parks and Recreation Commission ·• "" • • . ... •· • , - • • ,,. - • I• • '· • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #OR-99-0t ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO A PROPOSED NEW ZONE DISTRICT ) 116418, PARKS, RECREATION AND OPEN ) SPACE (PROS), AND AMENDMENT OF ) 116-8-t, DEFINITIONS ) ) INITIATED BY: THE CITY OF ) ENGLEWOOD ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMJssfON Commission Members Present : Douglas, Lathram . Rininger , Stoclcwell, Weber, Willis, WeUcer Corrunission Members Absent : Dummer , Hayduk This matter was heard before the City Planning and Zomne Commission oo April 20, 1999, in the City Council Chambers of the EngiewOOd City Hall . Testimony was received from staff. The Coawni,SiOG f'CCe1\led IIObcc of P&lblic Hearing, and the Staff Repon, which were UICOrporucd illlo and lllldr a pen of die ~ of tbe Public Hearing . No public was Present to testify on this issue . After considering the statements of the witnesses, and ~iewing die pertinent documents , the members of the City Planning and Zoning Commission made the foUowing Findings and Con-clusions . I. FINQIN<,S Of fAO: THAT the proposed amendment to the Comprehensive Zoning Ordinance, development of a special zone district for parks, recreation , and open space, was undertaken at the directive of Englewood City Council . 2 . THAT Notice of Public Hearing was published in the Eu&iewOQfil &mJg on April 9, 1999 . .. ... •· • -• " - • • . . 3 . THAT staff has developed a proposed Parks, Recreation and Open Space (PROS) Or- dinance after discussions with the Planning & Zoning Commission, the City Council, Parks & Recreation staff, and the Parks & Recreation Commission. 4 . THAT Staff cited a change on Attachment A, amendments to §16-8-1, Definitions, De- velopment Review Team, which change was requested by the City Attorney's Office . 5 . THAT Commissioners expressed concern that the proposed PROS Ordinance does not contain "development standards or criteria" , nor is there any provision for public input via the public hearing process . Members of the Commission amended the proposed PROS ordinance to require a written advisory repon and recommendation from the De- velopment Review Team for approval by the Commission at Public Hearing for any de- velopment, redevelopment, or expansion of a park, recreation facility, or open space. CONCLUSIONS 1. THAT proper notice of the Public Hearing was given in the Englewood lkiikl on April 9, 1999 . 2. THAT the proposed PROS Ordinance, as amended , will provide specific designation of all parks , recreation, and open space areas, as well as provide for protection of the gen- eral public through the Public Hearing process. DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that the pro- posed PROS Ordinance, as amended , be recommended to City Council for approval . The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on April 20, 1999, by Weber, seconded by Douglas, which motion states : Weber moved : Douglas seconded : The Planning Commission reconuncnd to City Council approval of the PROS Ordinance, as modified in Section 16-8-1, Definitions, to comply with the City Attorney's request; and that wording in Section 16-4-180 be amended to read: Development Standards and Site Plan. Prior to the development, redevelopment, or expansion of any permitted principal usc within the Parks, Recreation and Open Space District, a site plan and development standards appropriate for the proposed usc shall be submit- ted to the City for review by the Development Review Team. The De- velopment Review Team shall, on a case-by-case basis, consider impacts of the proposal including, but not limited to the following: lot coverage, building height, setbacks, signs, fences, exterior li1bting, parkins, land- 2 • .. • • • 0 r - AYES : NAYS : ABSTAIN : ABSENT : • • t• . • .. (. scaping , and compatibility with surrounding zone districts and land uses. The ORT shall submit a written advisory report and recommendation to the Planning Commission for approval at Public Hearing. Rininger, Stockwell, Weber, Willis, Douglas, Latbram, Welker None None Dummer, Hayduk The motion carried . These Findings and Conclusions arc effective as of the meeting on April 20, 1999. BY ORDER OF THE CITY PLANNING & ZONING COMMISSION n /7 rn Cl:~/(, I '" J .___:._, Douglas Rininger , Vice-Cbairmaaf"""' lln&..<lllaysldcpclllbd\aro•plbunb~.'6..u ... ""81 -pno onL cut,,_., ..... 3 " - • • • 0 I 't? I - • • • • ,, - • t• . • ' Attachment A Proposed Amendments to 16-8-1: Definitions 1. Delete : Park: A tFaet eflanll llesi!l'Bllli BRII Wiili e~· tftl plrll,lia fer 118tiar11111il passiar1 f!l8Fl8'i9B. Replace with: PARK, PUBLIC: LAND DEDICATED TO THE PUBLIC FOR ACTIVE MID PASSIVE RECREATION, CONSERVATION , HABITAT PRESERVATION , AND /OR HAZARD MITIGATION . 2 . Amend : Recreation Facility, Public : A recreation facility operated by a governmental agency and open to the general public , INCLUDING RECREATION CENTER, SENIOR CENTER, ACTIVE RECREATION FACILITY , INCLUDING BUT NOT UMITED TO : TENNIS COURT, SWIMMING POOL , BALL FIELD, SOCCER FIELD , SKATEBOARD PARK, OR OTHER SIMILAR USE. 3 . Add : OPEN SPACE, PUBLIC: LAND INTENDED FOR PUBLIC USE FOR ACTIVE AND PASSIVE RECREATION, CONSERVATION, HABITAT PRESERVATION , AND /OR HAZARD MITIGATION . DEVELOPMENT REVIEW TEAM: A COMMITTEE RESPONSIBLE FOR REVIEWING DEVELOPMENT APPLICATIONS FOR CONSISTENCY WITH CITY REGULATIONS AND THE ENGLEWOOD COMPREHENSIVE PLAN . THE DEVELOPMENT REVIEW TEAM SHALL CONSIST OF REPRESENTATIVES FROM CITY DEPARTMENTS INCLUDING , BUT NOT LIMITED TO : BUILDING AND SAFETY , NEIGHBORHOOD AND BUSINESS DEVELOPMENT, PUBLIC WORKS , UTILITIES. AND OTHER DEPARTMENTS AS AFFECTED . • " .. •· • 0 ' . -. '' 1'' t • 1 32 x l l . • ,,,JJ • OPEN SPACE INVENTORY Sites to be Rezoned (approximate acreage) Site Dedicated Open Recreational Park Soace Facilitv Baker Park 0 .93 Bates-Lon.an Park 6 .84 Belleview Park 36.14 Centennial Park 37 .3 Clarkson-Amherst 0 .77 Cornerstone Park IS. Sub) 66.5 Cusnino Park 25.57 • Dartmouth Drainaoe 3.57 Deoot 0 .94 Emerson 1.34 Home Lumber 5.35 Jason Park 8.11 Little un, Creek 14 .2 Mallav Center 2 .13 Miller Fields 5.7 Northwest Greenbelt 10.75 I Plan (Ponds) 3.5 PUO !Plaza & Bvldl 4.2 Recreation Center 3 .56 Romans Park J. 4.61 Rotolo Park 3.25 Southwest Greenbelt 5.51 TOTAL ACRES 122.75 122.33 5.69 -• \. 0 • Attachment B OPEN SPACE INVENTORY Sites to Remain under Existing Zoning (approximate acreage) Sile Public School Other Facilitv District Acoma Parkina Acoma Fire 0 .21 Allen Treatment Plant 3 .83 Barde 3.67 Broadway medians Broadway walkthru Broadway and Girard City Ditch Citv Hall (Elati SI.I 3.38 Clayton Soccer Field 1.7 Detention Pond 18.21 Duncan 3 .81 Enalewood Parkway Flood Tennis Courts 0 .34 Floyd Parking Floyd Realianment Floyd Stria Golf Course/Green belt 267 Inca Parkway lnterchanae (Bdwy/285) Lincoln Beds Natches Frontage Rd . Orchard Place Police-Fire 1.95 Santa Fe Medians Servicenter 19.15 Sinclair Pool 0 .92 T ejon Fire Station 0 .95 285 Medians TOTAL ACRES 296.47 28.65 , 2.23 0 .7 0 .28 0 .29 12.12 1.65 0 .32 0 .17 0.66 0.58 4.5 1.08 0 .48 1.05 4.37 0 .6 31.08 r I 0 ~ • I • " ' -• • - ATTACH'fENT "C" MEMORANDUM TO: Bob Simpson. Director of Neighborhood and Business Development FROM: Parks and Recreation Commission ,J II. J Deborah A. Severa, Recording Secretary L.,._.,. DATE: April 14, 1999 RE : Open Space Zoning Recommendation Tricia Langon was present at the April Parks and Recreation Commission meeting to discuss the Open Space Zoning ordinance. After a brief discussion, a recommendation was made by the Commission to accept the plan as adopted, and to forward it to City Council. The motion was unanimously approved. cc : Jerrell Black, Director of Parks and Recreation Dave Lee, Manager of Open Space Parks and Recreation Commission PA.RC l99910pen s..-Zoniac ~doc NE IGHl!ORHOOO ANO BUSINESS OEVUOPMENT APR 1 5 :993 ENGI.E\VOOO,COLORAOO .. "' I· • 0 - • ORDINANCE NO ._ SERIES OF 1999 • • . • ' BY AUTHORITY A BILL FOR I • COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AMENDING TITLE 16, CHAPTER 8, AND CHAPTER 4, WITH THE ADDITION OF A NEW SECTION 22, ENTITLED "PARKS, RECREATION AND OPEN SPACE DISTRICT; TO THE ENGLEWOOD MUNICIPAL CODE, 1986. WHEREAS , the Englewood City Council desires the creation of a Parks, Recreation and Open Space Zone District within the Englewood Comprehensive Zoning Ordinance ; and WHEREAS, parks are lands permanently established and designated by Ordinance ; and WHEREAS, new park development should reflect the community, based upon an inclusive design process ; and WHEREAS, public open space is land that has not been formally designated by Ordinance and can include green belts and lands used for active recreation or set aside for habitat conservation; and WHEREAS . the administration of park and recreation sites and facilities shall remain a function of the Parks and Recreation Department; and WHEREAS , the propoeed Ordinance requires rezoning of existing park, recreation and open space sites together with the creation of a new Zoning Map; and WHEREAS , the Englewood Parks and Recreation Commission reviewed the proposed Ordinance on April 8, 1999 and recommended approval by City Council; and WHEREAS . the Englewood Planning and Zoning Commission has reviewed the proposed Ordinance ; and after a Public Hearing held on April 20, 1999, recommended approval by the City Council ; NOW , THEREFORE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon 1. The Englewood City Council hereby amends Title 16, Chapter 8, Section l , of the Englewood Municipal Code , 1985, with the addition and deletion of the following definitions, in alphabetical order, as follows: -1- ..... ;- • •· • 0 '32xl • -• . • ' - DEVELOPMENT REVIEW TEAM: OP8H SP-hG8 : OP8!'1 SJ2AG8, GOMMO!'I : OP8H SPhG8 91!ip!pff : OPEN SPACE, PUBLIC : -2- t• A COMMITI'EE RESPONSIBLE FOR REVIEWING DEVELOPMENT APPLICATIONS FOR CONSISTENCY WITH CITY REGULATIONS AND THE ENGLEWOOD COMPREHENSIVE PLAN . THE DEVELOPMENT REVIEW TEAM SHALL CONSIST OF REPRESENTATIVES FROM CITY DEPARTMENTS AS AFFECTED . 'fhel lf&lllltl Hee Mlti lhe apaee ahe,e 111 hieh ie llllimpetled & am .ate ll'f'tllld le t.he • .,. "' ~ •• m ........ e e:aeepl ihM .ate •ea ma, l,e w,etl far &anfteapiftc, reereatiieaal p-,wa a.eh ae far aWHllllliBc, ahmllelsaerll, ticllllia, etc. Parlling letle Mlti aterace are• fer uehielea MNi maMPial eheY aM he eeMitlerell ae open a,aee. band 11 iM'ml er relekel te a tleuela,meM, 1181 iBMritl..H, 8'11ae8 er tlellieeletl far plllllie w , whieh ill tleeigaetl end inkMeti far the eelltllle11 w er ,a;.,..eM el lhe reeMl.eMe el Ille •e selepmeal 8M .. , illelwle .......... .....,. .......... .. illlp:10 semeMII ae a,e ••MMY aecl. .,, ...... . The N . . -epen ap&ee NIIE e! Sil lhe lell (elN!ep• • alherwiee apeeifi e u, pra ,itle~ perpelllllie__. • lhe wall ef the Mren · I _. al MIJ pailll, 81' te -, atltlitiaa • lhe tlwezJJ · I -' whieh ia eaehntl far•••* M, pereeM (691') el i.ta pel'iae'8r Ill' fer ma,e --. •• pereeM (191') el lhe perliea ef itll perimeNr appalik --,, Glaee ,\; B, er G e•p••• sf Ille tlwelliac _._ (See Mel,ile Heme Parke, Se9'iaa 16 I 13(9)8al.) LAND INTENDED FOR PUBLIC USE FOR ACTIVE AND PASSIVE RECREATION, CONSERVATION, HABITAT PRESERVATION AND/OR HAZARD MITIGATION. ....... e1 .... h ... ··---· .,, 1M .... far .... aeti p.aaai111 r---. I' - • . ' .. • • 0 I - • • • •, • PARK. PUBLIC : RECREATION FACILITY . PUBLIC : LAND DEDICATED TO THE PUBLIC FOR ACTIVE AND PASSIVE RECREATION, CONSERVATION , HABITAT PRESERVATION AND/OR HAZARD MITIGATION . A recreation facility operated by a governmental agency and open to the general public, INCLUDING A RECREATION CENTER, A SENIOR CENTER, AN ACTIVE RECREATION FACILITY, INCLUDING BUT NOT LIMITED TO : A TENNIS COURT, A SWIMMING POOL, A BALL FIELD, A SOCCER FIELD , A SKATEBOARD PARK, OR OTHER SIMILAR USE . "' - Sectjon 2. The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 4, with the addition of a new Section 22, of the Englewood Municipal Code 1985, entitled Parks, Recreation and Open Space District, which shall read as follows: _At)I) 7 16-4-ZZ: PARKS, RECREATION ~ OPEN SPACE DISTRICT: THE PARKS. RECREATION AND OPEN SPACE DISTRICT ZONE IS INTENDED AS A ZONE WHERE PUBLIC PARKS, PUBLIC FACILITIES, OPEN SPACE AREAS , AND PUBLIC CULTURAL FACILITIES ARE PERMITTED AND ENCOURAGED AS THE PRINCIPAL LAND USES TO PROVIDE LEISURE AND RECREATION OPPORTUNITIES. TO MEET THE NEEDS OF THE COMMUNITY WHILE PRESERVING A HUMANE, ATTRACTIVE , LIVABLE CITY. FURTHER, THIS CHAPTER IS INTENDED TO MITIGATE IMPACTS OF PARK RELATED USES ON ADJACENT LAND AND TO PROTECT NATURAL RESOURCES THROUGH HAZARD MITIGATION , CONSERVATION AND HABITAT PRESERVATION. A. PERMITTED PRINCIPAL USES : 1. PUBLIC PARKS . 2 . PUBLIC RECREATION FACILITIES . 3. PUBLIC OPEN SPACE . 4 . PUBLIC AND QUASI-PUBLIC CULTURAL FACILITIES. B. ACCESSORY USES: l. ANY USE INCIDENTAL AND RELATED TO PERMITTED PRINCIPAL USES . -3- •• ..... . . • . .. •· • 0 - • • • • C. EXJSTING USES: ANY PUBLIC PARK, PUBLIC RECREATIONAL FACILITY , OR OPEN SPACE AREA IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE SHALL BE CONSIDERED A LEGALLY ESTABLISHED USE FOR THE PURPOSES OF THIS ORDINANCE . D. DEVELOPMENT STANDARDS AND SITE PLAN; PRIOR TO THE DEVELOPMENT. REDEVELOPMENT OR EXPANSION OF ANY PERMITTED PRINCIPAL USE WITHIN THE PARKS, RECREATION AND OPEN SPACE DISTRICT, A SITE PLAN AND DEVELOPMENT STANDARDS APPROPRIATE FOR THE PROPOSED USE SHALL BE SUBMITTED TO THE CITY FOR REVIEW BY THE DEVELOPMENT REVIEW TEAM . THE DEVELOPMENT REVIEW TEAM SHALL, ON A CASE-BY-CASE BASIS, CONSIDER IMPACTS OF THE PROPOSAL INCLUDING, BUT NOT BE LIMITED TO THE FOLLOWING: LOT COVERAGE , BUILDING HEIGHT, SETBACKS, SIGNS, FENCES, EXTERIOR LIGHTING , PARKING, LANDSCAPING AND COMPATIBIL'r-7TY WITH SURROUNDING ZONE DISTRICTS AND LAND USES. WRITTEN · COMMENTS~ THE PROPOSAL SHALL BE PROVIDED TO THE , ~ APPLICANT. HE DEVELOPMENT REVIEW TEAM $HALL THEN l).j ~~.J Ml W ITIEN VIS Y REPORT AND RECOMMENDATION TO ~ THE PLANNING AND ZONING OOMMISSI WAND RECO ENDATIONS LIC HEARING. ~ E . ACTION FOR REZONING : WITHIN NINETY (90) DAYS OF THE DATE THE CITY DESIGNATES A PARCEL OF LAND AS A PUBLIC PARK, PUBLIC RECREATION FACILITY OR OPEN SPACE AREA, ACTION SHALL BE INITIATED TO REZONE SUCH PROPERTIES AS A PARKS, RECREATION AND OPEN SPACE DISTRICT. Sectjon 3. Safety Clauses The City Council , hereby finds , determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood , that it is promulgated for the health . safety, and welfare of the public, and that tlus 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 so ught to be obtained. Section 4. Seyerahility If any clause, sentence, paragraph, or part of this Ordina nce or the application thereof to any person or circumstances shall for any re a so n be a djudged by a court of competent jurisdiction invalid, such judgment shall not a ffect, impair or invalidate the remainder of this Ordinance or its application to other pe r so ns or circums tances. Sect.ion 5 Inconsistent Ordinances Nothing herein contained shall be deemed a waive r of the provis ions of any other Code section or regulation applicable to fences. If ther e is a co nflict between the regulations in this Section and any other Code section or r egulations , the more stringent regulations shall apply . Section 6. Effect of repeal or mgdifir,atign The repeal or modification of any provis ion of the Code of the City of Englewood by this Ordinance shall not releue, extinguis h , alter, modify , or change in whole or in part any penalty, forfeiture, or -4- • ...... .... • . .. ,.i •· • 0 -• • • liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held 88 still remaining in force for the purpoaes of sustaining any and all proper actions, suita, proceedings, and pn>BeCUtions for the enforcement of the penalty, forfeiture, or liability, u well u for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suita, proceedinga, or prosecutions. $ection 7. &.Daltt-The Penalty Provision ofE.M.C. Section 1-4-1 ahall apply to each and every violation of this Ordinance. 