HomeMy WebLinkAbout1999-01-04 (Regular) Meeting Agenda-
January 4, 1999
d City Council Englewoo
•
• •
/,;,< 4 5, 6, 7, 8 .. 3, , ordinance w ' /;J, 10
/ ,( 4 5 6, 7, 8, 9, Resolution*/""• I'/~' , ,
" -
•
..
0
•
I· •
0
-• #J -
• l •
•
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPABOIE COUNTY, COLORADO
J-,y4,I"'
l. CalltoOrder
The regular meeting of the Englewood City Council wucalled to order by Mayor Bums at 7 :33 p.m.
2. l.avocadaa
3. l'Waefl~
The PledF m Allegiaa-lod by Mayor Barm.
4. ...Cal
Ablent :
A quorum wu prmmt.
Mayor Bums llicl we ~ a tleW:lllh milling• )'OU imy all know. Council Member Laurie Clapp bas
bcco clec:tcd to the Colorado Houac of Rcprclemaliwl and 10 lbc • relipod from Council and we will
be replacing her in January by the Council \'Ole. So we have six ...... mtbc Council at this meeting.
5. M-*'
AIIO praeal: City M8IIIF' S...
City Aaomcy Bnllzmm
City Clcrt Ellis
"-'-Cily Aaomcy Reid
Din,ctar Eatma, ...... a-na
(a) COUNCU. MDDal allADSIIAW MOVIED, AND rr WAS SIECONDIED, TO
APPROVE THE MIN1JTIES 01' THE IDGULAa IIU'l'DfG OF DIECDDEll 21, 19'1.
Motion carriod.
7 .
Ayes : Council Memllen Nallllolz, Garrett, Bndllln, Habcnic:k, w...--. 8urlll
Nays : None
(a) Mcliaa Mapc, 5776 South Lowell Way, Utdelon, Colcndo, --• wu bcR toaigbt
to pram to Council a caae tbal's bcco ~ about when she and her bulbmd recently pun:haled land
"°l• "'"~ ....
'~ • • l. • I '"!
. . . ' .
• .
I
..
• •
0
I ,,,.. I
-
•
•
•
Ens!ewood City Council
January 4, 1999
Pasel
• ,. -
0
•
in the City ofEnglewood and put a manufactured home on it. Everything was done properly, she
maintained, and they bad the permits issued Slaling it was a RllD!•filctumS or modular home and recently
they received a notice saying that they bad to 1C1110YC the ltnlCturc because it was an illegal structure and
classified as a mobile home . Ms. Magee Slalcd they have all the copies of lbc pcnnits staling it's a modular
home and pictuRs that she wanted to preacm to Council. Ms. Magec app,oacbed the dais and passed them
around. She said it was booked up to all the ulilitics and that it was pasted by the City of Englewood. She
also showed Council a permit for a modular home &om the City of Englewood. She explained that they are
stating 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 cbanged. She said she has seven copies right here
and also anothcr copy of the pamit staling it's a modular home. And there arc more permits, she said, from
the City of Englewood where it states it as a modular manufaccurcd home and then papers &om the loan
that they signed to buy the manufilcturcd home. Ms. Magee said that there was one thing she did not have a
copy of and that was the definition of a manufaccurcd home. Mayor Bums thanked Ms. Magee and noted
they would pass the information around to the Council members. Mayor Burns 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 issll<lC!
a permit Slating 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 Slated that it is 101 West Layton.
City Manager Scars advised it is not zoned for a nmbilc home . 'Ibll, 111 be undenlands it, manufactured
homes arc allowed. He askcd if they arc going before lbc Boanl of Adjullmcnl and Appeals. Ms . Magee
said they have a hearing set for Fcbnmy 10th bd'orc lbc Boanl of Acljullmcnt and Appeals . Council
Member Bradshaw askcd if that is to gnnt a vailncc.
Council Member Waggoner said that was not IOIIICOing we can act on tollipl anyway. Mayor Bums said
he dido 't think that would cwr come to the City Council. City AUomey Brouman said no that would be
with the Board. Mayor Burns agreed that it would be with the Boanl and then if there was an adverse
decision there it aJUld go to Dilllrict Court. It's not a amacr thal would cwr come before the Council.
Mayor Burns explained to Ms. Magec that the lcpl ltnlCturc 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, we appreciate you bringing
this information to us, he said.
Council Member Waggoner said that there would be a dilfcrcncc bctwccn whctbcr she goes to the Board of
Adjustment and Appeals for a varianoe if it• s within our Code to build that structure • that location. He
said it sounds like there's a queaion on whether it's a modular home or a mobile home. Mayor Bums said
that sccmcd to be the question. Council Member Waggoner said we oughl to IUm it over to our City
Manager and let him take a look into the prooesa.
Council Member Bradshaw asked the City Manager ifhe was aware of this. City Manager Scars said he
was aware they were given nocicc and he knew they were in the process in terms of going through an
appeal process.
Council Member Gam:U said if it was a modular home she wouldn't need a variance. Mayor Bums said if
it was a IJUC modular home you wouldn't need a variance.
City Attorney Brownan added there arc two prooe11CS to lbc Board of AAljulbncnt and Appeals, one is a
variance, the other OIIC is not a variance, it's • appeal of the builclilll code ldminillrlton decision . That' S
'
., ..... -
• •
C
•
•
•
Eapwood City c-il
J-ary4, 1999
Paael
•
0 t• -
the appeal ponion of the Board of Adjustment and Appeals, so that would be proper for that Board to look
at
Council Member Nabholz asked ifwe, as a City, issued permits for the structure to be put there and then
now we have said that is not allowed. Mayor Burns 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 he thought that the Building Dcpartmcnt may have, pahapl in cnor, given the permit thinking it was a
modular home, when in fact when it was built by the apecific:ations it ended up to be a mobile home . He
opined there is a fine clillinction between thole two. But. he said, once that was i5sued, and even though
that was an cnur'--it's not allowed in that zone dillrict, they could notjult II)' we islued it in error
so you can !lay al dial place. 'Jbcy bad to allllply with wbal the Code calla out and then go tluough a
proc:as to appeal dial clecision to allow a variance to occur or not.
But. CouDcil Member Bradlbaw llid, ifit'sourlllfl's cnur. City Manqcr Sears responded that if it 's our
lllaft's error but it's llill wrung, our swr doesn't have the ability to go outside the Code . The problem is
there is a fine clc:fillilioa betweca what a modul.-and a Dmlufactured house is. Mayor Burns said there are
olbcr issues 11111 can come up also on this, 1cpl issues tbal arc equitable in nature that mighl bear on this
too.
Council Member Habenicht asked thal the Council be kept informed. City Manager Sears said that yes he
would do that
Council Member Bradshaw advised Ms. Magee that Council wiU remand this to City Manager Sears and
he'U keep them informed of what goes on . She tbamcd Ms. Magee for her time.
Council then asked Ms. Magee if she wamed her IIIIICrials back. She took everything she did not have
copies of. Apin, Council tbaakcd her and wisllcd her pod luck.
(b) Yldlka Map, 5776 Saudi LoMll Way, UUlctoa, staled he is Melissa's husband and
they purcbascd the home through Oakwood Homes and Nlically bad all of the permits okayed. He said
they were suppoaed to mow: in a week befon: Cllriam. A week befon: tllll the 1.0lling impcctor, Charlie
Peay, called bim ap OIi i Friday~ after be IIJl home fram work and lmically he was very rude and
said lbal he bad to remove the boulc 6om the property wbic:11 be bad pun:llued from his Grandma . Before
the house was put in, Mr. Magee explainc,d, it was a yard and it was plWII to be too much up-keep for his
Gnndna, ID he ~ the land from her. He ..... dlil ... beaa really llrellful. He said Mr. Petty is
calling it I mobile home . Mr. Mapc OOP! ......... dial bis OWII clefillitiaD of I mobile home is DDCthing
that can be cuily fCIIIOYCd off of the prupaty, off the land. 'I1lil bad a bmdalioo put in just like a rqular
house and when the hoUlc is brought in it's broupt in on two flat bed trucb ID it never was on wbccls, it
was asacmbled. The two pieca MR IIIIC!Dbled and it's beaa lltacbed. It's beaa welded and bolted down
onto the foundation and the acxt day they got a leacr from Mr. Petty saying that it bad to be relllOYCd in 30
days or they would remove it at our cxpclllC. Mr. M-.c said dial if they were to do that it would not only
Nin the house, but it would hmt a lot of people too ... bis family, bis daughter ... bccausc he is trying to
provide her with a Sllblc home for my family and myself.
Mayor Bums asked if Mr. Magee had all of bis plans and specifications submitted to the City at the time
the pcnnit was issued . Mr. Magee said yes, he had blucprinls of the house drawn up from the contractor
and they were submitted, landlcaping blucprinls • well.
Mayor Bums said as they told his wife, Council is ming the City Manapr to follow up on this and sec
where this is at That even though, lcgally, this may not come befon: the Council, they would like to
review the process and just sec wbal llaff was doing here and whal the proccss was . We could perhaps, he
'
.....
...
-
•
Ea&lewood City Council
Juuary ,, 1999 ....
•
0
•
" -
said, help them out in the Board of AdjUSbllelll area with at least some Slaff decision malting 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 top of it. he noted, he just
knows that there were some actions that were taken by boCh NBD and by Lance Smith. He acknowledged
that, obviously, these people were affected . He said he was sony 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 that DWl!ifacnlled housing bu beoomc much more acceptable and has changed in
definition and terms in the put --1 years. 1bc Housing Authority has built a couple of homes over on
Pennsylvania where you put two pieces of the boullc together. 1bcy came in on trucks but they're two
story homes that look like they 'vc been there for twenty years and very nice looking homes . They are not
anything like a mobile home but you can do that kind ol housing. build it off' site, bring it in and bolt it
together .
City Manager Scars said that he undcnlood that that's what is pcnnittcd there ... manufacturing housing.
But that be undcnlood that mobile homes were not.
Council Member Garrett 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 be 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 Scars said the only thing be knows is that in that zone a mobile home is not permitted and
that is what the issue was . But, be said, in terms of the process of how 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 Ouillmas, that that made her sad.
(c) Vern Pisbna, 31S8 West Farmdale Road, Sbcridan. staled that be was a fonner member
of the Sheridan City Council and they bl\'C been tbrougb this in Sliaidan too. 1bc home is a modular
home, he said, and everything she bu prclel1led to Council will show that the dclcriplion of the modular
verses a mobile is quite cliffcrcnt. A mobile home is DO( aaac:bcd to a foundation. We went tluough this in
Sheridan, be noted, and found that there's DO way WC could llop. modular home &om a,ming in on I
foundalion, that it didn't mike-to, bcaulc it 's a nice llnlC:tlR, it's a very well built home . We went
to the trouble of having a 111111« dcctrician, IIIIIICr plumber check the building lbUcturc out. 1bcy said it
exceeds all SlaDdards of the Uniform Building Code, which be was IIUl'C Englewood accepts the same as
Sheridan did Mr. Pishna 5lalcd be really doesn 't see why this should go to the Board of Adjustment and
Appeals, it didn 't in Sheridan. We just went abcad and said, well , this is not a mobile home , ii is a modular
and we allowed the people to put it in. He staled he really doesn't undersland what 's happened here, how
they got the permits issued ahead of time, got the home Id and then all of a sudden somebody decided ii
was a mobile home . In Sheridan thal didn't happen. Mr. Pishna advised thal the Sheridan building
inspector says, well , it 's a mobile home bccauac we had IODIC antiqualcd ordinances that in our ordinances
quite honestly it was , so our building inspector was correct. When we really got to checking into it , he
said, the stale didn 't agree with us and it was not true thal ii was a mobile home, it was a modular. Mr.
'
• •
C
. [!,;\
• , I JI
-
Ell&lewood City CCNIKU
J-.ry4,1999
.... 5
-~
,.
• ,. -
• •
Pisbna opined that it is a very Dice llnlCbll'e, it's an addition to the community and be advised Mayor Bums
and Council Member Habenicht that that's what you've got here.
Mayor Bums aid the City Manager's goingtoc:bcclt it out and• they said Ibis doesn't oomc before the
Council for decilioo.
Mr. Pisbna said be was 111re Guy Scars wu not aware of exactly what all wu going on tbcrc or hasn't had
• c:bancc to loc* at it and be lbould be a1loMd that opponunity. He noted be lnllltCd that Council will
make a good decision here whm they haw the proper knowledge u to what's going on and what they've
got tbcrc. Mr. Pisbna said be rally lnllU that they will pc tbclc kids a place to live and be happy with
the IIIUclllre they put in your community. He tbanked Council Mayor Bums thanked Mr. Pishna for
ooming.
(d) Dorothy Andrews, 4791 South Acoma Sired, advised that she lives just north of the
modular home and tbat lbc owm the two loll tbat it was put on. It's all ready 10 be for Melissa and Yulaka
Mape to maYe in, Ilic adviaNl. 'Ille _. is in, the wam, the eleclricity is all ready for them to ocaapy it.
She Died tbat lbc deeded the two 1o11-10 la dauglMr and ...... ., YUlab Magee could have a
place to live i-. they're killd of ia a bind ripl -and lbc dlaupt Ibis would help them out. She
said Ilic clida't dmt tbcrc would be aay pralllem. SIie ....... a a,..,ie ofpiclma 10 Council to show
what is-the 111m from ..... • old-*-.._ al a lllmdod llP ...__ T'bcld'OR, Ilic noted, lbc
dido 't think tbcrc WU going IO be my prablem • all. 'Ibis Im fl* OIi aii -long up lllllil DOW and
it's gdling too muc:11 for all of 111, * aid. Ml. Amftl llalllll lllll * is afraid, wida all of Ibis going on.
tbat llbc is on the vcr,c of a bnllldowD ad dill's all dlele is to ii ... dlis Im been too much. Mayor Bums
Died thll Council llllilla ......... dlis ... beell llnllfial. Ml. ~ said lbc is trying to bclp
IOllld>ody out and tbat Ille miled Ylllllb Nape lllllil lie -live ,-rs old IO dill's why she feds panial
to him. Mayor Bums .................. the ....... caaillg.
8.
(a) A leaer from S-Va o,ke Uldic:ldllt lier nwi ....... from the Clean, Green and
Proud/Keep Eapewood Bealtillll C · · re w ca 11 11111.
COUNCIL MDl8&ll NAallOLZ MOVED, AND rrwAS RCONDED, TO ACCEPT Wfl1I
REGRET TIR llESIGNATION 01' SUSAN VAN DYD noM TIR CLEAN, GREEN AND
PROUD/DU ENGUWOOD a&AU11'UL COIDIISSION.
Council Member Nabbolz affercd a big dlll* ,-ford of• yean oa the Commission.
Mayor Bums agreed -,IUldy. He aatod lbc is n:locllillg to Cade: Rock and that's a big loa for the
aJIIIIIIUllity and we rally appec:iale al of the wort M S-. Vm o,ke bas done. She's a former Mayor
of the City and jult put iD --.....r of wort far dlis City -the yean and we arc very sorry to
sec her go, be said.
9 .
Ayes : Cauacil Mllllben NIIIMlz, Gema, B......_, Habeoic:bl,
w...,...Burm
Nays : Nolle
No public bearing WU ICbodulcd before Council .
·, . '
. U, ~ .
I 1 j -
I .
..
• •
0
,
-•
• , .
•
<.
l:a&lewood City Couacll
J-.-y ... 1999 ... ,
10. c-tA&mda
(a) Approval of Onlinanccs on Finl Reading
COUNCll.. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (I), (Ii) ud (Iii) ON nRST READING.
(i) COUNCll. BILL NO. 2, IN11lODUCED BY COUNCll. MEMBER
BRADSHAW
A BILL FOR AN ORDINANCE APPROVING SUPPLl!MENT NO. 21 TO nm VALLEY
SANITATION DISTIUCT CONNECTOR'S AOREEMENI' wrrH nm crrv OF ENGLEWOOD TO
INCT.UDE ADDmONAL LAND wrrHIN nm DISTIUCT BOUNDARIES .
(ii) COUNCll. BILL NO. l, IN11lODUCED BY COUNCIL MEMBER
BRADSHAW
A BILL FOR AN ORDINANCE Al11110RIZING A "LICENSE AGREEMENr BE1WEEN
ADVANCED STORAGE lLC AND nm CITY OF ENGLEWOOD, COLORADO FOR CROSSING
1lfE CITY DITCH AT SOOl SOUl1f WINDERMERE STREET.
(iii) COUNCIL BILL NO. 3, IN11lODUCED BY COUNCIL MEMBER
BRADSHAW
A BILL FOR AN ORDINANCE Al1JHORIZING AN INTERGOVERNMENTAL AGREEMENT
ENTITI.ED "U .S. DEPAR'IMENI' OF INlmUOll U.S. GEOLOGICAL SURVEY JOINI' FUNDING
AGREEMENT FOR WATER RESOURCES INVESTIGATIONS ."
Motion c:anicd.
Ayes : Council Memllas Nlbllalz, Gama, Badlhaw, Habcnicbt, w....-.....
Nays : None
COUNCll.. MEMKll WAGGONUl MOVED. AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITUI II {It) (I) ON SECOND 111:ADING.
(i) ORDINANCE NO. 1, SERIES OF 199111999 (COUNCll. BILL NO . 81 ,
IN11lODUCED BY COUNCll. MEMBER WAGGONER)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENl'AL AGREEMENT BETWEEN 1lfE
CITY OF ENGLEWOOD, COLORADO AND ENGLEWOOD PUBLIC SCHOOLS WHEREBY
ENGLEWOOD WILL HOST 1llE ENGLEWOOD PUBLIC SCHOOLS WEB SITE .
Vote-'tl:
Ayes :
Nays:
Motion carried.
Council Membcn Nlbllalz, Gama, Badlhaw, Habcoicbt,
w....-.Bums
None
(c) Resolutions and Mouom
'
II -
• •
0
'~? I
En&lewood City Council
JUUIU)' 4, 1999
Paae7
,,
•
• •
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (c) (i) ud (ii).
(i) RESOLUTION NO. I, SERIES OF 1999
A RESOLUTION DESIGNATING THE BULLETIN BOARD IN THE LOBBY OF ENGLEWOOD
CITY HALL AS 1lfE OFFICIAL POSTING PLACE FOR ALL NOTICES OF 1lfE CITY OF
ENGLEWOOD .
(ii) RESOLUTION NO. 2, SERIES OF 1999
A RESOLlJTION ADOPTING A LIST OF PERSONS FOR APPOINTMENT AS HEARING OFFICERS
FOR DISCIPLINARY GRIEVANCES.
Voteraaltl:
Ayes: Council Members Nabbolz, Garrat, Bradshaw, Habenicht,
Waggoner, Bums
Nays : None
Motion carried.
11. Replar A..-
(a) Approval of Ordioaoces OD Finl Reading
There were no additional items submiUcd for approval oo first reading. (See Agenda Item 10 -Consent
Agenda.)
(b) Approval ofOrdioaoces OD Second Reading
(i) Council Bill No. 82, approving an~ Agreement with the City
of Sheridan for Englewood IO puyide ilHiod contributions for the renovation of the Oxford Bridge was
considered.
Council Member Bnidlbaw llalcd that we occd to proceed with this bill C\'CD in light of 1101DC rcccnl events
with our sister citY Sheridan and IO lbow 11111 we act in good faith. I think this will benefit our citizens who
use the golf counc .
COUNCIL MEMBER allADSIIAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (') (i) • COUNCIL aILL N0.11
Mayor Bums qrccd with Council Member Bratllbaw dlll we mould proceed ahead with our odier
agn,cmciu with Sbcridao that arc beacficial to our c:iti7.cas in llpite oe-rA the other conflicts we are
having at the IDOIIICDI. He opined that ii is coostructiw: IO mow: abcad.
ORDINANCE NO . 2, SERIES OF 1998/1999 (COUNCIL BILL NO. 82, INTRODUCED BY COUNCIL
MEMBER BRADSHAW)
AN ORDINANCE AIJl1fORIZING AN ORDINANCE AIJl1fORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN 1lfE CITY OF SHERIDAN AND 1lfE CITY OF ENGLEWOOD
PERTAINING TO FUNDING OF THE OXFORD STREET BRIDGE REPLACEMENT PROJECT.
Vote raulll:
'
• .
...
. --
•
,
•
•
•
Eapwood City Council
J-ary ,, 1999
Pqel
•
0 I •
•
Ayes : Council Members Nabbolz, Gama, Bnidsbaw, Habenicht,
Waggoner, Bums
Nays: None
Motion carried.
(c) Resolutions and Motions
(i) Mayor Burns staled 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-T Corporation. He DOied this is the item they discussed in the Study Session this
evening.
Council Member Ganett advised Mayor Burns that he would not be able to panicipate as he is an employee
ofTCI.
Mayor Burns 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 Anomcy Reid said that the City Anorney's office would recommend the adoption of a
resolution COIISCllling to the 1111111f'er olconlrol oltbc City's Cable Tdevision System Franchise to AT & T
Corponmoo . Ms. Reid asked if there were any questions.
Council Member Bradshaw 8*cd if the wording ol this is the way ii lhould be . Ms. Reid said no, that
there arc IICYer8l typographical errors llmlkl to computen. They bavc a laldcncy when you change the
lpClliDg ol one they c:blDF the apelliDg ol evcrylbillg. ., there are fnDduec wbic:11 sbould IIY franchi1e
but lbolc arc typographical cnon llld we will pt lbolc comcfcd. Ms. Bnidsbaw atked if they impacled
the COlllalt 111d Ms . Reid lllid no, they do not. Ma. Blldlbaw llid, may .
The rcsolution was assipcd a number 111d read by title.
RESOLUTION NO. 3 SERIES OF 1999
A RESOLUTION OF TifE CITY OF ENGLEWOOD, COLORADO CONSEJIITING TO TiiE
'IRANSFER OF CONTROL OF TifE CITY'S CABLE TELEVISION SYSTEM FRANCHISE TO AT-&-
T CORPORATION .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (I) -RESOLUTION NO. J. SEIIDS or 1"9.
Mayor Burns asked if there was any dilCUllion or any quellions .
Council Member Waggoner said it was bis UDdcnmndiDg that this clocl DOI clrmge per IC who our
franchise is with, that it is llill with Mowuin Slafea Video lac. Ms. Reid llid, yes, Iha! it cblDges only the
parent company . Mr. Waggonerlhcnatked ifall thetermsolthe fiancbile wen: llill the same. Ms. Reid
said all the terms olthe franchilc arc the IIIIIC. The people we've been oegotialing with for ycan arc , at
the moment, lliU the IIIIIC. TlwR may be .,_ corponre policy cbanges aver the period, but at this point
we're not sccing any oflhem, we're llill dclliDg wilb the amc Mounllin Sllltea Iha! we've dealt with.
Then, Mr. Waggoner llid, all this clocl is c:1-,e the tap layer, the \'CIY tap layer. Ms . Reid aid yes .
Ms . Habenicht llicl, for the ruord, it clocln 't commit III in any way, in any terms ol policy that we might
have or wort for or apillll in terms olthe tdccommuaicationl indumy. She 8*cd iflhal is right? Ms .
Reid said, no it clocl not .
'
•• ......
• •
0
'
-•
• -
Eaakwood City CCN1acil
J-ary 4 , 1999 .. ,
Mayor Bums said that it leaves us the options that Km Fellman said we still have . Ms. Reid said it leaves
us those options ... any future negotiations that we have regarding our fnncbile. our particular franchise , are
still open.
Vote-at.:
· Motion canied.
Ayes :
Abstain
Nays :
Council Members Nabbolz, Bradshaw, Habenicht, Waggoner, Bums
Council Member Garrett
None
(ii) Mayor Burns ldviled that this is a recommendalion from the HWDID Resources
Deputmmt to approve, by IDObOII, the adcclioo oC a Hearing Officer for the Jeff Heniot appeal.
DiRICCor F.lloa llid lhe is recommmdi• the c.ounaJ approve by motion the lldection of a Hearing Officer
for the JcffHeniot an-J.
Mayor Bums asked if there is I --officer here, I i-ing officer. Mr. Brotzman responded that on the
earlier A,mda 11cm there were three -. Ben AilCllberg. Roa Cohen and Harry Macl..ean and Council
needs to adccl one oC the three.
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE THE
SELECTION OF BARRY MACLEAN AS HEARING OFFICER FOR THE JEFF HERRIOT
APPEAL
Mayor Bums asked City Aaorney Brotzman if he bad any aJIIIJIIClll or recommendalioo . Mr. Brotzman
ldviled that bis role, the Cily's role ii 1h11 they DCpliate the dne-and then Ibey won't make a
ra:ommendllion beyoad those dne --to Council, Dor should the union for either of the two
individuals .
Ms. Habenicllt asked c.ounaJ Mclllber w.....-wily he aelec:tal 1h11 s-ticular --the others. Mr.
Wagoner llid it loobd like he 111d a pad bal:qroad. pnay pad cxperieece and dllt 101t oC dling. Ms.
Habenicllt aid cay. Mayor Bini llid lie ...... dley -pnM,ly all llialilY qualified.
Vote.-la:
Motion carriod.
Ayes : Council Members Nallllolz, Gama, Bmdlbaw, Habeniclx,
Waaoner,Burm
Nays : None
(iii) Mayor Bwm ldviled dllt Ibis is a rrcommendalioo from the HWDID Resources
Deputmmt to approve, by moliOD, the adcclioo oC a Hearing Officer for the Stan Wall appeal .
COUNCO.. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE THE
SELECTION OF RONALD J. COREN AS HEARING OFFICER FOR THE STAN WALL
APPi.AL
Motion canied.
Ayes : Council Members Nallllolz, Gama, Bllllllbaw, Habeniclx,
Wagoner, Burm
Nays : None
12 . c--.11 ........
(a) Mayor's Cboic:e
'
..
• •
0
I
------------------------------.----------------c,~-----------------,, -
Eapwood City c-11
J....-y4,1999
P-.elO
0
•
I •
(i) Mayor Bums mentioned that RID is having a reception tomorrow night for it's
new board mcmbcrs, which he plans to attend. He noccd that they believe this will be a much more user
friendly RID Board and be even more favorable than the past one to light rail . Which, he opined, will
benefit us in some manner in the Southwest Corridor and indeed, the Southeast Corridor as well .
(b) Council Member's Choice
(i) Council Member Nabholz:
1. She adviled lhll sbc MIiied to 111111 iD her repolt 111d dllak the Council, as well as the cilium of
Englewood, for allowing her to aacad die NLC Coafrlmce. She aid sbc aim bas ooe odier cel1ificatc that
sbc is waiting OD wbicb w a fw WIWI dw ca die Tea Habits ofl!ffec:liw City Councils, which is a
propam dial they cumndy -111111s Mayol' Marpnt Carpe.-iD 1bornlOll. It -a very illleresling
dw and there -a lot to lcall.
2. She DOied thal Wcclnmlay aipr lhc allClldcd the Sberidan Planning and .lolling meeting. She
said sbc just waled to say tbmt you to our City Aaomey for the C\'Cr watchful eye and his gracious
behavior. Ms. Nabbolz maintained that we as a Council need to ~ to support our staff in the
direction that this goes.
3 . She said sbe "-5 Council Member Habenicbl m llalal -c::oncems in regards to Wal-Mart
and Ille would like to cballalF Council to take a trip out to the Higblaads Ranch AMC 24. She
commented that it is a sea of parking and lhc voiced her concern that we will not have enough parting over
here. Ms . Nabbolz adviled lhll lhc bas been there three timca within the last lix weeks just trying to find
out if it' 1 just a cenain time the tmflic is bad or not and it -very alarming to her.
4 . She adviled lhll she bas a leaeF from the Euglc,wood HillOrical Society. She noted it had been
rcquelted that IO!DCOing be put iD wriliag as to the_. of 1pace they need at the new Cily Hall.
(ii) CouDcil Member Gama aid be lad OIIC item wbicb deals witb die people that
lpOkc at the open mike ICllioa. He llaled dlllt be waald like die City to at leall take a lanl loc* at this,
becaUlc if the City bas made -killd of Cfflll' it-like mrening dlllt Cfflll' bcfOR it bas to go to the
Board, would be a rccounc . He aid be -dlllt there is 1D111C kind of pn,cedurc where the Building
Deputmcnl can say -have maamined die lilumlNa 111d we are pulling the nocice. If we have made an
Cfflll', he aid, be would like the Cily to secdfy dlllt bcfOR M have to put ftlllR citizms tbrouglt that kind
ofeffon. lfit llll'lllout dlllt it'1acao.r.-..111a t1111 ... lle felt dlllt the City bas to loc* • tlleir
participabOll iD the Board 111d bow mudl mal llley try to paab dial~-Mr. Oam.u adviaal dlllt he is
conoemcd dial llley aw the dmriap. they aw a lot of the Wiall and we jull lme to be c:areful as a
City to ay, •o11, -mind, lllic dlllt away".
Mayor Bumi aid be thiml lhll iD die muaici ... aa too, tbal be lbougbl the i:ue law is that the
expenditure of mooey and building of ltnlClure am opente u an Clloppel .
Council Member BnMllbaw aid lllll we doa't kmw bow that wu rcpreaented to than by the sales penon.
She~ that it IOUDds like it could boil down to just acmamica ... tbis is a mobile home this 1s a
modular home. She 111ggatcd that aaybe that's -.«'Abing we need to addreu with our City Code.
Council Member Gam:a added lhll the dcfiDilion of mobile home if you rad it, includes a permanent
foundllioa . It doCln 't have to be just liaiq up like you would tbiak it c:an be on a permanent foundation
with~ homed up . 11'1 a r,ay area.
'
..
.,
• •
0
,
Ea&lewood City COIIIICII
J-ry4,1999
... 11
•
0 t• -
City Manager Scars said be didn't know that it was• far along• it bas been described tonight He
thought it was in the initial construction phaae, • c,.._t to sitting thae. We will definitely follow up, he
said, if we are remiss in the way we imerpmed the Code and we have given it to them. He advised thal he
will have to COIIIUlt with Dan Brocmmi and they will give them every benefit of the doubt so we don 't
have to put them tllrougb a hoop. Council Member Garrett noted lhal the City bas to protect itself. City
ManaF Scars said lhal it was much further along than be anticipated.
Council Member Waggoner said that we need to act quickly before it goes to the Board of Adjustment, if
thal's not necessary then it shouldn't go .
Council Member Habenicht said she knows the gcotleman talked about what had happened previously in
Sheridan, but if we are looking • a definition problem maybe we need to look into if this particular
manufactura-or ales group is working in allier COIIIIIIUllities . She opined that we just need to look into
thM and to mike 11ft thM we are both protecliDg the citimls and alao the imcgrity of our zoning at the
same time. lfby -cbance they line been 1111111, 11-I tbim maybe we need to work with them on their
behalf, she said.
