The URL can be used to link to this page

Home My WebLink About1998-07-20 (Regular) Meeting Agenda• "' - . ' -• • I• . • ' <. • • 0 • JULY 20, 1998 REGULAR CITY COUNCIL MEETING ORDINANCE f 4a. v,1 ~ ~ £ /. / RESOLUTION ~,r: Y' y. y, 86, 87, 88, 89 ;J • •· • 0 , 'l') v I • • News You Can Use A brief update on City happenings • 0 - From: Leigh Ann Hoffhines on 07/21/98 09:51 AM To: IAII E-Mail Users cc: Subject: NYCU I• Here's wblt blRPtotcl 11 tht July 20th c;tv council Meeting: Non-Scheduled Visitors -Clara Strogonova -Art Emison Ordinances approved on first reading -Council Bill 140, granting a Water line Easement at Bates and Emerson -Council Bill 141 , amending Paving District 38 -Council also set a public hearing on this issue for August 17 -Council Bill 142, approving an Intergovernmental Agreement with the City of Sheridan regarding Landscaping on South Santa Fe Drive -Council Bill 143, approving the vacation of a Utility Easement in Lots 1-3, Belle Isle Gardens (2nd filingl -Council Bill 144, approving the vacation of a right-of-way in the 1800 block of West Cornell Ave. Ordinances approved on second reading -Council Bill 129, approving amendments to the Telecommunications Ordinance -Council Bill 130, approving an amendment to the Englewood Municipal Code regarding Telecommunications licenses -Council Bill 133, approving an Intergovernmental Agreement with Arapahoe County to conduct a coordinated election -Council Bill 134, amending Title 8 (Electionsl of the Englewood Municipal Code -Council Bill 135, placing a question on the November 3, 1998 ballot regarding changes to the City's issuance of bonded debt -Council Bill 136, placing a question on the November 3, 1998 ballot regarding a Home Rule Charter amendment pertaining to Initiative and Referendum -Council Bill 138, authorizing the transfer of property to the Englewood Environmental Foundation -Council Bill 139, authorizing the lease of a building to be used as a Business Development Field Office Resolutions approved -Resolution 181, approving a supplemental appropriation of $6,488,000 for an accelerated site preparation plan for the Cinderella City property (including environmental remediation, demolition, fill material, and the construction of Inca Northl -Resolution 182, establishing fees for Telecommunication Faciliti,as licenses -Resolution 183, approving the Collective Bargaining Agreement between the City and the Englewood Employees Association for 1999, 2000, and 2001 -Resolution 184. authorizing the City Manager to execute an application for funding under the U.S. Economic Development Administration Title IX Adjustment Assistance Grant Motions approved -Motion approving the purchase of a sand and salt storage structure (bid awarded to Dome Corp. of America in the amount of $74.7451 -Motion to approve a contract for Codification services (bid awarded to Municipal Code •. • • 0 , I ]- - • ,.. • ·, • ~- Corporation! -Motion to approve a contract for landscape maintenance at South Santa Fe Drive and Hampden Avenue Ibid awarded to Schultz Industries, Inc . in the amount of $54,6501 Mark DYC lilflmllrs: Thursday, July 23 -5 to 9 pm: 6th Annual Art, Craft, and Hobby Show at the Waatewater Treatment Plant. Bring family and friends and enjoy art and entertainment. (Potluck dish optional.I Friday, July 31 -2 pm: Employee Appreciation Week culminata with an Ice Cream Social on the south lawn at City Hall. July 30 -August 2: Englewood Summer Drama Program -•Brigadoon• at EHS Fisher Auditorium. Call the box officer 1303-5 75-1343 for ticket information and ruervationsl Tues. August 4 -National Night 0\11 Please share this informa1ion with people who might be interested but don't have e-mail. If you have any questions, COIMlentl, suggestions, or items you'd like me to include in upcoming editionl, please call. If you'd like to be excluded from the News You Can Use distribution list, call me, and l'I remove your name from the list. Thanks -Leigh Ann 1762-23161 • ,, • 0 - • • • • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO JIiiy 20, 19'1 I . Cal•Or*r The iqular mcding of the Englewood City Council was called to order by Mayor Bums at 7 :34 p.m. 2. ._.._ The invoc:alion -gMII by Council Member Nabholz. 3 . l'Wl'f el Allepuce The Pledge of Allcgiancc WU led by Mayor Bums. 4. IWICal Present: Council Mcmbcn Nallholz, Clapp. Bradshaw, Habenicht. Waggoner, Bums Absent: Council Member Oanctt A quorum was present Mayor Bums advised that Council Member Garrelt's fada puacd away this morning and he bas left the state to aaend to that On behalf of Council, Mayor Bums olfen:d their sympathies and best wishes to Mr. GalTett and his family. 5. Mi.ea Also pracm: City Ma-,cr Seas City Aaaracy 8nllzna City Clat Ellis DinliDr OIIDa. s.rc.y Semccs Dinaar Ellaty. Nllic Works DiW Or,Jlewic:z. Fiwlcill Semccs Adila c.on:., ~ A 1 . "ze:-.i¥c Services DiWSiaflaa, Noilt twudada...e.De\cl1111n111 e,· -.~Kala (a) COUNCIL MUIKa altADSIIAW IIIOVU, AND IT WAS SECONDED. 10 APP.OW THI MINUTIES 0, 11R UGULAJl MU11NG 0, .JULY 6. I,,._ Ayes : Coacil Mclllbcn Nlllllolz. ....... Wagoacr. <llfp. Bums Nays : NGK Abluia: c-il Member Habalic:III Abaenl : c:o..cai Melllller Glm:a ,. - • • ---- • • 0 ]- l • l.aakwood City C••dl J•ly 20, 1991 Pqe2 7. N-W•led Vbiean <. • • I• - (a) Clara Slrogonova. 2749 South Broadway, advised 1h11 she was very disappoinced in a juclgcmcol against her. She got a ticket. she said, for not stopping al a stop line and the juclgc clmFd her S l 2S and be said she had two tickets before. Ms. Strogonova stated tbal the other two tickets were unjuslified. unfair, lying ... the police were lying in the tickets ... and she was chugcd and she paid. She said she wanted to invite the tclcvisioa, Tom Martino, and sec how they aJTCSl her if she doesn't pay the previous lidids. She noted thal the ticket before was written by the Englewood police. She staled she lloppcd her car betweea lines on Dmtmouth in the bus stop on the right side of the walk. Bcc:lulc she got a spasm in her leg, she C1111C out. pastccl the ligbl without imcrfering with any lnffic, between the light and the bus stop ... she had to straigbten her leg and the police stopped her and told her to go into the Walgreen's pning lot. Ms. Strogonova advilccl it took him half an hour to give her a ticket because be could not find, in the book, how to write the ticket. So, she llllinl8incd, be WrolC I lie tbal she stopped on I sccond line of the traffic and lhcn she was chlrpd $SI ... for what ... for nothing. This was the second ticket. The first ticket she WIS going on y ale turning left.. the light WIS green in the left line and she WIS fon:cd in the line, so she followed the cars and all of a sudden the left line changed for the green light to go across traffic. She said she lloppcd in the middle of the intcncction waiting Wllil the uaffic, across, passing by and she would go left. She said she did wait, but the last car was passing already on yellow ... and the yellow immcclialdy became red, so she finisbccl her intcncction on reel of course. lmmccliately the police lloppcd her and told her she turned left on reel. Ms. Strogonova told the police yes she tumecl left because she was waiting for the tralf'ic and be gave her a ticket for S7S . She said can you imagine and this is the tnllh, this "' - is justice? All of the society of America became sick. mentally clisturbccl people because of this unjustment. She advised she loaded her car and took a donation for the clogs and cats to the shop on Colfax and she stoppccl, she did not pul the emergency light ca SIie told the lbop 1h11 she brought I donalion IO sell for the clogs and cats and while llbe was talking with the awi lbal sold the men:hanclise, they gave her a ticket for stop, she did not put a dime in the meter. No mmpassion, no Wlderstancling ... nothing. She asked where this is going ... where is the-,, going ... who is extortion and for wbal . Do you need to build a city hall from money 1h11 you extort from people, what is going on? Is tt for die solidity of the gov«-!? She said she does not know, she WINS IO know, where is her money going? If she is guilty, yes she did not stop on the stop line, this is the truth and she explained why ... became she was slowly approaching the intcncction and ia fnlDI of her WIS I car and llbe just tumccl left ... it WIS I quan« to eleven in the morning ... no traffic ... ao pcclcstrians ... and she was slowly ... she hnccl left ... and she was coalinuing IO go ... she did not llOp 11111 dial -the trulh. She did not llOp dead. she just CllllliDuccl at maybe five miles per hour and Ille police came. Ms. Slrogonova said she llllcd them to pleue not give her a ticket, pleue DOI give her a lidld. She accl we do not ha\'C tolel.-police. She aid llbe came to the attorney and aid she did not llOp, dlis is the tnllh, bul there WIS no traffic, DO pcclmrian, llbe did DOI do aytbing to make it daap:rous. So, he gave me 011C point, ID she ~ IO Ille jadae and cxpll_iDed IO llim, this is my sihlllion and yes I did not llOp, lhal is the trulh and she cbarpd me S 121 . 1bis is no jl..,, •, she said, this is DOI right. you camat pullisb me ID bad. She told lhcm llbe 1m a a,mplainl about dais judgement. She was told she needed a aaomey , after SI 2S she needs a attorney. She asked if c.ounci1 can imagine lhll? She said she doesn't ha\'C the Sl2S and she needs an anomey to protes1 the Sl2S. She said she asked where she should go and was told she should go to IIIWlicipal oowt. Ms. Slrogonova aid she asked for a telepbone number and an address and they did not know the telepbone number, the address or anything. She a,mplaincd lhll llbe would have to speacl $2000 to fighl Ille Sl2S. Mayor Bums explained 1h11 our judF in this axnmunity is elcclcd and 1h11 is a separme branch of the Englewoocl govemme•. He said they ha\'C a full staff' and phones O\'CI' thcR and we don't CIOlllrOl what the judge does . Ms . SU'OgOIIO\'I asked why the oowt does not have the exact address and ldcpboae IIUlllher al thal appeal place. Mayor Bums IIIICd thal they eer1ainly do. She asked wbal they • doing O\'CI' lheR, wllll ae dley doing in the court, if they don't know the address and tdephooe al the higher oowt of appeal, bow come • . • • • 0 , • • • • Elldewood City Couacil JIiiy 20, .,,. PaaeJ Ibey don't know. Mayor Bums advilcd 1h11 they do, be assured her tbal they do. Ms. Stnigonova stated that Ibey don\ they asked each Giber if they knew they addras. She asked whll kind m admiaillralivc do Ibey haw in die cowt and they ..... 1h11 lhe spend anodlCI" few hundred clollln to figbl die Sl25. She said drmt you very much for Ibis • ..,..ion, bul lhe does DO( haw Sl2S to spend. Plus, lhe llid, lhe has also complained about the police, they haw to haw a little bit m compassion for the people, DO( ewrybocly is criminal, DO( ewrybody is bad people. some m them are nice people. So they made a mislake . Some people are bird working and earn their momy die bird way wilh IMll and blood. She said she wanlcd to find die 1111th wilh die dislricl aaoraey. -find the IIUlh with die clislrict auomcy ... she could DO( get from them the IIUlh ... from die poliQe . Ms. SlnJpaoYa advilcd tbat lhe bas dmcn for SS years, has an inlamlional licelllc, is 70 ycan old 111d lhe lmows bow to follow die rules. If she is wrong, she is wrung, but. she llid, plcalC don't lie, tell die lnldl 111d sbe will pay for trudl ... ~. Mayor Bums dlakcd her D CXIBliDg 111d told her be MS 11111)' she MS Ill upld. Ms. Stnlgonova said sbe hoped be would pea -.111 die ripl people 111d sbe hoped they would haw considenlioa for Giber people next time, becaa it has pam out m hand alJeady . So many people are mmatly and psydlologicllly disturllcd in dlis COUllby. sbe said, because m Ibis unjullic:c of die poliQe and IDljuslicc of the judges and UDjuslice ofdle taxpa)'a"S ... all die paperwork makes people crazy in Ibis counb)'. 1'bcR has to be an end to Ibis, WC Wlllll lO be hcahby. She SU.eel sbe does IIOl haw medical insurance, bccaulc: she can't afford this. and she llid, you make me the menially disturllcd person I am. She said sbe knows this whole public is sympadlclic: with her words ad people arc fed up wilh lhclc decisions or yours. (b) An Emia. advilcd 11111 lie pRIClllcd an issue to Council two weeks ago and be just wanted to c::omc 111d repol1 tbat be llas DO( llcad back )'Cl. Toaigbl however, be said, be spoke to Harold Stitt, die lllaff person, and it appears ID be a ilPIC with lllililies 111d jull appn,Yiag die fiml draft. He stated be is bope6al tbat a1 some paial Ille will be lllle IMaohc Ille iaue. aayt,c med with Council and see some of the dmils. But naialy, lie llid, llejllll...,.. IO repolt thal lie has DO( had a 1apon1C in die 11"1> was since die ... mcctillg. Mayor Bwllli aid 1h11 if be talked ID Mr. Slia dlCll lie ..... y had lbc 1*ll illfonnalioa. Mr. Em.. aid dial, yes, lie did. I. C-eicadeee,P..t ..... _.A.f,11 C 91 (a) A pn,c:tanwioa dec:lariDg Augwl 4, 1991 as NaSioaal Nlps 0. was CDalidercd. COIJNC1L IIIDDEll allADIIIIIAW IIIOVD. AND IT WAS SSC0NKD. TO Al'PllOVE A l'IIOCIAMATION PllOCIADIING AUGUST C, IM AS NATIONAL NIGHT OUT. Motion carried. Ayes: c-:il Melllllen Nallllolz. Bmllllaw, Habeaiclls, w...,_.., Clapp, ... Nays : NOiie Ablmt: Couc:il Melllbcr Cilnea Mayor Bums aid 1h11. as they all"-', our Neipbortlood WIida Program really tums OUl people for NaSioaal Nigbl Out for difl"erens pdlcrilp III IIOUIICI the Cily . He DD9cd tbat Ill or Council is ld!eduled al aewral places tbat ewning and be -....S -,body to be very active 111d patic:ipate in NalUal NigbtOul. Mayor Bums prelCIIICd the pmc:IMDalioe IO DinlC9ar OI-. Mr. OIIOa tbakcd Council YC1Y au::11 for dlis 111d DOied 1h11 everyone who pallicil*ld nlllizea wllat a big CYCDt lhis is. It ha really grown fha a fairly small ewnl to die size it is rigk DOW 111111. • dley bow, WC haw received llllliollll recopitioe for dlis. So, be aid. be thinks it speaks YC1Y hiply or Eaalewuod and the IUllbcr or pcop1e lhlS are OU1 Sllae. He -....S lhem to Fl oua aad me it aruund llld DD9cd 1111t. without a c1ou11c. they c:aanoc .... it ....s • • ]- • Ea&tewood City Cauacil J .. y 28, 1991 Paee4 <. • • • to all 1he different locations lhat are holding putics. But, he said, they try to get somebody as a ~ of the City there. so in some fashion he and Nancy Pdcrson will be linking up to hopefully get somebody to all of these parties. But, he said, it is just nice to have Council lherc just for a few mill'*5, if nodaing dse. to show their support for them. DircclOr Olson thanked Council and said they appn,ciate il 9 . Pablic Bari•& No public hearing was scheduled before Council. 10. C.-tApda (a) Approval ofOrdimnces on Finl Reading COUNCil, MEMBER NABBOLZ MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS It (a) (I), (II), (ii) 11114 (iv) ON mtST READING. (i) COUNCll.. BIU. NO. 40, INTitOOUCED BY COUNCIL MEMBER NABHOLZ A BIIJ. FOR AN ORDINANCE AlTIHORIZING A GRANT OF WATER LINE EASEMENT BE1WEEN THE CITY OF ENGLEWOOD, CX>LORADO AND STEPHEN AND LORI MILLER FOR THE PURPOSE OF INSTAIJ.ING A WATER MAIN JUST NORnt OF EAST BATES ON SOU1lf EMERSON STREET. (ii) COUNCll.. BIIJ. NO . 42, INTRODUCED BY COUNCIL MEMBER NABHOLZ A BIIJ. FOR AN ORDINANCE APPROVING AN INTER.GOVERNMENT AL AGREEMENT FOR MAINTENANCE OF LANDSCAPING ALONG THE SOlTlll SANTA FE CORRIDOR BE1WEEN THE CITY OF ENGLEWOOD, COLORADO AND THE CITY OF SHERIDAN . (iii) COUNCll.. BIIJ. NO. 43, INTRODUCED BY COUNCll.. MEMBER NABHOLZ A BIIJ. FOR AN ORDINANCE AlTIHORIZING THE VACATION OF AN EIGHT FOOT lTl1LITY EASEMENT ON THE SOUl1f SIDE OF LOTS I. 2 AND 3 BELLE ISL£ GARDENS SUBDIVISION, 2ND FIUNG LOCATED AT THE SOU11iEAST CORNER OF WEST TIJFl'S A VENUE AND SOUl1f WINDERMERE STREET. (iv) COUNCll.. BIIJ. NO 44, INTRODUCED BY COUNCIL MEMBER NABHOLZ A BIIJ. FOR AN ORDINANCE AlTIHORIZING 1lfE VACATION OF RIGHT-OF-WAY LOCATED IN 1lfE 1800 BLOCK OF WEST CORNELL A VENUE AND SOU1lf SHOSHONE STREET BY THE CITY OF ENGLEWOOD, COLORADO. Ayes : Nays : Ablcllt: Motion carried. Council Members Nabholz, Bradshaw, Habenicht, W...-r, Clapp, Bums None Council Member Gam:tt . . •, l • • • • 0 • • ]- • 0 • .. Ellliewood City Ca.Kil July 20, 1991 •• 5 (b) Approval ofOrduwlces on Second Reading COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (II) (I), (Ii), (iii), (Iv), (v) ud (vi) ON SECOND READING. (i) ORDINANCE NO . 42, SERIES OF 1998 (COUNCIL BILL NO. 33, INTRODUCED BY COUNCIL MEMBER NABHOLZ) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BElWEEN 1HE ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND 111ROUGH TIIE ARAPAHOE COUNTY CLERK AND RECORDER AND 1HE CITY OF ENGLEWOOD TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 3, 1998. (ii) ORDINANCE NO. 43, SERIES OF 1998 (COUNCIL BILL NO . 34, INTRODUCED BY COUNCIL MEMBER NABHOLZ) AN ORDINANCE AMENDING 1T1LE I, CHAPTER 8, OF 1HE ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO MUNICIPAL ELECTIONS. (iii) ORDINANCE NO . 44, SERIES OF 1998 (COUNCIL BILL NO . 3S , INTRODUCED BY COUNCIL MEMBER NABHOLZ) AN ORDINANCE SUBMl1TING TO A VO'IE OF 1HE REGIS"IBRED ELECTORS OF 1HE CITY OF ENGLEWOOD AT 1HE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO 1HE CHARTER OF 1HE CITY OF ENGLEWOOD WHICH WOULD AMEND SECTION 110 OF 1HE ENGLEWOOD HOME RULE CHARTER PERTAINING TO BOND SALES LIMITATIONS FOR 1HE CITY OF ENGLEWOOD. COLORADO . (iv) ORDINANCE NO. 4S, SERIES OF 1998 (COUNCIL BILL NO. 36, INTRODUCED BY COUNCIL MEMBER NABHOLZ) ,,_ AN ORDINANCE SUBMITTING TO A VO'IE OF 1HE REGIS"IBRED ELECTORS OF 1HE CITY OF ENGLEWOOD AT 1HE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO 1HE CHARTER OF 1HE CITY OF ENGLEWOOD AMENDING SECnON 46 OF THE ENGLEWOOD HOME RULE CHARTER WHICH WOULD CHANGE THE TIME PERIOD FOR SUBMITTING INl11A TIVE PETl110NS PRIOR TO AN ELECTION FROM SIX'IY DAYS TO NINETY DAYS . (v) ORDINANCE NO. 46, SERIES OF 1998 (COUNCIL BILL NO . 31, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AU1lK)RIZING THE TRANSFER OF PROPERTY KNOWN AS CINDERBJ.A CITY BY THE CITY OF ENGLEWOOD. COLORADO TO 1HE ENGLEWOOD ENVIRONMENTAL FOUNDATION . (vi) ORDINANCE NO . 47 , SERIES OF 1998 (COUNCIL BILL NO . 39, IJIITRODUCED BY COUNCIL MEMBER NABHOLZ) AN ORDINANCE AU1lK)RJZING THE LEASE OF AN OFFICE LOCATED AT 11 WEST HAMPDEN A VENUE TO BE USED BY THE ENGLEWOOD NEIGHBORHOOD AND BUSINESS DEVELOPMENT DEPARTMENT AS A BUSINESS DEVELOPMENT FIELD OFFICE . . . • • • 0 En&lewood City Counc:il July 20, 1998 Pqe6 Vote raulta: Ayes : Nays : Absenl: Motion carried. • 0 • Council Members Nabholz, Bradshaw, Habenicht, Waggoner, Clapp, Bums None Council Member Garrett (c) Resolutions and Motions COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (i), (ii) ud (iii). (i) PURCHASE OF A SAND AND SALT STORAGE STRUCTURE FROM DOME CORPORATION OF AMERICA IN 11IE AMOUNT OF S74,47S .OO (ii) CONTRACT Wl11f MUNlCIPAL CODE CORPORATION FOR CODIFICATION SERVICES . (iii) CONTRACT Wl11f SCHULTZ INDUSTRIES, INC . IN 1lfE AMOUNT OF SS4,650.00 FOR LANDSCAPE MAINlENANCE AT SOUTii SANTA FE DRIVE AND HAMPDEN AVENUE Voterealta: Ayes : Nays : Absent : Motion carried . 11 . Replar Apela Council Members Nabholz, Bradshaw. Habenicht, Waggoner, Clapp, Bums None Council Member Gam:tt (a) Approval o(Onlina(:a on Fim Reading (i) Dirmor Ellcrly pracnacd a rccommcndalion from the Dcpanmcal oC Plllllic "' - Works to adopl a bill for•~ ....., Paving DiSlricl 31 811d 10 ICl a public bearias ca dlil ilalC for August 17, 1991. He adviled tllcy arc reqlll:llins Coiacil approwe the onliamoc. wbich--* by Ro- creating and rc-eslablilhing PaviDg DillricS No . 31. TIiey RICIClllly look bids for dlis project. on,_ , ... and the prices were much hiper .._ CIUlallad. pllliallarty in the -o( CIOIICl'dc, be said. Pan o( dlll is attributed to heavy CClllllruclion ,._ ill die sea al thc adacr iart is tlllll thcR las bclCII a • ...,_ jump in oonacte unit prices, al tllcy lllve -tbal in thc bids. Basically, be said. Iba! Im rclllllcd ill a situalion where the BFFI FFPrNI would DCIC _. thc funds tbal would be cxpcndcd OIi the pnlject. Mr. ES1crly advised that they arc l"'lOOl!lmmdi• Qiuncil set a public hearing on the onlinancc for Monday , August 17°'. He explained thal would faci.litale ,etting the c::onslnlClion l18l1cd this year, in 1991, al would also lake advanlage o( the bid procas from June , bccaullc the comactor las agreed 10 ...... bis prices if wc can get back to him 111d ldl bim thal wc arc prqmal to give him a notice 10 proceed. Director Eslerty stated 1h11 they arc asking Council to vary from their nonnal proccdurc. so they can save a few wccb in consuuction time, and go ahead and approve, on the 17"', if they so chose, the l'C<'rcalion . Tbe filWICial impact is outlined under thal !leClion, he said. One of the lllings thal is of sipif'ICBIII note, be advised, is lhat. aside from jUSI thc concrc1e prices, they arc asking for an additional approprialion o( Sl 10,000 oC City funds, PIF Funck, to go into thc project and 1h11 is la-gdy for the City's ponion o( concrete in the project . However, he poinlcd out. the bulk oCtha&. allllOll SIS0,000, is for.__ work that wc had Wldcrcslimatcd when wc had originally developed the project . He said he would be glad 10 answer an y qUCSlions . ' • • • - • • h&lewood City C01111cil J•ly 20, 1998 Pa,:e7 . . ,,, -• 0 • Mayor Bums said the two issues arc the increased cost of concrete and lhe storm sewer wort . Director Esterly advised that one is lhe inaased cost of the adjustment to lhe assessments and lhe other is lhe additional funding for the City portion of the projca thal docs involve the stonn sewer . Council Member HabcnicN aaed if'dlis includcs axnc widening of Tufts down that hill as it approaches. She asked if that is pan oftbat. SIie aid she~ thcrc is some cooccm in the neighborhood in terms of truck traffic. Director Eltaly aid be is 1111( aft tbat widening is lhe rigbl lenninology. lberc is an addition of cwt,, gmtcr and sidewalk and ii is (IOing to a mndlrd section. Ms. Habenicht asked if tbat is that small area that bad been annexed into the City. Mr. Eslerty said be aJUldn't answer that question. Council Member HabcnicN DOied tbat lbcre is -real QOIICICfll, as we do that kind of stn:et impro\'Clncnt along Tufts Avenue, in tams ofbodl the ICbools, Cherrdyn and Clayton, and making sure that lbcre is a control of truck traffic thcrc. Director Esterly llatcd that the conln>ls tbat arc in place to deal with truck traffic, which we believe is thoroughly controlled right now , had to do with lhe i•ersection and the cwt, return portions that arc in place and that lhe Stale Highway Dcpartmcnl did to our design standards. This new section of Tufts would basically malch the cross section that is out thcrc at the intersection, that's created at the intersection. So, Council Member Bradshaw said it is not getting any larga. Director Esterly explained t,hat for lhe sections further back, the pavcmcnt would be widened. He said he aJUldn'I tell them how much they would be wiclcnc:d, but they can sec exactly how wide ii would be if they would look at what lhe width of the intersection looks like. Council Member Habenicbl said that, when they have lalked aboul this over lhe years ... ten years ago, eighl years ago, six years ago ... thcrc was some concern on lhe pan of lhe neighborhood there, lhat there be some son of additional tn:atmcnl that might make thal less ~ for lhe trucks . Very similarly to whal has been done to pro(CCt the nonh codacighbomood from the Cinderella City development Whether it be some sort of median or something. Director Esterly said he was 1111( sure what similar things she was looking for bul, basically. lhe tJalmclll, hiving to do with the gc,oaactJy of the iatencction and the radius of the cwt, returns that arc alrady in place al the iauncction, arc the a>ntJol measures that we sec pulling in place thcrc. He advised that we arc 1111( envisioning any addi~ conuol -. like• island in the middle of the 11rcet to diKICIUJalC that luming movement Council Member Habenicht said she would guess that is what she is asking about . Mr. Eslerly said we were not planniag that al this time and be was not sure a need for ii has been idclltificd. If thcrc is a need lo conuol thal kind of lnff"ic we can addras ii, he advised, but we haven't rcccady been made aware tbat truck tralfic taking that rouae is a prablcm. He st.alCd that, if the wort thal we do IUlll 10 C11C1J1m1C that, then we can addras il Council Member Habclliclll aid * docs DIil dlillk il is rip& -· bat sllc lllillb there is -COIICCl'II thal die impo.CIDCIIII that arc being loobd al could c:..acatllk a prablcm thal Im been lbcre iD dac.... c.-:il Member Bnidlllaw staled thal tlbe dlollpl pat of die ,-lbcre was a pniblcm thcrc. iD the pall, - wben Tufts weal all the way 10 Sam Fe. SIie aid lbe was 11ft thal was the tnlric cooccm tlllcy WCR w,y worried about . Now with thal airvc in ii, she felt it discoungcs traff"ic a lol in that area . DiRIClor Esterly stated thal, logically , thcrc is no lllJaaor 10 make a truck thal is driving down the Ind rouae , wan& to take thal route . lberc is no reason a tnlCk would wua to do thal . Council Member Habenicbl said thal she undcnlands that SIie just knows there is some cooccm and she thougbl she would express ii and make sure that is being looked al. Council Member Waggoner asked City Attorney Brotzman if he looked al this and this is lhe proper way to go about this. Mr. Brotnnan advised thal both he and our bond counsel have approved that and dais is the proper way 10 change that . . •. • ., • • 0 ]- • • • • . . Eal,lewood City Co1111eil Jaly 20, 1991 .... The City Clerk was asked to read Council Bill No . 41 by title : COUNCD.. Bill. NO. 41, INTRODUCED BY COUNCD.. MEMBER BRADSHAW A Bill. FOR AN ORDINANCE AMENDING PA VINO DISTRICT NO. 38, IN 1lfE CITY OF ENGLEWOOD, COLORADO; ORDERING 1lfE CONSTRUCTION AND INST All.A110N OF STREET PAVING, CURB, GlTITER., SIDEWALK. AND STORM DRAINAGE IMPROVEMENTS, TOOE1HER Willi NECESSARY INCIDEPirTALS; AND SE"ITING FOR11t 011fER DETAD..S IN CONNECTION Wl1ll 1lfE DISTRICT. COUNCIL MEMBER allADSIIAW MOVED, AND IT WAS SIICONDED TO Al'PllOVE AGENDA ITEM 11 (a) (I)· COUNCIL aDL NO. 41 ON PIIIST READING. Motion carried. Ayes : Cauacil Members Nabbolz, Bnidsbaw, Hlbeaicbl, Wagoaer, Clapp, Bums Nays: None Absent: Couacil Member Garrett COUNCIL MEMBER NABBOLZ MOVED, AND IT WAS SECONDED, TO SET A PUBUC BEARING ON COUNCIL aD.L NO. 41 FOR AUGUST 17, 19'1. Motion carried. Ayes : Couacil Members Nabbolz, Bnidsbaw, Habenicht. Waggoner, Clapp, Bums Nays : None Absent: Counci1 Member Garrett (b) Approval of Oldinwlel on Second Reading COUNCIL MEMBER aRADSBAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 11 (II) (I) AND (I) ON SECOND READING. (i) ORDINANCE NO. 41, SERIES OF 1991 (COUNCD.. Bill. NO . 29, IH11lODUCED BY COUNCD.. MEMBER BRADSHAW) AN ORDINANCE AMENDING 1TJ1.E 16, OF1lfE ENGLEWOOD MUNICIPAL CODE 1915 Willi 1lfE ADDITION OF A NEW 1TJ1.E 16. CHAPTER 5, SEC110N 29, EHITl1.ED TELECOMMUNICATIONS AHmNNAE AND TOWERS WIUOI ESTABUSHES STANDARDS FOR 1lfE DEVELOPMEPirr OF 'JELECOMMUNICATIONS .\NIENNAE AND TOWERS AND 11IE INSTALLATION OF REI.Alm FACIUTIES AND MOVING 11'11.E 16, CHAPTER 4, SEC110N 21 TO 1TJ1.E 16, CHAPTER 5, SECl10N lO, amn..ED SA'JEJ.JTE DISH ANTENNAE IN 11IE <lTY OF ENGLEWCX>D , COLORADO. (ii) ORDINANCE NO . 49, SERIES OF 1991 (COUNCD.. Bill. NO . JO, IH11lODUCED BY COUNCD.. MEMBER BRADSHAW) AN ORDINANCE ENACTING A NEW 11'11.E 5, CHAPTER 27, OF 11iE ENGLEWOOD MUNICIPAL CODE 1915 EN1TJ1.ED TELECOMMUNICATION FACILITIES AND TOWERS . A yes : Nays : Abscnl : Couacil Members Nabbolz. Bnidsbaw, Habeaicbt, w,.._.., Clapp, Buras NollC Couacil Member Glrrdt . ' I • • • • 0 - • E•&lewood City Cauac:il Jaly JO, 1991 .• , Motion carried. .. (c) Resolutions and Motions • • • ... (i) Director Oryglcwicz pn:Rllled a RICOllllDClldal from lhe Department m Financial Services to adopt a rcsolUlion appruviDg a supplcmc:nlal appn,priation of $6,481,000 and lnlld'cr of funds from die Capital Projecll Fund and Geacral FUDd to lhe Eaglewood Enviroamcalal Foundalioo for -accelerated • i*4* ... plan, iDdudiag mvironmealal raned~ demolition, fill llllllerials, and die CDllllnlCbcm « 1aca Nolda. He said this raolUlion -w -$6,411,000 to die Englewood EavinJall.-al F«-laliaa for die Cindaella City lite p,qarllioll. nic:11 iadudcs fiU lllllaial, dcwolilion, Clllllbmiaa « 1aca Nardi_. additional holding COlll. wbic:h an: die ClOIII i...-ed by 111c FoadllioD for die IICXl six aOIIIIII. He adviled dial die moaics arc aiming from die a-al F-, llllllflllUPlia walliaal fad balance, Ille PulJlic lmproYemcnt FUDd • die Capital PrajccU Fund for dlis accclcnlcd pla. The raolUlion -aaigned a number and read by title: RESOLUTION NO. II, SERIES OF 1991 A RESOLUTION FOR 11IE APPROPRIATION AND TRANSFER OF RJNDS FROM 1HE 1991 BUDGET TO 11IE ENGLEWOOD ENVIRONMENT AL FOUNDATION FOR AN ACCELERATED CINDERELLA CITY SITE PREPARATION PLAN. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -llESOUJTION NO. 81, SERIES OF 1"8. Motion carried. Ayes: Council Members Nabholz. Biadshaw, Habenicht. Waggoner, Clapp, Bums Nays : None Absent: Council Member Oam:a (ii) Director Ciryglcwicz piamcd a RC0111mcadllioa from !he Dcpartnait of Financial Services to adopt a resolUlion Cl!lbliwag fclCI for TdcoomDMM!icllioa Facilities Liccnlcs under Tide S, Cllapter 27 oflhe Englewood Municipal Code. He adviscid thal Ibis was read OD ICCOlld readillg OIi 11 (b) (ii) and in Title S, Cblplcr I ii rapiircs Council to let die fclCI for liccnlcs by rcsolution and dial is what Ibis resolution docs . It 1et1 die illilill fees for lhe tower• S200, die inilial facility 1ice111e fee al SIOO and an anUII -.I ofS2S. The resolution was assigned a lNllllllcr ad read by tide: RESOLUTION NO . 12, SERIES OF 1991 A RESOLUTION ESTABLISHING FEES FOR TELECOMMUNICATIONS FACILITIES AND TOWERS LICENSES UNDER TITLE S, CHAPTER 27, OF 11IE ENGLEWOOD MUNICIPAL CODE 191S. COUNCIL MEMRR BllADSIIAW MOVED, AND IT WAS SECONDED, TO Al'PIIOVE AGENDA ITEM 11 (c) (ii) -USOWTION NO. 82, SERIES OF 1"8. Motion carried. Ayes : Council Members Nabholz, Biadshaw, Habcnicbt. Waggoacr, Clapp, Bums Nays : None Absent : Council Member Oam:a • • • • • 0 - • • Eaaieweod City C•11eil Jaly 28, 1'98 .-.10 .. ,, -• 0 , . • (iii) Acting Co-Director Meadows presented a l'C(ll)mmcndation from the Department of Administrative Services to adopt a resolution approving the Collective Bargaining Agrccmcnt bctwccn the City of Englewood and the Englewood Eq,loyecs Association for 1999, 2000 and 2001. She advised that significant changes to this amtract would inc:ludc a 3"• inc:rcasc for the years 1999 and 2000 and a salary for 200 I will be ncgotialed in 2000. Under Aniclc 12, of .-gc 8, there is change in the wording of the last sentence. to read "pcnonal leave lblll be prorlllCld for employees beginning and tcnninaling employment with the City during the Ncwanbcr I, October 31 lime period." Ms. Meadows explained that the previous contract indicalcd the lime period is during the calendlr year and this was a clarification of when the actual personnel lcaYc would be paid ID lbe cmplo)'ccs. Under Aniclc 33, and she said, this is actually a new article which atablisha a Labor Mr 1 • Commiacc. 1bc Labor Me....,.. Committcc would consist of four IIIClllbcn appoilMcd by lbe Union and four mcmbcl"s appoimed by the City. 'Ibey shall meet on a quaterly basis and will deal only with group iaa Iba& arc DOI dealt with through exisling allllllliaccs or ~ pn,cedurcs. 1bc Union will 11:ad il's qenda items to the Administrative Services Director • least one wodt prior to the day of the quancrly meeting. She asked if Council bad any questions . Good job, Council Member Bnidsbaw said. Ms. Meadows thanked her. 1bc resolution was assigned a number and read by title: RESOLUTION NO. 83, SERIES OF 1998 A RESOLUTION AUTHORIZING 1HE COLLECTIVE BARGAINING AGREEMENT BETWEEN TIIE ENGLEWOOD EMPLOYEES ASSOCIATION AND TIIE CITY OF ENGLEWOOD FOR TIIE PERIOD OF JANUARY I , 19991llROUGH DECEMBER 31, 2001. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Iii) -RESOLUTION NO. 13. SERIES OF 19'1. Motion carried . Ayes: Council Members Nallllolz, Bnidsbaw. Habenicht. Waggoner, Clapp, Bums Nays : None Absent : Council Member Ganeu (iv) Dilmor Sialpma preacated a rectlllllllClld fnJm die DqabDCIII of Ncighllorhood and Business Dewlapmeal IO adopt a rcaolutioa audlorizillg lhc Cily Manapr to cxecwe an appliallioa for funding under lhc U.S. F.-ic De\dopmcal Admiaimaion Title IX A ...... AaillaDCC G...w . Mr. Si...,. aid they ue ........ lhll lhc City COUIICil prc,vidc audloriDlioa for lhc City Manapr to apply for lhc ~ l>e,dapmc• MmiDillnlioa 0.... He DOied this is kind of a confusing process . b is always fM:iDMina ao Mlt willl lhc Fcdclal JIMIWIII. He adviled they applied for lhc pana previously, to go dlnJu&h Iliad of a pre aclectioa procca and they have acbicwd ti.a~ IClcction procca and it looks lille we will be paiag -J1WM 1h11 we requCIICd for $800,000. But-. be said, we have to fomally apply for 1h11 aad ii will be in a very fast 1un1 around lime. As -primary ,ep,CICIMalivc, be said, Mr. Scan would be availllllc to sip on Iba& pant and applying for it. Then we will JO dlnJu&h the formal appliallioa and -wbcdlcr -n:,ceivc that. Director Sims-,n adviled that the probability of receiving the pant. • this poi-. is cxuancly •rong. But. be commcnlc:d, he doesn't want to COUIII our chickens lllllil WC hive lhc _,-ill 1-d. The resolution was assigned a number and read by title: RESOLUTION NO. 84 , SERIES OF 1991 • • ,; • • 0 • E•&lewood City Council Jaly 20, 1998 Pqell <. • 0 I• • A RESOLlITION AUTIIORIZING THE CITY OF ENGLEWOOD , COLORADO TO FILE AN APPLICATION WIIB THE UNITED ST A TES ECONOMIC DEVELOPMENT ADMINISTRATION : Tl11.E IX ECONOMIC ADJUSTMENT ASSISTANCE GRANT TO FUND ASSISTANCE TO DEMOLISH A PORTION OF THE CONCRElE PARKING STRUcnJRE ON THE CINDERELLA CITY SITE. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iv) -RESOLUTION NO. 84, SERIES OF 1"8. Council Member HabcnicN said tbal. since we don't have any formal dcvclopmcnt agrccmcau, or any such thing ... and she knew we were talking about a potential tenant al the site or IIOllld>ody alllling imo the site ... sllc albd iflhis is ill ay way tacitly prc,,.ppoving IOllldhing that hasn't c:omc through both our Plwling wl z..o.ung Commillion and ay clcvdopmcnt agrccmcnt. or what have you, thal we have. Dirmor Simpma said be -a lialc confused, thal this is a resolution dial is only dealing with die Economic: Dcvdopmcnt Adminillnlion. The EDA people had set a few conditions upon this ~. One of thOlc ClOllditions was that we have compliance from any potential tenants that might be on site and they talked to them about those potential mailers thal would be coming. One of those potentials, be said, would be Wal-Mart and they had some concerns that in the past Wal-Mart hasn't always shown a willingness. Mr. Simpson advised we have been working with Wal-Mart very closely and Wal-Mart has given everything, from a paper standpoint, all their compliance papers and that was sufficient to the Economic Dcvclopmcnt Administration to be able to move forward to grant us this money . Council Member Habenicht said she would like to ask the City Attorney if be would verify that we aren't in any way committing ourselves or the City or making us in any way more liable 10 any kind of possible promise or intcntive promise of doing IOllldhing by voting for this . City Attorney Brotzman advised that what they arc allowing is the City Manager to sign off on this applicalion. This wiU c:omc back to City Council for formal approval in an ordilancc formal in the future . Council is IIOI. be stated. pre-approving anything at this point And, Council Member Habenicht asked. if anything ever lmppcns, this is DOI -son of breach of promise kind of thing or anything like that. City Attorney Brotzman advised that you can tum the money down. City Manager Scars asked. jlllt to follow up on thal. since Wal-Man did comply with woning with daa on this and basically EDA is unewbal relying on thal information given to them. in ~ of die teaml mix and thca being potential paty dlcR, 11111 if they don't come to the silc. does the EDA 0... ID away or does it dcpcad OD the lmul mix al tllll time . J>iRICIOr Si111p1011 llaled tllll it would dcpcad OD the ._. mix al the time, of course. He explaiaod 11111 die way the EDA Gr.-is eaeaually conditioacd is dial it is tied to jobs. And wbal they like to do is they gr.-->' baled on the aaallcr of jobs 11111 ~ Cllllling to a propmy . In this panicular case. be said, we count jobs for each rclailcr or m offiCle and dial kind of direction. So , be advised, they lad talllcd to them about lbc pdimimry mix of ICIWlls and thOlc, at the time. were Sony and Wal-Man . He noccd tbal. as be said bcfon:, Wal-Mart a'CalCld some level or- with the Economic Development Adminilbalioa and we have addr'CIICd all ti-alllCalll ... Wal-Mart bas actually addressed those concerns, adequately enough, for us to move formally into this pnx:as with the E.conomic Development Adminislralion, and it docs IIOI oommil us . He said be thought it wa a real positive sign that Wal-Mart was willing to do this, because it is IIOI IOllldhing they have do to. So, Council Member Habenicht said. that could lave llood in the way of getting this money . Director Simpeon advised that they could have stood in the way and we would have lost $800,000 lad Wal-Mart IIOI bcco willing to agree and so be would tell her that she should view it positively on the pan of Wal-Mart . Council Member Habenicht said okay. VoCerealll: . ' • • 0 • • En&tewood City Council July 20, 1991 Pqe12 (. • • , . • Ayes : Council Members Nabholz, Bradshaw, Habenicht. Waggoner, Clapp, Bums Nays : None Absent : Cooncil Member Ganett Motion canied. Director Si.mpllon advised thal he would keep Council informed as they receive word that we get the grant (v) A raolution l'CICOllllllald the appointment of Shawn Leonard to the Englewood Housing Audlority -c:oasidered. Mayor Bums said that, speaking as a member of the Housing Audlority, he can advised that Mr. Leonard came to the last meeting olthe Audlority that was held on Julys"'. It was actually the Jwie meeting, but because of lack of a QUOIWU, it was held on July glh_ He made a very good appearance and the Housing Authority unanimously approved him. Mayor Bums noted that he knows that legally they don't have to do that, but they were quite pleased with him and recommended that the Council recommend that he be appointed. Council Member Habenicht asked if this is a mayoral appointment. not a COW1Cil appointment. Mayor Bums said it is, that as he undenlands it it is after recommendation by Council. So a recommendation of Council is the correct procedure. So this resolution, Mayor Bums said, recommends the appointment. The resolution was assigned a nwnbcr and read by title : RESOLlJTION NO. SS, SERIES OF 19911 A RESOLlJTION RECOMMENDING 11iE APPOINTMEJ\rl' OF SHAWN LEONARD TO 11iE HOUSING AtrrHORllY FOR 11fE CllY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER WAGGONER MOVED TO APPROVE AGENDA ITEM 11 (c) (v) • RESOLUTION N0.15, Sl:RaS OF 19'1. MAYOR BURNS SECONDED 111£ MOTION. ,, - Cooncil Member Bradshaw said lbe -.Id like IO have somc discussion on this . She advilCld 11111 lbe is still having somc trouble with~ 11111 lbe thought they were wocting through ii 11111 lbe apprccialed everyone litlcniag wllilc * -W lllroqll it But. she asked. why is Council inlaviewillg candidllcs if they need IO go dnugll the Housing Authority. She said that is whm: she FIS c.onfuled. Then they remand it back to the Housing Audlority to say this is the pcnon we want in our group 11111 Ihm it oomcs back IO Council . Ms. Bradlbaw COIIIIDCIIICd thal that jusa seems confusing to her. Mayor Bums said, to give some billOry on this. that he thought this llillll1ed with Jim Taylor back in the 70's . The Housing Authority asked. if there was a candidale lbal the Mayor was going to appoim. could they sit down with the Mayor and talk lboul who it was and IO forth and ICC what their backpound was . Mayor Bums staled it was a COUJ1Cly -all it -and that is all it really is !Oday . He doesn't have IO come IO the Housing Authority IIIOCling • all and in fact, Mayor Bums said, there was no vote taken per se about him, it was jUSI a consensus. It was jUSI a courtesy that the Housing Amhority Board asked if they a>11ld ICC him or talk lo him . Council Member Bradshaw said when they were son of divvying up who docs what for different authorities and things like that, that the Council made a recommendation that Council Member Clapp be on the Housing Amhority and then that didn't go anyway ... there was no interview with the Housing Ambority, • • • C - 1 • • Eapwood City Council Jaly 20, 1998 Pqel3 <. • 0 • to her knowledge, or anything like that. So, Ms. Bradshaw said. she thinks it is a mayoral appointment, it can be done without Council's approval, so she is going to abstain. Council Member Nabholz advised that she would have to abstain for the same reason. She said she was very impressed with Mr. Leonard, when they interviewed him for a board and commission, but that she feels that as a Council Member she has no say in who goes on the Housing Authority Board, that is left up to Mayor Bums and the board. She asked if there was a legal problem with that. City Attorney Brotzman said no. Council Member Clapp advilell that she would be abstaining for the same l'CIIIOn, that she thinks that if the Mayor is going to appoinl, that be sboulcl go ahead and appoint. If that is the proper proccdurc, she said, then Ids just follow the proper procedure . Council Member Wagoner said 11111 if that is the case, he would suggest that they don't interview anymore for the Housing AUlhority . Council Member Bradshaw said that is right. Mayor Bums said that is a legitimate question, the interviews have been done for many years and there was a question as to whether Council should or should not. Council Member Waggoner said it is actually a waste of time, that he didn't know why it wasn't brougk up before, why it wasn't addressed before. Council Members Nabholz and Bradshaw agreed. And how it got to the process, Mr. Waggoner said. and why the Council that did interview made the recommendation. Mayor Burns asked City Attorney Brotzman if that was comet. that a Council recommendation is not necessary . Mr. Brotzman advised that Council doesn't have to make a recommendation, this can be a mayoral appointment. He said that we have done this as ceremonial in the past. so Council can say be went through the process. Council Member Waggoner noted that they have done this for the lasl IS years. since he has been on Council anyway. Council Member Habenichl said she wanted to clarify that the position of the Mayor is within our Cllarter. is it not ... that is whal appoim the Council reprcsentalive ... all members of the Housing AUlhority . She asked if that is it. City Attorney Brotzlmn advised that is actually by State Statute. Council Member Bradshaw asked if URA is the same . City Attorney Brotzman said one other is the same. Ms . Biadstlaw said she tboupl ii was URA not DOA. because they put that in the DOA thing when they created thal. Mayor Bums said they may want to withdraw the reaolution . Council Member Clapp said she had just one question ... that they determined a long time ago that it was or it was not a conflict of interest to appoint as Mayor 1111d also be chair? She said she just wanted to make sure that legally ... City Attorney Brotzman advised that you can do both and all COW1Cil people arc going to have this same problem when you sit on that separate board and they arc doing transactions, business transactions between them, which is true of anybody sitting on that board, that you have to abstain from voting. Then, Council Member Bradshaw said, she has another question. She asked if we have an agreement with the Housing Authority on anything and anyone of us who would sit on the board. but particularly the Mayor who sits on the board, not chaimwl. should those agrcc:ments then be signed by Alex Habeaicbt, on behalf of the City. because he sits on the board. She said it would be like making an agreement with yourself. Correct. City Altorney Brotzman said. and there arc very few exceptions, one is a real Cllale . ' - • • • 0 Ea&lewood City Council Jaly 20, 1991 Pqel4 ~- • • • transaction ... there is one section of the Charter that n:quircs the Mayor's signature, but the ochers do currently have the Mayor Pro TCID'S signature. MAYOR aURNS W1111DREW HIS SECOND. THE MOffON DIED JOR LACK OF A SECOND. Mayor Bums noted lhat Dan Bromun's poinl is well taken. tbal anybody on the Council 1hat sits on lhat board would have certain confticll, the cllaimai position doesn't have anything to do with lhll. it - Im. ,, - Council Member Habmic:111 said lbe MIiied to poia out tbat lbe does DOl 1bink tbat is the question. that the question is wbetber there is a c:oatlic:t in baviag the llllbority to both appoint and serve on 90llldhing. She DOied tbal is where it bcc:omcs I question of conflict. Council Member Bradshaw said she did DOl tlfu* any other mayors have ever been on it Mayor Bums said she was right . Council Member Habenicht noted it mtlly makes it very sensitive, because then what you are having is IOIIICbody wllo says 1hat they arc appoiMing who they arc going to serve with. And., Ms. Bradshaw said, she did not think any of 1bCID lave thal anywhere else. Ms. Habenicht said tbat is where the coaOict comes, it doesn't QOIIIC from ICl'Viag on it and then laving dill'crenccs. It oomcs from having the ubority and power to both appoiM and ID thal is I lot of power to dClterminc what decisions will 1X>111C from that board, tbal is the c:onccm. Mayor Bums conuneaud tbal the poinl is wdl taken. thalilc IDlentands. Council Member Wagoner llltcd it ii oaly I conflict ... COIICClll if the individual makes it I conflict and I coaccm. Penonally, be said, it doesn't bolbcr him. And of course, Mayor Bums noted, be was a1rady on the baud when be became the Mayor so be didn't appoint himself or anything like tbal. He said be appRICialcd their 1bougllb on tbat, that be thought they were helpful . 12 . Geeeral ..__.. (a) Mayor's Choice (i) Mayor Bums noted wc bad tbc ia:ait bapdy of two c:llildlm wllo wcre locbd inside the raripnlOr OIi the resideacc of Soutb U.-and lie DOWI WC have m onli...a: OD lhal. He llatod that is a trap: cirallllltacc ad lie llaped that all tbc c:ilizem of EqlNoocl arc aware of dial orcfualc:c and the need to take the locks off 1bole doors or take the doon off rarigcrMOn that arc no lonpr pluged in, to avoid Ibis kind of I trapdy in 1bc flltlR. Or, Council Member Bradshaw said, lnlllks or anything like tbal Iha& children can bide in. Mayor Bums agrccd, IIYiDI aaytbills like dlal that c:llildrm would WIIII to bide in. He llllod dlal was jult I trap: incidcat. (ii) Mayor Bumi CIICIIUlapd ewrybody to be ac:tM in 1bc Nip& Out. (b) Council Member's Choice (i) . ,. I • • 0 - • • 0 l• • 1. She lhankcd everybody for their Wlderslanding and their .-ticncc with her in the last few weeks . She said her modlcr had hip replacement surgery and it has not gone well, things are still pretty intense. She thanked Council and Slaff for their suppon and Wldcrslanding why she missed Study Session last Mondaynigk She also tlanked Council Member Bndshaw for aucnding the Code Enforcement mccting Thursday night in her place, because they had a traffic meeting on the Danmoulh traffic. She apologized for not making the dcdicalion of thc sundial in honor of Pac:lcy Romans, but she was donating more blood for her Mocher that morning. Ms . Nabholz said she thought they accomplisbcd a lot in thc meeting that was held in regards 10 the traffic and problems on Dartmouth. She opined they have some ways to go and some signs 1h11 still need 10 be pulup. 2. She said she appreciates and needs to say thank you that this code violation appcan:d on her door. She advised she had her neighbors dump truck parted in her driveway and so this shows her that there is not selective enforcement and she appreciates this. Ms . Nabholz stated that she sincerely hopes that it continues. that we don't have selective enforcement. She noted that time will tell on that one. 3 . She thanked Gary Sears for his personal phone call. calling all of Couricil in regard to the tragedy of thc two little kids. 4 . She said she would pass out her report from CML . She noted it is very brief and there are praents to Council at their seats. One of the tllings, she said, 1h11 she IOolt away from there. which she doesn't have enough of in her life, is humor. Karen Sussman did a pn:sentalion at the WIMG breakfast and then also • the Mayor and Couricil members 118:hcon . She said she thinks with the decisions they are malting sometimes things get very intense and we need 10 all lM1gh sometimes. Ms . Nab110lz lhanlted Council for the opponunity to attend. Mayor Bums said thal his report is about 9S% complete. Council Member Nabholz noted she is graeful that she has finally earned all of the credits so she finally go( her lctler from CML. Council Members Bradshaw and Habenicht offered their congratulMioas. S. She asked. regarding the concrete cutouts for the handicapped that we received a grant for, ifthal is still moving further down . She said she knows thal they have ail several comcn. but there has been no replacement. Director Simpson said it is under COIISIIUdion. Ms. Nabholz said they quit at Bannock and they laven't been back for problbly three weeks ... they have done a lot of aits. Director Simpson advilCld they would follow up and report back . (ii) Council Member Bradshaw: I . She said she wanted lo thank the Pns Dcpanmcnt for an excellent. excellent facility at Roman's Park . She noted it is just really pretty and she hopes it can stay that way . Ms . Bradshaw said she knows lhal is a difficult park to handle some times . 2. She advised there is a traffic ~ basically on Danrnouth from Broadway to University and thole people are barreling down there. She said she followed one of her neighbors up to his driveway and told him that we don't go 4S miles an hour. She commented that she knows you shouldn't do that, bccaUle somebody could have a gun . But she followed him up there because he has this huge SubwtJan and he wu Dying from Clartson on to Franltlin . She said is was just amazing and it was pretty scary . . ' .,; • • 0 ]- - • Eackwood City Council July 20, 1998 Pqe16 !. • 0 t• • 3. She said she wanted Council to pal themselves on the back, because tonight they made some resolutions that really got Cinderella City going and they all deserve a pat on tile back for their hard work and staff too. (iii) Council Member Clapp said she had a question for Council Member Nabholz. When aean, Green and Proud does their community clean-up, she asked if there is ever an opportunity to get rid of some of these old rdrigenlors. Ms . Nabholz said yes, there is usually a SS to $8 charge because they still have the freon in them, which needs to be removed . Thal is what Waste Management charged the last time. Council Member Waggoner asked if they don't also make arrangements with a group that picks those up . Council Member Nabholz said there Wied IO be ... she didn't know if they are still there, on the other side of Plane River Drive, that would come by and pick them up ... A rs Appliance . Council Member Bradshaw advised that Becker's Wied IO. Ms . Nabholz said there are a few out there, but yes there are opportunities IO get rid of them. Council Member Clapp suggested that maybe next time we can let people know . Mayor Burns opined that that is true, all it takes is one and you have a tragedy . (iv) Council Member Waggoner said he thought they all got Ibis from the State or Colorado, Office of Legislative Legal Scrviccs. this talks about personal care boarding homes in the residential neighborhood, but it probably also applies to group homes. City Attorney Brotzman said that was correct . Mr. Waggoner noted he was not sure he Wldcrstood what it said, that it seemed like it said, just like wc have heard before ... you CID have all your nice 1.00ing rules and regulations as long as they don't apply to us . City Attorney Bromnan said that is right and there was actually a note that they didn't get on top of this one . He advillcd tllll it came.n from Tom Blickcnsdcrfcr and he's still working with the Attorney General's office and they bwardcd dlis IO him and he knows this isn't the answer wc wen: looking for. So, Mr. Brotzman said, be is stiU having them do ..-rch and WC forwarded it Oii lO Council. So basically, Council Member Bradshaw said, they can put anything, anywhere in our cities thal they want. Anywbcrc, as many as they want, Council Member Waggoner said. Council Member Wagoner noted ma. even the lcgislalivc rules say there has to be a ccrlain dilllllCe bdwccn the homes, as be undcrm>od iL City Attorney Brotzman said that was right. Council Member Bnldlhaw said that if they could Fl Tom Blickcmdcrfcr IO dlangc that to 1000, 2000 feet . Council Member Wagoner IIIICld they haven't addn:sacd ma. yet. have they? City AU-, Brotzman advillcd that that ii the qUCllion WC were llking the AU-, Ocncral's off'ice 111d they IIIYca'I amwcrcd -yd. Mayor Bums asked if that is still back IO the~ i11UC too . City Attorney Brotzman said 11111 ii right. Council Member Habcnic'-said that she has broughl this up from time to time at CML in the lasl year aad did have a call from a member ol the Nalional League of Cities Steering Committee . She was tdliaa la, Ms . Habenicht said. that -people ill either Wia::onsin or Illinois, one of those SlalCI back dleR, wen: cxucmcly concerned about this i-as well . Ms. Habcnic'-said she had wanted IO 111111c -11111 we were awaR ol that and thal we amt to be in touch with them, because there are other coauauailics aaaa the nalion who are having -ol tlac very, very same questions and conc:ems 1hll we are lllviaa- Council Member Bradshaw said Manllaaan in New York is having a horrible time ... Rudi Melli..-would be the pcrDI to Fl • hold ol tllcft. . . -_ ______..... ...... ' '"·, •. • • 0 , • • Ea&lewood City Council J•IY 20, 1991 Pqe17 ,. -• 0 • So, Council Mcabcr Habeaidll llicl. dlis is oac a( lhc rcuons she thinks it is so important to mainlain our participalion in the Nalmal l...c:lpe o(Cit.ia, the Colorado Municipal League ... it is time we stan talking with each odler ad .......... dlis prdllela is ad! tlat we can bring to bQr some influcnc:c on IOIIIC lcgislalM damp .... -loag--. Council Member w..-, 8lbd if M can lCI -own distance regulations. City Attorney Brolzlmn advillCd 1h11 -pn,blcm is. • dlat aemo llalc5, that you can SCI them, you just can't enforce them So, Council Mcmbcr Habeaic:ht aid, M a-' to be asking this question of our congressional candidates . Council Members Bndlllaw ad Nlbbolz said CXK!ly . Council Member Wagoner c::ommcntcd that it was sure a waste of a good tree, because there is about five pages there ..... ays ablolutdy nothing. (v) Council Member Habenicht : 1. She said lhe also walllCd to thank everybody for the wonderful presentation 1h11 was made 11 Ro111311's Part. She noted lhe wanted to say, especially , how proud she was to be able to hear the comments of the Mayor and Council Members Bradshaw and Waggoner ... it was really neat . She said she thought the speeches they gave were fantastic, but she must say 1h11 Bev Bradshaw's topped them all . Ms. Habenicht said it was very hearlfdt and wann and she enjoyed it very , very much and it is beautiful. She offered congratulations to everybody who had any part in that. 2. She noted her CML report is about 5% clone . 3. She said that she had a really difficult time undcntanding what that woman was saying, who was speaking to us at the beginning. As lhe was listening she said she did hear that there was a lot of anger, she had an extreme amolUII of anger. And one thing that she son of picked up, and, she noted, she might be wrong, because her hearing isn't always the greatest and her listening might not always be the best ... but she heard 1h11 she was extremely angry and what seemed to be making her angry, more than anything dlC, is what we do in terms of ... and we have approved this in the City ... but maybe we need to look at this and how this affects people in terms of pica bargaining and the like. Like when you run a red light and they give you a ticket for an obstructed windshield. but my windshield wasn't obstructed or something like that . Council Member Habenicht commented that she did not know what all lhe was talking about and what the concern was but she heard there was some anger and frustration in terms of ... lets be honest and dira:t about what we arc dealing with and maybe we just need to be listening to them . Council Member Nabholz advised thal she has talked with Ms. Strogonova nwncrous times and there i.. been several messages left on her IIISWCring ...:hinc and she is a very angry woman. She COIIUIIClllcd that when we break the law we have to pay the price and it has not just been one infraction or two. Ms. Nabholz noted that Ms . Strogonova has dealt with everybody here II City Hall and she has personally given her the number and address to the District Court and she has spoken with the Assistant City Attorney Nancy Reid in regard to what her appeal process is . She opined that everybody has really bent over backwards to help Ms. Strogonova and lhe waits the slate wiped clean . Mayor Bums said he sat on that coun as an assiSlanl judge for many years and obviously her fines have escalated as her oomber of violations have escalated and she admitted on two or three occasions there 1h11 she did have a violation. So, he noted. 1hc wants to change the system or just have someone not give her a citation. Mayor Bums commented that he was sorry she was so upset, but she has been through the sy11em and had several violaions and the flllCI thal go with them . Council Member Habenicht noted that, as lhe said. she didn't really understand what was going on . •. • • • 0 - • • Ea&lewoocl City Couacil J•ly 20, 1998 •••• • 0 t~ • City Attorney Brotzman cornmem:d that she liked the pica bargain, she just didn't like the ftne . City Manager Sears advised that Ibey have worked with her on numerous oocasions and there are legal aid opponunities • no cost. Uniwnity of Denver Law School was named, by Mayor Bums and Council Member Bradshaw, as a possible IOW'CC of assillancc and Mr. Sears advised thal he personally gave her lhat name and nwnber. Council Member Nabholz noted that she just wants it all wiped clean ... and we arc all evil. Council Member Bradshaw noted that she has talked to Sue Bradshaw also. Council Member Bradshaw said lhe felt 11> helpless up here when a member of our community -this upeet and she didn't know whit to do. Mayor Bums noted you don't n:ally, but that he could rad between the lines when she was speaking as to what was happening there. But. he agreed. we don't like to see people that llplet. Council Member Bradshaw said she just wondered if Victim's Assistance could do any counseling ... that she just didn't know . Council Member Nabholz pointed out that the problem is that she doesn't listen. Ms. Nabholz said she felt that we have all tried to worlt very kindly and graciously with her and she is back in your face or leaving a message about how she is going to get you ... they are very halcfuJ messages. 4. Council Member Habenicht said llbe Wllllcd to bring out ... and she knows that they have talked about this and this is one of the lhinp that when she used to talk Council Member Bradshaw a long time ago, just about things that weal OD ia the City, Id Council member kind of stuff, but just talking with somebody ... and she would tcll lbolll what it used to be lillc on the Council a long time ago. Ms. Bradshaw, Ms. Habenicht said, 1alkcd about a lot olthe brainllonning that used to go on about maybe we need thiskindofbusillCII in Enpewood. maybe WC need dlis ... andewryboci)' l&allcd toworlt IOpilbcrto do this. Ms. Habenicht llalcd that lhe knows that -the years that has 11111 of DOI hlppencd and lhe thought maybe a lot of it -due to the nepuve implCII of the cconomy and all that . But. she said, lhe thoughl maybe it was time that we do ane 11101e of lhat lninsaorming that Ms. Bnldshaw tallied about and that she son or looked at longingly -all the years she has been on Council and ii has _. been something Council has allowed themselves to do. She stated that she thinks. when then: is a vacant space in the community, thal Council needs to stan talking about it and talking among themsclves in Study Session and the like. Council Member Bradshaw said lillc Pier One . Ms. Habenicbl said ya, like Pier One and all lhat and other propel1ies. SIie aid llbe knows they do lhal at the six1Jl(:k and with the EDDA, but she thoughl we just need to do lhlll -. that wc need to all do that -. just lalk more openly about what it is we want to see and stan inviliag people in . She opined 111111 it is almoll like we i.ve been a c:lo.l community. Mayor Bums said he thought that would go along with, especially. on Broadway, as the South Broadway Action plan as thal comes along ad of counc they are doillg a lot of brainllOnning on Cindcrdla Oty. He opined lhat Council is very imaated in filling VKmCies and 1h11 would go along with the Soutb 8lllldway Aclion Plan. He said he hoped that would be a real catalysl to get people inlen:saed in Soutb Broadway. as well as Cinderdla City . 13. (a) City Ma-,er Scan said he appra:ialcd llafl'1 wort 1M week and Coullcil'I 111M1en•ding ... week whca hew out of town . He advised lhll llc bows Jenell Bia 111d ml! did a good job of uq,iag thinp going. 11lere are a lot of iaues out then: and. he Ucd, he knows tllal ml! is . . "'~ • . • • • 0 I - - • EapwOCMI City Council Jaly 20, 1991 Pqet9 <' • 0 , . • working exuemely hard on the various issues and he wanted to say thanks to them for the wort lbal they are doing. He noted wc are moving ahead on the Cinderella City project. (b) City Manager Scars said he wanted to note that, with the approval tonight of the tnnsfer of funds, that the Public Works Depanmcnt is negotiating with a number of different bidden for the project across the street. We don't have that information to give to Council tonight, he said, because wc are in the middle of negotiations, but the Foundation will be making a decision and bringing that decision back to Council so wc can begin that project in an expeditious fashion. Mayor Burns asked if that was the demolition project. City Manager Sears said yes, and they are looking at the first part of August for that to happen. City Manager Sears advised, regarding the soun:e of funds, that pan of the funding for the project will come from RTD as wc negotiate with them, the EDA Grant, the Certification of Participation thal the City has and also the sale ofland or lease of land from the developer. So, Mr. Scars explained, wc are upfronting the cost for the development, but these funds will be coming back to the City as put of the project, as wc go into the approval of each of those agreements. Also, a ponion of the property will be sold or leased to the residential developer and those will provide a replenislunent of those funds . So, he said, he wanted to, just for record, provide that information. City Manager Sears noted that is a summary of where wc are . We arc. he said, as they talked about al Study Session, needing to talk about the identity . We arc also, Mr. Scars advised, reviewing some of the initial plans on the City Hall and David Tiyba has given all of our Slaff kind of an updaled view of how City Hall could function, it is still a little bit in the rough stage. Primarily, Mr. Sears said, he is trying to tie the accesses in for Court, the Library and public purposes there, but wc should be giving the plmw to City Council in the next couple of weeks for Council to take a look at. City Manager Sears asked if Dircctor Esterly or Engineering Manager KahJn knew where Mr. Tiyba is in terms of when that informalion can be coming back to City Council on the City Hall project. Mr. Kalun said he would say in about a two or three week period . Mr. Scars advised that wc would like to give Council those plans, potentially, in a Study Session. Again, Mr. Scars noted, they don't really have that many Study Sessions coming up, but maybe the August 10., or August I,.. meeting to give those to Council. City Manager Scars advised thal Tim Lconanl and Marilee Utter have been wortting on this, but wc need to give Council a specific set of the decisions thal need to be made on August I 0., and the status of each of the items at that time. Council Member Bnidlhaw said she would like those as soon as possible. Hopefully, Mr. Scars said, with the pac:kd this Thunday we could provide a list of the types of things thal still have to be decided by the City Council . That, City Manager Scars noted, is the update, that a lot of this is happening as wc go . If there arc any questions about any of the clements of the Cinderella City project , he said. he would be happy to answer those right now or staff could answer those questions. if wc haven't covered those . Council Member Waggoner stated that somebody was going to provide Council witb an updale on the economic status ... a zero balanc:e type thing . City Manager Scars advised that that is one of the items on August IO"' that they plan to give to Council. He said that is an issue that Dan Brotzman is wortting with, but wc are trying to put together the framcwort. They received some information on a BID, or a Business Improvement District. to mainlain the various retail sites over there and to pay for those retail and commercial propcnies and how thal relates to the public properties that we still want to control, including the City Hall , the public plaza. And thollc dillCUSSions, he advised, arc proceeding with Tom Peltz right • • • • 0 , - Eqlewood City Couacil JIiiy 20, 1991 ... 20 . ' . ' • • • r. now. But lhll will factor into owncrsbip 1111d bow the property will be mainlained 1111d opcmed after lbe pn,jecl is developed. Qty Muqer Sean lllbd if City Auomcy Brauman would like to comment• all on where WC are with that. Qty AUamey ~ IIIMlad dlll Ibey -doing a queslion 1111d answer session tomorrow, with all lbe mff' people. to make mn: lhll all lbeir CODCe1111 are covered 1111d repnting mainllllUlll<:C issues 1111d die BID and dlell wc will be mecliDg widl die del.elopment llaft' as well, to go over all !hose issues. Council Member Bnidllllw lllbd llow nmiy arecs wc AR going to lose owr lhcrc on lhal site .··-wc going to kclep die ones OD lbe lfalllpdea side . City Ma-,er Sean lllbd Rick Kabm about that. He aid be -not mn: lhll Im Rlllly beea defiaed oa lbe pllla . Mr. Kabm said he did not beliC\IC lhll Im beea raolwdyet. Mayor Buras lllbd iflbele wae my othcrqueations. There were.__ (c) City Ma-,er Seas aid be is happy to DOie lhll be is looking to be a residml bcre in EngleM,ocl. If lbe dolUlp work OUl okay aad if llil housing impcclion llil1 paaes wl Ibey will doling Oil his .._ OD Monday wl lllil .._ OD Friday . So Ibey will be moving on lbe 29"' fl July . He llated be is looking fOIWUCI to being a raideal lilR. C4uncil llated ii will be good 10 bave him here. (d) Qty Mulp Seas ........ Comlcil for dleir iUppOlt as WC go thnJulh tbelc iaues. lfe DOied Ibey -wry compliafed ad lie jllll ....... to ay lhll die MIids • CML were all wbal is lappcning widl CiDdenlla City, people are wry exc:ited llalewicle with whll is happening on Ibis project 14. City MllneJ'• .,_. Qty AltOnley BnllZmm did IICll a.. aay IMllln to briaa Won: Cemcil. IS . MJw,, 1111 • • 0 - • • 1 . 2. 3 . • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JULY 20, 1998 7 :30P.M. Call to order. '7:!f/-~ Invocation . /)~ Pledge of Allegiance. ~ 4. RollCall . {;;~ /~~ 5 . Minutes . ,. - (}/x)j 5 ,,_/ a. Minutes~r m the Regular City Council meeting of July 6, 1998. ~ -r '(iNA-!AJ .. !l~teJtt 6. Scheduled Vis ors . (Please limit your presentation to ten minutes.) 7 . 8 . ff Non-Scheduled Vi4jtors .JP1ease limit your presentation to five minutes.) rj. Cl.A-LA-ST l(.f)f,O. OI A I..-. ,t~r l=Ml~A) Communications, Proclamations, and Appointments. tJ/#~-0 a . Proclamation declaring August 4, 1998 as National Night Out.~ 9 . Public Hearing. (None scheduled) g- 10. Consent Agenda. ~ v-0 iJ.~ ,.1'J1val~5.£' First Reading. /tJ a. i i i ii/,.... IP r r ~ ~ouncil Bill No . 40 -R~on from ;tie Utt1'ities Department to adopt a ii. Bill for an Ordinance granting a Water Line Easement at Bates and Emerson . STAFF SOURCE: Stawart Fonda, Director of Utlllllea. Council Bill No. 42 -Recommendation from the Department of Parks and Recreation to adopt a Bill for an Ordinance approving an Intergovernmental Agreement with the City of Sheridan regarding Landscaping on South Santa Fe Drive . STAFF SOURCE: Jerrell Black, Director of Parka and RecrNtlon. P ..... note: If you ha,,. a dlublllty encl need auxlllary alda or Nr.-tcea, plNN notify the City of EngleWOOd (762-2405) at lust 48 hours In advance of when wvlcea .. needed. Thalk you. \ ' ~ -, ' •. • -- • • 0 f -• I • • • (. - Englewood City Councll Agenda July 20, 1998 Page2 iii. Council Bill No. 43 -Recommendation from the Department of Neighborhood and Business Development to adopt a Bill for an Ordinance approving the vacation of a Utility Easement in Lots 1-3, Belle Isle Gardens (2nd Filing). STAFF SOURCE: Harold J. Stitt, Community Coordinator. iv. Council Bill No. 44 -Recommendation from the Department of Neighborhood and Business Development to adopt a Bill for an Ordinance approving the vacation of a right-of-way in the 1800 block of West Cornell Avenue . STAFF SOURCE: Harold J. Stitt, Community Coordinator. ,-0 ~~tile ondReadin?O/r / ii ;ii IV fl 11/ ~ ...,,._ ~ JJ , {-, i. Council Bill No. 33, app mg an lntergovem~ntil Ag(ee~;.Jmt-With Arapahoe fTtfL:,,-.,......_ County to conduct a coordinated election . N:lt/-.3 ii. b1J/hp./iii. Council Bill No . 34, amending Title 8 (Elections) of the Englewood Municipal Code . Council Bill No. 35, placing a question on the November 3, 1998 ballot regarding changes to the City's issuance of bonded debt. iv. mi 11-4<:: Council Bill No. 36, placing a question on the November 3, 1998 ballot regarding a Home Rule Charter amendment pertaining to Initiative and Referendum . D')J.11.~· Council Bill No. 38, authorizing the transfer of property to the Englewood Environmental Foundation. ~Ir! Council Bill No. 39, authorizing the lease of a building to be used as a Business Development Reid Office. a,fl~-0 CIAl1~~in~-=i1{; lo~; ii iii "V ·-or·Re~mmendation from ~nt of P~lic ~orks to approve, by motion, the purchase of a sand and salt storage structure . Steff recommends awarding the bid to the low bidder. Dome Corp . of America, in the amount of $74,475.00. STAFF SOURCE: Charin Esterly, DfNCtor of Public Works. ii. Recommendation from the Department of Financial Services, City Clerk's Office, to approve, by motion, a contract for Codification services. Staff recommends awarding the bid to the lowest technically acceptable bidder, Municipal Code Corporation . STAFF SOURCES: Loucrtshla Ellis, City Clerk, and Frank Gryglewlcz, Director of Financial Services. iii. Recommendation from the Department of Parks and Recreation to approve, by motion, a contract for landscape maintenance at South Santa Fe Drive and Hampden Avenue. Staff recommends awarding the bid to the lowest bidder, Schultz Industries, Inc. in the amount of $54,650.00. STAFF SOURCES: Jerrell Black, Director of Parka and Rec:f'Ntlon and Dave LN, Manager of Open Space. PINN note: If you haw a dlublllty and need auxlllary aids or wvlcM, plNM noaty a. Clly of lllglllmoocl (782·2405) at INat 41 hours In advance of when NrVlcN .. IINCled. ThMk you. .. •· • 0 ' . ., .. _I I • • • t• • '· F,'nglewood City Council Agenda July 20, 1998 Page 3 11 . Regular Agenda. a . Approval of Ordinances on First Reading. i. Council Bill No. 41 -Recommendation from the Department of Public Works to (Jbb.J fl-0 adopt a Bill for an Ordinance amending Paving District 38 and to set a public vfr• hearing on this issue for Aug~t.17, J??.~~TAFF SOURCE: Charles Esterly, J 1 _ lllr~r f Public Works. /!J~ . ;;h ~,~-;? l<IO /JI (}J){)(lr.p -0 l) ~lt;-;U}-l)~il/~/W,1,. nt,,d~/J-il{ Jn-~' /"l<J h1Jnd~b~0 A~ _r~;;:l:r-~;//r~·}-ii . ir"' i. Council Bill No. 29, approvirilganiendments to the Telecommunications /)1/Jt/,i Ordinance. ii. Wlhl1 Council Bill No. 30, approving an amendment to the Englewood Municipal Code regarding Telecommunications Licenses. c . Resolutions and Motions. i. Recommendation from the Department of Financial Services to adopt a resolution approving a supplemental appropriation of $6,488,000 and transfer of /) ..