5@c;tigp 8. Egiating \Jw. Any uae in emtence prior to the eft'ective date of this Ordinance, which ia not otherwiae addrNNd by conditional use limitations, which does not conform to the limitations eatabliahed by this Ordinance, shall be nonconforming. A nonconforminc uae, allowecl punuant to this Section, may remain at ita location aa a lepl nonconforming uae subject to the termination requirements of nonconforming uses aa described in this Title. Because it ia a PUl'JION of this Ordinance to eliminate nonconforming -. a nonconforming uae shall not resume if it baa been discontinued for a continuous period of at leut one hundred and eighty days or would terminate aa provided for in the general nonconforming uae proviaions of this Title. Introduced, read in full, and paued on 6nt reading on the 17th day of May, 1999. Published 88 a Bill for an Ordinance on the 21• day of May, 1999. Thomas J. Burm, Mayor ATTEST: Loucriahia A Ellia, City Clerk I , Loucriahia A. Ellia, City Clerk olthe City olEnpwoocl, Colorado, hereby certify that the above and foresoinl ia a true copy ol a Bill far an Ordinance, introcl-«l, read in full , and paued on 6nt readiaJ on the 17th day olMay, 1999. -5- • • • 0 ; I - - • • • t• - COUNCIL COMMUNICATION Date Agenda Item Subject Extension of Limited Waiver of May 17, 1999 10 a iii the Waste Transfer Surcharge Initiated By Department of Financial Services I Staff Source Frank Gryglewicz, Director of Financial Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This action furthers intergovernmental cooperation. The City Council passed Ordinance 30, Series of 1993 authorizing a limited waiver of waste transfer surcharge until December 31, 1995, and Ordinance 22 , Series of 1995 authorizing a limited waiver of waste transfer surcharge until December 31 , 1998. RECOMMENDED ACTION Staff recommends extending the waste transfer surcharge waiver until December 31 , 2001 (three summer seasons). BACKGROUND, ANALYSIS, AND AL TERNATIYES IDENTIFIED The City of Englewood passed Ordinance 25, Series of 1987 on April 20, 1987 instituting the Waste Transfer Surcharge. The Surcharge imposes a twenty cent surcharge on each cubic yard or portion thereof by each person disposing of trash at a waste transfer facility. The definition of "person" in the ordinance includes political subdivisions of the State of Colorado. The City of Englewood has received requests for waiver of the surcharge for public purposes. Englewood, Littleton, and Sheridan have requested waivers for their annual "clean-up" programs. The City Council of Englewood approved Ordinance 22, Series of 1995 to approve the waiver of the surcharge . The waiver sunsets on December 31 , 1998 so the waiver must be extended at this time for the 1999, 2000, and 2001 annual cleanups . FINANCIAL IMPACT The wa iver will reduce potential revenues by an estimated $1 ,000 annually. UST OF ATTACHMENTS Proposed Bill for Ordinance I· • 0 , - - ORDINANCE NO ._ SERIES OF 1999 ·, • • • BY AUTHORITY ABILLPOR COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MBNBBR ______ _ AN ORDINANCB ..u..GS,.'IIIE ENGLEWOOD MUNICIPAL CODE 19815, P!RTAJNrNO TO THE 'ft'l'BMlffON OP TBB LIMITED WAIVER OF THE WASTE TRANSFER SURCHARGE. WHEREAS, the City Council of the City of Englewood, Colorado passed Ordinance No. 25, Series 1987, instituting the Waste Transfer Surcharge which imposed a twenty cent surcharge on each cubic yard or portion thereof by each person disposing of trash at a waste transfer facility ; and WHEREAS, the Englewood City Council passed Ordinance No. 30, Series of 1993, which granted a limited waiver of the Waster Transfer Surcharge until December 31 , 1995 ; and WHEREAS, the Englewood City Council passed Ordinance No . 22, Series of 1995, which authorized a limited waiver of the Waste Transfer Surcharge until December 31 , 1998 ; and WHEREAS. the passage of this proposed Ordinance will extend the waiver of the surcharge until December 31, 2001; 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 approves an amending Title 4, Chapter 7, Subsection 11, with the extension of the Limited Waiver of the Waste Transfer Surcharge to read as follows: 4-7-11 : LIMITED WAIVER OF SURCHARGE : The requirements of this Chapter shall not apply during the months of May , June , July, August and September to any Municipality which meets the following criteria : A. Incorporated with City Hall within the boundaries of Arapahoe County . B. Does not provide Municipal collection of household solid waste directly or indirectly . C. Offers to its citizens the collection of household trash on a limited basis during the months of May , June, July, August and September. This Section shall be effective only until December 31,-199& 2001, after which time it Bhall be null and void without further action of the City . Introduced, read in full, and pa88ed on first reading on the 17th day of May , 1999. -I - . ' • .. •· • 0 , 2X - - • ,. • • (, Published as a Bill for an Ordinance on the 21 " day of May , 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 a Bill for an Ordinance , introduced, read in full, and passed on first reading on the 17th day of May, 1999. Loucriahia A. Ellis -2- ', • • • • 0 , ~? ',l I - ORDINANCE NO._ SERIES OF 1999 • • . -' (. BY AUTHORITY I• COUNCIL BILL NO . 25 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AtmlORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD WASTEWATER ENTERPRISE, SOUTH ARAPAHOE SANITATION DISTRICT, ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS , SOUTHGATE SANITATION DISTRICT, AND WASTE MANAGEMENT OF COLORADO, INC. APPROVING THE EXTENSION OF WASTEWATER TRANSMISSION AGREEMENT. WHEREAS , Waste Management, South Arapahoe Sanitation District, Arapahoe County Board of County Commissioners and the City of Englewood entered into a Wastewater Transmission Agreement to become effective March 31, 1995 ; and WHEREAS , the parties wish to extend the terms of this Agreement for three additional years ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1. The intergovernmental agreement between the City of Englewood Wastewater Enterprise, South Arapahoe Sanitation District, The Board of County Commissioners of Arapahoe County, Southgate Sanitation District, and Waste Management of Colorado, Inc ., approving the Extension of Wastewater Transmission Agreement which extends the original agreement for an additional three years to May 15 , 2002 , attached hereto aa "Exhibit l ", is hereby approved . Section 2 The Mayor ia authorized to execute and the City Clerk to attest and seal the Extension of Wastewater Tranamiaaion Asreement for and on behalf of the Englewood Wastewater Enterprise . Introduced , read in full, and passed on first reading on the 3rd day of May , 1999. Publishe d as a Bill for an Ordinance on the 7th day of May , 1999. Read by title and passed on final reading c.n the 17th day of May , 1999. -1- . ' • . . . 10bl .. • • 0 I xi -• • • <, Published by title as Ordinance No .~ Series of 1999, on the 21st day of May , 1999 . Thomas J . Burns, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I , Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . ~ Series of 1999 . Loucriahia A. Ellis -2- . . • . ' • 0 - - • • 0 (• . • ' EXTENSION OF WASTEWA'l'ER TRANSMISSION AGREEMENT THIS AGREEMENT, made and entered into effective as of May 16, 1999, by and between SOUTH ARAPAHOE SANITATION DISTRICT, a quasi-municipal corporation, hereinafter called "SOUTH ARAPAHOE"; THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, a body corporate and politic of the State of Colorado, hereinafter called the "COUNTY"; the CITY OF ENGLEWOOD WASTEWATER ENTERPRISE, a Colorado municipal corporation, hereinafter called the "CITY"; SOUTHGATE SANITATION DISTRICT, a quasi-municipal corporation, Arapahoe and Douglas Counties, hereinafter called "SOUTHGATE"; and WASTE MANAGEMENT OF COLORADO, INC., a corporation, hereinaf- ter called "WMC". WHEREAS, the parties hereto are parties to a Wastewater Transmission Agreement ("Agreement") with an effective date of March 31, 1995, a true copy of which is attached hereto as Exhib- it A, and incorporated herein by reference; and WH~REAS, the parties hereto wish to extend the term of the Agreement for three additional years. NOW, THEREFORE, in consideration of the mutual benefit to each, the parties agree as follows: l. Paragraph 14.l of the Agreement is hereby amended to provide as follows: 14.l Unless sooner terminated for any reason else- where provided, this Agreement shall extend to and until the expiration of the Englewood Wastewater Con- tribution Permit for the Fairways Tap, or May 15, 2002, whiche•,er shall first i::ccur. 2. The final sentence cf paragraph 8.2 of the Agreement is hereby amended to provide as follows: Each annual inspection, and any necessary cleaning, shall be done during the month of August, with a final inspection, and any necessary cleaning, to be done in May, 2002, to coincide with the termination of the Agreement, to leave SOUTH ARAPAHOE with a clean pipe. 3. Paragraph 9 of the Agreement is hereby amended to pro- vide as follows: The COUNTY and WMC shall be jointly obligated to reim- burse SOUTH ARAPAHOE for engineering and legal fee• ...... .,, - • f.. X H I B I T 1 .. •· • 0 - • • • • '· incurred in responding to the request !or a three-year extension, and shall pay such reimbursement within thirty (30) days after invoice by SOUTH ARAPAHOE. 4. Except as expressly amended hereby, the Agreement shall remain in full force and effect in all its particulars. IN WITNESS WHEREOF, the parties have set their hands and seals as below written. (S E A L) SOUTH ARAPAHOE SANITATION DISTRICT By ~~~;;a~ David Chr,1/Stensen, President Date f g -'iY BOARD OF COUNTY COMMISSIONERS, COUNTY OF ARAPAHOE ~'~ cii'u. n Date 3/1.-'3/1'7 -2- "' - .. • •· • 0 , 2 I - - • • • ' ATTEST: • • ,~ • CITY OF ENGLEWOOD, COLORADO WASTEWATER ENTERPRISE BY.,.........~~~~~~~~~~~~~~- Titla :nxm,s J Bums, Hi:1¥12r Oat•~~~~~~~~~~~~~~- Title Ioucrisbia l\ EJJis City Clerk (5 E A L) ATTEST: ~~<>- (5 E A L) ATTEST: DISTRICT, counties WASTE MANAGEMENT of COLORADO, INC. By:~ nirButir,vcafui Environmental Management -3- ,,,_ • I • .. •· • () ' - - • • • • • CONSENT OF SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1 SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1, being a party to the Basin Interceptor Agreement, acknowledges receipt of a copy of this EXTENSION OF WASTEWATER TRANSMISSION AGREEMENT, and declares that it consents to the same having been entered into by the other parties to said Basin Interceptor Agreement. Dated this 15fli day of AMIL 1999. ATTEST: By:~~c?-~ Ben ainL.Olsen, Secretary D:\DLf\lAU\UlllflLL.MI llal'cll S1, 1999 -4- SOUTH E?fGLEWOOD SANITATION DISTRICT NO. 1 By:~~~~ Eugen~Dunham, President • .. • • 0 • • 0 • WASTEWATER TRANSMISSION AGREEMENT THIS AGREEMENT is made and entered into effective as of March 31, 1995, by and between SOUTH ARAPAHOE SANITATION DISTRICT, a Colorado quasi-municipal corporation ("SOUTH ARAPAHOE"); SOUTHGATE SANITATION DISTRICT, a Colorado quasi-municipal corporation ("SOUTHGATE"); the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, a body corporate and politic of the State of Colorado (the "COUNTY") ; THE CITY OF ENGLEWOOD, a Colorado municipal corporation (hereinafter called "ENGLEWOOD") and WASTE MANAGEMENT OF COLORADO, INC., a corporation ("WMC"). RECITALS A. The COUNTY owns County Line Landfill (the "Landfill"), located in D9uglas County, Colorado at the intersection of South Colorado Boulevard and County Line Road. B. WMC is the operator and manager of the Landfill pursuant to an agreement with the COUNTY. c. Rainfall and natural drainage have caused storm waters containing contaminants or potential contaminants to collect at the Landfill. D. SOUTH ARAPAHOE owns public sewer facilities in the vicinity of the Landfill. E. SOUTH ARAPAHOE' s mains flow into the Big Dry Creek Interceptor (the "Interceptor"), which is owned in various segments by SOUTHGATE and ENGLEWOOD, and which is operated pursuant to a Basin Interceptor Agreement dated as of August 1, 1990 (the "BIA"). The Interceptor delivers sewage flows from SOUTH ARAPAHOE's service area to the Bi-City Treatment Plant (the "Plant") owned jointly by ENGLEWOOD and the City of Littleton; ENGLEWOOD operates and manages the Plant pursuant to an agreement with the City c! Littleton. F. On or about January 21, 1985, SOUTH ARAPAHOE, the COUN'l 'Y, ENGLEWOOD and WMC entered into a Wastewater Transmission Agreement (the "1985 Agreement") pursuant to which storm waters collected at the Landfill have bean transmitted to the Plant. The 1985 Agreement was extended and modified by an Amendment dated Octobe r 1, 1990 (the "Amendment"). G. Under the 1985 Agreement, WMC installed a lift station and dewatering sump at the location shown on Figura 1 attached hereto and incorporated herein by reference. Said facilities were then connected to SOUTH ARAPAHOE's facilities at the location shown on Figure 1 as "Existing Manhole to Sanitary Sewer." This system and its connection to SOUTH ARAPAHOE facilities is hereinafter EXHIBIT A -• ' •. I· • - • • "' - 0 {~ - called the "Landfill Tap." H. Changes in circumstances since the date of the 1985 Agreement, coupled with the need for an additional connection at the Landfill, have prompted the parties hereto to restate the prior understandings, with amendments, in this Wastewater Transmission Agreement. AGREEMENT FOR AND IN CONSIDERATION of the mutual promises and undertakings set forth h~rein, the parties agree as follows: 1. Limited Scope of · Agreement. The purpose of this Agreement is to permit the use of SOUTH ARAPAHOE facilities and the Interceptor to convey wastewater only from the Landfill and only for a limited period of time. This Agreement shall not be construed or asserted as the basis of any offer or willingness or ability on the part of SOUTH ARAPAHOE, SOUTHGATE, OR ENGLEWOOD to provide sanitary sewer service to the public generally or to any area outside the specific limits of the Landfill, except as is specifically provided herein. 2. Landfill Tap. The Landfill Tap shall be governed by this Agreement. 3. Fairways Tap. 3. l The COUNTY and WMC are hereby authorized to make an additional, new and separate connection to SOUTH ARAPAHOE facilities to permit the discharge of contaminated or potentially contaminated effluent from a groundwater collection, pumping and transmission system located on Tract K, Fairways of South Suburban, Filing No. 3 Subdivision, in or near the "Study Area" also shown on said Figure l. This system and its connection to SOUTH ARAPAHOE facilities is hereinafter called the "Fairways Tap." 3.2 The COUNTY and WMC shall, at their sole expense construct the Fairways Tap and connect it to SOUTH ARAPAHOE facilities. The COUNTY and WMC will follow SOUTH ARAPAHOE permitting requirements, and the connection to the SOUTH ARAPAHOE system shall be in accordance with plans and design approved by SOUTH ARAPAHOE before any connection is made. All engineering fees and other costs incurred by SOUTH ARAPAHOE in reviewing plans and specifications shall be paid by the COUNTY and WMC. No permit shall be final nor shall service be provided until construction is approved by SOOTH ARAPAHOE. Further, it shall be the responsibility of the COUNTY -2- .... •• ...... • . .., •· • 0 - • • • • and WMC to deter.mine all requirements for and to secure any and all other per.nits and approvals for the work from the appropriate governmental agencies. 4. Connections Limited. The Landfill Tap and the Fairways Tap (hereinafter collectively the "Taps") sh3ll be constructed and maintained so as to prevent the connection of sewer lines from any area other than the Landfill and the specific groundwater collection location specified in J.l above. In addition to any other remedies herein provided, SOu"TH ARAPAHOE shall have the right immediately to disconnect facilities serving any other area regardless of where the unauthorized connection is made and to charge the COUNTY and WMC for the costs thereof. 5. Other Agreements/Pe!J!lits. 5 .1 In-the perfor:mance of their obligations under this Agreement, the COUNTY and WMC will satisfy, adhere to, and .be .bound by all of the perfor:mance standards, terms, and conditions contained in the following contracts: a. Wastewater Contribution Per:mit issued .by ENGLEWOOD to the COUNTY dated May 15, 1993, and amended in 1995; and b. Connector's Agreement bet.een Arapahoe County and the City of Englewood dated August 20, 1984, as amended .by Amendment dated June 27, 1987 and Consolidated Amendments to Agreements dated July 2, 1990; and c. First Amendment to the Consolidated Amendments to Agreements dated March 21, 1995; and A violation or breach of any of such standards, tenlS, or conditions will be deemed a violation or breach of this ~greement and will .be cause for ter:mination hereof, without regard to whether either of the referenced contracts are in force at the time of the alleged violation or breach. 5.2 Additionally, the COUNTY and WMC understand and agree that all the rights and privileges granted.them by SOOTH ARAPAHOE herein are subject to the provisions of the Connector's Agreement between SOOTH ARAPAHOE and ENGLEWOOD and any successor agreements. 