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Home My WebLink About1999-03-01 (Regular) Meeting Agenda- • .. • • • • REGULAR CITY COUNCIL MEETING MARCH 1, 1999 ORDINANCE t 10, 11, 12, 13, 14, 15, 16, 17 RESOLUTION f 43, 44, 45, 46, 47, 48, 49, 50, 51 • .. 0 • • • 0 r .,,,.. I -• • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar SalNIII Mardi 1, 1999 1. Call to Order The regular mcding of the Englewood City Council was called to onb by Mayor Bums al 7 :46 p.m. 2 ......... The ilMIClllion -given by Council Member Nabbolz. 3. l'WF fll AUqiuce The PledF m Allegiance was led by Mayor Bums. 4. ...Cal Present: Absent : A quonun was prescnl Also present : 5. Mialta Council Members Nabllolz. Grazulis, Gamtt, Bradshaw. Habenicht, Waggoner, Bums None City Manager Scan City Attorney Brotzman City Clerk Ellis Dirmc>r Olyglewicz. Financial Services Direclor OI-. Safety Servica (a) COUNCIL MEMaal 81lADSBAW MOVED, AND IT WAS SECONDED, TO APPROVE TIR MlJlfU'IT.S o, THI. Ill.GUI.All MU:11NG o, naaUARY 16, '"'· Motion carried . Ayes : Couacil Members Nabllolz. 0anat. Bnidlbaw, ~ Wagoner. Clnzulis. Bums Nays : None Tbcre were no scbedulcd visitors. Tbcre were no --scheduled visitors. a. c ..... 1c ...... ,..........__.Af,•I .. m There were no communicalioas. proclamaliolll or appoinlmcall. 9. hllllc Burial • . .. • • 0 , -• • • l:adHIM City Ceudl Mudt ···"' ... 2 No public bearing 'WIS scbcdulcd before Council . 10. c-tA.-,. (a) Approval afOrdinlnces on Fim Reading COUNCO. MDDER allADSIIAW MOVl:D, AND IT WAS St:CONDl:D. TO Al'PllOVI: CONSENT AGll:NDA ITDIS II (a) (I), (II), (Ill), (IY) wll (Y) ON rDIST HADING. (i) COUNCIL Bll.L NO. I, IN'lllODUCED BY COUNCIL MEMBER BRADSHAW A Bll.L FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 140T0111E SOUlllGATE SANITATION D~:mllCT CONNECTOR'S AGREEMENT FOR 11tE INC1.USION OF LAND Wl11IIN 11tE DIS11UCT BOUNDARIES. (ii) COUNCIL BIU.. NO. 9, IN'lllODUCED BY COUNCIL MEMBER BRADSHAW A Bll.L FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 141 TO 11tE SOUlllGATE SANITATION DISTRICT CONNECTOR'S AGREEMElff FOR 11IE INO..USION OF LAND Wl11IIN 11IE DISTRICT BOUNDARIES. (iii) COUNCIL Bill. NO. 10, INTRODUCED BY COUNCIL MEMBER BRADSHAW A Bll.L FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 142 TO 11tE SOUlllGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR 11IE INO..USION OF LAND W11111N 11IE DISTRICT BOUNDARIES. (iv) COUNCIL Bill. NO. 11, INlllODUCl!D BY COUNCIL MEMBER BRADSHAW A Bll.L FOR AN ORDINANCE AU'J1IORIZING SOU'lllPARK ME11tOPOLITAN DISTRICT TO INSTA11. A 12" PVC SANITARY SEWER UNE IN A 22" STBEL CASINO UNDER 11tE c:rrv OF ENGLEWOOD'S RIGKl'-OF-WAY POR 1111! CITY Drr<R M COUNCIL Bill. NO. 14, IN'l1IODUCED BY COUNCIL MEMBER BRADSHAW A Bill. FOR AN ORDINANCE AMENDING 11'11..E 12, OIAPTER 2, Sl!ICTION 7, PARAGRAPH A.. OF 11IE ENGLEWOOD MUNICIPAL CODE, 1915 WIRCH PERTAINS TO WASTEWA'll!R LIMITATIONS ON DISCHARGE . Ayes : c-:il Members Nlllllolz. Glnat, ........ HlbeDidll. Waauacr, Gnizulis, Burm Nays: None (b) ,, - • • , - • • • • • . . Eqlewood City Couacil Mardi 1, 19'9 Pqe3 There were no items submiucd for approval on second reading. (c) Resolutions and MotiollS COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (i), (ii) ud (iii). (i) pURCHASE OF A 3/4 TON PICKUP TRUCK FROM KING CHAMBERLAIN IN nm AMOUNT OF $22,981.00. (ii) PURCHASE OF AN AIR coNDmONING CONDENSER FOR nm urnEfON/ENOLEWOOD W ASTEWArell TREATMENT PLANT FROM nm TRANE COMPANY IN nm AMOlJNI' OF $32,674 .00. (iii) CONSTRUCTION CONTRACT Wlllf F ARCON. INC . IN nm AMOUNT OF $47 ,390.00 FOR A NEW RESTROOM FACILITY AT BELLEVIEW PARK . Vateraalu: Motion carried. Ayes: Council MembcB Nabholz. Qarrcll. Bradshaw, ~ Waggoner, Orazulis. Burns Nays : None 11 . lleplar A .... (a) Approval cl ()rdinanceS on Finl Reading (i) Dircd0r Oryglcwicz prcsc.ud a ~ from the City Clerk's Office and the Election Commission to adopl a bill for an c,rdinanCe rcapportiollin& City c.ouncil Dislricts to comply with City Charter rcquircmml5. He said this was clillCUIICII Ill Study ScslioD llll week . Mayor Bumi ~ thlll the suggesled cbangC is to tnOYC a ponion cl County Precinct 107, to Dilb'ict 2 from Dislrict I. The City Cleft tad the council bill by title : C()UNCll. BILL NO . 15, 1N11t.()l)UCED BY COUNCll. MEMBER BRADSHAW A BILL FOil AN OIU>INANCE AMENDING 1T1\.E I. atAP1Bl 5, SECTION I. OF nm ENGLEWOOD MUNlCIPAL CODE 1915, RELATING 10 REAPPORnoNMENT OF CITY C()UNCll. DISTRICTS Wl114IN nm CITY OF ENGLEWOOD, COL()RADO . COUNCIL MEMa&a aUDSBAW MOVED, AND IT WAS Sl:C0N9U. TO Alftl()VE AGENDA mM 11 (a) (i) -COUNCIL aDL NO. 15. A yes : C-ouncil McmberS Nabholz. Oamll. BradlhlW. Hal,eaiclll. 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'- I - • Ea&lewood City Cou11ell Marcll l, 1"9 Pqe7 • • I• • ••••• Mayor Bums said that the Mayors and Commissioners Arapahoe County Youth Awards reception is Wednelday nigllr and he plans to be there. (iv) Council Member Grazulis: I . She stated that she went IO the Friends of the Libra,y meeting and they have a bake sale going on April 30• to try to raise some more funds for some good things. 2. She said, repnling the Cultural Alts finalilllS. lhal there were so many wonderful things. We like all ol the four finalilllS. she advised, so we tried to come up with some extra ideas on haw to Uy to fund and put them in clifferent i-ts of the -developmad bccaUlc each one w so spc,claadar and n:pramcd eveeything thll we arc llying to do. She said she w really excited about that. 3 . She said it was brought to ha aaention thal a lot of businesses along South Broadway, which she represents, have been noticing in the last ten clays a large number of vandalism 's and a lot of problems with bralt-ins and llllJbings, things of lhal lllhR. She said she w going 10 get with Cllris Olson and sec if we can't step up some security or pllrOI in lhal amt. (v) Council Member Habenicht I . She said that she 100 enjoyed the visit to the skating facilities and she thinks it would be very exciting to look at some sort of skating presence in our new development. She thinks ii would be a real plus and it would wort in with all of the otha kinds of mixed uses that we have. 2 . She said she wanled to tag on with what Ms . Grazulis said also. in terms of the beautiful art proposals that we've received. She said she w really in awe of the quality. Council Member Grazulis oonunentcd on the diversified use of lllllerials. Ms. Habenicht staled lhat these artists are n:ally attracted to this lite. She said from what they've heard from otha people, who have scrwd on otha kinds of public art, we've really had a lot of response. more than people usually get . And, Council Member Bradshaw said, of the top quality too. Council Member Habenicht stated thal if we can find ways to Fl otha funding for some of these otha things at the same time because it n:ally minored wlill we lalkcd about, the eclectic, mixed use fed . She COIIIIIICmcd thal she thought she and Ms . Grazulis wiU bring that back to Council to look al some ofthoae thal won 't be chosen . ••••• Council Member Biadsbaw llaled that Council Fl a copy of~ Days of Ea,lewood ia tliea-pad(cs.. She said it w rq,rimed from a l 9S9 Englewood Herald. that she bind that copy and Bab SilllplllD did it She said she wanled 10 call to Council's attention some of the ads, you Fl cbeny pies for 41 om1s. 111d you can have a T ~ steak for S2 .00 ... so that was then and this is-. She said she dlougllt C.ouacil .ulld Fl a kick out ol lading some or the ads and that was from the Bnldshlw archives . • •••• Ms . Bradshaw said on the memo from Susan McDonnell to Cllris Olson, thal she wanlcd to give kudos to the Englewood Police Depulmenl for picking up thal 1TY, good job guys. 13 . CltyM ....... ,~ (a) City Manager Sean said there was a memo from Rick Kabm in the Study Scllioa plCkd repnting a letler from Paul y_. for proposcd chanFS lo hamdous lllllerials route . TIiey were baicaUy ,, - • . .. • • 0 , • • • Ell&lewood City Council Man:h 1, 1999 Pase I • 0 • asking if there is suppon in terms of the 225 corridor. He said in their analysis he had Rick Kahm take a look at it and he knows Chris Olson is familiar with the issue too and could probably answer some questions. He said they feel like either alternative from our end in terms of effecting Littleton with the C- 470 route or on the 1-25 route may impact the City of Englewood. At this point in time we arc asking, unless the Council would like to take a more active role in Aurora's ama:m, that either altcmalive that could come about may also affect our neighbor to the south and that we probably, at this point in time, would not be involved in this issue . Let the Federal Highway Department make a dctennination on their own in terms of their own merit, because he doesn't feel like there's any position we can actively suppon. He said he jusl wanted to lay that out to Council and if Council feels diffcrcndy about that we can c:er1ainly proceed along a different line . Mayor Bums said 11111 be has received communications before from Paul Tauer. the Mayor of Aurora on this and be -·t sun: wbcthcr this was our issue or not . Cooncil Member Bradshaw opined thal we need to support Linlctoo. because what affects them will directly affect us . Mayor Bums said yes. that we 've held together very well for the pasl several ycan on the things we've been doing together and be felt we should continue thal. (b) City Manager Sears said that we did get the high elevations, the designs from Wal-Man this afternoon and Bob Simpson did not have a chance to take a look at those in detail and they arc still going to have David Tryba take a look at those. But they arc here, he said, and ready to be reviewed by the City Council with our recommendations. Mr . Sears advised that the two times to do that would be, one, on March 11 111, following the identity meeting ... about 8 :30 p.m. that nighl, or the next Monday at Study Session. He said there is at least one issue on the Study Session. He said he recommended. if Council can deal with that ... bc knows that the late nights are tough. but he thinks in a Study Session you get a chance to take a look at it, without the pressure of a Council meeting afterward. Council Member Bradshaw said that she would rather sec it on March 11" because she knows that on March 15"' council has two pretty imponant things. She said one is Housing Authority, she thinks it's impoltanl and they need to meet with them . Mayor Bums noted that be Wldcntands they have bumped thal a a,uplc of times. City Manager Scars said thal they would put it on the Agenda for March 11" after the identity discussion at 5:30 p.m . 81 the Golf Course . (C) City Manager Scars aJIIUllmcd that the ncgot.ialioos and discussions with the developers an: continuing rcganling the individual agrccmcnts and wc arc still bopduJ that by the end of March to have the agn,emcnts signed. He said they arc costing out taeh of the specific clements of the design right now and they have done that from a preliminary view point. but they're laking every tree, cvc,y paver, everything and coming up with I alll. Tim Leonard. Marilee Utter and Bob Simpson arc also reviewing thal in terms of making sure thal what they' re reviewing in terms of a,st fits the scope amounl . They should have that cost done in the next week and that will help them in terms of finalizing their agreement and making sure thal •'C' re to the level of cost that wc have put in pro forma. Council Member Habcnichl wondered if. when he talked about the elevation with Wal-Mart, if anybody has talked to them about poaibl y stacking themselves and then they would have higher visibility and they wouldn't be liking up so much space . Mr . Scars said there is a design clcmcnl that is a higher feature like a clock tower thll 's basically so thal the building is broken up and that's been part of the disamions with them. He said they wanted to have a colonnade around the fronl and have some type of anraction that way but Bob Simpson and the architects both felt that having I flat building without having some type of higher clement, the clock tower would not ... and so 1pparc:nlly the design docs have that in there. He said he ' • ., • • 0 f • • • Ea&tewood City Council Mardi I, 1999 Pqd • 0 • hasn't seen that, it's nol quite as lall as what we had talked to them about. but it's going to be substantial . Again, City Manager Sears said, he hasn't seen this, he talked to Bob Simpson about IS minutes ago, so he didn't want to get into any real discussion about that . Ms . Habenicht said she thought if they had two Doors they'd have a lot more putting. ( d) City Manager Sears congratulated the Council and said that he knew that staff has been working hard and it's really nice to see a lot of real positive publicity about all of the activities thal are going on. We're a very active City. (e) City Managa-Scars said we've also received a notice of a Nalioaa1 Award for Nancy ~ we ,aye you a copy of this ia your box . He said he knew Chris OI-was planning to ID out to the rocq,lioD 6am the City's side ..S wondered if Mr. Olson Wlllled to mc:nlion aythiag about dill award. Chris a-said he heard about this award about a month ago and he didn't get the infonnalioa out to Council earlier because he 1-*'d something in writing, it was kind or verllal infonnation to us from the Region 8 Nllional Highway wt TraillpOl1alion Safety AdminiSlration. He said they had nominaled Ms. Peterson essentially for a personal award for public safety . He said she won the award, and this is the Region 8 Award. He said it was also his understanding thal there would probably be awards similar from each of the different regions . He commented she did win the award and that she is quite thrilled with it , to say the least. The people from Region 8 were quite thrilled with it. and, based on their recommendations, she won the award . Mr. Olson said he has nol seen the documentation, nor has she, on what the award is specifically, but we think it's probably for Neighborhood Watch, Speed Pledge Program and similar type activities. He said it is a personal award, it is nol to the City, so he's going to go out to Seattle when she gets this, which is on Marth 23n1 at the National Convention for Traffic Safety . He said he would be there for just a couple of days, to be at the luncheon to represent the City and as her department head. She is quite thrilled with this, he said, and it's really an honor for her and obviously well deserved. He stated Council will get the infonnation in their packets and then we will go from there. Mayor Bums asked for a round of applause for Officer Peterson. (f) City Manager Sears opined that they had a very. very good meeting with the staff of RID last Wednelday, and they are ready to make a recommendation back to the RID Board. He said they would like the Mayor and any Council members to be at their next RID Board meeting, which he believes is Tuesday, March 23 .... He said it will be at S:30 p.m., but they will have a resolution dill nigN at 7:00 p.m. on their agenda, but to address any questions. you would be at the Study Session . Mayor Bums suggc:sled getting the a,enda. because they had one proposal down and they were having the Study Session, and then whenever it ended, they would have the meeting. Some of the people who go down there regularly asked 1h11 they set a time for the meeting. bc:causc they had no idea when they were going to start. He said he thought that was an excellenl suggestion. bc:cause, he rccalled, he went down when they swore in the new omcen wt got there jail as they were swearing in the new chair, and it was just a guess as to when they were going to start . He said he is hoping they will have a set time for that and thal we can fmd that out. City Manager Sears stated that the recommendation will probably be that the full 20 IS parking component would nol be built, which is mainly going to be on the north side . The south parking structure would be built as a result of their fWlding. Also. in conjWIClion with the federal funding for the bridge, thal they would contribute toward thal to have the bridge completed too. He said those were the things we really centered in on and they actually are doing some wort in terms of some piers and some walls on the sile right now . They are just basically funding that on their own as pan of the reconstructioa projccl . He thi*5 their Board is going to have to 1alk to them lhal nigh( about what the full amount is going to need to be . ' • • - • • • ~wlCkyC•adl Mardi 1,1,,, PaaelO • • t• • Mayor Bums asked if this is within the scope of wort for the project al the pr'CSCIII time. Mr. Sears said tbal is conect. Mayor Bums said what their Board members were openly talking, when -v;ere al the Study Session, was about a additional plan for .-,king which would include change in the scope of wort and if possible using -of the avings in tbc bulllet- Mr. Scan said bodl of thole will be using savings in the budget, both of the cxpusion. bcc:ausc -had so -.y ..US tor Sl. 7 millioa ad dlis will get them to the next lewl, but it woa 't get them to the ultimate build GIil. wllida -.Id i.oe to be OIi the north side of the projecl, up lllllil Ibey identify tbc 1-1 for that. He llid lbcir IIIOney W II tbc meeblll ad ltarled to pul together a .Wll which will be tbc rmdt ofdlll--., wllic:b will amend tbc $2.7 million lgRCIIIClll Pait oftbal will be to raenoe dull north lide, 10 thll if M do .,......bing with atior housing or -do -other type of thing. ta their ara is praerwd for ftall lNild OUl of tlleir ..,ting. He aagelled dull a few of the baanl ....-. la)', dill aiglll, waDI IO be a litdc bit IIIIR agrasivc ti. ewn wbll wc 'vc come up with. He said Ibey still U\'e a concem about tbc Swedilll .-king ad wc U\'e a memo to lhcm thll oudines thll Swodilh Im full pating for whll their DIIClds arc out thcR. City Maager Sears advised thll lhcir aaomcy is in tbc pn,cea of drllftiDg a raolution IUppOl1ing dlis ad he feels, with tllll, it will help us finish tbc lglOCIDCIIIS with tbc cbdopen IO IDIM: tllis lloag. Mayor Bums 1111111d thll this is a important a,mpo!ICIII in fmishing dlOlc agreements. Ms . Hlbcnichl asked if it -.id be helpful, when WC address raerving tbc pating in the north area, to indic::lte thll M -.Id guamaee thll wc would allow multi-levels of parking. City Manaacr Sears said ablolutdy. He said he thinb thll wiU be in tbc llgl"CCIDCM. they Wllll thll as much as wc do and multi- lewl is really tbc only way dull they arc going to be able to ac:a,mplish that. Mr. Sears said dlll M llllled to them about going up anodier kMI OIi tbc aouth lide, but that would influence die view of tbc Foley's building. which is rally IIOIMtesinlblc . Mayor Bums asked if he meant to. tlwd le\'el . City Manqer Sean said exactly. Ms. B......_ aid ifwc'rc going to look II kMI parking. tbc AMC ll Alameda ad Colorado Boulevard migllt be revisited just to look ll tbc IIIUCturc lhcrc. ---it worts pfflty efficiently. Ms. BaMaw MJadend if Council cmplwsimd a QOIICCIII aboul Oxford. bccaUlc she is way COIICCIIICd lboat tbal. Mayor Bums aid yes. the llaft' is WI)' aware dlat, if you don't U\'e pating II Oxfonl. you i.oe a nal pniblem. He DOied it is a l'CII scopc of WOil CUIIIC· We arc hoping. he said. ID .at thll e tbc apda. llc addod . City Mwpi" Sean said we _.._d dill apia. Dilec:lor Bladt is religious lboat bringiltg dill up. wl rightfidly IO. Actually, thcy lllll'C tlle CXIIICCl'a. be aid. 111c pniblem. to a certain cxtall, is, wllca you llaYC shaed parking. you U\'e the benefit of thll. but you allO .-c the dowmidc. Pan of tbc NIOlulil,a will be thll -. through a traffic -111 m .., plan. paauc lhcm 111 .-y spaces on their lite for lbcir purpolCS . 11lcy .-c had the sane prublcm with the Alamcdl CClllcr. wbcrc they really aren't Dlll**CL but die busi.-around lhcrc arc impacted. That is becallc people just pn oa lhc outlying lols. Council Member Bradshaw said lhcrc arc lips all over thll say "do not park here if you arc riding tbc Lighl Rail .• Mr. Sears said they expect WC will end up doing the same type of thing. C\'ell with lots OIi Oxford, 11 lhc RICl'Cllioa building. They say you 1-1 to do thll. he aid. Ms. B......