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HomeMy WebLinkAbout1998-10-05 (Regular) Meeting Agenda- - • • • ' (. CCTOBER S, 1998 REGULAR CITY COUNCIL M££TING ORDINANCE t 7~/. ~8, 69, 70 RESOLUTION 1;"4, 95, 96, 97, 98, 99, 100 .. ,. -. , ~ • ' • 0 • •· • 0 • I. Call to Order • 0 I • • ~- ENGLEWOOD CI1Y COUNCIL ENGLEWOOD, ARAPAHOE COUN1Y, COLORADO Rqular Seuioll Octoller S, 1991 The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7 :35 p.m. 2 . Invocation The invocation was given by Council Member Nabholz. 3. Pled&e of Allqiance The Pledge of Allegiance was led by Mayor Bums. 4. Roll Call Present: Council Members Nabholz. Clapp, Garrett, Bradshaw, Habenicht, Waggoner, Bums Absent : None A quorum was present Also present : City Manager Sears Assistant City Attorney Reid City Clerk Ellis Director Olson, Safety Services Director Gryglewicz. Filmlcial Selvices (a) COUNCIL MEMSER SRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES or TIIE REGULAR MEETING or SEPTEMSER 21, 19'1. Motion carried . Ayes : Council Members Nabholz. Garrett. Bradlblw, Habenichl, Waggoner, Clapp. Burns Nays : Nooe 6 . Sclleduled Viliton (a) Director Olson shared with Council a oomrnemorative plaque, ruieiwd from Mission Hills Church in Littleton, honoring Englewood's Firc Fighters and the Olher fire orpniDlions tbal serve the South Metro commwlity . He advised that essentially, Million Hills Cbun:h, out or the benc:wlencc of their congrcgaaion decided that they wanted to honor three of the fire agencies in their area . Which included Englewood , Littleton and Castlewood Firc Prolection District . On the 21"', he advised, they held 111 outdoor cookout event and display at the Church on the corner of Orchard and South University Boulevard. Director Olson advised we werc there and it was very exciting. There werc a lol of members or the congrcgation present and Englewood had several picc.cs of apparatus on display, iDCludiDa ou, 1927 Model A Pumper. During that prcscnwion. he said, they gave Englewood a plaque, which is cxtrcmcly nice . He passed the plaque among the Council members . Director Olson explained it was not mi award or a ClOIUlt or anything like that. they just decided they would like to honor EngJcwood. bccaulc in --1 fubioas we . . •. I • • - • • Englewood City Council October 5, 1998 Pagel ' <, • 0 I • - do assist them, not only on emergency calls, but just being available . He said they were very gracious and it was just nice to be there . Mr. Olson opined it was an honor for Englewood to be included in that group of south metro agencies that they sponsored and wanted to thank. The plaque will be on display at Safety Services . Mayor Burns offered congratulations and asked for a round of applause. 7 . Non-teheduled Viliton (a) Debby Perry-Smith explained that she and Jim McDonough are the campaign CCKhairs for the Citi7.Cns for Englewood's Kids, which is representing the mill levy and bond referendum for the Englewood School District . Ms. Perry-Smith advised that she is a parcnl, has been involved in the Englewood Schools over ten years, has been involved with accountability commillecs, with the district accountability committee and also she is a business owner in the commwlity and owns property in the Englewood school district and she is very, very much in support of this. She said they have come tonight to seek their endorsement. if City Council can and will do that, for this particular issue . They have recently received endorsement from the Greater Englewood Chamber of Commerce and the Englewood Historical Society . Ms . Perry-Smith pointed out that the businesses are the ones who are going to carry the majority of anything, if it docs pass . She said it is tlvce times the amount of taxes, versus what the citizens will pay . She advised they have some information they would like to give to Council. One side note, she said, is that she actually lives in the Cherry Creek School District. but she made a choice ten years ago to keep her kids in the Englewood School District. Ms. Perry-Smith stated that if she had to make that choice now, if this does noc pass. she cannot say that she would make the same decision. She stated that in order for the Englewood School District to keep up with the rest of the metropolitan area they need to provide the quality of education they have been doing for so many years , they need to reduce the class si1.CS to more effectively teach the children. as well as maintain our buildings, which are all between 40 and SO years old. She said that Mr. McDonough wanted to share some things with Council and she wanted to pass out a packet to each member of Council. Mr. McDonough advised that they have prepared a packet which has several bits of information related to the particular schools and that way they would utiliz.e this bond money and mill levy override money . He said they are seeking Council's endorsement tonight. Mr. McDonough noced that he is the CCKhainnan of the Steering Committee and chairman of the Finance Committee and also the parent of a 7" grader at Flood Middle School . He said he thinks they want to recogni:zc that our schools have been doing pretty good . Our high school has been turning out some Boettcher scholars and everyone certainly knows that last year Flood won the Na1ional Blue Medal Winner for the middle schools . He advised that that designation means that Flood is in the top 2 pcrcenl of middle schools in the United States. We are doing well , but he opined. in order to compete into the 21 • Century we need to improve our educational goals. We need to maintain some of the programs, we need to reduce class si:zcs . Recent testing indicates, quite clearly, that we need to improve our reading and literacy skills . Our building facilities. he said, are much like the City's buildings, they are in need of repair. The roofs are in need of major repair throughout the Disuict. the ventilation systems, in many instances, are non-functional and there are a plethora of things that need to be taken care of just to maintain our buildings. Another reason they need so much money is because they are old and they need to actually preserve them . He explained that an aspect of the remodeling preservation. one of the things that would need to occur. is that the electrical systems would have to be upgraded. He explained that since we arc at a crossroads to the 21 • Century they decided it would be important to wire the schools for the technology that is on line now. in many instances. and that would be coming on line in the event we pass this bond proposition and mill levy override . The windows are in need of repair tlrroughout Ilic system . We would. he stated. increase the teaching effectiveness if they are able to reduce the class size to around 20 . 111:11 is their projected goal with Ilic proceeds from the bond and mill levy override and they will increase technology availability. Security is another aucial issue , throughout the District, he said, and tllis would provide closed circuit television facilities and such. so that they could monitor Ilic buildings more effectively . He said what it all boils down to is that they really want Council's support and endorsement and they want Couricil to join members of the business commwlity . He said he ,. - • I ... • • l ]- • • En&lewood City Council October !I, 1998 Paael • • • ... feels if they had the support of the Council and the administration ii would go a long way with the voters of our community . Ms . Perry-Smith advised that there was a committee of 30 members that met all summer long and very diligently went tluough reports, thal the Construction Management Department from CSU worked on all last spring. The Construction Management Department went tluough every building with a fine tooth comb, looking al every aspect. She pointed out that every project is listed and where the money is going to go. Ms. Perry-Smith stated thal they have also proposed that there will be a citi:zen's review board to hold the District accountable for the projects as they come on line. She asked if Council had any questions. Council Member Bradshaw noted thal she was son of playing devil's advocate . She asked why continue to repair old outdated buildings and why not just take turns building a new elementary school here or a new middle school there . Because, she said, sometimes it feels like they are throwing good money after bad. Mr. McDonough explained it is a cost factor . He said they had an estimate to replace the District's buildings, which would cost in excess ofSIOO million. He advised that they think the buildings can be repaired . For example, the life system of the roof can extended for another 20 years or so with the new high tech roofing coatings and stuff that they are putting on . Mr. McDonough pointed out that this analysis was not done haphazardly, ii was done through the auspices, and prepared by, the Education Assistance Program at Colorado State University, through their school of architecture and construction. And it was supervised by architects, architectural investigators, consultants, technicians and so forth . They are the ones, he said, that told them what they needed . He advised that over the course of the summer, the 30 member committee went tluough the reports and tried to find things thal appeared to be fluff and in the end they couldn't find any . Mr. McDonough said that they think the recommendations that the Colorado State University recommended. if adopted, will provide us with another long term window. before we have to consider repairing the buildings again. But, be said, to answer Council Member Bradshaw's question, it is basically because of the cost to replace all of the building's. Ms . Bradshaw said she didn't say all . She explained that she was talking to some of her neighbors about this . She asked how many mill levy increases we have had and Mr. McDonough advised thal the last one was in 1989. But, Council Member Bradshaw pointed out, prior to that we had like three in a row and their concern is why not just target one area and replace thal school. Ms . Perry-Smith noted that you still have to maintain and you are looking al a high school in excess of probably $30 million, which is more than the total of the bond referendum al this point in time. Then you drop down to maybe S 15 million to S 17 million for a middle school and between $7 million and S8 million for each elementary school . Mr. McDonough pointed out if they were to spend $30 million on a new high school, all the other buildings still need repair . Ms . Perry-Smith said she Wlderslood what Ms. Bradshaw was saying. Council Member Bradshaw said she was just trying to lel them know that thelc are the pboac calls she has received and the concern thal people have is why do lhlll Mr. McDonough said he doesn 't mean to be argumcn&aln'e. witll all due respect . Council Member Bradshaw said she just wanted them 10 clarify tllcir pCllition 111d the other question was if any of this was going to be used for salaries. Ms . Pcny-Slllith aid Ollly ia tllc mill levy. bond referendum money cannot be used for salary increases. it is only for CXJMIIUCliGa projecU ... uni IIIIICl'ill. The mill levy will help to reduce the class siu:s in kindcrpr1CII. 1•. r' and 3"' pade clown 10 20 •udcnts. to a I to 20 ratio . So they are looking at a few addilioaal tcadlen per ckm c t•y ICllool building. Ms. Pcny-Smith said that is where the State comes in, bccaulc if they clon'I ..-tllc iadillg ...,. II the State level al grade 3. they have to Slay back. So thal is where the CODOCIIUllioa 1-to be . Council Member Nabholz asked when was the lall time we had a bond rc:rcra.un. Ms. Pcny-Smith advised it was 1989. Ms. Nabhol z asked if thal bond is 1olally paid off. Ms. Perry-Smith said no . Mr. . . . ' 1 • • 0 - • En&lewood City Council October !Ii, 1998 Page4 (, • • , . • \. McDonough said thal he docs no1 know whal lhe bond reduction schedule is, bul he heard somebody lalking aboul ii lhe Olher nighl and he thinks ii has al least a decade 10 go before ii is completely retired. He noled that is jUSI an estimale and Ibey should gel Roscoe Davidson in here if Ibey wanl IO talk aboul thal Also, in reference lo that, Ms. Pcny-Smilh explained, Ibey looked at every projccl thal is scheduled IO go wilh the past bond referendum . Where ii was , whal had happened. whal hadn'I happened, why ... Ibey did a IOI of rcscarch on that 10 make sure thal if lhcre were blunders, lhal Ibey did no1 happen again . Thal is one of the reasons, she said. thal Ibey are calling for a review board, jUSI for aa:ounlabilily for the inveslmcnl lhal the citizens of the community are going lo make and the business owners as well . Mr. McDonough said. jUSI as a brief example, thal this is one of the wlurnes in a multi-volume compendium. lhat the CSU people prepared and ii relales only IO the flood and Sinclair Middle Schools. He noied thal as Ibey can see ii is a comprehensive analysis of programs and plans thal bolh of lhosc schools need and the facts and conclusions are included in lhe packCIS Ibey gave to Council, on an individual fact sheet for each school. Thal . he poinled oul, is a synlhesis of Ibis complele compendium. Council Member Habenichl asked if the group thal did this Sludy consider, al all, building any new buildings as an allemative. Ms . Perry-Smilh said Ibey did talk aboul it Mr. McDonough ooncurrcd and explained thal when the CSU people came back and told lhem lhal Ibey could revitalize lhese buildings lhrough the bond issue, Ibey decided. as the referendum committee, to recommend 10 the Board of Education. that Ibey adopt this altemalive, rather than pulling in new schools. Because, he said, we are still al lhe poinl. if wc are going lo spend S 15 million or S 17 million lo replace Sinclair, we are still going 10 have 10 spend an enormous amounl of money on the Olher schools. Bui it was considercd . Mayor Bums asked how Ibey happened 10 use CSU. iflhey had a special background. an expertise, in analyzing school needs . Yes. Mr . McDonough said. their progmn is called the EdUCllion Assistance Program and Ibey have been doing it all over lhe State and for a mulliludc of districts. He nOled they always worry aboul information overload. bul if Council wants lhal informllion Ibey can get il Ms . Pcrry-Smilh added thal lhe combined experience, of lhesc lwo particular individuals that did this, is over 60 years in the archilectural and construction management field . Mayor Bums said that on lhe lcchnological side lhinp are moving III ful thal he wondered if Ibey could find themselves with new accommodations and tcchnology and then all o( a sudden you have more accommodalions you have to make . Because. he COIIIIIIClltcd. this thing -to plaleau throup one generation lo anOlher in a couple o( years . Ms . Pcny-Smith advised 11111 lhe plan for tbal is to talle heed o( Whal the Sheridan School District did. They led a portion o( lhe ftads ... ilM:IICll lhem in 8 llllll. wbcft Ibey could have continuing income coming in from that money to updalc • Ibey IICCldcd to. So 1h11 is Mlal lhe plan is for the lcchnology . The Olher key plr1 o( lhat. she said, is lhe elcctrical .-n. The ICllools jull aren't wired for it. As an exaq,lc. Ms . Pen}·-Smith said. and lhe fire and police people here ca lelbfy, Flood does nOI have an all school intercom . They just got wired with a fire S)'IICm last summer. So, lhc pointed ou1 . Ibey are looking at safely issues 1h11 are ablolutdy critical. apccially in this day and•· If Mr. Cohen, the Principal needs to ... 10 somebody on the othc, floor , be ca'I pick up lhe phone and call lhem . Or if a teacher has a kid oul o( control she has no way 10 communicale with lhe off'ICCI' o( security . So juSI from an electrical standpoinl and technology. ii is all inter1wincd . Mr. McDonough explained lhat they can al•-ays add on and change the peripheral systems. but the imponant componenl of thal is having lhe plaa: wired so you can pul ~ you want on the periphery for the lcchnology. So, he said , as lcchnology changes and wc have lhe capilal investment to update our pcriphellll sySlcms, lhal would be available . So the core issue , and I major component o( lhe rebuilding, is 10 provide the infrastructure. the fundamental core sy stems, so Ibey can have the peripherals available as they change. For example , Mr. Mc Donou gh advised. Ibey won't be I slave to a particular gencntion o( an operating sci of unils and so forlh . As 1heir usefulness in life is used up, Ibey can still go inlo the next generation. the ncxl plaleau . . . ,,_ . ' • • • 0 - • • • , . • . . Englewood City Council October 5, 1998 Pase5 Mayor Bums thanked them for coming. Mr. McDonough said in sum they would very much appreciate Council's endorsement. He llwlked Council for their time . Ms. Perry-Smith thanked Council for listening to them and giving them extra time. (a) A Idler from W. Mark Balber indic:ating his resignation from the Englewood Board of Adjustment and Appeals was consiclcred. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF W. MARK BAUER FROM THE ENGLEWOOD BOARD OF ADJUSTMENT AND APPEALS. Motion carried. Ayes: Council Members Nabholz. Garrat, Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays: None (b) A letter from Judy Courtwright indicating her resignation from the Englewood Public Library Board was considcn:d . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF JUDY COURTWRIGHT FROM THE ENGLEWOOD PUBLIC LIBRARY BOARD. Motion carried. (c) considered. Ayes: Council Members Nabholz, Gam:tt, Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays: None A proclamation declaring the month of October 1998 as Crime Prevention Month was COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION PROCLAIMING THE MONTH OF OCTOKR 1,,. AS CRIME PREVENTION MONTH. Ayes : Nays: Motion carried. Council Members Nabholz, Gama. Bradshaw, HabcnicN. Waggoner , Clapp. Bums None Mayor Bums prescnuxl the proclamation to Crime Prevention Officer Nancy ~- (d) A proclamation declaring the week of October 4 tlvough 10, 1991 u Fire ~ntion Weck was considered. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION PROCLAIMING THE WEEK OF OCTOBER 4 THROUGH 10, 1,,. AS rDlE PREVENTION WEEK. Ayes: Council Members Nabholz, Gam:u. Bnidthaw, Habcnichl, Waggoner, Clapp. Bums Nays : None " - , ' • . ., • • 0 - • • Englewood City Council October 5, 1998 Pase6 Motion carried. <. • • t• • Mayor Bums presented lhe proclamation to Safety Services Din:ctor Olson. (e) A proclamation declaring lhe week of October 2S through 31 , 1998 as Red Ribbon Weck was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION PROCLAIMING TIIE WEEK OF OCTOBER 25111ROUGH 31, 1998 AS RED RIBBON WEEK. Ayes : Council Members Nabholz, Garrett, Bradshaw, Habenicht. Waggoner, Clapp, Bums Nays: None Motion carried. Mayor Bums presented the proclamaaion to Safety Services Din:ctor Olson. Mr. Olson explained that Red Ribbon Weck has been, essentially, a national campaign that we have panicipated in for several years. It is a drug awan:ncss type campaign, he said, and they will see red ribbons attached to lot of antennas and signs out in front of Safety Services, it is an awareness week . (f) A proclamation declaring the week of Oct.ober 2S through 31, 1998 as Community Policing Week was considered. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION PROCLAIMING 111E WEEK OF OCTOBER 25111ROUGH 31, 1998 AS COMMUNITY POLICING WEEK. Ayes : Council Members Nabholz, Garrett, Bradshaw. Habenicht. Waggoner, Clapp, Bums Nays: None Motion carried . Mayor Bums presented the proclamalion to Safety Services Din:ctor Olson. Mr. Olson reminded everyone that Safety Service's Open House is this Salurday from 10:00 am. to 2 :00 p.m . 81 the Safety Service's complex . He said they would like to see everyone over there, that the weather should be pretty good and there will be events and displays. 9. hblic Hearia1 No public hearing was scheduled before Council . 10. Coa-t Apda (a) Approval of Ordinances on First Reading Mayor Bums advised he has been asked, by the City Attorney's Office. to pull Agenda Item 10 ta) (ii), which is not quite ready for Council's review . (Clerk's note : Agenda Item 10 (a) (ii) -COUNCIL BILL NO. 61 -A BlLL FOR AN ORDINANCE APPROVING AN IN'IElGOVERNMENT AL AGREEMENT BETWEEN THE Cl1Y OF ENGLEWOOD, COLORADO AND THE STATE OF COLORADO, DEPAR1MENTOF PERSONNEL WHICH ALLOWS THE Cl1Y OF ENGLEWOOD TO PURCHASE SOfTW ARE FROM ST A TE NEGOTIATED SOFTWARE VENDORS . ( MAYOR BURNS REMOVED 10 (a) (ii) FROM TIIE CONSENT AGENDA. . . . , • . j .. • • 0 • • • • (. En&lewood City Council October 5, 1991 Pase7 COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i), (iii) ud (Iv) ON nRST READING. (i) COUNCIL BILL NO. 54. INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING Tm.E 12, CHAPTER 2, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO WASTEWATER UTILITY . (iii) COUNCIL BILL NO . 63 , INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING A GRANT OF WATER LINE EASEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND DUROMAC PARTNERSHIP FOR THE PURPOSE OF INST ALLING A WATER MAIN ON A VACANT SITE AT WEST EVANS AND SOUTH RARITAN. (iv) COUNCIL BILL NO . 64 , INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING A GRANT OF WATER LINE EASEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND RALPH VANDERHORST FOR THE PURPOSE OF INST ALLING A WATER MAIN ON A VACANT SITE AT WEST ADRIATIC AND SOUTH RARITAN . Voterealts: Ayes: Council Members Nabholz. Gam:tt. Bradshaw. Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried. (b) Approval ofOnliunces on Second Reading COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 {II) (i), (10, (iii) aN (h') ON SECOND READING. (i) ORDINANCE NO. 63, SERIES OF 1998 (COUNCIL BILL NO . 49. INTRODUCED BY COUNCIL MEMBER WAGOONER) AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE PRO ::PU1T SYSTEMS , INC . AGREEMENT. (ii) ORDINANCE NO. 64 , SERIES OF 19911 (COUNCIL BILL NO . ~. INTRODUCED BY COUNCIL MEMBER WAGOONER) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND THE CITY OF ENGLEWOOD PERTAINING TO A GRA1'IT ESTABLISHING A TRAFFIC ENFORCEMENT PROJECT . (iii) ORDINANCE NO . 65. SERIES OF 1998 (COUNCIL BILL NO . 57, INTRODUCED BY COUNCIL MEMBER WAGOONER) . , .. .. • • 0 ' I - - • • • • Enckwood City Council October 5, 1998 Pases AN ORDINANCE AMENDING TITLE 7, CHAP'TER 6F, SECTIONS 4(A), 4, S, B(A) AND 9(C), OF nm ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO JURISDICTIONAL LIMITS . (iv) ORDINANCE NO. 66, SERIES OF 1998 (COUNCIL BILL NO. S9, INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUTHORIZING AN ASSIGNMENT OF RIGHTS UNDER A LEASE BETWEEN nm CITY OF ENGLEWOOD AND RADIO PROPERTY VENTURES AS 11ffi SUCCESSOR IN INTEREST TO MEDIA El'n'ERPRISES, CORPORATION . Vote ranltl: Ayes : Nays : Motion carried. Council Members Nabbolz, Gamtt, B.adlhaw, Habenicht, Waggoner, Clapp, Bums None ( c) Resolutions and Motions Tbcre were no additional n:solutions or motions submitted for approval . (Sec Agenda Item 11 -Regular Agenda.) 11 . Replar Apda (a) Approval of Ordinances on Finl Reading (i) A recommendalion from the Dcpao,ICIII ofNcigbborbood and Business Dewlopmcnl to ooosider a bill for an onlinace rcprding die Planned Unit Dcvdopment al 309S South Uni~ty Boulevard and to set a public bearing on this issue for November 2, 1998 was considered . Tbc City Clcrt was asked to rc:ad Council Bill No. SS by title: COUNCIL BILL NO . SS, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING 11ffi REWNING FROM R-1-A SlNGLE-FAMIL Y RESIDENCE, TO PLANNED UNIT DEVELOPMENT (PUD) FOR PROPERTY LOCATED AT 309S SOUTH UNIVERSITY . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 5S. Ayes : Council Members Nabbolz, Gamtt, Biadlhaw, Clapp, Burns Nays : Council Members Habenicht, Waggoner Motion carried . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO SET A PU8UC HEARING ON COUNCIL BILL NO. !15 FOR NOVEMBER 2, 19'1. Council Member Bradshaw advised that she is voting ror these, just to get the process moving. 1bll docs not mean, she said. that she has changed her mind. Mayor Burns said he doesn't daink it docs for pniblbly any of them. Voteraalu: Ayes : Nays : Council Membcrs Nabholz, Gama. B.adlhaw, Habeaiclll. Clapp, Bums Council Member w...-- • I • . • ~· • • 0 ]- - • Eackwood City Council October 5, 19911 Pace9 Motion carried. .. • ,... • • (ii) A rcconuncndalion from the Department of Neighborhood and Business Development to adopt a bill for an ordinance approving an lntcrgovcmmcnlal Agrccmcnt which acceplS grant money from the U.S. Economic Development Aclministraion was consicbcd. The Cily Clerk was asked to mid Council Bill No. 62 by title: COUNCIL BILL NO . 62, lmRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING AN rNTEROOVERNMENT AL AGREEMENT PERTAINING TO A LONG-TERM ECONOMIC DETERIORATION IMPLEMENTATION GRANT TO DEMOLISH A PORTION OF THE PARKING S11UJC1URE AT THE FORMER CINDEREILA CITY SITE BETWEEN THE CITY OF ENGLEWOOD, ECONOMIC DEVELOPMENT ADMINISTRATION (EDA), COLORADO ST A"m HISTORICAL SOCIETY AND THE ENGLEWOOD ENVIRONMENTAL FOUNDATION. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 62. Motion carried. Ayes: Council Members Nabholz, Clam:ll. Bradshaw, Habenicht, Waggoner. Clapp, Bums Nays : None (iii) Din:ctor Gryglcwicz pn:scnled a recommendation from the Depanmcnt of Financial Services to adopt bills for oRlinanccs approving and appropriating the 1999 Cily of Englewood Budget. He explained that these two bills adopt the 1999 Budget and approprialc funds for the fiscal year 1999. (I) The Cily Clerk was asked to mid Council Bill No . 67 by title: COUNCIL BILL NO. 67, lmRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE ADOPTING 1llE BUDGET OF THE CITY OF ENGLEWOOD , COLORADO, FOR THE FISCAL YEAR 1999. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Iii) (I) -COUNCIL BILL NO. 67. Motion carried. Ayes : Council Members Nabholz, Clam:ll. Bradshaw, Habcaic:lll, Waggoner, Clapp, Bums Nays: None (2) The Ciiy Clerk was asked to raid Council Bill No . 68 by title : COUNCIL BILL NO . 68. lmRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES rN 11iE CITY OF ENGLEWOOD, COLORADO, IN 11iE FISCAL YEAR BEGrNNrNG JANUARY I , 1999, AND ENDING DECEMBER 31 , 1999, CONsnnmNG WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1999 . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Iii) (2) -COUNCIL BILL NO. 61. • II' - '' • . .. • • 0 , I --- • • • • • • Ea&tewood City Couacil Octeller 5. 1998 PqelO Molion canicd. Ayes: Council Members Nabbolz, Gam:tt, Bllldsbaw, Habcnichl, Waggoner, Clapp. Bums Nays: None (iv) Dircc:lor Gryglewicz pacmd. m:ommcnclation from the Dqmment or Financial Scrvi<lCS to adopt a bill for an ordinance atablilbing the 1998 Mill Levy to be c:ollcctcd in 1999. He advised tbal the Mill Levy bas llaycd the ane for the Geaenl Fund. that is S.18 mills, since 1991 and the Mill Levy for the DdJt Servic::e Fund bas declincdjull Iii~. to 1.46 mills. for the City. The City Clerk was asked to read Council Bill No. 66 by litle: COUNCll.. BILL NO. 66. INl'RODUCED BY COUNCll.. MEMBER WAGGONER A BILL FOR AN ORDINANCE FIXING TI1E TAX LEVY IN MILLS UPON EACH DOLLAR OF TIIE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WTl1IIN TIIE CITY OF ENGLEWOOD, COLORADO, AND ESTABLISHING A MILL LEVY FOR TIIE ENGLEWOOD DOWtm>WN DEVELOPMENT AlJilK)RlTY. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) fw) -COUNCIL BILL NO. 66. Ayes : Council Members Nabholz. Gam:tt, Bradshaw, Habenichl. Waggoner. Clapp. Bums Nays: None (b) Appn,val olO.-oa Secolld Radiq (i) Council Bill No. SI, approrins the aaignmc:nt ol a radio tower lease, was considered. Bun Kaur-. the majority patner ol the partnenhip. lhlt for naiy years. bas oned radio 11a1ioD KQXI. advilcd 11111 they have Clllercd into a coanct for sale ol 11111 llalioD to ABC Inc . He llalcd they have already imtallcd their Di-, childml's radio formal oa die llalioD and have been openliDg • llldl. for some lime, UDder whal aiuld looldy be clescribcd Ma lease FT 11 I M. 1'lalp. lie aid, ia radio lad they cloo't call it ....... they have aaodler -for il But eaealially ... is ... • -to. 1'llcy certainly fed they have bnlllglll die City ol Eaglewood a very iWias and app1op.ille aew W for die space their tower bas OCICUpicd for 41 years. to tlle bell ol llil kmwleclF -Mr. "--...S dlCy think they have been • good --and dial they will be • beaer ICllllll He .... dlCy will do pal tbillp and bring a pal deal ol very good praa and aotoriely to die City or~ TIie Director ol the Disney owned radio llaliNs. Mr. Buz Powers ii IICl'e. be advilcd. la facl. lie aid. Mr . Pvwcn -with Council two wccb ago and praealcd diem widl llle funny little black tlliap. Mr. Powers Slated that. on behalf ol Radio Disney. tbcy are quile excited aboul lllllkina Englewood their home . He said they are ainmtly in 36 llllllkets aaua llle llllioa. This. be llid. is a 1111yc1r ..tia IO lllan. simply becaUIC or tbe family values lhlt IR exemplified here. in tbe City or EaaleMIOd and die meuopolitan clillrict. Mr. Pvwcl'I advilCd dial their 1111111e11 is IO pt die ...... of lease owe, to diem. so thal they can llart moviag l'orwanl with die llalC8II')' tbillp dlCy 11111111 10 do to impn,wc 11n1C1uR aad iDcrcale llle lipal and llart llirial people. He Ulcd tbcy Mk:oae ... aad lam for la)' IIIPPlll1 dlCy CM ... • • • • • 0 En&tewood City Council October 5, 19911 Pace 11 .. • • - \. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (i) -COUNCIL BILL NO. SI ON SECOND READING. ORDINANCE NO. 67. SERIES OF 1998 (COUNCIL BILL NO. 58. INnODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AtrrnORIZING A CONSEJlrl' TO ASSIGNMEJlrl' OF LEASE AMONG 1llE CITIES OF LrrrLETON AND ENGLEWOOD AND ABC INC. Council Member Habenicht said thal she knows, in the past, there have been some concerns that they have discussed at several water board meetings. that there may be, from time to time, some problems with interference because of this Slation . She noted he just indicated they inlend to increase the frequency. She said she knows we have some businesses in the area that are cona:mcd about interruption with the telephones and things. She said she doesn't know the technical words, but she -wondering how that might be addressed. Mr. Kaufman advised thal lirsl of all the power has been inacascd for some time already. What has actually happened is radio KQXI. which broadcasts 1550 kilocycles, has operated for years at I 0,000 watts. He stated that they applied for. and reccivcd pcnnission. to build a second signal broadcasting on 1690 and both signals are now broadcasting, and in fact it was sometime in March that they turned that on. He said he might add, relative to her question. that she may remember that they moved from one comer of the property to another comer of the property . At the time they did thal and the time they turned on 1690 in March, they did reccive some phone calls from some of Englewood's citizens saying that they could hear the radio station in their telephone. Mr. Kaufman explained thal many electronic devices are not shielded adequately from radio signals and they just pick it up out of the sky, just as any radio docs. He stated they responded to all of the inquiries from Englewood's citi.7.cns and in a number of cases they provided them with filters that removed the signal from their property. Thal. he pointed out, is their general altitude, they do try to cooperate. Mayor Bums asked if they have had any indicatioo of any interference with the Public WOlb Depanmeot or Safety Services of the City. Mr. Kaufman said none whatsoever. Mr. Powers said he wanted to add that it is their policy also to provide citizens with filters for their telephones, if that issue occurs. So, he noted, they are prepared lo do that as well . Council Member Nabbolz advised that she has filters on both her phone lines and she can stiU hear them loud and clear. Mr. Powers said. to be quite honest. the problem is with the phone a,mpany . He nolcd they are opeqling within all legal guidelines. and then some. Mr. Kaufman asked if she has a portable telephone. Council Member Nabholz advised it is a combination of both. it is a fax machine, a regular telephone, a portable telephone and they pul silencers on both lines on the outside. Mr. Kaufman advised that a regular telephone, hooked out of a wall jack, is much easier to cope with and sometimes they have lo pul on two. three or four fillers, in-line. to get enough filtration 10 remove it. The problem with a portable phone is thal it has an anlcnnac and that antennae acts just like a radio receiver and you can't filter it out, because if you filter out their radio signal you will also filter out the telephone signals you are receiving. He noted it is kind of a catch 22 situation. Mr. Powers advised that he would gladly send one of their engineers over to help her, if she nccdcd help. Council Member Nabholz thanked him. Council Member Habenicht asked the Assistant City Attorney if this license aam:n-t gives the City some n:coursc for relief for citizens or busincsles in our community who have problems or if there is Qlldhing --------' . , •, I • • • 0 , Englewood City Council October ~. 1998 Pa,:e12 ·, • • • we can do to assist through the phone company or something. Assistant City Attorney Reid advised that the assignment doesn't give us any more authority or leverage than we had before, in the prior lease, because all it docs is assign it to another party. Basically, she explained, this area has been preempted by the Federal Communications Conunission. They are the ones who make the rules and set up the pirameters 1h31 they can work under. All we can do, she said, is refer people to the FCC or the Slate. Council Member Waggoner advised that the FCC is the one that establishes the range of the frequencies . Council Member Habenicht asked if there would be any way of twning things to align more with. like a roadway rather than houses or something. Mr. Kaufman said no. the signals they are broadcasting are omnidirectional and that's a malter the Conunission rqulates. City Manager Sears said that just as a follow-up on that, they have not had too many complainls internally . But. he asked, with this new anangemcnt, is there a way citizens could make contact with them. Sure, Mr. Kaufman said, their telephone number is 783-0880 and they should ask for their operalions manager. Mr. Kaufman asked Mr. Powers ifhe would have it set up the same. Mr. Powers said yes . Assistant City Attorney Reid advised that the lease includes the official parties to be notified . Ayes : Council Members Nabholz, Garrett, Bradshaw, Habenicht. Waggoner, Clapp, Bums Nays : None Motion carried . ( c) Resolutions and Motions (i) Director Gryglewicz presented a recommendation from the Department of Financial Services to adopt a resolutioo clcclaring the inlcnt of the City to reimburse itself with proceeds of a future borrowing for capital outlays connected to the Cinderella City redevelopment project and the proposed Civic Cen1er. He explained that this resolution just declares the City's intent that any capital eq,enditures for the Cinderella City site would be within the future borrowing, whate\oer that may be. Mayor Bums asked if there is kind of a cap pul on this. Director Gryglewicz advised that there is no cap on it. it is just that whalever we expend now would be reimbursed from any future borrowing. He stated it is a legal issue that is required. City Manager Sears pointed out that they do have a limit of not to exaied S24 millioo . Director Gryglewicz explained that they put S24 million down, although we don't believe that is what the borrowing will be . He said that includes not only the bornnwng. but capitalil.ed inten:sl and any other issuance a>ll. So. he noted. they don't believe that is what it will be, but they wanted to make sure we were high enough thal we could include everything that will be needed on the site. The resolution was assigned a number and read by title : RESOLUTION NO. 94 . SERIES OF 1998 A RESOLlJTION OF THE CITY OF ENGLEWOOD . COLORADO DECLARING ITS OFFICIAL INTEJIIT TO RElMBURSE ITSELF wrrn THE PROCEEDS OF A FUTURE TAXABLE ORT AX- EXEMPT BORROWING FOR CERTAIN CAPITAL EXPENDITIJRES TO BE UNDERTAKEN BY THE CITY ; IDENTIFYING SAID CAPITAL EXPENDITIJRES AND THE FUNDS TO BE USED FOR SUCH PA YMEJIIT ; AND PROVIDING FOR CERTAIN OT1fER MATTERS IN CONNECTION THEREWITH . ..-.---' . ' • . I • • 0 ' ]- • Enstewood City Council October 5, 1998 Pace13 ·, • • • COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -Rt:SOLUTION NO. M, SERIES OF 19'1. Council Member Clapp Slated that she cannot, in good aJllllcicna:, vote for this, bccallle all al her queslions concerning the housing have not yet been --red. So, she said, she will be vocing no for that reason. Ayes: Council Members Nabholz, Gama, Bradshaw. Habenic:hl. Waggoner. Bums Nays: Council Member Oapp Mocion carried. 12 . Gneral Di1C11aioa (a) Mayor's Choice (i) Mayor Bums advised on Friday he lltendcd the Housing NOW Confercnc:e, which the City assiSlcd him in attending and he served on a panel of mayors which was very well RJCCivcd . He noted there was a lol al discussion, with a full room al ancndccs, 1111 the various ways in which cilics arc llying 10 assill their a,mmunitics with affordable housing. Mayor Bums said he dilCUllcd the Cinderella City development and obviously wc have higher end rentals in there. but lherc is a different kind of housing in that clcvclopmcnl. He said he lalkcd about our rdulb loan program and Build program and other mayors talked aboul their cxpmding cilics and transpor1alion problems. The lllcndecs, who were all pn:ay eq,cricnccd housing people, seemed 10 feel as those ii was well rcccivcd. Mayor Bums Slalcd he then left and had lunch and went down lo the CML Allomcy's Confcrcncc II Glenwood Springs, II the Hold Colorado . He said he spent aboul an hour lherc and got the materials for the confcrcncc. which looked like a good one. Then. he noted, he went to the Colorado Public Pension ConfcmKlC in Keystone lalCr thll afternoon. whcR: Carol WCICOII. from the City, win anc:ndance. Mayor Bums advised he -lherc bccamc his lady. Karen Susman. w the apcakcr at the~ Friday night and at the lasl half day Rlsion on Saturday, on prcscnlalion skills and speaking skills. He said be had a chanoc 10 IIICCI a number of people from around the Stale who work in invaling our pension fuads. This is an inlcrcsling conference and they do have mmc good scaions for beginners in this flCld and, be suggcslcd. wc might want lo send more people from the City one of these days. (ii) Mayor Bums thanked Council tonighl for their effort II the visioning and imaging meeting. 11 is always a lilllc amorphous 10 do those kind al things. but be thought ii w IIICful . (iii) Mayor Bums advised 111111 he talked IO Alex Habcnichl today about ICIViDg on .. advisory committee for the County. The C-ounly is revicwiDg their compn:bcnli\'C plan and Ibey havc asked clcclcd alflcials 10 IICfVC on an advisory committee and wllll they are ..._g aboul is having Council Member Habenicht be the dclcplc and he. Mayor Burlll .wki be the alterMc. Thal wiU be a lCria al mcclings. once a month. through February. He thm*cd Ms . Habcnichl for her inlcral in dial. (iv) Mayor Bums reminded everyone about the Safdy Service's Open House on Saturday. He noted ii is always a good c:vcnl and he was hopeful ii would be wcll llllendcd and ii looks like we ~;n have good weather. (b) Council Member's Choice (i) Council Member Nabholz : • . , •. .i • • 0 • Englewood City Council October !I, 1998 Pace 14 • .. • • I . She advised of a Tri-Cities planning meeting, "Face II" Summit on Homelessness, October 14 .... with Englewood, Sheridan and Littleton and noted that Susan McDo1U1CII will be there. Basically, she noted, Sheridan and Littleton have said they have no homeless and no families at risk. So, she said. she guesses they are all right here, in Englewood . Council Member Nabholz ena,uraged all of Council to attend if possible . 2. She shared with Council a coupon book she n:a:ived in the mail, even though she doesn't live in Washington Part. Eventually, she suggested. they could take a look at it and perhaps consider some son of coupons for Cinderella City . And Aurora has come out with a new fan, and it has their council members and mayors and all kinds of nea1 stuff on it, kind of a promotional type idea. 3. She requested Councirs permission to attend the National League of Cities Conference in Kansas City from December 1 • through the S-. Ms . Nabholz said she would appreciate their consideration. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO SEND COUNCIL MEMBER NABHOLZ. AS OUR REPRESENTATIVE, TO TIIE NATIONAL LEAGUE OF CITIES CONFERENCE IN KANSAS CITY, MISSOURI FOR THE APPROPRIATE AMOUNT. Motion carried. Ayes : Council Members Nabholz, Garrett, Bradshaw. Habenicht, Waggoner. Clapp, Burns Nays : None Mayor Burns stated that he attended this 1351 year, as Ann Nabholz did. in Philadelphia and it was an excellent conference. He said he hasn't decided whether he will be able to go this year or not, but it really is a good conference. He noted we have many local delegales from the Denver area who are very active in NLC and some are on the board of directors. Council Member Nabholz thanked Council for their vOle of approval. (ii) Council Member Ganctl stated that his Mom informed him that City Council made a donation in his Father's name at his church. He advised that was the major love of his life, so he wanted to thank everyone for that consideration. (iii) Council Member Bradshaw: I . She apologized lo Director Olris Olson and his staff', because she teaches on Satunlays so she can't make the Open House. But. she said. she does appreciate the job they do . 2. She advised she n:a:ived a phone call (rom a resident in our City , who has a neipbor's tree that is adversely impacting his property . The l'OOlS of the tree are cracking his foundation 111d i& is not on his propcny . They have tangled up the sprinkler system on that propeny and also they have impacted the sidewalks. they are lifting the sidewalks up . Ms. Bradshaw noted it is a Silver Leaf Poplar, which we don't allow in the City , but this is a very old tree . She said she wanted 10 ask staff' whal we can do to help this person. as appan:ntl y the neighbor is very unwilling lo deal with it Maybe, she said, we also 1-1 to take a look al a policy on old trees in the City and how lo go about systematically replacing thore or providing assistance lo citi7.CIIS. because that is a very. very costly thing. She advised that she undcnlood the one bid he had lo remove the tree was S 1300. but ii is not on his property and it is impacting his house . Council Member Bradshaw said she would like 10 have S1afT look al that. if possible. City Manager Sears asked that she provide his name and address . She said she would. that she has already advised Jerrell Black about this . She advised that Dave Lee was the conlact to her. Mr . Sears advised he would also have Clvi1 Olson take a look 11 it. Ms . Bradshaw opined that they may need 10 do some mediation, because it is a preay hostile situation. ' ... . .,i • • 0 - - En&lewood City Council October 5, 1998 Page15 • • ,~ • Council Member Habenicht said she would like to tack something on to that She stated if we are looking at a program to offer assistance with the removal or identification for the removal of old trees, that we also look at some son of program that goes along with that for replacing trees as well, so wc keep that beautiful canopy. (iv) Council Member Clapp: 1. She said she was looking al this letter from Barb Fout and that she thought all of our records, minUleS from our meetings, were public records and easily attainable. She asked, as a Council Request, to know what that process is and how one would go about obtaining something like that out in the public. She stated she is very concerned that a very good and active citil'.CII of ours, who knows the system and knows how to work within the system. had so many problems obtaining public records. 2. She commented that she was a lillle disheanened to read the Herald and see that a couple of her constituents felt it necessary to write about traffic. when she totally and wholeheanedly agm:s with them ... wc have a traffic problem. She staled she has addressed it and she has requested. DOI of Gary Scars in the last twelve month, but that was one of her first requests and she was told that we did DOI have the staff to do a comprehensive traffic plan and look at some of the ways that we could alleviate some of the traffic congestion on Logan. and some of our other areas. where we have people commuting through our City. Ms . Clapp said she would ask Council al this time to please re-look at that. see if there is some way we can revisit this. She opined the problem is DOI going to go away. it is only going to get worse, we are growing in Colorado and we are going to continue to get squcaed. It is DOI going to go away, so, she said, she would ask for that. One of the areas of concern. Ms . Clapp pointed out. is Belleview and Logan. She said she docs DOI know what can be done then:. but she is DOI the expen and she would like staff to look at that. She stated that the area around All Souls. as they drop off and pick up children, needs to be addressed and looked al and see if wc can assist with flashing lights or whatever it takes. Council Member Clapp emphasi7.Cd that her concern is the safety and well being of the children there. Ms. Clapp advised that she has received two more complaints in the last two weeks about increased traffic on Clarkson. lbcre is also a concern that perhaps wc need a traffic light al Broadway and Mansfield. She said these an: just a few of the areas and there will be many more and this is why she is coming to Council and requesting a comprehensive traffic Sludy plan. It has to be put together in such a fashion that we are DOI just stamping out fires around the City, thal we are really looking al this and deciding how we are going to deal with the traffic flow through our City. (v) Council Member Waggoner said he was a little annoyed at the resignalion from Martt Barber in that he says "it has become very clear that the Board of Adjustment. as it is presently being utiliud. provides an insignificant service to the community and to my knowledge there seems to be DO desire or cffon on the City's pan 10 redefine the role of the Board of Adjustment." Mr. Waggoner stated, as he remembers the Board of Adjustmelll and Appeals. that it is pretty "-ell CSlablished, as far as any rules and regulalions. the way they operate and the cases they hear are very well defined. He said he would guess he is just surprised at Mr. Barber's comments as it seems. to him. thal they are constituted under our own rules and regulations and under the Statutes. as what they provide and the service they provide. He asked if that was DOI ll\le. Assistant City Allorncy Reid said it is. that it specifically says, Wider the State Statutes. the Chaner and ordinances adopted by the City. what the puametcrs of their jurisdiction are. Council Member Waggoner said if somebody doesn't agree with the ruling of the building official, then they go to the Board or Adjustmcnl and Appeals. Assistant City Attorney Reid said that was right, if they want a variance and llial's aboul it Council Member Bradshaw said then llicn: is DO way we can change. She asked. for instance, if people want to improve llieir houses. and because ii is not a hardship it doesn't meet that criteria. is thal just the way ii is . Assistant City Allorncy Reid said ii was her widerstanding Council Member Waggona was questioning their jurisdiction and what they an: allowed lo do. She asked Ms . Bradshaw if she was talking . ' •, I ... • • 0 ' ]- ] • • En&tewood City Council October !'I, 1998 Pa,:e 16 . . • • • about changing the criteria for granting a variance. Council Member Bradshaw said yes and asked who could do that. Ms. Reid advised that Council can do lhat. Council Member Bradshaw stated she thinks that is what it is, that they have had to tum down some really nice additions on homes because of the criteria. She asked if lhat was true or not. Mayor Bums asked if they could find out what Mr. Barber really meant by lhat. He suggested they let Mr. Barber tell them what he is concerned about. If he thinks there should be changes in the ordinance, then he thought it would be useful to find out what those arc . Council Member Waggoner noced that they certainly can't assign them a planning elf on or anything like that. Mayor Bums agreed and commcnled that they arc an appeal body. Council Member Waggoner llaled that he doesn't understand what Mr. Barber's problem is. Assistant City Allomcy Reid said her understanding is that some of his concerns were that he didn't care for the way some things were presented to the Board. But, she advised, based on the Board's rcquesl, Neighborhood and Business Development made several changes in how they present cues and lhat sort of thing. Ms. Reid said, to be perfectly honest, she could ROI recall a time they turned down a variance . City Manager Scars ROled he is ROI totally familiar with this, but he bas talked to Bob Si1111*)11 and Nancy Reid a little bit. He said he thought Kells Waggoner was right, that they meet very infn,qucntly and they only meet on specific types of items. Mr. Scars advised that, in discussions with some of the Board members, he thought they wanted to expand their role in terms of defining a litllc bit more what can happen . Council Member Bradshaw said she thinks we need to sort of get ahead of the tide as far as people adding on to their houses. as far as popping the tops and things like that She opined we need to get a type of a City policy. Council Member Oapp advised that she actually kind of explored adding on to the front end of her home, where they have an ovcniml garage in the back and a very small backyard. She said she thought, for their children. it would be a better land use, personally, on their lot, to expand on the front. But she was told the set back would ROI allow tbal and so she jUSl gave it up . Assillant City Attorney Reid questioned whether she had asked for a variancc. Ms. Clapp said she did not, tbal she jUSl gave it up II tbal poinl in time . But, she lllllcd, she thinks tbal is IOlllcthing Council could look at. Council Member Clapp opined tbal a lot of people arc like her. if it is going to be a 1-lc she is probably ROI going to go to the trouble to do it. it might be easier for her to find another home. Because, she ROlcd. it is brain daJNgC as it is. to add onto a home. without having to go through this. Council Member Gam:tt said it would be intcn:sting to sec what this gentleman bas to say, because when he was on Planning and Zoning one of the complainU they got from the Board of Adjusbncnb is tbal they were seeing too much and some of the Slulf they did on Planning and l.oning was to keep from having so many variances to deal with . Because. he ROlcd. they were complaining because they were getting variances on accessory buildings and all that other nonscnsc. So they had to change the mning ordinances 10 fit lhat so we wouldn't do so many variances. he explained. He commented lhat it is son of an interesting tum. Mayor Bums commenled lhat maybe we should have left them with the Board. maybe they feel unapprecillcd . Mayor Burns ROled th:11 he was jUSl reading the other day that the reason for front set-backs is 11> you can park the car off the street in the drive. . , •. .. ., • • 0 - • En&tewood City Coaacll Octoller 5, 19'1 Paael7 • • • Council Member Habcnicbl Slaled that over the years, from lime lo lime, Council his always met, especially if there was any issue of concern. they have always been open to IIICICI with any m the boards or commissions. If there were specific issues, she said, she was surprised they didn't (lOIIIC to Council Thal door has always been open, she poimcd OU!, and they have had lhole meetings with the Libnly Board. Planning and 1.oning. Liquor Licensing Authority and Elcctioa c-ilsioll in the pall. Allo, she said, they met ---1 years a,o with the Board m Adjustment 111d Appeals. when they wae lllling to do jusl the very same thing dial hlppened. 111111 Doug Gam:a was lalking about. So. she said, she was tally ..i m laken back by the Idler, • well. II just didn't ICCRI to didt wida her undermnding m bow dlinp Wlft. Mayor Bumi said be ..... Council Mclllbcr W...,_-..... dlClc IR ways IO acljllll a pn,blcm. lftheR IR -appeals dial a lol m people 1R ....._ ad ii mlrcl -lhll our coda IR wn1111, thea IOIDClbody sbould be sullaulling a dlanF ill the Code ID Couacil. II is Rally pmty simple. be said, Olberwise theR IR callin aileria you have to IIICICI in order 10 IC( m appeal before the Board of Adjustment Council Member Bradshaw advised 1h11 she knows of two families in the Cherry Creek Scbool Distrid lhal live in our City 111d because they were turned down by the Board of Adjustment and Appeals. they mo-1 out of the City to bigcr homes. Mayor Bums IIOCCld that is one m our classic problems, getting the home big enough so pcoplc don't move out as their families grow. (vi) Council Member Habenicht said she was wondering if Council was going to take some action in rqard to the requesa by Citizens for Englewood Kids. Mayor Bums ukcd bow Council fell about the bond issue. Council Member Bradshaw SlalCII that she fell ii was• individual 111111er 111d if individual Council members walUd to cndorlc ii they can. Council Members Nabholz 111d Clapp agn,cd. Mayor Bums pointed OUI thll this was Council's r. .. look II it tmiglll. lllll they haven'l llld a c:llaa(c to review the llUlleriall. Council Mclllbcr Nabllolz advilcd .... , she Im bcca lallbied -tiacl -by Sdlool Bani ...... and in flOlll • the HillOriall Sociely ud .. the sdlool. She opillcd ......... is. pa1111111 .... eadl Council IIIClllbcr ..a ii is .. ID lbe Sdlool 8oanl llld lbe ICllool ..... ID lfil lbe wanl -· So. • aid, if they were to wte. she would allllaill from ,'Oling. Council Member Habcnicbl said she lhinb. 111 a "11). ii is 1PJ110P111C for the City to talic a polilioll oa things like dial. She llllCd she ~ there have been i-in the put. hillorically. when we did Cinderella City and eslllblishcd the Mill Lc:vy. that the City wcna to the ICbool dillricl 111d the 1C11oo1 district cndonal that . She opined ii a:nainly is a pan a dial and the IChool dillricl is ca1aillly ClOlltaiaed within our whole commlUlity, and we go 10 the school dillricl and ask for IUppOl1 for dift'erelll killdl m things. we work logclher. And a:nainly. she maintained, the IDCls mthe ODIIIIIUlity are lbe .... mthe taxpayers. Ms . Habenicht llalCd dial she thinks it is an approprialc thins to look 11. Council Member Nabholz said they could put ii 10 a \'Ole. Mayor Bums ukcd if Council Members Waggoner or Garrett bad any panialllr ......._ COlaCil Member Garrett indicllcd he fell ii should be an individual dloia: . Mayor Burns c:ommenlCd dial it ccrllinly ICCIIIS 10 be• 111'1>111 err: aw lllll it's a illdm6lal dloic:c . He advised Council Member Habenicbl dial she could make I molioB if Ille Mllld lillc ID. . ' •. • • 0 Ea&lewooll City C-U Octuller 5, 19'1 ••••• ,. • ... • • \. Council Member Habenichl said she would look at, perhaps, a resolution 10 bring back 10 the next meeting. 