Council Member Garrett said thM buically the coatract for the mortgage puts the burden on the borrower
to make sure it complies.
Mayor Bums noted that there are a lot of issues there.
(iii) Council Member Bradlbaw:
I. She tlwud everyoae for the birthday cake, which she thought was nice.
2. She advised that sbe received the EngJewood Code Enforcement City Wide Pride in the water bill
this IIIOlllh. It's a pod llnx:biR, it -put out by the Code Enfon:emeat Committee with Byron Wicks as
advitory to it, and boy, sbe aid, it-all kinds oftbinp for our citizens. She noted it is only going to
go to the people who pt the water bill and the Wllel" bill may go to --die and she wished there was
a way we coulcl pt this to every property in Englewood bccaulc it's really invaluable. b bas all kinds of
phone numbers, tells them whit tbinp are okay, what tbinp are not okay .. .it's excellent. Ms. Bradshaw
said she wamcd to complimall the Code Enforcemeat group on this.
(iv) Council Member Habenicht :
I . She said she's glad that Mayor Bwm is lllalding this RTD reception.
2. She advised there is a DRCOG orienlalioa for eloctal ollicials if anybody's inlaaled in
attending. on 'lbundly, January 1" • 4 :30 p.m., if anybody wants to know DIOR about DRCOG .
3. She noted sbe would like to lllmd the CML LegislalM Worbbop lbunday, February,•. She
said she would be attending the Policy Committee IIICdiDg after tbllt the next clay.
4. She ltalCd tbal sbe is giving -ICrious COlllidcnlioll ... and sbe med tbal Council bear with
her,• she thinks about it and IUppOll her if Ilic decidel to• to 10 al..t to the NLC Conference in
March. Ms. Habenicht said sbe bas been toying with it and after today's ditamioo about the
telecommunications, she knows that will be heavily talked about thae and it' 1 an issue lhal she's been
trying to follow for a long time and sbe would like to COlllinue working with that issue. So, she said, she is
going to think about it, so if Council pts a rapat from her lhal will be why.
5. She said tbal Council Member Waggoner poinled out tbllt the letter from the Historical Society,
that Council Member Nabbolz brought to our aamtioa, did talk about poaibly having a pan time
'
... •·
'
-
•
•
l.ll&iewood City CoucU
J....-y4,1999
P .. 12
.
'
•
• L•
•
Englewood hillOriaD librarian. She said she would guess lbat she would like to cominuc looking al that as
a possibility as our library Slaff expands.
6 . She thanbd ~ for aU fl tbe wuadaful holiday aad ClllUlnm gRICtings and cards and
gifts. Eve,yone bu been tbmkingcwsyoae and il'sjulta warm COIIIIIIUDity and it's good to be apan ofit,
she said.
(v) Council Member Wagoaa-asbd City Attorney Brotzman if this bearing
officer's list was going to be Uled b CWI)' bearing for the year. City Attorney Brotzman said correct, this
list is good UDlil the end mthe year. Mr. Wagaacr asbd if-med to bep this list around, wilh the
raumes, for each~ dial a1111e1 up. City Allamey Brotzman advilcd they will give Council the list back
if there is a new requeat.
13 . City Mauaer'• .....
(a) City Mamp1-Seas llid lie would give Council a CIII oo this issue over the next couple
of days because I know it's a prcay big CCIIICa'll Council agreed how disappointing it must be for the
Magees to have tbougbt they -moriag in• Clll1llmas. Mayor Bums was also concerned if anyone
was rode to them. Mr. w.,,._-or-__, dlll lhat is DOI a good situation .
•••••
Council Member Habeaiclll said she bad a CIII from Al Vormiaag who asbd her to wish everybody a very
happy holiday and Dy bcllo.
• ••••
Mayor Burm llid llc ..... to__.• die NLC ~ NpOlt. He advilod tbal they received
dlele vay aim Illa t.p II the CGlllmace ad dlcy -Ill idaa:al. 11ley welll to die airpolt 111d had a
wllolc bas fill) fl people ... dley ... all .. a:li lidiae. dley welll. He llid lie ... all .. die ... one al
Unitod. 'JkR-one_, left, lie-* it ad it-• llil .,_ It belaepd to a lady 1nm Salum,
Califonlia, be aid, ... be .......... * ........ wida III llil leceipla ia it. Mayol-Bums advi9ed
dial be talbd to Ille Allilllnt City ......, • Salilll lllclal -days. who pramilad mdlfully that be
would pt a bold mthal and aend it bad[ bcft. He 11111m be hal DOI IICCII it liDcc, bul be is going to make
anodlCI" 111b ll il al be miglll bavc 10 pt Ille ..... hm Ami Nabllolz.
14 . City A...._,', .....
City Attorney Brotzman did DOI bavc any 111111a1 to bring bcf'CR Council .
IS . Adjoa.-C
MAYOR BURNS MOVED TO ADJOURN. 1be meeting adjourned ll 8: 14 p.m.
~,~
,,. -
..
J
• •
0
f ~7 x l
-
1 .
2.
3.
4 .
•
• •
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, JANUARY 4, 1999
Call to order. fJ: 3~ ~
Invocation./}~
Pledge of Allegiance. ~
Roll call. /.; ~
7 :30 P.M.
5 . Minutes.
" -
tJ.f}PJ ~ -O a. Minutes from the Regular City Council meeting of December 21, 1998. ~
6 . Scheduled Visitors. (Please limit your presentation to ten minutes.)
$"
7.
~
-Scheduled ~irs. (Pl~ limit your presentation to five minutes.) a. Et/S~A hi t)ilU.A) 'MIii
Ir ",*U-hi~~ .t) lk>I/Jfll'{ ~lla!S
8 . Communications, Proclamations, and Appointments.
~. _ a Letter from Susan Van Dyke indicating her resignation from the Clean, Green and
"'1 ;~ft, 0 · Proud/Keep Englewood Beautiful Commission./')~
9 . Public Hearing. (None scheduled)
ff
10. Consent Agenda .
..,, },pQI.oval 9f Ordinance~ First Reading. 1 • . . ..•
tO~~w Ob/Jh.Mjj /{)4-1 II Y-//(
i. Council Bill No. 2 • Reii.hmendatioo from the Udlities Department to adopt a
bill for an ordinance approving Valley Supplement #21. STAFF SOURCE:
Stew.t H. Fonda, Director of UtllltlN.
PINN nae.: If you haw• dlubllly and need 8Ullllary alda or wvloN, ,._ nallly .. CIJol lnak ood
(30S-712-24CII) al ..... 41 houra In advance ol whan ..._ .. ........_ Tl-*,-.
..
' "'
•
'~?
•
0
-
•
•
•
• I•
•
Englewood City Council Agenda
January 4, 1999
Page2
b .
ii. Council Bill No . 1 • Recommendation from the Utilities Department to adopt a
bill for an ordinance approving a License Agreement with Advanced Storage
LLC for crossing the City Ditch . STAFF SOURCE: Stewart H. Fonda,
Director of Utilities.
iii . Council Bill No. 3 • Recommendation from the Utilities Department and the
Littleton/Englewood Wastewater Treatment Plant to adopt a bill for an
ordinance approving an Intergovernmental Agreement for Joint Funding
between the City of Englewood and the U .S . Geological Survey for two
Gauging Stations. STAFF SOURCE: Stawart H. Fonda, Director of
Utllltlea.
Approval of Ordinances on Second Reading.
,,,_
AAJ//
{I ca. tl.ff' ~ -0 i. Council Bill No. 81, authorizing an Intergovernmental Agreem9;}~./h .
Englewood Schools to host a website for Englewood Schools. vvT ,.,._, l../
•
C. aptd-!J-O
~l
Re~~~ 'tJ~;° ~//
i. Recommendation from the De~ancial Services, City Clerk's
Office, to adopt a resolution designating the Bulletin Board in the City Hall
Lobby as the Official Posting Place for all Legal Notices. STAFF SOURCES:
ii.
Frank Gryglewlcz, Director of FIIWIClal Samces and Loucri9hla Ellis,
City Clerk.
Recommendation from the Human Resources Department to approve a
resolution adopting a list of persons for appointment as Hearing Officers for
disciplinary grievances. STAFF SOURCE: Sue Ealan, Director of....._.
RNourcea.
11. Regular Agenda .
a .
b.
App~ of Ordinances on First Reading.
Approval of Ordinances on Second Reading .
Council Bill No . 82, approving an Intergovernmental Agreement with the City
of Sheridan for Englew99P to pr9vide in-kind contributions for the renovation
of the Oxford Bridge . /~~
c . Resolutions and Motions.
!). i. Recommendation from the City Attorney's Office to adopt a resolution ~:/P-j consenting to the transfer of control of the City's Cable Television System
J .c / Franchise to A-T-&-T Corp. STAFF SOURCES: Nancy Reid, Auletant City
tt -:.;-Alt~ and Leigh Ann Hoffhlnea, Communications Sp,ctaJlat.~
lt~JJ}: $A-Om-)
PINN nola: I you haw a cla1lllllty and need ... 11ary aids or wvloaa, plaw nollfy h ca, flf lf .... sood
(30S-712-240I) at INat 41 hcu9 In advance ol whan NrV1CN .. IINdld. 1-* you.
·• ... •
•· •
0
'32xl
-•
. , .
•
<.
Englewood City Council Agenda
Jan...., 4, 1999
Page3
ii.
iii.
Recommendation from the Human Resources Department to approve, by
motion, the selection of a Hearing Officer for the Jeff Herriot appeal. STAFF
SOURCE: Sue Eaton, Director of Human Resources. ~
Recommendation from the Human Resources Department to approve, by
motion, the selection of a Hearing Officer for the Stan Wall appeal. STAFF
SOURCE: Sue Eaton, Director of Human Resources.~
12. General Discussion.
a. Mayor's Choice.
b . Council Members' Choice.
13. City Manager's Report .
a. Englewood Center Update.
14. City Attorney's Report.
The following minutes were transmitted to City Ccxn:11 between 12/18198-12/30J98:
• Englewood Housing Authority Board of Commissioners meeting of November 4, 1998
,..... nala: •you...,. a dlNblllyand IINll-,aldeor-aa,,, ....... ..., .. ca,a11q11 cod
(311-112-MOI) .......... hours In ......................... ,_.,...
•
"' -
..
• •
0
-
•
•
1.
2.
3 .
4.
•
0 I~
•
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, JANUARY 4, 1999
Call to order. '7:J!; ~
Invocation ./)~
Pledge of Allegiance . ~
Ro11ca11 .&~
7:30 P .M.
5. Minutes.
appJ V-0 a. Minutes from the Regular City Council meeting of December 21, 1998. ~
6 . Scheduled Visitors . (Please limit your presentation to ten minutes.)
~
~
on-Scheduled VISitors . (Pl~ limit your presentation to five minutes.)
A /IEL/S~A hi~ lJ;u.JJ 'JSHIJA
Ir. Yu rA-U. M~~ A.) /Jo~ tWDtUJS
Communications, Proclamations, and Appointments.
7.
8 .
~. _ a Letter from Susan Van Dyke indicating her resignation from the Clean, Green and
'¥/~ft ,o · Proud/Keep Englewood Beautif~I Commission.~
9 . Public Hearing . (None scheduled)
%
10. Consent Agenda .
JtfdlHJ ~~'FirstReading. /{)4-1' j;' iii
i. Council Bill No. 2 -R~ from the i.Jdtities ~ to adopt a
bill for an ordinance approving Valley Supplement #21. STAFF SOURCE:
Stewart H. Fonda, Director of UIIIIIIN.
PINN nalt: I you haw a dlaabllly and naed __, alda ar • tla 11 1 ....... nallfy .. ca, al llligleaood
(303-712-2405) al ..... 41 houra In advance al w1w1 ..,._ .......... 1"-* you.
' i,,, ... • I., -
•
•· •
0
-
-
•
•
• •
Englewood City Council Agenda
January 4, 1999
Page2
b.
ii. Council Bill No. 1 -Recommendation from the Utilities Department to adopt a
bill for an ordinance approving a License Agreement with Advanced Storage
LLC for crossing the City Ditch . STAFF SOURCE: Stewart H. Fonda,
Director of Utllltles.
iii. Council Bill No. 3 -Recommendation from the Utilities Department and the
Littleton/Englewood Wastewater Treatment Plant to adopt a bill for an
ordinance approving an Intergovernmental Agreement for Joint Funding
between the City of Englewood and the U.S. Geological Survey for two
Gauging Stations. STAFF SOURCE: Stewart H. Fonda, Director of
Utllltles.
Approval of Ordinances on Second Reading.
A>.~1:-1
(/ GfJ. ¥Pi ~-0 i. Council Bill No. 81, authorizing an Intergovernmental Agreeme1};"1 .61.l'Y/h .
Englewood Schools to host a website for Englewood Schools . vvT,.,.., '-"'
•
C. apJ ~-o
/1,#1
Re~~~ ~a_;°'f-!/
i. Recommendation from the Oe~ancial Services, City Clerk's
Office, to adopt a resolution designating the Bulletin Board in the City Hall
Lobby as the Official Posting Place for all Legal Notices. STAFF SOURCES:
ii.
Frank Gryglewlcz, Director of Flnanclal Servlcn and Loucrlshla Ellis,
City Clerk.
Recommendation from the Human Resources Department to approve a
resolution adopting a list of persons for appoil ,tment as Hearing Officers for
disciplinary grievances. STAFF SOURCE: Sue Eaton, Director of Human
RNOUrCN.
11 . Regular Agenda.
a.
b.
App~ of Ordinances on First Reading.
Approval of Ordinances on Second Reading.
Council Bill No. 82, approving an Intergovernmental Agreement with the City
of Sheridan for EngleW99P to prqvicie in-kind contributions for the renovation
of the Oxford Bridge. ~~
c . Resolutions and Motions.
I). i. Recommendation from the City Attorney's Office to adopt a resolution · KJ4A./I::--5 consenting to the transfer of control of the City's Cable Television System
l .c / Franchise to A-T-&-T Corp. STAFF SOURCES: Nancy Reid, Aamltant City
-.:r ~Y and Lalgh Ann Hoffhlw, Communlcllllons Specllllat~µbt,r-
A,!Srl/'1 : $Wm-)
PINN nala: • you haw a 1 Nlly and IINd....., .._or• Jta11, ....... IIIIIIIW .. ca, fll ..........
~1U44GI) at.._. 41 houra In advance of ........... ......_ Tlla* you.
......
..
•·
0
-•
• t•
. • '
..
,,) 'Englewood City Council Agenda
. Janumy 4, 1999
Page3
ii.
iii.
Recommendation from the Human Resources Department to approve, by
motion, the selection of a Hearing Officer for the Jeff Herriot appeal. STAFF
SOURCE: Sue Eaton, Dl1'9Ctor of Human RNourcee. ~
Recommendation from the Human Resources Department to approve, by
motion, the selection of a Hearing Officer for the Stan Wall appeal. STAFF
SOURCE: Sue Eaton, Director of Human AeaourcN.~
12. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
13. City Manager's Report.
a. Englewood Center Update .
14. City Attorney's Report.
The following minutes were transmitted to City Council between 12/18198-12/30l98:
• Englewood Housing Authority Board of Commissioners meeting of November 4, 1998
"' -
,._...-: .,... ..... «• tn,_.. .... ....., ..... a,11,._.._ .. ca,.,.,.. .. -... ,..,..., ................. ..._.,..._ ......... ....._ ,..,...
. ,
...
• •
0
-
•
•
1.
2.
3 .
4 .
•
• -
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, JANUARY 4 , 1999
can to order. '/: 3~ ~
Invocation./)~
Pledge of Allegiance . ~
RollC411. &~
7 :30 P.M.
5. Minutes.
,,,_
fJf}PJ ~ -O a. Minutes from the Regular City Council meeting of December 21, 1998. ~
6 . Scheduled Visitors . (Please limit your presentation to ten minutes.)
~
~
on-Scheduled ~irs. (Ple85!3,. limit your presentation to five minutes.) ~ /IELJS~A hi t)tu.A) 'ISJll/1,
Ir Ya rA-U-M~~ A.) 1/oUff!'( ,WI0/1/S
7 .
8 . Communications, Proclamations, and Appointments.
~. _ a Letter from Susan Van Dyke indicating her resignation from the Clean, Green and
JM J~ ft.,,. 0 · Proud/Keep Englewood Beautif~I Commission .~
9 . Public Hearing. (None scheduled)
%
10. Consent Agenda.
'(fd /riJ ~;.::;rr1'° First Rfading. /t) L I ' j I . ii/
i. Council Bill No. 2 -R~ from the udlities ~rtment to adopt a
bill for an ordinance approving v...., Supplement 121. STAFF SOURCE:
Stawart H. Fonda, Dlrectar of UIIIIIIN..
PINN nae.: It ,au haw• dlubllly and,....-, alda •---. ,._.. nallfylw Cly ol lllQglltaood
(30l-1a-240I) at 1Nat41 holn In....._ al ..... ..._ .. ......_ 1'1lalk you.
•• ....
..
•· •
0
'32xl
•
•
• -
Englewood City Council Agenda
January 4, 1999
Page2
b.
ii. Council Bill No. 1 -Recommendation from the Utilities Department to adopt a
bill for an ordinance approving a License Agreement with Advanced Storage
LLC for crossing the City Ditch . STAFF SOURCE: Stewart H. Fonda,
Director of Utilltles.
iii. Council Bill No. 3 -Recommendation from the Utilities Department and the
Littleton/Englewood Wastewater Treatment Plant to adopt a bill for an
ordinance approving an Intergovernmental Agreement for Joint Funding
between the City of Englewood and the U.S. Geological Survey for two
Gauging Stations. STAFF SOURCE: Stewart H. Fonda, Director of
Utilltles.
Approval of Ordinances on Second Reading .
i. Council Bill No . 81, authorizing an Intergovernmental Agreeme'.)}~/h ,
Englewood Schools to host a website for Englewood Schools. vvT r-v c;......,
Re~~ -zi1 c)~/ ~//
i. Recommendation from the De~ancial Services , City Clerk's
Office , to adopt a resolution designating the Bulletin Board in the City Hall
Lobby as the Official Posting Place for all Legal Notices. STAFF SOURCES:
ii.
Frank Gryglewlcz, Director of Financial Services and Loucrtahla Ellla,
City Clerk.
Recommendation from the Human Resources Department to approve a
resolution adopting a list of persons for appointment as Hearing Officers for
disciplinary grievances. STAFF SOURCE: Sue Eaton, Director of Human
RHourcaa.
11 . Regular Agenda.
a .
b.
App~ of Ordinances on First Reading .
Approval of Ordinances on Second Reading.
Council Bill No . 82, approving an Intergovernmental Agreement with the City
of Sheridan for EngleW99P to pr9vide in-kind contributions for the renovation
of the Oxford Bridge . /&~
c . Resolutions and Motions .
IJ. . i. Recommendation from the City Attorney's Office to adopt a resolution K)A.84F-3 consenting to the transfer of control of the City's Cable Television System
i ,e / Franchise to A-T-&-T Corp . STAFF SOURCES: Nancy Reid, Aaalatant City
-.:;J-Att~y and Leigh Ann Hoflhlnu, Communications ~lat.~
/t~IJJ: C,Wm-J
,.._ nae.: If you haw a claabllly and nwl audary alda or wvlcN, plwe noay .. Clly ol l11glewood
(30S-712-2405) at INat 41 hcu'a In advance cl .... -*-.. IINded. T1lalk you.
·• • -
• .
..
•· •
,
-
•
• "' -
• C•
•
. .
Englewood City Council Agenda
-Jamary 4, 1999
Page3
ii.
iii.
Recommendation from the Human Resources Department to approve, by
motion, the selection of a Hearing Officer for the Jeff Herriot appeal. STAFF
SOURCE: Sue Eaton, DINCtor of Human RNourceL ~
Recommendation from the Human Resources Department to approve, by
motion, the selection of a Hearing Officer for the Stan Wall appeal_ STAFF
SOURCE: Sue Eaton, Director of Human RNourcN.~
12. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
13. City Manager's Report.
a. Englewood Center Update.
14. City Attorney's Report.
The following minutes were transmitted to City Council between 12/181'98-12/30i98:
• Englewood Housing Authority Board of Commissioners meeting of November 4, 1998
.......... : .,.....,..1,,11., ........ ._, ...... _d,11, ........... _..... &al
~182-MOI) al .......... In ..... ., ..... _______ 11111111,-.
• .
..
• •
-
1 .
2.
3 .
4 .
•
•
. • '
AGENDA FOR THE
REGULAR MEETING OF
I•
THE ENGLEWOOD CITY COUNCIL
MONDAY, JANUARY 4, 1999
Call to order. fJ: 3~ ~
Invocation./)~
Pledge of Allegiance. ~
RollCall.~~
7:30 P.M.
5 . Minutes.
I' -
f1f}PJ ~ -O a. Minutes from the Regular City Council meeting of December 21, 1998. ~
•
6 .
7 .
8 .
Scheduled Visitors. (Please limit your presentation to ten minutes.)
~
~
-Scheduled Visitors . (Pie~ limit your presentation to five minutes.)
.t. EL/S~A hi~ ~J;UA) !/SHIii
Ir. ti rlrU M~~ A.) Pt,l/Jflly AJJIIUIS
Communications , Proclamations , and Appointments.
Letter from Susan Van Dyke indicating her resignation from the Clean , Green and
Proud/Keep Englewood Beautif~I Commission. /7~
9 . Public Hearing . (None scheduled)
ff
10. Consent Agenda .
tlAnJ/,-o ~~s,;-FirstR~. /~L/
1 j;" ///
V rrr,. i. Council Bill No . 2 •~from the iJdlties ~ to adopt a
bill for an ordinance approving Valtey Supplement 121. ffAR IOURCE:
..__. H. Fonda. Dlr9ctar' ol Ulllltl-..
PINN nall: l,au haw a 1 tfllJ ... need _,.._••.1a11, ,._Mllfr .. CllJollr.illt ood
(30l-7U-MOl)al ........ houra In .......................... ,,..,...
-
• .
..
•· •
0
-
•
• " -
0
•
Englewood City Council Agenda
January 4, 1999
Page2
ii. Council Bill No. 1 -Recommendation from the Utilities Department to adopt a
bill for an ordinance approving a License Agreement with Advanced Storage
LLC for crossing the City Ditch. STAFF SOURCE: Stewart H. Fonda,
Director of Utllltles.
iii. Council Bill No. 3 • Recommendation from the Utilities Department and the
Uttteton/Englewood Wastewater Treatment Plant to adopt a bill for an
ordinance approving an Intergovernmental Agreement for Joint Funding
between the City of Englewood and the U.S. Geological Survey for two
Gauging Stations. STAFF SOURCE: Stewart H. Fonda, Director of
Utllltles.
b. Approval of Ordinances on Second Reading .
~ /. I i. Council Bill No . 81, authorizing an Intergovernmental Agreeme'}~,;tt" ~/h , ~ ~-0 Englewood Schools to host a website for Englewood Schools. vv""t'{""""~
~:_0 R~~ -a1 't)e_;° 'I-// fJ.fP-' i. Recommendation from the De~~ Services, City Clerk's
Office, to adopt a resolution designating the Bulletin Board in the City Hall J Lobby as the Official Posting Place for all Legal Notices . STAFF SOURCES:
Frank Gryglewlcz, Director of Financial Ser.icn and Loucrtahia Ellla,
City Clerk.
ii. Recommendation from the Human Resources Department to approve a
resolution adopting a list of persons for appointment as Hearing Officers for
disciplinary grievances. STAFF SOURCE: S.. Eaton, DINctDr of .........
ANoun:ee.
11 . Regular Agenda.
a .
b .
App~ of Ordinances on First Reading.
Approval of Ordinances on Second Reading.
Council Bill No. 82, approving an Intergovernmental Agreement with the City
of Sheridan for Engl8WC]9p top~ in-kind contributions for the renovation
of the Oxford Bridge. ~~
c . Resolutions and Motions.
!). . i. Recommendation from the City Attorney's Office to adopt a resolution l()IJ.8J=. 5 consenting to the transfer of control of the City's Cable Television System
I L / Franchise to A-T -&-T Corp. STAFF SOURCES: Nwy Reid, Aaelatant City
-:;-~ and Leigh Ann Hoflhlnea, Commun6callone 9f,edalat.~
/t~JA): (:,J,0£!1-J
,.....nola: lyo1,1hawa iP11btaJ,andllNdaudleryaldeo,wrtc11,....._INllly .. Cllyolll .... •ood
(30l-1U-z«ll}lltlNlll4111Guraln ___ ol..._ ............... ,,..,...
•
..
•· •
0
-•
• •
..
Englewood City Council Agenda
. J8llla'y 4, 1999
Page3
ii.
iii.
Recommendation from the Human Resources Department to approve, by
motion, the selection of a Hearing Officer for the Jeff Herriot appeal. STAFF
SOURCE: Sue Eaton, Director of Human RNourcN. ~
Recommendation from the Human Resources Department to approve, by
motion, the selection of a Hearing Officer for the Stan Wall appeal. STAFF
SOURCE: Sue Eaton, Director of Hulnal Reaoun:ee.~
12. General Oiscuasion.
a. Mayor's Choice.
b. Council Members' Choice.
13. City Manager's Report.
a . Ef1Qlewood Center Update.
14. City Attorney's Report.
The following minutes were transmitted to City Couicil between 12/18/98-12/30/98:
• Englewood Housing Authority Board of Commissioners meeting of November 4, 1998
...._nae.:.,..._. dl11b111Jand11Nd-,allla•-llla11, ....... nallfy .. Cllycl ..... aood
(30l-712-24Gl)al ..... 41houraln ..... of ................... ,....,...
. .
' .
•
•.
•
0
-•
•
. • '
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
NON-8CHEDULED VISITORS ,
DATE: January 4, 1911
NON-SCHEDULED VISITORS MAY SPEAK FOR A IIAXIIIUM OF FNE
MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT
ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT.
PLEASE PRINT
NAME ADDRESS TOPIC
r"v\or:.J.v l &'\r ~JvV't: yv+"'-\<'. "'-rl\ 'A-1 fl~ ,;.-7 7 b S . ) o ,,-'< l\ ~0..1 i,~ : .. , cf,.,.), C c.l c-s "'1" I<>• le. w~ ,I ft s f/#'A 3/ s-s "<) TA~~,,,~~~~ 0 /~ l'J)A~
£J ~~ ch-\.~ 47 q' k · ~</
. '
'
..
• •
0
• . ,. -
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
DECEMBER 21, 1991
I. CaBteOr*r
The regular mcctillg of the Englewood City Council WIS c:aUed ID order by Mayor Bums al 7:30 p.m.
2. ._.._
3. l'lelllf af Al II •
The Pledge of Allegiance was led by Mayor Bums.
,. ..-ear
Praent: Council Memben Nallllolz, Capp, Gam:a, Bradshaw, Habenicht.
Wagoner, Bums
Abmeat
A quorum was prelCllt.
None
Also prclelll: City Mana,er Scars
City Allomey Brottman
Deputy City Clm Calde
Director Gryglewic:z. Finucial Scrvic:es
Director Loa& Library Scrvic:es
Dira:tor Elloa. Huami Raounics
Engilleeriag Mana,er Kam
Munic:ipll JUIIF Alim:io
5. ~
(a) COUNCIL MDaa •IIADIBAW MOVU, AND ff WAS SECONDED, TO
APPROVE THE MINUTa 01' THE u:GUIAR DrnNG OP DECDBa 7, 19'1.
Ayes : Council Memben Nallllolz, Gama, Bndlbaw, 8*nicllt,
Wagoner, Clapp, Bums
Nays : Nooe
The motion carried.
6 .
(a) Stan LanF. Chair of the Clean. Greco and Pruud Commiaion praeoted awards to the
willJICfS of the Holiday Ligllliug EWIIL He lhanbd Council for the Clpplll1lmity to praent the EleYentb
Annual Holiday LigliliDg E¥elll Awanll. Mr. l.aa,e adviled dill dlil is die 1J111at aumber of
•.
•· •
0
I
-
•
Englewood City Council
December 21, 1998
Page 2
•
0
•
participants we have: ever bad in the event and it was very imprellivc that 50 many people wortcd 50 bard
to brighten our city. He asbd Mayor Bums to aaill with die foUowiDg preseatalioas :
Honorable Mention :
Mayor 's Choice Award
Judges ' Choice Award
Lifetime Holiday Spirit Award
Best Artistic Impression Award
Cat 's Meow Holiday Award
Lights! Lights! Lights! Award
Old Fashion Holiday Award
Rudolph's Choice Award
Small Town Holiday Award
Winter Wonderland Award
An Blom, 4560 South Sbenmn Street
Dennis and Kathy Brewer, 404S South Elati Street
Cbristopber Caillouet, 446S South Grant Street
Rich and Peggy Cole, 3017 South Pennsylvania Street
Tom and Carol Gibson. 480 I South Inca Street
Mark A. Greiner, 287' South Delaware Street
The Leff'Family, 3SO East Belleview Avenue
Gilben and Laurie Mears, 3742 South Shennan Street
Darlene Reed, IOSO West Oxford Avenue
Deborah and Gary Walters, 3740 South Sherman Street
Charles and BadJara Willingham , 4233 South Sherman Street
Stc\'c and Leslie Ward, 393 S South Inca Street
Randahl and Tammi Headley and Family, 431S South Lipan Street
The Miller-Bargas Family, 4104 South Sherman Street
Ron and Melanie Kloewer, .5041 South Elati Street
Skinner's B-0 Kennels, 1101 West Quincy Avenue
Dwight P. Latham, 2971 South Emerson Street
Chuck Greer, 3701 South Hwon Street
Charley, Carol and Bill Van Arnam, 4435 South Grant Street
Gary, Lori, Joe and Jon Southwdl, 44SO South Grant Street
Richard and Alice Kloewer, 4990 South Elali Street
Mayor Bums tbankcd all the participanls in the ewnt, IS wdl IS Mr. Lan,e and the Clean. Green and
Proud Commission members for all their bard wort and dl'ons.
7 .
There were no non-scheduled visitors.
(a) A letter of resignation from Council Member Lauri Clapp was received.
COUNCIL MEMBER NABBOLZ MOVED, AND rr WAS SECONDED, TO ACCEPT WITH
REGRET A LETTER Of RESIGNATION fllOM THI ENGLEWOOD CITY COUNCll. fllOM
LAURI CLAPP, AND WISHING UR TU BIST or LUCK IN UR NEW INDIAVORS.
