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Home My WebLink About1999-01-18 (Regular) Meeting Agenda-• • ·, - '· • • REGULAR CITY COUNCIL MEETING JANUARY 18, 1999 ORDINANCE # /,' ~/S, 6, 7, 8, 9 RESOLUTION # / /.'6, 7, 8, 9, 10, 11 "' -. , • .. 0 • I· • 0 - • • • t• . ~· PUBLIC COMMENT ROSTER DATE: JANUARY 18, 1999 NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON SHOUW SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME AQQRESS TOPIC -. .. • • 0 I . Call te 0.- • • I • - ENGLEWOOD CITY COUNCD, ENGLEWOOD, AllAPABOE COUNTY, COLORADO .......... J-..y II, I"' lbe regular meeting of the Engle,iwood City Council -called to order by Mayor Bums at 7 :56 p .m. 2 . .__._ The invocation -pm by Coaac:il Member Nabllolz. 3. J'Waetl~ The Pledge of Allegiance -lod by Boy Sclolll Tn,op No. 92. Mayor Bums lla*td diem ml told diem they did• cxa:llcdjob. ... ...Cal Plaeat: Coaac:il Memllas Nabbolz, Gama, Bradshaw, Habenick, Waggoner, Bums Abacat: None A quorum -praclll. Ala, preaenl: City Ma...-S-.. City AIIDnley ~ City Ciak Ellil l>ilaJI' Bid, Pab ... Rec:nmma l>ilaJI' Foadl, Ulililim l>ilaJI' ..... Neqllborlload .... ...._ De,,dapment Acliag Dinlc:mr' Kala, Nllic Wolb 5 ....... (a) COUNCIL lffllMlt •aADSIIAw MOVED, AND rr WAS SECONDED. TO APPROVE TIO IIINUffS CW TID REGULAR MUTING CW JANUARY', I,,,, Ayes : Coaac:il Memllas Nabbolz, Gama, Bradsbaw, Habenick, Wagoner, Bums Nays: None Motion carried . 6 . Sehrt w Viliten (a) Dirmor Blact praeaud a plaque pm to the City of Ea,lewood for contributions to Weslem Welcome Week . He aid lie ..... IO S-die plaque anJlllld to CGuacil, make a few MQlmcnts and read a DOie from Com:il Member Tom Mahe)', rn. die City ofLilllcaa. Mr. Blact DOtclll lbll, for the ... few }'CIIIR, die Pab ... ~ DqalW ... allowed die .. of Ille 1111cM-Wlfllll lo die City of Lialetoa for dlCir Walcnl Wclcoac Week. TIiey ..a it die firll llialll • a opmiag ~ We bl\'C boC11 W111U11 widl diem for lllcllll fiw or lix ,-.. llc llid, ad dlcy .-111i1 plaque ml they Wllll to praca1 it to City CGuacil . He read die followiaa aaec: "Dc.-Jcm:11, Tiu plaque ii a taken of our ' ' .. •· • 0 ' I / 0 • ~ 'i li ~ if I ij i I~ ff ~1111 I ~ f ~ I i9 i1· «1~, .. ~... -1 ~ ~ 3 I l r Ir s Ir ~ • z r Ii! · ;; - f JI. ii ; i I f 'ir 18 i .1!ilr .. J ~ i .r i ~ JI f i ~ I ! t' 1 I If?. I i i t hf; 1 i ; 6 • J. I ii I. ,1 li~! t. ~ I 19 •• r: S I i.. s"II ta! l Ii 1 f .. f 1 1 l • ·n ~ ! it nr I i " ur J J '1 l ','11 ! I ~II 11,1 i I ,19!lt r i :, iii l . 1.if1=l i ill' a i r t rlj 1 !t Ur! i i i;i t I 11 l I~ i !1 till 1 I ill 1 1 • I I! 1· {fi1 i 1 !Ir ( l I · f . tfi~ a 16t a r 1·•1 f I [' • r • • I . r I . ~. 7 ' ': .. . -• • 1~ E•&lew• City C-'l Jaaary II, I"' Paat3 • No public bearing WU ICbcduled before Council . 10 . c-aA..- (a) Approval oCOrdinwa oo Fim Reading Then: were DO lddilional ilcam IUbmiUal for appnwal Oil fn radiDg. (See A,cnda Item 11 -Regular Agenda.) (b) Approval o(Ordinwa Oil Second Rading COUNCO.. MDD&ll aMDSBAW MOVED, AND rr WAS SECONDED, TO APPROVE CONSENT AGENDA ITIM5 It (II) (I), (II) • (Iii) ON DCOND READING. (i) ORDINANCE NO. 3. Sl!RIES OF 1999 (COUNCll. BllL NO . 1, INl1lODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AlTIHORIZING A "LICENSE AORF.EMENI"' BETWF.EN ADV ANCEi> STORAGE lLC AND 11iE CTIY OF ENGLEWOOD, COLORADO FOR CROSSING 11iE CllY DITCH AT 5001 SOlTrH WINDERMERE S'JllEET. (ii) ORDINANCE NO. 4, Sl!RIES OF 1999 (COUNCll. BllL NO. 2, INl1lODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING SUPPU!MEHJ' NO. 21 TO 11iE VALLEY SANITATION DISTRICT CONNECTOR'S AGRl!l!MENT Wl11f 11iE CTIY OF ENGLEWOOD TO INCl.UDE ADDmONAL LAND Wl11flN 11tE DISTRICT BOUNDARIES. (iii) ORDINANCE NO. 5, Sl!RIES OF 1999 (COUNcn. BllL NO. 3, IN11WDUCED BY COUNCIL MEMBl!R BRADSHAW) AN ORDINANCE AlTIHORIZING AN Dm!llOOVERNMENl'AL AOREEMEJlin' EmT11.ED ·u.s . DEPARlMENT OF 11iE IN1FJUOll U.S. OEOLOGJCAL SURVEY JODlT FUNDING AGREEMENT FOR WATER RESOURCES INVES11GATIONS." Motion c:aniod. Ayes: c-:il ...... NIIIIIDlz. Gama, llladmw, fflllaliclll, w....-.Gmalll.a... Nays: NOiie (c) Rmol1lliaal 11111 ~ COUNCO.. UIDUl BAaENJCBT MOVED, AND rr WAS DCONDU, TO Al'PIIOVE CONSENT AGENDA ITDI 10 (c) (I). (i) RESOLlJI'JON NO . 5, Sl!RIES OF 1999 A RESOLUTION APPROPRIATING FUNDS FROM 11iE 1999 BUDGET FOR CONSERVATION TRUST FUND PROJECTS . Ayes : ' .. •· • 0 , • • I fi f !i llii § I Ii [1 fi !If~ ~11 1 1&,~f! ~ f fff E --1 ~ l ! ~ ~ h ~ 0 If r h u l I 1' . rJ. a. ·If Ii ~ f M ; l B . ii ;: ~ ~ I !t ! .t rrt If I' I rsr1: l :.9 I Ii I ifl ~ii;~ I if f[f. •} i l 1filllte i I 1 1i l ' ~ a i ~ i 8 i i i I , '1 ! • I : n f d ''1 i a. f If 'tEi!; i!I ~ii, 11li !t I li111f1'il~, I f -I: Fl~ :::1 I I-< J· r. I I I f i ··i I J •. i I_ I, D t. > l l r1 i !~i I j? i111a !I I iJiiil•1 I ! ~ ~ii! 1f I ~, 1 l,~:,~,J[-__ , •• f. •••ll_r If f , 1 i in · 1 ~i ;ii 1 11 ; 11 iUt un1·· ~ ~ E ~ i (fE a. Efis~laf ~ i~B i f:! l i iiifi !i I :z:; . '-15. rJ •o• sifo • . r . \ .. 0 • r I ,· I . . . ~-· .. ' ~ . ' I \. . • ii iii Iii~ 'I~ fi!J~ , 1111111 111'1~1 § "Ii ~Ii 5 6 ~ · f J f i ~ J t · f ~ 1-~ i ~ J.1 r ,J I I I e i I ;: l 0 ~1 1 n n i,ur h1f~1 [i jJ iJi lg s 1 1 1_ ii o• 1 -~ !Lt ,1i~ l 1:011 11-J1111f, t I i n l n h 111: i I i'Pi'f rr! !t f i I t~i es I ;t JI Ii I f ~ f l1f ah '1~ilt·r1 r r ~ i " ! r 1 ., 11 ., t I t n· .J 1 , I f r a-s I I 1. -1: 1 ~ I R ~ 1 : 1! t t. i f i' er f ! ! · 1 t J :· 'i I I 1,r 'ff Ii i I rJ 1~ a ;t •& ~~,1 ,-11'1' I ,1 . i : I j ~ ~ ii fl I I =f I I I di I al lo { f ~~ I . ; II :•11 1,:111! tifii~i f l I! 1f11' 11111,1 ii!;{It 1-I i it tl I '1lti~i Jjil'lr. ~ i · ~i 1 1 tf liil i1 ii(Jt !,LJh ! ~ i ~ ! ~ t .,,., r1~1f,, !1!t~s~ · ~ E ~ I · l S8 l tel8 ,~-~ i i f at e1:·JI - r I .. • ... I .. • , . \_ 0 • I ~ ) ) , \.. . • JI 0 llliii 1f~ ~ 9 i if ii i}lli i!ij.!f~~ 1~1 9J~ ,~ I iff siiZ.•1 lw, i If Ii f rl~f 18 1 ~,.f Jf1f·· 1. l J 1 i If!. t Is I l t ~11 t I wJ t J f r = t ( 1 , r = i l l . -i ifilitm • 1· ~ i I i I i ltlf I ~,1r1 It Il1w1r~ t, g f ii lgi~! i'J I i l I l[ I 1:11 Jf!J~)rf jt (!]~ fi i Jt1l1I tr l I I •• I .1 I .,,.~,Ir ,1,,1 I'~ ill!lf f• ~JI J fr 11 iJli !~i:1,!f f1Jill I I f ·18111~ ~t l I! I 11 t 8s tr1··· ·i~ 1~·•1A'1 s i s s l • JJ t t I f if ( I J fl l f. 11 · =. Ir ii J ? Ir•: I · J i f f I g I l ff f I . ii •·1 a· s· l ~ i· .. r f iJHi ii I .. i ! h i ltH H!lJil! iOH I tl11 1r1 Iii · I I! ; r'ill 'Ilftt!t fJ!II I !~• J 1·, I,• ~ 1·t1 1i·11 11 11'1' 1 llJ~l ll r ~ f • ,1'19 l!!,~t1 J:nl~1if r t •. i I ( t ~ . Ii I C: . &' I ~1 1;1 •1 I 1 , ~·=-' •l1ii1 1,i,~ I ~, tr t . • a lf•l tr IQ.>if .i1f1,1 a t. ~-~ J ::i . i f l I ( I ~sf I a f; t j J i· :s JI-., . , Bo . B. ... ~ ., ~ . ~ • • • I I . . . ',; , .. . ·, \.. . • J) llli r1!r~r 11,~i 11~1111ra~ ,~ ~ !!~ l~i a 1i~ 'i ir1r s I .1 J ir =· I ~ • s . · l ; ! I'~ I l J ! r :. a f s.11 ! I ... s ! O · 'hH r11i 1f r1.11·1i 1.;[ !1' 1, :r.!f t'f w )i · h ;! I I f t.f a. I t ""' ~ I . 5 . 1-l ~ 1111 1 i(;} 1ill t~!lfiftffE I I I 'ti Jil I 11 ,~ r. , .. I• if 1 ,. i r I If I ll'f r . f. f r I i . ~ t I • •· I l t •Is ( ··Iii' i• I ~,·1: 11,, ,,1 I ... t: IEii !it ! 1· r 1a.· r t f f 1 r f rf f i . 11 • I' l J l,1 i ~-I lii'r !11J.=· ra.1· ,1!1 · -J; 1~ i ~ ~1 ··1~ 1 ,1 ! I ,,1~1 I!· I 'if1:1r · f I I' (a! i 1~ ~ ti• I ! ·f1·· tf 11 J 1.!1 1· ttr J rJ . r, i t! [ l f ( I e 8 ·!. '• •. . I• i1 • · 1 r i i' t l Ii' i I I a. • 11,, •'' ~ 1 it a.1 111,• 1 ~, 1 ! ,. r "~'I rJfrr 11 Jflif _ t' o . ti If r, ~ i!J ~~ ~H Jf 1HHl1J I 11 i! It i i 1 ·! tf fil I! ~11,wr1 ! I r, ;t ii I • ~ . \ ~ • I . . . .. . . ~ .. - • • • l.•&lewood City c..u J--,, II, 1"9 P.I • 0 • ,, - I • and talk with than and get -axxdinllioo and cooperalion. Director Simpeoo SlalCd that is something we can sure talk to than about. And if, Ms. Habcaicbl llid. it is a sales lax issue and wc arc being bun:leoed became wc arc trying to do something FOd, Ihm we ._. to look at tbat. Dircc:10r Simpeoa said be dlougbt dial -oae of the iaura tllll c:ame up with Council reccmly, specific:ally rdaled to dlis lite. ffe opined dial WC sbould comidcr ... pc:rlllpl WC: could take a look at wba1 the polelllial impacts of the tax 00 food migllt do to thll kind af a"--and it miglil help with providing some diectioo to c.ouncil . And, be said, why don't Ibey wort on 1h11 jult a lilllc: bit c.ouncil Member Bnllllbaw mled tbat her conccm is 1h11 Ibey 1111w let the whole 8ffa lO to pieces down there. She poinled out thll the CJ1ber dung is Ibey MR die mavor llumllling block in gelling Ill)' development IIJUI& i-. we bad to buy their leas to keep dat iD die City in die 1980'1. So her conccm is dial die City 1111 been more than bolpillblc to King Soopen and lbc just feels that they arc slacking riglil now . c.ouncil Member Habcniclll .-d dial lbc 1111 mo bad people say "wait a miaulc, I dlougbl King Soopers -p,ing to be np1Nting. dial is wbal Ibey MR p,iDg to be doing and mllling a auper 11ore with a loe more puc:ery lbappiDg and a lot more_. ti:ieldy ... wilb a Oowa mop and all of lllllle kinds of tbings. • She said dial is pat of wily we made -of die decisialll we: made iD tau. of pamiaiDg die palwlg loC and learilig clown and baildillg die way lllcy did. Sbc dankcd c.ouncil Member Bradshaw bec:alle * n:miaded her of tbat. Dircc:10r Simpmo sugelled dial NBD ca aJlllact axpon1C King Soopcn and talk to than about issues of their llore opmlbOIII ..S make ..-e lllcy llllna die deel;-ffe said be miglll try to al111 find out. wbcll Ibey may be inlaelled iD e 01M'ti• wl bl · m imo a mucb mon: updllal *>re. He said be knows be~ imo people there and be bows it is not die llOla tbat WC ICC iD CJ1ber pats of the Cily and that WC can talk to them about ....... ........ He lllled be wiD aft thll diacuaion. Mayor Bums said be dlougbt it -Jim Sullivm thll llOlld al dial poditaD and rold 111 1h11 Ibey wac going to expmd thll llOR and WC.___., dlll w:ry well . Dircc:10r Simpmo adviad dial be will &ad OIII wlaal tbcir Uliag is . ••••• Mayor Bums aid lie .............. Gary Scan-IDUII ID ..-111 lllis too, about th&: IJRII rdcasc. Coucil • ia 1llcir Wiall, fna U. S. Tawpualllicw 5mmry Siar, about die DRCOG application for c.oloaldo for die .-aaaiel dlll we waalllll ID -for tllc Ciadenlla Cily pmjcct. We arc ooc of 49 finalilll b S27 million-* of,... lllll wiD dlalc about S20 aiUioo awilablc. Mayor Bums Slalcd dlll wlaal be al Gary Seas at widt FTA--. 'lllllblitillc week tberc -600 applic:llions for dlis ~-We -rold by R11>, lie llid, dlll----. widt lllml .-w:ry well ... dlal there will be a further all clown on this. but we wiD now lUbmit ..,._. applic:Mioa to diem. He said be tlliab wc miglil bavc a raaon to aamd a c:ouplc of clays of NLC or 1181 al dlll time al lllft ..,._ meeting with FT A. For two-· Number-._.. we are 1181 IDapply ... • a ftalill,-. ma1111crtwo, it wiD be riglil bcforc our meeting with R11>'1 IIGlrd and if there ae my avinp in tbcir badFl thll wc can use for the Cindcrdla City projcdl, • wc cli-=--l lmlipl lllll we._. IO, dlll lie....._. FT A 1111 to appnwe that, as well • die R11> bolnt. So, lie .-a. ii -.Id be w:ry udul to .,_ to than about and then make the lllll)CllnllCC bcforc R11> al let dlml ~ dlll we llad jult visited. Council Member Bnllllbaw said that lbc dlougbt ii -.Id be real UllpRlliw if all four of them showed up at the l8IIIC time . Council CCIIICUffl4 Cily Ma-,cr Scan aid be -.Id dcfiucly want to coordinate and that is dcfinitcly wlaat be would --to do. ' ' •· • 0 , 1 i ii !f i ttf Ji i l'lfi f'li i f)I[ If (i !1llfif !ff '1 i I -gr I !f J1 I tlrf 1[11 I hJ.1 . r JI ~j;i,h J l f fl r ' 1E ,-11 r i:1 E 1,1 11 r r.,~Jll i 9 f I' ,l ! IJ it I jJ[!t i11I I 1111 Ii ii lllill i I l I I I I l 1,11· i I l '[II i w •lt• Ii! I I 1r tr I i~·-i I''' I}'·' "i 11 1!111 I ft ! i ii rl l JJr) rr, I fr i I; l}jH• s I l' J •• l'r ~ 11,1 I ~r J • 5 r .· lg I r J I u I •1 •[ 11 .. t I J·i : I JI r,.,,. r 11 Ir ii 'I I i!iit !ilj J ~1~1 l 11 e~1J;1 I,. i l 1! f •1!11 f!}, 1~1. I 11 tl 11!J / t i [i • f JJ I JI f If}! fftl I J. •1! ii l a· l •· if · I a I a f l f .f f I 11 ii ti ~ !iJI ~11! 1111 : I ifl11J 1 f • • • i .,i irra I f • a l·l'i! , r I i I -ut' r PJ u. . ! : ,1, ! ; ~ i ! J 1 1 i r I l ifs j z i 1 1r ; ! d' I cg a· J ( i f :· Ii ... If f °" @ §: ;: ., " . • \ . ...... ) ) 0 • r I . . ~ ·, .. I • . E..._... Cily C-U J--,11.1"' ..... • 0 • I • Dim:tor Simpaln said with a saller lile, .,....U, 1,000 ID 10,000, we prubably bave ..-,e for them. City Ma-,cr Sean allbd if die c:-:il -my widt dmi parming Whole Foods or Wild Oats. Council iDdicalcd they -okay with dlll. Mayor Bans'* die ...