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HomeMy WebLinkAbout1998-09-21 (Regular) Meeting Agenda• ,. -. ' -• • '' J .. • .. • 0 • SEPTEMBER 21, 1998 REGULAR CITY COUNCIL MEETING ORDINANCE t /9, JC• 'f, 6/• 63, 64, 65, 66, 67, 68 RESOLUTION t ~, 94, 95, 96, 97, 98, 99, 100, 101 • • 0 f __ I ]- • • ~ • ' \. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Septaaberll,1991 1. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7 :32 p.m . 2 . IDvocatioll The invocation was given by Council Member Nabholz. 3. Pledee ffl Allqiallff The Pledge of Allegiance was led by Mayor Bums. 4 . Roll Call Present: Council Members Nabholz, Clapp. Garrett. Bradshaw. Habenicht, Waggoner, Bums Absent Nooe A quorum was praent. Also present : City Manager Sears City Auomey 8RJUmlll Deputy City Clcrt Castle Dircaor Black. Pub and Recrcalioo Golf Manager Spada DiRICIOr Fonda. Utilities Director Gryglcwicz. Financial Services Dircaor Esterly, Public Works S. Mi.ta (a) COUNCIL MEMSER aRADSRAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE HGULAil MEETING OF SUTEMaER I, lflL Ayes : Council Members Nabholz, Bradshaw, Habenicht, Waggoner. Clapp. Bums Nays : Nooe Ahllain: Council Member Garrett The mocion carried . (a) 7 . II - • I • . .. • • 0 ]~ ] • Englewood City Council September 21 , 1998 Page 2 ,<, • • • ... (a) Pam Gibble, District Health Education Coordinalor for Englewood Schools, staled that she was pn:scnt both to inform and invite Council. We have an Assets Presentation on October 7. 1991181 Sinclair Middle School from 7 :00 p .m. to 8:30 p.m .• she advised . Dr. Don Draayer will be coming from the Search Institute of Minneapolis to make a prcscntalion on AIICl Development. Ms. Gibble dillributed materials to Council describing the Assets Approach. The Assets Approach comes from the Search Institute, she said. II is a new way to look at prevention and to help our students. Nonnally, we look al risk prevention, she advised, and look at the negative things that our students arc doing. while the Assets Approach helps us to focus on the positive. The Scarch Institute has identified forty developmental 8llelS that arc important for all studenls to possess, she advised. 11uough the research and the sun,:ys they have shown that the more assets they possess, the better they perform and the grc8lcr succas they have, noc only in school, but also OUlsidc of 1ehool and as they progress through life. The Assets Approach is noc just a school issue, she said, and that is why she has come to invite Council, also. Ms. Gibble said it is a community mobili7Jllion.. involving noc just the schools and the parcnlS, but also busincacs, congrcptions, government, and law enforcement, all coming together to SUITOUlld our youth and to help them clcvclop . Dr. Draaycr will be coming on Oclobcr 7"' to make this pracntation. she said, again inviting Council to anend. He will outline the data and advise how we. as a community, can begin to mobilize around our youth, she said. (a) A proclamation declaring the week of September 20 through 26 . 1998 as Yellow Ribbon Youth Suicide Awareness and Prevention Weck was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION PROCLAIMING THE WEEK 011' SEPTEMBER 20 THROUGH 26, 1991 AS YELLOW RIBBON YOUTH SUICIDE AWARENESS AND PREVENTION WEEK. Ayes : Council Mcmbcn Nabholz. Ganat. Bradshaw. Habenicht. Waggoner, Clapp. Burns Nays : None The motion carried. (a) COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO OPEN A PUBLIC HI.ARING TO GATHER INPUT ON THE CITY 011' ENGLEWOOD'S PROPOSED 1999 BUDGET. Ayes : Council Membcn Nabholz. Garmt. Bradshaw. Habenicht, Waggoner.Clapp.Bums Nays: None The motion carried and the Public Hearing opened. Dircctor of Financial Services Gryglc\\ic-L. duly sworn , pra,cntcd Proof of Publication showing that the Notice of Public Hearing was published in the Englewood Herald on September 4. 1998 and September 11 . 1998. Mr Gryglcwic-.i: invited comment on the 8ud,ct from the citizens. There was no one prcscnl to comment on the 1999 City al Englewood Proposed Budget . COUNCIL MEMHR WAGGONER MOVED, AND IT WAS SECONDED, TO CLOSE THIE PUBLIC HI.ARING . .. • • 0 I - • • • ·, • <. ' Englewood City Council September 21 , 1998 Page 3 City Manager Sears advised that he met with Director Gryglewic-L. Revenue and Budget Officer Susan Clark, and Tom Munds of the Englewood Herald, regarding the changes to the proposed Budget so that Mr. Munds was aware of where the discussion went on Saturday. Mr. Sears said the color coding was a good guide to follow . He expressed his appreciation to Mr. Gryglewicz and Ms. Clar\ for their wort on the Budget preparation, adding that the depanmcnt directors have clone a good job of putting the information out there. Mayor Bums commented that Council felt it was an excellent meeting and that a lot of work was done on Saturday. We went through the Budget in considerable detail, but we also highlighted the most important items. With Cinderella City coming on and the extra etron there, it was a timely meeting and we were all impressed by the stall work and the extra clfon the Directors put in. he said, holding the line on budgeting at the same time we are malting such great changes in the City. Voteraaltl: Ayes : Council Members Nabholz. Garrett. Bradshaw. Habenicht, Waggoner. Clapp, Bums Nays : None The motion carried and lllc Public Hearing closed. 10. C1111-t Apda COUNCIL MEMBER WAGGONER MOVIED, AND ITWAS SECONDED, TO APPROVE CONSENT AGENDA ITIEMS 10 (a) (i), (ii), (iii) alld (Iv) ON nRST READING. (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 56, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AUTIK>RIZING AN INTEROOVERNMENT AL AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF 11lANSPORTATION (CD0n AND THE CITY OF ENGLEWOOD PERTAINING TO A GRANT ESTABLISHING A TRAFFIC ENFORCEMENT PROJECT. (ii) COUNCIL BILL NO . 51. INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AUTIK>RIZING A CONSENT TO ASSIGNMENT OF LEASE AMONG THE CITIES OF LITllETON AND ENGLEWOOD AND ABC. INC. (iii) COUNCIL BILL NO . 59, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AIJTHORIZING AN ASSIGNMENT OF RJGtfl'S UNDER A LEASE BETWEEN THE CITY OF ENGLEWOOD AND RADIO PROPERTY VENTURES AS THE SUCCESSOR IN INTEREST TO MEDIA ENTERPRISES , CORPORATION . (iv) COUNCIL BILL NO . 57. INTRODUCED BY COUNCIL MEMBER WAGGONER • I ·~ • • 0 -. ]- • • Englewood City Council September 21 , 1998 Page4 ' • • l• • A BILL FOR AN ORDINANCE AMENDING TITLE 7 , CHAPTER 6F, SECTIONS 4(A), 4, S, 8(A) AND 9(C), OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO JURISDICTIONAL LIMITS. Vote raultt: Ayes : Nays : Council Members Nabholz. Garrett, Bradshaw, Habenicht, Waggoner. Clapp, Bums None The motion carried. (b) Approval of Ordinances on ~nd 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. S9 , SERIES OF 1998 (COUNCIL BILL NO. SO INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AlmK>RIZING A LICENSE AGREEMENT BETWEEN DANIEL BROST AND THE CITY OF ENGLEWOOD, COLORADO FOR A BARN WHICH WAS BUILT ON THE RIGHT· OF-WAY FOR THE CITY'S WATER LINE. (ii) ORDINANCE NO. 60, SERIES OF 1998 (COUNCIL BILL NO. SI INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUlliORIZING A LICENSE AGREEMENT BETWEEN MICHAEL TifYNNE AND THE CITY OF ENGLEWOOD, COLORAOO FOR THE INSTAU.ATION OF A 6" WATER MAIN OVER THE CITY OF ENGLEWOOD'S RIGHT-OF-WAY FOR THE CITY DITCH LOCAn:D AT EAST BATES AVENUE AND SOUTH EMERSON STREET. (iii) ORDINANCE NO. 61 . SERIES OF 1991 (<XXJNCIL BlU.. NO. S2 l!lmlOOUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AlmK>RIZING A "GRANT OF A CITY DITCH EASEMENT" BETWEEN THE FIRST CHURCH OF CHRIST. SCIENTIST AND THE CITY OF ENGLEWOOD. COLORADO FOR A 25 ' EASEMENT ALONG THE CITY DITCH LOCATED AT 3701 SOUTH LOGAN STREET. (iv) ORDINANCE NO. 62, SERIES OF 1998 (COUNCIL BILL NO. SJ INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING SUPPLEMENT NO. 1311 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITIUN THE DISRICT BOUNDARIES. Votera.111: Ayes: Nays : The motion carried . Council Members Nabhol1_ Garrett . Bradshaw. Habenicht. Waggoner. Clapp. Bums None (c) Resolutions and Motions ,, ~ . . • .. .., •· • 0 - • Englewood City Council September 21 , 1998 Page 5 • • • ... COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (i), (ii) ud (iii). (i) THE PURCHASE OF COMPRESSED NATURAL GAS STORAGE CYLINDERS FROM NATURAL FUELS CORPORATION IN THE AMOUNT OF $34,859.00. (ii) THE PURCHASE OF A REPLACEMENT HEATING SYSTEM FOR THE SERVICENTER 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 $84,865 .00. Vote results: Ayes : Nays: The motion carried. 11 . Regular Ai=cnda Council Members Nabhotz. Garrett. Bradshaw. Habenicht, Waggoner. Clapp, Bums None (a) Approval of Ordinances on Firsl Reading (i) Director Black presented a recommendation from the Department 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 sinoc the first pan of the summer, taking 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 here . Mr. Black said that the bill before them relates to Rivc:rsiclc Miniature Golf. Back in 1990, Riverside added a go<art trxk. and. al that time, there wu an allowance for insurance deduction from the fees that Rivcrsiclc paid the City. In 1995. the oontract wu amended, he advised, and. at that time, the inSllrallCC deduction was inadvertently left out of the ClOall"llCl . We found that out this year, he said. and worked with the City Attorney. and Mr. Simpson. and this amendment would put that deduction back in . It would allow for a maximum of two thousand dollars on the insurance deduction from the net revenues that Mr. Simpson would pay the City. Mayor Bums said it was discussed at the Budget meeting that Mr. Simpson has made some improvements to this facility in the last couple of months. Mr. Black presented a lcncr from Mr. Simpson 10 be entered into the record . Thc letter stales some of the improvements that Mr. Simpson has made lo the miniature golf operations this summer. he said, and, also. some of the impl"O\•e1ncnls he will be making next spring. His operation is winding down now with the fall season and winter coming on. Also. Mr. Simpson is here tonight a nd he would be happy 10 answer any specific questions, he said. Mr. Black advised that Mr. Spada has worked .. 11h Mr SimplOII on the improvements. he has visited the site. a nd has made a \'Cr)' commined elfon 10 imp«l\'C some of the concerns that were raised through the newspaper. Mayor Bums e x pressed appreciation for the imprD\'Cments that .. 'Cre made . The Deputy City Clerk was asked 10 read Council Bill No. 49 by title: ,. - .. ,,i • • 0 , ]- • • Englewood City Council September 21 , 1998 Page6 . ' {, • • t• • COUNCIL BILL NO . 49, INTRODUCED BY COUNCIL MEMBER WAGGONER ,. A BILL FOR AN ORDINANCE AUTHORIZING AN AMENDMENT TO TIIE PRO::PUTI SYSTEMS, INC. AGREEMENT. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (1)-COUNCIL BILL NO. 49, ON nRST READING. Ayes: Council Members Nabholz, Garrett. Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays: None The motion carried. (ii) Director Fonda presented a rca,mmendalion from lhe Ulililics Department to adopt a bill for an ordinance approving a settlemcnl agreement in the case ofGcsin v . City of Englewood. et al. Mr. Fonda advised thal we have a situation here where Mr. Gesin's property had pan of the building foundation on our ditch right-of-way . There was quite a bil of dispute over what would happen, bul we went to the settlement hearing and arrived at • settlement wherein we would quit claim a four foot square area just inside the ditch boundary for him to beef up his foundation, so pan of his house won't fall in. And. he advised ii was staning 10 give way . Also, he uses lhe ditch right-of-way as pan of his back yard, which we don 'I mind. but he did not have a license for ii . Mr. Fonda said there was some dispute over who had rights 10 ii. so he is granting us the rights lhat we feel we always had. This is on our standard license agreement and then we have a mutual release and settlement agreement that refers to both documents. Mr. Fonda said he fee& this is an equitable settlement for both Mr. Gcsin and the City. Mayor Bums said ii seems this was a rather contentious mailer there for awhile. so this seems to be a pretty reasonable compromise. He asked if this was mediation mandated by the District Coun, or was it stipulated to. Mr. Fonda said he thinks it was mandated. you have to do it 10 go to coun. City Attorney Brotzman added that. in Arapahoe County, they mandate a settlement conference. The Deputy City Clerk was asked to read Council Bill No . 60 by title: COUNCIL BILL NO. 60, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING A SETTLEMENT OF AND AUTIK>RIZINO 11fE SIGNING OF DOCUMENTS FOR 11fE SETTLEMENT OF GESIN VS CID OF ENGLEWOOD, ET AL COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (11)--COUNCIL alLL NO. '8, ON nRST READING. Ayes : Council Members Nabholz, Garrett. Bradshaw, Habcaicht, Waggoner, Clapp, Burns Nays : None The mocion carried . (b) Approval of Ordinances on Second Reading There were no addi1ional items submilled for approval on Second Reading. (See Agenda Item 10 - Consenl Agenda.) (c) Resolutions and Moeions "' - • ' .. I· • 0 - Englewood City Council September 21 , 1998 Page 7 .. • • • r , . (i) Director Gryglewicz presented a recommendation from the Department of Financial Services to adopt a resolution approving a supplemental appropriation and transfer of funds from the Public Improvement Fund. Mr. Gryglewicz stated that this is a supplemental appropriation from the Public Improvement Fund unreserved, undesignated fund balance of$210.000.00 to be used for the City 's portion of Paving District No . 38 for higher than anticipated construction costs. The resolution was assigned a number and read by title : RESOLlITION NO . 93 , SERIES OF 1998 A RESOLlITION FOR TI-IE APPROPRIATION AND TRANSFER OF FUNDS FROM TI-IE 1998 BUDGET TO TI-IE PAVING DISTRICT NO. 38. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (!}--RESOLUTION NO. 93, SERIES OF 1998. Ayes : Council Members Nabholz. Garrett. Bradshaw. Habenicht, Waggoner. Clapp. Bums Nays: None 11ie motion carried. (ii) Director Esterly prcscnled a recommendalion from 1he Department of Public Worts to approve, by motion, a contraat for construction of Paving District No . 38. Mr. Esterly said staff is seeking Council's approval to award die contract to Concrete Worts of Colorado. Incorporated, in lhe amounl ofSl.100,644 .00 . The bids were opened for this project on June 18, 1998, he advilll:d, and attached is a tabulation from that bid opening. Since these increased costs would have caused many property owners in Paving District 38 to receive assessments thal far exceeded the original estimates published during the 1997 fonnation of the district. we requested district rcfonnalion at lhe bid prices. A Public Hearing was held on August 17, 1998, al which no one spoke in opposilion to the reformulation of lhe district, he said. Mayor Bums commenled lhat it sccms we have a nilher dramatic increase in the alSl of COIICffle in lhe industry generally . Mr. Esterly agreed . Mayor Burns asked if he secs that continuing. Mr. E5lerly aid no. actually it is a variable type of thing. 11ieR does seem to be, currently. a shortage in COIICfflC and, as that demand creates tllCSC higher prices. it is going to encourage people to increase production. So we 'II probably sec prices go down. and, at some point in the future. they may go down even funher because they will have overproduald concrete. Mr. Esterly said. however. that these priclCs will remain high. al leul for the foreseeable 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. 31 IN THE AMOUNT Sl,100,644.00. Ayes : Council Members Nabholz. Garrett . Bradshaw. Habenicht. Waggo11er. Clapp. Burns Nays : None The motion carried. 12 . Gaienl DillCIIIIMIII (a) Ma yor's Choice ,, - • . .. .. • • 0 - • • Englewood City Council September 21 . 1998 Page 8 • 0 -I• (i) Mayor Bums thanked Bill Naylor and Beverly Horsley, and family. friends and neighbors. for the potluck al their place al 4120 South Fox Street on Saturday night . They had a lot of good questions that they prepared for staff from various departments. who did a very good job of answering them. II was an enjoyable evening and very informative. he said. for us to listen 10 some of lhc other people in the City talk for a change. He thanked them again for their hospitality. (ii) Mayor Burns advised lhal he will be chairing anolher meeting of the Metro Mayors' Caucus on Friday. He pointed out lhal Council had some of the material on air quality. After that, Mayor Burns said he will be getting together with a panel of mayors with whom he will be serving al the Colorado Housing NOW Conference. There is a proposal in the Council packets lo authorize an expenditure for lhal, he said, that includes one night's lodging. Mayor Burns said he is not registering for this conference, bul he is a panelist. There is an allowance for meals in the proposal, and ii is just one appearance on Friday. October 2. 1998. He said he is no1 allcnding the whole conference. but is just going up Thursday night and auending the session in the morning lhal he is participating in. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO AUTHORIZE $239.!IO TO ALLOW MAYOR BURNS TO ATTEND, AS A PRESENTER, THE COLORADO HOUSING NOW CONFERENCE IN SNOWMASS. Ayes : Nays: llie motion carried . Council Members Nabholz. Garren. Bradshaw. Habenicht. Waggoner. Clapp. Bums None (iii) Mayor Burns said one ocher item talked about at the Budget conference on Saturday was the vote lhal Council look al the last meeting. II was on the proposed mortuary development al the church al Dartmouth and University. the Newcomer proposal. which the Council had voted down because ii was a PUD. Mayor Burns said he expressed some concern. and sonie others did also. that Council did not have a Public Hearing on lhal. Some oflhe people who wanted lo speak called us afterward and told us. in no uncertain lcnns, what they thought about that. he said. Mayor Burns staled that, if anyone would like. he would entertain I motion lo reconsider that The final decision, if we have a Public Hearing, may be no different. but thctc is some concern about not having a Public Hearing on something like that He added that he fell the ordinance virtually anticipates Public Hearings on lhcsc things, even though. legally, we may be able 10 get by without having one . Council Member Nabholz said she supports that . She said she has also nxicivcd phone calls. and feds ii is very important that we allow either pro or eon voices of our community 10 speak. and that the oplion wa denied. Mayor Burns said what concerns him is that you leave yourself open 10 all kinds of accusations if it looks like you have prepared your vote before hand. He said he was accused of some things that weren't very nice in a heated conversation with one of the callers. The point was made that. if you don ·1 have a Public Hearing, tlie public might think all kinds of things about how you arrived al 1ha1 vole . Council Member Bradshaw said that if you do have a Public Hearing and you don't agree with what the people say. then you didn 'I listen . Mayor Burns responded that he equates ii with what he secs in the legal profession. If people have a legal dispute, they can go 10 court and are able 10 have their say . Even if they lose. they may nol be happy, but al least they got lo give their side of the ease. ,, - • I •. •· • 0 - • • Englewood City Council September 21. 1998 Page9 •, !, • • t• • Council Member Habenicht said she thought that we had a very lengthy and thoughtful discussion preceding our vote . 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 we should accommodate them. Mayor Bums advised that the way this advances is a motion to reconsider. City Attorney Brotzman concurred. Council Member Bradshaw asked if it required a simple majority. City Attorney Brotzman responded affinnatively. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO RECONSWER HOLDING A PUBLIC HEARING IN REGARD TO NEWCOMER MORTUARY. Ayes : Council Members Nabholz, Garrett, Clapp. Bums Nays: Council Members Bradshaw. Habenicht. Waggoner The motion carried. Mayor Bums said a date has been discussed somewhat, but he is not sure when. City Attorney Brotzman explained that he will work the issues out with Director Simpson and bring the necessary infonnation back to Council . (b) Council Member's Choice (i) Council Ment>c:r Nabholz : I . She advised she will be unable to attend the Tri.City meeting on Friday. September 2~"'. 2. She said she would like to personally thank City Manager Gary Sears. He helped with her municipal government pn:scntation to the fifth graders at Bishop Elementary School . She said she had a difficult time getting the overheads right side up. but we enjoyed it. Mr. Scars agn,cd . 3. She said she would like to be informed or all meetings. and be invited to those mcetinp. in regards to the Golhic Thcaler . 4 . She also i11\'itcd C\'Cr)'OIIC to the neighborhood meeting on Wednesday at Bishop Elcmen&ary . She said she understands the Mayor •ill be out of town, but the meeting is to meet the new owners ol General Ironworks and the Gothic lbcatcr. as well as discuss so1nc of the traffic issues we have been working on this sumlllCf on Dartmouth . Mayor Bums said he met the owner or the Gothic Theater and had a considerable discussion with him at the Tent Talk at Bates Logan Pa rk . and had an opponunity to get acquainted with him a little bit . 5 . Ms. Nabholz said she would like a complete description of eminent domain and what it entails. (ii ) Council Member Bradsha•• said she just had a general comment about the mortuary issue. She said she. too, received calls. and some •ere •hat she would consider abusive. If that is the tactic that people are going to choose to take to sec if they can influence legislation. she asserted, she just doesn ·1 feel that is the proper way to do it. She said she just wanted to say that publicly . Council Member Cla pp said tha t she did not receive any of those types of phone calls. so she definitely did not base her decision on something of that nature. ' ------.---' .. • • • 0 - Englewood City Council September 21, 1998 Page 10 ~. • 0 • ... Mayor Bums said he received one that was a little bit hot , but he tried to work his way through that to think more generally about the kind of response that other people got , too. He said Ms. Bradshaw has a point. Ms. Bradshaw said her concern is that this is a foot in the door in an R-1-A district. When she ran for Council last time, Ms. Bradshaw said she took an oath to uphold the zoning and preserve the residential integrity of our City. She said she sees that as a step of erosion and it concerns her when people have to reson to those tactics to change a Council action. Mayor Bums said there were also people who appeared before Council, who were very thoughtful and some of us have known them for many years. who were supponive. He said his main concern was that we did not have a Public Hearing. Council Member Bradshaw said we are going to listen to them. (iii) Council Member Waggoner advised that. at the last EDDA meeting, the Authority was wanting some help from the City in creating a Special Improvement District. He said he told them he thought we would be happy to help them. since we have the el(J)Cnisc . Mayor Bums said he is very pleased that they are moving ahead . He asked if that is an implementation s&age for the plan. Mr. Waggoner said no, this is a different item, but they do want to create a Special Improvement District . Mayor Bums asked if this is not associated with their downtown plan. Mr. Waggoner responded that he doesn't know if it is associated with it or not . It is pan of that area, but it is not signage or anything like that, he said. (iv) Council Member Habenicht : I . She said she would like to make an additional comment about the Public Hearing. She said she feels uncomfonable about the issue . She said she believes that in the inslall(;C of where wc would be proposing, and have voted in order to change zoning, she would always demand. probably stomp her feet. that wc ha,•e a Public Hearing. But the decision that Council made. based on the information that wc had provided 10 us through the Public Hearing of Planning and Zoning, tluougb what the PUD proc:es -. our decision was not 10 permit that change of zoning. She aid. 10 her. there is a clear dillilldioa there . She said she believes the public always has the right and the oplioa to say things and to disagree with things. but she feels with zoning ililiUCS wc mus1 be very careful. and very thouglllful . It should be always diff1C11lt 10 change 7.oning, ii shouldn't be made easier. She said her ooaccm comes from that viewpoint . She said she will most always vote for a Public Hearing. but i.n this enc she did not think it was appropriate. 2 . She said, regarding the potluck Neighborhood Watch meeting. something she neglected 10 do that night was to say happy anniversary. This was a celebration ofthc1r sixteenth year as a Neighborhood Watch neighborhood. Thal is phenomenal. she commented. adding that we probably have one of the best Neighborhood Watches in all of metro Denver. and this neighborhood has been a model . She offered her congratulations. Mayor Bums said Officer Nancy Peterson always tells him it is the best in the State. ••••• ,. - •· • 0 • Englewood City Council September 21 , 1998 Page 11 '· • • • Council Member Clapp said she just wanted to clarify that. just because we an: going to have a Public Hearing, it docsn 't necessarily mean that we. will change our decision, it simply means that we an: going to listen to concerns of our citizens. 13 . City Manager's Report (a) City Manager Scars said he mentioned to Director Simpson about meeting on the s"' at 4 :00 p .m . regarding the Cinderella City ldcntity/Marlc.cting discussion. He asked if that is too early for Council, or if that is okay, we will proceed along those guidelines. (b) City Manager Scars said we have gone through a series of interviews for the Human Resources Director. We had 2SS applications, quite a few from around the nation, he advised. We had both the Personnel Director for Colorado Springs and the Personnel Director for Swedish Hospital assisting us with those interviews. We also had an employee group. the TQWE group. interview the candidates, and that was really helpful to have some long tenn employees participate, he said. Directors Black, Gryglewicz and Olson also participated in the interviews. Out of the final eight candidates, which is now down to seven. wc had one Englewood citi7.en who was a qualified candidate who also went through the review process. He said he was happy to sec that. We had many good candidates and we will be checking references and doing follow ups so wc can get this person on board by the end of next month, he advised. He said he will give them more details as wc go along. II was a successful review and there was a lot of interest in Englewood in what is going on . 14 . City Attoney's llepo,1 (a) City Attorney Brotzman said he has a request for a motion to enter into good faith negotiations. including, if nca:ssa,y, eminent domain powers, on the Public Service property fonncrly transferred to them from Peter Kewit. This abuts the Wasae Transfer Station in Sheridan and is just under two acres. be said . Council Member Waggoner asked if it is adjacclll and parallel to Union Avenue. Mr. Brotzman raponded affirmatively. COUNCIL MtM•ER WAGGONER MOVED, AND IT WAS SECONDED, TO Al'PllOVE 111& CITY ATTORNEY ENTEaJNG INTO COOD FAITH NEC011ATIONS.1NCLUDING. IF NECESSARY, EMINENT DOMAIN POWt:115. ON THE APPROXIMATELY J ACRE PIJIIUC SERVICE PROPERTY. FORMERLY TllANSnmD TO THEM FROM PETER KEWIT. WHICH A•UTS THE WASTE TRANSRR STATION IN SHERIDAN. A)·es: Council Members Nabhol z. Gam:11. Bradshaw. Habcnic:ht . Wagoaer, Buns Nays : Council Member Clapp 1lie motion carried. COUNCIL MEMBER BRADSHAW MOVED TO ADJOURN . The meeting adjourned 1111 :0I p .m . • • 0 • • . • • <. • • 0 ]- -,_ 1. 2 . 3 . • 0 • (, AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, SEPTEMBER 21, 1998 Call to order. '/:.3;. pm Invocation . ;{)~ Pledge of Allegiance.~ 7:30 P.M . 4. Roll Call . "'J ~ -· .. !J Minutes . ~~jlloute, Imm tt,e Reg,la, Cily Co"""'I meetiog of Sepfembe, a, 1998~ ( Y 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) 7 . _ ... 8.J Of'P"';.o a. Mr. Ronald McDonagh will b~ ~.atte~~~e to discuss concerns he has regarding Code Enforcement. _fa!~ ~n-Sched~led Visitors. (Ple~e limit !our prese~tlo)} ~ five njnutes.) ~)J~-~~ Communications, Proclamations, and Appointments. a. A proclamation declaring the week of September 20 through 26, 1998 as Yellow Ribbon Youth Suicide Awaren ... and Prevention Week. ,, - 9 . Public Hearing. /1.Jitf/JU// -~ 6~~ -,-o t,()°1~ -~IA -,-o 10 . Consent Agenda . ,.... a. Approval of Ordinances on First Reading. ~ • ~ i. COUNCIL BILL NO . 56 • Recommendation from the Department of Safety (JI Ofr i 'II Services to adopt a bill for an ordinance approving an Intergovernmental ~ Agreement with the Colorado Department of Transportation accepting grant t O money for a motor cycle program for the Safety Services Police Division. STAFF q "' SOURCE: Division Chief Tom Vandennee. Pleue note: If you have a dlublUty and need auxlllary alda or Nr.lcee, pleeae nollfy the City ot Inglewood (303-712-2405) at lent 48 houn In advance of when l8IVlcee.,. needed. Thank JOU. ' • ' • \ •· • 0 f X • 0 • '· Engl-ood City Council Agenda Septemller 21, 1991 Page2 ii. COUNCIL BILL NO. 58 -Recommendation from the Littleton/Englewood Wastewater Treatment Plant to adopt a bill for an ordinance approving the assignment of a radio tower lease. STAFF SOURCE: Stewart Fonda, Director of Utilities. iii . COUNCIL BILL NO. 59 -Recommendation from the Littleton/Englewood Wastewater Treatment Plant to adopt a bill for an ordinance approving the assignment of certain rights under the lease to the lessee. STAFF SOURCE: Dennis Stowe, Manager of the lJE Wastewater Treatment Plant. iv. COUNCIL BILL NO. 57 -Recommendation from the City Attomey's Office to adopt a bill for an ordinance amending Title 7-6F (Petty Theft) of the Englewood Municipal Code to be consistent with State Statutes. STAFF SOURCE: Dan " .. J..J..? :-~ Brotzman, City Attorney. ~~w b . Approval of Ordinances on Second Reading. lf/i,i ~ ~-5'f i. Council Bill No. 50, approving a License Agreement with Daniel Brost for //"O encroachment of a bam in a water main easement right-of-way. (J'IJI. t,b ii. .• .J t,I ... ,,,. Ill. Council Bill No. 51, approving a License Agreement for a six inch water line at Bates and Emerson . Council Bill No. 52, approving a City Ditch Easement for the First Church of Christ, Scientist at 3701 So . Logan Street. Council Bill No . 53, approving Southgate Supplement No . 138. c . Resolutions and Motions. ~r Recommendation from the Department of Public Works to approve, by motion. the purchase of compressed natural gas storage cylinders . Staff recommends awarding the bid to the only bidder, Natural Fuels Corporation . in the amount of $34,859 .00 . STAFF SOURCE: CharlN Estarty, Director of Public Works • • I J)~u.,, ,1 .. ~ II . ,0~1 ?--o Recommendation from the Department of Public Works to approve. by motion, the purchase of a replacement heating system for the Servicenter. Staff recommends awarding the bid to J . J. Lay, the only bidder, in the amount of $27,900 .00 . STAFF SOURCE: Chartes Estarty, Director of Public Works. • iii. Recommendation from the Department of Public Works to approve, by motion, the purchase of a street sweeper. Staff recommends awarding the bid to the only technically acceptable bidder, Faris Machinery Company, in the amount of $84,865.00. STAFF SOURCE: Charles Estarty, DINCtor of Public Works. 11 . Regular Agenda . a. Approval of Ordinances on First Reading . i. COUNCIL BILL NO. 49 -Recommendation from the Department of Parka and Recreation to adopt a bill for an ordinance authorizing an amendment to the Pro Putt Systems, Inc. agreement. STAFF SOURCES: Jerrell Black, OfNCtor of Parka and RecreatlolHDCtBob Spada, Golf Manager.~ ,, - .. .. • • • 0 f 32X , ]- • 0 t• • -' ~glewOOd City Council Agenda September 21, 1198 Page3 12. 13 . 14. COUNCIL BILL NO. 60 • Recommendation from the Utilities Department to adopt a bill for an ordinance approving a settlement agreement in the case of Gesin v. City of Englewood, et al. STAFF SOURCE: St.wart Fonda. Director ofUtJlltJes.~ b. Approval of Ordinances on Second Reading. c. Resolutions and Motions. i. ~-~ Recommendation from the Department of Financial Services to adopt a resolution approving a supplemental appropriation and transfer of funds for the Public Improvement Fund for higher than anticipated costs for Paving Distpf f :..-., ,,.,., STAFF SOURCE: Frank Gryglewlcz, Director of Flnanclal Services. ~ ,._,, 1 ii. Recommendation from the Department of Public Works to approve, by motion, a contract for construction of Paving District No. 38. Staff recommends awarding the bid to the low bidder, Concrete Works of Colorado, Inc., in the amount of $1,100,644.00. STAFF SOURCE: Charles Esterly, Director of Publlc Works. tUar,~ General Discussion. a. Mayor's Choice . i. Request for Council authorization to attend the Colorado Housing NOW conference from September 30 through October 2, 1998 . b. Council Members' Choice. City Manager's Report. a. Englewood Center Update. City Attorney's Report. a. Union Avenue Discussion . 12. Mallon lly llradlllaw to approwe 1231.50 IDr Mayor ..,_ to 1bnc1 NOW eon,.,_ -approved 7-G 14. Mallon lly NallholZ to racONidar holding I Pulllic Haring~ Ille,.,,.__.~ PUC· "Anw9C1 ~ (nays : ~. HallenicN . Waggoner) Mallon lly Waggoner to -into goad ,.., negatilllcN• lncludlng. rl ~. eminenl doffWin powmw, on Ille Pulllic ..... prope,ty , '-'Y..,,.,.,.. to .... hffl Pelar l<NI. wtlcll _. Ille WID T,.,..., Stlllon in Shelldan. jual under --- approved S-1 (nay : Clapp) Adjournment. i'.c&p,m The following minutes were transmitted to City Council between 9/4198-9/17/98 : • Joint Pension Board Special Meeting of May 13, 1998 • Englewood Housing Authority meeting of July 8, 1998 • Englewood Clean, Green and Proud Commission meeting of August 11 , 1998 • Englewood Parks and Recreation Commission meeting of August 13, 1998 • Englewood Code Enforcement Advisory Committee meeting of August 19. 1998 ,-.. nale: If you haw • dlublllty and need awdllary aids or NrV1ces. plNu nodfy lhe City ot lnglewOOd (303-712-2405) at INat 48 houra In advance ot when NrvlcN .. IINded. Thank you. • • ....... ·- •· • 0 , - • • 0 I• . • ' (, ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Rqular SeaiN September I, 19" Mayor Bums advised Council Member Clapp should be back shortly, 1h11 she was having a liUlc: throat difficulty ud she wanted to go get something for iL I . Call to Order The regular 111eeting of the Englewood City Council was called to order by Mayor Bums al 7 :49 p.m. 2. lavocatioa The invocation was given by Council I\ lc:mber Nabholz. J . Pledce or A11epuce The Pledge of Allegiante was led by Mayor Bums. 4 . Roll Call Present: Council Members Nabholz. Bradshaw, Habenicht, Waggoner, Bums Absent : Co11ncil Members Clapp, Garrett A quorum was presenl Also present : City Manager Sears City AIIOmey Brotzman City Clert Ellis Director Simpson. Neighborbood ud Business Development S. Mlauta (a) COUNCIL MI.MBER IRADSHA W MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 17, 19'1. Ayes : Cooncil Members Nabholz. Bradshaw, Habenicht, Waggoner. Bums Nays : None Absent: Council Members Garrell, Clapp Motion carried . 6 . Sclledllled Viliton (a) Prcschcdulcd visitor John Brick was not present 7. Noa-telleduled Vlliton (a) Frank Miner, 3121 South VUIC SIRCt. 5lalcd he was here IOllipt to brina up die 1111111« ol l'Cl.Olling of the R·l·A neighborhood by University Boulevard . He said 11111 reccady he came KIWI• article published in the lmemational Cemetery .t Funeral MaJIIICIIICl1l mquine. wriam by Edwin P. Carpenter who is an allomey specializing die cemeteries and funeral iodul&ly 111d he is baled in Topella. Kansas . He presented the City Clerk with several copies of die article for Council. In this, Mr. Miner lllid. .. .... • ,, - • 5 A ., •· • 0 - • • • Englewood·City Council Septemkr8, 1998 Page 2 • 0 • he stresses lhc problems of rezoning for the funeral industry, to get lhc funeral indusuy into zones where ii is not presently accepted. As a matter of fact. he noted. the title of the article is "Navigating Your Way Safely Through Zoning Land Mines.