Mayor Bums advised that Ms . Clapp was elccf.ed in NcMmber to the Slate House of Rcpraentalives and
will take office in January of 1999. The rcsipalioa is dl'clc:tive as oll>eoembcr 31 , 1998, he aid, ID she
will participate in tonight's meeting. Mayor Burm aid !bat it lull been a great plealwe to haft mwd
with Council Member Clapp, and we all aa:cp( this leaer with repel.
Vote raaltl:
Ayes: Council Members Nabbolz, Gama, Bradshaw, Habenic:bt,
Wagoner, Burm
Nays : Nooe
,. -
•
•· •
0
-
•
Englewood City Council
December 21 , 1998
Page 3
Abstain:
The motion carried.
•
•
. ' •
Council Member Clapp
Mayor Bums prescatcd a card to Ms. Clapp from the mcmben r:I Council, and a plaque. Mayor Bums
read the following wording from the plaque: "Plamled ID Laari Clapp in appm:iation for her lcadersbip
and dedication ID the amummily as a Council Member, J.-y 20, 1995 ID December 31, 1998 from the
Englewood City Council." Mayor Bums notal that it should rad NoYembel' 20, 1995, rather than
Januaiy . He went on to say that Ms. Clapp bad lelWd aa die Eapwood Downtown DeYelopmcnt
Authority Board, the School/Council Liaison, and IIMlal odier cammiaees since she bas been OD
Council. Mayor Bums said wc rally wish her well, adding dial we have aeen her grow and mature as a
member of this Council. She bas been on just a couple r:I years ad Ille bas already devaled bersclf ID the
Slate Lcgislalwc, so wc arc very happy to have a friend ~ and we will be delighted to sec her up there.
We wish her the very best, be said, adding that the conecboll will be made to the plaque.
Council Member Clapp said it rally bas been an honor ID ,ene with tbis Council . It really is humbling
and an honor to serve the people r:IEnglcwood. She said sbc loob forward to serving at the next level,
and that she is very excited about-r:lthe worts thal they have clone as a Council, adding that she
believes that Englewood has a very, very bright futuR. This is a bittersweet moment for her, she said, but
she looks forward to continued service.
Mayor Bums asked Ms . Clapp to introduce her family . She introduced her husband, Rolley Clapp, her
daughters, Nataly and Candace Clapp, her son Colton Clapp, and her very best child can: provider, Mary
Stipe.
Mayor Bums prescatcd a bouquet r:lflowers to Council Member Clapp .
(b) Council broke for a brief' m;q,lioll at 7:45 p.m. bonoriDg Council Member Clapp,
reconvening al 8 :07 p . m ., with all members prc:IClll.
No public hearing was schcdulcd before Council .
COUNCO.. MEMBER WAGGONER MOVED, AND IT WAS 51:CONDl:D, TO APPROVE
CONSENT AGENDA ITEM 10 (a) (I) ON FIRST UADING.
(a) Approval of Ordinances OD Fint Reading
(i) COUNCIL BILL NO. 81 . JNJ'ROOUCED BY COUNCIL MEMBER
WAGGONER
A BILL FOR AN ORDINANCE At.mfORIZING AN INl'EROOVERNMENT AL AGREEMENT
BETWEEN 1lfE CITY OF ENGLEWOOD. COLORADO AND ENGLEWOOD PUBLIC SCHOOLS
WHEREBY ENGLEWOOD WILL HOST 1lfE ENGLEWOOD PUBLIC SOfOOLS WEB SITE .
Ayes : Council Members Nlbbolz, Garrett, Bradlbaw, Ha11eaicbt,
Wagoner, Clapp, Bums
,-
•·-• t1'"'I' '' . -•• ....
• .
..
•· •
0
I 2 I
-
•
Englewood City Council
December 21, 1998
Pagc4
Nays : None
Tbc motion carried.
•
• •
(b) Approval of Ordinances on Second Reading
COUNCll. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (b) (i) ud (ii) ON SECOND READING.
(i) ORDINANCE NO. 87, SERIES OF 1998 (COUNCll. Bn.L NO. 79,
INTRODUCED BY COUNCll. MEMBER BRADSHAW)
AN ORDINANCE APPROVING SUPPLEMENT NO. 1391011fE SOlTIHGATE SANITATION
DISTRICT CONNECJ'OR'S AGREEMENT FOR 11IE INO.USION OF LAND Wl11IIN 1lfE
DIS11UCT BOUNDARIES .
(ii) ORDINANCE NO. 18, SERIES OF 1998 (COUNCll. Bll.l. NO . 80,
INTRODUCED BY COUNCll. MEMBER BRADSHAW)
AN ORDINANCE AMENDING 1111.E 4, SECTION 4, SUBSECTION 2, OF 11fE ENGLEWOOD
MUNICIPAL CODE 198S, BY 1lfE ADDmON OF A NEW PARAGRAPH D AND 11IE
RELETIERING OF PARAGRAPH D ro E, PERTAINING ro CHARITABLE FUNDRAISING SALES
TAX LEVY.
VOie realtl:
Ayes : Council Members Nabbolz, Garrett, Bradshaw, Habenicht.
Waggoner, Clapp. Bums
Nays : None
Tbc motion carried.
(c) AaolulioN wl Mot.-
There were DO additional rellllulioas ud molions submiaed for approval . (See A,enda IICID 11 -Regular
Agenda.)
11 . Replar A ....
(a) ApproYa1 o(Ordiuaces on Finl Reading
(i) A n:mmmcndalioa from City Attorney 8w 101ab1c die 41111111-•11 with
Mc:tricom was coasidcrcd.
COUNCll, MEIDER BIIADSIIAW MOVED, AND IT WAS DCONDD, TO TABLE AGENDA
ITEM 11 (a) (i) -COUNCll, BILL NO. 74.
Mayor Bums asked if it takes 1-thirds wtc to bring this back. Cily Attorney BIOlmaD said that is
correct. 11111 is the l'CCOIIIIIIClld.
Voce raah1:
Ayes : Council Members Nabbolz, Braduaw, Habmicbl,
Waggoner, Clapp, Bums
•• ....
..
., •· •
0
'
-
•
•
Englewood City Council
December 21 , 1998
Pages
Nays :
Abstain:
The motion carried.
•
0 t •
•
~.
None
Council Member Garrett
(ii) City Manager Scars presented a reoollllDCDdatioo to adopt a bill for an
ordinance approving an Intcrgovcrnmenlal Agm:mcnt with the City of Sheridan for Englewood to
provide in-kind contributions for the renovation of the Oxford Bridge. Mr. Scars S1alcd that, in the
audieocc, was Randy Young, City Administrator for the City of Sheridan. We know that this work is
planned to stan soon, and the City of Sheridan has been very successful in getting the private sector to
participate in the cost of the bridge, he said. We will be needing to relocatc a water line on the bridge
itself, which will be in the neighborhood ofSS0,000 within our cuncnt funds. lo any event, we would
have had to relocate that watcr line, but Mr . Scars said he feels this will help us in terms of monitoring
and supporting some landscaping improvements to the bridge and also working with the City of Sheridan
to be sure the bridge can be the bcsl that it can be. It is a great opportunity, because the Stale is
forwarding eighty percent of the cost to do the improvement, so we would reoommcnd strongly that
Council approve this, he said.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (Ii) -COUNCll.. BILL NO. 12 ON FIRST READING.
Mayor Bums commented that we have considerable contributions from the businesses in the area that use
tha1 bridge, and some contributions from the County, as well, so it is a considerable private/public
partnership that we arc working on here.
Council Member Waggoner asked if this has been before the Waler and Sewer Board. City Attorney
Brotzman said he does DO( believe it has. Mr. Waggoner asked if it should go before the Water and Sewer
Board. Council Member Bradshaw said no . Mr. Brotzman said while there is a large portion that is the
waler line, we arc also doing other in-kind services, so in that case, we decided DO( to take it before Waicr
and Sewer.
Mayor Bums asked if the water line is being paid for by the Waaer Utility. Mr . Brotzman said the Water
Enlerprisc is doing that.
Mr. Waggoner said the way he reads this, there arc a couple of contributions, one by the General Fund,
which is not to exceed $50,000. but there is also a contribution from the Utility Fund that is not listed in
the resolution or the agreement.
Cily Manager Scars said that is true, and we probably should have listed that the $50,000 is really going
to come from the Watcr Utility, as opposed to the General Fund. Mr. Waggoner asked if there arc two
amounts of $50,000. Mr. Scars responded that there is only going to be one contribution of $50,000 tow
for lhe City. The intergovernmental agreement reads alright, then, Mr. Waggoner allowed. He read
" ... appropriate for and provide an in~ coatributioa of$50,000 to City ofSbcridan ... " and that's it, he
said. There is DO(hing in there that aid anytbing about the Utility Fund, but in the Counc:il
Communication it said that the City of Englewood is being askcd to provide lel'Vices DOl to exceed
$50,000 from the General Fund, then it says c:oatnllutioas from the Utility Fund will be • appropriale for
the value of enhancements received.
Mr . Scars said that was wrongly put in there. We rcally arc looking at the $50,000 to come from the
Utility Fund, total from the City, and that is in in~ contributions. I don't know exactly what our
utility costs will be, be said, for the waler line, but if it doesn't need that ...
-•
.. -
•
...
I·
,
2
-
•
•
•
Englewood City Council
December 21 , 1998
Page6
•
0 -
Mr . Waggoner said they were going to upsizc the water line so we would have to pay the difference . Mr.
Scars said right, and that is going to be up in addition lo what the SS0,000 would amount to, but our total
in-kind contribution from all sources with the City is going to be SS0,000 .
Mr . Waggoner said they still look like about $330,000 sbon in the local match. He asked where that will
come from. Mr. Scars asked Sheridan City Administrator Young to come forward and talk about what he
anticipates.
Mr. Young responded that he did not total this figure . We should be close to a figure of about SS00,000
right now, he said, or a little more than that, for the in-kind contribution . The actual conuact on the
bridge itself is coming in less than the grand amount, even al this point. That's with the original scope of
the project, he said, and what we arc uying lo do now is expand the scope of that project as large as we
can 10 make sure we utilize as much of the grant money as we can. and then keep the twenty-percent
match still in line. The last tally we did on it wc were a little over SS00,000 on our mau:h, he explained.
pan of that being some other in-kind services, other utility relocations that can be counted in as in-kind.
Thal would be the Public Service lines, and there is a gas line there also , so there arc other utility
relocations that don't reflect in this memo where the numbers arc spelled out. that can be used as pan of
the in-kind. He said he feels that is where about $100,000 is in.
Council Member Waggoner asked if he thinks he is close enough, then. to the twenty percent. Mr. Young
said yes, we arc assured. We have also brought O'Bricn-Krcitzbcrg, a construction managcmcnt team. on
board for this project, basically to look al this from an owner representative's point of view. 1bcy have
helped us work through, not only making sure to maximize the grant money in the scope of the project,
but also looking at the liability of the project. Mr . Young said they arc assuring us at this time that there
is plenty of money in cash and within the in-kind contributions to be a very viable project. By going out
to bid the project, we have been able to obcain a very competitive price to do that with, he added. We arc
looking at beginning construction the first pan of January, or by the middle of January, to be in the river
this January. The tirnclinc currently calls for the project to be completed by the end of 1999, he said.
Council Member Habenicht said, along the same line, our three cities of Englewood, Littleton and
Sheridan have worked togctbcr on the development of the Santa Fe Corridor, and the beautification and
enhancement of that. The gateway is for Littleton. Sheridan and Englewood, she said, and the Sheridan
gateway is at Oxford and continuing on down. She asked bow things arc coming along with that, and if
the aruactivencss of the bridge would match the quality that we have been uying to develop along Santa
Fe .
Mr. Young responded that what we are trying lo do again by expanding the scope of this project, and what
yo u sec on this lener represents the minimum commitments that wc have from each of these companies .
Several of these companies have stepped forward and said there is more they can do as far as in-kind .
Western Metals is one company. for example, that has just bought out De Walt Steel , so now they have the
capability to help take the bridge down. he explained, and destroy the existing SIJUctUrc . Again. that can
be used as in-kind, and we would have additional cash to help expand the project. The initial design and
scope of this project really was the minimal , be said, and the idea was just to get a four lane bridge across
the river, and do it al a minimum COIL With the coatribulioa lcvc1 wc are II -. wc are looting at
expanding that scope to wbm: wc can cenainJy start addrasiDg more of the landlcapiDg i-, and more
of the textures. What we would like to do is keep the texture, for imlance, of the concrete, the colors used
in the concrete , the same as the Santa Fe corridor, so wc can tic in that whole coniclor theme into the
Oxford corridor. Mr. Young said, ideally, we would address lighting, but again it is going to clcpcnd on
how much everybody steps up to the plate at the end of this thing. All thcle t,,gjc m r ~ indicated to
us , also, that they would like to sec it four lane completely through that coniclor. Right now, it is probably
about fifty or sixty percent four lanes approaching it, he said. Where wc are laing is where you hit the
•
" -
., •·
f
-
•
Englewood City Council
December 21 , 1998
Page7
•
0
•
I•
bridge and go west towards Clay Street or Federal , there are still some sections in there where wc need to
add asphalt and get widened. Most of these businesses are 51epping up and saying if wc are going to do it,
lets do it right while wc are doing this project, so I think you are going to see more contributions coming
in to make that happen, be opined. As that happens. wc will be addressing the lighting and landscaping
issues and our ideal is making sure it is a viable entryway project.
Council Member Habenicht asked if she can be assured, if she wtes in favor of this, that she is not voting
to exacerbate some of the negative visual impacts that wc have across Oxford on some of the terrible piles
of debris. Mr. Young responded that they have been worting quite closely with Western Mdals, and be
said he apologizes to this Council and to bis Council for lcaing that get out of band and out of control. In
conversations with Western Metals over the prmous year, we fOUDd that they switched out a lot of their
machinery and, therefore, began stockpiling those vmicles. That will not happen again, he asserted, and
as far as he is concerned it should never have goctm to that level, and wc will certainly maintain that that
doesn't happen. Pan of expanding the scope. be COlllinued, is to do something right now that wc wcren 't
addressing in the initial scope at all, that southern side on the east of the bridge, with curb and gutter or
anything. He said he would like to work with Western Metals and get something clone with that section in
there, too . Not even looking at the mountains of cars, but if you just loot at the frontage there, it is pretty
rough looking and wc need to do something with that. They have been approaching railroads for the last
couple of years, and most of that is railroad right-of-way . There actually used to be a railroad track across
the Plane River just south of the existing bridge that goc washed out in 1965 and has Dot been replaced .
There is some question whether that is ever going to be replaced, and if not, wc need to work with the
railroad to try and do something with that area to try and dress it up a little bit, too, he said. Mr. Young
said be reali:zes that, being right across from the golf course there, it would be nice to fix that up for all of
us. That is the intent. depending again on the total contributions as wc get into this project.
Mayor Burns asked if those contributions are outside of this immediate project and what other things that
they are trying to do with further contributions. Mr. Young said right, these arc the real basic numbers
they used to try to get to the minimum in-kind level to make the commillllellt for this grant money to
move forward with the project . What wc are looking Ill doing is coming back in and, by February, we'll
have a couple of meetings with our Council, and wc cncoungc you to look Ill that with us and see what wc
want. We haven't really even designed the bridge, other thin the basic four lane bridge, so wc really need
to do some design criteria, he said, to get to where wc want to be once wc have those final commitments.
Council Member Bradshaw said she would like to compliment Mr. Young on reducing that Slack across
from the golf course . She said be has done an adminblcjob. Mr. Young said it wasn't easy . It looted a
lot worse for a long time; be said, became they sraned pulling down from the south side of that stack and
he kept assuring me that it was going down, but unlCIII you walked around to the other side of it, it didn't
look like it was . Ms. Bradshaw said she was sure it was bis vigilance that helped reduce it. Mr. Young
thanked Council for their patience while be tried to get that addraled.
Council Member Nabholz also thanked Mr. Young for gating the pile reduced, adding thal she hopes it
maintains that way . She asked if this is something thal we, as a Tri-Cities, should look at, where Littleton
is involved, as "-ell . Mayor Bwns said Littletoa really isn't invom,d Ill all . Council Members Bradshaw
and Habenicht agreed thal it should probably be just Englewood and Sheridan.
Mayor Burns complimellled Mr. Young for looting at other improvements along thal !'Old OUlside of the
bridge project, because that would really improve the whole area over there . Mr. Young said there are
still a few along there that we still need to re-approach and sec if wc can get 10111C contnllution. We
haven't been sua:asful to dale.
. -• '
..
•· •
,
2
-
•
Englewood City Council
December 21, 1998
Pages
•
• -I •
Ms . Habenicht said it might not be a bad idea to meet with Tri-Cities UICI bring them up to date oo this, IS
wc move toward the cobaomncnts, to have the three cities working together as put or the project.
Council Member Bradshaw said she thinks keeping them advised is fine, but she did not feel wc need to
meet with them on this. She said we could advi.e them whenever wc do get together UICI meet, whconer
that is. Ms . Habenicht concuncd. Ms. Nabholz said she thinks it is very important that wc do keep them
advised .
Mr. Young said he thinks that is IO!Ddbiog WC were looting at •• Tri-Cities IS WC expand dawn this
corridor, to keep each other apprilOd and keeping the continuity.
City Manager Scars said apecially when it comes to color UICI type or design along Santa Fe. Going back
to Council Member Waggoner's question, the total IC\'Cl of commitmcot is the $50,000 or in-kind service
for the bridge. He asked Mr. Young if that is the only thing that he was contemplating from the City or
Englewood at this point in time. Mr. Y ouog responded that that is correct, it is basically the IC\'Cl that we
have committed. Referring to the documcot that he bad put together, he said it was tough to get all the
final signanucs on this doauncnt, primarily because DO one wanted to he the first one to sip it
Everybody wanted to be sure cvcryonc cl9e was on board bcf'orc they signed, and that is put or the reason
the documcot is formulated the way it is. Basically, we arc saying that if wc arc all OD board, it will
happen. If one OI' two arc not OD board, tbco WC don't have the IUppOll or everybody. That is basically
what I am looking at right now, he said, jUlt the $50,000 Ind, which is a commitment that this Couocil
prdiminarily made a while ago . That is what wc arc looking for, UICI it is up to your Council and
administralioa to decide how tbaa comes ID fruition.
Mr. Scars said, IS WC uodcntaod it, it is rally tbaa ._. that is widlia the mo«illFDC)' or our Water
Fund, wbicb wc have to do lll)'MY, but. where there arc m othcr cnbee •• re, that we do ID lllist
with. the landa:aping or -other type or tbiag, but it .-Id be • that Ind, lie said.
Mr. Young said that may be the only othcr thing thM lie may Ilk, is whedlcr :,UU waet to panicipa&e M I
little bit higher level to help address the landlclpi9& iaa, the ligllliJII --, aed ..,__ :,UU CID help
ilHiod. He said he ccrtainly uodcntaods WC arc all cash tighl npl -with othcr projeC1s WC have
going OD in the cities.
COUNCIL BILL NO. 12, IJlmlODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AU'JHORIZING AN IN'IElOOVERNMENTAL AGREEMDIT
BETWEEN 11IB CITY OF SHERIDAN AND 11IB CITY OF ENGLEWOOD PERT A1N1NG TO
FUNDING OF 11IB OXFORD S11lEET BRIDGE REPLACEMENT PROJECT.
Vale l'Nllb:
Ayes :
Nays :
The motion carried.
Council Mcmbcn Nabbolz, Gurctt, Bradshaw, Hlbcaic:lll,
Wagoacr, Clapp, Bums
Nooe
(b) Approval or~ OD Second RceliDg
T1JcR WCfC DO additional ilellll lUbmitted for appn,val OD ICCOlld rcediq. (Sec A,cnda Item 10 • COlmlll
Agenda.)
(c) Resolutions and Motions
.....
•·
0
•
•
Englewood City Council
December 21 , 1998
Page9
•
0
•
I •
(i) Director Long prescolt:d a recommendation from the Library to approve a
contract for the development and installation of a Smart Card 1ntemct Access Control System for the
Englewood Public Library with Amazing Smart Card Tccbnologics. The contract would put a system in
place in the Englewood Library, he advised, whcrdly aoyooc wanting to use the lotcmct would be issued a
Smart Card that would allow them to access various levels of web sites. It would enable parents to decide
for their children whether they want their kids to have full access to the Internet or limilt:d access, or even
no access, he advised. It would also do things like enable us to have a better control over things like news
groups, e-mail chat rooms, and this type of thing.
Council Member Clapp said she would like to say thank you . She said she understands that be has
worked very bard on this, and we have all struggled through this issue. It is not something that came
easily to any of us, as it is not an easy thing to get your arms around. Ms . Clapp said she is really happy
with what she secs before her and she recognized that Mr. Long has worked very hard on it. As a mother,
I thank you, she said, and as a Council Member, I thank you . She opined that this is all that we can do as
a Council, and it really puts individuals in the drivers scat as to what they arc comfortable with for
themselves and their families . She thanked him again for his hard work .
Council Member Nabholz also thanked Mr. Long. She said she attended both demonstrations that
Director Long had and they were both very informative. She said the Board, as well as Director Long,
have put in a lot of hours. She said this allows her to tell her child what he can and can not access .
Council Member Waggoner asked what the Library Board's recommendation was on this expenditure.
Mr. Long rcspoodcd that the Library Board recommcndcd, rather than spending the money oa this
contract, to hire additional Slaff to work directly with the public. They felt that would be a better use of
the money . Mr. Waggoner asked why they did not think the Smart Card was the way to go . Mr. Long
said for a variety of reasons, one is that it is a relatively new tcclmology in this usage, not Smart Card
Technology itself, but using it in libraries. We would be the lleCODd llllruy in the country to take this
route . Mr. Waggoner asked ifhe said the lleCODd library in the country, the whole U.S. of A? Mr. Long
responded affirmatively, adding that there are a lot of libraries sitting on their bands, or wringing their
bands, trying to figure out what to do with this issue, and very few are taking any pro-active SlaDCC. Mr.
Waggoner asked if they are wanting to use us as a kind ofa guinea pig. Mr. Long said he does not
consider it a guinea pig, but, ratbcr, trying to take a pro-active approach to resolving a problem. It is not a
perfect solution. he recognized. Mr. Waggoner said it is not a proven solution. Mr. Long said from what
he has seen from the demonstration, it is a proven solution, though not one that is in wide usage .
COUNCIL MEMBER CLAPP MOVED, AND IT WAS SECONDED, TO APPROVE THE
CONTRACT WITH AMAZING SMART CARD TECHNOLOGIES FOR THE SMART CARD
INSTALLATION CONCERNING THE INTERNET IN THE AMOUNT OF SIOl,O!!O.
Mayor Bums said he has talked to Mr. Long about this and there are some additional things that he would
Ii.kc to see produced before this is finalized. He asked if there is a ninety day period.
Mr. Long said yes, they have ninety days to give us the system that we arc requesting in the contract .
There arc some things that we have asked for specifically. The ability, for example, to put a limit on how
often someone uses the Internet within a twenty-four hour period, say if we were to put a two hour time
limit, so someone is not sitting there all day , they would have to go play or read a book or something like
that. Things like once the card is pulled out from the card reader tcmtinal, it would reset automatically
and instantly to the home page, u ~ to 10111C011C bringing up a site and tbco walking otf and
leaving it sitting on the tcrmioal . Tbele are IOIIIC things that we have tried to build into the c:oatract.
••
"' -
.. •· •
0
'J2xl
-
•
•
Englewood City Council
December 21, 1998
Page 10
•
0
•
Council Member Habenicht said she has some real concerns . She said she has served on the Library
Board with a lot of the members and she knows how much time and effon and thoughtfulness they put
into these concerns. She said she recognizes that the majority of the Library Board members, who were
the very first ones to want to put some son of guard in for children, even when the staff had recommended
against it. and really arc not purveyors of porn, they really look after the welfare of this community and
the children in this community. To reflect that and that they have studied this issue with you at great
length and can not find it in their minds to suppon this, I find it almost virtually impoSSll>le to suppon
this, she said. Hearing now that we would be only the second library in the country to do this, is seems to
me that we arc being experimental and that we are spending a lot of money . She said she could
understand now why the Library Board was saying rather than spending $108,000 to be an experiment for
some company through trial and error to see wbetber or not this works, would be better spent on staff or
on materials for our own library, I have to agree with that. It seems much more responsible. Cenainly I
do not suppon porn, she said, adding that she was the person who first called attention to the fact when
we had on the books a change in our zoning, in our 8-1 zoning, that would have permitted the sale of
pornography and adult materials, maybe not pornography, but adult materials in our 8-1 district. I led that
charge. Ccnainly that is not my intent to in any way purvey or in any way make accessible to children, 1
want to keep our community strong, I'm the one who is working so strong to keep the level of our
Cinderella City development high . My standards arc high, she said, and I believe the standards of our
Library Board arc high . For us to throw this kind of money at an experimental solution when we could be
holding back a little bit. watching to see what the rest of the country does, more communities who have a
lot more money to spend on litigation that might come from this, more money to spend on the
experimentation. fine! Now, if this company were to come to us and say, Mr. Long, your library is
interested in this, we want to get a handle on this, we would be willing to put this in, would you be willing
to let us wort with you and we'll pay for it, I would suppon it wholeheartedly, she said, ihve are going to
be an experiment in that way . But if this comes forward now, based on what the study and the years of
study that the Library Board has put in, 1 can not in any way support this . 1 think it is a foolish
expenditure of money .
Council Member Nabholz asked Din:ctor Long if the Library Board was presented with these
dcmonstralions or was just the one Library Board member present tbal took the recommcndalion back to
the total board. Mr. Long said we had one Library Board member al both demonstrations 111d she went
back and explained to the Board, u did he, about bow the system worked . Ms . Nabholz said that WIS her
undcl'SWlding, so the rest of the Library Board did not participate nor see this, she asked . She said it WIS
her undcrswlding tbal Council Member Habenicht WIS not pn:IClll al either of these meetings, where a lot
of these questions would have been answered. Ms . Nabholz said she had some or these same fears,
however, she asserted that she feels we need this prolective device . Also, we can advance the system a few
years down the road, if we want to, where we have one access being to the Rccn:ation Center, the Library,
the Malley Center or wherever we need iL Ms. Nabholz said she really wished she would have
encouraged Ms . Habenicht to attend those meetings, because they would have answered her questions .
Ms . Habenicht said she would like to ask if Mr. Long thinks the Library Board has been acting in
ignorance in their not supporting this . Mr. Long said no, be does not He said he would agree with her
that the Library Board has studied this issue very thoroughly over two years, just u we have . There is no
one on the Library Board that promotes pornography, or obscenity, or sexually explicit materials, any
more than anyone else in this room . 11icy have their own deep felt reasons why the system may or may
not be the best answer for this library, he said.
Council Member Waggoner asked what the vote was on awuding this COlllrlct. Mr. Long said one
member of the Board brought up to support it, and it died for lack ol a leCOlld. That was attempCed twice,
then another motion wu made to take the money and expend it for llaffin& iutead, and tbal one pwed,
with one abstention, possibly three to two with one lbltention, be comcted. Mr. Wagoner asked if this
-•
,, -
.. •· •
C
-
•
Englewood City Council
December 21 , 1998
Page 11
•
0
•
, .
proposal was not submitted to the Library Board. Mr. Long said this proposal was submitted. Mr.
Waggoner asked what the vote was on that. Mr. Long said let me back up. It was propoeS to them
before wc put it in final contract fonn . Mr. Waggoner asked, so they have not seen this? Mr. Long
responded that they have seen it, but the contract has come about after the discussion, after the
recommendation that be made to them as far as approving ncgotialing the con1111et. Mr. Waggoner said
but they haven 't seen a negotiated contract. Mr. Long said they have, but the discussion and the vote was
before the contract document was put together. Mr. Waggoner said so they haven't seen the contract
document. Mr. Long said they have seen the contract document. Mr. Waggoner said but they didn 't vote
on it. Mr. Long said no, they have not voted on the contract document itself. Mr. Waggoner said it seems
like we ought to let them vote on the contract document or sec how they look at it.
Council Member Garrett said the problem is it was Council that initiated the negotiations. Ms. Bradshaw
agreed, adding that Council told him to go ahead and negotiate . Mayor Bums said yes, wc did.
Council Member Clapp asked, the way that it sits right now in the Library with the Internet, arc we
protected from lawsuits? Mr. Long said wc are not protected from lawsuits by filtering or not filtering .
Lowden County, Virginia has been sued for placing filters on their Internet terminals. Livermore,
California has been sued for not filtering their terminals, so we can get sued either way . Mr. Long said he
has bad very lengthy discussions with the City Attorney, and be helped with the contract draft, as did
lnfonnation Services and Purchasing. He said be has talked with ocher libraries across the country, and
some arc taking a stmce and some arc not They are waiting for the perfect solution, be said, adding that
it is like waiting for the perfect computer. You will never have it.
Council Member GarTdt said, in the Lowden case, they were filtering everybody, and in this case we arc
not. People have the ability to have complete access to the lnlcmct. Mr. Long agreed. He said that is the
beauty of this system, it allows III thc flexibility to either filter very little, or none, or we could filter quite
a bit Mr. Garrett asked if be really means the UICI" has thc ability to conuol their access for thc most pan.
Mr . Long said be is saying "we" in the sense that wc will put together a policy of parental usage , as
recommended by the City Attorney . In that, wc would also address what issues, if any, that we would
want to filter for adults as well as kids . Such things as do we want to filter e-mail for adults, or sexually
explicit sites , or things like chat rooms and news groups, and we have not finalized that policy. be said.
Mr . Garren asked if there are performance guarantees in thc con1111et. Mr. Long responded affirmatively.
Mr . Waggoner said to the point of ninety-five percent, not a hWldred percent. Mr. Long said yes, and be
does not think there is anything available right now that can guarantee a hWldred percent. He said be
would be leery of it if someone said they could do it.
Counc il Member Habenicht asked if there are any filters currently in thc Library. Mr. Long said there are
filters right now on the two kids computers. Ms. Habenicht said so we do filter the children 's computers .
Mr . Long said yes, we do . Ms . Habenicht said that was at whole recommendation . Mr. Long said it was
at the Library Board 's recommeodation. Ms . Habenicht clarified that the Library Board is not
recommending that we go forward with this . Mr. Long said they are not.
Council Member Waggoner aid on page three, it says the City shall block, or unblock, a URL bued upon
a policy to be created by the City , which shall be established upon a theory o(pucaual CODICIi!. Mr. Long
said yes , this piece was put in al thc recommendation of'thc City Anomey . Mr. Waggoner asked if the
policy bas noc been esublisbcd yet. Mr. Long said no, it bas not been esublishcd, and that it is his intent
that be would wort with the Library Board and with the City Attomey to develop a policy that would
allow us the grealClt flexibility . Mr. Waggoner asked if that policy shouldn't be established before we get
into the contract agreement. Mr. Long said it is his intent that we develop a policy within the next ninety
days , if this is approved tonight, prior to signing the amtract.