• JI.. 8'J funds from the Capital Projects Fund and General Fund to the Englewood ~llnhj 1_ Environmental Foundation for an accelerated site preparation plan, including ,,,.... (ll-0 environmental remediation, demolition, fill material, and the construction of Inca JV.~ j 11 •. _ North. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services{,~ ii. Recommendation from the Department of Financial Services to adopt a /},v;AJJ. v';J...,_ resolution establishing fees for Telecommunication Facilities Licenses under 0 ~ 1 Title 5, Chapter 27 of the Englewood Municipal ~e .• S,;AFF SOURCE: Frank 7 r ~ ~-0Gryglewlcz, Dl'9Ctor ot Financial Services. H~ iii. Recommendation from the Department of Administrative Services to adopt a I), • resolution approving the Collective Bargaining Agreement between the City of ~/f(3 Englewood and the Englewood Employees Association for 1999, 2000, and (jLJh_j ~ -D 2001 . STAFF SOURCE: Jri~le ~~~~9; Acting Co-Director of ,r"' Administrative Services. vv"'ir K-N ..... iv . Recommendation from the Department of Neighborhood and Business Development to adopt a resolution authorizing the City Manager to execute an application for funding under the U.S. Economic Development Administration Title IX Adjustment Assistance Grant. STAFF SOUR<;E: ~ ,t;. Al.ii) WelllR .. uual'ttl, •••~MB s.t.,,~ 1 Dli ~ ~!5' v. A resolution recommending the ¥pointment of Shawn Leonard to the fi{)r/DII fl) lrfl'ftJlc... Englewood Housing Authority . ~ f)JEIJ FOi!.. LAU:.. ~t:,~~J}IJ 12 . General Discussion . a . Mayor's Choice . b . Council Members' Choice . PINN nole: N you haw • dlNbillty end need auxiliary •Ida or NrYlc:e1, plNN notify the City of Englewood (712-2405) et IHat 41 hours In edvance of when Ml'Vlcea .. IINdad. Thank you. • ' • . D • • • 0 r 2 -• • • Englewood City Council Agenda July 20, 1998 Page4 13. City Manager's Report . a . Englewood Center Update. 14 . City Attorney's Report. Adjournment. g":~ ~- The following minutes were transmitted to City Council between 7/3/98-7/16/98: • Englewood Downtown Development Authority meeting of May 13, 1998 • Englewood Liquor Licensing Authority meetings of June 3 and 17, 1998 • Englewood Board of Adjustment and Appeals meeting of June 1 O, 1998 • Englewood Planning and Zoning Commission meeting of June 16, 1998 • Englewood Code Enforcement Advisory Committee meeting of June 17, 1998 ... P ..... note: If you haw• cllublllty and nNcl auxw.y alda or• <la 11, plaw nally .. ca, ol l& ... mood (762-2405) at INst 41 houre In advance GI whan NrvloN .. IINdad. T'-* ,-. . , .. • • 0 f ~,:\v I -• 0 • <. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO July 6, 1998 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7:48 p.m. 2. Invocation The invocation was given by Council Member Nabholz. 3. Pleda,eof Allqiuce The Pledge of Allegiance was led by Mayor Bums. 4. Roll Call Present: Absent: Council Members Nabholz, Clapp, Garrett. Bradshaw, Waggoner, Bums Council Member Habenichl A quonun was present Also present: City Manager Sears City Attorney Brotzman City Clerk Ellis S. Miata Crime Prevention Officer Peterson Division Chief Vandermee DirectorEslerly. Public Worts Director Olson. Safety Services Planning Analyst Denning Director Simpson. Neighborhood and Business Development Engineering Manager Kalun Director Gryglewicz. Financial Services Business Community Coordinator Scibelli (a) COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES or THE REGULAR MEETING or JUNE 15, 1991. Ayes : Council Members Nabholz. Waggoner. Clapp. Bums Nays : None Abslain : Council Members Gam:tt. Bradshaw Absent: Council Member Habcnichl Motion carried . • • • • • Council Member Bradshaw commented that it was inleresting reading the minutes ... Mayor Bums attitude toward Mr. Allen . Mayor Burns said he dido~ know what that meant and asked that Ms. Bradshaw for • 5 A · .. , •· • 0 , - -- • Englewood City Council July 6, 1998 Page 2 • 0 - clarification. Council Member Bradshaw said at one time it seemed like he son of played uproar with the Historical Society because of a Housing Authority issue. over the Depot. She asked if that is true, if that was a problem. Mayor Bums stated he thought they had arrived at a good solution for tbe Depot. Bul Ms. Bradshaw said, prior to that time she thought there was some hostility there. Well. Mayor Bums said. not really . 'The Housing Autl1ority Board wanted to have additional infonnation from the Historical Society about their business plan and that didn't come from him personally, particularly. it came from oilier members of the Housing Autl1ority Board too . Bui he thought the give and take. as a result of that , has revolved into a very good solution and is a win win for everybody. He stated he is very pleased with it. Mayor Bums noted tliat he is very appreciative of what Ilic Historical Societ~ has done in working with the Housing Authority about the Depot. Bul he said. what he was not terribly pleased \\itl1 was tlie fund raising itself. because they had a professional fundraiser and that's what the Housing Autl1ority was concerned about. He maintained tllCy were not upset with individual members of tl1e Historical Society. Council Member Bradshaw stated that she just thinks that sometimes that gets real conflicted. She asked if that was not true. Mayor Bums said he thinks it resulted in a dam good solution to a difficult problem . He noted he talked to several members of tbc Historical Society at Ilic celebration on the 4"' of July. Council Member Bradshaw said she did too . Mayor Bums said IIICy seem to be ve~ pleased. from what he gathered. with the solution. Ms. Bradsh.1" said okay . Ma) or Bums asked 111.11 if Council Member Bradshaw has a concern tliat she should just go ahead and tell him what it is. 6 . Scheduled Visitors (a) Mayor Bums advised they were vcl)' pleased to have race car drivers Roger Avants, Richard Bunon. and Roger Mitchell here . He stated tllCse gentlemen have done yeoman's work in the Englewood Neighborhood Watch Speed Pledge Program. Mayor Bums asked Crime Prevention Officer Nancy Peterson to explain tl1e Speed Pledge Program. Ms. Peterson stated thc program is about addressing your driving habits. realizing that you are pan of the problem out there and that you could be instnuncntal in thc solution to tllC problem. Slie pointed out that we can do all kinds of traffic engineering stuff. like putting up barriers. blocking oil streets. speed bumps. traffic circles and all of that. but until we address thc problem. which is Ilic driver's driving habits, ii is never going to go away. Ms. Peterson commented that everyone in tl1is room can remember back to the days when one of those objects was just simply an obstacle and you could figure out how 10 get around il just as quick or quicker. tlian you did before it was tlicre ... herself included. She said she doesn't have a halo and if slic did. it slipped a long time ago . So until we address the driving habits. she said. it is not going to work and tliat's what tl1ese gentlemen are all about. Ms. Peterson c:1.1>1aincd tliat tlicy drive fast for a living. but tlicy liavc a place where they do it. It is not on our City streets or residential areas. it is on tllC race track . 'They have a full commitment to our community saying that safe. councous driving belongs in our neighborhoods and tlicy care about us and our families and tlicy want everyone to make it home safely. Ms. Peterson advised that they have put a lot of time and energy into this and they are terribly committed to our community. And. she noted. they do this all on tlicir own time and a 101 of times this volunteer work costs them money and a lot of discomfon . Because, she noted. they end up wearing their fire suits on days were it is 100 plus degrees and inside those fire sui1s it is \\anner than that . But they always do it witl1 a smile and tl1ey nC\·er complain. She said she thinks it is reall~ ne.11 and they will sec them ncx1 week at Craig Hospital. tl1ey "ill be 001 there for eighl hours doing a special program for Craig Hospital's pa1icn1s and tl1cir families . TI,ey will be coming oul 10 sec the cars and t11e speed pledge stulT will be set up. Ms. Pe1erson stated they are making a major contribullon 10 our commurtity. She noted that other communities across the country are in1ercsted in tl1is program and the~ arc modeling it Ms. Peterson said she thinks it is great and her hal is oil to these guys . Mayor Bums said he would also like 10 thank Nancy Pe1erson for all tl1c great ,,ork she has done on this program, that it is terrific. - ,. - .. I· • C f • Englewood City Council July 6, 1998 Pagel • 0 • Mayor Bums noted that you've seen these gentlemen at Neighbort1ood Watch meetings. the opening of the North Englewood new police community center and I.he July 4•h celebration . He said they seem to be everywhere he goes . He commented that I.hey are volunteering their time . Mayor Bums read I.he inscription on the plaque in it's entirety . Mayor Bums presented plaques to Roger Avants, Richard Bunon. Roger Mitchell and offered his congratulation and thanks . Mayor Bums said there are various things you can get and one of I.hose things is a key ring. which he carries for I.he Speed Pledge Program. He noted it has gained a lot of recognition and we are \'Cry proud of this effon. Ms. Peterson advised that the White House has requested a photo of these gentlemen. and herself, to put in I.he White House Archives. One ofl.hesc days soon it will be heading 1.hat way . 7. Non-scheduled Visiton (a) An Emison advised that he owns some land at Evans and Zuni and he is ha,ing some access and development issues that he has not been able to work out with City staff. He ad\ised he has been working on I.he issue for about a year and he l.houglll it was time to bring it to Council and see if he can get some assistance. He said he has recapped I.he problems as best he could here. in some five pages. He stated his request is that Council review it and possibly schedule an on-site meeting \\il.h him where they can discuss. maybe with staff. some of the details and hopefully work out a compromise to allow him access and use of his land . Mayor Bums asked what stage of the process he was in with this developmenL Mr. E1nison ad\'ised that be doesn't have access to the land at this point and he doesn't have water and sewer. He said it is in an area where I.he sueet has not been put in ... approximately 7S"le dedicated. But there are obstructions in the right of way , there is no water and sewer, so basically there is no access and no use . Mr. Emison said that be lhinks they will find it is defined here. He noted he can try and explain further. but like I.hey said time is an issue . Council Member Bradshaw advised he still has tlin:c minutes . Mayor Bums agreed that he has a full five minutes ifhe wants to take it. Mr. Emison stated he can't swnmarize this in fi\'e minutes. bener tlwl be did here. He said he could read this to I.hem. but he tl10Ught probably the best thing was if he could just request a meeting. potentially an on-site meeting and he thought it would be best if staff could participate. Council Member Nabholz advised that she has spoken personally with Mr . Emison and rccei\'ed nwncrous faxes and letters . Also. she. personally, in December. had Director Olson and Ci~· l\.1anager Sears. go on site and meet with Mr. Emison. because she was in Philadelphia. Ms . Nabholz said it is her understanding ... and she has listened to both sides of the Slory, she has seen both sides ... that he pW'Chased this propeny as it is . with no access. no sewer and water taps . She asked Mr . Emison if that was correct . Mr. Emison said yes. but I.hey were unknown facts . of course. al the time . But. Ms . Nabholz said. he bought it. The thing she is trying to underSland hen: is. she said. that this becomes a legal issue at I.his point. What she has read from his correspondence is tl13t he would like the Ci~ to come Lil and make thal street and put in those taps for him . She asked if tliat is correct . Mr. Emison a,hiscd thal he is proposing a compromise when: he would put up tlie water and sewer. but not the full sueet. The full street is some $300,000 and his four lots would not justify that. He said lie believes the area was plotted and in a sense developed by the City of Englewood. who took tlie land ... tlie City did ... in 1971 . He saJd if~ ou look at the maps. as he did when lie acquired the land. Ilic street right-of-way appears to be there COW1Cil Member Bradshaw advised that she 1135 also had some dealings with I.he Kell~ s . I.he Tafoyas. the Apodacas and the Salaz.ll'S. as well as the Keyfauvers . She staled she personall~ feels th.11 her )Ob. as an At-Large rcprcscnt:1tive. is to represent tlie consutuents tliat do call her and none of those people ... tbe • " - I I· • f J • Englewood City Council July 6, 1998 Page 4 • 0 • Keyfauvers aren't impacted by that lot. .. but the others arc. and they have no desire to ha\'e a street put through. Mr. Emison said that if and when they get to read his proposal . that he is proposing that he can get by with, and doesn't in fact. want the street either. He advised he does need to have access and he does need to have water and sewer, so he is proposing that he would use the present right of way as a dri\'eway and maintain it and there would be no street. Because. he said . he. in fact. agrees. that the street. .. $300 .000 ... does not appear to have any benefit right now to anybody else. Howe\'er. he noted. his land is landlocked and he believes he should have the right to use his land is some way . But. Council Member Bradshaw said. when any of us buy real estate it is our burden of responsibility to check out all aspects of that property. Okay. Mr. Emison said. Ms. Bradshaw stated t11at she doesn 't feel that the City needs to put itself in the habit of subsidizing a land owners errors. Mr. Emison said that he thinks the question is going to come down to who pl.oned the land and what is tl1e ability to ha\'e land that has no accessible use. He advised he believes that when the City took the right-of-way in 1971 that they made some commitment that they need to follow tlirough on. Council Member Bradshaw asked when tl1is is scheduled for a paving district. Council Member Waggoner advised that you don't have all tl1e right-of-way. that is the problem. Mr. Emison said there five lots of twenty lots that have not been dedicated. So . Council Member Bradshaw said. not all of the right-of-way has been purchased . Cow1 c1 I Member Waggoner stated that none of tl1e right-of-way has been purchased. it was given. Oh. Ms Bradshaw said. it was just gi\'en at that time. Mr. Waggoner said that is right. Mr. Emison said he tl1ought 11 "as requested. of course. but the records have not been provided yet. or located yet. so we don · t kno" for s ure " hat happened . In the back of your documents. he said. you have a petition. which is the best -..e ha, e been able to get from Slaff and his review of the records . lbc next to the last page ... they arc back to bac k soo. the deed. that happens to be the deed that came off of his land. the 25 feet to the street nght-of--..a ~ Mr Emison stated he did not plot the land. he did not subdivide the land. But. Council Member Bradsba• saad. you did purchase the land. Mr. Emison said that is COITCCl and based upon sccmg maps tlw sho -.. the lilJ'a:t right-of-way ... that he is looking to improve the district and he is not undcntanding "h~ the C11~ -..ould not be in favor of improvement . Mr. Emison said tl1ey have a IOI of issues down tlaerc . Mayor Bums said tliat it seems to him that they need two things. Tiicy need a staff repon o n tlu s and if there are legal issues. as you are suggesting here . or obligations on the pan of tlae C1~. tha t "e will need some son of legal opinion. Council Members Nabholz and Bradshaw agreed . Mr. Emison ad\ised that he met with City Attorney Brotzman and he has a letter "luch 1s u, here He said he has not. as of this afternoon. been able to get a full fonnal n:sponse from tl1e Ci~. He said there have been some drafts. which is also in here. to which he made some rebuttals . He stated that some of the citations and requirements that are given to him. he is not able to find supponed in the C1~ Code and manuals. So he has gone back and asked tlaem ... one of the ke y issues right now seems to be the requirement by the Utilities Dcpanment that tl1e utilities. the water and sewer . straddle the cente r line of the street. He said he proposed that he would put tl1ose in . but he is not able to straddle the cem crlme of the street because of tl1e land that has not yet been dedicated. Mr. Emison st:llcd there is no e ffo n right now. on tl1e pan of the City. to get tl1e rest of that land . this is just a donnant project . Mayor Burns said tliat they can't cover all of this detail in a session laerc of fi ve minutes for unsche duled visitors. so they need more information. obviously. from our staff. Mr. Emison stated he is prepared to give Council whatever informalion they need. He noted he tried to keep this minimal for now as he realized Llaere is a limited amount of time and he rcall} has spent a lot of • "' - • "' , I • • 0 I • • • Englewood City Council July 6, 1998 Page5 • 0 • time with staff. He advised that he is willing to come in and meet and he thought there would be some benefit to do some onsile look see. Well, Mayor Bums said . if you are going to rezone something or whatever. that will get to the City Council eventually in a quasi-judicial manner and he was not sure how much site examination we ought to be doing this early on. Mr. Emison said he did not Utink U1ere was any rezoning requested at Otis point . U1at he was not asking for that. At U1is poinL Mayor Bums and Council Member Bradshaw noted. Mayor Bums thanked Mr . Emison for his presentation and advised Council would ask staff 10 bring them up-lo-dale on Otis and they \\ill review ii with them. (b) Cindy Galligan. 3010 South Delaware. advised she was addressing Council Otis evening in regard lo a letter she wrote to City Council on June 28"' on behalf of residents in District I. regarding some problems they have been having in that area. Basically her letter said that she is asking for a proactive approaclL to avoid a reactive response, to a tragedy on some U1ings that have caused concern to herself and her neighbors. First of all, she said. she wanted to say thank you. She stated. in the past week. she has seen much more police presence in her neighborhood . She said she doesn1 know if U1at is a direct response to her letter or noL but either way it is greatly appreciated by herself and her neighbors. Ms. Galligan staled they did have one disturbing incident this week . A filthy epitaph was painted on the streeL directed towards the Englewood Police Depanment. She said her first reaction to this was that she bet the idiots that painted it there wouldn1 hesitate lo call 911 if someone was breaking into U1eir home or if their house was on fire . She said it seems to her that some people would like to have selective. protective services and that docsn1 work. Maybe. she suggested. these folks would like to waive protective sel"\ices. When they call for help ma~"bc the dispatcher could tell U1em "I'm sorry. you didn1 want the cops hassling you. so maybe I'll give you the number of somebody that can come out and get Uiat burglar out of your house" or "l can have a fire truck there in two minutes. you selected not 10 want City services ... we'll charge you SJ .000 to put your kitchen fire out ." That. she noted. is enough for her editorial on Uiat Ms. Galligan advised that , in talking with her neighbors over the past couple of weeks. one Uting that distwbcd her especially was a common word that she heard from many of them over and over. lliat word was afraid. They arc afraid of rclaliation and if they rcpon incidents. 0131 they arc going to be retaliated upon by the people that arc breaking the: law. She opined our biggest enem~ is fear. Uiat she personally refuses to give in to fear , because once she docs. she has given someone else control over her. But then agaiJL she noted. she is not an 85 year old widow living on Social Security. Ms. Galligan stated Uiat she thinks that one wa~· we can eliminate some of this fear is to educate residents on whaL when and how 10 repon incidents that cause them alarm. She said she has been hearing Utings like "oh I heard people figluing, but I didn't know if I should call the police or not ... I heard gunshots and I didn't know what 10 do ... I 113d to paint over the graffiti on my garage. what is the difference between tagging and graffiti?" or "I heard someone going through my backyard. but U1ey left . so I didn1 call Uie police.• She opined U13t if you talk 10 a lot of residents on any block in U1e City. you miglll hear similar comment5 from U1em . 1l1e other Uting they say is if the police come to my door. Uicy will know I am U1c: one 01.11 called and thcv fear retaliation . Ms . Galligan stated that what slie is advocating is a fact slicct 0131 could be distributed to all residents. lltis is son of a City watch group. in addition to the Nc:igl1borhood Watch Programs 0131 are already in effect. Many people don't have the time. interest or ability to become im olvcd in U1e smaller groups. lltis fact sheet. she said. would of course h,1ve to be a collaborative efTon between Ci!\· officials and invol ved citizens. She thanked Council for llicir time and said sl1e hoped they would take her suggestion under serious consideration . City Manager Scars advised U1.1t he lias asked Cluis Olson and Tom Vandennee 10 be here to answer any questions, from U1e Safety Sel"\·ices viewpoint regarding issues Uiat arc raised. • •. I • • C Englewood City Council July 6, 1998 Page6 • 0 • Mayor Bums said that he had lalkcd to Council Member Nabholz about this and tl1is weekend he drove by and saw that obscenity on tl1e street and it is obvious there seems 10 be a really serious. continuous problem with this block or two on S0utl1 Delaware. He asked that Director Olson or Chief Vandennee address Council on the status of this problem. Mayor Bums said he kno" s the Impact T earn has been there on a regular basis. Division Chief Tom Vandennee. with the Police Operations Division for tl1e Department of Safety Services, advised that they are very familiar with the particular addresses that ha, e been identified. They have. for close to nine months. particularly the Impact Team. been operating in addressing the concerns and issues that are brought to their anention and those that they individually iden~. He stated that on June I 5th they initiated another response to a particular Council request. and since tltat time have imposed. frankly, what amounts to, no tolerance policies on all of the addresses involved. He said he should point out, as Ms. Galligan mentioned. that in going back and doing research on it. the~ liave found that in a period ofninc months. at the prime location, there have been t\\o calls for service to tl1e police. For tl1e other adjoining properties, there have been a total of seven. He Slated that nine calls for ser,ice. for the types of problems that they know are existing there, really doesn't ser\·e either tl1e communities intereS1 or our interest in tenns of being able to establish a criteria for nuisance abatement concerns. He stated he agrees wholeheartedly with Ms. Galligan. that public education is probably a necessity at tl1is point . And. he said. they have a subS1ation right down in the area and they ,,ould be more than happy to meet \\ith the neighbors collectively, individually, in tenns of their concerns about tl1e police coming to their door. Chief Yandennec pointed out that every police car that we have is equipped ,,ith cell phones, there is no need for face to face meetings between the police and reporting parties of crimes or SCr\·ice. He advised it is important that they have the infonnation as to who is calling. primarily a phone nwnber. TI1e officer can make a phone call to the reporting party from the car and have a private conversation between the officer and the reporting pany . TI1e subjects of tl1e calls for service don't need 10 know,, ho called the police. in cases of distwbanccs and tl1ings like that. In some cases. he advised. they need "itnesses. but absence of those witnesses doesn't tie their hands to where tltey can't do their job. It is a unique kind of environment, he noted. There are six individual private addresses grouped into an area tl1e size of one single family residence and that by itself is going to crcaae more traffic. There are a lot of influences to that. They are aware of it and thC)' are laking a proactive stance on that. He ad,ised they would be more tl1an happy to meet with the community. the people in the area. the people that dri, e by the area. He noted he did not take exception to anything she said. Council Member Nabholz said she just wanted to clarify a couple of things. that "hen people do call the police dispatcher tl1ey need to verify and make it perfectly clear tlia1 they want contact by phone. That is why, she staled. a lot of those residenls and that 85 year old \\Oman ... because there has been a lack of communication. whether it be on their part or our pan. she wanted to make it perfectly clear that we would contact them only by phone. And even if it was a wrinen request. it comes back to haunt you. So. she emphasized. we need to be real careful here, it is close to the school and ,,care all very aware of the situation. those of us that live right there. She remarked. to Chief Yandcnnee. that he has taken a very proactive stand and she applauds him for that. But it has heated up again and she is under tl1e impression that one of tl1em is out. It is time. she said. Utal U1ey get back together and do whatever U1ey need to do for this neighborhood . School will be out Friday, which will help. She said tl1cy need to work on what th~ need to do to get tl1:1101Ttl1e S1rect . ChiefVandennee said he 53\\ it today too . Council Member Nabholz noted he was very busy in her two blocks and she Utanked him. Ms. Nabholz said she applauds the police and fire departments for this weekend. it was non-stop. Chief Yandennee stated tl1ey will do what they need to do to initiate tl1c communication ,,ith the neighbors and address the issue. Council Member Nabholz and Mayor Bums tltankcd him . (c) Jean Martin, 3190 Soutlt Washington Strcc:t, slated she lias one tl1311k you. two questions, two fears. four comments and five concerns. She said she wanted to thank tl1e Fire Department for being so responsive to protecting her addition to her new house. "hen the fire happened on June 3•d. It was ,·cry .. - • ,, •· • 0 f - • • Englewood City Council July 6, 1998 Page 7 • 0 • good and she was pleased with that and she wanted to thank them for that . Ms. Manin noted that is her thank you to the Fire Department. Second of all. she said. she has two questions. Every quarter when she gets her sewer bill sl1e signed up to get something from the City . She asked "hat she was getting. Council Member Waggoner asked her if that was the Concrete Replacement Program. Ms. Manin said yes and asked what that means. what she is paying for . City Manager Scars said that Director Esterly could answer that question. Director ES1erly noted that could be very lengtl1y. Well. Ms. Martin said ... brief. Mr. Esterly gave Ms. Martin his business card and asked that she call him tomorrow or she could speak to one of his associates in his office . Ms. Martin said okay. Council Member Nabholz advised Ms. Manin that it saves her the cost of repainng. bidding out for the replacement of her concrete ... in a nutshell. 1l1e City comes in. you buy into the Ctiliry and the Ciry \\ill come in and replace it. Ms. Martin said. as Ms. Nabholz knows, that she did an addition to her house . She asked Council Member Nabholz if she got an)1hing from this or if she had to pay for ii herself. .. to ha,·e dri,·e"ay or concrete or whatever. No, Ms. Nabholz advised. Uiat is not part of it. Okay, Ms. Manin said. she just wanted to know ... that is fine. Mayor Bums explained Uiat it prevents you from having to pa~ rhe \\hole amoum ar once. Ms. Martin asked what was going on with the water. Why docs she liave to go to Nebraska to gel her warer from Canada? Mayor Bums advised U1at we have a new water treatment plam jusr coming out of the ground. a considerable new facility . He asked if she was talking about taste and odor problems. Ms. Martin said everything ... color. taste. smell ... you name it . Mayor Bums asked 1f she had talked to U1e Water Department Ms. Martin said U1ey gave her Ulis little bottle to put in her clothes so U1ey don't tum brown. Mayor Bums advised Uiat the reason we are doing this. considerable. addi1jonaJ expansion ... this is a two year project for the Ciry, it \\ill be completed in two years and Uiat is to address the taSle and odor problems. along wiU1 other Federal regulations with regard to giordia and c~1osporidia and U1at kind of thing in UJC water. that liave been serious problems in otlicr cities. But the idea here is to considerably improve and possibly eradicate our taste and odor problems. wllich admitted!~ "e ha,e liad in the City for many years. So U1at he noted. is a considerable project U13t has just gotten underway. Ms. Manin said when you had I.he problem wiU1 thc shingle smell, \\hich \\C couldn~ drink or smell or do an)'thing, U13t she bought bouled water. She advised she deducted $10 .00 from her bill for Ute water. 'This stayed on her record for a year and finally she paid thc $10.00, because she \\35 sick of seeing it Wh~·. she asked. Mayor Bums noted U1at at thc tinJC tll3t occurred because of a fire . Your problem. not mine. Ms. Martin said, you owe me $10.00. Ms. Martin advised Uiat everything Lhat woman said over there. she agrees \\ilh ... " here e,er sl1e was ... the woman before her. About fears and police and wl13t have you . She noted she is the captain of her block . U13t she had a block pany and nobody. because there happened to be a wedding or" hate, er. sho\\ed up at the block party. But she Slill 113d to talk to Ms. Nabholz about her house. because the~ "ere going to Nebraska for UJC wcekend ... fear of it being on fire . whatever. bcc.111se of the fire"orks Ms. Martjn advised that slJC called UJC Fire Dcparuricnt at least twice before she left . to complain about the neighborhood. Now she was not U1ere U1is weekend and. she said. thank God "hen she got UJCre Sunday her house was there . So. she s:lid. sl1c would guess tl13t is a tliank you . Because on her "a~ our of rown she stopped at the Chesapeake Bagel place and mentioned to two cops to please "atch her house . 1l1e other thing, Ms. M.'lltin said. is Uiat she lives across tlte street from tlJC ci~ care. S\\cdish ... " hatever. They had a fire U131 burned down busl1CS Uiat they can't have anymore. "luch she happened to sec and repon and that was taken care of. Site noted Uic main fear she has wiU1 Uiat is Uiar sl1e also had a fire ar her • • • ' Englewood City Council July 6, 1998 Pages • 0 • house from leaves that someone lit... that the guy didn't pay her any money . but he wrote her a letter and that is okay ... but fears . But they arc the same as what this lady has said. She said those are her fears and she gave Council her questions. now some comments. She noted she told Council about the fire across the street and the child care center . When this fire was going on with Chester. the kids were all standing outside yelling fire. fire. fire. fire ... which is fine . TI1anks 10 the Fire Deparunent. she got her kids out of her house. which is stop, roll and whatever and they got out ... which is fine . So whatever mobile you have. that tells the people how to do it. is good ... keep doing that . She maintained that everyone should have thaL everywhere. Because. she said. she yelled fire . fire . fire and got her kids out and she was out of her house from 7 :30 to 2:00 on June J'd. It just so happened 1ha1 her father was coming the next day from New Jersey and he didn't appreciate tl1e house not being clean ... that she said. is her problem . Okay, she said, as she said she is tl1e captain of tl1e block and she talks to Nancy Peterson quite a bit and some otl1.:r people. She agreed on what that woman said. tliat was her third and she talked to the police about going out of town . TI1ose. she said. are her tl1311k you's. her fears . her questions . her comments. Now she noted. she has some concerns and her main concern is that she is a resident of tltis town for over ten years. she is a substitute teacher at Englewood High School. a good one . She stated tliat when she comes there they are glad to sec her ... some kids will never be glad to sec a sub . Only because she wa$ a paraprofessional and she trained at Denver East Bronco Academy .. .John Elway ... lovely person . Now , Ms. Manin said. her big concern is about these code enforcement people . One montll she said. tllis woman that she has complained about. has been harassing her and her husband ... one montlt . Ms . Martin advised that she is also a mathematician and a statistician . She said she has been here ten years . One out of twelve months, compared to one out of a 120 ... she stated she is tllinking about mo,·ing to Nebraska . She asked why she should have t.o move to Nebraska because of a Ms . Wilson . She asked if tltey can tell her. Mayor Bums advised that she hadn't given him enough information to respond and tltere is a lot of sarcasm in her delivery . Ms . Manin asked if Ann Nabholz could help her out witl1 tllis . Council Member Nabholz said that the only thing she can tell llim is that Jean Manin lias shown up at her door se,·eral evenings. very upset in regard to a code enforcement officer. Ms. Nabholz said she tl1ought tliat "as sometlling tl1ey can meet with our code enforcement people about. Mayor Bums noted tltey can facilitate tliat . Ms . Martin stated that her complaint is she is working on an addition to her house ... Ms . Nabholz knows about additions. Ms . Manin said to make a long story shon that what is going on is tliat her father was here from New krsey and he said "ho is that woman sining there looking. taking notes . taking pictures, putting green things on my tree. She said she told him she didn't know . She advised she "cnl out of town and all of a sudden they ha,,: this big wlutc notice . Ms . Manin stated tliat when ~ Medina and Joyce Parsons were there . she didn't have "hnc notices And. she said. she had an argument w1tl1 Ms . Wilson about this and she even wrote in progress Ms Martin advised they fixed up what tl1c~ thougltt was good and now all of sudden they get a pink shp She said she wants to know llhal is uash and "hat 1s not trash . cspcc1all) when you arc building an add1uon 10 ~ our house lliat . she said. 1s her big qucs11on and concern And. she asked . what authonty do code enforcements ha,c. an: they cops C111 Mana ger Scars ad\lsed they ha,c a legal responsibility lo cnfor c Ms Wilson asked 1ftbcy are pohccm:111 C1~ Manager Scars said no the) are not . Ms Wilson cmpha.sued she k:no,o'S Ilic policemen. her insurance person 1s a policeman She asked "hat is a code enforcement he s:ud tell me . I want to know . Ma~ or Bums c,;pl:uned that a code enforcement officer has Ilic ab1l11~ to enc for code ,·1ola11ons and to warn for code , 1ola11ons and 1f necessary tllOSC can be brou ght m10 a mwuc1pal coun Tiic irli1i.1l objective of code enforcement he said. 1s to try to obtain coopcrauon from the hoinco,nicr to clean up a situation tliat appears 10 be m v,olauon of tl1e code. It is not. he staled. pnmanl~. 10 cue people or bring tlicm inlo coun . it 1s Just to bnng co mpliance so 11131 "'C can 1mpro,c Ilic :ippcanlllCC of Ilic commw1it). TiiaL he noted . is the main reason wh we have code enforccnicn1 and "h~ 1hc auzcns arc so inaercsted in it and wh~ we ha,c a Code Enforcement Task Force t11:111 s workin g on tlu s nghl no" Ms Manm asked who 1s the Task Force . Mayor Bums said Iha arc abou1 I members ofthal Task Force Ms Manin asked how she couldjom Ma)·or Bums ach1sed she could ta&. 10 Ilic stair. Iha he didn't know 1f then: arc an~ openings on the Code ,. - •. I • • C . r" , • 1 I,., ' - Englewood City Council July 6, 1998 Page9 Enforcement Task Force at filled in JW1C, as he recalls. advised that Council will in, oment. :.hey ha , .v again • 0 , . • ,, a time and schedule ofwl1-:1 Ms. Martin asked if code em most pan. yes. Okay, Ms . Ma sure, but that sh.: can certainly , meet, b, :ment pc,· , sa id, " .ty Council fills those positions and they had several of them r1e vacancies. Council Members Nabholz and Bradshaw .Uluary. City Manager Sears said they could also provide her .1se they arc welcoming these 1)1)CS of comments from people. ~ come to these meetings. Cit)· Manager Sears said, for the , is their next meeting? Mayor Bums said he can't tell her for :rom staff. But. City Manager Sears expl. that arc uniform throughout th said she is not, she just wants \• issues, because they arc solllC\, uniformly. City Manager Sear~ said as he undcrslands they me, call the City Manager's office to her telephone nwnber. Ms. Mar Ms. Martin said that the other qlJ She asked if they arc ex policem Olson answer that question. d !131 O :hat ' ; thought the intent of those meetings was to talk about issues no 1 u just berate one individual or another individual . Ms. Martin v th . rules. Mr. Sears said he thinks it is to talk about these types of ,ifc n throughout the City. So we can dc\·clop policies and enforce ;cd J 1ey can provide Ms. Manin with the specific date and time. He 1bo J t a monthly basis. Council Member Bradshaw noted she could J\\ Sure. Mr. Sears said, or they can contact her if she would give us id hat Ms. Nabholz knows where she lives. in she had is what kind of qu.ilifications do tl1ese code enforcers have. 1ircd from other forces. City Manager Sears suggested that Chris Director Olson stated th Jt .. :c~,~ ; happy to take Ms. Manin's concerns in a written form so they can respond to them. He sa i,. he knows that she has a lot of issues and really the time factor just will not allow him to respond to these. He asked that she get them to him in writing. Ms. Martin asked who he was. Mr. Olson explained tha, ,, 1s the Director of Safety Services and the code enforcement people work for him and they arc qualified. 0 1rcctor Olson opined tliat lhis is the best way to deal witl1 tl1is. he just can't address all of lhcsc issues tonight , but if she would do this for us. he would be happy to take care of it. Council Member Bradshaw asked if Mr. Olson would give her a card. Director Olson said sure. that he would talk to her. 8 . Coamualcatlou. Praclu·1atioll1 ud Appoi•'-•U (a) and (b) A rcsoluuon appointing J. L. Barnes to the Engle"ood Clean. Green and Proud Commission and a resolution rcappoinung J. L. Barnes to the EnglN'OOd Liquor Licensing Audiority were considered. The resolutions were assigned numbers and read by title : (a) RESOLL'TION NO. S7 . SERIES OF 1998 A RESOLlTTION APPOIJIITING J.L. BARNES TO THE CLEAN. G REE~ A~1) PROUD COMMISSION FOR -HE CITY OF ENGLEWOOD. COLORADO (b) A RESOLUTION Rf AUTHORITY FOR COUNCIL MEMB I AGENDA ITEMS 8 NO. !II, SERIES OF Aye RESOLUTION NO. 58. SERIES OF 1998 .>Ql l'<TING J.L. BARNES TO THE ENGLEWOOD LIQUOR LICENSI NG ~ CITY OF ENGLEWOOD. COLORADO. WAGGONER MOVED, AND IT WAS SECO~D[D, TO APPROVE ., AND (b) • RESOLUTION NO. !17, SERIES OF 1998 AND RESOLUTION Council Members Nabholz. Gam:lt. B radsha\\, Waggoner, Clapp, Bums "' - •. • • • 0 , - - • 0 • •, En&le'ft·ood City Council July 6, 1998 Page 10 Nays : Absent: None Council Member Habenicht Motion carried. Mayor Bums thanked Ms. Barnes for her willingness to serve on two boards. Mayor Bums presented a cenificate for each appointment and City pins to Ms . Barnes. (C) considered. A resolution appointing Carol Bell to the Englewood Public Libl'31)· Board was The resolution was assigned a nwnber and read by title : RES0Lt.m0NN0. 59,SERIESOF 1998 A RESOLt.mON APPOINTING CAROL BELT TO 1lfE PUBLIC LIBRARY BOARD FOR nIB CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) -RESOLUTION NO. 59, SERIES OF 1998. Ayes: Council Members Nabholz, Garrett. Bradshaw. Waggoner. Clapp, Burns Nays: None Absent: Council Member Habenicht Motion carried. Mayor Bums presented a cenificate and City pin to Ms. Bell ( d) A resolution appointing Janet Berens to the Englewood Clean. Green and Proud Commission was considered. The resolution was assigned a number and read by title : RES0Lt.m0N NO. 60. SERIES OF 1991 A RESOLt.mON APl'OINllNO JANET BERENS TO 1lfE CLEAN, GREEN AND PROUD COMMISSION FOR 1lfE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMalR WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (I)· RESOLUTION NO. 60, SERIES OF 1991. Ayes : Council Members Nabholz, Garrett. Bradshaw. Waggoner. Clapp, Bums Nays : None Absent : Council Member Habenicht Motion carried. Mayor Burns presented a cenificate and City pin to Ms. Berens. (e) considered. A resolution appc,iming Robert Cassidy to the Englewood Water and Sewer Board was The resolution was assigned a nwnber and read by title : ,,. - • •· • 0 . -,,, . , <. Englewood City Council July 6, 1998 Page II • 0 - RESOLUTION NO. 61, SERIES OF 1998 - A RESOLUTION APPOINTING ROBERT CASSlDY TO THE WATER AND SEWER BOARD FOR THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (e) -RESOLUTION NO. 61, SERIES OF 1998. Motion carried. Ayes: Council Members Nabholz. Garrell. Bradshaw. Waggoner. Clapp, Bums Nays: None Absent: Council Member Habenicht Mayor Burns presented a certificate and City pin to Mr . Cassidy . (1) A resolution appointing Julia Ciebiera as a youth member to tile Englewood Parks and Recreation Conunission was considered. The resolution was assigned a nwnbcr and read by title : RESOLUTION NO. 62. SERIES OF 1998 A RESOLUTION APPOINTING JULIA CIEBIERA AS A YOIJTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (f) -RESOLUTION NO. 62, SERIES OF 1991. Motion carried . Ayes : Council Members Nabholz. Garrell. Bradshaw. Waggoner. Clapp, Bums Nays: None Absent : Council Member Habenict. Mayor Bums presented a ccrtifacate and City pin to Ms. Cicbicra (g) considered. A resolution appointing Judy Counwright to the Englewood Public Library Board was The resolution was assigned a number and read by title : RESOLUTION NO. 63 , SERIES OF 1998 A RESOLUTION APPOINTING JUDY COURTWRIGHT TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (&) -RESOLUTION NO. 6J, SERIES or 1991. Motion carried . Ayes : Council Members Nabholz. Garrell. Bradshaw. Waggoner. Clapp, Bums Nays : None Absent: Council Member Habenicht • ' I ·- • • , - • • Englewood City Council July 6, 1998 Page 12 '· • • • Mayor Burns presented a ccnificate and City pin to Ms. Courtwright. (h) A resolution appointing Nicole Davis as a youth member to the Englewood Parks and Recreation Conunission was considered. 'The resolution was assigned a nwnber and read by title: RESOLUTION NO. 64, SERIES OF 1998 A RESOLUTION APPOINTING NICOLE DA VIS AS A YOlITH MEMBER OF 1llE PARKS AND RECREATION COMMISSION FOR 1llE CITY OF ENGLEWOOD, COLORADO . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (b) • RESOLUTION NO. 64, SERIES OF 1991. Ayes: Council Members Nabholz. Garrett. Bradshaw. Waggoner. Clapp, Burns Nays: Absent: None Council Member Habenicht Motion carried. Ms . Ciebiera accepted the certificate and City pin on behalf of Ms. Davis. ,,._ (i) A resolution n:appoinling Emmett Ducmke to the Englewood Downtown Development Authority was consiclcrcd. The resolution was assigncd a number and ,ad by title : RESOLUTION NO. 65, SERIES OF 1991 A RESOLUTION REAPPOINTING EMME1T DUEMKE TO 1llE DOWNTOWN DEVELOPME!IIT AlITHOIUTY FOil 1llE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMSER 81lADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (i) • RESOLUTION NO. 65, SERIES OF 19'1. Ayes: Council McmbcB Nabholz. Gamu, Bradshaw. Waggoner. Clapp. Buns Nays: Na. Absent : Council Member Habcnicbl Motion carried. (j) A resolution appoinling Jacqueline Ed•vds to the Englewood Clean. Gn,cn Uld Proud Commission was considered. The resolution was assigned a number and ,ad ~ title. RESOLUTION NO . 66. SERIES OF 1991 A RESOLUTION APPOINTING JACQUELINE EDWARDS TO 1llE CLEAN . GREEN AND PROUD COMMJSSION FOR 1llE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEM8H WAGGONER MOVED, AND IT WAS HCONDI.D, TO APPROVE AGENDA ITEM I 0) -llESOLUTION NO. "'SI.RIES or 19'1. Ayes : COUIICII Mealben Nabholz. Glml1. Bradshaw. Wagoocr. Clapp. . ' .. .. • • 0 . - I J", f ]- - ' Englewood City Council July 6, 1998 Page 13 Nays: Absent : Motion canied. • 0 - Bums None t• Council Member Habenicht Mayor Bums presented a cenificate and City pin to Ms . Edwards. II - (k) A resolution appointing Steve Finer to the Englewood Downtown Development Authority was considered. The resolution was assigned a number and read by title : RESOLlITION NO. 67. SERIES OF 1998 A RESOLUTION APPOINTING STEVEN FINER TO TIIE ENGLEWOOD DOWNTOWN DEVELOPMENT AtrrnORITY. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (k) -RESOLUTION NO. 67, SERIES OF 1998. Ayes : Council Members Nabholz. Garrell Bradshaw. Waggoner. Clapp. Bums Nays: None Absent: Council Member Habenicht Motion canied. (I) A resolution R2pp0inting 8alban Fout to the Englewood Liquor Licensing Authority was considc:l'ed. The resolution was assigned a number and read by title : RESOLlITION NO . 68. SERIES OF 1998 A RESOLlITION REAPPOINTING BARBARA FOlIT TO 1llE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR TI{E crrv OF ENGLEWOOD. COLORADO COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (1) -RESOLUTION NO. 61, SERIES OF 1991. Ayes : Council Members Nabholz. Garrell Braclsmw. Waggoner. Clapp. Bums Nays: None Absent: Council Member Habenichl Motion canied. (m) A resolution appoinling Cole Hayduk to the Englewood Planning and Zoning Commission was considered . The resolution was assigned a number and read by title : RESOLlITION NO . 69. SERIES OF 1991 A RESOLlITJON APPOINTING COLE HAYDUK TO 1llE PLANNING AND ZONING COMMISSION FOR 1llE crrv OF ENGLEWOOD . COLORADO . . -. I'" . . ' • .. • • 0 , ? • • • • Englewood City Council July 6, 1998 Page 14 COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (m) -RESOLUTION NO. 69, SERIES OF 1998. Ayes : Council Member.. Nabholz, Garrett. Bradshaw, Waggoner. Clapp. Bums Nays : None Absent : Council Member Habenicht Motion carried. Mayor Bums presented a ccnilicate and City pin to Mr . Hayduk . (n) and (o) A resolution iuppointing Mike Heberling as a youth member to tile Englewood Public Libnuy Board and a resolution appointing Mike Heberling as a youtb liaison to tbc Englewood Cultural Arts Commission were considered. 'The resolutions were assigned a number and read by title : (n) RESOLUTION NO. 70. SERIES OF 1998 A RESOLUTION REAPPOlNTING MICHAEL HEBERLING AS YOU1li MEMBER TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD. COLORADO. (o) RESOLUTION NO. 71 , SERIES OF 1998 A RESOLUTION APPOINTING MIKE HEBERLING AS A YOU1li LIAISON TO THE CUL TIJRAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS I (n) AND (o) -RESOLUTION NO. 70, SERIES OF 1991 AND RESOLUTION NO. 71, SERIES OF 1991. Council Member.. Nabholz. GamU. Bnldshaw. Waggoner. Clapp. Bums Ayes : Nays : Absent: None Council Member Habenicht Motion carried . Mayor Bums noted tbat they appreciate Mr. Heberling taking on anotJiier youth membership to go along with his sacrling service thus far . Mayor Bums presented a ccnilicatc for each appointment and a City pin to Mr. Heberling. (p) considered. A resolution appointing Nonna Holmberg to tlic Englewood Election Commission "as 'The resolution was assigned a number and read by title : RESOLUTION NO. 72 . SERIES OF 1998 A RESOLUTION APPOlNTING NORMA HOLMBERG TO THE ENGLEWOOD ELECTION COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (p) • RESOLUTION NO. 72, SERIES OF 19'1. Ayes : Council Mcmbc11 Nabbolz. Gamn. Bradshaw. Wagoner. Clapp. .. •· • 0 Englewood City Council July 6, 1998 Page 15 Nays : Absent: Motion carried. ' • • • Bums None t• Council Member Habenicht ,, - (q) A resolution appointing Rosemary LaPona to the Englewood Do,rntown Development Authority was considered. The resolution was assigned a nwnber and read by title : RESOLUTION NO. 73, SERIES OF 1998 A RESOLUTION APPOINTING ROSEMARY LAPORTA TO 1lfE ENGLEWOOD DOWNTOWN DEVELOPMENT AUlliORITY . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (q) -RESOLUTION NO. 73, SERIES OF 1998. Ayes : Council Members Nabholz. Garrett Bradshaw. Waggoner. Clapp. Burns Nays: None Absent: Council Member Habenicht Motion carried. Mayor Bums noted they were thankful for Ms. LaPona's ilUercst in the downtown area. which extends over some 20 years. (r) A resolution recommending the appoinlmcnt of Shaw11 Leonard to the Englewood Housing A!Oority wu pulled. Mayor Burns explained that it is being pulled because the Housing Autborily bas not met since be wu recommended for appointment and he is coming to the meeting on Wednesday nigbl and that will come up the next time. (s) A resolution reappointing Corrine Lindsey to the Englewood Cultural Arts Commission was considered. The resolution was assigned a number and read by title: RESOLUTION NO . 74, SERIES OF 1998 A RESOLUTION REAPPOINTING CORRINE LINDSEY TO 1lfE CULTURAL ARTS COMMISSION FOR 1llE CITY OF ENGLEWOOD. COLORADO . COUNCIL MEMBER IRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I(•) -RESOLUTION NO. 74, SERIES OF 1998. Ayes : Council Members Nabbolz. Garrett Bradshaw. Waggoner. Clapp. Bums Nays: None Absent : Council Member Habenicht Motion carried . Mayor Bums DOied Ms. l.iadsey is \'Cf)' intcresled in Ilic Cultural Ans Commission and thcy wanted to 1hank her for volllllleering to len'C apin. . , • •· • 0 , ") £.nr,leWood City council Jul,· 6, 1998 Par.e 16 • 0 ,. • (\) considered · 11lc (C501ulion was assigned a nuJPbCr and read ti)' uuc : Rf.SO'-\J{\ON NO . 15. SEP.lES Of 199S • .,socuno• ""°""'"G ot,1.E MCcuu,ouGH TO -n<E M'1-LEV CE"'1'• ,-.uST fUl'O """"' --n<E err< Of E•GLEW()()O· c(Jl.()lWlO · cou•CIL "'""'" ,,.GGofff'• >1ov<D, ••• rr .,,.. s«o••••· ,o """'"' "'" ~·--"""" ............ ,,,-. c .... . ,c•MD• rr<" • ,,, -llf.SOL,rno• •<> i,,s•-o• ,.,.. sums Nays ·. None ,\bSCnt : council Mctnber Habenicht Motion carried · (U) considered · 'Tl\C (C501ulion was assigned a nuJPbCr and read ti)' uuc: Rf.SO\.\J{\ON N(). 16. SEP.lES Of 199S A .. SOL\f{lON ""°""'"" ,os•• arros"" TO-n<E pUBLIC LIB • .,_y l)()Aldl FOi' niE err'{ Of ENG\.EwQOD . coLOV.00· couMC1L ...-• w,GGofff'• """'"' AND rr .,,.. s«:o••"· TO ,.,..o.,._ ,cv<"" rr<", ,., . llf.SOLuno• MO-,.,_... Of,,,.. "'" ~·--°"""·-·,.,-.c..,.. sums Nays: None ,\t,seni: council Mcitlbe' \\abCl'ichl Motion c;arncd · "' .................... -~ .............. .-..... ~ ,\u\h()OtY was considcrcd- 'Tl\C resolution was assigned a n111nber and read ti)' 1itlc: Rf.SO\.\J{\ON NO , 11 . SEP.lES Of \998 , ....,._unON """'°'"'""' c.,_v oXM•• 10-n<E oo"""°""' oEvEL()PMEM'l ,UTffO""" '°" -n<E err< Of ENGLEwo00 · ~- co\lMCIL ,., .. ••• ........ ., ,..,_. ..... rrw.s s«o••••· ,o .,._. ,c••DA""' "''. llf.SOLuno• •<> 11.••-o• ,.,.. AH C-·-·-c;,ndL ........... .,,,,...C- SUfl'S Nays . ~ ,\bSCl\l . council Mcftlbcr Habenicht • . • 0 • • 0 - Englewood City Council July 6, 1998 Page 16 • • • • (t) considered . A resolution appointing Dale McCullough to the Malley Center Trust FWld was The resolution was assigned a nwnber and read by title: RESOLlITJON NO. 7S, SERIES OF 1998 "' - A RESOLlITJON APPOrNTING DALE MCCULLOUGH TO THE MALLEY CENTER TRUST FUND BOARD FOR THE CITY OF ENGLEWOOD. COLORADO . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (I)· RESOLUTION NO. 75, SERIES OF 1998. Ayes: Council Mcmbcn Nabholz, Gam:tt. Bradshaw. Waggoner, Clapp. Motion canied. (u) considered. Burns Nays : None Absent: Council Member Habenicht A resolution appointing Robin Ottoson to the Englewood Public Library Board was The resolution was assigned a nwnbcr and read by title : RESOLlITION NO. 76, SERIES OF 1998 A RESOLlITJON APPOINTING ROBIN 01TOS0N TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD. COLORADO . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 <-) • RESOLUTION NO. 76, SERIES OF 1991. Ayes : Council Members Nmholz, Gam:tt. Bradshaw. Waggoner, Clapp, Bums Nays : None Motion carried. Absei11 : Council Member Habenicht M A resolution reappointing Gary Oxman to lbc Englewood Downtown Development Authority was considered. The resolution was assigned a nwnber and read by title : RESOLUTION NO . 77, SERIES OF 1998 A RESOLUTION REAPPOINTING GARY OXMAN TO THE DOWNTOWN DEVELOPMENT AUTHORITY FOR THE CITY OF ENGLEWOOD. COLORADO . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM IM · RESOLUTION NO. 77, SERIES OF 1991. A)'CS " Council Memben Nmholz, Garren. Bradshaw. Waggoner, Clapp, Bums Nays : None Absent : Council Member Habcnichi • .. •· • r ? - Englewood City Council July 6, 1998 Page 17 • • l~ - (w) A resolution reappointing Manha Warner lo lhe Englewood Cultural Arts Conunission was considered. 1be resolution was assigned a number and read by lille: RESOLUTION NO . 78, SERIES OF 1998 ;- A RESOLUTION REAPPOINTING MARTHA WARNER TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (w) -RESOLUTION NO. 78, SERIES OF 1998. Ayes : Council Members Nabholz, Garrell. Bradshaw. Waggoner. Clapp. Bums Nays : None Absent : Council Member Habenichl Motion earned . (x) A resolution appoinling Dena Zocher 10 lhe Englewood Clean. Green and Proud Commission was considered. 1be resolution was assigned a number and read by title : RESOLUTION NO . 79, SERIES OF 1998 A RESOLUTION APPOINTING DENA ZOCHER TO THE CLEAN, GREEN AND PROUD COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO. COUNCR. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (s) -RESOLUTION NO. 79, SERIES OF I,,._ Motion carried . Ayes: Council Members Nabbolz, Gama. Bradshaw. Waggoner. Clapp, Burns Nays : None Absent : Council Member Habcnicbl Mayor Bums prescntt:d a c:miflClllc and City pin lo Ms. Zocbcr . • • * •• Council Member Bradshaw thanked lhem all for volu111ccring lo help the City. On behalf o( Council. Mayor Bums !hanked all of lhc people who serve on our boards and commissions. He DOied be is always amaz.cd al how many people volunlccr and what yeoman work ~ do and how much they dcdicale themselves 10 Ilic laSks of Ilic commissions. Without their service. be said, the City would no1 be able 10 function the Wll)' 111.11 ii does . He !illllcd the service they render is extremely valuable 10 lhis communily and we really do appreciate ii. 9. l'IIWic Hearia& • . .. •· • 0 '1~,~ , , ? • Englewood City Council July 6, 1998 Page 18 • 0 , . • (a) Mayor Bums nolcd lhis was a public hearing lo galher ciri zen input on Council Bill No . 29 . which would approve proposed amendments to tl1e Ciry of Englewood's Telecommunications Ordinance. Council Member Ganctt stepped our of tl1e meeting. for tl1e public hearing. because he had a conflict. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER CITIZEN INPUT ON COUNCIL BILL NO. 29, WHICH WOULD APPROVE PROPOSED AMENDMENTS TO THE CITY OF ENGLEWOOD'S TELECOMMUNICATIONS ORDINANCE. Ayes : Council Members Nabholz, Bradshaw. Waggoner. Clapp. Bums Nays: None Absent Council Members Garrett. Habenicht Motion carried and lhe public hearing opened . All testimony was given under oalh. Planning Analyst Brad Denning. prescn1ed Proof of Publication of No1ice of Public Hearing which was published in the Englewood Herald on June 5. 1998 . He advised staff requests tli.11 Council consider amendments to lhe Englewood Comprehensive Zoning Ordinance. 10 add lelecommunications standards in lhe City to address lhe rapid grow1h of 1he lelecommunications indusuy. Specificall~. he noted. lhe location of wireless telecommunication rowers and facilities . He stared 1ha1. as of February 1997. Council Bill No. 9 was enacted to establish a lempora,y suspension on tl1e issuance of pennits for tl1e construction and installation of wireless telecommunication rowers in tl1e Cil)•. Titis moratorium "as 10 provide rime for City staff to collect infonnation and revise zoning regulations protecring 1he communi~ and tl1e indusuy interests. 'The moratorium ended in November 1997 and. he said, ii was found tlia1 the current zoning regulations were inadequate to deal wilh land use impacts associated with tl1ese facilities. Mr. Denning advised lhat lhe Office of Neighborhood and Business Development lias continued 10 l"C\ iew tlie repons from different communities to keep current wilh lhe issue. He opined tliat tl1e proposed standards Council is seeing before lhcm tonight offer an equitable means for the industry carriers to pro, ide wireless communications in rhe City of Englewood for businesses and citizens. 'The foremost issues. in the ordinance. are those of location of the facilities and towers. the co-location of anreruiae . tl1e invenrories of existing structures and the possible incentives. Due 10 tl1e specialized narure of lhis 1opic. the Cil)• Attorney's office appointed Mr. Ken Fellman from Kissinger and Fellman 10 draft a proposed ordinance by working with various City dcparuncnts. Mr. Fellman is here lonight. he said, and he \\ill address the conrent of lhc ordinance. He also worked wilh the indusuy task force and some of rhose members are here this C\·ening as well. Mr. Denning said. Mr. Fellman has assisted a varicty of mwuc1pali1ies wilh their ordinances and also is a chair of lhc FCC stale and local gO\'Cmmcnl adviso~ comminec. Mr. Denning said he would like to introduce Mr. Fellman nght now. if lhcre were no furtl1er quesuons of staff. Ken Fellman. 3773 Chert)• Creek Nonh Drive. Demer. S131ed lie is lhe Cil)·'s consultanl tliar has been w·orking to help put 1oge1hcr this ordinance He said. by wa)' of a brief background to pul this in perspective. thal in 1996 Congress passed. and rhe Prcsidenr signed. rhc Telecommunications Acl. which was a sw-ccping amendment of lhc Co1nn1unica1ions Acl of 1934. Section 704 of the 1996 Act deal! with the placement of wireless telecommunications facilities . he said, and most oftl1e fac1li1ics tliat we think of when we hear wireless facilities . are cell phones. PCS phone. But. he pointed our. i1 also involves digital pagers and there are new technologies on llie way like "ireless moderns and soon ~ou will be able 10 get on the lnremct from your lapcop . without any wires. as you are driving down Hampden. In response to Council Member Bradshaw. Mr. Fellman agreed thal llie police will have their hands full \\ith thar when it happens. He explained tliat Section 704 basic::lly was a reaffinnation of local conrrol o, er the land use issues involved in lhc siting of lhesc facilities . witl1 ccn.1in narrow. substanrivc and procedural limitations on local government action. Mr. Fellman poinlcd our the limitations are that . as a C il\. ,our ordinances can no longer prohibir or ha,-c lhc affect of prollibumg lhe delivery of wireless 1elcco~.iiunications • •. • • • 0 , - • • • Englewood City Council July 6, 1998 Page 19 • 0 I• • facilities in your commwiity, your regulalions cannol unreasonably discrimina1e againsl pro,·iders of functionally equivalenl services. Cities are no longer allowed 10 consider I.he environmcnlal effects of radio frequency emissions in consideration on placemen! of wireless facilities. so long as the facilities mec: lhe Federal standards for tl1ese emissions. You are required lo act on applications. according to I.he S1.an11e. witllin a reasonable period of lime, which Congress has said is your nonnal period of time for dealing \\ilh land use issues. If you are to deny any application ii must be in writing. based upon substantial e, idence in a written record. He said, as Council will no1e. lhat the ordinance oullines lhal any decision. whelher ii be approval or denial. will be in writing. He noled lhal the Telecommunicalion's Act caused communities around lhe country 10 step back and take a look al their zoning ordinances and to Ir'.'' to figure out "hcther lhe ordinances were sufficienl 10 handle lhe influx of facilities thal were going to be popping up around the country. He said lhat. as they will note. just from driving around tl1e metro area. there are a "hole . ot more lowers than there were five years ago or even tllree years ago. The staff here has done n hat man~ communities have done, which is. take a look around the City to try to idenli~· whal areas would be most approprialc 10 have these facililies ... to try 10 creale incen1ivcs. lo encourage facilities 10 locate in those zoning districts and not in othe~ ifat all possible . l11e ordinance creates an administra1 i,·e process for applications and infonnalion tliat must be given 10 the City staff and Council for facili11es and contams provisions to protect the public health and safety in coMection with tl1e construction of tl1esc facihues He advised lhal he was worked very closely over lhe past few months with Brad De1U1ing. of late "i th Sancy Reid in the City Attorney's office and with a nwnbcr of other members of your staff. He said he: must tell Council that they have been very coopc:ralivc and they should be \'Cf)' proud of all of tl1em. lhat the~ ha\'c done a great job. Mr . Fellman advised Ibey have done four or five drafts of tl11s ordinance: :ind th~ ha\'c worked with the industry laSk force. as Mr. Denning mentioned. They recei"ed some good input from lhe industry and he commented tliat he would say they have incorpor:11ed tl1c vast 1naJority of the issues tha1 were raised. As is usually the case with these kinds of processes. he ad\'ised. you end up n1th a better ordinance and you also end up with a couple of issues where you end up agreeing to disagree on somctlung thal the industry might want. but lhe City staff might not want to propose to Council. Mr . F e llman stated thal we do have a couple of lhosc. He said he would mention tonight so1nc areas tliat CoWtcil ma~ be hearing some testimony on. as to a possible concern. and tl1en he would just open it up to questions. He: said thal it is his understanding thal one of lhe industry task force members has a concern about the provision of the ordinance in Section (C) ( 3). which deals \\itl1 preexisting towers. 111c section sa~ s that if a facility is preexisting it docs 11111 need to comply with I.he requirc1ncnts of tl1c ordinance except for ... and ii lists certain subsections of Section (G). subsections (3). (4). (5). (6), (7), (8) and Section (L). Section (G). be explained. are the general guidelines and requirements in the ordinance. He explained lhat those include lhe federal requirements requiring lhesc things to meet all federal stand:lrds. radio frequcnc~ emission standards. prohibiting signal intcrference ... you don't want facilities tliat "ill be interfering \\1th ~our public safety communications. requiring that modifications be made in such a way that tl1~ do not cause interference. prohibition of advcnising on towc~ and Section L which is also required of prcc-...asung towcrs ... requires them to be removed after a period ofti1nc iftl1ey are abandoned. He said II is his undcntanding that tlicre is a concern with subsection (G) (-4). which says that all to"crs. mcludmg preexisting towers. must meet all applicable local building codes. Tiic issue. as he Wldcrstands 11. 1s a conccm thal this should DOC be made retroactive, that if tl1cre is a tower thal got a pennn I\\ o ~ can ago and if two years from now the building code changes. that Uiat tower should not be required to be brought into compliance. The City Attorney's office asked him to research lhe issue. he advised. and lus op,ruon based upon thal research. "hich he has provided 10 staff. is that in ceruin cases "hen 11 ,s of a concern for public health and safety it is appropriate to require retroactive application of ccnam codes that dc:il \\1th public safety ... and there 1s a case out of the Cil)' of Boulder \\hich required retroactl\ c apphcauon of a fire code dealing \\ith installation of sprinklers. in a propeny th,11 prev1ousl) didn't ha, c: 11 and after d1 scuss1ons with staff that it is lus opinion. and stairs suggestion. tliat tlus is a public safct~ concern to make: sure that lhe structural mtcgnl) of ton crs arc niamt:uncd in a manner lhal is co11S1stcn1 w1tl1 "lia1c, er the: c:~1sung standard for safet} is at the tune. So thal is in tlie ordi1iancc in Section (G) ( -4 ). He Slated that 11 1s. m his opinion, a policy decision whether you want to keep it tliere. He s.:ud then: \\U a concern a month or so ago, as to whether Section (1), which deals with specific pennilled uses , was consistent \'1th Figure I Figure 1.11 lhe end oflhe ordinance. buically outlines wha1 is a condiuonal use and "hai 1s a pennined • I • • 0 , 2 - Englewood City Council July 6, 1998 Page 2U • 0 , . • use. He said he thinks they have added language to subsection (J) (5) and now all of Section {J). subsections (I) through (5) arc consistent with Figure I , so he believes that issue has been addressed adequately . He asked if Council had any questions of him at this time. If they would like to hear otlier testimony, he said. he would certainly stick around and be available for questions at whatever time the Council needs to pose them. Mayor Bums noted that he and Mr. Fellman spoke at the Colorado Municipal League Conference about the building code issue and retroactivity. He opined that one of the time honored areas that you can liave retroactivity in municipals laws is the issues of public health. welfare and safety. If that is reasonably enforceable as a policy decision he felt they should apply iL Mr. Fellman wised that it is in there now. that that was the result of his research and he shared it \,ith the City Attorney's office and he felt they concur ... lhat he would let Mr. Brotzman speak for himself. .. but that was the issue as he understands it and he agreed witli the way Mayor Bums described it . Mayor Bums noted tllis was one of the areas on which Mr. Fellman gave a presentation on at tlie !\.letro Mayor's Caucus in February. One of the key are.1s of concern was local decision making on zomng questions and controlling land use at the local level. without having federal regulators~-to preempt this area by their regulations . Generally . Mayor Bums asked. how are we doing in that regard ? He said he knows he has cfJcctuated some communication witli the indusuy. tliat previously hadn't been present in Washington. on some of tliese issues . Mr . Fellman said that generally he tliinks we are doing pretty well . One of the !lungs tliat appears in Section 704 is a provision on how disputes are to be handled. Many disputes. dealing witli the telecommunications industry and local govenunent end up at the FCC and they arc heard in an admirlistrative process . And of course. he noted. for any communi~ in tlie coun~ that is outside the beltway. tliat means having to travel to the fonun :ll which your local practices arc being challenged and it does create a burden . Section 704 requires tl1.11 any disputes over the placement of wireless tclccommurlications facilities arc to be heard in a local coun with jurisdiction O\ er the communitv thal is dealing with the issue . He said he would tell Council that probably . in !lie last two years. there have been about twelve decisions. most of them district coun decisions. where a carrier Im challenged a local govcnuncnt. Eitlier saying the denial was improper or you ha\e a moratoriwn and !lie moratoriwn is improper and probabl y in about two-thirds of those cases the couns have held tliat the local government acted improperly and required Ilic placemcnl or Uic construction of the tower or in some cases it \\35 putting antennas on a water tank . In about a lllird of !lie cases. lie advised. Ilic couns lia\ e held Uiat the cities ha,·e acted properly in thc dcrlial . Those cases are suning to identify wliat is the righ1 wa~ to handle these issues and what 1s Ilic wrong way to handle these issues . He opined it pro\'ldcs good guidance . Mr. Fellman noced that he ga\'C a talk on that issue at Ilic Conference for the anom~ 's section He saJd he can attCSI for our C1~ Anomcy that lie was in anend.mce and he has a Cop) of that outline. He said he is ,·cr:- confidcnt that EnglC\'ood will never err on those issues so long as you take llis advice . Council Member Bradsliaw asked how many places we have identified Uiat we \,ould hmc 10 .she asked 1fwc ha\-e done tliat Mr Fellman advised 11 is not the case "here )OU 5a) it 1~1s to go here . here or here He c"'plaUlcd tl1.11 \\h.11 w1ll liappcu 1s. a carrier will come in and say we lia\c a hole m our ~stem or we arc dropping too man~ calls or we 11.1,·c so many customers we need addiuo11.1l facilities . and the, idcntil\ search nngs ;md tJ,~ will 5.1) we need a si te witllin tliis geographic area. What \\C 1~1\ C SCI up IS a process to encourage either o-locauon on cxi ting facilities or locations on existing structures. He noted if ,ou can put these thmgs on the side of a building ... if this was a bu ilding and you can put an antcnro on the front and paint it Ilic same color ~ou dri,c by . and wilcss )OU are lookmg for II you don'1 lu10\, 11 1s Uicre . He opined Ulal 1s mu h bcllcr than b111ld111g a new tower. So . he said. we l1.1vc created a process \\ here it is easier 10 do 1h31. ~ou can get adnunistr:ni\c approval for 11~11 . He opined U1.1L if it will \\Ork for the compan). lllC) w1II take Ilic patli of lcast resistance. as \\ ill all businesses If he can get Ilic zorung officer to Sign otr on II and he doc n't have to go to Planning and Zoning for approval and !lien 10 Council for appnl\al . he would much ratlicr go Ilic firSI w11y . Mr. Felln~1n achiscd they ha,c med to create that kind of mc:cnu,c suucturc m tlus ordinance. but 11 will really depend on thc mdi\'idual needs of the company as 10 • • ,,, - • • 0 • • • ' Englewood City Council July 6, 1998 Page 21 • 0 • " - • where they need a facility. He pointed out they may get an application where somebody comes in and says we have to have this tower in this residential area. it is the only way they will be able to provide coverage. Then it becomes, really, a test of having your expert look at their expert's report and look at tl1e technical data and trying to detennine if they really need that or is tl1ere some other altema1ive . So. Council Member Bradshaw said. in some way we do maintain some local control. Mr. Fellman said that is righl Ms. Bradshaw noted that was what she was trying lo get. And. Mayor Bums pointed out, some of these can be camouflaged. made to look like a certain kind of tree or whatever. It has been done in some communities. Mr. Fellman agreed it has been done. He noted it is much more expensive to do it that way and he would caution Council that it is probably not appropriate or good business to say you must camouflage in every instance. But if the only site possible is in a residential area or near a landmark in the community ... Mount Vernon. George Washington's estate in Virginia. was one of the first ones where they had a fake tree and tl1ey have fake palm trees in Arizona and Florida. lf you drive down I 25 on Monwnent Hill and you look on tl1c west side. there are a couple of fake trees there. lf you look real close you can tell tl1cy are clearly fake . bul again. he said. if you are just dri\"ing by you don~ notice it. Whereas a steel monopole painled gray would be an eyesore . Council Member Waggoner asked if this industry was considered a ulility . Mr. Fellman stated it is not a public utility, under our Public Utility Statutes. Mr. Waggoner said our ordinance for fees is just strictly utility then. not public utility . And. City Attorney Brotzman advised. you are building a fee in with this specific ordinance. Mr. Fellman noted there is an administrative fee that is charged to get one of these pennits. Council Member Waggoner said he understands tl1at but. he asked. aren~ all utilities in the City of Englewood required to pay a fee for the collection of service ... a ser\"ice fee type thing, in addition to this. City Attorney Brotzman said that is right and tlus won't be. Mr. Waggoner said tl1is is not a utility then. Mr. Brotzman said tliat is correct. Mayor Burns asked if Council had any ocher questions of Mr. Fellman . There were none . Ann Closser. 