• Mr. Miner advised that. number one. he says that ordinances have been held valid that prohibit a funeral home from a residential district. that funeral homes have been prohibited. and are prohibited, because they may lower property values lo sunounding landowners. This is an attorney. he pointed out, working in the funeral industry, advising people in the funeral industry . Basically he says that cemeteries arc wonderful . people love cemeteries ... open space, perpetual care, no problems with cemeteries ... you can locate those most anywhere. But funeral homes are a commercial industry and he advises. counsels, his people not 10 try 10 attempt to put them in residential areas. Mr. Miner said the exception being in older. nan-down neighborhoods ... very often a funeral home in an older nan-down neighborhood will enhance the neighborhood and help it. But in new up and coming neighborhoods Ibey lower property values. Mr. Miner said that this is what we. in our neighborhood, don't want to see happen . He advised that tbe consensus in our neighborhood, and he has canvassed the entire neighborhood, is that they don't want to see the rezoning take place on University Boulevard, just north of Dartmouth . He said. they feel it will lower t11eir property values . because ii will increase traffic on two heavil y traveled streets and they see no demonstrated need. lliere are three funeral homes within. he would say. less than a mile . He noted he has 1101 paced it off. but lliere is one on Hampden. one on Colorado Boulevard and one 011 Broadway . M1 . Miner stressed that l11ey see no need for an additional funeral home in what is presently an R-1-A residential neighborhood . (b) Lester Myers. 4195 South Clarkson Street, advised he is back in regard 10 the code enforcement and police protection and problems they have had in lhc neighborhood . He said that. as he mentioned lhc last rime he was here. approxima1ely a monll, ago. that he has seen more problems with code enforcement officers and things of this nature. Mr. Myers said that after talking to lhc divisioo officer, and he was hoping he would be here lllis evening, he said he had given Council a repon in regard to lhc temporary permit he had in his window and lhc windows were shaded and you weren't able to see il He gave lhe City Clerk two pictures oflhc temporary permit for Council's perusal . Mr. Myers opined that ii is quire obvious that they are visible. that is from a diSlallCC and just sitting in front or lhc house . So. he said, he obviously disagreed with his repon. He advised that they have still had a 101 of vandaliSlll in lhe neighborhood . in the last couple of weeks or so . He said he has seen more code enforcement officers. again. llian he has seen police officers . And lli:11. he noted, just irritates they heck out of him ... because his taxpayer's ml'ney . In fact . he said. he had one stop and wave at him lhc other night our there in lhe yard and he found that very irritable 10 have more code enforcement officers driving around his neighborhood than he has police officers when lliey are having so much vandalism in lhc neighborhood . UnfonWIIICly , be advised. COW1cil will ha\'e another gentleman speak tonight that just had his window broke out this evening. Mr. Myers said they had another neighbor al 420 I or 4203 South Clarkson. who said he called lhe police. but they won't do anything about iL He had his broke out just about a week ago . He said he docs have to give them credit, they had prcny quick response the other night, they were actually there within ten min111cs after they called. They had some problems will, some kids in lhc neighborhood. so , he said. he docs have to gi ve them credit for the far.I that 11,e response time has increased and is much better than it was in Ilic past . Still, he pointed our . a lot of people in l11c neighborhood and have got the altitude ... why call them . ii doesn't do any good. lliey don't do anything about what is going on around here anyway. Mr . Mye rs advised that he ,~,s seen llu-cc or four windows broken oul in just the 1351 couple of weeks within a six. eight block arc..1 or where he lives off or Clarkson :u1d Princeton . He said it is just like he told the poli ce offi ce r tonight. if they would make themselves visible . because code enforcement docs. that Ibey wouldn't li:ive l11CSC problems in Ilic neighborhood . Mr. Myers said he probabl y shouldn't have said that. thal was going a little bit out of line . b111 it really irritated hiin. especially when his neighbors window gets broken out . things or that natwc . He advised he has asked for extra police protection in the evenings. especially between ten p.m. and midnight. There are a lot or times that he walks up and down the neillhborhood there and sitting out 011 llic patio and lie never sees a police car go by. He said he doesn't know wh y Uk.'Y 1icglec1 Ill.II port or Ilic neighborhood or what lhc problem is there . • ,. - • • • ' • Englewood City Council September 8, 1998 PaceJ '· • 0 I• • Mayor Bums asked Mr. Myers if they have an active Neighborhood Watc:h in his neighborhood. Mr. Myers said not at this time, that he has 1alkcd 10 a few of the neighbors, but unfonunately the majority of the neighbors are new, just moving in, or the place is for sale, so they haven't been able to anything going at this time with the Neighborhood Watch program . He commented that he was chainnan of a Neighborhood Watch program ycan ago. in another area. He said he thinks the program works pretty well. Mayor Bwns noted that we really have one of the most active Neighborhood Watch programs. probably the best one in the State, we had over 330 block parties a few weeks ago when we had the National Night Oul He asked if Mr. Myers has talked to Nancy Pctcrsou at the Police Dcpanmcnt. Mr. Myers said no . Mayor Bums advised that Nancy Peterson is the party to talk to, that she heads up our Neighborhood Watc:h program and docs a fantastic job and has been recognized by the State and even nationally for this program. She is over with the Code Enforcement off'tee and he can get that munber. He said Ms. Peterson is absolutely the person to talk to, if you don't have • Neighborhood Watch program she will get you one and if you get within ten feet of Ms . Peterson you have volunteered . He opined she is great at this and he really encouraged Mr . Myers to talk to Ms . Peterson. because this could be a big help with all the vandalism problems. Mr. Myers noted that as he mentioned when he was here previously he was looking for suggestions or things they can do in the neighborhood for this reason ... with all t11e problems tl1ey have had with the vandalism and all 1he windows being broken and now it is getting to where they will even do it in daylight. Mayor Bums stated thal if tl1ey have cenain juveniles doing this. or neighborhood kids . they probably need 10 iden1ify that. And. he noted, Council Member Habenichl made a good suggestion about Neighborhood Watch . He opined 11131 Ilic combination of tl1ings could really liclp him witl1 tllis problem . Mr. Myers commented that tlicy did I.ave an incident a few weeks ago that he tl1ought was rather hysterical . A couple of old ladies and a go-cart were pulled over by a police car and they didn't know what to do about it. Because rhcy had been working on tl1is go-can . golf can. to get it going and rlic one lady was in her firues and the other lady was in her eighties. He said it was fuMy how the police can find something like that, but they can't find tllCse kids driving around witl1 BB guns and pellet guns and they obviously must have a bucket of rocks in the car with tllCtn because tlicy use a sling shot to shoot tllCse rocks and stuff' with. Mr . Myers said he did get a prcn·, good description of a pick-up t11e oilier night that he thinks might be involved so maybe thal will lead to so1nething . But again. he said. he wanted to state the fact that he feels offended that he has seen more code enforcenicnt officers tlian he has seen police officers. Mayor Bums said he thought that was why he may find Neighborhood Watch so helpful . because they don't have to have the police out there all of the time. if they have a good Neighborhood Watch program . And if you ha\'e cenain kids . he noted. often we find that it is the kids in the neighborhood doing the damage and yuu ma y be able to identify them . Mr. Myers esplained tll.'11 their biggest problem is that they don't have anybody on the east side of the 5lreCl that can see there . So all they can do is just on the sides streets there . which most of the people are out. gone. or just moving out and oric house is vacant there right now . So . he said. he has talked to a couple of people and th ey arc willing and they want to do so111et11ing also . because tlicy arc tired of the windows being shot out and broken out and different tilings of that nature and tl1C graffiti. Mr. Myers staled that any suggestions or ideas or any help they c:in get he would definitely appn:ciale il Mayor Bums asked that he talk to Nancy Peterson . that he felt Mr . Myers would find her to be a great resource . Mr. Mye rs said okay . (c) Brian Bleile. 420 I South Clarkson Street. said tl1C reason is his here is panly because of what Mr. Myers was talking about.. .code enforcement versus police enforccment. He advilCld that he wrote down the suggestion about contacting Nancy Peterson and he will definitely get a hold of Ms. Peterson . Mr. Bleile stated that he works out of his house and he is home 24 houn a day , seven days• •. .. I· • 0 ' • Englewood City Council Septcmbu 8, 1998 Page.a • 0 • wcdt. so he watches a lot of what is going on. He said he went in the house at 6:00 and started watching the game and camr back out al 7:00 lo come 10 the meeting and his window was shot on his truck. He said he doesn't know if anybody realizes the extent of the damage that is happening out lherc, but that makes seven houses in the last week and a half that he knows of in his two block area that have had their windows shot out. He said he wanted 10 know if the police actually think this is a serious enough issue. He said we can sit and talk about ... well it is kids with a BB gun, kids do kids things ... but. his $250 deductible on his insurance isn't going lo .. .if he says it is a kid with a BB gun. ii is a kid thing ... why don't you just replace it Mayor Bums said he thinks it is a lot. ii is way loo much, but ii is not efficient 10 have a call and response with the police 10 try 10 solve that kind of chronic neighborhood problem. He thought perhaps they need an impact team if ii is that serious. So, Mr. Bleile said, you don't think a chronic neighborhood problem should warrant the police? Mayor Bums said no, that what he is saying is that the Neighborhood Watch program. which Nancy Peterson, as a police officer, administers ... what that does is put the neighbors in contact with each other. So if ii their kids that are out roaming around or whatever, they get 10 know each other, they get 10 know the kids in the r>eighborhood. they get this communication going back and forth between them and that is much belier than having 10 pick up the phone and call the police every time something happens. He maintained ii is just more effective. Mr . Bleile said that he concurs 100%. Mayor Bums stated that community policing is a big issue in Englewood. we really like 10 push that and that is a lot of what that is all about. He said he was sure it was frustrating if they arc just calling the police all the time and wanting them 10 rush out if someone knocks a window out or something. but that is not the most efficient way to take care of it. Mr. Bleile stated that he docs not expect. after the fact. an officer to come out and solve his problem. He emphasized that what he expects out of the police dcpanmcnt enforcement is to keep those problems from occurring. Prevention. Council Member Bradshaw said . Mr . Bleile said exactly, prevention. He noted there have been nu1nerous studies done that even the sight of a patrol vehicle decn:ascs the amounl of crime in a neighborhood. ii is just a given fact . And like Mr. Myers said. two meetings ago he was here and ever since then they have kepi track . A running tabulation of what they have seen. versus code enforcement versus law enforcement. Mr. Bleile said that the day the two old ladies were pulled over in the golf can was the first time end only time they h.1vc seen a vehicle in the last few meetings Council has had and they have seen code enforcement four ti1111~. I le commelllcd that he undcnaands code enforcement is lherc for a reason, he docsn ·1 have a problem with th:IL other than there is something not working right He said ii shouldn't be that you are singled out mure because your weeds are ~ing tall . than the vandalism occurring 10 our property. Mr. Bleile said there is just WHIIClhing "TOIi& and he docsn~ understand. if Council doesn't actually understand the impact of what is happening. He pointed out that this is seven that he knows about and that · s not including the people he docsn~ know about. In fact a neighbor had hers broken out twice in two weeks and his lllhcr next door neighbor had his broke out the next week . So, he said. it was just his turn. Council Member Nabhol z asked if ho: c:,11~ the police each ti1ne this happens. Mr. Bleile said they call the police . every time it has happened Ms Nabbolz said then there is documentatJOn on record. The commcu was made that the) call each umc. bu1 olhcr neighbors Just say \llhy bother, bcc3usc they don~ do anything about 11 . Council Member Nabhol, noted th.11 lhat is part of the problem and the)• need the documentalioa. Whal the) arc clom g cffc cmel) 1s commurucating among themselves as neighbors and she cncoura,cd them 10 1ooch bale ,. ,th NlUIC) Peterson But . she pointed ouL the police will not kno\11 there 1s a pniblcm if they sa y II has happened e1gh1 or nmc 111nes. but w.: have only called you once Ms Nabholz ack-ledgcd thal somcwncs response time may be longer than we would all like 1110 be . bul the)~ IO have the clocumcntatton 10 CrealC a record of 1h1s. so that we can sec that we reall)' need to ia, a11e11.-IO this pan of town Trust me . Ml Bleile satd. somebody really needs 10 .. y auenuon 10 tlus '*' aCIOWIL Mayor Bums apa:,d thal that is ""IY too many incidents. ,, I • • C - Englewood City Council September 8, 1998 Pages • 0 • I • Council Member Habenicht commented that she hears what he is saying ... the frusuation. But. she said. she would also like to share that she has auendcd some programs on commwlity policing that have talked about ... and she understood there was one in Denver called Eyes and Ears. or something like that ... where every vehicle. every presence of the city. whether it be public works, code enfon:cment. animal control. safety services ... they are out in the streets and able to counter those kinds of things. So. she said. she knows that in a way they are expressing a frustJlltion, but that it is also to their advantage that other city vehicles are 001 there . Mr. Bleile agreed that it is a team efl'on. that everybody in Englewood should be on the same team. it shouldn't be anybody competing against one another. He said he agreed with that loo-le. Mr. Bleile stated that the folks he and Mr. Myers have talked to arowid their houses. that the incidents have been between 10:00 and midnight. except tonight and this was between 6:00 and 7 :00. It just happened to be coincidental . on his way to lhis meeting. Mr. Bleile said he just wanted to bring this 10 Cow1cil's anention. that he doesn1 want 10 be a chronic complainer. but it is getting very serious. Mayor Bums stated that Council is glad he did. because he definitely needs to have some action over there . He th:uiked Mr . Bleile for coming. * * * * • (Clerk's note : Council Member Clapp entered the meeting al 8 :09 p.m.( ..... (d) Chris Milner. 2232 East Danmouth Avenue. said that basically he was here this evening to let Council know that there is an awful lot of suppon for the funeral chapel at University and Danmouth. He said he lives right on Danmouth. across lhe street from the chwch . He advised that one of the things that is going on over there. at that little chwch. is that lhere is very little landscaping and whal landscaping then: is is mostly weeds and thistles. plus they have seven old school buses parked there . He noccd that when the wind blows all of the seeds and everything el~ blows across Danmoulh imo their yards. It makes for a terrible mess. considering the weeds and the thistles and the dust and lite din and they also have the seven old buses to contend wilh . Mr. Milner advised that another thing has happened in their neighborhood is that . as he was sure most of Council knows. this is not something new that has come before Council as far as projects for lh.11 propeny . He Slated they would like to see a non-polluting, quiet, non-thn:atening business. like a fWICllll chapel established there . He mainlained lhere has been an awful lot of misinformation filtered out into the commW1ity . Mi sinformation like lhere is going to be embalming and cremation laking place there. Mr . Milner stated it is not , it is strictly a funeral chapel . He said he can go out and find six articles. right now . that will talk about a funeral chapel in a neighborhood being good for propeny l'alues. So . he said. he thinks we need to look at what is actually going on in the neighborhood. He st:11cd he has a list of homeowners along Dartmouth and along Danmouth Circle and we are the people who are most affected by this propeny . And to a person. he said, they have said yes . they would like to see this propeny go in. He noted that a aentleman spoke earlier here about canvassing lhe neighborhood and, he said. frankly, that is jUSI a lie . Mr . Mibter advised they have had homeowrter's meetings at his home and there is tremendous suppon for this project in their neighborhood . Apin. he said. it is because there are a lot of them that would like to sec thal propeny finally developed and developed into somethina that would be aesthetically beautiful . but also non-pollutilll, not in Viii~ into the commWlity, not invuive into our neighborhood . With the plans the Newcomer's have propolCd 10 us. he said, reprding landscapin1, hours of operation .. they close at 9:00 in the cvenina ... the icb of two or three funeral processions a week. max . I· • 0 , - • • • Englewood City Council September 8, 1998 Page6 • 0 -I • He said he thinks that if someone is concerned about traffic congestion two times a week from a funeral procession. that he really feels they need to get a hobby or something. Because. he said, that is one trip wc are all going to take someday and he would ccnainly like to think that wc could cut someone some slack if they arc holding us up five minutes on our way to Safeway. He said he just really wants Council to know that there arc a whole bunch of us that live in Englewood. arc Englewood taxpayers. Englewood voters who are in favor of tbis project. He noted hr. has a list of homeowners and he is getting more every day . He said he just really wants Council to know there is another side to tbis story . (e) Ray Berlin, 2132 East Dartmoutl~ said he is a neighbor of Mr. Milner's and he thanked Council for their time . He said he would like to make some specific comments that he thinks are extremely important to the approval of this PUD . First of all, he noted, the false infonnation Mr. Milner was referring to, especially in regard to a crcmatoriun1 ... to make a crematoriwn profitable there you would have to bum half of Arapaboe County . He opined you could never make the thing pay and that's not even in his PUD. And rcalizinl!, he said, tliat Newcomer runs a business that is highly susceptible to criticism ... they have a high degree of integrity ... it is a business witl1 a lot of dL'Corum and it is a business tliat nobody else, that he can think of, would want to do . He pointed out tl1111 tl1ey are dealing witl1 an aspect of life tl131 few of us like to face at all. And tl1cy take care of it in a way tliat is quiet. it doesn't intrude on anybody and it would be a benefit . in review of wliat they have had proposed 10 tl1em in tl1e past. He said they would remember when the Chesler's moved that house over. tliat was approved and a PUD was granted . Mr. Berlin stated it hasn~ caused a great deal of intrusion in the neighborhood and tl1is one won't either. In fact. he said, he was looking at some of the comments that were made by Commission members and incidentally. six of the eight commissioner's voted to approve this project with two disscntions. Ms . Tobin and Mr. Rininger, who did not make adverse or negative co1n111en1s even in tl1eir disscntion to vote yes on tl1is project . And Mr. Douglas, especially , has said, what I have said in tl1e past , time and time again. he said it was a tough decision for him because he lives in tl1c neighborhood and he is afraid that with tl1is proposal. which he likes. that he fears that tl1ere would be a much worse SCLnario put forward and would be approved in the future . A{ld. Mr. Berlin said, so does be. He said he doesn't want his neighbors . either in Denver or in Englewood. to have somebody impose on their right to enjoy their property in a private way without disturbance from any outside intrusion . none of us want that. He said we arc not that kind of people in Englewood and tbat is why he moved here and he lias been here 28 years . Mr. Berlin stated that he didn't move here from Denver because he had no other choice. He advised that Mr. Welker stated that he does not see the mortuary chapel as a large traffic producer and. Mr. Berlin said. neither does he. He mainlaincd it is not going to produce any more traffic at the limes tlacy go, because they arc restricted to when they can ha\'C a funer.11 go out . And this . be s.11d . is going to be a viewing center. not a mortuary . They arc not going 10 bury people there, they arc not going to embalm people there . But. Mr. Berlin said, he has to agree "ith people tliat hold that single family dwellings would be the most appropriate usage of this propcny. llial goes without saying. 11,c site acquisition for tlus. he advised. is $750.000 and anyone in their right nund who is going to pay $375,000 for a site to build a house on. would go to Cherry Hills where he could get acreage . not a building site . lle'II go to Cheny Hills Farms. because if you pay $375 ,000 for the building site you surely arc going to put a $400.000 plus house on it. And. he pointed out. the first prcccpc of re.11 estate is location. location. location and this is not a location for that kind of scenario. It just won't work tl1ere, nobody will build tl1.1t there . if you preach about it from now until doomsday . And lastly, he said, Mr . Stitt made a comment tl1:11 tl1e best possible use for t11e land is single fa1nil) d"ellings, which would be two single family units. however. if more th,111 two arc developed on this property . the extension of water and sewer is prohibitive and the cost is of great concern. If 1norc tJ13111wo units were developed on tllis site it would require the develorment of a pri va te street. "h1ch is strongly discouraged . So, Mr. Berlin opined. that just about shoots down :uiybody pulling those kinds of things in lhcrc . He said, most assuredly he would not like to sec our neighbors to the nonh. in Denver. looking at the back side of a blank wall with utilities hanging on it. because condominiwm. were developed there. He stated that none of us would like th.II . tllat is highly intrusive . So. Mr. Berlin said, in conclusion he would urge Council to ... and he was sure they would read these when they review tlus again ... it would be. of all the scenarios put forth in tlic past ten years, this one is probably the best , the quietest and the least intrusive in the neighborhood that they can have . And altl10Ugh he is a big act.·ocatc: ofR-1-A neighborhoods. he s:iid, he doesn't know • " - ... I • • 0 ]- Ea&lewood City Council September 8, 1998 Page7 • 0 • what else they can do with this. Mr. Berlin said that Mr. Rininger's comment in here says it all ... something worse may come down and it may be approved . (f) Philip Nearing. 2702 South Fillmon:. advised he is from Denver and represents the Southern Hills Community Associalion that is on the cast side of the church. the proposed mommy. He said he came tonight just to understand a little bit more of the issues that are facing this planned redevelopment. A lot of the individu:1ls within his homcowner's association have contacted him. as the President. to try to pin a better undcrslanding of what is going to be taking place there. Some of the comments he has heard. he advised. an: what have been echoed tonight with respect to propcny values and doing what is best for theclitc . Mr. Nearing said he feels it needs to be beneficial too. not only Englewood, but also to the folks on the Denver side . He commented that he feels kind of like the black sheep here representing Denver. but he feels that his homeowncr's association has some valid concerns with rcspect to the redcvclopmenl Personally, he said . he bean that there are thoughts around about possibly doing something worse than the mortuary . Mr. Nearing noted that maybe they could redevelop, or re-landscape the area. do something better with the existing church. So, he pointed out. there are other altcmalives besides the mommy or something that would appear to be less beneficial to the community . He said he just wanted to r.ome and let Council know that this is Clltching the attention of some folks on the Denver side. Undoubtedly , he noted, in the next couple of weeks. before wc have the open hearing. he would like to get a little bit more information about it and he would like to know who to talk to about doing thaL He asked who he might talk 10 in the future about this issue . Mayor Bums advised that Director Bob Simpson, in the back, just raised his hand. He noted Mr . Simpson is with Neighborhood and Business Development and suggested that Mr. Nearing speak with him . 8. Communications, Proclamations and Appointments (a) A letter from Denise Lombardi indicating her resignation from the Englewood Fircfightcr's Pension Board was considered . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT 111E RESIGNATION OF DENISE LOMUARDI FROM THE ENGLEWOOD FIREFIGHTER'S PENSION BOARD. Ayes : Nays : Absent : Motion carried. Council Members Nabholz. Bradshaw. Habenicht. Waggoner. Clapp, Bums None Council Member Garrett Mayor Bums commented that as he understands. from this letter, she cannot continue to serve once she has left the City . City Attorney Brotzman ci1plained that she was a citizen member and. although wc would love to keep her on the board, once she moved out of the City that was it Several Council members noted that she was a wonderful member. Mayor Burns asked if tliat was being communicated to Ms . Lombardi . City Attorney Brotzman advised they wi II take care ofUiat. (b) A proclanialion declaring the week of Scpcember t '79' through 2J n1. 1998 as Constitution Weck was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION PROCLAIMING 111E WEEK OF SEPTEMBER 17m 111ROUGH 2JN, 1991 AS CONSTITUTION WEEK. Ayes: Council Members Nabholz.. Bradshaw, Habenicht. Waggoner, Clapp. Bums .. .,,;" •· • 0 f I ] • • • , Englewood City Cooncil September 8, 1998 Paces Nays: Absent: Motion carried . 9 . Public: Hearin& • 0 • None Council Member Garrett No public hearing was scheduled before Council . 10 . Conleflt Apda (a) Approval of Ordinances on First Reading I• COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i), (ii), (Iii) and (iv) ON FIRST READING. (i) COUNCIL RILL NO. SJ, IJIITRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 138 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND wrrnIN THE DISTRICT BOUNDARIES . (ii) COUNCIL BILL NO. Si, IJIITRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT BETWEEN MICHAEL THYNNE AND THE CITY OF ENGLEWOOD, COLORADO FOR THE INSTALLATION OF A 6" WATER MAIN OVER THE CITY OF ENGLEWOOD'S RIGHT-OF-WAY FOR THE CITY DITCH LOCATED AT EAST BA TES A VENUE AND SOUTH EMERSON STREET . (iii) COUNCIL BILL NO. SO. IJIITRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT BETWEEN DANIEL BROST AND THE CITY OF ENGLEWOOD. COLOkADO FOR A BARN WHICH WAS BUILT ON THE RIGHT-OF-WAY FOR THE CITY'S WATER LINE. (iv) COUNCIL BILL NO . S2 . IJIITRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AU1liORIZING A "GRANT OF A CITY DITCH EASEMENT" BETWEEN THE FIRST CHURCH OF CHRIST. SCIENTIST AND THE CITY OF ENGLEWOOD . COLORADO FOR A 25' EASEMENT ALONG THE CITY DITCH LOCATED AT 3701 SOUTH LOGAN STREET. Vote lffllltl: Ayes : Nays : Absent : Motion canicd. Council Members Nabholz. Bradshaw, Habenichl Waggoner. Clapp, Bums None Council Member Garrett (b) Approval of Ordinances on Second Reading ,; ~ ' •• ' . , . · l1fit. • ... •· • 0 ]- • • En&lewood City Council September 8, 19911 Pace9 • 0 • ,,, - t• .. There were no additional i&ems submitted for approval on second reading. (See Agenda Item 11 • Regular Agenda.) (C) Resolutions and Motions COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (I) ud (II). (i) RESOLUTION NO. 91, SERIES OF 1998 A RESOLUTION AUTHORIZING 1llE ENGLEWOOD OLD-HIRE FIREFIGIITERS' PENSION PLAN AFFILIATION WITH 1llE FIRE AND POLICE PENSION ASSOCIA TJON (FPPA). (ii) RESOLUTION NO . 92, SERIES OF 1998 A RESOLUTION AlITHORIZING 1llE ENGLEWOOD OLD-HIRE POLICE OFFICERS' PENSION PLAN AFFILIATION WITH 1llE FIRE AND POLICE PENSION ASSOCIATION (FPPA). Vote raulu: Ayes : Nays : Absent: Motion carried . 11 . Rqular Apda Council Members Nabholz. Bradshaw. HabenichL Waggoner. Clapp . Bums None Council Member Gnnett (a) Approval oC Ordinances on Finl Reading (i) Director Simpson presented a recommendation from the Departme111 of Neighborhood and Business Development to adopt a bill for an ordinance approving the Newcomer Momwy Planned Unit Development and to set a public hearing on this maner for October 5, 1998. He advised th.11 Slaff is l'CQ)mrnending. as we do with any of our Englewood ordilWICCS. thal we set a public hearing 10 provide an opponWlity for die public to come forward and testify either for or apinst this proposal . Mr. Simpson Slated that this. by no means. provides any level of approval for this ordinance . At a later date, Council can still clearly vote aye or nay on d1is matter. Council Member Bradshaw advised that she asked our City Attonicy if dlCy have to schedule a public hearing. Personally . she said. the feedback she has received from the neighbors in the area is 1h11 they do not want this. dlCy ablolu&ely do not . City Attonicy Brotzman advised thal if she is basin& her decision on the information from Plannin& and Zoning. on their l'CQ)rd and whal your ,·.onin& conditions are, that's line . If you arc going to look at what the neighbors want. that is going to 1k: ootside cvidencc and you really should open a public 1-ing for that, he explained. Council Member Bradshaw said she had a question and referred them to pqe J , Section I. item 9 oCthc council bill . Slic Slated she just has problems with that being a reasonable use oC thal property and that is why she was thinking that if the ffl¥)rity of Council feels thal way then l1ll)'be they would not even have ~ clca1 with a public hearing. Slic asked if that -c:omi;1. Ms. Bradshaw explained she is buin& it on reasonable use oC the IUbjecl propcnia. City Attomcy Brotzman clarified that this -llllal .,. thc C\idence that was previously praentOd to the Pllnnlna and Zonia& Commiaioa. Council Member • . . .. I· • 0 - • • • Englewood City Council SeptemberS, 1998 Page 10 • 0 • ,. - I• Bradshaw said yes and advised thal she read the minu1''S of the meeting and after doing Iha! she still feels thal way, that that is not reasonable . Council Member Waggoner said he has been going down through some of these things. Iha! are listed in the ordinance. and he too feels that there is quite a little here that has not been addressed or, at least. in his mind, docs not follow what we have attempted to plan for the City of Englewood. He pointed out that number I says that the District Plan requirements are in conformance with the Comprehensive Plan. Mr. Waggoner said he thinks that our Comprehensive Plan calls for an R· l ·A in thal area. it has been zoned R· l·A for a long time and that it should Slay R·l·A. He stated another one. on number J , says it follows generally aa:q,ted standards of development in the City. Council Member Waggoner said he does not believe it follows the generally aa:cpted standards of development in the City ... that area is supposedly to be developed as R· l ·A. He stated he d.Jcs not believe it is consistent with the goals. objectives, design guidelines. policies and any other ordinance, law or requirement of the City . We have other ordinances that say that is still R· 1 ·A. And number 7, ag.1in, says generally accepted SWldards or development and, Mr. Waggoner said. he just docsn, believe 1hat changing the zoning and getting away from the R-1 ·A development in the area is a genernlly accq,ted standard. He stated that he too will. as far as he is concerned, be voting no because of tl1osc reasons. along with number 9 that Council Member Bradshaw mentioned. Council Member Nabholz said that she would like to piggyback on Council Member Bradshaw's and Council Member Waggoner's Slalemenls . She agreed Iha& it is not an accepted standard of development in our R· 1 ·A areas . She opined we ha\'e worked very hard to try lo bring standards up in Englewood. in our residential areas . Ms . Nabholz said she docs nol think it is a reasonable use of that property and she too will be voting no . Mayor Burns asked if there were any oiher commeats . Mayor Burns advised thal he has had a lot of input too and some or the same people who testified at the public hearing have called him on thi.; and he knows he can't base this on that. But, he stated. he has the same kind of concerns . This is a PUD application and it is not a rezoning under the present zoning classification. He asked if that was right. City Attorney Brouman said that was correct.. So. Mayor Burns said. in order to proceed you have to aa:q,t the fact that this is a PUD application thal you uc willia& to entertain. which is differe111 than just dic regular 1.011ing. He Slated lic has had concerns about it and he is concerned for the record about it too ... he c1oesn, have a whole lot or record here . He said he has the same concerns everybody else docs, about whether this is an appropria&e use . Council Member Habenicht said slic would like to echo that too and say that in hearing the COllQCl1IS ol the commission members loo ... is they rcscnled ii ... that they are talking about a choice between taking their arm or their leg and diat they prefem:d laking the leg 10 the arm or IOIIIClhing. thal IOIIIClhing wone could come down die pike . Slic stated slic re.illy doesn't dunk it would be responsible to suppon somctbin& because something worse might happen . Ms . Habenicht said sllC thinks we are trying to find the highest and best uses . and whatever we can do, that would best serve the commwlity and the R· 1 ·A district . Altl10Ugh sl1e can understand some rears. ii doesn 't seem to her to be the basis upon which to make this decision so . sl1e said. slic 100 will be voting no . Mayor Burns said he is somewhat C011'Crricd that if tlicy don't have a public hearing , they won 't get the cilizen inpul. 11icy have had some tonight . and he kind of likes to have that in these kinds of situations, but , he noted. there is a strong feeling, it appears, amona the Council, that this is not an appropriate me . Mayor Bums noted tlial they don't have a motion to pass at this point and they don 't have a motion to set a public hearing . He asked if an yone wo11ld wi sh 10 anaki: such a motion . -• ,, . , trr,r • . ... •· • 0 f 2 I - En&lewood City Council September 8, 1998 Pace ll • 0 • COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO REJECT mlS ISSUE BECAUSE IT WASN'T APPROPRIATE TO BE UNDER mE PUD. Ayes : Council Members Nabholz. Bradshaw. Habenicht. Waggoner. Clapp. Bums Nays: None Absent: Council Member Ganctt Motion carried . (b) Approval of Ordinances on Second Reading (i) Council Bill No. 48 approving the sale of the Depot building to the Englewood Historical Society under an installment contract was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM ll (b) (i) ON SECOND READING. ORDINANCE NO. 58, SERIES OF 1998 (COUNCIL BILL NO . 