13 . City Maaaer'1 Report (a) City Manapr Scan ll8id 1h11 be apprccialed the wodt of llaff', the aaomcy and ooosultams. We arc working 10 deal with the complex i-. be noted, and be apprccillCd Council's willinpc1110 deal with lhelc iaa in the lul moalh or IO. On a daily buis, be advilcd, Ibey are trying to go lhrough the deal poillll III Ibey are ready to come back to the CGuncil acxt Mallday. Mr. Scan ll8lcd be is nptirnimc, 1h11 wc arc going to 111811c ue 11111 wc cover all the areas and wc have a pn,ay lhan deadline, the end of the year, for the CCl1ificlle of Panic:ipllion. So Ibey arc trying to baacn clown die batdles OD cvaylbiDg • it wa1 identified. He paialcd out 11111 a 50% dlaDF in price cu _. to llllillions cm die lite CMr lbcft. So die allf is -'UII dili,-iy to lake a look ll all die ilaa and die demolilian -to be going very well .. dlis ... ill lilllc. City Manapr Scan gnnnnaMd 11111 lbcft is OIIC good thing, 11111 is pn,llably DIil good for die my, bat • the prices dnip, -of the AAA Bonds OD the Hanifcn -"et are going hm 3.25% lO 4 .19%, ID it may be a very good lilnc 10 do 11111 type of finlncing. if wc can iclmlify die need for dlPlc limdl. (b) City Manapr Scan advised 11111 lul week the Libraly lad two cant QllMIMlalls. He ll8id be attcndc:d one and Council Memben Nabbnlz and Clapp and SM:ral ndlen wen: ~ b lbcm. He staled they arc going 10 BM a ~ to the Council on lhlll He opined lhll lbe IICIIXllld 'Yelldor really looked pretty good. Council Member Nabholz ll8lcd the IICIIXllld was bcUcr lban the finl ODC . Council Member Bnidlhaw llllcd if the finl OIIC W8I Diebold . Council Member Nabbnlz ll8tcd yes and that Amazing W8I bcUcr lban Diebold and ii W8I cheaper ton . Sbc aid ii wa1 a lot cbeaper, bul very flcxiblc and ii W8I a good Qllll..-y. City Manapr Scan QQIIIIDallcd lbal Ibey lad amazing QQDlrols. City Manapr Scan advised Ibey will do -mnrc IWicw and BM a roc;,nmmcnclltion to Council. 14 . City A...,_,.',.,_. Assiltanl City Altomcy Reid did lllll llllve ay lllllllCrl to bring bcf PR Council. 15 . A•JN.,.... MEMall:R aRADSBAW MOVED 10 AD.IOURN . Tbc IIIIICUIII ..,_. ll 1 :42 p.rn. . . tf. f/J;, . ' • . .. " • • 0 - 1. 2. 3. • • • (. ... AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, OCTOBER 5, 1998 Call to order. '7:b(;~ Invocation . /)~ Pledge of Allegiance. ~ 7 :30 P.M. 4. Roll Call. '/ ~ 5. 6. 7 . 8 . Minutes. a . Minutes from the Regular City Council meeting of September 21, 1998. ~ Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Chris Olson, Director of Safety Services, will share with Council a commemorative plaque received from Mission Hills Church in Littleton honoring Englewood's Fire Fighters and the other fire organizations that serve the South Metro community. Non-~h~JJled Y~or,. (Pie~ limit your..J?resentation to five minutes.} '--. 11tetJY llf!.«V -S/Atfff t'.:JNA me.Do1JO{/C-Jl·/-~dlr1:1.~0: /:T)~&l)i,I.~ (U-·-1;.l)l,U~ ~t..!S /Hill.-Udf-r~/JPK~"IJi) ~IDS. Communications, Proclamations, and Appointments. . ~--0 a. twJf'4.;_o b . dpf/'7-0 C. fJpfd ?--o d . Letter from W. Mark Barbe~~j_,, his/ resignation from the Englewood Board of Adjustment and Appeals. rv ""tT '-.......- Letter from Ju~Courtwpght indicating her resignation from the Englewood Public Library Board. ~Mb~ .. A proclamation declaring the month of October as Crime Prewntion Month.~ A proclamation decl~~n~ !ho W,,fk of October 4 through 10, 1998 as Fire Prevention Week. ~ A proclamation declaring the week of October 25 through 31, 1998 as Fled Ribbon WNk.~ PINN note: If you have a dlublllly and nNd auxlllay alda or w-.icN, --nollfy the City ol Englewood (303-712-2405) at least 41 hours In advance ol when Nl'VlcM.,. nNded. ThMk you. ~~-.. I • • 0 ' - • Eng Oct .:ag Englewood City Council Agenda October 5, 1998 Page2 • • • llff6 'l-o f. A proclamation d8,ilarin_g the week of October 25 through 31 , 1998 as Commun,tty Policing Week. 1Jl,1.,4l-JJ,a-- 9. Public Hearing. (None scheduled) .. % nda. Btl.lWS. b-ll.4f!UJ lq tti~ fl!)A 1Jle 0/;tlsU; N£Kbl- Au1,._, 1~ AAl;),,ht_)OJ...i ///r /// App oi ~rnances on f"lst Ffeadlng. ) . i. COUNCIL BIU NO. 54 • Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to adopt a bill for an ordinance amending the Wastewater Utility Ordinance. STAFF SOURCE: ii. iii . iv. lri.d.J.1,;; iii. ~JJ-r,& iv. Stewart Fonda, DINCtor of UtllltlN. COUNCIL BIU NO. 61 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance authorizing an Intergovernmental Agreement with the State of Colorado for the purchase of software throuGr existing State contracts. STAFF SOURCES: Frank Gryglewlcz, Dlr9Ctor of Financial Servlcn and Chrl• Diebold, Information TechnologlH Manager. COUNCIL BILL NO. 63 • Recommendation from the Utilities Department tc: adopt a bill for an ordinance approving the Grant of a Water Line Easement on South Raritan Street and West Evans Avenue. STAFF SOURCE: Stewart Fonda, Dlractor of UtlllllN. COUNCIL BIU NO. 64 • Recommendation from the Utilities Department tc adopt a bill for an ordinance approving the Grant of a Water Line Euement on South Raritan Street and West Adriatic Avenue. STAPF SOURCE: Stewart Fonda, Director of UIIIIIIN. Council Bill No. 56, approving an lntergovenfflental Agreement with the Colorado Department of Transportation accepllng grant money for a motcr cycle program for the Safety Services Police Dlvieion . Council Bill No. 57, amending Title NSF (Petty Theft) of the Englewood Municipal Code to be consistent with State Statutes. Council Bill No. 59, approving the assignment of certain rights under the lease to the lessee. c. Resolutions and Motions. b- ....... nole: .,.. ..... dl111ba,and ..... ....., .................. nollr .. CIIJ.. ... • .. (30S-712-Mll)al ..... 41houraln ............................ ,....,.... . ' .. • • 0 - • • • • ... Englewood City Council Agenda October 5, 1998 ~age3 11. Regular Agenda. a. Approval of Ordinances on First Reading . i. COUNCIL BILL NO. 55 -Recommendation from the Department of /:: _ ") Neighborhood and Business Development to consider a bill for an ordinance :;.,..-er-regarding the Planned Unit Development at 3095 South University Boulevard U : fl ft/:£.JJ _K!.Hr. , 1 and to set a public hearing on this issue for November 2, 1998. STAFF j{;f(;{i,oAJll/(.) SOURCES: Robert Simpson, Director of Nelghborh~ !incJ Busi11eu ~ ti-/ ·m;,\ ~"J!n]=J~l~~"Jt}!~'l_~r,f~ /v OU618 P:~ffM ~,t:~~~..Jco1JNcireiCCN6.s2-Recommendati~;;;,ie C)epartment.et . Neighborhood and Business Development to adopt a bill for an ordinance d f)-t) approving an lntergovemmental Agreement which accepts grant money from the U .S . Economic Development Administrati~ S!~ SO~RCE: S. Darren Hollingsworth, Bualnea Analyst. '(>~ iii. Recommendation from the Department of Financial Services to adopt bills for ordinances approving and appropriating the 1999 City of Englewood Budget. STAFF SOURCE: Frank Gryglewlcz, Director of Flnanclal Services. appd0-o dffd '7-o iv. (1) (2) COUNCIL BILL NO. 67, approving the 1999 City of Englewood Budget~ COUNCIL BILL NO . 68, approving 1999 Budget Appropriations~ COUNCIL BILL NO. 66 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance establishing the 1998 Mill Levy to be collected in 1999. STAFF SOURCE: Frank Gryglewlcz, Director of Flnanclal Services.~ ~r;-o b. Approval of Ordinances on Second Reading. [J7JI-~'7fl/fJ'l·fJ Council Bill No. 58, approving the assignment of a radio tower lease~ c . Resolutions and Motions. i. Recommendation from the Department of Financial Services to a~t a resolution declaring the intent of the City to reimburse itself with proceeds of a future borrowing for capital outlays connected to the Cinderella City redevelopment project and the proposed Civic Center . .1fT#fF ~URCE: Frank Gryglewlcz, Director of Flnanclal Services. ~ 12. General Discussion . APP'07-0 a . Mayor's Choice . b . Council Members' Choice . HABENICHT MOVED TO SEND COUNCIL MEMBER NABH0LZ. AS OUR REPRESENTATIVE, TO THE NATIONAL LEAGUE OF CITIES CONFERENCE IN KANSAS CITY, MISSOURI FOR THE APPROPRIATE AMOUNT . P ..... nota: n you haw• dlubllly and need auxlllllry aide• w .-ioN. plNN nollfy n. City of 11 ... wood (303-712-2405) at INat 41 hour8 In advance ol WMn wvloN .. nNdecl. ThMlc you. . ' • . .. • • 0 - -Englewood City Council Agenda October 5, 1998 Page4 13. City Manager's Report. a. EnglewOOd Center Update . 14. City Attomey's Report. Adjou~ • • .. • J The following minutes were transmitted to City Council betwlten 9/18198-10/1/98: • Englewood Planning and Zoning Commission meeting of September 1, 1998 Plew nae.: If you have a C all•t and ..... ...., aldl or •sh 11, ....... ..._ .. CllJ el ........ (303-712-2405) at lNat 41 houra In ...... .,, .... Wv1oN .. ........_ 'I'-* .... . ' ' ' •. • - . , • 0 • • • . • ' ~. PUBLIC COMMENT ROSTER AGENDA ITEM 7 DATE: OCTOBER 5, 1998 C. NON-SCHEDULED VISITORS IIAY SPEAK FOR A MAXIMUM OF FNE MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT ROSTER. STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME ADDRESS .. , ' . ' .. . , ' • . ' < . • • • 0 - • • • ·, • ENGLEWOOD CITY COUNCU. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar Salioll September 21, 1991 1. Call to Order The regular meeting of the Eoglewoocl City Council was called to order by Mayor Bums at 7:32 p.m. 2. .__._ The inwc:alion was pen by Council Member Nabholz. 3. Pledp .r Allqiuce The Pledae oC Allegiance was led by Mayor Bums. 4 . RoUCall Present: Council Members Nabholz. Clapp. Gamtt, Bradshaw, Habenicht. Waggoner, Bums Abcot None A quorum was present. Also present.: City Manqer Sean City Attorney Broczman Deputy City Clert Castle Dilcclor Black, Puts and Rcaalioo Golf Manqer Spada Dinx:tor Fonda. Utiliues Direcl« G,ypewicz. FillUCial Services Director Ellerty, N11ic Wolb 5. MiaaCa (a) COUNCU. MDUU a&uSIIAw IIIOWD, AND IT WAS SECONDED, TO APPROVE THE MINUTES or THE UGULUl MU11NG 0, SUTEMaER I, 1"8. Ayes : Council Members Nabllolz, Bndshaw, Habenicht, Waggoner, Clapp, Burm Nays : None Abslain : Council Member Garrett The motioa carried. 6 . (a) 7. Noe-acllledllled Viliton 5 A·- ' . .. •, • • 0 - - Englewood City Council Seplember 21 , 1998 Page 2 . ' •. • • «• • (a) Pam Gibble, District Hcallh Education CoordinalOr for Englewood Schools, 5lalcd that she was present both to inform and invile Council. We have an ASICt5 Presentation on October 7, 1998 at Sinclair Middle School from 7:00 p.m. to 8 :30 p .m., she advised. Dr. Don Draaycr will be coming from the Search Institute of Minneapolis to make a presentation on Asset Dcvclopmcnl. Ms . Gibble distributed materials 10 Council describing the Assets Approach. The Assets Approach comes from the Search lnstilUte, she said. It is a new way to look at prevention and to help our students. Normally, we look at risk prevention. she advised. and look at the negative lhings that our students arc doing. while the Assels Approach helps us to focus on the positive. The Search Institute has identified forty clcvclopmcntal 8IICIS that arc imponan1 for all students to possess. she advised. lbrougb the rcsean:h and the surveys they have shown that the more assets they possess. the better they perform and the gn:atcr success they have. not only in school, bul also outside of school and as they progress lhrougb life. The Assels Approach is not just a school issue, she said. and that is why she has come to invite Council, also. Ms. Gibble said it is a community mobiliwion. involving not just the schools and the parents, but also businesses. congregations, govcmmcni. and law cnforccmcni. all coming together to sunuund our youlh and to help lhcm develop. Dr. Draaycr will be coming on October ..,. to make Ibis presenlation. she said. apin inviting Council 10 auend. He will outline the dala and advise how we, as a community, can begin to mobilize around our youlh, she said. 8 . Communications, Proclamations and Appointmmts (a) A proclamation declaring lhe week of September 20 through 26. 1998 as Yellow Ribbon Youth Suicide Awareness and Pn:vcnlion Weck was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION PROCLAIMING THIE WIEIEK OF SEPTEMBER 20 THROUGH 26, 1998 AS YELLOW RIBBON YOUTH SUICWIE AWARENESS AND PREVENTION WEEK. Ayes : Council Members Nabholz. Garrell. Bradshaw, Habcnichl. Waggoner. Clapp, Bums Nays : None Thc mo1ion carried. 9 . hblic Heari•c (a) COUNCIL MIEMIIER WAGGONER MOVED, AND IT WAS SECONDED, TO OPEN A PUBLIC HEARING TO GA THIER INPUT ON THIE CITY OF ENGLEWOOD'S PROPOSED 1999 BUDGET. Ayes : Council Members Nabholz. Garrett Bradshaw. Habenicht Wagoner. Clapp. Bums Nays : None The motion carried and the Public Hearing opened . Director of Financial Services Gryglcwicz, duly sworn. presenled Proof of Publication showing that the Noiice of Public Hearing was published in lhe Englewood Herald on Scpcembcr 4 , 1998 and September 11. 1998. Mr. Gryglewicz inviled commcnl on 1he Budget from lhe citizens. Thcrc was no one prcscnl 10 commcnl on lhe 1999 City of Englewood Proposed Budget COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING. "' - ' ' • I • .. •· • 0 , I • • • Englewood City Council Seplember 21, 1998 Page 3 • • • • City Manager Scars advised that be met with Director Gryglewicz. Revenue and Budget Officer Susan Clark, and Tom Munds of the Englewood Herald, rqarding the changes to the proposed Budget so 1h11 Mr. Munds was aware of where the discussion went on Saturday. Mr. Scars said the color coding wa a good guide to follow. He expressed his appreciation to Mr. Gryglcwicz and Ms. Clark for their wort on the Budget preparation. adding 1h11 the dcpartmcnt directors have done a good job of pulling the information out there . Mayor Bums commcnlCd 1h11 Council fdt it was an cxa:llcnt meeting and that a lot or wort was done on Saturday. We went through the Budget in considerable detail, but wc also highlighted the IIIOll important items . With Cindcrclla City coming on and the extra effort there. it was a timely meeting and we were all imprcad by the staff' wort and the extra dl'ort the DiftlClOII put in. be said. holding the line on budgeting at the same time wc arc makiq sucb pat cban,es in the City. Vote realtr. Ayes : Council Members Nabholz. Ganett. Bradshaw. Habenicht. Waggoner, Clapp, Bums Nays: None The motion carried and the Public Hearing closed. 10. Coele8t Apda COUNCIL MEMBER WAGGONER MOVED. AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (ii), (W) ud (h-) ON nRST READING. (a) Approval of Ordinances on First Readina (i) COUNCIL BILL NO . 56, IN'JllODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE Al.f11{()1UZ(NG AN INTEROOVERNMENT AL AGREEMENT BETWEEN 11fE COLORADO DEPARTMENT OF TRANSPORTATION (CD01) AND 11IE CITY OF ENGLEWOOD PERTAINING TO A GRANT ESTABLISHING A TRAFFIC ENFORCEMENT PROJECT. (ii) COUNCIL BILL NO . SI, IN11lODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AlmfORJZINO A CONSENT TO ASSIGNMENT OF LEASE AMONCi 11fE CITIES OF LITILETON AND ENGLEWOOD AND ABC. INC . (iii) COUNCIL BILL NO. 59, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE Al!THORIZING AN ASSIGNMENT OF RIGHTS UNDER A LEASE BETWEEN 11fE CITY OF ENGLEWOOD AND RADIO PROPERTY VEN1lJRES AS 11fE SUCCESSOR IN IN1'EREST TO MEDIA ENT'ERPIUSES. CORPORATION (1,) COUNCIL BILL NO. 57 , INTRODUCED BY COUNCIL Ml!M8Ell WAOOONER 'I .. • • 0 , - Englewood City Council September 21 . 1998 Pagc4 . ' • • • A BILL FOR AN ORDINANCE AMENDING TITI.E 7, CHAPTER 6F. SECTIONS 4(A). 4, .5 , 8(A) AND 9(C), OF 1HE ENGLEWOOD MUNICIPAL CODE 198.5 PERTAINING TO JURISDICTIONAL LIMITS . Voterealll: Ayes : Nays: Council Members Nabholz, Ganctt. Bradshaw. Habenicht. Waggoner. Clapp. Bums 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), (ii), (iii) ud (iv) ON SECOND READING. (i) ORDINANCE NO . .59 . SERIES OF 1998 (COUNCIL BILL NO . .50 INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT BETWEEN DANIEL BROST AND 1HE CITY OF ENGLEWOOD . COLORAOO FOR A BARN WHICH WAS BUILT ON 1HE RIGHT- OF-WAY FOR 1HE CITY 'S WATER LINE . (ii) ORDINANCE NO . 60 . SERIES OF 1998 (COUNCIL BILL NO . .51 INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT BETWEEN MICHAEL 1llYNNE AND 1HE CITY OF ENGLEWOOD . COLORAOO FOR 1HE INST ALLATJON OF A 6" WATER MAIN OVER 1llE CITY OF ENGLEWOOD'S RIGHT-OF-WAY FOR 1HE CITY DITCH LOCATED AT EAST BA TES A VENUE AND SOUTH EMERSON sraEET. (iii) ORDINANCE NO. 61 , SERIES OF 1998 (COUNCIL BILL NO . .52 INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AI.JrnORIZING A .. GRANT OF A CITY DITCH EASEME!lrr BETWEEN 1llE FIRST CHURCH OF CHRIST. SCIENTIST AND 1HE CITY OF ENGLEWOOD. COLORAOO FOR A 25' EASEMENT ALONG 1HE CITY DITCH LOCATED AT 3701 SOUTH LOGAN STREET . (i v) ORDINANCE NO . 62. SERIES OF 1998 (COUNCIL BILL NO . SJ INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING SUPPLEMENT NO . 138 TO 1llE SOUTHGATE SANIT A TJON DISTRICT CONNECTOR'S AGREEMENT FOR 1HE INCLUSION OF LAND WITHIN 1llE DISRICT BOUNDARIES . Vote re.Ill: Ayes : Nay s: The motion carried . Council Members Nabbolz. Ganctt. Bradshaw. Habenicht. Wqaoner . Clapp. Bums None (C) Rcsolulions and Mol ions '• . , •, •· • 0 ]- Englewood City Council September 21. 1998 Page S • • • COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (i), (ii) and (iii). (i) THE PURCHASE OF COMPRESSED NA 11JRAL GAS STORAGE CYLINDERS FROM NA 11JRAL FUELS CORPORATION IN THE AMOUNT OF SJ4.IS9.00. (ii) THE PURCHASE OF A REPLACEMENT HEATING SYSlcM FOR THE SERVJCENTER FROM J.J. LAY IN THE AMOUNT OF $27.900.00. (iii) THE PURCHASE OF A STREET SWEEPER FROM FARIS MACHINERY COMPANY IN THE AMOUNT OF $84,86S.OO. Vote rct111lts: Ayes : Nays : The motion carried. 11 . Rrgular AKCnda Council Members Nabholz. Ganctt. Bradshaw. Habenicht Waggoner. Clapp, Bums None (a) Approval of Ordinances on First Reading (i) Director Black presented a recommendation from the Depanment of Parks and Recreation to adopt a bill for an ordinance authorizing an amendment to the Pro::Putt Systems. Incorporated agreement. He introduced Bob Spada. the Golf Operations Manager. He advised that Mr. Spada has been with the City since the first pan of the summer. laking over for Bob Burgener. Mr. Black said that he is really pleased that Mr. Spada is with us. and that he has done a great job through his first hectic summer season hen:. Mr. Black said that the bill befon: them n:lates to Riverside Miniature Golf. Back in 1990, Riverside added a go-can track. and. at that time. then: was an allowance for insurance deduction from the fees that Riverside paid the City. In I 99S. Ilic contract was amended. he advised. and. at that time. the insurance deduction was inadvenently left out or the contract . We found that out this year, he said, and worted with the City Attorney. and Mr. Simpson. and this amendment would pu& that deduction back in. It would allow for a ma."imum of two thousand dollars on the insurance dcductioa from the net n:venues that Mr. Simpson would pay the City. Mayor Burns said it was discussed at the Budget meeting that Mr. Simpson h.1s made some improvements 10 this facility in the last couple of months. Mr. Black presented a letter from Mr. Simpson lo be entered into the record. Tlic letter states some of the improvements that Mr. Simpson has made lo the miniatun: golf operations this summer. he said, and. also. some of the improvements he will be making next spring. His operation is winding down now with the fall season and winier coming on. Also. Mr. Simpson is hen: tonight and he would be happy to answer any specific questions. he said. Mr. Black advised that Mr. Spada has worted with Mr. Simpson on the improvements, he has visited the site. and has made a very committed elfon to improve some or the concerns that were raised through tlic newspaper. Mayor Burns expressed appreciation for Ilic improvements that were made. The Deputy City Clert was asked to read Council Bill No . 49 by title: ..... • •· • 0 ' ? I ]- - Englewood Ciiy Council September 21, 1998 Page6 • • • COUNCIL BILL NO . 49, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AlITHORIZING AN AMENDMENT TO 1lfE PRO : :PU'IT SYSTEMS, INC . AGREEMENT. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (~OUNCIL BILL NO. 49, ON FIRST READING. Ayes: Council Members Nabholz, Gam:n. Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays : None The motion carried. (ii) Director Fonda presented a recommendation from the Utilities Dcpartmcal to adopt a bill for an ordinance approving a scttlcmcnt agreement in the case of Gcsin v . Ciiy of Englcwoocl, et al . Mr. Fonda advised that we have a situation hen: when: Mr. Gcsin 's properly had pan of the building foundation on our ditch right-<1f-way . Then: was quite a bil of dispute over whal would happen, but we went to the scttlcmcnt hearing and arrived at a settlement wherein we would quit claim a four foot square area just inside the dilch boundary for him to beef up his foundation. so pan of his house -'t fall in. And, he advised it was staning to give way. Also, he uses lhc dilch right-<1f-way as pan of his back yard, which wc don '1 mind. but he did not have a license for it. Mr. Fonda said then: was some dispute over who had rights to it. so he is granting us the rights that wc feel we always had . This is on our standard license agreement and then wc have a mutual release and settlement agreement that refers to both documents. Mr. Fonda said he feels this is an equitable settlement for both Mr. Gcsin and the Cily. Mayor Bums said it seems this was a rather contentious matter then: for awhile. so this seems to be a pretty reasonable compromise. He asked if this was mediation mandated by the District Cowt. or was it stipulated to. Mr. Fonda said he thinks it was mandalc:d. you have 10 do it to go to coon. City Attorney Brotzman added that. in Arapahoe County. they mandate a scttlcmcnt conference. The Deputy Ciiy Clerk was asked to read Council Bill No . 60 by title : COUNCIL BILL NO. 60, INTRODUCED BY COUNCIL MEMBER BRAOSHA W A BILL FOR AN ORDINANCE APPROVING A SETTLEMENT OF AND AUTHORIZING 11IE SIGNING OF OOCUMENTS FOR 1lfE SETn..EMENT OF GESlN vs . cm OF ENGLEWOOD ET Al.. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii}-COUNCIL IILL NO. 60, ON nRST READING. Ayes : Council Members Nabholz. Garrett. Bradshaw. Habenicht, Waggoner, Clapp, Bums Nays: None The motion carried. (b) Approval of Ordinances on Second Reading Then: were no addi1ional i1cms submined for approval on Second Reading . (Sec Agenda Item 10 - Consent Agenda .) (c) Resolutions and MotlOIIS • 4 • . •· • 0 , - Englewood City Council Sepccmbcr 21, 1998 Pagc7 '· • ... • • (i) Director Gryglcwicz presented a recommendation from lhc Ocpartmcnl of Financial Services IO adopt a resolution approving a supplemental appropriation and uansfcr of filnds from lhc Public lmprovemcnl Fund. Mr . Gryglewicz SWCd lhal this is a supplcmenlal appropriation from the Public lmprovcmcnl Fund UDRSCNCd, undcsignalcd fund balance ofSll0,000.00 10 be used for lhc City's portion of Paving Dislricl No . 38 for higher than anticipated conslrUction COSIS . The l'CIOlutioa -assigned a number and read by tide: RESOLtmON NO . 93, SERIES OF 19911 A RESOLtmON FOR llfE APPROPRlATION AND 11lANSFER OF FUNDS FROM llfE 1998 BUDGET TO llfE PA VlNG DIS11UCT NO. 38 . COUNCIL MEMBIER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i)-RESOLUTION NO. 9J, SERIES OF 19911. Ayes : Council Members Nabholz. Garrell. Bradshaw. Habenicht. Waggoner. Clapp. Burns Nays : None The motion carried . (ii) Director Esterly presented a recommendation from the Ocpartmcnl of Public Works 10 approve. by motion, a conlracl for COIISUUClion of Paving District No . 38 . Mr . Eslerly said swr is seeking Council's approval 10 award the contract lo Concrete Works of Colorado. Incorporated. in lhc amount ofSl.100.644.00. The bids were opened for Ibis projccl on June 18, 1998, he advised. and allaChcd is a tabulation from lhal bid opening. Since lhcsc increased C05IS would have caused many property owners in Paving District 38 lo receive assessments lha1 far excccdcd 1he original estimalcs published during lhe 1997 formation of lhe district. we rcqUCSled diSlriCI ref'ormalion al lhc bid prices. A Public Hearing 111'35 held on August 17. 1998, al which no one spoke in opposition 10 lhe reformulation of lhc distriCI. he said. Mayor Bums commented Iha! ii seems we have a rather dramalic increase in 1he cosa ol COIICl'CIC in die industry generally . Mr. Esterly agreed. Mayor Burns asked if he secs Iha! continuing. Mr . Estaty said no , acaually it is a variable type of thing. There docs seem IO be. CW1ClllJy. a shonagc in CIOIICfflC and, • lhal demand creates these higher prices. ii is going 10 cnc:ouragc people 10 increase production. So we ·u probably sec prices go down. and. at some poinl in lhc funuc. Ibey may go down C\'CII l'unhcr beca. dlcy will have o\'crproduccd concrete . Mr . Esterly said. however. lhal these prices will remain high. al least for lhc forc:sccablc future . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AWARD A CONTRACT TO CONCRETE WORKS OF COLORADO, INCORPORATED FOR CONSTRUCTION OF PAVING DISTRICT NO. JI IN THE AMOUNT Sl,IN,6,U.OI. Ayes : Council Members Nabholz. Garrett. Bradshaw. Habcaicht. Waggoner. Clapp. Bums Nays : None The motion carried. 12 . (a) Mayor's Choice ' , • . .. • • 0 I ; Englewood City Council September 21 , 1998 Pagc8 • • ,. - (i) Mayor Bums thanked Bill Naylor and Beverly Horsley, and family, friends and neighbors, for the potluck at their place at 4120 South Fox SUcct on Saturday night. They had a lot of good questions that they prepared for Slaff from various dcpanmcnts. who did a very good job of answering them. It was an enjoyable evening and very informative, be said. for us to liSlcn to some of the other people in the City talk for a change . He thanked them again for their hospitality. (ii) Mayor Bums advised that be will be chairing aDOlhcr meeting of the Metro Mayors' Caucus on Friday. He poillled out that Council bad some of the malcrial on air quality. After that., Mayor Bums said be will be F(ling tCJFlbcr with a panel of mayors with whom he will be terVillg • the Colorado Housing NOW Coafcrcncc . ~ is a proposal in the Council packets to aulboru.e an expenditure for that. be said, that includes oac aigbt 's lodging. Mayor Bums said be is not iqiaeriag for this confcrcncc, but he is a panelisl. ~ is an allowance for meals ia the proposal. ud it is jull oac appcarancc on Friday, October 2. 1998. He said he is not ancnding the whole confcrcncc. but isjusl going up Thursday night and attending the IICSSion in the morning that he is panicipaling in. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO AUTHORIZE $239.50 TO ALLOW MAYOR BURNS TO ATTEND, AS A PRESENTER, THE COLORADO HOUSING NOW CONFERENCE IN SNOWMASS. Ayes : Na ys: 1bc motion carried. Council Members Nabholz. Garrett. Bradshaw. Habenicht. Waggoner. Clapp. Bums None (iii) Mayor Bums said one other item talked about at the Budgcl confcrcnc:c on Saturday was the vote that Council took at the last meeting . It was on the proposed mortuary devclopmcat at the church at Dartmouth and University. the Ncwcomcr proposal . which the Council bad voted clown because it was a PUD. Mayor Bums said he expressed some concern. and some others did also. that Council did not have a Public Hcaring on that. Some of the people who wanled to speak called us afterward and told us. in no unccnain terms. what they thought about that. be said . Ma)w Bums Slated that. if anyone •'OUld like. he would cntcnain a motion to reconsider that. 1bc final clccision, if wc have a Public Hcaring. may be no different.. but there is some conc:em about not having a Public Hearing OD something like that. He added that he felt the Ofdinana: vinually anticipates Public Hcariqs OD tbclc things. even though. lcplly. wc may be able to get by without having one . Council Member Nabholz said she suppons that . She said she has also received phone calls. ud feds it is very imponant thal we allow either pro or con V01CCS of our community to speak. and that die oplion - denied. Mayor Burns said what conccms him is that you leave yourself open to all kinds of accusa&ions if it looks like you have prepared your VOie before hand. He said he was accused of some things that weta1 't very nice in a healed conversation •i th one of the callers. 1bc point was made that. if you don ·, have a Public Hearing. the publ ic might think all kinds ol things about how you arrived at tliat vote . Council Member Bradshaw said that if you do have a Publ ic Hearing and you don 't agree with wlw the people say . then you didn 't listen. Mayor Bums responded that be equates it •i th wlw he sca in the lcpl profession. If pc,oplc ba\'C a lepl dispute. they can go 10 coun and are able to have their say . Even if they lole. they may not be bappy, but ll lcasl they got to give their side of die case. "~ . ' • ... ..,· •· • 0 , Englewood City Council Scpcember 21 . 1998 Page9 .. • • • Council Member Habenicht said she thought that wc had a very lengthy and thoughtful discussion prccccling our vOIC . She said she feels very comfortable with Council's decision and she thought it was appropriate. Council Member Clapp commented that she feels it is just a matter of good public relations. If people want to be heard again. then wc should aa:ommodatc them. Mayor Bums advised that tbc way &his advances is a motion to rcconsicler. City Allomey Brouman concum,d. Council Member Bradshaw asked if it required a simple majority. City AIIOnley 8RIIZIUD responded affinnativcly. COUNCll. MEMBER N.UBOLZ MOVED, AND IT WAS SECONDED, TO ltECONSIDIEll BOLDING A PUBUC BEARING IN REGARD TO NEWCOMER MOR11JAll\'. Ayes : Council Mc:mbcrs Nabholz. Garren. Clapp. Bums Nays : Council Mc:mbcrs Bradshaw. HabcnichL Waggoner The motion carried. Mayor Bums said a date has been discussed somewhat. but he is not sure when. City Atlomcy Brotzman explained that he will work the issues out with Director Simpson and bring the necessary information back to Council. (b) Council Member's Choice (i) Council Member Nabholz: I . She advised she will be unable 10 attend the Tri-City meeting on Friday. Scplcmbcr 25 ... 2. She said she would like to personally thank City Manager Gary Scan. He helped with her municipal govcmmcnt presentation to the fifth graders al Bishop Elementary School . She said she bad a clifflCUlt time getting the overheads right side up. but wc enjoyed it. Mr. Scan agreed. J . She said shC': would like to be informed of all meetings. and be invited to those meetings, in regards to the Gothic Tbcatcr. 4 . She also invited everyone to the neighborhood meeting on Wednesday al Bishop Elcmcnlary . She said she undcnunds the Mayor will be out of town. but tbc meetiaag is to mce1 the new owners of GencraJ lronworts and the Gothic lbcatcr. as well as discuss some of the tnfric issues wc have been •-orldng on this summer on Danmouth. Mayor Bums said he met the <M11Cr of the Gothic lbcaler and had a considcrabk discussion ,.;th him• the Tent Talk at Bates Logan Park. and had an opponunity to get acquainlcd with him a lilllc bit. S. Ms. Nabholz said she would like a complclc description of cmillCIII domain and whal it Clllails. (ii) Council Member Bradshaw said she just bad a general oommea1 abcllll die monuary issue . She said she. too. received calls. and some were •'ha• she would consider abusive. If dull is the tactic that people are l()lng to c:boose to take to see if they can iaflucacc legislalioa. slle -1al. she just docsn 't feel that 1s the proper way to do it. She said she jusl wanted to say thal publicly . Council Member Clapp said lhal she did not recci,-c aay of tbosc types of phone calls, 111 slle ckfillildy did 11111 base ber dcaSIOII OIi IOIIICIJung of thal aalllft:. • I .. •· • 0 , I - - • • - Englewood City Council Scptcmbcr 21 , 1998 Page 10 Mayor Buras said he received one thal was a little bil bot. but he lriccl IO wort his way lhrougb tbll lO lhink more generally about lhc kind of response Iha! Olher people go1. loo . He said Ms. Bradshaw bas a poinL Ms. Bradshaw said her concern is that !his is a fOOI ia tbc door in aa R-1-A district. Wbca she ru ilr Council last time, Ms. Bradshaw said she IOok an Ollh 10 !iphold &he zoning and prcscnoe &he iaidc:atial inlqri&y or our Ci&y. She said she sees dial as a step or erosion and ii coacems her when people ~ to resort IO thole laclics IO chaqe a COUDCil aaion. Mayor Buras said lhcrc -also people who appeared before Council. who wen: vcry lagbdul and mme or us ~ known diem for mmy years. who were supportive. He said his main coacera -tbll we did DOI have a Public Hearing . Council Member Bradshaw said wc arc going lo liSlcn 10 lhcm . (iii) Council Member Waggoner advised that. at lhe last EDDA meeting, &he Alllhori&y was wanting some help from &he Ci&y in creating a Special lmprovcrncnl Districl. He said he 1old !hem he lhough1 wc would be happy IO help lheRL since wc have the cxpcnisc. Mayor Bums said he is very pleased Iha! !hey arc moving ahead. He asked if1ha1 is an implcmcnlatioo saagc for tbc plan. Mr. Waggoner said no. !his is a diffcrcnl ileRL but !hey do want IO crcalC a Special Improvcmcnt Dislrict . Mayor Burns asked iflhis is DOI associated wilh their downlowa plan. Mr. Waggoner responded lha1 he clocsn'I know if ii is associated wilb ii or ROI. II is pan oflhat area. bul ii is DOI signagc or aD)1hing like lhal. he said. (iv) Council Member Habcnichl: I . She said sbc would like 10 make an additional commcn1 about lhc Public Hearing. She said she feels uncomfonable about lhc issue. She said she believes Iba! in the instance of wbcrc we would be proposing, and bave vo&ed in order lo change 7..0ning, she would always demand. probably 110111p her feet, Iha& we have a Public Hearing. Bui &he dccisioll lhal Council made. based oo 1bc iaformalioa dial we had prO\'idcd &o us lllrough &he Public Hearing of Planning and Zoning, through whal tbc PUD pnx:,m was, our decision was IIOI IO pcrmil Iha& change of mning . She said. 10 her. lhcrc is a clear diAiactioa ~. She said she believes &he public alWl)'S has lhc righl and tbc CJlllion IO say lhings ud IO clisapec witla lhings. bu& she feels llilh zoning issues we D11151 be very cardul. and vcry lhoughlful. II dlolild be always diffacull 10 change zoning, ii sbouldn 'I be made easier. She said her a,ncem comes from 11111 viewpaial. She said she llill most always vo&c for a Public Hearing, bu& in Ibis case she did ROI lhillk ii - approprialc. 2. She said. regarding &he polluck Neighborhood Watch meeting, somdhing she aegleclod to do Iha! night was IO say happy anniversary . This was a celebration of their si,accntb year as a Ncipbartlood Wa&cb acigbbomood. 11w is phcoomcnal. she comrncalCd. adding that we probably ~ one or Ille best Neighborhood Watches in all of metro Denver, and Ibis neighborhood bas been a model . She offered lier congn&ulations. Mayor Bums said Officer Nancy Petcnon always tells him it is &be bell ia tbc Scale . . . . . . ill- ' • I . • . .. •· • I Englewood City Council Sq,laDber 21, 1998 Pqe II • • • .. • Council Mc:mbu Clapp said sbc jull WUled to clarify Chai. just bec:aus we aR piing to baw a Plllllic Heariog. it doesn't aeceaarily mcao thal we will cbaagc our clccisioa, it simply means dull we aR Filll to listen to cmcems or our citizens. 13 . City Mauca"'• llepert (a) City Manapr Sean said be _..ioncd to Direclor Sunpma about medillg OD tbe 5* • 4:00 p.m. rqardiag tbe CiDdadla City ldmity/Mmcliag dilCllllion He aod ifthal is tao early far Council, or ifthal is okay, we will pnx:ead alaag a.. pi+liaes. (b) City Manapr Scan aid -U¥C .-........ a mies or ilUIVicM far tbe .... Raources Direclor. We 111d 255 wlicalioN quilc ah fnm ..... tbe llllioa. lie alMled. We 111d bot11 tbe Pa-..d DiRlctor b CGlalado Spriap ad tbe Pa-..d Direclor for Swedilll Holpiall assisliDg us with those mavicws. We allD 111d u ~ puup. the TQWE puup. illlaVicw die candidales and that was redly belpfial to baw -long term employees panicipatc. be aid. Direc:ton Black. Gryglcwic:z and Olson also pll1icipaled ia tbe i-=rviews. Out or the final eight candidlles wllicll is -down to seven. we bad ODC Eaglewood c:itiKa who was a qualified candidate who also went through the review pnrm. He said be -bappy to w that. We bad many good candidlles and we will be c:ba:kiag rcfamccs and cloillg fallow llpl ID we call Fl this~ OIi board by tbe end or IICXl 111111111a. be advised. He said be will give tbem -dr:lails • we p along . It was a suc:ccssful review and ~ -a lal or imaaa ia EllpCWIIGd ia nat is .... OIi. 14 . Cily Altaney'I .... (a) City Altonlcy 8nJWull said be ... a lequcsl for. motion to Clllcr mo good faidl IJClll'ia«icw iacludiDg. if DeCelllll)'. Cllliac.-domain ..,.as. OIi tbe Public Service pnipaty forma1y ll'llllderrcd to tbem from Pclcl-Kewit. lbis abuls tbe Wasrc Trand'cr Slatioa in Sbcridu and isjllll aadcr '--acres. lie said. Council Mc:mbu Wagoacr aod if it is ad,iacmt and parallel to Union A-. Mr. ~ lapoaded affinmlivdy. COUNCIL MEIIIID WAGCONU IIOVD, AND IT WAS S&CONNa, 10 .Al'IIIOVE 'la CITY A1TOUEY IEN1DING INTO G009 FAITH NEGOTIATIOIIIS. INCLIJalNG. .. NU'aSAllY, DIINENT 90IIAIN IIOWDIS. ON 11D Al'l'IIOXDIATELY J M:IIE PUaLIC SEltVICE PllOPEIITY, mao:w, Y TaANSnmD 1011DM nlOM PETE& DWIT, WBICB UVTS THE WASTE TaANSna STATION IN SHUia.AN. Ayes : ~ Melllllcn N11111o1z. Gama, llradllllnr. Ha c idJI W...-,, .... Nays : ~ Maaba" Clapp Tbc motion carried. COUNCIL MEMHR SllADSBAW MOVED 10 AIUOIJRN . 111c mcai1ta ..,._. • l:OI p.a . , • • 0 I ]- • • • . . General Elcction--November 3, 1998 Mill Levy Override Proposition 3A Bond Referendum Proposition 38 At its regular meeting on September I, 1998 the Englewood Schools Board of Education received recommendations from a thirty-member Advisory Committee concerning a possible mill levy ovenidc question and a possible bond referendum question to be placed on the November 3, 1998 general election ballot. The Board of Education unanimously adopccd the resolution in support of the Committee's recommendations and voted unanimously to place a mill levy override question and a bond referendum question on the ballot. Approval of the mill levy override proposition will provide intensified instruction improvement programs, particuJarly in the primary grades and in elementary school and middle school libraries. Approval of the bond rcferaadum will provide four major areas of improvement: (I) expansion of facilities to accommodate the imbuctioo improvements proposed in the mill levy question; (2) unpoveme11u relaling to heal1b and safety in Englewood Schools; (3) utilization of lecbnology to prepare Englewood studenu for the twenty-first centmy; and (4) improvements in school dillrict buildings to maintain their quality and to protect the community's investments in them. The program improvements provided in the mill levy override proposition include a tuition supported. volunwy all-day kindcrpnaa, rcductioo of average class siu in kindergarten and grades I, 2, and 3 to twenty students, additional support for inlmsive reading insb'Uctioo in the primary grades, and upgraded library programs advancing utilization of lecbnology, and additional lic:emed librarians. The incrascd mill levy will also provide improved collection of dala, analysis of program quality, and intensive reporting accountability to the public. An Election Campaign Committee, "Citm:ns for Englewood Kick," bu been formed IO bring to Englewood citiz.em information rcprding these issues. The lalt time Englewood School District raidcnts wtff called upon to vote for m iacreale in scbool expendiaures was a sua:euful mill levy override election in 1990 which cmblcd the district to maintain existing prognms. A succeuful bond refermdum for 15 .6 million dollars was approved by voters in 1989. Many opportunities will be available to Englewood resiclmls to learn about the details of these election questions lhrough forums, individual scbool meetinp, printed maaaials, and discussion groups . Contact : Citiz.em for Englewood Kids Catherine Bland Jim McDonoup Debby Peny-Smidl Campaip c.oordiulon . , • . ... •· • C , .J 0 - Mill Levy Override and Bond Referendum Election · November 3, 1998 Qlleetion No. t Question No. 2 Answer QUESTIONS AND ANSWERS Why ia dlia elediN • ilapaltmd ID Ea.alew1 INI? The sua:eB& of this election is aitical lo the future of f.nglewood dlildren. the continued eJailent reputation of the F.nglrwood Sdlools, the diltrict's ability to attract families and high quality staff, and the enlwament of property va1ua and buline9S dima WIIJ is.._ _ _, aNlride ..a.tT The improvemmt9 prorided in the mil Jny uvenide question (3A on the ballot) b.w Oil ;,,. zd •+nt l'DCi 11,mt They include a tuition 1uppodllll. volrmtmy all-day~ Nlllatioaof ..... daaliae in kindergarten and pat, Z. and 3 to twenty IIIUdmla; additional support for inlmliw lading inslrudion In the primary grades; and upphd library~ aclvancing utilizationoltedlnology and .+tiwwwl....., llarians, The milt levy will allo pmvide impruNd. alemnn of data- analysis~~ quality, and inlmliw ....... acrountability lo the pMc. Qwtim No. 3 W11J is Ille NM aef C Queation No. t Answer " I '- - - 0 i I i I i . I i J f J. 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' • • I 1 nu 1 nn 1 1 f nn n HH H n l 1 I 11 1 1 1 1 l! ! l l l f ~ ~ lf ' l f f 1i ll i ~ ~ f l ! I J 1H l 1uH l w i ! l h , H H l d ! P h i . N •• r • ni l ! i . P i f iH i nr IP 'H H f ri u ~ L , h! ~ : [ Ji l l . · 7t - < a c, .. ~ tf ~r il / f l Jt l t 1 f t I I: i s I I J i, . if I -~ -- - - - - - - - - - - - \ , . \. 0 • I I . . . . J' ' . ~ ' . . . ~ ~ ' - - • Band Band Mi/IL-,, Milfu,,y Mi/IL-,, Milll.-,, Milfu,,y Milfu,,y Bond Bond Bond Bond Bond Bond Millu,,y Bond Bond Bond Bond Bond Bond Bond Bond Bond Bond Bond Bond • • ... • ENGLEWOOD PUBLIC SCHOOLS PropoNd -Lavy °"9rltde Bond Prajecta ,. , Sdltlt,/ Pl,_._, Adeil TI S, 5 New Cla11 ooms 01 ,000 9Cllal! t. 05100 per aq.ft. Remodel~-3000 aq. t 0SSo par aq. t. Srf 1aed Tutors 8dw. Aftr Sdltltll "I..,.~ r,,,;,,gs-,, .5 FTE ~ $-. ·,4·r, All 0.,, Cli'*.t-Nif T..::llr Add,"t-..., T ....... ,r,-....:. a., Size inK-.1 4.wt · • SWf $ae**' fr o..er•m.. • .......,._. T ....... TIU Ctlhll 1111-llcNIII T.,,_, ..._ Ae t 5 TI tf -11111.-y Ta 1 C JS • l.llllw7 C...-...... ,__.. ~ ec...-Han1waretar ....... ~&PlwwwMua,0....IDrCI IUCM15 Pta-...•mm in Eact. Cl1..--n11111m Video Oitlnbulian sr- ~ -T ...... Lllb ....,, .. wd-/Jlltwwll • E,.. ii TI1,r fr B s•, Sdwls T .... T1d1nataa &ur...,1\1 _.._ ..... T.,_, Ti t ta •,...,., ..... -11111.-y ,..,,,, • .w.r, "9riar -.--, .. al .... -f2Ja J 2 iDlcllllle Cllbin'*y, ahelwing,CClV ...................... -a.an.,...... a.au! Upgnlde& tndRct~in ~Lllb ~lancing. r[Jltl&ltandCDDICNla ~ ..... ,. ......... &llriar' ..... , •• al.aafl, ---Ullgl .. 18, Ilia ..... lnltal ADA Siglage & Aailoullllllt• T .......... & ...... -llarll Faca!IY Ut-t• A Effk:iillq Ranodel Adn*l. Approx. 2000 aq. Cl 0SSo par aq. t. Rallodtl CouMeing & IMC Apprax.321DD aq. a. 0SSo par aq. t. Rallodtl Spec. Ed. App,ac. 100 ..... Oll!II) par aq. t. Ranodel SIDraga Approx. 100 aq.tl Ol50 par ... t. Reamp IMC & Slair Hal, p,vwide u 17 .. tar CUlide dDorl TatalfadllJWT Hw&•c11 c,-lloJrt Fw,CouL lh•Mu111m1na&C111M•11c, TOLll lloJrt -a.,tN T"91 MIi ,._, D\:u; :Elk -dJrMlt ,, - 3 Alcoala ................ ..,CMl9 ' . . ~ • . ., • • - • • Ht,y B Bond Bond Mill.-,, Milt-,, Mi/IL-,, Mill.-,, Mill.-,, MiHL-,, Bond Bond Bond Bond Bond Bond MiHL-,, Bond Bond Bond Bond Bond Bond Bond Bond Bond Bond Bond Bond Bond • • • ,_, Sdwl ~Adu•••"' 4 "-Class uoms@1 ,000 square It. 0$100persq.ft. Remodel Approx . 1000 lq. ft 0$50 par aq. It. ~ Tllfrlrs /Jd.w ti Ahr School ·r ~ ,,.._ °'rir!J s.-- .5 FTc Reoding Sp«iolist AH Day 6idr,g.:w tw, Tmdwr lfddmoMI Tmchrs to RedllC# a.. Sia ilr K-3 lfddifiono/ Sfaff Sp«.uli# for Do1a a, .cfliM 4 ....,,._ Talal Sllldant Acllla U1 a IF I • .... T.,_ S,,,,_,, AoWI st • .. L-,, Taolr1 I '1 ,I Lbwy ttPw* Media Allri8Val Syslem ~ ..... tar Nelwart CClmpuBs & Pl.-llllicll, Devices tar CQ ... 1nQ01--.m•• lnllriar Replece.1•1t of ..... • e....._ indude Cllbin*y, lheMng, CClV ~. plufftling ........ .-,11n111on .,.._,, Badriclll Upgrad9 & ..... Ugtltlng In C..-Lab ~ lllncing. Otf8'ta, .... ~'/a 17 . I Spllm Eldarior ........ of .aofa, wine*-""9a:iitljj, brick~ Install ADA Signage & R•nowatiot• Talal ...... & ...... -IIOINI Ulliwliw. Effie" I Cj Remodal Admin. ~ 4000 aq. a. C1150 par lq. t. Remodel Coun9llling & IMC~ 3400 aq. t. 0SSo par aq. ft Remodel Food Swc. App.al. 200 aq.A. Cll50 par aq . t. Remodel Spec:. Ed. App.al. 300 aq .a. 0150 par lq. ft. Remodel SIDrage Approx. 4IIO aq.A. Ol50 par lq. t. PiOvide,........ tar edlriordaan. ---anal.,..... Tola' Fac:IIIJ IMF -4lillll & Ell I I CJ ...... Fea,Ca 111 cMr,a .. C l&C1 a C cg ,- • . .. lD.Dlf • • C '- - • • Band Mi/IL-,, MillL-,, Mi/IL-,, Milt.-,, Mi/IL-,, Mi/IL-,, Bond Bond Band Band Band Band MillL-,, Bond Band Band Band Band Band Bond Band Band Bond Bond Band Bond • • • Sdwllll s,,,,Jat Ac:Jlsia I a r .r Ramodel Appfalc. 4200 ... ft 0$50 per ... ft. ~.--.ti Tlltor$ Bdore. Ahr Sd,ool "I"-"',.,....,, o,,;,,g s.-- -~ FTE "-ding Specw:st All 0oy ~.,...,., Tad,r Additiolfol Tadllrs to~ a. Sia ilt K-3 Additiolfol S"1ff s,,«Wllist fr r,.,-c..,,-, • ~ Talal9111da.11Adll ctr trl-ao..l n.l ~ Ac:Asis , -.. ,..,,, Tai I:,, •,.,,,_,.ct,,-* Media Rlllriewl Spam & llnry Upgrade ~ ...... far NlllMll1t ~ & Ptw•lion Davlces far Class OOfflS Phonerf••oum in Eacll Cl roam 'Meo o.tbu1ion s,...... ~farT..,_.Lllb ~ UJnriM. £fl..-, fr Bir• ,,.,, Sdwols Talrlli I 111a &.....,.,.._._._.. r.w n c cw • ,.,,,_,. 'b _. -.. ,..,,, ,..,,,. • s.,.,y lnlilriUf Rlapaua'l•C ol -.ns -e.....,. ilCUla I b . ...., , thllwlng. CClV..-m, ............ --..on .,.-m ~ Upgialla & 1ndliwcl Ultllnlt lit Om C -Ullt PIUllidalll[larlllllDdcsfar ....................... _ "'41nM'ftll 1Z I I 9Jam. irllllll~ In tlllalll & ~ Edlliur ........ o1 ....................... o1 ..... lntlll lDA. Signttae & IIIIIIMllaN Talll ...... &llllllf-.... UIA.dtrA • Efft I Cf Ramadrl Admi\. """"*-20CJO sq. I. ... per sq. .. Ramadrl CGunerling & IMC~ 1IOD 811 -t. 0180 per sq. ft. Rernudlll Food Swc. .... 100 ..... Ol50 per sq. t. Raffladal Spec. Ed.~ 400 .... 91111D per ... t. Rernudlll Slulllge ApplQI( ,oo sq 1l .., per sq. I. Pl'CMde u --far allllior ... Ta111F...,1un•a11a1 ... &m: 1 , _...., feN, CDMII ell In .. 6 Talrl .... _..._ T.,_ .. t.., Qu;M -....._ Es611aaled Coat ID.Df s M..-.,. I ll1d...a-,--. • . ... • • • • I f HH H [H U [ 'n u n u~ ~ U [ 11 I t it ~ t I . 11 1 1 1 1 ! U! H H L HU H U tH U l ! l f t - - - - 1 I I 0, II !I J" J 1 Jf f ! I ~ 'i 11 1 lf • I ~, , l- J ~ [~ f · t, . • 11 [ I. I IJ ' . l I [. . 1 1 s 1 ~ I 11 ,. , . 1 ! fl . . If l' t ,! 1 I I ! .- i 1 ,. ~ I J l~ i l; • ~ o ~ ~ i ji ; s s ~ I ~, ~ ~ o w Q a ~ ~i ~ ~ ~ ~ ~ o ~ S al i ii i ii 11 ! 8 8 8 8 8 18 8 8 8 8 8 Bl 88 8 i s 8 8 8 ii i ! BB 18 8 8 , • - • I I . . . ' .s " . )' • ' . . \ • - • • • • • ~ ... Sd,oo/ Band Band Band MiHL-,, Mi/IL-,, Mi/IL-,, MillLwy Band Band Band Band Band Band Milli.-,, Bond Bond Bond Bond Bond Bond Band Bond Band Band Band Band Band Band ~Aowl New Tech. Arts O Wffl 01 ,000 ~ ft. 0$100 per sq .ft. Remodel Claan:loml Appia(. 4000 911. ft 0$50 per sq. ft. Instructional Remodeling Approx. 200 911 .tl 0$50 per sq. ft. ~ Tutors llc"1re 4 Ahr Sdtool •5ut:c;ess• ,,..._ .5 FTE Rmdi,,g s,,«itllist AdditioMI Strlff Sp«:itllist for On, &iJllcflian 4 ..._~ T ... .._..Adlls:,1•111t-Bond T.,,. Slalatlt Adeil 1t -_. ,._, Tat CJ>.,..,,.,. ... Media Relrillvlll s,-.. & l.lnry Upgrade Compullr Haldlle• tar lllllllDrtt eoi.-. & Ptwwwatlllion o.a. tar cs, I IFDTIS PhanesllnlarcDm in Each O l'DCffl 'Meo DillribuliDn Splan'I eoi.-. tar T..:t.a Lllb LJ,c...., Li6rritR for ..... Sdtoo/$ Tollll Tecllllalaa, & L11nrJ Upgrade -Bolld T.,,. T• I I J> 4 U..,. ...... -.. ,._, ,,.,,,. • Slhty lnlariDr ReplilcMalt d llaml -e....-inc*lde Cllbinlllry , sheMnll. CCTV .,.earn. plumbing ........ -llnlian systam 9dicill Upgrade & lndnd Lighling in eon..-Lllb Replace llncir1g. re a.pl ... ncdl IJffl--. rwnowe lrw lff1l'Ul'9 Ya a II I Spllffl. dult CDllclala .,.-m in 91,ap ExlllriDr .......... tODf, 19POitalir,g illDIW, t9ffllMt IDIMn Install ADA SV"89 & RallOIIIIIDM Total HNIII & SIIIIIJ • Bond Facat!IV Ut ..... A Effk:iwq New Adrnin. Ara Apptox. 1200 aq.l. 0$100 per sq. ll Remodel Adrnin . Ara Approx. 1500 aq.ft. 0$50 per aq. ll Addi1iDn ID IMC Approx. 4CIOO 911 . I. 0$100 per aq. tl Remodel CGUnlllling & MC Approx. 3100 aq. I. 0$50 per aq. It. Remodel Food Svc. Approx. 3100 aq. I. 0$50 per aq. tt. Remodel Spec. Ed . Approx. 200 aq.tt. 0$50 per aq. I. Remodel Sllngtt Apptox. 100 aq.ft. 0$50 per sq. ft. PrCMde '.i I llll ulll tar ..... doDra, ~ cannl spatlll Tollll F-=-, IMF lFaa & EIII In~, ..... F-.Coillll...__.,n 111l&Callllll11•1 Total Bond • SIIICllllr T.,,. Mil,._, O..,,,W, -Slldat- ,, . . ' • . ~ • • C - - Code Bond Bond Mil/u,,y Mil/Loy Bond Bond Bond Bond Bond Bond Bond Bond Bond Bond Bond Bond Bond Bond Bond Bond Bond Bond Bond Bond Bond Tel CJJ • • • (. TalalWAd.le111 11 t-Balld T.,_ ~ 4Ns l Tf -.. Lffy ..... ._._.. s,tlln'I eon..-,, ...... fDr ........ ~ & P,WWW ..... , o.ices fDrQ CICII,• Pho.lWlll•wm in Eadl cia-nmm Video DiatlUliDn s,tlln'I ~ fDrT..:has lab TalalTemialaa ,,_,,. • s.Fwty lnlllrior Re,Aaca ••• af lllma -Examples lncllllle cabi&..,. shelving, CC1V .-in. punbing ........... 11n11on.,...,, Electrical Upgrade & lndia::t Ughling In Can,pls lab Repair feraa & gala, c:onc:nillt, ,epaelian ta:61~ ......... m:11 ..... lmprowe V. II T , s,.m. air coaling In con..-lllba EJllliior .......... afnds, ,..... ..... vi.n ....... blictt lnl1al ADA Slg.,age & Rlicuilllioiw Talllll ...... & ....... ._. .. idlltw Utlbwllw A EfP E f Re.nodal Adnwi. Appna. 1000 aq. t. OIIO ps ... t. Re.nodal eoun..Tlng & IMC Appia(. GOO aq. t. OSSO ps 911 . tt. Addition ID IMC Apprmc . 1800 aq.t. 0S100 ps aq.tl Remodel Food SIie. Apprmc 200 911.tl OIIO ps aq.t. Remodel Spec. Ed. ApprQx. 200 aq.ft. OIIO ps aq. tl Addition ID Slarage ApprQx. 400 911.t. 0$50 ps 911.t. Remodel Slarage ApprQx. 100 ..... 0110 ps ... t. Replace tixuw in mini1Wffl, upgrade....._ u II • TalllllF--,IW I :&BlcS11q ..... ,-., COlilllnlcllala Mt C I I & C111 C tq Talal8alld-lEl .. 1 DN ..... 8cltool T"'91 .. L-,Dta ... -FsC 1fHJ,t~ ,.. Ell1ilnlllld Coat a Al coalll.,. •• saalid and-, ctm..,. . ' •. .. • • 0 -• • · ... • <. ' SFP-:>IHIR lot IP:21 PM CASTl.E\QX) FIRE DEPT FAX II), 3037738299 Band Band Band Milt-,, ra•u«,, T...a-....ittctl1u1a1nt-llOlld T.,_ Mrltlat A I k tt -1111 L-,, Band ..... Relrieval Spllm Band ~ Htldwale tar Nlll&or1c Band ~& Aw .... , Dlluiml far Q1 I mama Band Pt,0111~·,1arcan, In Eadl Q www .. Band Video Dil*llullDn Spl&m Band ~tarT..,_.lab T...aTutnl111 -IIOlld ,..,,,, • s.r.,, Band lnl&rior -...-... r,I ... -Ew ,· J indllJD& cait-,, INMng. CCTV .,.a&m. plumbing ...... -tlll'llllan.,..... Band El&mlcal Upgrade & lndlnlct Ughling in Cot....-, Lab Band Rapllir fenc:ing, ...... tel ... ODUlt Band ..... \1a II II I s,am Band Rapalrwpwwion ii**, ndc : I wil,...., .iiliplllcM- Band lnlltl /!DA. .... & Rarta • •• T .................. .... ..... UIW HUI • Effl I f Band Addlliaci IDadrlllft. Appia_,.._._ Ol10D I* ... .. Band ll&.nodlladrlllft. Appia.-............. .. Band ..... Coll Wlll•&IIIC.-. IDD.._ t.OIID1*911-t. Band Ralllldtl Sllnga ... -............. .. T .... ~,m r a•,•~,---- Band FeN a cc.-.. a,rr.1• a a TIIIII----CFANI T-., 1111 ,,_, ONS ... -t7MIS ... -- P. 01 EIII &l d Coat • r . I Al ....... I 111dand-,dr1 •• . ' .. • . ' • 0 -• • • SEP-28-98 1D1 Q?:21 PM CASTLEl«:Xl) FIRE DEPT FAX t«l. 3037738299 .... Bond Bond Bond Bond Bond Bond Bond Bond ENGLEWOOD PUBLIC SCHOOLS Propowl -Lny Ow9rride Bo.111 Projects Heohl, • Stddy lnlerior Replacemalt d l'8nlS -Examples include cabinetry' lheMng, CClV sysllm. plumbing lldures, waer fillration systam Eleclrical Upgrade & lndil8ct Lighting in ~ Lab Repair fences & gas, reaod playground EJClerior replacerlalta -brick repair, roof replacml•its lnsulale hot-lank and piping, ffllli'tlllin .. unN9flls Install ADA Signage & Renowaliol11 TalalHNllll&SafillJ-Bolld Utlimtla • Effldwr Provide 1. 11111 LaS tar ....... doors Talill FIICIIIJ unn s:1111 & BlldMq -llalld Fw, em .. uc'llaa., 1,rn.-a & C1lllllln11RCJ ....,.,,..,.. ........ s.r.:. a....- Bond Bond Bond Bond Bond Bond Bond Bond Bond Bond Bond Bond Bond T_,.,., Additional T-1 LiMs Compulal'ltada .. tarNallark Addilional Phone sr-nt I ladaa9 Compulal' ~It ScNdl4e Ceilbalz-cl aldanlO.Salllaw Additional~ Talal Teclrna11u-BaM Heohl, • Stddy lnlarior Replacemalt d..,. -~ indude Ila, carplling addilialial atwMng & lllnge .... Eledric:al upgrade, addlialial lighling in Prinl Stlc)I> & Bua ea, Provide mechanicll Mat dadt ~ vasll r: , tar radon nlligllliu,,, upgrade tNAC Install ADA Slgr..,a & Ranovalu11 TalalHNllll&.....,.llcad lldlity Utliaatlal • Efftdaley Roof insulalian, ...._ ~ caulcing Talal FIICII.JI.W -...& m,11acy-.... Fw.Caa 111•¥1 •• 111a1Rl&C r 11 c, , .......... ,. 1 1, rna...._c..a., . ( ·- P. 01 •• I • Code • • • ENGLEWOOD PUBLIC SCHOOLS Proposed MIi Levy Oventde Bond Pn,jects Oistrict .SC..., Stut:IMt Ac/Nt.,,.,, op -Sludent AclliMl•-11 • Bond a-.,, -Stut:IMt Adtllra r st -MIii L6ry ICllwtc111-Student Aclde ....... • Bond a.,,,,,,, -s,.,.,,, Ad*a p ,, -MIii Lffr -Student AclliMl-11 -Bond Hoy -S,.,_,, AcNla wr -MIii Lffr -SludelllAcllleu1a1nl-Bond .,._ ... -Mrltl9,f AcNa ,, -MIii Lffr -StudentACtllUII lnl•Bond -s,,,.., 1d ii --.. 1.-,, ISIIIClllir • W Acllleu 11 1 nl • 8oad ..-.-r -.,,._, .AaMa ,r -MIii Lffr -W.Aclll111a111-Boad -~.A&Ma I tt-MIIILffr Dlaellcl ........ AcMl,1 ......... Oidrlt:f -S""'-t ic:Ml11 Pl It -MIii Lffy Tadn I:,, • U.W,,,.... • Tecllnalaa, & U1n1J ua.,.. . ._.. .... -T• 11 IWJ • U.W,,,.... -MIii L-,, ICl_..191!1,.. Tnllaalaa, a Lam,.___ . .._ a-,,+,-T.-IJJ •u.w,,~-MIIIL-,, -Tecblala• &UlnlJ....,.. • ._.. a.y,., -T«\1 I J11 • U.W,,,.... -Miil 1.-,y -TecllnalDgJ&UlnlJ ........ -Bond Hoy -Tai I 51> • Ulrw7,.... -Miil 1.-,y •-Teclia_.,&La.., .............. IAIIIIIIGIM' -Teet, Iv, • Ulrw7,.... -Miil 1.-,y • TecliTIOloa," & U1n1J Uparade ·IIOIIII Flo«/ -radii c.,, • Ulrw7,.... -MIii Lffr ISliale.lllir. TecllNlaa, & U1n1J ...... ·Band SltcMlt--Tou\1 I :n • Lllrw7 ~ -MIii LlflY EHS -Tecllllologr & UINwy Upglade • Band AHS • T.......,. & Ulnry Upglade • Bond IAdl!Mlilalnltlon • Tedllloloa, & Llnry Upgr8lla • Bond D11tr1c:t • Tecllnoloa, & l.llnly u,g,.d9 • Bond t,;m,;e, -T.di f llJ • Ullrry 't,Nll1r -MIii Lffr II n, Estimated Cost 11 Al COAi .......... d and...., ct...,. :..~~. ~::.· .. • . i • • • C - - {, • • • . .. • . .. SEP-28-98 rot Q?:21 Pl1 CASTI.Bm) FIRE DEPT FAX l«l. 3037738299 Olstrlt:t s. • .., Healttl • Sofsty ........ .....,.Bond IClll..-.,n-Heallll a 8alllr • 8ond IClaiflDII-HNIIII& ....... 8ond ........ ....., ..... ............................. .................... ................... ....., ...... ........ ....., ..... Na-HNlll& ....... IIOIIII ....... a....., ..... 9Ma111111111._&..._.c.....11e11111&lllllf· .... Dlllltct ....... & ....., ...... ... tw Ul-ltia A EfflcfHC, .f__,IMF es n&B111tu,-lload IClia111..,. • ....,wz ••&F111 1, ...... -F--IMZ MH&m1l1 J•IIOlld ·Faall!JIMT Ma am I IJ ...... ..... USS Mn&FII IIJ•lload ·Fadllf 1C M &RIii IJ ...... ........ ,...,,m n n&F t 1, ...... -Faall!JIPZ nn&Frt1 ,, • .._ W•,...,1C M I &Frlt IJ ...... •FadllflMZ Ml &FIi IJ ...... a..._.c.....,....,Lm r na• • .._ TatnlF ... UT M &FI IJ•IIOIIII &apar111tac...._111A1..._.. Feea.Ca •lrucMmX•111 1 •&CrMn11 1, DllllklTatnl•IIOIIII .................... 0..-11 ..... DllllklTGIII-..... "**'*1 T.,., -11111,.-y . .. P. 01 12 AIGOell.,.N.UllldMd-,--.. · .. . . •. - - ·, .. SEP-28-98 IDt (P:21 Pn CASTLBm> FIRE DEPT September 28, 1t98 Tom Bums, Mayor Cily ol Engle CICld 3400 Scdl Elli Shel Engle d, CO 80110 O..Mr.Buml: • ,.. • .. • FAX ti). 3037738299 ,,,_ much dellJerlllan. ,.._. aa:ept lhls •,,,, 11a1ro1 ........... a • ...., and member of the E,iglewood Board ol Adfullmlr* and Appals. P. 01 For .. put few,..... "it ta bacmW Wl'f ...... BOA. ... ii,......, .... ~ pnwidN an illignilic.,..-... to 1w CClfflllUilr, and to fffJ lcnowlldgl ._. -to be no dNliw or effort on,. cillea pe.t to Ndlfirw 1w role ol lhe BOA. a.ca.e ol 1111. fffJ,.. .n ecNduleandm,clleil9tofuit*my .......... ltlndlllt I,_. ........ o,clllirelCI mnlnul wilh lw lOA. ' . . ' •. ' ' . ' . .. •. • • 0 - • Englewood City Council City Hall 3400 S. Elati Street Englewood, CO 80110 Ladies and Gentlemen: • . .. • <. September 28, 1998 '" .·· _,_ .,, .. - I regret having to submit my resignation to the Englewood Public Library Board. When I first sought and accq,u,d the appointment, I was not working. I am now working for a busy law firm and, unfortunaacly, can not be relied upon to attend meetings. I often have to work late and seldom know in advance . I thank you for the opportunity to serve the Englewood community and will find other ways to do it which I can fulfill. :jhc cc : Hank Long , "' •. • ' ' ... • • • • ,. . 