4720 Table Mesa Drive. Suite F. Boulder. Colorado. told Council thal she was representing Air Touch Cellular and is a land use consultant for Air Touch. She 53id she agrees wholehcanedly with Mr. Dcnning's statement that he feels the City has come to an equitable means. through this ordinance. to provide telecommunications services to those residing or working uitl1in tlus municipality. She commented thal the ordinance is very well written. however. consistent with ,,hat Mr. Fellman had to say. there arc just a few areas in which we have rcspcctfully agreed to di53grcc . One area is really noc substantive at all. it is just a matter of clarification. She said she is not sure which version they arc working with. but she referred Council to 16-S-29 (J). one of the two areas Mr Fellman referred to . Here. specific permitted uses arc lisied . she aJviscd. and a question was raised about a montl1 and a half ago at the Planning Commission hearing. as to whether or not this list was conclus1\"C and does it really compon with the chart. She asked Council to Oip over 10 Figure I. pointing out that it shows all of the zone distncts and indiCaleS whal kind of process is necessary for tl1c different kinds of facilities . She called their ancnuon to the bottom oftJie chan. under 3JlteMo1e . and stated tliat you·\'e go1 microwa,e antennas. sectorized panel antennas. and whip anteMo1s . Ms. Closser referred back to Section (J ) \\here fi'"e different kinds of facilities are listed th:it are specifically permitted. Missing from this. she advised. are the sectorized panel and whip anlennas and microwave antelUl3s. Slie said she has discussed t11is with Mr. Fellman. and he is of the opinion lliat the scctorized panel antennas and whip antenna.~ are included \\ilhin (J)(3). Paragraph (1)(3) refers to antenrl35 on existing alternative tower structures. she said. Essentially, it says that if you have an antenna. and you are locating it on an existing altcmati\'e tower structure. you are a specifically pcrrnined use. which is consistcnl with the chart . Slie said Mr. Fellman reasons that in Ilic definition of alternative tower structure. it includes buildings. She said she does not agree that tlus captures scctorized panel antennas and whip antennas. because. in Ilic definition section. building and roof mounted an&ennas are given separate definitions. so tliey arc parceled out for separate treatment . They are treated separately on the chart as separate categories. slic Slressed . If you read tlvough all tJie language. slie commented. • I • • C ' - • • • Englewood City Council July 6, 1998 Page 22 • 0 • which is a little laborious at tllis point. it says that you can add antennas to an existing alternative tower structure, so long as it does not project a diS1311ce or more tlian founeen feet out from tl1e structure. Ms. Closser said she certainly does not believe t11e City or Englewood intends to ha\"e a building mounted antenna projecting out up to, possibly, founeen feet. She said she wanted 10 reference tl1e specific language that says the antennas could be mounted on existing alternative tower structwes so long as it is consistent with any applicable conditions or approval for that site. which pre\·iously ha\·e been imposed by the City. She said she feels this paragraph is dealing specifically with mounting anteMas on alternative tower structures. which arc the man-made ITeCS that we talked about. Ms. Closser ad\iscd tliat she is not asking substantively for any change to the ordinance. but ratlier. for clarity. since the kinds or uses that are allowed are specifically spelled out. She said she secs no prejudice to jurisdiction \\ hatsoc\"er. She opined that Mr. Fellman was amccmcd that if you add a nwnbcr 6 and spell out that scctonz ed panel antenna shall be allowed in any zone district. and whip antennas. that be is going to be redundant. She suggested that he could just put them in one paragraph for Ilic scctorizcd and the \\ llip. because th~ are allowed anywhere. and then number 7 could specifically enumerate the zooc districts \\ here those antennas were allowed. She repeated that she is only asking for clarity. not for anything else. Ms. Closser said she had two more points she would like to raise . She called Council 's anention to Section 16-5-29 (G)(3). This paragraph essentially requires tliat all telecommunicauon facilities meet or exceed the cuncnt standards and regulations of the FAA. the FCC and any other agen~ or tl1e federal govenunent which has authority over these installations. Ms. Oosser did not contest that pro\"ision. however. if you continue: on. she said . Section (G). paragraph (5) deals with radio frc:quen~ standards. 11,e language in this particular paragraph requires that. upon application. the pro,·ider submit a repon that indicates the predicted field measurements or Ilic installations in relation to tJ,e FCC standards. She opined that we could just rely solely on the p.'Ullgraph she quoted earlier, paragraph 3. "here \\C ha\"e an obligation to comply with all FCC and FAA requirenicnts. which we are required to do as a maner or federal law. If the City is going to get into issues such as RF emissions. it will probably be gening into an area that it won ·1 want to be involved with. She said she feels Ilic federal government has taken control or thc:sc: issues. She noted. as Mr. Fellman said earlier. one or the limitations or the Federal Telecommunications Act on local governments is that you can 't regulate based on perceived health effects. She said she is not suggesting or getting inlo tbal an:na . but she is saying that it is a little redundant and wuicccssaf)·. and again asked if the City rcally wants to get into tllOSC issues thal arc really a matter or federal Jurisdiction. Lastly. Ms. Oossc:r said she heard Mayor Bums· amunc:nts about tl1c rctroacti\"C application of building codes. and. as Mr. Fellman pointed out. thal is the last area that we 113\"C agreed to disagrc:c: on. Air Touc h takes no issue whatsoever with this paragraph (3) in 16-S-29 (C){J). she asscned. ,..,th rcspc:ct to the retroactive application or all or those c:nwnerated sections. will, Ilic cxccpuon or bu1ldmg codes. We foci thal other dc:\-clopc:rs arc not required to retroacti,'Cly apply or come into compliance: ,..,th building codes. she said. and. for this industf)•. it sc:c:rns the IICIUliclll is somc:wliat wlfair. \\ "hen a fac11i~· is builL a building pc:rnlit is secured and. before the site is tumc:d on. there is a final inspc:cuon. which \'c:rific:s that the site is indeed in compliance: "i th operative: codes. To ask for additional rcquirc:rnc:nts later on. if there has bcc:n no change to Ilic facility . is not consistent ,..;th Colorado la\,. she S31d For the record. she said she would like to lodge tl1c:ir wrinen complaint to tliat specific pronsion. Mayor Bums asked Mr. Fellman if he 113d any comments regarding these c oncerns. Mr. Fellman said tliat tl1e definition or antcnna , in tl1e definition section or tllis ordinance:. says any transmining and/or rccc:i v ing device. So while tliere arc addition.11 definitions or roof mounted and building mounted. an anteru,a is any kind or antauia. When we sa~ install mg an antclUl3 on an existing altc:mativc 10 ... 'Cr structure. and an alternative tower structure is an~1Jling othe r than a tower on which you can pu1 an an1c:nna. it specifically says buildings arc one or those things. lliat 1s preny clear. he opined . Any kind or antauia is allowed on any existing altc:mativc: tower structure 1r 11 1s consistent with the Olhcr conditions or approval for 111:11 structure. He said he does not think "c nc:c:d 10 h.l, c an additional section thal says microwa\'c: a111cnnas arc also pcnnittcd and whip antelUl35 arc also pcnmncd. He opined that that .. • • • 0 ' ]- 1 Englewood City Council July 6, 1998 Page 23 • • • would crcate more confusion . Mr. Fellman pointed out. regarding the condition that as long as it docsn "t project outward a distance of more than founccn feet . that when it came up at the Planning Commission. we actually had a lower number on an earlier draft. One of the industry representatives said they might need more space, and that these things might project outward longer. possibly to founccn feet. so the Planning Commission said ftnc. they could live with that. He said he agrees \\ith Ms. Closser that in most cases they do llOI project out thal far. but the reason it is in lhcrc is that someone from the industry task force asked for it and the Planning Commission did ROI have a problem witb it. Mr. Fellman said that he was glad Ms. Closser raised the issue regarding federal compliance as set forth in (G)(3) and the request for RF emissions and the ,rcquircment that a repon be pro\idcd under (G)(S). bcc:ause tbal is ID inlpolu. issue. He allowed that he should have mentioned it in more detail in bis pl'CSCIOlion. If you lave a public hearing on one of these facilities. you will. almost guaranteal. lave citizens ask if tbesc things are going to cause imcrfcn:nce with microwaves and garage doors. and wbctbcr kids will be safe and express all kinds of health c:onc:cms . Mr. Fdlman said you don't have the expertise to know if the Slalldards arc too high or too low. the federal govcmmcnt docs set those . As an elected official. when you ldl a constituent that you cannot set the standards. it is because these are the federal Slalldards and the law says. if they meet the stand.vds. you caMOI consider the issue any funher. He added that. when you say that. he should be able to add that you have been assured. by test data. that they will meet the standards. llOI simply a letter that says we arc obligated to comply with Ilic federal standards. This probably means that you may have to hire an outside engineer to evaluate the information and rcpon that this does meet the federal standards.. that is why you have ID applicalion fee on these things. he said. But if it is important to you to be able to assure the citizens that the federal standards will be met. then you must have a provision where they prove that the federal Sllllldards will be met. This \,ill be a policy decision as to bow far you want to get into it, he added. Mr. Fellman said he already talked about the building code issue so he would just leave that. unless Council bad specific questions. 1bcrc wen: no further questions and lhcrc was no one else present to speak to the issue. COUNCR. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBUC IIEAIUNG TO GA TRER Cl11ZEN INPUT ON COUNCIL BILL NO. 29, WHICH WOULD APPROVE PROPOSED AMENDMENTS TO THE CITY OF ENGLEWOOD'S TELECOMMUNICATIONS ORDINANCE. Ayes: Council Members Nabbolz. Bradshaw. Waggoner. Clapp. Bums Nays : None Absent : Council Members Garrdt. Habcnichl Motion carried and the public hearing closed. Council Member Bradshaw asked if the resolution would be brought up at the nexi meeting. Mayor Bums <:Onfinncd thal it would. stating that the usual process is noc to vote on the same night of the Public Hearing. • •••• (Cleft's llOle : Council Member Gam:n returned 10 the meeting. ( 10 . Coa .. lApda (a) Approval ol' Ordinances on Finl Radin& COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i). (Ii). (iii) aN (Iv) ON ffllST READING. '' • • 0 . - '"'If I I I ]- • • , . • 1. Englnwood Cily Council July 6, 1998 Page 24 (i) COUNCIL BILL NO . 33. INTRODUCED BY COUNCIL MEMBER NABHOLZ A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN TI-IE ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND THROUGH TI-IE ARAPAHOE COUNTY CLERK AND RECORDER AND TIIE CITY OF ENGLEWOOD TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 3. 1998 . (ii) COUNCIL BILL NO . 34. INTRODUCED BY COUNCIL MEMBER NABHOLZ A BILL FOR AN ORDINANCE AMENDING TITLE I. CHAPTER 8. OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO MUNICIPAL ELECTIONS . (iii) COUNCIL BILL NO . 35. INTRODUCED BY COUNCIL MEMBER NABHOLZ A BILL FOR AN ORDINANCE SUBMI1TING TO A VOTE OF TI-IE REGISTERED ELECTORS OF TIIE CITY OF ENGLEWOOD AT TI-IE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO THE CHARTER OF TI-IE CITY OF ENGLEWOOD WHICH WOULD AMEND SECTION 110 OF THE ENGLEWOOD HOME RULE CHARTER PERTAINING TO BOND SALES LIMITATIONS FOR THE CITY OF ENGLEWOOD. COLORADO . (iv) COUNCIL BILL NO . 36. INTRODUCED BY COUNCIL MEMBER NABHOLZ A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF TI-IE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO THE CHARTER OF TI-IE CITY OF ENGLEWOOD AMENDING SECTION 46 OF l1-IE ENGLEWOOD HOME RULE CHARTER WHICH WOULD CHANGE THE TIME PERIOD FOR SUBMJTI1NG INITIATIVE PETITIONS PRIOR TO AN ELECTION FROM SIXTY DAYS TO NINETY DA VS . Ayes : Nays: Absent : Motion canic:d. Council Members Nabholz. Ciam:IL Bradslia". Waggoner. Clapp. Bums None Council Member Habcnichl (b) Approval of Ordinances on Second Reading COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (II) (i) alld (ii) ON SECOND READING. (i) ORDINANCE NO . 40 . SERIES OF 1998 (COUNCIL BILL NO 31 . INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AIJTHORIZING AN INTERGOVERNMENTAL AGREEMENT PERTAINING TO 11fE ENTERPRISE ZONE MARKETING CONTRACT. BETWEEN THE COLORADO DEPARTMENT OF LOCAL AFFAIRS . ECONOMIC DEVELOPMENT COMMISSION ("ED C ") A :0 THE cm OF ENGLEWOOD "'~ • . I· • , -• 0 • En&lewood City Council July 6, 19911 ,.25 (ii) ORDINANCE NO. 41. SERIES OF 1998 (COUNCIL BILL NO. 32. INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUlliORIZING AN INTERGOVERNMENTAL CONTRACT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND THE CITY OF ENGLEWOOD, COLORADO WHICH PERTAINS TO THE DESIGN OF THE PROJECT TO WIDEN AND CREA TE MEDIANS ON BROADWAY BETWEEN U.S . 285 AND YALE A VENUE IN THE CITY OF ENGLEWOOD. Voteraults: Ayes: Nays : Abscnl : Motion carried. Council Members Nabholz. Gam:tt. Bradshaw. Waggoner. Clapp. Bums None Council Member Habenichl (c) Resolutions and Motions COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (i). (ii) and(iii). (i) RESOLUTION NO. 80, SERIES OF 1998 A RESOLUTION APPROPRIATING FUNDS FROM THE 1998 BUDGET FOR THE DESIGN OF BROADWAY WIDENING AND MEDIANS PROJECT. (ii) CONTRACT WITH WHEELED COACH COLORADO IN THE AMOUNT OF $79,019.00 FOR THE PURCHASE OF A 1998 TYPE Ill FIRE RESCUE VEHICLE. (iii) CONTRACT WITH ST ACKHOLM DEVELOPMENT IN THE AMOUNT OF $27,780.00 FOR THE NORTH ENGLEWOOD ADA RAMPS . Voce raults: Ayes : Nays: Absent : Motion carried. 11. Replar Aa,nida Council Members Nabholz. Gamlt. Bradshaw. Waggoner. Clapp. Bums None Council Member Habenichl (a ) Approval of Ordinances on First Reading (i) Director Simpson presenled a recommendation from 1he Deparunen1 of Neighborhood and Business Dc:\-clopment 10 adopt a bill for an ordinance aulhorizing lhe uansfer of property to the Englewood Environmenlal Foundation. He advised that the Foundation Board of Directors was presenl 10 illl5'\'Cr Council's quaoons. Mr. Sampson said they believe 1his is a ve11 importaill ordinance IO funher the demolilion and ~I of Cinderella Cily . Mayor Bums asked if lhis is the lall l*1 of the partuna struc:tun:. Mr. Simpson responded thal this would take the ponion Iha! includes the partiq stnlelurc and IIIOYC it inlo ownership of !he Englewood • • 0 I • Englewood Cit)' Council July 6, 1998 Page 26 • 0 - Environmental Foundation. This is coming just in advance of demolition of the site. he said. He confirmed for Mayor Bums that this is the last part of the site that is not under control of the Foundation . Council Member Ganett asked. regarding liability issues. whetber the Foundation has insur.ince to cover per.;onal liability. or if that is still on the City . Mr. Simpson said yes and expressed appreciation to Mr. Garrett for asking. Mayor Bums commented that he had an attorney. who represents one of the pad owners. suggest to him at the Colorado Municipal League that there was open liability for the Foundation and that it was not protected by the Governmental Immunities Act. Mayor Bums said he was glad that we have covered that with an insurance policy. The City Clerk was asked to read Council Bill No . 38 by title: COUNCIL Bill NO. 38. INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING THE TRANSFER OF PROPERTY K NOWN AS CINDERELLA CITY BY THE CITY OF ENGLEWOOD. COLORADO TO THE ENGLEWOOD ENVIRONMENT AL FOUNDATION . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 38. Ayes: Council Members Nabholz. Gam:tt Bradshaw. Waggoner. Clapp. Bums Nays: None Absent: Council Member Habenicht Motion carried. (ii) Business Community Coordinator Scibelli presented a recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance authorizing the lease of a building to be used as a Business Development Field Office. Mr . Scibelli reminded Council that. earlier this evening. the progress to date was reviewed regarding the South Broadway Act.Ion Plan. One of the items thal was included as an action area in the plan. back lasl spring. was the opening of a Business Development Field Office. The opcr.ative theme for our business development program of retention and n:da-clopment these lasl thRc years has been community outreach. he advised. We arc asking that Council consider appro,ing a lease this evening. for an initial period of twch•e months. on a facili~ at 11 West Hampden Avenue. He said this is a highly visible. easily accessible facility for coordination of the implcmcnwion of the South Broadway Action Plan. He eKplaincd it is a very critical juncture m the coordinalion of the capital improvement program associated with the TIP and COOT funding. as well as the specific action items that were identified this evening. for the inuncdiaae summer and fall months, in the implementation of tbe physical improvements on South Broadway south of 28 5. Mr. Sc1belh opined that this is an opponunity to capitalize on the momentwn that has been cst1blishcd. and crc:ite an en,ironmcn1 to meet dircctl~. one on one. "i th mercl1.-u11s and design professionals as we ca~ out man~ of the programs that th~· ta lked about earlier. Council Member Bradshaw asked if this was fonnc:rl y a coffee shop. Mr . Scibclli confirmed tha t it was formerly McGuire 's Coffee Shop. Council Member Clapp said this addressed how half of it would be funded . She asked 1f the other half would come out of Neighborhood and Business De\'elopmcnt's budget . Mr. Sci bc:lli said thal is com:ct . Ms. Clapp asked 1ftlus ends \\hen Ilic: Foley 's bwldmg 1s finished. Mr. Scibelli responded thal the rcqUCSI torughl is to ha,·e the mitial period of twel\'C mon1hs "1th an opponunity for renewa l. The objCCti\'e of the program is the South Broadway Action Plan implcnic:ntauon and the COOT coordinauon "•th mcn;hants, •• ...... ,. - . , •. • • • 0 ' ]- • Englewood City Council July 6, 1998 Pace 27 • 0 - ,,,_ I• he said. but the bigger picture is more to provide an entrepreneurial approach to service delivery and outreach to the business community. As such. a year from now, if this were approved. we could look at that situation and, even if it were to take two years from now to get into the Foley 's building. it would probably be an area that should be reviewed as to the effecti\'eness of that type of an outreach facility . It is tough to say one way or another right now. he allowed. City Manager Scars said basically it is for one year. so we would ha\'e to come back and renew that agreement. Mayor Bums added that Council would have to appro\'e any extensions. Council Member Waggoner asked who would staff the office . Mr. Scibelli said it would be staffed by himself and at least one other intern, most likely two . Mr. Waggoner asked if we arc shon of space here. Mr. Scibclli responded that wc arc critically shon of office and conference space. particularly for the inuncdiale future and the program that wc outlined for South Broadway. As a practical matter, he said that be is in need of an office just in the inuncdiate future. Director Simpson said he would love to address tbat issue. We arc critically shon of space. he said. and this is coming at a very opponune time. Besides the fact that Mr. Scibelli does not have access to an office upstairs, there is no room left in the building and we arc at a point where we need to find some space for him. Council Member Bradshaw asked how much of their business is done outside tlie office. Mr. Scibelli said, as a practical matter, a lot of the business is done outside tl1e office and it would be a good opponunity to have an office facility environment that is on the same turf as tl1e business community and make it a win- win for both ofus. Mayor Bums said he is intrigued by this idea, and that it is a good relationship builder. He said he has been to many of the manufactwcrs' round table meetings and those contacts arc all outside. He commented that they were duly impressed at dic Study Session by the work Mr. Scibelli is doing on the South Broadway Action Plan. He said be thinks this is a good idea. Council Member Gam:tt said be had hinted at the possibility of renewal. but the one thing that is noc in the agRelllCIII is any possibility of renewal . He asked if wc would ha\'e the option of rcncwal upon the appropriation of funds. h's slill at the City's oplion. but wc could lock in the lease rate. He said be is in favor of having govemme111 out thcrc. and ii would be nice to ha\'e die contract reflect that wc could ha,·e the option to renew . if dicy think di/II is what dicy want to do. as opposed to going back and lia,ing the rent raised. City Manager Scars asked if wc could make that adjustmenl Mr. Scibelli responded affirmatively . The initial agreement was for twenty-four modhs at this rate. be said. and it was recommended that •'C go •ith the twelve months. The lease agreement. per the recommendation of thc City Attorney . does reflect that the payment is based upon funds appropriated on a yearly basis by the lessee. Tiiat was d iscussed with the building owner and he IUlderstands Ibis is under the Bruce Amendment. City Attorney Brotzman said the only requirement was to ha\'e language that you have to appropriate the money. You can have multi-year contracts, as long as you ha,·e an a ppropriations provision. Mr. Simpson said we can accomplish d1is. wc will just insure there is an opoon to n:new at die same lease me, wc will do it twelve and twelve . Cily Altomey Brotzman said if Council makes !bat IIIOlion . The City Clerk was asked to read Council Bill No. 39 by title: COUNCIL BILL NO. 39. IJIITROOUCED BY COUNCIL MEMBER NABHOLZ .. - • ' .. • • 0 - • Englewood City Council July 6, 1998 Page 28 . ' • 0 t ~ - A BILI.: FOR AN ORDINANCE AlITHORIZING THE LEASE OF AN OFFICE LOCATED AT 11 WEST HAMPDEN A VENUE TO BE USED BY THE ENGLEWOOD NEIGHBORHOOD AND BUSINESS DEVELOPMENT DEPARTMENT AS A BUSINESS DEVELOPMENT FIELD OFFICE . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. J9. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO AMEND THE AGREEMENT ATTACHED TO THE ORDINANCE TO REFLECTTIIATWE HAVE THE OPTION TO RENEW FOR ANOTHER 12 MONTH PERIOD AT OUR SOLE DISCRETION. Mayor Burns asked if they needed to add that wc need to appropriate the funds. City Attorney Brotzman advised that that is already in there. Ayes : Nays : Absent: Motion carried . Council Members Nabhol z. Garrett. Bradshaw. Waggoner, Clapp . Bums None Council Member Habenicht Voce raulu °" motion to app~-e Couacil BiU No. 39 u amended: Ayes : Council Members Nabholz. Garrett. Bradshaw. Waggoner. Clapp. Bums Nays : None Absent: Council Member Habenicht Motion carried. (b) Approval of Ordinances on Second Reading There were no additional items submincd for approval on second reading. (See Agenda Item 10 -Consent Agenda.) (C) ResolutiOllli and Molions There were no addiuonal resolutions or motions submitted for approval. (See Agenda Item IO -Consent Agenda.) 12 . Gmeral DiltflliN (a) Mayor's Choice (i) Mayor Bums thanked everyone for their hard wort on the Founh of July celebration. He commented that we had a wonderful fireworks display and thanked Crime Prevention Officer Nancy Peterson and all the coordination of the Safety Services Depanmcnt. We had fare trucks and a coordinalcd cff'on with the Littleton Police Dcpanmcnt. 0..-cr the several years that wc have done this. the enforcement and presence of the Safety Services pcrsoruiel 1w really reduced alterations and difficulties to practically nothing. be said. Tiicy have really done a very fine job of letting the public know what the Nies and rqulalions are and being a very strong presence. We had SC\'Cral thousand people theff and they did an cxccllcnljob, be said. (ii) Mayor Burns said he attended tlae East Eastman Small Child Parade cartier in the day. Tiaey broughl out the new TclcSqun . which everyone enjoyed a great deal . He tlankcd Safety Services for their cooperation •ilh lhal . • ,- . ' • • • 0 I • Englewood City Council July 6, 1998 Page 29 • 0 - (iii) Mayor Bums advised that he attended the Colorado Municipal League Conference in Breckenridge. He said he has a n:pon that is about ready on that . • (iv) Mayor Bums commented that he is very impressed \\ith the work that is being done on the South Broadway Action Plan as presented this evening. (v) Mayor Bums said he has enjoyed further exciting dc,·elopments on the Cinderella City project. This is starting to seem more real all the time. he said. allo"fog that we have many hurdles ahead. (b) Council Member's Choice (i) Council Member Nabholz: I . She said she had been approached twice in the last month about the City taking a close look at a place for a farmers ' market. She said she agrees that we need to bring this back into Englewood. 2 . Ms . Nabholz said she would like to thank the Depanment of Parks and Recreation. She advised that she was approached by a couple who were very impressed by the way Belleview Park looked at 8 :00 a.m . Sunday morning. Everything was picked up and bagged, so this was a bang up job. 3 . She thanked Englewood Police and Fire for their hard work on the Fourth of July and the nights prior to that and the night after that. 4 . She said that on Sunday, she noticed a big ladder above the Salvation Anny building and she thought something must be on fire . She said she did not realize it was a safety equipment check. Ms. Nabholz said she was impressed and learned something new, because she did not realize that the equipment was checked every Sunday . 5 . Ms. Nabholz said the llllffic signal boxes, which she was going to tum in for having graffiti on them. have already been painted. She thought it might be something that should be looked at. cspccially in the Dartmouth and Broadway and the Bates and Broadway intersections. Since they are pai.nled white, she suggested putting the Englewood logo on them . (ii) Council Member Bradshaw : I . She extended kudos 10 Neighborhood and Business Development . She recognized that they have had their plate full for a long lime and arc doing an excellent job. 2 . Ms. Bradshaw said she has a question about the silver dots and the orange dots on the sidewalks. She asked if they ran out of orange paint for sidewalks thal need to be in a sidewalk district.. She said she had a call from one of her neighbors who no longer had an orange dot. but now has a silver dot . Engineering Manager Kalun responded that the sil,-er and orange dots have to do with the Concrete Utility . I nilially, folks were out marking concrete, and whar we hn-e cncounten:d with the paving district bid is concrete prices arc up about 40% over a year ago. So. he explained. the silver arc probably locations that will be in a future program and not this )·car's prog,am . Mr. Kahm said notices wall be sent to the property 0•11en when the final concrete lilit is put together explaining 1>1icre we arc. Responding further 10 Council Member Bradshaw. Mr Kahm explained that the Concrc1e Utility foots the whole bill and the City participates for c:onade that was hillorically the Cit) 's ~bality. •• ..... ., • • C ' ]- • • • Englewood City Council July 6, 1998 Page JO • 0 • But, Council Member Bradshaw asked. people could go out and fix their own witl1out being in one . Mr. KahJn said yes . 3. She suggested looking at a four-way stop at Girard and Lafayette. lllat is coming out of the Marks, Julia Temple is there and there are often huge trucks. she advised . If you are trying to go east or west on Girard. you cannot see. she said. and people ny up Lafayette, because they ny off the highway and Oy down to Floyd. 4 . She thanked City Manager Sears for above and beyond tl1e call of duty. as two weekends ago. be did dead squirrel patrol. She said a constituent called. and it was a hot weekend. at 8 :00 on a Sunday morning. Ms . Bradshaw said it was one of Council Member Clapp's constituents and she couldnl reach her. She said she called Mr. Sears at 8 : 10 Sunday morning and asked if he would pick up a dead squirrel . City Manager Scars said he and Bob Moore and his son took care of it. Ms. Bradshaw opined that there should be some provision for citizens with regard to dead animals, especially with the hot weather. She said she called dispatch and they said tl1ey would pick it up Monday . Mr. Sears Slated that we are actually doing a weekend animal control experiment. Starting last weekend. there are animal control people on duty and tl1ey can be reached tlll'ough dispatch . Director of Safety Services Olson confinned tliat tliey arc experimenting witl1 tllis on tl1e weekends. but he is not sure they will keep it up . They will liave to look at the volume of calls to justify having someone out there. 1ben again. he com1ncntcd. tl1ey would only be on duty eight lwurs. so tl1cre would still be a large period of time to be covered . He said he thought Ms . Bradshaw called and spoke witl1 one of the newer trainee dispatchers who did not lia\'e tl1e answer . Ms. Bradshaw said that she told the dispatcher that her answer was not accep1able . Director Olson said they change dispatchers frequemly and tl1ey will not always have the answers. He said there was a miscommunicalion on tliaL and tl1e City actually will send out an on-call animal enforcement officer. lllis was on a citizen 's property. so there is a certain amount of responsibility on the part of the citizens to take care of these tilings on their own. but we will nonnally come out. Ms . Bradshaw asked if we normally do have this service available to our citizens if they need it. Mr. Olson responded affirmatively . 5. Ms . Bradshaw said when they tum in the Council requests. there should be some anonymity. She said she doesn't think we need people out tlicrc saying "well Council Member Bradshaw called about tllis. about you working on cars in your driveway and doing a car ,qiair place in an R-1 A•. she just docsnl think that is appropriaae either. City Manager Scars asked if they should eliminate tl1e name of who they want to be responsive. Ms . Bradshaw said she wtdcrsaands being responsive. but she docs l10I know that it is up to that code enforcement officer or that police officer to say which Council member called about . for inslancc , the junk in their yard . Council Member Waggoner said he agrees and he feels it should appl) to all of our citizens. also. Council Member Nabholz agreed. She said she feels thal is why some of the seniors do not call the City. but call her instead. She said she is aware tl1:1t her name has also been gi\'en out as the person who turned in code violators. Ms . Bradshaw said most of our ordinances are enfortal by complaint onl~. and. unless we run into a situation 111'hcrc C\el)onc is cross trained. where ifa fire pcnon, for instance . saw a problem he would go ahead and rcpon 11 . or a poli ce person. or a parks pcnon. She said she ,,111 stand up for what she sa~ s. that 1s l'IOI tbt problem Cny Manager Scan said 111e 111i ll take a look at thal . Council Member Waggoner said he is more concerned about a citizen being afraid to call in because of being afraid of retribution. Council Member Oapp said it • ...... "' - I • • 0 ' - - Englewood City Council July 6, 1998 Pace JI •, • 0 - increases Council 's work load because people call them instead of Code Enforcement because they don 't want their name tacked to it. Director Olson said the vast majority of the calls they get are no contact, the people do not want to be contacted, so it is relatively rare that we would go over to someone 's house or use the name of the person filing the complaint Most of the people who call are asked if they want 10 be called back and most say no contact, so they are generally anonymous calls. If they say they do want contact they always go 10 the reponing party first and from there make a determination whether to go over or not. He said th~· nonnally do not use names and. if that is happening. he said he would take care of it. And if Council is concerned about having their names used with complaints. that is also something he can take care of. Council Member Bradshaw said that became her job when she got elected. Council Member Waggoner asked what the officer would say when directly asked who filed the complaint. Mr. Olson said at some point they miglu say it was a Council member. We try to tell them. though. not to use a name as far as a complaint goes, but just say a complaint was filed . People are usually aware of who would complain and so it is difficult to protect people. he said. Mr. Olson said he knows there is concern about retribution. he just got a call in that regard tonight. We need to work out round about ways to contact the offending party without indicating who made the call. Unfortunately. tbis is a responsibility you take as a citizen. and the people in the neighborhood are going 10 know who made the call . Mr. Olson said he will talk to his staff again, and. Wllcss there is a specific need. we won 't use the complaining pany 's name. Mr. Olson said it is the same dilemma on the other end. when we get calls into Code Enforcement and people refuse to leave their name . 1bcn we have no way of getting back to them to tell tl1em what progress we are making. He repeated that they will try to avoid using names. Council's and the citizens·. (iii) Council Member Clapp: I . She thanked Neighborhood Business and Development, recognizing that it has been a long three ycan since we started the Broadway Corridor project. She said she knows that her constituents in DiSlrict 3 arc going to be vel)' pleased when they sec the progress that we. as a City and Council. have made on that 2 . Ms. Clapp informed Council that her neighbor's car was completely burned out over the Fourth of July b y illegal fireworks. She thanked the Fire Dcpartmcnt for their quick response. Fire-,orb were rally rampant throughout Englewood this year and she said she can't imagine what it was like for our police officen and our firefighters . 3. She thanked Council Member Bradshaw for taking care of the dead squirrel. (iv) Council Member Waggoner: I . He said he received a compliment the other day for the 5lrCCI department from someone who is nonnally pretty critical of the City . He said the street department people were doing some street work and were very courteous. they knew exactly what they were doing. and he thoug ht tl1e~ should provide some classes for Denver. 2. He commented on Mr. Emison·s problems. He said that area O\'er there was platted long ago with large. ,·cry long lots from strccl to Slrcel. Y cars and ycan ago. the C ity Council actually took a position on it , because Dorothy Romans presented it to Council. that we wen: IIOI going to buy any right.of-way. he recalled . Exactly , Council Member Bradshaw said. Council Member Waggoner DOied there wen: about lhrec or four of those blocb over there that w'C w-ere IIOI JOUII IO buy any right..of-wa)' for those stnlClS. They wen: wanting to sell olf the back pans of the lots for dadopmcnl and if the) wa naed to develop it and make money on it. they WCf'C going to ha\'C to clcdicalc the ript 4-w-ay . llic reason that the oacs 11111 ..... . ' •. ... • • • 0 , - • • • Englc"·ood City Council July 6, 1998 Page 32 • 0 I • - arc here now, were dedicated. is because those people actually gave the City the back parts of those lots to provide a street. They got so far and they couldn't get any more . and the citizens that owned the property were going to try to put peer pressure on the rest of them to dedicate the street for public use . and that is why it ended up the way it is right now . TI1e City did not cause this, the people wanted it and they were going to follow through with it, he asserted . It was not the City· s problem or fault. Mayor Bums said that you can structure real estate contracts so that you have due diligence clauses. where you have all kinds of outs if you find something 11131 is not aca:ptablc to you . He said he does not know what this gentleman had. but he did not seem to be too terribly well informed when he purchased it as to what his challenges were. City Attorney Brotzman said he bought this 31 a tax sale . Council Member Nabholz said he has been to every department. Council Member Bradshaw said she does not know thal we arc in the business of helping people develop their land. She recalled that we had problems with tl1e Littlejohn property down there olT of Oxford. Wltil people donated the right-<>f-wa y to put a street back there . • City Manager Sears said we arc close. He advised that Community Coordinator Stitt has been working on it, along with City Attorney Brotzman. We have spent a lot of time working on tllis. he said. recalling that the first day he worked for the City he got four messages from this gentleman. We have always treated him courteously, and we arc very close to responding to tl1is from a legal standpoint . Mr. Sears allowed that he may not like the response. because there is no code. that he is aware of. that requires tllis to happen. We arc going to tell him that he has an obligation to follow through. but he may not be satisfied with 11131 . Council Member Waggoner said the City had do1.ens of mcctings with tl1ose property owners in 11131 area. 13 . City Manag1:r'1 ~port (a) City Manager Sears said he also appreciated the opponunity to go to Colorado Municipal League. He said he went to a nwnbcr of good sessions . (b) City Manager Sears advised 11131 we ha,·e ru:ei,'Cd about 70 applications for Human Resowces Director and should rcc:civc in tllC neighborhood of 200 . He has asked Ilic staff to work with him. he said. recognizing 11131 it is a very imponant position for Ilic City. He said he wi ll keep Council posted on 11131. (c ) City Manager Sears said tl1anks to the City saafr. They ba"e rcall ) been working extremely hard puning together this project at Cinderella City. AU of the different act 1,·1ucs tllCV have going on ... Police and Fire did a great job this last weekend and the code issues l1ere are difficuti . He said he is not sure we have an answer to those issues . but he appreciates the pa&iencc 11131 Ille) 11.1, c. NBD in panicular and Chuck Es&crl y and Rick Kahm in tcnns of Cinderella City. all their work. and yet tltey seem to continue to push a bunch of other issues that arc important for tllC future of tl1e Ci t) . (d) Ci ty Ma nager Scars sugges&cd . regarding his evaluation by Counci l. potentially looking at the 27"'. perhaps after Ilic identity meeting . He said lie does not know wl1at Council has done in the past or what the best process is . Ma)or Bums said it varies . So1ne ofllicm arc based upon goals and objc-ctives previousl y set . bu1 we alwa ys seem to be bouncing around uying 10 find Ilic best wa} to do it. Mr . Scars said lie look s forward 10 a dialog. for tl1e most p.111 . will, so,nc ideas Council ma) l1a,·c (c) City Ma113gcr Scars 531d llis cbughtc r as going 10 the UNversit) of Oregon and he is looking forward to taking her tomom>W night . aJ\cr whi ch he will be spending about a "eek there with bis famil)·. Parlts and Recreation Director Black "i ll be here during thal limc. he added •. I • • 0 ' - Eapwood City Council Jaly6, 1991 Pqe33 · ... ,,, • • • ,. 14. City Attorney's Rq,ort (a) City Attorney Brotzman said. regarding the reviews. one of the issues thal Council Member Waggoner had was a comparative analysis of benefits from city to city . He advised that is what we are trying to have Adminislrlltive Services put together for both of our positions. so Council can try to compare apples to apples. He said. from what he has heard so far, thal is much easier for city managers than city anomcys. simply because city attorneys have a wide variety. such as outside practices and firms. so it is tougher in thal arena * * * *. Mayor Bums advised that Jess Gerardi reminded him that bis band will be playing next week on the 16., at the EDDA concert. and Dr. Gerardi bas asked Mayor Burns to conduct one of the marches . He jokingly said dial may be a reason to attend. or to not a1tcnd . I' .• . ~ j • 0 - • • • • 0 - PROCLAMATION WHEREAS , the National Association of Town Watch (NATW) is sponsoring a unique nation-wide crime, drug and violence prevention program called National Night Out on August 4 , 1998 ; and WHEREAS . the 15th Annual National Night Out provides an opportunity for the City of Englewood . Colorado to join forces with thousands of other communities across the country in promoting coo perative police -community crime and drug prevention efforts ; and WHEREAS, the res idential and business communities play vital roles in assisting the Englewood Safety Services Department in its joint crime and drug prevention efforts by s upporting National Night Out locally ; and WHEREAS , it is essential that all citizens of Englewood be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime and drug abuse in the Englewood area ; and WHEREAS . this crime prevention program is designed to heighten crime and drug prevention awareness. generate support for anti-crime programs, and to strengthen police- co mmunity relations ; and WHEREAS , the police-community partnerships, neighborhood safety, awareness and cooperation are important themes of the "Give Neighborhood Crime and Drugs A Going Aw ay Party" progra m ; NOW THEREFORE, I, Thomas Burns , Mayor of the City of Englewood , Colorado, hereby proclaim Tuesday, August 4, 1998 as : NATIONAL NIGHT OUT in the City of Englewood , Co lor ado a nd urge all Englewood citizens to s upport the "15th Annual National Night Out" program by ge tting to know your neighbors and sending a message to criminals that the neighborhoods m the City of Englewood a re organized and fighting back agai nst cri me . GI VE under my h a nd a nd seal this 20th day of July , 199 8 . "' - (&~ Printed o n Recyc led P-. .a • • C f - • • • • 0 - PROCLAMATION WHEREAS , the National Association of Town Watch (NA TW) is sponsoring a unique nation-wide crime, drug and violence prevention program called National Night Out on August 4, 1998; and WHEREAS , the 15th Annual National Night Out provides an opportunity for the City of En.glewood , Colorado to join forces with thousands of other communities across the country in promoting cooperative police-community crime and drug prevention efforts; and WHEREAS , the residential and business communities play vital roles in assisting the Engle wood Safety Services Department in its joint crime a nd drug prevention efforts by s upporting National Night Out locally : a nd WHEREAS, it is essential that all ci tizens of Englewood be aware of the importance of crime prevention programs and the impact that theu participation can have on reducing crime and drug abuse in the Englewood area; and WHEREAS , this crime prevention program is designed to heighten crime and drug prevention awareness, generate s upport for anti-crime programs, and to strengthen police- comm unity relations ; and WHEREAS , the police-community partnerships. neighborhood safety , awareness and cooperation are important themes of the "Give Neighborhood Crune and Drugs A Going Away P a rty" program ; ,. , NOW THEREFORE. I. Thomas Burns, Mayor of the City of Englewood, Colorado , hereby proclaim Tuesday. August 4, 1998 as : NATIONAL NIGHT OUT m the City of Englewood . Co lorado a nd urge all Englewood ci tizens to support the "15th . .\nnual '.'/auonal :-.light Out" program by getting to know your neighbors and sending a message to criminals that the neighbo rhoods in the City of Englewood are organized and fighting back agam st cri m e . G IVEN under my h a nd a nd seal this 20th day of July , 1998 . Thomas J . Burns, Mayor 8 a Pnntea on Recycled P-.~ ' • t I ·:· .. _~;-. -1 r, • (' ' ]- - • • • • • <. COUNCIL COMMUNICATION Date Agenda Item Subject Grant of Water Line Easement July 20, 1998 10 a i at Bates and Emerson Initiated By Utilities Department I Staff Source Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION The Englewood Water and Sewer Board, at their July 14, 1998 meeting recommended Council approval of the Grant of Water Line Easement from Stephen and Lori Miller at 2882 S. Emerson St. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Mr. And Mrs. Miller have submitted a Grant of Water Line Easement for the purpose of installing a water main to allow water service to the property owned by Michael Thynne at Lot 1 , Brickard Subdivision just north of E. Bates on S . Emerson St. (see attached map) The proposed easement would allow a sub-surface water line within a permanent easement granted to the City as Resolution No. 31, Series 1985 for a public cul-de-sac. Mr. Thynne's water main contractors will be installing the 6" water main in Emerson Street up to the City Ditch easement and continue construction on the south side up to Lot 1 . The water main portion that crosses the City Ditch will not be completed until a City Ditch License Agreement is obtained (to be submitted at a later date), and the City Ditch is off-line in the fall . FINANCIAL IMPACT The adjacent owners are paying all water main expenses. Mr. Thynne has submitted a check to the Utilities Department in the amount of $4,100. (contractor's estimate) to complete the water main section crossing the City Ditch , in the event that the contractor defaults . LIST OF ATIACHMENTS Proposed Bill for an Ordinance Grant of Water Line Easement dated June 15 , 1998 Area map I • ,i • • 0 ORDINANCE NO._ SERIES OF 1998 • • • (' BY AUTHORITY A BILL FOR COUNCIL BILL NO . 40 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AUTHORIZING A GRANT OF WATER LINE EASEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND STEPHEN AND LORI MILLER FOR THE PURPOSE OF INSTALLING A WATER MAIN JUST NORTH OF EAST BATES ON SOUTH EMERSON STREET. WHEREAS , Stephen and Lori Miller submitted a Grant of Water line Easement agreement for the purpose of installing a water main to allow water service to the property owned by Michael Thynne located just north of East Bates on South Emerson Street; and WHEREAS , the proposed easement would allow a sub-surface water line within a permanent easement granted to the City by the passage of Resolution No . 31 , Series of 1985 for a public cul-de-sac; and WHEREAS , Mr. Thynne's water main contractors will be installing the 6" water main in Emerson Street up to the City Ditch easement and continue construction on the south side up to Lot l ; and WHEREAS , the water main portion which crosses the City Ditch will not be completed until a City Ditch License Agreement is obtained at a later date ; and WHEREAS, the adjacent owners are paying all water main expenses and Mr. Thynne has submitted a check to the Englewood Utilities Department to be held by the Englewood Utility Department in the event of contractor defaulta; and WHEREAS , the Englewood Water and Sewer Board recommended approval of the Grant of Water Line Easement for this property at the July 14 , 1998 meeting; NOW , THEREFORE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : $ectjop l. The Grant Of Water Line Easement between Stephen and Lori Miller a nd the City of Englewood , Colorado , attached hereto as Exlubit A, 1e hereby accepted and approved by the Englewood City Council. Sectjop 2. The Mayor is authorized to execute and the City Clerk to atte1t and seal the Grant of Water Line Easement agreement for and on behalf of the City of Englewood , Colorado . Introduced , read in full , and pasaed on firat reading on the 20th day of July, 1998. • . .. • • 0 I • ,. • • <. Published as a Bill for an Ordinance on the 24th day of July 1998 . Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and paued on first reading on the 20th day of July, 1998. Loucrishia A. Ellis -2- . ' .. •· • 0 , -:t,,~ I - • • • • 0 • T:-i:s GRA."'r. cf a wac e= l i.::e esse!:tenc ( t~s "Cran,:") is 8 ma.de t::!li.s t s;t->:: day ct· June l.i 9 ~v Stechen M.· Miller .and Lor ; L. Miller 1~Gran~cr~ whose aao.r9ss ~3 288? s, Emerson Street, Eng~ewood, CO 80110 ir. !a-.rc: c! che ci-:-t OP ~GL~D, COLC~O. (·GrailCe~·) whcse acci..~ss is 3~00 Seut:~ ila~i St:-aet, ~siawccd . CO 90:.10; 1 . Ease~:,.e, P::cpe::-:y . T!le "::asement: P:-o?!=~Y" •~ mean t:he =ea.: p:o;:e::-=:,, lcc:~,:e~ :1:l ::~e Ccuncy et: A:apahce, Sta.c:e c: Cclc:-adc. mori ~a.r:!.c:.;.la:::-l ·.· de9c:=l.l:e-= c::r. ~::d1.!.!:::..~ A, c:cnei~ci~g of ~~4~ pases. -~~ac~e,!°~e=e~o a:c. i..~c:r_:or3te~ h~~~~~ ~: =~fe:2.::2. 2 . C:c~ide=~ti~~-As e:nsi~e...~eion f:r -~-s G:ar.~. Gra~c--e h.as paid Grar.c~r the.-..:.~ of One dolia: t si.oo : .t:t! oche: ~oc= ar.d ~-a:uaC!• c-;:z~de=a:i~~, ~~e ~c~~~~ cf wh.:..:..~ is he:eDy ac:=-ew l ed;ed ~y G:a.::it==· J . Grar.t: of Wac9~ Li:e Ease~~r:: . Grancor he:'9l:'.'f cranes cc G~eeee, its •uece~so::s a::d assigns. a~·-~-~~...:. ncnL~c:usi7~ ease:nenc (~ "Va:e= Line Ease:ne:~") ave~. ur..c!•=· ae:-oas &."1C t..'lrcu;h. c~e £a!!emer.t P:-::p•:-:y fc: t:.e pu:r:,oae of c::::r.s~:-.1c:-=l..r-S-, epe:a"t.:.::.g, ma:.:1c:~r~, :a;:a:...:::.g, rs~lac:.nfi. r~~::.g anc! enla:~:::.!lg er.~ ·Lines and A°;:i:".J.:'!e::.ances . " as he:eina~.-:.~ de!:.ned. '!:• ·Li:es a::c Ai:F'..l:"=~nAc::es·" ahall mear.. c::.• er 111Cre wa:s= pi;:el:.n•• L-:.c! ali ne~~sa.~f ...:::.der;~~UX!C. a::.c. S'Ur!~c• a~~U::.e."'\a:.~es ~h.eret~ nacassa:v er desi:ai=le fc: the t:&nsmi.ssian of wate:, i.-u:lucins, cc: r.ct l:.ffliced ~=. ~-. c::l.Ciu.its. vattl.:a, vwr.t~l-~:=s , elec~:~c o= ocher c~r.:::l rfst:~. cal::les . wi=-s anc c:r..::ec:icns. 4,. Ac::es.s. Q:-ar.:ee ltL..l have t~e pe=;,f!~-..i.al . nc:1.e~c:us:.·,e r:.ghc cf i~esa a::c: e~ecs i:1 . tc. ever, thr:~h a.nc. ac::-=ss tha Easement:: P~e:-::-.1 !c: ai::.y ~c!!a neees~a=-: e~ d~si:aJ:le fc: e:e ~~:1 enjoy.ne~t o: ==• r::.~r.ts ~a.."1tl!d to G.r~cee-under t:~.i. G:a:1t . ,,_ ! . Re!!c:craticn. G.rancee a<:rffs c.!lao;: a.t:e: the c~n3~:"~~~=r.. ma ~n~er.anc•. r•pa.::.:: r9Pl~c•mmi~. c= enla:;-e~c:: .. ~ u.y !or c.!le. LJ.nes ar.~ A;;:u:":enanc:es. G:a::.:ee sr.al! re~t~r• ~~e surface cf the Eaaemen~ ~:~~er:y ae ne~ly as rea~cn~:• pcssi~le co c=• ,=.de ar.d cendi.~io~ iC was ..... I! ~ I • I T A .. • • • 0 ' 2 I - - • • • ,. ~ • 0 : . • i1m1ediaee~y pr4cr co said c:nst=-~=tlor., main:enar.cs. rep&ir. r~s;l:acem-=:l':. or enla.:;;l!fflent, e..""t::ept as me:, l::e nec:11ssa:-.1 ~a acc::ommodate the ~ines and Ap]ru.:t~~a:c:s. G~nce~ •s-re~s ·to ~st=~ and ~pai: •r.y im;::oveme::.~• of Gr:nt=~ on the Sasernent Pr=per.:y wb.1:h· are damaged, moci!~e= ar alte..~d ~y Grar.tee c=.irinc said c:r.3C:".J.Ction. mainte::ance, reoai.r, r~placemene or enl&r~emene. Grant~ ~.ir::."le: agrees to r•placa any top~oil removed f::-om -az1.y c-.i.l~i?&:ed or agric:ul~ura! areas en tl:le E.se.,r,e.~c P:oper:y and cc ramcve ar..y •~cass eartl:. resul.ting .from said cer.st:uc~ic:, m.~neen.nce, repai:, :eplaelltfflen~ o.r enl.-_--gamenc, a~ Grantee's scle cos~ a.nd expe=.~e. 6. No I?:"rF=-:,vemenea. <ir:im-::or ccvenant:l! a.nd agTees n=t t.c ::or..str.J.c:':, cre:e, pla~ or pla.:i ~y "!rr;:r:::vement..9, • as hereinaf:•r de£ined, on eh• Ea•ement Property· w:.choue obtaicing t~e pr~cr Wl:'iC~IIJI c:ousen~ e! Gr~n~~- .. I~r=-..mQnr:.s" .shall mean any •t--.:e:-:.::e, ~ldi::g, plant::i:19, 'C:-eu or sb.r.!!:l::ery ct.~•r char. a law::.. G::~t:ee shall ha~,e ~,e right to r~ve. wi~heut any lia.eil~:7 t~ gra::~or, a::y im;:rovamen~s col:l:!C~=~~d. ere~:e~. p:a.oec or planted. ca Che Easemen~ P~r;::ercy wi-::hout Gra:t:•~·s !:lav:.::g oc:ai::led che prior wriet~r. consen: cf Granc:ir. 7. su.bja.ce::~ and Latera.l Sup9cre. Gra:::cr c,::venan~s a..~d •~rees that Grantee ~na:l have ~he :i:~~ c! aul:jacen~ ~d lateral auppc=-:: on e.."le Ea.seme~: f:'Ci=e::"j' t:o whac~ve: e.xt:9nt is nec:essa.:-; c: desiriible for ehe f·~l, co~:..~e ar.d u::.ci•t~rbed e:ij oyme:i-c cf the rigJ::.:s E:ra:::~ec. t:i C~t~ uz:.der this Gra.nt. 8 . Ri;ht..s of G~4:t::or. Grant:or rese:7es t:ha f'U.!l ri:ht tc c..'u! •·-cistur.!::ed c-.m.e~~-~e. a:ici :cC'..1.pancy c~ t~e Ea.semei:t Prea:=~Y i."lllc!ar as said cwne:-si:.ip. uae, a=d oc~ar.cy i.= c=:-.ai.ste~-: w:.c.h a:ic cio•= cc-: i:n;:a:.:-the rigl::s g:an~ed t~ Grantee i~ chis G~anc. 9. Abar.dc:.me.-,.-:.. I:. the eve!lt t.::.-:. Grantee shall. a=ar.d.c:: 1:::.e r:.:rh~ s granted -:c i-: u.~::!er c~::.s Gre::, all. ri9l:~, ::.cle anc:. ::.nc.e:esc b.e:e\mde:-c:. G~~tee shall eea.ae and teriuinace, and G~sr.cor shall hole E•serae~: Pr::per;y, as the same :nay then be, free £::-om t:!18 r~~hts c! Grant•• so &i:a.~cione~ and shall owr. a!l mate::'ia!d a:d a'Cr~c::w:e• of Grantees= ~and.oned., provide~ th&: ~:a::.t•• sball ha'n! a reasonable period e! time at-:er a&id. &l=ae,gc:ine::.: in w~c:h. t.::, r-..move any or all Lines and Appur:~cgs !:-em c~e. Easeman: .P:optt~y. :n. 1:~• ;e•re:-:.~ th.llt Easen:er.t i= ~:i:::andcr.9d by- Gran=••. Granter shall~ ha.v~ ~e right., ac ~:s scle opc~on. ~o requ~:e Grant.9e co r:move o: r:euerali:e er.y improvlffl:enes conat:uc~ed in the Easement ~y Gran~e•. 10. N~r:'i.:lC!' OJ! T.!.t:.le. Granto: 14~:l.C.S ar.c rep-resents t:-.ac. G-:ani:or is t:ie-fee si'll"lr~• c·.1r.er c! t~• Eaaemer.c rr~r~y ar.d cbac Cr-ncor baa !ul: r~gh~. c!cle and -2 - . • ----- • . •· • 0 f 2 ]- - • • • • ,~ • .-uthcrit:y. chac cli=.s (;rant i.s e.ffec:ti vw tc granc aiid convey cc G-rantee che Wacer Lins Easemant, a.."ld chac i:.'1.:!.s Granc o~ an •a..utec,: is aupericr to ul cellar ~rancs . <.rancor !-.irth~r c:c"Nm.aZlCS &ad agr:es ~c ~y, d.e~snd and held Grantee ba..~ess f:::'CIII. m:d aga~~ any acve:-s• elai:i t= the t:itle of che Ea.-«mt 1':op•~Y J:y &ll iu:d f!('l'e:'f pe--soc. az: persons law.fal.ly cl.aiming c:-tc claim Che wbcl• er any p~ cheraa:f. ll.. Bi:icli.eg' Eff•~ . ':'hiir G:ranc sl:all axcend cc a:d tie bi.::ctint; ~c:= the heirs, per~al. riap:esencatives. s'Qc:~aaaor:a azid. us~gn.w ot ~lM ~ecti.~re p~i•• beracc. l'ha ce.r,ns, c:evenanc~. a~effl9nts a::d c:=c:li:ion.s in Chis c.r.uic •nall l:e ~.J.ed as =~ta r.:m:.:i:-., vi~ i!!se 1'1lld. I:,!'. nnmss REEREOF, ~l:e par.:1N harece has e:cec-.1tad c i..; s ~:2r.1: of Water L.t.:ia Ea.s~e t.!1• day a::d y.a: .f.int ~ vr::..ccen. ( ~ St enM~r ~~'4t~~c i _r --CCUffl' OF Ack:1cwled9ed befo:a -c.'tis a't cf June 19-1!._ --.b-Y--S~t-e-p-:hen M. Miller a=d Lori L. Miller a.s Granton ···············-········ EMILIE LEMAN Adcress '----------- NOTARY ,uauc STATE Of COLORADO -3 - • • • • I I I I ;- • t--1' ,.., r, • . .. •· • 0 , • . ' -,. • • (. ] c=:zn:!111 Gr.n1:ae: S't'ATE OP c:ot.OUDO ) } ... COUN':'Y OP ARAPABCE ) .Aclc:owledgc. befor: 111a t:h::..s -------day 0£ June ; 19.J~S.._ __ ...,._ bi-------~~------ as _ _,..,......,.....,..,, ________________ anct --------~-------------... _....;;;G.;;;r.;;;an;:,;,.;;t;;;:e;;;:e...,. _________ _ ifoc:a:z· fullc • • 0 -4 - r ~? I • • 0 I • • EXHIBIT A EASE~E NT PROPER TY Par~!!l l: s,e.;.:.nnin; at t.,e s.; C:::,r~: of .Plot 3, Elxk . 3, ~ai~s Forest Hi.11 Ac:i:ition t:i Ci~y of ~leweoc, A:apahoe County, Colorado; t..-ien:=e Ncrt.'-.e:ly and along--:.'ie We~-line:: 6£ said·. · Plot 3 a cistan:e oi • i5 · fMt;· ~,er,:e E.as":e:l.y · a~:·:alon; t.._,e . Sout':'l line of a .fa:::el des.:::i'bied '.in ... 5:=ok ·u.e:?;.at:·p.s;e · 330,)..::1~hoe:. O:,un,;i' ·Re:.~:=s., a cis-:ar,ice ~= ·'·~=~4 fee._~:. t:.~ce · Sout:1e?:ly an: t2:allel t= ~e· ~st l~?.e ~r .. ~1!3 . Pl;_=.,~: 3 a . _ cis:.!ne-1! of 2s;s7 f~t = a p::in,; .... f·e"J.:":at'.lre: t.ojence 16 • .:3 !~t alcn,; t.'"'I'!' a::: o:· ii c:-.::--1e to t.1ie · .le::":.-hav .i~; a( ::acius cf 15 f~.~ an:!. a · C!!!'lt:U ar.~l!'! of 6202.J-'·32" to a ;=.int -of reve:se C".J:'re: t..'ienee .41~.9,_ !ee-: a:c~.· t."ie a:~ ·of .. a ;::-.::·..re to >t.'le. ·right havin:; a :cadius of. 26 ~ft": ·an:: a ~=a4ar.;!e,.c: .. S2~~3'l4" t:I . a nc:r.-:::snoent p:: int on t.'ie .South line'f cf ·sai-: · Ple-;· ; ; t:ie.'l:e: Wester! v • 2s ·. 96 f~t a~ along· ':."le '· So~:h . l.ne: o:·isaic" Plot 3 to t.~t! Poii'.it· of !e:::inr:in::, ·c::·r~~~:.;:,inc: ·1,2is·.,.;.;;,1:e ··:eet,·mcn or ... -.. ~-less. ~::el 2: ~:!t pa:~ o: t.'ie Soi 1/( of t:ie M°'¥ l/4 of '=-'"'le NI-/ l/4 of ~...i~n 35, Tc~sh.i? 4 Sot.:t:., ~nge 68 West of t."le 6t."\ l?.M., des:::i':)ed as !~llOw'S :· · c:rrmencir.;. at a p:::'i:,t 16! feet West c! t.-ie 5:: cotne: cf t.1ie sw· l/4 o~ tM l/4 of tM l/4 of · said ~on 3:~ t.-,._nee West along t.~. Sc~t:1 line · cf t."'le tM l/4 of ~ l/~ of &aid Se-::tion ~= a ~ista~ cf 143 fl!'!!~; thenee tc:the?:ly .and parallel. with -=-~ East. line cf the · Sil l/4 cf. Roi 1/4 of ~ 1/ .. c: aaic:! Slr-~icn 35 a dis<:anc:e a! 3~. 9l. feoet · to ~"le s,: c:::r:1e: of Plot 3, !l~k 3, P'tCl.a::.:s Fore!I': Hill 1'dc!ition ·~= -:.'ie City of Eh;lewoc:::; then::e taate:::.y and 111:n; t.'ie South line o! said Pl=-;. J a dis-:ar·-~ e:· 1.2.00 feet to ':.'ie T:ue Point of &e,;innin;, saic: T:ue Point af :~inning !yi:,; on t:."'le ntsterly :igh1= of IA'f of 2800 Sout:, !ml!!:aon St:Ne. d•a:::ibed in Bo=~ 848 at peg~ S9, Arapehoe C:unty f¥.r-~rda: then=e &?lt!!dy and along said South line o! Fl.::t 3 a d1au~ of .l3. 96 tee': t= a po i :it of nentar.gent e-.Jrva:~e; thenee l.B, Sl f~t Alone t.'i• ar:: o! a ~ve t::> t."le :ight ha•Jinc; a radius of 25 f~t and a c~nt:al an;le o! 40c46'5~· to ·a ncntancent poine en the !aat•rl~ right ef way of 2900 Scut~ E~eraan deacrio~d in Book 848 a~ paq• S9, Arapahoe County Records, thene~ Nc:th•rly and . along aai~ !aat~rly ri9h~ ~f way a di1~ancw af 11.!5 feet to the T:~• Poi~t ol Beginning, eonta!ni~~ 100 ~quare · f~et, m~r~ or leas. · . . · . NOTE: The fo r ego ing r ea l p ~o perty is t h e same pr~p erty as t h a t wh i ch i s subject t o t he Re so lution 3 ~ Seri e s o f 198 5 and t h e Grant o f Permanent Easeme n t which a r e a t tached hereto a s Exh i b i t s A-1 and A-2 , respect ivel y . -· . -• •· • 0 -• • • Rft"lrd!";I •• £ . .J ; o'lloPlf dMlG ., 7 1985 ~p~,,1c2Si707G1 ~lAr..:r :::~: n1 ::::. nrr""'~' RESCt.tn'ION '00.J..l. SEJUES OE l98S "' - EXHIBIT A-1 1. RESOLt .. l'.'!ON M:El'TINC <.tAm' or !'Am-tar.· rRa1 JlCIWIC T, BIC:l<HMD, JR. AM> P'AR.."'CIU! J, &U:lOtMC !'OR ~ MPCSE:S IR CDIST1UQ'tCN C!' A CUL DE ~ Clf !!!DSCIN S"nlm Mi PART 'Y MVINC DISTRICT ta:l. 30. ~. <:he 2800 l:lloc:lc of S, 8"encn St:•~ i• incll.ll!ld in Psving Cin.:ict: ti:), 301 an:! h~, the ui1tinq •trNt dNI! tn::!I at t.._ Ci'!y Ditch ln front of 4812 s. !fflluon SUNt, CMMd ~ ttw lielchard•, wic 1:aqu,11ta:! '!ha'! t.'w Qty eonat..'"lX:i: a eo.il d9 uc at. the dMI! 91'1\! ta f.eiliUt• tuminlJ of l•~• vehic:lN auch H tire t:'JC:!ca an! t:llh ~it:kup t:-Jelul , am . IIHDE.\S, City 1'111• eqrNi:t : en t.'w =ndit:.icn it. z:eeeiv• a pam~ ••..,t· trcm t:ti. ~rty «NMn en "*'kh pu:-: cf '!.._. cul de AC: would ta =ne,::uc':81!: an:! ~. the propar.y ownRa ha"• -,ned. = grant an NNIIIClt' to the C:1 ty -~•z:aby tney rwtdn OIIMl:lhip of ttta propei:ty ncnury to -t-f::t::• ~cn/lot-e:wer11;• requirtlllfttsJ tDI, fflD!2'0RE, • IT RESCLW:: !Y flt£ cm axna:rr, or-M ClT't a, m:::.D«>CC, CXIDMCO! SC':icn· 1. 'lt\at the Grant of ra ... .,t by· Rieha=. T, · aic!mai:d, J,:, ind Harjc:i• J; liclchard t= ~ C1ty of e,,;l.-.ood for tt..-.t pu:;,o ... in c:cna~:ueo:ing_ I eo.ll d• ac-at t2'la d• and of s. _llllft80n St.:Nt in tt,e 2900 block is hneby aec:eptad , A c=py of •id Grant of ,a.....,t i• attaet.5 ha:eto and incorpora:ed hK•in by refeC9'1'1Ctt, ACCPrt:J MC "PPRCVC) t.~i• llt:h day of u;uat., · 1,as·. •, ,i •· • 0 ' - I '"'l' I • • 0 I• • EXHIBIT A-;2 ~t~r:-45cT.: .; 454 l(No,.J Al.t. ~t:'< s·, Tii~E PRr.SC:~r.s, that RICHA~ T, BlCIC-'),iO, JR. and MM.:OR!! J. BlC!<iiARD o! 2882. s. Bne::son St::-Mt, ~l..,.occ:, Colorado 80.lO, for an:! in ~nside:ation cf Ti2n Dollars arc othe: 9oa:! and v~lu~bl~ c:cnsideration, in harrl paid, do hereby ~:ar.t anc c::nvey to t.,e CIT'!' or !NG:.El'JCOD, COLC;w:c, a m1.:.-,icipal C:::'?C~tion duly organi:e-.: and existing uncer arrl by virtue of the Q:na~itu~ion . o! the St!!te of C:::lorado, a per.nanC?nt. eascz:,ent for It::~': p.:r;,cses u;,cm, ac:~sa, in, through aro und'it t.lie followi:ig ces.::ib«: parc:el.s of real prcpe:<;y s:.tuate in t.'ie City of Ehgl9We:c, Ccune"t o! 1':apahoe, State o: C::lloraco , to wi ':: Par:c:el. 1: Se;innin; at t.~e Sol Cor~r of ··Plot 3, Sloclc 3, 1'1c"""-=.ai::s !",res~ Hill Addition to C:it;/·o! ·~lewec::c, Arapahoe O:u:ity, Colorado; t.,ence Ncrt.'ierly'·arc ·along.~.t.'ie We~-line'. cf said Plot ~ a c:.stanc:e· of 75 , feet;· .. <::ie!"lc:e · Easte:lv an,l .'alonc: t.,e . South l.ine of 11 .par:el desc:/bied '.in.:&:'o_k ue~;:at:.pa;e ·. 330,Aupar.ce County Reeords.;Za:;.distanc:,e:o! .7 •. 4-4 :.feee: t:"'lence Sout:ie:ly and pcalle(;tc ~'·t:.1i'e1:"west··;l'irie _;'c:·. Ai_d !Plcit 3 a distan~ of 25;57,,fli:et ~=~a"i,:-pcfot ef'·on"",ature:::tSeri::e 15.~3 fe1tt al~~ t.'"1~. ar:: o(•::"~J~i~·.:.t=;~'"ie .le£t·:~a.v.inc; a:"rac:ius o! 1S fl'!@ .t. al"C -·a · c:e!1Ual1• angle:f of~&202J.'·J2~:.:to .. ;a~.:p:.int · cf :-averse ~-,.: t..,enea .,U •. 9:. ~ar.~al~,:;t."le·::ar::.;of . a·:curve fto --~":e. right havfn; a :caciua of. 26':'feet-.:·m::fa7cent=alli 'an;'re':'c·f';·,S2-:.2~ '14" c . a ncnungent p::int· on · the"·ScQ~~i-:-iine·:=of1aaic ·:Pfo,;·:~3; t:iem:e: WHtarly 25·,95 feet aft! ·aloni;;!.,t.•ie ·::soutn1lliie?·o:;:·u1c:· 1!.0t: 3 t:> t..'"i• Point of"!e;inr:.ing,· ·eonta:,'nin;·:·1;2is·eqi.ia:ii ··feet, men or less . }. )\: :.;:: ·.. ... . ,·. · . ... · Parcel 2: 'n1at pa:t. of t.'ie Soi l/4 of t.~e N'.: 1/4 of the tM l/4 c! See-.ion JS, Tcwnship 4 South, F.ange 68 Wes~ of t.o,e &t.-. P.H., des.::i~ as !:ill!N!i :- . . . ~:in; at a point. lU feet West cf t.1ie SE cor~e: c: t.'ie sw· l/4 of tltl 1/4 of til l/4 of aaid Se:tion 3!;. t."lenee West alone t.~ SctJt.'1 line -cf t."ie Jtlo; l/4 cf Kil 1/4 of &aic: Se-:~ion JS' a· cH•tanc:1! of 143 fNt: tMnce Ncrt.'ierly ard pai::c.:e!.. wi '::h t.~ East. line of the SJ 1/4 cf tltl l/4 of Niol l/, c~ aa;.c Sec:-:.icn 35 a di•unce o! 3l9.9l !eet· to t."le Stl airne::: cf Plot 3, Bloc:lc J, P'!cO.ai:s l'oz:eat H!ll ~ition t= the C!~, cf !h;lMIOO:i; thenc:9 taatetly and •l=ng t."11 South line o! aaid Plot J a diata~ cf ·l2.00 f .. t to the 'l':UI Fl:lint cf Beginning, eaic! true Pr.lint of :Beginning lying on t."le E!lsterly dght of way of 2800 lio\lth Dmnan ScNt. dae:riba! in Ioele 8~8 at paqe 59, Arapahoe County ~orda: thence F.alte~lz' and along .. id South line of Plot la d11ta~ of .13.96 f1111~ to a point. ot nontangent: C"Jr111ture; thence 11,Sl fNt lllonr; t.'i• arc o! a c-..arve ta the z:iqht hav inc; a radius o! 26 f~t and a . . ... ·. · ... · • ...... -' tr,=i: • I U ... ., •· • 0 -. .· • • t• • (. .. am45271A1 ,1455 central angl• ot 40o4G 1 s2• to ·a ncntangen~ pain~ on the !a•t•rly right of way of 2800 Saut~ l111er•on d••crio~d in look 848 at page St, Arapahoe County Rec~rd•r thence Rorth•rly and . along ••i~ laaterly rigbt ~! way a diatanc• at 11.55 !e•t to the Tru• Point of 1et1nnin9, containing 100 aquare fHt, IIOrtt Ot" leaa, · Guntora expre111y ·.r•ta1n Ill rights ·in and ta the proper~? whicb 1• the aub~ect ot tbe within .eaa--.at which will not anr•••anably int•rf~r• with or be in derafaticn ot t.h• ri;hu herein 9unt•d. · · ft•· City o! Englewood,.·•• 1 candi.ticn to thie HH11t•nt-•hall prohibit parking en . the ··entin eul de · ••c vhicb ii.either •lllbrac:ed ·vithin the ••••••n~ herein 9:anted or tar-.rly platted ··~ ~r•on Street. ~he City 1hall •eeet appropriate •no parlcin9 • ai9n1 ind ah all en tore•' the . s,.rking . · · ... rftatriction. ~~·.,···~-:.·--1::::., ff" .... , .· ··1 ..,~ .. . statm:i ind de-u ... ~rttd . ttiia .: ·., 1 d,al' .o·f ·~ t ~; .l9i~;e' \ ~ • ; ·= ... >x.· /:: .. ··.<.> . · ........ , .· .. ~ .. ~·~:.,~;::-a:~ .. : l'l'Afl: · QP' COLORADO c:omrn· Cl' . AJlAPARO! , . '.·: .. ·,~· .··... . .. .-.· ... . . • ·: ~, -····· '<(..· n /:-. . ... . -. ...,__ SP -' ,, ._. ...-.. ,,• • .. ·.·.·.' ~ ~ "'-· ,,. ... ·····,· . . · .... ~~1.~s .• ra :1';. ilchard, :\W ..... ,· .. ~··.:.: -~.~ ..... ,' .. ,..·,:: ·.·, .... . ... ·:. . . : _.,.. .1"~~7 ' ' ...,· . : . . -L ·.;. p Witn••• •Y hand ind official ••al. 'r,;; ,![ '1 •14 ... •· • 0 , ,, I ]- • • .. ;. < ; ·, • • • '· ... I ... " . J .. • • 0 I '>.'l I Date July 20, 1998 Initiated By • • • .. COUNCIL COMMUNICATION Agenda Item 10 a ii Staff Sources Subject City of Sheridan IGA for Landscape Maintenance Contract Parks and Recreation Jerrell Black, Director of Parks and Recreation Dave Lee, Manager of Open Space COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved a contract for the installation of landscaping on South Santa Fe Drive and West Hampden Avenue, by motion, on October 7, 1996. RECOMMENDED ACTION Staff recommends that Council adopt a Bill for an Ordinance approving an Intergovernmental Agreement with the City of Sheridan for participation in a maintenance agreement of the Santa Fe Drive and Hampden Avenue medians. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The cities of Englewood, Sheridan and Litlleton identified the need to enhance improvements along the South Santa Fe corridor . Englewood and Sheridan share common boundaries along the Santa Fe corridor . This IGA would be a cost sharing agreement for the areas in each city. Englewood and Sheridan agree to share costs based on the percentage of landscaping located within the city limits of each respective city. This would be a 40/60"/o split of associated costs for maintaining the landscaping between Englewood and Sheridan. The project limits are from Yale Avenue to Layton Avenue. FINANCIAL IMPACT One bid in the amount of $54,650.00 was received from Schultz Industries, Inc. for maintenance of the landscaping . UST OF ATTACHMENTS Proposed Bill for an Ordinance IGA for Landscape Maintenance of Medians .. • • 0 ]- ]- • • • • '· ... . . BY AUTHORITY /0& '' ORDINANCE NO ._ SERIES OF 1998 A BILL FOR COUNCIL BILL NO . 42 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR MAINTENANCE OF LANDSCAPING ALONG THE SOUTH SANTA FE CORRIDOR BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE CITY OF SHERIDAN. WHEREAS , the City of Englewood and the City of Sheridan agree to share the costs based on the percentage of landscaping located within the city limits of the respective cities; and WHEREAS , the intergovernmental agreement is a cost sharing agreement for maintenance of landscaping along the South Santa Fe Corridor; and WHEREAS , the City of Englewood and the City of Sheridan have set forth their respective obligations in the Intergovernmental Agreement; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : $ectjop 1. The intergovernmental agreement between the City of Sheridan, Colorado and the City of Englewood , Colorado pertaining to the 009t aharing agreement for maintenance of landscaping along the South Santa Fe Corridor, attached u "Exhibit l ", is hereby accepted and approved by the Englewood City Council. $ectjop 2. The Mayor is authorized to execute and the City Clerk to atteat and aeal the Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and pll88ed on first reading on the 20th day of July, 1998. Published as a Bill for an Ordinance on the 24th day of July , 1998 . Thomae J . Burm, Mayor ATTEST : Loucrishia A. Ellis . City Clerk -1- .. • • 0 , ]- • • • I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 20th day of July, 1998 . Loucrishia A. Ellis -2- ----~----~----- . . • . .. • • 0 f ___ . I • • • INTERGOVERNMENTAL AGREEMENT FOR MAINTENANCE OF LANDSCAPING ALONG THE SOUTH SANTA FE CORRIDOR THIS AGREEMENT , entered into this __ day of 1998 by and between the CITY OF ENGLEWOOD , whoee addreu i.a 3400 South Elati Street, Englewood , Colorado 80110 and the CITY OF SHERIDAN, whose address i.a 3231 South Zuni, Englewood , Colorado 80110. WHEREAS, tbi.a is a cost sharing agreement for maintenance of landscaping along the South Santa Fe Corridor; and WHEREAS, the project limits, along South Santa Fe are from Englewood's north City limit line (Yale Avenue) and south to Big Ory Creek (Layton Avenue) (See Exhibit A); and WHEREAS, Englewood and Sheridan agree to share costs based on the percentage of landscaping located within the City Limits of the respective cities. Percentages will change as additional new landscaped areas are installed (See Exhibit B); TERMS OF INTERGOVERNMENTAL AGREEMENT NOW THEREFORE, IT IS AGREED by and between the City of Englewood and the City of Sheridan that: 1 . The City of Englewood. Colorado agrees to provide the followinc services: A. Preparation of appropriate plana. specifications and intersovernmental agreement documents for the landacapinc maintenance . (Estimated in- house cost $2,500) B. Administration of any maintenance contract or, at Englewood's sole option, the City may perform landscapinc maintenance with in-house forces . (Estimated in-house cost $4 ,400) 2 . The City of Sheridan, Colorado agree, to provide the following aervicea : A. Reimburse Englewood for Sheridan', ,bare of coats for the landacapinc maintenance punuant to this intersovernmental agreement on a Mmi- annual baaia bepnninc Aucuat 4, 1998 with the fint payment being due on February 4, 1999 and final payment due on Ausuat 3, 1999 . Sheridan'• eatimated annual ,bare of the maintenance coat ii $39,575 .36 aa detailed on Exhibit "B." B. Reimburse Englewood for coata of repain to landacapinc in Sheridan'• portion not covered under thil intersovernmental agreement. Enclewood will invoice Sheridan for tbeM repain u incidenta occur. Which invoice, ,hall be paid within ninety (90) day, of date of receipt by the City of Sheridan. Enclewood will deduct amounta received from reaponaible partiea involved in automobile accidanta . -1- "' - . , • . •· • , - • • • 0 • (, 3. This intergovernmental agreement shall become effective as of August 4, 1998 and shall terminate on August 4, 1999 . The intergovernmental agreement shall be reviewed on an annual basis . Three additional one (1) year periods may be negotiated by the Englewood City Manager and the Sheridan City Administrator. 4. Billing is to be based on the "actual landscaping maintenance costs as provided in any landscape maintenance contract between the City of Englewood and a private entity." Englewood may use competitive bid process or negotiate a contract per Englewood Municipal Code requirements. 5. Englewood and Sheridan agree to share additional costs for vandalism, automobile accidents, acts of God and other items not covered under this agreement at the same percentages called for in this agreement. 6 . For purposes of this intergovernmental agreement. landscaping maintenance is defined as "the furnishing of all supervision, labor, material, equipment, transportation and traffic control required to maintain the landscaping in an attractive, healthy, operable condition ." 7 . The City of Englewood by and through its employees and agents shall be considered for all purposes of this intergovernmental agreement, to be independent contractors and not employees of the City of Sheridan. 8 . The City of Sheridan by and through its employees and agents shall be considered for all purposes of this intergovernmental agreement, to be independent contractors and not employees of the City of Englewood. 9 . This intergovernmental agreement may not be modified, amended or otherwise altered unless mutually agreed upon in writing by the parties. 10 . The City of Englewood shall not assign or transfer its interest in the intergovernmental agreement without the written consent of the City of Sheridan. Any unauthorized assignment or transfer shall render the intergovernmental agreement null, void and of no effect as to the City of Sheridan. 11. 12 . The City of Sheridan shall not assign or transfer its interest in this intergovernmental agreement without the written consent of the City of Englewood . Any unauthorized assignment or transfer shall render the intergovernmental agreement null, void and of no effect as to the City of Englewood . Either party of this intergovernmental agreement may terminate it by giving to the other party 30 days notice in writing with or without good cauae shown. Upon delivery of such notice by the City of Sheridan to the City of Englewood and upon expiration of the 30 day period, the City of Enclewood shall discontinue all services in connection with the performance of the intersovernmental agreement. As aoon as practicable after receipt of notice of termination, the City of Englewood shall aubmit a statement, showing in detail the eervices performed under the intergovernmental asreement to the date of termination. The City of Sheridan shall then pay the City of Englewood promptly that proportion of the prescribed charge, which the eervices actually performed under the -2- • ,. - • .. • • • 0 r 2X - • • • t • I • . • ' interrovernmental agreeme nt bear to the total services called for under the intergovernmental agreement, leas such payments on account of the charges as have been previously made . 