_ said the rallOII she lllbd is dull when wc built the Rec:ralioa Ccnla, there w a undelltanding that -of the Meadow Gold propaty. at thll time, -.Id be used for cxtn1 pniag. '1'1111 • • 1 a2xl • • • ElllleHN City Camadl Mardi 1,199' ..... • • , . • just IOlt of welll by tbc wayside, and has never been enforaxl. and she said she ~ we have a righl to -ofdlll behind lhe centa'. She suggested checking lhe an:hives on lhat Mayor Bums said he n:members that discussion. but is not sure how it turned out. Council Member Bnidlllaw CIORl!NDled lhen they turned it into a pait for their trucks. and thlll was not lhe intmt for tbc 111111h side !here. (g) City Manager Sears said he will do 101111 follow-up. bcc:aUlc a couplc of Council Memllen cxpr...a conccm about tbc last c.odc Enforcement Adviloly Commiuec meding. He said he will pc Council a llmmlll)' or what happened at lhe last meeting and where -need to ., with that advilOly COlllllliace. (b) City Manager Sears advised Council that. due to -additioaal reviews, !here BR a couple of candide!es thlll he is looking al strongly for lhe AssiSlanl City Manqcr position. He said he feels Ibey will be very good candidalcs. but we are doing 101111 background. and he will let Council know about tbollC candicWes at lhe point in time thal they arc right to lhe end. We ended lhe applications for Public Worts Dnclor, he a,ntinucd. We received quite a few , and we will be going through a review process on thlll position. (i) City Manager Sears staled that. al lhe NLC Confercnc:e. !here are a nwnber or meetings thlll we have been able to set up. and we just need to come together with lhe schedule for lhat He said he is going to review with Din:ctor Simpson what is going to happen with thal. We have received some preliminary information that lhe Federal Transportalion Commission. that meets periodically in Washington. is imerated in meeting in Colorado in May . Mr. Sears said we feel this is a very positive sign. because this is lhe primary project that they are involved with funding. so we may end up, if they do make thlll clccision. with some potemally really good publicity. nationally. about lhe project across lhe IIRet. We will let you know, he said. as a result of our meetings on Monday and Council can come back to thlll next week. 14 . City Au.ney'1 lleport (a) City AUoraey BnllZlllall n,quested Council appoint anomeys Norm Higley, Phil Figa. Dana Eismeier. and Anh..-Mizzi from lhe law firm of Bums. Fip and Will. to pursue mvirunmaul clai-apiml Cindennak and Equitable . Mr. BnllDIWI said. nonmlly, they just name law fun&. nllber than specific anomeys. bul. in this case. CNIC oflhe main partnlifS. Kemp Will. seprams Ocaaal Iron. They have lqlllaled their firm. and Kemp Will CUl'l'Clldy does not get aay iafonallioa oa lhe CiDdesella City lite. he advised. They arc two dill'Clall isales. but sillce !here is a polClllial dlll Ocaaal Iron miglll have sued Ill in lhe plll. and !here -thlll polallial coaftic:l. lie simply IICppcd aide. he said. Norm Higley has been doing our mviRIIIIIIClllal wort for lhe Foundllion. he advised. and has been cloiDg a terrific job. It ac:tually helped us in a very dill'erent way . Mr. Brotzna llllled thlll o..-enviroamealal comultanl and Mr. Higley have been working clolely togelher with Public Worts on ,eaing ~ albellol case ready. When we got to lhe actual environmerbl issues for real estate clolinp. he said. lhe CIIVUUIUlallal attorneys. that came in to look at all those issues, said ii was in gral form. and it was a lot easia' and faster for lhe Wal-Mart mvironmental attorney. and for Miller/Weinpr1en'1 environmental attorney, to actually work through that Mr. Brotzman Slated thlll Mr. Higley has clone a terrific job and he would like to keep him on this . The others are going to add more of a litigation side. helping him get thal claim filed. Council Member Bradshaw said she felt ii was okay as long as we win . Council Member Habenichl asked if this is Mayor B..-ns' firm. Mayor Bums said no, it is a c:ompletcly dill'ereal Bwm. He thanked Ms. Habenicht for clarifying that . • • 0 - ~CkyCwadl Mardi l, 1"9 ... 12 • • • COUNCIL IUMUR allADSBAW MOVED, AND IT WAS SECONDED, TO APPOINT ATl'OIUUYS NOUI BIGU:Y, PHIL nGA, DANA ElSMElER AND AR111UR MIZZI noM 1'IR LAW ..... o• aUllNS. nGA, AND WILL TO PURSUE ENVIRONMENTAL CLAIMS AGAINST CINDI.DIAK AND EQUITABLL A.yes : Council Mcmbcn Nabbolz. Gandt. Bradshaw. Habenicbl, Waggoner, Grazulis. Bums Nays: Nooe Molioll canied . 15. Mjea~ ~-, . • ' • • 0 - • 1. 2. 3 . • • • ... AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MARCH 1, 1999 7:30 P.M. Call to order. rJ. 4"/,, ~ Invocation. /}~ Pledge of Allegiance. ~ 4 . RollCall. 7 ~ 5. Minutes. {)fpi 9--0 a. Minutes from the Regular City Council meeting of February 16, 1999.~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) fr 7 . Non-Scheduled Visitor&. (Please limit your presentation to five minutes.) ff 8. Communications, Proclamations, and Appointments. fr 9. Public Hearing. (None scheduled) ff ?~· c~e~tf~~~--r ~ //JtJ..i ii Iii /,; fV opµ Oa:o~O~F,rs~ ._) J I / i. Council Bill No. 8 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement #140. STAFF SOURCE: Sl9wat H. Fonda. DINCtor ol UIIIIIIN. ii. Council Bill No. 9 • Recommendation from the Utilities Department to adopt a biH for an ordinance approving Southgate Supplement #141. STAFF SOURCE: sa.w.t H. Fonda. DlrecllDr ol Ulllllla ,..... nol9: I you have a dlaabllly and naed....., aide• •.eta 11, pllale nalfy .. Cllyol lftalsaood (30l-712-2401} 81 INat 41 hours In...._ ol ............ ......_ ,....,... • . ., • • 0 I • • • t• • - Englewood City Council Agenda March 1, 1999 Page2 iii. Council Bill No . 1 O -Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement #142 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iv. Council Bill No . 11 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving License Agreement with Southpark Metropolitan District for a sewer line easement. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. v . Council Bill No . 14 -Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to adopt a bill for an ordinance amending the Wastewater Utility Ordinance to meet Environmental Protection Agency requirements . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. b . Ap~I of Ordinances on Second Reading . '7-0c .~~ ~ /0~! 1/1-i,:;" Opµ i. Recommendation from the ~rtment t~approve , 6y motion, the purchase of a 3/4 ton pickup truck. Staff recommends awarding the bid through a state bid process to King Chamberlain in the amount of $22 ,981 .00 . STAFF SOURCE: Stewart H. Fonda, Director of UtllltlN. ii. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion , the purchase of an air conditioning condenser for the Plant. Staff recommends awarding the bid to the lowest bidder, The Trane Company in the amount of $32,674.00. STAFF SOURCE: Stewart H. Fonda, Director of UtllltlN. iii. Recommendation from the Department of Parks and Recreation to approve , by motion , a construction contract for new restroom facilities at Belleview Park . Staff recommends awarding the bid to the lowest bidder , Farcon , Inc., in the amount of $47 ,390 .00 . STAFF SOURCE: Jerrell Black, Director of Parka and Recraatlon. 11 . Regular Agenda . a . Approval of Ordinances on First Reading . o{)fi'?-o b . C . i. Council Bill No . 15 -Recommendation from the City Clerk's Office/Election Commission to adopt a bill for an ordinance reapportioning City Council Districts to comply with City Charter requirements. STAFF SOURCES: Frank Gryglewlcz, Director of Financial ServlcN and Loucrtehla A. Ellla, City Clerk/Election Cornmlulon Member. ~ Approval of Ordinances on Second Reading . ~ Resolutions and Motions . ~ PINN nol9: ff you haw a disability and IINd auxUtary alcla or Ml'VicM, plNN nollly ttw City of Englewood (303-782-2405) at INst 48 hours In advance of when NrYlcN 111'9 nNCllld. Thank you. •• ...... . r,,1 .. I 1t t ..... • • • 0 f -• • ·, • '. r Englewood City Council Agenda 'March 1 , 1999 Page3 12 . General Discussion . a. Mayor's Choice . b . Council Members' Choice. Council Bill No . 17 -A bill for an ordinance approving the purchase of the Skerritt home//~ 13 . City Manager's Report. a. Englewood Center Update. 14. City Attorney's Report . /Jffd f)-O a . Request appointment of certain attorneys from the law firm of Burns~iga •. and Will to pursue environmental claims against Cindermak and Equitable . ~ ~ Adjourn~ The following minutes were transmitted to City Council between 2/12/99-2/25/99: • Englewood Clean , Green and Proud Commission meeting of January 12, 1999 • Englewood Public Library Board meeting of January 12, 1999 • Englewood Code Enforcement Advisory Committee meeting of January 20, 1999 • Englewood Liquor Licensing Authority meeting of February 3, 1999 PINN nola: If you have a dlublllty and need audlary aide or wvloN, plew nallfy a. Clly ol 11 .... ood (303-712·2405) at leut 41 hcua In advance GI WNII NrVlcN .. nNded. 11w1k ,ou. . , .. • • 0 f ~7xl - ... • 1. 2 . • 0 • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MARCH 1, 1999 Call to order. '7. 4"/., }*-- Invocation. /}~ 7 :30 P.M. 3. Pledge of Allegiance . ~ 4 . Roll Call . 7 ~ 5 . Minutes. Ofp-19-0 a. Minutes from the Regular City Council meeting of February 16, 1999. ~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) fr 7. Non-Scheduled Visitors . (Please limit your presentation to five minutes.) fr 8 . Communications, Proclamations , and Appointments. ff 9 . Public Hearing . (None scheduled) 5 10. C~entAgenda. ..J..:-~,11 · · ·· ·.1 '1-V 11LJ.,1,,J 'l-0 All A-111 J f,() ' , (/ ~ i J // //// IV 7 / a . Approva o Orcifn~~n First ading. ' ) i. ii. Council Bill No . 8 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement #140. STAFF SOURCE: Stewart H. Fonda, Director of UtllltlN. Council Bill No . 9 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement #141 . STAFF SOURCE: Stewart H. Fonda, Director of UtllltlN. P ..... nota: If you have• dlublllty and need auxlllary aide or wvlcN, ....... nallly 1118 Clly of lliglawood (303-762·2405) at lust 48 hours In advance of when NrvlcN .. IINded. Thmk you. ..... .. I· • 0 - • • • • Englewood City Council Agenda March 1, 1999 Page2 iii. Council Bill No . 10 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement #142. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iv . Council Bill No . 11 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving License Agreement with Southpark Metropolitan District for a sewer line easement. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. V. Council Bill No . 14 -Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to adopt a bill for an ordinance amending the Wastewater Utility Ordinance to meet Environmental Protection Agency requirements . STAFF SOURCE: Stewart H. Fonda, Director of Utllltles. b . Ap~I of Ordinances on Second Reading. '7-c.~~ ~ /Ot!-1111-1,1· {).pµ '-0 i. Recommendation from the ~ment t~pprove, 6y motion , the purchase of a 3/4 ton pickup truck. Staff recommends awarding the bid through a state bid process to King Chamberlain in the amount of $22 ,981 .00 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ii. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve , by motion, the purchase of an air conditioning condenser for the Plant. Staff recommends awarding the bid to the lowest bidder, The Trane Company in the amount of $32,674.00. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iii. Recommendation from the Department of Parks and Recreation to approve, by motion , a construction contract for new restroom facilities at Belleview Park. Staff recommends awarding the bid to the lowest bidder, Farcon, Inc., in the amount of $47 ,390.00 . STAFF SOURCE: Jerrell Black, Director of Parka and Recreation. 11 . Regular Agenda . a . Approval of Ordinances on First Reading . opp''?-o b . c . i. Council Bill No . 15 -Recommendation from the City Clerk's Office/Election Commission to adopt a bill for an ordinance reapportioning City Council Districts to comply with City Charter requirements . STAFF SOURCES: Frank Gryglewlcz, Director of Financial ServtcN and Loucrlshla A. Ellls, City Clerk/Election Commission Member. ~ Approval of Ordinances on Second Reading . ,Er' Resolutions and Motions . ,:tr' PINN nola: If you haV9 a dlsablllty and nNd auxiliary alda or NrVlc:N, plNN nollfy Ille City ot Englewood (303-712-2405) at INat 41 hours In advance ot when MrVicH ars IINdecl. Thank you. • ...... ti',",\ • 1 l l ,, ,· .. • • • 0 - Englewood City Council Agenda ., March 1, 1999 Page3 12. General Discussion . a. Mayor's Choice . b. Council Members' Choice . • • • <. Council Bill No . 17 -A bill for an ordinance approving the purchase of the Skerritt home/)~ 13. City Manager's Report . a. Englewood Center Update. 14 . City Attorney's Report . ~fJ-O a . Request appointment of certain attorneys from the law firm of Burns~iga,_ and Will to pursue environmental claims against Cindermak and Equitable . f3ll-l,,I.. I.J.u/- Adjourn~ The following minutes were transmitted to City Council between 2/12/99-2/25/99 : • Englewood Clean, Green and Proud Commission meeting of January 12, 1999 • Englewood Public Library Board meeting of January 12, 1999 • Englewood Code Enforcement Advisory Committee meeting of January 20, 1999 • Englewood Liquor Licensing Authority meeting of February 3, 1999 PINN noa: n you haw• dlublllly and need 8IIXllary aids or wvlcM. plaW nam, .. cay o111.-ooc1 (303-712-2405) at leat 41 hourS In llclvanCe of..,., NMON .. IINded. l'** ,OU. • • • • 0 '32xl - • • 1. 2 . 3 . • 0 • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MARCH 1, 1999 Call to order. '7. 4"/., ~ Invocation . /J~ Pledge of Allegiance . ~ 7 :30 P .M. 4. Roll Call. 7 ~ 5. Minutes . i)ffi~oa . Minutes from the Regular City Council meeting of February 16, 1999. ~ 6. Scheduled Visitors . (Please limit your presentation to ten minutes.) fr 7. Non-Scheduled Visitors . (Please limit your presentation to five minutes.) ff 8. Communications, Proclamations , and Appointments . fr 9. Public Hearing . (None scheduled) ff ?~· coae~t f~e~n~~-r ~ ') j 4-i ii iii 1 /ti 'I-V OffJ O /0 ~or~Firs~ ' ) ) i. ii. Council Bill No . 8 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement #140 . STAFF SOURCE: Stewart H. Fonda, Director of Utllltlff. Council Bill No . 9 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement #141 . STAFF SOURCE: Stewart H. Fonda, Director of Utllltlff. PINN note: If you have a dlublllty and need auxUlary alda or HrVlcN, plNN noaty the City of Englewood (303-782-2405) at least 48 hours In advance of when NrVlcea .. nNClad. Thank you. ....... ·- .. •· • 0 - • • • • • Englewood City Council Agenda March 1, 1999 Page 2 iii. Council Bill No . 10 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement #142 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iv . Council Bill No . 11 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving License Agreement with Southpark Metropolitan District for a sewer line easement. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. v . Council Bill No. 14 -Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to adopt a bill for an ordinance amending the Wastewater Utility Ordinance to meet Environmental Protection Agency requirements. STAFF SOURCE: Stewart H. Fonda, Director of Utllltles. b . Ap~I of Ordinances on Second Reading . '7-C -~~~ /Of!..! 1/1-1,/ ~ '-0 i. Recommendation from the ~rtment t;/approve , 6y motion, the purchase of a 3/4 ton pickup truck . Staff recommends awarding the bid through a state bid process to King Chamberlain in the amount of $22 ,981 .00 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ii . Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion, the purchase of an air conditioning condenser for the Plant. Staff recommends awarding the bid to the lowest bidder, The Trane Company in the amount of $32,674.00. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iii. Recommendation from the Department of Parks and Recreation to approve , by motion, a construction contract for new restroom facilities at Belleview Park . Staff recommends awarding the bid to the lowest bidder, Farcon , Inc., in the amount of $47 ,390 .00 . STAFF SOURCE: Jenell Black, Director of Parks and Recreation. 11 . Regular Agenda . a . Approval of Ordinances on First Reading . b . C. i. Council Bill No . 15 -Recommendation from the City Clerk's Office/Election Commission to adopt a bill for an ordinance reapportioning City Council Districts to comply with City Charter requirements . STAFF SOURCES: Frank Gryglewlcz, Director of Financial Services and Loucrlahla A. Ellla, City Clerk/Election Commlaalon Member. ~ Approval of Ordinances on Second Reading . $' Resolutions and Motions . ~ PINN note: If you haw a dlaablllty and nNd auxiliary alda or wvtces, ptNae notify Ille City of E11glawood (303-782-2405) at least 48 houra In advance of when NrVic:N .. nNded. Thank you. .. ..... • ..... • . I • • 0 '32 x l - - • • • '· ~glewood City Council Agenda March 1, 1999 Page3 12. General Discussion. a . Mayor's Choice. b . Council Members' Choice . Council Bill No . 17 -A bill for an ordinance approving the purchase of the Skerritt home//~ 13. City Manager's Report. a. Englewood Center Update. 14. City Attorney's Report. tJf'fd f)-O a. Request appointment of certain attorneys from the law firm of Burns.i,,{iga,_ and Will to pursue environmental claims against Cindermak and Equitable . ~"'-u/- Adjourn~ The following minutes were transmitted to City Council between 2/12/99-2/25/99: • Englewood Clean, Green and Proud Commission meeting of January 12, 1999 • Englewood Public Library Board meeting of January 12, 1999 • Englewood Code Enforcement Advisory Committee meeting of January 20, 1999 • Englewood Liquor Licensing Authority meeting of February 3, 1999 PluH nota: If you have• dlublllty and nwl auxlllary aids or Nl'vloN. plew nollly Ille City of 11!.t.-,oocl (303-712-2405) at leaat 48 hows In advance of when MMCM .. nNded. Thalk ,OU. I .. • • 0 , I -• • • PUBLIC COMMENT ROSTER DATE: MARCH 1, 1111 NON-SCHEDULED VISITORS MAY SPEAK FOR A IIAXIIIUM OF FNE MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS. AND TOPIC OF COMMENT. PLEASE PRINT NME TOPIC ' . , . .. • • 0 - • • • , . . • ' .. ENGLEWOOD CITY COUNCO.. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO lleplar Saliea Feltnaary 16. 1''9 1. CaUtoOnkr 1bc regular meeting of the Englewood City Council was called toonkrby Mayor Bums at 7 :33 p.m. 2. 1bc inwcabOII was given by Council Member Nabholz. 3. l'ledF ffl AlletiU" 1bc Pledge of AllcgianCC was led by Mayor Bums. 4. Rall Call Present: Council Members Nabholz. Grazulis. Gam:tt. Bradshaw. Habcnicbt. Waggoner, Bums Absent : None A quorum was present Also prcscnt : City Manager Scars City Attorney Brotzman City Clcrlt Ellis Director Black. Parks and Recrcalioo Director Fonda. Utilities 5. Mi.ta (a) COUNCIL MEMBER NABBOLZ MOVED, AND IT WAS SECONDED, TO APPROVE TRI. MINUTES OF TRI. REGULAll MEETING OF RBRUARY I, 1999. Ayes : Council Members NIIIMlz. Gam:U. Bradshaw. Habenicht, Waggoner. Gnzulis. Bums Nays : None Motion carried . 6. Sdledaled Viliton 6 A (a) Rcprescnta!MS from the organi7.lltions receiving Aid to Other Agencies funding from the City of Englewood were present to accept their donalions. (i) Mayor Bums presented a check to Court House Inc., Volun&cer Coordinator Mary Wenrich. Ms . Wenrich thanked Council and offered their appreciation, noting this means a great deal to them . (ii) No one rcprcscntcd Qalcway Battered Women's Shcltcr. Mayor Burns advised that they would make sure Linda James. Executive Director. receives the cbcck from the City . '· ' • ' ' I • • 0 - • En&l-ood City Counc:il Fcbnaary 16, 1999 Pagel • 0 • ... (iii) Mayor Bums presented a check 10 Sandra Blythe-Peny. Executive Director of Incer-Failh Task Force. Ms . Blythe-Peny thanked Council on behalf of the many low income families who arc striving for self efficiency in the Englewood area. She said Inter Faith Task Force's work would not be as meaningful without the continued support of the City. (iv) Mayor Bums presented a check to Jan Andrus, Director of Meals on Wheels. Ms . Andrus thanked the Council on behalf of the senior cili7.cns in our community. She said it's amazing how many lhcrc arc and how many need help just staying in their own home . Again. she thanked Council for their help. (v) Mayor Bums presented a check to County Commissioner Steve Ward, on behalf of Arapahoe County Steering Committee Chair for the Metropolitan Mayors and Commissioners Youth Awards. Mr. Ward Slated this is a meaningful program and they do appn:cialc the suppon. He offeml their thanks. Mayor Bums DOied that these arc all wonby organilJllions and they· ve been in the community for a long time and have done some excellent work. He said Council is very happy and pleased to be able to contribute to their success . There were no non-scheduled visitors. 