48, 11'ITRODUCED BY COUNCIL MEMBER HABENICHT) AN ORDINANCE APPROVING SALE OF DEPOT BUILDING BY 1liE CITY OF ENGLEWOOD TO 1liE ENGLEWOOD HISTORICAL SOCIETY FOR THE TOTAL SUM OF $76,000 UNDER AN INSTALLMENT C01'ITRACT . Council Member Nabholz advised that the Historical Society says thank you. They had a board meeting Thursday morning and they appreciate the City's panncrship. their willingness and they were really sweating that this wouldn't go 10 second reading . Ms. Nabholz offered thanks for all they have done. as a City. for this 'iOCiety . Vote remits: Ayes : Nays : Absent: Motion carried . Council Members Nabbolz. Bradshaw. Habenicht. Waggoner. Clapp. Burns None Council Member G:ur-ett Mayor Bums asked Director Simpso11. as a point of information. to teU him where we arc on the Olhcr parts of this transaction. including the land transfers with the Housing Authority . Mr . Simpson advised that everything has been approved as of this .. 'VCning. City Attorney Brotzman stated we will be setting a closing with Mr. Flynn with the Historical Society and with the Englewood Housing Authority as well . Mayor Bums advised that the Housing Authority has a project. an A VS project, they would like to use on one of those IOIS they arc getting. So they would just like to have the closing so they can l1IO\'C ahead with these kids, who arc now back in school and need to get saancd . • • • • • Council Member Waggoner staled that he thoug)II some of the people in the audience might be wondering what they did on the monua,y property . He sugested Mayor Burns e,cplain to them that there will not be a public hearing. that the issue. ri&hl now. is dead . • .. •· • 0 - • • EacJewood City Council September 8, 1998 Pase 12 • 0 • Mayor Bums explained that with the vole oflhe Cowtcil on the monuary, that ii is not an appropriate PUD use, there will not be a public hearing sel and the ordinance is not passed on first reading, therefore this item is dead as of the present time. • ••• * (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval . (See Agenda Item 10 • Consent Agenda.) 12 . General Di1t11uioa (a) Mayor's Choice (i) Mayor Bums advised we have a Tent Talk on TI1ursday night al Bales Logan Park and he encouraged everyone to go . (ii) Mayor Bum~ noted they will have some more discussion in a bit on the lwich meeting that he and Gary Scars had wilh RTD on Wednesday, ii was an extremely positive lunch. (iii) Mayor Bums said he hoped lhal the neighborhood al Clarkson will cont.act Nancy Peterson and do some Neighborhood Watch work. He said he has a feeling that there are certain demons in the neighborhood lhal they need lo identify. who are causing some of their problems . He said he hopes they can get some relief on tbal. (b) Council Member's Oioice (i) Council Member Nabholz : I . She said she thought she had explained. in reg.VII to General Iron Works. that Iha! is under contract with Banon Supply . 2. She advised thal she left a message for Chris Daniels ... she •oppcd him and lalkcd with Dan Brotzman about him using the parking lot over here 10 the east of the Libllll)' for a Farmer's Manet . She noced she has had 1nore calls for a Fanncr's Market. because of the bumper aop of fruit and all this year. However. that being a lot that is owned by Swallow Hill. he a1 one point in time sccmcd real open to us using that. So , she said. they have been playing phone tag back and forth as to possibly using that this sammer on Saturday's or Tuesday's or wh,11ever , from 7:00 a .m. to 2:00 p.m. So that. she said. is in the works . 3 . She said she appreciated the Neighborhood Watch potluck meeting last week ... that was wonderful . 4. She advised she also attended a planning session. ii is called Face IL There will be a summit oo homelessness in western Arapahoe Counl)'. She said she would hi&hly urge aU of Council lo parlicipllc and if they can' I suppon ii physically, she would be glad to be that voice . They have asked for cily attorney's. director's of police and fire and ii will be October 14• at Sheridan High School. The mural that is currenl.ly al the COWlty building is of actual homeless families . Mayor Bums noted that the Housing Authority was lllldc aware of this at the last meeting. . t,-,-, . 'l ! •. •· • 0 f ]- • • Englewood t:ity Council September 8, 1998 Page 13 '· • ,. - 0 I• - Council Member Nabholz advised that Janet GrilMletl called her and she was very instnuncntal and she applauded her for pulling all of these people together. They also have someone from South Subwban and, she said, she will try 10 get somebody from Parks and Recreation. S. She thanked Joyce Parsons. She said she pul a call in today in regard 10 a problem on Acoma and she had an answer within a two hour timeframe. So she applauded that (ii) Council Member Bradshaw: 1. She said on the 4300 and 4400 blocks of Logan. from Logan to Clarkson. seems to be a gathering place for young people, not from our area. from Denver and all over, with a lot of W1Supcrvised youth on the streets after midnight and there is speeding. Ms. Bradshaw wondered if some of that vandalism isn't a result of those young people traveling 10 and from. since that is the 4100 block of South Clarkson. She staled that last weekend was horrible, just horrible ... ii was almost like a riot. She said she was at a picnic at a friend's house and she felt it was so scary . She said she just thinks that needs 10 be addressed. 2 . She advised she was asked by one of the high school students if City Council would be interested in taking out 'll'I ad in the yearbook. She said she thinks lliat would be son of a good use of Council's money, a lialf page ad or something like tliat. She said she didn't know how Council fell about lliat. but they do have money in Aid lo Other Agencies and she thought llial would also show students we are supporting lliat. She asked how they should do it. City Manager Sears advised they can do ii by motion or just direct him lo lake lliat account and work with it. Council Member Bradshaw said okay and Council concurred. She advised him 11131 Judy Cox is the sponsor at the high school. 3. She said that one of Ilic teachers from Bishop was telling her how they are. apparently. losing people out of that neighborhood. who move into different houses and things like that. And that she noted, is really a concern they liave. that then: might be 100 many rentals. Ms. Bradshaw said she told her there arc other alternatives for some families . She said she pve a heads up to the Housing Authority that there arc Project Build houses and things like that. dial people miglu not know about. because Ibey arc not in that loop. So Englewood Housing Authority is going 10 be asked 10 have a table at Bishop Back to School Night. Ms. Bradshaw said she thought that was a good way to deal with it. 4. She asked what happened in Sheridan. Dira:tor Simpson advised that Sheridan City Council considered the exemption tonight and tliey did deny it ... 7-0. lbey indicated that there was not sufficient criteria 10 granr it under an undue hardship and that it dad affect public illlercst. He said the important thing 10 note is tliat is was denied as an exemption. but they will still move forward on a PUD. So the applicalion for rc7,0ning will come forward and wc will have lo consider how that moves. we will monitor that and wc will delinirely have 10 go and liglu and speak against it in testimony. Council Member Bradshaw staled they arc more 111311 willing 10 do lhaa. She thanked Director Simpson. (aii) Council Member Clapp said lliat as she looked through her packet. based on the conversation lliey had in die last Study Session. 111.11 she was under the impression that Governor Roy Romer was invited to lead Ilic parade through Ilic Parade Commincc and there was not a consensus vote of Council taken. Ms. Clapp stated she was a little taken back by this letter that has all of Council's names on it and is on Council's letterhead. when idlC for one would definitely not suppon that. He is definitely not somebody she would look at as a role model, slie said. Mayor Burns advised tlial Governor Roan.:r has already declined anyway. as he is not going to be available . Mayor Bums explained that he contacted Alex Habenicht and said he undcntood the Puadc Comminee would like Governor Romer lo serve and asked if she would like for him 10 write a letter on behalf ol lhe •• ' . ' [r,;\ • I , t t • - .. •· • 0 , ]- • 0 • Ea&lewood City Council September 8, 1998 Pace 14 committee . He was told yes and so Mayor Bums wrote the letter. Mayor Bums Slated he understood Ms. Clapp's point but that Governor Romer has declined, he is not going to be in the parade. Council Member Clapp commented that it gave that impression and she cenainly didn't want to get wrapped up in that . Council Member Nabholz advised that she also did not approve of Governor Romer being grand marshal . She said she thought in the put wc have steered away from political heads and evidently that has now changed. She said it is her own personal opinion that the years Austin Gomes gave to that parade association ... that she sees no problem with Mr. Gomes being the grand marshal . She pointed out that he worked very hard for many years, let him be grand marshal. Council Member Bradshaw said dlllt she had suggested a political person, Betty AM Dittemore. for her service on the state and Arapahoe County level. as a possibility too . Because. she opined, that would be a nice way to tbank someone and her health isn't very good right now . Council Member HabeniclU advised that she will lake all of those names to the Parade Committee. Council Member Clapp said she would ju.~ caution that in the past we have stayed away from political figures , for obvious reasons. She stated she thinks that is a good policy and we should continue it. Even Betty AM Dittemore. Council Member Bradshaw asked. Ms . Clapp said she dunks so . that she thinks they would be opening die door and ir you open die door. you open die door . Council Member Habenicht said she just wanted to say something. having served on the Parade Committee for a number of years. as the Council rcprcscniativc on the Parade Committee for the last six or seven years at least and knowing a lot of people who have given a lot of time and effon to the parade. She noted that the political piece. just to clarify that. that the Parade Committee still has a sense that this is not to be a political parade. She advised that decision was based on whether or not people could campaign in the parade. like having one of the candidates have a Ooat in die parade, as they do in Western Wek:otlle Week. Each year it is revisited and it has been strongly felt , by the Parade Conunittee, that they have SWCd they do not want to be political . But as fa, as having political people involved or who you are going to have as grand marshal and whal have you. in the past wc have had all of the mayors who have served in the City of Englewood and dierc has been recognition of people who are in office and. she pointed out. we have always. traditionally ... and 5hc fell ANl Nabholz could verify this ... invitcd our Slate senator. our state representatives. which Lauri Clapp might be one some day, and our RTD rep, to be in the parade . 11llt. she stated. has been continual within the tradition of that parade and no one has ever questioned it until just now . Council Member Clapp slated that in light of some of the d1ings diat have taken place within the public press. that she felt it was highly inappropriate ... diat individual . And . 5hc said. she docs not believe that if that person were not governor that pcn.>n would liavc ever been invited. She said let us not forget the fact that he also heads up the National Democratic Pany. he is head of it. Council Member Bradshaw said that she understands thal (iv) Council Member Wauoocr: I. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO CO INTO EXECUTIVE SESSION RIGHT AFfER THE MEt:TING. Motion carried . Ayes : Council Members Nabholz. Bradshaw. Habetlicltt. Waggoner. Clapp, Burns Nays : None A•nt: Council Member Gam:tt .,, •· • I ]- Englewood City CINlncil September 8, 1998 Pa&e 15 • • • 2. He said that. in the repon on tbe project status for the development plan, he noticed down there on the on-going project maintenance and operation that they were talking about the common area maintenance agreement. But they refem:d to just a common area and he was not sure that will suffice, in his mind. He opined ii should include, not only the common areas, but something should address the buildings, 10 make sure all of the buildings stay in good repair. He noted that he is not sure how we should address that. but he just thought it should be pan of the overall plan to make sure that the buildings stay in good repair, in addition 10 the common areas. (v) Council Member Habenicht : I . She noted there was a comment about the property at Dartmouth and University having a lot of weeds and thistles that blow into people's yards . She said she just thought maybe somebody should take note ofthal 2. She said she just wanted to indicate lhat she had a call from a citizen who had occasion to have to call the graffiti hotline and she just wanted to call to say diat she was very impressed and pleased with the response that she got . Ms . Habenicht said she just wa1ued to pass lhat on. 3. She said she just wanted to share, as they were talking about panisan stuff with the parade. lhal the parade is supposed lo be whole bunches of fun and she just wanted 10 make sure that it continues to be that Also, she waiUcd to share. for the record. that the person on the Parade Committee, who offered the name of the gcn-cmor to be the grand marshal . is a gcndeman who ran as a Republican for the District 3 position. He is a Republican and has been a Republican candidate and he felt that Ibis was beyond partisan politics. Council Member Habenicht said she w.inted to share that on behalf of the commincc and on behalf of Mr. Beaver, who was a fine candidate for the HINISC District 3. 13 . City Muaerr'• Report (a) City Manager Scan said he was advised Friday afternoon that Pauletta Pwlcerelli had a healthy , happy baby . He said he was involved with the news media al the time and he failed to find out if she had a girt Of boy . Council advised that she had a girl . 14 . City Attonacy'1 Report City Allorney Brotzman did not have any matters to bring before Council. IS . Adjollraaeat RNS MOVED TO ADJOURN . llic mccling adjourned at 8:47 p.m. ... ,; • • 0 , I • • a 0 •• - PRO C LAMATIO N WHEREAS . youth suicide is on e of the most dis ruptive and tragic events a family and a community can experience, and is occ urring at a national rate of over 5 ,000 yo uth s uicides annually and is the seco nd-leading cause of death for people between the ages of 15 and 19 nationwide ; and WHEREAS , Colorado is one of the le ading states of highest yo uth s uicid es with at least one yo uth s uicide every week ; and WHEREAS , s uicide kills yo uth 3 to 6 times more than homicide. Research sh ows that 95% of all yo uth s uicide s are preve nta bl e ; a nd WHEREAS , the issue of yo uth s uici d e a nd how to prevent it ts of extreme imp orta nce a nd mus t be recognize d as a n immediate need for awareness a nd preventio n ; a nd WHEREAS , statistics s ho w that a wa r eness, education a nd action do es save liv es . Heighte ned co mmunity a wa r e ness will encourage co mmunities to develop s trateg1es t o prevent yo uth s uicides. The City of Englewood, the founding hom e of the Ye ll ow Ribb on program , is pleased to be at the forefront in leading these worthwhile e fforts: a nd WHEREAS , the Yellow Ribb on is rapidly be co ming reco gnized internationally as the symbol fo r the awar eness and prevention of Youth s w cide . It is re co gnized a nd used by s uicid e prevention group s , cri s is ce nters. schoo ls , churches, yo uth ce n te r s/hos pitals. a nd especia ll y yo uth them selves : '.'!OW THEREFORE . I . Tho m as J . Burns . Mayo r of the City of Engle wood , Co lo r a d o. hereby proclaim the we e k of September 20 -26, 1998 as : YELLOW RIBBON YOUTH SUICIDE AWARENESS A.'ID PREVENTION WEEK m t he City of Englewoo d . Colo r ado . I urge a ll of o ur citize n s to wo rk to preve nt yo uth s wcide , wear a ye ll ow ribbon and to raise a ware ness a nd tole r ance around a ll peop le affected by this tragedy . GIVEN unde r my h a nd a nd sea l t h.ts 21st day of September, 1998 . Thomas J . Burns , '.\1ay o r ... Sa r -.. 0 rin:eo .J n Recyc led Daper. ~ ,. ~ \ . j ~ -r=-. ·, l M I 0 C ' ]- tPROOF OP PUBLICATION THE ENGLEWOOD HERALD STATE OF COLORADO COUNTY OF ARAPAHOE ss I, Karen L Brown . do solemnly swear that I am the Editor of the ENGLEWOOD HERALD and that the same is a weekly newspa- per published in the City of Littleton in the County of Arapahoe, State of Colorado, and has a general circula- tion therein; that said newspaper has been published continuously and unin- terruptedly in said County of Arapa- hoe for a period of more than 52 weeks prior to the first publication of the annexed notice; that said newspa- per is entered in the Poat Office of Ut- tleton, Colorado . as Second Class Mail matter and that the said newspa- per is a newspaper within the meaning of the act of the General Assembly of the State of Colorado , approved March 30, 1923, and entitled "Legal NotlcH and Advertisements' and other acts relating to the printing and publishing of legal notices and was publ ished in the regular and entire is- sues of said newspaper, once each week , on the same day of each ., for a period of consecutive insertions and that the first publication of said notice was ~MF The last publication of said notice was ~i'ff~ff' v'°\lL /.~ Signature • 0 • --_ .... _ _ .. ...., .... _ .. _ =.:.:.:r..:.: 0 ·----~ ~ ... ,.:: .::,; -------------__ ... _.,. .. _ _...., ___ .. _ .....-.... ___ ,... __ __ .. _ ... ,_._... ... ....... -.... ClrCIIIII -, l:IO ,_.._ • ._..., 21. 1-. ...,.._..._ ... _ ._..._ ..... ca,--NWa.•-·..--....... -.... -... -· .,_,,, ... ...,_..cay_ -A.-.-ClrCIIIII ----......-.c.... ... ,o ........... -......_..._._ .... ..,..~. \ JUDITH A. Bl0EMEN f NOTARY Pl.el.IC STATE Of COLORADO ___________ ., Notary Publ ic My ec.-..ian e.,_. 07'2Sl2002 "' - • .. .i • • 0 I I ]- PIIOOfC OF PUBUCATION THE ENGLEWOOD HERALD STATE OF COLORADO COUNTY OF ARAPAHOE ss I, Karen L Brown , do solemnly swear that I am the Editor of the ENGLEWOOD HER.\LD and that the same is a weekly newspa· per published in the City of Littleton in the County of Arapahoe, State of Colorado. and has a general circula· tion therein : that said ne-paper has been published continuously and unin- terruptedly in said County of Arapa- hoe for a period of more than 52 weeks prior to the first pub lication of the annexed notice : that said newspa- per ia entered in the Post Office of Ut· tleton, Colorado , as Second Class Mail matter and that the said newspa- per ia a newspaper within the meaning of the act of the G-ral Assembly of the State of Colorado , approved March 30, 1923, and entitled "Legal NotlcH and Advartlaemanta " and other acta relating to the pri nting and publishing of legal notices and was published in the regular and entire is- sues of 1aid newspaper, once each week , on the same day of each ~ for a period of d:.._ consecutive insertions and that the first publication of said notice wu ~;;~¥,9_q? The lut publication of said notice wu ~z~~ N~1 -~ Signature Not:icy Pubh c ' ,. • • I• • --....... ,.. __ _ _ .. _, ......... -=.:.:.~=: !!........it:5£ a I;. -___ .... ------------__ ,, .. ...,. .... _ _...,. ......... _ .....-..... .......... __ ___ .. _ ... _._... ... ..... .,._., .. ca,CIIIII ., ......... ._..21. -..... -. .. -... -._..._ ... ca, Clllll'w OIIIO, -. .. -. ..--.... -.... -... -· .,_,, .. ..,_.ca,_ .._,._.__ ------......... ~..,., E ..... 111•• ........__¥.._..._ __ • -...."' JUDITH A. Bl0EMEN j' NOTARY Pl8JC STATE Of COLORADO 6' - • . .. • • 0 I - • Date September 21, 1998 Initiated By • 0 • COUNCIL COMMUNICATION Agenda Item 10 a i Staff Source Subject An ordinance for an Intergovernmental Agreement with the Colorado Department of Transportation "' - Department of Safety Services Division Chief Tom Vandermee COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has placed a strong emphasis on public safety in our community. RECOMMENDED ACTION The Department of Safety Services, Police Division, is requesting that Council approve an ordinance establishing a contractual agreement between the City and the Colorado Department of Transportation (COOT). The contract provides for grant money to be provided to the Police Division for the purchase of two 1998 Kawasaki 1 OOOp motorcycles and funding for a uniform police officer. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The contract between the City and COOT establishes resources that will enable the Police Division to initiate a three year comprehensive traffic enforcement project. Two motorcycle officers and one traffic officer assigned to the Impact Team will be responsible for aggressively enforcing those violations that cause accidents and/or disrupt the quality of life of the community. The Police Division's primary goal established in this contract will be to reduce accidents at the top five accident locations within the City by ten percent over the duration of the contract. Another goal of this project is to improve the quality of life of the community by effectively addressing traffic issues that compromise safety and disrupt the quality of life . The selection of Kawasaki motorcycles is based on cost savings and availability over other models such as Harley Davidson . FINANCIAL IMPACT The financial impact on the City is in the form of personnel assigned to this program . Two officers are currently assigned similar duties and responsibilities . By assigning these officers to this project on a permanent basis , no other police services or resources are compromised . The City will hire one new officer for this project, as provided for in the grant contract. The grant will also pay for the purchase of the motorcycles, a percentage of the maintenance costs for the motorcycles, and the training for the officers . LIST OF ATTACHMENTS Proposed Bill for an Ordinance ~ --- .. • • 0 ]- • • ,. • • '· ' Published as a Bill for an Ordinance on the 25th day of September, 1998. Thomas J . BUl"llll, Mayor A'M'EST: Loucrishia A . Ellis , City Clerk I, Loucrisbia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance. introduced, read in full , and pasaed on first reading on the 21st day of September, 1998. Loucrishia A. Ellis -2- . , • . .. • • 0 - Date September 21 , 1998 Initiated By • 0 • COUNCIL COMMUNICATION Agenda Item 10 a i Staff Source "' - Subject An ordinance for an Intergovernmental Agreement with the Colorado Department of Transportation Department of Safety Services Division Chief Tom Vandermee COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has placed a strong emphasis on public safety in our community. RECOMMENDED ACTION The Department of Safety Services, Police Division, is requesting that Council approve an ordinance establishing a contractual agreement between the City and the Colorado Department of Transportation (COOT). The contract provides for grant money to be provided to the Police Division for the purchase of two 1998 Kawasaki 1000p motorcycles and funding for a uniform police officer. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The contract between the City and COOT establishes resources that will enable the Police Division to initiate a three year comprehensive traffic enforcement project. Two motorcycle officers and one traffic officer assigned to the Impact Team will be responsible for aggressively enforcing those violations that cause accidents and/or disrupt the quality of life of the community. The Police Division's primary goal established in this contract will be to reduce accidents at the top five accident locations within the City uy ten percent over the duration of the contract. Another goal of this project is to improve the quality of life of the community by effectively addressing traffic issues that compromise safety and disrupt the quality of life . The selection of Kawasaki motorcycles is besed on cost savings and availability over other models such as Harley Davidson . FINANCIAL IMPACT The financial impact on the City is in the form of personnel assigned to this program . Two officers are currently assigned similar duties and responsibilities . By assigning these officers to this project on a permanent basis , no other police services or resources are compromised. The City will hire one new officer for this project , as provided for in the grant contract. The grant will also pay for the purchase of the motorcycles, a percentage of the maintenance costs for the motorcycles , and the training for the officers. LIST OF ATIACHMENTS Proposed Bill for an Ordinance ..... ! _ 1'6r •. •· • 0 , 2 ORDINANCE NO. SERIES OF 1998 ·, • • • BY AUTHORITY A BILL FOR /0tJ..-' COUNCIL BILL NO. 56 INTRODUCED BY COUNCIL MEMBER~~~~~~~ AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) 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 (CDOT) for a grant to establish a traffic enforcement project ; and WHEREAS, the CDOT 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 assigned to the Englewood Impact Team who will be responsible for aggreuively enforcing those violations that cauae accidents and/or disrupt the quality of life in the community; and WHEREAS, the Englewood Police Division's primary goal is 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 this project is to improve the quality of life on the community by effectively addressing traffic issues that compromise safety and disrupt the quality of life ; NOW . THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section J. The City Council of the City of Englewood , Colorado hereby authorizes the Intergovernmental Agreement between the Colorado Department of Transportation (C DOT) and the City of Englewood , a copy of which is marked aa "Exhibit A" and attached hereto. Sect1op 2. The Mayor and City Clerk are hereby authorized to s ign and atteat uid Intergovernmental Arreement on behalf of the City of En1lewood . Introduced , read m full , and paaaed on first readins on the 21st day of September, 1998 . -1- ,,_ • .. •· • 0 , - • • • • • Publiahed as a Bill for an Ordinance on the 25th day of September, 1998. Thomas J . Burns, Mayor A'M'EST: Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 21st day of September, 1998. Loucriahia A. Ellis -2- . , ' • • 0 I ]- • 0 , . • '· DEPARTMENT OR AGENC Y N L '.~E:=. CONTRACT ROUTING NUMBE:=. CONTRACT THIS CONTRACT, made this __ day of , 1998. ::•, ar.c between the State of Colorado , for the use and benefit of the Department of Trans·=·::r::a::,:m , Office of Transportation Safety , 4201 East Arkansas Avenue , Denver, Colorado ec2.22 . hereinafter referred to as the State , and the City and County of Englewood . for tl":e _se a.:id benefit of the Englewood Police Department , 3615 S. Elati Street. Englewood . CC 3i:· ·: hereinafter referred to as the Contractor , WHEREAS . authority exists in the Law and Funds have been budgeted . ac:=r cc:r;ated and otherwise made available and a sufficient unencumbered balance thereof re!':"a .r.s available for payment in Fund Number 400, Appropriation Code 303 . Orgn Unit Sc:;::: Contract Encumbrance Number 9710, GBL Number 212A , FEIN Number 84600C=:.3 a.--.= WHEREAS , required approval , clearance and coordination has been ac::-::11s.--:d from and with appropriate agencies ; and WHEREAS . the State is authorized under Sections 43-5-401 and 24-42-iC ; C = S ., as amended . to coordinate with the federal govemment and other entities to deve·:= a:-,: implement plans and programs involving all aspects and components of traffic sa 7~:-... :- Colorado ; and WHEREAS . pursuant to Title 23 United States Code , Sections 402. 408 . ar ,: .:. ·: and to 23 Code of Federal Regulations , Parts 924 , 1204 and 1205. the State has ~:e:·.~ approval and funding for implementation of its Fiscal Year 1999 Highway Safety .= a:-'-SP) from the U .S. Department of Transportation , National Highway Traffic Safety Acr:--:s~1on and Federal Highway Administration ; and WHEREAS . the HSP contains programs and activities which the State has determined , in accordance with applicable criteria . are designed to reduce the 'rec_e:-c-_. and severity of traffic crashes or improve the operational efficiency of existing traffic sn:y programs in Colorado ; and WHEREAS . the State solicits and reviews Applications and determines wr .:- agencies or entities would be most appropriate in completing the obiectives . cone:.. ::::r~ ::ie activities and prov iding the services required by the HSP; and WHEREAS . the Contractor has submitted an Application to conduct certa ,-ac:·,:ies approved in the HSP . wh ich Application has been approved by the State ; and WHEREAS . the Contractor, a political subd ivision of the State . has the :e::--1ca . ability to prope rl y complete the objectives and activities of the Appl ication . as ces.:.-~ -, Attachment A .of this Contract ; and WHEREAS . it has been determ ined no State agency can reasonab ly ccr.c·_:: ~~ activities and prov ide the services required of the Contractor; and WHEREAS . th is contract is executed by the State under authority of Sec::c -s .:.2-5- 401 and 24-42 -10 1. C .R.S .. as amended , and is executed by the Contractor unce · a1..::-,::.rity of Section 29-1-203 . C .R.S ., as amended , and as authorized by the forma l resol1..:: :r attached he reto as Attachment A ; and Page 1 of 10 pages ,,,_ ,.. X ... I e I T A • .. •· , . • 0 .. • 0 • WHEREAS . the Contractor warrants it has taken all necessary steps to ensure the 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 terms 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 terms and conditions in the performance of the work . 2. If a conflict occurs between the terms and conditions of this Contract proper and the attachments hereto . the priority to be used to resolve such conflict shall be as follows: 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 1=rovide the services described in the Scope of Work attached hereto as Attachment A and detai led in Attachment A. 4 . In the performance of the work . the Contractor shall comply with all applicable administrative procedures and contract requirements contained in the October 1, 19S4 Colorado Highway Safety Contract Management Manual. 5. The Contractor shall submit periodic and final repor1s to the State accordirg to the requ irements 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 in page 3 of Attachment A . The Contractor shall be solely responsible for all costs incurred in excess of this budget amount. 7 . The total estimated program costs shall be $247 ,111 . Subject to the conc iti ons of th is contract . the State and Contractor shall participate in providing this amount as follows : A . State share (federal funds) shall not exceed 8 . Contractor share (estimated in-kind services as detailed in application) C . Total estimated program costs Page 2 of 10 pages S 96.494 150 61 7 $247 ,111 •. •· • 0 f - • • • • 0 • The State share sha ll be comprised entirely of federal funds made available to the S:a:e -,e State share amount of this Contract shall not be exceeded . If th e actual total pr c gra:-::s::s are less than the estimated total program costs as a result of t he contractor's fa il ure :: s ... o ::i iy all of the estimated cont ractor share. the state's share shall be reduced proportionat e :; -,e term "proportionately" means the ratio of actual expenditures to total planned excer.c .:-_:;: 'or both State and contractor shares . The contractor may increase the contractor share .v-::-o _it further state approva l , but th is increase shall have no impact on the state share . 8. The State shall re imburse the Contractor for the satisfactory performance :· ::-;s Contract exclusively from funds made available for this contract under the Hig hway Sa·e,_. Act , Title 23 , U .S.C . Section 402 . Such reimbursement shall be only as provided 1n ::-e Contract Manual. Such reimbursement shall be contingent upon the contributio n by :-e Contractor of its partic ipating share as provided herein , and sha ll be conti ngent upcr :-e continuing ava ilability of federal funds under the Highway Safety Act , Title 23 , U S .C ::~•:in 402 , for the purposes hereof. 9 . The term of this Contract shall begin on the effective date and shall :errr -a:e :,- September 30 , 1999 . The effective date of this Contract shall be the date the requ ire: signature approval of the State Controller is obtained on this Contract. as evidencec :_. :-e date first appearing above . Contractor agrees that any contract work performec or ::s:3 incurred prior to the effective date shall not be compensated under the terms of :his : : -::--a::. 10 . The Contractor agrees that any subcontract entered into under th is C:-::=:- shall meet all applicable state and federal requirements , inc luding the requirements --:1: 49 , C .F.R. Section 18 .36 concerning competitive procurements , and must be apcrc·.e: ::, ::ie Director. Office of Transportation Safety , prior to execution . Contractor shall no t ass ;-:,:s Contract without prior written approval of the State : any ass ignment without suc h ac:-::·,:1 shall be vo id . 11. a) Terminatjon Due to Loss of Funding . The parties hereto express iy recognize the Contractor is to be paid , reimbursed , or otherwise compensated so le ::, .~-:- federal funds provided to the State for the purpose of contracting fer the services ;:r:·.·:e-.= 'or here in . Therefore , the Contractor expressly understands and agrees all its righ ts . ce-a:-cs and claims to compensation arising under this Contract are contingent upon rece ipt :· ;;_c- funds by the State . In the event such funds or any part thereof are not rece ivec :,y :.-e ::'3te the State may immediately terminate or amend this Contract. b ) Terminatjon for Cause . If, for any cause . the Contractor shall fail to ful fi il -a -:riely and proper manner its obl igations under this Contract. or if the Contractor shall v 1o la:e ar, :if the covenants . agreements or stipulations of this Contract. the State shall thereupo n ha·. e :-e ,ght to term inate th is Contract for cause by giving written notice to the Contractor of suc h re-r .a:,o n and specify ing the effective date thereof, at least 30 days before the effective date c· ;;_c- term ination . In that event , all fin ished or unfinished documents . data , studies , su rve ., s ::.wings, maps , models , photographs and reports or other material prepared by the Contrac::· _-c:e · t his Contract shall , at the opt ion of the State , become its property , and the Contractor sr a :e e mitted to rece ive j ust and equitable compensation for any satisfactory work completed o n s _:- documents and other materials . Any provision of this contract to the contrary nctw,::-s:.arr::in g , in the event term ination of this contract becomes necessary , in the state's sole dis c~e:::-·: :omply with any court order concerning state personal serv ices contracts generally or thi s :: -:--:e: spec ifically , this contract may be term inated by the state immed iately upon the g 1v 1r ; :· -,::i:1 ce to contractor w ithout further obl igation of the state . Page 3 of 10 pages • I· • C f ]- - • ,, • • • "' • '· 12 . INDEPENDENT CONTRACTOR THE CONTRACTOR SHALL PERFORM : DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMF_: "EE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTR,e, :-:)R SHALL BE . OR SHALL BE DEEMED TO BE , AN AGENT OR EMPLOYEE OF THE ST..:.: AND THEY SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED , TO BIND T-: STATE TO ANY AGREEMENTS , SETTLEMENTS , LIABILITY, OR UNDERSTANDING::, :EPT AS EXPRESSLY SET FORTH HEREIN. THE CONTRACTOR SHALL BE RESPONSIE...: TO THE STA TE FOR THE ULTIMATE RESULTS OF PERFORMANCE REQUIRED HERE·-'.OER BUT SHALL NOT BE SUBJECT TO THE DIRECTION AND CONTROL OF THE STAT: .:..5 TO THE MEANS AND METHODS OF ACCOMPLISHING THE RESULTS . THE SPECIFIC..:. -,oNS IN THIS CONTRACT OF PARTICULAR PERFORMANCE STANDARDS THE STATE C:=MS ESSENTIAL TO PROPER PERFORMANCE AND CONTRACT VALUE SHALL IN NO : . :"IT BE DEEMED TO ALTER THIS RELATIONSHIP . CONTRACTOR SHALL PAY WHEN:-'= ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING , INCLUDING .:._ FEDERAL AND STATE INCOME TAX ON MONEYS PAID PURSUANT TO THIS GR.A ,',- CONTRACT . THE CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKE= : COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) AND UNEMPLOYM::",- COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHAL :E SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR , ITS EMPLOYEE: .:..