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HomeMy WebLinkAbout1999-05-03 (Regular) Meeting Agenda- • ... • • • '· ... REGULAR CITY COUNCIL MEETING MAY 3, 1999 ORDINANCE#~~~, 29, 30, 31 RESOLUTION#~~ 54, 55, 56, 57, 58, 59 t• • .. 0 • • • 0 I ~?. I - • • • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Mayl, I"' I. Call te Onler The regular mcding of lbc Englewood City Council -called to onlcr by Mayor Bums at 7 :38 p .m. ••••• Mayor Bumi uked that Ibey oblcM: a IDOIIIClll of lilcllcc for die lblllellll • Columbine High School . 2 . Javocadoe The inwcalion was given by Council Member Nlbholz. The PledF of Allegiance was led by Mayor Bums. 4. ..UCall Absent: A quorum was present Council Members Nabbolz. Grazulis, Garrdl. Bradlbaw. Habeniclt. Waggoner, Bums Nolle Also prcselll: AcliJII City M-,er Black City Ananaey Bniu.ma & City Clerk Ellis Dinair Siapal, Neipbomood and 8ulinell [bdopmeal ••••• Mayor Bums ldviald 11111 kndl Black. our Dumar of Pats and lteaalioa. is ICMIII • AcliJII City M-,er toaiglll. • City Ma-,er Gary Scan is oa WCllioa. He welcloaod Mr. Black . S. Mi..ta (a) COUNCIL MEMKR N.u&OLZ MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEE11NG OJ APRIL 19, 1"9 • Ayes : Council Members Nabbolz. Gama. Bradlbaw, HlllcaicN. Waggoner, Onzulis. Bums Nays: Nolle 6 . Sc...w Vlliten (a) Mayor Bums staled 11111 Deaver Regional Council of Oovenmau (DRCOO) Vk:c Chair Jan Schenck. Mayor of Golden, wu going to praent a Local GcMrmllall 1---Award to die City of • • • 0 f " "I • • Ea&9ewood City C1N111cil May 3, 1999 Paael • 0 I• • Englewood for its involvement in Golf 4Fun. Mayor Bums noted that the City was also recognized for this at the DRCOG AMual Banquet. Mr. Schenck stated it was his pleasure to present this award and offered his c:oagnitulations to the City of Englewood. He explained that with the Innovations A ward, the Regional Council hooors 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 are proud to recognize it This year the Council of GovcmmelU is joined by BP Amoco, George K . Baum and Company, the Colorado Asphalt Pavement Association, the Coors Brewing Company, Kaufman and Broad ol Colorado, Koelbel and Company, M K Cenlfflnial Engineering. Public Service Company of Colorado, tntnnw Diamond Slwnrock and United Power Inc ., in presming the Innovations Awards. Mr. Schenck advilCld that Englewood took third place in the cooperative service delivery categOI)' for its involvement in the Golf 4FIDI Project, which provides golf pnictice, inslrudion and townamen& play for disabled individuals. The City, along with Aurora, Thornton and the Foothills Parts and Recreation Dillricl. has provided facilities support for the Golf 4Fun activities. At the Council of GovemrneNS Annual Awards Dinner in March, Director of Parks and Recreation Jen-di Black was recognized for his efforts 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 citi;zens for allowing the City to aff'onl the luxury of doing this. Mayor Bums and Acting City Manager Black accepled the plaque . Mayor Bums commcnled that this is a wonderful program . He stated there are some quite severely handicapped people who panicipate in this and wc have an amazing adaplalion prog,am so they can play and practice golf. It is really quite an achievement, he said, and wc are very proud of it Mayor Bums thanked Jan Schenck for coming down from Golden to present this award. Acting City Manager Black ilUoduccd our Golf Manager Bob Spada . He stated that Mr . Spada is in charge of the program and really does a great job. (b) Mayor Bums DOied wc have had a program with civic infonnalion and imlruction with our middle school students. Recently some of the middle school students palticipated in a Mock Council Meeting. Sevenl Council members were s-nt that evening. he said, and they enjoyed it very much. One of the things thcy 1albd about that night was the s,afliti ordinance and they said they would be back sometime to give their thougllts on this subject. Ashley Young, 62 Easl Bates Scrcet. said she was from Flood Middle School . Amanda Malcdon. 30SO South Lipm Slrcet. statcd she was also from flood Micldlc School . She advised this was a follow-up on the graffiti onlilwlce. Ms . MaJcdon advised that thcy propolCd, to fight graffiti, that the City should pu1 up a graffiti wall for kids to jUSI pu1 stuff on . If you graffiti where you are not supposed to, you should have to do an extra 24 hol:rs ol coaiamity ICl'vice on top of your fine and your required community service . She a,mmcnted that IIIOII people think all kids are clestructive and will ruin everything. bul she does not think that is right They ask why lhould their parents have to pay for what they didn't do? So. she said, they think that the person that did the graffiti should pay for whal they did . Ms . Malcdon stated they also think that you should be II least sixteen years of age to possess any type of graffiti material . They feel thal IIIOII of the flood Middle School studclu have enough responsibility after lhe 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 Bums asked if they had these suggestions written down . Ms. Maledon advised they did and she presenled the list to Council . .. .. •· • 0 ' - Ea&lewood City C011acil May 3, 1999 Pqr3 . ' • • l • • 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 it is bad and they should not do it Mayor Bums thanked them. OJuncil Mc:mbcr Habenicht asked how they would suggest the poster be utili7.CCI. The students were not sure how it might be used. Mayor Bums asked if they post them around the school . Ms. Ma1cdon said they do post it around the school . Mayor Bums asked if they would suggest thal Olbcr schools in the community might use the sign, too. The ltudelllS aid yes. Mayor Bums thanked them for coming and sharing their thoughts . He Slated they did a good job. Council Member Waggoner commcnted that some of their suggestions could be gi~ to the City Attorney to prepare somclhing that could be iocorporated into our onlinancc to follow-up on . Mayor Bums noted that the night they were here they had some of the same suggestions during the discussion and he thought they were wonb considering. Council Member Nabbolz noted there were mcmbcn of the Code Enfon:cmcnt Advisory Committee in the audience and they arc on the graffiti subo>mmittcc and they have wortcd with Dan Bromnan. She felt Council Member Waggoner's suggestion was cxccllcnl Council Member Waggoner said maybe they should pass it tlwough that committee. Mayor Bums thought that, initially, they should pass it tbrougb the Code Enfon:ancnt Advisory Committee. He noted the Committee and City Attomcy 8flllZma will be good -· Council Mc:mbcr Bradshaw explained to Ml. Young and Ms. Mllcdon, dlll OJuncil will forward their suggestions to a cilia:ns group called the Code Enforcc:mm Adviloly Committee and dim they will ra:ommcad things to the City Attomcy. Ms. Bradlllaw aid -of the dlinp lhc Wlllllld ID commend both of the ltudents on, is their willinpell 10 take l'ClpOlllillility . SIie IIOled tbll was 11> reflahiag to bear tonight, thal SIUdcru do want to lake l'ClpOlllillility and lhc tbamed them for their efforts. Mayor Bums thanked them for coming . There were no --scbedulcd visiton. 8 . (a) A proclam3t.ion honoring Dori Nuarenus • Englewood's Citu.en of the Yea for 1999 was coasiclcred . Mayor Bums noted that our cclcbrat.ioo for Citiun of the Year is a week from today, on Mayl~. COUNCIL MIMBER BllADSIIAW MOVED, AND IT WAS SICONDID, TO APPROVE A PROCLAMATION HONORING DORI NAZAUNUS AS ENGLEWOOD'S CITIZEN OF THE Yl:All ,OR 1"9. ' ,, - • .. •· • 0 , - • • Easkwood City C•acll May 3, 1999 .• , ·, • • • Ayes: Council Members Nabholz, Garrett, Bradshaw, Habenicht. Waggona, Grazulis, Bums Nays : None Motion carried. Mayor Bums advilcd lhlll Ibis pnx:lamalion will be read in its entirety at the celebration next week. 9 . l'lllllic lleariq No public i-;ng -IChcdukld before Council. 10. C.....A..- COUNCil. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, 10 APPROVE CONSENT AGENDA ITEMS It (a) (I)-, (II) ON FIRST READING, 10 0,) (I), (II) ud (Ill) ON SECOND READING AND to (c) (I), (ii), (Ill) ud (Iv). (a) Approval of Onlinanccs on First Reading (i) COUNCIL BILL NO. 30 , INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AUTHORIZING A GRANT OF A PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT BETWEEN 1HE CITY OF ENGLEWOOD, COLORADO AND CENTENNIAL WATER AND SANITATION DISTIUCT, FOR 1HE PURPOSE OF CONSTRUCTION , MAINTENANCE AND OPERATION OF A PUMP STATION. (ii) COUNCIL BILL NO. 2S, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AUTHORIZING AN INl'EROOVERNMENT AL AGREEMENT BETWEEN 1HE CITY OF ENGLEWOOD W ASTEWAT£R Etm!RPRISE, SOU'J1f ARAPAHOE SANITATION DISTIUCT, ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS , SOlITHGA TE SANITATION DISTRICT , AND WASTE MANAGEMENT OF COLORADO. INC. APPROVING 1HE EXTENSION OF WASTEWAT£R TRANSMISSION AGREEMENT. (b) Approval of OnliDlaccs on Second Reading (i) ORDINANCE NO . 2S , SERIES OF 1999 (COUNCIL BILL NO. 27, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING A GRANT OF TWO ELECTRICAL LINE EASEMENTS BETWEEN 1HE CITY OF ENGLEWOOD, COLORADO AND PUBLIC SERVICE COMPANY OF COLORADO, LOCATED IN ROMANS PARK . (ii) ORDINANCE NO. 26, SERIES OF 1999 (COUNCIL BILL NO. 28, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING 1TI1..E 4, CHAPTER 3, BY 1HE ADDmON OF A NEW SECTION 13, ENTm..ED "HOUSING REHABILITATION FUND." (iii) ORDINANCE NO. 27 , SERIES OF 1999 (COUNCIL BILL NO. 29, INTRODUCED BY COUNCIL MEMBER BRADSHAW) ' •· • 0 , - • • • • ·, • Ea&tewood City Coaacil Mayl, 1999 Pqe5 AN ORDINANCE APPROVING SUPPLEMENT NO. 143 TOTIIE SOlITHGATE SANITATION DISTRICT CONNECTOR'S AGREEMEITT FOR TIIE INCLUSION OF LAND WITHIN TI1E DISTRICT BOUNDARIES . (c) Resolutions and Molions (i) RESOLUTION NO. S2, SERIES OF 1999 A RESOLtmON APPROVING AN INCREASE IN BENEFITS FOR TIIE RETIRED FIREFIGHTERS . (ii) RESOLU'JlON NO . SJ, SERIES OF 1999 A RESOLtmON FOR A SUPPLEMEITT AL APPROPRIATION FROM TIIE 1999 BUDGET FOR 11IE PURCHASE OF 11IE SKERRl1T PROPERTY . (iii) APPROVAL OF A SEWER TAP AGREEMEITT W1TH DRURY INNS , INC . (iv) CONTRACT WITH MOUITTAIN STATES PIPE FOR WATER METERS IN TIIE AMOUNT OF Sll,532 .24 AND A CONTRACT WITH DANA KEPNER FOR YOKES IN TIIE AMOUITT OF S7,696.00 . Ayes: Council Members Nabbolz, 0am:tt. Bllldsbaw, Habenicht, Waggoner, Grazulis, Bums Nays : None Motion carried. 11 . Replar AFN!a (a) Approval ofOrdinmiccs on Fim Reading There were no additional items submiaed for approval on first reading. (Sec Agenda Item 10 -COll9CIII Agenda.) (b) Approval of OnlinMccs OIi Second Reading There wen: no addiliona1 items submitted for approval on second reading. (Sec Agenda Item 10 • Consent Agenda.) (c) Resolutions and Molions There were no addiliona1 l'CIOlutions or motions submitted for approval . (Sec Agenda Item IO -Consent Agenda.) 12 . Gaerll DilCllllioa (a) Mayor's Choice (i) Mayor Bums aid they"-tbe Englewood SWII Team -out II Columbine High School and it has been reported in tbe paper tbe activities they coadllCled out there. They bad medical pcnonncl with them. as well as law cofon:cmcnt. One of the thinp they did, and Mayor Bums lllid, be discuued this with them, is that they had to go inlO the buildin& aftcrwanl to see who they could find alive ' .. •· • 0 , - • • • En&tewood City Council Mayl, 1999 Pa&e6 • 0 • and that was tough. As he understands it, they were the only Swat team that had medical persoMCI with them that were trained to do that. They came in later and did certain duties as n:quested by the Jefferson County Sherifl's department . So he thought they did some yeoman's service . Mayor Bums stated he asked that they have a proclamation tonight to honor the students and to recognize this tragedy at Columbine High School . Mayor Bums felt it was appropriate to have the City Clerk read the proclamation. The City Clerk read the proclamation in its entirety. MAYOR BURNS MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION OnERING THE CITY or ENGLEWOOD'S IIIARTnLT CONDOLENCES TO THE FAMILIES or THE VICTIMS or THE COLUM81NE HIGH SCHOOL TRAGEDY AND SENDING OUR BEST WISRl:S FOR HEALING, SUPPORT, AND ROPE FOR A FUTURE FREE FROM VIOLENCE AND HATE. Motion carried. Ayes : Council Memben Nabholz. Gan"dt, Bradshaw, Habenicht, Waggoner, Grazulis, Bums Nays : None Mayor Bums commented that he was sure everyone was aware that Rachel Seo«. stqHlaughter of Lany 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 Federal Credit Union for that family . Mayor Bums said we are already hearing of very large medical bills for people who were injured as well . He knows they have to coordinate this. but he c:enainly encouraged people to make donations through the credit union for that family . Mayor Bums said, in that rcganl, 10111C may be aware and the paper repor1ed, that the Mclro Mayor's Caucus attcmpCed to have a public forum on Saturday on this matter. CNN was willing to broadcast it nationwide and this got moving a little bit f'ulcr than IOIIIC of the mayor's were IIWIR, fnlnkly . On Wednesday, he advised, the Jdl'c:,-County Commislioncr's ukcd that they pollpOIIC this, bccaUlc they were too much ilM the grieving period they fdt and ii was a little too IOOII. They really did agree with that . The Metro Mayon feel as lhougb they would lillc to do this. maybe romelimc in the next tllftle or fours weeks . He noted there will be a llecring commiaee meeting Wedncsday moming to diacua this further and there is a caucus meeting in the next couple of weeks . Mayor Bums said they would lillc to do this and they feel that the Mclro Mayon, as a group, in a community-wide effort. can bring people togdbcr to diSCUSI this fwthcr. He opined there have been a lot of very good dilCUllions on television about this, but he was telling Jerrell Black that he hasn't seen anyone yet talk about the participation of the municipalities. The Parks and Rccrealion Department's Before and After School Programs, and these types of things, that municipalities have become involved in in the lasl ten to fifteen years to ulilt 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 _..'I 1CC11 this so far. He commented that everybody is trying to do something to try to help the healing proc:ess and try to do something that can be earned on . The whole objective or the meeting is to noc just have one mcCling or one forum, but to cany on with further discussions to try to come up with some rccommcadalions that the Metro Mayors might do . He offered his apologies to Tom Munds of the Englewood Herald, because he knew he wanted 10 gel this in the paper lasl week and then they changed "horses" on him and cancelled 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 really on the frontlinc , in JcfTcrson County, on this matter. So that is why it was postponed . ' • I· • 0 t - • • Eastewood City Couecll Mayl, 1999 Paae7 . ' • • I• • Mayor Bums advised that Rick Caslaldo, in Swedish Hospital, is a graduate of St. Louis school. He has been featured on the news, is one of the most severely injured kids and is partially paralyzed . Mayor Bums said these are just really tragic stories. Mayor Bums S1alcd he appreciates Council's panicipalion in the proclamation and noted lhat it has been a tough couple of weeks . (b) Council Member's Choice (i) Council Member Nabholz: I . She Aid 1h11 her pgyas 90 to the victim's families, the lilUdcnls, the mfr. our officers and everyone who has been iDwlved in this trapdy. Ms . Nabholz lllaled it has impacted m:ryonc and it is time that WC all pulled together. 2 . She tlw*ed Lany Medina for his quick response to some code cnfon:ement issues . 3. She !hanked Division Oucf Moore for his follow-up on emplOYCC manuals. 