The URL can be used to link to this page

Home My WebLink About1998-12-21 (Regular) Meeting Agenda- • • • • <. • REGULAR CITY COUNCIL MEETING DECEMBER 21, 1998 ORDINANCE# yf, ~, 89, 90, 91, 92, 93, 94, 95 RESOLUTION # y., r, /a, f, 110, 111, 112, 113 • .. 0 • I· • 0 -• ;- • • ENGLEWOOD CITY COUNCU.. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO DECEMBER 21, 1991 1. Call to Onler The regular meeting of the Englewood City Council -called to order by Mayor Bums at 7:30 p.m. 2. bmJcadoa 3. ~., .. ...,... The Pledge of Allegiance WIS led by Mayor Buras. 4 . Roll Call Pn:aent: Absent A quorum was pl'CIICllt. Council Members Nabbolz, Clapp. Gama, Bradshaw, Habenicht, Waggoner, Burns None Also pl'CIICllt: City Manapr Sears S. MiNta City Attorney Brotzman Deputy City Clert Castle Director Gryglewicz, Financial Services DiRCIOr Long. Library Services DiRCIOr Ealon, Human RclOun:ICII EagiDeeriag MIJIIICI' Kabm Municipll Juqe Atmcio (a) COUNCU.. Maall aaADSBAW MOYD, AND IT WAS SECONDED, 10 APPROVE TIii: MINUnS OJ' TIO aEGULAR MErl'ING OJ' DICEIIB&a 7, 19'1. Ayes: Council Members Nabbolz, Gama, Bradlhaw, Habeaicbt, Wagoner, Clapp, Buras Nays : None The motion carried. 6 . Scllledlded Viliton (a) Stan Lange, Chair al the Clean, Greca aad Proud Commillion praented awards to the winners of the Holiday Ligbting EVCIIL He tba1*.ed Council for the opportunity to praent the EleYenth Annual Holiday Ligbling EYCDt Awards . Mr. l.aaF adYiacd dllt du is the gralCll number of ... --~i:· '""'""'" :ft·"'.. .: . . --- • 0 f --I - • Englewood City Council December 21, 1998 Page 2 (. "' -• • • participants we have ever bad in the event and it WIS w:ry imprc:ssi~ that so many people wortcd so hard to brighten our city. He ukcd Mayor Bums to will with the following prelClllalioas: Honorable Mention: Mayor's Choice Award Judges' Choice Award Lifetime Holiday Spirit Award Best Arlislic lmprasion Award Cat's Meow Holiday Award Lights! Lights! Ligblsl Award Old Fashion Holiday Award Rudolph's Choice Award Small Town Holiday Award Winter Wonderland Award Art Blom, 4S60 South Sberman Sheet Dennis and Kalhy B-. 404S South Elati Sheet Christopher Caillouel, 446S South Grant Street Rieb and Peggy Cole, 3017 South Pennsylvania Street Tom and Carol Gibson, 4801 South Inca Street Mark A. Greiner, 287S South Delaware Sheet The Leif Family, 3SO East Belleview Avenue Gilben and Laurie Mears, 3742 South Sherman Street Darlene Recd, IOSO West Oxford Avenue Deborah and Gary Walters, 3740 South Sherman Strm Charles and Bubara Willingham 4233 South Sherman Sheet S.-and Lalie Ward, 393S South Inca Sheet Raodabl and TUlllli Headley and Family, 431 S South Lipan Slim The Miller-Barps Family, 4104 South Sherman Slim Ron and Mdanic Kloewu, S04 l South Elllli Slim Skiooer's B-G Kcoods, 1101 WCII Quincy Avenue Dwighl P. Lalbam, 2971 South £mer.. Strm Chuck Gnler, 370 l Solllll lfunJD Sheet Clllrley, Carol and Bill Van Armm, 443S South Gnat Street Gary, Lori, Joe and Jon Southwdl, 44SO South Grant Snct Richard and Alice Kloewer, 4990 South Elllli Sheet Mayor Bums thanbd all the paniciplnts in the cvmt, • wdl • Mr. l...ange and the Clean, <men and Proud Comroillioo memben for all their hard -" and cffons. There were no~ visiton. (a) A ldtcr of raignalion from Council Member Lauri Clapp WIS rccciwd. COUNCIL MEMSER NAIIBOLZ MOVED, AND rr WAS SECONDED, TO ACCEPT WITH REGRET A Ll1TER OP USIGNATION PROM TIO ENGLEWOOD CfrY COIJNCll. PROM LAURI CLAPP, AND WISBDIG BER TIO 81ST OP LUCK IN BER NEW ENDEAVORS. Mayor Bums ldvited that Ms. Clapp was elected jg No\alber to the Stale Hoae of~ and will take office in Jamwy of 1999. The raipalioa is cffec:tM • of December 31 , 1991, lie aid, 111 she will participate jg tonight's meeting. Mayor Bums aid thll it bas been I pal pleaaarc to 1-e len'ed with Council Member Clapp, and WC all accepl tllis leaer with rearct. Vote realtl: Ayes : Nays : •. Council Members Nabllolz, Gama. Bradlllaw, Habeaidll, w.....-.Bunis Nae • • .. l • 1 ~ '· . r ..... ' : ~ • • - • • • 0 - • Englewood City Council December 21, 1998 Page3 Abstain: 111c motion carried. • • • Council Member Clapp Mayor Bums prCICllled. cant to Ms. Clapp fnlm the ......... of Council, and. plaque. Mayor Bums read the following wontiag fnlm the plaque: "Pracalcd to Lauri Clapp in appreciation for her lcadersbip and clediclllioD to the conawurity • a Council Member, 1-y 20, 1995 to Duember 31, 1991 from the Eoglcwood City Camcil." MayorBums DOied dllt It lllaald read Now:mller 20, 1995, rather than Jwary. He weal on to ay dllt Ml. Clapp had IClwd on die EDglewood Dowafown Development Audlority 8olnl, die SclloollCaac:il U.-, ad ---1 odler oeeeinw since sbe baa bcm on Council. Mayor Bums aid we lllally wi* lier well, ailllillg dllt we baw: leCII her grow ud lllllbUe as a member of tbia Council. SIie ......... maple of ,-s ... * baa aln:ady elcvalell benelf'to the Stale Legillabn, ., we are way lllppy ID~ a 6icad dim, ad we will be deligllled ID ee her ap there. We wish her the way bell, lie llid, addblg dllt die COllmioa will be -SC ID die plaque. Council Member Clapp aid ii ..., ...... -....... -willl dlia Counci1. k sally is llumbliag and an laa to -die people ofJ!aalewood. SIie aid Ille loab bwad ID ICffllll al die next lm:I, and dial lbe is way aciled lllcllll ._ of die warb dllt dley ~ done as a Council, adding dud she believes that E.-,.1 Im a wry, wry briglil filbn. nil is a billemWld _. for her, she said, but sbe loc*s fondrd to CODlinued ICMCC. Mayor Bums lllkcd Ms. Clapp to illlRldace lier family . She intnlducod lier IIUlband. Rolley Clapp, her daugbten. Na&aly and Candace Clapp. lier IOII Colton Clapp, and her wry bell child can: pruvider, Mary Stipe. Mayor Bums prelellfed. bouquet ofO-. to Council Member Clapp. (b) Council bnJke for a brief' receplioll al 7 :45 p.m. llaaorillg Counci1 Member Clapp, recoowaiag al 8:07 p.m., wltb all ...... pnllllL 9 ........... 10. C...A.-. COUNCO. IBIIKll WAGGOND IIIOVD,ANlt ff WAS acoNNa, TO .ul'llOW CONSIENT AGEN8A ITUI II (a) (I) ON 1111111' nAMNG. (a) (i) COUNCIL BILL NO. II, INl'llODUCED BY COUNCIL MEMBER WAGGONER A BIU.. FOR AN ORDINANCE AUl1IOIUZING AN INTEROOVBRNMBNl'AL AOREEMENI' BETWEEN mE CITY OF ENGLEWOOD, COLORADO AND ENGLEWOOD PUBIJC SCHOOLS WHEREBY ENGLEWOOD WIU.. HOST mE ENOLEWOOD PUBIJC SOIOOLS WEB SITE. ec-:iJ Mlllillrl Nlllllalz, 0.., Brwf¢ T, lfllleaidll, w.....-.0app.a... • 0 • • Englewood City Council December 21 , 1998 Page4 • • t~ • Nays : None The motion carried. (b) Approval of Ordinances on Second Reading COUNCIL 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 (COUNCIL BILL NO. 79, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING SUPPLEMENT NO. 139 TO 1lfE SOUlHGATE SANJTA TION DIS'J'RlCT CONNEcToR.•s AGREEMENT FOR 1llE INO..USJON OF LAND W11HIN 1llE DISTIUCT BOUNDARIES . (ii) ORDINANCE NO. 88, SERIES OF 1998 (COlJNCIL BILL NO . 80, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AMENDING Tin.E 4, SECTION 4, SlJBSECnoN 2, OF 1llE ENGLEWOOD MUNICJPAI. CODE 1985, BY 1lfE ADDffiON OF A NEW PARAGRAPH D AND 1llE RELETIERING OF PARAGRAPH D ro E, PERTAINING ro OIARJTABLE F'UNDRAJSING SALES TAX LEVY. Vote raalts: Ayes : Nays : The motion carried. Council Members Nabbo1z, Gamu, Bradshaw, Habenicht. Waaone,, Clapp, Burns None (C) RCllllulioas Ud Mocioas There were no tr · 111,1,1 ~ad.._ lllbaliaal for approvaJ . (See Agenda Item 11 -Regular Agenda.) II ...... ~ (1) (i) A nm1CD11-.:•·111111;.-• 6-City Allonley Bnitzman to table the ll1ecment with Metricom -OOlllideied. COUNCD.. MEMHR BRADSHAW MOVED, AND IT WAS SECONDED, TO TAaLE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 7f. Mayor Bums asked if ii takes two thirds vote to bring this badt. City Attomey Brotzman II.id that is correct. Thal is lhe recommendation . Vote raalts: •. Council Members Nabbolz, Bradshaw, Habenicht. Wauoner, Clapp, Bums ' --· •. • • • 0 , - Englewood City Council December 21 , 1998 Pages Nays : Abstain: The motion carried. .. " -• 0 , . • None Council Member Garrett (ii) City Manager Sears presented a rcoommendation to adopt a bill for an ordinance approving an Intergovernmental Agreement with the City of Sheridan for Englewood to provide in-kind contributions for the renovation of the Oxford Bridge. Mr. Sears stated that, in the audience, was Randy Young, City Administrator for the City of Sheridan. We know that this work is planned to start soon, and the City of Sheridan has been very sua:essfu1 in getting the private sector to panicipate in the cost of the bridge, he said. We will be needing to relocate a water line on the bridge itself, which will be in the neighborhood ofSS0,000 within our current funds. In any event, we would have had to relocate that water 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 best that it can be. It is a great opportunity, because the State is forwarding eighty percent of the cost to do the improvement, so we would recommend strongly that Council approve this, he said. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 12 ON FIRST READING. Mayor Bums commented that we have considerable contributions from the businesses in the area that use that bridge, and some contributions from the County, as well, so it is a considerable private/public panncrship that we are working on here. Council Member Waggoner asked if this has been before the Water and Sewer Board. City Attorney Brotzman said he docs noc 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 water line, we are also doing other in-kind services, so in that case, we decided noc to take it before Water and Sewer. Mayor Bums asked if the water line is being paid for by the Water Utility. Mr. Brotzman said the Water Enterprise is doing that. Mr. Waggoner said the way he reads this, there are a a,uplc of contributions, one by the General Fund, which is noc to exceed $50,000, but there is also a contribution from the Utility Fund that is noc listed in the resolution or the agreement. City Manager Scars said that is true, and we prollably sbould have lilled that the $50,000 is really going 10 come from the Water Utility, as oppc-' to the General Fund. Mr. Waggoner asked if there are two amounts ofSS0,000. Mr. Scars respoodcd that lhere is only going to be one <Xllltribution of$50,000 tolal for the City. The intergcM:nllllal agreement rads alright, ta, Mr. Wagoner allowed. He read " ... appropriate for and provide an in-tind coatribulioa ofSS0,000 to City of Sheridan ... " and that 's it, he said. There is DOlbing in there l.bal aid anything about the Utility Fund. bul in the Council Communication it said that the City of Englewood ii being ukcd to provide lel'viccs DOI to exceed $50,000 from the Gcncra1 Fund. then it says aJDtributioas from the Utility Fund will be as appropriate for the value of cnhanc:ements received. Mr. Scars said that was wrongly put in there. We really are looking at the $50,000 to come from the Utility Fund, tocal from the City, and that is in in-kind coatribulions . 1 don't know exactly what our utility costs will be, he said, for the Wider line, but if it docln 't nccd that ... ' • • • , Englewood City Council December 21, 1998 Page6 .. • 0 • Mr. Waggoner said they were going to upsize the water line so we would have to pay the difference . Mr. Sears said right, and that is going to be up in addition to 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 short in the local match . He asked where that will come from . Mr. Sears 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 cl0&e to a figure of about SS00,000 right now, he said, or a little more than that, for the in-kind contribution. The actual contract on the bridge itself is coming in less than the grand amount, even at this poinL That's with the original sa,pe of the project, he said, and what wc arc trying to do now is expand the scope of that project as large as we can to make sure wc utilize as much of the grant money as wc can, and then keep the twenty-percent match still in line. The last tally wc did OD it wc were a little over SS00,000 OD our match, he explained, part of that being some other in-kind services, other utility relocations that can be counted in as in-kind . That 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 nwnbcrs arc spelled out, that can be used as part of the in-kind. He said he feels thal is where about $100,000 is in. Council Member Waggoner asked if he thinks be is c1oac enough, then. to the twenty pcrccnL Mr. Young said yes, wc arc assured. We bavc allO brougbc O'Brien-Kreitzbcrg, a constnaction 1118118geD1C11t team, on board for this project, basically to look at this from an owner representative's point of view. They have helped us work through, not only making sure to maximize the grant money in the sa,pe 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, wc have been able to obtain a very a,mpetitiw price to do that with, he added. We arc looking at beginning construclion the first put of January, or by the middle of January, to be in the river this January . The timclinc currently calls for the project to be complcfed by the end of 1999, be said. c.ouncil Member Habenicht said, along the -line, our three citicl of Englewood, Littlelon and Sheridan have worked togclber OD the clevclapaalt of the Sallla Fe Corridor, and the bcaioi6calion and cnhanccmcnt of thal:.. The gateway is for Littldon, Sbcridan and Englewood, 1bc said, and the Sheridan gateway is at Oxford and continuing on down. Sbc 8*ed bow tbinp arc coming along with that. and if the attractivcncss of the bridge would nwcb the quality that WC havc been trying to dcYelap along Santa Fe . Mr. Young responded that what wc arc trying to do apin by expanding the IICDpC of this projccL and what you sec OD this letter represents the minimum a,mmitmen11 that • havc from each of theae oompanics . Scvcral of these companies have stepped forward and aid tbcrc is more they can do as far as in-kind. Wcsaem Metals is one company, for eumple, thal has jusl bought out DeWalt Steel, so -they have the capability to help take the bridge down, he explained. and clcluoy tbc cxilling l1nlCIW'c . Again, that can be used as in-kind, and wc would have additiollal cash IO help expand the project. The initial design and scope of this project rcally was the minimal, be said, and tbc idea -jllll to Fl a four lane bridge across tbc river, and do it at a minimum QOIL With die aJIIUillulioa Ind Marc ll -. • arc looking at expanding that IICDpC to wbcrc • can CCl18inly mrt ....._., nae of tbc landecaping ;-. and more of the textures. What wc would like to do is keep tbc ICX1W'C, for illll8IICc, of the coacrcte, the colon used in the COIICfflC , tbc l8IIIC as tbc Sanla Fe corridor, ••can tic in tll8I whole corridor theme into the Oxford corridor. Mr. Young said, ideally, -would addlas ligbling. but apin it is going to depend OD how much~ .. up to tbc plate .. tbc end of this thing. All thclc --havc indicated to us, alto, tll8I tbcy-.ld like to -it four lane ODlllplddy tluuup tll8I corridor. Right-. it is probably about fifty or sixty pcn:c.-four 1-...,._.., it, lie aid. Wllcre wc arc lactillg is where you hit tbc ' • • • C ' Englewood City Council December 21 , 1998 Page7 .. • 0 • bridge and go west towards Clay Street or Federal , there are still some sections in there where we need lo add asphalt and get widened . Most of these businesses are stepping up and saying if we are going to do it, lets do it right while we are doing this project, so I think you are going to see more contributions coming in to make that happen, he opined . As that happens, we 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 votes in favor of this, that she is not voting to exacelbate some of the negative visual impacts that we have across Oxford on some of the terrible piles of debris. Mr. Young responded that they have been working quite closely with Western Metals, and he said he apologizes to this Council and to his Council for letting that get out of band and out of control . In conversations with Western Metals over the previous year, we found that they switched out a lot of their machinely and, then:fore, began stockpiling thole wbiclcs. That will Dot bappen again, he -,ted, and IS far IS he is concerned it should never have gotten to that level, and we will catainly mainlain that that docsn 't bappen. Pan of expanding the ICOpC. be ooatinned, is to do wactbing right now tbat we weren 't addressing in the initial ICOpC at all, tbal IOUtbcm side on the east of the briclF, witb ant, and gutter or anything. He said be would like to wort witb Watem Mdals and get .-.:Cbing done witb that section in there, too. Not even looking at the mountains of cars, but if you jusl look II the frontage there, it is pretty rough looking and we need to do something witb tbat. They have been approaching railroads for the last couple of yean. and most of that is railroad right«·way. There actually Ulled to be a railroad track across the Platte River jusl IOUtb of the existing bridge that 1111 washed out in 1965 and bas not been replaced. There is some question wbetbcr that is ever going to be replaced. and if not, we need to wort with the railroad to try and do .-.:cbing with that area to try and dress it up a little bit, too, he said. Mr. Young said he realiz.cs that, being right aauss 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 IS we get into this project. Mayor Burns asked if tbose contributions are outside of this immcdialc project and what other things that they are trying to do witb further contributions. Mr. Young said right, tbclle are the real basic numbers they used to try to get to the minimum in-kind level to make the commitment for this grant money to move forward witb the project. What wc are looking at doing is coming back in and, by February, we'll have a couple of meetings witb our Council, and wc encourage you to look II that witb III and see what we want. We haven't really -designed the briclF, other than the buic four lane bridge, so we really need to do some design aiteria, be said, to get to wbcrc wc want to be once wc have thole final commitments. Council Memla Bradshaw said lbc -.Id like to canplimen« Mr. Young OD teducing tbal ltaCk across from the golfcounc. She said be bas done anadminblcjab. Mr. Young said it -·t easy . It looked a lot worse for a long tune, be said, became they llal1ld pulling clown ftODl the IOUtb side oftbal ltaCk and be kept amiring me tbat it -going clown, but ulllell you _... lnlUIIII to die othcr side of it, it dido 't look like it -· Ms. Bnidsbaw said lbc -Ille it -bis vigilance tbat bclpod reduce it. Mr . Young thanked Council for their pMieoce while be tried to get tbal llldread. Council Member Nabbolz also thanked Mr. Young for getting the pile reduced, adding tbal she hopes it maintains that way . She asked if this is something tbal we, IS a Tri-Otics, sboulcl look at, where Littleton is involved. as well . Mayor Burns said Littleton really isn 't involved II all . Council Membcn Bradshaw and Habenicht agreed that it should probably be jllll Englewood and Sheidan. Mayor Burns complimented Mr. Young for looking Ill Olber improYClncnts along that road outside of the bridge project, because that would really ilDplU\'C the whole area OYCI" tbcre . Mr. Young said tbcre are still a few along tbcre that we llill need to re-approach and ICC if we can get 101DC CIOlltribution . We haven't been suca:ssfu1 to dale. ' (.: t ', •. • • • • 0 '· :· •i1 '. , - - • Englewood City Council December 21 , 1998 Pagc8 • • • Ms . Habenicht said it might DO( be a bad idea to mcct with Tri-Cities and bring them up to elate on this, as we move toward the enhancements, to have the three cities working togdber as pan of the project. Qiuncil Member Bndlbaw said she thinks keeping them advi9ed is fine, but she did DOt feel we need to lllCICl with them oo this. She said wc could adviae them ~ we do get togdber and meet, ~r that is. Ms . Habenicht concurred. Ms . Nabholz said she thinks it is wry important that we do keep them advised. Mr. Young said he thinks that is-.ething wc were looking at as a Tri-Cities as we expand down this corridor, to keep each other apprised and keeping the continuity. City Manqer Sean said eapeciaUy when it comes to c:olor and type ol delip along Sula Fe. Going bKII; to Council Member Waggoner's question. the total le\od ol commitmeal ii the 150,000 al ilHind aervice for the briqe. He asked Mr. Young if that is the only thing that hew comanpllling flOm the City al Englewood al this poinl in time. Mr. Young respoadod that that ii correct, it is balically the~ that we have commiued. Referring to the docamelll that he bad put togetller, he aid it -tough to get all the final signatures on this doc:mnem, primarily becallle no oae wanted ID be the ftm oae to sign it. Ewrybody wanted to be IUl"C ~ elae woo boud bdore Ibey signed, ud that is pan olthe reason the doc:umeot is formilated the way it ii. Basic:ally' WC arc aying dill if WC arc all OD board, it will happen. If one or two arc aot OD board, then wc don't have the ~ ol evayt,ody. Tbat ii buically what I am looking at riglit -. lie aid, jlllt the S50,000 leYel, Him ii a·· 0 lr!OM that this Council preliminarily made a while •· That ii what wc arc looking for, ud it ii up to your Council and administnlion to decide bow that comes to fruition. Mr. Sean said, as wc undenlud it, it ii really that .,_. that ii within the oootinpncy ol our Water Fund, which wc have to do anyway, but, wllerc there arc -other enbaw m "'' that we do to assist with, the landlcaping or -other type olthing, but it~ be II that leYel, lie said. Mr. Young said that may be the only other thing that lie may ask, ii wlletller you wut to participalc at a little bit higher ~ to help addrcll the landlcaping i-. the ligllling i-. ud bowe\a" you can help in-kind. He said lie a:nainly undentands we arc all cub tiglll riglit -with other projects we have going OD in the c:itiea. COUNCIL BILL NO. 12, IN'JllODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE Al1IHORIZING AN IN'lDOOYERNMENl'AL AGREEMENT BETWEEN 11IE CITY OF SHERIDAN AND 11IE CITY OF ENOLl!WOOD PERTAINING 10 flJNDING OF 1HE OXFORD STREET BRIDGE REPLACEMEHI' PROJECT. Nays : TIie motion carried. (b) Approval olOrdimnca on Second RmdiDg Tllerc were DO additional itcml IUllllliaed for approval OD IOCODd raidiDg. (See ,\,-la hem 10 -c-it Agenda.) (c:) ResolllbOIII and Motions "-;;t;;: '\, l ~ •• ' •. -~ . •' . ' L. • • - • • -- • 0 - • • Englewood City Council December 21, 1998 Page9 (. • • I • • (i) DiJCClor Long presented a recommendation from the Libraiy to approve a contract for the development and inslallation of a Smart Card Internet Access Control System for the Englewood Public Library with Amazing Smart Card Teclmologies. The contract would put a syslCm in place in the Englewood Library, be advued, wbermy anyone wanting to use the Internet would be issued a Sman Card that would allow them lo access various ~s of Mb sites. It would enable pamits to decide for their children whether they want their kids to have full access to the Internet or limited 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 lo say thank you . She said she underslands that be bas worked very bard on this, and we have all lbUgglcd tbrough this issue. It is not some1hing that came easily lo 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 sees before her and she rccogni7.cd that Mr. Long bas worltcd very hard on it. As a molber, l 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 driwrs seat as to what they are comfonable 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 demonstnllions that Director Long bad 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 askcd what the Library Board's recommeadation was on this expenditure. Mr. Long responded that the Ubrary Board recommended, rather than spcndiDg the money on this contract, to bire additional mff to work dira:dy with the public . They felt that would be a better use of the money . Mr. Waggoner 8*ed 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 leCbnology in this uagc, not Smart Card Technology itself, but using it in libraries. We would be the ll!CODd library in the country to take this route. Mr. Waggoner askcd if be said the ll!CODd library in the country, the whole U.S. of A? Mr. Long responded aflirmatively, adding that there are a lot of libraries sitting on their bands, or wringing their hands, trying to figure out what to do with this issue, and very few are taking any pro-active stance. Mr. Waggoner asked if they are wanting lo UIC us as a kind of a guinea pig. Mr. Long said be does not consider it a guinea pig, but, rather, trying lo take a pro-active approach to l'CIOlving a problem. It is not a perfect solution, be rccognizcd. Mr. Waggoner said it is not a proven llllution. Mr. Long said from what he bas seen from the demoaslnlion, it is a proven IOlulion, though IIOl one that is in wide usqe. COUNCIL MEMBER CLAPP MOVED. AND IT WAS SECONDED. TO APPROVE TIR CONTRACT WITH AMAZING SMAltT CAD TECIDIOLOGII.S ,OR TIR SMAltT CARD INSTALLATION CONCERNING TIR INTI.RNl:T IN 1111. AMOUNT OF s1-..se. Mayor Bums said he bas talked to Mr. Long lboul this and there are -additional things that he would like to see produced before this is fmalizcd. He asked if there is a ninety day period. Mr. Long said yes, they have ninety days to give us the syslCm that we are n,qucsting in the contract. There are 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 ii pulled out from the card reader terminal, it would react automatically and instantly to the home pqc, as oppoeed lo IOllleOlle bringing up a site and then walking off and leaving it sitting on the terminal . Tbeae are -thinp that we have tried to build into the contract . ' •• • • • 0 , - • • Englewood City Council December 21, 1998 Page IO <. ,. -• 0 - Council Member Habenicht said she bas some real concerns. She said she bas served on the Library Board with a lot of the members and she knows bow much time and effort and thoughtfulness they put into these concerns. She said she rccogniz.es that the majority of the Library Board members, who were the very first ones to want to put some sort of guard in for children, even when the staff had recommended against it, and really are not purveyors of porn, they really look after the welfare of this community and the children in this community. To ref1eCl that and that they have studied this issue with you at great length and can not find it in their minds to support this, I find it almost virtually impossible to support 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 are being experimental and that we are spending a lot of money. She said she could understand now why the Library Board was saying llllher than spending $108,000 to be an experiment for some company through trial and error to ICC wbctber or not this worts, would be better spent on staff or on materials for our own library, I bave to agree with thll. It llCCIIIS much more responsible. Certainly I do not support porn, &he aid, adding that she was the penon who fint called attention to the fact when we had on the books a cbaqe in our l.Olling. in our B-1 l.Olling. that would have permitted the sale of pornography and adult malaials, maybe not pomognpby, bul adult materials in our B-1 district, I led that charge. Certainly that is not my intent to in any way purvey or in any -y make accessible to children, I want to keep our community strong, I'm the one who is working so strong to keep the level of our Cinderella City ~ high. My llaDdards are high, she aid, and I believe the standards of our Library Board are high. For us to throw this kind of money at an experimental solution when we could be holding back a little bit, -'Ching to see what the rest of the country docs, 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 lo get a handle on this, we would be willing to put this in, would you be willing to let us work with you and we'll pay for it, I would support it wbolebeartedly, she said, ifwe are going to be an experiment in that -y. Bui if this comes forward now, based on what the study and the years of study that the Library Board bas pul in, I can not in any way support this. I think it is a foolish expenditure of money. Council Member Nabbolz asked DiRaor Long if the Library Board was presented with these demonstrations or was jllll the one Library Boud member prelClll that took the m:ommcndation back to the total board. Mr. Long said we had one Library Board member at both dcmonstratioos and she went back and explained to the Board, as did be, about bow the l)'IICll1 wortcd . Ms. Nabholz said that was her understanding, 10 the rest ol the Library Boud did not putic:ipale nor aee this, she asked. She said it was her undcrbnding that Council Member Habeaicbt was not prCIClll at either of thesc meelinp, where a lot of thesc questions would baw been amwen,d. Ms. Nabbolz said she bad -of thesc -fean, however, she aacrtcd that she feels ,we need this pnlloCIM device. Allo, ,we can advance the sys1em a few years down the road, if we want to, where ,we bave one &!CCII being to the R.ccrcauoa Center, the Library, the Malley Center or whereYer we need it. Ms. Nabbolz said lbe rally wished lbe would bave encouraged Ms . Habenicht to attend those mcetinp, becaule they would bave answen,d her questions. Ms. Habenicht said she would like to uk if Mr. Long thinks the Library Board bas been acting in ignorance in their not supporting this. Mr. Long said no, be does not. He said be would agr= with her that the Library Board bas studied this issue very thoroughly O\'CI" two years, jUSI as we bave. There is no one on the Library Board that promotes pornography, or oblcenity, or sexually explicit materials, any more than anyone else in this room. They have their own deep felt reasons why the system may or may not be the best answer for Ibis libra,y, be said. Council Member Waggoner asked what the vote was on a~ this contnct. Mr. Long said one member of the Board brought up to support it, and it died for lack or a ICCOIICI. That was aaempccd twice, then another motion was made to take the money and expend it for llaffing illllCad, and that one puled, with one abstention, possibly lhrcc to two with one abllention, be corrcctcd. Mr. Waggoner asked if this ' • • • 0 , 2 I - Englewood City Council De.:ember 21, 1998 Page II (. • 0 • ,,, ~ I • 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 proposed to them before we 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 negotiating the contract. 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 see how they look at it. Council Member Garrdt said the proble:m is it was Council that initiated the negotialions . Ms. Bradshaw agreed, adding that Council told him to go ahead and negotiale . Mayor Bums said yes, we did. Council Member Clapp asked, the way that it sits right -in the Library with the Internet, are we protected from lawmits? Mr. Long said we are not proteeted from lawaaits by filtering or not filtering. Lowden County, Virginia bas been IUed for placing filtas oo their IDla1ld terminals. Livermore, California has been sued for not filtering their terminals, so we CM llll lUed either way . Mr. Long said be has had very lengtby discussions with the City AUorney, IDd lie llelped with the COlllnlCt dnd\, as did Information Services and Purchasing. He said be bas talked with other libruies IICl1llli the country, and some are taking a SlaJlcc and some are not. They are waiting for the perfect IO!ution, be said, adding that it is like waiting for the perfect computer. You will never have it. Council Member Garrdt said, in the Lowden cuc, they were filtering everybody, and in this cuc we are not. People have the ability to have complete IIXlCIS to the Immel. Mr. Long agreed. He said that is the beauty of this system, it allows us the Oexibility to either filter very little, or none, or we could filter quite a bit. Mr. Garrett asked if be really means the uaer bas the ability to control their access for the most pan. Mr. Long said be is saying "we" in the sense that we will pal IOF(ber a policy of parental usage, as recommended by the City Anomey. In that, we would also address wlw 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 finali7.ed that policy, be said. Mr. Garrett asked if there are performance guaranteeS in the a>allaCt. Mr. Loog responded affirmatively. Mr. Waggoner said to the point ofninely•five pen:mt, DOI a hundral penal, Mr. Long aid yes, and be does not think there is anything available right -tbal CM guarantee a hundred percent. He said be would be leery of it if--said they could do it Council Member Habenicht asked if there are any filtas aanendy in the Library. Mr. Long said there are filters right now on the two kids computers. Ms. Habeaicbt said so we do filter the childrca' 1 computers. Mr. Long said yes, we do. Ms. Halleaicbl said that was at wbole rec:ommc:oda!io'II . Mr. Long said it was at the Library Board's recommendation . 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 said on page three, it says the City shall block, or unblock, a URL based upon a policy to be created by the City, which shall be Cllablished upon a theory of parental consent. Mr. Long said yes, this picoc was put in at the m::ommendatioo of the City Altorney . Mr. Waggoner asked if the policy has not been established yet. Mr. Long said 1111, it bas not been atablisbed, and that it is his intent that be would work with the Library Boud and with the City Attorney to deYelop a policy that would allow us the greatest flexibility. Mr. Waggoner aaed ifthal policy sbouldn 't be Clilablislled before we llll into the contract agn:,ement. Mr. Long said it is his intent that we deYelop a policy within the next ninety days, if this is approved tonight, prior to signing the contract. ' . . • . • • 0 f - - • Englewood City Council December 21 , 1998 Page 12 <. • ... - 0 • 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 Bums asked if he was talking about parental consent for youth up to eighteen. Mr. Long said yes, eighteen. Mayor Bums 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 further 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 ddenninc for an adult, since you said you were going to control what adults can watch, allO. Mr. Long said the ll)'ltml 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, u an example, filter all sexually explicit sites, and I am not saying we would go there, that could be one rccommcndalion, then we would make that part of the policy . Mr. Waggoncreskcd, if part of the policy allows_._ full use or access to the lntcmct site , then would you have those in a separate room 10mcwbcrc so .,.._ could watch them all by themselves? Mr. Long said no . Mr . Waggoner said then somebody dsc could sec 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 wc don't want to have them out of lite IO that people can lit and cruise to their heart 's content. Mayor Burns 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 inc:idcnts you had had wbcrc: IOIIICIOIIC had the IUgClled llllterial on the screen . Mr. Long said three or four a IDOllth would be the averqe, out of lllout dlineea hundn,d 111e1 per month. Mayor Bums said then we arc DOC having a heavy prublcm with this now. Mr. Long said wc arc not having a heavy hit. Ms. Habcnicbt ullcd if they arc Ible to dell with it. Mr. Long said wc arc dealing with it, but staff is frustrated by having to play polic:aoan and this dorm 't raolve III ftum having to play policeman. Council Member Habenicht ullcd what the alll MJUld be, for example. if all the lntcmct access for the Library would be with ...c group like UAL, which doea havc a filtering system on it. Mr. Long said he did not undcnland die qaellion. Ms. Habcnichl said she IWdamnda that people who subacribe to America On Linc, that they provide a ICl'CClling pnxas for all)'body who 111C1 on AOL . For example, if we limited access only to AOL, then it would already be ICRICIICld. She lllked what the ClOll would be for the City to do somc:lhing like that. Mr. Long said be is not IUl'C, and be is DOC even sure that would be a feasible l'CCOIIIIDCIIII and that be would have to di9Cuss tbal with lnformalion Scrvica. America On Linc, which is a very popular ICIVic:e, is not IICICIC88lily oac of the IDlllt Ocxiblc web providcn, be said, but he has not looked al that option. Ms . Habenicht said she is rcally concerned about this Clllll. Council Member Clapp said she just llumblcd acroa anochcr 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 allO undcnlands that it is at ninc:ly..five pcrcenl bccaUle technology simply isn't there for one hundred percent efficiency. She uked if Mr. Long feels that ninc:ly-fiYC percent of the time we can prevent people ftum accidcntally llWDbling Olllo web pages that would be offensive. Mr. Long said be thinks wc can do that if wc ci-to go in that cluection, bul tbal would be part of the policy we have DOC devdopcd ya. Ma. Clapp aked if she, • a UICI', decided that she nllled jull mwn web lites, then MJUld this card C111b1c her to pt illto jull dlOlc web litcl ud really lllll havc to worry about the rest. Mr. Long rapondcd tbal be really is DOC llll'C be can anner qaite that way. '111c idea of the card is that WC would be able to block ClCIWD lypel of aa:ea, ew:rytbing U would then be open to the lllel'. ' • • • 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 Did, ifwe CIICb it, then we would block il Mr. Waggoner said you would have to redo all the cards. Mr. Long said DO, all the software resides on the server and the Guardianet site. They arc: OOllllaDdy upda&ing this themldves. Our Internet access would filter through them. They would block according to what parametcrS we would build into the policy, be explained. If we build into there that there is DO blodting at all, they would let everything go through. If we said we want to block the majority of Nmil sites, they would block only the NDail sites. If we said we wanted to block the majority of sexually explicit sites, they would block the majority of sexually explicit sites, be said. Ms . Habenicht asked if this means we arc: giving Guanlianet, if we go with this, the control of the selection of what goes and does not pin our library . Mr. Long said we arc: giving them the first shot at cutting out sites baled on our parametas, wbicll have yet to be cldincd. One of the things that I tried to build into the contract, be Did, arc: sites that arc: innoccat sites and would not be blocked inappropriately, and if something were accideDlally blocked, a llaft' member could unblock that with a couple of key strokes . Council Member Clapp said the poim she was Uying to make was that, as a user, she can determine pretty 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 taxpayer. 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 oonect. Mr. Waggoner said you have library records now that have people's names and all the ocher kind of stuff, right? Mr. Long said yes. Mr. Waggoner asked if, with Guanlianet, you have to do this all over again. Mr. Long said yes, this would be sitting in a different database. Mr. Waggoner asked why that can't be interfaced 10 you don't have to duplicate your existing records. Mr. Long said bccaUle not everyone who has a hbrary card uses the Internet, or visa versa. Mr. Waggoner said IO you just tum tbcm looee. Mr. Long said be did not understand. Mr. Waggoner said you control the data that goes into the Guanlianet, right? Mr. Long said if someone wants ftlll aa:as, they would still have to have a card, wbicll would go into the card reader , which would be hooked up to every machine . Mr. Waggoner asked why that can't be interfaced, 10 you don't have to duplicate all dlOlc rsonls. Mr. Long rClpODded that be IIIIJIIC)eCI. for IIIOIC money, it could be. Right now , it is a stand alone system. Mr. Waggoner said it -like it would be lea money. Mr. Long said no, bccaUle it is residing on a diflermt c:ompuler and a difl'en:nl ..__ ~ would have to interpret that .._ and mnite it. Mr. Waggoner said be tboup IIIOll of that lbdl" could be interconnected, or downloaded, or wbaleYer you call it. Mr. Long said tbal is beyond bis technical expertise whether that could be clone or not. Mr. Waggoner Did, if-said they were looting up a health issue on AIDS or contraceplion or pregnancy ... Mr. Long said we tried to build in that dlOlc 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, then. Mr. Long said yes . Mr. Waggoner said on page six, 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. That seems like an awful short period oftime for $108,000, be said. Can 't that be increased to two or three yean? Mr. Long responded that be does not think you will find a company that is going to do that. Whal we tried to build in is a testing phase to make sure that what they deliver to us is what we 8* for, in order for tbcm to get paid. They have a lot of out-of-pocket expclllC, allO, up front, be added, from developing the sys1em to meet our needs, as well as the card stock, so they have a financial conunitmcnl, allO . I don't think we ' •. .. • • I - - • • 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 wananty. Mr. Long said the system is warranted for failure for twelve months, all the system components. Mr. Waggoner said they can also terminate the contract 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 $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 contract and remedy for breach, the contract may, at any time, be terminated by either party, upon ninety days written notice to the ocher without cause, not however within the first ninety days after this agreement commences." 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 he would have to defer to the City Attorney on wbdher that would be the case . City Attorney Brotzman said then we are Fing to give the system back, and we are going to say we want our $108,000 back. Mayor Bums said that -his next queation, are we going to get the money back if they terminated at thatjancture. Mr. Brotzman said yes . Mr. Long said we are going to make every sincere effort to do so. Mayor Bums asked if that llhould be in the contract, then . Mr. Brotzman said we can clarify that, if Council would like. Mayor Bums said that should be clarified. Mr. Brotzman said he thinks that was the intent of both parties . Mayor Bums said he feels we should be able to get our money back. Mr. Long said he would wort with Mr. Brotzman on that. Council Member Bradshaw said she thinks that makes sense . Council Member Waggoner said there is a $4,300 commitment per year, just for what? Mr. Long said that is maintenance, to make sure the system performs the way we want, if there is a problem, there is a trouble desk number we can call . That is analogous with what we do now with our automated circulation system, we pay an annual maintenance for that, just as the City pays an annual maintenance for using Windows 9S . That is very common . Mr. Waggoner said these people are just experimental right now . Mr. Long said that is not the word he would use . Mr. Waggoner said uncertain. Mr. Long said new. Ms. Habenicht said unprovcd. 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 &Wldard. It would be the l8IIIC with the aulornaled circulation system, if Ameritech came out with a new innovation, ifwe wanted it, we would have to pay for it. Mr. Waggoner said if they come up with a nincty<ight percent minimum guarantee, and they Wlllll $208,000, then you could pay $208,000 and 10 for dial. then. Mr. Long said die ninc:ty~ pamil is his number, thal he stuck in. Mr. Wagoner said if they do come up to ninc:ty-cipt pcn:eat, which is better than ninety-five percent, and they want $200,000 for the upgrade, and you wa111 to go with it ... Mr. Long said if we want to go with it, we would have to pay more. Council Member Bradshaw asked if that couldn't happen with any COD1nCt we cnaer into. Mayor Bums said with any computer, after you 've paid for it, they don't give you the upgrades. Mr. Waggoner said it depends on the company, some upgrades are given . Mayor Bums said -of them are, but they are rather minor, it seems to him. Regarding the interface between the choice that the UICI makes and the policy that the Library establishes, Mayor Bums asked how those relate to each Olher. He asked if they are malting a choic::c about how much exposure they want to this malerial, and through the parenu for the youth. Dinlctor Long said we would give the choice right off the bat, following the policy that he would wort on with the City Attorney and the Library Board to develop. Mayor Bums said the policy OOlllel fint and then you choolc, depending on ' •. • • • C ' • • Englewood City Council December 21 , 1998 Page 15 .. • 0 ,. - what the policy is. Mr. Long said yes, the policy would be in effect bd'ore we C\'Cr put this inlO effect. As it stands right DOW, be oontinucd, we could give people ID option fl one of two things. Either they could have full lntcmet aa:as, they could have accea IO what is c:aUed the online venion m the lntcmct Kids and Family Yellow Pqea, wbicll is up to about 5,000 apccific lites that are for ages fourteen and below. If parents chose this for their family, if they pt inlO thele sites, they can't IWfout IO another site. In other words, they are blocked from going any f'altber. Thal is pan m what the ll)'llCm does for us. If a parent says I want my kid to have full -. be said, baled on the parameters that we 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 computers in the Libnry that just anybody can come in and use, you would have to have a Smart Card IO 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 databalCS, they have links DOW to the Internet, and it is very easy for someone IO go IO one m tholC terminals and bop out and aa:as whatever they chose. It is our intent, he explained, to put a card reader on any terminal that can aa:as the lntcmd, whether it is a word processor, a refereooc databue, whether it ii ade faao Intcnct taminll, or whatever . Mr. Waggoner said ifbe came in and wanted to UIC a compuacr, be would have to have a Smart Card. Mr. Long said yes, and there would be no charge for that Smart Card, unka you loae it, and then we would charge you for replacement. Mr. Waggoner asked if it would be one of tholC ergonomical card insert stations, fony-five degree . Mr. Long said that is bis intent. Mayor Bums asked if the Council would like to ICC this policy bd'ore ii is adopted. Mr. Waggoner said he cenainly would . Mayor Bums said be would like to NC it, allO. Council Member Bradshaw said she doesn't~ why we can't be finl ICJIDC'times . 1bis type of software is going IO be in process, it is never going to be fiDitc, it is never going to be Id. becaUle there are clifferenl people who can jull ladt tluuugh lbdl'. My CIOIICCl1I, lbe said, ia that our citiz.eal have asked for 10111C type m limits OIi what their cllildren have -to in Ga" libnriel. Council Member Wagoner said he hasn't bad a call about that at all. Ma. Bradlbaw said lbe thim that the rcaearcb bas been clone, the company bas come OUI, this is two and a balflima lela lban the neuaa company, and why DOI try it. We have thirty daya if it it DOI what we want. We can allO back out. SIie said maybe we could negotiate a deal if they are going to use us•• trial. Council Member Nabholz said lbe cloesn't think they are using us as a trial. Mr . Long said he tried IO 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 rccogniud that it is IOIDeWbat dangerous terrillll'y, but it is _...,bing that is probably worth trying. Council Member Habenicbt said we really don't have any pn,bleml ripa -· She said lbe thinb what a lot of the people in the community are coacerncd about is llllking aare tbal we don't have problems and trying to be preventative. She said she certainly thinb that is the thing to do. She said lbe really believes the technology is developing and does not think we should be the guinea pig. but should bold back a little bit, maybe develop that policy and let the tecbnology develop a little bit more. As we have ICCII in the world of technology, the prices go clown, she said, and lbe can not NC why we should be paying high prices for an albatJOas, when, in a year, maybe we will have _...,l!ing dllt we can lap into II mucb less cost . She said we are not that siu of library to be that guinea pig and lbe felt the mmiey could be spent better for our community. ' •. • • • 0 , • Englewood City Council December 21, 1998 Page 16 .. • 0 • ~- Council Member Clapp said, in terms of money, and how you would spend it, she said she really docs not want to put librarians in the roll of looking over shoulders, and they have repcatcdly said that they do not want to do that. This allows them the freedom that they need in the libruy not to have to do that. This allows parents the freedom to c1-thole boundaries. Policies can be adopted and changed in the future to suit the oommunity. Ms. Clapp opined that wc would rally be missing the boat and that wc can be leaders, and wc have been leaders in the pall Thal is like saying that Cindcrdla City is a guinea pig. She said she docsn 't believe that, it shows clear lcadcnbip, and a clear dim:tion in which wc choose to go. Council Member Waggoner asked bow many problcms the Libruy has had within the last three months. Mr. Long said they are averaging three or four problems a month. He said he would define problems as people looking at IICXllally explicit web sites. We have only had two cases in which wc have had to tell someone their privilcFa are gone, he said. Mr. Waggoner said three or four a month out of how many users? Mr. Long said about 1,300 uses per month . Mr. Waggoner asked what five percent of 1,300 is. He asked if it is about six and a half. Mr. Long said around that. Mr. Waggoner said so you are under five percent now . Mr. Long said yes, we are usually under five percent. Mr. Waggoner said so ninety-five percent is not going to do you much good. Mr. Long said that would depend oa how you look at it. Council Member Clapp said she respcctfully called for the question. Vote reaalts: Ayes : Nays : Council Members Nabbolz, Garrett, Bradshaw, Clapp, Bums Council Members Habcnicbt, Waggoner The motion canicd. (ii) Director Gl}'gclwicz pracntcd a recommendation from the Dcpanmcnt of FiMIICial Services to adopt a resolution appn,viag ....... al appniprialioas to the 1998 budget. He said this is a year end supplcrnenlal approprialion for a IIUlllbcr al die cliftiermt City funds, the General Fund, the Capital Projecll Fund, the Sewer Fund, die Ccnlral Scmces Fund and the Capital Equipment Replrmt Fund. A number m thcle are jllll limillg --. lie explained, and others are expenditures that were not It-. al the beginning mthe year. This includes die Sawt Card, lie added. The resolution WU assigned a number and read by title: RESOLt.mON NO. 106, SERIES OF 1998 A RESOLt.mON FOR A SUPPLEMENT AL APPROPRIATION FOR 1HE 1998 BUDGET OF 1HE CITY OF ENGLEWOOD, COLORADO. COUNCD.. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 106, SERIES or .,,. COUNCD.. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AMEND THE RESOLUTION BY REMOVING THE $109,000 ALOTTED FOR THE LJallARY SMART CARD INTERNET ACCESS CONTROL SYSTEM. Ayes : Council Members Habcnicbt, W...-, Nays : Council Mcmben Nabbolz, Gama, Bradshaw, Clapp, Bums The motion failed . Vote realtll oa aodaa to..,_ Rmlldla Ne. 116, Serie, fl I"': ' •. • • • • 0 , - • • Englewood City Council December 21 , 1998 Page 17 Ayes: Nays: The motion carried. '· • 0 I• • Council Members Nabholz, Garrett. Bradshaw, Habenicht, Clapp.Bums Council Member Waggoner (iii) Director Eaton presented a m:ommcndation from the Department of Human Rcsoun:es to adopt a resolution approving the Englewood Firefighters Contract for 1999/2000. She reminded Council that 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 bctwccn the firefighters and the City, she said. The resolution was assigned a number and read by title: RES0Ltm0N NO. 107, SERIES OF 1998 A RESOLlITION AU'IHORIZING 11fE COLLECTIVE BARGAINING CONTRACT BE1WEEN 11fE ENGLEWOOD FIREFIGHTERS LOCAL NO. 1736 AND 11fE CITY OF ENGLEWOOD FOR 11fE YEARS 1999 AND 2000. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (c) (iii)-RESOLUTION NO. 107, SERIES OJI' 1991. Mayor Bums said it seems this has all the different parts and ingredients in it that we discussed the last ti me and he did not sec any surprises in here. Vote realt1: Ayes : Nays : The motion carried. Council Members Nabholz, Garrett. Bradshaw, Habenicht, Waggoner, Clapp, Bums None (iv) City Manager Scars prcaeoted a RICOIIIIIICIIII to adopt a resolution authorizing the City AUomey to negotiate for the purchw of property wl, if •mPKlCCIPIII, proceed with condemnation. He said the resolution n,qucm suppon al the llaff to cntcr into ncgotiltiom in acquisition for property that bas been idcntific:d in Englewood's 1979 Compn:bcmive Plan 111d the 1997 City al Englewood Rccrcalioaal Demand and Facilities Analylis • a fulurc propeny for open apace linking Centennial Put and South Plane ~ Greenway. He noted for the rmxd dial be and --1 Council Members, along with Community Coordinalor Graham, havc atteDdcd awiy of Sheridan's Planning Commission meetings to dilam a pr.-1 lralb tramrer -. II this lite. We~ thal. at this point in time, wc arc not certain the direction that the City of SbcridaD will ID-They arc currently reviewing the analysis of the information that bas been pr..