-foallge is a real imlc. Council Mania a...... aid* felt we caald bep -aptioal apen if we wanted to on that 13 . Cily M rr'1 llepert (a) City M--,er Scan dllllbd Bab SiJ111111111 b paaiag IDplber the informalion packet they !oak ID W ...... He said Diranr !impmD ... ._. doiltla O! ....... job md rally led us to paiDg dlll .... ad lf:llill ..,.,_iow dill way. He llid bejull wam,,d to, number one, say thanks, and IICICOlldly, say IO Mr. Suaploa dlll it ii i.:lt ID llim apiD IO do the next plllle here. (b) City Ma-,cr Scan lie llid lie......,_ of the ..... Council mipt be inlcrated in, • -IR loakillg ..... pn,pcny with Hipladl Rada, ii a tour of lhll lile out there . If the Council would lie Ultcnllcd, lie thaupl lie would Kt up a time for a tour ill the next couple of Meb. Because, he noud, • Ibis thiDg lleall up it will be a lildc a,mplic:Pfed to loc* II on a map. AIJ aftanoon., ll say 3 :00 p.m., they could actullly ID out there 111d take a lea II it So if c:ou.:il -ill agreemenl, be said, lie would let.._. know 111d -if lie could -up a time . C.ouacil agreed. Mayor Bumi aid lie would lib a Illar of die War 'I'nlllaml .... -af dlelc clays• it would be kind of Ulleftllling to loc* II all of thll CO!lllnlctiaa out dlae. City ....... Sein ....... they nmy be able to ClOlllbiae the tours. (c) City Maaapr Scan acllDd • oac ofdle iaa ea-:il ._ pen llafl'ill the pat, ClpCCially frum Am NIMolz. Alex Hallcaic:lll ad Tom B11n1. ii ca die Y2K pnilllan. He advilell they awe lad a lot al clilcuaiO!w, 1118'-wile, we'w llall--we -aM91 abml O!l 11111. With wllll we are faced widl lie._ lllbd die Dqww Heidi, ad Fnak Gryglcwicz will bead Ibis up, along with Cllril Diebold, ID Rlally ID ....... ia dellil wllere we are widl Y2K. Mr. Sein poaed out thM there 1R -CIIIICCllll ... llaaic lipll, -ilyllCal, al dime odlCI' llillpaad llllac:ill syllellll ... ID the llafl' ii pullillg thM ........ riall -· So, lie llid, dley will pc~ a 6111 nipad O!l Ibis by May or JWIC 15 to cxacdy wllere we ae, ID mire me dlll by die .. ofdlcyar wen.....,... al we don't~ any glitdlel. So Frat Ol)glewicz ii .-SID be ...... dlll IP, alallg widl Cllril Diebold, llld, lie said, he lmows we aw de.ea lot ofpiaad ..t. N we...S IDbe 11111-.-1-y I, thMC\Uything aper-. die bell ii ca. He llid dley will -lladt ID c:-:il ca dlll. Council Meabel' w...-........... _ ofdle prablcm or not h IIRII ca't CMll lell you if they ~ I City Ma-,cr Sein llllal there an, -aaioal dlilp IO loc* II, eapecially • we devdop the WIiia syllem with aD die -lecllnology 1h11 is there . Mayor Burm DOied tbll it iln't only the City, of coune. ii ii wllo you are clcaliDg with on the outlidc. City Ma-,cr Scan said Council Member w...-was riglll al lie-not ue if we will~ the aopbl•ic:llion thM NASA docl, in tenm of wllere we 111, bul lie lhoapt dill we wd ID rally take a lea 11 aD of our sylleml. (d) City Ma-,ir Sean aid be waled to II)' thanks to IUck ~ ........... b the wort they did CMil' die MCUlld. He oonvnenled dlll Wlldwla die ..... km. lie .... ii -really clone finl rare . He Did be knows there --llllilCI IIUlllld die Cily w11ca die,.._. lot _ down ' •. ... •· • 0 ' • I • • 0 • • i~~ i ~ i ~ 1 Hi . ; f t 1a I 111 . ; I .. ,E ~ a t t,,r I !!1 ~ ~ I ~11 . I I t I 1 1 Ir . I i ,, r • f. : f ~ : J I : •. , : . . l . t f {. • I 11 i 1 1 . j u =11 I J If ;;· • lj;i Iii Ii lt[ i !If !If li~f 'If fts ilr£ i !JJ ! 1f1 flt ti, 1111 J !!i 11 Iii ;r1 !If 1,1f 1 ~•1 tJt 11t ,~, ~IJr ~ iJJ i•1l 1· I 11' (,1.1' ! i;. I s Ii fl . I I 11• ti . t1 str ·iFJ f .Ir [ii l 111 iii 1!1 J !1! II, 111 ,,E 1~i 111 It t !I If .-. s i I rt I j I I; f1i ,,~ 11 . 1, · r9 ,Ji rlj 11 r . ff SI f f ·1 1 ( • Its t~ r! Is l f 'J ~11 18 r:i . ~f 11 1 a J' , i· r t ; ti t J s .f ' ~ ii . i ~ I ~ ,~ •1: ,, :, , I r I . • 7 ~: .... . • -• • . . .. • • • 0 ' , • - • 1. 2. 3 . 4. 5 . a,,,1,-0 6. • • t~ • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JANUARY 18, 1999 7:30 P .M. Call to order. rJ: 5fR ~ Invocation. /)~ PledgeofAllegiance. ~~J~ f.A Roll Call . ft;~ Minutes. a. Minutes from the Regular City Council meeting of January 4, 1999. ~ Scheduled Visitors. (Please limit your presentation to ten minutes.) a . Parks and Recreation Director Jerrell Black will present a plaque given to the City of Englewood for its contributions to Western Welcome Week. 7. Non-Scheduled Visitors. (Please limit your presentation to five minutes.) .,Jr' 8. Communications, Proclamations, and Appointments. ~d.~ A resolution appointing Julie Grazulis as City Council representative for District Ill~·, -,-, --t:} ·, b . The new City Council District Ill representative will be sworn in by the Honorable 9. Judge Vincent Atencio . c. Brief Reception. ~ ~:()r:, ~ ·~ r:kJ Public Hearing. (None scheduled) ,,..._ ff PINN nole: If you have• cllublllty and nNd ~ alda or wvlcea, pllMe nallfy Ille Clly ol 11 ... •ood (303-712-2405) at ..... 48 houn In advanoe 0/l whM _,,... .. neadecl. ThMk ,au. ' ---- .. •· • 0 - • Englewood City Council Agenda January 18, 1999 Page2 10. Consent Agenda . '· • • • a . Approval of Ordinances on First Reading . ·,&' appd'J-D ~~7t/nSecondRead~./r,· iit-i}j A,,., ~ ~ ~ i. Council Bill No. 1, ap~cense AgnJment with Advanced Storage • {/ t,u T .!:> LLC for crossing the City Ditch . O?J-1-4 ii. ~,6 iii. Council Bill No. 2, approving Valley Supplement #21 . Council Bill No. 3, approving an Intergovernmental Agreement for Joint Funding between the City of Englewood and the U.S. Geological Survey for two Gauging Stations. c . Resolutions and Motions.~ . JJ.vJ '7-0 I.MAJ,,.,;~~ Al >tu J-1,() ~ -/0 e, I 7r ' 'uvvi.v~rrimeri'damsiffrom thTmepartment of Financial Services to adopt a f). • resolution approving a supplemental appropriation to the 1999 Budget for ~~ Conservation Trust Fund projects. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. 11 . Regular Agenda . a . Approval of Ordinances on First Reading . Recommendation from the Utilities Department to adopt a bill for an ordinance approving a Temporary Construction Easement to the Highlands =.. Me~ SOURCE: SIMnrt H. Fonda, Dlrectar of b . Approval of Ordinances on Second Reading. y c . Resolutions and Motions. ff 12. General Discussion . a . Mayor's Choice. b . Council Members' Choice . 13. City Manager's Report. a. Englewood Center Update . PINN nole: If yau haw a 1111 •IIMV and naed audlary alda ar ....._ ....... nollfy .. City ol lfnlllaoad (303-712-2405) at INat 41 houra In advance ol when..,,... .. ........_ T1lalk ,au. .. • • 0 I -• • • . . Englewood City Council Agenda January 18, 1999 .Page3 14. City Attorney's Report. The following minutes were transmitted to City Council between 12/31/98-1/14/99: • Englewood Clean, Green and Proud Commission meeting of November 10, 1998 • Englewood Cultural Arts Commission meeting of December 2, 1998 • Englewood Firefighters Pension Board meeting of April 9, 1998 • Englewood Firefighters Pension Board meeting of July 9, 1998 • Englewood Liquor Licensing Authority meeting of December 12, 1998 • Englewood Liquor Licensing telephone poll of December 16, 1998 • Englewood Non-Emergency Pension Board meeting of July 14, 1998 • Englewood Non-Emergency Pension Board meeting of September 24, 1998 • Englewood Parks and Recreation Commission meeting of November 12, 1998 • Englewood Planning and Zoning Commission meeting of November 3, 1998 • Englewood Public Library Board meeting of December 8, 1998 ,..... nae.: I you haw a 1 hlltJ 11111 MNI....., alda • •.ta11, pllW nally .. ca, fll .......... (JOS-7U-MOI) ............................................ T'-*you. ' • • • 0 I • • 1. 2. 3. 4 . 5. a,t4t,-o 6. • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JANUARY 18, 1999 7:30 P.M. Call to order. 'J: 'ii,!'-- Invocation. !}~ PledgeofAllegiance. ~~J~ I/~ RollCall. {p~ Minutes. a. Minutes from the Regular City Council meeting of January 4, 1999. ~ Scheduled Visitors. (Please limit your presentation to ten minutes.) a . Parks and Recreation Director Jerrell Black will present a plaque given to the City of Englewood for its contributions to Western Welcome Week . 7 . Non-Scheduled Visitors . (Please limit your presentation to five minutes.) .,,Er 8. Communications , Proclamations, and Appointments . ,. - /},uJ:Jl:-f ,.~~ -(}° resolution appointing Julie Grazulis as City Counci l representative for District Ill~ 7r b. The new City Council District Ill representative will be sworn in by the Honorable 9. Judge Vincent Atencio . c . Brief Reception. ~ 8:1>'5 ~ -~ f:k) Public Hearing. (None scheduled) ,,.._ % ,--nole: I Voll haw a 41 tllty and need audlary alda ar ...... ,.._ nalfy .. Clly ot 11: .... aoad (303-712-2405) at INat 41 houra In advance ot whan ..._ .. medad. 111mk ,OU. • • .... .. •· • 0 - Englewood City Council Agenda Janusy 18, 1999 Page2 10. Consent Agenda. • • ... a. Approval of Ordinances on First Reading. ap,1'7-o ~~-~-lri" iit-i/.i A.I\ ~ _,,_ ? i . Council Bill No. 1, ~ Ag~ent with Advanced Storage v J,fJ ~ ~ LLC for crossing the City Ditch. b?J/ t./ ii . Council Bill No. 2 , approving Valley Supplement #21. ~IG m. Council Bill No . 3, approving an Intergovernmental Agreement for Joint Funding between the City of Englewood and the U.S . Geological Survey for two Gauging Stations. c . Resolutions and Motions. ,,Jr . J1,y,J 'J-0 I.IA /JJ,,., ~, J-Al A-tu J -I,() ~ _ /() e, I 7r ' I IANi.V~ommenda~rom thTl!epartment of Financial Services to adopt a • {). • resolution approving a supplemental appropriation to the 1999 Budget for ~~ Conservation Trust Fund projects. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Servlcn. 11 . Regular Agenda. a. Approval of Ordinances on First Reading. i. Recommendation from the Utilities Department to adopt a bill for an ordinance approving a Temporary Construction Easement to the Highlands Ranch MeV,<t District .• STAFF SOURCE: SINart H. Fonda. DINCtor of Utllllln.~ b . Approval of Ordinances on Second Reading . JY c . Resolutions and Motions. ff 12. General Discussion . a . Mayor's Choice . b . Council Members' Choice. 13. City Manager's Report. a. Englewood Center Update. PINN nall: I you haV9 a dl11ta, and nNd audlary alda or• .-ti:11, ....... nalllr .. ca, fll ......... (30S-712-240I) at INet 41 holn In..._ ol when..,,_. .. ......_ 'I-* ,au. • . .. I • • 0 - -, •, • • • , EnglewOOd City Counc1 Age,ICfa .IM&ay11.1111 Page3 14. City Altomey's Report The !allowing minutes were transmitted to City Council between 12/31198-1/14199: • EngleWOQd Clean, Green and Proud Commission meeting of November 10, 1998 • EngleWOQd Cuba! Arts Conwnisaion meeting of December 2, 1998 • EngleWOQd F~tws Penaion Board meeting of April 9, 1998 • EngleWOQd Fnfigt,btra Pension Board meeting of July 9, 1998 • EngleWOQd Uquor Licenlliug Authority meeting of December 12, 1998 • EngleWOQd Liquor Licensing telephone poll of December 16, 1998 • EngleWOQd Non-~ Pension Board meeting of July 14, 1998 • EngleWOQd Non-Erne,gency p._,,.. Board meeting of September 24, 1998 • EngleWOQd Parks and Recntation Commission meeting of November 12, 1998 • EngleWOQd ~ and Zoning Commission meeting of November 3, 1998 • Englewood Public Li>rary Board meeting of December 8, 1998 • .......... : ·~ ..... « , .................... ,1; ......... ..., .. _.,._ .... C-.111-Hll)a11aaat41 ...... ...__o1 __ ..,...... ____ ..... ,... · . •. .. • • 0 , 'l?Y I - r 1. 2 . 3. 4. 5. • 0 ,~ • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JANUARY 18, 1999 7 :30 P.M . Call to order. fJ: 5(, ~ Invocation. /)~ PledgeofAllegiance . ~~J~ 1/,A. Roll Call. (I}~ Minutes . a,,,d /,-O a . Minutes from the Regular City Council meeting of January 4, 1999. ~ 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) a . Parks and Recreation Director Jerrell Black will present a plaque given to the City of Englewood for its contributions to Western Welcome Week. 7 . Non-Scheduled VISitors. (Please limit your presentation to five minutes.) fl" 8. Communications, Proclamations, and Appointments . ~1 Ahlli8!,. -rJ resolution appointing Julie Grazulis as City Council representative for District Ill~ 7r b. The new City Council District Ill representative will be sworn in by the Honorable 9. Judge Vincent Atencio. c . Brief Reception. ~ [:/)5' ~ -~ ~:I.() Public Hearing. (None scheduled) '/"*- ff Plwe nale: I ,all haV9 • c1ub11tJ and Med.....,.._ or •rla1a. plaw nalry .. ca, ol lngl1aood (303-712-MII) ....... holn In .......................... ,....,... • ...... •· • 0 I - Englewood City Council Agenda .--y 18, 1919 Page2 10. Consent Agenda. • • '· a. Approval of Ordinances on First Reading. ap,i'l-o ~~-~·6-,· iit-ii.i ~ ~ ~ ~ i. Council Bi0 No . 1, ~ Ag~ with Advanced Storage f/ "" ::tr' .::, LLC for crossing the City Ditch . b?J-:JI. t./ ii . Council Bill No . 2, approving Valley Supplement #21 . NIG m. Council Bill No. 3, approving an lntergovemmental Agreement for Joint Funding between the City of Englewood and the U.S. Geological Survey for two Gauging Stations. c. Resolutions and Motions.~ . J jyJ '1-0 /,J,f AJ,,. , ; , '-..Ill A-11.J J -1,(J b:XJ1H>L /() e, 1 ...,,-, 'uvvi.v ~orrimenda~rom thl'"lhpartment of Financial Services to adopt a • (). ,, resolution approving a supplemental appropriation to the 1999 Budget for ~~ Conservation Trust Fund projects. STAFF SOURCE: Frank Gryglewlcz, Dlt"Ktor of Financial Services. 