-•
•
\
..
I·
'
-
•
•
•
Englewood City Council
December 21, 1998
Page 12
•
0 -I•
Mayor Bums asked if Mr. Long would bring that policy back to Council . Mr . Long said yes, he would be
glad to do that
Referring to the phrase "developed on the theory of parental consent", Mayor Burns asked if he was
talking about parental consent for youth up to eighteen. Mr. Long said yes, eighteen. Mayor Burns asked
if that is stated in here someplace. Mr. Long said no, that would be part of the policy that we would
develop. Mayor Burns said you really can't go fiuther than eighteen, anyway . Mr. Long said no, and we
have no intent to do that.
Council Member Waggoner asked what kind of policy do you detennine for an adult, since you said you
were going to control what adults can watch, also. Mr. Long said the system would give us that
flexibility . If, in developing the policy, in the wishes of the Board and the recommendation of Council,
that we were to, as an example, filter all sexually explicit sites, and I am not saying we would go there,
that could be one recommendation. then we would make that part of the policy.
Mr. Waggoner asked, if part of the policy allows someone full use or access to the Internet site, then
would you have those in a separate room somewhere so someone could watch them all by themselves?
Mr. Long said no . Mr. Waggoner said then somebody else could see them. Mr. Long said that is the risk,
and that is trying to weigh the best placement for the terminals. One of the things that we don't want to
do is to have a peep show. And we don't want to have them out of site so that people can sit and cruise to
their heart's content. Mayor Bums said we don't have that now . Mr. Long said no, and we don't intend
to. Mayor Bums said the last time we talked about this, in about a six month period, we were discussing
how many incidents you had had where someone had the sugested material on the screen. Mr. Long said
thra: or four a month would be the avenge, out of about thirteen buDdRld uses per month. Mayor Burns
said then we arc not having a heavy problem with this -· Mr. Long said we arc not having a heavy hit.
Ms. Habenicht asked if they arc able to deal with it. Mr. Long said we arc dealing with it, but staff is
frustrated by having to play policeman, and this doesn't resoM us from having to play policeman.
Council Member Habenicht asked what the cost would be. for example, if all the lntemd access for the
Library would be with some group like UAL, which docs have a filtering system on it Mr. Long said he
did not understand the question. Ms. Habenicht said she undentands that people who sublcribe to
America On Line, that they provide a screening proc:as for anybody who goes on AOL. For example, if
we limited access only to AOL, then it would already be ICftlClled. She asked what the cost would be for
the City to do something like that. Mr. Long said he is DOI sure, and he is not even sure that would be a
feasible recommendation. and that he would have to dilcuss that with Informalioa Services. America On
Line, which is a very popular service, is DOI necessarily one of the most flexible web providers, he said,
but he has not looked at that option .
Ms . Habenicht said she is really concerned about this cost.
Council Member Clapp said she just stumbled across another article in one of the major newspapers, that
it is becoming an increasing problem in the Denver libraries. Mr. Long said yes, that is his
understanding. She said she also undcntands that it is at ninety-me perteDl because technology simply
isn ·1 there for one hundred percent efficiency. She asked if Mr. Long feels that ninety-five percent of the
time we can prevent people from accidentally stumbling onto web paps that would be otrensive . Mr.
Long said he thinks we can do that if we chooae to go in that diffl:tioo, but that would be part of the policy
we have DOI developed yet. Ms. Clapp asked if Ille, as a uaer, decided that sbe waDlmd jull ccnain web
sites, then would this card enable bcr to p:t into jllll thole web lites and rally DIil haw to worry about the
rest. Mr. Long responded that he really is DIil sure be can answer quite that way . Tbe idea al the card is
that we would be able to block ccnain types of accaa, everything elle would then be opea to tbc user.
I· •
0
' [
•
Englewood City Council
December 21 , 1998
Page 13
•
0
•
, .
Mr. Waggoner said you have to put certain words or certain sites in there and if another site comes on
line, you don't know about it Mr. Long said, ifwc catch it. then we would block it Mr. Waggoner said
you would have to redo all the cards. Mr. Long said no, all the software resides on the server and the
Guardianet site. They are constantly updating this themselves. Our Internet access would filter through
them. They would block according to what parameters we would build into the policy, he explained. If
we build into there that there is no blocking at all, they would let everything go through. If we said we
want to block the majority of e-mail sites, they would block only the e-mail sites. If we said we wanted to
block the majority of sexually explicit sites, they would block the majority of sexually explicit sites, he
said.
Ms. Habenicht asked if this means we are giving Guardianet, if we go with this, the control of the
selection of what goes and does not go in our library. Mr. Long said we are giving them the first shot at
cutting out sites based on our parameters, which have yet to be defined. One of the things that I tried to
build into the contract, he said, are sites that are innocent sites and would not be blocked inappropriately,
and if something were accidentally blocked, a staff member could unblock that with a couple ofkey
strokes.
Council Member Clapp said the point she was uying to make was that. as a user, she can determine prerty
much what she wants to see and what she doesn't want to see . I am in the driver's seat. she said, and the
City is not dictating to me , no one is really laying out that groundwork except me , as the user, as the
ta,i,ayer. Mr. Long said that is correct.
Council Member Waggoner said you can do that now, a person can determine what they want to watch on
the Internet. Mr . Long said that is true, technically you are both correct. Mr. Waggoner said you have
library records now that have people's names and all the ocher kind of stuff, righl? Mr. Long said yes.
Mr. Waggoner asked if, with Guardianel, you have to do this all over apin. Mr. Long said yes, this
would be sitting in a different database. Mr. Waggoner asked why that can't be interfaced so you don't
have to duplicate your existing records. Mr. Long said because not evayooe who has a libruy card uses
the Internet. or visa versa. Mr. Waggoner said so you just him them loole. Mr. Long said be did not
undersland. Mr . Waggoner said you control the data that goes into the Guardianel, right? Mr. Long said
if someone wants full access, they would still have to have a card, which would go into the card reader,
which would be hooked up to every machine. Mr. Waggoner asked why that can't be interfaced, so you
don't have to duplicate all those records. Mr . Long responded that he supposed, for more money, it could
be. Right now, it is a stand alone system. Mr. Waggoner said it seems like it would be less money. Mr.
Long said no , because it is residing on a different computer and a different database. Someone would
have to interpret that database and rewrite it. Mr. Waggoner said be though most of that stuff could be
interconnected, or downloaded, or whatever you call it Mr . Long said that is beyond his technical
expertise whether that could be done or not. Mr. Waggoner said, if someone said they were looking up a
health issue on AIDS or contracq,tion or pregnancy ... Mr. Long said we tried to build in that those sites
would not be blocked. Mr. Waggoner said that 's right. they won't be blocked. Mr . Long said we tried to
ensure that they won 't be blocked. Mr. Waggoner said, okay, so they could still get to it through there,
the n . Mr . Long said yes.
Mr. Waggoner said on page si x. at the top of the page, it says this system shall perform satisfactorily for a
period of thirty days without failure under normal operation and intended use. lbat seems like an awful
shon period of time for SI 08,000, he said. Can't that be increased to two or three years? Mr. Long
responded that he does not think you will find a company that is going to do that. What we tried to build
in is a testing phase to make sure that what they deliver to us is what we ask for, in order for them to get
paid. They have a lot of out-of-pocket expeme, also, up front, he added, from~ the l)'IICIII to
meet our needs, as well as the card stock, so they have a financial commillllelll, also. I don't think we
•
•· •
C
-
•
Englewood City Council
December 21, 1998
Page 14
•
0
•
would find anyone who would be willing to extend that beyond, maybe sixty days, but probably not
beyond. Mr. Waggoner said so the guarantee of their system is only for thirty days. Mr. Long said that is
the testing phase that we built in, to say that it worts . Mr. Waggoner asked if there is a guarantee for
their system, a warranty. Mr. Long said the system is warranted for failure for twelve months, all the
system romponents. Mr . Waggoner said they can also terminate the rontract within thirty days . Mr.
Long said yes, as can we . Mr. Waggoner asked if that doesn't put the City to a disadvantage, if they can
come in and get their S 108,000 and cancel within thirty days. Mr. Long said he does not believe, the way
the contract reads, that they could cancel without delivering something to us . Mr . Waggoner read
"termination of rontract and remedy for breach, the rontract may, al any time, be tenninaled by either
party, upon ninety days written notice to the other without caUIC, not~ within the first ninety days
after this agreement a>IIIIIICIIOeS ." So you could be done within thirty days, right? Mr. Long said after the
system is installed we will test it for thirty days. Mr. Waggoner said they can't do that within the first
ninety days, but after thirty days after that, they could say goodbye. Ms. Clapp said 120 days. Mr. Long
said be would have to defer to the City Attorney on wbctbcr that WOlild be the c:ue .
City Attorney Brotzman said then we are going to give the system back. and we are going to say we want
our $108,000 back. Mayor Bums said that-bis next queslion, are we going to get the money back if
they terminated at that juncture. Mr. Brotzman said yes . Mr. Long said we aR going to make every
sincere effon to do so. Mayor Bums asked if that should be in the coatrac:l, then. Mr. Brotzman said we
can clarify that, if Council would like. Mayor Burns said tbal lbould be clarified. Mr. Brotzman said he
thinks that was the intent of both panics. Mayor Burns said be feels we should be able to get our money
back. Mr. Long said be would wort with Mr . Brotzman oa dial. Council Member Bradshaw said she
thinks that makes sense .
Council Member Waggoner said there is a $4,300 OOllllliaeaM per ,car. jail for what? Mr. Long said
that is maintenance, to make sure the system performs die -,, we IWUl. if there is a problc:m, there is a
trouble desk number we can call. That is ualcJtom willl wllal we do -with our automated circulation
system, we pay an annual maintenance for that, jail as die City pays an annual maintenance for using
Wmdows 9S . That is very rommon.
Mr. Waggoner said these pc:oplc are just experimental rigba now . Mr. Long said that is not the word he
would use . Mr. Waggoner said unccnain. Mr. Long said new . Ms. Habcnic:ht said unproved. Ms.
Bradshaw said innovative. Mr. Waggoner said then you have to pay for any upgrades that you want. Mr.
Long said yes, that is fairly standard. It would be the same with the IUlO!Nled circulation system, if
Ameritech came out with a new innovation, if we wanted it, we WOlild have to pay for it. Mr. Waggoner
said if they romc up with a ninety<igbt percent minimum guarantee, and they want $208,000, then you
could pay $208,000 and go for that, then. Mr . Long said the ninety.five pcrt:Clll is bis number, that be
stuck in. Mr . Waggoner said if they do romc up to ninety-eight pm:ait. wllicb is better tbaa ninety-five
percent, and they want $200,000 for the upgrade, and you nm to go willl it ... Mr. Long said if we want to
go with it, we would have to pay mon:.
Council Member Bradshaw asked if that couldn 't happen willl any coauact we enter into. Mayor Bums
said with any romputer, after you've paid for it, they don't give you the upgndcs. Mr. Waggoner said it
depends on the company, some upgradcs aR given. Mayor Burm said lDIIIC of'them are, but they are
rather minor , it seems to him.
Regarding the interface between the choice that the UICI' malia and the policy that the Library establishes,
Mayor Bums asked how those relate to each other. He asked iftbey are making a choice about bow much
exposure they want to this material, and through the paren&s for the youth. Director Long said we would
give the choice right off' the bat, following the policy lhll be WOlild wort oa with the City Anomey and
the Library Board to develop. Mayor Bwm said the policy COIIICI fint and then you cboole, depending on
•
•· •
0
f
•
•
•
Englewood City Council
December21 , 1998
Page 15
•
0
•
what the policy is . Mr. Long said yes, the policy would be in e&a before wc ewr put this into effect. As
it stands right DOW, be continued, wc could pe people u apcicm rl aae rl i-things. Either they could
have full Internet aa:ess, they could bavc aaza IO wllal is called die oalinc wnioa rl the Internet Kids
and Family Ycllow Pages. which is up to about 5,000 apec:ific liles dial-for 1F1 founeen and below. If
parents chose this for their family , if they ,et illlo tbele sites, they can 't lUlf CIUl to another site. In other
words, they arc blocked from going any fanber . T'bll is pmt rlwbal the s,llem does for us . lfa parent
says I want my kid to have full aa:ess, be said, baled OD die parameters that wc define by the policy, then
that is the parent's right to do that, and we will abide by their wishes.
Council Member Waggoner said then we won't have any compu1er5 in the Library thaljUSI anybody can
come in and usc , you would have to have a Sman Card to use them. Mr. Long said yes, if you want to get
to the Internet, and that is becoming easier. Even with things like word processors with Windows 98, you
can hop out to the web. What we found out with our reference database terminals, where we have CD
ROMS, or we have web site reference dalabases, they have links DOW to the Internet. and it is very easy for
someone to go to one of those terminals and bop out and access whatever they chose. It is our intent, he
explained, to put a card reader on any terminal thal can access the Internet, whether it is a word processor,
a reference database, whether it is a de facto Internet terminal , or whatever. Mr. Waggoner said if he
came in and wanted to usc a computer, be would have to have a Sman Card. Mr. Long said yes, and there
would be no charge for that Smart Card, unless you lose it, and then we would charge you for
replacement. Mr. Waggoner asked ifit would be one of those ergonomical card insert stations, forty-five
degree. Mr. Long said that is his intent.
Mayor Bums asked if the Council would like to sec this policy before it is adopted. Mr. Waggoner said he
certainly would . Mayor Bums said be would like to sec it, also.
Council Member Bradshaw said she docsn 't know why we can't be first sometimes. lbis type of software
is going to be in process, it is never going to be finite, it is newr going to be Id, because there are
different people who can just tacit through stuff. My c:onccm, lhc said, is that our cili7.cns have asked for
some type of limits on what their children have access to in our libraries. Council Member Waggoner
said be hasn't had a call about that at all . Ms. Bradshaw said lhc thinks that the research bas been done ,
the company has come out, this is two and a half times less than the ncarat company, and why not try it.
We have thirty days if it is not what we want. We can also back out. She said ma)1,c we could negotiate a
deal if they are going to usc us as a trial . Council Member Nabbolz said she doesn 't think they are using
us as a trial . Mr. Long said he tried to do that. Ms. Bradshaw said she thinks it behooves us to go ahead
with this at this time.
Mayor Bums said he wouldn 't mind going ahead with it, adding that be likes the fact that you can make
your own choice. He recognized that it is somewhat dangerous territory , but it is something that is
probably worth trying.
Council Member Habenicht said we really don 't have any problems right now . She said lhc thinks what a
lot of the people in the community are conccmcd about is making IW'C that wc don't have problems and
trying to be preventative. She said she certainly thinks that is the thing to do . She said lhc really believes
the technology is developing and does DOI think we should be the guinea pig. but should bold back a little
bit, maybe develop that policy and let the technology dcvclop a little bit more . M we have 1eC11 in the
world of technology, the prices go down, she said, and lhc can not -why wc lbould be paying high
prices for an albatross, when, in a year, maybe we will have _....bina that wc can lap iDto at much less
cost. She said we are DOI that size of library to be that guinea pig and lhc felt the ~ could be lpCDl
better for our community.
-
0
•· •
0
f
-
•
•
•
Englewood City Council
December 21 , 1998
Page 16
•
0
•
,-
I •
Council Member Clapp said, in terms of money, and bow you would spend it, she said she really docs not
want to put librarians in the roll of looking OYCr sboulders, 111d they have rq,eatedly said that they do DOI
want to do that. This allows them the freedom that they need in the library DOI to have to do that. This
allows parcalS the freedom to choose those boundaria. Policies CID be adopled and cbanpd in the future
to suit the community . Ms. Clapp opined that we would really be musing die boat and that we can be
leaders, 111d we bave been leaders in the put. 1bat is like ayiDg dial Cinderdla City is a guinea pig.
She said she doesn't bdievc that, it shows clear leadenbip, 111d a clear directioa in which we choose to
go .
Council Member Waggoner uked bow many problems die Libraly Im bad within die last three months .
Mr. Long said they an: ~ three or four problems a maada. He said be would cldine problems as
people looking al sexually explicit web sites. We have only bad t1l'O c:a1e1 in which we bave had to tell
SDmconc their privileges are gone, be said. Mr. Waggoner said three or four a month out of how many
users? Mr. Long said about 1,300 U1CS per month. Mr. Waggoner uked what five percent of 1,300 is.
He asked if it is about six 111d a half. Mr. Long said IU'OUlld that. Mr. Waggoner said SD you are under
five percent now. Mr. Long said yes, we are usually Wider five perccnL Mr. Waggoner said SD ninety-five
percent is DOI going to do you much good. Mr. Long said that would depend on how you look at it.
Council Member Clapp said she rcspcctfully called for the question.
Votere.lU:
Ayes :
Nays :
Council Members Nabbolz, Garrett, Bradshaw, Clapp, Bums
Council Members Habenicht, Waggoner
The motion carried.
(ii) Dircclor Grygelwicz praenred a n,commc:nda•ion from the Department or
Financial Services to adopt a raolutioa approving ...,...._.al appn,pria!ioos to die 1998 budget. He
said this is I year end IUpJ'A! m Mal apprupria!ion for a number of die different City funds, the General
Fund, the Capilal Projects Fund, die Sewer FUDd, die Cami Scrvices Fund and die Capital Equipment
Replacement Fund. A number of tbclc an: jull timing isaa, be explained, and others an: expenditures
that were DOI "-11 al die bepming oldie year. This includes die Smart Card, be added .
The rcsnlution was aaigned a number and rad by title :
RESOLUTION NO. 106, SERIES OF 1998
A RESOLtmON FOR A SUPPLEMENT AL APPROPRIATION FOR THE 1998 BUDGET OF THE
CITY OF ENGLEWOOD , COLORADO .
COUNCIL MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (i) • RESOLUTION NO. 106, Sl:1111:S OF 1991
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AMI.ND TRI.
RI.SOLUTION BY REMOVING TRI. SIOt.800 ALOTTl:D FOR TRI. LIBRARY SMART CARD
INTERNET ACCESS CONTROL SYSTEM.
Ayes : Council Mcmbcn Habcaicbt, Waggoner
Nays : Council Members Nabbolz, Garrctt, Bradshaw, Clapp, Bums
The motion failed .
Vote reaalU • aedoa to apprvft R111l11iN No. 106, Saia ti 19'1:
,;
I· •
0
'32xl
-
•
•
•
Englewood Ciiy Council
December 21 , 1998
Page 17
Ayes :
Nays :
The motion carried.
•
0
•
Council Members Nabbolz, Garrett, Bradshaw, Habenicht,
Clapp.Bums
Council Member Waggoner
(iii) Director Eaton presented a n:commcndalion from the Department of Human
Resources to adopt a resolution approving the Englewood Firefighters Contract for 1999/2000. She
reminded Council thal Martin Semple updated them about one month ago regarding the then current
status of the firefighters' contract and, since that time, the firefighters have ratified the contract. Staff" is
requesting this evening that Council approve the collective bargaining agreement between the firefighters
and the Ciiy, she said.
The resolution was assigned a number and read by title :
RES0LU110N NO . 107, SERIES OF 1998
A RESOLUTION AUTHORIZING 11fE COu.ECilVE BARGAINING CONTRACT BETWEEN 11fE
ENGLEWOOD FIREFIGHTERS LOCAL NO. 1736 AND 11IE CITY OF ENGLEWOOD FOR 111E
YEARS 1999 AND 2000.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (c:) (iii)-RESOLUTION NO. 107, SERIES OF 1998.
Mayor Bums said it seems this bas all the different pans and ingredients in it that wc discussed the last
time and be did not sec any surprises in here.
Vote raults:
Ayes :
Nays :
The motion carried.
Council Members Nabbolz, Garrett, Bradshaw, Habenicht,
Waggoner, Clapp, Bums
None
(iv) Ciiy Manager Sears presented a recornmmdatioo to adopt a resolution
authorizing the City Attorney to ncgotialC for the purchase of property and, if unsuccessful . proceed with
condemnation . He said the resolution requests suppon of the staff" to enter into negotiations in acquisition
for property that bas been identified in Englewood's 1979 Comprcbcnsivc Plan and the 1997 Ciiy of
Englewood Recreational Demand and Facilities Analysis • a fulurc property for open space linking
Centennial Park and South Plane River Greenway . He noted for the record thal be and ICVCl1ll Council
Members, along with Community Coordinator Graham, bavc aaeodcd many of Sbcridan 's Planning
Commission meetings to discuss a proposed trash transfer station al this site. We bclicvc that, at this
point in time, wc arc not certain the direction that the Ci!y of Sheridan will go . They arc cuncntly
reviewing the analysis of the information that bas been praealed to them by the propoDCDl, and they will
be making a determination in the next couple of weeks in terms of recommcndatioo to their City Council
for consideration in January. It is not in a final mre al this poiDt, be said, bul M bclicvc tllll the timing
may be the best to proceed in terms of a lease negotiation on the complclion of appraisal to begin the
proposal to acquire the property . Mr. Sears showed a map that -put togeChcr by the Pub and
Recreation Department that showed where the property is located along Union A venue . II is adjac:cnt to
the Centennial Lake, be said, and also adjacent 10 the Plane River . He pointed out the parcel that M arc
proposing to acquire . The City bas already agreed to proceed in the acquisition, be said, of a property
directly adjacent 10 Union, which is the Public Service Company . We arc in discussions right now for the
acquisition of that property, be said . Secondly, be said, for the n:cord, be would like to note that there wu
•
I· •
f
•
•
Englewood City Council
December 21 , 1998
Page 18
•
0
•
a letter, which be passed out to City Council this cvcning. and to the news media, from Denver Waste
Transfer, LLC by the proponent of this site, Ted Zigan. Since be was made aware of the City's desire to
proceed with acquisition of the site, be forwarded this letter to the City Council this evening. Several
people arc in the audience, he said. Mark Graham has been leading the staff cff"on to provide infonnation
to the Sheridan City staff and to their planning commission regarding the reasons for our opposition, the
concerns that the City has about the property. Dave Lee is alto here, be said, from the Parks and
Recreation Dcpanmcnt, and could answer any qucslions about the parks. Rick Kahm, with our
Engineering Dcpanmcnt, has also been taking a look at the uaffic: study, be advised. We just received the
traffic study last Wednesday night and we have DO( had an opponunity to review it Mr. Scars noted that
staff met earlier this afternoon and the City did a uaffic: study by anocher traffic engineer, Amie Ullcvig,
which we think is much more comprehensive, was finished in June. This traffic study was done by Leigh,
Scott, and Cleary, Incorporated and we feel there arc a number of conflicts with the traffic study that we
completed, which was a much more comprehensive nature than the one that was completed by Mr. Zigan.
We don't know whether we will have the opportunity to address some of those concerns. Mr. Scars said
that in the audience, also, arc some representatives from the Sheridan planning staff, Will Birchfield and
Randy Young. He said he does not want to put them on the spot, they arc representing the City of
Sheridan, and were here on a prior matter. He said he would be happy to answer questions after City
Attorney Brotzman added his comments.
City Attorney Brotzman said one of the issues that has come up, and there has been discussion as to
whether it is appropriate for us to negotiate for, and, if necessary, acblally use the power of eminent
domain on a park propcny outside the City. The City of'Englcwood does, as a home rule municipality,
have the power to do this, he said, and the ordinance lids fonh ~ to do that.
Council Member Waggoner said be thinks Mr. Zigan has it all wrong. At the bottom of the page it says
"to the extent that the City of'Eoglcwood is merely acting to suppon Waste Management's monopoly, or
acting in conjunction with Wastc Management, your conduct is aoti-<XllllpClitivc and grounds for a lawsuit
on antitrust violations." Mr. Waggoner said Mr. Zigan needs to know that that propcny has always been.
ever since the purchase of the part propcny CM:r there, has always been on the Comprehensive Plan for
the Parlcs and Recreation Dq,artmcol for obtaining that land to extend the park over to the Platte River.
Council Member Bradshaw said that was originally the Kcwit propcny, and, years ago when she was on
the Parlcs and Rccrcation Commission, that was a dream that Packy Romans had, of extending that over
so we could tic in the park 10;th the bike trail and people could have immcdiatc access to the park off the
bike trail . So this is DOI a new issue al all, she asscncd. Mr. Zigan is a very difficult person to read, she
said. She said her concern is that Sheridan is in an untenable position and she thinks we need to go
forward with land negotiations, adding that it is pro-active on our pan. She said she really rapccts the
staff at Sheridan. ThcY did an excellent job throughout the Planning and Zoning bearings, Mr. Birchfield
in panicular, interpreting all the different municipal codes that Sheridan has, and how this propcny docs
or does DOI fit within those codes. Mr. Birchfield should be commended on a very thorough job, she said.
Ms. Bradshaw said her concern is, she serves on the Soulh Subwban Part Fouodalioo also, and this
stretch of the bilcc trail is probably the most unsigblly. She said she docs DO( think putting tennis screens
up around a WUIC uansfer Slation is going to make it any more bClcomiog. She said she would much
rather sec that open space, and if it takes us buying the land, then 11> be il
Council Member Nabholz said she agrees wilh Council Member Bndlbaw that wc occd to move forwanl
on negotiations for purchasing this land, if poaiblc . Abo, as a protec:tivc -, that bas been one of
Council Member Bradshaw· s points, is open space, and this is a lllming point, DO( only for the Sheridan
residents to their benefit, but al11> to our Englewood raideots. She said she thiou it ii lomc:tbing wc need
to be protective of and take care of.
•
I· •
C
'
-
•
Englewood City Council
December 21, 1998
Page 19
'·
•
• I•
•
Council Member Bradshaw said -were accused of not being vigilant, as far as Wute Management goes,
and I think -UC prCUy vigilant as far as what their activities UC and bow tbey maintain their property.
She said, if'-uc not being vigilant, llbc would like to 1ee us pick that up a lot
The raolution -aaiped I number and rad by title :
RESOLt.rnON NO. IOI, SERIES OF 1998
A RESOLlJilON AtmlORIZING l1fE PUROIASE Oil CONDEMNATION OF A PARCEL OF LAND
WI11fIN 11IE crrY OF SHERIDAN, COLORADO, WIDOI WD.l. PROVIDE IMPROVED
RECREATIONAL FACil..ITIES TO 11IE CITY OF ENGLEWOOD, COLORADO.
COUNCll.. Ml:MalR IIA81NICBT MOVED, AND IT WAS SECONDED, TO APPROVE
AGINDA ITIM 11 (c) (iv) -RESOLUTION NO. t•, SIRIIS 01' 19'1.
Mayor Bums said be has rad the leUas and all the data information -have gotten on this project. and
be joins with the others on Council in stating bow inappropriate this use is. He said be -also advised
of what an excellcot job the Sllfl' II Sheridan bas doae in outlining the a,ncems, and the environmental
concerns and SD forth, OD Ibis site. He said be has not been to these meetings bimselfba:ause, in his
capacity as Mayor, it might be ioapproprille, bowever, be bas been c:losely "WllCbiDg them tbrougb the
eyes of the other Council Members and going over their rq,orts. He said be agrees that -lhoulcl ioitille
negotiations on Ibis site. He said be would like to say be thinks -sbould pursue. or CXllllinue to pursue,
our relationship with Sheridan, ba:ause, earlier this Cfflling -pulCd one m our other -. which
is an CX<%lleot interpemmeotal ~ with the City aL Sheridan. We have IUppOl1led them for
many years, the Tri~ities Commission. He said be bas aaended OD 111111)' oa:asioas ia die pat, apecially
with regard to the light rails, and it bas been wry IUCICICllftal and wry conlial with the City m Sheridan.
This is not an anti-Sheridan -bcR, -jlllt fed this is a Nally illllppl'llpliate 1111:, 111d lia:c it bas
been in our long nnge pluming for 10 loag. our <:omprelleiiii.c Plan, be llid 'llis politioo, • Mayor, is
that it is c:atainly appropriale to initiate t11ae llleplillioDI. mo.
Council Member Habellicbt added tblt llbc tlainb this will be an enben "'""mthe C"*8Dial Park,
which is an amenity enjoyed by both the citizms m ~ 11111 the citizeM m Sheridan. b is jlllt one
more opportunity for Ill to wen topdlcr, llbc said, 11111 lllaR to make the quality al life for all IJL our
ataens beacr and llnlllger. She llid • wbolcbcartedly supports this rao1uuoo 111c1 the wen that bas
been done by Council Members Nabllolz and Bradshaw, littiq duoup a llUlllber m mcetinp and trying
to do their best to make sun: that everydliog IIICI -ii fiJr our community.
Voce ..-Its:
Ayes :
Nays :
The motion carried.
Council Members Nabhol.z, Garrdt, Bradshaw, Habenicht,
Waggoner, Bums
Council Member Clapp
(v) Engineering Manager Kaluo praented a RICOllllllelldloo from the Depanmcnt
of Public Works to approw: by mocioa a COlllllct for Big Dry Cndt Channel lmpnMmenls 11tiacmt to the
Englewood Commercial loduslrial Center. He adviled tblt the low bidder on this project wu A.G.E .,
lncorporaaed. in the amount mS91,996. He lllled that t11ey bad a competitive bid 111c1 then-eight
bidden. This bid is about ICWII percent below the engineer's C1W111fe, be aid. Mr. ICahm adviacd dial
Sllfl' approached Council 111 SCudy Sellioo ia AIIPll m 1991, 111c1 llbd for dileclioa • to 11ow to
proceed, and were given ,eneral 111idelitw to prOClld with this praject. nil pnperty wa dcvelaped by
Mr. Cameron in 1991 and included in a apecial implo. M dillrict. The City Caum:il puticiplfed with
-
...
I· •
0
-
•
Englewood City Council
Dec:cmbcr 21, 1998
Pagc20
'
•
• •
II -
l •
him at that time. At lhll poinl in lime, the property-decllred to be out of'the bundn,d year flood plain
for Big Dry Credt. Later the City or Englewood panic:ipaled with Anlplboe County and the City of
Littleton and Urban Drainage Dillricl in a ncw llUdy orBig Dry Creek. Thal IIUdy changed the bundn,d
year flood plain and aued a lot or this property to be back in the 1luadnd year Oood plain and
diminished in value. Tbis panicular project would do m mc:huadimion, be advised. and ripnpping
would cause this property to apin be out or the hundred year Oood plain, thus, enhancing its value and
encouraging the owner, Mr. Cameron, to pay all the ranaining I cm on the property.