4 . She said to clarify, in our group home list, that 400 West Cornell is listed as a group home and that has not been a group home for approximately four years . It is owned by a couple who are 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 producti\lC and fruitful confcrcncc . (ii) Council Member Garrett: I . He commented, regarding the improvements on Broadway, thal as things stan going up it is quite exciting to sec. 2. He Aid he has a procedural isuc rcprding C'.ouncil's study sessions . He Aid he is conccmcd because they ha\lC tbcir study ~ sitting al the llblc and he docs lllll think people know it is an open session . They sec the door open and -.:body 111111 out becaulc they think they are inlenupliog IIOIIICdling. Mr. Garrctt lhougbl it would be appropriate to ha\lC -kind of sign out front saying City Council Study Session. open to the public, 11> then they know they can walk in and li•cn. Mayor Bums Aid thal is a good idea. (iii) Council Member Bradshaw: I . She thanked Neighborhood and Business Development for their rcpon on the group homes . She said she really apprccialcs that information . 2. She noted she worts at Arapahoe Community College and several of their students were affected by the Columbine tragedy. Her conccm. Ms. Bradshaw said, as a mental health thcrapi• and a citizen of this community, is that wc don't jUSI address the symptoms, that wc look dccpcr and address the problems. Because putting a bandaid on it is jUSI not going to wort anymore. 3. She said the other things she would like to bring up to Council for their considctation, is that when the Arapahoe Acres group was here Council did not do anything about any of that until Council Members' Choice. She Aid she would like Council to cn&crtain the idea that they could change the proc:edwe and if ' • ...... ,. ~ • . .. •· • ' I - • • • Ea&kwood City Couac:11 Mayl, 1999 Pa,.e8 • 0 I • • there arc groups here when they have different legislation that applies directly to them, that they go ahead and move it forward and vote at that time. lfthal would be okay. Mayor Bums thought Council was free to do that anytime they want to. Council Member Bradshaw said she did not know and thought it would be a really good idea. Council Member Nabholz agreed. (iv) Council Member Grazulis advised that last week she attended a five day environmental camp with forty-one Sinclair Shldents bclwcen the ages oC twelve and fOW1een and this was just coming off of the Columbine tragedy. She said she loves to do things with youth and it was just another eye opener. When she was there she was the only parent in this group and there were two teachers, so she was the designated mother. They had hypothermia and altitude sickness. they had it all. Some of the childrm told her some stories oC their home life and we just need to put our wings out to every child out there and try to draw them in and show them we care, Cffll though they may not line the best home environment Ms. Grazulis noted she does not know what to do to help, but just to be aware oC it. She said she was just a spooge to liSlen a lot oC 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 that look like they arc troubled, thal 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 Wlderstanding. (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 Colwnbine High School and a grand niece who attends Ken Caryl Middle School, so they were all very closely surrounded by this within their own family . Ms . Habenicht commented that she is pleased that our comrnwlity is both large enough and small enough to attend to a lot of these conocms. She said she knows that 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 n:icalled seeing in their packet a letter they had received, which was forwarded from Roscoe Davidson. who is the superintendent of Englewood schools. It was copied to all of Council and in it he talked about bow much he apprccialed the City and schools working together on safety issues. This memo came in March and it brought with it a nwnber of articles that had been llllionally published in tams o( youth violence. violence in schools. Council Member Habenicht aclmowledged that al the time she just thought it was nice. but she went back after this incident and dug it out and-' those articles. She thought they addrascd a lot oC the things Council Member Bradshaw was referring to, not dealing symptomaticaUy, but dealing with the heart oC 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 to mention that he and Council Members Bradshaw and Habenicht were at the dinner for the Metropolitan Mayors and Commissioners Y outb 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 remarbble achievements. They were just amazed, he said, • how they were able to recover from the family situations and abuse and so forth and bcalme leaders in their classes academically. Some were handicapped, one had had brain surgery for cancer and it just went on and on. They were just an amazing group oC kids, he said. Mayor Bums offen:d special thanks to Council Member Bradshaw as she was on the selection committee. But, he conunented, it shows you how kids can persevere under really difficult circumstances, pull themselves up by their bootstraps and really achieve something. It was really inspirMional to sec. 2 . Council Member Habenicht said she thought they were going to discuss maybe changing the values of the colol's on our own logo. She noted they did not discuss it and so she wonden:d if they just ' ...... ,, - • . •· • 0 - -- • E•&tewood City COIIIICII May 3, 1999 .. , • • ,~ - rca:iwd the color system chart for infonnation or if they were actually going to address these colors at somcpoinl But, Council Member Bradshaw noccd, they do no( have the colors of what to change it to. Director SimplOII advised that be can address that with Tcny Bambart and when be comes back for our final CIOlor ldcction on that logo we can also discuss if that is where the group wants to go. Council Member Habenichl aid lbe wu jUSI curious because she wu cxpccting to discuss this. Director SimplOll advilCld that be did no( ... that chat out. Aeling City ~ Black explained the chin wu more informational, that Sue Bradshaw pulled the infOl"llllbOll topdlcr to show a little billory of what is out there, what is in place now . Council Member Bradshaw IIOled thal the difference bdwcen the green of the benches and chairs and the green in the quilt is a value sbift ... lOllldhing on tbal order . ••••• Mayor Bums commcntcd that ii is a little difl'crenl subject, but we have pins and when they go to conferences and excim,gc pins, we clon'I have a pin with City of Englewood on it like all of the other cities. E\'Cly pin you get has the cities nunc on it. Mayor Bums wondered if they might sometime clcsign a pin with the City's name on it, that they coulcl give away to people where they would remember where it came from . Council Member Bradshaw IIO(cd they used to give them away with a card that had the mark and then Englewood on ii. ••••• Council Member Grazulis aid lbe wUlcd to mention that the senior awards ocremony at Eaglcwood High School conflicls with their Council meding. She felt .,._ should be there to n:pacnt us for our outstanding seniors and show them thal we tally appreciate the positive things they do. In respome to Council Member Habaliclll, Ms. Grazulis advised that the c::aanony will be beld May 17, 1999. Ms. Habcaiclll aed if they bid time ID have a l'Cllllutian or p,ud.,..ioas lftPll'Cd that can be ICIII from City Council indicaling thal we are lllllble to anmd bccallle of our meeting. Mayor Bums, Council Member Bradshaw and Council Member Grazulis agreed that would be a nice way to handle it. Mayor Bums DOied be wu diappointcd too, be wu hoping they could somehow go, but there is ju5I no way . Acting City Manager Black 5lalcd they can certainly have staff rcprcsclUd there and if there is a proclamalioa they can read the proclamation al thal time. 3 . Ms . Hllbcnichl aid lbe wamcd to make sure it wu DOI lost, coming up with some IOlt of program, which Council Manber Nabbolz brought up, about IICllding youth dclcptes to the National Lague of Cities. She staled they nccdcd to un working on thal. She suggested that maybe Ms. Nabholz would be willing to spearhead that or a couple of the Council members could Mn togclhcr. Council Manber Bradshaw 5lalcd that she and Council Member Grazulis will do it. Council Manber Nabbolz aid that would be wonderful . ' • . .. •· • , -• • • IE•lllew_. City C-8 Mayl, .,,, .... Coacil Mealla' Badllaw aid die dlilg ii• we awe• ......... , IO Wpcllikna willl a w......_ apeiw::e • ii-• dleir lew:l ad il ii Clllled aa.-u,. SIie ca n 1 M * wOllld lqle Sllil waald 11112 be a .... k ... fld11111. ...,. .... aid lie ....... •adCGlmCil Malllla' rr a ·ck aid-.•• all c:c-cil ....,... Halleaiclll pailllll C111S • dlcJ a.we beea WilY 1111111C111Mfl~ ..aa feln dlcJ ........ caadwtodD •. ••••• ...,. ................... ,_ ___ ......... _ ... ,...111c-. __.illa.fldlc ..... ,,_..llr6e .... MCal Ii I So,lle .... P Ill waodwWII)' .... 13. (a) Ciny ~ 81W ad¥ilDII M •• Se lar WIIMillrtaddlc tlrll en I CID 11111 Mller-W l $ •• S lme ....... 111d .... ilMN lie.-. VII)' well widlPCINllCinyadwe.._..be ...... c-:il • .,....••••wl. (b) City~ Bawad¥ilDII ... o-:11 ... -............... lecnll9iaa C..-a,m lloon. He ....... a ..... ID .... fllilsa allllflllll...-.. CNIIW ........ caapal) llr die a,m lloon. COIJlllaL __. WJIIIIAW IIOVD,AND ff WAS sa:.'ONDD, TO l'lmlUIE JD.ING A COllftAINT AGAINST 'ID CONnACTOll AND Nll9ING <DMPANY JOR 11IIE DCUA110N t.tNftll GYII ILOOIII. 15. A,es: c-:il ....... Nellllalz. 0... ....._, Itel I k w......-. Oiamlil,a.. Nays: .... ·- • • 0 -• • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY , MAY 3, 1999 7:30 P.M. 1. Call to order . '7 :!£~ hi01-fr/ft r OJ: ~/L~JJU. -F(){ THI=. KJIJS A-r &JillM!,/1.JC-H/r;,H ~L. 2 . lnvoca~~ 3 . Pledge of Allegiance. ~ 4. Roll Call. '7 ~ 5 . Minutes. Off.d '7-0a. Minutes from the Regular City Council meeting of April 19, 1999. /)~ 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Denver Regional Council of Governments (DRCOG) Vice Chair Jan Schenck (Golden Mayor) will present a Local Government Innovations Award to the City of Englewood for its involvement in Gott 4Fun. b . Flood Middle School students win be present to propose solutions related to the City o~En9lewood's graffiti ordinance. rr SH£.£ "I You AJ f/ A-~LlA KIM.elJO,J 7 . Non-Scheduled Visitors. (Please limit your presentation to five minutes.) ~ 8. Communications, Proclamations, and Appointments . a. a.pfd '7-0 A procla~atio_n ~noring Dori Nazarenus as Englewood's Citizen of the Year for 1999.n~ 9 . Public Hearing. (None scheduled) _£r- PINN nole: It you haw• «rrblllly and mad__, ..... or wdarr,,.... ..,. .. ca, of •aals•ood (303-782·240&)81 ........ houra In advanoa of .................. 1'-*,-.. ' . , •. ... •· • 0 , - • • • L• • Englewood City Council Agenda May3, 1999 Page2 a . Approval of Ordinances on First Reading. i. Council Bill No. 30 -Recommendation from the Utilities Department to adopt a bill for an ordinance granting a Permanent Easement and Temporary Construction Easement for Centennial Pump Station at Mclellan Reservoir. STAFF SOURCE: Stewart H. Fonda, Director of Utllltlff. ii. Council Bill No. 25 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving an 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. STAFF SOURCE: Stewart H. Fonda, Director of Utflltles. b. Approval of Ordinances on Second Reading. i. Council Bill No. 27, approving two Public Service Company easements at Romans Park. ii. Council Bill No. 28, creating a Housing Rehabilitation Fund and designating the fund an "enterprise." iii . Council Bill No. 29, approving Southgate Supplement #143. c. Resolutions and Motions. ii. Recommendation from the Department of Financial Services to adopt a resolution supporting a $100 increase in monthly benefits proposed by the Firefighters Pension Board. STAFF SOURCE: Frank Gryglewtcz, Dlractor of Financial SemcN. Recommendation from the Department of Financial Services to adopt a resolution approving a supplemental appropriation for the purchase of the Skerritt House. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. iii. Recommendation from the Utilities Department to approve, by motion, a Sewer Tap Agreement with Drury Inns, Inc. STAFF SOURCE: Stewart H. Fonda, Director of Utilltlea. iv. Recommendation from the Utilities Department to approve, by motion, the purchase of water meters and related supplies. Staff recommends awarding bids to the low bidders: Mountain States Pipe (for water meters) in the amount of $18,532.24; and Dana Kepner (for yokes) in the amount of $7,696.00. STAFF SOURCE: Stewart H. Fonda, Dlractor of Utilltlea. ,,_ PINN nola: If you have a dlubllly and need~ aide or wvlcN, plNN nollfy a. City of 11......- (308-7112-240&) at INat 41 houra In advance of WMl'I Nl'¥toN .. IINdad. ThMk ,ou. .... • . .. •· • 0 '32xl • - • - Englewood City Council Agenda ,lllly3, 1999 Page3 11. Regular Agenda. a. ~roval of Ordinances on First Reading. ;e-- b. Approval of Ordinances on Second Reading. ,tr c. Resolutions and Motions . ..,{)- 12. General Discuuion. APP'D 7-0 llluma nllMd a proc:tlmallon alllllng a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. a. CityCenter Englewood Update. b. Recreation Center Gym Floors. APP'D 7-0 ~:10~ the Cly of EnglNDod's ........ candalellCN to the fanlllN of the vlclnl9 of the Colunllllne Hlgll ldloal.,...., ........ our bell...._ far hellng, euppo,t, _. bope far. Min twfnlm vlalance and ...... ......_n11Mdtopu1111e-• com,11111111 ............... bondlngcompanr far .. llacn '"" Cenllr'a,m ...... The folowlng mlnutel were trai llffllllld to City Council t..en 411111NM12MNt. • Engleuood Finlfightera P..ion Board fflNllng of Janmry 14, 11111 • Englel\ood Firellghlera Penlion Board Telephone Pol of Janmry 21, 1111 • EngletJOOd Clean, Green and Proud Comml11lan fflNllng of MIid, I, 11111 • Englewood Board of AdjLmnent and Appellla fflNllige of Manti 10 and Manti 23, 11111 • Englewood Planning and Zoning Comml11lan meellng of April 8, 1118 ........... : .,.. ...... , ........... 7 ..................... ..._ .. _.,,.$ ... (lll-7D-W)al ............................... _ ............ .... ,,, _ . . , • ' < • .. 0 • • 0 , - - • • • • t• . • ' AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY , MAY 3, 1999 7:30 P.M . 1. Call to order. '7 : !£' pllA-/ "~ h.OM EIA, OJ: S/LE~U -FO{ THI!. ~/JS A-1 &llM.!,/tJe, Hfr;,H ~ff(.1){__ 2. lnvocatio?J~ 3. Pledge of Allegiance . ~ 4. Roll Call. '7 ~ 5. Minutes . Of'f4 '7-()a. Minutes from the Regular City Council meeting of April 19, 1999. ~ 6. Scheduled Visitors . (Please limit your presentation to ten minutes.) a. Denver Regional Council of Governments (DRCOG) Vice Chair Jan Schenck (Golden Mayor) will present a Local Government Innovations Award to the City of Englewood for its involvement in Golf 4Fun. b . Flood Middle School students will be present to propose solutions related to the City o,ff En,glewood's graffiti ordinance . SHLE.'i Yol.lAJE/ .+ ..u /JA kl Mf-DOU 7 . Non-Scheduled Visitors . (Please limit your presentation to five minutes.) g' 8 . Communications, Proclamations, and Appointments . a. affi.'1-0 A procl~atio_n ~noring Dori Nazarenus as Englewood's Citizen of the Year for 1999 ./1~ 9. Public Hearing. (None scheduled) p- PINN note: If you have• dlublllty and IINd audlary lllda or wvloN, ..... nallfy .. ca, ol ...... ood (303-712-2405) at INat 41 hours In advance of when Nrv1cN .. IINdecl.. ThMk ,au. • ...... • . .. .. •· • 0 '32xl - • • • II - • (• • ' Englewood City Council Agenda May 3, 1999 Page2 /h:;u/ 'l-0 lh,uJA-.11. 41'UtXi~ ~ -~AJ~-c_ #EJ)fM-. /TE~S -,-r-10. Co~~~e;,';~' tC/4.-,./(/-i1·-J.-"fi. t ;i-,-111 7 (1,/ // Ill 'f-111 I .) I a . Approval of Ordinances on First Reading . i. Council Bill No . 30 -Recommendation from the Utilities Department to adopt a bill for an ordinance granting a Permanent Easement and Temporary Construction Easement for Centennial Pump Station at Mclellan Reservoir. STAFF SOURCE: Stewart H. Fonda, Director of Utllltles. ii. Council Bill No . 