0 - ... PRO C LAMATl O :-J '' WHEREAS , the vitality of our nation depe nds on how s afe we keep our homes. neighborhood s . and comm unities, beca u se cnme and fear diminish the quality of life for all : and WHEREAS , people of all ages must be mad e aware of what they can do to protect themselves , the u families , neighborhood s. and workplaces from being harmed by violence , drugs and othe r cnm e; and WHEREAS , the perso na l tnJury, financial lo ss , and co mmuruty deterioration r esulting fr om crim e a r e mtole rable a nd nee d to be a ddressed by the whole co mmunity ; and WHEREAS , e ffect1Y e crim e prevention program s exce l because of pa rtnership a mong la w enfor ce me nt. othe r gove rnm e nt age ncies . c1v1c gro up s. sc hoo ls . and mdJ\,,duals as they help t o r ebuild a se n se of co mmunal r espo ns ib1.hty and s hared pnde : and WHEREAS . crune preventi on 1rutiat1ves are mor e tha n self-protect10n a nd security, they al o pro mote positive alternative s t o de lmquency and drugs among yo ung people and e mpha size the p ower of yo uth to bette r co mmunities; NOW THEREFORE . I , Thoma s Burns , '.\fo yo r of t he City of Engle woo d , Colorad o, he reby procla im the month of October 1998 a : CRIME PREVENTION MONTH in the City of Engle wood and ca ll up on all cmze ns . gowrnm ental agencies, publi c and pnvate m t1tut1on s. and bu s m e se to increase thell' part1c1pat10 n m our co mmuruty's pre ,· nt1 on e fforts and thereby p r omote good c1t1zenslup . GI\ 'E ).' under my h a nd a nd seal tlus 5th d ay of October, 1998 . Tho ma J . Burns . '.\l ayor r. P r.n1eo ,n Recyc ed o-. ~- Sc I 0 , - • • • • • PROCLAMATION ,*~ WHEREAS, fire deaths due to smoke inhalation outnumber fire deaths due to~~ burns by more than two to one; and WHEREAS, smoke detectors are our first line of defense against fire and research 1hows that having a smoke detector cuts the riak of dying in a fire nearly in half; and WHEREAS, even though 90% of U .S . Homes have at leaat one 1moke detector, eatimatea show that about one-third of all homes that have fires have amoke detectora that are not working, usually because of dead or missing batteries; and WHEREAS, the National Fire Alarm Code requires smoke detectors outside each aleeping area and on each level of the home and recommends testing smoke detectora at least once a month, a smoke detector that isn't working can't protect us from deadly smoke and fire ; and WHEREAS, early warning from smoke detectors only aaves lives if prompt evacuation of homea is initiamed by planning and practicing home fire drills; and WHEREAS, the Englewood Safety Services Department, Fire Division is dedicated to aaving life and property from the devastatmg effects of fire ; and WHEREAS. those members of the fire service are joined by other concerned citiz.ena of Englewood, as well as buainessea, schools, service clubs and organization& in their fire safety efforts; and WHEREAS, the local efforts of the Englewood Fire Division are supported by the activities of organizations such u the American Red Croes, the CongreBSional Fire Service& Institute, the Fire Marabala Aaaociation of North America, the Fire Safety Educators of Colorado. the International Aaaociation of Anon lnveatigatora, the International Auociation of Fire Chiefs, the International Association of Fire Fichtera, the International Auociation of Black Profe1&ional Fire Fight.era, the National Aaaociation of State Fire Manhala. the National Fire Protection AallOCiation , the National Volunteer Fire Council and the United States Fire Administration: NOW THEREFORE, I . Thomae Burne, Mayor of the City of En,lewood. Colorado, hereby proclaim the week. of October 4th throup 10th, 1118 u: FIRE PREVENTION WEEK which commemorates the great Chicago Fire of 1871 , which killed Z50 penom. left 100,000 homele1& and deatroyed more than 17 ,400 buildinp. And c:all upon the citiz.ena of Enciewood, Colorado to participate in fire preventlon activitiea at home, work and IChool and to heed the menace: "F1.re Drilla The Great Eacape • Plan And Practice Your Home Fire Dnlla!" as the 1998 Fire Prevention Week theme •une ta. GIVEN under my hand and seal du.a 5th day of October, 1998 . Tbomu J . Buma. Mayor .. • • • • • 0 • PROCLAMATIO N WHEREAS , alcohol and other drug abuse has been identified as one of the greatest threats to the future of our Nation, and the 15-24 year old age group is dying at a faster rate than any other age group ; and WHEREAS , it is imperative that visible , unified prevention education efforts by community members be launched to reduce the demand for drugs; and WHEREAS, the Colorado Federation of Parents for Drug Free Youth and the City of Englewood Department of Safety Services are sponsoring the national Red Ribbon Campaign offering citizens the opportunity to demonstrate their commitment to drug free lifestyles; and WHEREAS , the National Red Ribbon Campaign will be celebrated in every community in America during "Red Ribbon Week"; and WHEREAS , President Bill Clinton and Mrs. Hillary Clinton are the National Honorary Chairmen. and Governor Ro y Romer and Mrs. Bea Rom er are the State Honorary Chairmen to pro~;de this community focu s on a Drug Free America and a Drug Free Colorado : and WHEREAS . business, government, law enforce ment, schools , religious mstitutions . service organizations, youth, phy sicians , senior citizens . military, sports teams, and individuals will demonstrate their commitment to drug-free , healthy lifestyles by wearing and displaying red ribbons during this week-long campaign; and WHEREAS . the City of Englewood , Colorado further co mmits its resources to ensure the success of the Red Ribbon Campaign: NOW THEREFORE, I. Thomas J . Burns, Mayor of the City of Englewood, Colorado, hereby proclaim the week of October 25~ through October 31 , 1998 as : RED RIBBON WEEK and encourage the citizens of Englewood to participate in drug prevention education activitie s . making a vis ible stateme nt that we are s trongly committed to a drug-free community . Be it further r esolve d , tha t the Englewood City Council of the City of Englewood encourages all ci tizens to ple dge ; DRUG FREE AND PROUD . GIVEN under my hand a nd seal tlus 5th day of October, 1998 . Thomas J . Burns, Ma yor • le I - • • • • • • 0 .. - PRO C LAMATION WHEREAS, the co n cept of community policing has proven to be an effective way to combat the causes and occurrence of crime; and WHEREAS, through innovative community partnerships involving citizens, neighborhood groups, individual police officers, law enforcement agencies , elected officials , the media and busin ess leaders, Colorado has made community policing a model for cooperative problem-solving and law enforcement; and WHEREAS the Co lorado Co n sortium for Community P olicing, part of Metro Denver Project PA CT, assists local agencies to fund and imple me nt programs aimed at fostering co mmunity ori ented policing programs ; and WHEREAS, it is important a nd appropriate to recog nize the signifi cant role of com munity polici n g in making o ur streets. communities and neighborhoods safer places; NOW THEREFORE, I , Thomas J . Burns, Mayor of the City of Englewood , Co lor ado. hereby proclaim the week of October 25 -October 31, 1998 as: COMMUNITY POLICING WEEK in the City of Engle wood . Colorado, a nd urge all me mbers of the City of Englewood. Colorado to reco gnize and celebrate th1 pecial occasion . G[VEN unde r my hand a nd seal this 5th day of October. 199 . Thoma J . Burn , Ma yo r ,,. - Sf r.. P«n 1eo ,n F'ec yc ted ?al)e• ~: • • 0 ' - • • • • • / COUNCIL COMMUNICATION Date Agenda Item Subject Wastewater Utility Ordinance October 5, 1998 10 a i Amendment Initiated By Staff Source Littleton/Englewood Wastewater Treatment Plant Supervisory Committee Stewart Fonda. Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Wastewater Utility Ordinance was revised by Council in February, 1997. RECOMMENDED ACTION 1. To amend the Wastewater Utility Ordinance to meet certain EPA requirements 2. To amend the Wastewater Utility Ordinance to correct certain typographical errors, darify and correct certain definitions and sections . 3. To amend all language that identifies a specific Director, to read , City Manager or his designee . 4. To give authority to the City Manager to grant variances for grease interceptors. 5 . To give authority to the Water and Sewer Board to over ride the City Manager's decision to grant a variance for a grease interceptor. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED 1. Each year, the U.S. Environmental Protection Agency completes an audit of the Industrial Pretreatment Program. Amendments and corrections to the Wastewater Utility Ordinance were required in the audit findings. These proposed changes are attached . 2 . During the review process of the ordinance, certain typographical errors and changes in some sections were discovered. These corrections are being made at this time . 3 . To make the Wastewater Utility Ordinance language uniform with other code language throughout the City. All references to a specific Director are being amended to reflect the generic term , City Manager or his deslgnee. 4. The Ordinance requires that food-processing facilities have and maintain a grease interceptor to remove grease and prevent it from entering the sanitary sewer system . The criteria for determining whether or not an establishment must have an interceptor is based on food preparation activities, seating capacity and grease management practices . Variances may be issued for a business if, upon review , it is determined that it does not meet the criteria. Examples : Facilities that use disposable utensils and paper plates and have no dishwasher Facilities that heat precooked food only and do not cook . , •. I .. • • 0 ]- J -- • • ORDIXA..'ICE NO ._ SERIES OF 1998 • • • BY AUTHORITY A BILL FOR COUNCIL BILL ~O. 5~ INTRODUCED BY COl~;cIL ME.\-mER ______ _ AN ORDI~ANCE AMENDING TITLE 12. CHAPTER 2. OF THE E::-;GLEW O•: D MUNICIPAL CODE 1985 PERTAINING TO WASTEWATER GTILITY. WHEREAS, the Englewood Municipal Code Title 12 , Chapter 2 , has previc~y been amended by City Council passage of Ordinance No. 58. 1991, Ordinance ~:o . 4, 1994, Ordinance No. 64, 1995 and Ordinance No . 14, 1997; and WHEREAS, the U .S. Environmental Protection Agency completes an audit ::: :he Industrial Pretreatment program annually, the passage of this Ordinance wC ...::iend the Wastewater Utility Ordinance to meet certain EPA requirements in accor:: 0 -ce with the audit's findings; and WHEREAS, the passage ofthis Ordinance will give the City '.\,lanager the r ~ority to grant variances for grease interceptors and gives the Water and Sewer Bo~ :he authority to override the City Manager's decision to grant a variance for a gre1-~ interceptor; and WHEREAS, the passage of this Ordinance will amend the Wastewater t ·i:::..~ Ordinance making the language more consistent with the Englewood '.\lunici;::a:. Code ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COL'"NCIL OF THE c::i. OF E~GLEWOOD, COLORADO , AS FOLLOWS : Sectjon I . The City Council of the City of Englewood, Colorado hereby ame ::..::s Title 12 . Chapter 2. of the Englewood Municipal Code 1985 which shall read .u follows : SECTIO~: 12-2--1: General Provisions 12-2--2: General Rerulattons 12-2--3 : Fees And Charges CHAPTER2 W • .\STEWATER UTILITY 12-2 --4 : Pnvate Sewers, Connections And Repairs 12-2--5 : Industrial Wastewater Discharge Permits 12-2--6: Enforcement And Penalties 12-2--7: Lunitauon1 On D15Charte 12-2--8 : Sewer Tap Fees 12-2--9: Construction Of Sewers ; Extension Of Maina; Costs; Inspection 12-2-10 : Miscellaneous ,_ . ' I • ' ~ .. • • 0 • - • • • • • ,. 12-2-l : GENERAL PROVISIONS : A. Short Title : This Chapter shall be known as the WASTEWATER UTIL.-::· ORDINANCE. B. Strict Liability: The Englewood City Council recognizing the threats u;:c=. :=ie frail ecology and expressing great concern for its protection, declares th.a: merely doing any act prohibited by this Chapter and orders of the Bi!'--. CITY. issued under the provisions of this Chapter or failing to perform ~: act required by this Chapter or said orders of the ~ CITY violates tb Chapter. The violator's intention is not a defense to any violation of th:.: Chapter or said order of the ~ CITY . but intention may be cons.c.::-~,i as a matter in aggravation or mingation . C. Purpose : It is necessary for the health, safety and welfare of the resic:e :::.;; ,f the City to regulate the collection of wastewater and treatment thereof:.: provide for maximum public benefit. This Chapter sets forth uniform requirements for direct and indirect contributors into the wastewater c:::::-::ion and treatment system for the City and enables it to comply with all a;::;::.:..::able State and Federal laws. The objectives are : 1. To prevent the introduction of pollutants into the POTW wbi6 ...-...J. interfere with the operation of the system or contaminate the ~S-.:.:::ng sludge ; 2 . To prevent the introduction of pollutants into the POTW whic:: .,.... ...J. pass through the system . inadequately treated. into receiving .,..a:crs or the atmosphere or othennse be incompatible with the system: 3 . To improve the opportunity to recycle and reclaim wastewaters ~ci. sludges from the system : 4 . To provide for equitable distribution among users of the cost oi :.=: 5 . POTW ; and To provide for and promote the general health, safety and wel:a..~ Jf the citizens residing 111,,thin the City and downstream users . The provisions herein provide for the regulation of direct and indirect contributors to the POTW through the issuance of permits and throu1:: enforcement of 1eneral requirements for all users, authorize morutorini i::d enforcement activities. require user reportin1, and provide for the sett:i :i fees for the equitable di1tnbut1on of coats resultin1 from the procram estab:.:..S ::ed herein. and for enforcement . The provisions herein s hall apply to the POTW and to penons outside :=e POTW who are . by contract or ap-eement with the POTW . u.aen of the ?'JTW. 2 • . .. ., •· • 0 , I - • • • • .. .. D . Definitions/Abbreviations: Unless the context specifically indicates othe:.-:vue, the following terms and phruea, 88 used in this Chapter. shall have :=.e meanings hereinafter designated : ACT OR ·• THE ACT': ADMINISTRATOR: ANALYSES: (LABORATORY ANALYSES) APPROVAL AUTHORITY: AUTHORITY: (CONTROL AUTHORITY) AUTHORIZED REPRESENTATIVE OF SIGNIFICANT INDUSTRIAL USERS: The Federal Water Pollution Control A.:--~ ~ also known 88 the Clean W ate:-.-\ct. as amendeda, 33. U.S .C. 1251. ET. S~~-. The Regional Administrator of Regio::. ·.-:n of the "C.S . EPA. SHALL BE PERFORMED IN ACCO!w.~~CE WITH PROCEDl1lES ESTABUSHE:: 3Y THE EPA PURSl .. .\.;"\IT TO 40 C .F .R .. ?.-\RT 136, AS AME:-.'DED . The Administrator or, upon delegatic::. :i State Pretreatment Authority of Colc~::.:i. the Director of the Water Quality Contra, Division, Colorado Department of He:L:=.. The City of Englewood. Colorado . An authorized representative of ut SIG~1FIC.~"' industrial uaer may :e: l. If the industrial uaer is a corporat::::::.: a . :\ ruponaibie officer of the cor;: ::'2.tion, epecmcall~· the prendent, eecnta:: treuurer, or ,-ice president of the corporation in charp of a pr.no;&: buamna acu,-i~-, or any other pe:,.::::i who peri'orms IUIUlar pohcy or dec::a1oi:::.-=akmc functions for :he corporauon. or b. The manacer of one or mon manufac:wriDJ , production or ope:-1:.on faaliuea empl~ more than i:w: hundnd ~· •250) penona or 1:ia,-~ p-o1a national sales or expenditu.-1 exc:eedinJ twe:::icy-6ve aulhon dolla..-s ($25.000,000.00). if authon~· to r ..p documents h as been aaa1cned or delepted to cie manqer m •=~ --C1Ce with corporate procedlll'H . 2 . Uthe industnal IIMr &a a par.:::ieni:::..:;; or propnetonmp: a pneral partne: ii :=.e penllltt.ee ia a parmenlup, or b~· the propnetor if the perm1nee ia a so le propnetonlup. 3 -----~ ~---- ' ' • . .. • • 0 t ,.. .... , I - .. • • .. • 3. A duly authorized representative oi =~ individual designated above , if the authorization is made in writing. Wnr-..c:: authorization must: a. Specify an individual or position ~-;mg overall responsibility for the facilit; :::-:m wluch discharge originates. BEST MANAGEMENT PRACTICE: Any reasonable practice or procedure d.e-::::ed necessary by the City, to prevent. abate . :r remedy the consequences of the introd=on of unlawful pollutants or concentrations cf pollutants into the POTW by an indus-:..a.l or commercial user to the extent technical:: 3.Dd economically practical. BEST PROFESSIONAL JUDGME:::-."T : BIOCHEMICAL OXYGEN DEMAND (BOD): BUSINESS CLASSIFICATION: COOE(BCC): CATEGORICAL USER: CHEMICAL OXYGEN DEMAND (COD): CHLORINE DEMAND : CITY: The highest quality technical opinion developed after consideration of all reasonably available and pertinent da:a :r information. The quantity of oxypn utilized in the biochemical oxidation of orp.nic matte?' ·=der atandard laboratory procedure in five , 5·, iiays at twenty desrees Celsiua (20"C), expreued in millicram• per liter. A cluaification of discbarpn bued oc :::e current version of Standards Induatri.L Cluaificauon Manual. Bureau of the B~:itet of the l"mted States of America. Thoae uaers subject to EPA promulpui cateSorical pretreatment standards . The measure of the oxycen eqwvalent :i :hat portion of orcanic matter in a sample t=.at ia auaceptible to oxidation by a 1tronc che::.i.cal oxidant under laboratory procedure,. The amount of chlorine required to prcc.~ce a free chlorine re11dual of 0 .1 mc/l after a contact time of fifteen (15) mU11.1te1 u mauund b~· the DPD r.,i , N . Diethyl-P - PbanylanaDiamina) :Method on a sam;ie at a temperature of twenty desree• cantipc.e (20'C) ui conformance wtth &eMt...-a Me1a1as . -&O C .F .R .. PART 136. AS AME~"l>ED . Tba Ci~· of Enclewood. Colorado. 4 --.. . • . ' .. ,,: • • 0 ]- • • II• . ,. • ·, • .. - CLEAN WATER ACT OR AS AMENDED 33 t.:.S.C. 1251 :::::-::E:Q. FEDERAL WATER POLLUTION CONTROL ACT: CODE: The Code of the City of Englewccc.. :::=only known as the Englewood. Munic::;:a: :~tie oi 1985, as amended. QQllPATIBY!: (GQ.!'ACl!i.!'Rl!i.!'ff) PQl":al":a\Jtt'1cHT : COMPOSITE SA.i\tPLE: Bioeh:emietM "·'.? ce .... .iemanei. eh .. aw, 1e11 eicmaftd. att_peadeei 99]:i · •. :"' : G . ammenia, pH snei : .... eal ealiterm ·_ --. ___ s . i,lm an, aelS:itienal pet! tttaftta ieie ftt · __ e PQTl.1.'.s NP9e8 !!le.mt,. A representative flow-proportior.e:. , -.=;;le collected witlun a twenty-four (2.; =.:·~ :;ieriod constituting a minimum of four .; :..:::.:·::ciual samples collected at equally spa:::. :-::,-: ·21 hour intervals anci combined ac::::-~ :o tlow . Ti.me-proportional sampling is&:.::-:;-:-:.:..:" :1ow- proportional sampling is not fea;;:::: :..:::::.uding where flow meter.ng is not feas1::e . QQH8I8'l'l!i~IT PQ!FW 'Rl&a'.t'R.IIUIT Retilleliea ill the a s_, ef a pe:.:. ot W9RKS RliJ.IQVJtl.:, PQW:agr'MJ:r al•:aeiea af .he ae .. we af a peC:t. .P .l!.e R.BllOV1\:T:. OR RE?,IGJ/Jd:.: m811e11e af ehe pg:p1· ee a le11 .e COOLING WATER: ......... state ill .he ell•eat. c .. ~---- pgq'\llt reme ti e!E •• cae5 aheH:. .. '!:!!,!!.-a~~-PraN1e-e ehhe • eee ~ !!e.eeae (ii~•,· ,eaa Ml me•••-..:. ,,.. _, .... est at'" .Se.-., st.-.. -.. e ... 1 sf ... &MIit It .. 11 Mte .o a Mpee 111 · ___ a.tea ab 8 ee !he£!!. ~s-eaeei s_..:. -· :-:sisiie ......... apeus . 1 erw .:11:.. . - .,,ea4 of dsaeaae . s1 ileaeri8e9. : . Je.:i!t!Pi!l •1,lhatie . The water discharted from any ·.:se .·.;:;: aa air conditioning, cccling or refni~:-1::.:::. or to wluch the only polbtant added :..i =.e.:.: . ' .. .. •. • • I . ' • 0 f --I ]- - • • r • • <. GQ{»ITY H&\UII 91!iPJdtq:J,lii>J?I', I~QFRGl!i:R: COLORADO DEPARnfENT OF PUBLIC HEALTH AND ENVIRONMENT: DEPARTMENT OF UTILITIES: 98Pl.z.Rfl'MB>IT 9F v.LJ.STEtJJ,t.A?iiR. T:R&'~>J?I': DIRECT DISCHARGE: DIRECTOR QF ~- DIRECTOR'S ORDER: DISCHARGE RATE: DISCHARGER: DISSOLVED SOLIDS: \, Any reference in this Chapter to the ·'Depar=ent of Health" or the "Health Department" OR THE CDPH & E shall mean the Tri G, -e, ~STATE Health Depart:nent. Any reference in this Chapter to the "healt:i. office:-· shall mean the Health Officer of the 'Fn Ge-e, ~ Health Departme~t. or ~ designated representative FOR THE STATE . The Department which is responsible :"or the operation and maintenance of the wastewate!' collection system. Tae tiepatt!men, •hieh i8 reapemihle far ehe aperaeiea and maiftteruteee oi _:._ • aate11 aeer wea1me11t. s:, item. The diacharge of treated or untreated wuuwater directly to the wate:-s of t:::.e Sta:e of Colorado. The Director of Utilities ~ for E111lewooci :r hi.a/her authorized repreaentati'\"e or desicn--- respec:tively. Any order to a uaer by the Direct0r. That volume of eflluent &om tee pe. A USER OR DISCHARGER which bu bee::2 determined by the 9iHetllr C[TI" to be repreaentative al the proceu effluent ~m that plant. Such effluent will be hued :.:por. metered water uace unleu. in the opi=on :: the~ CITY . 1isnificant amount. of water are diverted and not diachuJed into the wutewater treatment system. Any per90n wbo diachuJe• or causes ::ie diachuJe of wutewater to the POTW . That concentration of matter in the wutewater conaiatmc o( colloidal par.:ic-.lla:e matter one micron in diameter or leu. and both orpnic and inortanic molecules and 10::..s preaent in 10lution . DOI\-IESTIC (SANITARY) WASTES : Liquid wute1: 1) &om the noncomme!'Cal preparation, cooJwic and bandlinc o( :cod. or Z) containinc human excrement and similar matter &om the aamtary conveniences of dwellinp. m-•raal bwldinp. induatnal faalitie1 , and 1.mututiona. 6 . ' •. ' .. • • 0 ,_ J - ]- • • • ENVIRONMENTAL PROTECTION AGENCY (EPA): EXISTING~ SOURCE: FATS. OIL OR GREASE (FOG): FECAL COLIFORM: FLOW: GARBAGE: GARBAGE, PROPERLY GROUND OR SHERDDED: GRAB SA.\IPLE: HOLDl~G TANK SEWAGE : INCOMPATIBLE (NONCONVENTIONAL) POLLl"TANT: - The U.S . Environmental Protec=c::. Agency, or where appropriate, the ::::-::i may also be used as a designation for :::..= Administrator or other duly authc::-.=:ci official of said Agency . An industrial user which is in ope~~:>n at the time of promulgation of Federal C .1:.:prical Pretreatment Standards and any =-=~trial user not included in the definitio::. ::: -:::iew source" as contained in 40 CFR -.c: Any hydrocarbons , fatty acids. sea; s :ats. wa.,:es , oils, and any other mate!""~ ~tis extracted"' &een ael.e1te. I~ AC C: ?.:).-\..-.;CE WITH EPA APPROVED :VlETHC: ::.OGY. Any number of organisms commc ::. = ~e intestinal tract of humans and a-· -= · s whose presence in sanitary sewage is a::. =:ator :,f pollution. Volume of wastewater. Solid wastes from the demesne a::.::. commercial preparation. cook.u:g :..::..::. dispensing of food. and from the ~=e:-cial handling, storage and sale ofprcc.·~. The wutes from the preparauc::.. cookinc and diapensinc of foods :~ ~~-e been cround to such a derree t=.a: i..:: ;:,artic!es will be carried freely under the ::c~ ::::::.ciition.s normally prevailinc in public se.,..-!:';. ...-:.th ::.o particles creater than one-half:.::.::= : -l m any dimension. A sample which is taken from a T:;...,-~ itre:lm on a one-time basis with no regr:: -::: :be fl.ow in the waste stream and withe~: consideration of time . Any wastewater from holdinc ~a-·;"' ,-.;6 as vessels, chemical toilets . campe:::-s -=-~e~. septic tanks, sealed vaulta . and ·:::.:-..:=- pump trucks . Any nontreatable waste produc:. inclwlin( nonbiodecradable din.::-~:. i0lid.i . 7 --~ ---- . , • . .... .. • • 0 r ----• - - INDIRECT DISCHARGE: INDMDUAL (PRIVATE) SYSTEM: WASTEWATER DISPOSAL SYSTEM : INDt:STRIAL: INDUSTRIAL SURCHARGE: INDUSTRIAL USER: INDt:STR1AL WASTES : INTERFERENCE : JACKSON TURBIDITY UNITS (JTU}: .. --------..---;---------,-,-- y • • ... ~ atee~.w1e er The introduction of nenSemeatte pollutants fl am atrJ so mi-: rermel:eti ..d1Ser sedieft aei~) Cl (e) _: .:.e 1\e'e, (33 ti6€ 1317), inti! !:he PQ'PY _:__:!!~I helti:SBI teak ul! .l:it:eha: 1es :Me !:.: .,...-). INTO THE POTW FROM.-L"-~ NON-DOMESTIC SOURCE REGL'L.~:"=:::> UNDER SECTION (b) (c) OR (d) OF r~ ACT . A septic tank. cesapool or similar self- contained receptacle or facility wiuch ::-::~e-=-...s and/or treats or otherwise disposes of wastewater and which is not connecte-i :.:: :he POTW. Of or pertaininl to industry, manufac-:-..::-..=.w . commerce , trade or business, as disnr.i"..:.:..si:J.ed from domestic or residential. That cbarse aueued against induatriL cuatomen baaed upon the amount that ±e atrencth of their diacharled wastewate:- exc:eeda normal domestic strength in ~e parameters of BOD . COD. or TSS . Azi.y uaer that cliacharps wastewater :::-o: induatrial proc:eaMS not to include aa:ita..": wastes . The liquid OR SOUD wute• from the induatnal manufaeturinc processes, c,lie. or buaineA as distinct from aam~· wastewater. The inlub1U0D or diaruptlOn of the PQ0> treatment pl'OCIUU or operations wbi= contributes to a violation of any requin:ellta of the POTW'• NPDES permit. The tel": includes prevention of alwlte uae or w~cul by the POTW in accordance with Mct:on .05 of the ,\ct, or any criteria. cuidelillea or replauons developed pursuant to the 5"mA. tbe Clean • .\Ir Act. the Toxic Substances Control Act. RCRA. or more aumpnt 5ta:a critana applicable to the method of wpc1al or use employed by the POTW . Tbe measure of the optical propenie• oi a aamplewluc:h ca\llH licht to be ac:attarr-and abeorbed rather than transmitted in 1traicht l.iDH . 8 0 ' .. .. . ' • . ... • • 0 I 't? v. I - MA.'<I:'vfl.:,l DAILY AVERAGE: METRO DISTRICT : NATIO:-.:AL G/.TEG91HS.~ PRETREATMENT STANDARD G& GATEG9RIGM. ST.'~JB,\119 OR PRETREATMENT STA.1.'IDARD: ~ NATIO:-.:.-\L POLLUTANT DISCHARGE ELIMINATION SYSTE:\I (NPDES): NATIO:-.:.-\L POLLUTANT DISCHARGE ELIMINATION SYSTE:\I \."WOES) PERMIT: NATIO~.-\L PROHIBITIVE DISCHARGE STANDARDS OR PROHIBITIVE DISCHARGE STA.';-OARD : NATIO~AL CATEGORICAL STA .. ';-OARDS OR NATIONAL CATEGORICAL STANDARD : NA Tl "R..\L OUTLET: NEW SOl.RCE : • • • The average of all samples collected d~~ ~ twenty-four (24) hour period. The :'vletro Wastewater Reclamation D:.:-=:=-_ a political subdivision of the State of Colorado. y regulation containing pollutant dis.:..:-~ limits promulgated by the EPA i..n acco:-~!: with section 307(b) and (c) of the Act w::.:...= applies to a specific category of indust:""~ users. THIS TERM l:,..!CLCDES PROHIBITIVE DISCHARGE LI:\IITS ESTABLISHED PLltSCA~"T TO 40 C:?. SECTION 403.5. The program for issuing, conditioning a::..:. denying permits for the discharge of pollutants from point sources into the navigable waters of the contiguous zoi::.: =:. the oceans pursuant to section 402 of ~ -=--- A permit issued under the ~ational P -:::.:·=: Discharge Elimination System for Disc~~ :: Wastewater& to the ~avigable Waters ::: -=.: l.in1ted States pursuant to the Act. Any regulation developed under the a~:==-:: of 30i(b) of the Act and 40 CFR. sectic::. 403 .5 . A..';"Y REGL"LATION DEVELOPED l").-: ~- THE AL"THORITY OF 30':'(b) OF THE .-:. :-:- A..';-0 .W CFR SECTION .W3 .6 . Any outlet into a watercourse. pond. ci:.:.:=. lake or other body of surface or crounc "T=:=. Construction by an industrial user is clu1ified u a new source if: l . The construction is earned out at a .:.-::: -· which no other source is located : 2. Construction totally replaces the pr.:c:::=: ::- production equipment that cawe1 the di.lcharp of pollutanta at an exating 1.:·~-=e · er 3. The production or wutewater pnen=. proce1N1 of the constructed facility an 9 . ; •, .. • • 0 I xi ]- - NORMAL DOMESTIC STRENGTH WASTEWATER: ONE YEAR: PASS THROUGH: PERSON: PH : PLATINUM COBALT SCALE: POLLUTANT: • • • substantially independent of an exis~ source at the same site. Wastewater, when analyzed e, S~. Meteemt, IN ACCORDA.i.'lCE WITH PROCEDURES ESTABLISHED BY ~ :::?A PURSUANT TO 40 CFR PART 136 .. :.~ AMENDED. contains no more than t=....~ hundred (300) mc/1 of TSS, five hunc...-=:: :5u0) mc/1 of COD, and/or two hundred (2CC =i-:. of BOD. One year shall mean three hundred ,:==::--:::.-e (365) days. A discharge which exits the POTW u:::: waters of the United States in quanc-=-~= :::- concentrations which. ~ALONE :::-:.::. conjunction with a discharge or disc!:.a.:T~= &om other sources , is a cause of a vie~-=.:::. :)f any requirement of the POTW's NPD:::E permit (includinc an increue in the mqnitude or duration of a violation /. Any individual, partnership , copartne:-c::;:. firm. company, corporation, uaociacc=.. ;c:.::.t stock company, trust. estate, eove=~=~ entity or any otlier lepl entity, or the:: :epl reprnentativu, apnta or uaipa. T'::e muculine gender 1ball include the fe~: the lin(ular shall include the plural. The intenaity of the acid or bue conci:.-=.:::. :i a aolution, calculated by takinc the locr:-:= of the reciprocal of the hydrogen ion concentration expreued in moles per:::~::-:: aolution. The lltandard by which 1&111ple1 1hal:. ·:e compared. A standard unit of color ii produced by one millicram per liter oi platinum in the form of chloroplatina:! :c::. :: aolution. Dredged apoil, dirt, alurry, aolid wute . incinerator reaidue . aewqe, aewage i:·.;ir-. prbage, traah, chemical wute, bioloc:::S:. nutrient, b1olocical material. radioac::·.-e material, beat, wrecked or dilcarded equipment, rock. ,and, or any ind1.11tr.a.:. Municipal, or a(ricultural wute. 10 . , • . .. • • 0 POLLUTION: PRETREATMENT OR TREATMENT: PRETREATMENT REQUIREMENTS : <. PUBLICLY-OWNED TREATMENT WORKS (POTW): • t• • .. • The man-made or man-induced alte:-::.::..:::. ::' the chemical. physical, biological. ai:.:: radiological integnty of water. The reduction of the amount of pollutants, the elimination of pollu:a=:.a . the alteration of the nature of pollu=: properties rn wastewater ee a lees · ~ prior to or in lieu of discharg-...::.i ::- otherwise introducing such polluta=:.a :=:= _ POTW . The reduction or alteratioc. = :.: obtained by physical, chemical or::.:::::-. .., processes, or process changes by ct=.;;:-:::.=-=.£ except as prohibited by 40 CFR Se(:::.:::. 403.6(d ). - Any substantive or procedural requ::;;=== related to pretreatment, other tha:: .:. ::...:.::....::-• · pretreatment standard imposed or: .:..:: industrial user . .4.dl appneahle Fese.111 ritlee anti .. r . illlplementt.111 scetieft 3Qi of ,he .' ... _ _ • • a11, aeaeamlse!lftr S'8te ar lae!l.:: _ ----· In eMea af eenA!et1111 JN:11tim eh er re..-tiene, the mere ats:itl1e11e efte ____ -_:__: l,e applies. The wasee aeer 1 .. aeem a1C11ed 9 .. ca., ar the ?tlea es 9i.aerietl . Thie a,_----- illebtaea aa, ••• er thee eea,e,a"' --__ -- • lhe P9Tli'J." ereat111e111 pleete, e?t .. -:-____ _ ••era. Far Hie p1117aae1 aflhie c:..._:---- peq:\V ahaH Mae teehaSe ae, ae•e ...... _._ eease) •••le• ater ta the ~l !! __ :------ e ... ilie ehe PQTlJ' l,11 n JI r riH • he l!!. ·• ea:alfaet er Sl'J!CCSCM eci. Ille pQ-. - aee.H, -u ehlse PQru'. TH..1..:- PORTION OF THE WASTEWATE?. TREA nfENT SYSTEM OWNED W":-: : :..:.. -:- OR JOINTLY BY THE CITY . THI.S DEFINITION I~CLUDES ANY SE",,. =..?. THAT CONVEYS WASTEWATER:-:~ POTW TREAT:\IE~ PLA..'ITS . EX :~:-: PRIVATE SEWERS. FOR THE Pl?.::~.= OF THIS CH.-\PTER, PO'IW SHA!.:. .:.~: INCLUDE A.'-"Y SEWERS THAT cc~:--~ WASTEWATER TO THE POTW F?.::.: PERSONS Ot:TSIDE THE POTW BOUNDARIES WHO ARE BY co:-;.:_-_::-: OR AGREEME~"T WITH THE PO'r,': ACTUALLY t:SERS OF THE PO'r.\" ~ POTW IS LOCATED AT 2900 SOL • .:: PLA'M'E RIVER DRIVE. ENGLE\\·,:-:: 11 ------,...-..,. -l • . .. • • 0 - RADIOLOGICAL CONTROL: RECEMNG WATER: RECEMNG WATER QUALITY REQUIREMENTS: SANITARY SEWER: SERVICE LINE (PRIVATE SEWER): SHALL, WILL, MAY : • • • <. COLORADO . AND IS JOINTLY O\V~~ 3Y THE CITY AND THE CITY OF LITT: -=-:-·: ~- Disposal by release into sanitary sewe!" systems in accordance with Rules anci Regulauons published by Colorado Department of Health and the State ci Colorado . Lakes. rivers, streams or other waterc::,=::--:: which receive treated or untreated wastewater. Requirements for the wastewater treatment plant effluent established b:: applicable State or Federal regulator:: agencies for the protection of receiving -r=.:~ quality. Such requirements shall inclui± effluent limitations, and waste disch~ standards, requirements, limitauons. ;:: prohibitions which may be established. z adopted from time to time by State or F :!6e...-al laws or regulatory agencies. A sewer which carries sew ace and to w ·-c'- 1torm. surface. and ground waters are =-c intentionally admitted, includinc the P:?e :r conduit system and appurtenances, for =e collection, transportation. pumpin.c anc: treatment of aewace. Tlua definition si: , ·· alao include the terms "public sewer", 'ioe'T"!!:' 1ystem". "sewer", and "collection line". The wutewater collector line exten~ from the waatewater diapoul facilines =: = premae1 up to and includinc the COIUle-:-::.= ;o the 1arutary sewer. "Shllll" and "will" are mandatory ; "may' ~ perm1111ve . SIG>JIFICA~IT 1,t9l:1STRlr'd:. tSSR. Jdly ea1e1arieal ••• er i11.1haeerial wae .. Cit. '1 • •le eater Weataene 1,11em • :__z _ praeeaa 8e a) e•eeetle hscn1,: ice the~sa.:e. (115.999) rMlene per Ila,. Ee11el••1 •-=--- ae11eon11,e1 eeolm1 aM hailer hla• tie• _ 11aa11 a111) er~) ••eeeth ise pereea, : ~ l: lee MM, a,era1e U, ,1alhe1 h;Malti:t. __ 011ame eapaes., ef lhe •••••1111 ,., 111 ~ ••8s1c1 te a 11111ehatr1e far ••ee11au • BG : ,e9 aMl'er TSS • ,ie,.aea far ill.._ ea., .. ,.•> aa, ........ ,._ .... ••• .......... , .............. . •-•••• •••• IIIMlar Nelaea lli(a .i w:: 12 • • 0 • , ' . . , 0 • .. I SIGNIFICA.1."IIT INDUSTRIAL USER: · .. • • • ... .',et, ere) is eietermmeei e_. !:.._ :JI:! __ --- Aletre Biat:riee, the Cele1 ati.e --:- r Healt:ft ert:he t:.s . 6ft,i:reas •. ai ~ _ ------ .\gene, ee he.u e lirnme!tfl.. !"' -'-· :_ singl_u er m eemhitlstien , .. : : _~ __ eentnh'llting ineimtries. el'. _:__ -· __ werJte s11eh that dte ffttalL . _: · _ . -----· aht4ges. &am tfte ereatm..... · · &rem the ref(tli:rements :!t . : __ ." permit iee11ed te the City . -· : _ ~ :_ E>iatriet. er stteft that i:nte. _ .. __ _ .... ,.,::. treaement precess er Me ···----,... .. ·...:. ___ -_ A) ALL INDUSTRL-U. l S.c.?..:: ::: L .::,_ .:. _ _ _ _ CATEGORICAL PRETREA:.-~:\--: STANDARDS U~DER 40 C.: ?. . .;,: :..-: _.:.__: :-:: 40 C.F .R. CHAPTER I. Slz3C:-=_!_?~?-~: AND B) ANY OTHER l~l)l."STRL.:....:... l-5~-:-.::...:._:- 1) DISCHARGES-~::-J A\"EP_.:._ ~~ C: .::!: :,:,: GALLONS PER DAY OR '.\IC?_E C: PROCESS WASTEWATER :-: T:~ ?·: :-:-; (EXCLUDING SA.'HTARY . ~,: ~-C: ~--:_.:._:-: COOLING A.'IID BOILER BL:\\"I:•:7-i:: WASTEWATER. 2) CO:\"TP • .3l • .:.5 _.:._ PROCESS WASTESTREA.\[ 7-::-::IC~ :,L.:.~ UP TO 5 PERCE~'T (5%·, OP. :,!OP~ ·): :-==::: AVERAGE DRY WEATHER ::.-:u?_.:._-_-_:: : .=. ORGA-l\lIC CAPACITY OFT:~ ?C ~ TREA TME!li'T PL~\. 'T. 3) IS 5 i.. '"B.: .:. C~ :-: -=- SURCHARGE FOR EXCESS:-.-=: BC::> : : : AND/OR TSS . 4) HAS TOXI C '.\L\~?...:....:....:...::. - ITS WASTE STREA.\11~ TOT.:C -~·~C-'"> -= AS DEFINED IN ST.~\.l)AP.:: S 1ss--~= UNDER SECTIOK 307 ~a i O? THZ _.;.,:-~ 5) IS DESIGNATED A.S Si..-C:--: BY:-:~ CONTROL AUTHORITY _.\5 : EF!~~: ::-: ~: C.F .R. 403.12(a) 0~ THE B • .:...:iS ~.;.:-:-==::: INDUSTRIAL USER H..\5 _\ ? 7 .\5C ~-.:.3 ~ POTE::-.ITIAL FOR .-U>\"ERS~:_y AFFECTING THE POT\\-S C ?ER..:._:-::~ OR 6 ) FOR VlOL\Tl~G _-\..,-:- PRETREATME:'.\'T ST.~,1).\?..::> OP. REQllREME:'.\'T (I ~ .KCOP.::_~'-CZ ~ -40 C.F R. 403 8(f)\6). 1*: pc:NB ........... :fl ----·•PdJ:e .... __ •• M af._ bMpltr •-1"!". i e ,: H . ates: ae f -af ataeft see •. aJll*!: .. e ll!l: ...... • ,. .. efa 1a111r.: sf __ seae ~:....e ... , ......... {111 aente ,, ... ! sr ' . u el cs a fall••• aecma,1: .. ,,e .. • .... ,...... .. hies . u ci .,, II! .:... PQ:F1JT M,1111 ID eaeretac -~• .!!le111--. 13 ,. - ~ . , • . .. ., • • 0 SLUDGE: SLUG OR SLUGLOAD: STANDARD INDUSTRIAL CLASSIFICATION (SIC): '· • • • atttherie, ta llalt e1 p1 c • ent the infit:1aet5 ~ elittcka1 gs sf pel:hteaaea . • The accumulated solids separated from liquids. such as water or wastewater. d~~ processing, or deposits on bottoms of s~ •-• or other bodies of water, or the precip1u~ resulting from chemical treatment. coagulation, or sedimentation of water or wastewater. A discharge of any pollutant at a flow r:i.~ and/or pollutant concentration that cow~ violate any of the prohibited dischal'I'! standards, whether or not such v:iolano:::. actually occurs . A classification pursuant to the Standar::. Industrial Classuication Manual issued :::- the Executi\'e Office of the President. OE.::; :r Management and Budget, as amended. P.aeeawea aeaesmea in Iha la.Mal eailica ::i "St Ii.as 4 ? kehaaa Mt lee S.m . Hiaa .. l Waeer anS tUaate eater" ae p1dslt1Jtcel 6:r :be- a\me1 · t!8t& P ulsise Heaitft .. 't:eaaciaeiaa aaei :Le- W'aeer PsHtteie11 Sss•al Fede1atica. Sle __ __, ef ••1k11aee1 ••c:42k ahstH l,e meaew_~ ·-. "St Ii.ass He1haaa• llllleaa alhet siae Hp1 eaal, ••eea. STANDARD SPECIFICATIONS: The current specifications uaed by the C::::-::r Enc!ewood in the construction of public eewers . STATE : STATE WATERS: STORM SEWER: STORM WATER: State of Colorado. Any and all surface and subsurface wate::-;; which are contained in or flow in or thro~~ this State, except waters in sewage syne~. waters in treatment works or disposal systems. waters m potable water distni::.;::cc. 1y1tems , and all waters withdrawn for ~ until uae and treatment have been com;::e,;~::.. A sewer that carries only 1torm . •urface a=~ sround water drainare . Any flow OCCUrnnr duJinr or followinc any form of natural precipitation and re1ultu:1 therefrom. 14 . ' • . .. • • 0 1 32xl ]- <. SUB91¥19BR ~BWL9PBR). SUB9ITISl9N. SYPBRINHNDBN'I'. SUSPENDED SOLIDS OR TOTAL SUSPENDED SOLIDS (TSS): SYSTEM DEVELOPMENT CHARGE: TOTAL METALS: TOTAL SOLIDS: TOXIC POLLUTANTS: UPSET (SPILL): UNPOLLUTED WATER: • • • t.:n, perae11 w he plate a11S imp re• es 1mde uelepeel m'lfl far tfte pmpaae ei ma .. enat eemmerei&l , er rcaielt!lttal ti9(. a\e_, m1eieuelepeS hand uh!eft has l,ees pi_. and• imp1euctl fer Hie p-,seae ef tftdttaer: eemmereim. ar reaidenti.M me. The peraeB deeicneeeei ls; the Cit: .e 111pePUl8e t:he spereeien ef the pg:r,r sni ie ellarceel 11ilh eePl!etft ei11ttea anS respamihilieiea 1,y tm9 Chapter, "' :tt1 eitL . a111haritled repreaenee.ti, c . The total suspended matter, expressed iI: milligrams per liter, that floats on the su:-'-~= of, or is suspended in. water. wastewate:::-. other liquids, and which is removable by laboratory filtering in accordance .. ,th procedures set forth in "'SeHliarli ~ le .eee:! 40 C.F .R., PART 136, AS A.\-lEXDED . That charge auessed against new users :-: the wastewater treatment system to 5na--~ capital improvement of the wastewater treatment system. The sum of the concentrations of copper (C-=. nickel (Ni), total chromium (Cr) and :enc 1Z=. The sum of suspended and dissoh·ed soli~ Any pollutant or combination of pollutant.: lilted in Schedule A as toxic or in reculat:.:~ promulpted by the Administrator of the EnVU'Onmental Protection A1ency under ~ provilions ofCWA 30i(a) or other Acta . An exceptional incident in which a discha: ~:.. unintentionally and temporarily is in a st.a.~ of noncompliance with the 1111nliMlis HIS OR HER PERMIT aet forth in Sectioc. 12-2-7 herein due to factors beyond the reasonable control of the diacharier. and excludin( noncompliance to the extent ca~:: by operational error, improperly desicned treatment facilities , inadequate treatmec.: facilitie,, lack of preventive maintenance. careleaa or improper operation thereof. Water of quality equal to or better than t=.: State or Federal ef!luent critena 111 efrec:t . = water that would not came violation of receivin1 water quality 1tandard1 and we·~ IS . ' ' • • • 0 - USER: USER CLASSIFICATION: VISCOSITY: WASTEWATER (SEWAGE): WASTEWATER CONTRIBUTION PERMIT: WASTEWATER PRETREATMENT FACILITY: WASTEWATER STRENGTH: • • • not be benefited by discharge to the san.:.:.a..; aewera and wastewater treatment facili::.e:: provided. Any person who contributes. causes or permits the contnbution of wastewater :.::::: the POTW. A classification of users based on the 1971 r aubaequent) edition of the Standard Industrial Classification (SIC) Manual prepared by the Federal Office of Management and Budget. The property of a fluid that resists inte::--L flow by releasing counteracting forces . The combination of the liquid and water-carried wastes from residences . commercial buildings. industrial plants =.:. institutions including polluted cooling wa:c= 1. SANITARY WASTEWATER : T'-...e combination of liquid and water-ca.-::.~:: wastes discharged from toilets a.i:ci other sanitary plumbing facilities . 2. INDUSTRIAL WASTEWATER: A combination of liquid and water-c~.=e:: waste, discharged from any indus-.:-....i:. eatabliahment and resultinc from 1::7 trade procesa earned on in that eatabliahment including the waate..-:i::e!" from pretreatment facilities and polluted cooling water . 3. COMBINED WASTEWATER : Wastewater includinc sanitary a&ci industrial wastewater. storm wate:- infiltration and inflow carried to ~e POTW . The document or documents aaued to a user by the City m accordance with:;::.: terms of thia Chapter. Any arranpment of devu:es or 1tructure1 used for treatinc wa1tewater ::e~ it ii discharced into the POTW . The quality of wastewater diacharpd aa meuund by 1ta elementa, includinc ita c:omtituenta and characteri1tics. 16 0 • . ,,,· • ' . . ' 0 • , ,.,. I ]- . ' WASTEWATER TREATMENT SYSTEM. WASTEWATER UTILITY, OR WASTEWATER SYSTE:M : WATERCOURSE: WINTER QUARTER WATER USE: • • " • a) Any devices. facilities , structures. equipment or works owned or used ,. by the City for the purpose of the transmission. atorace , treatment, recycl i -:r . and reclamation of industrial and domes= wastes from within or without the City,= necessary to recycle or reuse water at the most economical cost over the estimated ~e of the system . including intercepting sewe~- outfall sewers. collection lines, pumpinf, power, and other equipment, and their appurtenances, and excluding ser.;ce ~=: b) extensions . improvements, additions . alterations or any remodeling thereof: c) elements essential to provide a reliable recycled supply such as standby treatme::.: units and clear well facilities : and d) any works, including the land and sites tha: =3Y be acquired. that will be an integral par.: :: the treatment process or is used for ulr:-•:e disposal of residues resultinf from such treatment. Any channel in which a tlow of water oc::-=s . either continuously or intermittently. The average monthly amount of water delivered through the meter of the user :.-.=-...ng the following ;,eriods: Water Usage Periods for Computin1 Sewer Rates Inside City Mid Mid Bill Date Group III Nov . Feb . :\lar. l Group I Dec. Mar. Apr. l Group II Jan. Apr. :\lay 1 Outside City -Denver Water Mid Mid Bill Date Quad IV Jan. Mar. Sept. 1 Quad III Dec Feb . :\lar. 1, June l Sept. 1, Dec . l Outside City -Willow Water Mid Mid Bill Date Dec . Fe b . June 1 17 --' . ' • . .. • • 0 • . ' • • Terma nee alhePttlee eleineel herein shall he,e the messjap aSopieel ill tihe ltteeae caiiien af "SMBtlarel Melhatle fer ehe E•mmtleiaa sf Waler atlfl V/ae1e•a1er' pHmlheS a, the :\merieae P..l,lie IleMtlt .. ~aaeialiea, the Ametieae ~.Taler IJ/arlle 1\c1aeieMa aaei lhe Vttaeer PsHt1:lio11 Solltl'el f?eje: alien. Abbreviations: The following abbreviations shall have the deaip.ated meaninp: +&. 1 . H . z. +. 3 . •• i+. 6 . a-. •• a.. 7 . +. 8 . 6-. ~ ~ ~- &. 9-. +&. H . a-+. +a. N . +3. H . ++. BAT· Best Available Technol<JCies . BMP · Best Management Practices . BOD · Biochemical Oxygen Demand. BPJ -BEST PROFESSIONAL Jl."DGMDIT . BPT · Best Practical Technologies . CFR · Code of Federal Regulations. COD • Chemical Oxygen Demand. CWA · Clean Water Act (33 USC 1251 et aeq .), u amended. 9 . O&M • Operation and Maintenance. &MG li'illllewaeli Mllllieipal Gase 1985. 10.. EPA· Environmental Protection Apncy. 11. FOG • Fata, oila and greue. 12. 1-Liter. U . mg· Milligrams. 14.. mg/1 · Milligrams per liter. U . NCPS • National Cateaorical Pretreatment Stanclarda 18. NPDES · National Pollutant Diacharp Elimination Sy1tem. 17. 18. 19. IO . POTW · Publicly Owned Treatment Work.a . RCRA • Reaourat Conaervation Recovery .~ SC -SURCHARGE . SIC · Standard Ind111trial Clauilication. 18 ---' • I • . I· 0 l • ]- - • H . *· M. ·, 21. 22 . 23 . 24. • • • ' ,... • SWDA · Solid Waste Disposal . .\ct. -12 C5C 6901. -:: ,i!q. TSS . Total Suspended Solids . USC· Uruted States Code . USEP..\ · United States Environmental P:--::ec::o:: --'-~;,ncy . 12-2-2: GENERAL REGULATIONS : A. Supervision: 1. The Elil:eeeer eft!m!ies CITY MANAGER OR HIS/HER :.,::5;c::--.--=::::: ,hall ::e responsible for the management of the wastewater colle::::::: ;y;;:== ,er:eci by the City and all of the property pertaining thereto . H~ ;;::.? ,i::::..:.:. ;,;,e that such system is kept properly cleaned and in good wor!ur.~ :r'.ie:' ~: ::'epair. He/she shall ensure proper compliance with all local. Sea:: :i.::ci :-:·:-::"al ordinances, statutes, laws, and regulations for collec:ior. ::· wa::e""' :a.:::' a.r.ci shall perform all other duties m connection with such ,y,::=. a.;; =i::-:ie required . 2. The 9is:eeeer sf \llaate :e aeer TreaMllest EQ\JTT) CIT\-~L.1~< . .l.GER •J?. 3 . 4 . HIS/HER DESIGNEE shall be responsible for the manag:=e::: ::· ~= ~ LITTLETON/E:'.llGLEWOOD wastewater treatment pla::: =ci ::i..:.:. :: :be property pertaining thereto. He/she shall see that suc::i ,:s,:e=. :.;; ::.:;: properly cleaned and in good working order and repair . E: ,::e .::::..:.:. e::sure proper compliance with all local. State and Federal re~.:;.:::i r.s :·::' :::'ea=ent and discharge of wastewater and shall perform all othe:' ::.:::es::: ::=ec::.on with such system as may be required . The 9iteeter sfliti!i.etea and 9ireeter ef\Jlaaee ate.:. __ _ ' . ----·-- MANAGER OR HIS/HER DESIGNEE may adopt rules 1::: ::'!f"~:..::.:::.;; ~ their respective areas of re1pom1bility , Jointly or indi,"l.ci:.:Ly c::::.;;:.;;-:cnt with the provisions of this Chapter for the admuuatrauon oi :.::: ... -as:ew :a.:e:' system. Rules and regulatlom adopted shall penam :o. :·.;: silL :::: be limited to, discharJe . lim1tat1ons , pretreatment reqwr!!=.::::i. s :a=.iris for installation of wastewater lines and services. and unp le=::::at:::: ::· atandards promulcated pursuant to the Act. In estabiu;::.:::i sue:: :-~:s and reculationa. they shall eatablish standards that will au ·.;:~ saie . e:::=ent operation of the wastewater system. wa1tewater treat:::=::: ;i r cc:» ::- equipment. that will not have an adverse effect on the :"!!:;o :·.-.ng -x1:c:'. or ....n not otherwise endanger persons or property , or consnt:.::= :i ::wsa;:~c . The 9i:reete1 efl.ti:heiea . the E>il:ceeer sflraate ,ate.: ... -. _ ... ! ~ Elii:eeeer ef Finsnelal liiel"l'ieea CITY shall keep such rec::"-:: i::d ;~:;: L"'1! suc!:i reports concerning the wastewater utility ae ehe E'i!'. ? ! •I -· ~-. _. The City Manacer shall keep the City Council advised oi :he :;e:"at:c ::.s . -=..,ancal conditions and future needs of the Department and iOL ;::'e;i a:e :i..::::. submit to the City Council, at least annually , a repor: c:·.-~:-..::g :::e a:":l~-ioes of the Departments, includinc a statement of revenue s i.::::. ~:tpe::!i::-.;."'es oi the precedinc year. 19 . , •. .. • • 0 , -• ,, - ,.. • l • . • ' '· 5. The Qtreet.er sf U~t.ies and tfte E>iteeter ef Waate .u ater Treaeme!!:t ~ shall have the power to formulate and promulgate directives, reg,..ua=---=.s . and orders implementing and consistent with the provisions of dus :-=;:-:er. The violation by the user of any such directive , regulations, or orde:-s = ::>e enforced in accordance with the provisions of Section 12·2·6 of dus C:-•:-:er. 6. If wastewaters containing any substance described in the following =-=-=== ofthia Code are discharged or proposed to be discharged into the ...-a.:-..e.,..ater system of the City or to any tributary thereto. the 9ireeteP CITY ma: -, :.,. any action necesaary to: a. Prohibit the discharge of such wastewater: b. ReerWe a Mleft8r1er ee SemaMllat:e t.ftae in plant mem6eat.e ,., reeb1ee er eliminate elte eiieeher1e sf s•eh sw.lsatameea ae eae, .:._ thsehar1e flees see e11eecel t.he mlliee set ill Seeeien UI a i her_ ISSUE A PERMIT TO ANY INDIRECT DISCHARGER TH..\:'~ CITY MANAGER OR HIS/HER DESIG!';'"EE DETERMINES T C =~ A SIGNIFICANT INDUSTRIAL USER; c. Ensure pretreatment. includin( 1torace facilities or now eq11a ii ::a--:i necessary to reduce or eliminate the objectionable c:haracteri.sccs :::- substance, so that the discharge will not violate this Chapter: d . Ensure that the person ma.kine, causing or allowing the disclu...~ ;:ays any additional cost or expe1111e incurred by the City treatment S:5"".c:: er E . IMPOSE MASS LIMITATIONS ON SIGNIGICA.'IIT INDl:STI>..:...:..:.. USERS WHICH ARE USING DILUTION TO MEET APPUC.-G:..Z PRETREATMENT STANDARDS OR REQUIREMENTS. OR !> OTHER CASES WHERE THE IMPOSITION OF MASS U~II:-.~ ~ .~:,.;5 ARE APPROPRIATE. ~-F. Take such other or further remedial action aa may be deemed~·=~ desirable or necessary to achieve the purpose of this Chapter. G. REQUIRE THE INDIRECT DISCHARGER TO IMPLEME=-,-r -~ =~ST MANAGEMENT PRACTICE AS SPECIFIED BY THE CITY MA.'JAGER OR HIS/HER DESIGNEE THIS REQUIREME::-.'T . .:...:?~S TO ALL INDIRECT DISCHARGERS A .. 'ID SHALL BE ENFORCEABLE U NDER PARAGRAPH 12·2·6 OF THIS ORDINANCE . 20 ' ' , • . .. • • 0 J - ]- • ,, ~ ... • ' • ~ •, ~. ~ • 7. Any actual or threatened discharge of wastewater containing subs,.~ --es limited or prohibited by this Chapter into the wastewater treatme::.: o:=m ofthe City which. by the determination of the Bi!'eeter efUtiiiti.e! C:-:: MAJ.'llAGER OR HIS/HER DESIGNEE er elle Bi!'eeter ef\\taaee .. a .e. Treaemene. presents an imminent or substantial endangerment t c :.::.:. health or welfare of persons or to the environment, or which causes interference with the normal operation of the wastewater treatme::.: .y.:.em. may be immediately halted or eliminated by either the Bi!'eeeer ei ·: · --!- er the Bi!'eeeer efWaseeouaeer Treaemeru CITY MANAGER OR H I :.~?. DESIGNEE . The 9ireeeer efl.tilsetes er eh<. Bireeter efl.1.'aaee• a .. e_ Treae1111e11e CITY MANAGER OR HIS/HER DESIGNEE may halt ::-~---. .,ate such discharges by means of any procedure or measure authorizec ·::c • '--• Chapter for enforcement of discharge limitations and prohibitions . :-:-~ means of physical disconnection from the wastewater treatment ;;e:-:-.:::. . :uch discharges may be halted or eliminated without regard to the coc:.;~ of the discharge with other provisions of this Chapter. This action d c es =: preclude the Bi!'eeter-CITY MANAGER OR HIS/HER DESIGNEE :~ -.-~ 3.!ly further appropriate enforcement action provided by this Chapter. 8 . The Bi!'eeter-CITY ::VIANAGER OR HIS/HER DESIG:-."EE shall se: ~: industrial users which discharge to the Metro District comply wit=.:.::.: =:re stringent discharge limitations of either the Metro District or Eng::-v-:::::.. B . General Prohibitions . 1. All wastewater shall be discharged to the P@TW except as ; :-:-;-...::.:.i hereinafter . 2 . It shall be unlawful to discharge from any premises within:=.:: :::::-. or into any area under the jurisdiction of the City , or into a dis~-=: = jurisdiction under contract with the City for treatment of sa::.:.~ aewace. into and upon any public hilhway, stream. waterc:::,.;..-::--:. = public place. or into any drain. cesspool, storm or private se~~ ::- natural water outlet, any aewace or other polluted waters . e~: where suitable treatment has been provided in accordance '"-= provisions of this Chapter and local. State and Federal la,n. 3 . It shall be unlawful for any person to cauae to be diachar1ec :::--• :.-e a connection to the POTW which would allow any storm wate:-.• -~=e drainage, Jround water, water from unroofed draina. roofr=-...= 4 . coolinJ water or other water into any sanitary sewer. ~o pe~= =-~ cause any of the above mentioned water to be milted with t =..;.: ;;,:-;;o n ·s aewage in order to dilute said sewace . Storm water. surface drainage , 1ubaurface drainaJe . Jrounci.,.. :a::::.:-. water from unroofed draina, roof run-off. coolinJ water or w:; :~:..-:..-:::-:. water may be admitted to s pecifically desiJnated storm sew ::-! .,..=:ch have adequate capacity for the accommodation of s aid wate:-. :: i.=-a1l be unlawful for any person to connect to and/or uae aanitar:: H 'T~::"3 :or the above purpoae without havinJ obtained the wnttsn pno:--H ::t of the Bi!'ee1er sHililiti11 CITY MANAGER OR HIS/HER DES:";;~. 21 ~ " .. • . l ., • . , • 0 1 .... -. I • • · ... • 5. It shall be unlawful for any person. in any way, to damage any property, equipment or appliance constituting or being a part of :::ie City wastewater utility or for any person to trespass upon the ;,rope::-::: of the City, to tap any sewer main or to make any connections therewith. to deposit any type of refuse into manholes or in any manner to interfere with the wastewater utility or the property, equipment, manholes. piping or appliances of the wastewater collec-=..:n system and treatment facilities . C . Specific Prohibitions: 1. It is unlawful for any user to contribute or cause to be contributec directly or indirectly, any pollutant or wastewater which will inte~::e~ with the operation or performance of the POTW . These general prohibitions apply to all such users of a POTW , whether or not tl:.e user is subject to :,,.1ational Categorical Pretreatment Standards or a.::::- other National. State or local pretreatment standards or reqwre:::le::::3 . It is unlawful for any user to contribute the following substances :o :1::y POTW : a. Any "hazardous waste" as defined in 40 CFR 261. unless specifically allowed by POTW . b. Any liquids, solids. or gases which by reason of their nature or quantity are, or may be. sufficient either alone or by interac::ic= with other substances to cause fire or explosion or be injuriow :.;: any other way to the POTW or to the operation of the POT\"\". _.:._: no time shall two (2) succe11ive readings on any explosion haza.. -:i meter, at the point of diac:harge into the system (or at any poi.::.: in the system), be more than five percent (5%) nor any sing!e readinc over ten percent (10%) of the Lower Explosive Liml: C. d. (LEL) of the meter. Fire or explosion hazard may also be determined using fla1h point concentration. by cloaed cup metl:..:,d aa specified in .W CFR 261.21. The flaahpoint shall not be '.u;; than au:~· degrees (60") centigrade or one hundred forty deg:'ff: (140-) Fahrenheit. Solid or viscous substances wluch may .:ause ob1truet1on to ±e now in a sewer or other interference with the operauon of ~e wastewater treatment facilitiea such a,. but not limited to : grease . carbace with particlea greater than one-half inch (11 :-):.;: any dimension. arumal suta or ti11ue1, paunch manure, bones. h8U'. hides or fie1hin11 . entraila. whole blood. feather,. ashes . cinders . sand. spent lime. stone or marble dust, metal, straw. shavmcs . grass clippings. ra11. spent grainl , spent hops. wu.~ paper. wood. plastics . gas. tar, asphalt re11dues, reaidues !roe: refininc or processing of fuel or lubricatinc oil, mud or 1la11 . gnndinc or polishinc wa1tes. and other like or similar matenu . Any wastewater ha,-ing a pH le11 than 5.0 or more than 10 .0 unless the POTW ii 1peci.fically d11igned to accommodate any 1uch wastewater. or wastewater having any other corroe1ve property capable of causmc damags or hazard to 1truc:tuns. eqwpment. and/or personnel o( the POTW ; except that w&1,-.r1 22 ~- ' .. 'I .. • . .. • • 0 I ]- - • • • .. may be granted for continuous flow d!...::iarges which are monitored continuously by automatic :::onitonng equipme::=-.:::..:::i waivers may be applied to pH excurs.ons which are above units as set forth in the Littleton/Eng:ewood wastewater treatment plant policy for pH effluent :imitations under continuous monitoring or grab sampie ::ionitoring for cont=.::.....