Council Member Bnidlbaw albd llboul the clilClqllllC)' in the bids. Council Member Waggoner said that
Concrete Worb or Colorado probably bad a lot or wort dial they were doing and dido 't care whether they
got the bid or not. Mr. Kabm said it al8o depends on wllll they aR bidding on.
Mr. Kabm said that A.G.E., Incorporated bad a project with 111 ._ year, they are the contractor that put
the storm drainage impro,rmenll in on South Clay Slreel. ailjlcent to the golf counc. ., we haw some
m:ent cxpcriencc with this a,mpany and they did a fine job.
Council Member Habenicbl aked Mr. Kabm to rmab ber memory. Wbcn we discuSled this at Study
Session, did we talk about bow this would impact even access to Santa Fe from Union, is that the pica: of
property we are talking about bcR7 Mr . Kabm said no, this property, this commercial center, is on the
west side or Sula Fe ud its only public ac:cea is a ripl-ill, rigbt-out all or Santa Fe. Tbcre is a private
drive that goes back to Wyandot, and then back up to Union. be llid.
Mr. Waggoner aked if the bike pad! 111111 alcmg the IIIUda lidc or the credt there, or the nocth lidc. Mr.
KahJn said our belief is tbal, in the long 11111, die bike padl will be on the Litdcton side, on the 11111th side,
so this docs not affect lhll. TIie -we felt ii -~ ID ID farwud with this projecl, be llid. is
because it enhances its value and c:aas additimal de\ 1lirpm 1,c iD Eqlnwood. We mo kmw that. on
the Littleton side where tbc bike path will be, l...ildlma pn(as 11111111 iaaaiJa open apace. ., we don't see
getting participalion with them ud Uit.a Draimlec Dillricl far daael illlpcu:.ema8 on their lidc •
any time in the future .
Mr . Waggoner asked if Urban Drainage Dillricl-'t penicipll1c. either. Mr. Kabm said typically, ifwe
would approach them, they would pll1icqac up to fifty ~ with locals llllltdling. but dial is pnably
several years clown the road.
COUNCll. MDl81:R WAGGONUl MOVU, AND ff.WAS 51:CONDl:D, TO AWAD A
CONSTRUCTION CONTllACT IN TIO AMOUNT or"""' TO A.G.l:.., INCOlll'ORABD
FOR THE CONSTRUcnON or aJG DRY CUI.I( CIIANNl:L IMPllOVDll:NTS AT l:CIC.
Ayes : Council Membcn Nabllolz, Gam:u, Bradshaw, Habenicht,
Waggoncr, Clapp, Buras
Nays : None
The mocion carried.
12 . Geaenl Dilallliea
(a) Mayor's Cboice
(i) Mayor Buras adrilml tut be panic:i.,-1--bridly ia tbc Cbrilbnas
Crusade for Children, which Safety Services apin panic:i.,-1 in lleavily Oil bellalf or the City and local
needy families on Friday. This is really quite a pn,pam. llc aid, It ii 111n111paut die -.e metro ana.
Nancy Petcrma. who is wry a1Cb UMJhed in dlia, dllcrilled earlier iD die day wllen all or the various
.. ... • ..... Vi;-1 •
" l I I ,•
•
'
'
..
I· •
0
'32 x l
•
•
•
Englewood City Council
December 21, 1998
Page 21
•
0
•
,. -
police departmenlS in the ara who participale in this uriwd at Bigs. in 1bomton, Uld spent twenty-eight
thousand dollars on toys for kids in about an hour. They all bad chits on exacdy what to get. be said, and
it was amazing to sec how they organiz.e all of this. They will haw a chit b a nine year old girl, for
instance, for twenty gifts. and they just go in there and start piling thinp into carts and it kind of startled
the other customers in the place. They bad all kinds of police cars with their lights going in a cavalcade,
and it is really quite a project, be said, and they are very proud of what they do. or counc, be said, with
all the Santa a,ps from the police department and all tboe folks panicipaling. it's really quite a program.
He a,ngratulalcd them for their cfJorlS in that area.
(ii) Mayor Burns wished Council Member Clapp all the best in her tenure at the
State Capitol. He said it has been a pleasure to work with her.
(iii) He wished everyone the best of the holidays.
(b) Council Member's Choice
(i) Council Member Nabholz:
1. She wished Council Member Clapp the best.
2. She wished the citizens of'Englcwood a happy boliday-111iidl as her fellow Council
Members and peers .
3 . She a,mplimentm the Street Deputmcnt. They were out early, around the clock, and she said
she has not had a single a,mplaint. She said she usually getl -complaints that somebody's driveway
is blocked with snow or some inrenectioo ii not sanded. She said she would like to take her bal off to
them, they have worked around the clock and done an excellent job.
(ii) Council Member Garrett :
1. He a,mplimentm the citizens of the Fourth Dislrict on their cfJons on the Centennial Park
expansion situation, because they have done a IOl of the leg MJrt to help the Council to understand the
issues, and the staff.
2. On Union A venue, be said, wc still, every oocc in awbilc, haw a truck going WCllboland on that
side. He asked wbctbcr wc have a graduated fine schedule for rq,eat o&ndcn, bccaule be undenlands
there are repeat offenders that wc sec .
Municipal Coun Judge Atencio, sitting in the audience. rapoodcd. He said the simple answer would be
that, in all of our offenses, it is • graduated fine IChedulc, according to the points, IO it ii a Id fine for the
first offense, it increases by fifty percent the ICCIOlld ofti:me, doubles fCN' the lbird offense, so there ii a
gradualcd scale . Mr. Atencio said WC haw OIIC of the bipat fine ICbedules around, IO it goes up pfflly
rapidly .
Mr. Garrett asked if there are poinlS for clriviJlg I truck in I DO truck ZIDIIC . Mr. Alalcio said be has not
had a single ticket come into c:oun b dial offcllR. 1bele may be tramc mhaioal, wbich means they
arc handled as violation code tickets, IO people limply walk up to the CXllllller and pay tboe fines
according to a Id fine ICbedulc:. That meam wbco they do tbat as a violaDoa code o8'eale, there is no
reduction in fine offered to them. ~ come into c:oun, ud they may fed dlcy .WI c:enain
circumstance, for example, with this truck thing. maybe it ii IOllldlody wllo dnM in from North Dakota,
and had never been in the City before:. That would be a ftm o8'eale, and I mipt pc them a brat, be
., .... ' . , r,,~ .
• I ,I
•· •
0
'32 x l
•
Englewood City Council
December 21, 1998
Page 22
•
• •
I•
said. All of the CMCS of this type that I am aware of that aw gone through the Violations Bureau, he
said, an: clealt with at the CXJUDtcr. The finl is a Id afl'mle, the lleCODd is a fifty pcrccnl UICR:IIC, then
doubled, and then they go up after that at an -higher rare .
Mr. Garrett said he would like to lee the padalled ICbeduJe for the DO truck 7.0lle. Mr. Alencio said he
does not know what the point Fent is OIi tbat c:llarJe. C ity Attorncy Brauman said dial 11111 to he a
violation of a traffic a,otrol device, ., he felt that would he a four point tic:kd. After c:beclting, Mr.
Atencio advi9ed that the finl offeFllc would be sixty clollan, nindy dollan for the ICCOlld, oae bwFdred
and twenty, a hundred and fifty, two fifty, three fifty, four fifty, me fifty . And they get four points each
lime.
Mr. Garrett said it seems like, with pretty Slrict enforcement for a period of time, a message would be sent.
(iii) Council Member Bradshaw :
I . She wished everyone happy holidays.
2. She said she spoke with Neighborhood and Business Development Director Simpson on Friday
and the open sp8':C zoning is going 10 Planning and Zoning in January . He would like to find a time lo
brief Council about it, she said. Ms . Bradshaw said she knows the board and commission inlervicws arc
on the 2511,, but she thought Council could spend fifteen minutes before wc start to go over the ordinance.
She asked if anyone had a problem with that, because she would like to know what is going on with that.
She said if wc bad that in place, it would aw been an easier isluc to cleal with if wc bad our parks all
zoned open space, particularly Ccntcnoi•I Put, and we are proceeding that way, anyway .
Mayor Burns said, 11 far II the Board and ConnoiRioD inlavicM, he said he thought we llid we would
ICC bow DIIDY applicants we bad, and then make I decilioo II to bow we wanted to inlCrView them, and
that is still our policy on that particular CYClliog.
Ms . Bndsbaw llid right, but she tbougbt tbat, while we were hlviog • IIOdwicb or .,......biog, he could
come in and talk to us about that, if that is okay . Mayor Bums llid 11ft. Ml. Bradshaw llid he bad said
he couldn't get on until towards the end afFcbnllly, and we need to know bd'ore then.
3. She said thank you for the support on the CaMconial l'llt isluc.
4 . She thanked staff, commcoting that they aw done an ._job this year .
(iv) Council Member Clipp:
I . She said she just wanted to explain her DO vote. It is not that she does not suppon what Council
is doing, she said, opining that they arc headed in the right dileclioo. She llid she is just not cenain that
wc are at condemnation yet. That is the piece that she ICIUgJed with, she Slid.
2 . She thanked Council for their suppon in reprds to the loteroet ICtVica. She said she feels wc
arc headed in the right direction lowud • family fricodly libruy, and we need to keep that in the
forefront.
3 . She wilbcd everyone I happy boliday, adding thlt is 11111 been I pleasure to aw with Couocil .
(v) Couoci1 Member Wauoaer:
• ......
,,. -
•· •
0
•
Englewood City Council
December 21, 1998
Page 23
•
0
•
I •
I . He brought forward a resolution specifying aid to odler agencies.
The resolution was assigned a number and rad by title:
RESOLlITION NO. 109, SERIES OF 1998
A RESOLlITION SPECIFYING AID TO 01llER AGENCIES FOR 1999 BY 1lfE CITY OF
ENGLEWOOD, COLORADO .
COUNCR. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
RESOLUTION NO. 109, SERIES or .,.,
Ayes : Council Members Nabbolz, Garrett, Bradshaw, Habenicht,
Waggoner, Clapp, Bums
Nays : None
The motion carried.
2. He wished everyone happy holidays in Hawaiian .
(vi) Council Member Habenicht:
I . She commented on the Cinderella City demolition. She said sbc recalled that Council had talked
about uying to have pieces of stuff that would be available to collectors. She asked if we are working on
that. City Manager Sears said that is a good question and we haven't really talked about it at staff level.
He asked Engineering Manager Kahm to addras that.
Mr. Kahm said he thought ii was Council Member Bradshaw that earlier brought up the brick issue . He
said they have set a bunch of bricks aside over there . We have actually been dealing with individuals as
they call us on bricks. He said he did not want to go to a lot of expense of cleaning bricks up, not
knowing what the demand would be .
Ms . Habenicht asked if there is someway that we could let people know that might be available to them.
City Manager Sears said we can put something in the next Citizen that goes out reprding that. Mr.
Kahm agreed that would be the IIIOll dfcctive way to deal with that.
2. She said it is always a pleasure to ace the holiday lighting IXJlltat. Sbe recalled when that started
a number of yean ago, it was the idea of either the llllillut or the chair of the Pub and Recreation
Commission. SICVC Neyer, who came to Council and asked if we could do this, and it has turned into quite
a wonderful tradition. She thanked the Clean, Green and Proud Commission for all the wort they have
done to make it such an exciting pan of our community .
3. She thanked staff for the wonderful follow through on looking at the traffic oo Oxford. The cross
traffic situation that the neighbors have commented on and how difficult it is for them to cross Oxford.
She said she is glad that we are looking into that for those people .
4 . She thanked Council Member Clapp for serving on Council, and aid it has been a pleasure
working with her over the yean. She said there have been a number of times that we have agreed and a
number of times that they have disagreed, but it has always been in good spirits. She wished Ms . Clapp
well .
13 . City Muqer'1 Report
• '
.,, •·
-
•
Englewood City Council
December 21, 1998
Page 24
•
• •
t•
(a) City Manqer Scars said it has been a beet al a year. Comicil wl staff cu be complimented for
"' -
a lot of the Mn that has gone on wl we baft made a lat al,..._ tluaapoul the year wl we mve a
lot of cballcnges next year, especially facing Cinderella City . From wllcre we 'Mft a year ago, be said it is
outslanding, and it is due to ewrybody's cffiJrt here, and this is sally an iDcnldibly bard worting staff.
He said he would be happy to answer any questiom, but there is sally no updale. 'The meetings are just
continuing and we are looking for the end of January to bave the contracts CIOIIIC back to Council . We are
working through each of those issues, he said.
(b) Mr. Scars said the citizens along Union, Maly c-tl and the group, mve been a delight to wort
with . They mve been .-utoring this issue, and Ibey mve been -ting wry c1o1e1y with the staff. It
bas been a great bond between Council, the staff and the repraeotalives of that community, they have
really helped, he said. We have been working with them and bave rdied heavily upon them to help us in
tenns of pushing this issue to enbancc that whole area up there .
•••••
Council Member Habenicht said, in the spirit of her family tradition and her own belief, she wished
everyone a very Merry Christmas and a happy new year .
•••••
Council Member Clapp said she forgot one wry imponant thing. Sbe said City Attorney Brotzman is
such a gentleman, and is always IO quiet over tbcre, but be m worbd wry bard on the IDICmd. She said
it has been a pleuure -ting with him.
• ••••
Council Member Nabholz said it was wonderful to iiee a lcaer 6-one al our c:outituents complimenting
our City Manager. She said be is a blessing to this City and a bradl alfresla air, and it was \'elY nice to
see that our citizens ralize that, too.
Mayor Bums said. as you go to the National Lague al Cities awmwww w1 places like that. the people
from Colorado go out of their way to compliment our City M......-ud a,mpli_. 111 for engaging him .
Mr. Scars said he is lucky to be here and lucky IO wmt widl diaa.
14 . City Atteney'1 ltc,-t
City Attorney Brotzman wisbed everyone lllppy llolidlyl.
15 . Adjaa...-t
MAYOR BURNS MOVED TO ADJOURN . The ........... 9 :40 p.m.
~~ CttyC
'
• .
•· •
0
'32 x l
-•
•
·, •
a
RECEr\/·ED
OEC ~ ~ 1S99
December 21 , 1998 CITY MO.i'IIAG ERS OH Ct::
ENGLEWOOD . CO:..OFi1-1uO
Mayor Tom Burns and
Members of City Council
3400 South Elati Street
Englewood, Colorado
80110
Dear Torn,
This letter is to inform you of my resignation from the .. Clean, Green, and Proud" /
"Keep Englewood Beautiful" commission . This is a sad, yet profoundly proud moment
for me, u I have had a significant history with the Englewood community both in
government and community affairs since 1983 .
As the City of Englewood has changed throughout the years, so have I . I believe we
both have improved with age . There is much to be proud of regarding our town 's growth
and development, especially through the lean times of the 1980's. The city council and
all of the employees of this fine city are to be congratulated for their efforts to make this
city a stronger, more economically viable, and stable community.
Now it is time to move on . This is a move in a literal sense, u I am in the process of
building a new home and will relocate to Castle Rock, Colorado in the near future .
Thank you all for allowing me the opportunity to serve u a commissioner on "CGP".
This is an exceptionally good organization which provides many good services to the
Englewood community .
Thanks for all the good times!
Sinc,tely yours ,
~"--
Susan Van Dyke
• •
0
1 32xl
•
Date
January 4 , 1999
INITIATED BY
Utilities Department
•
0 I • -
COUNCIL COMMUNICATION
Agenda Item Subject
10 a i Valley Supplement #21
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Water and Sewer Board, at their December 8 , 1897 meeting, recommended Council
approval of a Bill for an Ordinance approving Valley Supplement #21 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
,, -
The City of Englewood provides sewage treatment to a population of about 70,000 people
outside the City through contracts with numerous connector districts. The area is defined by
the natural drainage and extends south and east from Broadway to the Valley Highway and
from Hampden to Lincoln Ave. exduding Highlands Ranch. By contract the City of Englewood
must approve any additions of land to be served by the districts. These are usually in-fill
situations that are within what the City considers to be the area it has committed to serve .
Adequate capacity has been provided in the treatment plant to accommodate all such future
inclusions .
A request was made by the Valley Sanitation District representing the owner/developer , Chris
and Kelly Stark for indusion into the Valley Sanitation District. Supplement #21 is for an area
approximately .90 acres. The zoning per Arapahoe County is 1-2 , General Industrial. The
proposed use of the property is for an office and warehouse .
The legal is attached as Exhibit A . The property is located near W. Dartmouth and Shoshone,
with a proposed address of 1630 W. Dartmouth Ave .
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Bill for Ordinance
Valley Sanitation District Supplement #21 .
.. -• .... r,·,;-, • . I ' ' .
..
•· •
0
'a2xl
-
•
ORDINANCE NO._
SERIES OF 1999
•
• •
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO . 2
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
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 propoeed 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 Sanitation District; and
WHEREAS it is necellllllry for said District to amend its 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<;tigp l The Agreement between tbe City of Enslewood and Valley Sanitation
District entitled "Supplement No . 21 to Connector'• Agreement" ia hereby approved .
A copy of said Agreement is attached hereto u Ediibit A.
$ectign 2. The Mayor and City Clerk are hereby authorized to lip and atteet,
respectively, the said Agreement for and on behalf of the City Council and tbe City of
Englewood .
Introduced, read in full, and paued on fint reading on the 4th day of January,
1999.
-1-
•
..
• •
-.
I ': l '
,
-•
• •
Published as a Bill for an Ordinance on the 8th day of January, 1999.
Thomas J. Burns, Mayor
A'M'EST:
Loucrishia A. Ellis, City Clerk
I , Low:ri.ahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing ia a true copy of a Bill for an Ordinance, introduced, read
in full , and paued on first reading on the 4th day of January, 1999.
Loucrishia A. Ellis
-2-
. ,
..
• •
0
1 3?xl
-• ,,,_
• t•
. • '
SUPPLEMENT NO.~ TO CONNECTOR'S AGREEMENT
SEWER CONTRACT NO.
TiilS 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 SANITATION 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 Exhjbjt 1 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~~<
;
• X ...
t
A
. '
..
I· •
0
I
-
•
• •
•
EXHIBIT 1
THAT PART OF THE SW~ OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 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 A VE., 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 SA.ID SOUTH RIGHT OF WAY LINE 260.18 FEET
TO A POINT ON THE EASTERLY LINE OF A PUBLIC SER.VICE COMPANY
RIGHT OF WAY LINE DESCRIBED IN BOOK 727 AT PAGE 382, ARAPAHOE
COUNTY R.ECOR.DS; THENCE N 44 DEG. 47 MIN. 10 SEC. E ALONG SAID
EASTERLY LINE 315 .0S FEET; THENCE N 2 DEG. 25 MIN . SO SEC . W ALONG
SAID EASTERLY LINE 142 .52 FEET TO A POINT 30 .0 FEET SOUTH OF THE
NOR.TH LINE OF THE SOUTH ~ OF SAID SECTION 33, SAID POINT ALSO
BEING ON THE SOUTH RIGHT OF WAY LINE OF W. DARTMOUTH AVENUE;
THENCE EAST ALONG SAID SOUTH RIGHT OF WAY LINE, 44.28 FEET TO THE
POINT OF BEGINNING. EXCEPT A 1.0 FEET WIDE R.ESEllVED STRIP LYING
EAST OF AND PARALLEL TO THE EASTERLY PUBLIC SEll VICE RIGHT OF
WAY LINE . TOGETHER. WITH THE FOLLOWING EASEMENT APPURTENANT :
A NON-EXCLUSIVE, PERPETUAL EASEMENT OVER AND ACROSS THE llEAL
PllOPEllTY DESCRIBED AS FOLLOWS : A IS-FOOT WIDE STRIP, THE
NOR.THERL Y LINE OF WHICH IS MORE PAR.TICULAIU. ~ DESCJUBED AS
FOLLOWS : THAT PART OF THE SW~ OF SECTION 33, TOWNSHIP 4 SOUTH.
llANGE 68 WEST OF THE 6TH P.M. AS FOLLOWS : BEGINNING AT A POINT ON
THE SOUTH RIGHT OF WAY LINE OF WEST DARTMOUTH AVENUE, SAID
POINT BEING 49.69 FEET WEST AND 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 TEllMINUS OF SAID NOR.THERL Y LINE .
Also known as 1630 W . Dartmouth Ave ., Englewood, Colorado 80111.
DE.N VEl..017,039.01
• •
0
',
I
-
r4 .. -~r"
i
•
•
•
•
0 I • -
I""'
I! ----.-· ___ _.__T~--C:-, ----lo---.-S 69°.18'J¥ E
''\ I . I ::.X IS';'I NC
. -
w
I ' -,-
I
I
I
I
.....
,------
'------· I
I
I
I · •
C
-
•
•
•
0
. ' •
-
COUNCIL COMMUNICATION
Date Agenda Item Subject
January 4, 1999
10 a ii
, City Ditch License Agreement
with Advanced Storage LLC
STAFF SOURCE INITIATED BY
Utilities Department Stewart H . Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Water and Sewer Board, at their December 8, 1998 meeting, recommended Council approval by
Ordinance of the License Agreement with Advanced Storage for crossing the City Ditch with a %"
water line, a separate 6" fire protection water line and a parking structure.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The License Agreement is for Advanced Storage to cross under Englewood's City Ditch right-of-way
with a%" domestic water line and a e· fire protection line, to pave over the City Ditch for a parking
area and to provide an ingress/egress entry. The storage facility is located at 5001 S . Windermere St.
The water line crossings will be installed at a depth to maintain dearanc:e from the City Ditch pipe, as
required by the Utilities Department. The crossings are proposed at a section of the City Ditch located
at approximately Windermere and Belleview, on the northwest side . There will be 5' of cover over the
pipe to protect it from the parking lot. The existing City Ditch pipe is approximately 5' below the
proposed parking lot grade.
The Licensee expressly assumes full and strict liability for any and all damages of every nature to
person or property caused by the point or points where the Licensee performs any work in connection
with the crossing provided by the Licensee . The City reserves the right to make full use of the
property necessary in the operation of the City . 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 .
FINANCIAL IMPACT
None .
LIST OF ATTACHMENTS
Bill for Ordinance
License Agreement between the City of Englewood and Advanced Storage
..... -
..
•· •
0
,
2X
•
ORDINANCE NO ._
SERIES OF 1999
•
0
•
BY AUTHORITY
A BILL FOR
J{)t',
COUNCIL BILL NO . l
INTRODUCED BY COUNCIL
MEMBER~~~~~~
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
propoaed parking lot crade ; and
WHEREAS , Advanced Storage LLC 888umea full and strict liability for any and all
damages of every nature to person or property cauaed by any work in connection with
the CJ'088lllg propoaed by the Licenaee ; and
WHEREAS, the City reserves the right to make full uae of the property neceaaary in
the ope ration of the City Ditch; and
WHEREAS , the City retains all rights to operate, maintain, install, repair, remove
or relocated any of its' facilitiea located within the City's right-of-way ; and
WHEREAS. the Englewood Water and Sewer Board reviewed and recommended
approval of this 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 :
$ectjop 1. The "License Agreement" with Advanced Storage LLC is hereby accepted
and approved by the Englewood City Council , the wLioenee Agreement" is attached
hereto as "Exhibit A".
-1-
..... ••
..
•· •
0
f
-•
• C•
. • '
,,
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.
Publiahed as a Bill for an Ordinance on the 8th day of January, 1999.
Thomas J . Bums, Mayor
ATTEST:
Loucrishia A. Ellia, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read
in full , and passed on first reading on the 411o day of January, 1999.
Loucrishia A. Ellia
-2-
•
...
•
• •
0
-
•
•
•
0
•
80~K l'AC[
LICENSE AGREEMENT
eif"d'teenth THIS AGREEMENT, made and entered into as of the ~ ..
day of ~ , 1998 , .by and
between the CITY C1E' ENGLEWOOD, a municipal corporation of
Colorado, l}ereina·fte.r referred to as "City" and ____ .__ -; ....... ~.
hereinafter referred to as "Licensee,"
WITNESSETH:
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 parcel of land situated in the SE 1/4 of the SW 1/4
of Section nine: Township.,....,..._....._ ________ -=""""="'--
Range 68w of the 6th .P.M.,
City of LitUeton
County of Arapahoe, State of Colorado and lying within the
follot.;ing described lines:
BEGINNING AT THE NORn(EAST CORNER OF LOT 2 BLOCK I, WlNDERMERE EQUITIES
SUBOIVTS!ON ALSO BEING 11:tE TRUE POOO Of BEGINNING. ™ENCE soooz.i '.irw ALONG
. THE EAST LINE Of SAID LOT"' DISTANCE OF 13.31 FEET; THENCE S150.&6 ·oo·w A
DISTANCE OF 28 .'.,13 FEET; 1liENCE Sl9Dff00--W A DISTANCE Of 10.,.26 FEET; THENCE
S18009 ·oo ·w A DISTANCE OF 30 .22 FEET TO A POINT ON 11iE SO\lIH LINE OF SAID LOT 2:
n<ENCE Nll9052" 5 3-w ALONG SAID SOUTH LINE A DISTANCE OF 26 .29 FEET, THENCE
Nl8DtJ9"00 .. E A DISTANCE OF 31.7.i FEET; THENCE Nl905.5 '00'"E: A DISTANCE OF IOJ.7-'
FE..i:i-: THENCE N 150"6 ·oo·E A DISTANCE OF lH-' FEET TO A POorT ON THE NORni LINE
OF SAID LOT 2: THENCE Sll9D52 '5J""E ALONG SAID NORTH LINE A DISTANCE OF 22 .30 FEET
TO nu:;: TRUE POINT OF BEGL'-'NING . SAID PARCEL CONTAINS ~7.62 SQ. FT. (0 .101 ACRE
M0RE OF LESS)
The above-described parcel contains ____ ._OB .... 7..,3.._ ______ acres,
mo r e o r less .
. -• '
" -
• )/ ...
I • I
T
A
•· •
0
'
-
..
•
•
•
0 -
, .
BuOX ·.: ·,
1. In granting this License, the City reserves the right to ~e
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 located within the 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 ~ime 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 detennine the existence of said documents
or conflicting uses or installations.
4. The Licensee 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 parce1 ·without
express written permission from the City.
a. Upon abandonment of any right or privilege herein granted,
the right of Licensee to that extent shall tenninate, but is
obligation to indemnify and save harmless the City, its
officers 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 of any .
environmental standards and conditions of the premises. If,
as a result ot the Licensee's occupancy ot the premises and
its operations hereunder, any such law, ordinance, rule,
regu1ation is violated, Lilcensee shall protect, save
harml.ess, defend and indemnity .city from and against any
penalties, tines, costs and expenses including legal tees and
•· •
·,
0
-
-
•
•
•
•
(.
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
to JDake full use ct the property involved as my be necessary or
convenient in the operation ot the water works plant and system
under the control ot the City. ·
' IN WITNESS WHEREOF, this instrwaant has bean executed JS ot
the day and year first above written. ·
APPROVED:
.. ...__ . ·. ____ .--...,,...::...--.;•....:·~-..:....---
Stewart Fonda
Director of Utilities
APPROVED J.!fil {XO FORM:
; . ':
CITY OF ENGLEWOOD,
actinr "£11,rough and by its
Water, ap:tl, sewer Bait:td
. By,( , .6E,. __ r111A __ n __ _
·'-· ,•
•
..
• •
0
I ~~)( I
-
-
N 0 0 "0 7'0 7" E
-----------13 s f.iC'.
~~
en
•
• •
--,., -. :. ..: . ---------
ZO S>~ Sf \Vt:~
~~C: . ...i (:r.' 3K Oi.u PC :"2 J ....,
O~ll'CN '11£,l
~•vo~
N
N
0 c .
~
,,,_
(/)
co
(D
cfi
I ~
(JI
t... I • ~ l"'I 5100 S. WINDERME K:
N
N
~ a, '.:.... ··-. !t.lil!~~:::..; ... -,----, ~
>--. ~ sil..crs ! • 9.b·.~o· iT . • I I I ~i -. ')-_11Ji~ I 'ii "S;:!·~ • ' cfli· ·Iii · 7s .... va. ::-.':/ ~ ~ l;;; ""' . . ..., ! ,· • l""I ,.2 ~ J . t~· /-: i ,1, '!I~ ~ ~1·1 ~ ._ -·,~r· ·-1
~i -· ~ 5:~r I t .. 'T·.., . ..., .,;;::;;--1, . ! . . . . . iv,s'tf·ao· z ~ ....... -;. . -I· .......... ·i' ... •· ...... , . . . • ,s_.cr_ :_ m ...... ·.·. '.';' ............... -~
.. .s. 00·~4.z: V' _j_ _J6a,O~ ~ ~ -J! E
4 o· I CONC"Er ::_ w;.._< : !
I ---W--_j_---~-IU ---~----.--..... ~ 8 ~i~ ~o-·; l,.j)\TEi' I.I.M E: -1=· ~:i,.e S,.; 1/'t. sec.'~~
0
\ ce ... s 1s C" eeAQIG) • I -: i ~: . .
\ ~ I -------.-----------------~'(=N~~~ .
• .. -
UTI LITY STORM SEWER
•• ......
ST.
•.
...
•· •
0
-
-
•
•
•
•
0 I •
•
I
~ LEGAL DESCRIP_TION
PROJECT
THIS PF
OF WHI'
TO DIS ,
AREA OF
AREA OF
AREA OF
AREA OF
ZONING __
Tl'F:'.: OF
OCC UPA I\
OFr iC
WAR:.
SECC
PARKING
A PARCEL OF LANO LOCA'TED IN lHE SOUlHWEST QUARlER OF SECTION 33,
. •\ TOWNSHIP 4 SOUTH. RANGE 68 WEST, OF THE SIXll-1 PRINCIPAL MERIDIAN, CliY
OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, BEING MORE
; PARTICULARLY DESCRIBED AS FOLLOWS:
I COMMENCING AT THE CEN'TER QUARTER CORNER OF SAID SECTION 3J; 'THENCE
; S 00'20'04• W ALONG lHE EAST UNE OF lHE SOUTHWEST QUARTER OF SAID ~ SECTION 33 A DISTANCE OF 30.00 ~1 !0,THE SOUTH RIGHT-OF-WAY LINE OF
; WEST OARTMOUlH AVENUE; THENCE ·N-893839• W ALONG SAID RIGHT-OF-WA Y ~
· DISTANCE OF 358.69 FEET TO THE POINT OF BEGINNING; 'THENCE S 00'20'04. W
A DISTANCE OF 366.00 FEET; 'frlENCE N 89"38'39• W A DISTANCE OF 258 .77
FEET; lHENCE N 45·07•32• E A DISTANCE OF 314.45 FEET; 'THENCE
. N 02"05'28• W A DISTANCE OF 142.89 FEET TO THE SOUJH RIGHT-OF-WAY L.NE
·OF WEST DARTMOUlH AVENUE: 'frlENCE S 89'38'39• E ALONG SAID RIGHT-OF-Wr
A DISTANCE OF 43.28 F"EET TO lrlE POINT OF BEGINNING.