-.1 to them by the prupoocnt, and they will be making a dderminalion in the next couple al weeks in tau. al m:ommmdatioo to their City Council for conlidcratioo in January . It is not in a final ute ll this point, be aid, but we believe that the timing may be the bcsl to proceed in terms of a lcalC ncgoliatioa on the a,mplction of appraisal to begin the proposal to acquire the property. Mr. Scars showed a map that was put together by the Parks and Recreation Dcpanmcnt that showed where the property is localed along Union Avenue. It is adjacent to the Centennial Lake, he said, and also adjacent to the Plattc River. He pointed out the parcel that wc arc proposing to acquire. The City has already agRICd to proceed in the acquisition, he said, of a property dircctly adjacent to Union, which is the Public Service Company. We arc in discussions right now for the acquisition of that property, he said. Secondly, he said, for the record, he would like to note that there was ' • • • 0 f - Englewood City Council December 21 , 1998 Page 18 (, ,, -• 0 - a letter, which he passed out to City Council this~ and to the news media, from Demer Waste Transfer, LLC by the proponent oflhis site, Ted Zigan. Since he was made aware of the City's desire to proceed with acquisition of the site, he forwarded this letter to the City Council this evening. Several people arc in the audience, he said. Mark Graham has been leading the staff effort to provide information 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 also here, he said, from the Parb and Recreation Department, and could answer any questions about the parts. Rick Kahm, with our Engineering Department, has also been taking a look al the traffic study, he advised. We just received the traffic study last Wcdncllday night and wc have not had an opportunity to review iL Mr. Scan DOUd that staff met earlier this afternoon and the City did a traffic study by another traffic engineer, Amie Ullcvig, which wc think is much more ~. was finished in June. This traffic study was done by Leigh, Scott, and Clca,y, lncorponded and wc feel there are a number of conflicts with the traff'te study that wc complctcd, which was a much more comprdlcllsive nature than the one that was completed by Mr. Zigan. We don't know whether wc will have the opportunity to address some ofthoee concerns . Mr. Scars said that in the audience, also, arc some rcprcscntatives from the Sheridan planning staff, Will Birchfidd and Randy Young. He said he docs not want to put them on the spot, they arc rcprcscnting 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 i11UCS that has come up, and there has been discussion as to whether it is appropriate for us to ncgotiale for, and, if ncccaary, actually uac the power of eminent domain on a part property outside the City. The City or Englewood docs, • a home rule municipality, have the power to do this, he said, and the ordinance aets forth ~ to do thaL Council Member Wagoner said he thinks Mr. Zigan has it all wrong. At the boCtom ol the page it says ~to the extent that the City olEngleMJod is merely acting to support Waste Manarn,at's monopoly, or acting in conjunction with Waste Managcmc::nt, your conduct is anli-compclitive and grounds for a lawmit on antitrust violations." Mr. Waggoner said Mr. Zigan needs to"-lhat lhat property bM always been, ever since the purchase ol the part property O\U there. hM always bccn OIi the Comprebcnsive Plan for the Parks and Rccreatioo Department for oblaining that land to CXlelld the part over to the Plalte River . Council Member Bradshaw said that was originally the Kcwit property, and, yean ago when she was on the Parks and Rccreatioo Commission, that was a dream that Packy Romans bad, al extending that over so wc could tic in the part with the bike trail and people could have immcdialc acass to the part oil the bike trail . So this is not a new iauc at all, she uacned. Mr. Zigan is a \'UY difficult pcrDI to read, she said. She said her concern is that Sheridan is in an untenable poaitioll and shc thinks wc need to go forward with land negotiations, adding that it is pn>«:tive OD our pan. She said she really respects the staff al Sheridan. They did an cxccllcnt job tluougboul the Planning and Zoning hearings, Mr. Birchfield in particular, intcrpming all the difl'crcot municipal oodcl that Sbcridan bas, and how this property docs or docs DOI fit within thoee oodcl. Mr. Bircbficld should be axnmcndcd OD a \'UY thorough job, she said. Ms. Bradshaw said her cooccrn is, she acrves OIi the Soudl Subwtlan Pull Foundatioo also, and this smtch of the bike trail is prombly the IDOi& unsigbdy. She said she docs not think putting tennis screens up around a waste transrer llalion is going to make it any IDIIR becoming. She said she would much rather ICC that open apace, and if it takes Ill buying the land, tben 10 be iL Council Member Nabholz said she agrees with Council Member Bradshaw that we need to mow forward on ncgotialions for purchasing this land, if poaiblc. Abo, • a protcclive ~ that bas been one of Council Member Bradshaw's points, is open apace. and this is a turning poial, not only for the Sheridan residents to their benefit, but also to our Englewood raidcnls. She said lhc tbinb ii is -.ctbing wc need to be proccc:tive ol and take care ol. ,, . ,,. . ' l1 '~1 • • • • 0 , - • • Englewood City Council December 21, 1998 Page 19 '· • 0 • Council Member Bradshaw said we wen: accused of not being vigilant, as far as Wasle Management goes, and l think we arc pretty vigilant as far as what their activities arc and bow they maintain lbeir property . She said, if we arc not being vigilant, she would like to ICC us pick thal up I lot. The resolution was assigned a number and read by title: RESOLtmON NO. 108, SERIES OF 1998 A RESOLUTION AUIHORIZING nm PURCHASE OR OONDEMNATION OF A PARCEL OF LAND Wl1llIN nm CITY OF SHERIDAN, COLORADO, WHIOI WILL PROVIDE IMPROVED RECREATIONAL FACILITIES TO 11fE CITY OF ENGLEWOOD, COLORADO . COUNCIL MEMBER IIASENICBT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM J J (c) (Iv) -RESOLUTION NO. Ill. SltlllES OF 19'1. Mayor Bums said be bas read lbe Idlers and all lbe dala informalioa we ba\'e goaco on this project, and he joins with lbe Olbers OIi Council in stating bow inappropriale this UIC is. He said he was also advised of what an exccllcat jab lbe lllaff' al Sheridan bas door. in oudining lbe CIODCenlS, and lbe environmental concerns and ao forth, oo lhis site. He said be has not been to lhelc meetinp himsclf becaUle, in bis capacity as Mayor, it might be inappropriate, ~. be has been cloldy Wllldling lbem through lbe eyes of lbe other Council Members and going -their rqlOIU. He said be agRes thal -should initiate negotiations on this site. He said be would like to say be thinks we should pursue, or continue to pursue, our n:lationsbip with Sheridan, because, earlier this evening we passed one of our other measures, which is an excellent intcrgcwfflUIICII agrecmcnt with lbe City of Sbcridan . We ha\'C supported lbem for many years, lbe Tri.Cities c-iaion. He said be has alteDdcd oo many oa:asions in lbe put, cspccially with regard to lbe light rails, and it has been wry IUCCellful and wry cordial with lbe City of Sbcridan . This is not an anti-Sbcridan -bcrc. we jull f'ccl this is a rmlly inappropriate Ille, and since it bas been in our loog l'BIIF plamliDg for ao long. our Compiebenstte Plan, be aid bis polition, as Mayor, is thal it is certainly approprialc 10 initialc lhelc -.,cialiool, allO. Council Member HallCllic:llt added tllll Ille thinb this will be an cnha•_... of the Q:ntennial Part, which is an ammity enjoyed by bodl the citizens of Englewood and lbe citizens of Sheridan. It is jUSl one more opportunity for us to won togedler, she said, and lbaR 10 make lbe quality of life for all of our citiu:ns better and suongcr. She said she wbolcbcartedly auppons this resolutioo and lbe work thal has been done by Council Members Nabbolz and Bndlhaw, lining througb a number of meetings and trying to do their best to make sun: thal evaything goes well for our cmununity. Vote raalts: Ayes : Nays : The motion carried. Council Members Nabholz, Ganat, Bradshaw, Habenicht, Waggoner, Bums Council Member Clapp (v) Engineering Manager Kabm preaented a moommendacion from lbe Depanmcnt of Public Worb 10 approve by motion a COllll8ct for Big Dry Creek Cbannd hllpnMmcats 8lljaccnt to lbe Englewood Commercial lndulbial Center. He advised thal lbe low bidder on this project was A.G.E., Incorporated, in lbe amount ofS91,996. He ltalecl thal they bad a compctitM bid and lbeR: -eight bidders. This bid is about ICVCD percent below lbe engineer's eatimatc, be l8id. Mr. Kalun advised thal lllaff' approached Council al a Study Seaion in Augllll of I 991, and 8*ed for direction as 10 bow 10 procud, and -giwn gicncral guiddincs 10 pnaed with this projccl. This property w deYCloped by Mr. Cameron in 1991 and included in a special impnMmcnt district. Tbc City Council putic:ipllted with ' •. • • • • 0 , - • Englewood City Council December 21, 1998 Page20 <. " -• • • him at that time. At that point in time, the property -declan:d to be out of the hundred year flood plain for Big Dry Creek. Later the City of Englewood putic:ipaled with Arapahoe County and the City of Littleton and Urban Drainage Dislrict in a new IIUdy of Big Dry Creek. That IIUdy changed the hundred year flood plain and caused a lot of this property to be beck in the hundred year flood plain and diminished in value. This panicular project would clo -m:haoncliution, he advillCld, and riprapping would cause this property to apio be out of the hundrcd year Ooocl plain, thus, cnhaocing its value and encouraging the owner, Mr. Cameron. to pay off the remaining mts on the property. Council Member Bradshaw llked about the clilaq,ancy in the bids. Council Member Waggoner said that Coocme Worts of Colorado pnibably bad a lot of work that they were doing and didn't care wbdher they got the bid or not. Mr. Kahao aid it UO clependl OIi wbat they &IC bidding OD . Mr. Kahao said tbal A.G.E., 1-ponted bad a project with us._ year, they arc tbc contractor that put tbc storm drainqe wipn,.c:melU in OIi Soudl Clay Slrccl. ailjarml to tbc BOif CIOW'IC, Ill WC llave - recent experience with this comm-, and they did a fine jab. Council Member llabalic:lll llked Mr. Kahao to n:msh her memory . When WC clilcuad this ll Study Session, did wc lalk about bow this would impact cw:n aa:iea to Sama Fe from Union, is tbal the piece of property WC &IC talking about heR? Mr. Kahm said DO, this property, this aJIDIIICl'Cial center, is OIi the west side of Sallla Fe and its oaly public aa:iea is a rigbl-io, right~ alf of Sama Fe. There is a privale drive that goes beck to Wyandot, and tbco beck up to Uoioo, he said. Mr. Waggoner llked if tbc bw: path runs along the IOUlh side of the creek there, or tbc north side. Mr. Kahtn said our belief is that, in tbc long run. tbc bw: path will be OD the Littlctoo side, OD tbc IOUlh siclc, so this docs not affect thaL The -wc felt it -impor1ant to go forwud with this project, he said, is because it cohances its value and causes additiollal clcwlopmcat in Englcwoocl . We ...., ~ that, OD the Littleton side where tbc bw: path will be, Littlctoo prden that to ranaiD open l!plCC, Ill wc cloo 't scc getting putic:ipat.ion with them and Urban DraiDaF Dillricl for diaallel iDlpnwements oo their side 11 any time in tbc future. Mr. Waggoner llked if Urban Drainage Disuict won't putic:i,-. either. Mr. Kahm said typically, ifwc would applOICb ahem. they would participate up to fifty pe,cem, with locals matching. but that is probably _.-al years don tbc road. COUNCU. MDDll:R WAGGONll:R MOYD, AND IT WAS SSCONDll:D, 10 AWARD A CONSTRUCl'ION CONT8ACI' IN 11D AMOUNT 0,...,. 10 A.G.11:., INCOIIPORATll:D JOR THE CONSTRUCl'ION OJ aIG DRY C:UU CBANND. Dll'llOVll:Mll:NTS AT 11:C1C. Aya: Coullcil Melllben Nabllolz, Garrca, Bndlbaw, Habenicht, Waggoocr, Capp, Burm Nays: None The motion carried. 12 . (a) Mayor's Choice (i) Mayor BW'III adviaed that he putic:ipllcd -ua briefly in tbc Christmas Crusade for Children, which Safety Services apiD putic:ipaled in bemly on behalf of tbc City and local occcly families on Friday. This is Rally quite a pn,gnm. he aid. it ii througboul the Clllhe metro area. Nancy ~ who ii very much involwd in this, delcribcd culier in tbc day wllae all of tbc various • • • 0 - • • Englewood City Council December 21, 1998 Page 21 (, • 0 • police departments in the area who participate in this arrived at Bigs, in Thornton, and spent twenty-eight thousand dollars on toys for kids in about an hour. They all had chits on exactly what to get, he said, and it was amazing to see how they organize all of this. They will have a chit for a nine year old girl, for instance, for twenty gifts, and they just go in there and swt piling things into carts and it kind of stanlcd the ocher customers in the place. They had all kinds of police cars with their lights going in a cavalcade, and it is really quite a project, he said, and they are very proud of what they do. Of course, he said, with all the Santa cops from the police department and all those folks participating, it's really quite a program. He congratulated them for their effons in that area. (ii) Mayor Bums wished Council Member Clapp all the best in her tenure at the State Capitol. He said it has been a pleasure to wort with her. (iii) He wished everyone the best of the holidays. (b) Council Member's Choice (i) Council Member Nabholz: I . She wished Council Member Clapp the best. 2. She wished the citizens of Englewood a happy holiday-. u well as her fellow Council Members and peers. 3. She complimented the Street Department. They were out early, around the clock, and she said she has DO( had a single complaint. She said she usually gets some complaints that somebody's driveway is blocked with snow or some intenection is DOC sanded. She said she would like to take her hat off to them, they have worltcd around the clock and done an excellent job. (ii) Council Member Gama: I . He complimented the citizens of die founll Diltricl OD their dl'orts OD the Centennial Part expansion situation, bccaulc they have done a lot of the leg wort to help the Council to understand the issues, and the staff. 2 . On Union Avenue, he said, we llill, every once in awhile, have a truck going westbound on that side. He asked whether we have a graduated fine ICbedule for n:peal offenders, because he understands there are repeat offenders that we see . Municipal Coun Judge Atencio, sitting in the audieocc. responded. He said the simple answer would be that, in all of our offenses, it is a graduated fine ICbedule, accordiq to the poillll, so it is a set fine for the first offense, it incre8lcl by fifty percent the leCOlld offeale, doublcl for the third offense, so there is a graduated IIC8le. Mr. Atencio said we have one of the bigbelt fine ICbedules around, so it goes up pretty rapidly . Mr. Gama asked if there are poiDts for driving a truck in a ao truck mac . Mr. Almcio said he has not had a single ticket c::ome into oourt for that offeme. 1beae may be tnffic infractions, which means they are handled as violation code lickds, so people limply walk up to the OOWller and pay thole fines aa:ording to a set fine ICbedule. 1'bll means wbea they do that as a violalion code offense, there is no reduction in fine offered to diem. People come into oowt. and they may feel they have a certain circumstance, for example.. with this truck thing, maybe it is somebody who dnM in from Nonh Dakota. and had never been in the City before. 1'bll would be a first offenae, and I might gi~ diem a break, he . . . ' '• ' {:~1·. •. • • • 0 f Englewood City Council December 21 , 1998 Page22 • • • \. said. All oC the caes oC this type that I am aware: oC that ~ gone through the Violations Bureau, he said, arc dealt with al the aJUDter. The finl is a ICl oft"emc, the lleCOlld is a fifty percent increase, then doubled, and dlen they go up after that al ID e¥CII higher 1111C. Mr. Garren said be wuald lille ID ac the~ IICbcdule for the DO trudt zone. Mr. Atencio said be docs not ~ what the poinl is on that cbuF-City Attomey Brotmlan said that bas to be a violation of a traffic CXllltnJl ~ ID be felt that would be a four poinl ticbt. After chedang, Mr. Atencio adviled that the finl offeaK MJUld be sixty dollars, ninety dollars for the ICCOlld, one bundrcd and twenty, • bundRd and fifty, two fifty . three fifty , four fifty, me fifty . And they -four points each time. Mr. Garren said it -like, with PftUY lbict cnf'orccmcnt for a period oCn-, a mc-,c MJUld be IClll (iii) Council Member Bradshaw: I . She wished CYCl)'OIIC happy holidays. 2. She said she .-c widl Neighborhood and~ Dc\'Clopmcnl Director Simpson on Friday and the open ll*)C zoning is going to Planning and .lolling in January . He would like to find a time to brief C.ouncil about it, she said. Ms. Bradshaw said she knows the board and aJllllllission interviews arc on the 2s"', but she tboughl Council could llpClld fifteen minutes bdor'c wc Slart to go CMr the ordinance. She asked if ID)'OIIC bad • prolllcm with that, bcclUlc she would like to ~ what is going OD with that She said ifwc bad that in place, it would mve bcal ID easier illuc to deal with ifwc bad our pub all zoned open space, panicularly C Dial Part, and wc arc pn,ceeding that way, anyway. Mayor Burns said, as far as the Boanl and C-iesioe umvieM, he said be dlaugbl WC said WC MJUld ac bow many applica• wc llad, and dim make a clecilioa as to bow wc wa..a ID i-.view them, and that is llill our policy on tllll putiadar CWlling. Ms . Bradshaw said right, but she tbougbt that, wllilc wc wm: hmDg a lllllhridl or IDmdbing, be could come in and talk to us about that, if that is oby. Mayor Burns said an. Ms. Bradshaw said he bad said he couldn't ,et on ualil tawanll the cod oCFebruuy, and wc Mat to ~ bdorc dlen . 3 . She said thank you for the support on the Cmteooial Part illuc. 4 . She thanked llaff, QOIIIIIICllting that they bawdoac an neeamcjob this year. (iv) Cooncil Member Clapp: I . She said she just wanted to explain her DO vote. It is not that lbc docs not support what Council is doing, she said, opining that they arc headed in the right direc:lioa . Sbc said lbc is jull not certain that wc arc at condemnation ycL That is the piece that she SIJUggled with. she said. 2 . She thanked Council for their support in regards to the Internet ICrviccs. She said she feels wc arc headed in the right direction toward a family fiiendly library, and wc Mat to keep that in the forefront. 3. She wished CYCl)'OIIC I happy holiday, adding that is bas Ilea a pleamre to acne with Council . (v) Council Member Wagoacr: ' • • • • , -• 0 • Englewood City Council December 21, 1998 Page 23 ·, I. I . He brought forward a resolution specifying aid to other agencies. The resolution was assigned a number and read by title: RESOLUTION NO. 109, SERIES OF 1998 A RESOLUTION SPECIFYING AID TO OTHER AGENCIES FOR 1999 BY nlE CITY OF ENGLEWOOD, COLORAOO. COUNCU.. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 109, SERIES OF 19'1. Ayes: Council Members Nabbolz, Garrett, Bradshaw, HJbenicht., Waggoner, Clapp, Bums Nays : None The motion carried. 2. He wished everyone happy holidays in Hawaiian. (vi) Council Member Habenicht: 1. She commented on the Cinderella City demolition. She said she ra:alled that Council had talked about trying to have pieces of stuff that would be available to c:ollcctors . She asked if we are working on that City Manager Sean said that is a good question and we haven't really talked about it at staff level. He asked Engineering Manager Kahm to address that Mr. Kahm said he thought it 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 aclUally boea dealing with individuals • they call us on bricks. He said he did not want to go to a lot of expemc of c:leaDing bricks up. not knowing what the demand would be. Ms . Habeaichl ...... if there is _..,. I.bat -could Id people~ tllll miglll be available to them. City Manager Sean llid -wc <a put IOIDC'tbing in die next Citimi tllll pa out rcprding that Mr. Kahm agreed I.bat would be the IDOll daiw way to deal widl thal. 2. She said it is always a plealUre to aee die boliday lipalll «a*1t. SIie recaUod when I.bat mnect a number of years ago, it -die idea of citla die ...... or die dlair of die Parb ud ~ Commission, ~ Neyer, who came to Council IDll akcd if-wc could do this, IDII it has tan.s into quite a wonderful tradition. She lhanked the Clean, Gleen and Proud Commillion for all the work they have done to make it such an exciting pan of our CCIIIIIIIUllity . 3. She thanked staff for the wonderful follow tbroup oa lookia& • die lraffic oa Oxford. 1be cross traffic situation that the neighbors have commenled oa lDII bow diffiallt it is for them to cross Oxford. She said she is glad that we are looking into t.bat for thoae people. 4. She thanked Council Member Clapp for serving on Council, ud said it has been a pleasure working with her over the years. She said there haw: boea a lllllllber of tilDm dial we haw: qroed and a number of times that they have dilagreed, but it has always boea in pod apirits . She wished Ms. Clapp well. 13 . City Muaeer'1 Report •. • • • • , - Englewood City Council December 21, 1998 Pagc24 ·, ,. • • • (a) City Mam,er Sean said it bas been a back a a ,-r. Council and llaft' can be ClClqllimeated for a lot• the work dial bas .,..c Oil and we bave made a lat rlpn111ea tbrougboul the ,-r and we bave a lot • cballcnp next ,-r, apc,c:ially facing CilldereUa City. Frum wbcR we were a ,-r ago, be said it is outstanding, and it is due to CVCl)'body's effort bcR, and tbil is really an inaedibly bani woddng llaft'. He said be would be happy to answer any quelliCllls, but there is really no update. The meetings are just a111tinuing and we are looting for the end • Jammy to bave the QOlltracls come back to Council. We are womng through each atlllNlc issues, be said. (b) Mr. Scan said the cilizml along Union, Mmy Caaell and the group, bave been a delight to wort with. They bave been -*"DI dlil ;-. ad Ibey bave been wamng wry c:l-1y with the llaft'. b bas been. pal bond --eou.:il, the ... ad the, .............. a,ammnity, Ibey bave really helped, be aid. We bave ._. -tmta widt diem amt bave relied llemly .,. them ID bclp m in ian. rlpasbing this iaae ID ealallC dial wllllle an'a IP dleR . ••••• Council Member Hlbmiclll llid, ia die apirit • bcr fmily baditiClll and bcr own belief', lbe wisbed everyone a wry Merry 0.... md a llappy new,-r . ••••• Council Member Clapp aid Ille fqal oae wry ..,.,.,.... thing. Sbc said City AllDrney Brotzman is such a ....,leen, ad ii....,. •.-a OIW dleN, but lie Im wad wry llanl Oil the 1W Sbc said ii bas been. pleaaue -'dag widl Ilia ••••• C.wil Member N11111a1z llid ii 11111 ........ ·-· ._.._ ___ •ii •• ~iwcwi .. -City MaalF'. SIie taid lie it a ..... ID dlit City ... a ... r16-*• ad ii -wry llicc ID ec dial «-citiJJea taliae .... IDO. Mayor Burm llid, a,-p ID die Naliaaal uape flCilill Ca • • ad ..... lilrc dial, die pcqlle 6om Cokndo F Ga rldleir way ID ~--City M-., ad I.. :• • fDrClllllilll llila. Mr. Sean llid lie ii llldty ID be llele ad llldty ID work widl dlea 14 . Clly ....., .. ...... City Aaonicy Brmaa .... _,_....,. llalidlys. IS. AjJ1 m MAYOll auaNS IIOVU TO AUOIJaN. TIie--. ...... • 9 :40 p.a . .. • 0 t , - • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, DECEMBER 21, 1998 7:30 P .M. 2. 1. Call to order. 7 ! 3() p,-m Invocation. /J~ Pledge of Aaegiana,. /f!aytYJ f;/,WPQ 3. RollCall. 1~ Minutes. a. Minutes from the Regular City Council meeting of December 7, 1998. · 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Stan Lange, Chair of the Clean, Green and Proud Commission/Keep Englewood Beautiful will present awards to the winners of the Holiday Lighting Event. 7 . Non-Scheduled Visitors. (Please limit your presentation to five minutes.) ,,et 8. Communications, Proclamations, and Appointments. a. Letter of resignation from Council Member Lauri Clapp. b. Brief reception. 9. Public Hearing. (None scheduled) ,..._ nall: •~haw• 11111a, and med....., alda or ... s1a11, ....... na111y a. ca, cl 11 ... wood (303-112-2411) .......... holn In advance,,, when .............. 1-* ,au. • • 0 l - • • 0 t• - Englewood City Council Agenda December 21, 1998 Page2 10. ConsentAgenda. c. Approval of Ordinances on First Reading. i. Council Bill No . 81 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance authorizing an Intergovernmental Agreement with Englewood Schools to host a website for Englewood Schools. STAFF SOURCES: Frank Gryglewicz, Director of Financial Services, and Chris Diebold, Manager of Information Technology. Approval of Ordinances on Second Reading i. Council Bill No . 79, approving Southgate Supplement #139. ii. Council Bill No. 80, adding new language to ntte IV of the Englewood Municipal Code regarding sales tax treatment for fund-raisers . Resolutions and Motions . 11 . Regular Agenda . r, . J ~ , a . Approval of Ordinances on First Reading . ~ fj ,~ n .1c·.l..J) Council Bill N_o. 7 4 -~ecommendation from the City Attorney to table the 1/';;i , ( ~ ~ agreement with Metncom. ii . Council Bill No. 82 -RecommendatiC'n from the City Manager's Office to "' - ~ adopt a bill for an ordinance approving an Intergovernmental Agreement with the City of Sheridan for Englewood to provide in-kind contributions for the I),() renovation of the Oxford Br.idge. STAFF SOURCE: Gary Sears, City Manager. · b. Approval of Ordinances on Second Reading. c. Resolutions and Motions . -~ i. Recommendation from the Library to approve, by motion, a contract for ~ I\. , n _:.» development and installation of a smart-card Internet access control system 6-d ,~) for the Englewood Public Library . Staff recommends awarding the contract ~ioi,rfJJ (;J ... ~:!':i,,,J) in the amount of $108,050 to Amazing Smart Ca<d Technologies. STAFF ~ /).}'fl-SOURCE: Hank Long, Ubrary Director. 11 (c ) (U) • e.--h•-otion to app,.,.. ii. Recommendation from the Department of Financial Services to adopt a :V~!=l amend ., resolution approving supplemental appropriations to the 1998 Budget. removing s1 oa ,ooo 1ar .Ille. uiw':v O ffJ' AFF SOURCE: Frank Gryglewlcz, Director of Financial Services. SmartC~:J.· .,-,.,,·~· f'\er.:.c,,1FIO(, (tJ.~ ~-ii. Recommendation from the Department of Human Resources to adopt a / resolution api::,,roving the Englewood Firefighters Contract for 1999/2000. . /f, ST1;, SOURCE: Susan Eaton, Dl1'9Ctor of Human RNourcN. ~.,o /{e:SD· 10'1 ' ...... PINN nole: I you tww a die hilly and need auxllary alda or..,,,..., plNN nollfy lhe Clly of Inglewood (303-712-2405) al 1aMt 41 haln In advance ol wlW'I ..,.._ ............ Tllmk you. • ..... • . I· • 0 ' -• • . -~ood City Council Agenda December 21, 1998 Paga3 -iv. Recommendation from the City Manager to adopt a resolution authorizing the , ·_.J.iwl l ~ City Attorney to negotiate for the purchase of property and, if unsuccessful, JT1~dll-W,,,,! i 11 proceed with condemnation. STAFF SOURCES: Gary Seara, City 11.,.., t,-1 L-I t.,,aa, ,Oo and Dan Brotzman, City Attorney. Recommendation from the Department of Public Works to approve, by motion, a contract for Big Ory Creek Channel Improvements at the Englewood Commercial Industrial Center. Staff recommends awarding the bid to the low bidder, AGE, Inc., in the amount of $98,996.00 STAFF SOURCE: Chuck &larty, Dl1'9Ctor of Public Worb. 12. General Discussion. a. Mayor's Choice. / 11 )~ ~ b. 1 eouncil Members' .choice. ~'IP r I' ~~ /O i. A resolution approving Aid to Other Agencies for 1999. 13. City Manager's Report. a. Englewood Center Update. 14. City Attorney's Report. Adjournment. q: ~o ~ The following minutes were transmitted to City Council between 12/4198 and 12/17/98: • Englewood Public Library Board meeting of November 10, 1998. ,,,_ Pllw noea: I you hne a ll11blly and nNd _, alda • • .1a 11, ....... IIIIIIIV .. C11r cl..... ood (311-712-MII) ........ haura In ..... ol .................. ,..,... • • .. • • 0 '32 x l • • 0 - ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COWRADO Replar Sasioa Deceaber 7, 1991 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7 :42 p.m. 2. lavocadoll The invocation was given by Council Member Nabhol z. 3. Pledce vi Allqiuce The Pledge of Allegiance was led by Mayor Bums. 4. Roll Call Present: Absent : A quonun was present. Also prcscnl : S. Mt..ca Council Members Nabholz. Clapp, Ganat. Bradshaw. Habenicht. Waggoner. Bums None City Manager Scars City Attorney Brotzman City Clert Ellis Dira:1or Gryglcwicz. Financial Services Planner Graham. Neighborhood and Business~ Dira:1or Fonda. Utilities (a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR Ml.I.TING OF NOVEMBER 16. 1"8. Ayes : Council Members Nabholz. Garrett. Bradshaw, Habenicht. Waggoner. Clapp. Bums Nays: None Motion carried. (b) COUNCIL MEMBER NAIHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF 1111. SPECIAL MEI.TING OF NOVEMBER 23, 19'1. Ayes : Council Mcmben Nabholz. Gam:lt. Bradshaw. Habenicht. Waggoner. Clapp. Bums Nays : None 6 . Sclleduled Viliton (a) Mayor Bums advised that Quolyn Annsuong. Praidcal of the Colcndo Parks al Recreation Asaocialion. ~ prelCl1I the Prcsidcnl Award to Gene Fdlilll, Vice,__. ad Geaaal Manager or Uni-1 Concens. for his suppon of the Safe Swnmer Propmn. 5 A ' • ' .... . ii-,;-r • I' • •. ... •· • 0 f • • • Englewood Cily Council December 7, 1998 Pagr 2 • • • Ms. Annsllong noted she was President or Ilic Colorado Parks and Recreation Association up unlil aboul a monlh ago. Slic advised Iha! thc Colorado Parlls and Recreation Associa1ion is our Slalcwidc association of all thc park and recreation agencies and as such tlicy have an awards program. Slic asked lhal Sheriff' Sullivan join her. as lic has played an imponan1 pan in Ibis program. Ms. Annsb'ong explained lhal each year. al an arumal confcrcncr. thc Colorado Parts and Rccrcatioo Associalion rccognizcs bolh professionals and commwu1y members who havr made major COlllribulioas IO park and rccn:aion causes. Occasionally a si1ua1ion arises where thc conlribulion is so large or so varied Iha! ii doesn't fil inlo lhc normal awards process . In Ibis case. she said. they go 10 the Presidcnl and ask for a Prcsidcnl's Award. This year five agencies nomina1ed Gene Felling and lhc Safe Sununer Program for a Prcsidcnl's A warcl ... five agencies. She commcnled t11a1 is almosl unbcanl of in CPRA. Since 1993 Universal has conlribulcd over $646.000 lo park and recreation agencies for Safe Summer Programs. These programs have provided yOUlh wilh employmcn1 !raining. special evcncs. ICCII c:cn1er swt-ups. in- line hockey rinks. youlh-al-risk recreation program scholarships and many Olher oppc1111111ilic. Ms. Armslrong poinled 001 Iha! thc Englewood progr:un alone has already been lhc rccipiau of a Cdumbine Award from lhc Colorado Parts and Rccrc:11ion Associalion and a DRCOG Local Govenune111 lnnovalioo Award. Ms . ArmSU'Ong said she asked Pal Sullivan 10 join us. because wi1hou1 Ilic Sherill's Depanmenl they couldn't do tllis program. l1ic Slicrill's Dcpanmcnl is heavily involved in lhc programs and everything and bis folks have been tlicrc 100. So . she said. sllC is pleased. absolu1ely pleased. bolh u lhc Presidcnl cl CPRA and a rcsidcnl of Englewood. lo join Ilic Cily of Englewood. Ilic Ci1y of Denver. lhc Town cl Parter. lhc Ci1y of Aurora and 1he FOOlhills Park and Recreation DiSlrie1 in honoring Gene Felling wilh the 19911 Colorado Par1ls and Recrca1ion Associa1ion Preside111's Award. Mr. Gene Felling noced lhal SlicrifT Sullivan is up licrc al a very appropriaae lime. because lic and Sberifl' Sullivan swtcd Ibis program logether about five years ago. Because. he said. ii was a particularly violent summer we had jUSI gone lhrough. Mr. Felling said lic called Sheriff Sullivan and asked wbal lic could do, Iha! lic was jUSI one person. but he had several hWldnxl thousand conc:en goers OUl then: and if we all bud logclhcr maybe we can make a diffcrcnce . He staled lhll Sheriff Sullivan -very bdpftd and very insuumelllll and lic called all thc police chiefs. lhc cicy aJUDcils and lhc pats and recs . Mr. Fdlillg c:ommcnlcd lhal they didn't Willi Ibis money 10 jUSI be blended inlo -FDCQI IC!Via:s fuad wilh die SWc or wha1~-er thc organi7.alion . Tiicy all can1C back. he advised. and said lei's do somelhing widl die kids. leis gee lhcm off Ilic sua:ts. lei's gel lhcm S01nelhing 10 do al nigh!. So they tagcd die -,. CIIIIO lhc exiS1ing programs. thcy kepi lhc youlh programs a,'3ilablc:. they had free swimming Ibis sunuaer, they IC\'Cragcd lhc program. Ibey senl additional youlh 001 inlo lhc neighborhoods IO do ncigbborbood clean-up. IO do senior citizen projeels. So. Mr. Felling advised. Ilic anny of concert goers became an umy or 9CYCl'a1 hundred youlh going 001 in Ilic commwiily doing communily projcels. He Slaled Iha! lhc Cily of Englewood was gracious enough 10 invile llim 10 llicir pro.JCCI o,'Cr in lhc park where they painlcd Ille 1-11 and lhc kids wcnl 001 and did yard work for Ilic senior citizens in thc Cily . He said ii was a wonderful cxpcncnce and lhen tlicrc was a nice wienie roast ii was jUSI great Mr. Felling Slalcd he lhi'*5 they - really making a difTcrcncc 001 1licrc •itl1 people like P:11 Sullivan and people like yourselves. This nanl.. he said. is not for him. Ibis is ror Ilic kids. This is for Ilic you1h of Denver and wilh Englewood's bdp they can make a difl'crcncc . Shcnff Sullivan Slalcd Iha! he would like 10 recognize Jerrell Black who worked wilh lhem so much on 11111 •'hen they swted in thc summer of 1994. ii was righl after all Ille shoolings. He noced dial we~ IO ha,·e shoolings and crying 10 do tl1ings for kids al nighl. and lrying 10 do lhcm safely. was a dlallalF . l1icy didn~ have money 10 go 10 every recn:a1ion diSlrie1. some \\'Cnl 10 Foochills. -\OCIII IO A--. die south end IICrc . they decided. would h,1ve 10 come 10 Englewood . So he approacbcd Mr. Blact oa ii ad be 11111 wilh ii. He had 10 pu1 in S01ne gates and SlulT and gale olT part ol lhc ltccralion ec.cr. 111d IO .. some ofChicfMoon:'s people. olf~ly, lo work 111Crc. He advised lhal oae oldie llllllil'I filllliap-ol Mr. Black's mainlcnancc pcoplc made one Salwday or Sunday momin&, -Ibey found a .-ia die bushes ouuide lhc Recrcalion Ccnlcr. So SOlne kid abandoned his p IO IO iDlidc aad be • widl die ra:rcation then: thal Mr. Black and his Slaff were pn)\·iding. So a bi& pan is iaisiag lhc -,. ud dlea . . ..... ,, - • 0 • • 0 • • Englewood City Council December 7, 1998 Page J • 0 • - how to correctly spend it to be most effective for the Safe Sununer Program. and he stated. Mr. Black played a big pan in that. Mayor Bums commented that in Marci~ at the DRCOG Awards DiMer. Mr. Black and Mr. Felling were there and the City of Englewood received an award for this same program. So it really has been a wonderfully successful program and well recognized. On behalf of Council. Mayor Bums thanked them enormously for all the work and help they have given us . Ms. Armstrong stated that on the pan of the Colorado Paits and Recreation Associatioa thal this is what they arc all about ... giving kids altcmatives and giving adults altemalives. She gave their heartfelt thanks to Gene Felling. Pat Sullivan and Jerrell Black. Mayor Bums stated we arc proud of Ms . Annstrong. as a loyal Englewood citizen who we know and really respect and he offered Council's thanks. 7. N-lleduled Vilicon (a) George Allen said he was pn:scnl to talk to Council about the Englewood Historical Society . He advised that 1998 was a great year for the Historical Society and they arc very happy about the progress they have made. In their thinking. he said. they arc going to need a little storage space after the current City Hall is closed up . as they have a lot of stuff stored on the second Ooor here . Mr. Allen advised they would like to petition Council to allocate about 600 square feet in the new building. when they move the City Hall . so they can have a place to store anifacts. inventory and do a little management type work with their material. He asked that Council consider this request when they start malting plans and allocating space in tlie new City Hall . Mayor 8111115 noted tliat Council has a letter from their incoming President requesting space, but it doesn't say bow much or for c.uctly how long. He asked wliat their plan is for completing the Depot. Mr. Allen ~ thal is a good question. He said he does not know but they are optimistic lhal this year they will get axne answers 10 the time clement. As far as space in the new City Hall. he said. he thi1*s they will need lbat infmitwn. Because. he poi .. ed out. the mlllCWII is not going to have the space over there for it. especially if they get the bottom pan or the building n:nted out . So they will need this space anyway . Mr. Allen advised ~· will keep Council posted with how far they arc getting with iL Council Member Habenicht asked if the history collection has been coordinated with the Englewood Public Library. At one time the Library had a history librarian who worited with a lot of the stufJlbat they have, a lot of the papers. anifacts. pan of the collection. she said. She advised tl13I she Wlderstands that is son of why it came in together with being stored through the Libra,y . And she would hope. she said. that that collaboration might still continue. Mayor Bums noted that tlie letter tliey received from Gerald Slack. requests office space and storage space in the new City Hall W1til such time as Ilic Depot is completed. If that is not exactly what you arc requesting. he advised. then Council needs that in writing from the Historical Society. as 10 how much space you need and if you need ii in perpetuity. alien you need 10 say that. And. he said. explain a little further about how you want 10 use it. Mr. Allen noted that they. originally. were talking about more space than they need. About 600 square feet should take care of it. He stated they will get that leucr to Council and do the best they can 10 come up with some time clements. CoWlcil Member Nabholz said. on behalf of Ilic Englewood Histoncal Society, lhal she must say dial they have worked very hard tllis year 10 regroup. recruit and build their membership and doing a dlla hue ID c:aaa1og members. So they really liave worked hard. Ms . Nabholz opined lbaa 600 square reet. for our Historical Society at the new City Hall, is very nominal and she tliought it would be ,-ery approprialc to have it in our Civic Center. • ...... •. .. •· • 0 - • • Englewood City Council December 7, 1998 Pa,:e4 • 0 • : . Mayor Bums said he does not begrudge them the space. 1ha1 he was jus1 particularly inlerested in lhc Depol. To see whal !hey arc doing wi1h 1ha1. Bui. he commenlcd. lhey really enjoyed working wilh lhe Historical Sociely on !hat project and !hey wish them lhe best of success wilh that Mr. Allen suggesled if anyone has artifacts they would like 10 donale. !hat they get in contact wilh Dottie Rust . Council Member Clapp noted thal she has seen some very. very interesting pieces in lhc A & A hardware store. Once in a while !hey will bring them oul and show the public. She suggested the Historical Society mighl wanl to get with them and sec whal Ibey have and 1hey might be willing 10 share some of it. She said ii was just a thought (b) Kemp Will advised 11131 he is counsel for Alias Metal and Iron and wilh him is Mike Rosen. Al the Sludy Session. he noted . SlalT recommended a resolutjon by lhe City Council and he would like 10 address that issue briefly. He said he detected a fair amowu of conccm on the part of City Council. abou1 the cuncnt Slatus of lhe project and ii is equally of concern 10 them that Council is concerned. They wanled to con1inuc 10 work cooperatively with the City and the City Council, he said. so he asked them to let him Slcp back and apologize if 1herc 113s been a miscommunication of some son. He said he wamcd to give them a lilllc updalc from Ilic last time llicy spoke with Council. approximately nine molllhs ago or a year ago. Tlic:rc is no rcquiremenL under the current laws. tl131 the General Iron Works propcny be cvalualed by anyone. He poinled out llaat this is not a bad property. from an environmental perspective, it is not on any EPA list, it is not on any stale list . it hasn't been a propeny lhal laas been reguialed. But. he said. we all acknowledge Iha! it has been an industrial property for naany years and we expect lhal it is not going to be a pure property. because of a long industrial use . Bn1 there is no requirement that anybody is requiring Ilia! anything be done about ii. Atlas. on their own initiative. marketing !his property. actnowledged tlaal cnvi ronmental assessment of I he property was ncccssal')' and llicy have dorie lhal over a long period of time. He advised lha1 since 1991 they l~1vc been evaluating Ilic conditions of the property and lakcn many steps 10 n:iriediatc Ilic property . Mayor Bums asked if lie laadn~ told Council. al the time. 1ha1 11131 was done initjally because of a conffict between the seller and the buyer. and Ilic property was purcll3sed and 1Jic:rc was an issue as 10 whether the property was delivered in Ilic proper. son of. condi1ion and there was a lawsuit and in order to settle the lawsuit. tlicre was a rcmedia1ion done so tl~111he purcl~1sers would feel as tllOUgh tliey got the propcny in 1hc proper condition. Mr. Will said that was correct. 11131. Mayor Bums noted. is what initiated the remedial work . Council Member Br.idshaw asked if that was in I 9tJ I . Mr. Will Slaled it began in lliat timcfr.urie . Mr. Will advised llial early in 1l1c spnng Alias decided 11~11 ii would be appropriate to bring Ibis property under Ilic voluntary clean-up program. winch is a fairl y new program in the State of Colorado. So !hey proceeded wil111ha1. He said !hey met will1 llie State stafT 11131 rw1s 11131 program and !hey suggested a preliminary applicmion. T11ey submiued a prelimi1131')' application to lliem. which included all the available studies that had been dorie on Ilic property and proposed a scope of work for a phase 2. They met with the State at the property. cvalualed the scope of work and tliey approved Ilic scope of work. He swecl that Alias proceeded ll1is swrurier. al greal expense. with conducting 1ha1 plaasc 2 study. Based on the phase 2 study. he said. they evaluated the potential of the property and submillcd a final application lhat is now under rC\~ew by the Slate. In between Ilic preliminary application and Ilic final application a major event occurred. Alias received a wriucn contract or11he property. Mr. Will said that wriucn conlJ'act. which appears ii will go 10 closing. was for an industnal use. Tlic contract wilh the potential buyer, required Slalc apprm•al Wider tlic voluntary clean-up program for 11~11 use. Because Atlas received thc conuact for a good. viable industnal use. 1ha1 lie bcliC\·es 1s of \'aluc 10 the Cit) of Englewood. llicy structured their voluntary clean-up application pursuant 10 1ha1 contract. Al that point. he said. 1tiey did not look aa the full range of land uses. because tlicy 1~1d a fiscd co1Mr:1ct for Ilic property and tliey were simply responding to thc conuactual need for a State approval for 111.11 use He opmed 11131 llaa1 is were thcre was • .... ,,, - • . I • I • • Engle"·ood City Council December 7, 1998 Pages • 0 • "' - • miscommunicalion . He apologized and look rcsponsibilily for lhal . He staled thal he is lhe one that drafted the deed restriction. When you are dealing wilh an industrial use of lhc property ii is a 1ypical en"ironmental 100110 use a deed restriction for lhc property as part of your mix of lools for addressing environmental condi1ions at lhe property. So in order to enhance the likelihood of the State approval of the steps that had already been taken and were continuing 10 be taken. Atlas is commilting to take additional steps for remedialion of the property in their applica1ion. In order to secure thal they did lhe standard thing of including a deed restriction. he said. Which is 1he prolccti\'e CO\'enanl tha1 Council has seen and, apparently, been offended by. Mayor Bums said that it seems to him thal what they arc doing there is restricting the deed so Ibey will only have to meet a certain level of remediation in order to justify a continued industrial use. So that Ibey can satisfy a State requirement for industrial level uses. He asked if that was right. Mr. Will advised that they arc responding to a contract that they have. Mayor Bums said he knows that but the reason Ibey have a deed restriction thal eliminates other uses is to confine 1heir compliance with State restrictions to a ccnain level and that would be at the industrial le\'cl . Mr. Will s1a1ed al 1his lime that is com:ct. that thal docsn 't mean that someone. in the fu1ure . couldn'I do somelhing differcnlly. Bui. Mayor Bums said. Ibey had a contract for indusirial use so they arc rcstric1ing 1heir compliance 10 the industrial level. because of that contract . Mr. Will po1111ed out 1ha1 ii is indusuial and commercial. 11~,t they arc nol restricting ii just to industrial. Mr. Will said he wished lhe City's staff had picked up 1he phone and called him. because he would ha\•e been happy to talk about this issue and 1hey could 1,ive avoided lhis concern. He advised lhal Ibey don't have to go that far. of putting a full rcsidcn1ial deed restriction on the propeM)'. 1hat he is happy to look at something less. Again. he said. it was a standard 1cchniquc. 1hey were pulling it in as a standard form. but he is happy to back away from thal and do something 1ha1 mcc1s lhcir needs and the City's needs. He said he is sorry that lhis became an issue. 1hat he wished ii hadn't bul now tha1 it has. he is willing to set down and find a way 10 rcsol\'e ii wilh the City's staff. He noied 1ha1 1his aftemooJL after he had a discussion wi1h Mr . SimpsoJL he drafted an altem,tive of wh:n he lhinks comes closer to wha1 mighl be acc:epcable to the City. but yet meets Atlas's needs. TI~· want 1his conlract 10 go forward. he said. it is a very good one. it meets the City's needs. it meets Atlas's needs . He pointed oul thal ii is not a residential contract. the markel has IIOI said tllCl'C is a buyer oul 1hcre who is willing to pay a good price for Ibis piece of property for a residential use. nae better marte1 is for industrial use. He noted it has a rail spur. it is a very valuable piece of propeny. as an industrial piece of propcny and that is ils history. Again. he said. he apologized for !heir concern and lac offered to answer any qUCSlions . Mr. Will Slated lac does no1 believe the City needs to go out and spend a fair amount of money pcrfonning a risk assessmenl for lhis property. 11aey have performed a screening level risk assessment. which is all that is required by lhis program. Ibis is nae a Superfund type of program. II is a voluntary program lhat is much more straight forward and simple lhan a IOI of oilier envirorunental assessment programs. So lheir lc\'cl of assessment was done at that level and they looked at lhe full range. as tllC)• commined 10. Bui since 1heir applica1ion was limited 10 industrial and commercial uses. 1ha1 is wl~111hey pul 1111hc applic.11ion Mr. Will said lac was sorry there was that misunderstanding If 1hey had sci down. he was sure 1hey could ha\'C avoided some of tlaeir concerns . Council Member Nabholz rei1cra1ed thal North Englewood and Sue Hall ha\'e worked very clOKly with Atlas Metals. saaning in January of last year. due 10 1hc Nonh Englewood Small Arca Plan. which had everybody panicked in December. We are now in December a year later. slae said. and things hive switched once again. Ms . Nabholz said she represents thal pan of town. that small part. and she also represents a larger piece of Englewood as well . Bui, slae said. she has lo \'Ole and protCCl lhal neighborbood. and you have heard ii in every meeting that you were there. You stood up in the very fint meeting wilh SC\'Cnty-five people. she recalled. and stated lllal you would work with the amununity ... lam at mixed use. Ms. Nabholz said that slae feels whal needs 10 go in. as DOI just her voic:e, bu1 what those residents down there want. is to continue to work with you. for you lo listen to them. and don't go industrial. straight indll5lrial. Tiaey sa1 wi1h Mr. Barton. slae personally did. and she was told nae to bring out his name. then all of a sudden ii is in lhe Englewood Herald. so slae is getting \-'Cry mixed messages, she said. I think l need 10 make ii clear that no wlaere in Englewood is it acceptable to mix up the -,es • - •. .. I· • C ' ,, • I . - • En,:lcwood City Council December 7, 19'J8 Pai:c 6 • • 1• • wilh us. she stated. We arc uying to work very closely with you and very hard with you and she feels thal. once again. the rug is going to be pulled out. and that alanns her. she concluded. Mike Rosen. a principal of Atlas Metal and Iron. the owner of the General Iron Wooo propcny . 5lalcd thaa he thought we were on Ilic same page. apologizing if Ilic lines of communication have dropped. He said Ms . Hall has been in contact with the neighborhood. specifically with Mani Kucharski about this. and that has sort of been the avenue that we went. One of Ilic things thal wc heard from a lot of those people at that meeting was looking for a user of thc property to provide jobs within thc City. When thc contract came from Banon. who he believes is a significant Englewood employer and a significant Englewood company, we tbougbt it was a good mix, he said. If tllOSC lines of commwlicalion dropped. he said, I apologu.c. Whal we looked at specifically was it wu a good business decision for Atlas Melal and Iron. it was a good business dcc:isioo for Banon. who wanted to stay within thc City. but realized that to stay within the City of Englewood they were limilcd in their oplions . The option really wu the General Iron Wmts facility . So we tbougbt it was a good marriage. The volwitary clcamJp application sort of went along those lines. wc·ve agn,ed that Ilic deed restriction needs to be removed or renegotiated in such a way that it allows for other development in Ilic future . But thc de\'Clopnicnt at this poilll that we sec is for Banon Brothers to operate their business. Now if sonicwlicre down the li1ic there arc otlicr options available to them. as the future owners. they ha\'C those options available to do whatever they want to do. he said. We can not and would not restrict !hat. nor would Ilic Banons. and I spoke with them today ... want !hat restricted. But as far as a business decision. Mr. Rosen said. Atlas. and also a commWlity decision. like I say. wc dido 't think we dropped that line of commWlication specifically with the ricigl1borhood, wc thouglu that this was a good malclL TI131 is how we continue to sec it. as a good matclL a significant employer within the City of Englewood. and turning that propcny into Ilic use that makes sense that we sec at this molllCIIL Now, 1a1, fifteen or twenty years down the line. maybe there arc different uses. but as the present owners. I don 't think ~'C have a responsibility to project that out. Our responsibility is to say here is somebody thal wc believe makes sense rigl11 now to the City. There were no funher questions. Mayor Burns thanked them for the clarification. (a) A letter from Dena Z.OChcr indicating her resignation from thc Clean. Green and Proud/Keep Englewood Beautiful Conunission was considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT 111E RESIGNATION OF DENA ZOCHER FROM TIIE CLEAN, GREEN AND PROUD/KEEP ENGLEWOOD BEAUTIFUL COMMISSION. Ayes: Council Members Nabholz. Garrett. Bllldshaw. Habcnichl. Waggoner. CL"lpp. Bums Nays: None Motion carried. (b) A lener from Llomar Warren indicating licr rcsign:iuon from the Englewood Code Enforcement Advisory Commincc was considered . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET THE RESIGNATION OF LLOMAR WARREN FROM THE ENGLEWOOD CODE ENFORCEMENT ADVISORY COMMl1TEL Ayes: Council Members Nabhol z. Garrett. Bradshaw. Habcnichl . Waggoner. Clapp. Burns Nays: None Motion carried. 9. Public Heari•11t -• ,, ~ • . , •· • 0 ' - • Englewood City Council December 7, 19911 Pace7 • • • No public hearing was scheduled before Council. 10 . Con1ent Agenda (a) Approval of Ordinances on First Reading • COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i) Pd (ii) ON FIRST READING. (i) COUNCIL BILL NO. 79. INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 139 TO THE SOU1l1GA TE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND W11HIN THE DISTRICT BOUNDARIES . (ii) COUNCIL BILL NO . 80. l!IITRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING TITLE 4. CHAPTER 4. SECTION 4. SUBSECTION 2, OF THE ENGLEWOOD MUNICIPAL CODE 19115. BY THE ADDITION OF A NEW PARAGRAPH D AND THE RELE1TERING OF PARAGRAPH D TOE. PERTAINING TO CHARJT ABLE FUNDRAISING SALES TAX LEVY . Vote remits: Ayes: Council Members Nabholz. Garrell Bradshaw. Habenichl. Waggoner. Clapp. Bums Nays : None Motion carried. (b) Approval of Ordinances 011 Second Reading COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (i), (ii), (iii) ud (iv) ON SECOND READING. (i) ORDINANCE NO. 83. SERIES OF 1998 (COUNCIL BILL NO. 73, INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AMENDING ORDINANCE NO . 25. SERIES OF 1995 . (ii) ORDINANCE NO . 84. SERIES OF 1998 (COUNCIL BILL NO . 76. INTRODUCED BY COUNCIL MEMBER HABENICITT) AN ORDINANCE REPEALING TITLE 2. CHAPTER 9. SECTION 8. ENGLEWOOD MUNICIPAL CODE 1985. PERTAINING TO THE SUNSET PROVISION FOR THE CULTURAL ARTS COMMISSION . (iii) ORDINANCE NO . 85. SERIES OF 1998 (COUNCIL BILL NO. 77. INlllOOUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AlJlliORIZING THE ACCEPTANCE OF LOCAL LAW ENFORCEMEKT BLOCK GRANT (LLEBG) FROM 1liE UNITED ST A TES DEPARTMENT OF JUSTICE. OFFICE OF JUSTICE PROGRAMS. BUREAU OF JUSTICE ASSISTANCE . • .. •· • 0 • t ,, I' . - • • 0 •, • Englewood City Council Dec:cmHr 7, 1998 Paces (iv) ORDINANCE NO . 86. SERIES OF 1998 (COUNCIL BILL NO. 78, INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUlliORIZING A SHORT TERM LEASE WITH SATO'S FLOWERS FOR USE OF A PORTION OF THE HOME LUMBER PROPERTY AS A SEASONAL NURSERY STOCK BUSINESS . Voteraulu: Ayes: Council Members Nabholz. Garrell Bradshaw, Habc:nichl Waggoner. Clapp. Bums · Nays: None Motion carried. (c) Resolutions and Motions COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (c) (i). (i) RESOLUTION NO . 103. SERIES OF 1998 A RESOLUTION BY THE CITY OF ENGLEWOOD AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO FILE AN APPLICATION WITH ARAPAHOE COUNTY FOR A 1999 COMMUNITY DEVELOPMENT BLOCK GRANT TO FUND THE HOUSING REHABILITATION PROORAM, TO ASSIST WITH THE FUNDING FOR THE FAMILY SELF SUFFICIENCY PROORAM AND TO FUND A CITIZEN INITIATED IMPROVEMENT MINI-GRANT PROGRAM . VoeeraulU: Ayes : Council Members Nabholz. Garrell Bradshaw. Habenicht. Waggoner. Clapp, Bums Nays : None Motion carried. 11. Rq:lllar Apda (a) Approval of Ordinances on Firsa Reading 11lcrc were no addi1ional ilcms submincd for approval on first reading. (See Agenda Item 10 -Conacot Agenda.) (b) Approval of Ordinances on Second Reading lbcrc were no addi1ional i1cms submincd for approval on second reading. (See Agenda Item 10 -Consent Agenda.) (c) Rcsolulions and Motions ( i) Din:ctor Gryglewicz prcscnlc:d a n:commcndation from the Department o( Financial Services 10 adopc a rcsolu1ion approving a supplemcnlal appropriation for Neighborhood 111d Business Development lo cover higher-than-anticipated costs for consuhanls in 1991. Mr. Gryalewicz stated that lhis 1opic was covered at the previous S1udy Session . Tilis is a supplemental for S 150,000 for Neighborhood and Business Development. 111c resolution was assigned a nwnber and read by 1i1lc : RESOLUTION NO . 104 . SERIES OF 1998 " - •. ... •· • 0 - • En,:lewood City Council December 7, 19'J8 Page9 • 0 • , . A RESOLUTION FOR 1liE SUPPLEMENTAL APPROPRIATION AND TRANSFER OF FUNDS FROM 1liE 1998 BUDGET TO 1liE NEIGHBORHOOD AND BUSINESS DEVELOPMENT DEPARTMENT (NBD). COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) • RESOLUTION NO. 10,1, SERIES OF 1998. Mayor Bums commented that Ibis was discussed at some length at the Study Session and indicated to the consultants and staff that Council would like to be informed if there arc increases in costs, especially on a monthly basis, for our consultants. He said he docs not think anyone begrudges the work and time that has been spent on the Cinderella City project. which has been moving at a very fast pace in the past year, but, we don't like swprises when it comes to budgeting. We unders1and why the 1999 Budget did not have consultants funds in it because we thought we'd have our contracts completed in 1998, but we understand dicy'II be coming back 10 Cow1cil with fun her costs in the future. he said. and we just want to be informed . Vote re5Ults: Motion carried. Ayes: Nays: Council Members Nabholz. Garrell. Bradsl~1w. Habenicht. Waggoner. Clapp. Bums None (ii) Planner Gml~1m prcscllled a recommendation from the Depanmelll of Neighborhood and Business Developmclll 10 adopt a resolution supponing the redevelopment of the General Iron Works property . Council Member Waggoner said lie wlderstands there is some additional infonnation that needs to be gathered on this particular propcny and some negotiations between staff and the propcny owner. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TIIAT THIS MATl'ER BE POSTPONED UNTIL THE NEGOTIATIONS ARE FINALIZED. Council Member Garrett asked "ticn die comment period is over at Ilic State for us 10 get any kind of infonnation in. Mr. Graham responded dial his wldcrstanding is that die response from the health department 10 AIL1S Metals has to be complete by December 21 •. Council Member Bradshaw commented that slic hates stuff like this. Council Member Garrett noted we wouldn~ have 1i1ne to have any action. Mayor Bums asked if staff recommends approval of this resolution just for the value it might have at Ibis time. He said he Wlderstood that is what we were talkmg about al Study Session . Mr. Graham said yes. C\'en if an amended restrictive covenant 1s agreed 10. this still puts Ilic City on record regarding land uses and keeping ow-op11011s open on land use for 11~11 propcn). He said lie would encourage Council to approve ii for thai reason. One of tlic reasons 1s. as he understands it. 11~11 you can 't adopt restrictive covenants lhal arc contrary to public policy. so ii would be unenforceable 10 adopt dlCSC covelW\ts that nm contrary to a rcsolnlion like this. Mayor Bums said lie thought counsel for Atlas indic.11ed that they thought diey could word Ibis so that it would not be as restrictive as die original draft . Council Member Habenicht asked Council Member Waggoiicr to withdraw his motion. because she feels this should be voted on tonight. -• ...... " - .. • • • 0 - • Englewood City Council December 7, 1998 Page 10 • 0 I• • COUNCIL MEMBER WAGGONER WITIIDREW TIIE MOTION, AND COUNCIL MEMBER BRADSHAW WITHDREW TIIE SECOND. ,. - Council Member Bradshaw said she is concerned that this is the eleventh hour and we are getting this at the last second. and this is a pretty imponant issue. She said she just wishes that we would get things in a more timely manner where we would have think time. Mr. Graham said we respond to notice from the health depanmenl that the item has been submitted for their review and are subject to their time frame. so that this was as soon as we could get the item on the agenda and meet their deadline for response . Council Member Nabholz said she thinks it is very imponant that we go ahead and make a decision oo this tonight as this has been up in the air a long time. The resolution was assigned a nwnber and read by title: RESOLlfTION NO. 105 , SERIES OF 1998 A RESOLUTION SUPPORTING REDEVELOPMENT OF THE GENERAL IRON WORKS PROPERTY BASED ON AN ENVIRONMENTAL RISK ASSESSMENT FOR A FULL RANGE OF LAND USES THAT ENHANCE AND PROTECT THE HEAL TH. SAFETY. AND WELFARE OF ENGLEWOOD CITIZENS. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) -RESOLUTION NO. 10!1, SERIES OF 1998. Council Member Habenicht said thal she agn:cs with Council Member Bradshaw. and does IIOl think that the reason that this is coming to us at such an eleventh hour kind of thing is any fault of the Slaff'. She said she just wants to make sure that it's on the record . Vowrealts: Ayes: Council Members Nabholz. Garrett Bradshaw. Habenicht. Waggoner. Clapp. Bums Nays: None Motion carried. (iii) Director Fonda presented a recommendation from the Utilities Dqa'-d to approve . by motion. an agreement with S & H Concrete regarding water and ICWCI' taps. Mr. Fclllda acknowledged that this item was discussed at some lenglh at Study Session and the Utililies Dqaw has no objection 10 passing this resolution. Mayor Bums said Council Wldc:rslands. witl1 rcg;ird 10 discussion aboul the discharJe pcnait. dial dial will come back 10 them and they will be informed as to how that propalCS. Mr. Fonda rapoaded affimllll\'eJy . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPllOVE AN AGREEMENT WITH SA H CONCRETE REGARDING WATER AND SEWER TAPS ,OR DONALD AND JUDITH GILLILAND. Ayes : Council Mcmben Nabholz. Garrett. Bradshaw. Habeaicllt. Waggoner. Clapp. Bums Nays : None Motion carried. 12 . General Diacuuion ..... ' ['",,'t I ,I • . .. •· • 0 ' • • • Englewood City Council December 7, 199H Page 9 • 0 • A RESOLUTION FOR THE SUPPLEMENTAL APPROPRJATION AND TRANSFER OF FUNDS FROM TIIE 1998 BUDGET TO THE NEIGHBORHOOD AND BUSINESS DEVELOPMENT DEPARTMENT (NBD). COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -RESOLUTION NO. to.a, SERJES OF 1998. Mayor Bums commented that tllis was discussed at some length at tile Study Session and indicated to tile consultants and staff that Council would like lo be informed if there arc increases in costs. especially on a monthly basis. for our consultants. He said he docs not think anyone begrudges the work and time that has been spent on lhc Cinderella City project. which has been moving at a very fast pace in lhc past year, but. we don't like surprises when it comes 10 budgeting. We understand why lhc 1999 Budget did not have consultants funds in ii because wc thought we 'd have our contracts completed in 1998. but wc undcrsland they"ll be coming back 10 Cow1cil wi1h fun her costs in lhe future . he s.1id. and we just want to be informed. Vote relllllts: Motion carried . Ayes : Nays : Council Members Nabholz. Garrctl. Bradsl~1w. Habenicht. Waggoner. Clapp. Bums None (ii) Planner Gral~1m prcsc111cd a rccommendalion from 1he Dcpanmc111 of Neighborhood and Business Development 10 adopl a resolution supponing the rcdcveloprncnl of lhc General Iron Works propcny . Council Member Waggoner said he Wldcrstands there is some additional information that needs to be gathered on this panicular propcny ruad some ncgo1ia1ions between staff and the propeny owner. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, THAT THIS MATl"ER BE POSTPONED UNTIL THE NEGOTIATIONS ARE FINALIZED. Council Member Garrett asked when the comme111 period is over at the State for us 10 get any kind of infonnation in . Mr. Graham responded 111.11 his wldcrstanding is that l11c response from tile health dcpanrnc111 10 A1L1s Metals laas 10 be complete by December 21 •. Council Member Bradshaw commented that she hates stuff like this. Council Member Garrett noted we wouldn~ have lime lo have any ac1ion . Mayor Bums asked if staff recommends approval of 1his resolu1ion just for the value ii might have at this time. He said he W1derstood 1ha1 is wl~11 we were lalkmg aboul at Study Session . Mr. Graham said yes. even if an amended restrictive covernml is agreed 10. llus still puls the City on record regarding land uses and keeping our oplions open on land use for 11~,1 propen y. He said he would encourage CoW1Cil to approve ii for 11~11 rc.,son. One of 1he reasons 1s. as he understands ii. 11~11 you can "t adopt restrictive covenants that arc contrary 10 public policy . so ii would be 1111enforcc.1ble 10 adopt l11CSC covenants that run contrary 10 a rcsolulion like this. Mayor Burns said he thought counsel for Alias indic.11cd 1l1.111hey thought 11acy could word this so that it would not be as restrictive as the origin.11 draft . Council Member Habenicht asked Council Member Waggoner 10 wi1hdraw his motion. because she feds this should be voted on tonight ' .. I· • C - • • 0 - Enitcwood Cily Council December 7, 1998 Page 11 (a) Mayor's Choice (i) Mayor Bums congratulated the Englewood Flower Shop. He said he saw in lhe paper where Ibey donated 500 carnations to elderly and disabled citizens. (ii) Mayor Bums said they mentioned before the Lions' Handyman Program, where Ibey recruit volunteers 10 do home repairs for seniors. He opined that this is an excellent program . (iii) Mayor Bums staled that he and Council Member Nabholz have just returned from the National League of Cities Conference in Kansas City. where there were a nwnber of excellent workshops that they attended. We were struck. he said. by the emphasis on Internet shopping. 11ierc were all varieties of Internet transactions that were discussed. including staffing, hiring, purchasing and an Internet economy is rapidly emerging that cities have to be aware of. Also. this is tbc ftrst conference where they had youth delegates. and there was quite an emphasis on youlh. The ftnal general session was conducted by the mayor of Kansas City. he related. with a panel of the youth volunteers and anendees. It got quite a play in the press in Kansas City that. for the first time. this organization was emphasizing youth. Tiicy also emphasized state. federal :u1d local cooperation. There were a number of significant awards that were given by NLC 11~,1 he is nOI sure Englewood is 1ha1 cogni7~1111 of. Linleton won an excellent award for what Ibey call an economic gardening program. where they help focilitale their local businesses to use the Internet One big issue. and certainly the president in his remarks was very blunt about Ibis. there is a great controversy about purchasing on the huemel wi1ho111 paying s.ilcs taxes. Some of the cities are using the Internet and tile GIS system in order 10 demonstrate 10 rcallors a nd developers and business people where land can be had in the city. wlicre de\'elopments can be had . .1dditional business. If you build all of those tilings. of course. you have to have the infrnstruclure. the police and fm: and the water and sewer and so forth. he said. If they are retail cstablisluncnts. and they are selling on tbc Internet. and expanding their facilities because of increased sales. they may not be paying sales ta.xes on those increased sales. As one gentleman mentioned. arc we encouraging the animal that is going 10 eat us? 11ierc were three amendments to the bill in Congress. be said. Tiicre was a three year moratorium on tax on Internet sales, and the three amendments came from the Na1ion,1l League of Cities. and there was a commission appointed to study this. During the interim. NLC desperately fought 10 keep this bill from being passed. and they still think Ibey have a crack at it. but it is going 10 be a very big issue for cities in the future . Council Member Habenicht commented 11~,1 we certainly have been monitoring tllis from the City· s point of view. and she said slic l~,s spoken a nwnbcr of times on this" hen she attended NLC and served on the Fair Policy Committee. At the sanic 1inic. too. sl1e said she thinks the oilier issue dial we talked about in temlS of telccommunicaaions and the kinds of franchises or whatc\'cr kinds of laws tliat work around this, it 's all a pan oflhe same tiling and part oftlic point that she was uying 10 make the last time witb a lot of the questions that sllC had. was tliat we are really looking at the way cities and communities and businesses do business and how it is going lo affect all of us in die future in 1enns of revenues being able to deliver all of those services. Slic said she tllinks each lime we have 01ic of these issues before us. we have to really look at it very carefully with the impact lhal ii could h,1,·e down the road when we really change the way we do things. She said she did her first Cluistmas sliopping on the Internet and it is pretty illlCrcsting. Mayor Bums said also takings legislation is :u, important issue and any preemption issues at the federal level. He said he thinks the cities feel as though a lot of their decision making power is being taken away from them and there is a great conccm about 11~11 . Council Member Habenicht said we need to do some stuff. (i,•) Mayor Burns also reponed on the visit that City Manager Sears and he made to the Federal Transit Administration on NO\·ember 24"' with regard 10 our grant application for Cinderella City for the bridge and for the bike path and so forth . II was an enlightening visit. he opined. We bad a very cordial. very fricndl)' visit with Maria FcmandC7. who is the assistant din:aor. and also their planner and one other woman who met with us was on staff. We were told that the 20 million dollar nationwide fund available for these kinds of grants had sluunk to 12. because 8 million dollars bad been ca,ved out in the budget process by cannarking. and 4 million dollars of it went to NASA. of all people. and they bad . ..... • • r,, .. I ,I • • • En~lc"·ood City Council December 7, 1998 Pa,ec 12 • • • some sort of sa1clli1c moniloring system. Ma~ or Bums said 11~11 Ci1y Manager Sears told him today that he talked with RTD and they think 1ha1 1hat 8 million dolLvs may not. in facl. be coming out of the 20 million after all . It may be an addition 10 iL he said. Another thing is that there were an enormous amount of applications for this. IIWldn:ds of applications. for 1hcsc funds. 1licy had not established how they were going to cut down the liSL he said, and they were going to have a linal list. and if you are selected as a finaliSL you will submit more infonnation for them for the linal competition . Mayor Burns said they had never done this program before and they were obviously just sort of wading their way through it We asked who their panel would be and they said that was not for public dissemination. so it got very undefined during the discussion. he said. and wc are hopeful lhat we can still be competitive in this program. but we have no idea what kind of politics is going oc, behind tlic scenes. We are still hopeful wc can be competitive in tlic program, lie advised. As we discussed this. lie said. tl1e planner voluntarily, without prompting from anyone. and we had all of our 1n.1ps and designs and everything for Cinderella City spn:ad out in fronl of them. and he said. you know. we have asked cities around the country for years to do what you are doing, and you are doing it . It was obvious from their comments that they loved this development TIICy think it is 1errilic and that there is nothing quilc like ii in 1he country. so we are hopeful that, if it is not tl1is program. ii is others ... 1hey will be very supportive of. Obvionsly it is their contract that Rm has to build tl1c liglu rail and so we are very hopeful in other ways that we can get sonic additional cooperation and funding from thai. lie said. because it is very obvious I hat lhey arc extremely pleased with this contract. TIICy were very friendly. they were not defensive at all . he opined. as far as our application for funds was concerned. tl1ere was no negativity in tliat meeting al all and 1hcy were exlremely cordial to us and very friendly . The progr:un itself. he allowed. is 1101 \'cry well defined al 1his point Mayor Burns asked City Manager Sears if he had any other <.'Ommen!. City Manager Sears said no. but he could get i1110 a little bit of discussion about RTD during his report (v) Mayor Burns asked iftlie employees· Christmas party is on the is• or 16"'. Mr. Scars said it is on tlic calendar for the Is•• from 11 :00 a .m . 10 3:00 p .m. at the Englewood Golf Course. He said hopefully Council can come to that . Council Member Bradshaw asked if they are invited. to which Mr. Sears responded "absolutdy." It is a very infonnal get togetlicr. lie said. adding that we arc not Filing into boards and commission. it is really to appreciate tlie work of tlic employees. but it is imponant to have the Council there . (vi) Mayor Burns noted the aniclc by Mark Graham and Bob Simpson in Govenuncnl West Magazine. Building a Transi1 Village. wilh reg.1rd to our dcvcloprncnl commenting that ii was nice to sec that . (vii) Mayor Burns said lie again enjoyed the Business Dcvelop1ncn1 Newsletter. TIICy pack an awful lot of information in il lie said. and do an excellent job. (b) Council Member's Choice (i) Council Member Nabholz: l . She tlianked Safety Services Director Olson and Cily Manager Sears for taking care of some construction 1his Friday. and also tlie Police Department. 2. She !hanked the office of Neighborhood and Business Dcvelop1ncn1. and all the Olhcr employees. who have been working so hard on tlic Cinderella City Project . II was a linle tough on cvcrybocly tonight, and we arc gcning there slowly but surely. slic said . 3. She tlwlked COWICII Member Bradshaw for driving lier di stria while she was gone . 4 . She thanked Council and lier constitucnls for allowing her to go to K.-City. She Slid she would have her report. She said she and tlic Mayor took different classes so they did not overlap on anything. however. they both did appear at a Brownslields one that was very imercsling. She llicl she • ., - ,. - •· • 0 - • • • Englewood City Council December 7, 1998 Page 13 • 0 • "" - I• - focused more on planning. communily devclopmcnl. neighborhood involvcmenl and youth involvement. Last year was lhc real year of learning. and. as she told Mark Gral~'Un. lhis is her second year. so lhis is lhc year wc implemcnl. Mayor Bums said ii was amazing thal. with 4.000 delegalcs. we could always find each other. (ii) Council Member Garrell: I . He said earlier there was a get 1ogethcr wi1h lhc Code Enforccmenl Advisory Committee. and it is twning into a committee thal he feels Council envisioned when 1hey set ii up. lbey are working very hard and lhc education committees are doing an excellent job. If you got your water bill. he said. besides being depressed by what it costs. you also got a nice Oyer. as lhcy are starting lhat process of education, which lhcy should be commended for. 2. He said he wanted 10 bring something up 11~11 he saw on lelcvision. lhat was fascinating, about roadways. One oflhe lhings we have in Englewood. especially as we become more urban in nature. is noise. Whal lhis study suggc:sled is that car noise is not from engines any more, engines have gotten pretty quiet, ii is tbe tires. 11ley sbowed this rubber compound that they put into the asphalt, he said. which really lowered the levels of noise just for cars going back and fonh . When I think of some of lhe roadways where we have noise issues. he said. Union being one and 0 .xford being anolher. lhat if wc were selective, maybe, because it is a bit 1nore ex-pensive. because is crc.11cs a belier quali1y of life for our City. it is something we maybe should explore. Mayor Bums asked if thal was on the microsurfacing or was ii a full surface. Mr. Garren said he actually could not tell. But tbey were pulling down lhis surface. and a guy 1h.11 lives by one of the highways in Britain. it is a French product . and he said he used 10 be upsct with truck and travel and now you hardly even notice the 5lJ'CCt anymore. because it cushions Ilic tires. City Manager Scars said we will do a follow-up on that . He asked if Mr. Garrett knows the product at all. Mr. Garrett said it is made in France and basically it is just rubber pellecs lhat they put into the mix . (iii) Council Member Bradshaw: I. She reiterated wilat George Allen wd. 11131 sl,c 1hinks it behooves us 10 reserve some space in City Hall. Sis hWldred square feec 1s not very mucll sl,c said. wl,cn you look at the overall tOllll . She said she would just like to reiterate 11131 thal is nnponam . 2 . She asked Neighborhood and Business Dc:velopn,cnt 10 have in Council 's hands by Febnwy 1 •. is an open space zoning. She asked if thal is a doable !laing. Din:ctor Simpson responded from the audience thal they would sure give it a try. Ms. Bradsh.1w said sl,c 1lainks fifteen months of asking for it is enough . 3. She said slie would like 10 have 1he group home list however tbat can be done, because she asked for tbat. Slie said slie is just trying to go back 011 wha1 she asked for a year ago . 4 . She said the South Suburban Pan. Foundatioll at our nc.x1 1neecing, would like 10 ha,,: someone from Neighborhood and Business Development come and prcsenl the plan to the whole Foundlliorl She asked if he knew who those guys were. For lhe bike path folks. she said. because we would like 10 sec what is going on. Sl,c said sl,c trunks 1ha1 would be a pretty good PR tiling. Wlien we have a meeting, she said. as needed ... Deborah Weeans sliould be calhng Dm:c1or Simpson . S. Slie said slie lhinks we are going 10 be i111m ·iewing DiS1rict Ill candidalcs in January, and we also have several board aild commission appointments 10 do. She suggesaed having a questionnaire for the candidalcs. Ms. Bradshaw said she mentioned ii previously 10 Mayor Burns and they tbou&ht they should ny it through the rest or the Council. Just so,ne basic questions. she said. so lhal we have some representative of that penon before lhey walk in for Ilic interview. • ..... .. I· • f - • • Englewood City Council December 7, 1998 Page 14 • 0 ... • Council Members Habenicht and Nabholz felt it was a good idea . Mayor Bums agreed. suggesting some basic questions about their knowledge and perception of the Cinderella City project., or even the South Broadway Action Plan. improvements on the Water Trcaunent Plant and code enforcement. Ms. Bradshaw said it would be just a general qucsti0tU1airc on City issues. not a lest . Council Member Ganctt suggested wording it like do you like the general direction of having a transit oriented dcvelopmenl Council Member Habenicht said she docsn 't wam questions that ask do you like or don't you like. Council Member Bradshaw said it needs to be open ended. Ms. Habenicht agreed. suggesting wording such as what do you know about the South Broadway Corridor and what direction would you like to sec it go. She said she prefers those kinds of questions. not asking for a vote of approval or not approval. Council Member Bradshaw said they used it for school board candidates when she served on the CEA and Englewood Educator screening committees. and it really helped . But. she said. I don 'I know if that is an issue or not . Council Member Habenicht said she docsn 'I think we should be trying to grade them on whether or not they arc going to vote with us. but it should just be a knowledge base. or just get an idea of how they approach issues . Ms . Bradshaw added that it sort of serves as a study guide for them to know what to study before they come in for the interview. Mayor Bums said if wc have their answers when we conduct the interview. that will be when wc have the real discussion with them. but wc can use it as a take-orr point to ask questions at the interview. Council Member Bradshaw asked Council Member Habenicht if she would help her do thal . Ms. Habenicht responded affirmaaivcly. Ms . Bradshaw suggested that if any of the ocher Council members ha,·e questions they should get them to Ms . Habenicht or her. Council Member Waggoner asked if she was talking about just the candidate for District 111. Ms . Bradshaw responded affinna&ivcly . Regarding boards and commissions. Ms . Bradshaw said she is thinking they arc going to have so many people to illlef'View. that maybe we should just offer to persons already serving on a board or commission. thal ma~t,c they Just submit a letter saying that they would like to continue. just this time only. She said she personally does not want 10 look at two nights of interviewing. Council Member Habenicht said she thinks it is imponant to have people apply and have the process go as it is . She asked 1f they would be interviewing with the new council member yet . Mayor Bums said yes. wc would. Mr. Garren said the 18"' is the appointment. Ms. Habenicht said she would think that if she were a new council member thal she would like the opponunity to interview people . Mayor Bums said he thinks thal is a good point . but suggest thal rather than having ten minutes for each interview. maybe five for someone who is asking to be re-appointed . He said he recalls from the pasa thal they have done some of those rather quickly where we know the person who is applying. Council Member Bradshaw said she has sat through two of those processes and feels that if people are doing a good job and they want to re-up that they could just write us a letter and say they arc intcresled. Mayor Bums said Ms. Habenicht docs ha\'e a poml about the new council member. He asked Council for their thoughts on that . Council Member Nabholz said possibly. but she couldn ·1 speak for a new council member. She said she is on both sides of the fence on this one because it is dilT1CUlt to go through two nilh&s ol illlaVicws, but it is also. for someone who has been on a board and commission for two years or four ycan. 10 come back in when you arc already known for doing a good tenn. . -.... ,, - • . I • • 0 ' 2X - • Enilewood City C1N1ncil December 7, 19911 Paie 15 • 0 I• • Mayor Bums asked if ii will lake lwo nighls. CoWlcil Member Bradshaw said we have 28 already. Executive Assistanl Sue Bradshaw responded from the audience 1hat there arc 29 vacancies. so, depending on the number of people who apply. you could have 60 applicants. Mayor Bums asked if the decision could be made after wc sec how many applicants wc have. Ms. Habenicht said she thought that would be a good idea . Mayor Bums said wc mighl have only one night's wonh of interviews. and ifwc have two, we might then make a decision lhat all those who have asked to be re-appointed. wc will jUSI go ahead. Ms. Habenicht said she just docsn 't want lo feel that wc arc making a blanket re-appointment jUSI if you reapply. She said she docsn 't feel thal is the approprialc thing 10 do. either. Council Member Waggoner said they may want 10 get rid of somebody. Council Member Bradshaw said thal docsn 'I mean 1hcy would get appointed. Mayor Bums agreed that they have not appointed people in the past who have asked to be re-appointed. Ms. Bradshaw explained that just because 1hcy write a lener. docsn\ mean 1hcy gel appoimcd . She stated tliat what she is uying to do is, those arc people that we know. and then maybe they could spend more time with the people that arc new. Ms. Habenicht said that makes sense. Cow1cil Member Bradshaw said. one of our criticisms as a Council. from tlic public. is that once people gel on boards and commissions. tlicy stay forever. And, she added. from any population. there arc a certain amount of people who wan1 lo be involved. and I understand that demographic. bul I don'I want to discourage people from applyingjust because they arc not known entities. Ms. Habenicht said she thinks she understands now. tliat she thought Ms. Bradshaw was suggesting that a letter was just an automatic appoi .. mcnt. Ms. Bradsliaw said absolu1ely not . Mayor Bums said he thinks we can also lake a look at how many applicants we actually have. We may not really have a problem here. clcpcnding on how many applicants we liavc . Ms. Bradshaw said if they Wllll III inlcrvicw . Id them. give them an ope.ion . Ms. Habcnicbt and Mayor Bums thought that -a good idea_ Council Member Clapp said she would hope that tlic new council nicnlber for Diltrict m. new or IIOl. sbc would hope thal thal l*liaalar diSlrict would not go wi1hou1 a voice. Council Member Bradshaw asked her to say it a ditrcrcnt way. because she did no1 get it . Ms . Clapp said if you appoinl mn1COOC to this scat prior to the interviews. she would hope that District Ill would ha,'C a voice in all the sclc:aions. and DOC be left out of anything. Mayor Bums said. at the same: time. lets sec ho" na.'lny applicanls we actually get. Council Member Bradshaw said she docs not feel thal you do a good job aner you 1alk to thirty people . It gets down to just a numbers game. (iv) Council Member Clapp: I. She said she would like lo tliank Ilic Code Enforcement Advisory Comminee that Council has appointed . She said she thinks they ha,'C done a real terrific job. in looking al all of their work. 1bcy still have some wort ahead. but a peat deal of progress has been made on that. 2. She advised that Local Govcnuncnt is OIIC of her committees. so she will keep in touch and let tlicm know what is happening with thal . 3. Slic asked for anotlicr application lo be faxed to her. for this COWlCil seal as she has had a couple of rcqucsts. 4 . Slic said it is an excellent idea to include Sou1h Broadway and Cinderella City in the qUCllions and finding oul the background. The South Broadway Action Plan really affects Diltrict Ill and came about .. -•• •. .. ,, I· • 0 ---------------------------------------------,,. ------------------~--• • En,:lcwood City Council Dcccm~r 7, l'l'IIC Paa:c 16 0 - because of 1he lypes of uses and things 1li;11 we lt;l\'C on lh.11 area . She s.1id she reall y wants lo sec lhal cominucd. (v) Council Member Waggoner said some lime back we had three ordinances that affected the Englewood Housing Authority and Cily Manager Scars was going 10 lake a look at that and detcnnine whether lhcy were still ncccssary. and he did nol recall coming 10 a final decision on that City Manager Sears said we put that inlo 1hc Project BUILD discussion of which a committee was fonncd with Council Members Clapp and Garrett. He lhougln that comminee decided at that time to put off until October discussion of that and he did no1 lhink he 1~1d raised that back up. Mr. Garrett said one of the issues that came up. with tlie different activities that we arc doing that may be outside the Cinderella City project. is that the use of the Project BUILD funds may be nccess.1ry in other arenas. so that was sort of put on hold, because the decision making process comes easier if the account balance is zero. as far as Project BUILD. Mr. Waggoner said they were also discussing where lhe personnel should be budgeted. Right now they arc under the managers. Mr. Scars said riglu now 1hcy arc siill under Neighborhood and Business Development In fact . we have two of1he employees who arc now back inlo lhe City Hall from the Housing Authority . He asked Director Simpson 10 commcnl on where 11~11 is or where we should be moving in regard to !hose ordinances. Director Simpson staled ll~u wc had initially pl:iccd the issues of the Housing Authority Agreements on hold for 1lie fall . and 1h.11 was at lhc rcqucsl of lhc conunillee. Because things have remained starus quo for Ilic entire year oc11hat area. and Project BUILD funds 11;1,·e been expended in otlicr ways. he explained. we have moved lhe two employees that I s1ill l~1d under m y authorit y. back full y physically within Ilic building. as much as possible. At least one of them. and we arc working on the second one as quickly as possible. Janet Gnrrunctl is one employee. she 1s work mg on Rehab. 51111 continuing tliat funcuon. and I am lookmg to expand additional fw1c1ions for her rcL·ued to Housmg. lie advised. Steve 07.burn is the second individual and we arc still uying to define some of his duties. A lot of his duties currmtly arc reL11cd to Rehab inspections. and previousl y. Project BUILD inspections. so llicre is some additional duty redefinition required in ~11 area. and wc arc looking al lhat. Mayor Bums said lie is also project 1~1nager for tlic 1ownhomc dc\'elopmcnt , which is Wider construction. Mr. Simpson said tliat is concct. and he 1~1s been iallung \\1th the Housing Authority Director about bow we can contract back 10 Ilic Authority and pay for some of the lime tha1 may be expended from Mr. Ozbum 's time back to lbc AutllOrity . So we arc uying to work out sonie of that. lie said. We will probably be coming back to Council with so1ne suggestions on how that "orks. bu1 lic thouglu they want to get back with tlie subcomminee first . City Manager Scars said pan of Ilic reason \\C \\ere ho ld ing olT wuh llus subcommittee was that some of the funding within Project BUILD we were looking at III lcnns of property acquisition. so that is a liuJc bit unclear. Mr. Simpson said from a 111anagc111C11t siandpoim, so1ne of the more immedialc concerns of some unusual and very difficull management structures of having employees 1101 reporting to tlic manager that they arc responsible 10 or responsible for. He said he feels 11~11 situation l~1s begun to com:ct itself. and it is because lic and Ms. Si . Clair l~1vc l~1d on-going discussions and he feels lhcy have co1ne 10 agreement outside of all lllCSC other discussions and thal particu~1r mamgcmcnt s1ruc111re l~1s impro\'cd. Mr. Sc.1rs s.1id we will take a look at llmt ag;un Mr. Waggoner said ii seems like \\C should either drop the issue or bring it back. Mr. Simpson s.1id we \\111 l~wc 11~11 discussion for Council very 5000. and. hopefully, we can drop it Council Member Bradsl~1w 1l~11tkcd him for his work on this . (vi) Council Member Habenicht : • • • • • 0 f • Englewood City Council December 7, 19911 Page 17 • 0 I• • I. She said that driving down Broadway. she was noticing 1hc windows on some of the store fronts are decoraled in all different ways. and some arcn ·1. you know for lhc holiday season. and she was wondering ii perhaps Council Member Waggoner could suggest that the EDDA. for some of the downtown windows. might work with some of the an teachers at the high school. She said she remembers. years ago. when art classes would work in cooperation with the downtown businesses and give some of their windows for kids to do winter scenes and the like. She said she was just thinking that would be a nice thing to try to bring back into our commllllity. She rccogni7.Cd 1hat this year it is too late. but asked him to share that. Mr. Waggoner suggested having City Manager Scars write a lencr to Harold Celva in that regard and suggest something like that. 2 . She said she has had a request from a citi1.en asking if we would look at doing video speed ticketing again. She recalled talking about tllal six montl1s or a year ago. but we son of put it away . Council Member Clapp suggested they wail on 1ha1 and sec whal 1hc outcome of this next session is . City Manager suggested Council wait for a period of lime and 1hcn come back. 3 . She said she has been driving tl1rough the city al night and seeing all the beautiful Christmas lights . Your work is cut out for you tl1is year. she commented. on doing tliat contest. Every year they just get bigger and better and more beautiful. 4. She said she is not sure if anybody else noticed. but she was really glad there: was a little article in the Herald about Cluis Gwm. who is a graduate of Englewood High School and participated in our Parks and Recreation Surruner l11Cater Program for a number of years. He is a very talented young man, who has been appearing natio1ially on Wendy· s commercials and he has also liad a role in Homicide: Life on the SlrCCIS . He was on Friday night and he ·11 be on 1icx1 Friday nigh1. so if you want to watch an Englewood boy looking good. doing good . 5. She said when we are talking about Ute Historical Muscum liaving sonic presence for storage in the new City Hall. ccnainly it makes sense. because 1hcy have storage in lhis City Hall. She said she thii*s we need to continue tlllll liaison. But at the same lime. it reminded her of when she was fllSI on Council. we had a half time librarian who was dcdicaaed 10 Englewood history . She said she ~"S we have been cutting the Library over the lasl ten to twelve years. tliat was one area where we took some really major cuts from a very small dcpanmcN . She opined tliat we really need to look at perhaps. since we have such a stroog Englewood Hisaori<:al Society. with their own curator. and building tlicir collection. that we should have a comparable work c:ffon going on m our own Englewood Public Library. to liave those Library sources. because there is a linle difference between a library collection and oilier historical collections. She said she feels tlicy need to be working togcllicr and site would like 10 sec us look toward expanding that again, or recouping tliat. 6 . Slic said. regarding Housing. site just son of threw this idea out to C ity Manager Scan. and be said she ought to talk to Council about it, and site keeps forgetting 10 mention it to anybody, but when we lalkcd about Housing again. we have a loc of concerns over wliat we are doing in tenns of the housing 11111 goes into Cinderella City. and the level of housing that we have. We liavc a senior housing. we are talking about affordable housing. we have to have a comprehensive approach to housing tlvoughout the whole City. She said she was thinking thal maybe. with the South Broadway Plan. we could cannark some o(the propel1ies thal are motel properties. thal are generally not being u111i7.Cd so much as mo1els anymore. but as housing units. and. maybe. if we are going to be looking for moderate and low income housing. how about in thole places wltere tl1ose propcnics could be better utili1.ed in an arc., tliat could stand more traffic. to look a1 tllose areas wlicre we do some creative kind of affordable housing t11ings and really preserve that Cinderella City site for the more upscale housing 1hat we l~wc been talking about. Site said that was just a thoughL Mayor Bums said that is what Cindcrclln CII) is . upsca le . -• I· • 0 , 2 I • • 0 I • • En,:lcwood City Council December 7, 199H Page 18 13 . City Manager's Report (a) Cily Manager Scars informed Council 1ha1 he did a walk through on the Water Trcalmellt Plant. We haven't really raised thal back 10 1he Council. he said . bul ii is moving along in really good fashion. It is probably in the neighborhood of 30% 10 -40% done . llicrc will be some low now over the Christmas time to reconnect one pipe and put anolher pipe in over there. He said he would get Director Fonda 10 give an update on that. bul it really is an exciling projccl . a lot of concrete in the ground righl now and the planl actually will start changing some of the filters in the next couple of monlhs to use some of the fillers 1ha1 actually have been built . So there may be some noticeable change in our water sysiem as a result of thaL so it is exciting to sec that go ahead wilh some of the other stuff that is happening. (b) City Manager Scars advised that next Monday nighL there is a pretty big mccling. David Tryba will be here to talk to the Council about where we arc right now on the Cily Hall. the Foleys building. We will go through ii in a little bit finer detail whal will l~1ppen and we will relate to him about the storage over lherc . I think they have acco11n1cd for lhal. he said . and I'm sure we 'vc got the space. but we need to eannark that and we will lalk abo111 ll1.11 . In addi1ion . we'll give Council an update on where we arc . Mr. Scars said he knows that Millcr-Weing;1ne11 1~1s bccn lalking 10 a munbcr of tenants and he expects that U1ey will have a list of suggcs1ed 1c11.1111s 111.11 Ibey 1~1\'c been working wilh as they finalize their project . He emphasized again 111.11 we have been having \'Cry intense meetings on a daily basis with Saunders. who is the contractor for Miller-Weinganen. and our consullants. Tryba and U,e various players. to come up with exactly what the cost of all the roads arc . NBD. Public Works. Director Black. everybody have all been working extremely hard. he said . We have a great auomey here in Mc. Brot7.man. who docsn 't get mention very often . he said. but he is al these mcc1ings will, Mike Miller to try and finalize a lot of the detail. Right now they arc into the level of asphall . the grading plans. costing out everything. and that is prclly exciting. because we arc to a point of actually gelling lhe project into a final Slate so we can finally get a foundation poured and the construction moving ahead . One oftlic key elements of the plan. he pointed out. is RTD . As tlic Mayor mentioned . we met with RTD and . due to tlic work of NBD. we actually were an applicant with DRCOG for S2 million . to use those funds for enhancements. We met. even last Friday, with RTD again. about the aniclc 111.11 was in the paper in tcm,s of lhe additional funding that may be there. or sources of fmtds. being under budget and ahead of schedule . He said that Council Member Habenicht advised him about a meeting last llmrsday night with RTD . and RTD is somcwhal tight lipped about those funds. they h:wc a contract ... January 15"'. before they actually ha,1: a final number tliat tlicy can laa,·c in tcnns of being wider budget . II was recommended by Andy Leong. with RTD , Iha! we make co111act with them to let them know about our plans. Mr. Sears said he did colllaet John Claftin 1oday and ,o,: an: going 10 be meeting O\'cr lite 1iex1 couple of da)'S . llie timing of this is absolutely cssenual . because tlic project has to include caissons and foundations lo meet structures. so the contractor. Miller-Weingancn. is not gomg 10 sign tlic project unlil they know what kinds of levels of costs there wiU be to do that. Mc . Sears said wc will be meeting with them. but lie is not sure wc will get an answer. but lite)' ,0111 come back to Council. probably next Mo11d.1 y night . We will know where we are with the granl, and also l~1vc a better idea where RTD is 011 ii . so 1ha1 we mil probably be pl,uming to go to the board after Ilic first of the ) ear with some specifics . ask mg for 1hosc funds 10 be used . ll1e key on this project is not only tlie bridge enl~'UICC1nen1s. bul also parkmg and so 1hey are vcr)' aware of wliat our needs are and we arc going to continue over tlie next couple of weeks to remforcc 1ha1 . llL1t. lie said. is really one of our biggest focuses . (c) City Manager Scars said tlierc was a project that was on Galapago last week that was a person building without a building pennit. or cxc.1vating. and they 1~1,·e been shut down. II is a gun shop over tlicre , and they arc working with our Building Depannicnt to get lite pennits to proceed. Our Slaff' stepped forward . Police/Fire were there . and Public Works. to prolect tlie street. so that is back under control. (d) Cil)' Manager Sears said there is a Starbursl award llmrsday night . Council Member Bradshaw advised it's at the Golf Course Club House al <,·OO to 7·30 p.m. . -• • • 0 - • Englewood City Council December 7, 1998 Pa&el9 • • • (e) City Manager Sears said to make sure they come: 10 the employee Cluistmas pany next week . 14 . City Ano...,'1 lleper1 City AUomey Brotzman did not ~ any matters to bring before Council . • • 0 f ~2xl - • • • •, • ,. Clean, Green ud Prolld Commillion/Keep Ell&iewoocl Beaatiflll 11• AaHal Holiday Liptiag Winnen -December 21, 1998 Mayor's Clloice Award Jlldpa' Clloice Award / Steve & Leslie Ward 3935 S. Inca St. Randahl & Tammi Headley & Family 4315 S. Lipan Street Lifetime Holiday Spirit Award / The Miller-Bargas Family 4104 S. Sherman St. Beat Artistic lapreaioa Award )11lon & Melanie Klocwcr 5041 S. Elati St. Cat's Meow Holiday Award Skinner's 8-0 Kennels I IOI W. Quincy Ave. Lipb! Lighb! Llpb! Award VUwightP .Latbam 2971 S. Emcnon St Old Fuhion Holiday Award Chuck Greer 3701 S. Huron St. Radolplt'1 Choice Award vClmtcy, Carol & Bill Van Amam 443S S. Grant St. Saall Towa Holiday Award Gary, Lori, Joe & Jon Southwell 4450 S. Grant St. Winter Woaderlud Award vRichard & Alice Klocwcr 4990 S . Elati St. •. .. • • 0 - - ,., • • • • •, • '· .... r Clea, Green ud Pl"Olld Co••iuioalkeep Eap,,ood Bealltilat 11• Aaa ... Holiday U..taa Wiuen -l>eeeat.er 21, 1"8 Art Blom 4560 S. Sherman St. Dennis & Kathy Brewer 4045 S. Elati St. Christopher Caillouet 4465 S. Grant St Rich & Peggy Cole 3017 S. Pennsylvania St Tom & Carol Gibson 4801 S. Inca St Mart A. Greiner 287S S. Delaware St. The LeffFlllli.ly 3SO E. Belleview Ave. Gilbert & Laurie Mears 3742 S. Sherman St Darlene Reed 1050 W Oxford Ave. Deborah & Gary Walters 3740 S. Sherman St Charles & Barbara Willio,ham 4233 S. Sherman St . ' 2 - - • • • ,._ City of Englewood CITY COUNCIL Thomas J. Bums Mayor District II Ale>candra H~nkhr Mayor rro Tern /\llarge &e.,,rty J. Bradshaw Council Membl!r Ill large Lauri Clapp CouncilMeml>l!r Dtstrkt Ill Dougl.ts c..nflt Council Member District IV Ann Nabholz Council Member District I 3400 South Clar i Srrttr Englewood. Colo<ado 80110-2304 ~ (303) 762-2310 FAX (303) 762 -2408 December 16, 1998 Mayor Bums and Members of City Council City of Englewood 3400 South Elati Street Englewood, Colorado 80110 Dear Mayor and Council Members: I would like to resign from the Englewood City Council as of December 31, 1998. I have been elected as a State Rei,resentative and will take office in January, 1999. It has been a pleasure and honor to serve on City Council with all of you. I am looking forward to continuing our relationship during my tenure in the Legislature . Sincerely, ~·~ Lauri Clapp Council Member, District DI . ' .. • • • • - - ORDINANCE NO ._ SERIES OF 1998 • • • <. BY AUTHORITY ABILLPOB ,.. ,; j(}IA.,.I ua;m.mu, NO. 11 llffllOOUam 11T CCIIUIIUii. -1 I 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 Enclewood bas maintained a World Wide Web site since January 1997; and WHEREAS, this tool bas allowed the City t.o provide updated information t.o Englewood citi7.ena and positively market itself t.o the rest of the world; and WHEREAS, since implementation the City has had over 90,000 visits t.o the City's Web Site; and WHEREAS, Enclewood Public Schools desires for the City t.o boat the Enclewood Public Schools Web Site; and WHEREAS, this project would provide poaitive PR for the City and allow Englewood Public Schools t.o bring their orpnization into the Internet era; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sc<;tjgp I . The inteJ'IOV8rnmental asreement between Enclewooci Public Scboola and the City of Eqlewood, Colorado whereby Enclewood will boat the Easle•ooci Public Schoola Web Site, attached aa "Ellbibit A", ia hereby accepted and approwed by the Enslewood City Council . Soc;tigp 2. The Mayor ia authoriad t.o eucute and the City Clerk t.o att.Nt and Nal the Acreement for and on behalf of the City of Enc)ewood, Colorado . Introduced, read in full, and paued on fint read.int on the 2lat day of December, 1998 . -1- "' - • • 0 f _ . I - • Date December 21, 1998 Initiated By • 0 t• - COUNCIL COMMUNICATION Agenda Item 10 a i Staff Sources Subject Bill for an ordinance authorizing an Intergovern- mental Agreement with Englewood Public Schools Department of Financial Services Frank Gryglewicz, Director of Financial Services Chris Diebold, Information Technology Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has made Information Technology a priority for the City. RECOMMENDED ACTION Staff recommends that City Council approve the Ordinance authorizing an Intergovernmental Agreement between City of Englewood and Englewood Public Schools pertaining to the hosting of Englewood Public School's web site. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood has maintained a World Wide Web site since January 1997. This tool has allowed the City to provide updated information to the citizens of the City and positively market itself to the rest of the world. Since implementation, we have had over 90,000 visits to the City's web site. Englewood Public Schools has approached the City with an interest in collaborating with the City to host the web site of the Schools. This would require very little staff time on the City's part to provide. Benefits of this project would include positive PR for the City and allow the Schools to bring their organization into the Internet era. As the City would not be providing dial-up or dedicated access to the Internet for the Schools, content filtering of inappropriate sites will not be an issue. FINANCIAL IMPACT The revenue generated by this collaboration will offset the cost of existing equipment. No additional equipment or staff will be required. Estimated 1999 revenue -$250 .00. UST OF ATTACHMENTS Proposed Bill for Ordinance Contract • ...... • ... •· • 0 '32xl - - • • ORDINANCE NO ._ SERIES OF 1998 . ' • • - '. BY AUTHORITY A BILL POK t~ /OA-' QOUIICIL BILL NO. 11 iN'l'loDUCBD Br COUNCIL m ______ _ 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 aince January 1997 ; and WHEREAS, this 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 has had over 90,000 visits to the City's Web Site ; and WHEREAS, Englewood Public Schools desires for the City to hoet the Englewood Public Schools Web Site ; and WHEREAS, this project would provide poaitive PR for the City and allow Englewood Public Schools to bring their organization into the Internet era; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $o<;tipp l . The intergovernmental agreement between Englewood Public Schoola and the City of Englewood, Colorado whereby Enclewood will hoet the Englewood Public Schools Web Site, attached as "Exhibit A", is hereby accepted and approved by the Englewood City Council. $cctigp 2. The Mayor is authorm!d to execute and the City Clerk to atteat and aeal the Agreeme.nt for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and paued on first readinc on the 2lat day of December, 1998. -1- "' - • , . • 0 , - • • • , . . • ' (. Published as a Bill for an Ordinance on the _ day of December, 1998. Thomas J. Burns, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and pasaed on first reading on the 21st day of December, 1998. Loucriahia A. Ellis -2- II ~ • .. • • 0 '32xl • • 0 • CONTRACT THIS AGREEMENT, entered into this __ day of 199 by and between the City of Englewood (City), whose address is 3400 South Elati Street, Englewood, Colorado 80110 and The Englewood Public Schools (Schools), whose address 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 service 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 15111 • 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 . The City of Englewood will proceed with the performance of the services called for in paragraph No. l 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. 3. The City will not be responsible for the content (defined as any and all, electronic data, software, programs, or information used 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 as any person enabled, through a data connection over the Internet, to access, use , purchaae, download, or otherwiae interact with the Content, which is located on or distributed by means of the equipment). All such content and programming shall be the sole responsibility of the Schools . The Englewood Public Schools agree that it will not use the services to take any actions or make any statements that: (a) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary riJhta or richts of publicity or privacy; (b) violate any applicable law, statute, ordinance or rerulation (including without limitation thoae regarding export control); (c) are defamatory, trade libelous or unlawfully threatening; (d) are pornographic or obscene ; (e) violate any laws regarding unfair competition, antidiscrimination or falae advertising, or (f) result in the distribution of viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines. 4 . Neither party will be responsible for computer hardware and software owned by the other party. 5 . The City of Englewood shall be re1ponsible for the profellional quality and technical accuracy of the aervicea provided under this contract. The City shall. without additional compensation, correct or revise any errors, omiaaiona or other deficiencies in its host services related to thia contract. However, this ,hall not include conditions which ariae outaide of the City'• control, 1uch u any failure of the Internet, telephone service, or technical failure of the School', hardware . -1- ..... • .; •· • 0 • • 0 • 6 . The City will provide technical support and will make its best 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: refuae to hire , discharge , promote, demote or discriminate in any matter of compenaation; performance, eervices 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 otherwiae altered unless 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 assign or transfer its interest in the Contract without the written consent of the Englewood Public Schools. Any unauthorized assignment or transfer shall render the Contract null, void and of no effect 88 to the Englewood Public Schools. 12 . The Englewood Public Schools shall not assign or transfer its interest in the Contract without the written consent of the City of Englewood. Any unauthorized assignment or transfer shall render the Contract null, void and of no effect u to the City of Englewood. 13 . Either party of the Contract may terminate the Contract by living to the other party 30 days notice in writing with or without good cauae shown. Upon delivery of such notice by the Englewood Public Schools to the City of Englewood and upon expiration of the 30 day period, the City of Englewood shall discontinue all services in connection with the performance of the Contract. Aa eoon 88 practicable after receipt of notice of termination, the City of Englewood shall submit a statement, showing in detail the services performed under the Contract to the date of termination. The Englewood Public Schools ,hall ~n pay the City of Englewood promptly that proportion of the prescribed charges which the eervices actually performed under the Contract bear to the total services called for under the Contract, le88 such payments on account of the charges u have been previously 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 TechnolorY Manqer City of Englewood 3400 South Elati Street Englewood, Colorado 80110 All notices and communications pertaininc to the Contract ,hall be mailed or delivered to the Enclewood Public Schoola at the lollowins addnu: -2- "' - •. ... I· • 0 - • • • • Director of Information TechnoiOIY Englewood Public Scboola 4101 South Bannock Street Enclewood, Colorado 80110 t• 15. The t.erma and conditiona of the Contract aball be bindin( upon each entity, ite aucceuora and uaipa. 16. Nothiq herein aball be conatrued u creatinc any peraonal liability on the part of any officer or apnt of any public body which may be party hereto, nor aball it be conatrued u livinl any ripta or benefita hereunder to anyone other than the Enclewoocl Public Scboola and the City of Enclewood. IN WITNESS WBBUOF, the partiea bentto ban exec:ut.ed thia Contract the day and year first writt.en above. ATl'EST: CITY OF ENGLEWOOD Loucriahia A. Ellia, City Clerk Thomae J . Burn.9, Mayor ATTEST: ENGLEWOOD PUBUC SCBOOI.S .3. "' - • .. • • 0 '32 x l - ORDINANCE NO._ SERIES OP 1818 • • • BY AUTHORITY COUNCIL BILL NO . 79 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING SUPPLEMENT NO . 139 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES . WHEREAS , Southgate Sanitation District recommends the inclusion of approximately 5.412 acres into the District; and WHEREAS, said inclusion is located in Greenwood Village north of Powers Avenue and east of South Holly Street; and WHEREAS , the zoning of thia property in Greenwood Village is Residential R-2.5 ; and WHEREAS, said annexation of thia additional parcel of land will not increase the tap allocation to the Southgate Sanitation District; and WHEREAS, the Englewood Water and Sewer Board recommended approval of Supplement No . 139 to the Southgate Sanitation District at the November 10, 1998 meeting; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : $ect,jop l . The Agreement between the City of Englewood and Southgate Sanitation District entitled "Supplement No . 139 , to Connector's Agreement", which includes approximately 5.412 acres located in Greenwood Village north of Powers Ave.nue and eut of South Holly Street, ia hereby accepted and approved by the Englewood City Council . A copy of said Agreement is attached hereto u "Exhibit l" and incorporated herein by reference. $ect,jon 2 . The Mayor and City Clerk are hereby authorized to sign and attest, respectively , the said Agreement for and on behalf of the City Council and the City of Englewood , Colorado . Introduced, read in full , and paased on first reading on the 7th day of December, 1998 . -1- 10 bi .. I· • 0 I I - • • • I• • ' <. Published 88 a Bill for an Ordinance on the 11th day of December, 1998. Read by title and paaaed on final reading on the 21st day of December, 1998. Publiahed by title 88 Ordinance No. ~ Series of 1998, on the 25* day of December, 1998. Thomas J . Burns, Mayor ATTEST: Loucriahia A . Ellis, City Clerk I, Louc:riahia A. Ellis, City Clerk of the City of Enc}ewood , Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance paaaed on final reading and published by title as Ordinance No. ~ Series of 1998. Loucriahia A. Ellis -2- ;- . ' • • 0 -• • • <, SUPPLEMENT NO.~ TO CONNECTOR'S AGREEMENT THIS AGREEMENT, ,,__ rod entered in1D by rod ~ the CITY OF ENGLEWOOD, acting by a,d llwaugh ill duly authorizlld Mayor and City Clerk, t.9itaftal called the "City,-a,d SOUTHGATE SANTATION DISTRICT, A,apslOlt and Dougla Counties, Colorado. hereinaftar called the "Distrtc:t,. WITNESSETlf: WHEREAS, on the 20th day of June, 1961 , the City and the Diltrict .-.cl inlD an~ in which the City agreed ID treat -.ge originating from the Oiatrict's --,y sewer system within the aru serwd by the Distrid. which •-·• -most ,-'Illy~ by Connectcl's Agl'Nffl9!1t dated Nollember 18, 1988; and WIEREAS, said ConneclDr's Agreement provides that the dilllil:t may not enlarge its MrVice anta without the written consent of the City; NOW, TltEREFORE, in consideration of the mutual covenants a1d undertakings herein set forth, the parties agree .. ftlllows: 1 . The City hereby c:on-,ts to the inclusion of cel1ain additional .. icx.d in Douglas County, Colorado . owned by •.chNat Horw and more fully described on Exhibit A attached hent!o and inc:orpoi ated herein by ref91'sa. into Southgate Sanitation Oistrict. The City agrees that said additional ... may be S8Mld with the sewer fac:ifities of the Distnd, and that the City will trut the sewage diacharged intc the City's trunk line from said additional am. all in accordance with the Connector's Agreement dated November 16, 1988. Accordingly, Exhibit A '*"8d ID in Psagrap/1 1 of the Connectcl's Agreement dated November 16, 1988 , ii hereby amended to include such additional area . 2 . Each and every other provision of the said Connec:tor's Ag,-nent dated Nol/ember 16, 1988, lhaff remain unchanged . .. WITNESS WHEREOF, the parties have set their hands IIICi 11111 this_dayof __ . 19_. ATTEST: CITY CLERK (SEAL) ATTEST: f ~ A~,, ( ) CITY OF ENGLEWOOD By : ________ _ MAYOR SOUTHGATE SANTATION DISTRICT, ARAPAHOE~ DOI IGLAS COUN1IIS. COLORADO By :L~ PRESIDENT E: X E I B I T 1 .. • • 0 1 32xl -• • EXHIBIT A LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN LOT 2 OF THE NORTHWEST ONE QUARTER OF SECTION 18, TOWNSHIP 5 SOUTH, RANCE 67 WEST OF THE 6TH P .M., CITY OF GREENWOOD VILLAGE, COUNTY OF ARAPAHOE. STA TE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE QUARTER CORNER OF SAID SECTION 18; THENCE NORTH 0014°11" EAST ALONG THE WEST LINE OF THE NORTHWEST ONE QUARTER OF SAID SECTION 18 A DISTANCE OF 8.37.65 FEET TO THE POINT OF BEGINNING: THENCE CONTINUING NORTH co·, 4'11" EAST ALONG SAID WEST LINE OF THE NORTHWEST ONE QUAR TER OF SAID SECTION 18 A DISTANCE OF 614.79 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE HIGHLINE CANAL; THENCE ALONG THE FOLLOWING F'OUR COURSES ON THE SOUTHWESTERLY RIGHT OF WAY LINE Or THE HICHLINE CANAL: (1) THENCE SOUTH 46"44'02" EAST 184.66 FEET TO A POINT OF CURVE (2) THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 741.94 FEET, A CENTRAL ANGLE Or z4·.34·00· ANO AN ARC LENGTH OF 318.12 rEET TO A POINT Or TANGENT (.3) THENCE SOUTH 71'18 '02" EAST ALONG SAID TANGENT 144.44 FEET TO A POINT OF CURVE (4) THc:NCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 112 1.57 FEET, A CENTRAL ANGLE OF 02"5.3'19" AND AN ARC LENGTH OF 56 .55 FEET : THENCE LEAVING SAID SOUTH WESTERLY RIGHT OF WAY LINE OF THE HICHLINE CANAL AND SOUTH 00·00·52· WES T 255.04 FEET TO THE NORTHEAST CORNER Or VILLAGE HILL. A RECORDED SU801V1S ION IN ARAPAHO E COUNTY COLORADO : THENCE SOUTH 89"31'49" WEST Ai..0N:'.; Tr!:: ;.;0",ri LINE OF SA ID VILLAGE HILL AND SA!O NORTH L!!'lE EXTENDED WESTERL Y 597 .50 rEE T TO THE POINT OF BEGINN ING CONTAINING 5 .4122 ACR::s MORE OR LESS . • . .. • • 0 I I • -• t• • VILL<lGE 12 --'::..·;:_ ... ; '~;t:.. '1 ._. ... _ l"J-'""T"'._ • < . . . . . ) \ • •• I :\. ... . ' • .. I· • 0 I - • • 0 • .. BY AUTHORITY ORDINANCE NO._ SERIES OF 1998 COUNCIL BILL NO. 80 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE 4 , CHAPTER 4, SECTION 4, SUBSECTION 2, OF THE ENGLEWOOD MUNICIPAL CODE 1985, BY THE ADDITION OF A NEW PARAGRAPH D AND THE RELETTERING OF PARAGRAPH D TOE, PERTAINING TO CHARITABLE FUNDRAISING SALES TAX LEVY . WHEREAS, with this amendment to Title 4. will require the vendor of products used by charitable fundraising groups to calculate into the final price of its goods the sales tax resulting from sales and remit the collections to the City; and WHEREAS, the Ordinance does not create a new tax but rather pertains to the collection of the current tax ; NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section I . The City Council of the City of Englewood, Colorado hereby amends Title 4, Chapter 4, Section 4 , Subsection 2, by the relettering of paragraph D to E. and the addition of a new D, to the Englewood Municipal Code 1986 which shall read as follows : 4-4-4-2: SALES TAX LEVY: -DE. For transactions consummated on or after January 1, 1986, the City's sales tax shall not apply to the sale of tancible pel'90nal property at retail or the furnishing of services if the transaction wae previously eubjected to a sales or use tax properly and proportionately impoaed on the purchuer or user by another statutory or home rule municipality equal to or in exceN of three and one-half percent (3.5%). A credit shall be granted qainet the City's sales tax with respect to such transaction equal in amount to the lawfully imposed local sales or use tax previously paid by the purchaser or user to the previous statutory or home rule municipality. The amount of the credit shall not exceed three and one-half percent (3.5%). D. ANY COMMERCIAL ENTERPRISE , WHETHER SOLE PROPRIETORSHIP, PARTNERSHIP OR CORPORATION . WHO SHALL ENTER INTO ANY AGREEMENT WITH A CHARITABLE ORGANIZATION OR GOVERNMENT ENTITY WITH THE SOLE PURPOSE OF PROVIDING TANGIBLE PERSONAL PROPERTY TO BE SOLD TO THE GENERAL PUBLIC BY AGENTS OF SAID ORGANIZATION OR ENTITY FOR THE PURPOSES OF FUNDRAISING FOR THE ORGANIZATION OR ENTITY SHALL BE DEEMED TO BE THE RETAILER . THE RETAILER SHALL CALCULATE INTO THE FINAL SALES PRICE ANY APPLICABLE SALES TAX WHICH MAY RESULT FROM THE SALE AND SHALL BE WHOLLY RESPONSIBLE FOR THE REMITTANCE OF SUCH SALES TAX WITHOUT REDUCING -1- -• 10 b ii ... •· • 0 , -• • t• . • ' THE BENEFIT TO THE CHARITABLE ORGANIZATION OR GOVERNMENT ENTITY. Sectjon 2. Safety Clauaee The City Council, hereby finds , determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is neceBBBJ'Y for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bell1'8 a rational relation to the proper legislative object sought to be obtained. $cctjon 3 . Seyegbjljty If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any peraon or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or ita application to other pereons or circumstances. Section 4 lnroneiewnt QabDftDl'N All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5 Effect of repeal or modjfir,gtion The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which ahall have been incurred under such provision, and each provision shall be treated and held 88 still remaining in force for the purpoees of auatainin& any and all proper actions, auita, proceedinp, and proeecutions for the enmrcement of the penalty, forfeiture, or liability, 88 well 88 ir the purpoee of auatainin& any judgment, decree, or order which can or may be rendered, entered, or made in 1uch actions, suits, proceedinp, or proaecutions. Sectjpn 6. Penalty Pm!i•jpn The Penalty Proviaions of E.M .C . Section 1·4·1 aball apply to each and every violation of this Ordinance. Introduced, read in full, and paued on £int reading on the 7th day of December, 1998. Published 88 a Bill for an Ordinance on the 11th day of December, 1998. Read by title and passed on final reading on the 2llt day of December, 1998 . -2- ,-. , • .. I· • 0 I ~I - ..... ~·' • • • '· Published by title as Ordinance No. __. Series of 1998, on the 25th day of December. 