11 . Regular Agenda. a . Approval of Ordinances on First Reading . Recommendation from the Utilities Department to adopt a bill for an ordinance approving a Temporary Construction Easement to the Highlands Ranch Me~ ... District ... STAFF SOURCE: Stawart H. Fonda, Dnctar of UtllltiN.~ b . Approval of Ordinances on Second Reading . JY' c . Resolutions and Motions. Rf' 12. General Discussion . a . Mayor's Choice. b . Council Members' Choice . 13. City Manager's Report. a . Englewood Center Update . ..... nalr. • ,., haw. • ,,,, ........ audlary ...................... ca,.,.... .. . paa.1D-MOl)allNat41110Unln ...... .,, .................. ,....,... .. .. .. • • - -' • ,. • <. 14. City Attorney's Report. The following minutes were transmitted to City Council between 12/31/98-1/14199: • Englewood Clean, Green and Proud Commission meeting of November 10, 1998 • Englewood C&AlraJ Arts Commisaion meeting of December 2, 1998 • Englewood Firefighters p.,.;o,, Board meeting of April 9, 1998 • Englewood Firefighters Pension Board meeting of July 9, 1998 • Englewood Liquor Liceneing Authority meeting of December 12, 1998 • Englewood Liquor Licensing te,ephone pol of December 16, 1998 • Englewood Non-Emergency p__,,, Board meeting of July 14, 1998 • Englewood Non-Emergency p__,,, Board meeting of September 24, 1998 • Englewood Parks and Recreation Commission meeting of November 12, 1998 • Englewood Planning and Zoning Commission meeting of November 3, 1998 • Englewood Public Library Board meeting of December 8, 1998 • ,.._111111: ,,_.._. C 2 .. ~---9 tallll••ata11 ..... ..atr .. Clrflll-UNI ~JD.NII).,.... ...... ,..•• L II.,, .................... 1'2111*,-. . , •. .. • • 0 , ,,,, VI - • • • , . • ENGLEWOOD CITY COUNCO.. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO J-,, ,, .,,, 1. Call to Or*r The regular meeting of the Englewood Cily Council was c:alled to order by Mayor Bums al 7:33 p. m. 2. lavOCldioa The invocation was given by Council Member Nabbolz. 3. The Pledg,e of Allegiaace -led by Mayor Bums. 4. Ml Call Ablenl: Council Members Nabbolz, Gama, Biadlbaw, Habenicm_ Waggoner, Bums None A quorum was praml. Mayor Bwns said -baYC a ICWlllh milling• you may all mow. Council Member Laurie Clapp bas been dected to the Colorado Hallle of~ and Ill* .. raiped from Council and -will be replacing her in may by the Couacil voce. So we aw six members of lbe Council al Ibis meeting. Also praclll: Cily Ma-,s Seas Cily Aaanlcy 8raczmaD Cily Clat Ellis ~ Ory Aaanlcy Rad DircclOr Ealaa, 8-R-.::a 5 . M..aa (a) COUNCO.. MDIBER allADSIIAW MOVED, AJlfD rr WAS SECONDED, TO APPROVE THE MINUTES or TBE REGULAR MUTING or DECDmER 21, .,,.. Ayes : Council Members Nabbolz, Gama, Biadlbaw, Habenicm_ Wagoacr, Bums Nays : Nolle 6 . Scltr•led Vilit8n There were DO ICbeduled visitlln. 7 . (a) Mdim Mape, 5776 South Lowell Way, Ualcloa, Coloado, lllled llbc was beR tonight to pn:IClll to Council a cue tbal's been brougle lbout when she and her hulblnd recendy purchased land .. •· • - • • Engnood City Council January 4, 1999 Page 2 • • • in the City of Englewood and put a manufactured home on it Everything was done properly, she maintained, and they had the pcnnits issued Slating it was a manufactw'CCI or modular home and recently they received a notice saying that they had to remove the SUUClUl'e because it was an illegal structure and classified as a mobile home. Ms. Magee Slaled they have all the a,pics of the permits stating it's a modular home and pic:tw"CS that she wanted to prcscn1 to Council Ms. Magee approached the dais and passed them around. She said it was hooked up to all the utilities 111d that it -passed by the City of Englewood. She also showed Council a pcnnit for a modular home from the City of Englewood. She explained that they arc staling it was a mobile home because it was a HUD built home and not built to UBC standards and in 1982 the amendment to HUD manufacturing housing program changed. She said she has seven copies right here and also another copy of the permit Slating it's a modular home. And there arc more pcnnits, she said, from the City of Englewood where it stalCS it as a modular manufadurcd home 111d then papers from the loan that they signed to buy the manufactwed home. Ms . Magee said that there was one thing she did not have a copy of and that was the definition of a manufactured home. Mayor Burns thanked Ms. Magee and DOied they would pass the information around to the Council members. Mayor Bums asked if they were in an administrative process right now ... that they have a pcnnit for a modular home and the City is saying what you built was a mobile home. Ms. Magee said that the City said they built a mobile home after they issued a pcnnit staling it was a modular home. In response to Council Member Nabholz, Ms. Magee advised that the City is now requesting that it be moved off the property. Council Member Nabholz asked when this was done. Ms. Magee produced another document to show the Council. Council Member Habenicht asked what the address was. Ms. Magee stated that it is IOI West Layton. City Manager Scars advised it is not zoned for a mobile home. That. as be Wldcrstands it, manufactured homes arc allowed. He ubd if they arc going before the Board of Adjustmcol and Appeals . Ms. Magee said they have a bearing set for February 10th before thc Board al Adjullmcnt and Appeals. Council Member Bradshaw ubd if lhll is to ~ a variaaCle . Council Member Waggoner said that was not IOllldbing we can act on tonighl anyway. Mayor Burns said he dido 't lhink thal would ~-er come to the City Council . City Attorney Brotzman said no that would be with the Board. Mayor Bums agreed that it would be with thc Board and then if there was an adverse decision there it could go to District Court. It's not a maacr lhll would ever come before the Council. Mayor Burns explained to Ms . Magee that the legal SlnlC1Urc is that if it goes to the Board of Adjustment and if you have an adverse decision there. she would have to go to court. But, wc appreciate you bringing this infonnation to us. he said. Council Member Waggoner said that there would be a difference between whether she goes to the Board of Adjustmcnl and Appeals for a variance if it's within our Code to build that structure at that location. He said it sounds like there 's a question on whctbcr it's a modular home or a mobile home. Mayor Burns said that seemed to be the question. Council Member Waggoner said wc ought to tum it over to our City Manager and let him take a lom imo thc process. Council Member Bradshaw asked thc City Manager if be was aware of this. City Manager Scars said he was aware they were given notice and be knew they were in the proa:ss in terms of going through an appeal process . Council Member Garrett said if it was a modular home she wouldn't need a variance . Mayor Bums said if it was a uuc modular home you wouldn't need a variaaCle . City AIIDmey Brotzman added thcrc arc two proc:eacs to the Board of A4jultmcnt and Appeals, one is a variance, the ocher OIIC is DOC a variance, it' S .. appeal al the buildiag CiOde adminislnton decision. That 's - .; •· • 0 • • Englewood City Cooncil January 4, 1999 Pagel • 0 ,. - the appeal ponion of the Board of Adjustment and Appeals. so that would be proper for that Board 10 look at Council Member Nabholz asked if we, as a City, issued permits for the structure to be put there and then now we have said that is not allowed. Mayor Bums said we issued a permit for a modular structure and the question is what was built Ms . Nabholz said okay. City Manager Sears said there is a difference between what a mobile home is and what a modular home is and be thought that the Building Dcpanment may have, perhaps in error, given the permit thinking it was a modular home, when in fact when it was built by the specifications it ended up to be a mobile home. He opined there is a fine distinction between those two. But, be said, once that was issued. and even though that was an error because it's DOI allowed in that zone district, they could DOI just say we issued it in error so you can Slay at that place. They bad to comply with what the Code calls out and then go through a process to appeal that decision to allow a variance to occur or DOI. But, Council Member Bradshaw said, if it's our staff's error. City Manager Sears responded that if it 's our staff's error but it's still wrong, our staff doesn't have the ability to go outside the Code. The problem is there is a fine definition between what a modular and a manufactured house is. Mayor Bums said there are other issues that can come up also on this, legal issues that are equitable in nature that might bear on this too. Council Member Habenicht asked that the Council be kept informed. City Manager Sears said that yes he would do that . Council Member Bradshaw advised Ms . Magee that Council will remand this to City Manager Scars and he 'II keep them informed of what goes on. She thanked Ms. Magee for her time. Council then asked Ms. Magee if she wmed her materials back. She took everything she did not have copies of. Again, Council thanked her and wished her good luck. (b) Yutaka Magee, 5776 South Lowell Way, Litlleton, staled be is Melissa's husband and they purcbascd the home through Oakwood Hemes and buically had all of the permits okayed. He said they were supposed to move in a week before Cbrilbnas. A week before that the zoning inspector, Charlie Petty, called him up on a Friday aftcmooa after be got home from wort 111d basically be was very rude and said that be had to remove the housc from the property wbicb be had purcbued from bis Grandma. Before the house was put in, Mr. Magee explained. it was a yard and it was gelling 10 be too much up-keep for bis Grandma. so be purchued the land from her. He Slared this Im been really suasful. He said Mr. Petty is calling it a mobile home. Mr. Magee commented that bis own definition of a mobile home is something that can be easily removed off of the property, off the land. This had a foundauoo put in just like a regular house and when the house is brought in it 's brought in on two Oat bed trucks so it never was on wheels, it was assembled. The two pieces were assembled and it's been aaachcd. It 's been welded and bolted down onto the foundation and the oexl day they got a leacr from Mr. Petty saying that ii had to be removed in 30 days or they would remove it at our cxpcose . Mr. Map said that if they were to do that it would not only ruin the house, but it would bun a lot of people too ... his family, his daughter ... bccausc he is trying to provide her with a 5lable home for my family and myself. Mayor Bums asked if Mr . Magee bad all of bis plans and specifications submined to the City at the time the permit was issued. Mr. Magee said yes, he had blueprints of the house drawn up from the contractor and they were submilted, landscaping blueprinls II well. Mayor Bums said as they told his wife, Council is ukiog the City Manager 10 follow up on this and see where this is aL That even though, leplly, this may not come before the Council. they would like 10 review the process and just sec what staff was doing here and what the process was . We could perhaps, he ., I· • • • • Englewood City Council January 4, 1999 Page4 • 0 • said. help them out in the Board of Adjustment area with at least some staff decision making here as to how this should be handled. Mayor Bums thanked Mr. Magee. City Manager Sears said that we 'll follow up. He hasn't been completely on lop ofil, he noted, he just knows that then: were some actions that were taken by both NBD and by Lance Smith. He acknowledged that, obviously, these people were affected. He said he was sorry that we didn't maybe do the follow-up on it. I'll do a follow up to the council and let you know. he advised. Mayor Bums said tbal manufactured housing has become much more acceptable and has changed in definition and terms in the past several years. The Housing AUlhority has built a couple of homes over on Pennsylvania where you put two pieces of the house together. They came in on trucks but they're two story homes that look like they 've been there for twenty years and very nice looking homes. They are not anything like a mobile home but you can do that kind of housing, build it off site, bring it in and boll it together. City Manager Sears said that he widerstood that that's what is permitted therc ... manufacturing housing. But that he understood that mobile homes were not. Council Member Ganctt said the definition of mobile home ... it could be any home. He noted it says with or without a foundation. Council Member Habenicht wondered if there has been any concern by the neighborhood. City Manager Sears said he could not answer that. Mayor Bums said he thinks it is an issue of affordable housing too. Council Member Bradshaw said that it's one block off of Broadway, it's between Acoma and Broadway. City Manager Sears said the