5. 3 All service furnished hereunder by SOUTH ARAPAHOE and the Interceptor shall be subject to applicable Rules and Regulation• of SOOTH ARAPAHOE and SOUTHGATE, to the ENGLEWOOD Wastewater Utility Ordinance, and to any and all treatment permits issued by ENGLEWOOD for the discharge from the Taps, all as now or hereafter -3- -• ..... • • 0 '32xl • • • ,, - 0 • constituted. 6. Tap Allocations. The tap allocations of SOUTH ARAPAHOE under ENGLEWOOD'S tap allocation program are not affected by either the Landfill Tap or the Fairways Tap. 7. connection charges. 7 .1 Notwithstanding the provisions of Section 5 above, because of the limited term of this Agreement and the time and rate restrictions on discharge in Section 10 below, there shall be no additional SOUTH ARAPAHOE tap fee for the Fairways Tap. 7. 2 Also because of said limitations and restrictions, neither the Landfill Tap nor the Fairways Tap shall be deemed a connection to the Interceptor under the BIA. If, however, discharge from the Taps causes any impact upon any gallons-per-day capacity entitlements under the BIA, such capacity impact shall be deemed attributable to SOUTH AR.~PAHOE. In such event the COUNTY and WMC shall be liable for the payment of Line Charges under said agreement, calculated as provided therein, and SOUTH ARAPAHOE may impose such tap fees or system development charges upon the Taps as are applicable generally within that District. In lieu of the foregoing, however, SOUTH ARAPAHOE may, at its discretion but not later than sixty (60) days after notice of Interceptor capacity impact is given to SOUTH ARAPAHOE, the COUNTY and WMC by SOUTHGATE or ENGLEWOOD, alter the time and rate restrictions on Landfill discharge into its system so as to eliminate the capacity impact upon the Interceptor. 7.3 The primary basis for the waiver of connection charges hereunder is the assumption that the Landfill dewatering program is temporary. Therefore, if both Taps have not been disconnected at or before the expiration of .this Agreement as stated in 14.1, at the election of South Arapahoe in its sole and unlimited discretion, the said Taps may be deemed permanent. Upon a determination to such effect by resolution of the SOUTH ARAPAHOE Board of Directors following reasonable notice to and an opportunity for the COUNTY and WMC to be heard, all connection charges attributable to the Taps will be due and payable within 30 days thereafter, at the then current amounts and calculation formulae, and the Taps will be accounted for under the BIA as new connections to the SOUTH ARAPAHOE system as of that date. They will not, however, count against the Taps for which SOUTHGATE agreed to pay Line Charges under the May 31, 1990 Agreement between SOUTH ARAPAHOE and SOUTHGATE; the COUNTY and WMC shall be jointly and severally liable to pay Line Charges attributable to the Taps directly to ENGLEWOOD. If as of the expiration of this Agreement -4- ·• ..... - •. I· • f - • • • • ,- 0 - • SOUTH ARAPAHOE has not determined the Taps to be permanent as provided above, the Taps shall be promptly and permanently disconnected. 8. Maintenance Charges. 8.1 The COUNTY and WMC shall pay SOUTH ARAPAHOE an annual service charge of One Thousand Dollars ($1,000.00) for the Landfill Tap and an annual service charge of One Thousand Dollars ($1,000.00) for the Fairways Tap. Such fees shall be paid in advance, on the date the Fairways Tap is approved by SOUTH ARAPAHOE. Credit for any prepaid annual service charge attributable to the Landfill Tap under the 1985 Agreement shall be prorated to the date described immediately above. 8.2 To _prevent a build-up of metals deposits in the SOUTH ARAPAHOE'S mains, SOUTH ARAPAHOE shall annually inspect its main from the point of the Landfill Tap to the point of the Fairways Tap, and downstream from the Fairways Tap to the "B" line, a distance of approximately 4,000 feet. The inspection shall be done by SOUTH ARAPAHOE's regular maintenance contractor. If any build- up of sludge or other solid materials is found, the same shall be removed by jet-cleaning or other appropriate means. SOUTH ARAPAHOE shall have such removal or cleaning charges billed by separate invoice, which the COUNTY and WMC shall pay within thirty (30) days after receipt. If the charges are anticipated to exceed $1,200.00 for any one cleaning pursuant to this section, the COUNTY and WMC shall be notified by SOUTH ARAPAHOE in advance of the performance of the cleaning work. Each annual inspection, and any necessary cleaning, shall be done during the month of August, with a final inspection, and any necessary cleaning, to be done in May, 1999, to coincide with the termination of the Agreement, to leave SOUTH ARAPAHOE with a clean pipe. 8.3. The COUNTY and WMC are jointly and severally liable for any and all maintenance charges imposed pursuant to the BIA. For the purposes of calculating same, actual measured flows from both Taps shall be substituted for the "annualized mid-winter reading" in the formula specified by the said Agreement. 9. costs Reimbursement. The COUNTY and WMC shall be jointly obligated to reimburse SOUTH ARAPAHOE and SOUTHGATE for the engineering and legal fees they have incurred and will incur in responding to the request by the COUNTY and WMC tor the Fairways Tap. These expenses include but are not limited to all plan reviews, consultation, observation, inspection, drafting, analysis, conferral, and reporting. The amount of such reimbursement shall be determined after the Fairways Tap connection is completed and -s- .... - .. •· • 0 • • 0 • all SOUTH ARAPAHOE and SOUTHGATE engineering and legal work pertaining thereto is concluded, and paid within thirty (30) days after invoice by SOUTH ARAPAHOE and SOUTHGATE. 10. Discharge Limitations. 10.1 No wastewater from either the Landfill Tap or the Fairways Tap shall be discharged into SOUTH ARAPAHOE facilities between the hours of 5:00 a.m. and 10:00 a.m. or between the hours of 5:00 p.m. and 10:00 p.m. daily. The rate of discharge from both taps combined shall not exceed twenty (20) gallons per minute during the hours of discharge except that not more than once each day the discharge rate may be increased to a maximum of one hundred twenty (120) gallons per minute for not more than five consecutive minutes. 10.2 The discharge time and rate limitations stated in 10.1 above shall be subject to change as reasonably directed by SOUTH ARAPAHOE if flows from the Landfill adversely affect the availability of peaking capacity in SOUTH ARAPAHOE facilities or the Interceptor. 11. Emergencv Shutof!. SOUTH ARAPAHOE, SOUTHGATE, and ENGLEWOOD shall at all times have the right, without liability tor damages to the COUNTY or WMC, to interrupt the discharge of Landfill wastewater in the event of a blockage or rupture anywhere within the SOUTH ARAPAHOE system, the Interceptor or the Plant. 12. Monitoring; Reporting. 12.1 During the term of this Agreement, the COUNTY and WMC will furnish SOUTH ARAPAHOE, SOUTHGATE and ENGLEWOOD with copies of all flow charts, analytical reports, tests, and test results involving the wastewater removal program submitted by them to the Colorado Department of Health. Additionally, SOUTH ARAPAHOE may monitor the Taps, review any flow charts, analytical reports, and tests made by any of the parties, and have access to the Taps to examine, inspect, and make such tests of the Landfill wastewater as it deems necessary, provided that in exercising its rights hereunder SOUTH ARAPAHOE does not interfere unreasonably with the operation of the Taps or impose an unreasonable administrative burden on WMC. The COUNTY and WMC shall reimburse SOUTH ARAPAHOE for all costs and expenses incurred in connection with any examination and testing which does not duplicate information previously provided to SOUTH ARAPAHOE by the COUNTY and WMC hereunder. -6- -• .... I· • C '32xl - • • • . ' • 12. 2 The COUNTY and WMC shall monitor contaminants present in the discharge at both the Landfill Tap and the Fair;.rays Tap, and shall, for both of said taps, provide copies of the documents submitted to the Colorado Department of Public Health and Environment to SOUTH ARAPAHOE and SOUTHGATE as provided in paragraph 13 above, and shall notify SOUTH ARAPAHOE and SOUTHGATE immediately o! any changes or new toxic or hazardous material found. 13. cure of Violations. The COUNTY and WMC shall correct any violations or breaches o! this Agreement, or other conditions reasonably determined by SOUTH ARAPAHOE, SOUTHGATE or ENGLEWOOD to be injurious to SOUTH ARAPAHOE facilities or the Interceptor. Upon the failure of the COUNTY or WMC to take appropriate corrective action after notice by SOUTH ARAPAHOE, SOUTHGATE or ENGLEWOOD, any or all of sa_id parties shall have any or all of the following remedies: undertake such corrective action as it deems necessary; halt landfill discharge into SOUTH ARAPAHOE facilities; disconnect the involved Tap from SOUTH ARAPAHOE facilities; and obtain injunctive or other relief from any court of competent jurisdiction. such remedies shall be cumulative, and the COUNTY and WMC shall be jointly and severally responsible .and liable to SOUTH ARAPAHOE, SOUTHGATE and ENGLEWOOD, as appropriate, !or all expenses, including engineering and attorney fees, incurred in connection with the corrective work. In the event o! litigation, the prevailing party shall be entitled to recover its expenses and costs o! suit, including attorney fees and other professional fees and charges. 14. Teen; Tepnination. 14. l Unless sooner terminated for any reason elsewhere provided, this Agreement shall extend to and until the expiration of the Englewood Wastewater Contribution Permit for the Fairways Tap, or May 15, 1999, whichever shall first occur . 14. 2 Any party may terminate this Agreement sooner for any of the following reasons: a. ENGLEWOOD refuses for any reason to treat discharge from the Taps; b. Any party commits a material breach of any provision hereof and fails to cure the same within a reasonable time after service of written notice of breach upon it, which notice shall identify with particularity the act or omission complained of· and the date by which cure is demanded; -7- ' . , ... • • , • • • 0 • c. SOUTH ARAPAHOE determines that notwithstanding all efforts to regulate volume and times of discharge, SOUTH ARAPAHOE becomes substantially unable because of impairment of its capacity by discharge from the Taps to fulfill its obligations to users existing as of the date of this Agreement; d. The Landfill wastewater drainage contemplated by this Agreement is completed. 14. J Upon the termination of this Agreement, the Landfill Tap and the Fairways Tap shall be disconnected permanently from SOUTH ARAPAHOE facilities in accordance with all applicable regulations of governmental agencies having jurisdiction, including without limitation, the Colorado State Department of Health. All work involved in ~uch disconnection shall be subject further to the approval of SOUTH ARAPAHOE. The COUNTY and WMC shall pay all of the costs incurred in the disconnection of the COtJNTY system, including the inspection and other costs of SOUTH ARAPAHOE' s consulting engineer. 14.4. If for any reason the Landfill Tap or the Fairways Tap is disconnected from SOUTH ARAPAHOE facilities before all wastewater is removed from the Landfill, the COUNTY and WMC acknowledge and agree that an acceptable alternative means of removing such remaining wastewater exists in the form of trucking, and that the removal of wastewater from the Landfill through SOUTH ARAPAHOE facilities and the Interceptor as provided in this Agreement, while less expensive, is not necessary for public health or related reasons. 1s. Transmission Liabilities Limited. Neither soUTH ARAPAHOE nor SOUTHGATE shall have any liability to ENGLEWOOD for damage to the Plant caused by discharge from the Taps, but nothing herein shall be construed to relieve SOUTH ARAPAHOE from liability or responsibility for its failure or refusal promptly to carry out reasonable and lawful directives from ENGLEWOOD to assist ENGLEWOOD in stopping the discharge of hazardous wastes from the Taps. Further, nothing in this section shall be construed to prohibit ENGLEWOOD from including costs to repair damage to the Plant caused by discharge from the Taps in the revenue requirements for its treatment charges applicable generally to all customers served by the Plant. 16. Miscellaneous Provisions. 16.1 The COUNTY and WMC shall indemnify and save harmless SOUTH ARAPAHOE, SOUTHGATE and ENGLEWOOD, their officers, employees, -a- ...... •. .. I· • 0 f 3 xi - ... . -· • • • I• •, - (. and agents, against any and all claims, damages, actions, or causes of action and expenses, including attorney fees to which they or any of them may be subjected by reason of or in connection with the construction, operation, modification, replacement, maintenance, repair, or removal of either Tap, or the use of SOUTH ARAPAHOE facilities or the Interceptor by the COUNTY and WMC. 16.2 This Agreement shall not be assigned, sold or transferred by the COUNTY or WMC without the written consent of SOUTH ARAPAHOE. 16.3 Should any federal or state law, rule, permit, regulation, or order of court render void or unenforceable any provisions of this Agreement, in whole or in part, the remainder shall be in full force and effect to the extent possible. 16.7 This Agreement shall not be used as a legal defense or prohibition to a mandatory consolidation of all existing sewer collection systems and facilities into a single governmental entity created to assume responsibility for sewer service in the area in which the COUNTY, ENGLEWOOD, and SOUTH ARAPAHOE are a part, under statutory or constitutional authority, as may be the case. 16.8 This Agreement supersedes, terminates and replaces the 1985 Agreement and the Amendment thereto, in their entirety. 16.9 The above and foregoing constitutes the whole agreement between the parties and no additional or different oral representation, promise or agreement shall be binding upon any of the parties hereto with respect to the subject matter of thi•· Agreement. IN WITNESS WHEREOF, the parties have set their hands and seals, effective the day and year first above written. SOUTH~AHOE W:'TATION DISTRICT By: vi~ . J?-----.- Charles R. Bnlee, President -9- .. , .. • I • 0 - - • • • ATr~T: ~ ' 4~,y,.,,4,~ Donettaoavcfson County Clerk and Recorder (SEAL) A'fr~' • • a f/h. ~is City Clerk (SEAL) ATrEST: I QLL~£~A¢::t'.t 1--l(,t.qt(~ .;,ulia Swearingen 1 .... s/cretary ( / .. :..~::::::c:s.~> . ::-:.-·· . . :.::·: -·-: -.. : : ·. :.: : -. . . -... ~ .. { .= ~ . . ..: ~-. . . ·e~· ......... ··": L C ~ ••.• BOARD OF COUNTY COMMISSIONERS, COUNTY OF ARAPAHOE SOCTBGATE SANITATION DISTRICT, Arapahoe and Douglas counties a,,~~-M±t GenE~rt, PrHident -10- .. I· • 0 '32xl - - • • ' • • I~ • .. WASTE MANAGEMENT OF COLORADO, INC. By: ~~ ~..ee..,.._ Leonard Butler, Vice President, Environmental Management CONSENT OF SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1 SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1, being a party to the Basin Interceptor Agreement, acknowledges receipt of a copy ot this WASTEWATER TRANSMISSION AGREEMENT, and declares that it consents to the same having been entered into by the other parties to said Basin Interceptor Agreement. Dated this~ day of __..Apr__.i~l~~-' 1995. ATTEST: ·.· .... : .. : .... · . •' .. SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1 ' 'I ' • .. .: , . • 0 - • • Joe !fO. ECI-!03 Dm: 4-13-94, 3Y': TIC DL\IH: PD Hcl HYOROLOGIC CONSULTANTS. INC. • • • ,, ... ·--· . c,...------ LOCATION OF STUDY A.REA ,, ,. • 0 flGU?.:: f ~2xl - • ORDINANCE NO ._ SERIES OF 1999 • • • BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING A GRANT OF A PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND CENTENNIAL WATER AND SANITATION DISTRICT, FOR THE PURPOSE OF CONSTRUCTION . MAINTENANCE AND OPERATION OF A PUMP STATION. WHEREAS , the Englewood City Council, by the passage of Ordinance No . 44 , Series of 1980 , authorized an intergovernmental agreement between Mission Viejo Water and Sanitation District, now Centennial Water and Sanitation District, for the purpose of selling raw water to the District; and WHEREAS , the Englewood City Council , by the passage of Ordinance No . 