8 . (a) A letter from Edward H. Krueger indicating his rcsignalion from the Englewood Cultwal Ans Commission was considered. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET THE RESIGNATION OF EDWARD H. KRUEGER FROM THE ENGLEWOOD CULTURAL ARTS COMMISSION. Council Member Habenicht Slated what a wonderful job Mr. Krueger did on the Commission. He's moving out of the state. She said thal Council apprccialcs the work he bas clone. Mayor Bums thanked him for his service. VOie raults: Motion carried. Ayes : Council Members Nabholz. Garrett. Bradshaw, Habenicht, Waggoner, Grazulis. Bums Nays : None (b) A letter from Chris Havens indicating his resignation from the Englewood Uiban Renewal Authority was considcml. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET THE RESIGNATION OF CHRIS HAVENS FROM THE ENGLEWOOD URBAN RENEWAL AUTIIORITY. Ayes : Nays: Motion carried. Council Members Nabholz. Ganal Bradshaw. Habenicht, Waggoner. Grazulis, Bums None ..... •. .. D •· • 0 • Englewood City Council February 16, 1999 Pagel • • • Mayor Bums staled that Council had a number of resolutions reappointing and appointing members to the boards and commissions for the City extending from Item 8 (c) through (aa). COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 8 (c) THROUGH (u). Ayes : Council Members Nabholz. Gamlt. Bradshaw, Habenicht. Waggoner, Grazulis, Bums Nays: None Motion carried . (c) RESOLtmON NO. 17. SERIES OF 1999 A RESOLtmON REAPPOINTING CAROL BELT TO 1lfE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD. COLORADO. (d) RESOLtmON NO. 18. SERIES OF 1999 A RESOLtmON REAPPOINTING JANET BERENS TO 1lfE CLEAN. GREEN AND PROUD COMMISSION FOR TIIE CITY OF ENGLEWOOD, COLORADO. Mayor Bums presented a certificate and City pin to Ms . Berens . (e) RESOLtmON NO. 19. SERIES OF 1999 A RESOLtmON REAPPOINTING TODD BOYER TO 1lfE CODE ENFORCEMENT ADVISORY COMMITIEE FOR 1lfE CITY OF ENGLEWOOD. COLORADO. (I) RESOLtmON NO. 20, SERIES OF 1999 A RESOLtmON APPOINTING LORRJ CAHILL TO TIIE PUBLIC LIBRARY BOARD FOR TIIE CITY OF ENGLEWOOD, COLORADO. Mayor Bums presented a certificate and City pin to Ms. CabiU . (g) RESOLtmON NO. 21. SERIES OF 1999 A RESOLtmON REAPPOINTING A. GRAY CLARK TO TIIE WATER AND SEWER BOARD FOR 1lfE CITY OF ENGLEWOOD. COLORADO. (h) RESOLtmON NO. 22 , SERIES OF 1999 A RESOLtmON APPOINTING CARLA DA VJDSON TO TIIE BOARD OF ADJUSTMENT AND APPEALS FOR TIIE CITY OF ENGLEWOOD, COLORADO. Mayor Bums presented a certificate and City pin to Ms . Davidson. (i) RESOLtmON NO. 23 . SERIES OF 1999 A RESOLtmON REAPPOINTING KA TIIERINE FISCHBACH TO CODE ENFORCEMENT ADVISORY COMMITIEE FOR TIIE CITY OF ENGLEWOOD, COLORADO. (j) RESOLtmON NO. 24. SERIES OF 1999 .. -.... . ' • .. •· • 0 '32xl • Enitewood City Council Febnaary 16, 1999 Page4 • • • , . A RESOLUTION REAPPOINTING ABBY GOLDSMITH TO THE CLEAN . GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD . COLORADO . (k) RESOLUTION NO . 25. SERIES OF 1999 A RESOLUTION REAPPOINTING DEAN HUFF AKER TO CLEAN. GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD . COLORADO . (I) RESOLlITION NO . 26. SERIES OF 1999 A RESOLUTION APPOINTING L. GARY KASSON TO THE FIREFIGHTERS' PENSION BOARD FOR THE CITY OF ENGLEWOOD . COLORADO . Mayor Bums prcsenlcd a cenificatc and Cily pin lo Mr. Kasson. (m) RESOLlITION NO . 27 . SERIES OF 1999 A RESOLUTION APPOINTING L. GARY KASSON TO THE WATER AND SEWER BOARD FOR THE CITY OF ENGLEWOOD. COLORADO . Mayor Bums prcsenlcd a cenificale and Cily pin lo Mr. Kasson. (n) RESOLlITION NO . 28. SERIES OF 1999 A RESOLUTION APPOINTING ROBERT LINDSAY TO THE URBAN RENEW AL AIJTHORITY FOR THE CITY OF ENGLEWOOD. COLORADO . (o) RESOLlITION NO . 29. SERIES OF 1999 A RESOLUTION REAPPOINTING MARCIA O'BRIEN TO THE BOARD OF ADJUS1MENT AND APPEALS FOR THE CITY OF ENGLEWOOD . COLORADO . (p) RESOLlITION NO . 30. SERIES OF 1999 A RESOLlITION REAPPOINTING JAMES PHELPS TO THE POLICE OFFICERS' PENSION BOARD FOR THE CITY OF ENGLEWOOD. COLORADO . (q) RESOLlITION NO . 31. SERIES OF 1999 A RESOLlITION APPOINTING DAVID RASBY TO THE BOARD OF ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD. COLORADO . Mayor Bums prcsenlcd a cenificale and Cily pin lo Mr. Rasby . (r) RESOLlITION NO . 32 . SERIES OF 1999 A RESOLlITION REAPPOINTING CHARLES REDPATH TO THE ELECTION COMMISSION FOR THE CITY OF ENGLEWOOD . COLORADO . (s) RESOLlITION NO . 33. SERIES OF 1999 • .. I· • 0 '32xl - • Enpewood City Council Febniary 16, 1999 Pace!I • • • I • A RESOLlITION REAPPOINTING DON ROTII TO CLEAN. GREEN AND PROUD COMMISSION FOR 1llE CITY OF ENGLEWOOD . COLORADO . (t) RESOLlJTION NO . 34. SERIES OF 1999 A RESOLlITION APPOINTING TED SELL TO 1llE CLEAN. GREEN AND PROUD COMMISSION FOR 1llE CITY OF ENGLEWOOD, COLORADO . Mayor Bums presented a cenificate and City pin to Mr. Sell . (u) RESOLlJTION NO . 35. SERIES OF 1999 A RESOLlITION APPOINTING TED SELL TO TifE CODE ENFORCEMENT ADVISORY COMMITTEE FOR 1llE CITY OF ENGLEWOOD. COLORADO. Mayor Bums presented a cenificate and City pin to Mr. Sell. (v) RESOLlJTION NO . 36, SERIES OF 1999 A RESOLlITION REAPPOINTING DONALD SEYMOUR TO TifE BOARD OF ADJUSTMENT AND APPEALS FOR 1llE CITY OF ENGLEWOOD. COLORADO . Mayor Bums presented a cenificate and City pin to Mr. Seymour. (w) RESOLlITION NO . 37. SERIES OF 1999 A RESOLlITION REAPPOINTING SONDRA SMITifERS TO TifE PUBLIC LIBRARY BOARD FOR TifE CITY OF ENGLEWOOD, COLORADO . (x) RESOLlITION NO. 38, SERIES OF 1999 A RESOLlITION REAPPOINTING GERALD ST ANKORB TO CLEAN, GREEN AND PROUD COMMISSION FOR 1llE CITY OF ENGLEWOOD . COLORADO . Mayor Bums presented a certificate and City pin to Mr. Slallkort>. (y) RESOLlJTION NO . 39. SERIES OF 1999 A RESOLlITION REAPPOINTING GERALD ST ANKORB TO CODE ENFORCEMENT ADVISORY COMMITTEE FOR 1llE CITY OF ENGLEWOOD . COLORADO . Mayor Bums presented a cenificate and City pin to Mr. Stankorb. (z) RESOLlJTION NO . 40, SERIES OF 1999 A RESOLlITION APPOINTING CASEY STOCKWELL TO TifE PLANNING AND ZONING COMMISSION FOR TifE CITY OF ENGLEWOOD. COLORADO . (aa) RESOLlJTION NO . 41 , SERIES OF 1999 A RESOLUTION APPOINTING CHRIS WILLIS TO TifE PLANNING AND ZONING COMMISSION FOR 1llE CITY OF ENGLEWOOD. COLORADO . •• ..... ,,,_ • . •· • 0 '32 x l • Englewood City Council February 16, 1999 Page6 • • - Mayor Bums pn:sc:nlcd a ccnificale and Ci1y pin lo Mr. Willis. I• Mayor Bums noted how much ii means. 10 lhc Cily . to have all of thc:se folks volunteer. Without them the boards and commissions couldn 't function and an awful lot of the services performed by the Cily wouldn't happen. He stated Ibey keep coming back over and over again to serve and nc:w people in the community are here just a couple of months who serve. We reap grcaa benefits among citizens who serve on thc:se boards and commissions and we really appreciate it. he said. 9 . Public Heari•c No public hearing was scheduled before Council . 10 . Coa-t Apda (a) Approval of Ordinances on First Reading There were no items submitted for approval on first reading. (b) Approval of Ordinances on Second Reading COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (i), (ii) ud (iii) ON SECOND READING. (i) ORDINANCE NO. 7. SERIES OF 1999 (COUNCIL BILL NO. 4. INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUlliORIZING AN INTERGOVERNMEIIIT AL GRANT AGREEMEIIIT BETWEEN 1lIB CITY OF ENGLEWOOD. COLORADO AND STA TE BOARD OF 1lIB GREAT OUTDOORS COLORADO TRUST FUND PERTAINING TO 1lIB DEVELOPMEIIIT OF An«..ETIC FIELDS LOCATED AT CLAYTON SCHOOL. (ii) ORDINANCE NO. 8, SERIES OF 1999 (COUNCIL BILL NO. 6 , INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUlliORIZING A GRANT OF A PERMANEIIIT DRAINAGE EASEMEIIIT BETWEEN 1lIB CITY OF ENGLEWOOD. COLORADO AND HIGHLANDS RANCH METROPOLITAN DISTRICT NO. 3. FOR 1lIB PURPOSE OF INSTALLING A STORM WATER DRAINAGE FACILITY. (iii) ORDINANCE NO. 9, SERIES OF 1999 (COUNCIL BILL NO. 7. INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AMENDING TITI.E 11, CHAPTERS I AND I B. OF 1lIB 198S ENGLEWOOD MUNICIPAL CODE PERTAINING TO OBEDIENCE TO OFFICIAL TRUCK TRAFFIC CONTROL DEVICES. Council Member Waggoner asked for a discussion before the vote . He realized they an: on the Consent Agenda. but they were mixed up. He said to straighlen them out and then Council could vote for them. Council Member Bradshaw agreed. Council Member Garrett noted thal E:d1ibi1 A. anachcd 10 10 (b) (iii). Council Bill No . 7. should be attached 10 10 (b) (ii), Council Bill No. 6 . .. -•• ...... • . •· 0 '32xl - • Englewood City Council February 16, 1999 Page 7 Vote resultJ: . ' • 0 I ~ - Ayes : Council Members Nabholz, Gandl Bradshaw. Habenicht. Waggoner. Grazulis. Bums Nays : None Motion carried. (c) Resolutions and Motions lbere were no additional resolutions or motions submined for approval . (See Agenda Item 11 • Regular Agenda.) 11. Replar Agenda (a) Approval of Ordinances on Firs! Reading lbere were no items submitted for approval on firsl reading. (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading. (See Agenda Item IO • Consent Agenda.) (c) Resolutions and Motions (i) Director Black presented a recommendation from the Cultural Arts Commission to adopt a resolution reserving space on the second noor of the new Civic Center for cultural ans activities . He said. as they discussed in Study Session last week. this resolution would allocate up to I S.000 square feet. for cultural purposes, for a period of up to eighteen months in the new Civic Center building. During that period of time the Cultwal Arts Commission will be conducting a needs assessment survey throughout the community, he said. It will help them to determine the besl use of that space in the Civic Center and once that assessment is completed and they make a recommendation we 'II cenainly bring it back to Council. During this time. he advised. they may also use a Cultwal Arts Planner to assist in detcnnining the best use of that space in the Civic Center building. Mayor Burns asked if there were any questions or discussion. Council Member Garrett recommended that in the resolution ... before I S.000 square feet ... that they insen the word "approximately" since we're going to be working on this space . Just so wc·re IIOI saying it's exactly IS ,000 ... which is son of the staff recommendation. Because. he noted. it 's going to 010\'e around a little bit. The resolution was assigned a number and read by title: RESOLlITION NO . 42 , SERIES OF 1999 A RESOLlITION RESERVING CUL TIJRAL SPACE AT THE NEW CITY CIVIC CENTER . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) • RESOLUTION NO. 42, SERIES OF 1999. Ayes : Council Members Nabholz, Garrett Bradshaw. Habenicht. Waggoner. Grazulis. Burns Nays : None ...... I' - • . .. •· 0 - • • • • Englewood City Council Febnaary 16, 1999 Page8 Motion carried. (ii) Dircc10r Fonda presented a recommendalion from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee 10 approve, by motion, an expenditure of $33,924.00 to upgrade 10 the preferred dcctrical service feeder for the Plant. Mr. Fonda swed that they arc contracting this item scpara1Cly with Public Service, so it was not pan of the original design and bid. He noted, we had the budget done before they got their proposal back to us but it is something we need and we need to have it installed as pan of this project. He explained that it needs 10 be upgraded in size because of the additional units that arc going on at the plant as pan of the construction project. Mayor Burns asked if available funding was in the operating budget as the memo says. Mr. Fonda said yes COUNCIL MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO APPROVE AN EXPENDITURE OF SJJ,914.N TO PUBLIC SERVICE COMPANY. Ayes : Council Members Nabholz. Garrett. Bradshaw. Habenicht. Waggoner. Grazulis. Burns Nays: None Motion carried. (iii) Director Fonda presented a recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve. by motion, an expenditure of $100,000.00 to complete a previously approved contract for cleaning the anaerobic digesters. Mr. Fonda stated they had already cleaned one and this cleaning goes hand in hand with the timing of the contractor. The first one cost $6.5 ,000.00 and these three will cost about $33,000.00 a piece. The difference in cost is that the first one had to be cleaned out by the concnctor, but we now have new equipment insaalled and the digester is pan of the conlracl ... that he won't have to clean them out. He won't have to remove the sludge before he does the ultimale cleaning. There is a lot of sludge -i illVOMld. Council Member Habenicht asked how this will affect odor control at the plant . Mr. Fonda said the digesters don't have a lot to do with odor control. they're just a process unit. Ms. Habenicht said okay. Mayor Burns asked if the funds arc available in the operating budget and the sewer funds. Mr. Fonda said that was right Mr. Fonda noted that if they go bad they can really make bad odors. so getting them fixed up helps prevent it . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AN EXPENDITURE OF SI00,000.00 TO COMPLETE TIIE CLEANING OF THE Ll1TLETON/ENGU:WOOD WASTEWATER TREATMENT PLANT ANAEROBIC DIGESTERS. Ayes: Council Members Nabholz. Garrett Bradshaw. Habenicht. Waggoner. Grazulis. Burns Nays : None Motion carried. 12 . (a) Mayor's Choice (i) Mayor Bums said that he was pleased to repon we made an appearance earlier this evening at the RTD Board of Director's Study Session and pve them a presentatiotl of slides and a model and display boards about the Englewood Civic Center, the redevelopment of Cinderella City. This ...... .. •· • 0 . -- ~1 ,, I , ' .. • Englewood City Council Fcbn1ary 16, 1999 Pagc9 • 0 • t• was possibly the best meeting I've ever been to in front of an RTD Board. he said. We have a different board down there this time. but even the conservative members, were very enthusiastic about this project. One thing we were very pleased with. he said, was that they recognized very readily that we need more parking than they originally asked for in the development and they've already seen what 's happened to the parking, the present stops and the MAC line. So. overall. they're very excited about the design. We got a loc of compliments about how we have changed this from a big box retail center to a transit oriented center with housing, cntcrtainmenL and City Hall and it was just a general air of excitement with the Board. The General Manager said if their budgeting continues. the way that it is. they would hope to have additional funds to help us enhance the project in a number of ways. Noc just parking, but common area maintenance charges. possibly heating the ramps. making sure we have the kind of access that's safe for patrons. All in all it was a very exciting. very positive meeting. Members of the Boa,d followed us out to the hall afterward. congratulating us. as many did from their scats. he said. It was an extremely positive meeting and it was a pleasure to be there. He commented that we've been to some that were really tough in the past . (ii) Mayor Bums commented that there was a very nice article in the Post this morning about Roscoe Davidson and his retirement and a very complimentary anicle by Ginny McKibben. It was certainly well deserved and it was nice to sec that. (iii) Mayor Bums stated that he has a repon on the NLC conference. He noted that after he finally got his bag back. his receipts and his notes. he was finally able to prepare a repon. (iv) Mayor Bums asked Sue Bradshaw if she had a request for approval for him to go to the NLC Legislative Conference. Council Member Bradshaw said she didn't think he was going to be able to make the whole conference. Mayor Bums said thal he wouldn't be at the whole conference. He said he is going in on Friday and coming back on Monday night . He said if Council wanted to reduce that that the registration would be the same, but three days room and three days meals would be the diffcrcncc. instead of the full amount because they show six days. Mayor Bums staled that with that change it will be considerably less than what we have here . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AN EXPENDITURE OF 52,000 FOR MAYOR BURNS TO ATl'l:ND TIIE NLC CONFERENCE. Ayes: Council Members Nabholz. Gam:tL Bradshaw. Habenicht. Waggoner. Grazulis. Bums Nays: None Motion carried. (b) Council Member's Choice (i) Council Member Nabholz: I . She thanked Parks and Recreation for meeting with the Historical Society Friday to take a look at the site to discuss irrigation as well as pulling some grass down. She said she was so graacful the old tar paper building came down today . so the phone calls hopefully will stop. That depanment really moves and she appreciates how swift they handle requests . 2. She stated that on Thursday. February 16. at 7 :00 p.m. there will be a neighborhood meeting in the Perrin Room for the Nonh Englewood area. She invited all Council Members to join them. She advised that it is in regard to the Inca Street. Danmouth traffic and traffic on Santa Fe. as well as the traffic on Broadway and it's something we need to look at as it impacts our City all over. Council Member Garrett asked if a notice should be posted. Ms. Nabholz said we probably should post a notice. just in case . .. ., •· • • Englewood City Council Fcbnaary 16, 1999 Page 10 (ii) Council Member Bradshaw : • 0 • I . She thanked Safety Services for encouraging the removal of a trailer on East Bates Avenue ... it 's gone. 2. She said kudos to staff and Council for their presentation al the R TD meeting. She said she was sorry she couldn't be there, she was teaching. She added it was a job well done . (iii) Council Member Grazul.is : I . She stated that this week State Rcprcsc:ntativc Clapp is meeting with Governor Owens and if anybody wishes to call her rcpnling our concerns regarding his statement about no state funding for light rail . Ms. Gruulis opined his timing is not the greatest and perhaps she could convey that since she docs rcprcscnt us. or pan of us . Mayor Bums commented that some of the mayors in the Metro Mayors Caucus arc calling for a special meeting with him too . He said especially those, of course, in Aurora and Lakewood who arc next in line and arc concerned that if the southeast corridor fails it 's going to spell a lot of problems for all of them. A resolution was passed by the Metro Mayors urging the governor and RID to wort together to find a solution to this problem. Because. he noted. as he has said before. if you don 't have your act together the Federal Transit Administration probabl y isn 't going to go with you and it's very imponant for them to solve that problem as soon as they possibly can. 2. She advised that she was asked by Representative Clapp to pass along that on February 23n1 between 7:00 and 8 :30 at the Casdcwood Library. there will be a town meeting. She said if there arc any issues you wish to bring up at that time that Senators John Andrews and Tom Blickcnsderfer . Representatives Lauri Clapp. Nancy Spence. and Joe Stengel will be there. She said that Ms. Clapp asked that she pass that along. (iv) Council Member Habenicht: I. She wanted to follow-up on whal Ms. Grazulis said. She thought maybe it would behoove them to have a letter coming from the Council. over Mayor Bums· signature. encouraging the light rail funding from the State . She said it should go to our delegation showing that we suppon thaL in anything they could do . Mayor Bums said that if that 's the consensus of Council. we 'd cenainly be happy to do that. And. he suggested they urge them to wort it out . because there arc various ways thal they might do thaL Council Member Habenicht sugges1ed they offer Council's services whenever they need us . 2. She thanked everybody for the wonderful presentation they all did al RID . She said she thinks it was very well recei ved and it was reall y fun to sec all of those Board members nodding and raising the very same questions that we have and being supponivc of the same kinds of issues that we arc . It was really heartwarming. she said. it was fun . Mayor Burns commented that they were suppose to be there for twenty minutes and they were there for O\'er an hour. Council Member Habenicht noted they asked fine questions. Mayor Burns said it was very gratifying. 