only thing he knows is that in that zone a mobile home is not permitted and that is what the issue was . Bui., he said. in terms of the process of bow that came together ... he can 't answer that question. Mr. Waggoner said the issue seems like whether it's a modular or a mobile home. Mayor Bums agreed. Council Member Bradshaw advised Mr. Magee Council would look into il She thanked Mr. Magee for his time and said that she was sorry about his Christmas, that that made her sad. (c) Vern Pishna, 3 IS8 West Fanndale Road. Sheridan, stated that he was a former member of the Sheridan City Council and they have been through this in Sheridan too. The home is a modular home. he said, and everything she has presented to Council will show that the description of the modular verses a mobile is quite differenl A mobile home is not attached lo a foundation. We went through this in Sheridan, he noted, and found that there 's no way we could stop a modular home ftom coming in on a foundation. that it didn't make sense to, because it's a nice suuctme, it's a very well built home. We went to the trouble of having a master electrician. master plumber cbcck the building structure out. They said it exceeds all standards of the Uniform Building Code, which he was sure Englewood acceptS the same as Sheridan did. Mr. Pishna staled he really docsn 't see why this should go lo the Board of Adjustment and Appeals, it didn't in Sheridan. We just went ahead and said, well, this is not a mobile home, it is a modular and we allowed the people to put it in. He stated he really doesn't understand what's happened here, bow they got the permits issued ahead of time, got the home set and then all of a sudden somebody decided it was a mobile home. In Sheridan that didn't happen. Mr. Pishna advised that the Sheridan building inspector says, well , it 's a mobile home because we had some antiquaacd ordinances that in our ordinances quite honestly it was , so our building inspector was correct. When we really got 10 checking into i1., he said. the stale didn 't agree with us and it was not true that it was a mobile home, it was a modular. Mr. -• .,, - ... I· • 0 f 2 • Eackwood City Council January 4, 1999 Paces • • I• • Pishna opined that it is a vcry nice structure. it's an addition to the community and he advised Mayor Bums and Council Member Habenicht that thal 's what you've got here. Mayor Burns said the City Manager's going to check it out and as they said this docsn 't come before the Council for decision. Mr. Pishna said he was sure Gary Sears was not aware of exactly what all was going on lhcrc or hasn't bad a cbaace to look at ii and be sbould be allowed that oppornmity. He aated be lnlllCld that Council will make a good clecisioa here wbea Ibey have the proper knowledge as to whit's going on and what they've got lhcrc . Mr. Pisbna said be rcally lrUSIS that Ibey will give tbac kids a place to live and be happy with the SIJ\lclUl'C they put in your community. He thanked Council. Mayor Bums thaaked Mr. Pisbna for coming. (d) Dorothy Andrews, 4791 South Acoma Street, advised that she lives just north of the modular home and thal she owns the two lots that it was put on. It's all ready to be for Melissa and Yulaka Magee to 11111\/C in, she advised. 111c sewer is in, the water, the electricity is all ready for them to occupy it. She Slated that she deeded the two lots over to her daughter and grandson so Y utaka Magee could have a place to live because they' re kind of in a bind right now and she thought this would help them out She said she dida 't think lhcre would be any problem. She presemcd a aJllple of pictures to Council lo show what is across the street from us ... an old chicken house and a boanlcd up house. Therefore, she noted, she dido 't think lhcrc was going to be any problem at all. This bas gone oa all summer long up until now and it's getting too much for all of us, she said. Ms. Andrews Slated that she is a&aid, with all of this going on, that she is on the verge of a breakdown and that's all lhcrc is to it ... this bas been too much. Mayor Bums Slated that Council UDdcrstands that this has been sttessfial . Ms. Andrews said she is trying to help somebody out and that she raised Y utaka Magee until be was five years old so that's why she feels partial to him. Mayor Burns thanked her for showing the piclma and coming. 8. c--allicadNl,PradaaadGal ud ~ (a) A letter from Susan Van Dyke indicaling her resignation from the Clean, Green and Proud/Keep Englewood BeauillW Commission was cxmidered. COUNCIL MEMBER NABBOLZ MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET THE RESIGNATION OF SUSAN VAN DYKE FROM THE CLEAN, GREEN AND PROUD/KEEP ENGLEWOOD BEAIJTDl'UL COMMISSION. Council Member Nabbolz offered a big thank you for all of her years on the Conunission. Mayor Burns agreed absolutely . He noted she is relocaling to Castle Rock and that's a big loss for the community and we really appreciate all of the work that Susan Van Dyke bas done. She's a fonner Mayor of the City and just put in enormous amount of wort for this City over the years and we are very sony 10 see her go, be said. Vote raaltl: Ayes : Nays: Motion carried. 9. hbllc Beari•& Council Members Nabbolz, Gama, Bllldlbaw, Habenicb1. Wagoner, Burns None No public bearing was scheduled before Council. ..... /I - .. 0 •· • 0 '32 x l - • • • 0 /~ • Englewood City Council January.&, 1999 Page6 10 . Coa1e11t Agenda (a) Approval of Ordinances on First Reading COUNCll.. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (l), (ii) ud (W) ON FIRST READING . (i) COUNCll. BILL NO. 2, INTRODUCED BY COUNCll. MEMBER BRADSHAW A Bll.L FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 21 TO 1HE VALLEY SANITATION DISTRICT CONNECI'OR'S AGREEMENT WTllf 1HE CITY OF ENGLEWOOD TO INCLUDE ADDmONAL LAND wrI1UN 1HE DISTRICT BOUNDARIES. (ii) COUNCll. BILL NO . I, INTRODUCED BY COUNCll. MEMBER BRADSHAW A Bll.L FOR AN ORDINANCE AU1lf0RIZING A "LICENSE AGREEMENT" BETWEEN ADVANCED STORAGE LLC AND 1HE CITY OF ENGLEWOOD. COLORADO FOR CROSSING 1HE CITY DITCH AT 500 I SOU1li WINDERMERE STREET. (iii) COUNCll. BILL NO . 3, INTRODUCED BY COUNCll. MEMBER BRADSHAW A Bll.L FOR AN ORDINANCE AU1lf0RIZING AN INTEROOVERNMENT AL AGREEMENT ENTITLED "U .S. DEPARTMENT OF INTERIOR U.S. GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT FOR WATER RESOURCES INVESTIGATIONS ." Motion canicd. Ayes: Council Members Nabbolz. Gama, Biadlhaw. Habenicht, Waggoner, Bums Nays : None (b) Approval o{ Ordinances OD Socoad R.eldillg COUNCll.. MEMIIER WAGGONER MOVED, AND IT WAS SI.CONDIED, TO APPROVE CONSENT AGENDA ITEM 10 (It) (i) ON SECOND READING. (i) ORDINANCE NO . I, SERIES OF 1998/1999 (COUNCll. Bll.L NO . 81 , INTRODUCED BY COUNCll. MEMBER WAGGONER) AN ORDINANCE AU1li0RIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN TIIE CITY OF ENGLEWOOD , COLORADO AND ENGLEWOOD PUBLIC SCHOOLS WHEREBY ENGLEWOOD Wll.L HOST 1HE ENGLEWOOD PUBLIC SCHOOLS WEB SITE. Votereadta: Ayes : Nays : Motion carried . Council Mcmbcn Nabholz, Gam:tt, Bradshaw, Habenicht, Waggoner, Bums None ( c) Resolutions and Motions •• ,, ~ • . ' .. •· • 0 • Englewood City Council January 4, 1999 Page7 • 0 • COUNCll.. MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (i) and (ii). (i) RESOLtmON NO . I. SERIES OF 1999 A RES0Ltm0N DESIGNATING TiiE BULLETIN BOARD IN 1llE LOBBY OF ENGLEWOOD CITY HALL AS TiiE OFFICIAL POSTING PLACE FOR ALL NOTICES OF 1llE CITY OF ENGLEWOOD . (ii) RES0Ltm0N NO. 2, SERIES OF 1999 A RESOLtmON ADOPTING A LIST OF PERSONS FOR APPOINTMENT AS HEARING OFFICERS FOR DISCIPLINARY GRIEVANCES. Votereaalb: Ayes : Council Members Nabholz, Garntt, Bradshaw, Habenicht, Waggoner, Bums Nays : None Motion carried. 11 . Rqular AF9da (a) Approval of Ordinances OD First Rcadi.ag There were no additional items submitted for approval oa fint reading. (Sec Agenda Item IO -Consent Agenda) (b) Approval of Ordinances on Second Reading (i) Council Bill No. 82, approving an lnta'gOYCmlllCIII Ag,ccmcnt with the City of Sheridan for Englewood to provide in-kind contributions for the renovation of the Oxford Bridge was considered. Council Member Bradshaw staled tbal wc need to proceed with this bill even in light of some recent events with our siaer city Sheridan and to show that wc act in good faith. I think this will benefit our citizens who USC the golf course . COUNCll.. MEMBER BRADSIIA W MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (II) (I) -COUNCll.. BILL NO. 12. Mayor Bums agreed with Council Member Bl'ldshaw tbal wc should proceed ahead with our other agiecmenlS with Sheridan dtat arc bcocficial to our citi7.cns in spite of some of the other confficts we arc having at the momclll . He opined tbal it is constructive to move ahead. ORDINANCE NO. 2. SERIES OF 1998/1999 (COUNCIL BILL NO. 82, INl'RODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AU1110RIZING AN ORDINANCE AU1110RIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN TiiE CITY OF SHERIDAN AND TiiE CITY OF ENGLEWOOD PERTAINING TO FUNDING OF TiiE OXFORD STREET BRIDGE REPLACEMENT PROJECT. Vote raultl: -• ·- •· 0 - • Englewood City C1N1ncil January 4, 1999 Page8 • 0 • Ayes : Council Members Nabholz. Garrett. Bradshaw, Habenicht, Waggoner, Bums Nays : None Motion carried. (c) Resolutions and Motions (i) Mayor Bums swed this item is a recommendation from the City Attorney's Office to adopt a resolution consenting to the transfer of control of the City's Cable Television System Franchise to AT-&-T Corporation. He noted this is the item they discussed in the Study Session this evening. Council Member Garrett advised Mayor Bums that he would noc be able to panicipate as he is an employee ofTCI. Mayor Bums advised, for anyone who did not hear that. that Council Member Garrett is an employee of TCI and that is why he cannot vote on this matter. Assistant City Attorney Reid said that the City Attorney's office would recommend the adoption of a resolution consenting to the transfer of control of the City's Cable Television System Franchise to AT & T Corporation . Ms. Reid asked if there were any questions . Council Member Bradshaw asked if the wording of this is the way it should be. Ms. Reid said no, that there arc several typOgraphical errors thanks to computerS. They bavc a tmdmcy when you change the spelling of one they change the spelling of everything, so tbcrc arc fnnc:bi-=c which should say franchise but those arc typographical errors and we will get thole comctcd. Ms. Bradshaw asked if they impacted the content and Ms. Reid said no, they do not. Ms. Bllldsbaw said, okay . The resolution was assigned a number and read by tide. RESOLUTION NO . 3 SERIES OF 1999 A RESOLUTION OF THE CITY OF ENGLEWOOD, COLORADO CONSENTING TO THE TRANSFER OF CONTROL OF THE CITY'S CABLE 11:LEVISION SYSlcM FRANCHISE TO AT -&- T CORPORATION . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 3, SERIES OF 1999. Mayor Bums asked if there was any discussion or any questions. Council Member Waggoner said it was bis Wlderslanding that this docs IIOI change per se who our franchise is with, that it is Slill with MOUDlain Scala Video Inc. Ms . Reid said, yes. thal it changes only the parent company . Mr . Waggoner then asked ifall the terms of the franchise were still the same. Ms. Reid said all the terms of the franchise arc the same. The people we 've been negotiating with for years arc . at the moment. still the IIIIIIC. There imy be some COlpOl'IIC policy changes over the paiod, but • this point we're IIOl sccing any ofthem, we're still clcaling with the amc Mounllio Scaia thal we've dealt with. Then. Mr . Waggoner said, all this docs i1 change the top layer, the very top layer. Ms . Reid said yes . Ms . Habenicht said, for the record. it doesn 't commit III in any way, in any terms of policy that we might have or work for or against in terms of the telccommunicatiom indUStJy . She asked if that is right? Ms. Reid said, no it docs IIOI . • "' - ' •· • 0 - • • • • Eapewood City Council January 4, 1999 Page9 Mayor Bums said that it leaves us the options that Ken Fellman said we still have . Ms. Reid said it leaves us those options ... any future ncgotialions that we have regarding our franchise , our particular franchise , arc still open. VOie raaltl: Motion canicd. Ayes : Abstain Nays: Council Membcn Nabbolz, Bradshaw, Habenicht. Waggoner, Bwns Council Member Garrett None (ii) Mayor Bums advised that this is a recommcndalion from the Human Resources Department to approve, by motion. the selection of a Hearing Officer for the Jeff Herriot appeal. Di.reclor Ealoo said she is rccommcoding the Couac:il approve by motion the selection of a Hearing Officer for the Jeff Herriot appeal. Mayor BW11S asked if there is a named officer bc:rc. a bearing officer. Mr. Bromnan responded that on the earlier Agenda Item there were three names, Ben Aiscnbcrg, Ron Cohen and Harry MacLcan and Council needs to select one of the three. COUNCU... MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE THE SELECTION OF BARRY MACLEAN AS ID.ARING OFFICER FOR TIii: JEFF HERRIOT APPEAL Mayor BW11S asked City Attorney Brotzman ifbe bad any comment or recommendation . Mr. Brotzman advised that bis role, the City's role is that they negotiate the thrcc names and then they won't make a recommendation beyond those three nmnes to CouaciL aor should the union for either of the two individuals. Ms . Habcnicbt med Council Member Waggoner why be selected that particular name over the others. Mr. Waggoner said it loc*ed like be bad a good bllcqnJund, preay good cxpcricDcc and tba1 sort of thing . Ms. Habcnichl Slid oby. Mayor Burm aid be tbougN they MrC probably all lligbly qualifiod. Motion carried. Ayes : Council Members Nabbolz, Garrcu, Bradshaw, Habenicht, Wagoner, BUIIIS Nays: None (iii) Mayor Bums advised lbat this is a recommcndllion from the Human Rcsourccs Dcpanmcnt to approve, by motion. the sclcc:tion of a Hearing Officer for the Stan Wall appeal . COUNCU... MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE THE SELECTION OF RONALD J. COREN AS ID.ARING OFFICER FOR THI: ST AN WALL APPEAL Ayes : Nays : Motion canicd. 