55 , Series of 1981 , authorized an intergovernmental agreement between Mission Viejo Water and Sanitation District, now Centennial Water and Sanitation District, for the purpose of granting easements for water lines and a pump station; and WHEREAS, with the passage of this Ordinance a temporary construction easement is hereby granted to Centennial Water and Sanitation District, for the construction, of an additional pump station; and WHEREAS, with the passage of this Ordinance a permanent easement is hereby granted to Centennial Water and Sanitation District, for the construction, maintenance and operation of this additional station; and WHEREAS , the Englewood Water and Sewer Board reviewed and made their recommendation for the Grant of a Permanent Easement and a Temporary Construction Easement to the Centennial Water and Sanitation District, for the purpose of construction, maintenance and operation of a pump station at their April 20, 1999 meeting; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sectjon l. The Grant of a Permanent Easement and Temporary Construction Easement to Centennial Water and Sanitation District, and the City of Englewood, Co lorado , attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Sectjon 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Grant of a Permanent Easement and Temporary Construction Easement to Ce ntennial Water and Sanitation District for and on behalf of the City of Englewood, Colorado . -1- • ...... ,,,_ 10b ii •· • 0 - • • • ·, • .. Introduced, read in full, and passed on first reading on the 3"' day of May, 1999. Published as a Bill for an Ordinance on the 7th day of May, 1999. Read by title and passed on final reading on the 17th day of May, 1999. Published by title 88 Ordinance No.~ Series of 1999, on the 21st day of May , 1999. Thomae J. Burm, Mayor ATTEST: Loucrishia A. Ellis, City Clerk ----- I , Loucriahia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing ia a true copy of the Ordinance paaaed on final reading and published by title 88 Ordinance No. ~ Series of 1999. Loucriahia A. Ellis -2- . , • . • .. • • 0 - • • • • • GRANT OF PERMANENT EASEMENT AND. TEMPORARY CONSTRUCTION EASEMENT EXHIBITA THIS Permanent Easement ia granted this __ day of 1999, by THE CITY OF ENGLEWOOD. COLORADO , a Home Rule City existing under and by virtue of the laws of the State of Colorado (hereinafter referred to 88 "the City/Grant.or", whoee address is 3400 South Elati Street, Enclewood. CO 80110, and THE CENTENNIAL WATER AND SANITATION DISTRICT, a Colorado quasi-municipal corporation, (hereinafter referred to 88 "the Oiatrict/Grantee") whoee lecal addreBB ii 62 West Plaza Drive, Highlands Ranch, Colorado 80126. The Parties covenant and agree as follows : l. Eaaement Property . The "Easement Property" or "easement" shall mean the real property owned by the City/Grant.or located in the County of Douglas, State of Colorado, more particularly described in the Legal Description for the Permanent Easement, attached hereto and incorporated by reference herein. (See Attachment 1) 2 . Temporary Euement Property . The "Temporary Euement Property" ahall mean the real property, owned by the City/Grant.or, located in the County of Douclaa, State of Colorado, aubatantially aa depicted on the mapa attached hereto and incorporated by reference herein. (See Attachment 2) 3. Conajderation . As consideration of this Permanent Easement Grant, the District/Grantee has paid to the City/Grant.or the ,um of Ten Dollara ($10.00) and other good and valuable consideration paid by the Diatrict/Grantee. receipt of which is hereby acknowledged by the City/Grant.or. 4. Grant of Permanent EaHment . The City/Grant.or hereby sranta to the District/Grantee, ita aucxeBBOra and aaaipa, a perpetual, non-e:scluaive easement over, across and throuch the Easement Property for the purpoae of comtruction, maintenance and operation of a pump ·atation. 5 . 6 . Grant of Temporary Conatructjpn Earmopt . The City/Grant.or hereby cranta to the District/Grantee, and 888ilJUI, a temporary non-excluaive conatruction easement upon, over and across the temporary conatruction easement property for the purpoee of using and occupyinr the property durinc the initial conatruction of the pump station. The District/Grantee will reatore the 1urface of the Temporary Construction Easement to the ume condition it wa, in, 88 near 88 prac:tic:able. immediately prior to the granting of this Temporary Conatruction Easement. Ag:ua. The Oiatrict/Grantee ahall have the perpetual, non-e:scluaive risht of inpeBB and egreH, in, to, over, throuch and ac:rou the Euement Property for any purpoee nec:euary or desirable for the full eltjoyment of the rishta cranted to the Oiatrict/Grantee under this Permanent Easement Grant. .. • • 0 - • • • t• • 7 . Restoratjon . The District/Grantee agrees that after the construction of the pump station. the District/Grantee shall restore the surface of the easement property and the temporary easement property as nearly as reasonably possible to the grade and condition of the property immediately prior to the construction. The District/Grantee further agrees to restore and repair any improvements of the City/Grantor which are damaged or altered by the District/Grantee during said construction. 8. Rjghts of Cjty/Grantor. The City/Grantor hereby reserves the right to use and enjoy the Permanent Easement Property for any purposes which are not inconaistent with, and do not interfere with, the easement and ri(hts herein granted to the District/Grantee, provided, however, auch reservation by the City/Grantor shall not include the right to erect or cause to be erected any buildinp, 1tructure11, treea, or other obstructions on the Permanent Eaaement Property which ~ould preclude, injure or make more difficult the exercise by the District/Grantee of richta granted to the District/Grantee hereunder. 9 . Abandonment. In the event that the District/Grantee shall abandon the richts granted to it under this Grant of easement, all right, title and interest hereunder of the District/Grantee shall cease and terminate, and the City/Grantor shall hold the Easement Property, as the same may then be . free &om the rights of the District/Grantee so abandoned and shall own all materials and structures of the District/Grantee so abandoned. 10. Bjndjng Effect. Thia Grant of a permanent euement shall extend to and be bindinc upon the heirs, personal representatives, 1ucceAOn and auicnees of the reapective parties hereto. The term1, covenanta, agreements and conditions in this Permanent Easement Grant shall be construed as covenanta, runninc with the land. IN WITNESS WHEREOF, the parties hereto have executed this Permanent Easement Grant the day and year fint above written. CITY OF ENGLEWOOD , COLORADO • GRANTOR By :-------------- Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk -2- . . • . ' .. •· • 0 I - ,, • • • . • ' .. CENTENNIAL WATER AND SANITATION DISTRICT· GRANTEE By: _____________ _ STATE OF COLORADO COUNTY OF ARAPAHOE ) ) ... ) SUBSCRIBED AND SWORN to before me by--------of .. Centennial Water and Sanitation District. this __ day of _______ ~ 1999. Notary Public My commiuion expires: -3- ~~ ' , • ' , • • • 0 t "ll')v I - • SEN f BY: HS & w, P . C.j • • • ~. LEGAL DESCRIPTION PERMANENT EASEMENT A PARCEL OF LANO FOR A PERMANENT e.-seMENT BEING A PORTION OF THE SOUTHEAST QUARTER OF secTION 32. TOWNSHIP 5 SOUTH, RANGE ea WEST OF THE SIXTH PRINCIPAL. MERIDIAN. COUNTY OF ARAPAHOE . STATE OF COLORADO, DESCRIBED AS FOLLOWS . COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 32 WHENCE THE NORTHEAST CORNER OF SECTION 5, TOWNSHIP IS SOUTH, RANGE ea WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARS NORTH n·,r.a· !AST 2448 .92 !'UT; THENCE NORTH 51•..-44• EAST 112 .38 FEeT TO THE TRUE ,c)llff' OF RGNt1NG. SAID POINT BEING AL.SO ON THE NORTH!ASTUL Y LINE OF AN EASEMENT TO CENTENNIAL WATER AND SANITATION DISTRICT, OESCRa8!C IN BOOK 411. P.-G! 403, MN'N+OE. COUNTY RECORDS; THENCE LEAVING SAID NORTHEASTER1. Y LINE NORTH 2r49''5" !AST M .N FEET; THENCE SOUTH S2"10'06" EAST 133 .33 FEET: THENCE SOUTH 2r49'02" WEST 29.0I FEET; THENCE SOUTH 1r10'32"" EAST 18 ISi FEET TO SAID NORTHEASTERL. Y LINE. THENCE ALONG SAID NORTHEASTERLY LINE NORTH 53•00'00" WEST 20. 32 FEET TO THE TRUE POINT OF HGIUIING. CONTAINING 0.276 ACRES (12,042 SQ. FT), MORE OR LESS . EXHIBIT ATTACHED ANO MADE A PART HEREOF . C REYTENN COLORADO REGISTERED LANO VEYOR LS. 176ee FOR ANO ON BEHALF OF AZTEC CONSUi. TANTS, INC . lold.ellln "-"""* flulap Slllllen 12Tlf.03: ~ 0$,02·· MQEtC.2 A 1 T A C H M E N T 1 ' . .. . 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L-, lblllllt McLellan Pump Station Permanent EoNment ,,.;,.J .. •· • 0 •.~-\. . '·, I ·. -'32 x l i I t ' \. / ""'· / i i ; . i f I ,I t r I i i ! • • • • i I .. •· • 0 •• .... , - RESOLUTION NO._ SERIES OF 1999 <. • • • A llBSOLUTION APPBOVING AN INCBBASB IN BBNBPITS POR THE RBTIRBD / POLICE OFFICERS . WHEREAS , the Englewood City Council approved the City of Englewood'• 1999 Budget on October 19 , 1998; and WHEREAS , the Englewood Police Oflicere' Penaion Board have reviewed the benefit& for the Police Officer Retiree, and recommend& approval of a SUMI monthly i.ncre-for thoee Police Officen' who retired u of January 1, 1998; and WHEREAS , the pa188ge of thia Reeolution will i.ncreue the retired Police Oflicere peneion. t.o become effective January 1, 1999 for the retired Police Oflicere who retired prior t.o January 1, 1998; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : S@ction 1. The City Council of the City of Englewood hereby approve, the i.ncreue in benefit& for the retired Police Oflicere Effective January 1, 1999. All membere wboee payment& commenced prior t.o January l, 1998, Bhall receive an increue of $100.00 per month t.o their peneion benefit& and a S50.00 increue t.o 1urviving epowies receiving benefit& prior t.o January 1, 1998. ADOPTED AND APPROVED thia 17th day of May, 1999. Thomu J. Burna, Mayor ATTEST : Loucriehia A. ElliB , City Clerk I , Loucriehia A. ElliB , City Clerk for the City ofEnclewood, Colorado, hereby certify the above is a true copy of Reeolution No .~ Seriee of 1999. Louc:riabia A. Ellia • • 0 '32xl -• • •, • COUNCIL COMMUNICATION Date Agendaltem SUbfact Resolution to approve an increase in benefits for Police Officer retirees effective May 17, 1999 tOcl January 1, 1999 for those retired as of January 1, 1998. lnlllatad By Department of Financial Services I llall lource Frank Gryglewlcz. Director of Financial Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has met with representatives of the Police Pension Board in the pat to diecuss common concerns including benefits and funding. RECOIIIIENDED ACTION The Police Officers Pension Board approved a $100.00 per month benefit increue 9ffective January 1, 1999 to all participants retired as of January 1, 1998, and a $50.00 increw to auNlving epc,1 w receiving benefits prior to January 1, 1998. The Board requeets City Council approve a reeolutlon supporting their decision . FINANCIAL •PACT This action will not directly impact the financial condition of the City of Englewood u the Police Pension Fund is being funded on an actuarial basis. UST OF ATTACHMENTS Proposed Resolution '' • 0 • • 0 I ~I - • • • • COUNCIL COMMUNICATION - Date Agendaltem subject Office Supply Contract May 17, 1999 10c ii 1999/2000 Initiated By Department of Financial Services I Staff Source Frank Gryglewicz, Director of Financial Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council reviewed and approved the Bid Proposal and Contract for office supplies for the period from May 1996 through April 1998 with Corporate Express. The Contract with Corporate Express was extended through April 1999. RECOMMENDED ACTION Approval of the 1999/2000 Office Supply Conlract willtO• frme Exprw, BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Of the six bids solicited for office supplies, four were received. The two other vendors were purchased by one of the four respondents. Corporate Express lists 3500 items as being discounted 25% and 7600 items being discounted 46%. BT Office Supply Discounts the majority of items 25% and 2500 items discounted as much as 80% (varies by product). U .S. Office Supply discounts all items 20% and many others as being discounted 50-80"/o, however those items were not identified. Office Depot lists all items as being discounted 50% except furniture (40%) and plugables, paper items, computer equipment priced as ~market price.• The current contract with Corporate Express provides a discount of 46% from list. Under the new contract they are reducing the discount to 25% on 3500 items due to smaller margins for them . Corporate Express had the lowest cost to the City on the 35 items most frequently used without submitting a list of substituted/alternative items. I have not received any complaints on Corporate Express's Ordering Department, Customer Service, shipping, general errors or billing mistakes during the term of the last contract. Therefore I recommend we stay with Corporate Express . FINANCIAL IMPACT Annual purchases of office supplies under the blanket contract amount to approximately $50,000 per year . USTOFA1TACHMENTS Request for Bid Agreement Bid Tabulation and Exhibit "B" (evaluation/comparison) Exhibit ~· (top 35 items/comparison) .. •· • 0 -• • CflY OF ENGLEWOOD PROCUREMENT DIVISION 2800 S. PLATTE RIVER DRIVE ENGLEWOOD, COLORADO 80110 REQUEST FOR em OFFICE SUPPLIES BID REQUEST NO . 9-111 DATE: March 5, 1999 The City of Englewood will receive scaled proposals for supplying "OFFICE SUPPLIES" as per specifications no later than 11 :00 A.M . prevailing time , April 6, 1999 . Proposals will be received at the office of the Procurement Division, 2800 South Plane River Drive, Englewood, Colorado 80110 . Late proposals will ~ be accepted under any circumstance, and any proposal so received shall be returned to the proposing firm unopened. In addition, telegraphic and/or proposal sent by electronic devices arc not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their proposals either by airfreight, postal savicc, or other means . The City of Englewood is exempt tiom all federal, state, and local taxes . GENERAL CONDITIONS : Bidders arc invited to , but not required to, attend the bid opening . Price will be firm for a period of at least sixty (60) days tiom date of bid opening. BIDDERS MUST SUBMIT PROPOSALS ON AITACHED BID PROPOSAL · FORM AND SUBMIT TWO (2) COPIES FOR EVALUATION PURPOSES. Any exception to the minimum specifications, general conditions, and bid proposal shall be stated as an "exception" on the bid proposal form . Bidden are uked to mark envelope "OFFICE SUPPLIES" la lower left-bud corner. • • 0 I - • REQUEST FOR BID BID NO. 9-111 PAGE TWO • • -•• Bidders will be required to conform with the specifications. Deviations may deem the proposal unacceptable. The term of the Agreement shall be for a period of one (1) year starting May 1, 1999 through April 30, 2000, with optional one (1) year periods until terminated. Should both parties agree to extend this contract for an additional year, Vendor must submit a written proposal to the Buyer no later than March 1, 2000. The City reserves the right to accept, modify, or reject said written proposal. The City shall inform Vendor of its decision through the office of the Purchasing Division. The tenns and conditions during any renewal terms shall be the same as the terms and conditions during the original term except the prices/discounts shall be those provided in a letter outlining the Vendor's prices.ldiscounts that shall be available for the twelve (12) month period as set forth in Paragraph 2 . Consideration will be given to vendors offering firm pricing through the specified contract period with no minimum release requirements. Thirty (30) days preceding the optional extension year the City shall request the successful vendor to submit a letter to the Buyer citing firm prices that shall be applicable for the next twelve (12) month period. The City reserves the right to accept or deny any/all increase(s) that may apply. The delivery time schedule shall be one of the determining factors during the evaluation of the bid. The City is requesting delivery of items ordered within 24 hours after receipt of order &om requesting departments. Delivery time shall be based on your promised delivery date and upon receipt ofrrwerial(s) at various locations in the City of Englewood, Colorado. Failure of successful bidder to meet the promised delivery schedule, or any other discrepancies that have not been resolved within a given time period. may subject the purchase order cancellation in its entirety. Delivery of material shall be made to various locations in the City of Englewood. (See specifications EXHIBIT "A") . Vendors shall aot contact the using depanment directly concerning this bid request, all questions or concerns are to be directed to the buyer. The City estimates the total purchases to be approximately $40,000.00 over a twelve (12) month period. The dollar amount may increase/decrease according to the City's actual needs during the contract period. The City shall not be obligated for the estimated dollar amount listed on the proposal. Since the City's requirements may vary according to the actual application and/or needs, it would be impractical for the city to list all of the estimated requirements; therefore, in order to cover this area, we arc asking vendors to furnish a discount off published catalog prices. • • . .. •· • 0 , • • REQUEST FOR BID BID NO . 