13 . City Maaamrr'• Repor1 . -• ,, - .. \ I· • 0 I - • • • . ' • Enpewood City Council February 16, 1999 Pace 11 (a) City Manager Scan said lhal Chris Olson's father passed away last week. He said Director Olson is back in Wisconsin and he will be back lalcr this week. Tom Vandcrmee is in charge of the department and. he noted. he is doing a great job. (b) City Manager Scan said the staff has been involved with him. in the selection of an Assistant City Manager. He said they had a number of inlCl'Views on lbursday and Friday and he appreciales the help from Slaff. At this poi .. in time, he said. he 's not quite sure he's got the right person for the job. So he's probably going to be taking a look fwtheral that. He said we've looked at about twenty and he jusa wants Council to bring the right penon in and restructure that job to make it work the best. Mr. Sears aid staff is good and we've got good candidales. but hejUSl doesn't think they found the right one. He said he appreciates the support from the Council and he'U keep them posted on that (c) City Manager Sears said he is honored to be here and he wanted to say thanks to Council and coagrahllalioas 1111 the visioa they laid out on the project . He said it is jUSl mnrcling to be pan of that and to be pan al the praentaion tonight. He said the Slaff did a great job and it is nice to sec: team work come togCCller and it was jUSl great to sec: the Board iupond 10 so many things. He commented that he tbougbl they bad overdoac the material. but they IQ}ly did aca:pt all of that and he thinks they arc excited and wc 're hoping tbal, with their commitment over this next month. we can finaliz.c the agreements for the projc:ct . Mr. Sean said they have bad meetings today on the project and the demoliti1111 seems to continue 10 IIIO\IC ahead. But. he noted. nothings coming out of the pound and he thinks everybody· s a little bit anxious about thal . He advised wc arc trying to work tlvough that. He thanked Rick Ka1un and Jerrell Black. Bob Simpson and Dan 8rotmlan for getting us to the point where he thinks we· re going to be happy by the middle to the end of March, with actual signed agreements and we can move ahead. (d) City Manager Scan apologized for the meeting afterward tonight. stating that there arc a lol of things going on in the project. He said David Tryba seemed to say he was ready to IIIO\IC on some of these. 1bal Mr. Tryba needs direction and he appreciates the Councils willingness to sit through a study session to get the City Hall ~ng ahead. 14 . City AU-,'1 lleport City Attorney Brotznw1 did not have any mancrs to bring before Council . • • • • * Council Member Nabholz added that she wanled to recognize Rick Kalun for being al RTD tonight. 15 . Adjoen,._nt Mayor Bums noted Council has a special Study Session on the Foley's building, so they will adjourn to that . RNS MOVED TO ADJOURN . The meeting adjourned al 8 :04 p .m. • . ' •. .. I· • 0 - • • • • .. COUNCIL COMMUNICATION Date Agenda Item Subject March 1 . 1999 10 a i Southgate Supplement #140 Initiated By Staff Source Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board , at their February 9 , 1999 meeting, recommended Council approval of a Bill for an Ordinance approving Southgate Supplement #140. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTlFIED The City of Englewood provides sewage treatment to a population of about 70,000 people outside the City through contracts with numerous connector districts. The area is defined by the natural drainage and extends south and east from Broadway to the Valley Highway and from Hampden to Lincoln Ave. exduding Highlands Ranch . By contract the City of Englewood must approve any additions of land to be served by the districts. These are usually in-fill situations that are within what the City considers to be the area it has committed to serve. Adequate capacity has been provided in the treatment plant to accommodate all such future indusions. Annexation of this additional parcel of land will not increase the tap allocation to the Southgate Sanitation District. A request was made by the Southgate Sanitation District representing the ownet', James M. & Joan K . Fleming , for indusion into the Southgate Sanitation District. Supplement #140 is for an area approximately 2 .88 acres. The zoning per Greenwood Village is R-2.5 for a single-family residence, with the proposed use to stay the same. The legal is attached as Exhibit A . The property is located north of E . Orchard Ave ., south of Belleview and west of Colorado Blvd. in Greenwood Village. The address is 3700 E . Alexander Avenue. FINANCIAL IMPACT None. UST OF AnACHMENTS Proposed Bill for Ordinance Southgate Sanitation District Supplement #140 ' . -,,. , , I . • . - • • • • • . . Narrative The property for which this petition for inclusion in Southgate Sanitation District is legally described as: SITIJS ADDRESS 3700 E. ALEXANDER. A VENUE UTl'LETON, CO 80121 DESCRIP110N S7300-277-000 BEG 31S FT S OF NE COR BLK 278 S DENVER GDNS. 111 S 31S FT TON LINE OF ALEXANDER. AVE. 111 W 276.3 FT TO PT ON ELY ROW LINBOF HLC. TII N S2 DEG SI MIN W ALG SD ROW U. -Existing :zoning, under Greenwood Village administration, is R-2.S. -No change in :zoning is proposed or anticipated. -Cuncnt use of the property is single family residential, and such use is anticipated to continue. Re : Petition for Inclusion by James M. & Joan K. Fleming for the property known and numbered 3700 E. Alexander Avenue, Littleton, CO 80121. . ' • • 0 - - • • . ' - • BY AUTHORITY ORDINANCE NO ._ SERIES OF 1999 CO UNCIL BILL NO . 8 INTRODUCED BY COUNCIL MEMBER~~~~~~- A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 140 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 2.88 acres into the District; and WHEREAS , said inclusion is located in Greenwood Village north of Orchard Avenue and east of South Belleview and west of Colorado Boulevard; and WHEREAS , the zoning of this property in Greenwood Village is Residential R-2 .5; and WHEREAS , said annexation of this 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 . 140 to the Southgate Sanitation District at the February 9, 1999 meeting; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADQ , AS FOLLOWS: Sectjgn_l. The Aireement between the City of Englewood and Southgate Sanitation Diatrict entitled "Supplement No . 140, to Connector's Aireement", which includes approximately 2.88 acres located in Greenwood Village north of Orchard Avenue and east of South Belleview and west of Colorado Boulevard, is hereby accepted and approved by the Englewood City Council . A copy of said Aireement is attached hereto as "Exhibit I " and incorporated herein by reference . Sectjon 2-The Mayor and City Clerk are hereby authorized to sign and attest, res pectively , the said Aireement for and on behalf of the City Council and the City of Englewood , Colorado . Introduced , read in full , and passed on first reading on the 1st day of March , 1999. -1- /().I .. •· • 0 I 2 I - • • • • • . . Published as a Bill for an Ordinance on the Sth day of March, 1999 . Thomas J. Burns, Mayor A'M'EST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City ofEnclewood, Colorado, hereby certify that the above and foregoinc is a b'ue copy of a Bill for an Ordinance, introduced, read in full, and paned on first reading on the 1st day of March , 1999. Loucrishia A. Ellis -2- • • • 0 I - - • • ·, • C. SUPPLEMENT NO. J.!1Q.... TO CONNECTOR'S AGREEMENT THIS AGREEMENT, made and entered into by and belwelll the CITY OF ENGLEW()OD, adinll by and thrcuijl ils duly uhorized Mayor and City Clerk. hetlinafter called the "City," and SOUTHGATE SANITATION DISTRICT, ArapahOI and Douglas Countiel. CoicradO, he, ei iaftel called the "Dtstrtct. .. WITNE5SETH: WHEREAS, on the 20th day of ,Ju,e, 1961, the City ..Sthe OislriCl entared into an Agreeffl8ffl in which the City agreed lo treat sewage originating from the Oiltrid'• unitarY .-. system wilhin the are1 l8MICI by the Diatrict. which ~t was most recentlY nirwwed by ConnedCr's Agreemelll dated Nowmber 16, 1988; and WHEREAS, uid ConnedDI"• Agreemel'lt provideS thel the dislrid may not enlarge its ser,ice araa wilhcUI the wrilbln c:onsa,t of the City; NOW, ntEREFORE. in consideration of the mutual cc,venanll and undertakings herein set fal1h, the parties agree II follows: 1. The City hereby ClllllentS lo the inclusion of cer1ain additiCJnal area loCal8d in Douglal CollrtY, Colorado. owned by James II. & Joan K. Fleming and men fully described on Exhibit A attached ttereto and ioc.a.µo;ated herein by ,eferenel, into Southgate Sanilation Oiltric:t The City agl9IS lhlll uid additional .. may be 9V1ld with the __. facilils d the Oillrict. ..s 1t1a1 the City wil tr.-the sewage cilChalged no the City's trunk line tom uid additional ..., II in aca,rdance wilh the CamedDI'• AgreelTlllll dated November 16, 1988. ~. E,chilil A referred lo in Paragraph 1 of the ConnedOl's Agreemelll 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. lhall rwnain unchanged . IN WITNESS WHEREOF, the pertiel have NI their hands and seals this _dayof_, 19_. ATTEST: CllY CLERK (SEAL) CITY OF ENGLEWOOD SOUTHGATE SANTATION DISTRICT, ARAPAHOE AND DOUGLAS COUNTIES, COLORADO Br~~u7-.<r X H I B I T 1 .. • . • • 0 'rt? I - - • • . ' - .. EXHIBIT A (Legal Description) .. Part of Blocks 277 ad 278, IOOTII D!lfVEK GARDENS, IIOZ'e pu1:1cul:Lrl:r dnscribed as folloa: BeKilmilll( at the center _point on the East · . lin~ of s:aid Dloe~ 273, s:aid pnlnt bcins 315.0 feet South !r~m th• SQUth line oi Garden Avenue a:sd 315.0 fHt ·11ort1, on the ·11orth Ua,;i .of Ale~ander Awemae; thence South aloa;: the East line ·of.said Blo~k 278, a diat~ce of 315.0 feet to the So~h line of Alexander Aveaue; tl:anco West aloq aaid llorth line o! ilas:u:der ,\venue, a dis ta cc• o'f 276,3 feet to a point on tbe Eaalterl1 ri,rbt ol r.i7 ·11ne of H1~~ L!n, C:tnal, said polnt be!iur 25.0 fe•t froa tbe center line _of ·aaid 11,~ Li:e C:Lnal .. aaured at r~ht ansles thereto; thence Borth s:•51•. WQst alons said r~ht of w:1.1 tine of canal, a distance ·of 228.6 feet, thence 1D a f:ortheuterly direction a ·41st:mce of" 214.5 feet, a:ur11 . or losa, to a point on the East 11:e of aaid Black 277, ··aaid :,o1:~ · b•i=~ 315.0 :cet South fr~a the Kortbeaat cor:er of aaid Bloc~ 277; t,,.-:c• South 99•3;• East aion:: the c•nter ·11:e of aaid Bloc~ :i:'il, :,. dut:,.nce of 330.0 feet -:o the point of besinnin::, · EXCE.:T a:y part thereol lyias wit~in the pr011ert; described in ~~•d r~corded April 5, 1956 _1n Book 961 at Pace 272. ' ' • • 0 1 32 x l • - 0 ,. • I· • C f - • • • • .... .. COUNCIL COMMUNICATION Date Agenda Item Subject March 1 , 1999 10 a ii Southgate Supplement #141 Initiated By Utilities Department I Staff Source Stewart H. Fonda, Director of Utilities COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION The Water and Sewer Board, at their February 9, 1999 meeting, recommended Council approval of a Bill for an Ordinance approving Southgate Supplement #141 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood provides sewage treatment to a population of about 70,000 people outside the City through contracts with numerous connector districts. The area is defined by the natural drainage and extends south and east from Broadway to the Valley Highway and from Hampden to Lincoln Ave . excluding Highlands Ranch . By contract the City of Englewood must approve any additions of land to be served by the districts. These are usually in-fill situations that are within what the City considers to be the area it has committed to serve . Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions. Annexation of this additional parcel of land will not increase the tap allocation to the Southgate Sanitation District . A request was made by the Southgate Sanitation District representing the owner, Peter B. Kooi, for inclusion into the Southgate Sanitation District. Supplement #141 is for an area approximately 2 .5 acres . The zoning per Greenwood Village is R-2.5 for a single-family residence , with the proposed use to stay the same. The legal is attached as Exhibit A . The property is located north of E. Orchard Ave., south of Belleview and west of Colorado Blvd. in Greenwood Village . The address is 3801 E. Garden Avenue. FINANCIAL IMPACT None . UST OF ATTACHMENTS Proposed Bill for Ordinance Southgate Sanitation District Supplement #141 .... •. ... •· • 0 , - • Mr. Duane Tansley, District Manager Southgate Water and Sanitation District 3722 E . Orchard Road Littleton CO 80121 • • • Re: Application for inclusion into Water District 3801 E. Garden Avenue, Littleton, Co., 80121 Dear Mr. Tansley : In accordance with our recent c:onvenatioa, tbe toUowing information is hereby submitted for the Board's approval for iDdusion into tbe Sonrhpre Waus and Sanitation District: The S year oJd home and 2-1/2 acre lot is maed residearial and is lin&le &mily use. We will require a 3/4• tap fbr our property. µZ;P/lvn, Dated: / ;-; ~ -f ti,) .. • • 0 f ">n v I - - • • • • • ORDINANCE NO ._ SERIES OF 1999 BY AUTHORITY A BILL FOR • COUNCIL BILL NO. 9 INTRODUCED BY COUNCIL MEMBER~~~~~~ AN ORDINANCE APPROVING SUPPLEMENT NO . 141 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSlON OF LAND WITHIN THE DISTRICT BOUNDARIES . WHEREAs , Southgate Sanitation District recommends the inclusion of approximately 2.5 acres into the District; and WHEREAS , said inclusion is located in Greenwood Village north east Orchard Avenue and south of Belleview and west of Colorado Boulevard ; and WHEREAS , the zoning of this property in Greenwood Village is Residential R-2.5; and WHEREAS , said annexation of this 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 . 141 to the Southgate Sanitation District at the February 9, 1999 meeting; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLOR.Ano, AS FOLLOWS : Secti20.l. The Acreement between the City of Englewood and Southgate Sanitation District entitled "Supplement No . 141, to Connector's Arreement", which includes approximately 2.5 acres located in Greenwood Village north east Orchard Avenue and 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 . SectjoQ.l . The Mayor and City Clerk are hereby authorized to sign and attest, respectively , the said Acreement for and on behal( of the City Council and the City of Englewood, Colorado . Introduced, read in full , and pa88ed on first reading on the 1st day of March, 1999. -I - KJ4it • • 0 I -• • • . ' ... Published as a Bill for an Ordinance on the 5th day of March, 1999. Thomas J . Burns, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and paBBed on first reading on the lat day of March, 1999. Loucrishia A. Ellis -2- .. • 0 - -: .... • .. • t~ ·~ • SUPPLEMENT NO. til_ TO CONNECTOR'S AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF ENGLEWOOD, ading by and through its duly authorized Mayer and City Clerk. henina1ls · caled the "City,• and SOUTHGATE SANITATION DISlRICT, Atapahoe and Oougtu Counties , Colonldo, hereinafter called the -Olstrict, • WITNESSElll: WHEREAS, on the 20th day of June, 1981 , the City and the District entered into an Ag..-.ment in which the City agreed to treat sewage originating from the District's lalitary _. sys1em within the area served by the District. which Agreement was most l9C8nlly renewed by Connedcr's Ag,-nern dated November 16, 1988; and WHEREAS, said ConneclDr's Agreement provides that the district may not anlarge its servic:a area without the written ~ of the City; NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein set forth, the pal1iN agr1NI .. fellows : 1. The City hereby CQl-,ts to the inclusion of c:el1ain additional aru located in Douglas County, Colorado. owned by Petllr a. Kool and more fuly delaibed on Exhibit A attached hereto and ii ic:orporated lwnlin by refenlnce, into Southgate Sanitation District. The City ag,-that said additional -may be -,ved with the - facilities of the District, and that the City will tr'Nt Iha awage diachargecl into the City's trunk rine from said additional ... all in accordance with the Connector's Agreement dated November 16, 1988. Accormngly , Exhibit A refllmtd to in Paragraph 1 of the Connector's Agntement 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 16, 1988, shall remain unchanged. IN WITNESS WHEREOF, the parties have set !her hands and seals this __ day of_. 19_. ATTEST: CITY CLERK (SEAL) .. . ~ ~ . .. . ' .· =~ .. CITY OF ENGLEWOOD By: .,..MA--YOR.,......------ SOUTHGATE SANITATION DISTRICT, ARAPAHOE AND DOUGLAS COUNTIES, ~1,"'1,-- E X H I B I T 1 • • I • 0 • ,, - ' ' -• . • ,. . • ' ~ '. ' VII...L~GE \ 2. .. • • • • 0 I I -• • •, • <. COUNCIL COMMUNICATION Date Agenda Item Subject March 1, 1999 10 a iii Southgate Supplement #142 Initiated By Utilities Department I Staff Source Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOIIIIENDED ACTION • The Water and Sewer Board, at their February 9, 1999 meeting, recommended Council approval of a Bill for an Ordinance approving Southgate Supplement #142 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood provides sewage treatment to a population of about 70,000 people outside the City through contracts with numerous connector districts. The area is defined by the natural drainage and extends south and east from Broadway to the Valley Highway and from Hampden to Lincoln Ave. excluding Highlands Ranch . By contract the City of Englewood must approve any addition& of land to be served by the districts. These are usually in-fiH situations that are within what the City considers to be the area it has committed to serve. Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions. Annexation of this parcel of land will not increase the tap allocation of the Southgate Sanitation District. A request was made by the Southgate Sanitation District representing the owner, Marian J. Plunkett, for inclusion into the Southgate Sanitation District. Supplement #142 is for an area approximately 2 .87 acres. The zoning per Greenwood Village is R-2.5 for a single-family residence, with the propoeed use to stay the same. The legal is attached as Exhibit A. The property is located north of E . Orchard Ave ., south of Belleview and west of Colorado Blvd . in Greenwood Village. The address is 3700 E . Garden Avenue . FINANCIAL IMPACT None. UST OF ATTACHMENTS Proposed Bill for Ordinance Southgate Sanitation District Supplement #142 • • 0 • -I" • • . . . ~ ' .. • . . . 'I • • 0 - - ORDINANCE NO._ SERIES OF 1999 <. • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO . 10 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE APPROVING SUPPLEMENT NO. 142 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 .87 acres into the District; and WHEREAS , said inclusion is located in Greenwood Village east of Orchard Avenue , south of Belleview and west of Colorado Boulevard ; and WHEREAS , the zoning of this property in Greenwood Village is Residential R-2 .5; and WHEREAS , said annexation of this 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. 142 to the Southgate Sanitation District at the February 9, 1999 meeting; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO . AS FOLLOWS : Section 1. The Agreement between the City of Englewood and Southgate Sanitation District entitled "Supplement No . 