13. All notices and communications under the intergovernmental agreement to be mailed or delivered to the City of Englewood shall be to the following addreaa : City of Englewood 3400 South Elati Street Englewood, Colorado 80110 All notices and communications pertaining to the intergovernmental agreement ahall be mailed or delivered to the City of Sheridan at the following address: City of Sheridan 3231 South Zuni Street Englewood, Colorado 80110 1 4 . The terms and conditions of the intergovernmental agreement shall be binding upon each City , its aucceaaora and aaaiJna. 15 . Nothing herein shall be corurtrued as creating any personal liability on the part of any officer or agent of any public body which may be party hereto, nor shall it be construed as giving any rights or benefi.ta hereunder to anyone other than the City of Sheridan and the City of Englewood. IN WITNESS WHEREOF, the partie1 hereto have es:ecut.ed this intergovernmental agreement the day and year first written above. ATTEST: CITY OF ENGLEWOOD Loucrishia A. Ellie . City Clerk Thomas J . Bums, Mayor ATTEST: CITY OF SHERIDAN -3- "' - . ' • . .. •· • 0 I • "' - . ' • • .. • i L~ ~ ~ I s s I • • - 1- • • • 6' - • , . • SANTA FE LANDSCAPING / HAMPDEN MEDIANS 1998-99 MAINTENANCE ESTIMATE 1998-99 COST 1998 SCHULTZ INDUSTRIES BID $54,650.00 DEDUCTION FOR HAMPDEN MEDIANS (6,463 S.F O $0.2n9) -$1,796 .10 ESTIMATED WATER $3,506.00 ESTIMATED ELECTRICITY $1,260 .00 ESTIMATED PLANT REPLACEMENT & REPAIRS $8,000.00 1• TOTAL COST: $11,819.90 SHERIDAN TOTAL: 60.31% • $39,575.38 ENGLEVVOOD TOTAL: 39 .69% = $28,044.54 LOCATION OV't'NER AREA( SF) PERCENT 1 W. SIDE OF SANTA FE S. OF SANTA FE CR. ENGLEWOOD 3,970 2.09 2 W. SIDE OF SANTA FE N. OF SANTA FE CR. ENGLEWOOD 7,909 4.16 3 MEDIANATSANTAFECR. ENGLEWOOD 4 ,504 2.37 4 MEDIAN NORTH OF UNION ENGLEWOOD 1,330 0.7 5 W. SIDE FOR SANTA FE O RED & JERRY'S SHERIDAN 3,378 1.78 15 MEDIAN SOUTH OF FT . LOGAN SPUR SHERIDAN 2,270 1.19 7 MEDIAN NORTH OF FT . LOGAN SPUR SHERIDAN 1,7915 0.93 8 S.W. CORNER OF OXFORD & SANTA FE SHERIDAN 42,529 22 .36 9 MEDIAN NORTH OF OXFORD SHERIDAN 15,5'4 3.44 10 W. SIDE OF SANTA FE S. OF KENYON SHERIDAN 18.9159 9.97 11 W. SIDE OF SANTA FE N. OF KENYON SHERIDAN 8,100 4.28 12 SANTA FE MEDIANO HAMPDEN SHERIDAN 15,7153 3.515 13 SANTA FE MEDIAN O HAMPDEN ENGLEWOOD 1547 0.34 14 SOUTHERN HAMPDEN RAMPS SHERIDAN 11,728 15.17 15 NORTHERN HAMPDEN RAMPS SHERIDAN 12,1549 15.155 16 S. SIDE OF ROB ROY RD . ENGLEWOOD 20,250 10 .155 17 N. SIDE OF ROB ROY RD . ENGLEWOOD 21 ,489 11 .29 18 MEDIANO ROBROY RD . ENGLEWOOD 2,971 1.515 19 MEDIAN SOUTH OF DARTMOUTH ENGLEWOOD 550 0.29 20 W. SIDE OF SANTA FE N. OF DARTMOUTH ENGLEWOOD 3,5715 1.88 21 1ST MEDIAN NORTH OF DM1ltOUTH ENGLEWOOD 353 0.19 22 2ND MEDIAN NORTH OF DM1ltOUTH ENGI.EWOOO 7,982 4.19 TOTALAMA: 111,117.111.P. -~-- I H I • I T B • . .. • • - - • • • • '· COUNCIL COMMUNICATION Date Agenda Item Subiect Vacation of Utility Easement -Lots 1 -3, Belle July 20, 1998 1Qalii Isle Gardens, 2"" Filing Initiated By Neighborhood and Business Development I Staff Source Harold J . Stitt, Community Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No previous Council Action on this property. RECOMMENDED ACTION That the eight foot utility easement on the south side of Lots 1, 2 , and 3, Belle Isle Gardens Subdivision, 2"" Filing, be vacated . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Portions of Lots 1, 2, and 3 were taken by the Colorado Department of Transportation for the Navajo/Tufts/Windermere truck route as part of the South Santa Fe Drive improvement project. The acquisition of portions of these lots has reduced the total lot area by approximately 1/3; in addition, usable area is further reduced by sight distance restrictions imposed because of the street curvature and speed limit. To maximize the usable portion of the lots, the applicant requests that the eight foot utility easement on the south side of the lots be vacated, thus enabling construction to the lot line. All City and public utilities have indicated no objection to the proposed vacation. FINANCIAL IMPACT There is no negative impact to the City if the vacation is approved. In fact, if new construction can be accomplished , it will increase property values and taxes remitted to the City from this site. UST OF ATTACHMENTS Proposed Bill for Ordinance Staff Report • . .. ., • • 0 , ~• -• 0 I • • <. To: Planning and Zoning Commission Thru: From: Rohen Simpson, Director of Neighborhood and Business Development Harold J . Stitt, Planning Community Coordinator Date: June 16, 1998 Subject: Easement Vacation Request Case# V AC 98-02 Vacation of Easement: Lots 1-3, BeUe Isle Gardens Subdivision, 2"" Filing. APPLICANT: James L. Popish 6670 Crestbrook Drive Morrison, CO 80465 PROPERTY OWNER: Ed Collins Tufts Industrial LLC 8400 E Prentice Ave , #640 Englewood, CO 80111-2912 LOCATION OF PROPOSED VACATION: The easement proposed to be vacated is adjacent to the south property line of Lots 1,2, and 3, Belle Isle Gardens Subdivision, 21111 Filing. RECOMMENDATION: The Department of Neighborhood and Business Development recommends that the requested easement vacation be approved. BACKGROUND AND ANALYSIS : ,, - The subject property is located at the southeast comer of West Tufts Avenue and South Windennere Street. Portions of these lots were obtained by the Colorado Department of Transportation for the Navajo(fufts/Windcrmerc truck route, a part of the South Santa Fe Drive Improvement project . These acquisitions have reduced the total lot area of the three lots by approximately 1/3 . Additionally, developable area is further reduced by sight distance restrictions imposed as a result of the degree of curvature of the street and the speed limiL In order to maximize the developable portion of the lot, the applicant is requesting the vacation of the utility easement along the south eight feet of the lots . All City and public utilities have indicated no objection to the proposed vacation . ZONE DISTRICT: 1-1 , Light Industrial District RELATION JO COMPREHENSIVE PLAN; The 1979 Comprehensive Plan designates this area as an industrial area. ...... •· • 0 , ]- • Case #V AC 98-02 Easement Vacation ·, • • • page2 PROCEDURE; The City Planning and Zoning Commission's recommendation will be referred to the City Council for final action on the requested vacation. DEPARTMENT AND AGENCY REVIEW; Public Works Department -Engineering Division -bas no comment concerning the proposed easement vacation. Safety Services Department -Building and Safety Division -No comment. Utilities Department -The Utilities Department will not be affected by this request. Public Service Company -No objection . . U.S. West Communications-Approves of the vacating of the 8' utility easement. TCI of Colorado -No objection . ' " .. • . • • 0 f __ I - . . Harold Stitt, AICP Planning Community Coordinator City of Englewood 3400 South Elati St. Inglewood, CO 80110-2659 • • • James L. Popish, Genl .Cont. 6670 Crestbrook Drive Morrison, CO 80465 Apr 11 7, 1998 RE: Property at S.E. corner of Tufts Ave. • Windermere St. Lots l,2t3 -Belle Isle Gardens -Second Filing lnglewooa, CO -Arapahoe County Dear Harold, As you know, I am a General Contractor, licensed in Inglewood, and I am working with Ed Collins, a partner in Tufts Industrial, LLC, to construct a small building on the above-mentioned site. The property is vacant land, zoned Il Light Industrial. Colorado 0.0.T. has just completed reconstructing the intersecion at W. Tufts and S. Windermere. According to Lad Vostry of the Inglewood Traffic Engineering Dept., the site is subject to JO mph sightline setback requirements. Thus, the area in the setback cannot be used for building or parking. Working with Hr. Vostry, we have come up with a conceptual plan that has acceptable ingress and egress. However, in order to have adequate parking access, I have proposed contructing the building to the south and east property llnes. At present Lots 1,2,3 have an utility access easement on the south 8'. I have contacted Hr. Paul Kellogl.(571-7518) of Public Service Co., Hr. Dan Kaley (707-7543) of U.S. st Hr. Scott Ada .. (630-5605) of T.C.I. of CO., and Hr. John Bock of Inglewood Utilities. No one has any current or future need for this access, and all approve the request for vacating (see enclosed letters). . Therefore, I aa requesting that the City of Inglewood vacate the utility easeaent on the above described site and as noted on the enclosed site plan. If additional inforaation or clarification ls •:::~tj;J any ti•, m-1012. ~ank you fo, you, s L. Popish ~ " - • . .. ., • • 0 I - - March 20, 1998 James L. Popish 6670 Crestbrook Drive Morrison, CO 80465-2232 . . • • • ~- RE: Proposed development at 1530-1540 W. Tufts Ave. Dear Mr. Popish: t• Siting and land Righh 550 15th Street, Suite 700 Otn•e•, Colorado 10202·•256 Te lephone 101.171.7799 Fau i .. ile 303 .571 .7177 After reviewing your proposal to redevelop the above referenced site, we have no objection to the City of Englewood's vacation of the utility easement over the south eight (8) feet of Lots 1-3, Block l, Bell Isle Gardens Second Filing, as dedicated by the plat recorded May 13, 1952 at Reception number 475064 in the Arapahoe County public record . We do not require further reservation of easement over the above described premises, provided you bear the expense of any removal or relocation of any Public Service Company of Colorado (PSCo) owned facilities that interfere with the proposed development. In addition, PSCo would require that the property owner grant a suitable easement at no cost to the Company on its standard form, for any new and relocated facilities resulting from this project where appropriate, in the Company's sole judgment. Feel free to submit this letter to the City of Englewood, as evidence of our concurrence with your proposal . An additional copy of this letter is provided for that purpose. Please contact me at (303) 571-7518 if you have any questions. rfj s~l:, ., \ ~aulk~ Land Rights Agent ,,. - • .. • • 0 I ~I') ]- · ... TO: JA.\4ES L. POPISH FROM: SCOTT P. ADAMS SUBJECT: E.-1.SE.\tE).;T VACA TE DATE: MARCH 30, 1998 Dear Mr. Popish, • • • ~. MEMORANDUM C• t"' We 're raking television into tomonow. Please let this letter bring you up to date on your request for a Easement Vacation by TCI at the location of T uffs & Windermere St. Lots 1,2,3 Bell Isle G.udens . As of M.lrch 3, 1998 I have looked at your request and have found no objections with it. I have fo rwlrd it on to the legal department of TC! to have processed. You should receive a Leg J! co n fo rm.ition 9.·i thin 2 to 3 weeks . Ple.lse feel free to call me if I can be any more assistance, 6QJ.;&o;. Scott P . Adams ___ .. µ?~ Construction Supervisor ,,, 1 Soul! Aooma 9"el °"'*· co IOZ23 ,.o .lclllNIOO °"'*· co ID20HICIO (3031179-2171 ~- ... ....,_....... ...... --~ ------·- . . • . • • • 0 f __ I U.S. West Attn: Dan Haley 700 West Mineral -Room 1AC92 Littleton, CO 80120 • 0 • ,- James L. Popish, Genl.Cont. 6670 Crestbrook Drive Morrison, co 80465 March 19, 1998 RE: Property at southeast corner of Tufts Ave. & Windermere St. Lots 1,2,3 Belle Isle Gardens -Second Filing Englewood, CO 80110 -Arapahoe County Dear Hr. Haley, The above mentioned property is vacant land and is zoned 11 Light Industrial. Colorado D.O.T. and Englewood have just completed reconstructing the intersection at W. Tufts and S. Windermere. According to the City of Englewood Traffic Engineering Dept., the area shaded yellow on the enclosed drawing is a required 30 mph sightline setback. The area from the setback line to the street cannot be used for building or parking. As you can see on the drawing we do not have enough area to access for parking. We have proposed IIIOVing the building to the back property line, which ls allowable under Il zoning if all buildin7 codes are observed. However, our first step is to have the 8 utility easement on the south side of Lots 1,2{3 vacated. This building will be the last structure built on th scorner. I have contacted Hr. Paul Kellogg with Public Service Right of way Dept. and John Bock with Englewood Utilities. Both parties have said they have no equipment or lines in the 8' easement and have approved vacating it. If U.S. West has no current or future need for this utility easement, I -respectfully request permission to have this 8' utility access easement vacated by the Cl ty of Englewood and Arapahoe County. If th~s ets with your approval, please sign and date b ow, keep a o for your files and return original in the e losed envelo ~Th:n,ou for your prompt attention. , :::l::~~f t::i~approve the vacating of the I' utility asement on the southslde of Lots 1,2,3 Bell Isle Gardens -Secona Filing, Englew d, co 80110 -Arapahoe County. ------------------- ...... U I WIIT c-rlt-700 W _ ..... -..,ac,22 ~.COIOIZO --101-~ ,..., ma, .. .,,. ,.u l03 7117 .... •. •· • 0 ' • ,. -- 0 , . • II ... -----. . ® I I I L-----' -I I .. .. @ ··-.. -... .... u, • • IC z : .... ~: Ill -.. 0 !' • • • z l ' • -•. • C • . .. II • ' - '· \ \ '·. • • • . . -·-~-:;··~ ?, l I I ' I I ' . . ,~,~ . ' ' . ( . • .. • I ~ I - ORDINANCE NO ._ SERIES OF 1998 • • • BY AUTHORITY A BILL FOR /Otii i CO U NCIL BILL NO . 43 INTROD UCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AUTHORIZING THE VACATION OF AN EIGHT FOOT UTILITY EASEMENT ON THE SOUTH SIDE OF LOTS l, 2 AND 3 BELLE ISLE GARDENS SUBDIVISION, 2ND FILING LOCATED AT THE SOUTHEAST CORNER OF WEST TUFTS A VENUE AND SOUTH WINDERMERE STREET. WHEREAS , the Colorado Department of Transportation needed portions of Lots 1,2 and 3 for the Navajo/Tufts/Windermere truck route a s part of the South Santa Fe Drive improvement project; and WHEREAS , the acquisition of portions of these lots has reduced the total lot area by approximately 1/3 ; and WHEREAS, in addition, usable area is further reduced by sight distance restrictions imposed because of the street curvature and speed limit; and WHEREAS , these parcels are located in and 1-1 , Light Industrial District; and WHEREAS , to maximize the usable portion of the lots, the applicant requests that the eight foot (8') utility easement on the South side of the Iota be vacated in order to enable construction to the lot line; WHEREAS, the Enclewood Planning and Zoning Commission reviewed the vacation of an eight foot (8') utility easement on the South aide of Lota l , 2 and 3 Belle Isle Gardens Subdivision , 2-Filing located at the Southeast corner of We st Tufts Avenue and South Windermere Street at their July 16 , 1998 meeting and recommended approval by the City Council ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section l . The "Vacation of an eight foot (8') Utility Easement on the South side of Lots l , 2 and 3, Belle I sle Gardens Subdivision , 2"' Filing" Easement • is hereby approve d by the Englewood City Council. Introduced . read in full , and passed on first reading on the 20th day of July , 1998 . -1 - ' . • . ' .. •· • 0 , 2 I • ,. • • '· Published as a Bill for an Ordinance on the 24th day of July, 1998. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 20th day of July, 1998. Loucrishia A. Ellis -2- --------' . ' .. • • 0 , -, I \ \ \ ~ t . . . J C ' ., , . • • • .. ~m iS- 11 <I' , . " ' \ u., \ "~ '·. ,, ' '\ \ ' j \rl ~I -, -~ ~" .. ITT r i -r .-- 1 ' -~--~, rj • I IJI - • • • 0 - • Date July 20, 1998 Initiated By • • ·, - (, COUNCIL COMMUNICATION Agenda Item 1oa 1v Staff Source Subject Vacation of Right-of-Way in 1800 Block of West Cornell Avenue Neighborhood and Business Development Harold J . Stitt, Community Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No previous Council action . RECOMMENDED ACTION That West Cornell Avenue, east of South Shoshone Street, be vacated, provided: 1) A general utility easement shall be retained which reflects the original right-of-way; 2) All manholes must be maintained uncovered at the same level as the surrounding grade and easily accessible for utility maintenance operations. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED West Cornell Avenue in the 1800 block west is an unimproved triangular portion of right-of-way, bounded on the west side by South Shoshone Street , and on the east side by the City of Englewood/City and County of Denver boundary. Rail lines also exist along the east line of the site , and are topographical changes which would inhibit extension of West Cornell Avenue to the east of South Shoshone Street. This portion of right-of-way does not provide access to any adjacent property . Vacation of this parcel will not impact the transportation grid of Englewood . The site presently serves as a "dumping ground" for trash and refuse . Adjoining property owners would, if the right-of-way is vacated , clean the property, use part of the site for parking and landscape the remainder of the site. FINANCIAL IMPACT There is no financial impact to the City; in fact, this small 780 sq. ft . parcel will, if vacated, be placed back on the tax rolls of the City. UST OF ATIACHMENTS Proposed Bill for Ordinance Staff Report for Case #VAC-98-03 .. •· • . -...... ' ]- - • 0 • To: Thru: From: Date: Planning and Zoning Commission Robert Simpson, Director of Neighborhood and Business Development Harold J. Stitt, Planning Community Coordinator June 16 , 1998 Subject: Right-of-Way Vacation Request Case# VAC 98-03 Vacation of Right-of-Way along the 1800 block of West Cornell Avenue APPLICANT: Philip C . Grimm 1920 West Cornell Avenue Englewood. CO 80110 LOCATION OF PROPOSED VACATION: The right-of-way proposed to be vacated is the 1800 block of West Cornell Avenue . RECOMMENDATION: The Department of Neipborhood and Business Development recommends that the requested right-of-way vacation be approved with the following conditions: 1. A ceaeral atility easement sball be retained which reflects the oripaal right- of-way. 2. All manholes must be maintained aacovered at the same level u the surroaadinc srade and easily accessible for utility mainteaallff operations. BACKGROUND AND ANALYSIS : The request invol ves a unimproved triangular ponion of right-of-way in 1800 block of West Cornell Avenue . The eastern side of the proposed vacation is the boundary between the City of Englewood and the City and County of Denver. The area to be vacated is approximately 780 square fee t. It is unlikely that West Cornell Avenue would be extended to the east into Denver because of the number of rail lines , existing structures and lack of existing right-of-way on the Denver side . This portion of right-of-way also does not provide access to any of the adjacent property . Vacation of this portion of West Cornell Avenue will not impact the transponation grid of Eng lewood . ZONE DISTRICT: 1-1 , Light Industrial District RELATION JO COMPREHENSIVE PLAN: The 1979 C omprehensive Plan designates this area as an industrial area The Master Street Plan indicates that West Cornell Avenue is a local street. "' - ,. .. •· • 0 , I - Case #V AC 98-03 Rjght-of-Wav Vacation • • • page2 PROCEDURE: The City Planning and Zoning Commission's recommendation will be referred to the City Council for final action on the requested vacation. DEPARTMENT AND AGENCY REVIEW; Public Works Department -Engineering Division -An easement over the entire existing ROW must be retained for existing and future utilities. Safety Services Department -Building and Safety Division -Does not effect this department. Utilities Department -The Utilities Department bas review the proposed street vacation and will approve it with the folio~ restrictions: 1. A general utility easement shall be retained which covers the original right-of- way. 2. All manholes must be maintained uncovered at the same level as the surrounding ground and easily accessible for sewer flushing operations. No landscaping which will interfere with access and maintenance shall be allowed. ,_ -. .. I· • 0 f __ I - -1 a:,', .) I I !I I I ,:. .. IOI ~ ,.; :! If I I~ ... I m ~ I I ~ I I ..: ! 133 ' g OOI !! ... .. -!I .... ... 2 ai .002 : OI ' l't~. ~ 015 ci , ... ... It! ~ , ... 143 1. If .. 011 ~ :! . •GI 9 I I 016 ;1 @ °' 1 g I,., 017 oi 11:! I 1 .... 2 NO FLG .. ,:; j I Ii . GIi N ,n "' "" .... ~ I :cl~ I t-1 m ·1 =>1w. 1@1 ~-i ... o"' !! ... I I I I I I • 1 l I '" "' ... ... .... i 005 "' ... > .. ;:; 004 ,~ "' ... "' 005 : ,~ lai --------5 I r I ~ I d I .., I 13'. 007 ': I ... 008 · " 8 l~ 1m I !I I 013 "' ~I I I .. 7 I 1 014 :;I I ;1 I --------61 14a 11 • " - • • I• • , .. . . . :.-··.:" : /"·.: ~~ .. ':-.·. • • ~-J ._·~-. •· • f. .. ' 0 •· -l' ,, t. • I .t • , ]- • • • • • '· FREEMAN SIGNS 1920 W. CORNELL AVE. ENGLEWOOD. COLO. 80110 City of Englewood Planning & Zoning Dept. NEON PLASTIC PAINTED 303-781-0106 May 6, 1998 I am submitting a proposal for the City of Englewood to deed the parcel of land (A portion of West Cornell Ave . to be vacated by the City of Englewood) to the property on the nonh side of2986 S. Shoshone. The owner of this property is Philip C . Grimm . The City ofE.nglewood would have a right of way easement on this property to mainlain a sewer line and would have acceu when needed . Pan of the property would be fenced for parking. and part of the property would be landscaped when a building is completed . . , .. • • 0 - (. FREEMAN IGNS 1920 West C nell Ave. t-1 ~ > ENGLEWOOD . COL ADO 801 lO !_ ~ i b ' ·---·-- L. ·- ··-· ---·--r- -.-.-.., ... i I.,.~~ \ol ~ - • • t• - ··---------..-----------....:_ !-E.ET NO---------OF------- CALCUU.TID av _______ DAT£ _____ _ C,-ICKl08Y------#---DAT!------ ICAI.E .J:;. ":: 2. !.e, " ,-1····~ ..... J.. --r· ·-· -.._J ___ _ I ----·--·---+--I I -··---·---, ·-·-- - . , .. •· • 0 , - ORDINANCE NO ._ SERIES OF 1998 • • - BY AUTHORITY A BILL FOR ,. COUNCIL BILL NO . 44 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AUTHORIZING THE VACATION OF RIGHT-OF-WAY LOCATED IN THE 1800 BLOCK OF WEST CORNELL A VENUE AND SOUTH SHOSHONE STREET BY THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , the City of Englewood received a request for vacation of Right-Of-Way from Philip Grimm owner of freeman signs which is located at 1920 West Cornell Avenue ;and WHEREAS, Mr. Grimm's request involves an unimproved triangular portion of Right-Of-Way in the 1800 block of West Cornell Avenue; and WHEREAS , the eastern side of the area to be vacated is the boundary between the City of Englewood and the City and County of Denver; and WHEREAS, the area to be vacated is approximately 780 square feet; and WHEREAS, it is unlikely that West Cornell Avenue would be extended to the east into Denver because of the number of rail lines, existing structures and lack of existing Right-Of-Way on the Denver side; and WHEREAS , this portion of Right-Of-Way also does not provide acceSB to any adjacent property; and WHEREAS , vacation of this portion of West Cornell Avenue will not impact the transportation grid of Englewood ; and WHEREAS , these parcels are located in and I-1 , Light Industrial District; and WHEREAS , the City of Englewood's Neighborhood and BusineB& Development has reviewed the requested Right-Of-Way vacation and recommends it be approved with the following conditions : l . A general utility easement shall be retained which reflects the original Right- Of-Way ; and 2 . All manholes must be maintained uncovered at the same level as the surrounding grade and easily acceSBible for utility maintenance operations . WHEREAS , the Englewood Planninc and Zoninc Commission reviewed the vacation of the 1800 Block of West Cornell Avenue and South Shoehone Street Richt-Of-Way at their June 16 , 1998 meeting and recommended approval by the City Council with the conditions listed above ; -1- • • • • • • • NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section I . The "Vacation of Right-Of-Way on the of the 1800 Block of West Cornell Avenue and South Shoshone Street• including the above conditions is hereby accepted and approved by the Englewood City Council . Introduced, read in full, and passed on first reading on the 20th day of July, 1998. Published as a Bill for an Ordinance on the 24th day of July, 1998. Thomas J . Bums, Mayor ATTEST : Loucriahia A. Ellis, City Clerk I. Loucriabia A. Ellis. City Clerk of the City of Englewood , Colorado, hereby certify that the above and foreaoing is a true copy of a Bill for an Ordinance, introduced, read in full , and p8881!d on first reading on the 20th day of July, 1998. Loucriabia A. Ellis -2 - ... • • 0 - - f Or : 'J t-. 71 I -' . 1 «>';-) I I 2 I I ! ~ ~ 0, ' II; g "' ""'. ,0 111-... :! ... ... .. Q: • N .n .... !I!"' .... Ill In .... . i.., i~ • "' "' .... I· 008 140 133 I 12 OOI !! ... .. -!6! ... ... 2 • OI .002 : 2 NO FLG i 003 "' 's > ,0 • ;:: 004 . .. ,n - "' ... 4 005 : 009 140 143. 01!5 143 011 . . . 016 @ 017 .. 013 .. 014 • 0 , • • ~1~.o 1~ AVE . ! Ci I!! ,._ ~ .... 1. 1f .. E 111 I~ • 9 I I ;1 "' I 81"' · 112 "' Q. ... ~ 8 ,._ N 1• I ll I "" ~1 I I 7 I I :1 I :c t-~ ::, ~ (/) ;1 I 023 ·1 140 262.31 VISTA HTS . 007 2 ND Ft.G 219.86 6 008 ii I"' -s ---------61 . J • I"". 14a - West Corneli Avenue r I ~ I d I "' · 1 ·t.;: I • I . I 007 ': I . . . .... ooe : ·.· ... '~--=----'~L--·., II It ,, ... ~ .. .. ,·· .... . . . . .. \ . ~ ' • . , •. 008 21 . 140 60 ·o <D @ ~ ..... ... .-:.:.'. ~.-, ... ~.:;:-=· :-~/ :. • .. •· • 0 ' 2 I - ORDINANCE NO ._ SERIES OF 1998 • 0 • BY AUTHORITY , . COUNCIL BILL NO . 33 INTRODUCED BY COUNCIL MEMBER NABHOLZ AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARAPAHOE COUNTY BOARD OF CO~OSSIONERS BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 3, 1998. WHEREAS, pursuant to the Uniform Election Code of 1992, governmental entities are encouraged to coo perate and consolidate elections in order to reduce taxpayer expenses ; and WHEREAS, the City of Englewood has participated with Arapahoe County in conducting coordinated elections in 1993, 1994 , 1995, 1996 and 1997; and WHEREAS , Arapahoe County and the City of Englewood have determined that it is in the best interest of the taxpayers and the electors to conduct a coordinated election for the November 3, 1998 election ; and WHEREAS , the Colorado Constitution Article X, Section 20, requires the production of a mailed notice ("TABOR" Notice) concerning certain ballot issues that will be submitted to the electors of Arapahoe County and the City of Englewood ; and WHEREAS, the TABOR notices of several jurisdictions are to be sent as a package where jurisdictions overlap ; and WHEREAS , there should be county-wide coordination of the production and mailing of the TABOR notice package to effectuate the purposes of said constitutional section; and WHEREAS, the County and the City of Englewood desire to set forth their respective res ponsibilities for the coordinated election and if necessary for the production and mailing of the TABOR notice package pursuant to the Intergovernmental Agreement; NOW , THEREFORE, BE IT ORDAINED BY THE CITY CO ~CIL OF THE ClTY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section 1: The intergove rnmental Agreement For Coordinated Election (Election and TABOR Notice) ie attached hereto aa "Exhibit l." The Intergovernmental Agreement For Coordinated Election (Election and TABOR Notice) is hereby accepted and approved by the En1lewood City Council and the Mayor is authorized to execute and the City Clerk to a ttes t and seal the A,reement for and on behalf of the City of Englewood . Introduced , read m full , and paued on firat readin1 on the 6'~ day of July, 1998. -1- ..... 10 bi .. •· • 0 , ]- • .. • • . . Published as a Bill for an Ordinance on the 10th day of July, 1998. Read by title and passed on final reading on the 20th day of July, 1998. Published by title as Ordinance No ._, Series of 1998, on the 24th day of July, 1998 . Thomas J. Bums, Mayor ATTEST: Loucrishia A . Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 1998. Loucriahia A. Ellis -2- .. , .., • .. • - ] • • • t• • <. INTBROOVBRNJIBNTAL AGRBBNBNT FOR COORDINATBD n.J:CTJ:ON (Blection and TABOR llotice) Thi• Intergovernmental Agreement i• entered into by and between the Board of County Coani••ioner• of the County of Arapahoe, State of Colorado and the Arapahoe County Clerk and Recorder (hereinafter jointly referred to•• the •county•), and the City of Englewood WRBRBAS, pur•uant to the Uniform Blection Code of 1992, a• amended, governmental entitie• are encouraged to cooperate and con•olidate election• in order to reduce taxpayer expen•e•, and WHBRBAS, the County and the City of Englewood have • determined that it i• in the be•t intere•t of the taxpayer• and the elector• to conduct a Coordinated Blection at the November 3, 1998 election, and NHBRBAS, Colorado Conatitution Article X, Section 20, require• the production of a mailed notice (•TABOR• Notice) concerning certain ballot i••ue• that will be •ubaitted to the elector• of the County and the __ c_i_· t"""y __ o_f_E_n_g __ l_e_w_o_o_d _____ , and NHBRBAS, the TABOR notice• of •everal juri•diction• are to be ••nt a• a package where juri•diction• overlap, and WHEREAS, there •hould be county-wide coordination of th• production and mailing of the TABOR notice package to effectuate the purpo••• of ••id con•titutional •ection, and 1 E X H I B I T 1 I· • 0 • • • 0 • WHEREAS, the County and the City of Englewood de•ire to ••t forth their reapective re•pon•ibiliti•• for the coordinated election and for the production and mailing of the TABOR notice package pur•uant to the Intergovernmental Agreement. NOW, THSUPORB, IT IS A.ORSKD by the County and the --'C~i~t~y........;o~f;;c_E;;;..:.;n~g~l~e~w~o~o~d;;;.... ............... -a• follow•1 1. The November 3, 1998, election ahall be conducted a• a coordinated election in accordance with the uniform Election Code of 1992 (Article• 1-13 of Title 1, C.R.S.) and TABOR amendment (Section 20 of Article X of the Colorado Constitution). The election participant• •hall be required to execute agreement• with Arapahoe County for thi• purpo•e and may include municipalitie• within the Arapahoe County limit•, •chool diatrict• within the Arapahoe County limit• and •pecial di•tricta within the Arapahoe County limit• and the State of Colorado. 2. The November 3, 1998, election •hall be conducted by the County with the u•e of ballot card• and electronic vote- counting equipment. 3. The Arapahoe County Clerk and Recorder i• d••ignated •• the coordinated election official and the City of Englewood juri•diction hereby identifie• the City Clerk •d••ignated election official•. I a• it'• 4. The County •hall perform the following ta•k• in relation to ••id election, to wit1 a. Negotiate an agreement with Sequoia Pacific Sy•tem.a Corporation for the printing of the official ballot• 2 • ...... •. ' •· • 0 I ]- • • • utilized for Ab•entee and Barly Voting. b. Provide a copy of all agreement• or contract• negotiated for election •upplie•, equipment and/or ••rvic•• to all juri•diction• participating in the coordinated election. c. Provide a copy of the ballot layout and the text of the official ballot to the --~-c_i_t_y~o_f~E_n_g_l_e_w_o_o_d~~~-for proofreading before authorisation to begin printing of all ballot• begin•. d. Certify the complete number of registered elector• within the Arapahoe County portion of the City of Englewood --~~~~-no later than October 14, 1998. e. Provide aupport on the date of the election by telephone and in peraon, should the need ariae, until counting of the ballot• ia completed. f. Provide ·unofficial reault• of the election on election night by telephone or by facaimil• tranamittal upon requeat. g. Kaintain a liat of actual voters from the November 3, 1998, election, and, upon requeat, generate a printed liat, of the peraon• who voted following the election. The coat will be $.005 par n .... h. Datar:111ine the •1eaat coat• method for mailing the TABOR notice package. Nothing herein ahall preclude the County from ••nding the TABOR notice or notice package to peraon• other than elector• of the City of Englewood if auch •anding ari••• from the County•• effort• to .. 11 the TABOR notice l • . •· • 0 I -!',~I I , ]- • • I~ . • ' I package at the •least coat•. i. Include the City of Englewood text, aa written and in the order aubmitted, in accordance with the TABOR amendment requirement• for the TABOR notice requirement• for the TABOR notice. j. Store all voted ballot• for a minimum of 25 month•, and all other material• required by law, (C.R.S.l-7-802), to be aaved in auch a manner that they may be acceaaed by the participating juriadiction, if neceaaary, to reaolve any challenge or other legal queationa that might ariae regarding the election. k. The County ahall keep a careful and accurate accounting of time, auppliea, printing coat• and aalarie• attributable to the County'• adminiatration of the election for the juriadiction. The participating jurisdiction• proportional ahare of actual co•t• •hall be ba••d on County expenditure• relative to the November 3, 1998, election, including prorated ahare of TABOR notice. 1. Appoint, campen•ate, in•truct and over••• the board of canva••er•. m. No later than 10 day• prior to election, provide the participating juriadiction, no le•• than 10 aeta of each •teat deck• of the juriadiction• ballot atyle(a), to allow for teating of electronic vote-counting equipment pertaining to Absentee and larly Voting. n. Snforce Fair Campaign Practice• Act (Article 45 of Title 1, C.R.S.) 4 I' - • .. •· • 0 • • • ,. 5. The Citv of Englewood ahall perform the following taaka in relation to aaid election, to wit, a. Proofread the layout and the text of the juriadiction• portion of the official ballot• before authorising in writing, the printing of all ballota. b. The City of Englewood i• to publiah all required legal notice• for the juriadiction• ballot question• and candidate•, including the notice that ia required by C.R.S. 1-5- 205, that ia publiahed at leaat 10 daya prior to the election which cover• all pertinent information required by atatute. c. Prepare, hand-count and deliver to the County Clerk, the required teat deck of ballot• for testing the electronic vote-counting equipment, no later than October 28, 1998. d. Remit payment directly to Arapahoe County within 30 day• of billing for it• prorated ahare of all coat• relating to the printing and mailing of Abaentee Ballot•, Barly Voting Ballot• and the judge• coat a••ociated with Early Voting and all other election expen••• deacribed in Section 4 (k,l). The current eatimate of coat• i• $.78 per ballot card plua $.12 for each additional ballot card per aet, to be ahared by all participating juri•diction• for Abaentee and Early Voting. e. Comply with the proviaion• of the Uniform Election Code of 1992 (Article• 1-13 of Title 1, C.R.S.), and the time guideline• achedule a• attached hereto a• th••• relate to the November 3, 1998, election. The Citv of Englewood ahall 5 .. •· • 0 f ~HJ ]- • • t• • notify the County of any exception no later than 29 day• prior to the election. f. Provide to the County, (on computer diakette formatted in Word or WordPerfect DOS), all required TABOR notice• concerning the participating juriadictiona ballot iaauea by the date and in the manner required by the uniform Blectfon Code and applicable rule• and regulation• in (Rule 5.4). Proofread and make any correction• to the layout and text of the notice• within one day of the requeat of the County. g. The City of Englewood ahall defend and reaolve at ita aole expenae all challenge• relative to the ballot question• and candidate•, a• certified to the County for incluaion in the November 3, 1998, coordinated election. h. Submit to the County a copy of the participating juriadiction• Kap with the liat of county precinct• which correapond to the County. i. R-1.t payment to the County within 30 day• of billing for the prorated coat of the preparation and .. iling of the TABOR notice package. j. Order and deliver a certified copy of the property owner• liat for the deemed applicable.) Citv_ of Englewood (if -------------· 6. The City of Englewood aver• that it ha• aufficient fund• available in it• approved budget to pay ita prorated election expenaea for the November 3, 1998, election. 6 ,,, .• • . .. •· • 0 , ]- ]~ • • , . . • ' .. 7. O'nl••• otherwi•• agreed in writing, thi• Xntergovernmantal Agreement and the interpretation thereof •hall be governed by the law• of the State of Colorado. a. Should any provi•ion of thi• Intergovernmental Agreement be determined by a court of competent juri•diction to ba uncon•titutional or otherwi•• null and void, it i• the intent of the partia• hereto that tba remaining provi•ion• of thi• Intergovernmental Agreement •hall be of full force and affect. 9. Notice• to ba provided under thi• Intargova:rnmental Agreement •hall be given in writing either by band delivery or deposited in the united Stat•• mail, certified mail, return receipt requaated, with aufficient poataga, to tha following peraona1 Arapahoe County City of Englewood City Clerk "' - Office of tba County Attorney 5334 South Prince Street Littleton, Colorado 80166 3400 South Elati Street Englewood, CO 80110 10. Thi• Intergovernmental Agraeaent aay not be aodified, amended or otharwi•• altered unl••• mutually agreed upon in writing by tha parti•• hereto. 11. Attacbaanta1 Tha attacbaant• on the following page(•) ara a part of thi• agreament. 7 ' . , ' • . .. • • 0 , '· CITY OF ENGLEWOOD, COLORADO x ... of Political Subdivi•ion HAJmi Thomas J. Burns TI'?Lai Mayor ATTEST: Loucrisbia A. Ellis, City Clerk • • • • BOAJlD 01' COUNTY cc»DIISSIOIDRS, COOlft'r 01' ARAPAHO•, STA.Ta 01' COLOltAI)() Debra A. Vickrey,Cbairper•on Board of County Coaai••ioner• of Arapahoe County ARAPAHO• COUNTY CLD1t • UCORDIDl Donetta Davidian Arapahoe County Clark• Recorder ,. - .. ' . • • . ' • 0 - - • ORDINANCE NO. SERIES OF 1998 ·, • 0 I • • BY AUTHORITY COUNCIL BILL NO . 34 INTRODUCED BY CO U NCIL MEMBER NABHOLZ AN ORDINANCE AMENDING TITLE 1, CHAPTER 8 , OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO MUNICIPAL ELECTIONS . WHEREAS , the Englewood City Council passed Ordinance No. 20, in 1997 which amended Title 1, Chapter 8 by the addition of two chapters pertaining to Write-In Candidates and Cancellation of Election; and WHEREAS , the Englewood Election Commission and City staff reviewed and recommended adoption of the proposed changes at their meeting May 13 , 1998 ; and WHEREAS , with the passage of this ordinance , Title 1, Chapter 8, Sections l , 4 , 5 and 6 will be amended with housekeeping changes; and WHEREAS , the voter registration process has changed considerably in the last few years and with the enactment of the National Voter Registration Act of 1993, Section 1-8 -2 Voter Registration is unnecessary ; and WHEREAS , State Statutes provide for the absentee ballot process making Title 1-8-3 Absentee Ballots unnecessary ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : $ect.jon 1. The City Council of the City of Englewood , Colorado hereby amends Title 1, Chapter 8 , of the Englewood Municipal Code 1985 which shall read as follows : 1-8 -1: ELECTION JUDGES : Judges of tile Mmunicipal elections, CONDUCTED BY THE CITY OF ENGLEWOOD, shall receive such compensation for their services as City Council shall, from time to time, establish by motion or resolution. The judges of each precinct shall select one of their number to deliver the precinct's election returns in accordance with the law, and that judge shall receive an additional sum for the performance of such service . 1 8 l!. VOTSR REGISTRATIOl>I : In aaaitlen lie the rep,t.Ht.ien eena11et.ea at the Ci" Clerla'11 eiiee i11 t,he Ci" Hall. the Sleet.ien Cemmilleien• 11111, prell'iae 1111eh et.her reci11t,re•i1111 faeiiit.iee ae 1t ma, fteem afll'iaahle , a• e11eh e,her plaee er plaeea •• iii ma, Seem ea1uenie11•, a11tl tie he epeft {er a11eh peftetla eft.ime ae i• ma, 8ee1111ulMalsle . The Kleelia11 Ca111111iNia11 ahall ri, e reaae1tahle 11a,iee ef •he leeatlieft er leee.ltene ef' e-.eh rel'i,e ... liall plaeea -1 - • ..... •. 10b ii •· • 0 '32 x l -• • , . • ' 11nd the times the s11me 11h11ll l,e epen 118 it m11, deem 11d ,is11l,le e, p11l,lie11tien er ether .. ise . 1 8 a. ~SE~JTEE BA-bbOTS . Prier te e11eh Mllfl:ieip11l eleetien , the Eleetien C11mmia11i11n 11h11H deaign11te the eleetien j11d,:e11 ef ene preeinet "itmn the Cit, te e1111nt 11H ef the 11h11entee l,11Het11 e1111t 11t etteh eleetien. The C11l11r11d11 Mttmeip11l Eleehen b!lw e~ in efeet 11t the ttme ef 11n, atteh eleetien 11heH ,:e.ern the methetl te he fellewed Ill! te e1111ti:n,:, eelll'ltin,:, eh11Hen,:in,:, 111,jeetin,:, reeerdin,: 11nd the teltm,: ef 1111the 1111 ti! 11l,11entee l,11llet 11nd 11H ether preeedttre1111pplie11hle Ylerete net 11peemeall, 11et ferth herein er in the Charter. The e1111tin,: ef the l,allet may l,e 11p11n the faee ef the , eti:11,: maehme in the 1111me m11nner 1111 if the 11h11entee • eter "ere pre11e11t, e, ene ef the jttd,:ee "ith the al!8iatenee 11nd , ertfieatien ef anether jttd,:e . ~: 1-8-2: VOTING MACHINES : Voting machines may be used in any Mmunicipal election CONDUCTED BY THE CITY OF ENGLEWOOD. Such machines may be rented or leased from the County of Arapahoe or A QUALIFIED VENDOR the Cit, 11nd Celll'lt, efBen,er at a reasonable rental to be fixed by them . ~: 1-8-3: PUBLICATION REQUIREMENTS : Whenever publication shall be required by the Charter, the Colorado Statutes, or ordinances in connection with Mmunicipal elections or prooedure relative thereto, such publication shall be made in the newspaper designated by the Council for the publication of other legal notices of the City. ~: 1-8-4: RETURNS ; CANVASSING : The returns of all Mmunicipal elections, CONDUCTED BY THE CITY OF ENGLEWOOD, ahall be made to the City Clerk. He/ahe shall be a88isted in the canva88ing of returns by the other members of the Election Commission. No later than five (5) daya after• THE Mmunicipal election, the City Clerk ahall open the returns in the preaence of the other members of the Election Commi88ion and 1ft1lft ~ PREPARE AN abatraci. of votes en 1111eparaie 11heet fer eaeh e&iee . In the event of the inability of any of the members of the Commi88ion to attend, the return, may be opened and canvaaaed by any two (2) member• of the Commi88ion in the office of the City Clerk. In the event the City Clerk shall be disqualified or be unable to act, the Deputy City Clerk may lawfully act for him/her and discharce his/her dutiea hereunder. The Election Commi88ion ahall proceed with the canva88ing purauant to the provisions of the City Charter and the Colorado Mllfl:ieipal Election l:.laws . -2- ,- . - ' i'''if' . , • .. .. •· • 0 , I ]- - • • • +.84: 1-8-6: WRITE-IN CANDIDATES : Write-in candidates must file an affidavit of intent with the City Clerk in accordance with Colorado Election Laws. i-8-3: 1-3-6: CANCELLATION OF ELECTION: If the only matter before the voters is the election of persons to office and there are not more candidates than offices to be filled at such election, including candidates filing affidavits of intent with the City Clerk, if instructed by resolution of the Englewood City Council either before or after such date, shall cancel the election and by resolution declare the candidates elected in accordance with Colorado Election Laws. Introduced, read in full, and passed on first reading on the 6th day of July, 1998 . Published as a Bill for an Ordinance on the 10th day of July, 1998. Read by title and passed on final reading on the 20th day of July, 1998. Published by title as Ordinance No ._, Series of 1998, on the 24th day of July, 1998 . Thomas J . Burns, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrisbia A. Ellis, City Clerk of the City of E111lewood, Colorado, hereby certify that the above and foreeoilll is a true copy of the Ordinance paued on final reading and published by title as Ordinance No. _, Series of 1998. Loucriabia A. Ellis -3- ,. - . ' • . • • 0 - ORDINANCE NO._ SERIES OF 1998 • • t ,.. • (. BY AUTHORITY COUNCIL BILL NO . 35 INTRODUCED BY COUNCIL MEMBER NABHOLZ AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD WHICH WOULD AMEND SECTION 110 OF THE ENGLEWOOD HOME RULE CHARTER PERTAINING TO BOND SALES LIMITATIONS FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the City of Englewood rarely issues bonded debt making it more difficult to find market acceptance and therefore have an adequate level of bidding on the bonds as currently required by the Englewood Home Rule Charter; and WHEREAS, by the City Council passage of this ordinance the Home Rule Charter will be changed to give the City more options and flexibility when issuing debt; NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: Section 1 There is hereby submitted to the rqjatered electors of the City of Englewood at the next scheduled municipal election on November 3, 1998, a proposed amendment to the Charter of the City of Englewood , aa follows : 110 : ARTICLEX FINANCE ADMINISTRATION PART lll. BONDED INDEBTEDNESS BOND SALES UMITATIONS The helMh ehaH l,e aela le lhe -.he• aall lleee lii .. ua fer eaah, _. le lhe lleai all, a1ua1e flf the Ci". THE BONDED DEBT OF THE CITY SHALL BE SOLD IN S UCH MANNER THAT IS OF BEST ADVANTAGE TO THE CITY. THE BONDS MAY BE SOLD BY NEGOTIATED SALE , PRIVATE PLACEMENT, OR COMPETITIVE BID . The bonds may contain proviaiona for calling the Mme at designated periods prior to final due date Bl City Council may determine. -l - • < 10b IR .. •· • 0 • • • ~- Sectjon 2 The voting machines, paper ballots or mail ballots for said election shall carry the following designation which shall be the submission clause : Question No Shall the Home Rule Charter of the City of Englewood Section 110 -BOND SALES LIMITATIONS of Article X be amended to read as follows : The l,11ntl.11 11hell l,e iieltl. M '9e highe11t and l,e11t 1,itl.11.ere fer eHh, and M the heat atl.,antege ehhe Cit,. THE BONDED DEBT OF THE CITY SHALL BE SOLD IN SUCH MANNER THAT IS OF BEST ADVANTAGE TO THE CITY. THE BONDS MAY BE SOLD BY NEGOTIATED SALE, PRIVATE PLACEMENT, OR COMPETITIVE BID. The bonds may contain provisions for calling the same at designated periods prior to final due date as City Council may determine. ___ Yes No Sectjon 3. Each elector voting at said election and desirous of voting shall indicate his/her choice by depreBBing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used . Sectjon 4 The proper officials of the City of Englewood shall give notice of said next scheduled municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Section.5 . Only if the question is approved by the registered electors of the City of Englewood shall the Article be amended and the Charter, as amended, certified to the Secretary of State. Sectjpn 6 . If any section, paragraph, clause, or other portion of this Ordinance is for any reuon held to be invalid or unenforceable, the invalidity or unenforceability ahall not affect any of the remaining portiona of this Ordinance. Introduced, read in full , and paased on fint reading on the 6th day of July, 1998. Publiahed as a Bill for an Ordinance on the 10th day of July , 1998. Read by title and pa1&ed on final reading on the 20th day of July, 1998. Published by title as Ordinance No ._, Seriea of 1998, on the 24th day of July, 1998 . Thomaa J . Burna, Mayor ATTEST: Loucriahia A. Ellis, City Clerk -2- . ' • .. •· • 0 , I -• • · ... • I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance puaed on final reading and published by title as Ordinance No . ~ Series of 1998 . Loucriahia A. Ellis -3- . ' • . .. • • 0 ' ORDINANCE NO._ SERIES OF 1998 • 0 • BY AUTHORITY COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER NABHOLZ AN ORDI:-JANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD AMENDING SECTION 46 OF THE ENGLEWOOD HOME RULE CHARTER WHICH WOULD CHANGE THE TIME PERIOD FOR SUBMITTING INITIATIVE PETITIONS PRIOR TO AN ELECTION FROM SIXTY DAYS TO NINETY DAYS. WHEREAS, the City Council of the City of Englewood desires to change the ti.me period for submitting initiative petitions prior to an election from sixty days to ninety days in order that the provisions of State law concerning coordinated elections may more easily be met; and WHEREAS , the Englewood City Council finds that such modification of the Englewood Home Rule Charter would serve the public welfare; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: $ectjon 1 There is hereby submitted to the registered electors of the City of Englewood at the next scheduled municipal election on November 3, 1998, a proposed amendment to the Charter of the City of Englewood, as follows : 46 : ARTICLE VI INITIATIVE AND REFERENDUM SUBMISSIONS If the petition accompanying the proposed ordinance is signed by registered electors equal in number to ten percent (10%) of the preceding cubernatorial vote in the city, with a request for a special election, the Council shall either paaa said ordinance without alterations within durty days after the petition is filed , subject to the referendum . or call a special municipal election, unless a general or special municipal election is to occur within ninety days thereafter . At such special or general municipal election the Council shall submit said ordinance to a vote of the electors of the City. If the petition is signed by registered electors equal in number to at least five percent (5%) of the preceding gubernatorial vote in the city , and is filed with the City Clerk at least llt!tt'Ji (G9) NINETY (90) days before any murucipal or general state election , the Council shall pa11 said propoeed ordinance without alterations within thirty (30) days, or shall submit same to a vote ofthe electon at the next general municipal or state election. If the petition ia not filed with the City Clerk at least ,m., (4;9) NINETY (90) days before the next ceneral municipal or atate election, it shall be null and void . -1 - •. 10 b iv .. •· • 0 • I' • • <. An initiated ordinance shall be published in the same manner as other ordinances. The ballot upon which such proposed ordinance is submitted shall comply with the requirements set forth in Section 14 of this Charter. If a majority of the electors voting thereon shall vote in favor thereof, the same shall thereupon, without further publication, become an ordinance of the City immediately. Any number of proposed ordinances may be submitted at the same election. The number of special elections shall be limited as provided in Section 14 of this Charter. Sectjon 2, The voting machines, paper ballots or mail ballots for aaid election shall carry the following designation which shall be the submission clause: Que1tion No Shall the Home Rule Charter of the City of Englewood Section 46 - SUBMISSIONS of Article VI be amended to change the time period for submitting initiative petitions prior to an election from sixty days to ninety days? ___ Yea ___ No $ectjon 3 . Each elector voting at said election and desirous of voting shall indicate hie/her choice by depreBBing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used. $ectjon 4 The proper officials of the City of Enclewood shall give notice of said next scheduled municipal election, such notice ahall be publiahed in the manner and for the length of time required by law, and the ballots cut at euch election ahall be canvaased and the result aacertained, determined, and certified aa required by law . $es:l.ilm.5. Only if the queetion ii approved by the reptered electon of the City of Englewood ahall the Article be amended and the Charter, aa amended, certified to the Secretary of State. Sectjon 6 . If any eection, paracraph. clause, or other portion of thia Ordinance ii for any reason held to be invalid or unenforceable, the invalidity or unenforc:eability shall not affect any of the remaininc portiona of thia Ordinance . Introduced, read in full , and paaeed on fint readin1 on the 6th day of July, 1998. Published ae a Bill for an Ordinance on the 10th day of July, 1998. Read by title and paued on final readiq on the 20th day of July, 1998. -2- .. • • 0 I -• • . • ' .. Published by title as Ordinance No .~ Series of 1998, on the 24th day of July, 1998 . Thomae J . Burns, Mayor ATTEST : Loucriehia 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 the Ordinance paBBed on final reading and published by title as Ordinance No . ~ Series of 1998. Loucriahia A. Ellis -3 - -~ .... ' ,II - ' • l .. • • • 0 , I ]- ORDINANCE NO ._ SERIES OF 1998 • • • <. ... BY AUTHORITY COUNCIL BILL NO . 38 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING THE TRANSFER OF PROPERTY KNOWN AS CINDERELLA CITY BY THE CITY OF ENGLEWOOD , COLORADO TO THE ENGLEWOOD ENVIRONMENTAL FOUNDATION . WHEREAS, the City of Englewood has owned the property under the parking structure since the original development of the Cinderella City site; and WHEREAS , the Englewood Environmental Foundation provides support for the redevelopment and enhancement of the City's commercial environment; and WHEREAS , the Englewood Environmental Foundation owns the remaining property under the redevelopment site ; and WHEREAS , the City wishes to coordinate the transfer of the entire site for the redevelopment of the Bite; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO . THAT: Section 1. The City Council of the City of EncJewood , Colorado hereby authorius the transfer of the Cinderella City property u deecribed in the Bargain and Sale attached hereto as "Exhibit l " to the Enclewood Environmental Foundation for redevelopment of the property. $es;tjop 2. The Mayor and the City Clerk ia hereby authoriaed to •icn on behalf of the City of EncJewood, Colorado. Introduced, read in full, and p...d on fint readinc on the 6th day of July, 1998. -1- ·- 10bv .. • • 0 - - • • • . . ... Published as a Bill for an Ordinance on the 10th day of July, 1998. Read by title and passed on final reading on the 20th day of July, 1998. Published by title 88 Ordinance No .~ Series of 1998, on the 24th day of July, 1998. Thomas J. Burne, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I , Loucrishia A . Ellis, City Clerk of the City of Ellllewood, Colorado, hereby certify that the above and foregoi.nc is a true copy of the Ordinance passed on final reading and published by title 88 Ordinance No. ~ Series of 1998. Low:riabia A. Ellis -2- ----~ ..... ' • . .. .. • • ]- -- • • • • 0 • • BARGAIN AND SALE THIS DEED, made this _ day of 1998 between THE CITY OF ENGLEWOOD , COLORADO a Home Rule City exiatinc under and by virtue of the laws of the State of Colorado, crantor, whoee lepl addreu ia 3400 South Elati Street, Enalewood, Colorado 80110 and THE ENGLEWOOD ENVIRONMENTAL FOUNDATION, INC., a Colorado nonprofit corporation, grant.ees; whose lepl addreaa ia 3400 South Elati Street, Englewood, Colorado 80110. WITNESSETH, That the crantor, for and in conaideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration including aaaumption of the environmental risk. the receipt and sufficiency of which ia hereby acknowledged, baa granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grant.ee, its succeasors and aaaigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Arapahoe, State of Colorado, described in Exhibit A. attached hereto and incorporated herein. *LESS AND EXCEPT for the following named parcels; Parcels 1 to 6 ; Parcel A ; Parcel B: Parcel C; Parcel D ; Parcel E : Parcel J; Parcel K: and "Joalins Parcel;" as shown in Exhibit C which ia attached hereto and incorporated herein; and which parcels are more specifically set out in Exhibit B consisting of nine (9) paps, attached hereto and incorporated herein, except for any further covenants, conditiom, euements, restrictiom &et forth in Exhibits A and 8: also know as : Cinderella City Sboppinc Center 701 West Hampden Avenue Englewood, Colorado 80110 TOGETHER, with all and •incular hereditamentl and appurtenances belonsinl thereto and any reversion, remainder, renta, iaaue, and profita thereof; and all the estate, ript, title interest, claim and demand whataoever of the srantor, either in law or equity, of, in and to the above bargained and conveyed premue,. TO HA VE A .. 'll> TO BOLD the aaid premiae, above barpined and conveyed and described, with appurtenaDCel, unto the srant.ee, ita ,w:ceuon and ueicm forever. And the crantor for itaelf, ita 1ucceuon and ueicm. doe, covenant. srant. barpin and ap-ee to and with the crantee, ita 1w:ceMOn and ueipa, that at the time of the emealiD( and delivery of these preNntl, it ia well Ni.zed of the premiN1 above conw:,ed. baa sood, aure , abaolute and indefeuible estate of inheritance, in law , in fee aimple, and baa sood richt. full power and lawful authority to srant. barp.in. Nil and convey the -• in manner and form aforeaaid, and that the aame are free and clear from all former and other sranta, barpina, aales, liens, taxes, UNumenta, encumbrancee and reatrictiom of whatewr kind or nature whataoever, except tbOH of record . • E X H I B I T 1 .. •· • 0 , ") -• • • IN WITNESS WHEREOF, The said grantor baa caused its name to be hereunto subscribed by Thomae J. Bums aa Mayor of the City of Englewood. Colorado and ita seal to be hereunt.c> affixed, attested by ita City Clerk, the day and year fint above written. CITY OF ENGLEWOOD Thomaa J . Burne, Mayor ATTEST Loucrishia A . Ellie, City Clerk STATE OF COLORADO ) ) ... COUNTY OF ARAPAHOE ) The forqoinc i.natrument waa acknowledpd before me thia day of ----------~ 1998 by Thomaa J . Burm aa Mayor of the City of Englewood, Colorado. My colllllliamon eitpiree: Witneea my band and official aeal. Notary Public • . .. • • 0 f _..,.. . I - • • • 0 • ~.Ct..i.. . ...1 A PART OF THE SE 1/4 OF SECTION 33. AND A PART OF THE S\J '.. 4 OF SECTION 34. TD\JNSHIP 4 SOUTH, RANGE 68 \JEST C!F THE 6 "'."h P.~.. CITY OF ENGLEIJOOD, COUIHY OF ARAPAHOE. STATE CF COLOPADC . DESC~:3ED A:; FOLLDIJS• COMMENC IN G AT THE SIJ CORNER OF SAID SECTIQtl 34; T-[NCE ~JCRTHERL Y ALONG THE \JEST LINE OF SAID SECTION 34 A DISTANCE OF 68.00 FEET TD A POINT ON THE NORTH LINE OF \JEST HAMP llEN A'. ENUE <AS SA1D NORTH LINE EXISTC::D PRIOR TO THE GRANT OF EASEMCl7S I N INSTRUMENTS RECORDED IN BC!OK 1714 AT PAGES 412. 423. 426 At~: 429), SAID POINT BEING TH[ POINT OF BEGINNING; THENCE ON AN AtlGLC:: :i.J 1HE LEFT OF 89"40'32' AND ALONG SAID NOR1H LINE A DISTANCE. er .! -2.00 FEET; THEtJCE ON Atl ANGLE TO THE RlGHT OF 90"00'00' A D!'.:TANC E OF 133 .00 rEET1 THENCE ON AN ANGi...E T:J THE LEFT OF 90°00°00' A D:'.:TANCE OF 150.00 FEE1; THENCE ON AN ANGLE TC! THE RIGHT OF 90'00'00' .:, DISTANCE OF 8 .00 FEET; THENCE ON AN ANGLE TC THE LEFT OF c;c·oo·oo· A A DISTANCE OF 292.40 FEET1 THENCE ON AN ANGl..E TO THE i<iGHT Jr 99•55 ·00 • A DISTAtlCE OF 36.00 FEET;. THENCE ON AN ANGLE TD THE LE=-T c=-90·3e•42• A DISTANCE OF 66.04 FEET TO A PC!I'.H CN THE EAST LINE c;:-ThE SANTA ;:-c RAILROAD RIGHT-OF-'JAY1 THENCE ON AN ANGLE TO THE RIGHT OF :06"54'23' AND ALONG SAID EAST LINE A DISTANCE OF 312.76 FEET, TrENCE :~J AN At ,GLE TD TnE RIGHT or i •52·00· M ID ALONG Sol.ID EAST LINE A DE'T ANC!:: or 812 .25 FEET TO A POINT ON THE NORTH LINE or THE SE l/4 OF Th[ SE l/4 OF SAID SECTiCN 33; THENCE ON Ai~ ANGLE TO THE RiGHT OF 7:"46'c-=' AND ALONG SAID t!ORTH LINE A DI!:iANCE :::JF 604 .65 FEET, "°CRE ~R L£::S. TO THE NORTHI.JEST CiJRt~ER OF 'w'EST FLCYD A'/ENUE A'., DE'.>CR:3:::::D I :. THE DEC:::0 TD THE CITY OF ENGLEVOOn CDLORADQ A COLORADC HOM[ r:~L[ c:TY RECORDED OCTOBER L 198~ IN BOOK 4559 AT PAGE 73~ ThE~CE ~-ONG THE WESTERLY AND SOUTHERLY LINES or SAID WEST FLOYD AV(NLE THE •OL LO'.JIN G COURSE'., Ar,!l D"iSTA~IC[S: D CN AN ANGLE TC Tf-'E RIGr"'." OF 89"51'25' A D!STANC!:: C!F 6.;.oo FEET TD THE SOUTHVEST CCR NER :;:-' '..AID F°LOYD AVENUE A!: DESCRIBED IN SAI!l DEED1 2) CN AM AtJGLE TO THE LEFT OF 90"08'35' A DISTANCE OF 974.82 FEET, MORE OR Li:SS. T=: THE NCRTH\.'E!:T CCRNER OF THE PLAT OF G[RARD PLACE !:UBDI \· iS!DN, =::::CDi<!lED JANUARY 6, I987, HJ PLAT BOOK 94 AT PAGE 18, ALSO B!::lNG ;.. P: :~T O'.i THE \JEST LINE CF SOUTH ELATI STREET; THE~CE ON ,c.:; ;,~;c_::: TC 'THE RIGHT OF 90"06'11', ALONG THE \JEST UN[ er SAID Si.JBDl '/I::::::N .:.·.D THE \.'ES T l!t!E cr SC 'JTH ELA:[ STRE!::T. A DISTP.~i CE i:!r 5 5 ':.9! F::ET TiJ THE SOUTHVEST CORtJER or SAID S'JBD!I/ISIC~IJ THENCE CON7 i~.crr-.c ALONG THE \JEST LINE OF S.:JUTH ELA TI STR!::E r; A DISTANCE D• 44 S.63 !=" Ec.T. MORE OR LESS. TO THE NORTHEAST CORNER Of THAT PARCL ::LSC:;.:BED It-: DEED TO HAMPDEN COMP.:.NY, A COLORADO CORPORATION , REC 2;_J[D _.:.tJUA R'( 2 7, 1967 IN BOOK 1696 A1 PA;:;[ 491 'THPICE AL:!~G :i-i[ NCR,H[r:'_Y .:.:.: \JGT[~~y LINES er Sol.ID PARCEL 1 HE rDL LD\JlNG COUP S ES ;.:,D DIS: A: ;,:r:s, :, ON AN ANGLE TO TH[ R!Gh T OF 90•09·so· ALONG THE NCRTH Lll\[ c;.-SAi: P.:.RCEL A DISTANCE or 15S .50 F[E'T J 2 ) ON AN .\tl(iL[ TD THE LE,T or 90·05 ·50 • A or:.rANCE er }'1 4 .88 FEt.T TO A PDHH ON THI:. NORTH ui1E L!f-\. EST HAMPDEN AV[NU!:: <AS I T EXI'..TED PRIOR TO THE GRANTS CF C::ASE"'::NTS HI iNS TRUMENTS R[C CR!lED Ill :SCCK 1714 AT PAGES 412. 423, 42$ AN: •29); THENCE ON AN ANGLE Ti:! THE R;GHT OF 90"09 '50• AND ALON G SAI : 'iCRTH LINE A DISTANCE CF 28'J.15 FEET TD THE SOU TH EAST CORN[;_ OF --lA T PARCE L DESCRIBED IN DEED TO COLUMBIA lN'.;URANCE S[RVI C'::. It.JC. A COLORADO CORP ORA T10N, RECORDED JUNE 2!. 196 7 It! Bern< 17:-1 A«; ;,AGE 4001 THENCE ALCNG THE EASTERLY, NORTHERLY AND \JESTER_':' LI'-~S OF SAID PARCEL THE F:JLLO\JING COURSES AND DISTANCC:::, D 011 AN ,:.: !GLE TD THE RIGHT OF 90"00'00• A DISTANCE OF 130.00 FEET; 2) ON A~I ArK,_:: TO THE LEFT OF 90•00·00• A DISTANCE OF 120.00 FEET; J) or; AN ANGLE TO THE LEFT OF 90"00'00' A DI'..TAN CE CF 130.00 FEET TC ,:. POINT ON THE NORTH LINE OF' SAfD 'JEST HAMP:lEN AVENUE AS IT EXI'..TED PRIOR TO SAID GRANTS OF EASEMENTS; THENCE CM AN ANGLE 70 T-[ RIGHT OF 9o·oc·oo · AND ALONG SAID NORTH LINE A DISTANCE O• 38:.oo F::~T TO THE POINT Cf BEGINNING, CONTAINING AN ARCA Cf 4 7.116 ACR£S. M:~E CR LES:.; • " X "' I • I T A •. •· • 0 ' ? • ,, ~ • ·~ • .. ------------------·····-- EXCEPT, PARCELS 1 TC 6, INCLUSIVE, AS SET •C!RTH IN THE RIGHTS AND EASEHE !HS AS CONVEYED BY SPECIAL IJARRA'tlTY DEED F"RDM CAPITAL ALLIANCE COMPANY TD HAMPDEN COMPANY, DATED JANUARY 18, 1967 AND RECDRDlD JANUARY 17, 196 7 IN BOOK 1696 AT PAGE 51, AS AMENDED BY THAT CERTAIN DOCUMENT DATED JUNE 2. 1967 AND RECORDED JUNE 21. 1967 IN BOOK 1714 AT PAGE 3381 2 of 2 • . .. • • 0 I ,,. -• • • - eABi:tl.....At COMMENCING AT THE SIJ CORNER Cf' SECir:~ 34 D£SCRIBED ABOVE; THENCE NCRTHERL Y ALONG THE \,.'(Si LrNE CF SA!:l SECrtCN '.34 A DISTANCE Of' 68.CO FEET TC A PCINT ON THE !'40Rii-' R!G!-'T-:JF'-W.,Y UtlE Of' \JEST HAMPDEN AVEN~E <AS $AID RIGHT-0,-'JM L:~;E EX1$7E:.l PRIOR TO THF GRANTS OF EASEMENT~ IN INSTRUMENTS RECORDED tN B:JCK 17i.i AT PAGES 412. 423, 426 AND 429>1 THENCE EASTERLY ON AN ANG .. :: TO THE RIGHT Of' 90.07'26' ALONG SAID NORTH RIGHT Cf"' \JAY LINE A :)IS:ANCE Of' 163.00 FEET1 THENCE Otl AN ANGLE TC THE LEFT Cf" 90•00·~0• A ::HST ANCE CF 405.00 f."'EET TC! A PO[NT \,.'HICH I~ 2.2 FEET SCUTH[~L Y; CF' THE INTERSECTION Of' COLUMN LIME 33 IJiiH CCLUM'.1 !...!'.\IE B3 Of' THE EXISTING BUILDINGS AND [MPRO\'EMENTS, IJHICH PotNT [S THE T~l.iE ?C!NT C!f' BEGINNINCiJ THENCE NCRTHIJESTERLY ON AN ANG .. E :: TnE LEFT Of' 45"00'00' ALONG A LINE PARALLEL TC AND 1.5 f."'EET S:JUTH'w'ESTERL Y f'RCl"I SAID COLUMN LINE 33. A DISTANCE Cf."' 384.:JQ FEE".' TD A PCINT IJHICH IS 1.S f'EET SCUTHEASTERL Y F'ROH COLUMN L:NE ~iN OF $AID BUILDINGS1 THENCE SCUTH'w'ESTERLY ON AN ANGLE 7::; T;-.E LEFT OF 90"00'00' ALONG A LINE PARALLEL TC AND 1,S FEE7 S~UTHEASTERL Y f'RCM SAID COLUMN LINE NN A DISTANCE CF 480.00 FEE:i TC A PctNT 'w'HICH IS 2.2 f'EET SCUTHERL Y CF THE INTERSECTION Cf' i:::lL:.JMN LINE NN AND COLUMN LINE 18 OF' SArD BUILDINGS, THENCE NOR7i-:'.ESTE~L Y ON AN ANGLE TD THE RIGHT OF' 90"00'00' ALONG A LINE PARALLE::... T::l AND t.5 FEET SCUirilJESTERL Y f."'RCH SAID COLUMN LINE 18 A DISi A~lCE Of' 256.00 f'EET TO A PCINT IJHICH IS 1.S f"'EET SOUTHEASTERLY CDLUI'!': UNE V'I Of' SAID BUILDINGS; TH(NCE SOUTH'w'ESTERL Y ON AN ANGLE T: TnE L::FT Cf' 90·00·00• ALONG A LINE PARALLEL TC AND 1.S f'EC' s:u71.fEASTERL Y FROM SAID COLUMN LINE VY A DISTANCE OF' 90.00 ,::Ei TO A PctNT IJHICH IS 6.00 FEET NORTHEASTERLY Of"' COLUMN LINE 1S .:;:-SAID BL:ILDINGS CR IHPRDYEMENTSi THENCE NORTH'w'ESTERL Y CN AN ANGLE TO THE RIGHT CF' 90"00'00' ALONG A LINE PARALLEL TO AND 6.00 f'EE:T !';CRTHEASTERL Y f'RCM SAID COLUMN LINE 1S A DISTANCE CF' 104.0 F'E:E:T TiJ A POINT 'w'HICH IS 6.S FEET NCRTH'w'ESTERL Y F'RCH COLUMN LINES YY CF' SAID BUILDINGS, THENCE NCRTHEASTERL Y ON AN ANGLE TD THE RICiriT CF' 90"00'00' ALONG A LINE PARALLEL TO AND 6.S f'EET NCRTH'w'ESTERL Y F'~CM C~LUHN LINE YY A DISTANCE OF' 189.S F'EETJ THENCE SOUTHEASTERLY CN AN ANGLE TO THE RIGHT DF' 90•00•00• A DISTANCE OF' S.00 f"EET TC A POINT 'w'HICH IS 1.S f'EET NDRTH'w'ESTERL Y FROM THE SAID COLUMN YY; THENCE NCRTHEASTERL y ON AN ANGLE TO . THE LEFT OF' c;o·oo·co· AL!::NG A LINE PARALLEL TD AND 1.S FEET NCRTH'w'ESTERL Y f'RCM COLUMN LINE YY A DISTANCE CF' S43.S FEET TO A POINT 'w'HlCH IS 1.S F'C::E:T NORTHEASTERLY F'ROM COLUMN LINE 38 OF' SAID BUILDINGS AND IMPRCVE!-!ENiSJ THENCE SOUTHEASTERLY ON AN ANGLE TO THE RIGHT CF' 9o•oc·oc· A DISTANCE OF' 64.00 F'EET TO A POINT 1.S FEET NCIRTH'w'ESTERL Y f'RCM COLUMN LINE 'w''w' Cf' SAID BUILDINGS AND IMPROVEMENTS, THENCE NORir!EAS;"E:RLY ON AN ANGLE TO THE LEF'T OF' 90"00'00' ALONG A LINE PARALLE:.. T::l AND l,S FEET NCRTH'w'ESTERL Y OF' SAID COLUMN LINE 'w'\/ A DISi A~•CE: CF' 224.00 FEET TO A POINT 'w'HICH IS 1.S FEET NORTHEASTERLY F'RCM CCLL:r-!N LINE 4S OF' SAID l of 9 • X " ' ,I, B .. • • 0 , • 0 t• • BUILDINGS AND IMPROVEMENTS; THENCE SOUTHEASTERLY C:--.liN ANGLE TO THE RIGHT OF 90"00'QO• ALONG A LINE PARALLEL TO AND 1.5 =-::::::-;- NORTHEASTERLY PROM SAID COL LJ MN UNE 45 A DISTANCE C, 128.00 FEET TD A POINT 1.5 FEET NORTH'w'ESTERL Y FROM COLUMN LINE s:; :F SAID BUILDINGS AND IMPRO V EMENTS, THENCE NORTHEAS TERLY (!~ • .:,;~ ANGLE TO THE LEFT OF 90"00'00' AL:::iNG A LINE PARALLEL TO AND l.5 F::::::- NCRTHVESTERLY •ROM SAID COLUMN LINE SS A DISTANCE ;:;-160.00 FEET TD A POINT \JHICH IS 1.5 FEET NOPTHEASTERL Y FROM COL;J~N '...IN[ 50 OF SAID BUILDINGS AND IMPRO V EMENT Si THENCE SOU THE AS TERL Y CN AN ANGLE TO THE RIGrH OF 90•00·00• ALONG A LINE PARALLEL TD AND 1.5 FE:::7 NORTHEASTERLY FROM SAID CCLUMN LINE 50 A DI~ T ANCE c;:-192.00 FEET TO A POINT \JHICH IS 1.5 FEET tlORTH'w'ESTERL Y FROM COU .. ~N '....iNE MM OF SAID BUILDINGS AND IMPROVEMENT~, THENCE NORTHEASTERLY C!N .:.:i ANGLE TO THE LEFT OF 90"00'00• ALONG A LINE PARALLEL TD AND 1.5 FE:::- NOPTH'w'ESTERL Y FROM SAID COLUMN LINE MM A DISTANCE :, 96.00 FEET TO A POINT \JHICH IS 1.5 FEET ~lORTHEASTERLY FROM COU.J~l\ :..:•~E 53 OF SAID BUILDINGS AND IMPROVEMENT SJ THENCE SOUTHEASTERLY C'; ,:,:--. ANGLE TO THE RIGHT OF 90"00'00• Ai...ONG A LINE PARALLEL TO AND 1.5 Fi:::'.".' NORTl-tEASTERL Y FROM SAID CDLUMN LINE 53 A DISTANCE c; 55.0 FEET TO A POINT \.'HICH IS 10.5 FEET NORTHF\.'ESTERL 'f FRCM c:::;:...L~·. Li'.,E KK CF SAID BU!~DINGS AND IMPROVF:MENTS; THENCE NORTHEAST[~:._ 'f CN Ari ANGLE TD THE LEFT or 90·00·00· ALONG A LINE PARALLEL TD AN: :o.5 FEET NORTH'w'ESTERL Y •ROM SAID COLUMN LINE KK A DI:.TANCE :; %.00 FEET TO A POIIH 'w'HICH IS 1.5 F"'EE7 t·IORTHEASTERL Y TD A ?DIN T • .. ...,::'-1 rs 1.5 FEET NORTH(ASTERL'f •PC~ COL~MN LINE 56 OF SAID BU!:...::~GS AND IM?RO'l:J'1ENTS1 THENCE SDUTHE.:.STERL Y ON AN ANGLE T::! -,..::_ ~!GrlT OF 90"00'00' ALONG A LINE PARALLEL TO AND 1.5 FEE:T NCP"'."'-cC::.:.:;-;-[i<LY FROM SAID COLUMN LINE 56 A DIS:ANCE or 652.00 FEET; -:--::::,CE SO'JTHERL Y ON AN ANGLE TO i'HE R!Grl: 0• 4::S"OO 'OO' A D,::-.:.~.C[ 2F 135.9 FEET TO A P:lltlT '.JH,C H I'.; 1.5 FE.ET SDUTHEASTE'i<L v =-~=~ COLUMN LINE ~I er SAID BUILDINGS Ar,!) IMPRCVE!'![NT'.;; Tr-iE:.CE. S:!.. -;.,,. :::sTERL y ON Atl ANGL E TD THE RIGHT OF 45"00 '00' ALONG A LINE p.:.,~.:.:...:..::.'.... TD AND 1.5 FG:T S:JUTHEASTERL Y OF SAID COLUMN LINE N A D,S; ,.:.r.:::: OF 33.07 FE:E.T; "THE'IC[ ALONG THE BCUNDARY OF A PARCEL DE$CR!3::.: IN BOOK 1734 Ai PAGE 6:'9 THE FLlLLDIJ!NG FOUR (4) COUR!;ES, (1) NQR7i-'·. :::::ERLY ON AN A~IGLE 'T:::i THE RIGHT OF 90"00'00' A DISTANCF: OF 56.25 FEE-; <2) Th['JC[ r,CP 1 rlEAS T[RL Y ON AN Ar,fiLE 'TD THE RIGH'7 OF ,c·:o·oo· A DIS A:,CE CF 64.0 0 Ft:E":'1 <3) TrlENCE. NORTHVESE~L Y Ct, .:.·. A;',;GL E TO THE LE.FT OF 90"00'00' A DIS T.=.NCE OF 13€.00 FEE1 ; C4) Ti-lE'-1 .... E SO UTh'.IESTERL Y ON AN ANGLE TO THE LEFT OF 90·00·00· ,.:. :iS TA~JCE or 2 7 8.83 FEETJ THENCE DEPARTING THE BOUNDARY OF SAI: ;,.:,:._ :E'.... AND CON: .NUING ALCNG LAST SAID COURSE A DISTANCE. O• 25.:: :=-::::: T ALONG A llNE PARAL.~EL TO AN:) 1.50 F[[T SOUTH'w'(STERL Y FROM :.:.: : CJL~MN LINE T TD A POINT \JHICH I'.; 15 .5 FE[T SOUTH'w'ES1ERL. Y FRC~ ::_;.:MN LINE 45 O• SA!!l BUILDINGS AND I"'1PROVEMENTS; 'THENCE NOPTH'-r:"7:~~ Y ON AN ANG L E TD THE R[GH'T OF 90"00'00' ALONG A LH~E PARAL:...E_ -:= :.ND 15 .S FEE'T SiJUTl-t\J(';TERLY n~nM SAID COLUM~J LINE 45 A DISTAr.:::. CF 242.00 F[[T iJ A POINT1 THENCE: SOLJTH '•ESTEPLY ON AN ANGLE ;: ... i-lE LffT OF 90"00'00 ' A DISTANCE OF 17.00 FE:'.TJ THENCE NORiHVESTE~-" ON AN ANGL[ TD THE RIGHT O• 90"00'00' A DI'.)TA'.lCl OF 14 .00 ;::::::-7:J A PO!Ni \.IHICH IS 1.5 F[E s:iu -r-EASffRL Y :ir CO!..UMN Llt![ :3 o, SA,D BUI LDINGS AND IMPRD VE ~C S1 THENCE m; AN ANGLE TC 7-E u::=-r OF 90"00 '00' A:...OMG A LINE PARALL[i... TD AND 1.5 FE~T SO L.iTr'~ .:.3-;-[~LY FROM SAID CDLUMM LINE BB A DISTANCE OF 353.00 FEET :: Tl-IE TRUE PCI NT OF BEGINNINGJ <THIS PARCE'.... CON'T AIIJS 16 .265 ACRES , MORE CR LE~S.) 2 of 9 ... •· • f ]- ~ ~._·.· . >:-. • • • ... t.J;C!~~JI!' COMMENCING AT THE S'w' CORNER CF THE ABOVE DESCRIBED .SECTION 341 THENCE NORTHER!.. Y ALONG THE 'JEST LINE OF SAID SECTION 34 !DISTANCE OF 73.0 FEET TO A POINT ON THE NORTH !..rNE CF" A S.O FOOT ~~ENT GRANTED TC THE DEPARTMENT OF HIGH'w'AYS. STATE CF COLORADO. INSTRUMENTS RECORDED · IN BCCI< 1714 AT PAGES 4!2, 423, 426 AND ·<129, ARAPAHOE COUNTY, COLORADO. RECORDS, THENCE EASTERLY ON AN ~· ANGLE TC THE RIGHT CF" 90"07'26• A DISTANCE CF 50.00 F"EET TO A POINT ON SAID NCRTHERL Y LINE 'w'HICH IS THE TRUE POINT CF BEGINNING, THENCE CONTINUING EASTERLY ALONG SAID NORTH LINE A DISTANCE OF 185.00 FEET TO A POINT; THEMCE NCRTHERL Y ON AN ANGLE TO THE LEFT CF 90•00·00• A DISTANCE CF 154.00 F"EET TO A PCINT1 THENCE 'w'ESTERL Y ON AN ANGLE TC THE LEFT CF" 90"00'00• A DISTANCE CF 185.00 FEET TO A POINT, THENCE SOUTHFRLY C!N AN ANGL.E TO THE Lffl or 9c·oo·oo· A D1$TANCE OF 154.00 tl:.f.T TC lHE lRUE POINT Of-BEGlNtHNG1 <THIS PARCEL CONTAINS 0.654 ACRES, MORE OR LESS> . ;- . ' • • • 3 of 9 ° r "'l'> I - • • • i. • ~CEL •. I;• COMMENCING AT THE SE CORNER OF THE ABOVE DESCRIBED SECTION 331 THENCE NCRTHERL Y ALONG THE 'JEST LINE OF SAID SECTION '33 A DISTANCE OF 73.00 FEET TD A PDINT ON TH£ NORTH LINE OF THE EASEMENT DESCR[BED IN EXCEPTION B ABOVE; THENCE 'IJESTERLY ON AN ANGLE TC THE LEFT CF 99•40'32' ALONG SAID NORTH LIME A D[STANCE OF 20.00 FEET TC A POINT ON SA[D tlJRTH LIIIC 'JH[CH IS TH£ TRUE POINT CF BEGWNING, THENCE CONTINUING \/ESTERLY ALOMG THE SAHE COURSE AND ALONG SAID NORTH LINE A DISTANCE OF 26S.OO FEET TO A POINT, THENCE NORTHERLY ON AN ANGLE TC THE RIGHT Cf' 90•00•00• A DISTANCE CF 136.00 FEET TD A POINTJ THENCE EASTERLY ON AN ANGLE TO THE RIGHT OF 90•00•00• A D(STANCE CF 26S.OO FEET TC A POINT1 THENCE SOUTHERLY ON AN ANGLE TO THE RIGHT CF 90•00•00• A DISTANCE OF 136.00 FEET TO THE TRUE POINT or BEGINNING, <THIS PARCEL CONTAINS 0.827 ACRES, MORE OR LESS>. 4 of 9 ~------. • t .. • • 0 l • - - • ,.. . " • r • f~CCL..J2, COMMENCING AT THE TRUE POINT OF BEGINNING OF EXCEPTION C ABOVE.I THENCE CONTINUING 'w'ESTERL Y ALONG THE NORTH LINE OF" EASEMENT DESCRIBED IN EXCEPTION B ABOVE A DISTANCE OF" 323.00 FEET TO A POINT 'w'HlCH IS THE TRUE POINT IF BEGINNING OF THIS EXCEPTION, THENCE CONTINUING 'w'ESTERLY ALONG SAID NORTH LINE A DISTANCE OF 129.00 FEET TO A POINTJ THENCE NDRTHERL Y ON AN ANGLE TO TH£' RIGHT OF 90"00'00' A DISTANCE CF 136.00 f'EET TD A POINT, THENCE EASTERLY ON AN ANGLE TD THE RIGHT IF 90"00'00' A DISTANCE IF 129.00 f'EET TD A POINT1 THENCE SDUTHERL Y ON AN ANGLE TD THE RIGHT Of' 90"00'00' A DISTANCE IF 136.00 f'EET TO THE TRUE POINT Of' BEGI~ING <THIS PARCEL CONTAINS 0.403 ACRES. MORE DR LESS>. 