12 . Geaeral Dilalllioll (a) Mayor's Cboic:e Council Members Nabbolz, Garrcu, Bnidlbaw, Habenicht, Wagoner, Bums None ..... ti·,,\, . L' ,I, .. •· • '32xl • Englewood City Couac:il January 4, 1999 Page 10 • 0 t, • (i) Mayor Bums mentioned that RTD is having a reception tomorrow night for it's new board members, which he plans to attend. He noted that they believe this will be a much more user friendly RTD Board and be even more favorable than the pas1 one to light rail . Which, he opined, will benefit us in some marmer in the Southwest Corridor and indeed, the Southeast Corridor as well . (b) Council Member's Choice (i) Council Member Nabholz : I . She advised that she Wlmed to tum in her rcpon and thank the Council, as well as the citizens of ,. - Englewood, for allowing her to ;mend the NLC Conf'crcncc . She said she also has one other certificate that she is waiting on which was a fascinlling class on the Ten Habits of Effective City Councils, which is a program that they CWTCDdy use Wider Mayor Margaret Carpenter in Thornton. It was a very interesting class and tbcrc was a IOl to learn. 2 . She noted that Wednesday night she attended the Sheridan Planning and Zoning meeting. She said she just wanted to say thank you to our City Attorney for the ever watchful eye and his gracious behavior. Ms. Nabholz maintained that we as a Council need to continue to suppon our staff in the direction that this goes. 3. She said she knows Council Member Habenicht bas stated some concerns in regards to Wal-Man and she would like to challenge Council to take a b'ip out to the Highlands Ranch AMC 24. She commented that it is a sea of parting and she voiced her concern that we will not have enough partcing over here. Ms. Nabbolz advised that she bas been tbcrc three times within the last six weeks just ttying to find out if it's just a CCl1ain time the ttaffic is bad or not and it was very alarming to her. 4 . She advised that she has a letter from the Englewood Historical Society . She noted it had been requested that something be put in writing as to the amoun1 of space they need at the new City Hall . (ii) Council Member Gan-en said he bad one item which deals with the people that spoke at the open mike session. He stated dial he would like the City to at 1cut take a hard look at this, because if the City has made IOIDC kind of cnor it seems like ~ tbal error before it has to go to the Board, would be a rccoursc . He Slid he assumes dial tbcrc is !IOUIC kind of procedure where the Building Dcpanmcnt can say we have ~ the situllion and -an: pulling the DOCicc . If wc have made an error, he said, he would like the City to rectify dial before -haw: to pu1 fulurc citizens lbrougb tbal kind of cffon. If it turns out tblt it's a cloaer quellicm dial tbal ... bc fe1t dial the City bas to look at their participllion in the Board and bow mudl 1.al they try to plllb tbal ~-Mr. Gama advised thal he is cooccmcd tbal they saw the drawiDp. they saw a lot m the lllllerials and we just have to be cardu1 as a City to say, "oh, .-mind, take tbllawayft. Mayor Bums said he thinks tbal in the munici ... area too, tbal be thought the case law is that the expenditure of money and building of suuc:turc can opcralC as an cstoppel. Council Member Bradlbaw said that wc don't know how tbal was repn:seated to them by the sales person . She commented thal it sounds like it could boil down to just scmaoocs ... this is a mobile home this is a modular home . She suggested dial maybe dial's IDIIIClhing-need to address with our City Code. Council Member Gam:tt added that the definition of mobile home if you read it, includes a permanent foundation . It doesn't have to be just sitting up like you would think it can be on a pcrmancnt foundation with everything hooked up . It's a gray area. ·• ..... "" •. •· - - • Englewood City Council January 4, 1999 Pqell • 0 • ;- • City Manager Scars said be didn 't know that it was as far along as it bas been described tonight He thought it was in the initial construction phase, as opposed to sitting there. We will definitely follow up, he said, if wc arc remiss in the way we imerprcled the Code and wc have given it to them. He advised that he will have to consult with Dan Brotmw1and they will give them every benefit of the doubt so wc don 't have to put them through a hoop. Council Member Garmt noted that the City has to protect itself. City Manager Scars said that it was much further along than be anticipated. Council Member Waggoner said that wc need to act quickly before it goes to the Board of Adjustment, if that 's not ncccssa,y then it shouldn't go. Council Member Habenicht said she knows the gentleman talked about what had happened previously in Sheridan. but if we arc looking at a definition problem maybe wc need to look into if this particular manufacturer or sales group is working in other communities. She opined that wc just need to look into that and to make sure that wc arc both proleeting the citizens and also the integrity of our zoning at the same time. lfby some chance they have been uscd, then I think maybe we need to work with them on their behalf. she said. Council Member Garmt said that basically the contract for the mortgage puts the burden on the borrower to make sure it complies . Mayor Bums noted that there arc a lot of issucs then:. (iii) Council Member Bradshaw: I . She thanked everyone for the binbday cake, which she thought was nice. 2. She advised that she received the EngJewood Code Enf'orcemcnt City Wide Pride in the water bill this month. It's a good brochure, it -put out by the Code Eofon:ement Committee with Byron Wicks as advisory to it. and boy, she said, it answer all kinds« tbinp for our citizens. She noted it is only going to go to the people who get the water bill and the water bill may go to someone else and she wished there was a way wc could get this to every property in Englewood becaUlc: it's really invaluable. It bas all kinds of phone nwnbers, tells them what things arc okay, what tbinp arc not okay ... it 's excellent Ms . Bradshaw said she wanted to compliment the Code Enforcement group on this. (iv) Council Member Habenict.: I . She said she's glad that Mayor Bums is lllmding this RTD m:q,tion. 2 . She advised there is a DR COG orienlation for elected offlcials if anybody's intcn:sted in attending, on Thursday, January.,-• 4:30 p.m., if anybody wants to know more about DRCOG . 3. She noted she would like to lllCDd the CML LegiUIIM Wolbhop Thursday, Febnwy .a•. She said she would be attending the Policy Committee meeting after tbat the JICXl day. 4 . She stated that she is giving some serious COlllidenlion ... llld she med that Council bear with her, as she thinks about it 111d IUpplll1 her if llbc decides to Ilk to go abeld to the NLC Conference in March. Ms. Habenicht said llbc 1111 been toying with it and after today ' I d ilCUllion about the telecommunications, she knows that will be bcavily talked about thcrc and it's an iauc that she's been trying to follow for a long time and llbc would like to ~ wortiDg with that issue. So , she said, she is going to think about it. so if Council gcu a requal from her dial will be why . S. She said that Council Member Wqgoacr pointod out tblt the letter from the Hislorical Sociefy, that Council Member Nabbolz brought to our aaamon, did 111k about paaibly having I p111 time • .; •· • 0 ' - • Englewood City Council January 4, 1999 Pagel2 • • • Englewood historian librarian. She said she would guess that she would like to continue looking at that as a possibility as our library staff expands. 6 . She thanked everybody for all of the woaderfu1 holiday and Cluutmas greetings and cards and gifts. Everyone bas been thanking everyone and it's just a warm community and it's good to be apan of it, she said. (v) Council Member Waggoner asked City Attorney Brotzman if this bearing officer's list was going to be used for every bearing for the year. City Attorney Brotzman said COITCCI., this list is good until the end of the year. Mr. Waggoner asked if we need to keep this list around. with the raumes, for each case that comes up. City Attorney Brotzman advised they will give Council the list back if there is a new request. 13 . City M .... r'1 llepor1 (a) City Manager Sein said be would gjV'c Council a call on this issue over the next couple of days bcc:ause I know it's a pfflty big concem. Council agreed how disappointing it must be for the Magees to have thought they were moving in at Christmas. Mayor Bums was also concerned if anyone was rude to them. Mr. Waggoner commented that that is not a good situation . ••••• Council Member Habenicbl said lhc bad a call from Al Vonniaag who asked her to wish everybody a very happy holiday and say hello. • •••• Mayor Bums said lie w-.1 to cximmm OD die NLC CODfaalcc report. He advised that they n=ived thelC very nice bladt lllp II die C---• tbcy -all idealicaL They watl to die lirpnn and bad a w11o1e 11111 ran of people ud 111ey Fl olf II acb airliDe • tbcy wm1. He said be.,. olf II die IUl one at United. 11lare --11111 left. lie IOak ii ad ii waa llllt llil beg. It belODpd to a lady from Salum, Califcnia. lie aid, ... be .......... -... -beg wilb all ... receipls in il Mayor Bums advised lhll lie talked 11D die ~ Cily ....... of Saliall lbnul lal days a,o wllo promiaDd f'ailhf'ully that be would get a bnld of dill ad __. it bac:11 llcR. He IIIOled lie 1181 DOI 1m1 it liDcc, but be is going to make IIIOCbcr Slab II ii ad lie mipl bavc to .. die apda from AM Nabbnlz. 14 . Cily ~·11teper1 City Attorney Brotzman did not have any DU111Cn to bring before Council . 1.5 . Adjellraamt MAYOR BURNS MOVED TO ADJOUllN. 1bc meetin1 adjourned at 8: 14 p.m ~!~ • .. •· • 0 , - DIOll.fflON NO. l SERIES OF 1999 • • - A 1880ltJ'l10N APPOINTING .JUUB GBAZUUS TO THE BNGLBWOOD CITY COUNCIL. WHEREAS, Lauri Clapp resigned as Council Member for District III &om the Englewood City Council effective December 31, 1998; and WHEREAS, Council has interviewed persona interested in filling this term; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT : JULIE GRAZULIS is hereby appointed to till the vacancy, left by resignation, for the District III Council Member. Julie Grazulis' term will be effective &om January 18, 1999 and will expire November 15, 1999. ADOPTED AND APPROVED this 18th day of January, 1999. Thomas J . Burns, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellis , City Clerk for the City of Enclewood , Colorado, hereby certify the above is a true copy of Resolution No ._, Series of 1999. Loucriahia A. Ellis . ' •• .. • • 0 '32xl - • ORDINANCE NO._ f SERIES OF 1999 • 0 • BY AUTHORITY COUNCIL BILL NO. 1 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING A "LICENSE AGREEMENT" BETWEEN ADV AN CED STORAGE LLC AND THE CITY OF ENGLEWOOD, COLORADO FOR CROSSING THE CITY DITCH AT 5001 SOUTH WINDERMERE STREET. WHEREAS, Advanced Storage LLC is the owner of 5501 South Windermere Street and the City Ditch runs through the south-west portion of this property; and WHEREAS, Advanced Storage LLC desires to cross under Englewood's City Ditch right-of-way with a 3/4" domestic water line and a 6" fire protection line, and to pave over the City Ditch for a parking area and to provide an ingress/egress entry; and WHEREAS, the 3/4" domestic water line and the 6" fire protection line crossings over the City Ditch will be installed at a depth to maintain clearance from the City Ditch pipe ; and WHEREAS, the crossings are proposed at a section of the City Ditch located at approximately Windermere and Belleview on the northwest side; and WHEREAS, there will be a five foot (5') cover over the pipe to protect it from the parking lot; and WHEREAS, the