--= discharges. Such waivers must also be 10 compliance with ~ Federal regulations and guidelines . e . Any wastewater containing toxic polh.:::ants in sufficient q~. either singly or by interaction with ot:::.er pollutants. to inj~-= =- interfere with any wastewater treat:c::ent process . constit\.::c= :a. hazard to humans or animals. create 3 -:oxic effec-; in the ?":.:...:.... ~ waters of the POTW, to contaminate :::ie sludge of any PC-_-. systems, or to exceed the limitation se: forth in a Categor:~ Pretreatment Standard. A toxic pollutant shall include , bi.:.7 =--: be limited to, any pollutant identified pursuant to section : -_ of the Act. f. Any noxious or malodorous liquids. g~es. or solids which~==-=- singly or by interaction with other wa.~s are sufficient to::-= :::: entry into the sewers for their mainte::.ance and repair. g. Any substance which may cause the POTW's effluent or a=:- other product of the POTW, such as !"!sidues, sludges, or k.-.:. to be unsuitable for reclamation and ::"'!~e or to interfere " _ -:::.2 reclamation process where the POTW :s pursuing a reuse = reclamation program. In no case shall a substance dischar:=:: -:: the POTW cause the POTW to be in ::oncompliance with :=.: sludge use or disposal criteria. guide!:::es , or re('.ilations a ---=-i sludge use or disposal. h. Any subatance which will cause the POTW to violate its :-; : _ ~ permit or the receivinc water quality standards. i. Any wutewater with objectionable cc:or not removable in = treatment proce .. , such u , but not bited to, dye waste! -- vegetable tannins aolutions . j. Any pollutants, includinc oxygen de:c:::mdinc pollutants (B,: = etc.) which a user know, or has reasc:: to know will cauae interference to the POTW. In no case ;;hall a slue load hav,;, '.=. flow rate or contain concentrations or ~uantiues of polluta ~ that exceed for any time period longe:-:han fifteen (15) mi.:::=-~ more than five (5) times the average ~enty-four (24) hour concentration. quantities, or flow dur..=1 normal operation. k. Any wastewater containinc any radioactive waite& or iaot,:-::~ ::: such half-life concentration u may ex:eed limiu establial:.~= the 9iftewt, CITY MANAGER OR HIS.HER DESIGNEE ~ compliance with applicable State Rules and Rerulationa Pertainin1 to Radiolocical Control. publiahed by the Colon.~ Department of Health. State of Colondo. 23 • . ' • • 0 - - • 2. • • • ', L Any wastewater which causes a hazard to human life or =:i.tes a public nuisance and is not contained in the wastewater ;;ystem. m . Any wastewater having a temperature which will cause tl::e temperature of the influent to the wastewater treatment :;::.ant to exceed one hundred four degrees (104•) Fahrenheit or forty degrees (40-) cenugrade and/or inhibit the biological activi:y :.n the POTW. n . Any water or waste which contains grease or oil or any otl::e:- substances that will solidify or become discernibly viscous i : temperatures between thirty-two degrees (32•) Fahrenheit 0-C.) and one hundred fifty degrees (150-) Fahrenheit (65.5° C.). o. Any water or waste containing free or tloating oil and grea:e. or any discharge containing animal fat or grease by-product ::: excess of 200 mg/I . p . Petroleum oil. nonbiodegradable cutting oil or products of =eral oil origin in amounts that will cause interference or pass ~ugh. q . Wastes from septic tank pumpage or vaults except at loca:::::ins permitted by the 9i(eeler a{Waakuuaee1 Treaemeae CITY. r. Waters containing garbage that has not been ground or comminuted to such a degree that all particles will be ca=ed freely in suspension under conditions normally prevailing in public sewers . Solid particles shall be no more than one-ha:: inch (1/1") in any dimension. s . Unusual concentrations o{ disaolved solids. t. Any wastewater containin( BOD . COD . total solids. or u . suspended aolida of 1uch character and quantity that unus.al attention or expenae ia r.quired to handle such materials at the wastewater treatment plant: provided. however, that a uae:-may be permitted by specific. written qreement with the POTW which acreement to diacharp 1uch BOD . COD or TSS may provide for special charges, 1urcbarge1. payment.I or provi.s:ons for treatinc and te1tinc equipment . Ammonia nitrogen or 1ub1tance1 readily converted thereto . in amounts that would cauae the POTW to fail to comply wit!l 1t1 NPDES permit. V. POLLUTANTS WHICH RESULT IN THE PRESE~CE OF TOXIC GASES . VAPORS OR FUMES WITHl::-1 THE POT\V I::-1 A QUANTITY THAT ~IAY CAUSE ACUTE WORKER HEALTH AND SAFETY PROBLEMS . Any material or sub1tance not epeci6cally mentioned in thia Sec:ion which in itaelf ii corroe1va , ll'ritatinc, or DOJDOua to human bai.DJ1 and animals , or wluch by &ntaracbon with other water or wuta in the public sewer 1y1tem could produce undelirabla a&c:ta or c:nata any 24 ... • . , ,,. •· I . , • 0 I ]- • D. • ,.. • • (. .. other condition deleterious to structures, treatment p ::-:ce 55e5 . i.::.:i quantity of the receiving stream, is illegal. 3 . Any material or substance entering into the public 5e.,.,·e:-~i:;c:::. interferes with the treatment process even if it is "'-::::ii= ±e concentration limitations stated in Section 12 ·2 · 7 ::ay =e p:"'.::~:c:i upon written order by the ~ CITY M..\..~AGE?. OP. n I5 1'.:~ DESIGNEE . Federal Categorical Pretreatment Standards: Upon the p:-'.::::~g:!::::: ::· :;:.e Federal Categorical Pretreatment Standard for a particu2ar :=c:u.s-:::-i subcategory, the Federal Standard, if more stringent tha= .i:::::a::c:::..: imposed herein for sources in that subcategory, shall im=e~te!y ;·..:.;e::·H-:i e the limitations imposed herein. The ~ CITY shall ::o~"':-· al! a=e:-:c·:i users of the applicable reporting requirements. E . Specific Pollutant Limitations: It is unlawful for any pers ::: :.: :i:.;;c~ wastewater containing pollutants in excess of the li.mita t:::-.= :n :::..,~a;, as set forth in Section 12·2· 7. F . State Requirements : State requirements and limitations ::: :i:.s c:::.1.~:;; ;;::..a..:l apply in any case where they are more stringent than F e-'=--.,,· -0 -:--·--=--:.s and limitations or those contained herein. G. POTW's Right of Revision: The City can establish by or~:! ::!:C::": stringent limitations or requirements on discharges to t::.e ?QTW -.i =~==-= necessary to comply with the objectives presented in sub;;ec:::n l:1-:1-:: :: tlus Chapter. H. Excessive Oiacharge. It ia unlawful for any user to increase ±e \!Se :: ;::-:=;;;; water or in any way attempt to dilute a diacharte as a p~..:L o:-::::=;:e:e 1ub1t1tute for adequate treatment to adueve compliance ,···'-=:· :1:-:-··-~·-·e Wl:Uta t10DI . I. Accidental Diachargea. Each UNr ,hall provide protectiot:. === ac=:ie::.:.a: dacharge of prohibited materi.ala or other 1ubatances rer..:.:a:e~ :::.e::"?:..::.. Facilitiea to prevent accidental diacharie of prolub1ted 11::1:e::-..ili .~ == pro~;ded and maintained at the user's own coat and eirpe:::..:e . I:: ±e ::ue = an accidental diacharge , it II the responsibility of the use :-:o :.=.:r.e~ :.c :::- nonfy the 9ineMP CITY and the POTW of the incident. I :· ::::.e 11;;c:::.a..~ occurs to the portion of the POTW which ultimately diac !:.ari=• :o ±e '.,:e::-: treatment plant, Metro must alao be notified immediately . T::e ::c ::.:::::a ::.:::. s hall include location of diacharte , type of waste, concent:-11 ::c n . ,·c'.-..:.=~ ::.=:.:i co rrective actions. Within live (5) days followin1 an acci de ::ca: :i:sc:::..:1..~ :::.: user shall aubmit to the 9ineMP CITY a detailed wnttet:. :-e ;c r: '.:Uc:::-.=:=.. the cause of the diacharte and the measures to be ta.ken ':,y ::::.e u..e :-:.: pre vent aimilar futun oa:urrencea. Such notification sha.l! ::ct :-ell.en :::.: ·~r of any expense , loa1, damap, or other liability wluch m ay be :nc,..:..~= :u 1. re s ult of damap to the POTW , liah k.ill.a , or any other d a =a ,~ :o ;e:--s-:=..; :r property, and 1uch UNr 1hall be liable therefor. nor 1hall sue::. ::ot:.=::l :::::. re lieve the user of a ny fine,, civil penaltie1, or other liabilit:: wi:u c::. :..1::-=~ imposed by tlu1 Chapter or other applicable law . Fallure :o :-e p or: .1=.i t ::.:.al dischariee may, in addition to any other remediea. result :.:: :=.1 re·::c:i::::: ,f the diac harpr'1 waattwater diacharse permit. If the P OTW :1 ~.~ ·:7 :.:::.• 25 4 , ~ ' . ' I. .. •. • , . , • 0 - - • ... • • (. State or Federal government for violation of the POTW's ~DES pen::.:: :>r violation of Water Quality Standards as the result of a spill or intennc ::.al slug discharge of a tone pollutant. then the fine. including all POTW .i!-p.l. sampling, analytical testing costs and any other related costs shall be charged to the responsible user. Notice to Employees . A notice shall be permanently posted on tl:.: user's bulletin board or other promment place advising employee= whom to call in the event of an accidental discharge. Employers .~ insure that all employees who may observe. cause or suffer sue!:. .:.=. accidental discharge to occur are ad,.;sed of the emergency notific:a.::.:in procedure . J . Discontinuance of Privy Vaults , Cesspools . Septic Tanks and Outhow=•- 1. Connection Required. All improvements now using privies, vaults . outside toilets, cesspools , septic tank.s. grease traps. leach fields ::- other sewage disposal facilities in the City , or hereafter in the Cir:-· shall be connected with the public sewer lines of the City or any sanitation district in the City, pro,.'lded such public sewer line ha. ·:-een brought within four hundred feet (400') of any part of such dweJJi-, :r improvement requirinc sewace disposal service, and provided that such connection shall only be required when such privies. vaults, outsilie toilets. cesspools. septic tanks, crease traps, leach fields or other sewace disposal facilities fail to function properly so that they ha~ :o be repaired so as to make them usable . 2 . Abandonment of Privies. Cesspools. Septic Tanks . All outside tot:e:.s. privies . vaults, ceBSpools, septic tanks. crease traps and leach fie:::s now existing in the City where any part of the dwelling or improve=e:it is located within four hundred feet (400') of a public sewerage lir.e :: :be City. or of a sanitation district of the City shall be abandoned ar:.c ::o longer used, in the event that any one of such items shall be overflowing, full or not functtoninc properly. so that it ha1 to be repaired. in which event the owner of such prem11es shall immed:.3.:e!y make arrancementa to connect the 1.1Dprovementa usinc such faC::::.es and such connection shall be made widun sL,:ty (60) days by owne:-3t owner's expense. 3 . The contents of privy vaults, aeptic tanks. cesapools . or outhouses witlun the limits of the City shall not be removed therefrom, nor s=.Ll the same be tranaported throuch any street. alley or public place -:r.:::un the City, except in a 1anitary manner. throuch or by means of air.:1::.t tanks. if soft and mixed with matter. and if solid or dry, in tight ~-.·e:-ed tanks in auch manner H shall prevent the escape of any noxious i1iH or offen11ve odon and preserve such contents from sicht or expo•~~ dunng clearunc. and such remo,.·al shall be kept and maintamed :.=. aanit3~' condition and ,hall be aubiect to 1n1pect1on by the Oepa.-:-::ient of Health of the County. 26 .. 'I • . .. •· • 0 - ] • • • 1 . K. New Construction. 1. Connection With City Sewer Line Required. All new cons~.:=-=-_: dwellings and improvements requiring sewer disposal se:--::ce -=-::=.e City shall connect such dwelling or improvement with the ,e-:.-;;= .=e of the City or such sanitation district. 2. Use of Temporary Toilet Facilities During Construction. D,.;:-..::.+ -:=.e construction of any dwellings and improvements. tempor:..::: :;::_:~ facilities may be used in accordance with the regulations ::· :~= Tn-County Health Department or of the State Board of Ee::.:.:.=. =:i as soon as such dwelling or improvement is connected to the;:•.:::~ sewers. such use shall be abandoned and all e\"idence of,·.;::= -= properly covered or disposed of. L. Manhole Covers . No person shall open any sewer manhole wit::.:·.;: :-=-= permission of the Btreeter ef l."eiiieie! CITY. M. Special Agreements and Contracts. No statement contained in :::.:: =-;-=:i n shall be construed as prolubiting special written agreements !:e=~:: -~e POTW and any other person allowing industrial waste of unu..·.:a:. ==-~-:h or character to be admitted to the POTW from any part or par:.s :: ,:.=:: POTW , or person or persons living outside the boundaries of t::.e ?·: ~ upon such terms and conditions and for such periods of time a.; =a:: :."' deemed reasonable. However. no such agreement with a categ:::-::::.:. :_:.-..::- shall allow standards less stringent than the applicable Natior:.a:. Categorical Pretreatment Standard. N . Prohibited Connections. It is unlawful for any person, cor;::cn::.=. :ir other business entity, either in person or through an age:::. e--:-...-ee . or contractor to make . allow or cauae to be made any con=e:::..:=. -::: the POTW for the purpose of servicing property outside the be=::=:, of the POTW. except upon recommendation of the Btreeeer _ _--_·_· __ .. CITY MA."IIAGER OR HIS/HER DESIGNEE and the app:,:v:;.: = :.= City Council. 0 . Private Wastewater Disposal. 1. Private Disposal. a . Pnor to commencement of construcuon of a pnvate wastewa:~= b . disposal system. the owner or hia acent shall first obta.1::. ""7:= permission from the Tri Ca_., Healeh CITY ::\U .. "IIAGER OP.~ ~R DESIGNEE for subm1ss1on to the Btree1&r af b"tml!iea HE.~:--=: DEP ART'.'.IE:-."T . The applicationS for the permitS required 9"' I~ Section .. :!-:!-: ; -•Jl MEET ALL FEDERAL. STATE AND LOCAL REQUIRE'.\IE~:-:--: ~ matle en• fer• hwmaheel a ... ehe Tn Ge-.a, Heallh 9epar .. ___ •:..ch ,he applieael ahall 1t11pplemea11t, •, plana . apeeiieati ... m :12...2. . :Ser iM'a1ma11en aa NI tleemefl neee-, 11, 1h1 =Frt Ce11111:, Heei1:.. e., ..... 11,. 27 . , l, ... .. I • • 0 I 2. C. • • • The owner or his agent shall operate and mamtau: :=e ;>nvate wastewater disposal faciliues at lus sole expense :i=d :.n complia:ce with all Federal, State, and local laws, rules and :1!g-..uarions. d. No statement contained in this Section shall be coi::.:;tr.1ed to inte::·ere with any additional requirements which may be u:;:osed by the ~ealth Department or Ehreeeer ef 'IJtili.eies THE CITY. e. The type. capacity, location. and layout of an indi~-:.:iual wastewa:er disposal system shall comply with all standards of :::e T .. Gem! •. Health Department. No permit shall be issued for a::;-:.ndividWL wastewater disposal system employing subsurface ,oi.i absorpcc= facilities where the area of the lot does not meet tl::.e :1!g-.llations imposed by the Health Department and in no e~-e~: ..-ii.ere the are3 of the lot is less than fifteen thousand (15,000) squa---e :eet. f. The 'Fri Ge'll11t, Health Department shall be allo"·e·::. to inspec: :::e work under this division at any stage of constru~c=: and. in any event. the applicant for the permit shall no~· the 7 .• Gell!le, HeLth Department when the work is ready for final inspe=on and before any underground portions are covered. The inspecoon ,i::.all be made .,.-,.thin forty eight (48) hoW'S of the notice by the 9ireeeer .: :·!tid'!lu CITY. exclusive of Sat\ll'days, Sundays and lepl holidays. Wutewater or Septic Tank Haulers. Wastewater or sep:.: :.anlt haulers shall not diacharp any waste within the corporate bounciar:es of the C::y except at ducharp points deailJlllted by the 9iNelM' Cl7Y :\L\.."AGER OR HIS/HER DESIGNEE . All permitted diacharps shall .:oz::pl; wtth the :er:ns of the eeptic hauler permit asreement. All violators are aw,,ect to the lepl liabilities and penalties provided in this Chapter. P . L&mlts on Metro Distnct Authority. Any authority or r:c::.. ,:-si:ted to '.\letro Distnct by this Chapter ,hall only apply to thole area• o: :he E~ewccd -er Nrvu:e area receivinc aewer service from Metro Du:::.::. Q. Industrial Permits . All 11cnificant industrial u..rs mus: :bt&Ul a wastewater contnbuuon permit. Any uaer violatinc an;-:.r:n or conchccn of the wastewater ducharp permit. can be 1ubject to eaic r:tment acuon Ht forth in Section 12-2-6 of this Chapter. R. Compliance Schedule . A compliance ac:hedule may be u:C:-:.;deci u a par: :,f the wastewater contnbuuon permit. All compliance dates. rwpor.mc reqwrements and other term, of the achedule must be ::::e : b;-the user. S . Reportmc . V1olat100 of any report1DC reqwrements of tlw C!iapter b~· a.:y u..r. mcludinc but not limited to the reqwrements of :he ..-a1tewater contnbution permit can re1ult 1.11 enforcement action be:.:J ~en under ~e proV1Bion1 of Section 12-2-6 of this Chapter. 12-2-3 : FEES AND CHARGES : A. Purpoae . It ia the purpoae of dua Section to proYlde for ±e pa~-ment of all POTW coats, includinc Utiliue1 Department coats and Depar.:nent of Wa1tewater Treatment coats. The total annual coat oi :i ;erauon and 28 ,._ ' • . ~ .. • 0 • • 0 I ]- • • 2. • • t• • c. The owner or his agent shall operate and mamt= :::.e pnvate wastewater disposal facilities at bis sole expense :=ci in complia!lce with ail Federal, State, and local laws, rules anci ~eg-.J.lations . d. No statement contained in this Section shall be co~.:r~ed to inte:-:·ere with any additional requirements which may be =;:osed by the ~ealth Department or Qireeeer ef t;ei:l:ieie! THE CITY . e . The type , capacity, location , and layout of an indi·.--:::~l 11a stewa:er disposal system shall comply with all standards oi :::.e ~~ Health Department. No permit shall be issued for :=y :ndividua.:. wastewater disposal system employing subsurface :.:iu absorpccn facilities where the area of the lot does not meet t::.= :-eg-.J.lations imposed by the Health Department and in no e,·e?:.: ·,.-i:.ere the area of the lot is less than fifteen thousand (15 ,000 ) squa..'"': :·eet. f. The Tri Ce11nt, Health Department shall be allowe::. :o inspec~ :::.e work under this division at any stage of construc::c?:.: and . in any event. the applicant for the permit shall notify the:-.. '.:_tffleJ Heilth Department when the work is ready for final inspec::on and before any underground portions are covered. The inspect1on fr.ail be made =thin forty eight (48) hours of the notice by the Qireeeer .: ·--~-e! CITY. exclusive of Saturdays, Sundays and legal holidays. Wastewater or Septic Tank Haulers. Wastewater or sep::c ::ank haule:-s shall not discharge any waste within the corporate bounciaries of the C:ty except at discharge points designated by the 9ireeteP CITY :\L\.~AGER OR HIS/HER DESIGNEE . All permitted discharges shall coc::ply with the :er:ns of the septic hauler permit agreement. All violators are sui>Ject to the legal liabilities and penalties provided in this Chapter. P . Limits on '.Vletro District Authority . Any authority or r:g::. :.i g:-anted to :\letro Diatnct by this Chapter shall only apply to those areu o: :he Englewccci sewer sel'Vlce area rece1vmg sewer service from '.Vletro Di..=~- Q. Induatnal Permits. All significant induatnal users must ~btalll a waatewater contnbuuon permit. Any user V1olanng any :e:-:c. or co ndir.on of the wastewater discharge permit. can be subiect to enio:-:e::ne::n action ,et forth in Section 12-2-6 of this Chapter. R . Compliance Schedule . A compliance schedule may be mc.'.·~ded as a par: of the wastewater contnbut1on permit. All compliance date.. repor=g requirements and other terms of the schedule must be ::e: by the user . S . Reporting . Violation of any reporting requirements of thu Chapter by aI:y user, including but not limited to the requirements of :he -:.·asawater contribution permit can result in enforcement action be:=i :a.ken under ~e provisions of Section 12-2 -6 of this Chapter . 12-2-3 : FEES AND CHARGES : A. Purpose. It 11 the purpose of this Section to proVlde for :::e payment of all POTW coats . including Utilities Department coats and Depar::nent of Waatewater Treatment coats . The total annual coat of ~i:eranon and 28 ,. - • ' , ~ .. D •· • 0 I ]- B. • • • ,, maintenance shall include . but need not be limited to. labor. repairs. equipment replacement, maintenance. necesaary modifications. power. sampling, laboratory testing and a reasonable contingency fund. The cha..~es will be based upon the quality and quantity of user's wastewater, and ~:; upon the Department of Utilities and Department of Wastewater Trea=~t capital and operating costs to intercept, treat, and dispose of wastewate::- The applicable charges shall be as set forth herein. General. There is hereby levied and charged on each lot , parcel of land ~ premises served by or having sewer connection with the sanit&:· sewer oi =e City or otherwise discharging sanitary sewace , industrial wastes or othe::- liquids, either directly or indirectly, into the City sanitary sewer system a=. annual service charge which shall be computed and payable as follows : 1. The charge for sewage treatment shall be based on the gallonage oi water delivered to the premises during the appropriate wate?' mete::- reading period falling between November l and April 30 . This gallonage converted to an annual equivalent and multiplied by the annual rate per one thousand (l.000) gallons provides the annual treatment charge. 2 . A charge for sewer collection system maintenance shall be establis~~ annually by action of the City Council where premises are ser.·ed by -::ie City collection system. Where the City does not own and maintain ~ collection system. the City will collect charges for maintenance of sa=e only when authorized by the terms of contract between the City ar.c:. the sanitation district. 3 . Where water usage information is not available , sewage ser."ice charges shall be computed using the current rate per one thousanci (1 ,000) gallons and based on the following normal usage by class. '.!:= follows : 2 3 12 Months Months '.\lonths a. Sincle-family dwellincs 14 21 83 b . Multi-family dwellinc units 9 13 52 c. Mobile home units 5 8 52 d. Commercial (by meter 1ize/capacity) ''• inch 19 29 116 ,,. inch 29 44 lj6 l inch 49 73 29 2 l'/1 inches 97 146 584 2 inches 156 234 936 3 inches 311 46j 1.868 4 inches 48 7 730 2 .920 6 inches 973 1,460 5 .840 Normal usace by clu1 will be checked by tabulation and averacinc at le :l!S~ every five (5) yean to detect and adjust for chance • in pattern.I of water uaap . 29 ' I • . .. ~ • • 0 I ..., I ]- ] • • • • <. 4. The minimum charge per year for sewage treatment service . by customer class, shall be a percentage of flat rate charp. tlus amount representing the fixed portion of operation and maintenance (0 & :\{) costs . 5. Outside City cuatomen will be charpd one hundred five percent (105%) of the amount charpd inside City cuatomen for similar service to compensate for additional infiltration &om the !oncer interceptor lines. Thia factor has been included in the flat rate and mulimum rate tables in subaection 88 below . 6 . Charges for service to cuatomen inaide the City limits shall be billed in quarter-annual installments in advance. Charges for sewer only service outside the City may, at the di.acretion of the 9ireeeer e(Fmaneial Ber,,ieee CITY MA..'llAGER OR HIS/HER DESIGNEE . be billed annually where this would not conflict with lpecial proviaions of a connector's agreement. All bills are due and payable aa of the billing date and become delinquent thirty (30) days after the billing date . 7. User charges shall be reviewed annually and revised periodically to reflect actual treatment worka O & M coats . 8. The followinc ratea shall become etfective upon pasaare of this Ordinance : Rate Schedule: Rate Per 1,000 Gallons Sewace Treatment Cb.up .8374 Collection System Cb.up .1114 TOTAL .9488 SCW:DW • .EI SCW:Dlll.E II SCHEDI.il.E III SCHEDI-J.E IY Io City ID City Ouuide City Ouuide City Customer City Sewers District Sewen District Sewers District Sewers J:lua Billed 9uaacdx Billed Quen,rlx Billed :\onuellx BilJest Quen,dx Flat Flat Flat Flat iaa ~ 1l$ Arlia. 1l$ Arlia. lwa ~ Sincl•· fam . dwc . 19 .95 18 .15 17 .60 16.00 73 .80 67 .20 18.45 16.80 Mulu-fam . unit 12 .35 11 .25 10 .90 9 .90 45 .80 41 .60 11 .45 10.40 Mobile home 7.60 6.90 6 .i O 6 .10 28 .20 25 .60 7 .05 6 .40 Com .& Ind. (by meter size) ., .. 27 .50 25 .05 24 .30 22 .10 102.00 92.80 25.50 23 .20 ,, .. 41 .75 38 .00 36.15 33 .55 154.80 140.80 38.iO 35 .20 1 • 69 .25 63 .00 61.15 55.66 266 .80 233 .IO 14.20 58.40 1•12· 138.50 126 .05 122 .25 111 .25 513.60 467 .20 121.40 116.IO 30 ____. .... '' 6' -• ' I • . .. • • 0 , I • • • 2" 222.00 202.05 195 .95 178.30 823 .00 749 .00 205 .i5 187.25 3" 443 .10 403.20 391.10 355.85 o.;2.40 1494.SO 410.60 373.7 0 4" 692.60 630.30 611.30 556 .30 567.40 2336.40 641.85 584.10 6" 1385.25 1260.60 1222.60 1112.55 135 .00 4672.SO 1283 .i5 1168.20 8" 2201.10 2003.00 1936.95 1762.60 159.75 7425.35 2039.90 10· 3164.10 2879.35 2784.45 2533.80 729. 70 1067 4.00 2932 .-10 Minimum charges both inside and outside tl:.: City are oinety-,:ine percent (91%) flat rate charge for the customer class :::·:oh ·ed C. Special Cases : l. Schools operating on a nine (9) month ,-:::.ooi :,:ear 3hall ::e billed seventy-siic percent (76%) of the charge.;; -x ::.:c:i would nor:nally accrue for similar usage by a residential custo=::-. 2. Industries. car washes and other estal::.:.;=..=ents where summer irrigation water is not significant or w:::::-e .;;easonal busmess fluctuations are more significant than :...-:-:i:a!.t:on usage .;;;:all be billed based on annual rather than winter pe::-:::.c -..·ater usage . 1856.35 2668.55 3 . Customers with delivery flow characte:-...;:::;; ;;1gnificantiy different from those of a single-family dwelling shall ;: ::.:: = additionai :-eadiness to serve fee based on the following formuh : R-V ( 91 x NW} where : 365 R .91 NW 365 V = = = = = Annual delivery flow rate c~:a1.c:eristics ch3-""ge Readiness to serve portion :: 0 &: ::\1 costs Customer's annual nonwor:.::..::~ :ia:,:s Number of days in calenda::-y e3.!' Annual volume charge for .,,,. ::..:::water trea=ent 4 . Other Cases: Where the procedures al:c-:: re ::iot applicable. or when application of same would work an ob~--=~ and aigniticant injustice to the customer, a rate shall be establish:~:::,: :he 9tft-. CITY MANAGER OR HIS/HER DESIGNEE ·:a..e:i on reason.a:ile estimates of projected flow . D . If any water or wastes are discharged, or are ;:::--::;:c sed to be disc:iarged to the public sewers, which waters contain the subst;;.=.:e;; or possess :he characteristics enumerated m subsection 12 -2-:3 3.:,ove and . m :he judgment of the Qileeeer 11H.l emliea CITY MANAGER OP. =-=5 -HER DES1G~"EE. may have a deleterious effect upon the sewage war~. ;:::-'.l cesses . eq~;:,ment or receiving waters , or which otherwise create a ::::..::a::-:i to life or ~nstitute a public nuisance , the 9ireeteP CITY MAJ.'iAGEP. : ?.. ~IS/HER DESIG~"EE shall also charge the following fees and take such ec.:·:::-:e::ient action :n accordance with Section 12-2-6 of this Chapter as the Qir _ .. __ CITY :\U .. "l"AGER OR HIS/HER DESIGNEE deems adV1sable . 31 . ' .. •· • 0 f _ _ I - • • • I~ • ' ~. Require payment to cover the added cost surcharge of ha!idling and treating the wastes considered as "industrial wastes", by imposi.::g the following formula: SC SC Q 8 .34 UCo (i) (ii) AOD COD BOD, UCa ss 200 300 500 Q x 8.34 (ljCo (AOD) + UCs (SS 300)] annual surchUJe in dollars and cents volume of sewase discbarsed to the public sewer m million sallons per year conversion factor : l sallon of water to pounds u111t charse for AOD in dollars per pound uc.Jlll IS less than 3.0. then AOD=(BOD, · 200 ms/I) BOD, Ifc.Jlll is greater than 3 .0 . then A0D=(COD-5ll0 ms/I) BOD, Additional Oxysen Demand strensth mde:< in ::nill.igrama per liter Chemical oxflen demand strensth mdex in milligrams per l.iter 5 day b1ochem1cal oxflen demand streneth uuiex in milligrams per liter unit charp for SS in dollan per pound ($0.032-&) suspended solids strensth indeit 111 milligrams per liter normal BOD, strencth 111 milligrams per liter normal SS strensth in milligrams per liter normal COD strensth in milligrams per liter The application of the above formula provides for a surcllarse £or BOD , COD and for SS . If the strength index of BOD , COD or SS is less than the ba1e number that is being subtracted &om it, then there shall be no surcharJe for that particular category , nor shall there be a credit give:1 to the total eurcharge . E . Induetrial Coat Recovery (ICR}: 1. Induetnes affected shall be thoee identified 111 the Standard Industrial Classification Manual. (SICM} 1972 as reviled. diviaione A thro1.11h I. with the specific exception ofthoee industries which diacharp only nonprocess. secregated domestic wastes or wastes &om unitary conveniences . Affected industries will be claaaified as follows : a . Significant industrial users shall be morutored to determine strength levels . Thi.a shall be accomplished accordinr to a pretreatment program established by the 9it eeeer er 1:Jlili•ea CITY and approved by the E>iteeter 11f ll'aate11a1er Trea•eiu CITY MANAGER OR HIS/HER DESIG~"EE . The raaulta of sampling and analy111 will be recorded in the utilities office , reported to the affected industry and reported to rerulatory agenoes per this current direct1,·e . 32 • II~ . { .. ., • • -• t I'" • I• • <. b . Payment rates shall be computed for ICR customers based on the following basic capital costs of the Bi-City plant: Q (Volume): S460.12/l,OOO gallon day of capacity BOD : 30 .47/pound day of capacity SS : 35 .04/pound day of capacity 2 . Specific individual rates will be calculated based on the volume strength and rate of flow in accordance with current Federal gwcielines. Adjustments to individual rates will be made annually or :ore frequently , whenever evidence is received that a major C!lal:fe in wastewater volume and/or characteristics has oc::W"!'ed. Pay::ient will commence within one year of the date of initianon of ie:-::ce through the Bi-City plant. F . Restoration Of Service: Sewer service shall not be restored unt:l all cb.ari=•· including the expense of termination and charge for restoration of ,e:-:ice. ::.ave been paid. G. Collection Procedures: 1. Charges Responsibility Of Owner: All fees and charges ihall be chargeable against and payable to the owner of the pn::uses ncei-:-.=i sewer service. 2. Periodic Bill.i.ng Statements: a. The City shall cause billings for wastewater treat:ne::lt a!lc.!o:: water charges to be rendered periodically at rates establishe,:... b . Billings for charges and any other notices •hall be eff'e=,·e u:,:-:::. mailing said billing or notice to the lut known acicireu oi the ·.aer u shown on City records . c. The service chartes provided in tlua Chapter aha.! be ":>tiled a=i paid in full wttlun tlurty (30) days from date ofbillin1. :-.:o p~_al payments shall be accepted. d . If sewer rates are chan1ed or users institute or te:-::i:u=ate se:-:::e other than on established billin1 dates . the bill ihall ":>e pron-:ed. H . Delinquency And Collecuon: 1. Fees and char1ea levied lJ1 accordance with dua Chapte:-shail be ;ia:.:i w1dun tlurty (30) daya from the date ofbi..11.in& to the Cit;:. I: :he bill :.snot paid widun ninety (90) daya after billin1, it ,hall be dee:ned :ielincr~e:it, whereupon a twenty-five percent (25%) aurcharp may l:e im;:oaed :·c:- collection aervu:ea . 2 . Nonpayment . All Mwer chartea and 1urcharp1, incluch:l1. but not ~ted to. collecnon charpa, pretreatment charte•, mo111tonn1 :haryH. 1b.a.: be a lien upon the property to wluch Mwen an conrwcted :roe :he da:4t aaid 33 IJI- ' . 'I • . .., •· • 0 , • • • charges become due until said charges are paid. The owner of e,·e:;· structure or prem1Ses shall be liable for all sewer charges for use:-s ,J n his premises. wluch lien of liability may be enforced by the City by ac::::in at law to enforce the lien . In case the tenant in possession of any pre:::.ises shall pay the sewer charges. it shall relieve the landowner from ,\;c;:. obligations and lien. but the City shall not be required to seek pa,=ent from any person whomsoever other than the owner for the pa~·me::: JI sewer charges . No change of ownership or occupation shall aff'ec: ±e application of tlus subsection. and the failure of any owner to disc-::ve:- that he purchased property against which a lien for sewer serv1ce ~=ta shall m no way affect his liability for such payment in full . Said delinquent payments. and the lien created thereby, shall be enfor::e!: by assessment upon the property and premises so served and certitc:i:::n thereof to the County Treasurer for the collection under and in pu.'"S=ce as provtded form tlus Code . 3. In the event that any sewer charges or surcharges. including, but ::ct limited to, collection charges. pretreatment charges. monitoring c;:a:5es or sewer tap fees . must be certified to a county for collection as a delinquent account, a fee equal to double the amount owed shall ::e certified and collected . I. Disconnection Clause. 1. The City may disconnect within the City or contract areas served ::y :he City for accounts delinquent more than ninety (90) days . Notice sc.all be given to last known address of user or owner thirty (30) days prior ::o disconnection. All costs of disconnection shall be repaid at the time oi reconnection. 2 . When the premises to wluch such service is provided are located w::=.out the limits of the City , failure to pay the rates and chartes for trea=ent and disposal of sarutary sewage when due shall be cause for the C:::;- Clerk to certify to the county commissioners of the county in wlucil ,illd delinquent user's property is located the charges due and unpaid. e n or before November 1 of each year, and thereupon and until paid. the .ame shall be a lien upon the real property so served by said sewerage ,ystem and shall be levied. certified. received or collected by sale annually ::-om year to year by the proper county officials as are general taXes , ana ::ie proceeds therefrom remitted to the City of Englewood: provided. that if the premises are supplied with City water services. such service may be shut off until such rates and charges for treatment and disposal oi sanitary sewage shall have been paid. 12-2--l : PRIVATE SEWERS. CO'.',i'NECTIONS AND REPAIRS : A. a. Buildings to Have Separate Connections . Each buildinr shall be served. ':y ita own sewer se rvice line . and no connection shall be made by extendinr :he service from one property to another property . Each separate buildinr :n a planned urut development shall have a separate aewer service line . Old Pnvate Sewers. Old private sewers may be uaed in conneetlon wuh new buildinrs only when they are found to meet all requirementa herein and solely at the ris k of the user: otherwise, old private sewers ,hall be plurpd 34 ,,,_ 'I 0 • • • 0 , -• • • .. at the user's expense upon discontinuance of service . T'.:.: plu~ ..::. :be old private sewer must be inspected and approved and a p~ re•.-_,..,.. and inspection fee will be charged by the City . C. Design and Construction. The size. slope, alignment . az::i mac.:~....a.i.3 of construction of a private sewer, and the methods to be -~~d u:. ::tc:i,·atmg. placing of pipe , jointing, testing. and backfilling the tre::.:h anc. ~ other ...-:=-it shall conform to the requirements of the Building and P: :mib~ C .:ide or other applicable codes, laws, rules and regulations of F :~erai :::a:.e. anc:. local entities. D. Pnvace Sewer Elevation. In all structures where the ele·:arior. ..... :.:;o ,o,., :;: permit gravity flow to the public sewer, sanitary sewage :iisc::~~= :rem .~ structure shall be lifted and discharged to the sewer by 3. Cit:; :..::.i Tn-County Health Department approved facility which ,hall ::-': J:;:e?'ated :t=.:i maintained by the user. E. Installation and ::\llaintenance. All costs and expenses i.:::ide~:..;... :o :he installation and connection of the private sewer shall be :,ome :y :he applicant who shall retain or employ a licensed sewer ~::.trac::-~:-::::-;ilum=-== to make connection to and install a sewer. The service line from the public sewer main line to the .:=uct~= :.;; be ,e!""C:-i shall be installed by the property owner at his/her expe::.se . T'.:..: -"'?le?' sU:: hold the City harmless for any loss or damage that may :ii.rec-.i-:<" =r :nciirec-..:.: be occasioned by the installation of the se!"Vlce line or tl:.: mal=-=c-.::on of a=: old private sewer. The owner of any property connecting to the POTW sha.:: be res;ic::.sibie ic::- the maintenance of the service line from the public sewer to tl:.e ,:::--.1c:ure :;: be served. The owner shall keep the service line for wh.i.:= heis.:i: :..;; responsible in good condition and shall replace at his/her expe:=.se 1r.y portions thereof which, in the opinion of the Ehreeter ef ·_· ~H~-::n· MAXAGER OR HIS/HER DESIGNEE. have become da=aged :r dismtegrated as to be unfit for further uae, or is in sucb. ;ondi::.:i::. :o per:.:: infiltration into the system. All repairs shall be complete:i wit= ::::ur:y (SC days after notification and shall be completed by a bonc:.:d coc:=::.c:cr. The owner shall be responsible for returning the public righ: :if wa:r J..::.:i :::.e street to acceptable City standards. F . Oil And Grease Interceptor Installation: 1. Grease Interceptor Installation Criteria: Grease t?".lp inc ::_:-:e:;:tcrs ~ reqwred for all facilities used and operated rerula:-:y for :.:ie ,aie oi prepared food . includinr but not limited to resta~'"3Ilta . :::.:es . :an :c,:,i outleta, pizza outlets. delicateHena, sandwich sk::;is ar.~ 3..::.:.-and a:: other kinds and types of food vendinr establishme=ta u: ...r::::::. iny ::,:id preparation (includin( heatinc or defrostin& in or ·:y me~ Ji an~· 'c-~ of oven or heaung device) takea place on the pretr.:H&. • :.e:::e?' ,r r.c: such facilities are located in a aeparate buildin( or ,true:-~~ ,r ,;c::u:;:::- ipace in a buildinr or 1tructure that is occupied by other =iau:eues. u well u schools . churchea, boardiJl( houses with ~:=mu-< • ct.c::.e:i facilities, nuninr home,, and day care centers wk::ch ha·~ ;.::c::.e:a i=.d enrare in the preparation of food. In addiuon, me...: cut=i :aclltiH 35 • . ... • • • 0 • • • • and others capable of discharging significant amounts of grease :.=to the POTW shall be required to UlStall grease interceptors. ~ e.reeptien Jhail l,e these faemHe! g'!'Mlte!i a , etrianee 11, the J;)i:p ___ er ef U~titties ,nth th.e appre,al sf dse ll/a,er Mui Se eeer Beard. Grea_...e interceptors shall not be required for private residences or dwel.E=.gs unless there are commercial uses within the dwellings that gene=te amounts of grease beyond that generated by a residential dwe;l'-g. 2. VARIANCES : EXCEPTIONS ~L\Y BE ~lADE BY THE CITY MANAGER OR HIS/HER DESIGNEE BY GR..\J.'ITING A WRI I':.:.~ VARIAN CE . THE WATER ..\XD SE\VER BOARD SHALL HA\='. AUTHORITY TO OVERRIDE .li...'<-Y DECISION MADE BY THE CITY MANAGER OR HIS/HER DESIGl';'EE IX THIS CASE . la-. 3. Grease Interceptor Sizing Criteria: The Qi:reeee1 efU!tltt!e11 CIT: shall promulgate rules, regulations and criteria for grease interceptor .:zing. 3-. 4. Inspection Of Grease Interceptors: The Bn:eeeer ef Uemt!ea CIT':- MANAGER OR HIS/HER DESIGNEE shall establish an inspec-::.:n program for grease interceptors. The Qi:reeeer ,f Eemt!es CITY s:::..all develop rules and regulations to inventory all grease interceptors and document the inspections of these interceptors. +. 5. Grease Interceptor Pumping Schedules: ..\ll users connected to g:-esse interceptors will be required to pump out their interceptors at ~:ervals determined in rules, regulations and criteria promulgated by the Qi:reeeer efb"emeies CITY. 6-. 6. Biological Treatment: Biological treatment shall not be a substi:-..i.te for the pumping of the grease interceptor. &. 7. Existing SoW"Ces Not Connected To Grease Interceptors : Existin~ sources not connected to grease 111terceptors and which contribu:e sicnificant amounts shall be identified through inspection of the collection systems . Once these 30urces are identified, they will i::e required to implement best management practices (BMP's) to ke-ep oil and grease out of the POTW . The Bi:ree.a1 ef l"emt!es CITY shL: promulgate rules, regulations and cnteria for BMP's . If the BMP's are not successful at the facility and the facility con:::.nues to contnbute significant amounts of oil and grease to the sanita:: sewer, as documented by field 111.1pecnons . then the facility will~ requl.l'ed to install an adequate ly sized grease interceptor. ;._ 8. Right Of Entry: Whenever it is nece s sary to make an inspection :o enforce any provunons of this Section. or .,,-henever the 9ireel8fo CITY MANAGER or his/her desicnee believes that there exiata in any premises subiect to thla Secuon any condition or violation with :-ecard to the uae and maintenance of oil and rreaae interceptors, the 9tftelef' Qf b"ttn11u CITY M,UI/AGER or hia,ber desicnee may enter 1u6 premiaes to inapect the same provided that he/1he ,hall tint preaent proper credentiala and request and be sranted entry, or otherwae have srounda for a search warrant exception aa may be authorized by law . If reque1ted entry be refuaed. the 9aneter ,f b"lliiliaa CITY MA.'liAGER or 36 D ' . •, ,; •· , . ' • • • • • '· • his/her designee shall have recourse to every remedy prmnde:: =-:-...zv ::.;i secure entry, including, an issuance of an admln.lstranve war:-~ =-== the Municipal Court or, from the District Court of the State o:' ::-:.....=:io having jurisdiction. G . Permit Required : Before commencement of construcnon of a pri,·atc ;.,e-;-~-; disposal system. the owner shall first obtain a wntte::i permit s1g:::·:. • == Bireeier efUemeies CITY '.\L\..'-:AGER OR HIS/HER DESIGNEE . H . Connection Requirement: 1. The applicant for the pnvate sewer permit shall 11oti.fy the 91:,---=,.....~ ~ CITY when the private sewer 1s ready for inspecnoc. ~ connection to the public sewer. The applicant must have sec::..~:. ~ permit and have met all City requirements. The co nnections~ -~ made under the supervision of the Biree.er ef :.: . · .. e!l er h,._.· repreeeneae11e CITY '.\L.\..\iAGER OR HIS/HER DESIG:-iEE . 2. The owner of any structure used for human occupa::icy. emplc ;-:=..= •• activity , situate within the City, may be reqwretl at such ow:::.::-:; expense to connect such structure to a public sewer. if such a;·~ sewer is within four hundred feet (400') of the property line oi == property upon which the structure is located. Suc:i connectioc. ,.-= -Y: made within ninety (90) days after notice from the ~ C~ .:: served on the owner of the property affected: pro,,ded. howe,·e!:" = :..:::: the event compliance with this subsection causes se,·ere ecoc.c=-: hardship to said person. he/she may apply to the Ci ty for en-:--= from this subsection. Such applications shall state in detail :::: circumstances which are claimed to cause such economic har~ Such exemptions shall only be granted to reside::.nal users. s'-, -= apply to other users. and shall be granted only for such time 1: -~ demonstrated hardship exists. Service shall be considered complete upon deliver:: of the none'= -= = owner of the property or by poating a copy of the :ictice on the ;::-:-:: ~ in question in a conspicuous place and by mailing 3 copy of s~=-=... -:.=e. registered mail. to the record owner of the property as disclose-: -=-=. 3: the address shown in the current records of the . .\rapahoe Co=- Assessor . 3 . If a public sewer is not u ·ailable w1thm four hur.ci:-ed feet (4(( ---.. property line of the property upon wluch a house or bwldmg :..: ..: =s::.. a private sewage d1&p osal system constructed 10 3c:ordance ...-= applicable regulation s of the Health Departme::.: on.all be uc ··-,.:. dispose of sewage . 4 . In cases where a public sewer waa not pre-'lous y available w:= =:.;: hundred feet (400') of the property line of a prope:-:y but a pt;:_ i"!"T~:- later becomes available within such distance . the :i wner may ;,, reqwred to connect with the public sewer as pro,-:<ied 111 subse,--~ above . In such event. after the connection 18 compieted, the p.. --= sewage dispoaal syatem shall be emptied. cleac.e=. and filled -r-__-: ;;~d or dirt . 37 . , • . • • 0 , - • • • • • <, 5. It shall be unlawful for any person to deposit or discharge . or to cause to be depoe1ted or diacharced. to any wastewater collection facilities any sohd or liqwd waste unless through a connection approved by the City. I. Damace To POTW : Any person who maliaously, willfully, or negligently breaks . damaces. destroye, uncovers , defaces. or tampers with any nructure. appurtenance or eqwpment wluch ia part of the POTW ahall be 3ubject to 1uch actlon and penalty u proVlded in Section 12-2-6 of this Chapter. J . Septic Waste Fees And Cbarces: The wutewater or septic tank waste hauler permit fee shall be one hundred dollars ($100.00). User charge for diapoaal of hauled wutewater or septage shall be six cents (S0.06) per gallon. 12-2-5: INDUSTRL.\L WASTEWATER DISCHARGE PER.\UTS : A. Wastewater Discharger. 1. There shall be no discharge of wastewater into the POTW, or in any area under the jurisdiction of said POTW, without a wastewater discharge permit (except as authorized by the 9ireetM-CITY MANAGER OR HIS/HER DESIGNEE in accordance with the provisions hereof). 2. Permit Issuance. The 9isoeeteP CITY MA.'iAGER OR HIS/HER DESIGNEE shall issue a wastewater discharge permit to the applicant if he finde that all of the following conditions are met: a . Application for permits shall be made upon written forms prepared by the 9isoeeteP CITY MA. 'iAGER OR HIS/HER DESIGNEE and shall contain, in addition to other items: (1) Name and address of user. (2) Name and address of corporate agents for service if the applicant ie a corporation. (3) Pnnted name, signatures. date of birth. and position of person •icnin1 the permit for the uaer. (4) Not later than three (3) business days, the user will notify the 9treelllP CITY MANAGER OR HIS/HER DESIG::-."'EE of the identity and addreu of chanps Ill the corporate arent for service for corporationa. (5) Not later than three (3) busine11 days, uaen are required to notify the 9iNeleP CITY M..\.'lAGER OR HIS/HER DESIGNEE of chaqea in the identity. addreH . data of birth, and poeition when the position of the user 1isnatory to the permit ia chanpd, and not later than two (2) Wfflu from such chanp the permit will be chanpd by an addendum to reaect the new 1isnatory. 38 . ' •, • ., • • 0 I I ]- - • .. • •• .. b. The proposed new discharge is in compliance with t h e prohibitions and lim itations of Sections 12-2-2 and l:!-2 · 7 c : -=.: Chapter; c . The proposed new discharge would permit the normal a.:::.ci efficient operation of the wastewater treatment 5yste:::,,: a.:::.c. d . The proposed new discharge would not result in a vio iacon ':: the City or the :Metro District of the terms and condit:m:.s :.r. :-== NPDES permit. e . Existing discharges may be permitted providing they ::iee~ a:.:. requirements of subsections A2a . A2b. A2c and A.2:i J I :::us Section. or providing a compliance schedule be 1ssuec. :·c = or:-::--: the discharge into compliance with subsections .Ua .. .\2:: .. .1...;!.: and A2d of this Section . 3 . Permit Denial and Appeal. a . Failure of any applicant to provide the information =e,;;:;::e~ .=. this subsect1on A will result m the permit being de:i;e~. b . In the event an application for a wastewater dischuse ;:e= ..: denied, the ~ CITY :M..\.'lAGER OR HIS/HER !)E~I G~~ shall notify the applicant in writing of such denial. S1.:c::: notification shall state the grounds for denial with t ::a: :ie~ ::: specificity which will inform the applicant of the mu5i;:es ~r actions which must be taken by the applicant prior :c i ,=.;pa-..-:. ......: a permit. c. Upon receipt of notification of denial of a permit app iiC3~or.. == applicant may request and shall be cranted a hear..:::.g:.: ::e · .... ~ by the 9ireeteP CITY MANAGER OR HIS/HER DES I G~"'EE .. -e..: such hearing the applicant shall have the burden oi est acw·-·-: that the conditions set out in this Chapter have bee:: :e~ a:..:. that a permit should be issued. The heanng shall be ::ie :c. 111,:= thirty (30) days of the applicant's request but may be :one=·.::=. upon a showing of good cause to do so by either the C:r:: or:;::.: applicant. d . Upon review of the evidence by the 9ifteteP CITY '.\L.\.'=AGE:.. . -· HIS/HER DESIGNEE. he shall~ make findir.g s oi :ac-:: =..= issue 811 order directmg that a waatewater discharge ;,e !':Il:: :~ iaaued. or directing that such permit s hall not be issueci. or ~ s uch other or further orders &lld directives as are ne ce u ar, =-=. appropriate . 39 ' .. , ' .. •. .. • , • 0 I • .. • • B . Sewer Tap Permits. 1. A sewer tap permit for a single-family , multi-family, residential. and/or commercial user shall remain in effect until terminated by the City. 2. All users proposing to connect to the wastewater system shall obtain a construction permit before connection to and/or discharging to the sysU!m . Users shall complete and file with the Btreeter efl:Jttii!!e!! CITY MANAGER OR HIS/HER DESIGNEE an application in the form prescribed by the Divisions and accompanied by a fee as set forth in Schedule B. In support of the application, the user shall submit. in Wllts and terms appropriate for evaluation, the following information: a. Name , address, location of discharge (if different from the address). b. SIC number according to the Standard Industrial Classificaoon Manual, Bureau of the Budget. 1972, as amended. c. Time (s) and duration of discharge . d. Site plans, floor plans, mechanical and plumbinc plans and details to show all sewers, connections, and appurtenances by size, location and elevation. If deemed nece811al'Y by the City , such pl.am shall provide for separate systems for handling sanitary and industrial wastewater. Nonresidential buildinp may be required to have installed a sewer sampling manhole for City access to it. wastewater beinc dischar(ed to be installed per City engineerinf requirements. e. Description of activities. facilities and plant processes on the premiaes, includinf all materiala which are or could be dilchart!!d. f. Each product produced by type , amount, and rate ofproducnon. ,. Number and type of employees and hours of work . h . Any other information deemed by the Dtreeter ef l"ett!tiea CITY MANAGER OR HIS/HER DESIGNEE to be necess&1;· to evaluate the permit application. C . Industrial Permits. 1. The 9ireeter CITY shall require a si.inifjcant industrial \lier to obtai:l an industrial permit. Proposed new si(nificant industrial users 1hall apply at least ninety (90) days prior to connectllll to or contributinr to the POTW . Users shall complete and tile with the 9ll'eeteP CITY an application in the form preacnbed by the Department and accompanied by a fee as may be required. containinc information. in addition to that required for a reneral permit, 10 unita and term1 appropriate for evaluation. aa follow1 : a . Waatewater Quant1ty and Quality . Quality charactenatica I.Delude, but are not limitad to. thoee mentioned in Sacuon 12-2-7 o( tlw 40 . , • . '· .. .I • • 0 , I - ]- • • • ~ ... • C• . • ' Chapter as determined by a reliable analyncal laboratory: sampling and analysis shall be performed in accordance w1:-=. procedures established by the EPA pursuant to section 304-~ or" the Act and contained in 40 CFR. part 136 . as amended. b. Average daily and thirty (30) minute peak wastewater flow :-zi:e;;. including daily, monthly and seasonal var.arions, if any. C. Where known, the quantity and specific nature of any poll~=u .= the discharge wluch are limited by any pretreatment stanciz::-~. and a statement regarding whether or not the pretreatme?:.: standards are being met on a consistent basis, and. if not. -v :ie~ additional operation and maintenance andlor additional pretreatment 1s required for the user to meet applicable pretreatment standards. d . Written description and diagram of e:risnng pretreatment equipment. if any , including, but not limited to , treatment processes, treatment tank dimensions and retention nme. :~=..:.c:a_ supplies. operating personnel and certificat;on. and plumb~ diagram of treatment system. e . Compliance Schedule. If additional pretreat:nent and/or O .& 2',l -:v-=1· be required to meet the pretreatment standards. the sched·~ ::y which the user will provide such additional pretreatment. T.= completion date in this schedule shall not be later than the compliance date established for the application pretreatme= requirements. The following conditions shall apply to tlus ,=ed·~ f. (1) The schedule shall contain increments of progress in :::..: fc= of dates for the commencement and completion of ma:c= events leading to the conatruct1on and operation of ac=:ici:::..:i...: pretreatment required for the user to meet the applic=i.=-ie pretreatment requirements . (2) No increment referred to in subsecuon Cle shall excee·~ =e (9) months . Any other information deemed by the ~ CITY :\-L~'-=A ,::==R. : ?. HIS/HER DESIGNEE to be necessary to e,·aluate the pen:c.:.:: application . 2 . Permit Modifications. Upon enactment of an ~CPS and w1dun tl:.e =e prescribed thereby. the industnal permit of users subJect to sucl:. standards shall be revtsed to require compliance therewtth. \Vbe~ !I user. 1ubject to an ~CPS . has not previously submitted an apphc:i.:ic:::. for a permit. the user shall apply for a permit "'·tthin thirty (30) .i.i;·s after notice of the enactment of the applicable :--:CPS . The user ..-.= a::. exilting waatewater discharge permit 1hall submit to the ~ '.:'I:-": MANAGER OR HIS/HER DESIGNEE within thirty (30) days afte:-sue::. notice, the 1nformat1on required pursuant to tha sul>Mction . The ::e~ and conditions of the permit ,hall be 1ubject to modification by t::..t- ~ CITY MANAGER OR HIS/HER DESIG~"EE durinc the ta:.-::i :i the permit as lim1tationa or requirements are modified or other j ~ 41 ,. - ' . ' • ' ,, .. I· • 0 I • • t• -., cause exists as determined by the BireeteP CITY ),L.\..\iAGER OR HIS/HER DESIGNEE . Any changes or new conditions in the permit ;;hall include a reasonable time schedule for compliance . as determined by the 9ireeter CITY MANAGER OR HIS/HER DESIGNEE . In the event the discharge permit previously granted shall be matenally and substantially changed as determined by the BireeteP CITY MANAGER OR HIS/HER DESIGNEE . the person previously granted such permit shall make a new application to the City, in the ;;ame manner and :orm as originally made . 3 . Permit Conditions. Permits shall be expressly subject to all provisions of this Chapter and all other applicable regulations. user charges and :ees established by the City. Permits may contain, but are not limited to. the following : a . The unit charge or schedule of user charges and fees for the wastewater to be discharged to the system . b. Limits on the average and maximum mass and/or concentration oi wastewater constituents and characteristics. c. Limits on average and maximum rate and time of discharge or requirements for tlow regulations and equalizations. d . Requirements for installation and maintenance of inspection and sampling facilities . e . Specifications for monitoring programs which may include samplinc locations. frequency of sampling, number. types and standards for tests and reportin1 schedule . f. Compliance Schedules and Reporting Requirements. Not later -±an fourteen (14 ) day, following each date in the schedule and the ::"al date for compliance, the user shall submit a factual procre•• report to the ~ CITY includins as a minimum . whether or not ±.e user complied with the increment of prosress to be met on 1uc:i date . I · Reqwrements for submiuion of technical reports or discharge reports . h . I . j . Reqwrements for maintauun1 and retairun1 plant reconil rela=1 to wastewater discharte Bl specified by the City and afl'ordin1 Cit;· access thereto. Requirements for notification of the City of any new introduct1oc. oi wastewater constituents or any 1ub1tantial chanp in the volw::e or character of the wa1tewater con1tituents bein1 introduced into the wa1tewater treatment ayatem . Daily averase and dally maximum discharp ratH, or other appropriate conditlona . when 1ub1tance1 1ub1ect to limitation and prolub1t1on are propoeed or preaent in the UHr'1 wutewater discharp . 