5 of 9 • < •. .. • • C '~~xi • • • PARCEL E, COtMENCING AT THE S'w' CORNER OF" THE ABOVE DESCRIBED SECTIDN 34, THENCE NCRTHERL Y ALONG TH£ \{£ST LINE OF' SAID SECTION 3'4 A DISTANCE [F 73.00 F'EET TD A PCINT ON TH£ NORTH LINE CF' THE EASEMENT DESCRIBED IN EXCEPTlllN B ABOVE, THENCE EASTERLY ON AN ANGLE TD THE RIGHT OF' 90•07•26• AND AL.DNCi TH£ SAID te:RTH LIN£ A DISTANCE OF' 668.03 F'EET TD A POINT \{HICH IS TH£ TRl.C POINT OF' BEGINNING, THENCE CO,,TINUING EASTERLY ALONG TH£ SAME COURSE A DISTANCE OF' 122.12 F'EET TD A POINT, THENCE tGTH£RL Y ON AN ANGLE TC TH£ LEF'T OF' 90~· A DISTANCE OF" 142.38 F'EET TC A POINT, TH£NCE \{(STERL Y DN AN ANGLE TD TH£ LEF'T OF' 89-SO'tO• ALONG A LINE PARALLEL TD TI£ ABOVE DESCRIBED NORTH LINE A DISTANCE or 122.12 F'EET TD A POINT, TH£NCE SDUTH£RL Y ON AN ANGLE TC THE LEF'T Dr 90•09•50• A DISTANCE CF' 1'42.38 F'EET TD TH£ TRUE POINT CF' BEGINNING, EXCEPT PARCELS 1-6 AT BOCK 1714, PAGE 338. <THIS PARCEL CONTAINS 0.396 ACRES, HORE DR LESS>. 6 of 9 • < •, .. • • • ]- • • .. ]- • • • 7 Of 9 0 '32xl - - • . ,. • ---· .. ---·----------· --. . -PARCEL K, THE FDLLO\o/ING DESCRIBED PAP.CCL 2.5 F"CET JN 'JIDTH. TC!-'JIT, CDHHENCING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED SECTION 341 THENCE NDRTHERL Y ALCNi THE WEST LINE CF SAm SECTION 34 A DISTANCE Or 68.00 FEET TO A POINT ON THE tOTH LINE or \JEST HAMPDEN AVENU[ CAS IT EXISTED PRIOR TD THE GRANTS OF EASEfE:NTS IN INSTP.UMENTS RECDROC.J IN BODK 1714 AT PAC"£!; 41?.. 423. 426 AND 429>, THENCE ON AN ANGLE ra '!HE RIGHT Or 90"07'26· AND Al QN(j $AID li:JR nt LIN£ A DIS1 ANCE OF" 94S.65 FEET 10 A POINT Cli THE \JEST LltJE Ll• t::LA Tl STP.(ET1 THENCE OM AN ANGLE TD THE u:n OF" 90•09•50• AND ALONG SA[D VEST LIN£ A DISTANCE OF 144.88 FEET TO TH£ TRUE POINT OF BEGINNING, Tl-ENCE CONTINUING ALONG SAID VEST LIN£ A DISTANCE D• 2.50 FEET, THENCE ON AN ANGLE TO TH[ u:rr or 99•50·10· AND ALONG A !..IME PARALLEL TC THE SAID NORTH LINC CF \JEST t-iAHPDEN AVENUE A DISTANCE CF 155.50 rEET, THENCE ON AN ANGLE TC THE LEFT Of" 90•09•50• AND ALDUG A LIN( PARALLEL TO SAID \JEST LltlE C!=" ELATJ STREET A DISTANCE CF" 2.50 FEET TD TH( NORTH\JEST CORNER er THE PARCEL OF REAL PROPERTY CONVEYED BY THAT CERTAIN SPECIAL \JARRAtlTY DEED DATED JAUUARY 26, 1967 AND RECORDED IN BOOK 16% AT PAGE 49 OF THE ARAPAHOE COUNTY. COLORADO REAL PROPERTY RECORDS, THENCE ON Al~ AtJGL( m THE LEFT AND ALONG THE NCRTH LINE CF THE PARCEL OF" PEAL PROPERTY CC!N VEYED BY !:AID SPECIAL \JARRAIHY DEED A DI~TAl'ICE OF" 155.50 F"E[T TC THE PCitiT or BEGitlNING. (THIS PARCEL comAHJS 0.009 ACRES, MORE OR LESS). 8 of 9 ' ' .. . ' •. • • 0 1 ..,.,,. ,, I • • • . ' .JtlSLir,I ~A.RCEl.• COMMENCING AT THE SIJ CORMC:R Of" SECHON 3•, TC'w'N'.;HlP • SOUTH. RANGE 68 \JEST or THE 6 TH P.MJ 'THENCE NORTHERLY ALONG THE 'JEST LINE Of" SAID SECTIC!tJ ~. A DISTANCE Of" 68.00 FEET TC A POINT - CN THE NORTH LINE Of" \JEST HAMPDEN AVCNUEJ THENCE (ASTERL Y AL!Ni Tl£ SAID NORTH LINE A DISTANCE Of" 9'45.6S F'EET 'TC A PCINT1 THENCE NIJRTHERL Y CN AN ANGLE TC THE LEFT CF 9CnJ9~• ALONG THE \JEST RIGHT-DF-'JAY LINE []f" SOUTH ELAT! STREET. A DISTANCE CF" 48S.52 f'"EET TC A POINT, THENCE NORTH\,ESTERL y DN AN ANGLE TC nc LEF"T or 4S-S1'40' A DISTANCE CF' 48.33 F'EET '!1J THE TRUE POINT OF" BEGINNING THENCE CONTINUING NCR:H\Jr.::TERLY ALDNCi THE SAHE couR:.E. A DISTANCE OF" S6.25 FEF:T TO A POINT, THENCE NORTHEAST£RL Y 01'1 A~I ANGLE 70 THE RIGHT CF 90•00• A DISTANCE Of" 64.00 F"EET TD A POINTJ Ti-1ENCE NORTHw'ESTERL Y CN AN ANGLE TD THE LEF'T CF 90•00• A DISTANCE OF" 136.00 f'"EET TD A POINT <SAID PC!INT BEING ALSO 0.75 F"EET SOUTHEASTE:RL Y f"RCM THE CENTER Cf" COLUMN LIN£ T AND 1.00 Ft-ET NCRTHEASTERL Y F'RC~ THE CENTER Cf" COLUMN LIM: 54 Cf" THE BUILDltlGS AND IMPROVEMENTS ERECTED AND MO'w BEU:G ERECTED BY CAPITAL ALLIANCE CC11PANY)J THENCE SCUTH\JESTERL Y ON AN ANGLE TD THE LEF'T Of" 90•00· ALONG A LINE 'JHICH IS 0.75 FEET SOUTHEA:OTER:.. Y f'"ROM AND PARAL'....EL TD SAID COLUMN LINE T. A DISTANCE OF" 278.83 FEET TC A PCINT1 THENCE SCUTl£ASTERL Y DN AN ANGLE TD THE LEF"T Cf" 90•00· A DISTAIJCE OF l9c?25 FEET TC A PCINTJ THENCE NORTHEA'..TERL Y ON Ml ANGLE TC THE LEFT Of" 90•00• A DISTANCE OF" 214.83 FEET TO THE TRUE POINT OF BEGDIMNG. CONTAINING AN AREA OF 1.148 ACRES. MORE DR LESS. 9 of 9 -------------' .. .. • • 0 • "' -. ' -• . • - •· • 0 - • ORDINANCE NO._ SERIES OF 1998 • • - ,. BY AUTHORITY COlJNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER NABHOLZ AN ORDINANCE AUTHORIZING THE LEASE OF AN OFFICE LOCATED AT 11 WEST HA.vlPDEN AVENUE TO BE USED BY THE ENGLEWOOD NEIGHBORHOOD AND BUSINESS DEVELOPMENT DEPARTMENT AS A BUSINESS DEVELOPMENT FIELD OFFICE. WHEREAS, the City Council of the City of Englewood adopted the South Broadway Action Plan by the passage of Resolution No. 51, Series 1997; and WHEREAS, the South Broadway Action Plan identified the opening of a Business Development field office ; and WHEREAS, Council has consistently cited economic development, including business retention, redevelopment of commercial areas/corridors, and the implementation of the South Broadway Action Plan as Council priorities; and WHEREAS, with the pa1111qe of thia Ordinance the Englewood Department of Neighborhood and Buaineu Development wtll open a BuaineN Development field office for a twelve (12) month penod; and WHEREAS, this location aa central to the buamHII area of the City and provides an opportunity to try a new and cldlerent ent:repreneunal approach to aervice delivery and community outreach; and WHEREAS, the field o8ice will cruce a ~ cmimwuty preeenoe for implementing Council pohcy on a.,ar a.-dwa ...deVtiCJPment iNUH as well as providing a highly viatble eb09 o( a-wdWent Enc}ewood merchants ; NOW, THEREFORE, BE IT ORDAINED BY THE cm· COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOU.OW · Section 1. The City CoUDCLI aC the Caty of Englewood, Colorado hereby authorizes the Buainess Leue for 11 WHt Hampden Avenue to be uaed by the Englewood Neighborhood and 8U81De88 Development Department u a buaineae development field office , a copy of wluch 18 marked u "E:dub1t A• and attached hereto. Section ? . The Mayor and City Clerk are hereby authorized to •i.cn and attest said Lease on behalf of the City of Englewood . Introduced, read in full , and puaed on first reading on the 6th day of July, 1998. • I - . , - 10 b vi •· • 0 I - ]- • • • (. Published as a Bill for an Ordinance on the 10th day of July, 1998. Read by title and passed on final reading on the 20th day of July , 1998. Published by title as Ordinance No .~ Series of 1998, on the 24th day of uly , 1998. Thomas J . Burns, Mayor A'M'EST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing ia a true copy of the Ordinance passed on final reading and publiahed by title as Ordinance No . ~ Series of 1998. Loucri.shia A. Ellis -2- . . • . .. •· • 0 - • • • 0 - BUSINESS LEASE for I~ 11 W. Hampden Avenue ,. - THIS LEASE is made this 15111 day of July, 1998, between Wolf Land Development, UC (the "Lessor") and City of Englewood (the "Lessee1. In consideration of the payment of the rent and the performance of the covenants and agreements by the Lessee set forth below, the Lessor does hereby lease to the Lessee the following described premises situate in the County of Arapahoe, in the State of Colorado; the address of which is: 11 West Hampden Avenue, Englewood, Colorado 80110; portions of Lots 25 and 26, Enwood Addition , City of Englewood , County of Arapahoe. TO HAVE AND TO HOLD the same with all the appurtenances unto the said Lessee from twelve o'clock noon on the 15th day of August, 1998 and until twelve o'clock noon on the 15th day of August, 1999, and for a rental for the full term of $19,200 payable in monthly installments of $800, on or before twelve o'clock noon on the 1st day of each calendar month during the term of this lease at the office of the Lessor at Wolf Land Development UC, 11 W•t Hampden Avenue, Suite L100, Englewood, Colorado 80110 without notice . Payment will be based upon funds appropriated on a yearly basis by the Lessee. The Lessee, in consideration of the leasing of the premises agrees as follows: 1. To pay the rent for the premises described above , to keep the improvements upon the premises, including sewer connections , plumbing, wiring and glass in good repair, all at Lessee's expense, and at the expiration of this lease to surrender the premises in as good a condition as when the Lessee entered the premises , loss by fire , inevitable accident, and ordinary wear excepted . Lessee will pay a Common Area Maintenance Fee (CAM) in the amount of $25 .00 due and payable to Lessor monthly in addition to the monthly rent payment. Said fee will be adjustable yearly to cover the costs of snow removal and maintenance on all sidewalks on and around the premises and to keep the entire exterior premises free from all litter, dirt, debris , and obstructions ; to keep the premises in a clean and sanitary condition as required by the ordinances of the city and county in which the property is situated . Lessee to carry necessary contents insurance and to hold lessor harmless from expenses incurred due to loss of said contents. 2 . To sublet no part of the premises, and not to assign the lease or any interest therein without the written consent of the Lessor . 3 . To use the premises only as a business office and to use the premises for no purposes prohibited by the laws of the United States or the State of Colorado, or of the ordinances of the city or town in which said premises are located, and for no improper or questionable purposes whatsoeYer , and to neither pennit nor suffer any disorderly condud, noise or nuisance having a tendency to annoy or disturb any persons occupying adjacent premises . ' a X .. I • I T A t ---' . . r! '"' ~ • . ,; •· • ' ]- • • 0 , . • 4 . To neither hold nor attempt to hold the Lessor liable for any injury or damage, either proximate or remote, occurring through or caused by the repairs, alternations, injury or accident to the premises, or adjacent premises, or other parts of the above premises not herein demised, or by reason of the negligence or default of the owners or occupants thereof or any other person, nor to hold the Lessor liable for any injury or damage occasioned by defective electric wiring, or the breakage or stoppage of plumbing or sewerage upon said premises or upon adjacent premises, whether breakage or stoppage results from freezing or otherwise; to neither pennit nor suffer said premises, or the walls or floors thereof, to be endangered by overloading, nor said premises to be used for any purpose which would render the insurance thereon void or the insurance risk more hazardous, nor make any alterations in or changes in upon or about said premises without first obtaining the written consent of the Lessor to place a "For Rent" card or sign upon the leased premises at any time after sixty (60) days before the end of this lease. Lessor will name Lessee as additional insured on their business liability policy which must be a minimum $1 million and a copy of said policy must be forwarded to Lessor and updated yearly. 5 . To allow the Lessor to enter upon the premises at any reasonable hour. 6 . To pay all charges for water and water rents and for heating and lighting of the portion of the building in which said premises are located. 7 . It is further agreed that No assent, expressed or implied, to any breach of any one or more of the agreements hereof shall be deemed or taken to be a waiver of any succeeding or other breach. 8 . If, after the expiration of this lease, the Lessee shall remain in possession of the premises and continue to pay rent without a written agreement as to such possession. then such tenancy shall be regarded as a month-to-month tenancy, at a monthly rental, payable in advance, equivalent to the last month's rent paid under this lease , and subject to all the terms and conditions of this lease. 9 . If the premises are left vacant and any part of the rent reserved hereunder is not paid, then the Lessor may, without being obligated to do so, and without terminating this lease , retake possession of the said premises and rent the same for such rent. and upon such conditions as the Lessor may think best, making such change and repairs as may be required , giving credit for the amount of rent so received less all expenses of such changes and repairs , and the Lessee shall be liable for the balance of the rent herein reserved until the expiration of the term of this lease. 10 . The Lessor acknowledges receipt of a deposit in the amount of $800 to be held by the Lessor for the faithful performance of all of the tlltnns , conditions of this lease . The Lessor may apply the deposit to cure any default under the terms of this leae and shall account to the Lessee for the balance. The Lessee may not apply the deposit hereunder to the payment of the rent reserved hereunder or the performance of other obligations . • ;- • . I· • e f -• • • '· 11. If any part of the rent provided to be paid herein is not paid when due, or if any default is made in any of the agreements by the Lessee contained herein, it shall be lawful for the Lessor to declare the term ended, and to enter into the premises, either with or without legal process, and to l'8fflOY8 the Lessee or any other person occupying the premiseS. using such force as may be necessary , without being liable 1D prosecution, or in damages therefore and ID repossess the premises free and clear of any rights of the Lessee. If, at any time, this lease is terminated under this paragraph, the Lessee agrees ID surrender the premi1es to the Lessor inmediately upon termination, and if the Lessee remains in possession of the premises, the Lessee shall be deemed guilty of forcible entry and detainer of the premises, and waiving notice, shall be subject ID forcible eviction with or without process of law. 12. In the event of any dispute arising under the 1llnns of this lease, or in the event of non-payment of any sums arising under this lease and in the event the matter is turned over to an attorney, the party prevaiHng in such dispute shall be entitled, in addition to other damages or costs, to receive rusonabte attorney's fees from the other party. 13. In the event any payment required hereunder is not made within ten (10) days after the payment is due, a late charge in the amount of five percent (5%) of the payment will be paid by the Lessee. 14. In the event of a condemnation or other taking by any governmental agency, all proceeds shall be paid ID the Lessor hereunder, the Lessee waiving all right to any such payments. 15 . This lease is made with the express understanding and agreement that in the event the Lessee becomes insolvent or is declared a bankrupt, then, in either event the Lessor may declare this lease ended, and all rights of the Lessee hereunder shall terminate and cease . 16 . THIS LEASE shall be binding on the parties, their personal represe ilatiw,s, successors and assigns . 17. The City shall have the option ID ntnew this leaN for an additional twelve months at the rate set forth above. LESSOR: LESSEE: \NOLF LAND DEVELOPMENT LLC CITY OF ENGLEWOOD By: _______ _ By:---------- Thomas J. Burns, Mayor AOOITJONAL PROVISIONS : If applicable , ... altac:hed and initial here: ----- ATTEST: Loucrisfila A. Ellis, city Clerk • • , ]- • • • <. Addendum fD Leae A.....-,t ,-..,. a.y olEnglawaad 8u1 ·n .. o.wloplnMt and Wolr Land O.W..,.111Mt LLC It is further agreed that WoAf Land 0..1lapment wil make improWlnWdS lo the lease space to provide a reception arN, two office 1pace1 and a c::onfllrelice room at a cast not to exceed $3,970.00. Said cast to be paid by L.eaee upon complalian. Lmw is to work with WoAf Land Oellelapment to keep c:mts wilhin the speciftad budgels below. WOLF LANO DEVELOPIENT LLC CITY OF ENGLEWOOD By:-------- 6-1-98 PT9llminary Estimate for Improvements for Offlce Space 1 . Demo, hauling and general labor 2. Eleclrical 3 . Electrical fixtures (3 troughers) 4 . Framing, drywall and dropped ceiling 5 . ~lass and interior trim (labor and materials) 6. Paint 1 . carpet and pad S 250.00 470.00 200.00 850.00 750.00 400.00 1.050,00 S 3,970.00 6' - . ' • , . .. ,, • • 0 I -• • - COUNCIL COMMUNICATION Date Agenda Item Subiect Approve Purchase of Sand/Salt July 20, 1998 10ci Storage Structure Initiated By Public Works I Staff Source Char1es Esterly, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council previously approved the purchase of a sand/salt storage structure through the Frve Year Capital Plan . Referto 1998 budget. RECOMMENDED ACTION Approval to award bid for construction of a sa~salt dome facility at the Servicenter in the amotmt of $74,475.00. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The sand and salt products used for street sanding operations are currently stored at the Servicenter in metal buildings or on pads. Over the years, the salt has caused a reaction to the walls of the metal buildings, deteriorating the integrity of the structures. The new domed structure would provide storage with concrete walls to keep the sand and salt dry and usable during the winter months. FINANCIAL •PACT Two bids were received for construction of the sand/salt storage structure for 1998: Bulk Storage, Inc. Dome Corp. of America $86,921 .00 $74,475.00 $96,600.00 has been budgeted in the Senlicenler Food for this project. UST OF ATTACHMENTS Bid Tabulation Sheet .. I. . 0 ~ ~ I,.) - City of Englewood Bid Tabulation Sheet Bid Opening D1ta: June 19,1Nl 10:001.m. Bid 11am: Sand/Slit Storage Structure Vendor 8"'* SfDnlge, Inc. 11101 S. Y.,_ An. ...,..,,.ICN01 ,,_.. Co,p. ol AIINrlc• "" .,,., ....., -, ML,.,.,, ~--SfDnl9e TecltnoloflY, Inc. -~ ,,.,,., ....., .... #Y14I01 . ' 0 • NUMBER OF GUARANTEED YEARS 2YEARS 1 YEAR8LDO, I YEAR ROOF #IICLUDff IIATMAL & LA80R NO RESPONSE Total Exception•: NONE· 810 BOND INCLUDED· NO STA TE•ENTS THEY 810 TO EXACT .... ,21 .00 REQUIREMENTS OF Sl'eqlFICA TIONS OR ITEIIS WILL SE DELIVERED IN ACCORDANCE TO REQUEST FOR 810 . NONE $74,471.00 8IO BOND INCLUDED SEE ATTACHED FOR OPTIONS Pagel SANO .SALT STORAGE .TAB , ....... r I . • I .. • Ir. ' -• • - COUNCIL COMMUNICATION Date Agendaltem Subject July 20, 1998 -.1 Codification Services Initiated By Staff Sources Frank Gryglewicz, Director of Financial Services City Clerk's Office Loucrishia A. Ellis, City Clerk COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City's ordinances were initially codified in 1962, recodlfied in 1969 and 1985. RECOIIIIENOED ACTION A recommendation from the City Clefk's Office lo approve, bV motion, canlrllct wltl Munlciplll Code Co,poralian for coclficalion NrVica. The ww:es offered by Municipal Code Corporation, as outlined in the Request for Proposal (RFP), have been deemed to be the most advantageous to the City of Englewood. BACKGROIN>, ANALYSIS. AND ALTINeATIVD IIENTFED The El iglNood Municipal Code 1• is in need al ~ and users have slnssad the need to have the Code available on-line and on lie lnlamet. It has become apparent that la8f'S ant upe1iel1Cing many problems in acc111ing the Code. The document is aJfflber9ome and many al tlle Codes have not been maintained wilh supplementation. The RFP for Codification Services Nt forth the following scope of services: ., Convefting the existing City al Eliglewood Home Rule Charter and Municipal Code (EMC 85) into a compullr-bMed format J Re-formatting the existing City al Eligleuuood Home Rule Charter and Municipal Code ., Supplementation Service Funds are budgeted and available. RFP's were sent to four (4) vendors and low (4) bids..,. receiwd. Bids were opened on June 10, 1998. Costs as set forth on the Bid Propoaal Tlbullllion . UST OF ATIACtaBffll Bid Proposal Tabulation • . • • • 0 I • . ' ]-• • , . • BIO PROPOSAL TAIIUlA110N -..---. c-..c.. -lpelC.. ............ ~ ,..,.,._,, ~ --0,. --~ P.0 .-ZUI --A--JNW . .....,.. r-----~WAllf• -•z -JUfl --· _, __ R.~CO -zu.an __ ,_ ---.m ... ...,.co ... ..___ -.....-. ...,. __ -·------ptalllllt-lf ,_ 11,-.m,.,_. ...__ 11 ......... a::, ___ ,_ ---· --... ....... ., n..lllrlZIO _....,. ... ,...-.. ........ aiaw WI ltld.aol ·--1-••a6 1 I •..: .. .. ... , ,. A Cootper-lopnnl--122.00 11100 122.00 121 00 .... ,1, ............. ""'-· porpoge. .,. __ ,., __ No-geto, No~tor Noct,-to, No~tor ------------B. Coot al pr-.g ,.-$50.00 11,0 1130.00 1,~.00 ~In --por lUIJINl'WII ... _ ---.... ...-to'""" .. -............ -.... ..--S50perM1 1or __ ., -C.Cootal--ol -oo I .O!i -oo 1111111111 c-,c_ ,.....,. pr-., 11 ,.,_ ,.,...,_ por copy ,.,_, --· <--•01 --------0..-..... --... .... . ..,. ... ..,. ~ ... JO ...... ..,. ........... E-..-al..-.--ol 1140 00 ... oo •oo S-OOper -.-.. .....--... -... -... -... --____ .......... __ _ _,_ ~-ca,,,. -. ... 12ao,. 1200por ----Cly (-17S.llllpor--.._._ ..... .._,...,._ .. .......... .. ,2, .......... ........ ........ -.. ...... ~-~-~-......... ...,.._ ........ ........... ~-...., .. ...., .. ...., . ...,..._ _, _, _, ...., .. -I F Coot., ........ C-•-.... Im 110 I 07 ---·...-... _ ,.,...,_ ... _ ,.,...,_ .. (-IUll10) ,o-· l .05!lpor --W 11111- • G Coot.,,.-._..,.....,_ IIOOO llllllll IOI 110 -~ ... -...-... IO!i ,.,_ --,.,_ __ .. <--101 ......... -.-F - • • • • 0 ,_ I - • • • • 0 t• • COUNCIL COMMUNICATION Date Agenda Item July 20, 1998 10c iii Initiated By Staff Sources "' - Subject Award Contract for Santa Fe and Hampden Ave. Landscape Maintenance Parks and Recreation Jerrell Black, Director of Parks and Recreation Dave Lee, Manager of Open Space COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved a contract for the installation of Landscaping on South Santa Fe and West Hampden Ave . by Motion on October 7, 1996. RECOMMENDED ACTION Staff recommends Council award, by motion, a maintenance contract in the amount of 154,860.00 to Schultz Industries, Inc. for .. Soulh Santa Fe Dr. and Hampden Ave. Landecape Maintenance." Staff has reviewed the qualifications of the low bidder, Schultz Industries, Inc., and finds them acceptable . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Cities of Englewood, Sheridan, and Littleton identified the need to enhance improvements along the South Santa Fe Corridor. The "Tri Cities" group was formed to implttment these improvements. The first phase of landscaping installation was completed in August, 1997. A one year maintenance period, ending August 4, 1998, was included as part of the initial installation. Staff discussed the feasibility of performing the maintenance with in-house forces. The intense traffic control requires a staff of 10-12 workers to complete the maintenance activities in a timely manner (typically one day per week). Using in-house staff requires hiring additional employees or performing maintenance activities throughout the week. Traffic control is a major cost and an inconvenience to the traveling public requiring the maintenance be performed as quickly as possible. Private contractors are staffed to perform this type of maintenance . FINANCIAL IMPACT Three contractors purchased plans and specifications for this project. One bid was received and opened on June 25, 1998 as detailed in the attached Bid Proposal Tabulation. The Engineer's Estimate, prepared by Public Works staff, is $61,489.00. Staff contacted four large landscaping firms to spark interest in the project. These contractors are very busy and declined to bid the project . Approximately 60% of the landscaping Is located within Sheridan City Limits. Staff has negotiated an Intergovernmental Agreement with the City of Sheridan to share costs associated with this maintenance . Adequate funds are available within the approved budget. UST OF ATIACHMENTS Bid Tabulation - • . . .. •· • 0 ]- ]- • • • • SOUTH SANTA FE DR. AND HAMPDEN A VE. LANDSCAPE MAINTENANCE 1998-99 1 2 3 .. s 8 BID PROPOSAL TABULATION JUNE.25, 1 ... Bidder' Plan Holder _ ... llond ~·Eatimata 181,419.00 CUSTOM LANDSCAPES SCHULTZ INDUSTRIES $54,850.00 y OZARK SERVICE LOWBIDDER: SCHULTZ INDUSTRIES, INC. ........ . ' • . • • 0 l --• • 0 . ' • COUNCIL COMMUNICATION Date Agenda Item Subject Ordinance Amending, Re- creating, and re-establishing July 20, 1998 11 a i Paving District No. 38 Initiated By Department of Public Works I Staff Source Charles Esterly, 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, and Ordinance No. 34, 1997, creating Paving District No . 38. RECOMMENDED ACTION Staff seeks Council approval of an ordinance amending, re-creating, and re-establishing Paving District No . 38 . 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, have reflected highly inflated costs in the construction industry, driven by labor shortages and cement shortages, that have caused concrete unit prices to increase approximately 50% over the past 18 months. These increased costs would 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 believes that it is necessary to amend Ordinance No. 34, 1997, that created Paving District No. 38 to address the actual costs associated with the construction of Paving District No. 38. Staff asks for approval of the ordinance amending, re-creating, and re-establishing Paving District No. 38 on first reading July 20, 1998. Staff recommends a Public Hearing on the ordinance 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, staff uka Council to vary from lta normal procedure and also consider approval of the ordinance on final raadlng at the Auguat 17, 1998 Council meeting. Such a variance would allow for award of a construction contract at the September 20, 1998 meeting and precipitate six to eight weeks of productive construction on the project in 1998. The balance of work would be completed in the Spring of 1999. The low bidder, Concrete Works of Colorado, has agreed lo this amended construction schedule . ..... •· • 0 , ]- • • • • '· FINANCIAL IMPACT Paving District No. 38 is scheduled for construction during the fall of 1998 and spring of 1999. Funding for the City's portion of the project, in the amount of approximately $730,000 of which currently $520,000 is budgeted in the 1997 and 1998 PIF . The assessment total will be approximately S868,888 $900,000 which includes legal fees, contingencies, etc ., bringing the project total to $1,988,888 $1,630,000. An additional appropriation of $210,000 from the PIF is required to proceed with this project. UST OF ATTACHMENTS Council Bill No . 38, Series of 1997 Proposed Bill for an Ordinance ------' . ' • . • • f __ . I • • • • ORDINANCE NO. 34 SERIES OF 1997 BY AUTHORITY • COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBER WIGGINS !lt1i AN ORDINANCE GR&t.!FINQ AMENDING PAVING DISTRICT NO. 38, IN THE CITY OF ENGLEWOOD, COLORADO; ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB, GU'M'ER, SIDEWALK, AND STORM DRAINAGE IMPROVEMENTS, TOGETHER WITH NECESSARY INCIDENTALS; AND SETI'ING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT. WHEREAS, the City Council of Englewood, Colorado pursuant to the Charter, Chapter 2 of Title 11 of the Municipal Code of the City, and laws of the Stste of Colorado, heieli, ill.ii.a FOUND and 4elel'IBiaee DETERMINED that there exists a necessity for the creation of Paving Diatrict No. 38, in the City (the "District"), and the construction and imtallat;ion of street paving, curb, gutter, sidewalk, and storm drainage improvements, together with neceuary incidentals, within the Diatrict; and W-H8118A8, lhe Gi., Ge ·1 hae alelel'llliaeal '8 preeeeal 1fflh the ereetiea ef lhe 9iet!Piet .... lhe ee......._ ef the impro, emeate withitl '-9iel'Piet. ae tle8el'il,etl in Reeeh1tiea Ne. 49 , Serie, ef 199;, pweal 11M eaiepleal 1,, lhe Git, o,-eil Ill Mereh 1;, 199;, .~JB WHEREAS, THE CITY COUNCIL DESIRES TO AMEND ORDINANCE NO. 34 , SERIES OF 1997 WHICH WAS PASSED IN MAY, 1997 WHICH ORIGINALLY CREATED PAVING DISTRICT NO. 38; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $es;tigp l RE.crvston p( the Djagdqt. That • apecial improvement diatrict, PA VINO DISTRICT NO. 38, for the remonl and replacement or new conatruction of the improvementl hereinafter dHc:ribecl, ii hereby-Nai eM e11el,Ji1heal RE-CREATED AND RE-ESTABUSHED in accordance with the City Charter, Chapter 2 of Title 11 of the Municipel Code al the City, and the Jaw, of the State of Colorado, and ,hall be known and deeipated u "PaviDC Diatrict No. 38". All proceedinp, heretofore taken and adopted in connection with the Diatrict are hereby ratified, approved, and confirmed. Ses;t,iqp 2. Rncl-dPI Plene ... 8elfi0ee&tene. That the AMENDED enpneer'1 reporta, tosether with the praP-· ., detaila, apecificationa, Ntimatea of coat, mapa, and achedulea attached or appended to aaid reporta, are hereby approved and adopted. 5c<;tioo a. Qiur:k;t Rqypden, The Diatrict aball be located within the corporate hmitl of the City and 1hall be compriNcl al all of the real property acljacent to which the curb, ptter, nclewalk and pavinc do not meet City ltandarda , which real property may be ~ with the coat al the improvemeata. A liat containiq the a~ al aaid real property ii attacbed hereto u "kbibit A.• -1- ,I • • , ]- • • • ORDINANCE NO . 34 SERIES OF 1997 • 0 • BY AUTHORITY I• COUNCIL BILL NO . 38 INTRODUCED BY COUNCIL MEMBER WIGGINS !la.i AN ORDINANCE CREATING AMENDING PAVING DISTRICT NO . 38, IN THE CITY OF ENGLEWOOD , COLORADO ; ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB, GUTTER, SIDEWALK. AND STORM DRAINAGE IMPROVEMENTS , TOGETHER WITH NECESSARY INCIDENTALS; AND SETTING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT. WHEREAS, the City Council of Englewood, Colorado pursuant to the Charter, Chapter 2 of Title 11 of the Municipal Code of the City , and laws of the State of Colorado, l,ereh) fm«ie FOUND and iiderminee DETERMINED that the.re exists a necessity for the creation of Paving District No . 38, in the City (the "District"), and the construction and installation of street paving, curb, gutter, sidewalk, and storm drainage improvements, together with necessary incidentals, within the District; and WHEREAS , the Cit, Cemtei:I h111! iietermineii ti! preeeeii nith the ere11tten efthe Bistriet anii the eeftl!tl"lletien efthe imp re. ementl! w itmn the Biatriet, 118 iieeeriheii in Reseh1tten ~1e. i8, Serie I! ef 1997, p118aeii 11nd adepted e, the Cit, Cemleil en Mareh 17, 1997, A'NB WHEREAS, THE CITY COUNCIL DESIRES TO AMEND ORDINANCE NO . 34 , SERIES OF 1997 WHICH WAS PASSED IN MAY, 1997 WHICH ORIGINALLY CREATED PAVING DISTRICT NO. 38 ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Sectjon I RE-Crcetigp g( the Dinrict. That• special improvement district, PA VI NG DIST RI CT NO. 38, for the removal and replacement or new co1111truction of the improvements hereinafter described, is hereby ereated anii eaeahlieheii RE-CREATED AND RE-ESTABLISHED in accordance with the City Charter, Chapter 2 of Title 11 of the Municipal Code of the City , and the laws of the State of Colorado , and shall be known and designated as "Paving Diatrict No . 38". All proceedings , heretofore taken and adopted in connection with the District are hereby ratified, approved, and confirmed . Section 2. EoJioceripg fl•o1 and SpcciQcatigp1 . That the AMENDED engineer's reports, together with the preliminat>, details, specifications , estimates of cost, maps , and schedules attached or appended to said reports, are hereby approved and adopted . Sectjon 3. Di1trict Bgupdary. The District shall be located within the corporate limits of the City and shall be comprised of all of the real property adjacent to which the curb, gutter, sidewalk and paving do not meet City 1tandard1, which real property may be assessed with the cost of the improvement&. A list containing the addreuea of said real property is attached hereto as "Exhibit A." -1- •• ,,, - • . I· • 0 , xi -• • • Section 4. Description of Improvements . (a) The proposed District shall include all of the real property fronting or abutting on the street between the termini hereafter described, including the real property within one-half (1/2) block of such streets and avenues . Adjustments for the assessment of costs will be made for irregular and odd-shaped lots and parcels of property. (b) The improvements t.o be constructed or installed a.re as follows: (1) Necessary grading and excavation, with 8" compacted gravel base course and 3" asphaltic concrete surface, concrete walks, curb Qn W. Radclift' Ave . W. Stanford Ave. W. Thomas Ave . S. Beverly Dr. S . Garden St. S . Windermere St. W. Prentice Ave . and gutter where not already installed or not meeting City standards; t.ogether with appurtenances and incidentals on the following streets and avenues: from S . Winde.rmere St. Cul-de-sac±~ 360' E . of Navajo S . Windermere St. Cul-<le-sac ± 330' E. of Navajo S . Windermere St. S . Garden St. W. Tufts Ave . W . Thomas Ave . W. Thomas Ave . Cul-de-sac± 220' S. of Thomas Ave. W. Quincy Ave . W. Tufts Ave . S . Windermere S. Hickory Lane (2) Necessary grading and excavation, with 6" compacted gravel baae course and 2" uphaltic concrete aurfac:e , concrete walks, curb Qn and gutter where not already i.mtalled or not meeting City standards; together with appurtenanoea and incidentala on the following streets and avenues: from To S . Emerson St. E . Girard Ave . E . Hampden Ave . Qn (3) Necessary grading and excavation, with concrete atnet paving; together with appurtenances and incidentala on the following streets and avenues: from ~~I~o.._~~~~- W. Jefferson Ave . S . Cherokee St.Alley E . of Cherokee (c) Prior t.o the removal and replacement or new conatruction of the improvements within the propoeed di1trict, affected property owners will be allowed a specified time period in which to have Aid improvements removed and replaced or conatructed on their own initiative. (d) The probable total coat of the improvements to be conatructed and i.mtalled within the Diltrict ii Sl,388,88811.110.IOO . -2- . , .. •· • 0 , I ] - • Paving: • 0 I • • (e) The probable amount of the total cost of said improvements which the City shall pay is approximately Sli28 ,888 1730,000. (f) The balance of the total cost which is not paid by the City will be assessed against the real property specifically benefited by the improvements. Probable costs per front or linear foot for said improvements are as follows : 40' width. 8" base. 3" asphalt 30' width. 8" base , 3" asphalt 24' width. 8" base. 3" asphalt 20' width. 8" base. 3" asphalt 32' width. 6" base , 2" asphalt S~52.00F.F. ~39.00 F .F . ~34.00F.F . $~25.00 F.F. $~ 33.00 F .F . Concrete: Monolithic curb , gutter & walk 6" Monolithic curb, gutter & walk 4" Vertical curb & gutter 8" Concrete "V" Pan 4 Ft. wide 8" Concrete Street Paving 4" Glll'h•allt I SIDEWALK 6" Glll'h11allt I SIDEWALK S~ 51.00L.F . $a&,9& 46.00 L .F . $~ 22.00 L.F . $23.50 L .F . $~68.00 F.F . $iH.88 b.F. 5.00 S .F . taa .88 b .F . 5.50 S .F . No assessments will be made for curbs, gutters, and sidewalks in place which conform with the plans and specifications for the proposed improvements and which are acceptable to the City. Property owners are specifically referred to the schedule of proposed assessments which will be on file in the Office of the Director of Public Works, from which the approximate amount to be assessed against any particular lot or parcel of property may be determined. Section 5. lmproyemcpy Aythorizod . The removal and replacement or new construction of the improvements deecribed above in and for the District, and as shown by the AMENDED plans, specifications, and maps AS approved and adopted by the City Council, is hereby authorized and ordered. The material to be used in the removal and replacement or new construction of said 1D1provement1 is to be IJl accordance with such plans, specifications, and maps. Section 6. At1111ment of Co1ta . The probable total cost of the improvements to be removed, replaced. or constructed within the District ia U ,a89.889 ll,630,000 ; it is propoaed that the City of Englewood will pay approximately iia8.988 1730,00 of said total coat. The balance of the total cost which is not paid by the City of Englewood will be asseSBed against the real property located within the District and specially benefited by removal and replacement or new construction of the improvements. The approximate amounts to be useued against said properties on a front foot . linear foot , or square foot baais s hall be u more particularly set forth in ~111h1,ie11 ~le . 18 , Seriee ef l88'i' THIS AMENDED ORDINANCE. SERIES OF 1998 ; said unit coats are incorporated herein by ti pecific reference . -3- • ... •· • 0 ' X • • I• ·~ • ... Sectjon 7. Payment o[ A11e11meott . The costs of the removal and replacement or new construction and installation of the improvements, less that portion which is paid by the City, shall be assessed by ordinance upon all the real property within the district based upon the benefit conferred by the improvements upon each parcel of realty within the district. If the assessment is not paid in full within the period of time set forth in the assessment ordinance, the amount and time of payment, and the rate and time of payment of interest shall be determined by the City Council as set forth in the assessment ordinance. Section 8. BeP110t1. The City Council hereby finds and determines that the improvements proposed to be removed and replaced or constructed will confer a special benefit upon the real property within the District and a general benefit upon the City as a whole . Section 9. Severability . If any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable. Sectjon 10. Repealer . All ordinances, or parts thereof, inconsistent or in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency or conflict. Sectjon 11. Publication and Effective Date. This Ordinance, after its final passage, shall be numbered and recorded, and the adoption and publication shall be authenticated by the signature of the Mayor and the City Clerk, and by the Certificate of Publication. At or about the time of publication of this Ordinance, a copy of this Ordinance shall be provided to tbe County AaaeBBOr and the County Treasurer of Arapahoe County and to the Division of Local Government in the Department of Local Affairs of the State of Colorado. Thia Ordinance ahall become etl'ective thirty (30) days after publication following final pauage. Introduced , read in full, and puaed on fint reading on the 5th day of May, 1997 . Publiahed as a Bill for an Ordinance on the 8th day of May, 1997 . Read by title and passed on final reading on the 19th day of May , 1997. Published by title as Ordinance No .~ Series of 1997, on the 22nd day of May , 1997 . Thomaa J . Buma, Mayor ATTEST: Loucrishia A. Ellis, City Clerk -4- .. • • 0 I ]- • ,.. • • <. "· I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No .~ Series of 1997. Loucrishia A. Ellis -5- ----~ ..... I . ' • .. • • 0 - - • ORDINANCE NO . SERIES OF 1998 • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO . 41 INTRODUC~COUNCIL MEMBER ,J ,L ..c AN ORDINANCE AMENDING PAVING DISTRICT NO . 38 , IN THE CITY OF ENGLEWOOD. COLORADO; ORDERING THE CONSTR UCTION AND INSTALLATION OF STREET PAVING . CURB. GUTTER , SIDEWALK. AND STORM DRAINAGE IMPROVEMENTS , TOGETHER WITH NECESSARY INCIDENTALS; AND SETTING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT . WHEREAS , the City Council of Englewood , Colorado purs uant to the Charter, Chapter 2 of Title 11 of the Municipal Code of the City, and laws of the State of Colorado, found and determined that there existed a necessity for the creation of Paving District No . 38 , in the City (the "District"), and the construction and installation of street paving, curb, gutter, sidewalk, and storm drainage improvements , together with necessary incidentals, within the District; and WHEREAS , the City Council desires to amend Ordinance No . 34, Series of 1997 which wa s passed in May , 1997 which originally created Paving District No . 38 ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY CO U NCIL OF THE CITY OF ENGLEWOOD, COLORADO . AS FOLLOWS : $ectjon 1 Re-creation ohhc Diatrict . That special improvement district, P aving District No . 38, for the removal and replacement or new construction of the improvements hereinafter described, is hereby re-created and re-established in accordance with the City Charter, Chapter 2 of Title 11 of the Municipal Code of the City , and the laws of the State of Colorado, and shall be known and designated as "Paving District No . 38". All proceedings, heretofore taken and adopted in connection with the Di strict are hereby ratified, approved , and confirmed . $ectjon 2. Epfipccrinc Plap• apd Specification•. That the amended e ngineer 's reports, together with the details, specifications, estimates of coat, maps, and schedules attached or appended to said reports, are hereby approved and a dop ted . $ect10n 3. Diatrjct Boundary. The District shall be located within the corporate lim it s of the City and shall be comprised of all of the real property adjacent to which the curb , gutter , sidewalk and paving do not meet City standards, which real property may be a sse ssed with the coat of the improvements . A list containing the addresses of s aid real property is attached h e reto a s "Exhibit A." -1- ,,,_ . ' • . .. •· • 0 , I -• • - .. Section 4. Description of Improvement,. (a) The proposed District shall include all of the real property fronting or abutting on the street between the termini hereafter described, including the real property within one-half (1/2) block of such streets and avenues . Adjustments for the assessment of costs will be made for irregular and odd-shaped lots and parcels of property. (b) The improvements to be constructed or installed are as follows: (1 ) Necessary grading and excavation, with 8 " compacted grave base course and 3" asphaltic concrete surface, concrete walks, curb On W. Radcliff Ave . W . Stanford Ave . W . Thomas Ave . S . Beverly Dr. S . Garden St. S . Windermere St. W. Prentice Ave . and gutter where not already installed or not meeting City standards; together with appurtenances and incidentals on the following streets and avenues: from S . Windermere St. S . Windermere St. S . Windermere St. W . Tufts Ave . W . Thomas Ave . W . Quincy Ave . S . Windermere Cul-de -sac± 360' E . of Navajo Cul-de-sac± 330' E . of Navajo S . Garden St. W . Thomas Ave . Cul-de-s ac± 220' S. of Thomas Ave . W . Tufts Ave . S. Hickory Lane (2) Necessary grading and excavation, with 6 " compacted gravel base course and 2" aaphaltic concrete surface, concrete walks, curb On and gutter where not already installed or not meeting City standards; qether with appurtenances and incidentals on the following 1treets and avenue,: From S . Emerson St. E . Girard Ave . E . Hampden Ave. On (3) Nece18ary grading and excavation, with concrete street paving; qether with appurtenances and incidentals on the following s treets and avenues: From To W . Jefferson Ave . S . Cherokee St. Alley E . of Cherokee (c) Prior to the removal and replacement or new construction of the improvements within the propoaed diatrict, affected property owners will be allowed a specified time period in which to have nid unprovements removed and replaced or constructed on their own initiative. (d ) The probable total coat of the improvements to be cons tructed and inatalled within the Diatrict ia $1 ,630,000. -2- .. • • • 0 I ,.,.r I , I • Paving: • 0 • (e) The probable amount of the total cost of said improvements which the City shall pay is approximately $730,000. (f) The balance of the total cost which is not paid by the City will be assessed against the real property specifically benefited by the improvements. Probable costs per front or linear foot for said improvements are as follows : 40' width, 8" base, 3" asphalt 30' width, 8" base, 3" asphalt 24' width, 8" base, 3" asphalt 20' width, 8" base, 3" asphalt 32' width, 6" base , 2" asphalt $52.00 F .F. $39.00 F.F. $34.00 F.F. $27.00 F.F. $33 .00 F.F . Concrete: Monolithic curb, gutter & walk 6" Monolithic curb, gutter & walk 4" Vertical curb & gutter 8" Concrete "V" Pan 4 Ft. wide 8" Concrete Street Paving 4" Sidewalk 6" Sidewalk $51.00 L.F . $46.00 L.F. $22.00 L.F . $23 .50 L.F. $68 .00 F.F . $ 5.00 S .F . $ 5.50 S .F. No assessments will be made for curbs, gutters, and sidewalks in place which conform with the plans and specifications for the proposed improvements and which are acceptable to the City. Property owners are specifically referred to the schedule of proposed assessments which will be on file in the Office of the Director of Public Works, from which the approximate amount to be assessed against any particular lot or parcel of property may be determined . $ectjop 5. Improvcmcot1 Authorized . The removal and replacement or new construction of the improvements described above in and for the District, and as shown by the amended plans, specifications. and maps aa approved and adopted by the City Council , is hereby authorized and ordered. The material to be used in the removal and replacement or new construction of said improvements ia to be in accordance with such plans, specifications, and maps. Sectjop 6. AaHIIQlCQt o( Co1t1 . The probable total cost of the improvements to be removed , replaced, or constructed wnhin the District ia $1,630,000; it is proposed that the City of Englewood will pay approximately $730,000 of aaid total coat. The balance of the total cost which is not paid by the City of Enclewood will be assessed against the real property located within the District and specially benefited by removal and replacement or new construction of the improvements . The approximate amounts to be assessed against said propert1ea on a front foot, linear foot, or 11quare foot baaia shall be as more partic ularly set forth m thi1 Amended Ordinance, Series of 1998; said unit coats are incorporated herein by 1pecific reference . -3- ..... •. .. \ • • • 0 , • .. • ·, • <. Section 7. Payment o( A11e11ment1. The costs of the removal and replacement or new construction and installation of the improvements, less that portion which is paid by the City, shall be assessed by ordinance upon all the real property within the district based upon the benefit conferred by the improvements upon each parcel of realty within the district. If the assessment is not paid in full within the period of time set forth in the assessment ordinance , the amount and time of payment, and the rate and time of payment of interest shall be determined by the City Council as set forth in the assessment ordinance. Section 8. Benefits. The City Council hereby finds and determines that the improvements proposed to be removed and replaced or constructed will confer a special benefit upon the real property within the District and a general benefit upon the City as a whole . Sectjon 9. Severahiljty . If any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable . Section l O. Repealer . All ordinances, or parts thereof, inconsistent or in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency or conflict . Section 11 . Publication and Effective Date. This Ordinance, after its final passage, shall be numbered and recorded, and the adoption and publication shall be authenticated by the signature of the Mayor and the City Clerk, and by the Certificate of Publication. At or about the time of publication of this Ordinance, a copy of this Ordinance shall be provided to the County Assessor and the County Treasurer of Arapahoe County and to the Division of Local Government in the Department of Local Affairs of the State of Colorado. This Ordinance shall become effective thirty (30) days after publication following final passage . Introduced, read in full, and passed on first reading on the 20th day of July, 1998. Published as a Bill for an Ordinance on the 24th day of July, 1998. Thomas J . Burns, Mayor AITEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 20th day of July, 1998. Loucriahia A. Ellia -4- ... •· • 0 ]- PPI Situ-ID 1971-35-3-23-032 HAMPOENA VEE851 1971-35-3-23-033 EMERSONSTS3475 1971-35-3-23-034 EMERSONSTS:3435 1971-35-3-23-037 DiERSONSTS3401 1971-35-3-23-038 CLARKSONSTS3426 1971-35-3-24-001 EMERSONSTS3444 1971-H-3-24-009 EMERSONSTS:3446 1971-35-3-24-012 HAMPDENA VEE955 1971-35-3-24-013 EMERSONSTS3496 1971-35-3-24--014 ~OAODRESS 2077-03-2-02-011 CHEROKEESTS3610 2077-03-2--02-012 CHEROKEESTS3612 2077-03-2--02-013 CHEROKEESTS3620 • ·• ... • 0 . -' Name and Addnst Columbia Heald!One LLC ~3 S. Ulsler St #1200 Denver. CO 8023i-2853 Columbia Heald!One LLC ~3 S. Ulsler St .i#l200 Denver, CO 80237-2853 Columbia HeallhOne LLC 4643 S. U1smr St #1200 Denver, CO 80237-2853 Cl2ig Hospital 3425 S. Clartcson St Eqlewood. CO 80110-2811 Craig Hospital 3425 S. Clarltson St Englewood. co so110-:m 1 Columbia Heald!One LLC 4643 S. Ulster St ;1:00 Denver. CO 8023i-2SS3 Columbia Heald!One LLC 4643 S. U1.aer St ;;11200 Denver. CO 80237-2853 Columbia Heald!One LLC 4643 S. Ulsler St #1200 Denver. CO 80237-21!3 Columbia HeallhOne LLC ~3 s. UlsmSt #1200 !Denver, CO 80237-2153 K:;olumbia HeallhOne LLC ~3 S. U1sm St •1200 Denver. CO 80237-2153 James R. Sullivan 3610 S. Cherokee St Englewood. CO 80110-3526 Timodly G. Creedon 3612 S. Cherokee St Englewood. CO 80110-3526 Donald A. cl Seay I . Joyce, tr TEN 3910 S. Gaiapaco St Englewood. CO IO 11 o-&523 Pap I •• I• • l( .. I • I T A • .. •· • 0 ' • . ' ]-• . • I • • PPI Situ-ID Name ud Addnsl Windsor InduSll'ies, Inc. 13Sl W. SlmfordAve. 12077-09-1--00-047 RADCLIFF A VEW1300 Englewood. CO 801 !0-5S33 Windsor lndusuies, Inc. 13Sl W. SlmfordAve. 12077-09-1-00-048 ID •"""' ""FA VEW1252 Englewood. CO 80110-SS33 Lone Stir Plywood .t Door Corpomioa 1425 Airline Dr. #200 2077-09-1-00--069 WINDERMER£STS4550 Coppell. TX 75019-l608 Windsor InduSll'ies. Inc. 1351 W. Sranford Ave. 2077-09-1-00-070 STANFORDA VEWIS82 Englewood. CO 80110-5533 Windsor lnduSll'ies, Inc. 1351 W. Slmford Ave. 2077-09-1-00-073 !NO ADDRESS Englewood. CO 80110-SS33 DMH Properties LLC 1401 W. SlalltordAve. 12077-09-l .00--07 4 STANFORDA VEW1401 Enpewood. CO 80110 Renaud Inc . 4390 Willdennere SL 12077-09-l-00-075 WINDERMERESTS4390 -co 801 !0-5539 Renaud Ille. 4390 W"llldcrmae SL 2077-09-1-00-076 NO ADDRESS -co 111110-5539 Joe R. .t: Bart.. A. Zylln, IT TEN ISIO W . Tufts Aft. 12077-09-l -16--006 iTUFTSA VEW1510 ,_ co 111110-5531 • ,----... 12000 s. Holly Street ICDOTLOTS Denver, CO 80222 !ALONG CURVE AIDI: Paul Fona- l.l 1Yl,..,1 -~ Daiei F. H..y 1495 W . Thoma Ave. 2077-09-1-16--0 I 0 tnlOMASAVEW1515 En&lewood. CO IOI 10-5577 • -v•--··-·- SIO Powdatlanl Dr. Moaumem. CO 111132-1422 207i-09-1-17-004 ~ARDENSTS4640 •· • ICllaria c. ff-, Lnn w. Aksarbm Ave. 0 12077-09-1 • 17--005 GARDENSTS4650 ~ildlron. co 1111:J-i'924 ~el , I ]- ] PPI OADDRESS • • • • '· iDdsor lnduSll'ia, Inc. 13Sl W. Slallford Ave. Eqlewood. CO 801 IO-S533 Windsor lndulllia. Inc. 13S I W. Slallford Ave. CO 80110-5S33 Soulh Subarbla Pas 4: Rec:ral:ioa Dilll'ict 31 S. Uniwrsily Blvd. CO IOl21-29i3 • • 0 I f .. PPI sam-m 1971-35-3-23-032 ENAVEEl51 1971-35-3-23-033 1971-35-3-23-034 NSTS3435 1971-35-3-23-037 NSTS3401 • 1971-35-3-23-038 1971-35-3-24-001 1971-35-3-24--009 1971-35-3-24--012 -03-2--02-012 -03-2--02-013 • 0 , . • N-udAddna 3 S. Ulsmr St. #1200 . co 80237-2153 . HallbOae LLC 3 s. Ulsmr St. #1200 , co 80237-2153 . Hmpilal 25 s. C1abaa St. CO IOl 10-2111 . ffospilal 425 S. ClaDm St. ood. CO IOl 10-2811 3 s. Ulsmr St. 1#1200 . co 80237-2153 A. & Bey I. Joyca. Tr ffN 910 S. CiallfalD SL co •n1Mm Plpl ...... "' - ...... -- • lC ... I • I T A . . • .; •· • 0 , I - PPI NAVEW262 2077-03-2-14-018 OKEESTS3644 • - • 0 • '· B.Fdllr¥ary 630 s. Chcraae St. CO IOI 10-3.526 1eno.w- 631 s. Chenme St. CO IOII0-3.526 t• . M. MaiDlr .t LiDda L Uapr, rr Tm 6'2 s. Chenme St. CO IOI 10-3.526 Utililies Depanmcm 3400 s. Ellli EqJnood. CO IOllO Harold 1. Canll IOll0-4562 marmdlaill.Jac. 1351 W. Slmfald Aw. CO IOI 10-5'33 Plp2 = ,,. ~ • . .. ., • • • C ' ]- - .I PPI AVEW1300 AVEW1252 077-09-1-00--074 STANFORDAVEW1401 WINDERMERESTS4390 • • -09-1-17-0CM • • 0 • W-mdsor lnduSll'ies, IDc. 1351 W. SlmfardAw. CO IOl 10-5533 W-mdsor lDduslries, IDc. 1351 W. SlmfardAve. CO SOl 10-5533 l • Scar P!ywood .t: Door Coq,anliaa Airliae Dr. #200 TX 75019-4408 1351 W. SlaDfard Aw. CO I0110-SS33 CO S0110-SS39 C.Hmay 32:? W. Abatla Ave. ildaoa. co 80123-7924 • ,,, - • . •· • 0 ...... f PPI Sim-ID • 0 - Naae ucl Add.- .t Vqiaia NellipD. JT TEN 75 s. W"llllilrmlre St. CO I01l~S542 am S . .t Miry Pamr, JT TEN 1460 W. Tldb Ave. CO I011~SS36 a:ee-p.. 50 I S. Navajo St. CO I011~S529 Mlcbiqlllc. 54 I S. Navajo St. CO I011~S529 "' - •. ,. •· • ' ]- PPI • • • • ,. CO IOI 10-5533 CO IOll0-5533 Subarbm PIia .t: ~ Dimic:r ~ I S. Ulliwnily Blvd. CO IOl:?1-2973 . , ... \ • • 0 .. I ]- ORDINANCE NO ._ SERIES OF 1998 • 0 - BY AUTHORITY COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE 16, OF THE ENGLEWOOD MUNICIPAL CODE 1985 WJTH THE ADDITION OF A NEW TITLE 16 , CHAPTER 5 , SECTION 29, ENTITLED TELECOMMUNICATIONS ANTENNAE AND TOWERS WHICH ESTABLISHES STANDARDS FOR THE DEVELOPMENT OF TELECOMMUNICATIONS ANTENNAE AND TOWERS AND THE INSTALLATION OF RELATED FACILITIES AND MOVING TITLE 16 , CHAPTER 4, SECTION 21 TO TITLE 16 , CHAPTER 5, SECTION 30 , ENTITLED SATELLITE DISH AXTENNAE IN THE CITY OF ENGLEWOOD , COLORADO. WHEREAS , in February 1997 the Englewood City Council passed Ordinance No. 12 , Series of 1997 which established a temporary suspension on the issuance of permits for the construction and installation of wireless telecommunication towers in the City for period of 8 months and ended on November 20 , 1997 and WHEREAS, the moratorium was intended to provide time for staff to collect information and revise zoning regulations that protect the interests of the community and those of the telecommunication industry; and WHEREAS, the City's current zoning regulations inadequately address land use impacts associated with wireless telecommunication facilities due to such regulations being developed prior to the advent of wireless communications; and WHEREAS, this ordinance is intended for the purpose ofup dating the City's zoning regulations to adequately address land use impacts associated with wireless telecommunication facilities in the City of Englewood ; WHEREAS, the addition of a new telecommunications ordinance requires a relocation and renumbering of the existing Satellite Dish Antennae Ordinance for clarification; and WHEREAS . in order to protect the public health and safety of persons and property, this ordinance is considered necessary to ensure that towers and antennae are constructed, placed and maintained in a manner consistent with all applicable code s ; and WHEREAS , the Planning and Zoning Commission reviewed the proposed Telecommunications Antennae and Towers Ordinance and recommends the passage of this Ordinance; and WHEREAS , the Englewood Planning and Zoning Commission held a Public Hearing on the proposed Telecommunications ordinance on May 5, 1998; NOW . THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : ,,. - •. 11 bi .., •· • , ..,,.. ./ -• 0 • Section 1. The City Co uncil of the City of Englewood , Co lorado hereby approves ame nding Title 16 , of the Englewood Municipal Cod e 1985, with the addition of Title 16 , Chapter 5, Secti on 29 , entitled Telecommunications Antennae And Towers Ordinance, es tablishing standards for the development of telecommunications antennae and towers and the installation of related facilities which shall read as follows : 16-5-29: TELECOMMUNICATIONS ANTENNAE AND TOWERS: A. INTENT AND PURPOSE: IN ORDER TO ACCOMMODATE THE COMMUNICATION NEEDS OF RESIDENTS AND BUSIJl."ESSES WHILE PROTECTING THE PUBLIC HEALTH , SAFETY, Al\'D GENERAL WELFARE OF THE COMMUNITY, THE CITY COUNCIL FINDS THAT THESE REGULATIONS ARE NECESSARY TO : 1. ESTABLISH A LOCAL POLICY CONCERNING TELECOMMUNICATIONS PROVIDERS AND SERVICES ; 2 . PROMOTE COMPETITION IN THE PROVISION OF TELECOMMUNICATIONS SERVICES; 3 . MINIMIZE UNNECESSARY LOCAL REGULATION OF TELECOMMUNICATIONS PROVIDERS AND SERVICES: 4 . ESTABLISH GUIDELINES, STANDARDS AND TIME FRA.\1ES FOR THE EXERCISE OF LOCAL AUTHORITY WITH RESPECT TO THE REGULATION OF TELECOMMUNICATIONS PROVIDERS AND SERVICES ; 5 . FACILITATE THE PROVISION OF WIRELESS TELECOMMUNICATIONS SERVICES TO THE RESIDENTS AND BUSINESSES OF THE CITY; 6. MINIMIZE ADVERSE VISUAL EFFECTS OF TOWERS THROUGH CAREFUL DESIGN AND SITING STANDARDS ; 7 . AVOID POTENTIAL PERSONAL INJURY AND DAMAGE TO ADJACENT PROPERTIES FROM TOWER FAILURE THROUGH STRUCTURAL STANDARDS AND SETBACK REQUIREME~; 8 . ENCOURAGE AND MAXIMIZE THE USE OF EXISTING A.'ID APPROVED TOWERS , BUILDINGS AND OTHER STRUCTURES TO ACCOMMODATE NEW WIRELESS TELECOMMUNICATIONS ANTENNAE IN ORDER TO REDUCE THE NUMBER OF TOWERS NEEDED TO SERVE THE COMMUNITY ; 9 . ASSURE THAT ALL TELECOMMUNICATIONS CARRIERS PROVIDING FACILITIES OR SERVICES WITHIN THE CITY COMPLY WITH THE CITY'S MUNICIPAL CODE . 10 . SECURE FAIR AND REASONABLE COMPENSATION TO THE CITY AND ITS RESIDENTS FOR THE USE OF ANY APPROPRL\TE .... •· • 0 , ]- • • t• . -• .. PUBLIC PROPERTY FOR USE AS A SITE FOR WIRELESS TELECOMMUNICATIONS FACILITIES; 11. ENABLE THE CITY TO DISCHARGE ITS PUBLIC TRUST CONSISTENT WITH RAPIDLY EVOLVING FEDERAL AND STATE REGULATORY POLICIES, INDUSTRY COMPETITION, AND TECHNOLOGICAL DEVELOPMENT. B . DEFINITIONS: THE FOLLOWING WORDS AND TERMS WHEN USED IN THIS SECTION SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE CONTEXT CLEARLY STATES OTHERWISE : ALTERNATIVE TOWER STRUCTURE: ANCILLARY TELECOMMUNICATIONS FACILITIES: ANTENNA: CITY : COLOCATION : FAA : F CC : MEANS CLOCK TOWER, BELL STEEPLES, BUILDINGS, LIGHT POLES, WATER TOWERS AND SIMILAR ALTERNATIVE DESIGN MOUNTING STRUCTURES THAT HAVE THE CAPACITY TO CAMOUFLAGE OR CONCEAL THE PRESENCE OF ANTENNAE OR TOWERS. MEANS ALL TELECOMMUNICATIONS FACILITIES AS DEFINED HEREIN EXCEPT FOR TO\VERS, ANTENNAE, OR ALTERNATIVE TOWER STRUCTURES. MEANS ANY TRA.'1SMI1"I'ING AND/OR RECEMNG DEVICE USED IN COMMUNICATIONS THAT RADIATES OR CAPTURES ELECTROMAGNETIC WAVES, DIGITAL SIGNALS, ANALOG SIGNALS, RADIO FREQUENCIES, WIRELESS TELECOMMUNICATIONS SIGNALS, OR OTHER COMMUNICATIONS SIGNALS. MEANS THE CITY OF ENGLEWOOD, COLORADO . MEANS THE PLACEMENT OF ANTENNAE OR OTHER TELECOMMUNICATIONS FACILITIES BY TWO OR MORE TELECOMMl,~lCATIONS PROVIDERS IN THE SAME LOCATION OR ON THE SAME TOWER OR ALTERNATIVE TOWER STRUCTURE. MEANS THE FEDERAL AVIATION ADMINISTRATIO!II . MEANS THE FEDERAL COMMUNICATIONS COMMISSION. . ' • .. ,.,· • • 0 • . ( • . • . . HEIGHT: MEANS, WHEN REFERRING TO A TOWER OR OTHER STRUCTURE , THE DISTA.i'llCE MEASURED FROM THE AVERAGE GROUND LEVEL TO THE HIGHEST POINT ON THE TOWER OR OTHER STRUCTURE , EVEN IF SAID HIGHEST POINT IS AN ANTENNA. MANAGER: MEANS THE ENGLEWOOD CITY MANAGER OR HIS DESIGNEE. .. MICRO-CELL: MEANS A LOW POWER TELECOMMUNICATIONS FACILITY USED TO PROvlDE INCREASED CAPACITY IN HIGH TELECOMMUNICATION DEMAND AREAS , OFTEN TO IMPROVE COVERAGE IN AREAS OF WEAK COVERAGE . MICRO- CELLS COMMUNICATE WITH THE PRIMARY FACILITY IN A COVERAGE AREA VIA FIBER OPTIC CABLE , MICROWAVE OR LAND LINE. MI CROW A VE ANTENNA: MEANS A DISH-LIKE ANTENNA USED TO LINK COMMUNICATION SITES TOGETHER BY WIRELESS TRANS:\USSION OF VOICE OR DATA. MONOPOLE: MEANS A STRUCTURE COMPOSED OF A SINGLE SPIRE USED TO SUPPORT TELECO:\IMUNICATIONS EQUIPMENT. PRE-EXISTING TOWERS SHALL HA VE THE MEANING SET AND ANTENNAE: FORTH 1:-1 SUBSECTION C(3) OF THIS SECTIO:-;. ROOF AND/OR BUILDING MEANS TELECOMMUNICATIONS MOUNTED FACILITIES SUPPORTED ENTIRELY BY TELECOMMUNICATIONS A BU ILDING OTHER THAN A BUILDING FACILITIES : ACCESSORY TO A TELECOMMUNICATIONS FACILITY. SECTORIZED PANEL MEANS A.'l' ARRAY OF ANTENNAE ANTENNAE: GENERALLY RECTANGULAR IN SHAPE THAT ARE USE D TO TRANSMIT AND RECEIVE TELECOMMUNICATIONS ..,, SIGNALS . TELECOMMUNICATIONS MEANS A FACILITY THAT TRANSMITS • • FACILITY : ANDIOR RECEIVES ELECTROMAGNETIC SIGNALS . IT INCLUDES ANTENNAE, MICROWAVE DISHES, HORNS, AND OTHER TYPES OF EQUIPMENT FOR THE 0 I I - ]- TELECOMMUNICATIONS PROVIDER: TELECOMMUNICATIONS SERVICE: TOWER: WHIP ANTENNA: <. • • I• • TRANSMISSION OR RECEIPT OF S UCH SIGNALS, TELECOMMU NICATIONS TOWERS OR SIMILAR STRUCTURES S UPPORTING SAID EQUIPMENT, EQUIPMENT BUILDINGS, PARKING AREA, AND OTHER ACCESSORY DEVELOPMENT. MEANS AND INCLUDES EVERY PERSON OR ENTITY WHO PROVIDES TELECOMMUNICATIONS SERVICE UTILIZING TELECOMMUNICATIONS FACILITIES . MEANS THE PROVIDING OR OFFERING FOR RENT, SALE OR LEASE, OR IN EXCHANGE FOR OTHER VALUE RECEIVED, OF THE TRANSMITTAL OF VOICE , DATA, IMAGE , GRAPHIC AND VIDEO PROGRAMMING INFORMATION BETWEEN OR AMONG POINTS BY WIRE , CABLE, FIBER OPTICS LASER, MICROWAVE , RADIO, SATEWTE OR SIMILAR FACILITIES , WITH OR WITHOUT THE BENEFIT OF ANY CLOSED TRANSMISSION MEDIUM. MEANS ANY STRUCTURE THAT IS DESIGNED AND CONSTRUCTED PRIMARILY FOR THE PURPOSE OF SUPPORTING ONE OR MORE ANTENNA , INCLUDING SELF SUPPORTING LATTICE TOWERS, GUY TOWERS, OR MONOPOLE TOWERS. THE TERM INCLUDES RADIO AND TELEVISION TRANSMISSION TOWERS, MICROWAVE TOWERS, COMMON CARRIER TOWERS, CELLULAR AND PERSONAL COMMUNICATIONS SERVICE TELEPHONE TOWERS , MAN MADE TREES. AND OTHER SIMILAR STRUCTURES . MEANS AN ANTENNA THAT IS CYLINDRICAL IN SHAPE . WHIP ANTENNAE CAN BE DIRECTIONAL OR OMNIDIRECTIONAL AND VARY IN SIZE DEPENDING UPON THE FREQUENCY AND GAIN FOR WHICH THEY ARE DESIGNED. • • .. • • 0 I ,,,, I • "' --• • t• . -' C. APPLICABILITY: l. GENERAL APPLICABILITY. EXCEPT AS SPECIFICALLY PROVIDED BELOW , THESE PROVISIONS SHALL APPLY THROUGHOUT THE CITY LIMITS OF THE CITY OF ENGLEWOOD , AND NO TOWER, ANTENNA OR TELECOMMUNICATIONS FACILITY SHALL BE PERMITTED EXCEPT IN COMPLIANCE WITH THESE PROVISIONS . IN CASE OF ANY CONFLICT BETWEEN THE REQUIREMENTS OF THIS SECTION AND ANY ZONING DISTRICT REGU LATIONS , THE PROVISIONS OF THIS SECTION SHALL CONTROL. .. 2. AMATE UR RADIO AND RECEIVE.ONLY ANTE NNAE . THIS SECTION SHALL NOT GOVERN ANY TOWER, OR THE INSTALLATION OF ANY ANTENNA, OWNED AND OPERATED BY A FEDERALLY LICENSED AMATEUR RADIO STATION OPERATOR IN ACCORDANCE WITH FCC RULES , OR IS USED EXCLUSIVELY FOR RECEIVE-ONLY ANTENNAE, SO LONG AS ALL OTHER REQUIREMENTS OF THE ZONING DISTRICTS ARE MET. 3 . PRE -EXISTI NG TOWERS , ANTENNAE AND TELECOMM U NICATIONS FACILITIES . ANY TOWER, AJ.JTENNA OR TELECOMMU NICATIONS FACILITY FOR WHICH A PERMIT HAS BEEN PROPERLY ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION SHALL NOT BE REQUIRED TO MEET THE REQUIREMENTS OF THIS SECTION, OTHER THAN THE REQUIREMENTS OF SUBSECTIONS 0 (3). (4), ( 5), ( 6), (7), ( 8) AND S UBSECTION L . ANY SUCH TOWERS , ANTENNAE OR TELECOMMUNICATIONS FACILITIES SHALL BE REFERRED TO IN THIS SECTION AS PRE·EXISTING TOWERS , PRE-EXISTING ANTENNAE OR PREEXISTING TELECOMMUNICATIONS FACILITIES . D . APPLICATION: ALL APPLICANTS FOR A BUI LDING PERMIT SHALL APPLY WITH THE CITY ON FORMS TO BE PROVIDED BY THE CITY , WHICH SHALL INCLUDE THE FOLLOWING : l. THE IDENTITY AND LEGAL STATUS OF THE APPLICANT. 2 . THE NAME , ADDRESS AND TELEPHONE NU MBER OF THE OFFICER, AGENT OR EMPLOYEE RESPO NSIBLE FOR THE ACCURA CY OF THE APPLICATION . 3 . A NARRATIVE AND MAP DESCRIPTIO N OF THE APPLICANT'S EXISTI NG OR THEN CURRENT LAND USE APPLICATION FOR PROPOSED TELECOMMUNICATIONS FACILITIES WITHIN THE CITY , AND OUTSIDE OF THE CITY WITHIN ONE THOUSAND • (1,000) FEET OF ITS BOUNDARIES. IN ADDITION, THE • • APPLI CANT SHALL INFORM THE CITY GENERALLY OF THE AREAS OF THE CITY IN WHICH IT BELIEVES TELECOMM U NICATIONS FACILITIES MAY NEED TO BE LOCATED WITHI N THE NEXT THREE YEARS . THIS PROVISION IS NOT INTENDED TO BE A REQUIREMENT THAT THE APPLICANT 0 . -. 1','I ' , I • -·- 0 I• • SU BMIT ITS BUSINESS PLAN , PROPRIETARY INFORMATION, OR MAKE COMMlTMENTS TO THE LOCATION OF FACILITIES IN VARIO US PARTS OF THE CITY . RATHER, IT IS AN A'M'EMPT TO PROVIDE A MECHANlSM FOR THE CITY AND ALL APPLICANTS FOR TELECOMMUNlCATIONS FACILITIES TO SHARE GENERAL INFORMATION, ASSIST IN THE CITY'S COMPREHENSIVE PLANNING PROCESS, AND PROMOTE COLOCATION BY IDENTIFYING AREAS IN WHICH TELECOMMUNlCATIONS FACILITIES MIGHT BE APPROPRIATELY CONSTRU CTED FOR MULTIPLE USERS. THE CITY SHALL MAINTAIN A LIST OF TELECOMMUNlCATIONS FACILITIES AND UPDATE THE SAME FROM INFORMATION FURNISHED BY ALL SERVICE PROVIDERS . .. BY SUBMI'M'ING AN APPLICATION , ALL APPLICANTS ACKNOWLEDGE THAT THE CITY MAY DIRECT FUTURE APPLICANTS TO DISC U SS COLOCATION WlTH AN APPLICANT THAT HAS DISCLOSED TO THE CITY THE POSSIBILITY OF LOCATING TELECOMMUNlCATIONS FACILITIES IN A GIVEN AREA ; PROVIDED HOWEVER THAT THE CITY IS NOT , BY SHARING SUCH INFORMATION , IN ANY WAY REPRESENTING OR WARRANTING THAT SUCH SITES ARE AVAILABLE OR SUITABLE . 4 . INFORMATION SUFFICIENT TO DETERMINE THAT THE APPLICANT HAS APPLIED FOR AND RECEIVED ANY OPERATING LICENSE OR OTHER APPROVALS REQUlRED BY THE FCC TO PROVIDE TELECOMMUNlCATIONS SERVICES OR FACILITIES WlTHIN THE CITY . 5. A SITE PLAN THAT SHOWS THE RELATIVE SHAPE , SIZE AND LOCATION OF THE PROPOSED TELECOMMUNICATIONS FACILITIES , WHICH SHALL INCLUDE : a . A DESIGN DESCRIPTION, INCLUDING HEIGHT ABOVE GRADE, MATERIALS AND COLOR. b . A LANDSCAPING AND/OR VISUAL MITIGATION PLAN (TO SCALE) ACCEPTABLE TO THE MANAGER, DETAILING HOW SCREENlNG FROM THE PUBLIC VIEW WlLL BE ACCOMPLISHED , INCLUDING CROSS SECTIONAL VIEWS, AS APPROPRIATE . C. TO THE EXTENT REQUIRED BY LANDSCAPING STANDARDS IN E .M.C. 16-5-26, AN EROSION CONTROL AND REVEGETATION PLAN . 6 . A STRUCTURAL REPORT BY A COLORADO LICENSED PROFESSIONAL ENGINEER DEMONSTRATING THAT THE FACILITY WILL COMPLY WITH APPLICABLE STRUCTU RAL ., STANDARDS , THE GENERAL STRUCTURAL CAPACITY OF THE • PROPOSED FACILITY , AND THE NUMBER, TYPE AND SIZE OF • • ANTENNAE THAT CAN BE ACCOMMODATED . 7 . AN ACKNOWLEDGMENT BINDING THE APPLICANT, THE PROPERTY OWNER (IF OTHER THAN THE APPLICANT) AND THE APPLICANT'S AND/OR OWNER'S SUCCESSORS IN INTEREST TO 0 • , • • PROPERLY MAINTAIN THE EXTERIOR APPEARAN'CE OF AND TO ULTIMATELY REMOVE THE TOWER, ANTENNAE A.~D TELECOMMUNICATIONS FACILITIES IN COMPLL.\..\iCE WITH THE PROVISIONS OF THIS SECTION AND ANY CONDITIONS OF APPROVAL. 8 . AN ACKNOWLEDGMENT THAT THE CITY MAY E:-ITER ONTO THE PROPERTY AND UNDERTAKE ANY MAINTENANCE OR REMOVAL ACTIVITIES SO LONG AS : a . THE MANAGER HAS PROVIDED THE APPLICA.~ WRITTEN NOTICE REQUESTING THE WORK NEEDED TO COMPLY WITH THIS SECTION AND PROVIDING THE APPLICANT AT LEAST FORTY-FIVE (45) DAYS TO COMPLETE IT; AND A FOLLOW UP NOTICE OF DEFAULT SPECIF\,xG FAILURE TO COMPLY WITHIN THE TIME PERIOD PER:\IITTED , AND INDICATING THE CITY'S INTENT TO COMMEXCE THE REQUIRED WORK WITHIN TEN DAYS OF THE ~OTICE ; AND b . THE APPLICANT HAS NOT FILED AN APPEAL PURSUANT TO E.M.C . 16·2·6 WITHIN THIRTY (30) DAYS OF THE NOTICE OF THE CITY'S INTENT TO COMMENCE THE REQUIRED WORK. IF AN APPEAL IS FILED, THE CITY SHALL BE AUTHORIZED TO ENTER THE PROPERTY AND PERFORM THE NECESSARY WORK IF THE APPEAL IS DISMISSED OR FIXAL ACTION ON IT IS TAKEN IN FAVOR OF THE CITY. c. N01WITHSTANDING ANYTHING CONTAINED IN THIS SECTION TO THE CONTRARY, THE CITY SHALL NOT BE REQUIRED TO PROVIDE THE NOTICE DESCRIBED HEREIN IF THERE IS A SIGNIFICANT RISK TO THE Pl."BLIC HEALTH AND SAFETY REQUIRING IMMEDIATE REMEDIAL MEASURES . 9 . AN AGREEMENT TO POST A PERFORMANCE BOXD . LETTER OF CREDIT, OR OTHER FINANCIAL GUARANTY SATISFACTORY TO THE MANGER, AT THE TIME A PERMIT IS ISSUED. I~ AN AMOUNT TO BE SET BY THE CITY , REASONABLY RELATED TO THE COSTS THAT MAY BE INCURRED BY THE CITY SHOULD THE APPLICANT FAIL TO COMPLY WITH ANY OF ITS OBLIGATIO::-.:S PURSUANT TO SUBSECTION L, (CONCERNING REMOVAL OF ABAXDONED FACILITIES.) THE BOND SHALL REMAIN IN EFFECT FOR A PERIOD OF TEN (10) YEARS FROM THE DATE OF PERMIT ISSUANCE . 10 . A STATEMENT THAT THE APPLICANT AGREES TO ALLOW FOR THE POTENTIAL COLOCATION OF ADDITIONAL TELECOMMUNICATIONS EQUIPMENT BY OTHER PROVIDERS ON THE APPLICANT'S TOWER OR WITHIN THE SA.\IE SITE LOCATION , SUBJECT TO REASONABLE CONDITIO!'.S . 11 . IF THE APPLICANT SEEKS A PERMIT FOR A TOWER, ANTENNA OR TELECOMMUNICATIONS FACILITIES ON LEASED PROPERTY , A WRITTEN STATEMENT OF THE LANDLORD l~-OICATING THAT . , •· • 0 ]- • • .. THE LANDLORD IS PERMITTED TO ENTER INTO LEASES OF THE SAME PROPERTY WITH OTHER TELECOMMUNICATIONS PROVIDERS. 12. A WRITTEN STATEMENT FROM A QUALIFIED RADIO FREQUENCY ENGINEER, CERTIFYING THAT A TECHNICAL EVALUATION OF THE PROPOSED FACILITY INDICATES ::-10 POTENTIAL INTERFERENCE PROBLEMS AS DESCRIBED IN SUBSECTION G(6). ADDITIONALLY, THE APPLICATION SHALL CONTAIN AN ACKNOWLEDGMENT THAT THE APPLICANT WILL NOTIFY THE CITY AT LEAST TEN CALENDAR DAYS PRIOR TO THE INTRODUCTION OF NEW SERVICE, AND ALLOW THE CITY TO MONITOR INTERFERENCE LEVELS WITH PUBLIC SAFETY TELECOMMUNICATIONS DURIXG THE TESTING PROCESS. 13 . SUCH OTHER INFORMATION AS THE CITY MAY REASONABLY REQUIRE . E . AMENDMENT: EACH APPLICANT SHALL Il\"FORM THE CITY , WITHIN SIXTY (60) DAYS , OF ANY CHANGE OF THE INFORMATION SET FORTH IN SUBSECTION D. F . FEES: IN ADDITION TO ANY BUILDI~G PERMIT FEES AND CONDITIONAL USE PERMIT APPLICATION FEES, THE APPLICANT SHALL PAY A TELECOMMUNICATIOXS FACILITIES LICENSE FEE IN AN AMOUNT TO BE SET BY RESOLUTIO~ OF THE CITY COUNCIL. TELECOMMUNICATIONS LICENSE FEES MAY BE MODIFIED FROM TIME TO TIME BY CITY COUNCIL RESOLUTION. THE CITY COUNCIL RESOLUTION MAY FURTHER PROVIDE FOR AW AIYER OF FEES IN THE CASE OF: l . CONSTRUCTION OF NEW TOWERS WITH EXCESS CAPACITY , WHERE THE APPLICANT COIDDTS IN ADVANCE TO ALLOW COLOCATION; 2 . COLOCATION OF ANTENNAE 0~ EXISTING TOWERS AND/OR ALTERNATIVE TOWER STRUCTu'RES; 3 . LOCATION OF ANTENNAE ON EXISTI:-.:G ALTERNATIVE TOWER STRUCTURES; 4 . OTHER CONDITIONS WHICH THE CITY BELIEVES WILL MINIMIZE THE NEED FOR CONSTRUCTIO:-. OF NEW TOWERS . G . GENERAL GUIDELINES AND REQUIREMENTS: 1 . PRINCIPAL OR ACCESSORY USE .. .\..,"TESNAE AND OTHER ANCILLARY TELECOMMUNICATIOXS FACILITIES MAY BE CONSIDERED EITHER PRINCIPAL OR ACCESSORY USES . TOWERS , UNLESS SPECIFICALLY ACCESSORY TO THE USE OF A PROPERTY , SHALL BE CONSIDERED A PRINCIPAL USE OF PROPERTY. A DIFFERENT EXISTI~G l:SE OR AN EXISTING STRUCTURE ON THE SAME LOT SHALL NOT PRECLUDE THE INSTALLATION OF AN ANTEl\~A OS S UCH LOT. WHERE A NEW • < .. • • 0 , • ,,_ -• . ·, • LOT OR LEASEHOLD PARCEL HAS BEE N CREATED FROM A LARGER PARCEL, FOR P URPOSES OF DETERMINING WHETHER THE INSTALLATIO N OF A TOWER OR ANTENNA COMPLIES WITH DISTRICT DEVELOPMENT REG ULATIONS , INCLUDING BUT NOT LIMITED TO SETBACK REQ UIREMENTS, LOT COVERAGE REQUIREMENTS , AND OTHER S UCH REQUIREMENTS , THE DIMENSIONS OF THE LARGER LOT FROM WHICH THE NEW LOT WAS CREATED SHALL CONTROL. TOWERS THAT ARE CONSTRUCTED , AND ANTE N NAE THAT ARE INSTALLED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION SHALL NOT BE DEEMED TO CONSTITUTE THE EXPANSION OF A NON-CONFORMING USE OR STRUCTURE . .. 2 . AESTHETICS; LIGHTING . THE GUIDELINES SET FORTH IN THIS S U BSECTION 2 SHALL GOVER N THE LOCATION OF ALL TOWERS, AND THE INSTALLATION OF ALL ANTENNAE, GOVERNED BY THIS SECTION . WHERE OPTIO NS FOR AESTHETIC TREATMENT ARE PROVIDED, THE CITY SHALL DIRECT WHICH OPTION IS TO BE UTILIZED. a . TOWERS SHALL EITHER MAI NTAIN A GALVANIZED STEEL FINISH , OR SUBJECT TO ANY APPLICABLE FAA STANDARDS , BE PAINTED A NEUTRAL COLOR SO AS TO RED UCE VISUAL OBTRUSIVENESS . b. AT A TOWER SITE, THE DESIGN OF THE BUILDINGS AND RELATED TELECOMMU NICATION FACILITIES SHALL, TO THE EXTENT POSSIBLE . USE MATERIALS, COLORS, TEXTURES, SCREENING, AND LANDSCAPING THAT WILL BLEND THE TELECOM'.\1UNICATI0NS FACILITIES TO THE NATURAL SETTING AND BUILT ENVIRONMENT. C. ALL APPLICANTS U NDER THIS SECTION SHALL COMPLY WITH THE LANDSCAPING STANDARDS FOUND IN E .M .C. TITLE 16. d . IF AN ANTENNA IS INSTALLED ON A STRUCTURE OTHER THAN A TOWER, THE ANTENNA AND SUPPORTING TELECOMMU NICATIO NS FACILITIES MUST BE OF A NE UTRAL COLOR THAT IS IDENTICAL TO, OR CLOSELY COMPATIBLE WITH , THE COLOR OF THE SUPPORTING STRUCTURE SO AS TO MAKE THE ANTENNA AND RELATED FACILITIES AS VIS UALLY UNOBTRUSIVE AS POSSIBLE. e . TOWERS SHALL NOT BE ARTIFI CIALLY LIGHTED , U NLESS REQ UI RED BY THE FAA OR OTHER APPLI CABLE AUTHORITY . IF LIGHTI NG IS REQUI RED . THE CITY MAY REVIEW ANY AVAILABLE LIGHTING ALTERNATIVES AND • APPROVE THE DESIG N THAT WOULD CAUSE THE LEAST • • DISTURBANCE TO THE SURROUNDING VIEWS . LIGHTING MUST BE SHIELDED OR DIRECTED TO THE GREATEST EXTENT POSSIBLE SO AS TO MINIMIZE THE AMOUNT OF LIGHT THAT FALLS ONTO P UBLI C RIGHTS-OF-WAY OR NEARBY PROPERTIES , PARTI CULARLY RESIDENCES. 0 , ~• • -•. 0 - f. NO PORTIO N OF ANY ANTENNA ARRAY MAY EXTEND BEYOND THE PROPERTY LINE . g. ANCILLARY TELECOMMUNICATIONS FA CILITIES SHALL BE NO TALLER THAN THE MAXIMUM HEIGHT IN THE ZONING DISTRICT WHERE THE FACILITIES ARE LOCATED AND SHALL BE COMPATIBLE WITH THE SURROUNDING AREA . h . ANCILLARY TELECOMMUNICATIONS FACILITIES IN AREAS OF HIGH VISIBILITY SHALL, WHERE POSSIBLE, BE SITED EITHER BELOW THE RIDGELINE , AMIDST GROUPS OF .. TREES , OR DESIGNED (I .E ., PLACED U NDERGROUND , DEPRESSED, OR LOCATED BEHIND EARTH BERMS OR OTHERWISE EFFECTIVELY SCREENED) TO MINIMIZE THEIR PROFILE. i. AS PART OF THE CONDITIONAL USE APPLICATION PROCESS DESCRIBED IN SUBSECTION K, THE CITY MAY REQUIRE A SPECIAL DESIGN OF ANY TELECOMMUNICATIONS FACILITY WHERE FINDINGS OF PARTICULAR SENSITMTY ARE MADE . 