9-111 PAGE TiiREE ' • • - "'~ {• Attached to the proposal (EXHIBIT "C") is a listing of the commonly used office supply items by the City of Englewood. To help in the evaluation process, vendon must list actual prices the City shall pay for each item in the euct quantity listed on the bid proposal, (EXHIBIT "B"). In addition vendors MllSI Im the EXACT ITEMS SPECffiED ON THE LIST, i.e., if the City calls for Post-It brand notes, that is the brand that must be bid to enable the City to evaluate the bids equally . Substitute items will not be accepted as an equal. If an equal or generic product is bid it must be listed on a separate page and identified as an equal. After the award is made the City may choose to accept generic products; but the brand names are called out to be fair to all bidders. The City may, at it's discretion, ask for samples of any product bid to ensure that the appropriates are bid . Vendon that do aot adhere to this will be eliminated from the evaluation process. Vendon must submit with their bid, the current catalog to be used in computing discounts and completed pricing of commonly used items. NO BID SHALL BE CONSIDERED THAT DOES NOT INCLUDE A CAT ALOG(S) AND PRICE LIST. PRICES MUST BE F.O.B. Englewood, Colondo and include inside delivery at all the various locations listed. In the event the successful bidder cannot furnish materials as required, the City reserves the right to purchase immediate requirements on the open market. The successful Bidder shall, as part of the contract. be required to have an open house at the City of Englewood a minimum of once a year. As part of the open house the successful Bidder will invite several of their local manufacturers representatives to have samples of their product line and respond to various questions from the end using departments. The open house shall be scheduled within the first three months of the contract. Other governmental agencies may be extended the opportunity to purchase off this Bid with the agreement of the successful vendor and the participating Agencies . Due to all the variables in this type of bid the City of Englewood will contact the successful vendor and make them aware of the interest by another Agency. The successful vendor and the interested Agency will then be able to design this bid around their parameters, i .e., deli very locations and specialty products. GUARANTEE : All vendors shall guarantee the City of Englewood that ail products shall be furnished in accordance with the brands quoted. REJECTION : An y item which fails to meet the City's requirements as to quality of product, workmanship , measurements, or other factors, may be subject to rejection and cause for termination of contract. Prompt payment discounts allowing less than 20 days for discount to apply shall not be considered as a cost factor in the evaluation of bids. In connection with any prompt payment discount offered, time shall be computed from date of receipt of correct invoice or receipt and acccptancc of shipment. wbic:bevcr is Iara'. • • . • • , • REQUEST FOR BID BID NO. 9-111 PAGEFOUR • • • ,, - Tbe Vendor will be expected to furnish a variety of reports (see exhibit "A") to the City of Englewood on a monthly basis . The reports required are to include, but not limited to , the following: A monthly report with costs broken down by individual departments, a monthly report of all departments combined showing service level, a monthly descending usage report of the top 100 item ordered by individual departments with costs and the number of contract items versus wholesale and non-contract items, also quarterly and yearly reports of the same variety. Tbe Veadon are required to provide samples of reports similar to tbe ones requested by the City witb tbeir bid proposal Invoices must be accurate and submitted on a timely basis preferable with each delivery. Repeated receipts of incorrect invoices shall subject the Purchase Order and Contract to cancellation. A monthly statement shall be provided to accounting which shall list all invoices and charges of items delivered during the specific month. When providing a brand name or "equal" item the bidder is required to provide the brand name and part number of the item proposed and any technical data, brochures or other information available for the item with their bid, so that the City can technically evaluate the bid. These "equal" items must be bid on a separate bid sheet with the brand names bid as requested on the original bid sheet. Should a bidder find discrepancies in or omission from the bid specifications/general conditions or shall be in doubt as to their meaning, he shall notify the Buyer for clarification. If the point in question is not fully set forth, a written amendment will be mailed to all persons obtaining specifications. The City shall not be bound nor responsible for any explanations or interpretations other than those given in writing as set forth in this request for bid. No oral interpretations shall be binding on the City. THE BIDDER IS REQUIRED TO PROVIDE A STATEMENT WITH THEIR BID INDICATING THAT THE ITEMS BID ARE IN ACCORDANCE WITH fflE REQUEST FOR BID WHEN THEY ARE BIDDING TO THE EXACT REQUIREMENTS OF OUR SPECIFICATIONS. THE BIDDER IS REQUIRED TO PROVIDE A STATEMENT WITH THEIR BID INDICATING THAT THE ITEMS BID WILL BE DELIVERED IN ACCORDANCE WITH THE REQUEST FORBID. The successful Bidder shall not discriminate against any employee or applicant for employment because of r.1Ce , color, religion, sex or national origin and shall comply with the Americans with Disabilities Act. The successful Bidder shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equal during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising. layoff or termination, rates of pay or other forms or compensation, and selection for ttaining, including apprenticeship. The City of Englewood shall have the right to reject any or all bids, and to waive any informalities or irregularities therein and request new proposals when required. 1n addition, the City reserves the right to accept the proposal deemed most advantageous to the best interest of the City . -• • ... I· • - REQUEST FOR BID BID NO. 9-111 PAGEFNE '· • • • Any award made in response to this Request for Bid will be made to that respooable bidder whose offer technically will be most advantageous to the City -price, delivery, estimated cost of transportation, and other factors considered. The City of Englewood is 111 environmentally conscious City . Vendors supplying products made from recycled materials and enviromnmlally SOUDd packaging will be given preference when all ocher evaluation aiteria is deemed equal. Bidden are reqllind tu pnmde a miaianlm or dlree referac:es for liailar olllce -,ply coatnm daat daey uve prvvided for dlm1s of approumately die wne m • die City of l:apwood. nae refermces are tu be sabmitled widt die bid proposal. Bidders shall contact Don Clarke, Buyer m. Procurement Division, telephone (303) 762-2393 on any questions relating to the Request for Bid and Minimum Specifications. CITY OF ENGLEWOOD Don Clarke Buyer ID • • 0 '~~? I - • • "' - • • EXHIBIT "A" MINIMUM REQUIREMENTS/SPECIFICATIONS OFFICE SUPPLIES 1. There are two possible methods of order placement They are as follows : l) The requesting department may fax their orders to the vendor . 2) The requesting department may place their order by telephone . 2. Delivery of supplies shall be made to the following addresses: City Hall Library Police/Fire Complex Downtown Development Authority Allen Filter Plant Malley Senior Center Simon Center Miller Building Recreation Center Municipal Golf Course Scrvicenter Wastewater Treatment Plant 3400 S. Elati Street 3400 S. Elati Street 3615 S. Elati Street 3333 S. Bannock Street 1500 W. Layton Ave. 3380 S. Lincoln Street 3333 S. Lincoln Street 3600 S. Elati Street 1155 W. Oxford Ave. 2101 W. Oxford Ave. 2800 S. Platte River Dr. 2900 S. Platte River Dr. a . Delivery of supplies to these addresses shall be made to the specific department/division on the floor and room number indicated and as listed on the request for supplies. b . All deliveries are expected to be made within 24 hours after the vendor's receipt of order . 3. A monthly statement shall be provided which shall list all invoices and charges of items delivered during the specific month. 4. A monthly usage repon shall be provided by account number showing all items that were ordered and delivered, charges and invoice number. · 5. A monthly repon of product usage shall be provided in pan number sequence showing item, description, invoice number, date ordered, date shipped. 6. A monthly descending usage report of the top l 00 items ordered by individual departments with costs and the number of contract items versus wholesale and non contract items . 7. The successful vendor shall be responsible for tracking and pro"i ding a monthly report of recycled office supply products purchased by the City . 8. The successful vendor must supply catalogs to all using departments/divisions upon issuance of award. New catalogs are to be furnished as updated. (The City will notify vendor of quantity required.) \ .. • • 0 , - • • • •, - 9. The successful vendor must supply office supply requisitions with the City of Englewood name. These requisitions must be a two-part form and nwnbered. A sample of the proposed requisition must be supplied with the bid. I 0. The City intends to purchase a variety of office supplies; therefore, any contract the City enters into for office supplies should be for all office supplies sold by that vendor. Therefore the vendor shall be required to provide these items at the contract diacount price. 11. The successful vendor will be expected to altcDd and answer questions in a "kick-off" meeting manged by the City of Englewood. This meeting may be attended by all using departments and would be an introduction of the vendor's sales personnel as well as an informative meeting discussing the ordering intricacies of the successful vendor. 12. As part of the contract the successful vendor will be required to have an open house at the City of Englewood a minimmn of once a year. As part of this open house the successful vendor will invite several of their local manufacturen tepeseutativcs to have samples of their product line and respond to various questions from end using departments. The open house should be scheduled within the fust month of the contract. .. .. • • 0 , -• • • EXHIBIT "B" BID PROPOSAL OFFICE SUPPLIES The undersigned, having familiarized themselves with the requirements of Bid Request #9-11 I which is issued by the City of Englewood, Colorado, hereby propose to furnish the following to th e City of Englewood in accordance with the requirements of the said bid request CONSIDERATION WILL BE GIVEN TO VENDORS OFFERING F1RM PRICING THROUGH THE ENTIRE PERIOD OF THIS PROPOSAL. PLEASE USE THE ATTACHED LIST TO INDICATE UNIT PRICE (S) MINIMUM DISCOUNT OFFERED THE CITY FROM CATALOG PRICES: _____ % PRICES FIRM FROM. ______ __, 1999 THROUGH·-------~ 2000 DELIVERIES EXPECTED 24 HOURS AFTER RECEIPT OF ORDER, IF NOT POSSIBLE PLEASE QUOTE BEST DELIVERY AFTER RECEIPT OF ORDER: DAYS TERMS OF INVOICE: ____ -; •. ____ DAYS Price quoted is F.0.8 . delivered to various locations, as listed in specifications. Exceptions: References: .. • • 0 I • -• . • • BY : • SIGNATURE DATE NAME (please print) TITLE COMPANY ADDRESS CITY STATE ZIP TELEPHONE • • 0 , I • ,- -•. . , . • (, • EXHIBIT "C" COMMONLY USED OfflCE SUPPLIES PART# QE~~RIPTIQN UNITPRIC,E DEF77301 RACK., L TUR. MAG/SIZE, CL s EA BICREIIBK PEN ROLR, MTL FN BK s EA AMP20570 PAD, LGL RL, PERF, LTR., IY s EA BICWOQDI2 WHITE OUT 702 s EA ESS31 CARD INDEX 3XS RULED s BX FEL00012 FILE STG l5Xl02SX24 s EA IMN54290 CASSETTE, DICT, 90 MIN s EA ACC72380 CLIP , PAPER #1 s BX MMM620034X36 TAPE, MAGIC, HLND, ¥." X 36YR s RL MMM6549YW PAD , POSm, 3X3 YW s PD NAT22281 POSTERBOARD, 22" X 28 ", WE s SH PAP33311 PEN, BLLPT , STK., MED, BK s DZ PENKlOS-A PENKIOS-A PEN HYBIRD BPT BLK s EA SMD153L FOLDER 1/3 MLA LTR s BX SMDR2370C FILE PKT, LGL, 2/SR, l. 75" s EA SMDR912D FILE, EXP, DY, 3 lPKT, LGL s EA SWl35108 STAPLE, STD SIZE, SM s BX AVESC1130BK BNDR. VU, 3RG, L TR, 3", BK s EA MMMR330YW PAD, POSm, RCY, 3X3, YW s PD PIL35364 PEN ROLLER RET, FN, BE s EA AMP20-620 PAD MICRO-PERF EBSY L TR GY s EA SMD2153L FOLDER 1/3 LR L TR s BX AMP20670 PAD MICRO-PERF EBSY L TR BE s EA MMM8453 TAPE, BOOK., 3X1SYD, CL s RL PAP96301 PEN, BLPT, FLXGRP, STC , MD , BK s EA PAP95801 PEN PEN, BLPT, FLXGRP, RET, FN, BK s EA PENCSOSH LEAD REFILL HB .SMM s TB • PIL36711 PEN , BLPT, STK., MED, BE s EA SAN54001 PEN BALL PT ZE2E MED BLK s EA AMP20170 PAD LEGAL RECY 8.SXl 1 75-W s DZ ACC720SO CLIP BINDER l-l/4XS/8 MED s DZ .., AVE00166 GLUE STICK., 2602 s EA • AMP20525 PAD MICRO-PERF EBSY LTR BE s EA • • WU36844NG BNDR. 3RG, L TR, 2", GN s EA SMD73679 FILE PKT, 3.5 L TR, RD/BE s EA I -• • • AGREEMENT THIS AGREE'.',,[E'.':T entered into the day of , 1999 by and between the City of Englewood, Color:ido (hereinafter referred to as "the City'"), whose address is 3400 South Elati Street, Englewood. Colorado 80110 and (hereinafter referred to as "Vendor"'), whose address is : . WHEREAS . the City is desirous of obtaining a desk top delivery office supply stock-less system for all office suppli es to be pro\"ided to \·ari ous departments a.TJd locations and Vendor desires to pro,..ide this service. TER.\1S OF AGREEYrE'.':T I. The term of the Ag:eer:ient shall be for a period ofone (1) ye:ir s1ar..ing May I , 1999 through April 30 , :?000, ~ith optional or:e (1) year periods until terminated. Should both parties agree to extend this contract for an additional ye:ir. Vendor must submit a \\Titten proposal to the Buyer no later than '.\,{arch 1, 2000 . The City reserves the right to accept, modify, or rej ect said \\ntten proposal . Tne City shall inform \ · endor of its decision through the office of the Purchasing Di\ision. The terms and conditions during any renewal termS shall be the same as the terms and conditions during the original te::n except the prices/discounts shall be those pro\i ded in a letter outlining the Veodor·s prices/dis.::ounts that shall be aYailable for the twelve (1 2) month period as set forth in Paragraph 2 . 2 . Thirty days (30) preceding the Agreement period the City shall require the successfcl Vendor to submit a letter to the Buyer of the City of Englewood citing firm prices/discou:its Ll-iat shal l be applicable for the next twelve (12) month period. The City reserves the right to acce;:t or reject any/all iocre?Se(s) that may app l~· as set forth in Paragraph I . 3. The C ity shall be pro\ided office supplies according to the actual needs of the various C it:· Departmen·s and only upon request of that Department. 4 . Vendor shal pro\i de all bid ite::is in accordance with the specifications as fou.,d on Exhi bit ··c·. 5. 6 . Commonly used Office Supplies. Delivery time shall be based on the promised delivery date and upon receipt of material(s) at the locations in the City of Englewood, Colorado as set forth in Elthibit "A" Minimum requ irementsiSpecification. Fail~ of Vendor to meet the promised delivery schedule, or any other discrepancies that have not been resolved within a set time period, may subject the purchase order or this entire Agreement to cancellation in its entirety . Del ivery of material shall be made to the various locatio ns in the Cit)" of Englewood as found on Exhibit '·A"' Minimum Requirements/Specifications . .. • • 0 , I - - • • • • 7. The City estimates the total purchases to be approximately 540 ,000 over a t\\·eh·e mor:th period. The dollar amount may increase or decrease according to the City's acnul needs dwing the Ag-eement period . The City shall not be cbligaied for the estimated dollar amount listed on the Proposal or this Agreement , but shall only be obligated for the charges applicable to the acrual requirements and requests made from the City Departments listed on Exhibit .. A"' to the Vendor, during the period covered . 