42 II ~ . ' ' • • \ •· • 0 I I • • • '· k. Requirements for Notification of Slug Discharges. Evaluat:. a: :east once every two (2) years, whether each such 3ignificant inc·~~...al user needs a plan to control slug discharges. A slug discha..-ge :...; any non-routine . episodic nature , including, but not limite-:. :c . = accidental spill or a non-customary batch discharge . The !"':s~:.: of such activities shall be available to the approval authon.;.-:i;:.:-:: request. If the POTW decides that a slug control plan is .c.eece:.. the plan shall contain. at a minimum , the following eleme::u : (1) Description of discharge practices , including non-rou=e ·:.atch discharges ; (2) Description of stored chemicals ; (3) Procedures for immediately notifyuig the POTW of::·.;; discharges, including any discharge that would viola :.e .;. prolubition under 40 CFR -l03 .5(B). with procedure: :-;;-:: follow-up wntten notification within five (5) days : (4) If necessary, procedures to prevent adverse impact::'=-:= accidental spills . including inspection and mainte==e :::: storage areas. handling and transfer of materials .• c.a .;._: and unloading operations. control of plant site run-,:=. -:s-:::-i..er training, building of containment structures or equi;: =e:::.:;. measures for containing toxic organic pollutants (inC:·.;.;·-: solvents), and/or measures and equipment for eme17::::; response . l. Requirements for separate systems to handle sanitary a.c.:. industrial wastewater. such that in the event the user's i..=.:.·.;.. _:.al wastewater IS caual.Ill or could cause an interference or a :;: :m,:::::ia.l interference with the POTW. the industrial wastewater c::·.i.:. ·:,e aevered. preventing discharge into the POTW and still a1L ...-.::.+ :he user's sanitary wastewater to discharge into the POTW . m . (1) Reqwred When Necessary by E>ireeter CITY ; Except:.:=.. Grease. oil and sand interceptors shall be provided-.-:::.:=.. in the opinion of the 9ireeeer CITY M..\..\iAGER OR HIS~ DESIGNEE . they are necessary for the proper hancL=.i :.: liqwd wastes containing crease in e:otcesaive amoun:.. :-:: .3..ny inilammable wastes, sand and other harmful llll?'ec.;e ::.:..· except. that such interceptors shall not be reqwred :::-:: :;::::vate living quarters or dwelling uruts . (2) Construction Specifications . Grease and oil intercep :.:::-;; ;_=.all be constructed of impervious matenals capable of withstanding abrupt and extreme changes lll tempe -:::1:-..::-~. They shall be of substantial con1truct1on. watertig!:.: i::::. equipped with eaaily removable covers which, whee. ·::,o::.!-:i in place, ahall be gastight and watert11ht . All intercep :.:r. i :all be of a type and capacity approved by the E>ine1111 .: ·.· · UH CITY and shall be located so as to readily and east::,-::e accessible for cleanin( and inspection. 43 . . ' -: '-st• ... I ' , • .. • • I ]- (3) • • I• • '(', ... Maintenance by Owner. Where installed, all grease. oil and sand interceptors shall be maintained by the owr:e:-at his e:q,ense in continuously efficient operation at all =es. n . Other conditions as deemed appropriate by the City. 4 . Permit Duration. Permits shall be issued for a specified time ;ieriod, not to exceed three (3) years. A permit may be issued for a perio<i :ess than a year or may be stated to expire on a specified date . The use:-snail apply for permit reissuance a minimum of one hundred and eighty t l80) days prior to the expiration of the user's existing permit. The terms and conditions of the permit may be subject to modification by the City during the term of the permit as limitations or requirements are mociined or other just causes exist. The user shall be informed by any proposed changes in !us permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the permit shall :.nclude a reasonable time schedule for compliance . Any permit may be cancelled or terminated for failure to comply with the requirements hereof. 5. Permit Transfer Prohibited. Permits are iBBued to a specific w;er for a specific operation. A permit shall not be sold, traded, assigned. transferred or sublet. D . Monitoring Facilities. l. The industrial user shall provide and operate, at its expense. monitoring eqw.pment and facilities sufficient to allow inapection. aampling and tlow measurements of the building sewer and/or internal drainage systems. The monitoring facility 1hould normally be 3ituated on the industrial user's premises. but the City may, when such a location would be impractical or cause undue hardship on the 2. 3. 4 . industrial user. allow the facility to be constructed in the public street or sidewalk area, and located so that 1t will not be obstructed by landscaping or parked vehicles. The facility should be capped with a watertight lid and that facility shall not be located in a street or rutter. There shall be ample room in or near such monitoring manhole or facility to allow accurate sampling and preparation of samples for analysis. The facility , sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the industrial user. Whether constructed on public or private property, the sampling and monitoring equipment and facilities shall be provided in accordance with the POT\V'3 requirements and all applicable local construction standards and specifications . Construction shall be completed within ai."tty (60) days following written notification by the 9ireeleP CITY MANAGER OR HIS/HER DESIGNEE . Whenever required by the 9ireelllr af beiliaiea CITY MANAGER OR HIS/HER DESIGis"EE. the owner of any property serviced by a private sewer carrying nonre1idential wutewater 1hall inatall a monitoring manhole for each separate dilcharp in the private aewer in accordance 44 "' -. ' , • . .. •· • 0 , I -• ,.. • • with plans and specifications approved by the DivislC n eng,..nee!" installed and maintained at all times at the industr-11 use!"·s e:-r;,e nse. which shall have ample room in each sampling chair.'::e!" to take accurate flow proportioned composite samples for az:a.iysis . The monitoring manhole shall be safely, easily and inde:;:e:::dently accessible to an authorized representative of the P07\Y at all reasonable tunes . a . Each morutonng manhole shall contain a Pak:.-!"-Bo~·ius ::·.=e or similar device approved by the 9ireetel ei l. t ..... crn· w·.:--=. a recording and totalizing register for measureir.e::: oi the lic::.;ici quantity; or at the discretion of the 9ireeter ei ·:. · · ..... er-:-: MANAGER OR HIS/HER DESIGNEE the me,e:-eci ~ate:-;~'?ply to the industrial plan may be used as the !iqu:= -.ua::::ty :r where a measurable adjustment agreed to by :::.e 3 .•. e.. · · ~ CIT'l 1s made in the metered water ,·.;:;:,:;iy :o cie,::1.-:cine the liquid waste quantity . b . Samples shall be taken and properly preser:e-:: :..::. ac::r:i=e with 40 CFR 136 , as amended. and shall be 3. :-e:;:re,e::ta=:..-·e twenty-four (2-1 ) hour sample. Such sampling ,::.....:2 '::e :icr.e as prescribed by the ~ CITY to ensure rep:;;;::::a::·:e quantities for the entire reporting period. Ce:-:= :;:ci..lu:a:::: parameters such as, but not limited to . cyaruc.:. ;,i:e::ci. :;:.=.. oil. IJ'l!a&e , and/or chlorine demand which cannot == ::i..le:::eci '=-: using a composite sample may be collected by :::.e ·.;se :i :i • ~ab" sample. c. The frequency of sampling, the monitonng ma::.::.:'.e. :::.e :::.e.:ering device. sampling methods and analysis of sac:;::es s::.all '::I! eubject. at any time . to inspecuon and verifica:::::. d . All metering and sample collection shall be de::.-'::y :::.e u..~ City or a private entity and at the request of the u.H:-:r :::.e C~ shall have a split flow sample for opoonal ana:.::s:s. e. The industrial user or an approved private e::::::y :s :-e-;:u..~:i to analyze the sample in accordance with the re,;.·.:.::e:::.e:::s established in Section 12-2-SG of dus Chapte:-. _.:..,:: :e,:-..ng ~ at the expenee of the industnal user. 5 . The 9ireeeer efEemtte! CITY ::VU .. "1AGER OR HIS/HE:: :::>E:5 ~G :>,C:~ may require that the morutonng facilities be 1.11Stalled m a :;: e:-=:i::e:::~:-~ed above-cround enclosure . 6 . Subject to the 91!'eeeer 'J CITY MA .. ~AGER OR HIS,HE.:: :::>E5!G~-=-=. approval, any user may provide or has the option to c::::::-!lc: -,,i t;: 7..:le City or any private entity to provide such sero."l.ce as de~=:!~ ::!!:es sa: .. -;·, including, but not necessarily limited to , the follo~,ng: a . Monitorinc facilities b . lnapection and samplinc 45 ' ' . . .. • . • I . ( • 0 - • • • t• . • ' •. c. Laboratory analysis E. Inspection. 1. The E>it-eeter af Utilities CITY ::VL~N'AGER OR HIS/HER DESIG~"='.~. m represe11tati.es . or representatives ofthe Metro District may ins!=~;: the equipment and facilities of any user at any reasonable time to a.;;.::-::-.ain whether the applicable ordinances, rules and regulations are be:..::.i complied with. Persons or occupants of premises where wastewa:c::-is created or discharted shall allow the E>ireeter CITY MAJ.'llAGER 02. HIS/HER DESIGNEE. me represe11ilm.es , or representatives oi :=: Metro District. ready access at all reasonable times to all parts ;;f ~e premises for the purpose of inspectlon, sampling, records exam.i::.a ::.;;n and copying, or the performance of other duties. The POTW. ::V[e=-: District, State and EPA shall have the right to set up on the use:-; property such devices as are necessary to conduct sampling inspe=:in. compliance monitoring and/or metering operations. Where a use:-::.a .. security measures m force wluch would require proper identifica::.:= and clearance before entry into their premises, the user shall make i::·::.osary arrangements with their security guards so that upon presentat::= :if suitable identification, personnel from the POTW , Metro Distr.c:. 5tate, and EPA will be permitted to enter, without delay, for the purpc.:cs of performing their specific responsibilities. 2. While performing the necessary work on private properties, the D __ -.er CITY MANAGER or duly authorized representative of the City si:i! observe all safety rules applicable to the premises established by ~e business: F. Failure to Permit Inspection. In the event a duly authorized represe:::arive of the POTW is refused admission for any purpose . the E>iPeetef' CITY MAJ.'llAGER OR HIS/HER DESIGXEE may cause water service to tl:.e premises in question to be discontinued until the POTW representa::.-:-e baa been afforded reasonable access to the premises and sewer system ::: accomplish the inspection and/or samplinc. G. Sampling and Analysis. All analyses shall be performed in accordar.ce "'1th procedures established by the Administrator pursuant to secnon 30~-i , of the Act and contained in 40 CFR. part 136, and amendments there:::. :ir with any other test procedures approved by the Admmilltrator. Sam,::..:.::c and analysis shall be performed m accordance with the techniques appr-;..-~-i by the Administrator. H . Confidential Information Provisions. 1. Information and data on an induatnal user obtained from repc:-..s . questionnaires. permit applications. permits and monitorinc pr.:irama and from inspections shall be available to the public or other governmental agency without re1trict1on un1na the uaer 1peci;c:Llly requesta and II able to demon1trate to the aatiafactir:,n of the ~ ef ~hihe,n CITY MANAGER OR HIS/HER DESIGNEE that the ::-eleue of s uch 1nformat1on would divulp information, proceuea or me :=.oda of production entitled to protecnon u trade aecreu of 1ucb uaer . W-~en requested by such WMtr funualuns a report. the poruona of a re;:-:rt 46 ,. -. , • . .. •· • 0 I • 2. • • • (. • wluch might disclose trade secrets or secret processes sha:: ::.:: :r- made available for inspection by the public but ;;hall be =:;,:.;; available upon written request to governmental agencies :·: :-·.:..."'== related hereto, the ~DES pernut. and/or the pretreatme::.: requirements ; provided, however, that such pornons of a~;:·:-:-: -'-, ·· be available for use by the State or any State agency in j~~ =-=""..= ... or enforcement proceedings involvmg the user furnishing:~~';•="- Wastewater constituents and characteristics ",11 not be !':-:::r-··-~:. ll confidential information . All records relating to compliance with pretreatment star..::....a...-'...: ~ be made available to officials of the Metro Distnct, EPA c :-:=.;; approval authority upon request. I. The Metro Distnct shall have full authority to act ar.d perform ;·~:::. ==-==.::is as are provided for in article IV of the special connec:or agree==::.: ·:-='77"~::. the City and the Metro District. J . Reporting Requirements for Industrial Users . l. ::-.loti.fication Requirements . The 9ireeteP CITY shall nottfy O •• ~:=--=:. Uldustnal users of the applicable reporting reqUll'ements u::..::.;;:-..,.: ::? .. section -l03 .12 of the Federal General Pretreatment Regula::.=:::.== Existing and ;1/ew Sources. 2 . Baseline Report. Within ninety (90) days after the promulp::.:::. =-== :: a catecorical pretreatment standard. all existing :ndustrial i.:..=.::-: :::. F'~ cateeory are required to submit a factual report which cont 0 ·-= = information listed in paragraphs (b) (1)-(7) of sec::ion 403.l~ :: = Federal General Pretreatment Reculations for E.risting anc:. : :;;-v S:=:es. ;1/ew catecorical induatrial users are required to submit to-·-~ •:::=-:-:;, factual report which contains the information li.;;ted in para~:;,;:.=.: ·= (1)-(5) of section -l03 . l2 of the Federal General Pretreatme::.: ?.;;'+"~-=-== for Existing and New Sources. 3 . Within ninety (90) days following the date for final compl.ia=:;, T"= applicable pretreatment standards or. in the case of a new ;.:·.:...-~ following commencement of the introduction of wastewate!' == = POTW , any user subject to pretreatment standards and re·:;-_:_-==.:= shall submit to the 9ireeieP CITY MAN'AGER OR HIS/HE?. = :::.=: :;: ~ a factual report indicating the nature and concentration oi , -;:c:..::=:. lJl the discharce from the regulated processes which are liI::.:.:::. ~ pretreatment standards and requirements, and the averai= :a.=..:: maximum daily flow for those process units in the user's fa c-~:-::--v ·::.:.= are limited by such pretreatment standards or requiremer.:.; :--~ ~;: :::-: shall state whether the applicable pretreatment standard, ::- requirements are being met on a consistent basis and, if n c:. .,..~ additional O&:VI and/or pretreatment is necessary to brini :=.~ ~-=-=:.::i compliance with the applicable pretreatment standards or ~:;-~-=.:::.:.. This statement shall be sicned by an authonzed represen:.1 ::-:-~ :::: ~ U1du1trial user and certified to be a quali.6ed profe111onal . 47 • J .. • • • 0 ]- • • , . . • ' 4 . Periodic Compliance Reports . a. Any user subject to a pretreatment standard, after the compliance date of such pretreatment standard. or , in the case of the disc=.arge into the POTW, shall submit to the ~ CITY during the months of June and December, unless required more frequent!y in the pretreatment standard or by the ~ CITY Mru\lAGE:?. OR HIS/HER DESIGNEE. a factual report covering the preceding su: (6) months and indicating the nature and concentration of pollu=ts in the effiuent which are limited by such pretreatment standa:::is. In addition. this report shall include a record of average and maximum daily flows for the reporting period for all regulated processes. At the discretion of the ~ CIIT MANAGER OR HIS/HER DESIGNEE and in consideration of such factors as !ccal high or low flow rates. holidays, budget cycles , etc .. the ~ CITY MA::-.AGER OR HIS/HER DESIGNEE may agree to alte:::-:he months during which the above reports are to be submitted. b . The Biree!M' CITY MAN'AGER OR HIS/HER DESIGNEE may impose mass limitations on users where appropriate. In sue=:. cases, the report required by subsection J4a of this Section .. ~ indicate the mass of pollutants regulated by pretreatment · standards in the effiuent of the user . These reports shall con= the results of sampling and analysis of the discharge , includi=g the flow and the nature and concentration. or production and ma.s.. where requested by the~ CITY MANAGER OR HIS/HE:!. DESIGNEE of pollutants contained therein which are limited ':y the applicable pretreatment standards .• AJ.l analyses shall be performed in accordance with procedures established by the Administrator pursuant to section 30-l (g) of the Act and conta:=ed in 40 CFR, part 136 and amendments thereto or with any ot=:.::::- test procedures approved by the Administrator. Sampling sh~ be performed in accordance with the techniques approved by the Administrator. 12-2-6 : ENFORCEMEm A~ PENALTIES : A. Requirements for All Reports . All reports required by any order of the ~ CITY. wastewater contribution permits, this Chapter and/or :::ate or Federal law will be made promptly in accordance with any prescribe-:: :une requirements . Such reports will be complete and thorough. and they w~ accurately and truthfully report facts as they eicist and any conclusions :.=. such reports will be responsive to and consistent with the source data :.=. :he report. It is a violation of this Chapter if any such required report is no t submitted or, if submitted. ia inaccurate . contains untrue information. -::::-is not responsive, accurate or truthful in whole or in part. Any act or failu:~ :o act prohibited by this s ubsection may be deemed to have occurred or to ::ave been committed at the place at which the report 1s or should have been initiated or at the place where the report ia or should have been receive~. 48 ...... "'~ • I • ' ~ • • • 0 , I ]- • • • • B. Enforcement Authority. The~ CITY :VL-\..'\AGER OR HI5 ·E?. C. DESIGNEE may adopt procedures and rules for the impleme::tat:.::i a::..:. administration and shall enforce the provisions contained he::-::n. Notification of Violation. \Vhenever the~ CITY :'-.L-\..'iAGE?. JR HIS/HER DESIGNEE finds that any person has violated or i... ·.,c:.s.=g ::::is Chapter. or any prohibition. limitation or requirement contau:i!d. ::;;:-e:.=. .::i.e may serve upon such person a written notice stating the nat=e ·::· :::e violation and providing a reasonable time, not to exceed thirt:: 3( :.ay,. i:ir the satisfactory correction thereof. A meeting with the ~ c:-:- MANAGER OR HIS/HER DESIGNEE may be scheduled at t!:: ::-:-~·.;es.: :i -:.he violating person or the Btreeter-CITY MAJ."l'AGER OR HIS/HE?. D='.5i:G~,'Z:E to discuss the violation and/or a satisfactory correction sched~i!- D. Methods of ='1otification . Any notification required herem sha:: ':le ;::-:e~ either personally or by registered or certified mail. E . Suspension of Service . The City may suspend the wastewate:-::-:.;. ===: service and/or a wastewater discharge permit when such sus-;::::£:::: :s necessary , in the opinion of the 9ireeMP CITY :VL-\..'-:AGER OR:=...::=::='.:. DESIGNEE, in order to stop an actual or threatened dischari: .,.-::.::::. presents or may present an imminent or substantial endang~:-::::::: :c = health or welfare of persons. to the envtr0nment. causes mte:-:·:::-::::e :.: = POTW, or causes the POTW or the Metro Du,tnct to ,,olate a..::.y :::::i:::.c ::. :if ita SPOES permit. F . Any person notified of suspension of the wane.,..·ater ::reatme::: *:-:::e :i=i:ilor the wastewater discharge permit ahall immedl&tely top or e-=..:::. :e = chacharp . In the event of a failure of the uaer to com pl~ volu:::.a!'"--...-::_-: :.:ie 1uapemion order, the~ CITY ~'JAGER OR HIS,'HE ?. ::>E.:: ::;_ ~ may take such steps as deemed neceuary, inclucunc unmeu:.e -~-e:-=...~ :,f the 1ewer connection. to prevent or annim•ze ciama :o the ? y:--. ;:- endanprment to any individuals . The ~ crn· :'-.L-L'iAC Z.?. : .?. HIS/HER DESIGNEE shall reimtate the •ute..-ate:-dacha:-!;:~=: and/or the wastewater treatment service upon proof of the e!.:.== ::.::. :r· ~ noncomplY1D1 diacharge . The user ahall pay all Pon,· ClMIU 1..::ci t=;:e~ for any such auapension and restoration of N!"Vlce . A detailed ..-':'::-.e::. -,:a::ie::i.t aubmitted by the user descnbmc the cauaea of the harmful cc ::.=--=·.;::.::. =d the measure, taken to prevent any future occurrence ab.all be 1;;=::::::-:.~ -:;; the~ CITY MAJ.\iAGER OR HIS/HER DESIG~""EE wiu:= ~-':.re:: _ - day, of the date of occurrence . Permit Revocation . Any w;er who violates the follo .. ·mg co n~::::.s ::::"!CL :ir applicable State and Federal reculauona. 1s aubiect to h•=i :l:.: ;:t:-=.;-: revoked : 1. Failure of the user to comply with the pro,""U11ons Ill sube=::: 12-2-5A2a of this Secuon. 2. Failure of a user to report factually the wastewater COLJ::.:·.;::::.. i=.:c characteristics of its discharres : 3 . Failure of the user to report aisnificant chances lll open::c::.i :r wastewater constituenta and ch.aracteruucs : 49 ,. -. , • . • • • 0 -• • ,. • ' <. 4. Refusal of reasonable access to the user's premises for the purpoSc :f inspection or monitoring; 5 . Violation of conditions of the permit or this Chapter or any final j1.:.::.:cial order entered with respect thereto; 6 . Failure to pay any fees or charges; 7. Tampering with. disrupting, or destroying City equipment as determined by the tmeelllP' CITY MANAGER OR HIS,HER DESIGNEE, which determination shall be conclusive : 8 . Failure to report an accidental discharge of a toxic pollutant or an: pollutant above levels authorized in the permit. G . Legal Action Authorized. If any user discharges into the POTW contrar:--:.;i the provisions of this Chapter. Federal or State pretreatment requireme =.:.s . or any order of the City . the City Attorney may commence an action for appropriate legal and/or equitable relief, mcluding a petition in a court ;: competent jurisdiction for a temporary restraining order. preliminary ai:c. permanent injunction against the violation. H. Termination of Service. The City may terminate or cause to be terminatc-i wastewater treatment service to any user for a violation of any provisioi:::.: herein. I. Civil Liability for Expenses. Any person violatiQJ the pro,'iaiona herein i::.ill be liable for any expense. lou or damap caused the City by reuon of s-=: violation. includiQJ the increased costs, if any, for manalllll ef!luent anc. :r sludp. The person ,hall alao be liable and pay all attorney fee,, court c::.,:a. and expenses neceaury to enforce any proviaion oftha Code . The~ CITY MANAGER OR HIS/HER DESIGNEE shall add such charge to the discharger's treatment charge . J . Civil Fine Pass Through. In the event that a user ciiacha.rres 1uch pollu:.;.::ts which cause the City to violate any condition ofita ~DES permit and t;:: City is fined by EPA or the State for such violation. then such uaer shall ·=~ fully liable for the total amount of the fine ueesaed arainst the City by ='.?A and/or the State. K. Criminal Penalty and Fines . 1. 2. Any person who violates any condition of the permit. Ehree1111 's CI~ MA.\iAGER OR HIS/HER DESIGNEE'S order, or any proviaion of ~ Chapter shall be subject to a fine of not more than two thouaand dollars ($2.000.00 ) or by impriaonment in the County jail for a pe~ ..:,:i not to exceed one (1 ) year or by both 1uch fine and 1mpriaonment :c :- each violation. Each day in which any violation shall continue 1hL ·:,e deemed a separate offense . Any fine and/or any Jail sentence impc>Nd Wider the provwona of :.=.e foreroinr 1ublec:tion Kl of this Section may be 1uapended for an:; period not to exceed three (3) yean. so 11 - • ' .. • • 0 , I • II' • • .. L. Civil Penalties. In addition to any other penalties provided he:--:=.. :::.: :::y may recover reasonable attorney's fees. court costs, court repc r::::-, :e-e-;; .a..nd other expenses of litigation by appropriate legal action again.;;:: :.=.: ·use: found to have violated any provisions herein. or the orders. ri.:.:..= =-=g-~=ons, and permits issued hereunder. The Attorney for the City. upc ::. ::-::_·..:e:,: = :he City Council. shall petition an appropriate court to impose. a.:.;.::,, a::.:: recover such sums. Any person who shall violate any condition of the permit. Btl'-: _:_ : c:~ iVlANAGER OR HIS/HER DESIGNEE'S order, or any provis1ci::. ::· -~ Chapter shall be subiect to immediate disconnection of the se•o0 ~ ===---:=g the property upon or in connection with wluch the violation oc :::~-::-:-:.. M . Appeal Procedure and Order. Any permit applicant. permit h e ....:.::-:::-:~r user affected by any decision. action. or determination. incluc ·-: :::::.Ee .:._::.j desist orders. made by the City other than any judicial action = ~:. :::-·..:::..::=r litigation in any court including the Englewood Municipal Coi..:..-: :::-=::- N. 0 . permit issued hereunder. may file with the~ CITY ~LL · ___ ::-::::?.. : ?. HIS/HER DESIGNEE a written request for reconsideration a::...: ;. ::::.:-:: -:he decision within ten (10) days of such decision, action, or deter.::..=.a.=:::.. setting forth in detail the facts supporting the request, where·..::;:::. ::::.: ~ CITY MA,.\IAGER OR HIS/HER DESIGNEE shall h ok. ;. .:.::...-~ The request for reconsideration shall be acted upon by the B-_ ---· -:~ iVU.\IAGER OR HIS/HER DESIGNEE within ten (10) days f:r:::c :.=.: :.a.:.: J f filing . The decision, action or determination may be stayed di=-~ :·..:;:::.. period of review by the ~CITY :MA..\IAGER OR HIS/HE:..:::::==::-~ ~E. If the decision of the ~CITY ::~U.\IAGER OR HIS/HER::::=-::::~~ :s unsatisfactory to the person appealing, he may file a written .::;;::;:::L :.: ~e Water and Sewer Board within ten (10) days after receipt of :=-= :..-=.;:.:::... The Water and Sewer Board may hear the appeal and shall ~ ::. -= -0 • ruling on the appeal within thirty five (35) days of receipt oft=.,;, ~::-;; written appeal. The decision. action or determination of the E . . . • . ~:· MANAGER OR HIS/HER DESIGNEE may be stayed dunng ,,:...:.:. :;: :::-:; :. :f review by the Water and Sewer Board. After the Water and Soe .,,-:::-3 ,:.L.-:. :iu re,iewed the evidence . it may issue an order to cease and des:.:-: :: :=.: .;.,.er responsible for the discharge directinr that, followinr a speaf::. == :;:::::--_od , the sewer service be discontinued unless adequate treatment ~::....:=== de\-ices or other related appurtenances are properly operated.: ~-=-e::-::::--:.ers and directives as are necessary and appropriate may be isau e ·:. ~.:.: ::::::..non of the Water and Sewer Board shall be bindinr on all entitles == :=.: .:...~:- until and unless ruled otherwise by an appropnate court. Falsifying Informa tion: No user shall knowingly make false ,:.:.:::::.:::.:.: representations or ce rtifications in any application, report. p h.::. :::-:::::..::- document filed or reqwred to be maintained pursuant hereto. :-:-; ..::::·..:.::...::.: to its wastewater disc harre permit. or falsify . tamper with. or r e::..:.::-:..::.;. ::-..:."'Ste any morutonn( deV1ce or method required herein. Publication Of '.lloncompliant l:sers: The City s hall annually :;: -.:.J .:.:;: -..:ie larrest Enrlewood news paper a lilt of the uaers wh.ich were u:. ::. ---= =: noncomp lia nce with any pretreatment requirements or stancb.::-~ :.·.::~ :.he twelve (1 2) preVIOWI months . SI ' , ... •· • , -• • • <. 12-2-7 : LI:MITATIONS ON DISCHARGE : A. Discharge Of Pollutants: No person shall discharge any pollutant in excess of the following: PalJutant Or Pollutant Property Arsenic. Total (As) Cadmium, Total (Cd) Chromium VI (Hex Cr) Copper. Total (Cu) Lead, Total (Pb) Mercury, Total (Hg) Molybdenum (Mo) Nickel, Total (Ni) Selenium (Se) Silver, Total (Ag} Zinc, Total (Zn) Maximum Concentration Pailx i\verau m11l 2 .2 0 .327 0.698 4.0 2 .7 0 .0004 5 .5 2.4 0 .989 0 .4 36 .2 B . Special Condinons May Be Granted: Industrial allocations ma~· be approved under special conditions as determined by the 9ine111r af ~ CITY MANAGER OR HIS/HER DESIGNEE . The manmum daily allowable industrial loading shall be allocated throuch significant industrial user permits. The total loading to all permitted industrial usen shall not exceed the level specified below . Changes in local limits due to increased or decreased loading in the service area may cause a chanse in allocations granted under these special conditions. lndmtrial users ahall monitor and report daily flow, as required by the wastewater contribution permit. Allocationa may be revoked by the 9iftelel, CITY MANAGER OR HIS/HER DESIG~"EE and shall not be conaidered property rights. PgHuraot Or Pollutant Property Arsenic. Total (As) Cadmium . Total (Cd) Chromium VI (HEX Cr) Copper, Total (Cu) Lead . Total (Pb ) Mercury, Total (Hg) Molybdenum (Mo) ~ickel. Total (Ni) Selenium (Se} Silver. Total (Ac) Zinc . Total (Zn) Daily Maximum Allowable Industrial Load a h,tpav, 10 .559 1.558 3 .331 19 .181 12 . 789 0 .00193 26 .286 11.634 4 .719 4 .727 li3 .04i . , .. • • r ,, I • • • .. ... .. ' " • . ' C. Underground Storage: Petroleum underground storap tank remecil:i=: projects which have cauaed coatam1n•t10D to pound w•ter and have =>Hn •uthonzed to diacharp tre•t.ed pound w•ter to the POTW shall mff': :!le followiDc standuda for maximum c:oncentretion daily Herap m UC/~ D. Benzene, toluene, ethylbemene, xylenea. total (BTEX) Benzene 750~: 50~-:. Orpmc Compounds: Volatile orpnic compounds and •mi-volatile crr..::.ic compounds shall be determined on a cue by cue buia ueiDI the Littleton/Enclewood policy for local limits for volatile end •m.i-vola=.:: compounds. The Littleton/Enpewood policy shall ret1ect EPA suida= :,:i Development And Implementation Of Local Dilcbarp Limitations -_· ::::.e:- Tbe Pretreatment Prop-am and best available treatment technolo~e:: '3A T). E. Compliance With Federal Act: When necessary for compliance with = Federal Act for the achievement oftechnology-bued eflluent lim.itar:,-.-=. the 9il'eeteP CITY MANAGER OR HIS/HER DESIGNEE may uerciae ::e::: professional judgment (BPJ) in establishing eflluent limitations on .1 case-by-cue basis for individual permits grant.ed punuent to Sectc:c:. :.2-2-3 . Technology-based effluent limitations based on best professional Jui:...=e:it (BPJ) shall be made only for sood cause and in the ebeeDCII of Feder:i..:.::: promulsat.ed pretreatment standuda or local limitations on ~. F . Ef!luent Limitations: Effluent limitations established tbroup the ~-ff of best profeuional juqment (BPJ) shall be made after CllllllidariDs ::e availability of appropriate tec:lmolol)', its ec:onom.ic ~-=t: ap of equipment end facilitin involved. the proceu employecl. ud any :.:::,ase in water or elll!rl)' consumption. G. CompliaDce Requincl: Sipific:ent induetrial users locat.ed in Enclew-::=:. :iut cliec:harsiDI to the Metro Dietnct shall comply with the local limits :i ~e Metro District or of this Chapter, wbicbever is -striapnt. 12-Z-8: SEWER T.U' FEES: A. At the time of 6Jiac the application. •wer tap ,._ shall be paid in accor-..c.:. with the foUowmc scbedule: Wucr )Jeer Sia 11.· or leu 1· l 'I:" 2· 3• ... 6 " 8" 10· SnwI1nf• S l,,&00 .00 2 .333.00 4 .66':'.00 7,467.00 14.932.00 23 ,332.00 46,867.00 74,867.00 107,332.00 53 .. •. • • 0 , - - B. C . • • • • '· For multi-family units, hotels, motels and mobile home courts, ~ total tap fee shall not be less than one thouaand four hundred dollars ($1,400.00) per dwelling unit. If the fee determined by the water meter size from the above schedule is greater than the fee determined by the minimum charge of one thousand four hundred dollars ($1 ,400.00) per unit. then the greater fee . as determined by meter size, shall prevail. At the time of filing an application for a sewer tap permit. sewer tap fees for the following properties shall be increased by the addition of a aw-charge to the sewer tap fees eatabliahed by subsection A of this Section according to the established surcharge schedule: 1. Properties within the City which are not in an established sanitation district. 2. Properties outside the City which are tributary to the Northeast Englewood Relief Sewer System which are not exempted by agreement from sewer tap surcharge. The established sewer tap fee surcharge is: Water Met.er Sip ,,. " 1" l'/1" 2· 3• 4• 6" s· 10" $enc Tap Fee $ 500.00 833.00 1,667.00 2,667.00 5,333.00 8 ,333.00 16.667.00 26,667.00 38,333.00 For multi-family units . bot.els, motela, mobile home courts and other multiple dwelliJll unit.a , the -r tap fee •urcharre shall not be Ina than live hundred dollars ($500.00) per dwelli.nc umt. If the NrCbarp establiahed by the water meter aze from tbe above 1urcbarge achedule ii greater than the fee of live hundred dollan ($500.00) per dwe11i.nc umt, tbe greater fee shall be charpd. 3 . Propertie1 that connect to the 811 Dry Creek mten:eptor ay1tem shall pay a sewer tap 1urcbarge fee m the s um of three hundred dollan ($300.00) per •incle-f'amily reaidenual eqwvalent tap in addition to all other cbargea. The actual coat of any sewer main extension shall be nicorded in the utilities office . Wbere 1uch coat hu not been paid. it ,hall be added to the plant aueu ment fee to arrive at a total amount due . ~--•r utenaion coata ,hall include the actual coat of conatnletlOn plua ten percent (10%) to defray co.ta of encmeennc. The total COit.a ,hall be UNued in proportion to the front footap of the property aerv.d. • . .. .; • • 0 , I - ]~ • • • ·, • '· D. Where a proposed tap will serve property for which a previous assessme::.: has been paid, the previous tap fee shall be credited against the current :.ap fee in calculating the balance of the fee due . E . Nothing in this Section shall be construed to alter the rates or terms contained in the connector's agreements heretofore emting between the C::y of Englewood and sanitation districts. F . No tap shall be made to the POTW without payment of the tap fees. Fai..:.·~'"1! to pay fees before tapping to the POTW shall result in tap fees being doubled. Any fee or charge not paid shall constitute a lien on the subject property and be collected like taxes. 12-2-9: CONSTRUCTION OF SEWERS : EXTENSIOK OF '.'vLU::-.S : COSTS : INSPECTION: A . When an application is received to enend the collection main in order to serve the applicant or user whose property is located with the City. the C:::· shall make such extension at its own expense , subiect to recovei::: of saici costs and provided that the enension is to serve land properly subdiviciei.. In the event that the extension is to serve nonsubdi,;ded. industrially zone-:. lands within the City, the 9ireetef, CITY MA.'lAGER OR HIS/HER DESIGNEE may require that the applicant or use:-extend the collection main at lus own cost and expense, subject to an equitable method of recc~:y of costs . 8 . The individual collection mains outside the corporate limits shall be by C. pipes, mains or service line1 and appurtenances installed by the individ~ or connector, and the City 1hall anume no obliganon for costs of conatruc:---=n therefor. All services shall be connected under the same pro,-u1ons as may :>e required by the City for connectwns withm its corporate limits. All charre: :or aewqe collected outalde the corporate limiu of the City shall be compute-i &om rates aet out Ill Section 12-2-3 of this Chapter. Quality control af privately conatructed collection ma.ua feed.inc the City treatment plant shall be ... ured by on·lllte inapec-::on pl'OVlded by the C :::,- of Enclewood Department of t:tilit1es. wluch apncy shall mclude the morutonnc of collection mam constrUCtlOll and the lampinc of mama whe= const:ruct1on a complete . Chaf1" for these se~"lces •hall be billed to the re1pons1ble contractor, u follow,: 1. 2 . lna~n (one man); weekdly1 After normal duty houn, weekend. and holidays LamplllC (crew of 2 men): weelr.dly 1 After normal duty houn , weelr.enda and holidly1 S12.50/hr. S18 .i51hr . 525 .001hr. 537 .501hr. TAPPING OF MAISS NOT OW~"ED BY THE CITY When an application 11 received for connecuon to mama or !acwue, not owned or co ntr0lled by the City , a penDJt for 1a1d c:o nnect10n will be sra,n2: 55 -.---. ' ' .. .. • . • , . , • 0 ]- - • • ,... -. • • only in thoae cues in which the Department of Utilities shall have been duly authorized, in writinc, by the owner in control of such main or facilitie1 to grant such permit. 12-2-10: MISCELLANEOUS: A Conflict. All other ordinances and parts of other ordinancea incomiatent or conflictinc with any part of tbia Chapter are hereby repealed to the extent of IUch inmmiatency or cxmf'lict. 8 . Severability. If any proviaion.. parqraph. word, or NCtion of thia Chapter ia invalidated by any court of competent jurildiction.. the remaining provwom, parqrapba, worda , and sec:tiom ahall not be a&cted and ,ball continue in full fon:e and effect. Introduced, read in full. and paued OD fint readinc OD the 5th day of October, 1998. Puhliabed u a Bill for an Ordinance cm tbe 9th day of October, 1998. Thomas J . Burm, Mayor ATI'EST: Loucriabia A. Ellia, City CJerk l , Loucriabia A. Ellia, City CJerk al tbe City al Eap.wood, Colorado , benby certify that tbe abaft and ......... ia a tzw capJ al. Bill ban Ordinance , illtracl..cl. rad iD full. and p..-1 Oil &nt radiq Oil tbe 5t.h day al October, 1998 . ' , •. .. • • 0 - • • • .. • ... COUNCIL COMMUNICATION October 5, 1998 10 a ii Initiated By Staff Sources Subfect Intergovernmental Agreement to purchase software from State software contracts Department of Financial Services Frank Gryglewicz, Director of Financial Se1Vices Chris Diebold, Info. Technologies Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has made Information Technology a priority for the City. This bil for an ordinance allows the City of Englewood to purchase software through existing State contacts at the lowest cost available to the City. RECOMMENDED ACTION Staff recommends that City Council approve the Ordinance aultlol izing an lnlergovemmenta Agreement (IGA) between City of EnglMuood and the State of Colorado for purchasing software from existing State software contracts. BACKGROUND, ANALYSIS, Ml) ALTERNATIVES IDENIL ED As a political subdivision of the State, this agreement alows the Cily ID purdw software from State negotiated software volume purchasing agreements. This provides significant savings to the City by using the volume purchasing power of the State. This agreement aJWrS Uicroeoft, Novell, Corel, and Lotus. The City currently licenw 8oftware from Microsoft, Novel, and l.olus. FINANCIAL .. ACT Funds for these software purchases are induded in the 1998/1999 Budgels. UST OF AnACHIIENTS Proposed Bill for Ordinance . , • . • • • 0 r _ I ]- - ORDINANCE NO ._ SERIES OF 1998 ·~ • • • <, BY AUTHORITY A BILL FOR r .. COUNCIL BILL NO. 61 INTRODUCED BY COUNCIL MEMBER~~~~~~~ AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BE1WEEN THE CITY OF ENGLEWOOD, COLORADO AND THE STATE OF COLORADO, DEPARTMENT OF PERSONNEL WHICH ALLOWS THE CITY OF ENGLEWOOD TO PURCHASE SOFTWARE FROM STATE NEGOTIATED SOFTWARE VENDORS . WHEREAS. the State baa o,esotiated mot.er software licenainc terma and conditiom which permit statewide ordere by State agencies, department&, inatitutiona and political subdiviaiona from muter licensing agreement& with software manufacturen/publiabere; and WHEREAS, by the paaaqe of this intergovernmental agreement, tbe City will be eligible to purchase aoftwlln! uainc State o,esotiated software volume purchaainc acreementa; and WHEREAS, this will provide •ignificant uvinp to tbe City by uainc tbe volume purchaaing power of the State; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO , AS FOLLOWS : 5ec#m I . The inte~ apoeement between State of Colondo, Department of Penionnel and tbe City of Enslewood, Colorado pertamiDc to tbe pun:hue of aoftware from State ~. aoftware volume purcbuiac .....,......., attached •• "Exhibit A", ii hereby accepted and approved by tbe Enpewood City Council. $ertigp 2 . The Mayor ii authariaecl to e:ucute and the City Clerk to atteat and eeal tbe Agreement for and on behalf of tbe City of EncJewood, Colorado. Introduced. read in full, and pa&Nd on firlt readinc on tbe ~ day of October, 1998. -1- -· .. . ' ' • . ~ . • • • 0 - > ' • ,.. • .. ~ • .. ... Published as a Bill for an Ordinance on the 9-day of October, 1998. Thomas J. Burm, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I, Loacriabia A. Ellia, City Clerk al the City al Enpewood, Colorado, hereby certify that the above and forecoiDc ia a true copy al a Bill for an Ordinance, introduced. read in full, and paued OD first read.inc OD the 5• day of October , 1998. -2· --. , I .. .. • . . • • • • 0 , __ I -• • • INTER GOVERNMENT AL MASTER SOFI'W ARE LICENSING PROGRAM ENROLLMENT AGREEMENT THIS agreement , made this 5th day of October 199~. by and between Citv of Englewood hereinafter referred to as "enrolling entity," and the State of Colorado, acting through the Department of Personnel hereinafter referred to as The State, WHEREAS , pursuant to section 24-110-201, C.R.S . (1997), any public procurement unit may either participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any supplies or services with one or more public procurement units: and WHEREAS. the State has negotiated master software licensing terms and conditions to permit statewide orders by State agencies, departments, institutions and _ political subdivisions from master licensing agreements with software manufacturers/publishers: and WHEREAS , the State is agreeing to administer such master software licensing programs in accordance with the terms of such programs; and WHEREAS , the enrolling entity is an eligible agency, department, institution or political subdivision under such master software licensing agreements: NOW THEREFORE, it is hereby agreed that: l. The enrolling entity acknowledges that it has received a copy of the program and licensing terms under: a. Microsoft Government Select Master Agreement , dated 12/4197 ; the Microsoft Education Select Master Agreement, dated 12/4/97; Product Use Addendum A ; all as amended b y the State of Colorado Modifications dated l l/25197 . b . Novell Master License Agreement. dated ~. as amended by the State of Colorado Amendment dated 7/14/98 . c . COREL CLP Universal Agreement. dated lln4/97, as amended by the CLP Universal Agreement Amendment, dated 7/23198 . d . Lotus Passpon Program , Government Contract Option and Enterprise Option Terms, dated 7/l /95 , as amended by the Amendment to Lotus Passpon Program Government Contract Opuon and Enterprise Option Terms, dau:d UQL21 ; Lows Software Agreement. E X .. I • I T A ' .. .. . , •. • • 0 , • • • - 2 . The enrolling entity acknowledges that these agreements contain confidentiality provisions and use restrictions on software ordered under such agreements, and the enrolling entity will disseminate such limits and restrictions on use to its employees. The agreements require that enrolling entities take reasonable steps to protect software and documentation from unauthorized copying or use. Enrolling entities may not disassemble or decompile the software . The agreements also contain specific use audit. self-audit, and reporting/certification provisions to validate compliance with license restrictions. The parties agree that the Department of Personnel shall not be responsible for any liability arising out of orders placed by the enrolling entity or any costs associated with audits or purchases of additional license rights after audits under these agreements. Collection of and/or disagreements over payment arc the sole responsibility of the reseller and the individual enrolling entity. In the event an enrolling entity is determined to be liable for the costs of an audit, the enrolling entity is responsible for any such costs under these agreements . Enrolling entities shall, at their own expense, satisfy reporting obligations under these agreements with respect to their own use of software ordered from these agreements . 3 . The enrolling entity will comply with the terms in the then-current State Award in placing orders under this program, through th.: reseller administering the program. The enrolling entity will furnish updated information concerning the identity of its program point of contract to the reseller. The enrolling agency's point of contract for purposes of these programs is: Chris Diebold IT Manager City of Englewood 3400 S Elati St Englewood. CO 80110 (303) 762-2383 5 . The enrolling entity shall not distribute or redistribute or permit any of its employees to distribute or redistribute files. code or software (as those terms are used in the Microsoft Product Use Rights paragraphs IC(2), IG(3), IK(3), lLlf, lLlg, IM, 10, IPlb. llla2(j)) from Microsoft Office Developers Edition, Microsoft Visual Basic , Microsoft Visual C++, Microsoft Visual FoxPro Professional, Microsoft Visual lnterDcv, Music Producer, Microsoft Visual J++, Visual SourceSafe, Microsoft Visua1Studio. Microsoft SQL Server and Microsoft Exchange Server. This prohibition shall apply to any use, distribution, or redistribution of files , code or software that is subject to an express duty of indemnification by the State in the Microsoft Product Use Rights . as it may be amended from time to time . 6 . No software product or licenses may be sublicenscd, transferred, or assigned ( such as to an "'Affiliate" entity as that term may be used in the Microsoft Select Agreements) to another entity except to the extent that such subliccnsc, transfer, or assignment is permitted under the terms of the applic:ible program. and then only if such entity has executed an Intergovernmental Master Software Licensing Program Enrollment Agreement. The enrolling entity shall remain responsible for all acts and omissions of .. • . ... • • C , -I - - ' ,. • • such entities to which it sublicenscs. transfcn or assigns such software products or licenses. Written notice of the u:nns of such sublicense, tranSfcr or assignment shall be provided to the reseller in a form accept.able to the Division of Purchasing. 8. TO lHE EXTENT AurHORlZED BY LAW, lHE ENROUJNG ENTITY SHAll INDEMNIFY . SA VE. AND HOLD liARMl£SS 1llE DEPARTMENT OF PERSONNEL. STATE OF COLORADO AGAINST ANY AND ALL CLAIMS . DAMAGES. LIABILITY AND COURT AW ARDS, INCLUDING COSTS. EXPENSES, AND A Tl'ORNEY FEES, INCURRED AS A RESULT Of BREACH OF OBLIGATIONS UNDER 'I1US AGREEMENT OR 1llE PR.OGRAM ANDIOR LICENSING AGREEMENTS REFERRED TO HEREIN BY lHE ENROUJNG ENTITY. OR ITS EMPLOYEES, AGENTS, OR ASSIGNEES . City of Englewood Authorized Signature Thomas J. Burns, Mayor l\TTEST: -toucrishia A. Ellis, City Clerk Department of Personnel State Purchasing Director ----. . ' • ' < • • • 0 f ?vi - - • • • • • COUNCIL COMMUNICATION Date October 5, 1998 10 a iii Staff5owce .. Subject Grant of Water Line Easement on South Raritan Street and West Evans Avenue Utilities Department Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED AC110N The Water and Sewer Board, at their September 15, 1998 meeting, recommended Council approval of the Grant of Water Line Easement located at S. Raritan Street and W. Evans Ave . BACKGROUND, ANALYSIS, Nm ALTERNA11VES IDEN11FIED Durornac Partnership wants to build a warehouse on the vacant land at Evans and Raritan. There is presently no water service available to the vacant parcel. Duromac is planning to construct a 6" water line extension, at their sole expense, to service the proposed warehouse. The property owner on the south (Mr. VanderHorst at W. Adriatic and S. Raritan) has also submitted a Grant of Water Line Easement for the portion of the water main that aosses his property to enable the water main to service Duromac's property. This will benefit the City by establishing a looped water main at Te;on and Evans. The water main wiU, after a one-year warranty period, be deeded to the City. This will enable acfiacent properties to purchase water taps off this section of main . Duromac will incU' al cosls for main construction. Durornac will incur all costs for main construction. UST OF ATTACHMENTS Proposed Bill for Ordinance Grant of Water Line Easement at West Evans and South Raritan .. • • , ORDINANCE NO ._ SERIES OF 1998 • • • <. BY AUTHORITY A BILL FOR ,. COUNCIL BILL NO . 63 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AUTHORIZING A GRANT OF WATER UNE EASEMENT BE1WEEN THE CITY OF ENGLEWOOD, COLORADO AND DUROMAC PARTNERSHIP FOR THE PURPOSE OF TNSTALJ.JNG A WATER MAIN ON A VACANT SrTE AT WEST EVANS AND SOUTH RARITAN. WHEREAS, Duromac Partnership submitted a Grant of Wat.er line Eaaement agreement for the purpose of installing a water main t.o allow water aervioe t.o the property located at South Raritan Street and Weat Evans Avenue ; and WHEREAS, the proposed eaaement would allow the Duromac Partnerahip t.o construct a 6" water main t.o this property for the purpoee of building a warebouae on a vacant site ; and WHEREAS, the proposed water main will benefit the City by establiahing a looped water main from Raritan and Adriatic to Tejon and Evans which after a one-year warranty period will be deeded to the City so that adjacent properties will be able to purchase water taps off this section of main; WHEREAS, the Enclewood Water and Sewer Board recommended approval of the Grant of Water Lme Easement for thia property at the September 15, 1998 meetinc; NOW . THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. AS FOLLOWS: Sertior l . Tbe Grant Of Water Line Ea.ment between Duromac Puu.nlup and the City of Englewood, Colorado, attached hereto u Exhibit 1. 18 hereby accep1led and approved by the Englewood City Council. $cg.jgp 2 . The Mayor 1B authonaed to execute and the City Clerk 11D au..t and -1 the Grant of Water Lme Easement qftement for and on behalf of the City ol Englewood, Colorado. Introduced, read m full , and pueed on 6rat reading on the 5th day ol October, 1998. • I • ------' -.. .. • • I -• • • Published as a Bill for an Ordinance on the 9th day of October, 1998. Thomas J . Buma, Mayor A'M'EST: Loucriabia A. Ellis, City Clerk l , Loucriabia A. Ellis, City Clerk « the City « Eapwood, Cokinclo , hereby certify that the a1,av,e and foregoing is a true copy « a Bill far an Ordinaace, introducecl, read in full , and p..-1 on first reading on the 5th day « October, 1998. Loucriahia A. Ellis ·2 · ----- ... . ' ' .. • . • • 0 f ..,.,,. '-1 I • • • G?~:'ill'T OF W)l.TE!<. LINE E)..S~'ll!ENT TH:s GR..i.NT of a wace:-lir.e easement: (t::1is "Granc") is ~~de this 17th dav of Aucrust 1998 by Duromac Partnership ( "Gra.T'ltor_"_) - whose address is 2271 W. Yale Avenue La~ewooc CO 80110 in favor of the CITY OF ENGLEWOOD , COLOR.r..DO, ( 11 Gran1:ee") whose address is 3400 Souch Elati Street , Englewood , CO 80110 ; The pa:-t:~es covenant: a~c agree as follows: 1. Easement: ?rope::-t:y. Tt.e "Easemenc Property" sha_l mea.., t:he real prope:-t:y located in the Counc:y of Arapahoe , State of Colorado , more particularly desc::-ibed on Exhibit A, cons~st:~ng o: ~l~~ pages , at:t:ac~e~ he::-et:o and incor;:orat:ed here~n by re:erence. 2. Consideration. ~.;; conside:-ation for this Grant:, Grantee has paid Granter the s~m of One dollar ($1.00 ) and other geed and valuable cons~derat~on, the receipt of whic:1 ~s hereby acknowledged by G::-a..~t:or . 3. G::-ant o: Wat:e::-L:.r.e Easement:. Granter he:-eby grant:s t:c Grant:ee , it:s successors and assigT.s , a perpet:ual , nonexclus:.ve easemenc (t:he "Wate::-Line Easement") over , unde:-, acr~ss and througl: t:1e Ease~er:t P::-operty for the purpose of cor.st:~ucti~s , operat:ing , ma:.nt:aining , repai::-ing , repl:.c:::!g , r~!:\o -iz:5 ar:d e:"'..la=:~:19 -c:le "Lines; a--:d Appurt:enances ,• as here~na:ce:-de:ined. The "Lines and Appur.::enances ·• sl:all me~ or:e o:-more water pipe_ines a..T'ld all necessa::-y unde::-3round and su::-:ace appurter.ances theret:o necessary o::-des~rable fa::-t::1e 1:::-a:1Smission of water , includ~ng , bu;: not _i:nited t:o , mai~s , conduits , vault:s , v er.;::_a;:ors , e:ectr:.c or other cont:rol systems , cables , wi :-es and con,~ect1 c ~s . 4 . Access. Grantee s:1a:1 have the pe::-petual , ncnexc:u s ive r:.g~t o: i~s::-ess a.~c eg:-ess i~, t:o , o v er , th:-cugh anc across t:1e ~ase~ent P::-cperty for any our-::,ose necessa~y c::-desi:-~le :or t~e full er.joy.i:ent o: t~e-right:s grantee t o Grantee ur.ce::-th:.s G:-ant:. 5. Restoration . Grantee acrees that a:ter the const:::-~ct:ior., ma~nter.a..~ce , repa::-: replace."!'lent , o::- en:arge~ent: i: any for the Lines and AppU-""1:e!lar.ces , GraJ:tee shal_ res.::cre the sur:ace of the Ease:nent Property as nearly as reasor:able possible to t:he grade L~d cond:.tion it vas .-:: X H I B I T l .. . ' • • • , -• • • immediately pr:or co said const~Jc=ion , ma:ntenance , repair, replacement , or enla:::ge~ent, except as may be necessary to acccrr.modace the Lines and Appu:::ce::ia.nces. Grantee agrees co restore and repai::: any improvemen=s of Grancor on the Easement Prooercv which are damaced , modified or altered by Grantee du::::~; said construction~ rr.aintenance , repair, re:;:::acement er enlargeme~c . Grantee fur=her agrees co re~lace any coosoil :::emoved from ar.v cultivated or ac:-:cul c·.i:::a l areas on t::i.e Easement: P:::ooerc v and to remove any excess ea:::ch resu_t:ing from said cons~ruccion , ma:n=e:-i.ance , re:;::air , ::e:;:::acement o::: e .r.la::ge~e:1-c , at: G::a~=ee's sole cost: a~d expense . 6 . No Improvemer.t:s . Granto:: covenants and agrees not to c::msc:::ucc , erect , p_ace or plan any "Improvements," as here::-i.after defined , on the Easement Property without obta:ning the prior w::::cten consent of Gra~cee. "I:':".provements" shall mear1 any st:-.iccure , building , planting , t:::ees o::: sh:::ubbery ocher than a lawn . Gra:-i.tee sha_l have 'Che righ-c to remove , wit~out any l::!..bilicy to granter, any imp:::~vements constructed , erected , placed or planted on the Ease~ent P::ope:::t y w:=ho~t Grantee 's having o~t:ained the prio:: w:::itten consent c: G:::antor. 7. Subjacent a:-i.d Late:::a_ Supper=. Gra:-i.t:or covenants a~~ as=ees chac Grancee shal_ have the rig~c of subjacent and lateral suocort on =~e Easeme:-i.c ?:::ooercv to whatever exte:-i.t is necessa:::y or des::::abla =or the fuil, comp _ete and undiscu:::bed e::Jcy;ne::t o= t~e rishcs granted to Grantee under t:lis Grant . 8. ~ighcs c: Gra~to:::. Gran::o::: reserves the full r~s::t t~ the u.,d:s::~r~ed ownership , use, a::d occupancy of the Ease~en:: P:::=~e:::ty 1::so:a::: as said owners~l?, use , and oc=~?anc_ 1s consis~ant: with and does not i .pa:::: the rights g::a::tec to Grantee ::1 t~is G:::ant. 9. 11..=andor:.-ne:-i.t. I:1 the event: that: Grantee shall a.l::a~dcn the r:gh t:s granted to it ur:der this G:::anc , a_l r1c ~=. tlt e a::d int e:::esc ~ereunde::: of Grantee shal! cease ar.~ te::::n1:1ate , and Gran=or s~all hc:d Easement: Property , as t~e sa~e may then be , f:::ee fro m the rights of Gra..,tee so ata::cor.ed and s~a:: cw:: a __ mo.teria:s and scr~ctu:::es c : G::a::=ee so aba~dcr:ed , ~:::ovided that G:::antee sha_ have a reasona~!e oericd o= t:i~e a=te:: said abandonment in which to re-:ic·.;;a a::y c::: a:_ :.:::es a:-id Appurtenances f:::cm t!-le Ease:r:e::c P:::cpert.y. In t:he eve:::: that Easement is abar:doned by Grantee , G::a::cor s:12._: ~ave the :::i,;f:1.t , at 1::s sole option , co =e=-~:=e -=a~:ee ~c =e~cve o= ne~~ra_ize a~y imp=ove:nenLs co~s=i~c~ed ~~ che Ease~e~~ by Gr3~:ee. 1 . Wa::::::anty cf '!it e . Gra:-i.tor warran::s and :::e?:::esents that Granto::: is the :ee simple owner of Eas e~ent. Proper::y a:-i.d that Granter has f u : right , the title and II' - . . • . ' .. ., • • 0 I ]- • • ,.. · ... • authoritv , that this Grant is effective to grant and convey to Grantee the Water Line Easement, and that this Grant of an easement is superior to all other grants. Granter further covenants and agrees to inde~nify, defend and hold Grantee harm ess from and against any adverse claim to the title of the Easement Property by a!l and every person or persons lawfully claiming or to c_aim the whole or any part thereof. 