25 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving an 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. STAFF SOURCE: Stewart H. Fonda, Director of Utllltles. b . Approval of Ordinances on Second Reading . i. Council Bill No . 27, approving two Public Service Company easements at Romans Park. ii. Council Bill No. 28, creating a Housing Rehabilitation Fund and designating the fund an "enterprise." iii. Council Bill No. 29, approving Southgate Supplement #143. c . Resolutions and Motions. ii. Recommendation from the Department of F"nancial Services to adopt a resolution supporting a S 100 increase in monthly benefits propoud by the Firefighters Pension Board . STAFF SOURCE: Frank Gryglewlcz, Director of Financial Ser.ten. Recommendation from the Department of Financial Services to adopt a resolution approving a supplemental appropriation for the purchase of the Skerritt House . STAFF SOURCE: Frank Gryglewlcz. DINctor of Ffnanclal Ser.ic:N . iii. Recommendation from the Utilities Department to approve, by motion, a Sewer Tap Agreement with Drury Inns, Inc. STAFF SOURCE: Stewart H. Fonda, Dll'Ktor of UtllltlN. iv. Recommendation from the Utilities Department to approve, by motion, the purchase of water meters and related supplies. Staff recommends awarding bids to the low bidders: Mountain States Pipe (for water meters) in the amount of $18,532.24; and Dana Kepner (for yokes) in the amount of $7,696.00 . STAFF SOURCE: Stewart H. Fonda, DINCtor of UtllltlN. PINN nal9: I you haw a dlaablllly and neecl audlary alda or......., plNee noa,y aw City ol lt ... aood (30l-712-240I) al INet 41 houn In advance., .... ..._ .. 11N119c1-Tlwlk you. . -- I ~ .-'\,, . 1'·-.,1 · 11 t , ... • ' .., •· • 0 -• ,,. ~ ,. • t• . • ' .,.........ehglood City Council Agenda llay3, 1999 Page3 11 . Regular Agenda. a. ApP.roval of Ordinances on First Reading. ;e-- b. Approval of Ordinances on Second Reading. $ c . Resolutions and Motions . ..I}- 12. General Discussion. APP'D 7-0 Bums fflCMld a proclamatlon offering a. Mayor's Choice. b . Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report . a . CityCenter Englewood Update. b . Recreation Center Gym Floors. APP'D 7-0 Adjo,£!':/o,..__ the Cly °' Eliglewood's healtfell condolences to the famlles of the victims of the Columbine High Sc:llool tragedy and sending our best wishes for hedng, support, and hope for a Mure free from violence and hate . Bradshaw fflCMld to pursue filing • complaint against the contractor and bonding campeny for the Recrullon Center gym floors. The following minutes were transmitted to City Council between 4/16/99-4129/99: • Englewood Firefighters Pension Board meeting of January 14, 1999 • Englewood Firefighters Pension Board Telephone Poll of January 21, 1999 • Englewood Clean , Green and Proud Commission meeting of March 9, 1999 • Englewood Board of Adjustment and Appeals meetings of March 10 and March 23, 1999 • Englewood Planning and Zoning Commission meeting of April 6, 1999 PINN not.: I ,ou haw• dlubllty and need 8lldlary alda or wtrla11, plew nollfy 11w cay o1 •-•ood (303-712-2405) at lNat 41 hours In advance of wlwl wv1oN ......... Tlwlk ,au. • ' .. • • 0 1 32xl - • • . ,~ ·, • PUBLIC COMMENT ROSTER AGENDA ITEM 7 ...acHEDULED Vl8ITORS DATE: MAY 3, 1111 NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS. AND TOPIC OF COMMENT. PLEASE PRINT NAME AQQRESS TOPIC ' . ' < .. • • • 0 'a2xl - • • • - '· ENGLEWOOD CITY COUNCR. ENGLEWOOD, ARAPAHOE COUNTY, COLOllADO APRIL 19, 1"9 The regular imeting m the Eaglcwood City Council was called to order by Mayor Bums at 7:32 p.m. 2. lawudall The iJMJCalioa was giwn by Council Member Nabholz . 3. l'ledee fl Allqiace The Pledge m Allegiance -led by Mayor Burns . 4. a.ac.u Present: Council Members Nabholz, Grazulis, Gamtt, Bradshaw, Habenicht, Waggoner, Bums Absent A quorum was present. None Also present: City Manager Sears City AtlOnley Bl'IIIZIIIID Deputy City Clerk Castle Director Gryglcwicz, F"IIIIDCial Services Bolnl Dilector Simpson, Englewood Environmental Foundation AdiDg Director Kahm, Public Wcxts 5. Miaata (a) and (b) COUNCR. MEMBER BRADSHAW MOVED, AND rr WAS SECONDED, TO APPROVE 11U MINUTES OF THE UGULAR MEETING OF APRD.. S, lffl AND THE 51'1:CIAL MEETING OF APRD.. 12, 1"9. Ayes : Council Members Nabbolz, Gamtt, Bradshaw, Habenicht, Waggoner. Gnzulis, Bums Nays : Nolle The molioa carried. 6 . (a) Charla Sclllr:fer and Sonya Stillmoc:k were lloaond • willllen m the Cinderella City Rc-aamina Comal. Mayor Burm aid the i-ecs were more f'olaipled tbaD Council wllm they thoupt mthe name before C1111m1hanl1 wcre birCld who came up with a -that was.,.... oripnally. Mayor Bums praeated Mr. Schaefer and Ml. Stillmock eacll with a cenificlllc ud a c:lleck for SI 00.00, offcrina his conplllllalioal and thanks. ..... .. I· • 0 - • Englewood City Council April 19 , 1999 Page2 • 0 , . • (b) Representatives of the National Highway Traffic and Safety Administration and the Colorado Department of Transponation presented Community Relations Officer Nancy Peterson with an award for her cll'ons in promoting traffic safety. Present were Dr. Lou DcCarolis, Regional Adminisualor of the National Highway Traffic Safety Administration. Judy Hammond, Regional Program Manager for Occupant Rcslraints. and Duke Smith of the State OffJCC of Highway Safety, a division of the SWc Department ofTransporlation. Mr. Smith is the former Chief of Police of the City of Edgewater. Dr. DcCarolis advised that each year the National Highway Traffic Safety Administration organizes an event called Life Savers, which was aacnded this year by over 1,500 people from around the nation . Each year, they m:opi7.c ten people from around the nation who they fed portray life saving skills, life saving actions, and a genuine conccm for reducing injwy and trauma on our highways . Dr. DeCuolis said that Englewood is very fortunate to have such an individual working bcrc, and that individual, he said, is Nancy Peterson . He said he would like to share how imporlaDt she is to his organi7.ation as a part of their national and Slate highway safety teams. Since 1995 , he advised, Officer Peterson has served as the neighborhood coordinator for the City of Englewood, and has taken it from forty or fifty blocks to 450 blocks. The program serves as a community communication tool for the other City depanmcnts and activities. Officer Peterson, he continued, is a natural organizer, in that she coordinates July 4• family events for communities near Englewood, and recently received national recognition for National Night Out activities. Whenever possible, Officer Peterson weaves a safety belt and child safety seat message and don 't drink and drive message, into her many Neighborhood Watch Program activities. She works closely with three NASCAR and Formula One race car drivers to promote traffic and highway safety. Dr. DcCarolis said these folks arc so proud of what OffJCCr Peterson docs and respect the life saving work that she docs. that they actually came tonight, and that is very impressive . Officer Peterson is active in the Speed Pledge Program. where individuals sign a pledge to drive within the speed limits of the City of Englewood. Scvcral thousand residents have already signed this pledge, he added. He said Officer Peterson was one of ten nationally who received this award. upon which great importance is bcslowed. from his boss. Dr. Ricardo Manincz. Judy Hammond read the following wording from the plaque which was presented to Officer Pctcnon: ~united States Department of Transponation National Highway Traff'lc Safety Administration Public Service A ward. presented to Officer Nancy Peterson, Englewood Department of Safety Scrviccs. in recognition of your outSlanding ability to organize community groups and to integrate traffic safety into your crime prevention cffons." She said it was signed by Ricardo Manincz. NlITSA Administralor. March, 1999 . Dr. DcCarolis offcn:d his congratulations. Duke Smith. on behalf of the Colorado Department ofTransporlation, congratulated Officer Pctcnon for her exemplary program . He said he is the coordinator of the SWc enforcement program. working with all the communities around the Slate of Colorado. When he first IIICl Officer Peterson, and she explained her program with the NASCAR people, he was so impressed that he took it to NIITSA . They, in tum, were so impressed that they felt it deserved some recognition. Mr. Smith agreed that Officer Peterson dcscrvcd recognition because she set an example for the Englewood police department, the community and the State of Colorado. Officer Peterson said it was March 23rd when she received the award in Seattle, and Director OI-was with her. along with Mr. Smith and a couple ol ocher rcp,aentativcs from the local NlITSA offlc:c and COOT. It was such an honor, she said, and such an elegant program, bul it ac:cually means more to he bcrc, in front of this audience, and tllal you took the time to come out tonight to sban: Ibis. We bavc a wonderful city and a wonderful program . She said she aiuld lead all day long. but if we did not bavc "' - •· • 0 ' - • Englewood City Council April 19, 1999 Pagc3 • • t• • enthusiastic people who want to be involwld in the program. and without the support of tbe City, it would not have happened. This is just such an honor, she Slid, and thanked~ for helping her. Mayor Bums praentcd a bouquet of flowers to Offic:cr Peterson . Officer Pacr... introducicd nee car driven Roger Mitcbdl, Richard Burton, and Roger Avanll. She said they don 't make any money doing this, in fxt, it a1111 tbem money. She also introduced her supervisor, Sergeant Jeff Sanchez, and Direcfar of Safety Services Chris 0!11111, who -with her in Seaalc for this lDCJDICl!ffllllawud. Director OIDI said this is tuming into a Ncigllborllood Wardl meeting. It was a lot of fun to be out in Seaale, be said, and it -quite an honor to have Offic:cr Peterson receive this award. He thanked Mr. Smith, and tbe folks from NHTSA, who aclUllly did a lot of-t on this. He said they were just thrilled IO dcldl tbal Ms. Peterson rcceiwd tbe award from Dr. Mutinez. He said this shows the dedic:alion that she has. and that ~ in Safely Services and the City has. in providing the best ._. of services we can to the community. He congratulated Officer Pdcrul. Mayor Bums said be and Council would like to a,ngrllUlltC Officer Peterson a well. He said they have worbd with her for sm:ra1 years on these programs and she is a treasure we have in the City who orpni7.cs us all in amazing ways . If you get anywbeR near her, be Slid, you bavejusl volunteered. (c) Mayor Bums invited everyone to join in a brier rueption honoring Officer Pctcnon and the two individuals who helped in naming the CityCeder prujcc:t . The meeting recessed at 7 :47 p .m .• reaJll\'Clliag • 1:06 p.m. with Ill lllClllbers praent. There wae DO non-scbcdulcd visitors. 8. 1111 9. Plllllic Beariaa No public bearing -scheduled before Council. 10 . C__.A__.. COUNCIL MJ:MalR aRADSBAW MOVED, AND IT WAS SICONDID, TO APPROVE CONSENT AGENDA ITIMS 10 (a) (I)_. (ii) ON rDIST READING. (a) Approval of Onlinanca on Finl Reading (i) COUNCU. BILL NO. 27. DffllODUCED BY COUNCU. MEMBER BRADSHAW " - • I --"' , i' ': 1 • . ' • . .. •· • 0 1 32 x l - • • • • • Englewood City Council April 19, 1999 Page4 A BILL FOR AN ORDINANCE AU11fORJZING A GRAm' OF TWO ELECI'RICAL LINE EASEMENJ'S BETWEEN 11iE CITY OF ENGLEWOOD, COLORADO AND PUBLIC SERVICE COMPANY OF COLORADO. LOCATED IN ROMANS PARK. (ii) COUNCll.. BILL NO . 29, ll'mlOOUCED BY COUNCll.. MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 143 TO 1llE SOlTIHGATE SANITATION DIS11UCT CONNECTOR'S AGREEMENT FOR 11iE INCLUSION OF LAND Wl1HIN 11iE DIS11UCT BOUNDARIES . Ayes : Nays : The motion carried. Council Members Nabbolz. Gama. Bradshaw, Habenicht, Waggoner, Grazulis, Bums None (b) Approval oCOrdinanceson Second Reading COUNCB. MEMBER N.UBOLZ MOVED, AND rr WAS SECONDED, TO APPROVE AGENDA ITEMS 10 (b) (I) ud (10 ON SECOND READING. (i) ORDINANCE NO. 20, SERIES OF 1999 (COUNCll.. BILL NO . 19, ll'mlODUCED BY COUNCll.. MEMBER BRADSHAW) AN ORDINANCE GRANllNG A TEMPORARY CONSTRUCTION EASEMENT BETWEEN 11iE CITY OF ENGLEWOOD. COLORADO, AND CENTENNIAL WATER AND SANITATION DIS11UCT FOR CONSTRUCTION ACTIVJ11ES REQUIRED FOR INSTALLATION OF UNDERGROUND AND ABOVEGROUND l.TTILITY LINES TO SERVE A PORTION OF HIGHLANDS RANCH. (ii) ORDINANCE NO. 21, SERIES OF 1999 (COUNCll.. BILL NO . 26, ll'mlOOUCED BY COUNCll.. MEMBER BRADSHAW) AN EMERGENCY ORDINANCE AlmfORIZING 11iE VACATION OF RIGKT-OF-WAY ALONG 11iE ~ BLOCKS OF WEST FLOYD A VENUE BY 11iE CITY OF ENGLEWOOD , COLORADO . Ayes : Nays : The motion carried. Council Members Nabbolz. Garren. Bradshaw, Habenicb1. Wagoner. Grazulis. Bums None (c) RClol~ ud Malions COUNCll. MEDER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS II (c) (0, (ii), (Iii), (IY), (•), AND (Yi). (i) A MOTION SUPPORTING 11iE 2000 RAll..-VOLIJllON CONFERENCE. (ii) RESOLUTION NO . 411, SERIES OF 1999 . ' .. •· • 0 '32xl • • • 0 • Englewood City Council April 19, 1999 Pages A RESOLUTION SUPPORTING MMETRO VISION 2020" OF TifE DENVER REGIONAL COUNCll. OF GOVERNMENJ'S' PLAN. (iii) DESIGN CON'lltACl'S WTl1f COCAU.AS .t HOSKINS AND LAND ARCHITECIITS FOR DESIGN AND LANDSCAPE ASSISTANCE FOR TifE SOU'lll BROADWAY ACTION PLAN IMPl.EMEt(I' A 110N. (iv) LE1TER OF SUPPORT FOR TifE METRO CITIES COALmON BROWNFIELDS CLEANUP REVOL VINO LOAN FUND . (v) PURCHASE OF A SKID S1cER LOADER FROM WHITE ST AR MACHINERY IN TifE AMOUNT OF $23 ,031 .00 . (vi) PURCHASE OF TWO JACOBSEN TIU-KING MOWERS FOR GOLF COURSE MAINTENANCE FROM HIGH TI.JRF EQUIPMENT, INCORPORA 11ID IN TifE AMOUNT OF $32,772 .00 . Vote raalb: Ayes : Nays: Council Mcmben Nabholz, Ganctt. Bradshaw. Habenicht. Waggoner. Grazulis. Burns None The motion carried. II . ReplarAeeaM (a) Approval of Ordinances on First Reading (i) Director Gryglewicz presenlcd a recommcndalion from the Depanmenl m Financial Semces 10 adopt a bill for an ordinance c:rcaling a Housing Rcblbililalion Fund and designating the fund • ~enterprise." He said the bill creares a separate Housing Rdlabilitalion Fund 10 account for the activities that would occur with the rchabililation. It also clesignaaes this as an elllelprile under the provisions mT ABOR. Council Member Bradshaw asked how many Housing Rehab Funds we will have . She asked if it is just the one that Janet Grimmett does. Mr. Gryglewicz said yes. and this will just allow it 10 be accounlcd for separately and put it into the City Code . The Deputy City Ciak rad the council bill by title: COUNCll. Bll.L NO. 28, INTRODUCED BY COUNCll. MEMBER BRADSHAW A Bll.L FOR AN ORDINANCE AMENDING TITLE 4, CHAP'IER 3, BY TifE ADDmON OF A NEW SECTION 13, ENITll.ED MHOUSING REHABll.lTA110N FUND". COUNCIL MEMBER BRADSHAW MOVll:D, AND IT WAS SECONDED, TO APPROVII: AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 21. Ayes : Council Mcmbcn Nabholz, Ganeu, Bradshaw. Habcnicbt, Waggoner, Grazulis. Bums Nays : None " - •· • 0 • • • Englewood City Council April 19, 1999 Page6 The motion carried. • • • (b) Approval of Ordinances on Second Reading t • (i) A biU for an ordinance authorizing the exccutioa of lntergoYcmmelllal Subgrantee Agreements for the 1999 Arapahoe County Community ~ Block Gram Program was considered. ORDINANCE NO . 22, SERIES OF 1999 (COUNCll. BILL NO. 21, INTRODUCED BY COUNCll. MEMBER HABENICHT) AN ORDINANCE APPROVING AND AUTifORIZING 1HE EXEClmON OF AN INTEROOVERNMENT AL SUBORANTEE AGREEMENT FOR 1HE 1999 ARAPAHOE COUNTY COMMUNITY DEVELOPMEJIIT BLOCK GRANT PROGRAM BETWEEN 1HE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND 1HE CITY OF ENGLEWOOD . COUNCll. MEIDER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (It) (I) ON SECOND READING. Ayes : Council Members Nabholz, Garrett. Bradshaw, Habenicht. Waggoner, Grazulis, Bums Nays : None The motion carried. (ii) A bill for an ordinance authorizing an lnterpemmenlal Agreement with the Englewood Housing Authority for the purpose of improving coonlimlion and clarifying respective obligations was coasidcrcd. Mayor Burns advilled that be would be abslaining because this inwlves the Housing Audlority and be is the Council Member on the Housing Authority Board. ORDINANCE NO . 