3 . FEDERAL REQUIREMENTS . ALL TELECOMMU NICATION FACILITIES MUST MEET OR EXCEED THE CURRENT STANDARDS AND REGULATIONS OF THE FAA . THE FCC , AND ANY OTHER AGENCY OF THE FEDERAL GOVERNMENT WITH THE AUTHORITY TO REGlJLATE TELECOMMUNICATION FACILITIES . IF SUCH STANDARDS AND REGULATIONS ARE CHANGED, THEN THE OWNERS OF THE TELECOMMUNICATION FACILITIES GOVERNED BY THIS SECTION SHALL BRING SUCH TELECOMMUNICATION FACILITIES INTO COMPLIANCE WITH SUCH REVISED STANDARDS AND REGULATIONS WITHIN THE TIME FRAME MANDATED BY THE CONTROWNG FEDERAL AGENCY . FAILURE TO BRING TELECOMMUNICATION FACILITIES INTO COMPLIANCE WITH SUCH REVISED STANDARDS AND REGULATIONS SHALL CONSTITUTE GROUNDS FOR THE REMOVAL OF THE TELECOMMUNICATION FAClLITIES AT THE OWNER'S EXPENSE . 4 . BUILDING CODES; SAFETY STANDARDS . TO ENSURE THE STR UCTURAL INTEGRITY OF TOWERS , THE OWNER OF A TOWER SHALL ENSURE THAT IT IS MAINTAINED IN COMPLIANCE WITH STANDARDS CONTAINED IN APPLICABLE LOCAL BUILDING CODES ; THE APPLICABLE STANDARDS FOR TOWERS THAT ARE P UBLISHED BY THE ELECTRONIC INDUSTRIES ASSOClATION , AS AMENDED FROM TIME TO TIME ; AND ALL APPLICABLE CODES • ADOPTED BY THE CITY. • • a . IN ADDITION TO ANY OTHER APPLICABLE STANDARDS AND REQUIREMENTS , THE FOLLOWING SHALL APPLY TO ALL TOWERS AND TELECOMMUNICATIONS FACILITIES: 0 ' - • • • , . • (, i. SUFFICIENT ANTI-CLIMBING MEASURES MUST BE INCORPORATED INTO EACH FACILITY TO REDUCE POTENTIAL FOR TRESPASS AND INJURY. BY WAY OF EXAMPLE . AND NOT OF LIMITATION, SECURITY FENCING PURSUANT TO SUBSECTION K(6), TOGETHER WITH A LACK OF PEGS ON THE BOTTOM PORTION OF THE TOWER, SHALL BE CONSIDERED SUFFICIENT ANTI-CLIMBING MEASURES . ii. NO GUY WIRES EMPLOYED MAY BE ANCHORED WITHIN THE AREA IN FRONT OF ANY PRIMARY STRUCTURE ON A PARCEL. iii. AT LEAST TEN FEET OF HORIZONTAL CLEARANCE MUST EXIST BETWEEN ANY ANTENNAE AND ANY POWER LINES, UNLESS MORE CLEARANCE IS REQUIRED TO MEET COLORADO PUBLIC UTILITIES COMMISSION STANDARDS. iv . ALL TELECOMMUNICATIONS FACILITIES MUST BE DESIGNED AND/OR SITED SO THAT THEY DO NOT POSE A POTENTIAL HAZARD TO NEARBY RESIDENCES OR SURROUNDING PROPERTIES OR IMPROVEMENTS . ANY TOWER SHALL BE DESIGNED AND MAINTAINED TO WITHSTAND , WITHOUT FAILURE, THE MAXIMUM FORCES EXPECTED FROM WIND, TORNADOES, HURRICANES, AND OTHER NATURAL OCCURRENCES. WHEN THE TOWER IS FULLY LOADED WITH ANTENNAE, TRANSMITTERS. AND OTHER TELECOMMUNICATIONS FACILITIES, AND CAMOUFLAGING; OR, IN THE CASE OF PRE-EXISTING TOWERS, WHEN THE TOWER IS LOADED WITH THE ANTENNAE, TRANSMITTERS. AND/OR OTHER TELECOMMUNICATIONS FACILITIES AT THE TIME OF PASSAGE OF THIS SECTION. INITIAL DEMONSTRATION OF COMPLIANCE WITH THIS REQUIREMENT SHALL BE PROVIDED VIA SUBMlSSIOl\ OF A REPORT TO THE MANAGER PREPARED BY A STRUCTURAL ENGINEER, LICENSED IN THE STATE OF COLORADO, DESCRIBING THE TOWER STRUCTURE, SPECIFYING THE NUMBER AND TYPE OF ANTENNAE IT IS DESIGNED TO ACCOMMODATE , PROVIDING THE BASIS FOR THE CALCULATIONS DONE, AND DOCUMENTING THE ACTUAL CALCULATIONS PERFORMED . PROOF OF ONGOING COMPLIANCE SHALL BE PROVIDED PURSUA NT TO ANY APPLICABLE CODES . b . IF, UPON INSPECTION, THE CITY CONCLUDES THAT A TELECOMMUNICATIONS FACILITY FAILS TO COMPLY WITH SUCH CODES AND STANDARDS A.'ffi CONSTITUTES A DANGER TO PERSONS OR PROPERTY, THEN UPON NOTICE BEING PROVIDED TO THE OWNER OF A TELECOMM UNICATIONS FACILITY, THE OWNER SHAU. ,. - • . .. • • 0 I • 0 l• • HAVE THIRTY (30) DAYS TO BRING SUCH TELECOMMUNICATIONS FACILITY INTO COMPLIANCE WITH SUCH STANDARDS . IF THE OWNER FAILS TO BRING SUCH TELECOMMUNICATIONS FACILITY INTO COMPLIANCE WITHIN SAID THIRTY (30) DAYS , THE CITY MAY REMOVE SUCH TELECOMMUNICATIONS FACILITY AT THE OWNER'S EXPENSE . 5. RADIO FREQUENCY STANDARDS. ALL APPLICA1 'TS SHALL COMPLY WITH FEDERAL STANDARDS FOR RADIO FREQUENCY EMISSIONS. AT THE TIME OF PERMIT APPLICATION, THE APPLICANT SHALL SUBMIT A PROJECT IMPLE:'vlENTATION REPORT WHICH PROVIDES CUMULATIVE FIELD PREDICTIONS OF RADIO FREQUENCY EMISSIONS OF ALL ANTENNAE TO BE INITIALLY INSTALLED AT THE SUBJECT SITE, AND WHICH COMPARES THE RESULTS WITH ESTABLISHED FEDERAL STANDARDS . IN RESPONSE TO ANY WRITTEN COMPLAINT REGARDING RADIO FREQUENCY EMISSIONS, THE OPERATOR OF A TELECOMMUNICATIONS FACILITY SHALL, WITHI:--1 A REASONABLE PERIOD OF TIME AFTER RECEiv1NG NOTICE OF THE WRITTEN COMPLAINT, SUBMIT A REPORT TO THE CITY INDICATING WHETHER ALL RADIO FREQUENCY EMISSIONS GENERATED BY THAT ENTITY'S TELECOMMU~CATIONS FACILITIES ARE WITHIN FEDERAL STANDARDS . IF, IN RESPONSE TO SUCH WRITTEN COMPLAINT , IT IS DETERMINED THAT THE EMISSIONS FROM THE FACILITY ARE WITHIN ALLOWABLE FEDERAL STANDARDS , THE E:-.,ITY PROVIDING THE REPORT SHALL NOT BE REQUIRED TO MAKE A SIMILAR RESPONSE TO FURTHER WRITTEN COMPLAI1'11 FOR A PERIOD OF AT LEAST ONE YEAR FROM THE DATE OF THE PRIOR COMPLAINT . IF THE REPORT INDICATES THAT EMISSIONS EXCEED FEDERAL STANDARDS . THE CITY MAY REQUIRE CORRECTIVE ACTION WITHIN A REASONABLE PERIOD OF TIME. AND IF NOT CORRECTED , MAY REQUIRE REMOVAL OF THE TELECOMMUNICATIONS FACIUTlES PURSUA.VT TO SUBSECTION L OF THIS SECTION. ANY REASONABLE COSTS INCUIL1.ED BY THE CITY . INCLUDING REASONABLE CONSULTING COSTS TO VERIFY COMPI.JANCE WITH THESE REQ 'IREMENTS, SHALL BE PAID BY THE APPLICANT . 6 . SIGNAL INTERFERENCE . ALL TOWERS . A.,,E~'NAE A!IID TELECOMMUNICATIONS FACIUTIES MUST BE DESIGNED AND/OR SITED SO AS NOT TO CAUSE INTERFERENCE WITH THE NORMAL OPERATION OF RADIO , TELEVISION , TELEPHONE AND OTHER TELECOMMUNICATIONS SERVICES l..'TIUZED BY ADJACENT RESIDENTIAL AND NON-RESIDE~,lAL PROPERTIES; NOR SHALL ANY S 'CH FACILITIES INTERFERE WITH ANY P BLIC SAFETY TELECOMMUNICATIONS . 7 . MODIFICATION . EXISTING ANTENNAE ON A.'1 APPROVED TELECOMM NICATIONS FACILITY MAY BE MODIFIED, AND THE POWER OUTPUT OF EXISTING ANTENNAE ON AN APPROVED FACILITY MAY BE INCREASED, PROVIDED THE STANDARDS AND PRO EDURE O TLINED IN ANSI STANDARDA.''"D C-96 .1 OR ANY .. • • , ") ]- • 0 I • • AMENDMENTS OR REVISIONS THERETO, OST BULLETIN NO . 65 AND ELECTRONICS INDUSTRIES ASSOCIATIONS EIA-RS 222(E) OR THE LA TEST REVISION OR AMENDMENT THEREOF; OR SUCH CURRENT STANDARDS AS MAY BE APPROVED BY THE F .C.C. ARE COMPLIED WITH. a . THE MANAGER SHALL BE NOTIFIED WITHIN FOURTEEN (14 ) DAYS OF ANY CHANGE IN OR ADDITION OF ANTENNAE WHOSE POWER OUTPUT EXCEEDS 100 WATTS E .R .P . OF RADIO FREQUENCY POWER OUTPUT . THE CITY MAY REQUEST COPIES OF PLANS DEPICTING SUCH MODIFICATION AND OTHER EVIDENCE NECESSARY TO DEMONSTRATE THAT SUCH MODIFICATIONS ARE IN COMPLIANCE WITH THE PROVISIONS OF THIS SECTION, AND A PERMITTED USE APPROVAL. A SUBSEQUENT FIELD REPORT , PREPARED BY A QUALIFIED RADIO FREQUENCY ENGINEER, QUANTIFYING A PROJECTS RADIO FREQUENCY EMISSIONS AND EXPOSURES , AND COMPARING THEM TO ADOPTED FEDERAL STANDARDS , MAY BE REQUESTED BY THE CITY UPON PROJECT INSTALLATION . b . THE MANAGER MUST BE NOTIFIED AT LEAST THIRTY (30) DAYS PRIOR TO ANY MODIFICATION WHICH INCREASES THE WIND OR WEIGHT LOADING CAPACITY, HEIGHT OR FOOTPRINT OF A TOWER, AND MAY REQUEST COPIES OF PLANS WHICH DEPICT SUCH MODIFICATIONS AND INDICATE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION, AND WITH THE PERMITTED USE APPROVAL. DEPENDING UPON THE NATURE OF THE :MODIFICATIONS, SUCH MODIFICATIONS MAY REQUIRE CONDITIONAL USE APPROVAL PURSUANT TO SUBSECTIO~ K OF THIS SECTION. 8 . PROHIBITED USE . ADVERTISING OR COMMlJNICATION OF ANY VISUAL MESSAGES FROM A TOWER OR Al'-i"TEN'NA IS PROHIBITED , WITH THE EXCEPTION OF SAFETY RELATED MESSAGES . H. BUILDING PERMITS . TOWERS , ANTENNAE A."1"D TELECOMM U NICATIONS FACILITIES ARE CONSIDERED STRUCTURES, REQUIRING ISSUANCE OF A BUILDING PERMIT DESCRIBED IN E .M .C. TITLE 8 . IN CONNECTION WITH THE ISSUANCE OF A PERMIT FOR A TOWER. ANTENNA OR TELECOMMUNICATIONS FACILITY, AND IN ORDER TO PROVIDE THE CITY WITH ACCURATE . .\.,'I> CURRENT INFORMATION CO NCERNING ENTITIES THAT OW~ OR OPERATE TELECOMM U NICATIONS FACILITIES WITHIN THE CITY ; TO ASSIST THE CITY IN ENFORCEMENT OF THIS SECTION ; TO ASSIST THE CITY I N THE COLLECTION AND ENFORCEMENT OF A.,-Y LICENSED FEES OR CHARGES THAT MAY BE DU E THE CITY ; AND TO ASSIST THE CITY IN MONITORING COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS , THE APPLI CANT SHALL, PRIOR TO A PER.\IIT BEING ISSUED, SU BMIT THE APPLICATION INFORMATION DESCRIBED IN SUBSECTION D TO THE CITY MANAGER . ,. - • • 0 , ? ]- • • 0 I• . -' I. PERMI'ITED USES --GENERAL. THE USES LISTED IN SUBSECTION J ARE DEEMED TO BE PERMITIED USES AND SHALL NOT REQUIRE A CONDITIONAL USE PERMIT. NEVERTHELESS, ALL SUCH USES SHALL COMPLY WITH THIS SECTION AND ALL OTHER APPLICABLE ORDINANCES. SEE FIGURE 1 AND PERMITTED USES IN SPECIFIC ZONE DISTRICTS FOR ADDITIONAL REGULATIONS. J . SPECIFIC PERMITTED USES. 1. LOCATING A TOWER OR ANTENNA, INCLUDING THE PLACEMENT OF ANCILLARY TELECOMMUNICATIONS FACILITIES USED IN CONNECTION WITH SAID TOWER OR ANTENNA IS PERMITIED ON CITY OWNED PROPERTY IN ANY ZONING DISTRICT SO LONG AS ALL OTHER REQUIREMENTS OF THE ZONING DISTRICT ARE MET. 2 . INSTALLING AN ANTENNA ON AN EXISTING TOWER INCLUDING THE PLACEMENT OF ANCILLARY TELECOMMUNICATIONS FACILITIES, SO LONG AS SAID ADDITIONAL ANTENNA ADDS NO ADDITIONAL HEIGHT TO SAID EXISTING TOWER, DOES NOT PROJECT OUTWARD A DISTA.'IICE OF MORE THAN FOURTEEN (14) FEET, AND IS CONSISTENT WITH ANY APPLICABLE CONDITIONS OF APPROVAL FOR THAT SITE , WHICH PREVIOUSLY HAVE BEEN IMPOSED BY THE CITY . 3 . INSTALLING AN ANTENNA ON AN EXISTING ALTERNATIVE TOWER STRUCTURE . INCLUDING THE PLACEMENT OF ANCILLARY TELECOMMUNICATIONS FACILITIES, SO LONG AS SAID ADDITIONAL ANTENNA ADDS NO MORE THAN FIFTEEN (15) FEET OF ADDITIONAL HEIGHT TO SAID EXISTING STRUCTURE, DOES NOT PROJECT OUTWARD A DISTANCE OF MORE THAN FOURTEEN (14) FEET, AND IS CONSISTENT WITH ANY APPLICABLE CONDITIONS OF APPROVAL FOR THAT SITE, WHICH PREVIOUSLY HAVE BEEN IMPOSED BY THE CITY; PROVIDED, HOWEVER. THAT IF THE INSTALLATION OF AN ANTENNA OR ANY OTHER ANCILLARY TELECOMMUNICATIONS FACILITIES ON TOP OF AN EXISTING STRUCTURE CAUSES AN INCREASE IN THE MAXIMUM HEIGHT LIMITATION WITHIN THE ZONING DISTRICT IN WHICH THE STRUCTURE IS LOCATED. SUCH USE SHALL STILL BE CONSIDERED A SPECIFIC PERMITIED USE SO LONG AS THE ANCILLARY FACILITIES ADD NO MORE THAN FIFTEEN (15) ADDITIONAL FEET TO THE HEIGHT OF THE STRUCTURE AND ARE ADEQUATELY SCREENED TO THE SATISFACTION OF THE MANAGER. 4 . LOCATING A TOWER IN ALL ZONING DISTRICTS OTHER THAN RESIDENTIAL AND BUSINESS , SO LONG AS ALL OTHER REQUIREMENTS OF THE ZONING DISTRICT, FIGURE 1. SECTION K (5), (REGARDING SETBACKS AND SEPARATION ,) ARE MET. 5 . LOCATING AN ALTERNATIVE TOWER STRUCTURE IN ALL ZONING DISTRICTS , SO LONG AS ALL OTHER REQUIREMENTS OF THE ZONING DISTRICT, FIGURE l , AND SUBSECTION J ARE MET . . ... • ,,, - I . I· • a ' • • . • l• • ' K . CONDITIONAL USE PERMITS. 1. GENERAL. THE FOLLOWING PROVISIONS SHALL GOVERN THE ISSUANCE OF CONDITIONAL USE PERMITS FOR TELECOMMUNICATION FACILITIES AND ARE IN ADDITION TO THE GENERAL PROVISIONS REGARDING CONDITIONAL USES IN E.M .C . TITLE 16: a . IF THE TELECOMMUNICATION FACILITY IS NOT A PERMITTED USE UNDER SUBSECTION I, PERMITTED USES - GENERAL, OF THIS SECTION, THEN A CONDITIONAL USE PERMIT GRANTED PURSUANT TO THE PROCEDURES SET .. FORTH IN E .M.C . 16-5-21 , CONDITIONAL USES, AND THE PROVISIONS OF THIS SECTION, SHALL BE REQUIRED FOR THE CONSTRUCTION OF A TOWER OR THE PLACEMENT OF ANTENNAE . b . IN GRANTING A CONDITIONAL USE PERMIT, THE CITY MAY IMPOSE CONDITIONS TO THE EXTENT IT CONCLUDES SUCH CONDITIONS ARE NECESSARY TO MINIMIZE ANY ADVERSE EFFECT OF THE PROPOSED TELECOMMUNICATION FACILITY ON ADJOINING PROPERTIES . C. ANY INFORMATION OF AN ENGINEERING NATURE THAT THE APPLICANT SUBMITS, WHETHER CML, MECHANICAL, STRUCTURAL, OR ELECTRICAL, SHALL BE CERTIFIED BY A COLORADO REGISTERED PROFESSIONAL ENGINEER. ANY INFORMATION SUBMITTED RELATING TO RADIO FREQUENCY EMISSIONS SHALL BE CERTIFIED BY A QUALIFIED RADIO FREQUENCY ENGINEER. d. AT LEAST FIFTEEN (15 ) DAYS PRIOR TO THE FIRST PUBLIC HEARING ON ANY REQUEST FOR A CONDITIONAL USE PERMIT PURSUANT TO THIS SECTION, THE APPLICANT SHALL PROVIDE NOTICE , IN WRITING, TO ALL PROPERTY OWNERS WITHIN FIVE HUNDRED (500) FEET OF THE PROPERTY BOUNDARY OF THE SITE UPON WHICH THE TOWER OR ANTENNA(E) ARE PROPOSED TO BE LOCATED. 2 . INFORMATION REQUIRED . EACH APPLICANT REQUESTING A CONDITIONAL USE PERMIT UNDER THIS SECTION SHALL, IN ADDITION TO THE INF08"\1ATI0N REQUIRED BY SECTION D, SUBMIT ALL INFORMATION REQUIRED IN E .M.C . 16-6-21 , CONDITIONAL USES . AND OTHER INFORMATION DEEMED BY THE MANAGER TO BE NECESSARY TO ASSESS COMPLIANCE WITH THIS SECTION. .; 3 . FACTORS CONSIDERED IN GRANTING CONDITIONAL USE • PERMITS FOR TOWERS AND ANTENNAE . IN ADDITION TO THE • • CRITERIA SET FORTH IN E .M.C . 16-6-21 , CONDITIONAL USES , THE CITY SHALL CONSIDER THE FOLLOWING FACTORS IN DETERMINING WHETHER TO ISSUE A CONDITIONAL USE PERMIT: C I - - • • • • • a . HEIGHT OF THE PROPOSED TOWER OR HEIGHT OF PROPOSED ANTENNAE ON A TOWER OR ALTERNATIVE TOWER STRUCTURE ; b . PROXIMITY OF THE TOWER TO RESIDENTIAL STRUCTURES AND RESIDENTIAL DISTRICT BOUNDARIES ; c. NATURE OF USES ON ADJACENT AND NEARBY PROPERTIES; d. SURROUNDING TOPOGRAPHY ; e . SURROUNDING TREE COVERAGE AND FOLIAGE ; f. DESIGN OF THE TOWER, WITH PARTICULAR REFERENCE TO DESIGN CHARACTERISTICS THAT HAVE THE EFFECT OF REDUCING OR ELIMINATING VISUAL OBTRUSIVENESS; g . PROPOSED INGRESS AND EGRESS; h . AN EVALUATION OF THE APPLICANT'S PLANS FOR DEVELOPMENT OF ITS TELECOMMUNICATIONS FACILITIES ON THE SITE WHICH IS THE SUBJECT OF THE APPLICATION, AS WELL AS THOSE PLANS ON FILE FROM OTHER TELECOMMUNICATIONS PROVIDERS ; i. AN EVALUATION OF THE CRITERIA SET FORTH IN SUBSECTIONS D (APPLICATION) AND G (GENERAL GUIDELINES AND REQUIREMENTS) ABOVE ; j . AVAILABILITY OF SUITABLE EXISTING TOWERS AND OTHER STRUCTURES AS DISCUSSED IN SUBSECTION D(3) OF THIS SECTION. k . ANY OTHER INFORMATION THAT THE CITY DEEMS REASONABLY NECESSARY IN CONNECTION WITH THE REVIEW OF THE APPLICATION . 4 . AVAILABILITY OF SUITABLE EXISTING TOWERS OR OTHER STRUCTURES. NO NEW TOWERS SHALL BE PERMITTED UNLESS THE APPLICANT DEMONSTRATES TO THE REASONABLE SATISFACTION OF THE CITY THAT NO EXISTING TOWER OR STRUCTU RE CAN ACCOMMODATE THE APPLICANT'S NEEDS. EVIDENCE SUBMITTED TO DEMONSTRATE THAT NO EXISTING TOWER OR STRUCTURE CAN ACCOMMODATE THE APPLICANT'S PROPOSED ANTENNA MAY CONSIST OF THE FOLLOWING : a . NO EXISTING TOWERS OR STRUCTURES ARE LOCATED WITHIN THE GEOGRAPHIC AREA REQUIRED TO MEET THE APPLICANT'S ENGINEERING REQUIREMENTS . b . EXISTING TOWERS OR STRUCTURES ARE NOT OF SUFFICIENT HEIGHT TO MEET THE APPLICANT'S ENGINEERING REQUIREMENTS. ----- • .. • • 0 r. • • t• • . . c . EXISTING TOWERS OR STRUCTURES DO NOT HAVE SUFFICIENT STRUCTURAL STRENGTH TO SUPPORT APPLICANT'S PROPOSED ANTENNAE AND RELATED EQUIPMENT. d . THE APPLICANT'S PROPOSED ANTENNAE WOULD CAUSE ELECTROMAGNETIC INTERFERENCE WITH THE ANTENNAE ON THE EXISTING TOWERS OR STRUCTURES, OR THE ANTENNAE ON THE EXISTING TOWERS OR STRUCTURES WOULD CAUSE INTERFERENCE WITH THE APPLICANT'S PROPOSED ANTENNAE . e . THE APPLICANT DEMONSTRATES THAT THERE ARE OTHER LIMITING FACTORS THAT RENDER EXISTING TOWERS AND STRUCTURES UNSUITABLE . 5 . SETBACKS AND SEPARATION. THE FOLLOWING MINIMUM SETBACKS AND SEPARATION REQUIREMENTS SHALL APPLY TO ALL TOWERS AND ANTENNAE FOR WHICH A CONDITIONAL USE PERMIT IS REQUIRED . a . TOWERS MUST BE SET BACK A DISTANCE EQUAL TO THE HEIGHT OF THE TOWER FROM ANY RESIDENTIAL ZONED PROPERTY, OR FROM ANY RESIDENTIAL STRUCTURE IN ANY ZONING DISTRICT . b . THE TOWERS, GUYS, AND TELECOMMUNICATIONS FACILITIES MUST SATISFY THE MINIMUM ZONING DISTRICT SETBACK REQUIREMENTS , OR BE SET BACK A DISTANCE OF AT LEAST FIFTY PERCENT (50%) OF THE HEIGHT OF THE TOWER, WHICHEVER IS GREATER. c . TOWERS OVER SIXTY (60) FEET IN HEIGHT SHALL NOT BE LOCATED WITHIN ONE-QUARTER MILE FROM ANY EXISTING TOWER THAT IS OVER SEVENTY-FIVE (75) FEET IN HEIGHT, UNLESS THE APPLICANT HAS SHOWN TO THE SATISFACTION OF THE CITY THAT THERE ARE NO REASONABLY SUIT ABLE ALTERNATIVE SITES IN THE REQUIRED GEOGRAPHIC AREA WHICH CAN MEET THE APPLICANT'S NEEDS. 6 . SECURITY FENCING . TOWERS OTHER THAN ALTERNATIVE TOWER STRUCTURES MAY BE ENCLOSED BY SECURITY FENCING, OF A TYPE APPROVED BY THE CITY , NOT LESS THAN SIX FEET (6') IN HEIGHT AND SHALL BE EQUIPPED WITH AN APPROPRIATE ANTI-CLIMBING DEVICE . 7 . LANDSCAPING . THE FOLLOWING REQUIREMENTS SHALL GOVERN THE LANDSCAPING SURROUNDING TOWERS FOR WHICH A CONDITIONAL USE PERMIT IS REQUIRED . a . TOWER AND ANCILLARY TELECOMMUNICATIONS FACILITIES SHALL BE LANDSCAPED WITH A BUFFER OF PLANT MATERIALS THAT EFFECTIVELY SCREENS THE VIEW OF THE COMPOUND FROM ADJACENT PROPERTY. AND IN •. .. •· • 0 , ")" - - • 8 . . ' <. ACCORDANCE WITH E.M.C. 16-5-26. b . EXISTING MATURE T FORMS ON THE SITE MAXIMUM EXTENT P TOWERS SITED ON L. GROWTH AROUND TI- BUFFER. DECISION. THE DECISIO AN APPLICATION FOR A ' IN WRITING, BASED UPO AT A PUBLIC HEARING. • ' ,. • • LANDSCAPING STA.t'IDARDS IN GROWTH AND NATURAL LAND LL BE PRESERVED TO THE ,BLE. IN SOME CASES, SUCH AS E , WOODED LOTS. NATURAL !!:RIMETER MAY BE SUFFICIENT TO ~ WHETHER TO APPROVE OR DENY .DITIONAL USE PER."11T , SHALL BE UBSTANTIAL EV1DE:'.\'CE PRESENTED L . REMOVAL OF ABANDONED A rENNAE, TOWERS AND OTHER TELECOMMUNICATIONS FAC f..lTIES. ANY ANTENKA OR TOWER THAT IS NOT OPERATED FOR A 'ONTINUOUS PERIOD OF SIX MONTHS SHALL BE CONSIDEREL ABANDONED. THE CITY, IN ITS SOLE DISCRETION, MAY REQUirl.E AN ABANDONED TOWER, ANTENNA OR ANY OTHER ANCILLARY TELE C()MMUNICATIONS FACILITIES TO BE REMOVED. THE OWNER OF SUCH AN':"~NNA, TOWER OR ANY OTHER ANCILLARY TELECOMMUNICATlf" NS FACILITIES SHALL REMOVE THE SAME WITHIN NINETY (91 DAYS OF RECEIPT OF NOTICE FROM THE CITY NOTIFYING THE OWNER OF SUCH ABANDONMENT. UPON REMOVAL THE SITE SHALL BE RESTORED AND/OR REVEGETATED TO BLEND WITH THE SURROlJNDING ENVIRONMENT. IF SUCH ANTENNA. TOWER OR ANCILLARY TELECOMMUNICATIONS FACILITIES ARE NOT RE:\IOVED WITHIN SAID NINETY (90) DAYS, THE CITY MAY REMOVE AND DISPOSE OF THE SAME AT THE OWNER'S EXPENSE. IF THERE ARE TWO OR MORE USERS OF A SINGLE TOWER. THEN THIS PROVISION SHALL NOT BECOME EFFECTIVE UNTIL ALL USERS CEASE USING THE TOWER. ~~ . ' . . . .. ../ • • 0 l .. I • • FIGURE 1 TELECOMMUNICATIONS FACILITIES WNING LAND USE ZONE DISTRICTS CATEGORIES cu PU 0 STRUCTURES Alternative Tower Structure Tower Structure ANTENNAE Microwave Antenna Sectorized Panel Antenna Whip Antenna Conditional Uae Permitted Uae • • \ • R-1-A R-1 -B R-1-C PU PU PU cu cu cu PU PU PU PU PU PU PIJ PU PIJ R-2 PU cu PU PU I'll I R-2-C R-3 R-4 B-1 B-2 1-1 1-2 PU PU PU PU PU PU PU cu cu cu cuo cu PU PU r I . • PU PU PU PU PU PU PU PU PU PU PU PU PU PU PU PU PU PU PU PU PU '; ,., r • • • $ectjon 2. The City Council of the City of Englewood, Colorado hereby approves amending Title 16 , of the Englewood Municipal Code 1985, by moving Title 16, Chapter 4, Section 21 , entitled Satellite Dish Antennae, to Title 16 , Chapter 5, Section 30, which shall read as follows : ~:16-6-30: SATELLITE DISH ANTENNAE: A. Statement of Intent. The purpose of this Section is to set standards for the use of satellite receive-only earth stations in order to safeguard the health, safety and enjoyment of all the citizens of Englewood. The City Planning and Zoning Commission and the City Council recognize that residents of the City may wish to add to their television viewing pleasure by installing satellite dishes to improve reception or increase the number of choices available. It is the intent of this Section to facilitate the use of satellite dishes for thoee citizens who wish to enhance their television viewing and also to protect the health, safety and aesthetic objectives of all who live and/or work in Englewood. B. Applicability ol 9rlli-H Standards. 1. These regulations shall apply to any installation of satellite receive-only earth stations in the following districts: a . Residential districts: R·l·A, R·l·B, R-l·C, R-2 , R-2-C , R-2-C/S.P .S , R-3 and R-4 . b . Commercial districts: 8-1 and 8-2. c. lnduatrial districts: 1-1 and 1-2 . 2 . When a satellite dish, which was installed prior to the adoption of this 9r._ SECTION and not in conformance with this 9rt · aee SECTION, is chanaed or exchanged for another dish, the new mount shall comply with the resulations of this Section. C. Installation Requirements. 1. All Districts. a . ACCESSORY USE Permits 1hall be aecured for all Mtellite dishes and proper inapections aec:ured durinJ inatallation. b . Any roof-mounted Mtellite dish ahall have an ensineer'I certificate, verifying that the roof-mountinJ is etructurally aound and ,table. c. Satellite dish ANTENNAE ,hall be of a color harmonioue with the surroundings. There shall be no advertiain& in words or in picture,, other than the manufacturer'• name in amall letten. d . Satellite receive-only earth atationa, referred to u "aatellite dishes", •hall be considered u aoceuory atruc:tW"H. . ' • •· • 0 r .,,, I - 2. • • I• • <. Individual districts . a. b . R-1-A , R-1-B , R-1-C , R-2, R-2-C, R-2-C/S .P .S. (1) Satellite dishes shall not be mounted in front yards . (2) Satellite dishes shall be mounted behind the front building line of the principal conforming structure. If the adjoining property has a conforming principal structure located behind that building line, the dish shall be mounted in back of the front building line of the adjoining property. (3) The height of a free-standing ground-mounted satellite dish shall be limited to ten feet (10') at the top of the pole . (4) The dish shall be mounted no closer to the property line than the setback requirements for accessory structures in the zone district in which the property is located. (5) Satellite dishes shall not be mounted on the roof of the residential structure. (6) When a ground-mounted satellite dish must be elevated over a building for access to the transmitting satellite, the pole shall be attached to the structure and the dish height shall be the minimum necessary, as determined by the Chief Building Inspector. R-3 , R-4 . (1) Satellite dishes shall not be mounted forward of the front building line. (2) Satellite dishes may be mounted on roofs on residential buildings of more than four (4) units only or on other non-residential principal permitted uses. (3) Any roof-mounted satellite diah shall have an engineer's certificate submitted to the Building Department, verifying that the roof mounting is eound and stable. (4) Placement of ground-mounted dishes shall meet the same setback requirements as other permitted acce880ry uses , except the height limitation , which is ten feet (10') to the top of the pole . (5) When a ground-mounted satellite dish must be elevated over a building for acceu to tranamittin& satellites, the pole shall be attached to the 1tructure, and the dish heicht ,ball be the minimum neceuary u determmed by the Chief Building lnapector. "'~ • . .. • • , ]- ] • ,. • t• ·, • • C. B-2, B-2. (I) Satellite dishes shall be mounted on roof tops or in open space. Space for the dish shall not be included in the required landscaped areas . (2) Ground-mounted satellite dishes shall be placed in back of the front building line . (3) Satellite dishes shall not be mounted on any temporary structure or any vehicle, except for siting purposes . (4) Roof-mounted satellite dishes shall have an engineer's certificate submitted to the Building Department. d . 1-2, 1-2 . (1) Ground-mounted satellite dishes shall not be located in the area reserved for landscaping. (2) Satellite dishes shall not be mounted on any temporary structure or any vehicle, except for siting purposes . (3) Any roof-mounted satellite dishes shall have an engineer's certificate. D. Definitions. GROUND-MOUNTS: HARMONIOUS COLOR: SATEWTE DISH : The typical ground-mounted aatellite baa the antenna mounted on a pole which is at least three feet (3') deep in the cround, encaaed in concrete at least eight inchee (8") in diameter. The cable to the receiver i8 buried in the ground between the antenna and the atructure. The color is preferably a neutral color: off-white, black, dark green, or metallic, unleu the background i8 such that one of thoee would not blend with the surroundings. The aatellite receive-only earth atation antenna conaista of I) di.ah antenna which receivea communication from 1atellite1 in orbit; 2) a low-noiae amplifier (lna) at the focal point of the receivmc component; and 3) a CXIUial cable to carry the aicnal to the aatellite receiver, which tranaform, the low-frequency 1ipal to a televiaion 1ipal. -----' ' ' .. • • . , • 0 f --~ I ·]- .. '. SATELLITE RECEIVER: • >' • t• • The satellite receiver resembles a stereo receiver or amplifier with an array of knobs and controls. It is usually located near the TV set and allows tuning of any of the channels coming from the satellite. Another control rotates the dish to select which satellite at which to aim the antenna. Sectjon 3 . Safety C)auses The City Council, hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4. Sevemhj)jty If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent juriadiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 5 Inronaist,imt OnJjnaps;ea Nothing herein contained shall be deemed a waiver of the provisions of any other Code section or regulation applicable to telecommunications. If there is a conflict between the regulations in this Section and any other Code section or regulations, the more stringent regulations shall apply. Section 6 . Efrect of repeal or modification The repeal or modification of any provision of the Code of the City of Enclewood by this Ordinance shall not release, extinguish, alter, modify, or chanp in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which •hall have been incurred under 1uch provision, and each provision 1hall be treated and held as •till remaining in force for the purposes of sustaining any and all proper actiona, 1uit1, proceedings, and prosecutions for the enforcement of the penalty, forfeiture. or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered , entered, or made in such actions, suits, proceedings, or prosecutions. Sectjon 7. feDallx. The Penalty Provision ofE.M.C. Section 1-4-11hall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on fint reading on the lit day of June, 1998. ,. - . , • ' .. • • 0 I ]- • • P' • • '· Published as a Bill for an Ordinance on the 5th day of June, 1998. A Public Hearing was held on July 6 , 1998 Read by title and passed on final reading on the 20th day of July, 1998. Published by title as Ordinance No .~ Series of 1998, on the 24th day of July, 1998 . Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis. City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance paned on final reading and published by title as Ordinance No .~ Series of 1998. Loucriahia A . Ellia • l •, ,\' .. • • 0 f __ -_ I - ORDINANCE NO ._ SERIES OF 1998 '· • • • BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE ENACTING A NEW TITLE 5, CHAPTER 27 , OF THE ENGLEWOOD MUNICIPAL CODE 1985 ENTITLED TELECOMMUNICATION FACILITIES AND TOWERS . WHEREAS , with the passage of C. 8 . 29, the Englewood City Council will enact standards and regulations in regard to Telecommunications Antennae and Towers and Satellite Dishes in the City of Englewood; and WHEREAS, in order to protect the public health and safety of persons and property, this ordinance is considered necessary to ensure that towers and antennae are constructed, placed and maintained in a manner consistent with all applicable codes ; and WHEREAS, the City does not allow the transfer of this license to another location or person; 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 EncJewood , Colorado enact.a a new Title 5 , Chapter 27 , entitled Telecommunication Facilitiea and Towen, which ahall read as follows : SECTION : CHAPTER 27 TELECOMMUNICATION FACILITIES AND TOWERS 5-27-1 : Definitions 5-27-2 License Required 5-27-3 : Application for License 5-27-4 : Special Conditions and Re1trictiona of the Llcenae 5-27-1 : DEFINITIONS: FOR THE PURPOSE OF THIS CHAPTER THE FOLLOWING DEFINITIONS SHALL APPLY : • . 11 b H ... •· • 0 ' -' I ' ' , ? ]- • • TELECOMMUNICATION FACILITY: TOWER: • 0 I• • ANY FACILITY THAT TRANSMITS AND/OR RECEIVES ELECTROMAGNETIC SIGNALS. IT INCLUDES ANTENNAE, MICROWAVE DISHES, HORNS, AND OTHER TYPES OF EQUIPMENT FOR THE TRANSMISSION OR RECEIPT OF SUCH SIGNALS. TELECOMMUNICATIONS TOWERS OR SIMILAR STRUCTURES SUPPORTING SAID EQUIPMENT, EQUIPMENT BUILDINGS, PARKING AREA, AND OTHER ACCESSORY DEVELOPMENT. ANY STRUCTURE THAT IS DESIGNED AND CONSTRUCTED PRIMARILY FOR THE PURPOSE OF SUPPORTING ONE OR MORE ANTENNAE. INCLUDING SELF· SUPPORTING LATTICE TOWERS, GUY TOWERS, OR MONOPOLE TOWERS. THE TERM INCLUDES RADIO AND TELEVISION TRANSMISSION TOWERS, MICROWAVE TOWERS, COMMON CARRIER TOWERS, CELLULAR AND PERSONAL COMMUNICATIONS SERVICE TELEPHONE TOWERS. MAN-MADE TREES, AND OTHER SIMILAR STRUCTURES. 5-27-2: LICENSE REQUIRED: IT SHALL BE UNLAWFUL FOR ANY PERSON TO LOCATE ANY TELECOMMUNICATIONS TOWER OR FACILITY IN THE CITY OF ENGLEWOOD WITHOUT FIRST OBTAINING A LICENSE EXCEPT AMATEUR RADIO OR RECEIVE-ONLY ANTENNAE. 5-27-3: APPLICATION FOR LICENSE: THE APPLICATION FOR A TELECOMMUNICATIONS TOWER OR FACILITY LICENSE SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 5 , CHAPTER 1. 5-27-4: SPECIAL LICENSE REQUIREMENTS: TELECOMMUNICATIONS TOWER AND FACILITY LICENSE HOLDERS SHALL INFORM THE LICENSING OFFlCER OF ANY ADDITIONS TO ANY TOWER OR FACILITY AND PAY ANY APPLICABLE FEES WITHIN THIRTY (30) DAYS OF SUCH ADDITIONS. LICENSE SHALL NOT BE TRANSFERRED TO ANY PERSON OR ENTITY WITHO T THE WRITTEN PERMISSION OF THE CITY. Sect1on 2 . License Fee : License fees for this Chapter shall be determined and set by City Council in accordance with 5-1-8 ofthia Code . Sect1on 3. Safety CloYHI The City Council , hereby finda, determinea, and declares that thia Ordinance ii promulgated under the general police power of the City of Englewood, that it is promulgated for the health, aafety, and welfare of the public, and that thia Ordinance ia neceeaary for the preservation of health and safety 2 "~ • . .. I· • 0 '--I ]- • • • .. and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 4. Seyerability If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 5 Inconsistent On!io@ncee All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6 Effect of reoe@I or modjfigtion The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions , suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 7. fewl.).tx . The Penalty Provision ofE.M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and pused on first reading on the lat day of June, 1998. Published as a Bill for an Ordinance on the 6th day of June, 1998. Read by title and pused on final reading on the 20th day of July 1998. Published by title as Ordinance No . ~ Series of 1998, on the 24th day of July 1998 . Thomas J . Bums, Mayor ATTEST: Loucrishis A. Ellia, City Clerk I , Loucrishis A. Ellie, City Clerk of the City of Enslewood, Colorado, hereby certify that the above and foregoing ia • true copy of the Ordinance paned on final readinr and published by title a a Ordinance No . ~ Seriee of 1998. Loucrishis A. Ellie 3 . . • • • 0 • • • ,. - COUNCIL COMMUNICATION Date Agendaltem Subject Supplemental appropriation and transfer of funds from the Capital Projects Fund and General Fund to the Englewood Environmental July 20, 1998 11 Ci Foundation, Inc. Initiated By I Staff Source Financial Services Frank Gryglewicz, Director of Financial Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has expressed an interest in proceeding with an accelerated Cinderella City site preparation plan. The accelerated plan includes additional environmental remediation, demolition, fill material, and construction of Inca North. City Council discussed the plan at a study session on June 1, 1998. The value of the property after demolition of the property is estimated between $10.5 and $12 .5 million. RECOMMENDED ACTION Staff recommends City Council approve the attached resolution transferring and appropriating funds to the Englewood Environmental Foundation . The sources and uses of these funds are: SOURCE OF FUNDS: GENERAL FUND: Unreserved/Undesignated Fund Balance USE OF FUNDS: Transfers out to Capital Projects Fund SOURCE OF FUNDS: PUBLIC IMPROVEMENT FUND: City Hall Storage USE OF FUNDS: Transfers out to Capital Projects Fund SOURCE OF FUNDS: CAPITAL PROJECTS FUND: 1998 Capital Projects (See Attachment) Transfers in from Public Improvement Fund Transfers in from General Fund Total Sources of Funds $5,777,500 $5,777,500 $40,000 $40,000 $670,500 $40,000 ss.m.soo $6,488,000 •• .. ,. • 0 - - • • ·--• .. USE OF FUNDS: Transfer to EEF for Cinderella City site preparation The total uses of funds are currently estimated as follows: Additional environmental: Fill Material: Demolition: Inca North: Additional Holding Costs Total Use of Funds: $6,488,000 $518,000 $1,500,000 $4,000,000 $350,000 $120,000 $6,488,000 .... ' The additional environmental costs include $200,000 for bulbs and ballasts; $186,000 for Joslin's base bid, and $232,000 for the change order due to additional environmental clean up. The City anticipates the Economic Development Authority (EDA) and the Regional Transportation District (RTD) will join the City of Englewood in providing funding for this project. FINANCIAL IMPACT This appropriation and transfer will temporarily reduce the General Fund unreserved/undesignated fund balance by $5,777,500. These funds will be reimbursed from proceeds of land sales and/or proceeds from a planned certificate of participation. The funds transferred from the Public Improvement ($40,000) and Capital Projects ($670,500) Funds were originaly budgeted for projects at the existing City Hall. These funds are available for use at the Cinderella City site, since the existing City Hall will be vacated when the new City Hall is completed. UST OF ATTACHMENTS Proposed resolution List ot City Han projects . , • ' .. • • 0 f ........ ~ I ]- • • • (. The following are City Hall, Library, and Mwlicipal Coons : Carpet replacement-Council, Court, Financial Services : City Hall Interior Signage City Hall Electrical Upgrade City Hall Boiler Replacement City Hall Roof Drain System City Hall Electrical Switch Gear City Hall Rcmodel TOTAL $12,000 8,000 S0 ,000 22,500 23,000 55,000 500,000 $670,500 ,, ~ • . t• .. ., • • 0 • • • RESOLUTION N0.1' ( -rdf //ii SERIES OF 1998 ~~ f '1!/' A RESOLUTIOij~OPRIATION AND TRANSFER OF FUNDS FROM THE 1998 BUDGET TO THE ENGLEWOOD ENVIRONMENTAL FOUNDATION FOR AN ACCELERATED CINDERELLA CITY SITE PREPARATION PLAN. 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 passage of this Resolution will appropriate the funds needed for the accelerated Cinderella City site preparation plan; and WHEREAS , use of such funds shall be limited to additional environmental remediation, demolition , fill material and construction of Inca North; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT : Sectjon 1. The City of Englewood 1998 Budget is hereby amended as follows : GENERALFUND: Source of Fuode : Unreserved/Undesignated Fund Balance Use, of Funde · Tra~fers out to Capital Project.a Fund PUBLIC IMPROVEMENT FUND: Source of Fuode : City Hall Storage l Je of Funde : Transfers out to Capital Projects Fund CAPITAL PROJECTS FUND: Source of Funde : 1998 Capital Projects Transfers in from Public Improvement Fund Transfers in from General Fund Total Sources of Funds Uses of Funde- Transfer to EEF for Cinderella City the accelerated site preparation. Use of auch funds ahall be limited to additional environmental remediation, demolition , fill material and construction of Inca North. $5,777 ,500 $5,777 ,500 S 40.000 S 40,000 $ 670 ,500 $ 40,000 SA 788 000 $6,488.000 $6,488,000 ' . 4 , ,, , . . • . .. •· • 0 I I ]- • • • <. $ectjon 2. The City Manager and the Director of Financial Services are hereby authori:r.ed to make the above changes to the 1998 Budget of the City of Englewood . ADOPTED AND APPROVED this 20th of July, 1998 . ATTEST: Thomas J. Burns, Mayor Loucrishia A. ElliB, City Clerk I, Loucrishia A. ElliB , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No .~ Series of 1998. Loucriahia A. ElliB -----' . ' ·- .: • • 0 f --, I - • • • • Section 2. The City Manager and the Director of Financial Services are hereby authorized to make the above changes to the 1998 Budget of the City of Englewood . ADOPTED AND APPROVED this 20th of July, 1998. ATTEST: Thomas J . Burns, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No.~ Series of 1998. Loucmbia A. Ellis . . .. • • 0 I ,.,. .... ~ I • .. - .. • • . . 1/iii RESOLUTION NO . 62--- SERIES OF 1998 A RESOLUTION ESTABLISHING FEES FOR TELECOMMUNICATIONS FACILITIES AND TOWERS LICENSES UNDER TITLE 5, CHAPTER 27, OF THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS, the City Council of the City of Englewood, Colorado has amended the Englewood Municipal Code with the passage of C.B. 30, Series of 1998 requiring telecommunication towers and telecommunications facilities to be licensed; and WHEREAS, license fees are set by Council resolution on an annual basis; and WHEREAS , this resolution establishes license fees for Telecommunications Facilities and Towers as a result of additional costs incurred by the City and the nature of these uses; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT: Sectjon 1. The City Council of the City of Englewood, Colorado hereby approves the following fees for Telecommunications Facilities and Towers : A. Telecommunication Tower License Fee : Annual Renewal Fee : B . Telecommunicatiom Facility License Fee: Annual Renewal Fee : $200.00 $ 25.00 $100.00 $ 25.00 Sectjop 2. The fee, are eeparate feea for each Te&eoo-unication Facility. For example, an antenna on an alternative tower atructure would be charpd one licenee fee for each antenna and auociated facility . A free atandinc tower bu a eeparate fee in addition to the facility fee . ADOPTED AND APPROVED this 20th day of July, 1998 . Thoma, J . Burna, Mayor ATTEST : Loucrishis A. Ellis , City Clerk I , Loucrishia A. Ellis , City Clerk for the City of Eqlewood, Colorado, hereby certify the above is a true copy of Reaolution No .~ Series of 1998. Loucriahia A. Ellia . ' .. • • 0 I ~? I -• ,,,_ • • (, COUNCIL COMMUNICATION Date Agenda Item Subject Resolution establishing fees for Telecom- munication Facilities Licenses July 20, 1998 11 C ii under Title 5, Chapter 27 Initiated By Financial Services I Staff Source Frank Gryglewicz, Director of Financial Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This resolution establishes fees for telecommunication facilities (towers and facilities). Establishing fees by resolution is required by Title 5, Chapter 1. City Council discussed the Telecommunications Ordinance at a study session held on April 6, 1998. Council adopted Council Bill 30 on first reading on June 1, 1998 and on second reading June 15 , 1998. RECOMMENDED ACTION Staff recommends City Council approve this resolution establishing fees for telecommunication facilities . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED No fees have been previously established since this is a new license . Fees are set by resolution to allow City Council flexibility in reviewing and setting fees. No altematives were identified. FINANCIAL IMPACT This is a new license, so no fees have been collected for these licenses in the past. Fees are set as follows: Initial Telecommunication Tower License Fee: Initial Telecommunication Facility License Fee: Annual Renewal Fee (covers administrative costs) LIST OF ATTACHMENTS Copy of proposed resolution $200.00 $100.00 $25.00 . ' .. ... ; •· • 0 ]- -- Date July 20, 1998 Initiated By • • , . • '· COUNCIL COMMUNICATION Agenda Hem 11 C iii Staff Source ,- Subject Collective Bargaining Agreement between the City of Englewood and the EEA for 1999, 2000, and 2001 Administrative Services Jackie Meadows, Acting Co-Director of Administrative Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The previous Collective Bargaining Agreement with the Englewood Employees Association was approved by Council for 1997 and 1998. The agreement included a provision (Article 9 , section E) for the negotiation of 1999 salary, in 1998. RECOMMENDED ACTION Staff requests Council approval by resolution of the Collective Bargaining Agreement between the Englewood Employees Association and the City of Englewood for 1999, 2000 and 2001 . The contract covers approximately 191 employees . BACKGROUND, ANAL VSIS, AND ALTERNATIVES IDENTIFIED The C ity of Englewood and the Englewood Employees Association entered into negotiations in May of 1998 in accordance with the City of Englewood Charter. The members of the Englewood Employees Association duty ratified, by a majority vote , the Collective Bargaining Agreement. Significant changes to the contract include the following : 1. Under Article 9, page 5 , employees covered by the Contract will receive a three percent (3 .0%) increase on the 1998 base wage rate effective January 1, 1999 and a three percent (3 .0%) increase on the 1999 base wage rate effective January 1, 2000. Salary for 2001 will be negotiated in 2000 . 2 . Under Article 12 , page 8 , the last sentence of Article 12 was modified to read as follows ; "Personal leave shall be prorated for employees beginning and terminating employment with the City during the November 1 -October 31 time period ." The previous contract indicated the time period as "during the calendar year". ' . ' ' ,; •· • 0 , ~• • • •, • ... .. 3 . A new article, Article 33 Labor Management Committee, will be added to page 20 of the contract. Article 33 will read as follows; "A labor management committee consisting of four (4) members appointed by the union and four (4) members appointed by the City shall meet on a quarterly basis. The committee will only deal with group issues that are not dealt with through other existing committees or grievance procedures. The union will send its agenda items to the Administrative Services Director at least one (1) week prior to the date of the quarterly meeting: The current Article 33 will be re-titled Article 34. FINANCIAL IMPACT • The impact of the increase on wages, and benefits impacted by wages, is approximately $237,669 for 1999 and $244,800 for 2000. UST OF ATTACHMENTS Proposed Resolution . ,, .. \ • • 0 I --I - RESOLUTION NO . @ SERIES OF 1998 .. • • • ... //tiii A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY 1, 1999 THROUGH DECEMBER 31 , 2001. WHEREAS , the previous Collective Bargaining Agreement with the Englewood Employees Association was effective from January 1, 1997 through December 31 , 1998 ; and WHEREAS , the City of Englewood and the Englewood Employees Association entered into negotiations on May 15, 1998 in accordance with the Englewood City Home Rule Charter; and WHEREAS, the members of the Englewood Employees Association duly ratified, by a majority of the members, the Collective Bargaining Agreement; and WHEREAS , approval by the Englewood City Council of the Collective Bargaining Agreement between the Englewood Employees Association and the City of Englewood for the the period of January 1, 1999 through December 31 , 2001 , ia hereby given ; NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : $ectjop l . The City Council of the City of Englewood, Colorado hereby approves the Collective Bargaining Agreement between the Englewood Employeee Association and the City of Englewood for the period of January 1, 1999 through December 31, 2001. $ectjon 2. The Mayor and the City Clerk are hereby authorized to sign and attest the Collective Bargaining Agreement between the Englewood Employees Association and the City of Englewood , Colorado, for the period of January 1, 1999 through December 31 , 2001. ADOPTED AND APPROVED thia 2~ day of July, 1998 . Thomas J . Burns, Mayor ATTEST : Loucriahia A. Ellia , City Clerk I, Loucriahia A. Ellis, City Clerk for the City ofEnclewood , Colorado, hereby certify the above is a true copy of Reaolution No .~ Serie, of 1998. Loucriahia A. Ellis ------ "~ . • • • • 0 f " ~ I ]- • • ,~ • . , COLLECTIVE BARGAINING AGREEMENT BE1WEEN 11IE CITY OF ENGLEWOOD ANDTIIE ENGLEWOOD EMPLOYEES ASSOCIATION JANUARY 1, lffl -DECEMBER 31, 2001 6' - . ' • ' 0 • • 0 , "' • -. ,~ • <, INDEX PAGE ARTICLE 1 INTRODUCTION 1 ARTICLE 2 DURATION OF CONTRACT 2 ARTICLE 3 RECOGNmON 3 ARTICLE 4 EMPLOYEE RIGHfS 3 ARTICLE 5 HOURS OF WORK 3 ARTICLE 6 OVERTIME WORK 4 ARTICLE 7 ACTING PAY 4 ARTICLE 8 MERIT INCREASES s ARTICLE 9 COMPENSATION 5 ARTICLE 10 LONGEVITY COMPENSATION 6 ARTICLE 11 ANNUAL LEA VE 6 ARTICLE 12 PERSONAL LEA VE 8 ARTICLE 13 DISABllJTY -TEMPORARY (NON-JOB RELATED) 9 ARTICLE 14 ON-TIIE-JOB INJURY -DISABllJTY 10 ARTICLE 15 MIUTARY LEA VE 11 ARTICLE 16 FUNERAL LEA VE 11 ARTICLE 17 JURY DUTY AND WITNESS SERVICE 12 ARTICLE 18 HOLIDAYS 12 ~ • • • 0 I ~ I • ]- • •, • ARTICLE 19 UNIFORM CLEANING ALLOWANCE 13 ARTICLE20 rumoN REFUND 13 ARTICLE 21 LIFE INSURANCE 13 ARTICLE22 DENTAL INSURANCE 13 ARTICLE 23 HEALTII INSURANCE • EMPLOYEE/RETIREES 14 ARTICLE 24 RETIREMENT BENEFITS 14 .. ARTICLE25 LAYOFF 14 ARTICLE 26 LEAVE OF ABSENCE (WflllOUT PAY) 1S ARTICLE 27 GRIEVANCE PROCEDURE 16 ARTICLE 28 LE1TER OF CORRECTIVE AcnON 17 ARTICLE 29 DUES DEDUCTION 18 ARTICLE30 ASSOCIATION ACTIVITIES 19 ARTICLE 31 STANDBY PAY 20 ARTICLE 32 CAllBACK 20 ARTICLE33 LABOR MANAGEMENT COMMITl'EE 20 ARTICLE 34 EXO.USIVENESS OF CON"IRACT 20 • • • • ii 0 f .,'"' I -• • t~ ·, • '· CONTRACT BElWEEN TIIE CITY OF ENGLEWOOD ANDTIIE ENGLEWOOD EMPLOYEES ASSOCIATION ARTICLE 1. IN1RODUCTION This contract entered into by the City of Englewood, Colorado, and the Englewood Employees Association has as its purpose the promotion of harmonious relations between the City of Englewood and its Employees, a fair and peaceful procedure for the resolution of differences; the establishment of rates of pay and hours of work, and other conditions of employment an set out in the City Charter. Except where limited by express provisions elsewhere in this Contract, nothing in this Contract shall be construed to restrict, limit or impair the rights, powers and authority of the City as granted to it under the laws of the State of Colorado and the City's Chancr and Municipal Code. The rights, powers, and authority include, but arc not limited to, the - following: A. Determine the overall mission of the City as a unit of government. 8. To maintain and improve the efficiency and effectiveness of City operations. C. To determine the services to be rendered, the operations to be performed, the technology to be utilized, or the matters to be budgeted. D. To determine the overall methods, processes, means, job classifications or personnel by which city operations are to be conducted E. To direct, supervise, hire, promote, transfer, assign. schedule, retain or lay-off employees. F. To suspend, discipline, discharge , or demote for just cause, all full-time permanent classified employees. G . To relieve employees from duties because of lack of work or funds, or under conditions where the City determines continued work would be inefficient or nonproductive . ... • • 0 I I ]- • 0 • H. To take whatever other actions may be necessary to carry out the wishes of the public not otherwise specified herein or limited by a collective bargaining Contract. I. To take any and all actions to carry out the mission of the City in cases of emergency. J. Nothing contained herein shall preclude the City from conferring with its employees for purposes of developing policies to effectuate or implement any of the above enumerated rights. The City retains the right to change any past practice which is not in violation with this Contract. In the event a past practice is sought to be changed by the City Manager or Department Heads, the Englewood Employees Association will be provided reasonable written notice of the intended change. The Englewood Employees Association retains the right to grieve any change in practice which is in violation of this Contract. ARTICLE 2. DURATION OF CONTRACT A This contract will take effect on January 1, 1999, and shall continue in force to and including December 31, 2001, provided that either party may reopen negotiations for Anicle 9 by giving written notice of intent to negotiate Article 9.E prior to May 15, 2000; and negotiations on salary, dental insurance and health insurance, -employee/retiree for 2001 will be held in 2000 in accordance with the Charter. The City will notify the Union three (3) months prior to commencement of negotiations if there is a need to negotiate on dental or health insurance. B. This contract or any part of it, may be terminated or renegotiated at any time by mutual consent of both parties. C. If any article or section of this contract should be held invalid by operation of law or any Court of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such Court, the remainder of this contract shall not be affected thereby and this Contract shall remain in full force and effect, and the parties shall promptly meet and oeaotiate for the purpose of attempting to arrive at a mutually satisfactory replacement for such article or section. D. The parties agree and understand that provisions relating to employees covered by this contract shall in no way displace or modify present or future statutory case law of the State of Colorado. E. The parties acknowledge that during negotiations which resulted in this contract, each had the unlimited right and opponunity to make demands and proposals with respect to any subject or matter appropriate for Contract neaotiations and that the understandings and agreements arrived at by the parties after this exercise of that right and opportunity are set fonh in the contract. 2 •. .. •· • 0 , I • • • ARTICLE J. RECOGNITION The Oty recognizes the Englewood Employees Association/ AFSCME Local #303 as the sole organization certified pursuant to the provisiom of the Charter of the City of Englewood as the exclusive representative for the public employees within the following bargaining unit: Included: All full-time, classified non-emergency employees of the Oty. Excluded: All supervisory, managerial, ooofidential, part-time, temporary, seasonal. and contractual employees, students, and all employees hired through the use of Federal, state or other outside funding sources for special projects or programs, and all others who may be determined prior to or during the life of this Contract as provided under the City Charter. NOTE: For legal authority see City Charter 137:1, 137:2 b, c, m, m 1-6, n, o, and 137:3. Also see 137:2 (k) re: employee rights of association. ARTICLE 4. EMPLOYEE RIGHTS A full-time classified employee who is not a confidential employee, a managerial employee, or a supervisor shall have the right: A. To form, join, support or participate in, or to refrain from forming, joining, supporting, or participating in the employee organization or its lawful activities; and B. Bargain collectively through their certified employee representative. C. No employee shall be interfered with, restrained, coerced or discriminated against because of the exercise of these rights nor shall the right of an individual employee to discuss employment concerns with the City be infringed upon. NOTE: For legal authority see Employee Rights of Association 137:2(k) of the City Charter. ARTICLE 5. HOURS OF WORK All departments, functions or activities shall observe office and working boun necessary for the efficient transaction of their respective services. Such have been determined for non-emergency employees as follows: A. All employees covered by this Contract shall work at least forty ( 40) boun per week, or in the case of shift work, an avera,e of forty (40) hours per week. 1be work week 3 • < • . .. •· • 0 ' -' , . ..,., I I • ·, • <. shall consist of five (5) eight-hour shifts, or other work schedules as determined by the department bead with approval of the City Manager. All employees shall be scbeduled to work a regular work schedule and each work schedule shall have a regular starting and quitting time. Should the work scbedule be changed, affected employees will be notified 24 hours in advance except in the case of an emergency as determined by the Department Director. B. Employees shall be entitled to two (2) rest periods not to exceed fifteen (15) minutes or one ( 1) thirty (30) minute rest period for each work schedule. Rest periods shall be under the control of the supervisor or department bead. C. When possible, employees who work beyond their regular quitting time into an overtime situation shall be eligible for a fifteen (15) minute rest period before they begin the overtime work. When pos51l>le, additional rest periods shall be granted under the control of the supervisor or department bead similar to rest periods granted under subparagraph B above. D. When necessary, employees shall be granted a fifteen (15) minute personal clean-up period prior to the end of each work schedule. The clean-up period shall be under the control of the supervisor or department bead. E. All employees shall be granted a lunch period during each work schedule. Whenever posstole, the lunch period shall be scheduled at the middle of each work schedule. All11CLE 6. OVERTIME WORK A For all employees covered by this Contract. except as specified below, duties performed over and above the assigned work schedule shall be considered overtime. Overtime shall not be computed nor compensation allotted on previously accrued overtime. B. All personnel subject to overtime shall be compensated for overtime work at the rate of one and one-half (1-1/2) times the normal pay rate or compensatory time off during normal work hours, computed at the rate of one and one-half (1-1/2) times. The City retains the right to assign overtime work to any employee qualified to perform the work. ARTICLE 7. ACTING PAY All persons appointed to an acting poiition at the sole discretion of the Director will be compensated at the minimum of the actiq position, or 5%, whichever is ,reater, for the position for which he/she is acting u approved by the Director of said DcpartmenL The employee must be in an acting capacity for forty-eight (48) comeaative working boun 4 • . .. • • 0 I ~• -• • - (excluding overtime) before said employee becomes eligible for acting pay. Such pay will be retroactive to the first day employee assumes the responsibility of the position. ARTICLE 8. MERIT INCREASES All merit increases provided for the employee will be considered upon the anniversary date and shall not be considered automatic. but rather, based upon performance. Said merit increase may be granted or denied to any individual employee upon recommendation of the department head and with the approval of the City Manager upon notice to such individual employee. The date in which the merit increase is approved shall determine the new merit anniversary date. ARTICLE 9. COMPENSATION A. Each employee in the classified service shall be paid at one of the rates set forth in the pay plan for the class in which they are employed. B. At least the minimum rate of pay for a class shall be paid to an employee who is starting his employment with the City. C. When a regular full-time position not under the classified service is brought into the classified service, the rate of pay of the incumbent may be set by the City at the step closest to his current rate in the grade established for the class. In such cases there will be no reduction in pay. D. A change in anniversary date will result when: (1) 1be employee is on leave without pay. 1be previous anniversary date shall be adjusted one month for each twenty-two (22) working days of leave without pay in any twelve (12) month period. (2) 1be employee terminates his employment and later is reemployed. The new anniversary date sball be determined by his new employment date. (3) When it is de ermined that the employee merits an increase, the date of the increase will determine the new anniversary date. E. Employees of the City of Englewood represented by the Englewood Employees Association and covered by this Contract sball receive a three percent (3.0%) increase on the 1998 base wage rate effective January l, 1999; and an additional three percent (3.0%) increase on the 1999 base waae rate effective January 1, 2000. Salary for 2001 will be negotiated in 2000. 5 • .. •· • 0 , 7 • • ARTICLE 10. LONGEVI1Y COMPENSATION In addition to an em,ployee's monthly salary, the employee shall be eligible for longevity compensation based upon the number of years of continuous service with the City and shall be derived from the following schedule: Years of ~ 0-4 5-9 10-14 15-19 20 or more Amount of Compcnsatjon None S12 per month for $144 per year, except for those employees who have not completed 6 full years of continuous service on December 1 of any year, which employees shall receive an amount equal to $12 for each full month of completed continuous service after completion of 5 years of continuous service up to December 1. $24 per month for $288 per year, except for those employees who have not completed 11 full years of continuous service on December 1 of any year, which employees shall receive S144 plus an amount equal to S 12 for each full month of completed continuous service after completion of 10 years of continuous service up to December 1. $36 per month for $432 per year, except for those employees who have not completed 16 full years of continuous service on December 1 of any year, which employee shall receive $288 plus an amount equal to S 12 for each full month of completed continuous service after completion of 15 years of service up to December 1. $48 per month for $576 per year, except for those employees who have not completed 21 full years of continuous service on December 1 of any year, which employee sball receive $432 plus an amount equal to S 12 for each full month of completed continuous service after completion of 20 years of continuous service up to December 1. Effective January 1, 1984, and thereafter, all new hires shall not be eligible for longevity compensation as provided for under this Anicle. ARTICLE 11. ANNUAL LEA VE A. Employees hired prior to January 1, 1984, and covered by this Contract sball accumulate annual leave each pay period at the rate of 4.62 boun per pay period of active service. Annual leave shall not be granted to any employee u.ntil after completion of twelve ( 12) months consecutive service with the City u.nleu otherwise authorized by tbe department head. In order to qualify for annual leave credit durina the pay period, tbe employee must 6 • . .. ., •· • ',,; • " - 0 - have worked for at least one-half {1/2) of the working days of that pay period excluding authorized paid leave. For those employees having less than ten (10) years continuous service, the maximum accumulation of annual leave shall be thirty (30) days. B. After ten {10) years of continuous service with the City, employees shall accumulate annual leave at the rate of 6.15 bows of annual leave per pay period of active service. in order to qualify for annual leave aedit during the pay period, the employee must have worked for at least one-half (1/2) of the working days of that pay period excluding authorized paid leave. The marimnm accumulation shall be 40 days. C. Employees hired after January 1, 1984, and thereafter, covered by this Contract shall accumulate annual leave each pay period as follows: Maximum Ag;rual 1. 0-4 Years 3.08 Hrs/Pay Period 160 Hrs. 2. 5-9 Years 4.62 Hrs/Pay Period 240 Hrs. 3. 10+ Years 6.15 Hrs/Pay Period 320 Hrs. D. Accumulation of annual leave sball neither be authorized nor computed for any purpose after the maximum accumulation bas been reached. The schedule for use of annual leave shall be determined by the needs of the Department. Annual leave sball be taken at the time convenient to and approved by the Department Head or Supervisor. However, the City will make reasonable efforts to accommodate the request of an employee to use annual leave where a genuine emergency situation exists. Annual Leave Pay The rate of annual leave pay shall be the employee's regular straight time hourly rate of pay for the employee's regular job and charged on a working hour basis, excluding holidays and regular days off. Annual leave shall be allowed only to the total hourly amount accumulated at the beginning of the leave, as verified by the department head. Employees may receive their annual leave pay no earlier than three (3) days prior to the start of their annual leave, provided the employees make a written request to their supervisor fifteen (15) calendar days prior to the start of their annual leave-. 7 .. •· • C ' • 0 (• - Work DurinK Annual Leave If after the employee bas begun bis/her annual leave and the City requires the employee to work during the scheduled annual leave period, the employee shall not be charged with vacation time for the number of hours worked. Hew Chaaed Annual leave for employees shall be charged on a work-day basis excluding regular days off. Annual Leave Upon Separation Any employee who is separated from the service of the City, i.e., retirement. termination or layoff. shall be compensated for the unused annual leave time accumulated at the time of separation. ARTICLE 12. PERSONAL LEA VE Effective January 1, 1988, all employees covered by this Contract shall be granted 48 hours of personal leave time with pay which an employee is entitled to use for the following purposes: A Time lost as a result of illness/injury to the employee or the employees immediate family. B. Attend personal business. C. Leisure time. For any employee who bas not used the 48 hours of personal leave time ending October 31 of each year or any portion thereof, the City will compensate said employee for the unused time at the employees regular wage rate to be paid during the month of November of that year. Personal leave time shall not exceed 48 hours nor shall it be accumulated or carried over from one year to the next. Personal leave shall be scheduled and administered under the direction of the department bead or supervisor. In the event of illness/injury in which personal leave is requested, shift work employees shall notify their supervisor at least one ( 1) hour prior to their scheduled reporting time, all other employees shall report at the beginning of their scheduled report time. Personal leave shall be prorated for employees beginning and terminating employment with the City during the November 1 -October 31 time period. 8 •. ... •· • 0 , ') -• • • ARTICLE 13. DISABllifY -TEMPORARY (NON-JOB RELATED) Definition Temporary disability is leave granted for non-service connected injwy or illness of an employee which disability prevents the employee from performing bis/her duties as a City employee. Proyjsjon For employees hired prior to January 1, 1984, the Oty agrees to provide temporary disability leave with pay for employees absent u a result of illness/injury at the rate of 100% of the employee's regular wage up to 693 working hours of disability. For employees hired prior to January l, 1984, temporary disability leave shall not be accumulative except that on January 1 of each year the City shall restore 100% of the number of days used by an employee during the preceding year up to a maximum of 347 working hours. For employees hired after January 1, 1984, and thereafter, and covered by the terms of this Contract, the city agrees to provide said employees temporary disability leave with pay for employees absent as a result of illness/injwy as follows: 0-4 years 5-9 years 10+ years 347 working hours 520 working hours 693 working hours For employees hired after January 1, 1984, and thereafter, temporary disability leave shall not be accumulative except that on January 1 of each year the Qty shall restore 100% of the number of days used by an employee during the preceding year u follows: 0-4 years 5-9 years lO+years Utilization up to a maximum of 173 working hours up to a maximum of 260 working hours up to a maximum of 347 working hours A Authorization for temporary disability leave with pay shall only be granted after the first eight hours of disability. B. Authorization for temporary disability shall only be granted for the following reasons: 1. Personal illness or injury not service connected, including maternity. 9 • . .. .i • • 0 - ' • 'l ' , ') - • • 0 • Sick Leave Q.ptjon All sick leave accrued by permanent employees prior to January 1, 1980 shall vest with the employee, and may be used in the following manner: A After the 120 days as described above, have been used, unless the employee is entitled for retirement as a result of disability. 8. By cashing in all accrued sick leave accumulated under the previous plan upon normal retirement from the City at the rate of one hour's pay for each two hours of accrued sick leave or one hour's pay for each four hours upon separation from the City. C. By cashing in accrued sick leave under the previous plan, once each year at the conversion rate of four (4) hours sick leave for one (1) hour pay, not to exceed a conversion of more than 400 hours each year. RepooioK of Temporazy PisabjJjty The employee or a member of the employees household shall notify the employee's supervisor prior to the employee's scheduled reporting time. No temporary disability leave will be granted to an employee who fails to notify their supervisor prior to the beginning of the employee's work schedule. Verification of PisabjJjty If the Department Director or immediate dcsignee requires a physician's statement verifying temporary disability, the City shall bear the cost for such physician's statement. Abuse of Iemporazy PisahiUlY Abuse of temporary disability occun when an employee misrepresents the actual reason for requesting temporary disability or when an employee uses temporary disability leave for unauthorized purposes. An employee who makes a false claim for temporary disability leave shall be subject to disciplinary action or dismissal. ARTICLE 14. ON-TIIE-JOB INJURY· DISABILITY A For any on-the-job injury which causes an employee to be absent from work as a result of such injury, the City shall pay to such employee bis full wages from the first day of bis absence from work up to and including the 90th calendar day of such absence, less whatever sums received by the employee as disability benefits under workmen's compensation. The City reserves the right to require any employee on injury or disability leave to submit to an examination(s) by City-appointed pbysician(s) at the City's expense or under the provision of workmen's compensation. The employee will not be charged sick leave for disability under this Article. 10 ,, - ·- .,; •· • e , 2 - • • • • 0 • B. All injuries that occur during working hours shall be reported to the employee's supervisor within 24 hours of the injury or before the employee leaves their depanment of employment. ARTICLE 15. MilIT ARY LEA VE A Any permanent or probationary employee who enlists or is inducted into the military, naval. air or the armed services of the United States in time of war shall be entitled to a leave of absence without pay for the duration of such war or until honorably discharged, whichever occurs first, and for one (1) year thereafter. B. Any employee who shall be a member of the National Guard or any other component of the military forces of the State, now or hereafter organized or constituted under the State or federal law, or who shall be a member of the reserved forces of the United States, now or hereafter organized or constituted under federal law, shall be entitled to leave of absence from his employment without loss of pay, seniority, status, efficiency rating, vacation, sick leave or other benefits or all the items when he is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for State or federal purposes, but not exceeding fifteen (15) days in any calendar year. Such leave shall be allowed in case the required military service is satisfactorily performed, which shall be presumed unless the contrary is established. C. Such leave shall not be allowed unless the employee returns to his public position immediately upon being relieved from such military service and not later than the expiration of the time herein limited for such leave, unless he is prevented from so returning by physical or mental disability or other cause not due to bis own fault or is required by proper authorities to continue in such military service beyond the time herein limited for such leave. D. Subject to provision A. B and C above, the City shall provide full pay to an employee granted military leave, less whatever compensation the employee may have received by the military for such service. ARTICLE 16. FUNERAL LEA VE The Department Head shall grant leave with pay to an employee to attend the funeral of a member of the employee's family. The number of days granted shall be governed by the circumstances of the case, but in no event shall they exceed five (5) working days. For the purposes of this section "employee's family" shall mean the employee's spouse, or the children, grandchildren, parents, grandparents, brothers and sisters of the employee or the employee's spouse, or the employee's stepparents, stepchildren, stepbrothers and stepsisters. Annual leave may be granted by the Department Head if additional time off is deemed appropriate. 11 • - ' •· • 0 '32xl - • • 0 • ARTICLE 17. JURY DUTY AND WITNESS SERVICE Leave may be granted to an employee for serving on jwy duty or as a witness in bis official capacity in obedience to a subpoena or direction by legal authority. He shall be entitled to the difference between bis regular compensation and the fees received for jwy duty or as a witness. When he is subpoenaed as a witness in private litigation to testify, not in bis official capacity but as an individual, the time absent by reasons thereof shall be taken as annual leave or leave without pay. ARTICLE 18. HOUDA YS A The following days shall be considered official holidays by the City: 1. New Year's Day: January 1. 2. Washington's Birthday: the third Monday in February 3. Memorial Day: the last Monday in May. 4. Independence Day: July 4 5. Labor Day: the first Monday in September. 6. Veteran's Day: November 11. 7. Thanksgiving Day: the fourth Thursday in November. 8. Fourth Friday of November following Thanksgiving Day. 9. Christmas Eve: December 24. 10. Christmas Day: December 25. 11. New Year's Eve: December 31. B. Any employee covered by this Contract who does not perform duty scheduled on the working days or have approved paid leave immediately prior to and following a holiday shall not receive pay for the holiday unless otherwise authorized by the Department head. C. Eligible employees other than shift work employees at the Wastewater Treatment Plant shall receive one day's pay or equivalent time off at the discretion of the department head for each of the holidays on which they perform no work. Employees required to work on an official City holiday shall receive one and one-half (11/2) times the employee's regular rate of pay for all hours actually worked in addition to the employee's regular pay for the holiday or time off at the rate of one and one-half (1 1/2) times the number of hours actually worked at the discretion of the department head. D. When one of the foregoing holidays falls on a Sunday, the following Monday shall be observed as the legal holiday. When any of the foregoing holidays fall on a Saturday, each employee shall be entitled to a day off for such holiday, which day off shall be scheduled as the City Manager determines, but no specific day shall be observed as a holiday for purpose of closing City offices and functions. 12 -• ... I· • 0 • "' - - ARTICLE 19. UNIFORM CLEANING AI.LOW ANCE li an employee is required to wear a uniform. the employee shall wear the uniform only as authorized by the department work rules. The City will continue to provide uniforms, cleaning and replacements. The City will provide SO% of the cost of required work shoes up to a maximum of $70 per year except with department head approval. All employees shall maintain a presentable appearance while on duty. The employee is responsible for any damage to the uniform by negligence or deliberate act. ARTICLE 20. TUmON REFUND Upon recommendation of the department head and after prior approval of the City Manager, the City of Englewood may reimburse employees covered by this Contract upon successful completion of an approved course or courses in education or vocational training at the public institution rate. The course or training must be related to the work and be designed to improve competence in the job, and be of value to the employee's service to the City. This shall include all tuition, and required texts. ARTICLE 21. LIFE INSURANCE A $30,000 Term Life Insurance will be provided by the City for employees who have completed one (1) year of continuous employment with the City. A conversion privilege upon retirement of 50% coverqe payable by the employee will be made available by the City for said retired employee. ARTICLE 22. DENT AL INSURANCE For the term of this Contract, the City shall pay 85% and the employee sball pay 15% of the premium cost for the City Dental Insurance Plan or other plan which may be selected by the City as a substitute for the City Dental Plan for each single and dependent policy holder. The above benefit shall be allowed only to employees who have completed one (1) year of continuous employment with the City. Any dispute concerning the interpretation or application of benefits under the Dental Plan shall be subject to the dispute resolution procedure only. (It is expressly understood that this provision is a non-grievable item under this Contract.) 