1998. Thomas J. Burns. Mayor A'M'EST : Loucrishia A. Ellis, City Clerk I, Louc:riahia A. Ellia, City Clerk of the City of Englewood. Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance pasaed on final reading and published by title as Qrdinance No . __. Series of 1998. Louc:riahia A. Ellia -3- ... . .. • • 0 f 32xl - • • • • • MEMORANDUM Mayor Bums ' City Council Memben, Dan Brotzman, City A /;;/ December 15, 1998 h TO : FROM: DATE : REGARDING: Metricom. Attached ia the correspondence from Ken Fellman concerning Metricom'a entrance into the Englewood market. At the Englewood City Council Meeting held on November 16, 1998 this matter waa continued to December 21. 1998. Due to the present atatua of Metricom it ia recommended that this matter be tabled until such time u Metricom re-enters the Englewood market. It should be noted that Metricom baa paid attorney fees for apecial coumel in this matter. Attachment DB/nf 11 a i .. • • 0 • • 111 ~11s1~1 11r1 Qr~i1• f~ · ·I ,h! t · t I ·, i v-h 1 1 f i ·111~1 1tI 1i1 ' t1'1· J1lif'. ti hf•! I 4} f tf . •t'"! • .t [i~ f I . s l I • f s· i I I r I • 11 l ( I i ~ J I I r, 111ar 9 ., I" ,1r - ,lr,,!1111: ,1 11 1r!1!t !1~ atJ•1lJf( li [ 1• 1111;111,i, 1tt~ ril!f ~t ln.1.ll1rtJ n~ I l••r1l I I rt'1 . J1-·1 "• :-~ ,r ut~l d .ff I hr !I .i I -,-1:1.h. UH 11n .. I l r 1 ir .s r 1 • . .. r-r i s. · ~ • 1 a· J a· • • ~ ~ ;:I a HI IH ~ ~ . 11' n I ,-,/ C, , .. Ill ... n ,, I /IO .... QI A .!. !• ~ I JI JI , I.., w ~ u t 1· Q I ·~ ... ... .. ~ I~ ti! 2 ... 1::: ; ~ ~ ... l/1"' -UI "' l i -:: ,1111' a ~ •11 e1,I; e. ,11i?i ~ i : •11:i E ~ .. .,, n . kl • wf r'l ~~ s:§ ...Q Wt:1 "D 1B ~ I I I s 0 ~ '[1 I . . . .. ~ I ' ~ fH"" Hr(!JU a if I .g.r.1 ~ f. ~ 6" N [Hhi: h H'1hf 'it -• ·111a~ Jft l•lfs ~I ~ I l.·9::0 llillfllt ! i ~ i • .-ts • r11 •• II • ! f~f~ll ;1,1,J}II . · r r IUHi d ·itt-!f · 1 l l··Ji' I U'f rfi r 1 r 8 f_~1 · .I J f a· r • 1·•11~ tr} I ,r J r 11i,i lir[~1 f1J r ~ !~flt i[s,1111~ : I • rt:H 01s.11r ! i i ,,r 1 . lfls: 9 • I • r,r I rl,(r~ •. ~ 1 • . !C 1 ffJ •~"'~}Jtfs 1 I ,1 J' rt~ I ! l11 I lhtr ~ ·Ji ~ :w II r • I .,,. 0 • • w 5; I .. N ' .. .. ' ... .. • 0 :z .. "' .. .. .,, ~ .. 0 ... ... .. ... .. "' .. "' I I I I ... Im 1' \ )'(;, ·~ I I . • • M~ ~ ~i I g:8 ... Loi -0 ij6J I . ~~ N , Q • "· n ~ . , r I . ~ . . \ , ~ . I . ' . • 11. I • • • • 0 I• - Leigh Ann Hoffhines ~ 11/20/H 01:35 AM To : Harold Stitt/City al Engt~QCOE, Dan BrolZman/City al Eng1-JodOCOE, Nancy Reed/City al Engt~QCOE, Nancy Fritz/City al EngtewoodQCOE cc : Subject: Fwd: Metricom -----Fon.clad i,, i..., AM HaflhinNICly III e,..._i an, 1/XIIIIIICJl :315 AM------- ~ "Jonathan L. Kramer" <krame .. bletV.com> on 11/19198 05 :56:55 PM ~::.::.=· To : natoa-membeBQnatoa .org cc : (bee: Leigh Ann Hoffhines/City al Englewood) Subject Fwd: Metricom ... Dear Ladies and Gentlemen: As you've read here on the listserve. MetricOm is scaling back its expansion efforts in some communities. As Webmater/UstmaSter, I received the following email from Norine Luker al MetJ1com late today. As she's requested. I am posting her unedited message for all . If you have comments for Metricom , she's provided c:ontad infonnation . -Jonathan Message follows : >From: Norine Luker <Norine@MetJ1com.com> >To: "'WebmalterGnatoa.org• <webmall9IOnatoa .org> >Cc: "'kramerQnatoa .org• <kramerQNIICa.org> >Subject :Metricom >Date : Thu, 19 Nov 1998 15:45:21 -OIOO >X-Mailer: Internet Mall SeNlce (5.0.1480.8) >X-Loop-Oelect 1 > >Yesterday, we started receiving concerned phone call from jullldidion1 >thal Metrtcom ha been wortung wlh, In r9lllliOn to an e-mail tll8y llad >received through NA TOA. I am • member of NA TOA, bUt I urlder'*nd thal there >was • nteent decilion to r1llll1d acce11 to Ille • NN to voling n.emt••· >However. I would llke to requat that Ille following e-ma11 i. NIii out on >the list S8fV, SO that juri9didiOIII have Ille opportunity to ll8lr dndly • ,, •· • C - • . ' >from Metricom. The text follows: > > .. • • I• • >We have heard rumors that lnfonnatlon was being circulated through NA TOA >members regarding Metrlcom which Is only partially true. Metrtc:om wanted the >opportunity to set the record straight for the members of NA TOA. The fads: > >· At this time, Metrlcom Is ICllllng bad( Its presence In Phoenix and >Boston , due to marttet co11dlti011S. >· Metricom has pu1 our effort In Denver on hold for now, prtmartly due >to an lnablllly to reach acceptable terms wlll the mator ulllly In tllal >marltet and secondartly due to the effecls of local and stale ler,illltlon on >achieving our rtght of way olljedlves. >· We have not clOled our office In Phlladelphia, though we have >consolidated our worttfon:e. >· For the near future, Metricom has deClded to focus Its energies and >AIIIOUl'CeS on tllOl8 jurtldldlOIIS which wlll enable Metricom lo meet b time >to marttet requinlmentS . >· Metrtcom continues to maintain our deployment efforts and offices In >Chicago, Dallal, Houllon, Los Angeles, New Yortt. San Diego, San FIWICllco. >Selltlle and Waslllnglon D.C. To dale, Metrlcom has completed rtght of way >agreemenlS wlltl approxlmalely 3"' of the jurtldldiOIIS in our target .... > >Metricom remalnS c:ommltted to forming long term relallo111hlps wlll >munlclpallles In the .,.. whent we have deClded to build our netwollL This >has not changed. If you have any further questionl, plNle feel free to >contact the local Metricom office you have been woctdng wlll. > > >Norine Luker >Networtt Real Esta Manager >Metrlcom, Inc. >(408) 391-1184 > 111 - • ,. . " .. • • 0 t ~n I - - • • ~ · ... • . . KISSINGER & FELLMAN, P.C. RICHARD P. l(JSSINCER ' KENNE11I S. FELLMAN Nancy Reid, Esq. City of Englewood 3400 South Elati Street Englewood, Colorado 80110-2300 AlTORNEYS AT LAW PTARMIGAN PL\CE. SUITE - Jffl CHEUV CREll -111 IIIIIVI: DENVEII. COLORADO -TELUIIONE: (JU) J».61N FAX : (JIJ)-IJ November 30, 1998 Re : Metricom Reimbwsement Dear Ms. Reid : ,~ ROKIIT L .LUIOS. P.C. Of~ Enclosedpleascfindacbeckin theamountofSl,910.00payable to the City of Englewood. This check represents the reimbursement for legal fees paid by the City in connection with Metticom. Thank you. /eaj Enclosure ~~ Elizabdh A. Jacbon for Kenncdl S. Fellman . ' • . .. • • 0 . I ~ • I !; . I ~ ,' ,./ " .,. f. " KISSINGER A FELLMAN PC 01-111 TRU9T ACCOUNT 3713 CHERRY CREEi< OAIV£ NORTH SU IOO DENVER, CO II020II (303) 320-8100 ,oonau- WHIAT MJQl,CO_.... __ ,_ • ) • ' • 5016 11non• PAY TO THE r11u of E-~ $ -1 "10 00 ORDER OF ~, ._........ I .• . One Thouund Nine Hundred Ten end 00/1 DOU.AR8 o.--w:=-- MEMO reimbu1M legll f-from Melric:Om .. ao 50 &.b.. ,: 1.0100b :lb :1,: 1-.~ I.DO &.&;.8 5 .. .....L..!! (!' ·1 • . ) 0 -C\I C"'.) ' • • ~'M . . ~), etncom Kenneth Fellman, E.c;q. Kissin~r & Feilman, P.C . Plarmigan Place, Suite 900 3773 Cherry Creek North Drive Denver, CO 80209 • 0 • I• t\ ,IV, ,,n,..~ .._...,1,,1 , , ..,.., December 16, 1998 Via Facsimile 1.1ao 1:-.~1 33rd Srrcct Si!(rtal H,/1 , CA IJOROi RF.: Metricom's Activities in the Denver Market Mr. Fellman: Thank you for taking the lime to speak with Robert Delsman and myseli about the recent decision by Metricom to refocus our ROW acquisition efforts in the Denver area. As Robert indicated, the primary reason for the change was to immediately conlrol costs and enable Metricom to continue deployment efforts n.:1tionwid.e. Unfortunately, some decisions may have been made without the benefit of a full analysis of the repercussions. When the initial decision on cut backs was made, our corporate was looking purely at the numbers. At the time of the decision Metricom had been unsuccessful at making progress with the utility in Denver, Public Services of Colorado (PSCO). Further, we had received only 4 ROW approvals out of 28 jurisdictions in Lhe market. Since this level of success was one of the lowesl in the country, the decision was made to significantly scale back our ROW efforLc; in Denver. This was an w,expected and immediate change in direction. This resulted in the incorrect communication by our staff to some of the Cities that Metricom was withdrawing from the Denver area . While we weren't sure exactly how to proceed in Denver, it was never our intention to completely withdraw from the market. F.specially given the time, money alld staff resources expended on ROW as well as the Utility activities to date. . -• Te/Co/tOflt'' MX: a61.S11S .00Jg ss,.mia. n90 .... .. •· • 0 -• • (, -rH~ NU, ~o, ~o o ,,~u At this time, we are continuing our efforts with PSCO to complete an interference tc.'lt requested by PSCO. We are confident th.at this test will be successful and that it will help us move forward with the pole attachment negotiations. Which leaves the is5ue of Metricom's approach to ROW activitics. As we discussed, the most difficult and lime<0nsuming portion of a market deployment is acquiring the necessary ROW approvals from the jurisdictions. The original plan was to keep a base ROW effort going but to scale back our efforts Lo only core jurisdictions in the Denver market. The purpose for doing this was to be able to include Denver when our deployment activities resumed. If ROW is not acquired when this happens, Metricom will be forced to forego lhe Denver market. This would represent a lose/lose situation for both Metricom ,md the Cities of the Denver area. Therefore, with your continued support, we would like to continue to negotiate agreements with any Denver jurisdiction interested in bringing the Ricochet technology to their City. If any City had concern or skepticism about Metricom actually, Melricom would propose the inclusion of a sunset clause. Specifically, that if Metricom has not deployed it system within two years of approving an agreement with us, the agreement would become null and void. I will remain the primary contact Lor Metricom and can be available to attend Council meetings as they arc scheduled. If you could please relay this in!onnation on to Lhe members of the Denver Greater Metropolitan Tclccommunic:ition Consortium (GMTq, it would be greatly .ipprcciated. If you have any questions or need further clarification on Melricom' s intentions or plan.o; for the Denver GSA, please do not hesitate to contact me. I can be reached through our nenver main line tell!phone number at 303-371-1177 or on my mobile/voice mail at 281-850-0523. Thank you for your continued support and a.~,;istancc in Denver. I look forward to working with you going forward . Cc : Respectfully, MlffRICOM, lNC. Joseph Milone, Regional Man.ftger Government Relations Mr. l.cc Oop..uc:, Sr. VP of Field Opcntiom, Metricom. Inc . Mr. Robert 0.lsman F.sq . , Mttricom Inc . r. UJ .. •· • 0 , - • ORDINANCE NO ._ SERIES OF 1998 . .. • • • BY AUTHORITY ABILLPQ& t~ COUNCIL BILL NO. 74 INTRODUCID BY COUNCIL MBNBBR ______ _ AN ORDINANCE AUTHORIZING A "RIGHT-OF-WAY USE AGREEMENT" BETWEEN METRICOM , INC. AND THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO WIRLESS DIGITAL DATA COMMUNICATIONS RADIO NETWORK INSTALLATION IN THE CITY'S RIGHT-OF-WAY . WHEREAS, Metricom is in the busineaa of comtruc:ting, maintaining and operating a wireleaa digital data communications radio network known as "Ricocbete" a ayetem which utilizes radios and related equipment certified by the Federal Communications Commission; and WHEREAS, Metricom wishes to locate, place, attach, imtall, operate and maintain Radios on facilities owned by the City, as well as facilities owned by third parties located in the public rights of way for the purposes of operating "Ricocbete"; and WHEREAS, the passage of this Ordinance authorizes and permits, at its sole cost and expense , Metricom 'a entry upon the public rights-of-way and to locate, place, attach, imtall, operate, maintain. remove, reattach, reimtall, relocate and replace Radios in or on Municipal Facilities within that right-of-way for the purposes of operating "Ricochete" and providing eervicea to persona located within or without the limits of the City; and WHEREAS, Metricom ,hall have the riJht to draw electricity for the operation of the radios from the power source IINOciated with each such attachment to municipal facilities ; and WHEREAS , Metricom ,hall obtain any required permits for attachment, inltallation, operation. maintenance, or location of the radios in the public ricbt-of-way if required under applicable City ordinancn; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD . COLORADO , AS FOLLOWS : Ses;tipn 1. The City Council of the City of Enclewood, Colorado hereby authorizel the "Right-of-Way Uae Ap,,ement" between Metricom, Inc. and the City of Englewood, a copy of which ii marked as "Exhibit A", attached hereto. $e<;tjgn 2 . The Mayor and City Clerk are hereby authorized to eip and atteet aaid "Richt-of-Way Use Acreement" for and on behalf of the City ofEnclewood. Introduced, read in full, and continued to December 21, 1998. -1- • . .. ., I· • 0 -" . '""l ' .. , 2 I -• • • '· Published as a Bill for an Ordinance on the 20th day of November, 1998. Thomas J . Burns, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing ia a true copy of a Bill for an Ordinance , introduced, read in full, and continued to December 21, 1998 on first reading on the 16th day of November, 1998. Loucriahia A. Ellis -2- .. • • 0 - • • • ENGLEWOOD ~-of-llag 11.&t Agrranmt ijJ HIS RJGHT-OF-W A Y USE AGREEMENT (this "Use Agreement") is dated as of _______ _, (the "Effective Date"), and entered into by and between the CITY OF ENGLEWOOD, a Colorado municipal corporation (the "City"), and METRICOM, INC., a Delaware corporation ("Metricom"). A. Metricom is in the business of constructing. maintaining. and operating a wireless digital data communications radio network known as Ricochet®, a network operated in accordance with regulations promulgated by the Federal Communications Commission, utilizing Radios (as defined in § 1.13 below) and related equipment certified by the Federal Conununications Commission. B. Subject to reasonable municipal regulations concerning the time, location, manner of attachment, installation, fees, and maintenance of its facilities, Metricom has the right under federal and Colorado law to install facilities in public rights of way. C. Metricom wishes to locate, place, attach, install, operate, and maintain Radios on facilities owned by the City, as well as facilities owned by third parties, located in the Public Rights of Way for purposes of operating Ricochet®. Nam. tlJrrdittr. for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: 1 DEFINmONS. The following definitions shall apply generally to the provisions of this Use Agreement: 1.1 Agency. "Agency" means any governmental or quasi-governmental agency other than the City, including the Federal Communications Commission and the PUC (as such term is defined in§ 1.11 below). 1.2 Fee. "Fee" means any assessment, charge, fee, imposition. tax, or levy of general application to Persons doing business in the City lawfully imposed by J~Jl;SlPM • • . .. •· 0 ' 2 I - • • 0 ,~ - any governmental body (but excluding any utility users' tax, franchise fees, telecommunications tax, or similar tax or fee). 1.3 Gross Revenues. "Gross Revenues" means the gross dollar amount accrued on Metricom's books for Services provided to its customers with billing addresses in the City, excluding (i) any utility users' tax, telecommunications tax, or similar tax; (ii) local, state, or federal taxes collected by Metricom that have been billed to the subscribers and separately stated on subscribers' bills; and (iii) revenue uncollectible from subscribers (i.e ., bad debts) with billing addresses in the City that was previously included in Gross Revenues. 1.4 Installation Date. "Installation Date" shall mean the date that the first Radio is installed by Metricom pursuant to this Use Agreement. 1.5 Laws. "Laws" means any and all statutes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, certificates, orders, or other requirements of the City or other governmental agency having joint or several jurisdiction over the parties to this Use Agreement, in effect either as of the Effective Date or at any time during the presence of Radios in the Public Rights of Way . 1.6 Metricom. "Metricom" means Metricom, Inc ., a corporation duly organized and existing under the laws of the State of Delaware, and its lawful successors, assigns, and transferees. 1.7 Municipal Access Program. "Municipal Access Program" means the discount program described in§ 4 .4 below. 1.8 Municipal Facilities. "Municipal Facilities" means City-owned street light poles, lighting fixtures, electroliers, or other City-owned structures located within the Public Rights of Way and may refer to such facilities in the singular or plural, as appropriate to the context in which used. 1.9 Person . "Person" means an individual, a corporation, a limited liability company, a general or limited partnership, a sole proprietorship, a joint venture, a business trust, or any other form of business entity or association. 1.10 Provision . "Provision" means any agreement, clause, condition, covenant, qualification, restriction, reservation, term, or other stipulation in this Use Agreement that defines or otherwise controls, establishes, or limits the performance required or permitted by any party to this Use Agreement. All Provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions. Rirl114w.y U• A,.....1 City af E•fl-oo' :: Mt-. IIK. ,arla{IS • 1~12:52PM ..... • . ' ., •· • 0 • • 0 • • 1.11 Public Rights of Way. "Public Rights of Way" means the space in, upon, above, along, across, and over the public streets, roads, lanes, courts, ways, alleys, boulevards, sidewalks, bridges, and places, including all public utility easements and dedicated public service easements as the same now or may hereafter exist, that are under the jurisdiction of the City .. This term shall not include state or federal rights of way or any property owned by any Person or Agency other than the City, except as provided by applicable Laws or pursuant to an agreement between the City and any such Person or Agency. 1.12 PUC. "PUC" means the Colorado Public Utilities Commission. 1.13 Radio. "Radio" means the radio equipment, whether referred to singly or collectively, to be installed and operated by Metricom hereunder. 1.14 Ricochet®. "Ricochet®" or "Ricochet® MCDN" means Ricochet® MicroCellular Digital Network, a wireless, microcellular digital radio communications network owned and operated by Metricom. 1.15 Services. "Services" means the wireless digital communications services provided through Ricochet® by Metricom. 1.16 City. "City" means the City of Englewood. 1.17 Use A~ement. "Use Agreement" means this nonexclusive Use Agreement and may also refer to the associated right to encroach upon the Public Rights of Way conferred hereunder. 2 TERM. This Use Agreement shall be effective as of the Effective Date and shall extend for a term of nine (9) years commencing on the Installation Date, unless it is earlier terminated by either party in accordance with the provisions herein The term of this Use Agreement shall be renewed automatically for three (3) successive terms of five (5) years each on the same terms and conditions as set forth herein, unless either party notifies the other of its intention not to renew not less than sixty (60) calendar days prior to commencement of the relevant renewal term. 3 ScOPE OF USE AGREEMENT. Any and all rights expressly granted to Metricom under this Use Agreement, which shall be exercised at Metricom's sole cost and expense, shall be subject to the prior and continuing right of the City under applicable Laws to use any and all parts of the Public Rights of Way and shall be further subject to all deeds, easements, dedications, conditions, franchises, covenants, restrictions, encumbrances, and claims of title of record which may affect the Public Rights of Way . Nothing in this Use Agreement shall be deemed to grant, convey, create, or vest in Metricom a real property interest in land, including any fee, leasehold interest, or easement. Any work tng/nJoodJ/09a>2Jprlt9ll'IMI/ . -• ... ., •· • 0 , • • • • "' - 0 t• - performed pursuant to the rights granted under this Use Agreement may, at the City's option, be subject to the reasonable prior review and approval of the City. 3.1 Attachment to Municipal Facilities. The City hereby authorizes and permits Metricom to enter upon the Public Rights of Way and to locate, place, attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace Radios in or on Municipal Facilities for the purposes of operating Ricochet® and providing Services to Persons located within or without the limits of the City ; provided, however, that no Metricom equipment or facilities shall be placed on any traffic control devices. In addition, subject to the provisions of § 4 below, Metricom shall have the right to draw electricity for the operation of the Radios from the power source associated with each such attachment to Municipal Facilities . 3.2 Attachment to Third-Party Property. Subject to obtaining the permission of the owner(s) of the affected property, the City hereby authorizes and permits Metricom to enter upon the Public Rights of Way and to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace such number of Radios in or on poles or other structures owned by public utility companies or other property owners located within the Public Rights of Way as may be permitted by the public utility company or property owner, as the case may be. Metricom shall furnish to the City documentation of such permission from the individual utility or property owner responsible. City agrees to cooperate with Metricom, at no cost or expense to City, in obtaining where necessary the consents of third-party owners of property located in the Public Rights of Way . By agreeing to cooperate, the City is indicating its willingness to indicate its approval of the use of the Public Rights of Way . The City is not expected to expend substantive staff time in providing this cooperation. 3.3 No Interference. Metricom in the performance and exercise of its rights and obligations under this Use Agreement shall not interfere in any manner with the existence and operation of any and all public and private rights of way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, electroliers, cable television, traffic signalization, and other existing telecommunications, utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as permitted by applicable Laws or this Use Agreement. Metricom will correct any interference problems attributed to its equipment with forty-eight (48) hours of notification by the City; provided, however, that in cases of emergency or immediate threat to public safety, as determined in the sole discretion of the City, the City may shut down any Metricom facilities and shall immediately notify Metricom of the action taken. tNp,,,oo,il/09a,2Jpfc91nMI/ Jcrz.ll9' 12:52 PM • ...... •· • C I - • • • • The City agrees to require the inclusion of substantially the same prohibition on interference as that stated above in all agreements and franchises it may enter into after the Effective Date with other telecommunications providers and carriers. 3.4 Compliance with Laws. Metricom shall comply with all applicable Laws in the exercise and performance of its rights and obligations under this Use Agreement 3.5 Obtaining Required Permits. If the attachment, installation, operation, maintenance, or location of the Radios in the Public Rights of Way shall require any permits, Metricom shall, if required under applicable City ordinances, apply for the appropriate permits and pay any standard and customary permit fees . City shall promptly respond in accordance with its standard practices to Metricom' s requests for permits and shall otherwise cooperate with Metricom in facilitating the deployment of Ric~ in the Public Rights of Way in a reasonable and timely manner. The proposed locations of Metricom's planned initial installation of Radios shall be provided to the City promptly after Metricom's review of available street light maps and prior to deployment of the Radios. Metricom agrees to meet with City annually to discuss the company's forthcoming projects and installations with the City. 3.6 Notice of Location of Radios. Upon the completion of installation, Metricom promptly shall furnish to the City suitable documentation showing the exact location of the Radios in the Public Rights of Way . .. COMPENSATION: DtscoUNTS: lJTn.rn' CHARGES. Metricom shall be solely responsible for the payment of all lawful Fees in connection with Metricom' s performance under this Use Agreement, including those set forth below. 4.1 Right«-Way Fees. As consideration for Metricom's entry upon and deployment with the Public Rights of Way, Metricom shall pay to the City, on an annual basis, an amount equal to five percent (5%) of Metricom's Gross Revenues (the "Right-of-Way Fee"), which amount will be collected &om subscribers of the Services with billing addresses in the City and remitted to Qty as provided herein. The compensation provided under this section shall be payable for the period commencing upon the date that Metricom first provides Services to commercially paying subscribers within the City using Radios installed punuant to this Use Agreement and ending on the date of termination of this Use Agreement, and shall be due on or before the 45111 day after the end of each calendar year or fraction thereof. Within forty-five (45) days after the termination of this Use Agreement. compensation shall be paid for the period elapsing since the end of the last calendar year for which compensation has been paid. Metricom shall furnish to the City .. ., • • - • • 0 , . • with each payment of compensation required by this section a statement, executed by an authorized officer of Metricom or his or her designee, showing the amount of Gross Revenues for the period covered by the payment. ff Metricom discovers that it has failed to pay the entire or correct amount of compensation due, the City shall be paid by Metricom within thirty (30) days of discovery of the error or detennination of the correct amount. Any overpayment to the City through error or otherwise shall be refunded or offset against the next payment due from Metricom. Acceptance by the City of any payment due under this section shall not be deemed to be a waiver by the City of any breach of this Use Agreement occurring prior thereto, nor shall the acceptance by the City of any such payments preclude the City from later establishing that a larger amount was actually due or from collecting any balance due to the City . 4.1.1 Reduction of Right-of-Way Fee by Amount of Utility Users or Telecommunications Tax. Notwithstanding anything to the contrary in this Use Agreement, the amount of the Right-of-Way Fee shall be reduced by the amount of any applicable local tax, fee, or charge imposed upon Metricom solely by virtue of its status as a telecommunications provider. 4.1.2 Accounting Matters. Metricom shall keep accurate books of account at its principal office in Los Gatos or such other location of its choosing for the purpose of determining the amounts due to the City under § 4.1 above. The City may inspect Metricom's books of account relative to the City at any time during regular business hours on ten (10) business days' prior written notice and may audit the books from time to time at the City's sole expense, but in each case only to the extent necessary to confirm the accuracy of payments due under § 4.1 above. The City agrees to hold in confidence any non-public information it learns from Metricom to the fullest extent permitted by Law. 4.2 Annual Fee. As compensation for the use of Municipal Facilities, Metricom shall ray to the City an annual fee (the "Annual Fee") in the amount of Sixty Dollars ($60.00) for the use of each Municipal Facility upon which a Radio has been installed pursuant to this Use Agreement. The aggregate Annual Fee with respect to each year of the term shall be an amount equal to the number of Radios installed on Municipal Facilities during the preceding twelve (12) months multiplied by the Annual Fee, prorated as appropriate, and shall be due and payable not later than forty-five (45) days after each anniversary of the Installation Date. 4.2.1 CPI Adjustment. Effective commencing on the fifth (Slh) anniversary of the Installation Date and continuing on each renewal Ript-<Jf-Way Utt A,--,,1 City of E..,i,.,o,,d :: ""--· Inc . ,.6of1S l~l2:52PM ...... ·- .. •· • 0 - - • • • 0 , . • thereafter during the term, the Annual Fee with respect to the ensuing five-year period shall be adjusted by a percentage amount equal to the percentage change in the U.S . Department of Labor, Bureau of Labor Statistics Consumer Price Index (All Items, All Consumers, 1982-1984=100) which occurred during the previous five-year period for the West Urban Region Consolidated Metropolitan Statistical Area. 4.3 Electricity Charges. Metricom shall be solely responsible for the payment of all electrical utility charges to the applicable utility company based upon the Radios' usage of electricity and applicable tariffs . 4.4 Municipal Access Program. In consideration of City's execution and delivery of this Use Agreement, City shall have the right throughout the term of this Use Agreement to purchase, when such service is commercially available in the City, up to the maximum number set forth below (based upon the City's population) of Ricochet® basic service subscriptions at the rate of fifty percent (50%) of the regular rate as current from time to time. The number of subscriptions which the City may purchase at the Municipal Access Program rate shall be determined in accordance with the City's official population, as shown on the latest available census data, as follows : (a) for municipalities with a population of less than 100,000, up to a maximum of twenty (20) discount subscriptions; (b) for municipalities with a population of 100,000 to 249,000, up to a maximum of thirty (30) discount subscriptions; (c) for municipalities with a population of 250,000 to 500,000, up to a maximum of forty (40) discount subscriptions; and (d) for municipalities with a population of over 500,000, up to a maximum of fifty (50) discount subscriptions. City understands and agrees that Metricom's modems and equipment required to utilize the discounted subscriptions and any additional service subscriptions or service options the City may desire are expressly excluded from this special Municipal Access Program rate and may be obtained from either Metricom or an authorized retailer at market rates current from time to time or under other promotional programs which may be available from time to time in addition to the Municipal Access Program rate. City shall use all subscriptions provided pursuant to this § 4.4 solel y for its own use and shall not be entitled to resell, distribute, or otherwise permit the use of the same by any other Person. 4.5 Reimbursement of City's Expenses. Metricom shall reimburse the City at City's standard rates for all reasonable expenses relating to the preparation, issuance, and implementation of this Use Agreement, up to a maximum of Two Thousand Dollars ($2,000), promptly upon receipt of bills, paid invoices, and such other documentation as Metricom shall reasonably require. The reimbursement provided for in this § 4.5 shall not replace or excuse Metricom tng~/09col3gmtd 8nu,/ 1u11,,4w.y u. ",.....,,, City of£•,,,.,_,::~ l•c. ,.,. 7of 15 1~12:52PM II ~ • . •· • 0 - • • I' - 0 I • • from the payment of any applicable City permit fee for work undertaken in connection with this Use Agreement, nor shall it be credited against any other amounts due to the City pursuant to this Use Agreement. 4.6 Most-Favored Municipality Clause. Should Metricom after the parties' execution and delivery of this Use Agreement enter into a right-of-way use agreement with another municipality or county of the same size or smaller than the City in the Denver Metropolitan Statistical Area which agreement contains financial benefits for such municipality or county which, taken as a whole and balanced with the other terms of such agreement, are in the City's opinion superior to those in this Use Agreement, Metricom shall, within sixty (60) days of the request by the City, modify this Use Agreement to incorporate the same or substantially similar superior benefits and such other terms. For the purposes of this§ 4.6, the phrase "municipality or county of the same size or smaller than the City" shall mean another local government which falls into the same tier or classification as the City at the time of comparison according to the following categories: (a) local governments with a population less than 100,000; (b) local governments with a population between 100,000 and 250,000; (c) local governments with a population between 250,000 and 500,000; and (d) local governments with a population greater than 500,000. For the purposes of this § 4.6, county population shall only consider the unincorporated portions of a given county. 5 RELOCATION OF RADIOS. Metricom understands and acknowledges that City may require Metricom to relocate one or more of its Radios, and Metricom shall at City's direction relocate such Radios at Metricom' s sole cost and expense, whenever City reasonably determines that the relocation is needed for any of the following purposes: (a) if required for the construction, completion, repair, relocation, or maintenance of a City project; (b) because the Radio is interfering with or adversely affecting proper operation of City-owned light poles, traffic signals, or other Municipal Facilities; or (c) to protect or preserve the public health or safety. In any such case, and to the extent practicable in connection with the City's plans, City shall use its best efforts to afford Metricom a reasonably equivalent alternate location. If Metricom shall fail to relocate any Radios as requested by the City within a reasonable time under the circumstances in accordance with the foregoing provision, City shall be entitled to relocate the Radios at Metricom' s sole cost and expense, without further notice to Metricom. 5.1 Relocations at Metricom's Request. In the event Metricom desires to relocate any Radios from one Municipal Facility to another, Metricom shall so advise City. City will use its best efforts to accommodate Metricom by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Use Agreement. ••1WW00l0(09co1Jptc9aru/ Ript-af-l'V-y U• A,.....t City of E11,,..._, :: Mnn<., /1,c. ,-,, I of IS 1~12:52PM ..... •• .... , 1i·-r , ' ,,.,. • I I • . •· • 0 • • • • , . • 5.2 Damage to Public Way. Whenever the installation, repair, removal or relocation of Radios is required or permitted under this Use Agreement, and such removal or relocation shall cause the public way to be damaged, Metricom, at its sole cost and expense, shall promptly repair the public way, normal wear and tear excepted. If Metricom does not repair the site as just described, then the City shall have the option, upon fifteen (15) days' prior written notice to Metricom, to perform or cause to be performed such reasonable and necessary work on behalf of Metricom and to charge Metricom for the direct costs incurred by the City at City's standard rates. Upon the receipt of a demand for payment and supporting documentation by the City, Metricom shall promptly reimburse the City for such costs. Metricom shall act diligently and without delay to repair, regardless of time of day, any safety hazard that occurs involving Metricom's equipment and plant. 6 INDEMNIFICATION AND WAIVER. Metricom agrees to indemnify, defend, protect, and hold harmless the City, its council members, board members, commissioners, officers, and employees from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgements, remedial actions of any kind, all costs and cleanup actions of any kind, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense (collectively, the "Losses") directly or proximately resulting from Metricom' s activities undertaken pursuant to this Use Agreement, except to the extent arising from or caused by the negligence or willful misconduct of the City, its council members, board members, commissioners, officers, employees, agents, or contractors. 6.1 Waiver of Claims. Metricom waives any and all claims, demands, causes of action, and rights it may assert against the City on account of any loss, damage, or injury to any Radio or any loss or degradation of the Services as a result of any event or occurrence which is beyond the reasonable control of the City . 6.2 Limitation of City's Liability. The City shall be liable only for the cost of repair to damaged Radios arising from the negligence or willful misconduct of City, its employees, agents, or contractors. 7 INSURANCE. Metricom shall obtain and maintain at all times during the term of this Use Agreement commercial general liability insurance and commercial automobile liability insurance protecting Metricom in an amount not less than One Million Dollars ($1,000,000) per occurrence (combined single limit), including bodily injury and property damage, and in an amount not less than One Million Dollars ($1,000,000) annual aggregate for each personal injury liability and products-completed operations. tnglnvoodJ/09co2J~/ ICVU,W 12:52 PM • ..... ,; •· • C • • ,, - • • Such insurance policies shall list the City, its council members, board members, commissioners, officers, and employees as additional insureds as respects any covered liability arising out of Metricom's performance of work under this Use Agreement. Coverage shall be in an occurrence form and in accordance with the limits and provisions specified herein. When an umbrella or excess coverage is in effect, coverage shall be provided in following form. Such insurance shall not be canceled or materially altered to reduce the policy limits until the City has received at least thirty (30) days' advance written notice of such cancellation or change. Metricom shall be responsible for notifying the City of such change or cancellation. 7.1 Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this Use Agreement, Metricom shall file with the City the required original certificate(s) of insurance with endorsements, which shall clearly state all of the following: (a) the policy number; name of insurance company; name and address of the agent or authorized representative; name, address, and telephone number of insured; project name and address; policy expiration date; and specific coverage amounts; (b) that the City shall receive thirty (30) days' prior notice of cancellation; and (c) that Metricom's insurance is primary as respects any other valid or collectible insurance that the City may possess, including any self-insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance . The certificate(s) of insurance with endorsements and notices shall be mailed to the City at the address specified in§ 8 below. 7.2 Worken' Compenution Insurance. Metricom shall obtain and maintain at all times during the term of this Use Agreement statutorily required workers' compensation insurance for any of its employees and shall furnish the City with a certificate showing proof of such coverage. 7 .3 Insurer Criteria. Any insurance provider of Metricom shall be admitted and authorized to do business in the State of Colorado and shall be rated at least B+:XIII in A.M. Best & Company's Insurance Guide . Insurance policies and certificates issued by non-admitted insurance companies are not acceptable. t11J"""""°/09al2Jpldlru/ ·• - Riflit-of-Way U• ,1,...,,._,1 City of E11paroo,I :: MnncaM. /11c. ,,.,.10a{IS •• 1~12:52PM ..... [,. .... · , r,t • . I· t • - • • • • ,, - 0 ,. - 7.4 Severability of Interest. Any deductibles or self-insured retentions must be stated on the certificate(s) of insurance, which shall be sent to and approved by the City. "Cross liability," "severability of interest," or "separation of insureds" clauses shall be made a part of the commercial general liability and commercial automobile liability policies . 8 NOTICES. All notices which shall or may be given pursuant to this Use Agreement shall be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service; or (c) by facsimile or email transmission, if a hard copy of the same is followed by delivery through the U. S. mail or by overnight delivery service as just described, addressed as follows : if to the City : Cm OF ENGLEWOOD Attn: City Clerk 3400 South Elati Street Englewood, CO 80110 if to Metricom: METRICOM, INC. Attn: Property Manager 980 University Avenue Los Gatos, CA 95032 8.1 Date of Notices; Changing Notice Address. Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next day in the case of facsimile, email, or overnight delivery. Either party may from time to time designate any other address for this purpose by written.notice to the other party delivered in the manner set forth above. 9 TERMINATION. This Use Agreement may be terminated by either party upon forty five (45) days' prior written notice to the other party upon a default of any covenant or term hereof by the other party, which default is not cured within forty-five (45) days of receipt of written notice of default (or, if such default is not curable within forty-five (45) days, if the defaulting party fails to commence such cure within forty-five (45) days or fails thereafter diligently to prosecute such cure to completion), provided that the grace period for any monetary default shall be ten (10) days from receipt of notice. Except as expressly provided herein, the rights granted under this Use Agreement are irrevocable during the term. Notwithstanding the provisions regarding the opportunity to cure defaults, the City may terminate this Use Agreentmt if (a) Metricom becomes 11,pt..,...~ U,r A,--nt Cily afE•,,,.,,,_ :: Mtfri.-. /11c. ,,.,. II of IS ..... 1~12:52PM I· • 0 f - • • • . , . • • insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt; (b) Metricom attempts to or does practice any fraud or deceit in its conduct or relations with the City under this Use Agreement; or (c) the City condemns substantially all of the property of Metricom within the City by lawful exercise of eminent domain. 10 AsSIGNMENT. Titis Use Agreement shall not be assigned by Metricom without the express written consent of the City, which consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, the transfer of the rights and obligations of Metricom hereunder to a parent, subsidiary, or financially viable affiliate shall not be deemed an assignment for the purposes of this Use Agreement. 10.1 Chmge in Control The provisions of this § 10 shall also apply to a change in control of Metricom involving the transfer of fifty-one percent (51 % ) or more of the voting shares of Metricom by any one person or entity or group of persons or entities under common control. It shall not be deemed reasonable for the City to withhold its consent to any such proposed transfer, provided that (i) any such transferee will have a financial strength after the proposed transfer at least equal to that of Metricom prior to the transfer, (ii) any such transferee assumes all the obligations of Metricom hereunder, and (iii) Metricom shall not be released from the obligations of this U9e Agreement by virtue of such transfer; unless the proposed transferft has a ra:ord ot performance under similar agreements which is unacceptable ID the City under a Na90llab1e standard of evaluation. Lack of prior specific · in administering a system providing the Services de9cribed in lhaD not. by ibelf, be deemed a reasonable basis for the City's consent. Metricom shall give to the City writlen . peupcwd transfer for which notice is required hereunder and the City with whatever documentation the City may e,,aluate the proposed transfer. The City agrees to 1espond · coment hereunder within one hundred twenty (120) dA aflEr NCeipt ot IUdt request. U the City wls to grant its consent within such one-ltundred~~y period, the City shall be deemed to have granted its coment ID the propoeed transfer. 11 MlscEu.ANEous PROVISIONS. The provisions which follow shall apply generally to the obligations of the parties under this Use Agreement. 11.1 Nonexclusive Ute. Metricom understands that this Use Agreement does not provide Metricom with exclusive Ule of the Public Rights of Way or any Municipal Facility and that City shall have the right to permit other providers of telecommunications services to install equipment or devices in the Public Rights of Way and on Municipal Facilities; however, City agrees promptly to notify Metricom of the receipt of a proposal for the installation of communications ~u.~ CilJ,f ~ :: ""'*'--. 1111:. ,...u.,,s J~J1:5lPM •. • • 0 • 0 • equipment or devices in the Public Rights of Way or on Municipal Facilities and to obtain written assurance from the proponent of such installation that its installation or operation will not interfere with any of Metricom's existing operations. In addition, City agrees to advise other providers of telecommunications services of the presence or planned deployment of the Radios in the Public Rights of Way and/ or on Municipal Facilities. 11.2 Amendment of Use Agreement. This Use Agreement may not be amended except pursuant to a written instrument signed by both parties. 11.3 Severability of Provisions. If any one or more of the Provisions of this Use Agreement shall be held by court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such Provision(s) shall be deemed severable from the remaining Provisions of this Use Agreement and shall not affect the legality, validity, or constitutionality of the remaining portions of this Use Agreement. Each party hereby declares that it would have entered into this Use Agreement and each Provision hereof irrespective of the fact that any one or more Provisions be declared illegal, invalid, or unconstitutional. 11.4 Contacting Metricom. Metricom shall be available to the staff employees of any City department having jurisdiction over Metricom's activities twenty-four (24) hours a day, seven (7) days a week, regarding problems or complaints resulting from the attachment, installation. operation. maintenance, or removal of the Radios. The City may contact by telephone the network control center operator at telephone number (800) 873-3468 regarding such problems or complaints. 11.5 Governing Law; Arbitration. This Use Agreement shall be governed and construed by and in accordance with the laws of the State of Colorado, without reference to its conflicts of law principles. Any claim, controversy, or dispute arising out of this Use Agreement shall be submitted to mandatory mediation in accordance with the applicable rules of the American Arbitration Association before either party shall file any lawsuit in connection with this Use Agreement. The mediation shall be conducted in the county where the City is located. There shall be no discovery other than the exchange of information which is provided to the mediator by the parties. The parties hereby waive all rights to and claims for monetary awards other than compensatory damages. 11.6 Attorneys' Fees. Should any dispute arising out of this Use Agreement lead to arbitration or litigation. the prevailing party shall be entitled to recover its costs of such action, including reasonable attorneys' fees . .. ,,.......o,o,a,2Jptdl-/ . -• l~ll:Sll'M ..... ,,_ •. •· • 0 f - • • • • • • 11.7 Exhibits. All exhibits referred to in this Use Agreement and any addenda, attachments, and schedules which may from time to time be referred to in any duly executed amendment to this Use Agreement are by such reference incorporated in this Use Agreement and shall be deemed a part of this Use Agreement. 11.8 Successors and Assigns. This Use Agreement is binding upon the successors and assigns of the parties hereto . 11.9 Advice of Displacement. To the extent the City has actual knowledge thereof, the City will attempt promptly to inform Metricom of the displacement or removal of any pole on which any Radio is located. 11.10 Consent Criteria. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Use Agreement, such party shall not unreasonably delay, condition, or withhold its approval or consent. 11.11 Waiver of Breach. The waiver by either party of any breach or violation of any Provision of this Use Agreement shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other Provision of this Use Agreement. 11.12 Representations and Warranties. Each of the parties to this Agreement represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform the parties' respective obligations hereunder and that such obligations shall be binding upon such party without the requirement of the approval or consent of any other person or entity in connection herewith, except as provided in § 3.2 above. In addition, City specifically represents and covenants that City owns all Municipal Facilities for the use of which it is collecting from Metricom the Annual Fee pursuant to§ 4.1 above. 11.13 Entire Agreement. This Use Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Use Agreement which are not fully expressed herein. 11.ipi..,,.w., u. Apnw,11 City of£.,,,_.;; Mmima. lllC. ,-,, 14ofl5 • l~IUZPM ..... • D •· • 0 , -• ,,. • • <. Jn mitm.lB mlJumf. and in order to bind themselves legally to the terms and conditions of this Use Agreement, the duly authorized representatives of the parties have executed this Use Agreement as of the Effective Date. City: CITY OF ENGLEWOOD, a Colorado municipal corporation By: lhornasJ.Burns,~yor Attest: loucrishia A. Ellis, City Oerk Metricom: METRICOM, INC., a Delaware corporation •r--~~- Its: ~ CGIJIII I YPMmiM-... ... • • , X • Date December 21 , 1998 Initiated By • 0 • COUNCIL COMMUNICATION Agenda Item 11 a ii Staff Source Su1Jtect lntergovemmental Agreement with Sheridan for Oxford Bridge Improvements City Manager Gary Sears, City Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council Goal: Council encourages and has placed an emphasis on working cooperatively with surrounding communities. Previous Action: There has been no previous Council action on this item . RECOMMENDED ACTION Staff seeks Council support for a bill for an ordinance approving an lntergovemmental Agreement with the City of Sheridan for improvements to the Oxford Avenue Bridge . The agreement calls for the City of Englewood to provide a contribution toward renovation of the bridge. These contributions would come in the form of in-kind services such as landscaping, rotomilling, and water line improvements. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Sheridan approached the City of Englewood and industrial businesses along Oxford asking for contributions toward the renovation of the Oxford Avenue bridge in order to obtain State funding. The City of Sheridan needs to raise twenty percent of the costs of improvements, and the Colorado Department of Transportation will provide the remainder. The City of Englewood is being asked to provide services not to exceed $50,000 from the General Fund . Contributions from the Utility Fund will be as appropriate for the value of the enhancements received. If the agrHment is approved , Englewood's contributions will come in the form of in-kind services, including landscaping, relocation and oversizing of one water line, construction of a new water line, and rotomilling . A water line needs to be relocated regardless of this agreement due to the expansion of the Oxford Bridge , but oversizing will be at the expense of Englewood's water utility. Benefits to Englewood include aesthetic enhancements to the GoH Course entrance and improved water supply and distribution facilities . FINANCIAL IMPACT The financial impact associated with this agreement is limited to staff time, supplies, and equipment and will be absorbed by funds already approved for contingency projects in the 1999 Budget. UST OF ATTACHMENTS Proposed bill for an ordinance ..... - •· • , - • • ORDINANCE NO ._ SERIES OF 1998 • 0 • BY AUTHORITY ABILLFO& AN ORDINANCE AUTHORIZING AN INTERGOVERNMEN1'AL AGREEMENT BE'IWEEN 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 ia 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 88 an in-kind contribution of traffic control services; and WHEREAS , the City of Eqlewood agrees to appropriate for and provide an in-kind contribution of $50,000 for the Oxford Street Bridp Replacement Project, said in-kind contribution conaiating of landacape aervices, necetllllU'Y water line relocation and rotomilling eervices ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjpp 1. The Intercovernmental Asreement between the City of Sheridan, Colorado and the City of Eqlewood, Colorado pertaining to fund.ill& of the Oxford Street Bridge Replacement Project, attached 88 "Exhibit A", ia hereby accepted and approved by the Englewood City Council. Sectjpp 2. The Mayor ia authorized to execute and the City Clerk to attest and eeal the Agreement for and on behalf of the City of Englewood, Colorado . Introduced, read in full , and puaed on fint reading on the 2l8t day of December, 1998 . -1- • ' - •. .. •· • 0 . [':~1· . - • • • • Publiahed as a Bill for an ()rdinance on the 25th day of December, 1998. Thomae J. Burns, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I, Low::riabia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that t.he above and forelOinl iB a true copy of a Bill for an ()rdinaDCI!, introduced, read in full. and pueed on first readinc on the Zlet day of I)ece111ber , 1998. I,oucriabia A. Ellia -2- . ; .. • • 0 '32xl - • • • INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement (the • Agrcemmtj is entered into this __ day of 199__. between tbe CITY OF SHERIDAN, COLORADO, a Cokndo statutory city, and the CITY OF ENGLEWOOD, COLORADO, a Colorado home rule municipality. WHEREAS, the City of Sheridan bu oblamed a gram of $2,299,040 &om tbe Special Highway Cornrnittee of the State of Colorado (the ·ormt") in order to fund the Oxford Street Bridte Replacement Project; WHEREAS, the Grant is coadmoaed upoo tbe minimum matcbing COlllribution either in tbe aaaue of ·in-kind• comnlJUtioas or cash contnbutions in the amount of twenty percent (20,5) of the grant amount. or a minimmn marclriug coatn"bution of approximately four hundred fifty-Dine tbousaDd. eigbl huudn:d dolJm ($459,800.00); WHEREAS, the City of Englewood bu ddenniued it will obtain a subShlutial benefit from the improvemems contemplated by the Oxford Street Bridge Replacement Project; WHEREAS, auabority for this Agreement is provided in C.R.S. § 29-1-203; and WHEREAS, the City of Sheridan and tbe City of Ellglewood seek to mcmoriatin: tbe nature of the City of f.nalewood's in-kind c:omributioa allowing the City of Sheridan to obtain the necessary matching funds. NOW, TIIEREFORE, in consideralion of their mutual rights and obligations as set forth below, lbe City of Sheridan and the City of Englewood apee as follows: 1. C'.ggtrihutjom of Jbc Cjty qf Shgjdpp A4 Jbc City of Englewpqd. Tbc City of Sheridan and the City of Englewood agn,e ID lbe followiDg c:omributioas u let faith in men detail bereinbelow: a . The City gf Sbra;jdpp: ID addition ID obcainina the Gnal in the amrmt of $2.299,040 as aet fCllth herein, tbe City lball appropriate for and provide a minimum coa1n'bulion of seventy-eight rholaaad doDaD (S78,000.oo) u an in-kind contribution of traffic comol aemces. b . The City of fnsJS!'9Qd,: 1be City of EqJewood a.pa to appn,plialle for and provide an in-land CODID"bution of fifty tho.and clollus ($50,000.00) to the City of Sheridan for the Odcrd Street Bridp Replacemcat Project, Aid in-kind coaa,'butiml comildD& of Jen 1 ape services, aecrmry water line relocation, ud ro«omiJliq lel'ViceL ,, I! X ,., I • I T A •· • 0 - - • • • . . 2. Other Qzgtributicms. In addition to the coatn"butions refemiced in Paragraph 1 of dlis ~ tbe Panies acbowledge that nume:roua other pu1ies are contributing cash and iD-kiad c:m1111Jatioas to tbe Onord Street Bridge Rcplac:emenr Project as mme puticullrty -forth in die Oxford Stmet Bridge Rcp1accment Project Ccmtributica A&reemeat. aaacbed hereto as Emibit l, and the COlllribudon descn'bed herein is expesly c:cndngeat on tbe Oty of Sheridan oblaiDiDg tbe 1lOCal necesmy malehing funds to receive tbe GnnL 3. HinP•nmYI Proyisicg. L C!etiom. Tbe captions of the utic:Ie:s and sections of this A......- are fur caaveaience ODly and sball not be deaned ID be releYaat in resolving any queslian of i:ueeap.etation or comlZUCtion of any section of tbis Apwll. b. f Ptirr Ammmr This imlrumem COIISlilula the mtiR apeemat between tbe Pries relalive to this man.er, and tbe prcmaiam al this Agreement may be altemd. aneoded. waived or zevoked only by m instrument in writing siped by all Paniell baelo. c. Sevc;gbility. If any tam or provision al dais Apemamt shall to any amnt be cwrmdned by a COUit al ,. •• , • jmafietian ID be invalid or uamfcm:eable, die mn•inde: of dais ~ all not be effected thereby, md each 11ml and Jll'0'1liMlll of dlia Ap I m • all be valid ead cabceeble to die fallmt a1ml pmno,d by law. ID cw tbe acepcion applies, die Apemeut sbell be ..0 ad ¥aid after such dmsmi,....