23, SERIES OF 1999 (COUNCll. BILL NO. 22 , INTRODUCED BY COUNCll. MEMBER HABENICHT) AN ORDINANCE AU1llORlZING AND APPROVING AN AGREEMENT BETWEEN 1HE CITY OF ENGLEWOOD, COLORADO AND 1HE ENGLEWOOD HOUSING Al11110RJ1Y FOR PURPOSES OF PLANNING , FINANCING, ACQUIS"10N, CONSTilUCTION , RECONSTilUCTION, REHABll.lTATION , MAIN'rnNANCE, MANAGEMEJIIT, AND OPERATION OF HOUSING PROJECTS PURSUAJIIT TO A MUL TIJURJSDICTIONAL PLAN TO PROVIDE AFFORDABLE HOUSING TO ENGLEWOOD RESIDEJIITS . COUNCIL MEIDIR NAaBOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (') (U) ON SECOND READING. Ayes : Council Members Nabholz. Garrett. Bradshaw, Habeaicbt, Wagoner, Grazulis Nays : None Abluin : Mayor Bums The motion carried. (iii) A bill for an ordinance approving amendments to the Eaglcwood Municipal Code conocming permit fees for p-cmmcntal construction wort was coasiclen:d. "' - •· • 0 • Englewood City Council April 19, 1999 Page 7 • 0 I• • ORDINANCE NO. 24, SERIES OF 1999 (COUNCIL BILL NO . 23, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING TITLE 8, CHAPTER I , SECTION 6, PARAGRAPHS A AND B, ENGLEWOOD MUNICIPAL CODE 198S, CONCERNING PERMIT FEES . COUNCU. MEMaER aRADSBAW MOVll:D, AND IT WAS SECONDED, TO APPROVE AGENDA ITll:M II (II) (Iii) ON SECOND READING. Ayes : Council Members Nabholz. Gamtt, Bradshaw, Habenicht. Waggoner, Grazulis. Bums Nays : None The motion carried. ( c) Resolutions and Motions (i) Dim:tor Giyglewicz presented a recommendation from the Department of Financial Services to adopt a rcsoluuon approving the transfer ofSS 13, 182 .4S from the ProjClct BUILD Fund retained earnings to the General Fund. These monies will be used for property purchases that the City has already dia:usscd. be advised. The resolution was assigned a number and read by title : RESOLUTION NO. 49, SERIES OF 1999 A RESOLUTION APPROVING 1llE TRANSFER OF 1llE BALANCE OF PROJECT BUILD FUND . COUNCU. MEMaER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITll:M 11 (c) (I) -RESOLUTION NO. 49, SERIES or I,,,, Ayes : Council Members Nabholz. Gamtt. Bradshaw. Habenicht, Waggoner, Grazulis. Bums Nays : None The motion carried. (ii) Board Direc:tor Simpson presented a recommendalioo from the Englewood Environmental FOUDdation to adopt a resoluuon supporting a First Amendment to the Pre-Development Agreement with Miller/Weinganen for~ of the CityCcntcr project. He advised that the foundation iqes Council to mppon this n:soluuon . The resoluuon was aaigncd a number and read by title: RESOLUTION NO. SO, SERIES OF 1999 A RESOLUTION SUPPORTING 1llE WFIRST AMENDMENT TO PRE-DEVELOPMENT AGREEMENJ"' WTl1f MILLER/WEINGARTEN REAL TV. LLC ., FROM 1llE ENGLEWOOD ENVIRONMEIIITAL FOUNDATION FOR 1llE CINDERELLA CITY REDEVELOPMENT . COUNCIL MltMaER NUBOLZ MOVll:D, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (II) -RltSOLU110N NO. 50, SERIES or I,,,. Mayor Bums llatcd thal this -cliscuaed extensively al the Executive Sasion tonight. and is an agreement to support the ,encraJ lmlll and conditions of an qreement aaached. Some of the ddails have • ..... - •. .. ,,, •· • r,,, . Id t - • • • l • • Englewood City Council April 19, 1999 Pages to be worbd out, but it is ID endorsement of the general terms by the Council to mc,ye tbis pn,ject along. cspccially our agreement with Miller/Weinganen. Ayes: Nays : Council Members Nabbolz. Gama. Bndlbaw, Habenicht, Waggoner. Gnzulis. Bums None The motion carried. (iii) A recommendalion from the Depanment of Financill Services to adopt a resolution approving a suppkm cNal appropriation and transfer of liands from the Gc:neral FUDd to the Englewood Urban Renewal Audlorily for legal servic:cs was c:onsidmld. The n:solution was assigned a number and read by title: RESOL1JTION NO . SI, SERIES OF 1999 A RESOLUTION FOR A SUPPLEMENT AL APPROPRIATION AND nANSFER OF FUNDS FROM 1llE 1999 BUDGET TO 1llE ENGLEWOOD URBAN RENEW AL AlTIHORITY (EURA). COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iii) -RESOLUTION NO. 51, SERIES Of lffl. Ayes: Council Members Nabholz, Gama. Bradshaw, Habenicbt, Wagoner, Grazulis, Bums Nays : None The mocion carried. (iv) Aclill& Director Kalun praeated. ,..,...mrncl#ioa from llle Depanment of Public: Worb to llllllftM:. by aolioa, a CIOIIIIJUClioo C011baCt for Coacrcle Propam 1999. He m,omllM'l!dcd the ClOIIUaCI be awarded to Concrete Worb of Colorado. hlcolporltcd. stating tbal we haw extensM expa ieace with tbal company . They arc presently working our paving diluict, they also did IIIOll oftbe ..t II Belleview ud Sula Fe for that Stale project. be said. ud we fed~ fortunate to ~ tbis firm . 111cirbid was iD the IIDOUllt ofS122,630.00 be said. adding tbal. milling from the bid tab, was the fact tbal the CllpllCICl''I Clblllale was about$ 138,000.00. COUNCIL MEDER WAGGONER MOVED, A.ND IT WAS SECONDO, TO APPROVE A CONSTRUCTION CONTRACT ,OR CONCRETE PROGRAM .,,, Wl1B CONCDTE WORKS OF COLOllADO, INCORPORATED IN THE AMOUNT OF SIJUJl,N. Ayes : Couacil Memlla's Nabbolz. Gama. Bradlllaw, Habe11ic111. Wagoner. Grazu1is, Bums Nays : None The mocion c:arried. 12 . '"-'al DIN Ir (a) Mayor's Clloice (i) Mayor Bums tbanbd Council ud lla8' for lbe rellal,, ........... lluqeliq-. oa Salunlay. II was~ succeaful. be said. c:oa,rallllalin City Ma...-San ad lla8' for their pod prnencacions I' - • . .. 0 •· • - • Eapwood Cily C--=il April 19, 1999 PIF9 • 0 , . • (ii) Mayor Bani aid lie IIClliml a leaer from Phyllis Rigs about Anlplboe Acres. SIie -ID dliak .. 1k ...... -applied for came OUI of the aiffers of the City mEaglewood, be aid. He felt IUI a -.,.-1111111111 be 1en1 clarifying that it comes from the: State Historical Society and .. ~ 1k City ca&n. (i) C-=il Maabel' Bradsbaw : I . She poillllDd OU1 dlat the Nalioaal Lague m Cities CCltificale indic:ated that Mayor Bums wu mayor of Englewood. California. 2 . She thanked staff for the good information as far as recycling programs, because that rmly belped. 3. Ms. Bradshaw said Council m:moed a letter from Paul Drcshler. She felt it should be referred to Neighborhood and Business Development. She said be owns an apanment building on Oxford and wants to put some aft'ordably priced townbomes on it. 4 . She thanked staff for the wonderful session on Saturday . It wasn't boring at all, she said. and it moved quickly and that is a credit to their taking Council's comments last year to bean. City Manager Sears said thanks to the staff: they rmly did a good job. (ii) Council Member Grazulis said she attended the last pan of the Library Board meeting last Tuesday and one of the large coacems wu OYer the original space that was given to the Englewood Historical Society. Now they have nooc. she said, and they want some space and they want people to look at their needs. Council Member Nabholz said they bad clarified that. Council Member Habenicht came to the Historical Society Board meeting last Thursday morning and brought this same concern. she explained. It is a partnership. and we are all going to sbare the space . The Historic:al Society is DOl going to take away from the Friends ofthc: Libra,y, nor is the City going to take away from any of these other groups, she advised. (iii) Council Member Habenicht said she bas been attending a forum on growth today and tomorrow at the Sc:bool mPublic: Affain a1 c .u . They are bringing in people from all OYer the country to talk about urbln sprawl ad aaart growth. she advised . John Parr wu then: ud talked about Metro Vision 2020 and said IClllle rmly aic::e things about the CityCenter redn-dopmenL She felt it wu really nice to see bow well we are bcillg m:moed and bow we are being talked about ewrywhcre. Council Member Waggoner said lie bad a question about the: growth plan and Metro Vision 2020 . He said be glanc:ed through that but did 111111 see a law oa waste removal . He felt that would rmly be u i-. and commented that be did 111111 see a lot oa it. · Council Member Bradshaw said Gelqe Allen bas always said we should burn it. Council Member Waggoner agreed that inc:illCrllion would be the way to go. Council Member Bradshaw agreed. Mayor Bums said he did DOl ~ ifDRCOG bas a c:cnaia limitedjurisdiclioa in whal they addnll. ud maybe that is oae of the l'CUOIII wlly . He agreed that this is c:cnaialy a big isme. ' - I· • 0 ' • • Englewood City Council April 19. 1999 Page 10 • 0 • Council Member Habenicht said she will be happy to bring it up . • • • • • Council Member Bradshaw said she called the three council members fiom Sheridan over the weekend and thanked them for supporting our stand. She felt it was nice to see that people beard what our n:sidents said. ••••• Council Member Nabholz said today she met with Wayne Oakley and Dell Montgomery. They met with Denver regarding working with the Slreels. It is nice that they have a new individual on board that is willing to work . She said she is very proud of our guys. They take the time and efl'on, and they have it all clown on paper. Englewood bas always tried. she said. but Demer bas been the one that said no, they don't want any part. Also, she said. ifwe ever have a Monday, where it is the faftb Monday that we don't have a council meeting, she would like to consider going back to the WutcwalCr Treatment Plant and inviting all the boards and commissions to one big meeting. She said she hears it from all the different Council members that this commission needs to talk to that commission. and she fdt it was long over due. Maybe sometime this summer. she said. Council Member Habenicht agreed that this would be a good idea, possibly at the Malley Center if there was not -gb space at the plant. Mayor Bums said some cities have a breakfast once a month, sometimes it is just the chain of the various commissioas. Since we don't have regular meetings with them, like we used to at the Study Sessions, be said. we get kind of detached from them. • •••• Mayor Bums said Roy Palmer, the Governor's Chief of Staff: called him at home this morning about the conc:ealcd weapons bill. Senate Bill 84 bas gotten more publicity latdy than probably JJOS in the House, be said, but both of them now contain restrictions and we m: probably going to have more confemice committee action. CML said this changes so fut you can 'I keep up with them on a daily basis. be said. He said be stressed the issue: of local control and where tbele can be taken and how they can be controlled. Mr. Palmer assured Mayor Bums that this is still in the bill. Mayor Bums said it is something we need to be continuously keeping in touch with CML oa rqanling the puticulan of the bill, and they seem to bear loud and clear what the cities m: saying. Hopdwly, when thole two finally get together, thole ratrictions will still be in there, be said. opining that the CicMrDor will sip the bill and is going to rccopu.e that this is something of SlatcWide conc:em . The important thing is to let local communities have mme decision-making in this. and they assurcd him that this is still one of their objectives . 13 . City Muqer'1 Report (a) City Manager Sean lhanbd c:ouncil and Slaff' for putting together the preaentalion Saturday. He said be was very happy with the pis and the financial and the Y2K. TbeR were a lot of items and the staff' worked bard. He said be appreciated the input from Council . • ... •· • 0 , .············-------·--------------,r--"".'·----"l!ar-L.' I a -I • I . " 0 • I~ itJ t(i a J 111 Jll!I f!f : t [fl 1-~J Ji B(~E r~fiJ~~ ~o I J•! f 1. f ( lua l'f:~.s i ! Jf1 It : 1 ~!f IJ1 lf i Ji i1 I (if jl If I §11 ; i I 1 ' I 1.I--J 1 1 11. 1 ,·r ie'·• r fl sr.f : 8 11~ :11:., J. If I 8 : l i ~ i ,· I~., f . 1 lf f l~ 1't f 'J1 ·1 1 P " iJ1 ~ i J ,. • f l ( ~11 ~ t tJ aJ 1~.,~ i Ii I f ' . ff If 1· ' 11' 11811 11 ii Jirl 'i'f~ ,I si .~, ',,, I . i l a I-i I J.1 I f If ffl l I , I .. • 7 " 'II. I ' ... . ,· ... • • • 0 .. - PROCLAMATION WHEREAS . each yea r the City Council of t he City o f Englewood. Colorado honors a citizen who h as m ade signi fi cant co ntributions to the community of Englewood ; and WHEREAS . Doris (Dori ) Naza renus h as been an En glewood re si dent for for fifty-six years and is a ve ry importa nt member of t he commun ity; and ,,. WHEREAS , Dori has be en an inspiration to the business co mmunity, helping to found the G reater Englewood C h amber of Commerce a nd serving as its Exe cutive Director for twelve years; and WHEREAS . Dori helped to t ra n sfo rm t he b a n king industrv in Engl ewood by be comin g o ne of the first women to be appo inted v ic e pres ident of a bank. a nd by implementing hi story -making program su ch a cha rge ca rd s a nd t h e sa le of war bo nds; and WHERE-\S , Dori h a been active throughout the yea rs o n ma n v boards, o rga ni zations, and as ociation ·. including En gle wood Bu siness a n d P rofessional Women ; Arapahoe Community College Advisory Board; :--.lational Kidney Foundation Adviso rv Bo a rd ; Natio n al Association of Bank Women; a nd American Women of Radio and Television ; a n d WHEREAS . the En glewood City Coun cil wishes to honor Dori fo r her many co ntributions and fo r the inspi ratio n sh e h as provided the residential and bus in ess co mmun ity of Engle wood ; NOW , THEREFORE. we, the Citv Counci l of t he City of En gle wood, Colorado , hereby take g re at pride in proclaiming Dori Nazarenus as Englewood 's Citizen of the Year for 1999 ADOPTED AND APPROVED this 3rJ Jay of May . I 999 . Thomas J. Burn s. M ayo r Be verly J. Br ad haw , Council M ember c:,.anJra H abenicht , M.iy o r Pro T em Douglas Garrett, Council Member Julie A. Grazuli ·. ouncil Member Ann abholz, Council ~!ember 8 a Kell s W aggoner, Cou nci l Member Pnnted o n Recyc led Pape,Jj : • I 0 - • • . ' Date May 3, 1999 Initiated By • • I • • COUNCIL COMMUNICATION Agenda Item 10 a i Staff Source Subfect Grant of Permanent Easement and Temporary Construction Easement for Centennial Pump Station at Mclellan Reservoir Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Agreement between City of Englewood and Mission Viejo Company dated November 3, 1980. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their April 20, 1999 meeting, recommended Council approval of the Grant of Permanent Easement and Temporary Construction Easement for Centennial's proposed pump station at Mclellan Reservoir. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Centennial Water and Sanitation district is proposing construction of an additional pumping station to transfer raw water from the Mclellan Reservoir to their water treatment plant serving Highlands Ranch. The purpose of the proposed pump station is to increase the District's raw water transmission capacity from 22 mgd to 40 mgd. Centennial leases 65% of the storage capacity in Mclellan Reservoir from the City of Englewood. The pumping station will be located on the southwest shore of Mclellan Reservoir ad;acent to the existing spillway and will be fully enclosed in a masonry block building . The attached Grant of Easement is for a temporary easement for construction and a permanent easement for the Centennial Water and Sanitation District Pump Station. Englewood originally approved the pump station easement in their agreement of November 3, 1980 with Mission Viejo in Paragraph VII, 7 .1 -Easements for Mission Transmission Facilities. The original agreement allows a •non-exclusive easements over, under and across any property owned or controlled by Englewood for the construction, operation, maintenance, repair and replacement of water intake structures , lines and facilities which are necessary or desirable for the transmission of water to be furnished under this Agreement from the points of delivery of such water to any water treatment plant or treatment plants serving Highlands Ranch ." FINANCIAL IMPACT None. UST OF ATTACHMENTS Proposed Bill for Ordinance Grant of Permanent Easement and Temporary Construction Easement ' • . • • 0 f ,..,.. I - • ORDINANCE NO. SERIES OF 1999 • • • BY AUTHORITY ABILLFOR t• COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN OIDINANCE 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, authori7.ed 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 , authori7.ed 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 pauage 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 pauage of thia Ordinance a permanent easement is hereby granted to Centennial Water and Sanitation District, for the construction, maintenance and operation of thia additional •tation; 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 atation at their April 20 , 1999 meeting; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section l . The Grant of a Permanent Easement and Temporary Construction Easement to Centennial Water and Sanitation Diatrict, and the City of Englewood , Colorado , attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council . Sectjon 2 . The Mayor ia authorized to execute and the City Clerk to atte•t and seal the Grant of a Permanent Euement and Temporary Con•truction Easement to Centennial Water and Sanitation District for and on behalf of the City of Englewood, Colorado . -1- ,,,_ • . I· • 0 - • • • ·, • (, Introduced, read in full, and paaaed on first reading on the ~ day of May, 1999. Published as a Bill for an Ordinance on the 7th day of May, 1999. Thomas J . Bums, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I, Loucriahia A Ellis. City Clerk al the City of Ens)ewood, Colorado, hereby certify that the above and foregoing ia a true copy of a Bill for an Ordinance, introduced, read in full, and pasaed on first reading on the 3rd day of May, 1999. Loucriahia A Ellis -2- . , • • • 0 - • • • • I• • GRANT OF PERMANENT EASEMENT ANll TEMPORARY CONSTRJJCT!ON EASEMENT EXHIB!TA THIS Permanent Easement is 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 as "the City/Grantor", whose address is 3400 South Elati Street, Englewood, CO 80110, and THE CENTENNIAL WATER AND SANITATION DISTRICT, a Colorado quasi-municipal corporation, (hereinafter referred to as "the District/Grantee") whose legal address is 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/Grantor 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 l) 2 . Temporary Eagment Property . The "Temporary Easement Property" shall mean the real property, owned by the City/Grantor, located in the County of Douglas, State of Colorado, substantially as depicted on the maps attached hereto and incorporated by reference herein. (See Attachment 2) 3 . Conajderatjon . As consideration of this Permanent Easement Grant, the District/Grantee has paid to the City/Grantor the sum of Ten Dollars ($10.00) and other good and valuable consideration paid by the District/Grantee, receipt of which is hereby acknowledged by the City/Grantor. 4 . Grant of Permanent Eagment. The City/Grantor hereby grants to the District/Grantee, its succe880rs and 888igns, a perpetual, non-exclusive easement over, BCJ'088 and through the Easement Property for the purpose of construction, maintenance and operation of a pump station. 5 . 6 . Grant of Temporary Conatruction EaKment . The City/Grantor hereby grants to the District/Grantee, and auign.a , a temporary non-exclusive construction easement upon , over and acro88 the temporary construction easement property for the purpose of using and occupying the property during the initial construction of the pump station. The District/Grantee will restore the surface of the Temporary Construction Easement to the same condition it was in, aa near as practicable, immediately prior to the granti ng of this Temporary Construction Easement. Al:l;cu. The D1stnct/Grantee shall have the perpetual. non-exclusive right of ingreu and egress, in , to, over, through and acro88 the Easement Property for any purpose nece88B ry or des irable for the full enjoyment of the rights granted to the District/Grantee under this Permanent Easement Grant. ,,, - .... ,---""' . :1''11' ' ' • ' .. • • • 0 -• • • '· 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 inconsistent with, and do not interfere with, the easement and rights 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 buildings, structures, trees, or other obstructions on the Permanent Easement Property which would preclude, injure or make more difficult the exercise by the District/Grantee of rights granted to the District/Grantee hereunder. 9 . Abandonment . In the event that the District/Grantee shall abandon the rights granted to it under this rant of easement, all right, title and interest hereunder of the District/Grantee shall oeaae and terminate, and the City/Grantor shall hold the Easement Property, as the same may then be, free from the rights of the District/Grantee so abandoned and shall own all materials and atructurea of the District/Grantee so abandoned. 10. Bjndjng Eft'ect. Thia Grant of a permanent easement shall extend to and be binding upon the heirs, personal representatives, aucceaaora and asaigneea of the reapec:tive parties hereto. The terms, covenanta, agreements and conditiona in thia Permanent Easement Grant shall be conatrued u covenants, running with the land. IN WITNESS WHEREOF, the parties hereto have executed this Permanent Easement Grant the day and year first above written. CITY OF ENGLEWOOD, COLORADO • GRANTOR By : _____________ _ Thomas J . Bums, Mayor ATTEST: Loucriahia A. Ellis, City Clerk -2- • I • ... •· • 0 , • . ' -• ·, • .. CENTENNIAL WATER AND SANITATION DISTRICT· GRANTEE By:-------------.. STATE OF COLORADO 88. COUNTY OF ARAPAHOE SUBSCRIBED AND SWORN to before me by ________ of Centennial Water and Sanitation Diatric:t, tbia __ day of _______ ~ 1999. Notary Public My commiaaion expiree: • • 0 -3- - • sc:~i ar:,., s & w, P. c.; • . ~ • '· LEGAL DESCRIPTION PERMANENT EASEMENT .. A T T A C H M E N T A PARCEL OF LAND FOR A PERMANENT EASEMENT BEING A PORTION OF THE SOUTHEAST l QUARTER OF SECTION 32. TOWNSHIP 5 SOUTH. RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN , COUNlY 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 8 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN SEARS NORTH n·,r..a· EAST2"8.92 l'EET; THENCE NORTH 51•,w""• EAST 112.38 FEl!T TO THE TRUE POWTOF BIGINNING, SAID POINT IEING ALSO ON THE NORTHEAST!RL Y LINE OF AN EASEMENT TO CENTENNIAL WATER AND SANITATION DISTRICT, DESCRIIED IN BOOK ,11. PAGE 403. MN'NiOE COUNTY RECORDS ; THENCE LEAVING SAID NORTHEASTER1. Y LINE NORTH 2ro11''5" EAST &c.88 FEET; THENCE SOUTH 8T10'06" EAST 133.33 FEET; THENCE SOUTH 2ro1l'02" WEST 29 .0I FEET; THENCE SOUTH 1r10'32" EAST 18 81 FEET TO SAID NORTHEASTERLY LINE, THENCE ALONG SAID NORTHEASTERLY LINE NORTH 53•00'00" WEST 20C 32 FEET TO THE TIIUE POINT OF HGINNING. CONTAINING 0.27' ACRES (12,CM2 SQ. FT.), MORE OR LESS . EXHIBIT ATTACHED ANO MADE A PART HEREOF . C REY TENN COLORADO REGISTERED LAND VEYOR L.S. 17&ee FOR ANO ON BEHALF OF AZTEC CONSUi. TANTS, INC . 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I ~'. ,, • • 0 1 32 x l - • • ,._ • ,~ • , COUNCIL COMMUNICATION Date Agenda Item Subject Extension of Wastewater May 3, 1999 10 a ii Transmission Agreement Initiated By I Staff Source Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Waste Management, South Arapahoe, Arapahoe County and Englewood entered into a Wastewater Transmission Agreement on January 21, 1985 for the treatment of collected storm water from the landfill. The 1985 agreement was extended and modified by an Amendment dated October 1, 1990 to allow a lift station and dewatering sump. In June, 1995 Council approved a First Amendment to the Consolidated Amendments to Agreements for a second separate connection to permit the discharge of potentially contaminated effluent from a groundwater collection, pumping and transmission system located at the Fairways of South Suburban. RECOMMENDED ACTION Council approval of the Extension of Wastewater Transmission Agreement between South Arapahoe Sanitation District, Southgate Sanitation District, the Board of County Commissioners of the County of Arapahoe, the City of Englewood and Waste Management of Colorado, Inc. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The County owns the County Line Landfill and Waste Management Company is the operator and manager of the landfill. Rainfall and natural drainage have resulted in water containing contaminants to collect at the landfill site . The proposed agreement would allow the County to continue to treat and discharge collected stonTI water, which would then flow into the Big Dry Creek Interceptor, which is owned in various segments by Southgate and Englewood and ultimately discharges into the Bi-City Wastewater Treatment Plant. The proposed Agreement would authorize an extension of the Wastewater Transmission Agreement dated March 31 , 1995 until May 15, 2002. FINANCIAL IMPACT All engineering, construction and connection fees will be incurred by Waste Management Company. The City of Englewood will collect treatment charges based on usage from the landfill site. Connection charges are waived under the assumption that the Landfill dewatering program is temporary. UST OF ATTACHMENTS Extension of Wastewater Transmission Agreement Ordinance .... ..... • . .. •· , -• ,, -. • • (. I, Loucrishia A. Ellia, 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 pasaed on first reading on the 3rd day of May, 1999. Loucrishia A. Ellia -2- •. .. • • l -• • • ,. - • • IJTENSIQN OP WASTEWATER TllANSKISSIQI IQlllJRIIIT 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 WHEREAS, 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: 1. Paragraph 14.1 of the Agreement is hereby amended to provide as follows: 14.1 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, whichever shall first occur. 2. The final sentence of 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. J. 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 fees .... • E X H I B I T 1 .. •· • . • 0 -• • t• . • ' incurred in responding to the request for a three-year extension, and shall pay such reiml:Jursement 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. ~ca -~-~ rtf. Bruce, Secretary (S E A L) (S E A L) SOUTH ARAPAHOE SANITATION DISTRICT ~<"" /") ;/- By ~l[tl4i,~ David Chr~tensen, President Date 4'~ u .-'[<j I BOARD OF COUNTY COMMISSIONERS, COUNTY OF ARAPAHOE fD~Pa:2 cii'a n / Date 3-z. "!,./1'f -2- • .. .: ,. • 0 I - ATl'EST: • • CITY OF ENGLEWOOD, COLORADO WASTEWATER ENTERPRISE By__,.--------------- Title :n:nms J Burns, Ha~r Oat•·~-------------- Title rrnrrisbia a EJJ is City CJ erk (S E A L) ATl'EST: ~.,. (S E A L) ATl'EST: DISTRICT, counties WASTE MANAGEMENT of COLORADO, INC. By:~ niriuter,vcefui Environmental Manag ... nt ~e.1wtiffJktf~~ (S E A L) -3- •· • 0 I ~., XI - - • ... • • (. 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 TRANSMl:SSION AGREEMENT, and declares that it consents to the same having been entered into by tha other parties to said Basin ~nterceptor Agreement. Dated this 1.5'/lt day of Af/et~ 1999. A'lTEST: By:~~ct-~ Ben u7.osin. Secretary D:\DLf\lAIA\LAIIIPILL.AGII llardl J1, 1"' -4- SOUTH E?1GLEWOOD SANITATION DISTRICT NO. 1 By:~~~~ Eugene' F. Dunham, President ,. • 0 1 32xl - • • • • • , . • 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 SOOTH 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 of Littleton • F. On or about January 21, 1985, SOUTH ARAPAHOE, the COUNTY, ENGLEWOOD and WMC entered into a Wastewater Transmission Agreement (the "1985 Agreement") pursuant to which storm waters collected at the Landfill have been transmitted to the Plant. The 1985 Agreement was extended and modified by an Am•ndment dated October 1, 1990 (the "Amendment"). G. Under the 1985 Agreement, WMC installed a lift station and dewatering sump at the location shown on Figure l attached hereto and incorporated herein by reference. Said facilities were then connected to SOtrrH ARAPAHOE's facilities at the location shown on Figure las "Existing Manhole to Sanitary Sewer.• Thia system and its connection to SOtrrH ARAPAHOE facilities is hereinafter EXHIBIT A • ' . t•,1 · '' 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 E.~GLEWOOD 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 .1 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 1. 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 SOUTH ARAPAHOE. Further, it shall be the responsibility of the COUNTY -2- -•• ' I· • 0 f - • • • 0 • and WMC to determine all requirements for and to secure any and all other permits and approvals for the work from the appropriate governmental agencies. 4. connections Limited. The Landfill Tap and the Fairways Tap (hereinafter collectively the "Taps") shall 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~ 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:::-mits. 5. l In· the performance of t!leir obligations under this Agreement, the COUNTY and WMC will satisfy, adhere to, and be bound by all of the performance standards, terms, and conditions contained in the following contracts: a. Wastewater Contribution Permit issued by ENGLEWOOD to the COUNTY dated May 15, 1993, and amended in 1995; and b. Connector ' s Agreell!ent between Arapahoe County and the City of Englewood dated August 20, 1984, as amended by Amendment dated June 27, 1987 and Consolidated Amendlllents to Agreements dated July 2, 1990; and c. First Alllendlllent to the Consolidated Amendlllents to Agreements dated March 21, 1995; and A violation or breach of any of such standards, tel"lllS, or conditions will be deemed a violation or breach of this Agreement and will be cause for termination hereof, without regard to whether eithe.r 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 SOUTH ARAPAHOE herein are subject to the provisions of the Connector's Agreement between SOUTH ARAPAHOE and ENGLEWOOD and any successor agreements. 5. J All service furnished hereunder by SOUTH ARAPAHOE and the Interceptor shall be subject to applicable Rules and Regulations of SOUTH 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 .. - -J- • ...... •. .. •· • 0 '32xl • • ,. - 0 I • • 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 ARAPAHOE. 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 charge& 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 withi n 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- • ...... •· • 0 - • • • • I• • 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 downstrea:n 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-clea::ing or other appropriate means. SOUTH ARAPAHOE shall have auch removal or cleaning charges billed by aeparate 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 Be impursement. The COUNTY and WMC aha 11 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 for the Fairways Tap. These expenses include but are not limited to all plan reviews, consultation, observation, inapection, drafting, analysis, conferral, and reporting. The amount of auch reimbursement shall be determined after the Fairways Tap connection is completed and -5- ... • • . .. •· • ' - • 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. l 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 ot 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.l 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. Ell1ergencv Shutoff. SOUTH ARAPAHOE, SOUTHGATE, and ENGLEWOOD shall at all times have the right, without liability for 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- ...... ,, - •· • 0 - • • • , . . • ' 12. 2 The COUNTY and WMC shall monitor contaminants present in the discharge at both the Landfill Tap and the Fair.ays 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 of any changes or new toxic or hazardous material found. 13. cure of Violations. The COUNTY and WMC shall correct any violations or breaches of 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, for all expenses, including engineering and attorney fees, incurred in connection with the corrective work. In the event of litigation, the prevailing party shall be entitled to recover its expenses and costs of suit, including attorney fees and other professional fees and charges. 