13 . ' •, • • 0 I • ,,. - 0 , • • ARTICLE 23. HEAL 1H INSURANCE -EMPLOYEE/RETIREES A (1) For the term of this Contract, the City will pay eighty-five percent (85%) per month of the premium cost for dependent and single coverage for the City's self funded health insurance plan. (2) For the term of this Contract, employees will pay fifteen percent ( 15%) of the monthly premium cost for dependent and single coverage for the City's self funded health insurance plan. B. Any dispute concerning the interpretation or application of benefits provided under the Health Insurance Plan shall be subject to the dispute resolution procedure only. (It is expressly understood that this provision is a non-gricvable item under this Contract.) C. Retirees prior to January l, 1980, will be provided health insurance coverage by the City on a non-participating basis. The coverage will coordinate with Medicaid and Medicare wherever applicable. Retirees after January 1, 1980 will be guaranteed conversion privileges to the Health Insurance Plan available through the City. For those who retired prior to December 31, 1996, the City will pay 50% of the cost of coverage of the conversion plan up to a maximum of $50 per month. For retirees after January 1, 1997, the City will pay 50% of the cost of coverage of the conversion plan, up to a maximum of $75 per month. It is the intent of the City to phase out this provision. ARTICLE 24. RETIREMENT BENEFITS The retirement benefits for employees covered by this Contract arc set forth in Title III, Chapter 6, Retirement, of the Englewood Municipal Code. The following changes shall be made January 1, 1980. A For prior service: 75% of the members fiaal average monthly compensation, multiplied by the number of years of credited prior service. B. For current service: 1.5% of final monthly a,mpensation, multiplied times the number of years of credited current service. ARTICLE 15. LAYOFF A Whenever there is lack of work, ladt of funds. or under conditions where it is determined that continued work would be inefficient or nonproductive, requiring reductions in the number of employees, the appointing authority shall designate the department and positions in which the layoff is to be made. Upon such determinations, the required number of employees in the affected department and position shall be placed on a recall list or transferred by the appointing authority, each in order of bis relative length 14 •. .. •· • 0 ' I - - • • , . • and quality of service as shown by the personnel records. All other factors being equal. seniority shall prevail. B. All other factors being equal. employees on layoff shall be recalled in the order of relative length of service as shown by the personnel records. provided that those recalled have the demonstrated ability and same qualifications to perform the available work as determined by the City. No new employees shall be hired until all employees on layoff status desiring to return to work have been recalled. The recall list shall terminate after one (1) year. ARTICLE 26. LEA VE OF ABSENCE (WfrnOUT PAY) EJi&ihi! ity Permanent employees may be granted a leave of absence without pay for reasons of education which arc allied to the duties of the City, settlement of an estate, child care, serious illness of a member of the employee's family, or to attend Englewood Employees. Association activities. but shall not be used for the purpose of obtaining employment elsewhere. Leave without pay shall not exceed six (6) months of any year but may be extended upon request for an additional six (6) months. The total leave time shall not exceed one year. Upon return from approved leave, the employee will be restored to their former position if available, or to a comparable position for which the employee is qualified. During periods of unpaid leave, the employees shall not continue to accrue service credit or be eligible for any City benefits. However, an employee who has been granted a leave of absence, may participate in life, dental and health insurance programs under Articles 21, 22, and 23 at his/her own expense for the period of the approved leave monthly premiums must be paid in advance in order to maintain such coverage. &mlicatioo for Leave A request for a leave of absence without pay shall be submitted in writing by the employee to the employee's department bead. The request shall indicate the reason the leave of absence is being requested and the approximate length of leave time requested. Consideration of Leave Request The department bead shall grant or deny leave requests, takin& into comidcration the department's work force, work load and the employee's requesL failure to Return If an employee fails to return by the date of leave expiration, the employee shall be considered to have voluntarily resipd from the service of the City. 15 • . .. • • 0 , • 0 t~ - ARTICLE 27. GRIEVANCE PROCEDURE A grievance is defined as a claim or dispute by an employee covered by the terms of this Contract concerning an alleged violation of a specific provision of this Contract. The employee shall be required to follow the procedure as set out below: A general grievance is defined as a grievance that concerns a group of employees or the bargaining unit in general. A general grievance can only be filed by the Association within the time frame specified in Step 1, and the initial review will occur by the department head at Step 2 below. A "Work Day" means calendar days exclusive of Saturdays, Sundays, and City recognized holidays. Step L If the employee is unable to settle the grievance or dispute orally and informally through his/her immediate supervisor within five (5) working days of the date of the occurrence of the grievance, or the employee's knowledge of it, the employee may, within the succeeding five (5) work days, file a written grievance with bis/her supervisor. 1be supervisor shall attempt to adjust the matter and shall respond in writing to the employee within five (5) work days. Step 2. ,, _ If the answer is not satisfactory, the matter shall be presented in writing by the employee to the department bead within five (5) work days following receipt of the supervisor's response. Toe department bead shall respond in writing to the employee within five (5) work days. Step 3. If the grievance still remains unadjusted, it shall be presented by the employee to the City Manager in writing within five (5) work days following receipt of the response of the department bead. Toe City Manager or his/her designated bearing officer shall have a meeting with the gricvant to review the grievance and all relevant information. Within ten (10) work days of that meeting. the City Manager or his/her designated bearing officer will issue a written decision. Step 4. 1. If the grievance is still unresolved, the Association within fourteen (14) calendar days after the reply of the City Manager or his/her designated bearing officer, may by written notice request the matter be submitted to arbitration. Toe panics will attempt to choose a mutually agreeable arbitrator. If within five days of the request for ubitration the Association and the City cannot mutually agree on an impanial ubiuator, a request will 16 ..... •. •· • 0 ' - - • • • • • be filed with the American Arbitration Association for a panel of seven arbitrators to be sent to the parties. The arbitrator shall be selected by a method of alternative striking of names from the panel. with the first strike determined by a coin flip. The final name left on the panel shall be the arbitrator. The arbitrator shall be requested to issue a decision within thiny (30) days after conclusion of testimony and argument. 2. Each party shall be respo11S1ble for compensation to its own representatives and witnesses. 1be fees of the arbitrator shall be borne equally by the Association and the City. 3. H either party desires a verbatim record of the proceedings, it may cause such a record to be made, provided it pays for the record and makes a copy available to the arbitrator. H the other party wishes to have a copy of the transcript it shall share all costs for the transcript. 4. Authority or Arbitqtor. The arbitrator shall have no power to add to or subtract from or change the terms of this Contract. The written decision of the arbitrator shall be final and binding upon the parties. The arbitrator shall limit his decision strictly to the grievance submitted whic& bas been properly processed through the grievance procedure outlined. 5. Failure by an employee or the Association to comply with any time limitation shall constitute a settlement of the grievance. Should the employer not respond within the prescribed time, the grievance will automatically proceed to the next step. At the employee's option. the employer may be allowed additional time to respond. Gdmnce Qptiot It is agreed that should the appeal procedure as provided under 138:3 of the City Charter or applicable City ordinance is utilized, recourse to the grievance procedure included in this Anicle shall be waived Pmmsiuc Gric!lm Dprig Workiu Roan Grievances may be investigated and processed by the employee or designated employee representative during working hours, within reasonable time limits, without loss of pay, provided notice is given and the work load permits. ARTICLE 28. LETTER OF CORRECTIVE ACTION Written CoCiectjvc Action A. When the supervisor determines that a written corrective action is appropriate and necessary, the corrective action shall be addressed to the employee and shall include 17 .. •· • 0 I - • • 0 • the violation; the specific behavior and the dates of the behavior (when appropriate) that support the charge; the warning that continuance of this behavior will result in disciplinary action; and an offer of assistance in correcting the behavior. B. A signed copy of the corrective action by the supervisor shall be included in the employee's official personnel file in the Employee Relations office, and the employee shall have the opponunity to submit written comments in response to the corrective action to be included in the file. After a period of one (1) year from the date of the filing of the written corrective action, the supervisor shall review said letter and provide a follow-up letter indicating the status of the written corrective action. C. H the corrective actions was for unacceptable behavior such as absenteeistn, tardiness, or rules violations and no similar violations were committed by the employee during the following one ( 1) year period, the corrective action shall be replaced with a written statement by the employee's supervisor that no similar violation has occurred during the one ( 1) year period and that the corrective action bas been removed from the employee's personnel file. D. The employee retains the right through the Association to an administrative review of the written corrective action. A request for such review must be filed with the Director or Administrative Services within ten (10) working days of receipt of the letter of corrective action by the employee. An Administrative Review Board consisting of two (2) representatives of the City appointed by the Director of Administrative Services and two (2) representatives of the Association appointed by the Association President shall make up the Administrative Review Board. The Director and the Association President will consider members of the Team for Quality Work Environment for appointment to the Board. This Board shall be advisory to the Department Director, and its written findings shall be forwarded to the employee, the Association, the Department Director, and placed in the employee's personnel file. Upon receipt of the Board's findings, the Department Director shall, within ten (10) working days respond in writing to those findings. (If the Depanment Director is unable to respond in 10 days, a time agreeable to the employee, the Association and the Director must be found.) Copies of this response shall be forwarded to the employee, the Association, the Board, and a copy shall be placed in the employee's personnel file . This Article shall not be grievable under this Contract. ARTICLE 29 . DUES DEDUCTION A The C ity agrees to deduct the Englewood Employees Association dues each pay period from the pay of those employees who individually request in writing that such deductions be made, subject to the garnishment laws of the State of Colorado. The amounts to be deducted shall be certified to the City Finance Director by the Treasurer of the Association, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of the succeeding month, after such deductions are made. The authorization shall be revocable during the term of the contract, upon a thirty-day (30) written notice by the employee to the City Finance Director. . - 18 "' - I· • 0 - • • • 0 , . • B. If no wages arc paid an authorized employee on the last pay period of a given pay period. deduction for that pay period will be made from any wages which may be paid to him/her on the next succeeding final monthly City pay period. It is expressly understood that the City assumes no liability and shall not be liable for the collection or payment to the Englewood Employees Association of any dues during any time that an employee is not actually working for the City and actually on the payroll of the City. In the event of error on the check-off list, the City will not be respoDS1ble to make adjustments, until notified by the Treasurer of the Englewood Employees Association. C. The Englewood Employees Association shall indemnify and hold the City harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provision of this Article. D. Changes in the dues amount to be deducted shall be limited to two (2) changes each year, providing a thirty (30) day written notice is provided to the City Finance Director. E. Should the change in the deduction amount or method require a computer programming change, the Englewood Employees Association shall be responsible for the cost of such change or changes, at $30 per hour with a four( 4) hour maximum. Payment from the Englewood Employees Association shall be made to the City Finance Director within ten (10) days of receipt of billing. AR'l1CLE 30. ASSOCIATION ACTIVI11ES The City agrees that during working hours on the City premises and without lou of pay, Englewood Employees Association members may be allowed to: attend Englewood Employees Association and/or management meetinp; poll Englewood Employees Association notices on city designated bulletin boards; solicit Enalewood Employees Association memberships during employee's non-work time; and represent employees on grievances and negotiations. One (1) employee representative from the Utilities Department and one (1) employee representative from the Wastewater Treatment Plant will be allowed one ( 1) hour time off from work with pay each month to attend monthly association meetings . ARTICLE 31. STANDBY PAY All employees covered by this Contract and assigned standby duty 5hall be compensated at a rate equal to eight (8) hours at his/her regular rate of pay for one week of standby duty. 19 •. • • 0 , -• • • ARTICLE 32. CAIL BACK Any time an employee oa off~ statm is called back to wort be/the shall be credited with a mioim11m of two (2) bours .-, at the rate of one and oae-balf (11/2) times bis/her regular hourly rate. ARTICLE 33. L\BOR MANAGEMENT COMMITl'EE A Labor Mamprnent Onn•ittee coasisri• ol four (4) memben appoi.nled by the Union and four (4) memben appaimed by the Cly sball meet OD a quanerlJ bail. 1be committee will only deal wid! poup --tbat Me DOC dealt with tbftlaall ocher aisdas committees or grievance procedures. 1be Union will send m a,enda items to the Administrative Services Director at least one (1) week prior to the date of the quanerly meeting. ARTICLE 34. EXC.USIVENESS OF CONTRACT The Oty and the Associ1tioo agree that the terms and provisicm herein cootaioed constitute the entire Coomct between the parties. Tbe City and the Allnd1rioo agree that all neaotiable items have been dismaed duriaa tbe nqotiatioos leadiaa to this Contract and, therefore, agree that oegotiatiom will not be reopened on any item during the life of this Contnct, acept by mutual agreement of the parties. IN WnNESS lllEREOF. the parties lme caused tbis Comnct to be siped by their respectM reprelCDlativa. ud their sipatura placed thereon, OD this day of ---------1998 at Enalewood, Colorado. ENGLEWOOD EMPLOYEES ASSOCIATION, AFSCME LOCAL #303 20 aTY OF ENGLEWOOD Mayor ATl'EST: . ' .. • • 0 I • ,, _ • • <. COUNCIL COMMUNICATION Date Agenda Item Subject U.S . Economic Development Administration: Title IX Economic Adjustment July 20, 1998 11 C iV Assistance Grant Initiated By Neighborhood and Business Development I Staff Source S. Darren Hollingsworth, Business Analyst COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Community/ Economic Development: Support the redevelopment of Cinderella City. Community/ Economic Development: Leverage City resources through grant funding . RECOMMENDED ACTION Staff recommends that City Council authorize the City Manager to execute the application for funding under the U.S. Economic Development Administration (EDA) Title IX Adjustment Assistance Grant. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The purpose of the proposed grant is to provide funding assistance estimated to be $800,000 to demolish a portion of the concrete parking structure on the Cinderella City site. On July 15, 1997 staff submitted a preapplication for funding assistance, and on January 9, 1998 staff resubmitted the preapplication with information requested from EDA. The EDA has a strong interest in funding this project; however, project funding is conditioned upon adequate commitments and assurances from Wal-Mart. Wal-Mart has provided the necessary documents and commitments. Based upon Wal-Mart's commitment, the EDA has requested the submission of a formal application for funding . This process is the final iteration of the grant approval process before the EDA provides formal funding commitments for $800,000. FINANCIAL IMPACT The U.S. Economic Development Administration requires that the City provide 25 percent matching funds to meet grant requirements . This is derived from funding appropriated to the existing Cinderella City redevelopment budget. Grant funds from the EDA will leverage City resources and provide funds necessary to initiate the demolition of Cinderella City. UST OF ATIACHMENTS Proposed Resolution •• ..... • . .. •· • 0 , - RBSOLUTION NO. 1lf SERIES OF 1998 • • • // ~ tv A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO FILE AN APPLICATION WITH THf.UNITED STATES ECONOMIC DEVELOPMENT ADMINISTRATION: TITLE IX1ECONOMIC ADJUSTMENT ASSISTANCE GRANT TO F U ND ASSISTANCE TO DEMOLISH A PORTION OF THE CONCRETE PARKING STRUCTURE ON THE CINDERELLA CITY SITE. WHEREAS , the Englewood Neighborhood and Business Development Department desires to apply for funds through the U.S . Economic Development Administration: Title IX Economic Adjustment Assistance Grant for the purpose of assisting in the funding for demolition of a portion of the concrete parking structure on the Cinderella City site; and WHEREAS, the U .S . Economic Development Administration: Title IX Economic Adjustment Assistance Program provides funds to implement economic adjustment strategies; and WHEREAS , to compete in the U.S . Economic Development Administration: Title IX Economic Adjustment Assistance Grant Program , the Englewood Neighborhood and Business Development Department must submit an application: WHEREAS , the City of Englewood has received a notice of fund availability; and NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section 1. The Neighborhood and Busineu Development Department of the City of Englewood , Colorado is hereby authori7.ed to file an application for a U.S . Economic Development Administration: Title IX Economic Adjuatment Assistance Grant for the purpose of assisting in the funding for demolition of a portion of the concrete parking structure on the Cinderella City site in and for the City of Englewood. Sectjon 2. The City Manager and City Clerk are authorized to sign and atteet all necessary forms , documents, assurances and certifications for the application for U .S . Economic Development Administration: Title IX Economic Adjustment Assistance Grant for and on behalf of the City Council and the City of Englewood. ADOPTED AND APPROVED this 20th day of July, 1998. Thomaa J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk ,, - 'I • . .. • • 0 I • ,.. • •, • I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Resolution No ._, Series of 1998. Loucrishia A. Ellis ~------ ... • . .I • . ' • 0 f ___ I - ., • • • ECONOMIC DEVELOPMENT ADMINISTRATION 4)'PLICATIO~ FQ~ FEDERAL ABSTANCE 1bis application foma is IO be Ql!ed for requesting fimncial usiswlce for propw fanded by die F.cooomic Development Admiai!dlltioo. ·<EPA) under die Public Worts and 6cmMJmi. Dnelop,11eN Ai:.t of 1965, as amended (PWEDA). TIie ~ applicmoo coarams information, illlaucdoai, ml docnmr:111:1 which are applicable to all propama at ED~. .Addiliooal information, imauctioal, 111d doa11111e111 applicable to specific programs are included ill the ,.,. Inna wbich are part of Ibis application. Time lbollld be rad wl completed, as applicable, wl ••brained u put of the IWelUl application for funds. TIie ilmlaboD leaer idemifies the specific amcbmencs which are applicable to the prosnm under which you ue applyiDc for funding. Attachment A: Non-Construc:don Tide m of PWEDA Pluming Grams Teclmical Assistance Grams University Cemer Grams Research and Evaluation Grants Tide IX of PWEDA Economic Adjusaneot Sttategy GrlDIS P.cooomic Adjustmem lmplememation Grants includq R.evolvq Loan Funds AttadnNnt B: Construction Tide I al PWEDA Public Worb and F.coaomic Development Facilities GfllllS Tide IX of PWEDA Economic Adjustmem Consauction Grams N111 ..... ..-~...._., .... _ ...... .,....su ... ,....-, ........ -. ....... --•-,... ......... ._....,., ......... ...,.. ........ .,...._ ... _ ...... ._ .................................. ._Di~ ... C .... ...... ....._ac:. -. ... .,....., a _.._..,Aa111.oa.11h .,...._....._ .. c. -· • • • 0 ' 2 I • 0 • APPLICATION PROCEDURES A.'ffi INFORMATION APPLICATION PROCEDURES All applialioas for Federal IJ'IIIIS llmdcd by die Eccamc DeYelapmm AdmiuiSlralim (EDA) UDdcr die Public Worla ml f.aDmic Develq,mem Act of 1965 (P.L. 89-136), as~. must be made on Ibis form after inviwion ro apply 1111 been received l"rom EDA . While complemJ& Ibis applicalioD. applicams sbould seek cuidaDce l"rom die EDA F.coaomic Developmeu Represemalive (EDR) sen'iD& die area. Unim specibl1y advised odlmrise, ID oripa1 ml two copies of die campleral applic:uioD are ro be submillled ID die EDR wbo will ckelmiDc if it is compleu:, belp raolve my problma aamd ml forward it ro die appropriale Office . Emlrits sboald be idelllifted by placiq die exhibit mllDber iD die upper ripl bml earner of die tin1 paae of each exbibit. lmuuaiam for -.,letion of questions/Wlibia bave been iD:orponled imD die text of die applicuion . Preprimed forms such as civil ri,ms IISlll'IDCe forms. non-reloc:alion forms, cunem and projected c:q,loyee dara forms , aame chcc:lt tbnm, and lobbyq/debarmem forms are provided as exhibits to die applicalion ml can be reproduced by lbe applicam if multiple copies are needed. Preprinred forms are idemiticd by asterisks (•). Tbe Applicalion for Fedenl Assiswice requires redmical cloomnPlion for qineerin&, environmenl, ftnance, lcpl, and civil ri,ms issues which may require coordination widl various loc:al, swe and Federal a,encies . as well as widl die privarc -· In order to properly complete die applicalioa and provide die required doc:umemalion. you sbould daipllC a coaaa penon wbo will be responsible for pu11ina IIJICdler all die various tompona!IJ of die application and wllo will be rap fHe ror reTiewlas the clocmieawioa to laure lllat It II ,....._ carncdy. lncoiq,lcte or incorrect documenWion may delay die processina of your application . APPLICATION PROCESSING Applicar:ions are processed in die appropriarc Office . lb& applic:m will be IIIXi&d dW tbe applicalioa 1111 been niccived in die lppnlprialle Office and wbcmer it is accepable for proceuina . An~ will not be ac::pied for processina llllless iDviRd in wririD& by ED A. Applicants may be requested to provide ~ clarifyiDa imonmlion duriDa die review of die applicarioa . Should a problan arise duriq die review which ~ scrioualy delay appn,val. IIJPlicam IIIIY be requaed ro wilbdnw die applicalion pendina die resolwion of die problem IDII raubmil u a laa:r lim:. Problems wbich c:&IIIIOI be resolved 1111)' lad ID dis..,roval of die applicalion. APPROVAL OF TIIE FUNDING REQl"ESI' If the applicalion is approved by EDA , a formal IIIOO'urenrnt will be llmk ml a Fimncial AssiS1lnce A ward will be forwarded to the applicam. Upon afflrmarion/ac;:pwice of die Award (ux:!udin& the SWldard Terms and Conditions, Special Conditioas, and any odler documenlS id.em:iftcd in tbe A ward) !'unds approved will be made available for disbuncmem in accord.Ince with tbe terms and conditions of tbe Award. EDA REGIONAL omCES Phlladelpbia Repoaal Office Tbe Cunis Ccmer, IDdependc:nce Sqlwe West. Sum: 140 Sou111. 1st Floor, Philadelphia, Pennsylvania 19106; Telepbom: (21S) 597-4603 ; serving Comiectian. Delaware . Dis1rict of Colllmbia., Mame . Maryla!ld. MassachusetU. New fumpsbire . New Jersey, New York. P=ylvania. Puerto Rico. Rhode Island. V~ Vqim.a, Virpn Islands. and West Vqinia . Adallla Reiponal Office 401 W . Puchtree Street, N .W ., Suite 1820. Atlama, Geoflia 30308-3510: Telephone : (404) 730-3002; servma Alabama, Florida, Georpa. Kemuclty , Mississippi. !liorth Carolina. Sowh Carolina, 111d Temxssee . Cbia&o Jlesioaal Office 111 Nonh c-i Scniet. Suire ass. Chica10. Dlinois ~ 7204; Telqlboae : (312) 353-7706; servina Illinois. IDdiam.. MicllipD. MizmesoG, Obio, and Wisconsin. A11111D Reat-1 Offlct Suite 121, 903 San Jacimo Boulevard. Austin. Teus 7l70l-24SO; Telepboae : (512) 916-5461; servma Arkansas, Louisima, New Mwco, Oltlaboma. and Texas. DeDTW Reipoml Offlct Room 670, 1244 Speer Boulevard. Denver, Colorado 80204; Tel~: (303) 144-4714; serviDa Colorado, Iowa. Kmua, Missouri. Momam . Nebrub. North Daia:lla , Soudl Dakaca, Uiah and Wyomiq . 5leltle ...... Offlct Room 1856, Jaclaca Federal lluiJdina, 915 Secoad A-. Saale. WllbiDpa 91174; Telepbonc : (206) 220-7660; ~ Alub, A.mmcm Samoa. Arizom. Cali!ornia, c--im of die Nortben1 Miriam lllaadl. Fcdcrmd Swa of~ Guam. Hawaii. ldlllo, Nevada, ()rep. llepub1ic of die Manllall lalallda, 111d Wubiap,n. Do Not lncluiu 11lis Pag~ MIii ~ Complned AppUcation 2 • . -• •. •· • 0 f I -• • • nGURE 1 Standard Form 424 APPLICATION FOR OMll .-.,-11111. ~ FEDERAL ASSISTANCE 2.---- ~-l'INOIIIU-: · s. -....a 11T ff.&11 ----,,_ C: c:..-, 0 C4nUl,caofl ._ __ ft_-.i:Y --:l~ c~ L~-TION ..... -Q .. -~ ..... ___ ....... _...,: ____ ., ______ _,._ __,, ___ ._ ____ IE/HI. "1 . , • ..-"""""--.--· :,.,.., ......... __.. .. _, D CTI-I I I I I I I I ··-"'·-·-°"'· I . C..,,,, I. -~--.... ~ L ""Oii -..c&TION: e.-J . ----.. Q C:.--o -D.--K._T_ =-E.-L.- ,_ ... -~ D D 4 .S.-.Daftt N. 0.... cs.e,,lf1 .............. _..tlaftll "' ... •I ··--··--e.-a..- D.o.a-o.n-o..,-,i 1.-0P-~ ... c:&TAUICIOP ____ 1 "· W .. ffll.&OP_u:.tNn_ [IJ -I I I I mu. 12. -~r,-.:, ic:-.-.--,, ,s. NOIIOaD ~ ,, .. ---N\DaTISISOP: -°"' 11-0.. 1 .. -: . ,_ 1Lll1m&TID-• ·----1111-ft ___ .. -I • --a'flS'-~-MMll.a....a.E ·-I • 10 ,.._ STATI t•CIJTWI OIIIIII •871 PIIOCID FOIi -ON· .. -I • D&T'E e.i.-I • I NO C ,__ aNDf COlllallY I.O. ,_,. •. °'* I • C Oii l'IIOCIMM-IICII' ... -..c11DI¥ ff.1111 FOIi IIIYaw ,.....,__ I • "· .,..~------..,, .. TOrAI. I • c .... ·-·-......... c .. ,a. 'ftlTNI NSTOll lff .__ -IIUa' . .IU.NfA•,_~ Ml,,_ __ ,__,_ -IIUI.T AIIT.-zlll1T1NI-.W-Oll'lla---'lla~-'-~T-'lla--S .... 1NI -·-&T,.. ................... __ , .... .. ....... -.. ._.._,_II ....... --------------· -3 .. .. I • • , J • • 0 1, • FlGURE 1 (Continued) Staadud Form 424 INSTRUCTIONS FOR THE SF -'24 Public rq,onan1 burden for lhis colleclion ol informaion is e:siimad ro aoe:ace .;5 minures per ~se. inclUCi ::::,: :or rev1ew1ng 1nsllllCuons. sarch1n1 exisun1 dala sources. p&llerm1 and mainia1n1n11 Ille da&a needed . and ccm;: ~-i 111d reviewin11 the colleclion of ,nrormaaion. Send CDllllllellll repnlia1 die burden esumaie or any Oilier aspect of Illas ~ of ,nform:won. ,ncludin11 suueslions for reducin1 lhis burden. 10 Ille Office of !lllanacemem and Bud11e ~ ?1,.""C"O'orit Rcducuon Project (0348-0043). Wast11npon, DC 20503 . Pl.EASE DO NOT R£11JRN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND Bl ~'LI'. SEND IT TO THE ADDRESS l'ltOVIDED IY THE SPONSORING AGE...,CY. 1l11s is a sandard form ,,sect by applicanls as a niquinld rsesllNt for preapplicauons and appl~ subnu~ :;;r ~ asmaace. 11 will be uad by Federal apncies ID obalin applicaDl Cllli6cwon tlla1 SlalG wludl have emblished 1 ~·--· 111d CIOlllfflCIII procedure in response ID Eucu&ive Onllr 12372 and ...,. 11:leaed lhe ;,rccra,n ro be mcluded in lbeu ;,roe=. :ave been 11ven an opponuntty 10 review die applicanl 's submission. llan: Emry: I. Self-explanalory. 2. Daie ~,c:auon li&lbmaued ID Federal a,ency (or Sll&C if appl able) & apphc:;111l's conaol n-ber (if appliQble). 3. Swc ..se only (if applicable). •-If lllis appilC3UOll lS III conunue or revise u ezislin& award . enr.er prcsa,1 Federal idenwier number. If for a new prc,ea. leave blank. ~. Lqal name or applicanl. name of primary orpnizauonal unu wh,c:h will 11ndenake die assasllllCe :icuvily. complete address ol Ille :1111)11C.1111. ~ name ad ielepllonc number or Ille penon io i;oniar.1 an maacrs rel.ued ro lllis ilJ)l)hc;iuon 6. Enie r Employer ldenuric.won N-ber (EIN) ;is .miped by Ille Internal Revcn..e Serva. 7 . Ente r Ille ;ippropri;ue le!Rr ,n die qace provided. I . Chee&~ box and enm appropiale lcua(s) in the Sl)aee(S ) provided: -~· means a -asSIIIIIIICC-ud. "Conww:won· fflCIIIS an euension for• addillOllal fundini/budlet penod fo, 1 proJCC! will! ;i proJIC*I compleuon dale. "Rev,saon • me:ins any cnanse 111 die Federal Govemman 's r-ia1 oblipuon or COllllllpnl liabtli1y rrcm an a.asuns oblipuon. 9 . Name ol Fedenl asency Cram whidl aaisunc:e II bea .. ~ w1!11 !111S applic:alioft. 10. Use Ille u&aio& of Federal Don.aic ~ 11U111ba and lilJc o{ Ille prosram under which .-is ~- II . Enaer a bnef dacnpuve 1111c of Ille pn)JCL u - lllan one pn)lnffl IS involved, you sllould ~ ,Ill ca~ on a 11:111fW llllaL If..,,._(&.& .. ~ or l'CII prapeny PIOJICU). aKII a iaap 111ow,.. pn)JICl locw. Far .... ,.. ·--• llplrae SMel ID provide a--, dacnpaoa ol dlolp!IDJKL ' hem : Enll')': 12. Lisi only ll:e !.:lrgesi poliucal enuaes affec:ec :. .-Staie. counues . ::ues ). 13. Self~xplanalo~· 14. LISI Ille ipphan1 ·s Conpessional Dwnc:t ar..; =.· Das:nc:(s) aff e:::ed by die propam or prop:~ 15 . Amow,1 requested or ID be conlribuled dunn i ;.:)e :::,;: fundin&(bud11e1 penod by each cona,buicr. Ya::ie == :.n - lan4 :onaiouuons sllould be mcJuded on ai:;:r::;r.: lines ;is ;ii:;,licbie. If Ille acuan will result in a doiz' :..::a:p io ;in eais11n1 lward. llldic&e ~die amount ci :::e =anp. For dee:=-. enc lose Ille MIOUlllS 111 pa,e::1..= :! :IOCII bas ic~ supplememal --include:!. J:>..- IIR;wlo .. n ~n ;in auached sllecl. Far mulu;iic ~':l flllld1n1 . use lOWS and show blakdown USl:li a::ie c;i1e1ones ..s ,iem 15 . 16. Apphcanu should coniac:1 die Sll&C Si .. le ?':t::! :: Coniact (S?OC) ror Federal ua:uuve Orce: ::..:-: :c deicmune whelller the applic:llion is sub.JC: i:, :a S- IIIICflov=.menw review process . 17 . This quesuon applies ro Ille applicant orpni=. D die pe:10n "'ho Sips ;is die audlonzed ~YC. Catcsones oi debl include delinquenc auc1J1 -;sa r "'-. loans and w. es . II. To be s1pied by Ille audlonad ..-rauve :;i;:. l!'PltUnL A copy o{ die ao-al llody's aw!lcr.::IDca for you io S'11" llus ~ as official re~ -be on rue Ill die applicanl's office. cc~ :=ldlnl apnc:es ma !' require dlll du audlorilaaon be s:.:mmad • pan o r 111e ai,i,hcallOII .) ··-: ..... .. ~ • . ' • • • 0 , - • • • • 0 • ALL APPLICANTS 1. Submit aa aecuted -Cerdftcadcm Reprdlq Debame.a aad s...w. •em; ~Free Workplace; 111d Lobbyiq. All applicants for Federal assisance 111111t comply with the requiremems under 15 CFR Pan 26, reprding govermnemwide debumelll 111d smpemion (nonprocurement) and govemmentwide requiranelllS for drug-free workplaces and 15 CFR Part 28, reprdiDa resaictiom OD lobbying . Applicams !DUil certify dw Ibey have DOC been debaned or suspended from receiving auy type of Federal assiswlce. !hat they will provide drua-free workplaces and !hat Federal funds have DOC been used and will DO( be 11111d for lobbying in coanectioD with dais request for Federal mislance. If nonfederal funds have been used or are planned to be used for lobbying in connection with this request for Federal assislance, a •"Disclosure of Lobbying Activities" form mUSI be complefed. [ J Applicam's •"Certifications ReprdiDg Debarment, Suspension and Other Responsibilily Maaers; Drug- Free Workplace Requirements and Lobbying" (CD- 511), is attached as E:Jdribil J . a. [ J Applicam's •"Disclosure of Lobbying Activities", if auy. is aaacbed as Exhibit J .b . 2. Prcmde mdmce of cmnpY a wllla E.O. 12372, Slare 5--Paml al~ (SPOC). Requem for EDA malllEC mus adhere to the SP<X process estlblisbed by die lllle. SAJ Number : ___ Dm uaiped: ---- [ J SPCX: clearance/co111.aa ii/are IIIIChed u Exlribil 2. [ ] The Seate does DOC have I project review proc:esa . [ ] Review period bas upired 111d DO COIIIIDelllS received . 3. ID-KiDd CCllllribadcms . Are in-kind comribu1iom included IS pan of the nonfedera1 share of the project fundina7 [ J Yes . lfyes, explain the namre and the basil OD which Ibey are valued , .and amcb IS EzJribil J . [] No . 4. Otber Fedenl A111Mentt. ldenlify auy ocber Federal Assisrance and die 111111re thereof received or requead for this project and provide IS Exhibil 4. 5. Ncm-pra&/Fcw-Pre& Owe .,,.. w I . Prcmde a .._...., *"~ a.ct" (~ (required from applicam dw an sim-111d public ... ' pro& ag& ·r&i+m, for profit firms, or iDdividuals; (NOT required for designa!N1 Economic Development Districts) ccmplelld by each officer, executive director and chief fimncial officer IS E:Jdribir 5. a. b. Provide articles of incorporation and By-Laws IS &:hibit 5.b. c. Provide a currem certificate of good staDdiDg from the ll&e in wbidl die orpaizalion is incorporated and in which die project will be implemented, if differem (required only from IIIPlicms dw are non-profit organizations or private for profil firms) IS Exhibit 5. C. 6. Prcmde • aecated *"Employer's Nomeloc:atiOD Cerdllcallm", Exlribil 6, from all employers and entities providing die economic justification for die EDA project . GenenDy, EDA fialllcial assistance cannot be used directly or iDdirecdy ID assist employers who transfer jobs from one commuting area to anodler . 7 . Are you requesting a gram rate which will require a nmr al die am-Federal share for this project7 [ J Yes. lf yes, provide a narrative of bow die applicant baa eibaialled ill effective tuing 111d borrowing caplC&y; ocber factors, if auy, which prevent rhe applicam from obcainina the required non-Federal tbae; ..S 111111 memes 111d apemes projected in rhe applicaal' s c:urrem fiscal year budget and attach IS Ezltibit 7. [ l No. a. Pnfem ~ wa par t1ly • 111 *'Y beaellt a .... llna • ......., (wbicb may reasonably be e~ ID -501' or more of die capacily of die EDA &!laced facilily) aad ocbers wbaa EDA so determines are IUbject ID EDA 's requiremems oa unfair competition and e1Ce11 c:apacay aad may require the completion and Mll!iNuoa oflbe ~ ad Capadty W...aoa Report" ~Jaf'II). Does die EDA project serve a liDa)e firm or masuy7 [ J Yes. If yes, comet your EDR for assiswx:e and c:amplele lbe •"Martedoa and Capacily Informatio n Report" (ED-220P8) 111d amch as Exhibcl 8. (] No. 9. a.I..... '1111 iabmalioa requaied in this Section ii aacm•y b EDA ID 111111 .._ Civil Ripa impact of . ' •· • , ]- • • • ' <. the proposed project as required by Tide VI of the Civil Rigba Act of 1964, and regulations of the Depanmena of Commerce and Justice to assure that discrimination does DOt occur in EDA funded projects. The information requesred in question 9a and 9b is subject ID die fuDowing remictions . Applicants that employ more dlan 1,000 persons sbouJd submit only for the subdivision agency. unit or department that will actually adminiaet the project . "Other Panics" who will be creating and/or saving 15 or more permanem jobs as a result of EDA assistance, 11111 are spec:itically named in the application as benefluina from the project or are or will be localed in an EDA building, port facility or induslrial, commercial or business park prior to EDA · s final disburselnem of funds awarded for die project need ID sulma information only for the sire, facility or plam actually beinl assilred. a. Appllcmt's Employee Data. All applicallls for EDA assistance must complete Exlribil 9.a. ••c.n.t ad Projected Employee Data" (El),612) .. .....,.... la IIICb form as delermlaed by EDA. b . "Otber Parties" F.mployee DID ad Aa1nDce of C ........ e. "Other Parties" who will be creating and/or savina 15 or more jobs as a result of EDA assistance, and who are specifically named in the applicaaon u benifimna from tbe project or are or will be localed in an EDA building, port facility , or induslrial, c:ommen:ial or business park prior to EDA's final disbauemem of funds awarded for the project muse complete EzJribil 9.b.J, ••c.rn.t .... Projected F.mployee o.a• (l!:IMll). ad "Odaer Panics" aa complee • Exlribil 9.b.2. .. "-w of C+wpleKe." CI Yes . "Odler Parties" ~12 ached u Exlribil 9.b .1 and "Other Parties" Assurance form(s) acrached u Exhibil 9.b .2. [ I No . There ue no "Omer Parties" beneftaiaa from die EDA assistance to the project. c . lf apptica' s or "Omer Parties'• WlliDI ad projected workforce as idemified in the ™12 comp&eled u 6 ,, - t• Ezhibia 9.a. and 9.b .1 reflect a pattern of se,.ous UDderutilization of protceted classes , EDA may r~ additional information in tbe form and manner from :::ie applicam or "Other Party " IS Exhibit 9. c to resol•,e :::ie illue. EDA will provide guidance. d. If applicam or "Other Parties" bas/have been invci---1 ill chaps of discrimimtion in employmelll or die pro""'= of services during the two years previous to the daI: 3f submission of tbe application. provide u Ezhibir 9.i.. a daaipliunoftbe srarus of any lawsuits, complaina m:. ::ir die resalls of compliance reviews and a swemem as re ~ auiuisuaive findings made by a Federal or State age:c:'·· [] Yes . Information on charges of discrimination re ltllChed for : [ I Applicant [] Other Parties [ I No . There have been no charges of discrimir.lD.:in involving : [) Applicant [) Other Parties 10. Jtwfol'IIUlllce Measures . lbe Gove= Performance and Results Act (GPRA) of 1993, rC9="es EDA to repon the ouiputs and outcomes of projects : g.. actual job creation). Awardees will be required to s-~~t core indicators of performance to EDA periodically l!: a condition of the award . EDA's core indicators ca:: ::ie IUpplemenred by indicators you would like to use . E.-c;:i.:I:.!:l cbe additional performance indicators you propose cc .::se and bow they will supplement the required program=: core iDdicalors for this project. and amch IS Exhibit : 1: 11 . Is the applicam a apedal-parpme unit or lccal FY-(such u a Port Aurhorily. Water and~-==- Dillrict, ere .)? [ I Yes . If Yes. amch u Exhibit 11, current ·scac::=i::::n frcm Parem local Govermnent" as to why the S~:al Purpose Unit of Government is the befler quali:'~ aaency to make chis application and administe~ ~ proposed project . [] No . . . • • • 0 , • • r ALL APPLICANTS -CBECnJST OF EXBIBO'S 'Ibis dwdclist ideudfJCS all of the Exhibils in the general section of the application. Exhibit IIUlDbers refer to the specific i1em mnnber in the application. Those with Ulerisks (•) are preprinred forms which are included . Cbeck die items and Exhibits submitted . [ J 1.a -CO-S 11, Debarmelll. Lobbyin&, Suspension [ J 1. b •Disclosure of I..obbyiDg [ J 2 SPOC comments [ ] 3 ID-kind explanation [ J 4 Olber Federal Assistance [ J 5 .a -C0-346, Name Check [] 5.b Articles of Incorporation cl By-Laws [] 5.c Certificate of Good Standinl [ J 6 •Employer's Noorelocation Certification [ ] 6.a Explanation [ J 6 .b Counsel's Certification [] 7 Waiver of Non-Federal Share [ J 8 •ED-220PB, Marketing cl Capacity Information [ J 9 .a •Applicant's ED-612 [ ] 9.b.1 •"Other Parties" ED-612 [] 9 .b.2 •"Other Parties" Assurmces [] 9 .c Corrective Action Plan [] 9.d Swus of Suits/Complaints [ J 10 Performance Measures [ ] 11 Local Government Commeall 7 , ' • < • '. . 0 • . , • • • .. THIS PAGE INTENTIONAUY m.ANK -,;' • • 0 I - • _co..,,.., (741) 0 • t• EXHIBIT I.a CERTIFICATIONS REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; DRUG-FREE WORKPLACE REQUIREMENTS AND LOBBYING Applicants Sllollld '* ID the regulations cited below to Cllltllrmine the C811ifiation to which lhey -,.qui,eCI to allnt. Appllcams lhoukl alao review the in9lruc1iona for centficalion includeel in the regulaliona before completing this form . Signalure on lhis form provides for compliance with C8f1ificalion requi-under 15 CFR Part 26 , 0 Govemmen1Wic:1e Debarm9nt IIICI S..si:er,s,on (~)· IIICI 0 Governmentw,Cle Requirements for Drug-Free Wo,tcplac:e" anCI 15 CFR Part 28. 0 New ReslriC!ions on LIXlOy,ng. • The c8l1ificalions shall be trNl8CI as a -ial representalion of fact upon which ralilnce .,;n lie p1acee1 when the Depar1ment of Commerce Cletermines to _.,Cl the covered transaction , grant, or cooperalive ~- Al -lly-0,.,., 12549. 0--5-, .,., ~ • 15 CF!! Pan 29, lor ~_.on pmwy --U -C 15 CF!! fl'llt. 29, S.C,,.,,. 21. 105 -21 . 110- (11 The --l*IIC<l*'t oenrftel !D N -of ill lcnowteage and -· "* C .., "8 pnnc,oals: 1a1 .,.,. not or-,oy--,,-, -1o, -....m. -oneligltlle.o,~-"""'.......,_ lly""' "-II -., agency: (bl -not -• ----~"" ::nxxllal --of o, 111G a CM1 ,.,ag..... --or. '*" 1or ..,,.,.._, OI -o, a c:nnww -in econ-.. ,, ot,tarw,g. ~ !D -·., D8llafflWlg a puclc ,,__ s .. ,.., IOCal) --., COl*acl -a PIIDlic ._,~:JI.._ ., s-"""""' --or _, Cl _...-. 118ft. fOIVe,y, i:w-y, ,__, ., -Of -ec:craa. i ·.JlonQ ... -., recaiw,g --"Y: (Cl .,. not ~ ,naiclad for 0/ ~ cnm,naoly or c:,,,ily CNrQed 11y a go,eim•u entity (F-. s-o, _, - c:ommoa.or> of r,y Of N-. enumeraa ,n ooragracr, (1HDI of r,,sc:endicaan:.., (G)_not_a----~-- --111G cne or,.,.,,. IIUOOc -!"--s .. or IOCal ) --for.,_ or oe!ault. (21 W-N _,... r,mwy oanic,:an, ,1 .,,_ !D _..., !D -,oi.,,. __ .. __ ,....,,, __ _ _,an_!D--. ·-,.~o..,~- .... _.., 11y N Ot\,g•Free W""'l)laCe Act of 1-• .., .....-• 15 c,11 fl'an 21. s.,....., F, 'Cf ~ • - • 15 CFR Pan 21. Sec1lOnl 21 ,IIOS.., 21.110- A. The vr-C8111fiel tna 11 wlil or wlil ccn.,.ue !D o,o,,,de a orug - --oiace i,y: (al P-.nQ a -...-,.ng ......,,_ tNI lie - _._, -. -._ -· o, -OI a --•-on N ~I WO/IIIIIK8.,., ~ .. -=--.. De -AG*"" ....._ lo, _.,,...,,_ 9 (D) ~ing an ongaing ~---i,ragrlffl lO ,nt<,m, lffl~-·- (1) The dangers Of~ -,n N ~ (2) The gran1N'S OOiey of~ a~--........., (3) Any -~ ~ -· -""""'"" -orogramc- (4) The~ tllat may oe ~""°"~for on:; --oca,mng., N ~ (C) Maa,g ,t a __, tN1 NCft ~ to De 11,gagec:1 in :ne pena,manc:e :,t N grw,t De give,, a CCIII' of N _, '9CU\19C 11y~1a1: (tll~N-.,.,.--11y...,_1a 1 tllAl.ua~of~-Ngrar,1.lle- wil- (1)-llyN-ofN-- (2) ~ N emaiayer r, '""'"II of .... o, '* -tar a -Cl a on-~ --OCCl#ffl9 ., lie ~ ao __ ,.,._Gaya_...,,_ (e) ~ N avencY "' "'*'9, -_, -Gays aller ~--~ttl)(2)11oman.....,_., -l9C8MnQ --"' --· EmplOyers :f ------'"°"°'"II-Ille.to ... Dwec,o,. Offlca of "-al -Ollce "' Fee- -.,., M........,,i "-' HCM8 IIQan, IOS<&, U.S . 0--.. ot Cotnnwce. w-.,n. DC 20230. -. Sf\all -... --.. of--~ (ti T*""9 one :,t N ~ ac,,ona, -30 -Qaj,S :f ~ nc1IC9 .-~ tdk2 1. --, lO ,rry ~-.. I0-- (1 ) Tllut,g ---..-ega,,,a a.ct, an --· UO!D_""""°'"ll_,..,,__.,._of 11e "-'-mon Act ot , m . u -01 (2 1 AeQu,nng a.en e,IICi0'/8e !D -~ in a er..,; __ ., _ _.,.._..,II.ell -lly a,_ s ... o, IOCII -.... __,_ o, ---agency: (g) ~ a ;ooa --!D -.. -a Onio·-_,,._ IWa,q, ...... w. r1' ...,_ (al. 1111, (Cl, (G), (81 ..,,11. I n.e.-... .._,.,.,. ___ .,._ll 'Ct ... ....._of __ .. __ ...... ..,. •. • • • 0 , ]- • • • • • "'-ol , ..... -.... (S--a,y, cou,,ty, -ZIii' c:ooe1: ci-0 ,------1111·--·----.._L._ __ _ Al -Iii, .. ~ _._. &I ol 1-. 11111 ......,_ a 15 CP" A SullDat F. IIDr .-• ..... a 15 CFR 1'111 a . S-. a.cs 11111 &110 - IAl,,__..,,....__a_ol ... g,1111.llel/lf-.. ,. ... ., .. ..--.,-. ....... -··-°'·--.. mi-.'"" __ .. .,_ '91 " -ol a-~ ,,....1-*'0 _,, a - -....,g ....... -ol "" ~ acllo!Y, ... I/If -.. -.. -.,-.,-,o-.-o1 .. -. ID N 0.-, Ollca ol F--Ollca ol .._ -Ollca ol "-~ -......... ~ H04 llaDffl -· U.S. ~ ol C-. w-.,.,. DC JIIZXI . --• ,,_ ID a.ct, a --·---~.-i,,o1_,...., ..... Aa -Iii, S.C., 13SZ. T'• 31 ol ... U.S.~ - -• •• <:P" l'art a a_._.,.,. a.,.., -..,_ o, --1100.000. o, -o, -ouar--1190.000. • ..... a ,, CP" l'art 21. ..... a. 10I -21. 110 .... _..,. C9fllla ... ID ... -ol ,_ or -...--.--.-,,,No"---""* --111,11 or,..• 11a,11. lli,0t1111_o1 .. --.,..1D..,_tor.....,.l/lf ~ ID -., aac., or ..... ol .. agllq, a -ol eo,,g,... .. ollcs OI ...... ol eo,,g,... I/If .. ......_o1.--o1c...-.. --.. ~°'"""-*-.. -.o1..,.._...,., I• EXBDrr 1.~ Cc-•· Nm-.gol...,,._!Clln._lr--«!_ol,,,.,~ ...,_, _ ,,. ___ ----~,. IIIOllllaaan o1 ,,,., .._ -WWII, -. or ~ ..,_.. CZ)II,,,., ___ ,__...,_ __ _ (laillor,..De_'ll..,._IIDr~or~= -.. alllas I/If ~ ol "" aga,,cy, • ---:I eon.-.., Cllllmr,. ~ ol eaiv-ar • -:r a -ol ear.-,,_ --.._._ .... -..or_..--,,_,--.-__ _ -S-l'ornH.U. ~ l'Gffl ID"-'~-ill--111-. 131 -n. _...., --..... ..,._ 7 - m,llcaort .. --., ,.. ---.. ~ ..... (n::n,c.r,g -....... -coninc::s --~ ---...--, -~ .. --..... oar,ty --.-oillgly . ,,,. Clll'lllcacn •• .,_. ,www: al tac:: .o:r ~ _________ ,._ -.....,._,:,I,. .. -•• ---11:r ~ ,. -..---...-1111-·az.-:-. .s. eo.. Afff -...., -'II -... -C*lillcal:I" ... ,. 111111111 ID a CIW ,.,,.., :,I "Ill --110.000 arc "IO' ,_. _ 1,00.000 .,,, -"'"""' -· -n.~-'IIN_ol .. oriW~--. .. • .., ____ ,. ....... ID..,. -- ...... or~11-•allmr0t_7_ .....,e, .• --ol Ccni,9a ........ flt --:I eo,,g,... or., -:ta -ol C..-., ~ ---=--.-----,r: ...... ,. ...-a -,. N _..,. -_,.. re a.,::r,a S.-Form~ ~ l'Offll ID "-t L:a:-,.. ,, --·--- S.-ot,.__, ... ---~7~ ____ ,,,_,312..,1 . -~ :.:ma. .., ___ 'II_,.. ___ ,. - ID a CMf penany o1 "Ill --110,000 11111 -~ :W. 1100.000 1ar ac, a,C'1 -· Aa the duly 8Ulllorind ,. ......... of Ille appllcW. I hereby centty ltlat lhe appllcant wll com~ wtll'I .. MIO¥e applclble ~.,. l'IIINTED NAME ANO TI TU OF AU1l40NZID ~NTATIYI I GATI 10 ~ -----. • l .. • • • 0 • -- I ~ (.i.) jf\) X - - l . -'!· nH1r 1 r t' 11111'~ .\ ,,,,11,1 .. 1,!fit1 1,'1,•1'1 1, If'' I .... Ii If;: ·1 11•···1 .... ,I'll • 1•'1•1~ ,!,., ~ • . ' 0 • . .)) af ""!'P.l'P-"1. l t mJ11 I arnl f h {If l p I J -.... rf ~ -. . D f It i f ",.,. fo ,. I ,. ~, ... ... Df · 1 ~HiH Lt----;;t--l: l11 HU I -ti .1n f; rSlf ~c: ;il((if § ~ f t I flit ' H I H m r I • ::i I .... i:r , r I 0 . ~ ' ~ I • ' \ • •• w ~ l . . ,) r r t ! l 11 "•t ' i r II fl Ir U I It i i r l '.f !I is· l r "" tljt tr·, ·1 l !l ~1 n ft U ··,h 1 ,1 t1I a ; ;U t 11 U JJ!d ~ f •f1. 11 f ,1 ! • in ii,; I' · 1 11· l 1 t lifi 1!( 1 t• ,L i~!.r ; 1 } 1 • i I f!h i 1'PJ I::! ! ;)ff, f'ii tl! t if Hfi1 ! 11•!! J l~ 1111 . J 1!1 ·1 t! ll l'JJ 1'1 f di th; :h J ! i!~;J F t I l t IJ. . , r ' •. J ' ~ r i' l t 1' l r ' : i1d ~ J w,-; • 'i Pli ~ e1· 1 . fi; 1 1111 ;r HH 1;! ! t U!f1~ i ft 11 I 11 I ~ ~ }{s 1 ( I ,; KJ1J J~! J ~ :t·tg· : lib I il l lij t tf{t 4• 1!1t i l!~I IJ i [i!lii I 111t J .u i l! i 1:H 1 11~ Ji d t 1!1l !1 ! !l!Ii,1 1 ; 011'' ff I I ' 1 f cf. I ,. f I I [ ~ ' f, ;f f f:,. !I .a·! : 3 ~ • " I : 1, i I ,. : is ~I tJ.~~ c: I J fi. h ~ lf , flt h l 1 ,1[ u , ~rJ, ,~, • • 0 • ~tf l.119 ~ .t, r I O . • • t'1 i ~ ... CT " I n 0 CJ g . ' i -- • • I ]-• t~ • ' ,. - • EXHIBIT 5.a 0MB Appt0\111 No. 0805-0001 e-9-97 ---... U.S. Ol'AltTMllff a, Q:llalllllCI DO NCIT ~ ._ lac:TION CMY ..... l OIOll7°10t DATI! OI" IWQUEST APPLICANT FOR FUNDING ASSISTANCE D -040< D ~-040< MlllUCTIONS: -type or pnn1 .-iv. -_,.. bl -lor ......_..,., _ -·• or1ffll'1 --"""ll"IV· In -ID~ 11 -· ... lacl -IOI may -•--or --CIIIIVll lll"'linll -yo,_. 11111 ~ dilQualily -An _____ ......, .... __ ~ollllCIIIIICW,ty-.. 11111_..., ___ ,,_ Ac:l "-'f S--. on -ol l&Wm. ,. -(1"~(11 .. ----· _.., ___ j. I . -AICl--Ol"--Olllc:. ... ,1 __ ,1 .. LA8T _,. MIDOI.E ....... POUSE ·-~(1"-I' ~OFl'ICE 2. DATE o,. IIRTM I l . SOCIAL RCUAfTV ,._ I. U.S. cmzm,r, o-D NO "'"""---· ... --, • 11\.AaOl'Nm< •. ~rw,,,_., -TO ~ -AIC) CCW\ZTE ACDIOESa ,o~-''-'' -TO cc:M'UT"I -- '' "'"~'ICUII\IP-CCIMCTWDOl'Ac:-aL~QIIIAN-~--'l'IOU? ,_ __ , ____ ~,.,.,.....aoooor,-, o- D NO _____ .. ___ .,..,_. •2 IIUULTIOl'CICK~1U.0,,,.,1 • • • WIii ......_ .. ,, u.1.c. 1001 -.a u.a.c . --..---..... ., .. -..-.-.. _..,......., a.llal-.. --·-1-·· 13 , • 0 • EXHIBIT 5.a (Continued) PRIVACY ACT ADVISORY STATEMENT 111a Pt1vecy Act ot 1174 (P.L. ,~n, ....--,.... .,....., _ -"' --(al O 111a --~ - -on Fonn a,.-, or (bl D 111a -far yow Soaal 5-lflty N-. A°"""*"", ..,._ ,o a. NQu-:f -Ac:t, .......... _ -AUn<oRr1"Y FOR T>4I ccu.EC'IION OF T><III OATA IS. ,C,• C/.S C-. /I\IOlic ~. or becu...,. OrderJ Information is used to establish good charac:ar cf ::nnc:pal 1-------------------"""" oflica,s and employees of organiZations. firms or ,ec;;:....is or banefic:iaries of ;rants. loans. or loan gua,antH ;iroc;rams !hat may raceive grams. loans. or guarantees trcm tre U.S. Department ol C.::rr.men:a. QUESTION 11 CONT1NUATION PREFATORY STATEMENT OF GENERAL ROUTINE USES The lollow,ng routine uses apply to . and are incorporated by reference .ni::. each system of records set fer-:, :e,cw: 1 In 111e event 111a1 a system ol records mainta,neo by 111e c .. panment to carry out ,ts funCtlons 1ndica1H a violabon or ;,o· tenllal ""'1a11on ol law or contract. _, CIVIi , cnm,nal or regulatory ,n nature . and ""'9!11er arising by ~al Sl&Me or pan,cular program statute or contract. or rule. regularion . or order ,ssueo pursuant 111ereto. or ll1e necltUlty to protect an ,nterest ol 111e Oepanment. 111a _an, recoras in 111a sy11ern .JI recoras may be referred . as a routine use. to tt,e appropnate agency, ""'9ltler ,-al, -· local or foreign . charged ..,tt, 111• rnpon11bility ot itwfl1igabng or prosec-,· bng suet, Y10lalion or cllarged with enforcing or implernen11ng tt,e mtute or contract. or rule . regulaDOn or order issued pur· suant lhereto. or protecting the inter"1 of !tie Department. 2. A record from 11111 system ol records may be disclosed. as a rou~ne UH. to a F-al. staM or local agency maonta,n,ng CIVI i, cnm,nal or ---entorc_, ,ntorn,aon ~r ott,e, '*1!nent ,ntormat,on. such u current lieenHs ,t neces· sary to octain ,ntorrn.t,or, relevant 111 a ~ oec,s,on conc:em,ng !tie ,unng or retanbon of an 1ndiV1dual . !tie ,uuanc, of a NCunty c-anc•. ll1e lel!ing ot a connc:t or !tie ,nuance of a IIC9nse . grant or -benefit. 3. A recora from 11111 system may be disclOMd. as a rouune UH. to I F-ai. -·or-· or ·--Agitne'/. '" response to ,ta reques1. ,n connection w,tt, 111e as11gnment . hmng or r-llOn of an ,no,Vldual. tt,e ,uuance ot a -unty c i..anc:e. tt,e repor,,ng of an •"""11ga11Cn ot an indhndual . !tie ienlng of a contract . or the onuance ol a hcenH. gram. or -benefit by the requenng agency . to tt,e e111e,11 that ll1e 1nlormat1on 11 -ant and nec.-y 111 the requesting agenc:y"s oec,11on on 111e m-. 4 A recora from 111,1 sy...., of .-may be disc!OMd . u a routine use ,n the course ot presem,ng e,,idenc:e to acourt. mag,atrate or aom,n,str-tnbunai. including disctoaures 10 ~,ng c ounNI ,n tt,e courH of_, negOllabons 5 A record ,n 111,1 system ol records may be disclosed. as a rouhne use. 111 I Memller ot Congress submlftlng a rllQuest ,nvotv,ng an 1ndMOuai -1M 1ndavtdual has requested ••11ane• trorn Ille Memw .. 111 ._, to 111e aub1ect m-of 1M record . I . A record in "'' IYl!8ffl of recordl WNC11 coma,,,1 medic.I ,,,. tarma,on may De CIIICIOeed , • a ,_,,. UM. ID !tie mecical 14 aa11scr :t any individual submitting a recue~ 'er !C.=9SS to 111• rec:r: ~nae, tt,e Act and 15 CFR Part .iC I .. n :ne sole 1uc:c;emr., :I the Oepartment. disclosure cc~,c i a·~ an ad- verse e~e,,c: uoon the indivtaual . under the :r::vis:cn of S U.S.C . 5:23,1) (31 and implementing regulat cc.s a: '5 CFR 4b 5. 7 . Cete,ec:. =.es9"1ed . 8 . A rec::rc ,n !I\IS System of rec:o,dS may be :~'Cse<:. U a roubne ,...._ to tt,e Office ol Managm_, anc =~cc;a, ,n con- nec!lcn -.:, ':l>e review ol pr,vase relief lee;. s:a:c n u set lcr:.'1 ,n 0MB Circ:uiar No . A-19 al any state ct"• ec;,11anve cccn:iraren and clearance process as H! 'ol"!l"': 1n ttiat Circular 9 . A reccr: n ~11 system may be d1sc to1ed. u a rouene use. to tne Cr.artment Of Jusbee in connec:tJon •111'\ cet~in1ng wrea,e, :,se losure ltlereol 11 required by ~• Fr...:cm ol lntonmc:cn Ac: 5 U.S.C . 552 . 10 A reccrc 'Tcm 111t1 syaem ol records may !:e :,acicseo . u a roubne I.H. to a con1ractor ol !tie DHpartrne,:t ~av,ng need lcr Irle ntcrmar,on "' tt,e per!O<Tnance ol :re c:r,e-ac:, but nc1 cpe,a::ng a system ot recoras w,m,n 111e :neL"1nc; ol 5 U.S.:. !U11m). 11 . C.1e,.c:.=.-. 12. J recorc n 111,1 ..,...., may be transferred . u a rc~one uH. ID :he Cffice ol l"er1annel Management le, pers.:nnel re- Marc~ =HI: as a da1a tou1ce lcr mar~ement ,ntor· mncn: 'Cr 71e productoon of summary oesc:,,c11ve NUIIICII anc ana.,.ie&J studies ,n suPC)OII of !tie lunc::cn lcr wh,c;n the recorcs are coUected -,a m•ntalned: or fer re latec man- pawer 1t1.coes . 13 A ·ec:rc: ·n trus system ol recoros may be :i1e losed. u a rocure .;se to !tie Archlv,st of 111a Unitec Stales. Nallonal Arc.~•••• & Records AOman,straDOn (NARA). er n,1 oes,gnH. dun~ a,, e1P8C110n ol records conducted by NAAA as l)at1 ot 71at ac;er,cy ·s rflCIOMllblijty 111 recommer-c ,mprovemenu in rec::~• ~ practlCel ana ~·~ams . under autrlcnty :t M U S.C. 2IO' and 2IOI. S..c~ :,sciosure snail Ile mace "' acc:oroance .,., 111e NARA ~01uon1 govem- w,g ,nacec::,on of_... to,""' IIUfPOH. ar.c other -- Q.e . NA"-' or C-1 ~-S.,C,, dlaclo8ure 111811 net be "'9C to,.,...,.." __ allout ,~. •, -I lfr~ • • • 0 f ,. -• 0 I • •, • <. .. EXHIBIT6 EMPLOYER'S NONRELOCATION CERTIFICATION Pini:~ To be em:ura1 by primary beneficiaries of ,rant usiswice UDder the Public Works mi Ecoaomic Devel.opmmt Act of l 965, as amended (PWEDA). Primary beneficiary is dcftned as an emity providin& die ecODOlllic justificalion for the sram assiswlce . 1111 &:aaaaic Devdopmal AdministnlioD's (EDA) rqulalioas at 13 CFll 316.4 prohibit EDA from makiJ1a ftmncia1 assislance available wbich will be llled II lllilt employers wllD mmm jobl from oai: c,_1tin1 area ID anodler. A c-ain& area (area) is dW area dcftned by die dimnce people traVel ID work in the locality of die project receivina EDA ftDancia1 usilwlce. 1111 nomeJocarion requirenxm stated above sball not apply ID businases which: (1) (2) (3) (4) (5) Relocated ID the area prior ID the daa: of applicalll' s request for EDA assimDcc; Have moved or will move imo the area primarily for reasons which have no coanectioa ID the EDA assisrance; W'lll expml employmall in the area wbere die project is ID be locared subslllllially beyond employmem in the area in which die buaiDcu bad ori&imllY been locUecl; Are reJoc:ariDa from reclmoloaiallY obsolete facilities ID be competitive ; Are apmdina illD die m:w area by addin& a bnnch, affiliare, or subsidiary while rnaiminina employment levels in the old areaorueas; or (6) Are delfflllilled by EDA ID be exempt. Pin 1: N-ol Applicaal : ______________ _ Pin 3: Employw Certlllcadoa NatM of Empk,ycr. ___________ _ Stred Address; ______________ _ T~~ Nwnber. ________ City, Slau, 1.ip <:otu : _________________ _ 1111 emit)' mmed above c:cnifies mi assures that: ( 1) Except u explained in the amclled EzJribit • , it is not its ilJlellliaa ID nmfv ca: or IIIDff jobs from one COlllllaltiq area ID anodler. (If the employer bas already or bas plw ID rdoc:ue jobs from IIIOlba' c:ommJrin& area, a full npl-rirG is provided in E:dribiz ID ~a. dW die c:iramlmDca a.et oae of the exc:epciom dac:ribed in Part 1 above OI provides odll:r justiftcarioa for EDA 10 dmrmine 11111 die busiDas is m:mp from die maeloc:alian requitemenl in this case.) (2) It bas IIDI lowed and dw ii will IIDI loc:are in die project area prior IO dJe dare of EDA. s approval of the propoeed flmDcw usisance for die purpose of avoidizl& the rauiaialll of dlil -1cx:alioa requilw. (3) 1111 llllllasipad is uborized ID !DIR die l'orqoina c:miftcalioa ml 111Ur111CeS 11111 ID eMCUlle dlil Ceni&atiou CID beba1f Of the Employer . u.«IIUd tllis __ dily of----------. 19 __ ., ______________ _ •• lfdle pergisipill& Ibis Corm is DOI a corporue offlc:er, die ClllllplllY 's corporue officer or c:arpora coume1 DIil cenify in writin& dial die siparory is uborized ID leplly biDd the compaay . Wriam c:eni1lc:alioa sboald be IIIICbmd ID dlil form. ·-· 11111 • _ EzJribit 6a : Explulatioo of put or p1amled rdocatiaa of jobs from amdlcr CIC -11111mit•• area. --EzJribit 61,; Corponie Counsel Cmiftcarioll. WdNING N-: Sec:dan 710(a) of die Public Worts 11111 Ec:cmnic ~ ~ ol 1965, • __..., pn,widll u: "Wlloner aalml any -lalowia& ii ID be ... or ~ wiJlfl.lUy _.... IIIY ~. l!ar die par,-ol oblaiaill l!ar llilmclf or for IIIY appliclm aay lllml:ill milaa:c or my emmioa dlaeof by !WWII. ~ or Kliaa. or odlerwile. or die • c a:c. rwlluc, or PlbPinsion ol--.._, ar fDr • purpG1C olin6-=-c iD-, way• miallof 1111 Secnwy ar fDr •,.... ol---. ~. prapany. • ......_ ~va. UDdtr dil Al:l. all be pmilllld by a 11111 ol aac 1111n Ila Sl0,000 or by -..·1 IIDr • rm dla lhe ,an . ..... 15 •, .. ., •· • 0 , • . , • . • • ,, .. THIS PAGE INTENTIONALLY BLANIC • • 0 16 r 'l,, I • "' - 0 I • . ' - EXHIBITS U.S.DEPAll'n(ENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION FORM ED-220PB ONIApMINo.OlilCMIIM ~l!lja&Ol-31-Dll (U!V.1195) No fl-at:ild 1U1UaM• -, h W'ff" ,,..,, t1 --,,ldN ,-. Ila Na t'fffl'Htl 4Z USC fJZll; lJ CR Jlf.J; atl 1' U.S.C. flJ4S. 11lil tblm ..,._•...-I two baun ., complell. T'am _, vuy depeDdiaa OD die ..is of Ille illdividml .. r. Aay -OD die -of lime l..ted ., camplllt lbil form sbould be -., die Dilsmr, Complilllce Review Divilioe. Ee-.: Dnelopmem AdmmillnlioD. Im. H7019, ~ of Coamn:e. Wullillp)D, D .C . 20230, 111d., die Offlce of lnfollllllioa 111d RqulalDty Affain. Offlce ofMampmem 111d lluqet. Plperwort ...._. Pn,joct (0610-0082). WubillllDn, D . C . 20,03 . PRIMARY BENEFICIARY* MARKETING AND CAPACITY INFORMATION REPORT • A PIUMAIIY mmlCIAaY ii cldln.i u one or IIIOft! firms widlin die -indulay. u idcmllled in die applicuioD. wllicll _, -1117 be upocied to USC ,o pa,:a or 1111119 of Ille ..,..... of u EDA 111111-1 facility in onlcr ., ellpllld die mpply of l')Ods or •rvices sold iD COlllpllilioD willl .,._ p,oducen or supplien of such l')Ods or .rvices. I APPLICANT NAME I DATE PREPAIU!D I I EDA USE ONLY PROJECT !110 . __ ---1 ______________ 1 __________________ ~ Provide N-_. ~ for die followma : (Prim or Type) I PROJECT FACll.n'Y I l~~~~~=~-~-----,---------,-,-,,--,,......,..~-~---------1 PllIMAllY BENEFICIAllY (Hadquanen Only) I PARENT COMPANY (If uy) I I 1------------------'---------------- ft!UOSE or nm UPOaT Appliolma for limDl:ial .--. ador • "'1llic Worb ad Be--*~ Ace of 1965, u .......... (Ace) -_... ......_ • • pn,clua(s) or Sll'Ya(s) ., be oflffld ad...._,._ ......... llj, • priallry boaftoiuy, u dlftDld aboYo . la addiliOD, • acll lloaftciuill _ ,_.. ~ ovi1m:e • Ille -..... •be lllllir or..-i., Wllill ......... -,riles. u Nqllind llj, 5oClla 'NIZ of• Acc. TIIII s.... ...... u fallows : PREVEN110N OF UNFAIR COMPETITION Sec:. '712. • No ftnaDcia1 uailaDcc lllldcr lllia Act lllall be WCllded ID 1111)' project when die result -.Id be ID ~ die prodllCliaa of ,oodl. rmms . or o tnw. ar • ffllillbi1ily of aervica or l'acililies, when lbere ii DOC sutnciall de-..1 a llldl aooda , ~. commodilics . scrvica, or l'acililia, ID employ die eftlciclll capacity of eliaina compeuave c--«:ial or iDdllllrial aarprila. • The analytical criteria of Secliaa 702 penaiD ID Ill)' primary bcmftciary ime1ldiD& ID expuid capacity 11111 ala or ID divenify imo new proclucts or services . Tbe followiDc deftnilioas are provided ID clarily die c:oacepa of Seaioa 702 . Capadly • die maximum IIDOUDI of p,cls or services dlll can be produced or supplied by eliaina compemive ellllerpriaa uaiaa eJtisaDa fxilicies . Efflcleat Capacity • dlll pan of capacity produced or supplied dlroup die UM of COllllelllpOfU) llnlCIWa, madliaay 11111 equipmall. daipl 111d IIC!molopa . ~ C..pldlm .......... ID atabliabcd flcilily wbicb eilber producea die -product or IUpplia --.... ID ID or. Ulllllllil1 pan of die arbl area. 17 -• ...... •. •· • 0 ' ]- • " - • • .. CAPITAL PROJECT SCHEDULE If you are simply n:slOnlJI or re-establishing production or sales to previous levels, Check Here [ ) and indiuie die 1ut month and year Ibis facility wu in operation . I I I 1_1_1 lndicare die momll md year in wbicb on-siie work is expected to swt. I I I 1_1_1 Scqucnce of Evems : (m Momhs) 1. I_ I_ I To COIIIIIICDCemelinilial increase of operaliom (6nl sala). 2. I_I_I Fint sales to fully operllioaal capacity•. 3. I_I_I PROJECT DURATION (No. 1 + No . 2). • Your facility will be fully ~ when equipped, inspected md approved for operation u desisn capacity . OPERA TING SCHEDULES Enier the oormal or preferred operatin& rare in your indusay and your plamled schedule for dais facility : INDUSTRY Shifts pet day Hours pet week Weeks per year PRODUCTS OR SERVICES FA.CIUTY Describe uch product or service wbich is IO be IIIUbled !ram dlil facilily • I rault of die EDA-asimd projecL ,,.,.. I c:oacise dcscripciaa tblt dislillpisba your product !ram ill pneric or poup idemily, e.1 ., Fumilun-Oftke, Dab-MCIII. fllnlilllre-lldloam. Hardwood . Product/Scmce A.---------------------- ProdDcvServicc B. ---------------------- Praduct/Sctviee c . --------------------- ProdDcvService D . --------------------- GENERAL MARKETING PLAN Report die followin& as a Perc:em of EllpedCd Facility Sala: I. Market Ara(s) If ya11r laTiDry is IUbaalioall. apecify die -of UMllved CCllllllies. 1W ar aalli-lla uw. ar, if-awcopala. • .,..c.aiala radiw of your service ua. 18 . ' .. .,, •· • 0 I 2. CalelDln!Clienls COMPE'nTOIIS • • , . •, • Oripul Eqllipmcm Mamfacmaaa (OEMa) __ s Omer buliDela Ulal " Wbolaakn -,.-- Dealen/Jobbm-" Retail ..-,~s Odlcr_S Direct Sala " Door-.Door--" Mail Order --,.- Maaufacmren ltllprwaaawea __ s Retail ourlca --" A "CClllpClil)r" may be i&aipelliid • -, aaaprilc _..... ammDy die -type of procb:t or service ID die sami: uaivenc of end· uen. Producu made of emirely cliffaem -.la, or 1nde -. ar aftl alClilD oCla'ill& di1faall types of services are ...c cmlidaed campailive . List your c aq,reDIII 1 . A. "-of Co,npmlor I . If ay lmowD campeaa,r Im 111111 dowD or caerwile nll*awa 6-,-_..-. apecify ia -· loaliaa md reuoa for willldnwal . C. Oiffdlc-llldlowioaofmyaewamieaarplmade•1 ·,.,...,....61:l c iliaiayour-.ara(1). 19 . , .. •· • 0 , -• ,. - • • BASE AND FORECAST SALES IDdicalc ac1Ual ml projecled sales rr-GIily ti* radllty OD die folJowiD& rable . Reccipcl nay be sbowD in tbou.saDd.s of dollan (SOOO). For procb:1ion c,iammes. use die standard iDdusUy reponiDs masure (llllils, pounds. cases. pllom. bbls, etc.). For eac.!i service, use die number or customer calls . Please idclllify each measure ar die r.op of die wn espoudq columL Period I Last run year I sooo lendin& 1_,_,_ !Qty I First run year I SOOO I from start of -- 1 project I Qty I Fim Year I sooo I Project Fully -- 1 Operational I Qty I Past Peu I sooo I (restoration) -- I 19_ I Qty Product A PnNkl I Product C I Product D (in___) (m ___) Cin ___J I (m ___) lllliD uails IIDits I mm • Toals 111.iSt lllftlC widl your proformas milcss dlole CaRcaslS iDclude IIIIRlared ilems . If so, describe in die aarnti\"e be:ow die iypes ot &oods or services and sales ~ wbich acma far • clill:reDcc betwem die -eared above 11111 your tow sales projeaiom . NAJlllA 11VE/ADDENDUM Use die space below or an M¥bnrn D iDdlldc addilimal awarliDI infomalion. AD addmdmll nay be prepared to complell: or elabora on any or die responses l\anlilbed lbove . Marbl or l'eaibility Sllldia are welcamd 111d nay be encloled widl Ibis submi11iao . Please provide die aamc 11111 lllllllbcr of a lllilablc C.... ,.__ Name :----------------AnaCode/Num!lcr ( CDTlnCAUON I, die lllldenipler1. do bmby Cfflify dal die ialxmalioa nparWld Oil dlis l'arm 11111 any •nac:tmmn bere1o la, ID die best of my kDDwledp, a auc represaatioa of die tac:a aDII an accura refleclicm al die bin imllDIIIII al die priary bemtlciary aa of dlis dare . Name 11111 Tide of Offlciel (Prim or Type) Sipelure of Offlciel 20 • < • . .. •· • 0 , - - • • - ,,, - EXHIBIT 9.a Applicant EXHIBIT 9.b.1 Other Parties --2 U.S. m,Alll'TIIINT 0, a.aal9ICI 1. ...... AND AOOMa a, OIICl,UrCAT'Ol6 IDAUUONLY -·-~~ ............. -·-,_ ..... IIO."""'a•-•• 2. OIIGMIZA110N IS: CURRENT AND Cl A-.c:.un' PROJECTED CIT'r Cl OTMl,t il'Alff'I' EMPLOYEE DATA J . CUlltMNf ffWOIIIAIIIT ANO , .. llff.,... IW\.O"l'US STAra ANDZI" TMal __ -------- 4.QJ .. ._....~-..,.,..,111""9 .. -"~-· I .~ 1 . ~-· --ASA IIUULTOP,,..~ ---1'1)· -~· ... _ _..._ -.... _ T----T-----T-T-T-g•.,-, -.... ·-· -• -· -·---• -· --· .... -· --------------... -· -----• I ---_,. I .. •· NJ! ¥NS .. • -.. I • --.. • ---.. • =:1&·-.. • -"':la. .. • --.. • ----.. • -... .. --... .. ___ ----.. .,.,.... __ -.;:.:. "Cc:' -· -------··----GP-.. .. .. .. .. ~Ol'AIIU ,_ ... ......,__ .. .. .. .. .. ,::--OIi -,.,......._ .. I_ ~....r .. .. .. .. .. DAft ... -...:ao,LAalll__,.MTA: --- ---------------·---• ...-......... -...-, .. u.ac. -•.Olu.&C. ltD.1.0. 111 ... -••CIA-I. aCI.R.-Q, 11 Cl.ll-117). 21 • • • , • . ' ]-·- ·, • ]-... .. • • 0 22 r 'l? I • • ,. - 0 , . • Instructions for Form ED-612 JOB CATEGORY OEFI:'IIITIO~S Officials and Managers • Occupations requiring administrative pcISOIIIICl who set broad policies, exercise overall responsibility for accwioo of these policies, and direct iodividlw dqJanmcms or special phases of a firm 's operations . Includes : Officials, executives. middle manaaemcm. plalll manaaers. and superimeode:JIS . salaried supervisors wbo are members of maoagemcn. purc:basing agents and buyers. and kindred workers . Professional -Occupatioos requiring either colle&e &fiduatioo or experience of sucb kiDII and amoum as tO provide a comparable bacqrouod. Includes : accoumams and auditors. airplane pilocs and oaviptars. archiiects . artists , chemists . desiprs. die!itiaas. edit0rs. engineers. lawyers, librarians, mathematiciam. oamra1 scientists. registered professional tlW'SCS, persoDDCI and labor relations worxm. physical scimists. physicians. social scientists, teaebers . and lcmdred workers . Technicians · Occupations requiring a combination of basic scientific knowledge md manual skill wbicb can be olKaiDcd through about 2 years of post bigb school education sucb as is offered in many teebnicaJ instaies and junior colleaes. or tbrou&)l equivalcm on-the -Job 1raining. Includes: computer proerammers and operators . drafters. engineering aides . junior enameers. mathematic aides, licensed practical or vocational muses. pbotoarapbers. radio operat0rs. scientific assistams, surveyors. iechnical illustrawrs . iechnicians (medical. denial , electronic, physical sciei:ce) and kindred workers . Sales -Oc:upations CD&aging wholly or primarily in direct sellina . Includes : advertisin& a&eots and sales workers. imurallce IICIIIS and brokm. real eswe a&ems and broken. salcsWOl'la:n. demonstrators. retail salesworkers. and sales clerks. srocerY clerics and ~biers. cbeclcers. and kindred workers . Office and Clerical -Includes all clerical-type work reprdku of level of difficulty, where die activities are pmlomiD!Ddy 11D11111m1a1 tbouib some maou.al work DOl direclly involved wilh aliering or tnmportio& die producu is included. IDcludes : bookkcepe:-s . cashiers . collectors (bills and accoums). ~ and office b:lpers, office macbioe operators. shippiJII 111d =vio& clerics . sl£DO&raPhen . typisu . 111d secmaries . telesnph and telephone operators . and kindred worlcers . Cnft Workers ~ . ~ worurs of relatively bip still level bavq a tboroU&h and comprehensive knowledae of die processes involved in their work. Exercise comidenblc iodepe:idem j ud~ and usually receive an ex1a11ivc period of trlllml&. Inc ludes : the bui.Jdin& trades, hourly paid supervisors and Jud ope:-ators (who are DOl mcmbcn of mam,cmem). mcclwllcs and repairers . skilled macbinio& occupllions , compo1itors and typeseacrs . electricians. encnvcn, job SCa£n (metal), motion picture projec:tionists . paacro and model maken. stationary e:i1ineers . tailors , and kindred workers . Operadves (semi-skilled) • Workers wbo operate machiDn or ocbc r equipment or perform olbcr facwry-cype dulics or IIIIICnmdwe skill lcvd which an be mastered in a few weeks 111d require only limited tralllllll · Includes : apprcmica (auro mecllanic s . plumbers . bricklayers . c:arpcn1Cn. clcariciam. m.acluaats . 1JM:clwucs . buildina trades . mcwwortr:iq ll'ldes , pnmllll trades , eu: ). opcmives , aaend.ams (auto service 11111 ~). bLurtn, chalft'cun , delivery workers , clrcslllllkcn 11111 23 sewers (except factory j , dryers , furnace workers. buters (metal). laulldry and dry cle31ling, operatives. milliners. mine operatives and laborers. motor operawrs. oilers and greasers (except auto). paioiers (except consiruction and maintenance), pbotograpbic process worlcers. boiler ieoders. truck and tractor dn,·ers . wtaVcrs (teXtile), welders and flam:cuacrs. and kindred workers Laborers (umkilled) -Worlcers in manual occupations wbicb generally require no special training perform eleme:itary duties tlw may be learned in a few days and require the application of lillle or DO indqlcnde:u jud&ment. Includes : garage laborers, car washers and greasers. gardeners ( except fann) and groundlteepers, stevedores, wood choppers, laborers performing liftm&, di&&in&, mixing, loading and pulling operations . and kindred workers . 5erqz Worten · Workers in bolb proiective and nooprocective service occupations . Includes : ancodaots (hospital and olber iosti!Utions. professional and personal service. includin& nurses aides and orderlies). barbers . charworlcers and cleaners . cooks (except household). counter and founwn worke:-s , elevatOr operators. firefi&hte~s and fire protection guards . doorkeepers . stewards, janiTDrs . police officers and detectives , por.ers. waners and wai1resses , and kindred worlcers . MINORITY GROll' DEFINITIONS Black (Not of Hispanic oripn) • All persons having orit.ns in any of the Black racial 1roups of Africa . Hilpalic -All persons of Meltican, Puerto Rican. Cuban. Central or Soulb American . or ocher Spanish cul111re or ori&in , re1ardless of race . Asian or Pacific lslanden -All persons bavin& oripns in any of the ori&inal peoples of the Far East. Southeast Asia, the Indian Subcootincm of !be Pacific Islands . lblS area inc ludes, for example. China. Japan. India, Korea. the Pbilippioe Islands. and Samoa . Ama'icaD lndiln or . .u.llan Sa1M · All persons havin& oricins in any of the ori&ilw peoples of Nortb America . and wbo maintain culaual idelllifiulioo lhrouah tnbal affiliauon or community recO&llit:oo . A. GEl''ERAL ~STRl.:CTIONS FOR ~ITIAL A.'iD FOLLOW-ll' Sl.1IMJSSION l . Initial Submission Requiremeall. EDA Civil Rilhts ReJ'.llations establish the foUowin& requirements for an initial submimon of the ED-6 12 form by applicants and • Other Parues • that apply for or will benefit from EDA assiswx:e . (1be meanin& of tbc term "Other Parues· is discassed below in the insauctions for ilCtll 2.) In most cases lbcse requiremenu are tied tO tbc combined total number of pel'lD&IICDI jobs to be created or saved by tbc App li cant or "O!hcr Party" in tb£ir own worlc!or;e u reponed in item 5 and 6 of die form. ("Perm.uient jobs " are lkfim! below in die imauaioas for item 3 .) Except in dlosc c.:s under (c ) below wbcn 111 "Olbcr Party" is ooc idemifted at the time of project applicaoa tbc form 1111111 be submined to EDA u part of die project appliario11. (a) Appl.Je ws crellin& or savma ~ dlan 15 • •. I • • C ' • pemwiem jobs shall fill out only items I duough 8 plw 13 duough 15 of the form . (b) Appliams creating or saving 15 or more permane:n jobs shall fill out the entire form . (c) ·Odier Panics· creatiJJ& or saving IS or more permanem jobs. and eidlcr specifially identified as such in the project application IO EDA or loc:aliq in an EDA assisted indusuw park before EDA· s linal disbunemem is made, shall fill out tbe emire form . 