11. Binding Effect. This Grant shall extend to and be binding upon the heirs , persor.al representatives, successors a..~d assigns of the respective parties hereto. The terms , covenants , agreements a..,d conditions in this Grant sha_l be construed as covenants running with the land . IN WITNESS WHEREOF , the pa=ties hereto has executed this Grant of Water Line Easement the day and year first above written . Jl.t test: Granter: STATE OF COLORADO ) L ) SS. COUNTY OF 11r,qpA-nf)'t!-> Ack.,owlec.5ed before me this /7-&, day of ,A-~ 19!!..L as l).,.,l'f'K Y/,A-NAIPN a.,c _____________ ,.....,,.......,,=-..,..,.._,, ....... ---as P,1rrtiler () o r ~ m 1tC.--I) A /TN~ /T J /,a Mdress : J..,2~ J ~ My Comm .:..ssi o n e.J<?i res :--=.>"'-_..,,_(_,.......;-~'--0-d_~ __ Loucrishia A. Ellis City Clerk Grantee : CITY OF ENGLEWOOD TbOll&S J. Burns T:. t le: Kavor • . .. • , ' . . ' 0 • - • • • EXHIBIT 11 A 11 WATER MAIN EASEMENT PROPOSED BUILDING LOT 2 ., 36' I / ' '------------<....._PIPE LIN E LO CATION ___ s_o_. _RAR ITAN s T. Ii._:--...._....._ __ _ SCALE ,"= 30 ' Water Maio C-eat Lepl Desc:riplioa N O :::c:r_ :==~-- en Z I C > ... Two parcels of !and for EnFwooci water main eascmcm located in lot 1, Block 92, Sheridan Heig!1ts Subdivision. C ity of Englewood. County of Araplboc, Swe of Colorado , more panicularly described as follows Parcel I Commencing a1 lhc SOUlbeasl comer of said Lot I, which is 1hc true point of beginning. tbeace wesi along the 5ald Lot J property line a disunce of 20 00 feel to a poilll; thence nonti at an imerna1 of 90" 00' oo· a dimncc ofl.:S ii!! toapoim. tbax:e oonbeuleriy a an imenial anpofll5 00' oo· a dimnce of:s :9 &et to a poim on tbe eai prapeny line. Lot I wbicb is also tbe wesa rigbl-of-way line of Soulh Raman Street;. !bmce soulh along tbe eut property line a dimace of 21 .21 feet :o the true poiru ofbe;inning. containing 365 6 squarer-. more or less Parcel 2 Commencing al the nortbcut comer of said Lot I, wbicll is the true point ofbeainnin&. thence west a lo ns the wd Lot I property line which ,s also the iOUUI ngbl-of-way of Wes,. EYIDI Avenue a disuncc of:o oo &et to a point , thence nonb at an illlema1 of90° 00' oo· a dimacc ofl.28 fee1 to a point: thence southeulerty a1 an imemal angle of 135' oo· oo· a diaancc of2129 feel to a poun on the cast property line, Lot I whidi is also the wesa nght-of-way line of South lwitan Street, thence north along the cast property line a diaancc of :a 21 feel to the true point of begi.nnmg. containing 36; 6 square feet, more or les5 Prepared nKo~ ~ Epsw~n diresuon and supervisioo ~I, /µ._ MerbM W Van Dyke, L. 94 71 For and oa behalf of Duromac Pannrnbip D&IC 8 -,,~-Pt; OryoCE-. wood Domestic Wlleriiac ~ -... ... ' • . • . ( • 0 I ]- • r • .. . • ' COUNCIL COIIIIUNICATION Dale Agendallam SUblect Grant of Water Line Easement on South Raritan Street and October 5, 1998 10 a iv West Adriatic Avenue lnilialad By Utilities Department I Staff Source Stewart Fonda. Diredor of Utilities COUNCL GOAL MID PREVIOUS COUNCIL ACTION None. AECOIIIIENDED ACTION The Water and Sewer Board, at their September 15, 1998 meeting, recommended Council approval of the Grant of Water Line Easement located at S. Raritan Street and W. Adriatic Ave. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Mr . VanderHorst has submitted a Grant of Water Line Easement to allow the Duromac Partnership to construct a 6" water main to their property at S. Raritan Street and W. Evans Ave. Duromac Partnership is planning to build a warehouse on a vacant site at Evans and Raritan, where there is presently no water service available. The pioposed main will benefit the City by 8Slllblishing a looped water main at Te;or, and Evans. The water main will, after a one-year warranty period, be deeded to the City. ~ properties will be able ID plMChase water taps off this section of main. FINANCIAL .. M:T None. UST OF ATTACHIIENTS Proposed Bill for Ordinance Grant of Water Line Easement at West Adriatic and South Raritan 111-. ~ . , • . , .. • • 0 , I - ORDINANCE NO._ SERIES OF 1998 • • '· BY AUTHORITY A BILL FOR y coc::,.;c1L BILL NO. 64 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AUTHORIZING A GRANT OF WATER U:-.."'E EASEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO A.'ll"D RALPH VANDER HORST FOR THE PURPOSE OF INSTALLING A WATER ~WN ON A VACANT SITE AT WEST ADRIATIC AND SOUTH RARITAN. WHEREAS, Ralph Vander Horst aubmitted a Grant of Water line Easement agreement for the purpoee of inatallinc a water main to allow water service at South Raritan Street and West Adriatic Avenue ; and WHEREAS, the proposed easement would allow the Duromac Partnenhip to construct a 6" water main to this property for the purpose of building a warebouae on a vacant site; and WHEREAS, the proposed water main will benefit the City by eatabliahinc a looped water main &om Adriatic and Raritan to Tejon and Evans which after a one-year warranty period will be deeded to the City ao that adjacent properties will be able to purcha.ae water taps off this section of main; WHEREAS, the Englewood Wat.er and Sewer Board reco-ended approval of the Grant of Water Line Easement for this property at the September 15, 1998 meeting; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO . AS FOLJ.OWS : Scctioo l. The Grant Of Water Line Eaaement between Ralph Vander Hont and the City of Englewood, Colorado, attached hereto aa Exhibit 1, ia hereby accepted and approved by the Englewood City Council . 5cct&on 2 . The Mayor ia authorized to euc:ute and the City Clerk to att.eet and seal the Grant of Water Line Euement qreement for and on behalf of the City of Englewood , Colorado. Introduced, read m full. and paased on lint reading on the 5th day of October, 1998. -1- ' , • . • • 0 I ~" I - - ,. • • • • · ... • r Published as a Bill for an Ordinance on the 9th day of October, 1998. Tbomaa J . BW'DII , Mayor ATTEST: Louc:riahia A. Ellis. City Clerk I. Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoinc ii a true oopy of a Bill for an Ordinance, introduced. read in full, and paaaed on first readinc on the 5th day of October, 1998. Loucriahia A. Ellis -2- ------ . .. .. . ' • . • • 0 l • • ,. • I• - GR.JI.NT CF W1'.TSR LI:bl"E EASEMENT TS:s GRJl~"'T of a wate= line easement (this "G::-ant") is made t:i:.s 17th day cf August , 19 98 by Ra1;ib vandetHarst ( "Gra.."ltor_"_l __ whose acciress is 3063 s Columbine, Denver co 802!0 in favor of the CITY CF ENGL.:.-WCCD, COLORADO, ( "Gram:ee II J whose address is 3400 South Elati Street, Englewccd , CO 80110; The pa=ties covenan~ and ag::-ee as follows: 1. Easement P::-ope=-:y. The "Easement Prope=-:y" shall mean the real proper~y located in the County cf A::-apahoe, State of Colorado, more pa=~icularly desc::-ibed er. Ex.~ibit A , cons:..st:.ng of _1 ____ pages, attached he::-eto and in=crpcrated herein by reference. 2. Cons:..de::-atior.. As consideration for tr.is Grant , Gran~ee has paid Granter t~e sum of One do-la= (Sl.00 ) and ot::ie::-good and valuable consideration, the ::-ece:..pt of which is he::-eby acknowledged by G::-a."ltor. 3. Gra.;t cf Wate::-Line Easement. Gra:ito::-herebv grants to G=antee , its s~ccesscrs and assigr.s, a perpe;ual, none.-cclusive easeme:::.t (':~e •water Line Easement") over, U."lde::-, ac::-oss and t::iroug~ the Easement Prope::-ty for the PU=PCSe of constr~ctir.g, operating, ma.:..ntaining , repa:.ring, replacing, ::-emoving and enlarging the "Lines a.::.c Appu~enances ," as here:..~..a.!te::-defined. The ·~ines and Appu::-tena."lces" shall me5.r. one or mere wate::-pi;elines and all necessa::-y U."lde::-;::-ou::d and aurface appurtena.~ces thereto necessary or desirable fer the transmission of wate::-, i~cluding , but not limi~e~ to , maina , conc:u:.=s , va:il~s , ventilators , electric er other control syate!!l!I , cables, wi::-es and cor.:1ections. 4. Access . Gra::.~ee shall have the pe::-;e~ual , nor.exclus ive right of i~c=e•• and egress in , to , over , th::-ough and acr:ss the !asement Prope::-':y for ar..y pu_-:pose necessary o::-desirable !:r the full •~j oynient of the rights s=anted t c Grantee ur..der th:.s Grant. 5. Restoration. Grar..tee agrees that a!ter the con•t=-~ction , mainte::l&!::e , re,air, replacement, or er,.largement i! &."l.y for t:::.e Lines and AppUne."l&nces , Grantee shall restore the aur!a:e of the Easemant Property a• nearly as reasor.&ble poas1ble to the grade and cond!ticn it was E x, H I B I T 1 ., •· ' . , • 0 ,, • I# -• • • immediately prior to said construc~ion, maintenance, repair, replacement, or enlargement, except as may be necessary to accommodate the Lines and Appurtenances. Grantee agrees to restore and repair any improvements of Grantor on the Easement Property which are damaged, modified or altered by Grantee during said construction, maintenance, repair, replacement or enlargement. Grantee further agrees to replace any topsoil removed from any cultivated or agricultural areas on the Easement Property and to remove any excess earth resulting from said construction, maintenance, repair, replacement or enlargement, at Grantee's sole cost and expense. 6. No Improvements. Granter covenants and agrees not to construct, erect, place or plan any "Improvements," as hereinafter defined, on the Easement Property without obtaining the prior written consent of Grantee . "Improvements" shall mean any structure, building, planting, trees or sh:=ubbe:y other than a lawn. Grantee shall have the right to remove, without any liability to grantor, any improvements constructed, erected, placed or planted on the Ease~ent Property without Grantee's having obtained the prior written consent of Grantor. 7. Subjacent and Lateral Support. Granter covenants and asrees t~at Grantee shall have the right of subjacent and lateral support on t~e Easement ?roperty to whatever extent is necessary or desirable for the ful_, complete and undisturbed enjoyment of the rights granted to Grantee under this Gra:-it. 8. Rights of Granter. Granter reserves the full rig:1t to the undisturbed ownership , use , and occupancy of the Easement Property insofar as said owners~i?, use , and occu?ancy is consistent with and does not impair the rights granted to Grantee in this Grant. 9 . Abandonment. In the event that Gran~ee shall abando n ~~e rights granted to it u.,der this Grant, all rig h t , title and interest hereunder of Grantee shall cease and termi~ate, and Granter shall hold Easement Property, as the same may then be, free from the rights o: Grantee so abandoned and shall own all materials and str·.1ctures of Grantee so abandoned , provided that Grantee shall have a reasonab_e period of time after said abandon~ent in which t o remove ar.y or a_l Lines and Appurtenances frc m the Easement Property. In the event that Easement is abandoned by Grantee, Granter sha_l have the right , at its sole option, to recruire Grantee to remove or neutralize any im-::,rovements constructed in the Easement by Grantee. - 10. Warranty of Title . Gr.antor warrants and represents that Grantor is the fee simple owner of the Easement Property and that Granter has ful_ right, title and ' < • . .. • • 0 , - • • "'~ . • . • . . ' authori-.:y, t h at this Grant is effective to grant and convey to Grantee the Water Line Easement, and that this Grant of an easement is superior to all other grants. Granter further cov enants and agrees to indemnify , defend and hol d Grantee harmless from and against any adverse claim to the t i tle of t~e Easement Property by all and every perscn or persons lawfully claiming or to claim the whole or any part thereof. 11. Binding Effect. This Grant shall extend to and be binding upon the heirs, personal representatives, s u ccessors and assigns of the respective parties hereto . The terms , covenants, agreements and conditions in this Grant sha:l be construed as covenants running with the land. IN w::'NESS WHEREOF , the parties hereto has executed this Grant of Water Line Easement the day and year f~rst above writ-.:en. Attest: Granter: STATE OF COLOR.lU)Q ) COUNTY OF /tr!t-~O<!-I ss. Acknowl edged before me _t!:µs f-,1,..lj_a _____ day~f~~ -..----------' 1su_ as R~ deq:=.-_ a n d as..,_ 6",~----- A~w~ -~ _ftC). My Comm i ss ion exp i res : ,5-((, -.zi_oa-.,;i__ Attes t : Loucriahia A. Ellis City Clerk Grantee : CITY OF ENGLEWOOD Thomas J. Burn• Title :_ ....... Ktl-.lCC>JMor,__ _______ _ . ' • . ' .. • • 0 , - ,. • • • . . EXHIBIT 11 A 11 WATER MAIN EASEMENT li 30 ~ AL~~y 1 3 BLOCK BUILDING IOO' 2.7' LOT 2 ~ LOT 47 t LOfr LOT I 34.7 LOT 48 wJ 1, . LOT 48 tl5 1 WATER MAIN EAS81El'iDT 48 .,.---------- ( 15° _ P~p~e~ ~el~~ _ _I ____ , l -C~B ' xisting Pipeline 30 + ----- SCALE 1": 30 ' Water Main Easement Lepl Descriptioa _ ..... i __ ___.,,......-~ _ ct_SO.RARITAN ST . NO '-~--= A fifteen (15) foot wide pared of land located in Lot 48, Block 92, Sheridan Heights Subdivision, City ofEnglewood, County of Arapahoe, Swe of Colorado, more particularly described as follows : The east l S feet of Lot 48, Block 92, Sheridan Heights Subdivision, City of Englewood, County of Arapahoe, State of Colorado . Prepared Merline W . Van Dyl.:e , L. S. o . 9471 For and on behalf of Ralph V ander Horst Date: B ~~-9:Y City of Englewood Domestic Waterline Easement . ' • . ,,; •· • 0 , ~• ]- ORDINANCE NO. _..;. SERIES OF 1998 . ' (. • • • BY AUTHORITY ,. COUNCIL BILL NO . 49 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE PRO::PUTI' SYSTEMS, INC. AGREEMENT. WHEREAS, the Englewood City Council approved an agreement for a miniature golf course at the Englewood Golf Course by the passage of Resolution No . l , in 1988; and WHEREAS, in 1990 the Englewood City Council passed Resolution No. 67, authorizing a change in the contract to include a Go Kart facility ; and WHEREAS, the City Council passed Resolution No. 49, in 1992 amending the agreement regarding fees and allowing a deduction of the cost of insurance for Go Kart rentals from its monthly fee payment to the City; and WHEREAS, in 1994 the City Council authoru.ed a lease of the Clubhouse Building by the passage of Ordinance No . 30 ; and WHEREAS, the City Council passed Resolution No. 40, Series of 1995 amending the existing agreement to include a Drag Strip at which time the contract was amended and the insurance deduction was inadvertently omitted; and WHEREAS , by the passage of this Ordinance the Agreement will be amended allowing the deduction for the insurance cost from gross sales; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO, AS FOLLOWS : $eg,19n I . The City Council of the City of E111lewood, Colorado hereby authoru.es an amendment to the "Agreement For Operation Of Miniature Golf Course And Go Kart Track-1995" under Section 4-C , amendin& the Agreement allowing the deduction of liability inauranoe cost for Go-Kart and l>rapter conceaaiona from ita monthly fee payment to the City , a copy ia attached hereto u "Exhibit A." $ect;jon 2. The Mayor and the City Clerk are hereby authorir.ed to sign and attest said Agreement on behalf of the City of Englewood . Introduced, read in full, and paned on fint reading on the 21st day of September, 1998. -I - " -. ' • - 10bl .. • • C , ~• ]- • • • AGREEMENT FOR OPERATION OF MINU,TURE GOLF COURSE AND GO KART TRACK · 1995 THIS AGREEMENT is a contract that is bindinc upon the parties, who are the CITY OF ENGLEWOOD [hereinafter "City"] and PRO:: PU'M' SYSTEMS . INC . [hereinafter ·Operator"]. IT IS THE l:!'<i'ENTION of the parties that there be a twenty-eeven (27) hole miniature eoli' course and Go Kart facility to be constructed and operated in a beneficial and MSthetically compatible manner upon a portion of the premises of the existing Enclewood Municipal Golf Course . NOW , THEREFORE . in consideraoon of the covenants and agreements herein contained and of the fees and morues hereinafter set forth . the parties mutually acree and contract u follows : 1. Richt to OccuP'' and Qpea1te The City hereby grants the exclusive right, license , and privilege to Operator to construct . operate . maintain and provide ameruties for a twenty-seven (27) hole miniature rolf course . Go Kart facility , miniature drar strip. boat ride facility , bike and trail rental facility and clubhouse upon a parcel of land described in Exhibit A attached hereto. and wluch is presently a pan of the exi.stin( Enrlewood Municipal Golf Course . The Clubhouse and ei(hteen (18) holes shall be wheelchair acceuible. Such construcnon. operation. maintenance and provision of amenities shall hereinafter be referred to as "Concession.· The City shall at all wnes retain and maintam its ownership of the real property so occupied. No other activity may be conducted pursuant to thli Acreement without the written consent of the City ~lanapr. 2. Conccaaion Sub1cct to APPtPYBl The Concession and its operation, includins construction. deaisn. aisn&P, maintenance , and provision of amenioes, u well u all activities set forth in the followmc paragraph. shall be subject to the approval of the City , throush ita designated representative , which approval may be granted or withheld in the City's sole discreoon for any reason when actins in sood faith. The City must act promptly in decidins to ll'ant or withhold its approval for any action of the Operator affec:tin( the Concession. The Operator must promptly provide the City with any and all detaih of, or cb.a.npa in. or make available upon rwqueat to the City any and all detaih of. or chanpa in. tbe followins: Go Kart eqwpment, construction denp. location. landKapins, ecbedwilll, materials. standarda. contractors, aubcoatractora. worlrins penonml name, operational deaisn, layout, locaooa. landecap1J11, hours and days of operation. t ) .. t . /. . ' • . .. •· • , ]- • • • materials, standards, signage, employees, employee dresa, food and drink, sale good.a, concession items, all business accounts and boob, receipt totala, and any and all business records reasonably necessary to determine accurate. true and correct fees due and owing to the City. Operator shall keep and maintain detailed records of all sales of any kind whatever and of all expenditures in the construction and operation of the concession. If at any time, come or any portion of the construction or desicn of the concesmon or ita operation is unsatisfactory to the City in ita sole discretion. then the City may order and require that such concession and/or operation be altered and cha.npd forthwith in a fashion determined by the City in its sole satisfaction and at the Operator's sole expense. 3. Imzl. This Agreement shall be in effect through September 1, 2010, unless sooner terminated pursuant to the terms set forth herein; and the Operator shall have the exclusive right to renew for two (2) successive, additional five (5) year terms. Renewal shall be automatic unless either party gives written notice no less than sixty (60) days prior to the expiration of the then current term of this Agreement that renewal is terminated. This Agreement is not and shall not be construed as a franchise, and the City and Operator shall have the right to mutually and/or unilaterally cancel this Agreement as set forth herein. 4. fill. The operator shall compensate the City by monthly payments for the following items: A. Miniature Golf -beginning January 1, 1995 -10% of the grou income from the grou gate fee or of any other fee for admission for the miniature eolf conceaaion. Beginning January 1, 1996 -11 % of the grou income from the grou gate fee or of any other fee for admission for the miniature irolf concession. Beginning January 1. 1997 -12% of the grou income from the sross gate fee or· of any other fee for admission for the miniature irolf concession. Beginning January 1, 1998 · 13% of the irroaa income from the cross gate fee or of any other fee for admission for the miniature irolf concession. Beginning January 1, 1999 · 14% of the gross income from the sross gate fee or of any other fee for admission for the miniature irolf concession. Beginning January l , 2000 · 15% of the grou income from the sross cate fee or of any other fee for admission for the miniature irolf concession. -2- ,. - . ' • . I· • 0 , I -• • • '· B. Go-Kart, Jr. Dragster and Boat Rental • becinninl January 1. 1995 · 10% of the pou income from the grosa pte fee or of any other fee for admission for the Go-Kart, Jr. Drapter and Boat Rental concession. Bqinniq January 1, 1996 · 11 % of the croaa income from the sn,aa pte me or of any other fee for admiasion for the Go-Kart, Jr. Drapter and Boat Rental conceui.on. Belimun( January 1, 1997 • 12~, of the croea income from the gross pte me or of any other fee for admission for the Go-Kart, Jr. Drapter and Boat Rental conceui.on. Belimun( January 1. 1998 • 13% of the croea income from the 11"()1111 pte me or of any other fee for admisaion for the Go-Kart, Jr. Drapter and Boat Rental conceuion. Belimun( January 1, 1999 -14% of the srou income from the crou pte Cee or of any other fee for admiasion for the Go-Kart. Jr. Drapter and Boat Rental conmaion. BelinniDg January 1, 2000 · 15% of the croea income from the gross pte me or of any other fee for admiasion for the Go-Kart, Jr. Drapter and Boat Rental concession. C. PRO :: PUTI' SYSTEMS. INC . will be allowed to deduct the liability iDaurance coat (not to exceed $2.000 annually) for Go-Kart and Drapter concesaiona from ita monthly fee paymenta to the City of Enc!ewood. D. Mountain Bike and other Trail Rental -15% of the cross income for the t.erm of the Acreement. E . Food and drink sales 10% of the gross income for the term of the Acreement. All fees ,hall be due and payable within fifteen (15) days after the end of the prior month. Reports with sufficient information and approval by the Director of Financial Services shall be made for each month the concesaion is operated. Failure to make timely payments u required shall cause a finance charp to accrue against the Operator and for the City in an amount equal to one and one-half percent (1.5%) of the unpaid balance per month. A.JJ.y such failure to make payment shall be considered a mate!:"'.al breach al tbia Acreement. 5 .~. Parkinc shall include thoee emtin& parkinc spaces presently available to tba Enclewood Municipal Golf Coune. 6. Citt P1rtidp1tion . - In addition to thoee matten Ht forth elsewhere herein. the City shall a1ao pay the charp for the water tap and the Hwer tap . The water tap and •-r tap 1hall at all timea be tba property of the City of Enciewoocl. The City shall pay for the i.natallatioll of a lire hydrant within one hundred (100) feet of the clubhouse. The City shall pay far the inltallation of the water and Hwer linn. The Operator shall be rwpoaeibla far all service cb.arpa on wat.er and Hwer 1ervice. -3- --·' ' ' • I· , . . • 0 • • ·, • 7. Utjljtjca and $es;uritv. The Operator shall be responsible for installation, proviaion and payment f'or all utilities (except water and sewer to the extent they are comidered and coutrued to be utilities u set forth previously herein). Security shall be tbe reaponaihility of the Operator, who shall ensure that the public, and any tresp-r(a), ah.all not occupy and uae the conceuion and its premiaea when it ia not open for buainaa. 8. Penozmel and Maintenance. The Operator ah.all be reaponaible for Providinc any and all permnml for operation of the concnaion. and for proper maintenance thereof, auhject to tbe City's approval u Nt forth above. The Operator shall be reuonable mr maintaininJ that area two t'aet (2') outaide perimeter fence to the sole satisfaction of the City. The City shall be responsible for maintenance of remainiq City property. inclwiins -maca. 9 . Safetv of the Public The Operator shall operate the conceuion so u to keep tbe public and its users safe from reasonably foreaeeable harm. Azly and all iltjuria or damqe to the public shall be reported to the City within oae bour thereof, or if ,ame lhould occur after City hours or on weekends. then by 8 :30 a .m. the next work.in( day. 10. Pbcdicacc to All Laws and P1m1at of ,n Cb1m1 Operator shall obey and immediately comply with any and all applicable local. state and federal requirements, ordinances, rqulatiom, rules, lawa and statutN. Operator ,hall also comply with all ordinances, resolutions and rules al tbe City of Eqlawood. Operator shall pay all taxes, fees and charps impoeed by others on it's coacel&ion operation. 11 . PcriPcn,acc Bgpd The Operator shall furnish to the City a perf'ormance boad in tbe amount al Ten Thousand Dollan (Sl0,000) cuaranteeinc faithful performam. and pa:,mem di all tenzu, covenants, and conditions blrein, u -u u c:ompU.-wich ~ and all applicable local. 1tate and federal requiremenu. retulatiou, rules , laws and statutes u well u in the event of comtruction of improvemanu. -4- • . '. I I .. • • I • • - <. 12 . Indemnification and I01urance Before any construction or any activity related to comtruction shall commeIIA:I!, the amount of which will exceed Ten Thousand Dollan ($10,000) in whole or~ ;,art, or any activity related to construction, the Operator shall provide a payment a.:d performance bond to insure payment of all obliptiona incurred aa a result ~i said coDJ1truction or activity. The performance bond shall be in a form approved~ the City. The Operator shall before any coDJ1truction becina procure and maintain in f.ill force and effect at it's sole expense a public liability inaurance policy namin( the City u an additional named insured. This policy shall remain in full force and effect ::::m:inuoualy during this and any succesaive term of this Acreement, and it shall include comprehensive liability coverage u follows : $1,000.000 for injury or death :i any one or more persona : Sl million for injury or death occurrinc as a result of any :i= accident; $1 ,000,000 for property damage; $1,000,000 for product liability . A certificate evidencing said insurance policy shall be kept on file at all ti=es 'IVith the City and it shall contain a provision that it may not be altered, amended or :::inceled without first giving written notice to the City thirty (30) or more days prior ~:-eto. Such policy or policies shall contain no right of subrogation against the City . The Operator hereby indemnifies the City from any and all claims against:: uiaing from any activities pursuant to this Agreement. The City owns and operate-: 3 municipal golf course nearby and each party is resp0DJ1ible for its own ope:-a=na. The Operator agrees to carry adequate loat business, general business, 5..~. :ileft, personal injury and property damage insurance covering all aapec"..a of the :::::::ceuion operation in an amount and with a company to be approved by the City O,~..or of Financial Services. All policy or policies shall contain no right of subroption apinat the City. 13 . Inspection of P;::mi,cs . The City shall have the richt to examine and inspect the premises. includ '-i· :,n reuonable notice . private office areu. 14 . No ;\11irnmeot or Suhlettinr The Operator, may not Mil, usi,cn. morqage, 1ublet or otherwise convey . ~:eue or paaa on any part of its intere1t in the concellion without the prior penni.ss:.:::: of the City. which has a right of lint refuaal u Mt forth below . The Operator, c::.17 :iot suffer or cause a lien to be filed againlt the concellion or any part thereof. The Operator shall be reaponaible and liable to the City for any and all fen 3!1d paymenta to the City, u well u any and all other terma and conditions c: :;:;.a Acreement. Such usicnment to the Bank/SBA ii conditioned upon the City havin( a:-.¢.: of!nt refuaal to approve 1w:ceuor Operator appointed by the Banlr/SBA. Uthe C:":: refuNe a propoNd 1uccneor operator other than for cauae, City will cub out the '.ea:.. -5- .... • . •· • 0 I I - - • "' - • - 15. Material Breach The parties agree that the happening of any of the followin( events shall constitute a material breach of this Agreement and City may, at its election. terminate the Agreement upon the happening of any of the following events: a . Operator shall fail to maintain and operate the concession according to the terms of this Agreement. b . Operator shall fail to pay the City the fees provided in Pa.ragrapha 4 or 5, whichever is applicable, within thirty (30) daya of date when they are due. c. Operator shall deny the City the right to inspect the concession at reuonable time, upon notice . d. A:rly uaignment or transfer of any interest of Operator without the City's approval. e. Operator shall be bankrupt as defined by the laws of the United States, of America. become insolvent. or a receiver , whether permanent or temporary, for all or substantially all of the Operator's property shall be appointed by any Court, or Operator shall make a general assignment for the benefit of it's creditors, or a voluntary or involuntary petition under any bankruptcy law shall be filed with respect to Operator. f. Operator shall fail to keep in effect insurance u provided herein. 16. ffi•b& o{Fi,at Refusal. In the event that the City gives ita permiuion to the Operator to aell the conceuion. the City may exercise a first right of refusal as follows : Operator must present a bona fide offer of sale-purchase to the City. The City may then match or exceed the aale- purchase price and purchase the coaceuion. 11 . Effm ofieminatjgn by City. Upon termination of this Acreement by the City upon a material brucb. the City eba1l have the option for thirty (30) days following such termination to purcbue Ope_rator1 leuehold improvements. fixtures, 1igns, equipment and ocher property for a IWD equal to the fair market value leu all monie, due to the City under thia Agreement. Fair market value shall be determined by two appraisen. one appraiaer aelected by the City and one appraiser selected by the Operator. If the• two appraiaen fail to agree on fair market value, then the two appraisers shall select a third appraiaer who determine fair market value of the property. If the City refuses to purchaae the improvements then the Operator shall have thirty (30) days to remove the fixtures and equipment. The City may withhold su1&cient fixture, and property in order to pay all monies due to the City under thia Acnem.ent. A:rly aum to be paid shall be ofl'aet by any payment to third parties. -6- • . ; • . .. I· • 0 , ]- • 11- ,.. • ,. ·., • (, 18. In4c Name The trade name of RIVERSIDE MINIATURE GOLF CLUB ah.all remain at all times the property of Operator unlNI purcbaNd by City. 19. Iccrnioetion bx Qncnttnr Thia Asreement may be terminated by Operator upon mty (60) da:,a' written notice to the City. Operator eh.all. at it'1 option, baft the ri(ht to remove all buildinp, furniture, !nurea. aipa. equipment and other property and luNhold improvementa within thirty (30) da:,a of DOtice ~ tarminatiall dalivved to the City other than thme improvementa 1upplied by City, wbich are water and -tap and &re hydrant. 20. Qelina tIPAP Ttminetim Subject to the terma of thia Apeement. Operator lhall daliftl' the c:oamuion and premiaee to the City at tarmiD.atiaD of thia Acreement in u aood c:aadition and 1tate of repair u when receivwd, escept for ordinary wear and tear or Joa or damage caUHd by act of God. 21. For:s:c Maiucn:. Performance of thia Apement lhall be ezcuaed if rendered impoeaible by act of Goel. 22. AttolJW' &a A:D.y breach or failure to pay my fee reqwnd hereby 1ball entitle the aucceeeful party, wbo wu required to collect a fee awn or c:barp or enmrce thia Acnement. reuonable attorneya feea and coeta of collection. SO AGREED . CITY OF ENGLEWOOD By: _____________ _ Tbomaa J. Burm. Mayor ATI'EST: Louc:riabia A. Ellia, City Clerk Data: ________ _ PRO:: PUTl', INC. ~~~ Scott L. Simp ~ Date: ~/µ,;:,y I , -7- __........ ... '' . , • ' .. •· • 0 , OIIDINANCE NO._. SERIES OF 1998 <' • • - BY AUTHORITY ... COUNCIL BILL NO . 56 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND THE CITY OF ENGLEWOOD PERTAINING TO A GRANT ESTABLISHING A TRAFFIC ENFORCEMENT PROJECT. WHEREAS . City of Englewood Safety Services Department has applied to the Colorado Department of Transportation (COOT) for a grant to establish a traffic enforcement project; and WHEREAS , the COOT Grant will establish resources which will enable the police division to initiate a comprehensive traffic enforcement project; and WHEREAS, the monies from the COOT grant will allow funding of two motorcycle officers and one traffic officer asaigned to the Englewood Impact Team who will be responsible for aggresaively enforcing those violations that cauae accidents and/or diarupt the quality of life in the community; and WHEREAS , the Englewood Police Division's primary goal ia to reduce accidents at the top five accident locations within the City by 10% over the three year period of the intergovernmental agreement with COOT; and WHEREAS, another goal of thia project ia to improve the quality of life on the community by effectively addresaing traffic isaues that compromise safety and diarupt the quality of life; NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : $cct,ipn 1. The City Council of the City of Englewood, Colorado hereby authori7.es the Intergovernmental Agreement between the Colorado Department of Transportation (COOT) and the City of Englewood, a copy of which ia marked as "Exhibit A" and attached hereto. $ectjon 2. The Mayor and City Clerk are hereby authori7.ed to sign and attest aaid Intergovernmental Agreement on behalf of the City of Englewood . Introduced, read in full , and pasaed on first reading on the 21st day of September, 1998 . -1- ..... ' ' • . I· I • 0 - - • • ,. ·~ • '· Published as a Bill for an Ordinance on the 25th day of September, 1998. Read by title and passed on final reading on the 5th day of October, 1998. Published by title a1 Ordinance No . ~ Series of 1998, on the 9th day of October, 1998. Thomas J . Burns, Mayor ATTEST: Loucriahia A. Ellia, City Clerlr. ,. I , Loucriahia A. Ellia, City Clerlr. of the City of Englewood , Colorado, hereby certify that the above and foreaoinc ia a true copy of the Ordinance paaaed on final reading and publiahed by title u Ordinance No . ~ SeriN of 1998. Loucriahia A . Ellia -2 · .. ' , • . 4 ... .. • • 0 - • • • • DEPARTMENT OR AGENCY :'14UMBER CONTRACT ROUTING NUMEER CONTRACT THIS CONTRACT. made th is __ day of 19SS . by and between the State of Colorado . for the use and benefit of the Department of Transportation, Office of Transportation Safety . 4201 East Arltansas Avenue, Denver, Coloracc S0222. hereinafter referred to as the State. and the City and County of Englewood. fer ~e use and benefit of the Englewood Police Department. 3615 S. Elati Street, Englewood . :o 80110 , hereinafter referred to as the Contrador, WHEREAS, authority exists in the Law and Funds have been budgetec . acpropriated and otherwise made available and a sufficient unencumbered balance thereof -emains available for payment in Fund Number 400, Appropriation Code 303 , Orgn Unr: i823. Contrad Encumbrance Number 9710, GBL Number 212A. FEIN Number 84ec::sa3; and WHEREAS . required approval , clearance and coordination has been ac=::mplished from and with appropriate agencies ; and WHEREAS , the State is authorized under Sections 43-5-401 and 24-!,-• :3. C .R .S .. as amended, to coordinate with the federal government and other entities tc :e. e !op and implement plans and programs involving all aspects and components of traffic sa~?y in Colorado : and WHEREAS , pursuant to Title 23 United States Code. Sec:ions 402 . 4C: and 410. and to 23 Code of Federal Regulations. Parts 924, 1204 and 1205 . the State -as -eceived as,proval and funding for implementation of its Fiscal Year 1999 Highway Safe:-_. =!an (HSP) from the U .S . Department of Transportation , National Highway Traffic Safer1..:.:~1niatraticn and Federal Highway Administration ; and WHEREAS , the HSP contains programs and activities which the State -.s determined. in accordance with applicable criteria. are designed to reduce :t:e ~uency and severity of traffic crashes or improve the operational efficiency of existing traf.':: safe?y programs in Colorado; and WHEREAS. the State solicits and ntViewa Applic:ationa and determir:es .--,c.., agencies or entities would be moat appropriate in completing the objectives . ::-:ucting the activities and providing the services required by the HSP; and WHEREAS . the Contrador has aubmitmd an Application to conduc: :e-..a .n activities approved in the HSP. which Application has bNn approved by the State ; arc WHEREAS , the Contractor. a political subdivision of the State, has :t"e :e:..,nical ability to properly complete the objectives and activities of the Application , as :es:::ibed in Attachment A.of this Contrad; and WHEREAS , it has been determined no State agency can reuonatly ::-:u d the activities and provide the services required of the Contractor; and WHEREAS , this contract is executed by the State under authority cf 5 •:::cns 43-!- 401 and 2.._.2-101 , C .R .S .. ••amended.and is executed by the Contrac:tcr .~:er authority of Section 29-1-203 . C .R .S ., as amended . and• authorized by the formal ·es : -~on attached hereto as Attachment A ; and Page 1 of 10 pages I! )I .. I • I T .. . , • • 0 , -----------------------.'.'.:"'"""--------------,----------------., ]- • • ·, • (. WHEREAS . the Contractor warrants it has taken all necessary steps to ens~~ :he individual Contractor signatory below has the authority to sign this Contract. NOW THEREFORE, it is hereby agreed as follows : 1. The following Attachments and other documents are incorporated as terr.s and conditions of this Contract, to the extent consistent with this Contract. A State "Special Provisions" B. Attachment A -Contract Objective and Tasks C . Office of Transportation Safety Contract Management Manual D . The Project Application E. Attachment B -Scope of Work (if other than Attachment A) The Contractor shall comply with all such tenns and conditions in the perfonnar~ :f the work . 2. If a conflict occurs between the tenns and conditions of this Contract proi:er arc :he attachments hereto . the priority to be used to resolve such conflict shall be as follow~ A State "Special Provisions" B. This Contract proper C . Attachment A -Contract Objective and Tasks D . Office of Transportation Safety Contract Management Manual E . The Project Application F. Attachment B -Scope of Work (if other than Attachment A) 3 . The Contractor shall carry out the program , conduct all the activities and i:r=-v1ce Te services described in the Scope of Work attached hereto as Attachment A and deta1ie: .r. Attachment A . 4 . In the performance of the work. the Contractor shall comply with all applicaoie administrative procedures and contract requirements contained in the October 1, 1 S~ ::icrado Highway Safety Contract Management Manual . 5. The Contractor shall submit periodic and final reports to the State accordirc; :: Te requirements of the Contract Manual and the reporting criteria set forth in page 2 of Attachment A . 6 . The Contractor shall comply with the budget for this contract as set forth ir ::a;e 3 of Attachment A The Contractor shall be solely responsible for all costs incurred in ex:::ess :f :his budget amount. 7 . The total estimated program costs shall be $247 ,111 . Subject to the concir.1 :-s :f :his contract, the State and Contractor shall participate in providing this amount as follow~ A . State share (federal funds) shall not exceed B. Contractor share (estimated in-kind services as detailed in application) C . Total estimated program costs Page 2 of 10 pages S 96 ,494 150 617 $247,111 > I •, ' ,/ •· • , • • • • 0 I• • The State share shall be comprised entirely of federal funds made available to the S<4:e . The State share amount of this Contract shall not be exceeded . If the actual :otal progra:-:::stS are less than the estimated total program costs as a result of the contractor's failure :: sw::ioly all of the estimated contractor share . the state's share shall be reduced ;:roportionare·-., -he term "proportionately" means the ratio of actual expenditures to total planned expe;C:7-~ for both State and contractor shares . The contractor may increase the contractor share .v-::-cut further state approval , but this increase shall have no impact on the state share . 8 . The State shall reimburse the Contractor for the satisfactory performance :' ::-i:: Contract exclusively from funds made available for this contract under the Highway So?.' Act , Title 23. U.S.C . Section 402 . Such reimbursement shall be only as provided ir: :.-e Contract Manual. Such reimbursement shall be contingent upon the contribution b: :.-e Contractor of its participating share as provided herein , and shall be contingent upc, ::-e continuing availability of federal funds under the Highway Safety Act . Title 23 , U.S.= :~ion 402. for the purposes hereof. 9 . The term of this Contract shall begin on the effective date and shall ter:--::e :,n September 30 . 1999 . The effective date of this Contract shall be the date the reql.:~~= signature approval of the State Controller is obtained on this Contract . as evidence-: : : ~ date first appearing above . Contractor agrees that any contract work periormed er ~;.:; incurred prior to the effective date shall not be compensated under the :erms of th is : :-:ract. 10. The Contractor agrees that any subcontract entered into ur.c:er this C.:-::-=- shall meet all applicable state and federal requirements . including the requirements --j;: 49. C .F .R. Section 18 .36 concerning competitive procurements , and must be appr:·.~= :-.· the Director, Office of Transportation Safety , prior to execution . Contractor shall not ass ;-t11s Contract without prior written approval of the State : any assignment without such a::-:-,a· shall be void . 11 . a) Terminatjon Due to Loss of Fyndjng . The parties hereto express :• recognize the Contractor is to be paid , reimbursed . or otherwise compensated sc ie :• .~--::- federal funds provided to the State for the purpose of contracting for the services ;:-: ,·::e-.:: for herein . Therefore. the Contractor expressly understands and agrees all its rights . :e-a.-:::s and c!aims to compensation arising under this Contract are contingent upon rece i;:: ~ s...=:i funds by the State . In the event such funds or any part thereof are not received by :-: ~,.:ate , the State may immediately terminate or amend this Contract. b) Termjnatjon for Cause . If. for any cause . the Contractor shall fail to fulf . -= ·rrmely and proper manner its obligations under this Contract . or if the Contractor shall vie a:e =--·~ of the covenants . agreements or stipulations of this Contract. the State shall thereupon r a. e :.-~ nght to terminate this Contract for cause by giving written notice to the Contractor of such :e-,.ation and spec ify ing the effective date thereof, at least 30 days before the effec!ive date :' s-~ termination . In that event. all finished or unfinished documents . data . stud ies . sur,e .-s =..wings . maps . mode ls . photographs and reports or other material prepared by th e Contrac::-_ -~r this Contract shall . at the option of the State . become its property , and the Contractors-= =~ entitled to rece ive just and equitable compensation for any satisfactory work completed or: =-=- documents and other materials . Any provision of this contract to the contrary nor.-.-:.-s-.z-:jing, in the event termination of this contract becomes necessary . in the state's sole disc~e : :-·c: comply with any court order concerning state personal services contracts generally or this :.=-::-2C: . specifically , this contract may be terminated by the state immed iate ly upon the g1v ·-;; ~ -::,tice to contractor w ithout further obligation of the state . Page 3 of 10 pages • •. •· • 0 , - - • ,.. • ·, • 12. INDEPENDENT CONTRACTOR THE CONTRACTOR SHALL PERFORY - DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EM=:..:'"':E. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTR..:. :-::>R SHALL BE , OR SHALL BE DEEMED TO BE, AN AGENT OR EMPLOYEE OF THE s-. .:.: ANO THEY SHALL HAVE NO AUTHORIZATION , EXPRESS OR IMPLIED, TO BIND --E STATE TO ANY AGREEMENTS , SETTLEMENTS, LIABILITY, OR UNDERSTANDING :;;::EPT AS EXPRESSLY SET FORTH HEREIN . THE CONTRACTOR SHALL BE RESPONS :E:...= -o THE STATE FOR THE ULTIMATE RESULTS OF PERFORMANCE REQUIRED HER:-~DER BUT SHALL NOT BE SUBJECT TO THE DIRECTION AND CONTROL OF THE STA"'.": ~ TO THE MEANS ANO METHODS OF ACCOMPLISHING THE RESULTS . THE SPECIF'C.,:.-1:JNS IN THIS CONTRACT OF PARTICULAR PERFORMANCE STANDARDS THE STATE :::;"1S ESSENTIAL TO PROPER PERFORMANCE AND CONTRACT VALUE SHALL IN NC : , :"1T BE DEEMED TO ALTER THIS RELATIONSHIP . CONTRACTOR SHAU PAY WHE~ :1..E ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING, INCLUDING .:._ FEDERAL ANO STATE INCOME TAX ON MONEYS PAID PURSUANT TO THIS GR..:..-..- CONTRACT. THE CONTRACTOR SHAU PROVIDE AND KEEP IN FORCE WORK~= : COMPENSATION {AND SHOW PROOF OF SUCH INSURANCE) AND UNEMPLOnr:"- COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SH.A~ EE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR. ITS EMPLOYEE: .:.~c AGENTS . THE CONTRACTOR ACKNOWLEDGES THAT CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO THE BENEFITS OF WORKER'S COMPENS . .:. -::'I\. INSURANCE OR UNEMPLOYMENT INSURANCE UNLESS THE CONTRACTOR CF .:. -~IRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY F-:= ::== OTHERWISE PROVIDE SUCH COVERAGE. 13 . Pursuant to CRS 24-30-202 .4 {aa amended), the state c~ntroller may w it:".-::c:: :2ebts owed to state agencies under the vendor offset intercept system for: {a) unpaid child s...-:::=,-: oebt or child support arrearages : (b) unpaid balance of tax , accrued interest. or other char;e! specified in Artide 22. Title 39 . CRS : (c) unpaid loans due to the student loan divisior: ~ -::-e Department of Higher Education : {d) owed amounts required to be paid to the unemi:,c _.-~ compensation fund : and (e) other unpaid debts owing to the state or any agency the!'"9'~ -::-ie amount of which is found to be owing as a result of final agency determination or rec:..::e: ·= judgement as certified by the controller. Page 4 of 10 pages ---------' . .. .. ' ' • . • • 0 • ,. • • '· Changes (Grants/Subgrants) The State may prospectively increase or decrease the amount pa'la.:,le under 7'::s contract through a "Change Order Letter," approved by the State t.:~oller er -::s designee , in the form attached hereto as Exhibit_, subject to the ':,lowing c:::-::itions: a. The Change Order Letter ("Letter") shall include the follcwiri; (I) (ii) (iii) (iv) (v) Identification of contract by contract number and affe-=:ed parac;:-a.:n number(s): Types of services or programs increased or decrease-= and the -~w level of each service or program: Amount of the increase or decrease in the level of ~---::ng for ea=- service or program and the total : Intended effective date of the funding change : A provision stating that the Change shall not be vai ic ..;ntil apr;r:---d by the State Controller or such assistant as he ma1 :esignate· b . Upon proper execution and approval , such letter shall bec:::--e an amr.-:-ient to this contract and. except for the general terms and conditic~s and Spec:. Provisions of the contract. the letter shall supersede the ::::r::"':lct in the e Jent of a conflict between the two . It is understood and agreed tha: :-e letter -2v ~ used only for increased or decreased funding, ancf corresc:cr-::ng adj1.:..::-=ents to service levels and any budget line items . c . If the contractor agrees to and accepts the change , the ::::r::::::or sha1I : ::ecute and return the letter to the State by the date indicated in tr.e ~~er. In ::-~ event the contractor does not accept the change . or fails to time !'! ::um the :~cuted letter, the State may , upon notice to contractor, terminate :r-.s :ontrac: rective at any time after twenty (20) days following the return deac'.'~,e specifie-.:: ~ the letter. Such notice shall specify the effective date of terrr.1ra: ~n . In tl"e event of termination , the parties shall not be relieved of their obligar:r--s up to ~e effective date of termination . d . Increases or decreases in the level of contractual funding -a-:e throuc;r :-ie letter process during the term of this contract may be mace _ ..,der the t: ,:,wing circumstances : { iv) V) vi) If necessary to fully utilize Colorado State appropriatic-s and/or r:c:-- appropriated federal grant awards . Adjustments to reflect current year expenditures . Supplemental appropriations or non-appropriated fece::. '1.Jnding ~ .. :iges resulting in an increase or decrease in the amounts cr;·-.ally bucc;e-:ed and available for the purposes of this program . Closure of programs and/or termination of related corn-:::s . Delay or difficulty in implementing new programs or se,..,· :es. Other special circumstances as deemed appropriate:::, :-ie State . Options : Additional Services/Performance Extension A. The State may increase the quantity of services called for ·r ::aragrap· _, [the schedule] [Exhibit __J at the unit price specified therein . 1) The State may exercise the option by written notice ~c :-e ::cntrac:=- deposited in the mail not later than __ days prior tc :-e expirat;cr-~f the contract. using a form substantially equivalent to Exr.1: : _. 2) Performance of the added services shall continue at ::-e same rat~ a-id under the same terms as the like items called for unc:e• :-e contrac_ 3) Financial obligations of the State of Colorado payable a'":er the C'-~-it fiscal year are contingent upon funds for that purpose beir.1, a::ropriate-.::. budgeted , and otherwise made available. Page S of 10 pages •, .. •· • 0 , - • • ,,, , 0 I• • 8 . The State may also requ ire continued performance for a pe r.ad of (ere .· ':.:.-: :f any services within the limits and at the rates specified 1n the contrac:. 1) 2) 3) The State may exerc ise the option by written notice to the contrac::- deposited in the mail before the end of the performance period c f :.--e contract using a form substantially equivalent to Exhlt:1t . If the State exercises this option , the extended contrac:! sn&II be ::-s ~-ed to include this option provision . The total duration of this contrac:. ,c .-=in g the exercise of any options under this clause . shall not exceed fi v e = years . Financial obligations of the State of Colorado payal::le after the c:..:-::: =s::al year are contingent upon funds for that purpose be ing appropriat ~ budgeted , and otherwise made available . Rights in Data , Documents . and Computer Software A. State Ownershjp If State funds are used under th is c:::ntrac:. any so:=:-... a.-: research . reports , studies . data , photographs . negatives or other doc:..:--=~ drawings or materials prepared by contractor in the perfcrmance of its obligations under this contract shall be the exclus ive prcpe!'Ty of the S :a:: == all such materials shall be de li vered to the State by the co ntractor upon ::-= ::-:n , termination . or cancellation of this contract . Contractor :-na y . at its ow-=-•~-::-:se . keeo copies of all its writings for its personal files . Contrac:cr shall nc : _s ~ willingly allow. or cause to have such materials used fe r any purpose ::.---::-:-an the performance of contracto r's obligations under thi s :ontract withot.: :.---;, =-:r written consent of the State ; provided , however, that c::ntractor shall :: ;,. =--d to use non-confidential materials for writing samp les in ;:urs ui t of the ,,, :-, . -,e ownership rights described herein shall include . but net oe 'im ited to . :.--: --;:-: :o cop y . publish , display , transfer, prepare derivative wcri<s . er otherwise _s.: written works . 8 . fecerai Reserved Rights . If Federal funds are used ur.cer th is contra:-_ :::-=::t for its own intemal use , the contractor/grantee shall net p ui:lish or rec-:=-== any dataiinformation , in whole or part, that 1s recorded 1n any fer.,, or mec _:- whatsoever and that is de livered or specified to be de livered under ti" s ~=:. nor may it authorize or permit others to do so . without 'he written cor.se-: =" :-:e feceral government, through the State , until such time as :he state/fe-:e": govemment may have released such data/information !o the public . ..:. s authorized by 49 C .F .R . 18 .34 , the federal govemment. through the S :a:: reserves a royalty free nonexclusive , and irrevocable !icense to reprcc _:~ pub li sh or otherwise use . and to authorize the State anc others to use = :.-_. work developed under this contract or a result in third ;:,ar.y contract 1r :s=-:-=:·,e of whether it is copyrighted ; and b) any rights of copy ri ght :o which a cont ractor/grantee . subrecipient , or third party contrac:cr purchases :·,•,--::-:-:: with federal assistance . The State also reserves an iceritical license':-:;; _:se . Patent Rights If any invention , improvement, or discovery of the contractor/grantee or any of its subcontractors or sub;rantees is con e.:·,<:-: :-fi rst actu ally reduced to practice in the course of or under this ccntract we-'-== ~ suc h is patentable , the contractor/grantee shall notify the State imme·: a::: , a ,d prov ide a detailed written report . The rights and respons ib ili ties of th e cont ractor/grantee , third party contractors , and the State w ith respec: :: s_::- inve nt ion , improvement, or discovery will be determined in ac::ordanu ,,,•-:- appli cable state (and/or, if federal funds are used under this contract. ·~:= .aws and regulations in existence on the date of execution of this comract ,•, -c-:e4 ne con t ractor title , right to elect title , state/federal governm e ri t ·march in '-;~ a nd the sc ope of the state/federal govemment's ri ght to a n onex clus ive . ir:,-: ==..=,e , paic-up license to use the subJect invention for its ow n . To e contrac::-;. = ~ sha ll include the requ irements of this paragraph in its :h1 rd party co nt~=~ "-:-:ne performance of the work under th is contract . Apc licab ie Law The contractor shall at all times du rin g th e executic r :• :-:s cont ract stnctly adhere to , and comply with . all appli cal::le federal anc S :r-.a ws . and their implementing regulations , as they currently ex1s: and may t-e -~r~-:)8 ame nded . wh ich are incorporated herein by this refere n ce as terms a -: :::-:-:i ons of th is contract. Pag e 6 of 10 pag es • ..... - • ' .. •· • 0 -• ,. . .. • <, Grant Agyrances If this cantrac:t is a grant/subgrant involvir.,g the expenditure of federal funds, the contractor shall at all times during the execution of this contract atric:tly adhere to and comply with all applicable federal laws and regulations, as they currenUy exist and may lw'eafter be amended, which are incorporated herein by this reference aa terms and conditions of this contract. The contractor shall aJao require compliance with these statutes and regulations in subgrant agreements permitted under this contrac:t. These federal laws and ragulationa indude, without limitation. the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Common Rule), at 49 Code of Federal Regulations, Part 18. 14. The Special Provisions-attached hereto are hereby made a part hereof. --~-------· - . ' •, .. • • 0 , __ -• - ] • ,.. • . • ' <. IN WITNESS WHEREOF , the parties hereto have caused the foregoing Contrad to be executed by their duly authorized officers the day and year first above written. ATTEST Chief Cieri( Transportation Department ATTEST By~~~~~~~~~~-- Loucrishia A. Ellis Title City CJ erk STATE OF COLORADO ROY ROMER. GOVERNOR BY~~~~~~~~~~~~- FOR THE EXECUTIVE DIRECTOR COLORADO DEPARTMENT OF TRANSPORTATION Contrador THE CITY OF ENGLEWOOD, COLORADO Thomas J . Burns APPROVALS CLIFFORD W. HALL State Controller BY~~~~~~~~~~~~ GEORGE MCCULLAR, CONTROLLER Department of Transportation GALE NORTON Attorney General BY~~~~~~~~~~~~ BARRY 8 . RYAN Assistant Attorney General Civil Litigation Section Page I of 10 paga . . ' . • . • • 0 , I -• • • SPECIAL PROVISIONS CONTllOLL[R'S APPROVAL 1. 1'1ai1 con1nc1 shall nor be deemed ¥8lid 11111il it shill have been appro111cd lty 111M: Conuvllcr ol tbc S1uc o( Colorado or 111CII UUllMI u be tal)' Mllpa& 711a. ,npi11on 11 1ppltC1blc :o 1ny conirau 1n .. oh,,ng rhc: payment of monc:t by 1hc S111c . 