14. Term; Termination. 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 deter,nines that notwithstanding all efforts to regulate volume and times of discharge, SOUTH ARAPAHOE becomes substantially unable because of impair,nent 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. 3 Upon the ter111ination 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 COu°NTY 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 apd 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 sot.i"TH 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- .. ""' .. ... •· • 0 - ;.1 · •. ., ... . , • • , . • 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 Inte~ceptor 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 Agre .. ent supersedes, terminates and replaces the 1985 Agreement and the Amendment thereto, in their entirety. 16.9 Th• above and foregoing constitutes the whole agreement between the parties and no additional or different oral representation, promise or agreement shall be bindinq upon any of the parties hereto with respect to the subject aatter of thi•· Agreement. IN WITNESS WHEREOF, the parties have set their hands and seals, effective the day and year first above written. -9- - • • 0 , - •, • • - • BOARD OF COCNTY COMMISSIONERS, COCNTY OF ARAPAHOE ATT~T: ~ ' 6thu/7Z j~,4~ Donetta Davidson County Clerk and Recorder (SEAL) ~lflh ucrslaF!s City Clerk (SEAL) : .. . . . •, ' •' -,A• I~::..: : < .· ..... ~It .. '•, ............ • ( l t ~ .. SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas Counties By,~b~,h.4! Gen E~rt, PrHident -10- ' , .. • • 0 1 32 x l - • '· • • • WASTE MANAGEMENT OF COLORADO, INC. By: ~~~.ee .. _ Leonard Butler, Vice President, Environmental Management CONSENT OF SOUTH ENGLEWOOD SANITATION DISTRICT NO. l SOOTH ENGLEWOOD SANITATION DISTRICT NO. 1, being a party to the Basin Interceptor Agreement, acknowledges receipt of a copy of this WASTEWATER TRANSMISSION AGREEMENT, and declares that it consents to the sa.e having been entered into by the other parties to said Basin Interceptor Agreement. Dated this 5th day of ....,,..A.,pc:.,.i .. l ___ , 1995. ATl'EST: SOUTH ENGLEWOOD SANITATION DISTRICT NO. l By:~#.-~ ~~k,Hr Eugen• ~Dunham, President . , .. • • 0 , 'l? )( I - <. Joe NO . HCI-!03 Dm: 4-13-H. 3'f: TJC Damt PD Hcl HYOROLOGIC CONSULTANTS. INC. • • • .. ·--· . a------=--1D - LOCATION OF STUDY ARE.~ . ' • .. • • 0 ---------------------~--------.------------------,.-·--------------------,,-- ORDINANCE NO._ SERIES OF 1999 • • . . BY AUTHORITY COUNCIL BILL NO . 27 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE Al1I'HORIZING A GRANT OF TWO ELECTRICAL LINE EASEMENTS BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND PUBLIC SERVICE COMPANY OF COLORADO, LOCATED IN ROMANS PARK. WHEREAS , in 1974, the Public Service Company installed electrical lines through Romana Park located at 1700 East Floyd Avenue; and WHEREAS, these electrical lines now are scheduled to be upgraded by Public Service ; and WHEREAS, during the design for the upgrading of these electrical lines, it was discovered that easements had not been obtained for the initial installation; and WHEREAS, the Public Service Company has applied for two easements to correct the error which was made in 1974; and WHEREAS , with the passage of this Ordinance two electrical line easements are hereby granted to Public Service Company, one eight feet wide and the second 10 feet wide, through Romana Park; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The Grant of two electrical line euementa to Public Service Company of Colorado, by the City of Englewood, Colorado, attached hereto aa Exhibit 1, ia hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the "Public Service Company of Colorado Euements" for and on behalf of the City of Englewood , Colorado . Introduced, read in full , and passed on fint reading on the 19th day of April, 1999. -1- - 10 bi ' ' .. • • 0 '32xl -• • . • ' <. Published as a Bill for an Ordinance on the 23rd day of April, 1999. Read by title and passed on final reading on the 3rd day of May , 1999. Published by title as Ordinance No. ~ Series of 1999, on the 7th day of May , 1999 . Thomas J . Bums, Mayor ATTEST: Loucriahia A. Ellis, City Clerk 1, 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 pasaed on final reading and published by title as Ordinance No .. ~ Series of 1999. Loucriabia A. Ellis -2- • - .. • • 0 ,,,.,_, I - / Ow.-: S\I\IMR E-Location:..£!!! Floyd A ....... I Soult, Gtp, Sl!!I! • • I• • '· ROWAgenl: P Fotzgetald Doc . No .: 165189 DHcrlplion A-: P F;tzqeraid PlallGrld No.: 215003611 18232 A--•: 550 15"51. Clenve, CO WO.ICREGNo.: 05·ER ·74236 PUBLIC SERVICE COMPANY OF COLORADO EASEMENT • The unders,gned Granlm he,eby acknowledges receipl of good and valuable consideralion from PUBLIC SERVICE CO OF COLORAUO (Compffny). 1225-17.,Slreel. Denver . Colo<ado . 80202 -5533 . ,n consKleraOon o f which Granlor (s ) hereby grants unto said Company , its successors and assigns . non -exclusive easeme111 to construct. oJ)t!rate . mamtam . repair . and replace utility hnes and all h:dures and devtees. used or useful in the operahon of said knes , through, over , under, across . and along a course as satd lines may be hereafter constructed on TRACT OF LAND, Commonly known as ROMANS PARK, situated in the SE 114 of Sectoon J!_. Township~. Range~ of the~ Pnnc,pal Mendian, c,ty of ENGLEWOOD , County of ARAPAHOE . State of Colorado, The easement being described as follows, SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND MADE A PART HEREOF . The easement I & 10 feet ,n -h The SICle boundary lines of the easement shall be lengthened and shortened as necessary to encompass a cont.,uous stup of not less than the above width at all points on Grantor's property crossed by the above descr,bed easemenl and extending lo the boundar,es of adiacent ptope,1-. Together with lhe right to enter upon l80d pte<nrses, lo survey , construct. ,,,..ta,n, operate . repa,r, replace. conlrol, arid use said ulihty Nnes and r-ed h•lu<M and devices. -lo remove objecls inlerfer,ng !herewith, including the trimming of trees and bu"-. and together -the nghl to use so much ol lhe ·ad,.,.n,ng ptemoses of Grantor during surveyH1g , conslruchon . maentenance . repa1,, removal, o, replacernenl of Satd uhlrty hnes and related fi•lures and dev1Ces a5 may lJe re,qU1red to permit the operahon of standard ul .. y construcbon or rf!J)aW m ach,nery The Grantor rese,ves lhe nght lo use and occupy the easement for any pu, pose cons1stenl wllh the nghls and pnv,leges above granted -which _. nol .,,e<tere Wllh or endanger any ol lhe said Company's lac,lrt,es there., or use thereof Such reservat10111 by the Gr antor shall m no evenl mclude the nght lo erect or cause lo be erected any budd,ng1 or structures upon the •-I granted o, lo locale any -home or tr-units thereon In case ol lhe permanent ~t ol lhe enement, al nght, pmnlege , and mteresl granted ahaM terminate The wort< of rnstaling and ,,,..t..,mg said ilr1n and fi•IU<fl shal be done With care , the surface along lhe -' shaft be r-ed subslanbally lo ,ts onginal level and~. Signed thoa ________ day or ___________ .• 19 __ (Type o, print name below each llgflalure line Wllh olliclal lille d corporation , panne,shop, etc) ATIEST: Loucriahia A. Elli•, City Clerk S1'AIE OF COLOAAOO, COUNTY OF l,mpelQt , ... ' GIIANTOR : CITY Of ENGLEWOOO ~J. am.., ~r ft• to,..,.,. inti....,,..,.. •• ............. NI••,,. tt-. ----, ol --------·" __ b¥ IG,_,.."' ..................... : E X H I B I T .. • • • 0 , - - • • • • .. NIJlli. TIIIS IIRI\WINU IS MEI\N l'T() IIEl'llTTIIE I\Tl'l\<'IIEII I E<11\L IIESCRll'l'ION /\NII IS H Ill lNFOMI\TION/\1. l'lJIU'USE.~ CJNI.Y IT WES Nor REl'IU.~%N I' I\ MUNUMENTEU LI\NU SURVEY . .... "' ~ i,..; "' ~ -t IJLOCK I ~ ::i: ~ s ~ <::, "' llT ·1~ B' / ---;;; l'HB l'lllAl{I{~ FILll'l<i l I• 'N. I 11 SCALE: I "= 100' u Ii.AST FLOYD A Vii.. nOMANS PARK Allkh lo: PSco Doc. Ho . 191111 I\N EASEMENT SfllJI\TEII IN 'lllE SOllTlll:I\ST ()UI\R'lliR 01' SECTION .15 , T0WNS111r 4 SUU'lll, NI\NUE 611 Wlc~T OF 'IIIE f,111 l'RIN( '11'1\I. Ml 'Nll>IAN /\NI> Wl'llllN RUMI\NS l'I\NK , MORE l'I\N'llCUI.I\RI. Y IJl!.."l:RIIIEII I\S I~ 11.1.uws; ('UMMENCINO I\T ·n IE SUI rn IWl ~H CORNER 01' 111.0CK 2 01' LI\RRlf'K SUIII IIVISIUN /\NI) 1111.: IN'I ERSECTION 01''1 IIE EI\S I' LINEOI' SOlffll <ai.l'IN STRl,ET /\NII TIIE NOR 'lll I.INEUI' EI\ST fl .UY I) I\ VENUE : Tlll:Nl'E EI\ST 1\1 ONH ·1111: NURTII I.INE <JI' EI\ST l'I.OYIJ /\VENUE I\ IIISTI\NCE OI' l<IINI l'l:ET. 'lllENCE SOUTll 1'1\R/\1.1 .ELTO ·nm EI\ST LINE 01' SUUTII Gll.rlN STRl£T I\ IIISTI\Nl'E OF l'l!NI 1~:ETTO TIIE i'>INTUI' 111:lilNNIN(; ON TIIE SI tUTII I.INE OI ' EI\ST l~.UYIJ /\VENUE: TIIENCE SOU'I II l'I\RI\I.IH . TO TIIE EAST LINE <>I ' sou·111 lilLl'IN STREI ff I\ IJIS rANCE 01'" INI l'EET. TIIENCE WES r l'I\K/\1.LEL TO TIIE sou·111 LINE 01' EI\.H ,~.on, I\VENIJI , I\ DISTANCE 01' lOfNI FEET, TIIENl'li NORTll 1'1\RI\LI .EL 'll) 11111 EI\ST LINE ()I' SOIJTII <al.l'I N STREET I\ IJISTI\NCE OF "(NI l'lil:I' TU I\ l~JIN r UN TIIE SOU'll I LINE or EI\ST l'LOYI) I\ VENUE. Tlll.:NCE EI\ST JU IMI FEET TO TIIE rolNT ()I' IIEUINNINU , COU NTY OI ' I\RAPI\IIOE, STI\TE OF CULORI\LIU. STl-:l:k i\NII i\SSOl:l,\'n,;s •• t) m,x IIM IUAlkJ~1llNili~.1·u llfH\Z , ,nJt S67 -•J4f, l'\fHIJI ' !iliRVlll!nM'AHY R<IMI\N5PARK l~H. lU:ll"lll\SI Ml:N I' JOII NO ... ,11 .n PATPs O.lllM'I - ... • • • 0 I , , • • • • ·, - NOTE : TIIIS l)KAWING IS MEANT HJ DEl'IC.TTIIE A"n'ACIIED LEGAL IJESCKWl'ION ANll IS POii INFOMATl()NAL l'IJlll'OSES ONLY . IT IJOIJS NUT IIEl'KESENT A MUNUMENTEO 1.ANIJ SURVEY . ILAJRIIUCIIC SUIEIID>ll\Yll:'.;IION 'J{_ i-. "' a :i!'; ~ ~ ~ i-; "' 11 SCALE, 1 ,. • 000 '-------l ~~LJ ~ BLOCK I ~ \!) ~ ~ l'.OC:. --- 1'.0.11 . II II 1 I i 10' Wlbe P5u, £1lcM:MIU-I.T -------.1 I.-. 11 11 ,, 11 I '-P.O.T. 111li NIAMtl{:,; PILll'fO :z EAST FLOY/JAVE. AttM:h lo: PSCo Ooc . ND . Iii Ill AN EASEMENT sn UA nm IN l'I IE SOUTI IEAST ()UAKTEK Of SEC'I ION JS. ·1 OWNSI Ill' 4 SIJUTI I. RANlil; 61 WEST OF 'IIIE 61'11 l'RINCll'AL MERIOIAN, ANl) WITIIIN ROMANS l'ARK. MORE rAR I ICULARL Y IJESCRIUED AS FOLLOWS: A I0 .00 FOOT WIOE STRII' OF I.AND LYING 5.UO FEET ON l;ACII SIUE OF TIIE FOLLOWING DESt:RIOED CENTERLINE: COMMENCING ATTIIE SOU'I IIWEST CORNER OF DLOCK 2 UF LARRICK SUIJIJIVISION AND 'IIIE IN 'I ERSEC'l ION OF 11 IE EAST I .IN E OF sou·111 GILPIN STREl:.T AND 11 IE NUR 111 I.INE UF FAS'I Fl OYI> AVENUE : '1111'.Nl'E Slllll'll l'AKALLEI. TU TIIE EASI' I.INE UF SOUTll lill.l'IN S'IRI Fl A l)ISl'ANCE OF 60 00 FEEi : 'I IIFNCE WESI' ALONG TIIE SOU I'll LINE OF EASI' l'I .OYU AVkNUE A IIIS'IANCE OF 12.lNI Ill IIIE l~)INI' OF IIElilNNINli: TIIENCE SOlll'll ANIJ l'ARALLEL Ill IIIE EAS I' LINE OF SOIJI 11 lill.l'IN S mEE I' A IJISTANCE UF I 50 .00 FEET TO 1 IIE l'OINT UF I ERMINUS , SAID l'OINT IJEINU A l'OINTON I IIE SOUTII LINEUF ROMANS l'AIIK . •• ..... .. • • • 0 , xi - • • • , ORDINANCE NO._ SERIES OF 1999 • • • BY AUTHORITY I• COUNCIL BILL NO . 28 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE 4, CHAPTER 3, BY THE ADDITION OF A NEW SECTION 13, ENTITLED "HOUSING REHABILITATION FUND". WHEREAS, by the passage of this Ordinance a new "Housing Rehabilitation Fund" will be created; and WHEREAS, the new "Housing Rehabilitation Fund" will account for housing rehabilitation activities in the City of Englewood ; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Sectjon 1. The City Council of the City of Englewood, Colorado hereby amends Title 4, Chapter 3, by the addition of a new Section 13, entitled "Housing Rehabilitation Fund", of the Englewood Municipal Code, to read as follows : 4-3-13 : HOUSING REHABILITATION FUND: THERE IS HEREBY ESTABLISHED A SPECIAL FUND OF THE CITY OF ENGLEWOOD TO BE KNOWN AS THE "HOUSING REHABILITATION FUND". THIS FUND SHALL BE USED TO PROVIDE FOR HOUSING REHABILITATION ACTMTIES IN THE CITY OF ENGLEWOOD, COLORADO. Section 2. This Fund shall be an "enterprise" as defined by Article X, Section 20 (2)(d). of the Constitution of the State of Colorado. Section 3 . Safety C)auae1 The City Council, hereby finds, determines, and declares that tlus Ordinance is promulgated under the general police power of the City of Englewood , that it is promulgated for the health, safety, and welfare of the public . and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further detennmes that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . Section 4. Seyer&bjlity If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 5 Incon1i1tent Qrdjnance1 All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. -1- .. ... • ...... • . 10 b ii .. •· • 0 - • • • • .. Section 6. Effect, of repeal or modificetion The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held ae still remaining in fon:e for the purposes of sustaining any and all proper actions, suite, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, ae well ae for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suite, proceedings, or proeecutions. Section 7. fl:.nAl.tx. The Penalty Provision of E.M.C . Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and pa88ed on first reading on the 19'1' day of April, 1999. Published as a Bill for an Ordinance on the 23rd day of April, 1999. Read by title and paeeed on final reading on the 3rd day of May, 1999. Published by title as Ordinance No.~ Series of 1999, on the 7th day of May, 1999. Thomae J. Burne, Mayor ATI'EST: Loucriehia A. Ellie, City Clerk I, Loucriehia A. Ellie. City Clerk of the City ol Enclewood. Colorado, hereby certify that the above and foreaoinc ill a true copy ol the Ordinance pUNCl on final readins and published by title u Ordinance No.~ SeriN ol 1999 . Loucriahia A. Ellia -2- .. • • 0 , ~,,~I - • • • • , . •, • '· BY AUTHORITY ORDINANCE NO. SERIES OF 1999 COUNCIL BILL NO . 29 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING SUPPLEMENT NO. 143 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS, Southgate Sanitation District recommends the inclusion of approximately 2.3 acres into the District; and WHEREAS , said inclusion is located in Greenwood Village north of East Orchard Avenue, south of Belleview and west of Colorado Boulevard; and WHEREAS . the zoning of this property in Greenwood Village is for a single-family residence and the proposed use is to remain the same ; and WHEREAS , said annexation of thia additional parcel of land will not increase the tap allocation to the Southgate Sanitation District; and WHEREAS, the Englewood Water and Sewer Board recommended approval of Supplement No . 143 to the Southgate Sanitation District at the April 13, 1999 meeting; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Sectjon 1. The Agreement between the City of Englewood and Southgate Sanitation District entitled "Supplement No. 143 , to Connector's Agreement", which includes approximately 2.3 acres located in Greenwood Village north of East Orchard Avenue, south of Belleview and west of Colorado Boulevard, is hereby accepted and approved by the Englewood City Council . A copy of said Agreement is attached hereto as "Exhibit l" and incorporated herein by reference . Sectjon 2. The Ma yo r and City Clerk are hereby authorized to sign and attest, respectively, the said Agreement for and on behalf of the City Council and the City of Englewood, Colorado. Introduced , read in full , and passed on first reading on the 19'1' day of April, 1999. -1- • ..... • . 