2 . Falow-up Annual Report Requir--cs. EDA may require anmw or periodic submissions io the ED-6l2 _by Applicams and "Olher Panics" lha1 fall Wider GENERAL INSTRUCTION Numbers l(b) and l(c) above. These submissions shall COl1lain daia as requested by EDA . 3. EDA CiYil lllcbls Evaluation. EDA Civil Ri&bU Rquwions describe the basis upon which EDA evahwa m ED-612 form . The organization amt develop these projections ralcing imo account the character of tbe local labor mma as reported in iran 8 of die form . lnfomwion ob!ained in tbe ED-612 will IIOl be used as tbe sole delerminam of a DODCompliance fiDdiD&. 4 . Lim~ m Dalla Required. EDA Civil Rigms rqulations set tbe following limiwions on tbe emplO)'IDCl information required by EDA . Public Applicams such as towns. cities and counties that employ more tban 1.000 persons need only submit dala for die sub-division. a&CllCY. unit. or depanmmt tha1 acru.a.J.ly administers tbe projec: or uses tbe funds . "Other Parties" and DDD-govermnemal Applicams for business loans nced only submit data for the site , facility or pl.am acuwly bein& assisted . S. Job ea..--. 'J1x Dine job carqoria OD tbe ED-612 for:n (omcials and Manaprs, Professionals. Technicians, ea:.) an 1bc lmldard om:s med in Fedcal reportina and are defined on 1bc from of this paae . 6 . Milmtry ~ 11x bir miD:ny pup desipalions used on tbe ED-612 form (Bladt. Hispmic, Asim or Pacific Islander. and American Indian or Alasbn Nllive) are tbe standard dcsipliom adopted for Federal reportina and an defined on :he front of dlis paae . They are not sciemitic de!lnniam of amhropolosical oripll. Employees lllould be included in 1bc ,roup wuh which Ibey idallify, or ID which Ibey are ieprded as bdoaainl by tbe ~. No person &ball be coumcd in more than oae minorny ,roup . •. INSTRUCTIONS FOR SPEcmc NUMBERED ITDIS The followq insauctions apply to tbe initial submission of tbe ED-612 form . If there is no infomwion 10 enter for a specific item leave die space blanlc . ITEM l • Self Explanatory . ITEM 2 • Check One Box . "Olhcr Par,ia· are orprriwioas that do DDt receive EDA limncial assistance tbemldves, bul indirectly bez& from it. pertlapl by locatina in an EDA assisRd indllstrw • ,, - 0 I• • parir: or by using an EDA consuucu:d water lir.: ·o=: ?:..."'.les • an defined fully in 13 CFR 31 7 . I (b). ITEM 3 -Include only part-time seaso~ ar.d ::=:;,orary employees. Do aot include permanen1 emplo~~s . ITDf 4 • By job caiqory and sex. enter the a:i:loriry ;=~ dala and rows (minority plus non-minority) requ...--sted :~ == empioyees in permam:m jobs only . "Pmnane:i: ;obs· 1.~ .:::'i!Jed here as full-time year-round jobs of indefinite =· :-.:::.· must be at !east 35 baurs a week and 10 momhs a yea:. All ::!::7 jobs will be considered part-time. seasonal . or t:::lp<lr..::-~ are reponed only in item 3 . ITE:'tf 5 -Emer the lllllllber of new permane::I jobs :.~ec-.ed to be :::ealEd as a result of EDA assistanee or be::::fits . 7"= :oust IIOlincludejobs coumed in items 3 or S. nor ;:..::-ti!::=. s::asonal or tClpOnry jobs. ITE:\I 6. Emer the tllllllber of current pe=:ie:it jo:-s :::.a1 are expe::-..ed IO be lost if EDA assiswice or benefits :.:: i:c : ::.:::·,ed. ITE:\17. Emer the number of curren1 empic:-~s ;:: :::=n 4 plus aew jobs created in column S. ITEM I -All data to be entered here mus: :ove~ :::: Labor Market Area (l..\4A). as defined by tbe U .S . De;:a..--=.:!ll of Labor md tile State EmploymenI Service. ~ -..·:lic!l :::~ ;,rojec1 will ,e localed. In most areas of the United Swes . L\t..:., :ocsis1 of oce or more whole coumies . metropoli:.= anc ~~ed L!'.iAs usuallv an coextemive with SWlC4d ~I :::-o:,olitan Statistical Atta$ (SMSAs) as defined by the o::=::: of Mmaaemem and Budget and tbe Bureau of ti:: C::is.:..;. ITE'.\1 , . The ED-612 form must be signcc ,y an al!.!::orized offlcial of 1bc reponilJI orpniz.aiion except w::=:i it :s s-~mitted by EDA Applic:ams as III imqra1 pan of an :DA A;:plic.tion for:n. k is almost always tile case dial the data reques ~ he~: :.s :udily available !rem tbe local office of tbe State Emp!oymc::i Se:-,ices . If ac:essary, EDA "s Economic Devel~ Re;:r:se::ative (EDR). local and State plannina offices IDC ;;oi=:.u:om or Ecocomic Developmem District offices also ca:: assu:. As coted in GENERAl.. INSTJlUCTION N~ 3 . S=:ion A . above , Appliams and "Omer Panics" must :a.cc their '21a inro accoum when Ibey prepare their projeaiot:S for t!:c fuiure mlploym:tll Of minorilies and WOIIICU . C. A.""'J'l,'lJAL REPORTS EDA may require periodic reports . Spe-;:..":c dau will be recµsted • those IDIICI . Follow-up reports ar: :-c~ ;,:.or to 6ml disbuncmcm l'lom applicallls and those ·ot!)er p&..-:ies" who we~e idemified prior ID project approval and ~or those entities who have loc:aled in tile indllsaial park or s:te sine: project approval . • ., •· • C , ]- • • • • ,,,_ 0 l • . - EXHIBIT 9.b.2 ASSURANCES OF COMPLIANCE with Civil Rights and Other Legal Requirements (To Be Executed by "Other Parties") "Other Party " is herein defined as an entity which will be creating and/or saving 15 or more jobs as a result of the EDA assistance and either is specifically named in the application as benefining from the project or will locate or is locared in an assisted building, port facility , or industrial, commercial or business park prior to EDA 's final disbursement of funds for the project . Grant Applicant 's Name : ____________________________ _ "Other Party" Name : _____________________________ _ Address =---------------------------------- Phone Number=-------------------------------- The obligations incurred under this form apply only to the facility or property receiving assistance from the Economic Development Administration (EDA). This form is being executed by an "Other Party" who satisfies one of the following conditions (check applicable section): [ ] The "Other Party" will be creating and/or sav ing 15 or more jobs (estimated No . ) as a result of the EDA assistance , and (check a orb) [ ) (a) is specifically named in the application for funds as benefining from the project; or [) (b) will locate or is located in an assisted building, port, facility, or industrial , commercial or business park before EDA has made its final disbursement of funds for the project. ASSURANCES OF COMPLIAl'lCE WITH THE DEPARTMENT OF COMMERCE AND THE ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) REGl.J""Ut.TIONS UNDER TITLE VI OF THE CIVIl. RIGHTS ACT OF 1964 ,SECTION 112 OF PUBLIC LAW 92-65, SECTION 504 OF THE REHABlLITA TION ACT OF 1973. AND THE AGE DISCRIMINATION ACT OF 1975 , all as amended . The "Other Party " assures that it will comply with Title VI of the Civil Rights Act of 1964, as amended (42 U .S .C . 2000d-2000d-4), the requirements imposed by or pursuant to regulations issued for the Department of Commerce and designated as 15 CFR Part 8 , and any amendments therctO . The "Other Party " agrees to comply with the provisions of Section 112 of Public Law 92-65 (42 U .S .C . 3123 ), the requirements imposed by or pursuant to the regulations of the EDA promulgated in 13 CFR Part 317 , and any amendments thereto . The "Other Party " agrees to comply with Section 504 of the Rehabilitation Act of 197 3 (29 U .S .C. 794) and 15 CFR Part Sb (Regulations of the Depanmem of Commerce implementing Section 504 of the Rehabilitation Act). and the Age Discrimination Act of 1975 (41 U.S.C. 6 101 ~) and 15 CFR Part 20 (Regulations of the Department of Commerce implementing the Age Discrimination Act of 1975, and the general age discrimination regulat ions at 45 CFR Part 90). Such requirements .ho ld that no person in the U nited States shall on the ground of race . color, national origin , se x. ha.ooica p. or age be excluded from participat ion in . be denied the benefits of. or be otherwise subjected to d isc riminatio n under . any program or activity for which Federal financial assistance has been extended . In accordance with these assurances and without limiting the above . the "Other Party " agrees that these 3SSUr:lllCCS Shall be binding upon it . its gramees . a«inr-, -:a~~N , !?' ···•· · · :._e,;e as surances Shall a!S O be binding WfVU1'u ,;,. .. : •••~ ............. vu,,. ,&A&.ICUWJJ&:Ul W UUS prOJCCl . .... • ....... • . .. •· • 0 ' ]- • • - The "Omer Party" acknowledges that it is aware that if there appears to be a failure or dueatened failure to comply with these assurances, and if the noncompliance or dueatencd noncompliance cannot be corrected by informal means, compliance may be effect.cd by the suspension or termination of, or refusal to grant or to continue, Federal financial assistance, or by any other means authorized by law . NOTICE This form must be executed by an official authorized to make the aforementioned assurances conlained herein, with full authority to bind the "Other Party" identified herein. If the "Other Party" is a corporation. this form IDUSl be executed by a ~ officer or person so audlorized ID make such assurances, and the tide block must clearly indicate such authority. Assurance forms execuml by employees other .than corporare officers will not be accepted unless they are accompanied by a separare certification signed by a corponse officer or corporar.e counsel stating the assurer has full authority to leplly bind die "Other Party" identified below . ID the case of an individual exeauing this assurance form as sole owner, sole owner must be indicarrd in the tide block. For situations other than those discussed herein, comact die EDA regional office for insauctiom. ACCEPrANCE OF ASSURANCES OF COMPLIANCE These assurances are made binding for: Nameof"OtberPany": _________________________ _ Address: ______________________________ _ Telephone Number: ( ) ---------- By __ -,,,----=-----------~ (Type or Prim Name) • (Title of Corpome Officer) (Siparure of Official) (Dare) • If die person sipJiDg Ibis form is not a corporue officer, the company· s corporare officer or corporate coumel amt cenify in writing that die siptory is authorized to leplly bind die company. Written certification sbouJd be attached to this form . WARNING False statemems or represenwioos made in connection widi die • ASSURANCES OF COMPLIANCE" are a violation of Federal law punishable by a fine of DOt more tban $10,000 or by imprisoamem for not more tban five years, or both (sec 42 U .S .C . 3220; 18 U .S.C . 1001). 26 •· • 0 , • ,,, -. ' •, • ·, • <, • .. A1TACBMENT B: CONSTRUCTION GRANTS • • 0 8-I • 1 a2xl • • I ]-• • • .. • • 0 B-2 ----------' f __ . I i a a a a • a . l ~-! 1 I t1 j J 'I Ji ~ ! c8 ·-5 i I u -!! --.. -1 $ $ $ $ .. tn -i t Et j1 e 1 Q .A 1.11 0 i ~ f i jj i+ 2 l .. .. .. .. -·1 ., 'g $ $ $ $ g i (J ;a I j I s Z I J Q •. t-! I • c · 2a ii .. .. .. .. ii iJ I i ~ f t 5 l I I I I ~ f "' I 1 "' ~ • l 1 CJ i I I .... I ! 1 I 1 IL CJ I I I I I!! ! i ..; .. .. • a - $ .. $ .. J I 1 I I .. • 0 : • • FIGURE4 Standard Form 424C a a a $ $ $ .. .. .. .. .. .. $ $ $ $ $ $ .. .. .. .. .. .. $ $ $ $ $ $ .. .. .. .. .. .. J I I 1 J 1 t I I f I • ... • • • - B-3 $ $ a $ a .. .. .. .. .. $ $ $ a 1a i I I I .. .. .. .. I .. $ $ $ $ $ .. .. .. .. .. .. ; J = • I t -• J I § .. I ... l u I I ! I i f I :: :: s • • ' a I I ! I i ! ' .. ' I I ! I I I i I i ~ I I I )C I f i ' ... ! I ! J I ~ 1 l&I • ... § ! I I I ... I --t !t ti . rl 1H JU :: j I ! ) I c I I I ' . •. . . •· • 0 , I - • • • • 0 • FlGURE 4 Standard Form 424C (Continued) INSTRUCTIONS FOR THE SF 424C Public rqxxunc butdl:n for dus collection or inronnalion is eslinwed ID averqe 180 minura per respoe2. ~:icn1 lime ror revaew,n1 ,nsuucuons. surchm1 ex1stin1 daia sources, pdlering and mainiainm1 dlC da&a nsdec. me ==?ietilll and review1111 dlC collecuon of ,nformalion. Send comma11s reprdin1 the burden estimale or any ocher aspe::: :>i ::us :oUeclion ol inrorma&ion. iftclud1n1 suuesuons for reduciJI& llus burden, ID the omce of Manapmen1 and Bqe:. ~ Rcducliaa Project (03'8~ 1 ). Waslllnp,n. DC 20S03. PLEASE DO NOT RETURN YOUR COMPL£TED FORM TO THE omCE OF MANAGEM£'T A.'"D BUDGET, SEND IT TO THE i\DORESS PROVIDED BY THE SPONSORING AGENCY. This sbect as ID be used for enc followift& iypes of applicaliGII: (I) "New· (mcaas a new [pm,ious u::i::Dce::; ~ award): (2) ·conunuaaon· <-fuDdins in a succeedinl budael period wllicb -...s 6-a prior~ :o flmd); ad (3) "llevtscd· (means any chanp:s in die Fedaal ao-a-'s r..cia1 oblipcions or coaiapa& liab~ !r::r:: .an ailliq oblipuon). If~ is no chanp iJI Ille awud amoun1 ~ is ao lad ID complee dlis form . Certain~ ap:x::cs may require only an explanacory leaer ID dlC effec1 miftor (no COil) cllanps. If you have qua&ioas please = :.:ie FecleQJ qency. Co"""" a.-lf 111,s as ;in application for a "New" projea. eruer dlC IDlal esumaied coSl of each or Ille iiems lisred on lines I 1hrough 16 (:is applicable ) under "COST CI.ASSIF!CATlONS ." U lllis application eniails a chance io an existin& award , enicr die eligible amounis approved iuuur tlw prr,,io,u -rri for Ille iicms under "COST CI.ASSIFICATION .• CoUllfUI b .-lf lllis is an application for a "New" projec1, enter 11111 poruon of the cos1 of e:ich 11em in Column a. which IS IIOI allowable for Federal ISSISWICC. Con&ael Ille Federal a1ency for ass1SL:ince in de1ermin1n1 lhc allowabili1y of specific COSIS . If lbu applicauon enwls a chan1c io an existin& award . -Ille adJUSlfflCIII I • or (.) I ID Ille snvlOIISly appro,oed COllS (from cohann ~-> rcflccwl 1n Illas applic:auon . co1_,,, c .-llus 1s Ille net of lines 1 11uoup 16 in columns -.. -and,,_. Linc 1-Enier esumucd amoun1s needed lO cower adminasuauvc expenses. Do IIOl include COIIS wl11cll - relaled ID Ille normal funaions ol aoww A1lowlllle lepl cosu arc pncnlly only lJlose auoc:Wlld W11l1 die purc:basc of land which is allowable for Federal panicqaion and ccrwn sa,,,c.es in suppon or -- ol lllc pn,jea. Linc 2-Enicr esumaied si1c and ri1h1(1 )-o(-w1y ai;qu111uon ca.is (11111 1ncludc1 purcllalc, lcuc, and/or ->- w. J.....E,ur CIUlllaled COIIS rellllld ID nilocalioll advilory assis-. replaccmen1 hoown&, rclocalioe ~ 111 dilpla:ed ~ and 11us ...... ac. Line -.Enrcr eslimared basic en1iftec:= i :=es :ewed ID COIIS1NCtion (Illas includes sart·up se:--= r.c ;:.e;ia.'llioa of project performance wor1t plan). Line 5-Enler eslimuecl engineering == =:: u sur,,eys, leSIS. soil bonnp. eu:. Line 7-Enicr es1ima1ed cosu of sit: ;ir:;:antion and restoration whicll arc no1 included in tt: ::as;; ==uaion conu:aa. Line l~icr estima&ed coa of ollic:. lllCp. latlonrory, safety CQUlpmclll. CIC. ID be ,..S II Ille ~ •. :i Slldl cam arc -included in Ille COIIIU1ICUnll coni:x-. unc 12-T-1 of~ I dloap 11. l.mc I; -Enrcr mmaad ~ ~.s. (Couall die Federal a1ency for lhc perccnia1c af i.:ic emmau:d --CQIII) ... ) unc 14-Enrcr die all ol lias 12 aid I,. Luic 15-Enw csciawecl pn>&r1111 income to be ....S CMUI& dll pant penod. LI-, alqpd llllmnU. C:. Lim 17-111&1 block is far Illa -pulllioa ol dla Fedllal ..._ Mlaluply 1111 ma1 a11Dwa1111 projc =-s r.-U.. 16. col-"'-· by Illa Fedaml ,__... ._ (lllia may bl• &II 100 pcrcen1: coa1•ll Federal a1ncy for Federal pen:a8llp 11111'1 ) --die producl Oii lial 17. ·-~ .. - • ..... • I • • 0 , • • 0 • FIGURES Standard Form 424D ... ASSURANCES -CONSTRUCTION PROGRAMS Public reporung bunlen rOI' dlis collection of anfonnauon is esunwed lO average 15 minwcs per !C5ponse, including ame ror reviewin& insuuctions. searching exlSting da&a sources. &atllering and mainwnin& lhe da&a needed, and compleunc and ~I [Ile collection oi anformaion. Send commenu regardin1 rile burden esamar.c or :any ocher aspect or tllis collecaon of information. includin& suu,:suons for reducm1 lh1s burden. tO rile omce of Management and Budget. Paperwork Reducuon P!oJect (0348-0042). Wulwls-. DC 20S03 PLEASE mutQI llETURN YOUR COMPLETED FORM TO THE OFnCE OF MANAGE.'1ENT AND BUDGET., SEND IT TO THE ADDRESS PROVIDED BY THE SPONSOllJNG AGENCY. NOTE: Ccnaia ol llllle -may -be applicable tO ,aar pnlJIICl or prl!Sral. If you have ~ pleas COIIIKl [Ile ~ Apncy. fwdlcr. c:aain Fedlrai ~ ....... lplicia may l'llq\lft applicams 10 cznify 10 addllaaal -. Ir suc11 ii die caa. ,aia will be nafllied. As die duly audlarized ,cpc:a:mai ve or die applicant I cenify 11111 die app1icam: I. Has die lepl IUlllanly ID apply ror Fedaal assmance. I. W-.U comply wull tile lnrerJOvemmcncal ~I Act 111d die IIIIUIUIDlal. -.erial 11111 rmancial c:apab1tiry of 1970 (42 u.s.c. H -'i28-a763l re1aang io prescribed (illc!udin1 funds sumciem ID pay tile non-Feder.ll s~ Slalldards ror ment systems for pn,snms runded uncle, ,, - ol pn1,ec1 C051S) io ensure proper planrun1. rnanasemen1 one or Ille nineteen siaw.es or rqulallons !;!*ifled an It and compleuon or the pro,ec1 described ,n 1h,s Appendix A or OP~'s Slandards ror a Men1 System or IIJl)licauon . Personnel Adm1ruSU2UOn (5 C.F.R . 900. Subpart F). 2. Will 11•e die awanlin1 aaency, LIie Compiroller Ciene:-.J of lhe Un11ed Siaies, and if appropriate. the State . dlroupt any IUtbanzed .qireseniauve. aa:eu lO and tile n1h1 10 examine all records. books. papers. or documenu .ela&ed ro die assiaalce: 111d will emblish a proper accoun11111 sysran ia accordance willl aene,ally accepced accounun1 Slalldlrds or apncy directives. 3. Will not dispose of. modify die use of. or chanae tile ienns or the .al p,apcny tide. or ocher IJllefCSl ,n the site and fac11iues widlout perm-and msuucuons from die awardilll aacacy. Will .ecord die Federal ilNa'IISl m die Dtle al ..i prapcny • accordlnce w11il awardinl qaicy dinai-ad will lllCludc a covenant 111 Ille utJe o{ raJ propcny acqum,d III wllOle or ,n pan w1t11 Federal assasaance funds lO assure non - dascnm1naion dunDC lhc IIICful hie of die pn,,ec ~ ~ Will compl y with the ~uircmenu or the ass ,sianc: awan1Jn1 aacncy w,&11 tl!prd III Ille drafun1 . II!•-and appro,,al or COIISUICuan p1ans and spec,ricauoru. 5. Will provide and 111a1naa1n compe1en1 and M1equ1 1e en11neenn1 superv1s1on at the consuucuon s11e 10 ensure 1h11 the complete work conforms w 11h the approved plans and speci ficauons and will rum1sh propas .q,oru and sucll Oilier ,nfonna&OI .as may be reqwn:d by die aaamia 1wardin1 apncy or Sia. 6 . Will 1n111ate and complete the work w11h1n the applicable 1.1me r,-after rwcapi of approval of the awanlin& asent Y, 7. Will eaablisll Ylca-.u t0 prohilllt employ.a from IIIUII tll&ir posau.s for a IIW1IOM lllal COftllllllla or p,c-die IIIPQl'IIICC or ..,_.i or orp111zaoonal cmlllCl al.-. or ,.--a Plft---- 8-5 9 . Will comply w1lh the Lead-Based Paint Po1son1ng Preveniion Act (42 U.S .C . §§ 4801 et seq .) wh1c~ prohibllS tile use or lead based pain1 in =uon or rellabili&alion of residence S:ructUre$. 10. Will comply wilh all Fedenl swucs relaunc 10 non - discriminalion. These 1nc.ludc but are IIOl timiu:d io: (a ) litle VI or die CiYII R1p1S Act of 1964 (P.L. 88 -352 ) whicll prohi b11S discnm1nauon on die basis of rxe. color or nauonaJ on11n : (b) Tille lX of the Educauon AIMndnlelllS of 1972. as amended (20 u.s.c. H 1681 - 1613. 111d 1685-1686) wluc~ prohibiu clilcrimmaDOn on Ille bais of 11e1 : (c) Secuon 5°' of die Rellabiliimon Act or 19 7 3. as amended (29 U .S .C. t 794 ) wl11cb prolubtu dtscnm11w1on of the basis of handicaps: (d) the Ase D1scnm1nauon Act or 1975 . as amended (42 U .S .C . U 6 101 -6107 ) winch proh1bm discnaunauon on die bows or aae: (e) die Dru1 Abuse Office and Treaunen1 Ac t or 19 7 2 (P.l.. 93 -255 ). u amended . ll!iaun& w non-dlsc:unmaaon on the basis or druS abuse : (f) die Comprehensive Alcohol Abuse and Alcollolism Pre•enuon . Traunent and ltcllabiluauon Ac t or 1970 (P.L . 9 1-616). as amended. relaun1 10 nond1scrim1nauon on lhe basis or alcohol abuse or llcollohsm; (&) H 523 and 527 or Ille Pllb11t Hcallll ~ Act of 1912 (42 t.:.S.C. 290 cld -3 and 290 •·3). as alllCIIClcd . retaunc io confidenaalicy or alcollol and *111 ab11SC paoent .ecords; (b) iulc VW of die C ivil R11111s Act or 1968 (42 U.S .C . t 3601 e1 seq .). as -lldcd. rclaun1 10 non-discnmauuon 1n die sale . rental or rinancin1 of bous1n1 ; (i) uy otllcr non - ~ prl)VIIIOIII Ill the IPIQfic _.;s) ilDCllr wtucb appllCDlion for Fednl -ii 1111111 --. 111d (j) die l'lqllll'llllellS OIi any Ollllr ~ Slaua(s/ whcll may apply t0 Illa IIIPlic:wM ---~-____ .... • . ' Viit. • • • • , -• • - '· nGUitE5 Standard Form 424D (Coatinued) 11. Will comply, or has already c:omplicd. witll Ille rcquircmcnlS o( Titles II and Ill o( Ille Uniform Rclocalion Assi--=e and Real Propeny Acquisi&ian Policies Aa ol 1970 (P .L 91-616) which pn,vides for fair ad equi&able 1rc1&-11 of persons displaced or wlloa pnipeny is acquired • a raut1 of Federal ad fllllrally milud ~ Tbac requiRmclus apply ID Ill i-.s in ral property acquired for project ptarl'OICS re1ardless o( Federal participation in ,__._ 12. Wi1 caaply widl die pn,,,isiolls ol die Haa:11 A.ct (5 u.s .c. ff 1'01-ISOl ad 732'-7321) wllidl lilllil 1111 poll'tical activities of employees wbose pnncipal aplo,-a acuYicies -fll!ldlld in whole or ia pan wilb Fedllal fads. 13 . Wall comply, • applicllllle. widl die provisions of Ille D11Yis-Bacan Aa (40 U.S .C . H 2761 IO 276a-7), lhe Copeland Aa (40 u.s .c. t 276c and 18 u.s.c. I 174), die Connet Wort Hours and Salery Saandards Ac1 ( 40 U .S.C. H 327-333) resardin1 labor swidards for fedaally milud --,a subapwmcnlS. 1,. Will comply witb Ille flood insurance purchase req~ ol Seaioa 102(1) of die Flood Disasw Proaiction Aa of 1973 (P.1.. 93-23') wbicb requires rcipial ill I lpllCial lloDd lllzar'd na IO pauc:ipal& in die pnipas ad ID ,-dale flood insuranc:c if 1111 IOlal COil al -.Ille.~ and IICqUISIUOII IS Sl0,000 or -- 15 . Will c:oaply widl en••= ial Slalldardl wllich may lie pracrillad ~ D 1M follow-a: (a) illluauuon al ••• 1111 qualiay c:oauol -Ulldcr Ille SIGHATIJll OF Al/THOlllZED CUTlFYlNC OfflC'lAL APPUCAHT oac.AHUAnON National Emrironmenlal Policy Act of 1969 (P .!.. 91- 190) 111d Eucmive Onler (EO) 1151,; (b) DOli&accn of viol11in1 facilities punuat to EO 11738; (c) proteelion of wcllaads purnut to EO 11990; (dl ftllualion al flood hamds ill Iii ,..., ia ac::anllDce widl EO 11911; (e)-ofpnljlclCOIIIIIICICY willl die approved Swc ••11cm1a1 pnlll'IIII developed aler die Coalal ZoDI H 51 Act al 1972 (16 u.s.c. ffl451 u1q.): en...-...., ofFedml amam 115aa (0-Air) I JI . 9 Plw mNllr 5cm 116(c) of as 0.. Ail Mi of 1955. • ~ (4: u.s.c. t t 7401 c aq.): (I) ...... of .mde:powd -of dlillllila -_.. .. Sale Drilllr:ills w- Ac1 or 191,. u ameaded. (P.L. 93-523); ud (!I) IIIOIICDOII of edlnc J ...-a1er die~ SplCia Act al 1973. • .....a. (P.L 93-205). 16. Will comply witb die Wild 111d Scenic tlivcn Ac: of 1968 (16 u.s .c. fl 1271 • -i-> imaad ID ;,n:tec::J11 compone.'lts or polClllial campallllllS of die naw:nal wild ad s:enic: nwa1sysam. 17. Will usisl die IWardillC qency ill lDlnlll complimc: widl Secaon 106 or die Nllic-ll HilllDllC Prae:Yacon Aa ol 1966. • -.lldld (16 U.S.C. t t 470), EO 11!93 (idenlificaaon and pi-•llioll of bisainc propen:cs). ad die~ ad m..;c ~a Ac; of I~ (16 U. S.C.t t ~I •-i.>. 18. Will cause ro be perfonDed die required rll'.ancial Uld complilllCC audits ill wwwdw:e widl die Sia1le Al:dil Aaof 1914. 19. Will camply ..... all applicallll ..... -al Ill odllr F9dnl laws.. 'EMaaliYe ON-I. ........ ad ;iolica .,_.., 11111....-. ITTTU I DATt SUIMff'nD ·---- B-6 • < •, 0 .i • • 0 I - • • • , . • ADDmONAL ASSL"RANCES EDA CONSTRUCTION GRA.~ ,,. - ~ As the duly authorized representative of the applicant, I further certify that the appliC311I: 1. Will operar.e and mainraio the facility in accordaor;e with at least the rnioirnum standards as may be required or prescribed by the applicable Federal, Scare and local agencies for the maintenance and operation of such facilities . 2. Will require the facility to be designed to comply with the Americans With Disabilities Act of 1990 (ADA) (P.L. 101 -336) and the Accessibility Guidelioes for Buildings and Facilities, as amended, (36 CFll Pan 1191). Will be responsible for conducring inspections to insure compliance with these specifications. 3. lo consideration of EDA malting a grant 11111/or loan for a project that is requested by an applicant which is a business enterprise, it agrees dw for a period of two years after disbursemem by EDA of said grant 11111/or loan or any pan rheleof, applicam will not employ or tender any office or employment to, or retain for professional services, any person who , on the date such assistance is needed or within one year prior to said date, shall have served as an officer, attorney, agent or employee of EDA occupying a position or engaged in activities which EDA has determined involves discretion with respect to the granting of assistance wider the Public Works and Economic Development Act of 1965, as amended. 4. Will have no facilities under ownership, lease or supervision that are to be utilized for this project either listed or under consideration for listing on EPA·s List of Violating Facilities . S . Will comply with the EDA nomelocation regulations which generally prohibit use of EDA financial assistance to assist employers who transfer jobs from one commuting area to another . This includes an affirmative duty on the part of the applicant to inform EDA of any employer who will benefit from such assistance who will aansfer jobs in connection with the EDA grant. 6 . W'lll comply with Executive Order 12699, Seismic Safety of Federal and Federally Assisted or Regulated New Building Consttuetion, which imposes requirements dw federally assisted facilities be designed aod consauca,d in accordaoce wilb die 1991 ICBO Uniform Building Code; or 1992 Supplemem to the BOCA Nalional Building Code; 11111/or 1991 Amendmeots to the SBCC Standard Buildin& Code. 7. Will oblerve aod comply wilh Federal proc:uremem rules, as defined in 15 CFR Part 24 11111/or Office of Maml""'ffl' aod Budget Cin:ulan as applicable, for awud of any comracts for architee:tUral en,ineering 11111/or JrlDl administraboo mviccs 11111/or consauctioo financed with IJ'Ull funds . 8 . Understands dw aaomeys' or coasultams' fees. whether direct or indirect, expended for securina or obtaining EDA assistance for this application are DOt elipble cOStS. 9 . Understands dw conflicts of imrest or appearances of conflicts of interest are prohibired and may jeopardize this applicatioo or result iD the forfeiture of grant funds. A conflict of interest occurs, for example , where a tepaesemli~. official cf the Federal, Stare or local 1ovemmeot, has a direct or indirect fimncial imErest in the acquisibon or fumisbiDg of any marerials. equipment or services to or in connection with the project. 10 . Will comply with the required reporting requiremems of the Government Performance and Results Act (GPRA) of 1993 for measuriDI aod reponins project performance . SIGNATURE OF AUTHORIZED CEJlTtFYlNG omCIAL TITLE DATE St."BMl'tTED 8-7 , r , , I' ' .. I . .. • • 0 • . ' -• • '· ]~- .. THIS PAGE INTINTIONALLY BLANK . .. • • 0 ... , I 1- • PART 1-APPLICANT AND AUTHORIZATION 1. Provide a justification as Exhibit 8-1.1, for any sole source procurement. 2. Is the applicant a public or private non-proftt orpnization which represents the Redevelopment Area or other specially designated area? [ ] Yes. If yes, provide a narrative explaining bow the applicant represents the interest of the redevelopmem area or, for Title I project, a pan thereof, as Eviibit B-1.2 . [] No . 3. Goftl'IIIDelltal Comments (Applicable to Title I only). Have the appropriate local govemmcmaJ units been given the opportunity to review and comment on the project? [] Yes . If yes, provide the comments from either the govenunental unit with jurisdictional authority over the involved area, or from the unit having authority over the entire project area . Comments arc attached as Exhibil B-1.J . [ ] No . Applicant is the only local govemmcmaJ unit with an interest in the project. 4 . Metropolitan Area Review Process (Section 204, "Demonstration Cities and Metropolitan Dcvclopmem Act, P.L. 89-7S4). Projects involving the dcvelopmcm witbin a TDCUJ1X)litao qarisrical area (MSA) of a hospital , airpon, library, water supply and distribution facilities , sewage and waste IJ'CallDCrl works, highways. transponation facilities, water development or land conservation projects require comments from the metropolitan area clearinghouse/agency . Does the project involve any of the above identified development within an MSA? [] Yes . If yes , provide the following : [ J Comments from the responsible metropolitan area clearinahousc /agency as Ezhibil B-1.4.a.; or [ ] Explanation as to why comments arc DOl available as Ezhibit 8-/.4.b.; or • 0 I • • B-9 ( J The application was made available to the appropriate metrop0litan area clearinghouse/ agency and units of general local government for review on ; and [ ] A cenification from the applicant that the application has lain before the metropolitan clearinghouse/agency for a period of 60 days without comments or recommendations made as Exhibit B-1.4.c. [ J No . PART D -ARCHITECTURE/ENG11'1'EERING Arcbitec:tural/Eqineerinc Information. An engineering rcpon amt be submitted and include , at a minimum, the following infonnation and is attached as Exhibil B-11-1 . 1. Statct:1em of project components . Indicate if it will be a new facility, enlargement, expansion , renovation, or replacemem of an existing facility . Describe the existing facilities and proposed project components in rerms of dimensions , capacities . quantities, etc . 2 . Sketches and/or schematics at a nurumum, showing the general layout and location of the components . 3 . Feasibility Analysis. Include a review of existing conditions . Discuss any potential problems which might delay construction and affect project components . 4 . Identify the percentage of this project which will be utilized by each beneficiary/"Omer Panics " identified as project justification. 5 . Proposed Memod of Coasauction. Indicate whether the project will be constructed by competitive bid, sinale COllll'ICt. multiple contracts . lndicare if any portion of the consuuction work is proposed to be done by applicant's own forces . 6 . Estimate the useful life of the facility and the basis on which it was clefcrmined . • • ]- 7. Include a ~ delailed comuuction cost estimllle for each of die major project o mponeats sbowiD& cpnrities, unit prices 11111 CDcal COIII. 8. ldamfy major c:omauctioD permits required for tbis project. ml if my ue pmlina, provide die 111811 of die request. 9. Provide ID Cllimlle of die IIJIDbcr of moadla for • ,,,_ • • die daip period and die COIIIIIUCDOD pcrjod. 10. If this project will be COllllrUdled adjacelll lO or in the vicinily of a fedenl1y owned or opaaled airfield, aaacb O GJWa&I from die 4i*Opdllle apacy ID . demiG111• dJll die plOject will be coaq,dlc wilb die airfield land-ta pllll .. epmed for die subject airfield• ExJribit B-0.2. a-10 ------- . , • . • • • 0 l ___ . I -• 0 ·, • .. PART m -OWNERSHIP/OPERATION/FINANCING 1. Tide. Does rhc applicam(s) bold &ood mt merchamable tide to all project facilities, UDderlying land, oecessuy easements mt ripm-of-way mt land to be improved IS pan of rhc project purpose? Provide information OD foreclosable liens mt encumbrm:cs. [] Yes. [] No. If no, explain below bow mt when good mt madlllable title will be obrained. Be specific, and ideuify any existing liens mt encumbrances, rhc timiDa IDd procedure for obwniq merchantable title to rhc real property incbwdin& all easemenrs. ripls-of-way. or long tam leases needed for completion of die plOjllct; ml wbo will own land to be improved II put of rhc project purpose (such IS an industrial or cowmacia1 pm). 2 . Owaenldp. Will any of die facilities funded by EDA be owned by an entity ocher than rhc applicant? [ ] Yes. If yes, explain below . [ J No . 3. Sale or Lew. Does rhc appliran(s) mad., .a. lme, lnllder, dedica or orhcrwile convey any imerest ill die project facilities, underlyma land, or any laad illlpowd wilb EDA nsimna:? [ J Yes. If yes, explain below . ( J No. B-11 •. .. • • 0 , - - • ,, _ • ,~ • 4. Mortpps or Other Ums. Does the applPOt immd to monpae or ua lbe project facilities or underlying land to collateralizc any sort of finm:ing, incbadq bonds? [] Yes. If yes, explain below. [] No . 5. Opendoa and Mei,,,-,w.:e. Will opeumou 111d m1il«1•ra respomi"bilitia for lbe project be retained by lbe applicam(s)? [ J Yes . [ J No . If no, explain below. 6. Potential Issues. Are mere any issues such u pendiDa or poteDtial litiaation, environmemal concerns, or bonding requiremems wluch could affect compliance with EDA requirements or the consauction, fiDancing, ownership or operation of the project? [ J Yes. If yes, explain below . [] No . 7 . Real Property Acquilitiaa. Has there been er will there be any propeny includiq all eamms and riams- of-way, acquired for this project? [ J Yes . If yes, complete Exhibit B-m. 7, •"CaJaal•tiou Of &mnwct llclocaaou 11111 LIDd Ac:q1iciriml Expenses", mi enter lbe toCll ~ for •eo. Incidem) ID Lml Acq,risirim-EcEc 9 a• OD lim illaD 3, "llclocatiou expenses mil payma11• of die SF 424C Badpt foall, for C0111 illcwlaO) ID lud acq,•icjrinn 1bis ii ~ from die Mieeerl purcllllc pdce ~ die psopaty. If die psojecl ID be miad will C1U1e lbe displacemear of im:lividalJs, llmilia, billiz 11 1 e or Imm, aplliD bow die psoceduae will comply widl Fedenl llcp)lliom. [) No . B-U • . .. • • 0 , • 0 !• • PART IV· Environment Federal agencies are required by law to independently assess the expected enviromnema.l impacts associated with proposed Federal actions . It is extremely imponant that the information provided be in sufficient detail to permit EDA to perform its evaluation. This information request is designed to obtain an understanding of the area's present environmental condition and the project's elements that will affect the environment. Should you believe that an item does not apply to the project, consult with EDA's Economic Development Rcpresenwive (EDR) or the Regional Environmental Officer for your area before responding . In all cases when it is assened that an item is not applicable, explain the reasons for this assertion. It is important to understand the comprehensive nature of the information required to complete an environmental review in accordance with the National Environmental Policy Act (NEPA). Information must be provided for (a) the site(s) where the project facilities will be constructed and the surrounding areas affected by its operation, and (b) the areas to be affected by any primary beneficiaries of the project. The information submitted by the applicant must be sufficient to enable an evaluation of all reasonable alternatives to the proposed project, the direct and indirect environmental impacts, as well IS the cumulative impacts on the environment IS defined in the Regulations for lmplemcming the Procedural Provisions of the NEPA (40 CFR put 1500). The amount of detail should be commensurate with the complexity and size of the project. and the magnitude of the expected implct. (Previously comple1cd environmental impact documenwion (asscssmeus. Impact Statements, etc .), for activities in the area of this proposed project, may be used IS source material for the Enviroomenral exhibit of this EDA application). Secdoa A · Enriroamental Narndft Provide responses to the followias irans in the order lisrl:d and aaach u Ezhibir B-IV.A, "Enviroamemal Nmative": B-13 (1) Beneficiaries Identify any existing businesses or major developments that will benefit from the proposed project, and those which will expand or locate in the area because of rte project. (2) Area Description Descnbe the general project area including ropography, econotnic history, historic land usages, unique geologic features, etc. In addition to maps which may have been subtnitted as preliminary proposal exhibits, and which should be updated if occessary, attach the following : a. Aaacb as Exhibit B-N.A. l, FEMA floodplain and USGS topop'apbic maps, with legend, showing the project location and boundaries, existing and proposed project components and location of all sites and/or companies benefiting from this project. The document should be of sufficient size and clarity for adequate interpretation of the applicant's intentions (originals are preferred). b. Provide site photos and/or an aerial pbotop'aph of the site if available, as Exhibit B-N.A.2. (3) Alternadves to the Proposed Project Provide a description of alternative actions which were considered during project development processes (i.e. alternative locations, designs, other projeas bavq similar benefits, m1 including a • no- project" alternative), and explain why this project/sire was selected with respect to other choices . ( 4) SboreliDes, Beaches and Duaes. Estuary, Wetlands, Flooclplalns ldcmify any shorelines , beaches, dunes, estuaries, wetlands , or floodplain areas located within or adjacent to the project site(s). Indicate po1ential iml*:t from proposed project activities, and specify proposed measures to tnitipre probable impacts . Coar.act the U .S. Army Corps of Enaineers!U . S . Fish and Wildlife Service concernma any praumable wetland resources in or near the project location . • •· • C , --~-------------------.=---------------,~--------------, - (. Indicate if applicant participates in the National Flood Insurance Program. (5) Vesetation and W'aldllfe Resources Identify native vegetation and wildlife found in the project area or its immediate vicinity. a. Identify any designated State or National Parks, or National Game Preserves, located on or in the vicinity of the proposed project activities. b. ldcmify any Wilderness Areas, as designaled or proposed under the Wilderness Act.or wild or scenic rivers, as designated or proposed under the Wild and Scenic Rivers AJ;;t that are located on or in the vicinity of the proposed project activities . (6) Eadaqered Species Identify any endangered or threatened species of plams or animals, or critical habitats, that have been identified in the project area or its immediate vicinity . Comact the U .S. Fish and Wildlife Service and request comments on your proposal for Federal fuod.iDg . (7) Land Use and Zoniq Describe the present formal zoning designation, and currm land usc(s) of the specific project site(s) and adjaceu land parcels. lbesc areas include tbe site(s) of CODSttUCtion activities, adjacem areas, and areas affa:lcd by the primary beneficiaries. Laad ule(s) ro be considered include. but ue DOl limilied ro, industrial, commercial. residemial, apicullunl. recreational, woodJaods, mines/quarries, 111d open spaces . Identify agriculture laod parcels dcsipllred u "prime/unique agriculrural lands" under tbe Federal Fannlands Protection Act or a local equivalent. (8) Solid Waste Manapmmt a. Indicate the typeS and quamities of solid wura to be produced by the project facilities and primary beneficiaries . b. Delcribe local solid waa colleaion ml dilpoal medlods, and their expected useful life . • B-14 c. Indicate if recycling or rescurce recovery programs arc or will be used. (9) Bazanlous or To:lic Substances a. Describe any roxic, hazardous. or radioactive subsrm:cs which will be utilizec or produced by the project facilities and primary beneficiaries . b. Describe the manner in which these substances will be stored, used or dispose:. c. Complete and sign •· Appli~ Certification Clause" (ED-536), and aaac!:l as Exhibit B- IV.A . 9.c. (10) Water Resources Describe surface and/or UDdergrour.c waxer resources in or near the project area . (11) Water Supply and Distribution Systems Indicate the source, quality, and supply capacity of local domestic and industrial/commercial water resources, and the amount of water which project facilities and primary beneficiaries are expected to utilize . (12) Wastewater Collection and Treatment Facilities a. Describe all domestic class mi/or process wurewuas or ocher discharges associated with the project facilities and its primary bmeficiaries; 111d the expected composition and cpgnritiec robe discbarJed either to a municipal sySlaD or ro tbe local environment . b. Describe tbe wastewater a-eaanem facilities available for processing the additional effluent and indicalC tbeir desi,n capacities and cunent loadiaa, and tbeir adequacy in terms of the dqree and type of treaanent required . Indicate all disclmJes which will require on-site pmreaanem . If local ueaanem systems are or will be inadeqwe or overloaded. describe tbe steps beiDI laken for necessary improvements 111d tbeir compleooD dares . c . Describe aay iDduced cmaaes in local surface WIier nmoff paDfflll , ml rbe stalUS Of • . .. •· • 0 , -• 0 I• • stormwater discharge permit process . (13) Environmental Justice (Executive Order 12898) Will this project result in disproponionate adverse human health or enviromnenta.l impacts relative to minority and low income populations? If so, please explain and elaborate . (14) Streets, Traffic, ParkiDc a. Briefly descnbe the local street/road sysrem serving the project area and describe any new traffic paaems which will arise because of the project . b. Indicate if area land use(s), such as residential, hospital. school or recreational will be affected by these new traffic patterns . c . Indicate if any existing capacities of these transportation facilities will be exceeded u a direct or indirect result of this project implementation, panicularly in terms of car and auclt traffic . (15) Air Quality a. Is the proposed project area classified u a "non- anainrncm " area for any criteria polhmnls? If yes , indicar.c typCS and qnarmes of air emissiom (including odors) to be produced by the project facilities and ils primuy beneficiaries , and any measures proposed to mitigate adverse impacts . b . Indicate if any local topograpbical or meta>rological conditions hinder the dispersal of air emissions . (16 ) Noise Will operation of project facilities or primary beneficiaries ' facilities, increase local ambient noise levels . If yes , indicate the area land uses to be affected . ( 17) Coastructioa Dacribc methods to be employed to reduce adverse impacts from construction, such as noise , dust ,eneration/soil eros ion and siltation. B-15 (18) Permits Identify any federal, state, or local permits of an environmental nature which are needed for the project (i.e . U .S . Army Corps of Engineers, U.S . EPA, Coastal Zone Management/Shoreline Management, Air Quality, State Environmental Policy Act, etc.), and the status of any such permit process . Attach copies of any such permits which have been received as Exhibit B-lV.A .18. ( 19) Public Notiftcatioa/Controversy a. Provide evidence of the community's awareness of the project, such as newspaper anicles or public notification and/or public meetings , as applicable. b . If a formal public hearing has been held, attach a copy of the transcript as Exhibit B-N.A .19 .b . c . Describe any public controversy or objections which have been made concerning this proposed project. Section B -Historic/ Arcbaeolopcal Resources Jdemify any known historic/archcological resources within the project area that are either listed on the National Rqiar ar Historic Places or considered to be of local and Scare sipificance and perhaps eligible for listing in the National Register . Applicanls an: required to provide the State Historic Preservation Officer (SHPO) with (a) a narrative description of the project 's clements and its location, (b) a map of the area surrounding the project which identifies the project site , adjacent streets and other idemmable objects, (c) line drawings or sltetcbes of the project and, (d) photographs of the affected properties if building demolition or renovation is involved . Tbil material should be submitted to the SHPO prior to tbe submission of tbe applk:adcm 11D EDA. Additionally , the SHPO must be requested to submit comments OD the proposed project to the appropriare EDA Rqioaal Office. If tbe SHPO commems bave been received , they should be aaacbed u Exhibil B-IV.B . .... .. •· • 0 , I • • 0 I • - PART V • Project Purpose, Impact, and Prop-am Requirements Section A: General 1. Project Purpose and Impact: Update project purpose, impact, employer's status, if changed since submission of gram proposal. Provide as Exhibit B- V.A. l . 2. Electric and Gas Facilities. Does the project include electric or gas facilities other than necessary standby emergency electrical generating equipment or imemal facilities on the consumer's side of the meter? [) Yes . If yes , provide the following as Exhibir B- V.A.2: a . An explanation of the limitations of available elecaic and/or gas energy supplies as they relate to the loss of jobs or the generation of new jobs. b . Evidence that financing for the facilities is not available from private lenders or other Federal agencies . c . Copies of statements made by the appropriate State or Federal regulatory body that the facility to be financed , in whole or pan, by this ,ram will not compete with an existina public utility under their jurisdiction reuderiD& such a service to the public u rares or charges subject to regulation by the state or Federal regulatory body and if there is a determination of competition, that the existing public utilities are unable or unwilling to meet the increase in demand for such energy . d . Information on whether such facility has been authorized by Congress, if applicable. [ I No . 3 . Explain how minorities will share in the project benefits and bow minorities are served by existing facilities , if any, as Exhibir B-V.A.3 . 4 . Are minorities bein& displaced by this project? - B-16 [) Yes , explain as Exhibit B-V.A.4. [) No . Section B: Title I, Public Works Only 1. Public Works Impact Jtroeram (PWIP) Projects . Is the project being considered for funding under the Public Worts Impact Program? [) Yes . If yes complete the following: a. How many days after a Financial Assistance A ward has been made will it take to begin project construction? __ days . How many days will it take to complete construction? _ days b . Estimate the project's labor intensity . Onsite labor costS S divided by total project cost S equals __ % labor intensity . c. Estimate the oumber of consnuction jobs created : ___ _ d. Explain as E:uribit B-V.B. J , how the project improves the economic or community environment in lreas of severe economic distress ; applicam's plans for hiring the unemployed and uuleaemployed from the project area to work on construction of the project; bow the project assists in providing long-term employment opportunities or other economic benefits for the unemployed and underemployed in the project area ; and bow it will prim&rily benefit low-income families by providing essential community services or satisfies a pressing public need . 2 . Economic l>eYelopment Center Projects . Is the project located in an Economic Development Center ? [ J Yes . If yes , provide a sianed statement as E:uribir B-V.B.2, from the Economic Development District orpnization which includes the followina: •• ..... , . , lrr,r . •· • 0 , ]- • 0 • a . The project has been reviewed by the District organization; b. The project will further the objectives stated in the OEDP of the District in which it is to be located; c. The project will enhance the economic growth potential of the District or result in additional long-term employment opportunities commensurate with the amount of Federal assistance rcqucstcd and includes a plan explaining how new employment opportunities for residentS of nearby highly distressed redevelopment areas will be provided; and d . The amount of Federal assistance requested is reasonably related to the size, population and economic needs of the District. [] No . 3 . E.D.D. Bonus . (Only for an applicant requesting a 10 percent Economic Development District {EDD) bonus grant, omerwise check not applicable.) Does the project lie within a designated EDD and is it eligible for a 10 percent Bonus grant? [] Yes . If yes. provide a statement from the EDD Organization as Exhibit B-V. B. 3, which includes the following : a . The project is located in a designated Redevelopment Arca in a designated EDD; b . The designated Redevelopment Area is participating in the economic developtncnt activities of the EDD ; c . The EDD endorses the project; and d . The project is consistent with the EDD OEDP. [ ) No . The project does oot lie within a designated EDD . [ ) Not applicable. 4 . Rennue Producms Projects (Only for an B-17 - applicant eligible for a grant rate in excess of the direct grant rate of SO percent plus the 10 percent Economic Development District bonus grant rate , otherwise check no.). Will the project generate revenues over and above what is necessary to amortize the local share of initial costs and provide for the successful operation and maintenance including depreciation of the facilities? [) Yes. If yes, complete *"Revenue Producing Projects-Fair User Charge Information· and auach as Exhibit B-V.B.4.a . [) No . The grant rate requested is over the SO percent exclusive of the 10 percent EDD bonus but does not generate any revenues in excess of what is necessary to operate and maintain the facilities. Explain, including operations and maintenance costs to amortize local share as Emibir B-V.B .4.b. [ ) No. The gram rare requested is over 50 percent , exclusive of the 10 percent EDD bonus, but docs not generate any revenues . Section C: Title IX, Economic Adjustment Only 1. E.conomic ~USIIDeDt Implementation Grant. Provide the Economic Adjusanclll lmplcmcmation Grant Narrative as Exhibit B-V.C.l . The narrative should include a discussion of lhc activities or projects proposed for fundioa which should be identified as urqral and prioriry elements within the F.conomic Adjusanem Strarqy prepared or updated within the preceding two years for the eligible uea(s) 2 . Provide a copy of the Economic Adjusanent Strarqy as Exhibit B-V. C. 2. The Economic Adjusanent Strate&)' should address at a minimum the followma : a . An appropriately designed and conducted planniog process; b . An undcrstandin& of the economic problems bein& addressed; ,-,,,·, I' • . , .. •· • 0 I - . . C. An amlysis of die industty sectorS and the firms within tbml that comprise die area's economic base, mi of die pardcu1ar stteqtbs mi weakoesses of die area that CODlribute to, or deaact from, its current mi potential economic competitiveJJeSS . d. Stm:gic objectives that flow from die economic analysis and caac:lusions and focus on sriJrmJarina investment in~ IDll/or expeoding economic • • B-11 acnvmcs that offer die best prospeas for reviwization and growth; and e. Appropriate and oecesaary resources in die area mi eJsewb= wbicb have been k1eorified and lie/will be coontioaml to support impJeontatioo of the P.cooomic Adjusaneot Strafqy. • I .. • • f ,,,,,.. I • • ,,,_ 0 I • • ,, ATI ACHMENT B -CIIECKLIST OF EXHIBITS This checklist identifies all the Exhibits identified in Aaacbmeut 8: Construction section of the application . Those with Asterisks (*) arc preprinted forms. The Exhibit number refers to the part-section-item in the application . Check the items and Exhibits submitted . Part I -Applicant and Authorization [ J 8-1.1 Justification for Sole Source Procurement [] 8-1.2 Redevelopment Arca Narrative [ ] 8 -1.3 Multi-jurisdictional Comments [ ] 8-1.4.a Metrop0litan Area Agency COllllllellb [] 8-1.4 .b Explanation of Unavailability of Metropolitan Area Agency Comments [ J 8-1 . 4 . c Certification of Metr0politan Area Agency Commems Part n . Architecture/Eqineerina [ ] 8-Il . l Preliminary Engineering Report [] 8-Il.2 FAA Comments Part m -Ownenbip/Operation!Fmancbl& [ ] 8-ill . 7 *Calculation of Estimated Relocation and Land Acquisition Expenses Part IV-Environment [ J 8-IV .A Environmental Narrative (including the following): [ J 8-IV .A . l FEMA Floodplain and USGS Topographic Maps [] 8-IV .A .2 Site Photos and/or Aerial Photo [] 8-IV.A .9 .c *Applicant Certification Clause, ED-536 [ ] B-IV .A .18 Permits [] B-IV .A .19 .b Public Hearing Transcript [] 8-IV .B SHPO Clearance Part V • Project Purpose and Impact [] 8-V.A .l Purpose, Impact, Employer Swus Update [] 8 -V .A .2 Electric/Gas Facilities Explanation [] B-V .A .3 Minority Participation [ J 8-V-A .4 Minority Displacement [ J 8 -V .8 .1 PWIP Employment Explanation [ ] 8 -V . 8 . 2 Economic Development Cemcr Project Certification [] B-V .B .3 Economic Development District Bonus Certification [] 8 -V .8.4 .a *Revenue Charge Information [ J 8 -V.8 .4 .b Explanation of O&M Costs [ ) 8 -V . C . l Economic Adjustment lmplemaation Gram Narrative [] B-V .C .2 Economic Adjustment Stratqy B-19 • 0 • • l -• • <. \, .. TBJS PAGE INTENTIONALLY BLANlt • • 0 f .......... , I ]- • "' - 0 , . • Emlllll'B-ID.7 CALCULATION OF ESTIMATED RELOCATION AND LAND ACQUJSfflON EXPENSFS rrEM 1. COSTS INCIDENTAL TO LAND ACQUISfflON -ESTIMATES Number of und Transaaicm IDvolwd (IDclDdiDa opciolll, aammm 11111 ria184-way): ----- Rec:ordma fees, ttaDsm ma, surwys, appnilals, lillc search aod similar expenses-Seaiaa 303(1) Pem1ry COSIS-Seclion 303(2) Ital Propcny taus-Sec:lioD 303(3) Tow -Eslimaled c:osu iDcidemal ro nmm of lide rrEM2. RELOCATION-ESTIMATES a. TENANTS • Eslimala : Number of Claims---- (1) Movina Expcmcs : • Actual Expcmcs • -Section 202(a)(l) ID lieu paymam-Section 202(b) Total RClllal paymems-Seciion 204(1) Tow (3) Tow Ellimlred Temms b. OWNER-OCCUPANTS -Ealinmm : NamberofClaima ---- (1) MoviD& Expcmcs : • Acllll1 expema. -ScaioD 202(&)( 1) Tol&l (2) lleplacemem bouailla payrm: Purthase payrm-seaioa 203(a)(l) Reasonable replaccmm c:osu-Scction 203(a)(l)(A) lllcreased imerest COSIS-Sec:tioD 203(a)(l)(B) Closiq C:OSIS·Sec:tioa 203(a)(l)(C) Tow (3) Tow Eltimalled Owner-Ocn!plDD B-21 s s s s s s s s s s s s s s s s s s s s s s s ' . , : ilffit , • • • 0 ' ]- • • • 0 t• • CALCULATION OF FSl'IMATED RELOCATION AND LAND ACQUJSmON EXPENSFS c. BUSINESS • E.slinaes : Namber of Cllillll ---- d MCMIII Expcmes: ~ .,, "Aaual" apemes-s«lioa 202(1)(1) s • Aaual" lou of lllllible per-1 propcny-Seaioa 202(a)(2) s • Ac1ual" scardlills apcmcs-SeaiaD 202(a)(3) s Ill lieu paymmrs-Seclioa 202(c) s Total • Ellimued BusiDaa s d. NONPROFIT ORGANJZA110NS • ~: Namlc af Clliml ---- MIMIII Expcmes: • Ac1ual" expemes-Seaion 202(a)(l) s • Ac1ual • loss of talllible per-1 propcny-Seaioa 202(a)(2) s • Ac1ual" scardlills apcmcs-Sediaa 202(a)(3) s Ill lieu paymr:ms-Seaica 202(c) s Tocal • Ealimared Noaproftl OrpaiDlioas s e . FARM OPERATIONS· Eaimlla : Numbcr of C1aiml ---- MCMIII EKpemes : ... • Ac1ual" expemes-Seaioo 202(a)(l) s • Aclllal • loss of lalllible per-1 property-Seaioa 202(a)(2) s • Aaual" searcllq apcmcs-SediaD 202(a)(3) s Ill lieu paymcms-Seaioo 202(c) s Tocal • Eaamared Farm Operaliam s r. AOVlSORY SERVICES • l:alilDas : Numbcr ol Cllillll __ _ I s 1· AOMIN1S11tA TION • Ealimml: Namlc ol Cllillll ---- CCJlllnC1iD& wilh ialmdual, 11nD. MIG i• 1 or C1111p,11111icm S1cd• 212 s As-w/ Federal or Swe ao•a-llC aaacy or aD'!mrne,Hcy...s.::daa 212 s Tocal • Ea~ Adminisnliaa s rrEM 3. GRAND TOT AL "' - EDier die sum or Item 1 and lrcm 2, pans a dlroup I ill dlil ban ad allo • U. 3 ol 1111 Dlllilld Plaja:l ...... Flpn 4 ol 1111 applicalioa . GRAND TOTAL RELOCATION EXPENSES------ B-22 • . .. .. •· • 0 , • II - 0 , . • KmDlrr B-IV .A.t.c ........ ~: -----------------l'Nilld Nlalllr: --------- TIie Applicam rcpracllll 11111 ceni1la dm il Im 111111 .. clllipm:e ID dllamia dill 1111 ...,, IJ \I ma ol .. a dllc:ribed llaeiD is ICCllla widl 1apec11D die preacm:e or llllmz ol • . Hie n fnllll Dllic or llllanlalll t t 11 • 1k -·-· illl:ludll 1111 cnriR ecopc of die project, includins 11111n pbaw of 1111 projecl ml ID -wlme cw..:liuta will -. l. It 1bl tile cumndy, or Im il iD die pa& 8fty ,-n, '-1111d tar• of 1111 lallowlrll .,..._ • ll:IMdet: I) ....-. ofllllardaat • t •a/or._ b) ..-, tllnp (lallplnr)' or 5pima-lf)I), or...,_ of tolill or llllanlalll _._. a/or_. C) ..... of peaollam peadllm II) millmy ...-or -lllllli•lie·oa111nirlirls or.,.. i) inlll wwblfolllldry OYES OYES OYES OYES OYES OYES OYES O'Y'ES DYES OYES OYES ONO ONO ONO ONO ONO ONO ONO ONO ONO ONO ONO 1'1111 oldie lbo¥e ....... -occurnd• .. tilt, ad ............. or-.---pwh+4 la KC $ 1 willl die lDc:eL -11111 Padall lawa , prnridl ti I ol-*C:....· OYIS ON(\ B-23 .. .; ' • • 0 , ~ I ]- ] • JJI - • t• • '· FOR.\I ED-S36 Praject Nimbel': _______ _ 3. Has a Fcdcral. stare or local rqulalDry llllborily -c:aaducled m aubwmal .-- auilwwwmal illlpaci ._. or a prelimillluy -'• impecliDa. or similar CU'fi.tUillllaDI survey or impccDllll repon ll die liv:? If yes, pmxide ,..,. of rwpor11 or raall. 4. Have aay ~ or OSHA cimiam or DDlicca ofviolaliaa beeD issued ID im fal:ilily? If yes , pmxide c:qiin. S . Have aay ....pami11ecl relcucs ofbazudoas 11111111Dces o=med ll Im fai:ilily wllich raulmd ill DOCiflcllim ID die EPA's Naiiaall Jtaii-e Cemr? If yes . wbN was tbr neatrr ot rbc cl e? 6 . la ubesa CC11111i1iDa imamial c:ummly ill a fldlil:y? Jfyes, *'"9!r wl pmxide . 4 ..... I' .• SPP end Federel 1111PIIIDl1 1,fl 7 . la dlae my eqnipmm (ellclrical cuadaw1, •.) cmalaill polydllu.:ilalll llipbmyll (PCB) Clll Im sile? Jfyes, dncrbr c:nndlrim ofdw ••4 I I c. ,,,_ ""C I . a. Are dlae WldapOiilld sa,rqe 1111b Clll Im me? b. If so. bow may are dlere? ---- c. Have Ibey been impected for lab willliD die put yar7 If so, ,rhw wrr lbc r:auJa? If DOl, proxidc esplemrinn. 9 . Has die l'acillly been tel1lld l'or radaa? If yes, pmxide mula. 10 . Have dlere been or are lbere aaw my ~ iD¥aapliom by Federal, .._ or local aovmmmir aaenca wmch coukl affect die me ill qlllllioa? If yes, pmxide available in1bnmtricm CYES CYES CYES CYES CYES CYES CYES CYES CYES CNO CNO CNO CNO CNO CNO CNO CNO CNO 1be applicam aclalowledps dial dlis c:eniflcaliaa reprdills llmnlau lllllllwel raJ/01 ww ii a amerial 1epcCWlllllim of f.ia upaD wbicb die Goverumem relies wbm cUCllliDI dlil awan1. The Govel1lillClll reserves die ripl 11D lel1lliaDe die award. if II my 111m clurial die 1lldll life of die project i.t bee-. aware dial bmnlous 1W1111111ZS md/or -• are praem lbaea. or dlll sucb buardaal ...,,..... a/or.,.. !law beeD iDlppnlpriMely IIIDdled --. Furdlcr. ifil isde:1 ·wt amy lime illll ds pl'IIIIICC ofbuardaal 11!+1 e aifllWMIII, or ialppnlpria IIIDdlilll dleieof, Im been misrepreselllle. die Govemmm will llliJize odler a¥lillllle lepl ~ apiml die applicalll. 111116 ..... B-24 .. •· • - • • • • .. EXHIBIT B-V .B.4.a REVENUE PRODUCING PROJECTS -FAIR USER CHAR.GE INFORMATION If tbe project will generare revenue and/or die request for EDA assiswlre is in excess of 50 percem of die IDul estimated project COil. excludiag E'mormic DcvelopmeU Disttict {EDD) Bonus, die following informanon IDUSl be provided. Fair user charges are defined u revame received from purchuers, lessees, or users of the facility's services less die coses for operation and mainrenance of the facility. reuomble depreciation reserve, and debc service . l . Summam.e the current ml probable IIIIDber of new purchasers or 111er1 of die project's services and dleir respective amniaJ voune of purchases or cammprion (Describe volume unils as pllons, cubic feet, kilowau hours, acreage, to11111ge, square feet for remal space, etc.) NUMBER OF PURCHASERS/USERS AND CONSUMPTION Service Carqory C-asof EllNew EllNew TOIII TOIII Voham V'*- 19 --layr 3rd )'1' layr 3rd yr layr 3rd yr Raidmlial C-.rciai ladumial Olber 2. Is tbere an existing facility? Yes{ J No{) ls it metered? Yes[ J No[ ] . If DOC merered, indicate how die volume is measured: 3. Provide die rares c:baraed per UDilS of volume by three c:ompanbly sized CWliiilAiiDes or orpnizalioas in your area for services similar to dlOle provided by mil project. (Copies of 1beir r. scbedules will suffice if amchecl hereto): Service C..IIOrY Nm.of RaidalliaJ c~ llldumial 4. Complere Ibis summary of umual operaling staremem dara for die existing facility (if any) and die proposed project . Do DOt include revmie, income, expemes. reserve or debc service IIIIOUIIIS auributable to noarellled facilmes or activilies . Exismq Facility Emling a: Proposed Project Put 2 Filcal Y n 111 Yr 3rd Yr 19 __ 19_ 19_ 19_ (j,-Revenue Generared Less Onennn. & ~ COIi Las .._,,. Las Debi Servica . Nee.._ B-25 •• .... . ' • . .. •· • 0 . -t''.:I '. '32xl • ,~ ]-• • , . . • ' .. TBIS PAGE INTBNTIONALLY BLANI • • 0 ----~----~---........ l ~• BBSOLtmON NO.~ SERIES OF 1998 ~- • • • A RESOLtmON RBCOMMENDING THB APPOINTMENT or SHAWN LBONARD TO THE HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS. there ia a vacancy in the Enc}ewoocl Houaing Authority; and WHEREAS, Shawn Leonard baa applied to aerve aa a member of the Enc}ewoocl Housing Authority; and WHEREAS, the Mayor with the approval of the Enc}ewoocl City Council desires to appoint Shawn Leonard to the ED1lewood Houaing Authority; NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. THAT: $c<;tjpp 1. The City Council of the City of Enc}ewood, Colorado recommends that the Mayor appoint Shawn Leonard to the Enc}ewoocl Housing Authority. Shawn Leonard's term will be effective immediately and will expire July l , 2003 . ADOPTED AND APPROVED thia 20th day of July, 1998. Thomu J . Burns, Mayor ATTEST : Loucriahia A. Ellis , City Clerk I , Loucriahia A. Ellia, City Clerk for the City ofEnc}ewood, Colorado, hereby certify the above ia a true copy of Resolution No .~ SeriN of 1998. ' I •, 11 CV .. • • 0 , I • • • • • TO: Mayor Tom Bums and Englewood Council Members First and foremost I would like to thank Council and the citizens of Englewood for allowing me to attend the CIIL Conference in Breckenridge from June 23 thru June 27th. I am not going to make a lengthy and boring report. The following is a list of the classes I attended and as you can see from the attached letter from CML I have finally earned enough credits to receive The Municipal Leadership Training Certificate. 1. Opening General Session Political Leadership Into the next Century. 2. Political Leadership Part 2 3. Communications on the Municipal Team 4. Meeting of CML Board Candidates 5. I'm Juggling As Fast As I Can 6. Attainable Housing 7. General Luncheon Gov. Roy Romer 8. CML Business Meeting 9. WIMG Breakfast on Humor among Council (This was Great!) 10. Managing Intergovernmental Disputes 11. Mayor and Council Members Lunch Mont Humortl 12. Sustainable Development (Diacuned Cinderella City) 13. Public Faces Private Lives 14. Closing Event Breckenridge Bah 15. Advanced Issues Management. I have all the books from the claaes If you are Interested, I will make you t copy. I serve a very diverse district and • very Interesting dlstrtct. I appreciate being allowed to attend the CML and NLC Conferences. It gives me new Ideas on how to approach dlfflcult Issues and new 1......_ ClndeNlla City wn a big topic of discussion. We are truly on the cutting edge of with our T.O.D. Design and there are many who are envious of our bold atap we as a Council have taken I hope we continue to listen to the nNda of our constituents. Once again, Thank You. Respectfully, ~~ . -• "' - ., •· • 0 ]- - • • • (, CML 1660 Lincoln Street. SUite 2100 • Denver. Colorado 80264-21 O I • Phone (303)831-641 I. Fax (303)860,8175 July 16. 1998 Ann Nabholz Councilmember. Englewood 2990 S. Delaware St. Englewood CO 80 I I 0 Dear Ann : I am writing to extend the congratulations of the CM. Exea.ilve Board on your completion of the Municipal Elected Officials' Leadership Training Certlflcate Program . We would like to present your certlflcate to you. or announce that you have completed the program. during your District Meeting this faU. In addition. \Ne will be sending out a press release to your local newspaper prior to the presentation of your certificate . If you have any questions with regard to the award of your certificate. please contact .Jotvl Covert in our office. Congratulations! ~~ Kenneth G . Bueche Executive Director 6' -. , • . .. \ • • 0 ]- - • • ,.. • t• . • ' 1660 UncOln Street. Suite 2100 • oenver. Cc*llldO 80264-2101 • PIIClll8 (303) 831-6411. FAX (303) 860-8175 TO: Ann Nabholz, councilaeaber, Englewood FROM: Barb Major, AdJlinistrative Assistant SUBJECT: Elected Officials Training Certificate Progr&a DATE: July 16, 1998 Thi• i• to acknowledge that you enrolled in CML'• Elected Official• Training certificate Prograa on 6/28/97. According to our records you have earned the following credits: ATTENDED/ CREDITS DIUIED (1) ELECTED OFFICIALS WORKSl~P: (2) 6/27-7/1/95 ANNUAL colfFERENCE: (3) GROWTH WORKSHOP 11/9/95: (4) ELECTED OFFICIALS USHP 1/20/96: (5) LEGISLATIVE WORKSHOP 2/8/96 (6) ELECTED OFFICIALS WORKSHOP 5/18/96 (7) ELECTED OFFICIALS WORKSHOP 5/25/96 (8) TELECTOMMUNICATIONS WltSHP 5/23/96 (9) 6/18-22/96 ANNUAL CONFERElfCE: (10) COUNCIL COLLABORATION 9/28/96 (11) FALL DIST. MEETING BALLOT ISSUES (12) GROWffl/LAND USE MEETING (13) LEGISLATIVE WORKSHOP 1/30/97 (14) WIRELESS WORKSHOP 2/21/97 (15) ELECTED OFFICIALS woRJtSHOP 3/22/97 (16) FISCAL POLICY WORKSHOP 4/11/97 (17) 6/24-28/97 ANNUAL COlff'BRBIICE (18) CONNECTING CITIZENS (19) FALL DISTRICT MEETING PRE IIEft (20) LAND USE WOIUCSHOP (21) ELECTED OFFICIALS woUSHOP (22) LEGISLATIVE WORKSHOP 2/5/91 (23) EFFECTIVE LEADER wollltSHOP 2/21/91 (24) ELECTED OFFICIALS WOUS80P 5/9/91 (25) ELECTED OFFICIALS WORKSHOP 5/16/91 (26) ANNUAL CONFBREIICE 6/23-27/91 TOTAL CREDITS DJUIED: 31.75 6/21/97 17.50 6/27/H 14.25 ' ,,. -. ' I ' • . ' .. J • • 0 t --I • - 0 • t . ' " ---- -v--~ ,~~~~- -= f.e ~---/-----,;.LI) ?. ~ ~ '7d, ~~ ~,od-1--b~ -~ -- s-ltiJ4~~---I· • • - 0 • - I. . 0 , - ----. --- --- • • . - • 0 • I· • ' I • ' --- --- • • • ,, , 0 I • • r, • ------ . . . I. . , __ • 0 - • . . . I· ' • (') - • • • • • AGENDA FOR THE REGULAR MEETING OF t• THE ENGLEWOOD CITY COUNCIL MONDAY, JULY 20, 1998 7 :30P.M . I 1 . Call to order.~ :3/-~ 2 . Invocation ./)~ 3 . Pledge of Allegiance . ~· : :~;;' ~~ !IAud{~ a,'~'~'1/,ll,J$J//!"''"CityCouncilmoetiogolJ,~6 .1..:~ Yr; I Scheduled Visitors . (Please limit your presentation to ten minutes .) fr ~~-v~-lf!tWf/Jfta~WF,s .) ~m~~and~. i. Council Bill No. 40 -Recommendation from the Utilities Department to adopt a Bill for an Ordinance granting a Water Line Easement at Bates and Emerson . STAFF SOURCE: Stewart Fonda, Dl'9Ctor of UtllltlN. ii. Council Bill No. 42 -Recommendation from the Department of Parks and Recreation to adopt a Bill for an Ordinance approving an lntergovemmental Agreement with the City of Sheridan regarding Landscaping on South Santa Fe Drive . STAFF SOURCE: Jerrall Black, Director of Parka and Recl'Nllon . PINN note: ff you have a cllublllly and nNCI auxlllary alda or wvk:N, pllw nalNy a. Clly ol 11 ... aoocl (712•2405) at laasl 41 hours In advance of whM NrvloN .. ........_ ThMk ,OU. . , • . ' .. •· • 0 - - • • • 0 t• • • Englewood City Council Agenda July 20, 1998 Page2 rul ~ rnJJ-13 trzJ./1-L# b . tJdl-~ (;2)-J-I&_ 071.J...i iii. Council Bill No . 43 -Recommendation from the Department of Ne ighborhood and Business Development to adopt a Bill for an Ordinance approving the vacation of a Utility Easement in Lots 1-3, Belle Isle Gardens (2"" Filing). STAFF SOURCE: Harold J. Stitt, Community Coordinator. iv . Council Bill No . 44 -Recommendation from the Department of Neighborhood and Business Development to adopt a Bill for an Ordinance approving the vacation of a right-of-way in the 1800 block of West Cornell Avenlf, STAFF SOURCE: Harold J. Stitt, Community Coordinator. , Approval of Ordinances on/1.S~ r~ng~ // ,/;h i. Council Bill No. 33, ~ an Intergovernmental Agreement with Arapahoe County to conduct a coordinated election . ii. Council Bill No. 34, amending Title 8 (Elections) of the Englewood Municipal Code . iii. Council Bill No. 35, placing a question on the November 3, 1998 ballot regarding changes to the City's issuance of bonded debt. iv . V . vi. Council Bill No . 36, placing a question on the November 3 , 1998 ballot regarding a Home Rule Charter amendment pertaining to Initiative and Referendum . Council Bill No . 38, authorizing the transfer of property to the Englewood Environmental Foundation . Council Bill No . 39, authorizing the lease of a building to be used as a Business Development Field Office . ~~ ~tlu_!c)and Motions. !) ~ / ;i f 3 7Tf"~ Recommendation from the rtment of Public Works tf approve , by motion, • the purchase of a sand a storage structure. Staff recommends awarding the bid to the low bidder. Dome Corp. of America, in the amount of $74,475 .00. STAFF SOURCE: Charles Eat9rty, Director of Public Works. ii. Recommendation from the Department of Financial Services , City Clerk's Office, to approve, by motion, a contract for Codification services . Staff recommends awarding the bid to the loweltlllltldcally acceptable bidder, Municipal Code Corporation . STAFF SOURCES: Loucrlahla Ellis, City Clerk, and Frank Gryglewlcz, Director of Financial Servlcff . iii. Recommendation from the Department of Parks and Recreation to approve, by motion . a contract for landscape maintenance at South Santa Fe Drive and Hampden Avenue . Staff recommends awarding the bid to the lowest bidder, Schultz Industries, Inc. in the amount of $54 ,650.00. STAFF SOURCES: J8f'1'911 Black, Director of Parka and Recreation and Daw LN, Manager of Open Space. PINN nole: If yo11 haw a dlublllly and need ... 111ary alcla or wvlcN, plew nolly Ille Clly of Englewood (7'12-2405) at ..... 41 hour9 In advance of ..... NrVk:N ......... 1'** you. •· • ' • ;- • I • • '· l:nglewood City Council Agenda July 20, 1998 Page3 11 . Regular Agenda. 12 . c. Resolutions and Motions . Recommendation from the Department of Financial Services to adopt a resolution approving a supplemental appropriation of $6,488,000 and transfer of funds from the Capital Projects Fund and General Fund to the Englewood Environmental Foundation for an accelerated site preparation plan, including environmental remediation, demolition, fill material, and the construction of lnCfl)) • ,,_ l. North. STAFF SOURCE: Frank Gryglewlcz, Director of Financial~ Recommendation from the Department of Financial Services to adopt a resolution establishing fees for Telecommunication Facilities Licenses under Title 5, Chapter 27 of the Englewood Municipal Code. STWf. ~~:_F_~k ./ Gryglewlcz, Director of Financial Services. J'P ~~ Recommendation from the Department of Administrative Services to adopt a resolution approving the Collective Bargaining Agreement between the City of Englewood and the Englewood Employees Association for 1999, 2000, and 2001. STAFF SOURCE: JacriJ~ad~g ~Director of Administrative Services. vv ~7/' ..., ""'" Recommendation from the Department of Neighborhood and Business Development to adopt a resolution authorizing the City Manager to execute an application for funding under the U .S. Economic Development Adminl ra · Title IX Adjustment Assistance Grant. STAF.F SOURCE: /"'1"fJ--?fW.""1i,v\.,,, liollln1auua:1b, PeeefnNI h•lf&l. A resolution recommending the ap Englewood Housing Authority . A &<;tA1u .. General Discussion . a . Mayor's Choice . b . Council Members' Choice . PINN note: H you have a dlublllty MCI nNd auxlllary aids or wvlcN, plew noClfy the City of Engll:•ood (712-2405) at lust 41 hours In advance of when NrVlces .. nNded. Thank you. ... • • • 0 ' ]- • • • t• • ' ,, Englewood City Council Agenda July 20, 1998 Page 4 13. City Manager's Report. a. · Englewood Center Update. 14. City Attom~eport. ~ Adjoommont ~ '?.'7.,-q~'.~ The following minutes were transmitted to City Council between 7/3/98-7/16/98: • Englewood Downtown Development Authority meeting of May 13, 1998 • Englewood Liquor Licensing Authority meetings of June 3 and 17, 1998 • Englewood Board of Adjustment and Appeals meeting of June 10, 1998 Englewood Planning and Zoning Commission meeting of June 16 , 1998 • Englewood Code Enforcement Advisory Committee meeting of June 17, 1998 ' I .. , PINN nom: If you have• 111 t111y and need MIXlllary .._or---. plNN na111y .. ca, o1 e ..... ooc1 (782-2405) at !Hat 41 hows In acl¥anOe ....... NrvloN .. nNClld. 11** ,-.. " -. ' Ii • . ' • 0 • • 0 • • • -~-----~.~----- PUBLIC COMMENT ROSTER AGENDA ITEM 7 i1111111oaCNEDULIID vu•-111111'1ma-- DATE: JULY 20, 1 NON-SCHEDULED VISITORS IIAY SPEAK F MINUTES. EACH PERSON SHOULD SIGN ROSTER, STATING NAME, ADDRESS. PLEASE PRINT AQQRESS . , , . • • • 0 f ~~ ,.I ]- • • • PUBLIC COMMENT ROSTER DATE: JULY 20, 1991 NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FNE MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT ROSTER. STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT ADDRESS . . • • 0 '· ?. I - ]- • • ·, • • July 27, 1998 Special Session -City Council . ' • .. 0 I