• SAID PARCEL CONTAINS 38,787 SQUARE FEET OR . 0.890 ACRES, MORE OR L~SS .
~--· . _,_ ,·,, ...
!-;-:~·i:::
. .. • .....
..
•· •
0
-
•
•
•
•
• •
•
COUNCIL COMMUNICATION
Date Agenda Item Subject
January 4 , 1999
10 a ill I
Gauging Stations at Union Avenue
&UEWWTP
INITIATED BY STAFF SOURCE
Utilities OepartmenULittleton/Englewood Wastewater
Treatment Plant
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council Bill was passed by Council January 3, 1997, approving the prior Joint Funding Agreement.
RECOMMENDED ACTION
The recommended action is to approve by Motion the Joint Funding Agreement between the City of Englewood
and the U .S . Geological Survey for October 1, 1998 to September 30, 1999.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In cooperation with the U .S.G.S. and Urban Drainage, the City of Englewood contributes 50% of the cost of
maintaining the flow gauge at Union Avenue and the flow gauge and water quality monitor at the
Littleton/Englewood Wastewater Treatment Plant. The U.S.G.S. funds the other 50% of the cost.
Information from this equipment is used to make calls for water releases from Chatfield to maintain necessary
levels at the Union Avenue reservoir and determine state water quality permit requirement for the
Littleton/Englewood Wastewater Treatment Plant.
FINANCIAL IMPACT
The Englewood Utilities Department cost of funding the Union Avenue station is $4,450.
The cost of the Littleton/Englewood Wastewater Treatment Plant Joint Funding Agreement, which includes the
gauge and monitor, is $11 ,725. This cost is split 50/50 with the City of Littleton . There is also a one-time capital
cost of $1 ,600 to the UE WWTP fund to provide new telemetry equipment for satellite and internet link. This cost
represents 50% of the total capital cost, which is shared with the U .S.G .S. As a capital expense. the cost will be
shared 50/50 with the City of Littleton.
The total cost for maintaining both gauging stations is $33,950 . The U .S .G .S . contributes $16,175 .
The funds are contained in the 1999 budgets
LIST OF ATTACHMENTS
U .S .G .S . Joint Funding Agreement
.. -• .....
•· •
0
'32 x l
-
-
•
•
• •
(.
United States Department of the Inte
U.S . GEOLOG ICAL SU RVEY
IN RE.rLY R£FU TO
Mr. Stewan Fonda , Director
Director of Utilities
City of Englewood
3400 South Elati
Englewood, Colorado 80ll0
ATTN : Cbtis Helis
Dear Mr. Fonda :
Box 250-16 1\1.S .. ___ _
Dem·er Feder;i l Ce111er
Denl'er, Color~do 80225
October I , 1998
•
Enclosed are two originals ofa Joint Funding Agreement between the City of Englewood and the
U.S . Geological Survey for the period October I. 1998 , through September 30, 1999 . The
agreement covers the cost of operation and maintenance of the sn·eamflow and water quality
stations on the South Platte River (see enclosed funding summary). The enclosed agreement is in
the amount ofS33,950-$17,775 provided by the City of Englewood and $16,175 provided in
Federal matching funds by the U.S. Geological Survey. Work perfonned with funds from this
agreement will be conducted on a fixed-price basis .
lftbe agreement is satisfactory, please sign both copies; keep one for your files ; and return the
remaining one to this office . If you have any questions. please contact me at 303-236-4882,
ext . 258 , or Greg O'Neill at 303-236-9404. ext . 11 .
ENCLOSU RE S
Sincerely,
I •
'A/.L / A~L. t,v / l .,,
William F. Horak
Di strict Ch ief
•,
..
'
• •
0
'32 x l
-
Focm 9-1366
(May 199€)
•
• •
U.S . Department of the Interior
U.S. Geological Survey
Joint Funding Agreement
FOR . . Water Resources lnvest1gat1ons
I•
Agreement No.
Customer No.
TIN
C09904000
C0108
84-6000583
THIS AGREEMENT is entered into as of the 1st day of Octob er 1998 by th e U.S. GEOLOGICAL SURVEY,
UNITED STATES DEPARTMENT OF THE INTERIOR . party of the first part , and the City of Englewood , party of the
second part.
1 . The parties hereto ag ree that sub ject to the avail ab ili ty of appropri ations and in accordance with their respective authorities
there sha ll be maintained in cooperation operation and maintenance of the streamflow and water quality stations on
the South Platte River, hereinafter called the prog ram .
2. The f oll owing amounts shall be contributed to cover all of th e cost of the necessary field and analyt ical work directly
related to th is program .
(a) $16,175.00 by the party of the first part durin g the per iod
October 1, 1998 to September 30, 1999
(b) $17,775.00* by the party of the second part during the period
October l , 1998 to September 30, 1999
* Sl,600.00 unmatched funding
(c) Add itional or reduced amounts by each party during the above period or succeeding periods as may be determined
by mutual agreement and set forth in an exchange of letters between the parties.
3 . The costs of this program may be paid by either party in conformity with the laws and regulations respectively
governing each party.
4. The field and analytical work pertain in g to this program shall be under the direction of or subject to periodic review by
an authorized representative of the party of the first part .
5 . The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their
authorized representatives . The methods employed in the field and office shall be those adopted by the party of the
first part to insure the required standards of accuracy subject to modification by mutual agreement.
6 . During the course of this program , all field and analytical work of either party pertaining to this program shall be open
to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party
may terminate this agreement upon 60 days written notice to the other party.
7 . The original records resulting from th is program will be deposited in the office of origin of those records. Upon request,
copies of the original records will be provided to the office of the other party.
8. The maps, records or reports result ing from this program shall be made available to the public as promptly as possible.
The maps, records or reports normally wi ll be published by the party of the first part. However, the party of the second
part reserves the right to publish the results of this program and, if already published by the party of the first part shall ,
upon request, be furnished by the party o f the first part , at cost. impressions su itable for purposes of reproduction
similar to that f or which the orig inal copy was prepared . The maps , records or reports publi shed by either party shall
conta in a statement of the cooperative relations between the parties .
9 . Billi ng for th is agreement w ill be ren dered annuallv . Payments of bills are due with in
60 days after the b illing date . If not paid by the due date , interest will be charged at the current Treasury rate for each
30 day pe ri od , or portion thereof , that the payment is de layed beyond the due date . (31 USC 3717 ; Comptroller
General File 9.212222, Aug ust 23 , 1983 .). c · r E I ood 1ty o ng ew
U .S . GEOLOGICAL SURVEY
UNITED STATES By
DEPARTMENT OF THE INTERIOR
By
By
w-fjvJ__
(S IG NATURE & TITLE ) By
District Chief, Colorado District
(USE REVERSE SIDE IF ADDIT IONAL SIGNATURES ARE REQUIRED)
• .....
• .
,.,
• • •
0
,
-
-
•
•
0 I • -
-u
CITY OF ENGLEWOOD/U.S. GEOLOGICAL SURVEY cooPEJtA 1lVE PROGRAM
Station
Number
Station
Name
1999 WA TEil YEAR
Opcmiaa & M•im a.z
offa&r~.
Wucr-Quauty Moanar
06710247 South Plane River below
Union Ave .. at Enalcwood
06711S65 South Plane River al EnglcwlXIII
Res.
TOTAL S19,000
Sttcemftow
Sllnoa
4.450 .: 23, "/5 o i-2.
:: J/l '13.S------.... ~
SIJJSO
COMBINED CITY AND USOS COST:
~WOOD SHARE OF EXISTING PROGRAM COSTS
~ PROPOSF.n:m,ONS ~
(
M I : ln.~tallation of satcllitc telemdry II tbe emtia& USGS Paiaa atatioa
on tbt: Swdl Plmc Jtiver • Eqlewoad(06711'65).
ENGLEWOOD SHARE OF PROPOSED ADDmON COST
-============--==-=:a,s===-====
TOTAL ENGLEWOOD COST FOR EXl~C le PROPOSED WORK• Sl7,77S
--•P·• Cau · ,-.,. c;a111""•0 tJJST' 011 ,.
To
----
-
_,
Slft"IUN 8'-0o ~ •Gal!~" U.0.o
u .,.._,. 'J~. z,, YOC4 fafklM,, ._.
...,. •••e& c!! ''"°"· 'I ...u~ 81&)1'
.,.,.. OTN•A Pf•c.& « A#a-'It.co.
Do ._ TlllillC? / 0 •a 1 UI.M NCIL
••
•
•· •
0
•
ORDINANCE NO ._
SERIES OF 1999
•
• •
BY AUTHORITY
A BILL FOR
I•
COUNCIL BILL NO . 3
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
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 coat of
operating and maintaining the station on a 50/50 basis, with the U .S .G.S.; and
WHEREAS , this Ordinsnce 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 coat o(Sl,600 to the Littleton/Englewood
Wastewater Treatment Plant Fund to provide new telemetry equipment for satellite
and internet link; and
WHEREAS , the U .S .G.S. contribution is $16, l 75 under this Apeement;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOU..OWS :
$ectipn 1. The intergovernmental apeement "U .S . Department OfThe Interior
U.S . Geological Survey Joint Funding Apeement For Water Reeoun:ea Inveatiptiona",
-1-
•
•· •
0
I
-•
• •
<'
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.
$ectjon 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 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.
Thomas J. Burns, Mayor
ATTEST:
Loucriahi.a A. Ellis, City Clerk
I. Loucriahia A. Ellis. City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read
in full, and paued on fint reading on the 8th day of January, 1999.
Loucriahia A. Ellis
. ,
•,
...
• •
0
-
•
-orml•13U
(May1ftl)
': ... .: : . --,, ,, . :
•
• •
U.S. Department ot the Interior
U.S. Qeologlcal Survey
Jolm Funding A;rNfflant
FOR Water Fluourcu Investigations
Asreement No. C09904000
C N C0108
~er o. 84-6000583
THIS AGREEMENT is enterea into as cf :he 1st day cf October 1998 by tt,e U.S. GEOLOGICAL SURVE'\t'.
UNITEO STATES OE?ARTMENT o;: THE INTERIOR. party Of tne first :>art. and the City of Englawoocl, µany of the '
second ;:,art .
1 . The patlles herr.o Bgl'N that SUbject ta tne avaJlaDlllty of ~rapwrons and In ICCDl'dance wi1h 1heir rapeclive autharitlea
lhn shall be fflllntalnlCl in ~on operation and rnain..nc. of the *-'dlow and water quality atatlone on
the South Pllaa Flivs, h••nallw called the program.
2. The following amounts shall be cont'lbutec to cover all of !he cost Cf tne necnu.ry field Ind analytical work dlrectty
related to ltU program.
(a) $16.17S.OO by the party of the first part during the period
October 1, 19" to September 30, 1"9
(b) S17,77S.oo• by in, party of the &ecOl'ld part during the period
Omber 1, 19" tD September 30, 1999
* Sl.600.00 unmatched fllndiaa
(c) Addlllonal or reduced arnountl by each !)arty during !ht above period or SUCCNCS!ng pr.oaa u may be detannined
by mutual agtNfflant and ut fotth in an eu::nange al lellara betWNn tne part!•.
3. The coats Of thla c:wogrr., may be paid by either pa,ty In conformity wttt, 1he lawe and regulations reapeaively
governing nch party.
,. The field and analytical work pertaining to !his program Iha.II be undr. the dll'9Cllon of a, acJect 10 perlccfle rwnew by
an au1horized repreunt&!ilte at ltte party of the first part.
5. The areu to be incluaed in the p.-ogram lhall be dMsmlnecl by fflt.Ual a;,eernent betwNn the palllel ._., or 1tleir
authorized ~. The rned'lada 11'11)1oyecl In the fleld and olllce lhall be thoat ldaplad by 1tle pany d the
first part 10 intur9 the 1'9qulrtd atandarda of accuracy lllbjlct 1D modification by mutual acar-nent.
6. During the course of tnie program, all fleld and analyical wo,tc ol 911her party pertain~ ID Illa program 1h11 be aper,
to ttle lnapectlon of the OINlr party, and If the woitt la not being carried on In a fflUIUally ldaflc1Dry manner, llltW party
may tarmlnate lhia aar-nent upon 80 daY9 wrttlln nollce ta 11'11 Olher party.
7. The original recorcta ruu111n; from thil pragra:n wBI be ctapoellad In the ofllce of origin of lhoee recarda. Upon requear,
copies of the o,iginal recordl wiU be pro,lded ID 1tle olllce ot the attw party.
8. The mapa, records or rapons resultlng from this program lhall be made available ID the~ u promptly u ~e.
The maps, recoraa or raporta normally wtn be l)lbllahtd by the party cf.1he first part. However. the party ol 1he NCOnd
part ruerv• the right to pubilan the reault& of iNI program and, if already publiahed by the party of the fnt pan lhall,
upon request. be fumlat'led by the party of tne Int pan. at COit. in,p.,alona suitable far purpoua al reproducllon
aimllar to lhat for wtllCl'I !he ort;lnal copy wu prapared. The maps, records or r9P(lf1a published by ~ party aha.II
contain a statement of the coopera11ve relations belwea'I the ;,art!•.
9. BIiiing for !his agrHfflen: wi ll be 1'81".clerecl MPMIPY Paymenla of bllll are due within
60 days after the billing date . I! not paid by the due cw., inlentst will be charged at the CUflWlt Treuury rate for HCh
30 day period, or poruon thareof, that the payment ii delayed beyond the due dall. (31 CISC 3717; Comptroller
General FIie B-212222, Al:gult 23, 1983.). Qty ofEnllawoocl
U.S. GEOLOGICAi. SURVEY
UNITED STATES
DEPARTMENT OF THE INTERIOR
By vr~ j_,..,_L_
(IIQNATUfli & 'l"l~L!l
l>iatrtct Clliaf. Colorado Dunict
(USE REVERSE SIDE IF AOOITIONAL SIGNATURES ARE REQUIRED)
I.
lJ< ..
I
E
I
T
..
• •
0
-
.
ORDINANCE NO._
SERIES OF 1998/1999
'
<.
•
• -
BY AUTHORITY
t~
COUNCIL BILL NO. 81
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND ENGLEWOOD
PUBLIC SCHOOLS WHEREBY ENGLEWOOD WILL HOST THE ENGLEWOOD
PUBLIC SCHOOLS WEB SITE .
WHEREAS, the City of Englewood has maintained a World Wide Web aite since
January 1997; and
WHEREAS, thia tool has allowed the City to provide updated information to
Englewood citizens and positively market itself to the rest of the world; and
WHEREAS, since implementation the City baa had over 90,000 viaita to the
City's Web Site; and
WHEREAS, Englewood Public Schools desires for the City to boat the Englewood
Public Schools Web Site; and
WHEREAS, thia project would provide positive PR for the City and allow
Englewood Public Schools to brine their orpnization into the Internet era;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Sc<;t,ipn I . The intersavernmental qreement betw•n Ens)ewood Public Schools
and the City of Englewood, Colorado whereby Eq)ewood will boat the Eq)ewood
Public Scboola Web Site, attached u "Ellhibit A", is hereby accepted and approved by
the Enclewood City Council.
$cc;;tipp 2. The Mayor is authorized to euc:ute and the City Clerk to atteet and seal
the .Agreement for and on behalf of the City of Englewood, Colorado.
Introduced, read in full, and palllled on first reading on the 21st day of December,
1998 .
-1-
. '
• .
~
..
• •
0
I I
-
•
•
• t• -.,
<.
Published as a Bill for an Ordinance on the 25,. day of December, 1998.
Read by title and paned on final reading on the 4th day of January, 1999.
Published by title as Ordinance No . ~ Series of 1998/1999, on the 8th day of
January, 1999.
Thomas J . Bums, Mayor
ATTEST :
Loucrishia A. Ellia, City Clerk
I, Loucrishia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and forqoing ia a true copy of the Ordinance paaaed on final reading
and published by title aa Ordinance No . ~ Series of 1998/1999.
Loucriabia A. Ellia
-2-
•
,
• •
0
I 2 I
-
•
•
•
• ,. -
CONTRACT
THIS AGREEMENT, entered into this __ day of 199
by and between the City of Englewood (City), whose addresa is 3400 South Elati Street,
Englewood, Colorado 80110 and The Englewood Public Schools (Schools), whose addresa is
4101 South Bannock Street, Englewood, Colorado 80110.
TERMS OF CONTRACT
NOW THEREFORE, IT IS AGREED by and between the City of Englewood and the
Englewood Public Schools that:
1. The City of Englewood, Colorado shall provide Internet World Wide Web hosting
eervice and domain name service registration for the Englewood Public Schools.
This service will allow the Schools to publish information on the Internet. For
this service the Englewood Public Schools shall pay to the City of Englewood the
sum of two hundred-fifty dollars ($250) per year, payable on January 15... In
addition, there will be to a one time setup fee in the sum of one hundred-thirty
dollars ($130) which shall be due upon commencement of the service.
2 .
3 .
4 .
The City of Englewood will proceed with the performance of the services called for
in paragraph No . 1 on January 15, 1999, and the Contract shall terminate on
December 31, 1999. Three additional one (1) year periods may be negotiated by
the City Manager or his designee.
The City will not be responsible for the content (defined u any and all, electronic
data, software, procrams, or information UNd by Customer and made available
to End Users by means of the Equipment,) or quality of information provided by
the schools to the end user (defined u any peno11 enabled, throush a data
comiection over the Internet, to acceu, use, purch.ue, download, or otherwiae
interact with the Content, which is located OD or diatributed by means of the
equipment). All such content and procramminc aball be the aole responsibility of
the Schools.
The Enclewood Public Schools qree that it will not use the services to take any
actions or make any statements that: (a) infringe on any third party's copyricht,
patent, trademark, trade secret or other proprietary richts or richts of publicity
or privacy; (b) violate any applicable law, statute, ordinance or reculation
(includinJ without limitation thoee reprding export control); (c) are defamatory,
trade libelous or unlawfully threatening; (d) are pornographic or obecene; (e)
violate any laws re1ardinc unfair competition, antidiacrimination or falae
advertiaing, or (f) result in the distribution of viruaee, trojan horaee, worm,, time
bombs, cancelbots or other aimilar harmful or deleterioua programming routines .
Neither party will be responsible for computer hardware and eoftware owned by
the other party.
5 . The City of Englewood ,hall be responaible for the profeuional quality and
technical accuracy of the aervice, provided under thia contract. The City ,hall,
without additional compenaation, correct or reviee any erron, omilaions or other
deficiencies in its boat services related to thia contract. However, thia ,hall not
include condition1 which ariee outaide of the City'• control, 1uch u any failure of
the Internet, telephone aervice, or technical failure of the School', hardware.
-1-
• .....
x ...
I • I
T
·-
..
•· •
0
'32 x l
-
•
•
•
• •
6 . The City will provide technical support and will make its beat efforts to respond
and resolve any problems in a timely manner. Support staff will be available
between the hours of 8 a .m . and 5 p .m. Monday through Friday.
7 . The City of Englewood and the Englewood Public Schools agree not to : refuse to
hire, discharge, promote, demote or discriminate in any matter of compensation;
performance , services or otherwise, against any person otherwise qualified solely
because of race, creed, sex, color, national origin or ancestry.
8 . This Contract may not be modified, amended or otherwise altered unlesa
mutually agreed upon in writing by the parties.
9 . The City of Englewood by and through its employees and agents shall be
considered for all purposes of the Contract, to be independent contractors and
not employees of the Englewood Public Schools.
10. The Englewood Public Schools by and through its employees and agents shall be
considered for all purposes of the Contract, to be independent contractors and
not employees of the City of Englewood .
11. The City of Englewood shall not asaign or transfer its interest in the Contract
without the written consent of the Englewood Public Schools. Any unauthorized
asaignment or transfer shall render the Contract null, void and of no effect as to
the Englewood Public Schools.
12 . The Englewood Public Schools shall not asaign or transfer its interest in the
Contract without the written consent of the City of Englewood. Any
unauthorized assignment or tranafer eha1l render the Contract null, void and of
no effect as to the City of Englewood.
13 . Either party of the Contract may terminate the Contract by civing to the other
party 30 days notice in writing with or without sood cauae shown. Upon delivery
of such notice by the Englewood Public Schools to the City of Enclewood and
upon expiration of the 30 day period, the City of Enclewood ahall diacontinue all
services in connection with the performance of the Contract. Aa eoon as
practicable after receipt of notice of termination, the City of Enclewood eha1l
submit a statement, showing in detail the aervicea performed under the Contract
to the date of termination. The Englewood Public Schoola ahall then pay the
City of Englewood promptly that proportion of the preac:ribed charpa which the
services actually performed under the Contract bear to the total aervicea called
for under the Contract, lesa such paymenta on account of the charp1 as have
been previoualy made .
14 . All notices and communications under the Contract to be mailed or delivered to
the City of Englewood shall be to the following addreA:
Information TechnoloCY Manqer
City of Enclewood
3400 South Elati Street
Englewood, Colorado 80110
All notice, and communications pertaininc to the Contract ,hall be mailed or
delivered to the Englewood Public Schoola at the following addreu:
-2-
• .
I
..
•· •
0
-•
• •
. .
Director of Information Technology
Englewood Public Scboola
4101 South Bannock Street
Englewood. Colorado 80110
15. The tel'Dl8 and conditiom of the Contract ahall be bindinc upon each entity, ita
eucceuon and auigne.
16. Nothinc herein ahall be comtrued u creating any penonal liability on the part
of any officer or agent of any public body which may be party hereto, nor ahall it
be comtrued u giving any rishta or benefits hereunder to anyone other than the
Enc)ewood Public Schoole and the City of Englewood.
IN WITNESS WHEREOF, the parties hereto have eucuted this Contract the day and year
firet written above.
A'M'EST: CITY OF ENGLEWOOD
Loucriahia A. Ellia, City Clerk Tbomu J. Burne, Mayor
A'M'EST: ENGLEWOOD PUBLIC SCHOOLS
Roec:oe Davideon
-3-
..
• •
0
-
'
RESOLUTION NO. _
SERIES OF 1999
<.
•
• •
,,,_
t•
//)ti
A RESOLUTION DESIGNATING THE BULLETIN BOARD IN THE LOBBY OF
ENGLEWOOD CITY HALL AS THE OFFICIAL POSTING PLACE FOR ALL NOTICES OF
THE CITY OF ENGLEWOOD.
WHEREAS, the Bulletin Board located in the Englewood City Hall Lobby baa been the
oflicial poeting place for all notice& of the City of Englewood;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
5ec;tipn 1. The official poetinc place for all noticea of the City of Enc)ewood llhall be the
Bulletin Board in the Enslewood City Hall Lobby and auch noticN llhall be poated under the
beading "PUBLIC NOTICES." Thia Redution doee not in any way al ii.elf create a
requirement for notice.
ADOPTED AND APPROVED thia 4th day of January, 1999.
Tbmnu J . Bunia, Mayor
A'M'EST:
Loucriahia A. Ellie, City Clerk
I, Loucriahia A. Ellia, City Clerk for the City of Enslewood, Colorado, hereby certify the
above is a true copy of Reeolution No.~ Seriea of 1999.
'
..
• • •
0
-
•
• "' -
-
COUNCIL COMMUNICATION
Date
January 4 , 1999
INITIATED BY
Department of Financial Services
City Clerk's Office
10 C i
Subject
Designation of Bulletin Board
in City Hall Lobby as Official
Posting Place for all Legal
Notices
STAFF SOURCE
Frank Gryglewicz, Director of Financial
Services
Loucrishia Ellis Cit Clerk
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
On January 5 , 1998 City Council designated the bulletin board in the lobby of Englewood City
Hall as the Official Posting Place for all notices of the City of Englewood .
RECOMMENDED ACTION
Approve a resolution designating the bulletin board in the lobby of Englewood City Hall as the
Official Posting Place for all notices of the City of Englewood.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The OPEN MEETINGS LAW, State Statute § 24~02 (2) (c) requires that "a local public body
shall be deemed to have given full and timely notice if the notice of the meeting is posted in a
designated public place within the boundaries of the local public body no less than twenty-four
hours prior to the holding of the meeting . The public place or places for posting such notice
shall be designated annually at the local public body's first regular meeting of each calendar
year."
FINANCIAL IMPACT
None
LIST OF ATTACHMENTS
Resolution
.. .... l' ,-;,\
' L 4 o
..
•· •
0
-
•
•
• I •
. • '
( I
COUNCIL COMMUNICATION
Date Apndaltem Subject
January 4, 1999 A Resolution Appointin1
10 C ii Hearin1 Officers
Initiated By Stall' Source
Human Resources Sue Eaton, Director
RECOMMENDED ACTION
The staff recommends the Enclewood City Council pus, by reaolution, a liat of persom for appointment to
approved liata of hearing officers for diaciplinary grievances for a period of one year with the right to be
reappointed by Council on an annual baaia ;
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
,._
The Enclewood City Council approved the puaap of Ordinance No. 19, SeriN of 1996, amend.inc E .M .C . 3-
lN-9 on May 20, 1996 which repealed the dutiea of the Enclewood Career Service Baud and provided tbat
in matters of diaciplinary appeala the City Council would appoint hearinc officen to bold bearinp and
make findings and determinations.
LIST OF ATTACHMENTS
Resolution
Biographical information and billing rates
•
..
• •
0
I X
-
•
RESOLUTION NO . _
SERIES OF 1999
(,
•
• •
A RESOLUTION ADOPTING A LIST OF PERSONS FOR APPOINTMENT AS HEARING
OFFICERS FOR DISCIPLINARY GRIEVANCES.
WHEREAS, the Englewood City Council pa811ed Ordinance No . 19, Series of 1996 which
modified the Englewood Municipal Code in regard to disciplinary appeals; and
WHEREAS, Ordinance No . 19 repealed the duties of the Englewood Career Service Board
and provided that in matters of disciplinary appeals, the City Council would appoint hearing
officers to hold hearings and make findings and determinations; and
WHEREAS, the passage ofthia resolution will provide a liat cifpersons for appointment
as hearing officers for diaciplinary grievances for a period of one year with the right to be
reappointed by Council on an annual basis;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD. COLORADO, THAT:
~-The City Council of the City of Englewood, Colorado hereby approves the
foUowinc penona for appointment u hearing officen for diaciplinary grievances by the City
of Enclewood:
lieeaec Qffiazp :
Benmu S . Alaenbers
Ronald J . Cohen
KUTY N . Nac:J-n
ADOPTED AND APPROVED thia 4th day of January, 1999.
Thomu J . Burna. Mayor
ATTEST:
Loucnshia A. Ellis. City Clerk
I, Loucriahia A . Ellia, City Clerk for the City of Englewood, Colorado, bareby certify the
above ia a true copy of Reaolution No ._ SeriN of 1999.
Loucriabia A. Ellia
•
•· •
0
I
-
•
•
0 I•
•
BENNE1T S. AISL'VllUG
RESUME
Law Ofllc:es of Bennett S. Aiseabcrg. P.C., Denver, Colando, 1980-paem
Pinner, Oonucb, Xl!p. ClmpbeU. Walka lad Clrcww. DaMr. Colando. 1958 -1980
B.A., Bccmamics, Brown Uniwnlly, 19,2
U..B., Harvard L\w School. 1955
U.S. Army, 1955 -19S7
PwNident, 8rawD Ulliwnh)'OubofColondo, 1967-19'70
PNsident, HmYlrd Law Scllool Aln:luion of Oalondo. 1914-1915
Colarado Bu Foundllim
Amaican Trial r..a.,,_ Alsncieriar
C.akndo Tdal Lawyers Aaarillkw, Bad Mmllm. lffl • 1914, Praldeac.1914-1915
Lectum. CokndD Tlial 1.nJms A,., :'r'm, lffl • ..... ,
Trial Lawy1n rar Public Jllllil:c. Saa Owbpa .. (Calando)
Foundiq Mamba'. Pllblie Jllllim PINI t1r D
lnll:nlllionll Society ol llrrian
CenHladDn II a OrlJ nta1 ~ Nlliallll BOlld ollml .Advaclcy, Ull4 · 19'4
Judicial Nmnn1d111 Ccnnisskw (o.-) -CiublnlllDlia1 Appol NP M ltll -19"
Denwr Bir Avocillion -Plaidll8I 1991 • 1992i Tnaaal. 1912 • 191.5. 1917 • 1990;
....,..._" ID laml ol Oo.m1al Coaado a. Aancf ... 1971-IMO;
~ 8-ainw C ' I, lffl • 197'7, Oahpc:nma, Tull Palm D
At1N1 Lepl Syama. 1915 • 19lfi
Colorado Bar Aaoc:iation • Clllilpcnml. lam,rufcu-.1 Cmnmian:. lffl • l9IO; eam,enan, Allefflllive 01..-ltaoldon Comniaee oa ~ lffl -
1980; Bducl C l!W, 1916 • J1Ra11; M1M:11C111i110 ••w, 19ft • 19M
lm!ructar. Tans. UmwnitJ afJ>aw:r. Sc:llaol aft.a•. 1961 • 1963
laalruc:ur, Ital Ew 1£w. Uahenily r1 Ccmnda !11ll/Dllan Scllool. 1960 • 1913
• ' I< • 1 tfrit
..
•· •
0
-•
•
· ... •
. .
1as1nca. Nadaall faldlla ror Tlill /t4vot:a:J, 191, • 191D
Amatcla Bcllld afTdal Ad..-.
,.
t•
Nadau1 ltatllllaly al Arl*raal; .,.... C N UM • Law lllll J ctslll"• l916 •
111-'i ._,.. • ... ...,..a-,.....1•-11115
Labar Alllllala' ....... Md .. adOedletne ....
,,_
'
•
'
..
• •
0
r
-
-
Bm::y •• ~. Faq.
•
•
. • '
(.
AMERICAN ARBITRATION ASSOCIATION -PANEL OF NEtlTRALS
LABOR PANEL
&miiir, C)
oa,::ptta,• N1'1tRE{ -Wl.11W.tlt
l'llprim: :nJ[.t. '1'lME 1IIIB1'DUtlUl. SERVES AS .DBl.'DWlt'R QJ IH'lDEST I ~
c::asES.