•,iiJ AGENTS . THE CONTRACTOR ACKNOWLEDGES THAT CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO THE BENEFITS OF WORKER 'S COMPENS,l -:•'II INSURANCE OR UNEMPLOYMENT INSURANCE UNLESS THE CONTRACTOR OR.:. --ilRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STA TE DOES NOT PAY FCi= : ~ OTHERWISE PROVIDE SUCH COVERAGE . ,,,_ 13 . Pursuant to CRS 24-30-202 .4 (as amended), the state controller may witt'i <=•c: debts owed to state agencies under the vendor offset intercept system for: (a) unpaid child Si..--'~, debt or child support arrearages ; (b) unpaid balance of tax, accrued interest , or other chars~ specified in Article 22, Title 39 , CRS ; (c) unpaid loans due to the student loan division cf -:-e Department of Higher Education; (d) owed amounts required to be paid to the unemplc ~,-e-rt compensation fund ; and (e) other unpaid debts owing to the state or any agency therec.: ~ amount of which is found to be owing as a result of final agency determination or redu~= -= judgement as certified by the controller. Page 4 of 10 pages • • • 0 I ,v I • ,- 0 - Changes (Grants/Subgrants) The State may prospectively increase or decrease the amount payable under ::-s contract through a "Change Order Letter," approved by the State Controller er -.s designee, in the form attached hereto as Exhibit_, subject to the following c::-=-:·cns : a. The Change Order Letter ("Letter'') shall include the following : (I) (ii) (iii) (iv) (v) Identification of contract by contract number and affected para<;.==- number(s); Types of services or programs increased or decreased and the -e-11o of each service or program : Amount of the increase or decrease in the level of funding for ea.:- service or program and the total ; Intended effective date of the funding change; A provision stating that the Change shall not be valid until appr-:-.e= by the State Controller or such assistant as he may designate evel b . Upon proper execution and approval . such letter shall become an ame,,=-e~t to this contract and, except for the general terms and conditions and Spec.a Provisions of the contract. the letter shall supersede the contract in the e. e""t of a conflict between the two. It is understood and agreed that the letter -a • :,e used only for increased or decreased funding, and corresi::onding adjus::-"e--,s to service levels and any budget line items . c . If the contractor agrees to and accepts the change , the contractor shall :xe=:.rte and retum the letter to the State by the date indicated in the letter. In ::-~ :.ent the contractor does not accept the change . or fails to time.y retum the :.xe::..1ed letter, the State may , upon notice to contractor, terminate '.his contract ~=:ive at any time after twenty (20) days following the retum deacline specifie--= -~e letter. Such notice shall specify the effective date of termination . In tr.e e. e'.it of termination . the parties shall not be relieved of their obligations up to tr~ effective date of termination . d. Increases or decreases in the level of contractual funding made throu<;:--:-e letter process during the term of this contract may be mace under the ·~. :-Mng circumstances: (I) !iv) v) vi) If necessary to fully utilize Colorado State appropriaticns and/or nc,-- appropriated federal grant awards . Adjustments to reflect current year expenditures . Supplemental appropriations or non-appropriated feceral funding ::-a-;es resulting in an increase or decrease in the amounts cnginally buc<;e:e= and available for the purposes of this s>rOS3ram . Closure of programs and/or termination of related contracts . Delay or difficulty in implementing new programs or services . Other special circumstances as deemed appropriate by the State . Options : Additional Services/Performance Extension A. The State may increase the quantity of services called fer in (paragrai:r-_· '.the schedule] [Exhibit __J at the unit price specified therein . 1) The State may exercise the option by written notice :o the contrac::-= • deposited in the mail not later than __ days prior to the expiratlc -:' :he contract. using a form substantially equivalent to Exh1b1t _. 2) Performance of the added services shall continue at the same rate .-= under the same terms as the like items called for uncer the contra,::: 3) Financial obligations of the State of Colorado payab le after the c:..~-: 'iscal year are contingent upon funds for that purpose be1r.g appropriate-: budgeted , and otherwise made available . Page 5 of 10 pages . ' I· • 0 ' - ' • "'. ~ I I • • 0 - - B . The State may also require continued performa n ce for a period of (o r -: :==·: of any serv ices within the limits and at the rates specified in the contrac:. 1) 2) 3) The State may exercise the option by writte n notice to the contrac:· deposited in the mail before the end of t he performance pe ri od c' :-: contract using a form substantially equivalent to Exhibit . If the State exercises this option . the extended contract shall be :::-~·=ered to include this option provision . The total duration of this contrac:. -: .J Cing the exercise of any options under this clause . shall not exceed fr .= = years . Financial obligations of the State of Colorado payable after the c:.... -:--: 'iscal year are contingent upon funds for that purpose be ing appropriat :-: budgeted , and otherwise made ava ilab le. Rights in Data , Documents , and Computer Software A. B . State Ownershjp . If State funds are used under t his contract. any so~ ... -a: research , reports , studies , data . photographs. negatives or other doc:..:--;-:s . drawings or materials prepared by contractor in t he performance of it:: obligations under this contract shall be the exclusive property of t he S ---r..: a nd all such materials shall be delivered to the State by :he contractor u pon =~-:,e!1on , termination , or cancellation of this contract. Contractor may , at its 01111,.... = ,::,ense . keep copies of all its writings for its personal files . Contractor shall ncr -~ willingly allow , or cause to have such matenals used for any purpose :-:--:e· :han the performance of contractor's obligations unde r t his contract w1tho1..: :-: :,nor written consent of the State ; provided . however. t hat contractor shall :-: = ,:wed to use non-confidential materials for writing sam;:les in pursuit of the .. ,:-·. The ownership rights described herein shall include . but not be lim ited to . :-: -,;r-:t t o copy , publish , display , transfer, prepare derivative works . or otherwise -:-= written works . tcederal Reserved Rights . If Federal funds are used under th is contra,.::: :x:ept or its own internal use. the contractor/grantee s h all not publish or recr: :_:e any data/information , in whole or part , that 1s recorded in any form or mec11 _ - whatsoever and that is delivered or specified to be delivered under tt-1:: ::'"11:ract . nor may it authorize or permit others to do so . w ithout the written cor.s.:-: :f the federal government, through the State , until such time as the state/fer-__i:: government may have released such data/i nfonmation to the public. ..:...s authorized by 49 C .F .R . 18 .34 , the federal govemment. through the S --:::: reserves a royalty free nonexclusive , and irrevocable license to reprcc_::: publish or otherwise use , and to authorize the State and others to use = a ny work developed under this contract or a result in third party contract r:-=~~ive of whether it is copyrighted ; and b) any nghts of copyright to which a contractor/grantee . subrecipient , or third party contractor purchases C'•--::-snip with federal assistance . The State also reserves an identical license ~--:: :..:se . Patent R ights , If any invention . improvement. or d iscovery of t he contractor/grantee or any of its subcontractors or subgrantees is co n e~ ·'='= or fi rst actually reduced to practice in the course of or under this contract wcr• =•= If such is patentable . the contractor/grantee sha ll n otify the State 1mmec::::·_ and provide a detailed written report . The rights and ·esponsibilities of tl"e contractor/grantee , th ird party contractors and the State with respect ·.: S.J ::, invention . improvement . or discovery will be de!erm1ned 1n accordanc~ •·-:- appl icable state (and/or, If federal funds a re used under th is contract ~=~-al) laws and regulat ions in existence on the date of execut ion of t his co ntract ,.-=-:efi ne contractor title . ri ght to elect title , state/federal government ·march 1n · • ;-:s and the scope of the state/federal government's ri gh t t o a nonexclusive . 1r: :,:able , pa id-u p li cense to use the subiect invention for its own . The co ntrac::,-=-,._-:tee shall in c lude the requirements of this paragraph 1n its th ird party con'-°=::: ·::,r t he perfo rm ance of the work under th is contract. Appli cable Law The contractor shall at a ll t imes during the executior :'" -:-:s contract st ri ctly adhere to , and comply w ith . all appl icable federa l anc : -r.e laws , and the ir implementing regulations . as the y currently exist and may i-'="~t':er be amen ded . which are incorporated herein by th is reference as terms ar : :::i:iditions of th is contract Page 6 of 10 pag es • ' - •. ., •· • 0 ]- J- • • • Geant Assurances If this connct • • grant/8ubgrant involving the expenditure of federal funds, the contract'OI anal at al 1inlN dl6ing the execution of this contract strictly adhere to and comply wilt'l 11 -.ipi; ........ laws and regulations ... they currently exist and may taudla be ... lded . wtlich .. incorl)orallld herein by this refef'ence as llrml and CCIII lllfae• ofthil c»r*act. The contradOI shall also require compliance wltl ttw...,... and l'lgllllliorw in aubgrant agreements pennillad under this ~ ,,_....,.. 1aw1 and ragi llatiol'IS include, without limitation. b "\Jnibm Ml•••ali.,. Aequirwnents for Grants and Cooperative ~---to Slal9 and Local Govemmenla (Common Rule), at 49 Code of Federal Regulalions , Part 18. 14. The Special Provisions -allaehed herwlo .. tw'aby made a part hereof. Page 7 of 10 pages • .. • • 0 -• • ·, • ,, • IN WITNess WHEREOF, lhe -· .. _ --... .....,.,. c.,,_ lo .. °'Ocuted by ......... ...,,_.-. .......... _,,,,,, --- By_ Lo __ u_c_r~i-s:-hi 7a~A-.---=E-:-ll;-J.:-. s------- T,tte -City CJerk CL/FFORo W. HALL. State Contro,1e, STATE OF COLORAOQ ROYROA.fER,GOVERNOR Contractor THE CITY OF ENGLEWooo, COLORAoo By_ --;;;T'h'-om~a--s::-J -;;,-. -Bftu.:-r-~n·s ~ -------- T1t1e _ Navor GALE NORTON Attorney Genera, By_ BAR'~ .. R..:Y.~e-.-; R .. ---;-Y.'"AN;_.; ------------ A__ssiatant ~ Genera, Civil ~n Section Page 8 of 10 page. I . • 0 , 'l'l I - - • . ,~ • IN WITNESS WHEREOF , the parties hereto have caused the foregoing Contract to be executed by their duly authorized officers the day and year first above written . ATTEST Chief Clerk 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 Contractor THE CITY OF ENGLEWOOD, COLORADO By~~~~~~~~~~~~~ Thomas J. Burns Title t,ayor APPBoVALS CLIFFORD W . HALL State Controller BY~~~~~~~~~-,,,,....,..--~ GEORGE MCCULLAR. CONTROLLER Department of Transportation GALE NORTON Attorney General BY~~~~~~~~~~~~~ BARRY 8 . RYAN Asaiatant Attorney General Civil Litigation Section Page 8 of 10 pages .. I. . 0 , -• ,,,_ • I• . • ' SPECIAL PROVISIONS CONTROLLER'S APPROVAL I . T'tl11 COtllrKI shall not be deemed ••lid muil it shall ha•c bcCft ....-•ed by tN Controller or 1hc S1a&c or Colorado or sucll ua..11aa1 u he may 4csa&na&e. "':""AU ,,..,,ion is appltCabtc 10 any cOfttnct 1n•ol"•n1 1hc payment or monc:, by the Staie. FUND AVAILABILITY 2. Financ,~I obli1a11on1 of the S1a1c or Colorado pa~ablc ahcr 1hc-cunt•• fiscal year a,c co,u1n1cn, wpon funds for thu P•'l'OK be1•1 apptopr1a1ce1 . b1ta:~=a;. alld othcrw,,c made a11a1&ablc . IOND REQUIREMENT J . If this coatract 1n•oh,c1 1hc payfflCtH of more tban fi(ly lbouuad dollars for the c .. suvcuon. crcct1CM1. repaar. • .. ••c•aacc. or ia,....mcn1 of u, •ulQmJ. NNd. ltr1d1c. •iad.:t. 111••1. caca•••ioft or ocher pt1bl ic wcwk for 1h11 Stuc. 1N c0111nc1or saan. before caccuaa .,... N pcrforaacc: el uy a.ell wor& :ac:=--o ia tlli1 con1nc1. d•ly eaec•1e Md dcli•cr to ,tac S1a1c ofriic&aa wllo •ill lip 1M C011lr'IIC1. a,_. Md 111frtc:.cn1 boad o, .._ ~ ..,.,, .. IIC ~ ~ ..... official UI. pcul """ ... 1cn ... OM-haJ( of lhc ......... , ,., .... "'dN: ..... of llul COIIUKL SIICII ............... , c&eallld.,,.. ~i(IN ~ lellt1J c-'i1tWd .,.. dilc (aidl(al pcrformwc o( IIM: COIIU'K1 aM ia addilioa. slla&I provide dla 1f lk COMnctof or llil wlN: ............ (ail IO-,,, pe? ·.-•" ........ ma1ttial1.1Caffl turc . ••tcaaacc. ,..v,s10ft .. provcftdor or Olkt' ,.,,.ia .... or CNMacd by 1uct1 COIW'aCIOf or a.ii ..-C......., ia ..,r.,...acc of :ac we" " .. u-.-,cc: 10 ~ dOftc or fa,h to pay an~ iwno• -.1M1 ,wophcs rcn,al macllinc~. 10011. or «.1utpt11Cftt 111 11w ptootttuUOII of 1hc: wort 1M •rct~ •ill pa! IIIC :..-.a • aaou•• '"" cacccd••I 11k M• lflCCiCacd •• 1k tiond. 1op1llcr •·t1h ••&cRII M Ulc talC of c11hl per cca1 ,er ....... U•lc•• Mielll ..__ 11 caccutcd. deu.-c:-c:. #'C tiW. -clattll ill favor of tM malnCIOJ an111•1 .adcr uacft COIUl'K11ull lie aNited. allewcd er ,-HS. 4 ccn,fte4 er c:Mtlicr"1 CMCt er a Nill& .... , Onlct ,a,~ te .. T,e-ol tllc S1a1e o1 C.--_, 1oc --d i• lin ol •-. Tllia ~-11 •• c_.iucc widl C&S )1•26-106. INDEMNtnCA TION •-Te .. a--.i by low, .. -lllooll _._fy • ..,.._ -..... --Ille Su-. it,_.,.__ -a-. opialt •Y -ail ::ami.. -. ... liMilitJ-_,. ___ ,_.._ .._ _ _, ,_ illcwnd u a-.lt ol •y ac, w-• "1 ---· er iu_......_ ....... _, 1lll'IIC'left.e,'.....-.,-..W101M' &enu o( lllis CWnct. S. ~ -...-a._i,-.. --a,iril ol-~ Ac1 ol ltS7, •-----low -6&1 I I -_,_....,_ ,.._teas 2'"~ -• ...... ., ..-cw. ...... 0,,.-,-Nllmlllwe Aaa.--. 16. ,,,,_,._ __ ..,,_....,,,.._ ____ _, ____ .. -···· .,._. .. ,._rtrow ... -ol11u-.m-...-•Wlows: (a),... -will -..._. --apiMl UJ' ......,_ • ..,U-fw .....,._ NCW e1-.-. ..... wieaal wapa. -. ..ttal_....__, ...... ...,.... ............ _ ............................... -....... -....._ __ .,... ,1,--. .............. -........ .._ .................. _ ........... ~ ,1,-............................................... ..,..._ _.,,., ....... ., ... _..,......_...,..,, . l>ip T11c~......... . ..... ~ . ......,..-...... ,. - ......... ,......, .. __,. afflcsomial ... ,......., __ --· . r:iee claw. ~),,__will. ialll oalici-or~ ,_.....,_,._..,,••-.it.,..,. ____ .. ...,.,..~ ..u ,..;,........._ ,._,. ;w widlaal,.pnltoracc.-. .... ...-enpa.-.aarilal--.lllllplL-,.Wlar,.,_-.....,. ••ae. (cl n. ~-wiU..,.. • .-labor aaion or ....-i•c ol wartoas widl wllicll IIC Ila• col-.......,....-• -caa:a:: • -·-ilia--ice• lie pnm!led ti, die coatnetinsotr,ccr. lllvili .. * 1e-. .... •-en· __.,...,,__·,c~ _. die Ea_,wc Onie,. £qui.,_,..., -Al'f'llffl&1iwc Acli ... daed Af,ril 16. lt'7'. -of dlC n,les. ,q-iaa. ... --0.-. "'* C:...-: Id) TIie •-•or and a.or-• will funholl all ••f--..,... ...,._ lty Ea_,-.c °'*'· Eq..i o,,on..ilJ -Air.,._... -a· ....,1 16. 197S . -t,y Ille Nia • ...,..._._ Ordcn el Ille C..-.C.-. • ,.._ ....... -will,.....,-••......_-.__ --~ Ille caatrac1ia1 "FftCY ud Ille afflce of Ille~• Iii• desi-l'ar,.,.... ttl -.,..,_ to -c....i;-widl -....._ 111$111---. IC) A labor.,..; .. ,_ will -ncluck ~ illdi•Mlual ...-...IC qulirled ,_ "'11--nllop """' i• wet, ..... ---. .... pd_, 111C ·--- from ffM'fflbcnhip in IUdl Labor arpn,u1.on or dl11Cn111,natc ap,m.a •Y ol 111......,.. • •lie full ffl)O)'IIWftl of won. .,,_.lllllily llill:aJC of race. =-c.. :=-r. 11r1 . Mllonal on11n . or aausary. CO A labor .. ,.,.,u,-. • Ille cmplOl'ft' cw -rs lllcROf ••II -aid. -. iac11c. c-1 o, --dlC doiaa ot MJ 0<1 def.-ia dl&a c--=c: ;,: 11c diKriffliNltory or ob11ruct Of' p,c:¥elll UI"! pcnan from COll'lpt, .. , WIG 1M ,.,,...,111111 of ,h11 COftlr'KI 01 lfl"! order iUIICCI tMIClllldcr';. allelllpL Cl&!lar" :r.e:uy or 1nd1reclly. 10 commu any ac,: defined an 11'111 conttac:1 10 be d11en11uu10ry. ,.,_ ._AC-0 :?I 1tc ... , .. 41,4J JM-SJ..t1 .1e1! • • • • 0 , ]- • • • '· • (S) In 1hc event of the contrac1or ·> non ·comptiance .. uh 1hc non-discnmin11ion clau~u oi 1t111 contract or w11h any of s..ch nalcs. rc1ulauoas. or ordcn. this contrul may be anccJcd . 1crm 1natcd or s.uspendcd in •·hole or 1n pan Rd the COftUKIOf' nuiy be dccJarcd incli&ablc for funbcr S1aac cC11Nnct1 in accordance wuh procedures. 1u1honzed •• EJ.ccvcivc Order. Equal Opportunuy and Affinnaai wc A.Clion of Apnl 16. 1975 and die rules. f'ClulM1ou. or orden promulg.atcd 1n acc:ordancc 1hcrewith, and such other sanction, H may be impowd and remedies as may be invoked u ~idecl in Eacc•tiYC Onkr. Eq,oal OJ,ponuni1y and Affirmaiive Ac1ion oC April 16. 1975 . or by rules. n:pla1i ... or -*n .....-i1a1cd m acc....-C .-.,.illl. ar • ocl,cn,iac prow idcd by 1, .... (b) The conuactor w,11 i nclude 1hc provisions of parapaphs (a ) 1hrou1h (h) ia "cry 111bac•trac1 aad 11tkan1rac1or pwct.uc order 11Dleu c&anpled by ruin. rc1ul11ions. or orders issued punuaat to E&CC'Utivc Order. Equal Oppon11111ty and Affannauve Action of April 16 . 197S. so daAI IIICll pnwiUOIIS will bt bindinc upon each subcon1ractor or veodor. TM cODUKtor will lUc sad\ action widl rcspcct to any M1b<ontractia1 or purdauc order u die COMnC1iJaa apnc~· may ctaru1. as :a mc~ns of cnforcin1 wch pro•iaions. includi na unctions for IIOlt-COlllpliancc: pro,,ided.. llowevcr. tllat ill chc c,,ca1 rlllC COlllraC10r ~u in•olved ,n. or 1s 1hre11cncd wi1h . li1i1auon. widl 111c subcontractor or •aador • a rcsutt of well direcuon by the coauactiac aacacy. die COIIU'KIOt' JU)' requcs1 the Seate of Colorado 10 enter in10 1•d1 lit11aaioa 10 proteet IIIC Ullcrat oC 1M S&a&c of Colorado. COLORADO LABOR PREFERENCE 6a. ,,..,.111ot11 ot CRS 8-1 7-101 & 102 fo, prcfucncc of Colorado lattor ..c applicable 10 tllti, CCNIUKI if ,-Mic worU witllia chc Sla&C an • ..., .. .....,. 8M arc fia..-cd n1 wltolc or 1n pan by S1uc funds. It. Whl'n a -.·a111truc:11on COflllrKI for a public project is IO be awarded 10 • btddff. a raNlctll .._, Malt lie allowed a prdcrcncc apiasl • _.,..._ ..._, fnNIII :a ":.IC' n, ~-•rc1;n counu ~· e-~ual 1n 1hc ~fcrenc:c 11¥fll .r. ~ired It~· 1hc .. 1a1c o, fo,cif• c .... ,,_ i• .tt.Ktll die -·rcti4cn1 IMddcr i& a ..aMlellt:. If iii&...._ ... by ttk: 1ttlicc: f\:~pon,iblc :ur J .. a:d1n1 the bu! U••• cnmplu,Kc w11ft ;.h o, ,uh1<C'h 4111 Un~~·,·.,.~.:«•~ oi lcdcral '""CS •ftteft wo..14 od1erw1ac tac a,·ailaMc CK •-ld ....,._tic be 1acon&1ucn1 •1111 rcq1111rcmcnH ol fcclaaJ law. dl1s MIOMCl1N wall tac IIDfendeiS. NI •ty to 1M caacnt nccnaa,y IO PfC"CIII ..... oldie .... ,., or '° clilllliulc 1hc i11eoa11sacncy wnh Federal 1911•i1e111C11U (CllS l•lf...101 MCI 102) CENEllAL 7. 1111 iaw. oldie S1uc o( Co..,... -__ ...,..._ ----loe .,iiN ia .. ____.. U-. -ellliia W. MIJ ---of Ollis caanct ---_,. __ ..,. .., ___ ,._ ,_..__ ""-,uua-;.ioial ..., ___ _ ia--,aceaflic, ... i ... uid ...... ---....--------NeoMas-i• ..,.__.._,. __ ..,...,_ .... -·---·----.--------..... ----....._.---i•-,. .......... _.., __ ..,.__ --•-.A•~-iliaa . ____ .., _____ ,....;_wil_ia...wa. .. _el ______ _ cOMl'ael 11 ca,aolc of uecurion. · L Al Ill --•I Ille.,_.,,,.•--••--.. c-,-~ -. ... ..,._ ,-.i--._-.-........ -•we __ .., __ ... _ t . 1111 ...-;. •--My -(--C&S l~JOI. a. -mn-,y-C-.,. Id_)_ CltS 1a-a-.o1. & -(-el-Olr-1. ____ °' ____ ,,__ ... ,,.......,.. ____ _.... __ .....,_ ... _, ___ ......_ _____ .. __ ......, ....... i..ia; WTnlESS WHEREOF. 111s,_.. ____ C-•• _, .... _ ......_ ,__ .. AC ·O!C aew .... l N ) m -s~•• · ,.,. Al'PIIOVAU CONllOU.Ell • I •. .. ., • • • 0 - • • • . • ' Sample Change Order Letter lo GranVSubgrant 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 'Npi'rtment of T:: -- Division) and [Contractor) ,, - covering the period of July 1, 199 through June 30, 199 the undersigned agree that the maximum amount payable by the State for eligible Nt'Vices in Paragraph is (jncre1sed{1'Deled) ~~> to a new total of($:___). The first sentence in Paragraph is hereby . The services affected by this Oomeer1ldfHDllld> are modified as follows : The Budget is revised ac:cordingly , as set forth in the Revised Budget, Attachment , attached and incorporated herein by refei'ence . This amendment to the contract is intended to be effective as of , but jn no ,vent shall ~ be dffmod Ylfid until ;t lb•II blYI betD agpgyeg by tbe state controiiir or SUCb ass;stant as he may desjgnate . Please sign, date, and retum all copies of this letter on or before ------19 __ . Contractor Name : By : Nam~e----------T~e _________ _ APPROVALS : By : For :_:_:_:_-_-_-_-o-iv-,s-io_n ___ _ Stale of Colorado : Roy Romer , Governor By : ""For""'"'lhi""""'""Eiicutivi'"""".,...,,__,.""'Oiriictor""""'..,.,.,..,....--Colorado Department of ___ _ FOR THE STATE CONTROLLER Clifford W . Hall By : .Stiti,....._eoniro_...,... .. H,......er -or"""Oiiignie ____ _ Page 9 of 10 pages . . ' ' • ' • • 0 f ~" I ]- . ' Sample Option 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 Coforado"'Cipartment of division) ancr- [Contractor) "'~ covering the period of July 1, 199_ through June 30, 199_ the State hereby exercises the option for (additional services . as specifically described in Attachment) and/or [an additional one year's performance period at the (cost) (price) specified in paragraph_.) The maximum amount payable by the State in Pa~raph _ is (jncre~dacntlffd) by CS a!iigynt of cb!IID~t> to a new total of CS ). The first sentence inaragraph _ is hereby mod ed according y. State of Colorado : Roy Romer, Governor For the Executive Director Colorado Department of __ Title APPROVALS : By : For :::::::::::::--biv.-.,sio-n- FOR THE STATE CONTROLLER Clifford W. Hall By : "ST"tite-"'e'""ontroiiir..,....,..,.,,....-or_,Oii..-... ig-nee-- Page 10 of 10 pages •· • 0 r ,,,,.. I ]- • " - t' "' • • (. Colorado Department of Transportation Contract Objective Plan S-Program: Public Ways I Contracling AQency : Englewood Po1ica Depanment s... Sub-Program: Tranapoitation Smly I Pro,ect~ Onc:tor C . Olson PfOlllem Solulian Plan : Police Traffic Selvices I Contraa Period: E"9dive Date through s.,,tember 30, 1999 P!a,ec:tt: 99-09 I HSP• 99-02 IT-• 21-02 Qbiedive: To raduce trafflc: a-ashes by 10% al he high hazard locations . to 1-.,ond in a proaclive manner to tralllc conc:ama and complaints arising from citiz-and Olher enlilin wilhin the community. to establian collaboratiYe 191ationanipl wilh other public and private persona/groups having impact or influence on trafllc ufllly iuues such as the Speed Watch coordinator , the Neighbomood Waldl c::oordlnalOr, trafflc augil-i.ig dapanmam, school health and safety commillN. private cmz-and businnMS through S9plambal 30. 1999. Task Adlvilv. Activity ONaiption 21-02 .1 21-02 .2 21 !02 .3 21-02.4 21-02 .5 21-02 .6 On a quarterly basis . review trafflc: aash. violation and citizen complaint data and select five high hazard locations for Nladive traffic enfon:ament through Slpla.1 lbai 30. 1999. Deploy a thrN panon traffic unit for a coi1ip.ehe111iva trafflc: program induding enforcement. education and etigi-ing to AICll,ca ~ al the top five high hazard locations through September 30 . 1999. Provide 80 hours af apecialind training in the operation af police motorcydes to five officers by Maren 1 . 1999. PurchaH two fully equipped lllODC~ and two'-apaad nwuring devicn by January 1 , 11199 . Solicit and respond to communily conc::ama or ~111 regarding tralllc safety ..-. analyn problems tor undal1ying c:aw and dawlop ~.,.laiva long term ICllulions IO ttw idanllllad problama through September 30. 1999. Atland a minimum ol one cammunily ac1lwily par montn through ~ 30. 1•. Submit quarterly rwpo,11 by January 20. Apnt 20 . July 20 and OCIObar 20 and a ftl,aj rapon and ftr,aj claim for coats incurr9d by Novambar 1 !I . 1999. ........... ..._ _ .....,lcla _. may -111 ...a. COOT"-111 06 7192 Aaachment A, .... I of 3 ' ' . ' • .. • • 0 , ]- • " - • • {, Colorado Department of Transportation Contract Evaluation Data Tall -21-02.1 21-02.2 21-02.3 21-02.4 21-02.5 21-02.8 I HSP• 99-02 Evaluation - PTOVide a narrative deKriplion of the analylis UNd IO Nied the live high hazard locationa for salec:tiVe enforcement. Include summary of crnhn. violatlons/citallons and citlZen camplainls. Provide a summary of hours wortied by location, the number of crashes at each target location. and the number and type of citations written. Provide a written evaluation of the motorcycle operator training. Provide a capital equipment accountabilily fonn for the rnotorcyctn and the laMr l!)Nd mealUring devic:as. Describe process and outcome of IOliciling community conc:ems . Delcribe process and outcome of problem analylis. Oescribe long tam, solutions implemented and uped9d outcome. Describe the community events attended. number of people ruc:hed. nature of ft91t, maerials distributed. coordinatlOn wilh octw trafflc: safwty programs 0, initiativfl. Provide quart9rty '9pOl1S . llnal report and claims .. requil'ed. The llnal report must include an m111rnant of impact on crahes. Type of Evaluation Adi ,ii lilD iilllw Perb ma lCII AdmililDaliw Report TimeF,- auaneny Quaneny First auaner Quai1er1y/Final PlevilMedllloal•...._•_,,••...._ CDOTF-•110 "3 Aaacbmcnt L , 111se _2_ of _3_ I· • 0 , ~• • - • I • - COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT FINANCIAL BUDGET PROJECT # 99-09 BUDGET ALLOCATION FOR HSP# 99-02 TASQ21-02 Costcataaory OTS(S) Aaency(Sl Personal Services 60 ,828 145,002 Operatina expenses 10 ,666 5,615 Travel expenses -0--0- Contractual Services 2 ,000 -0- Other 23.000 -0- Totals 96 .494 150.617 DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATES LOCAL $96 ,494 BUDGET AUOCA TION FOR HSP# TASQ Cost cataaory OTS(S) Agency($) Persona l Services Operating expenses Travel expenses Capital equipment Other Totals DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATE$ LOCALS BUDGET ALLOCATION FOR HSP# TASKI Costcataaory OTS(S) Aaency(S) Personal Services Operatina expenses Travel expenses Capital equ ipment Other Totals DISTRIBUTION OF OTS FUNDS (BENEFIT OF): STATES LOCALS TOTAL BUDGET OTS(S) Agency($) $96.494 $150 ,617 --------- • •• "' - ' Total(Sl 205 .830 16 .281 -0- 2 .000 23 .000 24 7 .111 Total($) Total($) Total($) $247 ,111 CDC T a..:.-, r ·:. .,: • . • • • 0 ]- • r • ,,, -• • (• . • ' • COUNCIL COMMUNICATION Date Agenda Item Subject September 21 , 1998 10 a ii Radio Tower Property Lease Initiated By City Attorney I Staff Source Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In 1991 the cities of Englewood and Littleton entered into a fifteen year lease with Radio Property Ventures for the property on which the radio transmitting tower sits. The tower sits near the southeast end of the Littleton/Englewood Wastewater Treatment Plant. RECOMMENDED ACTION The action recommended is to approve by Ordinance the assignment of the radio tower property lease from Radio Property Ventures, to ABC Inc. with no change in the terms of the lease. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED On July 16, 1998, Radio Property Ventures obtained the consent of the Federal Communications Commission to the assignment of the broadcast radio station licenses and related assets used in the operations of radio stations KQXI and KAYK to ABC, Inc. The assignment includes the broadcast radio station licenses, related assets and the property lease agreement with the cities of Littleton and Englewood where the broadcast tower is located. Radio Property Ventures has requested that the lease be transferred by the cities of Littleton and Englewood to ABC, Inc. with no change in the terms of the lease agreement. The City of Littleton has consented to the Assignment of the Lease. FINANCIAL IMPACT The income from the lease of the property is approximately $14,000 per year and is split 50/50 between the cities of Littleton and Englewood. There would be no change in this payment. UST OF ATTACHMENTS Proposed Bill for an Ordinance Letter from Burt W . Kaufman, Radio Property Ventures , and Griffith Foxley, ABC ., Inc. Consent to Assignment of Lease ... .. • • 0 ' .... ,. , - August 5, 1998 Jerry Sears, City Manager City ofEnglewood 3400 South Elati Street Englewood, CO 80110 Andrew McMinimee, City Manager City of Littleton 2255 West Berry Avenui: Littleton, CO 80165 • • • '· Re: Lease Agreement dated July 16, 1991, among City of Englewood, Colorado, and City of Littleton, Colorado, as Lessor, and Radio Propeny VentureS, as Lessee Gentlemen: Please be advised that on July 16, 1998, Radio Property VentureS ("RPV"), Lessee under the above-referenced Lease Agreement, obtained the content of the Federal Communications Commission ("FCC) to the assignment of the broadcut radio station licenses and related assets used in the operations of Stations KQXl(AM) and KA YK(AM) (the "Station Assets") to ABC, Inc . Encloted for your n:fcience is a copy of'the FCC authorization issued to RPV and ABC, Inc . RPV and ABC intend to clole the sale and auipmcnt of the Staion Assets. including the assignment of the above-,efaeiiccd Lcue A,eemeDt by RPV to ABC, within the next 30 days. Accordingly, per the terms of Pm.alflh 7 of'dic i..-..\iieemeal, plcue execute the enclosed Consent to Assignment oflcue and remm it in the eacloled lelf-.addressed stamped envelope. Should you have any questions conceming this matter, pleue communicate with the undersigned at the addresses indicated below Sincerely yours, 6~j~ Bun W Kaufman, Managing Panner Radio Property VentureS P .O . Box 8085 Mitchell, n. 62040 Tel : 618/797-2299 Fax :611n97-2293 Enclosures 510022)& 0 I ?:) ~ ,,,z_(J :JtW l :u:: W . fo,Jey, Vi« -1 ABC, Inc . 77 West 66• Street New York, NY 10023-6298 Tel : 212/456-6063 Fax :2 l2/4S6-6S6S .. • • 0 , 'l'l I - - ,,,. ORDINANCE NO ._ SERIES OF 1998 '· • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO. 58 INTRODUCED BY COUNCIL MEMBER~~~~~~ AN ORDINANCE AUTHORIZING A CONSENT TO ASSIGNMENT OF LEASE AMONG THE CITIES OF LITTLETON 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 leue is for property upon which sits a radio transmitting tower with accompanying structures; and WHEREAS , the tower is currently uaed by the Dianey Company, the parent company of ABC Inc.; and WHEREAS , Radio Property Ventures wiahes to assign this lease to ABC Inc. with no changes in the terms of the leue; and WHEREAS , the City of Littleton bu comented to the Auicnment of the Leue ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Ses:;tjoo I . The Coment To Aaaipment Of Leue between ABC, Inc. and the citiee of Enclewood and Littleton pertaininc to Bi-City property is attached hereto u Exhibit A. Sogigp 2. The Coment To Aaaicnment Of Leue is hereby accepted and approved by the Enc)ewood City Council and the Ma,or is authorized to eucute and the City Clerk to atteat and aeal the Coment To Aaaicnment Of Leue for and on behalf of the City of Enc)ewood . Introduced, read in full , and paNed on 6nt readinc on the 2lat day of September, 1998 . -1 - •, . ' ·- • • • 0 - - • • • Published aa a Bill for an Ordinance on the 25th day of Sept.ember, 1998. Thomas J. Burns, Mayor A'M'EST: Loucriabia A. Ellia, City Clerk I, Loucriahi.a A. Ellia, City Clerk al the City al Enpewood, Colorado, hereby certify that the above and forepring ia a true copy al• Bill for an Ordinance, introduced. read in full. and puaecl on 6nt readinc on the 21st clay of September, 1998. Loucriahia A. Ellia -2- -----------· ' ' .. • . , • 0 - / • • • '· EXHIBIT A CONSENT TO ASSIGNMENT OF LEASE TO: Radio Property Ventures ABC , Inc . Regarding the Lease Agreement dated July 16 , 1991 , among the City of Englewood, Colorado and the City of Littleton, Colorado, as Lessor, and Radio Property Ventures, as Lessee a copy of which is recorded with the Recorder of Arapahoe County, Colorado , in Book 6222 at Pages 329 through 336. The City of Englewood, Colorado, by and through its Mayor hereby conaents to the aaaignment of the above-referenced Lease Agreement by Radio Property Ventures to ABC , Inc., a New York Corporation. EXCEPT for the notification provisions, all rights and duties of the parties remain the same. The notices required under Paragraph 13 , shall be changed as follows : 13. ~-Any notices which are required hereunder, or which either LeBBee or Lessor may desire to serve upon the other, shall be in writing and shall be deemed served when delivered personally or when deposited in the United States mail, certified, return receipt requested, postage prepaid, addressed u follows : Ifto !&we: Griffith W. Fo:dey, Vice President ABC , Inc . 77 West 66" Street New York, NY 10023-6298 Telephone: 212/456-6063 Fu: 212/456-6565 Iftn Iaeor'. City of Englewood ATTENTION : City Manager 3400 South Elati Street Englewood , Colorado 80110 and City of Littleton ATTENTION : City Manager 2255 West Berry Avenue Littleton, Colorado 80165 ATTEST: Loucriahia A. Ellis. City Clerk ------ Emeraency Notification: Frank Trueblood Phone : 303 936-4990 CITY OF ENGLEWOOD Thomaa J . a-.... ,.,.. . ' • . .. • • I Data Seplamber 21, 1HI lnltlatN By City Attomey • • " • . ' ... COUNCIL C<>mUNICATION 10 a iii COUNCL GOAL AND PREVIOUS COUNCL ACTION ,. • Subject Assignment of l.uN -Radio Building -WWTP Staff Source Dennis Sluwe, WWTP In 1981 the City of Englewood entered into a leale with Media Enterprises Corporation , now known as Radio Property Ventures, for a parcel of property on which a radio transmission tower was located . In 1991 that tower was moved to Bi-City WNTP property and a new leaM was approved . RECOIIIIENDED ACTION The action recommended is to approve by Ordinance the assignment of certain rights under the lease to the lessee. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTFIED INhen Radio Property Ventures obtained COlll8flt of the Federal Communications Commission to the assignment of its license and aaociallld facilities a review was made of al agrwnents with the City ntgarding this installation . The LeNN, under the 1981 leale, was niquired ID rwnove an unused building auoc:ialed with its operation at the 1981 location. The L.-contracted with a third party to remove the building. The third party failed to complete the rwnoval . The Leuee is requeeting that the City assign its right to evict and require removal of the building, this wil enable the Leuee to force removal at their expense, not the City's . FIIUNCIM. .. ACT NONE . UST OF ATIACI DENTS Copy of Paragrapn 4 of the 1981 ~ Ordinance with Auignment of Rigtlls Under ~ ' , • . < • • 0 -• • ·~ • (. PARAGRAPH 4 OF THE LEASE AGREEMENT BETWEEN MEDIA ENlcRPRISES, INC., NOW KNOWN AS RADIO PROPERTY VEN11JRES INC., AND THE CITY OF ENGLEWOOD, COLORADO wmcH IS DATED JUNE 5T1f 1981. 4. Building and Improvements. Lessee may, at Lessee's sole cost and expense, make such changes, alterations or improve- ments, including the further construction of buildings as may be necessary to fit said premises for such use, and all buildings, fixtures and improvements, of every kind and nature whatever, installed by Lessee, shall remain the property of Lessee who may remove the same upon the termination of this lease, provided that such removal shall be done in such a manner as not to injure or damage th e demised premises, and provided further, that should Lessee fail to remove such buildings, fixtures or improvements as above provided, Lessor, at its option, may require Lessee to remove the same. In the event that said Lessee shall fail to remove said building s, fixtures and improvements after receipt of notice from essor, Lesso r may remove the same and dispose of the same as it sees fit, and Lessee agrees to sell, assign, transfer and set over to Lessor all of .i.essee' s right, title and in·i;erest in and to said buildings, fixtures, improvements and any personal property not removed by Lessee for the sum of One Dollar ($1.00). Lessee further agrees that should Lessor remove said buildings, fixtures and improve- ments as above provided, Lessee will P-'Y Lessor, upon demand, the cos t -of such removal plus the cost of transportation and disposition ./ the reof. -2- ---' • . ., • • 0 ORDINANCE NO. SERIES OF 1998 • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO . 59 INTRODUCED BY COUNCIL MEMBER~~~~~~- 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 leaae agreement with Radio Property Ventures for a radio transmission tower, including ueociated 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 leaae 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 leasee 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 assign& ita righta to evict under the lease; and WHEREAS, the City therefore wishes to uaicn ita right to require the removal of the building to the leuee under paracraph 4 of the leue; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNClL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Se<;tiop J. The ANignment of Richta Under the Lease between Radio Property Ventures and the City of Englewood pertaininc to Bi-City property ia attached hereto as Exhibit A. Se<;tiop 2. The Aaaignment of Richta Under Lease ia hereby accepted and approved by the Englewood City Council and the Mayor ia authorized to execute and the City Clerk to attest and seal the ANignment of Richta Under Lease for and on behalf of the City of Englewood . Introduced, read in full, and paaaed on fint reading on the 21 s t day of September, 1998 . -1- • . .. •· • 0 ' . . ' ~ r • r ]- - • • • (. Published as a Bill for an Ordinance on the 25th day of September, 1998 . Thomas J. Bums, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I, Loucrisbia A. Ellia, City Clerk of the City of Enpewood, Colorado, hereby certify that the above and foretoiDI ia a true copy of a Bill for an Ordinance, introduced, read in full. and paued on first reaclinc on the 2lllt day of Sept.ember, 1998. Loucrillbia A . Ellia -2- -. .. • • 0 ]- • • ,,_ • • (. ASSIONIIBNT or aIGBTS 'UNDU ) J :.&SB _____ 1, __ WHDUS. a_.. ........ iatD ...._ &lie C1TY' OF i.NGLEWOOD, COLORADO -4 RADIO PiOHl'l'Y VBNTUUS AS TRB St'JOOISSOR IN lN'l'IBIST TO IIBDIA INTDPBlll8. OO&QKAflON a11.Jaaaar, I. l!lfl; ud WIDIWAI. .. ..,. feilll ..._arapm raaini,. \11ilrdlil ...__ .. .._ oltbl ..... OW-~ V.-...) tlDnmova a lraildinl al• dlb&fild. _.. ta&Y> tDffld iftbe lNillliDlil------~... . 'l'lle C11J aflap.w-. Ollando. i., ad dlnalla iaa Ci&J lb ... ......,....-tlD ..._......, v__.1aa11pam..aar Nm8"tile MliWi~ allllr P •• llurflll .............. . TM Ot;Jflll ..... ud _...alrttaripalDncDIVa, • ...... wai:11-r--• daa • ....._ ....... anD1 daa NIDllftlaf Mi411Nilllias• ... u ........ ..,. llatm9 • ftlDOftl. TM IA1111...-m....-....... ,..._ ... Jiomlaa _.. ...... Cbl ~ CITY O ' DIOL&WOOD -- La I rfahie Ji. lllil. Cilf Qak ,,...J ...... ...,. UDIO PIOl'DT'f YDft'UDI ~!L N-.-iJ, /4/r?Y.4 ...... , Bart W . lau6ua !I!!~ ' . • . .. • • , - • • • • COUNCIL COMMUNICATION Date Agenda Item Subject September 21, 1998 Amending Title 7-4W 10 aiv pertaining 1D Juriadlctional Limits being raiNd to $500 • ... lnltiatad By Staff Source City Atlormy NancyReid COUNCL GOAL AND PREVIOUS COUNCLACTlON Petty Theft Ordinance has historically been consistent with the State's petty theft statute. RECOIIIIENDB) ACTION The passage of this Ordinance will raise the jurisdictional limit and be consistent with Colorado State Statutes. BACKGROtN>, ANALYSIS, AND AL'l!NIATIVES IDEN1FED The Colorado State Statutes provide for concurrent jurisdiction for municipal ordinances for Class II misdemeanors which include petty theft . In 1997 the State increased the jurisdictional limit From $400 to $500. This left a gap so that petty theft violations involving amounts between $400 and $500 must be filed in County Court rather than municipal court The passage of this Ordinance would raise the jurisdictional limit to match and be consistent with State Statutes . UST OF ATTAQIIENTS Bill for an Ordinance. • • • 0 - ORDINANCE NO ._ SERIES OF 1998 • • - BY AUTHORITY A BILL FOR ,~ ID()... iv COUNCIL BILL NO. 57 INTRODUCED BY COUNCIL MEMBER~~~~~~~ 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 authori:r.ed 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: $ect,ion 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 unpurchaaed coods , wares or merchandise owned or held by and offered or displayed for sale by any at.ore or other mercantile establishment with an intent to avoid payment, which goods, wares or merchandise have a total value of less than few, FIVE hundred dollars (~ 500.00). The fact of obtaininc unpurchaaed goods with an intent to avoid payment may be s hown by concealment of the goods on one's person or otherwise, whether on or off the premises or by &0me other conduct of a person which evidences such intent to avoid payment. $ect,ion 2. The City Council of the City of Enclewood, Colorado hereby amends Title 7 . Chapter 6F, Section 4, of the Enclewood Municipal Code 1985 which shall read as follows : 7-6F-4 : PETTY THEFT: It ahall be unlawful for any person knowincly to obtain or exercise control over anything of the value of leas than "-FIVE hundred doll.an (~ 500.00) of another without authorization or by threat or deception, or -I - ,, - • . •· • 0 f ~ I • • ,~ ·, • knowing said thing of s uch value to have bee n 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 8. 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. Section 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~ 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 f9'lr FIVE hundred dollars (~ 500.00) or more . $es;tion 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 person to obtain services, WHICH ARE VALUED AT $500, which he knows are available only for compensation, by deception or threat or by false token or other means to avoid payment for the service. "Services" include labor, profeaaional service , telephone or other public service, accommodation in hotels, restaurants or elsewhere, admisaion to exhibitions, use of vehicles or other movable property . When compensation for servitt is ordinarily paid immediately upon the rendering of such servitt, as in the caee of hotels and restaurants, refusal to pay or absconding without payment or offer to pay gives rise to a presumption that the service was obtained by deception as to intention to pay . 8 . It s hall be unlawful for any pel'IIOn having control over the disposition of services of others, to which he is not entitled, to divert such services to his own benefit or the benefit of another not entitled thereto. Se<;tjon 5. The City Council of the City of Englewood, Colorado hereby amends Title 7, Chapter 6F, Section 9C , of the Englewood Municipal Code 1985 which shall read a s follows : -2- "' - .. ,,/ I· • 0 I ]- • f' • • . . 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 pereon to issue or to pass a check for the payment of money lea than "-FIVE hundred dollars ($4416:0& 500.00) koowinc that the iNuer doea 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 outatandinc at the time of issuance. Introduced, read in full. and p.-d on first reading on the 21st day of September, 1998. Publiabed as a Bill for an Ordinance on the 25th day of September, 1998. Thomas J. Burns. Mayor A'M'EST: Loucriahia A. Ellia. City Clerk I. Loucriahia A. Ellia. City Clerk ~ the City ~ Enclewood, Colorado, hereby certify that the above and forelOinl ia a true copy ~ a Bill for an QrdinaDce, introduced, read in full. and p..-l on fint readinc OD the 21at day of September, 1998. Loucriahia A. Ellia -3- . . . ' .. • • 0 r I - - • ORDINANCE NO._ SERIES OF 1998 .. • • • BY AUTHORITY .. COUNCIL BILL NO . 50 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT BE'IWEEN DANIEL BROST AND THE CITY OF ENGLEWOOD, COLORADO FOR A BARN WHICH WAS BUILT ON THE RIGHT-OF-WAY FOR THE CITY'S WATER LINE . WHEREAS , a request was made by Daniel Brost to retain his barn which was built on the City Ditch; and WHEREAS , the barn was apparently built in good faith and pursuant to a City of Littleton Building Permit; and ' WHEREAS, this license qreement allows the barn to remain only so lone as it does not interfere with the City's uae ofita Right-Of-Way ; and WHEREAS , the Englewood Water and Sewer Board reviewed and recommended approval of this License Agreement at their August 18, 1998 meeting ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: SertiOP I. The "License Agreement" with Daniel C. Brost ia hereby accepted and approved by the Englewood City Council, the License Agreement ia attached hereto as "Exhibit A". $cs;tioo 2. The Director of Utilities ia authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 8th day of September, 1998 . Publiahed as a Bill for an Ordinance on the 11th day of September, 1998. Read by title and passed on final reeding on the 21st day of September, 1998. -1- ,. - . . . 10 bi .. • • 0 , __ I • • ·, • <. Published by title as Ordinance No . ~ Series of 1998, on the 25th day of September, 1998. Thomas J . Buma, Mayor A'M'EST: Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Enclewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance paued on final readinc and published by title as Ordinance No . ~ Series of 1998. Loucriahia A. Ellis -2- ,, ~ • . ' • J • • 0 f .,"\v i - - • • - LICENSE AGREEMENT THIS LICENSE AGREEMENT, made this day of 19~ between the CITY OF ENGLEWOOD , a municipal corporation of the State of Colorado, herein referred to as "City", and Daniel C . Brost herein referred to as "Licensee". WITNESSETH The term "Licensee" shall include employees, agents and contractors of Licensee. The term "property" as used herein refers to real property and includes easements, rights of way, and other City interests in land and may sometimes be referred to herein as "City property". The City, by these presents, without warranting title or interest, and subject to the covenants hereinafter set forth, does hereby authorize the Licensee, its successors and assigns, to: Keep a barn, as it is currently constructed and located as of the date of this Agreement, which currently encroaches on the City's Right-Of-Way easement for a water main, which is described as follows: 1. A Right-Of-Way 20 feet in width, over and across Block 45 Wolhurst Hqtrs., Arapahoe County, Colorado, the center line of which is described as follows: Beginning at a point on the west line of Santa Fe Street, said point being 280 feet north of the south-east comer of Block 45 Wolhurst Hqtrs., Arapahoe County, Colorado; thence west and parallel to the south line of 11&1d Block 45 to the west line of said Block -&5, the west line of Block 45 being common to the east R.O .W . line of the Denver and Santa Fe Railroad. All located in the S .W . 1/4 of Section 32-T5S-R68W of the &lo P. M ., Arapahoe County, State of Colorado. Recorded in the County of Arapahoe. Colorado Filed at Book 1524, Pages 532-533. Dated June 18, 1964 In granting dus Licenae, the City reserves the richt to make full UN of the eaeement of Right-Of-Way involved as may be necessary or convenient in the operation of the City's property and the City retains all richts to operate, maintain, install, repair, remove or relocate any of ita facilities located within the City's euement of Richt-Of- Way at any time and in 1uch a manner a• it deems neceaary or convenient. In the event Liceneee's imtallationa should interfere with the City'• UN or operation of its property, at any time hereafter. Licenaee •halL upon requeat by the City and at Lioenaee's sole expenee, immediately relocate , rearranp or remove its inatallation so as not to interfere with any 1uch City UN . ...... ,. - It X H I • I T A i, ,~I' l'. ... •· • f ]- • • • t• • ' <. 2 . The rights and privileges granted in this License shall be subject to prior agreements. licenses and/or grants, recorded or unrecorded, and shall be the Licensee's sole responsibility to determine the existence of said documents or conflicting uaes or installations. 3 . The Licensee shall have the right to maintain the above described parcel including but not limited to planting and trimming grass and/or bushes, fertilization and irrigation and removal of trash and brush. Further, the Licenaee may maintain the structure described above in the easement or Right-Of-Way subject to the terms and conditions of this Agreement. No expansion or modification to the existing structure may be made without the expreaa written consent of the City. 4. In the event of an emergency or any other failure of any City owned facility within the easement or Right-Of-Way, the City will not be liable for any damages to any structures of the Licensee in the euement or Right-Of-Way due to failure of the City's facilities or any subsequent repair or maintenance activities. 5. Access to the easement of Right-Of-Way , by City penonnel. must be maintamed by Licensee for purposes of inspection and maintenance . 6. No construction or excavation shall be allowed on this easement or Right-Of-Way without express written consent of the City. 7 . Upon destruction of the structure or abandonment of any right or privilege herein granted. the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmleu the City, iu officers and employees, shall not terminate in any event. 8. Thia Lice.nae may be terminated by the City at any tune with or without cauae. 9. The rights granted Licensee hereunder may not be tranafel'Ted or uaicned without the written consent of the City . If the Liceneee shall tranafer or eell the property which is subject to the eaaement of Right-Of-Way, all structurea encroachinc into the City's easement or Right-Of-Way shall be removed &om said euement or Right-Of- Way . 10. Licensee shall comply with all applicable law1 and ordinances and all rules, regulations and reqwremenu of any enVU'Olllllenw standarda and conditiom of the premiaes. If, u a reault of the Licensee·· oa:upancy of the premiaes and ita operation hereunder. any auch law , ordinance, rule or reculation is violated, Licensee shall protect. save harmle ... defend and indemnify City from and qainat any penalbea, fines , coau and expenaes including legal fees and court coata incurred by the City, caused by, resulbng from or connected with such violation or violations . In grantinc the above authorization. the City reserves the right to make full use of the easement or Right-Of-Way involved u may be neceuary or convenient in the operation of the water works plant and ayatem under the control of the City. -2- • .... ,, - • - ... .., • • 0 '3 xi - ]- I • • • IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written. CITY OF ENGLEWOOD Stewart Fonda, Director of Utilities LICENSEE : \~ '-'uz,,µ/ (? ~ ,1,p4,V,- DANIEL C . BROST -3- "' -. , • . .. • • 0 , I ]- . ' ORDINANCE NO._ SERIES OF 1998 • • ,~ • BY AUTHORITY (p~ ,- COUNCIL BILL NO. 51 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT BE1WEEN MICHAEL THYNNE AND THE C~ OF ENGLEWOOD, COLORADO FOR THE INSTALLATION OF ~ATER MAIN OVER THE CITY OF ENGLEWOOD'S RIGHT-OF-WAY FOR THE CITY DITCH LOCATED AT EAST BATES AVENUE AND SOUTH EMERSON STREET. WHEREAS, a request was made by Michael Thynne to install a 6" water main croaaing the City Ditch; and WHEREAS, thia liceme agreement will allow a sub-surface water line within a permanent easement which the Englewood City Council granted by the pauage of Resolution No . 31, Series of 1995 for a public cul-de-sac; and WHEREAS , thia liceme agreement will allow Mr. Thynne's contractors to install the 6" water main in Emerson Street up to the City Ditch euement and continue construction on the south side of Lot 1; and WHEREAS, thia liceme agreement will allow the water main portion that crosses the City Ditch to be completed once the City Ditch ia off-line in the fall ; and WHEREAS , the Englewood Water and Sewer Board reviewed and recommended approval of thia Liceme Acreement at their Aucuat 18, 1998 meeting ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 5utjgp 1. The "Licew Apeement" with Michael Tbynne ia hereby accepted and approved by the EncJewood City Council, the Li.ceme Agreement ia attached hereto as '"Exhibit A". 5caioo 2. The Mayor ia authorized to eucute and the City Clerk to attest and seal the Acreement for and on behalf of the City of Enclewood, Colorado. Introduced, read in full, and paued on first readinc on the 8th day of September, 1998 . • 1 • • t • .. ., I . • 0 , ,,,.. , • • • Published as a Bill for an Ordinance on the 11th day of September, 1998. Read by title and passed on final reading on the 21st day of September, 1998. Published by title 88 Ordinance No . ~ Serie• of 1998, on the 25th day of September, 1998. Thomas J. Burna, Mayor A'M'EST: Loucrishia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing ia a true copy of the Ordinance paued on final reading and published by title 88 Ordinance No . ~ Series of 1998. Loucrishia A. Elba -2- ,, - • . .. • • 0 -• • I• • • LICENSE AGREEMENT THIS AGREEMENT, made and entered into as of the day of , 19...,,. ______ __ ~b-y __ a_n~d,......b_e..,..tween the CITY OF ENGLEWOOD, a aunicipal corporation of Colorado, hereinafter referred to as "City" and . /11c-1111a ,tllflt/f' 6ereinafter referred to as •Licensee,• The above-described parcel contains __ , ... i-='l)...,L ....... _____ _ acres, aore or less. 1. Any constructioft"conteaplated or perforaed under this License shall coaply vith and confora to standards fo~latad by the Director of utiliti-of the City and such conatruction shall be perforlled and completed according to the plans, consisting of one •h-t, a copy of which ia attached hereto and aade a part hereof. 2. The Licensee shall notify the City•• Director of Utilities at least three (3) days prior to the tiae of co ... nc ... nt of the construction of, or any repairs aade Licensee'• "'! .'flJ'f.f t~:~ft.Y aay, In ·rt. ar.cretlon, .. l_n_s_p_e_c ... t_s_u-c""h--o-perat ions. J. Within thirty (30) days froa the date of the comaenceaent of construction of said to, II JI .. I • I T •. .. • • 0 , - • • 0 I • • 1/ 6 wATE< 1...1,..Jt: the Licensee shall complete such construction, place and maintain permanent, visible markers, of a type and at such locations as designated by the City's Director of Utilities, referring to the centerline of the installation and shall clear the crossing area of all construction debris and restore the area to its previous condition as near as may be reasonable. In the event the placing of the centerline markers and the clearing and restoration of the crossing area is not completed within the time specified, the City may complete the work at the sole expense of the Licensee. 4. The City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facililties or installations within the City's rights- of-way, at any time and in such manner as the ~ity deems necessary or convenient. The City reserves the exclusive .right to control all easements and installations. In the event the __ 6 '' WAT&/( 4<ol<f should interfe1;e with any future use of the city's rights-of-way by the City, the Licensee shall, upon request and at its sole expense, relocate, rearrange, or remove its installations so as not to interfere with any such use. s. Any repair or replacement of any City installation made necessary, in the opinion of the City's Director of Utilities because of the construction of the ,I or other appurtenant 1nstallat1on thereof, s the sole expense of the Licensee. 6. The stipulation and conditions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done a contract basis. 7. The rights and )r'?'vileges granted in this License shall be subject to prior agreements, licenses and/or grants, recorded or unrecorded, and it shall be the Licensee's sole responsibililty to determine the existence of said documents or conflicting uses or installations. s. The Licensee shall contact and fully cooperate with the city's personnel and the construction shall be completed without interference with any lawful, usual or ordinary flow of water through the City Ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch. 9. All trenches or holes within the City's rights-of-way shall be backfilled and tamped to the original ground line in layers not to exceed six (6) inches loose aeasure to a compaction of ninety per cent (901) Standard Proctor Maximum Density. • .,, - • . ... •· • 0 , -• • · ... • . ' 10. Licensee, by acceptance of this license, expressly assumes full and strict liability for any and all damages of every nature to person or property caused by water from the ditch leaking through the ditch banks or pipeline at the point or points where the Licensee performs any work in connection with the crossing provided by this license. The Licensee assumes all responsibility for maintenance of the installation. 11. Licensee shall indemnify and save harmless the City, its officers asnd employees, against any and all claims, damages, actions or causes of action and expenses to which it or they may be subjected by reason of said 6" 'Y 1,rc; < "' "'t: being within and across and under the premises of the City or .by reason of any work done or omission aade by Licensee, its agents or employees, in connection with the construction, replacement, maintenance or repair of said installation. 12. It is expressly agreed that in case of Licensee's breach of any of the within promises, the City aay, at its option, have specific performance thereof, or sue for daaages resulting from such breach. 13. Upon abandonaent of any right or privilege herein granted, the right of Licensee to that extant shall terainate, but its obligation to indemnity and save haraless the City, its officers and employees, shall not tarainate in any event. In granting the above authorization, the City reserves the right to make full use of the property involved as aay be necessary or converu.ent in the operation of the water works plant and systaa unc!e?-the control of the City. IN WITNESS WHEREOF, this instruaent has been executed as of the day and year first above written. ATTEST: CITY OF ENGLEWOOD, city Clerk Mayor APPROVED AS TO FORM: LICAGOVR .. .. • • 0 I ~ I - - • • ... • , .. - (. LOTS 1 ANO 2 BICKHAAD HALF ACAE SU8DMSION WAIVER PART OF TI-E SW 1/4 OF TI-E PfN 1/4 OF 11'E NW 1/4 OF SEC. 35, T. 4 S. R. 158 W. OF TI-E 8TH P .M., art OF eGJ:WOOO, COlMY OF ARAPAHOE. 8TATE OF COLORADO I I I ...... z PLAN sc.,i,£: 1 • • 50' -,~---,. 1. IIOR£ 22•0 l10U IN EXISlN: ~ COHlll.<CTOR TO l'1£lD IOlfY NIC ..cJIO ClUST1IIG 11£1NF'OIICING (f' POSSIII.£) IUOII IQIIING. IIDULTNG GW SHALL I[ FUED -NON-~ GIIOUf. 2. DITCH SHAU. I[ ~-rum TO DISTNG GIW>£ - A 50S SOI. MO 50S IIJITQNITt IIOC1l.oll[ C:OWllCTtD TO CITY STNOIIIDS. l . Pf'£ OC.WATION TO I[ "-'!D .nt l'I.O 'll TO A ~ r:JF OIC l'OOT Ill.OW 1IC DIS1K GIW>£ -A 50S SOI. NIC 50ll IOffl)NT[ lllff\JII[. q•· OIIOUNO UNt E>USTINC H~AU. I -----.L ''I"''" .. COIi. 0/T 1IC -1/4 0, 11C tM 1/4 0, 1'MC NW 1/4 0, ICCnoN » THE CITY OF' ENGLEWOOD UTILITIES DEPARTMENT CITY DITCH LICENSE GRANTED TO PUBUC WORKS DET. TO CROSS WITH II" WATER UNE "' - • . .. •· • 0 I :l? XI ORDINANCE NO ._ SERIES OF 1998 . . • • • BY AUTHORITY JG~~ COUNCIL BILL NO . 52 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING A "GRANT OF A CITY DITCH EASEMENT' BETWEEN THE FIRST CHURCH ~HRIST, SCIENTIST AND THE CITY OF ENGLEWOOD, COLORADO FOR 25 ' EASEMENT ALONG THE CITY DITCH LOCATED AT 3701 SOUTH LOGAN TREET. WHEREAS , the First Church of Christ, Scientist is the owner of 3701 South Logan Street and the City Ditch runs through the front portion of this property; and WHEREAS, the City of Englewood desires to pipe the City Ditch which runs through the front portion of this property along South Logan Street; and WHEREAS , this agreement would be mutually beneficial in that the easement allows the City to pipe the City Ditch and improve water flow and in turn will stabilize the Church's front concrete porch, which is being undermined by ditch seepage; and WHEREAS, this agreement will give the City an easement and allow the City to maintain and improve the City Ditch; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of this License Agreement at their August 18 , 1998 meeting ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Se<;tion I . The "Grant Of City Ditch Euement" with the First Church of Christ, Scientist ia hereby accepted and approved by the Englewood City Council, the "Grant Of City Ditch Easement" is attached hereto u "Exhibit l". Section 2. The Mayor is authorized to execute and the City Clerk to atteat and seal the Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and pused on firat reading on the 8th day of September, 1998 . -1- ,,,_ 10 b iii •· • 0 I "" J I -• • • • • (. Published as a Bill for an Ordinance on the 11th day of September, 1998. Read by title and passed on final reading on the 21st day of September, 1998. Published by title as Ordinance No . ~ Series of 1998, on the 25th day of September, 1998. Thomas J . Burns, Mayor ATTEST: Loucriahia A. Ellia. City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Enc)ewood. Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance pueed on final reading and published by title u Ordinance No . ~ Seriea of 1998. Loucriahia A. Ellis -2- • . .. • • 0 I I - • • 0 • GRANT OF CITY DITCH EASEMENT THIS GRANT ofGity Ditch Easement (this "Grant") is made this __ s_t_h_, __ _ day of August , 19 _9_8 ___ b:, First Church of Christ Scientist FogJar,rood co whoseaddressis 3701 S. Logan Street' ' Englewood, CO 80110 in favor of the CITY OF ENGLEWOOD ("Grantee") whose address is 3400 S. El:i::.: St., Englewood, Colorado 80110 . The parties covenant and agree as follows : I . Easement Property. The "Easement Property" shall mean the real property ,:,cated in the County of Arapahoe, State of Colorado , more particularly described on Exht i:i:: A, consisting of _.L_ pages, attached hereto and incorporated herein by reference . 2. Consideration . As consideration for this Grant, Grantee has given Grantor .f!JOd and valuable considerations, the receipt of which is hereby acknowledged by Grant :r. which includes approximately six inches (6") of topsoil with an adequate amount of Bluegrass seed for the Granter to reseed the easement . 3. Grant of City Ditch Easement. Grantor hereby grants to Grantee, its sucCC!:30rs and assigns, a perpetual, nonexclusive easement (the "City Ditch Easement) over, t=i:ier, across and through the Easement Property for the purpose of constructing, operat:~. maintaining, repairing , replacing, removing, improving and enlarging the City Ditc:-_ The City Ditch shall mean the City Ditch pipeline and all necessary underground and s~-:ace appurtenances thereto necessary or desirable for the transmission of water includir.!f. but not limited to , mains , conduits, vaults and ventilators . 4 Access . Grantee shall have the perpetual, nonexclusive right of ingress anc ~gress in , to , o ver, through and across the Easement Property for any purpose necessary r desirable for the full enjoyment of the rights granted to Grantee under this Grant 5 Restoration . Grantee agrees that after the construction, maintenance, repai ::- replacement or enlargement, if any , for the City Ditch, Grantee shall restore the su.-:ace of the Easement Property as nearl y as reasonable possible to the grade and conditions :: was immediately prior to said construction, maintenance , repair, replacement or enlarge:::ient , except as ma y be necessary to accommodate the City Ditch Grantee agrees to ~::i:e and repair any improvements of Grantor on the Easement Property which are darf'~:d. mo dified or altered by Grantee during said construction, maintenance , repair , rep la.::e:nent or enlargement Grantee further agrees to replace any topsoil removed from any cultiv ated or agricultural areas on the Easement Property and to remove any cxces 3 earth .... • E X H I B I T l .. • • 0 , • • 0 ,. - resulting from said construction, maintenance , repair, replacement or enlargement, at Grantee 's sole cost and expense . 6 . No Improvements . Grantor 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 shrubbery other than a grass-type lawn . Grantee shall have the right to remove, without any liability to grantor, any improvements constructed, erected, placed or planted on the Easement Property without Grantee's having obtained the prior written consent of Grantor. If such prior written consent is obtained , Grantee shall not be responsible for repair or replacement of the Improvements if they are damaged during construction, maintaining, repair , replacement or enlargement . 7 . Subjacent and Lateral Support . Grantor covenants and agrees that Grantee shall have the right of subjacent and lateral support on the Easement Property to whatever extent is necessary or desirable for the full, complete and undisturbed enjoyment of the rights granted to Grantee under this Grant. 8 . Rights of Grantor . Grantor reserves the full right to the undisturbed ownership , use, and occupancy of the Easement Property insofar as said ownership, use, and occupancy is consistent with and does not impair the rights granted to grantee in this Grant. 9 . Abandonment . In the event that Grantee shall abandon the rights granted to it under this Grant , all rights , title and interest hereunder of Grantee shall cease and terminate, and Granter shall hold Easement Property, as the same may then be , free from the rights of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned , provided that Grantee shall have a reasonable period of time after said abandonment in which to remove any or all Lines and Appurtenances from the Easement Property In the event that Easement is abandoned by Grantee, Granter shall have the right , at its sole option , to require Grantee to remove or neutralize any improvements constructed in the Easement by Grantee JO Warranty of T itle Grantor warrants and represents that Granter is the fee simple owner o f the Easement Property and that Grant or has full right , title and authority, that t his Grant is effective to grant and convey to Grantee the Water Line Easement , and that th is Grant of an easement is superior to all other grants . Grantor further convenants and ag rees to indemnify , defend and hold Grantee harmless from and against any adverse claim to the title to the Easement Property by all and eve ry person 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 representat iv es , successors and assigns of the respect ive parties hereto . The terms, covenants, agreements and conditi o ns in th is Grant shall be construed as covenants running with the land -• ,. - ... , •· • 0 ]- • ~ • ,~ . • ' <. IN WITNESS WHEREOF, the parties hereto has executed this Grant of Water Line Easement the day and year first above written . GRANTOR : ,,, ~ First Church of Christ, Scientist 3701 s. Logan P.O. Box 1156 Englewood, CO Englewood, CO 80110 80150 STATE OF COLORADO ) ,· (mailing address) ) ss . COUNTY OF ARAPAHOE ) Acknowledged before me this as First Church of Christ, and Marv Ann Norblom as Chairt~an of the Board / )· / -t(. . . Notary Public 5th day of August 19 98 , -- Scientist Address : --'3_7-'0-'l=--S'-._L_o_g.._a_n__.._, _E_n.._9_l_e_w_o_o_d""',_c_o_s_o_1_1_0 ________ _ My Commission expires : ---=l""O.._/-=l-=5.:../-=2-=0-=0-=l=---------------- ATTEST GRANTEE : City of Englewood Loucrishia A. Ellis, City Clerk Thomas J. Burns Title : Hayer ' . • . .. • • 0 I • - • . . • , ' a; I ---' I I 3 ·m~i.i::~ 60' :e~ 1., ... ,"' EAST LEHIGH "'~ ~.o.c. • ~ I • I T A • ' ' • • 0 , , ]- ORDINANCE NO._ SERIES OF 1998 • • • '· BY AUTHORITY I' COUNCIL BILL NO . 53 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING SUPPLEMENT NO. 138 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES . WHEREAS, Southgate Sanitation District recommends the inclusion of approximately l.441 acres into the District; and WHEREAS, said inclusion is located in Greenwood Village north of Powers Avenue and east of South Holly Street; and WHEREAS, the zoning of this property in Greenwood Village is single family residence Residential R-1; and WHEREAS, said annexation of this additional parcel of land will not increase the tap allocation to the Southgate Sanitation District; and WHEREAS, the Englewood Water and Sewer Board recommended approval of Supplement No. 138 to the Southgate Sanitation District at the August 18, 1998 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: $ection 1. The Agreement between the City of Enclewood and Southpte Sanitation District entitled "Supplement No. 138, to Connector'• Acreement", which includes approximately one acre located in Greenwood Villap north ofpowera Avenue and east of South Holly Street, is hereby accepted and approved by the Enclewood City Council . A copy of said Agreement ia attached hereto as "Exhibit l " and incorporated herein by reference . $ect,jgn 2. The Mayor and City Clerk are hereby authorized to Bien and attnt, respectively, the said Agreement for and on behalf of the City Council and the City of Englewood, Colorado. Introduced, read in full , and passed on first reading on the 8th day of September, 1998 . -1- 10 b iv ... •· • 0 , ]- - • • t• . • ' Published as a Bill for an Ordinance on the 11th day of September, 1998 . Read by title and passed on final reading on the 21st day of September, 1998. Published by title as Ordinance No . ~ Series of 1998, on the 25th day of September, 1998. Thomas J . B\ll'DII, Mayor A'M'EST : Loucriahia A. Ellis, City Clerk I, Loucriahis A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance paned on final reading and published by title as Ordinance No . ~ Seriea of 1998. Loucriahia A. El1ia -2- "' -. , ' • ' .. • • 0 1 32xl • • • • ,. • SUPPI.EMENT NO . .L..la_ TO CONNECTOR'S AGREEMENT THIS AGREEMENT, made and tnllf8d onto by and -Ille CITY OF ENGLEWOOO, 1C1ing by and 1t,,aq, or. duly authonzed Mayor and Ci1y C-. ,,._lier calecl Ille "City," and SOUTHGAn SANITATION DISTRICT, Arar,ohoe and Ooug1a1 C°""11e1. Colotaoo. -...11.,. called the "Dlllric~" WITNESSETH : WHEREAS, on Ille 20th dlly al J..,,.. 1111! t . the Coty and me Dillnct -into en Ag,-..., Wftell Ille City..,..., to ,,.., --ongonnng tram the 0.1=·1 Un11aty --...,,., me area -by me Oollna . .._ Ao<-.-,_, ~-by Conneaors Ag,Nment ---te. ,,ae . ano WHEREAS , -~.~--lhe~119y not enlarge o1I -. IIU WIOloul Ille_.,, con..,. at the Coty , NOW , THEREFORE,., Cllnlldera1ion al the ""'1uai ..,.._ ano unclettalu"9S hereon Ml ro,,,,, Ille -agtN II lo/lows. t The Coty ~ "-11 to the '""'"""" of -addillonal -• loa11ac1 '" Dougias Coun1y, Colorado, ""'1ed by T...,... C Smllll lU & Cl"!lloa L. Smot/1 and more hJly ....,,_ on Exhobot A at-,,.,_ and ~ ,,.,..,n by .-.....:.. into Soulngare SaMabon D111net . The C,ty -INI - aaclohonal -may be -"""'Ille -,-... at !he Otolncl. and lllat Ille City WIii treat Ille -ave discharged into Ille c;ey·, tn,nk line tram --.,,... -· al ,n accanlance Wllll lhe Connector, Agreement dated~ 18, tNa Accoroongty, E><llobit A referred 10 ,n Paragraoi, t of the Connec1Qr1 ~! dateo Novem-18, ttae. i1 hereby -to ondude IUCtl --- 2. Eac:n and every -prov,1oon of the -Connector-s Aoteenw,1 dalect Nowmber 18. Ttae. ll1all .--n unc:llanged. IN WITNESS WHEREoF, Ille -have Ml U.. llando.,.; -• lllos --day of __ . 19_ ATTEST CITYCL!RK (SEAL ) ATTEST ,, 0.-h~ ,:, ,IICRITARV !(SEAL ) .) •• µ,,._,..,..-__.,.,, V CITY QI' !NGL!WOOD ly =u=v=o=R------ SOUTHGATE SANITATION DISTRICT, ""-YAHOe AND DOU01.As COIMT!!S. CDLDMDO_. (.' h ,- l y· ~ ~~ :c. ='r;;-- ""HID!NT E X H I B I T 1 .. • • I • 0 'a2 I - - • • • '· EXHIBIT A (Legal Description) Lot 1, Tom Moore Subdivision County of Arapahoe State of Colorado • .. • • 0 ... 0 .. - c ~ _ o l :, r --.j -; -1---i · .. n tL ..._Lu 1 I ! ... , ... e r, ;a.o ,..o I •• I ~:.-.: -~~~ .rl :a ·.~ i :: ... :.o:-- -~-·· ..... ..1----__ J BEi...LEVIE ",•, I --- SEWER L '..'.~ F.~: BURSEME:.-:-A .=~. • • I 0 • • f -• • • . . • COUNCIL COMMUNICATION Date Agenda Item Subject Purchase of Compressed September 21, 1998 10 Ci Natural Gas Storage Cylinders Initiated By Department of Public Works I Staff Source Charles Esterly, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No previous Council action. RECOMMENDED ACTION Approve, by motion, the purchase of ASME storage cylinders and sequence panel from the Natural Fuels Corporation. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The current storage bottles have exceeded their recommended life expectancy of 15 years. The new storage system is rated with a working pressure of 5,000 psi (pounds per square inch), providing adequate storage for dispensing to vehides with 3,000 psi storage systems. The new recommended ASME storage system has no expiration date. Request for Bid packages were sent to three vendors; one bid was received from Natural Fuels Corporation . FINANCIAL IMPACT One bid was received from Natural Fuels Corporation in the amount of $34,859.00. Funds are available in the Five Year Capital Improvement Program. UST OF ATTACHMENTS Bid Proposal Tabulation Natural Fuels Corp. Bid •, .. I· • 0 , • ITEM VENDOR • ASIIIE ComprnHCI Natural Gn Storage 1 Cyllnden 2 Sequence P..t 3 Rebuild Kil for Nc:h Valve In Sequence Panel 4 Complela IMtaftatlon 5Partallanual • Shop Semce Manual 7 Trade-In DOT Caec:ade Storage Baaln TOTAL BID EXCEPTIONS: City of Englewood Bid Tabulation Sheet Bid Opening Date: Aug 28,199810:00 a.m. Bid Item: CNG STORAGE N.rural Fuels Corp. Kraus Alter Fuels Sulzer Technology 5155 Stap,.ton Dr N. 25 Paquin Road 2901 Wllcrest, Suite 450 QTY Denver, Co. I021' Winnipeg, C.nada Houston, Tx 77tu2 1 $21,175.00 N/R N/R 1 $4,117.00 N/R N/R 1 M71.00 N/R N/R 1 $1,850.00 N/R N/R 1 $41 .00 N/R N/R INCLUDED N/R N/R • (M00.00) N/R N/R $34,191.00 N/R N/R NONE - Page 1 r I . ~ CNG STORAGE TAB • ' . . ' ,• ' ' • • • l / 0 • ' g I • \ ~---Ql*O ...,,ft\ ,., . ., .... ., ... ...... ,,, .,, '"········ ·, August 28, 1998 Purchasing Division City of Englewood '· • • • ..,) NATURAL. FUELS CORPORATION 2800 S. Platte River Drive Englewood, Colorado 80110 Dear Purchaser • Natural Fuels is please to offer our products and services in l'9SpOnse to your bid request. We have enclosed you bid proposai sheets The products and services that we are bidding are in accordance with the exact specifications of your bid request. Thank You Chris Coen C lec n Trcnsporrc:,on Fuels & Technolog ,es • I • . .. .i • • 0 . ~ . '-I • • • a:D PROPOSAL C~G STORAGE ITEM ESTIMATED NO. DESCRIPTION QUANTITY BID PRIC::: 1. ASME Comoressed Na,:ural 1 s 2:1., I ZS- Gas Storage Cylinders (Racked) 2. Sequence Pane_ 1 $ lf.llZ 3. Rebuild Kit for eac!'l 1 $ 6.ZIJ Valve in Sequence Panel 4. Complete Installation 1 $ i,~ • 5. Parts Manua l 1 $ jl.OC 6. Shop Service Manual 1 $ inciudc! 7. Trade-in DOT Cascac.e 8 Storage Bot:t.!.es -$ ~-CO TOTAL BID s 3'-/, 3Sq I PLEASE NO'r!:: '?D CITY WII.I. wr:JDIOI.D 101 ArrD DJSDLI.L"'Z~; tilffn "rD SYS'I'!:M IS IN COMl'W:D IIOIUtINC. OaDD '1'0 '?!!!! ::TY'S SllISFAC:ION. ALL !An:1UAI. l'.O.B. CITY 01' DlCaIZWOOJ) INVO!C:~G T:::~S 2800 South latte liTe: D::i..,.. Englewood, CO 80110 •· • 0 , I • ' • • .. ,. COUNCIL COMMUNICATION Date Agenda Item Subject Purchase of Replacement September 21, 1998 10 C ii Heating System for Servicenter Initiated By Department of Public Works I Staff Source Charles Esterly, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No previous Council action . RECOMMENDED ACTION Approve, by motion, the purchase of a replacement heating system for the Englewood Servicenter from J . J. Lay Company. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Servicenter currently has a hot water heating system, proving to be unreliable and insufficient for the last several years. An infra-red two stage design replacement system is recommended, which will provide superior heat in winter, and lower costs to the City. Request for Bid packages were sent to three vendors; one bid was received from J . J . Lay Company. FINANCIAL IMPACT One bid was received from J. J . Lay Company in the amount of $27,900.00. Funds are available in the Five Year Capital Improvement Program. UST OF ATTACHMENTS Bid Proposal Tabulation J . J . Lay Company Bid .. • • 0 , I ~ City of Englewood Bid Tabulation Sheet Bid Opening Date: September 2, 1998 11:00 a.m. Bid Item: Infra-Red Heater Vendor Quantity Total J . J. LAY COMPANY t J03.111·ZOZ1 3130 S Pllltte River Drive Enflle•ood, Co. I0110 BIii Smith Plumblltfl t 303-111-1151 ~101 S Broadway Enflle.uod, Co. I0110 Bell Plumblltfl t 303-757-5M1 ~201EEva,g Demw, Co. IOZZZ NIR • NO RESPONSE • • 0 • Exceptions: $27,900.00 NONE SEE OPTION NIR ,· ' ~ NIR ~ r I . • ~ ~ Page 1 INFRA.·RED HEATER TAB • ,.__ , . - • • ITEM NO. 1. • • (• • BID PROPOSil.L INFRP.-RED HEATER DESCRIPTION INFRA-RED HEATER ESTIMATED QUANTITY 1 EID PRICE $ ---- ;- TOTAL BID Sz7.!100.00 Estimated date of delivery_~~~·e~n~t~em~b~e~r_i3~1_9_9_8 _________ ~ ALL~ F.O.B. Cl:TY 01' ENGLBNOOD 2800 South 1'1atte Iti.Ter Dr:i.V9 Enq1awood, CO 80110 INVOICING TERMS NET DUE 30 DAYS PRICE QUOTE FIRM FOR 60 • DAYS. --- EXCEPTIONS: ___ ~N_O~NE..;;.... ____________________ ~ BY: ~,Mm~~ ~:: I SI C' 7 . ' ~cePresident TITLE COMPANY 3130 Soutn Platte River Dr. Englewood Co 80110 ADDRESS 303-761-l O:Z l TELE?HONE (INCLUDE AREA CODE ) Sentember 2 1998 DATE • . ./ •· • 0 , -• • • J.J. LAY COfflPADY. me. COMPLETE MECHANICAL I ELECTRICAL SERVICE PLUMBING • HEATING • AIR CONDITIONING • ELECTRIC #21911998 September 1, 1 998 City of Englewood Service Center Garage 3130 SOUTH PLATTE RIVER DRIVE P.O. BOX 1748 • ENGLEWOOD, CO 80150·17•5 TELEPHONE : (303) 711·2021 FAX : (303) 711-o3" Re : Infra-Red Heater Bid AMENDMENT l RECEIVED : ACKNOWLEDGFD Base Bid : .. "c A(ter 'We Se ll <it e Service u Proposal per specifications supplied by the City o i'Englewood. Proposal is based on 10 , model HL 20-75 /50N 20" Strait Tube 75/50,000 BTU two stage heaters. Infra-Re·,; ~~-. Base Bid: 527,900.00 Option: Supply 10 DTHS 20-75N2, 75,000 BTU single stage heaters. Option: 524,700.00 Proposal includes all labor, material , permits and inspections for a complete and operational system . ' ' .. • • 0 • • • '· COUNCIL COMMUNICATION Date Agenda Item Subject September 21 , 1998 10 C iii Purchase of a Street Sweeper Initiated By Staff Source Department of Public Works Charles Esterly, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No previous Council action . RECOMMENDED ACTION Approve, by motion, the purchase of one 3-wheel street sweeper from Faris Machinery Company. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Unit 3211, a 1996 Elgin street sweeper, was involved in an accident, receiving sufficient damage to total the unit. The sweeper is being replaced by the Colorado Intergovernmental Risk Sharing Agency (CIRSA), less depreciation. Unit 3211 was originally scheduled for replacement in the year 2006 . Of the three bids received, Faris Machinery Company was the sole bidder meeting technical specifications . FINANCIAL IMPACT Request for bid packages were sent to four vendors ; three bids were received for replacement of hte motor driven 3-wheel street sweeper: Faris Machinery Company MacDonald Equipment Power Motive $84,865.00 $79,640.00 $86,959 .00 CIRSA will cover $45,833 .33 of the total purchase cost. Funds are available in the CERF account to cover the remaining $39,031 .67 needed to purchase the street sweeper . LIST OF ATTACHMENTS Bid Proposal Tabulation Faris Machinery Company Bid .. •· • 0 I ~ • City of Englewood Bid Tabulation Sheet Bid Opening Date: September 9, 1998 2:00 p.m. Bid Item: 3 Wheel Street Sweeper Motor Driven StrHI Parts Shop Vendor s-pe, Manual Manual Total Faris llachlnery Co. $14,165.00 INCLUDED INCLUDED $14,165.00 303-211-5743 5770 E 77th Ave. Commen:e City. Co. 80022 llacDonllld Equipment 571 ,140.00 INCLUDED INCLUDED $71,840.00 JOJ-2,1-1401 P .O . 8oK 5011 <=-men:• City, Co. 80022 p__, "'°"" 511,151.00 INCLUDED INCLUDED 511.111.00 303-355-SNO 5000 Vnques Blvd. Denn,, Co. ,0211 Municipal & Contractors Equip. NIB NIB 303-2 ..... 25 5700 Eudora Sl1Nt ~ City, Co. ,0022 Me-#OBIO Pagel • • ( 0 • l....,J 1-J I EKceptlons: NONE LISTED THERE ARE EXCEPTIONS ;' THERE ARE EXCEPTIONS r I . • :; SWEEPER TAB '- ' ·- ~ ]- •• • • FARIS MACHINERY COMPANY CONSTRUCT ION EQUIPMENT AND SUPPLIES September S, 1998 Ms. Betty Goosman City of Englewood Purchasing. 2800 S. Platte River Drive Englewood, CO 80110 Dear Ms. Gooseman: In reference to your bid request #8-121, we are pleased to quote prices on the following ELGIN equipment: One -ELGIN Pelican P Street Sweeper with all standard equipment and to include dual hydraulic side brooms, John Deere 4045T diesel engine, Turbo ll precleaner, Bostrom type suspension seats, air conditioner, hydraulic main broom suspension, broom mileage recorder, sprung guide wheel , strobe lights, strobe protector, am radio, service book and painted white. Price FOB Littleton, Colorado ------------· ------------------S 84,865.00 Terms: Net JO days after receipt of the invoice. Delivery : 60 days after receipt of the order proYiding the unit is ordered within JO days from date of bid opening. Prices are firm for 60 days from the date of the quote. Thank you for the opportunity of quoting this equipment. Sincerel y FARIS MACHINERY COMPANY !~~~ Paul Faris District Manager PF/jo Enc . 5770 Eut 77th Ave- CClllfflWlff City. Colorado IOOll-1°" PhcNW IJOJ l !19-57.0 • ffl ValleJ Ca.rt Grud Juacdoa. C.._.. 11515-9'71,1 ,,._ fffll 2'2-"'7 ,. -. . ' • ' .. ., • • 0 r ~,, I ]- ] • " - • t• - (, BID PROPOSAL MOTOR DRIVEN, 3 WHEEL STREET SWEEPER Item Estimated No. Descrietion Quantit:£ Bid Price 1. Motor Driven l Sat. B65 00 3 Wheel Street Sweeper 2. Parts Manual l $ Standard 3. Shop Service Manual l $ Standard TOTAL BID S ~.865.00 Estimated date of delivery 60 days after receipt of order providing unit is ordered within 30 days of bid opening. ALL~ 'l'.O.B. C:Iff or DGLEIICOD 2800 South Platte River Drive Englewood, CO 80110 Invoicing terms ____ N_e_t_JO ___ d_a~ys .............................. ..... Price quote firm for 60 days. BY: Paul Faris Name District Manager Tit e Faris Machinery Company Company 5770 E. 77th Avenae, C011111erce City, CX> 80022 Address 303/289-5743 Telephone (Including Area Code) September 8, 1998 Date • ' ~ .. ., • 0 , - • • 0 ·, • • COUNCIL COMMUNICATION Date Agenda Item Subject Amendment to Pro Putt, Inc. September 21, 1998 11 a i Contract Initiated By Staff Sources Jerrell Black, Director of Parks and Recreation Parks and Recreation Department Bob Spada, Golf Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION 1988-Initial agreement with Pro Putt, Inc. was to provide 54 hole Miniature Golf facility. Term was for seven years . (Resolution # 1) 1990-Change in contract to include a Go-Kart facility and reduce the number of golf holes to 45. Term of contract was for ten years. (Resolution # 67) Deduction for insurance was included in contract. 1990-Sign agreement for lease of entry sign (Resolution# 95). 1992-Amend existing agreement regarding fees. (Resolution # 49) 1994-Purchase of clubhouse building and lease of building to Pro Putt, Inc. (Ordinance # 30) 1995-Amend existing agreement to set fees, including Drag strip and extending contract to the year (Resolution # 40) RECOMMENDED ACTION Recommendation from the Parks and Recreation Department to adopt a bill for an ordinance amending the current agreement with Pro Putt, Inc. The amendment would allow for Pro Putt, Inc. to deduct insurance costs (not to exceed $2,000 annually) for Go-Karts and Dragsters from monthly fee payments due to the City of Englewood. Staff recommends that this be effective beginning January 1, 1998. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Pro Putt , Inc . began a miniature golf operation in 1988. The City of Englewood leases the property to Pro Putt , Inc . and Pro Putt, Inc . pays a percentage of the gross sales to the City of Englewood. In 1990 Pro Putt , Inc. was allowed to deduct the insurance cost from its monthly fee payments due to the City of Englewood . However, in 1995 when the contract was again amended the insurance deduction was inadvertently omitted from the contract . FINANCIAL IMPACT Since 1990, the revenue history includes the insurance deductions . Therefore , future revenues will include the insurance deduction ($2,000 maximum). •. .. •· • 0 ]- . . History of revenues received from Pro Putt, Inc.: 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 UST OF ATTACHMENTS Proposed Ordinance Pro Putt, Inc. Contract $4,403 $15,205 $13,151 $34,329 $20,532 $13,387 $14,616 $14,688 $16,422 $14,900 • • • Recommendation from Parks & Recreation Commission ;- 'I • . t• -----~-~~---- .. • • 0 - ]- . , • y • . • . ' .. MEMORANDUM TO : FROM : DATE : RE : Englewood City Council Gary Sears, City Manager Parks and Recreation Commission l,) Debby Severa, Recording Secretary L.,. September 11, 1998 Recommendation to City Council regarding Riverside Contract ~- • At the Seprember Parks and Recreation Commission meeting, Commission members discussed the Riverside Miniature Golf and GoKart contract. After a brief discussion, a motion wu made by Commission member Armstrong and seconded by Commission member Neyer to accept the proposed amendment to the Riverside Agreement. The change would allow the owner of Riverside to deduct the cost of insurance of $2,000 maximum per year from the net income. The motion passed unanimously. cc : Jerrell Black, Director of Parts and Recreation Bob Spada. Golf Coune Manager Parks and Recreation Commission members recriverside I ' .. • • 0 .. , ,,_,, I - - ORDINANCE NO._ SERIES OF 1998 • • • ,, BY AUTHORITY A BILL FOR AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE PRO::PUTT 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 . 1, 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 coat of insurance for Go Kart rentals from its monthly fee payment to the City; and WHEREAS, in 1994 the City Council authorized a leue of the Clubhowie 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 Drac Strip at which time the contract was amended and the insurance deduction was inadvertently omitted; and WHEREAS, by the passage of thia Ordinance the Agreement will be amended allowing the deduction for the insurance co1t &om crou ule1; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section 1. The City Council of the City of Enclewood, Colorado hereby authorizea an amendment to the • Agreement For Operation Of Miniature Golf Course And Go Kart Track -1995" under Section 4-C, amendinc the Agreement allowinc the deduction of liability imurance cost for Go-Kart and Drapter conceuiona &om itl monthly fee payment to the City, a copy i1 attached hereto as "Exhibit A." Section 2. The Mayor and the City Clerk are hereby authorized to aicn and atteat s aid Agreement on behalf of the City of Enclewood . Introduced, read in full, and passed on fint readinc on the 2lat clay of September, 1998 . -1 - "' - .. •· • 0 I ,' • ,.. • • <. Published as a Bill for an Ordinance on the 25st day of September, 1998. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, Ci Clerk I , Loucrishia A Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and pused on first readinc on the 21 • day of September, 1998. Loucrishia A. Ellis -2- ,, - .. • • 0 l • 0 • AGREEMENT FOR OPERATION OF MINIATURE GOLF COURSE AND GO KART TRACK · 1995 THIS AGREEMENT is a contract that is binding upon the parties, who are the CITY OF ENGLEWOOD [hereinafter "City") and PRO:: PUTT SYSTEMS, INC. [hereinafter "Operator"). IT IS THE INTENTION of the parties that there be a twenty-seven (27) hole miniature golf course and Go Kart facility to be constructed and operated in a beneficial and aesthetically compatible manner upon a portion of the premises of the existing Englewood Municipal Golf Course . NOW , THEREFORE , in consideration of the covenants and agreements herein contained and of the fees and monies hereinafter set forth, the parties mutually agree and contract as follows: 1. Rjght to Occupy and Operate The City hereby grants the exclusive right, license , and privilege to Operator to construct, operate, maintain and provide amenities for a twenty-seven (27) hole miniature golf course , Go Kart facility, miniature drag strip, boat nde facility, bike and trail rental facility and clubhouse upon a parcel of land described m Exhibit A attached hereto, and which is presently a part of the existing EnaJewood Municipal Golf Course . The Clubhouse and eighteen (18) holes shall be wheelchair acceaaible . Such construction, operation, maintenance and provision of amenitiea ahall hereinafter be referred to as "Concession." The City shall at all times retain and maintain its ownerahip of the real property ao occupied . No other activity may be conducted pursuant to this Agreement without the written consent of the City Manager. 2 . Concession Subject to Approval The Conce88ion and ita operation, including conatruc:uon, deaign, aignage, maintenance, and provision of amenities, H well H all activitiea aet forth in the following paragraph, shall be subject to the approval of the City, through ita designated representative , which approval may be granted or withheld in the City'• aole discretion for any reaaon when acting in good faith . The City muat act promptly in deciding to grant or withhold its approval for any action of the Operator affectinc the Conceaaion . The Operator muat promptly provide the City with any and all detaila of, or c:hanpa in, or malr.e avatlable upon reque1t to the City any and all detaila of. or c:haDCN in, the followmc : Go Kart equipment. conatruction deaign. location, landKapiq, IChedulins, matenall, 1tandard1. contractors, 1ubcontractor1, workinf permaml, name, operational dea1gn , layout, locauon, land8capinc , houn and daya of operation, •. .. •· • 0 , - ,I • • • materials, standards, signage, employees, employee dress, food and drink, sale goods, concession items, all business accounts and books, receipt totals, 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 conceBBion . If at any time, come or any portion of the construction or design of the concession or its operation is unsatiafactory to the City in its sole discretion, then the City may order and require that such concession and/or operation be altered and changed forthwith in a fashion determined by the City in its sole satisfaction and at the Operator's sole expense. 3. firm. 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 ahall 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 . fig. The operator shall compensate the City by monthly payments for the following items: A. Miniature Golf -beginning January 1, 1995 -10% of the gross income &om the gross gate fee or of any other fee for admission for the miniature golf conceBBion . Beginning January 1, 1996 -11 % of the gross income &om the gross gate fee or of any other fee for admission for the miniature golf concession. Beginning January 1, 1997 -12% of the gross income &om the gross gate fee or of any other fee for admission for the miniature golf conceuion. Beginninc January 1, 1998 -13% of the gross income &om the gross gate fee or of any other fee for admission for the miniature golf conceBBion . Beginning January 1, 1999 -14% of the gross income &om the gross gate fee or of any other fee for admission for the miniature golf conceBBion . Beginninc January 1. 2000 -15% of the gross income &om the gross gate fee or of any other fee for admasion for the miniature golf conceBSion . -2- . - t ' 'I ' ' . .. ./ •· • 0 I ~,, I - • • • t• • B . Go-, Jr. Dragster and Boat Rental -beginning January 1, 1995 -10% of the gross income from the gross gate fee or of any other fee for admission for the Go-Kart, Jr. Dragster and Boat Rental concession. Beginning January l , 1996 -11 % of the gross income from the gross gate fee or of any other fee for admission for the Go-Kart, Jr. Dragster and Boat Rental concession. Beginning January 1, 1997 -12% of the grof's income from the gross gate fee or of any other fee for admission for the Go-Kart, Jr. Dragster and Boat Rental concession. Beginning January 1, 1998 -13% of the groBB income from the gross gate fee or of any other fee for admission for the Go-Kart, Jr. Dragster and Boat Rental concesaion. Beginning January 1, 1999 -14% of the groBB income from the gross gate fee or of any other fee for admiBBion for the Go-Kart, Jr. Dragster and Boat Rental concession. Beginning January 1. 2000 -15% of the groBB income from the gross gate fee or of any other fee for admission for the Go-Kart, Jr. Dragster and Boat Rental concession. "' - C. PRO:: PUTT SYSTEMS, INC. will be allowed to deduct the liability insurance coat (not to exceed $2,000 annually) for Go-Kart and Dragster conceBBions from its monthly fee payments to the City of Englewood . D . Mountain Bikf, and other Trail Rental -15% of the gross income for the term of the Agreement. E . Food and drink sales 10% of the gross income for the term of the Agreement. All fees shall 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 conceBBion is operated. Failure to make timely payments as required shall cauae a finance charge 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. Any such failure to make payment shall be conaidered a material breach of thia Agreement. 5. fa.rlwi.& . Parking shall include thoae existing parking spaces preeently available to tbe Englewood Municipal GolfCouree. 6 . Citv Part;icination . In addition to those matters set forth elaewbere herein, tbe City shall alao pay tbe charge for tbe water tap and the eewer tap. The water tap and eewer tap shall at all times be the property of the City of Englewood, The City shall pay for the imtallation of a fire hydrant within one hundred (100) feet of the clubbouae. The City shall pay for the installation of the water and eewer lines. The Operator shall be reapoaaible for all aervice charges on water and aewer aervice . -3- • . .. •· • 0 I - ]- • • • '· 7. Utilities and Security . The Operator shall be responsible for installation, provision and payment for all utilities (except water and sewer to the extent they are considered and construed to be utilities as set forth previously herein). Security shall be the responsibility of the Operator, who shall ensure that the public, and any trespasser(s), shall not occupy and WM! the concession and its premises when it is not open for business. 8 . Personnel and Maintenance. The Operator shall be responsible for providing any and all personnel for operation of the concesaion, and for proper maintenance thereof, subject to the City's approval as set forth above. The Operator shall be reasonable for maintaining that area two feet (2 ') outaide penmeter fence to the sole satisfaction of the City . The City shall be responsible for maintenance of remaining City property. including easements. 9 . Safety o(the Puhhc The Operator shall operate the concession so as to keep the public and its WM!rs eafe from reasonably foreseeable harm . Any and all injuries or damage to the public shall be reported to the City within one hour thereof, or if same should occur after City hours or on weekends, then by 8 :30 a.m . the next working day. 10. Obedicnc:e to All J••• and Payment of all Charge• Operator shall obey and immediately comply with any and all applicable local, state and federal requirements, ordinances, regulations, rules, laws and 1tatute1. Operator shall aha comply with all ordinances, resolutions and rules of the City of Eqlewood. Operator shall pay all taxes, fees and charges imposed by others on it's concession operation. 11 . PerfQTIPenrr Band The Operator shall furnish to the City a performance bond in the amount of Ten Thouaand Dollars ($10,000) guaranteei.,g faithful performance and payment of all terms. covenants, and conditions herein, as well as compliance with any and all applicable local, state and federal requirements , regulationa, rules, laws and statutel • as well as in the event of conatruction of .mprovementa . • -4- -~-· ' < ... • • 0 I I ]- • • • ,~ -' 12 . Indemnjficatjon and Insurance Before any construction or any activity related to construction shall commence, the amount of which will exceed Ten Thousand Dollars ($10,000) in whole or in part, or any activity related to construction, the Operator shall provtde a payment and performance bond to insure payment of all obligations incurred as a result of said construction or activity. The performance bond shall be in a form approved by the City. The Operator shall before any construction begins procure and maintain in full force and effect at it's sole expense a public liability insurance policy naming the City as an additional named insured . This policy shall remain in full force and effect continuously during this and any successive term ofthis Agreement, and it shall include comprehensive liability coverage as follows: Sl.000,000 for injury or death of any one or more persons: SI million for injury or death occurring as a result of any one accident; Sl ,000,000 for property damage ; $1 ,000,000 for product liability. A certificate evidencing said insurance policy shall be kept on file at all times with the City and it shall contain a provision that it may not be altered, amended or canceled without first giving written notice to the City thirty (30) or more days prior thereto. Such policy or policies shall contain no right of subrogation against the City . The Operator hereby indemnifies the City from any and all claims againat it arising from any activities pursuant to this Agreement. The City owns and operates a municipal golf course nearby and each party is responsible for it& own operations. The Operator agrees to carry adequate lost business, general buaineas, fire, theft, personal injury and property damage insurance covering all aapecta of the conceaaion operation in an amount and with a company to be approved by the City Director of Financial Services. All policy or polices shall contain no right of subrogation againat the City. 13 . Inspection of Premi1cs . The City shall have the nght to examine and inspect the prem111ea, including, on reasonable notice . private office areas . 14 . No Aseirnment or SublcttJ.nc The Operator, may not aell , aaa1cn . mortcace. sublet or otherwiae convey, releaae or pass on any part of its antere1t an the conceaa1on without the prior permiu10n of the City , wtuch has a ncht of first refusal H set forth below . The Operator , may not 1ufl'er or cauae a lien to be filed acamat the conce1s1on or any part thereof. The Operator shall be re1pona1ble and liable to the City for any and all fee, and payments to the City , H well H any and all other term• and conditwna of tlua Acreement. Such au1cnment to the Bank/SBA ia concbuoned upon the City havinc a npt offint refuaal to approve aucceaaor Operator appointed by the Bank/SBA. If the City refuan a propoeed 1ucce1aor operator other than for cause, City will cash out the loan. -S- • ,- • . .. •· • 0 , - ,-• • • • 15. Material Breach The parties agree that the happening of any of the following events shall constitute a material breach ofthis 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 Paragraphs 4 or 5, whichever is applicable, within thirty (30) days of date when they are due. c. Operator shall deny the City the right to inspect the concession st reasonable times upon notice. d . Any assignment or transfer of any interest of Operator without the City's approval . e. Operator shall be bankrupt ss 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 as provided herein. 16. Rjght of fimt Refusal. In the event that the City gives its permission to the Operator to sell 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 concession . 17. Effect of Ienninetioo bx Citv . Upon termination of this Agreement by the City upon a material breach, the City shall have the option for thirty (30) days followmg such termination to purchaae Operator'• leasehold improvements, fixtures. signs , equipment and other property for a ,wn equal to the fair market value less all monies due to the City under this Agreement. Fair market value shall be determined by two apprailen, one appraiaer selected by the City and one apprailer selected by the Operator. If these two appraiaen Cail to agree on fair market value, then the two appraisers s hall select a third appraiaer who determine fair market value of the property . If the City refuse• to purchase the improvements then the Operator shall have thirty (30) day, to remove the fixture, and equipment. The City may withhold 1ufficient fixture, and property in order to pay all monie, due to the City under this Acreement. Any awn to be paid 1hall be offset by any payment to thud partiea. -6- • ,, • • 0 :''""' , • • ·, • ----~------~------------~-~ - 18. Trade Name The trade name of RIVERSIDE MINIATURE GOLF CLUB shall remain at all times the property of Operator· unless purchased by City. 19 . Termination by Operator This Agreement may be terminated by Operator upon sixty (60) days' written notice to the City. Operator shall, at it's option, have the right to remove all buildings, furniture, fixtures, signs, equipment and other property and leasehold improvements within thirty (30) days of notice of termination delivered to the City other than those improvements supplied by City, which are water and sewer tap and fire hydrant. 20. Delina Uoon Icrn,inetion. Subject to the terms of this Agreement, Operator ahall deliver the c:onceaaion and premilles to the City at termination of this Agreement in as good condition and state of repair as when received, except for ordinary wear and tear or loes or damage caused by act of God . 21. Fgrpe Majuerc . Performance of this Agreement shall be excused if rendered imposaible by act of God . 22 . Attprpcy f'cea Any breach or failure to pay any fee required hereby ahall entitle the IWXlt!uful party, who was required to collect a fee sum or charce or enforce this Ap-eement, reasonable attorneys fees and costs of collection. SO AGREED. CITY OF ENGLEWOOD By: _____________ _ Thomas J . Burns, Mayor Date : _______ _ PRO:: PUTI', INC . By : __________ _ Scott L. Simpson, President Date : -7- ATl'EST: Louaubia A. Ellia, City Clerk By : ________ _ Debra L. Sim.,_a Sec:re&u7fl'reaawv "' - •, .. • • 0 , .. I • - 0 I • • J/1-i • ' ' . . . I. . 0 , • • - .. COUNCIL COMMUNICATION Date Agenda Item Subject Gesin Settlement - September 21 , 1998 11 a ii 3605 S. Bannock Street Initiated By Utilities Department I Staff Source Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council authorized the City Attorney to represent City Council in the lawsuit filed by Lera Gesin. RECOMMENDED ACTION Council approval of the Quit Claim Deed, License Agreement and Mutual Release and Settlement Agreement from Lera Gesin. BACKGROUND, ANALYSIS, AND ALTERNATlVES IDENTIFIED Mrs. Gesin originally filed for a building permit approximately one year ago to build an addition onto her house at 3605 S. Bannock St. The addition would have encroached into Englewood's City Ditch right- of-way. The northwest comer of her house encroaches four square feet into the City Ditch right-of- way. The City denied her request whereupon she filed suit against the City to allow the proposed addition. The suit was mediated at Arapahoe County District Court and the above listed documents are the result of the mediation. Englewood is proposing to quit claim Mrs. Gesin four square feet of City Ditch right-of-way to allow room for improvements to her existing residence. No further expansion will be allowed. The License Agreement will allow her to use and maintain the City Ditch right-of-way as part of her back yard, but no permanent improvements may be constructed in this area. The Mutual Release and Settlement Agreement is the final settlement that was agreed to by all parties . FINANCIAL IMPACT None. UST OF ATTACHMENTS Ordinance Quit Claim Deed , License Agreement and Mutual Release and Settlement. • . .. • • 0 I ORDINANCE NO ._ SERIES OF 1998 •, • • • ,, BY AUTHORITY A BILL FOR t• COUNCIL BILL NO. 60 INTRODUC~BYD!CIL MEMBER,,~ (J AN ORDINANCE APPROVING A SETTLEMENT OF AND AUTHORIZING THE SIGNING OF DOCUMENTS FOR THE SETTLEMENT OF GESIN VS CITY OF ENGLEWOOD ET AL .. WHEREAS, the owner of the property located at 3606 South Bannock Street, Englewood applied for a building permit to enlarge or remodel the structure; and WHEREAS, in the course of review it was found that the existing residence encroached a total of four square feet (4') into the City of Englewood's Right-Of-Way for the City Ditch and any increase in the size of the structure would further encroach into the Right-Of-Way ; and WHEREAS, the owner sued the City in a quiet title action concerning the property saying the property was hers and the City was exercising control without due process of law and the City counterclaimed for a determination of exact boundaries among other claims; and WHEREAS, the parties have reached a settlement in the lawsuit in which the City Quit Claims four square feet (4') under the current structure which allows the owner to maintain the current residence ; and WHEREAS , the City also gives the owner a standard City Ditch Licenae to u.ee another 1,617 square feet of the Right-Of-Way as lawn only; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: $ectjon 1. Pursuant to the Settlement Agreement the Englewood City Council hereby approves the following documents: Licenae Agreement -attached hereto as Exhibit A ; Quit Claim Deed -attached hereto as Exhibit B; and Mutual Release and Settlement Agreement -attached hereto u Exhibit C . $ectjon 2 . The Mayor ia authoriz.ed to execute and the City Clerk to att.eat and seal the Quit Claim Deed and the Mutual Release and Settlement Agreement for and on behalf of the City of Englewood , Colorado. Section 3. . The Director of Utilities and the Chairman of the Enclewood Water and Sewer Board are authorized to execute the License Acreement for and on behalf of the City of En1lewood, Colorado . -1- .. • • 0 l ]- - '' • • • .. Introduced, read in full, and passed on first reading on the 21st day of September, 1998. Published as a Bill for an Ordinance on the 25th day of September, 1998 . Thomas J . Burns, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and paaaed on first readinc on the 21st day of September, 1998. Loucriabia A. Ellis -2- • . • • 0 ]- • • • LICENSE AGREEMENT THIS LICENSE AGREEMENT, made and enrered imo as of the day of September, 1998, by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, hereinafter referred to as "City" and Tera ·, Gesin a/k/a Tera M Paynter 3605 south Bannock Street, Englewood, Colorado 80110 hereinafter referred to as "Licensee,• WITNESSETH : The City without any warranty of its title or interest whatsoever, bcrcby grams the following license to Licensee for the following: A parcel of lalld beiq a part of die wad Imo-u City Dia:h. loc:llled ill a ponioa of die Normeast Quarter of die Nonbwest Quarter of Seaioa 3. Towmbip S Soudl. Rap 61 Wat. of die Sixlh Principal Meridian. City of £nalewood, Coumy of Anpaboc. Sim of Colorado. beilll more panicu.larly descnbed u follows : Be1innin1 at die Nonbeast comer of ux 14, Block 3 of die EnsJewood Heipa Subdmlioa. said poiDl allo bein& a point on the Soudlcast line of said City Dia:h; I. Thence Soudl 46o00'00" Wea. aloll aid Soadaeul line, a dilasc of 111.12 feet; 2. Tbeace Soudl SSo 30'00" Wat. =---s alaal llid Sombeall liDc, a dimDcc of S3 .'9 Ceel. IO a poiac on die North-st line of ux 12. Block 3 of aid &pwood Heipa Subdivisioll; 3 . Tbeace Nonb 01011·35· Wea, leaYiac llid Soulbeal line of die City Dirdl aad llid Nonilwat line of said Lot 12 , a diswice of 10 .69 feet . ID die illleneaioa of l'em:es; 4 . Theace Nonil soo13·39• Eaa, UOIII a l'encc line, a dimDcc of91.11 feet ; 5 . Theace North 48°16'45" Eut. COIIDIIIWII aloa& said !ence line, a dimDcc of 19 .99 l'ect: 6 . Theace North S0005'48" Eut. comimiDa aloa& said !ence line. a dimDcc of 49 .'4 C.t; 7 . Theace Soutb 11026·22· Eut. a clisllDl:e of 6 .61 l'eet. m die poiar of Bqimliac. coacaiaina 1,617 square feet , more or leu. The buis of beariqs wu for-1 '*-a 2 piD aad c:ap1 oa die Soudllul 11111 of llid Cl&J Dia:la. beiq Soudl 46oOO 'OO· West. i ' • I T A .. • • • 0 I ] • • ,- 0 t• • 1. Licensee is granted an exclusive license to the Licensed Property subject to the provisions of this Agreement. In addition, Licensee is gramed the following specific rights subject to all provisions contained in this Agreement; to wit: a. The existing Residential Structure and/or its foundation located on lots 13 and 14, Block 3, Englewood, Colorado, (the "Residential Scrucrure") will not be removed by the City. b·. The right to maintain and repair the existing Residential Structure and/or its foundation, within the boundaries of Lots 13 and 14, Block 3, as they are defined and described in the surveyor's plat attached hereto as Exhibit A. It is understood and agreed that no pan of the Residential Structure is located on the Licensed Property . c . The right to receive a variance from the City for a set back, the purpose of which is to place additional foundation to the existing scrucrure . d . The right to any use of the Residential Structure, Lots 13 and 14 and Licensed Property as specifically pennitted under current R-3 zoning . 