existing City Ditch pipe is approximately five feet (5') below the proposed parking lot grade ; and WHEREAS, Advanced Storage LLC aaaumes full and strict liability for any and all damages of every nature to person or property caused by any work in connection with the crossing proposed by the Licensee; and WHEREAS , the City reserves the right to make full use of the property necessary in the operation of the City Ditch; and WHEREAS, the City retains all rights to operate, maintain, install, repair, remove or relocated any of its" facilities located within the City's right-of-way; and WHEREAS , the Englewood Water and Sewer Board reviewed and recommended approval ofthia License Agreement at their December 8 , 1998 meeting; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : $ectjpn 1. The "License Agreement" with Advanced Storage LLC ii hereby accepted and approved by the Englewood City Council, the "License Agreement" ia attached hereto aa "Exhibit A". -1- ' - • 10bi .. •· • 0 - • • • ·, • Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood , Colorado . Introduced, read in full, and passed on first reading on the 4th day of January, 1999. Published as a Bill for an Ordinance on the 8th day of January, 1999. Read by title and passed on final reading on the 18th day of January, 1999. Published by title as Ordinance No . _ Series of 1999, on the 22nd day of January, 1999. Thomas J . Burns, Mayor A'M'EST: Loucriahia A. Ellis, City Clerk I , Loucriahia A. Ellis. City Clerk of the City of EnsJewood , Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance paaaecl on final reading and publiabed by title as Ordinance No . _ Seriell of 1999. Loucriahia A. Ellis -2- .. • • 0 '32 x l - • • • • 0 I• • BO~X PACE LICENSE AGREEMEllT THIS AGREEMENT, made and entered into as of the eighteenth ----day of~ , 1998 ,· by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, qereina·fte_r referred to as "City" and . -.... , ..... hereinafter referred to as "Licensee," WITNESS ETH: The City without any warranty of its title or interest whatsoever, hereby authorizes Licensee to maintain a parcel of land in the City's rights-of-way for the City Ditch . A p a rcel of land situated in the SE 1/4 of the SW 1/4 of Section nizm· TownshiP·.....,.-.a.... ___________ _ Range 68w of the §th .P.M., Ci ey of Littletcn county of Arapahoe, State o f Co l orado a nd lying within the following described lines: BEGINNl!IIG AT THE NOR1llEAST CORNEil Of LOT 2 BLOCK l , wn-.'DERMERE EQUITIES SUBDIVIS ION Al.SO BE!NG 11;lE TRUE POINT OF BEGINNING. tlEICE S0002.& •,17~w ALONG TliE EAST LINE OF SAID LOT¥. DISTANCE OF 13.31 FEET ; lHENCE s1,o~·oo-w A DIST ANCC OF 2Ul FEET; THENCE S 19DSS'00"W A DISTANCE OF lOJ .26 FEET : THENct S11009 "00-w A OISTA.'ICE OF 10.ll FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 2: niENCE NK90S2"H "W ALONG SAID S0VTH LINE A DISTANCE OF 26 .!9 FEET; THENCE NIIOO'J ·oo--E A DISTANCE OF 11 .7.& FEET; THENCE Nl9DffOO"E A DISTANCE OF 10;.1.& FEET ; THENCE N 1,~ ·oo-E A 01ST ANCE Of 3.& I.& FEET TO A POll'IT ON THE NORTH LINE OF SAID LOT 2: THENCE Sl9D'2'ff·~ ALONG SAID NORTH LINE A DISTANCE OF ll.JO fEET TO mE TRUE POINT OF BEGl.,'NtNG . SAID P AllCEL CONT AJNS .&.&07 .62 SQ. FT. (0 .10 I ACRI:: MGRE OF LESS) The above -de scribed parce l contains. ____ .~0~8~73"-----------acre~, more o r l ess . .... • ...... : H I • ,I, A • • - • • • • • , . • ,. aaox ·.-. ·, . .... tAC£, l. In granting this License, the City reserves the right to ma,Jce full use of the property involved as may be necessary or convenient in the operation of the City and the City retains all right to operate, maintain, install, repair, remove or relocate any of its facilities ·1ocated within t.i.e City's · property at any time and in such a manner as it deems · necessary or convenient. In the event Licensee's installations should interfere with the city's use or operation of its property, at any time hereafter, Licensee shall, upon request by the City and at Licensee's sole expense, immediately relocate, rearrange or remove its . installation so as not to interfere with any such City use and to remove the installation of Licensee when necessary or convenient for the City, its successors or assigns. 2. 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 right to control all easements and installations. J. 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 responsibility to determine the existence of said documents or conflicting uses or installations. 4. The Licens=e shall have the right to maintain the above described parcel including but not limited to planting and trimming grass, shrubbery and/or trees, fertilization and irrigation and removal of trash and brush. s. Access to the parcel by City personnel must be maintained by Licensee for inspection and maintenance. 6. No construction shall be allowed on this parcel without express written permission from the City . a. Upo n abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but is obligation to indemnify and save harmless the City, its off i cers and employees, shall not terminate in any event. 9. The rights granted Licensee hereunder may not be assigned without the written consent of the City . 10. Licensee shall comply with all applicable laws and ·ordinances and all rules, regulations and requirements ot any . environmental standards and conditions of the premises. It, as a result of the Licensee's occupancy of the prem.ises and its operations hereunder, any such law, ordinance, rule, regulation is violated, Lilcensee shall protect, save harmless, defend and indemnity .city from and against any penalties, fines , costs and expenses including legal fees and • .. •· • ·, 0 -• • C• • . . II UUtr . . •. -.iw. court costs incurred by City, caused by, resulting tram or connected with such violation or violations. In granting the above authorization, the City reserves the right ta make full use o! the property involved as ay be necusary or convenient in the operation of the water works plant and syst .. under the control o! the city. · IN WITNESS WHEREOF, this instrument has been executed J~ o! the day and year !irst above written. APPROVED: ...,_,_ . ·. ' .. -------.::c-=-· -.-:....o...-..' -·--""----Stewart Fonda Director of Utilities APPROVED ~ (XO FORM: : . . : CITY OF ENGLEWOOD, actin~·"t:11,rough and by its Water, az;ztl, sewer Bactt'd . By,( _______ _ ·,~rman • • • • 0 . ~II I Ill 'I --.. r~r 48. 72•.!...._ ~ ~ ,. a' ~ .. .,. .• w•• • • I ./ '/' ~.:I is r ~ ( J ~ • I l; ~ ,q I ~ ~ 7. q > • -L~ "i: V. ~.:l i. 'l"' l;;o tr...= ,"!} 1dl 1 ~J ~I 0 . I r--. ()I® 0 I .. ; :_! I di 1 I # f I L U <Y. w ~ O'. • WI- OVl :z 3 . Vl 0 0 .... u, S 89'52'53" E PMD 11111A I :: I: I f S 89'521531 E • 0 " N M '"' • • R/C IN BOX LS .la083 ·1 FM ~ .~Ii i .801 'I I I i ·' "'' I w ~~, I. I·; I I I I e :,i I :~ i Q, ::I ~~ : ~ " I 5l.84'-."-~I 11 · I I . ~ I UVI t Ill I z >-I j r) ;:: -= VI ...J X •= UI :::> IU \I/ :,) 3 /. (II I j ni \I I fl~,--, 226.68' 2!'1.0' l \U () I 7, ~,: -. Ill ·lr--i . 'o ~ ;.-.t-"' I :I '~ 9 ,, I .. , I . ,1 !? :::g 1) ... ~) I -_.__.._ -- I ·""· ,..,,,.. I • • I \ \ \ l i • 0 • VICINITY MAP . .. PROJECT THIS PF OF WHI TO D1s -;- AREA OF AREA OF AREA OF AREA OF ZONIN G _ Tr'FE OF OCC UPA~. OF,IC WAR:. SE:CC PAR KI NG \ \ r~\ ___ L_E_G_A_L_D_E_S_C_R_IP_T_I_O_N ___ _ I \ A PARCEL OF LAND LOCATED IN 'THE SOUTH\1£ST QUARlER OF SECTION 33, 1 TOWNSHIP 4 SOUlli, RANGE 68 WEST, OF lriE SIXlli PRINCIPAL MERIDIAN, CITY \ OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : i COMMENCING AT 'THE CENTER QUAR1ER CORNER OF SAID SECTION 33; THE NCE : S 00"20'04• W ALONG THE EAST UNE OF THE SOUTHWEST QUARTER OF SA ID '. SECTION 33 A DISTANCE OF 30 .00 FEET TO 'Tl,E SOUTH RIGHT-OF-WAY LINE OF '. WEST DARTMOUTH AVENUE ; n,ENCE ·N-89"38'39 " W ALONG SAID RIGHT-OF-W AY I- . DISTANCE OF 358.69 FEET TO 1HE POINT OF BEGINNING · THENCE S 00"20 '0 4." W A DISTANCE OF 366.00 FEET; 1HENCE N 89"38'39" W A 0 DISTANCE OF 258 .77 FEET; THENCE N 45'07'32" E A DISTANCE OF 314.45 FEET; THENCE N 02·05'28· W A DISTANCE OF 142,89 FEET TO lriE SOUJH RIGHT-OF-W AY L. E ·OF WEST OAR1MOUTH AVENUE ; 1HENCE S 89"38'39" E ALONG SAID RIGHT-OF-Wr A DISTANCE OF 43.28 FEET TO 1HE POINT OF BEGINNING. _ SAID PARCEL CONTAINS 38,787 SQUARE FEET OR 0.890 ACRES, MORE OR L~SS. lllllllllllllf .. ' -t ~·· : ·-;l'r.! .-.. • •. I· • 0 - • ORDINANCE NO._ SERIES OF 1999 • • • {. BY AUTHORITY t• COUNCIL BILL NO. 2 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING SUPPLEMENT NO . 21 TO THE VALLEY SANITATION DISTRICT CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD TO INCLUDE ADDITIONAL LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS, Valley Sanitation District has submitted a request for inclusion into Valley Sanitation District of a parcel with the proposed use of the property as an office and warehouse ; and WHEREAS, Supplement No . 21 is for approximately .90 acres which is presently zoned 1-2 (General Industrial) and said zoning will remain the same ; and WHEREAS, said annexation of this additional parcel of land will not increase the tap allocation to the Valley S!lnitation Diatrict: and WHEREAS it is necessary for said District to amend ita contract with the City of Englewood to include this additional land within the District; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of the Valley Sanitation Supplement No . 21 To Connector', Agreement at their December 8, 1998 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO . THAT : Sc<;t,jop l The Apeement between the City of Englewood and Valley Sanitation District entitled "Supplement No. 21 to Connector'• Acreement• ia hereby approved. A copy of said Agreement ia attached hereto u Exhibit A. Sc<;t,jpp 2. The Mayor and City Clerk are hereby authorized to •icn and attest, respectively , the uid Acreement for and on behalf of the City Council and the City of Englewood . Introduced, read in full. and paaeed on fint reading on the 4th day of January, 1999. -1- • . 10bii .. •· , - - • • • • '· Publiahed u a Bill for an Ordinance on the 8th day of January, 1999. Read by title and paaaed on final readin& on the 18th day of January, 1999. Publiabed by title u Ordinance No . _ Series of 1999, on the 22nd day of January, 1999. Thomae J. Burna, Mayor ATTEST: Loucriabia A. Ellia, City Clerk l Louc:riahia A. Bllia. City Clerk al the City al Bapwood.. Colando, benbJ cmitJ that the above and lbrqoins ia • true copy of the OrdinuM» paaecl Oil &al Nadms and publiahed by title u Ordinance No. -Seriea of 1999. -2 - .. • • 0 , - - • • , . • <. SUPPLEMENT NO.~ TO CONNECTOR'S AGREEMENT SEWER CONTRACT NO. THIS AGREEMENT is made and entered into by and between the CITY OF ENGLEWOOD, acting by and through its duly authorized Mayor and City Clerk (the "City"), and VALLEY SA.'ITTATION DISTRICT, Arapahoe County, Colorado (the '"District"). WHEREAS, the City and the District are parties to a Connector's Agreement dated November 15, 1984 (the "Connector's Agreement") which concerns the connection of the District sewer collection facilities to the City's sewage system, and WHEREAS, the Connector's Agreement provides that additional service areas may be included within the limits of the District with the written consent of the City; NOW THEREFORE, in consideration of the Premises and of the mutual covenants of the parties hereto, it is agreed as follows : 1. The City hereby consents to the inclusion of the additional area described on Exhibit l hereto into the District and agrees that said additional area may be served with the sewer facilities of the District, and that the City will treat the sewage discharged into the District's sanitary sewage system and into the City's trunk line from such additional area, all in accordance with the Connector's Agreement. Accordingly, Section 1 of the Connector's Agreement is hereby amended to include the additional real property described on Exhibit 1 hereto . The owners of such property are Chris Stark and Kelly Stark (individuals). 2 . Except for the agreements set forth in Section 1 above, each and every other provision of the Connector's Agreement remains unchanged and continues in full force and effect, and the additional area herein included shall be subject to all of the terms and agreements contained in the Connector's Agreement. IN WITNESS WHEREOF, the parties hereto have caused their names and seals to be hereunto subscribed and affixed this ___ day of 1998 . ATTEST : CITY OF ENGLEWOOD By : __________ _ City Clerk Mayor ATTEST : VALLEY SANITATION DISTRICT By f,6.;, ~ • ,; C X .. I • ' T A .. ·~ • .. • • 0 , -• • • EXHIBIT 1 THAT PART OF THE SW V. OF SECTION 33, TOWNSHIP 4 SOUTH, Rk'l'GE 68 WEST OF THE 6TH P .M ., LOCATED IN ARAPAHOE COUNTY, COLORADO, DESCRIBED AS FOLLOWS : BEGINNING AT A POINT ON THE SOUTH RIGHT OF WAY LINE OF W. DARTMOUTH AVE ., SAID POINT BEING 358 .69 FEET WEST AND 30.0 FEET SOUTH OF THE CENTER OF SAID SECTION 33; THENCE SOUTH 366 .0 FEET; THENCE WEST PARALLEL TO SAID SOUTH RIGHT OF WAY LINE 260 .18 FEET TO A POINT ON THE EASTERLY LINE OF A PUBLIC SERVICE COMPANY RIGHT OF WAY LINE DESCRIBED IN BOOK 727 AT PAGE 382, ARAPAHOE COUNTY RECORDS; THENCE N 44 DEG . 