Isaas: DISc:IPLIHE, mrm, llBlBCRJIHATICJ, AEDa, carmACrllG oor,
snm::an.Y, PR.itJf1Cii, WWW, CDfDUIC.' ~ • .XB
aASSIFIC'ATlaf, wans, AlllrmlBILrl'lC, JttUSDicrmt DlSivl:!S,
~ Mm 1ICIICDG CXIElTlalS. PCBLIC mtR UB:R ~
EXPERma DaD:E; NICC11'lATltRS, ~ QJ PRHh'.D.it', VN:Mlaf
.Ill> Siat LEAVE.
lwwad:
kbib.atr.a.. V21DWIS ADIIN. I~; ml. s:x:H»S I mar, UX:. 7 (EXP.); tllrl'ED
llill!JIUd.!RS OF .Ill. I PlliS& IGl Ml> MIIJaY CCIII. IIINDG CXJS.; tllrrm
IIDIDiDS. ' tJmH PCIIDl .., LlliHr.
11:mt 11:ist:my: QB. CDHiE[., JCl'lDf (l'IIDAL ~ .IG!B:'l) , 1977-79; Fmsr ASSr.,
JliTl'!. Ciilllmt, a:«CPNX>, l!175-77; lHSliiJC1tlt OF IM (PARr-'1'lME), tlllV.
OF DENVElt, 1970-7!; R!l'l!iW!., mRV!R. JOVDm.Z CDm, 1971-72.
m, I Im· uama:::! aav. (& M); lllIV. OF EDVDl (JD S7; MS 72)
II.-dial: $ 550. 00
Plus axpalia 11; ~ canc:al.laticln fa within 7 days of 1-rin;
4/93
1
• .
..
• •
0
f
-
-
•
•
•
RESU!d
OF
RONALD J. COIIDI
2325 west 72nd Avenue
Denver, Colorado 80221
(303) 427-7584
Qualifications:
Juris Doctor Degree
University of Denver
June, 1968
Admitted by Colorado Supreme Court
October, 1968
Admitted by United States District Court
October, 1968
Admitted by United states court of Appeals
March, 1971
Admitted by United states supreM court
March, 1972
General Legal Bzperience:
Staff Attorney
Denver Legal Aid Society -1969
Associate Attorney
Berger, Rothstein, Gehler
Attorneys at Law
COllll8rce City, co -1970-1972
Partner
Gehler, Cohen
Attorneys at Law
coaaerce city, co -1972-1982
Sole Practitioner
Ronald Cohen, Attorney at Law
Denver, CO -1982 to pruent
IIWlicipal and GoYenaeatal LecJ•l bperiace:
Assistant County Attorney
Adams County, co -1970-1972
•
·-
.,
• •
0
-
-
•
• •
<.
Assistant City Attorney and Prosecuting Attorney
commerce city, co -1970-1982
Prosecuting Attorney
Horthglenn, co -1970-1972
Assistant City Attorney and Prosecuting Attorney
Brighton, co -1972-1982
City Attorney
Lafayette, co 1975-1990
:t.eqal Advisor
career service COllllission
eoamerce City, co 1982 to present
a-ring Officer
career service commerce City, co 1992 to present
Judicial Experience:
Presiding Judge
Northglenn, co -1982 to present
Presiding Judge
Federal Heights, co -1982-1990
Presiding Judge commerce city, co -1987 to present
Administrative Lav Judge
Adam& county, co -1988 to 1994
BeariD9s:
llate: $100 per ballr
-,,,----------------
• .
'
..
• •
0
'~?.
-
•
•
ORDINANCE NO .~
SERIES OF 1998/1999
•
• -
BY AUTHORITY
,.
COUNCIL BILL NO . 82
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BE1WEEN THE CITY OF SHERIDAN AND THE CITY OF ENGLEWOOD
PERTAINING TO FUNDING OF THE OXFORD STREET BRIDGE REPLACEMENT
PROJECT.
WHEREAS , the City of Sheridan has applied for and expects to obtain a $2.29
million grant from the Special Highway Committee of the State of Colorado in order to
fund the Oxford Street Bridge Replacement Project; and
WHEREAS , the Grant is conditioned upon the minimum matching contribution
either in the nature of"in-kind" contributions or cash contributions in the amount of
20% of the grant amount, or a minim um matching contribution of approximately
$458,000 ; and
WHEREAS , the City of Englewood has determined it will obtain a substantial
benefit from the improvements contemplated by the Oxford Street Bridge Replacement
Project; and
WHEREAS , the City of Sheridan agrees to appropriate for and contribute a
minimum contribution of $78,000 aa an in-kind contribution of traffic control services ;
and
WHEREAS , the City of Englewood agrees to appropriate for and provide an in-kind
contribution of $50 ,000 for the Osford Street Bridge Replacement Project, said in-kind
contribution consisting of landacape aervices, neceuary water line relocation and
rotomilling services;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS :
Se<;tion 1. The Intersovernmental Agreement between the City of Sheridan,
Colorado and the City of Englewood, Colorado pertaining to fundinc of the Oxford
Street Bndge Replacement Project, attached aa "Exhibit A", ia hereby accepted and
approved by the Englewood City Council.
Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal
the Agreement for and on behalf of the City of Enciewood, Colorado.
Introduced , read in full, and paaaed on first readinc on the 21st day of December,
1998 .
-1-
-
I . .
~
11 b i
..
.. •· •
C
'32xl
-
-
•
•
• •
<.
Published as a Bill for an Ordinance on the 25th day of December. 1998.
Read by title and passed on final reading on the 4th day of January. 1999.
Published by title as Ordinance No. ~ Series of 199811999. on the 8th day of
January, 1999.
Thomas J . Burm, Mayor
ATI'EST:
Loucri.sbia A. Ellis, City Clerk
I, Loucriabia A. Ellis, City Clerk oftbe City ofEnclewood, Colorado, hereby certify
that the above and foregoing ia a true copy of the Ordinance pUNd on final readinc
and publiabed by title as Ordinance No. ~ Series of 1998/1999 .
-2-
• .
..
• •
0
r ~? I
-
•
•
. , .
•
INTER.GOVEllNMENTAL AGR.EEMENT
This Intergovernmental Agreemem (the • Agrcemeat") is emaed into this __ day
of 199_, between the CITY OF SHERIDAN, COLORADO, a C.okndo
stalutOly city, and the CITY OF ENGLEWOOD, COLORADO, a Colorado home rule
llllmic:ipality .
WHEREAS, the City of Sheridan hu obhined a grant of $2,299,040 flOm tbe Special
Hipway Cornrnittee of the State of Colorado (the •Grant") in order to fund the Oxfonl Str=
Bridae Replacerneat P!oject;
WHEREAS, the Gram is ooactirioaed upaD lbe minirnmn matching c:olllribution either
iD die man of ·m·kind" coaaibutioas or cash conttibutiam in the amount of twenty pen:eat
~) of the pat amount, or a rninirnurn ,mtcbing CODlribution of approximately four
handmd fifty-aille thousand. eigba buadred doUam ($459,800.00);
WHEREAS, die City of Euglewood hu ddermined it will obtain a substantial benefit
from tbe improvemems contemplated by die Oxford Street Bridge Replacement Project;
WHEREAS, aUlbority for this Agreement is provided in C.R.S . § 2g.1-203; and
WHEllEAS, the City of Sheridan and tbe City of Englewood seek to rnernoriali:re lbe
U1ure of lbe City of Eq)ewood'a in-kind COllln°bulioa allowing dae City of Sheridan to obtain
die no.: y matching funds.
NOW, TifEREFORE, in coaaidenlion of dieir DUIIUal ripes and oblipliom as set
forth below, lbe City of Sbc:ridan and lbe City of E!Dglewood agree u follows:
1. Contributicw ot me CiSY gf Slsriden -, t1ac City gf nadpood . The City of
Slwidaa and the City of Englewood agree to tbe following ccamDUlioaa u set faith in IDlft
delail bereinbelow:
a . The City gf 8be;jdpp: la additicm to obcainiq tbe Grant in tbe lllloaal
of $2,299,040 u aet faith bcnin, die Oty lball appropriate for and
provide a mimmmn coalribulioa of ,eventy-eigbt tbomand doDm
cs11,ooc>.oo) u an in-kind COlll:ribaam of traffic comol semcea.
b .
-
Dac City of fnrJnmod : ne City of Enp:wood apeea to approprwe
for and provide an in·kind c:c,ntnlNti.c,n of fifty tbouaDd cloUIII
($50,000.00) to the City of Sheridan for the Oxford Street Brid&e
Replrmt P!ojed, aid in-laml COlllribalim , ... .., of heh pe
servicea, aecemry water line rux:ation, wl rotomiJliD1 NrYicea.
•
/!
X
H
I • I
T
A
..
•· •
•
-·-. --... --·---. -----·-·----·----·· .. ----·. ----·----------·· -· -... ---··-·----· --------· ---·--
I ~ f ..
J
9
i
N .
h
~ ...
~ 0 -•
I
I
I f 1.fJ~i. i · ;, ~ 1 litJ ·
l~ p. p ,,. .. ,11 l
1ffl . 9 I r
f' !i Jsi!b J:H 1,1.r . Jfi~j~
' } 1! 't''ll!I ill~ ~if ,tl~rf.
r A,J f · 1 ~ ~ 1· 1· l ... I ' i I s I ! i ii 11h~l :1; .f i JJ.'• i
~ : . l.f t I ff . GQ t I ~ i l i:11 ! [1:1-~~r H ·n~
§ I l t1,1':! !~1 !It ffi:J{
l 11· I r i I:.! a f. I· 1· r f Ii I -
•
...
r
I
I . . .
7
'
~ .
-
By:
ATl'EST:
_____ _, Cily Ccrk
•
•
CITY 01' ENGLEWOOD,
COLOliDO
..
• •
0
I ? I
-
•
•
·,
3231 South Zuni
Sheridan. CO 8011~1965
303/762-2200
FAX 303n62-2238
11)0 303/762-9634
•
•
OfflCE OF THE crrY ADMJNIS'BA'l'OR
Gary Sears. City Manager
City of Englewood
3400 S. Elati Street
Englewood. Colorado
RECEIVED
DEC 16 1998
CITY MANAGERS OFF ICE
ENGLEWOOD.COLORADO
December 16, 1998
Re: Odord Aveaae Bridte Replaceaeat Project -Coatrib•tioa Asreeaeat
Dear Mr. Scars:
As a follow up to my request from the City of Englewood i>r consideration to
participate (letter dated September 3, 1998) in the Oxford Aveaae Briqe Replaceaeat
Project I wanted to take this opportunity to update you and your City Council of the
project status.
This Tuesday, December IS, 1998, the City of Sheridan City Council will bold a
special meeting to consider awarding a contract i>r the design and consttuetion of this
project. We have been quite successful in attaining contnllutions from the W. Oxfi>rd
Avenue businesses that will benefit from this project as well as Arapahoe Cold)'. 1besc
initial contn"butions BR as follows :
Camas Colorado, Inc. $135,225.00 (in-kimi -aspbah/lay down)
F J Kent Corporation $11,500.00 (cash)
. Kloopcnbcrg lnvcstmcnl Co~ $30,000.00 (cash)
Oxford Recycling, Inc. $69,210.00 (in-kimi. materials)
Southwest Concrete Pumping $23,000.00 (cash)
Western Metals Recycling, LL $35,000.00 ( cash and in-kind)
City of Sheridan $2,299,040.00 (Ira)
$71,000.00 (in-kind services)
Arapahoe County $100,000.00 (cash)
E '
X
H
I
B
I
T
l
..
,i • • •
, 2
-
Page 2of2
December 15, 1998
..
•
• -
<hford AYeaae Bridp Replaceaeat Project
In addition, the City of Sheridan bas received a preliminary participation
collllDibncm iom Urban Dnimge mi Flood Comrol District ml we are continuing to
pursue additional participlbon fiom oda property owners along this corridor. The imm
is to be able to expmd the ICOpe of this project by ettainina a cominuous i>ur-lanc
roadway from Santa Fe Boulnmd to Federal Boulewrd, increuc the amount of
landscape/ligbl impro~ mi thoroughly address traffic comrol/safety issues
throughout tbis conidor.
Attached is a copy of the contribution agreement with signatures fiom all
participating parties. The City of Englewood's preliminary indication to participate at a
$50,000 (in-kind services) was included as part oftbis document. Now that we have all
the other commitments comaaffllJVlled I am requesting that the City of Englewood
consider entering into an inlergowrnmeatal agreement with the City of Sheridan tor their
contn"bution.
Thank you apin i>r s-ticipatiog in this project. I believe we are all part of an
exciting and ilmovatM app.-.b to &ciliratioa a much-needed public imi'asb'ucbR
project. Pleuc i=el 6'ee to comet me with any turtbcr questiom you migk have
rcprding tbis project.
Sincerely,
(.~
Randy Young
City Administrator
Enclosures
• .
•
• •
,
-
•
•
. ,~ -
W. OXFORD A VENUE BRIDGE REPLACEMENT PROJECT
CONTRIBUTION AGREEMENT
This W. Oxford Avenue Bridge Replacement Project Cootn'bution Agrccmcnt (the
• Agrccmcot") is entered into the day of 1998, by and between the
CnY OF SHERIDAN, COLORADO (the •city"); and CAMAS COLORADO, INC., a
Colorado corporation; OXFORD RECYCLING, INC., a Colorado corporation; FJ. KENT
CORP., a Colorado corporation; SOUlHWEST CONCRElE PUMPING, KLOPPENBERG
INVES1MENT COMPANY; and WESTERN METALS RECYCLING, LLC, a Colorado
corporation (collectively, the ·contn'butors"), in order to memorialize the contnbutioos of the
Contnbutors to the matching funds needed by the City to obtain ccr1ain grant monies to fund the
W. Oxford Avenue Bridge Replacement Project.
RECITALS
WHEREAS, the City bas obtained a grant ofS2,299,040.00 from the Special Highway
Commiaec of the State of Colorado (the ·Grant") in order to fimd the W. Oxford Avenue Bridge
Replacement Project;
WHEREAS, the Grant is conditioned upon the minimum matching contribution either in
the nature of "in kind" conlnbutions or cash contnbutioos in the amount of twenty pcrccnl (200.4)
of the grant amount, or a minimum matching cootnbutioo of approximately folU' hundred and
fifty-eight thousand dollars ($458,000.00);
WHEREAS, the Contributors will obcain a suhssaoti•I benefit from the improwmcols
cootrmplaled by the W. Oxford Avenue Bridge Replacement Project; and
WHEREAS, the City and the Contributars seek to mcmorillize the nature of the
contn'butioos allowing the City to obcain the occcssary matcbing fimds.
NOW, THEREFORE, in consideration of the begoing rccilals and mutual COYalllllS md
promises set forth below, and odlcr good and valuable consideration, the receipt and sufticieDc:y
of which is hereby acknowledged, the City and the Contn'butors enter into the fi:>llowing
Agrccmcnt:
1. CoJl[jbutions of the Ciy and the ~ The Ciy 11111 the Contributon llf'Ce
to the following contributions as set fi>rtb in more detail herein below:
ll/11/fl
OJtllOIID COlln8 ,C:,UWJIT
.. I· •
•
•
0
•
1. ~: In addition to obtaining the grant in the amount ofS2,.299,040.00
as set furth herein. the City shall provide a minimum contribution of seventy-eight thousand dollars
($78,00().00) as an in-kind contnbution of traffic control services.
2. Camas Colorado. Inc.: Camas Colorado, Inc. shall provide a contribution of
one hundred and thirty~ thousand, two t..mdred and fifty-fM dollars ($138,255.00) as an in-kind
contnbution of bot bituminous aspbah and lay down.
3. Oxford Rccycq, Inc.: Oxford Recycling. Inc. shall provide a contribution
of sixty-nine thousand, two hundred and ten dollars ($69,210.00) as an in-kind contribution of ABC
CI (6) ($20,856.00), Embankment Material ($25,620.00), and Str. Bldl. CL ($23,004.00).
4. F J Kent Com .: FJ Kent Corp. shall provide a cash contnbution of eleven-
thousand five-hundred dollars ($11,500).
5. Southwest Concrete Pumping: Southwest Concrete Pumping shall provide
a cash contribution of twenty-three thousand dollars ($23,000.00), as well as an in-kind contn"bution
fur the value of the use ofpropeny as a staging area.
6 . Kloppenberg Investment Conpqy: Kloppenbcrg Investmcnt Company shall
provide a cash contnbution of thirty thousand dollars ($30,000.00), as ,iw:D as an in-kind contn"bution
fur the value of the use of property as a staging area..
7. Western Metals Recycling, LLC: Western Metals Recycling, LLC shall
provide a cash and in-kind contn"bution of thirty-five thousand dollars ($35,000.00).
2. Otbq CoJl[jbutions, In addition to the contributions 1efaeuced in Paagaapi I of this
Agreemcra, the parties acknowledge the existence of the fullowing additional contributions to the W.
Oxford Avenue Bridge Replacement Project:
I . Aranahne County: A cash contribution of one hundred thousand dollars
($100,000.00), as more particularly set furth in the lntergovemmcntal Apecment between the City
and Arapahoe County, attached hereto as Exhibit A, and incorporated herein by this reference.
2. City of EQ&lewood: An in-kind contribution of fifty thousand dollars
($50,000.00), as more particularly set furth in the lntergovemmcntal Agreement between the City
and the City of Englewood, attached hereto as Esllibit B, and incorporated herein by this reterence.
·•
""' •
•.
..
• • •
-
•
•
•
3. Remedies .
1. Cjty's Remedies: The Contnbutors acknowledge that the contnbutioos
memorialized herein constitute matching funds which arc express conditions of the City obtaining the
Grant. The matching funds arc unique and irreplaceable based on their stated pwposc herein, and
damages would be a wholly inadequate remedy fur the City. Thus. upon a breach of any condition
of this Agrccmcnt, the City shall have the right to specific performance, or damages, or both.
2 . Contnbutors' Remedies: In the event the City is unable to obtain the Grant
or otherwise unable to perform this Agreemem, the Contributors' shall not be entitled to cnfurcc this
Agreement through an action for specific performance, and the Contnbutors' sole and exclusive
remedy shall be the rescission of this Agreement.
4. MjsccUancous Provisions .
1. Captions. The captions of the articles and sections of this Agreement arc fur
convcnicncc only and shall not be deemed to be relevant in resolving any question of interpretation
or construction of any section of this Agreement.
2 . Entire AKJ'CCIOOll. This instrument constitutes the entire agreement between
the Parties relative to this matter, and the provisions ofthis Agreement may be ahcrcd, amended,
waived or revoked only by an instrument in writing signed by all Parties hereto.
3. Severabilitv. If any term or provision of this Agn:emcnt shall to any extent.
be determined by a court of competent jurisdiction to be invalid or unenfun:cablc, the remainder of
this Agreement shall not be affected thereby, and each term and provision of this Agreement shall be
valid and cnfurccablc to the fullest extent permitted by law. In case the cxccption applies, the
Agreement shall be null and void after such determination.
4 . Goveminc Law. This Agreement shall be governed and construed in
accordance wilh the laws of the State of Colorado .
IN WITNESS WHEREOF , the parties to this AGREEMENT have set their hands and seals
the day and year first written above.
ATTEST :
Patricia Ann Mack, City Clerk
-
CITY OF SHERIDAN, COLORADO
By :
James Egan, Mayor
-3-
• .
..
., •· •
•
•
)
COUNTY OF fL.~4JA:L
) ss.
)
•
0 ,. -
F.J. KENT CORP., A COLORADO
CORPORATION
The foregoing instrument was subscnl,ed, sworn to and acknow~ed before me this _
day of A< IQ , 1998, by~ £ Kc t , as 8w, '4, ofF.J. Kent Corp.,
a Colorado corporation. 'f" ~~ 9. K.-J-
My cormnission expires: o--/o--b,vou
(SE AL)
Notary Public
SOUTHWEST CONCRETE PUMPING
STA TE OF C'obci'D )
) ss.
COUNTY OF Au.,p..,n('(,. )
The foregoing instrument was ~¥, sworn to and ac;px,wledged before me this~
day of L(Qt,,.by:: • 1998, by ~O'.)o\\ . as ::fttii cia.cd::: of Southwat
Concrete Pumping.
My commission expires: b(]>f19
~ ... -. :J. ~ 'w..QQ
Notary Public
.5.
ll/1.,,,,
OXFOltD a»i1Wa AGIUIIIDtT
,, -
•· •
0
'32xl
-
•
•
•
'·
CAMAS COLORADO, INC., A
COLORADO CORPORATION
STATE OF C9 \5>vAAP )
) ss.
COUNTY OF A:!:~<-)
The foregoing instrument was subscribed. j.W~m to and acknowledged before me this ~
day of':i:::>eCPMO )>µ., , 1998, by ~c'no ~oc\. as 'ff) Kn ~< of Camas
Colorado, Inc., a Colorado corporation. ~ ~ t~(t..
STATE O~• 4c )
COUNTY OF (),,,,,Ptt<-
) ss.
)
~ U,Cammlssion c-: 09124120Q;-'res
OXFORD RECYCLING, INC., A
COLORADO CORPORATION
By: ~ 1 fU= Name: __ ... i.::.:•::.::/M,'c:.=.... ... F.:...:,:.......::Ut1=..._-r ____ _
Title: fc.u,oe.t T
The foregoing instrument was sublcribcd, sworn to and acknowledged bei>re me this _
day of /.P:&+-10 , 1998, ~E-Kc ,f: , as '.Poee: I• ! ofOxfi>rd Recycling,
Inc., a Colorado corporation.
My commission expires:
(SE AL)
Notary Public
·• • ..... -
• .
•· •
•
•
•
STATEOF~
COUNTY OF /,. ,,4 ;
•
0
•
) ss.
)
I •
•
KLOPPENBERG INVESTMENT
COMPANY
The foregoing instrument was subscnl?ed, sworn to and acknowledged before me this A!.!"
dayof 0:,.....,___ .1998,byJie,i&~· ,as....lc,~. ofKloppenberg Investment Company.
My commission expires:
(SE AL)
STATE OF Colorado )
) ss. COUNTY OF Arapahoe )
~1:: METALS RECYCLING, LLC
By:~~
Name: G. Scott Gibble
Title: General Manager
The foregoing imtrument was subscnl>ed, sworn to and aclcnowledged before me this JOT"
dayof))ecrtnber ,1998,byl>Ee,• 'BwtM ,as.OFF!Ctf1Ahl'!H& ofWesternMetaJs Recycling, lLC, a Colorado COl'J)Oration.
rz./~/qq
Notary Public
-6-
•
•
I· •
C
-
•
•
•
•
0 I•
•
~:~ECa..r,-y , . 303 794 4667 1998 ,12-1 5 1 s :01 11992 P.02/04
.
INTERGOVERNMENTAL AGREEMENT
This lntergovrmtal AJreelllelll (the • Agreement1 is emercd into dtis Js-f"' day
09+ccm+t.C . 199.)L between the CrI'Y OF SHERIDAN, COLORADO, a Colando
st.a!moty city (tbe •City'), and the BOARD OF COUNTY COMMISSIONERS OP THE
COUNTY OP ARAPAHOE (the •Coualyj.
WHEREAS, the City has obtainccl a grant of $2,299,040 from the Special Highway
Committee of the State of Colorado (tbe •Grant") in order to fund tbe Omxd Street Bridp
Replacement Project;
WHEREAS, tbe Grant is cxmiriooc,d upon die minimllDl 11111cbin1 COdl.ibaticlll ahcr
ill tbe nature of ·m kind" c:oatributioaa or cm cCllllribadaas ill tbe amoam of twmty pen:mt
(20") of the grant amount. or a minimum mattlring comribation al approximaiely four
hundred fifty-nine thousand, cigb1 hundral cWJaa ($459,800.00);
WHEREAS, the County has detmnmed it will obtain a substantial benefit from the
improvements contemplated by the Oxford Stn:et Brldae Replacement Project;
WHEREAS, the benefit to the County of the Oxfvrd Street Bridae Replacement Project
is bued on a number of factors. mcludina. bat not limited to, the fact OUonl Street (a) is
dmipat.ed as a county primary hipway, (b) provides a liDk between the City and
unmcorporated areas of tbe County, (c) pnmdea acce11 .to Caaaty bmin ~ 1, (d) pnmdal
a link between vuious IIUIDicipalities within Arapahoe Coanty; aad (e) will pnwide aa:eas
to the future light rail facility serving tbe County.
WHEREAS, authority for this Apeement ii provided in C.R.S . § 29-1-203;
WHEREAS, lbe c:oatauutioll of tbe Coaaay desc:rlbed benm for die pmpaac of
CODlributing funds to the Oxford S1rcet Bridge R.eplacemmt PIOject is wilbiD tbe lepladve
and budgeting aulbority of the County
WHEREAS, the City and the County. seek to memorialize the nature of the County•
conlribution allowing the City to obtain tbe neceuary matchiq funds .
NOW, THEREFORE, in ccmsidcration of their mutual righa and obliptionl as set
bth below, the City and tbe County qree u follows:
1. Cqagibugom of the City 111d dy; Cggpty. The City wl die County ape ID
the following contributions as set forth in more detail herelnbelow:
. -• .......
•· •
0
-
,_.
•
FR0'1 tARi:.l'"'"'OE COUNT Y
L
b.
•
• t•
•
~03 794 46$7 1999 ,12-15 1s :cs 1159 2 P."'3/0~
The City: In addition to obtainma the Grant in the amoanl of $2.29
million u set forth herein, the City shall provide a migignnn
c:omribution of sevmty~pt thousand dolws ($78,000.00) • an in-and
c:ontribmion of traffic coallOl ssvic:es.
Do Cougty: The Coaary apees to appropriate foe and provide a cab
eolllributim of OIIC handred d,o,ISllld dollars ($100,000.00) to the City
foe Ille Oxford Slreet Bridp Replacemaat Project, based Oil the
impoltaDcc: of Oxford Slreet to the County II more particularly set forth
in tbe reci&ala baeco. Payment to die City lball be received within
thirty (30) days of dmmui by the City foOowiq receipt of all other
CODlribatiaaa, but no later tbu December 1, 1999.
2 . Othg Copttibuticms, In addition to the contributions refemlced in Parapaph 1
of this Asreemem, the· Parties acJmowledae that numerous other parties are contributina cash
and in-kind contributions to the Ouord Street Bridge Replacement Project, and the
cantnbutian descn"bed herein is expressly contingent on the City obtaining the total necessary
matching funds to receive the Cinnt.
3. Appropriation. Pursuant to Section 29-1-113, C.R.S., the financial obliptiom
of the County in Ibis Agreement wbicb are payable after the current fiscal year are coadngent
upon funds for that purpose being appropriated, budgeted and otherwise made available.
4. Hi¥&IltDIX'VI Proyisima.
L
b.
c.
Cgdons. 1be capdons of lhc articles and sectiaas of dua Apcmmt
are for cCllMllieDce caly and lball not be deemed lo be mleYlllt in
molving my qmmion of iadeapadlDall or COllllndiclll ol my ledioa
ofdlis~
§mim Amrrm' 1bis imbw c:malib1n die eadJe apeellleat
betwem die Pll1iea 1111adve 1o this maacr, aad die IIIO'isicm ol du
ApeelDl!lll may ba allerecl, ..,...-w, waived ar nsYODd only by an
imbUWill in --. lip,d by all Parties llenfo.
Sew;qbjljty. If any Ir.Im or provilion ol dlil A.,...-lball ta my
meat. be detambied by a c:oart of c:ampdml jarildicdcm to be iDfflid
or unmforc:cable, the ffllllinder of this Ap,emcnt lball not be affect.al
thereby, and each tmn and provision of this Apeemcm mall be valid
aad aifalceable to the fullat exient pamiued by law. In cue die
uceptioD applies. the Apeemmt lhall be mall and ~ after a:h
clmrmiDatioa.
-2-
• .....
• -
.. •· •
r·,1· 'j •
-
•
d.
•
• •
'·
1998,12-15 1511112 1992 P.1214/04
OemniRS yw. 'l1lia Apemaeal lbaJl be pamd 111111 CGIIIINeCl in
ICCGldwe w111a tbe 1awa ~ tbe s.. m Calondo.
JN WD'NESS WBl!lll!OP, tbe paitim 1D tbla AOllEEMENT Jlaw • lhelr hadl 1114
....... ..,. ... .,_ fiat wriam abcmt.
ATJ'EST:
By:
CITY OF SIIEIUDAN, COLOL\DO
BOAllD or COONTY
COMMISSIONDS 011' TD
COUNTY or AliPABOE
er-/;;J,A,J ti~
. Chair, Board of COIIDl)' c=.,,,....
•
. ,-
..
• •
0
-
•
RESOLUTION NO . _
SERIES OF 1999
•
0
•
I •
A RESOLUTION OF THE CITY OF ENGLEWOOD, COLORADO CONSENTING TO THE
TRANSFER OF CONTROL OF THE CITY'S CABLE TELE\1SION SYSTEM FRANCHISE
TO AT-&-T CORPORATION .
WHEREAS, on April 7, 1980, the City of Englewood , Colorado (the "City") grant.ed to
Mountain States Video , Inc., ("Franchisee"), a Franchise to own and operate a cable
television system in the City 88 set forth in Ordinance No. 4, Series of 1980, and entered
into a Franchise Agreement with the Franchisee dated 88 of April 7, 1980, pW'l!uant to
Ordinance NO . 4, Series of 1980; and
WHEREAS , Franchisee is a subsidiary of, and controlled by Tele-Communications, Inc., a
Delaware corporation ("TCI"); and
WHEREAS, Section 23 of the Franchise requires the City's consent to any transfer of
ownership or control thereof; and
WHEREAS , TCI has entered into an Agreement and Plan of Restructuring and Merger
(the "Merger Agreement") with AT-&-T Corp ., a New York corporation ("AT-&-T"), and Italy
Merger Corp ., a Delaware corporation ("Italy") which is a direct wholly owned subsidiary of
AT-&-T , for the purposes of the merger ofltaly with and into TCI ; and
WHEREAS, this merger will effect a change of control of TCI and the Franchise pursuant
to the Franchise; and
WHEREAS, pursuant to Section 23 of the Franchise, and 47 U.S .C . §637, as amended,
TCI and AT-&-T have requested that the City approve the transfer of control of the
Franchise from TCI to AT-&-T ; and
WHEREAS, the City has investigated both the status of the Franchise, the Franchiaee's
compliance therewith, and the technical, lecal and financial ability of AT-&-T to control the
Franchiaee's compliance with the Franchise; and
WHEREAS , baaed upon the City's investigation and representations made to the City by
TCI and AT-&-T , upon which the City is relying, the City is prepared to approve the transfer
of control of the Franchise from TCI to AT-&-T, pursuant to the conditions deacribed herein;
NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS :
$c<;tipn 1. The City hereby consents to and approves the t.ranafer of control of the
Franchise from TCI to AT-&-T .
$e<;tjqp 2. The City c:on6rms that the Franchise ia currently in full force and elfect and ia
bein& extended on a month-to-month hasia until a new qreement ia finaliaed .