2 . In granting this License, the City reserves the right to make full use of the Licensed Property as may be necessary or convenient in the operation of the City and the City retains all right to operate, maintain, install, repair, remove or relocate any of its facilities located within the Licensed Property. at any time, and in such a manner as it deems necessary or convenient. In the event Liceosee makes suucrural improvements on the Licensed Property and such strUCtUral improvements should interfere with the City's use or operation of the Llcemed Property . at any time hereafter, Licensee shall. upon request by the City at Licensee's sole expense, immediately relocate, rearrange or remove such structural improvement so as not to interfere with any such City use and to remove the suucrural improvement of Licensee when necessary or convenient for the City . its successors and assigns . 3 . Subject to the provisions contained in paragraphs l and 2, the City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within the Licensed Property at any time and in such manner as the City deems necessary or convenient. The City reserves the exclusive right to control all easements and installations . 4 . The Licensee shall have the right to maintain and improve the Licensed Property including , but not limited to, planting and trimming pus and/or bushes, • • . •· • 0 (,~t • I I 4 , -• • t• · ... • ,C, fertilization and irrigation, and removal of trash and brush. Licensee is not permitted to construct any permanent strueture(s) or encroach upon the Licensed Property in a manner not permitted under this Liceme Agreement. 5 . Access to the parcel by City personnel must be maintained by Licensee for inspection and maintenance. 6. No construction of pennanem sauctures shall be allowed. 7. Upon abandonment of any right or privilege herein granted. the right of Licensee to that extent shall terminate, but its obiigati~n to indemnify and save harmless the City, its officers and employees, shall not terminate in any event. 8. The rights granted Licensee hereunder may not be assigned to subsequent purchasers of Lots 13 and 14, Block 3, Englewood, Colorado, without the written consent of the City; however, consent by the City to assignment of this License may not be unreasonably withheld . 9 . Licensee shall comply with all applicable state or federal laws and ordimnces and all rules, regulations and requiremems of any environmental standards and conditions applicable to the City Ditch or City Right-of-Way. If, as a result of the Licensee's occupancy of the premises and its operation hereunder, any such law. ordinance, rule or rqulation is violated, Licensee shall pnxect, save hannless, defend and iodemoify the City from and apiost any penalties, fines, costs and expenses including legal fees and court costs iocumd by the City. caused by. resulting from or coooeacd with such violation or violatioos, and this License shall tennioare imm,,diacely . This provision shall DOl, however, openr.e to relieve the City of any liability it may have under any stare or federal law for release of any baz.ardous nwerial or waste for which the City may be liable . IN WITNESS WHEREOF. this insClumenl bas been executed as of the day and year first above written. APPROVED : Siewan Fonda APPROVED AS TO FORM CITY OF ENGLEWOOD acting tbroqb and by its Wuer and Sewer Board By : Chairman-.----------- LICENSEE --~ ---' • . .. •· • 0 l -• -• 0 • - QUIT CLAIM DEED THIS DEED made this _ day of September, 1998, between the CITY OF ENGLEWOOD, a municipal corporation, whose address is 3400 South Elati Sttcct, Englewood, Colorado (hereinafter "Grantor") and Lera M. Poynter, whose address is 3605 South Bannock Street, Englewood, Colorado (hereinafter "Grantee"): WITNESS ETH: That the Grantor, for and in consideration for the dismissal of Civil Action No . 97CV3608 styled Lera M. ldsin a/le/a Lera M. Poynter"· City of Engllwood, et al. and Settlement Agreement and Release dated __ day of , 1998, and incorporated by reference herein, the receipt and sufficiency of which is hereby acknowledged, by the presents docs remisc, release, sell, convey, and Quit Claim unto Grantee, her successors and assigns forever all the rights, title, interest, claim and demand which the Grantor has in and to the following described real property, lying and being in the City of Englewood and State of Colorado, described as follows : A parcel of land being a pan of the land known u City Diu:b, located in a portion of die Nonbeut Quarter of tbe Northwest Quarter of Section 3, Township S Soudl, lwlae 68 West, ofdle Sixdl Principal Meridian. Ciiy ofEnaJewood, County of Arapahoe, Stare of Colorado , bein& more particularly described u follows : Commencing at tbe Nordlea.st comer of Lot 14 , Block 3 of the Enslewood Heights Subdivision, said poim abo bein& a point OD the Soulbcul line of said Ciiy Diu:b ; Thence Sowb 46000'00" West, aJona die Soudleast line of said City Diu:h and alona lbe Northwest line of said Lot 14, a diswlce of 61 .40 feet, ro die True Poim of Bcpmina; Thence alon, the following four (4) courses; I .) South 46000'00" West. UOIII die Soudlcast line of said Cil)' Dilch , a distance of 2 .00 feet; 2 .) North 44o00'00" West. lcaviu& last said Soudlcast line, a clituace of 2 .00 feet : 3.) North 46o00 '00" East. aJoac a line parallcl widl said Soulball liDe , a clituace of 2 .00 feet ; 4 .) Soudl 44o00 '00 " East. a dimncc of2.00 feet. ID die True Poim ofBqimlinc. colllliniDa 4 square feet , 1111ft or less . The buis of bearin&s wu formed between 2 pin and caps oa die Soudlcast line of said Cil)' Diich, bcin& South 46000'00" West. The above described parcel is conveyed for purposes of mainuining the foundation to the residential suucturc at 3605 South Bannock Stteet, Englewood, Colorado. If and when the parcel ceases to be used for this purpose it shall immediately reven to the City of Englewood, State of Colorado . TO HA VE AND TO HOLD the same, roactbcr with all and singular the appunenanccs and privileges thereunder belonging or in anywise tbcrcto appertaining, and all the cswc, right, title , interest and claim whatsoever, of the Granror, either in law or equity, to the only proper use , benefit and bcboof of the Granr.ccs, their successors and assigns forever . I! X ... I • I T B ., •· • 0 ' ]- - • • ·, • (. IN WITNESS WHEREOF, the Gramor bas executed this deed oa the dat.e set forth above . TIIE CITY OF ENGLEWOOD Thomas J. Burns, t1ayor ATIEST: Loucrishia A. Ellis, City Clerk STATE OF COLORADO ) ) .. CITY OF ENGLEWOOD ) Acknowledged, subscribed, and sworn to before me this day of-----· 1998, by Thomas J, Burns , u Havor --of the City of Englewood . WITNESS my blDd and official seal. My commission expila: ----------- AFI'ER IECOltDING PLEASE MAIL TO : '1111 Cay al Eapwaod J4CIO Saudi Ellli Saea Eapwaod. ColondD IOI 10.2304 AD: Cay Aaormy 'I • • • 0 f ..,.,,. ~ I • ]- • - EXHIBIT SCALE:: , •• 20' LOT 1' 2 STORY BR ICK tt FRAME HOUSE • UN( l[ARINC DISTANCE L1 s ... w·oo·· • 2.00' L2 N 44"00 00 W 2.00 Ll N 41"0000" E 2.00 L' S 44 "00'00 E 2.00' ROC KY MOUNTAIN CONSULTANTS , INC . uo , ( --· -.•. 001 00 LO T 12 1-w w a: t-a, X CJ i C .. 11mc .. • • 0 -• • .... MUTUAL RELEASE AND SETTLEMENT AGREEMENT This Murual Release and Settlemenl Agreemem made and entered into this ___ day of September, 1998, by and between Lera M. Gcsin a/k/a Lera M . Poynrer (·Plaintiff") and The City of Englewood, (·Defendant The City of Englewoocr). RECITALS A . Plaintiff filed a Complaint against sevenl defendants in the Arapahoe County District Coun, Civil Action No . 97 CV 3608, entitled Lera M . ~sin a/le/a Lera M. Poynter v. City of Englewood, er al. (the ·complaint·). which Complaint arose out of a dispute concerning ownership and title to a parcel of real property located within the City of Englewood, within an area commonly known as the ·Englewood City Ditch" or "Right-of-Way" (hereinafter referred to as the City Right-of-Way). In the ComplaiDI, Plaintiff sought a judicial declaration under C .R . C. P . 105 that Plaintiff was the exclusive owner and exclusive title holder to a specific parcel of property comaiDed within the City Right-of-Way . Defendant The City of Englewood filed certain coumerclaims for trespaSS and declaratory relief under C .R.C.P . 57 as pan of this civil action. B. Upon the terms and conditions set forth below, the parties desire to enter into this Murual Release and Settlemem Agreemem in order to discbaIJc all claims of Plaintiff which arc , or might have been, the subject matter of the Complaint, and all claims of Defendant The City of Enalewood, which arc the subject matter of the Counterclaims contained in the above descnbed Civil Action. A<iBEEMENI The parties agree as follows : 1. 0 Release and Discharse 1 .1 In consideration of the execution for a License A,reemem and Quit Claim Deed as set forth in Section 2 . Pwmiff hereby completely releases and forever discharges Defendants from any and all put, presem or future claims , demands, obligations , actions, causes of action. ripls , damqes , costs, losses of services, expenses and compensation of any DIDIR wbaaoever, wbedler bacd on a tort , conrract or other theory of recovery . which die Plaintiff now bas , or which may hereafter accrue or otherwise be acquired , on accoum of, or may in my way grow our of, or which are , or which could be , die IUbject of die Complaial (and all related pleadings). II! )t .. I e I ., C " •· • , -• • I • - •. 1 .2 This release and discharge shall also apply to Defendants' past. present and fururc officers, directors, council persons, attorneys, agcms, scrvams. representatives, employees, subsidiaries, affiliares, predecessors and successors in interest, and ass~ and all other persons, firms or corporations with whom any of the former have been, arc now, or may hereafter be affiliared. 1. 3 The Plaintiff acknowledges and agrees that the release and discharge set forth above is a general release . Plaintiff cxpn:ssly waives and assumes the risk of any and all claims which exist as of this dale, but of which the Plaintiff docs not know or suspect to exist, wbemer lhrough ignorance, oversight, error, negligence, or otherwise, and which, if mown, would materially affect Plaintiff's decision to enter into this Mutual Release and Sealemem Agreement. 1. 4 It is understood and agreed to by Plaintiff that this settlement is a compromise of a disputed claim. 1.5 This release shall be a fully binding and complete settlement among the Plaintiff and Defendant, and its heirs, assigns, and successors, forever . 2 . 0 Consideration 2. 1 In exchange for consideration descnped herein, Defrniam Citv of Englewood agrees to the following : a. Contemporaneously with the execution of this Mutual Release and Scttlcment Agreement, Plaintiff and Defendant The City of Englewood, have executed a Llc:ense Agrccmem providing that Plaintiff shall have the exclusive use of a parcel of the City Right-of-Way property adjaccm to her property, and in accord with the terms of the License Agreement. The licensed property is described and set forth in the Llc:ense Agreement attached to this Release as "Exhibit A· and is incorporared by refcrcncc as if fully set forth herein. b . Comemporaoeously with the execution of this Mutual Release and Sealemem Agreement, Defendant The City of EnaJewood shall exccure a Quit Claim Deed ,ranting ownership of a parcel of real property ID Plaintiff for the purposes of reinforciac existing foundation to the currcm residential structure . A copy of the Quit Claim Deed is amcbcd hereto as Exhibit ·a· and is incorporated by refcrcnce as if fully set forth herein. c . Dismissal with prejudice of all coumerclaims or causes of action which could have been pleaded against Plaintiff, in a lawsuit now filed in the Arapaboc County District Coun for the District of Colorado, under Case No . 97 CV 3608 entitled ura M. ~sbt allc/a ura M. Poynur ,. CilJ of Enrllwood, It al. 2 •. .. .i •· • 0 ' -..... t, , - • • • ,. - - 2 .2 In exchange for consideration described herein, Plaintiff agrees to the followjng : a . Dismissal with prejudice of all claims and causes of actions which could have been pleaded against the City, in a lawsuit now filed in the Arapahoe County District Court for the District of Colorado, under Case No . 97 CV 3608 emitlcd Lua M. Gain alt/a Lua M. Poynur v. City of Englewood, tt al. 3 .0 Attorney's Fees Each party hereto shall bear all attorney's fees and costs arising from the actions of its own counsel in connection with the Complaint, this MutUai Release and Settlement Agreement and the matters and documents referred to herein, the filing of a Stipulated Motion of Dismissal of the Complaint, and all related matters. 4 .0 Delivery of Dismissal Without Prejudice Concurrently with the execution of this MutUai Release and Settlement Agreement, Plaintiff shall deliver to counsel for the Defendant an executed Stipulated Motion for Dismissal With Prejudice of the Complaint. Plaintiff hereby authorizes counsel for the Defendant to file said Motion with the Coun and enter it as a matter of record. 5 . 0 Representation of Comprebeasion of Document In entering into this Murual Release and Settlemem Agreement, Plaintiff and Defendant represent that each of them bas relied upon the advice of individuals and/or attorneys, who are individuals of their own choice, concerning the legal consequences of this Mutual Release and Settlement Agreement; that the tcrtns of this Mutual Release and Settlement Agrccmem have been completely read by Plaintiff and Defendant; and dm the renns of this Mutual Release and Settlement Agreement are fully understood and vohmwily acceprcd by Plaintiff and Defendant . 6. 0 GoverniJll Law This Murual Release and Settlement Agreement sball be construed and interpreted in accordance with the laws of the State of Colorado . 7 . 0 Entire Ap-eement and Successors in Interest This Murual Release and Settlement Agrcemem conrains the emirc qreemem between the Plaintiff and the Defendant with regard to the maaers set forth in il and shall be bindq upon and enure to the benefit of the executors , administtalors , personal .epresematives , heirs , successors and assigns of each . 3 • .. ... •· • e , - • • • ,, - • ·--• '· 8.0 Effectiveness This Mutual Release and Settlement Agn:emcm shall become effective irnrnediately following execution by Plaintiff and Defendant, tbe City of Englewood. STATE OF COLORADO COUNTY OF ARAPAHOE Lera M . Gesin, Plaintiff By: ) ) ss. ) Subscribed and sworn to before me on this __ day of September, 1998. by WITNESS my band and official seal . My Commission expires: ------- STA TE OF COLORAOO COUNTY OF ARAPAHOE Notary Public Lera M . Poynrer, Plaintiff Lera M. Poymr ) ) ss. ) Subscribed and sworn to before me on d1is __ day of Sepcernber, 1998 , by WITNESS my baud and official al. My Commission expires: ------- Nam, Public -----' • .. • • 0 l .I -• ~ • " • .. The City of Eqlewood, Defendant By: _________ _ STATE OF COLORADO COUNTY OF ARAPAHOE ) ) ss. ) Thomas J. Burns, Mayor Subscribed and sworn ro befole me on Ibis __ day of Scplanber, 1998, by Thomas J. Burns as Mayor. WITNESS my band and official seal. My Commission expires: -------- Norary Public "' . • . < .. • • 0 t --I - ]-- RESOLUTION NO . fi_ SERIES OF 1998 • • • A RESOLUTION FOR THE APPROPRIATION AND TRANSFER OF FUNDS FROM THE 1998 BUDGET TO 1'15PAVING DISTRICT NO . 38 . WHEREAS, the City Council of the City of Englewood, Colorado approved the City of Englewood's 1998 Budget on October 20, 1997 ; and WHEREAS, the Englewood City Council amended Paving District No . 38 with the pauage of Ordinance No . 54, Series of 1998; and WHEREAS, the Englewood City Council bas made the construction, maintenance and improvement of the City of Englewood's roads and sidewalks a priority; and WHEREAS, the paBSage of this Resolution will appropriate the funds needed for Paving District No . 38; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: $ectjgn 1. The City of Englewood 1998 Budget is hereby amended as follows : PUBLIC IMPROVEMENT FUND: So\llW of Fuwte: Unreaerved/Undeaignated Fund Balance $210,000 Uee, ofFvnda · City of Englewood's Portion of Pavinc District No. 38 $210,000 $ectjgn 2. The City Manager and the Director of Financial Servic:ea are hereby authorized to make the above changes to the 1998 Budget of the City of Enclewood . ADOPTED AND APPROVED this 21st of September, 1998. ATTEST: Thomas J . Buma, Mayor Loucrishia A . Ellia, City Clerk I , Loucrisbia A. Ellia, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Reeolution No .~ Series of 1998. Loucriabia A. Ellis ,- - .. I· • 0 , I - • • • • <. COUNCIL COMMUNICATION Date Agendallam Wllect Supplemental appropriation for the Public Improvement Fund (PIF) for higher than anticipated September 21, 1998 11 Ci costs for Paving District No. 38 Initiated By Department of Financial Services I Staff Solne Frank Gryglewicz, Director of Financial Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has made the construction, maintenance, and improvement of the City of Englewood's roads and sidewalks a priority. City Council has leveraged its resources with its citizens to improve the City's infrastructure. This supplemental appropriation helps achieve this goal. City Council is scheduled to approve, by motion, the award of contract to Concrete Works of Colorado, Inc. RECOMMENDED ACTION Staff recommends City Council approve the attached resolution appropriating PIF funds for the City of Englewood's portion of this project. The sources and uses of funds are: SOURCE OF FUNDS: Public lmprowlt Fund: Unreserved/Undesignated Fund Balance $210,000 USE OF FUNDS: City of Englewood's Portion of Paving District 38 $210,000 FINANCIAL •PACT This supplemental appropriation will reduce the Public Improvement Fund's un~undesignated fund balance by $210,000 . LIST OF AlTACHIIENTS Proposed Resolution • • 0 I • 0 • • COUNCIL COMMUNICATION Date Agenda Item Subject September 21 • 1998 11 C ii Paving District No . 38 Initiated By Department of Public Works I Staff Source Char1es Ester1y , Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved Resolution No . 40 on March 17, 1997, declaring the City's intent to form Paving District No. 38 , Ordinance No. 34 , 1997, creating Paving District No. 38, and Ordinance No. 54, 1998, re-creating and re-establishing Paving District No. 38. RECOMMENDED ACTION Staff seeks Council approval by motion to award a contract to Concrete Works of Colorado, Inc. for construction of Paving District No. 38 in the amount of $1,100,644.00. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Construction cost estimates for Paving District No. 38 were prepared by staff in February, 1997, and included in Resolution No. 40, March 17, 1997 declaring the City's intent to form Paving District No. 38. Recent bids for the construction of Paving District No . 38, opened June 18, 1998, reflected highly inflated costs in the construction industry, driven by labor shortages and cement shortages, that caused concrete unit prices to increase approximately 50% over the past 18 months. These increased costs will cause many property owners in Paving District No. 38 to receive assessments far exceeding estimates published during the 1997 formation of Paving District No . 38. Staff believed that it was necessary to amend Ordinance No . 34, 1997 that created Paving District No . 38 in order to address the actual costs associated with the construction of Paving District No. 38. Council approved the ordinance amending, re-creating and re-establishing Paving District No . 38 on first reading July 20, 1998. A Public Hearing on the ordinance was held on Monday, August 17, 1998. To facilitate beginning construction of this project during 1998, and consequently taking advantage of the bid process for this project from June, 1998, Council varied from its normal procedure and approved the ordinance on final reading at the August 17, 1998 Council meeting , making this ordinance in full force and effect at 12:01 a .m . September 20, 1998. This variance allows for award of a construction contract at the September 20, 1998 meeting and precipitates six to eight weeks of productive construction on the project in 1998. The balance of work will be completed in the Spring of 1999. •. ., I· • 0 , ]- - • .. • •, • <, The low bidder, Concrete Works of Colorado, Inc., agreed to the proposed schedule listed below. Fall of 1998, weather permitting: On From W . Prentice Ave . W . Thomas Ave. s. Beverly Dr. S. Garden St. W. Jefferson Ave. S . Windermere St. S. Winderment St. W . Tufts Ave . W. Thomas Ave . S. Cherokee St. To S. Hicko,y Lane s. Garden St. W . Thomas Ave. Cul-de-sac 220 ft. Alley east of Cherokee St. Also included in construction for 1998 will be W. Tufts Ave . from S. Windennere to S. Ma~ Dr., completing Paving District No . 35 construction. Completion of this portion of Paving District No. 35 was delayed due to construction of Navajo St. Spring of 1999 On W. Radcliff Ave . W. Stanford Ave. S. Windermere St. S. Emerson St. FINANCIAL •PACT From S. Windermere St. S. Windermere St. W. Quincy Ave. E. Girard Ave. To Cul-de-sac 360 ft. east of Navajo St. Cul-de-sac 330 ft . east of Navajo St. W. Tufts Ave. E. Hampden Ave. Paving District No. 38 is scheduled for conslruCtion during the fal of 1998 and spring of 1999. Funding for the City's portion of the project. in the amount of approunately $730,000 of which currently $520,000 is budgeted in the 1997 and 1998 PIF. The as1111ment laCal wil be approximalely $900,000 which includes legal fees, contingencies, elC., bringing the pro;ect laCal to $1,630,000. Voters approved a sale of bonds in the amount of $970,000 on November 4, 1997. An additional appropriation of $210,000 from the PIF is required to proceed with this proiect. UST OF ATIACHIIENTS Bidders List . ' • • 0 - . ,, • ~- • .. . • ' (' The low bidder, Concrete Works of Colorado, Inc., agreed to the proposed schedule listed below. Fall of 1998, weather permitting: On From W . Prentice Ave. W . Thomas Ave. S . Beverly Dr. S . Garden St. W. Jefferson Ave. S . Windermere St. S . Windermere St. W . Tufts Ave. W . Thomas Ave. S. Cherokee St. To S . Hickory Lane S. Garden St. W. Thomas Ave. Cul-de-sac 220 ft. Alley east of Cherokee St. Also induded in construction for 1998 will be W . Tufts Ave. from S. Windermere to S . Mariposa Dr., completing Paving District No. 35 construction . Completion of this portion of Paving District No. 35 was delayed due to construction of Navajo St. Spring of 1999 On W . Radcliff Ave. W . Stanford Ave. S. Windermere St. S. Emerson St. FINANCIAL IMPACT From S . Windermere St. S. Windermere St. W . Quincy Ave. E. Girard Ave. To Cul-de-sac 360 ft. east of Navajo St. Cul-de-sac 330 ft . east of Navajo St. W. Tufts Ave. E . Hampden Ave. < Paving District No. 38 is scheduled for construction during the fal of 1998 and spring of 1999. Funding for the City's portion of the proiect, in the amount of approximately $730,000 of which currently $520,000 is budgeted in the 1997 and 1998 PIF. The a11111menl total wil be approximately $900,000 which includes legal fees, contingencies, etc., bringing the prqec:t total IIO $1,630,000. Voters approved a sale of bonds in the amount of $970,000 on Nov9fnber 4 , 1997. Ari additional appropriation of $210,000 from the PIF is required to proceed wilh this prqec:t. UST OF ATTACHMENTS Bidders List ' . • ' • " • • 0 l I - C' • • • BIDDERS' LIST Paving District No. 38 CONCRETE WORKS OF COLORADO, INC. BRANNAN SAND & GRAVEL CONSTRUCTION KIEWIT WESTERN CONSTRUCTION . ' • $1 ,100,644.00 .. $1,172,656.60 $1,215,824.00 • • 0 , -:i,, "){ I ]- • TO: FROM: DATE: SUBIECT: • • ·, • <. Mayor Tom Bums .- Sue Bnmhaw, ~t September 16, 1~ 10"' Annual Colorado Housing NOW Conference As requested, listed below are the costs for YoUr attendance at the 10"' Annual Colorado Housing NOW Conference in Snowmass from September 30 to October 2, 1998. Registration Hotel Meals Mileage Total $ .00 92.20 42.00 lm.ao $239.50 If yc,u need additional information, please let me know . Thanks . ' . . . •. 12 a i .. ., • • 0 '32xl - - NAME • • • • •, • <, PUBLIC HEARING ROSTER SEPTEMBER 21, 1118 AGENDA ITEM NO. la PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL TO GATHER QI IZEN NPUT REGARDING: THE QTY OF ENGLEWOOD'S PROPOSED 1111 BUDGET ADDRESS ' ,,_ ' ' . ' . ' .. • • 0 ]- • • .. • PUBLIC COMMENT ROSTER AGENDA ITEll 7 NON-SCHEDULED VISITORS SEPTEMBER 21, 1991 NON-8CHEDULED VIIITORI IIAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS PUBLIC COMMENT ROSTER. STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAIIE CCS1GN1 ADDRESS " - • ' ~ . • • • - 1. 2. 3 . 4. • • • AGENDA FOR THE REGULAR MEETING OF ,. THE ENGLEWOOD CITY COUNCIL MONDAY, SEPTEMBER 21, 1998 7:30P .M. can to order. '/:~ p,m Invocation. ;{)~ Pledge of Allegiance. ~ Rollcatl. '/~ --~!i Minutes. J} I J_ .. \ ~~~;.,.finutes from the Regular City Council meeting of September 8, 1998~ ( ~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) a. 7 . ~~Villlora-(Pl•o:~~ .. njuN-) him ):JiJUL, -~ 1 8,(). Communiclllions.. , Proc:lamallonl. and Appolnbnenla . A prodamdon dec::lar:11g lie WNk al Seplalnbei 20 hough 28, 1998 llllbon Youlh llulclde --HI and .............. 9 . 10. ,_..ROie: ,,_._.. 81 kEIJ: _. .... ...., ....... C ,,..__., .. ca,flle.sallaOOII (lll-112-W}al ................... ., ...... c1,,1----111a1111,-. • • . .. • • C • • - (. Englewood City Council Agenda September 21, 1111 Page2 ii. COUNCIL BILL NO. 58 • Recommendation from the Littleton/Englewood Wastewater Treatment Plant to adopt a bill for an ordinance approving the assignment of a radio tower lease. STAFF SOURCE: Stewart Fonda, Dliwctor of Utllltles. iii. COUNCIL BILL NO. 59 -Recommendation from the Littleton/Englewood Wastewater Treatment Plant to adopt a bill for an ordinance approving the assignment of certain rights under the lease to the lessee . STAFF SOURCE: Dennis Stowe, Manager of the UE Wastewater Treatment Plant. iv. COUNCIL BILL NO. 57 • Recommendation from the City Attorney's Office to adopt a bill for an ordinance amending Title 7-6F (Petty Theft) of the Englewood Municipal Code to be consistent with State Statutes. STAFF SOURCE: Dan n . .J-?: ~ Brotzman, City Attorney. ~~w b . Approval of Ordinances on Second Reading . Jf:i>; "Y (ftJ . 5'f i. Council Bill No. 50, approving a License Agreement with Daniel Brost for /)"O encroachment of a bam in a water main easement right-of-way. a,l.t,() ii . ··" t,I ... ,,,,. Ill . ttti·"' iv. Council Bill No. 51 , approving a License Agreement for a six inch water line at Bates and Emerson . Council Bill No. 52 , approving a City Ditch Easement for the First Church of Christ , Scientist at 3701 So . Logan Street. Council Bill No. 53, approving Southgate Supplement No. 138. c . Resolutions and Motions. ~~ Recommendation from the Department of Public Works to approve, by motion, the purchase of compressed natural gas storage cylinders. Staff recommends awarding the bid to the only bidder, Natural Fuels Corporation, in the amount of $34,859.00. STAFF SOURCE: C..... Ealarty, OINctor of Public Worb. . I J) .. u-,,1 .. tJV"'" II. Recommendation from the Department of Public Works to approve, by motion, the purchase of a replacement heating system for the Servicenter. Staff recommends awarding the bid to J . J . Lay , the only bidder, in the amount of $27,900.00. STAFF SOURCE: ClwlN e.tarty, Director of Public: Worb. 1ot,1 1-0 iii. Recommendation from the Department or Public Works to approve, by motion. the purchase of a street sweeper. Staff recommends awarding the bid to the only technically acceptable bidder, Faris Machinery Company, in the amount of $84,865.00. STAFF SOURCE: Ctwtee e.tarty, OINctor of Public Worb. 11 . Regular Agenda. a . Approval of Ordinances on First Reading. i. COUNCIL BILL NO. 49 • Recommendation from the Depa,tment of Pa,tcs and Recreation to adopt a bill for an ordinance authorizing an amendment ID the Pro Putt Systems, Inc. agreement. STAFF SOURCES: JerNII llack, OINctor of Parb and llecrNllon and Bob Spada, Golt ....... ~ ,, - Plew natl: I you hne a 1 tlltr wl nNd audlary alda or W1flDII, ....... nolllW .. Clly of ...... ood (303-712-2411) al INat 41 IIClln In...,_ a,we.i Nl'vloN .. ......_ Tllalk ,-. .. I • • 0 , -• ,- • • ..,nglewood City Council Agenda s.ptembar 21, 1998 Pagel ' r 12. 13. 14. COUNCIL BILL NO. 60 • Recommendation from the Utilities Department to adopt a bill for an ordinance approving a settlement agreement in the case of Gesin v . City of Englewood, et al. STAFF SOURCE: Stewart Fonda, Director of utilities.~ b . Approval of Ordinances on Second Reading. c . Resolutions and Motions. i. ~-q~ Recommendation from the Department of Financial Services to adopt a resolution approving a supplemental appropriation and transfer of funds for the Public Improvement Fund for higher than anticipated costs for Paving D~ f :....-.. ,,.,, STAFF SOURCE: Frank Gryglewlcz, Director of Financial SeAicN. ~ ,._, ii. Recommendation from the Department of Public Works to approve, by motion, a contract for construction of Paving District No. 38. Staff recommends awarding the bid to the low bidder, Concrete Works of Colorado, Inc., in the amount of $1 ,100,644.00. STAFF SOURCE: Chsles Esterly, DINCtor of Public Worka. tl)ar,~ General Discussion . a . Mayor's Choice . i. Request for Council authorization to attend the Colorado Housing NOW conference from September 30 through October 2. 1998. b . Council Members' Choice. 12. ...... 11f ......... ...,_ $231.50far ..... ............ NOWeanr.--......... 7..0 City Manager's Report. ...... ..,. NalllllllZ lo,___ ...... Pulllic a . Englewood Center Update . "-ingNg8111inglha ...... .....,P\JD . ApprOVN 4-3 (nap: ....,_, ......... w.a,a,.,) 14. .....,..,.w.aa,n.1o.--11101111a11111aa11•1a • -....,,_, .............. ..-. ..... P'*lic s.-a......, ............................ KNl, W1*" City Attomey's Report. .... lllaW....T,... ..... in-.....n.jultllllllar._ __ a . Union Avenue Discussion . ........ ~1 (nay. Clapp) Adjournment. <S :c£fn'Y7 The following minutes were transmitted to City Council between 9/4/98-9/17198 : • Joint Pension Board Special Meeting of May 13, 1998 • Englewood Housing Authority meeting of July 8, 1998 • Englewood Clean , Green and Proud Commission meeting of August 11, 1998 • Englewood Parks and Recreation Commission meeting of August 13, 1998 • Englewood Code Enforcement Advisory CommiltN meeting of August 19, 1998 PINN nole: I you haw a dlaabllly and naad aallary alda or w ........... ~ .. Clly fll lt ... aoud (303-792-2405) al ...... houra In ..... ., ............ naadad. 11-* ,-. • ... •· • 0 , - ., 1 . Call to order. 2. Invocation . 3 . Pledge of Allegiance. 4 . Roll Call . 5 . Minutes . ' • • t• - <, AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, SEPTEMBER 21 , 1998 7 :30P.M . a . Minutes from the Regular City Council meeting of September 8, 1998. 6 . Scheduled Visitors . (Please limit your presentation to ten minutes.) "' - a . Mr. Ronald McDonagh will be in attendance to discuss concerns he has ragarding Code Enforcement. 7 . Non-Scheduled Visitors. (Please limit your presentation to five minutes.) 8 . Communications, Proclamations, and Appoi11lments . a . A proclamation declaring the week of Seplllrmer 20 through 26, 1998 as Yalow Ribbon Youth SUlc:lde Am, 111 and PNu•lllon Week. 9 . Public Hearing. a . A public hearing to gather input on the City of Englewood's propoeed 1999 Budget. 10 . Consent Agenda. a . Approval of Ordinances on First Reading. i. COUNCIL BILL NO. 56 -Recommendation from the Oepar1menl of Safety Sef'vices to adopt a biH for an ordinance approving an lnlerpemmenlal Agreemenl with the Cokndo Depa,1menl of Traiiapol1alion accapllug gram money for a moa cycle program for the Safely Services Polee Division . STAFF SOURCE: Dlulalon Chlaf Tom V•......._ PINN noe.: •you,... a 1 htlly and,...-, alda or ww1a11, ....... ...,. .. CllJol 1!1 ... aood (303-712-2405) at ..... 41 hours In....._ ol wllan _,,... .. ........_ 1-* you. ------' . , • • • 0 l I - - • • - Englewood City Council Agenda September 21 , 1 !MNI Page2 ii. COUNCIL BILL NO. 58 -Recommendation from the Littleton/Englewood Wastewater Treatment Plant to adopt a bill for an ordinance approving the assignment of a radio tower lease. STAFF SOURCE: Stewart Fonda, Director of Utilities. iii. COUNCIL BILL NO. 59 -Recommendation from the Littleton/Englewood Wastewater Treatment Plant to adopt a bill for an ordinance approving the assignment of certain rights under the lease tc the lessee. STAFF SOURCE: Dennis Stowe, Manager of the LIE Wastaw*' TrNbnent Plant- iv. COUNCIL BILL NO. 57 -Recommendation from the City Attorney's Office to adopt a bill for an ordinance amending Title 7-6F (Petty Theft) of the Englewood Municipal Code to be consistent with State Statutes . STAFF SOURCE: Dan Brotzman, City Attorney. b . Approval of Ordinances on Second Reading . i. Council Bill No. 50, approving a License Agreement with Daniel Brost for encroachment of a bam in a water main easement right-of-way . ii. Council Bill No. 51, approving a License Agreement for a six inch water line at Bates and Emerson. iii. Council Bill No. 52, approving a City Ditch Easement for the First Church of Christ, Scientist at 3701 So. Logan Street. iv. Council Bill No. 53, approving Southgate Supplement No. 138. c . Resolutions and Motions. i. Recommendation from the Oepai1ment of Public Works to approve, by motion, the purchase of compraued natural gas storage cylinder&. Staff recommends awarding the bid to the only bidder, Natural Fuels Corporation , in the amount cl $34,859.00. STAFF SOURCE: ChartN Ealarty, DhclDr of Public Wolb. ii . Recommendation from the 0epa,tment of Public WOlb lo approve . by motion , the purchase of a replacemenl heating system for the Sen.ice11ter. Staff recommends awarding the bid to J . J . Lay, the only bidder, in the amount of $27 ,900.00. STAFF SOURCE: ChartN Ealarty, DhclDr of Public Worb. iii . Recommendation from the Department of Public WOlb to approve, by motion , the purchase of a street sweeper. Staff recommends awarding the bid to the only technically acceptable bidder, Faris Machinery Company, in the amount of $84,865 .00. STAFF SOURCE: CharlN Ealarty, Director of Public Worb. 11 . Regular Agenda. a . Approval of Ordinances on First Reading . i. COUNCIL BILL NO . 49 -Rec:ommendation from the Depar1ment of Paitcs and Recreation to adopt a bill for an ordinance aulhofizing an amendment to the Pro Putt Systems, Inc. agrwnenl. STAFF SOURCea: ....... Black, Dnc1or of Pna Md Recraation Md llab lpllda, Goll... I . ,..._nola: ,,......,.. dl11bMyandnaad.-Yallla•wtla11,plawnally .. Cllyoflt ... •ood (303-112·2405)• ...... hour9 In ....... o1 .................... ,....,... • ,. .. • • 0 I 1. Call to order. 2 . Invocation . 3 . Pledge of Allegiance . 4 . Roll Call. 5 . Minutes. • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, SEPTEMBER 21 , 1998 7 :30P.M. a . Minutes from the Regular City Council meeting of September 8 , 1998. 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) a . Mr. Ronald McOonagh will be in attendance to discuss concerns he has regarding Code Enforcement . 7. Non-Scheduled Visitors. (Please limit your presentation to five minutes.) 8 . Communications, Proclamations. and Appointments . a . A proclamation declaring the week of September 20 through 26, 1998 as Yellow Ribbon Youth SUlclde A--and PNwnlloll w.lL 9 . Public Hearing . a . A public hearing to gather input on the City of Englewood's propoeed 1999 Budget. 10. Consent Agenda . a. Approval of Ordinances on First Reading. i . COUNCIL BILL NO. 56 -Recommendation horn the Department of Safety Services to adopt a bill for an Ofdlnance appn,vlng an lntergovemmenta Agreement with the Colorado Depal1ment of Traiiapo11ation acceptilig grMI money for a motor cycle program for the Saf9ly SeMcN Police DMaior'I. Sf M'F SOURCE: DMalon Chief Tom V•........_ ....... nae.: I yGII haw a claallaayand nNd _, alda • •t1111 ........ ...., .. ca,o111 ......... (30S-712-240I) al INat 41 holn In advanoe of .... a.vloN .. ......