142, to Connector's Agreement", which includes approximately 2.87 acres located in Greenwood Village eut of 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 a s "Exhibit l " and incorporated herein by reference. Sectjon 2. The Mayor and City Clerk are hereby authoriz.ed to sign and attest, res pectively , the aaid Agreement for and on behalf of the City Council and the City of Englewood , Co lorado. Introduced. read in full , and paned on first reading on the lat day of March, 1999. -1- 10,:1 ii .. • • 0 '32xl - • • r • •, • <. Published as a Bill for an Ordinance on the 5th day of March, 1999. Tbomaa J . Burns, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I , Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado. hereby certify that the above and foregoing ia a true copy of a Bill for an Ordinance , introduced, read in full , and paned on first reading on the lat day of March, 1999. Low:riahia A. Ellis -2- ' . .. . ' •, • • 0 , ~? x I - - • • • • • SUPPLEMENT NO. J:!..L_ TO CONNECTOR'S AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF ENGLEWOOD, acting by and through its duly aulhorized Mayor and City Clerk, hereinafter called the NCity," and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas Counties, Colorado, her9inafter called the ~lltrlct, N WITNESSETH: WHEREAS, on the 2oth day of June. 1961, the City and the Oistrid 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 Connector's Agreement dated November 16, 1988; and WHEREAS, said Connedor's Agreement provides that the district may not enlarge its lefVice -without the written ccnsent of the City; NOW, THEREFORE, in consideration of the mutual covenants and undertakings herein set forth, the parties aglff as follows: 1. The City hereby consents to the inclusion of certain additional area located In Douglas County, Colorado, owned by Marian J. Plunkett and more fully described on Exhibit A attached hereto and incorporated herein by reference, into Southgate Sanitation District. The City agl'NS that said adcitional aru may be served with the NWel' facilities of the Oistric:t, and that the City wil ~ the sewage discharged into the City's trunk line from said additional area. all in acx:crdanca wilh the Connec:lor's Agreement dated November 16, 1988. Accordingly. Exhibit A referred to in Paragraph 1 of the Connector's Agreement dated November 16, 1988, ii twret,y amended to include such additional area. 2. Each and ewiry other provision of the said Connector's Agreement dated November 16, 1988, lhall remain unchanged . IN WITNESS wtEREOF, lie par1ill have set their hands and seals this __ day of_. 19_. ATTEST: CITY CLERK (SEAL) CITY OF ENGLEWOOD By: ________ _ MAYOR SOUTHGATE SANITATION DISTRICT, ARAPAHOE AND DOUGLAS COUNTIES, ~ By. PRisidm'"'lo:;,JK r. ! E X H I B I T 1 .. • ... • 0 I ~~xi • • • • • EXHIBIT A (Legal Description) Thac part of Block 277, South Deaver Gardea, Arapahoe Cuunty, Colorado, described aa follova: Beginnina at the aortheasc corner of said Block 277, said poinc being 961.68 fee~ vest of the aorcheasc corner of Block 279, said South Denver CardMns; thence North a9•J9' West alona said north line of Block 277, a distance of 294.32 feet to a point 100 feet eaat of the cancer line of exiscina High Line Canal; Thence South o• 23' Vest and 100 feet east of che center line of aaid Biab Line Canal, a diacance of 185.03 feet, to a point vhich is also 204.5 feet souch of the east and wast center liae of Section 13, Township 5 South, Ilana• 68 Weat; Thence Southeasterly along 20• curve to the left, havina a radiua of 187. 94 fent, a diutance of 174.6 feet, the long cord of vhich bears Souch 26• 22' Ease, a diacance of lh9.15 feet; · Thence South 36• 53' Vest, a distance of 75 feet to a point vhich is 25 feet from the center line of said High Line Canal; ·r111rncc South '§4 • 12' East and 25 feet perpendicular from the center of said lll;h Llno: C.Jn;il, a Jlstancc oC 167.95 faet; Thence in a Northeasterly direction a distance of 214.5 feet aore or less to a point on the esat line of aaid Block 277, aaid poiat being 315 feet south from point of beainnina, Thence Horth alona aaid east line 315 feet to the poi~t of b~ianiaa; and Toaether vith a strip of land 1n the aoutheaet quarter (SEl/4) of ~ectioa 13, Township 5 South, Ranae 68 Vest of the 6th P.H., beiaa the easterly 50 feet of the 200 foot vide strip of laad acquired by lorthara Colorado Irrigation Coapaay from W. Linzy aad B. McArthur by deeda dated January 22, 1927, and aore particularly described as follove: leainnin; at the ... c quarter corner of eaid Section 13, thence westerly alone the east-weat center line of aaid Section a diataace of 1286 fevt; thence Soutb 0-23' veec a distance of 19.47 feet to tbe true point of beainnia1; tlleace south o• 23' veat a diataace of 115.03 i .. t, thence on a curve to the left haviaa a radiua of 187. 94 f"t a dlatace of 175.5 feet, thence aoutb 36• 53,. vest a distaace of 50 feet, chance north- westerly on a curve to the riah, ~evta~ a radilll! of 237.94 feet a distanee of 222.2 feet, thence aorth o• 23' east a distance of 185.03 feet, tbence ,south 99• 37' ease a distance of 50 fut co the true point of beaimain;, ,:ontainina 0.444 acres aore or lesa and coaehter with that portion of East Carden Avenue adjoiniaa aaid property vacated by Ordinance Ho. 41, City of Creenwuod Villaae, Colorado. -• .. ., •· • 0 , • - 0 , . • ~ . V 1'--..iuc • l2 • ,, • I· • 0 - • • ,, _ • • '· COUNCIL COMMUNICATION Date Agenda Item Subiect License Agreement with March 1 , 1999 10 a iv SouthPark Metropolitan District Initiated By Utilities Department I Staff Source Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION At their February 9, 1999 meeting, the Englewood Water and Sewer Board recommended Council adopt a bill for an ordinance approving the License Agreement with SouthPark Metropolitan District for a sewer line easement. BACKGROUND, ANALYSIS, AND AL TEANATIVES IDENTIFIED SouthPark Metropolitan District has agreed to the City's License Agreement and will install a 12· PVC sanitary sewer line in a 22· steel casing under the City of Englewood's right-of-way for the City Ditch. The proposed infrastructure line will serve the SouthPark Subdivision Filing No. 5 near County Line Road and Santa Fe. The License Agreement requires SouthPark to relocate their facilities if they should interfere with any City Ditch relocation for ten years. The City engineers have checked the plans and no interference should occur. It is anticipated that the City Ditch should be rebuilt in this area well before the ten-year period is over. The City Attorney has reviewed and approved the License Agreement as to form . FINANCIAL IMPACT None. UST OF ATTACHMENTS Proposed Bill for Ordinance License Agreement •, .. ,. • 0 , I - • ORDINANCE NO ._ SERIES OF 1999 • • I • • ' <. BY AUTHORITY ABILL FOR COUNCIL BILL NO . 11 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AUTHORIZING SOUTHPARK METROPOLITAN DISTRICT TO INSTALL A 12" PVC SANITARY SEWER LINE IN A 22" STEEL CASING UNDER THE CITY OF ENGLEWOOD'S RIGHT-OF-WAY FOR THE CITY DITCH . WHEREAS , a request was received from SouthPark Metropolitan District for a sewer line easement for the Southwest Metropolitan District; and WHEREAS , the SouthPark Metropolitan District has agreed to follow the grades set out in the City of Englewood's License Agreement; and WHEREAS , the Englewood Water and Sewer Board recommended approval of the License Agreement to the SouthPark Metropolitan District at the February 9 , 1999 meeting ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : $ect,jon 1. The License Agreement, for the installation of a 12" PVC Sanitary Sewer Line in a 22" steel casing for the Southwest Metropolitan District under the City of Englewood's Right-of-Way for the City, attached hereto as "Exhibit l." is hereby accepted and approved by the E11glewood City Council . $ect,jon 2. The Mayor is authorized to execute and the City Clerk to attest and seal the License Agreement for and on behalf of the City of Englewood, Colorado . Introduced, read in full, and passed on first reading on the let day of March, 1999 . Published as a Bill for an Ordinance on the 5th day of March, 1999. Thomas J . Burns, Mayor ATTEST : Loucrishia A. Ellis, City Clerk -l - II - . ' " • .. 0 • 0 f 32xl - - • • • I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 1st day of March, 1999. Loucrishia A. Ellis -2- • .. • • 0 '~2 I - • • 0 I • • LICENSE AGREEMENT THIS AGREEMENT. made and entered into as of the_ day of 1999, by and between the CITY OF ENGLEWOOD , a municipal corporation of Colorado , hereinafter referred to as "City" and SOUTHPARK METROPOLITAN DISTRICT, hereinafter referred to as "Licensee." WITNESSETH : The City without any warranty of its title of interest whatsoever, hereby authorizes Licensee, its successor, assigns to install a 12 inch PVC sanitary sewer in 22 inch steel casing ("Licensee's Facility") under the City's rights-of-way for the City Ditch, described as a parcel of land situated in the SW 1/4 of Section 32. Township 5 South, Range 68 W of the 6th P.M .. County of Arapahoe. State of Colorado and lying within the following described lines : COMMENCING AT A POrNT ON THE WEST LINE OF THE SOUTHWEST QliARTER OF SAID SECTION 32 . WHENCE THE SOUTHWEST CORNER OF SAID SECTION 32 BEARS S01°10'56"W A DISTANCE OF 2156.82 FEET. THE'.'JCE N79°3-1'19"E A D1STA1'I/CE OF 1620 .36 FEET TO THE POI~T OF BEGINNING: THENCE N1-1°50'-11"W A DIST . .\NCE OF 35 .50 FEET: THE:-.JCE S72°31'27"E A DISTA:-.iCE OF 59.17 FEET: THE;\iCE S1-1 °50'14"E A DISTANCE OF 35.50 FEET ; THENCE N72°31'27"W A DISTANCE OF 59 .17 FEET TO THE POINT OF BEGINNrNG . The abo\'e-described parcel contains 1775 Square Feet More or Less . I . Any construction contemplated or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans. consisting of one sheet. a copy of which is attached hereto and made a part hereof. 2 . The Licensee shall notil)· the City's Director of Utilities at least three (3) days prior to the time of commencement of the construction of, or any repairs made to. licensee's 12 inch PVC sanitary sewer so that the City may. in its discretion, inspect such operations. In the e\'ent of an emergency. Licensee may proceed to effect emergency repairs and shall thereafter notify City as soon as is reasonably practicable . 3 . Within thirty (30) days from the date of the commencement of construction of Licensee's Facility, the Licensee shall complete such construction, place and maintain permanent, visible markers , of a type and at such locations as designated by the City's Director of Utilities , referring to the centerline of the installation and shall clear the crossing area of all construction debris and restore the area to its previous condition as near as may be reasonable . In the event the placing of the centerline markers and the clearing and restoration of the crossing area is not completed within the time specified. the City may complete the work at the sole expense of the Licensee . 4 . The City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within the City's rights-of-way. at any time and in such manner as the City deems necessary or convenient . The City reserves the exclusive • ...... ,. - I.. l< .. f E I ,. •· , • 0 • • • I • • ' right to control all easements and installations . In the event the Licensee's Facility should interfere with any use of the City's rights-of-way by the City during the ten years follo1.1.ing the date of this License Agreement. the Licensee shall, upon request and at its sole expense. relocate or rearrange or remove its installations so as not to interfere with any such use . Thereafter, the City will relocate , rearrange or move the installation at its own expense , if necessary . 5. Any repair or replacement of any City installation made necessary. in the reasonable opinion of the City's Director of Utilities because of the construction of the 12 inch PVC sanitary sewer in 22 inch steel casing or other appurtenant installation thereof, shall be made at the sole expense of the Licensee . 6. The stipulation and conditions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done on a contract basis. 7. The rights and privileges granted in this License shall be subject to prior agreements. licenses and/or grants. recorded or unrecorded. and it shall be the Licensee's sole responsib ilit y to determine the existence of said documents or conflicting uses or installations . Licensee is entering into this Agreement based upon City 's representation that Licensee's Facility is cro ssing a City right-of-way . If it is later determined that Licensee 's Facility does not cross a City right-o f-way . then this Agreement shall be null and void and of no force and effect. 8 . The Licensee shall contact and fully cooperate with the City's personnel and the construction shall be completed without interference with any lawful, usual or ordinary flow of w:iter through the City Ditch . Licensee shall assume all risks incident to the possible presence of such waters. or of storm waters, or of surface waters in the City Ditch . 9 . All trenches or holes within the City's rights-of-way shall be backfilled and tamped to the original ground line in layers not to exceed six (6) inches loose measure to a compaction of ninety percent (90%) Standard Proctor Maximum Density . I 0 . Licensee , by acceptance of this License. expressly assumes liability for any and all damage s of every nature to person or property caused by water from the ditch leaking through the ditch banks or pipeline at the point or points where the Licensee negligently performs any work in connection with the crossing provided by this License . Licensee assumes all re spon sibility for maintenance of Licensee's facility . 11. To the extent permitted by law and without in any way waiving any of the protections. defenses or immunities under the Colorado Governrnental Immunities Act, the Licensee shall indemnify and save harmless the City and its officers against any and all claims, damages or cause of action to which City may be subjected by reason of negligence on the part of Licensee , its agents or employees in connection with the construction , replacement , maintenance or repair of Licensee's facility . .. - 2 • • ...... ... - • • •· • - • • 12 . It is expressly agreed that in case of Licensee's breach of any of the within promises that may cause irreparable harm to the City, the City may, at its option, have specific performance thereof, or sue for damages resultina &om such breach. 13 . Upon abandonment of any right or privilqe bemn panted, the ri&ht of Licensee to that extent shall terminate, but its obligation to indemnity and save harmless the City, its officers and employees, shall not terminate in any ~ ln granting the above authori7Jltion, the City raem:s the ript to make full use of the property involved as may be necessary or convenient in the operation of the City water works plant and system under the control of the City provided the same does not wueasonably interfere with Licensee's facility . IN WilNESS WHEREOF, this instrument has been executed as of the day and year first above written. ATI'EST: Ioucrishia A. Ellis, City Clerk APPROVED AS TO FORM: Sl'M[)( A.CRT LIS llll OOill OJO: 3 CITY OF ENGLEWOOD 'lb::llllls J. anns, Mayor LICENSEE: ~;%~ ""sounn>ARK METROPOLITAN DISTRICT JACK ROTH COMPANY, INC. , AGENT ,, - •. • • 0 , ' ..,. - '\_ N[W JO' SANITARY SEWER [51,t'T • 0 • WiDfl2 ... ~ .. ~ .fl~"' $ .,~., JO' SANITARY S£WER EASM[NT "''"·so·.,,hw Js . .so· GREEN VALLEY TURF" f" ARM ~ ~ s,•"So·.,,. J5.5o· E: I I / . i i i I i h ;! 1/ I! 9:• I f/ C i /. c.., : / <.: ' ii~ I I I ;/!1 / i ! I I ! . o· I i , f /;v,11! ~ I I i I I tl I/ I 'I I I I I ,' } !: i ! I! ! ii I 1 ,, a ; I 1 : I I ! I ' {' r I . • ,. 'l I ~ • I , , '" ~ , I J "1 ID 1/) " ,.,, 1ST. 20' 1/) TER IESM 'T ; I I JITARY -co " "") II) ~ I I I 0 co ,.,, 1/) - 11+77.10 N 634354.886 E 133634.007 • • 0 • ! ! j ~ !/ / ///'! ~ I J l .; / ., >-, '·· ~ "!:· ..,., -:--,;.. ~ -ii. .;.,: ~ . ' -...1. -f-/. ~ .._f-'. -!-.i. 'H ' . ... ,. ....... ..;. ... ;. '!--·. --/~ ... ,. ;-;. ""'!-:. '' -:--;." ...... "'ft. .... :. • ,_ X ('\I ("') "- - --~ • ~ 0,, • • 9 -00 [ _ _I :t!,c.,c: =··--C:,.(:AO ,,. "" ,:l·r . - • 0 I • • -r__ -- --J_ -_ .. 1h00 12-00 ~ SOUTHPAAK FILING NO. 5 ~ ~ ~ OFFSITE SANITARY SEWER • ' ,. - • I ,:190 I 538; .. .::I _, :,.J~O -j _l _, 5"-.:: '= /.., -1 -:i ::-, ~.J 70 -1 -, ::-1 B l I .. • • 0 - , • • "' - . ' • COUNCIL COMMUNICATION Date Agenda Item Subject Wastewater Utility Ordinance March 1 , 1999 10 a V Amendment Initiated By Staff Source Littleton/Englewood WWTP Supervisory Committee Stewart H. Fonda , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Wastewater Utility Ordinance was revised by Council in September 8, 1998. RECOMMENDED ACTION The action recommended is to amend the Wastewater Utility Ordinance to meet EPA requirements. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Every five years the U .S. Environmental Protection Agency requires Pretreatment programs to review the local limits/numeric standards that are set for industrial discharges. In 1994, the Littleton/Englewood Pretreatment program completed the review and amended the ordinance to reflect the new limits . The exception to the amendment was the silver limit. In 1994, the existing ordinance limit for silver was approved by EPA to remain in place until the State of Colorado settled an appeal hearing that was being lead to oppose a water quality stream standard for silver . The State of Colorado has finalized the hearings and the silver water quality standard has been maintained . The Pretreatment Division is now required to amend the ordinance to reflect the limit that was calculated through EPA Region VIII Local Limit Development Strategy. FINANCIAL IMPACT The financial benefit impacts the companies involved in the process. The new limit is .... restrictive and will benefit the industrial community . There is no direct financial impact to the City. UST OF AnACHMENTS Proposed Bill for Ordinance Copy of letter to EPA dated October 17 , 1994 Copy of letter to EPA dated February 17, 1999 Copy of Ordinance change ·• -• ..... • . .. •· • 0 - •, LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT 2=<>0 S. Plane Rr\f er Drive E.,g ewcoc. Co1or2do 80110 (~JJ ) i02·1500 FAX i62·2520 October 17, 1994 lvlr. Curt McConnick Pretreatment Coordinator USEPA 999 18th Street, Suite 500 Denv er, CO 80202-2405 RE : LOCAL LIMITS Dear Mr. McConnick: • ,.. • • Ciry of Littleton Ciry of E.nglewcoc Anached you will find the proposed Littleton and Englewood Wastewater Utility Ordinance amendments. The Linleton·amendments reflect those already submitted for your review in the form of the Englewood ordinance. The only revision is the silver limit which has not been redeveloped . ~ we discussed on the telephone on October 13, your dcparonent is allowing the Linleton/Englewood Pretreatment program to keep the current silver limit . This limit will remain effective until the state makes a final rule concerning the silver chronic stream standard. AJ. that time, we will again review the silver limit . The C iti es will be public noticing the proposed ordinance amendments and local limits as they hav e been submit:ed to your department. Please comact me when the EPA public notice period is over so that we may submit our amendments to both City councils. Thank you for your assistance in this maner. P leas e call me at 762-2605 if you have questions or comments . Sincere ly, -;i)cu~v( t . Mary E . Gardner Pretreatment administrator MEG:bd Enclosure cc : Bany Segal, Littleton Assistant City Attorney Dan Brotzman, Englewood Assistant City attorney Mark Wagner, Hill and Robbins, P .C . • . , .. • • 0 2 I - - • • • • 12-2-7 : LIMITATIONS ON DISCHARGE : A. Discharge Of Pollutants: No person shall discharge any pollutant in excess of the following : Pollutant Or Pollutant Propertv Arsenic, Total (As) Cadmium, Total (Cd) Chromium VI (Hex Cr) Copper, Total (Cu) Lead , Total (Pb) Mercury, Total (Hg) Molybdenum (Mo) Nickel, Total (Ni) Selenium (Se) Silver, Total (Ag) Zinc, Total (Zn) Ma=um Co ncentration Daj)v Average mg/! 2.2 0.327 0.698 4.0 2.7 0.0004 5 .5 2.4 0.989 --e:-r--0' qq J 36.2 B . Special Conditions May Be Granted: Industrial allocations may be approved under special conditions as determined by the Bireder ef ~ CITY MANAGER OR HIS/HER DESIGNEE. The maximum daily allowable industrial loading shall be allocated through significant industrial user permits. The total loading to all permitted industrial users shall not exceed the level specified below . Changes in local limits due to increased or decreased loading in the service area may cause a change in allocations granted under these special conditions. Industrial users shall monitor and report daily tlowa u required by the wutewater contribution permit. Allocations may be revoked by the ~ CITY MANAGER OR HIS/HER DESIGNEE snd shall not be considered property richts. C. Pollutant Or PoHut,ant Property Arsenic, Total (As) Cadmium , Total (Cd) Chromium VI (HEX Cr) Copper, Total (Cu) Lead , Total (Pb) Mercury, Total (He) Molybdenum (Mo) Nickel , Total (Ni) Selenium (Se) Silver, Total (Ag) Zinc, Total (Zn) Daily Maximum Allowable Industrial Load O,h1{P1xl 10.559 1.558 3 .331 19 .181 12 .789 0 .00193 26 .286 11 .634 4 .719 4 .727 173.047 Underground Storage: Petroleum undercround atorace tank remediation projects which have cauaed contamination to cround water and have been authorized to discharce treated cround water to the POTW shall meet the following atandarda for maximum concentration daily aver11e in us/1: 52 • •· • 0 '32 xl - • ORDINANCE NO. SERIES OF 1999 • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO . 14 INTRODUCED BY CO UNCIL MEMBER~~~~~~- AN ORDINANCE AMENDING TITLE 12, CHAPTER 2 , SECTION 7, PARAGRAPH A, OF THE ENGLEWOOD MUNICIPAL CODE , 1985 WHICH PERTAINS TO WASTEWATER LIMITATIONS ON DISCHARGE . WHEREAS , the Englewood City Council amended the Wastewater Treatment Ordinance in 1998 by the paBSage of Ordinance 68 , to meet EPA 1998 Audit Requirements ; and WHEREAS , every five years the U.S. Environmental Protection Agency requires Pretreatment programs to review the local limits/numeric standards that are set for industrial discharges; and WHEREAS , in 1994 the Littleton/Englewood Pretreatment program completed the review and amended the Englewood Municipal Code to reflect the new limits with the exception to the amendment of the silver limit; and WHEREAS , in 1994 , the existing limit for silver was approved by EPA to remain in place until the State of Colorado settled an appeal hearing that was being lead to oppose a water quality stream standard for silver; and WHEREAS , the State of Colorado has finalized the hearings and the silver water quality standard has been maintained; and WHEREAS , the City of Englewood is now required to amend the Municipal Code to reflect the limit that was calculated through EPA Region VIII Local Limit Development Strategy; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sectjon I . The City Council of the City of Englewood , Colorado hereby approves an amendment to Title 12 , Chapter 2, Subsection 7-A, to read as follows : 12-2-7: LIMITATIONS ON DISCHARGE : A. Discharge Of Pollutanta: No peraon 1hall diacharp any pollutant in exceBS of the following : -1- • .. •· • 0 - • • • • . . Pollutant Or Pollutant Property Arsenic, Total (As) Cadmium, Total (Cd) Chromium VI (Hex Cr) Copper, Total (Cu) Lead, Total (Pb) Mercury, Total (Hg) Molybdenum (Mo) Nickel, Total (Ni) Selenium (Se) Silver, Total (Ag) Zinc, Total (Zn) Maximum Concentration Dailv Average mg/1 2 .2 0 .327 0 .698 4 .0 2 .7 0 .0004 5 .5 2 .4 0 .989 CM-0 .991 36.2 Introduced, read in full, and paaaed on first reading on the let day of March, 1999. Publiehed as a Bill for an Ordinance on the 5111 day of March, 1999. Thomas J . Burns, Mayor ATTEST: Loucriahia A. Elli.a, City Clerk I , Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoin& is a true copy of a Bill for an Ordinance, introduced, read in full, and pused on fint reading on the 1• day of March, 1999. Loucriahia A. Elli.a -2- • • 0 , ":l ') 'x I -• • •, • COUNCIL COMMUNICATION Subject of a " Ton PlcNJJ) March 1, 1999 Initiated By Staff Source Utilities Department Stewart H . Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The proposed ~·ton pickup truck is used for meter maintenance, meter reading and an after-hours standby vehicle. The new truck is a replacement for the existing ~-ton pickup truck, #1393, according to CERF replacement schedule. The Purchasing Department, per State Bid #07048YYY99M received bids. FINANCIAL .. ACT King Chambertain in Loveland, Colorado is lhe recommended bidder at $22,981.00. The base unit is $16,450.00 with additions of lhe cng corMN"811tion package ($5,505.00), truck box ($896.00) and a back step bumper ($130.00) making a total price $22,981.00. It has been approved in the 1999 Budget for CERF replacement. UST OF ATIACHIIENTS None . . .. • • 0 , ')(. I - , • • • .. COUNCIL COMMUNICATION Date Agenda Item Subfect l'ufdl• I of Air Colldltlcdlg March 1, 1999 10011 Condll- Initiated By UE WWTP Supervisory Committee I Staff Source Stewart H . Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The condenser tower was approved by Council as part of the 1999 budget process. RECOMMENDED ACTION The proposed action is to approve IIJ Malan Ile purchase of one Condenser Tower for the UE WWTP Service/Support Facility from The Trane Company in the amount afal74..00: BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The existing Air Cooled Condenser Tower that supplies air conditioning for the Service/Support Facility has been in service since January 1992. Multiple pinholes have developed in the unit's copper cooling coils . Water leaking from the cooling coils has caused extensive damage and permanent repairs are not possible due to excessive corrosion. Heresite coating for the copper cooling coils was included as part of the bid specifications for the new unit to prevent this condition from occurring with the new unit. Bids were requested from four companies and two bids wet'9 received . Staff reviewed the bids and found them to be responsive and the price of $32,674 .00 in accordance with previous estimates. FINANCIAL IMPACT The purchase is funded in the 1999 budget. The purchase cost of the Air Cooled Condenser Tower will be split 50/50 with the City of Littleton as a capital expense . UST OF ATTACHMENTS Memo from Betty Goosman Bid Analysis Memo of Recommendation . , .. \ • • 0 , - • MEM O RA N D U M T O: FROM : Mike Cassidy Betty Goosman .. ~- DATE : February 10 , 1999 • • • SUBJECT: Air Cooled Condenser Tower Req uests for Bid were sent to 4 vendors . Two bids were received and there was no respo nse from the other two vendors . I have enclosed copies of the bids , any technical information rece ived and the tab sheet. The bids exceed $20 ,000 so will require Council approval. Please review the bids and provide this office with a written technical evaluation. The award will be made to the lowest technically acceptable bidder (the vendor who meets the technical specifications .) Please notify me when the evaluation has been completed and Council has approved, so we can proceed with this purchase. Shou ld you have any questions, please give me a call at ext. 2392 . . ' •, • ... • • 0 - , • • • . . MEMORANDUM TO: Dennis W . Stowe, Plant Manager FROM: Joseph G . Pa yne , Maintenance Division Manager DATE: Fe braury 12 , 1999 SUBJECT: Technical Evaluation and Recommendation for Air Cooled Condenser Tower. A request for bids was sent to four vendors for the Air Cooled Condenser Tower. Bids were received from two vendors . The bid packages were reviewed by Mike Cassidy and Joseph Payne and both were responsive and technically acceptable . One vendor responded with no bid . I recommend the purchase of the Air Cooled Condenser Tower be awarded to The Trane Company in the amount of$32,674 .00 . JGP :cg • • .. • • 0 'a2xl • ~ City of Englewood Bid Tabulation Sheet Bid Opening Date: Feb. 10, 1999 10:00 a.m. Bid Item: Air Cooled Condenser Tower Vendor Total The Trane Company 303-221-3300 $32,674.00 455 Bryant Stnlet, Unit 5 Denver, Co. B02tU Tolin Mechanical Systems 303-455-2125 $32,153 .00 12005 East45th Avenue Denver, Co. 80239 Belcom Meehan/cal 30U23-2777 NO RESPONSE &30Llpan Denver, Co. IO:ztU J J Lay Plumbing & Heating 303-111-2021 NO RESPONSE 3130 S Platte River Drive E119lewood, Co. B0110 • • 0 • I Exceptions: NONE LISTED , NONE LISTED I . r • ~ 7 LEFT PHONE MESSAGE THEY WERE UNABLE TO GET PRICING IN TIME TO BID " I Page 1 CONO .TOWER.TAB ,_ , - • • Date March 1 , 1999 Initiated By • • I~ • COUNCIL COMMUNICATION Agenda Item 10cli Staff Source ,. - .. Subject Award of Contract for Belleview Palk Restroom Building Department of Parks and Recreation Jerrell Black, Director of Parks and Recreation Dave Lee, Manager of Open Space COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved the 1999 Budget and Appropriation on final reading October 19, 1998. On January 18 , 1999, Council approved Agenda item 10ci which was a supplemental appropriation to the 1999 Budget for Conservation Trust Fund projects. This project was one of the Conservation Trust fund projects. Supplemental approval for the restroom project was $58,000. RECOMMENDED ACTION Staff recommends City Council award, a, fflOllon, a construction contract in the amountef 147,380 lo Farcon, Inc. for demolition of the existing restroom building, and construction of a new facility at the same location. Staff has checked references and qualifications for Farcon, Inc. and find them acceptable . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The existing restroom facility is located northeast of Shelter no. 2 , across Big Dry Creek . The current facility is old and deteriorated, and is not handicapped accessible . Coover -Clark and Associates, Architects, were retained to design the new restroom . The facility will accommodate handicapped users, and certain stainless steel plumbing fixtures will be reused. The contract includes adjacent concrete sidewalks, exterior lighting, and restoration of damaged landscape . FINANCIAL IMPACT Five bids were received for this project as detailed in the attached Bid Proposal Tabulation. The Engineering staff estimate for the base bid is $50,000. Estimated project costs are detailed below. Base Bid Alternate 1 (demo of old restroom) Misc. landscape Architects fees Contingency TOTAL $44,478 2,912 2,000 6,494 _g.QQQ $57,884 Adequate funds are available within the approved budget of $58,000. UST OF ATTACHMENTS Bid Proposal Tabulation Contract Form Site map .. .... •• ...... • . . .. I • • 0 -• II ~ • t• • BID PROPOSAL TABULATION BELLEVIEW PARK RESTROOM BUILDING Farcon,IAC NuWestem USA Constructors J .C . Brooks & Co., Inc I MW Golden Co ration I es W .J . sh ine . Inc , es Sealed bids received January 20, 1999 I I $131,000 $70,000 ALTERNATE 1 AMOUNT I I ACKNOWLEDGE ADDENDUM 1 I S5.6n es I I $3,000 es ' ' ' , • . .. • • 0 , I - • • • t~ - CONTRACT CITY OF ENGLEWOD , COLORADO THIS CONTRACT and agreement , made and entered into this ____ day of ---------' 19 _ by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the .. City .. , party of the first pan. and FARCON INC heremafter referred to as the .. Contractor". party of the second pan. W[TNESSETH, commencing on the 21 sr day of December, 1998, and continuing for at least ten (10) days thereafter the City advenised that sealed proposals would be received for furnishing all labor, tools . supplies. equipment, materials and everything necessary and required for the following : PROJECT: BELLEVIEW PARK RESTROOM BUILDING WHEREAS, proposals pursuant to said advenisement have been received by the Mayor and City Council and have been ccnified by the City Engineer to the Mayor and City Council with a recommendation that a contract for said work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore, and WHEREAS, pursuant to said rcconuncndation the Contract has been awarded to the above name Contractor by the Mayor and City Council and said Contractor is now willing and able to perform all of said work in accordance with said advcnisement and his proposal. NOW THEREFORE, in consideration of the compensation to be paid the Contract, the murual agreements hereinafter contained are subject to the terms hereinafter stated: A . Contract Documents: It is agreed by the parties hereto that the following list of instruments, drawmgs and documents which arc artachcd hereto, bound herewith or incorporated herein by reference constitute and shall be referred to either as the Contract Documents or the Contract and all of said mstrumcnts, drawings, and documents taken together as a whole constitute the Contract between the panics hereto and they arc as fully a pan of this agreement as if they were set out verbatim and in full herein : Advenisement of Notice for Proposals Proposal Contract (this instrument) Performance Payment Maintenance Bond Receipt, Release, Waiver of Claims Special Provisions General Conditions Detailed Specifications Plans and Drawings B . Scope of Work: The Contractor agrees to and shall furnish all labor, tools, supplies, equipment. materials and c,•crything necessary for and required to do, perform and complete all the work described, drawn, set fonh , shown and inc:ludcd in said Contract Documents. ..... "'~ • . ... I • • 0 -• • ·, • c. Terms of Perfonnance: The Contractor agrees to undertake the performance of the work under this Contract within ten ( I 0) days from being notified to commence work by the Director of Parks and Recreation and agrees to fully complete said work within SIXTY ( 60 ) calendar days from the date of said notice, plus such extension or extensions of time as may be granted by the Director of Parks and Recreation in accordance with the provisions of this contract. The Contractor shall pay the City, as and for the liquidated damages, and not as a penalty, the amount of three hundred dollars (S300.00) for each and every day the Contractor shall be in default of completion beyond the time limit specified above, or such extension or extensions thereof as the City may authorize in accordance with the provisions of this contract. D . Tenns of Payment · The City agrees to j,ay the Contractor for the performance of all the work required under this contract, and the Contractor agrees to accept as his full and only compensation wherefore, such sum or sums of money as may be proper in accordance with the price or prices set forth m the Contractor's Proposal hereto attached and made a part hereof, the total estimated cost thereof being forty-seven thousand three hundrqi-njnety dollm ($47 39000) E . Approprjatjon of Funds : At present, l..a.002.has been appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary, in the event no funds or insufficient funds are appropriated and budgeted by the governing body or are otherwise unavailable by any means whatsoever in any following fiscal period for which appropriations were received without penalty or expense except as to those portions on the Agreement or other amounts herein for which funds have already been appropriated or arc odterwise available. The City shall immediately notify Farcon Inc. or its assignee of such occurrence in the event of such termination. F . Conqact Bjndjng: It is agreed that this Contract shall be binding oa and insure io the benefit of the parties hereto, their heirs, executors, administrators, assips, and successon. IN WITNESS WHEREOF, die panics have caused these presents to be Signed s--Uy or by lheir duly authorized officers or agents and their seals affixed and duly attested die day ud year tint above written. 1lus Contract ts executed m 5 counterparts. FARCQN [NC Contractor by ~~~~~~~~~~~ Party of the Second Part ATTEST: Secretary CITY OF ENGLEWOOD By:--~~~~~~~~~~ Mayor Party of die First Part AlTEST: City Clerk Approved u to form : City Alto111ey . ' • • • 0 , • -. , . • '. O' 19' 90' to • D @ .. ,; •· • 0 '32xl • • 0 I• • COUNCIL COMMUNICATION Date Agenda Item Subject Reapportionment of City March 1 , 1999 11 a i Council Districts Initiated By Staff Source Frank Gryglewicz, Director of Financial Services City Clerk 's Office/Election Commission Loucrishia A . Ellis, City Clerk/ Election Commission Member COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance No. 6 , Series of 1993, adopted by Council on February 1, 1993, established the current District boundaries. Ordinance No . 7, Series of 1995, adopted by Council on March 20, 1995, confirmed that the Council Districts remained unchanged . RECOMMENDED ACTION The Englewood City Charter requires that the number of registered voters be reviewed every four years in an effort to equalize the Council Districts . The Englewood City Charter requires that the number of registered voters should vary no more than 15% between the highest and lowest Council District. The Colorado Revised Statutes has a population provision, that case law supports, even though the provision is not made specifically applicable to municipalities. The provisions stipulates that the population of the districts reflect no more than a 5% differential between the most and the least populated district. The Election Commission is charged with reviewing and recommending reapportionment to City Council. The Charter requires that reapportionment be in place six months prior to the November 2 , 1999 General Municipal Election . The Election Commission recommends the following proposed reapportionment, which reflects the transfer of a portion of County Precinct 107 from Council District 1 to Council District 2 . Pra DOsed Council Districts District Population Population Reg1s11aNc1 voeen Reglsllred Yot.r (1990 Census) v..ianc:e (Novwnber 1917) Yartance (15'% • (+l-5'%) hlatwat to lowest) 1 7.227 ·1.63% 4683 2 7,947 +8 .17% 4,211 3 7,266 ·1 .10% 4450 10 .40% 4 6.947 -5.44% 4,700 Total 29.387 18,044 • •. .. • •· • 0 ' -• • • . . The proposed reapportionment meets both the population and registered elector criteria as closely as circumstances will permit. FINANCIAL IMPACT None . UST OF ATIACHMENTS Memorandum dated February 22. 1999 from Senior Planner Harold Stitt. Proposed bill for an ordinance .,. ' ' ' , .. • • 0 • • TO: FROM: DATE: RE: • • • }I E I O R .t \ D l \I Lou Ellis, City Clerk Harold J . Stitt. S.mior Planner February 22. 1999 1999 CoW1Cil District Reapportionment I• The following is the population anal ysis you requested as part of your review for the 1999 Council District reapportionment. The tables below illustrate the current Council District population and registered voter total s and the proposed reapportionment. The proposed reapportionment reflects the transfer of a portion of County Precinct 107 from Council District 1 to Council District 2 . District I 2 3 4 Total District 1 2 3 4 Total Current Council Districts Population Population Registered Voten (1990 Census) Variance (November 1997) c+1-s•1.) 7 ,778 +5.87% M51 [7.396 +0 .67% 3.843 7.266 1.10% 14.450 6.947 5.44% 14 .700 29 ,387 18.044 Proposed Council Districts Population (1990 Census) 7 .22 7 7.947 7 ,266 6 ,947 '9 ,387 Population Variance c+1-s•1.) 1.63% +8 .17% 1.10% 5 .44% .. .... Registered Voten (November 1997) 14 ,683 14.211 4.450 14.700 118 ,044 Registered Voter Variance (15% - highest to lowest) 23 .92% Registered Voter Variance (1591. - highest to lowest) 10 .40% • ..... • . .. , •· • 0 '32xl -• • • ., .. The process of reapportionment in Englewood is problematical because of the need to meet City Charter requirements as well as State Statute requirements. The City Charter requires that the difference in the nwnber of registered voters is not to be greater than 15 % between the district with the highest number of registered voters and the district with the lowest number of registered voters. On the other hand. the State Statutes require that the difference in population between districts be within a +/-5% range of the ideal district sm. The ideal district size is simply the City population divided by the number of districts. The proposed reapportionment is not an ideal solution. However, given the difficult task of balancing registered voter totals against population, it provides a reuonable solution. Also complicating the process is our reliance on the ten years old 1990 Census figures. The City's current population is estimated to be approximately 32,000. Unfortunately, this estimate is not broken down to the block level. This leaves us with the 1990 Census u the only source of detailed population data. Using the 1990 data however, effectively under-represents the population by as many as 3,000 residents. Without the resources to do our own census and with the 2000 Census just a year away, the most reasonable approach is to adjust the Council Districts only as much as necessary to bring them into compliance with the City Charter and State Statutes. Any major reapportionment should be postponed until the 2000 Census figures are available. . , ~ • . ' .. • • 0 "' -• - 0 - l I -•', lu Arapahoe County 1998 Election Precinct Ma • • • • • 0 .~ • • ..... - • ORDINANCE NO._ SERIES OF 1999 • • • BY AUTHORITY A IIILL POil , . All om>INANCB AIIBNDING TITLE l, CIIAP'l'Bll 5, SBCTION 1, OF THE ENGLEWOOD MUNICIPAL CODE 1985, RELATING TO REAPPORTIONMENT OF CITY COUNCIL DISTRICl'S W1TRIN THE CITY OF BNGL&WOOD, COLORADO. WHEREAS, the Englewood City Council established the current Council District boundaries by the passage of Ordinance No. 6, Series of 1993; and WHEREAS, the Englewood City Council confirmed that Title 1, Chapter 5, Section 1, of the Englewood Municipal Code 1985 was unchanged relating to Council Districts within the City of Englewood , Colorado by the passage of Ordinance No . 