47 MIN . 10 SEC. E ALONG SAID EASTERLY LINE 315 .05 FEET; THENCE N 2 DEG. 25 MIN. 50 SEC . W ALONG SAID EASTERLY LINE 142.52 FEET TO A POINT 30 .0 FEET SOUTH OF THE NORTH LINE OF THE SOUTH 'h OF SAID SECTION 33, SAID POINT ALSO BEING ON THE SOUTH RIGHT OF WAY LINE OF W. DARTMOUTH A VENUE; THENCE EAST ALONG SAID SOUTH RIGHT OF WAY LINE, 44 .28 FEET TO THE POINT OF BEGINNING. EXCEPT A 1.0 FEET WIDE RESERVED STRIP LYING EAST OF AL'l'D PARALLEL TO THE EASTERLY PUBLIC SER VICE RIGHT OF WAY LINE . TOGETHER WITH THE FOLLOWING EASEMENT APPURTENANT : A NON-EXCLUSIVE, PERPETUAL EASEMENT OVER AL'l'D ACROSS THE REAL PROPERTY DESCRIBED AS FOLLOWS : A IS-FOOT WIDE STRIP, THE NORTHERLY LINE OF WHICH IS MORE PARTICULARL if DESCRIBED AS FOLLOWS : THAT PART OF THE SW V. OF SECTION 33, TOWNSHIP 4 SOUTH. RANGE 68 WEST OF THE 6TH P .M. AS FOLLOWS : BEGINNING AT A POINT ON THE SOUTH RIGHT OF WAY LINE OF WEST DARTMOUTH A VENUE, SAID POINT BEING 49 .69 FEET WEST AL'l'D 30 .00 FEET SOUTH OF THE CENTER OF SAID SECTION 33; THENCE WEST ALONG SAID SOUTH RIGHT OF WAY LINE, 309 .0 FEET TO THE POINT OF TER.i.\lUNUS OF SAID NORTHERLY LINE . Also known as 1630 W. Dartmouth Ave ., Englewood, Colorado 80111. OE SVER .017l0J9 .0I .. .. ... • • ·. 0 , a -·---r---!--I --.......:..~~~ r / • I -•--'-- ! I I I I I /~JO W 01111.rl"'"'-'Tl'I ;1 /r NEW FAC ILITY FOR • 0 • ~O" -----S 119•.!4-,:¥· £. • ,------ ' ,------· I I ... I· • 0 ' - • omllNANCE NO ._ ' SERIES OF 1999 • • - BY AUTHORITY COUNCIL BILL NO . 3 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "U.S . DEPARTMENT OF THE INTERIOR U.S. GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT FOR WATER RESOURCES INVESTIGATIONS." WHEREAS , the City Council of the City of Englewood approved a Joint Funding Agreement between the U.S . Geological Survey by the passage of Ordinance No . 20 , Series of 1996 and Ordinance No . 87, Series of 1997 ; and WHEREAS , a stream flow gage located at Union Avenue and the South Platte River, is operated and maintained by the U.S. Geological Survey and has been in operation since 1990 ; and WHEREAS, the Englewood City Council authorized a "Joint Funding Agreement For Water resources Investigations" in 1996 which provided for funding for this project and allowed for renewals by mutual agreement; and WHEREAS , the data provided by the gaging station is required by the State Water Commissioner in order to make releases from Chatfield Reservoir during low flow situations in which insufficient water is available to meet pumping demands at Union Avenue Pump Station; and WHEREAS, the Englewood Utilities Department shares in the annual cost of operating and maintaining the station on a 50/50 basis, with the U .S.G.S.; and WHEREAS , this Ordinance will renew the "Joint Funding Agreement For Water Resources Investigations" in the amount of $4 ,450 .00 from the Englewood Utilities Department and authorizes new joint funding for the period of October 1, 1998 through September 30 , 1999; and WHEREAS , the cost of the Littleton/Englewood Wastewater Treatment Plant Joint Funding Agreement, including the gauge and monitor is $11 ,725 ; and WHEREAS , there is a one-time capital coet of $1 ,600 to the Littleton/Enclewood Wastewater Treatment Plant Fund to provide new telemetry equipment for aatellite and internet link; and WHEREAS , the U .S .G.S. contribution ia $16,175 under thia AIJ'ffment; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : -1- •• . , ·- .. • • '32 x l - - • • • • $e<;tion l. The intergovernmental agreement "U.S. Department OfThe Interior U .S . Geological Survey Joint Funding Agreement For Water Reaources Investigations", for the period of October 1, 1998 to September 30 , 1999, attached hereto as "Exhibit A," is hereby accepted and approved by the Englewood City Council. $e<;tion 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Intergovernmental Joint Funding Agreement For Water Sources Investigations for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and puaed on first reading on the 4th day of January, 1999 . Published as a Bill for an Ordinance on the 8th day of January, 1999. Read by title and puaed on final reading on the 18th day of January, 1999. Published by title aa Ordinance No . ~ Series of 1999, on the 22nd day of January, 1999. Thomas J. Burns, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Enslewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance paaaecl on final reading and published by title aa Ordinance No. ~ Series of 1999. Loucriahia A. Ellis -2- . , I .. • • 0 , - ~=·-··-:: 11 ·· 1,1 •• , -· """' Al..., Jo,n,f.1- (May1-) ,v,v.: • • • .. · .... , ... U.S. Department of the Interior U.S. Qeologlcal Survey Joint Funding AarMm8nt FOR Water ANOW"Cu lnvutlgatlona , . Asreemeat No. C09904000 Cunomer No. C0108 TIN "-'000583 THIS AGRE:MENT is entered into as of :ne 1st day af October 1998 by :he U.S. GEOLOGICAL SURV~ UNITE> STATES DEPARTMENT OF THE INTERIOR. party at tt'lt first ;)art. and th• Clty of !ngtewood, party of tt,e ' second ;:,an. 1. The panles herr.o ~,... :hat subject tc tr.e availac~ of IPl)l'Cp!a!!ons and in aca,rcance wtth their rapeclive authcri!IN lhn shall be maantainaa in cocpera11cn operation and nalmananc:a of the .ara.n11ow and....,. quality ltatlo• on a. South Plana Riv•, hnnaftar called :tia program. 2. The following amounts sl-.all be ccnt1butec to cover all of the cost of me necesury field and analytlc:al work dirldty related ta lhla program. (a) $16.175.00 by !he party of the first part d1.1rin; :tie period October 1. 1998 to September 30, 1999 (b) $17,775.00'" by me party of the second pv. during the pertoc October 1, 1998 to September 30, 1999 * Sl.600.00 unmatched fundiaa (Cl Aadlllcnal or rlcluced amounts by each party during the 11:ove periCd or suCCNd tng per:cc:s u may be determined by mutual agreement and .. t fortt': in an exchan;e ct letters between tne parti•. 3. The coats of !his program may be paid by ei!!'ler party in confcrmity w1tl'I tl\e laws and ragulationa reapedvely governing each par:y. 4. The fillet and ar.alytic:al wcrk pl!Ulning tc ttlis program sh&JI be under the dlredlon ot or IUbjec:t 1i::l perlcdlc review t:,y an authorizec rapreunWive of r,e party of the first ?L"t. 5. The arNS to b• included in lhe program shall be determined by rnu:uai agreement betwMn the pal1lel harato ar their authorized repr ... ntallvee. The mmoda enl)loyec In tr:• !'laid and offlce lhall be thoae ldoptlld by 1l'le party ct !he ftrst part to Insure the r9quired atlndards of accuracy subject to mcdlflcallon by mutual a;rwnent. 8. During the course of tni1 j)l'ogram, all ffeld and anal~ wor!c of 11th• parry pertaining ,a :,,11 program siall be open to :he Jnapec:t!on of the ocher party, and If lhe WOik la not being canted or: Ir. a mutually u1hlflctory manner, eittw party may terminate !his agreement upon SC days wrlt:lln notice to 1h11 Oll'I• party. 7. The original l"IC:lrds resulllng from !hia progra..,, will be diJ:osltad In the office of origin at ttlON records. Upon requNt. ccples of the arivinaJ reccrdl will be prcvlded ID !tie oflce of the ain• paey. 8. The mapa, records or raport1 rault:ng frcm thia prograr:, Shall be made avallable to !he publlc u promptly u poalble. The maps, reccrcs or reports normally w ill be publlal'led by th• ;,aey rt. the first part. However, !tie party d !he NCOl'ld part raerv• the right to publlah the rnutts of :tlia program and, If alrlldy publllhed by the party of !he flrlt pan lhall, upon rec;uelt. be fumlll'led by !he i,any of tr:e l".rst part. at CClt. lmprN1ion1 auit&ble far ~ of reprodUdlon llmilar to :hat fer whicl'I the ari;inal c:q,y wu ~ed. 'The maps, record• or reports r:,ublllhed by either PartY lhall contain a ~ent of !tie cooperallv• rel&tlon1 bffNNn the ;,anl•. 9. Bill ing for :h is a;reemen: will be rer.dered appually • Payments of bills are due within 60 days after the billing date. If not pa!d ::y the due date, :nternt will be charged at u,e currant Treasury rate far each 30 day period, or portion thereof , that ttle ;:,ayment ls de !ayed l)eyond the di.:e dm. (31 USC 3717 ; Comperaller General FIie B-212222 . August 23 , 1983 .J . Ory or Enp-,,ood U.S . GEOLOGICAL SURVEY UNITEO STATES DEPARTMENT OF THE INTERIOR Byvr~J~ (IIQNATUAi l Tl~Lll BY----------------- Diatrtct C11t1r. Colorado Dimicr (USE REVERSE SIDE IF ACOITIONAL SIGNATURES AAE AEOUIREO) • .. • X H I • {. A • • a , -• • • (. IIB80LUTIONNO.~ f SERIES OF 1999 A DSOLUTION APPROPRlA'ftNG FUNDS FROM THE 1999 BUDGET FOR CONSERVATION TRUST FUND PROJECTS. WHEREAS, the Englewood City Council approved the City of Englewood's 1999 Budget on October 19, 1998; and WHEREAS, the p8B118ge of this Resolution will appropriate the funds for three Lott.ery projects that were budgeted in 1998, but not completed and lapeed at the year-end 1998; NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sgdiop 1. The City of Englewood 1999 Budget ia hereby amended as follows : CONSERVATION TllUST FUND: Source of Fuode : Unreeerved/Undeaignated Fund Balance Uses of Fuode · Computeru.ed Register System Clayton Athletic Field New Reatroom.a at Belleview Park Total Ueea of Funda $123,000 $ 40,000 $ 25,000 $ 58000 $123,000 Se<;tigp 2. The City Manager and the Director of Financial Servicee an hereby autboriwl to make the above change• to the 1999 Budpt of the City ofEnslewoocl. ADOPTED AND APPROVED this 18th day of January, 1999. Thomu J . Burm, Mayor ATTEST: Loucriahia A. Ellia. City Clerk I , Loucriahia A. Ellia , City Clerk for the City ofEDs)ewood, Colorado, hereby certify the above ia a true copy of Resolution No .~ Seriea of 1999. Loucriabia A. Ellia ... • • 0 , 2X - • • • Date January 18, 1999 Initiated By • • • COUNCIL COMMUNICATION Agenda Item 10 Ci Staff Source Subject Supplemental appropriation to the 1999 Budget for Conservation Trust Fund projects Department of Financial Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council approved the 1999 Budget and Appropriation on final reading October 19, 1998. RECOMMENDED ACTION Staff recommends the City Council approve the attached resolution for supplemental appropriations to the 1999 Budget. The supplemental appropriation is to fund three Lottery projects that were budgeted in 1998, but not completed. These funds lapsed at year-end, so a supplemental appropriation is required to complete the projects in 1999. The sources and uses of funds are: CONSERVATION TRUST FUND: Source of Evndti Unreserved/Undesignated Fund Balance U,,ofFunp: Computerized Register System Clayton Athletic Field New Restrooms at Belleview Park Total Uses of Funds $123,000 $40,000 $25,000 1§§.QQQ $123,000 The City of Englewood is required by City Charter to ensure that expenditures do not exceed legally adopted appropriations. The attached resolution appropriates funds to ensure that the City of Englewood complies with legal restrictions goveming local budgeting . FINANCIAL IMPACT These supplemental appropriations will reduce the Conservation Trust Fund unreserved fund balance by $123,000 . This action does not actually impact the financial condition of the City of Englewood as these funds were previously appropriated, but the projects were not completed. UST OF ATTACHMENTS Proposed resolution • .. •· • 0 ' 2 - • • 0 ,~ • • COUNCIL COMMUNICATION Date Agenda Item Subject Metro District of Highlands January 18, 1999 11 a i Ranch Drainage Easement Initiated By Utilities Department I Staff Source Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION Council approval of the Temporary Construction Easement to Metro Districts of Highlands Ranch. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED It is recommended that a Temporary Construction Easement be granted to the Metropolitan Districts of Highlands Ranch for the purpose of initiating necessary construction activities required for completion of a drainage facility to serve a portion of Highlands Ranch, including two large parcels owned by the City of Englewood. The Temporary Construction Easement is necessitated by certain work needs approved by Douglas County which need to be completed prior to the opening of the Highline canal. City Council and the Englewood Water Board have been previously apprised of the need for the required drainage facility at a past study session. The Englewood Water and Sewer Board will review and make a recommendation on the permanent easement at their meeting on February 9, 1999. A request to approve a permanent easement will be forthcoming at the February 1, 1999 Council Meeting. The easement is located on City-owned land north of C-470 and east of Highlands Ranch Parkway. The proposed easement, which is approximately six acres , is located in a gully, which is ideal for the purpose of stormwater retention but difficult to develop . FINANCIAL IMPACT None . UST OF ATTACHMENTS Proposed Bill for Ordinance Temporary Construction Easement to Metropolitan Districts of Highlands Ranch •· • 0 I - .. ... . u ... ... • AYaCIYOW 'OS . ""' • 0 • I • cl;d' • . ... . u ._~ :le <.