_ 11-* ,-. . ' .. • • I ~• -• • t• • ' jJi:nglewood City Council Agenda September 21, 1998 Page 3 ii. COUNCIL BILL NO. 60 -Recommendation from the Utilities Department to adopt a bill for an ordinance approving a settlement agreement in the case of Gesin v. City of Englewood, et al. STAFF SOURCE: Stewart Fonda, Director of Utilities. b . Approval of Ordinances on Second Reading . c . Resolutions and Motions. i . Recommendation from the Department of Financial Services to adopt a resolution approving a supplemental appropriation and transfer of funds for the Public Improvement Fund for higher than anticipated costs for Paving District 38 . STAFF SOURCE: Frank Gryglewicz, Director of Financial Senic:N. ii . Recommendation from the Department of Public Works to approve, by motion , a contract for construction of Paving District No. 38 . Staff recommends awarding the bid to the low bidder, Concrete Works of Colorado, Inc., in the amount of $1 ,100,644.00. STAFF SOURCE: Chartes Esterly, Director of Public Worb. 12 . General Discussion . a. Mayor's Choice. i. Request for Council authorization to attend the Colorado Housing NOW conference from September 30 through October 2, 1998. b . Council Members' Choice. 13. City Manager's Report . a. Englewood Center Update. 14. City Attorney's Report. a . Union Avenue Discussion . Adjournment. The following minutes were transmitted to City Council betwffn 9/4/98-9/17/98 : • Joint Pension Board Special Meeting of May 13, 1998 • Englewood Housing Authority meeting of July 8 , 1998 • Englewood Clean, Green and Proud Commission meeting of August 11 , 1998 • Englewood Parks and Recreation Commission meeting of August 13, 1998 • Englewood Code Enforcement Advisory Committee meeting of August 19, 1998 ,,. - PINN note: If you have a dlublllly and IINd......, alda • W '1DII, plew ncdy Iha Clly ol !&ifllea:DOCI (303-712-2405) at INst 41 hours In advanoe ol .... ..,... .. ......_ 1'talk you. • . .. •· • , • -. . 0 I• -' ~ . • • • I· • ' • - ' • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, SEPTEMBER 21, 1998 7:30P .M. I' - 1 . Calltoorder. 1133- 2 . Invocation . (1,./11 .. 3 . Pledge of Allegiance. ~ RollCall. 7~ Minutes.~ 4 . 6 . 7 . 8 . a. Minutes from the Regular City Council meeting of September 8, 1998. Scheduled Visitors . (Please limit your presentation to ten minutes.) a . Mr. Ronald McDonagh will be in attendanee to discuss concems he has regarding Code Enforcement. ..%1' ~7~-(Please limit your presentation to five minutes .) Communications, Proclamations, and Appointments. ~ a . A proclamation declaring the week of Septembe; ~ throu/. 26, 1998 as Yellow Ribbon Youth SUlcide ~-and "9wantlon Week. 9 . PublicHearing. ~ ~~ · 7-0 10. a . A public hearing to gather input on the City of Englewood's proposed 1999 Budget. Consent~.. 1AJ7~ ~ t-O a . Approval of Ordinances on First Reading. ~ /-ll i . OOIINCII a.L 1G. a· Recommelldatiorl from the Oepar1ment of Safety SeNlces to actopt a bll tor an onlnance approving an ~ AgrHment wilh the Coiofado Oepartment of TrwllPC)l1alllon acceptilig grant monay tor a rnoa c:ycte p,ogram tor the Saf9ly SeMCN Police Olviaiof't. ff AR SOURCE: Dlvtelon Clllef TOIII Y•....,_.· Plewnaea: lyou.._a « tiawan11...a8lldllry ... ••t1a11,....-111111ty .. ca,o111& ... aMd (303-712-MII) al ..... 41 houra In ..__ol.._ ..,..._ .. ,..._ 1-*you. --.~---' • . • • 0 l -• b . • • ,~ • ii. COUNCft.. Bill NO. • -Recommendation from the Littleton/Englewood Wastewater Treatment Plant to adopt a bill for an ordinance approving the assignment of a radio tower lease . STAFF SOURCE: Stewart Fonda, Director of Utllltles. iii. COUNCL 81.L NO. a -Recommendation from the Littleton/Englewood Wastewater Treatment Plant to adopt a bill for an ordinance approving the assignment of certain rights under the lease to the lessee. STAFF SOURCE: Dennis Stowe, Manager of the UE WU19Water Tl'Ntment Plant. iv . COUNCI. al. NO. S1 -Recommendation from the City Attorney's Office to adopt a bill for an ordinance amending Title 7-6F (Petty Theft) of the Englewood Municipal Code to be consistent with State StaMes. STAFF SOURCE: Dan Brotzman, City Attorney. Approval of Ordinances on Second Reading. ~"· ;t i. Council Bill No . 50, approving a License Agreement with Daniel Brost for encroachment of a barn in a water main easement right-of-way . -bD ii . 0 ,J.(pt iii. ().J·~iv. Council Bill No. 51 , approving a License Agreement for a six inch water line at Bates and Emerson. Council Bill No. 52, approving a City Ditch Easement for the First Church of Christ, Scientist at 3701 So . Logan Street. Council Bill No. 53, approving Southgate Supplement No. 138. c . Resolutions and Motions. i. ii. Recommendation from the Department of Public Works to approve, by motion, the purchase of compressed natural gas storage cylinders . Staff recommends awarding the bid to the only bidder, Natural Fuels Co,poration, in the amount of $34,859 .00. STAFF SOURCE: ClwtN Ealarty, Dnc:tor of Public Worb. Recommendation from the Department of Public Works to approve, by motion, the purchase of a replacement heating system for the Servicenter. Staff recommends awarding the bid to J . J . Lay, the only bidder, in the amount of $27,900 .00. STAFF SOURCE: ClwtN Ealarty, Dnctor of Public Worb. iii . Recommendation from the Department of Public Works to approve, by motion, the purchase of a street sweeper. Staff recommends awarding the bid to the only technically acceptable bidder. Faris Machinery Company, in the amount of $84 ,865 .00. STAFF SOURCE: Chartes Ea1arty, Dnc:tor of Public Worb. 11 . Regular Agenda. a . Approval of Ordinances on First Reading. i. PINN nole: I ,au haw a dlulllllly and nw18lldlary alda • •111a 11, ....... nally .. Clly of 11 ... mood (303-712-2405) at !Nat 41 hours In advanoe al"'*' aervloN .. ......a_ l'-* ,au. • . , ... • • 0 -• ,. - • • i.1,.t-ood City Council Agenda September 21 , 1998 Pagel ii. b . Approval of Ordinances on Second Reading . c . Resolutions and Motions. ii. Recommendation from the Department of Financial Services to adopt a resolution approving a supplemental appropriation and transfer of funds for the Public Improvement Fund fo=r than anticipated costs for Paving District 38 . STAFF SOURCE~ Gr~ Dlractor of Financial Ser.ices. Recommendation from the Department of Public Works to approve, by motion, a contract for construction of Paving District No. 38 . Staff recommends awarding ~w_ bidder, Concrete~ Inc ., in the amount of ~TAFF SOURCE:~lnactorof Public Works. 12 . General Discussion . a . Mayor's Choice. b . i. Request for Council authorization to attend the Colorado Housing NOW conference from September 30 through October 2 , 1998. Council Members' Choice. The following minutes were transmitted to City Council between 9/4/98-9/17/98: • Joint Pension Board Special Meeting of May 13 , 1998 Englewood Housing Authority meeting of July 8, 1998 • Englewood Clean , Green and Proud Commission meeting of August 1 1, 1998 Englewood Parks and Recreation Commission meeting of August 13, 1998 • Englewood Code Enforcement Advisory Committee meeting of August 19, 1998 PINN nota: If yau haw• clNbMy and nNd ... -, alda or W¥lcN, plNN nallly .. ca, GI Englewood (303-712-2405) at INat 41 holn In advance OIi when NMCN .. needed. TIIMk yau. .. •· • 0 -• • ,. -' Dr. Donald R. Draayer Associate, Search Institute of Minneapolis Presents October 7, 1998 7:00pm -8:30pm Sinclair Middle School Auditorium 300 West Chenango DESIGNED FOR: ,- Anyone interested in children and youth in our community, including community leaders, educators, religious leaders, parents, youth, business people, law enforcement personnel, and other youth workers. Developmental Assets Arc . . . 40 powerful factors that children and adolescents need in their lives to help them grow to be responsible adults . Through surveys involving nearly half a million youth across the U.S., Search Institute research 1w found that these assets are powerful factors in shaping youth behavior . The more assets a youth experiences, the better prepared he/she is to meel today's challenges .• "Information takctl from · Assets for Colorado Youth ". Search institute-Colorado Assets for Youth, Denver, Colorado 80203 Sponeored by: am; Englewood Schools FI.Nlded by: Englewood Schools Safe & Drug Free Schools & Commc.lllties • . • • 0 J- • • 0 • Tlte CLallenge Facing Communities \\'l,il,· tlw u,sd, ur,· l""":rful sl,ap,•rs .. r ~ounq people's li ves und ,·l,oices. loo f~." ~Oun{! pt.•o pl,, l''f)('ric-nn• 1111111~ nr tl1t.'SC-ll"'SC'ls. -,~\('11ly-fi,c of the\() U.:ilS<°lS Ur(" np,·ri<'nn,d h~ less t l111n l,ulf nf the~ ou n g people sun eyed. Averu{;c Number of Ast1cb by Grade and Gender "'rlw nH·rn{:t: ~ 11unC 1)1.·n.t1n "u'" 1..·~ C"cl 1."\JX'ri1.•1wt•s onl~ I~ of tlu-\0 ussds. In (!c•nen1I. old1..·r yout.h ht1ve lo,, er 11H'r11Ct.· lt·,,:1,-cl UJ'lsds thnn youn{:cr .,o uth. ,\nd 1-w,~i. C)t.pt.·riem·<· fc•wer US,c('hi thun {:i rl ,-. 21.5 19.5 ..... 1 611, itlo !itlo .... ..... ..... 1211, It•,• tirle ir•~~ iro~r •r•~r ira~r iro~r ira~r •r•~r Youth with OilTerenl Levels of Assets IJ,:u ll~. ull ~11utli "ould t.•,1x·ri1..~nt"t' td 11..·n.,..t :!I of thl'st' \0 ttAA('lliL \'d . u~ this ,·'1urt sho"~· onl~ h JX'rf'f"nl of ~outh t''IX'rit~m·t:• tl,i~ 11..•,t·I 1l ni'QW·t'(. ~i,t) ·l" o lk.'rt"t·nl 1·,1x·ric:11('(" fL"" i:•r lhan 20 nf th<· tt.Kl!k·l~. \\'hat (toal would you .et roryoun4 people.' in your rommunily. orAanization. ncithborhood. or ramilyf ..... •. .. • • • 0 -• • • The Power of Assets ()n orit.: lt:·,el. tl,l' '•O dc,clopnwnlul u11"4. .. b rt·pr<·M·nt 1..•,('rydtt) "i,Jom uhout r>o8itivr t·,pt:•ril'nl:.'(';c und t·lmruc:h .·riKl it·s fur ~oun4 tX'11plt". In uJ dil inn . s.._.tn"t'h l n8"lilult• rt.."St'1t r r l1 l,u " found thut tlwK<.· us14t.·t M 111"t:' p<m<•r fu l inOut·n,·t..·" ,,n a J o lcM't..·nt lx•lu.1, ior-1,oih pn1lc."'<'iin(! ~,,un (;: pt.-.,ple fr1>m fllllll) dirTt·rt.•nt pn1 l)Jrm IK·hu, io~ m1ll prn m o lin{: pu,cili\t· ultit udcs 11nJ khu, io~. Tl1i,c po\\t'r is ('\ ident ut'rus;c 1tll t.·uhurttl unJ ""1Ciuc .. ,-.momit· {:roup,c of )Outh. Tlwre is uli.i, t"' idt.·m ·e from ntlwr n_o,w;-11rt'l1 Lhut us."let.M mu'.1-l,mt· dw '-1:1111(' bind of P'-..,H•r f,,r Jounl?("r rhildrcn . Proleclin4 Youth from High-Risb Behavion t\s"t:l s ~IU H ' lrt·nu:.·nd u u ~ l)('"'t'r t o pn:1k"l'l ~·o utl, from mun) difTl."n:nt hurmful ur unhcu _ltl1y ,·hui<.·t·s. "J(_. illugl rufr. theMA ,·lrnrl._,. s how 1hut youth" ith th,· muict ttMk:.'h «re le.:ud lihdy t n cn(?u~· in four cliIT("rt.·nt put t e rm, of hi c l1 -ri sh };c hm ior. (/-;,r £/r{in ilions ,{<'UC"~ pn,M1 •m behavior. !i("t' paC(;' 7.) .. ,. P.-,,blem ,\l,.,hul L' .. \'iolt'n<'<' -rh~ "Hlllf' lt ind of im 1Jllct iM ("' idt.•nt "ith num~ otht.-.r llrohlt•m beh.\'iUnl.. includin(t t ohat•(•o U ,K', deprn:· ai,m knd u1t<·mp1NI i.uiC'id<·. untitlO<"ial ht•ha, ior. l!IC..'hool pl"'l)lllt:m"-drt, in 4. and .J~.,h1 }I. un d t:e mblin!:, • ,1 11 1 , ...... • • Promolin~ POt1ilive Alliludes and Behavion In uddit u,n t,, pn1lt't11n , \(tuth fn,m m •(:u11,(· l>t•lu1, H,,.._ hu, in ~ mo"' a,uw.'111 incf'\'."OSt-S 1h,• 1·l1unrt"I thMl ~o un(: pt•ople ~ ill lltt\l' p o 11t1ll\t ttll1tudt•l'i ttnJ lw.•hN\ 1,, ...... ti"' tlu-.ic• (•httrtlfJ ,.hft\\, (l ;H' J('{in,t,un"I o(t'OC·h thri•·1n l>t•lw1 ,or. M-.• pa~• 7.) "' - •, - .. • • 0 , 2 - Ci C, r r C 0 Q C .., I~ \.... ( ( { C ( • • ·, • • An Asset CJ.ee~li8t ~ lun) pt•oplt· fi nd it helpful t o uik· H ,.Im pit~ rh('1·hl1 iC1 t o n..ON-t ,m th«:" tu.-..~ ,,.un p._'<•pll t·,1h ·riL·1wt.•. "rl1 iH ,·l1L"<.·kliK1 Jtimplifi,>ti1 th .. ".,..-t l,ttt 11 1 ht•lp pn,mtl'I 1"1.,n\~11fln ,n ym1l1.:, • or{!uni1.11lit1n~. und rommunilie~ MJTE 'J\i.~ ;,.,... ,,,,,.,.J.J...,.4fA+A • a «wntif,,c or Clt'aU"Gir nx.wu MKnf a( J,,, I ; *1 ......_ I. I re,,ciH· hit:h ,,., .. , ... r '""' und Kupporl rrom •• I c,, out "'ith rnend• ·"' i1 h nothin~ •pecial fumil) mt:'ml)('rs. lo do"'"'" or fe .. .-r ni¢ht. each weel.. 2. I cun ~o lo m y purent(8) or ~uHrdiun{s) fur 21. I wont lo do "'e ll in ll<'hrn,I. ud, ice und •uppor111nd huw rr.-quent. in -depth t·onvenu1tions "' it h l hem. 22. I um udivc ly en4a~ in let1rnin q. 3. f hno " som e n o npurcnt udultH I cun (,~ to 23. I do un hour or more o f ho meworb ca,·h for ud, in• und Hupport. .,cl,ool day. "· 11-1~ nci~hhurs c n co urulic und •upporl me. () 2". I mre 1tbout my .. h ool. 5. l\.1y KC hrn>I pro, id, .. u co rin g. l.'ncouragin l) (_ 25. I rcud ro r plcw,urc thrt.-c or mo"' huu..,. each weeb . <.-n, ironme n l. C 6. 1'-1 ~ p11rcnt(•) o r ~uurdiun(•) he lp m e •uc,·ecd 26. I helic\'C il i• reully impor1unt to he lp otber in .,.h,HJ I. peopl e. 7. I feel ,ulu.,d by udulh in my community. 0 'n. I "·uni l o belp promote equality und reduce world pov.-rt y and huni,>er. 8. I um {:ivc.:n u HCful roli!H in m y community. 0 28. I ,·on •land up for whut I belic\'C, 9. 1 1'4:nl' in • he community o ne hour or more 0 29. I tell the truth e\'en when it·. not eu•y. l'uc h "'"'I.. 10 . ( r,'("I HUf, ... 1 ho me. at KC hool. ,md in the ( 30. I e8n u<'Ceept und lobe pert!Onal rc11pon•ihility. C n ei{l hborhood. 31. I beli"'e it i• imporlanl not lo be """""lly II. 11-1 ~ rumil~ • .-1. 11lancL.rd. for appropriate arli,·e o r l o uc,e alcohol or other clru~ C condu,-t tmd monitor. ffl) "'hetttt..boub. 32. I am (:ood at plannin(: ahe..cl an.I mai.ing 12. 1\.1~ oc hool h.... cl,.,.r rul,11 an.I eun -iuene,.,. cleei ion•. fur l)('ha, ior. C 33. I am ~ al m.J.in(l ancl beepin~ frienJ._ 13. N,·i{:hhnro 1 .. 1... =pon•il,i lit~ rur monitorinl': C 3". I I.no" an.I am <"o mfortahle .. -it h peopl e of m ~ ht•htt, ior. clilT<"N'nl eultu,..1/,.,...;..l /et hn it· b.cl.(:rou ncl «. n . 1\n:-nt(•) und other aclu lt • moclel po•ili,e. C 35. I c,m ,....i.t n<'(:ati,e pet.-r p ........ ,... an.I ..... ,,..m.ihl,• l)('h .. , inr. cL.n{:t-rou• •it uat ionL 15. 1' 1) l=t rriend• mud.-1 reopon~ible beha, inr. C .. I try lo ......_,l,e N>n Oic:1 noO\ iolentl~ . 16. :"-1 ) l>Hl't'nt(•)/{:uan:lian(•) and h-aehero r ~-I heli<"'e I haw <'O nt rol o ,er man~ t h in (:< ,·nmuno(:t, m.-to Jo ,.,.II. that happrn lo m ... 17. I •pend I h.,.... hours or moN" ,.....h "',..-1, in l,._,n• ) 18. I fttl (lo<,cl .J,out my..,(f. or prtK-ti'-·e in mu•ic. the11l<-r. or utht-r arta. •• I helN"'e m) lif .. ha. • pu'f'O*', 18. I •pt•nd thn-e houro or mor.-,....-h .. ...-1. in .,.h..,I .... I am oplimillli<-.l.ou1 ffl) futuN" . or mmmunit) oporiL dub.. or or(ianit.aliono. 19. I •t><·nd ont" hour or muN' .,...h ,. eel. in n-li(tiowa Mt'niC'( ur J)*rt i,,paat in in "flint ...J ac1 i, ;1 ieo. • .. • • 0 '~? - - • • • • • ... On Your Own How You Can Build A8sets E, t•ryon,:-purt·nb und {:u1.irdiun!i. 4rundpur1·nlK. lcw._·h e r iol. t..·cu.u·h,·"'· fric•m.k ynut l1 "'orbc-r". empl1 ,~1.:rK. ~outh. unJ o tht•rM -t.·,m build mow:·LK. It d1:te1m 0 l m .. 't:'<·M"l.tri l~ t.nbt• u lot of mom:~. But it eun mulw u t~mendouK diITt.·n:nc.·t' in ruitcin~ t·1mfidt·nl. rur in4 ~nun {: pt .. •11plt•, \\'hut it l.ubt.·ti; i8 buildi11{: n·lutionMl'-ipK. "'pcnJin(; timt• lo{wthcr. und lxin(: inlt•nlionul 11huul nurturin {: posiliH· H1lucK und l'on11nilmt.·nts. Sun1t:• tl,in ~it ~uu c·u n do : • c; ..... to bnr"' th,· ntamt'K til'l1idK \\hl) liH· Hn)Und ~ou. Find out "''hut. inl t.·rt•tclK the m . • (;et lo bn ow '\\hut ~IJUl1 4 1:Wllf)lt• Uf'QU OJ you urt" rt:oll~ lib t>, not jwcl 110" tilt.') Ur"(' porlruyt.-d in Lilt' fnt •diu. I Eut ut k •itM I •mt..· nwul 1<1{:dlu .. ·r c-,l'ry Ju~ tts u l~mily. rl-;.~,· l im e lo loll, ul>e.1 ul ,,hut 'M ~uinC. o n in nwl1 ,,thn'M li,1..·M. I \',,lunt.jC r U K II lul 11r. nwnl11r. tt t· ~outh lt·udcr in u _,(1utl,-~··ni114 pru{:rurn . . . . In Your Organization If you 0 n.~ in,ol, l,.J in un 11~uniJ'_..ut i11n t1 ud1 u~ ff l!K'huol . )Oulh ,1r{:1tni.J'...tt1 it,n. ,·c1n{:rt."{:tt.lion. fttmil~ -...·n i,·c-,,{:t'nr). heult h-run_- p ro, idl"r. or busi,w,-i.-eitlwr ,ui un t'm ployt"t' or ,olunh-er-JoU <.·on ,·nt_·uunt(.._, u•-*-1 -buildin(: 1:1c.-tion "ithin thu.t or{:uni.J'..1t - tio n. Some l>ltMJ'iibi liti.._-•: I E.Jucult." )••ur ,·on~ itu<·1tt'). ,•mpli,)t't.'8. nr 1·u1-l•1m-.·r • nllt1ul their potentiul U K usM·l l,ui ld-..·nL I D t:H·lop 1)(1 licies lhut ullo" punmh to he in ,o l",...I in tht.·ir t·hilJrcn°M Ii"'" und thut l'm·ouru~'-' ull t·mploy<-"(:ti lo {:t~t i1HulH.J wi th ltid1t in thr· community. I ("unlril1ulc t imt.•. L.ulent. or rt.·~urt'('li lo rmp1H.t rt cornmunil) uXl'k.-t -lwildin{: -.·fTorh . I D,"'-'lop u r Klrrn{:tl1t:'n pro(:run111: und au-ti, it.i t.'" lhut l.uild oKM:1.K. l'ut'h lull m {'nlorin {:. M:n ict.•-leurnin ¢ ,u-tivilic". pt'."t."r lwlpin ~. ,mJ rt.."C"rt·td inn. . . . In Your Community I lundreJ" of t·omm un itit·tt 1.wr,.,us tht.· l.Jnilt..J Stuh-. urc dill("o,t~rin{: tht• po\\t'r ,rnJ pofrnliul of unitin4 t•ffort" for 1:11ii....-t huildin~ .... rl,<") iaHol,,· p,..-,p lt· frum ull parh of tllC' t'tu11muntl) in ~hupin~ unJ ,·01,rJimdin{: ldndt-{ti,"11 thut "'ill lwlp .ull )OUn4 ,,.. .... ,pl,~ h.-nlOrt' liltd) lo UtTt"t.J. ,ou ('Nil UM' )Our tnflu,·n,·,• ,n the• t"(HlUt1un.11~ tu: • ·1.11 ... l,out -1 l.u,ldrn6" ,th rom,.l ond infonmJ l,...J,...,. to11d (,dwf' rnOw·nii•l 1)("f1 11l t• ~nu Lno". ( ;d dl(•t r liupport fur m•,d huildin(t. • ( ~o ndw-t It ltUr'"H.,. lo llWHl!roUf'I' th,• klrM.-t l('\t"'"ltt: hr ~OU ll(t p,r"i;plt" in )OUI" t.'HtHJ11Ulllh (( • .. 11 ~n•h ln.tilult• ror .infonn.teon,) I l)t..,,,.lop orpurtunili,,-. for ~oulh t u n.1 nlrihut e to 1hr c·ommu nil ~ thruu~h h,.u·in{t th,•1r JlC'.'Nl)(""t-tiu-. end t.1in Motion •nJ ,, . ..J, .... h ip. I ( · .... l.~,rad r 11nd hitnor th__. ('1 !mmit mt·nt • ,.f 11t.,.,pl,• "h,, J..JH"att" tlw,r liH-. •nJ lune 1111 h,IJr,_•n tmd ~outh . h "'-'t-a lat.l ~•,.....;re .,..I tn,i,,. uottol.ilol.&e. I; C • ....... tt-_a,..lo em,lr-e-l.uilolint..a.... L E-,--ft.11.l--a..a..-,......,;. ....,..___.._. tt,-AI .a..,,., )Glll,...I ......... ,a., .... 2. A1,.......,1e .......... WI.Ir •• -.a .. ....................... ,.... ..... ._ .... ..... (w ;,,Jly w J I Ci t,.t, _.,. .. ,..... ,-,Ir ..... _ .......... ....,,__ I. RI:· f ': -t.,.s..-t Ir h ..__ ........ ,..... ..... ,.........,,. ..................................... _ ............ _....,.. 1.,-,.....,_. __ ....... ..-. ....... ...................... -........... .......................... I. I-· C ......... ...... ..., ............................... . .................................. r..... ........ ... .............. -.. IC ,, , I I clan a .... .. ,. ....... _ .. ·-" •Ja!IIII • -.. ... .. .. . , • . .. ., • • 0 , ? - (' St:un.·I, ln"'tit ul.tc· ho s IJt"t.•n Ktud~in4 J~elopnwntul UK~R in ~outh in t.·t,mmunit ies Ki n n • 19r,,U. u11in4 u tl ur, (•~ (0ullL.J JJn J/i/e1, o{S1udn11 /.i{t:: Attitudes and /~•/ta1 1io~. In l\)1J(i. the C'Urrt:nl frttmt.'"Of"~ uf 40 d evclopment11I «1JHt.-t.11 "'"' rclc"HJK.~t ~fht: d1:1t,1 in thi• brochure iK buM..J un t.ur, '-'J"I Jurin{: t l,e I096-07 ,...h.,.,I i<·ur u f 911.462 6t h -tn 121 h -~rudr pul,lic ..-h,k,I tct udt·nl ~ in 2lJ tm., "" ,wd ciliL"S in 25 &tulcK. How Prol.le• Bel.avio" and 11.rivini lndntor. We.-. Def'ined I 1\.'n: i , li ow C'«<'h uf the Ix-hit, iol'"8 tmd 1Jt-tit ud.eii Khou.n in th(•t·hurt t1:on l>Nt!(":J"t~redt'finc_-d in th~ KUr'\ e~. ,\'ut f" 1h01 th r J,finitiun1o o{hich -ri~L &·hat•ion ore St_~/ rolhff l,ich. ,;1~·1-lin~ on~,mq proMemlj. n ot <'Atx·rim,•nlaliun. lli4h -Riol. B r ha,i,,r Patt~rn• t /lrob/,·m , \/m lw/ L',.,-11 •• uH<J ulcuhul thn.-e o r mon.• linn-s in th•· 1>t1d :10 d1t~til or {;ut drunb on(·c- or m on.· in tlw pturi t\\u "ed,tr1.. t Illicit Drue U.,-L' .. J illi,·it dru~• (c••·uine. LSD. P('P or an{wl c.luKL. lwruin. und umplwtamine8) thrc_·c_· or ,ru,r<· tinu"M in tht• l.>W&t 12 monllu1,. I ~~iruu / A rti1 •il11-I 11:ttil huJ ~,.uel intt'n"U Urtlot' thn..--e or mor,· timc_~t1, in lift-timt•. I \ ~oh·nt'(•-l ltt11 t·n~u.<,~.J in thn:-e o r mon_,o ttd.• o f ri{:htin~. hittin4. injuring ff J'H.'1'"34111 , curry in~" ,H·u1,cm, or thrt_•ttlt"n in{: pl,~,.i,:ul hurm in th.._-ptt.J'l 12 monthx. 1 · h r i , i n Ct t\ t I i l u cl r • 11nd 1l t-h1:1,ior• t Suaw J, ,n -...J.,.,/_( ;,~. mrurtl) S. un rt·port rurd. I \Olu<·1r l)11't'n1l11 -P1 N,·~ hi¢h importNnee o n ~-t · l in~ tu ~n o " pt_"'l1plc of ,rt her rtWi1:1l /1-t.hni,· ~n>u1,1. t ,\/ainlain1 (;,.,J //i..,/1/,-l\.i •llenlion to !,..,,Ith) nutrition und c_•,.~n:iM~. I /J../uil • (;rot,f,rotmn -S..,c_.,. rtlt•n~ for aom<-t h i n t) •1x-..iul rotlwr I h1111 .,,..nJint ii oll .-.4h1 "" •)· • • • - This hrochure iff purl. ofSetarch lntrtilut,.:', m.t·iona.l I l clllthyCommunitin • H ealthy Youth initiutive. w hic:h Kt't·I,. lo equip communit ie11 ttcroK5 the cuunlry t o huild WUK-1M for youth. 1-hi" initiative i8 underwritten l,y Luthen,n Bn:,therh<k,d, a not -fo,-prufit or(:uniw - 1 ion pnwidin(: finen(·iu.l He rvices onJ c·ommunit-y servic_·t~ uppurl:uniticM ror Lut.hcrunM nutionwit!e. Seun:h ln1Jtitule 0 M work on H.Met building alMO hwt received sup- 1>orl fmm the Blondin l'uundutio n. the Cargill Foundation . the DeWit1 \\lall.ce-Reader'o Dil)cst Fund. and I he \\'.K. Kello¢~ Found.I ion . Search I n•I ii ute al .. , 1,·..d • A.cu for ColoraJo Youth. u ,clat.ewide initi.11t iu= that ~In l o nu:,bili'l~ all Colorudoo n• to huild a-,1• in child~n and ..doleo - cenb. Major oupport for A--t. fur Colo....do ,ou1h ;. pro-,idLJ l,y The Colored,, 1-;...st . St:-urch lmrtitut f' i• u nonprofit. nomw-ct.ari.tm of'2ani:r.M - tion "hOM: miuion i11 to advu.nce the ~tell -hc in~ of ..dn- let1t·enh •nd children by l)cnerat inQ ~n o,.·I..J(:<' and pn-1motin(t ih Nl>plit."tdion .1-he in1Jtilule c·ondudN ........__,...n-h end C"'\ttluation. d~·eloP' pul,liC":adion11 and pnui.ieatl tuultl. .ml providet.1 trainin4 and technical For More lafor•atioa Al.oat A••el Baildiat H..Jtl.y C....wutin • I l-ttl.,, \' outl, Se•rch ln•titul e 700 South Third Strttt, S.,itc, 21() l\lin,_.,..t;., MN :!Mi:! flhon... 1112 ..3'1J -8ml loll -f,...., 800-llll8-7828 ~~. ··-.......h-iml;tut.,.ort "--'-C ..a.....lo \' o,,tl. Se• re h In• I it u t e-C o Io r •do lllfl() Lota,, St.-. 5uu 100 o..,....,._ co 80lkJS Pl...w. llOS-8:12 -11117 .. • • 0 , • ,,, - • • - tools for asset huilders Here is a sampling of 888el-building resources available from Search lnslilule. IOI 1\.,.,et -Bui/clin{/, \dio ns i, u full -color po.t.cr Lhut list• tl,c 40 """"'" und ~i,e• ideu s for individuuls und u~oniwtion• on hu" to huild ltKH(U. Portion• of the po"1t:r ure l,ilin(:uul (Enllli,h und Spuni•h). ,\//Kid,. \re Our Kids i• Lh e 1iroundhn•1tkin(: lx,o~ l,y Seu,·h ln.tilule Pre•idenl P,·lt'r L. Ben.on th..l (:i,e• in -depth infnrmalion on the a•.eh und how ,·ommuni - tirs con m o hilize indi,icluulK und o~tmi,.,otiontc to l,uild us,w•t8 in youn{: 1x·oplt'. ,\._,.,., Tlw 1\lu~zim• o(ld"a ., /~r I l,'0 /tlo _y C',,mmunities k I /,'0/tloy \:,utlo .. rr .... infor - mution und Ml rult'{:ieM for huildin4 tt.MM(_-tti und 1>romuti n4 poMiliH~ youth de,elopment in l,id K. l -he mu41uine hu.i,. idcttK, 3torie8, 1:1.nd ""1K>urceK for indi, iduolM. o rqani1AtlionK. und ~ommunil)'•" ide iniliali,e8 thul ,·are ullOul )Oung people. le, kUl,MC rihe . cu ll i;()0 -"'69 -61*!:.?. l'u<>·nt,nc u itlo a Purpu s,, i• u hc,oklc1 thut ch..llenlieH purenh lo ,ie" pun-nlin{: thn,u(;h thc """"I frum"""~· hit:hli (l htin(; ho" the a-,i• cun n...hHpc major pur- t·nlin~ Lu•k • Hnd •u(;{:<_..tin{: ""1" purcnh can find •upport in their rommuniti , :',/arlin Out H.i{!h/: /),.,.,./opm,·ntaf . \ssels {or C loi/Jrrn oIT.,,... n<"' fn,me"'o~ for und,•r.tundin4 und l,uildin4 the foundntion that child .... n from hirth throu{:h ai:t, II nwd lo l,..(:i n 1t h<·u lthy life. It l,lend• Scun:h ln•l ilute'• eden•i,e n...-.. r.·h on .. do - (,.,....."'.,." ith thc literature on ,·hi ld de,·clopmenl ftnd the practi.-.. 1 "i.dom of fX'O · pi e "Im " .. r~ "it h und ,·ure for ,·hildren. \\'/,"/ J.:;J, .\',...J l o Su rn ..-.J i• Hn cu•y -to -n:ud hoo~ thnl ,ho"• the import.once of h,·lpin(I ioulh muk,, po•ili\l• life ('hoit·t,• 11nd (:i,es prn<iicH I ideu,i f.,. huildin(I eo,·h d,·H•lopm,•nlal n••d . fnt"Klucin 11 ,'<1 /tloy C,mmun il ,<'s e I /ruftloy \outf, i• un informulionul h11.ndout th..t prmid, un mer'\ i...-. of thl' I l e .. lth~ Communiti,... • I l calth~ Youth initioti,e ,mJ Seun·h ln,t itul<'. It opc·n• t o u colorful powler of ..,..-1 .huildin4 ide..,., Search I ,,_ \ 1 I Tl T I P1ut1«al 11".st'an Ii br,wfi1111, (-· _,_,. /;.,.mun• ,n(:.rmu t, .. n "" tlo , n.·11our<'N and ,,1 h,·r ,vnto d Srorrll /n•liluli,, 70() , ... th T'l,;,.J S/,w1 . Suit.-2HI. \/,nni,ip,J, ,\/,\' .'ISll.'I. ·1;J/.(n,,., lflill -~-i'H'Jli U~: u II u .ttNJnh -,nof,lule.orf. ... • • • 0 I ~ I - !'!I ~ ""! !'!I :1:1 ,'. ;;. r- ;;. 'I. 'I. !'!I -i i 'I. 2 • 0 • 40 Developmental Assets ~t..·un·I, 111st it ult· l,m, ident ifi(·d tl1t· l~1 ll o" in~ huild;114 hltK·lti. of hcult h:-dc,elopml•nl t lll1l l,elp :;.o un ~ 1x •11p lc Qrow up hculth:;.. t·urin~. und rt•sponsililt·. H.!n·cnl u (,I(·" of :;.oun{: p<."()pl,~ "ho np,.·rit.•nr1._• t.•urh Hl'I.Kt::t reprcs.•nl ulmo~l IU0.000 Gtl,-lo 12 tl1 -(;r11dt • :-uutl, s un t·:-·t."tl in 2.1:J lo\, n s tind ci t it•s in tl,c Cnih."t.~ St.ult."'· ASSET TYPE Support I. 2. 3. I . 5. 6. Emp,,"c·rm('nl ~- u. Ill. Bouncla,; .. and 11. Exptttat ion• 12. 13. ,,. 1!1. 16. c ·,.n.trudi,1· 17. l ' ... orrim,• I~. 1\1. :!O. Com .. it-..1 21. loL••11n,int 2'l. 23. 2\. 2:1. Pol!'il iH· \ 1 Rlut,i. :!ft :?7. 2, :.~t ;~I :11 S,,..;.I :I'.!. ComprirnnN 3:1. :n . :l.'I . 36. Pi.-iliH• ltlt•nlit:-:«7. :i~. :1\1. \II ASSET NAME AN D D EF INITIO N Familyouppor1 -Fllmily lifr pro,,;J .. hiQh 1.-..1. ofl°'" and llUpport. Pooa;. ... f.milyrommunimlion -\uunt .-.,n ...d hc-r or hi, pum1(,) rom mun icok pooili>.-ly. and ~oun~ pera,n "'willina lo -Ir .d,·itt and roun..l from pumt(,). Oihc-r.duk rdalionJ,ip.-Youna ...-,n l'ttfflel ouppor1 from ti,..., or mott nonparenl .Juli.. c.n.,. ~-\oun~ P""'"' exprrimtto ...,; ... ~ c.n,. ......... .liaar-Sd.ool """,id... cwinA, enroun,aina .,,..ir,,n-,,i. Parm! im...i.....-t in ..l.oalint--Parmt{,) att ..i;...ly in..J...J in ~8 yount P"""m .....,....,d in ..hool. Communit) H1 lut .. ~out h -,~mn(: rwrson f)f·rcci\t.io tlmt ndult -. in tlw n,rnmunit~ Htlu(• ~outh. ,"t,utl1 u• n:'1'0llr"('t."M -'Oun~ JX"oplt· urt:-~i ,,·11 ust·ful ro ln, in tl1 l.' <·ommunil~. ~t·r,·it·t· lc, t il lu•r1-)~1u11{: 1wriu1n M:'nt.·i. in I ht• comm unil~ o ne· l,<,ur or mor,· f:k'r "c1A?. St1fdy-,~1unC 1wr,on f("eli. M.1.1ft• ul l10nw.1W.·hool. und in tlw rl{'i~hl,orhoocL Family '-nd.i.a-Family hu ..k.r ruk. and ron........,,. ...d monilon th. yount -· ... -~ .. s.l.o.J l.nund.i.a-Sd.ool pro,,icl.. dear ruk. ...d ........- N.,.1,1,....l i........&...i.N.;al,lx.n ialo. ........,...l,iily for monilorina ,,_.. prop! •• b.-ha, ior. Aduh ...a. ......kl.-Par...nt{,) ...d othc-r .duh. mod.I pooili,.-, m,ponoil.k l..lu.vior. P...;,;...,....,.inll...att-\;..,nt prno0', l.ni fri.nd. mod.I ...,......;IJ. 1..1..-iur. H~.....,w;...-Buu, ..,...i(,) and 1-1..n.......,.. th. >•,..nt prnon 1o do .. -ell . Cn·Htiq·at-t.i,ilit'M -)oun~ pt:•ncun s1,end1, tl,n...-• or rnurt:' houn; ,,._.r \\t._'1.'6 in lt-,.scins o r prnd i<·t· in mu,-ic·. tlwnkr. or otlwr 1ui s. Yo uth ,,,....~nun•-,~mn{? f:>l_'n,on "f>t'n (l5 thn"t:' or more hours per "t"t~L in 1Cpor1Jl. C'Jubs. o r o r"f.!uni.1..1.rli onJ nt M·hool tmd/or in th,-("tlmmunih. R t·liCiou11 t'1tmmunil~-)oun{: p,·"'111 l-p,t·nd,. om• or mo~ hount pt3r \\f't'b in nd .. i, itin 1n 1_, n.•liL!inulil ,n,tilulion. TinwHl honw -,,,un4 fWN1n is c•ul "ith frit'nds M" ith m•thin{! "'llN'iuJ t u JoM '"(' c•r f,·,H ·r nid,t ,,..r ,q .. ,L. Mw.---...-\uunt ....-.-......i 1o .. ....11 in~ s.1.oc,1,.,._,.. \~na...,...... io.tiw~,..,...... .. ........_ • ·-----\--t ...,..... rq,o,to doint .. '-.-I.our.Ji.-..... l'WI)' ..l.ool J.,. Boadiallloacl.ool -\ouna pen,m ............ hc-r or hio .......... ~L...,1.--Youn~ .-.,n ....J. lor .,1-,n: ti,_. <W -houn ptt ._i,. Cannu-,~•un(: llt'rM)fl pl1t('l'"' hiel, \Ulu,· on h,•lpin~ other 1x·opl,·. 14uHlit~ ttnd 11ut·i.11lju"1.in.•-)11un pt·r ~111 plu('t 'il hi*h , nlu," on promot in4 t'quulit~ uncl rt'lluri nl! hu11 {:t·r nnc.j ,,.ht.'r1). lnle"l'.:rit ~ )1,un{: 1w,ii.o n ud." on ('011\ 1d.tt 111, Nnd st und" up for h..-·r or ht.§ kli,•f. I lont"Ml~ )o u n f)t,·r,on ·h·II,. tlw truth l"t'n ,,h,·n i i 11r1 not (·tt ~.- R,._lklllllil,ilit~ ,o un Jll'rM 1n 1u·c"t0 pl, 1tml tttkt><it pl'nk•nnl n:-..1xm 11i1 il1ilit~. Rt""alraint -)oun ,-.,.:r:-o n lx-l1t"'('11 ii 1i,. impor1 a nl no t t u he M·\.uH.11 ~ ud.h t> o r lo UM.' Hlruh ul ur o f hH dru . Pl.m.ine and .&m..... ......,._ \ount ....-i.-.. '-1o .,i... a1....1 and ....i.. ..i....-. 1 ... ..,.........1....,..__,.,..na......., i...~ ...,..;.ii~ . ....i frimd.l,;, .1,i11o. C..ku..l ....,...._._ \ount .......... I.. ""-lcdtr J ....I""""" wit!. ....,Ir J difbnt ....ltural/--J/.tJ.nir '-&.t, ......&. Rni.i.....J.ill.-Yount pen,111 cen rniol ....,tM ,-,.....,.. and.....,_ oitual-. P....lul...Jirt ....l..timt-\ount ....-_.1o ....lw...Aict -~- p._.,_._m"I po\\t·r ,nun JWrMin ft,,..·1~ h._. o r h .. hsi rontnll oH·r "'thin~, thm hHppen to me : S.-lf ,-.t .. ·m , .. un C r><.,...,n ""J><•ri, lu., on~• h,~h ,..If ""I"·"'· S..11..-uf pu'l~--'II UO J""ri,on n ·J~>ri thut "mJ lifr h. k f>U'll<'"": Po.iii\ .. , i,""' uf 1i.·nuna..l ru1u,... )o un61>t·n.im i, 411lf1mi111i ... J,uut ht-r ur h1• p"nt.1nal futur-:. I .. nprn,l .. t,j •N"t"lt 1Kl!IIM1r1.l. o, .. l! •lflhl\l"'!..J I-' o,,I, • 6"96 2696 4196 4096 2496 29% 20% 2 1% :i0% 55% U96 48'16 4M6 2796 6096 41"6 19% 509', (l\f~, 500., ~ ..... u;. $1"6 24"6 l:J<J., l 5'~· O:l''u O:J'!I , (l(lllo \2''u ... U'JII, al"- 17'6 "" l:\'lu l i'lo !\S"o ((ltllfll <,,"l ,1(.l,1 1 11M:I. l h •• rt .... h l n...1iul,r ':'.fll ' n .. ,J ""'"' '-!o .. ,1. :.? .. 1 \J.111-....1•J,., \I~ l-\t'\ .. rho, I -.iau ~, :! • ..l ,.,1, """""-~ ut•h h1h .-.... • • • 0 f - ] • ,, - • • .. giving kids what J they need to succee \Vhv do some kids grow up with ell8C, whife otheni struggle? Why do .,,m,· ~id, {:el in,olv,J in dunCerouK ru-ti, itics. while othcn Kpend their time contril,utin~ lo "'oeidyf \Vhy do ,come youtl, -l>eul the odd,-in dilTi,·uh •iluutinns. "hile other. {:el lrupp, . .Jy f'1ttn) f,u...-toM' influent..·c "hy MOmc young pt."ftplc huve Mucct."1'KC."1" in lif~ und wll\, ot.hent hu,c u hnnJcr time. El'o - nomic ,·ircumglunccK. (.;c .. 1elics. t ntumu. und muny othl'r f~t..·- lor. pluy u mle.' IJut tlu,sc f.,cton1 -which "<'t'ln diffi,.uh. if not 1mp<1MMil,ll.'. lo <·l1u.n (:t:-nrcn°l ttll thut m11,th·nL ReNettn·h lw Scurch lnslitut<• l,us id,·ntifi,,<l 40 <'t:1nen.-le. po1'iliw "'IX'· ri,·n<.·t."" und qu,.tliti'-"'-.. dt..·,c lopml·ntul Wrl."4..-IK .. -tlutt hHH' u lrc.·nu:ndou,c influcn<'f' un ~uun~ 1x~1p le\, liH."8. i\nd tht~ UN' thin(, .. tlu,1 ,x,.plc fmm ,.II "ul~s of life cun h..lp lo nuriun·. Re .. ·ur'l·h .h,.,, • I h11l I h,, \(J d,,, elopm,·nlol ...... 1. hdp ~ n;.n~ 1)(•o pl._, multt.· ,, i*.· dt.."<'iKionK. c hootW._' pctt1il iH_' pathtt. und 4,..," up mmpd•·nl. ettrinq. ttnd =pomil,le. The u--l• (..-,, pllC<' 2) Ur'<' l)l'OUl)l..J into ci{:ht eele{:ories, t Support -,~,un~ 1x·o plt· nc..._'t.l lo (').J>('ric-nct.' "upporl. l 'tH'l', und l,1H· fnun tl1l•ir f'umili<"4 und mun~ otlwn;,. ·rht·~ flt_"('d u'"4uni, ... nti011ij und institutions th,,t pro- \ idt.' prn,iiliH·. "u ppurti,l· c•n, ironmt•ntK. t Empo"t'nnenl -\;,unl\ t><"ple m•c.J lo he u,luc,1 h) tht•ir <--o n1111unil~ und hnH' np1>nriunitit's In c11n - lrihuk ln uth<·rs. l ·~lr thi"' lo iK't'ur. till'~ mu,;l he Mttft• nnd f,,.,1 ,...,·ur,·. t llounclan~.,.,m,l ex1x'Clalion•-Younq 1x.~,ple nct-d lo kno" whut i• e><p<'<1<.J of l h<·m nnd wh<1 her ucli, it ie• ttnd b.:haviors ure "in hound.-or "out of hound.: t Con..tnu-tiwuoeortim•·-\'ounq "'"'pl,· ne,.J comdructivc. cnril"hin~ npporlunitic,i f~,r ~"'"11, through crculivc· udi, itick. youth pro{:rum~. con4n.·· t:uliunul involv{_•mcnt. und quulity t imc ul home. t Commitment lo leaminii-\\,un{: pt~1plc ne,.J lo deH.·lop tt lifelon{: <-·ommilmcnl to cducution und learn in(:. t Poaitiw,.,.1...,.-\\,uth n,.._,d lo de,elop •lron4 ,ulues thnt {:uide their chni«'t<. t Son.I comp...tenri,,w-\\,unl) pt•ople net-d .kills and mmprtenei, .. tlu.t equip them lo m.J.e P'"'ili,e ,·hoi,-.. .... lo 1,uild ,,:lnlion•hip,t. ttnd lo sun'<,,d in life. t P°"iliwidrnlily-\\,un{: p<,1ple nc·ed u Hlnm{: "''nl!C of l heir own JlO" t·r. pur-potlC . worth. und pn1mise. -n,e tulM.'l fntm('\\l)rk '"' u frmnc·wnrk thut include!'!:('\('~- one. (;-,.mi li e•. 11Chools. nei4hhorh1J()dK. rnngn,~ulions. uml ult ur{:oni.uttion~ in"titutionK. und indi,iduulx in u commu - nity eun piny II n,le in huildin{: u• .. 1• for ~outh. Thi. bnwhun.• intn.duee• the u,...,t,., .hm, • their power ttnd J)N..'M'llCt' in )OUnlt people 0 11 liH·K. und ~i,c-!l N)n c·n.~e >'u(:~- tinns ror \\ hut ~OU ('lln do lo build UAA<18. 71, .. , \ • .!lf"I \ppn 111,f-lt: c;tl mi Ku.I,\\ 1.u, r/7tt'Y (\f'("f;/ ,o 'U('(W(L C,,1~M4h, 10011,.. s.._ .. rTh ln•.tu1 .-. i'\ICI s. Third Strrri. 'u,l"!.?'4\. i'l,nn~pul,., ~1N !\.""15. 1\II 1'11\ht• n-tttnt_J. l 'nl.-1.ahc,-..-, nci4..J in 1h.: 1.-i.l , nit pa1rt 1J1hf11 puhlic.tion ,n-~ l:i.,, rrpn.J~ m •n, tn•mwr '°'h.i .. lC"t'r, n,~nic•l 1,r r lt'rlrunw, "'.t:l.uut IWMtr 1w-rmi.N1 fnM'tl tht-pul,li.her. nn•pt 1n I~ quoJt11t .. ,n, or .umnu,,. .. ._ ,n artic l,-. ur "-'~i.."\11-. or u ind1,.Jual ,h..rt. or 4t'lllphtl fi-,r rJ~.aion11l u_. l·~w .dJ.tional prrm1•11on, ... r,h• lo l\.noi•tt.•t1• 11l S-...rrh l nlll1lutr . ', .. • • • 0 '32 xl ]- • News You Can Use A brief update on City happenings From : Leigh Ann Hoffhines on 09/22/98 01 :08 PM To: IAII E-Mail Users cc : Subject: NYCU • 0 ,. - Her,'• what blppened at tbt S•PIIIJlbtc 2111 c;tv council Mntioa: Non-Scheduled Visitors: • Pam Gibble addressed Council regarding Developmental Assets Public HHring: -No citizens spoke at the public hearing on the proposed 1999 Budget Council approved the following Ordinances on First Reading : . Council Bill No. 49. authorizing an amendment to the Pro Pun Systems, Inc . agreement • Council Bill No. 56, approving an Intergovernmental Agreement with COOT accepting grant funding for a motorcycle program for the Safety Services Police Division • Council Bill No. 57, amending EMC Title 7-6F IPettv Theftl to be consistent with State statutes -Council Bill No. 58, approving the assignment of a radio tower lease -Council Bill No. 59, approving the assignment of certain rights under the lease to the lessee -Council Bill No. 60. approving a settlement agreement in the case of Gesin v . the City of Englewood, et al Council approved the following Ordinances on Second Reading : -Council Bill No. 50, approving a License Agreement with Daniel Brost for encroachment of a barn in a water main easement right-of-way -Council Bill No. 51 , approving a License Agreement for a six-inch water line at Bates and Emerson -Council Bill No. 52, approving a City Ditch Easement at 3701 S . Logan Street -Council Bill No. 53, approving Southgate Supplement No . 138 Councl approved the folowing Resolutions : -A resolution approving a supplemental appropriation and transfer of funds for the Public Improvement Fund to cover higher than anticipated costs for Paving District 38. Council approved the following Motions: -Motion approving the purchase of compressed natural gas storage cylinders . Bid awarded to Natural Fuels Corporation in the amount of $34,859.00. -Motion to approve replacement heating system for the Servicenter . Bid awarded to J . J . Lay in the amount of $27,900. -Motion to approve the purchase of a motor-driven three-wheeled street sweeper. Bid awarded to Faris Machinery Company, in the amount of $84,865. -Motion to approve a contract for construction of Paving District No . 38. Bid awarded to Concrete Works of Colorado i n the amount of $1 ,100,644. Councl Members· Choice : -Motion to approve Mayor Burns' attendance at Housing NOW conference -Motion to reconsider holding a Public Hearing regarding the Newcomer Mortuary Planned Unit Development • Motion to enter into good faith negotiations including, if necessary, eminent domain powers, on the Public Service property, formerly transferred to them from Peter Kiewit, which abuts the Waste .. - "' - .. I • • 0 ]- • • • -----~----·-----------~~----'"- Transfer Station in Sheridan Please share this information with people who might be interested but don't have e-mail. If you have any questions, comments, suggestions, or items you'd like me to include in upcoming editions, please call . If you'd like to be excluded from the News You Can Use distribution lilt, call me, and I'll remove your name from the list. Thanks -Leigh Ann 1762-23161 '' •, .. • • 0 r 'l!) I • 0 I• • . . • .. 0 • .......... ~ .............. '""""' " ............... . ......... ~•·····~··" ................. .. • ,,,,,, ................ , ...... ,, ............... , w,-•" w,, .. , .... 1 .,,-•• .>111,\11'\f\\l\•,I•• ,,,~\ii' I • • • ... Ii, • 0 .. - • • •• 0 f • • • • '· .. October 5, 1998 Regular City Council Meeting • . , • . 0 • • 0 1 32xl