5@g.jqp 3. Thia Reaolution approvinc the transfer of control ia baaed in part upon the
followin& repreaentationa and acknowledpients made by FranchiNe, TCI and AT-&-T to
the City, all of which are considered material and have been relied upon by the City:
..... , r,,t·
-• I• ,.
•.
..
• •
-
•
•
0
•
(a) That the Merger Agreement, and all of the attachments to that document,
provided to the City with FCC Form 394 ( except for those materials which have
been redacted pursuant to law, and are identified by title or topic in the Merger
Agreement and its attachments) constitutes the entire agreement regarding the
merger between TCI, Italy and AT-&-T;
(b) That additional services provided over the cable system to subscribers in the
Franchise area, presently and during the term of the Franchise and any
extensions thereof, shall, to the extent permitted by federal law, be considered
cable services. By way of example, and not by limitation, TCI's @Home content·
enriched cable internet acceSB service , currently is considered a cable service
pursuant to Title VI of the Communications Act of 1934, as amended by the
Telecommunications Act of 1996, and is not a telecommunications service;
(c) That Franchisee shall comply with all lawful requirements with respect to
nondiscriminatory acceBB to the Franchisee's cable modem platform for providers
of internet and on-line services;
(d) That all customer service standards adopted by the Greater Metro
Telecommunications Consortium remain in full force and effect, and Franchisee
will maintain staffing levels necessary to meet those standards, and all federal
regulations regarding technical standards of cable systems;
(e) That no future intra-corporate transfers, mergers, or other changes of ownership
or control, affecting the Franchise, will change the obligations or liability of
Franchisee to the City with respect to any of the terms, conditions and
obligations of the Franchisee, unleSB prior approval is granted by the City in
writing;
(f) That if Franchisee receives a written request from the City by June 30, 1999,
that on or before December 31, 1999, Franchisee, TCI and/or AT-&-T, ahall, at
its sole expense. conclude a review of the Franchise , and shall adviae the City in
writing of any provision of the Franchise which it believes is no longer applicable
due to a change in e:lliating law, or for any other reason. Thia review will be
conducted in good faith by Franchisee, TCI and/or AT-&-T, but by doing so,
Franchisee, TCI and/or AT-&-T does not waive the right to challenge in the
future any provision in the Franchise u no longer applicable under existing law,
regardleSB of whether such provision wu noted in the review. That this review
will be undertaken does not require the City's agreement with any opinions or
conclusions it may receive from Franchiaee, TCI or AT-&-T . Any diaap-eements
between the parties will be addreued u the partiee see fit at that time;
(g) That Franchisee, TCI and/or AT-&-T , will comply with all applicable laws
regarding rates for cable services within the Franchise area and all applicable
laws covering i88ues of croSB subsidization;
(h) That in the event of any failure to comply with these repreaentationa and/or
acknowledgments, or any miarepreaentationa concerning the same, the City may
enforce any penalty provisions pursuant to the Franchise and exercise any other
remedy available to it by law .
...
• • •
0
f
2
-
-
•
•
• •
$ectigp 4. By paaaage of thia Reeolution, the City makes no repreeentationa concerning
whether any violations or non-compliance iaauee exiet with reaped to the Franchiae.
Nothing in thia Reeolution shall be construed by the Franchiaee, TCI, or AT-&-T, 88
precluding the City from addreuing any prior acts of noncompliance by Franchiaee, pW'lluant
to the terms of the Franchiee.
$ectjgn 5. Thie Reeolution ehall take effect upon the closing of the Merger .Agreement.
$es;tjqp 6. Thie Reeolution is conditioned upon approval of the transaction between TCI,
AT-&-T and Italy, by their reapective shareholders, and all required federal p,vernment
agencies, in substantially the same form 88 the transaction de8cribed in the Merger
Agreement, and related documents delivered to the City with TCI'1 Form 394 filing, and in
documents delivered in l"NJIOll8I! to the City's requeate for supplemental information.
Should the tranaac:tion 88 approved by the shareholders and federal government agencies
differ in any material reapect from that represented in the documents clesc:ribed herein, this
Reeolution shall be voidable, at the eole option of the City. Within thirty (30) days following
the c:loeinc of the Merger .Agreement, Franchiaee shall file with the City a statement that the
above conditions have been met.
ADOPTED AND APPROVED this 4th of January, 1999.
ATTEST: Thomae J . 8Ul'l18, Mayor
Loucriahia A. Ellia, City Clerk
I, Loucriabia A. Ellia, City Clerk for the City alEapewood. Colorado, hereby certify the
above is a true copy al R...aueioa No._ Series al 1119 .
'
..
• •
0
-
•
•
•
0 , .
. • '
COUNCIL COMMUNICATION
Date Agenda Item Subject
Transfer of Control of Cable
Franchise Agreement to
January 4, 1999 11 Ci AT·&·T Corp.
Initiated By Staff Sources
City Attorney's Office Nancy Reid, Assistant City Attorney
Leigh Ann Hoffhines, Communications Specialist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In 1967, 1973, and 1980, the Englewood City Council approved ordinances relating to cable television
franchise agreements. The current cable franchise television agreement with Mountain States Video
(a TCI subsidiary) has been in effect since April, 1980. In June, 1995, City Council authorized the
extension of the current Cable Television System Permit on a month-to-month basis until a new
agreement is finalized.
RECOMMENDED ACTION
Staff seeks Council support for a resolution consenting to the transfer of control of the City's Cable
Television System Franchise to AT-&-T Corporation .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In June of this year, TCI announced its intent to merge with AT-&-T. Englewood's cable franchise
agreement requires that approval be obtained from the local franchising authority for this transfer of
control. On September 14, 1998, TCI delivered to the City a request for consent to change of control
associated with the merger. Under federal law, the City has 120 days from that date to take action on
the request. TCI has granted all Greater Metro Telecommunications Consortium communities an
extension until January 31 , 1999 to act on its transfer request. If the City does not take action within
the allotted time, consent will be deemed automatically granted. If approved, Englewood's franchise
agreement will continue to be held by Mountain States Video as a subsidiary of TCI, with the ultimate
parent company being AT-&-T.
On behaH of many metro-area municipalities, including Englewood, the Greater Metro
Telecommunications Consortium (GMTC) has researched the merger agreement, federal
communications law as it impacts local governments, and the ability of AT-&-T to comply with the
technical , legal, and financial obligations of local franchise agreements. The GMTC has developed a
Mmodel resolution" that most metro area communities will use to approve the transfer of control. The
resolution contains the following conditions that will require TCI and AT -&-T to :
-comply with existing franchise obligations
-comply with any changes in federal law regarding classification of services and rates
-maintain existing levels of technical and customer service employees
-comply with the Customer Service Standards adopted by all GMTC communities
-conduct a legal audit within one year to ensure that all conditions of the franchise agreement
are being complied with and are still in accordance with federal law
'
.....
• ~
...
•· •
0
-
•
•
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 TELEVISION SYSTEM FRANCHISEE
TO AT-&-T CORPORATION.
WHEREAS, on April 7, 1980, the City of Englewood, Colorado (the "City") granted to
Mountain States Video, Inc., ('Franchisee"), a Franchisee to own and operate a cable
television system in the City as set forth in Ordinance No. 4, Series of 1980, and entered
into a Franchisee Agreement with the Franchisee dated as of April 7, 1980, pursuant to the
Ordinance NO. 4, Series of 1980; and
WHEREAS, Franchisee is a subsidiary of, and controlled by Tele-Communications, Inc ., a
Delaware corporation ("TCI"); and
WHEREAS , Section 23 of the Franchisee requires the City's consent to any transfer of
ownership or control thereof; and
WHEREAS, TCI has entered into an Agreement and Plan of Restructuring and Merger
(the "Merger Agreement") withAT-&-T Corp., a New York corporation ("AT-&-T"), and Italy
Merger Corp ., a Delaware corporation ("Italy") which is a direct wholly owned subsidiary of
AT-&-T, for the purposes of the merger ofltaly with and into TCI; and
WHEREAS , this merger will effect a change of control of TCI and the Franchisee
pursuant to the Franchisee; and
WHEREAS, pursuant to Section 23 of the Franchisee, and 47 U.S.C. §537, as amended,
TCI and AT -&-T have requested that the City approve of the transfer of control of the
Franchisee from TCI to AT-&-T ; and
WHEREAS, the City has investigated both the status of the Franchisee, the Franchisee's
complisnce therewith, and the technical, lepl and financial ability of AT-&-T to control the
Franchisee's compliance with the Franchise; and
WHEREAS, based upon the City 's investication and repreaentations made to the City by
TCI and AT-&-T , upon which the City is relyins, the City is prepared to approve the tranafer
of control of the Franchisee from TCI to AT-&-T , pursuant to the conditions deacribed herein;
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS :
$cctjpp l . The City hereby consents to and approves the tranafer of control of the
Franchisee from TCI toAT-&-T.
$eg,ipn 2. The City confirms that the Franchiaee is currently in full force and effect and is
bemg extended on a month-to-month basis until a new agreement is finalized .
5cs;t,iqp 3. This Reaolution approvin& the tranafer of control is hued in part upon the
followmg repreaentationa and acknowledcmenta made by Franchisee, TCI and AT-&-T to
the City, aU ofwluch are conaidered mat.enal and have been relied upon by the City:
• •
0
'
•
•
• -
(a) That the Merger Agreement, and all of the attachments to that document,
provided to the City with FCC Form 394 ( except for those materials which have
been redacted pursuant to law , and are identified by title or topic in the Merger
Agreement and its attachments) constitutes the entire agreement regarding the
merger between TCI, Italy and AT-&-T ;
(b) That additional services provided over the cable system to subscribers in the
Franchisee area, presently and during the term of the Franchisee and any
extensions thereof, shall, to the extent permitted by federal law, be considered
cable services. By way of example, and not by limitation, TCl's @Home content-
enriched cable internet acce88 service, currently is considered a cable service
pursuant to Title VI of the Communications Act of 1934, as amended by the
Telecommunications Act of 1996, and is not a telecommunications service ;
(c) That Franchisee shall comply with all lawful requirements with respect to
nondiscriminatory acce88 to the Franchisee's cable modem platform for providers
of internet and on-line services;
(d) That all customer service standards adopted by the Greater Metro
Telecommunications Consortium remain in full force and effect, and Franchisee
will maintain staffing levels nece88ary to meet those standards, and all federal
regulations regarding technical standards of cable systems;
(e) That no future intra-corporate transfers, mergers, or other changes of ownership
or control, affecting the Franchisee, will change the obligations or liability of
Franchisee to the City with respect to any of the terms, conditions and
obligations of the Franchisee, unle88 prior approval is granted by the City in
writing;
(f) That if Franchisee receives a written request from the City by June 30, 1999,
that on or before December 31 , 1999, Franchisee, TCI and/or AT-&-T shall, at
its sole expense, conclude a review of the Franchisee, and shall advise the City in
writing of any provision of the Franchisee which it believes is no longer
applicable due to a change in existing law , or for any other reaaon. Thia review
will be conducted in good faith by Franchisee, TCI and/or AT-&-T , but by doing
so, Franchisee, TCI and/or AT -&-T does not waive the right to challenge in the
future any provision in the Franchisee as no longer applicable under exiating
law , regardless of whether such provision was noted in the review . That thia
review will be undertaken does not require the City's agreement with any
opinions or conclusions it may receive from Franchisee, TCI or AT-&-T . Any
disagreements between the parties will be addreeaed aa the parties see fit at
that time ;
(g) That Franchisee, TCI and/or AT-&-T will comply with all applicable lawa
regarding rates for cable services within the Franchisee area and all applicable
laws covering issues of cross subsidization;
(h) That in the event of any failure to comply with these repreaentationa and/or
acknowledgments. or any misrepresentations concerninc the same, the City may
enforce any penalty provisions purauant to the Franchisee and exerciae any other
remedy available to it by law.
• .
,I
,; •· •
0
-•
• •
,.
Ses;tion 4. By passage of this Resolution, the City makes no repreaentations concerning
whether any violations or non-compliance issues exist with respect to the Franchisee.
Nothing in this Resolution shall be construed by the Franchisee, TCI , or AT-&-T as
precluding the City from addressing any prior acts of noncompliance by F'ranchiaee, pursuant
to the terms of the Franchisee .
$es;tion 5. This Resolution shall take effect upon the closing of the Merger Agreement.
Ses;tion 6. This Resolution is conditioned upon approval of the transaction between TCI ,
AT-&-T and Italy, by their respective shareholders, and all required federal government
agencies, in substantially the same form as the transaction deacribed in the Merger
Agreement, and related documents delivered to the City with TCI's Form 394 filing, and in
documents delivered in response to the City's requests for supplemental information.
Should the transaction as approved by the shareholders and federal government apncies
differ in any material respect from that repreaented in the documents deecribed herein. this
Reeolution shall be voidable, at the sole option of the City. Within thirty (30) daya following
the cloeing of the Merger Agreement, Franchisee shall file with the City a statement that the
above conditions have been met.
ADOPTED AND APPROVED this 4th of January, 1999.
ATTEST: Thomas J . Bums, Mayor
Loucriahia A. Ellis, City Clerk
I, Loucriahia A. Ellis, City Clerk for the City ofEqlewood, Colorado, hereby certify the
above is a true copy of Resolution No .~ Series of 1999.
'
'I
..
• •
0
-•
•
. • '
t .
COUNCIL COMMUNICATION
Date Acenda Item Subject
January 4, 1999 A---~· ll C il i IINr1lic oer ,
Initiated By Staff Source
Human Reaource• Sue Eaton. Director
llECOMMENDEDACl'ION
The 1tllft' reoommende the Enclewood City Council pa•. by motion, the appointment of a bearing officer for
tbe Jeff Herriot appeal.
BACKGROUND, ANALYSIS, AND ALTER.NATIVES IDENTIFIED
..
The Englewood City CollDCil approved tbe paaeap of Ordinance No . 19, Serio of 1996, amending E.M.C. 3-
lN-9 on May 20, 1996 which repealed the duties of the Enclewood Career Service Board and provided that
in matters of diaciplinary appeale the City Council would appoint hearing officers to bold bearinp and
make findings and determinationa. Jeff Herriot bu submitted a requeat for an appeal to a bearing officer
of a disciplinary action.
LIST OF A'M'ACHMENTS
Request
'
' ''
• •
0
-
•
•
• t•
•
MEMORANDUM
TO:
FROM:
DATE:
Mayor Bums and City Council Members
Loucrishia A. Ellis, City Clerk
December 17, 1998
SUBJECT: REQUEST FOR APPEAL TO A HEARING OFFICER
In accordance with the Englewood Municipal Code 1985 § 3-1N-9 (C) (4) I am
notifying you that I have received a request for an appeal to a hearing officer of
disciplinary action taken by the City and against OfftCer Jeff Herriot.
A copy of the request , dated December 16, 1998, is attached .
cc: Gary Sears , City Manager
lBin Brotzman, City Attorney
Sue Eaton , Director of Human Resources
Chris Olson, Director of Safety Services
Frank Gryglewicz, Director of Financial Services
'
• •
0
' 2 I
-
,, >
•
•
0 ,~
•
p~·,-. ·--='--. ·, i=;· """'"' ~--· ., ......... C,, '( ---::i·.'GLEWoco c-.
TO: City Manager Gary Sears
FROM : Officer Jeff Herriot
DATE: December 16, 1998
SUBJECT: Appeals Hearing
, -......
' ....
I am respectfully requesting an Appeals Hearing based upon AIC 98-39. As a
result of this investigation, I am scheduled to be suspended for one shift (ten
hours .) This suspension is based on the outcome of the investigation of which
the findings were ·unprofessional conduct," specifically , the use of profanity. This
profanity use was conducted while myself and other officers were attempting to
restrain a combative , suicidal subject.
The complainant alleged unnecessary use of force was used upon him on
September 5 , 1998. The outcome of the investigation revealed that the force
used was appropriate and that there was no misconduct.
The command staff, consisting of Director Olson, Division Chief Vandermee,
Division Chief Moore, Lt. Knoll , and Chief Lockwood reviewed the investigation
and found misconduct occurred that was not base upon the original complaint.
This misconduct was identified as the use of profanity.
FACTS :
-The incident occurred at 2030 W. Harvard Avenue on September 5 , 1998 at
approximately 1915 hours.
-A confrontation began and the subject had to be physically restrained for officer
safety purposes as well as his own .
-A complaint was filed by the subject with the Professional Standards Bureau on
September 8 , 1998 for unnecessary use of force and was investigated by Ofc.
Barry Cape .
-Director Olson cleared the allegation of unnecessary use of force and found no
misconduct.
-Director Olson found misconduct not based upon the original complaint.
-•
,-
•· •
0
-
•
•
• t~
. • '
-1 was notified that I am to be suspended for unprofessional conduct, specifically
the use of profanity.
-It is stated in my Notice of Suspension that • ... this behavior problem has been
addressed with you numerous times in the past and yet you have failed to make
any effort at correcting this behavior.·
-1 have had only one sustained investigation in the three years of being an officer
with the City that was related to profanity.
In conclusion, it is my belief that this discipline is excessive and beyond the
scope of this investigation ; therefore, I am respectfully requesting a Hearing of
Appeal .
,-
•
• •
0
-•
• •
'·
COUNCIL COMMUNICATION
Date Apncla Item Subject
January 4, 1999 -A Motion Appointin11 a n---'4 :-" Hearinr Officer ~ -
Initiated By Staff Source
Human lleaourcea Sue Eaton, Director
RECOMMENDED ACTION
The staff recommends the Enclewood City Council p888 , by motion, the appointment of a hearing of6cer for
the Stan Wall appeal.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Englewood City Council approved the paaaap of Ordinance No. 19, Serie• of 1996, amendiq E.M.C. 3-
lN-9 on May 20, 1996 which repealed the dutiea of the Enclewood Career Service Board and provided that
in matters of disciplinary appeals the City Council would appoint hearing officers to hold hearinp and
make findings and determinations. Stan Wall hu 1ubmitted a reque1t for an appeal to a hearing.
ATTACHMENTS
Requeat
. ,
•
• •
0
, )( I
-
-
•
•, •
<.
MEMORANDUM
TO:
FROM:
DATE:
Mayor Bums and City Council Members
Loucrishia A. Ellis, City Clerk
December 22, 1998
SUBJECT: APPEAL OF DISCIPLINARY ACTION
---·
In accordance with the Englewood Municipal Code 1985 § 3-1N-9 (C) (4) I am
notifying you that I have received a l'9Qlast for an appeal to a hearing officer of
disciplinary action taken against Stan Wall, Beneficial Use Operator.
A copy of the request, dated December 22, 1998, is attached .
cc: . ~ry Sears, City Manager
lA)an Brotzman, City Attorney
Sue Eaton, Director of Hum., RNCU'Ces
Stu Fonda, Director of Littleton/Englewood Wastewater Tl"Nlment Plant
James Tallent, Operations Divilion Manager
Frank G,yglewicz, Director d Ftna,dal ServicN
. ,
..
..
• •
0
t ,, I
-
-
•
•
·, -
---.: "6-J.., : ;:·t'.:LEWOOO, CC .
12-22-98
To WhOffl it May eoncem
... ?ACE Oi=TH~: ( • -· . -• alJ. -I:,.,
I 'am appealing my lellal' al OilciplirW I r-=--1 on 12-11-98. I fNI that 11W punilhmeffl WD
baled on incornic:t. and mielndtng ilfulmatlou.
SlanWall
..
• •
0
-
•
•
--
• . -
•
0 -
----
-
,.
' . '
'
I·
'
. ---~~----~
-
0 I•
•
-----
•
• I . .
f • . -.
• -
•
...
-
•
•
. . .
I. .
C
, '
• -
0
•
-
•
•
I •
'
<
. . .
I . .
0
I f
• -
0 I •
•
' '-..... I\ I\ I I .
. .
•
.,
• I. .
'
• ,• .. f
• -
0 ,. -
C -. ~ " . .'---.. I\ I\ I I .
/3.
' =-=--I w0. ~ ~ "i!-t!JLLD-7 -----~ ~ ~ -i ~~·
---~ ;<---~
----dhyW-1--~~ (if~~--~ -
---;x:J:--
--,...,.--------
--(!) ~=----_-_ --.
. .
•
.,
• •· •
----------~-0
• .. \ . ,
-
..
•
•
• -
~ ~;/1"1 (f f .w,i, "'. cJ,.,-~'""' . -AGf{io:;/oA THE
1 .
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, JANUARY 4 , 1999
7 :30 P .M.
Call to order. fl :J!;~
2 . Invocation . ~
3 . Pledge of Allegiance .~
4 . Roll Call. (; ~
5. Minutes. rfff' ~-{)· _ , ........ ..,..,., Cily Council meeting of ()ecembe< 21, 1998. ~
6. Scheduled Visitors. (PleaSe limit your presentation to ten minutes.)
g-
a_~,~4'~~~~,~) ~)µ<,
/y,. ~ l-1?!!'4f~'f"
Communications. mations, and Appointments. -?6g'
/ a . Letter from Susan Van Dyke indicating her resig~o~ fM ~ _ciean. Green and
'ft -rO proud/Keep EnglewOOd Beautiful commission . / /;~
•
9 . Public Hearing. (None scheduled) er . .
10. Consent Ageffll{.JfilJJ4J,1A L>{()J1/tJ. /Oct/~ ii i-ii/
a. Approval of Ordinances on First Reading.
i. • Council Bill No . 2 -Recommendation from the Utilities Department to adopt a
bill for an ordinance approving Valley Supplement #21. STIEF SOURCE:
Stawart H. Fonda. DINCIOI' of UtllltlN-
....... nol9: If you MW a dl11R41W and nNd....., aide 0/t •41DII ........ nalllY .. Clly ol 11..-,ood
(303-782-2405) at INat 41 hOln In---ol WMII _... .. ......_ T-* you.
'
..
•· •
0
,
•
•
•
•
• •
Englewood City Council Agenda
January 4, 1999
Page2
ii. Council Bill No . 1 -Recommendation from the Utilities Department to adopt a
bill for an ordinance approving a License Agreement with Advanced Storage
LLC for crossing the City Ditch . STAFF SOURCE: Stewart H. Fonda,
Director of Utilities.
iii. Council Bill No. 3 -Recommendation from the Utilities Department and the
Littleton/Englewood Wastewater Treatment Plant to adopt a bill for an
ordinance approving an Intergovernmental Agreement for Joint Funding
between the City of Englewood and the U.S . Geological Survey for two
Gauging Stations . STAFF SOURCE: Stewart H. Fonda, Director of
Utllltln.
b . Approval of Ordinances on Second Reading . t{t,,ANfv M/"'-----
/)1 tf .f l i. Council Bill No . 81, authorizing an lnterg~:e;.7~;~~;eement with OfpJ4 -o Englewood Schools to host a website for Engl~ -~Is.
c . Resolut~~~0ns. ~t/ 'r//
j)
11
A~ It j_ i. R~tndation from the Department of Financial Services, City Clerk 's
'L):,()()71-Office, to adopt a resolution designating the Bulletin Board in the City Hall
Lobby as the Official Posting Place for all Legal Notices. STAFF SOURCES:
Frank Gryglewlcz, Director of Financial Services and Loucrlehla Ellis,
CltyClerk-
/a};r/ _}-· ii. Recommendation from the Human Resources Department to approve a
resolution adopting a list of persons for appointment as Hearing Officers for
disciplinary grievances. STAFF SOURCE: SU. Ealon, Director ol Hunwl
RNourcN.
11 . Regular Agenda.
a.
b .
~of Ordinances on First Reading .
Approval of Ordinances on Second Reading .
(7{ /f --2:-i. Council Bill No . 82, approving an lntergovemmental Agreement with the City !J.IJr.>J I . .Al of Sheridan for Eng~ t~ 11~, in,'tind contributions for the renovation
-ff'{. l/-V of the Oxford Bridge . !tJ ~
Resolutions and Motions. ~ ~ /Ji .J--Jiii/), --] C.
)wJI ~ i. Recommendation from~--. City Att~T ~-t~ a resolution
consenting to the transfer of rontrol of the City's Cable Television System
Franchise to A-T-&-T Corp. STAFF SOURCES: Nancy Raid, Aulalant City a,pJ. ~ -/ Attorney and Leigh Ann Hoffhlnee, Communk:atlona ~
A-SS1Tt1JJ : ~:rr
PINN nol9: I JOU .... a #J )BJ, and need._, ala• WtlDII, ....... nallfy .. City Cl/I II .... Wooll
(303-7U-Mll)al ........... ·------................ Tlwlk,ou.
•
'
..
'·
. ., , .
,
•
0
-
-
Englewood City Council Agenda
'January 4, 1999
Page3
12. General Discussion .
a. Mayor's Choice .
b. Council Members' Choice .
13. City Manager's Report .
a . Englewood Center Update.
14 . City Attp Report.
Adjournment. ~:/cf r-,,
/lAAvv
•
•
The following minutes were transmitted to City Council between 12/18/98-12/30,'98:
• Englewood Housing Authority Board of Commissiouers meeting of November 4 , 1998
Plawnola: .,_._. C ta,Md,.._,aMa••t1111 ........ llllllf .. CllrellqltaNd
(IDl-111-Mll)al .......................... _..... ........ ,...,...
• .
..
• •
0
•
•
•
1.
2.
3 .
•
• 1~
•
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, JANUARY 4, 1999
Call to order. 'J:3~ .pnv-
lnvocation. /)~
Pledge of Allegiance . ~
7 :30 P.M.
4 . Roll Call. /., ~
5. Minutes.
apf)l /,-o a. Minutes from the Regular City Council meeting of December 21, 1998. ~
6 . Scheduled Visitors. (Please limit your presentation to ten minutes.)
ff' rn-Scheduled Visitors. (Plea~ limit your presentation to five minutes.)
.(. /IEL/S~A hlltl,EL t);U,AJ /'/SJ/I/A
Ir. Yu rlrU. hi~~ A-) 1/(J~'f ,f.AJDO/IJS
Communications, Proclamations, and Appointments.
7 .
8 .
~. _ a Letter from Susan Van Dyke indicating her resignation from the Clean, Green and
J<f J~ ft ,..0 · Proud/Keep Englewood Bea~I Commission.~
9 . Public Hearing. (None scheduled)
ff
10. Consent Agenda .
'tfi/,-o ~~5G-FirstReading. /()4-1' j;' iii
i. Council Bill No . 2 • R~ from the udllties ~ to adopt a
bill for an ordinance approving VaHey Supplement #21. STAFF SOURCE:
Stewart H. Fonda, Director of UIIIIIIN.
PINN nale: I ,au ...... a dlJ tllly and IINcl ..alary alda o, •.1a 11, ............. CIIJGI 11 ... ood
(303-712-2405) al INet 41 lloura In...._ fllwhM aarv1oN .. ........_ "'-* ,au.
• ......
•.
..
I· •
C
•
•
• "' -
0 I•
•
Englewood City Council Agenda
January 4, 1999
Page2
ii. Council Bill No . 1 -Recommendation from the Utilities Department to adopt a
bill for an ordinance approving a License Agreement with Advanced Storage
LLC for crossing the City Ditch. STAFF SOURCE: Stewart H. Fonda,
Director of Utilities.
iii. Council Bill No. 3 • Recommendation from the Utilities Department and the
Littleton/Englewood Wastewater Treatment Plant to adopt a bill for an
ordinance approving an Intergovernmental Agreement for Joint Funding
between the City of Englewood and the U .S. Geological Survey for two
Gauging Stations. STAFF SOURCE: Stewart H. Fonda, Director of
Utllltles.
b. Approval of Ordinances on Second Reading.
i. Council Bill No. 81, authorizing an Intergovernmental Agreeme~},;tt1A'UY./h .
Englewood Schools to host a website for Englewood Schools. vv"'ll{" ,.-v c..-,,
Re~~7il '/)a_;''f-/1. .
i. Recommendation from the De~ancial Services, City Clerk's
Office, to adopt a resolution designating the Bulletin Board in the City Hall
Lobby as the Official Posting Place for all Legal Notices . STAFF SOURCES:
ii .
Frank Gryglewlcz, Director of Flnanclal Services and Loucrlahla EUia,
City Clerk.
Recommendation from the Human Resources Department to approve a
resolution adopting a list of persons for appointment as Hearing Officers for
disciplinary grievances. STAFF SOURCE: Sue Eaton, Director of Human
Resources.
11 . Regular Agenda.
a.
b.
App~ of Ordinances on First Reading.
Approval of Ordinances on Second Reading .
Council Bill No . 82, approving an Intergovernmental Agreement with the City
of Sheridan for EngleW99P to pr9vide in-kind contributions for the renovation
of the Oxford Bridge. ~~
c. Resolutions and Motions.
IJ. . i. Recommendation from the City Attorney's Office to adopt a resolution
KM,e~ 3 consenting to the transfer of control of the City's Cable Television System
Jc / Franchise to A-T-&-T Corp. STAFF SOURCES: Nancy Reid, Auletant City
-:J-An~ and ~gh Ann Hoffhines, Communlcatlona Spacfa~
lt~JIJ : $Wm-)
,..._ nola: I vau haw a a, ua, and nw18lldlery aide or• Illa 11, ....... no11y 1w cay a, •••ood
(31111-7D-l4Gl}al ...... hours In aclvwlceolwhen ..,,... ......... ,,.. ,....
•
•.
..
., •· •
0
,
-•
• I •
. • '
< .
.Englewood City Council Agenda
. .lanlay 4, 1999
Page3
A/~lt.fJ.1 ii .
~~-0
Recommendation from the Human Resources Department to approve , by
motion, the selection of a Hearing Officer for the Jeff Herriot appeal. STAFF
SOURCE: Sue Eaton, Dl'9Ctor of Human Resources. ~
fol./~ t,-o iii.
Recommendation from the Human Resources Department to approve, by
motion, the selection of a Hearing Officer for the Stan Wall appeal. STAFF
SOURCE: Sue Eaton, Dl'9Ctor of Human Resources.~
12. General Discussion.
a. Mayor's Choice.
b . Council Members' Choice.
13 . City Manager's Report.
a. Englewood Center Update .
14. City Attorney's Report.
The following minutes were transmitted to City Council between 12/18/98-12/30/98:
• Englewood Housing Authority Board of Commissioners meeting of November 4, 1998
,, -
......... : .,., ...... 3 ,., ........ ....., ..... :1111 ........ ..., .. ca,., ... eal
(IOI-JD.NII) ........... Sn ...... ., ..... ..,... ....... ,_.,__
'
• •
0
, I
-
·,
.. -
•
• t•
•
January 18, 1999
Regular City Council Meeting
•
..
0
I. .
0
1 32xl