>-Lu._ ~8 ~ ... Q.....J 0 • • • 0 ' 'a - • ·, I i ,-.. ,"" ",--.-- •-4: •. ",i ,!'· ;11 ' ', I -.··- '· -·-. • • • .. . . . ·' \ :- <• \ • ~I~-~-..:.~•• ;_--... '. '· .... -. ---... ·~ .. / • • .I 0 - '\ ;, -~ • l ·--':' :::.:~, --. '1'.,\\ \ .... . ~ • • • ... I' ·" DETENTION FACILITY SEO~ ------- > = I I f .. • . , • . • • 0 I - • ORDINANCE NO ._ SERIES OF 1999 • • • <. BY AUTHORITY ABILLPOR AM OIIDINANCB AUTHORIZING A GRANT OF A TBIIPOIWlY CONSTllUCrION EASEMENT BE'IWEEN THE CITY OF ENGLEWOOD , COLORADO AND IIIOIILAND8 RANCH MSTROPOUTAN DISTBICT NO. 3, FOR. THE PUB.POSE OF INSTALLING A STORM WATER DRAINAGE FACILITY. WHEREAS , Highlands Ranch Metropolitan District No . 3, submitted a requeat for a construction euement for the purpoae of installing and maintaining a storm drainage facility in the City's detention area located between the Highline Canal and Centennial Parkway (C-470); and WHEREAS , the propoeed euement would allow Highlands Ranch Metropolitan District No . 3, to construct a storm water drainage facility to deal with storm water run-off tributary to the drainage served by the City's drainage facility ; and WHEREAS, thia drainage facility ia consistent with the current drainage plan for the area now being prepared fur development; NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: $ectjpn l. The Grant of a Temporary Conatruction Easement to Highlands Ranch Metropolitan Di.etrict No . 3, and the City of Englewood, Colorado, attached hereto aa Exhibit A, ia hereby accepted and approved by the Englewood City Council. $e<;tion 2 . The Mayor ia authoru.ed to execute and the City Clerk to atteet and seal the Grant of a Temporary Construction Drainage Easement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and puaed on first reading on the 18th day of January, 1999 . Published as a Bill for an Ordinance on the 22M day of January, 1999. Thomae J . Burna, Mayor ATTEST: Loucriahia A. Ellia, City Clerk -1- .. I ., I • • 0 , I -• • t• • <. 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 paaaed on first reading on the 18th day of January, 1999. Loucrishia A. Ellis -2- ' ' .. • • 0 r ~,, I - • • • • EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT THIS Temporary Construction Easement is granted this __ day of _______ _ __ , 1999, by THE CITY OF ENGLEWOOD, COLORADO, a Home Rule City (hereinafter referred to as "the City/Grantor", whose address is 3400 South Elati Street, Englewood , CO 80ll0 and HIGHLANDS RANCH METROPOLITAN DISTRICT NO . 3, a Colorado quasi-municipal corporation, (hereinafter referred to as "the District/Grantee") whose legal address is 62 West Plaza Drive, Highlands Ranch, Colorado 80126, have entered into an agreement necessitated by the District's construction of a drainage facility . For the consideration of Ten Dollars ($10.00), the Grantor will allow the use of the property described below for construction of said drainage facility. WHEREAS, the Temporary Construction Easement shall be for the real property located in the County of Oouglas, State of Colorado more panicularly described as follows: A parcel of land being a portion of the Southwest quarter of the Northeast quarter of Section 4 , Township 6 South, range 68 West of the sixth principal meridian. as shown on the land survey plat recorded at Reception Number LSP -44 7 , in the office of the Clerk and Recorder of Douglas County, County of Douglas, State of Colorado, describes aa follows : Beginning at the Northeast comer of &a1d Southwest quarter of the Northeut quarter of said Section 4; thence along the Eut line of IIIUd Southweat quarter of the Northeast quarter South 01"00'12" Eut 649. r.t. to the South line of the 50 .00 feet wide Centennial Water and Samtauoc Duitnc:t -ent. u deacribed in Book 415, Page 660, Douglu County recarda . t.benoe aJoag 18.1d South line North 90°00'00" Weat 65.54 feet ; thence •Vllll l&ld South lme South 06"45'53" West 177.54 feet to the Nortberl luw of a Department of Tranaportation slope easement (reoordmg mf'oraatlOD ~). t.benoe along aiu d Northerly line North 73°01 '46" Weat 40.64 feet dNDor IMvmc IIIUd Northerly line North 06°45'53" Eaat 165.80 feet Mad South lme of the 50 .00 feet wide Centennial Water and SanitabOn Duitnct Eaaeaent. theoce along the South line of said easement North 90800'00" W %0 %2 feet; thence along the Southwesterly line of said euement and 1ta Northweet.erly prolonpbon North 40"00'00" West 843.77 feet to the North lme of aiud Southwest quarter of the Northeast quarter of Section 4 ; thence along aud North lme North W42'12" EAST 657 .03 FEET TO THE POINT OF BEGINNING . CONTAI NING 5 .993 ACRES (261.068 SQUARE FEET), MORE OR LESS . EXHIBIT ATTACHED AND MADE A PART HEREOF. NOW , THEREFORE, it is agreed between the City and the Diatrict aa follows : 1. Granter hereby grants to Grantee, and representative contractor a temporary easement upon, over and acroN Grantor's adjacent property for uae of Grantee, for construction of storm drainage improvements. Grantee will restore the surface of the Temporary Easement to the same condition it waa in, aa near u practicable, immediately prior to thia Temporary Easement, or as mutually agreed by the parties. Thia agreement shall terminate upon completion of the construction upon the Property by the District, or, at the latest on January 1. 2000 . •• ...... "' - • •· • 0 , - • • • • <. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the __ day of 1999. CITY OF ENGLEWOOD, COLORADO By: ______________________ _ Thomas J . Bums, Mayor HIGHLANDS RANCH METROPOLITAN DISTRICT NO . 3 By: _____________ _ STATE OF COLORADO COUNTY OF ARAPAHOE ) ) ... ) SUBSCRIBED AND SWORN to before me by ________ of Highlands Ranch Metropolitan District No . 3, thia __ day of ______ _ _.1999. Notary Public My commission expire&: -2- .. ,. • 0 '32xl • :: : : ::.,: ........ P . TY Of' ENCI..EWOOO PROPERTY O BOOK 1JJ, PACE 4 :; {.:'.=? ~::£· :· L :; .:: -:: :: 7 SW 1/4, NE 1/4 SEC 4 T6S, R68W • • - N""" "91- 1 -P"!i -c-m .... N:\10:111-11\0WG Mk Col•• TANTa. llno, 1#1) o«, --,.. I. Ory er:.:. -ltl~/09/9§ -=:'-_ _.._ , . ~:; #: :: .~~: ~::· ~~; ... ~·-~ :\: :\:·~· .. ~. :::::£::: ~-~; 7 :: NE CCR I SW 1/4, I NE 1/4 I SEC 4 I I I I I Legal Exhibit Drainage EaNfflent Owner: City af Englewood _, ,, - . --. 11:~1: • ' •· • 0 - • TO: f'ROM: DATE: SUB.JECT: • • • . ' Council Member Ann Nabholz Sue Bradshaw, Executive Assistant January 18, 1999 National League of Cities Conference ,,. - - r The National League of Cities Conference will be held in Washington, D. C. from March 4 -10, 1999. Listed below are anticipated expenses while attending the conference. Registration Dues Room Meals Airfare Shuttle Other Total $620.00 50.00 1,116.00 288.00 404.50 100.00 ~ $29'28 .50 If you need additional information, please let me know. Thanks . . , ~ . .. • • r 'l"l I - TO: FROM: DATE: SUB.IECT: • • t~ • Council Member Alex Habenicht Sue Bradshaw, Executive Assistant January 18, 1999 National league of Cities Conference ... The National league of Cities Conference will be held in Washington, D. C . from March 4 -10, 1999. Llsted below are anticipated expenses while attending the conference . Registration Dues Room Meals Airfare Shuttle Other Total $625.00 50.00 1,116.00 288.00 404.50 100.00 J50:.00 $2933.50 If you need additional information, please let me know. Thanks. •. .. • • 0 , ~? I .. -• - 0 ,, -' . . -- • • I · • C ' ' • • ,,,, . 0 : . • • • I . . ' • • ,,_ ---. . - 0 • --,.,...---- -------- ----- --,-+--- _---~ ------ • ., • •· • 0 • • - 0 ;-. . -' . . I. . ' .J. ' . . ,,; ,.r, • • • • ' I f • - 0 . • ' • I . . I ' • - -. ' • • • • • • ... . -. . I. . C , I • - - ~--{11 : /)f2_ c-~ 'fp--- -~ ~\ ----_ -1- --~"' ---~~~L~~ - ---ltr./1_ ~ /JJVuv tu-bMU • - ~ 'v '4/lii;~~ • ~ ~ '/J-t--~~ ~ dJ/,d .~-I . ,,..r... ~4,1(__ Y»:--I)_,, ~~ • • • "' - - 0 -< .. .,,-. " . . • ., • I . . 0 ' • 0 • ~-------- .... fl • • I • • C , • - • • 1. 2 . 3 . 4. • . (• • '· ~~ :E~~R::: ~, {~ ~-. REGULAR MEETING OF . 't~ ~ ~ ;~.,Wl'I.E ENGLEWOOD CITY COUNCIL {10 ~ ~ MONDAY, JANUARY 18, 1999 ~ 7:30P.M. Call to order. fl '-sv, ~ Invocation. /)~ Pledge of Allegiance. /J,y" ~ ..J A.hf ? A RollCall. lj ~ 5. Minutes. ~ b-Oa. Minutes from the Regular City Council meeting of January 4, 1999~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Parks and Recreation Director Jerrell Black will present a plaque given to the City of Englewood for its contributions to Western Welcome Week. 7. Non-Scheduled Visitors. (Please limit your presentation to five minutes.) % 8. Communications, Proclamations, and Appointments. fJJJ J#d,1J 9. A resolution appointing Julie Grazulis as City Council representative for District 111./JII'~ The new City Council District Ill representative will be sworn in by the Honorable Judge Vincent Atencio. c. Brief Recep~· . /IJ.JMuJ.--'1: 0 Public Hearing. (None e- ,..... nola: •vau tww• dlaablllJand ..... .....,.._ •• a1a11, ....... nomy .. Cllyol ll.fllsaODII (30l-1U-Mll)a11Nat41holnln ...... ol .................. 1"-*yau. •. .. • • 0 I -• • t• • Englewood City Council Agenda January 18, 1999 Page2 10. Consent Agenda . a . Approval of Ordinances on First Reading . ~val of Ordinances on Second Reading .~ ii. Council Bill No. 1, approving a License Agreement with Advanced Storage LLC for crossing the City Ditch . Council Bill No. 2, approving Valley Supplement #21 . iii. Council Bill No. 3, approving an Intergovernmental Agreement for Joint Funding between the City of Englewood and the U.S. Geological Survey for two Gauging Stations . a . Approval of Ordinances on First Reading. / 3/v ·_ 11 . Regular Agenda. w l>b~ i. Recommendation from the Utilities to adopt a bill for an C,(11f' "? • ?'-0 ordinance approving a Temporary Construction Easement to the Highlands Ranch Metro ~-JSil'lf. SOURCE: Stawart H. Fonda, DINCtor of UtlllllN. /fJ(l-(1,0f""~ b. C. App? of Ordinances on Second Reading. Resolutions and Motions . fr 12. General Discussion . a . Mayor's Choice. b . Council Members' Choice . 13. City Manager's Report. a . Englewood Center Update . ....._ nale: •,-haw a cllaabllty and neacl audlary alda cw wvtcea, ....... nallfy .. cay of lf .... aaod Pll-1911111)81 ..... 41 houra In advance of WMII wvloN .. ....._ 1-* ,ou. • . .. 0 I • • 0 - • • • • ·, • Englewood City Council Agenda January 18, 1999 Page2 10. Consent Agenda. a. Approval of Ordinances on First Reading. ~val of Ordinances on Second Reading.~ ii. Council Bill No. 1, approving a License Agreement with Advanced Storage LLC for crossing the City Ditch . Council Bill No. 2 , approving Valley Supplement #21. iii. Council Bill No. 3, approving an Intergovernmental Agreement for Joint Funding between the City of Englewood and the U.S. Geological Survey for two Gauging Stations. a . Approval of Ordinances on First Reading . / 3/v 11 . Regular Agenda . {!i;J. Ii tJ~ i. Recommendation from lhe UlilitiN to adopt a bill for an C,CW '? • ordinance approving a Temporary Construction Easement to the Highlands • lfJJnJ?-o Ranch Metro~-p_f-90URCE: ..... H. Fonda. Director of vrrCA. --lfllHJU"'~ b. c . ~ of Ordinances on Second Reeding. Resolutions and Motions . fr 12. General Discussion . a . Mayor's Choice. b . Council Members' Choice . 13. City Manager's Report . a . Englewood Center Update. ,..._ nol9: •'°",-•......,and nNd audlary .._ or •rla11, plwe nallfW .. ca, ol Bl ..... aood ~JD.MIi) ....... 41 hours In ..... olwlwl ..,,_. .. ......_ 1-* ,-. •, • • • 0 - ~ood City Council Agenda Janlay 11, 1999 Page3 14. City Attomey's Report. • ,. . ~ • rM~.~CJ:oJ.-jWJ ' Th:cg minutes were transmitted to City Council between 12/31/98-1/14/99: • Englewood Clean, Green and Proud Commission meeting of November 10, 1998 • Englewood Cultural Arts Commission meeting of December 2, 1998 • Englewood Firefighters Pension Board meeting of April 9, 1998 • Englewood Firefighters Pension Board meeting of July 9, 1998 • Englewood Liquor Licensing Authority meeting of December 12, 1998 • Englewood Liquor Licensing telephone poll of December 16, 1998 • Englewood Non-Emergency Pension Board meeting of July 14, 1998 • Englewood Non-Emergency Pension Board meeting of September 24, 1998 • Englewood Partcs and Recreation Commission meeting of November 12, 1998 • Englewood Planning and Zoning Commission meeting of November 3, 1998 • Englewood Public Library Board meeting of December 8, 1998 ,.....noll: •,au,-adl11~a,...a .. ....,a111a.-u1111, ............. CIJCJl .... 1 Nd (IOl-112-14G1)al ..... 41houraln ........................... ,....,... ' ' .. •. ' • • 0 , - • • • • • .... • February 16, 1999 Regular City Council Meeting -- ·. • .. 0