•m c1. Gmmins 1.aw. Thia ~ lbell be peanec1 ead ccmtrued in accclldence wilb die laws of die Stelle al Cakndo. IN wrrNESS WHEREOF, the parties to dlil AGREEMENT bave -lbeir baads and Nell die day ead year fint wrideD above. CITY OF SBDIDAN, COLORADO By: James Epn. Mayor ATl'EST: -2- .. • • 0 , ? I - (. ATl'EST: _____ _,. City an • -3- • • • CITY 01' ENGLEWOOD, COLOliDO . ' - ... • • 0 '~2 I - 3231 South Zuni Sheridan. CO 80 II 0-I 96S 303/762-2200 FAX 303/762-2238 Tt>D 303/762-9634 • • • oma OF THE CITY ADMINJSTaAroa • RECEIVE .D DEC 161998 Gary Sears, City Manager City of Englewood CITY MANAGERS OFF iCE ENGLEWOOD . COLORADO 3400 S. Elati Street Englewood, Colorado December 16, 1998 Re: Od'ord Aveaae Briqe Repiaceaeat Project -Coatribatioa A&reemeat Dear Mr. Sears: As a fullow up to my request from the City of Englewood fur consideration to panicipate (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 15, 1998, the City of Sheridan City Council will bold a special meeting to consider awarding a contract fur the design and construction of this project. We have been quite succe.ful in attaining contributions from the W. Oxi>rd Avenue businesses that will benefit from this project as well as Arapahoe County. Tbcsc initial contnbutions arc as fullows : Camas Colorado, Inc. $135,225.00 (in-kind -aspbaJt/lay down) f J Kent Corporation Sll ,500.00 (cash) ICJoopcni,erg Investment Company $30,000.00 (cash) Oxford Recycling , Inc . $69,210.00 (in-kind. 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 (grant) $78,000.00 ( in-kind 9Cl'Vic:es) Arapahoe Coumy SI00,000.00 (cash) . E X H I B I T l .. • • 0 , '1.? I - • Page 2of2 Dcccmbcr 15, 1998 .. • • I• • Ouord Aveaae Bridie Replacemeat Project In addition, the City of Sheridan bas received a preliminary participation commitment fiom Urban Drainage and Flood Control District and we arc commuing to pursue additional participation fiom other property owners along this corridor. The intent is to be able to expand the scope of this project by attaining a continuous fi>ur-lane roadway fiom Santa Fe Boulevard to Federal Boulevard, increuc the amount of landscapc/lighling improvements and thoroughly address traffic control/safety issues tbrougboUI this corridor. 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 of this document. Now that wc have all the other commitments consummated I am requesting that the City of Englewood consider CDlCring into an intcrgovcmmcntal agreement with the City of Sheridan fi>r their contribution. Thank you again fi>r participating in this project. I believe wc arc all part of an exciting and innovative approach to ilcililating a much-needed public infrastructure project. Please ~l free to contact me with any further questions you mist. have regarding this project. Sincerely, (_~ Randy Young City Administrator Enclosures ... .. • • - • • 0 ,~ • W. OXFORD A VENUE BRIDGE REPLACEMENT PROJECT CONTRIBUTION AGREEMENT This W. Oxford Avenue Bridge Replacement Project Contnbutioo Agreement (the • Agreement") is entered into the day of 1998, by and between the CilY OF SHERIDAN, COLORADO (the •ci~); and CAMAS COLORADO, INC., a Colorado corporation; OXFORD RECYCLING, INC., a Colorado corporation; F J. KENT CORP., a Colorado corporation; SOUTHWEST CONCRElE PUMPING, KLOPPENBERG INVESTMENT COMPANY; and WESlERN METALS RECYCLING, LLC, a Colorado corporation (collectively, the "Cootnl>utors"), in order to memorialize the contnl>utioos of the Contn"butors to the matching funds occdcd by the City to obtain ccr1ain grant monies to fund the W. Oxford Avenue Bridge Replacement Project. RECITALS WHEREAS , the City has obtained a grant of$2,299,040.00 from the Special Highway Conunittcc of the State of Colorado (the "Grant") in order to fund the W. Oxford A venue Bridge Replacement Project; WHEREAS , the Grant is conditioned upon the minimum matching CODIJ"ibutioo either in the nature of"in kind" contributions or cash cootributions in the amount of twenty pcrccnl (200.4) of the grant amount. or a minimum matching contribution of approximately four hundred and fifty-eight thousand dollars ($458,000.00); WHEREAS , the Contributors will obtain a substantial benefit &om the improvements contemplated by the W. Oxford Avenue Bridge Replaccmcnt Project; and WHEREAS , the City and the Cootn"butors seek to memorialize the nature of the contributions allowing the City to obtain the occcssary matching funds. NOW, lHEREFORE, in coosidcratim oftbc bcgoing recitals and mutual covcnams and promises set forth below, and other good and valuable coosidcratioo, the receipt and sufficiency of which is hereby acknowledged, the City and the Contributors enter into the following Agreement: l . Contnbutjons of the Cjly and the Contnl,ytors. The City and the Contributors agree to the following contnl>utions as set forth in more detail herein below: • •· • 0 'a2 x l - • • • I• . • ' I . The City: In addition to obtaining the grant in the amount ofS2.299,040.00 as set forth herein, the City shall provide a mininnun contn"bution of seventy-eight thousand dollars ($78,000.00) as an in-kind contnbution of traffic control services. 2. Canw Colorado, Inc.: Camas Colorado , Inc. shall provide a contnbution of one hundred and thirty-eight thousand, two hundred and fifty-iM dollars (Sl38.2SS.00) as an in-kind comn"bution of bot bituminous aspbah and lay down. 3. Oxford Recyclip&,, Inc.: Oxford Recycling, Inc. shall provide a comnbution of sixty-nine thousand, two hundred and ten dollars ($69.210.00) as an in-kim contn"bution of ABC Cl (6) ($20,856.00), Emhank:meot Material ($25 ,620.00), and Str. Bkfl. Cl ($23,004.00). 4. F J Kent Corp.: FJ Kent Corp. shall provide a cash contn"bution of eleven- thousand five-hundred dollars (SI 1,500). 5. Southwest Concrete Pwnpjng: Southwest Concrete Pumping shall provide a cash contn"bution oftwmty-three thousand dollars ($23,000.00), as well as an in-kind contn"bution for the value of the use ofpropeny as a staging area. 6. Kloppenbenz Investment Corrpgy: Kloppenbcrg Investment Company shall provide a cash contn"bution of thirty thousand dollars ($30,000 .00), as well as an in-kind contnbution for the value of the use ofpropeny as a staging area.. 7. Western Metals Recvdjng, LLC: Western Metals Recycling, LLC shall provide a cash and in-kind contnbution of thirty-five thousand dollars ($35,000.00). 2. Othq Coptributjom. In addition to the conlributions 1efeaenced in Paragraph I of this Agrecmeot, the parties acknowledge the existence of the i>llowq additional contributions to the W. Oxford Avenue Bridge Replacement Project : I . Arapahoe County: A cash contribution of one hundred thousand dollars ($100 ,000 .00), as more particularly set forth in the lntergovemmental Apeement between the City and Arapahoe County, attached hereto as E~laibit A, and incorporated herein by this reference. 2. City of Enalewood: An in-kind contribution of fifty thousand dollars ($50 ,000.00), as more particularly set forth in the lntergovemmental Apemmt between the City and the City of Englewood, attached hereto as Euibit B, and incorporated herein by this rei:rcnce. ,. - • . ' .. • • • 0 - • • • •, - 3. Remedies . 1. City's Remedies: The Contributors acknowledge that the contnoutions memorialized herein constitute matching funds which are express conditions of the City obtaining the Grant. The matching funds are unique and irreplaceable based on their stated purpose herein, and damages would be a wholly inadequate remedy fur the City. Thus. upon a breach of any condition of this Agreement, 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 othcrwile Ull8ble to perform this Agreemem. the Contributors' shall not be emided to enforce this Agreement through an action fur specific performance, and the Contnbutors' sole and exclusive remedy shall be the rescission of this Agreement . 4. MisceQaneous Provisions. 1. Captjons. The captions of the articles and sections of this Agreement are fur convenience only and shall not be deemed to be relevant in resolving any question of interpretation or construction of any section ofthis Agreement. 2. Entire Agrccm:nt. This instrument constitutes the entire agreement between the Parties relative to this matter, and the provisions of this Agreement may be altered, amended, waived or revoked only by an instrument in writing signed by all Parties hereto . 3. Sevcrability. If any term or provision of this Agreement shall to any extent, be determined by a court of competent juri!diction to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term and provision of this Agreement shall be valid and enfurceable to the fullest extent permitted by law . In case the exception applies, the Agreement shall be null and void after such determination. 4 . Governing Law . This Agreement shall be governed and construed in accordance with the laws of the State of Colorado . IN WITNESS WHEREOF, the parties to this AGREEMENT have set their bands and seals the day and year first written above . ATIEST: Patricia Ann Mack, City Clerk CITY OF SHERIDAN, COLORADO By : James Egan, Mayor -3- .. • • 0 1 a2xl - - • STATE oFO+/Me Jc COUNTY OF /l., 114iH-: • ) ' ) ss. ) • ,- • , . • F.J. KENT CORP., A COLORADO CORPORATION The foregoing instrument was subscribed. sworn to and acknowlcdJed before me this _ day of Ac • IQ , 1998, by~ F, J/J , as A,t9<'der off.J. Kent Corp., a Colorado corporation. '?" ~ ~. l(...}- My commission expires: Q.Lf DAAµou (SE AL) Notary Public SOUTHWEST CONCRETE PUMPING STATE OF C'o)oru,,!:O ) 11-. ,...._ ' ) ss. COUNTY OF~\,,!(.. ) The foregoing instrument was ~ swom to and IQJIOWledged before me this~ day of Ocite'?Y: , 1998, by j&LQ1,o\\ , u ::fui! d&at: of Southwest Concrete Pumping. My commission expires: -S- ..... • . .. •· • 0 , - - • • • • I' - 0 l • • CAMAS COLORADO, INC., A COLORADO CORPORATION ) ss . COUNTY OF&<~<-) The foregoing instrument was subscnbed. ~m to and acknowledged before me this J2. day of 'qc:vre, hJ..A , 1998 , by ~!'"c b a ~ro, as y.£ l (-;l' n ~..,,. of Camas Colorado , Inc ., a Colorado corporation. ~ 1,-L t~(L.. . ~ ll1Cormiission Expires Oll,'24/2001 STATEO~•"o ) coUNTY OF a"',,, c:<- ) ss. ) OXFORD RECYCLING, INC., A COLORADO CORPORATION By: 44, fti= Name : ---=-~•:;.:llw'=-__,_,:..:.." -=W::....,.<------ Title : e,..u,ou r The foregoing instrument was subscribed. sworn to and acknowledged before me this _ day of ~-10 , 1998, ~E-K,,,± ,as :Pae,: d• f ofOxford~ling. Inc., a Colorado corporation. My commission expires: (SE AL) Notary Public • 11/IGIH OXFOM) CON'IVI AGUEJIENT ..... ,, • . .. •· • 0 - • • 0 !• • STATEOF ~ COUNTY OF 'IA ce/« ; ) ) ss . ) KLOPPENBERG INVESTMENT COMPANY The foregoing instrument was subscnl>cd, sworn to and acknowledged before me this £" day of iaccsztth. , 1998, by vfi~.145" , as le<'!·• ofKloppenberg Investment Company . My conunission expires: (SE AL) Notary Pu WEES ~E METALS RECYCLING, LLC By :---~ -. . Name: G. Scott Gibble Title: General Manager STATE OF Colorado ) ) ss. COUNTY OF Arapahoe ) The foregoing instrument was subscnl>cd, sworn to and acknowledged before me this ~ day of brcunW , 1998, by l>HM B::e•M , as QEFUH'IM"'HC of Western Metals Recycling, LLC , a Colorado corporation. ~/99 Notary Public 11/10191 OX,OID CONTWa AGltUIIEIIT ..... •. • • • 0 - • • II' -• 0 I• • • FROM :l'IRl'IPAHQE COUMTY 303 7'34 4657 1998,12-15 15 :01 11992 F .02/04 , .. INTER.GOVERNMENTAL AGR.EEMENT This lntergovemmental Agreement (the • Agrermentj is entered into this I~ day ot')+ccm,kc , 199.)L between the crrY OF SHERIDAN, COLORADO, a Colorado stabltory city (the •City"). and the BOARD OF COUNTY COMMISSIONERS OP THE COUNTY OP ARAPAHOE (the •eouaty"). WHEREAS. the City has obtained a grant of $2,299,040 from the Special Highway Committee of the State of Colorado (the •Grant") in order to fund the Oxford Street Bridp Replacement Project; WHEREAS, tbe Grmt is conctirinard upon the minimum matching c:onan1Jutioo either in tbe nature of •m kind" coatributioos or cuh COllllibudaas in the amount of twmty percent (20~) of die p-ant UDOIIDl, or a minimum matching coa1n"bution of appromnaidy four hundred fifty-nine thousand, eight hundml dolws ($459,800.00); WHEREAS, the County has determined it will obtain a substantial benefit from the improvements contemplated by the Oxford Street Bridge Replacement Project; WHBREAS, the benefit to the County of the Oxford Street Bridge Replacement Project is based on a number of factors, including, but not limitrd to, the fact Oxford Street (a) is designated as a coumy primary highway, (b) provides a link between tbe City and unmcorporated areas of the County, (c) pnmdes access _to County bmri.,....,., (cl) provides a link between various municipalities within Arapahoe County; and (e) will provide acc:e.,s to the future light rail facility serving the County. WHEREAS, authority for this Apeement is provided in C.R.S. § 29-1-203; WHEREAS, tbe coam'bution of tbe Coamy desaibed berein for tbe pmpoee of COlllributiaa funm IO the Od'clrd Sired Bridge Replac:anml Project is within the lqislalive and budgecing IUlbority of tbe " CCJmlly WHEREAS, the City and the Coua1y seek to memorialize the nature of the County's comribution allowin1 the Oty to obtain tbe uec:euary matching funds . NOW, TIIEREFORE. iD c:awldcratioo of their mutual rights and obligations as set forth below, tbe City and the County ape u follows: 1. Cqptributiom of the Qty yd tbp Cgggty. The City wi the County qree IO the following ccmtributions u set forth in more detail hereinbelow: ,. -•. ,, ..... •· • 0 '32xl - • • • L The City: In addition to obtaining the Grant in the amount of $2.29 million u set forth herein, the City shall provide a minimum conttibutian of sevemy~ght thousand dollaJS ($78,000.00) as an in-kind concn'bution of lraffic conaol services. b. Do Coypty: The County a,rees to appropriate for and provide a cash conttibutian of one hmldred dlousand dollan ($100,000.00) to the City for the Oxford 5ueec Bridae Replacemmt Project, baed OD the imponaDcc of Oxford Slreet to the Coaaty u mare particularly set forth ill tbe recitlla baeto. Payment to the City llla1l be received wilbin duny (30) days of demand by the City followina receipt of all olber COlllribuliaas, but DO later dm December 1, 1999. 2. Othg Copttibulions, In addition to the contributions referenced in Parapaph I of this Apeemem, the· Parties acknowledp that numerous other parties are contributiq cash and in-kind coattibutions to tbe Ouord Street Bridge Replacement Project, and the contnbutian descn"bed herein is apnmly contingent on the City obtaining the total ncccasary matching funds to receive the Orant. 3. Appropriation. Pursuant to Section 29-1-113, C.R.S., the finaDdal obliplicms of the County in tbis Agreement which are payable after the currc:nt fiscal year ue c:oodngent upon funds for that purpose being appropriated, budgeted and otherwise made available. 4. MilceUtPG9V1 Prpymcg, L Cgdons. 'J'he capdons of lbe articles and sections of tbil Apeemeat are for cmvmimce only and sball not be damed IO be 1*Ylllt ill raolvillg my queslion of intaprmtion or COllllnlCtioll of my ledian of dus ApNlllllll. b. faSim Ap mms Thil inllriWilt <Ullticuecs die eadre ..-i between die Parda mladve to this maaier, ad the pl'OYisioas of Ibis AaremlKlll mar ba alllnd, emended, waived ar revobd only by aa c. imtnlment in writiq llipal by all Parties llaeto. ·. Seyqabiljgy . If any fmll or provilioD of dlil A,rmneat sball ID any emot, be detaminecf by a court of c:ompdml jarildicdOD to be invalid or unmfarceable, lbe rwnainda: of dlil Apeemem lbaD not be affected thereby, md each 11ml and provision of dais A,reemcm mall be valid &ad cnfolceablc tc the fullelt CX1cDl penni11ed by law. ID cue the exception appliel. die Apeement lball be 111111 and wid after IUCb detamiDat1on. ·2- • ,,· • • • 0 I -• • • ~. 1998,12-15 15•1112 11992 P.e,,1/04 d. OsmniPS yw. 'Ibia Apemeal lbail be aowmecf mil e.-aued in. M:CClldwe wida die 1awa of tbe State ~ Calondo. 1N wrrNESS WBERJ!OP, tbe paitim ID tbla AOREBMENT Jave• dielr handl ad ... tbe ..,. -yea fiat wliam above. By: ATl'EST: By: _,_ CITY OF SIIEIUDAN, COLOllADO James l!pn, Mayor BOAJlD OF COONTY COMMISSIONDS or TD COUNTY or AliPABOE ~~~ • • .. • • 0 f 7 I - • • • • COUNCIL COMMUNICATION Dale Agenda Item Subfect Approval of Smart Card December 21, 1998 11 Ci Contract lnltlatad By I .... Source Library Department Hank Long, Director COUNCIL GOAL AND PREVIOUS cow«:IL AC'110N This issue has been discussed at a number of Library Board meetings, and at a City Council study session on October 19, 1998. No formal Council action has been taken previously. RECOMMENDED ACT10N The Library Department recommends City Council approva acceptance of a contract with Amazing Smart Card Technologies for the development and instal tion of a smart-card Internet access control system for the Englewood Public Library. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDIN11FIED The Library has had Internet terminals available for the public for two years. While the Internet provides a world of useful facts and data, it also contains a small segment of sexually-explicit photographs that many people find objectionable for a public venue. Parents, In particular, are concerned about their children being inadvertently exposed to such materials. The Library has tried to find an equilibrium between protec:ting childran and providing legitimate, constltutlonallected information for adults. The Library feels that the system provided under this contract strikes an appropriate balance in this area by providing individual users with a "wnart cant' that allows them access either to the entire Internet or elN to a smaller, family-friendly 11l1ction of specific web sites. With this system, parents would have the ability to chooN which level of access is appropriate for their children. In addition, this system provldel the Ubrary with a meclWlilm for eliminating the majority of those areas (e.g. web based chat rooms, e-mail, newsgroups, and IUUdy-eJCpllcit web sites) which are not reaHy appropriate for the library environment. The contract is In the amount of $108,050. UST OF ATIACHIIENTS Contract • • 0 I - • • 0 ,. - CONTRACT FOR SMART CARD INTERNET ACCESS CONTROL SYSTEM FOR THE ENGLEWOOD PUBLIC LIBRARY This Agreement, hereinafter called CONTRACT, made and entered into this 21 • day of December, 1998, by and between the City of Englewood, a municipal corporation, hereinafter referred to as CITY, and Amazing Smart Card Technologies, hereinafter referred to as VENDOR. WITNESSETH: WHEREAS City and Vendor desire to enter into a Contract for the installation of a Smart Card Internet Access Control System for the Englewood Public Library; NOW, THEREFORE, for and in consideration of the mutual covenants listed herein , the parties hereto agree as follows : I. STATEMENT OF INTENT A. The purpose of this Contract is to provide a Smart Card lntemet Access Control System for the Englewood Public Library located at 3400 South Elati Street, Englewood, CO 80110. II. DELIVERY AND INSTALLATION OF SYSTEM A. Full and complete System as described in Appendix 1 shall be delivered to the City by the Vendor within ninety (90) days of acceptance and signing of this Contract by both parties. 1. On site installation of the System in the Library shall be accomplished by Vendor or Vendor representatives within three (3) working days of complete System delivery. (a) Installation of the System shaU occur within normal City business hours unless otherwise approved by City. Ill. COST AND PAYMENT OF SYSTEM A . The System provided to City by Vendor shall be at the cost $108,050. B . Payment schedule shall be determined u follows: 1. Forty-five percent (45%) of cost or $48,622.50 shall be paid to Vendor by City upon acceptance and signing of this Contract by both parties. 2 . Forty-live percent (45%) of cost or $48,622.50 shaU be paid to Vendor by City upon completion of delivery of System. 3. Remaining balance or $10,805 shall be paid to Vendor by City after successful completion of Thirty (30) Day Acceptance Period by City. IV . DESCRIPTION OF SYSTEM A. The System shall consist of the following c:ompo11enla, al of which shall be provided by Vendor and/or by the Vendor, sub-c:ontrac:lo or,...,,.......,._ -1 - •• ' •· • 0 , - • • 0 • 1. Hardware a. All hardware components shall be new and previously unused, and shall be in fully functioning condition. b. Hardware components shall consist of the following: ( 1 ) Smart card issuing station (a) One (1) programming station (b) One (1) color camera (c) One (1) color printer (2) Thirteen (13) smart card readers (a) Card readers shall include any and all necessary and related PC software and drivers. (b) Additional card readers shall be made available to the City by the Vendor at mutually agreed upon cost. (3) All hardware components shall include any and all necessary cables and/or connectors. 2 . Software • System software components shaH consist of the following: a. One (1) site license for use of OnePlace LLC "GuardiaNet" multilevel filtering System in the Library b. "GuardiaNet" filtering System shall consist of filter software as is commercially available to all customers of GuardiaNet software. Currently the following filtering Systems are available to GuardiaNet customers: (1) Access to and licenSad use of on-line version of "Internet Kids and Family Yellow Pages• or IKFYP (a) Access and use shall be construed to include use of the URL's and site descriptions included in both the 2nd and 3rd editions of the prinlad version of IKFYP. (b) Access and use shall be construed to include use of newly added URL's and descriptions as provided by IKFYP prior to publication of next printed edition. (c) Coat of providing upgrade to use of URL's contained in the future printed versions of lKFYP lhd be provided 10 City by Vendor and may be provided to City upon Contrllc1 and payment for Mid upgradN. (d) Access to URL's and litel included in the on-line V9f9ion of IKFYP shaH be conatructed 10 that ...,. cannot UM or gain admittance to Olher, non-authorized or non-lKFYP locallonl from INN ume lilN. (2) Access to and licenlad UN of "SmattFllllf" flllering program . . 2. . (·,, · '' . • .... .. •· • 0 '32 x l • • • • • (3) Access to and licensed use of "Safe Surf" filtering program. (4) Access to and licensed use of "RSACi" filtering program. (5) Access to and licensed use of any additional filtering program which "GuardiaNet" makes available to any other public library as part of its standard commercial package or which "GuardiaNet" adds to its standard commercial package in order to improve its functionality. Such use may be at a cost not to exceed the standard upgrade cost provided with the GuardiaNet software. c. "Guan:tiaNet" System shall warrant the following functionality: (1) Immediate and automatic reset to City-designated "home page• upon removal of individual smart card from smart card reader shall be -rranted by Vendor. (2) Ability for qualified City staff to limit Internet access by individual patrons to a maximum daily access time (e.g. two hours within a 24 hour period or as determined by City) shall be-rranted by Vendor. (a) Ability for qualified City staff to easily and quickly revise/change maximum daily access time shall be warranted by Vendor. (b) The maximum daily access time frame shall automaticaly reset at midnight in order that patrons have the same amount of access time each day. (3) Ability for qualified City staff to immediately review and to block (i.e. filter) or unblock (i.e . unfilter) individual URL's and Web sites shall be warranted by Vendor. (a) The City shall block or unblock a URL based upon a policy to be created by the City which shall be established upon a theory of parental consent. ( 4) Ability for qualified City staff to immediately block and/or cancel internet access rights for individual smart cards due to lou, theft, misuse, ellC. (a) In order to prevent having to unneceuarily illaue additional cards, it shall be possible for City staff to quickly and easily unblock or ructivaa "loaf' cards if these cards are subsequently iound" by original patron . 3. Peripherals and Other Supplies a . All other portions of System shall consist of the following : (1) Thirty thousand (30,000) 256 Byte, PIN protected memor, smart cards . (a) Additional smart cards ahall be made available to City by Vendor at mutuaNy agreed upon cost at the standard lead time of eight (8) weeks b . One (1) copy of any and all related manuals, publications, and/or inatructiona on the uu of System componenll. B . All Systems compooanta provided by Vendor and/or by Vendor raprNantatiYa or aub-contractor shall be warranted by Vendor u succaufuly teated and dasignatad u Year 2000 (Y2K) c~iant. • 3 • • ...... ., I· • 0 • • 0 I• • 1. The contractor (i.e . Vendor) warrants that the software, firmware, or supplies delivered under this contract to be used before, during and after the tum of the century (January 1,2000) are "Year 2000 compliant". Year 2000 compliant means fault free performance in the processing of date and date-related data (including, but not limited to calculating, comparing and sequencing) by all software products, firmware, and supplies, individually and in combination as a System, when used in accordance with the product documentation provided by the Vendor. Fault-free performance means: a . No invalid or incorrect results or abnormal termination prior to, during and after January 1, 2000 as a result of date or date-related data or data processing that represents or references different centuries or more than one century; and b . Proper calculation and handling of leap years; and c . Except for normal user interfaces (e.g . four digit date entry) identified in the contractor's or vendor's documentation, such date data processing shall be transparent to the user. 2 . In the event this warranty is breached, the Vendor will make all code revisions or repairs/replacement (in the case of firmwara or supplies), as well as revisions to associated drawings and documentation, at no cost to the City in order to ensure that the software, firmware or supplies are Year 2000 compliant so long as notice of such defect is provided no later than 90 days after discovery. This -rranty shall survive acceptance of the work and is not subject to any disclaimer or limitation of -rranty or other limitation of the contractor's liability which may be specified in this contract, or any exhibits, appendices, or any other document attached or incorporated in this contract by reference . The obligation to revise, repair, or replace stated herein, shall be the exclusive ramedy for a brlNICh of this Year 2000 -rranty. V. FUNCTIONS OF SYSTEM A . The fully integrated System as provided and inlltalled by Vendor lhall auccessfully produce and perform the following functions: 1 . Allow qualified City staff to quickly issue smart c:ardl to individual Lbary patrons on the spot by entering patron's information into the card issuing station and printing onto the smart card. a . Smart cards shall contain a color photograph of individual patrons. b . A database of City-issued smart cards shall be contained in Vendor supplied System. ( 1) The patron databue shall allow City staff to quickly and easily accesa and/or revise individual patron information. c . Smart cards shall provide and/or limit individual patron access to the lntemet to those particular levels of Internet access (e.g. young child, teen, adult) u may be determined by City by using the GuardiaNet filtering COfflPOI ients which may be modified by the City by adding or deleting URLs and in accordance with the aforementiol led City parental consent policy . 2 . Allow qualified City staff to quickly updata patron inlormation contained in the database. 3 . Allow qualified City staff to quickly block UN of individual patron smart card 1CCNa to the lntemet according to usage paramars delermilled by City . • 4 • • ' •· • • • • • 0 I • • 4 . Allow qualified City staff to quickly swap smart card readers between individual Library computers as may be necessary upon replacement, repair, and/or upgrade of individual computers with the Library. • 5 . Provide filtering to block patron access to URL's and Web sites (existing and as well as newly created) which contain : a. Pornographic URLs and Web sites containing obscene or pornographic photographs. (1) Recognizing that no currently-available filtering software is perfect, it is the City's expectation to block a minimum of 95% or greater of pomographic or URLs and Web sites . (a) The System shall allow the City to access or deny any URL or web site. (2) It is the City's expectation that URL's and Web sites containing sexually-explicit, educational information related to health issues (e.g. AIDS, STDs, contraception, pragnancy, etc.) or political/social issues (e.g. Gay and Lesbian information) shall not be blocked by System. (a) If the System inadvertently blocks web sites, the System shall allow the City to unblock web sites. b . Web based Chat rooms. c. Web based E-mail. d . Web based Newsgroups. VI. TRAINING IN USE OF SYSTEM COMPONENTS A . Training of City staff in use of fully-integrated System and of individual System corr11011ents shall be by Vendor or Vendor representatives . 1. Training of City staff by the Vendor repreeerrtative shall occur Oller a period of two (2) normal working days and shall begin within three (3) days following succeuful installation of System in Library. 2 . Training of City staff by the Vendor repreeerrtative shall not commence until such time that Vendor has designated System to be fully functioning and capable of meeting the requirements and conditions set forth in this Contract and the City hu made a second payment to the Vendor per section 111 .B.2. 3 . Training of City staff by Vendor representatives, including any and d required travel , lodg ing, meals, transportation , and/or related expenses, shall be included in the $108,050 purchase price of the System. VII . ACCEPTANCE OF SYSTEM A . For purpose of acceptance, the System shall perform the functionl dNcribed in Ndiona IV and V of this Agreement . -5- ... ,,: •· • 0 • • • • 0 , . • 1. The System shall perform satisfactorily for a period of thirty (30) days without failure under normal operation and intended use. a. System failure shall be defined as either "catastrophic" or "minor". (1) Catastrophic failure shall be defined as "the System is unable to perform the functions as described in sections IV and V of this Agreement.• (a) In such case, Vendor shall have a grace period of four (4) hours within Library operating hours to resolve the problem and to return the System to normal operation. The City has the right and ability to extend this grace period as it sees fit. (b) If the System is restored within this grace period, the acceptance period shall continue. (c) If System is unable to be restored within this grace period, acceptance shall stop and shall begin anew following restoration of System by Vendor. (2) Minor failure shall be defined as "failure of replaceable or re-installable component or software": (a) In such case, qualified City staff, in cooperation with Vendor, shall restore the System functionality within two (2) hours of receipt of replacement parts. (3) In case of catastrophic failure, City shall provide Vendor with three (3) thirty-day periods or a total of one-hundred-eighty (180) days to resolve problems and restore System functions as defined in sections IV and V of this Agreement. 2 . Upon successful installation of the System by Vendor, Vendor shall provide written declaration to City that System is ready for evaluation. 3. Upon receipt of Vendor's written declaration that the installation is complete, the City shall commence a Thirty (30) Day Acceptance Period of the System to ensure that it fully and completely meets the conditions and requirements set forth in this Agreement . 4. If the System is unable to fully and completely meet the conditions and requirements sat forth in this Agreement and such acceptance shall not be unreasonably withheld, the Thirty Day Acceptance Period shall cease and shall not recomme11ce until such time that Vendor again provides written declaration System's functionality. This process will continue until the System meets the conditions of this Agreement . a . In case the System cannot be repaired, the Vendor shall, within thirty (30) days, refund to the City any payments already made to the City by Vendor with the exception of a reasonable amount to be deducted for travel and expense incurred by the Vendor during the acceptance period. 5 . Immediately upon completion of successful testing of the System by the City and the Acceptance Period, City shall notify Vendor in writing the City's acceptance of the System acceptance and shall remit the remaining balance to the Vendor. 6 . Vendor shall not be liable or ,-ponaible nor be in default of this AgrNment for any local, regional, or global probleml with the convnunicationa network, nor Force Majeure, nor by damage caused by negligent UH by City staff or other System users. -6- "' - .. •· • 0 ' • • 0 • VIII .MAINTENANCE, SUPPORT, AND REPAIR/REPLACEMENT OF SYSTEM AND SYSTEM COMPONENTS 1. All System components, with the exception of consumable parts (e .g. print heads, dysublimation ribbons) as provided by Vendor or Vendor representative and/or sub-contractor shall be maintained by Vendor against defects in workmanship or functionality for a period of twelve (12) months from the date of successful installation of the System by the Vendor. a. The first twelve (12) months maintenance of the System shall begin immediately after acceptance of the System by City. b. Any components or parts of components that fail within this twelve (12) month maintenance period shall be replaced or repaired by Vendor at no cost to City unless those components or parts have failed due to actions of the City staff or by other System users . (1) During this twelve (12) month maintenance period, hardware components, included any and all pieces of components necessary to ensure full functioning component, shall be maintained in stock by Vendor or Vendor representative/sub-contractor, and replacement of defective components and/or defective pieces of components shall be within two (2) working days following notification by City. (2) Any and all travel expenses by Vendor or Vendor representative , related to repair or replacement of individual System components within this first twelve month maintenance period, shall be included in the $108,050 purchue price of System unless those components or parts have failed due to actions of the City staff or other System users. c. Vendor shall provide to City and shall maintain a single "trouble desk" contact point for report of System defects or problems . (1) Vendor irouble desk" contact point shall be responsible for coordination of repair and/or replacement of any and all System components provided by Vendor and Vendor representative and/or sub-contractor. (a) Vendor agrees to establish a single contact point between the City and all System manufacturers, suppliers , and sub-contractors. (2) The Vendor irouble desk" contact point shall be available for the reporting of System problems or defects during nonnal Library service hours (Monday-Thursday 10:00 a.m.- 9:00 p .m. MST, Friday-Saturday 10:00 a.m .-9:00 p.m. MST, and Sunday 1:00-5:00 p.m. MST). (3) City shall designate two (2) employees (one in the Library and one in Information Services Division) who will be authorized to contact the Vendor irouble desk." (a) These designated City staff ahall coordinate their calls and inquiries ao that Vendor does not receive conflicting information or instnJctions from City. 2 . Vendor ahaU provide City with COiia for continued annual maintenance of System . a . Cost of annual maintenance Contract lhall include: (1 ) Current replacement COiia for repair/replacement of individual System components . . 7 . • ....... - •· • , - • • • , . • • (2) Any and all travel expenses by Vendor or Vendor representative, related to repair or replacement of individual System components. b. Both parties shall reserve the right to renegotiate this annual maintenance Contract at the end of each calendar year. IX . TERMINATION OF CONTRACT AND REMEDY FOR BREACH A. This Contract may, at any time, be terminated by either party upon thirty (30) days written notice to the other without cause, not however within the first ninety (90) days after this Agreement commences . B. The parties may terminate the Contract by giving thirty (30) days written notice of a violation of this Contract. citing specific examples therein, ii the violation is not remedied within thirty (30) days. C . The exclusive nimedy of City for any breach of the warranties of Vendor provided in sections IV.A.2(c) shall be the right to rllCeive a refund as provided in section VII.A.4.b.(1 ). In no -,t shall Vendor be liable to City for a monetary amount gl"Nler than the purchase price set forth in section Ill.A. Furthennore. in no evw,t shal either party be liable to the Olher party for any loss or injuries to earnings. profils, or goodwill, or for any incidenlal special, punitive, or conaequential damages of any person or entity whether arising in contract. tort, or otherwise, even ii Vendor has been advised of the possibility of such damages. The llmitatio111 set forth in this section shall apply even ii any other remedy fails of its esaential purpose. X. ENTIRE CONTRACT A. This Contract, together with any exhibits attached hereto: 1 . Contains the entire Contract between the parties; and 2 . Shall be governed by the laws of the State of Colorado. B. The Vendor shall have no right or power to assign or transfer this Contract. except by prior written permission of the City of Eiiglewood and such wriltan pennission shal nol be urnuonably withheld. XI. SEVERABIUTY A. H any clause or provision of this Contract is illegal, invalid or 111 • lloroNble under pr9Nr1t or future laws elfective during the term of this Contract. then and in that evw,t, it is the intention of the parties hereto thal the remainder of this Contract shal nol be affec:tad ttier.by. B . It is also the intention of the parties to this Contract thal in lieu of each clause or provision of this Contract that is illegal, invalid or unenforceable, there be added as a part of this Contract a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enfol'C8llbla. XII. BINDING EFFECT A. All terms, co11dltion1 and covenants to be obNrved and performed by the parties hereto shall be applicable to and binding upon their rNpeCtlve heirs, administlalota , ewutors, aucx:aacn and assigns. . 8. ..... • • , - • • • t• . • ' <. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of this day and year first above written . CITY OF ENGLEWOOD, COLORADO "City" By, __________ _ TomasJ.Buma,Mayor Lou EHis, City Clerk .,. AMAZING SMART CARD TECHNOLOGIES "Vendor" By, ___________ _ Don Witmer, Pr9sident "~ • • 0 t 32xl • -• • • .. APPENDIX 1 .. • • 0 • f 32xl • • 0 • ..... e ........ o -JO j_..J.~'--,....,,,a .,_,,,~ .... ~,,''-"' ./l~~tt! , RS232 -smartcard terminals I CHIPDRIVE micro Th,s m,n ,a t,_,, ,e r-r r.a l ,s fu ll ccr-:)Atlble with me CHIPORIVE ·a,,-,1, .lo ll ::,rotoco ls ue suc,portecl ano 1tie n oc;r Jua , , .. ~or.tacttrg -ectiarutm protects yov ~ma r·:ar~s The small .Jut1tne m ilkH m,s :er-,nal a per19Ct buil d ,n comooren: ·er other sys :ems. Various mounting ilc::essor es sucn as rrouthpieces and mounting bracKe ts i re avallaOle -1-tnrN color ,na,cator 1.gr,1 .:iln :e JPtlOnillly ~onnec:!9d. 1 ~ as t:ec:ome ,:;n n,e ergonom ,cally caro ,nsertaa,,gle ot 45 ' and !l'te heavy arCI stable steel ba tlle total mass ,, more !f1an 600 grams) sign, Cilr>tly improve me tianot,nc; con11er,,ence A tn r t -:otor 1,g,,1 a,splays status ,n1ormi1t 1cn I I I Amazing Smart Card Technologleal, Inc . I 11 11 WyaHO,tWe • ,_.Clara.CA ..... • , .. -···-• i,u ... P•I 171• \\U \\ ..,,,uanvcon.l-,)is COffl I .... ..... • . . r,,~ • I ,I .. •· • 0 ' - . , ..... c: ..... -.... u -_,,_ Appndls 1.2.11 12/14198 Perlpllcrals • • t• • <. ,....,,,a -,,j'=' .__., ... ,1,.;,.J • Card lssuiq Station ..._ T _ ..... .__.T I ----,, -.._ ""'P The library 's anl ,uuiq s&aUOn is an im.,inc sysaem cleslpcd IO produce ilandanl idencifica1io aids dial have die ability ro provide pnarive idenlificalion bodl vtlllally (..-·, pict.ule) aid elel:Uoai&,-ally. TIie . ''Chip" anlledlkd on the c:anl stores Ille elctronic ICCCSS IDUn fur a user ID die "*'1ls. The~ ... pmlK1ed 1h a ....-i puawonl . The syllCIII mes memory smart cards in c:omplia.-wilh lhe ISO 7116 ~ (ICC appalllia .2.11 sa:hon ~man cards). The .:ard ,lllui .. -.ion encodes die elecuonic iafonaatinn of die 11ser in lhc IC "Clup" cad! cad ID conapond wadi tllc "visual" ,~ prinnd on the card . The cud iu111nc sw,on is an intqrlled sys&cm that corapnscs of: Di1i1.1I / Video ~a 1111d acceuuria (lens, aipod eu:.) COlllpllible PC sys&cm. iacludin1 soflw-. dri~ etc. Dye S11b1i111a1i011 cud prinw and aicoder for IC "Chip" anls. F11nc1ionaliry: The cud ltaui111 lilation will WOlt as follows : The dalabla of the._., i....,._ion ii accal8d in "fields" as spsifaed by die libnry ID be cardl. l'unllernne, lhe lyslllll -..... clalll fields and IAOCias dime fields_. die iD prinlld and enaxled ... die cad. whic:11 ii parformed llllllllllically by die software and lllnlwse. A pictu,e of the amr ii tallcD by die-and dlis ,-. is auociad wilh die dala-bale and ia bei• saved in lhc -·1 c1a111 field. .. ._ pnipaa dis -.111 be prillllld OIi die c:ald. TIie ....---real"•., .... ii .__ID die ct,e mttinllMPI prilller ad ........ IO die library's apsiflCalioft. Since the daubac of uan --. dlC inlatc: die dtw ... allo,a,s die libnry III rwprodur;c IO loa Of clmaa,c •·idull lWkilla dlC picaft. __ .. _ " • • 0 , - ,. ----·--·-"---···::, --··-·-·- 4pl'ftllil• I 12/141Q8 1.0 SySICm Ovcrv,cw I.I Price li•1 1.2 Technical overview nwn components l.2.1. MallliHel ftltnl .. Syn-: c-rdleMt Sfandard filllrin& IOliw-ID include : -lie: lftC( to -.. _. when card -inscrted aulOmllic: daily Mu Time scnm, ·--Kilb cl Family Yellow .-,es bue filtcrina l.l.11. Peripherals S...., canli (2568)1C, PIN prola:llld memory) (pnce h IIIIQ)-,f ~) PC IOftw-. dnvas lnregrllled .._. uni iQU1n1 MMion : cadprinlcr -IOllw- • • I • • • l • • • Appendix 1.0 System overview l.l~1 ( . • Reader ('O 12/SII • • Q • JI S•an Guardian™ Smart Card Based Conditional Web Access System -conditiaial - access . -Yes/Noli~ Cant Issu1111 station -user data bme ~ Q :_. CiuuniA ......... 1~:J r·· •• • lllter "proOHng ~ PIN number I --------I • ••• • •••1 Library .. Smart Card ~· (;arcl progranunin -card printing -photo ID " Administration l ,,( J • I I I 0 • ... ~ - • • • • '· I •• n .... 111 A ppelldb I.I 12/14198 Pric~ llsl Sman Card Web Access System I. Multllenl l'llterilla Systea: CuaNlaNt Mululcvcl fil1CTin1 Sysiem, Guanliancl Sman c;ird mulu w.a 1ntcpa11Dt1 : -uni readers, .... -..... filler daUlbue aUIOlnali,; ract when QRl --. IUIOfflMIC daily MuTiine-.. lnccmec K,dl & F-11y Yellow IMF' buc filterina II. Perl,-nls Smart canb (2568)1C. PIN plOleCled immory,SI .50per card (price for 10 000 card""'-) Smart card reader l 13 ......,, S 120. per unit model : dup drive calem lnecgraled sman .:anl 1ssuin1 stauon cwpriiur programm1n1 ~141,c,n c:amr.a M>liwarc Ill. Tralalaa, l•tallatioa SyllCIIIS illlqrUIOII Half day 1ywems ,,_.,icw (--.cal) one day, twn ICISIOII IUIOrial •idl .._. ,,. lystNI 111110ducuon Tolal preJect la,.._.1a,tea: IV . Suner1 Sys1cms ,uppon Enables one a.••sncd pcnon per sllift ID coniac1 ledl ~ li11e . Ea eludes Ira vcl and spare parts 11/tff fina year •. S60tJ.. .. S/2, ss. '"'· ... $4,300 r year •· • 0 I • • • • • I ........ TM Smart Card Web Access System AppeHlk 1.2.I 12/14/98 Multllenl nlterla1 S:,11em: Gunliaaet GIWR!iaNel GuardiaNet. offaed by OnePlace, LLC. is an Internet filiaing service lhal offer,; protection us1n1 pa1en1Cd securny 1£1:hnology and a unique ... ,. for lhe library admi communily -and family-value sysaem used 10 ralrict aa:ess to unwanled ini GuardiaN~t provides Community Channels (such.,, 1hc Internet Kids and Family Ye lo-n.av11a1c method for dukwn 10 search and explore 1nfor1M11011 on rhc: lnlCmel educatK>n.d and i_,ng. GuardiaNet Prolec.1s Children When No Supervision Is Available GwudiaNct p,ovide,o fillll1ha. librancs and schools wirh t..ile-'-proce.."tion from i on thc lnrcrnet. 'The library adm,ni51ra!On Kt lbe standards fDI inlcmcl access aa:onli policies. The library adlllinislr<>n decide what is ~. and GuardiaNct cania with no wurry. no haulc. and no downloading . E.uy ID U1e and Easy 10 Maintain After an ea,.y 11111ailauon process. the library adm1nillrator doeut'I have ro hassle rnai111.11n1ng the toliwarc. Aaordins to die lillrary's polic:y the ~ COlllrol list individual 1l5Cf and can be dlanpd 1-,. Whencve a user wanu ID acccu lbe I inaat h1' •• her pcnmlll -.1 •IIIO die smart cad rmder at cadl PC . Near a NqUaled Ill prove the ownaship uf lhe .:aid. a-diaNet 10i11 then apply Ille li5t . T1IC wnart .:ard ha, tu be inrcned d..-inc Ille etMNc scuion. wtiene,,u die cad .. ctM.en !IC..., U\oa w,11 be activ-i 1rnmedialcly. Guan:liaNel Is Always on Uumd URL addles updales n t.-ly. comprellens,ve. and 1mmetliMely avaiWlle. --hrnwcr-hued 1'1111 -die lilnry adm1n111rator no lonpr ha 11, ckJwnload ID thcor PC . Updaln ;on: handled ..iomat,ally by the -and -irnmediaaely avai uacn. T1IC di-ConlCnl UMK.-.1 wub the l,11e,11d i, ..tway, ll"'•ina. TIie Fleasbdny tu Chonlc. The library .adm,_ can selocl dd&mll lc,,els uf aa:css. and aa:a1 .:an be ..a"'9illuailiillll level nf Nld,v<dlal UltLs for eK:11 _._ Once a-diaNet is 1-ii.d. die -ta .-i canl allll-his ora. p11&..-.d. T1IC GuanlaNel ~ •-.II tdemafy ._ &1111 apply die p,edtteia:iaed-a-.ol list. TIie.., ca.._ ....... .,'*- Prute.."tKlfl Thal U<JeS Where You Go Accns 1nfo111'11111on n. placed on lhe pcnorllll!Ud smart card 1111111 a11 -ryprad token .:cntl,11 loO V<I . Thu,, the MIC raln<-1'°"" dcfinaj by die library admuriaaaion ale lhe library TIie Mo..t Suph,sucaled Security Gutordialllet uses die -technology used by pcrnrnenl and fin.-:w IIIIIIIIIIJOIIII .s.&.. Th•• wpustiutad toadulolosY helps GuardtaNc:t t-r ..,.._1 •fflllffllllioll pn conuula can't be dlanpd w,tlloul die proper aulhorizarioft. and makes ii easier fur the to nwnta,n ,11e ~ while 11111 dim1nislliq die cducational value of Net wrfina • ..... .. •· • 0 '32xl - • • • • Sman Card Web Access Sysccm Compo11e.1S or GuantlaNet LlcaR I . Gu.ardiaNe1 dient software lha1 runs on yow-siie compu11en1 . When Giwdi.&Net clienl softwan: 15 11111&llcd oa 1hc library 's compuier. it craie,. a ··v1 · I privaie llClWClrt" conna:oon ~ lhc compw:r aad lhc GuardiaNel Web Ser-vu. This a>11111CCIJI• is mcoded .., all ,ommun1ca111,ns a,c u,pt secure . In addi11on.. the Guaidi.aNct cli.:nt soltwarc ensure5 h;i1 another IIRmCI connccuon ,;,innot be es&ablished ,o Iha& your fi111c11111 •Yllleffl unnnc be bypused. 2 . ~ software consiaina or the Web Server. the Defty Server and the Uscr l'lofile Mana The GuardiaNet Web Ser... pn,vidcs die library w11h I mcdlod 10 cuaomizc and mudi level. For example. you can 11111 die Web Server to IClup and nwmain differenr li51s of for diffCfflll affilille poups. The u-l'n>lilc ~ -lllllilllllinl and --profiles durias the upcral w;erpmfilcc'tlll5111Sofa-·s-code.1Mfid, adminislrllion paawonl. die name web addmis.:s used IO~ die -·s 1--acc:ca and any _,ZIiiion done usina smartcard . which is pn-=ied by • .-,-1 puswonl idenliraa each -to lhe Qllllral Throueh rhc User Profile Manapr the library ad111111111ra1or can limit lhc ma&lfflum 1 daily on lhc inrema. The Go.iardiaNc:I Deny S..... is die halt of lbc CluaRliaNcl •J*m. wi.as--Ille address by chdtina on a hypertink, Ille GumdiaNd clicm softwuc submits lhc ~-The Deny Server~-bodl --profile f,om die u-Pruf'ale ....... web ~ U11111 dlese. die Deny Server dclemuna whether acau 11 allowed or Deny Scn,er also ma1n1ains a repon of die lllff acri•iry. ol GuantiaNcf. A . me Iii! of blodr.cd Web Set,,cr. The a -can spend The Web Saver. Deny 5er'YO 111d u-Profile Ma-., all cOellill on a -ilh die fnllnwinc spec;ra, ..... Window• NT 4.0 lnael P2 JOO MHz 2'6G8RAM 4GbDia Elhcrncl ,:.11d IQ' 100 MicrOM>ft lnlenlel lnformauoa $cr¥cr Micrusofr SQL Server widl 1-1* acccu IICCl'lsc . SnwtGatc is rhc premier encrypcioll 1y-dtal is IINd by compan,a aucll as Mclloll •ICflC•CS r.uch u Ille NSA IO ---to dle,r CllfflPl*r s~. 'Ille BSD Uni& and Hcwtca Pdant ...,.__ .. - -·--r11111 on •. • I • • 0 '32xl -• • • <. I 11 a I 111.-111 Snw1 Card Web Access Syslem Hardware & Software Requirements for PC Winduws9S IBM-0,mpaoblc Intel 386 Enhanc.:d or belier bndom Ac.-.. Memory (RAM 1MB . or higher) Required Hard Disk Space : 4MB for W,ndnw,; 9S C.-uon Rcqllimnentli: Scandard AnaJos ~ Lane w/Hayes compatible modem operalin, at 9600 or luper tY Connection lo the 1-- llllallel Brow-(Qualified for Windows 9SJ Nc11ape Vo:rsions 3.0 and H,per or Window• E>.pknr Version 3.0 and Hip .,._..._ ............... • I .. • • 0 , I - APPffidix 1.2.11 12/14/911 Periphnal1 -Smart Cards • • ·, • ~. I 11 • 111111111 Sman Card Web Access System • J .. • • 0 r "l.? I - • • • • • •':J --·· -• 1615WYATTD1t.SANTAC1ARA,CAt!ll5UISA TEL: I 4'15160JII PRODUCT DATA SHEET 256 te SECURE DOCUMENT SMART C PRODUCT Pf.SCBIWQN The ACD033 Smalt Card is a 256 ll I bit EEPllOM widl propmunai,le write / cra,c pnllaClian far eadl al die f ... 32 byla 111d 24 bit PIN . This card is iclal&ly 111111d far _.-..-nr ...aaiicllls IIIC:II a lDcank, Hlallll Cads md Accas Carda . Folowilla propallUII, Nda llldw flnt 32 byla cal be convened to ROM by .... a ..-=e-llit. Once-. die prUleClian bit can -be tnad. TIie mdre _,, M'8)' can always be rad. n:AJVBA • 8yl8-wile addlasiaa of infmmalion • lffftWlil>lc 32 Byll-Wrile pl'IINCliall • 24 bi1 wrile enable PIN wilh IDct oat C:0..- • ISO 7116 Compliant: A-1aa-; c-. -lplalioll; s~--iuioll; • 2.5 -par ""9, wrill ar -liae • Eayl0-9~lillrlly • ESDpNIIClicia>4KV • 10,000 EllASE / WlllTE cyda • Clparllilia -.....--25-C 10 45-C OBPIIJNG JNfOIMA'DON • l1IC -XXX ill .. P'NMt..__. ...... cad ...... ad linilll ..... i.e.; -OOM .... 8lak While M.-C.. (BWC) 41L ..._ 4 color, I color pnllllll a.-illad ~ • Mas Slrips, Sipalln Pwl. _. .-...., P"+ iaa CJ11Cions .. available. • Far dltailed Product 111d 0paoa S,.Cfflraeiee CGlllal:t .,_ saln ..,,_....;w or Alllmlll CGl!lnlll!, lac. n.-----·--··-·-... ,,, ........................................ ... . __ __, ............. _. .. "---c:-111.1ac._,... _____ ,,, .............. ......,..,,,,.....,... ..... _ ... .._ _ _,. _., ............. .., ............... ... • Cl C2 C3 cs C6 C7 Vee RST a.JC N Vc,c RST CLK Va NIC IJO D033-XXX Vu NIC l/0 ON PIIMrSupply ... Clock o.a..11 Noc-- Dllala/0. lllelnbyla. .. .......... ,,. ... _, ....... ._•••••I ifflofa .......... _ .11,r , • ..._ .. o.. ...... .. •· • 0 f X - - • Appeadi• 1.2.11 12/14/98 Peripheral• -Smart Card Reader ~I J~=I ·, • • • .. • • __ .. __ 0 - • • Appenllh 1.2.11 12/14198 P1trlplleral1 -Card Issuing Station . ' (. • • C• • ... The library's card iUU1ftl ll&llon is an ima1in1 system desaped ro produce standard identificati abiliey lo pnwide ~uve ideabfocation bod! v,511ally ,.,_., J)ICllft) ud eloctnmically. The on lhe cad -. die elecuunic KCIIU IOken for a user ID the IIIICfflC!. The cudai -proec:1ed pass-..d . ' ,. cards Iha! ha11c lhe . "Otip .. embedded ha personal The 1)'11effl 111C1 -...,ry .-n Qlda m a,mpliancc wilh lhe ISO 7116 slalldard (see appendia .2.11 section 5fflaf1 cads). The card •UUllll -ion malClcl the clccuonic infonnataon of die IIIICI' in the IC "Chip" each card IO cunapond W1IIII die . .,,_.... aafarnlllion prillled on rhe cad . The card-· --IS a ...,..a sysaem !hat compri-of: l>taatal / Vida> cuma Uld 11:c:esaonc:s, (laia, sapod CW:.) COlllplllblc PC 1~. isludin1 softwae. driven CIC. Dye Subl•IIIIIMlll c:ard pri-and encoder for IC ''Chip"" c:anls. The Q,d llltliftf --will wort • follows : TlledMINIC of die,,.,.,...,..__ is_...,. ''fidda". speafandby lllc lillnry ., .. cank. FunllernKn . the.,__.._ clMa fields --~ ._ fackl& widl die in priNal and CftCOded 1111 lhe cad. which ia perfofflled ~y by die dw-and llardwae A picnft of the UICf i1 lalla by die-. and dais 1maac is -;.d with Ille deg.bale and is beifta uvcd ,n die IIICl''s dala field. die software pnpara die irMF robe prilllcd on die canl. The appropriaw .. Text" and "lfflaee" is than sent to the dye sublimation pri1*W and pioduces an ro the library's specilicatal. Since Ille daiabalc of -now COlllains rhc imaec-. die aoftware allow5 the libnry ID reproduce ro !OSI or damap with&Nlt nuk, .. rhe pictlft . ..................... Ii - . ' • ' .. • • 0 I -• • • (, .. COUNCIL COMMUNICATION Date Agenda Item Subieet Supplemental Appropriation for December 21, 1998 11 C ii year-end 1998 to comply with City Charter requirements. Initiated By I Staff Source Department of Financial Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council approved the 1998 Budget and Appropriation on final reading October 20, 1997. RECOMMENDED ACTION Staff recommends the City Council approve the attached resolution for supplemental appropriations for the year ending 1998. These additional funds are required because all expenditures and expenses are often not known until all invoices and purchase orders are processed at or after year-end. The sources and uses of funds are: GENERAL FUND: INRI 9' Fynda; Unreserveo'Undesignated Fund Balance "" pf Fynda; City Attorney's Office (Legal services related to Cinderella City redevelopment and EURA lawsuit) Transfers out to Capital Projects Fund Total Uses of Funds CAPITAL PROJECTS FUND Source of Funds : Transfers in from General Fund Use of Funds: Library Smart Card Internet Access Control System SEWER FUND Source of Funds: Retained Earnings use of Funds : Construction budgeted in 1997 completed in 1998 $249,000 $140,000 $109,000 $249,000 $109,000 $109,000 $650,000 $650,000 • • • • 0 - CENTRAL SERVICES FUND Source of Funds: Interdepartmental Billings use of Funds: Print Shop Operations (. CAPITAL EQUIPMENT REPLACEMENT FUND Source of Funds: Retained Earnings use of Funds: Vehicles appropriated in 1997 received in 1998 • • • " $25,000 $25,000 $60,000 $60,000 The City of Englewood is required by City Charter to ensure that expenditures do not exceed legally adopted appropriations. The attached resolution appropriates funds to ensure that the City of Englewood complies with legal restrictions governing local budgeting. FINANCIAL •PACT • These supplemental appropriations will reduce the General Fund unreserved fund balance by $249,000. The General Fund more than covered this increase in spending by collecting more In sales and use taxes than was budgeted. The Sewer Fund's retained earnings are reduced $650,000 by this action. The Central Services print shop operations are being increased by $25,000, but billings to other department8 cover this expense. The Capital Equipment Replacement Fund retained ea"*9 are reduced by $60,000. LIST OF ATTACHIIENTS Proposed resolution .. • • 0 t ~ I - , ,i - • •, RBSOLUTION NO. A S&IUES OF 1911 • 0 • A RESOLUTION FOR A SUPPLEMENTAL APPROPRIATION FOR THE 1998 BUDGET OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , the Englewood City Council of the City of Englewood , Colorado, approved the 1998 Budget and Appropriation on final reading on October 20 , 1997; and WHEREAS , the City Council desires to make certain additions to the 1998 Annual Budget which were not included in the original 1998 Budget 88 adopted on October 20, 1997 ; and WHEREAS , supplemental appropriations for the year ending 1998 are required because all expenditures and expenses are often not known until all invoice, and purchaae ordere are proce1111ed at year-end ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: $ect,ion 1. The City of Englewood 1998 Budget is hereby amended 88 follows : GENERAL FUND: Source of Funde : Unreserved/Undesignated Fund Balance UN of Funde · City Attorney's Office : Legal services related to Cinderella City redevelopment and EURA laweuit Transfers out to Capital Projecte Fund Total Uses of Funds CAPITAL PROJECTS FUND Source of Fnude · Transfers in from General Fund Jlae of F11od1 · Library Smart Card Internet Acee• Control System SEWER FUND Source pf Fnnde · Retained Earninp U11 of Fnnde · Construction budpted in 1997 completed in 1998 $249,000 $140,000 1109 000 $249,000 $109,000 $109,000 $6&0 ,000 $6&0.000 .. •· • 0 , 2 - - • • " . • ' .. CENTRAL SERVICES FUND Sgurge o( Fuode · Interdepartmental Billinp $ 25,000 JIM of Fnode · Print Shop Operations $ 25,000 CAPITAL EQUIPMENT REPLACEMENT FUND 5ewPD o( Fuwte · Retained Earnings $ 60,000 IJN g( Fuwte: Vehiclel appropriated in 1997 received in 1998 $ 60,000 Sectioo 2. The City Manapr and the Director of Financial Services are hereby authorized to make the above c:hanpa to the 1998 Budpt of the City of Englewood. ADOPTED AND APPROVED this Zlet day of December, 1998. Tbomu J. Burm, Mayor ATTEST: Loucriahia A. Ellie, City Clerk I, Loucriahia A. Ellie, City Clerk f'or the City of Eq)ewood, Colorado, hereby certify the above is a true copy of Resolution No.~ Seriea of 1998. Loucriahia A. Ellie ,,, ~ . ' ' • .. • • Date December 15, 1998 Initiated By • 0 I • - COUNCIL COMMUNICATION Agenda Item 11 C iii Subject Collective Bargaining Agreement Between the City and the EFFA for 1999 and 2000 Staff Source Department of Administrative Services Sue Eaton, Director of Administrative Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The previous Collective Bargaining Agreement with the Englewood Fire Fighters Association was approved by Council for 1998 . RECOMMENDED ACTION Staff requests Council approval of the Collective Bargaining Agreement between the Englewood Fire Fighters Association and the City of Englewood for the years 1999 and 2000. The contract covers approximately SO employees. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood and the Englewood Fire Fighters Association entered into negotiations in May of 1998 in accordance with the City of Englewood Charter. The members of the Englewood Fire Fighters Association duly ratified, by a majority vote, the Collective Bargaining Agreement. The significant changes to the contract are as follows: I . Under Article I , Page 2, Lieutenants are removed from the bargaining unit. Additionally, the Article now reads : The City agrees to recogniz.e Lie.tenants as part of the bargaialag unit represented by the union at such time as the City Cllarter is 11111e11ded to permit anion representation of Lieutenants or positions functioaaily eqaivaient to the position of Lieutenant, as that position exists as of the date of tllis agreemeat. ne City agrees tllat It will aot decertify or withdraw recognition of tile anioa as a raalt of uy member of tile bargaiala& anlt servlag temporarily in an acting capacity In a position outside of the bargain lag aalt. 2 . Under Article 8, page S, employees covered by the Contract will receive a three and one-quarter percent (3.25%) increase on the 1998 base wage rate effective January I, 1999 and a three and one- quarter percent (3 .25%) increase on the 1999 base wage rate effective January I, 2000 . In accordance with Article 6 .A., wage rates may be subject to negotiation for the year 2000 . ....... •. ' •· • , - • • • • ,. 3. Article 8 .G. on page 7 now reads: ln addition to their regular hourly wage rate, shift fire investigators assigned and authorized by the Director of Safety Services will receive SI 00 per month or its hourly wage equivalent ud shall be eligible for discretionary stipends of up to $600 each year, payable as set forth In paragraph H(l). 4. Article 8.H. on page 7 now reads: (1) Each employee appointed by the Director of Safety Services to one of the foUowing assignments shall be eligible for a stipend la an amount determiaed by the Director, ap to a total of S 1,200.00 each year: Hazardous Materials Team Leader/lastractor Tecllaical Rescae Team Leader SCBA Gro11p Team Leader MOB Team Leader (2) Such sdpeads shaU be awarded la the exercise of tile Director's discretion, based apoa specific performaace criteria developed by tile Director ud made available to employees. Stipends shall be determined and paid senu-uHally, ao later thu Jane I ud December I each year. 5. Article 9.A.5 . on page 8 now reads : If no off-duty personnel wish to work, the Shift Commander will order in the first person he/she contacts following the normal rotation. If the overtime person is not as the assigned station by tile begianlng of the 1111ft, the penoa lleld over from tile previoll111llft sltall be pvea overtbne la quarter (1/4) boar lacremeats. 6 . The first sentence of Article 9.A.6 . on page 8 now reads: If at any time during the shift the absent personnel returns to duty, the officer in charge will relieve the person wllo came In to work that overtime position. 7. Article 15.B. now reads: Any employee ... , but not exceeding fifteen (IS) calendar days in any calendar year. 8. Article 22.A .2. now reads: The Department on a replacement will bear the cost of replacement uniforms. The new replacement uniform will meet or exceed recognized industry standards. FINANCIAL IMPACT The impact of the salary increase on wages, and benefits impacted by wages, is approximately $96,022.50 for 1999 and $99,143.23 LIST OF A IT ACHMENTS EFF A Collective Bargaining Agreement for 1999 and 2000. •, .. • • , - - BUCY.IrftON 'l!ID . &:j SBBD8 OF 1911 <. • • • A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL NO . 1736 AND THE CITY OF ENGLEWOOD FOR THE YEARS 1999 AND 2000. WHEREAS, the previous Collective Bargaining Contract with the Englewood Firefighters Local No. 1736 waa for the year of 1998; and WHEREAS , the City of Englewood and the Englewood Firefighters Local No . 1736 entered into negotiations on May 19, 1998, in accordance with the Englewood City Home Rule Charter; and WHEREAS, the members of the Englewood Firefighters Local No . 1736 duly ratified, by a majority of the members, the Collective Bargaininc Contract; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sc<;tjgp 1. The City Council of the City of Englewood, Colorado hereby approvea the Collective Bargaining Contract between the Englewood Firefighters Local No. 1736 and the City of Englewood for the years 1999 and 2000, attached hereto aa Edubit A. SertiOP 2. The Mayor and the City Clerk are hereby authorir.ed to aip and attest the Collective Bargaining Contract between the Englewood Firefighters Local No. 1736 and the City of Englewood, Colorado, for the years 1999 and 2000. ADOPTED AND APPROVED thia 211t day of December, 1998. Thomu J . Burna, Mayor ATTEST: Loucriahia A. Ellia, City Clerk . , .. • • 0 - • • • ·, • ,. I , Low:riahia A. Ellis, City Clerk !or the City oC Englewood, Colorado, hereby certify the above ia a true copy oC Reaolution No .~ Series o( 1998. Low:riahia A. Ellia " -. 'I • . • • 0 • -• • <. - A COll.ECilVE BARGAINING CONTRACT BE1WEEN 1llE ENGLEWOOD FIRE FIGI-ITERS LOCAL 1736 AND 1llE CTIY OF ENGLEWOOD FOR TIIE YEARS 1999 AND 2000 • • 0 • ' ' -• •• - .. ... INDEX ARTICLE 1 RECOGNITION Page 2 ARTICLE 2 EMPLOYEE RIGHfS Page 2 ARTICLE 3 BULLETIN BOARDS Page 3 ARTICLE 4 DUESDEDUCilON Page 3 ARTICLE 5 RULES AND REGUIATIONS Page 4 ARTICLE 6 DURATION OF CONTRACT Page 4 ARTICLE 7 HOURS OF WORK Page 5 ARTICLE 8 COMPENSATION Page 5 ARTICLE 9 OVERTIME Page 8 ARTICLE 10 ACTING PAY Page 10 ARTICLE 11 ANNUAL LEA VE Page 11 ARTICLE u PERSONAL LEA VE Page 12 ARTICLE 13 DISABllITY • TEMPORARY Page u ARTICLE 14 DISABllITY • ON-TIIE-JOB INJURY Page 14 ARTICLE 15 MILITARY LEA VE Page 14 ARTICLE 16 FUNERAL LEA VE Pag~ .15 ARTICLE 17 JURY DUTY AND WITNESS SERVICE Page 15 ARTICLE 15 HOLIDAYS Page 15 ARTICLE 19 VOTING LEA VE Page 16 ARTICLE 20 TRADING TIME Page 16 .i ARTICLE 21 LEA VE WITIIOlIT PAY Page 16 • • 0 , • ,,_ -• ' • " • ' .. INDEX (CONTINUED) ARTICLE 22 UNIFORMS Page 17 ARTICLE 23 AUTOMOBILE AUOWANCE Page 18 ARTICLE 24 INSURANCE Page 18 ARTICLE 25 DENTAL INSURANCE Page 18 ARTICLE 26 LIFE INSURANCE Page 19 ARTICLE 27 RETIREMENT BENEFITS Page 19 ARTICLE 28 LAYOFF Page 19 ARTICLE 29 EDUCATION.AL INCENTIVE Page 19 ARTICLE 30 SETil.EMENT OF DISPUI"ES Page 20 ARTICLE 31 SUPPLIES Page 23 ARTICLE 32 DRUG TESTING AND PHYSICAL FITNESS Page 23 ARTICLE 33 DEA11f AND DISABllIIY ASSESSMENT Page 23 ARTICLE 34 EXCLUSIVENESS OF CONTRACT Page 23 • • • • ii 0 ..-..-.----, ,,. I - • • • (• • .. COll.ECilVE BARGAINING CONTRACT BElWEEN TIIE ENGLEWOOD FIRE FIGHTERS LOCAL #1736 ANDTIIE CITY OF ENGLEWOOD FOR TIIE YEARS 1999 AND 2000 ,, - This contract is entered into by and between the City of Englewood (hereinafter referred to as the "City") and the Englewood Fire Fighters (hereinafter referred to as the "Union"). It is the purpose of this contract to achieve and maintain harmonious relations between the City and the Union; to provide for equitable and peaceful adjustment of differences which may arise, and to establish proper standards of wages, hours and other conditions of employment. Except where limited by express provisions elsewhere in this contract, nothing in this contract shall be construed to restrict, limit, or impair, the rights, powers and authority of the City as granted to it under the laws of the State of Colorado and the City's Charter and Municipal Code. The rights, powers, and authority include, but are not limited to, the following: A. The determination of Fire Department policy including the right to manage the affairs of the Fire Department in all respects. B. The right to assign working hours, including overtime. C. The right to establish, modify or change work schedules, manning of apparatu.s, amou~t of apparatus in the main or reserve fleet, etc. D. The right to direct the members of the Fire Department including the right to hire, promote, transfer or discipline or discharge for cause, any fire fighter within the Fire Department. E. The table of organization of the Fire Department including the right to organize and reorganize the Fire Department in any manner it chooses, including the size of the Fire Department and the determination of job classification and ranks based upon duties assigned. F. The determination of the safety, health and property protection measure for the Fire Department. • . 4 .. • • 0 , -• • • G. The allocation and assignment of work to all fire fighters within the Fire Department. H. The determination of policy affecting the selection or training of fire fighters. l The scheduling of operations and the determination of the number and duration of hours of assigned duty per week. J. The establishment. discontinuance, modification and enforcement of Fire Department rules, regulations and orders. K. The transfer of work from one position to another within the Fire Department. L The introduction of new, improved or different methods and techniques of operation of the Fire Depanment or a change in the existing methods and techniques. M. The placing of service, maintenance or other work with outside contractors or other agencies of the City. N. The determination of the number of ranks and the number of fire fighters within each rank. 0. The determination of the amount of supervision necessary. ARTICLE 1. RECOGNmON The City recognized the Union as the organization cenified pursuant to the Charter of the City of Englewood, as the sole and exclusive collective bargaining agent for all full- time classified Englewood Fire Fighters including Fire Fighter, Driver-Operator-Engineer, and Fire/Medic. The City agrees to recognize lieutenants as pan of the bargaining unit represented by the Union at such time as the City Charter is amended to permit Union representation of lieutenants or positions functionally equivalent to the position of lieutenant. as that position exists as of the date of this Agreement. The City agrees that it will not decertify or withdraw recognition of the Union as a result of any member of the bargaining unit serving temporarily in an acting capacity in a position outside of the bargaining unit. ARTICLE 2. EMPLOYEE RIGHTS A A full-time classified employee covered by this contract shall have the right: 1. To form, join, support or participate in or to refrain from forming. joining, supporting or participating in any employee organization or its lawful activities; and 2. Bargain collectively through their certified employee representative. 2 ..... • .. I· • 0 ' - r '"",1, f a2xl • • • • 0 • 3. No employee shall be interfered with, restrained, coerced or discriminated against because of the exercise of these rights nor shall the right of an individual employee to discuss employment concerns with the City be infringed upon. ARTICLE 3. BULLETIN BOARDS A The City agrees to provide space in the fire station for Union bulletin boards which shall be properly maintained by the Union. They are to be used for the following notices: 1. Union meetings. 2. Union elections. 3. Reports of Union committees. 4. Rulings of policies of the International Union. 5. Recreational or social affairs of the Union. B. The union agrees that there shall be no other general distribution or posting by the Union or employees upon City property, provided, however, the Director of Safety Services may permit other material not provided for above at his/her discretion to be posted or distributed. The material posted shall not contain anything reflecting derogatorily upon the City, any of its employees, or any other organization of City employees. The City agrees that during working hours on City premises and without loss of pay. Union members may be allowed to: attend Union and/or management meetings, post Union notices, solicit Union membership during employee's non-work time, and one on-duty representative will be allowed to assist an employee on grievances, or appeals, provided advance notice is given to the Director and the work load permits. AR11CLE4.DUESDEDUC110N A The City agrees to deduct the Union dues twice each month from the pay of those employees who individually request in writing that such deductions be made, subject to the garnishment laws of the State of Colorado. The amounts to be deducted shall be certified to the City Finance Director by the Treasurer of the Union, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of the succeeding month, after such deductions are made. The authorization shall be revocable during the term of the Contract, upon a thirty (30) day written notice by the employee to the City Finance Director. B. Deduction shall be made from only two (2) payments of wages each month, except that if wages are not paid an authorized employee on the last payday of a given month, deduction for that month will be made from any wages which may be paid to him/her on the next succeeding final monthly City payday. It is expressly understood that the City assumes no liability and shall not be liable for the collection or payment to the Union of any dues during any time that an employee is not actually working for the City and 3 -• ..... "' - I· • 0 - • • • • - actually on the payroll of the City. In the event of error on the checkoff list, the City will not be responsible to make adjustments, until notified by the Treasurer of the Union. C. The Union shall indemnify and hold the City harmless against any and all claims, suit, orders or judgment brought or issued against the City as a result of any action taken or not taken by the City under the provision of this Article. D. Changes in the dues amount to be deducted shall be limited to two (2) changes each year and provided a thirty (30) day written notice is provided to the City Finance Director. E. Should the change in the deduction amount or method require a computer programming change, the Union shall be responsible for that cost of such change or changes, at $30.00 per hour with a four (4) hour maximum. Payment from the Union shall be made to the City Finance Director within ten (10) days of receipt of billing. ARTICLE 5. RULES AND REGUIATIONS A Except as limited by the express terms of this contract, the City retains the right to promulgate reasonable rules, regulations, policies, procedures and directives. Said rules, regulations, policies, procedures and directives which are an alleged violation of this contract shall be subject to the grievance procedure. B. The City agrees to consult with the Union concerning the formulation of changes of rules and regulations, policies, procedures and directives. ARTICLE 6. DURATION OF CONTRACT A This contract shall take effect on January 1, 1999, and shall continue in force to and including December 31, 2000, provided that either party may reopen for negotiation Articles 8, 24 and 25 only, by giving written notice of intent to negotiate any or all of those ankles prior to May 15, 1999. Any such negotiations shall proceed as provided in the City Charter. 8. This contract or any pan of it, may be terminated or renegotiated at any time by mutual consent of both parties . C. If any article or section of this contract should be held invalid by operation of law or the District Court, or if compliance with or enforcement of any article or section should be restrained by such District Court, the remainder of this contract shall remain in full force and effect, and the parties shall promptly meet and confer for the purpose of attempting to arrive at a mutually satisfactory replacement for such article or section. 4 • .... I· • 0 , - • • 11 - • t• • - D. The parties agree and understand that provisions relating to employees covered by this contract shall in no way displace or modify present or future statutory case law of the State of Colorado. E. The parties acknowledge that during negotiations which resulted in this contract, each had the unlimited right and opponunity to make demands and proposals with respect to any subject or matter appropriate for meetings and to confer and have discussions and that the understandings and agreements arrived at by the parties after this exercise of that right and opponunity are set forth in this contract. ARTICLE 7. HOURS OF WORK A For those employees assigned to shift work, the work schedule shall normally consist of any average of seventy-two (72) hours of work in nine (9) consecutive days, reoccurring work cycles based on a twenty-four (24) hour alternating basis of Berkley system. B. Employees assigned to non-shift work shall normally be scheduled for an average of at least forty (40) hours of work in seven (7) consecutive day reoccurring work cycles. C. It is specifically understood and agreed that nothing herein shall be construed as guaranteeing employees a minimum or maximum number of hours per day or per week. D . The work schedule may be changed by the Director of Safety Services provided a minimum nine (9) days advance notice is given. Work schedules may be changed without advance notice in the case of emergencies as determined by the Director of Safety Services. ARTICLE 8. COMPENSATION A The salary schedule that becomes effective on January 1, 1999, is as follows, and reflects an increase of 3.25% over the 1998 salary schedule. Regular Straight Premium or Time Hourly Overtime Rate ~ Maoibb: ADlwal Firefighter (probationary) $11.13 $16.70 $2,699.90 S 32.399 Firefighter m 12.67 19.00 3,074.00 36,888 Firefighter D 13.93 20.90 3,381.45 40,sn Firefighter I 15.33 23.00 3,719.60 44,63.S .s • . .. • • 0 - • • ,. -• • t• • • Fircmcdic Il 15.33 23.00 3,719.60 44,635 Fircmcdic I 16.86 2529 4,091.60 49,099 Driver /Operator/ Engineer 16.86 25.29 4,091.60 49,099 The salal')' schedule that becomes effective on January 1, 2000, is as follows, and reflects an increase of 3.25% over the 1999 salary schedule. Regular Straight Premium or Time Hourly Overtime Rate ~ MQatblv Anmw Firefighter (probationary) $11.49 $17.24 $2,787.65 S 33,452 Firefighter III 13.08 19.62 3,174.00 38,087 Firefighter II 14.39 21.59 3,491.34 41,896 Firefighter I 15 .83 23.75 3,840.48 46,086 Firemedic II 15.83 23 .75 3,840.48 46,086 Firemedic I 17.41 26.12 4,224.53 50,694 Driver /Operator/ Engineer 17.41 26.12 4,224.53 50,694 B. (1) The pay rate for Driver Operator Engineer is 10% more than Fire Fighter I. (2) The base wage rate for Fire Fighter ll is ten percent (10%) below the base wage rate for Fire Fighter I. The base wage rate for Fire Fighter III is ten percent (10%) below the base wage rate for Fire Fighter II. (3) In no event shall an employee's base wage rate be reduced for the years 1999 and 2000, provided that wage rates may be subject to negotiation for the year 2000 in accordance with Aniclc 6.A C. The compensation figures identified in Paragraph A above arc based upon the number of regularly scheduled hours per month and per year including overtime, and arc not adjusted for because of the city's biweekly pay system. The methodology used in determining the hourly, premium/overtime, monthly and annual compensation is contained in Appendix B attached. 6 ·• • .... •. ... I· • 0 r - • • ,, ~ • . . • • • (. • D. The hourly rate set forth above is the employee's straight time hourly wage rate for the purpose of computing premium/overtime compensation. The annual compensation reflected in Paragraph A above includes compensation for scheduled overtime. E. In the event the seventy-two (72) hour work schedule based upon a nine (9) day reoccurring work cycle identified under Section 7(k) of the Fair Labor Standards Act is adjusted or amended, hourly wage rates shall be adjusted so that the end result shall continue to reflect an annual gross compensation as identified in Paragraph A. F. In addition to their regular hourly wage rate, qualified employees holding the rank of firefighter who are assigned and authorized by the Fire Chief to perform on a regular basis Fire Medic duties shall receive a ten (10%) percent wage increase over and above the affected employees' regular hourly wage rate. G. In addition to their regular hourly wage rate, shift fire investigators assigned and authorized by the Director of Safety Services will receive $100.00 per month or its hourly wage rate equivalent and shall be eligible for discretionary stipends of up to $600 each year, payable as set forth in Paragraph H(2). H. (1) Each employee appointed by the Director of Safety Services to one of the following assignments shall be eligible for a stipend in an amount determined by the Director, up to a total of Sl,200.00 each year: Hazardous Materials Team Leader/Instructor Technical Rescue Team Leader SCBA Group Team Leader MOB Team Leader (2) Such stipends shall be awarded in the exercise of the Director's discretion, based upon specific performance criteria developed by the Director and made available to employees. Stipends shall be determined and paid semi-annually, no later than June 1 and December 1 each year . 7 ' ' .. • • 0 - • • • • ARTICLE 9. OVERTIME A Standard Overtime. 1. Upon determination that the reporting of assigned personnel to the duty shift is below the City established level. the call to off-duty personnel for overtime will be made. 2. Non-exempt employees covered by this contract working in positions other than their actual rank arc counted in acting capacity. In the event requirements necessitate positions be filled with actual rank, personnel of said rank will be ordered in. 3. Non-exempt employees covered by this contract shall receive overtime compensation for work performed over and above the assigned work schedule. Any overtime compensation for training shall be pursuant to the provisions of the Fair Labor Standards Act. All overtime compensation shall be calculated at time and one-half ( l 1/2) of the employees regular wage rate. 4. The person working overtime will be paid actual hours worked for that position which he/she fills. The method used to select Fire Fighters to work overtime situations will be contained in procedures published by the Director of Safety Services. The procedures will provide a fair and equitable distribution of overtime among bargaining unit employees. The procedure will contain a selection process whereby an eligible individual will not forfeit his/her position in the selection process if: Jess than a twelve-hour block of time is worked; if the employee is sick or on annual leave; or if this would require the employee to work seventy-two (72) consecutive hours, or more. Refusal for sickness will be accepted only if the employee was absent the last duty day due to illness or temporary disability leave. Annual leave is the period of time from the end of the last day worked until the employee returns to duty. However, if an employee is on annual leave, he/she has the option to work on any but his/her own shift. 5. If no off-duty personnel wish to work, the Shift Commander will order in the first person be/she contacts following the normal rotation. If the overtime person is not at the assigned station by the beginning of the shift, the person held over from the previous shift shall be given overtime in quarter (l/4) hour increments. 6. If at any time during the shift the absent personnel returns to duty, the officer in charge will relieve the person who came in to work that overtime position. The person working the overtime will be paid a minimum of two (2) hours worked. If more than two (2) hours are worked, his/her time will be computed to the nearest next half (1/2) hour. 7. No one other than the Director of Safety Services, the on-duty Shift Commander, or acting Shift Commander, Union representative, at the request of 8 • ..... < (,,1' ~ \' . •· • 0 '32 x l - • • • • the employee, with the employee and management personnel present, shall have access to or review the overtime cards. Any person not following this policy or found tampering with the file will be subject to disciplinary action by the Director of Safety Services. B. Emergency Overtime. 1. Emergency overtime is defined as a multi-alarm situation or disaster where more than normal manning is required and must be authorized by the Director of Safety Services. 2. When non-exempt employees covered by this contract work overtime on an emergency call back basis, that overtime shall be computed on a forty ( 40) hour duty week wage basis. C. Combined overtime. 1. When a non-exempt employee covered by this contract is working a standard overtime shift and responds to an emergency with other employees called an emergency overtime, be/she will be compensated on the emergency overtime basis during the period of that emergency. D. Compensatory Tune. 1. Compensatory time includiJla wwsed personal leave, holiday time and overtime hours may be ac:cumulated as compensatory time up to a maximum of 150 houn. 2. Accumulated compensatory boun may be cubed out for pay subject to a maximum of 75 hours per year . 3. At any time during the year at the City's option any compensatory time accumulated by an employee in excess of seventy-five (75) hours may be cashed out for pay at the employee's regular hourly wage rate. 4. Employees must notify the Department by October 1 of each year, of their intention of receiving compensatory pay in lieu of time off. Payout for compensatory time hours accrued will be based on the total number of boun on record as of October 1 of each year. 5. The use of compensatory time off shall be determined by the needs of the Department and taken at times approved by the Director of Safety Services. 6. (a) At the employee's option, compensatory time indudiq unused personal leave hours and holiday boun shall be tramfemd into a compensatory time bank subject to D.l above or paid out at the employee's regular hourly wqe rate. 9 • t • • 0 - - • • • • (, (b) At the employee's option. any overtime hours accrued may be tranSferred into the compensatory time bank subject to 0.1 above or paid out. 7. All compensatory hours in excess of 150 will be paid or taken in time off at the discretion of the Director of Safety Services. ARTICLE 10. ACfING PAY All acting positions assigned and authorized by the Director of Safety Services or the Director's designated representative will be compensated at full pay. The employee must be in the position three (3) consecutive shifts before the employee becomes eligible for acting position compensation. Such pay shall be retroactive to the first day the employee assumes responsibility of the position. Acting assignments will be made according to the following procedure: Acrin& poE. First Priority • Eligibility List Second Priority -Check-off List Third Priority -Fire Fighter I Fourth Priority -Fire Fighter ll As;tio& Lt, First Priority • Eligibility List Second Priority • DOE/Fire Fl&hter I Third Priority -Fire Fighter n 10 . ' • . .. • • 0 1 a2 x l - - • • • • • ARTICLE 11. ANNUAL LEA VE A schedule: Shift work employees shall be entitled to annual leave according to the following 1-4 years continuous service 5-9 years continuous service 10-14 years continuous service 15-19 years continuous service 20 + years continuous service Hourly Accumulation Per Month _ 13 hours 15 19 21 23 Annual Total fum 156 180 228 252 276 6.5 7.5 9.5 10.5 11.5 In order to qualify for annual leave credit during the month, the employee must have worked at least one-half (1/2) of the working days of that month excluding authorized paid leave. Annual leave shall not be granted to any employee until he/she has been in the employ of the City for at least one (1) year unless otherwise authorized by the Director of Safety Services. B. Toe maximum accumulation of annual leave shall be two (2) times the employee's normal annual leave accumulation. C. Method of Selection -Toe selection for use of annual leave shall be by seniority. Toe first round of selection begins by those employees with greatest seniority choosing first and these with less seniority choosing last. The second round of selection will begin with those having less seniority choosing first and those with more seniority choosing last. The City agrees that lieutenants assigned to shift work shall not receive priority over more senior members of the bargaining unit with respect to annual leave assignments. Accordingly, the Union agrees that such lieutenants be assigned annual leave in accordance with this paragraph regardless of their membership in the bargaining unit covered by this Agreement. D. Use· Toe schedule for use of annual leave shall be determined by the needs of the Department. Annual leave shall be taken at a time convenient to and approved by the Director of Safety Services. E . Annual Leave Pay • The rate of annual leave pay shall be the employee's regular straight time hourly rate of pay for the employee's regular job and charged on a working hour basis, excluding regular days off. Annual leave shall be allowed only to the total hourly amount accumulated at the beginning of the leave, as verified and authorized by the Director of Safety Services. Employees may receive their annual leave pay, provided the employee makes a written request to their supervisor and approved by the Director of Safety Services fifteen (15) calendar days prior to the start of their annual leave. F . Minimum Usage -There shall be a one (1) shift minimum use of annual leave time for shift workers with the following exception: If an employee covered under this contract 11 . .... • ...... ' r,,r' . • I I ' .. •· • 0 - • • • • • ,~ • bas used all of the personal leave provided to him/her for the year, the employee may use annual leave of less than one ( 1) shift as approved and authorized by the Director of Safety Services or the Director's designated representative. G. Annual Leave Pay Upon Separation -Any employee who is separated from the service of the City, i.e., retirement, termination or layoff, shall be compensated for the unused annual leave time accumulated at the time of separation. ARTICLE 12. PERSONAL LEA VE All shift work employees covered by this contract shall be granted ninety-six (96) hours of personal leave with pay which an employee is entitled to use for the following purposes: A Time lost as a result of illness/injury to the employee or the employee's immediate family. B. Attend personal business. C. Leisure time. For any employee who has not used the ninety-six (96) hours of personal leave, the City will compensate said employee for the unused time at the employee's regular wage rate to be paid in the second pay period in November of each year. Personal leave time shall not exceed ninety-six (96) hours nor shall it be accumulated or carried over from one year to the next In the event of illness/injury in which personal leave is requested, the employee shall notify his/her supervisor at least one (1) hour prior to the employee's scheduled reporting time. At the employee's option, unused personal leave hours as described above may be transferred into the compensatory time bank subject to Article 9.0 or paid out at the employee's regular hourly wage rate. ARTICLE 13. DISABILITY -TEMPORARY (NON JOB RELATED) A Definition -Temporary disability is leave granted for non-service coMected injury or illness of an employee which disability prevents the employee from performing his/her duties as a City employee . B. Provision -During the life of this contract, the City agrees to provide temporary disability leave with pay for employees absent as a result of illness/injury at the rate of one hundred percent (100%) of the employee's regular wage up to one hundred twenty (120) calendar days/forty ( 40) shifts. C. Temporary disability leave shall not be accumulative except that on January 1 of each year, the City shall restore one hundred percent (100%) of the number of days/shifts used 12 • . •· • 0 • • • I• • ... by an employee during the preceding year up to a maximum of sixty (60) days or twenty (20) shifts. D. Utilization. 1. Authorization for temporary disability leave with pay shall only be granted after the first shift/day of disability. 2. Authorization for temporary disability shall be granted for the following reasons: a. Illness or injury of the employee not service connected, including maternity. E. Sick Leave Option -All sick leave accrued by employees prior to January 1, 1980, shall vest with the employee, and may be used in the following manner: 1. After the one hundred twenty (120) days/forty (40) shifts as described above have been used, unless the employee is entitled to retirement as a result of disability. - 2 . By cashing in all accrued sick leave accumu!ated under the previous plan upon normal retirement from the City at the rate of one (1) hour's pay for each two (2) hours of accrued sick leave at the employee's regular rate or one (1) t hour's pay for each four (4) hours upon separation from the City. 3. By cashing in accrued sick leave under the previous plan, once each year at the conversion rate of four (4) hours sick leave for one (1) hour pay, not to exceed a conversion of more than four hundred (400) hours each year. F. Reponing of Temporary Disability -The employee or a member of the employee's household shall notify the employee's Shift Commander at least thirty (30) minutes prior to the employee's scheduled reponing time. No temporary disability leave will be granted to an employee who fails to notify their Shift Commander prior to the beginning of the employee's work schedule . The employee's Shift Commander may waive the reponing requirement depending upon the circumstances surrounding the temporary disability. · G. Verification of Disability -An attending physician's statement will not be necessary unless required by the Director of Safety Services. If the Director requires the employee to see a physician , the City will pay the cost of such examination and/or office visiL H. Abuse of Temporary Disability -Abuse of temporary disability occurs when an employee misrepresents the actual reason for requesting temporary disability or when an employee uses temporary disability leave for unauthorized purposes. An employee who makes a false claim for temporary disability leave shall be subject to disciplinary action or dismissal. 13 • . .. •· • , 2 I - • • • • • • • ARTICLE 14. DISABILITY -ON-TIIE-JOB INJURY A For any on-the-job injury which causes any employee to be absent from work as a result of such injury, the city shall pay to such employee bis/her full wages from the first day of his/her absence from work up to and including the 90th calendar day of such absence, less whatever sums received by the employee as disability benefitS under workmen's compensation. The City reserves the right to require any employee on injury or disability leave to submit to an examinations by City-appointed physicians at the City's expense or under the provision of workmen's compensations or the retirement/pension provision as provided under State statute. 8. All injuries that occur during working hours shall be reported to the employee's supervisor within twenty-four (24) hours of the injury or before the employee leaves their department of employment unless circumstances beyond the control of the employee would not permiL ARTICLE 15. MILITARY LEAVE A Any permanent or probationary employee who enlists or is inducted into the military, naval, air or other armed services of the United States in time of war shall be entitled to a leave of absence without pay for the duration of such war or until honorably discharged, whichever occurs first, and for one (1) year thereafter. 8 . Any employee who shall be a member of the National Guard or any other component of the military forces of the State, now or hereafter organized or constituted under the State or federal law, .shall be entitled to a leave of absence from his/her employment without loss of pay, seniority, status, efficiency rating. vacation. sick leave or other benefits for all the time when he/she is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for State or federal purposes, but not exceeding fifteen (15) calendar days in any calendar year. Such leave shall be allowed in case the required military service is satisfactorily performed, which shall be presumed unless the contrary is established. C. Such leave shall not be allowed unless the employee returns to bis/her public position immediately upon being relieved from such military service and not later than the expiration of the time herein limited for such leave~ unless he/she is prevented from so returning by physical or mental disability or other cause not due to bis/her own fault or is required by proper authorities to continue in such military service beyond the time herein limited for such leave . D . Subject to provision A. B and C above, the City shall provide full pay to an employee granted military leave, less whatever compensation the employee may have received by the military for such service. 14 • ..... •. .. •· • 0 , - • • • • - '· ARTICLE 16. FUNERAL LEA VE The Director of Safety Services shall grant leave with pay to an employee to attend the funeral of a member of the employee's family. lbe number of days granted shall be governed by the circumstances of the case, but shall be at least one (1) shift and in no event shall they exceed three (3) of the employees regularly assigned shifts. For the purposes of this section ·employee's family" shall mean the employee's spouse, or the children, grandchildren, parents, grandparents, brothers and sisters of the employee or of the employee's spouse and other members of the family at the discretion of the City. ARTICLE 17. JURY DU1Y AND WITNESS SERVICE Leave may be granted to an employee for serving on jury duty or as a witness in his/her official capacity in obedience to a subpoena or direction by legal authority. He/she shall be entitled to the difference between his/her regular compensation and the fees received for jury duty or as a witness. When he/she is subpoenaed as a witness in private litigation to testify, not in his/her official capacity but as an individual. the time absent by reason thereof shall be taken as accrued leave or leave without pay. ARTICLE 18. HOUDA YS A (1) Shift work employees covered by this contract will be eligible for seventy- two (72) hours of holiday time-off or pay. (2) The payment for holidays will be made the first pay period in December of each year based on the employee's regular straight time hourly wage rate. Employees must notify the Department by October 1 of each year, of their intention of receiving holidays pay in lieu of time off. (3) For employees to be eligible for holiday pay/time off, the employee must have worked at least one-half ( 1/2) of the scheduled hours each month excluding authorized paid leave. ( 4) Holiday pay for terminating and new hire employees will be determined on a monthly pro rata basis. (Example: If an employee retires on June 30, 1989, the employee is eligible on a monthly pro rata basis for six (6) months or one-half (1/2) of the seventy-two (72) hours holiday benefit.) (5) At the employee's option, holiday hours as described above may be transferred into the compensatory time banlc subject to Article 9.D or paid out as the employee's regular hourly wage rate. B. Forty (40) hour employees will not be eligible to receive a holiday pay cashout, but shall receive the days off on the eleven (11) officially recognized City holidays provided the employee has actually worked or had approved paid leave on the 15 • .. •· • 0 '32 x l • • • • I• • day immediately prior to and following a holiday unless otherwise approved by the Safety Director. A shift work employee who is assigned to a forty (40) hour assignment during the course of the year will be paid the pro rata holiday pay cashout at the end of that year for the period that he was on shift work. ARTICl.E 19. VOTING LEA VE All employees will be allowed a reasonable time off as authorized by the Director of Safety Services without loss of pay to vote. This time will be used by the employee only to vote. ARTICl.E 20. TRADING TIME A Employees may be permitted to secure another Fire Fighter of equal rank and qualifications to substitute for them subject to the approval of their Shift Commander. The employee substituting shall be responsible to work the scheduled shift and any absence shall be charged against that employee . Any request for substitutes shall be signed by both Fire Fighters and approval of the Shift Commander shall also be in writing. B. Trading time shall be governed by the following criteria: 1. The trading of time is done voluntarily by the employees participating in the trade. 2. The reason for trading time is due to the employee's desire or need not because of Fire Department operations. 3. If a trade request is denied by a Shift Commander, the Shift Commander shall provide a written statement to the requesting employee with the reason for denial of the request. ARTICLE 21. LEAVE WITIIOUT PAY EH~bjJity Permanent employees may be granted a leave of absence without pay for reasons of education which is allied to the duties of the City, settlements of an estate, child care, serious illness of a member of the employee's family, but shall not be used for the purpose of obtaining employment elsewhere. Leave without pay shall not exceed six (6) months of any year but may be extended upon request for an additional six (6) months. The total leave time shall not exceed one (1) year. Upon return from approved leave, the employee will be restored to their former position if available or to a position comparable for which the employee is qualified. During periods of unpaid leave, employees shall not continue to accrue service credit or be eligible for any City benefits. 16 ..... •· • - • • • l • • AppHcatjon for l&ave A request for a leave of absence without pay shall be submitted in writing by the employee to the Director of Safety Services. The request shall indicate the reason the leave of absence is being requested and the approximate length of leave time requested. Consideration of Leave Request The Director of Safety Services may grant or deny leave requests, talcing into consideration the Department's work force, work load and the employee's request. Fajlure to Return Unless unusual circumstances exist, an employee who fails to return by the date of leave expiration shall be considered to have voluntarily resigned from the service of the City. ARTICLE 22. UNIFORMS A ( 1) If an employee is required to wear a uniform and/ or safety equipment, the employee shall wear the uniform and/or safety equipment only as authorized or required by the department work rules. All employees shall maintain a presentable appearance while on duty. . The employee is responsible for any damage to the uniform or safety equipment by negligence or deliberate act. The City will be responsible for providing all uniforms and safety equipment. (2) The Department on a replacement basis will bear the cost of replacement uniforms. The new replacement uniform will meet or exceed recognized industry standards. B. Should the Dcp:mment authorize or require a specific work/safety shoe, the Department will provide said shoes which will be considered part of the required uniform. H the Department requires and provides the shoes as described above, the footwear allowance as provided in C below will be reduced to fifty percent (50%) of the cost of authorized footwear up to $50.00 per year. C. Subject to conditions described in B above, the Department will provide fifty percent (50%) of the cost of authorized footwear up to $75.00 per year. D. Physical fitness sweatshins, sweatpants. and running shorts will be provided by the Fire Department for employees engaged in the Department's physical fitness program. The above clothing will be provided according to an as-needed basis, determined by the Director of Safety Services. E. Oeaning -The City will be responsible for providing cleaning for all uniforms and/or safety equipment. .. - 17 .. • • 0 'J2xl - • • • • • (. • ARTICLE 23. AUTOMOBILE AllOWANCE A Fire Fighter who is specifically authorized by the Director of Safety Services to operate his/her personally-owned automobile in conduct of City business shall be paid in mileage in accordance with the City's vehicle mileage policy. ARTICLE 24. INSURANCE A (1) The City will pay 85% per month of the premium cost for dependent and single coverage for the City's self-funded health insurance plan. (2) Employees will pay fifteen percent (15%) of the monthly premium cost for dependent and single coverage for the City's self-funded health insurance plan. B. Any dispute concerning the interpretation or application of benefits provided under the Health Insurance Plan shall be subject to the dispute resolution procedure only. (It is expressly understood that this Article is a non-grievable item under this contract.) C. It is understood and agreed that should the premium costs for the City's health insurance be reduced during the life of this contract, the City and employees will equally share in the premium rate reduction. Example: If premium rates are reduced five percent (5%), the employee's premium contribution shall also be reduced five (5%). ARTICLE 25. DENTAL INSURANCE A The City will pay eighty-five percent (85%) of the premium cost for dependent and single coverage for dental insurance. Employees will pay fifteen percent (15%) of the premium cost for dependent and single coverage for dental insurance. B. Any dispute concerning the interpretation or application of benefits under the Dental Plan shall be subject to the dispute resolution procedure only. (It is expressly understood that this Article is a non-gricvable item under this contract.) C. It is understood and agreed that should the premium costs for the City's dental insurance be reduced during the life of this contract, the City and employees will equally share in the premium rate reduction. Example: If premium rates arc reduced five percent (5%), the employee's premium contribution shall also be reduced five (5%). 18 • .... .. •· • 0 , • • • • ,- 0 • ARTICLE 26. LIFE INSURANCE Term life insurance will be provided by the City for employees covered by this contract of $30,000 for each employee. Upon retirement the employee may convert the life insurance amount that is in effect at the time of retirement up to $20,000 if the employee has not reached age 65. From age 65 to age 70, the conversion privilege would be reduced by 40%. The maximum conversion privilege would then be S 18,000. ARTICLE 27. RETIREMENT BENEFITS A. Retirement benefits and contnbution levels will continue as provided under the City Plan and State Statute. B. The City agrees to allow retirees and future retirees a conversion privilege to the health insurance conversion plan available through the City. For employees who retired on or before December 31, 1995, the City agrees to pay fifty percent (50%) of the cost of coverage of the health insurance conversion plan or other plan selected by the retiree up to a maximum of $75 .00 per month for the employee and including the employee's dependents. For employees who retired on or after January 1, 1996, the City agrees to pay fifty percent (50%) of the cost of coverage of the health insurance conversion plan or other plan selected by the retiree up to a maximum of S 100.00 per month. It is the intention of the City to phase out this provision. ARTICLE 28. LAYOFF Whenever there is lack of work, lack of funds, or other legitimate reasons requiring reductions in the number of employees, the appointing authority shall designate the positions in which the layoff is to be made. Upon such determination, the required number of employees in the affected position shall be placed on a layoff list or transferred by the appointing authority. each in order of his/her relative length and quality of service as shown by the personnel records. Employees on layoff shall be recalled in the order of seniority provided that those recalled have the demonstrated ability and same qualifications to perform the available work as determined by the City . Any employee in a higher rank, if laid off. may transfer to the previous lower rank. Toe layoff list shall terminate after eighteen (18) months. ARTICLE 29. EDUCATIONAL INCENTIVE Upon recommendation of the Director of Safety Services and after prior approval of the Administrative Services Department. the City of Englewood shall reimburse a permanent, full- time Fire Fighter upon successful completion of an approved course or courses in education or vocational training at an accredited college or university. The course or training must be related to the work and be designed to improve competence in the job, as determined by the City, and be of value to the Fire Fighter's service to the City. This shall include all tuition, and required texts . Refunds will be at the public institution rate. 19 ' [(,,~ .. I,, 1 -• ..... • •· • 0 • • • • t~ . ' • .. ARTICLE 30. SETil..EMENT OF DISPlITES A grievance is defined as an alleged violation of a specific provision of this contract. The employee and the Association shall be required to follow the procedure as set out below: If an employee is unable to settle the grievance or dispute orally and informally through bis/her shift commander within five (5) working days of the date of the occurrence of the grievance, or the employee's knowledge of it, the employee may, within the succeeding five (5) work days, file a written grievance with bis/her supervisor. The shift commander shall attempt to adjust the matter and shall respond in writing to the employee within five (5) work days. If the answer is not satisfactory, the matter shall be presented in writing by the employee to the Division Chief within five (5) work days following receipt of the Shift Commander's response. The Division Chief shall respond in writing to the employee within five (5) work days. If the answer is not satisfactory, the matter shall be presented in writing by the employee to the Director of Safety Services within five (5) work days following receipt of the Division Chief's response. The Director of Safety Services shall respond in writing to the employee within five (5) work days. If the grievance still remains unadjusted, it shall be presented by the employee to the City Manager in writing within five (5) work days following receipt of the response of the Director of Safety Services. The City Manager or his/her designated representative shall respond in writing within ten (10) work days. If the grievance is still unsettled, the Association, within ten (10) work days after receipt of the answer by the City Manager or his/her designated representative, may by written notice request the matter be submitted to either mediation or arbitration. (a) Mediation. .. - (1) If mediation is requested, the parties will attempt to mutually agree upon a mediator. If within five (5) days of the request for mediation the Association and the City cannot mutually agree on the mediator, a request will be filed with the American Arbitration Association for a panel of seven (7) mediators to be sent to the parties. 20 •• ...... .. • • - • • ,. - • I • . • ' (2) The mediator will be selected by a method of alternative striking of names from the panel, with the first strike determined by a coin flip . The final name left on the panel will be the mediator. The mediator will convene a meeting of the parties as soon as possible and attempt to develop a settlement of the grievance which is acceptable to both parties. Any such settlement will be in writing and will be dated and signed by representatives of the Association and the City and by the mediator. The terms of any such settlement will be implemented by both parties. H a settlement is not reached through the mediation process, the mediator will notify both parties in writing that the mediation process has concluded. Such notice concludes the grievance procedure. (3) The fees of the mediator shall be borne equally by the Association and the City. (b) Arbitration. (1) If the Association requests arbitration, the parties will attempt to choose a mutually agreeable arbitrator. If within five days of the request for arbitration the Association and the City cannot mutually agree on an impartial arbitrator, a request will be filed with the American Arbitration Association for a panel of seven arbitrators to be sent to the parties. The arbitrator shall be selected by a method of alternative strilcing of names from the panel, with the first strike determined by a coin flip. The final name left on the panel shall be the arbitrator. The arbitrator shall be requested to issue a decision within thirty (30) days after conclusion of testimony and argument. (2) Each party shall be responsible for compensation to its own representatives and witnesses. The fees of the arbitrator shall be borne equally by the Association and the City. (3) Heither party desires a verbatim record of the proceedings, it may cause such a record to be made, provided it pays for the record and makes a copy available to the arbitrator. H the other party wishes to have a copy of the transcript it shall share all costs for the transcripL Authority of Arbitrator The arbitrator shall have no power to add to or subtract from or change the terms of this Contract. The written decision of the arbitrator shall be final and binding upon the parties. The arbitrator shall limit his decision strictly to the grievance submitted which has been properly processed through the grievance procedure outlined. 21 ~ .. •' •· • 0 , xi - • • • I• • Time Limits Failure by an employee to comply with any time limitation shall constitute a settlement of the grievance. Should the employer not respond within the prescribed time, the grievance will automatically proceed to the next step. Grievance Option It is agreed that should the appeal procedure as provided under 138:3 of the City Charter or applicable ordinance provisions be utilized, recourse to the grievance procedure included in this Article shall be waived. Processin& Grievance Putin& Work Hours Grievances may be investigated and processed by the employee during working hours within reasonable time limits without loss of pay provided notice is given and the work load permits. The employee shall be allowed to attend hearings while on duty. Ora) and Written Correctjve Action Oral Corrective Action --Whenever grounds for corrective action exist and the supervisor determines that the incident, action or behavior of the employee is such that more severe action is not immediately necessary, the supervisor should orally communicate to the employee the supervisor's observation of the problem and offer assistance in correcting the situation. When an oral corrective action is given, the supervisor should ensure that the supervisor's Jog is documented to show date of the corrective action and the nature of the corrective action. The employee should be advised that the corrective action will be documented in the supervisor's log. Written Corrective Action --When the supervisor determines that a written corrective action is appropriate and necessary, the corrective action shall be addressed to the employee and shall include the violation; the specific behavior and the dates of the behavior (when appropriate) that support the charge; the warning that continuance of this behavior will result in disciplinary action; and an offer of assistance in correcting the behavior. A signed copy of the corrective action by the supervisor shall be included in the employee's official personnel file in the Employee Services office, and the employee shall have the opportunity to submit written comments in response to the corrective action to be included in the file. If an employee disagrees with the letter of corrective action, the employee, within seven (7) calendar days, may request a review of the written corrective action by the Administrative Services Director. 22 • •· • ' I - - • • ;- • ,~ • <, ARTICLE 31. SUPPLIES A The City will provide and maintain supplies and equipment for the normal operation of the Fire Department. These include: 1. 2. 3. 4. s. Laundry: linens and cleaning of same. All kitchen appliances and utensils, and repair and/ or replacement of same. Private phone in each station and maintenance and/or repair of same. Maintenance of T. V .s and recorders. Items of hygiene (soap, toilet paper, etc.). B. Toe provisions of this Article will be under the control of the Director of Safety Services. Individual abuse to be dealt with on an individual basis. ARTICLE 32. DRUG TESTING AND PHYSICAL FITNESS Drug testing and physical fitness are permissive subject of negotiations. The City agrees consistent with Article 5 of the Collective Bargaining Agreement to consult with the Union regarding the formation of any drug testing policy or physical fitness program. In addition. it is not the City's intention to institute random drug testing now or in the foreseeable future. ARTICLE 33 . DEATH AND DISABILITY ASSESSMENT For fire fighters hired on or after January 1, 1997, the contribution required by§ 31-31· 811(4), C.R.S., shall be assessed equally against the City and such fire fighter so that fifty percent (50%) of the contribution required by the state shall be assessed against the fire fighter and fifty percent (50%) shall be assessed against the City. ARTICLE 34. EXCLUSIVENESS OF CONTRACT The City and the Union agree that the terms and provisions herein contained constitute the entire contract between the parties and supersede all previous communications, representations or agreements, either verbal or written, between the parties with respect to the subject matter herein. Toe City and the Union agree that all negotiable items have been discussed during the negotiations leading to this contract and, therefore, agree that negotiations will not be reopened on any item during the life of this contract, except by mutual consent of the parties. .. -•• 23 ' • . .. -• "' - • • • IN wrrNESS WHEREOF, the parties have caused this contract to be signed by their respective representatives and their signatures placed thereon. on this _ day of ___ , 1998. at Englewood. Colorado. ENGLEWOOD FIRE FIGHTERS LQCAL#l736 President CITY OF ENGLEWOOD Mayor Attest: City Clerk City Manager 24 .. • • 0 - - • Date December 21, 1998 Initiated By City Council • • I • • <. COUNCIL COMMUNICATION 11 C iv Staff Source Subfect Property Acquisition for Centennial Park Gary Sears, City Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION "'~ The subject property was identified in Englewood's 1979 Comprehensive Plan and the "1997 City of Englewood Recreational Demand and Facilities Analysis" as a future property acquisition for open space linking Centennial Park and the South Platte River Greenway. RECOMMENDED ACTION Staff requests that Council approve the Resolution permitting staff to enter into negotiations for acquisition of certain real property, either through purchase or eminent domain. The property is described in "Exhibit A". See the attached map which indicates the parcel to be acquired. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The subject property is currently vacant land located within the City limits of the City of Sheridan and is zoned 1-1 for light industrial uses. Park land use can occur in any zone district. Use of the property is limited by the fact that this parcel was part of a former county dump. The property is currently undergoing review for use as a trash transfer facility il'I the City of Sheridan. The City recently became aware that the Public Service Company was interested in selling adjacent land and is taking steps to acquire both parcels for park or open space use consistent with Englewood's 1979 Comprehensive Plan . FINANCIAL NPACT Unknown . An appraisal for the subject property is being obtained. UST OF ATIACHMENTS Proposed Resolution Map .. .... • . .. •· • 0 '32xl - • • • RESOLUTION NO. _.o/¥ SERIES OF 1998 • • • lie-;..; A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A PARCEL OF LAND WITHIN THE CITY OF SHERIDAN, COLORADO , WHICH WILL PROVIDE IMPROVED RECREATIONAL FACILITIES TO THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, to protect the health, safety and welfare of the citi7.ens of the City of Englewood, it is nece888J'Y to provide improved recreational facilities ; and WHEREAS, the City of Englewood , Colorado has, in the exercise of its public powers, determined that it is necesaary to acquire property for the purposes of improving the recreational facilities in the City of Englewood. WHEREAS, this property, because of its location, is best suited for the City's purpose; and WHEREAS , this property was identified as a park or open space use in the 1979 "Comprehensive Plan" and the 1997 "Englewood Recreational Demand and Facilities Analysis"; and WHEREAS, this property is now being considered as a waste transfer station; and WHEREAS, it is doubtful that such use would be allowed by the City of Sheridan; and WHEREAS, such a use is not practical nor is it a viable use at this location; and WHEREAS, the City of Englewood has determined it will have funds to purchaae this property; and WHEREAS, a waste transfer facility at this location would cause harm and inconvience to Englewood residents and patrona of Centennial Park ; and WHEREAS, this property is not within the municipal boundaries of Englewood but meets the requirements of 38-1-101 et aeq. C .R.S ., 38-6-101 et aeq . C .R.S ., and 31-26-201 C .R.S .; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNC[L OF THE CITY OF ENGLEWOOD , COLORADO , THAT: $ectjon l . The City of Englewood staff' is hereby authorized and directed to negotiate for the purchase of the following described parcel, and, should the City staff' be unable to agree with the owner of the parcel as to the fair market value, the City Attorney is authorized to commence action in eminent domain to condemn the following parcel of real property as authorized by law: The taking of the following property: That part of the Southeaet quarter of the Northeast quarter of Section 8 and the Southwest quarter of the Northweat quarter of Section 9 , Township 6 South, Ranae 68 West of the Sixth Principal Meridian, City of Sheridan, County of Arapahoe , State of Colorado, described aa follow,: commencinc at the East quarter comer of said Section 8; .. -..... • .. •· • 0 t -...... t\'"'I' . '' . -• • • running thence South 89° 50' 23" West, along the South line of said Northeast quarter, a distance of 659.34 feet, more or le88 , to the Southwest comer of the Southeast quarter of the Southeast quarter of said Northeast quarter; thence North 00° 08' 07'' East along the West line of said Southeast quarter of the Southeast quarter of said Northeast quarter, a distance of 160.28 feet, more or le88 to the TRUE POINT OF BEGINNING at the Northwest comer of a parcel of land deeded in Book 1113 at Page 63 of the Arapahoe County Records, thence, continuing along said West line North 00° 08' 07" East a distance of 688.31 feet ; thence North 00° 08' 56" East a distance of 8.96 feet , more or leSB , to a point on the Southwesterly boundary of a parcel of land deeded in Book 4196 at Paps 380 and 381 of the Arapahoe County Records, said point being on a curve concave to the Northeast with a 30° 11 ' 52" central angle and an 816.62-foot radius, thence Southeasterly along said curve, a distance of 430.40 feet (chord bearing South 49° 11' 51" East a distance of 425.44 feet) to its point of tangency; thence South 64° 17' 47" East a distance of 321.20 feet to the point of curvature of a curve to the right with a 35° 34' 14" central angle and an 456.62-foot radius; thence, alone said curve, a distance of 283.48 feet to its point of tangency; thence South 28° 43' 33" East a distance of 96.16 feet, more or leSB , to a point on the Northerly right-of-way of West Union Avenue; thence South 62° 05' 21 " West along said right.of-way line, a distance of 177 .61 feet, more or le88, to the East corner of said parcel deeded in Book 1113 at Page 63 ; thence, following the Northerly boundary of said parcel, North 64° 07' 43" West a distance of 185.06 feet; thence South 89° 51' 55" West a distance of 538.24 feet , more or le88 , to the TRUE POINT OF BEGINNING , said parcel containing an area of 7.5544 acres, more or le88 . is neceSBary in that a public need exists for improved recreational facilities . $oc;tjpn 2. The Director of Financial Services is hereby authorized and directed to appropriate, aet uide and hold for all nece888ry judpients and awards , eufficient sums &om funda to be budpted in 1999, to be paid as just compensation to the ownen of the property to be taken and such appropriation ,hall not be leu than the highe,t appraiaal value for the parcel in question. ADOPTED AND APPROVED thia 211t day of December , 1998. Thomas J . Burm, Mayor ATTEST: Loucriahia A. Ellie, City Clerk .. • • 0 I - • • • • '· I, Loucriabia A. Ellis, City Clerk for the City ofEqlewood, Colorado, hereby certify the above is a true copy of Reaolution No.~ Series of 1998. Loucriahia A. Ellis .. . ' • .. • • 0 '32xl • -• . • • .. I· • 0 • .... l • • ( . • • • I) • • /I -~.~:i ~:~1~fi IJfi~ I. I -11!8 {'!1'!1·1 i•f~1lf11 (;t'i 1~1-l' ;111 1 l f ~fr Jlt Jl I~ f ~ p .. -ti ~i I f .. ·ti ·1~1 .g .. ~ i ~ •I f r 1 ' I r 1 1- 1 DI .e. l1:...i-1t lhJ !i I,,. , a, •. ," fa.,. 1, 1(1ftJ i!tw!iJ fftf ~I ~~r,l~ 11 ,,~ '·~, sf 'I'!'t .,ru ~11, !i 111•1r s.1111, f, 11~ sf• ' I I ,1 l 1 e t 1t r , . " • . .... "' ' '" ~ n ' I ,-.. (\J Ul ... .,, I a, i ~ "' ...1.11 V, V, .. w "" w a, U1 .,. "" i' I~ i Ui i t J ~, ~ ~ 8 I ;t i I~ I ~ ' a ., . -= ~ ~ ] .... ~ ~ ; i ~~ \~ ~: I r I 0 • -;- ~ . ~ ' .. ' ' -• • I• . • ' .. 12/21/1998 15 :45 3836548771 CO..O . WASTE SYSTEMS PAGE 83 Jl3 D 69 P, B3IIJ IE-21-19 15 :52 D'IER !XNELLY CityC-'M•hll 0. ..... 21.1991 Ptac2 ..._iallili c dliwlllll ... tiaralawlllitaellllilrllll......__ Iaow• c .. ,lili¥1 llllmiar • ... a Jllalllml far w-M a -• iD .. wry ncai& Jllll. ;I c)J / ,....,,_,,...11r ....... if ...................•••• , 1 lawalil, we willdlmlllll ill* .-s =•• fiill.,.. llrdlc pmpll'lJ • ....-I _..11111 .,....ooadudld oar.,....of.,.... •itwill lie__. ............. 11111• ~1aad. IDlllolt,lc:a_..dllCityofEapwoodtlllla Ml ztmof.,....W.- T ..... '1pnipatywillbtc.wt1r 1 e; ............... .• 11 ...... •IO ....... ,... ....... pu1111c ... 11atitlla ____ ._ ... .,.,.._. I woald llape dill ail 11111r will ildllla:c aa111..-..n *•,....._of. die &dlto_.widt•ad....-a&irMII......._•• as vvtwillDatsW.- T ....... lfyw wilb ID clilll:ml tis flaWr, ..... cma:1-II (303) 6So1-02CJO, s--1:,. TCffll.. P.a • " .. • • 0 - ,, • • 0 I• • COUNCIL COMMUNICATION Date Agenda Item December 21, 1998 .t(J C V Initiated By Staff Sources " ~ Subject Award Contract for "Big Dry Creek Channel Improvements at ECIC" Department of Public Works Charles Esterly, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Details of this project were presented to City Council at the August 17, 1998 study session . RECOMMENDED ACTION Staff recommends Council award, by motion, a construction contract in the amount of $98,996.00 to AGE, Inc. for the construction of "Big Dry Creek Channel Improvements at ECIC". Staff has reviewed the qualifications of the low bidder, AGE, Inc., and finds them acceptable . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In 1991, Mr. Don Cameron approached the City requesting a "Special Improvement Districr to construct S . Santa Fe Circle; improvements included streets, water mains, and sewer mains. Community Development, Public Works, and the City Attorney worked with Mr. Cameron to develop an agreement. The agreement and an Ordinance (No. 9 , Series of 1992) were approved by City Council on February 20, 1992. The District was constructed in 1992 and assessments totaling $297,000 for twenty (20) lots were mailed on June 11, 1993. Mr. Cameron defaulted on the assessments. Arapahoe County held a tax sale on June 9, 1995. Thirteen ( 13) of the twenty (20) properties have been redeemed and principle payments totaling $162 ,000 were paid to the City . The subdivision created by Mr. Cameron was certified by Englewood's Flooplain Administrator as outside the 100 year floodplain according to studies completed by Mr. Cameron 's consultants in 1991 and approved by the Urban Drainage and Flood Control District . Subsequent to completion of the District, the City participated with Urban Drainage and Flood Control District in a new survey of the Big Dry Creek Basin . The new flood mapping indicates that portions of the Englewood Commercial Industrial Center (ECIC) are once again within the 100 year floodplain of Big Dry Creek. This new floodplain prevents Mr. Cameron from obtaining financing on portions of the property and inhibits development of several lots. A design for channel improvements which would remove the development form the 100 year floodplain was completed by Muller Engineering in 1997. The design was reviewed and accepted by Urban Drainage and Flood Control District. Construction of these channel improvements restores the value to the undeveloped lots within the floodplain and would insure our collection of the outstanding assessments . Mr. Cameron is required to sign an agreement releasing the City from future litigation regarding this matter if the channel improvements are completed . • ...... ' [fr:\ . , I l r I . •· • 0 f - - • ,, - • • (, FINANCIAL IMPACT As of this date, assessments totaling approximately $135,090 (on seven lots) remain to be paid. The Ordinance creating the District called for an interest rate of 8%. Once the property owner was in default, the interest rate increased to 13%. The document attached, dated December 1, 1998, details the money generated as additional revenue to the City due to the difference in interest rates of 8% and 13%. This total is $94,506 as of December 1, 1998. Typically, land in a floodplain is valued at one-tenth of market value. The value of the four lots not in the floodplain is approximately $388,000 with outstanding assessments of $74,266. The value of the three lots now in the floodplain is approximately $41,000 with outstanding assessments of $60,824. With channel improvements, the value of these three lots is increased to approximately $400,000. Eight bids were received and opened on November 5, 1998 as detailed in the attached Bid Proposal Tabulation . The Engineers Estimate, prepared by Muller Engineering, Is 7% above the low bid. The majority of costs associated with this work are borne by the $94,506 in additional interest that has accrued on these lots. Adequate funding is available in the Special Improvement District Fund No . 1992-ECIC. UST OF ATTACHMENTS Contract Form Bid Tabulation ECIC Tax Lien Status ' ; • . .. • • 0 , - ., 1 2 3 4 5 6 7 8 9 • • •, • '· BIG DRY CREEK CHANNEL IMPROVEMENT AT E.C.I.C . BID PROPOSAL TABULA noN NOVEMBER 5, 1998 Bidder / Plan Holder BauBld Bond Engineer's Estimate $105 ,995.00 DON CAMERON PIONEER SAND CO . s1J1.ses.n y L & M ENTERPRISES $128,319.00 y HUDICK EXCAVATING $111,500 .00 y R Bl $132,888 .00 y SABELL'S ENTERPRISES $134 ,318.50 y NEW DESIGN $137,393 .50 y AGE, INC . $98 ,996 .00 y CONCRETE WORKS OF CO . $240,476 .00 y LOW BIDDER: A. G. E. INC. $11,IN.OO .. Rernarka •, .. • • 0 I • 0 ~ • ' "' ECIC TAX LIEN STATUS • . I j -11/30/98 AMOUNTS DUE CITY TAX LIEN ASSESSMENT ACCRUED INTF.REST (l'I,) PPI STATUS AMOUNT BALANCE 1995 1996 1997 1 lf.JCW91 Talal 2077 -09-3-15 -00I CTL-NOT SOLD/DEV 26,845.00 13,235.27 1,155.01 1,151.22 1,20.32 1,230.19 4,7I0.45 -·-·--21,973.87 2077 -09 -3-17-txll crL-NOT SOLD/DEV 12,520.93 1,001.67 1,081.81 1,1611 .3 5 1,156.67 4,40l.51 !077 .()<). 3-17 -003 CTL-NOT SOLD/DEV 43,916.79 25,024.22 2,001.94 2,162 .0') 2,335 .06 2,311.71 1,110.IO 2077-09 -3-17-004 , CTL-NOT SOLD/DEV 40,854 .45 23,279.27 1,862.34 2,0ll .33 2,172 .24 2,150.51 1,196.42 2077-09 -3-17-006 CTL-NOT SOLD/DEV 24,709 .56 14,079 .75 1,126.38 1,216.49 1,313 .11 1,300.67 4,957 .35 2077 -09-3 -17 -008 CTI.-NOT SOLD/DEV 25,541.31 14,553.69 1,164.30 1,257 .44 1,351 .03 1,344.45 5,124.22 21l77-09-3-17-009 CTI .-NOT SOLD/DEV 56,860.73 32,397 .47 2,591.91 2,799.15 3,023 .08 2.992.15 11406.99 ---··-------· 240,701.71 135,090.60 10,903.55 11,679 .53 12,417 .76 12,613 .19 47,614 .73 PrinciMI Owed 135,0,0.60 Total Owed CilY 112.775 .33 Counlv Fees (1'1) 1,573 .21 Net Owed CilY 114 . .341.55 Tax Lien 240.701 .71 Exccu 56,353 .16 -------- Red Int Rec • '97 11,907.54 Red Int Rec • '98 19,245.92 Total Exccu I 9U06.62 .. ~ .. . l"/1/QR II 111,\M • faic pw I I 10 •IM Pa!!c I I - • ,, -• • ... • • CONTRACT CITY OF ENGLEWOOD. COLORADO THIS CONTRACT and agreement , made and entered into this 21ft day of lali:I .... L_~~~~~~~~• 19ct~•~~-by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the "City•, party of the first part , and A 9 S, i,ac. , hereinafter referred to as the •contractor·. party of the second part. WITNESSETH, commencing on the 21ft day of 9£TPIP 19,.._____, and continuing for at least ten (10) days thereafter the City advertised that sealed proposals would be received for furnishing all labor, tools. supplies, equipment, materials and everything necessary and required for the following: PROJECT: De M• An: QrMk OsmsJ In MY t a\ •,c;.:t.c;. b91aat; WHEREAS. proposals pursuant to said advertisement have been received by the Mayor and City Council and have been certified by the Director of Public Worlta to the Mayor and City Council with a recoamendation that a contract for said work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore, and WHEREAS. pursuant to said recoaaendation the Contract has been awarded to the above named Contractor by the Mayor and City Council and said Contractor is now willing and able to perform all of said work in accordance with said advertisement and his proposal. NOW THEREFORE. in consideration of the compensation to be paid the Contract, the mutual agreements hereinafter contained are subject the terms hereinafter stated : A. Contract poeumants : It is agreed by the parties hereto that th• following list of instruments, drawings and documents which are attached hereto, bound herewith or -20- .. • • 0 f 32xl - • • • • incorporated herein by reference constitute and shall be referred to either as the Contract Documents or the Contract and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of this agreement as if they were set out verbatim and in full herein: Advertisement of Notice for Proposals Proposal Contract (this instrument) Performance Payment Maintenance Bond Receipt, Release, Waiver of Claims Special Provisions General Conditions Detailed Specifications Plans and Drawings B. Scope of Work: The Contractor agrees to and shall furnish all labor, tools, supplies, equipment. materials and everything necessary for and required to do, perform and complete all the work described, drawn, set forth , shown and included in said Contract Documents . c . Terms of Performance : The Contractor agrees to undertake the performance of the work under this Contract within ten (10) days from being notified to commence work by the Director of Public Works and agrees to fully complete said work within forty-five (45) consecutive calendar days as detailed in Section 2. Special Provisions, plus such extension or extensions of time as may be granted by the Director of Public Works in accordance with the provisions of the General Conditions. D . Tenns of Payment : The City agrees to pay the Contractor for the performance of all the work required under this contract, and the Contractor agrees to accept as his full and only compensation therefore , such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor's Proposal hereto attached and made a part hereof , the total estimated cost thereof being IIDIITJ nan T19911P'PIPI --,-pp IIDIITJ Ill M4 ao dollar• <IH,Hl,OO >. E . Appropriation of Funds : At present , 111,111,00 has been appropriated for the project . Notwithstanding anything contained in this Agreement to the contrary. in the event no funds or insufficient funds are appropriated and budgeted by the governing body or are otherwise unavailable by any means whatsoever in any following fiscal period for which appropriations were received without penalty or expense except as to those portions of the Agreement or other amounts herein for which funds have already been appropriated or are otherwise available . -2 1 - -•• , • • • 0 f - - • I' - • ,. • ' <. The City shall immediately notify A..__~G'--"'lu,._.;p ... c~·~~~~~~~~~~~~~~ or its assignee of such occurrence in the event of such termination . F . contract Binding: It is agreed that this Contract shall be binding on and inure to the benefit of the parties hereto , their heirs , executors . administrators, ass i gns , and successors . IN WITNESS WHEREOF. the parties have caused these presents to be signed personally or by their duly authorized officers or agents and their seals affixed and duly attested the day and year first above written. This Contract is executed in~counterparts . CITY OF ENGLEWOOD by Mayor Party of the First Part ATTEST: Contractor City Clerk Approved as to form: by Party of the Second Part City Attorney ATTEST : Secretar y -22- ... .. • • 0 - • • RESOLUTION NO. i/l!J. SERIES OF 1998 <. • • • A RESOLUTION SPECIFYING AID TO OTHER AGENCIES FOR 1999 BY THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the City Council of the City of Englewood, Colorado di8cuaaed the appropriations to other agencies for the year 1999 on December 14 , 1998 ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : $es;t,jon 1. The following designations are hereby made to the appropriations in the 1999 Budget of the City of Englewood, Colorado for aid to other agencies; SOURCE OF FUNDS · Total 1999 Budget for Aid to other Agencies $23,000.00 DESIGNATIONS FOR USE : Inter-Faith Task Force Town of Littleton/Meals on Wheels Gateway Battered Women's Shelter Court House Inc . Arapahoe County Metro Mayors and Commissioners Youth Award Discretionary Funds Total $15 ,000.00 S 3 ,000.00 S 1,000 .00 S 1,500.00 S 500 .00 S 200000 $23.000 .00 ADOPTED AND APPROVED this 21st day of December, 1998. Thomas J . Burns, Mayor ATTEST : Loucrishia A. Ellio , City Clerk I , Loucriahia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .~ Series of 1998. Loucriahia A. Ellis .... •, ' 12 b i .. •· • 0 ' -~ I,.,.,> , 2 I - , 1. 2 . 3 . 4 . 5 . Call to order. Invocation. • • t• • '· AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY , DECEMBER 21, 1998 7 :30 P .M. Pledge of Allegiance . Roll Call . Minutes. a . Minutes from the Regular City Council meeting of December 7, 1998. 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) a . Stan Lange, Chair of the Clean, Green and Proud Commission/Keep Englewood Beautiful will present awards to the winners of the Holiday Lighting Event. 7. Non-Scheduled Visitors. (Please limit your presentation to five minutes.) 8 . Communications, Proclamations, and Appointments . a . Letter of resignation from Council Member Lauri Clapp . b . Brief reception . 9 . Public Hearing. (None scheduled) ,- PINN noea : It you hllW • 1111 tlllJ and,....-, alda • •wta11, ....... nalllY .. ca, al ., ..... ood (JOl.712-240I) al ..... 41 .... In..__ ...... ..,,.._ .. ........_ T-* ,-. .. • • • 0 • • .. - 0 - Englewood City Council Agenda December 21, 1998 Page2 10. Consent Agenda . a. Approval of Ordinances on First Reading. i. Council Bill No . 81 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance authorizing an Intergovernmental Agreement with Englewood Schools to host a website for Englewood Schools. STAFF SOURCES: Frank Gryglewlcz. Director of Financial Servlcn, and Chrta Diebold, Manager of Information Technology. b . Approval of Ordinances on Second Reading . i. Council Bill No. 79, approving Southgate Supplement #139 . ii. Council Bill No. 80, adding new language to Title IV of the Englewood Municipal Code regarding sales tax treatment for fund-raisers . c . Resolutions and Motions. 11 . Regular Agenda. a. Approval of Ordinances on First Reading. i. Council Bill No. 74 -Recommendation from the City Attorney to table the agreement with Metricom. ii. Council Bill No. 82 -Recommendation from the City Manager's Office to adopt a bill for an ordinance approving an Intergovernmental Agreement with the City of Sheridan for Englewood to provide in-kind contributions for the renovation of the Oxford Bridge. STAFF SOURCE: Gary Seara, City M.,,..,. b. Approval of Ordinances on Second Reading . c. Resolutions and Motions. i. Recommendation from the Library to approve, by motion, a contract for development and installation of a smart-card Internet access control system for the Englewood Public Library . Staff recommends awarding the contract in the amount of $108,050 to Amazing Smart Card Technologies . STAFF SOURCE: Hank Long, Ubrary Dl1'9Ctor. ii. Recommendation from the Department of Financial Services to adopt a resolution approving supplemental appropriations to the 1998 Budget. STAFF SOURCE: Frank Gryglewlcz, Dl1'9Ctor of Financial SemcN. iii. Recommendation from the Department of Human Resources to adopt a resolution approving the Englewood Firefighters Contract tor 1999/2000. STAFF SOURCE: SUUn Eaton, Dl1'9Ctor of Human Aeeoun:IN. PINN nola: If you hew a dlubllMy and IINcl...., .._ or ..... 111111, plaw nolfy ._ City ol lqlsaood (303-712-240I) .......... houn In ...... ol whln..,,... ......... Thmk ,au. -•• •· • , 2 -• • • , . • Englewood City Council Agenda _, December 21, 1998 Page3 iv. Recommendation from the City Manager to adopt a resolution authorizing the City Attorney to negotiate for the purchase of property and, if unsuccessful, proceed with condemnation. STAFF SOURCES: Gary Sears, City Manager and Dan Brotzman, City Attorney. v. Recommendation from the Department of Public Works to approve, by motion, a contract for Big Dry Creek Channel Improvements at the Englewood Commercial Industrial Center. Staff recommends awarding the bid to the low bidder, AGE, Inc., in the amount of $98,996.00 STAFF SOURCE: Chuck Eaterty, Director of Public Worb. 12. General Discussion. a . Mayor's Choice. b. Council Members' Choice. i. A resolution approving Aid to Other Agencies for 1999. 13. City Manager's Report. a . Englewood Center Update. 14. City Attorney's Report. Adjoumment. The following minutes were transmitted to City Council between 12/4198 and 12/17/98: • Englewood Public Library Board meeting of November 10, 1998. ,... __ .,.. ....... ,., ....... ....., ......... 111, ................... ON (lll-1'12-1411)81 ..... 41 ............................... ......_ T-* ,-. .. • • 0 I ~• - • • • • ... AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY , DECEMBER 21 , 1998 7:30 P.M. 1. Call to order . 2. Invocation. 3. Pledge of Allegiance . 4. Roll Call . 5 . Minutes. a . Minutes from the Regular City Council meeting of December 7, 1998. 6 . Scheduled Visitors . (Please limit your presentation to ten minutes.) a. Stan Lange , Chair of the Clean, Green and Proud Commission/Keep Englewood Beautiful will present awards to the winners of the Holiday Lighting Event. 7 . Non-Scheduled Visitors. (Please limit your presentation to five minutes .) 8. Communications, Proclamations , and Appointments. a . Letter of resignation from Council Member Lauri Clapp . b . Brief reception . 9 . Public Hearing . (None scheduled) ....._noe.: lfyouhawa 1 tlllltand,.........,aldaor•rla11,....._..., .. ca,.,.._mood (JGI-Ja-240l)al ..... 4IIIOlnln ............ ..,,.... ............... ,... • . • • • 0 , 2 I - • • • • Englewood City Council Agenda December 21, 1998 Page2 1 o. Consent Agenda. a . Approval of Ordinances on First Reading . i. Council Bill No. 81 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance authorizing an Intergovernmental Agreement with Englewood Schools to host a website for Englewood Schools. STAFF SOURCES: Frank Gryglewlcz, Director of Financial Services, and Chris Diebold, Manager of Information Technology. b . Approval of Ordinances on Second Reading . i. Council Bill No. 79 , approving Southgate Supplement #139 . ii . Council Bill No. 80, adding new language to Title IV of the Englewood Municipal Code regarding sales tax treatment for fund-raisers . c. Resolutions and Motions . 11 . Regular Agenda . a . Approval of Ordinances on First Reading. i. Council Bill No. 74 -Recommendation from the City Attorney to table the agreement with Metricom. ii. Council Bill No. 82 -Recommendation from the City Manager's Office to adopt a bill for an ordinance approving an Intergovernmental Agreement with the City of Sheridan for Englewood to provide in-kind contributions for the renovation of the Oxford Bridge. STAFF SOURCE: Gary SNra, City Manager. b. Approval of Ordinances on Second Reading. c . Resolutions and Motions. i. Recommendation from the Library to approve, by motion, a contract for development and installation of a smart-card Internet access control system for the Englewood Public Library . Staff recommends awarding the contract in the amount of $108,050 to Amazing Smart Card Technologies. STAFF SOURCE: Hank Long, Ubrary Director. ii. Recommendation from the Department of Financial Services to adopt a resolution approving supplemental appropriations to the 1998 Budget. STAFF SOURCE: Frank Gryglewlcz. Director of Flnanclal 8er'"-lloN. iii. Recommendation from the Department of Human Resources to adopt a resolution approving the Englewood Firefighters Contract for 1999/2000. STAFF SOURCE: Suun Ealon, Director of HUIIWI IINoun:ee. PINN nole: It you heve a dlt Idly and need....., ... or• f1a11 1 plwe ...... Cllr ol 11 .... mood (30S-712-240l)at ...... llcua In ..... o1 .................. n..,-. ... .. I· • I - - • • • t~ . • ' .Englewood City Council Agenda ,~ December 21, 1998 Page3 iv . Recommendation from the City Manager to adopt a resolution authorizing the City Attorney to negotiate for the purchase of property and, if unsuccessful, proceed with condemnation . STAFF SOURCES: Gary Sears, City Manager and Dan Brotzman, City Attorney. v. Recommendation from the Department of Public Works to approve, by motion, a contract for Big Dry Creek Channel Improvements at the Englewood Commercial Industrial Center. Staff recommends awarding the bid to the low bidder, AGE, Inc., in the amount of $98,996 .00 STAFF SOURCE: Chuck Esterty, Dlnictor of Public Worb. 12. General Discussion . a. Mayor's Choice . b. Council Members' Choice . i. A resolution approving Aid to Other Agencies for 1999. 13. City Manager's Report. a. Englewood Center Update. 14. City Attorney's Report. Adjournment. The following minutes were transmitted to City Council between 12/4198 and 12/17/98: • Englewood Public Library Board meeting of November 10, 1998 . ' • . .. • • 0 - • PLEASE PRINT NAME CCS1GN1 • • • PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS DECEMBER 21, 1"8 ADDRESS TOPIC . ' • • 0 - • • • • • PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS DECEMBER 21, 1118 IIAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PER SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME CCS1GN1 AQPRESS - . " • • • t~ . • ' ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLOllADO lleplarScllicNI DECEMBER 21, 1991 1. Call to Order The regular meeting ofdle Englewood City Council -c:alled ID order by Mayor Burm at 7:30 p.m. 2. lllwutiea The invocation wu given by Council Member Nabholz. 3. l'ledF ol AJlealewe The Pledge of Allegiance -led by Mayor Burm. 4. RaUCall Prment: Abaenl A quonam WU prcllCDl. Coucil Mcmben Nabbolz. Clapp, Gama. Bndlbaw, Hlbeaicbt. Wagoner, Burm None Also pracnt: City Manlpr Scars City Attomcy Broczman Deputy City Om Callie 5. Miaatel Direclor Orypwic:z. FilllllCill Scmces Direclor Loac. Lilnry Scmcel Direcmr e.aa. 8-11 Jtaaan:el EqiDeeriq Maaapr ICallm Muicipal ... Aam:io (a) COUNCIL IIDl8D allANIIAW IIOVD, AND n WAS SECONKD, TO APPROVE TIIE MINUTIS or TIIE UGULAR JIIDTING OP N.CIIIMJI , .... Ayes: Coucil Maalla'I Nlllllalz. Gunll. Bndmw, Hlbalidll. Wagoner, Clapp, Burm Nays: None The motion carried. 6 . Sc...w Vililen (a) Siu Lanae, Cbair of die Clean, Gna and Proud Commillion pramed .... ID die winners of die Holiday UgllliDa Event. He thanked Coucil b die oppor1llllity to ,.._ die a-mil Annual Holiday Upling E-vall Awards. Mr. Lanp adviaed dlllt dlis ii die ..-...._ of ' • . s. .. • • 0 - -" Englewood City Council December 21, 1998 Page 3 Abstain : The motion carried. • • • Council Member Clapp Mayor Bums pl'Cllellted a card to Ms. Clapp from the members al Council, and a plaque. Mayor Bums read the following wording from the plaque: MPraenlecl to Lauri Clapp in appreciation for her leadership and dedication to the aJ111111WUty as a Council Member, Jammy 20, 199S to December 31, 1998 from the Englewood City Council." Mayor Bums 111111m tbal it lbould read Now:mbea' 20, I 995, rather than January . He went on to say that Ms. Clapp bad lelwd oa the Englewoocl Downtown Dewlopmenl Authority Board, the Scbool/Couacil Liai-. and -1 Giber coauni1tees since she bas been on Council . Mayor Bums said -really wish her well, adding tbal we have aeen her grow and malUR as a member of this Council. She bas been oajusl a a,aple afyears and she bas already deYated bendfto the State Legislature, IO WC arc very happy to have • friend there, and WC will be delighted to -her up there. We wish her the very best, be said, adding that the comction will be made to the plaque. Council Member Clapp said it really bas been an honor to ICrVe with this Council . It really is bumbling and an honor to serve the people of Englewood. She said she looks forward to serving at the next lew:I, and that she is very excited about some of the worts that they have done as a Council, adding that she bcliew:s that Englewood bas a very, very bright future. lbis is a bitterswect moment for her, she said, but she looks forward to a,ntinucd service. Mayor Bums asked Ms. Clapp to introduce her family. Sbe introduced her husband, Rolley Clapp, her daughters, Nataly and Candace Clapp, her son Colton Clapp, and her very best child care provider, Mary Stipe. Mayor Bums presented a bouquet of flowers to Council Member Clapp. (b) Council broke for a brief' receplioa at 7:45 p.m. lloaoriDg Council Member Clapp, l'CCOm'aling at 8 :07 p .m ., with all members..--. 9 . l'lllllic Bearills No public bearing was ICbedulcd bdoR CounciJ . 10. C....A..- COUNCU. MEMBER WAGGONER MOVED, AND ff WAS SECONDED, 10 Al'l'llOVE CONSENT AGENDA ITEM 10 (a) (I) ON '111ST HADING. (a) Approval of Ordinances on Finl Reading (i) COUNCIL BILL NO . 81 , INTROOUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AU1HORIZING AN INl'ERGOVERNMENI' AL AGREEMENT BETWEEN 1lfE CITY OF ENGLEWOOD, COLORADO AND ENGLEWOOD PUBLIC SCHOOLS WHEREBY ENGLEWOOD WILL HOST 1lfE ENGLEWOOD PUBLIC SCHOOLS WEB SITE . Voteraalu: Ayes : Council Memben Nallbalz, Garrett, Bl'ldsbaw, Habcaicbt, Wagoner, Clapp, Bums ' ...... ,. - .. •· • 0 ' - • • • I • - ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO DECEMBER 21, 1991 1. Call to Onler The regular IIIClding of the Englewood City Council -called to order by Mayor Bums at 7:30 p.m. 2. Iavocatioa The invocation was giwn by Council Member Nabbolz. 3 . PJedae fl AJle&ieett The Pledge of Allcgianc:e -led by Mayor Bums. 4. RollCall Present: Council Members Nabbolz, Clapp, Gama. Bradshaw, Habenicht. Waggoner, Bums Ableol A quorum was pracnl None Also preseat: City Maaagcr Sears 5. Minuta City Allomcy Brotzm111 Deputy City Clerk Castle DiRdor Gryglewicz. FinaDcial Services Director Long. Library Services Director Ealon. Human Raoun:es Engineering Maalgcr Kalua Municipal Judge AICDCio (a) COUNCIL MEMBER allADSBAW MOVED, AND IT WAS SECONDED, TO APPROVE TIU MINUTES 01' TIU REGULA& MEETING 01' DUSMaD 7, 19'1. Ayes : Council Mcmben Nabbolz. Gama. Bradlbaw, HlbcDic:lll. Waggoner, Clapp, Bums Nays : None The motion carried. 6 . Sclledaled Vbiton (a) S1a11 Lange, Chair of the Clean, Green and Proud Commilliffl praemed IIWlldl to the winnen of the Holiday Lighting Efflll He !banked Council for die oppol1llllity to..-die Elc\ath Annual Holiday Lighting E\'Cllt Awards. Mr . Lange ldviled tblt dlil ii die .......... of •• ...... ,,_ • - .. I· • 0 • • • Englewood City Council December 21 , 1998 Page 2 • 0 • I • .. participants we have ever bad in the C\'eot and it -very unpressM that so many people worked so hard to brighten our city. He asked Mayor Bums to assist with the following pn:1CDtations : 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 Sbcnnan Sueet Dennis and Kathy e-. 4045 South Elati Sueet Christopher Cailloud, 4465 South Grant Street Rich and Peggy Cole, 3017 South Pennsylvania Street Tom and Carol Gibson, 4801 South Inca Street Mark A. Greiner, 2875 South Delaware Street The Leff Family, 350 F.ast Belleview Avenue Gilben and Laurie Mears, 3742 South Sherman Strcct Darlene Recd. 1050 West Oxford Avenue Deborah and Gary Walters, 3740 South Sherman Street Charles and Balbara Willingham, 4233 South Sherman Street Steve and Leslie Ward, 393 5 South Inca Street Randahl and Tammi Headley and Family, 4315 South Lipan Street The Miller-Bargas Family, 4104 South Sherman Street Ron and Melanie Klocwer, 5041 South Elati Street Skinner's B-G Kennels, 1101 West Quincy Avenue Dwight P . Latham, 2971 South Emerson Street Chuck Greer, 3701 South Huron Street Charley, Carol and Bill Van Amam, 4435 South Grant Street Gary, Lori, Joe and Jon Southwell, 4450 South Grant Street Richard and Alice Klocwer, 4990 South Elati Sueet Mayor Bums thanked all the panic:ipants in the event. IS well as Mr. Lange and the Clean, Green and Proud Commission mmibcn for all their hard wort and dl'ons . 7. Non-tebeduled Vllliton There were no non-scheduled visitors. 8. Communications, Proclamatioa1 ud Appoiatmeall (a) A lener of resignation from Council Member Lauri Clapp was received . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET A LETIER or RESIGNAnON FROM THE ENGLEWOOD CITY COUNCIL FROM LAURI CLAPP, AND WISHING HER THE BEST or LUCK IN Bil NEW ENDEAVORS. Mayor Bums advised that Ms . Clapp was elected in November to the State House of Representatives and will lake office in January of 1999. The resignation is dl'ectivc IS al December 31 , 1998, he said, so she will participate in tonight's meeting . Mayor Bums lllid that it has been a great pleasure to have served with Council Member Clapp, and we all accept this leaer with regret. Vote realtl: Ayes : Nays : .... Council Members Nabholz, Garrett, Bradshaw, Habenicbt, Waggoner, Bums None I· • C , • • Englewood City Council December 21, 1998 Page 3 Abstain: The motion carried. • • • Council Member Clapp Mayor Bums praenlal a card to Ms. Clapp from the members fl Counc:il, and a plaque. Mayor Bums read the following wording from the plaque: "l'ft:lalled to Lari Clapp in apprecialion for ber leadership and dcdialtioo to the a,mmmity • a Council Member, 1-, 20, 1995 to December 31, 1998 from the Englewood City Council.~ Mayor 811m DIiied dial it moald read November 20, 1995, rather than January . He MIil on to ay dial Ms. Clapp llad mwd • die Eqkwood DownloMI Dewlapment Authority Board, the Scbool/Council Liai-, ud _. Giber COllllllilleel since she bas been OD Council. Mayor Bums said we ndy wish ber well, adding dial we aw eea ber pow and mature as a member fl this Council. Sbe bas been on jUlt a couple «)all• Ille bas already elevaled bcnelf to the SWe Lcgillalwe. 111 we an: vay bappy ID ~ a friend there, ud we will be cleligblcd to 1ee ber up there. We wish ber the vay belt, be said, adding that the correction will be made ID the plaque. Council Member Clapp laid it rally bas been an honor ID 1ene witb this Council . It rally is bumbling and an honor ID 1CNC the people «Englewood. She said she loob forward ID lelVing • the DCXt le\-cl, and that she is vay excited about anc of the woits that they ~ done • a Council, adding that she believes that Englewood bas a vay, vay bright future . This is a bittersweet -.em for ber, she said, but she looks forward ID allltinued service . ~ Bums asked Ms. Clapp ID introduce her family . She inlroduced ber husband, Rolley Clapp, ber daughters, Nalaly and Cadace Clapp, her son Colton Clapp, and ber vay best child can: providec, Mary Stipe. Mayor Bums p"CICIIICd a bouquet fl Oowcrs to Council Member Clapp. (b) Council broke for a bridrecepuao • 7 :45 p.m. boaoriDg Council Member Clapp, m:onvening 111:07 p .m ., with all members pramt. 9. ..blk Beariq No public bearing was scheduled bd'orc Council . COUNCB. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (a) (I) ON mtST READING • (a) Approval of Ordinances on Finl Reading (i) COUNCIL BILL NO . II , INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDlNANCE AU1llORIZING AN IN'll::RGOVERNMENT AL AGREEMENT BETWEEN 1llE CITY OF ENGLEWOOD, COLORADO AND ENGLEWOOD PUBLIC S0100LS WHEREBY ENGLEWOOD WILL HOST 1llE ENGLEWOOD PUBLIC SCHOOLS WEB SITE. Ayes : Council Mmbcn Nlbllolz, Gama, Bndlllaw, lflbenicbt, Wagoner, Clapp. Burm .... - ,, - • . I· • f 32xl • Englewood City Council December 21, 1998 Page4 • 0 I• • Nays : None The motion carried. (b) Approval of OrdinlDces OD Second Reading ,. - COUNCR. MUDICR allADSIIAW MOVICD, AND IT WAS SICCONDICD, TO APPROVE CONSICNT AGICNDA ITDIS 10 (II) (I) U4II (Ii) ON SICCOND RICADING. (i) ORDINANCE NO. 87, SERIES OF 1998 (COUNCll.. BD..L NO. 79, INTRODUCED BY COUNCll.. MEMBER BRADSHAW) AN ORDINANCE APPROVING SUPPLEMENT NO. 139 TO 11IE SOlTilfGATE SANITATION DISTRICT CONNECl'OR'S AGREEMENT FOR 11IE INO.USION OF LAND WITHIN 11IE DISTRICT BOUNDARIES . (ii) ORDINANCE NO. II, SERIES OF 1998 (COUNCll.. BD..L NO . IO, INTRODUCED BY COUNCll.. MEMBER BRADSHAW) AN ORDINANCE AMENDING 1111.E 4, SECTION 4, SUBSECTION 2, OF 11IE ENGLEWOOD MUNICIPAL CODE 1985, BY 11IE ADDmON OF A NEW PARAGRAPH D AND 11IE RELETI'ERING OF PARAGRAPH D TOE, PERTAINING TO CHARITABLE FUNDRAISING SALES TAX LEVY. Voteraaltl: Ayes : Nays : The motion carried. Council Members Nabbolz, Garrett, Bradshaw, Habenicht, Wagoner, Clipp, Bums None (c) Raoluliom Md Molionl There were no additional reaolutioal 111d moaou submiaed for lppl'OYBI . (See Agenda Item 11 -Regular Agenda.) II . ReplarA,-la (1) Approval of OrdinlDces on Finl Reading (i) A recommendalioa from City AltiDnlCy en.z-ID 11b1e tbe qreemeat with Mctricom was COlllidered. COUNCR. MUDD allADSIIAW MOVICD, AND IT WAS SICCONDICD, TO Till.IC AGICNDA ITEM 11 (a) (I) • COUNCR. aD.J.. NO. 7C.. Mayor Bums llked if it Ilka two tbinll wtc to briq lhil back. City AIIDnley Braczman aid 11111 is cornet. That is tbe recommendalion. .. ... Ayes : • ...... •. ... • • 0 - • • • Englewood City Council December 21, 1998 Page 5 Nays: Abstain: The motion carried. • 0 I • • None Council Member Garrett (ii) City Manager Scars presented a recommendation to adopt a bill for an ordinance approving an Intergovernmcntal Agreement with the City of Sheridan for Englewood to provide in-kind contributions for the renovation of the Oxford Bridge. Mr. Scars stated that, in the audience, was Randy Young, City Administrator for the City of Sbcriclan. We know that this work is planned to stan soon, and the City of Sheridan bas been very successful in getting the private sector to participate in the cost of the bridge, be said. We will be needing to relocate a water line on the bridge itself, which will be in the neighborhood of $50,000 within our current funds. In any event, wc would have had to relocate that water 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 best that it can be. It is a great opportunity, because the State is forwarding eighty percent of the cost to do the improvement, so wc would recommend strongly that Council approve this, he said. COUNCIL MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Ii) -COUNCll. Bll.L NO. 12 ON FIIIST HADING. Mayor Burns COllllllalled that -llaYc awiduable wabialicw fna lhc businesses in the area that use that bridge. and-wuaialicw rn. die a-y, •well.ID it is a oomiclc:nblc privaae/public partnership that WC are WOltiJlg OD lleft . Council Member Waai-, ... ii._ la._. lillllft die w .. ad Se-.er Board. City Attorney Brotzman said he does .. bdiewe it la Mr. w.....-.._. ~• ..... fl) hcforc the Water and Sewer Board. Council Member Bradlllaw ad ao Mr ..._ -, wllile dleft is a large portion that is the water line. we are also cloiag odlcr ilHaad an-. ID • 11111 CIK.. • decided not to take it before Water and Sewer. Mayor Bums asked if the Waler liae is hc:ills ..... far"" die w .. Ulllity. Mr . Brotzman said the Water Entc.,,,-isc is doing thaL Mr. Waggoner said the way he reads this. there are a CIOllplc al cocillutions, one by the General Fund, which is not to exceed $50.000, but theR is also a coatribution from the Utility Fund that is not listed in the resolution or the agreement. City Manager Scars said that is tnac, and we probably should have lilled that the $50,000 is really going to come from the Water Utility,• oppoml to the General Fund . Mr. Wagoner asked if there are two amounts of $50,000. Mr. Scars rcspoaded that there is only going to be oae contribution of $50,000 tocal for the City. The intcrgovcmmcnta agreement reads alright, then, Mr. Waggoner allowed. He read " ... appropriate for and provide an ilHiDd COlllribulion aCSS0,000 to City aCSbcridan ... " and that's it, he said. There is nothing in tbcrc that said aaydliag about the Utility FUDd, but in the Council Communication it said that the City aCEapwood is bciDg llked to provide ICrVices not to exceed $50,000 from the Gcncra1 Fund, then it says coatribulions from the Utility Fund will be u appropriate for the value of enhancements received. Mr . Scars said that was wrongly put in there. We really are looking at the $50,000 to come from the Utility Fund, total from the City, and that is in in-kind contributions. I don't know exactly what our utility costs will be, he said, for the Mier line, but if it doan 't need that ... • I· • '32xl - • Englewood City Council December 21, 1998 Page6 • 0 • : . Mr. Waggoner said they were going to upsize the water line so we would have to pay the difference. Mr. Scars said right, and that is going to be up in addition to what the SS0,000 would amount to, but our total in-kind contribution from all soun:cs 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 tolal this figure. We sbould be close to a figure of about SS00,000 right now, he said, or a little more than that, for the in-kind cootnl>ution. The actual contract on the bridge itself is coming in less than the grand amount, even at this poinL That's with the original scope of the project, he said, and what we arc trying to do now is expand the scope of that project as large as we can to 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 we were a little over SS00,000 on our match. he explained, pan of that being some other in-kind services, other utility relocations that can be counted in as in-kind. That 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 ifhe thinks he is close enough. then, to the twenty percent. Mr. Young said yes, we arc assured. We have also brought O'Brien-Kreitzberg, a construction management team, on board for this project, basically to look at this from an owner representative's point of view. They 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 are 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 obtain a very competitive price to do that with, he added. We are looking at beginning consuuction the firsl pan of January, or by the middle of January, to be in the river this January. The timeline aam:ntJy 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, Littlelon and Sheridan have worbd together on the clevelopmeat 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 oo down . She asked bow things are coming along with that, and if the attractiveness of the bridge would match the quality that we have been trying to develop along Santa Fe . Mr Young responded that what we arc trying to do again by expanding the scope of this project, and what you sec on this letter represents the minimum commitments that we 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 DcWalt Steel, so now they have the capability to help take the bridge down, he explained. and destroy the existing structure. 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 at a minimum COIL With the coatribution level we are at now, we are looking at expanding that scope to where we can certainly Slart addressing more of the landscaping illues, and more of the textures. What we would like to do is keep the texture, for instance, of the concrete, the colon used in the concrete, the same as the Santa Fe corridor, so we can tie in that whole corridor theme into the Oxford corridor. Mr. Young said, ideally, we would address lighting. but again it is going to clepend on how much everybody steps up to the plate at the end of this thing. All these b111in c r have indicated to us, also, that they would like to see it four lane completely tbrougb that corridor. Right now, it is probably about fifty or sixty percent four lanes approaching it, he said. Where we are lacking is where you bit the • ' ,,, - ., I· • C • • • Englewood City Council December 21 , 1998 Page7 • 0 • ,, _ bridge and go west towards Clay Street or Federal, there are still some sections in there where we need to add asphalt and get widened. Most of these busillCSICS are stepping up and saying if we are going to do it, lets do it right while we are doing this project. so I think you are going to sec more a,ntributions a,ming in to make that happen, he opined. As that happens. we 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 votes in favor of this, that she is not voting to exac:erbale some of the oeptive visual impacts that we ~ across Oxford on some of the terrible piles of debris. Mr. Young responded that they~ been worting quite clolely with Western Metals, and he said he apologi7.es to this Council and to bis Council for lcaiDg that get out of band and out of a,ntrol. In conversations with Western Metals OYCr the previous year, we found that they switched out a lot of their machinery and, therefore, began stockpiling those vehicles. Thal will DOC happen again, he asserted, and as far as he is aJIICCnlcd it should never ~ gotten to that level, and we will certainly maintain that that doesn't happen. Pan of expanding the scope. he a,ntinucd, is to do IOIDething right now that we wercn 't addressing in the initial scope at all, that soutbem side on the cast of the bridge, with c:wt, and gutter or anything. He said he would like to worlt with Western Metals and get something done with that section in there, too. Not C\'CII looking at the mountains of cars, but if you just look at the frontage there, it is pretty rough looking and we need to do something with that. They ~ been approaching railroads for the last a,uple of years. and most of that is railroad right-of-way. There actually used to be a railroad track across the Platte River just south of the existing bridge that goc washed out in l 96S and has not been replaced. There is some question whether that is ever going to be replaced, and if not, we need to wort with the railroad to try and do something with that area to try and dress it up a linle bit, too, he said. Mr. Young said he realizes 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 a,ntnl,utions as we get into this project. Mayor Burns asked if those a,ntributions are outside of this immcdiale project and what other things that they are trying to do with further a,ntributions. Mr. Young said right, these are the real basic: nwnben they used to try to get to the minimum in-kind level to make the commitment for this grant money to move forward with the project. What we are looking at doing is coming back in and, by Febnaary, we'll have a couple of meetings with our Council, and we encounge you to look at that with us and see what we want We haven't really even designed the bridge, other than the basic: four lane bridge, so we really need to do some design criteria, he said, to get to where we want to be once we ~ those final commitments. Council Member Bradshaw said she would like to compliment Mr. Young OD reducing that Slack across from the golf course . She said he has done an adminblejob. Mr. Y~ said it WISD't easy . ltlooked a lot worse for a loag time, he said, beclule they started pulling down from the IOUlh side of that Slack and he kepi assuring me that it -ping down, but unlell you walked IIOWld 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 he tried to get that addralcd. Council Member Nabholz also thanked Mr. Young for getting the pile Rduccd, adding that she hopes it mainlains that way. She asked if this is something that we, as a Tri-Cities, should look at, where Littleton is involved, as well . Mayor Bums said Littleton really isn't iDwmd at all. Council Members Bradshaw and Habenicht agreed that it should probably be just Englewood and Sheridan . Mayor Burns a,mplimentcd Mr. Young for looking at Olber impnMlllents along that road outside of the bridge project, because that would really i.mprcM the whole area iwer thele. Mr. Young said there are still a few along there that we still need to rc-apprnach and see if we can get some contributioa . We haven't been successful to date. -. . t~i) • • Englewood City Council December 21, 1998 Pagc8 • 0 -,. Ms. Habenicbl said it might not be a bad idea to mcct with Tri-Cities and bring them up to elate on this, as we IIIOYC toward the cnb•DC'ffl!C'lds, to have the three cilia working togetbcr • put of the project Council Member Bndlbaw said she thinks keeping them advillld is fine, but she did not feel we IICled to mcct with them on this. Sbe said we coulcl advill: tban wbcnm:r -do get together and mcct, wbcneYer that is. Ms . Habcnicbt concumd. Ms . Nabbolz said she thinks it is very important that -do keep them advised. Mr. Young said be thinks tbal is ICJIDdbing we were looking at a a Tri-Cilia as we expand down this corridor, to keep each other appriled and keeping the IXllllinuity. City Manager Sean said especially when it comes to color UICI type of design along Santa Fe. Going back to Council Member Waggoia's queslion. tbe flOlal level of commitment is the $50,000 of in-kind service for the bridge. He asked Mr. YCIWII if that is the oaly tbing tbal be w contemplating 6om tbe City of Englewood al this point in lime. Mr. Young lapoaded tbal that is a>rrcct, it is basically the leYd that we have committed. Rderring to the documenl tbal be bad pul togetbcr, be said it -tough to get all the final signatures OD this clocument, primarily bccaUle DO OIIC WUfal to be the first one to sign it Everybody wanted to be sure eva,oae die wn oa board bdJre they signed, UICI that is put of tbe reason the document is formulated the way it is. 8alic:ally, we are sayiq that if we are all oa boud, it will happen.. If one or two arc not oa board, dlCll we doa 't have the aipport of ewrybody. That is baically what I am looking al right now, be said,jUlt tbe $50,000 Ind, wbicb is a commitment tbal this Council prdiminarily made a wbile qo. 1'llal is whit we an: looking for, and it is up to your Council UICI administratioo to decide bow tbal CX1111C1 to fnamoa . Mr. Sean said, • we undentaod it, it is rally that Ullllllll tbal is within the ooacinpncy of our War Fund, wbicb we have to do anyway, but, where there are -other enbaDC'fflN'Dfs that we do to aaisl with, tbe landscaping or 10111e ocher type al thing, but it would be • tbal Ind, be said. Mr. Young aid that may be the only other thing that be may ask, is wbelber )'OU want to puticipalc at a little bit bigber level to help addn:ss the landaping i-, tbe ligblilla i-, and however )'OU can help in-kind. He said be cenainly understands we are all cash tipt rip( now with other projccU we have going OD in the cilia. COUNCll.. BILL NO. 12, DmlODUCED BY COUNCll.. MEMBER BRADSHAW A BILL FOR AN ORDINANCE AlJlllORIZING AN OOD.OOVERNMENTAL AOREEMENT BETWEEN 11IE CITY OF SHERIDAN AND 11IE CITY OF ENGLEWOOD PERT A1NING TO FUNDrNG OF 11IE OXFORD STREET BRIDGE REPLACEMENT PROJECT. VowraalU: Ayes : Nays : Tbe molion carried. (b) Apprvval of~ OIi S«lOlld Rmdills There were no additioaal iam. lUbmiaed for appn,wal oa __. ..ima. (See A..-ban JO -COIIIClll Agenda.) (c) .. .... • ..... I· • 0 (,i°f• .. ,t ... , • • Englewood City CoWICil December 21, 1998 Page9 • 0 • (i) Direclor Long praemed a mc:omomvlaticm from the Library to approve a CODU11ct for the clevdopmelll and imlalJatioo o(. Smart Card Internet Acc:css Control Syslem for the Englewood Public Library with Amazing Sman Card Technologies. Tbc contract would put a sys1a11 in place in the Englewood Libraly, he advilCd. wbeniby anyone MIiiing to 111e the Internet would be issued a Smart Card that would allow them to aa:ess various levels oC 'Mb sita. It would caablc parmts to decide for their children whether they want their kids to haw full access to the lnlcmet or limited acc:ea, or - no access, he advised. It would also do things like caablc us to have a beacr control over things like news groups, e-mail chat rooms. and this type o( thing. Council Member Clapp said she would like to say thank you . She said she underslands that he has worked very hard on this, and we haw 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 sees before her and she rea,gni7.ed that Mr. Long has worted 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 seat as to what they arc comfortable with for themselves and their families . She thanked him again for his hard wort. 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 wcU as Director Long, have put in a lot of hours . She said this allows her to tell her child what be can and can not access . Council Member Waggoner asked what the Library Board's IUIOIIIIIIClldaon was on this expenditure. Mr. Long responded that the Library Board recommended., rather than spending the money on this contract, to hire additional llaft' to wort direc:dy with the public. They felt that would be a beacr 111e of the money . Mr. Waggoner asked why they did not lbink the Smart Card WM the way to go. Mr. Long said for a variety oC rcalODS, one is that it is a rclalively new tec:bnology in this IIIIF, not Sman Card Technology itself', but using it in libraries. We would be the leCOlld library in the country to take this route . Mr. Waggoner asked ifhe said the ICICODd libnry in the country, the whole U.S. oC A? Mr. Long responded affirmatively. adding tbal there arc a lot of libraries Idling on their bands, or wringing their bands, trying to figure out what to do with this isaae, and vay few arc taking any pro-active llanec. Mr. Waggoner asked if they arc wanting to 111e us as a kind oC a guinea pig. Mr. Long said he docs not consider it a guinea pig, but, rather, trying to lake a pro-active approach to resolving a problem. It is not a perfect IOlution, he ,ecognized Mr. w...-, aid ii is DIil a pnMD aoluboa. Mr. Long aid from what he has seen from the demollllntioa, ii is a pnMD lllluboa, dlougb not CN1C that is in wide usa,e . COUNCIL MEDER CLAl'I' MOVED, AND rr WAS SECONDED, TO APPROVE TIU CONTRACT WITH AMAZING SMAaT CAD 'RCIINOLOGIES FOR THE SMART CA.RD INST AU.A noN CONCERNING TIIE IN'IDtNl:T IN nn: AMOUNT or SJll,058 • Malyor Bums said he bas talked to Mr. Loac .,.. dlis aad ~ arc -additional things that he would like to see produced before this is fulalimL He IIUd if~ is a llillely day period . Mr . Long said yes, they have ninety days to pc• die.,_ 11111 Marc RqUClting in the contract. There arc -things that we have IIUd for~-TIie lllilily, for example, to put a limit oo bow oftca aneooe UICI the Internet willlill a ~~ ..._ period. II)' if M -to put a l1WO hour time limit. ., -.eooe is not littina theft all day, dley ..... i.w ID., play or rad a bo'* or IO!Ddbiq like that Tbinp like oace the cud ii palled• ha die cad..., lllaiaal, it wwld w • .,....,,1y and inlludy to the bomc ,.._ • appGlld ID-........ a lile ad dlea walEill& alf aad leavin& ii lilliDg OIi the lel'llliall. Dme • -.... 11111 WC UW tried ID bllild inlo die cmlnCl. ' _. ...... ... •· • 0 • ( ~ lfJi ~1~:fJ l'lfi'Jffli tJ{;11·ifli!lj~f8111'1~tfi[[ ~itm 1 J.. 1r h Hf ht l I r i i 11 [ ~ 1 at lJ , ( 1 i,.} f i • t Ill ,~ 'II ·t1f iltit f 11~ r . ~,,• ~'11~ lfrl. . f. f. i s f a. . lJ s , !. l .:t' I l t: · a· .1 IS l , ! 1 I JI J I · 1 I• I ! , 1. t I I '1 I r ,· !1 21c:J: 'l" · •. 1J 1i If. -11 1 l 1 1 s , , .. i. i 1 ·! • 5· . s P" 1-.• 1 . -a , • 1 "i} 1 R , .. s .... ir;I i.:~~ r!t1•11,tff ~i!l.He-1f!i\:lltls;!1 .