10 b iii .. D •· ' - - • • - (, Published as a Bill for an Ordinance on the 23rd day of April, 1999. Read by title and passed on final reading on the 3rd day of May , 1999. Published by title as Ordinance No._, Series of 1999, on the 7th 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 the Ordinance passed on final reading and published by title as Ordinance No. ~ Series of 1999. Loucrishia A. Ellis -2- " -. • . .. • • 0 f 3?xl - • ... • .t • t• . • ' <. SUPPLEMENT NO. _J..41_ TO CONNECTOR'S AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF ENGLEWOOD, acting by and through its duly authorized Ma)oor and City Clerk, hereinafter called the "City," and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas Counties, Colorado, hereinafter called the "District," WITNESSETH : WHEREAS, on the 20th day of June, 1961 , the City and the Distrid entered into an Agreement in which the City agreed to treat sewage originating from the District's sanitary sewer system within the area served by the District. which Agreement was most recently renewed by Connedor's Agreement dated November 16, 1988; and WHEREAS, said Connector's ~ provides that the district may not enlarge its service area without the written co,-,t of the City; NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein set forth, the parties agree as follows : 1. The City hereby consents to the inclusion of certain additional area located in Arapahoe County, Colorado. owned by 8411111 R. llc:Colley and more fully described on Exhibit A attached hereto and i11corpa1 ated herein by reference , into Southgate Sanitation District The City agreN that said additional area may be served with the -. facilities of the District. and that the City will treat the -. discharged into the City's tnmk lino from said additional area, all in acairdanc:e with the Connector's Agreement dated November 16, 1988 . Accordingly, Exhibit A referred to in Paragraph 1 of the Connedor's Agreement dated November 16, 1988, is hereby amended to include such additional area. 2. Each and every other provision of the said Connector's Agreement dated November 18, 1988, shall remain unchanged. IN WITNESS WHEREOF, the parties have set their hands and seals this __ day of __ • 19_. CITY OF ENGLEWOOD By: ""MA"'"V'""OR~--"""''lbmls,,......---,J:-.-=Burns- ATTEST: CITY CLERK -Ioucnshia A. Ellis (SEAL) ATTEST: ~~ {S_EAL) SOUTHGATE SANITATION DISTRICT, ARAPAHOE ANO DOUGLAS COUNTIES, COLORADO By.~~ I' - V ,. H I B I T 1 • . .. I· • 0 , "2'l v I - ·, • • • '· EXHIBIT A (Legal Oes(:ription) The East% ofSlock 279, South Denver Gardens, County of Arapahoe, State of Colorado • I • . • • 0 , ':l.? I • ,, - - 0 I• • .,~ ·I :7 I .. : ... I ·12 i I • I \ ; ) I I , . I I - I I -~ : .,. ~ ·' I 1d1-A · .,.-..· 1.~01~A . ·~·; 1r I i, ! )00 " ,~iLLAGE . ~ 13 1 I\ I I I --·r~ 1 • 'I .• .1 . _. . .. I I I ---. I· • C • f - • RBSOLUTION NO._ SERIES OF 1999 ' • • I • • A BBSOLtmON APPJlOVING AN INCREASE IN BENEFITS FOR THE RETIRED FIREFIGHTERS. WHEREAS , the Englewood City Council approved the City of Englewood's 1999 Budget on October 19 , 1998; and WHEREAS, the Englewood Firefighters' Pension Board have reviewed the increase in benefits for the Firefighter Retirees and recommends approval of a $100 monthly increase for those Firefighters' who retired as of January l , 1998; and WHEREAS. the paSllllge ofthis Resolution will increase the retired Firefighters pension, to become effective July l , 1999 for the retired Firefighters who retired as of January l, 1998 ; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Sectjon 1. The City Council of the City of Englewood hereby approves the increase in benefits for the retired Firefighters Effective July 1, 1999 . All members whose payments commenced prior to January l , 1998, shall receive an increase of $100 .00 per month to their pension benefits with surviving spouses receiving one-third (1/3) of the $100.00 pension benefit increase. ADOPTED AND APPROVED this 3rd day of May, 1999. Thomas J. Bums, Mayor ATTEST : Loucrishia A. Ellis , City Clerk I , Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .~ Series of 1999. Loucriahia A. Ellia ,. - • • I· • 0 '32xl - • • • • - COUNCIL COMMUNICATION Date Agendaltem Su1J1ect Resolution to approve an increase in benefits for May 3, 1999 10 Ci Firefighter retirees effective July 1, 1999 for those retired as of January 1, 1998 lnltlatN By I Staff Source Department of Financial Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has met with representatives of the Firefighters Pension Board in the past to discuss common concerns, including benefits and funding. RECOMMENDED ACTION The Firefighters Pension Board approved a $100.00 per month benefit increase effective July 1, 1999 to all participants retired as of January 1, 1998. The Board requests City Council approve a resolution supporting their decision. FINANCIAL IMPACT This action will not direcUy impact the financial condition of the City of Englewood as the Firefighter Pension Fund is fully funded and the City is only making minimal required contributions. UST OF ATTACHMENTS Proposed resolution ,,_ .. • • 0 - - • • -•D111Uli.-.rft0N NO._ SERIES OF 1999 . ' • • • /Oti,· A RESOLUTION FOR A SUPPLEMENTAL APPROPRIATION FROM THE 1999 BUDGET FOR THE PURCHASE OF THE SKERRITT PROPERTY. WHEREAS , the Englewood City Council authorized the purchase of the Skerritt property by the passage of Ordinance No . 16 , Series of 1999 ; and WHEREAS , the Englewood City Council has made historical preservation a priority ; and WHEREAS , the Skerritt house is an important historical building which City Council desires to preserve; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: $ect,iop l . The City of Englewood 1999 Budget is hereby amended as follows : GENERAL FUND: Sow:ce of Fvnda : Unreserved/Undesignated Fund Balance $135,000 llae• of Funda · Contingency (Skerritt Property Purchue) $135,000 $ect,iop 2. The City Manager and the Director of Financial Services are hereby authorized to make the above changes to the 1999 Budget of the City of Englewood . ADOPTED AND APPROVED this 3rd day of May , 1999. ATTEST: Thomas J . Burna, Mayor Loucrishia A. Ellis, City Clerk 1, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .~ Series of 1999. Loucriahia A. Ellia •• .,, - •· • 0 • • • • • - COUNCIL COMMUNICATION Date Agenda Item Subject Resolution for a supplemental appropriation for May 3, 1999 10 C ii the purchase of the Skerritt House Initiated By Department of Financial Services I Staff Source Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has made historical preservation a priority. The Skerritt House is an important historical building that Council desires to preserve . City Council approved making the purchase of the Skerritt House by adopting Council Bill 17, on March 15, 1999. City Council transferred $513,182.46 from the Project Build Fund to the General Fund by Resolution 49, Series 1999 on April 19, 1999. RECOMMENDED ACTION City staff recommends Council approved the attached supplemental appropriation for funds to purchase the Skerritt House. The supplemental appropriation is for $135,000. These funds are in the General Fund, but were transferred from the Project Build Fund. The City closed on the property April 21, 1999. The sources and uses of funds are : GENERAL FUND: Source ot Fundf: Unreserved/Undesignated Fund Balance $135,000 UNofFunda: Contingency (Skerritt House Purchase) $135,000 The City of Englewood is required by City Charter to ensure that expenditures do not exceed legally adopted appropriations . The attached resolution appropriates funds to ensure that the City of Englewood complies with legal restrictions governing local budgeting . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED No alternatives were identified. FINANCIAL IMPACT This action will reduce the General Fund's unreserved/undesignated lund balance by $135,000. A total of $513, 182.45 was transferred from Project Build to the General Fund on April 19, 1999 by City Council resolution . UST OF ATTACHMENTS Proposed resolution -•• .. •· • 0 - • • • - <, COUNCIL COMMUNICATION Date Agenda Item Subject Sewer Tap Agreement with May 3, 1999 10clll Drury Inns, Inc. Initiated By Utilities Department I Staff Source Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Water Board pclicy regarding an equitable method of computing taps for hotels was established at the August 13, 1996 meeting. RECOMMENDED ACTION Council approval by mallan of fie S... Tap Agreement from DMy Inna, Inc. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In August of 1996, the Water Board was approached by Drury Inn to establish a policy for setting sewer tap fees for hotels. The resulting Water Board policy bases sewer taps fees for hotels on a per day, per unit usage. Drury Inns, Inc. is building a hotel in the Southgate Sanitation District near the Park Meadows Mall, and is requesting to use this policy standard for tap fees. As a result, Drury Inns has submitted a Sewer Tap Agreement for Council approval. FINANCIAL IMPACT The proposed agreement would set the sewer tap fees at haH the standard fee, with no additional tap lees to be collected unless the water usage exceeds the agreed upon limit of 100 gallons per unit, per day. LIST OF ATTACHMENTS Sewer Tap Agreement from Drury Inns. Inc. • . •· • 0 - - • • • t~ . • ' SEWER TAP AGREEMENT THIS AGREEMENT, is made the __ day of , 19~ between the CITY OF ENGLEWOOD whose address is 3400 South Elati Street, Englewood, Colorado SOHO, (hereinafter City); and the DRURY INNS, INC ., a Missouri Corporation, whose address is 10801 Pear Tree Lane , St. Louis , MO . 63074 , (hereinafter Drury). WHEREAS, Drury requested a reduction in sewer tap fees because they believe their Hotel's water usage is less per unit than a single.family equivalent. The subject Hotel is located 9445 East Dry Creek Road , Englewood , Colorado 80112, also known as Lot 2 of Kelmore Park West, Filing Number 3. WHEREAS, the standard tap fee is based on a normal flow of two hundred (200) gallons per day and Drury estimates that their per unit flow is no more than one hundred (100) gallons per day . NOW THEREFORE the Parties agree as follows : 1. The City will sell Drury sewer taps for its Hotel units at one half the standard sewer charge, based on their estimate of no more than 100 gallons per day per occupied unit real flow . This is a minimum charge and in no event will the base tap fee be less than one-half (l/2) the standard sewer charge. 2 . The initial tap payment to the City by Drury will be $112,700, for Englewood tap fees ; $12 .50 for the permit, and a Big Dry Creek Interceptor Basin Charge of $8,050.00, for a total of $120,762.50. 3 . Drury will issue an irrevocable, stand-by letter of credit in the amount of $120,000.00, which will be used for any additional tap fees . Thia letter of credit will be held by the City for tap fees as required pursuant to this Agreement. 4 . The City will monitor winter, bi-monthly water usage at the Hotel during a five (5) year period . During that time , Drury will monitor water consumption on a daily basis. Drury will furnish the City with a report on daily water consumption and the number of rooms occupied on the corresponding days. They will submit the report to the City on a monthly basis. 5 . If at any time during the five (5) year period, the daily, per occupied unit consumption goes over one-hundred (100 ) gallons per day, Drury will pay the additional tap fee owed . If the fe e is not paid within sixty (60) days, the City will make periodic draws on Drury's letter of credit to pay to the City additional sewer tap fees baaed on the amount of flow in excess of one hundred (100) gallons per day as billed by the City of Englewood . If Drury's daily , per occupied unit usage is less than one hundred (100) gallons per day, the City will not owe Drury any refund. ...... • . .. •· • 0 1 32xl - • • 6 . • I• • • Additional sewer tap fees will be computed on the basis of two hundred (200) gallons per day being equal to a tap fee of $1,500 .00. As an example, if the usage goes over one hundred (100) gallons per day by five (5) gallons per day, then five (5) gallons per day is two and one-half percent (2 1/2%) of the two hundred (200) gallons per day, two and one-half percent (2 1/2%) of one thousand five hundred dollars ($1,500) is thirty- seven dollars and fifty cents ($37.50) times one hundred and sixty-one (161) hotel units is six thousand thirty-seven dollars and fifty cents ($6,037 .50) in additional sewer tap fees . The higher amount, in this example the 105 gallons per day per unit, will become the new base line for tap fees . Once the baseline reaches 200 gallons per day, per residential unit, the maxi.mum tap fee will be owed . In no event shall the total tap fees exceed one maxi.mum tap fee per unit. 7. However, should additional units be added to the project at any time, the tap fees shall be increased by the number of additional units . If the units are added after the five (5) year period described in paragraph 5 above, or after a final base line for tap fees has been reached, the tap fees for the new units will be the same as the final tap fees for the original units. 8 . Any accidental discharge of metered water of an unusual and non-recurring nature where the City is notified within 24 hours of discharge and Drury provides documentation of the nature and extent of the discharge may be excluded from the calculation of the tap fees . The filling of a swimming pool will not be considered an accidental discharge under this paragraph. 9. At the end of five (5) years or on the date on which Drury has paid the additional sewer tap fees aaaociated with an increaae in the baseline for tap fees to 200 gallons per day per unit, whichever event 1hall occur first, the letter of credit may be withdrawn and the City will no longer monitor water uaage except for normal, annual sewer billing purposes. 10. Any additional tap fees paid pursuant to this agreement are tap fees only and shall not be considered sewer treatment charges. Any money owed the City under this Agreement is a fee for the sewer tap. 11 . The City maintains the right to enter the property to examine the water use records and to check water meter readings . 12 . Drury gives the City the right to disconnect the hotel for nonpayment of any tap fees or sewer treatment fees due the City. 13 . This Agreement shall not be aaaigned by any party without the prior written consent of the other and this agreement ahall be binding on any 1ucceaaora or auigneea. 14 . Drury shall not add additional hotel units to the City ofEnclewood'a sewer 1yatem without written approval of the City. 2 .. •· • 0 , -• • I• • (. 15 . Any notice required or permitted by this Agreement shall be in writing, and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth below, or at such other address BS hu been previously furnished in writing, to the other party or parties. Such notice shall be deemed to have been given when deposited in the United States Mail. The notice shall be sent to: CITY OF ENGLEWOOD ATTN : Utilities Department 3400 South Elati Street Englewood , CO 80110 DRURY INNS, INC. Joseph B. Perelea, Vice President 10801 Pear Tree Lane St. Louis, MO. 63074 16. This Agreement represents the entire agreement between the Parties and there are no oral or lateral agreements or understandinp. This Acreement may be amended only by an instrument, in writing, signed by the Parties. lf any provision is found to be void by a court of competent jurisdiction, no other proviaion shall be affected by 1uch holding . All of the remaining provisions shall remain in full force and effect. 1 7 . A waiver by any party to this Agreement or the breach of any term or provision of this Agreement shall not operate or be construed BS a waiver o{ any 1ubaequent breach by either party. 18 . The parties hereto warrant that the signatories below have full and lawful authority to execute this Agreement on behalf of Drury Inns, Inc. and the City of Englewood, Colorado. 19 . The Parties agree that this agreement 1hall be recorded in the office of the Arapahoe County Clerk and Recorder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above . CITY OF ENGLEWOOD By : _______________ _ Date:--------- Thomas, J . Bums, Mayor ATTEST:------------ Loucrishia A. Ellis, City Clerk 3 • .. • • 0 r ~?)(I - ., • • • <. DRURY INNS, INC. By : --,~r-e,e.:,..;1 ,'-P-fLB-. -~-e-~~-le_s_, -V-ice_P_re-ai-d-en_t __ Date: '11 t:l~'f STATE OF MISSOURI ) ) 88. COUNTY OF ST. LOUIS ) On this bi,... day of ~.