8. The Vendor must stock. as a matter ofroutine, the materials listed on the proposal a.TJd order forms as requested by the City Departments listed on Exhibit "A'. 9. In the event the Vendor cannot furnish materials, the City reserYes the right to purchase immediate requirements on the open market . 10. Tne Vendor shall guarantee the City of Englewood that all produets IO be included and related item (s) shall be furnished in accordance \,ith the brands quoted on E:<liibit ··C'. Further, Vendor unconditionally guarantees the workmanship and material in any item supp li ed. Merchandise found to be defective in either workmanship or material.; shall be rep lac ed at the full expense of the \i endor within fifteen ( 15 ) working days from the date the Vendor is no died of the defect . 11. .<l,.,.;y item w!iich fails Io meet the requirements ofme City as to qual ity ofprocuct, workmanship. measurements , or othe: factors, may be subj ect to rejections and cause for te:mir:ation of Agreement. 12 . The Vendor shall pro\·ide the City with a detailed invoice wit.lithe de!iYery a.'!d a state ment re latiYe to that in Yo ice on the tenth (10th ) day of each month. Invoices must be accunte and submined on a timely basis. The in\·oice cha:ges shall be categorized by depa.11ments . All receipts shall reflect the chargeable Depa...-:ment, quantity. ser,ices. and costs of each item. The City shal l pay for said services by the last working day of each month for the prior month's u!:disputed in\·oice . Repeated receipts of incorrect invo1ces shal i si;bj ect the . .\g:-eement to c;;..;cellat ion . 13 . As a municipality, which is on a budget, we inte:1d to make all monthly payme:m as required . In the e\·ent the City does not appropriate funds for the continuation of this agreement and it has no fonds to continue this agreement and after the City has giYen the successful bidder thirty (30) cays writt en notice of termination, this Ag:-eement shall terminate . 14 . T.rie Vendor shall gll.'.!r:mtee a 90 % delivery rate based upon items backordered and a 24 hour de !iYe:y service . This backorder 'delivery time ""ill be based upon a delivery report generated by the Vendor and reviewed monthly by a representative of the City . If the Vendor fa ils to meet this g:iaranteed service schedule during a three month time frame , the Vendor shal l issue the City a 5 percent credit , based on quarterly purchases. up to five hundred dollars ($500). This delivery guarantee is based on each individual order and not necessarily al l orders as a group . Special order items , \\ill be considered on a case by case basis . If service would continue to be a problem, based on the above criteria, the City shall have the option of canceling the entire Agreement. • . •· , - - • • , • • <. 15 . TER.v!f.',;A TIO N -Either pany may terminate this agreement by giving notice in \\-Titing by reg istered mail , return receipt requested, to the other part thi.ny (30) days prior to any such intent to cance l this Agreement. Appropriati on ofFunds : Funds have been appropriated for this project. 'Kotwithstanding anything contained in this Agreement to the contrary , in the event no funds or insufficient funds are appropriated and budgeted by the governing body or are other\\<isc unavailable by any means whatsoever in any foll owing fiscal period for which appropriations were received ""ithout penalty or expense except as to those portions of the Agreement or other amounts herein for which funds have already been appropriated or are otherwise a\"ailablc . The City shall immediately notify or its assignee of such occUITence in the event of such termination. Both parties hereto represent that they have read this Agreement, understand it, agree to be bound by all tems and cond itions stated herein and acknowledge receipt of signed, true and exact copy of the Agreement together with such documents referenced herein, shall constit'.tte the entire Agreement with respect to the subject matter herein . ~ \\ 1Th"'ESS \\ "HEREOF the parties hereto have executed this Agreeme nt the day and year first \,Tincn ab O\"e. ATIEST: Loucrishia A . Elli s, City Clerk APPROv"'ED AS TO FORM: Dani el Brotzman , City .-1..norne y ATIEST : Secretary CITY OF DaGLEWOOD Gary Scars . City Manager VENDOR Title : __________ _ . ' •. ... • • 0 • . . I ~ . I ,; ' City of Englewood Bid Tabulation Sheet Bid Opening Date: April 6, 199911:00 a.m. Bid Item: Office Supply Bid Vendor Discount off Catalog Price Terms Exception•: Corporate Expre•• 25% discount all "ES" and wholesale purchases items contained in Corp. Express Catalog . All other 13800 E 311th Ave. 211146% NET/30 items receive a 46% discount (3500 "n" In catolog, 7800 other Items received Aurora, Co. 80011 48% discount) BT O"lce Product• Items in the cost containment catolog are 3451 Fra•er Street. Suite 10 25/80% NET/30 discounted up to 80% Aurora, Co. 80011 (cost containment catolog contains 2500 Items) U. S. Office Product• Excludes electronic items, machines, toner cartriges 60 TeJon Street 20% NET/30 ·Many other items will be discounted 50%-80% Denver, Co. 80223 ("other Items are not Identified In any way) Office Depot Business machines, peripherals, plugables al 5280 Joliet Street 50% NET/10 market price . Commodity paper al market price. Denver, Co. 802311 Furniture at 40% off list. Pagel • -0 '5 • alblupplin - • • • EXHIBIT "B" BID PROPOSAL omcE SUPPLIES The undersigned , having familiarized themselves with the requirements of Bid Request #9-111 which is issued by the City of Englewood. Colorado , hereby propose to furnish the follo"'ing to the City of Engle wood in accordance with the requirements of the said bid request. CO!'"SIDERHION WILL BE GIVEN TO V[J'l,"DORS OFFE~G FIR\.f PRICING THROliGH THE [~TIRE PERIOD OF nus PROPOSAL. PLEASE USE THE A TT ACHED LIST TO ll'"DICA TE l~lT PRICE (S) .;is /..;1,e ( '. C % ir ~Ult.:M DISCOUNT OFFERED THI CITY FROM CATALOG PRICES: J;; PRICESFIR\IFROM 11'r ·. ,1999THROt.:GH JI ,....,,·,/ :==Jr I ,2000 DELI'\ "ERIES EXPECTED 24 HOt;RS AFTER RECEIPT OF ORDER, IF NOT POSSIBLE PLEASE Ql'OTE BEST DELIVERY AFTER RECEIPT OF ORDER: DAYS TER\'IS OF [~VOICE: __ rt....._ __ % _;;;,,·· DAYS Price quoted is F.O .B . deli vered to various locations , as listed in specifications. Exce ptions: i //1 References: Olr .,riau l,riL ' S.r •c,· lmr,"'it ,,; -~c ;-15'1-,i<C'l I l j :J C • . < i\ls -)hf1l u . 1)k d ,r£L T, ,-.rw.+c; <?" 1 ~1 .2--l 5i,l -""' .. • • 0 -• • t• • , . BY : I ~ J.,... 7}-,..l .(,'d uL,· SIGNATURE NA.\,1£ (please print) ,-1 i · f 'r , · : , -(· 1 , J )-i(J ; ·, ; · , , · -d-,-r7 ·+1 · . " TITIE {l · ,c -· h · F)' ) · ..-•· ./ ,-I (-t · C: -"'· ,-( _,~ COJ\.fPA .. \i-Y I /. --.c c ADDRESS CITY € 6c :')-373-~~LC TELEPHON"E STATE . , • DATE ~~(!/ ZIP • • 0 , ~• -• ·, • <. EXHIBIT "B" BID PROPOSAL OFFICE SUPPLIES The undersigned , haYing familiarized the:nselves \,i th the requirements of Bid Request =9-111 which is issued by the City of Englewood., Colorado , hereby propose to furnish the follO\\ing to the City of Eng lewood in accordance with the requirements of tile said bid request . CO'.\"SIDERA TI0'.\1 WlLL BE GIYE'.\" TO VE'.'"DORS OFFE~G FIR\I PRICI~G THROCGH THE ['.\"TIRE PERIOD OF nns PROPOSAL PLE . .\SE t;SE THE ATTACHED LIST TO t'i"DICATE C~TI PRICE (S) l\U'.\UlliM DISCOl?ff OFFERED THE CITY FROM CAT.-UOG PRICES: :?5 % i' Items in the Cost Containment Catalog ea,.• discountec up to "'80% ____ _ PRICES fIR\I FRO:\I May 1, 1999 , 1999 THROCGH_ .... a.p._r ... i .... 1_3_.0~----' :?000 DELIVERIES EXPECTED 24 HOCRS AFTER RECEIPT or ORDER, IF 1"-0T POSSIBLE PLE . .\S[ Ql.OTE BEST DELI' "ERY AFTER RECEIPT or ORDER: DAYS TER\IS OF [',.VOICE: _____ % net 30 DAYS Pric: quoted is F.O .B . delivered to va.rious locations . as listed in specifications . Ex cept io ns: Refr rences: Citv Of Fort Collins Utilities Nancy wJedemao C920l 221-62CYl Loomis Fargo NJnc;y skgda <Jc~i ezs-0126 Patton Boggs, Ltc Chris carmicha11 CJQ3} SJ0-122§ •· • 0 • • < - • • BY: .. 3/31/99 SIG!\ATGRE DATE Mike Walter NA .. \,!E (please print) Divisional Sales Manaaer TITIE BT Office Products 3451 Fraser St unit 10 ADDRESS Aurora r CO 80011 crn· STATE ZIP (303) 371-2828 TELEPHO:-."E • • • I - • • • • EXlllBIT "B" BID PROPOSAL OFFICE SUPPLIES The undersigned, having familiarized themselves with the requirements of Bid Request #9-111 which is issued by the City of Englewood. Colorado, hereby propose to furnish the following to the City of Eng lewood in accordance with the requirements of the said bid request. CO~SIDER~TIO~ Wil.L BE GIVE.~ TO VENDORS OFFERING FIR..1\1 PRICING THROUGH THI ['.\TIRE PERIOD OF nus PROPOSAL. PLEASE USE THE A TI ACHED UST TO l!'tl>ICA TE UNIT PRICE (S) *Ml'lm.TM DISCOUNT OFFERED THE CllY FROM CATALOG PRICES: -.~l A ' (' 1 I' V PRICES FIR\f FROM ...... .....;.:1..-0 '"'a..-:-~ , 1999 THROUGH :...,..·ne. ,e.ca.,.. ,2000 DELl\'ERIES EXPECTED 24 HOURS AFTER RECEIPT OF ORDER IF NOT POSSIBLE PLEASE QUOTE BEST DELJVERY _UTI:R RECEIPT OF ORDER: r-,;e,,. ~ Di...,. DAYS~ ~ ... t. .. , ~,-~,e_.-., snippc.::J dc.y c.r~e...-o...-Qe....-pla..c.eme..l"l7" TER\1S OF f.\VOICE: 0 % ~~r =>CDAYS Price quoted is F .O .B . delivered to various locations. as listed in specifications . Excep~ons: "-c n e. References: AA.A cf (c!c.-A4c, r,.,c..·l}k F,:e,d/\lu.~c. 3c'3 75,:3,S7rqcc5fc<,4 · "/!;OQE.Ar/r.o..riso.s ' ' ' 1 enV"~r-. C.01ro;i..:i.;; Oe.!·h ... f'1urta,' Piao d: l!.:-1:..-;.d,.., Q1c: A,,+,,· be lo-a· 3c3,B89 I'-@· P.o. 8;,c ~ ' 1 O&nve.r, ib;;.17 Bre..c.G--"" LrkioT"''"s,P.C. · /71,-_ DcvleC.p.r,-j3'+§ 3c§.if,f«.9c+oe /7¢Q l,i~Jn 21:, ...1 De.nYLr-, O fso.Zo.;z. 'l".c ..• I I ' ..L. • ·+ h ' ' " t • da!_s -:..A'-':....Cie!, e.te~n·ori:c.. 1 f.MS l'Y'IO..C. ,n~~.•Qr"IC.1"' .._o.,,-'"'-r * 4 : ~ , ' r,,-C7 • . .. •· • 0 • ·. . ' - • . . - - BY: / j • y· [L: /'/ a. '-~ .. DATE NA.ME (please print) COMPANY ADDRESS., C e..n v·e.r ~clcro.dc STATE ZIP TELEPH01'.1E • • • 0 • '~2xl - • • • • • • EXHIBIT"B" BID PROPOSAL omcE SUPPLIES The undersigned, having familiarized themselves with the requirements of Bid Request #9-111 which is issued by the City of Englewood, Colorado, hereby propose to furnish the follov,ing to the City of Englewood in accordance \1/ith the requirements of the said bid request. COl'\SIDERATION WILL BE GIVEN TO VENDORS OFFERING FIRM PRICING THROUGH THI ENTIRE PERIOD OF nns PROPOSAL. PLEASE USE THE ATTACHED LIST TO INDICATE Ul\lT PRICE (S) MThlMUM DISCOUNT OFFERED THE CITY FROM CATALOG PRICES: .> ('/. 0 •1. PRicEs FIR\1 FROM s-1-ry , 1,99 nmouGH Lf -.30 -2.000 • 2000 DELIVERIES EXPECTED 24 HOURS AFTER RECEIPT OF ORDER, IF NOT POSSIBLE PLEASE QUOTE BEST DELIVERY AFTER RECEIPT OF ORDER: A'/4 DAYS TER\1SOFIJ\VOICE: /Y,e,+ •1. /0 DAYS Price quoted is F.O.B . delivered to various locati1:>ns, as listed in specifications . Exceptio ns : 6cp.: .. ,u M ,A,>.,,n7 P,.,1,4,.,.~ Pc~. 4Lrs ~ ti-led-P..>u s References: '4,--.... , .. .,f ..... . -.. ,1,,, · .. • •· • 0 '32 x l - - .. \ .. • • • ,, BY : SIGNATURE Ale~ I L. S~ ''""' A k/s ,. NA.\1E (please print) • TinE COMPA.'NY ADDRESS CITY TELEPHONE co STATE Jo.) -S76 -/o ,:,o .. - .. DATE ZIP • • • 0 , ' . ' ~ • • I .I I • PART# Uff77301 131CRE118K IIMP20570 IJICW00012 ESS3 1 FEL00012 IMN54290 IICC72380 MMM620034X36 MMM6549YW NIIT2228t PAP3331 t PENK105-II SM0153L SMOR2370C SMOR9t20 SWl35108 IIVESC11300K MMMR330YW PIL35364 IIMP20-620 SMD2153L I\MP20670 MMM8453 PIIP9630t PIIP95801 PENC50511 PIL367t t SAN54001 IIMP20170 IICC72050 IIVE00166 IIMP20525 WlJ36844N G SM073679 . ~ EXHIBIT "C" Commonly used office products DESCRIPTION RIICK , LlUR. MAG/SIZE. CL PEN ROLR. MTL FN BK PIIO. LGL RL , PERF. LTR , IY WIIIIE OUT 70Z CIIRO INDEX 3X5 HULEO FILE STG 15X 10 25X24 CASSETIE . OICT . 90 MIN CUP. PAPER It lAPE. MAGIC, IILNO. y.· X 36YR PAO. POSTIT. 3X3 YW POSTEROOARO. 22· X 28 ". WE PEN , OLLPT . STK. MEO, OK PENK105-A PEN ltYOIRO OPT OLK FOLDER 113 MLA L TR FILE PKT, LGL , 2/SR, 1 75· FILE . EXP , DY, 3tPKT. LGL STAPLE . STD SIZE , 5M ONOR, VU . 3RG. LTR . 3". OK P/\0, POSTIT. RCY , 3X3 , YW PEN ROLLER RET , FN. OE PAO MICRO-PERF EBSY L TR GY FOLDER 1/JLR L TR PIID MICRO-PERF EBSY L m BE TAPE .BOOK.3X15YD,CL PEN ,BLPT,FLXGRP,STC .MO.BK PEN PEN . BLPT. RXGRP . RET . FN . OK LEIIO REFILL 118 .SMM PEN .BLPT,STK,MED,BE PEN BALL PT ZEZE MEO BLK PAO LEGAL RECY 8 5X t 1 75-W CLIP IJINOER 1-1/4X5/8 MED GLUE SllCK. 260Z PAO MICRO-PERF EBSY LTR BE BNOR . 3RG, L TR . 2". GN FILE PKT . 3 5 L TR . ROIBE TOTALS ABOVE PRICES REFLECT EQUAL SUB ITEM PRICE US OFFICE PRODUCTS I siiEI uii,r PRICE 1:11 $ Ell $ Ell $ Ell $ ux $ Ell s EA s RX $ RI. s PO s SIi s oz s El\ s nx s El\ s EA s OX s El\ s PD s Ell s El\ s ux s El\ s RL s EA s EA s Ill s El\ s EA s DZ s DZ s Fl\ s El\ s El\ s El\ s $ 1860 0 24 18 !ii 0 .44 0 28 8131 1 81 006 0 29 013 2301 053 050 4 17 1 32 13 79 0 24 2 69 0 J5 092 1000 7 74 10 59 6 47 0 32 040 0 20 0 29 044 7 76 0 46 0 29 t 6 1 304 t 33 CORPORATE OFFICE DEPOT EXPRESS IUNITPRiCE jUN/TPHICE s 7 13 s s 040 $ $ 0 75 s s 0 73 s s 0 33 s s 2 35 s s 1 00 s s 01!") s $ 06!1 s s 0 33 s s 0 52 s s 0 92 s s 0 56 s s 3 59 $ s t 34 s s 8 94 s s 045 s $ 3 39 s s 063 s s 088 s s 0 75 s s 6 31 s s O 75 s s 4 38 s s 0 58 s s 0 76 s s 0 39 s s 0 51 s s 060 s s 4 92 s s 0 41 s s 0 37 s s 0 79 s s 2 14 s s I 69 s . 640 020 0 44 0 38 0 17 2 53 046 005 0 35 0 13 0 24 0 53 0 30 2 34 0.57 4 82 024 t 85 0 35 0 52 0 44 369 044 4 25 0 32 0 40 020 0 28 0 34 3 35 0 28 0 17 082 t 07 0 68 • ) • • BT OFFICE SUPPLY jUNIT PRICE s $ s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s C s 225.63 $ 61 .03 S 39.60 $ r • • 0 / -X N M ' 1095 0 20 0 50 025 0 .15 2 .49 089 0 .05 I 0 39 013 0 .31 049 0 29 2 99 085 5 79 • 0 .20 2 99 0 39 0 79 0 50 4 99 0 50 3 29 032 0 37 017 0 29 0 43 4 99 .) 0 29 0 15 0 71 1 39 0 75 50.11 • ~ • "'~ . -• • • I • • - EXHIBIT "C" COi.VLVIONL Y USED OFFICE SUPPLIES PART # DESCRIPTION L""NIT PRI~E DEF7730t R..\CK . L TUR. i.\L.\G/SIZE , CL s 10.95 E.-.\ BICRE l lBK PE:si ROLR, ~ITT FN BK 5 -25 EA A.\!P20570 PAD , LGL RL , PERF , L TR. IY 5 .71 EA BICWOQDI2 \\ 1tITE O{JT 702 5 .45 EA ESS3 1 CARD INDEX 3:X5 RULED $ 1.50 BX/lO plcs FEL OOOl2 FILE STG t5Xl0 25X24 5 3.29 EA I:-.C-.5-f~90 CASSETTE , DICT , 90 :\-'£IN s .89 EA ACC72380 CLIP , P . .\PER #I 5 .05 BX M},CvI620034X36 T . .\PE. LVL.\GIC, HI.:-..TI , Y."' X 36YR. 5 .39 RL M:-.CvI65~9YW PAD , POSTIT , 3X] YW 5 .13 PD ~AT2228 1 POSTERBO . .\R.D . ::" X 28 .. , WE s .3 1 SH P . .\P3'.:31 l PE\'.. BLLPT. STK . \'1ED. BK s .49 DZ PE~"KI05 -. ..l.. PE'\1'.10 5-. .\ PE>-" EYB!RD BPT BLK s .29 E.-.\ S:vID 153L FOLDER L3 :'v[Ll. L TR s 3.49 BX S~IDR23 70C FILE PKT. LGL , :. 5R. 1.75 ·• s .85 E.-.\ S:'vIDR912 D F!l.E. EXP . DY . 3 !PKT, LGL s 5.99 E . .\ S\\.1.35108 ST . .\PLE , STD SIZE. 5M s .20 BX . .\ VESC 1 !30BK B~DR. V13, 3RG , L TR, 3 .. , BK s 3.19 E.-1.. i.\CvCvfR330Y\\' P.-.\D. POSTIT. RCY . 3X3 , nv s .39 PD P!L3536~ PE>-" ROLLER RET. f:-;°. BE s .79 E.-.\ . .\..\IP:0-6:0 P.-.\D \ITCRO-PERF EBSY L TR GY 5 .71 E.-.\ S:'v!D:t53L FOLDER 1 3 LR L TR s 5 • .d;; BX . .\..\!P:0670 P . ..l..D \ITCRO-PEKE EBSY L TR BE 5 .7 1 E.-.\ \.Cvl\[8.!53 T . .\PE . B001'.. 3X i 5'tTI , CL 5 3.29 RL P.-.\.°96301 PE);. BLPT , FLXGRP , STC , \.ID . BK 5 .J, EA P . .\P 95S OI PE:',; P2'-. BLPT . FLXGRP. RET , 8':, BK 5 .32 E.-.\ PE:"C505rt LE.-.\D REFILL HB .5M1-1 s .17 TB P!L3671 l PE ;-., BLPT , SIT. MED , BE s .2~ E.-.\ S . .\..'\5.!001 PE-:-,.; BALL PT ZEZE :vlED BLK s .43 E.-.\ . .\..\IP:0170 P.-.\D LEGAL RECY S.5Xl 1 75 -W 5 5.95 DZ ACCi:050 CLIP B0DER 1-1 .!X:5 .'8 :'v!ED 5 .38 DZ .-\.VE 00166 GLCE STICK 2602 s •l2 EA . .\..\CP:0525 P.-.\D \.UCRO-PERF ESSY L TR BE s .71 E.-.\ \\ 1.1;68-P~G B'\TIR. 3RG , L TR, 2'", G\'. 5 J.:39 EA S\ID736 79 FILE PKT, 3.5 L TR , RD iBE $ .75 EA .. • • • 0 • '32 x l -• • • BT Office Products Alternate Product List for City of Englewood Original Product Number• Alternate Product Number' DescrtDtlon I I BIC90202 ,FA860143 I PEN,BALL.UNl ,XF,MTL PT.BL AMP20570 IBTM00629 I PAO.LGLRL0.8.5X11 .75.IVY e1cwoao,2 !PAP28411 I FLUIO ,CORRECTION,WE .680Z FEL00012 IBTM00020 I FILE STORAGE 15X10.2SX24L SM0153l IOXF72320 I FOLOEA,LTR,SGL 11PT, 1/3,M SMOA2190 IOXF23138 I FlLE.EXP,LGL 1-31,RECY.OP AVESC1130SK ISTM00081 I BINOER VUE 3• BLACK AMP20620 IBTM00628 I PAO ,LGLRL0.8.SX11 .75 .GRY SM02153L IOXF82320 !FOLOEA.LTA,OBL 11PT, 1/3.M AMP20670 .BTM00627 IPAO,LGLRL0.8.SX11 .75,BLU AMP20170 IPNT20061 IPAO PEAF 8.SX11 .75 AECYWH ACC720SO 1BTM00252 !CLIPS BINDER MEDIUM .75" .. 'UM 1Price I I 1EA I 0 .20 I EA I 0 .50 I EA I 0.25 !EA I 2.49 lex I 2.99 I EA I 5.79 I EA ! 2.99 I EA I 0.50 'BX I 4.99 .. !EA I 0.50 ·oz I 4.99 ,DZ : 0.29 \ • • 0 I X - • • • • EXHIBIT "C" COi\'L"\IONL Y USED OFFICE SUPPLIES PART# DEF 77 30 1 BICRE I IBK A\[P'.:.05 70 B!CWOQDI2 ESS 31 FEL 000 12 E'vN5-4290 ACC 72 38 0 MM\!62 003-4X36 MY!Yl654 9Y\V . 