• Sll!ttr · i JJ 1 (I i e1~ 1. •· • 111·4 _j f Ei 11 s I( Iii,~'" .. if II -.... -: Ir• Jj . ·,ffJ ·tfJ(Q, 1. fts· 1~11, r1llt1 1•1r1, ~ft1!liti·1f!i~~·11;11;111 .. ,11 Us r; ruJ•t·l ·111 [ I-111· 'I I lh1!•1 '1' i,,~·f ,.,~1 f IJ ~r I a I.! l.s:s ~ .11 • 1 1 i I 1 J" ll r , .... I f 1 l .11 I J if [ f l f: 11 t 1. ' 11 1 ~ i i { B J . ! IS J 11 t 1, ~ J ; i· . I ti t t if 1111 le a.Ji:,,} r,· f ! I f 11.-11 I ir·iwjt':r ['' 1"1f; 11r11:·,. H liif t1 1u1, ~:11~',itl 1,1:1~1s·J1!htli11II 'I · 1 J-r f J t I · l I f I i f 8 : t j). i f . 11 11 1 JI ft !11 t 1, f 1• J U' t!f t1, h H '1 1 I gij:(~Jif iii ·(•f i r. J-J ' r ~ ' i I r s a.~ i .. ~ -r n -~ , s l I . ,. 0 • r I . • 'i • ... - • Englewood City Council Dcc:cmbcr 21 , 1998 Page II • 0 • proposal was not submincd to the Libnuy Board. Mr. Long said this proposal was submitted. Mr. Waggoner askcd what the wte was OD that. Mr. Long said let me back up . It was proposed to them before we put it in final a>otract form. Mr. Waggoner asbd, so they have not seen this? Mr. Long responded that they ~ seen it, but the contract bas come about after the discussion, after the recommendation that be made to them as far as approving negotiating the contract. 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 IOgelbcr. Mr. Waggoner said so they haven't seen the contract documcnL Mr. Long said they~ seen the contract documenL Mr. Waggoner said but they didn 't vote OD iL Mr . Long said DO, they have not voted OD the contract document itself. Mr. Waggoner said it seems like we ought to let them VOie on the contract document or see bow 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 Burns said yes, we did. Council Member Clapp asked, the way that it sits right DOW in the Library with the lntemct, are we protected from lawsuits? Mr. Long said we are not protected from lawsuits by filtering or not filtering. Lowden County, Virginia bas been sued for placing filters on their Internet terminals. Livermore, California bas been sued for not filtering their terminals, so we c:an get sued either way. Mr. Long said be bas bad very lengthy discussions with the City Attorney, and be helped with the contract draft, as did Information Services and Pwcbasing. He said be bas talked with other libraries across the country, and some are taking a 5WICC: and some are 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 Garrett said, in the Lowden case, they were filtering cveiybody, and in this case we are not. People ~ the ability to have a,mplete a1:a:11 to the lnlemet. Mr. Long agreed. He said that is the beauty of this system, it allows us the ftcxibility to either filta vay little, or none, or we could filter quite a bit. Mr. Garrett asked if be really means the user bas the ability to control their access for the most part. Mr . Long said be is saying "we" in the SCDSC that we will put IOgelbcr a policy of parental usage, as recommended by the City Attorney. lo that, we 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 scxually explicit sites, or things like chat rooms and news groups. and we~ not finaliud that policy, be said. Mr. Garrett asked if there are performance guarant.ecs in the contnct. Mr. Long respoadcd aflirmativdy. Mr. Waggoner said to the point of ninety-five pcn:cnl. not a hundred pcra:ot. Mr. Long said yes, and be docs not think there is anything available right DOW that c:an guaranrce a hundred pcrccnL He said be "'Ould be lclCly of it if someone said they could do iL Council Member Habenicht asked if there are any filters CWTCDdy in the Library. Mr. Long said there are filters right DOW 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 Pffl!IDmendation. Mr. Long said it was at the Library Board· s recommendation. 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 said on page thRe, it says the City mall block. or unblock, a URL based upon a policy to be created by the City, which shall be t'llablisbed upon a theory ofpumtal COIIICllt . Mr. Long said yes, this piece was put in at the recollllllClldatioa of the City Attorney . Mr. Wagoner asked if the policy bas not been established yet. Mr. Long said no, it bas not been aeablisbed , and that it is his intent that be would wort with the Library Board and with the City Attorney to clevdop a policy that would allow us the greatell flexibility. Mr. Wagoner med iftbal policy lllouldn't be t'llablisbed before• ,ct into the conuact agniement. Mr. Long said it is his inlcnt that • clewlop a policy within the next ninety days, if this is approved tonight, prior to signing the contnc:t.. • ..... •. •· • - • • • Englewood City Council December 21, 1998 Page 12 • 0 • , . Mayor Bums asked if Mr. Long would bring that policy back to Council. Mr. Long said yes, be would be glad to do that. Referring to the phrase "devdoped oo the theory mparental COIISClll", Mayor Bums asked ifbc was talking about parental ooascnt for youth up to eighteen. Mr. Long said yes. eighteen. Mayor Bums asked if that is stated in here someplace . Mr. Long said DO, that would be put of the policy that we would develop . Mayor Bums said you really can't go funber than eighteen, anyway . Mr. Long said no, and we have DO intent to do that. Council Member Waggoner asked what kind af policy do you ddamine for an adult, since you said you were going to cxmtrol what adults can watch, allO. Mr. Long>said the l)'ltCm would give us that Oexibility. If, in developing the policy, in the wishes af 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 reoomrnendation, then we would make that put of the policy . Mr. Waggoner asked, if pan of the policy allows someone full use or access to the Internet site, then would you have those in a separate room somcwbcrc ID IOllleOIIC could watch them all by tbcmsclves? Mr. Long said no . Mr. Waggoner said then somebody dsc could sec them. Mr. Long said that is the risk, and that is trying to weigh the best placement for the terminals. One oCthe things that we don't want to do is to have a peep show. And M don't want to have them out oC site so that people can sit and cruise to their heart's content. Mayor Burns said we doo't have that-· Mr. Long aid no, and we don't intend to. Mayor Burns said the last time we talked about lllil, in about a six moodl period, we were discussing bow many incidcllU you bad bad wllerc -al die .._... IIIMClial on the acreen. Mr. Long said tbn,c or four a moadl would be the-., • oC .... lllil-. llladled -per 11111111h. Mayor Burns aid then we are not baviDg a beavy pralllem widl dlis -· Mr. Loag said we are not baviDg a heavy bit Ms . Habcaic:bt asked if they are able to deal widl it. Mr. Loag said we are dealing with it, but ltaff is frustrated by having to play polia:maa, and dlis doelll't .-lft • from baving to play polia:man . Council Member Habcnichl asked wbat the COil would be, for example, if all the lnleme( 1C1CC11 for the Library would be with IOPIC poup lillc UAL, wliicb docs have a filtering syllCm on it Mr. Long said be did not undcntand the qucslion . Ms . Habeaicbt aid sbc undenlaDds that people who subscribe to America On Linc, that they provide a tcreming proce11 for all)body who 10C1 on AOL . For cumplc. if we limited access only to AOL, then it would already be ICRlellDd. She asked what the COil would be for the City to do something lillc that. Mr. Long said be is not sure, and be is not cmi sure that would be a feasible recommcndalioo. and that be would have to dia:ull that with lnformatiog Scrviccs. America On Linc, which is a very popular service, is not nec:cmrily one o( the IIIClll ftexiblc Mb providers. he said, but he has not looked al that option . Ms . Habenicht said she is really conccmed about this COil. Council Member Clapp said she jll5l SlUmbled ICl'OII another article in one oC the major DtWspapers. that it is bea>ming an increasing problem in the Denver libraries. Mr. Long said ya, that is bis undentanding. She said she l1lo unda'aDds tbat it ii M IWICly..fiw percenl becallle 1eCbao1ogy simply isn 't there for one bundn,d pcra:ot dlicicncy. She asked if Mr. Long feels tbat ninecy..ftw percen1 oCthe time M can ~ people from ec:ricknblly lbllllbliag OIIIO web p1p1 tbat would be aaiDPIM:. Mr . Long aid be tbillb we can do tbat if we c:booK to ID ia dial dinlCliaa, bat dial would be put o( die policy we have not dcwiopad yet Ms. Clapp albd if Ille, • a_,, decided dial 1bc ....S jull cer111ia web sita, lllen would dlia canl Clllble ber to pt illto jlllt dlaa web litm ad rally ant MW ID wany ... die rest Mr. Lona lapondcd tbat be rally ii not aue be CID amwa ... dial ny. '111c idea o( die cant ii that M would be Ible to bloct f.lCIWII typcl o( aa:e11, cwrydlia, die would lllen be open ID die _,, .. •· • C f - • • Englewood City Council December 2 I , 1998 Page 13 • 0 • , . Mr . Waggoner said you have to put certain \ll'Olds or certain sites in there and if another site comes on line, you don't know about it Mr. Long said, ifM catch it, then M would block it Mr. Waggoner said you would have to redo all the cards. Mr. Long said DO, all the software resides OD 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 paramden M would build into the policy, he explained. If we build into there that there is DO blocking at all, they would let everything go through . If we said wc want to block the majority of e-mail sites, they would block only the e-mail sites. If wc said we wanted to block the majority of sexually explicit sites, they would block the aajority of IICXUally 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 1ibrary. Mr. Long said we are giving them the first shot at cutting out sites based OD our paramelen. which have ya to be ddinal. 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 accidenlally blocked, a llafl' member could unblock that with a couple of key strokes . Council Member Clapp said the point she was trying to make was that, as a user, she can determine pretty 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 iaxpayer. Mr. Long said that is com:ct . Council Member Wagoner said you can do that DOW, a pc,-CIII delamine what they want to watch OD the Internet. Mr . Long said that is true, technic:ally you are bodl CIOffllCl. Mr. Wagoner said you have library reconb now thll ha\-e people's names and all the other kind alibi&: ripl? Mr. Long said yes . Mr. Waggoner ukcd if, with GuanliaDet, you have to do this all OYer apin. Mr. Long said yes, this would be sitting in a diffamt databae. Mr. Wagoner ukcd why dial Clll 't be illlafaced ID you don't have to duplicate your existing rccorcls . Mr. Long said became DO( ewl)'OIIC who has a library card mes the Internet, or visa vasa. Mr. Wagoner said ID you just tum tban lolllc. Mr. Long said he did not undenland. Mr. Wagoner said you coatrol die data dial goes into the GuanliaDet, right? Mr. Long said if someone wanlS full access, they would still have to have a card, wllicll would go into die card reader, which wouJcl be hooked up to eveiy maclline. Mr. Waggoner alked why thll Clll't be iaterfaced, ID you don 't have to duplicate all those rccorcls . Mr . Long rapoaded dial lie~ for more money, it could be . Right now , it is a stand alone S)'llelD. Mr. Wagoner said it ICCml litc it wouJcl be lea money . Mr. Long said no. because it is residing OD a dilfaall a,mpuler and a di&:renl clllllme. Someone would have to interp~ that clatabne and rewrite it. Mr. Wagoaer said lie tllaugb IIIOll al that llldl' could be interconnected, or downloaded, or ~ you call it Mr. Loll& aid thll is beyond his technical expertise whether that could be doac or not Mr. Wagoaer said., if-said they were looking up a hcallh issue on AIDS or con&raccpcion or pregaancy ... Mr. Loa& llid we tried to build in that those sites would not be blocked . Mr. Wagoner said that 's right, they _'I be blocked. Mr. Long said we tried to enswc that they won 't be blocked. Mr. Waggoner said, okay, so they could still get to it through there, then . Mr. Long said yes . Mr. Waggoner said OD page six, al 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 . That seems lite an awful shon period of time for SIOl,000, he said. Ca't lbat be increued to two or lhRC yan? Mr. Long responded that he does DO( think you will find a compuy thal is IIUI to do that Wbal we tried to build in is a testing pbale to make IIIR thll what they deliwr to • is wllla we a for, in order b them to get paid. They have a lol ol OUl-of'-poc:ket expeue. allO, up front, he added, tum clcvelopiDa the ay1te111 to meet our needs, • well • die card ltOck, so they have a ftnancial commitwa« allO . I don't lhinlt we • • ... .., •· • 0 f 2 I - • 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 15Y*m is only for thirty days. Mr. Long said that is the testing phase that we built in, to say that it works. Mr. Wqgoac:r asked if there is a guarantee for their system, a warranty. Mr. Long said the system is WlllTIUlled for failure for twelve months, all the system components. Mr. Waggoner said they can also terminate the contract within thirty clays . 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 IOllletbing to us. Mr. Waggoner read "termination of contract and mnedy for breach, the coatract may, al any time, be terminalal by either party, upon ninety days written notice to the other witbout caue, not however within the first ninety clays after this agreement commences. M So you could be done within thirty days, right? Mr. Long said after the system is installed we will test it for thirty clays . Mr. Waac-r said they can't do that within the fint ninety days, but after thirty days after that, they could say goodbye. Ms. Clapp said 120 clays . Mr. Long said he would have to defer to the City Auomey on whether tbal would be the cue. 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 was bis next question, an: we going to get the money back if they terminated at that jllDCIUJ'e . Mr. Brottman said yes. Mr. Long said we are going to make every sincere effon to do so . Mayor Bums asked if that should be in the contract. then. Mr. Brotzman said we can clarify that, if Council would like. Mayor Bums said that should be clarified. Mr. Brotzman said he thinks that was the intent of both parties. Mayor Bums said he feels we should be able to get our money back. Mr. Long said be would work with Mr. Brotzman on that. Council Member Bradshaw said she thinks that makes ICIISC. Council Member Waggoner said then: is a $4,300 commitmenl per year, just for what? Mr. Long said that is maiotcnance, to make lllll'C the system peifonm tbe way we "8l, if there is a prc,blem. there is a trouble desk oumber we can call. That is analogous with wbat we do oow with our automated ciradation system. we pay an annual maintenance for that, just as tbe City pays ao aonua1 maintenance for usiog Windows 9.S . That is vcry commoo. Mr. Waggoner said these people are just experimental right now . Mr. Long said that is not tbe word he would use. Mr. Waggoner said uncertain. Mr. Long said new . Ms . Habenicht said unproved. Ms. Bradshaw said inoovativc. Mr. Waggoner said tbeo you have to pay for any upgrades that you wanl Mr. Long said yes, that is fairly standard. It would be the w with the allOIDlled ciradation system, if Ameritech came ou\ with a new iooovation, ifwe wanted it, we would have to pay for il Mr. Waggoner said if they come up with a ninety-eight percent minimum guarantee, and they want $208,000, then you could pay $208,000 and go for that, then. Mr. Long said tbe nillety.ftw percent is bis oumber, that he stuck in. Mr. Waggoner said if they do come up to ninety-cialil pat:elll, wbich is better than nillety-fivc percent, and they want $200,000 for tbe upgrade, and you WUl to go with it ... Mr. Long said if we want to go with it, we would have to pay more. Council Member Bradshaw asked if that couldo't happen Mth any coatract we enter into . Mayor Bums said with any computer, after you 'vc paid for it, they don't give you the upgrades. Mr. Waggoner said it depends OD the compuy' IOIIIC upgrades an: givco. Mayor Bums said -of them are, but they an: rather minor, it ICCIDS to him . Regarding the interface bdwecn the choice that tbe .-r makes and tbe policy that tbe Libruy establishes, Mayor Bums asked bow thole relate to each otber. He aked if they are making a choice about bow much exposuR they want to this IIIIIICrial, and through tbe parcau for tbe youth. Diredor Long said we would give the choice right olf the bit, followina the policy tllll he would Mrk OD with the City Auomey and the Library Board to develop. Mayor 8wm said the policy COiia ftm and then you ~ depeoding OD -•• " ., •· - • Englewood City Council December 21, 1998 Page IS • 0 • : . what the policy is. Mr. Long said yes, the policy would be in effect before we ever put this into effect. As it stands right DOW, be amtinucd, we could gm people an option of one of two tbinp. Either they a>uld have full lmmd access, they could have aca:1111 IO what is Clllcd the oalinc version of the lmmd Kids and Family Yellow Pages. wbicb is up to about 5,000 apecific sill:I tbat are for ages fuur=n and below. If parents cbosc this for their family, if they gct into tbcsc sites, they CID 't IUlf out IO anodlcr site. In other words, they are blocbd from going any farther. Thal is part of what the system does for 111. If a parent says I want my kid to have full access, be said, baed on the parametaS that we define by the policy, then that is the parent's right to do tbat, and we will abide by their wishes. Council Member Waggoner said then we 'IWR't have any computers in the Library tbatjust anybody can come in and use, you would have to have a Sman Card to usc 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 wd>. What we found out with our reference database tenninals, where we have CD ROMS, or we have wd> site reference dalabues, Ibey have links now to the Internet, and it is veiy easy for someone to go to one of those terminals and bop out and aa:css wbalcver they chose. It is our intent, be explained. to put a card reader OD any taminal that can aa:css the Internet. wbcdlcr it is a word processor, a reference databac, wbcdlcr it is a de facto lnlmlet tcnninal, or whatever. Mr. Waggoner said if be came in and wanted to usc a rompuler, be would have to have a Sman Card. Mr. Long said yes, and there would be no charge for that Sman Card, unless you lose it, and then we would charge you for replacement. Mr. Waggoner asked if it would be one of those crgonomical card insert Slations. forty-five degree . Mr. Long said that is bis intent. Mayor Bums asked if the Council would like to sec this policy before it is adopled. Mr. Waggoner said be cenainly would. Mayor Burns said be would like IO !lee it, also. Council Member Bradshaw said she docsn 't know wby we can't be first ICJIDdima:. This type of software is going to be in proccll, it is never &Ding IO be finite, it is never going to be act, bec:alllc tbcrc are different people who CID just lack through llbdl'. My c:onc:em. she said, is that our citizens have asked for some type of limi1I OD what their cbilclml have aa:css to in our libraries. Council Member Waggoner said be bun 't bad a call about that at all. Ms. Bradshaw said she tbinb tbat the raeucb bas been done. the company has come out, this is two and a halftimes lell lhan the nearest company, and why not ti)' it. We have thirty days if it is not what wc want. We can also back out. She said maybe wc oould ncgotialc a deal if they arc going to use us as a trial. Council Member Nabholz said she cloesn 't think Ibey are using us as a trial. Mr. Long said be 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 rccogni7.cd that it is somewbal clangaous territory, but it is something that is probably worth tiying. Council Member Habenicht said we really don't have any pn,blcms right DOW. She said she thinks what a lot of the people in the community are coocerned about is making 1UR that we don't have problems and tiying IO be prcvenlalive. She said she cenainly tbiaks dial is the thing IO do. She said she rcaUy believes the technology is developing and does not tbiDk we aoald be the aui-pi1, but should bold back a little bit, maybe develop that policy and Id the tecbnolol)' ~ a lialc bit -· As we have eea in the world of technology, the prices go down, she said, and she c:aa not -why we should be paying high prices for an albatross, when, in a year, maybe we will baw ,,....,,.in, dlll we CID tap illlo at much less cost. She said we are not tbal size of library to be dial guinea pig and Ille felt the ~ CXIUld be spent better for our community. .... - •· • 0 , r,,~ "' I It f 2 I • Englewood City Council December 21 , 1998 Page 16 • 0 • Council Member Clapp said, in terms of money, and bow you would spend it, she said she rally docs not want to put librarians in the roll of looking over shoulders, and they have repeatedly said that they do not want to do that. This allows them the freedom that they t-' in the library not to have to do that. This allows parcntS the fieedom to cboolc dlOlc bounduics. Po1ic:ia cu be adopted and chanpd in the future to suit the community. Ms . Clapp opined that -would rally be millling the boat and that WC CID be leaders, and wc have been leaden in the put. Thal is like saying that Cinderella City is a guinea pig. Sbe said she cloesn 't believe that, it shows clear lcadenhip, and a clear clindion in wbic:b we cboolle to go . Council Member Waggoner llllked bow many problems the Library bas bad within the lat three months. Mr. Long said they are penging three or four problems a mondL He said be would define: problems as people looking at sexually explicit web sites. We have only bad two C11e1 in which we have bad to tell someone their privileges are gone, be said. Mr. Waggoner said three or four a month out of bow many users? Mr. Long said about 1,300 1111:S per month. Mr. Waggoner llllked what five pen:ieot of 1,300 is. He asked ifit is about six and a half. Mr . Long said around that. Mr. Wagoner said so you are under five percent now . Mr. Long said yes. we are usually under five percent. Mr. Waggoner said so ninety-five percent is not going to do you much good. Mr. Long said that would depeod on bow you look at il Council Member Clapp said she respectfuUy called for the question . Vote raulu: Ayes : Nays: Council Members Nabbolz, Ganat, Bradshaw, Clapp, Bums Council Members Habenicht, Waggoner The motion carried. (ii) Dim:tor GryF)wicz prelCllled a ra:ommcndaricMl from the Department of Financial Services to adopt a l'CIDlution approviDa lUlll'kmcnlal apprupriadoas to the 1991 budget. He said this is a year end supplemental approprialioa for a number of the di8'crall City funds, the General Fund, the Capilal ProjecU Fund, the Sewer Fund, the Cmlnl Savicel Fund ud the Capital Equipment Replacement Fund. A number of tbcle are jUll timiD& iaa, lie explained, ud odlen are expeadilllres that were not known at the beginning of the year. This illdudel the Smart Card, be added. The resolution was assigned a number and rad by title : RESOLUTION NO . 106, SERIES OF 1998 A RESOLUTION FOR A SUPPLEMEJ\rl' AL APPROPRIATION FOR 11IE 1991 BUDGET OF 11IE CITY OF ENGLEWOOD , COLORADO. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (c) (I) -RESOLUTION NO. 106, SElllES OP 1'91 COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AMEND THE RESOLUTION BY REMOVING THE SI0,,000 ALOTnD roa THE LIBRARY SMART CARD INTERNET ACCESS CONTROL SYSTEM. Ayes : Council Members Habenicht, Wqaoaer Nays : Council Members Nlbbolz, Ganat, Bradshaw, Clapp, Bums The motion failed . V• reaalU oa aotioa to appl'WW R111 I 11N Na. 116, Saill ti 19'1: •· • , - • • • Englewood City Council December 21, 1998 Page 17 Ayes: Nays : The motion carried. • 0 • Council Members Nabholz, Garrett, Bradshaw, Habenicht, Clapp, Bums Council Member Waggoner (iii) Director Eaton prcscnled a rec:onnnendation from the Department of Human Resources to adopt a resolution approving the Englewood Fin:figb!crs Conuact for 199912000 . She reminded Council that Marlin Semple upda!ed diem about oot momh ago regarding the !hen CWTCnt status of the firefighters' conttact and, since that lime, the firefigb!crs have ratified the conttact. Slaff is requesting this aoening that Council approve the collec!ive bargaining agRCllltllt between the firefighters and the City, she said . The resolution was assigned a number and read by title : RESOLUTION NO. 107, SERIES OF 1998 A RESOLUTION AU1HORIZING nm COLLECTIVE BARGAINING CONTitACT BETWEEN 1llE ENGLEWOOD FlREFIGHTERS LOCAL NO . 1736 AND nm CITY OF ENGLEWOOD FOR 1llE YEARS 1999 AND 2000 . COUNCR. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (c) (lb')-RESOLUTION NO. 107, SERIES OF 1991. Mayor Bums said it seems this bas all the different parts and ingredients in it that we discussed the last time and be did not see any surprises in here . Votc~ltJ: Ayes : Nays : The motion carried. Council Members Nabholz, Garrett, Bradshaw, Habenicht, Waggoner, Clapp, Burns None (iv) City Manager Sean presented a recommeodation to adopt a resolution authorizing the City Attorney to nego!iale for the pun:hlse of property and, if unsua:essful, proceed with condemnation. He said the l'CIOlution rcquesU support of the IWf to enter into negociatioos in acquisition for property that bas been identified in Englewood's 1979 Comprdlensi\lC Plan and the 1997 City of Englewood Recreational Demand and Facilities Analylil u a future property for open space linking Centennial Part and South Platte River Greenway . He DOied for the record that be and -,al Council Members, along with Community Coordinator Graham, have attended many of Sheridan's Planning Commission meetings to discuss a pnlpOled lralh transfer station at this site. We believe that, at this point in time, we are not certain the direction !bat the City of Sheridan will go. They are currcntly reviewing the analysis of the information that bas been praea1ed to diem by the proponent, and they will be making a de1ermination in the next couple of weeks in tenm of l'CCOlllllltnda to their City Council for consideration in January . It is not in a ftna1 ltale at this point, be said, but we beliC\'e that the timing may be the best to proceed in tenna of a lealt neptiation on the c:ompldion of appraisal to begin the proposal to acquire the property. Mr. Sean sbowcd I map that -put together by the Parks and Recreation Dcpartmcnt that showed where the property ii located along Union Avenue . It is adjacent to the Centennial Lake , he said, and also adjacent to the Platte River . He poinlcd out the pan:el that we are proposing to acquire . The City has already agreed to proceed in the acquisition. be said, ol a property directly adjacent to Union , which is the Public Service Company . We are in discuaions right now for the acquisition of that property, be said. Secondly, be said, for the RlCOfd, be would lib to note that there wu • ,,, - I· ; 1 rn, . ' - • • Englewood City Council December 21 , 1998 Page 18 • 0 - a letter, which he passed out to City Council this evening. and to the news media, from Denver Waste Transfer, LLC by the proponent of this site, Ted Zigan. Since he was made aware of the City's desire to proceed with acquisition of the site, be forwarded this lclter to the City Council this evening. Several people are in the audience, he said. Mark Graham bas been leading the staff effort to provide information to the Sheridan City staff and to their planning commission regarding the reasons for our opposition, the concerns that the City bas about the property. Dave Lee is also here, he said, from the Parks and Recreation Department, and could answer any questions about the pub. Rick Kabm, with our Engineering Department, bas also been talting a look al the traffic study, he advised . We just received the traffic study last Wednesday night and we have not bad an opportunity to review it. Mr. Scan noted that staff met earlier this afternoon and the City did a traffic study by another traffic engineer, Amie Ullevig, 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 are 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. Scan said that in the audience, also, are some representatives from the Sheridan planning staff, Will Birchfield and Randy Young. He said he docs not want to put them on the spot. they are 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 conuncnts. City Attorney Brotzman said one of the issues that bas come up, and there bas been discussion as to whether it is appropriate for us to ncgotialc for, and, if necessary, actually use the power of eminent domain on a park property outside the City. The City al Englewood docs, as a home rule municipality. have the power to do this, he said, and the ordinance sets forth rcquimncnts to do that. Council Member Waggoner said be thinks Mr. Zigan bas it all wrong . Al the bottom of the page it says "to the extent that the City ofEnglcwood is merely acting to support Waste Management's monopoly, or acting in conjunction with Waste Management, your conduct is anti-competitive and grounds for a lawsuit on antitrust violations." Mr. Waggoner said Mr. Zigan needs to know that that property has always been. ever since the purchase of the park property over there, has always been on the Comprehensive Plan for the Parks and Recreation Depanmcnt for obcaining that land to extend the park over to the Plane River. Council Member Bradshaw said that was originally the Kewit property, and, years ago when she was on the Parks and Recreation Commission. that was a dn:am that Packy Romans had, of extending that over so we could tic in the park with the bike trail and people could have immediate access to the park off the bike trail. So this is not a new issue at 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 respects the staff at Sheridan. They did an excellent job throughout the Planning and 1.oning hearings, Mr. Birchfield in particular, interpreting all the different municipal codes that Sheridan has, and how this property does or does not fit within those codes. Mr. Birchfield should be COIIIIDClldcd on a very thorough job, she said. Ms. Bradshaw said her concern is, she serves on the Soudi Subwt,u Partt Foundation also, and this stretch of the bike trail is probably the DI05l unsightly. She said she docs IIOl think putting tennis screens up around a waste transfer station is going to make it any DIOR bec:oming . She said she would much rather sec that open space, and if it takes m buying the land, then III be it. Council Member Nabholz said she agrees with Council Member Bradshaw that we need to move forward on negotiations for purchasing this land, if poaible. Alm, • a praceclivc measure, that has been one of Council Member Bradshaw· s points, is open space, and tbil is a tuming point, IIOl only for the Sheridan residents to their benefit, but also to our Englewood raideals. She aid she lhinb it is IOOM'tbing we need to be prouctive of and take care of. • • I· • ' • Englewood City Council Dcc:cmbcr 21 , 1998 Page 19 • • • I • Council Member Bradshaw said we were accused of not being vigilant, as far as Wasle Management goes, and I thiolt we are pn:tty vigilaDt as far as what their activities are and bow they maintain their property. She said, if we are DOI being vigilant, she would like to see us pick that up a lot. Tbe resolution -lllligned a number and rad by title: RESOLtmON NO. 108, SERIES OF 1991 A RESOLtmON AU'I1fORIZING 1HE PURCHASE OR CONDEMNATION OF A PARCEL OF LAND WI1HIN 1HE CITY OF SHERIDAN, COLORAOO, WIDOI WILL PROVIDE IMPROVED RECREATIONAL FACD..ITIES TO 1HE CITY OF ENGLEWOOD , COLORADO. COUNCO. MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iv) -RESOLUTION NO. Ill, SERIES OP 1"'- Mayor Bums said he bas rad the leaers and all the dara information we ~ goaen on this project, and he joins with the othen on Council in swing bow inappropriate this use is. He said be was also advised of what an excdlent job the Slaff at Sheridan bas clone in outlining the concerns, and the environmental concerns and so forth, on this site. He said be bas not been to these meetings himself because, in his capacity as Mayor, il might be inappropriate. ~. be has been cJoecly walChing them through the eyes o( the other Council Members and going -their reports. He said be agrees that -sbouJd initiate negotiations on this site. He said be would like to say be thinks we should punue, or continue to pursue, our relationship with Sheridan, because, earlier this evening we passed one of our other measures, which is an excellent interpanmelllal agreement with the City al Sheridan. We haw supported them for many years, the Tri-Cities Commission He aid be bas aaeadcd on many occasions in the past, espcc:ially with regard to the lipt rails, ud it Im been wry lllllCCllfill and wry cordial with the City rA Sheridan. This is not an anli-Sheridu -11ae. we jull fDd this is a really inlppropriate Ille, and lincc it bas been in our long ranae planlliq llr III lalt&, oar Comprcbeusive Plan, he said bis position, as Mayor, is that it is certainly appruprialc liO illlilille tbelc ,qoliatiolll, also. Council Mcmber Hllleaic:lll added dial*._. dlil will be an enbenc:arnf of the Centennial Perk, which is an UDCDity enjoyed by bodl die cilia. af Eapewood ud tbe citizlCm al Sheridu. It is just one 11111R opportunity form to wwk tapdlcr, * aid, aad lbere liO 11111R the quality rAlifc for all of our citizens better and llnlllger. Sbe aid she wbolebeenedly mpporll this reaoluboo and the work that has been done by Council MClnbers Nabllolz and Bradlbaw, liaiag through a nwnber rA meetings and uying to do their best to make sure that everything goes well for our community. Vote raults: Ayes : Nays : The motion carried. Council Manbers Nabbolz, Gama, Bradshaw, Habenicht, Waggoner, Bwns Council Member Clapp (v) E~ Man-,er Kabm prWlllled a reoomDM'Dd•tioa from the Deputment of Public Woits to appruve by molioa a COlllracl llr Bil Dry Creek Cbannd Jmprovemenls llljaccnt to the Englewood Coauneraal lnduslrial Cena. He advilm diet tbe low bidder oa this project was A.G.E., Incorporated, in the amount of $91,996. He__. dial they bid a compctitiw bid and there WCR eipt bidden. This bid is about -percenl below tbe en,iaeer'• estimelc, be said. Mr. Kabm edviecd that staff epproecbed Council al a Sludy s-ioa in Aupll of 1991, and llbd for dinclioa a lO bow to proc,ccd, and -aiven pnaal pideli-Ill pmclllld widl dlil project. Tbis praperty -clMilapcd by Mr. Ca!Deroa in 199( and included ia I .-=ial u.+Oi t dillrict. The Cily Council puticiplled widl • ...... • . .. .. ., •· • 0 - • • • Englewood City Council Dec:ember 21, 1998 Page20 '· • • l• • him at that lime. At that point in time, the property was declared to be out of the hundral year flood plain for Big Dry Creek . Later the City of Englewood partic:iplled with Antpaboe County and the City or Littleton and Utban Drainage Dislric:t in a new study of Big Dry Creek. 1bat study changed the hundred year flood plain and cauted a lot of this property to be back in the bwldnld year flood plain and diminished in value. This particular project would do some m:bannelization. be advised, and riprapping would cause this property to again be out of the bundnid year flood plain. thus, enhancing ill value and encouraging tbc owner, Mr. Cameron, to pay olf the ranaining I M DIS 00 the property. Council Member Bradshaw aked about the dilCleplDCy in the bids. Council Member Wag,ma llid that Concrete Wons of Colorado pnably bad a lot of-t tbal they -were cloiDg and didn 'I caR whether they got the bid or not. Mr. Kabm llid ii allo depends oo wbal they are bidding OD. Mr. Kabm llid that A.G .E., lncoqJonfed bad a project with m last year, they are the c:onaaaor that put the storm drainage improvemellll in OIi South 0ay 5b-. adjacent to the golf CXJUne, 10 -haft 10111C recent experience with this c:ompuiy and they did a ftne job. Council Member Habcnicbt aked Mr. Kabm to reCresb her memory . When -dilCUSICd this at Study Session, did -talk about bow this would impact CMD access to SaDla Fe from Union, is that the piece of property -are llllking about here? Mr. Kabm said no, this property, this aJIIIIRICl'Cia1 center, is on the -a side of Sulla Fe and its oa1y pablic access isa right-in, rigbl41! alfofSallla Fe. There is a private drive that goes back to Wyandol. and lben back up to Union, be said. Mr. Wag,ma asked if the bike path runs along the IOlllb side of the cna there, or the north side . Mr . Kabm llid our belief' is lhal, in the long run, the bike pMb will be oo the Littleton side, oa the south side, so this does not aftecl that The reason -felt it -important to go forward with this project. be said, is because it enbana:s its value and causes addilioaal deYelopment in Eqlcwood. We allo know lhal, on the Littleloa side wbcR the bike path will be, Litt1clon pnden that to ranaiD open space, 10 -don't see getting participation with them and Utban Drai111F Dislrict for channel imprcMmellts oa their side at any lime in the future . Mr. Wagoner asked ifUtban Drainage Distric:1-'t puticqmc. either. Mr . Kabm llid typically, if- would approach them, they would puticipuc up to fifty pera:nnl, with locals maldliDg. but dial is probably several years down the road. COUNCR. MDmER WAGGONER MOVED, AND ff WAS SECONDED, TO AWAD A CONS11lUCTION CONTaACI' IN TBE AMOUNT o• ,._ TO A.G.L, INCOUORATED FOR THE CONSTRUCTION o• alG DRY CREEK CIIANNEL DIPIIOVEMENTS AT ECIC. Aya: Council Memben Nabllolz, Gama, Bradshaw, Habcnicbl, Wag,ma, Clipp, Burm Nays : None The motion carried. 12 . Gaeral DilCllllioa (a) Mayor's Choice (i) Mayor Burm adYiNd dial be putic:iplled ---bridly in the Cbriltmas Crusade for Children, which Safely Servica apin putic:iplled in lllm1y oa bebalfofthe City and local needy families OD Friday . 1bis is really quite a pnopam, lie aid, it ii dlraupaul die eadR meln> area. Nancy ~ who is very much ilMIIYod in this, clllcrilled mrlier ia Ille day wbere all of the various ..... - ,- • . .. •· • 0 • Englewood City Council December 21, 1998 Pagc21 • 0 • police departments in the area who puticipate in this armed at Bigs, in Thornton, and spent twenty-eight thousand dollars on toys for kids in about an hour. They all had chits on exactly what to get, he said, and it was amazing to see bow they organi7.C all of this. They will have a cbit for a nine year old girl, for instance, for twenty gifts, and they just go in there and start piling things into carts and it kind of stanled the other customers in the place. They had all kinds of police can with their lights going in a c:avak:adc, and it is really quite a project, he said, and they are vay proud of what they do. Of coune, he said, with all the Santa cops from the police department and all thole folks participaling, it's really quite a program. He congratulaled them for their efforts in that ara. (ii) Mayor Burns wished Council Member Clapp all the best in her tcnun: at the State Capitol. He said it bas been a pleasure to wort with her. (iii) He wished cvcryonc the best of the holidays. (b) Council Member's Choice (i) Council Member Nabbolz : I . She wished Council Member Clapp the best. 2. She wished the cili1.CDS of Englewood a hippy holiday-• well a her fellow Council Members and peers. 3 . She complimented the Stred Dcpartmeat. Tbey-• early, anJad die c:loct, and she said she bas not bad a single complaint. She said she -1ly FIS -......,..., dial IOIDdlody's driveway is bloc:bd with snow or some intascctioa is not sanded. She said she ~ liR to 1alic her llal atf to them, they have worted around the clock and cloac an ciu::eUcm job. (ii) Council Member Ganat: I . He complimented the citizens of the Founb Dillricl OIi their dJons OIi die Cedrenial Park expansion situation. because they have done a lol of the leg wort to help the Council to ~ the issues, and the staff: 2. On Union Avenue, he said, wc still, every ODCC in awllilc, !lave a Inlet Filll ll'Cllbound OIi that side. He asked whether wc have a graduated fine ICbedialc filr ft11Ni11 offeadcn, bec:auK lie undencands there arc repeat offenders that we see. Municipal Court Judge Atencio, sitting in the llldicacc, raponded. He said the simple amwcr would be that, in all of our offenses, it is a graduated fine IClledulc, accordiDg to tllc poinll, 111 it is a Id fine for the first offense, it increases by fifty pcrccal the leCOlld atfelllc, doubla filr tllc third atfmsc. 111 there is a graduated scale. Mr. Atencio said WC bave OIIC of tllc lligbelt fine IClledules around, IO it goes up pfflly rapidly . Mr. Ganat ukcd if there are poials for clriviDg a Inlet in a no Inlet -· Mr. Alencio said lie bu not bad a linglc ticket come into court for that atfemc. TIICle amy he tt.mc iahclions, wbic:11 means they are handled as violation code tic:kls, 111 people simply Mlk • to tllc aJUlller and pay thole fines according to a Id fine IChedule . That me1111 wben they do dial • a violadoD code atfemc, there is no reduction in fine atfcred to them. People come iDlo coun, and they amy fDel they !lave a cenain circumstance, for example, with this Inlet thing. maybe it is IDIDlllody wllo clrvwe in tum North Dakota, and had DC\'Cr been in the City before . That would he a ftnl atfemc, and I mipt pve them a break, he -• .; I· • C - • Englewood City Council December 21, 1998 Pagc22 • 0 • said. All of the cases of this type that I am a"WBR of that line gone through the Violations Bureau, be said, are dealt with at the counter. The first is a ICt offeme, the leCOlld is a fifty percent increase, then doubled, and then they go up after that at an e¥CD higher nae . Mr. Ganal said be would like to 9eC the gradualed IClledale for Ille DO truck zone. Mr. A1mcio said be does not know what the point 1nm1 is on that cllarF. City AIIDnley Brotzman said that bas to be a violation of a lnlffic control device_ IO be felt that would be a four point ticbt. After checking. Mr. Atencio advised that the first offense would be sixty dollan, niDcty dollan for the second, one blllldrcd and twenty, a blllldrcd and fifty. two fifty. three fifty. four fifty, me fifty . And they get four points each time. Mr . Ganat said it seems like, with pmty strict enforccmcut 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 Neigllborhood and Business Development Director Simpson on Friday and the open space zoning is going to Planning and .loaing in Jamwy. He would like to find a time to brief Council about it, she said. Ms . Bradshaw said she knows the board and commission interviews are on the 2s"'. but she thought Council aJUld spend fifteen minula before we swt to go OYel' the ordinance. She asked if anyooc bad a problem with that, becallC she would like to know wbat is going on with that She said if we bad that in place. it would haw been an easier isluc ID deal with if we bad our parts all mncd open space. puticularty Ccnrmni•I Part, and we are proceeding that way, anyway. Mayor Burns aid, • far as the Board and OJmmiRion interviews, be said be thought we said we would ICC bow many applicants we bad, and then make a clccilioa • to bow we wanted ID interview them, and that is llill our policy on that particular e\'aling. Ms. Bradshaw said right, but she tboagbt that, while we -having a lllldwicb or IO!Ddbing, be could come in and talk to us about dud. if that is oby. Ma,or 8urns said sure. Ms. Bndsbaw said be bad said he aiuldn'I get on until tawanls Ille end mFdlnmy, and we need ID know before then. 3. She said thank you for the support on the Ccnrmniel Perk isluc. 4. She thanked Slaff, commcnling that they ba\'C doac en _job this year. (iv) Council Member Clepp: I . She said she just wanlcd to explain her DO vote. It is not thel she does not support wbat Council is doing, she said, opining that they are bcadcd in Ille right clua:lioa. She said die is just not c:enein that we arc at condemnation yet. That is the piece that she angled with, she said. 2 . She thanked Council for their support in rqenla ID the Intemct lelvica. SIie said Ille feels we are headed in the right direction toward a family frieDdly librery, and we need ID keep that in Ille ford'ronl. 3. She wilbed everyone I happy holiday, addiDa that is Ml been I plealurc ID -with Council . (v) Council Member W,aimer: ..... .. 0 •· • - • • 0 • Englewood City Council December 21 , 1998 Page 23 I . He brought forward a resolution specifying aid to other agencies. The resolution was assigned a number and read by title : RES0Ltm0N NO. 109, SERIES OF 1998 A RES0Ltm0N SPECIFYING AID TO 01llER AGENCIES FOR 1999 BY 11ffi CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 18', SEIIIU OF 19'1. Ayes : Council Members Nabbolz, Garrdl, Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays : None The motion carried. 2. He wished everyone happy bolidays in Hawaiian . (vi) Council Member Habenicht: l . She commented on the Cinderella City demolition . She said she recalled that Council had talked about trying 10 have pieces of stuff that would be available to collectors. She asked if we arc working on that. City Manager Sears said that is a good question and we bavcn 't really talbd about it at staff level. He asked Engineering Manager Kahm to address that. Mr . Kahm said be !bought it 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 be 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 mmeway that we could let people know that might be available to them . City Manager Sears said we can put -,ctbing in the next Citiml that ,oes OUI regarding that. Mr . Kahm agreed tbat would be the IDOll dl'clc:IM way to deal with dial. 2. She said it is always a pleaaare to 1ee the holiday ligllling allllell. She recalled when that started a number of years ago , it -the idea rl eilber the ...... or the dlair rl the Parts and Recrealion Commission, Sieve Neyer, who came to Council and lllbd ifwe could do tbis, and it bas tumcd iDlo quite a wonderful tradition . She thanked the Clean, Green and Proud Commiuion for all the wort Ibey have done 10 make it such an exciting pan rl our community . 3. She thanked staff for the wonderful follow through on looking at the traffic on Oxford. The cross uaffic sihlation thal the neighbors have commented on and bow diflicult it is for them to cross Oxford . She said she is glad lhat we arc looking into that for those people . 4. She thanked Council Member Clapp for serving on Council, and said it bas been a pleasure working with her over the years . She said there have been a number rl times that we have agreed and a number of times that Ibey have disagreed. but it bas always been in good l!pirits. She wished Ms . Clapp well . 13 . City Maaqer'1 Report .. •· • • • Englewood City Council Dcc:embcr 21, 1998 Page24 ·, ,, • • - (a) City Manager Sean said it bas been a beet of a year. Council and all' can be a,mplimenti,d for a lot of the wort thafbas gone on and we have made a lot al propa1 throughout the year and we have a lot of challenges next year, eapec:ially facing CiDderdJa City. From where we were a year ago, be said it is outstanding, and it is clue to everybody's dl"ort here. and this is really an incredlbly bard working all'. He said be would be happy to answer any quelliom. but lbeR is really DO updale. The meetings are just continuing and we are looting for the end of January to have the contracts come back to Council . We are working through each of thole i-. be said. (b) Mr. Sean said the citizms aJoag Ullillll, Mary c-11 and the group. baYe been a cldigbt to work with. They baYe been mmtarillg dlis i-, 1111d dley baYe beat workiD& wry domy with the all'. It has been a pal bCJad bdw Coancil, the llldl' ud die 1eswc:aAMiwes of dial ccamuaity, they llaft really helped. be said. We baYe beat workiDa witb them 1111d baYe .eliod heavily upon them to help us in tams of pushing this isale to enhance dial wbole area up lberc . ••••• Council Member Habenicht said, in the spirit of her family tradition and her own belief, she wished everyone a very Meny Christmas and a happy new year, ••••• Council Member Clapp said she forgot one wry importanl thing. She said City Attorney erouman is such a gentleman, and is always III quiet over tbeR, bul be ha worbd wry bani on the lnleraet. She said it has been a plealure working with bim. • •••• Council Member Nabholz said it -wondciful to w a Idler liom one of our coastiblelltl aimplimenting our City Manager. She said be is a biasing to this City and a bratb off.ab air, and it was wry nice to see that our citizens .ealize that, too . Mayor Bwns said, as you go to the Nalioaal Lcape of Cities ClOllfermcea and places like that, the people from Colorado go out of their way to a,mplimml our City Manager and a,mpliment us for enpging him. Mr. Sears said be is lucky to be be.e ud lucky IO work with them. 14 . CltyA---,',.,_. City Attorney Brotzman wished eve.yoae happy bolidaya. IS . Adjoaraamt MAYOR BURNS MOVED TO ADJOURN . The meding 8lljourDed al 9:40 p.m. ~¥d4 CatyC ' • . •· • 0 '32xl ' • . ,~ - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, DECEMBER 21 , 1998 7:30 P .M. 1. Call to order. 1 : 30 ptf} 2. Invocation. ~ 3. Pledge of Allegiance. -BtUlAl<) 4. Roll Call. / ~ 5. Minutes. a. Minutes from the Regular City Council meeting of December 7, 1998. 6. Scheduled VISitors. (Please limit your presentation to ten minutes.) a . vttan Lange, Chair of the Clean. Green and Proud Commisaion/Keep EnglewoOd Beautiful will present awards to the winners of the Holiday Lighting Event. 7. rv-.. ( ........... ,...,,__to ... --., 8 . ~unicatior.s, Proclamations, and Appointments. (}P p) n. Letter of resignation from Council Member Lauri Clapp. _ ....... ~ , 1:t./b ' b. Brief reception. /~, ~:01 9. Public Hearing. (None acheduled) PINNnola: •youhaWa I tlltlfandneedamllaryaldaOl'•tla11, ....... .-Y .. CllJafll .... DOd (311-712-Mll)al ..................... af ..................... Thalk,ou. • ... • • • 0 -------------------------.~-----------~---c-,.,------------------- • 0 1• • Englewood City Council Agenda December 21, 1998 Page2 10 . ConsentAgenda . a. Approval of Ordinances on First Reading. i. Council Bill No. 81 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance authorizing an Intergovernmental Agreement with Englewood Schools to host a website for Englewood Schools. STAFF SOURCES: Frank Gryglewlcz, Director of Financial Services, and Chris Diebold, Manager of Information Technology. b. Approval of Ordinances on Second Reading . Council Bill No . 79, approving Southgate Supplement #139 . Council Bill No. 80, adding new language to Title IV of the Englewood Municipal Code regarding sales tax treatment for fund-raisers. c. Resolutions and Motions. 11 . Regular Agenda. a. Approval of Ordinances on First Reading. ~~~. . Ji) Council Bill No. 74 -Recommendation from the City Attorney t~ .lf""'~cY agreement with Metricom. (p _z:r\' ii . Council Bill No . 82 -Recommendation from the City Manager's Office to adopt a bill tor an ordinance approving an Intergovernmental Agreement with 0 n ,f the City of Sheridan for Englewood to provide in-kind contributions for the ~~1) =~ of the Oxford Bridge. STAFF SOURCE: Gary Seara, City b. Approval of Ordinances on Second Reading . c. Resolutions and Motions. Recommendation from the Library to approve, bJ fflGIDn. a contract for development and installation of a smart-card Internet access control system for the Englewood Public Library . Staff recommends awarding the contract I in the amo~o Amazing Smart Card Technologies . STAFF , nGA SOURCE: rary Director. ,K~ J Recommendation from the Department of Financial Services to adopt j ~, rNalullan appr~~ropriations to the 1998 Budget. ll..' ~ f) STAFF SOURC rank ryglew Director of Financial ServtcN ~ Recommendation from rtment of Human Resources to adopt a ~) INClllllclll approving ng Firefighters Contract for 1999/2000. STAFF SOURCE· Eaton Director of Human ANourcN. PINN nole: • you tww a dlubllly and nNd -lllary aids or wvlcN, plNN namy ._ City ol l11gllwood (30l-7W2•240I) .......... houn In ....... ol WMn NrvlcN ........... Thallc you. -• •. • • • -• . ~ • <. ' '-. Englewood City Council Agenda December 21, 1998 Page3 , J<.· Recommendation from the City Manager to adopt~ the ~.i,:t ~ ,..l)o,-City Attomey to negoo&te to, tt,e pu""'-of~-, . .. n AAjt.. o'l> proceed with condemnation. STAFF SOURCES -City-..... ~ l Dan Brotzman, City Attorney. v. Recommendation from the Department of Public Works to approve, by ~ O f\ IIIOlillQa contract for Big Dry Creek Channel Improvements at the J..J'i} ~ engle\'8bod Commercial Industrial Center. Staff recommends awarding the d ~\ij bid to the low bidder, AGE, Inc., in the amount of $98,996.00 STAFF 7J) 1,,0 SOURCE: Ch~, °'1:r;{f.u~lc Work.a. 12. General Discussion. a. Mayor's Choice. b Council Members' Choice. _f JiA; t ;tll i. '1,() A HI I~ fl • approving Aid to Other Agencies for 1999. 13. City Manager's Report. a. Englewood Center Update. 14. City Attorney's Report. 1 ~oumment. 1 !~o The following minutes were transmitted to City Council between 12/4'98 and 12/17/98: • Englewood Public Library Board meeting of November 10, 1998. Plewnale: ,,_..._ • .....,endneed_..,aldao,•da11, ....... nolly .. CIIJollngllmDOd (IOl-1'12-24Gl)el ..... 41halnln ....... olw11M .............. 1-*,au. ' , .. • • 0 I • . . - 0 : • • • . -. • I. . C • • " - - 0 : . • • --------------- --------~- I • • C ' • - - • • • "' - • t• • '· • ,, " r . AGENDA FOR THE REGULAR MEETING OF I THE ENGLEWOOD CITY COUNCIL MONDAY, DECEMBER 21 , 1998 7:30 P .M . 1. Call to order . 7 ! 3() p,-m 2. 3. 6 . Invocation. )J~ Pledge ot Allegmnc9 fJ~"1 £1,Wfo<J RollCall . 1~ Minutes . a. Minutes from the Regular City Council meeting of December 7, 1998 . Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Stan Lange. Chair of the Clean . Green and Proud CommilaiorVKeep Englewood Beautiful will present awards to the winners of the Holiday Ughling Event. 7. Non-Scheduled Visitors . (Please limit your preNlllalion to fille minulN.) /:I 8 . Communications , Proclamations. and Appointments . a. Letter of resignation from Council Member Lauri Clapp . b. Brief reception. 9. Public Hearing. (None scheduled) Plew nola: I you have• dlaabllty and nNd .-, alda• •'1a11, ....... nolfy .. Cir GI ..... ON pal-7U-240l}al ...... haura In ...... .,, ................... lllalkyou. • • . .. • • 0 '32xl - • • 0 , . • Englewood City Council Agenda December 21 , 1998 Page2 10. Consent Agenda . Approval of Ordinances on First Reading . i. Council Bill No . 81 • Recommendation from the Department of Financial Services to adopt a bill for an ordinance authorizing an Intergovernmental Agreement with Englewood Schools to host a website for Englewood Schools . STAFF SOURCES: Frank Gryglewlcz, Director of Financial Services, and Chris Diebold, Manager of Information Technology. Approval of Ordinances on Second Reading i. Council Bill No . 79, approving Southgate Supplement #139. ii. Council Bill No . 80, adding new language to Title IV of the Englewood Municipal Code regarding sales tax treatment for fund-raisers . c. Resolutions and Motions. 11 . Regular Agenda . n . J ~ , a . Approval of Ordinances on First Reading. ~ 1P~ ·~ 0 .!k.".l..J) Council Bill N_o . 74 · ~ecommendation from the City Attorney to table the J(T 1 .w ·· 1; . -(p v ~ agreement with Metncom. ' ()., ( ii. Council Bill No . 82 • Recommendation from the City Manager's Office to ~ adopt a bill for an ordinance approving an Intergovernmental Agreement with the City of Sheridan for Englewood to provide in-kind contributions for the I/ ,D renovation of tha Oxford Bridge . STAFF SOURCE: Gary Seara, City Manager. b . Approval of Ordinances on Second Reading . c . Resolutions and Motions. r. n,J~f i. Recommendation from the Library to approve , by motion, a contract for CJ;.~ , n-:,Jl:tdevelopment and installation of a smart-card Internet access control system /A 6~~) for the Englewood Public Library. Staff recommends awarding the contract 1 109, if-7" /. in the amount of $108,050 to Amazing Smart CMd Technologies . STAFF :f I C ol' SOURCE: Hank Long, Ubrary Director. 11 (c)(li) . Br-ha w-motion to approve ii. Recommendation from the Department of Financial Services to adopt a ~~: w~~> ·" resolution approving supplemental appropriations to the 1998 Budget. ramovlng SIOll.000 for Jlle,L,lbr-,Y D 'AfF SOURCE: Frank Gryglewlcz, Director of Financial Services. -....---r--muuun to amend by 171 SmartC~rd 6'.• -~1fu, i"er.:,o, O(p (tJ.~s ~'*~ "ii. Recommendation from the Department of Human Resources to adopt a / resolution approving the Englewood Firefighters Contract for 1999/2000. . /j () ST~ SOURCE: Suaan Eaton, Director of Human IINourcN. ~'1." O f-~SO· 10'1 PINN noe.: • yau twve a dlaablllty and nNcl awdllary alda or wvlcN, plaw nallfy .. ca, of E11glewoocl (303-712-2405) al leaat 41 haura In advance of whan earvloN .. nNdad. TIIMk you. . -• • • ' .. ., •· • C f -• r • • <, .enq,,wooct City Council Agenda r' ,OC'.mber 21, 1998 • • 'Jage 3 , 1 n · ... ii~,:r-iv. Recommendation from the City Manager to adopt a resolution authorizing the ~i ~ J City Attorney to negotiate for the purchase of property and, if unsuccessful, J11-:"",(:. .. ~.,,-It 1J proceed with condemnation. STAFF SOURCES: Gary Sears, City Manager ~ -{ ,~, t.JA&· /Dll and Dan Brotzman, City Attorney. Recommendation from the Department of Public Works to approve, by motion, a contract for Big Ory Creek Channel Improvements at the Englewood Commercial Industrial Center. Staff recommends awarding the bid to the low bidder, AGE, Inc., in the amount of $98,996.00 STAFF SOURCE: Chuck Eaterty, Director of Public Worka. 12. General Discussion. a. Mayor's Choice. /1 )~ ~ b. runcil Members' Choice. ~'IJ' -1 ~:It fO i . A resolution approving Aid to Other Agencies for 1999. 13. City Manager's Report. a. Englewood Center Update. 14. City Attorney's Report. Adjournment. q: ~O ~ The following minutes were transmitted to City Council between 12/4198 and 12/17/98: • Englewood Public Library Board meeting of November 10, 1998. .......... : .,... ....... ,., ....... _, .......... , .......... .., ... d ......... (IOl-112-240l)at laaat41 holn In ...... of ................... ,....,.... • • 0 - • • • • t• • (, January 4, 1999 Regular City Council Meeting ,. - • , . •. ..