7, Series of 1995; and WHEREAS, the Englewood City Charter requires that the number of registered voters be reviewed every four years in an effort to equali7A! the Council Districts; and WHEREAS, the Englewood City Charter requires that the number of registered voters should vary no more than 15% between the highest and lowest Council District; and WHEREAS, the Colorado Revised Statutes has a population provision, that case law supports, even though the provision is not made specifically applicable to municipalities; and WHEREAS. the C .R.S . provwon stipulates that the population of the districts reflect no more than a 5% differential between the moat and the least populated district; and WHEREAS, the propoeed reapportionment meets both the population and registered elector criteria u cloeely as circumatances will permit; and WHEREAS, pursuant to Article Ill, Section 20 , of the Englewood Home Rule Charter, the four Council Districts established shall be contisuous and compact and have approximately the same number of registered voters and every four yean Council shall make such divisions, chanaes and consolidations necessary to carry out the intent of Article Ill of the Home Rule Charter; and WHEREAS, the propoeed re-diatrictina meets the reciatered elector criteria as , calculated hi1hest to lowest, there is a 10.40% differential; and WHEREAS. pursuant to population requirements eatabliabed by Colorado Reviaed Statutes, Constitution of Colorado Article V, Section 46, and-law, the propoeed re- diatrictins meets the population criteria as cloeely as circumstances will permit. (District 1 is 1.63% under, District 2 is 8 .17% over, District 3 is 1.10% under and District 4 is 5 .44% under, the ideal district size); and -I - • . .. • • 0 - • • • • WHEREAS, the Englewood Home Rule Charter requires that reapportionment be in place six months prior to the November 2, 1999 General Municipal Election; and WHEREAS, the Englewood Commission is charged with reviewing and recommending reapportionment to City Council; and WHEREAS, the Election Commission of the City of Englewood has found that a variance in registered voters , in exceaa of their permissible limits, exists in Districts 1 and 2; and WHEREAS, the Englewood Election Commiaaion reviewed the apportionment on February 22, 1999 and recommends the proposed reapportionment, reflecting the transfer of a portion of County Precinct 107 from Council District 1 to Council District 2 ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood , Colorado hereby amends Title 1, Chapter 5, Section l , of the Englewood Municipal Code 1985, to read as follows : 1-5-1: COUNCIL DISTRICTS : A. Districts Described. Each district is located in the State of Colorado and the County of Arapahoe . Council District No. 1 : Council Di1trict No. 2: Council District No . 1 shall include and be comprised of all that portion of the City lying northerly and westerly of the following deacribed line: Beginning at the intereection of the center line of Weat Hampden Avenue and the westerly City limit line of Englewood; thence easterly along said center line of West Hampden Avenue to the intersection at South Broadway; thence northerly along the center line of South Broadway to the intersection at East Floyd Avenue; thence easterly along the center line of East Floyd A venue to the intersection at South Downing Street; thence northerly along the center line of South Downing Street to the intersection at Eut Cornell Avenue; thence easterly along the center line of East Cornell Avenue to its intersection with the easterly City Limit line. Council District No . 2 1hall include and be comprised of all that portion of the City bounded by the following deacribed line: 8qinning at the intersection of the center line of Little Dry Creek and the euterly City limit line of Englewood; thence northweat.erly along said center line to the intenec:tion at Eut Kenyon Avenue ; thence weaterly along the center line of Eaat Kenyon Avenue to the intenection at South Broadway; thence eoutherly along the center line of South Broadway to the intersection at Weat lAhicb Avenue; thence weaterly -2- • .. •· • 0 , 32~1 - Council District No. 3 : Council District No. 4 : • • • ,~ -' along the center line of West Lehigh Avenue to its intersection with the westerly City limit line of 'Englewood ; thence northeasterly along said westerly City limit line to its intersection with the center line at West Hampden Avenue ; thence easterly along said center line of West Hampden Avenue to the intersection at South Broadway ; thence northerly along the center line of South Broadway to the intersection at East Floyd Avenue ; thence easterly along the center line of East Floyd Avenue to the intersection at South Downing Street; thence northerly along the center line of South Downing Street to the intersection at East Cornell Avenue ; thence easterly along the center line of East Cornell Avenue to its intersection with the easterly City Limit line; thence southerly, easterly, southerly, westerly, and southerly along said City Limit line to the intersection with the center line of Little Dry Creek, said point aw being the Point of Beginning. Council District No . 3 shall include and be comprised of all that portion of the City bounded by the following described line : Beginning at the intersection of the center line of Little Dry Creek and the easterly City limit line of Englewood; thence northwesterly along said center line to the intersection at East Kenyon Avenue ; thence westerly along the center line of East Kenyon Avenue to the intersection at South Broadway; thence southerly along the center line of South Broadway to the intersection at West Lehigh Avenue ; thence westerly along the center line of West Lehigh Avenue to the intersection with the westerly City limit line of Englewood , thence southwesterly along said westerly City limit line to its intersection with the center line at West Oxford Avenue; thence easterly along said center line of West Oxford Avenue to the intersection at South Delaware Street; thence southerly along the center line of South Delaware Street to the intersection at West Stanford Avenue ; thence easterly along the center line of West Stanford Avenue to the intersection at South Broadway; thence southerly along the center line of South Broadway to the intersection at East Belleview Avenue ; thence easterly along the center line of East Belleview Avenue to its intersection with the eoutherly City limit line ; thence easterly and northerly along said City limit line to the intersection with the center line of Little Dry Creek, said point sleo being the point of beginning. Council District No . 4 shall include and be comprised of all that portion of the City lying southerly and westerly of the following described line: Beginning at the intersection of the center line of West Oxford Avenue and the westerly City limit line of Englewood ; thence easterly along said center line of West Oxford Aveuue to -3- •• ,,,_ • . .. •· • 0 I - • '· • • t• • ... the intersection at South Delaware Street; thence southerly along the center line of South Delaware Street to the intersection at West Stanford Avenue ; thence easterly along the center line of West Stanford Avenue to the intersection at South Broadway; thence southerly along the center line of South Broadway to the intersection at East Belleview Avenue ; thence easterly along the center line of East Belleview Avenue to its intersection with the southerly City limit line. B. Equivalent Size. The City Council finds , determines and declares that the four (4) districts, as hereinabove established, contain an approximately similar number of citizens as determined by the 1990 Censua figures (District l is 1.63% under, District 2 is 8 .17% over, District 3 is 1.10% under and District 4 is 5.44% under, the ideal district size). The Districts contain a similar number of registered voters as determined by the number of registered voters at the last General Municipal Election and the variance between the District with the highest number of registered voters and the District with the lowest number of registered voters is not in excess of fifteen percent (15%). C. Annexations . All territory annexed to the City shall be and becomes a part of the Council district to which the said district is contiguous, until such time as the Council shall redistrict the City . Introduced, read in full , and passed on first reading on the 1st day of March, 1999. Published as a Bill for an Ordinance on the 5th day of March, 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 1st dsy of March, 1999. Loucriahia A. Ellis -4- . ' .. •· • 0 '32xl - • • ORDINANCE NO ._ SERIES OF 1999 • • t• • BY AUTHORITY AIIILLPO& CllalCII. IIIU. NO. INTRODU PE AN 011DD1ANCE APPROVING PURCHASE OF '11111: 8KBDITI' RONE. II - WHEREAS , the owners of the Skerritt Home located at 3560 South Bannock Street have placed the home for aale ; and WHEREAS, the City wishes to obtain thia property aa the Skerritt Home ia an historical site for the City of Englewood; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : $c<;t;jgp 1. The City Council of the City of Englewood , Colorado , hereby approves purchase of the Skerritt Home located at 3560 South Bannock Street by the City of Englewood for the appraised fair market value. Said property ia legally described as follows : Lots 14, 15, 16 and 17 , Block 6, SKERRITT'S ADDITION TO ENGLEWOOD, THIRD FILING County of Arapahoe, State of Colorado Also known by street addreaa u : 3560 South Bannock Street Englewood, Colorado 80110. $ectigp 2. The Mayor ia authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood, Colorado . Introduced, read in full, and paNed on first reading on the 1st day of March, 1999 . Published aa a Bill for an Ordinance on the 5th day of March, 1999. Thomu J . Burm, Mayor ATTEST: Loucriahia A. Ellia, City Clerk -1- 'I ' • - 12bl .. • • 0 - - • • • <. I , Loucriehia A. Ellis, City Clerk of the City ofEnclewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and paaaed on first reading on the 1st day of March, 1999. Louauhia A. Ellia -2- . ' • • 0 - • • • • t• • W i..•\..•J . ,l.•.,11 .'1. .... '•L.'"- BURNS, FIGA & WILL, P.C. ,a.TroRNE'l9 AT &..e.w ~ Tcwai ONE , ~ I 030 6400 Soun, ,.,DDUJIIS GIIEEN CIAl:U tMGu:wooo. COU>IWlO eo, , , ,, - '-I .,;,,. 14a NOAM.-.N W. HIGLEY PRIVILEGED AND CONPIDENTIAL ATTORNEY WORK PRODUCT TCU!:l"HONe: 13031 7N-2828 F.ocat,.tlA 130:ll 79f!rZ777 O,,v;c;-r 1:I031 .. I •-eN I A TfORNl:Y -CLIENT COMMUNICATION February 22, 1999 VIA FAC5JMU E C303-762-2331l Daniel L. Brotzman, Esq . Englewood City Attorney 3400 South Elati Street Englewood, Colorado 80110-2300 Re: Cinderella City 'Rcdevelopmeat Projec;t DearDan: At your request I have prepucd the &,llowing proposal for providing legal ,entices to tbe Euglewood Enviro11me«111I Foundlrion and/cw tbc City ofEapwood in certaiD IDllten related to tbc removal of residual asbestos fiom the mall iaipaovemcats in the course of demolition : !m..1= lllk.J: Ila.1: llcview and analyze tbe Aupll 18, 1997 Propelty Tramfcr ~ between Cindennlk Allocilla and tbl City at E.,.tewood (miped to Eapwoocl Enviromnemal Foundllioa) to .valuate polmtial claims b (I) brwh of COlllrlCt; (2) aondilClosure f llUlcpt :wfation; (3) breach of'wamaty; or odm appropriate claims. Review aad lllllya the ubatos lbalemmt c:oanct c1oc,.,..,. 111d specifications illc:oq,o.llad by aeiawe in the Propa1y Transfer Acl'W to evaluaic polealial limitation Oil bRec:h of c:aalnCt c:llim, and to evalullc pollillll direct claims apimt the .......... coatrlCIOi(I). Perform my nec:emry lepl man:h, rwview document• and prepare aad file a Complaint seeking reccMry of lddirinolJ asbestos abatement coats and dcmolilioll delay damagea. and any other applicable dmlqes, &om rapomible parties . Represent EEF and/or EQ8lewood ill liliptioa, and iD any settlement aeaotiatioas. related to the asbestos cost rec:ovwy claims in the Complaint . I am also enclosiDg copies of resumes b teYerll llhlreboldcn and alOaate anomeya in our 6rm that would be available to work on tbis matter. I propotc that Pbil Fip and I ad tba Jiription tam in this matter, and draw resoun:ea tiom our tirm as 1111)' be .-:aary and approprialc to develop the case . ' ,--:----------------. ... --• ..... • . .. •· • 0 , - Danial L . Brotzman, Elq. febnmy 22, 1999 Paplof2 • • • .. BURNS, F'1GA & WILL, P.C. Our 6rm popo,a to provide lepl ~ in dlis IWts in aclCXJldm wall our c:unent .......,..., fbr fees aad c:osts. PleaN let me mow if you aeed ..., IClditioall idxmalioo or c:lari&calioll repdiag tbi1 maaer. Bums, Ftp 4: Wil, P .C . apprrei:mes the oppor1Ullily to CGllltimue to provide lepl mvicas to Eapwood 11111 EEF . Belt reprds. BURNS, RGA4: wn.L, P .C . Jl~~~~ No,.-W. Hipy ' . . . ' .. • • 0 , I • • ,. - • I • • ' NORMAN W. BIGLEY BURNS, FIGA & Wll.L, P.C. PROFESSIONAL EXPERIENCE: Sbargboldcr yd J>ireslor. &,,,u, Fir• & W"dl, P.C, Denver, Colorado January, 1991 to present . Private legal practice in environmental law and related litigation in a founccri attorney firm. Special aras of practice include hazardous waste regulatory compliance and permitting; wastewater and stormwater compliancc and permitting; Superfund defcmc and cost allocation; soil and groundwater conwnioanl remediation; and strategic coumeling for the acquisition and divestmc:nt of environmentally impaired real estate. Repretentat.ive experience indudes serving u Special E.nviroameatal COUllld to tbe City and Cowny of Dcnva-for tbe doue ud redevdopment of tbe Stap)cton Ime. tationll Airport property and for environmental compliance issues at Denvu International Airport; counsel to the Englewood Environmental Foundation for redewilopment of the Cindcrc:Da City shopping mall properties; dcfcme of buardous waste (llCRA) and Clean Water Aa citizen suits; represerrllion of land owners and responsil,le parties in volumary cleanup and redCYdopnent projects; and represcmation of numerous clients involved in acquisition and disposition of environmentally impaired real esaate . Co•ipit•K, Col""""1 H...,.. w.-COMllllssio,a . 1996 to present . Member of administrative rule inakiag body for Colorado's baurdous waste program, appointed by Governor Roy Romer . Adiyct Profw,r, U•iwrsitJ of Dawr, Ulliwnily a.a.,. 1993 to present lastn.lctor for Environmental Law I (EPM 4200) in the Master ofEnviromnenlal Policy and Management prosnm .... ..,_ l:ayimf 11!fl Crrd'lnkll I tr w,,.,., Ptrhin M••nz HWS TecboloJia, bte, Lincoln, Ncbrasb, DaMr, Colondo; Sin Fraoci,co, California. 1987 tbrwp 1990 Counsel to axponte and project ............. per--' ia • 8DWOIIIDIIIW engineering comulting firm. Primary area of practic:e u in-home coumel included environmcmal auessments of real estate, underground atoraee tanks, IOil 111d pouadwatcr quality, bmrdous waste mm a DH ad abatos ..,......._ ID-boule respoellibililia allo included work with coasultins semces coatncts 111d ~ DlVOMIII «111a•ltuts' professional liability insurance Adminiltntive and project manegrmmt respoalibilities for all phases of soil and growidwller investigation and remediation projects , environmental usessmenu of real estate. and litigation support projects staffed our of the Denver and San Francisco offices . Lg Qa:k. N_,,,,.. 0.,,,,,0,-111 of~ C.,,,,.,, Lincom, Nebraska . 1916 . Law Clerk for Genenl Coumel in a state cnvirolllDIIIW eaforcemcnt apacy Byd..,.,,. JcdapidJ!p, U.S. GMo,lc .s.,,.i,,, Liacom, Nebruka. 1912 tbrouah 1984 . Worked on data acquisitioo and evaluation for regioaal aquifer studies . ' • ...... • . •· • 0 - • • • • • • NORMAN W. RJGLEY EDUCATION: Legal : Undergraduate : Uaiversity of Nebraska, Lincoln. Nebraska J.D. 1987 U11iversity ofNebruka, Lincoln, Nebraska 8 .A . (Geology)1984 ADMISSION TO PRACTICE: Colorado 1990 Nebraska 1987 PAPERS AND PUSENTA TIONS: 2 Parts l & ll of .. Dealing With Contaminated Properties," a three part utic:le in the CBA Real Estate Law SeQion Newsletter, March and June of 1998 (Pin m to be published in Fall of 1998). Co-Presenter, "What Every Real Estate Practitioner Should Know About Liability IDd Property lmuruce," Environmental Liability Polic:y portion of program, with Patrick Riddel. April, 1998. "Colorado VCRA Success Stories : Bluff Lake Parle,• Prescucd at the Colorado Brownfidds Policy Forum, Denver Convention Center, April 11, 1996 . Co-Presenter, •Dc:siping and hnplementiag a Volumty CJeuup Plan." a .minar sponsored by the Colorado Association ofCommerce and Industry, January 27, 1995 . ·state Volunwy Cleanup and Environmental Sclf-Evwaaion Legislation,· Pre9mted to Ncbruk& Industrial Coundl OD Environmalt_ 1995 Comributiaa Author, "Environmeahl Law Handbook,· Prcparal by the Colorado Alsoc:iatioo oL Commerce and Industry, 1993 ; Contributed the Chapter on OSHA "Environmental" Jleaulatioas . Co-Author, "Hazardous Waste and Coalaminalion lsw," Plaalted by J . Kemper Will ll "Environmental Law tor the Non-cnvironmmtal Anomcy iD Colorado,• Natioml BwiDeu 1maitute Sponsored CLE Course, Denwr, Colorado , September IS, 1992 "Enviroamental Regulllions Pertinent to the Acquisition and Opcnlion of Oil and Gas Properties,• Presented to Denver AssociationofPeuoleumLandmen, Novanber 8, 1991. Co-Author, "Enwonmeatal Risk ill Real Eltate Transactions," Presented by J Kemper Will at the Second Annual Eoviroamenta1 Law Institute, University of Oklahoma College of Law, 1991 •Hazardous Materials Encountered Durilla Real Estate Tramectioas, • Presented to a c:oa6demial lending institution, 1990 ' • ...... • •· • 0 , - • • • .. NORMAN W. BIGLEY 2 EXAMPLES OF LEGAL EXPERIENCE: o Repraentllion of numerous owners, buyws and sellC'S of cnviroameatally impaired r.i estate. Experience on a wide raap of commercial aad industrial real cscatc b'amacliom o Special Enviroammtal Coumel to tbc City and COi.DY ofllcnwr, Airport Lepl Scrw:es Divilion.. Lepl COUllld to die DmVlr c.y Aaarm,'I Olic:c oa maaers of taYilomnaal • rellled to operations at both Stapleton 111d Damr lmemllioall AiqJorts. IDd nilated to die c:louc ml redeuciopmllll of'Stapaoa IIIICl'lllliaml Airport. Rep,-•••• of the C1ty aad County of Dmvu in litipboa, lldaanilttllive pro cedes• aad DCg01iatioas 1cprdiag eaYiromaaal mancn. o EDYiroamcnt.al Counsel to the Englewood Eavironmmlal Foundation for remediatioD 11111 rede,elopmall ofdle Cmdlr'llla City sboppiDg 111111 propeniel. o Eaviao-m.,...al COUDNI 10 die City of Cokndo Springs and die Pikes Peak ffiabway Elalprile OIi CD¥irwll cxaplimce iaucs related to tbe operatioa ... llllintalaDce of the IOU road and Summil Home at Pika Pak. 0 Concb;ted eavirormcnta1 due ctilipla to suppon corpoqlC maprs aad ac;quismons OD bcbllf of cme oftbe larpst IOlid wute ealll::lioa 111d dilpaa1 goqa1iel ill tbc Uailad Slam. o Rcpra-rtatioa of~· c:lillds iD niplalary palliniac ml o Bl .. n e, adnliaillrlti'I a-riap llld c:iw litiption ~ .-.ito aw..-. 0 R.tpwwwHf on tbc Colorado CalCIIJIY XJ Gmup • --II. PM ad U '" ~ oftbe aeinWNMC of a light indullry I I .... to die ...... ,-mil,......... ill die Colorado Water Quality COllb'Ol Divi1ioa'1 l"tl'+eicel •. ' . ' .. • • 0 - • • • "' - ,,. • .. • (. NORMAN W. BIGLEY ] EXAMPLES OF TECHNICAL PROJECT EXPERIENCE: o Caxllic:ted and supcrvisat ,oil and groundwater inwslipions and daipicl and implememed coneaive ac:ciom tor rcspoa,a to relcaNs ofbuardous IUbllmces and pcUolmm products . 0 Cond.acted md supervised 111111BOU1 CD\'d0iilii8ld.al IIIC Hmmfl in eleven llata acrou the U .S . for various clients involwd ill real awe trlalln. o Conducted and superviled lite dOIW'CI, lils ._........ remadill actions, and new installation daips at numerous uadergrouad stonp .ac lites. o Conducted seismic;, resistivity md dowabole geophysical IIUdies on regioaal an,undwater aquifers . o Co11d11c:ted arilce water quality wl wedands cwln•ricws . o 48 bour OSHA "Hezmet• On-Sile Mwaer' tr1ini1w (cati1kelioa lepled) . ' . , • ' ... • • 0 , I - • • Office Address Bums, Fip & Wall , P .C . Plaza Tower One, Suite 1030 6400 S. Ftddlers Green Circle Enpwood. Colorado 80111 Telepboae: (303) 796-2626 Facsimile : (303) 796-2m rer1n•as • • , . • PHILLIP S. FIGA CURRICULUM VITAE Home Address 9928 East Ida Avenue Enpewood. Colorado 80111 As: 47 Married 25 years to Candace Cole Fip Two Children: Ben 16, Elizabeth 14 "' - President and sbarchoider, Bums, Figa & Wall. P.C ., a IS-lawyer firm empbuil.ing environmental, mtitrust, a,rporate, c:ommcn:ial ud real atale law and litiplioa; ~· apatite in lawyer pmfessioaal liability, lepl ethics and grievm;e matters. Formaly ISIOCiatcd with Sbermul& Howmd (1976-1980) ad a lbarcholdcr wida Bums & Fip, P .C . ( 1980-1990). Pa 7 I Ed O Catie Mf tkd!kics Praidcnt. Colorado Bar AssocilbOO c·caA•) 1995-96; Chairmm. CBA Ethics Committee (1984-IS); Member, CBA Elhics Cc-111+ir1ee (1978-93 ), CBA 8olrd of' Oovcmon ( 1916-18, 1919-91). Member, Colorado Commission on JudicilJ Discipline (1995-) (aominated by Governor Romer and c:onfinned by Stare Senalc). Member, Civil Justice 1Wonn Act Advilary Group, U.S. DilUxt Court for tbc Diluict of Colorado (1994-97). Fellow, American Bar Foundation (199S -) (membenbip limited to 1/3 of I% of state's blr); Fellow, Colorado Bar Fouadation (1994-). Instructor, Nalioaal Imtitute of Trial Adwcacy, Rocky MOUlllliD Repon (1992, 1994) . Member, Colorado Suprame CowtJBar Aaoc:iltioa Joint Committee to Study the Model Rules of Profiluional CODduct (1917-92); Member, Colorado Supreme Court/ Bar Association Committee on Lawyer Rf91illtion to Rcvix Colorado Ditciplinary Ruin (1997-98). Member, Colorado Supreme Court Advilory Committee on Group Lcp1 Services and Advatising ( 1982-86). ' ..... • ... •· • 0 r I\ I • • • 0 I• - Ex Officio Member, Legal Aid Foundation of Colorado Board ofDirectors (1995-96). Ex Officio Member, American Law Institute (199S-96). Member, ABA Standing Committee on Professional Discipline (1997-) Member, Senator Wayne Allard's Judicial Lcpl Advisory Board (1997-) ;- Membcr, Judicial Compemalion Pana, appointed by Chief Justice Anthony F. Volla (1997-91) lnsuuc:tor, UDMnily oflleuYcr-ColJeae of Law taching Lepl Proi:ssion c:lules ( 1914-16). Lecturer, Uaivmsily of Colorado Law Scbool. and II awncrous bar association ml canrin11ins lcpl education Pf'Olr'IIIIS . Board at'Direclon, Cdando l.a'W)'ll'ICommiaM, 1914-19 (Vice-Chair, 1917-11; Tramrw, 1911-89). Mamlm in aood ..... o(tbl bars oftbe Saale of'Colondo, Atty .... # 7611 (1976-), Uai&a&I SIiia Dillrict Court tbr tbe District of Colorado ( 1976-), tbe Tmtb Cirmit Court of Appeals (19'0-) 11111 tbe U.S. Supreme Court (19IO-). Mielmll', Aasicm Bir MIOQation, American Judicature Socilty. Southeast Metropolitan Law Cub, CBA 111d Cokndo Trial Lawyers ASIOCUltioa Quali&ed and laliW in lllle 11111 &dcn1 couru u • expert witDess on IIUla'OUI lcpl ma1pn,ctic:1c.1ep1 edlicl. sta11n1 or pnm:e • aaomcy r.. ... Ami-Dcf!mariml La,uc r ADL •) Board of Dincton. MouaraiD Stata R.lp,a. ( 19"-); Chairman oftbe Board (1996-91); Co-Cblir, ADL MouaaiD Slatel Civil Ripls Commiaee (1981-90); Member, Nalional Cml Rigfls Committee (1990-); Nllioaal Executive Committee (1996-). Role Medical Cent• Board ofTNlleel (1917-95); Role Executive Committee (1911-9S); Rote LepUIDlurllllcc Coaa.ilhii (1990-94); ColumbillRole Advitory Board (1995-) . AMC Cancer Retan:h Clllla' Board ofTNltlel and Exeaatiw Committee (1993-95). Guarlmy Bank. Dmwr Tedi Caal«, AdYilory Dir9Cl0r (1995--). Allied Jewish Fcdcra1ioo of Colorado Boud ( 1996-91) . 2 ' ..... I· • 0 ' -• "' - 0 • J:dlCldoP B .A Economics, Northwestern University, Evanston, Illinois, 1973, Phi Beta Kappa . J.D ., Cornell University Law School, Ithaca, New York, 1976; Anicles Editor, ~ Jm-n,tjopal Law Journal. "Jury Selection," (co-author) Colorado Courtroom Handbook for Civil Trials (September, 1998). "Colorado's Top Coun is Top-Notch," The Denver Post. July 12, 1998, at H-1, col. S. "Summing Up," 2S Colo. Lawyer 9 (June 1996). "The rnt Tbing We Do, Let's Kill All the Law Schools," 2S Cglp Lawyq 13 (May 1996). "Same Sex Marriages : Should the CBA Take a Position?" 2S Colo LPm1: 7 (Apr 1996). "Advatiliag P.edux," 25 Colo Lawyq 11 (Mar. 1996). "The Merits of Merit Selection," 2S Colo l,a!ll'I[ 29 (Feb . 1996). "Leaming from Learned Hand," 2S Colo. Lawyer 9 (Jan. 1996). "Govenuneat Lawyers and the Bar Auociadon," 24 Colo Lawm 2687 (Dec. 199S). "Women in the Profession: Beyond Tokenism,• 24 Colo l,a'fO"I' 2513 (Nov . l 99S). "Take a Sabbatical-You Deserw It (Lile is Shan but Careers are Lons),· 24 Colo Lawyer 2309 (Oct. 199S). "Courtiaa Controvssy: When Should the Scale S. Tlke Polilioas?, • 24 Cok> Lawyer 2129 (Sept. 1995). "Why the O.J. Simpson Trial Can't Happen Here," 24 Colo . Lawyer 1749 (Aug. 1995). "HelPiDa Yow,,g Lawyers," 24 Colo . Lawyer ISS3 (July 1995). "The Misuse ofScttlcmart Apameau," 43 Trial Talk 14 (Feb . 1994). "The Fuaitive From Real-Life Juslice", Nat Law J Sept . 13, 1993 at 13, col. I, abo published in Th; Dmya: PmL May 29, 1994 11 5°D, col. l, and in abricl8fld bm u "'FuaiCM' Mialll Not &cape 11me Days", Rac;kv Mtn, N,m. Alla-25, 1993 • 41A, col. 2 . "Good Edacs are Good Bulinm in Lona Rua." The Jlmmr Poat, July 9, 1990 at 2-C, col. 3 . 3 ' •. .. •· • 0 f ?X - - • • • <, "The 'Americ:an Rule ' Has Outlived Its Ulllfblmu; Nat Law J, Oct . 20, 1916 at 13, adopted for rq,ublic:ation in the Rocky Mtn . News., Feb . IS, 1987 at 71. "Ethics,• 1914 Am,al Sumy ofCpJorado Law 77 (1985). 1, "Rule 11 u a Lltiption Tool.• 12 Colo, Lawya: 1246 (Aug. 1913). "Lawyer Solicitation Today and Undlr tbe Propoaed Model Rules of'Pro&aioaal Coaduct,- S2 U Cqlg L hv. 393 (1981). "The Capacity or FOl'lip Sownips to Sue in Pmale Fedel'al Antitnut Aaiom, • 9 tmlllll ll!llll 137 (1975). 4 •. ' •. .. • • 0 '-I - - • • • <. DANA L. EISMEIER CURRICULUM VITAE Burns, Figa & WW, P.C. Plaza Tower One, Suite 1030 6400 South Fiddlen Green Circle Ea&k'Wood, Colorado 80111 Telq,hoae: (303)796-2626 Facsimile: (383) 796-2777 Professioaal E:qeritpce • 1990 -Present • 1984 • 1989 Bums, Fip & Will, P.C. (Shareholder); commercial law and litigation, environmental litigation, sports law (ccneral and national counsel for Women 's Professional Rodeo Association), intellectual property. Kulak, Rock & Cw•pbell; commcn:ia1 law and litigation, real estm, public sector finance and municipal bond issuance . E.,.......ta1 Litiptiop EMRiuce • trial and lppl!ilate experience • litigation involving asbestos , pettoleum hydrocarbons, solvents, and PCB comarninams, among olbers . • SWUtory claims (CERCLA, RCRA) and common law claims (trespass, nuisance and nqligmcc) • 8.A. History (major) and Economics (minor), Alma Collqe, Alma, Michipn, 1981 , S111M1a cwn laude ; Phi Beta Kappa. 1981 ; Vice Pnsident Phi Alpha Theta, 1911; Chairman, Studc:m Council Community Govanment Selection Committee, 1981 . • J.D ., t:niversity of Notre Dame, Notre Dame, Indiana, 1914; Notre Dame Law Review . 1982-14 (Administrative Editor, 1983 -84) . Bar Ad•illfeN • • • Colorado (1914) U.S . District Court, Colorado (198S) Tenth Circuit Coun of Appeals (1992) ' • I .. • • 0 r,., I - - • • • • • '· • U.S . Claims Court (1992) • Federal Circuit CoW1 of Appeals (1994 J Special Bar Admissions • Utah Supreme Court • Wyoming Supreme Court • • • • • • The Law Club of Denver (1990 • Present) Co-Secretary (1998) Treasurer ( l 996) Grcai Book Committee, Chairman (1994 and 199S) Executive Committee (l 993 and 1997) American Bar Association. Colorado Bar Association , Denver Bar As:SOciation (1984 -Present) Faculty of Federal Advocates (1997-Present) ABA Litigation Section Member .lnsinncc lnfonnation Council Member (national association of lawyers rqxeseutiag insureds in covaage aricl Wurmcc-rdated litiption) (1991-Praent) Colorado Bond Allocation Committee (Draft.ld bond allocation bill for Co!Ol'ldo LegisJature)(]987) • "The Alter Ego ~trine In Colorado," 1hc Cologdp Lawyq, March 1999 • Case Note. "Recovery Under the Vaccine Act." Trial J:llk , Ja. 1996 • Book Review, "News of Crime," Notre Dame Le Review, 198' • Recent Decisions, "Airport Drua Seizures: How the Cowu Strike tbe Founb Amendment Balwe," Notre Dame Lg 8cYn, 1983 • "Japan. the Uni1cd Slales, aDII Ille Corning of War in tbe Pacific. 1939-1941," Michipg 6ednriell! l 912 Profnsioual Rcfenmces Available On Rdqucst . ' . . . . . ' .. • • 0 , I - • • • . ,~ - ARTHt:RP, Mizzi, PAGE l ARTHUR P. MIZZI BURNS, FICA & WILL, P.C. PROFESSIONAL f.XPERJENCE: Ayociate. Bwru, Fi,-• Jrdl, P.C., ~nwr. Co~o. Fourteen-anomey law fum spccializin& in enviroomeotal, property, corporate, and business law. Clients range from individuals, to small businesses, to larae corpocations and municipalities . Personal practice empbasms air pollution law, water quality law, and Wa1Cr ri&hts law. Duties have included: (i) Air quality compliance and permitting for the City and County of Denver at the Denver Iatemational Airpon as well as for several Iarae and small corporate cliems, (ii) Authoring policy or legal memoranda on environmental issues such as Clean Air Act conformity, emissions credit bankiD&, and alternative fuels; Clean Wmr Act point and mmpoint soun:e idc:ntification; and various Colorado water law issues, and (ili) Negotiating cnvironmmtal enforcement and civil action :settlement apeemeuts on behalf of our municipal and corporate clients. Other eitpertise includes developing aaributable cost algorithms and evaluating penonal and corporate "abilities to pay" based on EPA's ABEL and INDI-PAY models. August l, 1997 to present. LapClerk. Pt,,uJ. MIUIIO, H""'11 • 5jpN,utN. P.C., DM,w, ColoNrlo, Eighty-attorney Denver law firm specializing in environmental, property, and product liability law; duties included legal researdund wmiag legal memornia on environrneohlJ issues . May ts, 1996. August IS, 1996. Cdnll .t 0.,,--,,, r.C, llollltla-, C,,,.,.,,._ Six-attorney Boulder law film specializing in euviromnenlll, property, and professional raponsibility law; duties included lepl research and writina of legal memoranda. March 1, 1996 • June J, I 996. EyntWbew, UIUIIHS.0 £1tNl'H-IIIAol«liol,~, .... J;71J"'6ae 110//lff,B--. MOIIIM& Reviewed Of*ity test rau1ts and r1llfW moaitoriq 11m111Y dcYdopecl in reapome to Consent Decree in Unittd S,atts v. Stone Container Corp. October l, 1991 to praent . U11ilff Slata ,,..,,._, of JIOliu, ~ •d N.,,,,. .._t1tta lNwslM, El,~ &fo,a,,,at s«tiM, ,,. .. , c..... Provided litiption support related to opacity violations and monitoring in United Stales v. Stone ConllluWr Corp. December l, 199S -September t, 1997. ' •· • 0 , - • • • 0 t• • ARTHUR P. MlzZJ, PAC[ 2 Law latera. Unild S1111u En11irolllltfflllll Prot«tion Apncy, Enwonmentlll Enforcalfflt Dimion, lhm¥r, ColONdo . Twenty-five attorney office specializing in environmental cnfon:cment office; duties included lepl reseaich and writing legal memoranda on environmental issues. September 1, 1996-March 1, 1997. , U1tilftl Stllla DcjwlHwAt of Jratia, ElfflrOlllflffllfll. -d Ntllllnl ltaollfffS Di,,isioft. Enwo,.,_,,,. En/otUIWIII S«tlon, Da11U, Colfll"MO. Twmty-five attorney office specializing in environmental mfon:emcnt office; duties included lepl ~ and writing legal memoranda on environmental issues. May 19, 199S -August 1 S, 1995 Aa•ociate $denliat. Ntllio11al Catto-for A.llrtospl,mc Runrc,,, ClilMtc atl GloNI Dy,,atia Dlvisloll, G/oNI Dyn.-a s«tioll, lloflltla, C°""""°. A national almOSpbaic sciences laboratory funded by the National Science Foundation; Duties included raarcbing and writing papers, reports, and computer propms on tropical atmospheric dynamie5 and modelin&, pracntiDg results and scientific meetings and seminars; and supervising student assistants. May 15, 1981 to January l, 1995 . EDUCATION: Llul- UIUllBSily of ColD'°"" Col• of LIIW, J.D., May 1997. Graduate. U11i1'Bnly of Colo,.., Ph.D., Applied Mathematics, 1994 . Ullhaslly of ColtJrMII, M.S., Applied Mathematics, 1919. UIIMnily of Y-upria, M.S., Environmental Science, 1912. Ure1+MMII- U~fl/nr,;,,., BA., EIPiroamcalal ScicDcc, 1977 . PROFESSIONAL CREDENTIALS AND ACTIVITIES: Manber in good anding of the bars of the Stale of Colarado (1997); Uni1ed Smes Dislrict Court for the Disbict of Colorado ( 1997). Member, American, Colorado, and Deaver Bar Astoc:iatioas (1997 to preteat). Member. American Meteorological Society (Im to presc111) . ' .. •· • 0 , -• • !• • ·, ARTRVR P. MIZZI, PAGE 3 Member, Natunl Resources, Energy, and Environmental Law Section and Science and Technology Section of the American Bar Association; EnviroDIDClltal Law Section and Environmental Law Section Cowicil of the Colorado Bar Association. PUBLICATIONS AND PRESENTATIONS: ])pis and Di1Hrtatioa. 1. Mizzi. A.P., 1994: Sp«tral npruentation o/tlw l/ff'lical coordinole in three-ditMnsio,,al atmosplwric lnOfMls on tropicol P. Oltdf-p/OMs. Ph.D . Disser1ation for Applied Mathematics Program at the University of Colorado, Boulder, Colorado, 254 pp . 2 . Mini, A.P., 1912: .A lflllMrical inwstigation of the mesoscal, atmosplterlc circ11lation tn tit, Or,gon comtal '°"' witlt a cwpled atmosplwre-o«OII model. M.S. 1llcsis for Environmental Sciences at the University ofVqinia, Charlottesville, Virginia, 114 pp. E11m!al Peer-Rmewed Jo,rpal Artkla. (Note: Asterisks refer to papers or presentations resulting from tbc$cs) • 1. Mizzi, A.P .• and R. Pielke, 1984 : A numerical study of the mcsoscale atmospheric circulation observed during a coastal upwelling event on August 23 , 1972, Pmt I : Sensi1ivity studies. Montltly Weather Review, 112, 76-90. 2. Kasahara, A., A.P. Mizzi, and U .C . Mohanty, 1987 : Comparison of global diabatic beating rata from FOOE Level IDb analyses with satellite radiation imagery elm. Montltly Weadwr Rnirw, 115, 2904-2935. 3 . Mizzi. A.P ., and A. Kasabm. 1919: IDlcn:OIDplriso of daily variations of atmospheric variables including diabalic beatina rates &om the ECMWF. GFDL and GLA FGOE Level Ilib aaalyses. Jo""'°' o/Geoplryskal bseardt. '4, 14 ,717-14,741 . 4 . K.asabara, A ., and A .P . Mizzi, 1992 : Esrimem of tropical mlysis cliffeaeuc:es in daily values produced by t,wo opcratioaal c:clllal . Alolttltly ,r-,,., Review, 120, 279-302. 5. Kasahara, A ., A .P. Mizzi , and L.J . Donner, 1992 : Impacts of cumulus initialization upon the spin-up of precipitation forecasts in the tropic::s . Mo,,tl,Jy WealMr Review, 120, 1360-1380. 6 . Kasahara, A ., A.P . Mizzi , and L.J. Donner, 1993 : Diabalic initialization for improWIIIIIDt in the tropical analysis of divergence and moisture using satellite radiomelric imapry data. Tel/us , 46A. 242-264. •. .. •· • 0 , - -. . .. • .... • • '. ARTHURP. MIZZI, PAG£4 •1. Mizzi , A.P ., J . Tribbia, and J . Cuny , 1995: Vertical spectral representation in primitive equation models oftbc atmosphere. Mon1hly W,atlwr R,vtew, 123, 2426-2446. I. Kasahara, A., and A.P. Mizzi, 1996: Use of precipitation data for diabatic initialization to ~ the tropical analysis of divergence 111d moisture. Meteorology and Atmospheric Pl,pk:s, '8, 143-1S6 . . . 9. Mizzi. A.P., 1996: Nm, Caspian~ Oil. Turmoil, and CaYiar: Can they Provide a Basis for an Ecol'IOlllic Union of rite Caspian Slatu?, 1 Colorado Journal of International Envi.ronmcotal Law and Policy, 413 . (A more complelle list of over sixty public:ations and p.eseutatious is available upon request.) ' .. • • 0 I ~..,, I - \ • • • 0 - iAA .. L. ~ --'~1 /~9f llf1 -I ----) Mr~ IJ:c.ffe -~---------~- ~-~ ~---.. ~~~1~1~--- 1. &_eµ1,.c --~-- ----~: -- ---/JJMLIA -V-_ --·-- ---~-r-,~~ y-- 1 . . . ' • • 0 • ~---:: -~--.@9; . ...... _ -~ • • ,, - . . . I· f • C ----=-----~-. ~-~-- - 0 :. - ---- . ---O)Mffl-_ ------- -· --- --~--=-= tffe> ()fm ;;---~ -~~-- ----• • C ' • • ' . 0 - ... --- ------ -- " ~-- ---- -- --- • -- ------ • I· • C ' • ' . . ' 2 • - 0 I• . • I . . . . .. - -. . . I. . • • ,. - 0 - . - -~ • .. . . . I . . C ' • I'----- . . 0 I• • . ' . . -~---- ------- • • 0 • -~. 0 : .. . -l ' . 0 ' • • - 0 I • • --- • • I. . C ' I f • • ,,, - - 0 . -. ' . . " . . . -I. . 0 I f - • • • • 0 • ... A • I ---===---=== ffld -----==----=== ---p--wi:Jt~~--- 1·-if _ ' • • C - I , 1. 2. 3 . 4. ·, <. • • , . • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MARCH 1, 1999 7:30 P .M. Call to order. 'f :%F Invocation. n~ Pledge of Allegiance. ~ R .. ICall. ')~ 5. Minutes. I? A~ 1 . £. . . _ ~7,.l) Minutes from the Regular City Council meeting of February 16, 1999. ft>~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) ff 7. Non-Scheduled Visitors. (Please limit your presentation to five minutes.) 8 . Communications, Proclamations, and Appointments. ff 9. Public Hearing. (None scheduled) fr tJff/P/-rf'...,=~!f::/°a_ 11 II /If 1 /JJ'f-J/ i. Council Bill No . 8 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement #140. STAFF SOURCE: Stewart H. Fonda, Director of UlllltlN. ii. Council Bill No. 9 • Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement #141. STAFF SOURCE: Stewart H. Fonda, Director of UtllltlN. PINN noee: If you haw• dlHbMy and Med awdllary lllda or w .rla 11, ....... nallfy .. Clly ol lEuglewood (30S-7U·240l5) at !Nat 41 hours In advanoe of .... NrvloN .. naedld. Thank ,au. ' • .. • • 0 -• 0 • Englewood City Council Agenda March 1, 1999 Page2 b . iii. Council Bill No . 10 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving Southgate Supplement #142 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iv . Council Bill No. 11 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving License Agreement with Southpark Metropolitan District for a sewer line easement. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. v . Council Bill No . 14 -Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to adopt a bill for an ordinance amending the Wastewater Utility Ordinance to meet Environmental Protection Agency requirements . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Appr~al of Ordinances on Second Reading . ap,J1-e ~ o ~ ,a . . . -· . Resolutions and Motions . -/ I /1 n / I i. Recommendation from the Utilities Department to approve, by motion, the purchase of a 3/4 ton pickup truck. Staff recommends awarding the bid through a state bid process to King Chamberlain in the amount of $22,981.00 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. • ii. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve , by motion, the purchase of an air conditioning condenser for the Plant. Staff recommends awarding the bid to the lowest bidder, The Trane Company in the amount of $32,674.00. STAFF SOURCE: Stewart H. Fonda, Director of Utllitlff. iii. Recommendation from the Department of Parks and Recreation to approve, by motion , a construction contract for new restroom facilities at Belleview Park . Staff recommends awarding the bid to the lowest bidder, Farcon, Inc., in the amount of $47,390.00. STAFF SOURCE: JerNII Black, Director of Parka and Recreation. 11 . Regular Agenda. a . Approval of Ordinances on First Reading . b . C. Council Bill No . 15 -Recommendation from the City Clerk's Office/Election Commission to adopt a bill for an ordinance reapportioning City Council Districts to comply with City Charter requirements . STAFF SOURCES: Frank Gryglewlcz, Director of Flnancla~ServlCH la A. Ellla, City Clerk/Election Commlulon Member App~ of Ordinances on Second Reading . Resoflons and Motions. PleaM nole: If you i." • dlublllty and need auxUlary aids or wvlcaa. plNN notify Ille City of l!nglewood (303-712-2405) at ..... 41 hours In advance of wtwl NrvtcH arw neaded. Tiwlk you. • ..... •· • 0 , 2 I -• • •• • .. Englewood City Council Agenda ·March 1 , 1999 Page3 12 . General Discussion. a . Mayor's Choice . b . Council Members' Choice . 5l. /,1 /J.,-/j,,,_J"J3) council e;11 No. 11 -A 0,110, an o""""""" _..,;ng tt,e pu,ct,ase o1 ""'/J, ,cl. ~ rrp-· 7f"1 'U Skemtt home-l' ~ 13 . City Manager's Report . a . Englewood Center Update. 14. City Attorney's Report . a. Request appointment of certain attorneys from the law firm of Bums Fig&. a '}-() to pursue environmental claims against Cindermak and Equitable . -."'-<r.1~ ,/-:;.-..~ "'*""""""'0 .;f~ 7</.it:J e ollowing minutes were transmitted to City Council between 2/12/99-2/25/99: • Englewood Clean. Green and Proud Commission meeting of January 12. 1999 • Englewood Public Library Board meeting of January 12. 1999 • Englewood Code Enforcement AlMS,Ory eommittee meeting of January 20. 1999 • Englewood Uquor ucensinQ AuthOritY meeting of February 3, 1999 __ , .... -... _ ... ---·-dH0, __ ....... -- (303-712•2405) at ..... 4l hCMlr9 In---°'"'*'__.. .. ........_ 1-* you. . ' •, .. • • 0 '32xl -• • • .. • • March 15, 1999 Regular City Council Meeting . ' • . • .. 0