-:I 19r! before me personally appeared Joseph B. Pere lea, known to me to be the Vice President of Drury Inna, Inc., the corporation that executed the within and foregoing inatrument, and acknowledged the aaid inatrument to be the &ee and voluntary act and deed of said corporation for the 1111ea and purpoaea therein mentioned, and on oath stated that he was authorized to eucute said inatrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. • My commission expires: 3 ~" /,;v, o ~ ) cl's 1 !«-< ---# .Jr. ~ .. ·'a ,.,.J NOTARY 4 Darleen F. Mueller, Notary Public St Louis County, State of Missouri My Commiasion Expires 8/10/2002 . , • .. ., • • 0 , ~? 'x I - • • 0 - COUNCIL COMMUNICATION Date Agenda Item Subfect May 3, 1999 10clv f Water Meter Purchase Initiated By I Staff Source Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION Approval , a,, malon of the purchase of waw metet'8 from the low bidders, Mountain States, In the amount al $18,532.24 and Dana Kepner in the arriount of '1,886.00. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Utilities Department purchases water meters needed for an entire year by requesting one large bid proposal tor additional cost savings. FINANCIAL IMPACT About $15,000 worth of these meters and yokes will be resold to Englewood customers tor new installations as part of the flat-rate to meter conversion process. The remaining stock will be used to replace inactive or poorly functioning meters as part of the water meter maintenance program. There is money budgeted tor these items in the 1999 Budget. Request for Bids were sent to four vendors. with two companies responding with bids. Mountain States Pipe was the low bidder for the water meters, but they do not carry yokes. Dana Kepner Co. was the low bidder for the yokes. Mountain States Dana Kepner Waterworks Sales Water Pro Supplies UST OF ATTACHMENTS Bid Proposal Tabulation Sheet ... $18,532.24 $ 7,696 .00 N/8 N/8 •. •· • 0 '32 x l • ~ . • ...,_ l • • BID OPENING DATE: 4120199 BID ITEMS: WATER METERS Item # Description 1 314" Displacement Type Water Meters wlremote less couplings 2 518" Displacement Type Water Meters wlremote less couplings 3 5/8" Displacement Type Water Meters less couplings 4 1" Displacement Type Water Meters less couplings 5 1· Displacement Type Water Meters wlremote less couphngs 6 1 112" Displacement Type Water Meters less couplings 7 1 1/2" Displacement Type Water Meters wlremote less couplings 8 2" Displacement Type Water Meters less couplings 9 3" turbo with strainer less couplings 10 3/4" Komerhom yokes or equivalent 11 3/4" compression fittings (for 3/4"copper pipe) for for Komerhom yokes 12 3/4" compression fittings (for 3/4" gatv. pipe) for Komerhom yokes 13 3/4" baH valves ror Komerhom yokes 14 3/4" x 3/4" (9 3/8" lay length) x8" (H) Copper Meter yokes, wlvertical inlet & outlet wlcompression fittings and wlangle ball valve TOTAL • • \ JI Dana Kepner Co 700 Alcott Street Denver, VENDOR Co. 80204 Price Bid Est. Qty Each Price 120 $58 .10 $6 ,972 .00 36 $37 .95 $ 1,366.20 36 NIB NIB 40 $82 .95 $3 ,318 .00 10 NIB NIB 8 $225 .15 $1,801 .20 2 NIB NIB 2 $331 .95 $663.90 1 $ 754 .60 $754 .60 120 $18 .95 ""$2,274 .00 240 $3.95 $948.00 100 $3 .95 $395.00 120 $15.20 $1 ,824.00 50 $ 45 .10 $ 2 ,255.00 $22,571 .90 Min States Pipe 11 W. Las Vegas St. Colo. Sp_rs, Co. 80901 Price Bid Each Price $67 .53 $8 ,103.60 $30 .83 $1,109.00 $50 .86 $1,830.96 $76 .55 $3 ,062 .00 $99 .58 $995 .80 $215 .00 $1,720.00 $235 .00 $470 .00 $335.00 $670.00 $570.00 $570.00 NIB NIB NIB NIB NIB NIB ' , $6 .78 ~'.60 NIB NIB $19,345.84 Waterwork Sales 4295 Kerney Street Denver, Co. 80216 Price Bid Each Price NIR NIR NIR NIR NIR NIR NIR NIR NIR NIR NIR NIR NIR NIR NIR Waterpro Supplie& 1910 38th Street Denver, Co. 80216 Price Bid Each Price NIB NIB NIB NIB NIB NIB NIB NIB NIB NIB NIB NIB NIB NIB NIB r I 0 • -;, . - • • • • ,, ' 0 • PROCLAMATION WHEREAS, the City of Englewood , along with all of Colorado and the rest of the nation , mo urn t he lives lost during the tragedy at Columbine Hi gh School ; and WHEREAS, the City of Englewood wishes to offe r suppon and sympathy for the families and friends of the victims and for those who witnessed the terrible event; and WHEREAS, the City o f Englewood wishes to honor those who di ed at Columbine High School. especially the innocent victims whose bravery and heroism are an inspiration to us a ll ; and WHEREAS , the tragedy at Columbine High School deeply touched those in Engl ewood a nd has ca used our co mmunity to contemp la t e the fa te of our socie ty, our families , and our future ; and WHEREAS. the City of En glewood e ncourages the com munity not to forget the tragedy at Columbine High School that took the lives of the teacher and students on April 20, 1999 , but to u e these painful memo ri es to foster a dialogue and connection between parents and children, families and friends , the people we love , and the people with whom we have differences; NOW, THEREFORE , -. the City Council of the City of Englewood, Colorado, he re by proclaim -:;ti: d;J-- The City of Englewood offers its heartfelt condolences to the families of the victims of the Columbine High School tragedy and sends its best wishes for healing, support, and hope for a future free from violence and hate. ADOPTED AND APPROVED this 3rd day of May , 19 99. Thomas J. Burns, Mayor Beverly J. Bradshaw , Counci l Member Alexandra H abe ni cht, Mayor Pro Tern Douglas Garrett, Counci l Member Juli e A. Grazulis , Council Member Ann Nabholz. Coun cil Member Kells Waggoner , Council Member • .. ., I· • C , 2 • • • t• - MEMORANDUM TO: FROM: DATE: Dan Brotzman, City Attorney /) 1.) Rick Kahm, Acting Director of Public wtks ~ April 29, 1999 SUBJECT: ENGLEWOOD RECREATION CENTER, NEW WOOD FLOOR INSTALLATION, CHRONOLOGY OF EVENTS Architect -Eric Bartczak Architects Project Administration -Public Works Department Contractor -T &G Hardwood Floor Specialists, lnc . Wood Flooring Manufacturer -Connor AGA Bonding Company -Gulf lnsurance Company Chronology of Events Project to Eric Bartcak Architects for design . Bids opened and evaluated . Council awards contract. Building Permit approved . Contractor starts floor installation. Floor installation complete. 14 b 5-15-97 6-27-97 7-7-97 8-22-97 8-29-97 9-10-97 11 -5-97 '"Claim for Warranty" letter sent to T&G and Connor AGA . The parquet flooring in the activity rooms is coming up and the main gym floor is showing gaps. 1-10-98 3-18-98 9-1-98 1-29-99 4-28-99 w Connor AGA and T &G examine flooring and identifies problem as "panelization", which causes the gaps. Contractor proceeds with activity room floor replacement. Contractor proceeds with sanding and refinishing main gym wood flooring claiming that this will reduce or eliminate the gaps . Gaps reappear over ensuing months. ''Notification of faulty materials or installation of wood floor" letter sent to T&G and Gulflnsurance Company demanding repairs . Neither Contractor nor insurance company has returned calls or responded to letter demanding repairs. Pnn ted on i=;.9c'ed Pa:;.,. ··t, • - • . .. •· • 0 - - • • • t• - .. _..,,/" 0"17 312 454 . us POltal Ser.rice Aecels:,t for Certified Mail No·-Covwage Provided. 0o not ... for llll8mallanal Mail S.. fWWIN) .. ' I· iL C. ,1.Jf~!;l'~uUI) c.1"._,r,,A .-.._ uz.1) E 12:;·t·. _ ,~ .2 s Mr. Leroy R . Hoffman >d .TMENT Traffic T & G Hardwood Floor Specialists Inc. 420 E . 120"' Ave . Unit S-2 Northglenn, Colorado 80233 December 29 , 19S7 Dear Leroy , F leet Maintenance Building Maintenance 3400 S . Elati Street Englewood. Colaado 80110-2304 Phone (303) 762-2500 FAX (303) 789-1125 Please consider this letter as notification of faulty materials and/or installation of the recer.tly installed wood floors at the Englewood Recreation Center. As you have observed. the Sport Bond Parquet flooring is curling and delaminating from the base flooring , and the Grip-Tite wood flooring in the gym is showing gaps which the City cons:cers too wide , possibly unsafe, and unsightly . eased on recent fact gathering including observation , meetings with AGA Connor, the wood material supplier, and our December 15 , 1997 meeting with Mr. Robert Bays from ECOLAB, the finish manufacturer's representative , the City of Englewood hereby rejects the Sport Bond Parquet flooring in its entirety and demands a timely resolution to the problem, which may invcl1,e replacement of the flooring . The City also rejects the current condition of the Grip-Tite wood floor in the gym and demands a timely resolution to the problem described . Your written response including proposed remedies and schedule is required immediately . Thank You . ~~,e... /Jt_-r----/ Dave Henderson Eng in eering Special Projects Coordinator, Public Works c : Eric Bartczak , Eri c Bartczak Arch itects Rick Kahm , Enginee ri ng Manager , Publ ic Works Charles Esterly , Dire cte r , Public Works Dan Brotzman , City Attorney , Englewood /Ron M ill er , Assistant Project Manager .:;1.: .... ~·\ ' .. ~~·· ,: . t '-' . " ,,. ' ·-' . •I . ' sr•.,1 :.t,7-T""'IF ,€,. 1:..;i ,~ ... ~ .._ .,. I .• , , ·.,. '!~ -~ i '~-' / ~ . ' .. •· • 0 - • Mr . Leroy R. Hoffman • • • '· City of Englewood Public Works, Engineering 3~00 S. Elati Street Eng lewood. CO 80110 303-762-2500 T & G Hardwood Floor Specialists. Inc . 5690 Logan St., Unit C Denver , CO 80216 January 29 , 1999 De:ir Leroy, Z 132 233 322 i -Aoclilll ..... -_,o..DII.- ~ -..... -. .. <a..,_.,_ I TOTAL PGlllgl' -..,_o,rO.. ! >t·"t ,_zc;,.qc/ ~ ---------L -- Ple:ise consider this lener as not ific ation of faulty materials and or inst:illation of the wood gymnasium floor that T&G msulled at the Englewood Recre:it io n Center. The City of Englewood has observed gaps in the Grip-Tite wood flooring that are considered too w:de. possibl y unsafe and unsightl y. T&G has guaranteed, and posted a bond (AE 5930405 ) th:it this wood floor is to .. remain in good order and repair for a period of 3 years from ins ta lla tion ... The City demands a timely resoluuon to th is problem , which may invoh·e replacement of the floor . Your ,~T inen response. including proposed remedies and schedule is required immediately. Thank You. Da ,·id Henderso n Public Work s Engmeermg . Spec i:il Projec ts Coo rdinator cc : Ric k K:ihm . Act ing Publ ic Works Dire ctor Dan Brotzman . City Attorney Ron '.\h lkr. Ass ist :int ProJect '.\tanage r Gulf Insurance Co .. John Cocomazzi • : -· .... : -.-., ; "' .. : ... •· • 0 , 2 I - -, (_ • NATHAN L. ANDF.RSOI IN Daniel L. Brotzman City Aaorney City of Englewood 3400 South Elati Street Englewood, CO 80110-2304 • • • January 26, 1998 Re : Hardwood Floors -Eqlewood Recreation Center Dear Dan : • In regard to your question concerning the statute of limitations on the wood floors i.nstalled at the Englewood Recreation Center, action must be commenced within two years after the cause of action occurs (C.R.S . 13-80-102) and in no C3Se shall such action be brought more than si.'t years after substantial completion of the improvements (C.R .S. 13-80-104). Since you are currently aware of the defect, you should use a conservative figure of r.vo years from the date of discovery. which I understand to be late October 1997. If you have any additional questions regarding this matter, ple:ise contact me. Sincerely , ,-;7~-ie2.~JL --Nathan L. Andersohn NLA :me (111Cla·bnlc: IOI I • • 0 , I - • • • • 0 I • • THE ENGLEWOOD CITY COUNCIL MONDAY , MAY 3, 1999 7:30 P.M. ~ 1. Call to order.'): Jr l)w__/ • ~lhOhEAJr 0/:-S!t-e)./~ -r0/2. t;./f.. 2. Invocation . ()~ r!_o1.-1t/YJE!IJ£ f/MJ.I Q?~l- iR~y 3 . Pledge of Allegiance . ~ 4 . Roll Call . 5. Minutes. tf1d ?-o a . ..nute, Imm Iha Rag"8, City Cooocil -,"II of April 19, 1999. ~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Denver Regional Council of Governments (DRCOG) Vice Chair Jan Schenck (Golden Mayor) will present a Local Government I novations A rd to the City of ~ =oo~/~o}'!rnen_t in Golf 4Fun . b. Flood Middle ~ will be present to propose solutions related to the s~lem,;.s.l) "ti ordinance . 7 Non}Jled{;f..,,. aasa ""' ,.,..,~e."8 m;-..) g 8. Communications , Proclamations, and Appointments . rl a. A proc'1£1!~ ~ring~ Nazarenus as EngleM)()(f's Citizen of the Year for °'fJf '7-V 1999.~ 9. Public Hearing . (None scheduled) ~ PINN note: If you hllv. a dla1btlly and need......, alcll ar • a111, ....... nollfy h Cly of ln ... aoc.4 (30S-712-2405) 81 leat 41 houn In advance of whan aav1oN ......... 1'-* ,au. • ' - •· • - • • • • "' - • . • ' .. Englewood City Council Agenda May 3, 1999 Page2 10. i. ii. Council Bill No . 30 • Recommendation from the Utilities Department to adopt a bill for an ordinance granting a Permanent Easement and Temporary Construction Easement for Centennial Pump Station at Mclellan Reservoir. STAFF SOURCE: Stewart H. Fonda, Director of Utflltlea. Council Bill No. 25 • Recommendation from the Utilities Department to adopt a bill for an ordinance approving an 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. STAFF SOURCE: Stewart H. Fonda, Director of Utflltlea. b . Approval of Ordinances on Second Reading . i. Council Bill No. 27, approving two Public Service Company easements at Romans Park . ii. Council Bill No. 28, creating a Housing Rehabilitation Fund and designating the fund an "enterprise.· iii . Council Bill No. 29, approving Southgate Supplement #143. c . Resolutions and Motions. Recommendation from the Department of Financial Services to adopt a resolution supporting a $100 increase in monthly benefits proposed by the Firefighters Pension Board. STAFF SOURCE: Frank Gryglewlcz, Dlractor of Flnanclal Servlcu. Recommendation from the Department of Financial Services to adopt a resolution approving a supplemental appropriation for the purchase of the Skerritt House . STAFF SOURCE: Frank Gryglewlcz. DlrNIDr ol Financial Services. . ~ ' iii. Recommendation from the Utilities Department to approve, by motion, a Sewer Tap Agreement with Drury Inns, Inc. STAFF SOURCE: Stewart H. Fonda, Director of Utllltlea. iv . Recommendation from the Utilities Department to approve, by motion, the purchase of water meters and related supplies. Staff recommends awarding bids to the low bidders: Mountain States Pipe (for water meters) in the amount of $18,532.24; and Dana Kepner (for yokes) in the amount of $7 ,696.00. STAFF SOURCE: Stewart H. Fonda, Dlractor of UtlllllN. PINN nala: N you have a dlubllly and nNd auxllary aide or wvloN, plew naaty .. Cly al ...... •Nd (30l-112-24GI) al.._. 41 houre In......_ ol WMn ..._ .. ......_ Tllalk you. •,·-~ , . '"' I · . • . •· • , -• • I• • <. -----~-----· Englewood City Council Agenda May 3, 1999 Page3 11 . Regular Agenda. a. App~ Ordinances on First Reading . b . Approval of Ordinances on Second Reading. ~ c . Resolutions and Motions. Jr' 12. General Discussion. cJff l 7-D a. Mayor's Choice. ~ ~ b . Council Members' Choice. 13. City Manager's Report. City Attorney's Report. ~i,() . j . , , • <>t,Ceme<_._.. ,..JJ7 ~/IUJJLi1;. b. RecreationCemerGymFloors. ~ ~~ )J-~ 7£!~!::..-~CAv~-~·-, • Englewood Firefighters Pension Board meeting of January 14, 1999 • Englewood Firefighters Pension Board Telephone Poll of January 21, 1999 • Englewood Clean, Green and Proud Commission meeting of March 9, 1999 • Englewood Board of Adjustment and Appeals meetings of March 10 and March 23, 1999 • Englewood Planning and Zoning Commission meeting of April 6, 1999 14. ....._,...: •,-. ....... C ,., ........ _Et •--••rt ......... ..., .. CllrflllW... aad ' (30S-7U-240I) .......................................... n..,-. .. • • 0 , -• - 0 - .. • • I • • - 0 I • - . . --• • . I . • 0 .. • • - • - • • • 0 I• -' . . --- -- ---M~ - . . . G. ~~-I· ~--- . I f • - 0 - -- = ~ v ~---JJm ~: " . - • , • ---I· • C I ' • - 0 - .. --- ~----_ = -: . ~-- ! --. . • • I · 0 ' • • - 0 I • • ·--~ -----~ - --~~~~ T::f~ --- ~~~~~-~~- • /~ ~~ W~--- ~ • a1n---I. . • ' - ·, • • I• • .. May 17, 1999 Regular City Council Meeting • .. 0 • • 0 '32xl