7UND AVAILABILITY ~-Financ,~I obh1111ons or 111c Sease of Colorado pa~ablc ahcr 1hc current fiscal year He conon1cn1 wpon ruruu for 1h11 p•flM"C be••& 1pp,opr1a1cc. ,....ICC. 1N othcr•uc :111dc awau~olc . 90ND REQUIRE!lofEST l. Ir 1lli1 conu·ac1 1n•ohu the paymcn1 of more rllan fif1y 1ttou1U1d cSollan fOf tbc COftllructioa. crcc11on . rcpau. rna,•tcnaace. • • .,,. ..... ,of U! at.lWIIIIJ. ,..., W1d1c. •iM1..c1. 1uancl. nca•anoa or oet.r P11blK won for 1h11 S1a1c . tlM coa1nc1or taall. Nforc cntcnn1 ... pon u,c pctfonaaacc of ••Y wca won a::,...,. ie •i• co.1nc1. duly nccu1c UNI dcfrvcr 10 1M S111c offic,U •ho will lip me coa1nc1, 1 .... ud sumc,cn• -..a or..., accs,t&Me ,.,.,, .. IN: ..,....._ :.,,, IN official in a penal IUl'II 1101 lcn tlaa• .... a.au ol , ... lOIII ....... , ,.,, ..... llty die 1Cfllll of ..... CCNIUICI . s .. ca MIMI stlall be 4•1Y ca.....ri lty 1 .... ii' ... ~ MIRfY cOlldi1iOMd ""°" the laut.lul perf......:c of •M cN&ncl UNI ill .Uiliea. &MIi ,.... .. 1llal 1( 1ttc co,nne1or or fl11 •lie.....,.. fail •• claly ;aw er -~ laNr. m11n1al1 . team turc ... ,,cU11Cc. ,_.,, ... .._ pro,,cftdo, or otllcr 1....,aies ncd or c•,_.. try sucfl con1nc1or or Ilia wlllcNlnclOf i• ,a1..,.._.. ,, :ia won. .;•na.:tc~ re N' done or h1h 10 P•>· aay prno• wtwl ,110,liu: rc"1al machinery. cools . or ~111'""4fflt '" 1fte ~ro•c~11110" of ttlc wort Ille ,.,ct! will pa~ ·3e __.._ • • UROUnl not caceco,111 tfle sum s,ec,rscd •• 1bc bond. 101c1ttcr w11tt 1atcrc11 • t11c r11c ol c111111 per ce:u per annwm . Unlcu well bond 11 caccu1cd. 0&:1-...:ec aa4 nled. no claim in fa•or of 1llc l:OlllftCIOr anaa•1 tllldcr 1.ctl cCN1tnct 1lliaU be aNitcd. allowed or ,.Mt. A cm,ficd or cu•IC'f·1 CMCIL or a lMnlL IIIOM}' orccr ,..,,...,e :o • Trcaaut"Cr of tbc S111c o( Colorado .. , ttc accc,tcd i • lie• of• MIid. Tlrai1 pnYilNNl i.a i• compliaacc •nh CJlS 31·26-106. 1NDE. ... NIF1CA TION 4. To die n_, au-d by .... die -... 11 i--r1 ...... -llold 11ua1cu Ille s, .... ill C111ployc• -·-u. ...... UJ -aJ :a&&&. ....... lialNlicy ud coan ••_. iacJNia:1 CIIIIU. e&,-s&L ad m...., fea iacwrcd u a ra•ll or any ac: or omi1ai011 lty • coecnc:UN'. or iu ----~ ........ •llceolncion.. •r aui& .... ,.,.... IO ms _... of Ill.ii c-ncL ~IMJNATI0NAND4FF1llMATIVEACT10N S. 1'---• -,17 -.. ---apiril el .. C--. A Acl of 19'7. u--. --awi-law -•--···-• ., _..,_ ,......cas 2'"~ -• .___. "'..-o.-. s...a o,,.-;.,.-_.,...,. Acllaa.-·-:1. lffl,"--•.•t-,~-k-ia.US-w,,. .. -u. Dmiaallle,-f ..... etlllis--.llle-..... •follows: (a)~ -will w dlsri .... apiw-,, _,.,.. • ..,U-r. -,1•,-a• -.,,... el,-.-. celar. wieau -..,..._ -. ..... _.....,_,,_ ..... ,_,.... ................ _ ....... ........_ ______ .......... _....,_ __ .....,_ ______ &qi) ........................... , lllira.s.. .............. _ .......... ~ ••I )WWW ...................... __.... -----~ i.,.481•...........: _.,.., ........ ., -...._. ,.., niaina-.....,. w · Hp ,.. _ ..,_ • ,-• · ,...., a,,ai1u1e 10 ......,__..,...._for -.. ..._ aoic• IO be pro,,idcd by die C---. afflcor --S fenll p,vwiliw <ti *is•• dila. 'awier -· (Ill TIie _.., •ill. ia Ill saliciwioal • ....,.,~ ... ror -ployw plamd Ill'•• bcba11 or 1111 -· --aU qulifled ~ -.a iscm couidenlioa ,..,..,._ W.-,qll'll io ..... c:ned. color. Mli..a oripa.-. lllariw ••us. NUsiaa, --,.-• ...,_. -..:ai, . ••••• (C) TIie camnaor will """' 10 ncll ._ ui• • ..,_nwi•c of ..iccn willl -be hu a collecliwc blr&ailliac a..-• oliMr ::aa:ai:: or -f'IWMIUII, -ice IO be,....,... by die cacnctint ofriccr. lld•ili•& die lal,ar"'"°"o,-1ccn' -lali¥C ., ... _ •• ~-_. ::,C Esecuii•c Order . Equal aw-,,iu1y IINI Affirffla11¥C Acuon . du..S April 16. 1975. -of Ille nil a. ,..,.. .. ;... -Nie-Onion ol lbe ~ (d) TIie c-,..,,or wl I-__,. •ill funtsll all ,.C-..ion -..,.,.,. --by Es-,-. Order. Equal o,po,au,ily ad Aff'ualliwc Acaa o· ~I 16, 197,. -by Ille nila ..... laliau ... Ordon ol Ille C.-, • ,---... will pcm111 -IO Ilia ........ -._ UII -~ ::,c -,1nain1 •acne,, and Ille office of Ille Oo,,c,-ar h11 dcsipce f• ....,.... or_,..,.... 10 ucCIUIII compliMCW wa wdl ......_ NPllliou -...,._ (C) A labor GrJanlUIIOl'I will flOI ncludc Ut}' aftdivtduai OtMf'Wttc qllaiified fl'Offl full 1Mabcrvllp nlf'LI 1ft luc!'t labor OflMliu&ioa. or upct IIIJ' SUC::: aai,~ ftom mcmbcnh1p in wch labor arpnauuon or dn,,cnnunatc 1111n,1 any of iu rnembcn • tile full fflJO!fl"C:"11 of -oR opponuaily bcaN of race... :wa:... =.or. Kt. nauonal on11n . or UKCllry. (0 A labor Ol'JIIIIUIIOft. or rhc cm,ao~ or l'Mfflbcrs lhcreo( .. ,11 "°' aid .... IIICU&. COlllpCI or C'OCfCC the do1n1 of .. , IICI defined ...... ~Qlllll':il:· :.: X discnmina1or,, or ob11nact or p,c,,e111 an, prnon from comply1n1 wtdt the pr0¥11t0ftl ot 11111 c0ft1rx : or 111~ order iui.cd dacrnndcr. • UICMpl. ~ ~Jy or 1nduttt ly . 10 comm11 any Kt defined 1n ctt.11 con1txt 10 be 411e:,m,111tory. ,.,_ ••C-Oll ....... 1,., ffl .JJ...11 -11!! ' ' • .. ,i • t ' . •. • 0 -• ,.. • • (S) I• the e•cnr ol 1he COfttrac1ot ·i non-compliance w,th 1hc non-4iscr,t11ina11• clauKI o; ••u contract o, w1rt1 any or such f'lllcs. rcplauoas.. or orders. 1llis con1nc1 may be canceled. 1crm1n11cd or u,spcfldcd in whole o, •• pan Md ,ttc conuac&0r may be declated i•Ji&illte for f1111bcr 51&1& :GDUKq NI accordance •nh PfOC•durn . 1111-1ud •• E.ucunve Order. Equal o,,,,nuNJ -4ffl.-ive Acl-of 4pril 16. 197, -Ille nalu. ,wplm-. .,. -*n promu&1a1cd ,n Kco,dancc 111crcwid1. and such other s.&11C1ion1 H ••Y be i111posec1111d remedies u ... ., be itwoked a ,...Nied i• ~live Onla-. !q,oal Oppam,aity 11141 4frmnalift Aclion of Apnl 16. 197,. or by-· rwp1u;... • -n ...-IIIIICd ia accarcluce -.Wi&II. or II odlerwia& prowoclcd by law . 1,1 Tllo conlrKtor ••II include 111< pn,•1Jion1 of paral"aplls (111-,11 Clll in ncry 1111>-conuac, and 11111c-rac11W ,.,.,_ order lllllcu eacmptecl by ,...._ re111l11ion1. or oNlen 1J111ed punuaa110 E.&eeu&ive Onler. !qui o,,,,n-,r 111d Afrmn111vc Aclion of April 16. 197'. so dau suc!I pl09iliou will llt bindi"I ·--II 18b<oa1rac1ot or -r. TIie c-tor will take IIICII 1C11on witll ,apec, 10 any .. -l'K1inl or ----U Ille C-.CUDI apnc:y 1UJ duect. 11 • -•• of mfon:1111 sacll p,oviti-. illcladi111 ...,._ for --pliucc: ,.....;-. -· -ia Ille r,a1111e ._.._ '4KOffles 1nwot"Cd i n. or i11t1re11cncd w11t1 . li1i1a11on . widt tN Mbcollcrac1or or WClldOt a a raat1 of acll diNC11• tt, 1M COIIU'Klilll aac:,cy. tlN COlllnCIOr JUJ ........ die S111e of Color-10 ffllcr illlO IIICII liti&II-10 ,,_. Ille •aaa of Ille S&al& of C--. COLORADO LAIOR PREFDENCE ,.._ ""'"'""''°'cas 1.11.101 • 102 ,.,,..,._. o1c---... _._ ... ,_, ir,-lllic -.... 1111 s-.. ·---- .,. fi•Mttd 1• ...... 0t Ill,., ity $&aN fllN&,. It. WMn I C111191ntC11M c•tnc• ,. I ,-llllic ,,..,. ••• IO '1t ..... IO I w.r ......... ....., ... N ....... a .............. I ........... , W.,. ,._ a ,1:.1C' nr rorc1;ft coumry NfUl lc 1~ p,rdcrcM• s••C11 :r. ,..,red-,. •k ~ • ,-...,. c•""'! ill ••ec• tN _.,.........._,ii a ..... L If i i ........... 117 •k 11lfic:C'!' !'I:~~ "" .i•aN•"f •llc M 1••• CtN111ttn,ncc ,.,.._ otu, ,ltMff; ... ,,. -..y -. .. ,.. ~..; oi r.-.na fl&NI •llllctl •..W Mfterw,ac !lie a,·uiMI• or ... ... ....,.,11e bl 1KCN1"1111en1 wtllll ~.,,.... .. ol Fedaat la•. llaa1 MllltNn,.. ... IN .............. ••Y 10 ........ ......,,. • ,.. ... , *81ai o{ ::ac lllelWyl., • cli-•llc i•oasiuenc! •ldl F-~-• COS I-If.IOI -102) GENERAL ,. n. ..... ., .. s-., c:.i..-----...-----... appliooll ii .. -.. iee ..--. ---., .. -,. Aay __ ol ____ --· ••• llonia-, ..,_ _ _.... ,_...._ _, --jallcial-J •PIIIOa•- 11-N ilCNflict -idl aid----.....----------!la!J, ....... illlDf,......_pW __ _,..,_ ........................ __ _..,........ ________________ _,, __ .... _..,,_,.,...,.__ .......... ..-...4.,~---·---_, .. __...,_.,...... ____ ._....., __ .. ___ _ C-.ct ti C ...... of llKIICNNI. ' I.AAall--. .. ,_,_ o1 .. --. .. c:-_....,, __ • ...,.....,_.. .... _.._ ...... _,..._ __ __ ..,_.,., __ t.,,. -.....---, -faaliar-OS l~JOI. & ..._ «anllarJ-C....,. ld_l _ OS 1 ........ & -,_ of l'ullc Ollkel. ____ ., ___ .,,_. 10. TIii ,........ ____ ........ __ .....,__.., ,_ .............. ---... ~ • .....,...__ llllllia: W1'TNUS WHIRIOF. Ille_.. ---___. dlilC-.. ••-,. llnl -......._ lfCo,por1111N:) A1w,1 1Scah -.. 4C.O!C ....... . ,., ,,, .•. 1.., .•• ,. CONUOLUlt ..... ..L. ............... "'...L. ... .. • . .. • • 0 - ] • • ·, • .. Sample Change Order Letter la Grant/Subgrant Contracts Exhibit Date: State Fiscal Year 199 -9 Change Order Letter No . __ ,. In accordance with Paragraph of contract routing number-:='. FAA ADA_. between the State of Colorado l:Sipartment of ______ ,._ _________ _ Division) and [Contractor) covering the period of July 1, 199 through June 30. 199 the ur,dersigned ~ree that the maximum amount payable by the State for eligible services in ParagraJ>h •• f?7'1Mdt1ecrleied> by c~ of dJIOQI) to a new total of CS_______). The first sentence in aragraph is hereby rriocf accordingly . The services affected by this Cjnqealfd/dtcmlffd} are modified as follows : The Budget is revised accordingly, as set forth in the Revised Budget, Attachment , attached and incorporated herein by reference . This amendment to the contract is intended to be effective as of , but jn no eyent shall it be dtlOJtd yaHd until it shall haye been apprgyed by tbt state controilir or such usistaat as he may desjgnate. Please sign , date, and return all copies of this letter on or before ------19 __ . Contractor Name: By : Nam_e _________ _ rrt1e _________ _ APPROVALS : By: For:::_:_-_-_-_-Oivi_s .. ,o_n ___ _ State of Colorado: Roy Romer, Governor By : •Fo-r"""ttie-·Ex...._ecutiV_...,_e .. O ... ,rect--o-r-- co1orado Department of ___ _ FOR THE STA TE CONTROLLER Clifford W. Hall By : S""tit..,...e--e'"'ontrol..,.. ... ler ..... -or-Oeiignie_.,......-----,--- Page 9 of 10 pages ...-.~ ' .. .. • . • • 0 I ~'> I - Sample Octjon Exercise Letter Exhibit Date : -------..::...-- TO : [Contractor) [Address] SUBJ : Option Exercise Letter • • • ~. In accordance with Paragraph ~ of contract routing number_. FAA ADA --.--, between the State of Colorado ._.,.rtment of division) ana [Contractor] covering the period of July 1, 199_ through June 30, 199_ the State hereby exercises the option for (additional services , as specifically deseribed in Attachment) and/or [an additional one year's perfonnance period at the (cost) (price) specified in paragraph_.) The maximum amount payable by the State in P~rac,h _ is (jna:,~dealtu,d) by (S 11ff.PY01 of cb•orv> to a new total of (S ) . Ttie first sentence in aragraph is hereby mod · ed accordingy. - State of Colorado : Roy Romer . Governor For the Executive Director Colorado Department of_ tide APPROVALS : By : For:.:::_:_:_:_-_-_-_-_-_--.0 .. ,v-lS-IO"'"noe-- FOR THE STATE CONTROLLER Clifford W. Hall By : "'S""'tit,...e.,,....C"""ontro=..,1.-ler.,...,..o-r •0es...--ig_n_ee..,...- Page 10 of 10 pages ~--- . ' • . .. • • 0 , , I • • ·, - <. Colorado Department of Transportation Contract Objective Plan -.PTagram: PUOlicWays I Contracling Agen,:y : Englawood Police Oepanment -. Sul P111g1•11 : T,-poftation Safwly IPra,ea~ Director C. Olson ..._ Soluliln Plan : Police Traffic Services I c-.a Pwioa: E"9cllve Date through ~ 30, 1999 Pniiecl,: 99-09 I HSPt 98-02 IT-• 21-02 ~: To r'lduce trafllc c:rnnes by 10% at five high hazard IOcallons , to 1-,,ond in a proactive manner to traffic ccnc:ema and complainta arising from c:itiZ.-and Oll,er ..-.. wilhin the c:ommunily , ID Ntab111t1 co1abora11ve rela1ionsnipa with oct,er public and private persons/groupa having impact or inftuenca on trafflc: uf9ty _.. IUCh a the Speed Watch coordinatar. the Neighborhood waect, c:oonlinalor . trafflc • igil-i11g departmant. school heallh and safwry commillN. privlla c:i11nna and ~ through Sepllrntlet 30. 11199. Tak Adlvilv. Activity Oaaipllon 21-02.1 21-02.2 21-02.3 21-02.4 21-02.5 21-02.8 On a quarteny basis. review trafllc crah, violation and ClliZen c:omplamt data and seted ftve l"ugn hazan2 localionl for seledive trafllc enbcement through Seplamoel 30 . 1999. Deploy a three person traffic unit for a comp..,.,_ traffic program including enforcement. education and engineering to reduce aahel at the top five high hazard locations through September 30 . 1999. Provide so hours of specialized training in the operation of police motorcydel to ftve offleerl by March 1 • 1999. PurchaH two fully equipped rnotorcydel and two '-speed measuring devic:N by January 1. 1999. Solicit and l9lpond to community concems or con 1plaiu11 regarding trafllc uf9ty ilw. analyze proOleml for underlying cauw and develop com111et1eu1ive long term IOlutlonl ta lheN idenlltled problems through 5ept9mbet 30 . 1999. Alllend a minimum cf one community aclivity per month ltWough September 30 . 11199 5ybmit quarteny reports by January 20. April 20. July 20 and OclOber 20 and a flrial repon and ftnal dalm for COlll inc:ufred by November 15 . 1999. ....,_..__....__.~,,..1,e..-CDOT '-•1106 7192 AllaChmenl A. pap I of l • ·"'' .. .. • . • , . , • 0 ]- - • • • Colorado Department of Transportation Contract Evaluation Data 21-02.1 21-02.2 21.Q2.3 21.Q2.4 21-02.5 21-02 .8 I HSPt 99-02 Provide • narrative dNcripllol1 of the Malylia UNd to Nied the ftw high hazard 1oc:a11ona far Mledl¥e enforcament. Include IUITllnary of cralNS, vialallanllc:italions and citiZen com,ilainla. Provide • IUIIIITay of holn worud by locallor'I, the number of ~ • eadl tarvat loc:allon. and the number and type of citallana wrillan . PIOvide • wrilllan evaluallan of the molDrCyde operalllr training. Provide a capital equiprWII ac:caunlabil1ly ram for the mcmc,clN and the 1aMr..,.., ~ devicea. DNc:ribe proc:eu and outcome of IOliciting community concerna . DNc:ribe procea and outcome of p,ablem analylia. Oelc:ribe long l9ml IOlullans i.nplem• llld and exped9d OUll:Ol\'le . Oelcribe the community --allanded. number of people ruched. nalUre of event. malerial9 dillritlulad, coordlnallon with Olhel" trafllc: ur.ty programa or inillalivN. Provide quar1lef1y ,..,arts. ftna1 r9PQl1 and daiml u l'9qllired. The flnal report muat include an ••• ,..,.,. of impad on ~- , . .. IT.... 21.Q2 Admillillllall .. Adnilillllallwe ..._...._ ....... _._, ... ..._ CDOT.-..•1101 119) Aaaclllnmt ..!_, pep _2_ ol _l_ ---~-- . ' .. • . , . ' • 0 f __ I • ' ' -•, • • .. COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT FINANCIAL BUDGET PROJECT# 99-09 BUDGET ALLOCATION FOR HSP# 99-02 TASK#21-02 Cost eateaory OTSCS> Agency($) Total(SI Personal Ser,ices 60.828 145 .002 205 .830 Operating excenses 10 .666 5.615 16 .281 Travel excenses -0--0--0- Contra~al Ser,ices 2.000 -0-2.000 .. Other 23 .000 -0-23.000 Totals 96 .494 150 .617 247 .111 DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATES LOCAL $96 ,494 BUDGET ALLOCATION FOR HSP# TASK# Cost catagory OTS(SI Agency($) Total($) Personal Ser11ces Ocerating excenses I Travel exce!'1ses Capital eouicment Other Totals DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATES LOCALS BUDGET ALLOCATION FOR HSP# TASK# Cost eatagory OTSCS> Agency($) Total($) Personal Services • Ocerating ex:enses Travel excer.ses Cac1ta l eou 1cment Other Totals DISTR IBUTION OF OTS FUNDS (BENEFIT OF): STATES LOCALS I. . TOTAL BUDGET 0TSl$) Agency($) Total($) S&e .494 S150 .817 $247,111 _____ _,_ .. _ , - .• ORDINANCE NO._ f SERIES OF 1998 • • - BY AUTHORITY COUNCIL BILL NO . 57 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AMENDING TITLE 7, CHAPTER 6F, SECTIONS 4(A}, 4, 5, 8(A) AND 9(C}, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO JURISDICTIONAL LIMITS. WHEREAS, the State has raised the jurisdictional limit for Class II misdemeanors to five hundred dollars ($500); and WHEREAS , the State Statutes provide for concurrent jurisdiction with a jurisdictional limit up to five hundred dollars ($500) for municipal ordinances; and WHEREAS, the jurisdictional limit of four hundred dollars ($400), prevents the City from making full use of its authorized powers to enforce against theft; and WHEREAS, the statutory definition for theft includes price switching, petty theft, shoplifting and goods and services by fraud ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $ectjon 1. The City Council of the City of Englewood, Colorado hereby amends Title 7, Chapter 6F, Section 3A, of the Englewood Municipal Code 1985 which shall read as follows : 7-6F-3: SHOPLIFTING: A. Offense Stated. It shall be unlawful for any person to~ WILLFULLY obtain unpurchased goods, wares or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment with an intent to avoid payment, which goods, wares or merchandise have a total value of less than l'eltP FIVE hundred dollars ($44MM)& 500.00). The fact of obtaining unpurchased goods with an intent to avoid payment may be shown by concealment of the gooda on one's penon or otherwiN, whether on or off the premises or by some other conduct of a person which evidence& such intent to avoid payment. $ectjon 2. The City Council of the City of Englewood, Colorado hereby amend& Title 7, Chapter 6F, Section 4, of the Englewood Municipal Code 1985 which shall read as follows : 7-6F-4 : PETTY THEFT: It shall be unlawful for any penon lmowincly to obtain or exercise control over anythinc of the value of leu than few. FIVE hundred dollan (~ 500 .00) of another without authorization or by threat or deception, or -I - ' I •, ' 10bHI .. •· • 0 - - • • • knowing said thing of such value to have been stolen, when the person who so obtained or exercises control over such thing of such value : A. Intends to deprive such other person permanently of the use or benefit of such thing of value ; or B. Knowingly uses, conceals or abandons such thing of value as to deprive such other person permanently of the use or benefit of the same ; or C. Demands any consideration to which such person is not legally entitled as a condition of restoring such thing of value to such other person. $ectiop 3. The City Council of the City of Englewood , Colorado hereby amends Title 7, Chapter 6F, Section 5, of the Englewood Municipal Code 1985 which shall read as follows : 7-6F-5 : PRICE SWITCHING: It shall be unlawful for any person to wilNH,,- WILLFULLY alter, remove or switch the indicated price of any unpurchased goods , wares or merchandise owned or held by and offered or displayed for sale by any store or other mercantile establishment, with the intent to defraud such store or mercantile establishment; provided, however, that this Section shall not apply to goods , wares or merchandise of a value of fem. FIVE hundred dollars ($499:Q9 500.00) or more. $ectjop 4 . The City Council of the City of Englewood , Colorado hereby amends Title 7 , Chapter 6F, Section 8A , of the Englewood Municipal Code 1985 which shall read as follows : 7-6F-8 : OBTAINING SERVICES OR GOODS BY FRAUD: A. It shall be unlawful for any penon to obtain aervioe1, WHICH ARE VALUED AT $500, which he Ir.nows are available only for compenaation, by deception or threat or by false token or other meane to avoid payment for the eervioe. "Services" include labor, prof'euional aervioe, telephone or other public aervice , accommodation in hot.ell, reltaurantl or eleewhere, admiuion to exhibitione, use of vehicles or other movable property . When compenaation for eervioe ii ordinarily paid immediately upon the rendering of 1uch aervioe , u in the cue of hotels and reltaurantl, ref'uaal to pay or abacondin& without payment or offer to pay pves riae to I pre1umption that the aervioe wu obtained by deception a, to intention to pay. B. It s hall be unlawful for any penon having control over the dwpoeation of s ervices of others, to which he ii not entitled, to divert 1uch N l'V1CN to hie own benefit or the benefit of another not entitled thereto. -2 - ' . .. •· • . , , • 0 ]- • " • ~ • $e<;tjon 5. The City Council of the City of Englewood , Colorado hereby amends Title 7, Chapte.r 6F, Section 9C , of the Englewood Municipal Code 1985 which shall read 88 follows : 7-6F-9: BAD CHECKS: C . Offense Enumerated. It is a violation of this Section, punishable as provided in Englewood Municipal Code Section 1-4-1, for a person to iuue or to pau a check for the payment of money leu than few FIVE hundred doll1U'8 (~ 500.00) knowing that the issuer does not have sufficient funds in or on deposit with the drawee for the payment in full of the check or order as well as all other checks outstanding at the time of iuuance. Introduced, read in full, and paued on lint reading on the 21st day of September, 1998 . Publiahed 88 a Bill for an Ordinance on the 25th day of September, 1998. Read by title and paBSed on final reading on the 5th day of October, 1998. Publiahed by title 88 Ordinance No . ~ Series of 1998, on the 9th day of October, 1998. Thomae J . Burna, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I , Loucrilhia A. Ellia, City Clerk of the City ofEnclewood, Colorado, hereby certify that the above and foregoing ia a true copy of the Ordinance puaed on final reading and publiahed by title aa Ordinance No . ~ Seriea of 1998. Louc:riahia A. Ellia -3- ' . , ' . • '· • • 0 ORDINANCE NO ._ SERIES OF 1998 • • - BY AUTHORITY COUNCIL BILL NO . 59 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING AN ASSIGNMENT OF RIGHTS UNDER A LEASE BETWEEN THE CITY OF ENGLEWOOD AND RADIO PROPERTY VENTURES AS THE SUCCESSOR IN INTEREST TO MEDIA ENTERPRISES, CORPORATION . WHEREAS , in 1981 the City of Englewood entered into a lease agreement with Radio Property Ventures for a radio transmission tower, including associated structures, on property eventually transferred to the Bi-City Wastewater Treatment Plant; and WHEREAS , in 1991 the tower was relocated to another parcel on the Bi -City lot and a new lease agreement was entered into with Bi-City; and WHEREAS , the parcel subject to the 1981 lease . was returned to the City of Englewood in a land trade with Bi-City; and WHEREAS, by the terms of that 1981 lease the lessee has a duty to remove a building located on the property and the lessee entered into an agreement with a third party to do so; and WHEREAS , the third party has failed to remove the building as required and the lessee cannot evict the third party until the City assigns its rights to evict under the lease; and WHEREAS, the City therefore wishes to auicn its right to require the removal of the building to the lessee under paragraph 4 of the lease ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: $ectjon 1. The Assignment of Rights Under the Lease between Radio Property Ventures and the City of Englewood pertaining to Bi-City property is attached hereto a s Exhibit A. $ect1on 2. The Assignment of Rights Under Lease is hereby accepted and approved by the Englewood City Council and the Mayor is authorized to execute and the City Clerk to attest and seal the Assignment of Rights Under Lease for and on behalf of the City of Englewood . Introduced. read in full, and paued on first reading on the 21st day of September, 1998 . -1- • . .. •· • 0 -• • • ~. Publiahed aa a Bill for an Ordinance on the 25th day of September, 1998. Read by title and paaaed on final reading on the 5th day of October, 1998. Published by title aa Ordinance No. ~ Serie• of 1998, on the 9th day of October, 1998. i.• .. Thomae J. Burm, Mayor A'M'EST: Louc:riahia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing ia a true copy of the Ordinance puaed on final reading and publiahed by title aa Ordinance No . ~ Series of 1998. -2- < ' < ... .. . . • . ' • • 0 I I ]- - > • ~ • • ' .. .. EXBIBITA ASSIGNMENT OF llIGBTS UNDER LEASE TO: Radio PropertY Venture• WHEREAS, a le ... wu entered illto batwHn the CITY OF ENGLEWOOD. COLORADO and RADIO PROPERTY VENTURES AS THE SUCCESSOR IN INTEREST TO MEDIA ENTERPRISES, CORPORATION on January 5, 1981; and WHEREAS, tht on1J nm•iniDI duties or richte remaimDI under thie leue are the duty of the ltMff (Radio Property VuturN) to remove a buildinl aruiotba rilb,t of tba 1eaar (City) to avic:t if the buildiDI ii not rwmovee u p~; and The City of Enpwaod. Colorado, by and throqh ita City Manapr hereby ueipe to Radio PropertJ Ventu"S ill ripie to ew:t or remOff the buildml under Parqreph four of the 1ule attacbad baffto. The City of Enpawoocl NNtftl cmly ita risht to NCOftr any damaee• which may occur to the ·demi.Md premieN· d\lrinl the remcwal of aaid bwlciiDc u well •• adequata DOtice before tbe reman.l. The LeMM qne• to acquire all proper permits and licen•H before remoYUII the atrw:tuft. CITY OF ENGLEWOOD ATTEST: RADIO PROPERTY VE.'ffiJUS (\ST : >dJL H,Jt • ' .. ~ < .. 0 \ • . , ., ' . . ' • • 0 • Date October 5 , 1998 Initiated By • • • COUNCIL COMMUNICATION Agenda Item 11 a i Staff Sources Subject Planned Unit Development - 3095 S. University Blvd. Neighborhood and Business Development Robert Simpson, Director of NBD Harold J. Stitt, Senior Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The subject area was annexed by the City in 1946 and rezoned to the current R-1-A Zone classification in 1955. In 1964 Council approved the Hampden Hills Baptist Church Subdivision. A third lot was created in this subdivision with the approval of a Subdivision Waiver in 1982. At their September 8, 1998 meeting, Council did not act on the first reading of the proposed Newcomer PUC Ordinance. PREVIOUS PLANNING COMMISSION ACTION The Planning Commission considered the Newcomer Mortuary Planned Unit Development at a public hearing on August 4, 1998. After considering the testimony, evidence and staff report, the Commission voted to forward the PUC to City Council with a recommendation for approval. The Commission vote was six in favor, two opposed and one absent. RECOMMENDED ACTION Set November 2 , 1998 as the date for the Public Hearing on the proposed Newcomer Mortuary Planned Unit Development. BACKGROUND, ANALYSIS, AND AL TEANATIVES IDENTIFIED The application was filed by Heartland Group of Companies and Davis Partnership P.C ., Architects . Heartland Group of Companies is the parent company of Newcomer Family Mortuary, the proposed operator of the mortuary/chapel. The application requests rezoning from R-1-A, Single-family Residence , to PUC , Planned Unit Development which will allow a "mortuary" as a permitted principal as well as to the current list of R-1-A District permitted uses. The subject site is composed of two separate parcels . The northern parcel is 1.03 acres in size and is vacant. Approximately two years ago , this parcel was the subject of a rezoning and Planned Development proposal for an assisted living facility . This proposal was denied . The second parcel is 1.35 acres in size, and is developed with God's Miracle Church . Under the proposed PUC , Heartland Group of Companies will purchase both parcels , and develop a mortuary/chapel use in conjunction with the existing church . Improvements to the site would include a 41 -space parking lot developed on the north side of the church with a heavily landscaped area buffering the parking lot from the adjacent residential uses . A 6,000 square foot addition is proposed for the south and west sides of the existing church structure . The addition will contain mortuary offices as well as a new main entrance for the church and mortuary. The existing parking lot to the south of the church will be Improved with the entrance being moved to the west side of the property, new landscaping and lighting . Curb , gutter and sidewalk will be installed along East Dartmouth Avenue and South University Boulevard . ..... - • l •· • f ]- • I' • ,., • ~ • ; (. r The mortuary use will specifically prohibit any body preparation procedures and cremation on site. The mortuary use will include offices for administrative functions and funeral arrangements, viewing and visitation rooms, and merchandise display space. Funeral services will be held in the existing sanctuary space. God's Miracle Church would still continue to lease the property for their services and functions. The District Plan and the Site Plan were combined and submitted as one document for the consideration by staff and by the Commission . The proposed PUD meets the intent of the PUD Ordinance . FINANCIAL IMPACT The proposed use is primarily service oriented however, there will be some sales tax revenue generated from sales associated with the funeral services. UST OF ATTACHMENTS Proposed Bill for Ordinance Findings of Fact Staff Report ' ' ' • . ' '· • • • -• • - <. CITY OF ENGLEWOOD PLA."'1NING Ai'ID ZONll'iG COMl\.HSSION IN THE :O.IA 1TER OF CASE #PUD-98-01 FINDINGS OF FACT, CONCLUSIONS AND RECOMME."1/DATIONS RELATING TO A PROPOSED REZONING FROM R-l-A SINGLE-FA.\IIL Y RESIDENCE. TO PUD, PLANNED UNIT DEVELOPMENT FOR PROPERTY AT 3095 SOUI'II UNIVERSITY BOULEVA.RD,ENGLEWOOD,COLORADO FINDINGS OF FACT A,"1/D CONCLUSIONS OF THE CITY PLANNING A. ,n ZONING COMMISSION INITIATED BY: DA VIS PART.IIERSIDP, P .C., ARCIDTECTS; AM> HEARTLAND GROUP OF COMPANIES Commiss ion '.\1embcrs Present : Welker . Weber . Hayduk . Horner . LJ.!hr:im . Ri=ger . Tobin. Douglas Commission '.\1embers Absent : Dummer This mane~ was b.e;ird before the C ity Planning and Zoning Commission on Augus; .1 . 1998 . !Il :he C ity Council Chambers oi the Englewood City Hall . Tes1imonv was rece ived from sta.ff. the applicant. and irom members of the audie::c:. The C ommission rece:,·ed notice of· ?i.lb lic He:iring . the Suff Repon. the Cenification of Posting, and lene~s fr om reside:11s wb.o could 001 be in anendance . wb.icll wen: incorpor.ued iDlo and made a pan of the record oi the Public Hearing . After consice:ing the statements of the wimesses . and rev iewing the penlDClll docume:i.lS . the me:nbers of the City Planning and Zoning Conurussion made the follow111g Findings mi Conclusions . [OO>INGS QE BO I. THAT this issue was brought before the Co111I111Ssion upon applicauon fil ed by L;-nn '.\1oon:. FASL~. Davis P;irmersb.ip P.C ., ArchiteclS and by Ren Newcomer. Heartwld Group of Companies . 2 . THAT no1ic: of the ?i.lblic He:iring was published in the Englewood~ on July :.1 . 1998 . 3 . lliAT the property was posted by the appl icant for a minimum of I S d.a~s . wl:uc :i ;,osting included the date . time . locauon . and purpose of the ?i.lblic He:iring . 4 . THAT sta.ff presented testimony regarding the requested cbange oi zoruq fro m R--A . Single -fam.tl y Re sidence . 10 PUD . Planned Unit Development for propeny commonly acdressed as 309S South Uruver - siry Boulevard . The application for a change in zoning encompasses rwo jl&rce ls : a vacant 1.03 acre site abuning the Denver/Englewood C ity boundmes . and a l .3S acre parcel wl:ucll is the me of God's '.\1ira - cl e Church . The rezoning request was filed to 3dd • momwy· as a per:runed pnnc:pal use in the R-1-A Zone District :is it applies 10 these two parce ls of land . Suff testified thar :he PliD 1S in compliance wilh the District Plan n:quin:men1S : that the Disrrict Plan is consistent w1lh adopted u:d aeacrally accep(Cd standards of development in the City of En&lewood : that all required documenu . drawin1s. referrals. recommeodanons and ;ipprov;iis have been received : that the Distric t Plan is subswmally consistent wilh . , • •· • 0 I I - • • 4 . • ,. - • • '· the goals. obJec:iv es. design guidelines. policies and any other ordinance . law or requirement oi = :::::. that the PCD Site Plan is in conformance with the Dmrict Plan requirements : that all reqUL.--::: ;i;ic~- ments. drawings. reierrals. recommendauons. and approvals have been received : that the PliD S::e ?!= is consistent with adopted and generally accepted standards of development oi the Ciry of ~::-w:,oo.. and that the PCD Site Plan is substJntially consistent with the goals. objectives. and policies = :r 'JI::r other ordin.a.nce. law or requirement of the Ciry . THAT \1s . Lynn \1oore . of Davis P:uinership P .C .. Architects. representing \1r . Ren "lewcoc:.::-. ~::.·- tied that the inte:11 of the proposed rezoning to PUD 1s ro include a morruary as a permined pr'.::.. . .,...._ == in the R -1 -A Zone District on the 2.03 acre site on :be northwest corner oi the East Darunc= ->.ve -- nue :'Soutb Cniversiry Boulevard intersection. The "le•.vcomer morruary proposed in coniunctiot: ·= == existing God's \1iracle Church wtll not encompass a crematorium. embalming. or any fore: :i :ioa~- preparation. \1s . \1oore displayed conceptual renderings. and testified to on-site unprovements ~-.i::,~sec.. by the applicants. including renovation and modernization of the existing church. elem-up and : ;-,·r;:::=--- ing of the me. saiery improvements including curb. guner . and sidewalk on the perimeter or = ;ae: lighted parking lots: and the location of the proposed morruary /office/chapel which would adjo:.=. = !~ · - isting church. \1s . \1oore also tesufied to plans of \1r . "lewcomer to correct e:usting drainage ~::u:=. removal of earth against fences. and replacement of ie::ces along the north side. 5. THAT Pastor John Bartlemay oi God's \1iracle Churc:i. :'vlr . Owen Bea ver . and '.'vlr . Dan Doc.;·.:.=. ;:~~ sented testimony in support of the proposed rezoning and morruary developme:u . 6 . THAT Fred Tromly . Ben Calkin. Fr31llc Miner . George Bodley . Jane Bremers . Sol Tuck=~. :':--== Hummell . :'Jane y Flanagan . Ed Berg. Louise LJl!a . and Rachele Luchiore. all tesufied in o~c= ·:. the proposed ~ezoning. citing concerns of trJffic congestion. speed of traffic. the need to prese:-.: = ?.· !-.~ Zone Dtstr:ct . the need to prevent commercializ:11ion of this residential neighborhood. rec:·-,x :c property values as a result of the rezoning and morru.uy development, noise levels created by t!:! :.~..::=: church during :be child activiry times. whether adequate public notice bad been given. the ·neg::=·-:· i..-- pec : a morrua.ry would have on the neighborhood. and fe:irs for furure use oi tills sue should ~ :::iJ~c - ary . if approved . nor be successful . 7 . THAT Fred Tromly presented 13 leners to the Col!U!Umon : \tr. Bodley sub!Illned l wnnen ;::.:.=:=:.. and '.'vlr . Be~g submmed rwo wnnen statements. all lll o pposition to the proposed rezomng . 8 . THAT Scruor P!anner Snn presemed J letter fued to the oifice from Chns \1ilne~ .uid Terry C ;-:-..,==: favor of the proposed rezoning . 9 . 10 . I. THAT applic:int Lynn \ioore. in rebutw . testified to compliance with the public noufic:moc ~=: - ments oi the Cr:y of Englewood . \is . Moore also testified to notification ro property owners ~-=:i: neighborhood meetings. md re iterated previous testimony that \1r . Newcomer has committed :.: :-:s.:::v -- ing drJinage issues . sa.fery issues u they pemun to the sire. and reconstruction of new fencing l.C::::f :.=::: north boundJ.ry oi the si re . TilA T sev er:tl .nembers of the Planning Commission posed questions of the lpphcmt . propo= =- opponents . reprdmg the sr arus of the church if the mortuary is approved . the time oi funeral ;,~c=s,c::::.. if services are :i e!d Jt the morruary ,church. clartficJuon of ownership of the rwo parcels of lace. ·.:+==; of parking !ors . co mpliance o f the church with current building code requirements . landscaping = ·:::,: .. - btl ity . and othc: points of concern regardin& the proposal . CQNCLt"s1oss TilA T prope: no r ice of the Public HeJitng was given by pos1m1 of the property and public:it:~:: :i: ..:.c:: No u ce oi Pu blic HeJimg in the Enalcwood ~ o n July ~4 . 1998 . r , ' .. I . ' •. • • 0 ]- • 2. • "' - • • <. TIIAT the Planned Unic Development (PUD) Dis1ric1 Plan and Sice Plan do meet the follow~ =~te:-::i : a . Toe Pt;D Discrict Plan is in conformance with the Disaic1 Plan requirements and :=e Co=;,re- bensive Plan; b . All required documenlS . drawings . referrals . recommendations and approvals :::.a:.e bee= :e- ceivcd; c. The PCD Discrict Plan is consiscent with adopted and generally accepted swidarc.. ;:if de•:e:op- mem in the City of Englewood; d. The PCD Discrict Plan is subs1antiaily consistent with the goals. objectives. dcsig::: guidec:::cs. policies. and any other ordinance. law or requirement of the City ; e . The Pt;D Site Plan is in conformance with the Disaict Plan requirements: f. All required documenlS. drawings. referrals. recommendations. and approvals ~--e bee= :c- ceivcd; g . The Pt;D Site Plan is consistent with adopted and generally accepted standards or ;.eve!o~=ent of the City of Englewood; b. The Pt:D Site Plan is subs1antially consistent with the goals. objectives and polic::::; md. c: lllY other ordinance. law or requirement of the City . 3. TIIAT the applic:11ion 10 rezone 2.3 acres on the northwest comer of the E:ist Dartmouth . .:..·.-e::ue . Svuth University Boulevard intersection from R-1-A. Single -family Residence. 10 PUD. Planne:: ·_·:li1 Devel- opment. and the development of a Newcomer '.\.iorruary in conjunction with the existing C1~::i. is :l :e:i- sonable use of the subject properties. DECISION THEREFORE, it is the decision of the City Planmng and Zoning Coamuss1on w1 the requcs: :.: :czc=e :be oorthwest corner of the South Uruveniiy Boulevard/East Dartmouth A,·enue intc:scc:ion from R-.-.~. S:::te- family Residence. to Planned Unit Development should be recommended 10 C ity Council for approvi. The decision was reached upon 1 vOIC on a motion made at the mcc11n1 of the City P!.lmllna and Zo=i C;:,r-is- sion on August -4, 1998 . by Horner. seconded by Welker. wbich :notion states : TM Planning Commission accept staff r«Offllftllldalion 10 appro,·, rh, Pt"IJ ff~ ~· Da>·is Parm,r:.-:;; P. C. .. -tr- chit«rs. and Hranland Group of Companirs. for prop,~· QJ J095 Sowh Unl\"rniry lloMJl>'GTd. wt..---: :N c::.-,a1 rhal th, appliclllll "'"11 own 1hr prop,rry: if. for a,ry rrason . th, ap.oiiclllll do,s ""' g,r rut, ro rh, .:-::,_~rr:::. said PUD will o,com, null and voui. 17us rrcOffllllffllUd approwu shall o, forwarrud co Ci ty Co1U1c:; :·:;r f'1', o~c.f:lr consid,rarion. AYES : Hayduk. Horner . uthram. Weber. Welker. Dou1Ias NAYS : Rininger . Tobin ASST AJN : None ABSE:-IT : Dununer The mocion carried . These Findings 311d Conclusions arc effective as of the meeting on Augusc .1. 1998 . BY ORDER OF 1llE CITY PLANNING & ZONING COM.'\DSSIO'."I ~ -~ Bill 0 ~ 3 ' ' .. •, • I • 0 -• ' ,.. • C• . • . }I E ll U R .\ \ D [ ll TO: Planning and Zoning Commission THRC: FROM: Robert Simpson. Director of Neighborhood and Business Development Harold J . Stitt, Planning Community Coordinator DATE: August 4, 1998 SCBJ"ECT: Case PUD-98-01 -Public Hearing . '.'iewcomer yforruary Planned Unit Development South Cniversity Boulevard and East Dartmouth Avenue APP LI C..\. ·~n: Lvnn Yloore. FASLA D·a·:is Plrtnersh1p P.C.. Architects I ;-5 She:man Srre:t. Suite 3100 De:-:ser. CO 80203 -1-325 Re:i '.'iewcomer He:mland Groui, of Companies 40 0 South Kansas . .\ venue. Suite 200 Topek:l.. KS 66601-2729 PROPERTY OW'iER: Ame:ic:in Bapust Churches of the Rocky Mountains 3095 South l:m\'erstrv Boulevard En g!ewood. CO 80 I i 0 '.\-lalireddy S. and Syama '.\-I. Reddy 1:so South Parker Road De:i \'e r. CO 80231 REOL'l:ST : The applicant has submitted a Planned Unit Development application to rezone the northwest comer oi South L'niversity Boulevard and East Dartmouth Avenue from R-l-A, Single-family Re sidence D1stnct to PL"D . RECOMl\'IE:'il>ATlON: . Tne Department ot'.'ieighbo rhood and Business Development recommends that the Planning and Zoning Comm1ss1on approve the proposed Newcomer '.\ilorruary Planned Unit Development. LOCATION OF PROPERTY: The subJect me is composed of two parcels totaling 2.38 acres. The northern parcel is vacant and contains 1.03 acres . The southernmost parcel includes a church and contains 1.35 acres . The si te 1s loclted at the northwest comer of South University Boulevard and East Dartmouth Avenue . The site is bounded by South University Boulevard on the east, East Dartmouth Avenue on the south. East Dartmouth Place on the west, and the Englewood/Denver boundary on the north . The surrounding area in Englewood is zoning R-1-A. The adjacent area in Denver is "'~ .. . ' . ' • . .. ., •· • 0 , ]- - • I' - .. • I• . • ' ,. zoned R-1 , a zone classification similar to the R-1-C Zone District in Englewood. Single-:~:iy uses surround the site on all sides. BACKGROUND The subJect site was annexed into the City of Englewood in '. 946 and was zoned R-1, Res:;:e=c: District. In 1955 this area was rezoned to the current R-1-A classification. [n 1964, the ;:::=·e::: site was subdivided as part of the Hampden Hills Baptist Church Subdivision. This subc:·::.s :on included five lots on the east side of East Dartmouth Circ!e. P:ircel .. A .. and Parcel "B". II: : ;:s:. the owners of P:ircel .. 8 .. applied for a Subdivision Waiver to further divide this pare::. ::,e approved Subdivision Waiver created a new Parcel .. c·. which together with the .~!:-:;~ Bapnst Church pare:! is the subje::: of this Pl.TD request. The Planned Coit Development is a rezoning process that establishes specific zoning :i::.: ;;re planning criteria to meet the needs of a specific development proposal that may ::.:: :,e accommodated within the existing zoning scheme. Tne PLTI is composed of a Distr:.:: ?'.m which is the set of zoning reg1.1lations that will apply to the proposed development proje:::. ~.:1s District Plan is coupled with a Site Plan that specifies the general site design of the pr:; .:;ed development. As with any rezoning, the Pl.TD proposal must be consistent with the goai; :: :ie Comprehensive Plan . A.'IAL YSIS: The District Plan and the Site Plan have been combined and submitted as one docuc:==: :or concurrent review, as provided for in the Pl.TD Ordinance. PL TI District Plan The proposed ;'lewcomer '.'vlorruary Planned Unit Development applies to the existing ;::·..:::h facility and the adjacent vacant parcel. The proposed PL TI will permit all of the p:-..::.::;:al permitted uses currently allowed by the R-1-A, Single-famiiy Zone District with the a<ic::::= of morruary/funeral home not including embalming or cremation. The Planning l!ld Zoning Commission is required to make the following findings cone:~; :ie ~ewcomer '.'vlorruary PLTI Distr:ct Plan : I. The PLD District Plan is. or is not. in conformance with the District Plan requireme-::.: :::r.d the Comprehensive Plan : and The proposed Newcome~ Mortuary PLTI is in conformance with the aF; .::a::1e requirements set forth in Section 16+ l 5 E, 3 e . PL TI District Plan. 2. All required documents. drawings . referrals . recomme.'tdations . and approvals he.·.~ =een recei ved: and All appropriate documents concerning the proposed '.',iewcomer '.vlorruary PLTI ha·:: ·:ee:1 received and referr:ils to outside agencies have been made. 3. The P UD Distric : Plan is consistent with adopted and generally accepted star.d.=..-::..; of development in the City of Eng lewood: and The proposed PL·o Disrrict Plan is based on and consistent with the existing ?.-:-A. District regulations . The PLTI District Plan modifies the R-1-A District regulatior..: :::: l . Adding '.'vlorruary,Funer:il Home as a permitted use . 2 . Prohibiting embalming and cremation. 2 . ' • . .. •· • 0 -: '"It.• I - • • • , . ·, • ,, 4. The P LD Discricc Plan is substantially consistent wich che goals . objeccives. ..:.£:.:gn guidelines . policies and an y ocher ordinance. law or requirement of the Ccy: and Tne proposed '.'/ewcomer :Vlorruary Pl.JD District Plan is in conformance with J i: :cier ordinances. laws and requirements of the City. 5. When :he Pl..:D Discrict Plan is wichin the Englewood Downtown Deve!opmenc .-i: • .:. :..:•-::v (EDDAJ area . che Plan is consiscent with the EDDA approved designs . polic :es and plans. Not applicable . Pl.TD Site P!an The proposed '.'/ewcomer :Vlortuary PLl) Site Plan sets forth the site planning and :.=:m parameters ·.vithin which the proposed development will occur. The Planniniz and Zoniniz Commission is required to make the followiniz findinizs cancer:::..::.;: :.:ie Newcome:-:-;1orruary PL'b Site Plan : --- 1. The PLD Site Plan is, or is nol. in conformance with the Drstr :cr P!an ~equirements: ..:.-:..: The :,rooosed '.'/ewcomer :Vlortuarv Pl.Jl) Site Plan is in conforma.r.ce -..vi th the :'le·.v.: :::=!e:: :Vlorruarv PLl) District Plan . The.Pl.Jl) Site Plan establishes the size. orie:1tation. ~..:. locJtion·ofthe proposed storage structures. The PLl) Site P!an Jlso inc:udes a lanc.o=e plan which provides details as to location of landscape areJS lild :he piant species :.: :: used and bui !ding elevations which illustrate the design of the proposed structures ~ ;;,·e:l as mate:ials to be used. 2. All requ ired documents. drawings. refe"als, recommendations. and approvals her. i :,een received: and . .\!! :equired documents and other materials have bee:1 rece:ved :ind mcor;,orated ::::: ~e proposed PL,1) Site Plan. 3. The P LD Site P lan is consistent with adopted and genera lly ac=e;;ted stand-=--~ of development of the City of Englewood: and The proposed Pl.Jl) Site Plan is consistent with the deve!opme:1t standards set for.:: .= ::ie PL 1) District Plan . 4. The P CD Site Plan is subscantia//y co nsistent with the goals. obJec:n:es and policie~ ~.;; or any ocher ordina nce. law or requirement of che City. The proposed Newcomer :Vlorruary PL 1) Site Plan is in conformance with a:: :r_,e, ordinJnc es. laws and requirements of the City . This proposed PL 1) meets the intent of the Pl.Jl) Ordinance by providing for a use that w:::.::.'! :iot permined by the underlymg zoning is compatible with the e:tistmg church use and i..:.:::.:.:e:1t neighborhoods . The design of the proposed addition will be consis,e:.t with the desir. : : :he e:tisting church in terms oi architecture . Selle, colors , materials . and landsclping. The : ·:'::"all site layout is well designed given the pro:timity of adjace:1t reside:1tial uses md results ir: :a. -::ital developme:1t th at is well mtegr:ited :md unified . 3 •• . , .. •· • 0 '32xl - - • • • • ~. 'I, The proposed Newcomer Morruary PUD is consistent with the Comprehensive Plan and will contribute to the stability of the neighborhood by creating a landsc:ipe buffered open space on :i parcel that has been the subject of considerable development pressure. CURRENT ZR! DISTRICT: R-1-A, Singie-~y Residence District. LEGAL DES~QN: See Pt;l), Sbeet2o3 DEPARTMENT AND AGE~ REYJEW: Department of Public Works: e curb cuts as shown on the proposed PUD do not meet City standards. Please contact the Public Works Department for the currents standards. NEIGHBQRHQOP ~TING SUMMARY: Sec Section 1V of the PI)isttict Plan Narrative H:'GROL 1"BOARDS\Pt.ANCOMMIST Alf REPORTS 91\PUD910I .DOC 4 ' - .. • . • . , ' • 0 f --. 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APPUCATION AEOUIAEME~TS ~s CIIOW eac., r,,,. oi IQClllt,IIOft cannoana IO,.......,. SUDm1fl11 1w •• 11emen11 01 ·-! -;-· ~ .• !.:: :..1 : :.t ·t-:~.1 ernr1 s -~ : ~ sucm1neo cnor ro cnaoai KCeDCante a,111 Of'OCMll"9 cl .., ...-o,t rm OF APP\.!C,'TION AND Fm REZONING P•anneo Unn 0-Olllncl 1PIJO): S5IICJ 1, J . a. 9,1uo· 21·. 22·. 2J· 24·. 25 ·. w . 21 Olntt Q15mc:s: SJOO • $10 per acra i':'i. a. 3. 12 or 13. ,o· 21·. 22·. 23•, 24·, 25·, 21· SUBDIV1SION _ Pt11iminAfY Mao : _Atsidtl>11a1. S100 • S5 per dlleilnJ UM _NorHHllltnllll: S100 • $10 I* acra 1. J. a. 1. 15 . 20·. 22· _ F',nalPlat Ats11:1tn111i: $200 • $10 Ptf acra -Non-rH11:1tnllli : S200 • S10 Plf acn,. uT.,. s. a. 9. '6. 19 . 20·. 21·. 22·. n·. 24•, 25•, 21. 21 _ Lot L.n1 Aa1usunent: S100 1, 3 .•. 5. 16 19. 27 "4110, E:ror CJnecuon: No IN 1.3,;.1 6.Z7 _ '.IIJOr Etror Correcl1Cn : S25 1, 3. 5. 16. 27 coNOmONAL USE PERMIT S5u -,leion,ig"' s.--, $7~ I StcArlll 1. 3. ;. i . 1. 12"' 13. 11. zo·. 21·. 22". u . 24•, 25·, 21i. IIODIFl(.A OOH TO PUD DISTRICT PLAN _ AGmRSUIIM, $100 u . ;. i . 9. a . zo· 2,·.22·.ZJ".24·. 25•,21·.21 _ P'ann,ig c-: S150 1. J. o. l . 9. 14. zo· ,,., zr . 23·, z4•. 25•, 21·. 21 _ C.ty Counc,i: Acoell oni!I S200 ,. i . ;, a. 3. 14. 20·. 2,·.22·.ZJ".24·.25·. 21".27 VAC~TION : SICO 1, J. 6. l . 9 ANNIXA TION: S 100 • S5 PEA ACRE 1, 3. 5. l . 3.1 0.11, 12. 27 SITE ?UN AIEV1EW _ .Aaffl ll'UllrllNI. $100 1. 3. 1i . 21· 22·. n · 24·. 25'. 21·. 21 _Pl.,.,..,q C-5150 1.3.!.~. ·J .21 · :r 23•,24 ·,25·,21".27 _ C.ty Count~ S.00 1,3 a i J .ZI' z2 · 23· 2•·.zs·.zr.21 AIIIMOIIENTS TO SITI Pl.JIii: 125 1, 3, 12, IJ 2 • zz• 23• 24•, 25•, 21•. 27 -"'lAL OF SITE PUN OIMM. fl TIii macTOII: S75 1,l • l .9 1J ,;•• 22 • 23• 24 •. 25.,21'.27 ·No<o l oot-"'tc___.,11'/.,.~al,,,_ WOf>.I to OIOC HI ,DUf pa,,,culll ,..- SUBMITT .ll AECUIP.E~.!E~· Ti I ll ::,..~CQOW U'0 '4'1,Q :~-· :·-=-· .. :,:·:~-.nan~,:..,;..;. ~:-.n•c...-.s.-: 121 I CIOCalCll'lti.>r.e ~·,ue -::•-•~ .• •. tc::•c:o,·"IO ~ ~1c.1,IICIDfON C..oi s.:···...s.-~J..:'*lo •"IC.:Jll~.-S = _.... 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GENERAL PROJECT DESCRIPTION: Newcomer Family Mcrtuaries is respectfully requesting c rezoning from R-1 A lo PUD to allow for o Funercl Home/Chapel facility to be loccted on 2.38 acres of lend at 3095 South University Boul~vcrd (the intersection of Scuih University Boulevard and East Dcrtmouth Avenue) in Englewood. Colcrcc:o. This facility would include re-use cf. enc on addition to. en exist in g c:iurc :-1 en the site. cs we !I as support site end lcnc:scope improvements. II. EXISTING SITE CONDITIONS: E.~istinc Qeve!oomeni: There currently is o one-story. brick church of opproximctely 6 .5CO square feet or. the site end c perking loi fer approximately 54 ccrs. fais;ing siie improvements ere minimal and inc!uce a few pedestrian walks near the builcing . Existing lcnc:sc:::ping is also m inimcl end is primarily located on the ncnh portion of the site. P·coertv Description: The site is composed ci two separate lots. The southernmost lc r. which includes the church development. contcir,s 1.35 acres. The ncnhernmcst lot. which is vac:::nt. contains 1.03 ccres. All proposed building deve!ocme!"ll will occur on the southernmost lot. however. the site will be re-platted ro c single lot in a process sepcrcte from the rezoning. Adjacent Zoning one I enc Use: The property to the south end west of the site is in the C ity of ::"'l g lewood . is zoned R-1 A. and is c:eve!cped cs residential. The prq:er:·1 :mmecictely to the west of the site is a lcrge lot t hct supports o three stcr1 re~;ce!"l ricl stru cture c u rrently used cs a ;::rofess ioncl office cs allowed by c v c~c n ce grcnted by the C ity of Englewood . The property to the north end ecst is ·n th e C ity of Denver. is zoned R 1. and is c:eve !oped as residential. • • • • M el': F ~.i.--i: ~-::: ·:~ 5 S'-i:~M,>'-:·>::· S U,: o:= ,:, cs .:.,~:: ::~:1 .:J25 1 J1J · a~·~::: =~, :,J , s~, • • ' • • • , I • • - Newcomer Fer.-.,:; .'.i\criucry -PUD Distri c t P!cn June 24 . 1998 Pcge 2 Ill. PROPOSED CE'·/Ei.OPMENT: Uses: The proposed imr.-.ecicle uses fer this fcc:iiiy ere a church enc c mortucry/funerc 1 ~cme end support site ceve!cpment. The mcrtucr; use wiil not include pre;::cr::ticn (embclming) or cremcticn cctivities. Permittec Principle Uses currently cllowec under the R-1 A zone clcssificcr icn will ~emcin end ere desc:ii:e-:: on Sheet I of 3 of this PUD District Pion submittal. Building lmorover-ents: A one-story odci:i cn of epproximctely 5.000 to 6.000 s~•Jcre feet is prc;::csec icr the southwesi c::r::er of the existing church structure. This cdc::tion wiil ::e ci a similar scale end :::e constructed of materials complementer; to the exis:ir.g church strucrure. ihe proposed building height will not exceec the ex:s::ng rcci height of the ch urc:i. lntericr end exterior remodeling of the ex:sti ng c:-.·..:rch structure mcy cc:::.;r cs e part of this projec:. Site 1morovemer-:s: Vehicular Ac=:;-,;: ihe existing vehiculcr cc::ess to the site frcr.-. E. Dc:-::-::curh Avenue is propcsec to be relcccted cpprcximcte!y 150 lined 'eel tc ·r.e west to increase the d is:c:-.ce from the Dartmouth/University intersec:icn or.c ·m ;::rcve the safety of :his :r.:ersedien. Th is cccess will remcin cs e full f":'"'.Cverr.e!"'.: cc::ess allowing both left end right turns from Dcrtmcuth. A second c::::ess :c :he s;ie is proposed cs c :-:g:-.r-in/right-out on University !!culev-::rd ncrth cf :he ex:s::r.g church builc in g. Perking: Rec;u ire-:: ;::crkin g is bcsed on the C ity of Eng lewccc s:cndcr:: cf ::r.e space per evefy :r.ree sects fer o church/chcpel. The exis;ing :::icpe, accommcdc tes ,;e,::ting for 300 . resulting in c perking rec;uire!"':".ent cf : :c spcces. This cmci.nl of parking will meet the funcricncl rec;uirements c f :::c rh the church end th e :-:-:criucry. The exist in g perking le t south of rhe ::nurc:: s:r·_c·ure is proposec to be ·econstructed to cc::ommcc:cte 59 perking s::cces. ·rc :1.c :ng 6 fer the discblec:. A new perking lot north of th e cnurc h struc:1.re will oc::ommoc:c te .: : perkin g spcces. includ ing 2 fer l":e ciscc le,::. Pedestn'cn lmcrc ve"'7ents: Pub li c walks ore propose,:: o t:e cevelcce,:: ·n ·r.e p ublic ng hr-of-..vc •. c 1cng both S. University Slvc. ere ::. Dcr:.c'...lh P. ,e ... u e . Additionc l pec!en·cn wclks ore provided from he ;:rocosec =crkin~ c rs ·c rh e building enc frcr-. · e bus stop en S. Un1versi Be 1e ,crd. Lcnc!scccir.c: c:-csccped buffer/setboc crecs be-ween •t-:e ;:::crk ir~ 'c rs ::nd adjacent streers .:::-c residential developrienr ere ;::rcposec :c ::luffer :h e ·,isucl impac t of per ir;;. A landsccce creo of s1;r1f:ccn s :e is ;:rc::::::::sec 'er :r.e -:crth portion of the site s=ecific c lly o :mprove ex1s:ir; crc:rc~e ::::::rcilior.s. ::::reserve some exist in g ·re-es . end to provic!e o visuc enc sc1..rc buffer =etwee-: :he proposec fcc iii i' .::-c he cdjccent reside r,c l ce ,e ccme"I. Siree ·ree plcnting 1s proccse:: fer the put:li c ROW en ::c . Jr1 ers.l; :::-c E. : ::r:.c th. ' . •, ., • • 0 -.• , r . , -• • • Newc::m er Fcmily Mcrtuary -PUD Disirict P!cn June 24. 1998 Pege 3 ,. Licnrir.q: el l proposed building end siie lighiing will be dcwnc::st anc the light scurce will be shielded from view. The type. height. and C:)vercge will meet the C ity oi Eng lewood lighting requirements. IV. COMMUNITY INVOLVEMENT: Severe! meetings between Newc:)mer anc the City of Englewcec and Denver property owners have occurrec prior to this PUD District Plan submittal. Property owners wiihin the required notification crec cs well cs ccjccent City of Denver neighbcrs were notified of community meetings on April 2. 1998 and on June 16. 1998 to review and discuss the proposec plans for the mcrtucr/ on this site. This notific::lion was done in accorccnee with the City of Englewccc requirements one expended lo include 22 neighbors from Denver one Eng lewooc residents outsice th e notification area. Fellowing is c summery of th ese meetings: Aoril 2 1998 Community Meeting: 20-30 people frcm beth Eng lewood end Deriver e1tenced this meeting enc Heroic St iit recresentec th e C ity of Eng lewccc Office of Neighbcrhccd enc Bus iness Develq;meru. A brief presen te1 icn of the proposal . inc !uding type enc frequency cf uses . and an overview cf th e PUD precess wcs done followec by :i genera l c iscuss ion. A sumr.".ery cf t his discussion is: Cor.c:;ms: • C hanging the zene from R-1 A to PUD c::ulc se t the tcne fer other properties in th e .::rec to rezone lo enc:)urcge business rather thcrc resicenlicl ce•1e lcpment • E.~;:lcre the deve!opmen i cf res identia l on this sit e (the ;:re"ic us proposals for res icenti cl development cf The site were c isc u ssec inc!uc:r.g the three-let sin g 1e-fcmily residential one assisted living concepts ; • Cne neighbor die not went to hove to look ct c funeral h cr.-.e or feel ur.c::mfcrtcble using her bcclcycrd whil e th e fcc:lity wcs ;r. se (Denver res icenl to the north) • Trcffic en both University cr.c Dartmouth wcs a concern cf se v era l neighbors • I-cw the site and facility woul c Ioele were important to se v ere ! pcrticipcnts Svcces ticrs: • Re'"'lcve he six buses the! ere currently pcrlcec on the site '.u r.c nimous) • lmpcve t he loncsc:iping on enc surrouncing th e site • Mein c ,n low lighting le v e !s at night • lmcrove he safety of the existin g parking entry th o i is near the Un iv ers i /D artmouth intersection • P·c v;ce c buffer between th e proposed fccility/pcrlc ing le t ::re rh e irr.mec icte neighbors to the north. east one south • Ace sicewallcs around the site to impro ve pedestrian safety • Cc rs,cer lccoting he mcin builcing entr1 to the mcr:1..cr1 er ·he south side c f ·r e c .