'AT2'.:.281 PAP 333 I I PE~l(l 05 -. .\ S\!D l 53L S\!DIC 370C S\rDR912 D S\\135 10 8 A VES C 11 30 8K i\l\1\fR33 0 YW PIU 5364 A .. \!P'.:.0-6:0 S~ID:153L A..\!P '.:.06i0 \f\l\18453 PA.P 963 01 P . .\P95801 PE~C505H P!L36 11 SA'.',i5-4 00 l A\IP'.:.0 170 ACC7'.!050 AVE00 l66 A\!P :os:s \\ 1.1 368 -4-4 '.'iG S\!0736 9 DESCRIPTION R...\CK . L TUR. MAG /SlZE , CL PE;-./ ROLR , MTL FN BK PAD , LGL RL. PERF , L TR . lY \VHlTE Ol.iT 70Z CARD INDEX 3X5 RULED FILE STG l 5X l O 25X24 CASSETTE. DICT. 90 Mf.\j CUP, P . .\PER #1 TAPE , l\,L.\G!C , HL ND, l/.'' X 36YR P . .\D, POSTIT , 3X3 YW POSTERBOARD . 22" X 28 ... \VE PE~. BLLPT . STK . \.!ED . 81': PE~Kl 05-. .\ PE>i HYBIRD BPT BLK FOLDER l 3 \IL.\ L TR FILE PKT . LGL 2. SR.. 1. 5" FILE . EXP. DY. 3 1 PKT , LGL STAPLE . STD SIZE. 5M B'.'iDR. VU, 3RG. L TR . 3". BK PAD. POSTIT , RCY . 3X3 . YW PE)i ROLLER RET , FN , BE PAD \l!CRO-PERF EBSY L TR GY FOLDER !.'3 LR L TR P . .\D \IICRO-PERF ESSY L TR BE T..\PE . BOOK . 3Xl5YD. CL pp,;_ BLP T. FLXGRP . STC. \ID, BK PE~ PE'.'i. BLPT . FLXGRP . RET , FN . BK LEAD REFILL HB .5'.'vl\.l PE '.'i. BLPT. STK. 1\-lED . BE PE~ 8 .-\LL PT ZEZE Y1ED BLK P . .\D LEG . .\L RE CY 8.5Xl I 75-W CUP Bl);'"DER l-l '-4 X5 ,8 MED GL L'"E STIC K. 260Z P . .\D \IIC RO-PERF ESSY L TR BE B:-.:DR . 3R G. L TR. 2", GN FILE PKT. 3.5 L TR , RD/BE f il L 'I T7,'~/ ';' j2 / :, I -l ·1) -o '"" -fy u L .... i LL l:J c ;~L /\,'cl'-t: Lc.·,Tr Tttt::· I.Ec.1 :.c -':: ,-=-c.-~ /.;16 . UNIT PRICE S ( . ..:.,,-EA S . ,P.C EA S . -1 ...J EA S . "'i .i EA S i7 BX S ;·. ~; EA S . .,:.f.... EA S (5 BX S 35 Rl. s I :, PD S . ;~ SH S "·" DZ S -;C EA S /~..1 BX S ~; i EA S ,: ~--E . .\ S ;£-' BX S : '5 E . .\ S .. :.::=-· PD S :. .. ,.. EA S -. J EA S _;; 1.:. BX S ~: ..L E . .\ s ..J. _;,; Rl. S -..· _-;, EA S ..,_t..' EA S . t:( TB S ). ·, EA S :.,,+ EA S .;,. :35 DZ S 13 DZ S '7 EA s . 'Ll. E . .\ S I C 7 EA S J., EA 'T1 1r; 1 n:-ni 5 f ;ll) /f-1;,.: ~'€ /~A£ /A.' i }c~c6 A2..:>r),';C ~ iL' 1 1 H Tt·,-=--Ek +e:. T ,::_E e; u £ E ll( E-.Z ·7 .-.:, c F '/c o,2, s ,y·e: 1 Ft C.ATt c t-:is . c:::;;',,,e~.,:;:,~ 4~_s • .. I· • 0 • ,,. - -•. 0 •, • '· - EXHIBIT "C" COMMON!. y USED omcE SUPPLIES PART# DESCRIPTIO~ UNIT PRICE Sec. A-{-4,c,,.., + ~ - DEF 77301 RACK , L TUR, M.\G/SlZE. CL $ 7, '?J EA "' BICRE II BK PE N ROLR, MTL FN BK s c:>1~0 EA A.\1P205 70 PAD , LGL RL , PERF , L TR. IY s "· 7S' EA BICWOQD12 WHITE OUT 702 $ 0,,1 EA ESS31 CARD INDEX 3X5 RULED s 0 ,l} BX FEL0 0012 FILE STG 15XJO ::5X24 s !:l.1-1S' EA *' .. IM~54290 CASSETTE , DICT , 90 Ml>i $ '1'i> EA WZ. ACC7::380 CLIP , PAPER #1 $ O,Z.1 BX w) M\IM620034X36 TAPE. MAGIC , HL ND, '/..' X 36YR s o,E>~ RL MMM6549YW PAD, POSTIT , 3X3 YW s 0,3:3 PD r-:AT:22281 POSTERBOARD , 22" X 28'·, WE s o,Sz. SH -kY P . .\P333 J l PE;,.;, BLLPT. STK. MED , B~ s o,~2. DZ PE'.'<1C J05 -A PE:S;1C J05-A PEN HYBIRD BPT BLK s (') • .s{:, EA S\-ID 153L FOLDER 1/3 MLA L TR $ 4,0~ BX 'ilS" SMDR::370C FILE PKT, LGL. 2/5 R, us·· s l.J~ EA S\-IDR912D FILE . EXP , DY , 3 IPKT , LGL s 8.~~ EA S\\1135108 STAPLE , STD SIZE. SM s 0,1.f.5 BX A VESC J J 30BK BNDR, VU, 3RG , L TR, 3", BK s ~.ClJ EA*'' l\,L\.IMR3 30YW PAD, Posm, RCY, 3X3, Y\V s "·'~ PD PIL.35364 PE~ ROLLER RET , FN , BE s Q,li EA A.MP:20-620 PAD MICRO-PERF EBSY L TR GY $ o.,s EA SMD::J53L FOLDER 1/3 LR L TR s 6.Jl BX A.\1P::0670 PAD l.\,llCRO-PERF ESSY L TR BE s Oi"?S' EA W...Lv!8453 TAPE, BOOK , 3X15YD, CL s ~.u: RL PAP96301 PEN, BLPT, FLXGRP, STC, MD, BK s e;,SB EA PAP95801 PEN PEN, BLPT , FLXGRP. RET, FN, BK s O,J2 EA PENC5 05H LEAD REFILL HB .5M),l $ t:). "JR TB .PIL36 71 l PE;,.;, BLPT , STK , MED, BE $ o.s, EA SA."I54001 PEN BALL PT ZEZE !\,{ED BLK $ c.~o EA A.vlP::OJ 70 PAD LEGAL RECY 8.5Xl l 75-W s ~fL DZ*'l ACC72050 CLIP BINDER 1-1/4X5 /8 l.\,!ED $ 0 1S,;, DZ AVE00!66 GLUE STICK, 2602 $ 01J1 EA A.'vlP:::05:::5 PAD l\,llCRO-PERf EBSY L TR BE s l., 't.8. EA•I \VLJ36844NG BNDR, 3RG, L TR, 2", GN $ Z,l':f.. EA SYID 73679 FILE PKT , 3.5 L TR, RD/BE $ l.d,."i. EA J • • • 0 are-~ • •• 1 32xl • • ' -• , . • .. . ,, '· • Exhibit "C" Alternatives •1 File storage box #808-329 $ 2.35 /each •2 Cassette, dict,90min #569-509 5pk($5.00) $ l.00/each •3 Paper clip, # l #429-266 $ 0.15/box .. •4 Posterboard sold only as carton of 50 $ 26.25/ctn •5 Folder, manila, l/3, ltr, #810-838 $ 3.59/box *6 Binder, veiw, r, #494-146 $ 3.39/each •7 Legal pads sold as each #941-:94 $ 0.41/each *8 Micro perf pad #941-211 $ 0 .79/each • • 0 • - • t• • . . EXHIBIT "C" COMMONLY USED OFFICE SUPPLIIS PART# DESCRIPTION l"NJT PRICE DEF 7730! RACK . L TUR. !.'vLA..G/SlZE , CL s /5_. /..;( EA BI CREII BK PEN ROLR, MTL FN BK s 'l L.! . ~' EA A.\[P.20570 PAD . LGL Rl.. PERF , L TR. IY s I 7;·. 5. I EA BICWOQD12 \\-BITE OlJf 702 s I '-i ~ EA ESS3 ! CARD ~"DEX 3X5 RULED s . ~~ BX FEL 000!.2 FILE STG 15Xl0 25X24 s SJ .. 3 1 EA I~54290 CASSETTE. DICT , 90 J.\,ID; s j • 'S i EA ACC72380 CLIP , PA.PER #1 s . C(,c BX MMM620034X36 TA.PE . HA..GIC, HI..ND , 31. .. X 36YR s , ~:7 RL MM\-l6549YW PAD , POSTIT , 3X3 YVi s I~ PD i'iA. T2228 l POSTERBOARD , 22'' X 28", WE s 1-~. CI SH P.-V'3331 l PE~. BLLPT . STK . MED , BK s . c; ~ DZ PE::-JK !05 -A PE:S.'K 105-. .\ PE~ HYBIRD BPT BLK s ,:-" EA . S;\fD !53L FOLDER 1/3 MLA L TR s L . !/ BX S:VIDR.:3 70C FILE PKT , LGL. 2:5R. 1.75 " s I .;,:;_ EA SMDR91 2D FILE. EXP. DY . 31 PKT. LGL 5 , 3. 7:: EA S\\'135108 STAPLE. STD SIZE. SM s • .].'-2.. BX ':": . .\ VESC 11308K 80-TIR. v1;, 3RG. L TR. 3"', BK 5 1-r-,. : :,j I.a' E . .\ ;+ l\,L\l:'-!R.330YW PAD . POSTIT. RCY. 3X3. Y\'V s ,32 PD PIL353 64 PE'S ROLLER RET. FN , BE s .:..j.EA A\IP2 0-620 PAD '.'vCTCRO-PERF ESSY L TR GY s I :::. ])EA S:VID2 ! 53L FOLDER 1/3 LR L TR 5 7 . .::.-BX A.\!P.2 0670 PAD :VfJCRO-PERF ESSY L TR BE s : -,, :qEA \1\(\(8453 T.-V'E . BOOK. 3Xl5't'TI. CL s ' .. '--:-'Rl. P.-V'96301 PE~. BLPT , FLXGR.P. STC. \ID . BK s , _3;,,EA P . .\P958 01 PE:-; PE~. BLPT. FLXGR.P . RET . ~. BK s , C.-: EA PE>iC5 05H LEAD REFILL HB .5;\,L\! s . ;:: TB PIL3 6il I PE~. BLPT. STK. MED. BE 5 • ;_:;EA S . .\.\i54 001 PE~ B . .\LL PT ZEZE MED BLK s • t.;'-(E . .\ A.\IP20l 70 PAD LEG . .\L RECY 8.5Xl I 75-W s 7 . 7 t. DZ • ACC72050 CLIP BC'-TIER l-l /4X5 /8 '.'v!ED s • '-:-:_,DZ AVE00166 GLCE STICK. 2602 s . ;-E . .\ A.'v[P2 0525 P . .\D '.'vlICRO-PERF ESSY L TR BE s i ,·'_f EA \\ 1.J368-1-4NG BNDR. 3RG , L TR. 2", GI\ s :., • I !.l EA Sl'v!D73679 FILE PKT . 3.5 L TR. RD/BE s /. 3;, EA • .:J.. ,. ,A,V E·S c_ I / 3 0 B ."( i' 5 n v+-c,v_ .... i / ::-...b /1:-j Ll.NV ..1. c 7 5 ! ,·s rec.crr.rli c..ride.d e1,u.."1 va...l~n+ ·,T::.rn. • • . . .. •. • • 0 '32xl - • • • ·, • ~ tl e3 .-.5 i rnp ,<i s s <NSi mpki ss@ OtficeiJepot.com > o n o,:i1 9/99 1 1 :11 :.1() AM ~-=:::;;;;,...~-=-=~;' To : Don Clarke /City of Englewood@COE cc: SubJect OFFICE SUPPLY BIDS FROM OUR CONVERSATION THIS MORNING THERE SEEMS TO BE SOME DISPARITY IN THE MATERIALS USED FOR YOUR ANALYSIS . I BELIEVE THAT YOU ARE NOT GETIING A TRUE PICTURE OF OFFICE DEPOT AND HOW WE COMPARE TO THE OTHER SUPPLIERS IN COLORADO. A COUPLE OF POINTS OF CLARIFICATION FOR YOUR ANALYSIS . THE CATALOG WE PROVIDED IS OUR NATIONAL IN STOCK OFFERING YOU STATED THAT WE DID NOT HAVE AS MANY ITEMS AS THE COMPETITION WHICH IS NOT THE REALITY OF STOCK LEVELS . MY COMPETITORS HAVE PROVIDED YOU WITH THE LARGER WHOLESALER CATALOGS . WE HAVE THESE SAME CATALOGS WITH OFFICE DEPOT COVERS ON THEM . SINCE WHOLESALER ITEMS HAVE MORE MIDDLEMEN IN THE EQUATION THEY END UP COSTING THE CITY MORE THAN THEY WOULD IF BOUGHT DIRECT THE REAL QUESTIONS FOR EVALUATION ARE HOW MANY ITEMS ARE BOUGHT DIRECTLY FROM THE MANUFACTURER VERSES THE WHOLESALER. HOW MANY ITEMS ARE STOCKED HERE IN THE LOCAL WAREHOUSE , AND WHAT IS THE AVERAGE LINE FILL RATE FOR CUSTOMERS . OFFICE DEPOT BSD STOCKS MORE THAN 16 ,000 ITEMS . ALL PURCHASED DIRECTLY FROM THE MANUFACTURERS . WE USE THE WHOLESALERS FOR ABOUT 3-4% OF OUR CUSTOMERS REQUESTS AND OUR LINE FILL RATE IS MORE THAN 99%. OFFICE DEPOT LEADS OUR INDUSTRY IN THESE IMPORTANT CATAGORIES. AS THE LARGEST SUPPLIER AND BUYER OF OFFICE PRODUCTS WORLDWIDE ANO HERE IN COLORADO . WE HAVE THE BEST VALUE TO OFFER OUR CUSTOMERS . PLEASE COMPARE US TO THE OTHER BIDDERS ON A LEVEL PLAYING FIELD . THANKS AGAIN FOR YOUR TIME . NEA L PS LET ME KNOW IF YOU WANT THE WHOLESALER 'S REFERENCE CATALOG WITH OUR COVER •• . , ., •· • 0 , - • • • • • COUNCIL COMMUNICATION Date Agenda Item Subject Award contract for Clayton May 17, 1999 10ciii Athlelic Fteld Construction Initiated By Staff Source Department of Parks and Recreation Jerrell Black, Parks and Recreation Director Gary Hultberg, Recreation Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved Ordinance #36, series 1998, creating an Intergovernmental Agreement between the City of Englewood and Englewood Public Schools pertaining to the development of athletic fields located at Clayton Elementary School. Council approved Ordinance #7, series 1999, authorizing an Intergovernmental Grant Agreement between the City of Englewood and the State Board of the Great Outdoors Colorado Trust Fund pertaining to the development of athletic fields located at Clayton School. RECOMMENDED ACTION Staff recommends that Council a.ad by motion, a conlnlct In the amount of $71,250 to AMT Sports Turf Contractors, the low bidder. Staff has reviewed the qualifications and experience of AMT and has found no reason to object to awarding them this contract. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Parks and Recreation staff developed a Clayton Athletic Field Steering Committee comprised of many community leaders representing the City, School District, PTA, and Youth Sport Associations . The Committee raised funds and successfully applied to GOCO for a grant. FINANCIAL IMPACT AMT bid is $71 ,250. Council has previously approved the budgeted amount of $25,000 from Conservation Trust Funds. The remainder will be expended from a special division within the Park & Recreation Trust Fund called the Clayton Athletic Field . Revenues in this fund include; $6 ,792 in partner funds (fundraising $) and $53,094 in GOCO grant funds . UST OF ATTACHMENTS Bid proposal tabulation Construction contract form ...... .. .: •· • 0 , - • • t . ' - CLAYTON ELEMENTARY SCHOOL MUL Tl-USE SPORTS RELD PROJECT BID PROPOSAL TABULATION APRIL 29, 1999 Bidder / Plan Holder au.Bid Bond Addendum Remarks Engineer's Estimate $96 ,700 .00 1 LIGHTNING VENTURES 2 ARROW J . LANDSCAPE $108,649.00 y y 3 PEAK LANDSCAPE 4 CUSTOM LANDSCAPES $76 ,877.00 y y 5 R. B . I. $94,574 .00 y y 6 WESTERN STATES RECLAMATION $95,120.00 y y 7 G .J .'S GENERAL CONTRACTORS $111 ,000.00 y y 8 RMT SPORTS TURF CONTRACTORS $71 ,250.00 y y 9 LOW BIDDER: RMT SPORTS TURF CONTRACTORS $71,250.00 "' • • 0 , x i -• • • (. CONT RACT CITY OF ENGLE WO OD, COLORADO THIS CONTRACT and agree ment, made and entered into th i s __ _.1'"'7...,t,.h._ ___ d.a y o f ____ N...,a~v------~· l9L9i9 __ _ b y and between the Ci ty of Eng l e wood, a mu n ici pa l corporat i on of the State of Colorado hereinafter referred to as the "Ci t y", party of the f i rst part, and BJIT Sport• Turf contractor•, LLc .. he r e i nafter referred to as the "Contractor", party of the second part . WITNESSETH , c o mmencing on the ~day of April , 191.9., and cont i nu i ng for a t l eas t ten (10 ) da y s thereafter the City advertised that sealed proposa l s woul d be rece ived for furnishing all labor, tools , supp l ies , equipment , materi a l s and e v ery thing necessary and required for the fol l owing : PROJECT : CLAYTON ILINIIJTARX SCBOQL IIQLTI·VSI SPORTS PIILD PRQJICT 1999 WHEREAS, proposals pursuant to said advertisement have been received by the Ma y or and City Council and have been certified by the Director of Parks and Rec r eat i on to the Mayor and Ci ty Counc i l wi th a recommendat i on that a contract for sa i d work be awarded to the above named Contractor who was the lowest re liab l e and responsible b i dder therefore, and WHEREAS , pursuant to said reconwnendation the Contract has been awarded to the abov e named Contractor by the Mayor and City Counci l and said Contractor i s now willing and ab l e to perform all of said work in accordance wi th sa i d adv e r t i sement and h i s proposal . NOW THE REFORE , in cons i de r at i on of the compensat i on to be pa i d the Cont r a ct, the mutual ag ree me nts he rei nafte r contained are sub j ec t the terms hereinafter stated : A . Concracc Documencs : It i s agreed b y the parti es he r e to t h at t he following li st of instruments , drawi ngs and doc u ments wh i c h are attached h e r eto , bou nd herewi th or ·20- . ' .. • • • 0 I • • • • i n corporated herein by reference constitute and sha ll be referred to either as the Contract Documents or the Contract and al l of said instruments, draw i ngs, and documents ta k en toge ther as a who l e constitute th e Contract between the parties hereto and they are as fully a part of this agreement as if they were set out v erbat i m and in full herein: Adverti sement of No t i ce f or Proposa ls Proposal Contract (thi s i nstrument ) Performance Payment Ma i ntenance Bond Receipt, Re l ease, Waiver of Claims Special Provisions General Conditions Detailed Specifications P l ans and Drawings B . Scope o f Work : The Contractor agrees to and shall fu r nish al l labor, tools, supplies , equipment, materials and everything necessary for and requ ired to do, perform and complete all the work described, drawn , set f orth, shown and included in said Contract Documents . C. Terms of Performance : The Contractor agrees to undertake the perf ormance of the work under this Contract within ten (10 ) days from being not i fied to commence work by the Director of Parks and Recreation and agrees to ful ly complete said work within sixty (60) Consecutive calendar da ys as deta iled in Section 2, Special Provis ions, plus such extens i on or extensions of time as may be granted by the Director of Parks and Recreat ion in accordance with the prov ision s of the General Conditions . The Contractor sha ll pay the City, as and for the liquidated damages , and not as a pena lty, the amount of three hundred dollars ($300 .00 ) for each and e very da y the Contractor shal l be in default of comp letion beyo nd the t i me limit specified above , or such extens i on or extensions thereof as the Ci ty may authorize in accordance with the prov ision s of this contract . D. Terms of Payment : The City agrees t o pay the Contractor for the performance of all the work required under t his contra ct, and the Contractor agrees to accept as his ful l and only compensation therefore, such sum or sums of money as may be proper in a cco rdance with the pr ice or pr ices set forth in the Cont r actor's P roposal hereto attached and made a part hereof , the tota l est i mated cost thereof being seventy one thouaand two hundrtd fifty and no c1nt1 ($ 11.2so.oo ). E . App ro pr iation of Funds : At present, S 71,250 has been appropriated for the p rojec t . Notwi thstanding anything contained in thi s Agreement to the contrary, in the event no funds or insufficient funds are appropriated and budgeted by the governing body or are otherwise unava ilable b y any means whatsoever in any following fiscal period for which app ropriations were r e c eived without penalty or expense except as to those portions o f the Agreement or other amounts herein for which funds have already been appropri ated or are otherwise ava i lable . -21- •• • . • • • - • • • • • • i. The City shall immediately notify RIIT Sport• Turt Contractors, Inc... or its assignee of such occurrence in the event of such termination. F . Contract Binding: It is agreed that this Contract shall be binding on and inure to the benefit of the parties hereto , their heirs, executors, administrators , assigns, and successors . IN WITNESS WHEREOF, the parties have caused these presents to be signed personally or by their duly authorized officers or agents and their seals affixed and duly attested the day and year first above written. This Contract is executed in._~4._~_counterparts. CITY OF ENGLEWOOD Mayor Party of the First Part ATTEST : City Clerk Contractor Approved as to form: by ____________ _ Party of the Second Part City Attorney ATTEST : Secretary {Contractor) -22- .. ., • • 0 I 2 I - • • • • • ... COUNCIL COMMUNICATION Date Agenda Item Subject Mallon NfflOllllng Hanni Km4JP8l1Z from the May 17, 1999 10clv E,igle.uood Urban Renewal ~(EURA) Initiated By Department of Financial Services I Staff Source Frank Gryglewicz, Director of Financial Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved Resolution 17, Series of 1997 on on February 3, 1997 appointing Mr. Knuppertz to the EURA. RECOMMENDED ACTION Staff recommends City Council find Mr. Knuppertz is not participating on the EURA. This action will allow the City Council to appoint another member to the Authority. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Mr. Knuppertz was appointed to the EURA on February 3, 1997. Since that time he has only attended one scheduled meeting of the Authority. He has been infonned, by letter, that his presence is important to the Board. On February 2, 1999, Mr. Knuppertz was sent a letter asking for his resignation . He has not responded to this request. Although the Authority does not meet regularly, participation by all members is important. Therefore, the only alternative is for City Council to find Mr. Knuppertz is not participating on the Authority and replace him with someone who can attend and participate in the Authority. FINANCIAL IMPACT This action will not impact the City's financial condition. UST OF ATTACHMENTS None . ' < • .. I· • 0 I xi - - • August 11 , 1998 Mr. Hanns Knuppertz 11 West Hampden Avenue Englewood, Colorado 80110 Dear Mr. Knuppertz : ·, • • • <, I am writing to you regarding your membership on the Englewood Urban Renewal Authority . You were appointed to membership on this body in 1997, and we anticipated working with you as a member . The last few years , the Authority has not had a regular meeting schedule , and did , in fact, hold only two meetings during 1997, one of which you attended . The Authority has , to this date, met twice in 1998. You have not attended either of the 1998 meetings . It appears , from your comments to the recording secretary when she has called you, that health problems may preclude your attendance at the EURA meetings . There arc issues arising which the Authority must consider, and an active , involved , member- ship is of great importanee. If your bcalth will continue to preclude your active participation in the activities of the Authority , you may want to consider submitting your resignation to the Mayor . I certainly hope that your health improves , and even if you do find it necessary to resign from the Authority , you may be interested in serving on another board or commission . Sincerely , Chris Havens Chairperson Englewood Urban Renewal Authority f:ldepllnbdlarouplbolrdsluralconaponclcnccllcacr to lmuppcnz.doc .. •· • 0 . -. ' • ~ I .. ' I - - • February 2, 1999 Mr. Hanns Knuppertz 11 West Hampden A venue Englewood , Colorado 80110 Dear Mr. Knuppertz : ·, • • • .. • I am writing to you regarding your membership on the Englewood Urban Renewal Authority. You were appointed to membership on this body in 1997, and we anticipated working with you as a member. The last few years, the Authority bas not bad a regular meeting schedule, and did, in fact, bold only two meetings during 1997, one of which you attended. The Authority met twice in 1998 ; you did not attend either meeting. It appears, from your comments to the recording secretary when she has called you , that health problems are precluding your attendance at the EURA meetings. If you feel that your health will continue to preclude participation in the activities of the Authority, may I suggest that you consider submitting your resignation from the Authority to Mayor Thomas Burns . The Authority does need membership that can be actively involved in their duties . I hope your health problems are resolved, and that you may enjoy life to the fullest . Sincerely , Chris Havens Chairperson Englewood Urban Renewal Authority r:\dcpllnbd\poup\boanlslunlcomspondcnullcaa to knuppcnz-2 .doc • •· • 0 , 7 I ... C,.) ~ X - • 0 • DATE 215197 -12/4197 1997 Attendance ENGLE'M)()O URBAN RENEWAL AUTHORITY -1997 Attendance Record GrNbMr HaveM Knuppertz Roiii -Sou11ler9 p p p -p A -p --A ----p p A Page 1 I --·- ----- Weddle . Vonn_!llal r I . • p ---p-- p Resianed ~ \. , • • I 1998 Attendance ENGLEWOOD URBAN RENEWAL AUTHORITY - :- 1111 ATTENDANCE RECORD --------- I ---- DATE: GARRETT ORAEBNER HAVENS KNUPPERTZ ROTH SOULLIERE WEDDLE ----·-- r I . 2/4198 p --p -p------A-p A --·p ----------I--------·- BELT GARRETT ORAEBNER HAVENS KNUPPERTZ ROTH WEDDLE LINDSEY ---7 7/15198 p A --p -p ---,. -p -L ---p --p - • Page 1 "'-cY F ... . ' . ~ . ~ -, ' . • ,. • " I ~·..- ~ • r· ' ~ ~ X -/ o · • .. 1"9 EURA ATIENDANCE DA~ ~-+~-1~~SEY IR0TH [~ 2/3199 canceled -no Quorum ~ 313199 A--A ---- r ~. . I I . 7 'I: • • " I - - • • "II - • t• . • ' (. COUNCIL COMMUNICATION Date Agendaltem Subject A Motion Appointing a Hearing May 17, 1999 "cl Officer Initiated By Staff Source Human Resources Sue Eaton, Director of Human Resources Jackie Meadows, Human Resources Administrator RECOMMENDED ACTION The staff recommends the Englewood City Council approve, by motion, the appointment of a hearing officer for the Clark Cape appeal. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Englewood City Council approved the passage of Ordinance No. 19, Series of 1996, amending E.M.C. 3-1N-9 on May 20, 1996 which repealed the duties of the Englewood Career Service Board and provided that in matters of disciplinary appeals the City Council would appoint hearing officers to hold hearings and make findings and detenninations. Clark Cape has submitted a request for an appeal to a hearing officer for review of a disciplinary action. UST OF AffACHMENTS Appeal Request Resumes of Potential Hearing Officers • .. • • 0 I - • • • • LAWonrctl BRUNO, UUNO & COLIN, P.C. 11/mlltt DOIICLAI BWII.I. a. nunDI DALL ffACW :Z. ...,...,,. Alli Via Fae&imi/8 and U.S. Mail (303) 789-11215 Loucrishia Ellis, City Clerk City of Englewood 3400 South Elati StrHt Englewood, CO 80110 0.'IIX c:vtC aNID l'LAZA llalaOADWAY DDVD. COLCHJIO w.llG ~OG>Dl·l- PAX: CJD) Ul·lm Mav 5, 1999 Re: In the Matter of Officer Clark Cape (95-7) Our File No . 9487 Dear Clerk: LOVIS a. IIIWNO ....... c:.-a -LIIILLYAaD O,C:-,....,.,.~ Gr ... J:.~ -L-i..:.~ _..__ - Enclosed pleaaa find an original Appeal and Request for HHrlng on Review of Disciplinary Action and Notice of Repr ... ntation. It la my understanding, pursuant to our telephone conversations this data, that a facsimile filing will be accepted aa timely filed wi.h an original being mailed and received by your office within seven days of the facsimile transmitted filing. Thank you for your courtesy in this re;ard. Enclosure cc: Chris Olson Division Chief Thomas Vander.,,.e Martin Semple, Esq. Daniel L. Brotzman, Esq. Clark Cape Very trulv youra, ·"UNO, JRUNO & COLIN, P.C. If~ ft/,-,.,1 ~ ... ~ Dianne Wood-Nicoletti Secretary for David J. Bruno and Stacey E. Nickolaus • • ... .. I· • • • 0 , • • JDINEIT S. AIU!illUG RESUME Law Ot!lces a/Bennett S. Aisenberg. P.C., Denver, Colorado, 1980 • pmcm Pinner, Oonuch, XirJis. Campbell, Wilm and Orovc, Omvc, Colorado. 19!8 • 1980 B.A.. Economics. Brown Unii,enity, 19Sl U..B., lurvud uw School, 195' U.S. Army, 1955 -1957 President, Brown Umvmiy Club of Colando, 1967 -1970 Presil:!2nt, Harvard Law Saool Ala:ialion cl Cclondo, 1984 • 1983 Dcm,cr, Colcndo, Massacbusem. IUld Amerfcln Bar A11CC:i11ion1 Colmado Bu Foundll:icn Amcricm Trial Lawym Associlrinn Coiondo Trial Lawym ~.mon. lolrd Member, 1977 • 198", Presld=, 1984 • 1915 Lec!ure:r. Colcndo Trial Lawyas . .t,sm:ilricm, 1973 • pmsent Trial Lawycn Cor Public Justice. Stam 0wrpmon (Colc:ndo) Faundins Manbcr. Public lusdce Foundadan ln1C1Wional Scciety of llnis1m! Ceniftal:lan u a OvO TJtll Adwx:aa. Nldalll Board of Trial MYot::11:y, 1914 · 1994 Judicial Sominadnl Commissim (Denver) • Gublrmlmial .... ppm u •• 1911-19" OeD'VCZ' Bar Auoc:iarioD • Prelidem 1991 • 1992; Tnaame. 1912 • 1915, 1917 • 1990; llepNsenwlve to Baud of~ al Colorado Bar Anrrilrinn, 1971 • 1980; ~ Enmminmlnt Comminec, 1975 • 1977t Qabpc:naD. Tak Fara: ID AiN11 Lepl Synem. 1915 • 1986 Colondo Bar Anocialion • ~ Iampfofessiaul Cmnmiaa: 19'71 • 1980; Chairpenan, Alee:nw:ive Dbpua ResolUlion Commiaec Oil~ 1979 - 1980; Edaics Conmriree, 1916 • ~ Amicus Cmill CNBii!!IIW, 1991 • 19" lmlructer, Tans. Unmrsicy of'Dc!Mr, Sdloo1 ot'L&w, 1961-1963 . ... • ..... "' - •· • 0 • . ' -• • Nadall N2lllmJ ~ Arllilruan: ....... C IIW CID Law 111d 'tpFlre l916 • lllmBli lackyMuiwwll,e ..,_ Ompaaaa. llM .111, Ltbar Arl*mlr. Ptdlall Medina ml Ccnffledm Slrlice .. .. • • C • - lllzr •· -=reen, w.q. • • • • . • ' .. .. .AMEAICA.~· ARBITRATION ASSOCIATION -1:IANll OF NEOTRA!..S LABOR PANEL Oe'Mlr', co O:,,:,,Hm· A:rit!RNE'! -AREII'lMl'CR ,- l'llprim: rn TD£ ~ smvES AS ARB1'mA1t:R ar DllDES'r , ~ CASES. l'ssais: DI.Sr:IPLINE, DISC!IRZ, ~. Assaa, ~ aJr, SENICRI'lY, PA.HJl!D.fi, SCSP!JISiar, a:JlmJIC1' Df~, .JCS aASSr:"ICATiar, wwwm, .IRBl'mlBILl.'l, .JCRISD+c:rmr ~. msco:MINA1'IQl Jlll ml. a:anTZQIS. PCBtIC SECtR UB::R ~ ~ INCIJJCIES ~. ~ ar PA.H>Uar, 1ACATiar ANO SJ:CX LEAVE. P&Lamut: A1:::bi.tzatr:a:: ~ ACMIN. , 1112; mr; SCXJP!RS , mai, ICC. 7 (ECP.); Qfr.rED MINEJalQ1IS OF AH. , PI:l:W »E ~ a::AL M:Iltnl; C:CS.; tJNrm) MI:NEHIGS. , orm PCIEl .AND Lil21'. 11:11:k e:1.stczy: GEN. a:DISEt., .ICl!Iar (nmlW. ~ AG2NC'1) , l377-79; FIRST ASST. , Kr!:'i. GnmtAL, cmawx,, 1975-77; INSlid..CIOR OF IAW (PARr-l'IM!), tlNrl. OF CEffli!R, 1970-75; W.1:1W:;, DD1VER JtJVENILE caJRl', l97l-i2. M I Jm: ~ ONJ:V. (BA 64); QIIV. OF D!WER (JD 67; MS 72) PIii.' dial: $ 550. 00 Plus apensas; ~..!am c:an::al.laticn f• wit!lin 7 days a! blaring 4/93 1 • • • 0 , - • Qualifications: • • , . • RESUMt OF 8CIALD :s. cam 2325 west 72nd Avenue Denver, Colorado 80221 (303) 427-7584 Juris Doctor Degree Oniversity of Denver June, 1968 Admitted by Colorado Supreme Court october, 1968 Admitted by Onited states District court October, 1968 Admitted by Onited States Court of Appeals March, 1971 Admitted by Onited States Supreme court March, 1972 General Legal Experience: Staff Attorney Denver Legal Aid Society -1969 Associate Attorney Berger, Rothstein & Gehler Attorneys at Law commerce City, co -1970-1972 Partner. Gehler & Cohen Attorneys at Law commerce City, co -1972-1982 Sole Practitioner Ronald Cohen, Attorney at Law Denver, co -1982 to present Municipal and Governaental Legal Ezperience: Assistant county Attorney Adams county, co -1970-1972 .... ,,,_ ~ .... -.: ,,,.,, . ,I• • - ... •· • 0 'a2 x l - - • • • L• • ' <. Assistant City Attorney and Prosecuting Attorney commerce city, co -1970-1982 Prosecuting Attorney Northglenn, CO -1970-1972 Assistant City Attorney and Prosecuting Attorney Brighton, co -1972-1982 City Attorney Lafayette, co 1975-1990 Legal Advisor career service Coaa.ission Commerce City, co 1982 to present Hearing Officer career Service Commerce City, CO 1992 to present Judicial Experience: Bearings: Presiding Judge Northglenn, co -1982 to present Presiding Judge Federal Heights, co 1982-1990 Presiding Judge commerce City, co -1987 to present Administrative Law Judge Ada.ms county, co -1988 to 1994 Rate: $100 per bour " - • .. • • 0 '32xl - • • • • 0 I • • ,----IJ7.1I;,, ir 1JIA,._, 1Jit ~ _;-~))(, /j;:~GENDAFORTHE ~ (//')1 ~ REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL ~ MONDAY, MAY 17 , 1999 ~ 7 c30P.M. -n:t/-oJ«M/ 1. Calltoorder. ~ 2. Invocation . '{},J~ 3. Pledge of Allegiance . ~ 4. Roll Call. 6 ' / ( MJ;,wr, ~l}-Rb;:tt') 5 . Minutes. Minutes from the Regular City Council meeting of May 3, 1999. ~~ Offd6riJ ~U) 6. Sa.cheduled Visitors . (Please limit your presentation to ten minutes .) ~ Larry Nisbet from Englewood Schools will be present to address Council regarding 7 . 8 . 9 . the school bond issue . ~U-Gdi? 4.. 'l/,r.,ur~/4!'1fJ 42-ta.---,--~ Non-~I~,, Visitors . (Please limit your p,i;ese'2'!~!~~~~~e?;~' - Communications, Proclamations, and Appointments. ,{ / f b , ' letter from Barbara Fout indi<;1I~n~r ~esignation from the Englewood Code Enforcement Advisory Board. I~ b . A proclamation honoring the Eng>,~ High School Seniors being recognized at ~trf0ards Ceremony . 'f,J-L{)~ Pub/c-~~a~ng . (None scheduled) fr PINN nota: tr you hllw • dlublllty and !INCi auxlllay alda or wvtoN, plNN nallfy the City ol l!nglliwood (303-712-2405) at INat 41 hours In advance ol when Nl'Vlcea .. IINdecl. Thank you. . --• ..... • • 1 lir,t·· ... I· • 0 • • t• • Englewood City Council Agenda May 17, 1999 ~. " L, ,.,_ Page2 VA) wv-r 10. Consent Agenda . a. Approval of Ordinances on First Reading . ~ i. ¥,dfrfJ Council Bill No. 31 -Recommendation from the Department of Safety Services to adopt a bill for an ordinance approving an Intergovernmental Agreement with Buckley Air National Guard for use of Buckley's facilities to provide accident avoidance driver training for all City fff{;JJ&f.JSJ!!! SOURCE: Kieth Lockwood, Fire Division Chief. vv --, ,v -- ii. Council Bill No. 33 -Recommendation from the Department of Neighborhood . J ;_ O and Business Development to adopt a bill for an ordinance amending Title 16 'Pa,_ P.:-:' J • .iJOf the Englewood _ Municipal ~ode to in_clude a PaWecre~~d Op~n }J,e <V~pace Zone D,stnct and setting a pubhc; heann~!' 7=~cons1der ~~es1~~on~.o epr K,re~ s;-;s;;;~HaroldStttt, b-fJ iii. Council Bill No. 34-Recommendation from the~partme~inancial __ up J Services to adopt a bill for an ordinance extending the waste transfer a,/~ surcharge waiver until December 31, 2001. S~~nk -11 61 Gryglewlcz, Director of Financial Services ..• ·-} {' _ / t) 7:, b. Approval of · ~son Second R · ~ iJ) (y /' l'-,;z ,4,-1 j "-'1 V i. ncil Bill No . 25, approving an exte o the Wastewater Transmission (.) l.(1_1J, d:a-Agreement between South Arapahoe itation District, Southgate Sanitation District, the Board of Arapahoe County Commissioners, the City of Englewood, and Waste Management of Colorado, Inc. ii. Council Bill No . 30, granting a Permanent Easement and Temporary Construction Easement for Centennial Pump Station at Mclellan Reservoir. c . ,,~~~~sa Motions . ~ 'j'i~;r.f! 0. ,, i ~~ Recommen n from the Department of Financial Services to adopt a /KJtJfJ:11-resolution approving an increase in benefits for Police Officer retirees effective January 1 , 1999 for those retired as of January 1, 1998. STAFF SOURCE: Frank Gryglewlcz, Director of Flnanclal Servicn. • ii. Recommendation from the Department of Financial Services to approve by motion, an Office Supply Contrac\ for 1999/2000. Staff recommends awarding the contract to Corporate Express, the lowest bidder on the City's most frequently ordered items. STAFF SOURCE: Frank Gryglewlcz, Director of Fln11nclal Services. Recommendation from the Department of Parks and Recreation to approve, by motion, a contract for the construction of Clayton Athletic Fields. Staff recommends awarding the contract to the low bidder, RMT Sports Turf Contractors , in the amount of $71,250. STAFF SOURCE: Jerrell Black, Director arks reatlon and Gary Hultberg, Recreation Mat11111191u.t. PINN noe.: If JOU haw• dlublllty and need auxlllary aids or wvlcN, plNN nollfy the City ol !liglewood (303-792-2405) at INat 41 hows In advance ol when Nl'VlcN .. l'INded. Thmk JOU. • •• . [(,,~ . I ,I • . .. • • • 0 ' - • • • 0 I• • Englewood City Council Agenda May 17, 1999 Y}()J . Page3 ~ iv . Recommendation from the Department of Financial Services to approve, by motion , the removal of Hanns Knuppertz from the Englewood Urban Renewal Authority. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. 11 . Regular Agenda . a . Approval of Ordinances on First Reading . ff b . Approvpordinances on Second Reading. c . Resolutions and Motions . AA,~ i. Recommendation from the Human Resources Department to approve, by I' - /Y;i,,-u,,t ,v motion, the appointment of a hearing officer. STAFF SOURCE: Sue Eaton, -0 Director of Human Resources...,~d Jackie Meadows,1~n R~spurces tfJ~~ JA J ~. , Administrator. · PJIJALf) J. {!JJH/i.-AJ -~~ • 12 . GeneralDiscussion. ~ a_,o ~ ~ /'h~ a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. a . CityCenter Englewood Update. 14. City Attorney's Report. Adjournment./ :1v r ~ing minutes were transmitted to City Council between 4/30/99 • 5/13/99: • Englewood Housing Authority meeting of February 24, 1999 • Englewood Liquor Licensing Authority meeting of April 7, 1999 • Englewood Cultural Arts Commission meeting of April 7, 1999 • Englewood Parks and Recreation Commission meeting of April 8, 1999 • Englewood Clean, Green and Proud Commission meeting of April 13, 1999 • Englewood Public Library Board meeting of April 13, 1999 • Englewood Board of Adjustment and Appeals meeting of April 14, 1999 • Englewood Planning and Zoning Commission meeting of April 20, 1999 Please note: If you haw a dlaabHlty and need auxiliary aids or Nl'VlcN, pleua notify the City of l!nglawood (303-762·2"°5) at INat 48 hours In advance of when NrVlcN .......... Thmk you. . -• t • . .. 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