--i 1..rc h str ucture necr where the c urrent builcirg e~:r; ·s 'ecoted ' . ·- .. •· , • 0 • • •, • .. Newccmer Femily Mcr.u cr; · PUD Disiric: Plen June 24 . 1998 Pege 4 An offer to work together on the site and landscape design with these neighbo~ who were interested wcs extended by Newcomer representciives and three neighbo~ indic:::ted thct they wonted to portic:pcte in this. At the conclusion of the meeting a strew poll wcs token to see 1f the neighbo~ felt thct this was on oppropriote/compotible use fer this site enc o majority of these present supported this concept. The message receive-:: ::y Newcomer at this meeting was if the concerns of the neighbo~ c::uk:: t:e cccressed and their suggestions incorporated into the design. o majority cf them supported this proposal cs on oppropricte/competible use for this site. June 3, 1998 Individual Neighbor Meeting: Three ccjccent neighbors. those who hod expressed en interest in working together en th e cesign end ell res idents of Denver. pcnicipcted in o meeting to re,,iew th e ;::repose-:: site end lcncsccpe pion fer the fec:lity. The ne ighbcr commenrs were v ery fevorcble enc the plcns were mcciiiec to increcse the qu cn iity cf everg~een lcndsccping on th e ncrth and northeast pcrticns of th e sit e. The res ult wcs specifi c views from incivicucl resicences were buffered through th e u se cf evergreen trees end ecrth berms. June 16 1998 Community Meeting: 15 · 20 pecp le :rcrr. ::cth Englewood and Denver cttencec this rT.eeting th ct wes a follow-up to :he meeting in April. A brief summery of the previous meeting end th e wcrk ;:er.crmec by Newcomer following !hot meeting wes presented along with en u ccerec review of the prcpcscl. The presen t e ricn inclucec en exis tin g ccnc:i :cr.s sL:r,ey enc a site /lencscope plen thcr identifi ec th e loceti cn enc size cf th e proposed occiticn cs well cs ell ;::reposed site improvemen t :;. Newcomer stetec i hct they were reocy to submit o couo District Pion to th e C ity cf =ng lewcod th e foll owin~ wee k end wanted the ccmmunity to hove en oppcr.L:niiy to see end comment on the propcscl prior to submittal. Thi s presentcticn wes egc :n fellowed by a general discussion. A summery of thi s discussion is: Concerns: • Property va l ues coulc be impacted by o zon e c~cnge • Thi s rezcning could ccen the door for other busir .esses to lccote in he R-1 A zone Succestions: • Wont assurance th c t the six buses that ore curre!'1r !y pcrkec on the site will be relocated to another site • Provice a buffer between the proposed facility enc the immediate neighbo~ to the north. east enc south • The size and type of proposed signage should :::e ccr.e in scale end mcreri cls cpcropric te to the sett ing; no big signs ' ' • . ' .. • • 0 - - • • • · .. • Newcomer Family Mortuary -PUD District Pion June 24. 1998 Page 5 .. . Several people expressed thei' personal support of the proposal during the meeting and two people spoke out against it (one Englewood resident and one Denver resident). Al lhs conclusion of this mHlin{}. a slraw poll was taken lo 1t1e if lhtl ntJi(jJhbots felt lhaf /his was an appoptiatt, ~ for /his sitr, and all but lwo of lhostl present svpporled this concept The group was also asktld lo votr, on whelhtlr /he proposal ,:,resenftld was aesfhelical/y approf)fiafe for this location and lhtlnl was unanimous svpport of /his. The message n,ceived by NrM::omer at this mt,efing was that the neighbors' main concerns had been addresstKf. lhei-suggtlSlions had betfn inco,poraftld into lhtl design. and a large majority of those f)f9Senf supported lhtJ proposal lo rt1zor1t, 1M sift, from Ii-I A lo PUD and lo develop 1M site as a morluory faclity . *· . ' . ' • • • . ' ( .. • . ... • • 0 , • - - ORDINANCE NO._ SERIES OF 1998 • • • t. BY AUTHORITY " AN ORDINANCE APPROVING THE REZONING FROM R-1-A SINGLE-FAMILY RESIDENCE, TO PLANNED UNIT DEVELOPMENT (PUD) FOR PROPERTY LOCATED AT 3095 SOUTH UNIVERSITY . WHEREAS , Heartland Group of Companies and Davis Partnership, P .C. submitted a P .U.D. application to rezone from R-1-A, Single-family Residence to a P .U .D .; and WHEREAS, the subject site is composed of two separate parcels of land: one consist.in& of 1.03 acres in size and is currently vacant and the second parcel is 1.35 acres in size and is currently developed with God's Miracle Church; and WHEREAS the proposed mortuary is not a permitted use in the R-1-A Zone District, but can be permitted if the rezoning to P.U .D. is approved because the rezoning proceaa provides specificity on permitted uses and site amenities ; and WHEREAS, the proposed P .U.D, will be developed as a mortuary/chapel use in conjunction with the existing God 's Miracle Church; and WHEREAS, the proposed P .U.D. differs from the current R-1-A Single Family Residence District zoning of the site in that mortuary is proposed u a permitted use ; and µ,., . WHEREAS , the Englewood Planning and Zoning Commiuion held a Public Hearing on Auguat 4 , 1998 reviewed the propoul and found : l. The P .U.D. District Plan is in conformance with the district plan requirementa and the comprehenaive plan; and 2. All required documenta, drawinp, referrala, recommendationa, and approvala have been received; and 3 . The P .U.D. 'District Plan is conaiatent with adopted and generally accepted atandarda al dewlopment in the City of Englewood ; and 4. The P .U.D. District Plan is aubatantially consistent with the goals. objectives, design guidel.iJwa , policie1, and any ocher ordinance, law or requirement of the City ; and 5 . The P .U.D. Site Plan is in conformance with the District Plan Requirementa; and -1- ____ ., __ . ' • . .. • • 0 I - - • • • '· 6. All required documents, drawings. referrals, recommendationa, and approvals have been received; and 7 . The P .U.D. Site Plan ia consistent with adopted and pnerally accepted standards of development of the City of Englewood ; and 8 . The P .U.D . Site Plan ia subetantially consiatent with the goals. objectives and policie1 and/or any -other ordinance, law or requirement of the City; and 9 . That the application to rezone 2.3 acre, on the northweat comer of the East Dartmouth Avenue/South Univeraity Boulevard intersection from R-1-A. Single-family Residence . to Planned Unit Development and the development of a Newcomer Mortuary in conjunction with the exiltinc Church, is a reasonable use of the subject properties . 10. The Planninc and Zoning Commi11ion approved the P.U.D. filed by Davis Partnership P.C ., Architectl, and Heartland Group of Companies, for property at 3095 South University Boulevard,, with the caveat that the applicant muat own the property; if, for any reason, the applicant does not pt title to the property, said P .U .D. will become null and void . WHEREAS , the Englewood Planning and Zoning Commiuion recommended approval with additional conditiona to the P .U .D.; NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO , AS FOLLOWS : 5cs;t,igp l. The Englewood City Council 6nda that: 1. The P .U .D. Diatrict Plan ia in conformance with the diatrict plan requirements and the comprehensive plan; and 2. All required documentl, drawinp, referrals, recommendationa, and approvala have been received; and 3. The P .U .D. Di1trict Plan ia conaiatent with adopted and generally accepted standarda of development in the City of Englewood ; and 4. The P .U.D. Diatrict Plan i11ub1tantially conailtent with the goals, objective,, deaign ruideline1, policie1, and any other ordinance, law or requirement of the City; and 5 . The P .U.D. Site Plan ia in conformance with the Diatrict Plan Requirementl; and 6 . All required documentl, drawinp, referrals, recommendationa, and approvala have been recaiwd; and -2- . , • . I· • 0 , I • • • .. ... r 7. The P.U .D. Site Plan is consistent with adopted and generally accepted standards of development of the City of Englewood ; and 8. The P.U.D . Site Plan ia 1ubatantially consistent with the goals, objectives and policies and/or any other ordinance, law or requirement of the City; and 9 . That the application to rezone 2.3 acres on the northwest corner of the East Dartmouth Avenue/South Univeraity Boulevard intenection from R-1-A. Siqle-family Reaidence . to Planned Unit Development and the development of a Newcomer Mortuary in conjunction with the existing Church, is a reasonable WM! of the subject properties . Section 2. The Planned Unit Development attached as "Exhibit A" for 3095 South University Boulevard is approved with the following condition: The Planning and Zoning Commiaaion approved the P .U .D. filed by Davis Partnership P .C., Architects, and Heartland Group of Companiea, for property at 3095 South University Boulevard,, with the caveat that the applicant must own the property; if, for any reason, the applicant does not get title to the property, said P .U .D . will become null and void . Introduced, read in full, and puaed on firat reading on the 5th day of October, 1998 . Published as a Bill for an Ordinance on the ~ day of October, 1998. Thomas J . Burna, Mayor ATTEST: Loucriahia A. Ellis , City Clerk I . Loucris hia A. Ellis, City Clerk of the City of Enc!ewood , Colorado. hereby certify that the above and foregoinJ ia a true copy of a Bill for an Ordinance , introduced, read in full. and pasaed on firat rea ding on the 5th day of October, 1998. Loucriahia A. 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IN! ~T 41 ______ _..,. ~: •:: tGA4A ,. • 90' . , • • • 0 I ]- • • "' - • • COUNCIL COMMUNICATION Date Agenda Item Subfect lntergovemmental Agreement October 5 , 1998 11 a ii Cinderella City Demolition Initiated By Neighborhood and Business Development I Staff Soun:e S . Darren Hollingsworth, Business Analyst COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Community/ Economic Development: Support the redevelopment of Cinderella City. Community/ Economk: Development: Leverage City resources through grant funding. RECOMMENDED ACTION Staff recommends that City Council approve the attached Bill for an Ordinance approving an lnter- Govemmental Agreement (IGA) between the City of Englewood and the U .S . Economic Development Administration (EDA). The Agreement is necessary for the City to accept grant funding for demolishing a portion of the parking deck at Cinderella City. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED On August 10, 1998 Englewood applied to EDA for funding a portion of the Cinderella City parking structure demolition. EDA supports the economic development project as they continue to review Englewood's grant application. The Colorado State Historic Preservation Office (SHPO) requires the City to provide photos and a historical narrative about Cinderella City as part of Englewood's grant application to the EDA. The Agreement documents Et iglewood's commitment to satisfy the SHPO obligation. With Local , State, and Federal agencies WOl1(ing together on the grant. Englewood's Charter requires entering into an lnter-Govemmental Agreement. Englewood anticipates that signing the IGA will permit EDA to grant "Earty Start Status" so that we can being the project on schedule then get reimbursed . FINANCIAL IMPACT Englewood expects to receive more than $800.000 for Cinderella City redevelopment from EDA. The C ity will incur about $5000 in expenses related to providing photos and a historic narrative about Cinderella C ity. The IGA permits the City to be reimbursed for those upenaes. EDA Grant funds leverage C ity resources by providing funding to demolish a portion of the Cinderella City parking structure. The City anticipates that EDA will grant Early Start Status allowing Englewood to incur reimbursable demolition costs. UST OF ATTACHMENTS Proposed Bill for Ordinance lnter-Govemmental Agreement • .... .. .. •· • . ·-~ • : f • , - ORDINANCE NO ._ SERIES OF 1998 • • • BY AUTHORITY ABILLPOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT PERTAINING TO A LONG-TERM ECONOMIC DETERIORATION IMPLEMENTATION GRANT TO DEMOLISH A PORTION OF THE PARKING STRUCTURE AT THE FORMER CINDEREI.LA CITY SITE BETWEEN THE CITY OF ENGLEWOOD, ECONOMIC DEVELOPMENT ADMINISTRATION (EDA), COLORADO ST ATE HISTORICAL SOCIETY AND THE ENGLEWOOD ENVIRONMENTAL FOUNDATION . WHEREAS , the Economic Development Administration (EDA) has determined that the Cinderella City Redevelopment Project in Englewood, Colorado with a federal contribution of $800,000 out of a total project cost of $1 ,069,000, will have an effect upon the Cinderella City Mall, a property eligible for listing in the National Register of Historic Places; and WHEREAS . EDA has consulted with the Colorado State Historic Preservation Officer (SHPO) pursuant to 36 C.F.R. Part 800, reculations implementing Section 106 of the National Historic Preservation Act (16 U .S .C . §470F) AND §UO(t) of the same act; and WHEREAS. the City of Englewood (City) and the Englewood Environmental Foundation (Foundation) have participated in the oonaultation, and ahio have been invited to concur in thl8 Memorandum al Acreement; and WHEREAS. the City Counal of the City of Englewood, Colorado authoriad the fihnc of the application With the U .S . Economic Development Adminiatration: Title IX Economic Ad1uatment Auwtance Grant to fund aaaiatanoe to demoliah a portion of the concrete parlunc 1tructure on the Cinderella City site by the paaaap of Resolution No. -1 . Sen es of 1998 ; NOW , THEREFORE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: $c<;tiop 1. The Intergovernmental Acreement pertauunc to a Lone· Term Economic Detenorat1on Implementation Grant to demoliah a pol'tlOn of the parlunc structure at the form e r Cinde rt!lla City site between the City of Enciewood, Economic Development Adnuniatration (E DA). Colorado State Historical Society and the Enc)ewood Envtronmental Foundation, attached u "Erlubit A", ia hereby accepted and approved by the Engle wood Ci ty Council . $cctjop 2. The City Manqer w authorized to execute and the City Clerk to attest a nd seal the ~l e morandum Of Ap-eement for and on behalf of the City of Enclewood. Co lorado. -I - .... .. •· • I - - • • • • .. · ... • Introduced, read in full, and pasaed on first reading on the 5• day of October. 1998 . Publiahed as a Bill for an Ordinance on the !JG day of October, 1998. Thomas J . Burm, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I , Low::rishia A. Ellis, City Clerk af the City of Enc)ewoocl, Colorado, hereby certify that the above and foreaoinc ia a true copy of a Bill for an Ordinance , introduced , read in full. and paued OD first readinc Oil the 5• day of October, 1998 . -2 - ~-. ' ' • . • • 0 , __ -• ]- • • , . . • ' (' ... MEMORANDUM OF AGIID:MJ:NT SUBMII Im TO THE ADVISORY COUNCll. ON HISTORIC PRESl:llVAUON (Ceucl) PUJISUANT TO 3' CPR f 111.'(a) betweea die Ecoaoaic Denlopaeat Adaieie"laadN ad die C...... m.a.rieal SecietJ ......... die Cied cla Caty Redenlapaeat Project WHEREAS, the Ecaaomic Development Administration (EDA) bu ddamiued that the Cinderella City Redewlopment Project in Enpewood, Colorado with a feden1 COlllributioD of SI00,000 out of a total project COil of $1,069,000, will have an efl'ect upon the Cmderella City Mall, a property elip,le fbr listing in the National llesistcr of Historic Places; and WHEREAS, EDA bas consulted with the Colorado State Historic Preservation Officer (SHPO) pursuant to 36 CFR Put 800, resuJa1ions implemehliog Section 106 of the National Historic Preservation Act (16 U .S .C . § 470f) and § l IO(t) of the same act; and WHEREAS, the City of Englewood (City) and the Englewood Environmental Foundation (Foundation) have participated in the comultatioa, and Illa have been invited to coacur in du MOA NOW, lHEllEFORE, EDA and the SHPO apee tbat the undesuking shall be implementied in accordance with the folJowing srip11larions in order to take into ICCOWll the 6ct of the undertaking on historic properties. EDA will ensure tbat the foDowina meamra are carried out: 1. AR.CHIV AL RECORDING Prior to the demolition of the Mall complex., EDA will require the City to provide Mris&c:tory evidence that the recordarion of the Mall complex bas been completed, accepted by the SHPO, and archival copies oftlm doounenrarion bas been made available to the SHPO and the Englewood Public Library. Doc::11rnenrarion ml be in accordance widl A1termlive Level n u described in A Fmdow IO dw Past-A Y',n, ,a dw Fllllln, ..4 Gwid6 IID P"°*"'1. ... uwnlinl Historic Plaas. by Frederic J. Albelm, Bureaa of Land Manapment, Colorado S.... CMlice, Denver Colorado, 1990, Pan 1bree, AllermliYe An:biYal Doanneat,, pp 34-37 . ;- II )( .. I • I T A •· . ' • . • 0 -• "' • t~ • 2. MONITOllING Tbe sipatories may monitor ldivitia punuaat to the MOA, and the Council will review u:b activities if so requeated by a party to du MOA Tbe EDA will cooperate widt the siptories in can,ms out their review 111d maaitorina rapomit,itiries 3. PUBLIC OBJECTION At. my time during the implem+O•m of the W1ra slipulared in the ~ sbould ID objection to Ill)' u:b meaaure be niled by a member of the pubic, the EDA all tab the objection into account wl COllllllt a needed widt the objedina party, the SBPO, or the Council to relOlve the objection. 4. llESOL VING OBJECTION ,._ Should any party to this MOA object to any aclion carried out or propoled by the EDA with respect to the implen)e 111ioa of this MOA, they shall consult to resolve the objection. If after initiarias IUCb c:omuhaDon, the EDA detelmiaes that the objection cannot be raolwd through COIIIUltation, the EDA sball i>rwud all doanneahrioa relevant to the objection to the Council, includias the EDA's rapome to the objection. Wllbin 30 days afta' receipt of all pertinent doaunemarion the Council sball exercise one of the fi>llowina options: L Advise the EDA that the Council c:oacurs in the EDA's final decision. wbcreupoo the EDA will respond to the objection accordiaalY; b. Provide the EDA with rec;cimmeaderions, wbidl the EDA sball tab into ICCOUDl in reacbiag a final decision reprdina ill rapome to the objec:lioa; or c . Notify the EDA that the Council will CCJIIDIDfflC punuaat to CFll § S00 .6(b) and proc:e.t to commen, Tbe raultins Q)fflffleOt shall be takm inlo account by the EDA in acconlw:e with 36 CFll § I00.6(c)(2). Should the Council not exercise one of the above the above options within 30 days after receipt of all patineut docummtation, the EDA may uune the Council's concurrence in ill paapc,Nd rapome to the objection . S. REPORTING ' . ' . . • . . .. .; • 0 I 11D A n 11D n 11D ~ ; ~ ~ i .~ ii i H ~ p;. 1·1 I 1 · I r ~ f i i i ! r ~ 'If' art ~ I·(~ i i ! I· -I 1· : 9 ~ n I~·;. !t f l Id rr~~ tu 111 ~ h 1.i 1U th ! tJh '11 1.1:J ~ ~ ~-1 n, ,~I f I a· At f i · 1I1f •i~ 1! .lt ,~, ,, 1 ,. ' , ' 'I . i:Uf 11! h · If'" II ll·I ·Jl.i i "iJ., l l J ~ • 0 • • ·" r e I . . 7 . ' "( . ~ . . . . . ;~ I '. ~ . • ]- • .. • - ENGLEWOOD ENVlllONMENTAL FOUNDATION BY=------------~Dlle:. _______ _ ACCEP'IE> far die ADVJSOR.Y COUNCIL ON BIS IORIC PIESEllV A.TION BY:·-----~------~Dlle: _______ _ • . .. ' . .. . . ' , •. • • 0 , I - - • • .. • .... • .. ... COUNCIL COIIIIUNICATION DIiie Agallda .... SubieCt Bills for Ordinances Adopting the 1999 Budget and Approptiating Funds for Fiscal October 5, 1998 11 a iii Year 1999 lllillaladBy Department of Financial Services I .... Source Frank Gryglewicz. Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 1999 Budget and Goals setting meeting on April 25, 1998. The City Council reviewed the City's Five Year Capital Plan (FYCP) at a study sessions held on July 20, 1998. The operating budgets for all City departments and funds were reviewed at a budget retreat held on September 19, 1998. A public hearing regarding the Proposed 1999 Budget was held on September 21, 1998. RECOIIIIENDED ACTION Staff recommends Council approve the proposed bils for ordinances adopting the 1999 budget and appropriating funds for fiscal year 1999. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Charter of the City of El iglewood requires the City Council adopt bils for ordi• as acicJptil1g the next year's Budget and Appn:iprialion Ordinance no later than thirty days prior ID the firll day of the next fiscal year. The 1998 General Fund budget pro;ects an ending fund balance of $5,867,313 or llppl'OJlimllll 20 percent of General Fund total sources of funds for 1999. UST OF ATTACHIIENTS Proposed biUs for ordinances II• ' .. • I • . " ~ ... ~ . .. • • 0 I - - ORDINA.'1CE NO ._ SERIES OF 1998 • • • BY AUTHORITY ABILL,._ AN ORDI~ANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD , COLORADO, FOR THE FISCAL YEAR 1999. WHEREAS, pursuant to the proviaiona of Part I of Article X of the Charter of the City of Englewood, Colorado, adopt.ed by the voters on July 8 , 1958, a budget for the fiacal year 1999 was duly submitted by the City Manacer to the City Council on September 3, 1998; and WHEREAS, a public hearing on the said budget was held by the City Council within three weeks after its submission at the meeting of the City Council on September 21 , 1998, regular notice of the time and place of said bearing having been published within seven days after submisaion of the budget in the manner provided in the Charter for the publication of an ordinance; and WHEREAS, the City Council of the City of Englewood has studied the budget on numerous occasions; and WHEREAS, it is the intent of the City Council t.o adopt the 1999 budget 88 now submitted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Se<;t,iop 1. That the budget of the City of Enc)ewood, Colorado , for the fiacal year 1999, 88 submitt.ed by the City Manacer and duly conaidered by the City Council after public hearinc, be and hereby is adopt.eel as the bud&et for the City al Enclewood for the fiacal year 1999. $eg;iop 2. GENERAL FUND Total Fund Balance, January 1, 1999 Revenues Sales/Use Tu Property and Specific Ownership Tu Franchise/Occupation/Ciprette Tu License/Permit.a lnteriovernmental Revenue CharsN for Servicea Cultural & Recreation Fi.nee & Forfeiturea Milcel.l.aneoua -1- lffi BUDGET S 5 ,064,242 17,000,000 1,993,839 2 ,320,800 633,375 1,330,900 1,270,240 l .319,7M 537,500 391 fOO na•(1) , ' •. • . , • 0 ]- • ·-.. .. Total Revenues Other Financing Sources Total Sources of Funds Expenditures Legislation City Attorney's Oftioe Municipal Court City Manager's Office • • • ... Administrative Services (Human Reeourcee) Financial Services Public Works Safety Services Neighborboocl 6: Bumma Development Library Services Recreation Services Tranafers Out Contingencies Total Uae of Funds Total Fund Balance, December 31 , 1999 5ef:tipp 3 DEBT SERVICE FUNDS Community P:olcr Bmd Qeht 6miz Fund, Fund Balance, January l , 1999 Expenditures Fund Balance, December 31 , 1999 lffi BUDGET $26,797,838 s 2 777 50Q S29 575 aas 198,014 649,279 562,147 520,364 583,590 2,167,351 4,054,131 12,208,825 1,394,940 999,105 3 ,812,818 s 1,546,703 s 165000 $ 28, 762,267 s s s s s 5 ,867,313 134,752 447,600 478,170 104,182 Paying Pi,trjg, · Englcwpgd ComllCDZ A JodYIIU f1ntcr: Qeht Suna Fupd Fund Balance, January l , 1999 S < 40,087> Revenuea s 40,649 Espenditurea s 1,900 Fund Balance, December 31, 1999 • < 1,338> en~111aiw-.a, Diat:rid. Jiil r-ht. Sanirm Fund. Fund Balance, January 1, 1999 s < IM9> Revenuee • 17 .246 -2 - ---~--------- ' , • . • • • 0 , • . ' ,.. •. • • 1999 HtfiQEI Ezpenditures $ 950 Fund Balance December 31 , 1999 $ 15 ,347 Pavinc Qiegtjg #35 Prbt 5cmrc FuDd Fund Balance, January 1. 1999 Revenuee $ <225,496> .. Miscellaneous $ 50,553 Expenditures $ 3,100 Fund Balance, December 31 , 1999 $ <178,043> Pavior Pietnct 9i Debt Scnirr Fuad Fund Balance, January 1, 1999 Revenuee $ <10,186> Miscellaneous Expenditures $ 4,188 $ 400 Fund Balance, December 31 , 1999 $ <6,398> Paxior Pwtzict 137 Debt Scnricr Fuad Fund Balance, January 1, 1999 $ 979 Revenues EXJ>enditurea and Tran.en s 2,836 s 3,350 Fund Balance, December 31 , 1999 $ 465 Coocrrtc Bcr&emmenc Dilfrict 1111 Fund Balance, January I , 1999 Revenues s <44,667> Expenditures $ 10,676 s 750 Fund Balance, December 31 , 1999 $ <34 ,741> Scctm f. SPECIAL REVENUE FlJNDs ,,. • • YlDMMtjgg Tow Fend Fund Balance . January 1, 1999 • Reven-. s 240,413 s 317.500 0 -3- f ft ~ I • "' -' . . ' .. ]-• . • ' • . . 1999 BUDGET Expenditures s 378,000 Fund Balance, December 31 , 1999 s 179,913 Cmmen;ial ftcyplyjpg I t91D Fund Fund Balance, January 1, 1999 s 14%,604 Revenues s 4 ,000 .. Expenditures s %5 ,000 Fund Balance, December 31 , 1999 s lZl,604 Community Qm:lgpmcnt Fund Fund Balance, January 1, 1999 s .(). Revenues and Transfers In s 100,000 Expenditures s 100,000 Fund Balance, December 31 , 1999 s .(). QopgnFund Fund Balance. January 1, 1999 s 119,341 Revenuee and Transfers In s 179,600 ExpenditurN s 177,609 Fund Balance . December 31 , 1999 s 1%1 ,33% 5c<;tiqp 5 CAPITAL PROJECT FUNDS Public lmemnment Fund Fund Balance, January 1, 1999 s 781 ,968 • Revenues s 3 ,419,889 Expenditures s 3 ,837,500 Fund Balance, December 31 , 1999 s 364,357 "' Capital Pmjccu Fupd <fYCP) Fund Balance. January l , 1999 s 43,%19 • • Reven uee s 1,596,703 Expendituree s 1,546,703 0 -4 - , __ I ]- ]- • • Fund Balance, December 31 , 1999 Paying Qi11:Jict. #38 Pebt Sernce Fund Fund Balance, January 1, 1999 Revenues Expenditures and Transfers Fund Balance, December 31 , 1999 SectiaP 6 INTERNAL SERVICE FUNDS Serncenter Fund Funds Available, January 1, 1999 Revenues Expenses Funds Available, December 31 , 1999 Caeital Eauiement Bcnlacement Fund Funds Available, January 1, 1999 Expemes Funds Available, December 31 , 1999 <;cptra1 5cl'Yicw Fupd Funds Available, January 1, 1999 Revenues Expenaea Funds Available, December 31 , 1999 Pmecrtv aod T.itbilitv Sclf·IDIYtlnce Fupd ,WP kPmrn u the Mevnmcnt of Bw Fund Funds Available , January l , 1999 Revenues Expenaea Funda Available. December 31 , 1999 -S- --' . • . 1999 BUDGET $ 93,219 s 22,531 $ 100,000 $ 90,500 .. $ 32,031 $ 664,678 $ 1,364,904 $ 1,185,674 s 843,908 s 830,128 s 678,398 s 412 ,7 15 s 1,095,811 s 28,030 s 310,212 s 276,455 s 61 ,7 8 7 s 524.155 s 718,606 • • s 685,938 • 556,8%3 0 • . ' • . • • . . !999 BUDGET Health $elf-Insurance Fund al.tKi kn11J1r:n III tbe Em11lioo:e Benefit.I flmd Funds Available, January l , 1999 $ 1,133,706 Revenues s 2 ,588,136 Expenses $ 2 ,723,296 Funds Available , December 31, 1999 $ 998,546 .. $ectign 7 ENTERPRISE FUNDS Water Fund Funds Available , January 1, 1999 $ 5 ,222,163 Revenues $ 5 ,528,456 Expenses s 9 ,076,925 Funds Available, December 31 , 1999 $ 1,6 7 3,694 Se,ver Fund Funds Available, January 1, 1999 $18,383 ,209 Revenues s 7,017,500 Expenaes s 6 ,907,772 Funds Available, December 31 , 1999 $18,492,937 SfAml Dreioere Fupd Funds Available, January l , 1999 s 189,887 Revenues s 135,800 Expenaes s 134 ,315 Funds Available, December 31 , 1999 s 191 ,372 Golf A>WIC Fund Funds Available, January 1, 1999 s 543,223 Revenues s 1,933,538 Expenses s 1,886,287 Funds Available, December 31 , 1999 s 590,474 • • 0 -6- , 2 • "~ . ' ~ ]-• • •, • 1999 BUDGET Conger& JJtility Fund Funds Available , January 1, 1999 $ 184,186 Revenues $ 626,000 Expenses $ 610,366 Funds Available, December 31, 1999 $ 198,830 Project Build Fund Funds Available , January 1, 1999 $ 962,552 .. Revenues $ 1,520,000 Expenses $ 1,500,000 Funds Available, December 31 , 1999 $ 972,552 Section a FIDUCIARY FUNDS Malley Center Tr:Hlt Fund Fund Balance, January l , 1999 $ 305,203 Revenues $ 18,000 Expenses $ 60,000 Fund Balance, December 31 , 1999 $ 263,203 Parka and R-atilm Trust Fund Fund Balance, January l , 1999 $ 87,755 Revenues $ 15,000 Expenses $ 6,076 Fund Balance, December 31 , 1999 $ 96,680 Spegal !1m1m11Pli Svailua Ii Da6i:ilng fund Fund Balance, January l , 1999 $ 50,120 Revenues $ 55,980 Expenses and Tranafen $ 5 ,000 Fund Balance, December 31 , 1999 s 101 ,100 • • -7- --------'' , -• • • .. 1998 BUDGET 5N;;tinp 9 JOINT VENTURES LfITI.ETQN/ENGJ,EWOOD WASTEWATER TREATMENT PLANT JOINT YENIJJRE Funds Available, January l , 1999 S 115,674 Revenues Expenses Funds Available, December 31 , 1999 $12,257,644 $12,257,644 $ 115,674 $es;tion 10 . That the said budget as amended and accepted shall be a public record in the office of the City Clerk and shall be open to public inapection. Sufficient copies thereof shall be made available for the uae of the City Council and the public, the number of copies to be determined by the City Manager. Introduced, read in full, and paased on first reading on the 5th day of October, 1998 . Publiahed as a Bill for an Ordinance on the 9th day of October, 1998 . Tbomaa J . Burns, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City ofEnclewood, Colorado, hereby certify that the above and forecoinc ia a true copy of a Bill for an Ordinance, introduced, read in full, and paaaed on first reading on the 5th day of October, 1998. Loucriabia A. Ellis • I • . ··~ • • 0 ]- ·, ORDINANCE NO._ SERIES OF 1998 '· • • ... • BY AUTHORITY AIU.PO& AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD , COLORADO , IN THE FISCAL YEAR BEGINNING JANUARY 1, 1999, AND ENDING DECEMBER 31 , 1999, CONSTITUTING WHA~ IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR lr·j1 I I NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: SectiPD 1. That there be and there hereby is appropriated from the revenue derived from taxation in the City of Englewood, Colorado, from collection of license fees and from all other sources of revenue including available fund balance during the year beginning January 1, 1999, and ending Deoemller 31, 1999, the amounts hereinafter set forth for the object and purpose specified and set opposite thereto, specifically as follows : Legislation City Attorney's Office Municipal Court City Manacer's Office GENERAL FUND Administrative Services (Human RHources) Financial Services Public Works Safety Services Neighborhood and Busine• Dev . Library Services Recreation Services Contingency Transfers Total General Fund $ 198,014 549,279 562,147 520,364 583 ,590 2,167,351 4,054,131 1%,208,825 1,394,940 999,105 3,812,818 165,000 I H§ 703 $ Z8 , 76%.267 CQMM1JNITY CENTER BOND DEBT SERVICE FJJ'NQ Total Community Center Debt Service Fund $ 478,170 PAVING DISTRICT · ENGLEWOOD COMMEBCI A INDUSTRY CENTER DEBT SERVICE FJJ'NQ Total Pavmc District -Englewood Commerce & lnduatry Center Debt Service Fund -1- s 1.900 • . • • • 0 , .... "' I I -• • • CONCRETE REPLACEMENT DISTRICT 1992 DEBT SERVICE FUND T otal Concrete &,placement Dwtnct 1992 Debt Service Fund s 9 50 PAYJNG DISTRICT f35 DEBT SERVICE FUND Total PaV1DC Dm.rict #36 Debt Service Fund s 3,100 eAVIJ:!!G DISTRICT !:Hi DEBI SERVICE FlIND Total Paving District #36 Debt Service Fund $ PAVI@ DISTRICT !37 DEBI SERVICE FUND Total Paving District #37 Debt Service Fund $ 3,350 CONCRETE REPLACEMENT DISTRICT 1995 DEBT SERVICE FUND Total Concrete Replacement District 1995 Fund CONSERVATION TRJ !SI FUND Total Conservation Trust Fund COMMERCIAL REYQLVING LOAN FUND Total Commercial Revolving Loan Fund COMMUNITY DEVELQJ>NENT FUND Total Community Development Fund DONORS FUND Total Donors Fund PUBLIC IMJ>RQYENEN'J' FUND Total Public Improvement Fund CAPITAL PRQJE{,1'5 FJJND lfYCP} FUND Total Capital Projecta Fund PAYJ@ DISTRICT f38 QIBT SIBYJCE FUND Total Pavinc Diatrid. #38 Debt Service Fund -2- -~ ........ s 750 S 378,000 s %5 ,000 S 100,000 S 177,609 S 3,837,500 S 1,546,703 S 90,500 . . .. • . • • I • 0 • • • . . SERYICENTER FUND Total ServiCenter Fund ,. CAPITAL EQUIPMENT REPLACEMENT FUND Total Capital Equipment Replacement Fund CENTRAL SERVICE$ FUND Total Central Services Fund S 1,185,674 S 412,715 S 276,455 PROPERTY AND LJABIIJTX SELF -INSURANCE FUND Total" Property & Liability Self-Insurance Fund S 685,938 HEALTH SEI,F-INSURANCE FUND Total Health-Self lmurance Fund S 2,723,296 WATER FUND Total Water Fund S 9,076,925 SEWERFUND Total Sewer Fund S 6,907,772 5IQRM QRAltWiS FUND Total St.orm Drainap Fund S 134,315 QOLF COURSE FUND Total Golf Coune Fund S 1,886,287 CONCRETE UTIIJTY DJNP Total Conaet.e Utility Fund S 510,356 PRQJICT RJJILQ FUND Total Project Build Fund S 1,500,000 ¥6Jd:EY CJNtlR DJJST D JND Total Malley Center Tnaat Fund s 60,000 -3- . . . • •. • . ' • 0 I ........ I I ]- • ... • ·~ • ... PARKS AND RECREATION TRUST FUND Total Parks and Recreation Trust Fund s 6 .075 SPECIAL ASSESSMENT SURPLUS & DEFICIENCY FUND Total Special Assesament Surplus & Deficiency Fund s 5 .000 LITII,ETON/ENGLEWOOQ WASTEWATER TREATMENT PLANT JOINT VENTURE FUND Total Littlet.on/Englewood WWTP Joint Venture Fund $12,257 .644 Sed;ion 2 The foregoing appropriationa shall be conaidered to be appropnanons to groups within a program or department within the fund indicated but ahall not be construed t.o be appropriated t.o line it.ems within any poupa, even though such line items may be set forth u the adopted bwfcet for the meal year 1999. Se<;tjpn 3 . All moniea in the bands of the Director of Financial Services, or to come int.o the Director's bands for the fiscal year 1999, may be applied on the outsta:1d.inc claims now due or to become due in the said &.cal year of 1999. "'~ Sed;ion f All unappropriated monie• that may oome into the bands of the Director of Financial Services durinc the year 1999, may be 110 dutributed among the respective funds herein u the City Council may deem beat under •uch control u ia proncied by law. 5crtjgp 5 . Durinc or at the cloee of the meal year IX 1998, any •urplua money in any of the reapective funds, aft.er all claima for 1998 apimt the aame have been paid, may be distributed t.o any other fund or funda at the cliacretioo IX the City Council Introduced, read in full, and puaed OD fint reaclinc OD the 6th day of October. 1998. Publiabed u a Bill for an Ordinance on the 9th day IX October, 1998. Tbomu J . Burm, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I , Loucriahia A. Ellis, City Clerk of the City IX Enclewood. Colorado, here~· certify that the above and fore9Dilll ia a true copy« a Bill far an Ordinance , introd~~ read in full, and pUNd OD fint read.inc OD the 5th llay IX October, 1998. -4- -.. -~--' • . . ~ .. • • 0 - - • • • COUNCIL COMMUNICATION Agenda Item . October 5, 1998 11 a iv Initiated By Staff Source 11 - 5ubtKt Bill for an Ordinance establishing the 1998 Mill Levy to be Collected in 1999 Department of Financial Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 1999 Budget and Goals setting meeting on April 25, 1998. The City Council reviewed the City's Ftve Year capital Plan (FYCP) at a study session held on July 20, 1998. The operating budgets for all City departments and funds were reviewed at a budget retreat held on September 19, 1998. A public hearing regarding the Proposed 1999 Budget was held on September 21, 1998. RECOIIIIENDED ACTION Staff recommends Council approve the proposed bill for an ordinance establishing the 1998 mill levy to be collected in 1999. BACKGROUND, ANALYSIS, AND ALTERNA11VES IDENTIFIED The City of Englewood assesses property tax for the general operations of the government and for the Community Center Debt Service Fund. TABOR restricts the City from raising the mill or the amount collected (over the Denver-Boulder CPI plus local growth factor) without a vote of the citizens. This year's General Fund mill levy is unchanged from 1997 (5.880 miNs). The 1998 levy is certified to Arapahoe County for collection in 1999. The Englewood Downtown Development Authority's mill levy is set at 4.397 mills as recommended and approved by the Authority . The net assessed value subject to the Englewood Downtown Development Authority mill levy for 1998 collected in 1999 is $26,443,940 compared to an assessed value of $25,297,240 for 1997 collected in 1998. FINANCIAL IMPACT Based on the assessed valuation for the City of Englewood as certified by the Arapahoe County Assessor, the net assessed value of al properties in Englewood for 1998 is $302,981,240 compared to $299,448,950 for 1997. The 1998 miH for General Fund operations is 5 .880 mills and 1 .460 mills for the Community Center Debt Service Fund. The total mill levy is 7 .340 for 1998 collected in 1999. The total amount budgeted for General Fund operations is $1 ,763,839 (net of unoolec:tibtes, abatements, etc.). The amount budgeted for the Community Center Debt Servic:e Fund is $437,600 (net of uncollectibles, abatements, etc.). ·--[' ' .. r' . . • . . ... • • 0 , - • • . " ·, • (. A home owner with a $100,000 dollar home in Englewood would pay the following to the City of Englewood: Market Value Assessment Ratio Assessed Value General Opela1iol IS Mil Levy Taw Paid For Gelwal Fund Openlllona Market Value Assessment Ratio Assessed Value Community Center Bond Fund Mill Levy Taw Paid For Community Cenlar Bond Fund Total TUN Paid To City Of IE, ....... UST OF ATTACHMENTS Proposed bill for an ordinance $100,000 9.74% $9,740 5.880 $57.Z, $100,000 9.74% $9,740 1.460 $11.21 " -. , •. .. • • 0 f ,,,,, I . ' ORDINANCE NO ._ SERIES OF 1998 ,, • • • BY AUTHORITY COUNCIL BILL NO. 66 A BILL FOR ==~ AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD. COLORADO, AND ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY. WHEREAS, it ia the duty of the City Council of the City of Englewood, Colorado, under the Englewood Home Rule Charter and Colorado Revised Statutes, to make the annual levy for City purpoeea; and WHEREAS, the City Council baa duly conaidered the estimat.ed valuation of all the taxable property within the City and the needa of the City and of each of said levies and baa determined that the levies u hereinafter aet forth. are proper and wiae; and WHEREAS, the following levies are permitwd under Article X, Section 20 of the Colorado Constitution without a vote by the citizena; NOW, THEREFORE. BE JT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Srrtioo I That there be and hereby ia levied for the year of 1998, due and payable a& required by statute in the year 1999, a tu of 5.880 mil1a OD the dollar for the General Fund oft.be City of Enclewood., Colorado. and 1.460 mil1a OD the dollar for the Community Center Bond Fund Debt Service Fund of the City of Enclewood. Colorado. That the levy herein above aet forth ahall be levied upon each dollar of the aMeNed valuabon of all tuable property within the corporate limit.a of the City al Enclewood. Colorado, and the said levy ahall be certified by law . Srrtioo 2. That under the authority o{ the Colorado Revised Statutee and the Enclewood. Home Rule Charter, there ia hereby levied b the year 1998, due and payable u required by law in 1999, a tu o{ 4.397 mil1a on the dollar for the uae and benefit of the Enclewood. Downtown Development Authority . The levy herein above aet forth ahall be levied upon each dollar o{ aMeNed valuation of all tuable property W1than the Ens)ewood., Colorado, Downtown Development District, and the uJd levy ahall be oertmed u required by law . Introduced. read in full, and pUNd OD fint readinc on the 5th day of October, 1998 . -I - . , • . . --- • • 0 r,.,,,, I - • • ~ • • Publiabed u a Bill for an Ordinance OD the 9th day of October, 1998. Tbomu J . Burm, Mayor A'M'EST: Loucriabia A. Ellia, City Clerk I , Louc:riabia A. Ellia, City Clerk of the City ofEupewood. Colando, hereby certify that the above and foreFinl ia a true copy of a Bill for an~. illtrodw»d, read in full. and paaed OD fint reamDJ OD the 5th day of October, 1998 . -2- --.. ' ' • . • .. .. . • • • 0 r_ I - • • • • (. omJINANCB N0./11 SERIES OF 1998 BY AUTHORITY COUNCIL BILL NO . 58 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING A CONSENT TO ASSIGNMENT OF LEASE AMONG THE CITIES OF LI'M'LETON AND ENGLEWOOD AND ABC INC. WHEREAS, in 1991 the cities of Englewood and Littleton, as owners of the Bi-City property, entered into a Fifteen (15) year lease with Radio Property Ventures; and WHEREAS , this leaae is for property upon which sits a radio transmitting tower with accompanying 111:ructures ; and WHEREAS, the tower is CUJTently used by the Disney Company, the parent company of ABC lnc.; and WHEREAS, Radio Property Venturee wishes to assign this leue to ABC Inc. with no chance• in the term, of the lease; and WHEREAS, the City of Littleton bas co1111ented to the Aasipment of the Leaae; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNClL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Settim 1 . The Collllent To Aasipment Of Leue between ABC, lnc. and the cities of Enclewood and Littleton pertaining to Bi-City property is attached hereto u Exhibit A. Settim 2 . The Collllent To Aasipment Of Leue is hereby accepted and approved by the Enc)ewood City Council and the Mayor is authorized to eucute and the City Clerk to atteat and aeal the Conaent To Aasipment Of Leaae for and on behalf of the City of Enc)ewood . Introduced. read in full, and paaaed OD first reading OD the 21st day of September, 1998 . -1 - . , • . ' ... • • 0 , I • • .. · ... • .. Published as a Bill for an Ordinance on the 25th day of Sept.ember, 1998. Read by title and paaeed on final readinc on the 5th day of October, 1998. Published by title as Ordinance No . ~ Series of 1998, on the 9th day of October, 1998. ThomasJ. Burns, Mayor ATTEST: Loucriahia A. Ellia, City Clerk " I , Loucriahia A. Ellis, City Clerk of the City ofEnclewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance paaeed on final reacliq and published by title as Ordinance No . ~ Seriea of 1998. Loucriabia A. Ellia -2- -· . . ,, .. , • . . . < .,. .. 0 • • 0 -• ~- • • <. EXHIBIT A CONSENT TO ASSIGNMENT OF LEASE TO: Radio Property Ventures ABC , Inc . Regardinl the Lease Acfeement dated July 16 , 1991 , amonc the City of Enclewood. Colorado and the City of Littleton. Colorado, u Lea«, and Radio Property Venture&, as Lessee a copy of which is recorded with the Recorder of Arapahoe County, Colorado, in Book 6222 at Paces 329 through 336 . The City of Enclewood, Colorado, by and t.brouch ita Mayor hereby coniienta to the usiPJllent of the above-referenced Leue Apement by Radio Property Venturee to ABC , Inc .• a New Y orlr. Corporation. EXCEPT for the notification provisiona. all nshta and duti• of the parties remain the aame . Tbe nc,ticee required under Paragraph 13 , shall be c:hanCed u follows : 13 . lSsJl;il;a . Any noticea wmcb are required hereunder, or which either Leaaee or Leuor may desire to aerve upoo the other. aball be in writing and shall be deemed aerved when delivered penonallY or when depollited in the United Statea mail. certified, return receipt reqUNteCl. poatace prepaid. addressed as follow s : lf tn J4yec: Griffith W . FosleY , Vice President ABC , Inc. 77 West SSta Street New Y orlr.. NY 10023-6298 Telephone: 21ZJ456-6063 Fax: 212/4S6-6S65 If.JP Jn,pr. City of Enclewood ATl'ENTION : City Manqer 3400 South Elati Street Enclewood, Colorado 80110 and City of Littleton ATl'ENTION: City Man.acer 2255 West Berry Avenue Littleton. Colorado 80165 ATI'EST: Low:riahia A. Ellis. City Clerk Emergency Notification: Frank Trueblood Phone: 303 936-4990 CITY OF ENGLEWOOD Tbomu J . Suma, Mayor . . . ' .. ... ' ~ . .. • • 0 -• "" - • • COUNCIL COMMUNICATION Date Agenda Item Subject A resolution declaring the intent of the City to reimburse itself with proceeds of a future October 5, 1998 11 Ci borrowing for capital outlays connected to the Cinderella City Redevelopment Project and the proposed Civic Center Initiated By Department of Financial Services I Staff Source Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council has made improving the City of Englewood's public facilities and image a top priority. The redevelopment of Cinderella City and proposed Civic Center addresses both goals. RECOMMENDED ACTION Staff recommends the City Council approve the attached resolution . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood has recognized the need for a new city haH for some time. In 1996, a facilities master was completed that quantified the space needs of the City of Englewood. Community members, staff, and City Council have recognized that the Foley's building was a viable building that should be used and not razed with the rest of the structures on the site. Consequently, the Foley's building has been incorporated in the plans to renovate the Cinderella City site. This resolution allows the City to reimburse itself with the proceeds of certificates of participation that the City is planning to issue prior to the end of 1998. No alternatives were identified. FINANCIAL IMPACT The total net issuance for the City's portion of the Cinderella City Redevelopment Project and proposed Civic Center is not to exceed $24 miUion . This will be financed by issuing certificates of participation. UST OF ATIACHMENTS Proposed resolution ' . .. •. • I , , ' • RESOLUTION NO.~ SERIES OF 1998 • • • A RESOLUTION OF THE CITY OF ENGLEWOOD, COLORADO DECLARING ITS OFFICIAL INTENT TO REIMBURSE ITSELF WITH THE PROCEEDS OF A FUTURE TAXABLE OR TAX-EXEMPT BORROWING FOR CERTAIN CAPITAL EXPENDITURES TO BE UNDERTAKEN BY THE CITY ; IDENTIFYING SAID CAPITAL EXPENDITURES AND THE FUNDS TO BE USED FOR SUCH PAYMENT; AND PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the City of Englewood (the "City"}, in the State of Colorado (the "State''}, is a municipal corporation duly organized and existing pursuant to its Home Rule Charter and the Constitution and laws of the State; and WHEREAS, the City Council of the City (the "City Council") is the governing body of the City ; and WHEREAS , the City Council has determined that it is in the best interest of the City to make certain capital expenditures on the renovation and improvement of the Cinderella City Redevelopment and Civic Center Project (the "Project''); and WHEREAS. the City Council currently intends and reasonably expects to partu:1p a te in a taxable or tax-exempt borrowing to finance such capital expenditures . said amount not to exceed $24 ,000,000 (the "Financed Amount"); to reimbune the City for the portion of •uch capital expenditures incurred or to be incurred aubtiequent to a da te wlucb aa 60 da · p nor to the date hereof, but before s uch bormwing and which 111 w1thm 18 moatba of the date of such capital expenditures or the placing in 11erv10e al the Pro,ect. -~ .. lat.er Cbut in no event more than 3 years after the date of the Ol'll1Dll1 expendit\lr'e al auch --,a). and WHEREAS , the City Council hereby deairea to declare ,ta offiaal inteat. punuant 26 C .F .R . Section l.150-2, to reimbune the City for •uch capital espencbturM with proceeda of the City's future taxable or tax-exempt borrowing; NOW , THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE cm · O F ENGLEWOOD, COLORADO, THAT: Sect.jog l. Qeclaration o(Qffirjal Intent The City s hall, pre11ently intends, and reasonably e xpects to finance the Project with legally available funda . Sect.jog 2. !8§BIPO: of Bondi or Not,:a . The City pre11e ntly mtenda and reasonably e xpects to participate ma taxable or tax-exempt borrowmg within 18 months of the date of the e xpe nditure of moneys on the Project or the date upon which the Project is placed in service , whiche ver is later (but in no event more than 3 years after the date of the original e xpenditure of s uch moneys); and further intends to allocate from said bormwing an amount, not to exceed the Financed Amount, to reimbune the City for ita expenditures in connection with the Project. . , •, .. .,,,; •· • 0 , :Va I • • • <, .. Section 3 . Omfigpation of Prior Acy. All prior acts of the officials, agents and employees of the City which are in conformity with the purpose and intent of this Resolution, and in furtherance of the Project, shall be and the same hereby are in all respects ratified, approved and confirmed. ADOPTED AND APPROVED this 5th day of October, 1998. Thomas J . Burna, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I , Loucriahia A. Ellia, City Clerk for the City of Enclewood, Colorado, hereby certify the above ia a true copy of Resolution No.~ Seriea of 1998. --------- " · .. • . ' .. • • 0 f ____ I - • I' ( ' ' r-.f--t ... ~ .... :·, -; /I !~'. re .... I ' Frank Gryglewicz 10/02198 01 :19 PM To: Gary SearslCity of EnglewoodOCOE • • • . . cc: Nancy ReilOCitv of EtlQlewoa IOCOE. Chris Diebolcl1City of EnglewoodOCOE. Lou ElialCity of EtlQlewocldOCOE. Leigh Ann HoffhiMI/City of EnQlewoodOCOE Subject: Council U 80 ~ I --9 like to pul CB _JJfrom Monday's agenda. There are _.,. c:oncema r-aan1inG the numbering in the IGA~ 1 nNd to be clNred up before it can go to Council. Mayor Bums rlNda to know Monday night, since Council has alrudy '9Ceived their packets. Thia item wil go beck to Council on October 19th after the correc1ions are made . .. , . .. . . •. • • 0 1 :12xl ,, -• - 0 • • . - f rh1 f hrt --~ ------___ a,,,.t~,~'!fh. .. 10k/;f L I IJ. Al · .-~-C&/'~'..' -1 .<:40_~2-~~-------r-= _____ .---: -=-= .2, ~ /}Ji!tlk ---- . -=-= J, 14:--~ ~-~--~ --i£ fM_ WI -------~ --- .. ------- • • ---- . ,I • -, • f 0 t• • • • ... • • . t',, I' • " -. ' . ' -•. 0 I • -' .. --------------- --------- • • ~ - C ' )( • "' - 0 ,. • • • • - • • • ' ' 0 • -------- __ ___,_ --wf.nl0hti-6t~-~ - ----~uk~~ ---- ~-------~----~~--&'15&-~--,,.-,. -,1 , /JA-j /J ~ --.. -------,+,&--,/AA J/)la'.W//L~~ ---------~------- ------- -- ___ _.,..------------- Ck..Jo10-od-7'W-~~--------- ~~%-~~ _.~~ ;;).,ffl--7:4,A~ ----~ ___._----------------------~- . , • 0 -• • I• • AGENDA FOR THE REGULAR MEETING OF • THE ENGLEWOOD CITY COUNCIL MONDAY, OCTOBER 5, 1998 7:30 P.M. 1. Call to order. '7;~ F 2. 3. Invocation. /;~ _ Pledge of Allegiance. ~ 4. Roll Call. {) ~ 5. Minutes. • "~ a.pp J '7--(>· Minutes from the Regular City Council meeting of September 21, 1998~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Chris Olson, Director of Safety Services . will share with Council a commemorative plaque received from Mission Hills Chu rch in Littleton honoring Englewood's Fire Fighters and the other fire organizations that serve the South Metro community. < ' 7 . Non-Scheduled Visitors. _ {Please limit your presentation to five min\ltaw..tiii tl, l)t81,'/ l7£1R..Y-S.!r# -,...:J74 lf(U)(iA/IJIJflf. 1..llfr!mi.JJ rOR.. aJ;;tiaft) ~,;/l.t.:f6JhhW ~ J::./l)fl 8. Communications, Proclamations, and App6(ntments. -r-~ J!JUf1 'i-1:riJ ~ a . Letter from W. Mark Barber~' · his resignation from the Englewood Board of '7-::(} Adjustment and Appeals. b . Letter from Judy~~ jndidl~r resignation from the Englewood Public -..,.uu,.._...... Library Board. ft'~ '7~1amation declaring the month of October as m--·~ d ~ ,q. ,., A proclamation declarjng the "'9'Wf Oct o 998 t:«f f7 ~ -r,UI; ru Prewntlon WNk. r{) !O - ~Aprocla a · ringthew:!1/~ober , . "'., .. .-vv., -r fl" I v"" WNk. PINN noe.: "you haw• dlerhllti, and nNd amlllly alda or---. ....... nomy .. ca, of !nglawood (303-712•2411) at INet 41 houra In...._ alwhm _,,... .. MBdado T'-* ,-a. ' • I • • • 0 -• • • <. Englewood City Council Agenda October 5, 1998 ~ Page 2 ~ pmclamabon d~rin9 th~ek ~~ Coffl ... nlty . 9. 10. ollcingWeek.0~ ~-ANA~ Public HegNone scheduled) Consent Agenda. S1J-/0 -;;__ vr . ~ a. Approval of Ordinances on Firs ii. COUNCIL BILL NO. 54 • commendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to adopt a bill for an ordinance amending the Wastewater Utility Ordinance . STAFF SOURCE: Stewart Fonda, Director of Utilities. COUNCIL BILL ~·4).ecommendation from the Department of Financial Services to ado~~ an ordinance authorizing an Intergovernmental Agreement with the State of Colorado for the purchase of software through existing State contracts. STAFF SOURCES: Frank Gryglewlcz, Director of Financial Services and Chris Diebold, Information Technologies Manager. iii. COUNCIL BILL NO. 63 • Recommendation from the Utilities Department to adopt a bill for an ordinance approving the Grant of a Water Line Easement on South Raritan Street and West Evans Avenue. STAFF SOURCE: Stewart Fonda, Director of Utilities. iv . COUNCIL BILL NO . 64 • Recommendation from the Utilities Department to adopt a bill for an ordinance approving the Grant of a Water Line Easement on South Raritan Street and West Adriatic Avenue . STAFF SOURCE: Stewart Fonda, Director of Utilltln. b. . Approval of Ordinances o~d .!)11,din~ /{)CY' /;~3f-cf iJ}/_\ Council Bill No . 49, ~~~~~ment flk~ Pro Putt Systems, Inc . ,agreement. C. ii. Council Bill No . 56, approving an Intergovernmental Agreement with the Colorado Department of Transportation accepting grant money for a motor cycle program for the Safety Services Police Division . iii. Council Bill No . 57 , amending Title 7-6F (Petty 1'heft) of the Englewood Municipal Code to be consistent with State Statutes . iv . Council Bill No. 59 , approving the assignment of certain rights under the lease to the lessee . Resolutions a~tions. PINN nole: N Voll have • dlublllty and need auxUlary aids or ..-vtcN, plNN nollfV 11w City of ll!nglewood (303-7112•2405) at ..... 41 hours In advance of when NMON .. nNded. ThMk Voll- . ' •. .. •· • 0 , -• -• • , . • &iglewood City Council Agenda October 5, 1998 Page3 11 . Regular Agenda. a. Approv~l~f Ordinances on First Reading. c?5 ~CIL BILL NO. 55 -Recommendation from the Department of Neighborhood and Business Development to consider a bill for an ordinance / regarding the Planned Unit Development at 3095 South Univarsity Boulevard 0 and to set a public hearing on this issue for November 2, 1998. STAFF SOURCES: Robert Simpson, Director of ~lgh mn B"I~ ").$ i COUNCIL BILL N~ e pa e t of =4fP lopment and rold . , Senlo l n r. _ lLf!;!. _ ~ Neighborhood and Business Development to adopt a bill for an ordinance J n 1) approving an Intergovernmental Agreement which accepts grant money from {JrJ;;()._ '(-U the U .S. Economic Development Administration.IL!"~ ~OUJI~~: ~-jf'f I Darren Holllngsworth, Buslneu Analyst. O ~ M)AJ-- iii. Recommendation from the Department of Financial Services to adopt bills for ordinances approving and appropriating the 1999 City of Englewood Budget. STAFF SOURCE: Frank Gryglewlcz, Director of Flnanclal Services. (1) COUNCIL BILL NO. 67, approving the 1999 City of Engle~ B~ (2) COUNCIL BILL NO. 68, approving 1999 Budget Appropria~ COUNCIL BILL NO. 66 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance establishing the 1998 Mill Levy to be !lAI'! ,/ collected in 1999. STAFF SOURCE: Fr~k Gryglewlcz., 1 D)r_or of ~rr:_7~ncla1Servlces.~~, ~ b. AJ roval of Ordinances on Seco/1:lheading~ tf7 # hrz ~ 7~uncil Bill No. 58, mrov;gJ!'t~~iinru of a radio t r I ~ Resolutions and Motions. 1!-u H"io a} fJ.-R....S i. Recommendation from the Department of Financial Services to adopt a resolution declaring the intent of the City to reimburse itseH with proceeds of / ~ / }2 • ~ J a future borrowing for capital outlays connected to the Cinderella City I/ ,-.wri;7 redevelopment project and the proposed Civic Center. fAS,lfr,,~f.!.AJ;fj;-_ A)AV: {;I-J:IP Frank Gryglewlcz., Dir.ctor of Financial Servlcn. /Y'fU./ ~ 12. General Discussion . a . Mayor's Choice . b . Council Members' Choice . P ..... not.: It you haW • dlNblllty and IINd auxlllary aide or ...-.1cee, plNae notify e. City of El ..... ood (303-712-2405) at INat 48 hours In advance of when eervlcee.,. needed. T'-* you. . • . ... •· • 0 , I - - • • • ~. Englewood City Council Agenda October 5, 1998 Page4 13 . City Manager's Report .. a . Englewood Center Update. 14. City Attorney's Report. Adjournment. The following minutes were transmitted to City Council between 9/18/98-10/1/98: , • Englewood Planning and Zoning Commission meeting of September 1, 1998 • .......... : .,.. .....••• ,., ...... _, ..... ut,11 ........ .._ .. _ ...... .. (30l-712-1411) ........................................ ,...,... ------- • I • . ' • • 0 '----• ]- - • . ,. • (. .. TO: FROM: Council Member Ann Nab~ Sue Bradshaw, Executive · ~ DATE: October 5, 1998 SUB,IECT: NLC Conference As requested, listed below are your anticipated expenses for the National league of Cities Conference in Kansas City, Missouri, December 1-5, 1998. Registration Airfare/I" ravel Hotel Meals ~: $840.00 472.00 752.10 210.00 50.00 $2,324.00 If you need additional information, please let me know. Thanks. -----' .. .. . . .. •. • . ' • 0